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04-17-2013 City Council Agenda Packet
�i `<—k I F ©' AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL APRIL 17, 2013 SPECIAL MEETING — 5:30 P.M. — ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 5:30 P.M. REPORT ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on April 11, 2013) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. ADJOURN TO CLOSED SESSION — 5:30 P.M. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8): Property described as: Assessor's Parcel No. 389- 29 -07. Agency Negotiator /s: Dave Anderson, City Manager and John Cherbone, Public Works Director, and Richard Taylor, City Attorney Negotiating parties: City of Saratoga and David & Susan Carter Under negotiation: Price and terms of payment. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code 54956.9(d)(2) (1 case) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(d)(1)) Name of case: Lee v. City of Saratoga (Santa Clara County Superior Court Case No. 1-12 - CV - 225772) CALL JOINT MEETING TO ORDER — 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE 1. Joint Meeting with Montalvo Arts Recommended Action: Informational Only ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.sarato ag ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 4081868 -1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title II] Certificate of Posting of Agenda: I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on April 11, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 11 th day of April 2013 at Saratoga, California. Crystal Bothelio, City Clerk 4 Table of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Appointment of Heritage Preservation Commissioner Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 9 Attachment A: Resolution of Appointment . . . . . . . . . . . 11 Attachment B: Oath of Office . . . . . . . . . . . . . . . . . 12 Volunteer Appreciation Proclamations staff report . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . 15 Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . 16 City Council Meeting Minutes Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 17 Attachment A: Minutes for March 26, 2013 City Council Study Session . . . . . . . . . . . . . . . . . . . . . . . . 19 Attachment B: Minutes for April 3, 2013 Special and Regular City Council Meeting . . . . . . . . . . . . . . . . . 22 Review of Accounts Payable Check Registers Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 30 4/2/13 Check Register . . . . . . . . . . . . . . . . . . . . . 32 4/9/13 Check Register . . . . . . . . . . . . . . . . . . . . . 36 Amendment to Agreement for Countywide Household Hazardous Waste Collection Program Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 40 Attachment A: First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Attachment B: Agreement for Countywide Household Hazardous Waste Collection Program . . . . . . . . . . . . 47 Second Amendment to an Agreement with CSG Consultants for Building Inspection Services and Community Development Department Budget Adjustment Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 75 Attachment 1: Draft Amended Agreement . . . . . . . . . . . 77 Attachment 2: Budget Adjustment Resolution. . . . . . . . . . 80 Landscaping and Lighting Assessment District LLA -1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 13 -14 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 81 1. Resolutions (2) . . . . . . . . . . . . . . . . . . . . . . . 83 2. Engineer ?s Report . . . . . . . . . . . . . . . . . . . . . 88 Landscaping & Lighting Assessment District LLA -1; Resolution Describing Improvements and Directing Preparation of Engineer's Report for Annexation of a New Zone (Hill Avenue Tract 10168 - Zone 35) to the City of Saratoga Landscaping and Lighting Assessment District, LLA -1 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 158 1 Attachment 1: Resolution describing improvements and directing preparation of the Engineer's Report . . . . . . . . . 160 Attachment 2: Exhibit A- Description of Zone 35 Improvements . . . . . . . . . . . . . . . . . . . . . . . . 162 Attachment 3: Exhibit B - Zone 35 Map . . . . . . . . . . . . . 163 An Ordinance Applying AP /OS Overlay Zoning to the Property Located at 22101 Mount Eden Road Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 164 Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Zoning Ordinance Amendment (1) Allowing Businesses to Sell Beer and Wine as a Permitted Use Under Certain Conditions, (2) Creating a New Definition for Alcoholic Beverage, and (3) Modifying the Definition of Retail Establishment and Market Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 167 Draft Ordinance . . . . . . . . . . . . . . . . . . . . . . . . 169 Public Hearing Regarding Adoption of a Resolution to Abandon and Sell Unused City Property Located Near Gardiner Park Between 18929 and 18947 Harleigh Drive Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 172 1. Resolution . . . . . . . . . . . . . . . . . . . . . . . . . 176 2. Request for Bids . . . . . . . . . . . . . . . . . . . . . . 179 3. Form Purchase and Sale Agreement . . . . . . . . . . . . 182 4. Map of the Property . . . . . . . . . . . . . . . . . . . . . 214 5. March 6, 2013 Staff Report . . . . . . . . . . . . . . . . . 215 6. Resolution of Intention . . . . . . . . . . . . . . . . . . . 218 2 f� 4 t/,n_V A e n � k� �1 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, APRIL 17, 2013 REGULAR MEETING — 7:00 P.M. — CIVIC THEATER /COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on April 11, 2013) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Appointment of Heritage Preservation Commissioner Recommended action: 1. Adopt the resolution appointing Larry Schuck to the Heritage Preservation Commission; and 2. Direct the City Clerk to administer the Oath of Office. 3 2. Volunteer Appreciation Proclamations Recommended action: Present proclamation declaring April 24, 2013 as Volunteer Appreciation Day to representatives of West Valley Community Services and present proclamation declaring April 21 -27, 2013 as National Volunteer Week to City of Saratoga volunteers. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3. City Council Meeting Minutes Recommended action: Approve City Council minutes for the following meetings the City Council Study Session on March 26, 2013 and the Special and Regular City Council Meeting on April 3, 2013. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 4/2/2013 4/9/2013 5. Amendment to Agreement for Countywide Household Hazardous Waste Collection Program Recommended action: Authorize the City Manager to sign the first amendment to the agreement for Countywide Household Hazardous Waste (HHW) Collection Program with a $47,049.43 augmentation from City funds for Fiscal Year 2013/14. 6. Second Amendment to an Agreement with CSG Consultants for Building Inspection Services and Community Development Department Budget Adjustment Recommended action: Authorize the City Manager to execute an amendment to the agreement with CSG Consultants for building inspection services and approve a budget adjustment resolution increasing the Community Development Department budget for consultants by $30,000 for Fiscal Year 2012/13. 2 7. Landscaping and Lighting Assessment District LLA -1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 13 -14 Recommended action: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 13 -14 for renewing the Landscaping and Lighting Assessment District LLA -1. 2. Move to adopt the Resolution of Intention. 8. Landscaping & Lighting Assessment District LLA -1; Resolution Describing Improvements and Directing Preparation of Engineer's Report for Annexation of a New Zone (Hill Avenue Tract 10168 - Zone 35) to the City of Saratoga Landscaping and Lighting Assessment District, LLA -1 Recommended action: Move to adopt the Resolution describing improvements and directing preparation of the Engineer's Report. 9. An Ordinance Applying AP /OS Overlay Zoning to the Property Located at 22101 Mount Eden Road Recommended action: Waive the second reading and adopt the proposed ordinance. PUBLIC HEARINGS Applicants /Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant /Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 10. Zoning Ordinance Amendment (1) Allowing Businesses to Sell Beer and Wine as a Permitted Use Under Certain Conditions, (2) Creating a New Definition for Alcoholic Beverage, and (3) Modifying the Definition of Retail Establishment and Market Recommended action: Conduct a public hearing, introduce and waive the first reading of the ordinance, and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. 11. Public Hearing Regarding Adoption of a Resolution to Abandon and Sell Unused City Property Located Near Gardiner Park Between 18929 and 18947 Harleigh Drive Recommended action: After holding a public hearing and considering public testimony, staff recommends that the City Council adopt a resolution (Attachment A) to abandon and sell unused City Property located near Gardiner Park between 18929 and 18947 Harleigh Drive; directing staff to mail a Request for Bids (Attachment B) to the two adjoining property owners; approving a sale of the Property for no less than the estimated fair market value to the adjacent property owner willing to pay the highest price under terms in the form Purchase and Sale Agreement (Attachment C); authorizing staff to transfer the Property pursuant to the executed Purchase and Sale Agreement; directing the sale proceeds be allocated for park/trail purposes; and directing staff to initiate merger proceedings for the Property and the parcel owned by the buyer to create a single parcel. 5 OLD BUSINESS None NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Historical Foundation KSAR Community Access TV Board Saratoga Chamber of Commerce Contract Review Ad Hoc Village Ad Hoc West Valley Mayors and Managers Association Vice Mayor Emily Lo Hakone Foundation Board Let's Move City Ad Hoc Library Joint Powers Authority Santa Clara Valley Water District Commission Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee Council Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Chamber of Commerce County HCD Policy Committee Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Emergency Council Saratoga Chamber of Commerce Contract Review Ad Hoc SASCC TEA Ad Hoc Council Member Chuck Page Association of Bay Area Governments Highway 9 Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee Sister City Liaison 0 TEA Ad Hoc West Valley Sanitation District CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.sarato ag ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104 ADA Title II) Certificate of Posting of Agenda: I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on April 11, 2013, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us Signed this 11th day of April 2013 at Saratoga, California. Crystal Bothelio, City Clerk 7 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us -r a -�1 04/17 04/22 05/01 05/15 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2013 Regular Meeting — Joint Meeting with Montalvo Arts Special Meeting — Budget Study Session Regular Meeting — Joint Meeting with Youth Commission Regular Meeting — Joint Meeting with Mountain Winery 06/05 Regular Meeting — Joint Meeting with Traffic Safety Commission 06/19 Regular Meeting — Joint Meeting with Saratoga/Monte Sereno Community Foundation 07/03 Regular Meeting — Civic Theater Master Plan Study Session 07/17 RECESS 08/07 RECESS 08/21 Regular Meeting — Joint Meeting with SASCC 09/04 Regular Meeting — Joint Meeting with Parks and Rec /PEBTAC 09/18 Regular Meeting — Joint Meeting with West Valley Board of Trustees 10/02 Regular Meeting — 5:30 p.m. Joint Meeting with Saratoga School Districts 10/16 Regular Meeting — Joint Meeting with Hakone Foundation Board 11/06 Regular Meeting — Joint Meeting with Library Commission and Friends of the Library 11/20 Regular Meeting — Joint Meeting Sister City Committee 12/04 Regular Meeting — Joint Meeting with Assembly Member Paul Fong and Jim Beall 12/18 Regular Meeting — Joint Meeting TBD 0 u � SARATOGA CITY COUNCIL RL ?FVx1�`� MEETING DATE: April 17, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Appointment of Heritage Preservation Commissioner RECOMMENDED ACTION: 1. Adopt the resolution appointing Larry Schuck to the Heritage Preservation Commission; and 2. Direct the City Clerk to administer the Oath of Office. BACKGROUND: On April 3, 2013, the City Council held interviews to fill the position on the Heritage Preservation Commission vacated by Warren Heid. Council selected Larry Schuck to serve the remainder of Warren Heid's term, which ends January 1, 2014. Following City Council adoption of the resolution appointing Larry Schuck to the Heritage Preservation Commission, the City Clerk will administer the Oath of Office to the new Commissioner. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Appointments to the Heritage Preservation Commission would not be made. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Update the City's Commission Roster. Page 1 of 2 D ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution of Appointment Attachment B: Oath of Office Page 2 of 2 10 RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE HERITAGE PRESERVATION COMMISSION WHEREAS, one vacancy on the Heritage Preservation Commission by the resignation of Commissioner Warren Heid; and WHEREAS, the uncompleted term ends January 1, 2014; and WHEREAS, the City publicized the vacancies, accepted applications, and conducted interviews on April 3, 2013; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointment was made to the Heritage Preservation Commission: HERITAGE PRESERVATION COMMISSION Larry Schuck April 17, 2013 — January 1, 2014 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 17th day of April 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Bothelio, City Clerk DATE: 11 Jill Hunter, Mayor STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Larry Schuck, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 17th day of April 2013. Crystal Bothelio City Clerk 12 Larry Schuck, Member Heritage Preservation Commission u � SARATOGA CITY COUNCIL MEETING DATE: April 17, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: Dave Anderson SUBJECT: Volunteer Appreciation Proclamations RECOMMENDED ACTION: Present proclamation declaring April 24, 2013 as Volunteer Appreciation Day to representatives of West Valley Community Services and present proclamation declaring April 21 -27, 2013 as National Volunteer Week to City of Saratoga volunteers. REPORT SUMMARY: Throughout the United States, National Volunteer Week is recognized to honor people who volunteer to help others and improve their community. During this week, West Valley Community Services will be recognizing its volunteers through its Volunteer Appreciation Day. Additionally, Saratoga volunteers will be present at the Council meeting to be acknowledged for their contributions to the community. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the 13 meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachments — Proclamations 14 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA PROCLAIMING APRIL 24, 2013 AS VOLUNTEER APPRECIATION DAY WHEREAS, Martin Luther King, Jr. is quoted as saying, `Everyone can be great, because everyone can serve "; and WHEREAS, the entire community can inspire, equip and mobilize people to take action that changes the community; and WHEREAS, individuals and communities are at the center of social change, discovering their power to make a difference; and WHEREAS, volunteers can connect with local community service opportunities through community service organizations, like West Valley Community Services; and WHEREAS, West Valley Community Services' annual volunteer force of over 650 is a great treasure and west Valley Community Services' volunteers contribute over 19,000 hours of services every year to support the community; and WHEREAS, while National Volunteer Week is April 21 -27, 2013, West Valley Community Services' is honoring their volunteers with Volunteer Appreciation Day on April 24, 2013; and WHEREAS, volunteers are vital to the mission of West Valley Community Services to encourage the sharing of community resources and provide basic human needs in a caring and dignified environment. NOW, THEREFORE, the City Council of Saratoga does hereby proclaim April 24, 2013 as Volunteer Appreciation Day in Saratoga and urges all citizens to volunteer in their respective communities. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of April 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA PROCLAIMING APRIL 21-27,2013 AS NATIONAL VOLUNTEER APPRECIATION WEEK WHEREAS, National Volunteer Appreciation Week is celebrated April 21 -27, 2013; and WHEREAS, Martin Luther King, Jr. is quoted as saying, "Everyone can be great, because everyone can serve"; and WHEREAS, a diverse and dedicated pool of individuals share their precious time, skills, and resources with the City of Saratoga; and WHEREAS, by volunteering, these individuals contribute to the superior quality and cost effectiveness of City programs and services; and WHEREAS, 48 participants have contributed to the success of the Volunteer Saratoga program by performing 758 hours of service since April 2012; and WHEREAS, Volunteer Saratoga program volunteers vary in age, interests, abilities, and perform a wide array of services; and WHEREAS, community service builds character, conservationism, stewardship, integrity, and respect; and WHEREAS, National Volunteer Week was established in 1974 and is a time to celebrate people doing extraordinary things through service and focuses national attention on the impact and power of volunteerism and service as an integral aspect of our civic leadership. NOW, THEREFORE, the City Council of Saratoga does hereby proclaim April 21 -27, 2013 as National Volunteer Appreciation Week in Saratoga and urges all citizens to volunteer and celebrate those who serve the community by volunteering. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of April 2013. Jill Hunter, Mayor City of Saratoga u � SARATOGA CITY COUNCIL RL ?FVx1�`� MEETING DATE: April 17, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve City Council minutes for the following meetings the City Council Study Session on March 26, 2013 and the Special and Regular City Council Meeting on April 3, 2013. BACKGROUND: The draft minutes for the City Council Study Session on March 26, 2013 and the Special and Regular City Council Meeting on April 3, 2013 are attached to this report for Council review and approval. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. Page 1 of 2 17 ATTACHMENTS: Attachment A: Minutes for March 26, 2013 City Council Study Session Attachment B: Minutes for April 3, 2013 Special and Regular City Council Meeting Page 2 of 2 in MINUTES MARCH 26, 2013 SARATOGA SPECIAL CITY COUNCIL MEETING CAPITAL IMPROVEMENT PLAN PROJECT ASSESSMENT REVIEW SARATOGA CITY HALL — ADMINISTRATIVE CONFERENCE ROOM CALL MEETING TO ORDER Mayor Hunter called the meeting to order at 6:05 p.m. ROLL CALL PRESENT Council Members Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Crystal Bothelio, City Clerk John Cherbone, Public Works Director Mary Furey, Finance and Administrative Services Director Michael Taylor, Recreation and Facilities Director REPORT ON POSTING OF AGENDA City Clerk Crystal Bothelio reported that pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on March 22, 2013. ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS None COUNCIL DIRECTION TO STAFF None Capital Improvement Plan Project Assessment Review Recommended Action: Review the current year's Unfunded Capital Improvement Project (CIP) List and proposed projects on the CIP Candidate List; provide direction to staff on project status and prioritization for preparation of FYs 2013/14 — 2017/18 Proposed Capital Budget. Finance and Administrative Services Director Mary Furey provided a report on the unfunded CIP list, proposed projects on the candidate CIP list, and status of CIP projects currently funded. 19 Finance and Administrative Services Director Mary Furey, Public Works Director John Cherbone, and Recreation and Facilities Director Michael Taylor, and City Manager Dave Anderson addressed Council questions about projects on the unfunded CIP list, candidate CIP list, and current funded CIP list. Mayor Hunter invited Jim Stallman to speak about an unfunded CIP project. Jim Stallman, member of the Pedestrian, Equestrian, and Bicycle Trails Committee (PEBTAC) provided additional information about the unfunded CIP project, Congress Springs Park North Side Entrance. Council Member Miller expressed a strong interest in the Fuel Reduction Program and Community Wildfire Protection Plan on the candidate CIP list. He noted that both would satisfy implementation measures of the recently adopted Safety Element of the General Plan. He suggested that the Fuel Reduction Program in the candidate CIP project list be funded through the Operating Budget instead of the CIP Budget. Mayor Hunter expressed concern that the Fuel Reduction Program would make homes on the hillsides more visible from the valley. Council Member Lo shared she liked Guava Court/Fredericksburg Entrance project on the candidate CIP list, but asked about safety issues as a result of the entrance's proximity to a railroad. Mayor Hunter invited public comment on the Guava Court/Fredericksburg Entrance project. Jack Callon spoke in favor of the project. Ann Kay spoke in favor of the project. Linda Callon spoke in favor of the project. Jim Stallman spoke in favor of the project. Ann Waltonsmith spoke in favor of the project. During discussion on active CIP projects, Council Member Page suggested the City consider Application Service Provider (ASP) solutions as a cost savings measure. MILLER/PAGE MOVED TO TAKE THE FOLLOWING ACTIONS ON ITEMS ON THE CANDIDATE CIP LIST: - FUND THE PROSPECT ROAD — SARATOGA AVE, PDA CORRIDOR, PEDESTRIAN, BICYCLE AND MEDIAN IMPROVEMENTS $544,825 GRANT MATCH FROM THE GAS TAX; 0 20 - MOVE THE GUAVA COURT/FREDERICKSBURG ENTRANCE TO THE CIP AND FUND AT $45,880 FROM THE CIP RESERVE FUNDING; - MOVE THE VILLAGE SIDEWALK REPAIR TO THE FUNDED CIP LIST AND FUND FROM THE STP OBAG GRANT; - MOVE THE PLAYGROUND FIBAR IMPROVEMENTS TO THE FUNDED CIP LIST AND FUND $25,000 FROM THE ABAG SAFETY GRANT AND $15,000 FROM THE RISK MANAGEMENT CIP PROJECT; - MOVE JOE'S TRAIL AT SARATOGA DEANZA TO THE UNFUNDED CIP LIST, INCLUDE HAKONE GARDENS PAVING IMPROVEMENTS AS PART OF THE 2013 PAVEMENT MANAGEMENT PROGRAM; - MOVE NORTAN ROADNILLA MONTALVO EMERGENCY ROUTE TO THE UNFUNDED CIP LIST; - INCLUDE THE COMMUNITY WILDFIRE PROTECTION PLAN IN THE FUNDED CIP LIST AND ALLOCATE $25,000 TO THE PROGRAM FROM CIP RESERVE FUNDING; AND - MOVE THE FUEL REDUCTION PROGRAM TO THE OPERATING BUDGET UNDER EMERGENCY SERVICES. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. MILLER/PAGE MOVED TO MAKE THE FOLLOWING CHANGES TO THE UNFUNDED CIP LIST: - REMOVE DE ANZA TRAIL PHASE II; - REMOVE CALABAZAS CREEK TRAIL; AND - MOVE THE WILDWOOD PARK BRIDGE REHABILITATION PROJECT TO THE FUNDED LIST AND FUND AT $125,000 FROM PARK IN LIEU FEES. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. ADJOURNMENT Mayor Hunter adjourned the meeting at 8:04 p.m. Minutes respectfully submitted: Crystal Bothelio, City Clerk 21 MINUTES WEDNESDAY, APRIL 3, 2013 SARATOGA SPECIAL CITY COUNCIL MEETING The City Council conducted interviews for the Heritage Preservation Commission at 5:00 p.m. in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. At 5:15 p.m., the Council adjourned to Closed Session. At 6:00 p.m., the City Council held a joint meeting with the Santa Clara County Sheriff's Office. SARATOGA REGULAR CITY COUNCIL MEETING Mayor Hunter called the meeting to order at 7:04 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Council Members Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk John Cherbone, Public Works Director Mary Furey, Finance and Administrative Services Director James Lindsay, Community Development Director Michael Taylor, Recreation and Facilities Director Christopher Riordan, Senior Planner Michael Fossati, Planner REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Crystal Bothelio reported that pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on March 28, 2013. REPORT FROM CLOSED SESSION Mayor Hunter stated that there was nothing to report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aundized Items Lon Saavedra, Executive Director of the Hakone Foundation, addressed the Council and thanked the City for planning to repair a collapsed retaining wall blocking a portion of the Hakone Gardens driveway. Vicky Teng addressed the Council about the use of infrared and ultraviolet lasers in residential areas and audible dog and pest repellents. 22 Oral Communications - Council Direction to Staff City Manager Dave Anderson indicated that he would ask the Sheriff's Office to contact Vicky Teng. Communications from Boards and Commissions Captain Kenneth Binder with the Santa Clara County Sheriff's Office provided a summary of the City Council's joint meeting with the Sheriff's Office and introduced Lieutenant Neil Valenzuela. Council Direction to Staff None ANNOUNCEMENTS The City Council recognized Mayor Hunter for being selected as Woman of the Year. CEREMONIAL ITEMS Commendation for Outgoing Planning Commissioner David Reis Recommended action: Read and present commendation for Planning Commissioner David Reis. Mayor Hunter read and presented the commendation to David Reis. 2. Appointment of Planning Commissioners Recommended action: 1. Adopt the resolution appointing two members to the Planning Commission; and 2. Direct the City Clerk to administer the Oaths of Office. RESOLUTION NO. 13 -013 MILLER/PAGE MOVED TO 1. ADOPT THE RESOLUTION APPOINTING TWO MEMBERS TO THE PLANNING COMMISSION; AND 2. DIRECT THE CITY CLERK TO ADMINISTER THE OATHS OF OFFICE. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. City Clerk Crystal Bothelio administered the Oath of Office to Tina Walla and Dorothea Smullen. SPECIAL PRESENTATIONS None 0 23 CONSENT CALENDAR 3. City Council Meeting Minutes Recommended action: Approve minutes for the Special and Regular City Council Meeting on March 20, 2013. PAGE /CAPPELLO MOVED TO APPROVE MINUTES FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON MARCH 20, 2013. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 3/19/2013 3/26/2013 PAGE /CAPPELLO MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES 3/19/2013 AND 3/26/2013. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 5. Treasurer's Report for the Month Ended February 28, 2013 Recommended action: Review and accept the Treasurer's Report for the month ended February 28, 2013. PAGE /CAPPELLO MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE MONTH ENDED FEBRUARY 28, 2013. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 6. ABAG POWER Pipeline Capacity Regulations Recommended action: Authorize the Mayor to sign and send the attached letter to the CPUC stating the City of Saratoga's objections to force ABAG POWER to take and pay for pipeline capacity acquired by PG &E. Council Member Page removed this item from the Consent Calendar to request additional information. Finance & Administrative Services Director Mary Furey addressed Council questions. The Council invited Tamon Norimoto from Pacific Gas and Electric (PG &E) to speak. Mayor Hunter invited public comment on the item. 24 The following person spoke: Trish Cypher No one else requested to speak. PAGE /CAPPELLO MOVED TO DENY THE STAFF RECOMMENDATION TO AUTHORIZE THE MAYOR TO SIGN AND SEND A LETTER TO THE CPUC STATING THE CITY OF SARATOGA'S OBJECTIONS TO FORCE ABAG POWER TO TAKE AND PAY FOR PIPELINE CAPACITY ACQUIRED BY PG &E. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 7. Resolution Amending Council Agency and Ad Hoc Assignments Recommended action: Approve resolution amending Resolution 12 -067 appointing Council representatives to agencies and ad hoc committees for the year 2013. Council Member Page removed this item from the Consent Calendar to seek additional information about the amendment to the Council Agency and Ad Hoc Assignments. Mayor Hunter invited public comment on the item. No one requested to speak. RESOLUTION NO. 13 -014 PAGE /MILLER MOVED TO APPROVE RESOLUTION AMENDING RESOLUTION 12 -067 APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND AD HOC COMMITTEES FOR THE YEAR 2013. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 8. Quarry Property Master Plan Project Consultant Selection Recommended action: 1. Select the Planning Center /DC &E as the consultant for Quarry Property Master Plan Development Project. 2. Authorize City Manager to enter into a Professional Service Agreement with The Planning Center /DC &E in the amount of $249,631. Council Member Miller removed this item from the Consent Calendar to request that staff provide an overview of the master plan project. Public Works Director John Cherbone gave the Council a report on the item. Mayor Hunter invited public comment on the item. The following person spoke: Trish Cypher il 25 No one else requested to speak. MILLER/PAGE MOVED TO 1. SELECT THE PLANNING CENTER/DC &E AS THE CONSULTANT FOR QUARRY PROPERTY MASTER PLAN DEVELOPMENT PROJECT; AND 2. AUTHORIZE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICE AGREEMENT WITH THE PLANNING CENTER/DC &E IN THE AMOUNT OF $249,631. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. PUBLIC HEARINGS 9. Zoning Ordinance Amendment (1) Allowing Businesses to Sell Beer and Wine as a Permitted Use Under Certain Conditions; (2) Creating a New Definition for Alcoholic Beverage; and (3) Modifying the Definition of Retail Establishment and Market Recommended action: Conduct a public hearing, introduce and waive the first reading of the ordinance, and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. Michael Fossati, Planner in the Community Development Department, presented the staff report. Planning Commissioner Tina Walia provided additional information about the Commission's recommendation. Community Development Director James Lindsay addressed questions from the City Council. Mayor Hunter invited public comment on the item. No one requested to speak. PAGE /CAPPELLO MOVED TO CONTINUE THE PUBLIC HEARING TO APRIL 17, 2013 AND DIRECTED STAFF TO RETURN WITH AN AMENDED ORDINANCE THAT ALLOWS RETAIL SALE OF BEER AND WINE AS A PERMITTED USE WHEN NO MORE THAN 40% OF THE FLOOR AREA DEDICATED TO FOOD OR BEVERAGE SALES IS USED FOR BEER AND WINE SALES AND NO MORE THAN 2,000 SQUARE FEET OR 25% OF THE TOTAL FLOOR IS DEDICATED TO FOOD AND BEVERAGE SALES FOR OFF -SITE HUMAN CONSUMPTION. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO. NOES: HUNTER. ABSENT: NONE. ABSTAIN: NONE. 5 26 10. Annexation of Approximately 223 Acres of Certain Unincorporated Islands; an Amendment to the General Plan Land Use Map Changing the Land Use Designation of the Quarry Property to Open Space- Outdoor Recreation; and Adoption of an Ordinance Applying the AP /OS Overlay Zoning to the Property Located at 22101 Mount Eden Road Recommended action: 1.Adopt the attached resolution amending Resolution No. 12 -050 to add two additional unincorporated islands within the City's Urban Service Area which include the 68 -acre Congress Springs Quarry Property and a 0.28 acre parcel located in the vicinity of 22100 Mount Eden Road to the list of properties to be annexed; 2.Adopt the attached resolution approving annexation of properties located within the City's Urban Service Area which include an Amendment to the General Plan Land Use Map to modify the Land Use Designation of the Congress Springs Quarry Property from Hillside Open Space to Open Space- Outdoor Recreation; and 3. Introduce and waive the first reading of the ordinance applying AP /OS Overlay Zoning and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. Senior Planner Christopher Riordan presented the staff report. Mayor Hunter invited public comment on the item. No one requested to speak. RESOLUTIONS NO. 13 -015 AND 13 -016 MILLER/PAGE MOVED TO LADOPT THE ATTACHED RESOLUTION AMENDING RESOLUTION NO. 12 -050 TO ADD TWO ADDITIONAL UNINCORPORATED ISLANDS WITHIN THE CITY'S URBAN SERVICE AREA WHICH INCLUDE THE 68 -ACRE CONGRESS SPRINGS QUARRY PROPERTY AND A 0.28 ACRE PARCEL LOCATED IN THE VICINITY OF 22100 MOUNT EDEN ROAD TO THE LIST OF PROPERTIES TO BE ANNEXED; 2.ADOPT THE ATTACHED RESOLUTION APPROVING ANNEXATION OF PROPERTIES LOCATED WITHIN THE CITY'S URBAN SERVICE AREA WHICH INCLUDE AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP TO MODIFY THE LAND USE DESIGNATION OF THE CONGRESS SPRINGS QUARRY PROPERTY FROM HILLSIDE OPEN SPACE TO OPEN SPACE - OUTDOOR RECREATION; AND 3. INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE APPLYING AP /OS OVERLAY ZONING AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. OLD BUSINESS None Co 27 NEW BUSINESS 11. Amendments to League of California Cities Bylaws Recommended action: Determine position on proposed amendments to League of California Cities bylaws and authorize the Mayor to cast the vote for the City and sign the ballot on the bylaw amendments. City Clerk Crystal Bothelio presented the staff report. Mayor Hunter invited public comment on the item. PAGE /CAPPELLO MOVED TO SUPPORT FOR THE AMENDMENTS TO THE LEAGUE OF CALIFORNIA CITIES BYLAWS AND AUTHORIZE THE MAYOR TO SIGN THE BALLOT REFLECTING THE CITY'S POSITION ON THE PROPOSED BYLAW CHANGES. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter Mayor Hunter thanked the Council for recognizing her for being selected as Woman of the Year. Vice Mayor Emily Lo Santa Clara Valley Water District Commission — the members of the Commission were recently surveyed. It is the first time that the Commission has been surveyed in this manner. The survey may result in restructuring some of the advisory committees. The next meeting is April 10, 2013 and Council Member Lo will be unable to attend. Council Member Howard Miller Council Member Miller stated he had nothing to report. Council Member Manny Cappello Council Member Miller shared that he attended the Association of Bay Area Governments (ABAG) meeting to hear the City's Regional Housing Needs Allocation (RHNA) appeal. The City's RHNA appeal was denied. SASCC — the City's contract with SASCC will be expiring and coming before the Council for renewal soon. The Board will also be holding a strategic planning session in the next couple of weeks. TEA Ad Hoc — a group of representatives from the City, Cupertino, Monte Sereno, and Los Altos Hills went to Sacramento to voice support for Senate Bill 629 before the State Senate Governance and Finance Committee, which moved the bill forward in the process. Council Member Chuck Santa Clara County Cities Association — Council Member Page will be unable to attend the next meeting. Santa Clara County Cities Association Selection Committee — during the last meeting, an appointment was made to the Recycling and Waste Reduction Commission. 7 W West Valley Sanitation District — a notice was sent to district residents informing them of a Prop 218 rate increase. Residents opposed to the increase may send an objection protesting the higher rates. CITY COUNCIL ITEMS None CITY MANAGER'S REPORT City Manager Dave Anderson provided a brief report on the State Senate Governance and Finance Committee hearing on Senate Bill 629. ADJOURNMENT PAGE /MILLER MOVED TO ADJOURN THE MEETING AT 10:02 P.M. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. Minutes respectfully submitted: Crystal Bothelio, City Clerk N. 29 MEETING DATE DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 17, 2013 Finance & Administrative Services Gina Fitch SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 4/2/2013 4/9/2013 REPORT SUMMARY: AGENDA ITEM: CITY MANAGER: DEPT. DIRECTOR: Dave Anderson Mary Furey Attached are Check Registers for: Type of Checks Date Starting Check # Ending Check # Total Checks Amount Checks Released Prior Check Register Date Ending Check # Accounts Payable 4/2/13 122463 122512 50 133,454.63 04/02/13 3/26/13 122462 Accounts Payable 4/9/13 122513 122560 48 266,335.18 04/09/13 1 4/2/13 122512 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Fund Dept. Purpose Amount 04/02/13 122472 City of San Jose General PS Animal Control Services 29,438.62 04/09/13 122523 Comp Shared Risk Pool Worker's Comp Fund Non - Depart. Quarterly Premium 39,038.35 04/09/13 122530 Gradetech CIP Streets Project PW Highway 9 - Safety 145,425.78 Accounts Payable checks voided during this time period: AP Date I Check # Issued to Reason I Status Amount 11/20/12 1 121611 ICrown Castle I Did not receive check Re -Issue 262.00 30 Cash reductions by fund: Fund # Fund Description 04/02/13 04/09/13 Total 111 General Fund 86,308.65 26,993.44 113,302.09 231 Village Lighting 17.31 17.31 232 Azule Lighting - 233 Sarahills Lighting - 241 Arroyo de Saratoga Landscape 68.00 68.00 242 Bonnet Way Landscape 85.00 85.00 170.00 243 Carnelian Glen 68.00 68.00 244 Cunningham/Glasgow Landscape 135.00 135.00 245 Fredericksburg Landscape 102.00 102.00 246 Greenbriar Landscape 230.00 230.00 247 Kerwin Ranch Landscape 270.00 270.00 248 Leutar Court Landscape 75.00 75.00 249 Manor Drive Landscape 130.00 130.00 251 McCartysville Landscape 250.00 250.00 252 Prides Crossing Landscape 405.00 405.00 253 Saratoga Legends Landscape 165.00 165.00 330.00 254 Sunland Park Landscape 260.00 260.00 255 Tricia Woods Landscape 34.00 34.00 271 Beauchamps Landscape 68.00 68.00 272 Bellgrove Landscape 1,710.00 1,710.00 273 Gateway Landscape 152.87 344.14 497.01 274 Horseshoe Landscape /Lighting 135.00 135.00 275 Quito Lighting 8,070.00 8,070.00 276 Tollgate LLD 80.00 30.24 110.24 277 Village Commercial Landscape - 278 Brookglen L &L 50.00 50.00 311 Library GO Bond Debt Service - 411 CIP Street Projects 8,928.83 14,846.95 23,775.78 412 CIP Park & Trail Projects 7,437.55 1,984.50 9,422.05 413 CIP Facility Projects 1,575.00 15,140.37 16,715.37 414 CIP Admin Projects - 421 Tree Fund - 431 Grant Fund - CIP Streets 1,358.46 131,783.20 133,141.66 432 Grant Fund - Parks & Trails - 433 Grant Fund - Facilities 159.95 20,265.00 20,424.95 434 Grant Fund - Admin Projects - 10,327.95 10,327.95 481 Gas Tax Fund 10,915.63 720.00 11,635.63 611 Liability/Risk Mgt - - 612 Workers' Comp 39,038.35 39,038.35 621 Office Support 611.60 611.60 622 IT Services 681.70 887.23 1,568.93 623 Vehicle & Equipment Maint 1,088.12 288.52 1,376.64 624 Building Maintenance 1,595.46 2,823.69 1 4,419.15 631 Vehicle & Equipment Replacement - 632 IT Equipment Replacement 845.10 845.10 TOTAL 133,454.63 266,335.18 - 399,789.81 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format 31 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 04/02/2013 CITY OF SARATOGA ACCTPA21 TIME: 10:57:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130402 00:00:00.000' ACCOUNTING PERIOD: 10/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122463 04/02/13 234 11111 122463 04/02/13 234 11111 122463 04/02/13 234 11111 122463 04/02/13 234 11111 122463 04/02/13 234 11111 122463 04/02/13 234 11111 122463 04/02/13 234 11111 122463 04/02/13 234 11111 122463 04/02/13 234 TOTAL CHECK 0.00 275.00 11111 122464 04/02/13 35 11111 122465 04/02/13 953 11111 122465 04/02/13 953 TOTAL CHECK 0.00 2,470.00 11111 122466 04/02/13 607 11111 122467 04/02/13 500 11111 122468 04/02/13 130 11111 122469 04/02/13 935 11111 122470 04/02/13 176 11111 122470 04/02/13 176 11111 122470 04/02/13 176 11111 122470 04/02/13 176 11111 122470 04/02/13 176 11111 122470 04/02/13 176 11111 122470 04/02/13 176 11111 122470 04/02/13 176 TOTAL CHECK 11111 122471 04/02/13 193 11111 122472 04/02/13 517 11111 122473 04/02/13 230 11111 122474 04/02/13 250 11111 122475 04/02/13 500 11111 122476 04/02/13 1 11111 122477 04/02/13 1136 11111 122478 04/02/13 390 11111 122478 04/02/13 390 TOTAL CHECK VENDOR - - -- --- - - - - -- BUDGET UNIT • T & T 6246202 • T & T 6246202 • T & T 6246202 • T & T 1117102 • T & T 6246202 • T & T 6223201 • T & T 6246202 • T & T 1115301 • T & T 1115301 DESCRIPTION MNTHLY RECURRING CHRG ALARM SYSTEM PHONES SR ALARM SYSTEM PH EMERGENCY RESPONSE PROSPECT CENTER PROSPECT CENTER PROSPECT RD FIRE ALRM CORP YARD EMERG LN BLANEY PHONE MODEM ACCENT GRAPHICS 1111101 OFFICE SUPPLIES ARC 1115301 KEVIN MORAN PRK PLANS ARC 1114101 MICROFICHE BUDGET FLOORING 4339314 -004 BYUNG KIM 111 CDW GOVERNMENT 6323202 CHRISP COMPANY 4819111 -001 CIENEGA LANDSCAPING 2755302 CIENEGA LANDSCAPING 1115301 CIENEGA LANDSCAPING 1115301 CIENEGA LANDSCAPING 1115301 CIENEGA LANDSCAPING 2755302 CIENEGA LANDSCAPING 2785302 CIENEGA LANDSCAPING 2465302 CIENEGA LANDSCAPING 2465302 CITY OF CUPERTINO 1111101 CITY OF SAN JOSE 1117101 COLONY LANDSCAPE MAINTEN 1115301 COTTON SHIRES AND ASSOCI 4129222 -002 DAN AND NANCY CHEADLE 111 DEPARTMENT OF REVENUE 1117101 DIVISION OF THE STATE AR 111 ELECTRICAL DISTRIBUTORS 1115301 ELECTRICAL DISTRIBUTORS 1115301 32 CARPET - COUNTER AREA REFUND FACILITY UPS BATT. REPLACEMENT STREETS PROJECT MARTHA AVE CLEAN UP MAR KEVIN MORAN PARK MAR CONGRESS SPRINGS MAR AZULE PARK MARCH QUITO LLA MARCH BROOKGLEN MAR GREENBRIAR AZULE MARGREENBRIAR SEAGULL SB629 ADVOCACY SRVC ANIMAL SRVCS MAR /APR TOPDRESSING EL QUITO PROJECT E5532 REFUND 07 -299 PARKING CIT 3/13 JAN -MAR 2013 SB1186 LANDSCAPE SUPPLIES DISCOUNT TAKEN SALES TAX AMOUNT 0.00 179.30 0.00 88.35 0.00 31.17 0.00 190.08 0.00 75.00 0.00 77.00 0.00 30.64 0.00 43.19 0.00 15.65 0.00 730.38 0.00 40.30 0.00 42.92 0.00 576.31 0.00 619.23 0.00 159.95 0.00 300.00 0.00 845.10 0.00 4,924.00 0.00 75.00 0.00 275.00 0.00 400.00 0.00 395.00 0.00 75.00 0.00 50.00 0.00 135.00 0.00 95.00 0.00 1,500.00 0.00 2,470.00 0.00 29,438.62 0.00 12,300.00 0.00 7,437.55 0.00 1,477.70 0.00 37.50 0.00 209.10 0.00 54.62 0.00 -1.01 0.00 53.61 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 04/02/2013 CITY OF SARATOGA ACCTPA21 TIME: 10:57:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130402 00:00:00.000' ACCOUNTING PERIOD: 10/13 2 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 122479 04/02/13 423 FEHR & PEERS ill PWTR11 -001 0.00 593.60 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 1115301 WOOD CHIPS FOOTHILL 0.00 750.13 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2415302 MARCH ARROYO DE SARA 0.00 68.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 1115301 MAR BEAUCHAMPS PRK 0.00 188.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 1115301 MARCH MEDIANS 0.00 3,587.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 1115301 MARCH LIBRARY 0.00 464.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2435302 MARCH CARNEILIAN GLEN 0.00 68.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2445302 MARCUNNINGHAM /GLASGOW 0.00 135.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2455302 MARCH FREDRICKSBURG 0.00 102.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2735302 MARCH GATEWAY 0.00 102.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2475302 MARCH KERWIN 0.00 270.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 1115301 MAR DWNTWN NEWSPAPERS 0.00 68.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2525302 MARCH PRIDES CROSSING 0.00 405.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2555302 MARCH TRICIA WOODS 0.00 34.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2715302 MARCH BEAUCHAMPS 0.00 68.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 1115301 MARCH DOWNTOWN 0.00 126.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2765302 MARCH TOLLGATE 0.00 80.00 11111 122480 04/02/13 454 GACHINA LANDSCAPE MANAGE 2485302 MARCH LEUTAR CT 0.00 75.00 TOTAL CHECK 0.00 6,590.13 11111 122481 04/02/13 455 GARDENLAND POWER EQUIPME 1115301 MULTI TOOL TOP SAW 0.00 47.96 11111 122481 04/02/13 455 GARDENLAND POWER EQUIPME 1115301 CHAINSAW SRVC 019T 0.00 82.34 11111 122481 04/02/13 455 GARDENLAND POWER EQUIPME 1115301 BLOWER 0.00 589.82 11111 122481 04/02/13 455 GARDENLAND POWER EQUIPME 1115301 CHAIN SAW SRVC MS260 0.00 106.39 11111 122481 04/02/13 455 GARDENLAND POWER EQUIPME 1115201 STREETS SUPPLIES 0.00 39.09 TOTAL CHECK 0.00 865.60 11111 122482 04/02/13 463 GRAINGER 1115301 RETURN SUPPLIES 0.00 - 274.66 11111 122482 04/02/13 463 GRAINGER 1115301 PARKS SUPPLIES 0.00 82.03 11111 122482 04/02/13 463 GRAINGER 6223201 SMALL TOOLS 0.00 542.91 11111 122482 04/02/13 463 GRAINGER 1115301 RETURN SUPPLIES 0.00 -63.38 11111 122482 04/02/13 463 GRAINGER 6235202 PARTS VEHICLE #110 0.00 747.43 TOTAL CHECK 0.00 1,034.33 11111 122483 04/02/13 19 IAN GEDDES TREE CARE, IN 1115301 REMOVE BIRCH GARDINER 0.00 2,080.00 11111 122483 04/02/13 19 IAN GEDDES TREE CARE, IN 2755302 MISTLETOE REMOVAL 0.00 7,920.00 TOTAL CHECK 0.00 10,000.00 11111 122484 04/02/13 1106 JEFF BERGER 1116101 INSTRUCTOR -BOOT CAMP 0.00 975.10 11111 122484 04/02/13 1106 JEFF BERGER 1116101 INSTRUCTOR -BOOT CAMP 0.00 238.00 11111 122484 04/02/13 1106 JEFF BERGER 1116101 INSTRUCTOR -BOOT CAMP 0.00 798.00 TOTAL CHECK 0.00 2,011.10 11111 122485 04/02/13 567 KANEN TOURS 1116101 EXCURSION 3/26/13 0.00 1,839.60 11111 122486 04/02/13 100 KSAR 1118301 4 BROADCASTS 3/13 0.00 2,600.00 11111 122487 04/02/13 171 LABOSSIERE, MONICA 1113301 MILEAGE -EOC TRAINING 0.00 12.94 11111 122488 04/02/13 944 LEAGUE OF CA CITIES -PENI 1111101 LEAGUE CA CITIES MTG 0.00 80.00 33 2 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 04/02/2013 CITY OF SARATOGA ACCTPA21 TIME: 10:57:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130402 00:00:00.000' ACCOUNTING PERIOD: 10/13 11111 122502 04/02/13 69 SASCC 1118301 Q4 SVC SUPPORT 2012/1 0.00 5,250.00 34 3 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 122489 04/02/13 194 LIEBERT, CASSIDY WHITMOR 1113301 LEGAL SRVCS THRU 2/28 0.00 63.00 11111 122490 04/02/13 683 LIST ENGINEERING COMPANY 4139314 -002 BASIC SRVCS FOR GAS 0.00 1,575.00 11111 122491 04/02/13 221 LORAL LANDSCAPING, INC 2515302 MARCH MCCARTYSVILLE 0.00 250.00 11111 122491 04/02/13 221 LORAL LANDSCAPING, INC 2545302 MARCH SUNLAND PARK 0.00 260.00 11111 122491 04/02/13 221 LORAL LANDSCAPING, INC 2495302 MARCH MANOR DR 0.00 130.00 11111 122491 04/02/13 221 LORAL LANDSCAPING, INC 2725302 MARCH BELLGROVE 0.00 1,710.00 11111 122491 04/02/13 221 LORAL LANDSCAPING, INC 2745302 MARCH HORSESHOE 0.00 135.00 TOTAL CHECK 0.00 2,485.00 11111 122492 04/02/13 499 CARPENTERS LOCAL 2236 (M 111 DED:3000 DUES 0.00 330.00 11111 122493 04/02/13 135 NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES 0.00 570.00 11111 122494 04/02/13 145 OFFICE DEPOT INC. 1115101 OFFICE SUPPLIES 0.00 92.13 11111 122494 04/02/13 145 OFFICE DEPOT INC. 1118101 OFFICE SUPPLIES 0.00 33.96 11111 122494 04/02/13 145 OFFICE DEPOT INC. 6223201 OFFICE SUPPLIES 0.00 61.79 11111 122494 04/02/13 145 OFFICE DEPOT INC. 1113301 OFFICE SUPPLIES 0.00 66.88 11111 122494 04/02/13 145 OFFICE DEPOT INC. 1115201 OFFICE SUPPLIES 0.00 28.22 11111 122494 04/02/13 145 OFFICE DEPOT INC. 1115301 OFFICE SUPPLIES 0.00 28.22 TOTAL CHECK 0.00 311.20 11111 122495 04/02/13 610 PACIFIC DISPLAY, INC 4819111 -001 VILLAGE LIGHTING 0.00 2,070.00 11111 122495 04/02/13 610 PACIFIC DISPLAY, INC 4819111 -001 VILLAGE LIGHTING 0.00 255.00 TOTAL CHECK 0.00 2,325.00 11111 122496 04/02/13 173 PACIFIC GAS & ELECTRIC 1115301 PARKS /OPEN SPACE 0.00 9.54 11111 122496 04/02/13 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 17.31 11111 122496 04/02/13 173 PACIFIC GAS & ELECTRIC 2735302 GATEWAY SERVICE 0.00 50.87 11111 122496 04/02/13 173 PACIFIC GAS & ELECTRIC 1115201 MONTE VISTA DRIVE 0.00 9.53 TOTAL CHECK 0.00 87.25 11111 122497 04/02/13 180 PACIFIC PRODUCTS & SERVI 4119111 -002 STREETS MATERIALS 0.00 8,777.89 11111 122498 04/02/13 1092 PALACE ART & OFFICE SUPP 1113101 OFFICE SUPPLIES 0.00 37.96 11111 122499 04/02/13 500 PAT COWLES 1113301 MILEAGE -EOC TRAINING 0.00 20.34 11111 122500 04/02/13 693 PREMIER WEST INTERIORS, 6246202 COVER REPLACEMENT 0.00 621.00 11111 122501 04/02/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 110.40 11111 122501 04/02/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 34.50 11111 122501 04/02/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 34.50 11111 122501 04/02/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 178.02 11111 122501 04/02/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 356.04 11111 122501 04/02/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 95.91 11111 122501 04/02/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 95.91 TOTAL CHECK 0.00 905.28 11111 122502 04/02/13 69 SASCC 1118301 Q4 SVC SUPPORT 2012/1 0.00 5,250.00 34 3 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 04/02/2013 CITY OF SARATOGA ACCTPA21 TIME: 10:57:02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130402 00:00:00.000' ACCOUNTING PERIOD: 10/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122502 04/02/13 69 11111 122502 04/02/13 69 TOTAL CHECK 1117102 SW AIRLINES CONF TRAV 11111 122503 04/02/13 149 11111 122504 04/02/13 500 11111 122505 04/02/13 1077 11111 122506 04/02/13 500 11111 122507 04/02/13 308 11111 122507 04/02/13 308 TOTAL CHECK 0.00 162.00 11111 122508 04/02/13 1116 11111 122509 04/02/13 402 11111 122509 04/02/13 402 11111 122509 04/02/13 402 11111 122509 04/02/13 402 11111 122509 04/02/13 402 11111 122509 04/02/13 402 11111 122509 04/02/13 402 11111 122509 04/02/13 402 11111 122509 04/02/13 402 TOTAL CHECK 11111 122510 04/02/13 544 11111 122511 04/02/13 728 11111 122511 04/02/13 728 11111 122511 04/02/13 728 11111 122511 04/02/13 728 11111 122511 04/02/13 728 TOTAL CHECK 11111 122512 04/02/13 447 11111 122512 04/02/13 447 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT SASCC 1118301 SASCC 1118301 SIERRA DISPLAY INC 4819111 -001 SUDIP GHOSAL 111 SUNNYVALE BUILDING MAINT 1115301 TERRIE CREAMER 111 TESTING ENGINEERS 4119122 -001 TESTING ENGINEERS 4319122 -001 UNIVERSAL SITE SERVICES 1115301 VISTA LANDSCAPE & MAINTE 2425302 VISTA LANDSCAPE & MAINTE 1115301 VISTA LANDSCAPE & MAINTE 2535302 VISTA LANDSCAPE & MAINTE 1115301 VISTA LANDSCAPE & MAINTE 1115301 VISTA LANDSCAPE & MAINTE 1115301 VISTA LANDSCAPE & MAINTE 1115301 VISTA LANDSCAPE & MAINTE 1115301 VISTA LANDSCAPE & MAINTE 1115301 ----- DESCRIPTION - - - -- Q4 SUPPLEMENT 2012/13 Q4 ADULT DC 2012/13 PEDESTRIAN LIGHTING REFUND ARB12 -0007 MAR WEEKEND PRK RSTRM REFUND FACILITY TESTING AND INSPECTION TESTING AND INSPECTION WASH TRASH RECEPTACLE MARCH BONNET WAY MAR DWNTWN GARB CANS MARCH LEGENDS LLA MARCH FOOTHILL PARK MARCH HISTORICAL PARK MARCH CIVIC CENTER MARCH PROSPECT CENTER MARCH RAVENWOOD PARK MARCH EL QUITO PARK WHEEL WORKS 6235202 MAINTENANCE VEH #111 YOKE, JIM 1117102 REG - CONFERENCE YOKE, JIM 1117102 SW AIRLINES CONF TRAV YOKE, JIM 1117102 MEAL - CONFERENCE YOKE, JIM 1117102 LODGING - CONFERENCE YOKE, JIM 1117102 TRANSPORTATION - CONF ZEE MEDICAL SERVICE 1115201 STREETS SUPPLIES ZEE MEDICAL SERVICE 1115301 PARKS SUPPLIES 35 SALES TAX AMOUNT 0.00 4,500.00 0.00 5,000.00 0.00 14,750.00 0.00 3,666.63 0.00 1,900.00 0.00 715.00 0.00 500.00 0.00 150.94 0.00 1,358.46 0.00 1,509.40 0.00 640.00 0.00 85.00 0.00 85.00 0.00 165.00 0.00 108.00 0.00 175.00 0.00 755.00 0.00 433.00 0.00 85.00 0.00 162.00 0.00 2,053.00 0.00 340.69 0.00 111.00 0.00 322.80 0.00 31.76 0.00 330.94 0.00 80.00 0.00 876.50 0.00 112.08 0.00 112.07 0.00 224.15 0.00 133,454.63 0.00 133,454.63 0.00 133,454.63 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 04/09/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:52:05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130409 00:00:00.000' ACCOUNTING PERIOD: 10/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122513 04/09/13 35 11111 122513 04/09/13 35 11111 122513 04/09/13 35 11111 122513 04/09/13 35 TOTAL CHECK 0.00 344.14 11111 122514 04/09/13 66 11111 122515 04/09/13 13 11111 122516 04/09/13 1052 11111 122517 04/09/13 90 11111 122518 04/09/13 95 11111 122518 04/09/13 95 TOTAL CHECK 0.00 1,978.84 11111 122519 04/09/13 163 11111 122519 04/09/13 163 TOTAL CHECK 0.00 108.82 11111 122520 04/09/13 176 11111 122521 04/09/13 235 11111 122522 04/09/13 991 11111 122523 04/09/13 924 11111 122524 04/09/13 250 11111 122524 04/09/13 250 11111 122524 04/09/13 250 11111 122524 04/09/13 250 11111 122524 04/09/13 250 11111 122524 04/09/13 250 TOTAL CHECK 11111 122525 04/09/13 500 11111 122526 04/09/13 658 11111 122527 04/09/13 675 11111 122528 04/09/13 419 11111 122529 04/09/13 455 11111 122529 04/09/13 455 TOTAL CHECK 11111 122530 04/09/13 1096 11111 122530 04/09/13 1096 VENDOR - - -- --- - - - - -- BUDGET UNIT ACCENT GRAPHICS 1116101 ACCENT GRAPHICS 1114201 ACCENT GRAPHICS 1113301 ACCENT GRAPHICS 1114101 ADVANCED LISTING SERVICE 1114102 BRYANT, CHRISTOPHER 1116101 CALCPA 1113101 CALSENSE 1115301 CAL -WEST LIGHTING & SIGN 1115301 CAL -WEST LIGHTING & SIGN 2735302 COMMUNICATION ACADEMY 1116101 COMMUNICATION ACADEMY 1116101 CIENEGA LANDSCAPING 1115301 COMCAST 6223201 COMCAST 6223201 COMP SHARED RISK POOL /AB 6128501 COTTON SHIRES AND ASSOCI COTTON SHIRES AND ASSOCI COTTON SHIRES AND ASSOCI COTTON SHIRES AND ASSOCI COTTON SHIRES AND ASSOCI COTTON SHIRES AND ASSOCI 111 111 111 111 4129222 -002 4129222 -002 CROWN CASTLE 111 ENVIROSCIENCE, INC 4139332 -004 ESRI 1114101 EVENT SERVICES 1115301 GARDENLAND POWER EQUIPME 1115301 GARDENLAND POWER EQUIPME 1115301 DESCRIPTION OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES PUBLIC NOTICE SERVICE INSTRUCTOR- GUITAR CALCPA MEMBER DUES LIGHT CIRCUIT SOFTWAR REPAIR OUTAGES REPAIR OUTAGES INSTRUCTOR- DEBATE INSTRUCTOR- DEBATE INSTALL TREE STAKES MNTHLY SRVC 3/26 -4/25 MNTHLY SRVC 3/19 -4/18 Q PREMIUM 4/1- 6/30/13 GE013 -0002 (S5023) GE010 -0013 (S5140) GE012 -0024 (55282) GEO -12 -0019 (S5232) PROJECT E5532 PROJECT E5532 REISSUE CHECK 121611 ABATEMENT JPCC FLOORIN OFFICE SUPPLIES PORTA POTTY - PROSPECT 5- GALLON GAS CANS POLE PRUNER SERVICE GRADETECH INC. 431 RETENTION HELD #114 GRADETECH INC. 411 RETENTION HELD #114 36 SALES TAX AMOUNT 0.00 72.73 0.00 36.37 0.00 36.37 0.00 72.71 0.00 218.18 0.00 1,025.00 0.00 396.60 0.00 329.00 0.00 63.62 0.00 1,767.29 0.00 344.14 0.00 2,111.43 0.00 187.50 0.00 296.25 0.00 483.75 0.00 110.00 0.00 112.55 0.00 34.72 0.00 39,038.35 0.00 1,513.27 0.00 371.25 0.00 783.75 0.00 453.75 0.00 5.66 0.00 1,978.84 0.00 5,106.52 0.00 262.00 0.00 13,825.00 0.00 675.27 0.00 304.15 0.00 108.82 0.00 242.27 0.00 351.09 0.00 - 6,935.96 0.00 - 770.66 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 04/09/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:52:05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130409 00:00:00.000' ACCOUNTING PERIOD: 10/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122530 04/09/13 1096 11111 122530 04/09/13 1096 11111 122530 04/09/13 1096 11111 122530 04/09/13 1096 TOTAL CHECK -001 AUTHORIZED CONTINGENCY 11111 122531 04/09/13 463 11111 122532 04/09/13 1078 11111 122533 04/09/13 567 11111 122534 04/09/13 500 11111 122534 04/09/13 500 11111 122534 04/09/13 500 TOTAL CHECK 0.00 ISP SRVC 3/16- 4/15/13 11111 122535 04/09/13 996 11111 122536 04/09/13 83 11111 122536 04/09/13 83 11111 122536 04/09/13 83 11111 122536 04/09/13 83 11111 122536 04/09/13 83 11111 122536 04/09/13 83 TOTAL CHECK INSTRUCTOR -ART 11111 122537 04/09/13 89 11111 122537 04/09/13 89 TOTAL CHECK 11111 122538 04/09/13 135 11111 122539 04/09/13 145 11111 122539 04/09/13 145 11111 122539 04/09/13 145 TOTAL CHECK 11111 122540 04/09/13 540 11111 122541 04/09/13 610 11111 122542 04/09/13 173 11111 122542 04/09/13 173 TOTAL CHECK 11111 122543 04/09/13 180 11111 122544 04/09/13 1092 11111 122544 04/09/13 1092 11111 122544 04/09/13 1092 TOTAL CHECK - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ----- DESCRIPTION - - - - -- GRADETECH INC. 4119122 -001 CONTRACT AWARD HWY 9 S GRADETECH INC. 4319122 -001 CONTRACT AWARD HWY 9 S GRADETECH INC. 4119122 -001 AUTHORIZED CONTINGENCY GRADETECH INC. 4319122 -001 AUTHORIZED CONTINGENCY GRAINGER 1115301 0.00 HOSE CLAMP JUST LEAKS, INC. 6246202 0.00 WALL REPAIR FOR LEAKS KANEN TOURS 1116101 0.00 EXCURSION 4/10/13 MARGARET CHURCH 1117102 0.00 EMERG PREP SUPPLIES MARGARET CHURCH 1117102 0.00 EMERG PREP SUPPLIES MARGARET CHURCH 1117102 0.00 EMERG PREP SUPPLIES MEGAPATH 6223201 0.00 ISP SRVC 3/16- 4/15/13 MUSICAL ME, INC 1116101 0.00 INSTRUCTOR -MUSIC MUSICAL ME, INC 1116101 0.00 INSTRUCTOR -MUSIC MUSICAL ME, INC 1116101 0.00 INSTRUCTOR -MUSIC MUSICAL ME, INC 1116101 0.00 INSTRUCTOR -MUSIC MUSICAL ME, INC 1116101 0.00 INSTRUCTOR -MUSIC MUSICAL ME, INC 1116101 0.00 INSTRUCTOR -MUSIC MY FIRST ART CLASS 1116101 0.00 INSTRUCTOR -ART MY FIRST ART CLASS 1116101 INSTRUCTOR -ART NORTH BAY BLDG MAINTENAN 6246202 OFFICE DEPOT INC. 1111201 OFFICE DEPOT INC. 1114101 OFFICE DEPOT INC. 1114101 ORCHARD SUPPLY 6246202 PACIFIC DISPLAY, INC 4819111 -001 PACIFIC GAS & ELECTRIC 6235202 PACIFIC GAS & ELECTRIC 6246202 PACIFIC PRODUCTS & SERVI 4119111 -002 PALACE ART & OFFICE SUPP 6213102 PALACE ART & OFFICE SUPP 1112101 PALACE ART & OFFICE SUPP 1111201 37 JANITORIAL SERVICES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES FACILITIES SUPPLIES PEDESTRIAN LIGHTING NATURAL GAS VEHICLE BUILDINGS STREETS SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES COM RECOGNITION SALES TAX AMOUNT 0.00 13,928.01 0.00 125,352.07 0.00 1,485.23 0.00 13,367.09 0.00 146,425.78 0.00 164.05 0.00 1,263.83 0.00 3,037.50 0.00 65.91 0.00 130.19 0.00 26.03 0.00 222.13 0.00 739.96 0.00 202.65 0.00 289.50 0.00 220.50 0.00 239.40 0.00 119.70 0.00 180.90 0.00 1,252.65 0.00 179.85 0.00 299.75 0.00 479.60 0.00 285.00 0.00 22.94 0.00 32.58 0.00 106.40 0.00 161.92 0.00 112.01 0.00 720.00 0.00 68.52 0.00 142.27 0.00 210.79 0.00 204.37 0.00 593.62 0.00 26.00 0.00 27.98 0.00 647.60 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 04/09/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:52:05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130409 00:00:00.000' ACCOUNTING PERIOD: 10/13 3 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 122545 04/09/13 1113 PHILLIP A MURRAY CONSTRU 4339314 -004 ADA COUNTERS PROJECT 0.00 19,890.00 11111 122546 04/09/13 561 RBF CONSULTING 4349451 -001 BAL OF INV 12090126A 0.00 341.95 11111 122546 04/09/13 561 RBF CONSULTING 4349451 -001 CONTRACTOR UPDATING SA 0.00 9,986.00 TOTAL CHECK 0.00 10,327.95 11111 122547 04/09/13 87 SAN JOSE WATER COMPANY 6246202 BUILDINGS 0.00 993.04 11111 122547 04/09/13 87 SAN JOSE WATER COMPANY 1115301 PARKS /OPEN SPACE 0.00 2,623.09 11111 122547 04/09/13 87 SAN JOSE WATER COMPANY 2765302 TOLLGATE 0.00 30.24 11111 122547 04/09/13 87 SAN JOSE WATER COMPANY 1115301 MEDIANS /PARKWAYS 0.00 773.13 TOTAL CHECK 0.00 4,419.50 11111 122548 04/09/13 1 SANTA CLARA COUNTY ASSES 1114101 PROJ 2111 FILING FEES 0.00 80.00 11111 122549 04/09/13 147 SHIMODA MICHIKO 1116101 INSTRUCTOR - IKEBANA 0.00 111.00 11111 122549 04/09/13 147 SHIMODA MICHIKO 1116101 INSTRUCTOR - IKEBANA 0.00 111.00 TOTAL CHECK 0.00 222.00 11111 122550 04/09/13 160 SIERRA PACIFIC TURF SUPP 1115301 LANDSCAPE SUPPLIES 0.00 370.42 11111 122551 04/09/13 236 SOLECTRIC ELECTRICAL 1115301 ELECTRIC SRVC RPR 0.00 1,930.00 11111 122551 04/09/13 236 SOLECTRIC ELECTRICAL 1115301 DAMAGED LIGHTS QUITO 0.00 793.02 TOTAL CHECK 0.00 2,723.02 11111 122552 04/09/13 587 STATE BOARD OF EQUALIZAT 1114101 DEVELOPMENT REVIEW 0.00 1,500.00 11111 122553 04/09/13 826 STEFAN BAUMANN 1116101 INSTRUCTOR- PAINTING 0.00 1,141.88 11111 122554 04/09/13 253 STEVE BENZING ARCHITECT 4139322 -001 DESIGN CONCESSION AREA 0.00 825.00 11111 122554 04/09/13 253 STEVE BENZING ARCHITECT 4339314 -004 DESIGN ADA COUNTERS 0.00 375.00 TOTAL CHECK 0.00 1,200.00 11111 122555 04/09/13 343 TMT ENTERPRISES INC 1115301 PARKS SUPPLIES 0.00 130.35 11111 122556 04/09/13 402 VISTA LANDSCAPE & MAINTE 2425302 FEB BONNET WAY 0.00 85.00 11111 122556 04/09/13 402 VISTA LANDSCAPE & MAINTE 1115301 FEB DWNTWN GARB CANS 0.00 85.00 11111 122556 04/09/13 402 VISTA LANDSCAPE & MAINTE 2535302 FEB LEGENDS LLA 0.00 165.00 11111 122556 04/09/13 402 VISTA LANDSCAPE & MAINTE 4139351 -001 POLE LIGHT EDGING 0.00 490.37 11111 122556 04/09/13 402 VISTA LANDSCAPE & MAINTE 1115301 FEB FOOTHILL PARK 0.00 108.00 11111 122556 04/09/13 402 VISTA LANDSCAPE & MAINTE 1115301 FEB HISTORICAL PARK 0.00 175.00 11111 122556 04/09/13 402 VISTA LANDSCAPE & MAINTE 1115301 FEB CIVIC CENTER 0.00 755.00 11111 122556 04/09/13 402 VISTA LANDSCAPE & MAINTE 1115301 FEB PROSPECT CENTER 0.00 433.00 11111 122556 04/09/13 402 VISTA LANDSCAPE & MAINTE 1115301 FEB RAVENWOOD PARK 0.00 85.00 11111 122556 04/09/13 402 VISTA LANDSCAPE & MAINTE 1115301 FEB EL QUITO PARK 0.00 162.00 TOTAL CHECK 0.00 2,543.37 11111 122557 04/09/13 901 WAXIE SANITARY SUPPLY 6246202 JANITORIAL SUPPLIES 0.00 27.54 11111 122558 04/09/13 440 WESTERN TRUCK FABRICATIO 6235202 MAINTENANCE VEH #110 0.00 220.00 11111 122559 04/09/13 439 XEROX CORPORATION 6213102 SIN: RYU427159 MAINTEN 0.00 17.98 38 3 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 04/09/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:52:05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130409 00:00:00.000' ACCOUNTING PERIOD: 10/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 122560 04/09/13 1127 YANG YANG LYON 1116101 INSTRUCTOR -DANCE 0.00 546.75 11111 122560 04/09/13 1127 YANG YANG LYON 1116101 INSTRUCTOR -DANCE 0.00 600.00 TOTAL CHECK 0.00 1,146.75 TOTAL CASH ACCOUNT 0.00 266,335.18 TOTAL FUND 0.00 266,335.18 TOTAL REPORT 0.00 266,335.18 39 4 u � SARATOGA CITY COUNCIL RL ?FVx1�`� MEETING DATE: April 17, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Amendment to Agreement for Countywide Household Hazardous Waste Collection Program RECOMMENDED ACTION: Authorize the City Manager to sign the first amendment to the agreement for Countywide Household Hazardous Waste (HHW) Collection Program with a $47,049.43 augmentation from City funds for Fiscal Year 2013/14. BACKGROUND: Enacted in 1989, Assembly Bill (AB) 939 requires local governments to prepare, adopt, implement, and maintain plans to reduce waste disposal in landfills. The law requires that integrated waste management plans include provisions for the proper disposal of household hazardous waste (HHW). This includes materials such as pesticides, paints, pool cleaning chemicals, fluorescent lamps, and other materials that are prohibited from being disposed of in landfills. Since 1992, all cities in the County, except the City of Palo Alto, have contracted with Santa Clara County for HHW services required by State law. In addition to requiring that cities provide for proper disposal of household hazardous waste, AB 939 also allows jurisdictions to impose fees collected at landfills to pay for the costs associated with preparing, adopting, and implementing integrated waste management plans. Since 1992, all Santa Clara County cities have contracted with the County to collect and distribute the AB 939 fee — collected at landfills, non - disposal facilities, and transfer stations in Santa Clara County — on each ton of waste brought to the facilities. A portion of the AB 939 Fee pays for the countywide HHW Collection Program. The portion of the AB 939 fee set aside for HHW collection is paid directly to the County and is intended to provide HHW collection services for a minimum of 4% of households from each of the jurisdictions in the County. Page 1 of 2 .N Cities may elect to pay for the added cost of use, if more than 4% of their population uses the HHW Collection Program. Cities may use their portion of the AB 939 fee or other sources to pay for augmented household hazardous collection services. Because HHW services by Saratoga residents usually far exceeds the amount of use covered by the portion of the AB 939 fee dedicated to the HHW Collection Program, the City has traditionally augmented the HHW Collection Program with City funds to pay for use of HHW services above the 4% service level. Since Fiscal Year 2008/09, the City has paid between $27,824 and $50,000 to augment HHW services above the 4% baseline. In May 2012, the City Council authorized the City Manager to sign an agreement with Santa Clara County for HHW services with an augmentation of $50,000 for Fiscal Year 2012/13. The recommended augmentation for Fiscal Year 2013/14 is $47,049.43. An amended agreement to establish the augmentation of $47,049.43 for Fiscal year 2013/14 is required. FISCAL IMPACTS: The HHW augmentation will be adjusted to $47,049.43 for Fiscal Year 2013/14. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The amended agreement will not be approved. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program Attachment B: Agreement for Countywide Household Hazardous Waste Collection Program Page 2 of 2 41 FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM The Agreement for Countywide Household Hazardous Waste Collection Program (AGREEMENT) by and between the City of Saratoga (CITY) and the County of Santa Clara (COUNTY) previously entered into on July 1, 2012, is 'hereby amended as set forth below. The COUNTY and the CITY agree that: I! ri Section 18. ADDITIONAL. SERVICES UNDER THIS AGREEMENT is amended in full to read: 18. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Department of Agriculture and Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per car rate), door -to -door HHW collection, universal waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $ to the Countywide HHW Program during Fiscal Year 2914 for the purpose of increased resident participation above the 4% service level at the scheduled collection dates listed in Attachment C. Augmentation will be calculated at the Variable Cost per Car rate which is $62.00 per car. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY'S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to pay for the above agreed additional augmentation amount. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 39th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 39 days following delivery of the annual cost statement. 42 2. Attachment C to the AGREEMENT is replaced in full by the Exhibit C "HHW Schedule For Collection Events for Fiscal Year 2013/2014" attached hereto and incorporated herein by this reference. Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below: COUNTY OF SANTA CLARA Signature: L' = 'V\4) Amy Brown Director of Department of Agriculture and Environmental Management Date: I ( 3 / 1 ) APPROVED AS TO FORM AND LEGALITY Mark Bernal Deputy County Counsel Date: Z— z 13 43 OF Signature: Name:, Title: Date: APPROVED BY THE OFFICE OF THE COUNTY E ECUTIVE 1 y alleg s De Execu ve Date:- EXHIBIT C HHW SCHEDULE FOR COLLECTION EVENTS FISCAL YEAR 201312014 2013/Month Day bate Location Type of Event County Holidaysl Notes July Saturday 6 No Event No Event FOURTH OF JULY Thurs,Fri,Sat 11 '12,13 San Jose Permanent Thurs,Fri,Sat 18,19,20 San Jose Permanent - - -- Saturday 20 Sunnyvale Permanent Thurs,Fri,Sat 25,26,27 San Jose Permanent T Saturday 27 Santa Clara Temporary T ✓ August Fri,Sat 2,3 San Martin Permanent Thurs,Fri,Sat 1,2,3 San Jose Permanent Thurs,Fri,Sat 8,9,10 San Jose Permanent Thurs,Fri,Sat 1.5,16,17_ San Jose Permanent Saturday 17 Sunnyvale Permanent Thurs,Fri,Sat 22,23,24 San Jose Permanent Thurs,Fri 29,30 San Jose Permanent Saturday 31 No Event No Event LABOR DAY WEEKEND September Fri,Sat 6,7 San Martin Permanent Thurs,Fri,Sat 5,6,7 San Jose Permanent Thurs,Fri,Sat 12,13,14 San Jose Permanent Thurs,Fri,Sat 19,20,21 San Jose Permanent Saturday 21 Sunnyvale Permanent Thurs,Fri,Sat 26 27 28 San Jose Permanent Saturday 28 Santa Clara Temporary October Fri,Sat 4,5 San Martin Permanent Thurs,Fri,Sat 3,4,5 Sari Jose Permanent Thurs,Fri,Sat 10,11,12 San Jose Permanent Thurs,Fri,Sat 17,18,19 San Jose Permanent Saturday 19 Sunnyvale Permanent Thurs,Fri,Sat 24,25,26 San Jose Permanent November Fri,Sat 1,2 San Martin Permanent Thurs,Fri,Sat 31,1,2 Sari Jose Permanent Thurs,Fri,Sat 7,8,9 San Jose Permanent Thurs,Fri,Sat 14,15,16 San Jose Permanent Saturday 1£ Sunnyvale Permanent Thurs,Fri,Sat 21,22,23 San Jose Permanent Saturday 30 No Event No Event THANKSGIVING December Fri,Sat 6,7 San Martin Permanent Thurs,Fri,Sat 5,6,7 San Jose Permanent Thurs,Fri,Sat 12,13,14 San Jose Permanent Thurs,Fri,Sat 19,20,21 San Jose Permanent Saturday 28 No Event No Event CHRISTMAS 2014JJan Fri,Sat 3,4 San Martin Permanent Thurs,Fri,Sat 2,3,4 San Jose Permanent Thurs,Fri,Sat 9,10,11 San Jose Permanent Thurs,Fri,Sat 16,17,18 San Jose Permanent Saturday 18 Sunnyvale Permanent Thurs,Fri,Sat 23,24,25 San Jose Permanent .. HHW SCHEDULE FOR FISCAL YEAR 201312014- continued 20141Month Day Date Location Type of Event County Holidays/ Notes February Fri,Sat 31.1 San Martin Permanent Thurs,Fri,Sat 30,31,1 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Saturday 15 Sunnyvale Permanent Thurs,Fri,Sat 2031,22 San Jose Permanent March Fri,Sat 28,1 San Martin Permanent Thurs,Fri,Sat 27,28,1 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Saturday 15 Sunnyvale Permanent Thurs,Fri,Sat 20,21,22 San Jose Permanent Thurs,Fri,Sat 27,28,29 San Jose Permanent April Fri,Sat 4,5 San Martin Permanent Thurs,Fri,Sat 3,4,5 San Jose Permanent Thurs,Fri,Sat 10,11,12 San Jose Permanent Saturday 12 Los Altos Temporary Thurs,Fri,Sat 17,18,19 San Jose Permanent Saturday 19 Sunnyvale Permanent Thurs,Fri,Sat 24,25,26 San Jose Permanent Saturday 26 Santa Clara Temporary May Fri,Sat 2,3 San Martin Permanent Thurs,Fri,Sat 1,2,3 San Jose Permanent Thurs,Fri,Sat 8,9,10 San Jose Permanent Thurs,Fri,Sat 15,16,17 San Jose Permanent Saturday 17 Sunnyvale Permanent Saturday 24 No Event No Event MEMORIAL DAY WEEKEND Thurs,Fri,Sat 29,30,31 San Jose Permanent June Fri,Sat 6,7 San Martin Permanent Thurs,Fri,Sat 12,13,14 San Jose Permanent Thurs,Fri,Sat 19,20,21 San Jose Permanent Saturday 21 Sunnyvale Permanent Thurs,Fri,Sat 26,27,28 San Jose Permanent Saturday 28 Milpitas Temporary *SUBJECT TO CHANGE 45 Sania Clara Counly Hazardous Waste Recycling 9 Disposal Program HHW Recornmended Augmentation FY 21314 Cities No of Households 4% of Households Disposal tonnage AB939HHWFee — $2.60 per ton Fixed Cost $2.14 per HH SJ Facility $11.50 use su Variable Cost $62 er car Discretionary Furwil Recommended Augmentation Anticipated Partin parlofk Anticipated Particiation at SJ Facility Campbell 16,968 678,72 29j57.52 S 75,809-55 S 36.311.52 S 4.356.92 $ 42,080-64 (6.939.53) $ 22,828.89 935 379 Cupertino 21,041 1341.64 32.596.23 $ 84,750-20 $ - $ - S - 84.750.20 $ - 0 0 GilrGy 14,924 598.96 40,344.64 $ 104,896.06 $ 31,937.36 $ 197.98 $ 37.011.52 35,749,20 S 6.884A8 708 17 Los Alias 11,204 448.16 18,829.99 3 48,957-97 $ 2S.976 66 $ 2.548.44 $ 27,785.92 (5,352.95) S 78,999.03 1.636 222 LosAftos Hills 3,0021 120.08 1.093.37 S 4,922.76 $ 6,424.28 $ 681.65 S 7.444.96_ (9.628.13) S 23.697.17 347 55 Los Gatos 13.067 522.68 19,303.61 $ 50,189.39 S 27,963 38 S 5.430,58 $ 32.406.16 (15,610.73) S 53,76057 1,138 472 Milpitas 19.8810 795.20 54.553.04 $ 141,837.90 S 42,54320 $ 2,502J4 $ 49,302.40 47.489.56 $ - 791 218 Monle Sereno 1,267 51.48 920.80 $ 2,39,1.013 $ 2,754-18 $ 644.00 $ 3,191.76 (4,195.86) $ 9,932.10 144 56 MoSan Hill 12,915 516.60 37,347.48 S 97,103.45 $ 27,638-10 $ 07.69 $ 32.029.20 37,018.46 S 41,192.80 1.181 36 Mountain View 33,945 1,357,80 55,439.94 $ 144,143.84 $ 72,642-30 $ 2,300.00 S 64,18160 (14.982-06) 16 34,648.46 1.675 200 Palo Alto 28,2571 0.00 41,300.37 $ 107.38196 S - S - $ 107,380.96 $ - 0 0 Son Jose 315,123 12.644.92 593,400.87 $ 1.542.042.26 S 676,503-22 $ 129,713.68 $ 783,985.04 (47,359.67) $ 262.411 .63 16.114 11,279 Santa Clara 45.503 1,820.12 116,667.39 $ 303.335.21 $ 97.376.42 $ 3.826.81 $ 112,847.44 89.284.55 $ 123,310.66 3,809 333 Saratoga 11.146 445.84 15,047.31 S 39,123.01 $ 23,852.44 $ 3,358.00 $ 27,642.08 (15,729.51) S 47,049.43 951 292 Sunnyval!e 55.807 2,232.28 89.583.23 $ 232,916-40 S 119,426.98 S 759.57 S 138,40136 (25,671.51) $ 207.190,15 5.160 66 Unincorpocaled 18.538 741,52 25,539.00 $ 66,389.07 $ 39,671.32 $ 13,651.97 $ 45.974,24 (32.908.46 $ 95,930.22 1,758 1,187 Total 623.607 1 23,814.00 1.171,92439 $ 3.046,992.12 $ 1.229.021.26 $ 170,390.02 $ 1,424,286.32 $ 1,007,835.49 36,347 14,817 M. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM City of This Agreement is made by and between the Saratoga (CITY) and the County of Santa Clara (COUNTY) on the day of ''les 2012. RECITALS WHEREAS, .the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the County and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regardless of the specific location at which the collection has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their household hazardous waste (HHW) in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and economical means for residents to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste. Residents of the CITY listed above will be eligible to bring HHW to any household hazardous waste collection event or facility where these wastes will be accepted for proper disposal as described below; and WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2013 through FY 2015 (July 1, 2012 — June 30, 2015); and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide AB939 Household Hazardous Waste Fee (AB93.9 HHW Fee), as authorized by Public Resources Code 41901, to be collected at $2.60 in FY 2013 through FY 2015 on each ton of waste landfilled or incinerated within the county, received at any non - disposal or collection facility located within the county and subsequently transported for disposal or incineration outside of the county, collected from any location within the county by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or AGREEMENT FOR COUNITYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 47 DT.TT,TCATS ORIGINAL incineration outside of the county, or removed from any location in the county by any person or business for disposal or incineration outside the county. NOW, THEREFORE, CITY and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into an AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under A13939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939 HHW Fee, of $2.60 per ton, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. Funds derived from the AB939 HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, "Population Estimates for California Cities and Counties." B. San Jose Facility Use Surcharge will be apportioned based on CITY's anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. C. Variable Cost Per Car provides a base level service of 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, "Population Estimates for California Cities and Counties." D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. The projected AB939 HHW Implementation Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 48 3. FIXED PROGRAM COST Fixed Program Costs shall be $2.08 per household in Fiscal Year 2013 and $2.14 per household for Fiscal Years 2014 and 2015. Estimated HEW Fixed Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs may include, but are not limited to ten (10) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes. 4. ABANDONED WASTE DISPOSAL COST The existing unexpended non - profit abandoned waste fund balance of approximately $76,000 will fund disposal of HH W illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or ,a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale-,of those donated goods or materials. 5. SAN JOSE FACILITY USE SURCHARGE The San Jose Facility Use Surcharge will be $9.75 per car for FY 2013, and $11.50 per car FY 2014 and FY 2015. The total San Jose Facility Use Surcharge for CITY will be based on CITY's participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. Estimated San Jose Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. 6. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $59 per car for Fiscal Year 2013 and $62 per car for Fiscal Years 2014 and 2015. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San Jose Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in a particular jurisdiction, the CoH.HW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 4% participation levels,.to increase public outreach and/or provide additional services in that jurisdiction the following year. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM I• 7. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HH.W Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility Use Surcharge, and Variable Per Car Costs. Available Discretionary Funds will be paid as directed by each jurisdiction. Available: Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e- waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate 1414W drop -off and collection events, or providing special programs such as door -to -door collection of HHW.for the elderly and /or persons with disabilities and neighborhood clean -up events. 8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The Santa Clara County Integrated Waste Management Program (IWMP) will administer the AB939 HHW Fee, as part of the existing landfill billing system. Administration and payment will be made in accordance with the AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing. 9. PROGRAM PUBLICITY The CoHHW Program shall have available to the public a HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events, community fairs. The brochure may also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities: • Serving as the formal contact to the local media such as local newspapers and television news stations; • Providing participating jurisdictions with educational materials developed for the CoHHW Program; • Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 50 Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY's public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities: • Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing communications to residents for local and city newsletters, newspapers and to the electronic media; • Providing the Col4HW Program with a copy of locally produced materials; and,' • Conducting and supporting outreach and publicity to attain the 4% goal of household participation. 10. DELEGATION OF AUTHORITY The Board of Supervisors delegates all CoHHW Program management to the Department of Agriculture and Environmental Management. The Director of the Department of Agriculture and Environmental Management has the authority to execute all vendor contracts necessary to operate the program, to execute any necessary license agreements, to add additional HHW services provided on a cost recovery basis, to amend any contracts or agreements, and to terminate any contracts or agreements. All contracts, agreements, and amendments shall first be approved by County Counsel as to form and legality and the Office of the County Executive. 11. TEMPORARY HHW EVENTS COUNTY shall conduct HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. 12. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shal l conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF). A third facility is planned and should become operational in January 2013. . The CoHHWCFs are located at: ♦ Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale ♦ San Martin, 13055 Murphy Avenue, San Martin e San Jose, 1608 Las Plumas, San Jose (future site, January, 2013) AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 51 The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. 13. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators ( CESQG). A CESQG is defined by federal regulation as a business that generates less than 100 Kilograms (220 lbs.) of hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month. Eligible businesses within the County will be allowed to bring their hazardous waste to CoHHWCF. This program will not be subsidized by participating jurisdictions. Services to businesses will be provided on a cost recovery basis, which will include program administration, on -site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating businesses. 14. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course 'of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for CESQGs. 15. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization as established in Public Resources Code Section 41904, is a nonprofit as defined in Section 501(c) (3) of the United States Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more than 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the COUNTY Director of Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come .first serve basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM '6 61% CESQGs. No additional costs shall be applied to the budget of a participating jurisdiction. 16. HOUSEHOLD HAZARDOUS WASTES ACCEPTED. HHW accepted by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 25218, as amended from time to time, and include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, e -waste and other common hazardous consumer products. 17. WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 13 of this Agreement shall be accepted. 18. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Department of Agriculture and Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per car rate), door -to- door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $50, 0 0 0 to the Countywide HHW Program during Fiscal Year 2013 for the purpose of attaining or increasing resident participation above the 4% service level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated at the Variable Cost Per. Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY'S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to pay for the above agreed additional augmentation amount. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 53 19. INFORMATION AND APPOINTMENT LINE COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding. 20. SCHEDULING AND SITE SELECTION COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2013 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service in each participating jurisdiction. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 21. OUTSIDE FUNDING During the term of this agreement, COUNTY will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, retail take -back collection and operational funding. If funding is obtained, the Program will, at COUNTY's discretion, proceed with development of additional programs without affecting CITY's available funding allocation. 22. ELECTRONIC WASTE COLLECTION The CoHHW Program will accept electronic waste (e- waste) from residents and businesses throughout the county. A contractor has been selected to perform services and shall reimburse the County pursuant to the Electronic Waste Recycling Act of 2003 (California State Senate Bill 20) and the Electronic Waste Recycling Act Amendments of 2004 (California State Senate Bill 50), contractor shall remit to COUNTY, recycling and disposal reimbursements for the electronic equipment designated under this Act that are collected by contractor on behalf of the COUNTY. Any and all revenues generated by this service will be applied to lowering the Variable Cost Per Car for all cities and COUNTY. 23. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants and the Oil Payment Program, from the California Department of Resources Recycling and Recovery (CalRecycle). The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 54 cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply. 24. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY's responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY's written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control and will handle wastes in accordance with State law. COUNTY will bill CITY for all emergency events on a cost recovery basis and all payments shall be due COUNTY within thirty days following the receipt of the invoice. 25. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 29 of this Agreement. Summary information concerning these corporate sponsored events will be included in the CoHHW Program's annual report to the participating jurisdictions. 26. INSURANCE REQUIREMENTS Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit B -2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6101 27. WASTE TRACKING AND REPORTING COUNTY will provide amid -year report to CITY regarding participation rates from each participating jurisdiction by March 15, 2013. Mid -year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services. COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY's fiscal year. It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. COUNTY shall take steps to assure that the bi- annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter. 28. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 29. HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the, transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for ` AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10 61101 transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 26 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non - county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 30. TERMINATION This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party. 31. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2012 to June 30, 2015, or until all revenue from the last quarter's Fee payments has been distributed, whichever is later. 32. EXTENSION OF TERM This Agreement may be extended for succeeding three -year term if COUNTY and participating jurisdictions so agree in writing. H H AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11 57 33. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 34. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument. 35. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designates. 37. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: CITY of Saratoga City Representative Representative's Title City Address City Cierk 13777 Fruitvale Ave Saratoga, CA 95070 Santa Clara County Director Department of Agriculture and Environmental Management 1553 Berger Drive San Jose, CA 95112 // AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12 611-01 Attachments: A Projected Fiscal Years 2013, 2014, and 2015 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for Fiscal Years 2013, 2014, and 2015 C HHW Schedule of Collection Events for Fiscal Year 2013 D Household Hazardous Waste Emergency Collection Plan E Exhibit B- 213 (revised) Insurance Requirements for Environmental Services Contracts IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: ATTEST: `cCOUNTY'r GeorgCShirakawa, President Board of Supervisors Date- MAY 2 P ml L RJG�AA NZ Interim Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY: Mark Bernal Deputy County Counsel "CITY" CITY/TOWN OF A municipal corporation By: , Title: Date: t~— 7 — "l Z--- AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13 59 Attachment A Projected AB 939 HHW Fee Funding Allocation by Jurisdiction FY 2013 .1 FE.UmWO Anticipated No of 4% of Disposal AB939 HHW Fee Fixed Cost $2.08 SJ Facillty $9 75, Variable Cost Discretionary Anticipated Particiation at Cities Households Households Lonna a $2.60 er ton er HH �use';surchar e '� $59 er car Fund iS tlon Participation SJ Facility Campbell 16,968 678.72 27,014.44 $ 70,237.55 $ 35,293.44 $M,�",3,16' 93 �91 $ 40,044.48 (8,794.28) X23' °9,14.80 935 379 Cupertino 21,041 841.64 28,343.36 $ 73,692.74 $ 43,765 28 =$„ X2,108 69;' $ 49,656.76 21.837 99 ,1.,48,4.2 3, 1,517 216 Gilroy 14,924 596.96 36,238.87 $ 94,221.05 $ 31,041.92 $ �, T167,85 $ 35,220.64 27 790,64 8554,.38 708 17 Los Altos 11,204 448.16 12,962.61 $ 33,702.79 $ 23,304.32 $ , „ € 2,1.84 $ 26,441.44 18,203.60 88 288.16 1,636 222 Los Altos Hills 3,002 120.08 2,583.69 $ 6,717.59 $ 6,244.16 $� '57,,7,.'92, $ 7,084.72 7 169 21-20 57,749 347 59 Los Gatos 13,067 522.68 18,385.81 $ 47,803.11 $ 27,179.36 $ ," 1604.19 $ 30,838.12 14,818.55 $ 511122-435 1,138 472 Milpitas 19,880 795.20 49 472.22 $ 128,627.78 $ 41 350.40 $ ' 2,121.89 $ 46 916.80 38 238.69` 791 218 Monte Sereno 1,287 51.48 888.47 $ 2,310.02 $ 2,676.96 $ ' ; -546:00 $ 3,037.32 3,950.26 = ', �;9'408t94 144 56 «, Morgan Hill 12,915 516.60 36,247.70 $ 94,244.03 $ 26,863.20 i$ X354.12' $ 30,479.40 36,547.30 $ 39;1;99,60 1,181 36 Mountain View 33,945 1,357.80 47,6W69 $ 123,915.20 $ 70,605 60 =$ 1;950.00, $ 80,110.20 28,750.60) 1,675 200 Palo Alto 28,257 0.00 37,789.66 $ 98,253.12 $ $_ . . „ �' 98,253.12 „x „, 1 01 0 San Jose 316,123 12,644.92 529 655.47 $ 1,377,104.23 $ 657,535.84 '$ 101,515.05 $ 746 050.28 127 996.94 259 5,12.66' 14 874 10 412 Santa Clara 45,503 1,820.12 98,685.20 $ 256,561.53 $ 94,646.24 ;$ .€ .E3244 4T $ 107,387.08 51,303.74 117343,92 3 809 333 Saratoga 11,146 445.84 14,954.18 $ 38,880.86 $ 23,183.68 $ ,2;84700, $ 26,304.56 13,45438 431268.82" +t 951 292 r 6 Sunnyvale 55,807 2,232.28 83,323.48 $ 216,641.04 $ 116,078 56 .$ €,643.98 $ 131,704.52 31 786.02 I . 2045'2 50 5.160 66 Unincorporated 27,946 1,117.84 29,375.31 $ 76 375.80 $ 58 127 68 $ 1,1;574 50; $ 65,952.56 59 278.93 97 0, 37 1 758 1 187 Total 633 015 24 190.32 1 053 580.17 2.739, .4 1 257 $ 138;1 "10x2 $ 1,427,228.88 83.927 28 �$ 08989�,89a 36,624 14,165 .1 Attachment A Projected AB 939 HHW Fee Funding Allocation by Jurisdiction FY 2014 and FY 2015 61 Anticipated No of 4% of Disposal AB939 HHW Fee Fixed Cost $2.14 SJ Facility $11.50 Variable Cost Discretionary Estmated °� Anticipated Particiation at Cities Households Households tonnage $2.60 er ton per HH use surcharge $62 per car Fund Rugme to a i'o . {' Participation SJ Facili Campbell 16,968, 678.72 27,014.44 $ 70,237.55 $ 36,311.52 $ 4,356.92 $ 42 080.64 12.511.53 $ 28 40U.89 935 379 ,. Cupertino 21,041 841.64 28,343.36 $ 73,692.74 $ 45,027.74 $ 2,4.87_ .17 $ 52,181.68 6.003 86 ,$, 67 _876. 18 1,517 216 Gilroy 14,924 596.98 36,238.87 $ 94,221.05 $ 31,937.36 $ 1'97.98 $ 37,011.52 25,07419 $';� 668'448' 708 17 A Los Altos 11,204 448.16 12,962.61 $ 33,702.79 $ 23,976.56 $ 2,548.44 $ 27,785.92 (20.60813 ) 94;254.21G 1,636 222 Los Altos Hills 3,002 120.08 2,583.69 $ 6,717,59 $ 61424.28 $ 681.65 $ 7 ,444.96 7 833 30 ,$ 2,19022.34 347 59 Los Gatos 13,067 522.68 18,385.81 $ 47,803.11 $ 27,963.38 $ 5,430.56 $ 32 406.16 (17.997 01 ) 85 1,138 472 Milpitas 19,8801 795.20 49,472.22 $ 128,627.78 $ 42 543.20 $ 2502.74 $ 49 302.40 34279.44 , $ 791 218 MonteSereno 1,287 51.48 888.47 $ 2,310.02 $ 2,754.18 $ 644.00 $ 3,191.76 4,27992 ,$ 1,O Rig, 16 144 56 pn t,_ Morgan Hill 12,915 516.60 36,247.70 $ 94,244.03 $ 27,638.10 $ 417.69 $ 32,029.20 34,159 04 $ 41 19280 1,181 36 Mountain View 33,945 1,357.80 47,659.69 $ 123,915.20 $ 72,642.30 $ 2,300.00 $ 84,183.60 35,210 70 ,$� >54,877 10, 1,675 200 �� �'�` Palo Alto 28,257 0.00 37,789.66 $ 98,253.12 $ $ $ 98,253 12 <$, - oq 0 0 San Jose 316,123 12,644.92 529,655.47 $ 1,377,104.23 $ 676 503.22 $ 129,713.68 $ 783,985.04 (213,097.71), , $ a 428,149:57 16 114 11,279 '123 Santa Clara 45,503H 1,820.12 98,685.20 $ 256 581.53 $ 97 376.42 $ 3,826.81 $ 112 847.44 42,530.86 31,0 56'i 3,809 333 Saratoga 11,146 445.84 14,954.1811 $ 38,880.86 $ 23 852.44 $ 3,358,00 $ 27 642.08 15,971 66 $`1� 951 292 Sunnyvale 55,807 2,232.28 83,323.48 $ 216,641.04 $ 119 426.98 $ 759.57 $ 138 401.36 41.946 87$ 5,1601 66 Unincorporated 27,9461 1,117.84 29,375.31 $ 76,375.80 $ 59,804.44 $ 13,651.97 $ 69 306.06 66.386 68 x$106,076 60 1,758 1,187 1 1 1 Total 633,0151 24 190.32 1,053,580.17 2 739 308.45 1 294 182.12 172.8'77.20 1,499 799.84 227,550 71) $ :a1 309 84li' 37 864 15,033 61 ATTACHMENT B Csumatea t-ixea uostS t-or rlSCal Year 1016 IXED COST HMPM,Sr. HMS, .5 AMA, 3 taff Salary And Benefits HMPM,Sr. HMS, .5 AMA, 3 $846,225 [Phones HMT,Acct, Sr MA $846,225 ounty Admin Overhead 20% of Salary above $169,245 ounty Counsel $10,000 and Communications Sunnyvale, San Jose, Temporary $11,000 Facilities Lease Costs Sunnyvale, San Jose, Temporary $176,000 Vehicle Lease Costs $27,000 Computers ans software $5,000 Office Supplies and postage $6,000 Maintenance $5,000 Staff Training �� , � ;� +m . $2,500 ESTIMATED ANNUAL TOTAL $1,257,970 Estimated Fixed Costs For Fiscal Year 2014 and 2015 Flr XED Staff Salary And Benefits HMPM,Sr. HMS, .5 AMA, 3 HMT,Acct, Sr MA $846,225 County Admin Overhead 20% of Salary above $169,245 County Counsel $10,000 Phones and Communications $10,000 Facilities Lease Costs Sunnyvale, San Jose, Temporary $211,000 Vehicle Lease Costs $27,000 Computers ans software $7,200 Office Supplies and postage $6,000 Maintenance $5,000 Staff Training $2,500 ESTIMATI D ANNUAL, °.TOTAL �� , � ;� +m . 16 62 ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2013 2012/Month Day Date Location Type of vent County Holidays/ Notes July Saturday 7 No Event m,<° No Event FOURTH OF JULY Friday 13 San Martin Permanent Saturday 14 San Martin Permanent Saturday 21 Sunnyvale Permanent Saturday 28 Santa Clara Temporary August Friday 3 San Martin Permanent Saturday 4 San Martin Permanent Saturday 11 San Jose Temporary Saturday 18 Sunnyvale Permanent Friday 24 San Martin Permanent Saturday 25 San Martin Permanent September Saturday 1 No Event No Event LABOR DAY WEEKEND Saturday 8 San Jose Temporary Saturday 15 Sunnyvale Permanent Friday 21 San Martin Permanent Saturday 22 San Martin Permanent Saturday 29, Santa Clara Temporary October Friday 5 San Martin Permanent Saturday .6 San Martin Permanent Saturday 13 San Jose Temporary Saturday 20 Sunnyvale Permanent Friday 26 San Martin Permanent Saturday 27 San Martin Permanent November Friday 2 San Martin Permanent Saturday 3 San Martin Permanent Saturday 10 No Event No Event VETERANS DAY Saturday 17 Sunnyvale Permanent Saturday 24 No Event No Event THANKSGIVING December Friday 30 San Martin Permanent Saturday 1 San Martin Permanent Friday 7 San Martin Permanent Saturday 8 San Martin Permanent Saturday 15 San Jose Temporary Saturday 22 No Event No Event CHRISTMAS Saturday 29 No Event No Event NEW YEARS 2013 /Jan Fri, Sat 4,5 San Martin Permanent Thurs,Fri,Sat 3,4,5 San Jose Permanent Thurs,Fri,Sat 10,11,12 San Jose Permanent Thurs,Fri,Sat 17,18,19 San Jose Permanent Saturday 1 19 Sunnyvale Permanent Thurs,Fri,Sat 24,25,26 San Jose Permanent Saturday 26 1 Santa Clara Temporary 17 63 ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2013 - continued 2013 /Month Da Date Location Type of Event County Holidays/ Notes February Fri Sat 1,2 San Martin Permanent Thurs,Fri,Sat 31,1,2 San Jose Permanent Thurs,Fri,Sat 7,8,9 San Jose Permanent Thurs.Fri Sat 14,15.16 San Jose Permanent Saturday 16 Sunnyvale Permanent Thurs Fri Sat 21.22,23.1 San Jose Permanent March Fri Sat 1 2 San Martin Permanent Thurs,Fri,Sat 28,1,2 San Jose Permanent Thurs,Fri,Sat 7,8,9 San Jose Permanent Thurs,Fri,Sat 14 15 16 San Jose Permanent Saturday 16 Sunnyvale Permanent Thurs,Fri,Sat 2122.23 San Jose Permanent Thurs Fri Sat 28 29 30 San Jose Permanent April Fri Sat 5,6 San Martin Permanent Thurs,Fri,Sat 4,5,6 San Jose Permanent Thurs,Fri,Sat 11 12 13 San Jose Permanent Saturday 13 1 Los Altos Temporary Thurs,Fri,Sat 18 19 20 San Jose Permanent Saturday 20 Sunnyvale Permanent Thurs,Fri,Sat 25 26 27 San Jose Permanent Saturda 27 Santa Clara Temporary May Fri Sat 34 San Martin Permanent Thurs,Fri,Sat 2,3,4 San Jose Permanent Thurs,Fri,Sat 9 10 11 San Jose Permanent Thurs,Fri,Sat 16 17 San Jose Permanent Saturda 18 Sunn vale Permanent Saturda j18 25 No Event No Event MEMORIAL DAYWEEKEND June Fri, Sat 31, San Martin Permanent Thurs,Fri,Sat 30,31,1 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,M27,28,29 San Jose Permanent Saturday Sunnyvale Permanent Thurs,Fri, San Jose Permanent Thurs,Fri, San Jose Permanent Saturda Milpitas Temporary 'SUBJECT TO CHANGE 3/14/2012 18 64 Attachment n HOUSEHOLD HAZARDOUS.WASTE EMERGENCY COLLECTION PLAN 1. PURPOSE The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response. 2. Timing of HHW While it is important to have special collection opportunities for disaster - related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster, and cleanup process by the City HHW Coordinators is essential. 3. Public Information/Notification: Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City's responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City's public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door -to -door notices, roadside signs, signs on dumpsters, radio public service announcements, and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State HHW Collection Permits The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special collection of household hazardous waste, from DTSC through their expedited approval process. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 19 65 5. Collection Events Temporary collection events can be set -up at various sites including parking lots, city maintenance yards, neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected can be transported with the HHW Program's hazardous waste transportation vehicle. In additional, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The following options are available to each participating City. Neighborhood Drop -off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and.shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events. • CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. A third facility is planned and should become operational in January 2013. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF. The CoHHWCF are located at: • Sunnyvale Recycling Center, 164 Carl Ave, Sunnyvale • San Martin, 13055 Murphy Ave, San Martin • San Jose, 1608 Las Plumas, San Jose (future site, January 2013) 6. Costs, Documentation, and Reimbursements Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The County agrees to provide the City with a detailed accounting of services provided AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 20 •• for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs. Services'to businesses will be provided on a cost recovery basis and according to Attachment D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on -site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city's responsibility to pursue reimbursement from State or Federal agencies. State Office of Emergency Services (OES) The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow Standardized Emergency Management System (SEMS) All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance. Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA. H H AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 21 67 REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for local government on disaster debris mana eg ment, January 1997. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 22 •i Emergency Planning Contacts and Personnel Primary County Contact: County of Santa Clara Department of Environmental Health Household Hazardous Waste Program Rob D'Arcy Hazardous Materials Program Manager 408 -918 -1967 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations. Information and Public Affairs 2800 Meadowview Road Sacramento, CA 95832 916/262 -1843 916/262 -1841 (voice /TDD) OES - Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286 -0895 510/286 -0877 (voice /TDD) CHEMTREC Emergency number, (800) 424 -9300 Non- emergency (800) 262 -8200 Chemtree is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. ' AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 23 •• Attachment E EXHIBIT B -2D (revised) INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity.' The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub - contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. Rev. 4/2002 70 24 EXHIBIT B -21) (revised) C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $2,000,000 c. Products /Completed Operations aggregate - $2,000,000 d. Personal Injury - . $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products /Completed C. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a cow of which shall be provided to the County: Additional Insured Endorsement, which shall read: "County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and. collectively, as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the Rev. 4/2002 2 25 71 EXHIBIT B -21) (revised) additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non -owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials /wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non -owned and hired aircraft/watercraft. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all- states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Contractors Pollution Liability Insurance or Pollution Errors and Omissions Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.) a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence /aggregate. b. If coverage contains a deductible or self - retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence /event. Rev. 4/2002 3 26 72 EXHIBIT B -2D (revised) C. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8. Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. E. Special Provisions The following provisions shall apply to this Agreement: The. foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self - insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self - insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self - insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the)Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Rev. 4/2002 Before receiving compensation under this Agreement, Contractor will furnish . County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or 4 73 27 Rev. 4/2002 EXHIBIT B -2D (revised) countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15 %) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. 74 F-? u � SARATOGA CITY COUNCIL RL ?FVx1�`� MEETING DATE: April 17, 2013 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: James Lindsay DIRECTOR: James Lindsay SUBJECT: Second Amendment to an Agreement with CSG Consultants for Building Inspection Services and Community Development Department Budget Adjustment RECOMMENDED ACTION: Authorize the City Manager to execute an amendment to the agreement with CSG Consultants for building inspection services and approve a budget adjustment resolution increasing the Community Development Department budget for consultants by $30,000 for Fiscal Year 2012/13. BACKGROUND: In January 2013, one of the City building inspectors left on an unexpected leave of absence that was originally scheduled to last through the end of March 2013. The Building Division is using an inspector from CSG Consulting to help maintain service levels during this staffing shortage. On March 20, 2013, the Council authorized the first amendment to the City's contract with CSG increasing the amount from $20,000 to $40,000. We recently received notice that the City inspector will now require a leave of absence through the end of May. This will require a second amendment to CSG's contract increasing the amount from $40,000 to $70,000. The additional funding will enable the Building Division to continue normal service levels to the end of the fiscal year. FISCAL IMPACTS: The amendment will require a $30,000 increase to the Community Development Department's Fiscal Year 2012/13 operating budget, which can be funded from the City's General Fund operational savings. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City Manager would not be authorized to execute the amendment and building permit applicants may need to wait longer for inspections. Page 1 of 2 75 ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Draft Amended Agreement 2. Budget Adjustment Resolution Page 2 of 2 76 CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and CSG Consultants, Inc, ( "Contractor "), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement dated July 1, 2012( "Original Agreement "); and WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the total payment amount by entering into this Amendment to the Original Agreement. - - -The remainder of this page is intentionally left blank - -- 77 NOW THEREFORE, the parties hereto agree as follows: 1. Total Compensation. The total compensation included in Exhibit B to the Original Agreement is hereby increased to $70,000 as shown in the amended Exhibit B attached to this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment. City of Saratoga: W. Contractor: In Dave Anderson, Date Date City Manager (Name). Attest: Crystal Bothelio, Date City Clerk Approved as to Form: Richard S. Taylor, Date City Attorney Attachments: Exhibit B W (Title) EXHIBIT B PAYMENT 1. TOTAL COMPENSATION. The total compensation (including equipment, supply, and expense costs) pursuant to Exhibit A - Scope of Work of this Agreement shall not exceed $70,000. Fee Schedule: hour. Building Inspection services shall not exceed $85.00 per 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed prior to the invoice date. Invoices shall be sent to the City no later than the 151h of the month following the month term being invoiced for. Invoices shall contain the following information: i. Serial identifications of bills for each applicant/ project, i.e. Invoice No.1 on each individual invoice sheet. ii. Reference the City's application number per applicant/ project (as identified on the City transmittal cover sheets) on each individual invoice sheet. iii. The beginning and ending dates of the billing period on each individual invoice sheet. iv. A summary cover sheet containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. 79 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE BUDGET FOR FISCAL YEAR 2012/13 TO ACCOUNT FOR STAFF ING SHORTAGES WHEREAS, the Building Division in the Community Development Department is experiencing a prolonged employee leave of absence; and WHEREAS, the City Council desires to maintain established building inspection service levels to the community by using contract inspection staff; and WHEREAS, it is necessary to make the following adjustments to the Community Development Department's Fiscal Year 2012/2013 operating budget to continue to use contract inspectors: Account Des Account # Amount Consultants - Budget Increase 111 - 4201 -64173 $30,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saratoga hereby approves the above adjustments to the Fiscal Year 2012/13 Budget. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 17th day of April 2013 by the following vote: AYES: NOES: AB SENT: ABSTAIN: ATTEST: Crystal Bothelio, City Clerk :C Jill Hunter, Mayor u 7 SARATOGA CITY COUNCIL MEETING DATE: April 17, 2013 AGENDA ITEM: DEPARTMENT: Public Works PREPARED BY: John Cherbone CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Landscaping and Lighting Assessment District LLA -1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 13 -14 RECOMMENDED ACTION: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 13 -14 for renewing the Landscaping and Lighting Assessment District LLA -1. 2. Move to adopt the Resolution of Intention. REPORT SUMMARY: Attached are the next two Resolutions to continue the process for renewing the Landscaping and Lighting Assessment District LLA -1 for FY 13 -14. Briefly, the two Resolutions are: 1. A Resolution of Preliminary Approval of Engineer's Report ... Fiscal Year 2013 -2014 - This is the Resolution required under the State Streets & Highways Code (S &H) section 22623 which grants preliminary approval of the Engineer's Report for the renewal of the District for FY 13- 14. 2. A Resolution of Intention to order the levy and collection of assessments ... Fiscal Year 2013 -2014 - This is the Resolution required under S &H 22624 which, among other things, fixes the date and time for the Public Hearing on June 5th. These Resolutions should be adopted by separate vote at your meeting to continue the process of renewing the District for another year. There are no increases in the parcel assessments, which would require an assessment district election for any of the existing Zones within the District in FY 13 -14. The Engineer's Report is attached summarizing the proposed assessments for FY 13 -14. FISCAL IMPACTS: All of the costs associated with the District are recovered via the assessments. a CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The service contract would not be approved and the City would need to determine a means to maintain these landscaped areas. ALTERNATIVE ACTION: The Resolutions would not be adopted and the process for renewing the District would not continue. FOLLOW UP ACTION: None in addition to the above. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. The Resolution of Intention will be published. ATTACHMENTS: 1. Resolutions (2). 2. Engineer's Report m RESOLUTION NO. A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 FISCAL YEAR 2013 -2014 RESOLVED, by the City Council of the City of Saratoga, California as follows: WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 6th day of March, 2013, said Council did adopt its Resolution No. 13 -008, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2013 - 2014 ", for the City of Saratoga Landscaping and Lighting District LLA -1, in said City and did refer the proposed improvements to the Engineer of the City and did therein direct said Engineer to prepare and file with the City Clerk of said City a report, in writing, all as therein more particularly described: WHEREAS, said City Engineer prepared and filed with the City Clerk a report in writing as called for in said Resolution No. 13 -008 and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the assessment district or within any zone thereof, contained in said report, be, and they are hereby preliminarily approved. 2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby preliminarily approved. 3. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 13 -008 and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said district as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is preliminarily approved. W 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said assessment district in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby preliminarily approved. 5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 13 -008. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 17th day of April, 2013 by the following vote of the members thereof: AYES: NOES: AB SENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk Jill Hunter, Mayor City of Saratoga RESOLUTION NO. A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 FISCAL YEAR 2013 -2014 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution No. 13 -008, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2013- 2014 ", for City of Saratoga Landscaping and Lighting District LLA -1, adopted on March 6, 2013, by the City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 13 -008, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 2013 -2014 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA -1," the exterior boundaries of which are the composite and consolidated areas as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 4. Notice is hereby given that Wednesday, the 5th day of June, 2013, at the hour of 99 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's report, and tabulate the ballots. 5. The Clerk of said City be, and hereby is, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. 6. The Office of the City Engineer be, and hereby is designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or by calling (408) 868 -1241. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 17th day of April, 2013, by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Attest: Crystal Morrow, City Clerk Jill Hunter, Mayor City of Saratoga Exhibit A 0 DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. 5 M MUNICIPALITIES I SCHOOL DISTRICTS I CITIES I COUNTIES I PARK & RECREATION I WATER DISTRICTS I MUNICIPALITIES I SCHOOL DISTRICTS I COMMUNITIES a KoPPE&RIUBER PUBLIC FINANCE 334 VIA VERA CRUZ, SUITE 25(, SAN MARCOS CALIFORNIA 92078 T. 760.510.0290 F. 760.510.0288 TABLE OF CONTENTS SECTIONI. OVERVIEW ....................................................................... ..............................1 SECTION II. PLANS AND SPECIFICATION .................................... ..............................3 SECTION III. PROPOSED FISCAL YEAR 2013/2014 BUDGET ....... ..............................6 A. ESTIMATED FISCAL YEAR 2013/2014 BUDGET ............... ..............................6 SECTION IV. METHOD OF APPORTIONMENT ............................. .............................12 A. GENERAL ................................................................................ .............................12 B. BENEFIT ANALYSIS .............................................................. .............................12 C. ASSESSMENT METHODOLOGY ......................................... .............................13 D. RATES ...................................................................................... .............................14 E. ASSESSMENT RANGE FORMULA ...................................... .............................15 SECTION V. ASSESSMENT ROLL ............................................... ............................... V -1 SECTION VI. ASSESSMENT DIAGRAM .......................................... ...........................VI -1 SECTION I. OVERVIEW A. Introduction and Background In 1980, the City of Saratoga (the "City ") formed the City of Saratoga Landscaping and Lighting Assessment District LLA -1 (the "District "). The District currently consists of 25 Zones which are budgeted separately and the properties within each Zone are assessed annually for their proportionate share of special benefit of the maintained improvements as further described in this Engineer's Report. This report constitutes the Fiscal Year 2013/2014 Engineer's Report for the District. The City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 ( "1972 Act ") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ( "Proposition 218 ") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act ") desires to levy and collect annual assessments against lots and parcels within the District beginning in the fiscal year commencing July 1, 2013 and ending June 30, 2014 to pay for the operation, maintenance and servicing of landscaping and public lighting improvements within the District. The proposed assessments are based on the City's estimate of the costs for Fiscal Year 2013/2014 to maintain the improvements that provide a special benefit to properties assessed within the District. The assessment rates set for Fiscal Year 2013/2014 as set forth in this Engineer's Report, do not exceed the maximum rates established at the time each the Zones were established and/or balloted for compliance with Proposition 218, therefore, the City and the District are not required to go through a property owner ballot procedure in order to establish the 2013/2014 assessment rates. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report .c Page 1 B. Contents of Engineer's Report This Report describes the District boundaries and the proposed improvements to be assessed to the property owners located within zones of the District. The Report is made up of the following sections. Section I. Overview — Provides a general introduction into the Report and provides background on the District, zones and the assessments. Section II. Plans and Specifications — Contains a general description of the improvements that are maintained and serviced by each of the zones within the District. Section III. Proposed Fiscal Year 2013/2014 Budget — Identifies the cost of the maintenance and services to be provided by each zone within the District including incidental costs and expenses. Section IV. Method of Apportionment — Describes the basis in which costs have been apportioned to lots or parcels within each of the zones within the District, in proportion to the special benefit received by each lot or parcel. Section V. Assessment Roll — The assessment roll identifies the maximum assessment to be levied to each lot or parcel within the District. Section VI. Assessment Diagram — Displays a diagram of the District showing the boundaries of the District and the zones. For this Report, each lot or parcel to be assessed, refers to an individual property assigned its own Assessment Parcel Number ( "APN ") by the Santa Clara County ( "County ") Assessor's Office as shown on the last equalized roll of the assessor. Following the conclusion of the Public Hearing, the City Council will confirm the Report as submitted or amended and may order the collection of assessments for Fiscal Year 2013/2014. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report 91 Page 2 SECTION II. PLANS AND SPECIFICATION A. General Description of the District The District currently consists of 25 Zones located within the City. Each Zone incorporates specific improvements that were established at the time of development of the properties within the Zone or were installed for the benefit of the properties within the Zone. Some Zones are currently not levied based on the current reserves and other revenue sources such as property taxes available to the Zones. The Assessment Diagram is included in Section IV of this report. B. Description of Services and Improvements to be Maintained The District provides a funding mechanism for the ongoing maintenance, operation and servicing of landscaping and public lighting improvements that provide special benefit to each Zone. These improvements may include, but are not limited to, the design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. Maintenance services will be provided by City personnel and /or private contractors. The proposed improvements to be maintained and services are generally described as follows: Zone Improvements 1 (Manor Drive Landscape District) Landscape maintenance of the Manor Drive median and Saratoga - Sunnyvale Road frontage along Tract 3822. 2 (Fredericksburg Landscape District) Landscape maintenance along the Cox Avenue frontage of Tracts 3777, 4041 and 4042. 3 (Greenbrier Landscape District) Landscape maintenance of the Seagull Way entrance to Tracts 4628, 4725 and 4726 and the common areas along Goleta Avenue and Guava Court. 4 (Quito Lighting District) Street lighting and landscape maintenance in the El Quito Park residential neighborhood: Tracts 669, 708, 748, 6785, 7833 and 8700. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report 92 Page 3 Zone Improvements 5 ( Azule Lighting District) Street lighting in the Azule Crossing residential neighborhoods: Tracts 184, 485, 787, 1111, and 1800. 6 ( Sarahills Lighting District) Street lighting in the Sarahills residential neighborhood: Tracts 3392 and 3439. 7 (Village Lighting District) Street lighting in four separate residential neighborhoods surrounding Saratoga Village, and in Saratoga Village. Includes all or a portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2, McCartysville, Saratoga Park, Williams, and Tracts 270, 336, 416, 2399, 2502, 4477, 5350, 5377, 5503, 5676, 6419, 6431 and Saratoga Village. 9 (McCartysville Landscape District ) Landscape maintenance along the Saratoga - Sunnyvale Road frontage of Tract 5944. 10 (Tricia Woods Landscape District) Landscape maintenance along the Saratoga - Sunnyvale Road frontage of Tract 7495 (Maintenance and water shared with Zone 27). 11 (Arroyo de Saratoga Landscape District) Landscape maintenance of the Via Monte entrances to all or a portion of Tracts 2694, 2835, 3036 and 4344. 12 ( Leutar Court Landscape District) Landscape maintenance of the Leutar Court frontage in Tract 6996. 15 (Bonnet Way Landscape District) Monthly landscape maintenance along Bonnet Way of Tract 5462. 16 (Beauchamps Landscape District) Landscaping and lighting of the Prospect Road entrance to the Beauchamps subdivision, Tract 7763. 17 (Sunland Park Landscape District) Landscape maintenance along Quito Road frontage of Tracts 976 and 977. 22 (Prides Crossing Landscape District) Periodic landscape maintenance along Prospect Road between the Route 85 overcrossing and Saratoga Creek. Includes all properties bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644, 1695, 1727, 1938, and 1996). 24 (Village Commercial Landscape Maintenance District) Routine maintenance of Village Parking Districts 1 -4 and Big Basin Way landscaping. 25 (Saratoga Legends Landscape District) Landscape maintenance along the Saratoga - Sunnyvale Road frontage of, and pedestrian pathways within Tract 8896. 26 (Bellgrove Landscape and Lighting District) Landscape maintenance of common area and lighting associated with Tract 8700. 27 (Cunningham Place /Glasgow Court Landscape District) Landscape maintenance along the Saratoga - Sunnyvale Road frontage of Tracts 6199 and 7928. (Maintenance and water shared with Zone 10). 28 (Kerwin Ranch Landscape District) Landscape maintenance along the Fruitvale Avenue and Saratoga Avenue frontages of Tracts 8559 and 8560. 29 (Tollgate Landscape and Lighting District) Maintenance of the common area landscape and lighting improvements along Tollgate Road at the entrance to Tracts 3946 and 5001. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report 93 Pa ('c 4 Zone Improvements 31 (Horseshoe Drive Landscape and Lighting District) Landscape maintenance along the Saratoga -Los Gatos Road frontage of Tract 247. 32 (Gateway Landscape and Lighting District) Landscape maintenance of frontage along Saratoga - Sunnyvale Road between Prospect Road and the Union Pacific railroad tracks. 33 (Carnelian Glen Landscape and Lighting District) Maintenance of landscaping along the Saratoga -Los Gatos Road frontage of APNs 397 -21 -031 and 397 -37- 015. 34 (Westbrook Landscaping & Lighting District) Provides for maintenance of landscaping along the Prospect Road frontage of Tracts 1222 and 1179 and lighting within both tracts. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report ., Page 5 SECTION III. PROPOSED FISCAL YEAR 2013/2014 BUDGET A. Estimated Fiscal Year 2013/2014 Budget A summary of the proposed District fiscal year 2013/2014 budget is summarized, by category, in the Tables shown below: Zone Budgets Zone Number Operations Subtotals City Costs ' Total Costs Revenue Sources Carryover Property Tax Subtotals Net Cost ZONE 1 ZONE 2 ZONE 3 Repairs $5,000.00 $3,500.00 Maintenance $1,560.00 $1,224.00 Water $400.00 $250.00 Electric $0.00 $0.00 Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels $6,960.00 $4,974.00 $1,383.00 $3,575.00 $8,343.00 $8,549.00 $11,401.00 $11,081.00 $3,400.00 $700.00 $14,801.00 $11,781.00 ($6,458.00) ($3,232.00) $9,000.00 $9,000.00 $0.00 $0.00 $2,542.00 $5,768.00 29 85 $8,000.00 $2,760.00 $2,500.00 $0.00 $13,260.00 $8,355.00 $21,615.00 $1,608.00 $5,400.00 $7,008.00 $14,607.00 $7,300.00 $0.00 $21,907.00 176 ZONE 4 $65,000.00 $900.00 $0.00 $14,100.00 �:1 111 11 $18,488.00 $98,488.00 $94,814.00 $51,000.00 $145,814.00 ($47,326.00) $47,326.00 0.00 $0.00 698 Assessment Per Parcel $87.66 $67.86 $124.47 $0.00 Rounded Assessment Per Parcel $87.66 $67.86 $124.48 $0.00 Maximum Assessment Per Parcel $141.42 $103.94 $124.74 $0.00 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - I Page 6 Fiscal Year 201312014 Engineer's Report 95 Zone Number Operations Subtotals City Costs' Total Costs Revenue Sources Carryover Property Tax Subtotals Net Cost Zone Budgets, Cont. Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels $231,745.00 ZONE 5 ZONE 6 ZONE 7 ZONE 9 Repairs $50,000.00 $8,500.00 $7,500.00 $10,000.00 Maintenance $0.00 $0.00 $0.00 $3,000.00 Water $0.00 $0.00 $0.00 $1,700.00 Electric $3,200.00 $3,200.00 $33,500.00 $275.00 $6,284.00 $53,200.00 $11,700.00 $41,000.00 $14,975.00 781 $5,475.00 $2,305.00 $19,208.00 $1,953.00 $58,675.00 $14,005.00 $60,208.00 $16,928.00 Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels $231,745.00 $17,721.00 $12,868.00 $15,115.00 $27,000.00 $0.00 $59,000.00 $0.00 $258,745.00 $17,721.00 $71,868.00 $15,115.00 ($200,070.00) ($3,716.00) ($11,660.00) $1,813.00 $200,070.00 $10,000.00 $11,660.00 $12,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,284.00 $0.00 $13,813.00 120 64 781 48 Assessment Per Parcel $0.00 $98.19 $0.00 $287.77 Rounded Assessment Per Parcel $0.00 $98.18 $0.00 $287.78 Maximum Assessment Per Parcel $0.00 $155.91 $0.00 $339.41 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report i Page 7 Zone Number Operations Repairs Maintenance Water Electric Subtotals City Costs' Total Costs Revenue Sources Carryover Property Tax Subtotals Net Cost Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels Zone Budgets, Cont. ZONE 10 ZONE 11 ZONE 12 ZONE 15 $1,000.00 $15,000.00 $2,500.00 $400.00 $408.00 $816.00 $900.00 $1,020.00 $1,000.00 $550.00 $800.00 $1,500.00 $125.00 $0.00 $0.00 $0.00 $2,533.00 $16,366.00 $4,200.00 $2,920.00 $783.00 $10,575.00 $783.00 $1,743.00 $3,316.00 $26,941.00 $4,983.00 $4,663.00 $2,657.00 $37,956.00 $7,663.00 ($181.00) $0.00 $0.00 $0.00 $0.00 $2,657.00 $37,956.00 $7,663.00 ($181.00) $659.00 ($11,015.00) ($2,680.00) $4,844.00 $1,925.00 $29,000.00 $6,500.00 $375.00 $0.00 $0.00 $0.00 $0.00 $2,584.00 $17,985.00 $3,820.00 $5,219.00 9 250 9 41 Assessment Per Parcel $287.11 $71.94 $424.44 $127.29 Rounded Assessment Per Parcel $287.10 $71.94 $424.44 $127.30 Maximum Assessment Per Parcel $287.11 $103.94 $518.55 $127.30 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report 97 Page 8 Zone Budgets, Cont. Zone Number ZONE 16 ZONE 17 ZONE 22 ZONE 24 Operations Repairs $7,500.00 $8,500.00 $10,000.00 $0.00 Maintenance $816.00 $3,120.00 $4,860.00 $0.00 Water $1,500.00 $2,000.00 $2,000.00 $5,000.00 Electric $600.00 $0.00 $800.00 $250.00 Subtotals $10,416.00 $13,620.00 $17,660.00 $5,250.00 City Costs' $3,775.00 $9,075.00 $29,508.00 $27,675.00 Total Costs $14,191.00 $22,695.00 $47,168.00 $32,925.00 Revenue Sources Carryover $12,497.00 $19,151.00 $16,562.00 $7,050.00 Property Tax $0.00 $0.00 $0.00 $34,000.00 Subtotals $12,497.00 $19,151.00 $16,562.00 $41,050.00 Net Cost $1,694.00 $3,544.00 $30,606.00 ($8,125.00) Carryover not recovered $7,500.00 $12,500.00 $23,000.00 $8,125.00 Carryover not reimbursed $0.00 $0.00 $0.00 $0.00 Net Assessment $9,194.00 $16,044.00 $53,606.00 $0.00 No. of Parcels 55 200 864 132 Assessment Per Parcel $167.16 $80.22 $62.04 $0.00 Rounded Assessment Per Parcel $167.16 $80.22 $62.04 $0.00 Maximum Assessment Per Parcel $187.11 $113.14 $103.94 $0.00 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report i Page 9 Zone Budgets, Cont. Zone Number ZONE 25 ZONE 26 ZONE 27 ZONE 28 Operations Repairs $5,000.00 $25,000.00 $12,000.00 $3,500.00 Maintenance $1,980.00 $20,520.00 $1,620.00 $3,240.00 Water $2,500.00 $15,000.00 $850.00 $2,900.00 Electric $100.00 $5,500.00 $75.00 $75.00 Subtotals $9,580.00 $66,020.00 $14,545.00 $9,715.00 City Costs' $963.00 $5,725.00 $1,443.00 $993.00 Total Costs $10,543.00 $71,745.00 $15,988.00 $10,708.00 Revenue Sources Carryover $7,774.00 $55,059.00 $15,280.00 $4,842.00 Property Tax $0.00 $0.00 $0.00 $0.00 Subtotals $7,774.00 $55,059.00 $15,280.00 $4,842.00 Net Cost $2,769.00 $16,686.00 $708.00 $5,866.00 Carryover not recovered $6,500.00 $55,000.00 $8,000.00 $6,000.00 Carryover not reimbursed $0.00 $0.00 $0.00 $0.00 Net Assessment $9,269.00 $71,686.00 $8,708.00 $11,866.00 No. of Parcels 15 94 31 16 Assessment Per Parcel $617.93 $762.62 $280.90 $741.63 Rounded Assessment Per Parcel $617.94 $762.62 $280.90 $741.62 Maximum Assessment Per Parcel $675.64 $987.48 $282.86 $754.27 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report Page 10 Zone Number Operations Subtotals City Costs ' Total Costs Revenue Sources Carryover Property Tax Subtotals Net Cost Zone Budgets, Cont. Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels $6,638.00 $3,625.00 $1,063.00 $1,113.00 $1,893.00 $15,798.00 $10,090.00 $15,787.00 $3,679.00 $4,093.00 $17,878.00 ZONE 29 ZONE 31 ZONE 32 ZONE 33 ZONE 34 Repairs $5,000.00 $1,500.00 $10,000.00 $1,500.00 $1,600.00 Maintenance $960.00 $3,840.00 $1,224.00 $816.00 $600.00 Water $700.00 $1,000.00 $3,000.00 $250.00 $0.00 Electric $2,500.00 $125.00 $500.00 $0.00 $0.00 $9,160.00 $6,465.00 $14,724.00 $2,566.00 $2,200.00 Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels $6,638.00 $3,625.00 $1,063.00 $1,113.00 $1,893.00 $15,798.00 $10,090.00 $15,787.00 $3,679.00 $4,093.00 $17,878.00 ($2,316.00) $15,088.00 $0.00 $0.00 $0.00 $17,878.00 ($2,316.00) $15,088.00 ($2,080.00) $12,406.00 $699.00 $13,000.00 ($800.00) $14,000.00 $0.00 $0.00 $0.00 $10,920.00 $11,606.00 $14,699.00 61 52 12 $2,167.00 $2,489.00 $0.00 $0.00 $2,167.00 $2,489.00 $1,512.00 $1,604.00 $2,500.00 $2,300.00 $0.00 $0.00 $4,012.00 $3,904.00 20 92 Assessment Per Parcel $179.02 $223.19 Various $200.60 $42.43 Rounded Assessment Per Parcel $179.02 $223.20 Various $200.60 $42.44 Maximum Assessment Per Parcel $197.99 $223.36 $16,352.02 $204.20 $43.46 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report 100 Page 11 SECTION IV. METHOD OF APPORTIONMENT A. General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of landscaping and public lights and appurtenant facilities. Streets and Highways Code Section 22573 requires that maintenance assessments be levied according to benefit rather than the assessed value. "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " In addition, Article XIIID and the Implementation Act require that a parcel's assessment may not exceed the reasonable cost for the proportional special benefit conferred to that parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on property located within the assessment district. Article XIIID and the Implementation Act further provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. They also require that publicly owned properties which specifically benefit from the improvements be assessed. B. Benefit Analysis Each of the proposed improvements and the associated costs and assessments within the District has been reviewed, identified and allocated based on special benefit pursuant to the provisions of Article XIIID, the Implementation Act, and the Streets and Highways Code Section 22573. Proper maintenance and operation of the Improvements provide special benefit to properties by providing; 1. Community character by helping to identify, distinguish and enhance these neighborhoods, including the entrances; 2. Improved quality of life by reducing the potential for graffiti, eliminating dust and litter, providing sound attenuation, eliminating potential for blight, and providing added security and safety through lighting and an added City presence; 3. In the absence of the District, the work and improvements would not be otherwise accomplished by the City or the City's contractors. Therefore, the improvements are deemed to have no general benefit to property outside of the District. City of Saratoga Landscaping & Lighting District LLA - I Page 12 Fiscal Year 201312014 Engineer's Report 101 C. Assessment Methodology To establish the special benefit to the individual lots or parcels within each Zone the assessment methodology has been established as follows: Administrative costs shall be spread equally to all of the lots or parcels of land assessed within the District. Zones 1 through 7, 9 through 12, 15 through 17, 22, 25 through 29, 31, 33 and 34 The cost of Improvements shall be spread equally to all of the lots or parcels of land located within each said respective Zone. Zone 24 Street Lights & Street Trees Costs shall be spread to all the lots or parcels of land located with the Zone proportional to usable parcel area. Village Parking District (VPD) The costs related to the VPD shall be spread to all the lots or parcels of land in commercial use located within said Zone, proportional to the number of parking spaces existing in the VPD parking lots that are assigned to each parcel within the Zone, rounded to the nearest one tenth (0.1) of a parking space. Spaces shall be assigned by adding the total number of spaces in the VPD parking lots and the total private spaces existing on assessable parcels, distributing this sum proportionally by weighted building area, and deducting the number of private spaces, if any, from the resulting number for each parcel. Weighted building area shall be defined as actual building area multiplied by a factor dependent on parcel us as follows: Land Use Factor Retail 1.0 Office /Service 0.5 Restaurant 2.0 Zone 32 The cost of Improvements shall be spread proportionally to the frontage on Saratoga - Sunnyvale Road of each of the lots or parcels of land located within the Zone. Zones 0, 8, 13, 14, 18 through 21, 23 and 30 have been either detached or merged with other zones. A portion of Zone 4 was redesignated as Zone 26 in 1997. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report 102 Page 13 D. Rates The table below shows the maximum assessments rates that could be levied in fiscal year 2013/2014 by land use. Each base year represents the year the parcels were balloted for Proposition 218 purposes and from which the escalation factor as described in Section E. below begins. See Section III Proposed Fiscal Year 2013/2014 Budget above for the proposed assessments by Zone fiscal year 2013/2014. Maximum Assessments Zone Base Fiscal Year 1999/2000 Fiscal Year 2013/2014 2 $52.50 $103.94 3 $63.00 $124.74 6 $78.75 $155.91 11 $52.50 $103.94 16 $94.50 $187.11 22 $52.50 $103.94 25 $341.25 $675.64 26 $498.75 $987.48 29 $100.00 $19799 Zone Base Fiscal Year 2000/2001 Fiscal Year 2013/2014 1 $75.00 $141.42 9 $180.00 $339.41 12 $275.00 $518.55 17 $60.00 $113.14 27 $150.00 $282.86 28 $400.00 $754.27 Zone Base Fiscal Year 2008/2009 Fiscal Year 2013/2014 31 $175.00 $223.36 33 $160.00 $204.20 Zone Base Fiscal Year 2011/12 Fiscal Year 2013/2014 34 $39.42 $43.46 City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report 103 Page 14 Maximum Assessments - Zone 32 APN Front Feet Fiscal Year 2004/2005 Fiscal Year 2013/2014 366 -12 -054 110 $1,052.16 $1,632.25 366 -12 -065 118 $1,125.66 $1,746.27 366 -12 -066 160 $1,511.48 $2,344.80 366 -12 -072' 100 $1,418.80 $1,489.74 366 -22 -023 149 $1,410.44 $2,188.05 386 -30 -035 106 $1,015.42 $1,575.25 386 -30 -036 0 $41.66 $64.63 386 -30 -037 50 $500.98 $777.18 386 -30 -038 50 $500.98 $777.18 386 -30 -039 100 $960.30 $1,489.74 386 -52 -032 75 $730.64 $1,133.47 386 -52 -033 75 $730.64 $1,133.47 Totals 1,093 $9,580.36 $16,352.02 1. This is a new parcel that is being annexed by unanimous consent of the property owner, this parcel's base year was Fiscal Year 2012/2013. E. Assessment Range Formula The purpose of establishing an Assessment Range Formula is to provide for reasonable inflationary increases to the annual assessments without requiring the District to go through an expensive balloting process required by law in order to get a small increase. The maximum assessment for each parcel shall be the amount calculated for the previous year multiplied by 1.05. The Maximum Assessment adjusted annually by this formula is not considered an increased assessment. Although the Maximum Assessment will increase each year, the actual assessment will only reflect the necessary budgeted amounts and may remain unchanged. Increases in the budget or an increase in the rate in one year from the prior year will not require a new 218 balloting unless the rate is greater than the Maximum Assessment adjusted to reflect the 1.05 increase as described above. The Assessment Range Formula applies to all Zones except for Zones 10 and 15 which do not have an annual escalator. City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report 104 Page 15 SECTION V. ASSESSMENT ROLL Parcel identification, for each lot or parcel within the District shall be the parcel as shown on the County Assessor's map for the year in which this Report is prepared. A listing of parcels assessed within the District, along with the proposed assessment amounts and zone, has been submitted to the City Clerk, under a separate cover, and by reference is made part of this Report. Said listing of parcels to be assessed shall be submitted to the County Auditor /Controller and included on the property tax roll for each parcel in Fiscal Year 2013/2014. If any parcel submitted for collection is identified by the County Auditor /Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor /Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. City of Saratoga Landscaping & Lighting District LLA - I Section V. - Page 1 Fiscal Year 201312014 Engineer's Report 105 SECTION VI. ASSESSMENT DIAGRAM The parcels within the District consist of all lots, parcels and subdivisions of land located within the Boundary of Landscaping and Lighting Assessment District LLA -1. Boundary maps of the Zones are attached. City of Saratoga Landscaping & Lighting District LLA - I Section VI. - Page 1 Fiscal Year 201312014 Engineer's Report 106 O O Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 1 00 7 366 -,00 ,;, - - � 36620013 36620014 36620015 I 0 62° °�1, 36 V 3662° °a a 36620007 0 Q 000`'0 CID LO O� 0 cli rn 0-) � s MANOR / Q CD W J DR. 62p023 36620016 C 0 0 co rn a) a N O �O 36620017 co co 0 co M N 62° °�1, 36 V 3662° °a a 36620007 0 Q 000`'0 CID LO O� 0 cli rn 0-) � s MANOR / Q CD W J DR. 62p023 rn N 0 p 0 co 0 0 co ti 0 0 a) a N O A co co co co M N z z D V J Q 3660202 0 36620G O RDO N CT. Q Q 3662000 Zone 1 Property with Assessment Number. N Zone 1 consists of 29 properties. E. Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 2 w rn CO 00 CO O cM M f CO CO CO CD CO zb CO O M OD CO) 8636017 d6� °�Q W 0 to 3�6�60 R�S "&& 38636003 ° Cl CID M '9 3g63602g 3 6 0� 2 6� °� �c�o��' 38636023 38636022 8636021 8636020 3g63602a be X\ bIb" �' r�l ����� opt 366 p24 GNEV�R`y 366 021 38636p31 �`° 11%Z l9� ��p`L4' 38636026 i 3$636p36 G CD gbp G�j 6�� 38636039 °w 3$636p35 CO � 3� 6�p Itcor hti C ��0�� SNER��AN 38636040 ����h3 ��.0 3a63g035 �� �% 38636041 14 Go o 0 6',9 °� � v, 3g63gp33 rbcb" 3g63g012 ATP CV CD A/ 2> N `'s 3g63g011 C, C.0 M 38639026 3a63gp21 3g63g010 38639028 �63g030 3863gp09 � 3 ti 386390 38639008 3� 3863900, ter, OOO X05 38639006 IT Q � CO M Cp 210p01/ Zone 2 Property with Assessment Number. Zone 2 consists of 85 properties. Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 3 - Sheet 1 of 2 l�qY GOLETA oo� � ' 3864] 0 3864102 W 4 23 o f�w J M a o 0 C�rn J CCPI 386101 c GULL SEA 9 103 33641p38 B6106j 3�6Q 38641039 wwos 38661068 386¢1036 owo ooh 38661038 38619006 38649007 Lo 38649005 h � Y °° o °ti � 3864 cOo 9004 6861 � °o�yo °� °yam ° °° 00 619003 389 s0�0 x66190,8 0// 38 �90>> 9oNg KH' \ N 36 89002 38649012 3�� N 90n. 386s!Q 38640„_ e°j° o 'd'6Q 38644028 '90 �s 38644029 38649034 38644030 3864 -9033 38844p31 1 9032 38644032 s 38644033 38644034 L.VIIC J (:OMISL5 Ul 1 /u propCTLICS. /\\ I-�- A IN T1 GARNET CTJ Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 3 - Sheet 2 of 2 �o �o�ti GAF dl S 38642030 38642029 38642028 ryo ti6 3 P88a 366R�O�R 3$6R�o�1 386R�p2o �p`L 38642019 RR��3 38642018 66 66RROOR 38642017 3 � A 38644006 ° v M M O m NORTHAMPTON TL .0-EN I N.IN GLEN BRAE 38642010 38642009 0 N 0 486420'2 W rn A a o w m 86 2008 N O N d o N ? O W YUBA CT. UCP N M � 4 ?O 38642035 38642042 AVE. GLEN BRAE OZOLL99C SLOg498£ 38646019 3�6 ZOA9 °n °` Q ZSOZL98£ 890Z08£ N o LLOZL98E 38613009 010£198£ 38613030 L£OEL98£ (38613053 bS0£L9 � N LZOLL98E 1109498£ 386 ��° M 3g6�Jpss 38612067 M ZLOZL98£ 800£189£ 110£198£ 6ZOEL98£ Z£OEL98E 890£198£ OUM d° ^6 38611022 6 ti �� ^ 06h £LOZL98£ 100£198£ ZLOEL98£ BZOEL98E ££0£198£ gS0EL98E 38646016 ry a 6g12p`4 � ryo �,° ^ry a 0£198£ h ok° 361pti9 O^ a ° °6 oaoOL� �° ^10 ^VOA' O� 4LOZL98E 90oEL98E £10£198£ w LZOEL98E 7£0£198£ 080£198£ SOMA 0 ^Oryb °� oho^ ao °ry ^ryo 6 ^ry 1 �� 38612063 800£198£ 410£198£ � 640EL98E ^O ^o ��6 Ory bQ ^y goo Ory� ro° Oar ^y0 sbp, 9Z0£L98£ S£0£L98£ SSOUM 88% �� °a� a6° ^ry �' °off ^ry oary ^ry °ham 400£198£ SLOEL98£ SZO£L98£ 840£198£ 9£0£198£ 650EME 38612060 910£198£ 4ZOEL98£ O ^h Otio QP o °O ^ry a0 M COMM L£oELSaE L40EL98£ ^^ Oryo �� o�ory ° ry° 38612061 LLOEL98£ EZO£L98E 940£198£ 090£198£ ° ^^ ^^ o °OO 60ry Oryo MUMS 8£0£198£ • �� o^ �� o� a a a o ^ry 29p1 MEL98£ LLJ ^^ ^O ^ry ^^ ^OO^ "�00 o� Oo^ Ohs o ^ryO�o 1 �98F `9g 810£198£ ZZOEL98£ 6£0£198£ N 840£198£ > 610£198£ 20£L98E ° ° ^ � ^° 0£9 4£9 ^ iOy E90E9£ ^ s `v £40EL98E E ^ ^o °° o� ^ ^o��' °6 MUM 98£ 98e . ° ^ ^OOO o �l, °°ry ^^ ^ ^O °1 O��b ova ° o^ .990£199£ NN 010 r /1 r •P� ^ ►1 � �... �• /^I �� ^^ 000 ^Q�P ^ V/b ° 4 N CO) �' I. LIO 9FF CD Z6 co tz O�, Z be OA`98F W U Qv � �� N o2o �S9 6 MF 0085`98£ 800 — 5`s9 � 9£ 008 S98£ Sys £ E ~ 5 V p08 cc 598£ 1 .z O tm G N �o Q- a .� � �.. oo � X06 c A ♦, 59�� �G 599£ W £p08598£ ^�� 06S9A£ ZLO � ^` co 9,-o 6598£ f�06S9�£ p�06 CO 08598£ `065 06598£ b S9�f co U W 9�S `06598 S £ 8 0659 `,0GS9 `06,, CD Qco 6065 £ Z06598£ 9�0 9 98 65 8£ 6� /- ' Qr o6 ``p 'Poe, 26� 6s9g£ 8l0659�£ ci��C cokol -b 110 !£06598£ bbd, 6s b 9�£ s \� zQ Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 4 - Sheet 3 of 7 C / CC� N A sy Units 44,4 Units 5, 5 nits 11, 1 nits 2,1 Units 13, nits 18, 19 nits 22,2 14,2 nits 23,2 Units 15, 21 Units 24, 29, 30 nits 25, 3 nits nits 26,3 33, 3 nits 34,3 Units 35 , 40, 41 nits 36,4 Units \ 7, 43 Units 46, 51,52 \ Units 47, 53 nits 48,5 113 Unit # APN# 11 386 -58 -011 12 386 -58 -012 13 386 -58 -013 14 386 -58 -014 15 386 -58 -015 16 386 -58 -016 17 386 -58 -017 18 386 -58 -018 �� -9 386 -58 -019 20 386 -58 -020 21 386 -58 -021 22 386 -58 -022 23 386 -58 -023 24 386 -58 -024 25 386 -58 -025 26 386 -58 -026 27 386 -58 -027 28 386 -58 -028 29 386 -58 -029 30 386 -58 -030 31 386 -58 -031 32 386 -58 -032 33 386 -58 -033 34 386 -58 -034 35 386 -58 -035 36 386 -58 -036 37 386 -58 -037 38 386 -58 -038 39 386 -58 -039 40 386 -58 -040 41 386 -58 -041 42 386 -58 -042 43 386 -58 -043 44 386 -59 -001 45 386 -59 -002 46 386 -59 -003 47 386 -59 -004 48 386 -59 -005 49 386 -59 -006 50 386 -59 -007 51 386 -59 -008 52 386 -59 -009 53 386 -59 -010 54 386 -59 -011 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 4 - Sheet of 7 CAP 38662006 °o� 662° 0� o °� 4,) 866 °° -9I � 00 �� F oo X66 6 ?0 ° 666 o�D` °77 00 0 00 0 ti 0 g 0000° C� 000 0 000 ^� �o 0 000 ^0 0 0o00ti o'`h 00 s'9 nits 114 y=/ / / 38917001 \� / 497 ,>O, 389', O03 j. 3897,ppA 389')005 �OY 389' 49',OOS 389'8046 i �97,Op) 389�8p44 389') 88� 0pB 389' 88g'�0 9>>p 1009 389',083 � 3897j039 389,;,o 1p 971>06 389 "040 C 11 3897j08' 389')04' 389j70112 3891 j08p X9',04? /)> 4 38g4?014 38917059 389',043 38917013 38917058 38917044 389150, 38917014 38917057 38917045 0 38917015 38917056 38917046 $$p5�695 38917016 D 38917055 38917047 38917017 !n 38917054 38917048 38917018 D 38917053 6bOL669£ m 38942001 M 11 a I & CARRICK 3 n rn w q�. 16001 / I g% rn 6�OZ�'68£ nozO9£ 38912011 38912010 p 38912009 rn O 38912008 Z 38912007 38912006 38912005 38912004 38912003 3891200 38912001 860ZL68£ O X D rn Oi D O m � D N O VI CD n '� 3 cn �' r w CD A CD b �° Mr �z PASEO - OZOb668E 38914001 990£668£ 38913028 LZOMSC 3,991,3001 LbOb668E 6ZOb668£ _ � i 38914019 38914002 38913054 38913029 gZ0E668£ 38914046 38914022 m 38913002 O 38914018 38914003 38913053 38913030 9ZOE669C 38914045 38914023 38913003 38914017 38914004 38913052 38913031 bZ0E668E N 38914044 38914024 38913004 38914016 38914005 690£668£ 38913032 r EZ0E668£ N � D 38914043 38914025 D 38913005 D O A (/� rn 3891401 090£668£ 033 O ZZOM8E 38914042 38914026 D 38913006 s n � rn 38914014 38914007 6b0E668E 38913034 LZOEL62C 38914041 38914027 D rn 38913007 ' ^ V♦ 38914013 38914008 8b0E668E 38913035 OZOE668E � 3 38914040 38914028 (D 38913036 38913008 (D 38914012 38914009 Lb0E668E 660£668£ C 0 r38914039 38914029 U► �• 38913009 A 38914011 060b668E 9b0E668E 38913037 860E 668£ 0 f^ 38914038 38914030 �. 9b0E668E 38913038 L60E668E 38913010 D ww P 0 00 co 38913044 38913039 960£668£ 38913011 �V �' ° 0 0 w w i►+ 1 i N w Eb0EL68C 38913040 960£668£ 960£668£ 38913012 w ao w W m w 00 m c0 °0 °d'o A 4� A cwn p 38913042 38913014 a) 38913041 38913013 QUITO 0 w a a Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 4 - Sheet 7 of 7 AVE. co v 0 v O v 0 v o �n 0 v �i, o N O d- M O � d- O o co 0 0 oo 0 O 0 38914060 rn M M CO M rn CO M rn CO M rn CO M rn CO M rn eo M rn m M rn m M rn M rn m M rn m M 38914061 o co 38918045 38914062 0- CO o ° o CO M o � CO .A CO o N N ' O O o A Cl M 'A Cl o �' O 0 V O 0 V O Q 38918047 M `� °D 38918018 38918004 M CO M 38914063 AAr �4� ^� ° o CO 978 �b°� M M X89,80 pis 3Q 38918057 eov Nv 117 0 (M V O co co CD AVE. 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U 38918027 � o o o M o 38918037 38918054 38",�'020 38918028 38918036 38918055 & 38918056 a �9Q �9-> 01- �9 �� p� M M co �� �4� ^� ° o CO 978 �b°� M M X89,80 pis 3Q 38918057 eov Nv 117 0 (M V is Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 5 y �o�, ti s moo oho o`� °R Fq �� h� � kA' 6530 40 ,ham° 'TO iry 6530 6530 Mo Soho° oo� 10 6530 3 653 530 6530 6530 ohti° b4, 000� °�9 6530 3gss '0 y�° co 000c�L 3 8 3p0 0 `boo 8653009 � ono o o hR 500 3 S 865300 38652012 gg6y2 °16 30653 °11 °12 g�6y20� o od'6� �o�o �.�Q °9 38652011 / 30653 653013 i 30 / 306 c� 0652 6r1 .n ° °� °10 300 00 \ 0 0� 06, o a 006' 6, �� 300 0 , 00 006 006s� °2 `°, ��6 � 38641004 Op b�k d 3000 30 °p3 306 30 �4' 6� °ti3 306°` 3�6yao53 �86a� °o2 30 306�p24 �� 306 °R2 306 °yR ��� ^ °O'� 4N Zone 5 Property with Assessment Number. N Zone 5 consists of 120 properties. 306y�p2y 306 °a� 306 °55 366`'�p26 366`��,0 �o6h�o� 9 �� 366p21 3064°3 05�`p20 � SIP Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 6 0 0 50353006 M Cl) 300, 0 50353004 50353009 ,� y a� 50353010 50353005 SO w 50353011 06,E 06'57 i 50353062 5035308' 50353060 � HILLS 1 h M O 50353014 0 CO CO f �J to h h O h 503y3020 50353021 ohs `A y0 � w CO Cn 600 LO 50353058 N 50353051 50353023 50353055 0 N O 1 50353024 y a M °w w 0 o v ° w 50353025 w -� CD k - SARAVMW DR. 50353028 50353044 50353030 50353031 N ip M o 3530?) 503530 2g 50353032 50353043 0 LO M 0 o m «' 3 5035 50353033 5p353042 067 9000 a 50353034 ho � My 5p3y3p35 .17 �o Zone 6 Property with Assessment Number. Z 50353036 Zone 6 consists of 64 properties. 9, A o V N M N rn � SZ0'216£ M p 0lpb2166 00 X026 9 �`� M N y00�Z ° o 1ply2l6F Mo �N ^� °tea Z llp��l6� J� epp�Zl�IBO °y 000` N 22 Ols2166 0 0 bZl6E �Z M o`"� �sF rN 00 l£0£2l6C ^ rn E1p�2l6� Q llp�2! o�N`V M B0 100° ` o M 91 s� I00. �' 850ZZL6£ vc- moo Eyp� slp�2 0p02l6E op2216 3g1 �2p56 y� o o 1 •FV b !62 0 �' °j1� 0 1ti 0 °'� ry 02p Cv0 °� o pe2l6E 4 Q� 2l p22lsf °o° o p, 2g1X2001 On M cli oo° 062 \/} 11 p�216� oo� N ! 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N o o � 60ri o M ° 5032605, cD M -4 S0g26066 50326003 S °3260'3 5p3260'4 50326055 v S CD 50326015 026 co CD OS6 "' 50326035 N \Y 50326048 Ln 126 III `n M h iO3 N LO 0 1 S03 S s0 ?B Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 7 - Sheet 8 of 13 J T �/ `1 R Units - 67,68 ON nit 5,6 Z Units nits �Q its 7,7 nits 7 Units 1,62 9,80 Un' 9 60 Units 57,58 Units Uni Units 1, 2 6 81,82 Units Units 53, 54 nits 83 84 , 4 9,10 nits nits Units 9 nits 95,9 3 it 85,86 Uni Units I 5, 6 7,88 51,52 1 Un Un 9,90 7° 8 9,50 Units Units Uni n 1 10 91 92 10 47 48 Uni I Units 103,10 11, 12 45,46 Units Uni Uni 05,10 13, 14 44 Unit Units Units 7,10 Un' 5, 16 41,4 17, 18 109,11 Units Uni Units 19, 20 111,11 ,22 nits Units 9, 40 nits ni Units 3124 7 3 5 6Units 26 3313 Units Unit # APN# Unit # APN# nit 1L 503 73 -001 21L 503 -63 -021 1, nits 7, 2 2U 503 -63 -002 22U 503 -63 -022 29 30 503 -63 -00 23L 03 -63 -023 4U 503 -63 -004 7 24U 503 -63 -024 5L 503 -63 -005 25L 503 -63 -025 6U 03 -63 -006 26U 503 -63 -026 7L 5 -63 -007 7L 503 -63 -027 80 503 3 -008 2 U 503 -63 -0 9L 503 -63 -0 . 29L 503 -63 -029 10U 503 -63 -01 30U 503 -63 -030 11L 503 -63 -01 31L 503 -63 -031 12U 503 - 63-012 32U 03 -63 -032 13L 503 -63 -013 33L 3 -63 -033 14U 503 -63 -014 4U 503 -63 -034 15L 503 -63 -015 3 503- -035 16U 503 -63 -016 6 503 -63 36 j 7L 503 -63 -017 3 503 -63 -0 7 1 503 -63 -018 38U 503 -63 -03 19L 503 -63 -019 39L 3 -039 U 503 -63 -020 40U 503 -6 04 Unit # APN# 41 L 503 -63 -041 42U 503 -63 -042 43L 503 -63 -043 44U 503 - 45L 503-63--045- 46U 503 -63 -046 47L 503 -63 -047 48U 503 -63 -048 49L 503 -63 -049 5OU 3 -63-05 51L, 503 -63 -051 52U' 503 -63 -052 53L 503 -63 -053 54U 503 -63 -054 55L 503 -63 -055 56U 503 -63 -056 57L� `503 -63 -057 58U 03 -63 -058 59L 03 -63 -059 60U 03 -63 -060 61L 503 -63 -061 I 62U 503 -63 -062 63L 503 -63 -063 64U 03-63- 64 65L 503 63`- -065 66U 503 - -066 67L 503-63-067 68U 503-6-068 69L 503-63 - 70U 503 -63 -070 71L 503 -63 -071 ,72U 503 -63 -072 73L 503-63-073 74U 503 -63 -074 75L 503 -63 -075 76U 503 -63 -076 77L 503 -63 -077 78U 503 -63 -078 79L 503 -63 -079 80 503 -63 -080 81L 503 -63 -081 82u 503 -63 -082 83L 503 -63 -083 84U 503 -63 -0 85L 5 -6 - 85 86U 503 -63 -0 87L 503- -08 88U 503 -63 -088 89L 503 -63 -089 90u 5103-63-0,90 1 91L 50 - -091 92U 503 -63 -092 93L 503 -63 -093 94U 503 -63 -094 L 503 -63 -095 96U 503 -63 -096 97L 503 -63 -097 98U 503,637098 99L 503- 3 -099 1000 03 -63 -100 101 L 5G3-63-1 01 102U 503 -63 -102 103L 503 -63 -103 503 -63 -104 503 -63 -10 X04U 503 -63 -106 503 -63 -107 503 -63 -108 109L 503 -63 -109 110u 03 -63 -110 111L 3 -63 -111 112U 50 63 -112 1 N i \ j lipO O 6� Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 7 -Sheet 9 of 13 128 o o �. �S 0 �1 ST 0 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 7 - Sheet 10 of 13 �•�' 4O o FRR o 0 S iN 5"x"2033 h S� JI A V� 1>>2p02 to 20 ?� 12030 o�ti 6 00 0 h rn N � S�j�3035 \ 51718028 1,303 h^ o� ^^ o M h P129 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 7 - Sheet 11 of 13 o � ° �^ 61,-10019 S1 X10018 °�op O o^ h o i110020 0 51X10035 51 ?1'063 1 ,2 Q h^ `s7j S ?7103 1 S OR S S7 �1 j110S2 s,,'��� ,OSO o S1 X11075 �. 1,10044 1051 sue' CO LO 0 °ter, o j S 1004S 17 SO S1j 51727011 ^ S1j1 5111049 17033 N h .i 0046 S1 5177 S7j N 51 j 8 1054 2�0 1- ��0 v 1 0022 j 11040 `1 LO S1j10 S1j7104j 51j1105S 51 ;2� 51?2j013 5� 023 61 10024 11046 51j110S6 � S7) ^� 57;2�01, 2j008 ti S1X11045 51 1105, � �'� 24 � C) S 7 1j11044 511 >OS8 s,��0o� 51727006 51j11043 S >> 7705 9 51 2�?.1005 51711042 0p3 y11 51711:: �100� S7)2j004 51j2;10p1 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 7 - Sheet 12 of 13 09 090 09 7090 67709024 57,090? �\ S 677 t^ 09026 • ` 67709027 734008 O� 5 3400 340 �O 7 5 34 2 4 ` S 517 004 773407 51 n 7340 57709087 V 7709080 7 3 709087 • S 677 090 10 1 7>0 �\ 57)770`907372 Og �� 5770 074 S770 9073. • 57709p 9076 77 677 Og / 577070905666 S770 903,4 S7j0 9053 67709 9062 057 N • 131 di �a co to Cl N N \S Cl) Cl) N 0 N r M d' O co N N a) M � N � � O Cl) co cli �I 1908�`6E C o N U') OM N d CO N co N 1-- N co 39728066 ,_ N o' ,_ M (a V N L 39728032 lZ o O cul O •� CO 39728033 08Z�6� °' � Q � 39728020 O w • 39728034 39728019 ZZ co 39728018 O 39728058 39728001 (n Z 39728055 (n v O 39728059 39728002 y � 39728054 39728056 39728052 -1 Q Q 39728016 a O 39728057 N 39728015 39728053 `Cn �— -� 39728037 L 39728014 39728004 Q 39728013 39728005 Z J 39728038 39728006 Q 39728012 39728049 M LO v o N 5p 39728042 N N m co 3(1N 3nd VOO'V "VS zQ Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 9 IN ORDON CT. L AV F 38651016 38651017 38651018 38651019 38651020 38651021 38651029 38651028 38651031 38651027 38651032 38651026 38651033 38651023 38651025 38651024 38651034 38651035 38651037 38651036 38651038 LJ P� 386510 38651039 J 38651046 ' S O > 38651047 38651040 jnij 38651045 38651041 VC G 38651044 38651010 / \ 38651007 38651008 38651006 38651009 38651005 38651004 38651002 �• 1 • 38651003 38651001 CT /4V-K I 38651042 WILLIAMSBU 386510 � I Zone 9 Property with Assessment Number. N Zone 9 consists of 48 properties. A COX Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 10 BLAUER F 39302035 39302034 39302033 A ^ G 39302038 39302032 39302039 39302031 Z Q W TRICIA WY. 0 Zone 10 Property with Assessment Number. N Q� Zone 10 consists of 9 properties. A 4 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 11 - Sheet 1 of 2 39320 OA8 v v H 39320045 N rn o° M � Cry VIA LV 39320009 9 o ^ q o 39320008 39320007 yo o^ DR. 39320006 w� �° 3g32p01Q � � O 39320005 �r'o° �/ /q �`5 �� °° J 39320004 �s 393 39320020 932002`• �N q 39320003 N 393200 GRANDE DR. o m 932002 , 39320002 M ��ti 3g320p32 o° 0 3g320001 3932p028C ^ 3932003 39323 ° ° 39320030 / 393 2407q �0 ^6 9 r -1 ?OS3 Qom•• 0��0`L° 393220'« \ 39 a ti 3- 3 ?2pS4 x`93 39322030 393220.35 393 , 39322031 ° 39322023 ? ?oSO g3 39320029 3 �2p56 09 --"2032 3g322032 ����� 93 201 22021 2 3p� 32 R0 7 3932 p0 9 2pS� ��C/ 393 9 39322033 o N X991 LO 072 28 393 �2p5 Z� 220A8ry 39322015 q 3932 8 Op ( 39322034 307 �h0 Og`L`ti 0 gRV 9�P3° 3009 l� 3932 3932203 393 7Q w 393 �2p T "'9� S 230�S o, BO w 22OU 3932 39 39323078 w� ° 39322061 °� 2038 323018 393230 7 1 300 39322062 99302 w Aw _ y X03 i do �o �ry R° c� 8 39322063 31)151 - ° °,� ti06� 04T �b °fib ° �ryry °�� o �y9 O� n Zone 11 Property with Assessment Number. Zone 11 consists of 250 properties. 39322014 \3932 ?0j3 39322011 393 ?20 VA z w o CUMBERLAND 39313015 �� tiLOVL£6E L004L£6£ 39315012 39313016 3931¢013 39314002 39314008 w 0 D C) w o' 0 39313017 39314012 39314003 39315011 D O w 39 6 06041£6£ H 313018 �O 4004L£6£ w o 900���6 4 39313019 TEN OAK WAY - w w w w w 3931 £6£ 9p66 w °' N VI V 39313021 £6£ w w ° £g£ 39319057 oli 39318060 � �, CD 393130?? c 39319058 r ,� VIA 393130 39318059 Q 23 n (n 0 39319059 £L06L£6£ 39319018 D N r �, /}� , v 39313024 C 3931901.2 Z o 39319043 39319060 3g3j6p68 39319019 39313025 (D 3931gp � 39319042 39319061 (D ` ^iiY 11 393 39319020 13026 Q, 1-1. A w 39319010 39319041 39319 062 0 to , N qti�4 Y 39319040 39319063 6p06L£6£ VIA BL NC w 1 1V w w 3931.9064 VIA ESCUE o 8006L£6£ a� o 39319039 CT Z 39319038 39319 L006LE6£ L9 w `A 39319031 � `j' M I` �o 39319066 gp06L£6£ � 39319037 dy�� C7 393190 NA X66 ��� wow "'9 T PA Ap1, 39319036 39319068 ti 0 39318035 6906L£6£ Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 12 i � W V- W o w N O ;v D � F o� M Zone 12 Property with Assessment Number. N Zone 12 consists of 9 properties. "I R M M i� O7I o� P� 38921001 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 15 38921002 38921003 \ 3�g0"1o0� 909,1ooy / ti^ eti 0 w ti N N 3�g2,�p1 - ^h ,o 00 v !� 38 10 0`1.1p21 '9 °nN g0 / 389 10 9 w pv N 6 N � \X 921021 �oti9 38921025 3892AO? 38921030 OO 38921023 38921031 N o w°' o 11,99 892��35 M � 0 rl 38921036 V38921038 q 22 - Property /V O 3ssz1oal Zone 15 with Assessment Number. \' l � Zone 15 consists of 41 properties. 138 \ II 11 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 16 r 36605078 \ 36605077 yom \ o0 00 36605024 150 -10�y BURNETT DR. I Q 0 �o yoo h° 36605027 36605071 36605026 36605028 36605070 36605029 v 366oyp69 36605030 0 oyp6B 0 366 N 36605031 `766060 3q 36605035 f 36605036 �C ® Zone 16 Property with Assessment Number. N Zone 16 consists of 55 properties. 36605038 P�\ � 66py�6 3 3666y66 ;; op9 1 05 36605047 366 3666yp6y 36605046 366050y0 ""'boo 36605p51 3666y663 36605045 3666y0y2 3666y662 36605044 X63 36605061 Q. 66605 36605039 36605043 Ohp 36605060 �66oh 36605042 36605040 6 06S S 6, o lop 36605041 Nov \M N 0 0 \ o ° � � CD z QUITO v0 w am 4 ° 4 strop 1, i w oNO l� Q � N O � c' c'' '" N ° `� g�32) 0�2lip" �2S 40327058 680LZEOb 4032709p �� L90LZ£01� g►.08Z£Oti 40327026 40327059 40327056 40327088 40327091 40327027 n 40328015 40327060 r V1 m 40327087 40327092 40327055 40327028 m 40328014 D 40327054 40327061 (n 40327086 40327093 40327029 � 0 40328013 = 40327053 40327062 40327085 40327030 40327094 Z 40328012 O 40327052 40327063 40327084 40327031 ;0 40327095 M 40328011 m 70 40327051 40327064 40327083 40327032 40327096 F 40328010 40327050 40327065 40327082 40327097 40328009 40327033 40327049 40327066 40327081 40327098 40327034 40328008 40327035 40327048 40327067 40327080 40327099 40328007 40327036 40327047 40327068 40327079 40327100 40328006 40327037 40327046 40327069 40327078 40327101 40328005 40327038 40327045 40327070 40327077 40327102 40328004 40327039 40327044 40327071 m 40327076 40327103 40328003 40327040 40327043 40327072 40327075 40327104 40328002 40327042 40327074 40328001 6VoLZIOb ELOLZ£Ob 90LLZ£Ob 40328095 40328094 40328093 40328092 40328091 40328090 40328089 40328088 F40328086 40328084 40328083 40328082 40328081 40328080 40328079 40328078 40328077 N A S n n A , I �1 r ~ ��., � ^_� A = A � i►r OLZ£Ob AO �c4 O 43260 8 40328029 �0"' &0 0g08Z£Oti 40328059 C 40328058 � 40328057 N 40328061 N N 0 A w � r 0 D < n'I • 40327018 327017 327016 40328062 40328030 40328031 40327015 40328063 40327014 40327013 40328064 40328032 C n'I 40328056 40328065 40328033 40327012 40328055 40328066 40328034 40327011 40328054 40328067 40328035 40327010 40328053 40328068 40328036 40327009 40328052 40328069 40328037 40327008 40328051 40328070 40328038 40327007 40328050 40328071 40328039 40327006 40328040 40328049 40328072 40327005 40328041 40328048 40328073 40327004 40328042• 40328047 40328074 40327003 40328043 40328046 40328075 40327002 bb08ZEOb 40328045 9L08Z£Ob 40327001 N 0 CD N N N �c� O CD 'j N r b O � N 00 �j a1 � O � CD CCD CD z v� Z I � M. ow 0O'* 2% 2008499£ P 38648001 W w w w w w w w w D N s n 38626035 Zg09Zg8E £909299£ 6909Z99£ w A °N 36626036 �7 38626061 b909Z99E 38626068 N � W W 319 O m 38626037 626060 ti°j�� p� N 38626059 ` 38626066 -LG gq B1 3,626 063 850g2ggF, 38626051 38626054 38626057 o N o 38626050 38626055 38626056 0 0£OL£99£ 61,OLE98E gvOL£99£ 38637007 900L£98£ 6ZOLE98£ OZOLEqsE L�p1E9gE 3,63j0 08 gpOLEgBE 6 gZOlEgB �ZOLEgBE Q g�OLEgBE 38637009 yO01E98£ 3 LZOL8g8E 060L99E £ ZZOLE98£ g1OLE98E �p E001£98E 9ZOL£98E £ZOLE98£ � 4LOL£99£ ML£99£ ZOOL£99£ 36 38637025 VZOLE99E 38637013 Z60LE98£ WOL£99£ N �' D N s n � CD CD CD CD i►r Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 22 - Sheet 2 of 4 3863,50,53 y860302 38603019 'ua6p3p29 oocnon,o 33633yp55 1 ,5062 w • 000wu 1 r ° 63 6 38603031 35064 6350 a 38603016 w 3$60303A ° ° 19 860301 6030 0303 03012 E 3B6 3B6 0000'�oo0 860303 D `14009 3pO�o 3863401 o0 662701 N N N3 627 270 5 N N 3 6270 2 N ILfl O O O O O 00 OD OD M M O �M M M 86270Ci 3438627039 3862704 38627047 e q38627017 862703 862703 R 862704 3862704 862803 O J N V 862707 8627072 8627031 862703 Z 386270433862705 862803 396 ?�0j1 � 38627069 1�1 862703 62703 62704 8627051 862803 862706 � 3862701 862702 386210A0 38' �' 862705 Y 862803 862701 38627028 ,�° w� 862705 ^; 38627064 862702 3862702 2�os6, 9 g8627054 306219 s 8627021 38627026s ?moo 8628021 862802 1d°2 °z s8 ° N 862702 Q 38627025 862705 862802 862803 M a� V M 38628022 363506 �� 862702 38627024 862706 N 3 628 628 28 280 862802 86280 w6 635030 U MIL LIKLLE �s2Bo 'sow' 862906 38629065 3862907 862900 U 862900 a 38628019362801462801 1116 m 38629063 38629066 >0-3862907238629003 J 862900 cN wwrn 62 8629011 m o win 386290 ,.�a79061 8629071 B' `18 _ ^' M M M M "86 0 V 63 W b0j4ul103863401 °d 860304 0 860303 38634008 98 p °Ai oCDO ry ELISA AV E. w��wp oobo^ 863401 863401 oo� Mo wwrn 5863406 6340 38634006 3863A013 0� 386340, M 0 0 0 0 0 0 0 o p 38634024 M M M M M 38634025 °2s 863404 M M w6 C w 9$ b 386 0 38634063 06��0 3 63404 o�bo° 3404) 38634061 3860 38634062 3g63A039 3863AO4o 9�63y 38634046 38634052 38604 \ O6' oMOO o c�MO coMO 3860402 M <`J A 3629061 oo`Oo O ^Dory 62906 0 38629005 86'9006 862901 w M 38629060 366 wrn o o "; o Q 031 3B 29043 �o cNO cNO � m 3629 38629059 6904 a M M M 0D AI Q MIL CT. / � � 3862 2 38629077 0 LER 386 38629076 CN 38629014 862905 862905 N N N 0 0 ib o o 38604030 � � o 7 M N p 38604031 M w 386p4032 DORCF O U) 38604033 38631055 38631056 863105 �, Uo4uu w J O CJ m M 38604034 38631054 38631057 38631058 38631062 o M M M o�o�000� �M 386291 M 7AR ,)Q1 9030 8 29029 w 3829012 DR. 1 N 863 N 38632015 i 38632025 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 22 - Sheet 3 of 4 38650056 'UU75 0o w o 0 ow, �O o Lo' 38650017 oso o'o � O° M o o o�" EW h CT. 38650037 38631032 3863A p31 38631012 °w 38650036 w NT E 38631013 v 38631030 M O 38650035 ai 38631035 °$ p 38631029 38631014 3 38650034 w 8631036 38631028 38631015 -� 38650033 M 0 E 38631027 38631016 0 CO 3B631p39 38631026 38650032 M 38631017 3 86 ° 38631040 38631025 38631018 ,5003 w NEEQN :D 38631024 38631019 M O o -c, 863104 38631043 38631023 38631020 N U 3� J c0 w �06� �+�,0'X W W nj�C��J N 38631046 ROC KTO N ' o p 386370 Q8 to m 3 00 00 M M AVE. 38901002 38901p33 0 0 ° rn O o N ^ cp M <`�'J � O O O O M rn � 3890' 2 Cl) 38901003 M °o o�ooa o GLEN BRAE Cl) M o ¢ �� z DR. cl) 3�°' 90 38901010 3$9p1��� °00 890101 0 0 0 rn o m o 3890 � 3a9 1 M co �°g 'm 008 3g90�p12 � 38901014 0 91_ N ` JUN�IP 38631011 38640018 W 38631010 38640019 Q 38631009 38640020 38631008 38640021 38631007 38640022 38631006 38640023 38631005 3664p024 38631004 38631003 3a6R���y 36 o 0. 64p026 O O O Cl M O O "rn w Z 05 864002 386Qp031 N wm 38902003 38902010 cD 389020, 000�000 ^ 38902004 1 0 00 38902012 38g02p0S M 890201 3890200 8 890201 890201 z 38902021 38902022 w w 0 0 38902023 i CA 3 0 38902024 89 OS00 38902025 ow . 9005068E oo = "0 38902026 W ID w L0z5z6$£ Cl o 38905010 0. o CD 38905011 2109068£ 6�p506O go 0 y y? w — O�O o co w w w w V � m CD cn CD O 0 N O OD Cfl O 38905022 N AVE. w w co co � o CD Ao 0 0 0 O W A O A Cll � V 3864000 co C. 8£OLV98£ ° 38640037 S ooh' CD CD n C, 200LV98£ 38640 < 00 SVOOV929 038 Z 38640007 wo 38640039 0 38640034 38640002 8 j00S 00, £OOLV98£ � C 38640008 0 w Z VVOOV98£ ££OOV98£ 38640001 w OVOOV98£ ��� 6000Vg8£ �VOOV98£ 16� °° 08 C. 3864p042 w Q'o j07 o o m � w 900£Vg8£ co 0 °o w 6, w °o, 38643007 0 o 38643008 0 co 0. ww w w 0£0£V98E80 ICU N N o owd'' 38643009 38643029 o Co z 38643022 w w 38643017 38643010 owo w 38643028 38643023 A A o V 38647028 38643016 38643011 38 n w N) 38643027 38643024 38643015 04j033 p 38647029 38643012 N o 38647030 38643026 920£V98£ 4 ° 386 3014 38647039 w (b m 0. C%) D �o�tl9g£ 006A0009 p rn w 38643038 O 38622010 60OZZ98£ N D CD NsnCD CD (D CD � rbi�1i v �h cc i►r Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 24 - Sheet 1 of 3 00 00 z Zone 24 Property with Assessment Number, one 24 consists of 132 properties. 0 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 24 - Sheet 2 of 3 03250 325 4 /032503 50325003 032503 03250 50325032 6-09061 76 376 S ' = S1� 376 �`�Sp �B .� 08060 5j ,-0g05 s 9 376 °`��s �3670,O3676 76 6 o`s 3250 �� 170908 3760 325 1o°jo 170908 $° �' 170908 6> 50 0 170908 s°o2 5 67 9670 170908 o° J 036700 08 s s� >° • > & °�� 670 2 5 0 0 708 ^ o `S °u' csO7 o s >> °moo � s o s� os ms so m o s s S° 0 N 1708004 C- CAP • oQ- 6 P Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 24 - Sheet 3 of 3 Units ti 4,18,19 Units 3, 16, 17 Units 5, 6, 20, 21 Units 2,14,15 Units 7, 22, 23 Units 1,12,13 �� n24,25 Units \ 9, 26, 27 Units 10, 11, 28, 29 N P 147 Unit # APN# 1 517 -29 -001 12 517 -29 -002 13 517 -29 -003 2 517 -29 -004 4 517 -29 -005 15 517 -29 -006 3 517 -29 -007 16 517 -29 -008 17'\l 517 -29 -009 4 517 -29 -010 18 517 -29 -011 19 517 -29 -012 5 517 -29 -013 6 517 -29 -014 20 517 -29 -015 21 517 -29 -016 7 517 -29 -017 22 517 -29 -018 23 517 -29 -019 8 517 -29 -020 24 517 -29 -021 2 517 -29 -022 - 9 517 -29 -023 26 517 -29 -024 27 517 -29 -025 10 517 -29 -026 11 517 -29 -027 28 517 -29 -028 29 517 -29 -029 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 25 50321030 50321033 50321031 50321032 50321034 50321029 GLgY O 50321036 Q 50321028 50321035 O W O Z LPG CQ 50321027 Q 50321025 O O 50321024 Q 50321026 50321023 50321022 Q W Zone 25 Property with Assessment Number. N Zone 25 consists of 15 properties. Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 26 � w � � o A � 389 � M Ay 0 389 Op9 O TWO �O W1b p�� 440 38 08 38944036 9 9RA °p �A °per 389gAO3, AAp 6 3 �, 89gAppS, (� `?8g 9�0�'8 38944034 8944004 �vV 38984 44 3g 389033 040 38844032 O47 PO�� 3894404 4403 2 389 °43 F 389 °oti c RR c 3 °44 11(991.10 Boa N � F ao 4 944 0� 38944025 38945 S � o Mo 3 38945070 00 9 38945040 LO N 8945077 894501 � 010 p21 38945039 LO 8945 r7`� 3 v M oo�c�o ^� o ^� 894 38 3894Sp �2 38945038 945023 894 1 3 94S0 ?4 38945036 894503 8n �q> 0 Zone 26 Property with Assessment Number. Zone 26 consists of 94 properties. /� \V 3 ;945033 '0, h o ^00 oti� n 38 `O 945 Boob o0 032 00 Oa M`b '3$9�yp3� v 4 403 3a9� o� 0 m°' o°a R "'00 C. v rn M Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 27 N Z 39302014 o a 39302013 0 39302011 M W CO C/ o� TRICIA WY. �M 39302016 39302018 39302017 39302019 39302022 39302021 39302020 39302023 N G 39302029 39302024 oQ 0 39302025 39302026 10 r 39302027 39302030 39303022 39303021 �o 0 39303015 ow o� 39303020 K I L B R I D E CT. 39303016 39303024 O 39303019 Q 39303018 ti 39303025 0 V ° Cl) 0) CO MILJEVICH 0 Zone 27 Property with Assessment Number. N Zone 27 consists of 31 properties. A 150 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 28 O� 38943016 ��P P� �P� 38943017 SP n 38943018 Z7 Z 38943023 38943019 VIE r m ; "� 38943022 M 38943020 Z 38943021 C 38943014 M od, 38943013 38943011 38943007 38943010 wo 0 w o o � 0 Zone 28 Property with Assessment Number. N Zone 28 consists of 16 properties. A 1 50362007 50362006 °O°' 50362005 7 OG7 N 0 �G °w M 50362009 50362010 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 29 Iti 50355036 somas o��5p32 ° 50355029 0 LO 0 s ti w 0 50355075 603SSp3j sows < s 6035y01� \D 50355038 ��° U') ° w 0 S M LO �3SSO39 ��A� S�3SS072 h 5035501 r 0 L0 O O sow ��� °�0 50355010 ° 50362003 W ho °O°' 00 7 0 M ao 5035�0�g g CO o to 50362002 cn M o LO w v o h 0 p l� LO 0 o LO w cow o LO ��° 50355005 O 0 LO w `° M M CD h h LO I N O h � 0 LO 50355071 10 50355002 0 ° SSO S9 w 50362011 En L LO o / CO L°n Cn CO 50355070 n Zone 29 Property with Assessment Number. N Zone 29 consists of 61 properties. A LO °rye `r' blOblO16 gMeRI,C Z RQ Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 32 36622023 RITA o o KIRKMONT EED El El HL 38630039 38630038 38630036 LLJ 38630037 i 38630035 Z Z M N a 36612054 0 38652033 36612065 38652032 Ln SEA GULL \\ 36612066 I 0 Zone 32 Property with Assessment Number. N one 32 consists of 12 properties. Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 33 39737007 39737009 39737008 39737021 � 39737010 39737005 39737002 39737004 39737011 39737003 39737012 39737001 O� �Cn 39737013 39721035 1 39721034 \' 39737014 39721033 �O 39737015 39721032 O 39721031 • l 0 Zone 33 Property with Assessment Number. N Zone 33 consists of 20 properties. A 155 Assessment Diagram City of Saratoga Landscape and Lighting District LLA -1 Zone 34 a Lei c 4� U W r I I 2—j r--T--F MC KELLAR DR. 37821011 37821010 37821009 / -- 37821008 37821007 37821006 37821005 37821004 37821003 37821002 37821001 37825029 BROOKHAVEN DR. 37825028 37825017 37824043 37824044 S� 37825015 37824045 37824046 37824047 37824048 37825027 O Q 37824049 37824050 37824051 37824052 9O 37825016 37824042 37825026 37824029 37824028 37824027 37824026 37824001 3782501 37825014 37825025 37824041 37825013 BROOKN L3 824025 37825019 37824040 �E 37824003 37824002 37825024 37825012 37824030 C 37824024 37824031 37824032 37824004 37824039 37825011 37824023 37825020 37824038 37824037 37824033 37824005 37825023 37825021 37825010 �Z 37824022 BR O 37824034 R 37824006 37824021 37824007 37825022 37825009 37824012 37824036 37824035 37825008 37824013 / 37824020 O / 0 ^ 37825007 (%� tltii 37824011 37824019 37824008 37825003"• CT. 3782401 37825002 L 37824010 37824015 37824016 37824017 37824018 37824009 37825001 37825004 1 37825005 37825006 PROSPECT RD. � - s 0 Zone 34 Property with Assessment Number. N Zone 34 consists of 92 properties. A r1q. A CITY OF SARATOGA City of Saratoga Landscaping & Lighting District LLA -1 Engineer's Report Fiscal Year 2013/2014 The undersigned respectfully submits the enclosed Report as directed by City Council. C. Stephen Bucknam Jr., C20903 Lyn Gruber Koppel & Gruber Public Finance City of Saratoga Landscaping & Lighting District LLA - I Fiscal Year 201312014 Engineer's Report 157 u � SARATOGA CITY COUNCIL MEETING DATE: April 17, 2013 DEPARTMENT: Public Works PREPARED BY: John Cherbone Public Works Director AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone Public Works Director SUBJECT: Landscaping & Lighting Assessment District LLA -1; Resolution Describing Improvements and Directing Preparation of Engineer's Report for Annexation of a New Zone (Hill Avenue Tract 10168 - Zone 35) to the City of Saratoga Landscaping and Lighting Assessment District, LLA -1 RECOMMENDED ACTION(S): Move to adopt the Resolution describing improvements and directing preparation of the Engineer's Report. I ._104 a].711LY OUT I►5/1.7•� Background: New clean water rules require municipalities to perform ongoing inspections of improvements made on private property that are required under the National Pollutant Discharge Elimination System (NPDES) permit. An assessment zone to pay for the ongoing costs of maintenance and inspection will benefit the properties created by the new development. This is the first private development which falls under the new clean water rules. Discussion: The attached Resolution must be adopted to initiate the annexation of a new zone (Hill Avenue Tract 10168— Zone 35) to the Landscaping & Lighting Assessment District LLA -1 for the upcoming fiscal year beginning on July 1. Procedurally this means that assessment ballots will be mailed to the property owner(s) within the new Zone. Ballots will be separately tabulated at the close of the Protest Hearing in July. Only those ballots returned by the close of the Protest Hearing will count towards determining whether a majority protest exists. Page 1 of 2 158 FISCAL IMPACTS: The costs associated with administering the Landscaping & Lighting Assessment District are recovered via the assessments levied against the properties, which receive special benefit from the services provided through the District. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Resolution would not be adopted and the process of creating a new Zone would not move forward. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Work on the Engineer's Report will begin and submitted to the City Council for approval. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time. Eventually, notices and ballots will be mailed to certain property owners as required by law. Additionally, notices will be published in the Saratoga News as required. ATTACHMENTS: 1. Resolution describing improvements and directing preparation of the Engineer's Report. 2. Exhibit A- Description of Zone 35 Improvements 3. Exhibit B - Zone 35 Map Page 2 of 2 159 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR ANNEXATION OF A NEW ZONE TO CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: 1. On March 6, 2012, the City Council, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, adopted Resolution No. 13 -008 Describing Improvements and Directing Preparation of an Engineer's Report for Fiscal Year 2013 -2014 for the City of Saratoga Landscaping and Lighting Assessment District LLA -1; 2. The improvements to be constructed or installed, including the maintenance or servicing, or both, thereof, in this new Zone (Zone #35) are more particularly described in Exhibit "A" hereto attached and by this reference incorporated herein. 