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HomeMy WebLinkAbout10-16-2013 City Council Agenda Packet6�1 a� 5 ARq OG `�trF0 AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL OCTOBER 16, 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 October 10, 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 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) COMMISSION INTERVIEWS — 5:40 P.M. TIME APPLICANT COMMISSION INCUMBENT VACANCIES 5:40 p.m. Thomas Soukup Parks and Recreation Yes 2 5:45 p.m. Rick Pearce Parks and Recreation No 2 5:50 p.m. Ping Li Parks and Recreation No 2 CALL JOINT MEETING TO ORDER — 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE 1. Joint Meeting with Saratoga Community Access Television Foundation (KSAR) 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 October 10, 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 10th day of October 2013 at Saratoga, California. Crystal Bothelio, City Clerk OA Table of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Recognition of Former Traffic Safety Commissioner Judy Coulter Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 8 Attachment A: Certificate Recognizing Former Traffic Safety Commissioner Judy Coulter . . . . . . . . . . . . . . . 10 Appointment of Traffic Safety Commissioner and Oath of Office Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 11 Attachment A: Resolution of Appointment . . . . . . . . . . . 13 Attachment B: Oath of Office . . . . . . . . . . . . . . . . . 14 Proclamation for October 24, 2013 as World Polio Day Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 15 Attachment A: Proclamation for World Polio Day . . . . . . . . 17 City Council Meeting Minutes Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 18 Attachment A: Minutes for Special and Regular City Council Meeting on October 2, 2013 . . . . . . . . . . . . . . 20 Review of Accounts Payable Check Registers Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 28 10/01/2013 Check Register . . . . . . . . . . . . . . . . . . 30 10/08/2013 Check Register . . . . . . . . . . . . . . . . . . 36 Treasurer's Report for the Month Ended August 31, 2013 Treasurer's Report for the Month Ended August 31, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Application ZOA13 -0006; 13777 Fruitvale Avenue; City of Saratoga - Annual Code Update Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 46 Saratoga Village Pedestrian Enhancement Street Light Work CML- 5332(018) — Notice of Completion. Council Report- Saratoga Village Pedestrian Enhancement Street Light Work . . . . . . . . . . . . . . . . 54 ATTACHMENT - 1 Notice of Completion . . . . . . . . . . . . 56 Hakone Gardens Driveway Repair — Notice of Completion Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 57 1. Notice of Completion . . . . . . . . . . . . . . . . . . . . 59 Guidelines for the Length of Commission Meetings Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 60 Attachment A: Resolution Establishing Guidelines for the Length of Commission Meetings . . . . . . . . . . . . . . 62 Community Event Grant Request — Montalvo Arts Splash Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 63 Attachment A: Community Event Grant Request . . . . . . . . 65 14065 Saratoga Avenue (Florence Cunningham House) - Mills Act Agreement STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . 68 1 RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . 70 CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . 72 INVENTORY REPORT . . . . . . . . . . . . . . . . . . . . 86 DPR RECORD . . . . . . . . . . . . . . . . . . . . . . . . 88 APPLICATION PHOTOS . . . . . . . . . . . . . . . . . . . 92 Plan and Timeline for Annexation of 206.9 Acres (STG05) Located in an Unincorporated Area of Santa Clara County to the South of Glen Una Drive Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 110 Attachment 1 - STG05 Annexation Timeline Resolution . . . . . 114 Attachment 2 - Table of steps required for annexation in Santa Clara County . . . . . . . . . . . . . . . . . . . . . . 115 Attachment 3 - Map of STG05 . . . . . . . . . . . . . . . . . 119 Commission Meeting Attendance Requirements Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 120 Attachment A: Commission Attendance Policies and Records for 2013 . . . . . . . . . . . . . . . . . . . . . . . 123 Attachment B: Sample Commission Attendance Policies . . . . 124 2 ra 01A AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, OCTOBER 16, 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 October 10, 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. Recognition of Former Traffic Safety Commissioner Judy Coulter Recommended action: Present certificate of appreciation to Traffic Safety Commissioner Judy Coulter. 2. Appointment of Traffic Safety Commissioner and Oath of Office Recommended action: Adopt the attached resolution appointing Ray Cosyn to the Traffic Safety Commission and direct the City Clerk to administer the Oath of Office. 3 3. Proclamation for October 24, 2013 as World Polio Day Recommended action: Read and present the proclamation declaring October 24, 2013 as World Polio Day in the City of Saratoga. 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. 4. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special and Regular City Council Meeting on October 2, 2013. 5. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 10/1/2013 Period 4 10/8/2013 Period 4 6. Treasurer's Report for the Month Ended August 31, 2013 Recommended action: Review and accept the Treasurer's Report for the month ended August 31, 2013. 7. Application ZOA13 -0006; 13777 Fruitvale Avenue; City of Saratoga -Annual Code Update Recommended action: Waive the second reading and adopt the proposed ordinance. 8. Saratoga Village Pedestrian Enhancement Street Light Work CML- 5332(018) — Notice of Completion. Recommended action: Move to accept the Saratoga Village Pedestrian Enhancement Street Light Work CML - 5332(018) Project as complete and authorize staff to record the Notice of Completion for the construction contract. 9. Hakone Gardens Driveway Repair — Notice of Completion Recommended action: Move to accept the Hakone Gardens Driveway Repair Project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. 2 PUBLIC HEARINGS None OLD BUSINESS 10. Guidelines for the Length of Commission Meetings Recommended action: Adopt the attached resolution establishing guidelines for the length of Commission meetings. NEW BUSINESS 11. Community Event Grant Request — Montalvo Arts Splash Recommended action: Determine whether or not to approve the Community Event Grant request for the Montalvo Arts Center's "Arts Splash Open House and Student Arts Festival." 12. 14065 Saratoga Avenue (Florence Cunningham House) - Mills Act Agreement Recommended action: The Heritage Preservation Commission (HPC) recommends the City Council adopt the attached Resolution and direct the City Manager to enter into a Mills Act Agreement for the property located at 14065 Saratoga Avenue. 13. Plan and Timeline for Annexation of 206.9 Acres (STG05) Located in an Unincorporated Area of Santa Clara County to the South of Glen Una Drive Recommended action: Review the proposed plan and timeline to annex a 206.9 acre area in unincorporated Santa Clara County and approve the attached resolution adopting a plan and timeline for the annexation. 14. Commission Meeting Attendance Requirements Recommended action: Provide direction to staff on amendments to the City's Commission meeting attendance requirements. 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 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 5 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 Council Finance Committee County HCD Policy Committee Destination Saratoga Liaison Highway 9 Ad Hoc Let's Move City Ad Hoc SASCC TEA Ad Hoc Council Member Chuck Paize Association of Bay Area Governments Highway 9 Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee Santa Clara County Expressway Plan 2040 Policy Advisory Board Sister City Liaison 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) 0 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 October 10, 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 10`h day of October 2013 at Saratoga, California. Crystal Bothelio, City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.sarato ag ca.us M a :,9f 10/16 11/06 11/20 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2013 Regular Meeting — Joint Meeting with Saratoga Community Access Television Foundation (KSAR) Regular Meeting — Joint Meeting with Senator Jim Beall, Assembly Member Paul Fong, and Supervisor Joe Simitian Regular Meeting — Joint Meeting Sister City Committee 12/04 Regular Meeting — Joint Meeting with Library Commission and Friends of the Saratoga Libraries 12/18 Regular Meeting — Joint Meeting with Hakone Foundation Board SARATOGA CITY COUNCIL l MEETING DATE: October 16, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Recognition of Former Traffic Safety Commissioner Judy Coulter RECOMMENDED ACTION: Present certificate of appreciation to Traffic Safety Commissioner Judy Coulter. BACKGROUND: Former Traffic Safety Commissioner Judy Coulter resigned her position on the Traffic Safety Commission on August 1, 2013 after moving to the City of Campbell. Judy was first appointed to the Traffic Safety Commission in 2007 and reappointed in 2011. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The certificate will not be presented. 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. Page 1 of 2 ATTACHMENTS: Attachment A: Certificate Recognizing Former Traffic Safety Commissioner Judy Coulter Page 2 of 2 9,44 (e�&, 6 7 1(�kmtl�qw ��Fi /��o /r t<_`��r��- is /iivi Hereby presented to for her service on the City of Saratoga Traffic Safety Commission. Witness my hand and the seal of the City of Saratoga on this 16th day of October 2013. Jill Hunter, Mayor 10 SARATOGA CITY COUNCIL l MEETING DATE: October 16, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Appointment of Traffic Safety Commissioner and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing Ray Cosyn to the Traffic Safety Commission and direct the City Clerk to administer the Oath of Office. BACKGROUND: Due to the resignation of Judy Coulter from the Saratoga Traffic Safety Commission, the City conducted a recruitment to fill the incomplete term ending January 1, 2016. The City Council held interviews on September 18, 2013 and selected Ray Cosyn to fill the remainder of the incomplete term. FISCAL IMPACTS: CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The appointment to the Traffic Safety Commission would not be made and the recruitment process would be reopened. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Update the City's Commission roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda Page 1 of 2 11 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 12 RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE SARATOGA TRAFFIC SAFETY COMMISSION WHEREAS, a vacancy on the Traffic Safety Commission was created when Judy Coulter resigned her position on the Commission; and and WHEREAS, the City conducted a recruitment for the incomplete term ending January 1, 2016; WHEREAS, interviews with the City Council were held on September 18, 2013; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following individual is appointed to the Saratoga Traffic Safety Commission: NAME COMMISSION TERM Ray Cosyn Traffic Safety October 1, 2013 January 1, 2016 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 16th day of October 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DATE: Crystal Bothelio, City Clerk 13 Jill Hunter, Mayor STATE OF CALIFORNIA COUNTY OF SANTA CLARA 1, Ray Cosyn, 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 16th day of October 2013. Crystal Bothelio City Clerk 14 Ray Cosyn, Member Traffic Safety Commission SARATOGA CITY COUNCIL l MEETING DATE: October 16, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office PREPARED BY: Debbie Bretschneider Deputy City Clerk CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Proclamation for October 24, 2013 as World Polio Day RECOMMENDED ACTION: Read and present the proclamation declaring October 24, 2013 as World Polio Day in the City of Saratoga. BACKGROUND: World Polio Day was established by Rotary International over a decade ago to commemorate the birth of Jonas Salk, who led the first team to develop a vaccine against poliomyelitis. The use of the vaccine led to the establishment of the Global Polio Eradication Initiative (GPEI) in 1988. Together, Rotary International and GPEI have reduced polio worldwide by 99 %. Saratoga Rotary is one of over 32,000 Rotary clubs located in more than 200 countries that initiate service projects to address today's challenges, including illiteracy, disease, hunger, poverty, lack of clean water, and environmental concerns. Members of Saratoga Rotary will be present to accept the proclamation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The proclamation will not be presented. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Page 1 of 2 15 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: Proclamation for World Polio Day Page 2 of 2 16 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING OCTOBER 24, 2013 AS "WORLD POLIO DAY" WHEREAS, World Polio Day was established by Rotary International over a decade ago to commemorate the birth of Jonas Salk, who led the first team to develop a vaccine against poliomyelitis; and WHEREAS, use of the vaccine led to the establishment of the Global Polio Eradication Initiative (GPEI) in 1988; and WHEREAS, when Rotary International began its mission to eradicate polio more than 350,000 children were stricken with polio every year; and WHEREAS, in 1988, there were over 124 polio - endemic countries, but in 2013, only three countries, Afghanistan, Nigeria, and Pakistan, remain polio - endemic; and WHEREAS, together, Rotary International and GPEI have reduced polio worldwide by 99 %; and WHEREAS, Rotary International has contributed more than 1.2 billion dollars and countless volunteer hours to help immunize more than two billion children against polio in 122 countries; and WHEREAS, Rotary International is currently working to raise money for polio eradication, which will be matched 2 to 1 by the Bill and Melinda Gates Foundation; and WHEREAS, Bill Gates praised Rotary for providing the volunteers, advocates, and donors who have helped bring about a 99 percent decline in the number of polio cases, and said, "The world would not be where it is without Rotary, and it won't get where it needs to go without Rotary.' ; and WHEREAS, The Bill & Melinda Gates Foundation has already donated $555 million to Rotary International for polio eradication; and WHEREAS, Saratoga Rotary is one of over 32,000 Rotary clubs located in more than 200 countries that initiate service projects to address today's challenges, including illiteracy, disease, hunger, poverty, lack of clean water, and environmental concerns. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby thank the Saratoga Rotary for their contributions to the Global Polio Eradication initiative and to proclaim October 24, 2013 to be: "WORLD POLIO DAY" WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16t" day of October 2013. Jill Hunter, Mayor City of Saratoga SARATOGA CITY COUNCIL l MEETING DATE: October 16, 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 Special and Regular City Council Meeting on October 2, 2013. BACKGROUND: The draft minutes for the Special and Regular City Council Meeting on October 2, 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 in ATTACHMENTS: Attachment A: Minutes for Special and Regular City Council Meeting on October 2, 2013 Page 2 of 2 19 MINUTES WEDNESDAY, OCTOBER 2, 2013 SARATOGA SPECIAL CITY COUNCIL MEETING The City Council held Closed Session at 5:15 p.m. in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. At 6:00 p.m., the Council called to order the Joint Meeting with representatives of Saratoga schools. SARATOGA REGULAR CITY COUNCIL MEETING Mayor Hunter called the meeting to order at 7:02 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 Kate Bear, City Arborist Macedonio Nunez, Public Works Department Engineer 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 September 26, 2013. REPORT FROM CLOSED SESSION Mayor Hunter announced that there was nothing to report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aaendized Items Kathleen King announced the Silicon Valley Turkey Trot on Thanksgiving Day in downtown San Jose. The event includes a 5K and 10K and benefits Second Harvest Food Bank, Housing Trust Silicon Valley, and Healthier Kids Foundation Santa Clara County. For more information and to register, visit http: / /svturkeZrot.com /. Trish Cypher provided the Council with an update on Senate Bill 1 and Senate Bill 792. She also spoke about the Association of Bay Area Governments and its ability to advocate for or against legislation. 20 Oral Communications - Council Direction to Staff None Communications from Boards and Commissions Cynthia Chang, Board Member of the Los Gatos Saratoga Union School District, provided an overview of the Council's Joint Meeting with representatives of Saratoga schools and also invited the public to a Rotary International fundraising concert on Saturday, October 5, 2013 at the Heritage Theater in Campbell. Council Direction to Staff None ANNOUNCEMENTS Council Member Lo announced the Quad- Chamber mixer on October 3, 2013 at Los Gatos Lodge from 5:30 p.m. to 7:00 p.m. Mayor Hunter announced Witchy Walk -A -Bout on October 26, 2013 from 2:00 p.m. to 4:00 p.m. in Saratoga Village. More information is available online at http: / /sarato ag villa.e. CEREMONIAL ITEMS Commendation for Saratoga Union School District Superintendent Lane Weiss Recommended action: Read and present commendation recognizing Saratoga Union School District Superintendent Lane Weiss. Mayor Hunter read and presented the commendation to Saratoga Union School District Superintendent Lane Weiss. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Study Session on September 9, 2013 and the Special and Regular City Council Meeting on September 18, 2013. CAPPELLO /PAGE MOVED TO APPROVE CITY COUNCIL MINUTES FOR THE STUDY SESSION ON SEPTEMBER 9, 2013 AND THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON SEPTEMBER 18, 2013. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 21 3. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 9/17/2013 Period 3 CAPPELLO /PAGE MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 9/17/2013 PERIOD 3. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 4. Annual City Code Update Recommended action: Waive the second reading and adopt the proposed ordinance. Council Member Page removed this item from the Consent Calendar to request additional information. Community Development Director James Lindsay addressed Council questions. Mayor Hunter invited public comment on the item. No one requested to speak. ORDINANCE NO. 307 PAGE / CAPPELLO MOVED TO WAIVE THE SECOND READING AND ADOPT THE PROPOSED ORDINANCE. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 5. Declaration of Surplus Vehicles and Authorization of their Disposal Recommended action: 1. Move to declare the following vehicles as surplus and authorize their disposal • Vehicle # 101, 2002 Ford F -150 CNG Truck (Compressed Natural Gas) • Vehicle #99, 2002 Ford F -150 CNG Truck ( Compressed Natural Gas) CAPPELLO /PAGE MOVED TO DECLARE THE FOLLOWING VEHICLES AS SURPLUS AND AUTHORIZE THEIR DISPOSAL: VEHICLE # 101, 2002 FORD F -150 CNG TRUCK (COMPRESSED NATURAL GAS); AND VEHICLE #99,2002 FORD F -150 CNG TRUCK ( COMPRESSED NATURAL GAS). MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 6. Cox Avenue Pedestrian Crossing Project— Notice of Completion Recommended action: Move to accept the Cox Avenue Pedestrian Crossing Project as complete and authorize staff to record the Notice of Completion for the construction contract. CAPPELLO /PAGE MOVED TO ACCEPT THE COX AVENUE PEDESTRIAN CROSSING PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION 22 CONTRACT. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 7. 2013 Pavement Management Program and Proposition 113 State Grant — Award of Construction Contract Recommended action: 1. Move to declare G. Bortolotto & Co. Inc. to be the lowest responsible bidder on the project. 2. Move to award a construction contract to G. Bortolotto & Co. Inc. in the amount of $625,205.53 3. Move to authorize staff to execute change orders to the contract up to $62,500. Council Member Miller removed this item from the Consent Calendar to request additional information about the project and explained he felt that the item needed further discussion due to the large dollar value of the contract. Public Works Director John Cherbone provided additional information about the item. Mayor Hunter invited public comment on the item. The following person spoke: Trish Cypher No one else requested to speak. MILLER/PAGE MOVED TO: DECLARE G. BORTOLOTTO & CO. INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT; AWARD A CONSTRUCTION CONTRACT TO G. BORTOLOTTO & CO. INC. IN THE AMOUNT OF $625,205.53; AND AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $62,500. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 8. Saratoga Village Pedestrian Enhancements Phase 2 — Award of Construction Contract Recommended action: 1. Approve Budget Resolution. 2. Move to declare Guerra Construction Group of Santa Clara to be the lowest responsible bidder on the project. 3. Move to award a construction contract to Guerra Construction Group in the amount of $980,559 and authorize the City Manager to execute the same. 4. Move to authorize staff to execute change orders to the contract up to $77,303. Council Member Miller removed this item from the Consent Calendar, because he felt it was an item of interest to the public and wanted an overview of the item to be presented during the meeting. Public Works Director John Cherbone provided an overview of the item. Mayor Hunter invited public comment on the item. 23 The following person requested to speak: Trish Cypher No one else requested to speak. RESOLUTION NO. 13 -064 MILLER/PAGE MOVED TO: APPROVE BUDGET RESOLUTION; DECLARE GUERRA CONSTRUCTION GROUP OF SANTA CLARA TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT; AWARD A CONSTRUCTION CONTRACT TO GUERRA CONSTRUCTION GROUP IN THE AMOUNT OF $980,559 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; AND AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $77,303. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE. NOES: HUNTER. ABSENT: NONE. PUBLIC HEARINGS None OLD BUSINESS 9. Civic Theater / Council Chambers Master Plan Presentation Recommended action: Review and accept the Civic Theater / Council Chambers Master Plan presented by Anderson - Brule' Architects, Inc. Recreation and Facilities Director Michael Taylor presented the staff report then introduced Pam Anderson - Brule', Kim Masleid, and Rose Steele with Anderson - Brule' Architects, Inc. to present the Civic Theater / Council Chambers Master Plan. Pam Anderson- Brule', Kim Masleid, and Rose Steele with Anderson- Brule' Architects, Inc. addressed the Council. Mayor Hunter invited public comment on the item. The following people spoke: Ed Hand, President of West Valley Light Opera John Wegner No one else requested to speak. PAGE /MILLER MOVED TO ACCEPT THE CIVIC THEATER / COUNCIL CHAMBERS MASTER PLAN PRESENTED BY ANDERSON- BRULE' ARCHITECTS, INC. AND DIRECT STAFF TO RETURN AT A FUTURE MEETING WITH A 5 YEAR CIVIC THEATER MASTER PLAN THAT INCLUDES REFINED DESIGNS AND COST ESTIMATES TO IMPLEMENT BATHROOM IMPROVEMENTS, ACCESSIBILITY TO THE CONTROL BOOTH, EXPANSION OF THE ORCHESTRA SPACE, IMPROVEMENTS 5 24 TO THE TICKET BOOTH, AND ADDITIONAL SEATING. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. NEW BUSINESS 10. Time Limits for Commission Meetings Recommended action: Provide direction to staff on development of a policy that institutes limits on the length of Commission meetings. City Clerk Crystal Bothelio presented the staff report. Mayor Hunter invited public comment on the item. The following person spoke: Prospect High School Student No one else requested to speak. PAGE /CAPPELLO MOVED TO DIRECT STAFF TO AGENDIZE A RESOLUTION ESTABLISHING COMMISSION MEETING LENGTH GUIDELINES TO ENSURE OPPORTUNITIES FOR PUBLIC PARTICIPATION IN COMMISSION DECISION MAKING AND MAINTAIN TRANSPARENCY OF COMMISSION BUSINESS BY CALLING ON COMMISSION CHAIRS TO ASSESS ITEMS ON AN AGENDA DURING A MEETING IF THE MEETING RUNS TO 10:00 P.M.; IF THE CHAIR BELIEVES THAT THE MEETING WILL END AFTER MIDNIGHT, THE CHAIR SHOULD REQUEST A MOTION TO CONTINUE ITEMS TO THE NEXT REGULAR MEETING TO PREVENT THE MEETING FROM GOING ON BEYOND 12:00 A.M. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 11. Resolution Amending Council Agency and Ad Hoc Assignments Recommended action: Approve resolution amending Resolution 13 -060 and the Council Agency and Ad Hoc Committee Assignments for the year 2013. City Clerk Crystal Bothelio presented the staff report. Mayor Hunter invited public comment on the item. No one requested to speak. RESOLUTION NO. 13 -065 MILLER/CAPPELLO MOVED TO APPROVE THE RESOLUTION AMENDING RESOLUTION 13 -060, THE COUNCIL AGENCY AND AD HOC COMMITTEE ASSIGNMENTS FOR THE YEAR 2013, AND APPOINT COUNCIL MEMBER PAGE TO THE SANTA CLARA COUNTY EXPRESSWAY PLAN 2040 POLICY ADVISORY BOARD. MOTION PASSED. 6 25 AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter Mayor Hunter announced vacancies on the Parks and Recreation Commission, Library Commission, Traffic Safety Commission, and Heritage Preservation Commission. She also shared that she attended an Assistance League event. Chamber of Commerce — Mayor Hunter has been attending meetings to discuss planning of the annual Tree Lighting. Hakone Foundation Board — Heritage Day and the Foundation fundraising barbeque at Hakone both turned out very well. Additionally, the Foundation is looking forward to new signage that will be installed at the museum. Vice Mayor Emily Lo Hakone Foundation Board — during the meeting on September 20, the group discussed new entry signage that will be installed on Big Basin. The design has been approved by the Heritage Preservation Commission and will be going before the Planning Commission. Additionally, Hakone will celebrate its 100 -year anniversary in 2015. The Board is going to plan events to celebrate the anniversary. Council Member Howard Miller West Valley Solid Waste Management Joint Powers Authority — the contract with West Valley Collection & Recycling is coming to a close and is expected to be approved by the board on October 23, 2013. Council Member Manny Cappello Destination Saratoga Liaison — the group held a media tour the weekend of September 28, 2013. Additionally, a writer from the San Francisco Chronicle will be in Saratoga the weekend of October 5, 2013. SASCC — the Board is working on the contract with the City and placing final touches. The contract is expected to come before the Council on November 6, 2013 for approval. Council Member Chuck Page Association of Bay Area Governments — the September general assembly meeting was canceled. Santa Clara County Cities Association — the Cities Association appointed Jason Baker to the Santa Clara County Emergency Operational Area Council. Sister City Liaison — the group is coordinating a trip to Pasadena that will include a number of activities, including garden and museum visits. Additionally, the group has been planning the anniversary event for next year. West Valley Sanitation District — during the San Jose -Santa Clara Regional Wastewater Facility Treatment Plant Advisory Committee meetings, Council Member Page continues to advocate for obtaining a bond for facility improvements now while interest rates are low. Currently, the City of San Jose plans to obtain a bond in a few years. CITY COUNCIL ITEMS Council Member Miller requested a discussion on whether high dollar contract items should be placed on the Consent Calendar. He then said that the matter could be left to the Mayor's discretion. 7 26 CITY MANAGER'S REPORT City Manager Dave Anderson provided an overview of the recent West Valley Mayors and Managers meeting, which included discussion on use of tablets for Council meetings. The Town of Los Gatos is interested in converting to a paperless packet by using iPads. City Manager Dave Anderson then commented on his participation in Heritage Day on September 28, 2013. ADJOURNMENT PAGE /CAPPELLO MOVED TO ADJOURN THE MEETING AT 10:38 P.M. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. Minutes respectfully submitted: Crystal Bothelio, City Clerk N. 27 MEETING DATE DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL October 16, 2013 Finance & Administrative Services Gina Scott SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 10/1/2013 Period 4 10/8/2013 Period 4 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 10/1/13 123891 123964 74 163,649.02 10/01/13 9/17/13 123890 Accounts Payable 1 10/8/13 1 123965 124018 54 144,882.08 10/08/13 1 10/1/13 123964 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Fund Dept. Purpose Amount 10/01/13 123955 1 The Planning Center CIP Parks Project PW Quarry Park Master Plan 38,492.18 10/08/13 123977 IComp Shared Risk Pool Worker's Comp Fund General Insurance Premium 48,816.59 Accounts Payable checks voided during this time period: AP Date I Check # Issued to Reason Status Amount 08/06/13 1 123540 lYangYangLyon Damaged Check Reissue check 1 213.75 W Cash reductions by fund: Period 4 Period 4 Fund # Fund Description 10/01/13 10/08/13 Total 111 General Fund 67,183.30 63,960.65 131,143.95 231 Village Lighting 19.80 2,286.68 2,306.48 232 Azule Lighting 245.15 245.15 233 Sarahills Lighting 256.89 256.89 241 Arroyo de Saratoga Landscape 68.00 68.00 242 Bonnet Way Landscape - 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 255.00 255.00 247 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 19.31 1 269.31 252 Prides Crossing Landscape 405.00 24.12 429.12 253 Saratoga Legends Landscape - 254 Sunland Park Landscape 260.00 260.00 255 Tricia Woods Landscape 34.00 9.53 1 43.53 271 Beauchamps Landscape 68.00 53.91 121.91 272 Bellgrove Landscape 4,200.00 498.76 4,698.76 273 Gateway Landscape 180.51 180.51 274 Horseshoe Landscape /Lighting 135.00 9.64 144.64 275 Quito Lighting 75.00 2,618.56 2,693.56 276 Tollgate LLD 80.00 46.01 126.01 277 Village Commercial Landscape 16.35 16.35 278 Brookglen L &L 50.00 50.00 311 Library GO Bond Debt Service - 411 CIP Street Projects 23,535.42 4,056.51 27,591.93 412 CIP Park & Trail Projects 41,413.18 41,413.18 413 CIP Facility Projects - 414 CIP Admin Projects - 421 Tree Fund 620.66 620.66 431 Grant Fund - CIP Streets 5,537.50 5,537.50 432 Grant Fund - Parks & Trails - 433 Grant Fund - Facilities - 434 Grant Fund - Admin Projects - 481 Gas Tax Fund - 611 Liability/Risk Mgt 4,056.00 4,056.00 612 Workers' Comp 50.00 50,970.50 51,020.50 621 Office Support 1,573.11 1,573.11 622 IT Services 6,065.21 4,142.96 10,208.17 623 Vehicle & Equipment Maint 3,223.74 236.30 3,460.04 624 Building Maintenance 5,087.35 13,873.49 18,960.84 631 Vehicle & Equipment Replacement - 632 IT Equipment Replacement - TOTALI 163,649.02 144,882.08 308,531.10 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 29 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/01/2013 CITY OF SARATOGA ACCTPA21 TIME: 14:17:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131001 00:00:00.000' ACCOUNTING PERIOD: 4/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 123891 10/01/13 234 11111 123891 10/01/13 234 11111 123891 10/01/13 234 11111 123891 10/01/13 234 11111 123891 10/01/13 234 11111 123891 10/01/13 234 TOTAL CHECK 2775302 BIG BASIN WAY 11111 123892 10/01/13 546 11111 123893 10/01/13 936 11111 123894 10/01/13 521 11111 123894 10/01/13 521 11111 123894 10/01/13 521 TOTAL CHECK 0.00 36.72 11111 123895 10/01/13 500 11111 123896 10/01/13 197 11111 123897 10/01/13 641 11111 123897 10/01/13 641 TOTAL CHECK 0.00 395.00 11111 123898 10 /01/13 500 11111 123899 10/01/13 90 11111 123899 10/01/13 90 TOTAL CHECK 11111 123900 10/01/13 1162 11111 123900 10/01/13 1162 11111 123900 10/01/13 1162 11111 123900 10/01/13 1162 TOTAL CHECK 11111 123901 10/01/13 500 11111 123902 10/01/13 1150 11111 123903 10/01/13 176 11111 123903 10/01/13 176 11111 123903 10/01/13 176 11111 123903 10/01/13 176 11111 123903 10/01/13 176 11111 123903 10/01/13 176 11111 123903 10/01/13 176 11111 123903 10/01/13 176 TOTAL CHECK 11111 123904 10/01/13 975 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ----- DESCRIPTION - - - -- A T & T 6246202 SUPERTRUNK • T & T 6246202 PROSPECT FIRE ALARMS • T & T 1115301 EL QUITO IRR MODEM • T & T 1115301 TITUS /PROSPECT MEDIAN • T & T 1115301 HISTORICAL PARK • T & T 2775302 BIG BASIN WAY ABAG POWER PURCHASING PO 6246202 ALLIANCE OCCUPATIONAL ME 6246202 ALLIED LOCK & SAFE INC 6246202 ALLIED LOCK & SAFE INC 1115301 ALLIED LOCK & SAFE INC 6246202 ALVARO OROZCO /KIMBERLY D 111 ARROWHEAD MOUNTAIN SPRIN 6246202 BKF ENGINEERS 4119122 -001 BKF ENGINEERS 4319122 -001 BRIAN BABCOCK 6128501 CALSENSE 1115301 CALSENSE 1115301 CAPITOL CHEVROLET 6235202 CAPITOL CHEVROLET 6235202 CAPITOL CHEVROLET 6235202 CAPITOL CHEVROLET 6235202 CAROL A. HUDSON 1114101 CHARLES M. SALTER ASSOCI 1114102 CIENEGA LANDSCAPING 1115301 CIENEGA LANDSCAPING 1115301 CIENEGA LANDSCAPING 2785302 CIENEGA LANDSCAPING 2465302 CIENEGA LANDSCAPING 2465302 CIENEGA LANDSCAPING 2755302 CIENEGA LANDSCAPING 1115301 CIENEGA LANDSCAPING 2465302 CITY OF SARATOGA -PETTY C 1115101 KID; GAS SERVICE AED ANNUAL SERVICES FACILITIES SUPPLIES CONGRESS SPRINGS KEYS FACILITIES SUPPLIES ARB12 -0001 DRINKING WATER SRVC PROF SVC THRU 7/21 PROF SVC THRU 7/21 WELLNESS -GYM MBRSHP IRRIGATION CONTROLLER IRRIGATION CONTROLLER AUTO SUPPLIES PARTS VEH #122 AUTO SUPPLIES AUTO SUPPLIES REFUND TRP13 -0257 PROF SVCS THRU 7/31 SEPT KEVIN MORAN PARK SEPT CONGRESS SPRINGS SEPT BROOKGLEN SEPT GREENBRIAR AZULE SEPGREENBRIAR SEAGULL SEPT QUITO LLA SEPT AZULE PARK GREENBRIAR IRRIG FILING FEES SALES TAX AMOUNT 0.00 428.02 0.00 31.00 0.00 16.14 0.00 16.35 0.00 16.35 0.00 16.35 0.00 524.21 0.00 1,000.00 0.00 425.00 0.00 75.58 0.00 91.47 0.00 31.32 0.00 198.37 0.00 2,320.00 0.00 114.15 0.00 612.50 0.00 4,727.50 0.00 5,340.00 0.00 50.00 0.00 5,833.33 0.00 527.38 0.00 6,360.71 0.00 104.89 0.00 262.81 0.00 83.67 0.00 36.72 0.00 488.09 0.00 125.00 0.00 3,762.50 0.00 275.00 0.00 400.00 0.00 50.00 0.00 135.00 0.00 95.00 0.00 75.00 0.00 395.00 0.00 25.00 0.00 1,450.00 0.00 12.50 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 10/01/2013 CITY OF SARATOGA ACCTPA21 TIME: 14:17:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131001 00:00:00.000' ACCOUNTING PERIOD: 4/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 123904 10/01/13 975 11111 123904 10/01/13 975 11111 123904 10/01/13 975 11111 123904 10/01/13 975 11111 123904 10/01/13 975 TOTAL CHECK CITY OF 11111 123905 10/01/13 229 11111 123906 10/01/13 235 11111 123907 10 /01/13 494 11111 123908 10/01/13 991 11111 123909 10/01/13 250 11111 123909 10/01/13 250 11111 123909 10/01/13 250 TOTAL CHECK 11111 123910 10/01/13 1060 11111 123911 10/01/13 378 11111 123911 10/01/13 378 TOTAL CHECK 11111 123912 10/01/13 416 11111 123912 10/01/13 416 TOTAL CHECK 11111 123913 10/01/13 421 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 11111 123914 10/01/13 454 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION CITY OF SARATOGA -PETTY C 1114101 PROF DUES CITY OF SARATOGA -PETTY C 1114201 PARKING FEES CITY OF SARATOGA -PETTY C 1114101 PROF DUES CITY OF SARATOGA -PETTY C 1113301 MTG EXPENSES CITY OF SARATOGA -PETTY C 1115101 FILING FEES COAST OIL COMPANY LLC 6235202 COMCAST 6223201 COMCAST 6223201 COMCAST 6223201 COTTON SHIRES AND ASSOCI 111 COTTON SHIRES AND ASSOCI 111 COTTON SHIRES AND ASSOCI 111 CSG CONSULTANTS INC. 1114201 EKIM PAINTING - NORTH, I 4119111 -001 EKIM PAINTING - NORTH, I 1115301 EVANS WEST VALLEY SPRAY 1115301 EVANS WEST VALLEY SPRAY 1115301 EWING IRRIGATION 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2435302 GACHINA LANDSCAPE MANAGE 2445302 GACHINA LANDSCAPE MANAGE 2455302 GACHINA LANDSCAPE MANAGE 2735302 GACHINA LANDSCAPE MANAGE 2475302 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2525302 GACHINA LANDSCAPE MANAGE 2555302 GACHINA LANDSCAPE MANAGE 2715302 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2765302 GACHINA LANDSCAPE MANAGE 2485302 GACHINA LANDSCAPE MANAGE 2415302 31 UNLEADED FUEL MNTHLY SVC 9/26 -10/25 MNTHLY SVC 9/20 -10/19 MNTHLY SVC 9/19 -10/18 GE013 -0005 GE013 -0007 GE013 -0006 BLDG REVIEW THRU 8/30 JOE'S TRAIL SOUNDWALL STAIN RAILS BIG BASIN WASP NEST AZULE WASP NEST HUTTON HSE IRRIGATION SUPPLIES SEPT AUSTIN MAINT SEPT BEAUCHAMPS MAINT SEPT BLANEY MAINT SEPT PARKING DIST MTC SEPT GARDINER MAINT SEPT MEDIANS SEPT LIBRARY SEPT CARNELIAN GLEN SEPT CUNNINGHAM /GLAS SEPT FREDRICKSBURG SEPT GATEWAY SEPT KERWIN SEPT DWNTWN NEWSPAPER SEPT PRIDES CROSSING SEPT TRICIA WOODS SEPT BEAUCHAMPS LLA SEPT DOWNTOWN SEPT TOLLGATE SEPT LEUTAR CT SEPT ARROYO DE SARA SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 15.00 40.00 15.00 42.98 5.00 130.48 1,504.90 115.76 90.71 34.74 1,470.00 1,702.55 1,580.98 4,753.53 3,060.00 250.00 1,500.00 1,750.00 250.00 175.00 425.00 150.15 167.00 188.00 196.00 270.00 144.00 3,587.00 464.00 68.00 135.00 102.00 102.00 270.00 68.00 405.00 34.00 68.00 126.00 80.00 75.00 68.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 10/01/2013 CITY OF SARATOGA ACCTPA21 TIME: 14:17:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131001 00:00:00.000' ACCOUNTING PERIOD: 4/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 123914 10/01/13 454 TOTAL CHECK 111 ARB13 -0016 11111 123915 10/01/13 742 11111 123915 10/01/13 742 TOTAL CHECK 2495302 SEPT MANOR DR 11111 123916 10/01/13 500 11111 123917 10/01/13 488 11111 123918 10 /01/13 14 11111 123918 10/01/13 14 11111 123918 10/01/13 14 11111 123918 10/01/13 14 11111 123918 10/01/13 14 11111 123918 10/01/13 14 11111 123918 10/01/13 14 TOTAL CHECK 11111 123919 10/01/13 19 11111 123919 10/01/13 19 11111 123919 10/01/13 19 TOTAL CHECK 11111 123920 10 /01/13 1065 11111 123921 10/01/13 61 11111 123921 10/01/13 61 TOTAL CHECK 11111 123922 10/01/13 500 11111 123923 10/01/13 500 11111 123924 10/01/13 221 11111 123924 10/01/13 221 11111 123924 10/01/13 221 11111 123924 10/01/13 221 11111 123924 10/01/13 221 11111 123924 10/01/13 221 TOTAL CHECK 11111 123925 10/01/13 500 11111 123926 10/01/13 499 11111 123927 10/01/13 50 11111 123928 10/01/13 1164 11111 123928 10/01/13 1164 TOTAL CHECK - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ----- DESCRIPTION - - -- GACHINA LANDSCAPE MANAGE 1115301 RPLC BATTERY CONTROL GIULIANI & KULL, INC 111 ENG SVCS SUB11 -003 GIULIANI & KULL, INC 111 ENG SVCS SUB13 -0004 HILDA CANALES 111 HOME DEPOT CREDIT SERVIC 1115301 HYDROTEC IRRIGATION EQUI 1115301 HYDROTEC IRRIGATION EQUI 1115301 HYDROTEC IRRIGATION EQUI 1115301 HYDROTEC IRRIGATION EQUI 1115301 HYDROTEC IRRIGATION EQUI 1115301 HYDROTEC IRRIGATION EQUI 1115301 HYDROTEC IRRIGATION EQUI 4219211 -002 IAN GEDDES TREE CARE, IN 4129222 -002 IAN GEDDES TREE CARE, IN 1115301 IAN GEDDES TREE CARE, IN 1115301 INTERSTATE ALL BATTERY C 1115201 INTERSTATE BATTERY SYSTE 6235202 INTERSTATE BATTERY SYSTE 6235202 REFUND FACILITY PARKS SUPPLIES IRRIGATION REPAIRS IRRIGATION REPAIRS INSTALL SPRINKLERS LANDSCAPE REPAIRS INSTALL SPRINKLERS ADD VALVE INSTALL TREE BUBBLER REMOVE MAPLE TREE CLEAN OAK TREE TRIM SYCAMORE STREETS SUPPLIES SMALL TOOLS EQUIPMENT SUPPLIES KRISTEN DEHN 222.54 1116101 REFUND CANCELLED CLS LI HAO 480.00 111 ARB13 -0016 LORAL LANDSCAPING, INC 2515302 SEPT MCCARTYSVILLE LORAL LANDSCAPING, INC 2545302 SEPT SUNLAND PARK LORAL LANDSCAPING, INC 2495302 SEPT MANOR DR LORAL LANDSCAPING, INC 2725302 SEPT BELLGROVE LORAL LANDSCAPING, INC 2745302 SEPT HORSESHOE LORAL LANDSCAPING, INC 2725302 BELLGROVE PLANTING MARK BOWMAN 1116101 REFUND CANCELLED CLS CARPENTERS LOCAL 2236 (M 111 DED:3000 DUES MOORE, KAREN 1116101 INSTRUCTOR - TRUFFLES MOUSER LAW FIRM 1113301 EMPLOYMENT /LABOR SEA MOUSER LAW FIRM 1113301 EMPLOYMENT /LABOR HR 32 SALES TAX AMOUNT 0.00 222.54 0.00 6,839.54 0.00 480.00 0.00 720.00 0.00 1,200.00 0.00 500.00 0.00 737.58 0.00 81.81 0.00 320.73 0.00 239.43 0.00 267.71 0.00 754.43 0.00 369.73 0.00 620.66 0.00 2,654.50 0.00 720.00 0.00 610.00 0.00 740.00 0.00 2,070.00 0.00 29.36 0.00 101.08 0.00 107.61 0.00 208.69 0.00 330.00 0.00 2,380.00 0.00 250.00 0.00 260.00 0.00 130.00 0.00 1,710.00 0.00 135.00 0.00 2,490.00 0.00 4,975.00 0.00 150.00 0.00 308.00 0.00 88.00 0.00 1,677.00 0.00 2,938.00 0.00 4,615.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 10/01/2013 CITY OF SARATOGA ACCTPA21 TIME: 14:17:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131001 00:00:00.000' ACCOUNTING PERIOD: 4/14 33 4 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 123929 10/01/13 500 NAGI PRABHU ill REFUND FACILITY 0.00 300.00 11111 123930 10/01/13 1062 NI GOVERNMENT SERVICES, 1117102 AIR TIME 8/1- 8/31/13 0.00 75.88 11111 123931 10/01/13 145 OFFICE DEPOT INC. 1113301 OFFICE SUPPLIES 0.00 73.16 11111 123931 10/01/13 145 OFFICE DEPOT INC. 1114201 OFFICE SUPPLIES 0.00 5.35 11111 123931 10/01/13 145 OFFICE DEPOT INC. 1114201 OFFICE SUPPLIES 0.00 54.51 11111 123931 10/01/13 145 OFFICE DEPOT INC. 1114101 OFFICE SUPPLIES 0.00 33.59 11111 123931 10/01/13 145 OFFICE DEPOT INC. 1114101 OFFICE SUPPLIES 0.00 46.32 11111 123931 10/01/13 145 OFFICE DEPOT INC. 1114201 OFFICE SUPPLIES 0.00 10.00 11111 123931 10 /01/13 145 OFFICE DEPOT INC. 1118101 OFFICE SUPPLIES 0.00 77.22 11111 123931 10/01/13 145 OFFICE DEPOT INC. 1115101 OFFICE SUPPLIES 0.00 27.69 TOTAL CHECK 0.00 327.84 11111 123932 10/01/13 156 OKIN,YELENA 1116101 INSTRUCTOR- BEADING 0.00 43.50 11111 123933 10/01/13 60 ONTRAC 1115101 DELIVERY CHARGES 0.00 5.88 11111 123934 10/01/13 918 O'REILLY AUTO PARTS 6235202 SMALL TOOLS 0.00 22.76 11111 123934 10/01/13 918 O'REILLY AUTO PARTS 6235202 AUTO PARTS 0.00 44.17 TOTAL CHECK 0.00 66.93 11111 123935 10/01/13 173 PACIFIC GAS & ELECTRIC 6235202 NATURAL GAS VEHICLE 0.00 13.24 11111 123935 10/01/13 173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS 0.00 100.21 11111 123935 10/01/13 173 PACIFIC GAS & ELECTRIC 1115301 PARKS /OPEN SPACE 0.00 9.89 11111 123935 10/01/13 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 19.80 11111 123935 10/01/13 173 PACIFIC GAS & ELECTRIC 2735302 GATEWAY SERVICE 0.00 78.51 11111 123935 10/01/13 173 PACIFIC GAS & ELECTRIC 1115201 MONTE VISTA DRIVE 0.00 9.86 TOTAL CHECK 0.00 231.51 11111 123936 10/01/13 1092 PALACE ART & OFFICE SUPP 1112101 OFFICE SUPPLIES 0.00 74.39 11111 123936 10/01/13 1092 PALACE ART & OFFICE SUPP 1116101 OFFICE SUPPLIES 0.00 69.17 11111 123936 10/01/13 1092 PALACE ART & OFFICE SUPP 1115101 OFFICE SUPPLIES 0.00 72.34 11111 123936 10/01/13 1092 PALACE ART & OFFICE SUPP 1116201 OFFICE SUPPLIES 0.00 51.42 11111 123936 10/01/13 1092 PALACE ART & OFFICE SUPP 1115201 OFFICE SUPPLIES 0.00 52.08 11111 123936 10/01/13 1092 PALACE ART & OFFICE SUPP 1113101 OFFICE SUPPLIES 0.00 119.33 TOTAL CHECK 0.00 438.73 11111 123937 10/01/13 195 PAPA MEMBERSHIP 1115301 MEMBERSHIP -BEAN 0.00 45.00 11111 123937 10/01/13 195 PAPA MEMBERSHIP 1115301 MEMBERSHIP - JUAREZ 0.00 45.00 11111 123937 10/01/13 195 PAPA MEMBERSHIP 1115301 MEMBERSHIP -MEEK 0.00 45.00 TOTAL CHECK 0.00 135.00 11111 123938 10/01/13 278 PETROTEK 6235202 SEPT FUEL TESTING 0.00 200.00 11111 123938 10/01/13 278 PETROTEK 6235202 EQUIPMENT MAINTENANCE 0.00 260.10 TOTAL CHECK 0.00 460.10 11111 123939 10/01/13 326 PONY EXPRESS TACK 6246202 FACILITIES CAPS 0.00 105.70 11111 123939 10/01/13 326 PONY EXPRESS TACK 1114201 SHIRTS - BUILDING 0.00 208.70 TOTAL CHECK 0.00 314.40 33 4 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 10/01/2013 CITY OF SARATOGA ACCTPA21 TIME: 14:17:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131001 00:00:00.000' ACCOUNTING PERIOD: 4/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 123940 10/01/13 774 11111 123941 10/01/13 500 11111 123942 10/01/13 500 11111 123943 10/01/13 87 11111 123943 10/01/13 87 11111 123943 10/01/13 87 TOTAL CHECK 0.00 116.02 11111 123944 10 /01/13 1039 11111 123945 10/01/13 136 11111 123945 10/01/13 136 TOTAL CHECK 0.00 7,398.86 11111 123946 10/01/13 137 11111 123947 10/01/13 147 11111 123948 10/0.1/13 1079 11111 123949 10/01/13 162 11111 123949 10/01/13 162 11111 123949 10 /01/13 162 11111 123949 10/01/13 162 11111 123949 10/01/13 162 TOTAL CHECK 11111 123950 10/01/13 236 11111 123950 10/01/13 236 TOTAL CHECK 11111 123951 10/01/13 266 11111 123951 10/01/13 266 TOTAL CHECK 11111 123952 10/01/13 1097 11111 123953 10/01/13 308 11111 123953 10/01/13 308 11111 123953 10/01/13 308 TOTAL CHECK 11111 123954 10/01/13 313 11111 123955 10/01/13 1143 11111 123956 10/01/13 354 11111 123957 10/01/13 1082 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ----- DESCRIPTION - -- R&S ERECTION 4129211 -004 REPAIR DOOR RAZI MOHIUDDIN 1116201 REFUND FAC CLOSED ROBERT MALONE 1114101 REFUND TRP13 -0259 SAN JOSE WATER COMPANY 1115301 PARKS /OPEN SPACE SAN JOSE WATER COMPANY 1115301 MEDIANS /PARKWAYS SAN JOSE WATER COMPANY 6246202 BUILDINGS SANCHEZ ELECTRIC, INC. 6246202 CLEANING PV SYSTEMS SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE VEH #116 SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE VEH #121 SECURETECH FENCE SYSTEM, 6118499 SHIMODA MICHIKO 1116101 SIEMENS INDUSTRY, INC. 1115201 SILICON VALLEY COMM NEWS 4119142 -011 SILICON VALLEY COMM NEWS 4119152 -002 SILICON VALLEY COMM NEWS 1114102 SILICON VALLEY COMM NEWS 1114201 SILICON VALLEY COMM NEWS 1114201 FENCE REPAIR INSTRUCTOR - IKEBANA TRAFFIC SIGNAL /LIGHTS LL 4923130 LL 4939449 LL 4932153 LL 4937323 LL 4948707 SOLECTRIC ELECTRICAL 1115301 REPLACE GFCI SOLECTRIC ELECTRICAL 1115301 RPLC LGHT POLE HAKONE SUNGARD PUBLIC SECTOR IN 6223201 OCT ASP SERVICE SUNGARD PUBLIC SECTOR IN 6223201 OCT HTE ASP SUPPORT TENNYSON ELECTRIC, INC. 411 TESTING ENGINEERS 4119122 -001 TESTING ENGINEERS 4319122 -001 TESTING ENGINEERS 4129222 -002 THE MERCURY NEWS 1118101 THE PLANNING CENTER 4129281 -002 TONY LEM 1115301 TRI- VALLEY CONTRACTING, 4119111 -001 34 RET REL PROJ 9122 -001 HWY 9 PHASE II HWY 9 PHASE II HAKONE GARDENS DRIVEWA SRVC 9/30- 12/27/13 QUARRY PARK MASTER PLA CALIFORNIA FLAG STREET RESURFACING SALES TAX AMOUNT 0.00 949.00 0.00 165.00 0.00 125.00 0.00 15,109.50 0.00 1,408.45 0.00 1,007.48 0.00 17,525.43 0.00 1,768.89 0.00 95.35 0.00 386.44 0.00 481.79 0.00 984.00 0.00 185.00 0.00 1,425.00 0.00 688.80 0.00 259.14 0.00 761.68 0.00 208.92 0.00 116.02 0.00 2,034.56 0.00 142.50 0.00 2,170.00 0.00 2,312.50 0.00 5,390.00 0.00 409.00 0.00 5,799.00 0.00 7,398.86 0.00 90.00 0.00 810.00 0.00 1,252.00 0.00 2,152.00 0.00 40.30 0.00 38,492.18 0.00 92.65 0.00 4,897.