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Home My WebLink About11-17-2010 City Council agenda PKT1 SPECIAL MEETING –5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 5:30 P.M. 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 10, 2010) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. ADJOURN TO CLOSED SESSION ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – Government Code Section 54956.9(a)): (2 Cases) Fox v. City of Saratoga et al. (Santa Clara County Superior Court Case No. 1-09CV-154579) Blum v City of Saratoga et al. (Santa Clara County Superior Court Case No. 1-10-CV-167113 OPEN SESSION –6:00 P.M. AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL & HAKONE FOUNDATION NOVEMBER 17, 2010 2 ADMINISTRATIVE CONFERENCE ROOM –13777 FRUITVALE AVENUE. CALL MEETING TO ORDER –6:00 P.M. 1. Joint Meeting with Hakone Foundation Recommended Action: Informational only 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.saratoga.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 408/868-1269. 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, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted on November 10, 2010, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 10th day of November 2010 at Saratoga, California. Ann Sullivan, CMC City Clerk Table of Contents Agenda 3 Appointment of Rina Shah to the Heritage Preservation Commission and Oath of Office Staff Report 9 Resolution 21 Oath of Office 23 Proclamation Declaring the Month of November – Pancreatic Cancer Awareness Month Staff Report 24 Proclamation 26 Commendation for Montalvo Arts Center Staff Report 27 Commendation 29 Commendation for Marianne Swan – Saratoga Community Preschool Staff Report 30 Commendation 32 Commendation for Rick Ratra –Saratoga 76 Gas Station Staff Report 33 Commendation 35 Commendation for Paul and Lea Ann Hernandez –Saratoga Oaks Lodge Staff Report 36 City Council Regular Meeting Minutes – November 3, 2010 Staff Report 38 Minutes 39 Review of Accounts Payable Check Register Check Register - 10/28/2010 47 FY 2009/10 Comprehensive Annual Financial Report (CAFR) CAFR Acceptance Report 55 CAFR Document 56 Saratoga Library Book Return Overhang Project – Award of Contract to Premier West Interiors Saratoga Library Book Return Overhang Project ? Award of Contract to Premier West Interiors 178 Attachment A ? Contract with Premier West Interiors (PWI) of San Jose 180 Attachment B - Library Overhang Design Drawings 203 Attachment C ? Bid summary 207 Lisa Marie Court Summary Vacation Staff Report 208 Resolution 210 Tract 7919 225 Tract 8560 227 1 Aerial View 229 Adoption of the General Plan’s Circulation and Scenic Highway Element and conforming amendment to the Open Space and Conservation Element trails map. Staff Report 230 Attachment 1 - Resolution 233 Attachment 1a - Draft Circulation and Scenic Highway 235 Attachment 1b - Draft Trails 296 Attachment 2 - Oct 20, 2010 staff report 297 Consent Item: Final Annexation of an approximately 33,253 (gross) square foot parcel (APN 503-13-138) located at 22215 Mount Eden Road including the adjacent right-of-way portion of Mount Eden Road. Staff Report 301 Attachment 1: Resolution 304 Attachment 1A: Legal Description 306 Attachment 1B: Plat Map 307 Attachment 2: List of Services Report 308 Attachment 3: County Surveyor Report 309 Attachment 4: County Assessor Report 310 ANEX10-0002 – Application for Initiation of Annexation Proceedings by Staff Report 311 Attachment 1: Resolution 317 Attachment 2: Background Information Report 319 Attachment 3: Existing Conditions Map 338 Attachment 4: Existing Land Use Map 339 Attachment 5: Geotechnical Evaluation of Roadway Conditions with Map 340 Attachment 6: Cost Estimate Report 352 Approval of Santa Clara County Cities Association (SCCCA) Bylaws Staff Report 356 Letter from Cities Association 358 Revised Bylaws 361 2 WEDNESDAY, NOVEMBER 17, 2010 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 10, 2010) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Appointment of Rina Shah to the Heritage Preservation Commission and Oath of Office Recommended action: Adopt the attached resolution appointing one (1) new member to the Heritage Preservation Commission and direct the City Clerk to administer the Oath of Office. 2. Proclamation Declaring the Month of November – Pancreatic Cancer Awareness Month Recommended action: Present proclamation. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL 3 3. Commendation for Montalvo Arts Center Recommended action: Present commendation. 4. Commendation for Marianne Swan – Saratoga Community Preschool Recommended action: Present commendation. 5. Commendation for Rick Ratra –Saratoga 76 Gas Station Recommended action: Present commendation. 6. Commendation for Paul and Lea Ann Hernandez –Saratoga Oaks Lodge Recommended action: Present commendation. 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. 7. City Council Regular Meeting Minutes – November 3, 2010 Recommended action: Approve minutes. 8. Review of Accounts Payable Check Register Recommended action: That the City Council review and accept the check register for the following Accounts Payable cycle: October 28, 2010 9. FY 2009/10 Comprehensive Annual Financial Report (CAFR) Recommended action: Review and accept the FY 2009/10 Comprehensive Annual Financial Report (CAFR) 10. Saratoga Library Book Return Overhang Project – Award of Contract to Premier West Interiors Recommended action: Review report and 1. Move to declare Premier West Interiors (PWI) of San Jose to be the lowest responsible bidder on the project. 2. Move to accept bid and authorize the City Manager to enter into a construction contract to Premier West Interiors (PWI) in the amount of $41,799. 3. Move to authorize staff to execute change orders to the contract up to $4,180. 4 11. Lisa Marie Court Summary Vacation Recommended action: Adopt Resolution of Summary Vacation of Portions of Lisa Marie Court 12. Adoption of the General Plan’s Circulation and Scenic Highway Element and conforming amendment to the Open Space and Conservation Element trails map. Recommended action: Approve the Resolution to adopt the revised General Plan’s Circulation and Scenic Highway Element Circulation Element) including a conforming amendment to the Open Space and Conservation Element (Open Space Element). 13. Final Annexation of an approximately 33,253 (gross) square foot parcel (APN 503- 13-138) located at 22215 Mount Eden Road including the adjacent right-of-way portion of Mount Eden Road. Recommended action: Approve final annexation of an approximate 28,331 square foot parcel known as APN 503-13-138 (Lands of Keenan) located at 22215 Mount Eden Road including the approximate 4,922 square feet, 107 foot long adjacent right-of-way portion of Mount Eden Road by adopting the attached Resolution. 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 14. ANEX10-0002 – Application for Initiation of Annexation Proceedings by Garrod Trust Recommended action: Staff recommends the City Council adopt the Resolution Initiating Annexation (Attachment 1) and refer the proposed annexation and preparation of a Pre- Annexation Agreement and all related land use approvals to the Planning Commission for a public hearing and consideration of recommendations and return to the City Council for final decision as to the Pre-Annexation Agreement, Addition of AP/OS Overlay Zoning, Development Agreement, new Combined Williamson Act Contract, Use Permit and CEQA Compliance. OLD BUSINESS None NEW BUSINESS 15. Approval of Santa Clara County Cities Association (SCCCA) Bylaws Recommended action: Accept report and direct staff accordingly. 5 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King ABAG Hakone Foundation Executive Committee West Valley Flood Control Zone & Watershed Advisory Committee SCC Cities Association Selection Committee West Valley Mayors and Managers Association Vice Mayor Jill Hunter Hakone Foundation Board Historical Foundation Library Joint Powers Association Village AdHoc Susie’s Garden Adhoc Tree Adhoc Councilmember Howard Miller City School Ad-Hoc Council Finance Committee Electric Vehicle Charging Stations Adhoc Highway 9 Adhoc KSAR Santa Clara County Cities Association Board West Valley Solid Waste Joint Powers Authority West Valley Transportation Authority PAC Councilmember Chuck Page City School Ad-Hoc Council Finance Committee Santa Clara Valley Water District Commission Saratoga Ministerial Association West Valley Sanitation District Councilmember Manny Cappello Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations Adhoc Highway 9 Adhoc Santa Clara County Emergency Council SASCC Sister City Liaison Village Adhoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT 6 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.saratoga.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, Ann Sullivan, 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 17, 2010, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 17th day of November 2010 at Saratoga, California. Ann Sullivan, CMC City Clerk 7 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 10/20 Regular Meeting – Joint Meeting with Traffic Safety Commission 11/3 Regular Meeting – Joint meeting with Saratoga Ministerial Association 11/17 Regular Meeting - Joint Meeting with Hakone Foundation 11/30 Council Reorganization 12/1 Regular Meeting - 12/15 Regular Meeting - CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2010 8 SARATOGA CITY COUNCIL MEETING DATE: November 17, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: SUBJECT: Appointment of Rina Shah to the Heritage Preservation Commission and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing one (1) new member to the Heritage Preservation Commission and direct the City Clerk to administer the Oath of Office. REPORT SUMMARY: The City Council recently conducted interviews to fill one (1) vacancy on the Heritage Preservation Commission resulting from the resignation of Commissioner Steve Kellond. Mr. Kellond was re-appointed to the Commission in March 2010. Mr. Kellond’s new term was from April 1, 2010 to January 1, 2015. Due to a change of residence, Mr. Kellond is unable to complete the remainder of his term. On Wednesday, November 3, 2010, Council appointed Rina Shah to fill the remainder of this unexpired term. Upon direction from the City Council, the Oath of Office will be administered by the City Clerk and signed by the new Commissioner. The administered Oath of Office will be effective November 17, 2010 to January 1, 2015. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointment will not be made to the Heritage Preservation Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City’s Official Roster. 9 ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A – Resolution of Appointment Attachment B – Oath of Office RESOLUTION NO. 10 – 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE NEW MEMBER TO THE HERITAGE PRESERVATION COMMISSION WHEREAS, one vacancy was created on the Heritage Preservation Commission resulting from the resignation of Commissioner Steve Kellond due to a change of residenc; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancy. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointment was made to fill the unexpired term beginning November 17, 2010 ending January 1, 2015: Commissioner Expiration Date Rina Shah January 1, 2015 The above and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City Council held on the 17th day of November 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Kathleen M. King, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA 11 I 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 faithfully discharge the duties upon which I am about to enter. __________________________ Aditya Dev Commissioner Subscribed and sworn to before me on This 2nd day of June 2010. __________________________ Ann Sullivan, CMC City Clerk 12 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I 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 faithfully discharge the duties upon which I am about to enter. __________________________ Kia Fariba Commissioner Subscribed and sworn to before me on This 2nd day of June 2010. __________________________ Ann Sullivan, CMC City Clerk 13 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I 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 faithfully discharge the duties upon which I am about to enter. __________________________ Kaitlin Finch Commissioner Subscribed and sworn to before me on This 2nd day of June 2010. __________________________ Ann Sullivan, CMC City Clerk 14 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I 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 faithfully discharge the duties upon which I am about to enter. __________________________ Jane Chang Commissioner Subscribed and sworn to before me on This 2nd day of June 2010. __________________________ Ann Sullivan, CMC City Clerk 15 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I 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 faithfully discharge the duties upon which I am about to enter. __________________________ Somya Khare Commissioner Subscribed and sworn to before me on This 2nd day of June 2010. __________________________ Ann Sullivan, CMC City Clerk STATE OF CALIFORNIA 16 COUNTY OF SANTA CLARA I 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 faithfully discharge the duties upon which I am about to enter. __________________________ Vikas Nookala Commissioner Subscribed and sworn to before me on This 2nd day of June 2010. __________________________ Ann Sullivan, CMC City Clerk 17 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I 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 faithfully discharge the duties upon which I am about to enter. __________________________ Sierra Smith Commissioner Subscribed and sworn to before me on This 2nd day of June 2010. __________________________ Ann Sullivan, CMC City Clerk 18 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I 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 faithfully discharge the duties upon which I am about to enter. __________________________ Anu Sreedhara Commissioner Subscribed and sworn to before me on This 2nd day of June 2010. __________________________ Ann Sullivan, CMC City Clerk STATE OF CALIFORNIA 19 COUNTY OF SANTA CLARA I 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 faithfully discharge the duties upon which I am about to enter. __________________________ Mercedes Chien Commissioner Subscribed and sworn to before me on This 2nd day of June 2010. __________________________ Ann Sullivan, CMC City Clerk 20 RESOLUTION NO. 10 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE NEW MEMBER TO THE HERITAGE PRESERVATION COMMISSION WHEREAS, one vacancy was created on the Heritage Preservation Commission resulting from the recent resignation of Commissioner Steve Kellond due to a change of residence; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancy. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointment was made to fill the one unexpired term on the Heritage Preservation Commission beginning November 17, 2010 and ending January 1, 2015: Commissioner Expiration Date Rina Shah January 1, 2015 The above and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City Council held on the 17th day of November 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Kathleen M. King, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk 21 22 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I 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 faithfully discharge the duties upon which I am about to enter. __________________________ Rina Shah, Commissioner Heritage Preservation Commission Subscribed and sworn to before me on this 17th day of November 2010. __________________________ Ann Sullivan, CMC City Clerk 23 SARATOGA CITY COUNCIL MEETING DATE: November17, 2010 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Proclamation Declaring the Month of November – Pancreatic Cancer Awareness Month RECOMMENDED ACTION: Present proclamation. REPORT SUMMARY: The attached proclamation recognizes the month of November 2010 as Pancreatic Cancer Awareness Month. Diane Borrison, volunteer for Pancreatic Cancer Action Network Advocate/Survivor/Bay Area, will be present to receive the proclamation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None 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 24 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: Copy of the proclamation. 25 CITY OF SARATOGA PROCLAMATION DECLARING THE MONTH OF NOVEMBER 2010 “PANCREATIC CANCER AWARENESS MONTH” WHEREAS, in 2010, an estimated 43,140 people will be diagnosed with pancreatic cancer in the United States and 36,800 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 75 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, approximately 3,900 pancreatic cancer deaths will occur in California this year; and WHEREAS, there is no cure for pancreatic cancer and there have been no significant improvements in survival rates in the last 40 years; and WHEREAS, the Federal Government invests significantly less money in pancreatic cancer research than it does in any of the other leading cancer killers; and pancreatic cancer research constitutes only 2 percent of the National Cancer Institute’s federal research funding, a figure far too low given the severity of the disease, its mortality rate, and how little is known about how to arrest it; and WHEREAS, the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves 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 2010 to be: “PANCREATIC CANCER AWARENESS MONTH” WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of November 2010. Kathleen M. King, Mayor City of Saratoga 26 SARATOGA CITY COUNCIL MEETING DATE: November17, 2010 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Commendation for Montalvo Arts Center RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation recognizes Montalvo Arts Center for their many great accomplishments in the past year. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None 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. 27 ATTACHMENTS: Copy of the commendation. 28 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING “MONTALVO ARTS CENTER” WHEREAS, Over the past year, Montalvo has attained many great accomplishments in building community and supporting education events in Saratoga and Santa Clara County; and WHEREAS, Montalvo hosted an Arts Splash Open House and Student Arts Festival, which drew 1,500 people; and partnered with the Santa Clara County Office of Education to bring together schools from all over the county as part of the Student Arts Festival; and WHEREAS, Montalvo served 89 school groups for a total of 5,100 students from 13 cities, 2,500 of whom were from Title I schools, and; WHEREAS, Montalvo hosted 95 teachers during their Arts Education Teachers Conference; and WHEREAS, Montalvo conceived and put in place multidisciplinary curriculum tours for 4th and 5th grade students; and WHEREAS, Montalvo received a grant from the National Endowment for the Arts to provide residencies for as many as 24 highly qualified U.S. artists in the performing, visual and literary arts; and WHEREAS, Montalvo launched a new “Final Fridays” program, which is free to the community and features an inside look at select artists in their residency; and WHEREAS, Montalvo hosted a film screening performance and panel discussion on autism, in conjunction with National Autism Awareness month; and WHEREAS, Montalvo was honored to host the community memorial for former Saratoga Councilwoman Susie Nagpal; and WHEREAS, Montalvo attained national recognition for their grounds and gardens and was invited to become a site on the nationally recognized Garden Conservancy Tour; and WHEREAS, Montalvo hired a Garden Curator, who has involved the community in many of his projects on the Montalvo grounds and has extended Montalvo’s breadth of volunteers; and WHEREAS, Montalvo received funding from actress Joan Fontaine to restore the area around and sign for the Lilian Fontaine Garden Theatre; and WHEREAS, Montalvo created relationships with local food growers through their Culinary Residency, some of which now serve on Montalvo’s various volunteer committees; and WHEREAS, Montalvo established new strategic partnerships with the San Jose Symphony, San Jose Museum of Art, San Jose Institute of Contemporary Art, Nasa Ames, Palo Alto Chamber Orchestra, San Jose Museum of Art, Zero 1, Poetry Center of San Jose, Foundation for Indian Contemporary Art, and San Andreas Regional Center. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize and commend Montalvo for the many great accomplishments in the areas of community and education events in Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of November 2010. _________________________ Kathleen M. King, Mayor City of Saratoga 29 SARATOGA CITY COUNCIL MEETING DATE: November17, 2010 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Commendation for Marianne Swan – Saratoga Community Preschool RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation recognizes Marianne Swan, Director of Saratoga Community Preschool, for providing an outstanding preschool program to children from three to five years of age. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None 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. 30 ATTACHMENTS: Copy of the commendation. 31 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING “MARIANNE SWAN” WHEREAS, Marianne Swan has been a Saratoga resident since 1981; and WHEREAS, Marianne and her husband, Chuck, who she met in Fort Lauderdale, Florida, were married in her home town Dordrecht, located in the Netherlands, where Marianne taught special education and high school; and WHEREAS, while in Ft. Lauderdale, Marianne developed arts and crafts as well as nutrition programs for low income seniors at a Housing and Urban Development project; and WHEREAS, after being captivated by the social, emotional and cognitive development of Vanessa, her first child, she focused on that age group and in 1986 earned a doctorate in Early Childhood Development; and WHEREAS, Marianne served as an instructor and director of the children’s centers at West Valley and Mission community colleges and revitalized the education program at the Saratoga Community Gardens, which resulted in a growth of 6,000 children per year participating in the program; and WHEREAS, in 1988, with her two younger daughters, Allegra and Olivia, she re-created a Mommy & Me program called Kinderclub at the Saratoga Community Center, for children from 18 to 36 months old; and WHEREAS, in 1991, Marianne proposed a multi-cultural integrated program to the City Council, and was asked to create a parent participation developmental preschool program for children from three to five years old. Within one year, this program, called the Saratoga Community Preschool, along with the Kinderclub program, began serving up to 152 children per week and has successfully integrated special needs children into the program; and WHEREAS, parent donors have provided the school with many improvements, such as a wonderful deck, a hand painted shed, raised vegetable garden beds, a rabbit hutch, a play house, automatic irrigation, and a beautiful children’s garden; and WHEREAS, Marianne and Chuck have two grandchildren, Luke, 4 years old and Ellie, 18 months old, from daughter Vanessa, who lives in Shasta County with her husband, Matt; and WHEREAS, daughter Allegra is currently working for Peet’s Coffee & Tea and plans to continue her studies at UC Santa Barbara in January. Youngest daughter Olivia, works with Marianne at the preschool, as well as coaching and tending horses for the Mt. Eden Vaulting Team at Garrod Farms. Olivia just returned from the World Equestrian Games in Lexington, Kentucky, where she lunged a horse that she trained for the team from Argentina. Olivia plans to continue her studies at San Jose State University in January 2011. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga, does hereby commend Marianne Swan for her many years of service and ongoing contributions to the community of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of November 2010. Kathleen M. King, Mayor City of Saratoga 32 SARATOGA CITY COUNCIL MEETING DATE: November17, 2010 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Commendation for Rick Ratra –Saratoga 76 Gas Station RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation recognizes Rick Ratra, business owner of the Saratoga 76 gas station in the Village, for providing an outstanding service to the Saratoga community for the past 20 years. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None 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. 33 ATTACHMENTS: Copy of the commendation. 34 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING “RICK RATRA” WHEREAS, Rick immigrated from New Delhi, India to the United States in 1981 and settled in the Bay Area; and WHEREAS, Rick graduated from San Jose State University in Administration of Criminal Justice; and WHEREAS, shortly after graduation from San Jose State University, Rick began his career working for law enforcement agencies and continued to do so for the next nine years; and WHEREAS, even though Rick enjoyed working in the law enforcement profession, he knew, from when he was a very young child that he had an entrepreneurial mindset and after achieving great heights in his law enforcement career, he decided he was destined to have a business of his own; and WHEREAS, Rick began developing various commercial properties, including the Saratoga 76 gas station at 14395 Big Basin Way in the Village of Saratoga, and has been operating the gas station for the past 20 years; and WHEREAS, Rick decided he wanted to live in the same community where his business was located and moved to Saratoga in 2005; and WHEREAS, Rick has been happily married to Rubina for the past 19 years and together they have two lovely daughters, Simrath, a high school senior, and Sahiba, a high school freshman. Rick also has a tremendous respect for his parents, Birinder and Surinder, who live with Rick and his family; and WHEREAS, Rick, is proud to be a long time business owner in Saratoga and enjoys working with the community to preserve the historical uniqueness of the Village for future generations; and WHEREAS, Rick has a friendly nature and believes in spirituality and equality of all mankind. He treats everyone with respect and attributes hard work, positive thinking, and dedication as the key factors to his success. Rick enjoys meeting challenges and believes in giving 100% in whatever project he tackles. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga, does hereby commend Rick Ratra for his many years of service and dedication to serving the community of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of November 2010. Kathleen M. King, Mayor City of Saratoga 35 SARATOGA CITY COUNCIL MEETING DATE: November17, 2010 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Commendation for Paul and Lea Ann Hernandez –Saratoga Oaks Lodge RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation recognizes Paul and Lea Ann Hernandez, business owners of the Saratoga Oaks Lodge in the Village, for providing outstanding service to the Saratoga community. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None 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. 36 ATTACHMENTS: The commendation will be made available at the November 17, 2010 Council meeting. 37 SARATOGA CITY COUNCIL MEETING DATE: November 17, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Regular Meeting Minutes – November 3, 2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the November 3, 2010, City Council Regular Meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the 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 – Minutes from the November 3, 2010, City Council Regular Meeting. 38 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2010 The City Council conducted interviews for the vacancy on the Heritage Preservation Commission at 5:10 p.m. The City Council held a Joint Meeting with members of the Saratoga Ministerial Association in the Administrative Conference Room at 6:00 p.m. Mayor King called the Regular City Council meeting to order at 7:00 p.m. and noted the meeting would be in memory of John Nolen, who passed away on Thursday, October 28, 2010. Mr. Nolen was the Support Services Director with the Campbell Union High School District and was instrumental in creating a strong relationship between the City of Saratoga and Prospect High School to create access to sport fields. Mayor King asked Shirley Cancillieri to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Manny Cappello, Chuck Page, Howard Miller, Vice Mayor Jill Hunter and Mayor Kathleen King ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager John Livingstone, Community Development Director Michael Fossati, Assistant Planner Kate Bear, City Arborist REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for the meeting of November 3, 2010 was properly posted on October 28, 2010. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ON NONAGENDIZED ITEMS Orang Kamkar addressed the Council regarding the fee for a use permit to move his business two doors down from the current location. He noted the address is still the same; however, it has a different suite number. COUNCIL DIRECTION TO STAFF Councilmember Page and Councilmember Cappello asked staff to look into finding an alternative to alleviate the use permit fee for Mr. Kamkar, such as through the Conditional Use Permit program. 39 2 COMMUNICATIONS FROM COMMISSIONS & PUBLIC Rabbi Pressman, Chair of the Saratoga Ministerial Association, provided a brief report on the Joint Meeting with the Council that was held at 6:00 p.m. He noted the Saratoga Ministerial Association is open to all faith leaders of the various houses of worship in the community and they meet on a monthly basis. He added members of the Association are committed to building community and coordinating various services in the community, including emergency services. He noted members of the Association are preparing for the annual “Saratoga Serves”, a week-long community service that all the houses of worship and other organizations participate in together. The community service event will be held the week of March 12 – 19, 2011. He concluded by inviting everyone to the annual Saratoga Community Inter-faith Thanksgiving Service at 10:00 a.m. on Thanksgiving Day at Sacred Heart Church. COUNCIL DIRECTION TO STAFF Mayor King asked that staff add the “Saratoga Serves” date on the Council Calendar and to the Artsopolis calendar on the City’s website. ANNOUNCEMENTS Councilmember Cappello noted the Saratoga Area Senior Coordinating Council (SASCC) is having their annual Health Fair on November 6th from 9:00 a.m. to 12:00 noon in the Senior Center. He added citizens can receive a flu shot for $10.00. Councilmember Miller reminded everyone to browse through the Saratoga Recreation Guide for various activities that are available for children, such as Camp Winter Wonderland and Oil Painting classes. In addition, he noted “Winter Spare the Air Days” are November 1, 2010 through the end of February 2011, adding if you burn wood products on a “spare the air” day you could be fined $400. For more information on this topic, visit http://www.sparetheair.org/ or call the toll free number at 1.877.4No-Burn (1.877.466.2876). Mayor King noted the Rubio Fresh Mexican Food restaurant in the El Paseo shopping center is having a Grand Opening on Thursday, November 4, 2010. CEREMONIAL ITEMS 1. COMMENDATION FOR SARATOGA RESIDENT AND FORMER BUSINESS OWNER – BOB CANCILLIERI STAFF RECOMMENDATION: Present commendation. Mr. Cancillieri and members of the “Skillet Likkers” treated everyone to a music performance. Mayor King and Vice Mayor then presented the commendation to Bob and Shirley Cancillieri. Mr. and Mrs. Cancillieri owned and operated the former “Saratoga Bakery” in the Village. 40 3 2. COMMENDATION FOR SARATOGA RESIDENT AND BUSINESS OWNERS – JOSEPH AND MICHELLE MASEK STAFF RECOMMENDATION: Present commendation. Mayor King and Vice Mayor Hunter read and presented the commendation to Mr. Masek. Joseph and Michelle Masek own and operate “La Mere Michelle” restaurant in the Village. 3. COMMENDATION FOR SARATOGA RESIDENT AND BUSINESS OWNER – TOM VANDENHOOGEN STAFF RECOMMENDATION: Present commendation. Mayor King and Vice Mayor Hunter read and presented the commendation to Tom Vandenhoogen, business owner of “Little Amsterdam” restaurant in the Village. 4. COMMENDATION FOR SARATOGA RESIDENTS AND BUSINESS OWNERS – CONNIE HILLBLOM AND JOAN MITCHELL STAFF RECOMMENDATION: Present commendation. Mayor King and Vice Mayor Hunter read and presented commendations to Connie Hillblom and Joan Mitchell, business owners of “The Fat Robin” shop in the Village. SPECIAL PRESENTATIONS None CONSENT CALENDAR 5. CITY COUNCIL REGULAR MEETING MINUTES – OCTOBER 20, 2010 STAFF RECOMMENDATION: Approve minutes. MILLER/PAGE MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – OCTOBER 20, 2010. MOTION PASSED 5-0-0. 6. TREASURER’S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2010 STAFF RECOMMENDATION: Review and accept the Treasurer’s Report for the month ended September 30, 2010. Councilmember Miller removed this item for clarification. 41 4 Councilmember Miller noted that staff had erroneously included a $505,000 transfer out from the CIP Matching Grant Reserve (approved in the FY2010/11 Adopted Budget) as a manual adjustment to the CIP reserve account. The journal entry for this transfer had not yet been entered into the financial system as of the date this report was written, therefore the transfer out should not have been included in this schedule. The offset to the elimination of this transfer out is a reduction in the Undesignated Fund Balance amount. Councilmember Miller added staff provided the Council and public with a Memo reflecting the revision to Attachment A: Changes in Total Fund Balance Sheet from the Treasurer’s Report. [This Memo and revision attachment will be included in the historic record of this meeting agenda packet.] MILLER/PAGE MOVED TO ACCEPT THE REVISED TREASURER’S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2010. MOTION PASSED 5-0-0. 7. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS STAFF RECOMMENDATION: That the City Council review and accept the check register for the listed following Accounts Payable payment cycle: October 21, 2010 MILLER/PAGE MOVED TO ACCEPT THE CHECK REGISTERS FOR THE LISTED FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: OCTOBER 21, 2010. MOTION PASSED 5-0-0. 8. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON MCCOY AVENUE STAFF RECOMMENDATION: Move to adopt MV Resolution restricting parking on a section of McCoy Avenue. Councilmember Page removed this item for clarification. John Cherbone, Public Works Director, was present to answer Council’s questions. In addition, two residents that live on McCoy Avenue near the YMCA addressed the Council regarding the traffic and parking issues at the YMCA. They noted they were also meeting with the City of San Jose regarding these traffic and parking issues. Councilmember Cappello noted he would like to know the results of the meetings the residents on McCoy have with the City of San Jose. RESOLUTION NO. MV-292 PAGE/CAPPELLO MOVED TO ADOPT MV RESOLUTION RESTRICTING PARKING ON A SECTION OF MCCOY AVENUE. MOTION PASSED 5-0-0. 42 5 9. VEHICLE (MV) RESOLUTION RESTRICTING U-TURNS ON FRUITVALE AVENUE STAFF RECOMMENDATION: Move to adopt MV Resolution restricting U-Turns on Fruitvale Avenue at the median opening in front of West Valley College. RESOLUTION NO. MV-293 PAGE/CAPPELLO MOVED TO ADOPT MV RESOLUTION RESTRICTING U-TURNS ON FRUITVALE AVENUE AT THE MEDIAN OPENING IN FRONT OF WEST VALLEY COLLEGE. MOTION PASSED 5-0-0. 10. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON KOMINA AVENUE STAFF RECOMMENDATION: Move to adopt MV Resolution restricting parking on a section of Komina Avenue. RESOLUTION NO. MV-294 PAGE/CAPPELLO MOVED TO ADOPT MV RESOLUTION RESTRICTING PARKING ON A SECTION OF KOMINA AVENUE. MOTION PASSED 5-0-0. At 7:53 p.m. Mayor King acknowledged the high school and college students that were in the audience for a government class assignment and invited them up on stage. She asked the students to state their names, the school they attend, and their grade level. PUBLIC HEARINGS None OLD BUSINESS 11. WINTER ISSUE OF THE SARATOGAN Recommended action: Accept report and direct staff accordingly. Barbara Powell, Assistant City Manager, presented the staff report. Mayor King invited public comment. No one requested to speak on this item. COUNCIL DIRECTION: 43 6 Council provided the following recommendations: o The proposed article on “finding Council agendas and meeting videos” should also include the Planning Commission agendas and meeting videos. o The cover of the Recreation Activity Guide should reflect a message noting the Saratogan is located inside the Recreation Activity Guide. o Include a “Meet Your Commissioners” article (one commission per issue), including a photo of the commissioners and their names. o Include ideas on energy use reduction. Mayor King suggested looking into refining the City website home page to allow easier access to city agendas. NEW BUSINESS 12. REPORT FROM AD HOC TREE COMMITTEE Recommended action: Recommend one or more of the items listed in the summary for presentation at the City Council retreat under the advanced planning work program. Kate Bear, City Arborist, presented the staff report. Mayor King invited public comment. The following people requested to speak on this item: Muriel Mahrer supports lowering the tree removal fee. Denise Goldberg supports altering the tree removal fees to be more in line with neighboring cities. A member of the public, speaker Eric, feels the tree removal fee is high and the fee should be lowered. No one else requested to speak on this item. Mayor King closed the public comment. COUNCIL DIRECTION: Council discussed this item and directed staff to place this item on the January 2011 Council Retreat Agenda for further discussion, with the focus of discussion on “Developing a Heritage Tree Process”. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King – reported: SCC Cities Association Selection Committee – meets Thursday, November 4, 2010. 44 7 West Valley Mayors and Managers Association – she attended the last meeting. Members received information on “Healthy Workers for Companies with Fewer Than 50 Employees”, a program that is part of the Santa Clara Family Health Plan. Vice Mayor Jill Hunter – reported: Hakone Foundation Board – meets Thursday, November 4, 2010. Library Joint Powers Association – the budget was the focus of discussion at the last meeting; Gayathri Kanth, the new Saratoga Librarian, was introduced to the group; and the Library JPA expressed their gratitude for the $72,000 contribution from the Friends of the Library. Councilmember Howard Miller – reported: Santa Clara County Cities Association Board – the annual holiday party is on December 2nd at the Los Altos Country Club. Councilmember Chuck Page – nothing to report. Councilmember Manny Cappello – reported: County HCD Policy Committee – he attended the last meeting, however; they couldn’t take any action on any agenda items due to a lack of a quorum. Santa Clara County Emergency Council – will be meeting Thursday, November 4, 2010. SASCC – he attended the last meeting and noted the Dandia event was well attended and was very successful. He added the shredding service that SASCC provides is very competitive and recommended anyone in need of this service should contact SASCC at 408.868-1255. CITY COUNCIL ITEMS Councilmember Page announced that Rebecca Elliot, Executive Director for the Peninsula Division of the League of California Cities, is retiring at the end of this year and noted it would be nice to invite her to an upcoming meeting and present her with a commendation signed by all five Council Members. CITY MANAGER’S REPORT None ADJOURNMENT There being no additional business, Mayor King asked for a motion to adjourn the meeting. HUNTER/PAGE MOVED TO ADJOURN THE REGULAR MEETING AT 9:00PM. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC 45 8 City Clerk 46 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 1 0 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 5 : 3 2 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 1 0 2 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 4 3 8 1 0 / 2 8 / 1 0 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 J A N I T O R I A L S U P P L I E S 0 . 