The URL can be used to link to this page

Home My WebLink About11-06-2013 City Council Agenda Packet6�1 a� 5 ARq GG `�trF0 AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL NOVEMBER 6, 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 November 1, 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. COMMISSION INTERVIEWS — 5:30 P.M. TIME APPLICANT COMMISSION INCUMBENT VACANCIES 5:35 p.m. Robert Gulino Library No 1 5:40 p.m. Trish Cypher Library No 1 5:45 p.m. Sandh a Venkateshan Library No 1 5:50 p.m. Lauren Marty Library No 1 CALL JOINT MEETING TO ORDER — 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE 1. Joint Meeting with State Senator Jim Beall, Jr., Assembly Member Paul Fong, and Santa Clara County Supervisor Joe Simitian 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 November 1, 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 P day of November 2013 at Saratoga, California. Crystal Bothelio, City Clerk 4 Table of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commendations for Outgoing Parks and Recreation Commissioners Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 8 Attachment A: Commendation for Vita Bruno . . . . . . . . . . 10 Attachment B: Commendation for Thomas Soukup . . . . . . . 11 Appointment of Parks and Recreation Commissioners and Oath of Office Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 12 Attachment A: Resolution of Appointment . . . . . . . . . . . 14 Attachment B: Oaths of Office . . . . . . . . . . . . . . . . 15 Pancreatic Cancer Awareness Month Proclamation Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 17 Attachment A: Proclamation . . . . . . . . . . . . . . . . . 19 City Council Meeting Minutes Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 20 Attachment A: Minutes for Special and Regular City Council Meeting on October 16, 2013 . . . . . . . . . . . . . 22 Review of Accounts Payable Check Registers Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 30 10/15/2013 Check Register . . . . . . . . . . . . . . . . . . 32 10/24/2013 Check Register . . . . . . . . . . . . . . . . . . 36 10/29/2013 Check Register . . . . . . . . . . . . . . . . . . 40 Treasurer's Report for the Month Ended September 30, 2013 Treasurer's Report for the Month Ended September 30, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Agreement with the Santa Clara County FireSafe Council Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 50 Attachment A: Proposed Agreement . . . . . . . . . . . . . . 52 Memorandum of Understanding for Use of Saratoga Federated Church Storage Area for Emergency Operations Center Supplies Staff Report - Memorandum of Understanding for Use of Saratoga Federated Church Storage Area for Emergency Operations Center Supplies . . . . . . . . . . . . 71 A - Memorandum of Understanding for use of facilities at Saratoga Federated Church . . . . . . . . . . . . . . . . . 73 Quito Road Bridges Replacement Project Public Review Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 75 Attachment 1 . . . . . . . . . . . . . . . . . . . . . . . . . 78 Attachment 2 . . . . . . . . . . . . . . . . . . . . . . . . . 81 Attachment 3 . . . . . . . . . . . . . . . . . . . . . . . . . 82 Attachment 4 . . . . . . . . . . . . . . . . . . . . . . . . . 84 Adoption of Tree Risk Management Policy and Amendment of Zoning Code 15- 50.040 1 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 103 Attachment 1 . . . . . . . . . . . . . . . . . . . . . . . . . 106 Attachment 2 . . . . . . . . . . . . . . . . . . . . . . . . . 116 Attachment 3 . . . . . . . . . . . . . . . . . . . . . . . . . 119 Renewal of Facility Use Agreement with Saratoga Area Senior Coordinating Council Renewal of Facility Use Agreement with Saratoga Area Senior Coordinating Council . . . . . . . . . . . . . . . . . . 121 A - Resolution Authorizing SASCC Use Agreement. . . . . . . 124 B - Proposed Use Agreement showing changes from prior Use Agreement . . . . . . . . . . . . . . . . . . . . . 125 C - Proposed agreement with attached Exhibits. . . . . . . . . 132 Exhibit A - Map showing location of Facilities . . . . . . . . . . 139 Exhibit B - Program Summary of SASCC activities . . . . . . . 140 Exhibit C - SASCC Equipment List . . . . . . . . . . . . . . . 141 Exhibit D - Charges for City Personnel Services . . . . . . . . 145 Exhibit E - SASCC Measurable Objectives and Financial Trends . . . . . . . . . . . . . . . . . . . . . . . 146 Exhibit E - SASCC Financial Trends . . . . . . . . . . . . . . 148 Reassignment of Previously Allocated Funds for McWilliams House Improvements Reassignment of Previously Allocated Funds for McWilliams House Improvements . . . . . . . . . . . . . . . 150 Quito Road Bridges — Award of Design Contract Council Report -Quito Rd Bridges Award of Design Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Attachment #1 Mark Thomas & Company Fee Proposal. . . . . 154 Proposed Water Supply Improvements Assessment District Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 155 Approval of Updated City of Saratoga Records Retention Schedule Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 158 Attachment A:Resolution . . . . . . . . . . . . . . . . . . . 160 Attachment B: Retention Schedule . . . . . . . . . . . . . . . 161 Attachment C: List of Changes . . . . . . . . . . . . . . . . . 190 2 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL NOVEMBER 6, 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 November 1, 2013) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aundized 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 Commendations for Outgoing Parks and Recreation Commissioners Recommended action: Read and present commendations for Vita Bruno and Thomas Soukup. 2. Appointment of Parks and Recreation Commissioners and Oath of Office Recommended action: Adopt the attached resolution appointing Ping Li and Rick Pearce to the Parks and Recreation Commission and direct the City Clerk to administer the Oath of Office. 3 3. Pancreatic Cancer Awareness Month Proclamation Recommended action: Read and present the proclamation declaring November 2013 as Pancreatic Cancer Awareness Month 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 16, 2013. 5. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 10/15/2013 Period 4 10/24/2013 Period 4 10/29/2013 Period 4 6. Treasurer's Report for the Month Ended September 30, 2013 Recommended action: Review and accept the Treasurer's Report for the month ended September 30, 2013. 7. Agreement with the Santa Clara County FireSafe Council Recommended action: Authorize the City Manager to execute an agreement with the Santa Clara County FireSafe Council in the amount of $25,000 per year through June 30, 2018 to establish a hazardous fuel reduction program in the City of Saratoga. 8. Memorandum of Understanding for Use of Saratoga Federated Church Storage Area for Emergency Operations Center Supplies Recommended action: Authorize the City Manager to sign the Memorandum of Understanding (MOU) between the City of Saratoga and the Saratoga Federated Church for use of the exterior church storage area for storing Emergency Operations Center supplies and materials. 2 PUBLIC HEARINGS Applicants /Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant /Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 9. Quito Road Bridges Replacement Project Public Review Recommended action: Accept public testimony regarding the Quito Road Bridges Replacement Project and direct staff to review and refine the project design based on further public outreach and consultation. 10. Adoption of Tree Risk Management Policy and Amendment of Zoning Code 15- 50.040 Recommended action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the attached ordinance amending Section 15- 50.040 of the City Code and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. 3. Adopt the Tree Risk Management Policy. OLD BUSINESS 11. Renewal of Facility Use Agreement with Saratoga Area Senior Coordinating Council Recommended action: Accept report and adopt a Resolution authorizing the City Manager to execute the Agreement for Use of Facilities with the Saratoga Area Senior Coordinating Council. 12. Reassignment of Previously Allocated Funds for McWilliams House Improvements Recommended action: Accept report and move to approve the reassignment of previously allocated CIP funds for the McWilliams House Improvements. NEW BUSINESS 13. Quito Road Bridges — Award of Design Contract Recommended action: 1. Authorize the City Manager to execute a contract for consulting services with the Mark Thomas & Company for design for the Quito Road Bridge Replacement Project for the amount of $322,462. 2. Move to authorize the staff to execute change orders to the design contract up to $75,000 to address ideas and concerns submitted by the public during the course of the design process. 14. Proposed Water Supply Improvements Assessment District Recommended action: Consider and provide direction to staff regarding the proposal from the Arrowhead Cooperative Company, Inc. to establish an assessment district to construct water supply improvements to serve 39 homes and upon completion transfer those improvements to the San Jose Water Company. 5 15. Approval of Updated City of Saratoga Records Retention Schedule Recommended action: Adopt resolution approving the updated records retention schedule. 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 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 Page 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 0 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.saratoaa.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102 - 35.104 ADA Title II) Certificate of Posting of Agenda: I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on November 1, 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.sarato a.c�a.us Signed this I sr day of November 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.saratoga.ca.us y a1 SAM F?A 1F0 11/06 11/20 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2013 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 7 v SARATOGA CITY COUNCIL MEETING DATE: November 6, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Commendations for Outgoing Parks and Recreation Commissioners RECOMMENDED ACTION: Read and present commendations for Vita Bruno and Thomas Soukup. BACKGROUND: Attached are commendations recognizing the contributions and achievements of outgoing Parks and Recreation Commissioners Vita Bruno and Thomas Soukup. FISCAL IMPACTS: 00 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The commendations 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: Commendation for Vita Bruno Attachment B: Commendation for Thomas Soukup Page 2 of 2 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING VITA BRUNO FOR HER SERVICE ON THE SARATOGA PARKS AND RECREATION COMMISSION WHEREAS, Vita Bruno was first appointed to the Parks and Recreation Commission in October 2003; and WHEREAS, Vita was part of the Parks and Recreation Commission when it was suspended in 2005 and continued her service on the Parks and Recreation Commission when it was reactivated in 2007; and WHEREAS, during her term, Vita led efforts to establish the Parks and Recreation Commission's Let's Walk Saratoga initiative and helped establish a program to promote healthy and physical activity in Saratoga; and WHEREAS, while Vita was a Parks and Recreation Commissioner, the Commission launched the City's annual summer movie night event, led a number of guided walks and hikes to showcase Saratoga trails, made a number of recommendations to the City Council, installed a number of nesting boxes for native birds in Saratoga parks, launched the master planning process for the Saratoga Quarry Park, helped with the re- opening of the Joe's Trail entrance at Fredericksburg Drive, and participated in the development of the Civic Theater Master Plan; and WHEREAS, as a Commissioner, Vita displayed a true passion for building community in the City of Saratoga through parks and recreation; and WHEREAS, it is apparent to all who have worked with Vita Bruno that she is a dedicated member of the Saratoga community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Vita Bruno for her many years of dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of November 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING THOMAS SOUKUP FOR HIS SERVICE ON THE SARATOGA PARKS AND RECREATION COMMISSION WHEREAS, Thomas Soukup was first appointed to the Parks and Recreation Commission in October 2003; and WHEREAS, Thomas was part of the Parks and Recreation Commission when it was suspended in 2005 and continued his service on the Parks and Recreation Commission when it was reactivated in 2007; and WHEREAS, Thomas served as the Chair of the Parks and Recreation Commission in 2008, providing critical leadership to the Commission in the first year of its reactivation; and WHEREAS, during his term, Thomas led efforts to create a summer movie night event that started in 2010 at Wildwood Park and grew into a series of 3 movies in El Quito Park during the summer of 2013; and WHEREAS, while Thomas was a Parks and Recreation Commissioner, the Commission launched the City's annual summer movie night event, led a number of guided walks and hikes to showcase Saratoga trails, made a number of recommendations to the City Council, installed a number of nesting boxes for native birds in Saratoga parks, launched the master planning process for the Saratoga Quarry Park, helped with the re- opening of the Joe's Trail entrance at Fredericksburg Drive, and participated in the development of the Civic Theater Master Plan; and WHEREAS, as a Commissioner, Thomas displayed a true passion for building community in the City of Saratoga through parks and recreation; and WHEREAS, it is apparent to all who have worked with Thomas Soukup that he is a dedicated member of the Saratoga community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Thomas Soukup for his many years of dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of November 2013. Jill Hunter, Mayor City of Saratoga v SARATOGA CITY COUNCIL MEETING DATE: November 6, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Appointment of Parks and Recreation Commissioners and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing Ping Li and Rick Pearce to the Parks and Recreation Commission and direct the City Clerk to administer the Oath of Office. BACKGROUND: Parks and Recreation Commissioners Vita Bruno and Thomas Soukup ended their terms October 1, 2013. The City conducted a recruitment to fill the two open positions on the Parks and Recreation Commission. The City Council interviewed applicants on October 16, 2013 and selected Ping Li and Rick Pearce to serve full terms ending September 30, 2017. FISCAL IMPACTS: CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The appointments to the Parks and Recreation 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 12 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: Oaths of Office Page 2 of 2 13 RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING TWO MEMBERS TO THE SARATOGA PARKS AND RECREATION COMMISSION WHEREAS, two vacancies on the Parks and Recreation Commission was created the terms of Vita Bruno and Thomas Soukup expired; and WHEREAS, the City conducted a recruitment for two positions on the Parks and Recreation Commission; and WHEREAS, interviews with the City Council were held on October 16, 2013; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following individuals are appointed to the Saratoga Parks and Recreation Commission: NAME COMMISSION TERM Ping Li Parks and Recreation October 1, 2013 — September 30, 2017 Rick Pearce Parks and Recreation October 1, 2013 — September 30, 2017 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of November 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DATE: Crystal Bothelio, City Clerk 14 Jill Hunter, Mayor STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Ping Li, 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 6th day of November 2013. Crystal Bothelio City Clerk 15 Ping Li, Member Parks and Recreation Commission STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Rick Pearce, 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 6th day of November 2013. Crystal Bothelio City Clerk 16 Rick Pearce, Member Parks and Recreation Commission v SARATOGA CITY COUNCIL MEETING DATE: November 6, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: Dave Anderson Deputy City Clerk SUBJECT: Pancreatic Cancer Awareness Month Proclamation RECOMMENDED ACTION: Read and present the proclamation declaring November 2013 as Pancreatic Cancer Awareness Month in the City of Saratoga. BACKGROUND: Pancreatic cancer is the fourth leading cause of cancer death in the United States. Approximately 279,000 people worldwide are diagnosed with pancreatic cancer each year. In the United States, the survival rate of pancreatic cancer is just 6 percent. Worldwide the month of November is recognized as Pancreatic Cancer Awareness Month to help draw attention to this disease and the need to advance understanding of how to prevent and treat pancreatic cancer. Lisa Liu, from the Pancreatic Cancer Action Network, will be present at the November 6, 2013 meeting to accept the proclamation. FISCAL IMPACTS: IRM CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The proclamation will not be presented. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. Page 1 of 2 17 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: Pancreatic Cancer Awareness Month Proclamation Page 2 of 2 in PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THE MONTH OF NOVEMBER 2013 "PANCREATIC CANCER AWARENESS MONTH" WHEREAS, in 2013, an estimated 45,220 people will be diagnosed with pancreatic cancer in the United States and 38,460 will die from the disease; and WHEREAS, pancreatic cancer is one of the deadliest cancers and is the fourth leading cause of cancer deaths in the United States; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis, and 73 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years; and WHEREAS, the incidence and death rate for pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer death in the U.S. by 2020; and WHEREAS, the U.S. Congress passed the Recalcitrant Cancer Research Act last year, which calls on the National Cancer Institute to develop a scientific framework, or strategic plan, for pancreatic cancer and other deadly cancers, which will help provide the strategic direction and guidance needed to make true progress against these diseases; and WHEREAS, the Pancreatic Cancer Action Network is the national patient advocacy organization serving the pancreatic cancer community in California and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS, the Pancreatic Cancer Action Network and its affiliate in the Bay Area support those patients currently battling pancreatic cancer, as well as the loved ones of those who have lost their lives to the disease; and WHEREAS, the good health and well -being of the residents of Saratoga, California are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim the month of November 2013 to be: 2z"1011019 ��y� \�y ►7�1�i/_ ►7 \X�i�� (��►� WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of November 2013. Jill Hunter, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: November 6, 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 16, 2013. BACKGROUND: The draft minutes for the Special and Regular City Council Meeting on October 16, 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 20 ATTACHMENTS: Attachment A: Minutes for Special and Regular City Council Meeting on October 16, 2013 Page 2 of 2 21 MINUTES WEDNESDAY, OCTOBER 16, 2013 SARATOGA SPECIAL CITY COUNCIL MEETING At 5:30 p.m., the City Council held Closed Session in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. At 5:40 p.m., the Council conducted interviews for the Parks and Recreation Commission. At 6:00 p.m., the City Council held a Joint Meeting with representatives of the Saratoga Community Access Television Foundation (KSAR). 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 Christopher Riordan, Senior Planner Cynthia McCormick, Planner Brian Babcock, Administrative Analyst I 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 October 10, 2013. REPORT FROM CLOSED SESSION Mayor Hunter stated that there was nothing to report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aundized Items None Oral Communications - Council Direction to Staff None 22 Communications from Boards and Commissions Mayor Hunter invited Tom Moran, President of the Saratoga Community Access Television Foundation (KSAR), to provide an overview of the Joint Meeting. Tom Moran, President of Saratoga Community Access Television Foundation (KSAR), gave a summary of the Joint Meeting then invited David Lee, KSAR Station Manager, to show a video highlighting the KSAR studio improvements. Council Direction to Staff None ANNOUNCEMENTS Council Member Page announced that the Valley Transportation Authority named a new General Manager, Nuria Fernandez. He then shared information about dangers associated with use of Acetaminophen by children. Council Member Cappello noted that the Silicon Valley Health and Wellness Expo, organized by SASCC and El Camino Hospital, is a free event that will be held on November 2, 2013 from 10:00 a.m. to 1:00 p.m. at West Valley College. The event will include a variety of health resources for all ages. Mayor Hunter made an announcement about the winner of the Village scarecrow contest. CEREMONIAL ITEMS Recognition of Former Traffic Safety Commissioner Judy Coulter Recommended action: Present certificate of appreciation to Traffic Safety Commissioner Judy Coulter. Mayor Hunter announced that Judy Coulter was not present to accept her certificate, but Mayor Hunter thanked Judy for her service on the Traffic Safety Commission. 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. RESOLUTION NO. 13 -066 PAGE /MILLER MOVED TO ADOPT THE ATTACHED RESOLUTION APPOINTING RAY COSYN TO THE TRAFFIC SAFETY COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. City Clerk Crystal Bothelio administered the Oath of Office to Ray Cosyn. 23 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. Mayor Hunter presented the proclamation to representatives of Saratoga Rotary. SPECIAL PRESENTATIONS None CONSENT CALENDAR 4. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special and Regular City Council Meeting on October 2, 2013. CAPPELLO/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON OCTOBER 2, 2013. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 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 CAPPELLO /PAGE MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 10/1/2013 PERIOD 4 AND 10/8/2013 PERIOD 4. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 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 CAPPELLO /PAGE MOVED REVIEW AND ACCEPT THE TREASURER'S REPORT FOR THE MONTH ENDED AUGUST 31, 2013. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 7. Application ZOA13 -0006; 13777 Fruitvale Avenue; City of Saratoga - Annual Code Update Recommended action: Waive the second reading and adopt the proposed ordinance. ORDINANCE NO. 307 24 CAPPELLO /PAGE MOVED TO WAIVE THE SECOND READING AND ADOPT THE PROPOSED ORDINANCE. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 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. CAPPELLO/PAGE MOVED 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. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 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. Council Member Miller removed this item from the Consent Calendar to comment on it. He noted that Hakone is open to the public. Mayor Hunter invited public comment on the item. No one requested to speak. MILLER/LO MOVED 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. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 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. City Clerk Crystal Bothelio presented staff report. Mayor Hunter invited public comment on the item. 4 25 No one requested to speak. RESOLUTION NO. 13 -067 PAGE /MILLER MOVED TO ADOPT THE RESOLUTION ESTABLISHING GUIDELINES FOR THE LENGTH OF COMMISSION MEETINGS AND DIRECTED STAFF TO AMEND THE GUIDELINES TO APPLY TO THE CITY COUNCIL. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 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." Brian Babock, Administrative Analyst I in the City Manager's Office, presented the staff report and introduced Emily Lou Harris to answers Council questions regarding the Community Event Grant application. Emily Lou Harris addressed Council questions regarding "Arts Splash Open House and Student Arts Festival." Mayor Hunter invited public comment on the item. No one requested to speak. PAGE /MILLER MOVED TO ALLOCATE THE REMAINING $747 IN THE FISCAL YEAR COMMUNITY EVENT GRANT PROGRAM AND $2,253 FROM THE COUNCIL DISCRETIONARY FUND FOR A TOTAL OF $3,000 TO MONTALVO ARTS FOR THE "ARTS SPLASH OPEN HOUSE AND STUDENT ARTS FESTIVAL." MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 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. Cynthia McCormick, Planner in the Community Development Department, presented the staff report. Mayor Hunter invited public comment on the item. The following person spoke: Lisa Yee - Ouchida No one else requested to speak. 5 26 RESOLUTION NO. 13 -068 MILLER/LO MOVED TO ADOPT THE ATTACHED RESOLUTION AND DIRECT THE CITY MANAGER TO ENTER INTO A MILLS ACT AGREEMENT FOR THE PROPERTY LOCATED AT 14065 SARATOGA AVENUE. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 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. Christopher Riordan, Senior Planner in the Community Development Department, presented the staff report. Mayor Hunter invited public comment on the item. No one requested to speak. RESOLUTION NO. 13 -069 MILLER/PAGE MOVED TO APPROVE THE ATTACHED RESOLUTION ADOPTING A PLAN AND TIMELINE FOR THE ANNEXATION. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. 14. Commission Meeting Attendance Requirements Recommended action: Provide direction to staff on amendments to the City's Commission meeting attendance requirements. City Clerk Crystal Bothelio presented the staff report. Mayor Hunter invited public comment on the item. The following people spoke: Angel, Prospect High School Student Mary -Lynne Bernald, Planning Commissioner No one else requested to speak. PAGE MOVED TO DIRECT STAFF TO BRING FORWARD AN ORDINANCE AMENDING CITY CODE 2- 12.040(B) TO READ THAT IF A COMMISSIONER MISSES THREE REGULAR MEETINGS, THE CITY COUNCIL WILL CONSIDER REMOVAL OF THE COMMISSIONER. Co 27 There was no second to the motion. CAPPELLO /PAGE MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE FOR COUNCIL CONSIDERATION TO: 1) AMEND COMMISSION ATTENDANCE REQUIREMENTS IN CODE 2- 12.040(B) TO AUTOMATICALLY REMOVE A COMMISSIONER WHO MISSES 3 REGULAR MEETINGS IN A 12 -MONTH PERIOD; AND 2) ALLOWS COMMISSIONERS TO APPEAL REMOVAL TO THE CITY COUNCIL. Council Member Miller requested an amendment to the motion that would also add language to City Code 2- 12- 040(b) that makes it clear that serving on a Commission should be a high priority and Commissioners should make a reasonable effort to attend all regular meetings. Council Member Cappello and Page accepted the amendment. CAPPELLO /PAGE MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE FOR COUNCIL CONSIDERATION TO: 1) AMEND COMMISSION ATTENDANCE REQUIREMENTS IN CODE 2- 12.040(B) TO AUTOMATICALLY REMOVE A COMMISSIONER WHO MISSES 3 REGULAR MEETINGS IN A 12 -MONTH PERIOD; 2) ALLOWS COMMISSIONERS TO APPEAL REMOVAL TO THE CITY COUNCIL; AND 3) STATES THAT SERVING ON A COMMISSION SHOULD BE A HIGH PRIORITY AND COMMISSIONERS SHOULD MAKE A REASONABLE EFFORT TO ATTEND ALL MEETINGS. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter City School Ad Hoc — Mayor Hunter said that representatives of the Campbell Union High School District requested a meeting with her and City Manager Dave Anderson on October 18, but she would be unable to attend. She asked if Council Member Miller could attend. KSAR Community Access TV Board — Mayor Hunter said she attended the last Board meeting, but had no additional information to share after the Joint Meeting. Saratoga Chamber of Commerce — Mayor Hunter stated that she attended the Chamber of Commerce meeting on behalf of Council Member Cappello. During the meeting, City staff provided information about the Blaney Plaza renovations. Mayor Hunter also shared that she has been working with the Chamber on the Annual Tree Lighting and Wine Stroll event. Vice Mayor Emily Lo Library Joint Powers Authority — the County is currently conducting a recruitment to find a new Saratoga Community Librarian. Applications for the position are due November 12 and input from the Saratoga Library Commission will be sought. Council Member Howard Miller Council Finance Committee — there is a Finance Committee meeting on October 18, 2013. 7 W Valley Transportation Authority PAC— The VTA experiments with express bus lines have produced very positive results. Additionally, staff presented a report on converting the fleet to natural gas at the most recent meeting. West Valley Solid Waste Management Joint Powers Authority — the next meeting is October 23, 2013 and the Board will be reviewing the new agreement with West Valley Collection and recycling. Council Member Manny Cappello Chamber of Commerce — due to his teaching schedule, Council Member Cappello he has been unable to attend Chamber meetings. He said that Mayor Hunter would be attending those meetings on his behalf. Destination Saratoga Liaison — there have been several stories on Saratoga as a result of Destination Saratoga efforts, including pieces in Sunset Magazine and the San Jose Mercury News. There are also several new members, including La Fondue and Montalvo Arts Center. The group is also working on plans for the spring dining event that will be held on Big Basin Way. SASCC — the next meeting is on October 22, 2013. Council Member Chuck Page Santa Clara County Cities Association — the Annual Holiday dinner is on December 5 at the Mozart Car Museum in Mountain View. The group also made an appointment to the Santa Clara County Emergency Operational Area Council. Additionally, during the last meeting, the relationship between the Silicon Valley Chamber of Commerce, Silicon Valley Leadership Group, and Joint Venture Silicon Valley was discussed. Sister City Liaison — during the last meeting, the group had a strategic planning session. It was attended by both Board Members and others involved with the Sister City group. The Board is also planning for the open house event in March 2014. CITY COUNCIL ITEMS None CITY MANAGER'S REPORT City Manager Dave Anderson congratulated Council Member Page on his election as President of the League of California Cities Peninsula Division. ADJOURNMENT PAGE /CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:23 P.M. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. Minutes respectfully submitted: Crystal Bothelio, City Clerk N. 29 SARATOGA CITY COUNCIL MEETING DATE: November 6, 2013 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Gina Scott DEPT. DIRECTOR: Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 10/15/2013 Period 4 10/24/2013 Period 4 10/29/2013 Period 4 REPORT SUMMARY: 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 10/15/13 124019 124049 31 97,495.66 10/15/13 10/8/13 124018 Accounts Payable 10/24/13 1 124050 1 124117 68 1 530,672.85 10/24/13 10/15/13 124049 Accounts Payable 10/29/13 124118 124173 56 138,958.57 10/29/13 1 10/24/13 1 124117 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Fund Dept. Purpose Amount 10/15/13 124039 Shute Mihaly & Weinberger General Legal Attorney Services 33,621.32 10/24/13 124073 Guerra Construction Group CIP Grant Park & Trail PW Joe's Trail 39,499.90 10/24/13 124089 SCC Office of the Sheriff General PS Law Enforcement 352,085.33 10/24/13 124115 West Valley Sanitation General PW Storm Drain Svc 32,512.20 10/29/13 124128 CSG Consultants General Com Dev 113ldg Svcs Consult 24,101.28 10/29/13 124138 Hillside Drilling CIP Parks Project PW I Hakone Gardens 55,551.44 Accounts Payable checks voided during this time period: AP Date Check # Issued to Reason Status Amount 07/09/13 123286 Dan Elliott's Roofmg Never Received Check Reissue check 69.30 07/06/13 123258 Jaya & Pratap Pereira Lost or Destroyed Reissue check 2,050.00 10/24/13 124050 AAA Fire Protection Services Check Damaged Void - Reissued 533.75 30 Cash reductions by fund: Period 4 Period 4 Period 4 Fund # Fund Description 10115113 10/24/13 10/29/13 Total I I I General Fund 62,236.08 420,859.75 73,397.46 556,493.29 231 Village Lighting 502.25 21.89 524.14 232 Azule Lighting - 233 Sarahills Lighting - 241 Arroyo de Saratoga Landscape 297.06 297.06 242 Bonnet Way Landscape 1,239.40 1,239.40 243 Carnelian Glen - 244 Cunningham/Glasgow Landscape 168.57 168.57 245 Fredericksburg Landscape 36.46 36.46 246 Greenbriar Landscape 332.28 332.28 247 Kerwin Ranch Landscape 250.00 250.00 248 Leutar Court Landscape 107.78 107.78 249 Manor Drive Landscape - 251 McCartysville Landscape 370.49 370.49 252 Prides Crossing Landscape 269.38 269.38 253 Saratoga Legends Landscape - 254 Sunland Park Landscape 141.00 141.00 255 Tricia Woods Landscape 48.94 48.94 271 Beauchamps Landscape - 272 Bellgrove Landscape 5,637.09 5,637.09 273 Gateway Landscape 605.92 605.92 274 Horseshoe Landscape /Lighting - 275 Quito Lighting 60.47 60.47 276 Tollgate LLD - 277 Village Commercial Landscape 16.55 16.36 32.91 278 Brookglen L &L - 311 Library GO Bond Debt Service - 411 CIP Street Projects 5,688.36 29,303.55 1,439.87 36,431.78 412 CIP Park & Trail Projects 99.46 9,404.08 55,551.44 65,054.98 413 CIP Facility Projects 4,820.00 11,816.50 16,636.50 414 CIP Admin Projects 492.91 492.91 421 Tree Fund - 431 Grant Fund - CIP Streets 1,787.17 1,787.17 432 Grant Fund - Parks & Trails 39,499.90 39,499.90 433 Grant Fund - Facilities - 434 Grant Fund - Admin Projects - 481 Gas Tax Fund 655.32 655.32 611 Liability/Risk Mgt 332.04 332.04 612 Workers' Comp 375.00 750.00 1,125.00 621 Office Support 1,159.23 1,159.23 622 IT Services 4,355.99 6,139.35 2,027.32 12,522.66 623 Vehicle & Equipment Maint 170.25 2,460.08 720.50 3,350.83 624 Building Maintenance 7,911.55 8,159.56 2,506.08 18,577.19 631 Vehicle & Equipment Replacement 612.08 612.08 632 IT Equipment Replacement 1,202.21 1,072.10 2,274.31 TOTAL 97,495.66 530,672.85 1 138,958.57 767,127.08 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format 31 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/15/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:40:33 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131015 00:00:00.000' ACCOUNTING PERIOD: 4/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 124019 10/15/13 234 11111 124019 10/15/13 234 11111 124019 10/15/13 234 11111 124019 10/15/13 234 11111 124019 10/15/13 234 11111 124019 10/15/13 234 11111 124019 10/15/13 234 11111 124019 10/15/13 234 11111 124019 10/15/13 234 11111 124019 10/15/13 234 TOTAL CHECK 0.00 797.95 11111 124020 10/15/13 659 11111 124021 10/15/13 1171 11111 124021 10/15/13 1171 TOTAL CHECK 0.00 380.00 11111 124022 10/15/13 692 11111 124023 10/15/13 654 11111 124024 10/15/13 247 11111 124025 10/15/13 1051 11111 124026 10/15/13 426 11111 124026 10/15/13 426 11111 124026 10/15/13 426 TOTAL CHECK 11111 124027 10/15/13 455 11111 124028 10/15/13 463 11111 124029 10/15/13 520 11111 124029 10/15/13 520 11111 124029 10/15/13 520 TOTAL CHECK 11111 124030 10/15/13 123 11111 124030 10/15/13 123 11111 124030 10/15/13 123 11111 124030 10/15/13 123 11111 124030 10/15/13 123 11111 124030 10/15/13 123 11111 124030 10/15/13 123 TOTAL CHECK 11111 124031 10/15/13 328 11111 124032 10/15/13 678 VENDOR - - -- --- - - - - -- BUDGET UNIT • T & T 1117102 • T & T 1117102 • T & T 6246202 • T & T 1117102 • T & T 6246202 • T & T 1117102 • T & T 1115301 • T & T 1115301 • T & T 1115301 • T & T 2775302 ADVANTAGE OFFICE SOLUTIO 1113101 ALLY 6315203 ALLY 6315203 CBSC 111 CIVICA SOFTWARE 6223201 DEPARTMENT OF CONSERVATI 1114201 ELSDON, INC. 1118101 FLINT TRADING, INC 4119111 -001 FLINT TRADING, INC 4119111 -001 FLINT TRADING, INC 4119111 -001 GARDENLAND POWER EQUIPME 1115201 GRAINGER 6246202 FUN FUN FUNDAMENTALS 1116101 FUN FUN FUNDAMENTALS 1116101 FUN FUN FUNDAMENTALS 1116101 DESCRIPTION EMERG LN- RECREATION EMERG LN - VM MAILBOX BOOK -GO -ROUND ALARM EMERG LN -CM OFFICE POST MACH -COPY ROOM AM RADIO 1610 SARA LN GATEWAY -IRRIG CONTROL PHONES LINES & PARKS CONGRESS SPRING PARK BIG BASIN WAY BOX PEDESTAL 13 CHEV VOLT END 7302 13 CHEV VOLT END 7314 1ST Q 13/14 CBSC FEES ANNUAL SUPPORT MAINT 1ST Q 13/14 SMIP FEES PROF SVCS 9/13 STREETS SUPPLIES STREETS SUPPLIES STREETS SUPPLIES SMALL TOOLS FACILITIES SUPPLIES INSTRUCTOR - BASKETBALL INSTRUCTOR -MINI SPORT INSTRUCTOR -MINI SPORT KELEX SECURITY 6246202 ANNUAL ALARM INSPECTIO KELEX SECURITY 6246202 ANNUAL ALARM INSPECTIO KELEX SECURITY 6246202 ANNUAL ALARM INSPECTIO KELEX SECURITY 6246202 ANNUAL ALARM INSPECTIO KELEX SECURITY 6246202 ANNUAL ALARM INSPECTIO KELEX SECURITY 6246202 ANNUAL ALARM INSPECTIO KELEX SECURITY 6246202 ANNUAL ALARM INSPECTIO METROPOLITAN PLANNING GR 1114102 PROVIDE ILLUSTRATION F MUNICIPAL CODE CORPORATI 1112201 SUPPLEMENT PAGES 32 SALES TAX AMOUNT 0.00 14.88 0.00 63.43 0.00 31.02 0.00 16.14 0.00 14.88 0.00 16.14 0.00 15.83 0.00 16.66 0.00 32.04 0.00 16.55 0.00 237.57 0.00 135.94 0.00 306.04 0.00 306.04 0.00 612.08 0.00 840.60 0.00 4,110.00 0.00 2,041.98 0.00 500.00 0.00 1,093.93 0.00 1,315.48 0.00 797.95 0.00 3,207.36 0.00 175.97 0.00 572.44 0.00 302.40 0.00 303.80 0.00 303.80 0.00 910.00 0.00 380.00 0.00 633.00 0.00 644.00 0.00 644.00 0.00 330.00 0.00 380.00 0.00 540.00 0.00 3,551.00 0.00 13,735.00 0.00 809.55 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 10/15/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:40:33 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131015 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 124033 10/15/13 135 NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES 0.00 209.00 11111 124034 10/15/13 145 OFFICE DEPOT INC. 1114201 OFFICE SUPPLIES 0.00 253.26 11111 124035 10/15/13 173 PACIFIC GAS & ELECTRIC 1115201 CITY WIDE STREET LGHT 0.00 15.99 11111 124035 10/15/13 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 502.25 TOTAL CHECK 0.00 518.24 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 1115301 MEDIANS /PARKWAYS 0.00 1,250.71 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2455302 FREDERICKSBURG 0.00 36.46 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2465302 GREENBRIAR 0.00 332.28 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2515302 MCCARTYSVILLE 0.00 370.49 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2555302 TRICIA WOODS 22.50 0.00 48.94 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2415302 ARROYO DE SARATOGA 0.00 297.06 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2485302 LEUTAR CT 0.00 107.78 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2425302 BONNET WAY 0.00 1,239.40 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2525302 PRIDES CROSSING 0.00 269.38 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2725302 BELLGROVE 0.00 5,637.09 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2445302 CUNNINGHAM /GLAS 77.5% 0.00 168.57 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2735302 GATEWAY PROJECT 0.00 605.92 11111 124036 10/15/13 87 SAN JOSE WATER COMPANY 2755302 EL QUITO LNDSCP LIGHT 0.00 60.47 TOTAL CHECK 0.00 10,424.55 11111 124037 10/15/13 1104 SARA DEAN 1116101 INSTRUCTOR -U JAM 0.00 279.60 11111 124038 10/15/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 172.50 11111 124038 10/15/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR -DANCE 0.00 102.12 TOTAL CHECK 0.00 274.62 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 4119152 -002 QUITO ROAD BRIDGES 0.00 2,307.00 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 DEFEND CITY 0.00 11,524.21 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 CITY ATTN COM DEV 0.00 2,902.90 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN COUNCIL MTGS 0.00 1,766.10 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN PUB WORKS 0.00 2,212.70 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN CITY CLERK 0.00 7,429.80 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN WESTLAW 0.00 156.85 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN CODE ENFORCE 0.00 791.70 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN HUMAN RES 0.00 243.60 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN REIMB EXP 0.00 23.16 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN REC /RISK MGT 0.00 893.20 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 GEN LGL COM DEV 0.00 405.60 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 GEN LGL CITY CLERK 0.00 410.80 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 GEN LGL CITY MGR 0.00 462.80 11111 124039 10/15/13 154 SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN CITY MGR 0.00 2,090.90 TOTAL CHECK 0.00 33,621.32 11111 124040 10/15/13 160 SIERRA PACIFIC TURF SUPP 1115301 CONGRESS SP FERT 0.00 936.34 11111 124041 10/15/13 236 SOLECTRIC ELECTRICAL 4139314 -002 IT ROOM BREAKER PANEL 0.00 4,820.00 11111 124041 10/15/13 236 SOLECTRIC ELECTRICAL 1115301 INSTALL 2 BOLLARDS 0.00 1,638.00 TOTAL CHECK 0.00 6,458.00 33 2 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 10/15/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:40:33 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131015 00:00:00.000' ACCOUNTING PERIOD: 4/14 FUND - 009 - DISBURSEMENT FUND 198.68 ).00 53.64 ).00 8.16 ).00 CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ----- DESCRIPTION - - -- 11111 124042 10/15/13 253 STEVE BENZING ARCHITECT 6246202 ARCHITECTURAL SRVS 11111 124043 10/15/13 350 TOM'S PLUMBING ).00 6246202 WTR HEATER RPLCMNT 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1112101 CONFERENCE TRAVEL 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1112101 CONFERENCE TRAVEL 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115201 STREETS SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115301 PARKS SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115301 PARKS SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115301 PARKS SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 RECREATION MEETING 11111 124048 10/15/13 391 US BANK PURCHASING CARD 4119111 -001 STREETS SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6235202 MAINTENANCE VEH #98 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6235202 VEHICLE CHARGING 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6235202 VEHICLE CHARGING 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6235202 VEHICLE CHARGING 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6235202 VEHICLE CHARGING 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6235202 CR FOR OVERCHARGE 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 JANITORIAL SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 JANITORIAL SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 JANITORIAL SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1114101 CONVECTION TOASTER 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1114201 CONVECTION TOASTER 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1112101 CONVECTION TOASTER 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1112201 CONFERENCE /TRAINING 