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 10/01/2013 CITY OF SARATOGA ACCTPA21 TIME: 14:17:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131001 00:00:00.000' ACCOUNTING PERIOD: 4/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 123958 10/01/13 1091 WEST COAST ARBORISTS, IN 6118401 TREE INVENTORY 0.00 3,072.00 11111 123959 10/01/13 432 WEST VALLEY COLLECTIONS 1115301 CONGRESS SPRINGS BIN 0.00 325.00 11111 123960 10/01/13 500 WU CHING -AN CHARLIE & YU 1114101 REFUND TRP13 -0256 0.00 125.00 11111 123961 10/01/13 500 YING QIN 1114101 DEP REFUND TRP13 -0168 0.00 125.00 11111 123962 10/01/13 696 ZAG TECHNICAL SERVICES, 6223201 IT SUPPORT SERVICES 0.00 25.00 11111 123963 10 /01/13 446 ZAP MANUFACTURING, INC 4119111 -001 STREETS SUPPLIES 0.00 3,203.88 11111 123963 10/01/13 446 ZAP MANUFACTURING, INC 4119111 -001 STREETS SUPPLIES 0.00 6,135.24 TOTAL CHECK 0.00 9,339.12 11111 123964 10/01/13 447 ZEE MEDICAL SERVICE 1115201 FIRST AID SUPPLIES 0.00 75.50 11111 123964 10/01/13 447 ZEE MEDICAL SERVICE 1115301 FIRST AID SUPPLIES 0.00 75.50 TOTAL CHECK 0.00 151.00 TOTAL CASH ACCOUNT 0.00 163,649.02 TOTAL FUND 0.00 163,649.02 TOTAL REPORT 0.00 163,649.02 35 6 SUNGARD PUBLIC SECTOR DATE: 10/08/2013 CITY OF SARATOGA TIME: 13:17:51 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131008 00:00:00.000' ACCOUNTING PERIOD: 4/14 PAGE NUMBER: 1 ACCTPA21 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 123965 10/08/13 234 A T & T 6246202 MNTHLY RECUR CHGS 0.00 179.34 11111 123965 10/08/13 234 A T & T 6246202 ALARM SYSTEM PHONES 0.00 89.57 11111 123965 10/08/13 234 A T & T 6246202 SR CENTER ALARMS 0.00 31.51 11111 123965 10/08/13 234 A T & T 1117102 EMERGENCY RESPONSE 0.00 193.80 11111 123965 10/08/13 234 A T & T 6246202 PROSPECT CENTER 0.00 75.94 11111 123965 10/08/13 234 A T & T 6223201 PROSPECT CTR INTERNET 0.00 82.00 11111 123965 10/08/13 234 A T & T 1115301 CORP YARD EMERG LN 0.00 42.65 11111 123965 10/08/13 234 A T & T 1115301 BLANEY PHONE MODEM LN 0.00 15.83 TOTAL CHECK 0.00 710.64 11111 123966 10/08/13 500 AMELIA CORONEL 1116101 EXCURSION CANCELLED 0.00 99.00 11111 123967 10/08/13 500 ASSISTANCE LEAGUE 1118301 CELEBRATE SVC GRANT 0.00 25.00 11111 123967 10/08/13 500 ASSISTANCE LEAGUE 111 REFUND FACILITY 0.00 500.00 TOTAL CHECK 0.00 525.00 11111 123968 10/08/13 500 BRIAN BABCOCK 1112101 PARKING FOR SEMINAR 0.00 16.70 11111 123969 10/08/13 95 CAL -WEST LIGHTING & SIGN 1115301 WILDWOOD PARK OUTAGE 0.00 563.91 11111 123970 10/08/13 130 CDW GOVERNMENT 6223201 SYMANTEC LIC RENEWAL 0.00 3,321.00 11111 123971 10/08/13 1150 CHARLES M. SALTER ASSOCI 1114102 PROF SRVCS THRU 8/31 0.00 2,615.00 11111 123972 10/08/13 176 CIENEGA LANDSCAPING 1115301 AZULE PARK CLEANUP 0.00 415.00 11111 123973 10/08/13 179 CIM AIR, INC 6246202 HVAC REPAIRS 0.00 2,740.10 11111 123974 10/08/13 517 CITY OF SAN JOSE 1117101 ANIMAL SVCS 10/13 0.00 15,013.70 11111 123975 10/08/13 922 CITY OF SARATOGA RECREAT 1118301 CELEBRATE SVC GRANT 0.00 495.00 11111 123976 10/08/13 930 COLE SUPPLY COMPANY, INC 1115301 BATHROOM SUPPLIES 0.00 632.24 11111 123977 10/08/13 924 COMP SHARED RISK POOL /AB 6128501 Q PREMIUM 10/1 -12/31 0.00 48,816.59 11111 123978 10/08/13 589 CPO LTD 6213102 MNTHLY SVC 8/22 -9/21 0.00 1,539.30 11111 123979 10/08/13 273 CRW SYSTEMS, INC 1114101 CRW CONF - FOSSATI 0.00 350.00 11111 123980 10/08/13 342 DATA TICKET INC 1117101 AUG CITATION FEES 0.00 100.00 11111 123981 10/08/13 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR -GOLF 0.00 222.40 11111 123981 10/08/13 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR -GOLF 0.00 332.80 11111 123981 10/08/13 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR -GOLF 0.00 444.80 11111 123981 10/08/13 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR -GOLF 0.00 1,305.60 11111 123981 10/08/13 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR -GOLF 0.00 326.40 TOTAL CHECK 0.00 2,632.00 11111 123982 10/08/13 1 DEPARTMENT OF REVENUE 1117101 SEPT PARKING CIT 0.00 262.50 11111 123983 10/08/13 1136 DIVISION OF THE STATE AR 111 JULY -SEPT 2013 SB1186 0.00 140.10 36 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 10/08/2013 CITY OF SARATOGA ACCTPA21 TIME: 13:17:51 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131008 00:00:00.000' ACCOUNTING PERIOD: 4/14 2 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 123984 10/08/13 460 GOLDEN STATE COMMUNICATI 1117102 MOTOROLA CP200 VHF 150 0.00 3,190.00 11111 123984 10/08/13 460 GOLDEN STATE COMMUNICATI 1117102 MOTOROLA CP200 SPARE B 0.00 1,110.00 11111 123984 10/08/13 460 GOLDEN STATE COMMUNICATI 1117102 MOTOROLA CP200 RACK CH 0.00 390.00 11111 123984 10/08/13 460 GOLDEN STATE COMMUNICATI 1117102 TAX 0.00 405.68 11111 123984 10/08/13 460 GOLDEN STATE COMMUNICATI 1117102 DELIVERY 0.00 98.00 TOTAL CHECK 0.00 5,193.68 11111 123985 10/08/13 1168 HH BAUER & ASSOCIATES, I 1117102 EMERG PREP SUPPLIES 0.00 647.88 11111 123986 10/08/13 14 HYDROTEC IRRIGATION EQUI 1115301 IRRIGATION GARDNER 0.00 2,154.43 11111 123987 10/08/13 1170 ICC PENINSULA CHAPTER 1114201 ICC MEMBERSHP FRANCIS 0.00 30.00 11111 123988 10/08/13 63 INTERSTATE TRAFFIC CONTR 4119121 -001 TRAFFIC SUPPLIES 0.00 617.70 11111 123989 10/08/13 92 JOHN DEERE LANDSCAPES, I 1115201 SMALL TOOLS 0.00 157.64 11111 123989 10/08/13 92 JOHN DEERE LANDSCAPES, I 1115201 DISCOUNT TAKEN 0.00 -2.90 TOTAL CHECK 0.00 154.74 11111 123990 10/08/13 917 JOSON FENCE 1115301 CONGRESS PARK FENCE 0.00 539.23 11111 123991 10/08/13 567 KANEN TOURS 1116101 EXCURSION 8/10/13 0.00 1,094.40 11111 123992 10/08/13 524 KIRK, ROBERT 111 JUL -AUG 2013 REIMB 0.00 600.00 11111 123993 10/08/13 500 KRISTEN DEHN 1116101 REFUND CANCELLED CLS 0.00 91.00 11111 123994 10/08/13 100 KSAR 1118301 4 BROADCASTS 0.00 2,600.00 11111 123995 10/08/13 500 MARY PANCHENKO 1113301 REIMB FOR INFO BOARD 0.00 11.92 11111 123996 10/08/13 996 MEGAPATH 6223201 ISP ANNUAL SERVICES 0.00 739.96 11111 123997 10/08/13 79 MUNISERVICES LLC 1118101 BL SVCS THRU 9/30/13 0.00 912.04 11111 123998 10/08/13 135 NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES 0.00 646.00 11111 123998 10/08/13 135 NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES 0.00 209.00 TOTAL CHECK 0.00 855.00 11111 123999 10/08/13 145 OFFICE DEPOT INC. 1114101 OFFICE SUPPLIES 0.00 25.10 11111 123999 10/08/13 145 OFFICE DEPOT INC. 1114201 OFFICE SUPPLIES 0.00 78.29 TOTAL CHECK 0.00 103.39 11111 124000 10/08/13 540 ORCHARD SUPPLY 6246202 FACILITIES SUPPLIES 0.00 75.99 11111 124001 10/08/13 918 O'REILLY AUTO PARTS 6235202 EQUIPMENT PARTS 0.00 179.21 11111 124002 10/08/13 610 PACIFIC DISPLAY, INC 1115301 LIGHTS - BLANEY TREE 0.00 1,752.38 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS 0.00 9,826.04 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 1115201 TRAFFIC SIGNALS 0.00 1,189.64 37 2 SUNGARD PUBLIC SECTOR DATE: 10/08/2013 CITY OF SARATOGA TIME: 13:17:51 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131008 00:00:00.000' ACCOUNTING PERIOD: 4/14 PAGE NUMBER: 3 ACCTPA21 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 1115301 PARKS /OPEN SPACE 0.00 758.07 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 2,286.68 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 2325302 AZULE LIGHTING 0.00 245.15 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 2335302 SARAHILLS LIGHTING 0.00 256.89 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 2515302 MCCARTYSVILLE 0.00 19.31 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 2525302 PRIDES CROSSING 0.00 24.12 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 2555302 TRICIA WOODS 0.00 9.53 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 2715302 BEAUCHAMPS 0.00 53.91 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 2725302 BELLGROVE CIRCLE 0.00 498.76 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 2745302 HORSESHOE DR. 0.00 9.64 11111 124003 10/08/13 173 PACIFIC GAS & ELECTRIC 2755302 QUITO LIGHTING 0.00 808.11 11111 124003 10 /08/13 173 PACIFIC GAS & ELECTRIC 1115201 CITY WIDE ST LIGHTS 0.00 1,152.35 TOTAL CHECK 0.00 17,138.20 11111 124004 10/08/13 1092 PALACE ART & OFFICE SUPP 1115201 OFFICE SUPPLIES 0.00 13.38 11111 124004 10/08/13 1092 PALACE ART & OFFICE SUPP 1114101 OFFICE SUPPLIES 0.00 193.13 TOTAL CHECK 0.00 206.51 11111 124005 10/08/13 774 R &S ERECTION 1115301 RPR DOOR CONGRESS SPR 0.00 836.00 11111 124006 10/08/13 388 RATRA, RICK 6235202 PROPANE 0.00 57.09 11111 124007 10/08/13 87 SAN JOSE WATER COMPANY 2765302 TOLLGATE 0.00 46.01 11111 124008 10/08/13 69 SASCC 1118301 Q2 SVC SUPPORT 13/14 0.00 5,250.00 11111 124008 10/08/13 69 SASCC 1118301 Q2 SUPPLEMENTAL 13/14 0.00 4,500.00 11111 124008 10/08/13 69 SASCC 1118301 Q2 ADULT CARE 13/14 0.00 5,500.00 TOTAL CHECK 0.00 15,250.00 11111 124009 10/08/13 1079 SIEMENS INDUSTRY, INC. 4119111 -001 TRAFFIC SIGNAL /LIGHTS 0.00 3,438.81 11111 124009 10/08/13 1079 SIEMENS INDUSTRY, INC. 2755302 POLE LIGHT REPAIR 0.00 1,810.45 TOTAL CHECK 0.00 5,249.26 11111 124010 10/08/13 160 SIERRA PACIFIC TURF SUPP 1115301 RYEGRASS 0.00 383.06 11111 124011 10/08/13 236 SOLECTRIC ELECTRICAL 1115301 PG &E MTR PEDESTAL 0.00 849.00 11111 124012 10/08/13 1077 SUNNYVALE BUILDING MAINT 1115301 SEPT MON JANITORIAL 0.00 875.00 11111 124012 10/08/13 1077 SUNNYVALE BUILDING MAINT 1115301 SEPT FRI JANITORIAL 0.00 198.00 11111 124012 10/08/13 1077 SUNNYVALE BUILDING MAINT 1115301 SEPT WEEKEND PARK MTC 0.00 715.00 TOTAL CHECK 0.00 1,788.00 11111 124013 10/08/13 1169 PROMOTIONS NOW 6128501 WELLNESS SUPPLIES 0.00 2,153.91 11111 124014 10/08/13 336 TLC ADMINISTRATORS 1113301 125 ADMIN FEES 10/13 0.00 175.00 11111 124015 10/08/13 343 TMT ENTERPRISES INC 1115301 REDWOOD SAWDUST 0.00 65.25 11111 124016 10/08/13 500 WARREN LAMPSHIRE 111 REFUND FACILITY 0.00 300.00 11111 124017 10/08/13 439 XEROX CORPORATION 6213102 CR FOR SVC RYU- 272971 0.00 -19.77 11111 124017 10/08/13 439 XEROX CORPORATION 6213102 COPY SVC RYU- 272971 0.00 53.58 38 SUNGARD PUBLIC SECTOR DATE: 10/08/2013 CITY OF SARATOGA TIME: 13:17:51 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131008 00:00:00.000' ACCOUNTING PERIOD: 4/14 PAGE NUMBER: 4 ACCTPA21 39 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 124017 10/08/13 439 XEROX CORPORATION 6213102 COPY SVC RYU- 4271159 0.00 19.77 11111 124017 10/08/13 439 XEROX CORPORATION 6213102 CR FOR SVC RYU- 427159 0.00 -19.77 TOTAL CHECK 0.00 33.81 11111 124018 10/08/13 1127 YANG YANG LYON 1116101 REPLACE CHK #123540 0.00 101.25 11111 124018 10/08/13 1127 YANG YANG LYON 1116101 REPLACE CHK #123540 0.00 112.50 11111 124018 10/08/13 1127 YANG YANG LYON 1116101 INSTRUCTOR -DANCE 0.00 93.75 11111 124018 10/08/13 1127 YANG YANG LYON 1116101 INSTRUCTOR -DANCE 0.00 261.75 11111 124018 10/08/13 1127 YANG YANG LYON 1116101 INSTRUCTOR -DANCE 0.00 441.00 TOTAL CHECK 0.00 1,010.25 TOTAL CASH ACCOUNT 0.00 144,882.08 TOTAL FUND 0.00 144,882.08 TOTAL REPORT 0.00 144,882.08 39 SARATOGA CITY COUNCIL MEETING DATE: October 16, 2013 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DIRECTOR: Mary Furey SUBJECT: Treasurer's Report for the Month Ended August 31, 2013 RECOMMENDED ACTION Review and accept the Treasurer's Report for the month ended August 31, 2013. REPORT SUMMARY California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2 -20, Section 2- 20.035 designates the City Manager as the City Treasurer. This report is prepared to fulfill this requirement. The following attachments provide various financial transaction data for the City of Saratoga's Funds collectively as well as specifically for the City's General (Operating) Fund, including an attachment from the State Treasurer's Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of August 31, 2013, the City had $265,358 in cash deposit at Comerica bank, and $14,584,196 on deposit with LAIF. Council Policy on Working Capital Reserve Funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of August 31, 2013 is $14,849,554 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank $ 265,358 Deposit with LAIF $ 14,584,196 Total Unrestricted Cash $ 14,849,554 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance — which represents the actual amount of funds available. W Adjusting Cash to Ending Fund Balance Total Unrestricted Cash $ 14,849,554 Plus: Assets 466,053 Less: Liabilities (1,315,640) Ending Fund Balance $ 13,999,967 Fund Balance Designations In February 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This standard left unchanged the total amount reported as fund balance, but substantially altered the categories and terminology used to describe its components. The new categories and terminology focus, not on financial resources available for appropriation, but on the extent to which the government is bound to honor constraints on the specific purpose for which the amounts in the fund can be spent. The components of fund balance are now categorized as follows: "non- spendable fund balance ", resources that are inherently non - spendable from the vantage point of the current period; "restricted fund balance ", resources that are subject to enforceable legal restrictions; "committed fund balance ", resources whose use is constrained by limitations the government imposes upon itself through formal action at its highest level of decision making and remains binding unless removed in the same manner; "assigned fund balance ", resources that reflects a government's intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and "unassigned fund balance ", net resources in excess of what can properly be classified in one of the other four categories. Currently, the City's fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A 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 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 A — Change in Total Fund Balances by Fund under GASB 54 B — Change in Total Fund Balances by CIP Project C — Change in Cash Balance by Month D — Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 41 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 42 Fund Increase/ Balance (Decrease) Current Current Fund Balance FundDescri 'on 7/1/13 Jul - Au Revenue Expenditure Transfers 8/31/13 General Fund Restricted Fund Balances: Environmental Services 463,182 - - - 463,182 Committed Fund Balances: Hillside Stability 675,000 - - 675,000 Assigned Fund Balances: Capital Projects & Efficiency Reserve 418,714 - - 418,714 Facility Reserve 300,000 - - 300,000 Unassigned Fund Balances: Working Capital 2,923,096 - - - 2,923,096 Fiscal Uncertainty 1,500,000 - - - 1,500,000 Development Services 667,233 - - - 667,233 Compensated Absences 200,000 - - - 200,000 OtherUnassi ned(PreYEdistribution) 2,771,450 (1,189,876 ) 746,733 1,243,884 1,084,423 General Fund Total 9,918,675 (1,189,876) 746,733 1,243,884 - 8,231,648 Special Revenue Landscape /Lighting Districts 621,947 (44,559) 241 29,723 - 547,906 Capital Project Street Projects 1,230,619 (19,899) 5,249 59,072 - 1,156,897 Park and Trail Projects 1,003,347 62,100 - 116,564 - 948,884 Facility Projects 260,858 - 5,006 30,444 - 235,419 Administrative Projects 191,039 - - 5,000 - 186,039 Tree Fund Projects 45,700 10,025 - - - 55,726 CIP Grant Street Projects 363,656 (1,026) 22,862 41,396 - 344,096 CIP Grant Park & Trail Projects (161,107) - - - - (161,107) CIP Grant Facility Projects - - - - - - CIP Grant Administrative Projects - - - - - - Gas Tax Fund Projects 486,222 66,146 94,287 51,153 - 595,501 Debt Service Library Bond 885,757 (688,814) 803 500 - 197,247 Internal Service Fund Liability /Risk Management 230,059 (159,672) - 4,644 - 65,742 Workers Compensation 293,720 1,487 - 3,613 - 291,593 Office Support Fund 24,021 12,913 807 3,241 - 34,500 Information Technology Services 281,284 51,285 - 27,309 - 305,260 Equipment Maintenance 10,427 31,415 - 8,611 - 33,231 Building Maintenance 184,901 149,711 976 59,230 - 276,358 Equipment Replacement 442,089 50,000 - 5,000 - 487,089 Technology Replacement 156,318 12,710 - 1,089 - 167,938 Total City 16,469,530 1,656,054 876,965 1,690,474 - 13,999,967 42 ATTACHMENT B FUND BALANCES BY CIP PROJECT 43 Fund Increase / Fund Balance (Decrease) Current Current Balance CIP Funds /Projects 7/1/13 Jul -Aug Revenue Expenditure Transfers 8/31/13 Street Projects Annual Street Resurfacing. 304,167 (9,998) 5,249 26,662 - 272,756 Roadway Safety & Traffic Calming 32,659 (9,881) - 4,338 - 18,440 Highway 9 Safety Project - Phase II (Ped Paths) 18,134 - - 4,463 - 13,671 Highway 9 Safety Project - Phase III (Bicycles) 24,514 (20) - (20) - 24,514 Highway 9 Safety Project - Phase IV 90,000 - - - - 90,000 Fmitvale Ave Medians 15,907 - - 15,907 - - \rUage I,ED Streetlights 5,180 - - - - 5,180 Annual Sidewalks Project 31,335 - - - - 31,335 El Quito Area Curb Replacement 37,552 - - - - 37,552 Village- Streetscape hnprovements 144,757 - - - - 144,757 Village -Phase H Design 13,363 - - - - 13,363 Village -Phase D Construction 221,333 - - 7,723 - 213,611 Fourth Street Bridge 100,000 - - - - 100,000 Quito Road Bridge Replacement Design 90,593 - - - - 90,593 Parking District #3 Hillside 2,380 - - - - 2,380 Under round Project 98,744 98,744 Total Street Projects 1,230,619 (19,899) 5,249 59,072 - 1,156,897 Parks & Trails Projects Park/Trail Repairs 6,570 - - - - 6,570 Playground Safety Equipment 20,078 - - - - 20,078 Park Restroomhnprovements 39,929 - - 186 - 39,743 Blaney Plana Improvements 6,527 - - - - 6,527 Hakone Carden Matching Funds 250,000 - - - - 250,000 Hakone Carden Retaining Wall & D/W 310,375 - - 78,490 - 231,885 Hakone Carden Upper Moon House 125,000 - - - - 125,000 Wildwood Bridge Rehab - 62,100 - - - 62,100 Saratoga to Sea Quarry Master Plan 244,868 37,887 206,981 Total Parks & Trails Projects 1,003,347 62,100 - 116,564 - 948,884 Facility Projects Facility Projects 20,348 - - - - 20,348 Security Locks 40,000 - - - - 40,000 City Hall Emergency Power Backup 87;455 - - 25,130 - 62,325 Wainscoting Rehabilitation 588 - - - - 588 Theater Improvement 44,881 - 5,006 5,314 - 44,573 Civic Theater Master Plan 60,000 - - - - 60,000 W HH Furniture & Equipment 2,914 - - - - 2,914 McWilliams House Improvements 3,703 - - - - 3,703 Library Building Exterior Maintenance Projects 970 970 Total Facility Projects 260,858 - 5,006 30,444 - 235,419 Administrative Projects Financial System Upgrade 3,534 - - - - 3,534 PW Document Imaging Project 67,435 - - - - 67,435 CDD Document Imaging Project 22,120 - - - - 22,120 CMO Document hnaging Project 17,528 - - - - 17,528 Village Fagade Program 8,821 - - 5,000 - 3,821 Business Development Incentive Program 21,600 - - - - 21,600 Risk Management Project Funding 50,000 50,000 Total Administrative Projects 191,039 - - 5,000 - 186,039 Tree Fund Projects Citywide Tree Planting Program 22,826 10,025 - - - 32,851 Tree Dedication Program 21,125 - - - - 21,125 SMSCF Tree Donation Program 1,750 1,750 Total Tree Fund Projects 45,700 10,025 - - - 55,726 CIP Grant Street Projects Prob 1B Grant Resurfacing 466,818 - - - - 466,818 Highway 9 Safety hnprovements Phase H (23,712) - - - - (23,712) Village LED Street Lights (25,207) - - - - (25,207) Village Sidewalk, Curb & Gutter Phase I (34,158) - - - - (34,158) Quito Road Bridges (20,085) (1,026) 22,862 41,396 (39,64 Total CIP Grant Street Projects 363,656 (1,026) 22,862 41,396 - 344,095 CIP Grant Park & Trail Projects AB8939 Beverage Container Grant Funding 22,043 - - - - 22,043 Joe's Trail at Saratoga / De Anna 183,150) 183,150 Total CIP Grant Park & Trail Projects (161,107) - - - - (161,107) CIP Grant Facility Projects - - - - - - CIP Grant Administrative Projects - - - - - - Gas Tax Fund Projects Annual Street Resurfacing 374,189 66,146 94,287 51,153 - 483,469 Fmitvale Avenue Median 2,033 - - - - 2,033 Arroyo de Arguello Storm Drain 70,000 - - - - 70,000 Quito Road & Pasco Olivos Storm Drain 40,000 40,000 Total Gas Tax Fund Projects 486,222 66,146 94,287 51,153 - 595,501 Total CIP Funds 3,420,333 117,346 127,404 303,629 3,361,454 43 ATTACHMENT C CASH BALANCE BY MONTH $20,000,000 $15,000,000 ,044 $10,000,000 $5,000,000 Cash Balance ,156,166 $0 .. .. ATTACHMENT D Local Agency Investment Fund Quarterly Apportionment Rates 1977 March 5.68 June 5.78 September 5.84 December 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.381 0.361 0.351 0.32 2013 0.281 0.241 1 45 SARATOGA CITY COUNCIL MEETING DATE: October 16, 2013 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: James Lindsay SUBJECT: Annual City Code Update RECOMMENDED ACTION: Waive the second reading and adopt the proposed ordinance. BACKGROUND: On September 18, 2013, the Council opened and conducted a public hearing, introduced the ordinance, and voted to place the ordinance for second reading and adoption on the October 2, 2013 agenda. Due to a noticing issue, the second reading of the Annual Code Updates has been placed on the October 16, 2013 Council Agenda for a second time. The full text of the ordinance was included in the October 2, 2013 Agenda Packet and is available online at: http://saratoga.uanicus.com/MetaViewer.php?meta id=37592&view=&shoMdf= l . The October 2 staff report is also available online at: http://saratoaa.granicus.com/MetaViewer.php?meta id=37591 &view= &showpdf = l . The ordinance reflects the City Council's modifications, the Planning Commission's recommendations regarding Chapter 15 (Zoning) and staff recommendations concerning other provisions of the City Code. REPORT SUMMARY The following table summarizes the proposed changes to the Code. Chapter 4 Amendments Regarding Taxicabs Topic Current Approach and Problem Proposed Changes 1. Taxicab The City Code currently imposes numerous Staff is proposing to revise the rules to Regulation requirements on taxicab operators in the City. allow operation of any taxicab that has The City does not have a program in place to received a permit from another city or carry out the permit processing required. The county as long as the city or county City has not received complaints regarding permit system complies with applicable taxicab operators and therefore has not state laws. The ordinance retains the prioritized enforcement of this Article of the definition of taxicab from the current Code. State regulatory system ., Chapter 7 Amendments Regarding Animal Control Hearings and Outdoor Music Permits Topic Current Approach and Problem Proposed Changes 2. Hearings with Section 7- 20.120(a) states that the deadline for Staff is proposing to revise the notice of the Animal Control a hearing with the City's Animal Control hearing requirements (Section 7- Officer Officer concerning the impoundment of an 20.120(c)) to set the hearing within 7 animal shall occur within seven days after business days of a request and state that a receipt of a hearing request. This timing hearing shall occur four days after the 5. "Kitchen" deadline could mean that a hearing would Animal Control Officer has mailed or Definition have to occur on a weekend day or a holiday. hand delivered a hearing notice to the used for the cooking and preparation of food. animal owner or person requesting such This definition could define a kitchen as any hearing. 3. Outdoor Music Section 7- 30.090(b) [Outdoor Music Permits] The expiration date of City Code Section Permits expires on November 1, 2013. Staff is 7- 30- 090(b) is being extended to April 1, Definition currently preparing updates to the Noise 2014. Element and Noise Ordinance to present to the included in Net Site Area. Planning Commission and City Council. The City Council is expected to review these updates in January 2014. Chapter 15 (Zoning) Amendments Topic Current Approach and Problem Proposed Changes 4. Health/Fitness The list of proposed amendments includes the A definition of Health/Fitness Centers has Center addition of specific parking requirements for been added as Section 15- 06.331. Health/Fitness Centers. The City Code does not currently have a definition of Health/Fitness Centers. 5. "Kitchen" City Code Section 15 -06 -400 defines a Proposed modifications include Definition "Kitchen" as "a room designed, intended or expanding the definition of "kitchen" by used for the cooking and preparation of food. adding the requirement that either a 220 This definition could define a kitchen as any volt outlet or a natural gas connection for room in a house with a sink and or microwave. a cooking appliance be available. 6. "Site" City Code Section 15- 06.620(a)(5) "Site" Staff is proposing to remove the current Definition states that areas of a site designated as Mrf on reference to "Mrf' as being an area that is the City's Ground Movement Potential Map included in Net Site Area. are included in the definition of Net Site Area. The Mrf designation was eliminated during the recent update to the Ground Movement Safety Map. 7. Medical and The "Medical Office" definition in City Code Staff is proposing to modify the definition Professional Office Section 15- 06.480(c) applies to all doctors and of Professional Office so that it includes Definitions dentists including similar practitioners of therapists and healing arts professionals medical and healing arts for humans. Medical and other similar providers as a permitted Offices are listed as a conditionally permitted use in the C -N and C -V commercial use in both the C -N and C -V commercial zoning districts. zoning districts and are considered such due to the potential for the creation of medical waste, 47 Topic Current Approach and Problem Proposed Changes odors, or noise. However, therapists, chiropractors, and similar professionals meet their clients in office type settings more similar in nature to a professional office, have a low probability of creating a "nuisance" but are still defined as a Medical Office and required to obtain a Use Permit in the C -N and C -V zoning districts. 8. Santa Clara The City Code references a specific date as the Remove the current effective date of National Pollution most current policies adopted by the Santa October 17, 2001 from the City Code and Discharge Clara Valley Urban Runoff Pollution instead refer to the "current" policies of Elimination System Prevention Program. This program is often the Santa Clara Valley Urban Runoff updated which make it impractical to include a Pollution Prevention Program. date reference in the code. 9. Subterranean The City Code does not include a definition Section 15- 06.685 "Subterranean Structures for subterranean structures such as wine Structures" would be added to the City cellars when they are located outside the Code which includes development footprint of an existing structure. standards for such structures. This type of use would not count as Floor Area but would be counted as 50% in the total allowable site coverage. 10. Design Review Article 15 -44 "Wireless Telecommunications Staff is proposing to modify all applicable Code Cross- Facilities" was added to the City Code in areas of the code to change references References for November 2012. This Article includes Design requiring Design Review to Article 15 -44 Antenna Facilities Review Findings that were previously for all antenna facilities operated by a included in Article 15 -46. Certain sections of public utility for transmitting and the City Code incorrectly state that Design receiving cellular and other wireless Review is required under Article 15 -46 and communications. not Article 15 -44. 11. Updates to the City Code Sections 15- 13.050 (Hillside Staff is proposing to modify City Code City's Ground Residential) and 15- 20.050 (Residential Open Sections 15- 13.050 and 15- 20.050 to be Movement Space) limits the location of Building Sites consistent with changes to the updated Potential Map within particular geologic hazard designations Safety Element of the General Plan. as depicted on the City's Ground Movement Potential Map. Some of these designations are not consistent with recent changes to the City's Safety Element of the General Plan. 12. Exterior Side The minimum side setback area for lots in the Staff is proposing to modify City Code Setbacks for Lots Hillside Residential zoning district is 20 feet Section 15- 30.090(2) to clarify that the Zoned Hillside with no mention of an exterior side setback. interior side setbacks are 20 feet and the Residential The minimum exterior side setback for vacant exterior side setbacks are 25 feet which lots and lot created after May 18, 1992 is 25 would be consistent with the minimum feet which is inconsistent with lots that are not side setback for vacant lots in the HR vacant. zoning district. 