0 0 1 1 1 . 8 7 11 1 1 1 1 1 6 4 3 9 1 0 / 2 8 / 1 0 5 2 1 A L L I E D L O C K & S A F E I N C 6 2 3 5 2 0 2 K E Y S 0 . 0 0 1 5 . 9 5 11 1 1 1 1 1 6 4 3 9 1 0 / 2 8 / 1 0 5 2 1 A L L I E D L O C K & S A F E I N C 1 1 1 5 3 0 1 L O C K S / K E Y S - P A R K S 0 . 0 0 7 4 . 6 9 TO T A L C H E C K 0 . 0 0 9 0 . 6 4 11 1 1 1 1 1 6 4 4 0 1 0 / 2 8 / 1 0 1 5 2 A M E R I C A N P L A N N I N G A S S O C I 1 1 1 4 1 0 1 M E M E B E R S H I P 2 0 1 1 0 . 0 0 3 5 0 . 0 0 11 1 1 1 1 1 6 4 4 1 1 0 / 2 8 / 1 0 7 9 8 A N G E L I N A , P A T R I C I A 1 1 1 6 1 0 1 I N S T R U C T O R - F I T N E S S 0 . 0 0 1 4 7 . 5 0 11 1 1 1 1 1 6 4 4 2 1 0 / 2 8 / 1 0 6 4 1 B K F E N G I N E E R S 4 1 1 9 1 2 2 - 0 0 1 H I G H W A Y 9 P H A S E I I I M P 0 . 0 0 5 9 4 . 2 6 11 1 1 1 1 1 6 4 4 2 1 0 / 2 8 / 1 0 6 4 1 B K F E N G I N E E R S 4 3 1 9 1 2 2 - 0 0 1 H I G H W A Y 9 P H A S E I I I M P 0 . 0 0 4 , 5 8 6 . 7 4 TO T A L C H E C K 0 . 0 0 5 , 1 8 1 . 0 0 11 1 1 1 1 1 6 4 4 3 1 0 / 2 8 / 1 0 5 0 0 B R A D A N D A N N R E N N 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 3 , 4 7 6 . 8 4 11 1 1 1 1 1 6 4 4 4 1 0 / 2 8 / 1 0 1 3 B R Y A N T , C H R I S T O P H E R 1 1 1 6 1 0 1 I N S T R U C T O R - G U I T A R 0 . 0 0 1 3 2 . 3 0 11 1 1 1 1 1 6 4 4 4 1 0 / 2 8 / 1 0 1 3 B R Y A N T , C H R I S T O P H E R 1 1 1 6 1 0 1 I N S T R U C T O R - G U I T A R 0 . 0 0 2 6 4 . 6 0 11 1 1 1 1 1 6 4 4 4 1 0 / 2 8 / 1 0 1 3 B R Y A N T , C H R I S T O P H E R 1 1 1 6 1 0 1 I N S T R U C T O R - G U I T A R 0 . 0 0 3 9 6 . 9 0 TO T A L C H E C K 0 . 0 0 7 9 3 . 8 0 11 1 1 1 1 1 6 4 4 5 1 0 / 2 8 / 1 0 6 0 7 B U D G E T F L O O R I N G 4 1 3 9 3 2 1 - 0 0 7 V I N Y L F L O O R I N G 0 . 0 0 1 , 5 6 0 . 9 9 11 1 1 1 1 1 6 4 4 6 1 0 / 2 8 / 1 0 5 0 0 C A M P B E L L P O P W A R N E R 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 6 4 4 7 1 0 / 2 8 / 1 0 9 9 C A M P B E L L U N I O N H I G H S C H O 1 1 1 5 3 0 1 F I E L D R E N T A L F Y 1 0 / 1 1 0 . 0 0 1 3 , 7 9 0 . 0 0 11 1 1 1 1 1 6 4 4 8 1 0 / 2 8 / 1 0 6 9 2 C B S C 1 1 1 4 2 0 1 C B S C F E E S Q 3 / 1 0 0 . 0 0 5 8 9 . 5 0 11 1 1 1 1 1 6 4 4 9 1 0 / 2 8 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 7 5 3 0 2 M T H L Y M T C - 1 0 / 1 0 0 . 0 0 7 5 . 0 0 11 1 1 1 1 1 6 4 4 9 1 0 / 2 8 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 4 5 3 0 2 H O R S E S H O E D R 1 0 / 1 0 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 6 4 4 9 1 0 / 2 8 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 F O O T H I L L P A R K 1 0 / 1 0 0 . 0 0 1 7 8 . 0 0 11 1 1 1 1 1 6 4 4 9 1 0 / 2 8 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 2 4 3 5 3 0 2 C A R N E L I A N G L N 1 0 / 1 0 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 6 4 4 9 1 0 / 2 8 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 V L G E G R B G E R E C E P 1 0 / 1 0 0 . 0 0 2 2 0 . 0 0 11 1 1 1 1 1 6 4 4 9 1 0 / 2 8 / 1 0 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 C O N G R E S S S P R N G 1 0 / 1 0 0 . 0 0 4 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 3 2 8 . 0 0 11 1 1 1 1 1 6 4 5 0 1 0 / 2 8 / 1 0 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 P M S E R V I C E S 0 . 0 0 1 , 6 2 5 . 1 5 11 1 1 1 1 1 6 4 5 1 1 0 / 2 8 / 1 0 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 M T H L Y S V C 1 1 / 1 0 0 . 0 0 1 4 , 7 1 9 . 3 1 11 1 1 1 1 1 6 4 5 1 1 0 / 2 8 / 1 0 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 F L D / S H E L T E R 8 / 1 0 0 . 0 0 5 4 3 . 2 7 11 1 1 1 1 1 6 4 5 1 1 0 / 2 8 / 1 0 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 C A L - I D F Y 2 0 0 9 / 1 0 0 . 0 0 4 8 7 . 0 0 TO T A L C H E C K 0 . 0 0 1 5 , 7 4 9 . 5 8 11 1 1 1 1 1 6 4 5 2 1 0 / 2 8 / 1 0 2 2 9 C O A S T O I L C O M P A N Y L L C 6 2 3 5 2 0 2 U N L E A D E D D I E S E L 0 . 0 0 2 , 6 9 7 . 5 6 11 1 1 1 1 1 6 4 5 3 1 0 / 2 8 / 1 0 2 3 5 C O M C A S T 6 2 2 3 2 0 1 H I G H S P E E D I N T E R N E T 0 . 0 0 1 0 4 . 9 5 11 1 1 1 1 1 6 4 5 4 1 0 / 2 8 / 1 0 4 9 4 C O M C A S T 6 2 2 3 2 0 1 H I G H S P E E D I N T E R N E T 0 . 0 0 1 0 3 . 7 0 11 1 1 1 1 1 6 4 5 5 1 0 / 2 8 / 1 0 2 7 C O M P S H A R E D R I S K P O O L 6 1 2 8 5 0 1 D E P P R E M 7 / 1 - 9 / 3 0 / 1 0 0 . 0 0 4 2 , 3 2 2 . 2 0 11 1 1 1 1 1 6 4 5 5 1 0 / 2 8 / 1 0 2 7 C O M P S H A R E D R I S K P O O L 6 1 2 8 5 0 1 F Y 0 9 / 1 0 A D J 0 . 0 0 - 1 , 2 8 8 . 0 0 47 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 1 0 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 5 : 3 2 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 1 0 2 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T TO T A L C H E C K 0 . 0 0 4 1 , 0 3 4 . 2 0 11 1 1 1 1 1 6 4 5 6 1 0 / 2 8 / 1 0 5 0 0 C O N G , J I A N L I N G 1 1 1 7 1 0 1 D A T A T I C K R E V - S 1 1 6 2 7 2 0 . 0 0 2 4 8 . 0 0 11 1 1 1 1 1 6 4 5 7 1 0 / 2 8 / 1 0 7 1 5 C O R I X W A T E R P R O D U C T S I N C 1 1 1 5 3 0 1 S T E E L G R A T E - S P O R T F L D 0 . 0 0 2 8 9 . 5 1 11 1 1 1 1 1 6 4 5 8 1 0 / 2 8 / 1 0 5 0 0 C O R R E A , U V A L D I N A 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 6 4 5 9 1 0 / 2 8 / 1 0 2 2 5 D E L L M A R K E T I N G L . P . C / O 6 3 2 3 2 0 2 R E P L A C E M E N T C O M P U T E R 0 . 0 0 1 , 1 9 2 . 7 6 11 1 1 1 1 1 6 4 5 9 1 0 / 2 8 / 1 0 2 2 5 D E L L M A R K E T I N G L . P . C / O 6 3 2 3 2 0 2 R E P L A C E M E N T C O M P U T E R 0 . 0 0 1 , 3 3 0 . 4 2 TO T A L C H E C K 0 . 0 0 2 , 5 2 3 . 1 8 11 1 1 1 1 1 6 4 6 0 1 0 / 2 8 / 1 0 2 4 7 D E P A R T M E N T O F C O N S E R V A T I 1 1 1 4 2 0 1 S M I P F E E S Q 3 / 1 0 0 . 0 0 1 , 1 9 7 . 9 6 11 1 1 1 1 1 6 4 6 1 1 0 / 2 8 / 1 0 1 D E P T O F E N V I R O M E N T A L H E A 6 2 4 6 2 0 2 H A Z W A S T D I S P O S A L 0 . 0 0 2 1 1 . 5 0 11 1 1 1 1 1 6 4 6 2 1 0 / 2 8 / 1 0 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M N A S T I C S 0 . 0 0 3 2 1 . 3 8 11 1 1 1 1 1 6 4 6 2 1 0 / 2 8 / 1 0 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M N A S T I C S 0 . 0 0 2 5 7 . 1 0 11 1 1 1 1 1 6 4 6 2 1 0 / 2 8 / 1 0 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M N A S T I C S 0 . 0 0 4 7 7 . 4 8 11 1 1 1 1 1 6 4 6 2 1 0 / 2 8 / 1 0 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M N A S T I C S 0 . 0 0 2 1 2 . 5 2 11 1 1 1 1 1 6 4 6 2 1 0 / 2 8 / 1 0 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M N A S T I C S 0 . 0 0 2 1 5 . 9 9 11 1 1 1 1 1 6 4 6 2 1 0 / 2 8 / 1 0 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M N A S T I C S 0 . 0 0 2 1 2 . 5 2 TO T A L C H E C K 0 . 0 0 1 , 6 9 6 . 9 9 11 1 1 1 1 1 6 4 6 3 1 0 / 2 8 / 1 0 4 2 3 F E H R & P E E R S 4 1 1 9 1 1 1 - 0 0 1 P R O F S V C - H E R R I M A N 0 . 0 0 2 0 5 . 0 2 11 1 1 1 1 1 6 4 6 3 1 0 / 2 8 / 1 0 4 2 3 F E H R & P E E R S 4 1 3 9 3 5 1 - 0 0 1 P R O F S V C - P R O S P E C T C T R 0 . 0 0 2 2 0 . 0 2 11 1 1 1 1 1 6 4 6 3 1 0 / 2 8 / 1 0 4 2 3 F E H R & P E E R S 1 1 1 8 2 0 1 P R O F S V C - D U T T A 0 . 0 0 1 , 1 4 2 . 3 3 11 1 1 1 1 1 6 4 6 3 1 0 / 2 8 / 1 0 4 2 3 F E H R & P E E R S 1 1 1 T R A F F I C C O N S U L T A N T S E R 0 . 0 0 1 , 1 3 3 . 5 2 11 1 1 1 1 1 6 4 6 3 1 0 / 2 8 / 1 0 4 2 3 F E H R & P E E R S 1 1 1 5 1 0 1 T R A F F I C C O N S U L T A N T S E R 0 . 0 0 2 , 1 9 1 . 6 9 11 1 1 1 1 1 6 4 6 3 1 0 / 2 8 / 1 0 4 2 3 F E H R & P E E R S 1 1 1 1 1 0 1 G E N E R A L P L A N C I R C U L A T 0 . 0 0 4 3 0 . 0 4 11 1 1 1 1 1 6 4 6 3 1 0 / 2 8 / 1 0 4 2 3 F E H R & P E E R S 1 1 1 1 1 0 1 C D D C I R E L E M E N T 0 . 0 0 1 , 6 1 7 . 4 2 11 1 1 1 1 1 6 4 6 3 1 0 / 2 8 / 1 0 4 2 3 F E H R & P E E R S 1 1 1 5 1 0 1 T R A F F I C C O N S U L T A N T S E R 0 . 0 0 4 , 9 4 7 . 1 0 TO T A L C H E C K 0 . 0 0 1 1 , 8 8 7 . 1 4 11 1 1 1 1 1 6 4 6 4 1 0 / 2 8 / 1 0 9 0 6 F I S H E R , E L E N A G . 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 1 1 8 . 5 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 M E D I A N S 0 . 0 0 4 , 3 2 7 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 2 5 3 0 2 B O N N E T W A Y 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 4 5 3 0 2 C U N N I N G H A M / G L A S G O W 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 5 5 3 0 2 F R E D R I C K S B U R G 0 . 0 0 1 3 2 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 G R E E N B R I A R A Z U L E 0 . 0 0 2 1 9 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 G R E E N B R I A R S E A G U L L 0 . 0 0 1 8 7 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 9 5 3 0 2 M A N O R D R 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 4 4 8 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O P E A S E O 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O M A R T H A 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 T O L L G A T E 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 8 5 3 0 2 L E U T A R C T 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 1 5 3 0 2 A R R O Y O D E S A R A T O G A 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 4 1 2 9 2 2 4 - 0 0 1 L N D S C P E U P G R D H I S T M U 0 . 0 0 2 0 , 9 5 9 . 0 0 48 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 1 0 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 5 : 3 2 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 1 0 2 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 4 1 2 9 2 2 4 - 0 0 1 C R E D I T 0 . 0 0 - 7 8 9 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 J U N I P E R R M V L - C T Y H A L L 0 . 0 0 8 0 0 . 0 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 P I P E R E P A I R S - G U A V A C T 0 . 0 0 2 6 1 . 7 0 11 1 1 1 1 1 6 4 6 5 1 0 / 2 8 / 1 0 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 4 1 1 9 1 3 2 - 0 0 2 L N D S C P U P G R A D E 0 . 0 0 9 7 2 . 0 0 TO T A L C H E C K 0 . 0 0 2 8 , 5 1 6 . 7 0 11 1 1 1 1 1 6 4 6 6 1 0 / 2 8 / 1 0 5 0 0 G O N Z A L E Z , P H I L I P P E 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 6 4 6 7 1 0 / 2 8 / 1 0 4 6 6 G R A N I T E R O C K C O M P A N Y 4 1 1 9 1 1 1 - 0 0 1 A S P H A L T I C C O N C R E T E 0 . 0 0 1 3 7 . 4 1 11 1 1 1 1 1 6 4 6 8 1 0 / 2 8 / 1 0 4 7 0 G R E G O R I A N , A G N E S 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 7 2 . 5 0 11 1 1 1 1 1 6 4 6 8 1 0 / 2 8 / 1 0 4 7 0 G R E G O R I A N , A G N E S 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 0 3 . 5 0 11 1 1 1 1 1 6 4 6 8 1 0 / 2 8 / 1 0 4 7 0 G R E G O R I A N , A G N E S 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 5 8 . 0 0 11 1 1 1 1 1 6 4 6 8 1 0 / 2 8 / 1 0 4 7 0 G R E G O R I A N , A G N E S 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 3 8 . 0 0 TO T A L C H E C K 0 . 0 0 6 7 2 . 0 0 11 1 1 1 1 1 6 4 6 9 1 0 / 2 8 / 1 0 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 R E T E N T I O N H E L D 0 . 0 0 - 3 , 5 9 2 . 4 5 11 1 1 1 1 1 6 4 6 9 1 0 / 2 8 / 1 0 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 3 2 R E T E T I O N H E L D 0 . 0 0 - 4 , 4 6 2 . 6 0 11 1 1 1 1 1 6 4 6 9 1 0 / 2 8 / 1 0 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 3 2 9 2 7 4 - 0 0 1 J O E ’ S T R A I L A T S A R A T O G 0 . 0 0 4 4 , 6 2 6 . 0 0 11 1 1 1 1 1 6 4 6 9 1 0 / 2 8 / 1 0 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 9 1 1 1 - 0 0 1 H E R R I M A N A V E S H L 9 / 3 0 0 . 0 0 3 5 , 9 2 4 . 5 0 TO T A L C H E C K 0 . 0 0 7 2 , 4 9 5 . 4 5 11 1 1 1 1 1 6 4 7 0 1 0 / 2 8 / 1 0 4 8 8 H O M E D E P O T 2 5 2 5 3 0 2 P A R K S U P P L I E S 0 . 0 0 2 1 . 7 8 11 1 1 1 1 1 6 4 7 0 1 0 / 2 8 / 1 0 4 8 8 H O M E D E P O T 2 5 2 5 3 0 2 P A R K S U P P L I E S 0 . 0 0 2 2 . 5 3 TO T A L C H E C K 0 . 0 0 4 4 . 3 1 11 1 1 1 1 1 6 4 7 1 1 0 / 2 8 / 1 0 4 8 9 H O R I Z O N D I S T R I B U T O R S , I N 1 1 1 5 3 0 1 H E D G E T R I M M E R 0 . 0 0 5 2 8 . 8 2 11 1 1 1 1 1 6 4 7 1 1 0 / 2 8 / 1 0 4 8 9 H O R I Z O N D I S T R I B U T O R S , I N 1 1 1 5 3 0 1 S O D - S P O R T S F L D 0 . 0 0 1 8 4 . 5 5 11 1 1 1 1 1 6 4 7 1 1 0 / 2 8 / 1 0 4 8 9 H O R I Z O N D I S T R I B U T O R S , I N 1 1 1 5 3 0 1 R O O T P A N E L 0 . 0 0 7 9 . 6 5 TO T A L C H E C K 0 . 0 0 7 9 3 . 0 2 11 1 1 1 1 1 6 4 7 2 1 0 / 2 8 / 1 0 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 2 4 7 . 8 0 11 1 1 1 1 1 6 4 7 2 1 0 / 2 8 / 1 0 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 2 1 2 . 4 0 TO T A L C H E C K 0 . 0 0 4 6 0 . 2 0 11 1 1 1 1 1 6 4 7 3 1 0 / 2 8 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 4 1 2 9 2 2 1 - 0 0 1 C O N D U I T / P O L E I N S T A L L 0 . 0 0 1 , 9 0 5 . 7 1 11 1 1 1 1 1 6 4 7 3 1 0 / 2 8 / 1 0 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 I R R I G - S U Z I E ’ S G R D N 0 . 0 0 7 2 5 . 5 7 TO T A L C H E C K 0 . 0 0 2 , 6 3 1 . 2 8 11 1 1 1 1 1 6 4 7 4 1 0 / 2 8 / 1 0 6 1 I N T E R S T A T E B A T T E R Y S Y S T E 6 2 3 5 2 0 2 V E H F L T S P L S 0 . 0 0 7 9 . 7 0 11 1 1 1 1 1 6 4 7 5 1 0 / 2 8 / 1 0 5 2 5 J A M E L L O , N A N C Y 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 3 0 6 . 0 0 11 1 1 1 1 1 6 4 7 5 1 0 / 2 8 / 1 0 5 2 5 J A M E L L O , N A N C Y 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 2 1 6 . 0 0 TO T A L C H E C K 0 . 0 0 5 2 2 . 0 0 11 1 1 1 1 1 6 4 7 6 1 0 / 2 8 / 1 0 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 A L A R M I N S P E P - C T Y H A L L 0 . 0 0 3 3 0 . 0 0 11 1 1 1 1 1 6 4 7 6 1 0 / 2 8 / 1 0 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 A L A R M I N S P E C - T H E A T R E 0 . 0 0 3 8 0 . 0 0 11 1 1 1 1 1 6 4 7 6 1 0 / 2 8 / 1 0 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 A L A R M I N S P E C - C T Y H A L L 0 . 0 0 3 8 0 . 