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115101 CONVECTION TOASTER 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 FACILITIES SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1113301 CPER POCKET GUIDES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1113301 ORAL BRD RECRUITMENT 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6128501 WELLNESS GIFT CARDS 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6128501 WELLNESS GIFT CARDS 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1113301 CSMFO- RECRUITMENT 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1113101 CSMFO WEBINAR 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6246202 OFFICE SUPPLIES 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115201 POSTAGE 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115201 OFFICE SUPPLIES 34 SALES TAX AMOUNT 0.00 247.50 0.00 1,050.00 ).00 165.60 ).00 198.68 ).00 53.64 ).00 8.16 ).00 19.54 ).00 176.36 ).00 47.12 ).00 174.00 ).00 40.00 ).00 25.00 ).00 71.60 ).00 38.39 ).00 25.00 ).00 -29.74 ).00 71.55 ).00 57.64 ).00 662.96 ).00 314.85 ).00 26.05 ).00 3.58 ).00 8.69 ).00 99.97 ).00 230.36 ).00 28.21 ).00 35.34 ).00 35.34 ).00 35.34 ).00 15.01 ).00 213.02 ).00 695.00 ).00 299.79 ).00 15.97 ).00 35.34 ).00 68.19 ).00 80.40 ).00 336.39 ).00 65.18 ).00 107.83 ).00 41.28 ).00 29.39 ).00 150.00 ).00 225.00 ).00 225.00 ).00 25.00 ).00 73.86 ).00 9.86 ).00 43.34 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 10/15/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:40:33 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131015 00:00:00.000' ACCOUNTING PERIOD: 4/14 35 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6223201 OFFICE SUPPLIES 0.00 42.93 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6323202 2 IPADS WITH CASES 0.00 1,202.21 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1117102 SD MEMORY CARD 0.00 169.44 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6223201 MOZYPRO BACK UPS 0.00 131.95 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1117102 EOC CAMERA 0.00 304.98 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6223201 NETWORK CABLES 0.00 35.71 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1117102 EOC CAMERA BATTERY 0.00 22.94 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1117102 EOC 10 TELEPHONES 0.00 120.70 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1117102 EOC SD MEMORY CARD -2 0.00 28.16 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6223201 6 IPAD STANDS 0.00 35.40 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 PROMOTIONAL LANYARDS 0.00 565.00 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 FREE STAND MIRRORS 0.00 1,285.59 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 PLUG & PLAY 0.00 18.22 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 PLUG & PLAY 0.00 15.00 11111 124048 10/15/13 391 US BANK PURCHASING CARD 6118401 CAJPA CONF LODGING 0.00 332.04 11111 124048 10/15/13 391 US BANK PURCHASING CARD 4129281 -002 HISTORICAL BOOK 0.00 25.00 11111 124048 10/15/13 391 US BANK PURCHASING CARD 4129281 -002 HISTORICAL BOOK 0.00 25.50 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1118302 RIBBON CUT - FRUITVALE 0.00 16.57 11111 124048 10/15/13 391 US BANK PURCHASING CARD 4129281 -002 QUARRY WORKSHOP 0.00 48.96 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111201 TRAFFIC SAFETY MTG 0.00 24.50 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111201 OFFICE SUPPLIES 0.00 144.04 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 OFFICE SUPPLIES 0.00 18.53 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 CPRS MEMBER - FINDLEY 0.00 170.00 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 ADVERTISING 0.00 85.00 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 OFFICE SUPPLIES 0.00 58.16 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115101 POSTAGE 0.00 15.31 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111201 YOUTH COM TRAINING 0.00 49.49 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 OFFICE SUPPLIES 0.00 10.10 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1116101 EXCURSION SNACKS 0.00 39.86 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1112101 MMANC CONFERENCE 0.00 300.00 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115301 DOGIPOT DISPENSERS 0.00 99.35 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115301 DOGIPOT DISPENSERS 0.00 402.00 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115301 PARKS SUPPLIES 0.00 59.58 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115301 PARKS SUPPLIES 0.00 34.02 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1115301 CA DEPT PEST REG NICK 0.00 50.00 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1114201 BADGE 0.00 10.00 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 0.00 12.24 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 0.00 40.00 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 0.00 38.06 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 0.00 220.87 11111 124048 10/15/13 391 US BANK PURCHASING CARD 1111101 COUNCIL MEETING 0.00 18.25 TOTAL CHECK 0.00 11,703.74 11111 124049 10/15/13 430 WEST VALLEY MISSION COLL 1113301 LIVE SCAN 6/13 -9/13 0.00 80.00 TOTAL CASH ACCOUNT 0.00 97,495.66 TOTAL FUND 0.00 97,495.66 TOTAL REPORT 0.00 97,495.66 35 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/24/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:11:51 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131024 00:00:00.000' ACCOUNTING PERIOD: 4/14 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT AAA FIRE PROTECTION SERV 6246202 AAA FIRE PROTECTION SERV 6246202 ABAG POWER PURCHASING PO 6246202 ADVANCED LISTING SERVICE 4119152 -002 ADVANCED LISTING SERVICE 4319152 -002 ANDERSON BRULE ARCHITECT 4139322 -007 ARROWHEAD MOUNTAIN SPRIN 6246202 BKF ENGINEERS 4119122 -001 BKF ENGINEERS 4319122 -001 ----- DESCRIPTION - - - -- FIRE ALARM INSPECTION FIRE ALARM INSPECTION GAS SERVICES QUITO BRIDGE PROJECT QUITO BRIDGE PROJECT CIVIC THEATER MASTER P DRINKING WATER SVC PROF SVCS THRU 8/18 PROF SVCS THRU 8/18 BRETSCHNEIDER, DEBBIE 1112101 MILEAGE TRAINING, MTG BROOKSIDE CLUB OF SARATO 1114101 REFUND DEP TRP13 -0269 CIM AIR, INC 6246202 HVAC REPAIRS CIM AIR, INC 6246202 HVAC REPAIRS CITY OF CUPERTINO 1111101 COAST OIL COMPANY LLC 6235202 COMCAST 6223201 CONTRACT SWEEPING SERVIC 1115103 DAN ELLIOTT ROOFING 4119111 -001 DARRYL SIMON 1114201 DEEP CLIFF GOLF COURSE 1116101 DEPARTMENT OF JUSTICE 1113301 DU -ALL SAFETY, LLC 6128501 DURAN & VENABLES, INC. 4119111 -001 FARZIN & MELODY RASTEH 111 GACHINA LANDSCAPE MANAGE 4119111 -001 GRAINGER 6246202 36 SB629 TX EQUITY ALLOC UNLEADED FUEL MTHLY SVC 10/20 -11/19 SEPT CITY STRT SWEEP RPLC CHK #123286 REF BLD PERMIT FEE INSTRUCTOR -GOLF SEPT FINGERPRINT SVC SAFETY CONSULTATION 3 OAKS WY SPEED BUMP ARB11 -0031 OCT MAIN ALOHA WALL FACILITIES SUPPLIES SALES TAX FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 124050 10/24/13 17 11111 124050 10/24/13 17 TOTAL CHECK 4,271.56 0.00 11111 124051 10/24/13 546 11111 124052 10/24/13 66 11111 124052 10/24/13 66 TOTAL CHECK 1,491.63 0.00 11111 124053 10/24/13 1160 11111 124054 10/24/13 197 11111 124055 10/24/13 641 11111 124055 10/24/13 641 TOTAL CHECK 750.00 0.00 11111 124056 10/24/13 553 11111 124057 10/24/13 500 11111 124058 10/24/13 179 11111 124058 10/24/13 179 TOTAL CHECK 11111 124059 10/24/13 193 11111 124060 10/24/13 229 11111 124061 10/24/13 494 11111 124062 10/24/13 1023 11111 124063 10/24/13 500 11111 124064 10/24/13 500 11111 124065 10/24/13 211 11111 124066 10/24/13 552 11111 124067 10/24/13 341 11111 124068 10/24/13 355 11111 124069 10/24/13 500 11111 124070 10/24/13 454 11111 124071 10/24/13 463 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT AAA FIRE PROTECTION SERV 6246202 AAA FIRE PROTECTION SERV 6246202 ABAG POWER PURCHASING PO 6246202 ADVANCED LISTING SERVICE 4119152 -002 ADVANCED LISTING SERVICE 4319152 -002 ANDERSON BRULE ARCHITECT 4139322 -007 ARROWHEAD MOUNTAIN SPRIN 6246202 BKF ENGINEERS 4119122 -001 BKF ENGINEERS 4319122 -001 ----- DESCRIPTION - - - -- FIRE ALARM INSPECTION FIRE ALARM INSPECTION GAS SERVICES QUITO BRIDGE PROJECT QUITO BRIDGE PROJECT CIVIC THEATER MASTER P DRINKING WATER SVC PROF SVCS THRU 8/18 PROF SVCS THRU 8/18 BRETSCHNEIDER, DEBBIE 1112101 MILEAGE TRAINING, MTG BROOKSIDE CLUB OF SARATO 1114101 REFUND DEP TRP13 -0269 CIM AIR, INC 6246202 HVAC REPAIRS CIM AIR, INC 6246202 HVAC REPAIRS CITY OF CUPERTINO 1111101 COAST OIL COMPANY LLC 6235202 COMCAST 6223201 CONTRACT SWEEPING SERVIC 1115103 DAN ELLIOTT ROOFING 4119111 -001 DARRYL SIMON 1114201 DEEP CLIFF GOLF COURSE 1116101 DEPARTMENT OF JUSTICE 1113301 DU -ALL SAFETY, LLC 6128501 DURAN & VENABLES, INC. 4119111 -001 FARZIN & MELODY RASTEH 111 GACHINA LANDSCAPE MANAGE 4119111 -001 GRAINGER 6246202 36 SB629 TX EQUITY ALLOC UNLEADED FUEL MTHLY SVC 10/20 -11/19 SEPT CITY STRT SWEEP RPLC CHK #123286 REF BLD PERMIT FEE INSTRUCTOR -GOLF SEPT FINGERPRINT SVC SAFETY CONSULTATION 3 OAKS WY SPEED BUMP ARB11 -0031 OCT MAIN ALOHA WALL FACILITIES SUPPLIES SALES TAX AMOUNT 0.00 192.41 0.00 341.34 0.00 533.75 0.00 1,000.00 0.00 165.00 0.00 660.00 0.00 825.00 0.00 4,271.56 0.00 114.15 0.00 146.04 0.00 1,127.17 0.00 1,273.21 0.00 91.64 0.00 125.00 0.00 480.00 0.00 1,491.63 0.00 1,971.63 0.00 1,830.00 0.00 2,123.55 0.00 90.71 0.00 13,239.50 0.00 69.30 0.00 253.00 0.00 326.40 0.00 32.00 0.00 750.00 0.00 14,201.00 0.00 1,900.00 0.00 390.00 0.00 133.57 SUNGARD PUBLIC SECTOR DATE: 10/24/2013 CITY OF SARATOGA TIME: 12:11:51 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131024 00:00:00.000' ACCOUNTING PERIOD: 4/14 PAGE NUMBER: 2 ACCTPA21 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 124072 10/24/13 470 GREGORIAN, AGNES 1116101 INSTRUCTOR -DANCE 0.00 259.00 11111 124072 10/24/13 470 GREGORIAN, AGNES 1116101 INSTRUCTOR -DANCE 0.00 185.00 11111 124072 10/24/13 470 GREGORIAN, AGNES 1116101 INSTRUCTOR -DANCE 0.00 408.00 TOTAL CHECK 0.00 852.00 11111 124073 10/24/13 671 GUERRA CONSTRUCTION GROU 4329274 -001 ROUNDING 0.00 -0.01 11111 124073 10/24/13 671 GUERRA CONSTRUCTION GROU 4329274 -001 JOE'S TRAIL WORK 0.00 41,578.85 11111 124073 10/24/13 671 GUERRA CONSTRUCTION GROU 432 RETENTION HELD PO #20 0.00 - 2,078.94 TOTAL CHECK 0.00 39,499.90 11111 124074 10/24/13 491 HUMAN BEHAVIOR ASSOCIATE 1113301 EAP 9/13 0.00 380.00 11111 124075 10/24/13 24 ICE CENTER OF CUPERTINO 1116101 INSTRUCTOR -ICE SKATE 0.00 108.00 11111 124075 10/24/13 24 ICE CENTER OF CUPERTINO 1116101 INSTRUCTOR -ICE SKATE 0.00 108.00 TOTAL CHECK 0.00 216.00 11111 124076 10/24/13 63 INTERSTATE TRAFFIC CONTR 4119111 -001 STREETS SUPPLIES 0.00 660.11 11111 124076 10/24/13 63 INTERSTATE TRAFFIC CONTR 6235202 SMALL TOOLS 0.00 265.35 TOTAL CHECK 0.00 925.46 11111 124077 10/24/13 500 JAYA & PRATAP PEREIRA 111 REPLACE CHECK #123358 0.00 2,050.00 11111 124078 10/24/13 500 JONES LESLIE G TRUSTEE 1114201 REFUND BLD LIC FEE 0.00 1.50 11111 124078 10/24/13 500 JONES LESLIE G TRUSTEE 1114201 REFUND BLD LIC FEE 0.00 78.00 11111 124078 10/24/13 500 JONES LESLIE G TRUSTEE 1118101 REFUND BLD LIC FEE 0.00 11.70 TOTAL CHECK 0.00 91.20 11111 124079 10/24/13 500 JUN ZHAO 1114101 REFUND DEP TRP13 -0303 0.00 125.00 11111 124080 10/24/13 123 KELEX SECURITY 6246202 ALARM REPAIRS 0.00 220.00 11111 124081 10/24/13 929 KOPPEL & GRUBER PUBLIC F 1115101 LL ADMIN SVC 7/1 -9/30 0.00 1,888.70 11111 124082 10/24/13 944 LEAGUE OF CA CITIES -PENI 1111101 TRAINING MEETING 0.00 80.00 11111 124082 10/24/13 944 LEAGUE OF CA CITIES -PENI 1112101 TRAINING MEETING 0.00 80.00 TOTAL CHECK 0.00 160.00 11111 124083 10/24/13 500 MARJORY BUNYARD 111 REFUND FACILITY 0.00 300.00 11111 124084 10/24/13 500 MARY JANE GOMEZ 1114101 REFUND DEP TRP13 -0294 0.00 125.00 11111 124085 10/24/13 1164 MOUSER LAW FIRM 1113301 EMPLOYMENT /LABOR LAW S 0.00 1,482.00 11111 124085 10/24/13 1164 MOUSER LAW FIRM 1113301 EMPLOYMENT /LABOR LAW S 0.00 572.00 TOTAL CHECK 0.00 2,054.00 11111 124086 10/24/13 500 NAOMI SHIBATA ill REFUND FACILITY 0.00 500.00 11111 124087 10/24/13 115 NCCCA 1112201 CITY CLERK TRAINING 0.00 80.00 11111 124088 10/24/13 135 NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES 0.00 228.00 11111 124089 10/24/13 1 OFF OF SHERIFF - FISCAL SV 1117101 LAW ENFORCEMENT 10/13 0.00 352,085.33 37 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 10/24/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:11:51 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131024 00:00:00.000' ACCOUNTING PERIOD: 4/14 3 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 124090 10/24/13 145 OFFICE DEPOT INC. 1118101 OFFICE SUPPLIES 0.00 77.22 11111 124091 10/24/13 60 ONTRAC 1115101 DELIVERY CHARGES 0.00 8.94 11111 124091 10/24/13 60 ONTRAC 1112201 DELIVERY CHARGES 0.00 19.78 TOTAL CHECK 0.00 28.72 11111 124092 10/24/13 500 PARESH KAPADIA 1114101 REFUND DEP TRP13 -0302 0.00 125.00 11111 124093 10/24/13 890 PEELLE TECHNOLOGIES, INC 1114101 LASERFISCHE 0.00 459.24 11111 124093 10/24/13 890 PEELLE TECHNOLOGIES, INC 4149412 -003 LASERFICHE SVCS -CITY 0.00 492.91 TOTAL CHECK 0.00 952.15 11111 124094 10/24/13 637 PG &E CFM /PPC DEPARTMENT 4119121 -001 MATERIALS & LABOR PGE 0.00 3,939.45 11111 124095 10/24/13 326 PONY EXPRESS TACK 1114201 SHIRTS - BUILDING 0.00 122.55 11111 124096 10/24/13 652 PTM DOCUMENT SYSTEMS 1113101 YEAR END FORMS 2013 0.00 38.98 11111 124097 10/24/13 393 REED & GRAHAM, INC 4119111 -001 STREETS SUPPLIES 0.00 174.21 11111 124097 10/24/13 393 REED & GRAHAM, INC 4119111 -001 STREETS SUPPLIES 0.00 135.31 TOTAL CHECK 0.00 309.52 11111 124098 10/24/13 500 RITA AND COLIN FAN 111 ARB08 -0064 0.00 600.00 11111 124098 10/24/13 500 RITA AND COLIN FAN 111 GE008 -0017 0.00 927.87 TOTAL CHECK 0.00 1,527.87 11111 124099 10/24/13 500 ROUCHEN XU 111 ARB11 -0023 0.00 1,660.00 11111 124100 10/24/13 87 SAN JOSE WATER COMPANY 1115301 PARKS /OPEN SPACE 0.00 319.95 11111 124101 10/24/13 98 SARATOGA CHAMBER OF COMM 1118301 Q PYMNT 7/1- 9/30/13 0.00 3,189.00 11111 124102 10/24/13 729 TERESA PHILLIPS 1116101 INSTRUCTOR -DANCE 0.00 69.00 11111 124103 10/24/13 136 SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE VEH #114 0.00 69.19 11111 124104 10/24/13 236 SOLECTRIC ELECTRICAL 4139314 -002 IT ROOM BREAKER PANEL 0.00 2,962.00 11111 124105 10/24/13 587 STATE BOARD OF EQUALIZAT 6235202 FUEL TAX 7/1- 10/31/13 0.00 1.99 11111 124106 10/24/13 256 STEVENS CREEK QUARRY INC 4119111 -001 STREETS SUPPLIES 0.00 261.13 11111 124107 10/24/13 266 SUNGARD PUBLIC SECTOR IN 6223201 NOV ASP SERVICE 0.00 5,390.00 11111 124107 10/24/13 266 SUNGARD PUBLIC SECTOR IN 6223201 HTE ASP NOV SUPPORT 0.00 409.00 TOTAL CHECK 0.00 5,799.00 11111 124108 10/24/13 313 THE MERCURY NEWS 1112201 LL 4961403 0.00 972.50 11111 124109 10/24/13 1143 THE PLANNING CENTER 4129281 -002 QUARRY PARK MASTER PLA 0.00 9,404.08 11111 124110 10/24/13 389 U SAVE ROCKERY 1115301 PARKS SUPPLIES 0.00 280.58 38 3 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 10/24/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:11:51 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131024 00:00:00.000' ACCOUNTING PERIOD: 4/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 124110 10/24/13 389 TOTAL CHECK VERIZON WIRELESS 11111 124111 10/24/13 395 11111 124111 10/24/13 395 11111 124111 10/24/13 395 11111 124111 10/24/13 395 11111 124111 10/24/13 395 11111 124111 10/24/13 395 11111 124111 10/24/13 395 11111 124111 10/24/13 395 11111 124111 10/24/13 395 11111 124111 10/24/13 395 TOTAL CHECK 11111 124112 10/24/13 402 11111 124112 10/24/13 402 11111 124112 10/24/13 402 11111 124112 10/24/13 402 11111 124112 10/24/13 402 TOTAL CHECK 11111 124113 10/24/13 801 11111 124114 10/24/13 435 11111 124115 10/24/13 613 11111 124116 10/24/13 1105 11111 124117 10/24/13 696 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ----- DESCRIPTION - - - -- U SAVE ROCKERY 1115301 PARKS SUPPLIES VERIZON WIRELESS 1112101 CITY MANAGER VERIZON WIRELESS 1112201 CITY CLERK VERIZON WIRELESS 1113101 FINANCE VERIZON WIRELESS 6223201 I.T. VERIZON WIRELESS 1114201 BUILDING & INSPECTION VERIZON WIRELESS 1114101 DEVELOPMENT SERVICES VERIZON WIRELESS 1115201 STREETS VERIZON WIRELESS 1115301 PARKS VERIZON WIRELESS 1115101 GENERAL ENGINEERING VERIZON WIRELESS 6246202 BUILDING MAINTENANCE VISTA LANDSCAPE & MAINTE 4119141 -001 VISTA LANDSCAPE & MAINTE 4119111 -001 VISTA LANDSCAPE & MAINTE 4119111 -001 VISTA LANDSCAPE & MAINTE 4119111 -001 VISTA LANDSCAPE & MAINTE 4119111 -001 VMI INC 4139322 -008 WEST VALLEY SANITATION D 6246202 WEST VALLEY SANITATION D 1115103 YOGI RELEASE, LLC 1116101 ZAG TECHNICAL SERVICES, 6223201 39 RPR TRIP HAZ- THEATER PARKING LOT REPAIR SHOULDER WRK- PIERCE WOOD FENCE -DEER TRAIL SHOULDER WORK -HWY 9 THEATER PROJECTOR SYS SEWER SVC FY 2013/14 NPS SVC 7/1- 9/30/13 INSTRUCTOR -YOGA IT SUPPORT SERVICES SALES TAX AMOUNT 0.00 280.58 0.00 561.16 0.00 0.22 0.00 3.26 0.00 51.76 0.00 59.64 0.00 36.94 0.00 36.94 0.00 117.67 0.00 131.08 0.00 36.72 0.00 73.44 0.00 547.67 0.00 2,495.00 0.00 1,372.00 0.00 2,485.00 0.00 1,050.00 0.00 1,760.00 0.00 9,162.00 0.00 4,582.94 0.00 3,885.02 0.00 32,512.20 0.00 77.00 0.00 190.00 0.00 530,672.85 0.00 530,672.85 0.00 530,672.85 SUNGARD PUBLIC SECTOR DATE: 10/29/2013 CITY OF SARATOGA TIME: 11:02:57 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131029 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 124118 10/29/13 234 A T & T 6246202 SUPERTRUNK 0.00 432.54 11111 124118 10/29/13 234 A T & T 6246202 PROSPECT RD -ALARM 0.00 31.00 11111 124118 10/29/13 234 A T & T 1115301 EL QUITO IRRIG MODEM 0.00 16.14 11111 124118 10/29/13 234 A T & T 1115301 TITUS /PROSPECT MED 0.00 16.36 11111 124118 10/29/13 234 A T & T 1115301 HISTORICAL PARK 0.00 16.36 11111 124118 10/29/13 234 A T & T 2775302 BIG BASIN WAY 0.00 16.36 TOTAL CHECK 0.00 528.76 11111 124119 10/29/13 17 AAA FIRE PROTECTION SERV 6246202 FIRE ALARM INSPECTION 0.00 341.34 11111 124119 10/29/13 17 AAA FIRE PROTECTION SERV 6246202 FIRE ALARM INSPECTION 0.00 192.41 TOTAL CHECK 0.00 533.75 11111 124120 10/29/13 369 BORTZ, SHERI L 1116101 INSTRUCTOR -YOGA 0.00 325.50 11111 124120 10/29/13 369 BORTZ, SHERI L 1116101 INSTRUCTOR -YOGA 0.00 558.00 11111 124120 10/29/13 369 BORTZ, SHERI L 1116101 INSTRUCTOR -YOGA 0.00 279.00 TOTAL CHECK 0.00 1,162.50 11111 124121 10/29/13 90 CALSENSE 1115301 FLOW METER 0.00 1,968.64 11111 124122 10/29/13 130 CDW GOVERNMENT 6323202 UPS BATTERIES 0.00 1,072.10 11111 124122 10/29/13 130 CDW GOVERNMENT 1116101 OFFICE SUPPLIES 0.00 108.75 11111 124122 10/29/13 130 CDW GOVERNMENT 6223201 IT SUPPLIES 0.00 91.73 TOTAL CHECK 0.00 1,272.58 11111 124123 10/29/13 1174 CHARGEPOINT, INC. 6223201 CHARGING STATIONS 0.00 1,720.00 11111 124124 10/29/13 235 COMCAST 6223201 MTHLY SVC 10/26 -11/25 0.00 115.76 11111 124125 10/29/13 991 COMCAST 6223201 MTHLY SVC 10/19 -11 /18 0.00 34.74 11111 124126 10/29/13 250 COTTON SHIRES AND ASSOCI 111 GE013 -0009 (55123) 0.00 2,895.89 11111 124126 10/29/13 250 COTTON SHIRES AND ASSOCI 111 GE013 -0010 (S5133) 0.00 1,495.98 11111 124126 10/29/13 250 COTTON SHIRES AND ASSOCI 111 GE010 -0013 (S5140) 0.00 475.98 11111 124126 10/29/13 250 COTTON SHIRES AND ASSOCI 111 GE013 -0008 (S5113) 0.00 2,465.65 TOTAL CHECK 0.00 7,333.50 11111 124127 10/29/13 589 CPO LTD 6213102 MTHLY SVC 9/22 -10/21 0.00 1,159.23 11111 124128 10/29/13 1060 CSG CONSULTANTS INC. 111 BLDG SRVCS THRU 9/30 0.00 24,101.28 11111 124129 10/29/13 260 DEPARTMENT OF PESTICIDE 1115301 PESTICIDE LIC MARSHAL 0.00 60.00 11111 124130 10/29/13 573 STATE OF CALIFORNIA 1115201 SIG LIGHTS 7/1 -9/30 0.00 1,050.09 11111 124131 10/29/13 390 ELECTRICAL DISTRIBUTORS 6246202 FACILITIES SUPPLIES 0.00 1,100.67 11111 124131 10/29/13 390 ELECTRICAL DISTRIBUTORS 6246202 DISCOUNT TAKEN 0.00 -15.70 TOTAL CHECK 0.00 1,084.97 11111 124132 10/29/13 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR - GYMNASTICS 0.00 501.90 11111 124132 10/29/13 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR - GYMNASTICS 0.00 83.65 11111 124132 10/29/13 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR - GYMNASTICS 0.00 613.90 11111 124132 10/29/13 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR - GYMNASTICS 0.00 195.30 40 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 10/29/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:02:57 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131029 00:00:00.000' ACCOUNTING PERIOD: 4/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 124132 10/29/13 651 11111 124132 10/29/13 651 TOTAL CHECK 0.00 83.39 11111 124133 10/29/13 419 11111 124134 10/29/13 426 11111 124135 10/29/13 454 11111 124135 10/29/13 454 11111 124135 10/29/13 454 TOTAL CHECK 0.00 55,551.44 11111 124136 10/29/13 1176 11111 124137 10/29/13 500 11111 124138 10/29/13 1148 11111 124138 10/29/13 1148 11111 124138 10/29/13 1148 11111 124138 10/29/13 1148 11111 124138 10/29/13 1148 TOTAL CHECK 0.00 479.60 11111 124139 10/29/13 14 11111 124139 10/29/13 14 TOTAL CHECK 11111 124140 10/29/13 326 11111 124141 10/29/13 1175 11111 124142 10/29/13 1172 11111 124142 10/29/13 1172 11111 124142 10/29/13 1172 11111 124142 10/29/13 1172 TOTAL CHECK 11111 124143 10/29/13 100 11111 124144 10/29/13 944 11111 124145 10/29/13 40 11111 124146 10/29/13 678 11111 124147 10/29/13 79 11111 124148 10/29/13 89 11111 124149 10/29/13 500 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 EVENT SERVICES 1115301 FLINT TRADING, INC 4119111 -001 GACHINA LANDSCAPE MANAGE 2475302 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GIRL SCOUTS OF NORTHERN 1116101 HENRY AND CYNTHIA STANSB 111 HILLSIDE DRILLING, INC. 412 HILLSIDE DRILLING, INC. 4129222 -002 HILLSIDE DRILLING, INC. 412 HILLSIDE DRILLING, INC. 4129222 -002 HILLSIDE DRILLING, INC. 4129222 -002 HYDROTEC IRRIGATION EQUI 1115301 HYDROTEC IRRIGATION EQUI 2545302 JANIS JEFFERS /PONY EXPRE 1115201 JM CONSTRUCTION 1115301 KIDZ LOVE SOCCER 1116101 KIDZ LOVE SOCCER 1116101 KIDZ LOVE SOCCER 1116101 KIDZ LOVE SOCCER 1116101 KSAR 1118301 LEAGUE OF CA CITIES -PENI 1111101 MONTEZ SUPPLY CO. 1115201 MUNICIPAL CODE CORPORATI 1112201 MUNISERVICES LLC 1113101 RENEE RAMSEY /MY FIRST AR 1116101 NATALIA WEINSTEIN 1116201 41 ----- DESCRIPTION - - - -- INSTRUCTOR- GYMNASTICS INSTRUCTOR- GYMNASTICS PROSPECT PORTA POTTY STREETS SUPPLIES MULCH @ KERWIN MULCH @ FRUITVALE MULCH @ FRUITVALE MED INSTRUCTOR - MOVIES ARB12 -0004 RETENTION HELD PO #175 HAKONE GARDENS DRIVEWA RETENTION HELD 20#175 HAKONE GARDENS DRIVEWA HAKONE GARDENS DRIVEWA IRRIGATION FRUITVALE DRAINLINE @ SUNLAND SHIRTS - PUBLIC WORKS SECURE ENTRY DOOR INSTRUCTOR - SOCCER INSTRUCTOR - SOCCER INSTRUCTOR - SOCCER INSTRUCTOR - SOCCER 4 BROADCASTS DIVISION MEETING -PAGE SMALL TOOLS CODE INTERNET SVC SALES TX 2ND Q 2013 INSTRUCTOR -ART RENTAL REFUND SALES TAX AMOUNT 0.00 592.55 0.00 526.75 0.00 2,514.05 0.00 304.50 0.00 83.39 0.00 250.00 0.00 750.00 0.00 1,200.00 0.00 2,200.00 0.00 105.00 0.00 1,960.00 0.00 - 1,420.16 0.00 28,403.20 0.00 - 1,503.60 0.00 16,815.96 0.00 13,256.04 0.00 55,551.44 0.00 254.30 0.00 141.00 0.00 395.30 0.00 520.79 0.00 310.00 0.00 224.00 0.00 280.00 0.00 280.00 0.00 280.00 0.00 1,064.00 0.00 2,600.00 0.00 15.00 0.00 70.00 0.00 650.00 0.00 500.00 0.00 479.60 0.00 75.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 10/29/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:02:57 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131029 00:00:00.000' ACCOUNTING PERIOD: 4/14 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT NI GOVERNMENT SERVICES, 1117102 NICK AND ELLEN HARRIS 111 NORTH BAY BLDG MAINTENAN 6246202 OFFICE FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 124150 10/29/13 1062 11111 124151 10/29/13 500 11111 124152 10/29/13 135 11111 124153 10/29/13 145 11111 124153 10/29/13 145 11111 124153 10/29/13 145 11111 124153 10/29/13 145 11111 124153 10/29/13 145 11111 124153 10/29/13 145 TOTAL CHECK 470.00 0.00 11111 124154 10/29/13 156 11111 124155 10/29/13 610 11111 124156 10/29/13 173 11111 124156 10/29/13 173 11111 124156 10/29/13 173 11111 124156 10/29/13 173 TOTAL CHECK 11111 124157 10/29/13 735 11111 124158 10/29/13 1092 11111 124158 10/29/13 1092 11111 124158 10/29/13 1092 TOTAL CHECK 11111 124159 10/29/13 982 11111 124160 10/29/13 1173 11111 124161 10/29/13 500 11111 124162 10/29/13 500 11111 124163 10/29/13 500 11111 124164 10/29/13 147 11111 124164 10/29/13 147 TOTAL CHECK 11111 124165 10/29/13 149 11111 124166 10/29/13 160 11111 124167 10/29/13 162 11111 124167 10/29/13 162 11111 124167 10/29/13 162 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT NI GOVERNMENT SERVICES, 1117102 NICK AND ELLEN HARRIS 111 NORTH BAY BLDG MAINTENAN 6246202 OFFICE DEPOT INC. 1113301 OFFICE DEPOT INC. 1113101 OFFICE DEPOT INC. 1113301 OFFICE DEPOT INC. 6223201 OFFICE DEPOT INC. 1114201 OFFICE DEPOT INC. 1114101 OKIN,YELENA 1116101 PACIFIC DISPLAY, INC 4119111 -001 PACIFIC GAS & ELECTRIC 6235202 PACIFIC GAS & ELECTRIC 6246202 PACIFIC GAS & ELECTRIC 2315302 PACIFIC GAS & ELECTRIC 1115201 ----- DESCRIPTION - -- AIR TIME 9/13 ARB11 -0009 JANITORIAL SERVICES OFFICE SUPPLIES OFFICE SUPPLIES SRVC AWARD PLAQUES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES INSTRUCTOR - BEADING VILLAGE PED LIGHTING NATURAL GAS VEHICLE BUILDINGS VILLAGE LIGHTING MONTE VISTA DRIVE PAGE, CHUCK 1111101 TRAVEL FOR CONFERENCE PALACE ART & OFFICE SUPP 1113301 OFFICE SUPPLIES PALACE ART & OFFICE SUPP 1113101 OFFICE SUPPLIES PALACE ART & OFFICE SUPP 1113301 OFFICE SUPPLIES POWERPLAN 6235202 EQUIPMENT MAINTENANCE ROSS MCDONALD CO., INC. 1118101 SUPPLIES SAN JOSE WATER 111 ARB09 -0038 SAN JOSE WATER COMPANY 111 ARB10 -0045 SARAH & TADASHI OKUNO 111 ARB09 -0050 SHIMODA MICHIKO 1116101 INSTRUCTOR - IKEBANA SHIMODA MICHIKO 1116101 INSTRUCTOR - IKEBANA SIERRA DISPLAY INC 4119111 -001 STREETS SUPPLIES SIERRA PACIFIC TURF SUPP 1115301 YELLOW JACK TRAP SILICON VALLEY COMM NEWS 4819111 -001 LL 4944775 SILICON VALLEY COMM NEWS 1114101 LL 4963271 SILICON VALLEY COMM NEWS 1114101 LL 4972990 42 SALES TAX AMOUNT 0.00 75.88 0.00 1,450.00 0.00 304.00 0.00 96.35 0.00 24.00 0.00 54.81 0.00 65.09 0.00 78.75 0.00 19.17 0.00 338.17 0.00 43.50 0.00 810.00 0.00 12.80 0.00 119.82 0.00 21.89 0.00 9.53 0.00 164.04 0.00 580.69 0.00 196.40 0.00 11.11 0.00 8.94 0.00 216.45 0.00 707.70 0.00 7,807.04 0.00 2,080.00 0.00 470.00 0.00 1,720.00 0.00 185.00 0.00 333.00 0.00 518.00 0.00 397.49 0.00 75.69 0.00 655.32 0.00 130.80 0.00 117.78 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 10/29/2013 CITY OF SARATOGA ACCTPA21 TIME: 11:02:57 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20131029 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 TOTAL CHECK 0.00 903.90 11111 124168 10/29/13 884 STAPLES CONTRACT & COMME 1112101 OFFICE SUPPLIES 0.00 108.77 11111 124168 10/29/13 884 STAPLES CONTRACT & COMME 1112101 OFFICE SUPPLIES 0.00 112.80 TOTAL CHECK 0.00 221.57 11111 124169 10/29/13 826 STEFAN BAUMANN 1116101 INSTRUCTOR - PAINTING 0.00 1,395.63 11111 124170 10/29/13 343 TMT ENTERPRISES INC 1115301 PARK SUPPLIES 0.00 693.28 11111 124170 10/29/13 343 TMT ENTERPRISES INC 1115301 PARK SUPPLIES 0.00 475.78 TOTAL CHECK 0.00 1,169.06 11111 124171 10/29/13 389 U SAVE ROCKERY 4119111 -001 STREETS SUPPLIES 0.00 148.99 11111 124172 10/29/13 396 US POSTMASTERS 1116101 WINTER GUIDE POSTAGE 0.00 1,000.00 11111 124173 10/29/13 425 WESCO GRAPHICS, INC 1116101 2014 WINTER GUIDE 0.00 4,836.90 TOTAL CASH ACCOUNT 0.00 138,958.57 TOTAL FUND 0.00 138,958.57 TOTAL REPORT 0.00 138,958.57 43 4 SARATOGA CITY COUNCIL MEETING DATE: November 6, 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 September 30, 2013 RECOMMENDED ACTION Review and accept the Treasurer's Report for the month ended September 30, 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 September 30, 2013, the City had $331,269 in cash deposit at Comerica bank, and $13,894,005 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 September 30, 2013 is $14,225,274 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank $ 331,269 Deposit with LAIF $ 13,894,005 Total Unrestricted Cash $ 14,225,274 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. .. Adjusting Cash to Ending Fund Balance Total Unrestricted Cash $ 14,225,274 Plus: Assets 436,557 Less: Liabilities (1,456,084) Ending Fund Balance $ 13,205,747 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 45 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 M Fund Increase/ Balance (Decrease) Current Current Fund Balance FtndDescri 'on 7/1/13 Jul - Au Revenue Expenditure Transfers 9/30/13 General Fund Restricted Fund Balances: Environmental Services 463,182 - - - 463,182 Comniitted 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 Carryforwards 73,101 - - - 73,101 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 207,268 - - - 207,268 Other Unassigned eYEdistnbution 2,691,081 1,687,027 644,550 1,080,082 568,521 General Fund Total 9,918,675 (1,687,027) 644,550 1,080,082 - 7,796,115 Special Revenue Landscape /Lighting Districts 621,947 (74,041) 676 15,614 - 532,968 Capital Project Street Projects 1,230,619 (73,722) 5,249 44,165 - 1,117,981 Park and Trail Projects 1,003,347 (54,464) - 144,461 - 804,422 Facility Projects 260,858 (25,438) - 59,870 - 175,549 Administrative Projects 191,039 (5,000) - - - 186,039 Tree Fund Projects 45,700 10,025 - 621 - 55,105 CIP Grant Street Projects 363,656 (19,561) 4,561 6,384 - 342,273 CIP Grant Park & Trail Projects (161,107) - - 9,882 - (170,989) Gas Tax Fund Projects 486,222 109,280 - 62,528 - 532,974 Debt Service Library Bond 885,757 (688,510) 907 - - 198,154 Internal Service Fund Liability /Risk Management 230,059 (164,317) 104,292 9,673 - 160,362 Workers Compensation 293,720 (2,126) - 3,021 - 288,572 Office Support Fund 24,021 10,479 700 2,519 - 32,681 Information Technology Services 281,284 23,976 416 35,481 - 270,195 Equipment Maintenance 10,427 22,804 - 17,017 - 16,214 Building Maintenance 184,901 91,458 (188) 64,065 - 212,105 Equipment Replacement 442,089 45,000 - - - 487,089 Technology Replacement 156,318 11,621 - - - 167,938 Total City 16,469,530 (2,469,564) 761,163 1,555,383 - 13,205,747 M ATTACHMENT B FUND BALANCES BY CIP PROJECT 47 Fund Increase/ Fund Balance (Decrease) Current Current Balance CB' Funds /Projects 7/1/13 Jul - Aug Revenue Expentfiture Transfers 9/30/13 Street Projects Annual Street Resurfacing 304,167 (31,411) 5,249 38,452 - 239,554 Roadway Safety & Traffic Cahrring 32,659 (14,219) - 1,437 - 17,003 Highway 9 Safety Project - Phase II (Ped Paths) 18,134 (4,463) - 703 - 12,969 Highway 9 Safety Project - Phase III (Bicycles) 24,514 - - - - 24,514 Highway 9 Safety Project - Phase IV 90,000 - - - - 90,000 Fmitvalc Ave Medians 15,907 (15,907) - - - - Village LED Streetlights 5,180 - - - - 5,180 Annual Sidewalks Project 31,335 - - 450 - 30,885 El Quito Area Curb Replacement 37,552 - - - - 37,552 Village - Streets cape Improvements 144,757 - - - - 144,757 Village -Phase IIDesign 13,363 - - - - 13,363 Village -Phase II Construction 221,333 (7,723) - 689 - 212,922 Fourth Street Bridge 100,000 - - - - 100,000 Quito Road Bridge Replacement Design 90,593 - - 2,435 - 88,158 Parking District #3 Hillside 2,380 - - - - 2,380 Underground Project 98,744 98,744 Total Street Projects 1,230,619 (73,722) 5,249 44,165 - 1,117,981 Parks & Trails Projects Park/Trail Repairs 6,570 - - - - 6,570 Playground Safety Equipment 20,078 - - - - 20,078 Park Restroom Improvements 39,929 (186) - 7,620 - 32,123 Blaney Plaza Improvements 6,527 - - - - 6,527 Hakone Garden Matching Funds 250,000 - - - - 250,000 Hakone Garden Retaining Wall & D/W 310,375 (78,490) - 98,328 - 133,557 Hakone Garden Upper Moon House 125,000 - - - - 125,000 Wildwood Bridge Rehab - 62,100 - - - 62,100 Saratoga to Sea Quarry Master Plan 244,868 37,887 38,513 168,468 Total Parks & Trails Projects 1,003,347 (54,464) - 144,461 - 804,422 Facility Projects Facility Projects 20,348 - - - - 20,348 Security Locks 40,000 - - - - 40,000 City Hall Emergency Power Backup 87,455 (25,130) - 4,820 - 57,505 Wainscoting Rehabilitation 588 - - 4,050 - (3,463) Theater Improvement 44,881 (308) - - - 44,573 Civic Theater Master Plan 60,000 - - 51,000 - 9,000 WHH 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 (25,438) - 59,870 - 175,549 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 Imaging 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 - 621 - 32,230 Tree Dedication Program 21,125 - - - - 21,125 SMSCF Tree Donation Program 1,750 1,750 Total Tree Fund Projects 45,700 10,025 - 621 - 55,105 CIP (rant Street Projects Prob 1B Grant Resurfacing 466,818 - - - - 466,818 Highway 9 Safety Improvements Phase II (23,712) (42,422) - 6,384 - (72,518) Village LID Street Lights (25,207) - 4,561 - - (20,646) Village. Sidewalk, Curb & Gutter Phase 1 (34,158) - - - - (34,158) Quito Road Bridges (20,085) 22,862 2,776 Total CIP Grant Street Projects 363,656 (19,561) 4,561 6,384 - 342,273 CIP Grant Park & Trail Projects AB8939 Beverage Container Chant Funding 22,043 - - 9,882 - 12,161 Joe's Trail at Saratoga / De Anza (183,150) (183,150 Total CIP Grant Park & Trail Projects (161,107) - - 9,882 - (170,989) Gas Tax Fund Projects Annual Street Resurfacing 374,189 109,280 - 60,495 - 422,974 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 486,222 109,280 - 62,528 - 532,974 Total CIP Funds 3,420,333 (58,880) 9,810 327,911 3,043,353 47 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 Octo ATTACHMENT C CASH BALANCE BY MONTH m 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 0.38 0.36 0.35 0.32 2013 1 0.281 0.241 0.261 1 v SARATOGA CITY COUNCIL MEETING DATE: November 6, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Agreement with the Santa Clara County FireSafe Council RECOMMENDED ACTION: Authorize the City Manager to execute an agreement with the Santa Clara County FireSafe Council in the amount of $25,000 per year through June 30, 2018 to establish a hazardous fuel reduction program in the City of Saratoga. On February 20, 2013, the City Council adopted an update to the Safety Element of the City of Saratoga General Plan. The Safety Element identifies fire as one of several hazards that affect the City of Saratoga. While there are existing programs, including the Weed and Brush Abatement Programs, that are intended to reduce the risk of fire, the Safety Element calls for additional actions to further prevent wildfires. The Safety Element recognizes fuel load management in the City's Wildland -Urban Interface areas as one of the ways that the City can reduce and prevent losses from wildfires. The attached agreement with the Santa Clara County FireSafe Council is intended to achieve this goal. Through the agreement, the Santa Clara County FireSafe Council will oversee a hazardous fuel reduction program in the City of Saratoga. The program will provide free chipping services to residents in the City of Saratoga's Wildland -Urban Interface area. Brush cleared from defensible space — 100 feet from permanent structures and 30 feet from roadsides and driveways used for evacuation purposes — will be eligible for free chipping. Per the agreement, the Santa Clara County FireSafe Council will establish a chipping program for the City of Saratoga each year, conduct the necessary outreach, and manage a special needs assistance program for residents who are physically unable to clear their property of brush prior to chipping. FISCAL IMPACTS: A total of $25,000 was set aside in the Fiscal Year 2013/14 budget for a hazardous fuel reduction program. This funding will be used to pay for the program if the City Manager is authorized to Page 1 of 2 50 execute the agreement with the Santa Clara County FireSafe Council. Additionally, $25,000 will be allocated to the program each Fiscal Year until the agreement expires or is terminated. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: If the City Manager is not authorized to execute the agreement, a hazardous fuel reduction program will not be established in partnership with the Santa Clara County FireSafe Council. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Proposed Agreement Page 2 of 2 51 City of Saratoga Contract with Santa Clara Fire Safe Council Inc. THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and Santa Clara Fire Safe Council Inc. ( "Contractor "), who agree that: 1. Purpose of Contract. This is a contract for providing a significant increase in Community Awareness and Defensible Space for Saratoga residents as more specifically described in Exhibit A of this Agreement ( "Scope of Work "). 2. Term. The term of this Agreement commences on (check one): [9 the date last signed below ❑ [insert specific start date] ( "Effective Date ") and extends through June 30, 2018 or the completion of the project, whichever occurs first. This Agreement may be renewed for successive 5 year terms by a letter agreement between the parties. 3. Payment. City shall pay Contractor for work product produced pursuant to this Agreement an amount not to exceed the total sum of twenty -five thousand dollars ($25,000) per year for work to be performed and any authorized reimbursable costs. This is a (check one): ❑ Time and Materials Nx Lump Sum contract. If this is a Time and Materials Contract, the Contractor's hourly rates are set forth in the Scope of Work. Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 4. Contract Administration. The primary representatives of City and Contractor for Contract administration are listed below. 5. Insurance. Contractor agrees to procure and provide evidence of insurance as required by the provisions set forth in Exhibit B. 6. General Provisions. City and Contractor agree to and shall abide by the general provisions set forth in Exhibit C. 7. Supplemental Requirements. This agreement includes supplemental requirements described in connection with each box checked below: ❑ This Agreement is funded in whole or in part by an entity other than City. Contractor shall comply with all rules and regulations required by such funding entity. Applicable funding entity requirements are set 52 City of Saratoga Contractor Primary Representative: Crystal Bothelio Allan Thompson Address: City of Saratoga Santa Clara County FireSafe 13777 Fruitvale Avenue Council Saratoga, CA 95070 16174 Highland Drive San Jose, CA 95127 Telephone: 408.868.1260 (408) 272 -7008 Fax: 408.868.8559 (408) 624 -9316 Cell Phone: 408.806.5937 E -mail: ctclerk&sarato a.c�a.us AllanTkSCCFireSafe.org 5. Insurance. Contractor agrees to procure and provide evidence of insurance as required by the provisions set forth in Exhibit B. 6. General Provisions. City and Contractor agree to and shall abide by the general provisions set forth in Exhibit C. 7. Supplemental Requirements. This agreement includes supplemental requirements described in connection with each box checked below: ❑ This Agreement is funded in whole or in part by an entity other than City. Contractor shall comply with all rules and regulations required by such funding entity. Applicable funding entity requirements are set 52 Contract for Community Awareness and Defensible Space forth in Exhibit D. Nothing in this paragraph or in the funding entity requirements shall be construed to relieve Contractor of its duty to ensure that it is in compliance with all applicable laws and regulations. ❑ Exhibit E sets forth requirements regarding 8. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 9. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 10. Authority to Execute Agreement. Each individual executing this Agreement, on behalf of one of the parties, represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Contractor: Santa Clara Fire Safe Council, City of Saratoga Inc. By: By: Jerry Serpa, President Dave Anderson, City Manager Date: Date: ATTEST: Crystal Bothelio, City Clerk Date: APPROVED AS TO FORM: Richard Taylor, City Attorney Date: Page 2 of 2 53 Exhibit A SANTA CLARA COUNTY FIRESAFE COUNCIL - SCOPE OF SERVICES The City of Saratoga wishes to support the work of the Santa Clara Fire Safe Council Inc. ( "FireSafe Council ") as set forth below. The City of Saratoga is one of 14 communities in Santa Clara County that has been identified as being at risk for wildfires by the California Fire Alliance. Saratoga is susceptible to wildfire due to an abundance of fuel load, the steep topography of the City's hillside areas, and the local climate conditions. Fire is identified as one of several hazards that affect the City in the Safety Element of the City of Saratoga General Plan. While the City is already taking steps to prevent fire through the Weed and Brush Abatement Programs, the Safety Element describes additional measures that the City can take. One of the goals of the Safety Element (SAF -4) is to reduce the danger of property damage and loss of life due to urban and wildfires by conducting fuel load management activities in the City's Wildland -Urban Interface area and prepare a Community Wildfire Protection Plan. The FireSafe Council is a non - profit 501(c)(3) organization seeking to provide a significant increase in Community Awareness and Defensible Space in its program area by providing programs to assist in protecting residents and homes and bringing together individuals, public and private agencies and companies that share a common, vested interest in preventing and reducing losses from wildfires. The FireSafe Council's programs and projects are focused on protecting the Santa Clara County communities at risk for wildfire through the reduction of built -up hazardous fire -prone vegetation and the creation of informed communities with respect to Defensible Space, general fire safety, and fire's effect and role in our environment. The scope of work for this agreement is to advance the shared objectives of the City and the FireSafe Council as follows: 1. Hazardous Fuel Reduction Program The City's Wildland -Urban Interface area is characterized by native brush, grasslands and trees, which are prone to wildfire. There is a danger that fire in this area could spread and consume significant areas of the City. To assist in reducing fire danger, the FireSafe Council will oversee a hazardous fuel reduction program that provides no cost chipping services for owners and residents of properties located in the City of Saratoga's Wildland -Urban Interface area ( "Property Owners /Residents" ). Properties outside of City limits are not eligible for work supported by this Agreement. The program consists of chipping brush that has been independently cleared from defensible space - 100 feet from permanent structures Exhibit A - Page 1 of 4 54 Contract for Community Awareness and Defensible Space and 30 feet from roadsides or driveways used for evacuation purposes. FireSafe Council will also be utilizing subcontractors in the performance of this undertaking. A. Chipping Programs Due to the varying natures of Saratoga's hillside neighborhoods, different types of chipping services may be necessary. Acceptable types of chipping services include: Community Chipping Pile: Property Owners /Residents may drop off piles of brush by a certain date and chipping is performed after the final drop off date. Drive Up Chipping Event: Property Owners /Residents transport brush to a specified location where chipping is performed on the spot. At Home Chipping: Property Owners/ Residents schedule chipping services to be performed at their home. Brush must be prepared in advance to the chipping appointment. The FireSafe Council will assess neighborhoods eligible for chipping services and determine which type of chipping service is most appropriate based on the size and characteristics of the neighborhood. The intent of the Hazardous Fuel Reduction Program is to assist in clearing primary fuel sources, including grasses, brush, and shrubs. The FireSafe Council will be providing chipping services only and will not be conducting any trimming or cutting of weeds, brush, or trees. Informational materials distributed by the FireSafe Council regarding chipping services in Saratoga will advise users that compliance with City Code Article 15 -50 regarding Tree Regulations is required in connection with all work carried out in the City of Saratoga. B. Special Needs Assistance Program: The FireSafe Council also offers a Special Needs Assistance Program for Residents who are physically unable to clear their property of brush prior to chipping. The FireSafe Council will work with Property Owners to help determine the scope of clearing and chipping work to be performed. The amount of clearing /chipping work required cannot exceed two days of work and applicants must meet the FireSafe Council's eligibility requirements applicable to all FireSafe Council Special Needs Assistance projects. Any clearing work in Saratoga will comply with City Code Article 15 -50 regarding Tree Regulations. C. Community Outreach and Coordination: The FireSafe Council will be responsible for overseeing outreach and promotion of the Hazardous Fuel Reduction Program in Saratoga. This will include: Page 2 of 4 55 Contract for Community Awareness and Defensible Space Preparation of applications, flyers and informational materials, and a webpage with information about the Saratoga Hazardous Fuel Reduction Program. Serving as the primary point of contact for the community on the Hazardous Fuel Reduction Program. Questions about the program and requests for service received by the City will be directed to the FireSafe Council. Assist with the City's outreach efforts including: The City will include information about the Hazardous Fuel Reduction Program on its website, social media sites, newsletters, and in other forms of communication used by the City. The City will provide opportunities for the FireSafe Council to participate in City of Saratoga events to allow the FireSafe Council to share information about its programs. The FireSafe Council may also provide informational materials to City staff to be distributed at events organized by the City of Saratoga. D. Wildfire Prevention Community Plan In addition to a Hazardous Fuel Reduction Program, the City's Safety Element also identifies preparation and implementation of a Community Wildfire Protection Plan as a way to address the threat of fire in Saratoga. Local governments typically prepare these plans with assistance from other local agencies, as well as State and Federal government. Community Wildfire Protection Plans assess wildfire risks and identify mitigation measures, including targeted fuel reduction. The FireSafe Council will provide assistance to the City of Saratoga and other partnering agencies in preparing the plan. E. Other Fire Safe Programs The FireSafe Council may offer other services and programs in Saratoga as agreed upon by the Council and the City. F. FireSafe Program Budget and Plan Reports Each fiscal year the FireSafe Council shall submit two FireSafe Program Budget and Plan Reports to the City Manager for approval by the City Manager or his /her designee. The first report shall be submitted after July 1 Page 3 of 4 56 Contract for Community Awareness and Defensible Space and before December 31 and the second report shall be submitted after January 1 and before June 30. Each report shall outline the following: Program Budget: A detailed budget showing the various expenses for the Saratoga FireSafe Program and allocation among the program components listed above for the reporting period (i.e., July 1- December 31 for the first report and January 1 -June for the second report) and a general budget estimate for the following reporting period. Chipping Schedule: A schedule that specifies type of chipping services, if any, to be provided during the reporting period including the number of chipping events, event locations or target areas, and where events will occur. Outreach Plan: A description of proposed methods for communicating information about the program, including a detailed schedule for outreach efforts during the reporting period and general description of outreach efforts expected in the following reporting period. 