13. Temporary City Code Section 15- 30.060(d) (Signs Section 15- 30.060(d) would be modified Special Event Signs allowed in any zoning district without a sign thereby removing the statement that there permit) states that there is a limit on the be no more than eight temporary signs per number and size of temporary special event event and no individual sign shall exceed signs that are included with a City issued ten feet in height and sixty square feet in .; Topic Current Approach and Problem Proposed Changes Special Event Permit. Not all temporary area. events are similar in scope and size and staff would like the flexibility to regulate the number and size of temporary special event signs during the Special Event Permit process. 14. Parking The City Code does not include off - street Section 15- 35.0300) "Schedule of off - Requirements for parking requirements for health/fitness centers street parking spaces" would be added to Health/Fitness such as gyms. The existing parking the City Code specifying that the off - Centers and requirement for "clubs ", such as country clubs, street parking requirements for modifications to the is too restrictive and is not directly applicable Health/Fitness Centers would be one parking ratio for to health/fitness centers. space for each 150 square feet of gross multi - family floor area. developments per The adopted 2007 -2014 Housing Element the 2007 -2014 included Policy Action 4 -1.9 that the City A definition of Health/Fitness Center has Housing Element. would consider modifications to the parking been added as Section 15- 06.331. ratio for multi - family dwellings to encourage the development of affordable housing. Section 15- 35.030(c) would be modified to state that for one - bedroom dwelling units and for housing developments occupied exclusively by students or seniors, the required parking would be one space within a garage for each dwelling unit plus one -half additional space on site. 15. Administrative Code Section 15- 45.065 includes the Code Section 15- 45.065 would be Design Review of requirements for residential building modified to state that Administrative Major Residential construction to qualify for Administrative Design Review would be required for Additions Design Review. Staff would like to clarify the "Any work that would expand the floor text of the existing requirements so that they area by over fifty percent" or "Any work are easier to comprehend by the general public that would modify the footprint by over and easier to administer by Staff . fifty percent." References to the removal, replacement, or reconstruction of structural elements would be removed. 16. Decreasing the Code Section 15- 45.070(a)(2) specifies that a Modify Section 15- 45.070(a)(2) to minimum setback boundary survey is required if new require that a boundary survey is required requiring the construction is three feet or closer to a if construction is proposed two feet or preparation of a required setback area. The building closer to a required setback area. boundary survey department requires a setback certificate from and clarifying when a licensed land surveyor prior to foundation Clarify that cross sections are required for cross sections are construction. all projects regardless of location. required. The City's development application checklist requires that all projects include architectural cross sections. The City code states that cross sections are only required on hillside lots. 17. Timing for the Code Section 15- 45.075(b) includes the Code Section 15- 45.075(b) would be installation of story requirements for the installation of "story modified to state that "story poles" are to poles and removal poles" and does not specifically state the be installed "no later than three working of height timing requirements for their installation. days prior to advertising the public certification hearing" or in the case of Administrative requirement Code Section 15- 45.075(c) requires the Design Review applications, "no later .• Topic Current Approach and Problem Proposed Changes mandatory submission of a letter signed by the than three working days prior to the project surveyor or civil engineer certifying Notice of Intent to Approve." the accuracy of the story poles. The cost to prepare this letter can add additional financial Code Section would be modified to state costs to the applicant and may not be required that story pole height certification letters unless the height accuracy of the story poles is would be required for projects 24 feet or in question. taller in height or when requested by the Community Development Director or designated representative. 18. Replacement of Code Section 15- 45.100 allows structures that Code Section 15- 45.100 (Replacement of destroyed have been destroyed by fire, etc to be rebuilt Destroyed Nonconforming Structures) nonconforming with their previous non - conforming setbacks would be eliminated. structures. and floor area. The material is this section is repeated in Code Section 15 -65.70 thereby making Section 15- 45.100 superfluous. 19. Number of The City Code limits the number of wood Section 15- 48.030 would be modified to Fireplaces per Lot burning fireplaces to one per structure and one state that only one wood - burning fireplace per dwelling unit in multi - family projects. would be permitted per lot instead of one Both a single - family dwelling and a detached per structure. Multi- family projects could guest house can have a wood burning fireplace continue to have one fireplace per and there is no limit on the number of wood dwelling unit. burning fireplaces that can be located outside of a structure (i.e. outdoor fireplaces) thereby These modifications would have no effect allowing wood burning fireplaces to on wood burning devices used for the proliferate. preparation of food (e.g. wood burning ovens and outdoor barbeques) 20. Tree Removal The tree regulations which include the criteria Section 15- 50.080(a)(10) would be added Permits and Solar for the approval of a tree removal permit which adds a new criterion for approving Panels (Code Section 15- 50.080) do not currently a tree removal permit when the tree state that the City Arborist may approve a tree proposed for removal interferes with the removal permit for a tree that interferes with installation and efficient operation of the installation or efficient operation of solar solar panels. panels. 21. Repair or Code Section 15- 65.020 defines the type of To provide consistency to the definitions Alteration of repairs or maintenance that may be performed of both minor or major repairs and Nonconforming on nonconforming structures. The current alteration, references to construction cost Structures definition of both major and minor repairs and would be removed to be replaced with additions requires evaluations of the estimated construction valuation. cost of construction of the nonconforming structure that is subject to the work. The definition of Reconstruction would include any work that would expand the When calculating building permit fees the floor area by over 50% or modify the Building Department considers a projects footprint by over 50 %. The summary valuation and not cost. Using the term table contained in Code Section 15- "valuation" when considering the extent of 65.025 would also be modified to include repair or alteration to nonconforming the revised definitions. structures would provide consistency. The definition of "reconstruction" has been difficult for staff and the public to interpret as 50 Topic Current Approach and Problem Proposed Changes it requires evaluations of the estimated cost of construction and not the extent of the work. 22. Nonconforming Code Section 15- 65.070 allows reconstruction The update allows reconstruction up to Structures of nonconforming structures destroyed by fire, 75% of the construction valuation subject destroyed by etc to previous configuration. The current to required permits and specified natural disasters standards limit such reconstruction only when standards and would allow reconstruction such as fire. at least 25% of the construction valuation of exceeding 75% of the valuation of the the structure remains. This has made it structure subject to review by the difficult for residents to obtain homeowners Planning Commission provided that in insurance. both cases the reconstruction does not exceed the structure's pre- damaged first and second story footprint. 23. Required When the minimum residential side setback is Section 15- 80.030(b)(2) would be setbacks for more than ten feet, Code Section 15- modified by inserting the word "interior" accessory pool 80.030(b)(2) states that accessory pool to clarify required side setbacks for pool equipment equipment may be located within a side equipment. setback area and ten feet from the side lot line. The Code does not state if the minimum side setback is the "interior" setback or the "exterior" street side setback. 24. Definition of The definition of tobacco product created in The definition of Tobacco Product Tobacco Product 2010 for Article 11 -15 — "Tobacco Free contained in Code Section 15- 80.130(3) Recreation areas" is not consistent with the would be modified to match the definition definition of Tobacco Product contained in of Tobacco Product contained in Code City Code Section 15- 80.130(2). Both Section 11- 15.010. definitions should be consistent. 25. Basements — City Code Section 15- 80.035 requires all Code Section 15- 80.035(d) would be Geotechnical basements and basement additions to obtain modified to only require that basement Review and Geotechnical Clearance from the City and basement additions receive Lightwells Geologist. However, not all areas of the City Geotechnical Clearance from the City are subject to geotechnical hazards and such a Geologist if they are located in an area as review is not always necessary. The Building identified on the City's Ground Department will still require the clearance of a Movement Potential Map has being licensed soil engineer prior to issuance of a located in an area with significant building permit. potential for ground movement. Lightwells are not permitted to encroach into a The code includes a list of architectural required setback area which makes it features that can encroach into setbacks. sometimes difficult to construct basements on The modification would allow lightwells narrow lots. The definition of lightwell limits to have the same setback encroachments the width to four feet which is too restrictive if as fireplaces and would remove the width all other standards are being met. limits from the definition. 51 Topic Current Approach and Problem Proposed Changes 26. State Density City Code Section 15- 81.040 makes reference The amendment (1) deletes a reference to Bonus to the Planned Community District which no the planned community district which no longer exists in the City Code. The Code is longer exists and (2) brings the code into not in compliance with State law requiring the conformance with State law (Government City Council to consider the City's means of Code 65915(d)(3)) which requires that the compliance with State density bonus City Council consider the City's means of requirements. compliance with State density bonus comply with all mandatory measures. requirements. Chapter 16 (Building Regulations) Amendments Topic Current Approach and Problem Proposed Changes 27. Build it Green The Community Development Section 16- 47.020 would be updated to Department has substituted the Build it remove references to Build it Green Green "GreenPoint Rated" rating system for development projects as referenced in City Code Section 16- 47.020 with the California Green Standards Code (CalGreen) and requires projects to comply with all mandatory measures. 28. Ground Movement The City recently updated the Safety Staff is proposing to modify Article 16 -65 to Potential Maps Element of the General Plan which be consistent with changes to the updated included updates to the Ground Safety Element of the General Plan. Movement Potential Map. Article 16 -65 (Ground Movement Potential Maps) includes definitions and designations which are not consistent with these recent changes to the Safety Element. The Code amendments above are implemented by the Ordinance, available online at http://saratoaa.p-ranicus.com/MetaViewer.php?meta id=37592&view=&shoMdf= l . ENVIRONMENTAL DETERMINATION: The proposed ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. 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. In this circumstance, Staff is recommending amendments to the existing City Code and related sections; the amendments and additions would have a de minimis impact on the environment. FISCAL IMPACT(S): There are no negative fiscal impacts associated with the approval of the proposed ordinance and resolution. 52 ALTERNATIVE ACTION(S): None FOLOW UP ACTIONS(S): As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: A notice of the public hearing on this agenda item was published in the Saratoga News on September 6, 2013. 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. 53 SARATOGA CITY COUNCIL l MEETING DATE: October 16, 2013 AGENDA ITEM: DEPARTMENT: Public Works PREPARED BY: Macedonio Nunez Associate Engineer CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Saratoga Village Pedestrian Enhancement Street Light Work CML- 5332(018) — Notice of Completion. RECOMMENDED ACTION: Move to accept the Saratoga Village Pedestrian Enhancement Street Light Work CML - 5332(018) Project as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: All work for the Saratoga Village Pedestrian Enhancement Street Light Work CML - 5332(018) Project has been completed by the City's contractor, Amland Corp and has been inspected by Public Work's staff. The scope of the work includes furnishing all materials, equipment and labor to install 93 new street light poles and LED street light fixtures in the Village along Big Basin Way. In order to close out the construction contract and begin the one -year maintenance /warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30 -day Stop Notice for the filing of claims by subcontractors or material providers may commence. FISCAL IMPACTS: The majority of the project was funded by a Congestion Mitigation and Air Quality Improvement (CMAQ) grant in the amount of $218,150. The final contract amount is within the approved project budget of $266,400. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION: N/A Page 1 of 2 54 FOLLOW UP ACTION: Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was 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 and residents may subscribe to the agenda on -line by opting in at www.sarato ag ca.us. ATTACHMENTS: 1. Notice of Completion for the Saratoga Village Pedestrian Enhancement Street Light Work CML- 5332(018) Project. Page 2 of 2 55 Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 16th day of October, 2013. Contract Number: N/A Contract Date: April 18th, 2012 Contractor's Name: Amland Corp Contractor's Address: 3166 Knights Bridge Rd, San Jose CA 95132 Description of Work: Saratoga Village Pedestrian Enhancement Street Light Work CML- 5332(018) Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on )2013. CITY OF SARATOGA BY: ATTEST: Dave Anderson City Manager 56 Crystal Bothelio, City Clerk Gov. Code 40814 SARATOGA CITY COUNCIL MEETING DATE: October 16, 2013 AGENDA ITEM: DEPARTMENT: PREPARED BY: City Manager's Office Iveta Harvancik Senior Engineer CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Hakone Gardens Driveway Repair — Notice of Completion RECOMMENDED ACTION: Move to accept the Hakone Gardens Driveway Repair Project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. BACKGROUND: All work on the Hakone Gardens driveway repair project has been completed by Hillside Drilling, Inc. to the satisfaction of the City Engineer. The scope of work included replacement of failed retaining walls above and below the one -way downhill driveway, drainage improvements and a new guardrail. Overall, the quality of construction completed through this contract was very satisfactory. The project was completed on time and within the budget. It is therefore recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract. FISCAL IMPACTS: This project was funded in the fiscal year 2012/13 capital budget and the final contract amount is within the approved project budget of $252,033. Page 1 of 2 57 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project can be accepted as complete. ALTERNATIVE ACTION(S): �a FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contract. 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. Notice of Completion Page 2 of 2 Recording requested by, And to be returned to: City of Saratoga City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on or around the 1st day of October, 2013. Contract Number: N/A Contract Date: May 1, 2013 Contractor's Name: Hillside Drilling, Inc. Contractor's Address: 539 South 11th Street, Richmond, CA 94804 Description of Work: Hakone Gardens Driveway Repair Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on October 16, 2013. CITY OF SARATOGA BY: ATTEST: Dave Anderson City Manager 59 Crystal Bothelio, City Clerk Gov. Code 40814 i MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL October 16, 2013 City Manager's Office Crystal Bothelio City Clerk AGENDA ITEM: CITY MANAGER: DIRECTOR: SUBJECT: Guidelines for the Length of Commission Meetings RECOMMENDED ACTION: Dave Anderson Dave Anderson Adopt the attached resolution establishing guidelines for the length of Commission meetings. BACKGROUND: At the September 4, 2013 City Council Meeting, staff presented Council with options for limiting the length of Commission meetings. Consequently, discussion on the length of Commission meetings and policies implemented in other jurisdictions was scheduled for the October 2, 2013 Council Meeting. During that meeting, Council directed staff to prepare a resolution that establishes guidelines for the length of Commission meetings. The attached resolution encourages Commission Chairs to evaluate items on a meeting agenda if the meeting runs to 10:00 p.m. At that time, if the Chair believes that the meeting will go past midnight if all items on the agenda are heard, the Chair should request a motion to continue items to the next regular meeting so that the meeting ends by midnight. The intent of the resolution is to ensure that agenda items are heard at a reasonable hour, thereby allowing public participation in the decision making process. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Guidelines for the length of the Commission meetings will not be adopted. ALTERNATIVE ACTION(S): Council could choose to apply the meeting length guidelines to Council Meetings as well as Commission meetings. Page 1 of 2 •1 FOLLOW UP ACTION(S): Distribute the guidelines to existing Commissioners, staff who support Commissions, and new Commissioners. 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 Establishing Guidelines for the Length of Commission Meetings Page 2 of 2 61 RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING GUIDELINES FOR THE LENGTH OF COMMISSION MEETINGS WHEREAS, in order to promote opportunities for public participation and transparency of City business, the City Council at its October 2, 2013 Council Meeting directed staff to prepare this resolution establishing guidelines for the length of Commission meetings; and WHEREAS, opportunities for public participation in Commission meetings is greatly reduced when meetings continue past midnight; and WHEREAS, to ensure that the public can participate in the decision making process and Commission business is done in a transparent manner, Commission meetings should conclude by midnight except in extraordinary circumstances; and WHEREAS, if a Commission meeting runs until 10:00 p.m., the Chair of the Commission should determine if the meeting will continue past midnight if all the items on the agenda are heard; and WHEREAS, if the Chair believes that the meeting will not adjourn by midnight if all the items on the agenda are heard, the Chair should request a motion to continue a sufficient number of agenda items to the next regular meeting to allow the current meeting to end by midnight. NOW, THEREFORE, be it resolved that the City Council hereby approves the above guidelines for the length of Commission meetings. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 16th day of October 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Bothelio, City Clerk DATE: 62 Jill Hunter, Mayor SARATOGA CITY COUNCIL l MEETING DATE: October 16, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Brian Babcock DIRECTOR: Dave Anderson Administrative Analyst I SUBJECT: Community Event Grant Request — Montalvo Arts Splash RECOMMENDED ACTION: Determine whether or not to approve the Community Event Grant request for the Montalvo Arts Center "Arts Splash Open House and Student Arts Festival." BACKGROUND: On September 30, 2013 the City received a Community Event Grant request for the Montalvo Arts Center's "Arts Splash Open House and Student Arts Festival." The event will take place on April 19, 2014 at the Montalvo Arts Center from 11 a.m. to 4 p.m. The total grant amount request is $3,000 and would cover a portion of the event's expenses for shuttles and parking attendants. The total cost of the event is estimated at $20,000. There is $747 of funding still available in the Fiscal Year 2013/14 Community Event Grant Program. Emily Lieu - Harris, Montalvo Arts Center's Institutional Gifts Manager, will be present at the meeting to answer any questions from Council regarding the event and the grant request. FISCAL IMPACTS: If Council authorizes the grant request, $747 will be withdrawn from the Fiscal Year 2013/14 Community Event Grant Program funds to cover a portion of the costs for shuttles and parking attendants. There current balance remaining in the Community Event Grant Program is $747. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Community event grant funds will not be allocated for the Montalvo Arts Splash event. ALTERNATIVE ACTION(S): Page 1 of 2 63 Council could choose to issue a smaller amount from the remaining funds or not grant any funding. 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: Community Event Grant Request Page 2 of 2 M Print For City of Saratoga _ �5E Community Event Grant Application 'Lf FCRN,P SUMMARY OF EVENT Event Name:Arts Splash Open House & Student Arts Festival Event Date: April 19, 2014 Event Location: Montalvo Arts Center Grant Request: $3000 CONTACT FOR GRANT APPLICATION Contact Name: Emily Lieu - Harris Title: Institutional Gifts Manager Organization: Montalvo Arts Center Address: 15400 Montalvo Road, Saratoga, CA 95070 Phone: 408 - 961 -5847 ABOUT THE EVENT Event Description: Please see attachment Event Hours:11AM -4PM Total Event Cast:$20,000 Email:elieu @montalvoarts.org Estimated Attendance: 3,500 One Time Event ❑ Annual Event El Funding Amount Received from City in Past:None Other Funding Sources: We plan to ask for support from past sponsors Symantec ($5,000) and University Art ($5,000) and Include source & amountcontinue to identify other prospective event sponsors. We also expect parking fees and concessions sales to bring in $4,000 to help offset costs. Event Promotion Plan: Advertising & marketing Please see attachment Prior Event Organizing Experience. Please see attachment Describe the experience of the event coordinator and the organization requesting funds EVENT BUDGET: Please attach an itemized list of event expenses; identify the items you are requesting grant funding for. * Please attach additional sheets as needed to answer application questions. 65 It.. A'RT 6 City of Saratoga Community Event Grant Application Attachment Event Description On April 19, 2014, Montalvo will welcome the community to its historic property and beautiful grounds for Arts Splash, a dynamic open house and students arts showcase that will attract an estimated 3,500 community members of all ages. Admission is free for the daylong event that features live music and performances, visual arts in the Project Space Gallery, and hands -on arts making. Docents will be on hand to lead public tours of the historic Villa and the grounds, including the hiking trails in the hills surrounding the Villa. The event also offers a unique opportunity to visit the open studios of Montalvo's Lucas Artists Residency Program. Usually closed to the public, the LAP will open for Arts Splash, giving visitors the opportunity meet current artists -in- residence, witness them in creative action and get a glimpse of their works in progress. The centerpiece of Arts Splash is the Student Arts Festival, which features artworks and performances created by Bay Area student groups. In 2014, Arts Splash student works will focus on Montalvo's current programming theme, Flourish: Artists Explore ilellbeing. Montalvo will invite K -12 student teams from throughout the region to submit proposals for collaborative student artworks or performances that speak to creating wellness through the arts. This focus encourages students to celebrate and explore aspects of personal health and happiness and the wellness within their community and environment through artistic expression. Selected groups will be invited to showcase their visual arts projects on the grounds of Montalvo and to perform throughout the day in our Garden Theatre and Carriage House Theatre. Arts Splash offers children and families the opportunity to enjoy a diverse range of creative activities, interact with exceptional local, national, and international artists, and explore the history of our community's important cultural landmark. Event Promotion Plan Montalvo's Arts Splash: Open House & Student Arts Festival will be publicized through monthly e- blasts (reaching 17,000+ subscribers), social networking sites (4,000+ Facebook and 1,600+ Twitter followers), local newspapers such as the San Jose Mercury News, Montalvo's website (www.montalvoarts.org), and on fliers posted in the community and distributed to parents through the Santa Clara County Office of Education. Prior Event Organizing Experience. Describe the previous experience organizing events of the primary event coordinator and the organization requesting funds. Montalvo Arts Center produces over 200 events annually, including arts education offerings, classical and popular music concerts, live theater, visual arts exhibitions, garden and culinary workshops, and community outreach programs such as Arts Splash. 