0 0 11 1 1 1 1 1 6 4 7 6 1 0 / 2 8 / 1 0 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 A L A R M I N S P E C - C O M M C T R 0 . 0 0 6 4 4 . 0 0 11 1 1 1 1 1 6 4 7 6 1 0 / 2 8 / 1 0 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 A L A R M I N S P E C - P R O S P E C T 0 . 0 0 6 3 3 . 0 0 11 1 1 1 1 1 6 4 7 6 1 0 / 2 8 / 1 0 1 2 3 K E L E X S E C U R I T Y 6 2 4 6 2 0 2 A L A R M I N S P E C - C O M M C T R 0 . 0 0 6 4 4 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 0 1 1 . 0 0 49 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 1 0 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 5 : 3 2 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 1 0 2 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 4 7 7 1 0 / 2 8 / 1 0 7 5 0 K I N G G R A D I N G 4 1 2 9 2 7 6 - 0 0 2 P A R K E R R A N C H R O A D L O W E 0 . 0 0 2 5 , 0 0 0 . 0 0 11 1 1 1 1 1 6 4 7 8 1 0 / 2 8 / 1 0 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 5 4 . 0 0 11 1 1 1 1 1 6 4 7 8 1 0 / 2 8 / 1 0 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 5 4 . 0 0 11 1 1 1 1 1 6 4 7 8 1 0 / 2 8 / 1 0 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 9 9 . 0 0 11 1 1 1 1 1 6 4 7 8 1 0 / 2 8 / 1 0 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 2 4 1 . 5 0 11 1 1 1 1 1 6 4 7 8 1 0 / 2 8 / 1 0 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 6 9 . 0 0 11 1 1 1 1 1 6 4 7 8 1 0 / 2 8 / 1 0 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 6 4 . 5 0 11 1 1 1 1 1 6 4 7 8 1 0 / 2 8 / 1 0 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 1 0 3 . 5 0 11 1 1 1 1 1 6 4 7 8 1 0 / 2 8 / 1 0 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 3 4 . 5 0 11 1 1 1 1 1 6 4 7 8 1 0 / 2 8 / 1 0 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 6 4 . 5 0 TO T A L C H E C K 0 . 0 0 7 8 4 . 5 0 11 1 1 1 1 1 6 4 7 9 1 0 / 2 8 / 1 0 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 2 3 0 1 P R O F S V C 0 . 0 0 2 , 5 3 2 . 0 0 11 1 1 1 1 1 6 4 7 9 1 0 / 2 8 / 1 0 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 2 3 0 1 P R O F S V C 0 . 0 0 1 , 9 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 4 3 2 . 0 0 11 1 1 1 1 1 6 4 8 0 1 0 / 2 8 / 1 0 5 0 0 L I U , H O N G Y A N G 1 1 1 6 1 0 1 R E F U N D - C L A S S 0 . 0 0 6 7 . 5 0 11 1 1 1 1 1 6 4 8 1 1 0 / 2 8 / 1 0 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 3 2 . 0 0 11 1 1 1 1 1 6 4 8 1 1 0 / 2 8 / 1 0 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 6 4 . 0 0 11 1 1 1 1 1 6 4 8 1 1 0 / 2 8 / 1 0 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 4 7 6 . 0 0 11 1 1 1 1 1 6 4 8 1 1 0 / 2 8 / 1 0 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 2 5 6 . 0 0 11 1 1 1 1 1 6 4 8 1 1 0 / 2 8 / 1 0 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 9 6 . 0 0 11 1 1 1 1 1 6 4 8 1 1 0 / 2 8 / 1 0 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 1 7 8 . 5 0 TO T A L C H E C K 0 . 0 0 1 , 1 0 2 . 5 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 B E A U C H A M P S P A R K 0 . 0 0 2 1 2 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 R A V E N W O O D P A R K 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 A Z U L E P A R K 0 . 0 0 5 6 5 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 K E V I N M O R A N P A R K 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 H I S T O R I C A L P A R K 0 . 0 0 1 7 0 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 P R O S P E C T C E N T E R 0 . 0 0 5 5 0 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 4 5 3 0 2 S U N L A N D 0 . 0 0 2 0 3 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 4 7 5 3 0 2 K E R W I N R A N C H 0 . 0 0 3 1 1 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 2 5 3 0 2 B E L L G R O V E 0 . 0 0 1 , 5 9 8 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 2 5 3 0 2 B E L L G R O V E 0 . 0 0 1 9 5 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 3 5 3 0 2 L E G E N D S 0 . 0 0 1 5 8 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 3 5 3 0 2 G A T E W A Y 0 . 0 0 2 0 3 . 0 0 11 1 1 1 1 1 6 4 8 2 1 0 / 2 8 / 1 0 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 S O I L T E S T - K . M O R A N P K 0 . 0 0 6 1 0 . 0 0 TO T A L C H E C K 0 . 0 0 5 , 1 6 5 . 0 0 11 1 1 1 1 1 6 4 8 3 1 0 / 2 8 / 1 0 5 0 0 L O Y D , R O B E R T 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 6 5 6 . 7 2 11 1 1 1 1 1 6 4 8 4 1 0 / 2 8 / 1 0 2 3 M I T Y - L I T E , I N C . 4 1 3 9 3 3 3 - 0 0 5 T A B L E / C A R T - J P C O M M P R 0 . 0 0 1 , 5 8 1 . 4 2 11 1 1 1 1 1 6 4 8 5 1 0 / 2 8 / 1 0 7 3 1 N E O P O S T , I N C 6 2 1 3 1 0 2 I N K C A R T R I D G E 0 . 0 0 1 0 7 . 0 7 11 1 1 1 1 1 6 4 8 6 1 0 / 2 8 / 1 0 1 2 6 N O R D - A G R A R I N T E R N A T I O N A L 4 1 1 9 1 1 1 - 0 0 1 P E R M A P A T C H 0 . 0 0 9 4 6 . 6 9 50 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 5 DA T E : 1 0 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 5 : 3 2 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 1 0 2 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 4 8 7 1 0 / 2 8 / 1 0 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 6 2 0 1 F C L T Y R N T L B R O C H U R E 0 . 0 0 4 0 4 . 9 7 11 1 1 1 1 1 6 4 8 8 1 0 / 2 8 / 1 0 1 4 5 O F F I C E D E P O T I N C . 6 2 1 3 1 0 2 S U P P L I E S 0 . 0 0 1 , 1 2 1 . 0 8 11 1 1 1 1 1 6 4 8 8 1 0 / 2 8 / 1 0 1 4 5 O F F I C E D E P O T I N C . 6 2 1 3 1 0 2 P A P E R 0 . 0 0 1 2 9 . 3 0 11 1 1 1 1 1 6 4 8 8 1 0 / 2 8 / 1 0 1 4 5 O F F I C E D E P O T I N C . 1 1 1 6 1 0 1 S U P P L I E S 0 . 0 0 1 9 4 . 7 9 TO T A L C H E C K 0 . 0 0 1 , 4 4 5 . 1 7 11 1 1 1 1 1 6 4 8 9 1 0 / 2 8 / 1 0 7 7 7 O ’ G R A D Y P A V I N G , I N C . 4 1 1 R E T E N T I O N H E L D 0 . 0 0 - 1 , 3 0 0 . 0 0 11 1 1 1 1 1 6 4 8 9 1 0 / 2 8 / 1 0 7 7 7 O ’ G R A D Y P A V I N G , I N C . 4 1 1 9 1 1 1 - 0 0 1 M A N H O L E A D J U S T M E N T P R O 0 . 0 0 1 3 , 0 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 1 , 7 0 0 . 0 0 11 1 1 1 1 1 6 4 9 0 1 0 / 2 8 / 1 0 1 5 6 O K I N , Y E L E N A 1 1 1 6 1 0 1 I N S T R U C T O R - B E A D I N G 0 . 0 0 2 9 . 0 0 11 1 1 1 1 1 6 4 9 1 1 0 / 2 8 / 1 0 6 0 O N T R A C 4 1 1 9 1 1 1 - 0 0 1 D E L I V E R Y C H A R G E S 0 . 0 0 1 5 . 5 0 11 1 1 1 1 1 6 4 9 2 1 0 / 2 8 / 1 0 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 P A R K S U P P L I E S 0 . 0 0 1 , 1 2 3 . 0 4 11 1 1 1 1 1 6 4 9 2 1 0 / 2 8 / 1 0 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 2 0 1 S T R E E T S U P P L I E S 0 . 0 0 3 4 6 . 9 0 TO T A L C H E C K 0 . 0 0 1 , 4 6 9 . 9 4 11 1 1 1 1 1 6 4 9 3 1 0 / 2 8 / 1 0 1 9 5 P A P A 1 1 1 5 3 0 1 2 0 1 1 M E M B E R S H I P 0 . 0 0 4 0 . 0 0 11 1 1 1 1 1 6 4 9 4 1 0 / 2 8 / 1 0 8 9 0 P E E L L E T E C H N O L O G I E S , I N C 1 1 1 4 2 0 1 L A S E R F I C H E S C A N N I N G S E 0 . 0 0 1 , 5 0 8 . 6 4 11 1 1 1 1 1 6 4 9 5 1 0 / 2 8 / 1 0 9 0 7 P E G G Y S C H O P P E 4 1 3 9 3 6 4 - 0 0 1 H R D W R - M C W I L L I A M S C I P 0 . 0 0 4 4 3 . 5 2 11 1 1 1 1 1 6 4 9 5 1 0 / 2 8 / 1 0 9 0 7 P E G G Y S C H O P P E 4 1 3 9 3 6 4 - 0 0 1 W L P A P R - M C W L M N S C I P 0 . 0 0 7 2 8 . 0 0 11 1 1 1 1 1 6 4 9 5 1 0 / 2 8 / 1 0 9 0 7 P E G G Y S C H O P P E 4 1 3 9 3 6 4 - 0 0 1 T O I L E T - M C W L M S C I P 0 . 0 0 7 0 0 . 5 0 11 1 1 1 1 1 6 4 9 5 1 0 / 2 8 / 1 0 9 0 7 P E G G Y S C H O P P E 4 1 3 9 3 6 4 - 0 0 1 W L P A P E R - M C W L M S C I P 0 . 0 0 3 , 6 9 3 . 2 9 TO T A L C H E C K 0 . 0 0 5 , 5 6 5 . 3 1 11 1 1 1 1 1 6 4 9 6 1 0 / 2 8 / 1 0 2 7 8 P E T R O T E K 6 2 3 5 2 0 2 M O N I T O R C E R T I F I C A T I O N 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 6 4 9 7 1 0 / 2 8 / 1 0 3 2 6 P O N Y E X P R E S S T A C K 6 2 4 6 2 0 2 F A C I L I T Y S U P P L I E S 0 . 0 0 4 1 1 . 0 3 11 1 1 1 1 1 6 4 9 7 1 0 / 2 8 / 1 0 3 2 6 P O N Y E X P R E S S T A C K 1 1 1 6 2 0 1 F A C I L I T Y S U P P L I E S 0 . 0 0 1 5 8 . 2 7 TO T A L C H E C K 0 . 0 0 5 6 9 . 3 0 11 1 1 1 1 1 6 4 9 8 1 0 / 2 8 / 1 0 6 9 3 P R E M I E R W E S T I N T E R I O R S , 6 2 4 6 2 0 2 W H H G A Z E B O R E P A I R 0 . 0 0 1 , 6 7 9 . 0 0 11 1 1 1 1 1 6 4 9 9 1 0 / 2 8 / 1 0 9 0 8 P R O D O O R & G L A S S 6 2 4 6 2 0 2 R P R - H A N D I C A P P E D D O O R 0 . 0 0 2 , 9 0 0 . 0 0 11 1 1 1 1 1 6 5 0 0 1 0 / 2 8 / 1 0 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 T R A F F I C S G N L M O . 9 / 1 0 0 . 0 0 1 , 4 2 5 . 0 0 11 1 1 1 1 1 6 5 0 0 1 0 / 2 8 / 1 0 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 T R A F F I C S I G N A L 8 / 1 0 0 . 0 0 1 , 4 2 5 . 0 0 11 1 1 1 1 1 6 5 0 0 1 0 / 2 8 / 1 0 4 0 9 R E P U B L I C I T S 4 1 1 9 1 1 1 - 0 0 1 T R A F F I C S I G R P R 8 / 1 0 0 . 0 0 3 , 1 2 5 . 2 1 11 1 1 1 1 1 6 5 0 0 1 0 / 2 8 / 1 0 4 0 9 R E P U B L I C I T S 4 1 1 9 1 1 1 - 0 0 1 T R A F F I C S G N L R P R 9 / 1 0 0 . 0 0 3 9 5 . 9 6 11 1 1 1 1 1 6 5 0 0 1 0 / 2 8 / 1 0 4 0 9 R E P U B L I C I T S 2 3 1 5 3 0 2 S T L G H T M T C / R P R 0 . 0 0 1 , 3 1 9 . 0 0 TO T A L C H E C K 0 . 0 0 7 , 6 9 0 . 1 7 11 1 1 1 1 1 6 5 0 1 1 0 / 2 8 / 1 0 5 0 0 R I O V I S T A B A K E R Y 1 1 1 6 1 0 1 R E C T R I P - M E A L 0 . 0 0 3 1 5 . 0 0 11 1 1 1 1 1 6 5 0 2 1 0 / 2 8 / 1 0 5 0 0 R O B E R T S M E A D 1 1 1 D E P R F N D ( R P L C # 1 1 6 3 2 6 ) 0 . 0 0 2 , 1 4 0 . 0 0 11 1 1 1 1 1 6 5 0 3 1 0 / 2 8 / 1 0 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 2 5 . 1 1 11 1 1 1 1 1 6 5 0 3 1 0 / 2 8 / 1 0 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 4 5 3 0 2 C U N N I N G H A M / G L A S G O W 0 . 0 0 8 6 . 4 9 51 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 6 DA T E : 1 0 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 5 : 3 2 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 1 0 2 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 5 0 3 1 0 / 2 8 / 1 0 8 7 S A N J O S E W A T E R C O M P A N Y 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 1 2 1 . 6 3 TO T A L C H E C K 0 . 0 0 2 3 3 . 2 3 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 3 0 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 6 . 2 4 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 6 . 2 4 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 1 2 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 5 6 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 3 2 2 . 9 1 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 7 1 . 6 1 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 3 3 6 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 8 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 8 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 3 3 7 . 4 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 9 0 . 4 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 2 6 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 2 8 . 4 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 2 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 4 2 . 8 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 8 4 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 2 6 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 4 4 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 5 8 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 3 3 6 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 5 6 . 8 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 1 7 . 6 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 9 0 . 4 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 9 0 . 4 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 7 . 6 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 3 8 . 0 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 3 8 0 . 8 0 11 1 1 1 1 1 6 5 0 5 1 0 / 2 8 / 1 0 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 4 7 . 6 0 TO T A L C H E C K 0 . 0 0 4 , 5 6 1 . 2 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C O M D E V 0 . 0 0 1 , 0 7 5 . 2 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C O D E E N F 0 . 0 0 3 8 . 4 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - L T M G M T 0 . 0 0 2 3 0 . 4 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - O F F I C E / C N C L 0 . 0 0 3 , 4 5 6 . 0 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P U B L I C W R K S 0 . 0 0 2 , 3 2 3 . 2 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - R E C R E A T I O N 0 . 0 0 2 , 4 9 6 . 0 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C T Y C L R K 0 . 0 0 5 7 . 6 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C I R C E L M N T 0 . 0 0 6 9 1 . 2 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P R L Y - Y E L A V C H 0 . 0 0 7 6 . 8 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C T Y M G R O F C 0 . 0 0 4 4 1 . 6 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - H S G E L E M E N T 0 . 0 0 2 , 8 4 1 . 6 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - H S G E L E M E N T 0 . 0 0 1 , 9 0 0 . 8 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - N O N D P T - F D E X 0 . 0 0 1 1 . 5 6 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - P U B L I C W R K S 0 . 0 0 7 3 6 . 6 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - R E C R E A T I O N 0 . 0 0 4 6 5 . 9 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C I R C E L E M E N T 0 . 0 0 1 , 9 1 0 . 7 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - P R L Y - Y E L A V C H 0 . 0 0 2 0 . 2 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - N O N D P T - R S R C H 0 . 0 0 3 3 . 7 4 52 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 7 DA T E : 1 0 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 5 : 3 2 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 1 0 2 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 3 2 9 2 7 4 - 0 0 1 C E Q A - D E A N Z A T R A I L 0 . 