4. Report of Services Rendered: Starting with the second report filed after execution of this Agreement, each report shall summarize services rendered pursuant to this agreement by the FireSafe Council during the previous reporting period. The report should include the number of participants in the Hazardous Fuel Reduction Program, description of chipping events and activities, and summary of public outreach and education conducted. -End of Exhibit A- Page 4 of 4 57 Exhibit B Insurance The insurance requirements listed below that have an "X" indicated in the space before the requirement apply to this Agreement together with the general requirements Contractor shall provide its insurance broker(s) /agent(s) with a copy of these requirements and request that they provide certificates of insurance complete with copies of all required endorsements to: Risk Manager, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 with a copy to the Primary Representative listed in section 4 on page 1 of this Agreement. During the term of this Agreement Contractor shall ensure that its broker(s) /agent(s) provide the Risk Manager and Primary Representative with updated certificates of insurance reflecting continued satisfaction of the requirements of this agreement together with updated endorsements in the event of a change in the underlying insurance policy(ies). All endorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies. As described in more detail below, the City, its officers, officials, employees, agents, and volunteers are to be covered as insureds. All certificates and endorsements must be received and approved by City before work commences. Insurance Requirements –[9— Commercial General /Business Liability Insurance with coverage as indicated: J9_ $2,000,000 per occurrence /$2,000,000 aggregate limits for bodily injury and property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance _0_ If the standard ISO Form wording for "OTHER INSURANCE ", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided stating that said insurance will be primary insurance and any insurance or self - insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. –9— Auto Liability Insurance with coverage as indicated: J9_ $1,000,000 combined single limit for bodily injury and property damage (for non - owned and hired automobiles if Contractor or subcontractor does not own any vehicles) Garage keepers' extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the consultant, regardless of where the vehicles are kept or driven. Exhibit B – Page 1 of 3 Contract for Community Awareness and Defensible Space Workers' Compensation as required by the State of California *, with statutory limits, and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. *Contractor does not have employees at the time of contract execution The Employer's Liability policy shall be endorsed to waive any right of subrogation against the City, its employees or agents. All subcontractors used must comply with the above requirements except as noted below: Subcontractors providing fuel reduction services pursuant to the Chipping Programs and Special Needs Assistance Program must maintain Commercial General /Business Liability Insurance as noted above except that the limits of coverage must be at least $1,000,000 per occurrence /$1,000,000 aggregate limits for bodily injury and property damage; other subcontractors are not required to maintain Commercial General/Business Liability Insurance. Subcontractors who do not drive on Contractor business are not required to meet the auto liability requirements above. General Requirements As to all of the checked insurance requirements above, the following shall apply: 1. Deductibles and Self Insured Retentions. Any deductibles or self insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 2. City as Additional Insured. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds regarding: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, agents or volunteers. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10.) 3. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Exhibit B — Page 2 of 3 59 Contract for Community Awareness and Defensible Space Contractor shall not cancel, assign, or change any policy of insurance required by this Agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this Agreement except after providing 30 days prior notice to the City. If an insurance policy required by this Agreement is unilaterally cancelled or changed by the insurer, Contractor shall promptly provide written notice to the City and obtain substitute insurance meeting the requirements of this Agreement. Nothing in this paragraph relieves Contractor of its obligation to maintain all insurance required by this Agreement at all times during the term of the Agreement. 4. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether City has received a waiver of subrogation endorsement from the insurer. 5. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII -End of Exhibit B- Exhibit B — Page 3 of 3 •1 Contract for Community Awareness and Defensible Space Exhibit C General Provisions 1. INDEPENDENT CONTRACTOR. City requires the services of a qualified contractor to provide the work product described in Exhibit A because it lacks the qualified personnel to provide the specified work product. Contractor is qualified to provide the required work product and is agreeable to providing such work product on the terms and conditions in this agreement. 1.1 In General. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. No relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to policy and the result of the Contractor's work only, and not as to the means by which such a result is obtained. 1.2 Non - Exclusive Contract. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 1.3 Standard of Care. Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent business operation (practitioner of the operation) in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a business engaged (person practicing) in Contractor's operation (profession). 1.4 Qualifications. Contractor represents and warrants to City that the Contractor is qualified to perform the services as contemplated by this Agreement and that all work performed under this Agreement shall be performed only by personnel under the supervision of the Contractor as an employee or by a subcontractor. All personnel engaged in the work shall be fully qualified and shall be authorized, licensed and certified under state and local law to perform such work if authorization, licensing or certification is required. The Contractor shall commit Exhibit C — Page 1 of 10 61 Contract for Community Awareness and Defensible Space adequate resources and time to complete the project within the project schedule specified in this Agreement. 1.5 Use of City Equipment. City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City. 1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a relevant taxing authority, including, but not limited to the Internal Revenue Service or the State Employment Development Division, determine that the Contractor is an employee for purposes of collection of any employment taxes, the amounts payable under this Agreement shall be reduced by amounts equal to both the employee and employer portions of the tax due (and offsetting any credits for amounts already paid by the Contractor which can be applied against this liability). City shall then forward those amounts to the relevant taxing authority. Should a relevant taxing authority determine a liability for past services performed by the Contractor for City, upon notification of such fact by the City, the Contractor shall promptly remit such amount due or arrange with the City to have the amount due withheld from fixture payments to the Contractor under this Agreement (again, offsetting any amounts already paid by the Contractor which can be applied as a credit against such liability). Any determination of employment status above shall be solely for the purposes of the particular tax in question, and for all other purposes of this Agreement, The Contractor shall not be considered an employee of City. Notwithstanding the foregoing, should any court, arbitrator, or administrative authority determine that the Contractor is an employee for any other purpose, then the Contractor agrees to a reduction in the City's financial liability so that the City's total expenses under this Agreement are not greater than they would have been had the court, arbitrator, or administrative authority determined that the Contractor was not an employee. 2. COMMUNICATION AND NOTICES. The City's Primary Representative designated in section 4 on page 1 of this Agreement is authorized to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or the Administrator's designee. 2.1 In General. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving party. The parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via e -mail. However, under no circumstances shall such courtesy notice satisfy the notice requirements Exhibit C — Page 2 of 10 62 Contract for Community Awareness and Defensible Space set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. 2.2 Addresses for Notice. Notices or communications shall be given to the parties at the addresses set forth in section 4 ( "Contract Administration ") unless otherwise designated in a written notice to the other party. In addition, notices to City shall be copied to: Dave Anderson Crystal Bothelio City Manager City Clerk City of Saratoga City of Saratoga 13777 Fruitvale Avenue 13777 Fruitvale Avenue Saratoga, CA 95070 Saratoga, CA 95070 These copies shall not constitute notice. 2.3 Change of Address. Any party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. 3. PAYMENT. The payments specified in this paragraph shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings per subparagraph 3.1 below to City and City shall, within 30 days thereafter, pay such billings to Contractor in the manner specified in this paragraph. Payment shall be made payable to Contractor and delivered to the address specified in section 4 on page 1 of this Agreement. The making of any payment by City, or the receipt thereof by the Contractor, shall in no way lessen the liability of the Contractor to correct or revise unsatisfactory work, even though the unsatisfactory character of such work may not have been apparent or detected at the time such payment was made. City may withhold payment to Contractor in any instance in which the Contractor has failed or refused to satisfy any material obligation provided for in this Agreement within five (5) business days after receipt of the City's written notification of a condition needing correction. In no event shall City be liable for interest for any late payments until more than 45 days past due. 3.1 Following the City Manager's (or designee's) approval of each FireSafe Program Budget and Plan Report, Contractor shall submit an invoice for the detailed budget in that report for that reporting period. 4. CONTRACTOR NOT AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES. Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social Exhibit C — Page 3 of 10 63 Contract for Community Awareness and Defensible Space security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED. The services to be performed by the Contractor are personal in character and no party to this Agreement may assign any right or obligation under this Agreement. Any attempted or purported assignment of any right or obligation under this Agreement shall be void and of no effect. However, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified in the Annual FireSafe Program Budget and Plan approved by the City. 7. PERSONNEL. Contractor shall assign only competent personnel and/or contractors to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, and/or subcontractors, Contractor shall, promptly upon receiving notice from city of such desire of City, cause the removal of such person(s) or subcontractors from work in connection with the Scope of Work. 8. CONFLICT OF INTEREST. 8.1 In General. Contractor understands that its professional responsibility is solely to City. Contractor represents and warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this agreement. Contractor shall not employ or subcontract with a person having such an interest in the performance of this agreement. 8.2 Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. 8.3 Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's performance of the Scope of Work or authorizes funding to Contractor. Exhibit C — Page 4 of 10 Contract for Community Awareness and Defensible Space 9. COMPLIANCE WITH LAWS 9.1 In General. Contractor shall keep itself fully informed of and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder. 9.2 Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to perform its contract duties. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform its contract duties. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. 10. WORK PRODUCT AND RECORDS 10.1 Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. Without limiting the generality of the foregoing, if, in connection with services performed under this Agreement, the Contractor or its subcontractors create artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, diagrams, surveys, source codes or any other original works of authorship, such works of authorship shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. If it is ever determined that any works created by the Contractor or its subcontractors under this Agreement are not works for hire under U.S. law, the Contractor hereby assigns all copyrights to such works to City, grants City a royalty -free and irrevocable license to reproduce, publish, use, and to authorize others to do so, all such works and agrees to provide any material and execute any documents necessary to effectuate such assignment and license. The Contractor may retain and use copies of such works for reference and as documentation of its experience and capabilities. 10.2 Intellectual Property. Contractor represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Contractor further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Contractor's performance of this agreement. Contractor shall indemnify and hold City harmless from all loss and liability, including attorneys' fees, court costs and all other litigation expenses for any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims of any person or persons in consequence of the use by City, or Exhibit C — Page 5 of 10 65 Contract for Community Awareness and Defensible Space any of its officers or agents, of articles or services to be supplied in the performance of this Agreement. 10.3 Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. 10.4 Use of Recycled Paper and Electronic Documents. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Documents shall be printed on both sides of the page and City shall be provided with electronic copies of documents (in Word or .pdf format) except where unusual circumstances make it infeasible to do so. 11. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. Excluded from disclosure restriction are Contractor's accountants, attorneys, lenders, subpoenas, court requests, and disclosure for legal tax compliance. 12. RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION. Contractor and City agree that City, its employees, agents and officials shall be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the extent of the Contractor's negligent or otherwise tortious performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. Exhibit C — Page 6 of 10 .. Contract for Community Awareness and Defensible Space 13.1 General Indemnity. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, and to the extent as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. 13.2 Duty to Defend. In addition to Contractor's obligation to indemnify City, Contractor specifically acknowledges and agrees that it has an immediate and independent obligation to defend City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered in writing to the Contractor by City and continues at all times thereafter. 13.3 Limitation on Indemnity, Hold Harmless and Defending. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to defend, indemnify and hold harmless City as set forth above for liability to the extent attributable to the negligent or willful misconduct of City, provided such negligent or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will not apply in instances where Contractor is solely at fault or in instances where City's fault accounts for less than ten percent (10 %) of the liability involved. In those instances, the obligation of Contractor will be all - inclusive and City will be held harmless, indemnified, and defended for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. However, the City agrees to first seek indemnification, being held harmless and defense from all available Contractor and subcontractor insurance coverages. 13.4 Acknowledgement. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be more than ten percent (10 %) fault of City. 13.5 Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. 13.6 Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, Exhibit C — Page 7 of 10 67 Contract for Community Awareness and Defensible Space for, with or on behalf of Contractor in the performance or subject matter of this Agreement. 13.7 No Waiver. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this section. 13.8 Insurance Use. The Parties agree to first seek recovery under available insurance coverages including under Contractor's and subcontractors' insurance for any claim against Contractor under this Section 13's indemnity hold harmless and defense provisions before Contractor's direct responsibility as applicable is to be triggered. 14. DEFAULT AND REMEDIES. 14.1 Events of default. Each of the following shall constitute an event of default hereunder: (a) Failure to perform any obligation under this Agreement and failure to cure such breach as soon as commercially reasonable upon receiving written notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or (b) Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving written notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. 14.2 Remedies upon default. Upon any uncured Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance or contract with another party to perform this Agreement and /or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. Exhibit C — Page 8 of 10 .: Contract for Community Awareness and Defensible Space 14.3 No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 15. TERMINATION. Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time with seven (7) days prior written notice in the event that Contractor commits a material breach of the terms of this Agreement that was not cured within that time. Upon termination, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged from the rights and obligations of this Agreement, subject to payment for acceptable services rendered prior to the expiration of the notice of termination and delivery to City of any work in progress, completed work, supplies, equipment, and other materials produced as a part of, or acquired in connection with the performance of this Agreement, and any completed or partially completed work which, if this Agreement had been completed, would have been required to be furnished to City. Notwithstanding the foregoing and section 2 on page 1, this section and the provisions of this Agreement concerning insurance (Exhibit B), Funding Agency Requirements (as set forth in Exhibit D if applicable), Work Product and Records, Confidential Information, Responsibility of Contractor, Indemnification, Default and Remedies, Litigation, and Jurisdiction and Severability shall survive termination or expiration of this Agreement. 16. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non - binding mediation in California at shared expense of the parties for at least 8 hours of mediation. The mediator shall be agreed upon by the parties within thirty (30) days of a written request for mediation by either party and absent an agreement within that time will allow either party to have one appointed by the Santa Clara County Superior Court. The cost of mediation shall be split between the parties who shall each pay their own counsel fees, costs, and expenses. If mediation does not arrive at a satisfactory result, arbitration, if agreed to in writing by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys' fees. 17. LITIGATION. If any litigation is commenced between parties to this agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 18. JURISDICTION AND SEVERABILITY. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 19. NOTICE OF NON - RENEWAL. Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product Exhibit C — Page 9 of 10 .• Contract for Community Awareness and Defensible Space provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 20. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 21. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. 515945.3 -End of Exhibit C- Exhibit C — Page 10 of 10 70 +u '� SARATOGA CITY COUNCIL f. MEETING DATE: November 6, 2013 AGENDA ITEM: DEPARTMENT: Recreation & Facilities PREPARED BY: Michael A. Taylor CITY MANAGER: Dave Anderson DIRECTOR: Michael A. Taylor SUBJECT: Memorandum of Understanding for Use of Saratoga Federated Church Storage Area for Emergency Operations Center Supplies RECOMMENDED ACTION: Authorize the City Manager to sign the Memorandum of Understanding (MOU) between the City of Saratoga and the Saratoga Federated Church for use of the exterior church storage area for storing Emergency Operations Center supplies and materials. BACKGROUND: According to Jim Yoke, Emergency Services Coordinator for the City, there is insufficient storage space for appropriate disaster response supplies and materials in the Emergency Operations Center in the Saratoga Fire Department building. The purpose of this agreement is to enhance the emergency preparedness for community residents and to increase the ability of the CITY to respond in the event of an emergency by increasing the capacity of the CITY to store emergency supplies. Mr. Yoke identified the space behind the old Post Office on Saratoga Avenue as a potential site for additional storage. Staff met with the Senior Director of Administration and tentatively agreed to share the space for storage. FISCAL IMPACTS: None. There are sufficient funds available in the City operating budget to cover the cost of oversight of this contract. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City Manager will not be authorized to execute the contract. ALTERNATIVE ACTION(S): Council may direct staff to seek additional or alternative sites for storage. 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 71 ATTACHMENTS: A - Memorandum of Understanding for use of facilities at Saratoga Federated Church Page 2 of 2 72 MEMORANDUM OF UNDERSTANDING AGREEMENT FOR USE OF FACILITIES AT SARATOGA FEDERATED CHURCH FOR STORAGE OF CITY EMERGENCY OPERATIONS SUPPLIES This agreement entered on , 2013 between the CITY of Saratoga, hereinafter referred to as "the CITY ", and Saratoga Federated Church, hereinafter referred to as `the CHURCH ": is to formally acknowledge the agreement between the CITY and the CHURCH to initiate and implement joint facility utilization for the purpose of enhancing emergency preparedness for community residents and enable the CITY to better respond to an emergency. In consideration of the mutual benefits derived therefrom, the parties agree as follows: 1. Term: The term of this agreement is November 1, 2013 to June 30, 2017. The agreement may be reviewed on a yearly basis. 2. Purpose: The purpose of this agreement is to enhance the emergency preparedness for community residents and to increase the ability of the CITY to respond in the event of an emergency by increasing the capacity of the CITY to store emergency supplies. 3. Scope: The CHURCH agrees to provide to the CITY the use of the enclosed (chain link "cage ") storage area in the exterior of the rear of the building located at 14382 Saratoga Avenue. 4. Process: The CHURCH retains the right to store CHURCH equipment, materials, and supplies in the same area, but will focus on the needs of the CITY for space. The CHURCH and the CITY will work together to develop acceptable amounts of space for the interests of each party. Use of the facilities by the CITY will be coordinated in such a manner as not to interfere or conflict with CHURCH activities. The CHURCH Senior Director of Administration and the CITY Emergency Services Director or designees shall be the contact persons for the use of the facilities. 5. Legal Responsibility/Insurance: The CITY assumes responsibility for injury or damage, which occurs as a proximate cause of its use of CHURCH facilities and agrees to name the CHURCH as additional insured in the CITY's comprehensive general liability insurance policy. The CITY hereby agrees to, and shall, hold CHURCH, its elective and appointed Board, Commissions, officers, agents and employees harmless and defend and indemnify the same from and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly arising from any negligent or wrongful act or omission of CITY in the exercise of its use of the CHURCH facilities. The CHURCH assumes responsibility for injury or damage, which occurs as a proximate cause of its use or maintenance of CHURCH facilities and agrees to name the CITY as an additional insured in the CHURCH's comprehensive general liability insurance policy. The CHURCH hereby agrees to, and shall hold the CITY, its elective and appointed Council, Commissions, officers, agents and employees harmless and defend and indemnify the same from and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and 11/01/2013 73 Page 1 of 2 description directly or indirectly arising from any negligent or wrongful act or omission of CHURCH in the exercise of its use or maintenance of the CHURCH facilities. 6. Facility Use and Maintenance: All facility use will be consistent with the provisions in CHURCH policies regarding use of facilities. CHURCH shall have first priority for any use of facilities and CITY of Saratoga will have second priority. This agreement applies to use of the facilities listed and does not apply to other CHURCH facilities (e.g., classrooms, meeting rooms, etc.). The CHURCH agrees to provide clean and safe facilities prior to usage by the CITY. 7. Billin : There shall be no charge to the CITY by the CHURCH for the use of the facility. The CITY shall pay the CHURCH for any extra - ordinary expenses reasonably relating to the CITY's use of the facility, including but not limited to additional CHURCH expenses to cover custodial, administrative, or supply expenses which the CHURCH must expend as a result of CITY's use of the facility. 8. Termination Provisions: This agreement may be terminated by either party at any time upon 30 days notice to the other party. 9. Amendments: No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. CITY OF SARATOGA SARATOGA FEDERATED CHURCH C Dave Anderson, CITY Manager LI-A (Title) (Date) (Date) APPOVED AS TO FORM: Richard Taylor, CITY Attorney (Date) 11/01/2013 74 Page 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 6, 2013 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone Associate Engineer SUBJECT: Quito Road Bridges Replacement Project Public Review RECOMMENDED ACTION: Accept public testimony regarding the Quito Road Bridges Replacement Project and direct staff to review and refine the project design based on further public outreach and consultation. REPORT SUMMARY: The City is developing plans for replacement of two substandard bridges on Quito Road with structures that will meet current Caltrans safety standards and allow a 100 -year design flow with funding through the Federal Highway Bridge Replacement and Rehabilitation (HBRR) Program. The existing bridges are located on Quito Road crossing San Thomas Aquino Creek near the intersection of Quito Road and Old Adobe Road. The project will require rerouting traffic during the approximately 6 to 12 -month construction period and acquisition of right -of -way easements. The City has notified residents in the vicinity of the project and invited public comment at the public hearing. Project Purpose and Need The existing bridges, which were constructed in 1915, do not meet current State design standards or seismic safety criteria as determined by the Caltrans Structure Maintenance and Investigation Report. The project would replace two 2 -lane bridges identified as 37C -113 and 37C -114 (henceforth referred to as "Bridge 113" and "Bridge 114 "). The new bridges would have the same function and capacity as the existing structures and be designed to satisfy Caltrans standards and requirements for federal funding of approximately 88 percent of the project cost. The project would include acquisition of necessary right - of -way; demolition and construction of the bridges; construction of five retaining walls; relocation of utilities; and related habitat restoration. The new bridges will be on a similar alignment to the existing bridges although the approaches leading to the bridge structures will require slight roadway re- alignment to improve sight distance and enhance traffic and pedestrian safety. The bridges will clear -span the creek and will have a width of approximately 34 feet with two 12 -foot travel lanes and two 4 -foot shoulders and required by Caltrans and the Federal Highway Administration. Bridge 114 will have a 4.5 -foot sidewalk on the east side of the roadway to retain existing pedestrian access. The bridge abutments will be supported on piles placed in cast -in- drilled- holes. The Quito Road approaches to the bridges will be widened as part of the project in order to facilitate the wider 12 -foot travel lanes and 4 foot shoulders required by Caltrans. Page 1 of 3 75 The project includes minor grading in the San Tomas Aquino Creek channel at each bridge to reduce the angle of the channel at each crossing and minimize the potential for erosion. The project includes bank stabilization measures at each bridge, consisting of a combination of gabions, wing/retaining walls, and a soil nail wall. The project has been designed to accommodate projected flood flows associated with a 100 -year storm. The hydraulic capacity of the replacement bridges will result in an improvement over existing conditions. The project will treat stormwater runoff in accordance with the standard provisions of the City's Municipal Stormwater Permit. Although the project has been designed to minimize removal of heritage trees, construction would require the removal of approximately 24 trees (See Attachment 1). The design includes replacement of the trees consistent with the City's tree removal requirements applicable to private projects including a one -half acre (0.50 acre) riparian restoration component, which will be located in La Rinconada Park in the Town of Los Gatos. The riparian restoration component would result in increased habitat values and functions within the restored riparian corridor and adjacent oak woodland. This component of the project would include: exotic species removal, establishment of riparian and oak woodlands, enhancement of understory plantings, and installation of riparian fencing. The riparian restoration work would coincide with the construction schedule for construction of the bridges. The riparian restoration component includes initial maintenance during the first 3 years until the plantings are established and become self - sustaining. The site would be monitored for a period of 10 years or until success criteria have been met. Bridge replacement would require Quito Road to be closed during the construction period; traffic would be rerouted using existing streets. (The proposed detour route map is attached as Attachment 2.) Construction equipment and materials will be staged on the closed portion of Quito Road. Construction would take place on weekdays between the hours of 7:30 am and 6:00 pm and is anticipated to take approximately twelve months. Construction activities within the creek will take place between April 15th and October 15th to avoid the rainy season. Project construction would include standard best management practices to minimize erosion, protect water quality, and control dust. Riaht-of-Wav Acquisition Preliminary project plans indicate that in order to meet applicable design standards the project would require fair market value acquisition of a minimal amount of additional right -of -way easements totaling approximately 10,800 square feet from portions of six adjacent privately -owned parcels adjoining the existing right -of -way and 940 square feet from publicly -owned parcels adjoining the existing right of way. The potential right -of -way easements to be acquired consist of narrow, linear areas immediately adjacent to the roadway and existing right -of -way (See Attachment 3 Approximate Right of Way Acquisition Figures). Written Communications Attachment 4 contains copies of written communications from residents regarding the project. Questions and comments have been raised concerning tree removal, necessity of retaining walls, duration of road closure, effects on existing structures, and right of way acquisition. Next Steps This hearing is the first step in public review of the proposed project. Staff will conduct further public outreach and then review all public comments with the project engineer to identify design changes in response to public comments. Page 2 of 3 76 FISCAL IMPACTS: None. ALTERNATIVE ACTION: Direct staff to proceed with the design in its current form. FOLLOW UP ACTION: Conduct further public outreach and coordination with the project engineer as described above. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was noticed as a public hearing in a notice published in the Saratoga News on October 22, 2013 and mailed to residents in the project area on October 24, 2013. This item was also 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. Locations of Proposed Tree Removal 2. Detour Map 3. Approximate Right of Way Acquisition Figures 4. Written Communications 520849.2 Page 3 of 3 77 Appendix A. Trees to be Removed at the Quito Road Bridge Replacement Project Appendix A Frees to be Removed at the Quito Road Bridge Replacement Project Identification Letter Species Common Name diameter* (at 24" above grade) A Salix laevigata red willow 15" E3" Alnus rhombifolia white alder 16 ". 8' (2 trunks) C Quercus agrifolia coast live oak 24" D Quercus agrifolia coast live oak 21" E Quercus agrifolia coast live oak 12" F Quercus agrifolia coast live oak 15" G Quercus agrifolia coast live oak 30" H Juglans hindsii black walnut 14" 1 Juglans hindsii black walnut 12" J Juglans hindsii black walnut 8" K Prunus ilicifoiia stonefruit 6" L Quercus agrifolia coast live oak 20" M Quercus agrifolia coast live oak 10" N Quercus agrifolia coast live oak 18" a Quercus agrifolia coast live oak 30" P Pinus sp. exotic pine 12" Q Pinus sp. exotic pine 20" R Juglans hindsii black walnut 60" SCO Acer macrophyllum bigleaf maple 10" Tl Quercus agrifolia coast live oak 4" U' Quercus agrifolia coast live oak 12" �{ Quercus agrifolia coast live oak 4" Vj Juglans hindsii black walnut 20" Xl Juglans hindsii black walnut 247 * Diameters provided by client, and rechecked in the field in 2011. * Tree B was identified as an oak on base material provided by client. 00 Tree S was not identified for removal by the client, but based on our evaluation of project impacts and the tree's location we believe it will be impacted. i Trees T -X do not appear on Project plans and were identified and measured in the field by H. T. Harvey & Associates, in 2011. Based on their location, proximity to trees that were identified by the client to be removed, and our evaluation of project impacts, we believe these additional trees will be impacted. Note: Trees within the shaded rows are located within the City of Saratoga. The remaining trees are located within the Town of Los Gatos. _ .............._....... - -------- - ----- _ ........ ........ ...... ..... _ _... a .. _e . _ .._......___......� ... Quito Road Bridges Project Natural Environment Study 85 Z H. T' HARVEY & ASSOCIATES ECOLOGIC4L COIVSULT,4,vT5 Trei OAK O es TY/ r Te's�ee[ U10 TKE KN REMOVE PORTION OF E]CIS'rING CONCRETE WALL AND FOOTING T2" r Try eo TAM - IN- - -- 1 SAVE AND PROTECT PORTION OF EXISTING CONCRETE WALL AND FOOTING 00 00 12'0 OW Zro TRZ INS ow tom' ' z.•+ ` Tm xa"` Tw T ° ' REMOVE EXI NG CO � {� WALL AND FOftNG I 79 Figure 2: South Bridge (37C -113) Habitat Map Quito Road Bridges NES (1455 -03) November 2811 Legend Coast Live Oak Woodland _ Riparian Woodland Aquatic Developed BSA ■■■■' ■■ USAGE Jurisdiction CDFG Jurisdiction Location of Tree to be Removed Z H. T' HARVEY & ASSOCIATES ECOLOGIC4L COIVSULT,4,vT5 Trei OAK O es TY/ r Te's�ee[ U10 TKE KN REMOVE PORTION OF E]CIS'rING CONCRETE WALL AND FOOTING T2" r Try eo TAM - IN- - -- 1 SAVE AND PROTECT PORTION OF EXISTING CONCRETE WALL AND FOOTING 00 00 12'0 OW Zro TRZ INS ow tom' ' z.•+ ` Tm xa"` Tw T ° ' REMOVE EXI NG CO � {� WALL AND FOftNG I 79 Figure 2: South Bridge (37C -113) Habitat Map Quito Road Bridges NES (1455 -03) November 2811 1-0 20 au so Feet H. T' HARVEY k ASSOCIATES EC(JLO IC CoNSL'LTAR'TS We Aland rrrreeN USAGE Jurisdiction CDFG Jurisdiction Location of Tree to be Removed T(D Additional Trees to be Removed Figure 3: Forth Bridge (37C -114) Habitat Map Quito Road Bridges NES (1455 -03) November 2011 a_ 0 w DETOUR Douglass m QI LLl 1, X i I e San Marcos Rd Farwell �e P el � aano�ama o� 0 w C 0 day �a�nteC U tea, 0 o y � o Ur U 0 0 F� m S 0 500 1,000 1,500 2,000 Feet i anol30 d o ye�1 n�4101 r v .2 u pasol0 pa opno 41noS Monwer D £ Alle o .2 F w ndaleAve o ' o a v � w s > 'o ¢ c N 0 � Hyde Dr � aN r� r U m 2 o d o m 2 m 3 m o 2 O U S 3m 9 7 a 5� m GHQ � m 0 0 v Co 0 N Monte Vista Dr m n { ollard R 30 o r, P f NeWVU \eQr� 2 anO130 m O d > °o o e�oy j0 U) a Ga a >m C IL a a> O O v_ Hn013a+ ° +o� o v o —� iL a G_ 6 N CO a O +DETOUR P Vessing Rd N MonteWood or sa"o PUsUn Nay 9a -dos Gatos Rd,. R v N � a a Woo dbank W a O 4 �44in o Of way M 0 w i Bicknell Rd 0 � c J U Avon v DETOUR 0 s d a 0 0 Q a p T 6 oKne \\ (zd v 0 F O C an0130 Qc Ja 0 d. �a m Vineland Ave m U m Q N N a Quito Rd Closed to Thru Traffic 0 a DETOUR CO �slit4r /Onq�o Legend ---+ Detour Route —t— Sign ® Road Closed (in stages) FEH R � P E E RS QUITO RD BRIDGE REHAB I PRELIMINARY DETOUR PLAN N: \Projects \1025 -446 Saratoga NTMP \Phase 1 -TSC items \Quito Road Bridge Rehab ATTACHMENT A i FL .A- SkE plan -%tential ROW Approximate Aybential Area of �a fiaseLnenrAciBus,itiom ROW Easement Acquisition RM Haiage La[atiaas Fl ° m 2 13, Site Am Rwmtial ROW Easemew Acqui51.t1an5 QLy:m Rea i y. T—�– �i - _ --_� •... – -- - � --- : _ _: =9'T�, - .,. -.,,. _•.