2014 will mark the fourth Arts Splash event and we anticipate that attendance will reach 3,500 people. .. montalvo A R T S C E N T E R City of Saratoga Community Event Grant Application Event Budget Event Expenses Shuttles /Parking Attendants — $5,600* Marketing — $5,000 West Valley Parking Permit — $225* Production — $1,600 Health Permits — $325 Liquor Permits — $150 Printing /Signage — $1,450 Porta Potties — $775 Artists /Performers /Presenters — $1000 Art Supplies and Materials — $1,425 Day of event staff - $2,500 Total — $20,000 *A City of Saratoga Community Event Grant will help offset the cost of shuttles /parking attendants and West Valley parking permit. 67 SARATOGA CITY COUNCIL MEETING DATE: October 16, 2013 AGENDA ITEM: DEPARTMENT: Community Development PREPARED BY: Cynthia McCormick CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: 14065 Saratoga Avenue (Florence Cunningham House) - Mills Act Agreement RECOMMENDED ACTION: The Heritage Preservation Commission (HPC) recommends the City Council adopt the attached Resolution and direct the City Manager to enter into a Mills Act Agreement for the property located at 14065 Saratoga Avenue. REPORT SUMMARY: On March 5, 2003, the City Council approved a Resolution establishing the City's participation in the Mills Act Program. The Mills Act is state legislation granting local governments the authority to enter into agreements with owners of qualified historical properties to provide for the use, maintenance, and restoration of the properties so as to retain the characteristics of their historical significance. In exchange for these restrictions the owners receive a reduced assessed valuation of their property thereby lowering their property taxes. A structure needs to be a City of Saratoga Historical Landmark as described in City Code Section 13- 15.060 for the Mills Act Program to be applicable. The City Council approved an ordinance on November 17, 1993 designating the property at 14065 Saratoga Avenue as a Saratoga Historic Landmark (Attachment 3). The City's past practice is that no more than three Mills Act contracts can be approved per calendar year. The subject application is the first request for a Mills Act in 2013. The City has entered into a total of seven Mills Act contracts since the program was created in 2003. This single -story Craftsman style bungalow was built in circa 1930. This residence was designed and constructed by Florence Cunningham, the author of Saratoga's First Hundred Years, a history of the Western Santa Clara Valley and Saratoga. The contents of the house were sold at the Saratoga Historical Museum in 1965. The home has a unique architectural ambiance of 1920's and 30's design. The home has a gently pitched broad gable roof with a lower gable covering the front porch. The front porch features an arched entry, which is duplicated on a side entry porch at the rear west side of the house. The exterior is clad in stucco with an aggregate finish of polished pebbles. The windows are currently all wood sash. There are two large single - pane windows on the front with muntins dividing the glass at the upper quarter of the window; the wood front door is set off by sidelights using a similar muntin treatment. The restoration plan provided in the draft Mills Act Agreement (Attachment2) calls for improvements such as upgrading the basement and drainage system, replacing the foundation, remodeling the kitchen, restoring the exterior stucco, improving the landscaping and exterior lighting, and replacing the roof. The restoration plan also includes restoration and replacement of .: the window sashes, patching the wood rot, and making the windows functional. The ground level windows in the basement and the windows on the back of the house will be replaced with Kolbe windows with an aluminum clad exterior to protect from the weather and water damage and a wood interior to maintain the historical look of the home's interior. The Heritage Preservation Commission (HPC) reviewed this property as part of a regular meeting on September 10, 2013. The HPC recommended the City Council adopt the resolution approving the property for the Mills Act tax abatement program. FISCAL IMPACTS: With an approval of the Mills Act Agreement, the City would lose a portion of the property tax collected from the property. The City receives approximately $515 in property tax for a property assessed at $1,000,000. The Mills Act would reduce that amount of revenue by approximately 60 %. Staff resources utilized to prepare the staff report and process the application is charged to deposit funds provided by the applicant. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The homeowner would not receive the tax reduction incentive from the Mills Act Agreement. ALTERNATIVE ACTION: 1. Deny the proposed resolution. 2. Modify the proposed resolution. FOLLOW UP ACTION: 1. Record the Mills Act Agreement. 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 approving Mills Act Agreement 2. Draft Mills Act Historic Property Preservation Agreement a. Exhibit A — Legal Description of Historic Property b. Exhibit B — City Council Resolution Approving Agreement c. Exhibit C — Baseline Conditions of Historic Property d. Exhibit D — Restoration Plan 3. Ordinance approval of Landmark status dated November 17, 1993. 4. Historic Inventory Report 5. Department of Parks and Recreation (DPR) Primary Record 6. Application Photos .• Exhibit B RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING 14065 SARATOGA AVENUE (APN 397 -25 -099) PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM WHEREAS, the City of Saratoga City Council recognizes the importance of preserving historic resources in the community and the need to enhance and maintain the unique character of the historic resources; and WHEREAS, the City of Saratoga City Council has chosen to participate and support the Mills Act Property Tax Abatement Program according to California Constitutional Art. X111- 8 and California Government Code, Article 12, Sections 50280 -50290 and California Revenue and Tax Code 439 - 439.4; and WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act Property Tax Abatement Program is consistent with the City of Saratoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element CO.5.0 to "Protect historical and archeological values and significant geographic landmarks from destruction by development whenever possible" in that participating in the Mills Act will aid in the preservation of historic resources in the City; and WHEREAS, the property located at 14065 Saratoga Avenue has been approved as a City designated Landmark and therefore the preservation of the property as a historic resource is of utmost importance. WHEREAS, the property located at 14065 Saratoga Avenue is the subject of a Mills Act contract between the City and the property owners dated October 16, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it approves participation in the Mills Act Property Tax Abatement Program and subject of a Mills Act contract for the property located at 14065 Saratoga Avenue. The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 16th day of October 2013 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: 70 SIGNED: JILL HUNTER MAYOR OF THE CITY OF SARATOGA Saratoga, California 2 of 2 ATTEST: CRYSTAL BOTHELIO CLERK OF THE CITY OF SARATOGA Saratoga, California 71 Recording Requested by: City Attorney City of Saratoga, California When Recorded, Mail to: Office of the City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE] MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT This Agreement, ( "Agreement "), is made and entered into this 16th day of October, 2013, by and between, Lisa Yee - Ouchida and Steven Ouchida ( "Owner "), Owner of the real property described below, and the City of Saratoga, California, a municipal corporation, ( "City "). City and Owner may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." A. Recitals. (1) California Government Code Section 50280, et seq. authorizes the City to enter into contracts with owners of qualified historical properties to provide for the use, maintenance, and restoration of historical properties so as to retain characteristics of historical significance. (2) Owner possesses fee title in and to (together with associated structures and improvements thereon) the real property described in Exhibit A to this Agreement and referenced herein as the Historic Property. The Historic Property is shown as Assessors' Parcel Number 397 -25- 099 on the 2013 Santa Clara County Assessors' Roll and is generally referenced by the following street address 14065 Saratoga Avenue in the City of Saratoga, as of the Effective Date. (3) The Historic Property was designated by the City as a historic landmark by Ordinance No. HP -20 and the City has determined that this Agreement is necessary to allow the restoration, rehabilitation, and maintenance of the Historic Property. (4) City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code. The Resolution of the City Council approving this Agreement is attached hereto as Exhibit B. B. Agreement. City and Owner, in consideration of the mutual covenants and conditions set forth herein and the recitals set forth above, do hereby agree as follows: Page 1 of 14 72 (1) Term of Agreement. (a) This Agreement shall be effective and commence on the date recorded in the Santa Clara County Recorder's Office ( "Effective Date ") and shall remain in effect for a term of ten (10) years thereafter. (b) Each year on the anniversary of the Effective Date ( "Renewal Date "), the term of the Agreement shall be extended by one year unless notice of non - renewal is served as provided herein. (c) In accordance with Government Code section 50282 if either Owner or City desire in any year not to renew the Agreement, that Party shall serve on the other Party written notice of non - renewal. Notice of non - renewal by City shall be filed at least sixty days prior to the Renewal Date. Notice of non - renewal by Owner shall be filed at least ninety prior to the Renewal Date. Either party may protest a notice of non - renewal. A notice of non - renewal may be withdrawn at any time prior to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of non - renewal. If a Party serves and does not withdraw a notice of non - renewal the Agreement shall remain in effect for ten years from the next Renewal Date as stated in this contract. (2) Condition of Historic Property. The characteristics that contribute to the historic significance of the Historic Property and the condition of the Historic Property as of the Effective Date are documented in Exhibit C to this Agreement ( "Baseline Conditions "). (3) Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: (a) Owner shall immediately implement the list of goals and general improvement plans for maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this Agreement ( "Restoration Plan ") in order to bring the Historic Property into conformance with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation and the State of California's Historic Building Code (collectively, the "Applicable Rules "). Thereafter, Owner shall preserve and maintain the characteristics that contribute to the historic significance of the Historic Property. This shall include, but not be limited to, maintaining the Historic Property in good repair and conducting all use, maintenance, repair, restoration, and preservation in accordance with the Applicable Rules and all other City, State, and Federal laws. (b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on the Historic Property that does not involve a change in design, material, or external appearance thereof. Nor does this Agreement prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Community Development Director determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural Page 2 of 14 73 feature can be replaced according to the standards described in subsection (a), above. (c) The California State Historic Building Code ( "SHBC ") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The SHBC shall be used in the City's building permit procedure for the Historic Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the Owner or occupants of the Historic Property or the public. (d) Owner shall maintain the Historic Property in a manner that does not block the view of the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or other landscaping. (4) Provision of Information. (a) Within thirty days of any request, Owner shall furnish City with any and all information requested by City relevant to this contract to determine compliance with the terms and provisions of this Agreement. (b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement, all records as may be necessary to determine the eligibility of the property involved, and Owner's compliance with the terms and provisions of this Agreement. These records shall include, but not be limited to photographs, blueprints, permits, historical and/or architectural review approvals. In the event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all such records to the new Owner of the Historic Property. (c) Owner shall submit annually to the Community Development Director a report which shall specify all work completed during the preceding twelve months to comply with the requirements of this Agreement and report on such other items as may be specified by the Community Development Director. (d) Owner shall allow for periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, (collectively the "Interested Agencies ") and/or the City. The Community Development Director shall determine when periodic examinations by the City may be necessary to determine the eligibility of the property involved, and to determine Owner's compliance with the terms and provisions of this Agreement. Examinations by representatives of the Interested Agencies shall be made as deemed necessary by those agencies. (5) Cancellation. (a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50285, may cancel this Agreement if it determines one or more of the Page 3 of 14 74 following: (i) Owner has breached any of the terms or conditions of this Agreement; (ii) Owner has allowed the Historic Property to deteriorate to the point that it no longer meets the standards of the Applicable Rules or no longer qualifies as a City of Saratoga historic landmark; (iii) Owner has allowed the property to deteriorate to the point that it no longer meets standards as provided for in Chapter 16 of the Saratoga City Code including, but are not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings; (iv) Owner has not complied with other local, state, or federal laws and regulations. (b) In the event of cancellation, OWNER shall be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. (6) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. City does not waive any claim of breach by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City. (7) Enforcement. In lieu of and /or in addition to any provisions to cancel the Agreement, City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a default by Owner City shall give written notice of the violation to Owner by registered or certified mail addressed to the address provided for notice in this Agreement. The violation shall be corrected to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the violation cannot reasonably be cured within sixty days, actions to cure the violation shall be commenced within sixty days and pursued diligently to completion within a reasonable period of time to be determined by the City. If the violation is not timely cured then the City may, without further notice, declare a default and bring any action necessary to specifically enforce the obligations of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for such other relief as may be appropriate. The City's right to enforce this Agreement shall in no way limit or restrict its rights or legal remedies arising under other provisions of local, state, or federal law, including the historic preservation regulations under the City's municipal code. (8) Binding Effect of Agreement. (a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations, and restrictions as set forth in this Agreement. The Parties hereby declare their specific Page 4 of 14 75 intent and agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to the City. (b) City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner has a legal interest in the Historic Property and this Agreement relates to and affects the use of the Historic Property. (c) City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit, which includes, but is not limited to the benefit to the public street named in the recitals to this Agreement, City, residents of City and of the State of California, and Owner. (9) Notice. (a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. CITY: City of Saratoga Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 OWNER: Lisa Yee - Ouchida and Steven Ouchida 14065 Saratoga Avenue Saratoga, CA 95070 (10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. (11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, agents, and employees from Page 5 of 14 76 and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which Owner shall become legally liable arising from Owner's acts, errors, or omissions with respect to or in any way connected with the prosecution of the work performed by Owner pursuant to this Agreement. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this Agreement regardless of whether City prepared, supplied, or approved any plans, specifications, other documents, or any proposed conduct relating to the Historic Property. (12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay its own attorney's fees. (13) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara. Owner shall provide written notice of this agreement to the Office of Historic Preservation of the Department of Parks and Recreation no later than six (6) months of entering into this Agreement and shall provide the City with a copy of such notice at the time it is filed. (14) Fees. The Community Development Director may assess and Owner shall pay such Mills Act Historic Property Contract fees for the administration of this Agreement as may be authorized from time to time by the City Council. (15) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and Owner hereby declare that each would have approved and accepted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (16) Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between City and Owner and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City. All Exhibits to this Agreement are hereby incorporated and made a part of this Agreement. (17) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. Page 6 of 14 77 (18) Governing Statutes and Law. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. (19) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the day and year first written above. CITY OF SARATOGA, CALIFORNIA, a California municipal corporation Dave Anderson CITY MANAGER ATTEST: Crystal Bothelio CITY CLERK Approved as to Form: Richard Taylor CITY ATTORNEY OWNER [Notarized Signature(s) Required] Address: 13777 Fruitvale Avenue Saratoga, CA 95070 Telephone: (408) 868 -1222 Fax Number: (408) 868 -8555 Page 7 of 14 Name: Lisa Yee - Ouchida and Steven Ouchida Title: Owner Local Address: 14065 Saratoga Avenue, Saratoga, CA 95070 Telephone: 408 -505 -0968 Exhibit List Exhibit A — Legal Description of Historic Property Exhibit B — City Council Resolution Approving Agreement Exhibit C — Baseline Conditions of Historic Property Exhibit D — Restoration Plan Page 8 of 14 79 Exhibit A The Historic Property that is the subject of this Agreement is the real property described below including all structures and improvements thereon: All that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, described as follows: Parcel 2, as shown on that Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California on August 17, 1995, in Book 669 of Maps, Page(s) 9. APN: 397 -25 -099 :c Exhibit B RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING 14065 SARATOGA AVENUE (APN 397 -25 -099) PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM WHEREAS, the City of Saratoga City Council recognizes the importance of preserving historic resources in the community and the need to enhance and maintain the unique character of the historic resources; and WHEREAS, the City of Saratoga City Council has chosen to participate and support the Mills Act Property Tax Abatement Program according to California Constitutional Art. XIII -8 and California Government Code, Article 12, Sections 50280 -50290 and California Revenue and Tax Code 439 - 439.4; and WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act Property Tax Abatement Program is consistent with the City of Saratoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element CO.5.0 to "Protect historical and archeological values and significant geographic landmarks from destruction by development whenever possible" in that participating in the Mills Act will aid in the preservation of historic resources in the City; and WHEREAS, the property located at 14065 Saratoga Avenue has been approved as a City designated Landmark and therefore the preservation of the property as a historic resource is of utmost importance. WHEREAS, the property located at 14065 Saratoga Avenue is the subject of a Mills Act contract between the City and the property owners dated October 16, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it approves participation in the Mills Act Property Tax Abatement Program and subject of a Mills Act contract for the property located at 14065 Saratoga Avenue. The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 16th day of October 2013 by the following vote: COUNCIL MEMBERS: AYES: NAYS: m ABSENT: ABSTAIN: SIGNED: JILL HUNTER MAYOR OF THE CITY OF SARATOGA Saratoga, California 0 ATTEST: CRYSTAL BOTHELIO CLERK OF THE CITY OF SARATOGA Saratoga, California Exhibit C 1. NAME OF PROPOSED MONUMENT: Florence Cunningham Residence 2. ADDRESS: 14065 Saratoga Avenue, Saratoga, CA 95070 3. ASSESSOR'S PARCEL NUMBER: 397 -25 -099 4. COMPLETE LEGAL DESCRIPTION: Parcel 2, as shown on that Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California on August 17, 1995, in Book 669 of Maps, Page(s) 9. 