0 0 6 2 1 . 4 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N C D E N F - Q U R Y A C Q 0 . 0 0 2 , 9 2 9 . 3 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N C D E N F - D U T T A 0 . 0 0 3 , 8 9 2 . 5 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C O D E E N F 0 . 0 0 5 7 . 6 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - L I T I G M G T 0 . 0 0 5 7 . 6 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - O F C / C T Y C N C L 0 . 0 0 1 , 6 8 9 . 6 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P U B L I C W O R K S 0 . 0 0 3 , 3 6 0 . 0 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C T Y C L R K O F C 0 . 0 0 1 1 5 . 2 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C I R C E L E M E N T 0 . 0 0 5 7 . 6 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P R L Y - Y E L A V C H 0 . 0 0 5 3 7 . 6 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C I T Y M G R O F C 0 . 0 0 1 , 4 4 0 . 0 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - H S G E L E M E N T 0 . 0 0 1 3 4 . 4 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - H S G E L E M E N T 0 . 0 0 1 , 6 5 1 . 2 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - M E D M A R I J U A N 0 . 0 0 1 , 6 8 9 . 6 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - C T Y M G R O F C 0 . 0 0 3 1 8 . 5 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - L G L R S R C H 0 . 0 0 9 3 . 1 1 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 3 2 9 2 7 4 - 0 0 1 C E Q A D E A N Z A T R A I L 0 . 0 0 5 , 3 0 9 . 4 5 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N C O D E E N F - Q U A R R Y 0 . 0 0 2 , 9 0 2 . 4 0 11 1 1 1 1 1 6 5 0 7 1 0 / 2 8 / 1 0 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N C D E N F - D U T T A 0 . 0 0 6 , 1 6 7 . 0 0 TO T A L C H E C K 0 . 0 0 5 1 , 8 3 1 . 5 6 11 1 1 1 1 1 6 5 0 8 1 0 / 2 8 / 1 0 1 4 9 S I E R R A D I S P L A Y I N C 2 3 1 5 3 0 2 L E D T R E E L I G H T I N G 0 . 0 0 7 1 8 . 7 4 11 1 1 1 1 1 6 5 0 8 1 0 / 2 8 / 1 0 1 4 9 S I E R R A D I S P L A Y I N C 4 1 1 9 1 3 2 - 0 0 1 L E D T R E E L I G H T I N G 0 . 0 0 2 5 , 3 3 6 . 4 1 11 1 1 1 1 1 6 5 0 8 1 0 / 2 8 / 1 0 1 4 9 S I E R R A D I S P L A Y I N C 2 3 1 5 3 0 2 T R E E L I G H T S 0 . 0 0 5 5 0 . 6 2 TO T A L C H E C K 0 . 0 0 2 6 , 6 0 5 . 7 7 11 1 1 1 1 1 6 5 0 9 1 0 / 2 8 / 1 0 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 P A R K S U P P L I E S - R O U N D U P 0 . 0 0 8 9 . 9 7 11 1 1 1 1 1 6 5 0 9 1 0 / 2 8 / 1 0 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 P A R K S U P - G R A S S S E E D 0 . 0 0 8 5 . 2 2 TO T A L C H E C K 0 . 0 0 1 7 5 . 1 9 11 1 1 1 1 1 6 5 1 0 1 0 / 2 8 / 1 0 2 3 6 S O L E C T R I C E L E C T R I C C O N T R 2 3 1 5 3 0 2 G F C R L C M N T - B I G B A S I N 0 . 0 0 1 1 0 . 8 3 11 1 1 1 1 1 6 5 1 0 1 0 / 2 8 / 1 0 2 3 6 S O L E C T R I C E L E C T R I C C O N T R 2 3 1 5 3 0 2 R P R L E D P O L E F I X T U R E 0 . 0 0 1 1 8 . 7 5 TO T A L C H E C K 0 . 0 0 2 2 9 . 5 8 11 1 1 1 1 1 6 5 1 1 1 0 / 2 8 / 1 0 5 8 7 S T A T E B O A R D O F E Q U A L I Z A T 6 2 3 5 2 0 2 F U E L T A X Q 1 / 1 1 0 . 0 0 2 . 4 3 11 1 1 1 1 1 6 5 1 2 1 0 / 2 8 / 1 0 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 S U N G A R D P L U S M T C 1 1 / 1 0 0 . 0 0 5 , 3 9 0 . 0 0 11 1 1 1 1 1 6 5 1 2 1 0 / 2 8 / 1 0 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 H T E A S P A N N U A L S U P P O R T 0 . 0 0 3 6 4 . 0 0 TO T A L C H E C K 0 . 0 0 5 , 7 5 4 . 0 0 11 1 1 1 1 1 6 5 1 3 1 0 / 2 8 / 1 0 6 8 8 T H E C O N S U L T I N G T E A M , L L C 1 1 1 2 3 0 1 C O A C H I N G 0 . 0 0 4 , 9 1 7 . 0 5 11 1 1 1 1 1 6 5 1 4 1 0 / 2 8 / 1 0 3 7 7 U N I T E D S I T E S E R V I C E S O F 1 1 1 5 3 0 1 F E N C E R N T L - K . M O R A N P K 0 . 0 0 7 4 . 3 3 11 1 1 1 1 1 6 5 1 5 1 0 / 2 8 / 1 0 5 5 7 V A V R I N E K , T R I N E , D A Y & C 1 1 1 3 1 0 1 A U D I T S E R V I C E S - 9 / 1 0 0 . 0 0 1 1 , 0 0 0 . 0 0 11 1 1 1 1 1 6 5 1 6 1 0 / 2 8 / 1 0 4 0 2 V I S T A L A N D S C A P E & M A I N T E 4 1 2 9 2 2 4 - 0 0 1 H I S T O R I C A L P A R K P A T H W A 0 . 0 0 1 7 , 8 5 0 . 0 0 11 1 1 1 1 1 6 5 1 6 1 0 / 2 8 / 1 0 4 0 2 V I S T A L A N D S C A P E & M A I N T E 4 1 2 9 2 2 4 - 0 0 1 H I S T O R I C A L P A R K P A T H W A 0 . 0 0 6 , 8 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 4 , 7 0 0 . 0 0 11 1 1 1 1 1 6 5 1 7 1 0 / 2 8 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 L I B R A R Y 1 0 / 1 0 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 6 5 1 7 1 0 / 2 8 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 C O N G R E S S S P R I N G S P A R K 0 . 0 0 6 0 . 0 0 53 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 8 DA T E : 1 0 / 2 8 / 2 0 1 0 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 5 : 3 2 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 0 1 0 2 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 4 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 6 5 1 7 1 0 / 2 8 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 C O N G R E S S S P R I N G S P A R K 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 5 1 7 1 0 / 2 8 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 E L Q U I T O P A R K W E E K E N D 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 5 1 7 1 0 / 2 8 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 E L Q U I T O P A R K W E E K E N D 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 6 5 1 7 1 0 / 2 8 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 W I L D W O O D P A R K W E E K E N D 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 6 5 1 7 1 0 / 2 8 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 W I L D W O O D P A R K W E E K E N D 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 6 5 1 7 1 0 / 2 8 / 1 0 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 K E V I N M O R A N P A R K W E E K E 0 . 0 0 1 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 9 8 0 . 0 0 11 1 1 1 1 1 6 5 1 8 1 0 / 2 8 / 1 0 9 0 2 W E S T V A L L E Y C H A R T E R L I N E 1 1 1 6 1 0 1 E X C U R S I O N S V C 1 1 / 1 7 / 1 0 0 . 0 0 8 5 8 . 0 0 11 1 1 1 1 1 6 5 1 8 1 0 / 2 8 / 1 0 9 0 2 W E S T V A L L E Y C H A R T E R L I N E 1 1 1 6 1 0 1 E X C U R S I O N S V C 1 1 0 3 1 0 0 . 0 0 8 7 0 . 0 0 11 1 1 1 1 1 6 5 1 8 1 0 / 2 8 / 1 0 9 0 2 W E S T V A L L E Y C H A R T E R L I N E 1 1 1 6 1 0 1 E X C U R S I O N S V C 1 0 - 2 1 - 1 0 0 . 0 0 1 , 0 3 5 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 7 6 3 . 0 0 11 1 1 1 1 1 6 5 1 9 1 0 / 2 8 / 1 0 5 4 4 W H E E L W O R K S 6 2 3 5 2 0 2 V E H T I R E S 0 . 0 0 5 5 3 . 9 2 11 1 1 1 1 1 6 5 2 0 1 0 / 2 8 / 1 0 5 0 0 W I L L I A M A N D N A T A L I E M A U S 1 1 1 R F N D - R P L C M N T C K 1 1 4 8 2 1 0 . 0 0 2 , 1 4 0 . 0 0 11 1 1 1 1 1 6 5 2 1 1 0 / 2 8 / 1 0 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 S / N : R Y U 2 7 2 9 7 1 M A I N T E N 0 . 0 0 4 6 . 4 8 11 1 1 1 1 1 6 5 2 1 1 0 / 2 8 / 1 0 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 S / N : R Y U 2 7 2 9 7 1 M A I N T E N 0 . 0 0 3 8 . 2 2 TO T A L C H E C K 0 . 0 0 8 4 . 7 0 11 1 1 1 1 1 6 5 2 2 1 0 / 2 8 / 1 0 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 4 1 4 9 4 2 1 - 0 0 1 T E C H S U P P L I E S 0 . 0 0 1 1 3 . 1 8 11 1 1 1 1 1 6 5 2 2 1 0 / 2 8 / 1 0 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 2 2 3 2 0 1 I T S U P P O R T S E R V I C E S 0 . 0 0 4 1 . 2 5 TO T A L C H E C K 0 . 0 0 1 5 4 . 4 3 11 1 1 1 1 1 6 5 2 3 1 0 / 2 8 / 1 0 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 5 3 0 1 F I R S T A I D S P L Y - P A R K S 0 . 0 0 6 0 . 4 5 11 1 1 1 1 1 6 5 2 3 1 0 / 2 8 / 1 0 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 5 2 0 1 F I R S T A I D S P L Y - S T R E E T 0 . 0 0 5 9 . 4 5 11 1 1 1 1 1 6 5 2 3 1 0 / 2 8 / 1 0 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 4 1 0 1 F I R S T A I D S P L Y - C D D 0 . 0 0 1 3 9 . 0 2 TO T A L C H E C K 0 . 0 0 2 5 8 . 9 2 TO T A L C A S H A C C O U N T 0 . 0 0 4 3 3 , 1 5 5 . 8 4 TO T A L F U N D 0 . 0 0 4 3 3 , 1 5 5 . 8 4 TO T A L R E P O R T 0 . 0 0 4 3 3 , 1 5 5 . 8 4 54 SARATOGA CITY COUNCIL MEETING DATE: November 17, 2010 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: FY 2009/10 Comprehensive Annual Financial Report (CAFR). RECOMMENDED ACTION: Review and accept the FY 2009/10 Comprehensive Annual Financial Report (CAFR). REPORT SUMMARY: The City’s external auditor’s Vavrinek, Trine, Day & Co, LLP (VTD) conducted an audit in accordance with generally accepted auditing standards. These standards require that they plan and perform the audits to obtain reasonable assurance as to whether the financial statements are free of material misstatement. In conjunction with the audit, the City’s financial data and schedules were compiled as a Comprehensive Annual Financial Report (CAFR) which presents the City of Saratoga’s financial condition, results of operations and current economic condition, for the fiscal year ended June 30, 2010. The 2009/10 CAFR received an unqualified opinion from the City’s external auditors, VTD. An unqualified opinion indicates the financial data of the City is fairly presented according to general accounting principles. Additionally, VTD reviewed the City’s internal controls, and found no reportable material weaknesses. A material weakness is a significant deficiency which could lead to a material misstatement of the financial statements. The auditors informed staff that in accordance with auditing regulations, they do not issue management letters on Internal Controls unless the City’s internal control structure is found to have reportable material weaknesses. The City has applied for the Government Finance Officers Association (GFOA), Certificate of Achievement for Excellence in Financial Reporting for the FY 2009/10 CAFR. Staff will inform Council of the award status once notified. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None FOLLOW UP ACTION: Notify Council of CAFR Award status ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – CAFR Document 55 C ITY OF S ARATOGA C ALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT FISCAL YEAR 2009/10 56 57 Saratoga, California Comprehensive Annual Financial Report For the Fiscal Year Ended June 30, 2010 City Council Kathleen King ............................................................................................................. Mayor Jill Hunter........................................................................................................... Vice Mayor Chuck Page ................................................................................................ Council Member Howard Miller ............................................................................................ Council Member Manny Cappello ......................................................................................... Council Member Presented under the direction of: David Anderson, City Manager Finance & Administrative Services Department 58 59 CITY OF SARATOGA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2010 i T ABLE OF C ONTENTS I NTRODUCTORY SECTION Letter of Transmittal ......................................................................................................... 1 GFOA Certificate of Achievement for Excellence in Financial Reporting ........................... 5 Principal Officers of the City ............................................................................................ 6 Organization Chart ........................................................................................................... 7 F INANCIAL S ECTION Independent Auditor’s Report ............................................................................................. 9 Management’s Discussion and Analysis (Required Supplementary Information) ............. 11 Basic Financial Statements: Government-Wide Financial Statements Statement of Net Assets ............................................................................................ 23 Statement of Activities and Changes in Net Assets ..................................................... 24 Fund Financial Statements Governmental Funds: Balance Sheet ........................................................................................................... 25 Reconciliation of the Government Funds Balance Sheet to the Government-Wide Financial Statement of Net Assets .................................. 26 Statement of Revenues, Expenditures and Changes in Fund Balances ......................... 27 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balances to the Government-Wide Statement of Activities and Changes in Net Assets ................................................ 28 Proprietary Funds: Statement of Net Assets ............................................................................................ 29 Statement of Revenues, Expenses, and Changes in Fund Net Assets ........................... 30 Statement of Cash Flows ........................................................................................... 31 Fiduciary Funds: Statement of Fiduciary Net Assets ............................................................................. 32 Basic Financial Statement Notes: Notes to the Basic Financial Statements ..................................................................... 33 Required Supplementary Information Budgetary Information .............................................................................................. 57 Modified Approach for City Streets Infrastructure Capital Assets ............................... 