- .ado-. - °- ' r s Y - $Zd?e L caijom Approximate Pabeaaal Area of ROW A cquisidon 83 From: City Clerk fCrystal Botheliol To: Shaheen Sarwari Subject: FW: Quito Road Project Date: Thursday, October 31, 2013 12:11:29 PM Crystal Bothelio City Clerk I City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: 408.868.1269 1 Fax: 408.867.8559 Email: ctclerk @saratoga.ca.us I web: www.saratoga.ca.us On 10/31/13 6:34 AM, "Tina Coghlan" <tinacoghlan @gmail.com> wrote: >I am a home owner on Bicknell Road and have recently been informed, by a >neighbor, that the bridge project on Quito road will greatly effect the >wildlife, traffic, and integrity of our neighborhood. I am surprised >that, as a 30 year resident, I wasn't notified of this project by the >city. Unfortunately, with such short notice, I will be unable to attend >the Nov.6th meeting. Is a detailed illustration of the proposed work and >environmental study available for public review, and if so, where can I >see them? >Thank you for your prompt response, >Tina Coghlan >Sent from my iPad 01 From: City Clerk fCrystal Botheliol To: Shaheen Sarwari Subject: FW: Proposed Quito Road bridge project Date: Thursday, October 31, 2013 12:09:54 PM Crystal Bothelio City Clerk I City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: 408.868.1269 1 Fax: 408.867.8559 Email: ctclerk @saratoga.ca.us I web: www.saratoga.ca.us From: Virginia Hess <VHess(@ahklaw.com> Date: Thursday, October 31, 2013 11:45 AM To: Crystal Bothelio <ctclerk (@saratoga.ca.us> Cc: Randy Hess <RHessl @ ahk- law.com> Subject: Proposed Quito Road bridge project Our family has owned a home in the Old Adobe neighborhood of Los Gatos for over 25 years. We were distressed to find out about the above project only yesterday, with written objections due by noon today. We did not receive notice of the project, nor have we seen it discussed in local papers. We are concerned about the lack of notice and opportunity to comment on the project and question whether or not appropriate procedures have been followed. We feel as if the public agencies are rushing this project through, to avoid community involvement. Quito Road is a beautiful road. Every time we drive home we are so thankful to live in such a beautiful area. It is a jewel . What provisions are being taken to preserve this character? The documents available to the public do not detail what the bridges, retaining walls and creek walls will look like? Will they be ugly uncolored cement and steel? Will they blend in with the environment? Please work with the neighborhood to create a project that will compliment and not create an ugly scar in our neighborhood. Also, why do so many trees need to be removed? We are also concerned about traffic and safety issues in widening and straightening Quito. We already experience cars racing through the curves in an unsafe manner. With wider, straighter roads, we can see even more and faster racing. What mitigating efforts will be made to prohibit this? Can the speed limit be lowered? Can speed meters be installed? Please continue the hearing on Nov 6, so that our neighborhood may be provided with more information about the project and an opportunity to be informed citizens. Virginia and Randy Hess 111 Via de Tesoros Los Gatos From: Cij� Clerk rCrvstal Botheliol To: Shaheen Sarwari Subject: FW: Proposed Quito Bridge Replacement Projects Date: Thursday, October 31, 2013 12:10:07 PM Crystal Bothelio City Clerk I City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: 408.868.1269 1 Fax: 408.867.8559 Email: ctclerk @saratoga.ca.us I web: www.saratoga.ca.us From: Matthew Mahood <matthewma hood (@yahoo.com> Reply -To: Matthew Mahood <matthewma hood Pc ahoo.com> Date: Thursday, October 31, 2013 10:50 AM To: Crystal Bothelio <ctclerk(@saratoga.ca.us> Cc: Jill Hunter <jhunter(@saratoga.ca.us >, Emily Lo <elo(@saratoga.ca.us >, Howard Miller <hmiller(@saratoga.ca.us >, Manny Cappello <mcappelloCcDsaratoga.ca.us >, Chuck Page <caage(@saratoga.ca.us >, "JPirzynski (@LosGatosCA.gov" <JPirzynsl<iC@LosGatosCA.gov >, "mattm(c)sjchamber.com" <mattm(@sjchamber.com> Subject: Proposed Quito Bridge Replacement Projects October 31, 2013 Dear Saratoga City Council Members and City Clerk: My name is Matthew Mahood. ?Some of you may be familiar with me as I am the President & CEO of the San Jose Silicon Valley Chamber of Commerce. However, today I am writing to you on behalf of my family and fellow residents who live in the Old Adobe Road Neighborhood in Los Gatos. I want to express our sincere concern about the proposed Quito Rd Bridge Replacement project that you will be considering on your Council Agenda on November 6th. Myself and my neighbors have concerns about the negative impacts that this project, as proposed, will have upon our neighborhood and we just learned about this proposed project days ago - with very little time to study the project, understand it and NO opportunity to date to discuss the project with the city staff and agencies that have apparently been planning this project for a very long period of time. The immediate concerns are: 1. Local resident do not feel that have been allowed a "due process" to understand the project and to provide feedback. There has been no outreach into the effective communities. Local residents want to have an opportunity to be involved in the process and the shaping of their neighborhood. 0 2. Any update /changes to the Quito Rd area should be respectful of the character of the neighborhood and respect the "Sylvan Lake" nature of the area. 3. The number of trees removed from the area is significant and will negatively impact the entrance into the Old Adobe Rd neighborhood. And it will have a negative effect upon the wildlife is frequently sighted in the affected area. 4. Will traffic speeds increase on Quito Rd as a result of these changes? 5. How will children who attend Rolling Hills Middle School and Marshall Lane Elementary get to and from school, either by bike or walking, during a 12 month construction period? 6. A 12 -month construction period where Quito Rd is closed is unmanageable to local residents not just for our own transportation needs, but the impacts to our local residential streets due to detours and increased traffic. This is simply ridiculous. I look forward to attending the meeting with my fellow residents to express our views and to hear how the cities of Saratoga and Los Gatos will address our concerns. Sincerely, Matthew Mahood 248 Via la Posada Los Gatos, CA 95032 408 - 421 -0790 M 10131113 Saratoga City Council Macedonio Nunez Dear Councilpersons & Mr. Nunez: I was horrified to learn, 2 days ago, of your plans to rebuild two bridges on Quito Rd with accompanying straightening of Quito. Given that all public comment is to be in by noon today, it seems almost covert on your part to have so little publicity around such a major improvement. I understand that the bridges could be considered unsafe, and that you have funds by which to rebuild them. I do not understand • Why there is no EIR (or if there is an EIR, why it is not referenced in the project documents on your website http.f u ninv. saratog a. car.,usjcityliallleizvicega.asp) • Why you cannot mitigate the environmental damage on site rather than at La Rinconada Park. I am the streamkeeper for a reach of Smith Creek adjacent to the park and am intimately familiar with the park. Although I would agree with you it could use quite a bit of revegetation and invasives removal, San Tomas Aquino Creek is a more significant creek and deserves at a minimum equal respect. • How you knew you have to cut down 24 trees. I see no markings on trees at the site, and I have found no plans showing exactly where the construction is supposed to take place, with trees marked for removal • How you can vote to approve a project with this level of retaining walls, road widening, etc with no design documents. This stretch of Quito Road is one of the few sylvan lanes left in Silicon Valley. The oaks shading it are hundreds of years old. You are proposing to turn its beauty into yet another piece of cement, when you could rebuild the bridges in a way that respects the riparian environment and keeps the charm of our neighborhood. Please consider doing so. Thank you for your attention to this matter. :: Bicknell Rd, Los Gatos 408 483 4152 gcsparrow@comcast.net From: City Clerk (Crystal Botheliol To: Shaheen Sarwari Subject: FW: old adobe quito rd. Date: Thursday, October 31, 2013 12:11:11 PM Crystal Bothelio City Clerk I City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: 408.868.1269 1 Fax: 408.867.8559 Finail: ctclerk @saratoga.ca.us I web: www.saratoga.ca.us From: "pat.triplettPcomcast.net" <pat.triplett (@comcast.net> Date: Thursday, October 31, 2013 8:53 AM To: Crystal Bothelio <ctclerkPsaratoga.ca.us> Subject: old adobe quito rd. Just heard about the negative report on the future project on Quito Rd. Not preserving wild life and cutting many many trees. Hope all the people of Saratoga realize this is going on ?, And what does your Mayor have to say about cutting so many trees.? Does the word environment come into play in this future project? Jack and Pat Triplett (old adobe rd.) From: Cij� Clerk rCrvstal Botheliol To: Shaheen Sarwari Subject: FW: Quito road bridge project Date: Thursday, October 31, 2013 12:11:39 PM Crystal Bothelio City Clerk I City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: 408.868.1269 1 Fax: 408.867.8559 Email: ctclerk @saratoga.ca.us I web: www.saratoga.ca.us From: "loiorideC@comcast.net" <lojoride(@comcast.net> Date: Wednesday, October 30, 2013 6:40 PM To: Crystal Bothelio <ctclerk(@saratoga.ca.us> Subject: Quito road bridge project City Clerk, City of Saratoga, We are writing to voice our concern about the proposed project to replace two bridges on Quito Road at Old Adobe Road. We moved to this area of Los Gatos 20 years ago. One of the main draws to our buying a house in this area was the natural feel of Quito Road. We were drawn here by the slow meandering road, canopy of mature growth trees and the natural habitat along the creek. I love seeing the Stellar Jays that reside there and feel their habitat will be permanently destroyed with the removal of the mature trees. It would be devastating to see this change into a concrete jungle of retaining walls. • We feel this project is being rushed through and proper notice has not been given to the residents of the area. I only learned of this project less than 24 hours ago. No written notice from either Los Gatos or Saratoga has ever been delivered to our home. • We are concerned about the potential for speeding on Quito if the road is straightened. This will make it dangerous for pedestrians and bike riders. • We love the charm of the Old Adobe Road sign welcoming us back to the neighborhood and would hate to see that changed to an ugly steel and concrete retaining wall. • A 12 month closure of Quito Rd and traffic diversions into our neighborhood will be a nightmare of speeding cars and unsafe for the many people that now walk throughout the neighborhood. This could also be a potential problem for students of Rolling hills middle school and Marshall Lane School as motorist frustrated with the detours speed on Pollard to make up time for being detoured around the construction. We ask that the residents of this area be involved in the process and kept informed of changes that will affect our well being, property values, and charm of our neighborhood. Sincerely, .E Lorraine and Joe Rideau 115 Verona Ct. Los Gatos, CA 95030 91 Rob Balbuena From: City Clerk [Crystal Bothelioj Sent: Thursday, October 31, 2013 4:36 PM To: Rob Balbuena Subject: FW: Quito Road Bridges Project Crystal Bothelio City Clerk I City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: 408.868.1269 1 Fax: 408.867.8559 Email: ctclerk @saratoga.ca.us I web: www.saratoea.ca.us From: "Petra M. Jakobskrueger" <Petrai @creative partner.com> Date: Thursday, October 31, 2013 11:59 AM To: Jill Hunter <ihunter @saratoea.ca.us >, Emily Lo <elo@saratoga.ca.us >, Howard Miller <hmiller @saratoea.ca.us >, Manny Cappello <mcappello@saratoga.ca.us >, Chuck Page <cpaee @saratoga.ca.us >, Crystal Bothelio <ctclerk @saratoga.ca.us> Cc: 'Ralf Muenster' <ralf @creatiyepartner.com> Subject: Quito Road Bridges Project Dear City Council Members, While we appreciate your plan to replace the Quito bridges, we're very concerned about the effects the proposed project will have on our rural, wooded, neighborhood, the existing wildlife, and the environment: Wider, straighter roads and bridges will actually only promote more speeding, reckless driving, risk taking and will seriously endanger ANY child, pedestrian or bicyclist that use the sidewalk on Quito between Old Adobe and Sobey where I walk to school every day with my children. No one, except maybe residents, even remotely pays attention to the 25 MPH posted speed limit through that section of Quito. Rather than 'inviting' drivers to speed even more, we'd like to see some speed reduction measurements, e.g speed bumps. Our children and I walk to school every day using the dirt pathway on the west side of Quito Rd (in front of 14391 Quito Rd.) that goes over into the existing wider walkway on the west side of Quito. How will we be able walk safely to school when you widen the street on the west side of Quito and with that narrow the dirt pathway that's currently there? Do you intend to move the walkway into our neighbor's frontyard to maintain a decent sized walkway on that side of Quito? • By taking out 24 trees or more, this project will forever destroy the quaint Quito Road with its natural slopes and tree lined neighborhood and turn it into much more of main thoroughfare like Saratoga Ave with a lot of concrete, steel and ugly retaining walls. And, what about the environmental impact? Are there any plans to provide parking along Quito Road? And, what happens to the space where we currently put our trash cans? We ask to consider the following for the proposed project: 92 • Keep all changes in the character of the neighborhood and retain the wooded, rural charm of this stretch on Quito Road /interesction Old Adobe. Minimize tree removal and replace the removed trees on the same properties not at another location as homeowners are required to do the same. • Increase pedestrian safety - especially of the children walking to school from Quito and coming down from Old Adobe - by extending the walkway incl. curb on the west side of Quito Rd. all the way to bridge 37C -0114. (basically in front of 14391 Quito up to the bridge). Another safety measurment would be to have a crosswalk near the bridge as children coming down from Old Adobe need to cross Quito in order to get to school. • Reduce average traffic speed on Quito Road rather than 'inviting' to speed even more by putting speed reduction measurements in place, e.g. speed bumps. • No increase in traffic noise , e.g. due to cars speeding and accelerating; this is also the risk when you take out beautiful, old trees and replace them with concrete, steel, and retainer walls. • Street lights along Quito Road all the way to Old Adobe intersection and dedicated parking spaces. With kind regards, Petra Jakobskrueger & Ralf Muenster 14411 Quito Road Saratoga, CA 95070 408 - 871 -8500 93 From: City Clerk fCrystal Botheliol To: Shaheen Sarwari Subject: FW: Quito Road Bridges Project Date: Thursday, October 31, 2013 12:11:33 PM Crystal Bothelio City Clerk I City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: 408.868.1269 1 Fax: 408.867.8559 Finail: ctclerk @saratoga.ca.us I web: www.saratoga.ca.us From: Heather O'Leary <hfoleary(@gmail.com> Date: Wednesday, October 30, 2013 9:50 PM To: Crystal Bothelio <ctclerkC@saratoga.ca.us> Cc: Patrick O'Leary <pcoleary&c ahoo- inc.com> Subject: Quito Road Bridges Project We have many concerns on the proposed Quito Road Bridges project, how it will be handled and its impact on our community: We are upset about the short notice for such a lengthy (12 months) and drastic project; we just received a letter Thursday October 24th in the mail. The proposed detour route will increase traffic and motorist speeds through our neighborhood. Along Bicknell there are always people walking, riding bikes and children playing, the detour will cause higher risk of incidents with the increase in motorists and speeds. The site plans and potential right of way easement acquisitions posted on the City of Saratoga website are low resolution and vague making it difficult to understand what the completed new project will look like. Will our "Old Adobe Road brick wall" remain? There has been constant construction in our neighborhood. Last year they resurfaced our streets and currently they are ripping apart the newly resurfaced streets for the sewer project along Quito Road. It's poor planning and wasted money. The destruction and removal of 24 trees and impact on the natural wildlife seems excessively disruptive. We are very unhappy with the proposed plan, we urge you to offer less invasive solutions to replacing the two bridges. Thank you, 91 Patrick & Heather O'Leary 275 Old Adobe Road Los Gatos, CA 95032 415.971.5644 95 From: City Clerk (Crystal Botheliol To: Shaheen Sarwari Subject: FW: Concerns regarding plans for Quito Bridges Date: Thursday, October 31, 2013 12:11:41 PM Crystal Bothelio City Clerk I City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: 408.868.1269 1 Fax: 408.867.8559 Finail: ctclerk @saratoga.ca.us I web: www.saratoga.ca.us From: Debbi Behrman <dragonflydebbi (@gmail.com> Date: Wednesday, October 30, 2013 4:18 PM To: Crystal Bothelio <ctclerkPsaratoga.ca.us> Cc: Town of Los Gatos <manager6Dlosgatosca.gov> Subject: Concerns regarding plans for Quito Bridges Dear City Clerk, I am writing to express my concerns regarding plans to replace to bridges on Quito Road. I am a Los Gatos resident who lives off Old Adobe Road, and I only heard about this proposed project yesterday, yet my neighborhood will be affected for a year if these plans are implemented in their current form. Quito Road and the Old Adobe Neighborhood are a very special place to live. We treasure our quiet windy road, and the wildlife and nature we live with. Any changes made to this peaceful, lovely place should be done with the involvement of the residents, and should be as minimal as possible in order to retain those things that make this a special place to live. I am specifically concerned about the following: 1. It is unclear to me why so much additional land is required to replace the bridges. Quito Road today is narrow, and requires that traffic move slowly and carefully along it. The odd speed limit sigs (of 17 and 19 mph) have helped raise awareness and caution while driving along the road. Widening and straightening Quito would create a sense that it is safer to speed along Quito, which could increase accidents. When I look at the land to be acquired, I do not get a sense that it would be a "slight" roadway adjustment, as described in the project description. It appears to be far more land than is necessary for the roadway. 2. The descriptions of the 5 retaining walls are unclear and there are no drawings /photographs that indicate what the impact of those retaining walls would be or what they would look like. In the absence of any sense of what this would look like, I am concerned that the creek would be enclosed in a concrete channel which would not be helpful in handling flood situations. 3. The use of Pollard Road and More Avenue as a detour for 12 months is just plain crazy. This road simply cannot handle additional traffic. At the top of More, near Montclair, the water district often closes a lane for loading /unloading or construction purposes (this happens at least monthly). When this happens traffic backs up quickly right into the neighborhood. If we can't exit the neighborhood at Old Adobe or Montclair and there is a closure on More, we are stuck. Furthermore, this detour routes significant traffic right past Rolling Hills Jr. High, where there are already serious safety issues at the beginning and end of the school day. Between Roxbury and Pollard, More is divided down the center to reduce it's desirability as a cut through. Adding more cars to that stretch of road will make it difficult if not impossible for residents to get out of their driveways during busy times of the day. 4. The current closure of Quito Road routes cars around West Valley College, and not through Sobey Road. Why is it ok to route cars on More and Bicknell, when it's not ok to detour cars on Sobey? Is it because Sobey is in Saratoga, which is spearheading this project, and More and Bicknell are in Los Gatos? I don't seriously believe this is the case, but it does raise questions. I grew up in this area, learned how to drive on Quito, and have lived in the Old Adobe Neighborhood for 20 years. It feels like this project is being pushed by Saratoga, hasn't involved the residents in the planning or discussions, and has a far greater impact on the quality of life, including the wildlife, than it needs to have. I understand the need to have safe bridges, but I think this project oversteps what it takes for that to happen. I would like to see greater involvement by the impacted community, less destruction to trees and habitat, a smaller footprint of land to be taken for the project, and more thought given to the impact of the proposed detour, particularly since it is for such a long time. I am also distressed not to see the involvement of the town of Los Gatos. Thank you, Debbi Debbi Behrman Principal, Dragonfly Consultants Rescue Rep, Golden Gate Labrador Retriever Rescue dragonflydebbi _amail.com 408.354.1676 Apologies in advance for any typos when sent from my phone! 97 From: City Clerk (Crystal Botheliol To: Shaheen Sarwari Subject: FW: Replacement of Quito Road Bridges - Concerned Neighbor Date: Thursday, October 31, 2013 12:11:46 PM Crystal Bothelio City Clerk I City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: 408.868.1269 1 Fax: 408.867.8559 Email: ctclerk @saratoga.ca.us I web: www.saratoga.ca.us From: Laura Robinson <lrobinson155PCOmcast.net> Date: Wednesday, October 30, 2013 3:42 PM To: Crystal Bothelio <ctclerkPsaratoga.ca.us> Subject: Replacement of Quito Road Bridges - Concerned Neighbor Dear City Clerk: Please document this as an objection to the proposed City Project "Replacement of Quito Road Bridges" from myself and my husband; Laura Robinson and Richard Robinson. We live at 155 Via De Tesoros in the Old Adobe Neighborhood for the past 20 years where this proposed project is being considered. The following list of reasons why we are not in support of this project to date and wish to go on record as opposing the project until the following can be addressed to our satisfaction. 1. Not everyone affected in the Old Adobe Neighborhood received project notice and many neighborhood residents feel this is being rushed and Saratoga is not allowing "due process ". 2. The prospective plans will create a lot of issues for the Old Abode Residents, like MORE speeding on Quito and Old Adobe Roads. 4.Why do so many trees have to be removed? This project seems to impact the wildlife in a negative way. Has a environment study been completed? 5. The residents of Old Adobe Neighborhood want an opportunity to be involved in this process and the consideration of other alternative options. Regards, Laura and Richard Robinson Name: Address: Contact info: Profession: Replacement of Quito Bridge Project Chuck Bona � T MEodED OCT 3 12013 By 14449 Quito Road, AF1V #397- i]5 -ii95 chb42 @yahoo.com / 415 602 -4221 Licensed CA Building and Engineering Contractor, CSLB #816532 Formal Submittal of Communications My name is Chuck Bona. My family and I reside at 14409 Quito Road, Saratoga. Please accept the fallowing as my formal submittal: Questions: • Why has the project grown beyond it's original scope of work which was simply to replace the two bridges especially when it exceeds the appropriated funding? + As with most any engineering /construction project in the state of CA, why haven't all residents in the project area received detailed submittal information as required by law + What is the predefined ingress /egress plan insuring our capacity to co -exist without experiencing delay; to Quito as well as our property entrance • What is the predefined plan for garage pick up Thursday mornings • What is the predefined plan to minimize the adverse impact of imminent airborne construction debris /soot • What is the predefined plan to remedy and /or reimburse adjacent property owners to clean up imminent and likely extensive airborne construction debris /soot to their homes and vehicles • According to the conceptual drawings, it would appear that about 5 feet of the actual driveway entrance is going to be acquired. What is the basis of this agenda ... we need detailed information • Given the current and obvious need, now exasperated with eventual detours, what is being done to provide a safe crosswalk across Sobey at Quito: the potential liability of children /people being struck by vehicles will be greater than ever; this crossing has long needed a formal crosswalk and a lighted reflector system to insure safety of all commuting to and from the school Concerns: • We need assurance that the natural setting that currently exists will not be sanitized with concrete and other "non - natural" looking architecture causing adverse impact to the area and /or property values • We are greatly concerned about loss of heritage trees as well as opening up our property to more noise from Quito Road • We need to be provided assurance that enough and similar vegetation would be replanted after construction to attenuate the sound from Quito Road as well as to maintain the current natural setting • For the safety of our children and to insure uninterrupted ingress /egress, we need to have assurance of NO intrusions onto our private driveway during construction and that any contractor doing so would realize stiff penalty • If our entrance is to be reworked, what is the predefined plan to repave our driveway (e.g. with Impervious pavers to compensate for the environmental damage they will be causing) +. Friday, November 1, 2013 8:44:11 AM Pacific Daylight Time Subject: Quito Rd Bridges in the Old Adobe Neighborhood Date: Thursday, October 31, 2013 5:39:46 PM Pacific Daylight Time From: nikl<ar @comcast.net To: City Clerk [Crystal Bothelio] CC: bspector @losgatosca.gov, Jill Hunter Hello, Our family as called the "Old Adobe" neighborhood home for the last 14 years. We have raised our children here much like many in our community. I'm writing this note, because we in our minds consider the entire area along Quito Rd as "our community ", independent of manmade boundaries, and something to preserve for future generations. So, even though I'm officially a Los Gatos resident I kindly ask you to consider my comments as part of this project. First, with sincerity, I say congratulations for finding a path, financially, to replacing the aging infrastructure. After almost 100 years the bridges are due for an upgrade. Clearly the effects of accidents and nature are evident. I drive over them daily, and run over one weekly. During the replacement process we ask for you to consider the following salient points- 1 . A clear neighborhood outreach program to show the new designs and details of the project. 2. Please gather and consider the input of the "community of Old Adobe ". 3. Please communicate a clear schedule of the project and when the community will have an input on the final design. 4. We feel we need to minimize our impact on nature, so please consider preserving the "heritage oaks ". They can only be replaced by nature and over multiple centuries. They remind us of the resiliency of nature and yet how fragile they can be to "man's tools and progress ". 5. The new bridge structures, retaining walls, and creek beds need to "blend in" with nature, having retaining walls and creek bed line with sterile concert is visually unappealing, unsightly, and have a negative impact on the environment, as they are non - porous surface. 6. Please give design considerations to the utilities on and around the bridges, so they too can have a minimal impact on surrounding areas and are located so if and when we get around to underground of them along the entire Quito Rd, the bridges are "ready to accommodate them" 7. Please consider more than 2 detour routes as the streets of Bicknell and Montclair have heritage oaks that can be damaged and abused by large tall vehicles. These streets are residential and have families walking and children playing, increasing thru traffic on these streets may pose a safety hazard We thank you for considering our points and hope you have a productive, fact based meeting on the 6th of November. Thank you Anil and Milan Patel 100 Page 1 of 2 108 Via De Tesoros, Los Gatos 101 Page 2 of 2 Friday, November 1, 2013 1:53:04 PM Pacific Daylight Time Subject: FW: Quito Road Bridges Project Date: Friday, November 1, 2013 1:52:08 PM Pacific Daylight Time From: Jill Hunter To: City Clerk [Crystal Bothelio] - - - -- Original Message---- - From: Ginger Good [ mailto:villavisCcDix.netcom.com] Sent: Friday, November 01, 2013 10:42 AM To: Jill Hunter; Emily Lo; Howard Miller; Manny Cappello; Chuck Page Subject: Fw: Quito Road Bridges Project Subject: Quito Road Bridges Project Dear City Council Members, As thirty six year residents of 14391 Quito Road, we are pleased that you are about to replace our bridges. We question why the city failed to notify residents of the project and hope, in the future, Saratoga will inform citizens of important changes in their area. We implore you to rethink the ease of driving Quito Road; please make it harder to drive any faster. We question the removal of approximately twenty four trees which the city is presently unable to identify. The city's tree removal requirement mandates replacement on the same property as removal, not two miles away. Surely the city should not have privileges denied the homeowners. We appreciate your rethinking the enormous bridge project and look forward to your meeting November 6. Yours sincerely, Virginia and Robert Good Ginger Good 14391 Quito Rd. Saratoga, CA 95070 (408) 866 -2626 Ginger Good 14391 Quito Rd. Saratoga, CA 95070 (408) 866 -2626 102 Page 1 of 1 SARATOGA CITY COUNCIL MEETING DATE: November 6, 2013 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Kate Bear, City Arborist DIRECTOR: James Lindsay SUBJECT: Adoption of Tree Risk Management Policy and Amendment of Zoning Code 15- 50.040 RECOMMENDED ACTION: 1. Conduct a public hearing; 2. Approve the resolution adopting the Tree Inspection and Risk Management Policy; and 3. Introduce and waive the first reading of the attached ordinance amending Section 15- 50.040 of the City Code and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. REPORT SUMMARY As part of its ongoing effort to promote a thriving urban forest, staff has developed a Tree Inspection and Risk Management Policy and an amendment to the City Code to clarify maintenance responsibilities for street trees. Urban forest health is enhanced by regular inspections and proper care of trees, as well as selection of and planting appropriate species based on their shape, size at maturity, and need for space. These practices can also reduce the number and severity of tree related claims against the City; a primary goal for the Risk Management Committee and the City's insurance carrier. The attached resolution (Attachment 1) adopts a Tree Inspection and Risk Management Policy that identifies trees that are the City's responsibility, lists their locations, provides an inspection schedule, creates a mechanism to track resident complaints to the City, and outlines a process to address and resolve potential problems. The attached Ordinance (Attachment 2) clarifies Section 15- 50.040 of the Zoning Code which takes responsibility for certain trees in the public right of way even when the underlying land is private property. The amendment replaces generic references to types of streets with the names of the specific streets in question for clarity, and for completeness it lists other types of City property where the City has maintenance responsibility; it does not change the scope of the City's responsibilities. The amendment would also transfer tree maintenance responsibility from the Community Development Department to Public Works. The Planning Commission has reviewed the Ordinance and recommends approval (Attachment 3 — Pc Resolution 13 -036). INVENTORY STATUS As part of the urban forest management plan the City initiated an inventory in 2007 to identify City owned and maintained trees. Trees in parks, on Big Basin Way and Cox Avenue, in the parking districts, and on City arterial median islands were identified, measured, geo- located and 103 mapped by student interns. In 2012 and 2013 street trees on the City's main arterials (Saratoga Avenue, Fruitvale Avenue, Allendale Avenue, Prospect Road, Quito Road, and Saratoga - Sunnyvale Road) were inventoried by a contractor. These trees were identified, measured, geo- located, mapped, and assigned a condition rating. To date, approximately 4,000 City trees have been inventoried. Approximately 4,000 trees in Hakone Gardens and Landscape and Lighting Assessment Districts (listed in Appendix B) still need to be inventoried. ENVIRONMENTAL DETERMINATION: The proposed policy and ordinance are 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 the Planning Commission recommends and amendment to the existing Zoning Code to clarify the section. Adoption of a Tree Risk Management Policy also will not have an impact on the environment. Although the City is exempt from its Tree Regulations, and the need to meet specific tree removal criteria prior to removing a tree, the policy stipulates that the City will adhere to the Tree Regulations unless an emergency situation arises, or a tree is dead or has fallen. FISCAL IMPACT(S): There are no negative fiscal impacts associated with the approval of the proposed ordinance and resolution or the adoption of the Tree Risk Management Policy. The cost to inventory and update information on approximately 8,000 trees is anticipated to be approximately $45,000. Staff will solicit proposals for each Landscape and Lighting Assessment District Zone to establish budgets for those areas. A separate budget for tree inventory work at Hakone will be requested in fiscal year 2014 -15. Recurring costs to update the existing inventory are anticipated to be $25,000 every five years. Funds will be from one of three accounts — the General Fund for parks, the Streets/Roads Fund for median islands and street trees, and assessments for the Landscape and Lighting Districts. ALTERNATIVE ACTION(S): None FOLOW UP ACTION(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 October 22, 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. 104 ATTACHMENTS: 1. Resolution Adopting Tree Inspection and Risk Management Policy 2. Ordinance Amending City Code 15- 50.040 3. PC Resolution 13 -036 recommending adoption of Zoning Code Amendment ZOA13 -0008 105 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING A TREE INSPECTION AND RISK MANAGEMENT POLICY WHEREAS, the City of Saratoga has a thriving urban forest and has been designated as a "Tree City USA "; and WHEREAS, the City of Saratoga is committed to responsible stewardship of trees in the City; and WHEREAS, the attached Tree Inspection and Risk Management Policy was developed by the City Arborist in consultation with other tree management professionals. NOW THEREFORE, the City Council of the City of Saratoga hereby adopts the attached Tree Inspection and Risk Management Policy. PASSED AND ADOPTED by the City Council of the City of Saratoga on this 6t" day of November 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Crystal Bothelio, City Clerk 517438.1 106 Jill Hunter, Mayor TREE INSPECTION AND RISK MANAGEMENT POLICY I. PURPOSE This policy establishes guidelines and procedures to inspect and manage City trees in order to promote the health, safety, welfare, and quality of life for all city residents and visitors. Private trees are not subject to this policy and shall be under the care and responsibility of the private property owner. II. AUTHORITY AND RESPONSIBILITY This policy was adopted by the City Council on November 6, 2013 for use in the management of risk for City trees. Inspection of City trees shall be the responsibility of an Arborist certified by the International Society of Arboriculture under the direction of the Public Works Director. The Director is responsible for maintenance, removal, replacement, and planting of City trees and may delegate that responsibility in writing. III. DEFINITIONS For the purposes of this policy the following definitions shall apply: A. Arborist: a person designated as such by the Director of Public Works who has demonstrated knowledge and competency by holding a current International Society of Arboriculture arborist certification. B. City tree: Any tree that is located in the areas described in Appendix A and B. All other trees are Private trees. C. Director: the Director of Public Works or a person designated as such in writing by the Director of Public Works. D. Inspection. An inspection of a tree using either the Level 1, Level, 2, or Level 3 assessment methodology summarized in Appendix C. E. Private Trees: Any tree on private property or on a City street or right of way other than those specified in Appendix A and B . F. Risk Manager: The City Manager or person designated by the City Manager as Risk Manager. G. Target: People, objects (e.g. vehicles, structures, etc.) or locations that could be subject to damage by a tree. Target also includes conditions that pose an imminent risk of injury or damage to persons or property by all or part of a tree (e.g. tree root raising a sidewalk to create a tripping hazard). 2 107 H. Unsafe Condition: Any circumstance in which there is an imminent risk of all or part of a tree falling or otherwise acting on a target in a manner that would pose an imminent risk of injury or damage to persons or property. IV. Tree Inventory The Director shall develop and maintain a tree inventory listing the following information for each City tree: Species of tree, diameter at 54 inches above grade (diameter at breast height or DBH), and global positioning system location of tree The inventory shall be completed by the Director as funding is available. City trees planted after the effective date of this policy shall be added to the inventory at the time of planting. V. Tree Inspections All City trees measuring 10 inches or more in diameter at breast height shall be inspected as set forth below. A record of inspections shall be kept by the Director. For each tree, the inspection report shall note any defects, whether follow -up maintenance is required and, if so, the date by which that maintenance should be completed. Where the recommended maintenance is not feasible, the Director and the Arborist shall identify and carry out alternative measures to address the circumstances leading to the recommendation. Follow up work will be described in the inspection record with the completion date and confirmation that the work was completed. Inspections of City trees shall be Level 1 inspections either on foot or by vehicle in accordance with ANSI A300 (Part 9) — 2011 Tree Risk Assessment. If a Level 1 inspection identifies a need for additional inspection, a Level 2 inspection will occur. Schedule of Inspections: a. The Director shall ensure that each City tree is inspected at least once every twelve years or more frequently if necessary due to age, structural defects or other conditions warranting more frequent inspection b. As Needed Inspections - -The Arborist will inspect City trees that are reported to be potentially at risk by members of the public or City staff regardless of the size of the tree. If such inspection reveals signs of stress or damage, surrounding and nearby City trees will also be inspected by the Arborist to assure acceptable condition. The Arborist 1: may accelerate the frequency of scheduled inspections to address "at risk" or deteriorating conditions identified during any inspection. VI. TREE MAINTENANCE GUIDELINES All City trees shall be maintained as set forth below. A record of maintenance shall be kept by the Director. A. Pruning All work on City -owned trees shall be in accordance with the most current edition of the following industry standards: ANSI A300 (Part 1) — 2001 Pruning, and ANSI Z133.1 -2006. State and federal regulations prohibit the disturbance and destruction of many active bird nests. November through February is the optimal time to prune in order to avoid bird nests. B. Insect And Disease If trees are infested with pests or infected with a disease and treatment is warranted, the problem shall be identified and targeted with a specific and timely treatment. If the pest or disease situation creates an unsafe condition, measures to mitigate risk will be taken. Those measures include pruning out diseased portions of the tree, or removal of the tree if warranted as determined by the Arborist in accordance with section VII of this policy. C. Fruit Control If fruit production of a City tree becomes an unsafe condition the Director shall undertake appropriate fruit control measures. VII. TREE REMOVAL A. In General Although the Tree Regulations in the City Code do not apply to the City, the City will remove trees that would be subject to the City's Tree Regulations only when removal would be authorized based upon the removal criteria specified by those regulations except in cases of emergency. If the Director, following consultation with the Arborist, believes removal of a City tree other than a dead or fallen City tree is warranted, the Director shall provide notice of the intended removal to owners of properties within 150 feet of the tree. The tree removal shall be scheduled no sooner than 16 (sixteen) days from the date of the final decision to allow time for appeals of the decision to the City Council. If a tree removal decision is appealed, the removal shall be postponed 0 109 until a date after the City Council's consideration of the appeal. Notice is not required for removal of a fallen City tree. Notwithstanding the foregoing, consistent with section 15- 50.060 of the City's tree regulations, if the condition of a City tree presents an immediate hazard to life or property, it may be removed without notice on order of the City Manager, the Director, the Community Development Director, their designated representatives, or a Peace Officer, or the fire department having jurisdiction. B. Tree impact on Walkways, Paths and Roads. If a City tree has been found to be elevating a sidewalk or walkway to a degree greater than one half inch, or exhibiting cracks of 1/4 inch or wider, or tilting more than 2% in the cross slope, the Director shall promptly take one of the following actions: 1. The sidewalk can be ground down or cut to reduce the elevation; or 2. The sidewalk can be removed and replaced. If the sidewalk is to be removed and replaced, the Arborist will assess the situation following the removal of the sidewalk and make a determination about whether roots may be cut, or the tree should be removed and replaced in accordance with City Code 15- 50.080. 