5. ADDRESS: 14065 Saratoga Avenue 6. PRESENT OWNERS: Lisa Yee - Ouchida and Steven Ouchida 7. OWNERSHIP: Private 8. PRESENT AND ORIGINAL USE: Single Family Residential 9. ARCHITECTURAL STYLE: Craftsman 10. PRESENT PHYSICAL DESCRIPTION: See project file at City of Saratoga 11. CONSTRUCTION DATE: c. 1930 12. ARCHTECT/DESIGNER: Florence Cunningham 13. BUILDER: Unknown 14. PHOTOGRAPHS: Attached in DPR 523A 15. CONDITION: See project file at City of Saratoga. Fair with its age. Estimated restoration cost is approximately $206,400 — $227,900. The restoration plan provided contained in the draft Mills Act Agreement (Attachment 4) provides for improvements such as improving the basement and drainage system, replacing the foundation, remodeling the kitchen, restoring the exterior stucco, improving the landscaping and exterior lighting, and replacing the roof. The restoration plan also includes restoration and replacement of the window sashes, patching the wood rot and making the windows functional. The ground level windows in the basement and the windows on the back of the house will be replaced with Kolbe windows. The aluminum clad exterior will protect the windows from the weather and water damage. The interior of the window will be wood to maintain the historical look of the house inside. m 16. ALTERATIONS: See project file at City of Saratoga 17. THREATS TO THE SITE: The site is located on Saratoga Avenue. Private development or zoning changes are potential threats to the site. 18. STATEMENT OF SIGNIFICANCE: This single -story Craftsman style bungalow was built in c.1930. This residence was designed and constructed by Florence Cunningham, the author of Saratoga's First Hundred Years, a history of the Western Santa Clara Valley and Saratoga. It has a unique architectural ambiance that is a clear statement of 1920's and 30's design. Ms. Cunningham cared for her parents in this house, and her brother lived in the house next door. The contents of the house were sold at the Saratoga Historical Museum in 1965. The home has a gently pitched broad gable roof and lower gable covering the front porch. The front porch features an arched entry, which is duplicated on a side entry porch at the rear west side of the house. The exterior is clad in stucco with an aggregate finish of polished pebbles. The windows are currently all wood sash. There are two large single -pane windows on the front with muntins dividing the glass at the upper quarter of the window; the wood front door is set off by sidelights using a similar muntin treatment. (description prepared by B. Mitchell, Heritage Preservation Commission member, City of Saratoga) The Florence Cunningham Residence is listed on the Historic Resources Inventory and has been designated a Historic Landmark. In 1989, the home was found to meet criteria (b) as it is identified with persons or events significant in local, county, state or national history; (c) as it embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; and (e) as it embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City. 19. SOURCES: See project file at City of Saratoga 20. PREPARER: Cynthia McCormick, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 Exhibit D RESTORATION PLAN 1. Year 2013: - Drainage improvement: Waterproof basement - Add French Drainage system Estimate cost: $42,000 2. Year 2014: - Foundation replacement Estimate cost: $65,000 3. Year 2015: - Windows Replacement: (back of house and basement only) - Replace with Kolbe Wood Windows - Maintenance of the windows Estimate cost: $12,100 - $14,000 4. Year 2016: - Replace basement door - Fix cracked basement stairs Estimate cost: $7200 - $8200 5. Year 2017: - Remodel kitchen - Upgrade interior electrical Estimate cost: $60,000 - $71,100 99 6. Year 2018: - Restore the stucco on the house Estimate cost: $3,000 - $4,000 7. Year 2019: - Landscape upgrade: Add pavers to the driveway Add pavers to front walkway Create a patio Fix fence Estimate cost: $ 12,100 — $15,000 8. Year 2020: - Add and Upgrade exterior lighting Estimate cost: $300 - $500 9. Year 2021: - Roof replacement Estimate cost: $3700 — $5,100 10. Year 2022: - Mature tree maintenance - Exterior woodwork/ window frame/ trim/ railing repair Estimate cost: $1,000 - $3,000 HISTORIC RESOURCES INVENTORY ( #74) IDENTIFICATION 1. Common name: 2. Historic name: Florence Cunningham Residence 3. Street or rural address: 14065 Saratoga Avenue City: Saratoga 4. Parcel number: 397-25-088 5. Present Owner: Larry & Jill Fine City: Saratoga Ownership is: Public: Zip: 95070 County: Santa Clara Address: 14071 Saratoga Avenue a 07 a 0 L-19 me WE Private: X 6. Present Use: Residence Original Use: Residence DESCRIPTION 7a. Architectural style: Craftsman Bungalow 7b. Briefly describe the present physical appearance of the site or structure and describe any major alterations from its original condition: This is a simple one-story bungalow with a gently pitched broad gable roof and lower gable covering the front porch. The front porch features an arched entry, which is duplicated on a side entry porch at the rear west side of the house. The exterior is clad in stucco with an aggregate finish of polished pebbles. The windows are all wood sash. There are two large single-pane windows on the front with muntins dividing the glass at the upper quarter of the window; the wood front door is set off by sidelights using a similar muntin treatment. 8. Construction date: Estimated: 1930 Factual: 9. Architect: Unknown 10. Builder: Unknown 11. Approx. prop. size (ft) Frontage: 300 ft. Depth: 150 ft. approx. acreage: 1.0 12. Date(s) of enclosed photograph(s) 0 13. Condition: Excellent: X Good: Fair: Deteriorated: No longer in existence: 14. Alterations: None 15. Surroundings: (Check more than one if necessary) Open land: Scattered buildings: Densely built-up: Residential: X Industrial: Commercial: Other: 16. Threats to site: None known: X Private development: Vandalism: Public Works project: Other: 17. Is the structure: on its original site? X Moved? 18. Related features: #74 Page 2 Zoning: Unknown? SIGNIFICANCE 19. Briefly state historical and/or architectural importance (include dates, events, and persons associated with the site). This residence was designed and constructed by Florence Cunningham, the author of Saratoga's First Hundred Years, a history of the Western Santa Clara Valley and Saratoga. It has a unique architectural ambiance that is a clear statement of 1920's and 30's design. Ms. Cunningham cared for her parents in this house, and her brother lived in the house next door. The contents of the house were sold at the Saratoga Historical Museum in 1965. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture: X Arts/Leisure: Economic/Industrial: Exploration/Settlement: Government: Military: Religion: Social/Ed.: 21. Sources (List books, documents, surveys, personal interviews and their dates). Interview with Larry Fine, 3/11/89. 22. Date form prepared: 4/89 By (name): B. Mitchell Organization: HPC Address: 13777 Fruitvale Ave. City: Saratoga Zip: 95070 Phone: 867-3438 M Location Sketch Map NORTH A-q e A %A State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer Date Page 1 of 4 *Resource Name or # (Assigned by recorder): Florence Cunningham House P1. Other identifier: HP -91 -01 HP -20 *132. Location: ❑ Not for Publication ® Unrestricted *a. County Santa Clara County and (P2b and P2c or P2d. Attach a location map as necessary.) *b. USGS 7.5' Quad Cupertino Date 1980 Photorevised T .8 S. ; R .2 W. ; Mount Diablo B.M. c. Address: 14065 Saratoga Ave. City Saratoga Zip 95070 d. UTM:(give more than one for large and /or linear resources) Zone 10S mE/ mN e.Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) northwest side of Saratoga Avenue southwest of Shadow Oaks Way. APN# 397 -25 -099 *P3a. Description: (Describe resource and its major elements, include design, material, condition, alterations, size, setting, and boundaries) This is an excellent one -story late- Craftsman bungalow (also sometimes known as a California Craftsman) with a gently pitched triple -gable roof. The main roof is a full -width gable, a shallow wing projects at the north end of the front facade, and a lower gable covers the front porch. The front porch features an arched entry, which is duplicated on a side entry porch at the rear west side of the house. The entry is topped by a glazed swag ornament with the letter "A ", and the gable ends are supported by outlookers. The exterior is clad in stucco with an unusual aggregate finish of polished pebbles. The windows are all wood. There are two large single -pane focal windows on the front elevations, with a horizontal muntin separating a 6- lite pattern at the top of the sash. The wood front door is flanked by sidelights using a similar muntin pattern. *P3b. Resource Attributes: (List attributes and codes) *134. Resources Present: ® Building ❑ Structure HP2. Single family property ❑ Object ❑ Site ❑ District ❑ Element of District ❑ Other (Isolates, etc.) P5b.Description of Photo: (View, date, accession #) View facing northwest, July 2009. *P6. Date Constructed /Age and Source: ® Historic ❑ Prehistoric ❑ Both 1930, 79 years old. *P7. Owner and Address: Michael & Linda Ubinas 14065 Saratoga Ave. Saratoga CA 95070 *138. Recorded By: (Name, affiliation, and address) F. Maggi, L. Dill, & J. Kusz Archives & Architecture, LLC PO Box 1332 San Jose, CA 95109 *P9. Date Recorded: 10/26/09 *P10. Survey Type: (Describe) Reconnaissance *P11. Report Citation: (Cite survey report and other sources, or enter "none ".) Archives & Architecture: City of Saratoga Statement of Historic Context, 2009. *Attachments: ❑ None ® Continuation Sheet ❑ District Record ❑ Rock Art Record ❑ Other (List): ® Location Map ® Building, Structure, and Object Record ❑ Linear Feature Record ❑ Artifact Record ❑ Sketch Map ❑ Archaeological Record ❑ Milling Station Record ❑ Photograph Record DPR 523A (1/95) * Required Information :: State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP /CRHR Status Code 3CS Resource Name (Assigned by recorder) Florence Cunningham House B1. Historic Name: Florence Cunningham House B2. Common Name: 14065 Saratoga Ave. B3. Original Use: Single family residential B4. Present Use: Single family residential *135. Architectural Style: Craftsman *136. Construction History: (Construction date, alterations, and date of alterations) Constructed circa 1930. *137. Moved? ® No ❑ Yes ❑ Unknown Date: n/a Original Location: n/a *138. Related Features: None known. B9a. Architect: Florence Cunningham b. Builder: Unknown *1310. Significance: Theme Architecture Area: Heritage Lane Period of Significance: 1930s - 1956 Property Type: Residential Applicable Criteria: (2), (3) (Discuss importance in terms of historical or architectural context as defined by theme, period and geographic scope. Also address integrity.) The Florence Cunningham House is listed on the Saratoga Heritage Resources Inventory, included as a part of HP- 91 -01. It qualified under Criteria b, c, and e: b) the property is identified with persons significant in local history; c) the property embodies distinctive characteristics of the Craftsman Bungalow style, type and period; e) the property embodies unique physical characteristics that represent an established and familiar visual feature of a neighborhood. The Florence Cunningham House is eligible for the California Register of Historical Resources, as it is a Designated Landmark Structure. (Continued on page 4, DPR523L) B11. Additional Resource Attributes: (list attributes and codes) None *1312. References: Saratoga Heritage Preservation Commission, Historic Resources Inventory form, 1989. 1313. Remarks: Designated Landmark Structure *1314. Evaluator: Franklin Maggi *Date of Evaluation: October 26, 2009 (This space reserved for official comments.) DPR 523B (1/95) :• (Sketch Map with north arrow required.) t di 'N" may' 1 ` a 90 17 16 t5 K ff,s - T } LOT 99.T1Y N *Required Information State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION LOCATION MAP Page 3 of 4 * Map Name: Multiple Primary # HRI # Trinomial *Resource Name or # (Assigned by recorder) Florence Cunningham House *Scale: n. t. s. * Date of Map: varies s8 WOa E, 87 E. $88c60mE. W(3684 Zone 14S 589aoamE. it �MN m i!F i MILE L000 FEET 4 504.m 1994m Mapere9led® wishTOFO!{ 3�2�7I }3Ndkwnd[}sogcaohic {ir4wna1Ymal hic.camHtpa) DPR 523J (1/95) *Required Information •E State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 4 of 4 *Resource Name or # (Assigned by recorder) Florence Cunningham House *Recorded By F. Maggi, L. Dill, & J. Kusz (Continued from page 2, DPR523b, B10) * Date 10/26/2009 ® Continuation ❑ Update istorical Background his residence was designed and constructed by Florence Cunningham, the author of Saratoga's first Hundred Years, a history of the Western Santa Clara Valley and Saratoga. Ms. Cunningham lorence, was educated as a teacher with an avocation in historical research on the Santa Clara alley. She served as chair of the history and landmarks committee of the Saratoga Foothill lub and was instrumental in forming the Saratoga Historical Foundation in 1960. The contents f the house were sold at the Saratoga Historical Museum in 1965. tegrity e house retains its architectural design, workmanship and materials, as well as a compatible tting and original location, and the property continues to embody the historical associations d feelings of this residence. DPR 523L (1/95) 91 *Required Information 14 065 SARATOGA AVE EXISTING PHOTOS 1- FRONT 2- FRONT YARD 11 3- LEFTSIDE AND DRIVEWAY 4- RIGHT SIDE AND FRONT WALKWAY 21 5- SIDE PORCH AND BASEMENT ENTRANCE ON RIGHT SIDE 6- BAC K 31: 8 - BASEMENT AND BACK WINDOWS _. .. O` �? - is - �.• Z S I 0 1 1 sin y4� 70- MISSING PATCHES OF STUCCO 71 11- EXTERIOR PORCH LIGHTS 81 W� - 1, r / Y� S7 lh ��{ lA� rt •Sr �;' �fV €e:��.j������.if 1. '"� �� {. { 1 ■ 1 R. tIV.J �ii�lil Fill u �n t 4, y � co 0 uq0 '\-- (' /61q C'shjltc. Edward's Construction A PARTNERSHIP A General construction firm Specializinci in foundation repair B -7 §3218 E- Mail: edwardfoun_dation @comcast.net T 2533 Amethyst Dr Santa Clara Ca 95051 Office 408 - 985 -0731 Cellular 408- 595 -2915, 408- 595 -2914 8/11/2010 Address Mr. & Mrs. Ouchida 14065 Saratoga Avenue Saratoga Ca 95070 Qell 8Q6 -0678 niniabdala@aol.com Foundation evaluation 1. FOUNDATION INSPECTION EVALUATION This report is limited to the basic structural support systems and related items only. Others will provide a complete general home inspection. There was no permit available at the time of this inspection all permit statistics should be checked at the building department to verify the scope of work. This property was developed under a previous building code that was an effect at the time of construction and consequently the structure probably does not meet current building codes at this time. This is a normal situation for buildings the building code is typically updated every two to four years. The foundation review of this building is based on the building codes in effect at the time of construction. The findings listed are valid on the date of inspection only, and may be found different upon reinspection later. Conditions do change with time. No destructive testing was done to determine conditions hidden inside of various components or underground. No engineering calculations of any kind were performed to determine actual or permitted loads upon specific structural members. This is a visual evaluation of readily observable conditions. The property is a single- family home, one story wood framed construction with a detached garage. It is situated in a developed Neighborhood of essentially similar homes. The overall quality and condition of this property are generally fair however there are some areas that are in need of improvement. There has been long -term settlement around the perimeter foundation. Some re- leveling has been done. Drainage could be improved to reduce future movements. See specific observations and recommendations below. Grading on the lot is a slight slope down to the road. This house was most likely built up above original farmland. Degree of compaction in the filled soils is unknown, but does appear to be slight. Loose soils tend to settle more than tightly compacted soils. I observed efflorescence 101 {mineral stains caused by moist conditions} on the interior side of the perimeter foundation, There are several areas of spalling on the inside of the perimeter foundation, this is usually cause by excessive water seating into the concrete. From this surface observation, it is unknown what type of foundation was use to support this house, or all the details of its construction. It appeared to be of non - reinforced concrete with a continuous spread footing perimeter type foundation with isolated shallow pier and past system supporting the interior finish floors. There are voids under the mudsill at some location around the perimeter of the foundation. Also observed foundation on drive way side is below or at grade also seen a few voids known as rock pockets. Recommendation: Dry packing under mudsill to allow for full contact with the foundation and mudsill of the foundation also fill rock pockets,,, Cost estimate $ 600.00 Recommendation: Permit statistic should be checked at the building department to verify the scope of work that was done. 2. FINISH FLOOR ELEVATIONS A visual elevation check indicates that the majority of the interior finish floor support members remain in their near original condition and general elevations. However, some notable inconsistency in the foundation systems elevations was observed. This condition is generally brought about by failure in the concrete members and soil consolidation that result in subsequent movement in the adjacent members because of changing foundation support conditions. The long- term affects of this condition are commonly revealed in the crowning or sagging of the finish floors at localized areas throughout the house. Considering my observations at this site, I believe this condition has primarily resulted from the movement of the components or the foundation. For more detailed figures of the current floor levels through out the house a liquid floor survey should be conducted, 3. GARAGE SLAB There is some cracking in the slab area this is quite normal for this area due soils conditions. 4. Under floor ventilation Under floor ventilation should have openings with a net area of 1 square foot for each 150 square foot of under floor area. This requirement is found in the 1997 uniform building code 2306.7. The exception to this rule is if the building was built under an older building code. The under floor ventilation appears to be adequate at this time, 102 5. FOUNDATION ANC'UORS I observed some Simpson retrofit foundation anchor at several location around the perimeter of foundation. Recommendation: Recommend Bolt down perimeter wall using Simpson specification foundation anchors and two 1/2"M 1/4 mechanical anchors and two standard washers per manufacturer's instructions. Cost estimate $4,995.00 I recommend the inspection of foundation anchors be performed after every significant occurrence of seismic activity to ensure the system is maintained in serviceable condition. 6. Basement Wall This house has a basement and the walls are serviceable at this time. 7. INTERIOR ISQLATED PIER POST SYSTEM The interior isolated pier post assemblies support the main girders at the Interior of the structure. These assemblies are necessary to maintain a relatively firm and consistent elevation of the finish floor throughout the structure and stabilize the interior structural support. It appears that the majority of interior isolated piers remain in good condition and in near original condition. The pier post material used in this house is unconventional to today's construction methods. There were no framing for vertical diaphragms which is know as shear walls bracing visible under the floor of the house, by adding bracing under the house this helps with lateral movement. Framing should be spaced not farther apart than 16 inches center to center. Sills, plates and marginal studs shall be adequately connected to framing elements located above and below to resist in lateral movement, Recommendation: I recommend lateral gracing be installed with the proper framing material by under the house to help stabilize the house in seismic activities. Cost estimate $2,800.00 8. FRACTURES IN Perimeter FOUNDATION I observed some minor vertical fractures in the concrete perimeter foundation stem walls and grade beams. 9. FOUNDATION WORK All foundation work requires a building permit and plan our company will get the necessary permits. If special engineering is required by the Governing Agency, the Client is to be bill as an extra to this estimate. The exception to this rule is epoxy injection does not need a building permit for this kind of repair. Plans and Permits $1,975.00. 103 10. SURFACE DRAINAGE Site surface drainage adjacent to the foundation of the home was generally poor and appears to be insufficient at this time to maintain a completely dry condition at the perimeter of the foundation during normal weather conditions. It appears that significant amounts of surface water collected at or near the perimeter foundation are a result of site topography, landscaping, concrete surfaces and missing or condition of rain gutter and rain leader outlets. Recommendation: The ground around your home should slope down away from the foundation. It probably did when your house was built, but it may not now. Even properly graded soil tends to settle over time. Correcting this problem by adding or removing fill dirt to allow for a negative fall away from the foundation this can minimize the damage that has all ready accused and help prolong the life of the foundation. The homeowner or a landscape contractor can do this type of work. 11. General Recommendations: I recommend the inspection of foundation anchors (where possible) be performed after every significant occurrence of seismic activity to ensure the system is maintained in a serviceable condition. I recommend that the condition {s of the foundation components be monitored regularly and maintained as required. All possible measures should be taken to minimize the amount of water allowed to collect in these areas. Measures include severely reducing watering of vegetation or other use of water at the perimeter of the foundation, In the future, if concrete surfaces are installed near the foundation system the surfaces should be sloped away from the foundation system and seal any voids in concrete surfaces that may be found adjacent to the foundation system, Checking the grade around the perimeter of the foundation for low spots after a heavy rain is an ideal way to identify areas around your foundation that are in need of backfilling and re- grading. Backfill the lowest areas adjacent to the foundation will prolong the life of the foundation. Another general recommendation is to maintain all water removal components of your house, entailing the cleaning and maintaining of all rain gutter, downspout, subsurface drain conduit systems (if applicable) and roof systems to insure complete coverage and proper working order. Direct all roof run -off to well drained locations. Drainage ideally needs to be a minimum of 10 feet away from the foundation walls. I recommend the measures listed above be maintained or implemented (if necessary) as soon as possible to extend the life of the foundation system and the structure. All reasonable measures should be taken to minimize the amount of water allowed to collect in or near the crawlspace area. A relatively dry soil condition in the area adjacent to the foundation and crawlspace is paramount to maintaining a sound foundation and structure. Excessive moisture in the under floor area can contribute to premature deterioration of structural components. 104 12. Exclusions of work No interior repair of any kind will be done by this company, this includes Sheetrock, phone lines, electrical wiring, painting, stucco, and fireplace repair or any interior repairs. 13. CONCLUSION I conclude that the house has a relatively stable foundation. The structure is in generally fair condition considering the age and quality of construction, foundation design, soils conditions in the area site drainage conditions and seismic activity in this region over the period of the structure service. I find this foundation to be in Fair condition and advise that if the above additions are installed to the house that an effort be made to follow the above- mentioned guidelines. I believe the foundation is fair condition at this time and should remain at this level with the completion of recommendations as well as implementing general maintenance procedures regarding site drainage and moisture controls, The conclusions presented in this report are base on conditions at the site during this inspection. This report should not be construed as a warranty or guarantee of any kind, expressed or implied. Should any fact that is found be in contrary to what is known or inferred at this time emerge in the future, I should be allowed to review it for possible revisions of the report. I am pleased to have been of service to you in this matter. I have over forty years in this type of construction. If you have questions or comments on the foundation please do not hesitate to call. Note; This proposal may be withdraw if not accepted within 60 days. NOTICE. Under the Mechanics "Lien taw {California code of civil procedure, (Section 1181 et seq.} And contractor, subcontractor, laborer, supplier or outer person who helps to improve your property but is not paid for his work or supplies, has a right to enforce a claim against your Property, this means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor in full, if the subcontractor, labor, or supplier remains unpaid. Note: all subterranean treatment for termites should be done after the foundation work has been complete 14065 Saratoga Avenue Saratoga Ca 95070 WORT{ AUTHORIZATION Phone Number SIGNATURE DATE Lock box # 1. Submitted by QUALIFY PARTNER. Charles Edward (ED) ]ones 105 for the evaluation. 106 Q) ub V v L ENGINEERED SOIL REPAIRS, INC. V y L V b V � vV V FOUNDATIONS • DRAINAGE • RETAINING WALLS e SLIDE REPAIRS February 12, 2013 Ms. Lisa Ouchida 14065 Saratoga Avenue Saratoga, CA 95070 RE: Drainage Improvements and Basement Grade Lowering Proposal Dear Ms. Ouchida, In accordance with your request, I have prepared a proposal to install drainage and basement improvements to your residence at the above -noted address. Based on my inspection of the site and conversations with you, 1 propose to do the following work. Specifically, we propose to do the following work: Drainage Improvements 1. Install a subdrain along the perimeter foundation of the basement. The subdrain will be at feast 12 inches below the bottom of the proposed basement slab and will consist of a 4 -inch diameter, perforated, SDR- 35 drain pipe, backfilled with % -inch drain rock, wrapped in filter fabric. 