3. The costs and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon Zone #35 of said District, the exterior boundaries of which District are the composite and consolidated area as more particularly shown on a map hereto attached and by this reference incorporated herein as Exhibit `B." 5. The City Engineer is hereby directed to prepare and file with the City Clerk a report, in writing, referring to Zone #35 of the assessment district by its distinctive designation, specifying the fiscal year to which the report applies, and, with respect to that year, presenting the following: a) plans and specification of the existing improvements and for proposed new improvements, if any, to be made within Zone #35; b) an estimate of the costs of said proposed new improvements, if any, to be made, the costs of maintenance or servicing, or both, thereof, and of any existing improvements, together with the incidental expenses in connection therewith; C) a diagram showing the exterior boundaries of Zone #34 and the lines and dimensions of each lot or parcel of land within Zone #34 as such lot or parcel of land is shown on the County Assessor's map for the fiscal year to which the report applies, each of which lots or parcels of land shall be identified by a distinctive number or letter on said diagram; and d) a proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, including the 160 maintenance or servicing, or both, thereof, and of any existing improvements upon the several lots or parcels of land in said district in proportion to the estimated special benefits to be received by each of such lots or parcels of land, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto. Only special benefits are assessable; special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the assessment district or to the public at large. 6. The Office of the Public Works Director of said City be, and is hereby, designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may becontacted during regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070 or by calling (408) 868 -1241. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 17th day of April, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Jill Hunter, Mayor ATTEST: Crystal Bothelio, City Clerk 161 Hill Avenue Tract 10168 - Zone 35 Description of Improvements The District provides a funding mechanism for the ongoing maintenance, operation and servicing of landscaping and public lighting improvements that provide special benefit to the parcels within the Zone. These improvements may include, but are not limited to, the design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures, curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy for any electrical facilities or operation of any other improvements; and the maintenance of any other improvements. Maintenance services will be provided by City personnel and/or private contractors. The proposed improvements to be maintained and services are generally described as follows: Zone 35 (Tract No. 10168 Landscaping and Lighting District) — Provides for maintenance of landscaping (bioretention treatment swale) on each lot of Tract 10168. 162 Assessment Diagram City of Saratoga Landscape and Lighting District LLA-1 Zone 35 EM Zone 35 Property with Assessment Number. N Zone 35 will consist of 5 properties. i 163 ree-10 L u 7 SARATOGA CITY COUNCIL MEETING DATE: April 17, 2013 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan DIRECTOR: James Lindsay SUBJECT: An ordinance applying AP /OS Overlay Zoning to the property located at 22101 Mount Eden Road. RECOMMENDED ACTION: Waive the second reading and adopt the proposed ordinance. BACKGROUND: On April 3, 2013, the City Council opened and conducted a public hearing, introduced the ordinance, and voted to place the ordinance for a second reading and adoption on consent. DISCUSSION: On April 3, 2013, the City Council adopted a resolution approving the annexation of 223 -acres of property located within the City of Saratoga Urban Service Area Boundary. One of the annexed parcels is a 103 -acre property located at 22101 Mount Eden Road with a zoning designation of Residential Open Space (R -OS). This property is subject to an existing Williamson Act Land Conservation Contract which restricts the land to agricultural and open - space uses. A Notice of Nonrenewal of the Williamson Act Contract has been filed with the Santa Clara County Recorder. The existing contract is scheduled to terminate on January 1, 2020. The entire 103 acre parcel is to be made subject to the Agricultural Preserve /Open Space Overlay zoning. The AP -OS overlay promotes agricultural uses and such zoning amendment is required for land on which Williamson Act contracts are executed. The overlay zone thereby encourages and preserves such contracts in accordance with the policies set forth in the General Plan. A copy of the ordinance applying AP /OS overlay zoning to the property is attached. ALTERNATIVE ACTION: 1. Deny the proposed ordinance amendment; 2. Modify the proposed ordinance amendment. FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ATTACHMENT: Zoning Ordinance Amendment 164 ORDINANCE AN ORDINANCE APPLYING AP /OS OVERLAY ZONING TO APN 503 -09 -008 LOCATED AT 22101 MOUNT EDEN ROAD Whereas, Pursuant to City Code Article 15 -15 and General Plan Section OSC 8a, the City of Saratoga is applying the Agricultural Preserve /Open Space Overlay (AP /OS) zoning to an approximately 106 -acre parcel located at 22101 Mount Eden Road proposed for annexation to the City because such parcel is under Williamson Act Contract. This ordinance was introduced following a duly noticed public hearing on April 3, 2013. The Planning Commission recommended adoption of this ordinance following a duly noticed public hearing held March 27, 2013. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The City Zoning Map is hereby amended to add Agricultural Preserve /Open Space (AP /OS) overlay zoning to the 106 -acre parcel described on Exhibit A attached hereto (APN 503 -09 -008). Section 2. California Environmental Quality Act The application of the AP /OS overlay zoning to the specified property is not subject to the California Environmental Quality Act because it will impose greater land use restrictions on the property than currently exist, will involve no physical change to the environment, assure the maintenance, restoration, enhancement, or protection of the environment, and it can be seen with certainty that there is no possibility that the overlay zoning may have a significant effect on the environment in accordance with the CEQA Guidelines (14 C.C.R. Sections 15308 and 15061(b)(3)). Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 3rd day of April 2013, and was adopted by the following vote following a second reading on the 17`h day of April 2013. 141610 Moto MaLVIV5.1 MIRI AYES: NAYS: ABSENT: ABSTAIN: SIGNED: JILL HUNTER, MAYOR OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY ATTEST: CRYSTAL BOTHELIO CLERK OF THE CITY OF SARATOGA Saratoga, California 165 Exhibit A the city of 22101 Mount Eden Road APN 503 -09 -008 166 7 i 1958 c�l?FOR�'�Q. SARATOGA CITY COUNCIL MEETING DATE: April 17, 2013 DEPARTMENT: Community Development PREPARED BY: Michael Fossati AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: Zoning Ordinance Amendment (1) Allowing businesses to sell beer and wine as a permitted use under certain conditions, (2) Creating a new definition for alcoholic beverage, and (3) Modifying the definition of retail establishment and market RECOMMENDED ACTION: Conduct a public hearing, introduce and waive the first reading of the ordinance, and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. REPORT SUMMARY: The City Council reviewed the proposed amendment at their April 3, 2013 public hearing and provided staff with direction to simplify the ordinance with the following modifications: Added the term "food and/or beverage" into the definition of "retail establishment" and "market ". Added language that would only allow 40% of the floor area dedicated to food or beverage sales to be used for the sales of beer and wine. Remove reference to tasting rooms, hotels and bed and breakfast establishments. Remove the specific time period for the permitted sale of beer and wine. The new definition of "alcoholic beverage" is still being recommended, as it will assist prospective business owners, with a retail alcohol sales component, on how to properly entitle their business regarding approvals and permits from the City. Staff is also recommending including the statement ".....or other alcoholic beverage permitted by a Type 20 License issued by the California Department of Alcoholic Beverage Control" to cover the other types of alcoholic beverages the ABC includes with beer and wine sales. A Type 20 License is a license that authorizes the sale of beer and wine for consumption off the premises where sold. This type of license also authorizes the sale of other fermented alcoholic beverages, such as ale, mead, or alcoholic cider. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act, the amendment is exempt under CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. ALTERNATIVE ACTION: Provide additional direction to staff. 167 FOLLOW UP ACTION: Schedule the ordinance for a second reading. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. Notice of the City Council's public hearing on this item was published in the Saratoga News on 03/19/13 and mailed in the manner and to the extent required by law. ATTACHMENTS: 1. Draft Ordinance Attachment 1 ORDINANCE AN ORDINANCE AMENDING ARTICLE 15 -06 AND 15 -19 OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Findings The City of Saratoga wishes to amend Article 15 -06 and Article 15 -19 of the City Code. 2. Amendments in this ordinance affect provisions of the City's zoning regulations in Chapter 15 of the Code. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on February 27, 2013 and March 13, 2013, recommend adoption of these amendments to Chapter 15 as set forth below. 3. The City Council of the City of Saratoga held a duly noticed public hearing on April 3, 2013 and April 17, 2013 and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in double - underlined font (e.g., double - underlined) and text to be deleted is indicated in strikeout font (e.g., stik-ee . Text in standard font remains unchanged by this ordinance. City Code Article 15 -06 - Definitions. Section 15- 06.035 — Alcoholic Beverage "Alcoholic Beverage" means any beverage, as defined per Section 23004 of the State of California Business and Professional Code that requires a license from the California Department of Alcoholic Beverage Control to make, sell, or distribute. 15- 06.441— Market "Market" means an establishment where more than 2.000 square feet or 25% or the total floor area is dedicated to food and/or beverage sales for off -site human consumntion.e sells or- effer-s for- sale to the publie any food or- Eftink for- humman eenstmVfien eff , with the exception of a tasting room as defined in this Article or a lawfully located mobile canteen or other mobile unit as defined in Article 7 -25. 169 15- 06.560 - Retail establishment "Retail establishment" means a use engaged in the sale or rental of goods directly to the consumer with no more than 2.000 square feet or 25% of the total floor area dedicated to food and/or beverage sales for off -site human consum Lion. *°ms r ^ly in* °„a °a fef ° ,. household use. Any use engaged in the sale of personal services is ineluding a pefsenal sefv4ee busi ° ial se ° business an not a retail establishment. City Code Section 15- 19.020 — General Regulations The following general regulations shall apply to all commercial districts in the City (unless otherwise specified): (a) Permitted uses. (1) Retail establishments, with no more than 40% of the floor area dedicated to food and/or beverage sales being used to sell beer, wine, or other alcoholic beverage permitted by a Tyne 20 License issued by the California Department of Alcoholic Beverage Control. exeept restaurants markets, a°lieatessens and ., establish eat engaged in the sale of'.,1...,1,elie beverages (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15 -55 of this Chapter_ (3) Any establishment engaged in the sale of alcoholic beverages, with the exception of tasting rooms, as provided for in Section 15- 19.050(a)(3) of this Code and retail establishments with no more than 40 % of the floor area dedicated to food and/or beverage sales being used to sell beer, wine, or other alcoholic beverage permitted by a Type 20 License issued by the California Department of Alcoholic Beverage Control. Section 2. Severance Clause The City Council declares that each section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance. If any section, sub - section, paragraph, sub - paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance regardless of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor ZOA 13 -0001 170 2 Alteration to Land Use Limitations, 15308 — Actions by Regulatory Agencies for Protection of the Environment, and also exempt under CEQA Guideline section 15061(b)(3) - the general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly notice public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the seventeenth day of April, 2013, and was adopted by the following vote following a second reading on the May 1, 2013. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Jill Hunter MAYOR OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY ZOA13 -0001 171 ATTEST: Crystal Bothelio CLERK OF THE CITY OF SARATOGA Saratoga, California u � MEETING DATE: DEPARTMENT PREPARED BY: SARATOGA CITY COUNCIL April 17, 2013 Public Works John Cherbone AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Public Hearing Regarding Adoption of a Resolution to Abandon and Sell Unused City Property Located Near Gardiner Park Between 18929 and 18947 Harleigh Drive RECOMMENDED ACTION: After holding a public hearing and considering public testimony, staff recommends that the City Council adopt a resolution (Attachment A) to abandon and sell unused City Property located near Gardiner Park between 18929 and 18947 Harleigh Drive; directing staff to mail a Request for Bids (Attachment B) to the two adjoining property owners; approving a sale of the Property for no less than the estimated fair market value to the adjacent property owner willing to pay the highest price under terms in the form Purchase and Sale Agreement (Attachment C); authorizing staff to transfer the Property pursuant to the executed Purchase and Sale Agreement; directing the sale proceeds be allocated for park/trail purposes; and directing staff to initiate merger proceedings for the Property and the parcel owned by the buyer to create a single parcel. REPORT SUMMARY: The City is considering selling unused City Property located near Gardiner Park between 18929 and 18947 Harleigh Drive to one of the two adjoining landowners for no less than the estimated fair market value through a public bidding process. The Property, APN # 38929007, is outlined in red in the attached map (Attachment D). The City is considering the sale for several reasons. The parcel is unused and unnecessary for access to Gardiner Park. Further, development for use would require construction of a bridge over Wildcat Creek, which would be costly and subject to numerous state and federal permit requirements. Finally, the City earns no income from the parcel and proceeds from the sale could be used towards unfunded City park and /or trail projects. In 2004, the City entered into a license agreement with the landowners of 18947 Harleigh Drive, allowing them temporary use of the Property for the limited purpose of fencing and landscaping. The City may revoke the agreement at will and require the landowners to remove the improvements. Additional background information on the Property is included in the Staff Report for the March 6th City Council meeting (Attachment E). On February 5, 2013, the Parks and Recreation Commission considered the proposed sale of the unused parcel. It recommended that the parcel be sold and forwarded the proposed sale to the Planning Commission for General Plan consistency review. 172 On February 27, 2013, the Planning Commission considered the proposed sale of the unused parcel and determined that the sale would be consistent with the City of Saratoga General Plan. On March 6, 2013, the City Council adopted a resolution of intention (Attachment F) to abandon and sell the Property to one of the two adjacent property owners for fair market value through a public bidding process, and to merge the parcel with the buyer's parcel. The City Council also directed staff to prepare bid procedures and a form purchase and sale agreement and determined that proceeds from the sale of the Property should be dedicated for park and/or trail purposes. Although there is no use restriction in the deed granting the Property to the City, in an abundance of caution the City is following state laws regulating the sale of park property for the proposed sale. Under the Municipal Park Abandonment Law of 1939, the City may abandon and sell property dedicated for park purposes if (1) the land has not been used by the public for park purposes, (2) no consideration has been paid for the land except by the City, and (3) no public funds have been expended to improve the land as a park. The unused property at Harleigh Drive meets these requirements. The Law also requires the City Council to adopt a resolution of intention to abandon the property, publish the resolution according to statutory requirements, and hold a hearing where it must pass on any objections to the abandonment. At its March 6, 2013 meeting, the City Council adopted a resolution of intention to begin the process contemplated by the 1939 Law. The resolution of intention has been published according to the statutory requirements. At this April 17, 2013 hearing, the public will have an opportunity to object to the abandonment and sale of the Property. The City Council must determine if those objections warrant the City's retention of the Property. As of April 10th, the City has received one objection to the proposed sale of the Property. A resident requested that the City consider the Property's value as a path that could be used by school children and bike riders, and as emergency access connecting Harleigh Drive to Gardiner Park. The resident also expressed concern that the sale proceeds would go to a specified purpose and not be deposited in the General Fund. In response, it should be noted that while the Property was originally meant to be the main access to Gardiner Park, in 1970, the City obtained a parcel of land on Portos Drive that provided a larger and more accessible entrance to the park. The park was developed in 1974 with the access on Portos Drive. At that time, a poll was mailed to residents in the neighborhood asking about their desire to have an additional access to the Park from Harleigh Drive. The residents were overwhelmingly against the idea, primarily because the two access points would only be 650 feet apart. In addition, access from the Property would require an expensive bridge over Wildcat Creek, which residents viewed as an unnecessary expense. Today, access to nearby streets such as Riverdale Court and Spring Hill Court can be made from the City pedestrian trail easement that starts at the rear of Gardiner Park and ends at Springhill Court. As directed by the City Council, proceeds from the sale of the Property will be used to fund the City's park and /or trail projects. The money could therefore be used towards the unfunded park projects listed in the City Capital Improvement Program. ENVIRONMENTAL DETERMINATION The sale and merger of the unused Property is exempt from the California Environmental Quality Act (CEQA) because it has no potential for causing a significant effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). The merger is further exempt because it is a minor alternation in land use limitations that will not result in any change in land use or density, will not create a new parcel, and the average slope is less than 20 percent. Id. § 15305. The 173 Property is undeveloped and the sale and merger will not change the nature of the use. Any possible future development on the Property would be minor as required by existing General Plan and Zoning regulations. Id. §§ 15301, 15303(a). FISCAL IMPACTS: The unused Property would be sold for the highest offer from an adjoining property owner, but in no instance for less than the estimated fair market value of $86,000. At its March 6, 2013 meeting, the City Council directed that the sale proceeds be allocated to park and /or trail projects. The money could therefore be used towards the unfunded park projects listed in the City Capital Improvement Program. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the City Council does not adopt the resolution to abandon and sell the unused Property, the Property will continue to be owned by the City and the license agreement between the adjacent property owners and the City would continue in effect. ALTERNATIVE ACTION: The City Council could chose not to adopt the resolution. FOLLOW UP ACTION: If the City Council adopts the resolution, staff will mail the Request for Bids (Attachment B) to the adjoining property owners. The property owners will have until May 20th to submit an offer for the Property at no less than fair market value. If only one qualifying offer is made, it will be accepted, subject to the offeror signing the Purchase and Sale Agreement. If two qualifying offers are made, an auction will be held at which and the highest offer will be accepted, subject to the offerer signing the Purchase and Sale Agreement. Once the Purchase and Sale Agreement is signed by the City and the successful bidder, staff will open escrow. If the successful bidder is the property owner of 18929 Harleigh Drive, staff will withdraw the license agreement between the City and the property owners of 18947 Harleigh Drive and order the improvements removed from the Property. Close of escrow would be delayed until the Property has been cleared or the 180 -day deadline for doing so has passed. After the Property has been transferred, the City intends to initiate a merger with the buyer's property under City Code Article 14 -65 (Merger of Parcels) so that the Property would become a part of the buyer's parcel. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. Pursuant to Government Code 38504, the resolution of intention, Resolution No. 13 -010, was properly posted on the four corners of the Property from March 21, 2013 to April 15, 2013 and published on March 26, April 2, and April 9, 2013 in the Saratoga News. The Resolution was also mailed to the adjoining property owners. 174 ATTACHMENTS: Attachment A: Resolution Attachment B: Request for Bids Attachment C: Form Purchase and Sale Agreement Attachment D: Map of the Property Attachment E: March 6, 2013 Staff Report Attachment F: Resolution of Intention 469196.2 175 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO ABANDON AND SELL UNUSED CITY PROPERTY LOCATED NEAR GARDINER PARK BETWEEN 18929 AND 18947 HARLEIGH DRIVE, APPROVING A REQUEST FOR BIDS AND PURCHASE AND SALE AGREEMENT, AND DIRECTING STAFF TO TRANSFER THE PROPERTY WHEREAS, in 1965 the City was granted a 2260 square -foot parcel located near Gardiner Park between 18929 and 18947 Harleigh Drive, APN # 38929007 ( "Property "); and WHEREAS, the minutes of the meeting at which the Property was accepted indicate that the parcel was intended for recreational use and circumstances show that it was likely meant to serve as an access parcel to what is now Gardiner Park; and WHEREAS, the Property is unnecessary for access to Gardiner Park because a separate access parcel was obtained and developed off of Portos Drive; and WHEREAS, the Property is unused and development for use would require the costly construction of a bridge over Wildcat Creek; and WHEREAS, on February 5, 2013, the Parks and Recreation Commission considered the proposed sale of the Property and recommended that the Property be sold; and WHEREAS, on February 27, 2013, the Planning Commission adopted Resolution No. 13 -008, finding that the proposed sale of the Property is consistent with the City of Saratoga General Plan; and WHEREAS, on March 6, 2013, the City Council adopted Resolution No. 13 -010, in which it (1) found that sale of the Property and merger with the buyer's parcel is exempt from the California Environmental Quality Act under California Code of Regulations sections 15061(b)(3), 15301, 15303(a), and 15305; (2) found that the Property has never been used by the public for park purposes, no consideration was paid for the land by the City or any other party, and no public funds have been expended to improve the land as a park; (3) adopted a resolution of intention to abandon and sell the Property; (4) set the regularly scheduled City Council meeting on April 17, 2013 as the time when the City Council will meet to hear any objections to the proposed abandonment and determine whether to abandon and sell the property; and (5) directed staff to prepare bid procedures and a form purchase and sale agreement and to publish and post the resolution of intention as required by state law; and WHEREAS, pursuant to Government Code 38504, Resolution No. 13 -010 was properly posted on the four corners of the Property from March 21, 2013 to April 15, 2013, published on March 26, April 2, and April 9, 2013 in the Saratoga News, and was additionally mailed to the adjoining property owners; and 176 WHEREAS, On April 17, 2017, the City Council held a public hearing to hear objections to the proposed abandonment and sale of the Property; and WHEREAS, the City Council wishes to abandon the Property, sell it to the adjacent property owner willing to pay the highest price at or above fair market value through a public bidding process, and merge the Property with the buyer's parcel. NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SARATOGA hereby: 1. Finds that the objections to the City's abandonment and sale of the Property do not warrant the City's retention of the Property. 2. Finds that the sale of the Property and merger with the buyer's parcel is exempt from the California Environmental Quality Act under California Code of Regulations sections 15061(b)(3), 15301, 15303(a), and 15305. 3. Approves the Request for Bids and form Purchase and Sale Agreement attached to the Staff Report for this matter. 4. Orders the Property abandoned and sold pursuant to the procedures and requirements established in the Request for Bids and under substantially the terms of the form Purchase and Sale Agreement and hereby approves any such sale. 5. Authorizes the City Manager to execute the Purchase and Sale Agreement with the offeror making the highest qualifying bid pursuant to the Request for Bids. 6. Authorizes the City Manger to revoke the City's license agreement with the landowners of 18947 Harleigh Drive, and to order the improvements removed if necessary. 7. Authorizes the City Manager, the Director of Public Works, and the City Attorney to take all steps necessary to transfer the Property to the successful bidder, including executing the Quitclaim Deed. 8. Directs staff to allocate proceeds from the sale of the Property for parks and/or trail purposes. 9. Directs the Community Development Department to initiate a merger of the Property with the buyer's parcel under City Code Article 14 -65 (Merger of Parcels), if the Property is sold. Passed and adopted on the 17th day of April, 2013 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: 177 NOES: ABSENT: ABSTAIN: Attest: Crystal Bothelio, City Clerk 469294.2 Jill Hunter, Mayor City of Saratoga 178 Apri122, 2013 By U.S. Mail Property Owners 18929 Harleigh Drive Saratoga, CA 95070 Property Owners 18947 Harleigh Drive Saratoga, CA 95070 NOTICE OF INTENT TO SELL REAL PROPERTY LOCATED BETWEEN 18929 AND 18947 HARLEIGH DRIVE APN # 38929007 REQUEST FOR BIDS PLEASE TAKE NOTICE that the City of Saratoga intends to sell all of its right, title, and interest in real property ( "Property") located between 18929 and 18947 Harleigh Drive, Saratoga, California. The Property consists of one parcel (Assessor's Parcel Number 38929007) totaling approximately 2260 square feet or 0.05 acres, as more particularly shown in the attached map. This Notice requests bids to purchase the Property from the two adjacent property owners. The City intends to sell the Property to the adjoining owner willing to pay the highest price above the estimated fair market value. After the sale, the City intends to merge the Property with the buyer's property under City Code Article 14 -65 (Merger of Parcels). The Property will be sold "as is" for cash. The City of Saratoga makes no representation or warranties regarding permits, entitlements, or regulatory approvals for any use or development of the property. The City also makes no representations or warranties regarding the condition of the Property, including, but not limited to, the soil on or below the surface of the Property. The City has granted a revocable license to the landowners of 18947 Harleigh Drive for fencing and landscaping on the Property. If the successful bidder for the Property requests that these improvements be removed, the City will withdraw the license and order the improvements removed. Under the terms of the license, the landowners would have 180 days to remove the improvements. Close of escrow would be delayed until the Property has been cleared. Bids should be submitted using the attached offer form. Sealed offers must be received by John Cherbone, Director of Public Works, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 no later than Monday, May 20, 2013, by 5:00 pm. Offers below the estimated fair market value, eighty -six thousand dollars ($86,000.00), will not be accepted. The bid shall indicate whether the offeror wishes the existing improvements on the Property to be removed. Included with the sealed bid shall be a check for the amount of the escrow deposit, Two Thousand Five Hundred Eighty Dollars ($2,580.00), payable to the City of Saratoga. If the offeror is the successful bidder, the check will be deposited in escrow and credited towards the purchase price. If the offeror is not the successful bidder, the check will be returned within 15 days of the City's determination of the successful bidder. 179 Following the bid deadline, the City's Department of Public Works ( "DPW ") will open any offers. If only one qualifying offer is received it will be accepted, subject to the offeror signing the attached form Purchase and Sale Agreement by May 28, 2013. If more than one qualifying offer is made, both offers will remain binding, subject to any subsequent bidding that may occur at an auction for the Property. DPW will inform bidders by telephone and mailed notice whether an auction will be held and, if so, the amount of the highest initial offer received for the Property. If necessary, the auction will be held on Wednesday, May 29 at 3:00 p.m., in the City of Saratoga City Manager's Office, 13777 Fruitvale Avenue, Saratoga, CA 95070 or at such time as may be mutually agreed by the offerors and the Director of Public Works. The auction will begin promptly at the scheduled time and proceed as follows: First, the offeror that submitted the lowest initial offer may bid an amount above the highest initial offer; provided, however, that if the two initial offers are identical the opening bidder will be selected by a coin toss. The other offeror will then have 5 minutes to counter with a higher bid, which may be countered again within 5 minutes. This process will continue until there is no counter bid, at which time the last highest bid will be accepted by the City, subject to the successful bidder signing the Purchase and Sale Agreement by June 3rd, 2013. If only one offeror attends the auction that offeror will be the successful offeror if either (i) its initial offer was the highest initial offer or (ii) it revises its initial offer to exceed the highest initial offer; if neither of these occurs then the offeror making the highest initial offer will be the successful offeror. The City reserves the right to reject all offers. The City will not pay a brokerage commission. For additional information, or to obtain copies of the documents listed below, please contact John Cherbone, Director of Public Works, City of Saratoga 13777 Fruitvale Avenue, Saratoga, CA 95070, (408) 868 -1241. 1. Planning Commission Resolution No. 13 -008, approving a General Plan Conformity Determination. 2. City Council Resolution No. 13 -010, providing notice of intent to abandon and sell the Property. 3. City Council Resolution No. , abandoning and authorizing sale of the Property. 4. The Property's Preliminary Title Report. 5. Santa Clara County Assessor's Office, Assessment Roll Information Inquiry and Retrieval: Tax Year 2012. Enclosures: Form Offer to Purchase Map of the Property Form Purchase and Sale Agreement :1 OFFER TO PURCHASE REAL PROPERTY LOCATED BETWEEN 18929 AND 18947 HARLEIGH DRIVE APN # 38929007 [name(s)] hereby offer(s) to purchase from the City of Saratoga all of its right, title, and interest in real property ( "Property ") located between 18929 and 18947 Harleigh Drive, Saratoga, California (Assessor's Parcel Number 38929007) for dollars, ($ ) and agree to sign the form Purchase and Sale Agreement for the Property if this offer is accepted. A check for Two Thousand Five Hundred Eighty Dollars ($2,580.00) payable to the City of Saratoga is enclosed. Date Signature(s) Do you wish to have the improvements currently on the Property removed? Circle one: ❑ Yes. ❑ No. Please provide a telephone phone number, address, and e-mail address for receiving notices: Telephone: Address: E -mail: 465908.3 181 AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE by and between CITY OF SARATOGA, CALIFORNIA, as Seller and as Buyer For the purchase and sale of Assessor's Parcel No. 38929007 Located between 18929 and 18947 Harleigh Drive Saratoga, California April 2013 :. TABLE OF CONTENTS 1. PURCHASE AND SALE ...................................................................... ..............................2 1.1 Property Included in Sale ........................................................... ..............................2 2. PURCHASE PRICE .............................................................................. ..............................2 2.1 Purchase Price ............................................................................ ..............................2 2.2 Payment ...................................................................................... ..............................3 2.3 Funds .......................................................................................... ..............................3 3. TITLE TO THE PROPERTY ................................................................ ..............................3 3.1 Conditions of Title to the Property ............................................ ..............................3 3.2 Buyer's Responsibility for Title Insurance ................................ ..............................3 4. "AS -IS" PURCHASE; RELEASE OF SELLER ................................... ..............................3 4.1 Hazardous Substance Disclosure ............................................... ..............................3 4.2 "As -Is" Purchase ........................................................................ ..............................3 4.4 Assessment Roll Information for Tax Year 2013 ...................... ..............................4 5. DUE DILIGENCE ................................................................................. ..............................5 5.1 Due Diligence Period ................................................................. ..............................5 5.2 Insurance .................................................................................... ..............................5 5.3 Indemnity ................................................................................... ..............................5 5.4 Buyer's Independent Investigation ............................................. ..............................6 5.5 Release of Seller ........................................................................ ..............................6 6. CONDITIONS PRECEDENT TO CLOSING ...................................... ..............................7 6.1 Buyer's Conditions Precedent .................................................... ..............................7 6.2 Contingency Period .................................................................... ..............................8 6.3 Seller's Conditions Precedent .................................................... ..............................8 6.4 Failure of Seller's Conditions Precedent ................................... ..............................8 1 183 7. ESCROW AND CLOSING ................................................................... ..............................8 7.1 Opening of Escrow .................................................................... ..............................8 7.2 Closing Deadline ........................................................................ ..............................9 7.3 Seller's Delivery of Documents ................................................. ..............................9 7.4 Buyer's Delivery of Documents and Funds .............................. .............................10 7.5 Other Documents ...................................................................... .............................10 7.6 Closing Instructions .................................................................. .............................10 8. EXPENSES AND TAXES ................................................................... .............................10 8.1 Apportionments ......................................................................... .............................10 8.2 Closing Costs ............................................................................ .............................10 8.3 Real Estate Taxes and Special Assessments ............................. .............................11 8.4 Preliminary Closing Adjustment .............................................. ..............................1 l 8.5 Post - Closing Reconciliation ..................................................... ..............................1 l 8.6 Survival ..................................................................................... .............................11 9. REPRESENTATIONS AND WARRANTIES ..................................... .............................11 9.1 Representations and Warranties of Seller ................................ ..............................1 l 9.2 Representations and Warranties of Buyer ................................. .............................12 10. RISK OF LOSS AND POSSESSION .................................................. .............................13 10.1 Risk of Loss .............................................................................. .............................13 10.2 Possession ................................................................................. .............................13 11. LIQUIDATED DAMAGES ................................................................. .............................13 12. GENERAL PROVISIONS ................................................................... .............................14 12.1 Notices ...................................................................................... .............................14 12.2 Brokers and Finders .................................................................. .............................14 12.3 Successors and Assigns ............................................................. .............................15 2 ., 12.4 Amendments ............................................................................. .............................15 12.5 Continuation and Survival of Representations and Warranties .............................15 12.6 Governing Law ......................................................................... .............................15 12.7 Merger of Prior Agreements ..................................................... .............................15 12.8 Parties and Their Agents; Approvals ........................................ .............................16 12.9 Interpretation of Agreement ...................................................... .............................16 12.10 Non - Liability of Agency Officials, Employees and Agents ..... .............................16 12.11 Counterparts .............................................................................. .............................16 12.12 Effective Date ........................................................................... .............................16 12.13 Agreement Not to Market Prior to Effective Date .................... .............................16 3 185 AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE (this "Agreement ") dated for reference purposes only as of , 2013 is by and between the CITY OF SARATOGA, a California municipal corporation ( "Seller "), and ( "Buyer "). THIS AGREEMENT IS MADE WITH REFERENCE TO THE FOLLOWING FACTS AND CIRCUMSTANCES: A. Seller owns the vacant property located in the City of Saratoga described in Section 1 below ( "Property"). B. On February 5, 2013, the Parks and Recreation Commission of Seller considered the proposed sale of the Property and recommended that the Property be sold. C. On February 27, 2013, the Planning Commission of Seller adopted Resolution No. 13 -008, finding that sale of the Property is in conformity with the City of Saratoga General Plan. D. On March, 6th, 2013, the City Council of Seller adopted Resolution No. 13 -010, a Resolution of Intention to abandon and sell the Property and finding that (1) sale of the property and merger with Buyer's property is exempt from the California Environmental Quality Act, (2) the parcel has never been used by the public for park purposes, no consideration was paid for the land by the City or any other party, and no public funds have been expended to improve the land as a park consistent with the requirements of Government Code section 38501 et seq., (3) setting the City Council meeting on April 17, 2013 as the time when it will meet to hear any objections to the proposed abandonment and sale of the Property, and (4) directing staff to prepare bid procedures and a form purchase and sale agreement and publish and post notice of the Resolution of Intention as required by state law. E. From March 21, 2013 to April 15, 2013 the City posted Resolution No. 13 -010 on the four corners of the Property. On March 26, April 2, and April 9, 2013 the City published Resolution No. 13 -010 in the Saratoga News. F. On April 17th, 2013, the City Council of Seller adopted Resolution No. , (1) finding that all objections to the proposed sale of the Property did not warrant the City's retention of the Property, (2) finding that sale of the property and merger with Buyer's property is exempt from the California Environmental Quality Act,(3) approving the Request for Bids and form Purchase and Sale Agreement, (4) ordering the Property abandoned and sold pursuant to the procedures and requirements established in the Request for Bids and under substantially the terms of the form Purchase and Sale Agreement and approving such sale, (5) authorizing the City Manager to execute the Purchase and Sale Agreement with the successful bidder, (6) authorizing the City Manager to revoke the License Agreement, (7) authorizing execution of the Quitclaim Deed and all steps necessary to transfer the Property, (8) directing staff to allocate the sale proceeds to parks and/or trail purposes, and (9) directing initiation of a merger of the Property with the Buyer's parcel. :. G. Buyer has submitted the highest qualifying offer to purchase the Property and has agreed to sign this Agreement. H. Buyer desires to purchase the Property and Seller is willing to sell the Property, pursuant to the approval by City Council of Seller in Resolution No. . Accordingly, in consideration of the payment of the non - refundable Purchase Price set forth below, by Buyer and the respective agreements contained herein below, the parties agree as follows: 1. PURCHASE AND SALE 1.1 Property Included in Sale Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, subject to the terms, covenants and conditions hereinafter set forth, the following: (a) the real property consisting of one parcel totaling approximately 0.05 acres of land, located in the City of Saratoga, between 18929 and 18947 Harleigh Drive, Assessor's Parcel No. 38929007, and more particularly described in Exhibit A attached hereto (the "Land "); and (b) any and all rights, privileges, and easements incidental or appurtenant to the Land, including, without limitation, any and all minerals, oil, gas and other hydrocarbon substances on and under the Land, as well as any and all development rights, including, but not limited to, air rights, water, water rights, riparian rights and water stock relating to the Land, and any and all easements, rights -of -way or other appurtenances used in connection with the beneficial use and enjoyment of the Land or Improvements, and any and all of Seller's right, title and interest in and to all roads and alleys adjoining or servicing the Land (collectively, the "Appurtenances "); All of the items referred to in Subsections (a), and (b), above are collectively referred to as the "Property." 2. PURCHASE PRICE 2.1 Purchase Price The total purchase price for the Property is ($ ) (the "Purchase Price "). 2 187 Dollars 2.2 Payment (a) On opening of Escrow, Seller shall deposit in escrow with First American Title Company, 1737 North First Street, Suite 500, San Jose, CA 95112, or other title company approved by Buyer and Seller (the "Title Company "), Buyer's check submitted with Buyer's bid for the Property, payable to the City of Saratoga, for Two Thousand Five Hundred Eighty Dollars ($2,580.00) as an earnest money deposit (the "Deposit "). The Deposit shall be held in an interest - bearing account, and all interest thereon shall be deemed a part of the Deposit. At the Closing (as defined in Section 7.2) the Deposit shall be paid to Seller and credited against the Purchase Price. (b) Buyer shall pay the balance of the Purchase Price, which is Dollars ($ ), prior to the Closing. 2.3 Funds All payments made under this Agreement by any parry shall be in legal tender of the United States of America, paid in cash or by wire transfer of immediately available funds to Title Company, as escrow holder. 3. TITLE TO THE PROPERTY 3.1 Conditions of Title to the Property At the Closing, Seller shall quitclaim to Buyer interest in and to the Property by duly executed and acknowledged quitclaim deed in the form attached hereto as Exhibit B (the "Deed "). 3.2 Buyer's Responsibility for Title Insurance Buyer understands and agrees that the right, title and interest in the Property shall not exceed that vested in Seller, and Seller is under no obligation to furnish any policy of title insurance in connection with this transaction. Buyer recognizes that any fences or other physical monument of the Property's boundary lines may not correspond to the legal description of the Property. Seller shall not be responsible for any discrepancies in the parcel area or location of the property lines or any other matters which an accurate survey or inspection might reveal. It is Buyer's sole responsibility to obtain a survey from an independent surveyor and a policy of title insurance from the Title Company, if desired. 4. "AS -IS" PURCHASE; RELEASE OF SELLER 4.1 Hazardous Substance Disclosure California law requires sellers to disclose to buyers the presence or potential presence of certain Hazardous Materials. Seller does not know or have reasonable cause to believe a release of hazardous substance is located on or beneath the property. 4.2 "As -Is" Purchase Buyer acknowledges that Seller is selling the Property "as is" and that Seller and its agents make no warranties or representations whatever, express or implied, as to the economic, 3 physical, geological, environmental, title, and legal condition of the Property as well as the suitability of the Property for Buyer's intended uses. Seller has no obligation to make any alternations or improvements to the Property or to repair or remediate any defects, except as stated in Section 4.3(b), if that Section is applicable. Buyer assumes all risk for obtaining any and all governmental approvals, permits, authorizations, or entitlements for development of the Property from any and all governmental agencies, including, but not limited to, Seller. Under Section 5.1 of this Agreement, Buyer has been given or will be given before the end of the Due Diligence Period, a full opportunity to investigate the Property, either independently or through agents of Buyer's own choosing, including, without limitation, the opportunity to conduct such appraisals, inspections, tests, audits, verifications, inventories, investigations and other due diligence regarding the economic, physical, geological, environmental, title, and legal conditions of the Property as Buyer deems fit, as well as the suitability of the Property for Buyer's intended uses. 4.3 Revocation of License Agreement There is currently recorded against the Property an agreement, dated June 9, 2004 by and between David Carter and Susan Cater, landowners of 18947 Harleigh Drive, Saratoga, California, and Seller granting to the landowners a revocable license for the sole purpose of fencing and landscaping on the Property ( "License Agreement "). Under the terms of the License Agreement, Seller may revoke the License Agreement in its sole discretion at any time by service of a Notice of Revocation to Landowners. Upon service of such Notice, the landowners must remove any and all fencing and landscaping on the Property within 180 days. (a) If Buyer is the landowners of 18947 Harleigh Drive, the City will withdraw the License Agreement at the Closing and have it recorded in the Office of the County Recorder of Santa Clara County in order to clear title on the Property. (b) If Buyer is the landowners of 18929 Harleigh Drive and has requested that the improvements on the Property be removed, Seller shall issue a Notice of Revocation to Landowners and take all steps necessary and proper to clear the property of all improvements prior to the Closing. The City will record the Notice of Revocation to clear title on the Property prior to the Closing. Seller is not the owner of the fencing and improvements on the Property. These improvements are owned by the landowners of 18947 Harleigh Drive. If the Buyer is the landowners of 18929 Harleigh Drive and has not requested the improvements be removed, Seller will withdrawal the License Agreement and the landowners of 18947 Harleigh Drive will have 180 days to remove their improvements. If, after the expiration of 180 days, the landowners of 18947 Harleigh Drive have not removed their improvements, Seller will take possession of these improvements and transfer them to the owners of 18929 Harleigh Drive at the Closing. 4.4 Assessment Roll Information for Tax Year 2013. Seller has provided Buyer with the Santa Clara County Assessor's Office, Current Information of Assessed Value for the Property as of July 30, 2012, which includes Tax Rate Area information. 4.5 Merger of Parcels. 4 After the Closing, Seller intends to merge the Property with the Buyer's adjacent property under City Code Article 14 -65 (Merger of Parcels.) Through Section 9.2(d) of this Agreement, Buyer represents and warrants to Seller that it will not oppose a merger of the Property. 5. DUE DILIGENCE 5.1 Due Diligence Period During the Due Diligence Period and prior to the Closing, Seller shall afford Buyer and its Agents reasonable access to the Property for the purposes of satisfying Buyer with respect to satisfaction of the Conditions Precedent as defined in Section 6.1. Buyer and its Agents may commence due diligence investigations on the Property on or after the date this Agreement is effective. Prior to any entry by Buyer or its agents onto the Property before, during, and after the Due Diligence Period, Buyer shall give Seller reasonable advance written notice of its desire to enter the Property and receive Seller's permission to do so. Seller's permission to enter the Property shall not be unreasonably withheld, but may be conditioned. Prior to conducting any testing on the Property, Buyer shall provide Seller notice of its desire to do so and shall receive approval through a separate agreement with Seller addressing the terms and conditions of such testing. At all times, Buyer shall conduct such entry and any inspections in connection therewith so as to minimize, to the extent possible, interference with uses being made of the Property and otherwise in a manner and on terms and conditions acceptable to Seller. (a) If the Buyer is the landowners of 18947 Harleigh Drive, the period for completion of all due diligence investigations shall expire 14 days from the Effective Date of this Agreement, unless extended by both parties in writing (the "Due Diligence Period "). (b) If the Buyer is the landowner of 18929 Harleigh Drive, the period for completion of all due diligence investigations shall expire 14 days after all improvements on the Property have been or could have been removed as noticed by Seller pursuant to Seller's revocation of the License Agreement; unless extended by both parties in writing (the "Due Diligence Period "). 5.2 Insurance Buyer shall maintain, and shall require that its agents maintain, public liability and property damage insurance in amounts and in form and substance adequate to insure against all liability of Buyer and its agents, arising out of any investigation or inspection of the Property in connection with the transaction contemplated hereby, and Buyer shall provide Seller with evidence of such insurance coverage upon request from Seller. Seller's failure to request or approve such insurance shall not constitute a waiver of this provision. 5.3 Indemnity Buyer hereby agrees to indemnify, defend, and hold Seller and its agents harmless from and against any liabilities, costs, damages, losses, liens, claims, and expenses (including, without limitation, reasonable fees of attorneys, experts, and consultants and related costs) arising out of or relating to any entry on, under, or about the Property by Buyer, its Agents, contractors, and subcontractors prior to the Closing, whether prior to the date of this Agreement or during the term hereof, including, without limitation, any injuries or deaths to any persons (including, without limitation, Buyer's agents) and damage to any property, from any cause whatsoever. In the event this Agreement is terminated for any reason other than Seller's default hereunder, 5 190 Buyer shall restore the Property to substantially the condition it was found subject to applicable laws. This indemnity shall survive the termination of this Agreement or the Closing, as applicable. 5.4 Buyer's Independent Investigation Buyer represents and warrants to Seller that prior to Closing, Buyer will perform to Buyer's satisfaction an investigation of each and every aspect of the Property, either independently or through agents of Buyer's choosing, or will have waived its right and opportunity to conduct such investigations, including, without limitation, the following matters: (a) All matters relating to title including, without limitation, the existence, quality, nature and adequacy of Seller's interest in the Property and the existence of physically open and legally sufficient access to the Property. (b) The zoning and other legal status of the Property, including, without limitation, the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances and private or public covenants, conditions and restrictions, and all governmental and other legal requirements such as taxes, assessments, use permit requirements, and building and fire codes. (c) The quality, nature, adequacy and physical condition of the Property, including, but not limited to, landscaping, sewage and utility systems, and all other physical and functional aspects of the Property. (d) The quality, nature, adequacy, and physical, geological, and environmental condition of the Property (including soils and any groundwater), and the presence or absence of any Hazardous Materials in, on, under or about the Property or any other real property in the vicinity of the Property. As used in this Agreement, "Hazardous Material" shall mean any material that, because of its quantity, concentration or physical or chemical characteristics, is now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. (e) The suitability of the Property for Buyer's intended uses. (f) The economics and development potential, if any, of the Property. (g) All other matters of material significance affecting the Property. 5.5 Release of Seller As part of its agreement to purchase the Property in its "as -is" condition, Buyer, on behalf of itself and its successors and assigns, waives any right to recover from, and forever releases and discharges, Seller, its officers, employees, agents, contractors and representatives, and their respective heirs, successors, legal representatives and assigns, from any and all demands, claims, legal or administrative proceedings, losses, liabilities, damages, penalties, fines, liens, judgments, costs or expenses whatsoever (including, without limitation, attorneys' fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen, that may arise on account of or in any way be connected with (i) Buyer's and its agents past, present and future use of the Property, (ii) the physical, geological or environmental condition of the Property, including, without limitation, any Hazardous Material in, on, under, above or about the Property, and (iii) any 0 191 federal, state, local or administrative law, rule, regulation, order or requirement applicable thereto, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA ", also commonly known as the " Superfund" law), as amended by Superfund Amendments and Reauthorization Act of 1986 ( "SARA ") (42 U.S.C. Sections 9601- 9657), the Resource Conservation and Recovery Act of 1976, as amended by the Solid Waste and Disposal Act of 1984 (collectively, "RCRA ") (42 U.S.C. Sections 6901- 6987), the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977 (collectively the "Clean Water Act ") (33 U.S.C. Section 1251 et seq.), the Toxic Substances Control Act ( "TSCA ") (15 U.S.C. Sections 2601- 2629), Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.), the Carpenter- Presley- Tanner Hazardous Substance Account Law (commonly known as the "California Superfund" law) (California Health and Safety Code Sections 25300- 25395), Hazardous Waste Control Act (California Health and Safety Code Section 25100 et seq.), Hazardous Materials Release Response Plans and Inventory Law (commonly known as the 'Business Plan Law ") (California Health and Safety Code Section 25500 et seq.), Porter - Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as "Proposition 65 ") (California Health and Safety Code Section 25249.5 et seq.). This release shall survive the termination of this Agreement or the Closing, as applicable. In connection with the foregoing release, Buyer expressly waives the benefits of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR. BY PLACING ITS INITIALS BELOW, BUYER SPECIFICALLY ACKNOWLEDGES AND CONFIRMS THE VALIDITY OF THE RELEASES MADE ABOVE AND ACKNOWLEDGES ITS RIGHT TO OBTAIN INDEPENDENT LEGAL ADVICE TO EXPLAIN THE CONSEQUENCES OF THE ABOVE RELEASE. INITIALS: BUYER: 6. CONDITIONS PRECEDENT TO CLOSING 6.1 Buyer's Conditions Precedent The following are conditions precedent to Buyer's obligation to purchase the Property (collectively, 'Buyer's Conditions "): (a) Buyer's review and approval, within the Due Diligence Period, of the economic, physical, geologic, environmental, title, and legal condition of title to the Property, subject to Section 10.1 (Risk of Loss). 7 192 (b) Title Company shall be committed at the Closing to issue to Buyer the Title Policy as provided in Section 3.2 (Title Insurance), if Buyer so desires. 6.2 Contingency Period Buyer shall have until 5:00 p.m. Pacific Time on the date on which the Due Diligence Period expires under Section 5.1 to review and approve or waive Buyer's Conditions (such period being referred to as the "Contingency Period "). If Buyer elects to proceed with the purchase of the Property, then Buyer shall, before the expiration of the Contingency Period, notify Seller in writing that Buyer has approved all such matters. If before the end of the Contingency Period Buyer fails to give Seller such written notice and fails to object to any of Buyer's Conditions, then Buyer shall be deemed to have waived Buyer's Conditions. Notwithstanding the foregoing, if Buyer objects to any of the matters contained within Section 6.1 within the Contingency Period, then Seller may, but shall have no obligation to, remove or remedy any objectionable matter. If Seller agrees to remove or remedy the objectionable matter, it shall notify Buyer within ten (10) days following Buyer's notice of objection, and the Closing Deadline shall be delayed for so long as Seller diligently pursues such removal or remedy. If and when Seller elects not to remove or remedy the objectionable matter, which Seller may do at any time including following an initial election to pursue remedial or corrective actions, this Agreement shall automatically terminate, the Deposit shall be returned to Buyer, and neither party shall have any further rights or obligations hereunder except as provided in Sections 5.3 and 5_5 or as otherwise expressly provided herein. 6.3 Seller's Conditions Precedent The following is a condition precedent to Seller's obligation to sell the Property to Buyer ( "Seller's Conditions Precedent "): (a) Buyer shall have performed all of its obligations hereunder and all of Buyer's representations and warranties shall be true and correct. 6.4 Failure of Seller's Conditions Precedent Each of Seller's Conditions Precedent is intended solely for the benefit of Seller. If any of Seller's Conditions Precedent is not satisfied as provided above, Seller may, at its option, terminate this Agreement. Upon any such termination, neither party shall have any further rights or obligations hereunder except as provided in Sections 5.3 and 5_5 or as otherwise expressly provided herein. 7. ESCROW AND CLOSING 7.1 Opening of Escrow On or before the business day following the Effective Date (as defined in Section 12.12), the parties shall open escrow by Seller depositing this fully executed Agreement with Title Company, and this Agreement shall serve as instructions to Title Company as the escrow holder for consummation of the purchase and sale contemplated hereby. Seller and Buyer agree to execute such additional or supplementary instructions as may be reasonably appropriate to 0 193 enable the escrow holder to comply with the terms of this Agreement and close the transaction; provided, however, in the event of any conflict between the provisions of this Agreement and any additional supplementary instructions, the terms of this Agreement shall control. 7.2 Closing Deadline The consummation of the purchase and sale contemplated hereby (the "Closing ") shall occur when delivery of all items under the terms of this Agreement have been made at the offices of Title Company, subject to the provisions of Section 6 (Conditions Precedent). The Closing shall occur by the "Closing Deadline," as defined in Subsections (a) and b ) of this Section 7.2. The Closing Deadline may not be extended without the prior written approval of both Seller and Buyer, except as otherwise expressly provided in this Agreement. In the event that the Closing does not occur on or before the Closing Deadline or any extensions of the Closing Deadline, this Agreement will terminate. In the event the Closing does not occur on or before the Closing Deadline or extensions of the Closing Deadline, Title Company shall, unless it is notified by both parties to the contrary within five (5) days after the Closing Deadline, return to the depositor thereof items which may have been deposited hereunder, subject to Section 11 (Liquidated Damages). Any such return shall not, however, limit the provisions hereof or otherwise relieve either party hereto of any liability it may have for its wrongful failure to close. (a) If Buyer is the landowners of 18947 Harleigh Drive, the Closing Deadline shall be July 2, 2013. (b) If the Buyer is the landowners of 18929 Harleigh Drive, the Closing Deadline shall be 30 days after the improvements on the Property have or could have been removed as noticed by Seller pursuant to Seller's revocation of the License Agreement for the Property. 7.3 Seller's Delivery of Documents At or before the Closing, Seller shall deliver to Buyer through escrow, the following: (a) a duly executed and acknowledged Quitclaim Deed; (b) The City of Saratoga City Council Resolution described in Recital F of this Agreement, authorizing Seller to enter into this Agreement and consummate the transactions contemplated hereby; (c) a properly executed affidavit pursuant to Section 1445(b)(2) of the Federal Tax Code in the form attached hereto as Exhibit C that Seller is not a "foreign person" within the meaning of Section 1445(f)(3) of the Federal Tax Code; (d) If Buyer is the landowner of 18929 Harleigh Drive, Saratoga, California, (i) a duly executed and recorded Notice of Revocation to Landowners of the License Agreement between the landowners of 18947 Harleigh Drive and Seller; and (ii) a notice that the improvements on the Property have been successfully removed, if removal has been requested by Buyer, or that the 180 -day deadline for removal has expired. (e) If Buyer is the landowner of 18947 Harleigh Drive, Saratoga, California, a withdraw of the License Agreement. 9 194 (f) Written confirmation that all conditions precedent have been satisfied and the Seller is prepared to proceed with the Closing. 7.4 Buyer's Delivery of Documents and Funds At or before the Closing, Buyer shall deliver to Seller through escrow the following: (a) a closing statement in form and content satisfactory to Seller; (b) the Purchase Price, as provided in Section 2 hereof, (c) Written confirmation that all conditions precedent have been satisfied and the Buyer is prepared to proceed with the Closing. 7.5 Other Documents Seller and Buyer shall each deposit such other instruments as are reasonably required by Title Company as escrow holder or otherwise required to close the escrow and consummate the purchase of the Property in accordance with the terms hereof, including, without limitation, an agreement (the "Designation Agreement ") designating Title Company as the "Reporting Person" for the transaction pursuant to Section 6045(e) of the Federal Tax Code and the regulations promulgated thereunder, and executed by Seller, Buyer, and Title Company. The Designation Agreement shall be substantially in the form attached hereto as Exhibit D and, in any event, shall comply with the requirements of Section 6045(e) of the Federal Tax Code and the regulations promulgated thereunder. 