3. If the tree cannot withstand the removal of roots without being compromised, and removal of the tree is not authorized by City Code 15- 50.080, the sidewalk repair will be made using an approved replacement or modification method which best corrects the anomaly while minimizing harm to the tree. C. Determination of unsafe trees. A tree must be evaluated and determined to exhibit an unsafe condition before it can be removed for safety reasons. The Director shall mitigate or abate any known unsafe condition of a City tree. Upon direction from the Director, the Arborist shall assess the risk potential of City trees using the following criteria: If a tree possesses a structural defect that may cause the tree or a part of the tree to fall on a target, and the risk of the fall is determined to be imminent, the tree is considered unsafe. If the unsafe condition cannot be mitigated to an acceptable level through measures other than removal and the target of the potential unsafe condition cannot be removed, then removal of the tree shall be authorized by the City to abate the condition. 110 VIII. REPLACEMENT AND PLANTING OF TREES The Director shall replace City trees that are removed with the same or a similar species in the same general location unless soil, terrain or other conditions make another type or location for planting more appropriate. In locations where new trees are needed the species of new trees shall be approved by the Arborist and shall meet International Society of Arboriculture guidelines. Selection criteria will include, but not be limited to, height and size at maturity with resulting impact on hardscapes, curbs, gutters, walkways, and utilities, predicted longevity, and maintenance requirements. XIX. COMPLAINT RESPONSE A. Complaints regarding City trees will be entered into a database where they can be tracked. Copies of the complaint will be provided to the Director (with a copy to the Risk Manager) who shall determine the appropriate response to the complaint. B. The City will endeavor to respond to complaints about City trees within two business days of receipt of complaint, not including days that City offices are closed. If a complaint concerns a tree that the complainer believes poses an immediate threat to public health and safety and City offices are closed, the complaint shall be filed with the Sheriff's Department. XX. REFERENCES American National Standard for Tree, Shrub, and other Woody Plant Maintenance — Standard Practices ANSI A300 (Part 1) — 2001 Pruning American National Standard for Tree Risk Assessment (a. Tree Structure Assessment) — ANSI A300 (Part 9) — 2011 American National Standard for Arboricultural Operations — Safety Requirements ANSI Z133.1 -2006 111 Appendix A - City Owned Trees Inspection Schedule 112 Park Inventory Date Most recent Inspection Next Inspection Inspection interval 1 Azule Park 2007 2007 2017 10 years 2 Beauchamps Park 2011 2011 2021 10 years 3 Brook glen Park 2010 2010 2020 10 years 4 Congress Springs Park 2009 2009 2019 10 years 5 El Quito Park 2007 2007 2014 10 years 6 Foothill Park 2010 2010 2020 10 years 7 Gardiner Park 2008 2008 2019 10 years 8 Hakone Gardens TBD 2011 2021 10 years 9 Historic Park 2010 2010 2017 10 years 10 Kevin Moran Park 2011 2011 2018 10 years 11 Ravenwood Park 2009 2009 2016 10 years 12 Wildwood Park 2008 2008 2015 10 years 13 Quito Rd @ Pollard Rd TBD 2011 2016 10 years 112 Street (trees within ROW ) Inventory Date Most recent Inspection Next Inspection Inspection interval 1 Big Basin Way 2008 2008 2018 5 years 2 Cox Avenue 2012 2012 2018 5 years 3 Fruitvale Avenue 2013 2013 2018 5 years 4 Prospect Road 2013 2013 2018 5 years 5 Quito Road 2013 2013 2017 5 years 6 Saratoga Avenue 2013 2013 2018 5 years 7 Saratoga - Sunnyvale Avenue 2013 2013 2018 5 years 112 Property Inventory Date Most recent Inspection Next Inspection Inspection Interval 1 City Hall /Civic Center 2011 -- 2014 7 years 2 Library 2011 -- 2015 7 years 3 Orchard 2011 -- 2016 10 years 4 Blaney Plaza 2011 -- 2017 7 years 5 Saratoga Prospect Center TBD -- 2018 112 Appendix A - City Owned Trees Inspection Schedule (continued) 113 Street Median Islands & Parking Districts Inventory Date Most recent Inspection Next Inspection Inspection interval 1 Allendale TBD -- 2013 5 years 2 Fruitvale Avenue 2010 -- 2014 5 years 3 Prospect Road TBD -- 2015 5 years 4 Saratoga Avenue 2010 -- 2015 5 years 5 Saratoga - Sunnyvale Avenue 2009 -- 2014 5 years 6 Austin /Bainter 2010 -- 2018 7 years 7 Squirrel Hollow 2010 -- 7 years 8 Corner of Canyon View @ Elva TBD -- 2013 7 years 9 Seagraves median TBD -- 2014 7 years 10 Parking District #1 2010 -- 2015 7 years 11 Parking District #2 2010 -- 2016 7 years 12 Parking District #3 2010 -- 2017 7 years 13 Parking District #4 2010 -- 2018 7 years 14 Montalvo @ Audry Smith TBD -- 2020 7 years 113 Appendix B - Landscape and Lighting Districts — Schedule of Inspection Districts that have lighting only, and not landscaping, are not included in the above list. 114 Landscape District Inventory Most recent Next Inspection improvement areas Date Inspection Inspection interval Arroyo de Saratoga TBD 12 years 1 Zone 11 2013 2025 Beauchamps (Zone TBD 12 years 2 16) 2014 3 Bellgrove (Zone 26) TBD 2012 2024 12 years Bonnet Way (Zone TBD 12 years 4 15) 2009 2016 Brookglen LLA (Zone TBD 12 years 5 34 ) -- 2014 Carnelian Glen (Zone TBD 12 years 6 33 ) 2015 Cunningham / TBD 12 years 7 Glasgow Zone 27 -- 2016 Fredericksburg (Zone TBD 12 years 8 2 ) 2017 9 Gateway (Zone 32) TBD -- 2024 12 years 10 Greenbriar Zone 3 TBD -- 2016 12 years Horseshoe Dr. (Zone TBD 12 years 11 31 ) 2017 Kerwin Ranch (Zone TBD 12 years 12 28) -- 2018 Leutar Court (Zone TBD 12 years 13 12) -- 2018 14 Manor Drive Zone 1 TBD 2012 2019 12 years McCartysville (Zone TBD 12 years 15 9 ) -- 2019 Prides Crossing TBD 12 years 16 Zone 22 -- 2020 17 Quito (Zone 4) TBD 2020 12 years Saratoga Legends TBD 12 years 18 Zone 25 -- 2021 19 Sunland (Zone 17) TBD 2011 2023 12 years 20 Tollgate (Zone 29) TBD -- 2021 12 years Tricia Woods (Zone TBD 12 years 21 10 ) 2022 Village Commercial TBD 5 years 22 Zone 24 -- 2015 Districts that have lighting only, and not landscaping, are not included in the above list. 114 Appendix C — Description of Assessment Levels Process of a Level 1: Limited Visual Assessment • Identify location or selection criteria of trees to be assessed • Determine most efficient route and document the route taken • Assess the tree(s) of concern from the defined perspective • Identify trees needing a higher level of assessment and /or prompt action • Document tree inspection and recommended actions Process of a Level 2: Basic Assessment • Locate and identify trees to be assessed • Determine the targets and target zone for the tree or branches of concern • Review site history, conditions, and species failure profile • Assess general tree health • Inspect tree visually — use of mallet, probe or binoculars ok • Determine mitigation options and estimate residual risk for each option • Document findings including likelihood and consequences of failure Process of a Level 3: Advanced Assessment — may include some or all of the following • Site evaluation • Target analysis • Aerial inspection • Health evaluation • Testing for decay using boring /resistance /sonic /electrical impedance tomography or other methods as specified • Analysis of storm /wind load 517429.2 115 10 ORDINANCE AN ORDINANCE AMENDING SECTIONS 15- 50.040 OF THE SARATOGA CITY CODE CONCERNING STREET TREES THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: Findings 1. The City Council of the City of Saratoga wishes to clarify provisions of the City Code concerning responsibility for street trees in the City of Saratoga. 2. This ordinance amends provisions of the City's zoning regulations in Chapter 15 of the Code. These amendments were considered by the Planning Commission of the City of Saratoga and following a duly noticed public hearing on October 9, 2013, the Planning Commission recommended adoption of the ordinance. 3. The City Council of the City of Saratoga held a duly noticed public hearing on November 6, 2013 and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Section 15- 50.040 of the Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double - underlined font (e.g., bold double - underlined) and text to be deleted is indicated in strikeout font (e.g., Wit). Text in standard font is readopted by this ordinance. 15- 40.040 Street Trees (a) Policies and standards. The Ceff m+ unity Development Public Works Director shall adm in ister implement as established from time to time by resolution of the Planning Commission e City Council. (b) Planting required as condition of approval. The planting of street trees may be required as a condition of any approval granted under this Chapter. (c) Responsibility for maintenance. The City shall provide maintenance for street trees and other trees located within the areas listed below a eommer-eial distf iet „a -A•-*°ria r ads unless such maintenance responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the City_ 116 i Within the City right of way on the following streets: Allendale Avenue, Big Basin Way, Saratoga Avenue. Saratoga Sunnyvale Road. Cox Avenue. Quito Road. Prospect Road. and Fruitvale Avenue. and within anv median on anv City street: ii) Landscaping and Lighting District improvement areas for zone that include tree planting and maintenance as part of the authorized activities: and iii) Land owned and operated by the City, including, theCivic enter complex. library and orchard. Prospect Center. parks in the City's Park Master Plan, and parking districts. In all other areas of the City, the City shall not e ,,. uet but shall e ntfo 'he r4 lie r rt'?* of way; the owner or occupant of stlelrthe property including property encumbered by a public right of way) on which any street tree is located shall be responsible for the maintenance and removal (if necessary to protect public safety) of such street trees -en the r pet4 , and in the publ ,, r ght of way .,butting the r pet4<, This includes. but is not limited to, compliance with section 10- 05.030 regarding obstructions ofstreets, sidewalks, and intersections. Section 2. Severance Clause. The City Council declares that each section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance. If any section, sub - section, paragraph, sub - paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance regardless of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 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 and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. 117 Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly notice public meeting the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th of November, and was adopted by the following vote following a second reading on the 20th of November. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Jill Hunter MAYOR OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY 517426.2 ATTEST: Crystal Morrow CLERK OF THE CITY OF SARATOGA Saratoga, California 118 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 13 -036 Application ZOA13 -0008 Amendments to Chapter 15 of the City Code The City of Saratoga Planning Commission finds and determines as follows with respect to the above- described application: WHEREAS, during the review and implementation of Chapter 15 of the City Code (Zoning), staff identifies specific code sections which are difficult to interpret, or have been preempted by changes to California law. The proposed amendments to Cade Section 15- 50.040 are shown in Attachment 1. WHEREAS, on October 9, 2013 . the Planning Commission held a duly noticed Public Hearing on the legislation described above at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. Tile Planning Commission considered the amendments, Staff Report, correspondence, presentations from the public, and all testimony and other evidence presented at the Public Hearing. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1, The recitals set forth above are true and correct and incorporated herein by reference. Section 2; The legislation described in the recitals is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Public resources Code Sections 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, the minor amendments are clarifying only and would have a de minimis impact on the environment. Section 3: Amer careful consideration of the staff report and other materials, exhibits and evidence submitted to the City in connection with this matter, the Planning Commission of the City of Saratoga does hereby recommend to the City Council to amend the City Code as shown in Attachment 1. 119 PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 9`h day of October 2013 by the following vote: AYES: Almalech, Bernald, Grover, Smfullen, Walia & Zhao NOES: ABSENT: Hlava ABSTAIN: Mary -Lynne Bernald, 'Nice Chair, Planning Commission Attachment: 1. Proposed Amendments to Section 15- 50.040 of the Zoning Code 2 Application No. Zt7eAll -0002 120 »SARATOGA CITY COUNCIL MEETING DATE: November 6, 2013 AGENDA ITEM: Old Business DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DIRECTOR: Michael Taylor SUBJECT: Renewal of Facility Use Agreement with Saratoga Area Senior Coordinating Council RECOMMENDED ACTION(S): Accept report and adopt a Resolution authorizing the City Manager to execute the Agreement for Use of Facilities with the Saratoga Area Senior Coordinating Council. REPORT SUMMARY: The City of Saratoga has helped support the Saratoga Area Senior Coordinating Council ( SASCC) since 1981 through direct financial support and a Facilities Use Agreement that allows the organization to use City facilities at reduced or no cost. The previous agreement was renewed in March 2009 for a term of four years. That agreement expired June 30, 2013. SASCC requested an extension of the agreement through December 2013 which Council approved on May 15, 2013. In return for the use of the facilities and a contribution to equipment maintenance and repair expenses, SASCC provides a variety of services to the senior community. These services are outlined in Exhibit B of the agreement. Furthermore, additional measurable objectives are outlined in Exhibit E of the agreement. Staff considers SASCC's compliance with these goals to be complete. Specifically, SASCC was able to provide reports pertaining to attendance; trends, and programs. SASCC also provides budget information and monthly financial reports to the City. SASCC continues to investigate operational improvements and new models and systems for providing services to the area senior population. These operational changes include an increased focus on healthy aging and referrals through partnerships and collaborations. Staff met with representatives of SASCC to negotiate the terms of the agreement. The agreement is for a term of four years with the option by either party to terminate the agreement with a twelve month advance written notice. Updates to the previous agreement include an update to each of the Exhibits, clarification of community services provided to the City in return for financial contribution, and an annual 3% "cost -of- living" increase to the City's $18,000 contribution for blood pressure checks, tax assistance, vision and hearing screening, podiatric 2013 -11 -06 121 Page 1 of 3 checks, "fifty -five alive" driving classes, flu shots, and other ongoing non - cost - recovery services provided to seniors. Additionally, a reduction was made to the amount of SASCC's net assets that would trigger a meeting to determine the need for increased oversight and management that would allow the City to assist the SASCC organization without formally amending or immediately terminating the agreement. The earlier agreement called for such a meeting if net assets fell below $920,000 and the new agreement sets that threshold at $640,000. The City Attorney has reviewed the updated agreement. FISCAL IMPACTS: The agreement calls for a contribution to SASCC in the amount of $21,000 for the routine maintenance, repair, and replacement of equipment in the facilities. An additional contribution of $18,000 plus an annual 3% cost -of- living adjustment is to be provided in exchange for SASCC providing non - cost - recovery services to the senior community. Quarterly measurable results reports are required before payments will be made in July, September, January, and April. The new agreement will result in a cost to the Recreation Department of $6,800 for the two pages provided to SASCC in each City Activity Guide. The agreement also may minimally decrease the potential revenue realized by the Recreation Department. Specific impacts as outlined in the agreement include the following: • SASCC is allowed use of the Community Center Multi - Purpose Room twice annually on a waived fee basis. Twice per year use would result in potential loss of approximately $2,400 per year in facility rental revenue. Additional use may increase the loss of rental opportunities. • SASCC is allowed use of the Prospect Center twice annually on a waived fee basis. Twice per year use would result in potential loss of approximately $2,400 per year in facility rental revenue. Additional use may increase the loss of rental opportunities. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: SASCC would not be allowed to use Saratoga Community Center facilities for programs. ALTERNATIVE ACTION: Council may direct staff to continue to negotiate a new Agreement. FOLLOW UP ACTION: The City Manager will sign and execute the agreement. 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. 2013 -11 -06 122 Page 2 of 3 A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. Additionally, all SASCC Board members received separate notification of the Council meeting. ATTACHMENTS: A - Resolution Authorizing SASCC Use Agreement B — Proposed Use Agreement showing changes from prior Use Agreement C - Proposed agreement with attached Exhibits • Exhibit A — Map showing location of Facilities • Exhibit B — Program Summary of SASCC activities • Exhibit C — SASCC Equipment List • Exhibit D — Charges for City Personnel Services • Exhibit E — SASCC Measurable Objectives and Financial Trends 2013 -11 -06 123 Page 3 of 3 Attachment A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE CITY MANAGER TO ENTER INTO A FACILITY USE AGREEMENT WITH THE SARATOGA AREA SENIORS COORDINATING COUNCIL WHEREAS, the City of Saratoga is the owner of facilities and desires to contract with SASCC to allow use of those facilities for the benefit of Senior Citizens in the Saratoga area. WHEREAS, the City of Saratoga desires to assist SASCC in maintaining the facilities and City - owned equipment and in providing insurance coverage for the Facilities, WHEREAS, the City of Saratoga desires to optimize the beneficial use of its facilities and to foster the provision of services tailored to meet the needs of Senior Citizens, WHEREAS, the Saratoga Area Seniors Coordinating Council have conducted senior adult service operations in the facility since 1981 and have expressed a desire to continue these operations; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: The City Manager of Saratoga is authorized to enter into a use agreement with the Saratoga Area Seniors Coordinating Council for the use of the Senior Center building for use as a senior adult activity and adult day care center. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 6th day of November, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Bothelio, City Clerk Jill Hunter, Mayor 124 Attachment B AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA AREA SENIOR COORDINATING COUNCIL TO ESTABLISH OPERATING GUIDELINES FOR USE OF CITY FACILITIES THIS AGREEMENT, is made and entered into by and between the CITY OF SARATOGA, a municipal corporation ( "CITY ") and the SARATOGA AREA SENIOR COORDINATING COUNCIL ( "SASCC "), a California non - profit public benefit corporation, for the operation and maintenance of the Senior Center, the Saratoga Adult Care Center, and the Senior Modular Building (hereinafter referred to as "Facilities "), the ' location of which is shown on Exhibit "A" to this Agreement. Deleted: ("SASCC"), RECITALS A. CITY is the owner of the Facilities and desires to contract with SASCC to allow use of those Facilities for the benefit of Senior Citizens in the Saratoga area. B. CITY desires to assist SASCC in maintaining the Facilities and City -owned equipment and in providing insurance coverage for the Facilities. C. CITY desires to foster the provision of services tailored to meet the needs of Senior Citizens, for example, to optimize services to customers, outreach to diverse populations and socialization benefits for seniors, as further delineated on Exhibit `B" to this Agreement. D. CITY desires to optimize the beneficial use of its facilities by linking this agreement to specific measurable performance objectives developed on an annual basis by the SASCC Board of Directors in cooperation with the City. E. SASCC desires to operate the Facilities for the benefit of Senior Citizens in the Saratoga area. Now, therefore, it is hereby agreed by and between the parties hereto as follows: I. USE OF FACILITIES A. In General I. The CITY shall retain ownership of the Facilities, including the building, all fixtures, wall and floor coverings, built -in kitchen appliances, improvements and telephone equipment, excepting those specific designated items that are the property of SASCC as shown in the inventory attached as Exhibit "C ", which is incorporated herein by reference. Items excluded from CITY ownership include movable furniture and equipment purchased directly by SASCC, which are not attached to the Facilities. Exhibit "C" shall be updated annually by SASCC. Upon approval of the update by the City Manager the updated Exhibit "C" shall replace the previous Exhibit "C ". No amendment to this Agreement shall be required to update Exhibit' C ". Revision 09 -26 -2013 Page 1 of 7 125 Attachment B 2. It is understood and agreed that this is solely a use agreement and that SASCC has not been given and is not given a lease of said premises or any part thereof and acquires no easement, license, or other interest in said property owned or constructed by CITY. In support of SASCC, the CITY provides an in -kind contribution valued at $120,873 ' AzifM that covers expenses of rent, utilities, janitorial services, and building maintenance. In Formatted: List Paragraph, Left, No further support of SASCC's programs and towards routine maintenance and repair of bullets or numbering equipment in the Facilities, including, but not limited to, new or upgraded office equipment, furniture, food, supplies, and materials, the City may provide a monetary contribution of $21,000 as part of the City's annual budget process. If made, this contribution shall be paid in four equal payments of one quarter the total contribution. Payments shall be made in July, September, January, and April following receipt of the quarterly performance report described in Section II -1 -B. 4. SASCC shall provide the following on -going community services to the CITY in return for an additional contribution from the CITY in an amountpf $18,000 plus a 3% _ cost -of- living- adjustment beginning in 2014: Blood Pressure Checks, Podiatric Checks, � Tax Assistance, Vision Screening, Hearing Tests, Senior Nutrition Programs, Fifty- Deleted: from the city's yearly one -time funding source to be determined annually Five Alive Driving Program, Flu Shots, and other non - cost - recovery services as available to the senior population. 5. The CITY shall make available up to two pages in each CITY Activity Guide for ' SASCC use to promote senior programs and activities. Formatted: List Paragraph, Left, No bullets or numbering 6. The CITY shall provide property insurance coverage for the Facilities on the same terms that all other CITY property is insured. CITY shall not provide insurance of any kind for any SASCC property, including the property listed on Exhibit "C ", nor will the City provide insurance for any SASCC programs or activities. SASCC shall be solely responsible for insuring SASCC property in the Facilities and SASCC programs and activities. 7. The City shall provide routine building and janitorial maintenance for the Facilities similar to that provided for all City premises. Upon SASCC's request, the City shall perform maintenance and repair work to the extent that staff is available. SASCC will be charged a cost that is in accordance with the City's direct cost rate for applicable personnel at the time the service is provided. Exhibit "D ", "Charges for Personnel Services ", is an illustrative list of charges for applicable personnel at the time this agreement is adopted. Exhibit "D" shall be updated annually by City to reflect changes in these charges based on City contracts and labor agreements. No amendment to this Agreement shall be required to update Exhibit "D" and the charges for personal services shall be based on the City's direct costs in effect at the time the service is provided regardless of the cost listed on Exhibit «D„ SASCC shall promptly report to the CITY any maintenance and/or repairs necessary for CITY owned property at the Facilities. Revision 09- 26 -20t3 Page 2 of 7 126 Attachment B 10. SASCC shall provide a supervising attendant or receptionist for Facilities during the hours they are used by SASCC. City shall provide supervision for the Facilities at all other times. B. Specific Use 1. Between Sam to 4pm weekdays, SASCC shall have exclusive use of the Facilities except to the extent that SASCC authorizes City use of the Facilities during those hours. On weekends and after 4pm on weekdays ( "After Hours ") use of Facilities shall be in accordance with Saratoga's policies and procedures for space reservation. For all After Hours uses, SASCC shall set -up and take -down all equipment and furnishings. For all After Hours uses, including uses exempted from a use fee, a City of Saratoga Facilities Attendant is required. SASCC will be charged for the Facility Attendant in accordance with the City's rate schedule then in effect. However, there will be no charge for the Attendant if another City event requiring a Facility Attendant is in session at the same facility at the same time as the SASCC event. SASCC may reserve and use on the same terms as the public all City facilities normally available for reservation and use by the public except as provided in this agreement. Reservations must be made on a quarterly basis through the City Facilities Coordinator. Request of use and space availability in accordance with standard City procedures is required. No advance deposit and no processing fee shall be required. Use fees (but not fees for any required Facility Attendant) shall be waived for SASCC for certain facilities as described below: Deleted: Michael A. Taylor 8/6/13 11:08 AM a. The Community Center Multi Purpose Room shall be available for reservation After Hours for a maximum use of twice annually on a waived use fee basis, and thereafter SASCC will be charged 50% of the City's regular rental rate., _ b. The Saunders Room shall be available for a once - per - quarter reservation After Hours for a maximum use of four times annually on a waived use fee Deleted: Alternatively, SASCC and the city may agree to trade room time if no other fee - basis, and thereafter SASCC will be charged 50% of the City's regular paying use is scheduled for the desired space. rental rats c. ,The Prospect Center shall be available for reservation for a maximum use of twice annually on a waived use fee basis, and thereafter SASCC will be charged 50% of the City's regular rental rate. Modular Building - The modular classroom building, which is owned by the City, may be -'. used only for programs and activities consistent with the use guidelines established by the Community Development Block Grant program. All uses of the building must comply with CDBG Guidelines since the building was acquired with CDBG funds. Consistent with those Guidelines, SASCC may make use of the modular classroom building After Hours and no use fee shall apply and no Facility Attendant shall be required but reservations for such use must be made with the City Facilities Coordinator. IL SASCC OBLIGATIONS Revision 09 -26 -2013 Page 3 of 7 127 Deleted: shall be available once a week for quarterly reservation After Hours on a waived use fee basis, and thereafter SASCC will be charged 50% of the City's regular rental rate. Deleted: North Deleted: Alternatively, SASCC and the City may agree to trade room time if no other fee - payin£ use is scheduled for the desired suace... Deleted: < #> Formatted: No bullets or numbering Attachment B SASCC shall prepare annual performance objectives and a program report as follows: A. The SASCC Board has provided the City with a list of specific measurable objectives for its Senior Center and for its Adult Care Center for fiscal year 013 -,2014. That list is attached as Exhibit "E" to this agreement. If the term of this agreement is extended, the City and SASCC shall replace Exhibit "E" with an updated list of mutually agreeable objectives each year before the start of the fiscal year to which the objectives apply. B. Peginnin August 1, 2014, the SASCC Board shall provide the City with a Quarterly _Program Report quantifying levels of accomplishment for each measurable objective during the previous quarter. , 2. SASCC shall procure and maintain for the duration of the Agreement broad form liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with use of the Facilities and the performance of the obligations hereunder by SASCC, its agents, representative or employees. A. Minimum Limits of Insurance. SASCC shall maintain limits no less than: i. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. ii. Workers' Compensation and Employer's Liability limits of $2,000,000 per accident. B. Other Insurance Provisions. Each required insurance policy shall contain, or be endorsed to contain, the following provisions: Revision 09 -26 -2013 General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of SASCC. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. SASCC's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of said insurance and shall not contribute to it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Page 4 of 7 128 Michael A. Taylor 8/5/13 4:02 PM �t Michael A. Taylor 8/5/13 4:03 PM Deleted: No later than Deleted: April 30, 2008 Deleted: first three ouarters of the fiscal Deleted: If the term of this agreement is extended, SASCC shall provide the City with a Program Report no later than April 30 of each year that the agreement is in effect. The report shall address the preceding four quarters and shall report on performance during those quarters Attachment B d. SASCC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ii. Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by SASCC for the City. iii. All Coverages Listed Above. a. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parry, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. b. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. Verification of Coverage. SASCC shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. SASCC shall defend, indemnify and hold CITY, its officers, officials, employees, volunteers, boards and commissions harmless for any and all liability caused by the negligence or wrongful act of SASCC or its contractors arising out of the performance of this Agreement and the use of the Facilities, and to pay all claims, damages, judgments, legal costs and attorneys' fees related thereto. Each Party shall promptly notify the other of any claim or of any occurrence which the Party reasonably believes may give rise to a claim against either Party arising out of the ownership, occupation, use, maintenance or repairs of the Facilities. SASCC further agrees to compensate the City for any and all damages to Facilities directly or indirectly resulting from SASCC's use of the Facilities. 4. The Director of SASCC shall serve as a liaison between SASCC and the CITY and shall bring all matters of information, and those requiring action on the part of the City, to the attention of the Recreation and Facilities Director. Revision 09 -26 -2013 Page 5 of 7 129 Deleted: < # >SASCC shall assume responsibility for reporting any maintenance or facilities use problems to the appropriate City facilities personnel. . Attachment B 5. SASCC shall annuallyupdate Exhibit "C" based on the - annual inventory of furnishings and equipment provided to the SASCC auditor. ' Deleted: select and purchase furniture and 07 III. ADDITIONAL TERMS equipment and 1. Both CITY and SASCC have reviewed and revised this Agreement, and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party, and shall not be employed in the interpretation of this Agreement or any amendment of it. 2. Each of the parties represents and warrants that each has full power to enter into this Agreement. This Agreement contains the entire Agreement between the parties with regard to the matters set forth, except as otherwise specifically set forth in this Agreement. This Agreement may be amended or modified only by an agreement in writing executed in the same manner as this Agreement. In the event that SASCC's net assets fall below 40,000, SASCC and the City Council will meet to determine the need for increased oversight and management. Either party may terminate this Agreement with one -year prior written notice. 4. This Agreement is neither assignable nor transferable to any other party. 5. This Agreement shall commence upon the last date signed below and shall extend through June 30, �Z0 17. It maybe extended thereafter by mutual written agreement of the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the latest date listed below. City of Saratoga Saratoga Area Seniors Coordinating Council (SASCC) By: By: J-isa Huening, SASCC President Date: Dave Anderson, City Manager Date: Attest: By: on Schmiedin , ,prystal Bothelio, City Clerk Date: SASCC Vice President Date: Revision 09 -26 -2013 Page 6 of 7 130 Michael A. Taylor 8/6/13 10:39 AM =1 Deleted: 920 Michael A. Taylor 8/8/13 3:31 PM 1 J Michael A. Taylor 8/6/13 10:39 AM Deleted: Bill Green j Michael A. Taylor 8/6/13 10:40 AM - Michael A. Taylor 8/6/13 10:39 AM Attachment B Exhibit List Exhibit A — Map showing location of Facilities Exhibit B - .Program Summary of SASCC Exhibit C — SASCC Exhibit D — Charges for City-Personnel Services Exhibit E — SASCC Measurable Objectives and Financial Trends Revision 09 -26 -2013 Page 7 of 7 131 List 1 MAIN Deleted: Approved as to Budget Authority & Insurance:. — . c : Deleted: Examples Deleted: activities to meet the needs of seniors Approved as to Form: Richard Taylor, City Attorney Date: Exhibit List Exhibit A — Map showing location of Facilities Exhibit B - .Program Summary of SASCC Exhibit C — SASCC Exhibit D — Charges for City-Personnel Services Exhibit E — SASCC Measurable Objectives and Financial Trends Revision 09 -26 -2013 Page 7 of 7 131 List 1 MAIN Deleted: Approved as to Budget Authority & Insurance:. — . c : Deleted: Examples Deleted: activities to meet the needs of seniors AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA AREA SENIOR COORDINATING COUNCIL TO ESTABLISH OPERATING GUIDELINES FOR USE OF CITY FACILITIES THIS AGREEMENT, is made and entered into by and between the CITY OF SARATOGA, a municipal corporation ( "CITY') and the SARATOGA AREA SENIOR COORDINATING COUNCIL ( "SASCC "), a California non - profit public benefit corporation, for the operation and maintenance of the Senior Center, the Saratoga Adult Care Center, and the Senior Modular Building (hereinafter referred to as "Facilities "), the location of which is shown on Exhibit "A" to this Agreement. RECITALS A. CITY is the owner of the Facilities and desires to contract with SASCC to allow use of those Facilities for the benefit of Senior Citizens in the Saratoga area. B. CITY desires to assist SASCC in maintaining the Facilities and City -owned equipment and in providing insurance coverage for the Facilities. C. CITY desires to foster the provision of services tailored to meet the needs of Senior Citizens, for example, to optimize services to customers, outreach to diverse populations and socialization benefits for seniors, as further delineated on Exhibit `B" to this Agreement. D. CITY desires to optimize the beneficial use of its facilities by linking this agreement to specific measurable performance objectives developed on an annual basis by the SASCC Board of Directors in cooperation with the City. E. SASCC desires to operate the Facilities for the benefit of Senior Citizens in the Saratoga area. Now, therefore, it is hereby agreed by and between the parties hereto as follows: I. USE OF FACILITIES A. In General I. The CITY shall retain ownership of the Facilities, including the building, all fixtures, wall and floor coverings, built -in kitchen appliances, improvements and telephone equipment, excepting those specific designated items that are the property of SASCC as shown in the inventory attached as Exhibit "C ", which is incorporated herein by reference. Items excluded from CITY ownership include movable furniture and equipment purchased directly by SASCC, which are not attached to the Facilities. Exhibit "C" shall be updated annually by SASCC. Upon approval of the update by the City Manager the updated Exhibit "C" shall replace the previous Exhibit "C ". No amendment to this Agreement shall be required to update Exhibit" C ". Revision 09 -26 -2013 Page 163 2. It is understood and agreed that this is solely a use agreement and that SASCC has not been given and is not given a lease of said premises or any part thereof and acquires no easement, license, or other interest in said property owned or constructed by CITY. 3. In support of SASCC, the CITY provides an in -kind contribution valued at $120,873 that covers expenses of rent, utilities, janitorial services, and building maintenance. In further support of SASCC's programs and towards routine maintenance and repair of equipment in the Facilities, including, but not limited to, new or upgraded office equipment, furniture, food, supplies, and materials, the City may provide a monetary contribution of $21,000 as part of the City's annual budget process. If made, this contribution shall be paid in four equal payments of one quarter the total contribution. Payments shall be made in July, September, January, and April following receipt of the quarterly performance report described in Section II -1 -B. 4. SASCC shall provide the following on -going community services to the CITY in return for an additional contribution from the CITY in an amount of $18,000 plus a 3% cost -of- living- adjustment beginning in 2014: Blood Pressure Checks, Podiatric Checks, Tax Assistance, Vision Screening, Hearing Tests, Senior Nutrition Programs, Fifty - Five Alive Driving Program, Flu Shots, and other non - cost - recovery services as available to the senior population. 5. The CITY shall make available up to two pages in each CITY Activity Guide for SASCC use to promote senior programs and activities. 6. The CITY shall provide property insurance coverage for the Facilities on the same terms that all other CITY property is insured. CITY shall not provide insurance of any kind for any SASCC property, including the property listed on Exhibit "C ", nor will the City provide insurance for any SASCC programs or activities. SASCC shall be solely responsible for insuring SASCC property in the Facilities and SASCC programs and activities. 7. The City shall provide routine building and janitorial maintenance for the Facilities similar to that provided for all City premises. 8. Upon SASCC's request, the City shall perform maintenance and repair work to the extent that staff is available. SASCC will be charged a cost that is in accordance with the City's direct cost rate for applicable personnel at the time the service is provided. Exhibit "D ", "Charges for Personnel Services ", is an illustrative list of charges for applicable personnel at the time this agreement is adopted. Exhibit "D" shall be updated annually by City to reflect changes in these charges based on City contracts and labor agreements. No amendment to this Agreement shall be required to update Exhibit "D" and the charges for personal services shall be based on the City's direct costs in effect at the time the service is provided regardless of the cost listed on Exhibit «D„ 9. SASCC shall promptly report to the CITY any maintenance and/or repairs necessary for CITY owned property at the Facilities. Revision 09 -26 -2013 Page 2 ,ii 10. SASCC shall provide a supervising attendant or receptionist for Facilities during the hours they are used by SASCC. City shall provide supervision for the Facilities at all other times. B. Specific Use 1. Between Sam to 4pm weekdays, SASCC shall have exclusive use of the Facilities except to the extent that SASCC authorizes City use of the Facilities during those hours. 2. On weekends and after 4pm on weekdays ( "After Hours ") use of Facilities shall be in accordance with Saratoga's policies and procedures for space reservation. For all After Hours uses, SASCC shall set -up and take -down all equipment and furnishings. For all After Hours uses, including uses exempted from a use fee, a City of Saratoga Facilities Attendant is required. SASCC will be charged for the Facility Attendant in accordance with the City's rate schedule then in effect. However, there will be no charge for the Attendant if another City event requiring a Facility Attendant is in session at the same facility at the same time as the SASCC event. 3. SASCC may reserve and use on the same terms as the public all City facilities normally available for reservation and use by the public except as provided in this agreement. Reservations must be made on a quarterly basis through the City Facilities Coordinator. Request of use and space availability in accordance with standard City procedures is required. No advance deposit and no processing fee shall be required. Use fees (but not fees for any required Facility Attendant) shall be waived for SASCC for certain facilities as described below: a. The Community Center Multi Purpose Room shall be available for reservation After Hours for a maximum use of twice annually on a waived use fee basis, and thereafter SASCC will be charged 50% of the City's regular rental rate. b. The Saunders Room shall be available for a once -per- quarter reservation After Hours for a maximum use of four times annually on a waived use fee basis, and thereafter SASCC will be charged 50% of the City's regular rental rate. c. The Prospect Center shall be available for reservation for a maximum use of twice annually on a waived use fee basis, and thereafter SASCC will be charged 50% of the City's regular rental rate. d. Modular Building - The modular classroom building, which is owned by the City, may be used only for programs and activities consistent with the use guidelines established by the Community Development Block Grant program. All uses of the building must comply with CDBG Guidelines since the building was acquired with CDBG funds. Consistent with those Guidelines, SASCC may make use of the modular classroom building After Hours and no use fee shall apply and no Facility Attendant shall be required but reservations for such use must be made with the City Facilities Coordinator. Revision 09 -26 -2013 Page 3 ,5i II. SASCC OBLIGATIONS 1. SASCC shall prepare annual performance objectives and a program report as follows: A. The SASCC Board has provided the City with a list of specific measurable objectives for its Senior Center and for its Adult Care Center for fiscal year 2013 -2014. That list is attached as Exhibit `B" to this agreement. If the term of this agreement is extended, the City and SASCC shall replace Exhibit `B" with an updated list of mutually agreeable objectives each year before the start of the fiscal year to which the objectives apply. B. Beginning August 1, 2014, the SASCC Board shall provide the City with a Quarterly Program Report quantifying levels of accomplishment for each measurable objective during the previous quarter. . 