2. Install a paraseal moisture membrane along the inside face of the subdrain trench. The membrane will be attached to the foundation using a metal termination bar. 3. Install a 4 -inch diameter, solid, SDR -35 drain pipe to convey water from the subdrain to an energy dissipater to be installed in the rear yard. 4. Remove and replace exterior concrete flatwork as necessary to install the subdrain. This includes removal and replacement of the left side basement entry stairs, as well as a portion of the walkway along the left side of the house. 5. Remove a strip of rat slab within the crawlspace adjacent to the basement in order to install the subdrain. 1267 Springbrook Road CA State License ##668184 Wai.,,,r f rack CA 94597 NV State License #0072897 (925) 210 -21SO 107 Ms. Lisa auchida RE: Drainage improvements and February 12,2013 Basement Grade Lowering Proposal Wage 2 6. Dismantle and reassemble the wood stairs at the left rear corner of the house as necessary to install the subdrain. Some of the wood stairs will likely be damaged upon removal. We have included the cost to replace a portion of the stairs damaged by removal. We will provide all labor, equipment, and material to do this work for the lump sum of $42,982.00, including all necessary engineering and permit fees. Nothing has been included for landscape repair, or for work not specifically mentioned. Lower Basement Grade /New Slab 1. Remove a section of basement wall for equipment access. 2. Remove approximately 688 square feet of existing concrete slab in the basement of the house 3. Excavate the soil to create 8 feet of clearance as measured from the proposed slab to he existing first floor joists. 4. Shore the existing sub -floor framing in place and remove 4 support posts within the basement. 5. Install 2 new floor girders to support the first floor framing above the basement. The existing columns supporting the new beams will be supported by 2 new isolated square footings measuring 2 feet by 2 feet by 2.5 feet deep. 6. Install a new reinforced concrete slab in the 688 square feet of lowered floor space. 7. Install a capillary break consisting of a 4 -inch layer of gravel, a 10 -mil plastic vapor barrier and a 2 -inch layer of sand. 8. Replace the removed section of basement wall. We will provide all labor, equipment and material to do this work for the lump sum of $42,380.00, including all necessary engineering and permit fees. Nothing has been included for painting the replacement section of basement wall, landscape repair, or for work not specifically mentioned. Standard Condition The bid amount above does not include costs associated with modification of our standard insurance certificate. Should you require special conditions such as additional insured endorsement, there will be an additional charge at cost. This m a c a c 3 1 SITE PLAN CD CD A1.1 179' '--1 -0 cy _ in, -nl, Wprifvl Z!' -1" A /cri -RA 10' -52" A /arif%A 109 Ill ZONING OCCUPANCY GROUP TYPE OF CONSTRUCTION R -1- 10,000 R -3 Dwelling U Garage VB SETBACKS FRONT REAR SIDES 2510" 2510" 101011 LOT SIZE 9,138 sf SITE COVERAGE EXISTING PROPOSED ALLOWABLE 1386 sf 1485 sf 5483 sf 15% 16% 60% HEIGHT RESTRICTION 26' GARAGE PARKING SPACES EXISTING PROPOSED REQUIRED 0 0 0 * 99 sf added Keynotes 1. (E) Cantilever floor area 2. (E) Electrical service drop wire 3. (E) Fence to remain, typ. 4. (E) Gas meter 5. (N) Redwood stair- (8) risers @ 7" = 4' -8" and (7) treads @ 10 -1/2" = 6-1 1/2 ". 6. Landing at exterior doors shall be a minimum of 3' deep at outside of exterior doors. Exterior landings shall be permitted to have a slope not to exceed 1/4 unit vertical in 12 units horizontal (2- percent). Landing shall not be more than 7 3/4" below the top of the threshold provided that the door does not swing over the Landing (CRC R311). 7. Property line, typ. 8. Remove (E) concrete walk 9. Required zoning setback line, typ. Site Plan Notes: 1. All site construction work shall conform to the City of Saratoga requirements and /or standard details and specifications, and shall be subjected to city inspection and approval. 2. Topography: The site is relatively flat in the vicinity of the house. 3. Slope all porches, patios, and concrete paving 1/8" per foot min. away from structures. 4. Provide 3' x 3' minimum landing at outside of exterior doors. 5. Provide roof gutters (with gutter filler), downspouts, and splash blocks to lead rain water to imprevious areas. Grading Notes: The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one unit vertical in 20 units horizontal (5- percent slope) for a minimum distance of 10 feet measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit 10 feet of horizontal distance, a 5- percent slope shall be provided to an approved alternative method of diverting water away from the foundation. Swales used for this purpose shall be sloped a minimum of 2 percent where located within 10 feet of the building foundation. Impervious surfaces within 10 feet of the building foundation shall be sloped a minimum of 2 percent away from the building. CBC 1803.3 A0.1 Cover Sheet AM Site Plan A2.1 Existing Basement Plan A2.2 First Floor Demolition Plan A2.3 First Floor Plan A3.1 Exterior Elevations A3.2 Building Sections diebel and company ) gary r. diebel, aia po box 1044 burlingame, california 94011 -1044 t.) 650.558.8885 e) info @DiebetStudio.com ■ private residence house remodel ouchida residence 14065 Saratoga avenue Saratoga, ca 95070 apn:397.25.099 C -25284 gary r. diebel 10/13 - 19 e Of califot�= job name ouchida residence job number 120126 date 9.21.12 revision AM This project is designed exclusively for the client by Diebel and Company. Use by outside parties is strictly forbidden. 02012 Diebel and Company 1 All rights reserved. Z. SARATOGA CITY COUNCIL MEETING DATE: October 16, 2013 DEPARTMENT: Community Development PREPARED BY: Christopher Riordan, AICP AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: Plan and timeline for annexation of 206.9 acres (STG05) located in an unincorporated area of Santa Clara County to the south of Glen Una Drive. RECOMMENDED ACTION: Review the proposed plan and timeline to annex a 206.9 acre area in unincorporated Santa Clara County and approve the attached resolution adopting a plan and timeline for the annexation. BACKGROUND: On February 8, 2012, the Local Agency Formation Commission ( LAFCO) approved an application by the City of Saratoga to amend the City's Urban Service Area (USA) to include approximately 54 acres of land owned by Garrod Farms located in unincorporated Santa Clara County. The resolution approved by LAFCO included a condition that the City of Saratoga is to prepare a plan and timeline for annexation of a 206.9 acre area to the south of Glen Una Drive known as STG05. A map of the STG05 area is included as Attachment #1. On February 6, 2013, LAFCO approved the City's application to amend the City's USA to include the Congress Springs Quarry Property and to retract the USA in the area of On Orbit Drive and Orchard Meadows Drive. LAFCO staff has stated that the approved annexation of the Quarry Property will not be certified until the City has approved a plan and timeline for the STG05 annexation. Recent annexations in Saratoga have been in response to specific landowner requests or streamlined annexation procedures applicable to unincorporated islands that are 150 acres in size or smaller. Because the STG05 annexation area includes multiple parcels in different ownership and is larger than 150 acres it does not qualify for either of these expedited procedures. The following is a summary of the procedure and proposed timeline for the City to initiate annexation proceedings. A detailed description of the annexation process is included as Attachment #2. The resolution adopting a plan and timeline for the annexation is included as Attachment #3. Annexation process for STG05 The Cortese -Knox- Hertzberg Local Government Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed independently of LAFCO in processing annexation applications within the City's USA. The Act requires, however, that the City follow the procedures used by LAFCO to the extent practicable and generally establishes a three part process for annexations: (1) Initiation of Annexation; (2) Protest Proceedings; and (3) Approval of Annexation. The process to annex STG05 would take a minimum of eight months and could require additional time to the extent that environmental review or obtaining factual data requires. Page 1 of 4 110 Each of the three parts of the annexation process is described below: 1. Initiation of Annexation The Act and other state laws require the preparation of a number of documents as part of the annexation process. These documents fall into three categories: a service plan, LAFCO materials, and the California Environmental Quality Act. These are described below. Staff would begin preparation of these documents starting in January 2014. Service Plan - All annexations must include a proposed service plan for the area to be annexed. This plan includes a description of the parcels to be annexed; the reasons for the proposal; and a listing and description including the level, range, any change to, and financing of services to be provided to the annexed area. The service plan should also include an indication of any improvements or upgrading of structures, roads, sewer or water facilities, or other conditions that the City would impose or require on the annexed lands to be annexed. LAFCO Materials — Cities are required to make the findings listed below in connection with approving an annexation. • That the unincorporated territory is within the urban service area of the City of Saratoga. • That the County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO's road annexation policies. • That the proposal does not split lines of assessment or ownership. • That the proposal does not create islands or areas in which it would be difficult to provide municipal services. • That the proposal is consistent with the adopted General Plan of the City of Saratoga. Staff will undertake the factual inquires necessary to provide the City Council with the information required to determine if the findings can be made. These inquiries will be made as part of the process of preparing the Service Plan. CEQA Materials — Some annexations are categorically exempt from CEQA pursuant to the CEQA Guidelines (14 California Code §15319.) The Category 19 Exemption includes annexations of land that are already developed to the density allowed. In addition, 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. With respect to STG05, staff will analyze the annexation area to see if either of these exemptions would be applicable. If an exemption is not available, an initial study and negative declaration or environmental impact report would be required. Notice to Affected Agencies - The Act requires that notice of pending annexations be given to all agencies potentially affected by the annexation. This notice would be sent at least 21 days prior to the date proposed for Council action on the determination to initiate proceedings. Determination to Initiate Proceedings - Based on the background information prepared by staff and the comments of any affected agencies the Council would determine whether to formally propose the annexation to the affected property owners. This would occur at a regular City Page 2 of 4 111 Council meeting to be scheduled as soon as possible following completion of the items described above. 2. Protest Proceedings If the City Council approves the Service Plan, makes the required findings and CEQA determination and elects to move forward with the annexation of STG05, the Council must provide the residents and landowners in the annexation area an opportunity to protest the annexation. The City Council would adopt a resolution setting a date for a protest hearing. The hearing notice must be issued at least 21 days before the hearing and may not be issued more than 60 days before the hearing. Property owners within the annexation area can file written protests up to and during the protest hearing. At the conclusion of the hearing the City Council must determine the value of the protests. • If more than 50 percent of the registered voters protest the annexation, the annexation process is terminated and the area will not be annexed. • If more than 25 percent of the voters protest the annexation, an election of the registered voters in the annexation area must be held. Similarly, if 25 percent or more of the number of owners of land who also own at least 25 percent of the annexed value of land within the affected territory protest, an election must be held. • If the above termination threshold or election thresholds are not triggered than the annexation may proceed. 3. Annexation Approval If there are no protests or if there are protests and a subsequent election supports the annexation of STG05, then the City Council would adopt a resolution ordering the annexation. This resolution may be adopted at the same meeting as the protest hearing if no election is to be required. Following adoption of the resolution staff would prepare the final documentation for a Certificate of Completion of annexation by LAFCO. This includes the final map, reports by the County Surveyor and Assessor and related documentation together with filing fees. This would complete the annexation The timeline attached to the Resolution is an estimate based on the services of consultants and working with other agencies. It may proceed more quickly or slowly based on individual responses and circumstances that arise in the course of processing the annexation. Page 3 of 4 112 Annexation Timeline for STG05 Jan Feb Mar Apr May Jun Jul Au Service Plan LAFCO Materials County Surveyor Review County Assessor Review CEQA, if not exempt Notice to Affected Agencies of Pending Annexation < min 21 days prior to Council meeting to initiate annexation> City Council Meeting to Determination to Formally Initiate Proceedings Protest Proceedings <If required> Annexation Approval FISCAL IMPACTS: LAFCO processing fees-------------------------------------------- - - - - -- $1,154 State Board of Equalization fee based on less than 206.9 acres - -- $2,000 Costs will also be associated with Planning Staff time to prepare materials and process the application. Additional costs will be incurred by the City Attorney. ATTACHMENTS: 1. Resolution Adopting Plan and Timeline for Annexation of STG05 2. Table of steps required for annexation in Santa Clara County 3. Map of STG05 Page 4 of 4 113 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING A PLAN AND TIMELINE FOR ANNEXATION OF LAFCO ANNEXATION AREA STG05 WHEREAS, the Santa Clara County Local Agency Formation Commission has identified unincorporated islands in the vicinity of various cities in Santa Clara County and urged those cities to consider annexation of the areas identified; WHEREAS, the City of Saratoga has annexed two islands identified by LAFCO and has changed its urban service area to exclude two islands not contemplated for future annexation to the City; WHEREAS, LAFCO has requested that the City consider annexation of the 206.9 acre area referenced as STG05 and located generally south of Glen Una Drive, and shown in the staff report accompanying this Resolution; and WHEREAS, on October 16, 2013, the City Council held a duly noticed public meeting to consider adopting a plan and timeline for the annexation considered all oral and written comments, and the information the staff report regarding the steps to be implemented as part of the plan for annexation. NOW THEREFORE, the City Council of the City of Saratoga hereby resolves that City staff are to bring annexation of LAFCO Annexation Area STG05 forward for consideration by the City Council in 2014 in accordance with the plan and timeline for analysis and public outreach described in the staff report accompanying this resolution and as otherwise required by State law. PASSED AND ADOPTED by the City Council of the City of Saratoga on this 16th day of October 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Crystal Bothelio, City Clerk 114 Jill Hunter, Mayor Attachment #2 STEPS REQUIRED FOR CITY- INITIATED ANNEXATION IN SANTA CLARA COUNTY IN SANTA CLARA COUNTY ANNEXATIONS WITHIN A CITY'S URBAN SERVICE AREA ARE SUBJECT TO AN ALTERNATE "CITY- CONDUCTED" PROCESS, IN WHICH THE CITY COUNCIL TAKES LAFCO' S PLACE AS THE CONDUCTING AUTHORITY FOR THE ANNEXATION. (SEE GOV'T CODE 56757(a)) Code Sections Description Prior to initiating the formal annexation process the City must define the scope of the proposed annexation. The state law governing annexations does not impose specific requirements in this regard. Saratoga's past practice has been to hold a public hearing in connection with a proposed resolution of the City Council to initiate an annexation. At this hearing staff presents the proposed area to be annexed together with an initial assessment of the findings that must be made at the time of the annexation, the scope of CEQA review, and any General Plan, zoning, or other land use proposals to be considered in connection with the annexation. Though not required by law, the City typically sends hearing notices to all property owners within the annexation area, owners of property within 300 feet of the annexation area, the County, and special districts that could be affected by the annexation. Each annexation must be accompanied by a Service Plan including the following: (1) An enumeration and description of the services to be extended to the affected territory. (2) The level and range of those services. Government Code (3) An indication of when those services can feasibly be extended to the § 56653 affected territory. (4) An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions the local agency would impose or require within the affected territory if the change of organization or reorganization is completed. (5) Information with respect to how those services will be financed. Public Resources The City must comply with CEQA prior to approval or denial of the Code § 21000 et annexation. seq. CEQA Guidelines, Annexations that do not increase development potential maybe subject 14 Cal. Code Regs. to a categorical exemption. § 15319(a) The City Council, in adopting the resolution formally proposing the 56757(c) annexation, is required to make the following findings: That the unincorporated territory is within the urban service 115 Attachment #2 area of the city as adopted by the commission. • That the county surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with the road annexation policies of the commission. The city shall reimburse the county for the actual costs incurred by the county surveyor in making this determination. • That the proposal does not split lines of assessment or ownership. • That the proposal does not create islands or areas in which it would be difficult to provide municipal services. • That the proposal is consistent with the adopted general plan of the city. • That the territory is contiguous to existing city limits. • That the city has complied with all conditions imposed by the commission for inclusion of the territory in the urban service area of the city. Though not required by State law, Saratoga practice is to conduct a public hearing with notice to the property owners and others notified as part of the preliminary actions. 57000 et seq. After adopting the resolution formally proposing the annexation, the City must undertake protest proceedings regarding the annexation. Procedural notice requirements for protest proceedings: • The City must give notice by publication pursuant to §§ 56153 and 56154 and by posting pursuant to §§ 56158 and 56159. • The City must also give mailed notice to all landowners and registered voters within any affected territory, consistent with § § 57025 56155 and 56157. • The City must also give mailed notice to each affected city, district, or county, consistent with those same requirements. • The City must also notify the Director of Conservation if the proposal would result in the annexation of Williamson Act lands to the City. §§ 56753, 56753.5. Substantive notice requirements for protest proceedings. The notice must contain: • A statement of the distinctive short form designation assigned by the City to the proposal. • A statement of the manner in which, and by whom, proceedings 57026 were initiated. • A description of the exterior boundaries of the subject territory. • A description of the particular change or changes of organization proposed for each of the subject districts or cities and new districts or new cities proposed to be formed, and any terms and conditions to be applicable. The description may include a reference to the City's resolution making determinations for a full and complete description of the change of organization or 0) 116 Attachment #2 reorganization, and the terms and conditions. • A statement of the reason or reasons for the annexation. • A statement of the time, date, and place of the protest hearing on the proposed annexation. • If the subject territory is inhabited and the change of organization or reorganization provides for the submission of written protests, a statement that any owner of land within the territory, or any registered voter residing within the territory, may file a written protest against the proposal with the executive officer of the commission at any time prior to the conclusion of the hearing by the commission on the proposal. Conduct of the protest hearing: • The protest hearing is a public hearing. • At the protest hearing, prior to consideration of protests, the 57050 City's shall summarize its resolution and findings. • Next, the City hears and receives any oral or written protests, objections, or evidence presented or filed. • Any person who has filed a written protest may withdraw that protest at any time prior to the conclusion of the hearing. Written protests • At any time prior to the conclusion of the protest hearing, any 57051 owner of land or any registered voter within the subject territory may file a written protest against the annexation. For the protest to be valid, it must fulfill all of the requirements of this section. Findings 57075 • Within 30 days after the protest hearing, the City must make a finding based on the protests received and take one of the following three actions: 57075(a)(1), Terminate the proceedings if the City receives protests from 57078(b) 50% or more of the registered voters within the territory. ■ Order the annexation subject to an election if the City receives protests from either (1) at least 25 %, but less than 50% of the 57075(a)(2) registered voters within the territory or (2) at least 25 percent of the numbers of owners of land who also own at least 25 percent of the assessed value of land within the affected territory. 