59 60 CITY OF SARATOGA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2010 ii T ABLE OF C ONTENTS C ONTINUED S UPPLEMENTARY I NFORMATION: Non-Major Governmental Funds Combining Balance Sheets ....................................................................................... 62 Combining Statement of Revenues, Expenditures and Changes in Fund Balances ........ 64 Schedule of Revenues, Exp and Changes in Fund Balances – Budget and Actual: Capital Improvements .......................................................................................... 66 Lighting & Landscape Assessment Districts Special Revenue Funds ..................... 67 Community Development Block Grant Special Revenue Fund ............................... 68 Library Bond Debt Service Fund .......................................................................... 69 Library Expansion Capital Project Fund ............................................................... 70 Fiduciary Funds Statement of Changes in Assets and Liabilities – Agency Funds ................................. 72 Internal Service Funds Combining Statement of Net Assets ........................................................................... 74 Combining Statement of Revenues, Expenses, and Change in Fund Balance ............... 76 Combining Statement of Cash Flows ......................................................................... 78 Capital Assets Used in the Operation of Governmental Funds Comparative Schedule by Source ............................................................................... 83 Schedule by Function and Activity ............................................................................ 84 Schedule of Changes by Function and Activity .......................................................... 86 Statistical Section (Unaudited) Net Assets by Component .......................................................................................... 88 Changes in Net Assets ............................................................................................... 89 Fund Balance of Governmental Funds ........................................................................ 90 Governmental Activities Tax Revenues by Source ..................................................... 91 Changes in Fund Balances of Governmental Funds .................................................... 92 Direct and Overlapping Governments ........................................................................ 93 Assessed Value of Taxable Property .......................................................................... 94 Principal Property Taxpayers ..................................................................................... 96 Property Tax Levies and Collections .......................................................................... 97 Ratios of Outstanding Debt by Type .......................................................................... 98 Ratios of General Bonded Debt Outstanding .............................................................. 99 Direct and Overlapping Governmental Activities Debt ............................................. 100 Legal Debt Margin Information ............................................................................... 101 Demographic and Economic Statistics ..................................................................... 102 Principal Employers ............................................................................................... 103 Full-Time Equivalent City Government Employees by Function ............................... 104 Operating Indicators by Function ............................................................................. 105 Capital Asset Statistics by Function ......................................................................... 106 61 INTRODUCTORY SECTION 62 63 1 C ITY OF S ARATOGA C ITY H ALL 13777 F RUITVALE A VENUE S ARATOGA, C ALIFORNIA 95070 (408) 868-1200 November 8, 2010 Honorable Mayor and City Council, The Comprehensive Annual Financial Report (CAFR) of the City of Saratoga for the year ended June 30, 2010 is hereby submitted as mandated by applicable statutes. These statutes require that the City of Saratoga annually issue a report on its financial position and activity, and that an independent firm of certified public accountants audit this report. Responsibilities for both the accuracy of the data and the completeness and fairness of the presentation, including all disclosures, rests with the City's management. The information in this report is intended to present the reader with a comprehensive view of the City’s financial position and the results of its operations for the fiscal year ending June 30, 2010, along with additional disclosures and financial information designed to enable the reader to gain an understanding of the City’s financial activities. This report was prepared as prescribed in Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements and Management’s Discussions and Analysis-for State and Local Governments. This GASB Statement requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management’s Discussion and Analysis (MD&A). This letter of transmittal is designed to complement MD&A and should be read in conjunction with it. THE REPORTING ENTITY AND ITS SERVICES The City, incorporated in 1956, is located 40 miles south of San Francisco in the Santa Clara Valley. The City currently covers a land area of approximately 12 square miles and contains a population of 31,997 at January 1, 2010 as reported by the Department of Finance. The City is a general law city of the State of California and operates under a council-manager form of government. Policymaking and legislative authority are vested in the City Council, which consists of a Mayor, Vice Mayor and three additional council members. City Council members are elected at-large for staggered four-year terms. The Mayor is selected annually by the City Council. The City Council is responsible for, among other things, passing ordinances, adopting the budget, appointing members to the City’s seven advisory commissions and hiring the City Manager and City Attorney. The City Manager is responsible for implementing the policies and ordinances of the City Council, overseeing the daily operations of the City, and recommending appointments of the City's department directors to the City Council. The City provides a limited range of services including public safety, development regulation, public works, community and recreation activities and events, and general administrative functions. As a minimal service city, activities are supplemented through numerous contracts with others. Contracted services include, but are not limited to, public safety, infrastructure maintenance, engineering services, legal services and recreation activities. The City is also committed to citizen participation in the evaluation, expansion and enhancement of services. 64 2 Saratoga residents who wish to assist the City Council in forming government policy may do so by serving on an advisory commission. The commissions all act in an advisory capacity to the City Council, and are comprised of the Heritage Preservation Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, and Youth Commission. The financial reporting entity (the City) includes all the fund activity of the primary government, as well as all of its component units. Component units are legally separated entities for which the City is fully accountable. The City’s Saratoga Public Financing Authority (PFA) component unit which provided financial oversight of local bond obligations was finalized in FY 2005/06. The Authority’s final financial report was issued for FY 2006/07. Blended component units, although legally separate entities, are in substance, part of the City’s operations and data from these units are combined with data of the City. Accordingly, the operations of the Landscaping and Lighting Assessment Districts are reported in the City’s financial statements. ECONOMIC CONDITIONS AND OUTLOOK The financial structure of Saratoga with its mostly built-out residential neighborhoods and limited commercial development means that the two typically largest sources of revenue for cities—property tax and sales tax—will result in minimal growth in future years. In addition, while Proposition 1A protects the city from further ongoing unrestrained State takeaways of tax revenues, under the current budget crisis, the City expects to see shortfalls in unprotected State or County based funding, and temporary borrowings of property tax revenues permitted under Proposition 1A. With this in mind the City continues to restrict operations to minimal services and prepare for funding impacts. Capital improvements will continue to be funded with residual funding and grant moneys as funding levels allow. On a positive note the City began receiving a significant increase in property tax revenues due to the passage of Assembly Bill 117. This legislation, effective with the 2006/07 fiscal year, increased the property tax percentage allocated to the City as a result of the Tax Equity Allocation (TEA) formula. Assembly Member Cohn sponsored the bill which resulted from a joint effort of the City of Saratoga, Santa Clara County and 3 other affected cities – Cupertino, Monte Sereno and Los Altos Hills. While the TEA legislation restored the cities to the full “low tax” level of 7%, the State required the cities to continue to remit the County’s ERAF rate on these funds so that the bill would have no effect on the State budget. The ERAF rate the County remits is 47.7%, compared to the City of Saratoga’s rate of 17.14%, resulting in a significant impact to the revenues received. FINANCIAL INFORMATION AND MAJOR INITIATIVES Management of the City is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse and to ensure that adequate accounting data is compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed benefits likely to be derived, and (2) the valuation of costs and benefits requires estimates and judgments by management. As a recipient of federal, state and local financial assistance, the City is also responsible for guaranteeing that an adequate internal control structure is in place to ensure and document compliance with applicable laws and 65 3 regulations related to these programs. This internal control structure is subject to periodic evaluation by the City’s management. The City has practiced a passive approach to investments and maintains flexibility by managing a pooled cash system. Under the pooled cash concept, the City invests the cash of all funds with maturities planned to coincide with cash needs. Idle cash is invested in certain eligible securities as constrained by law and further limited by the City’s investment policy. The goals of the City’s investment policy are safety, liquidity and yield. In addition, the City maintains extensive budgetary controls. The objective of these controls is to ensure compliance with legal provisions embodied in the annual appropriated budget approved by the City Council. Activities of the general fund, special revenue funds, capital projects funds and debt service funds are included in the annual appropriation. The level of budgetary control (i.e., the level at which expenditures cannot exceed the appropriated amount) is at the fund level. The City also maintains an encumbrance accounting system as another method of maintaining budgetary control. Encumbered amounts lapse at year-end with the exception of the Capital Improvements Projects, which are multiple-year projects. However, outstanding encumbrances of a material nature are reviewed by the responsible department and in some cases a recommendation is made to the City Council to take action by Resolution to re-appropriate these funds into the following year’s budget. The FY 2009/10 budget focused on maintaining service levels in anticipation of further reductions in the City’s revenue sources due to the weakening economy. Departmental budgets were held or reduced to non- expansive levels. The City prepared for additional takeaways by the State due to the publicity of the State’s struggle with their budget. With decreasing resources, the FY 2009/10 budget process continued its focus on operational efficiencies to streamline services, the alignment of fees with services provided to the public, short-term eliminations of operational resources where available, and strengthening the organization’s tracking and communication of City operations. OTHER INFORMATION Independent Audit – California law requires cities to prepare an annual audit by an independent certified public accountant. In addition to meeting the requirements set forth in statutes, the audit was also designed to meet the requirements of the federal Single Audit Act of 1984, as amended, and the related U.S. Office of Management and Budget’s Circular. Generally accepted auditing standards set forth in the General Accounting Office’s Government Auditing Standards were used by the auditors in conducting the engagement. The auditor’s unqualified report is included in the financial section of this report. Vavrinek, Trine, Day & Co., LLP Certified Public Accountants performed the City’s Fiscal Year 2009/10 financial audit. Awards – The Government Finance Officers Association (GFOA) of the United States and Canada awarded a Certificate of Achievement to the City for its Excellence in Financial Reporting on the CAFR for the fiscal year ended June 30, 2009. In order to be awarded a Certificate of Achievement, the City published an easily readable and efficiently organized financial report. This report satisfied both generally accepted accounting principles and applicable legal requirements. The Certificate of Achievement is valid for a period of one year. We believe our current CAFR continues to meet the Certificate of Achievement program’s requirements, and plan on submitting it to the GFOA to determine its eligibility for another certificate. 