2. SASCC shall procure and maintain for the duration of the Agreement broad form liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with use of the Facilities and the performance of the obligations hereunder by SASCC, its agents, representative or employees. A. Minimum Limits of Insurance. SASCC shall maintain limits no less than: i. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. ii. Workers' Compensation and Employer's Liability limits of $2,000,000 per accident. B. Other Insurance Provisions. Each required insurance policy shall contain, or be endorsed to contain, the following provisions: i. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of SASCC. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. SASCC's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of said insurance and shall not contribute to it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Revision 09 -26 -2013 Page 4, d. SASCC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ii. Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by SASCC for the City. iii. All Coverages Listed Above. a. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. b. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. c. Verification of Coverage. SASCC shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3. SASCC shall defend, indemnify and hold CITY, its officers, officials, employees, volunteers, boards and commissions harmless for any and all liability caused by the negligence or wrongful act of SASCC or its contractors arising out of the performance of this Agreement and the use of the Facilities, and to pay all claims, damages, judgments, legal costs and attorneys' fees related thereto. Each Party shall promptly notify the other of any claim or of any occurrence which the Party reasonably believes may give rise to a claim against either Party arising out of the ownership, occupation, use, maintenance or repairs of the Facilities. SASCC further agrees to compensate the City for any and all damages to Facilities directly or indirectly resulting from SASCC's use of the Facilities. 4. The Director of SASCC shall serve as a liaison between SASCC and the CITY and shall bring all matters of information, and those requiring action on the part of the City, to the attention of the Recreation and Facilities Director. Revision 09 -26 -2013 Page 5,� 5. SASCC shall annually update Exhibit "C" based on the - annual inventory of furnishings and equipment provided to the SASCC auditor. III. ADDITIONAL TERMS 1. Both CITY and SASCC have reviewed and revised this Agreement, and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party, and shall not be employed in the interpretation of this Agreement or any amendment of it. 2. Each of the parties represents and warrants that each has full power to enter into this Agreement. 3. This Agreement contains the entire Agreement between the parties with regard to the matters set forth, except as otherwise specifically set forth in this Agreement. This Agreement may be amended or modified only by an agreement in writing executed in the same manner as this Agreement. In the event that SASCC's net assets fall below $640,000, SASCC and the City Council will meet to determine the need for increased oversight and management. Either party may terminate this Agreement with one -year prior written notice. 4. This Agreement is neither assignable nor transferable to any other party. 5. This Agreement shall commence upon the last date signed below and shall extend through June 30, 2017. It may be extended thereafter by mutual written agreement of the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the latest date listed below. City of Saratoga Saratoga Area Seniors Coordinating Council ( SASCC) By: By: Dave Anderson, Lisa Huening, City Manager SASCC President Date: Date: Attest: By: Crystal Bothelio, City Clerk Lori Schmieding, SASCC Vice President Date: Date: Revision 09 -26 -2013 137 Approved as to Form: Richard Taylor, City Attorney Date: Fxhihit T,ict Exhibit A — Map showing location of Facilities Exhibit B - Examples of SASCC activities to meet the needs of seniors Exhibit C — SASCC Equipment List Exhibit D — Charges for City Personnel Services Exhibit E — SASCC Measurable Objectives Revision 09 -26 -2013 138 Best l ►xzt� Mai 11 L',lilfa114e Po v a tvl�illi -�� -pie iZcc�-ealia� � � Office � t Le,l DfFI� L(Dffl All �rlf. ()f d i i:e d�(f6L-V �7 Rapti L„ Avis & _ Df-H [x Exhibit A Kltcl-len Patio Room SARATOGA COMMtNTY CENTER SAR.ATOGA SENIOR (�rNTV'R 19655 ALLENO U AVENUE TTY, SAR ATOGA., CA 95070 offloe 0f - -- K.itd'Prl l ' Saunders Rooll, - - -. A&jll. Kes tT r n c)ffir:e OftiC,c - Care -- Center C - Sy,lar 139 Exhibit B — Examples of SASCC Services SASCC agrees to improve and promote the welfare of older adults in the Saratoga area by conducting the activities specified below. 1. Optimize service to customers by: a. Providing trained receptionists from 9 a.m. to 4 p.m. b. Providing customer service training to all staff and volunteers with customer service responsibilities c. Serving member needs and wants for programs, services, and activities d. Respond with program changes as required 2. Outreach to diverse populations with: a. Programs highlighting diverse cultures b. Marketing materials produced in diverse languages and distributed to reach specific groups c. Focus groups 3. Provide socialization benefits from: 11/6/2007 a. A variety of programs, classes, and activities b. Break -even social events c. Fundraiser with a social component d. Regular Social Group meetings and other functions e. New member coffees f. Hostess program for events g. Opportunities to volunteer h. "Sunshine" program which provides cards to members /families when someone is ill or recently deceased 140 Page 1 of 1 EXHIBIT C - SASCC Equipment List Inventory of Items in the Saratoga Senior Center and Adult Care Center Lounge & Lobby Bookshelves 2 Bulletin Boards 6 Chairs 5 Chalk Board 1 Component stand 1 Couches 4 DVD 1 Lamps 4 Magazine Rack 1 Paintings 4 Silk plant 1 Silk trees 6 Tables 5 TV 1 VCR stand 1 Office Furniture /Equipment Book Shelves 2 Cabinets 2 Chairs 13 Coffee pot 1 Computer, office 6 Copy Machine 1 Desks 6 File Cabinets 9 Lamps 4 Magazine rack 1 Printers 5 Silk trees 2 Step stools 2 Tables 4 Telephones 6 Trash cans 6 Typewriters 2 White board 1 Saunders Room Card Tables 14 Easels 2 Flag & Stand 1 Lecturn 1 Microphone and stand 1 Player Piano & Bench 1 Radio -large player 1 Room dividers 4 Slide Projector 1 Tall padded chair 1 Up right Piano & Bench 1 11/1/2013 141 Page 1 of 4 EXHIBIT C - SASCC Equipment List Inventory of Items in the Saratoga Senior Center and Adult Care Center Storage Area /Saunders Room Coffee pot, small Craft boxes Event boxes Excerise equipment, sets Microwave Refrigerator, Hobart Step ladder Walkers 1 8 11 39 1 1 1 3 Water cooler 1 Wheel chair 2 Kitchen Bowls, small 151 Coffee carafes 13 Coffee cups 138 Coffee urn warmer 1 Coffee urns large 2 Dessert bowls 70 Dessert plates 156 Dinner forks 249 Dinner knives 150 Dinner plates 147 Dinner soup bowls 143 Dishpans 2 Dishwasher 1 First aid kit -red metal 1 Freezer, Hobart 1 Garbage cans large 2 Kitchen utensils 20 Large strainer 1 Microwave 1 Potholders 4 Punch bowl 1 Refrigerator, Hobart 1 Salad bowls, large clear 8 Salad bowls, small clear 3 Salad plates 147 Salad Forks 120 Serving Forks 11 Serving spoons 19 Serving trays, large 3 Serving trays, large 2 Small strainer 1 Soupspoons 156 Stainless pots w /lids 2 Stainless steel bowls Ig 2 Steam table 1 Stove, Wolfe 1 Tablecloths Teaspoons Towels & Pot holders 18 293 12 11/1/2013 142 Page 2 of 4 EXHIBIT C - SASCC Equipment List Inventory of Items in the Saratoga Senior Center and Adult Care Center Tubs, gray /plastic 1 Water pitchers 6 Adult Care Center Afghans & blankets 3 Bookshelf, metal 1 Bulletin boards 2 Card tables 2 CD players 2 Chair, black 1 Chairs, blue vinyl 9 Chairs, tan vinyl 10 Closet, portable 1 Coat Rack 1 Coffee mugs 30 Coffee table- square 1 Computer 1 Copier stand 1 Copy machine 1 Desk chairs 2 Desks 2 DVD player 1 End table 1/2 round 3 Fax machine 1 File cabinets 3 Folding step stools 2 Food thermometer 1 Kitchen Utensils 10 Loveseat, blue 2 Monitor 1 Piano stool 1 Pillows 5 Printer 1 Roll -away bed 1 Rubber gloves, pair 1 Standup bulletin board 1 Tables, oblong 6 Telephones 2 Trash cans 3 TV 1 TV stand, wood cabinet 6 Typerwriter stand 1 Walkers 1 Wheelchairs 2 Winter Piano 1 Wood bookshelf 5 Patio & Garden Brass memorial plaque 1 Chairs stackable gray Concrete bird bath Large storage shed 1 1 1 11/1/2013 143 Page 3 of 4 EXHIBIT C - SASCC Equipment List Inventory of Items in the Saratoga Senior Center and Adult Care Center Metal desk 1 Planters 3 Rakes, gardening tools 6 1 Rectangular tables -glass tops 2 Round glass table 1 Shovels, assorted 3 Stackable green chairs 17 1 Umbrella stands 3 VHS player White chairs Modular Building Book case Cabinet in bathroom 1 4 1 1 Computer stands 16 Computers 16 Couches 1 J Desks 2 Easels 2 File cabinets 2 Large coffee pot 1 Microwave 1 Monitors 16 Portable TV 1 Projector cart 2 Rectangular tables 9 Refrigerator, Hobart 1 Toaster oven 1 Toaster oven white 2 slices 1 1 Trash cans 1 11/1/2013 144 Page 4 of 4 Exhibit D — Charges for Personnel Services Hourly Rates for Select Personnel Services (Includes Benefits) Facility Attendant: $16.00 Facility maintenance Worker: $51.00 IT Analyst: $62.39 NOTE: These rates are subject to potential adjustments July 1, 2008 pursuant to Memoranda of Understanding negotiated between the City of Saratoga and the relevant employee association or union. If the rates are adjusted, this Exhibit will be replaced to reflect current rates effective July 1, 2008. 11/6/2007 145 Page 1 of 1 Exhibit E — SASCC Measurable Objectives SASCC agrees to provide the information outlined in Part 1 in accordance with the schedule given in the use agreement and to report accomplishments relative to the measurable objectives in Part 2 below. Part 1. Information 1. Membership Information a. Saratoga resident and non - resident distributions (no distribution target; numbers and percentages) b. Identification of ethnicity as determined by surname /personal knowledge (numbers and percentages; Note: identification questionnaires will NOT be used; there will be no targets.) 2. Reports a. Attendance, trends, net number of programs offered for each fiscal year of this agreement. b. A study that establishes baseline facility use data, including peak time usage and cooperative arrangements with other facilities in the Saratoga area and establishes growth targets for Saratogans and other users for future years. c. Number and type of outreach activities conducted and planned d. Adult Care Center utilization data, including number of clients served per month and per year, income and ethnic data as required for Community Development Block Grant reporting, and number of Saratoga residents /nonresidents served. Resident shall be defined as an individual who: i. Is a current resident of the City of Saratoga; ii. Whose immediate family member, caregiver, or guardian is a resident of the City of Saratoga; iii. Who has been a resident of the City of Saratoga prior to moving to an out -of -city facility due to care or supervision needs. e. Monthly financial reports (provided to City Council liaison), including a statement of assets, liabilities and net assets (balance sheet). Part 2. Measurable Objectives 1. Membership Information 11/6/2007 a. Number of paid individual memberships: target is 750+ b. The ACC will maintain capacity at an average level of at least 90 participant -days weekly. 146 Page 1 of 2 Exhibit E — SASCC Measurable Objectives c. Vacancies in the ACC will be filled within two months. (Note: The priority for filling vacancies from the wait list will be: i. Prior participants who are now well enough to return to the program; ii. Residents of Saratoga, as defined in 1.2.d; iii. Residents of Campbell; iv. Residents of any other City that provides funds for the ACC program; v. Length of time on the wait list.) 2. Programs and Services 11/6/2007 a. Minimum of 10 break -even social and /or fund- raising events per year b. Minimum of one public service event (health fair, flu shot clinics, etc.) per year c. Minimum of 3 ongoing public service activities per month, e.g., blood pressure checks d. Minimum of 22 classes and/or ongoing member activities per year e. Number of unduplicated persons served per year: target is 1,000+ f. Publication of The Outlook newsletter at least 10 times yearly, with a target average distribution of 500+ households /establishments 147 Page 2 of 2 Saratoga Area Senior Coordinating Council Financial Trends - 2011/12, 2012/13, Approved Budget 2013/14 MISC PERTINENT INFORMATION Costs and Expenses = Annual expenses that occur in 1Q and 2Q = insurance ($5K), audit ($10K) With declining ACC participation in 12/13, ACC payroll was adjusted as follows; $52K(1Q), $53K(2Q), $48K(3Q), $45K(4Q) 2013/14 Budgeted Grants, Donations and Dues Detail is as follows; Saratoga Contract Maintenance $21K Saratoga Contract Support $18K CDBG Grant $22K Campbell $2.5K St Andrews $3.2K Business Alliance Program $8K Individual donations, appeal $31K Membership dues $16.5K Tota I $122.2K Ending Cash and Investment Balances as of Fiscal Year End Jun -09 $ 703,567.00 Jun -10 $ 639,033.00 Jun -11 $ 743,257.00 Jun -12 $ 812,745.00 Jun -13 $ 783,193.00 Actual 2011/12 Financials, included; $25K of a $50K donation $15K from Saratoga' s Got Talent .• I •. Saratoga Area Senior Coordinating Council Financial Trends - 2011/12, 2012/13, Approved Budget 2013/14 CONSOLIDATED SC AND ACC FINANCIALS REVENUE Grants, Donations., Membership Dues Fund Raising Programs and Classes ACC fees TOTAL REVENUE COSTS AND EXPENSES LOSS FROM OPERATIONS ACC PARTICIPANT DAYS AVG ACC FEES /DAY FINANCIAL COMMENTARY - REVENUE 2012/13 Challenges 2013/14 Opportunities /Focus ACC Fees /Participants tailed off in 2H13 Focus on "filling the seats" - New Boo Members who are networked Opportunity to reach SASCC breakeven, with ACC at capacity Lagging participation in Programs and Classes Advertising in Park and Rec mailing - Much larger audience Constantly reviewing and changing classes /programs Fund raising revenues did not meet expectations Focusing on a few, community -wide events, that will, hopefully, become, Saratoga traditions Membership deckred from prior years Lowering annual dues and expanding to community wide marketing Business Alliance Program revenues Need more feet on the street - New BoD members with expanded networks, should help Revenue from Sereno Group and Saratoga's Gat Talent, not included in 2013/14 Op Plan 149 Ref: Actual Actual Actual Actual Actual Budget B/ (w) Budget Actual 1Q 12/13 2Q 12/13 3Q. 12/13 4Q12/13 Tot 12/13 12/13 Budget 13/14 11/12 $ 30,187.00 5 26,401.00 $ 40,278.00 $ 26,908.00 $ 125,774.00 $ 133,200,00 $ (7,426.00) 5 122,200.00 5 155,788.00 $ 2,182.00 $ 4,479.00 $ 6,721.00 $ 350.00 $ 13,732.00 $ 21,300.00 $ (7,568.00) 5 16,000.00 S 27,444,00 $ 9,612.00 $ 10,854.00 $ 11,792.00 $ 10,494.00 S 42,752.00 $ 55,300.00 $ (12,548.00) 5 40,700.00 5 54,944.00 $ 64,120,00 $ 43,002.00 $ 40,377.00 $ 38,162.00 5 185,511.00 $ 200,000.00 $ (14,389.00) $ 200,000.00 5 180,303.00 5 106,101.00 $ 86,736.00 $ 99,118.00 $ 75,914.00 $ 367,869.00 $ 409,800.00 5 {41,931.001 $ 378,900.00 $ 418,479.00 $ 112,414.00 S 114,461 .00 5 103,578.00 $ 98,065.00 $ 428,518.00 $ 443,236.00 $ 14,718.00 $ 434,S15.00 $ 436,956.00 $ (6,313.00} $ (27,725.00) $ (4,460.00) $ (22,151 ou) $ (60,649.00) 5 (33,436.00) 5 (27,213.00) 5 (55,615.00) 5 (18,477.00) 947 765 758 640 3110 3333 -223 3333 3747 $67.71 $56.21 $53.20 $S9.63 559.68 $60.00 $60.00 $48.11 2013/14 Opportunities /Focus ACC Fees /Participants tailed off in 2H13 Focus on "filling the seats" - New Boo Members who are networked Opportunity to reach SASCC breakeven, with ACC at capacity Lagging participation in Programs and Classes Advertising in Park and Rec mailing - Much larger audience Constantly reviewing and changing classes /programs Fund raising revenues did not meet expectations Focusing on a few, community -wide events, that will, hopefully, become, Saratoga traditions Membership deckred from prior years Lowering annual dues and expanding to community wide marketing Business Alliance Program revenues Need more feet on the street - New BoD members with expanded networks, should help Revenue from Sereno Group and Saratoga's Gat Talent, not included in 2013/14 Op Plan 149 of SAI? `� 11 SARATOGA CITY COUNCIL LZvof � MEETING DATE: November 6, 2013 AGENDA ITEM: Old Business DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael A. Taylor DIRECTOR: Michael A. Taylor SUBJECT: Reassignment of Previously Allocated Funds for McWilliams House Improvements RECOMMENDED ACTION: Accept report and move to approve the reassignment of previously allocated CIP funds for the McWilliams House Capital Improvements, with any funds remaining after November 6, 2015 being returned to the City. 11YAOIX"Mol"Ll "I The McWilliams house is the oldest house in Saratoga, and is currently a significant part of the Historical Park in the City. The McWilliams House is an important part of the Saratoga Historical Foundation's education program. In 2013, over 1000 students went through the program which meets California state requirements for teaching pioneer living. The goal of the Saratoga Historical Foundation is to furnish the pioneer cottage as accurately as possible and to continue to enhance the education program. Due to the funding limits of a County grant for restoration of the City -owned pioneer McWilliams House, not all of the identified needs could be accommodated during the 2006 -2007 restoration projects. As part of the 2009 -2010 CIP budget, the City agreed to fund $10,000 for certain improvements as a Phase II improvement plan by the Saratoga Historical Foundation. These improvements included: • Shutters for the front of the McWilliams House, • 1911 toilet, • Wallpaper (reproduction) for McWilliams parlor and parent's bedroom, • Wallpaper (reproduction) for McWilliams children's bedroom, • Removal of linoleum in bathroom/pantry, • Refinish wood floor, and • Painting the walls in the pantry and bathroom. These improvements total $6,296.56, leaving a balance of $3,703.44. The Saratoga Historical Foundation is requesting authorization to use the remaining balance to fund the following improvements to the McWilliams House: Reproduction shaving station (mirror, shelf, towel) and related shaving items to be located in the pantry, Authentic dry sink (dry sink used to wash vegetables) with two pans to be located in the pantry, Page 1 of 2 150 • Hutch for the kitchen, • Replacement vintage hardware on kitchen cupboard and parent's bedroom. • One wardrobe /armoire for parent's room • One wardrobe /armoire for children's room The Foundation has been sending out requests to local museums as well as antique dealers for donations of furniture. If they should get a donation of any of the above items, they respectfully request authorization to substitute an item that is needed. Any funds remaining after November 6, 2015 will be returned to the City. FISCAL IMPACTS: None. There are sufficient funds currently available in the City CIP budget to cover the cost of the proposed purchases. Any balance from the $3,703.44 remaining after November 6, 2015 will be returned to the City. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The Saratoga Historical Foundation will not be able to make requested purchases using CIP funds. ALTERNATIVE ACTION(S): Council may direct staff to advise the Saratoga Historical Foundation to seek alternative 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: None 151 Page 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 6, 2013 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone Associate Engineer SUBJECT: Quito Road Bridges — Award of Design Contract RECOMMENDED ACTION: 1. Authorize the City Manager to execute a contract for consulting services with Mark Thomas & Company for design of the Quito Road Bridge Replacement Project in the amount of $322,462. 2. Authorize staff to execute change orders to the consultant contract up to $75,000. REPORT SUMMARY: In 2001, the City Council approved a Cooperative Agreement between the Town of Los Gatos and the Santa Clara Valley Water District (District) to cost share the replacement of two substandard and structurally deficient bridges on Quito Road. The agreement was amended in 2003 to modify the project costs. The City secured funding through the Federal Highway Bridge Replacement and Rehabilitation (HBRR) in the amount of $4,115,417. The bridges, which were constructed in 1915, do not meet current State design standards or seismic safety criteria as determined by the Caltrans Structure Maintenance and Investigation Report. Each of the bridges to be replaced crosses the common limit line between the City of Saratoga and the Town of Los Gatos. The land in which the San Thomas Aquino Creek runs is owned by the Santa Clara Valley Water District. In August staff solicited Request for Qualifications (RFQ) and invited qualified consulting professionals experienced in the design of bridge replacement projects to submit proposals to complete the construction plans and to assist with public input regarding the final design. On September 12, the City received RFQ's from three highly qualified design consultant firms. On October 21, 2013, both the City of Saratoga and Town of Los Gatos staff interviewed two of the consultant firms to clarify the scope of the design. The design consultant Mark Thomas & Company was ultimately selected to complete the design. Mark Thomas & Company was also the lowest bidder. It is therefore recommended that City Council approve a consulting services contract with Mark Thomas & Company for design of the Quito Road Bridge Replacement Project in the amount of $322,462. Additionally, it recommended that City Council authorize staff to execute change orders to the contract up to $75,000, so input from residents collected during the course of the design process can be included in the final construction plans. Page 1 of 2 152 FISCAL IMPACTS: The HBRR Program will reimburse $170,000 of the consulting services and the remaining local match of $227,462 will be shared equally between Saratoga, Los Gatos, and the District. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The construction plans will not be completed and the project will not move forward towards construction in 2016. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: A design contract will be executed and the consultant will be issued a Notice to Proceed. Work will begin as soon as possible and completed in the spring of 2014. 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. Mark Thomas & Company Fee Proposal Page 2 of 2 153 City of Saratoga Quito Road Bridge Replacements (37C0113 & 37C0114) Proposed Estimated Hours and Fee MARK THOMAS & COMPANY, INC. 10/30/2013 154 Principal $290.00 (QA -QC) Eng Mgr IV $255.00 Eng Mgr II $205.00 Struc Mgr $255.00 Engineer VII $152.00 Engineer V $128.00 Surveyor Mgr $165.00 Project Surveyor I $126.00 Survey Tech $89.00 2- Person Field Crew w/ Veh $226.00 Total Hours MTCo Labor MTCo Reimbursables MTCo Total Cotton Shires H.T. Harvey &Assocs Sierra Eng Group (DBE) DBE Participation MTCo and Subconsult Subtotal Geotech Mitigation Structural Task 1 Project Management and Coordination 1.1 Project Management 2 1 56 8 66 $14,1001 $14,100 1 $0 $14,100 1.2 Coordination / Status Meetings 1 24 8 32 $6,9601 $6,960 1 $0 $6,960 Subtotal Task 11 21 01 801 161 01 01 01 01 01 01 98 $21,060 $0 $21,0601 Sol Sol Sol $0 $21,060 Task 2 Project Startup 2.1 Project Data Gathering / Site Visit 4 4 8 8 24 $4,080 $4,080 $0 $4,080 2.2 Boundary Survey 20 0 48 8 76 $9,380 $9,380 $0 $9,380 2.3 Legal Descriptions and Plats 16 4 80 100 $10,264 $10,264 $0 $10,264 2.4 Supplemental Design Topographic Surveys 4 8 2 8 32 54 $10,202 $10,202 $0 $10,202 2.5 Roadway Geometric Review 24 16 64 104 $15,544 $15,544 $0 $15,544 2.6 Right of Way Engineering / Utility Mapping I 1 1 41 1 1 241 41 21 121 1 46 $5,872 $6001 $6,472 $0 $6,472 2.7 Geotechnical - Update Final Foundation Report I I I I I I I I I I 1 0 $0 $0 $31,500 $0 $31,500 Subtotal Task 21 01 01 321 41 281 1041 421 141 1401 401 4041 $55,342 $6001 S55,9421 $31,500 $01 $0 $0 $87,442 Task 3 Final PS &E 3.1 100% Draft PS&E Submittal 1 1 51 601 321 2941 3761 1 1 1 1 767 $114,5511 1 $114,551 $23,6261 $24,3001 $24,3001 $162,477 3.2 Final PS &E Submittal 1 1 21 281 81 801 961 1 1 1 1 214 $32,7381 1 $32,7381 1 $11,238 $0 $43,976 Subtotal Task 31 01 71 881 401 3741 4721 01 01 01 01 981 $147,289 $0 $147,2891 $0 $34,8641 $24,3001 $24,3001 $206,453 Task 4 Construction Support 4.1 Bidding Assistance (Pre -Bid Mtg and Plan Clarifications) I 1 1 41 41 121 161 1 1 1 1 36 $5,7121 1 $5,7121 1 $1,795 $0 $7,507 Subtotal Task 41 01 01 41 41 121 161 01 01 01 01 36 $5,712 $0 $5,712 $0 $1,795 $01 $0 $7,507 SUBTOTAL 2 7 204 64 414 592 42 14 140 40 1519 $229,403 $600 $230,003 $31,500 $36,659 $24,300 $24,300 $322,462 TOTAL PROJECT HOURS 2 7 204 64 414 592 42 14 140 40 1,519 TOTAL LABOR COST $580 $1,785 $41,820 $16,320 $62,928 $75,776 $6,930 $1,764 $12,460 $9,040 $229,403 $600 $230,003 $31,500 $36,659 $24,300 $24,300 $322,462 DBE Participation= 7.5% PROJECT FEE SUMMARY MTCo Labor $229,403 DIRECT COSTS $600 TOTAL MTCO COSTS $230,003 SUBCONSULTANTS $92,459 GRAND TOTAL $322,462 154 SARATOGA CITY COUNCIL ,�" {: MEETING DATE: November 6, 2013 DEPARTMENT PREPARED BY: AGENDA ITEM: City Manager's Office Richard Taylor City Attorney CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Proposed Water Supply Improvements Assessment District RECOMMENDED ACTION: Consider and provide direction to staff regarding the proposal from the Arrowhead Cooperative Company, Inc. to establish an assessment district to construct water supply improvements to serve 39 homes and upon completion transfer those improvements to the San Jose Water Company. BACKGROUND: The Arrowhead Cooperative Company, Inc. ( "ACCI ") provides water service to 39 homes in the between Rolling Hills Road and Blue Hills Lane above Prospect Road in an area annexed to the City in 2006. In October, ACCI made a presentation to the Finance Committee seeking the City's assistance in financing and constructing improvements to the water supply system that would allow the system to be transferred to San Jose Water Company. The Finance Committee recommended that the request be brought before the City Council. ACCI was formed in 1951 to provide water service to six homes. Since that time the number of homes in its service area has expanded to 39. ACCI acquires water from San Jose Water Company at a single supply point, pumps the water to a storage tank, and from there distributes water to individual homes. The existing infrastructure is antiquated and ACCI has considered a number of options for improvements to meet current demand and provide a reasonable quality of service. A representative of ACCI will attend the City Council meeting to answer questions regarding the current system and proposed improvements. ACCI's preferred option is to have San Jose Water Company assume responsibility for water supply and distribution in ACCI's service area. This would require ACCI to provide San Jose Water Company with a satisfactory distribution system at the time of the transfer of responsibility. Estimates prepared roughly ten years ago, put the cost of developing that distribution system at roughly $1,500,000. ACCI proposes that these improvements be funded by the City creating an assessment district in ACCI's service area and issuing bonds secured by the assessment obligations. Page 1 of 3 155 Feasibility The ACCI proposal appears feasible based on an initial legal review. The Municipal Improvement Act of 1913 allows cities to create assessment districts to fund new improvements that will be owned, managed, or controlled by a regulated public utility (San Jose Water Company is a regulated public utility). Although bond counsel will be required to opine on the specifics of the bond issuance, bonds should be permitted under similar principles. San Jose Water Company has indicated that one or more approvals from the Public Utilities Commission may be required but that their regulatory assessment cannot proceed until additional engineering work has been undertaken. Process If the City Council wishes to authorize staff to move forward with implementation of the proposal, staff recommends a process including the following: 1. City staff will convene a Project Management Committee of key staff and representatives of ACCI and San Jose Water. This committee will collaborate throughout the process to ensure clear lines of communication and develop and implement the project work plan. 2. The City and ACCI will enter a deposit agreement similar to those used for applicants for City planning and zoning approvals. The agreement will cover all City costs for implementing the work plan (staff, assessment district consultants, legal counsel, engineers, environmental review, etc.). It would provide that ACCI would be reimbursed for all advances following approval of the assessment district and the issuance of the bonds. 3. The Project Management Committee will develop a specific project work plan. This will include the following components as well as others likely to be identified in the course of project implementation: a. Engineering Assessment by San Jose Water Company to define necessary improvements and anticipated costs; b. Agreement between City and San Jose Water Company regarding construction and acquisition of the improvements; C. Compliance with Public Utilities Commission regulatory requirements; d. Environmental review under the California Environmental Quality Act; e. Bond counsel review; and f. Preparation of Assessment District formation documents and Engineers Report. 4. The City Council will undertake Assessment District formation proceedings. These will include several public hearings and an opportunity for landowners to vote on formation of the district. Page 2 of 3 156 5. Issuance of bonds. Assuming landowner approval of the assessment district, bonds would be issued. Depending on the advice of bond counsel it may be possible to consolidate this with the final step of the assessment district proceedings. 6. San Jose Water will undertake or manage construction of the improvements pursuant to its agreement with the City. 7. Upon completion, the improvements will be transferred to San Jose Water and San Jose Water will commence providing water supply and distribution services. ACCI will be responsible for disposing of all existing infrastructure and any steps necessary to wind up operations. 8. The City will administer the assessment district and repayment of the bonds from assessment district proceeds. The costs of administration would be included in the assessment district. FISCAL IMPACTS: Assuming that the project is funded by ACCI through a deposit agreement and the assessment district administration is covered by annual assessments as described above the project would have no fiscal impacts to the City. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: ACCI would be required to find an alternative source of financing for system improvements or continue to provide service at existing service levels. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): As described above. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's 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. 520652.2 Page 3 of 3 157 SARATOGA CITY COUNCIL MEETING DATE: November 6, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office PREPARED BY: Patrick Tsai City Manager's Office Intern CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Approval of Updated City of Saratoga Records Retention Schedule RECOMMENDED ACTION: Adopt resolution approving the updated records retention schedule. BACKGROUND: In June 2009, the City Council approved the existing records retention schedule. Based on four years of working with the schedule, staff identified opportunities to make improvements to better coordinate with day -to -day City operations and streamline recordkeeping. The City Manager's Office hired an intern, supervised by the Deputy City Clerk, to update its format and content. To update the existing retention schedule, each department reviewed the existing retention schedule to see whether any changes needed to be made to the description, retention, or list of records, given their experience with the prior schedule and understanding of city operations. Staff also consulted guidelines provided by the Secretary of State and referred to the records retention schedules of other cities. The City Attorney then reviewed all of the proposed changes. The key updates are as follows: (1) created a City -wide "General Administration" section; (2) revised names and descriptions of record series to match terms used in program administration; (3) reorganized or consolidated records series; (4) removed inapplicable record series; (5) added new record series; (6) changed record retention periods; and (7) edited citations. All City records are maintained for a minimum of two years. The revisions do not authorize the destruction of any City records before that time. Most revisions retain or extend the retention period established by the 2009 schedule. FISCAL IMPACTS: WAIA Page 1 of 2 158 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City would not be following a schedule that accurately reflects the records being archived and might fail to retain them for the time period required by law. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Distribute updated records retention schedule to departments. 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 Adopting the Updated Records Retention Schedule Attachment B: Updated Records Retention Schedule Attachment C: List of Changes Made to the 2009 Records Retention Schedule Page 2 of 2 159 RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE UPDATED RECORDS RETENTION SCHEDULE WHEREAS, on the 3rd day of June, 2009, the City Council of the City of Saratoga approved a records retention schedule governing the retention of City records; WHEREAS, the schedule has been updated to more accurately reflect the contents, value, and variety of records created by the City of Saratoga; WHEREAS, staff consulted guidelines provided by the Secretary of State and referred to the records retention schedules of other cities to update the legal citations and retention requirements; and WHEREAS, the key updates are as follows: (1) created a City -wide "General Administration" section; (2) edited names and descriptions of record series; (3) reorganized or consolidated records series; (4) removed inapplicable record series; (5) added new record series; (6) changed record retention periods; and (7) edited citations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby adopt the Updated Records Retention Schedule (Attachment A). The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of November 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Crystal Bothelio, City Clerk 160 Jill Hunter, Mayor CITY OF SARATOGA o� S A Rq� ��c Q 4 � }FO � B' 2013 Updated Records Retention Schedule City Manager's Office 11/6/2013 161 Introduction: State law generally requires cities to retain their records for at least two years and in some cases longer periods of time. In addition, efficient administration of City business requires retaining different types of records for different periods. Accordingly the City of Saratoga has prepared this Records Retention Schedule. The Schedule was developed with reference to the Secretary of State Local Government - Records Management Guidelines, City experience with use of various types of records, specific legal requirements applicable to various types of records, and the experiences and practices of other cities. Key terms: The Schedule uses the following key terms: "Record Series ": A record series is a group of similar records arranged under a single filing system or kept together as a unit. They deal with a particular subject, result from the same activity, or have a special form. "Official Retention ": The length of time a record must be retained to fulfill its administrative, fiscal and /or legal function. "Citation ": A reference to legal authority. "Vital" (V), "Historical" (H), "Confidential" (C): Three special characteristics, as defined below, that assist the City with understanding the value of certain records. "Description ": A statement that explains what documents are included within a record series. Retention Period Abbreviations: AU: Year of Audit CU: Current Year CL: Closed E: Election Date L: Life (of improvement or equipment) P: Permanent SU: Superseded T: Term (of employment, contract, etc.) *: Refer to note in the record's description for additional retention details 162 Citation Abbreviations: CCP: Code of Civil Procedure CCR: Code of California Regulations GC: California Government Code H &S: California Health and Safety Code CEQA: California Environmental Quality Act CFR: Code of Federal Regulations EC: Election Code Vital (V). Historical (H). Confidential CCU: FMLA: Family and Medical Leave Act LC: Labor Code OMB: Office of Management & Budget OSHA: Occupational Safety & Health Act R &T: Revenue and Taxation Code UFC: Uniform Fire Code USC: United States Code V: Vital records are critical to the City's business, and are either irreplaceable or very difficult to replace. Vital records enable the City to provide important services during and immediately following a disaster or emergency; meet obligations to employees; reconstruct assets, legal rights and obligations; and establish the City's financial position. H: Historical records may document the City's incorporation, annexations, major projects, and strategic direction. These records may have intrinsic value due to age, author, subject, or special nature. C: Confidential records contain sensitive or private information that would be harmful to an employee or the City if accessed or viewed by unauthorized individuals. Care should be taken to protect confidential records. Policies: The "General Administration" section applies to all departments. For convenience, the destruction date for all non - permanent records is set as Dec. 31 of the relevant year. For example, a record with a retention of CU +2 created on April 12, 2010 would be set for destruction on Dec. 31, 2012. Similarly, if a record was to be retained for CL +7 and the matter closed on April 12, 2010, the destruction date would be set for Dec. 31, 2017. 