7.6 Closing Instructions Title Company shall, when all required funds and instruments have been deposited into the escrow by the parties and when all other conditions to closing have been fulfilled, cause the Quitclaim Deed for the Property and the withdraw of the License Agreement to be recorded in the Office of the County Recorder of Santa Clara County. Upon closing, Title Company shall deliver the Purchase Price to Seller. Title Company shall also deliver, all other necessary documents or instruments to the parties. In the event escrow terminates, as provided in Section 6, Title Company shall return all monies, documents, or other things of value deposited in the escrow to the party depositing the same, subject to subject to Section 11 (Liquidated Damages). 8. EXPENSES AND TAXES 8.1 Apportionments The following are to be apportioned through escrow as of the Closing: Amounts payable, if any, under any contracts assumed by Buyer pursuant hereto, annual or periodic permit or inspection fees (calculated on the basis of the period covered), and liability for other normal Property operation and maintenance expenses and other recurring costs shall be apportioned as of the Closing. 8.2 Closing Costs Buyer shall pay the premium for any Title Policy and the cost of the endorsements thereto, escrow and recording fees, and any transfer tax payable in connection with the sale of lC 195 the Property. Buyer and Seller shall allocate or apportion any other costs and charges of the escrow for the sale not otherwise provided for in this Section or elsewhere in this Agreement as customary in Santa Clara County. 8.3 Real Estate Taxes and Special Assessments General real estate taxes payable for the tax year in the year of Closing shall be prorated through escrow by Seller and Buyer as of the Closing and any real estate taxes owed shall be paid to the Tax Collector of Santa Clara County. 8.4 Preliminary Closing Adjustment Seller and Buyer shall jointly prepare a preliminary Closing adjustment on the basis of any apportionments or adjustments to be made based on payments or expenses, and shall deliver such computation to Title Company prior to Closing. 8.5 Post - Closing Reconciliation If any of the foregoing prorations cannot be calculated accurately on the Closing, then they shall be calculated as soon after the Closing as feasible. Either party owing the other parry a sum of money based on such subsequent prorations shall promptly pay such sum to the other party. 8.6 Survival The provisions of this Section shall survive the Closing. 9. REPRESENTATIONS AND WARRANTIES 9.1 Representations and Warranties of Seller Seller represents and warrants to and covenants with Buyer as follows: (a) Seller is the legal and equitable owner of the Property, with the right to convey the same. Seller has not granted any option or right of first refusal or first opportunity to any third party to acquire any interest in any of the Property. (b) Seller is a municipal corporation duly organized and validly existing under the laws of the State of California; this Agreement and all documents executed by Seller which are to be delivered to Buyer at the Closing are, or at the Closing will be, duly authorized, executed and delivered by Seller, are, or at the Closing will be, legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to laws of general applicability, and do not, and at the Closing will not, violate any provision of any agreement or judicial order to which Seller is a party or to which Seller or the Property is subject. (c) At the time of Closing, there will be no leases or other occupancy agreements entered into by the City affecting any of the Property, unless the Buyer is the owner of 18947 Harleigh Drive, in which case the License Agreement shall remain operative until Closing. (d) Seller is not a "foreign person" within the meaning of Section 1445(f)(3) of the Federal Tax Code. 11 196 9.2 Representations and Warranties of Buyer Buyer represents and warrants to and covenants with Seller as follows: (a) Buyer has duly executed and delivered this Agreement and this Agreement constitutes a legal, valid, and binding obligation of Buyer, enforceable against Buyer in accordance with the terms hereof. (b) Buyer represents and warrants to Seller that it has not been suspended, disciplined, or disbarred by, or prohibited from contracting with, any federal, state, or local governmental agency. In the event Buyer has been so suspended, disbarred, disciplined, or prohibited from contracting with any governmental agency, it shall immediately notify Seller of same and the reasons therefore together with any relevant facts or information requested by Seller. Any such suspension, debarment, discipline, or prohibition may result in the termination or suspension of this Agreement. (c) No document or instrument furnished or to be furnished by the Buyer to Seller in connection with this Agreement contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made. (d) Buyer represents and warrants to Seller that it will not oppose a merger of the Property with the Buyer's adjacent Property under City Code Article 14 -65 (Merger of Parcels.) In the event that Buyer breaches this representation and warranty and Seller merges the two parcels, Buyer waives any right to recover from, and forever releases and discharges, Seller, its officers, employees, agents, contractors and representatives, and their respective heirs, successors, legal representatives and assigns, from any and all demands, claims, legal or administrative proceedings, losses, liabilities, damages, penalties, fines, liens, judgments, costs or expenses whatsoever (including, without limitation, attorneys' fees and costs), whether direct or indirect, known or unknown, foreseen or unforeseen, that may arise on account of or in any way be connected with such merger. This provision shall bind Buyer's successors and assigns. 12 197 10. RISK OF LOSS AND POSSESSION 10.1 Risk of Loss (a) If condemnation proceedings are commenced against any part of the Property, then Buyer shall have the right, at its election, to terminate this Agreement. Buyer shall have thirty (30) days after Seller notifies Buyer that a condemnation proceeding has commenced to make such election by delivery to Seller of an election notice. Buyer's failure to deliver such notice within such thirty (30) -day period shall be deemed a waiver of Buyer's election to terminate this Agreement. If this Agreement is terminated by Buyer's delivery of notice of termination to Seller, then Buyer and Seller shall each be released from all obligations hereunder pertaining to that portion of the Property affected by such condemnation proceeding. (b) Because the Property is unimproved and is sold "as is," Buyer is liable for the risk of loss upon the Property from the Effective Date of this Agreement until the Closing. If any part of the Property is damaged or destroyed prior to the Closing, then the transaction contemplated by this Agreement shall be consummated. 10.2 Possession Possession of the Property shall be delivered to Buyer on the Closing. 11. LIQUIDATED DAMAGES IF THE SALE OF THE PROPERTY IS NOT CONSUMMATED DUE TO THE FAILURE OF ANY CONDITION PRECEDENT OR SELLER'S DEFAULT HEREUNDER AND BUYER IS NOT THEN IN DEFAULT, THEN THE TITLE COMPANY SHALL RETURN ANY DEPOSIT TO BUYER. IF THE SALE IS NOT CONSUMMATED DUE TO ANY DEFAULT BY BUYER HEREUNDER AND SELLER IS NOT THEN IN DEFAULT, THEN THE TITLE COMPANY SHALL DELIVER THE DEPOSIT TOGETHER WITH ACCRUED INTEREST THEREON TO SELLER, AND SELLER SHALL BE ENTITLED TO RETAIN SUCH SUM AS LIQUIDATED DAMAGES. THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL DAMAGES, IN THE EVENT OF A FAILURE TO CONSUMMATE THIS SALE AS SPECIFIED IN THE PRECEDING SENTENCE, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. AFTER NEGOTIATION, THE PARTIES HAVE AGREED THAT, CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, THE AMOUNT OF THE DEPOSIT TOGETHER WITH ACCRUED INTEREST THEREON IS A REASONABLE ESTIMATE OF THE DAMAGES THAT SELLER WOULD INCUR IN SUCH AN EVENT. BY PLACING THEIR RESPECTIVE INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND ACKNOWLEDGES THEIR RIGHT TO OBTAIN INDEPENDENT LEGAL ADVICE TO EXPLAIN THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. INITIALS: SELLER: BUYER: 13 .; 12. GENERAL PROVISIONS 12.1 Notices Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i) hand delivery, against receipt, (ii) one (1) day after being deposited with a reliable overnight courier service, or (iii) two (2) days after being deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, and addressed as follows: SELLER: City of Saratoga Attn: Crystal Bothelio, City Clerk Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Facsimile No.: (408) 867 -8559 With a copy to: Richard S. Taylor, City Attorney Shute, Mihaly & Weinberger, LLP 396 Hayes Street San Francisco, CA 94102 Facsimile No.: (415) 552 -5816 BUYER: With a copy to: Facsimile No.: Facsimile No.: or to such other address as either party may from time to time specify in writing to the other upon five (5) days prior written notice in the manner provided above. For convenience of the parties, copies of notices may also be given by facsimile, to the facsimile number listed above, or such other numbers as may be provided from time to time. However, neither party may give official or binding notice by facsimile. The effective time of a notice shall not be affected by the receipt, prior to receipt of the original, of a facsimile copy of the notice. 12.2 Brokers and Finders Neither party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any licensed real estate broker or other person who could claim a right to a commission or finder's fee in connection with the purchase and sale contemplated herein. In the event that any broker or 14 199 finder perfects a claim for a commission or finder's fee based upon any such contact, dealings or communication, the party through whom the broker or finder makes his or her claim shall be responsible for such commission or fee and shall indemnify and hold harmless the other party from all claims, costs, and expenses (including, without limitation, reasonable attorneys' fees and disbursements) incurred by the indemnified parry in defending against the same. The provisions of this Section shall survive the Closing. 12.3 Successors and Assigns This Agreement shall be binding upon, and inure to the benefit and obligations of, the parties hereto and their respective successors, heirs, administrators, nominees, and assigns. Buyer shall have the right, upon notice to Seller, to assign its right, title and interest in and to this Agreement to a nominee or one or more assignees at any time before the Closing, provided only that such nominee or assignee is a new owner of Buyer's property adjacent to the Property, or the landowner of the other adjacent property, such that the Property and an adjacent property may be merged. 12.4 Amendments Except as otherwise provided herein, this Agreement may be amended or modified only by a written instrument executed by Buyer and Seller. 12.5 Continuation and Survival of Representations and Warranties All representations and warranties by the respective parties contained herein or made in writing pursuant to this Agreement are intended to be, and shall remain, true and correct as of the Closing, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and the Closing, or, to the extent the context requires, beyond any termination of this Agreement. 12.6 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 12.7 Merger of Prior Agreements The parties intend that this Agreement (including all of the attached exhibits and schedules, which are incorporated into this Agreement by reference) shall be the final expression of their agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous oral or written agreements or understandings. Buyer acknowledges that any statement, representation, or other expression, oral or written, of any agent, employee, officer, attorney, or other representative of Seller concerning the Property or this transaction are of no force and effect and do not bind Seller. The parties further intend that this Agreement shall constitute the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever (including, without limitation, prior drafts or changes therefrom) may be introduced in any judicial, administrative or other legal proceeding involving this Agreement. 15 200 12.8 Parties and Their Agents; Approvals The term "Buyer" as used herein shall include the plural as well as the singular. If there is more than one Buyer, then the obligations under this Agreement imposed on Buyer shall be joint and several. As used herein, the term "Agents" when used with respect to either parry shall include the agents, employees, officers, contractors and representatives of such party. 12.9 Interpretation of Agreement The article, section and other headings of this Agreement and any table of contents are for convenience of reference only and shall not affect the meaning or interpretation of any provision contained herein. Whenever the context so requires, the use of the singular shall be deemed to include the plural and vice versa, and each gender reference shall be deemed to include the other and the neuter. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with herein. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purposes of the parties and this Agreement. 12.10 Non - Liability of Agency Officials, Employees and Agents Notwithstanding anything to the contrary in this Agreement, no elective or appointive board, commission, member, officer, employee or agent of Seller shall be personally liable to Buyer, its successors and assigns, in the event of any default or breach by Seller or for any amount which may become due to Buyer, its successors and assigns, or for any obligation of Seller under this Agreement. 12.11 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 12.12 Effective Date As used herein, the term "Effective Date" shall mean the last date of execution of this Agreement by the undersigned parties. 12.13 Agreement Not to Market Prior to Effective Date Seller agrees that unless and until this Agreement terminates pursuant to its terms, Seller shall not negotiate with any other parties pertaining to the sale of the Property and shall not market the Property to third parties. 12.16 Time is of the Essence All time periods and deadlines are "of the essence." 12.14 Independent Legal Counsel The undersigned parties acknowledge their right to obtain independent legal advice prior to entering into this Agreement. The undersigned parties have either obtained the advice of legal counsel prior to entering into this Agreement or voluntarily waive the right to do so by signing it. 16 201 The undersigned parties execute this Agreement voluntarily with full knowledge of any rights they may have, with full knowledge of the significance of this Agreement, and with the express intention of effecting the legal consequences provided by the laws of the State of California. The parties have duly executed this Agreement as of the respective dates written below. SELLER: City of Saratoga, a California municipal corporation By: Dave Anderson, City Manager Date: Approved as to form: By: Richard Taylor, City Attorney Date: [SIGNATURE OF BUYER ON FOLLOWING PAGE] 17 202 BUYER: By: Name: Date: By:_ Name: Date: SIGNATURE OF TITLE COMPANY ON FOLLOWING PAGE 18 203 Title Company agrees to act as escrow holder in accordance with the terms of this Agreement and to execute the Designation Agreement (attached hereto as Exhibit D) and act as the Reporting Person (as such term is defined in the Designation Agreement). Title Company's failure to execute below shall not invalidate the Agreement between Buyer and Seller. TITLE COMPANY: 19 By: Its: Date: 204 EXHIBIT A REAL PROPERTY DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SARATOGA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel Two, granted to the City of Saratoga in a Grant Deed recorded December 29, 1965 as Instrument No. 2984375 in Book 7228, Pages 443 and 444 of Official Records, described as follows: BEGINNING AT THE NORTHERLY LINE OF HARLIEGH DRIVE AND THE SOUTHEASTERLY CORNER OF LOT 9, AS SAID LOT AND DRIVE ARE SHOWN UPON THE MAP ENTITLED "TRACT NO. 1963" WHICH MAP WAS FILED FOR RECORD ON JULY 9, 1958 IN BOOK OF MAPS, NUMBERED 95, AT PAGE 13, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LOT 9, NORTH 31 32'35" WEST 113.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 9; THENCE ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 9, NORTH 86° 27'25" EAST 20.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 10, AS SHOWN UPON THE MAP HEREINABOVE REFERRED TO; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10, SOUTH 3° 32'35'- EAST 113.00 FEET TO THE NORTHERLY LINE OF HARLIEGH DRIVE; THENCE ALONG SAID NORTHERLY LINE OF HARLIEGH DRIVE SOUTH 860 27'25" WEST 20.00 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF LOT 9 OF THE SARAH E. COYE TRACT IN THE QUITO RANCHO MADE BY N. E. BECKWITH, SURVEYOR, IN APRIL 1906. APN:389 -29 -007 A -1 205 EXHIBIT B QUITCLAIM DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: (Space above this line reserved for Recorder's use only) QUITCLAIM DEED (Assessor's Parcel No. 38929007) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SARATOGA, California, a municipal corporation, pursuant to City of Saratoga Resolution No. , hereby releases, remises, and quitclaims to , without representation or warranty, any and all right, title, and interest it may have in the real property located in the City of Saratoga, County of Santa Clara, State of California, described on Exhibit A attached hereto and made a part hereof (the "Property"). Executed as of this day of , 20 City of Saratoga a California municipal corporation, li By: Dave Anderson Its: City Manager 206 EXHIBIT A REAL PROPERTY DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SARATOGA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel Two, granted to the City of Saratoga in a Grant Deed recorded December 29, 1965 as Instrument No. 2984375 in Book 7228, Pages 443 and 444 of Official Records, described as follows: BEGINNING AT THE NORTHERLY LINE OF HARLIEGH DRIVE AND THE SOUTHEASTERLY CORNER OF LOT 9, AS SAID LOT AND DRIVE ARE SHOWN UPON THE MAP ENTITLED "TRACT NO. 1963" WHICH MAP WAS FILED FOR RECORD ON JULY 9, 1958 IN BOOK OF MAPS, NUMBERED 95, AT PAGE 13, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LOT 9, NORTH 31 32'35" WEST 113.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 9; THENCE ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 9, NORTH 86° 27'25" EAST 20.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 10, AS SHOWN UPON THE MAP HEREINABOVE REFERRED TO; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10, SOUTH 3° 32'35'- EAST 113.00 FEET TO THE NORTHERLY LINE OF HARLIEGH DRIVE; THENCE ALONG SAID NORTHERLY LINE OF HARLIEGH DRIVE SOUTH 860 27'25" WEST 20.00 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF LOT 9 OF THE SARAH E. COYE TRACT IN THE QUITO RANCHO MADE BY N. E. BECKWITH, SURVEYOR, IN APRIL 1906. APN:389 -29 -007 M-0 207 STATE OF CALIFORNIA ) COUNTY OF ) On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature li (Seal) No EXHIBIT C CERTIFICATE OF TRANSFEROR OTHER THAN AN INDIVIDUAL (FIRPTA Affidavit) Section 1445 of the Internal Revenue Code provides that a transferee of a United States real property interest must withhold tax if the transferor is a foreign person. To inform , the transferee of certain real property located in the City of Saratoga, County of Santa Clara, State of California, that withholding of tax is not required upon the disposition of such U.S. real property interest by the City of Saratoga, a California municipal corporation ( "Transferor "), the undersigned hereby certifies the following on behalf of Transferor: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. Transferor's U.S. employer identification number is 946030039; and 3. Transferor's office address is City Clerk, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. 4. Transferor understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, I declare that I have examined this certificate and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Transferor. Dated: , 2013 By: Dave Anderson Its: City Manager C -1 209 EXHIBIT D DESIGNATION AGREEMENT This DESIGNATION AGREEMENT (the "Agreement ") dated as of 2013, is by and between the CITY OF SARATOGA, a California municipal corporation ( "Seller "), and I ( "Buyer "). A. Pursuant to that certain Purchase Agreement entered into by and between Seller and Buyer, dated , 2013 (the "Purchase Agreement "), Seller has agreed to sell to Buyer, and Buyer has agreed to purchase from Seller, certain real property located in the City of Saratoga, California, more particularly described in Exhibit A attached hereto (the "Property"). The purchase and sale of the Property is sometimes hereinbelow referred to below as the "Transaction." B. Section 6045(e) of the United States Internal Revenue Code of 1986 and the regulations promulgated thereunder (collectively, the "Reporting Requirements ") require an information return to be made to the United States Internal Revenue Service, and a statement to be furnished to Seller, in connection with the Transaction. C. Pursuant to Subsection 2(b)(i) of the Purchase Agreement, an escrow has been opened with Title Company, Escrow No. , through which the Transaction will be or is being accomplished. Title Company is either (i) the person responsible for closing the Transaction (as described in the Reporting Requirements) or (ii) the disbursing title or escrow company that is most significant in terms of gross proceeds disbursed in connection with the Transaction (as described in the Reporting Requirements). D. Seller, Buyer, and Title Company desire to designate Title Company as the "Reporting Person" (as defined in the "Reporting Requirements ") with respect to the Transaction. ACCORDINGLY, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Seller, Buyer, and Title Company agree as follows: 1. Title Company is hereby designated as the Reporting Person for the Transaction. Title Company shall perform all duties that are required by the Reporting Requirements to be performed by the Reporting Person for the Transaction. 2. Seller and Buyer shall furnish to Title Company, in a timely manner, any information requested by Title Company and necessary for Title Company to perform its duties as Reporting Person for the transaction. 3. The names and addresses of the parties hereto are as follows: W 210 SELLER: City of Saratoga Attn: Dave Anderson, City Manager Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Facsimile No.: (408) BUYER: Facsimile No.: TITLE COMPANY: First American Title Insurance Company Facsimile No.: 4. Each of the parties hereto shall retain this Agreement for a period of four (4) years following the calendar year during which the date of closing of the Transaction occurs. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year first above written. D -2 City of Saratoga, a California municipal corporation Bv: Dave Anderson, City Manager Date: LN Name: Date: 211 TITLE COMPANY: TITLE INSURANCE COMPANY WK Its: Date: 212 EXHIBIT A REAL PROPERTY DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SARATOGA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel Two, granted to the City of Saratoga in a Grant Deed recorded December 29, 1965 as Instrument No. 2984375 in Book 7228, Pages 443 and 444 of Official Records, described as follows: BEGINNING AT THE NORTHERLY LINE OF HARLIEGH DRIVE AND THE SOUTHEASTERLY CORNER OF LOT 9, AS SAID LOT AND DRIVE ARE SHOWN UPON THE MAP ENTITLED "TRACT NO. 1963" WHICH MAP WAS FILED FOR RECORD ON JULY 9, 1958 IN BOOK OF MAPS, NUMBERED 95, AT PAGE 13, SANTA CLARA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LOT 9, NORTH 31 32'35" WEST 113.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 9; THENCE ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 9, NORTH 86° 27'25" EAST 20.00 FEET TO THE NORTHWESTERLY CORNER OF LOT 10, AS SHOWN UPON THE MAP HEREINABOVE REFERRED TO; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10, SOUTH 3° 32'35'- EAST 113.00 FEET TO THE NORTHERLY LINE OF HARLIEGH DRIVE; THENCE ALONG SAID NORTHERLY LINE OF HARLIEGH DRIVE SOUTH 860 27'25" WEST 20.00 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF LOT 9 OF THE SARAH E. COYE TRACT IN THE QUITO RANCHO MADE BY N. E. BECKWITH, SURVEYOR, IN APRIL 1906. F-11 a 0 WD-1=011M 456091.6 M 213 .. # f•l l Z Portos Drive f Dolphin Drive- - c� }7 4 w v CD v 1, Alki Y �. ml u 7 SARATOGA CITY COUNCIL MEETING DATE: March 6, 2013 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director SUBJECT: Adoption of a Resolution of Intention to Abandon and Sell Unused City Property Located Near Gardiner Park Between 18929 and 18947 Harleigh Drive RECOMMENDED ACTION: Staff recommends that the City Council (1) adopt a resolution of intention (Attachment 1) to abandon and sell unused City Property located near Gardiner Park between 18929 and 18947 Harleigh Drive, setting a hearing date of April 17, 2013, and directing staff to prepare bid procedures and a form purchase and sale agreement and (2) direct staff regarding the budget allocation for proceeds from the sale. REPORT SUMMARY: There is an opportunity to sell an unused, unimproved, City -owned parcel located near Gardiner Park between 18929 and 18947 Harleigh Drive to one of the two adjacent property owners for fair market value through a public bidding process. The parcel, APN number 38929007, is outlined in red on the attached map (Attachment 2). If the parcel is sold, the Community Development Department would initiate a merger with the buyer's property under City Code Article 14 -65 (Merger of Parcels) so that the City parcel would become a part of the buyer's parcel. The parcel is 20 -feet by 113 -feet (approximately 2260 square feet or 0.05 acres). It and the adjoining parcels are designated as Medium Density Residential M -10 in the General Plan and zoned as Single Family Residential R -1- 10,000. The parcel was one of two parcels granted to the City in December of 1965. The minutes of the meeting at which the parcel was accepted indicate that it was intended for recreational use. There were no legal restrictions on use attached to the grant of the property, however. The second parcel, not proposed for sale, became Gardiner Park. It appears that the small parcel was intended to provide access to Gardiner Park across Wildcat Creek, since the park was surrounded by residential parcels at the time. However, the City subsequently obtained access between 19070 and 19091 Portos Drive. The smaller parcel was thus never developed or used for park purposes and is no longer necessary to serve as access to Gardiner Park. Many years ago, a previous owner of 18947 Harleigh Drive fenced and took possession of the parcel. The City became aware of this situation and in 1998 issued the property owner a Notice 215 of Violation, notifying him that such fencing violated the City Code. The owner then sold the property in 1999 without informing the buyers of the City's Notice of Violation. The City sent the new owners notice requiring them to remove the fence and landscaping improvements on the City parcel. The new owners resolved the violation by entering an agreement with the City allowing them temporary use of the property for the limited purpose of fencing and landscaping. The City may revoke the agreement at will and require the landowners to remove fencing and landscaping. The City is considering selling the parcel to one of the two adjoining landowners for several reasons. The parcel is unused and unnecessary for access to Gardiner Park. Further, development for use would require construction of a bridge over Wildcat Creek, which would be costly and subject to numerous state and federal permit requirements. Finally, the City earns no income from the parcel and proceeds from the sale could be used to fund City services and expenses. Although there is no use restriction in the deed granting the parcel to the City, in an abundance of caution staff is proposing to follow state laws regulating the sale of park property for the proposed sale of the parcel. Under the Municipal Park Abandonment Law of 1939, the City may abandon and sell property dedicated for park purposes if (1) the land has not been used by the public for park purposes, (2) no consideration has been paid for the land except by the City, and (3) no public funds have been expended to improve the land as a park. The unused property at Harleigh Drive meets these requirements. The Law also requires the City Council to adopt a resolution of intention to abandon the property, publish the resolution according to statutory requirements, and hold a hearing where it must pass on any objections to the abandonment. Adopting the attached resolution of intention is the first step to begin the process contemplated by the 1939 Law. On February 5, 2013, the Parks and Recreation Commission considered the proposed sale of the unused parcel. It recommended that the parcel be sold and forwarded the proposed sale to the Planning Commission for General Plan consistency review. On February 27, 2013, the Planning Commission considered the proposed sale of the unused parcel and determined that the sale would be consistent with the City of Saratoga General Plan. ENVIRONMENTAL DETERMINATION The sale and merger of the unused parcel is exempt from the California Environmental Quality Act (CEQA) because it has no potential for causing a significant effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). The merger is further exempt because it is a minor alternation in land use limitations that will not result in any change in land use or density, will not create a new parcel, and the average slope is less than 20 percent. Id. § 15305. The parcel is unimproved and the sale and merger will not change the nature of the use. Any possible future development on the parcel would be minor as required by existing General Plan and Zoning regulations and would itself be exempt from CEQA. Id. §§ 15301, 15303(a). FISCAL IMPACTS: The unused parcel would be sold for no less than its fair market value, which staff estimates to be $86,000. If the City Council decides to adopt the attached resolution of intention to abandon 216 and sell the property, it will need to direct staff regarding how the sale proceeds should be applied to the City's budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the City Council does not adopt the resolution of intention to abandon and sell the unused parcel, the parcel will continue to be owned by the City and the agreement between the adjacent property owners and the City would continue in effect. ALTERNATIVE ACTION: The City Council could choose not to adopt the resolution of intention. FOLLOW UP ACTION: If the City Council adopts the resolution of intention, there will be a City Council hearing held on April 17, 2013 when the City Council will pass on any objections and decide whether to abandon and sell the property. If the City Council decides to sell the property, staff will solicit offers to buy and negotiate a sale to the highest bidder. The City Council will then consider approving a final sale of the property. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution of Intention 2. Map of Parcel 217 RESOLUTION NO. 13 -010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO ABANDON AND SELL UNUSED CITY PROPERTY LOCATED NEAR GARDINER PARK. BETWEEN 18929 AND 18947 HARLEIGH DRIVE, SETTING A HEARING DATE OF APRIL 17, 2013, AND DIRECTING STAFF TO PREPARE BID PROCEDURES AND A FORM PURCHASE AND SALE AGREEMENT WHEREAS, in 1965 the City was granted a 2260 square -foot parcel located near Gardiner Park between 18929 and 18947 Harleigh Drive, APN # 38929007; and WHEREAS, the minutes of the meeting at which the parcel was accepted indicate that the parcel was intended for recreational use and circumstances show that it was likely meant to serve as an access parcel to what is now Gardiner Park; and WHEREAS, the parcel is unnecessary for access to Gardiner Park because a separate access parcel was obtained and developed off of Portos Drive; and WHEREAS, the parcel is unused and development for use would require the costly construction of a bridge over Wildcat Creek; and WHEREAS, on February 5, 2013, the Parks and Recreation Commission considered the proposed sale of the parcel and recommended that the parcel be sold; and WHEREAS, on February 27th, 2012, the Planning Commission determined that the proposed sale of the parcel is consistent with the City of Saratoga General Plan; and WHEREAS, the City Council wishes to abandon the parcel, sell it to an adjacent property owner through a public bidding process, and merge the parcel with the buyer's parcel. NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SARATOGA hereby: 1. Finds that the sale of APN # 38929007 and merger with the buyer's parcel is exempt from the California Environmental Quality Act under California Code of Regulations sections 15061(b)(3), 15301, 15303(a), and 15305. 2. Finds that the parcel has never been used by the public for park purposes, no consideration was paid for the Hand by the City or any other party, and no public funds have been expended to improve the land as a park. 2. Adopts this resolution of intention to abandon and sell APIA 9 38929007, located near Gardiner Park between 18929 and 18947 Harleigh Drive.. 218 3. Sets the regularly scheduled City Council meeting on April 17, 2013 as the time when the City Council will meet to hear any objections to the proposed abandonment and determine whether to abandon and sell the property. 4. Directs staff to prepare bid procedures for sale of the parcel and a form purchase and sale agreement. 5. Directs staff to publish and post this resolution of intention as required by state law. Passed and adopted on the 6th day of March, 2013 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: Council Member Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter NOES: None ABSENT: None ABSTAIN: None 4 1 Jill Hunter, Mayor ATTEST: C�n DATE: '1 � 1 3 CrystiAothelio, City Clerk 219 Attachment 2 Unused Marcel Between 18929 and 18947 Harleigh Drive 220