57075(a)(3) Order the annexation without an election if none of the termination/election thresholds above are triggered. The City submits its proposal to LAFCO to finalize and record a Certification of Completion. The City's proposal must include: 57200, • A certified copy of the City Council resolution with embossed 57201, seal, approving the proposal and making the findings required by 57202, § 56757, along with a legal description and map of the proposal 57203 area. The legal description and map should meet the State Board of Equalization's requirements. Legal descriptions and boundaries other than those shown on previously recorded legal documents shall be prepared by a person authorized to practice land 117 Attachment #2 surveying (i.e., any licensed land surveyor, or any civil engineer registered prior to January 1, 1982, pursuant to California Business and Professions Code §§ 8700 - 8806). • County Surveyor's Report of the proposal's compliance with applicable sections of state law and LAFCO policies. The surveyor will charge any fee pertaining to the work involved in preparing the Report directly to the City. • County Assessor's Report of the proposal's compliance with the applicable portions of state law and LAFCO policies. The Assessor will charge any fee pertaining to the work involved in preparing the Report directly to the City. • Completed Statement of Boundary Change Form. • Checks for LAFCO filing fees and State Board of Equalization Fees. M 118 SARATOGA CITY COUNCIL l MEETING DATE: October 16, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Commission Meeting Attendance Requirements RECOMMENDED ACTION: Provide direction to staff on amendments to the City's Commission meeting attendance requirements. BACKGROUND: At the September 4, 2013 Regular City Council Meeting, Council Member Cappello with support form Mayor Hunter requested that discussion on attendance requirements for Commissioners be scheduled for a future meeting. City Code 2- 12.040 states that a Commissioner who misses three consecutive regular meetings without permission of the Chair is automatically removed from the Commission. The Youth Commission has a different attendance policy, established by Council Resolution 12 -008, which states that Youth Commissioners who miss two meetings within a school year are automatically removed from the Commission, unless the Council excuses the absence. A record of Commission attendance for calendar year 2013 is included in Attachment A. The City's Commission attendance policies are also included in this attachment. In anticipation of this item, staff researched sample attendance policies from other cities. A summary of the sample policies is included in Attachment B. While some of the policies were very similar to the City's current policy, there were some common variations that the Council may wish to consider. A summary of common trends that Council may want to consider when providing direction on amending Saratoga's Commission meeting attendance requirements to staff is below. Council Consideration of Removal vs. Automatic Removal The City of Saratoga's attendance requirement for Commissioners states that Commissioners are automatically removed from their position when the number of permitted absences is exceeded. Alternatively, some municipalities do not automatically remove Commissioners when the attendance policy is violated. Instead, the Council reviews the matter and makes a decision about whether to vacate the position. Examples include policies from Burbank, Claremont, Cypress, Page 1 of 3 120 Hayward, Laguna Hills, Lawndale, Los Altos, Milpitas, Mission Viejo, Pacific Grove, and Riverbank. Council Appeal Where removal is automatic, some cities also allow Commissioners to appeal removal to the Council. This is similar to the Council's policy on Youth Commission attendance requirements. If a Commissioner feels that removal is unwarranted or there are extenuating circumstances that resulted in the absence, the Commissioner can request that Council excuse absences. The cities of Sunnyvale, Sonoma, and San Jose are some of the cities that allow Commissioners to appeal removal to the Council. Definition of Absence Staff also found that some cities provide a definition of an absence. For example, the City of Torrance's policy states that if a Commissioner is present for less than two- thirds of a meeting then that Commissioner is considered absent. The City of Cypress considers Commissioners who arrive more than 30 minutes after the start of the meeting to be absent. Definition of Excused Absences In addition to defining when a Commissioner is absent, some cities also define what is considered an excused absence. San Juan Capistrano, San Jose, and Hayward all establish definitions of excused absences. Examples of excused absences include absence due to illness or injury, death of a family member, or absence due to authorized Commission business. Alternatively, there were also cities that make no distinction between excused or unexcused absences. In these cities, a Commissioner who violates the attendance policy may be removed regardless of the reasons for the absence. Consecutive Missed Meetings vs. Missed Meetings Per Year Rather than calling for removal of a Commissioner if a certain number of consecutive meetings are missed like the City of Saratoga's policy, a number of cities have policies that call for removal of a Commissioner if a specified number of meetings are missed per year. For example, if three meetings in a year are missed then a Commissioner may be removed. Some cities call for removal if a certain percentage of meetings are missed. For example, Lake Elsinore's policy states that if a Commissioner misses more than two- thirds of the regular meetings per year then the Commissioner's position becomes vacant. The Lawndale policy requires that Council consider removal of Commissioners who miss 25 percent of meetings in a year. In some cases, cities have taken a combined approach. For example, if a City of Cupertino Commissioner misses more than 3 consecutive meetings or more than 25 percent of meetings in a calendar year, the Commissioner is removed from his or her position. Differing Attendance Standards Based on Number of Regular Meetings There were also policies that establish different attendance requirements based on the number of regular meetings a Commission has each year. The City of San Jose has adopted different attendance requirements for Commissions that meet four times or less per year and more than four meetings per year. Commissioners who have four or fewer regular meetings per year may Page 2 of 3 121 not miss two consecutive meetings. Commissioners, who have more than four regular meetings per year, may not miss more than three consecutive regular meetings or more than 25 percent of regular meetings. FISCAL IMPACTS: There are no direct fiscal impacts to the City associated with modifying the Commission attendance requirements. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City's attendance requirements for Commissioners will remain the same. ALTERNATIVE ACTION(S): 00 FOLLOW UP ACTION(S): If Council provides direction to staff on how to amend the City's Commission meeting attendance requirements, staff will return with an ordinance amending City Code section 2- 12.040 and/or Council Resolution 12 -008. 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: Commission Attendance Policies and Records for 2013 Attachment B: Sample Commission Attendance Policies Page 3 of 3 122 2013 COMMISSION ATTENDANCE POLICIES AND RECORDS Commission Attendance Policies Code 2- 12.040 - Attendance (a) Each Commissioner shall regularly attend meetings of the Commission of which he or she is a member. (b) If a Commissioner is absent without permission of the Chair (or, in the case of the Chair, the Mayor) from three consecutive regular Commission meetings, the Commissioner's office becomes vacant and shall be filled as any other vacancy. If a Commissioner is absent without permission from two consecutive regular Commission meetings, the secretary of the Commission shall mail to the Commissioner a courtesy notice of the requirements of this section, provided, however, that such notice shall not operate as prerequisite to the establishment of a vacancy pursuant to this Subsection (b) and that failure to mail such notice shall not create any right of action in any Commissioner or any other person. Youth Commission - Resolution 12 -008 A Commissioner who is absent from two meetings within a school year will be automatically removed from the Commission unless the absence is approved by the Council. Commission Attendance Records (January 1, 2013 — October 8, 2013) • • • Commissioner Name Regular Meeting Absences Cappello 0 Conrado 0 Marchetti 0 Marra 1 Nugent 1 Schuck 1 Shah 0 Number of Regular Meetings: 10 LIBRARY COMMISSION Commissioner Name Regular Meeting Absences Andres 1 Calderon 1 Schlosser 0 Whitcomb 0 Vacant Position N/A Number of Regular Meetings: 4 PARKS 1 RECREATION • • other month) Commissioner Name Regular Meeting Absences Nelson Bailey 1 Paquier 0 Ward 0 Vacant Position N/A Vacant Position N/A Number of Regular Meetings: 5 1 PLANNING COMMISSION Commissioner Name Regular Meeting Absences Almalech 2 * Bernald 2 * Grover 4* Hlava 2 Smullen 1 Walia 0 Zhao 1 Number of Regular Meetings: 17 * Missed meetings were not consecutive meetings TRAFFIC • • WT, Na I Regular Meeting Absences Guichard 1 Harris 0 Kane 0 Kirk 0 Musselman 1 Vita 0 Cosyn N/A Number of Regular Meetings: 5 YOUTH • • school Commissioner Name Regular Meeting Absences Agrawal 0 Chang 0 Gupta 0 Khare 0 Lee 0 Lin 0 Pandya 0 Smith 0 Sreedhara 0 Vijay 0 Wang 0 Number of Regular Meetings: 3 SAMPLE COMMISSION ATTENDANCE POLICIES CITY COMMISSION ATTENDANCE POLICY Burbank, CA Claremont, CA In the event a member of a Board, Commission or committee is absent for three (3) consecutive regularly scheduled meetings of the Board, Commission or committee to which he /she has been appointed, or who fails to attend at least seventy five percent (75 %) of the regularly scheduled meetings during a twelve (12) month period, which commences on the date of the appointment of the individual member to office, the attendance record of such member shall be reviewed by the Board, Commission, or committee to which the member was appointed. The Board, Commission, or committee shall consider the reasons for the absences with the member and make a determination whether the absences should be excused or unexcused by the City Council. The report and recommendation shall be transmitted to the City Clerk who shall agendize the matter for City Council consideration. The City Council shall take appropriate action including, but not limited to, excusing the absences, removing the member, or such other action as the Council deems appropriate. For the purpose of this section, "absence" shall mean the failure of a member of a Board, Commission, or committee to be present during at least two - thirds (2/3) of the entire meeting. It is expected that a member of a Commission that meets once a month will not miss more than one formal Commission meeting every six months. Likewise, it is expected that a member of a Commission that meets twice a month will not miss more than two formal Commission meetings every six months. If the member continues to exceed the allotted absences, the Mayor will contact the member to discuss the issue. If after discussion with the Commission chair and the Mayor, the attendance of the member does not improve, the attendance problem will be brought before the City Council to determine if the member shall be granted a leave of absence or be removed from the Commission. Cupertino, CA A member shall be considered removed from an advisory body under the following conditions. • A member misses more than three consecutive meetings • A member misses more than 25% of the advisory body's meetings in a calendar year Cypress, CA A Commissioner is subject to removal from office by at least three (3) affirmative votes of the Council should the member incur four (4) absences from regular meetings during the given period between July 1 of a current year and June 30th of the following year. A member arriving more than 30 minutes after the start of a meeting shall be deemed absent. 124 Delano, CA Any appointed member of a municipal Commission, committee or Board is automatically removed from membership on such Commission, committee, or Board if: he or she misses three consecutive regularly scheduled meetings; or he or she fails to attend at least eighty percent of the regularly scheduled LAPP. meetings during any twelve -month period. It is the responsibility of the chair and City staff to inform the City Council of such attendance problems. Hayward, CA If members of a Board or Commission absent themselves from three consecutive regular meetings of the Board or Commission without permission, their offices shall become vacant and shall be so declared by the City Council. The City Council will remove or not reappoint any Board or Commission Member who has failed to attend at least 75% of all regular meetings held during the 12 -month period between June 1 and May 31, unless the appeal of a Board Member or Commission Member that is filed within 7 days of La Quinta, CA Laguna Hills, CA notification that such attendance requirement has not been met, the City Council determines that a lesser attendance record is the result of unusual or excusable circumstances. Examples of unusual or excusable circumstances that may, but need not, result in retention of a Board or Commission Member include a comparatively infrequent meeting schedule of the Board or Commission upon which the member serves; absences that result from the member's attendance at other City- sponsored or City - endorsed functions that conflict with a Board or Commission meeting time; and the illness or injury of a family member that required the absence of the Board or Commission Member from the City. If any member of a Board, Commission or committee absents him /herself from two (2) consecutive regular meetings, or absents him /herself from a total of three (3) regular meetings within any fiscal year, his /her office shall become vacant and shall be filled as any other vacancy. A Board, Commission or committee member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances, and /or may request the City Council to excuse an absence after - the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above - stated limitations on absences. Any Commissioner absent from two consecutive regularly scheduled meetings of their Commission, or absent from three regularly scheduled meetings of their Commission during a calendar year, may be removed from office. The City Council may declare a vacancy on the Commission and direct the City Clerk to post the Notice of Vacancy and begin the application process. Absences are not considered excused or unexcused. In carrying out this Policy, the City Council shall give consideration to extenuating circumstances. 125 Lake Elsinore, CA Absences, which result in attendance at less than two thirds of their meetings during the calendar year, will be reported to the City Council and may result in replacement of the Commissioner by the Council. 6=m& Any member who feels that unique circumstances have led to numerous absences can appeal directly to the Council or appropriate staff for a waiver of this policy. Lake Forest, CA Should any Board or Commission Member be absent from any three (3) consecutive meetings of the Board or Commission, without excuse acceptable to the City Council, that member shall vacate his or her seat on the Board or Commission. The vacancy shall be filled in the same manner as any other vacancy. Lawndale, CA Because consistent participation in meetings is vital to the performance of their duties, the City Council desires to reevaluate the appointment of any Commissioner or committee member who has a record of excessive unexcused absences. The City Council considers an unexcused absence rate of 25 percent of the number of regularly scheduled meetings per year to be unacceptable. The staff liaison shall immediately notify the City Council if the number of unexcused absences by any member has exceeded this level. Absence rates will be calculated based on a one -year period, beginning on June 1st of each year and ending on May 31st of the following year. For example, notification to Council shall be made once a member of an advisory body which regularly meets twice per month has accumulated seven unexcused absences in the current year. If a member is appointed subsequent to the start and prior to the end of the above described year, then absence rates will be calculated on a pro rata basis beginning with the date of appointment. Los Altos Hills, CA If a Commissioner /Committee Member misses three consecutive meetings, that member is considered to have resigned unless the Chair excuses the absence and informed the other Commissioners /Committee Members of the exception at the third consecutive meeting missed. Los Altos, CA Individual Commissioner /committee members may be removed from a Commission /Committee after the i third consecutive absence from a meeting, or for other causes determined by the Council. Milpitas, CA Commissioners and alternates are expected to attend all meetings. When any member or alternate has 3 or more unexcused absences in a 12 -month period, the Commission shall forward this information to the City Council for review and possible removal of the member or alternate from the Commission. Any member or alternate of may be removed from office by a majority vote of the City Council at a regularly scheduled Council meeting. Members and alternates may apply for reappointment by submitting a letter or email of interest or email to the Mayor with a copy to the Commission Chair one month prior to the expiration of his /her term of iIP41 1. The Board or Commission has four or fewer regular meetings in any calendar year, and the member has unexcused absences from any two consecutive regular meetings of the Board or Commission; or 2. The Board or Commission has more than four regular meetings in any calendar year, and the member has unexcused absences from either: a. Any three consecutive regular meetings of the Board, or Commission; or b. More than twenty percent of the total number of regular meetings in any calendar year, or if the member was appointed to fill a vacancy, more than twenty percent of the total number of remaining regular meetings in that calendar year. 127 office. Any member or alternate of the Commission who wishes to resign should submit a letter of resignation or e -mail to the Mayor with a copy to the Commission Chair. Mission Viejo, CA If a Commissioner has missed three consecutive regularly scheduled meetings, the matter of the member's continued tenure on the Commission shall be presented to the City Council for review. The 6a Council shall decide whether to remove the Commissioner, retain the Commissioner, or temporarily remove the Commissioner and appoint a replacement Commissioner for a limited term. Monrovia, CA If a member of any Board or Commission, except the Library Board, is absent with or without excuse from five meetings in any 12 -month period, the office of that member will be deemed to be vacant, and the term of that member terminated. The secretary of the Commission or Board shall immediately inform the City Council of that termination. Norwalk, CA More than three unexcused absences during one calendar year may be considered grounds for removal from the advisory body. Removal must be approved by the Council. Pacific Grove, CA Unexcused absence from three consecutive regular meetings may be considered as cause for removal by the Council. Riverbank, CA A Commissioner who fails, without permission from the Commission, to attend three successive meetings of the Commission is subject to removal by a majority vote of the City Council, or by the Mayor, subject to the approval of the City Council. San Jose, CA A member of any Board or Commission, other than the planning Commission, the salary setting Commission and the civil service Commission, shall be deemed to have automatically resigned from office if: 1. The Board or Commission has four or fewer regular meetings in any calendar year, and the member has unexcused absences from any two consecutive regular meetings of the Board or Commission; or 2. The Board or Commission has more than four regular meetings in any calendar year, and the member has unexcused absences from either: a. Any three consecutive regular meetings of the Board, or Commission; or b. More than twenty percent of the total number of regular meetings in any calendar year, or if the member was appointed to fill a vacancy, more than twenty percent of the total number of remaining regular meetings in that calendar year. 127 Excused absences include: 1. An absence due to an illness of the member, or illness or death of a member's spouse, domestic partner, parent, child, sibling or dependent; or 2. An absence because a member is away on authorized Board or Commission business; or 3. For any member who is a City Council Member or a City employee, an absence due to the member performing required City business; or 4. An absence from a meeting of the Board of administration for the federated City employees retirement system or of the Board of administration for the police and fire department retirement plan which the Board of administration has found to be for good cause. A member shall be deemed absent from a meeting if the member fails to be in attendance at a regular meeting for at least one -half of the duration of the regular meeting. A member whose seat has become vacant by virtue of the above provisions may be reappointed to his or her former office for the balance of the member's unexpired term if the Council finds there was good excuse for the member's absence from meetings or finds that the reappointment will be in the best interests of the City. San Juan Capistrano, CA Appointees shall not exceed the following limits of unexcused absences: a. For those advisory bodies meeting on a bi- weekly schedule, three consecutive meetings OR a total of five meetings in a fiscal year; b. For those advisory bodies meeting on a monthly schedule, two consecutive meetings OR a total of three meetings in a fiscal year; c. For those advisory bodies meeting on a quarterly schedule, two consecutive meetings OR a total of three meetings in a fiscal year. If the above limits are exceeded, the appointee shall be deemed to have vacated his /her office, with no further action of the City Council necessary to remove the appointee. 128 Excused absences shall be defined as those for which the secretary to the advisory body has been notified in advance of the meeting. Notification to another member of the advisory body shall not be considered sufficient. Excused or unexcused absences may not exceed 35% of the scheduled meetings in a twelve (12) month period, starting with the date of appointment or, the appointee shall be deemed to have vacated his /her office, unless there exists extenuating circumstances in which the City Council shall review for final determination. Signal Hill, CA After a Commissioner has accumulated three unexcused absences in any calendar year, and upon the occurrence of the next unexcused absence, the Commissioner shall be deemed to be automatically removed from the Commission, and their office shall be deemed vacated by operation of law. Sonoma, CA If a member of any Board or Commission of the City fails to attend the regular or special meetings of such a Board or Commission for three consecutive meetings or one -third of any calendar year's meetings, the office becomes vacant automatically, without any declaration to that effect, and shall thereafter be filled as any other vacancy. Upon request by a Commissioner, the Council may waive the attendance rules due to special circumstances. The attendance rules may be waived if the absent member notifies the City Clerk of their request for a waiver of the attendance rules for their intended absence prior to the scheduled meetings. Failure to request the waiver prior to the meetings will result in an unexcused absence, unless extenuating circumstances prevent advance notice and the absence is due to the one of the following: birth or adoption of a child; personal illness; or death in the family. Sunnyvale, CA Unexcused absences from three consecutive regularly scheduled meetings, or from more than 25% of all regularly scheduled meetings over any twelve consecutive month period, shall result in that member's seat being declared vacant by the City Clerk. Any declaration of vacancy based on unexcused absence from more than 25% of all regularly scheduled meetings over any 12 -month period shall be appealable to the City Council. (Declarations based on absence from three consecutive regularly scheduled meetings are Charter -based and are not appealable.) Excused absences shall be limited to those which meet both of the following requirements: a) The absent member informed the chair and /or the City staff liaison to the Board or Commission, of their intended absence prior to the scheduled meeting. (Failure to inform the 129 chair or the staff liaison prior to the meeting shall result in an unexcused absence, unless extenuating circumstances prevent advance notice), and b) The absence is due to one of the following: 1. Death in the family 2. Personal illness 3. Board or Commission - related business 4. Personal leave (limited to one per fiscal year for those Boards /Commissions meeting monthly or less frequently and to 10% for regularly scheduled meetings for those meeting more frequently) 5. Emergency 6. Decision by member's supervisor in employment or required military service 7. Maternity leave Torrance, CA If a member of the Commission does not attend two (2) consecutive regular meetings unless excused by the Commission, his membership thereon shall terminate automatically. Additionally, if a member misses more than twenty -five (25) percent of all the regular and adjourned regular meetings in any four (4) consecutive calendar quarters unless excused in advance by the City Council, his membership shall terminate automatically. A member will be deemed absent from a meeting unless he is present during at least two - thirds (2/3) of the time of the entire meeting. Whittier, CA In addition to the attendance standard expressed in the City Charter any Board or Commission Member who absents himself from any five regular meetings of the Board or Commission in any six -month period without the consent of the Board or Commission so expressed in the minutes shall thereby automatically forfeit his position as a member of the Board or Commission and the name of such person shall be automatically removed from the membership of the Board or Commission immediately after the adjournment of the fifth regular meeting in any such six -month period at which the Board or Commission Member has not appeared. 130