163 Page 1 Hof 26 Official Record Series Retention Citation V Description GENERAL ADMINISTRATION AU = Year of Audit CU = Current Year CL = Closed E = Election Date L = Life (of improvement or equipment) P = Permanent SU = Superseded T = Term (of employment, contract, etc.) * = Refer to note in the record's description for additional retention details All City policies and procedures, including appropriate policy manuals and handbooks. Administrative Policies SU +5 GC 34090 Records documenting the implementation of management and administrative policies and directions for various City functions. Records of a general nature including copies of memos, letters, chronological files, archived Administrative CU +2 GC 34090 calendars etc. that pertain to the general Records administrative activities and duties of the Department. Records related to membership or the activities of professional or industry associations of which the Association Files SU +2 GC 34090 City or City staff is a member or has a business interest. Bids, proposals, and records of request for Bids and Proposals, AU +S GC 34090; X qualifications and requests for proposals Successful CCP 337 regarding goods and services, where the proposal was selected by the City. Bids, proposals, and records of request for Bids and Proposals, CU +2 GC 34090 qualifications and requests for proposals Unsuccessful regarding goods and services. Unsuccessful proposals not selected by the City. Records related to complaints filed by the public Complaint Files CL +2 GC 34090 regarding the City's operations, activities, or policies. Does not include capital improvement projects. Contracts and CL +10 CCP 337, 343 X Includes leases, equipment, services or supplies. Agreements Official contract filed with the City Clerk. Contracts and Capital improvement projects. Includes Agreements, Capital P GC 34090, X specifications and plans, certificates of insurance, H &S 19850 insurance bonds, and scopes of work. Official Improvement Projects contract filed with the City Clerk. Delegation of Authority Records authorizing specified employees to sign - Signature P GC 34090 for and approve certain activities or documents Authorization Forms during the absence of the individual normally authorized to do so. Page 1 Hof 26 Page 2 Qf ,26 Official Record Series Retention Citation V H C Description Records documenting receipt of items sent by Delivery Receipts CU +2 GC 34090 certified mail or hand delivered (e.g., appeals). General Subject Files/ Working documents and correspondence not in Correspondence CU +2 GC 34090(d) project files. Documents determined to have historic value; i.e., records and photographs related to significant decisions, projects, or programs of City staff. Historical Documents P GC 34090 X E.g., pictures on the creation of the city seal; newspaper article documenting the anniversary of the city. Special or long -range program plans and goals Master Plans/ SU +2* GC 34090 X for the City, e.g., coordination of services. ( *Scan Strategic Plans into electronic repository before destroying.) Minutes, Meeting minutes, records associated with staff Administrative CU +2 GC 34090 meetings, not Council- related. Meetings Records related to providing information to the public and to staff about City activities. Includes internal and external newsletters, news clippings, brochures, and press releases. Records of Publications and presentations to public groups by members of the Presentations SU +2* GC 34090 Council or City staff. Associated working files, such as graphics used in document creation, where applicable. ( *Scan into electronic repository before destroying.) Documents published by outside organizations, Reference Files, CL +2 GC 34090 used for reference or research. Includes reports External Sources from external providers of services to the City and City residents. Reference Files, CL +2 GC 34090 City - generated files used as reference. Internal Reports generated by staff, relating to status or Reports, General CU +2 GC 34090 progress of routine City activities. Not agenda - related reports. Records relating to special projects carried out by Special Projects CU +2 GC 34090 the department. E.g., Tree - lighting ceremony project records. Page 2 Qf ,26 Page 3 Qf,26 Official Record Series Retention Citation V Description ADMINISTRATIVE SERVICES AU = Year of Audit CU = Current Year CL = Closed E = Election Date L = Life (of improvement or equipment) P = Permanent SU = Superseded T = Term (of employment, contract, etc.) * = Refer to note in the record's description for additional retention details ACCOUNTING Reports and related documents showing Account AU +5 GC 34090 transactional activity and month -to -month status Reconciliation of balance sheet accounts. Audit Work Papers AU +5 GC 34090 Back up documents and confirmation letters. GC 34090; 26 Records related to bank transactions including deposit of funds, bank statements, bank Banking Records AU +5 C F R 31.6001- reconciliations, disbursements, and wire fund 1 transfers. Bonds, revenue records relating to interest bearing certificates (negotiable instruments) Bond Documents CL +10 GC 34090; X issued by City to raise revenues, including CCP 337.5 certificates of participation and any non - discharged debt. GC 34090; Summary of all financial accounts. Records General Ledger P CCP 337 X relating to postings to the General Ledger. Community Development Block Grants and 24 CFR associated records: applications, reports, 570.502(b)(3) contracts, supporting documents. Grants, CDBG and CL +4 , 85.42; OMB X Urban Development Cir. A -102, A- 110, A -128, HUD regs Community Development Block Grants and Grants, CDBG - CL +2 GC 34090 associated records, where the application was not Unsuccessful successful and grant was not awarded. Grant information and documentation, including financial data, for all grants applied for by the City. Grants, Financial CL +S* GC 34090 X ( *Certain grants may have individual Records requirements. Refer to grant's close -out procedures.) Documentation of financial transactions entered Journal Entries AU +4 GC 34090 X into the general ledger. Page 3 Qf,26 Page 4 Qf-?6 lot Official Record Series Retention Citation V Description ACCOUNTS PAYABLE Records relating to payment of financial obligations (money owed by the City). Includes vendor and contractor invoices, bills, statements and any non - discharged debt. Also includes Accounts Payable delivery receipts and employee travel (check runs & check AU +4 GC 34090 X reimbursements, petty cash requests for registers) reimbursement, check requests, and expense reports. Records listing individual checks issued, and the date, payee, amount and purpose of each expense. Includes canceled and voided checks. Physical GC 34090; checks returned by the bank, or CD's containing Checks AU +S CCP 337 X digital images of cancelled checks, received monthly from the bank. GC 34090; 26 Records relating to the acquisition, depreciation, CFR 301 65- accrual, and disposal of fixed assets. Fixed Assets AU +4 1(F); CCP X 337 Original copies of Purchase Orders issued by the GC 34090; City to sellers or service providers, detailing Purchase Order Files AU +4 CCP 337 X products or services ordered, terms of sale, and payment agreement. Forms 1099, and W -9s filed for reporting GC 34090; 29 payments to vendors. Records relating to USC 436; IRS withholding orders on payments to instructors or Reg 31.6001- vendors from federal, state, or other agencies. Tax Records, Vendor AU +5 1(e)(2); R &T X X 19530-129 CFR 516.5- 516.6 ACCOUNTS RECEIVABLE Records related to accounting for money owed to Accounts Receivable AU +4 GC 34090 X the City, where the City sends out billing invoices. Includes false alarm cards. GC 34090, Original applications for business licenses Business License Municipal X submitted to the City. Applications P Code 4- 05.070 Business License GC 34090; Business license renewal notice reports and Files T +4 CCP 337 X business license issuance reports. Records related to payment received by the City. Cash Receipts AU +4 GC 34090; X Includes, cash, check, and credit card payments. CCP 337 Page 4 Qf-?6 lot Page 51q#6 Official Record Series Retention Citation V Description BUDGETS Annual operating and capital budget documents relating to internal planning and financial management. Includes budget vs. cost reports, Budgets, Adopted P GC 34090 X summaries, schedules, goals and objectives and milestones. Official City budgets as approved by City Council. Budget Adjustments, AU +4 GC 34090 X Records of alterations to the budget due to Journal Entries changes in City revenue or expenditures. Budgets presented to City Council for approval. Budgets, Proposed CU +2 GC 34090 HUMAN RESOURCES 29 CFR May include enrollment application, release 1602.30 -32, authorizations, copies of proof of premium Benefits File: COBRA T +10 1627.3; 29 X X payment, if applicable. Files USC 1027; GC 34090 FMLA 1993 Records filed as part of a request for leave of US OSHA; 29 absence. May include application and applicable CFR 1910.20; medical records. Benefits File: Medical CL +30 29 X Leaves of Absence CFR1602.30. 32; 49 CFR 192 -9 GC 12946, PERS and beneficiary documents. Benefits File: P 34090, 29 X X Retirement Plans CFR 1627.3(2) Forms 300 -A Annual Summary and 301 (workers Cal OSHA CU +5 8 CCR compensation injury reports) filed with Cal OSHA. 14300.33 Records of the activities and administration of the City Volunteer City's volunteer program, including all records Program Records T +2 GC 34090 X maintained on active and non - active volunteers. The oath or affirmation of any disaster service worker of any city shall be filed in the office of the city clerk of the city. Disaster Service (* If volunteer and not public employee, T = Worker Volunteer T +5* GC 3105(c), X X Termination of volunteer service; If volunteer is a Program Records (e) public employee, T = Termination of employment.) Authoritative manual of employee policies. Employee Handbooks (Personnel Rules and SU +2 GC 34090 X Policies) Page 51q#6 Page 61& Official Record Series Retention Citation V H C Description Official records of personnel history for all active City employees of regular status (full -time and part -time) or temporary status (non- benefited full - time and part- time). Includes all job actions such as new hire paperwork, certifications, Employees Personnel GC 34090; 29 performance appraisals, personnel action Files T +10 CFR 1602.30- X X changes - recorded on personal action forms 32, 1627.3 (PAF), warning and discipline letters, commendations, emergency contact information, and records of leave taken under family leave laws. Separated employees' personnel files are kept as a personnel history record. Not a public record. GC34090; Applications submitted for existing or anticipated Employment CU +2 GC 12946; 29 job openings. (Mostly all electronic files on Applications CFR 1627.3 Calopps.org.) 1 -9 Form; proof of eligibility to work in the United 8 CFR States of America. 274a.2(b)(2)(i ); Immigration Reform /Contr Immigration T +3 of Act 1986 X X Pub. L 99 -603 (8 USC 1324a); GC 34090 GC 6410; 8 Workers Compensation records relating to Insurance, Workers CCR employee industrial claims history. Insurance Compensation P 15400.2(a); X administered through ABAG. LC 110 -139.6 29 USC Contracts, memorandum of understanding Negotiations P 211(c), X X (MOUs), correspondence, and official meeting 203(m), notes. 207(g) May include applications and resumes for those GC 12946; considered and /or selected for the position, GC 6250 et eligibility list, examination material and answer se 29 CFR q'' sheets, job announcements, written Position Recruitment CL +3 1602 seq.; X correspondence with candidates such as rejection 29 CFR R 1607; letters or invitations to the next phase of the 29 CFR 1627.3 process. Page 61& Page 7 114, Official Record Series Retention Citation V H C Description GC 12946, Includes classification salary range tables, 34090;29 classification studies and survey's. Note: Only the Salary Range Tables CFR most current salary range tables and job and Job Descriptions SU +2 516.6(a)(2); X X descriptions are vital records. 29 CFR 1602.14 Training Records and AB 1825 (GC Written records of which employees received Tuition 12950.1); 2 training and the dates of all training sessions. Reimbursement CU +7 CCR 7288.0; X X For sexual harassment training, the name of the Program GC 6250 et training provider. seq. GC 12946, All documented claims submitted by former 34090;29 employees for unemployment compensation. Unemployment USC 1027, Records may include: claim records, notices, Insurance Claim T +6 1113; 29 CFR X reports, records generated by the appeal of claim Records 1602 et seq., determinations. 516.2 INFORMATION TECHNOLOGY Records regarding activities to maintain and ensure continued operation of computer systems Computer System and applications. Checklists and special requests Administration SU +5 GC 34090 X X regarding new users, new system set up, and termination. (Electronic documents.) Archived e -mail shall be maintained for three years; however, this does not override any specific retention requirements of individual E -Mail Archives CU +3 GC 34090 X records series. E -mails that constitute records must be preserved according to their retention periods elsewhere in this schedule. Network information systems (LAN /WAN) Network Configuration SU +5 GC 34090; X configuration maps and plans. Records relating CCP 337.2 to the infrastructure and set -up of servers. (Electronic documents.) Records related to authorizing employees or contractors to have access to a City computer Security Clearance system, system module or the data stored in a Records SU +5 GC 34090 X X computer system or system module. Generally tracks permissions by position or employee classifications. Records related to software applications owned by the City. Includes software registrations and Software Application records related to the maintenance of software Files SU +2 GC 34090 X applications. Licenses, authorization codes and certificates for support services. Page 7 114, Page 81 a 26 Official Record Series Retention Citation V Description PAYROLL Reports and payment records by pay period. Deferred GC 34090; 26 Employee contributions and City payments to Compensation T +5 CFR 31.6001- X X deferred compensation plan 457. Records 1; 29 CFR 1627.3(2) Records relating to individual employees, GC 34090; 29 including new hire, termination, salary, benefits, CFR 516.2, deductions, employee benefit enrollment forms, 516.5- 516.6; direct deposit authorization, W -4, DE -4, and Employee Payroll IRS Reg employee authorizations for deductions. Includes Files T +6 31.6001- X X withholding orders on employees. 1(e)(2); 29 USC 436; R &T 19530 Timesheets, signed by employee, supervisor, and GC 34090; 29 department head, for audit and FEMA Reports. CFR 516.2; Includes applicable sign attachments: requests for 20 CFR time off, overtime authorization. Payroll - Employee 516.6(1); IRS Timesheets (Bi- weekly AU +6 Reg. 31.6001 X X pay run) 1(e)(2); R &T 19530; LC 1174(d) Payroll - Organization GC 34090, Bi- weekly reports listing City costs by employee Re p orts P 37207 X and program. Salary, benefits, and deduction information, filed GC 34090, by pay period. Monthly, quarterly, fiscal year and 37207;22 calendar year reports. Records including CCR 1085 -2; garnishments, adjustments, and PERS (Public Payroll Registers P 29 CFR X X Employee Retirement System) deductions. 516.2, 516.6, 516.6; 26 CFR 31.6001- 1; LC 1174(d) Report to CalPERS detailing employee salary GC34090; information and retirement contributions by pay CAC 22 -1085 period. Reports list a group of employees, not 2; 26 CFR one report per employee. PERS Payroll Reports P 31.6001 -1; 29 X X CFR 516.5- 516.6, LC1174(d) Page 81 a 26 Page 9546 Official Record Series Retention Citation V H C Description GC 34090; 26 Medical, dental, vision, life, disability, CFR 16001 -1; supplemental insurances. Reports list a group of Premium Billings P 29 CFR X X employees, not one report per employee. 1627.3(a), (b)(2) Records relating to the maintenance of GC 34090; 29 information about tax liabilities, withholding and USC 436; 26 payment of taxes, records related to payment of CFR 31.6001 State and Federal taxes including annual W -2 Quarterly & Calendar 1; IRS R EG Forms, and the quarterly and annual DE -9, DE- Year Tax Reporting P - 11- X X 9C, Form 941, DE -6, and DE -7 forms. 1(ee)(2))(2); ; R &T 19530; 29 CFR 516.5- 516.6 REPORTS Comprehensive Annual Financial Report (CAFR) and or Financial Statements. Auditor reports relating to the review and monitoring of accounting or financial records to ensure compliance with GAAP standards and the City's Annual Reports P GC 34090 X financial procedures. Includes: Single Audit reports; TDA Audit reports; GANN Appropriation Limit report; Public Financing Authority (PFA) reports; and Auditor's Internal Control memorandum or reports. Other mandated reports to include: Annual Streets Report; Annual AB 1600 Report; Annual Other Annual Reports P GC 34090 X Property Tax Levy Report; Annual SLESF /COP Report; Maintanence of Effort (MOE) - Public Safety; and Annual Possessory Interest Report. Reports mandated by the State Controller, Reports to the State P GC 34090 X detailing the City's revenues and expenditures for Controller purposes of funding: Annual Cities Report; and Streets Report. Treasurer's Report AU +5 GC 34090 Fund balances: total revenue versus total expenditures. (i.e., status update.) Page 9546 Page 19 yy6 Official Record Series Retention Citation V Description CITY MANAGER'S OFFICE AU = Year of Audit CU = Current Year CL = Closed E = Election Date L = Life (of improvement or equipment) P = Permanent SU = Superseded T = Term (of employment, contract, etc.) * = Refer to note in the record's description for additional retention details Permits issued for events requiring a Special Permits, Special CL +2 GC 34090 Event Permit, Group Use Permit, or Block Party Events Permit. CITY CLERK Agency Report of Fair Political Practices Commission (FPPC) Form Public Off ical SU +2 GC 34090 806. Appointments Original agendas and special meeting notices, including certificates of posting, original summaries, original communications and action Agendas, City Council CU +2* GC 34090 agendas for City Council. Agenda packets, including staff reports and attachments. ( *Scan into electronic repository before destroying.) Applications, Citizen applications for vacancies on City Commissions and CL +2 GC 34090 commissions or committees, where the applicant Committees - Not was not selected. Selected Applications, Citizen applications for vacancies on City Commissions and GC 34090, commissions or committees, where the applicant Committees - T +5 40801 was selected to fill the position. Selected Records of the appointment of an individual to fill Appointments to the a vacant Council seat and serve out the term of a Council P GC 34090 X Councilmember who is unable to complete his or her term. City copy of documents filed with State, establishing incorporation of City and the Articles of GC34090; boundaries thereof. Includes resolutions of the Incorporation P CCP337.2 X X Santa Clara County Board of supervisors and any other records relating to the incorporation of the City. Assessment Districts P GC 34090 X Original documentation of assessment districts in City. Page 19 yy6 Page 1) yff 26 Official Record Series Retention Citation V H C Description Material provided to City Council from members of the public, relating to agendized or non- items, for consideration at any noticed Communications from meeting of the City Council. Retained as part of the Public at Council CU +2* GC 34090 the official City agenda packet for the meeting to Meetings which it pertains. ( *Scan into electronic repository before destroying.) Council Administrative T +2 GC 34090 X Records relating to Council members, current Files contact information, biographies, etc. GC 34090(d), Formal expression of the will, opinion and intent Council Resolutions P 40801 X X voted by the City Council and legislative -type actions. Easements, Records relating to easements, rights -of -way, and Dedications, Rights -of- P GC 34090 X other dedications associated with construction or Way subdivision projects. GC 65864, Records related to franchise agreements with the 65869.5, City, e.g., cable. Includes subdivision agreements, Franchises P 34090; CCP X contracts for sale or purchase of property, grant of 337.2, 343; 5 easements, etc. CCR 16023 CCP 343, 349 Records related to legal advertising required for Legal Advertising CU +4 et seq.; GC public hearings. Includes proof of publication 911.2, 34090 notices. Forms filed with the State regarding City's lobbyist Lobbyist Reporting T +2* GC 34090 consultants. ( *Scan into electronic repository Forms before destroying.) Video recordings of City Council meetings. Meetings, Video P GC 34090.7 X Provides a record of legislative history and intent. Recordings Records regarding meeting minutes, resolutions, Minutes, Council P GC 34090(d), X X actions and decisions of the City Council. Meetings 36814, 40801 Municipal Code P GC 34090 X The City's Municipal Code, with supplements and changes included. Regulations enacted by council action and related records. Certificate of Ordinance Adoption — Ordinances P GC 34090(d), X X States when the ordinance was adopted and 40806 when /how the ordinance was legally advertised. Petitions CU +1 GC 50115, Petitions submitted to the City Council. 6253 Proof of Service For official documents sent by the City: Legal Forms CL +2 GC 34090 forms confirming their delivery either by hand or through Certified Mail. Page 1) yff 26 Page 11 YV6 Official Record Series Retention Citation V H C Description Archived communications (written, voice, or digital) from the public on City matters, not Public Comments and CU +3 GC 34090 included in Council meeting minutes. Includes Correspondence official responses from Mayor, City Council, or City Manager. Records reflecting Public Record Act (PRA) and Public Record Freedom of Information Act (FOIA) requests and Requests CL +2 GC 34090 X material sent in response to same. Documents certifying (confirming) the destruction of official records that have been approved for Records Destruction destruction. The certification attests to the fact Approvals & P GC 34090 that destruction was accomplished in accordance Certificates with applicable procedures. Official version of documents recorded by the Recorded Documents P GC 34090 X X County Recorder's Office. GC 34090; 80 Inventory of non - current or inactive records Records Inventory CU +2 OPS Atty. X holdings and location, indices. Gen. 106 Records regarding the management of City Records Management records, including records maintenance and Files CL +2 GC 34090 transfer records. Does not include the retention schedule or destruction certificates. The document that lists each record series and Records Retention SU +4 CCP 343 X X the associated retention times, characteristics, Schedules responsible division, and legal citations, if applicable. Form 700 detailing financial assets and investments that might create a conflict of interest Statements of GC 81009(e), for individuals required to file a Form 700 as Economic Interest CU +7 (f); 82006; noted in the City's Conflict of Interest Code, such 87200 et seq. as the City Council, City Manager, Commissioners, and other City staff. ELECTIONS* * Please note that elections are administered by the Santa Clara County Registrar of Voters. The City does not handle or retain ballots or voter re itration. Initiative, referendum, and recall records, Initiatives, Ballot GC 34090, including petitions, arguments, rebuttals for Measures, P 34458 - 34460; X measures, and impartial analysis. Referendum EC 17200, 17400 FPPC Filings, including forms 410, 460, 496, and 497, which provide a record of candidate or Campaign Disclosure P GC 81009 committees' campaign finance activities during a (b) (g) campaign. Also includes cadidate intention statements, Form 501. Page 11 YV6 Page 1 1 yb26 Official Record Series Retention Citation V H C Description Original reports and statements, records used to Certificates of Election T +4* GC8(dO) 9(a), certify election results. ( *Scan into electronic repository before destroying.) History of elections: sample ballots, certificates of History P GC 34090 X election, staff reports, and resolutions regarding elections. Nomination paper and other election documents such as, Form 700, Candidate Information EC 17100(a), Request Forms, Candidate Statements of 17300 et Qualification, Foreign Language Given Name Nomination Paper and seq., 20442; Translation Forms, Declarations of Intent to Install Election Documents - P GC 34090, Temporary Political Signs, and Fair Campaign Elected 8100 ( Practices Signature Forms. 820 (f), 82006, , 87200 et seq. Nomination paper and other election documents such as, Form 700, Candidate Information EC 17100(a), Request Forms, Candidate Statements of 17300 et Qualification, Foreign Language Given Name Nomination Paper and seq., 20442; Translation Forms, Declarations of Intent to Install Election Documents - E +5 GC 34090, Temporary Political Signs, and Fair Campaign Not Elected 81009(b), (e), Practices Signature Forms. (f), 82006, 87200 et seq. Oath of office forms filled out by elected officials Oaths of Office T +6* GC 34090; 29 and certified by the City Clerk. ( *Scan into USC 1113 electronic repository before destroying.) EMERGENCY SERVICES Emergency The City's plan for preparing for and handling a Operations Plan SU +2 GC 34090 X variety of disasters and emergency situations. Records documenting the City's long -term recovery efforts after a disaster or emergency. Emergency Recovery CU +25 GC 34090 X Includes records relating to City collaboration with Records County, State or Federal agencies, and non - profit organizations. Docments go to FEMA. Records detailing the work of formal City volunteers, spontaneous volunteers, and City staff Emergency Response CU +25 GC 34090 X during a declared emergency. Also includes Records records documenting activities of emergency operations center (EOC). Documents go to FEMA. Page 1 1 yb26 Page 1 1 Yf 26 Official Record Series Retention Citation V H C Description Documents related to grants awarded for emergency preparedness efforts. Including Grant Records and applications, agreements, progress and financial Agreements, CL +10 GC 34090 X reports and compliance paperwork. Primarily Emergency Homeland Security grants. ( *Certain grants may Preparedness have individual requirements. Refer to grant's close -out procedures.) Grant Records, CL +2 GC 34090 Emergency preparedness grants applied for by Unsuccessful the City, where the grant was not awarded. LEGAL /LEGISLATIVE CCP 583.320 Civil appeals records. Appeals CU +3 (a) (3); GC 34090 Official documents relating to a case or its resolution by settlement. Any records associated with a case that are filed in court, notorized, or authorized. Includes petitions, complaints, 42 USC 1983; subpoenas (where the City is a party to the case), Case Records, Formal P GC 6254, reply briefs, opening briefs, settlement 34090 agreements, filed pleadings, court documents. Does not include internal memoranda or correspondence with opposing side. Supporting case documentation including notes, drafts, correspondence, proposed drafts of Case Records, CL +7 42 USC 1983; settlement agreements, and other less formal or Informal GC 34090 non - signed records. Le., everything not included in Case Records, Formal. Grand Jury Reports CU +10 GC 34090, X Reports received from Santa Clara County Civil and City Responses 6276.22 Grand Jury, and City responses. GC 34090, Written legal opinions resulting from research on Opinions SU +2 6254 X a given topic. (Le., Research memoranda.) 42 USC 1983; Court ordered requests to the City for documents Subpoenas CL +7 GC 34090 or witnesses, where the City is not a party to the case. PROPERTY Records relating to abandonment, condemnation, Abandonments P GC 34090(a) X and demolition of City -owned buildings. Acquisitions/ GC 34090(a); Supporting documents regarding the sale, Dispositions P GC 6254 X purchase, exchange, lease or rental of property by the City for more than one year. Page 1 1 Yf 26 Record Series Official Retention Citation V H C Description Real estate appraisals relating to potential Appraisals CL +2 GC 34090; X X acquisition of property by the City. Exempt from GC 6254(h) disclosure until final acquisition is made, or until contract agreement is obtained. Title deeds and other records establishing City GC 34090(a); ownership of property. 24 CFR Deeds and P 570.502(b)(3) X Promissory Notes 124 CFR 8.42 & OMB Circ. SA -110 Page 11 yy6 Page 19 YV6 Official Record Series Retention Citation V Description COMMISSIONS AND COMMITTEES AU = Year of Audit CU = Current Year CL = Closed E = Election Date L = Life (of improvement or equipment) P = Permanent SU = Superseded T = Term (of employment, contract, etc.) * = Refer to note in the record's description for additional retention details Original agendas and special meeting notices, Agendas, including certificates of posting, original Commissions & CU +2* GC 34090 X summaries, original communications and action Committees agendas. ( *Scan into electronic repository before destroying.) Agenda packets prepared for commissions and Agenda Packets, committees, including staff reports. ( *Scan into Commissions & CU +2* GC 34090 X electronic repository before destroying.) Committees Material provided to commissions and committees from members of the public, relating to agendized or non - agendized items, for Communications from consideration at any noticed meeting of the the Public at CU +2* GC 34090 X commission or committee. Retained as part of Commission Meetings the agenda packet for the meeting to which it pertains. ( *Scan into electronic repository before destroying.) Video recordings of commission and committee Meetings, Video P GC 34090 X meetings. Provides a record of legislative history Recordings and intent. Minutes, Commissions GC 34090, Meeting minutes, records associated with & Committees P 36814, 40801 X X meetings of commissions and committees, including Council committees. Resolutions generated by commissions or Resolutions P GC 34090(e) X committees. Includes approval or disapproval of planning projects, etc. Page 19 YV6 Page 17I pF Official Record Series Retention Citation V Description COMMUNITY DEVELOPMENT AU = Year of Audit CU = Current Year CL = Closed E = Election Date L = Life (of improvement or equipment) P = Permanent SU = Superseded T = Term (of employment, contract, etc.) = Refer to note in the record's description for additional retention details BUILDING Permits issued by City. Records related to plans, signs, grading, encroachment, including GC 34090(a); blueprints and specifications. Approval to Building Permit Files P H &S 19850, X construct or renovate property. Includes 4003, 4004 structural calculations and soil and geotechnical reports as needed; and inspection records. National Electrical Code, Uniform Building, Fire, Code Books SU +3 GC 34090; X Mechanical, Plumbing, etc. Includes CCP 340.5 supplements. House Numbers P GC 34090(a) X Address assignments /changes. CODE COMPLIANCE Records of City - handled code violations relating Abandoned Vehicles CL +2 GC 34090(d) to abandoned vehicles. Does not include cases handled by Sheriff's office. Alarm Permits SU +2 GC 34090 Security alarm permits for homes or businesses located in the City. Horse and kennel permits issued by the City, Permits, Animal CL +2 GC 34090 associated documentation. Permits issued by the City required for Permits, Massage establishing, managing, or practicing at a Establishment /Practiti CL +2 GC 34090 massage establishment within City limits. oner Associated documentation. Permits issued by the City allowing an exception Permits, Noise to the City's noise ordinance for the purposes of Exception CL +2 GC 34090 construction or other approved activity. Associated documentation. Permits issued by the City allowing permit - holders Permits, Solicitor CL +2 GC 34090 to solicit within City limits. Associated documentation. Building, housing and mobile home code violation Violations, Building, records including inspections; public nuisance, Property, Zoning CL +2 GC 34090(d) rubbish and weed abatement, vehicle abatement, citations, and related complaints. Page 17I pF Page 19 gf126 Official Record Series Retention Citation V Description PLANNING Reports, agreements, and public notices related Annexations P GC 34090(a) X to applicants' requests for annexation of property to the City. City Boundary P GC 34090 X Map of city boundary limits. CCP337, Infrastructure contracts, franchises. Development P 337.1(a), X Agreements 337.15; 48 CFR 4.703 California Environmental Quality Act: Exemptions, Environmental Impact Report, mitigation GC 34090(a); monitoring, negative declaration, notices of Environmental Review P CEQA X completion and determination, comments, (CEQA) Files Guidelines statements of overriding considerations. Includes environmental audit records for these files. General Plan and P GC 34090 X General Plan dictating acceptable land uses for Elements the City. Includes sphere of influence. General Plan Records of proposed amendments to the General Amendments, P GC 34090 X Plan that have been approved. Approved General Plan GC 34090, Records of proposed amendments to the General Amendments, Denied CU +3 65103, 50110 X Plan that have been denied. Historic Preservation P GC 34090 X List of historic structures and landmarks within Inventory City limits. Special application required in addition to planning application when applicant's proposed Heritage Resource CL +2 GC 34090 plans are alterations to a house or structure Alteration Applications designated as historic or declared a heritage resource. Maps, Plans, GC 34090; Zoning, tentative subdivision, parcel, land use Drawings, Exhibits, P H &S 19850; X map, street names, specific plans. Included in Photos GC 34090.7 Project Files, Planning and Zoning. May include photographs, planning application, blueprints, drawings, maps, plans, reports (including arborist reports), evaluations, correspondence, use permits, variances, studies, Project Files, Planning GC 349 appeals, compliance certificates, public notices, and Zoning P 1 850); X documents confirming delivery of public notices, 4003, 4 4004 004 400 conditions of approval, lot line adjustments, or other planning - related matters. Project specific records that pertain to real property. Records of security deposits provided to the City Security Bonds and CL +2 GC 34090 for certain projects, guaranteeing that the projects Deposits will follow specific guidelines. Includes tree deposits. Page 19 gf126 Page 14 gY6 Official Record Series Retention Citation V H C Description Tree removal permit applications and Tree Removal Permit CU +2* GC 34090; photographs. ( *Scan into electronic repository Applications H &S 19850 before destroying . ) Page 14 gY6 Page 2 q gy6 Official Record Series Retention Citation V Description PUBLIC WORKS AU = Year of Audit CU = Current Year CL = Closed E = Election Date L = Life (of improvement or equipment) P = Permanent SU = Superseded T = Term (of employment, contract, etc.) = Refer to note in the record's description for additional retention details CORPORATION YARD GC 34090; Annual permits issued to the City by the Bay Area Air Quality Permits SU +7 CCP 338(k) Air Quality Management District, allowing usage of City's gasoline refueling station. Hazardous Materials 8 CCR Trainings materials and records regarding the SU +2 3204(d) et. handling of hazardous materials. Training Files Seq. Hazardous Waste CAL OSHA; Documentation regarding the handling and CU +10 40 CFR disposal of hazardous waste. Disposal Records 122.21 8 CCR 3204, Records relating to the description, use, and safe Material Safety Data P 5194(b)(5)(1)( handling of hazardous substances. Sheets (MSDS) 2) Signage L +2 GC 34090 Log books, index register cards, inventory lists, records of traffic signs. Underground Storage Documents related to underground storage tanks Tanks, Compliance P GC 34090 and compliance with regulations. Underground Storage Location, installation, removal, remediation. Tanks, Maintenance P GC 34090 and Operation Vendor Files AU +4 GC 34090 Invoices and copies of purchase orders by vendor. Work orders received from Traffic Safety Work Orders CU +2 GC 34090 Committee, the public, and upper management. ENGINEERING Map and description of benchmarks - elevation Benchmark Data P GC 34090(a) points. Four -page document unlikely to ever change. Certificates of bonds insuring City projects. Bonds, Insurance P CCP 337.21 X Includes material bonds and work performance 343 bonds. Incorporated into contract. Bridge and Overpass State reports on status of bridges and overpasses L GC 34090 X in the City. Kept for life of structure. Reports Page 2 q gy6 Page 2) gff 26 Official Record Series Retention Citation V Description Capital Improvement Public projects carried out by the City. Includes Projects P GC 34090 X plans, permits, and supporting documentation. Records of projects for residents or businesses in which City receives a deposit from applicant, arranges for various surveys and studies to be Deposit Account P CCP 337; GC performed by approved consultants, including city Projects 34090 geologist, who are paid through applicant's deposit. File includes plans, and reports generated, such as soil reports. Part of project files for both Capital Improvement Projects and Deposit Account Projects. Includes Drawings P GC 34090 site map, plan, and specifications, traffic control plans. Included in Capital Improvement Projects and Deposit Account Projects. Records relating to easements, rights -of -way, and Easements, other dedications associated with construction or Dedications, Rights -of- P GC 34090 X subdivision projects. Includes abandonments and vacations of the above. (Officially recorded Way documents are held by the City Clerk.) California Environmental Quality Act: Exemptions, environmental impact report, mitigation monitoring, negative declaration, notices of Environmental Review GC 34090(a); completion and determination, comments, (CEQA) Files P CEQA X statements of overriding considerations. Often guidelines included in Capital Improvement Project Files. For subdivisions, filed in Deposit Account file. Environmental Review Correspondence, consultants, issues, - Supporting CL +2 GC 34090(d) conservation. Documentation Grants applied for by the City for funding capital improvement projects. Includes applications, Grants, Federal and reports, contracts, supporting documents. State CL +5* GC 34090 X Included in Capitla Improvement Project Files. ( *Certain grants may have individual requirements. Refer to grant's close -out procedures.) Grants, Unsuccessful CL +2 GC 34090 Grants applied for by the City for funding projects, where the grant was not successful. Paper maps of fire hydrants, lighting districts, wheel chair ramps, storm drains, streets, Maps and Plats P GC 34090 X sidewalks, sewers, etc. Includes survey maps (Record of Survey). Plats of City property lines and parcels. Page 2) gff 26 Page 219V6 Official Record Series Retention Citation V H C Description National Pollutant Discharge Elimination System 40 CFR permit booklet describing Clean Water Act NPDES Permit Books P 122.28 requirements for City projects and stormwater runoff. Called Municipal Regional Permit (MRP). 40 CFR Annual report on the City's compliance with the NPDES Report CU +5 122.410)(2) National Pollutant Discharge Elimination System permit. Permits issued by City to residents or Permits, organizations allowing improvements along City - Encroachment - P GC 34090 X owned property or roads, e.g., for driveway Issued by City alterations or underground utility trenches. Permits, Encroachment permits issued to the City, e.g. for Encroachment - From P GC 34090 X maintenance along Highway 9 or Big Basin Road. External Entities Included in Capital Improvement Project Files. Permits, Oversize CL +2 GC 34090 Permits issued by City allowing transportation of Load oversize load within City limits. Final reports on soil analysis, construction Soil Reports P GC 34090(d) recommendations. Included in Deposit Account Project files. Annual reports regarding amount of contribution Special Districts P GC 34090(a) made by city residents toward landscape and lighting districts. Standards and City standards and specifications for projects that Specifications SU +2 GC 34090 impact roadways, infrastructure, or storm drains. Logs, drawings, wiring diagrams, codes, circuit numbers, installation records, testing, and maintenance records. Siemens produces and Traffic Signals L +4 GC 34090 X maintains these files. City may have copies of particular reports incorporated in Capital Improvement Projects file. PARKS Drawings, specifications, photos, and reports for Landscape Records CU +2 GC 34090 lighting and landscaping districts. Maintenance/ CU +2 GC 34090 Copies of invoices held for reference for future Operations contracts. Maps P GC 34090 Irrigation, plot plans. Pest and Weed 3 CCR Copies of monthly reports sent to state Control - Agricultural P 6624(g); GC Department of Agriculture. Reports list the type of pesticide, amount used, for what purpose, and Use Reports 34090 acreage applied to. Pesticide/ Herbicide 3 CCR Internal records of pesticide and herbicide use by Use Reports P 6624(g); GC park and employee. 34090 Plaques P GC 34090 X Records of plaques in the City. Includes tree and bench dedication plaques. Page 219V6 Page 2j pf„26 Official Record Series Retention Citation V H C Description Reports, Playground CL +2 GC 34090 Monthly inspection reports on the safety of Safety playground equipment in City parks Sports Organization Payment records relating to field rentals by sports Agreements SU +2 CCP 337 organizations. STREETS AND FLEET Meter readings, fuel consumption reports, Fueling AU +3 CCP 337 invoices, receipts and records pertaining to refueling of City vehicles. Inventory, Equipment L +2 GC 34090 X Includes vehicles and related documentation regarding repairs. Owner's manual, warranty documents, Inventory, Vehicle L +2 GC 34090 X Department of Motor Vehicle title and registration, Ownership and Title and related documents. Forms and related documents related to licenses and permits required by federal or state agencies. Licenses and Permits L +2 GC 34090 X License is received once for the life of the vehicle. Records related to requests for service and work Maintenance/ L +2 GC 34090 orders for fuel, vehicle, and equipment Operations maintenance and repairs. Vehicle Inspection CU +3 GC 34090 Records related to monthly inspection and Records certification of fleet vehicles. Page 2j pf„26 Page 21 pf 26 Official Record Series Retention Citation V Description RECREATION /FACILITIES AU = Year of Audit CU = Current Year CL = Closed E = Election Date L = Life (of improvement or equipment) P = Permanent SU = Superseded T = Term (of employment, contract, etc.) * = Refer to note in the record's description for additional retention details FACILITIES Asbestos Records P GC 34090(a) Documents relating to abatement projects for city buildings. GC 34090(a); Building permits issued for City facilities projects. Building Permits P H &S 19850, Approval to construct or renovate property, zoning 4003, 4004 variances and conditional use permits. 2.083110; GC Records regarding the planning, design, construction, conversion or modification of City - Capital Improvements, P 34090(a), owned facilities, structures, and systems. Construction 4004; H &S 19850 Drawings and plans for City -owned buildings and Drawings L +2 H &S 19850 X facilities. Drawings may be associated with renovations or improvements, or new construction. Records relating to ownership of equipment, including drawings, operating instructions, Equipment Ownership L +3 GC 34090 warranties, and registrations. E.g., HVAC, generator, ovens, fridges, appliances. All records relating to rental usage of City -owned facilities, including application, reservation form /contract, permission to serve alcohol form, Facility Rentals CU +4 GC 34090 "clean and ready" agreement, clean -up checklist, schedules, calendars, receipts, and invoices. Records related to grants received for City facilities projects. ( *Certain grants may have Grants, Federal and individual requirements. Refer to grant's close -out State CL +S* GC 34090 X procedures. Grants usually close when money is used and City receives a certificate of completion.) Grants, Unsuccessful CL +2 GC 34090 Grants applied for by the City to fund facilities projects, where the grant was not awarded. UFC 103.34, Certificates of inspection by fire department of fire Inspections, Fire CL +5 GC 34090 alarms and sprinkler systems in City -owned facilities. Page 21 pf 26 Page 21 gy6 Official Record Series Retention Citation V H C Description Records related to specialty inspection of Inspection Records, CL +5 GC 34090 construction activities to ensure compliance with Construction Specialty specifications. Work orders and invoices relating to maintenance Maintenance Records CU +2 GC 34090(d) of City -owned facilities. Includes monthly work order status reports. Records related to improvements, renovations, or construction of City -owned facilities. Includes Project Files L +2 GC 34090 photographs of the construction sites. Smaller projects. Status reports detailing current and recently - Reports, Facilities CU +2 GC 34090 completed facilities projects and present status. Projects Records of the precise details and description of Specifications and L +2 GC 34090 the service or project to be completed, or the item Plans to be ordered. Included in Project Files. RECREATION Quarterly Activity Guides listing all classes, Activity Guides SU +2* GC 34090 X camps, trips, events, etc. ( *Scan into electronic repository before destroying.) Reports generated quarterly to see bottom line of Bottom Line Reports CU +2 GC 34090 Recreation classes. Class Rosters CU +2 GC 34090 List of registered students in a class or program. CCP 337; GC Recreation instructor records including contracts, Instructor Applications T +4 12946; X applications, W -9 forms, and all contact and Contracts information for all current Contract Instructors. IRS.GOV Trip and class fliers, photographs of classes, Promotional Marketing CU +7 GC 34090 press releases, etc. Includes materials used in preparation of marketing materials. Registration forms for classes or programs, filled Registration Forms CU +2 GC 34090 X out by participants with credit card payment information redacted. Done electronically now. Release of Liability/ I Release of Liability and Health Forms required of Health Forms CU +4 GC 34090 X trip participants. Page 21 gy6 Page 29 9V6 Official Record Series Retention Citation V Description RISK MANAGEMENT Copy of annual Memorandum of Coverage Association of Bay (MOC), declarations, and exclusions. ( *Hold onto Area Governments as long as claim files are held. Scan into (ABAG) Plan Liability CL +5* GC 34090 X electronic repository before destroying. ) Insurance Information and Documents Records regarding claims of wrongdoing by the City or its employees. Claims generally request compensation for damage or loss. Records Claim Files CL +5 GC 34090, X X include photographs taken by City employees or 25105.5 members of the public documenting claims, accidents, or incidents involving City property or employees. Evacuation drills, Safety Committee records and Employee Safety CU +10 GC 34090 minutes, Safety Inspection Reports, Injury Illness Information Prevention Program records, and Safety Training. Insurance certificates issued by the City's insurance administrator. Insurance certificates Insurance Certificates T +5 GC 34090 X naming the City as additionally insured for events taking place on City property. Minutes, Risk Meeting minutes, records associated with staff Management CU +2* GC 34090 meetings, not Council- related. ( *Scan into Committee I electronic repository before destroying.) OMB 1220- ABAG Plan reports related to City claims, loss Risk Management CL +S 0029; 29 CFR X runs, loss analysis and related records. Safety Reports 1904.4; GC reports, actuarial studies. 34090 Page 29 9V6 List of Changes Made to the 2009 Records Retention Schedule: Reformatting: 1) Consolidated all departmental general administration sections into one uniform general administration section that begins on the first page of the retention schedule 2) Consolidated the following record series: "Agendas, Commissions and Committees "; "Agenda Packets, Commissions & Committees "; and "Minutes, Commissions and Committees" under the Commissions and Committees section. 3) From General Administration - City Manager's Office section, moved Public Comments and Correspondence to City Clerk section. 4) From City Manager's Office, moved Human Resources Section to Administrative Services. 5) From General Administration - Community Development section: i. Moved the following to the Planning section: 1. Aborist Files; 2. Historic Preservation; 3. Maps, City Boundary; 4. Security Bonds; 5. Grants, CDBG and Urban Development; 6. Grants, Unsuccessful; and 7. Photographs ii. Moved Code Books to the Building section. 6) From General Administration — Administrative Services section, removed Photographs because these documents are retained with the records relating to the subject of the photo and separate records are not required. 7) From General Administration — City Manager's Office, removed Photographs because these documents are retained with the records relating to the subject of the photo and separate records are not required. 8) From General Administration — Community Development, removed Photographs because these documents are retained with the records relating to the subject of the photo and separate records are not required. 9) From General Administration — Public Works, removed Photographs because these documents are retained with the records relating to the subject of the photo and separate records are not required. 10) From General Administration — Recreation/Facilities, removed Photographs. See Promotional Marketing because these documents are retained with the records relating to the subject of the photo and separate records are not required. 11) From Administrative Services, Accounts Payable section, removed Bids and Proposals, Successful; and Bids and Proposals, Unsuccessful because these are part of the new uniform general administration section. Page 1 of 24 190 12) From Community Development, Planning section, removed Bids and Proposals, Successful; and Bids and Proposals, Unsuccessful because these are part of the new uniform general administration section. 13) From City Manager's Office, Legal /Legislative section, removed Contracts and Agreements; and Contracts and Agreements, Council Approved because these are part of the new uniform general administration section. 14) Added legend under General Administration and under every department Substantive Changes: 1) General Administration: i. Administrative Decisions and History: 1. Name: changed from "Administrative Decisions and History" to "Historical Documents." 2. Description: removed "administrative records," and replaced with "Documents "; added "and photographs" and "E.g., pictures on the creation of the city seal; newspaper article documenting the anniversary of the city." ii. Administrative Policies: 1. Retention period: changed from SU +2 to SU +5 in accord with Secretary of State (SOS) guidelines. 2. Citation: removed GC40801 because not relevant. iii. Administrative Records: 1. Description: added "archived" before "calendars "; remove "day timers, phone messages ". iv. Association Files: 1. Retention period: changed from CU +2 to SU +2 (after the professional membership or association ends, the record related to membership may be destroyed after two years) v. Bids and Proposals, Successful: 1. Retention period: changed from T +4* to AU +5 according to SOS guidelines. 2. Description: removed " *T = term of the contract." vi. Bids and Proposals, Unsuccessful: 1. Retention period: changed from T +4* to CU +2 according to SOS guidelines. 2. Description: removed " *T = term of the contract." vii. Contracts and Agreements: 1. Retention period: changed from CL +4 to CL +10. 2. Citation: added CCP 343 to citations. Page 2 of 24 191 3. Description: removed "Contracts and agreements that do not require approval by City Council. Generally contracts under $25,000,"; removed "Includes specifications and plans, certificates of insurance, scopes of work. "; added "Does" before "not capital... "; added "Includes leases, equipment, services or supplies. "; added "Official contract filed with the City Clerk." viii. Contracts and Agreements, Council Approved: 1. Name: changed from "Contracts and Agreements, Council Approved" to "Contracts and Agreements, Capital Improvement Projects." 2. Retention period: changed from CL +4 to P according to SOS, 3. Citation: added H &S 19850. 4. Description: removed "Contracts and agreements requiring City Council approval. Includes all contracts over $25,000. Most "; added "insurance bonds ". ix. Delegation of Authority - Signature Authorization Forms: 1. Citation: removed "City Policy" here and elsewhere because no city policy other than the record retention schedule itself is applicable. x. Delivery Receipts: 1. Moved record series from City Clerk section to General Administration section. xi. General Subject Files /Correspondence: 1. Citation: changed from GC34090d to GC 34090(d). xii. Master Plans /Strategic Plans: 1. Citation: changed from SU +2 to SU +2* 2. Description: Added "( *Scan into electronic repository before destroying.) ". xiii. Removed record series, "Order Forms, Stores ", because orders are done online and any printed records would fall under another record series. For example, invoices would fall under "Accounts Payable (check runs & check registers) ". xiv. Reference Files, External Sources; and Reference Files, Internal: 1. Retention period: changed from SU +2 to CL +2. xv. Special Projects: 1. Description: added, " E.g., Tree - lighting ceremony project records." 2) Administrative Services: i. Accounting: 1. Audit Records: a. Moved "Audit Records" record series description down to Reports section and consolidated it with "Annual Financial" record series. b. Name: changed from "Audit Records" to "Annual Reports ". 2. Audit Correspondence: Page 3 of 24 192 a. Name: changed from "Audit Correspondence" to "Audit Work Papers ". b. Description: replaced "Formal correspondence associated with the yearly financial audit." with "Back up documents and confirmation letters." c. Retention period: changed from AU +4 to AU +5 to be consistent with check destruction. 3. Moved "Account Reconciliation" and `Bank Reconciliation" record series from Reports section to Accounting section because these series are working papers, not reports. a. Remove "Bank Reconciliation" completely because already covered in "Banking Records" record series. b. Account Reconciliation: Description: added "and related documents" and "transactional activity and ". 4. Moved "CDBG and Urban Development ", and "Grants, Unsuccessful" from Community Development section to Accounting section a. Grants, CDBG and Urban Development: i. Retention period: changed from T +4 to CL +4 according to SOS guidelines. ii. Citation: removed GC34090; added (b)(3) to 24 CFR 570.502; added a comma between 570.502(b)(3) and 85.42; added "HUD regs ". b. Grants, Unsuccessful: Retention period: changed from CU +2 to CL +2 according to SOS guidance. ii. Name: changed from "Grants, Unsuccessful" to "Grants, CDBG — Unsuccessful ". 5. Grants, Financial Records: a. Description: italicized "Certain grants may have individual requirements. Refer to grant's close -out procedures "; added parentheses and " *" to language. 6. Journal: a. Name: changed from "Journal" to "Journal Entries" for clarification. b. Description: replaced "Records balancing bank accounts with transfers, corrections, and the general ledger." with "Documentation of financial transactions entered into the general ledger." Page 4 of 24 193 c. Retention period: changed from AU +7 to AU +4 because it complies with minimum requirements and creates consistency with the destruction of other financial files, particularly, "Budget Adjustments, Journal Entries" (As changed to AU +4). d. Citation: removed reference to CCP 337 7. Removed record series "Public Financing Authority — Financial Records" and added its description of "Public Financing Authority (PFA) reports" to the description of "Annual Report". ii. Accounts Payable: 1. Accounts Payable: a. Name: change from "Accounts Payable" to "Accounts Payable (check registers and check runs) ". b. Description: added the description from "Check Registers" into the description of "Accounts Payable (check registers and check runs) ". c. Citation: removed GC 60201 because not applicable. d. Marked as a Vital record 2. Removed record series, "Check Registers" because included in series above. 3. Purchase Order Files: a. Description: added "Original" before "copies of Purchase Orders 4. Removed record series: "Levy records, Instructor or Vendor" because included in series, "Tax Records, Vendor ". 5. Tax Records, Vendor: a. Retention period: changed from AU +7 to AU +S. b. Description: added "and W -9s "; added description from "Levy records, Instructor or Vendor" record series into "Tax Records, Vendor" record series; replaced "Records relating to funds levied on payments to instructors or vendors due to withholding orders from federal, state, or other agencies." with "Records relating to withholding orders on payments to instructors or vendors from federal, state, or other agencies." c. Citation: added GC34090 and 29 CFR 516.5 - 516.6. iii. Accounts Receivable: 1. Business License Files: a. Description: replaced "Records related to business licenses, including copies of issued licenses, and audits" with "Business license renewal notice reports and business license issuance reports." Page 5 of 24 194 2. Cash Receipts: a. Description: removed sentence, "Includes records relating to property taxes collected by the state and disbursed to Saratoga." b. Citation: replaced CCP338 with GC34090. iv. Budgets: 1. Budget Adjustments: a. Name: changed name from "Budget Adjustments" to "Budget Adjustments, Journal Entries." b. Retention period: changed from P to AU +4 which meets SOS guidelines and is consistent with retention period for "Journal Entries ". c. Description: Removed "requiring approval from City Council." 2. Budgets, Approved: a. Name: changed from "Budgets, Approved" to "Budgets, Adopted" for clarification. b. Description: removed "Records" from the first sentence and replace it with, "Annual operating and capital budget documents "; replaced "worksheets" with "schedules." 3. Budgets, Proposed: a. Description: removed "but not approved." v. Human Resources: 1. Cal OSHA: a. Citation: added 8 CCR 14300.33. b. Description: added "(workers compensation injury reports) filed with Cal OSHA ". c. Retention period: changed from T +25 to CU +S. 2. COBRA Files: a. Name: changed from "COBRA Files" to `Benefits File: COBRA Files ". b. Citation: removed 29 CFR 1627.3 (Records to be kept by employers); 29 CFR1602.30 (EEOC), 1602.32 (EEOC); added 29 CFR 1602.30-32,1627.3; 29 USC 1027; GC 34090 3. Disaster Service Worker Volunteer Program Records: a. Retention period: changed from T +2 to T +5 *. b. Description: removed "The Registration form with oath or affirmation shall be filed within 30 days of the date it was taken to the HR division or designated department as the official repository for Disaster Service Worker records and required in the event of a volunteer workers compensation injury. "; added "The oath or affirmation of any disaster service worker of any city shall be filed Page 6 of 24 195 in the office of the city clerk of the city. "; added "(* If volunteer and not public employee, T = Termination of volunteer service; If volunteer is a public employee, T = Termination of employment.) ". c. Citation: removed www.oes.ca.gov, Disaster Service Worker Volunteer Program; added GC 3105(c), (e). 4. Employee Handbooks (Personnel Rules and Policies): a. Description: added "Authoritative manual of employee policies." b. Retention period: changed from SU +5 to SU +2 according to SOS guidelines. c. Citation: removed GC 12946 as it is not applicable. 5. Employee Personnel Files: a. Description: added "- recorded on personal action forms (PAF) ". 6. Immigration: a. Citation: added 8 CFR 274a.2(b)(2)(i); Pub. L 99 -603 (8 USC 1324a); GC 34090. 7. Insurance, Workers Compensation: a. Citation: replaced 29 CFR 1910.20 with 8 CCR 15400.2(a) and LC 110 - 139.6, applicable to record series. b. Description: added "Internal ". 8. Medical Leaves of Absence: a. Name: changed from "Medical Leaves of Absence" to "Benefits File: Medical Leaves of Absence ". b. Change retention period from T +5 to CL +30 in accordance to SOS's guidelines. 9. Negotiations: a. Description: added "memorandum of understanding." b. Citation: removed 29 CFR 516 because not applicable; added 203(m), 207(g). 10. Position Recruitment: a. Description: removed "not hired," and replaced with "considered and/or selected for the position "; remove "applicants" and replaced with "candidates ". b. Retention period: changed from CU +3 to CL +3 in accordance with SOS guidelines. 11. Retirement Plans: a. Name: changed from "Retirement Plans" to "Benefits File: Retirement Plans ". b. Description: removed "Deferred Retirement Plan(s)" and "Note: Employees enrollment information is maintained in the Personnel Files."; added "beneficiary ". Page 7 of 24 HE 12. Salary Range Tables and Job Descriptions: a. Retention period: changed from CU +2 to SU +2. b. Citations: added 29 CFR 516.6(a)(2); 29 CFR 1602.14. 13. Training Records and Tuition Reimbursement Program: a. Description: replaced "," after "received training" with "and. "; put a "." after "training sessions "; removed "the content and material covered in each training session and the qualifications of the instructor. "; added "For sexual harassment training, the name of the training provider. ". b. Retention period: changed from T +2 to CU +7 according to SOS guidelines. 14. Unemployment Insurance Claim Records: a. Citation: added ", 516.2 ". vi. Information Technology: 1. Computer System Administration: a. Description: added " E.g., checklists and special requests regarding new users, new system set up, and termination." 2. E -mail Archives: a. Citation: removed "City Policy ". b. Removed marking as a confidential record 3. Software Application Files: a. Description: added "and certificates "; added "paper" to beginning of description. b. Retention period: changed from CL +4 to SU +2. c. Citation: changed from CCP 337 to GC 34090. vii. Payroll: 1. Deferred Compensation Records: a. Description: added "to deferred compensation plan 457" in the last sentence of the description. 2. Employee Payroll Files: a. Description: removed "Includes levy records on employees. "; replaced with "Includes withholding orders on employees. ". b. Retention period: changed from CU +6 to T +6. c. Citation: changed from "26 CFR 16001 -1; 29 CFR 1627.3(a)" to "GC 34090; 29 CFR 516.2, 516.5 - 516.6; IRS Reg 31.6001- 1(e)(2); 29 USC 436; R &T 19530 ". 3. Payroll- Employee Timesheets: a. Name: added, "(Bi- weekly pay run) ". b. Description: replaced "FEMA" with "Federal Emergency Management Agency (FEMA) ". Page 8 of 24 197 4. Payroll — Organization Reports: a. Description: added `Bi- weekly" to the beginning of the description. b. Retention period: changed from AU +2 to P according to SOS guidelines. 5. Merged "Payroll- Salary and Deduction Registers" record series into "Payroll Registers" record series. Moved description of "Payroll - Salary Deduction Registers" into "Payroll Registers ". a. Description: "Records including garnishments, adjustments, and PERS (Public Employee Retirement System) deductions. ". Excluded "deduction authorizations" because not applicable. b. Citation: merged citations GC 34090, 37207 with 22 CCR 1085 -2; 29 CFR 516.2, 516.6, 516.6; 26 CFR 31.6001 -1; LC 1174(d). 6. PERS Payroll Reports: a. Description: added "Reports list a group of employees, not one report per employee. ". b. Retention period: changed from CU +6 to P in accordance with SOS guidelines and to keep the method of reporting, by group, rather than individual. 7. Premium Billings: a. Description: added "Reports list a group of employees, not one report per employee." b. Retention period: changed from CU +6 to P in accordance with SOS guidelines and to keep the method of reporting, by group, rather than individual. c. Citation: added GC34090. 8. Tax Records, Employee: a. Name: changed from "Tax Records, Employee" to "Quarterly & Calendar Year Tax Reporting ". b. Description: removed reference to 1096, and added DE -9, DE -9C, and Form 941. c. Citation: added GC 34090; 29 USC 436; IRS REG 31.6001 - 1(e)(2); R &T 19530; 29 CFR 516.5 - 516.6. viii. Reports: 1. Created new series called "Annual Reports," replacing "Annual Financial ": a. Description: included previous description of "Audit Records" record series from Accounting section; added "Comprehensive Annual Financial Report (CAFR) and/or Financial Statements "; added "(PFA) ". Page 9 of 24 •m b. Retention period: kept P retention because these documents are the summation of the City's annual financial situation. c. Marked as Historical record. 2. Moved "Account Reconciliation" and "Bank Reconciliation" record series to Accounting section because these series are working papers, not reports. 3. Created new section called "Other Annual Reports ": a. Description: "Annual Streets Report; Annual AB 1600 Report; Annual Property Tax Levy Report; Annual SLESF /COP Report; Maintenance of Effort (MOE) — Public Safety; and Annual Possessory Interest Report. "; added to description, "Other mandated reports to include: ". b. Mark as Historical record. 4. State Controller: a. Name: changed from "State Controller" to "Reports to the State Controller ". b. Description: removed "Published by State, which may destroy after 5 years. "; added ": Annual Cities Report; and Streets Report. ". 5. Treasurer's: a. Name: changed from "Treasurer's" to "Treasurer's Report" for clarification. b. Description: changed from "Monthly reports on fund balances." to "Fund balances: total revenue versus total expenditures. (i.e., status update.) ". 3) City Manager's Office: i. City Manager's Office: 1. Moved "Permits, Special Events" record series from Community Development section to "City Manager's Office" a. Description: changed from "Permits issued for parades, and other special events requiring City approval. Associated documentation." to "Permits issued for events requiring a Special Event Permit, Group Use Permit, or Block Party Permit. ". ii. City Clerk: 1. Added record series: "Agency Report of Public Official Appointments" a. Retention period: SU +2. b. Citation: GC 34090. c. Description: "Fair Political Practices Commission (FPPC) Form 806." 2. Agendas, City Council: a. Retention period: changed from P to CU +2* Page 10 of 24 199 b. Description: added "( *Scan into electronic repository before destroying.) ". c. Citation: removed "City Policy ". 3. Appointments to the Council; Articles of Incorporation; Council Administrative Files; Legal Advertising; Ordinances; Petitions; and Resolutions, Council moved from Legal /Legislative into City Clerk section. 4. Appointments to the Council: a. Citation: added GC 34090. b. Marked as Historical record. 5. Communications from the Public at Council Meetings: a. Retention period: changed from P to CU +3 *. b. Description: added "( *Scan into electronic repository before destroying.) ". c. Citation: removed "City Policy ". 6. Council Administrative Files: a. Citation: added GC 34090. 7. Delivery Receipts: a. Moved to General Administration section. 8. Easements, Dedications, Rights -of -Way: a. Marked as Vital record. 9. Franchises: a. Marked as Vital record. 10. Legal Advertising: a. Description: added "Includes proof of publication notices. ". 11. Lobbyist Reporting Forms: a. Retention period: changed from T +2 to T +2* b. Description: added "( *Scan into electronic repository before destroying.) ". 12. Meetings, Video Recordings: a. Citation: changed from GC 34090 to GC34090.7. 13. Minutes, Council Meetings: a. Description: removed "Includes administrative orders, minute orders and minute actions. ". 14. Moved "Municipal Code" down to Legal /Legislative section. 15. Moved "Plaques" down to Parks section within Public Works. 16. Moved "Public Comments and Correspondence" from General Administration -City Manager's Office into City Clerk section: a. Retention period: changed from CU +2 to CU +3 according to SOS guidelines. Page 11 of 24 200 b. Description: added "Archived" before "communications. "; (Archived meaning, communications stored for future reference.) Other communications not stored for future reference may be discarded. 17. Ordinances: a. Citation: removed GC 60201. b. Description: removed "Includes proof of publication notices. "; added "Certificate of Ordinance Adoption — States when the ordinance was adopted and when/how the ordinance was legally advertised. ". 18. Petitions: a. Citation: added GC 6253. 19. Proof of Service Forms: a. Description: changed from "Legal forms confirming delivery of official documents either by hand or through Certified Mail, for documents sent by the City." to "For official documents sent by the City: Legal forms confirming their delivery either by hand or through Certified Mail. ". 20. Recorded Documents: a. Citation: added GC 34090. 21. Records Retention Schedules: a. Retention period: changed from SU +2 to SU +4. 22. Resolutions, Council a. Name: changed from "Resolutions, Council" to "Council Resolutions ". 23. Statements of Economic Interest, Employees: a. Name: changed from "Statement of Economic Interest, Employees" to "Statements of Economic Interest ". b. Description: removed "employee's" and "Required of various City employees including City Manager, City Clerk, department managers, and certain consultants. "; added "for individuals required to file a Form 700 as noted in the City's Conflict of Interest Code, such as the City Council, City Manager, Commissioners, and other City staff. ". iii. Elections: 1. Campaign Disclosure, Elected: a. Name: changed from "Campaign Disclosure, Elected" to "Campaign Disclosure ". b. Description: added "Also includes candidate intention statements, Form 501 "; replaced "which provide a record of candidate's Page 12 of 24 201 financial activities during a campaign" with "which provide a record of candidate or committees' campaign finance activities during a campaign "; removed "where the candidate was subsequently elected. ". 2. Consolidated "Campaign Disclosure, Not Elected" record series as noted above. 3. Consolidated "Candidate Intention Statements, Elected" record series as noted above. 4. Consolidated "Candidate Intention Statements, Not elected" record series as noted above. 5. Consolidated "Nomination Papers, Unsuccessful "; "Nomination Papers, Successful"; "Fair Campaign Practices Signature Forms "; "Declarations of Intent to Install Temporary Political Signs "; "Chinese Given Name Translation Form "; "Candidate Statements of Qualification "; "Candidate Information Request Form"; "Statements of Economic Interest -Not Elected"; "Statements of Economic Interest- Elected Officials" as noted below. 6. Certificates of Election: a. Retention period: changed from E +2 to T +4 according to SOS guidelines; added " *" and "( *Scan into electronic repository before destroying.) ". b. Citation: changed to GC81009(a), (d). 7. Add new record series, "Initiatives, Ballot Measures, Referendum" a. Retention period: P b. Citation: GC 34090, 34458- 34460; EC 17200, 17400 c. Description: "Initiative referendum, and recall records, including petitions, arguments, rebuttals for measures, and impartial analysis." d. Marked as Historical record. 8. Removed "Notifications and Publications" because these records are covered under the "Legal Advertising" record series under the Legal /Legislative section. 9. Created new record series: "Nomination Paper and Election Documents — Elected ": a. Retention period: P b. Citation: EC 17100(a), 17300 et seq., 20442; GC 34090, 81009(b), (e), (f), 82006, 87200 et seq. c. Description: "Nomination paper and other election documents such as, Form 700, Candidate Information Request Forms, Candidate Statements of Qualification, Foreign Language Given Name Page 13 of 24 202 Translation Forms, Declarations of Intent to Install Temporary Political Signs, and Fair Campaign Practices Signature Forms. ". 10. Created new record series: "Nomination Paper and Election Documents — Not Elected ": a. Retention period: E +5 b. Citation: EC 17100(a), 17300 et seq., 20442; GC 34090, 81009(b), (e), (f), 82006, 87200 et seq. c. Description: "Nomination paper and other election documents such as, Form 700, Candidate Information Request Forms, Candidate Statements of Qualification, Foreign Language Given Name Translation Forms, Declarations of Intent to Install Temporary Political Signs, and Fair Campaign Practices Signature Forms." 11. Oaths of Office: a. Retention period: added " *" and "( *Scan into electronic repository before destroying.) ". 12. Removed record series: "Petitions, Elections- related ": a. Record description merged into "Initiatives, Ballot Measures, Referendum" record series. iv. Emergency Services: 1. Drill and Exercise Records: a. Name: changed from "Drill and Exercise Records" to "Employee Safety Information ". b. Description: changed from "Records documenting the City's long- term recovery efforts after a disaster or emergency. Includes records relating to City collaboration with County, State or Federal agencies, and non -profit organizations." to `Evacuation drills, Safety Committee Minutes, Safety Inspection Reports, and Safety Training ". c. Moved record series to Risk Management section. 2. Emergency Recovery Records: a. Marked as Vital Records. b. Description: added "Documents go to FEMA." 3. Emergency Response Records: a. Marked as Vital Records. b. Description: added "Documents go to FEMA." 4. Grant Records and Agreements, Emergency Preparedness a. Retention period: changed from CL +5 to CL+ 10. b. Description: italicized "Certain grants may have individual requirements. Refer to grant's close -out procedures "; added parentheses. Page 14 of 24 203 5. Removed "Public Emergency Preparedness Files" and "Training Records, Emergency" because county holds these documents. v. Legal /Legislative: 1. Appeals: a. Description: removed "Lawsuits against the City." because included in record series below. 2. Moved "Appointments to the Council "; "Articles of Incorporation"; "Council Administrative Files"; "Legal Advertising"; "Ordinances "; "Petitions "; and "Resolutions, Council" to City Clerk section. 3. Case Records, Formal a. Description: added "Does not include internal memoranda or correspondence with opposing side. ". b. Citation: added 42 USC 1983; GC 6254, 34090. c. Retention: P. d. Removed marking of it is a Vital record. 4. Case Records, Informal: a. Description: added "I.e., everything not included in Case Records, Formal. ". b. Retention period: changed from CL +5 to CL +7. c. Citation: added "42 USC 1983 "; removed "City Policy ". d. Removed marking that it is a Vital record. 5. Grand Jury Reports and City Responses: a. Description: changed from "Reports received from Santa Clara County Grand Jury, and City responses," to "Reports received from Santa Clara County Civil Grand Jury regarding city conduct, and City responses. ". 6. Opinions: a. Description: added "I.e., research memoranda. ". 7. Added record series, "Subpoenas ": a. Retention period: CL +7. b. Citation: 42 USC 1983; GC 34090. c. Description: "Court ordered requests to the City for documents or witnesses, where the City is not a party to the case. ". vi. Property: 1. Acquisitions /Dispositions: a. Description: added "for more than one year ". 2. Deeds and Promissory Notes: a. Citation: added "24 CFR 570.502(b)(3),24 CFR 8.42 & OMB Circ. SA- 110 ". 4) Commissions and Committees: Page 15 of 24 204 i. Agendas: 1. Name: changed from "Agendas" to "Agendas, Commissions & Committees ". 2. Retention period: Changed from P to CU +2* according to SOS guidelines. 3. Description: added "( *Scan into electronic repository before destroying.) ". 4. Marked as Historical record. ii. Agenda Packets: 1. Name: changed from "Agenda Packets" to "Agenda Packets, Commissions & Committees ". 2. Retention period: changed from P to CU +2* according to SOS guidelines. 3. Description: added "( *Scan into electronic repository before destroying.) ". 4. Marked as Historical record. iii. Communications from the Public at Commission Meetings: 1. Citation: changed from P to CU +2 *. 2. Description: added "( *Scan into electronic repository before destroying.) ". 3. Marked as Historical record. iv. Resolutions: 1. Marked as Vital record. 5) Community Development: i. Building: 1. Building Permit Files: a. Description: removed "zoning variances and conditional use permits." because these are included in record series, "Project Files, Planning and Zoning ". 2. Code Books: a. Retention period: changed from P to SU +3 according to SOS guidelines. b. Citation: added CCP 340.5. 3. Street Names and House Numbers: a. Name: changed from "Street Names and House Numbers" to "House Numbers" b. Description: removed "street dedications, closings," because these are included in the record series, "Easements, Dedications, Rights - of -Way" and/or "Recorded Documents ". ii. Code Compliance: 1. Added record series: "Alarm Permits ": a. Retention period: SU +2. Page 16 of 24 205 b. Citation: GC 34090. c. Description: "Security alarm permits for homes or businesses located in the City. ". 2. Case Files: a. Name: changed from "Case Files" to "Violations, Building, Property, Zoning ". 3. Removed previous record series entitled "Violations, Building, Property, Zoning" because these records are included in the above record series. 4. Removed "Parking Citations" record series because these records are produced and retained by an outside company. 5. Permits, Message Parlor: a. Name: changed from "Permits, Message Parlor" to "Permits, Message Establishment /Practitioner ". b. Description: removed "parlor" and replaced with "establishment and practitioners ". 6. Moved "Permits, Special Events" record series into City Manager's Office section. iii. Planning: 1. Arborist Files: a. Name: changed title from "Arborist Files" to "Tree Removal Permit Applications ". b. Description: added "applications ", "photographs, ", and "( *Scan into electronic repository before destroying.) "; removed "and associated records ", " aborist reports ", and "Arborist reports are found within Project Files, Planning and Zoning. ". c. Retention period: changed from CU +5 to CU +2 *. 2. Annexations: a. Marked as Historical record. 3. Removed "Environmental Review Supporting Documentation" record series because these files are located in the record series, "Project Files, Planning and Zoning ". 4. General Plan Amendments, Denied: a. Citation: added GC 34090. 5. Moved "Grants, CDBG and Urban Development ", and "Grants, Unsuccessful" to Accounting section: a. Name: changed from "Grants, Unsuccessful" to "CDBG Grants, Unsuccessful ". 6. Heritage Resource Alteration Applications: a. Retention period: changed from P to CL +2. 7. Historic Preservation Inventory: Page 17 of 24 1: a. Marked as Historical record. b. Retention period: changed from SU +2 to P. c. Citation: changed from GC 34090d to GC 34090. 8. Maps, City Boundary: a. Name: changed from "Maps, City Boundary" to "City Boundary ". b. Description: changed from "Recorded maps, surveys, monuments." to "Map of city boundary limits. ". c. Citation: changed from GC34090d to GC 34090. d. Marked as Historical record. 9. Maps, Plans, Drawings, Exhibits, Photos: a. Description: removed "aerial photos "; added "Street names" and "Included in Project Files, Planning and Zoning. ". 10. Project Files, Planning and Zoning: a. Description: added "photographs" and "(including arborist reports)" and "documents confirming delivery of public notices ". 11. Security Bonds: a. Description: added "Includes tree deposits. ". b. Name: changed from "Security Bonds" to "Security Bonds and Deposits ". 6) Public Works: i. Corporation Yard: 1. Air Quality Permits: a. Description: added "Annual ". b. Retention period: changed from SU +2 to SU +7 in accordance with SOS guidelines. c. Citation: added CCP 338(k). 2. Hazardous Materials Training Files: a. Retention period: changed from T +2 to SU +2 according to SOS guidelines. b. Citation: added "(d) et. Seq. ". 3. Material Safety Data Sheets: a. Name: added "(MSDS) ". b. Retention period: changed from T +30 to P because 8 CCR 5194(b)(5)(I)(2) states that MSDSs must be readily accessible. c. Citation: added "(b)(5)(I)(2) ". d. Remove marking as a Vital Record because MSDS may be accessed on the internet. 4. Removed "Operating Journals" record series because not in use anymore. 5. Operating Records: Page 18 of 24 207 a. Name: changed from "Operating Records" to "Work Orders" because main records are various work orders. b. Description: changed from "Records related to City operations. Includes data books, operating reports, overtime, and crew schedules," to "Work orders received from Traffic Safety Committee, the public, and upper management. ". 6. Underground Storage Tanks, Compliance: a. Citation: removed "a ". 7. Underground Storage Tanks, Maintenance and Operation: a. Retention period: changed from L +2 to P. 8. Vendor Files: a. Description: changed from "Includes copies of contracts, invoices, and purchase orders by vendor" to "Invoices and copies of purchase orders by vendor ". b. Retention period: changed from CL +4 to AU +4 in accord with SOS guidelines. c. Citation: changed from CCP 337 to GC 34090. ii. Engineering: 1. Moved "Asbestos Records" to Facilities section. 2. Benchmark Data: a. Description: added "- elevation points" and "Four -page document unlikely to ever change. ". 3. Bonds, Insurance: a. Description: added "Certificates of and "Incorporated into contract. ". b. Marked as Vital record. 4. Bridge and Overpass Reports: a. Marked as Vital record. 5. Deposit Account Projects: a. Description: added "including city geologist ", "File ", and "reports generated, such as soil reports. "; removed "supporting documentation, ". b. Retention period: changed from CL +4 to P because record series "Drawings" and "Soil Reports" are P, and they are stored with "Deposit Account Projects ". c. Citation: added GC 34090. 6. Drawings: a. Description: added "Included in Capital Improvement Projects and Deposit Account Projects. ". 7. Easements, Dedications, Rights -of -Way: Page 19 of 24 1: a. Marked as Vital record. 8. Environmental Review (CEQA) Files: a. Description: added "Often included in Capital Improvement Project Files. For subdivisions, filed in Deposit Account file." b. Marked as Vital record. 9. Grants, Federal and State: a. Description: added "Included in Capital Improvement Project files. "; inserted parentheses and italicized "Certain grants may have individual requirements. Refer to grant's close -out procedures. ". 10. Maps and Plats: a. Description: added "Paper ". b. Marked as Vital record. 11. NPDES Permit Books: a. Retention period: changed from SU +2 to P in accordance with SOS Guidelines. b. Citation: changed from GC 34090 to 40 CFR 122.28. c. Description: added "Called Municipal Regional Permit (MRP) ". 12. NPDES Report: a. Retention period: changed from CU +3 to CU +5 in accordance with SOS Guidelines. 13. Permits, Encroachment — From External Entities: a. Description: added "Included in Capital Improvement Project Files. ". 14. Soil Reports: a. Description: added "Included in Deposit Account Project files. "; removed "Kept in project files. ". 15. Special Districts: a. Description: replace "Supporting documents re: improvement, lighting, parking, underground utility districts; bonds, taxes and construction." with "Annual reports regarding amount of contribution made by city residents toward landscape and lighting districts. ". 16. Traffic Signals: a. Description: added "Siemens produces and maintains these files. City may have copies of particular reports included in Capital Improvement Projects file. ". iii. Parks: 1. Landscape records: a. Name: capitalized "r" in "records ". Page 20 of 24 209 b. Description: added "and" and "for lighting and landscaping districts. ". 2. Maintenance /Operations: a. Description: replaced "Includes work orders, inspection, repairs, cleaning, reports, and complaints." with "Copies of invoices held for reference for future contracts. ". 3. Pest and Weed Control — Agricultural Use Reports: a. Description: added "Reports list the type of pesticide, amount used, for what purpose, and acreage applied to." and "monthly ". b. Retention period: changed from CU +2 to P. c. Citation: added GC 34090. 4. Pesticide /Herbicide Use Reports: a. Description: added "Internal "; replaced "site" with "park ". b. Retention period: changed from CU +2 to P. c. Citation: added GC 34090. 5. Plaques: a. Citation: added GC 34090. 6. Reports, Playground Safety: a. Description: replaced "Regular reports" with "Monthly inspection reports ". 7. Sports Organization Agreements: a. Description: removed "Contracts and ". b. Retention: changed from T +4 to SU +2 according to SOS guidelines. iv. Streets and Fleet: 1. Licenses and Permits: a. Description: added "License is received once for the life of each vehicle." b. Retention period: since the license retention is related to the life of the vehicle, changed the retention period from T +2 to L +2. 2. Vehicle Inspection Records: a. Description: changed "periodic" to "monthly ". b. Retention period: changed from L +2 to CU +3 because holding records of vehicle inspections back three years is sufficient time to capture the consistency of vehicle inspections throughout the life the vehicle. 7) Recreation/Facilities: i. Facilities: 1. Asbestos Records moved into this section: Page 21 of 24 210 a. Description: replaced "public" with "city" to better describe the type of records that fall under the record series. 2. Drawings: a. Marked as Vital record. 3. Equipment Ownership: a. Description: added "E.g., HVAC, generator, ovens, fridges, appliances. ". b. Retention period: changed from L +2 to L +3 in accordance with SOS guidelines. 4. Facility Rentals: a. Description: removed "and "; added "schedules, calendars, receipts, and invoices. ". b. Citation: change CCP 337 to GC 34090 5. Grants, Federal and State: a. Description: added "Usually for large projects." and "Grants usually close when money is used and City receives a certificate of completion. "; inserted parentheses and italicized "Certain grants may have individual requirements. Refer to grant's close -out procedures. Grants usually close when money is used and City receives a certificate of completion. ". 6. Inspections, Fire: a. Retention period: changed from L +2 to CL +S. 7. Inspection Records, Construction Specialty: a. Retention period: changed from L +5 to CL +S. 8. Maintenance records: a. Citation: changed from GC34090a to 34090(d). 9. Project Files: a. Description: added "Includes photographs of the construction sites." and "smaller projects. ". ii. Recreation: 1. Activity Guides: a. Retention period: changed from CU +2 to SU +2 *. b. Description: added "( *Scan into electronic repository before destroying.) ". 2. Removed record series, "Activity Guide Schedules" because these are general messages to the staff. If records are produced, such as archived calendars, they would fit into "Administrative Records" of the General Administration section. 3. Removed "Blaney Plaza Banner Schedules" because these records are no longer used. Page 22 of 24 211 4. Bottom line reports: a. Name: capitalize "1" in "Line" and "r" in "Reports ". 5. Instructor Applications and Contracts: a. Description: removed "and "; added "and all contact information for all current Contract Instructors"; changed "W9" to "W -9 ". 6. Removed record series, "Instructor Payments" because these records are held in Accounts Payable section. 7. Removed "Miscellaneous Payments" record series because the City has never had these records. 8. Promotional Marketing: a. Description: added "photographs of classes, "; removed "posters" from description. c. Citation: GC 34090. 9. Registration forms: a. Name: capitalize 'T' in "forms ". b. Description: added "with credit card payment information redacted" and "Done electronically now. ". 10. Release of Liability /Health Forms: a. Citation: removed "City Policy ". 11. Removed record series, "Roster of Instructors" because record series, "Instructor Applications and Contracts" covers these records. iii. Risk Management 1. ABAG Plan Liability Insurance Information and Documents: a. Name: change from "ABAG Plan Liability Insurance Information and Documents" to "Association of Bay Area Governments (ABAG) Plan Liability Insurance Information and Documents ". b. Retention period: changed from SU +5 to CL +5 *. c. Description: replaced description from "Plan information and handouts /memo describing plan," to "Copy of annual Memorandum of Coverage (MOC), declarations, and exclusions. "; added "( *Hold onto as long as claim files are held. Scan into electronic repository before destroying.)" because may be needed in relation to claim. Keep scanned version for reference. d. Citation: removed GC 12946 because it is not applicable to record series. 2. Removed record series, "Accident and Incident Reports" because the city does not have records of these. 3. Claim Files: a. Description: replaced "organization" with "City "; added "Records include photographs taken by City employees or members of the Page 23 of 24 212 public documenting claims, accidents, or incidents involving City property or employees. ". 4. Moved record series, "Employee Safety Information" from Emergency Services section to Risk Management section: a. Description: added "Injury Illness Prevention Program records" and "records and" between "Safety Committee" and "Minutes ". 5. Insurance Certificates: a. Citation: removed reference to GC 12946 because not applicable to record series. 6. Add records series: "Minutes, Risk Management Committee ": a. Retention period: CU +2 *. b. Description: "Meeting minutes, records associated with staff meetings, not Council - related. ( *Scan into electronic repository before destroying.) ". c. Citation: GC 34090. 7. Removed record series, "Photographs, Accident, Incident, or Claim" because these documents are retained with the records relating to the subject of the photo and separate records are not required. 8. Risk Management Reports: a. Description: removed "Federal OSHA forms "; added "ABAG Plan"; and changed "report" to "reports. ". 9. Removed record series, "Safety Program ". Merged into record series, "Employee Safety Information ". 10. Removed record series, "Training Records, Safety" because record series, "Employee Safety Information" covers these records. Page 24 of 24 213