66 4 Acknowledgements – This CAFR represents the culmination of numerous hours of hard work expended by many individuals in the Finance & Administrative Services Department. In particular, we would like to express our appreciation to Robert Edris, Sr. Accountant for his exemplary preparation of this annual financial report, and to our supporting staff members: Ann Xu, Accountant; Julie Ingraham, Karen Caselli, and Melanie Whitaker, Accounting Technicians for all their assistance with the audit and exemplary services throughout the year. Furthermore, we would like to thank Vavrinek, Trine, Day & Co. LLP, CPA’s for their helpful assistance in the preparation of this report. Finally, we would like to give credit to the City Council for their ongoing interest and support in planning, conducting and advising on the operations of the City in a responsible and representative manner. Respectfully submitted, Dave Anderson Mary Furey City Manager Finance and Administrative Services Director 67 5 68 6 CITY OF SARATOGA ELECTED OFFICIALS AND ADMINISTRATIVE PERSONNEL As of June 30, 2010 CITY COUNCIL Kathleen King - Mayor Jill Hunter – Vice Mayor Chuck Page Howard Miller Manny Cappello CITY STAFF Dave Anderson – City Manager Barbara Powell – Assistant City Manager Ann Sullivan – City Clerk Mary Furey – Finance & Administrative Services Director John Livingstone – Community Development Director John Cherbone – Public Works Director Michael Taylor – Recreation & Facilities Director CITY ATTORNEY Richard S. Taylor – Shute, Mihaly & Weinberger INDEPENDENT AUDITORS Vavrinek, Trine, Day & Co., LLP, CPA 69 7 City of Saratoga - Organization Chart City AttorneyCity Manager Executive Assistant .60 Community Development Department Community Development Director Administrative Analyst II 1 Human Resources Division 1 HR Manager Facilities Division 1 Facility Maint. Supervisor 1 Facility Maint. Leadworker 2 Facility Maint. Workers .60 Facility Coordinator Planning Division 1 Senior Planner 2 Assistant Planners 1 Arborist 1 Office Specialist Engineering Division 1 Sr. Civil Engineer 1 Associate Engineer 1 Administrative Analyst .75 Office Specialist Parks Division 1 Manager -Parks 1 Park Maint. Leadworker 1 Park Maint. Specialist 6 Park Maint. Workers .50 Office Specialist III Finance Division 1 Accountant 3 Accounting Technicians Information Technology Division 1 IT Analyst Office of the City Clerk 1 City Clerk .15 Deputy City Clerk Financeand Administrative Services Department Finance and Administrative Services Director Recreation and Facilities Department Recreation and Facilities Director Public Works Department Public Works Director Recreation Services Division 1 Senior Recreation Supervisor 1 Recreation Supervisor 1 Office Specialist Streets and Fleet Division 1 Manager -Streets and Fleet 1 Street Maint. Leadworker 1 Street Maint. Specialist 4 Street Maint. Workers .50 Office Specialist Building Division 1 Building Official 2 Building Inspectors 1 Code Compliance Specialist 1 Plan Check Engineer 1 Office Specialist Citizen Advisory Commissions and Citizens of Saratoga ElectedCity Council CityManager's Department Assistant City Manager/City Manager's Department Director 70 8 This page is intentionally blank. 71 FINANCIAL SECTION 72 73 9 INDEPENDENT AUDITOR’S REPORT To Honorable Mayor and Members of the City Council of the City of Saratoga Saratoga, California We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of City of Saratoga (the City), as of and for the year ended June 30, 2010, which collectively comprise the City’s basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City’s management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Governmental Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Saratoga, as of June 30, 2010, and the respective changes in financial position, and where applicable, cash flows thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated November 8, 2010, on our consideration of the city’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in conjunction with this report in considering the results of our audit. 5000 Hopyard Road, Suite 335 Pleasanton, CA 94588 Tel: 925.734.6600 Fax: 925.734.6611 www.vtdcpa.com F R E S N O L A G U N A H I L L S P L E A S A N T O N R A N C H O C U C A M O N G A P A L O A L T O S A C R A M E N T O 74 10 The required supplementary information, such as management’s discussion and analysis, and the required supplementary information as listed on the table of contents, are not a required part of the basic financial statements but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The introductory section, and the combining individual non-major fund statements and schedules, and statistical section, as listed in the table of contents, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining individual non-major fund statements and schedules have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. Pleasanton, California November 8, 2010 75 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 11 INTRODUCTION The following provides a narrative overview and analysis of the fiscal operations during the fiscal year ended June 30, 2010 for the City of Saratoga. The Management Discussion and Analysis (MD&A) is to be read in conjunction with the annual Transmittal Letter and the Basic Financial Statements. FISCAL YEAR 2009/10 FINANCIAL HIGHLIGHTS  The City's total net assets were $123,017,751, comprised of $108,965,864 for investment in capital assets, net of depreciation and related debt; $5,519,025 restricted for specific purposes; and $8,532,862 unrestricted net assets (reference pg #23).  Total City revenues were $18,901,842 which consists of program revenue of $6,536,962 and general revenues of $12,364,880 (reference pg #24).  The City’s expenses were $18,741,679 (reference pg #24).  Total Governmental Fund’s fund balances were $13,529,703, consisting of $8,010,678 in the General Fund, $3,705,941 in the Capital Improvement Funds, and $1,813,084 in the Other Governmental Funds (reference pg #25).  General Fund revenues were $15,245,049, while General Fund expenditures were $15,138,899 (reference pg #27). THE BASIC FINANCIAL STATEMENTS The Basic Financial Statements are comprised of 1) Government-wide (City-wide) Financial Statements, and; 2) Fund Financial Statements. These two sets of financial statements provide the reader two different perspectives of the City's financial activities and financial position. Government-Wide Financial Statements provide a longer-term view of the City's activities as a whole, and comprise the Statement of Net Assets and the Statement of Activities. The Statement of Net Assets provides information about the financial position of the City as a whole, including all its capital assets and long-term liabilities on a full accrual basis, similar to that used by corporations. The Statement of Activities provides information about all the City's revenues and all its expenses, also on a full accrual basis, with the emphasis on measuring net revenues and/or expenses for each of the City's programs. The Statement of Activities explains in detail the change in Net Assets for the fiscal year. All of the City's activities are required to be grouped into government activities and business-type activities. The entire amount in the Statement of Net Assets and the Statement of Activities are also required to be separated into governmental activities or business-type activities in order to provide a summary of these two activities of the City as a whole. In the case of the City of Saratoga, there are no business-type activities as of June 30, 2010. Fund Financial Statements report the City's operations in more detail than the government-wide statements and focus primarily on the short-term activities of the City's general fund and other major funds. The Fund Financial Statements measure only current revenues and expenditures and fund balances; they exclude capital assets, long-term debt, and other long-term amounts. 76 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 12 Major funds account for the major financial activities of the City and are presented individually, while the activities of non-major funds are presented in summary, with subordinate schedules presenting the detail for each of these other funds. Major funds are explained below. The Government-Wide Financial Statements Government-wide financial statements are prepared on the accrual basis, which means they measure the flow of all economic resources of the City as a whole. The Statement of Net Assets and the Statement of Activities present information about the following: Governmental Activities - All of the City's basic services are considered to be governmental activities, including general government, community development, public safety, transportation, and, culture and leisure. These services are supported by general City revenues such as taxes, and by specific program revenues such as developer and recreation program fees. Business-Type Activities - This category includes enterprise activities such as water, sewer, and utilities. Unlike governmental services, these services are fully supported by charges paid by users based on the amount of services they use. The City of Saratoga does not have any business-type activities at this time. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City, like other local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Fund financial statements provide detailed information about each of the City's most significant funds, called major funds. The concept of major funds, and the determination of which are major funds, was established by GASB Statement 34 and replaces the concept of combining like funds and presenting them in total. Instead, each major fund is presented individually, with all non-major funds summarized and presented only in a single column. Subordinate schedules present the detail of these non-major funds. Major funds present the major activities of the City for the fiscal year, and may change from year to year as a result of changes in the pattern of the City's activities. The City's funds are segregated into three categories: governmental funds, proprietary funds, and fiduciary funds. Governmental Funds - The City's basic services are reported in governmental funds, which focus on how money flows into and out of those funds and the balances available at year-end. Financial statements are prepared on the modified accrual basis, which means they measure only current financial resources and uses. Carrying amounts for capital assets and other long-lived assets, along with long-term liabilities are not presented on the balance sheet in the governmental fund financial statements. Unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating the City's near-term financing requirements. Proprietary Funds – Internal service funds are an accounting device used to accumulate and allocate costs internally among the City’s various functions. The City uses internal service funds to account for liability and risk management, workers compensation, office supplies, information technology services, vehicle and building maintenance, and vehicle and information technology equipment replacement. Because the internal service funds benefit the governmental functions, they have been included with the governmental activities in the government-wide financial statements. 77 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 13 Fiduciary Funds – These funds account for assets held by the City in a trustee capacity or as an agent for individuals, private organizations, other governmental units, and/or other funds. Fiduciary funds are not reflected in the government-wide financial statements because these resources are not available to support the City's programs. The City maintains one such fund, the Community Access Television Fund, which acts as trustee for the CATV Foundation Board for investment purposes. NOTES TO THE FINANCIAL STATEMENTS Notes to the Financial Statements provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes can be found immediately following the fund financial statements. REQUIRED SUPPLEMENTARY INFORMATION Required supplementary information other than through the MD&A follows the Notes and includes a budgetary comparison for the General Fund as presented in the governmental fund financial statements, and information on the modified approach for city streets and infrastructure. SUPPLEMENTARY INFORMATION Combining and individual fund statements and schedules are included to provide information for non-major governmental funds, special revenue funds, fiduciary funds, and uses of capital assets. An un-audited statistical section provides historical and current data on financial trends, revenue and debt capacity, demographic and economic information, and operating information. GOVERNMENT-WIDE FINANCIAL ANALYSIS Net assets may serve over time as an indicator of the City's financial position. The City's Total Net Assets increased $160,163, from $122,857,588 in FY 2008/09 to $123,017,751 in FY 2009/10. The most significant portion of the City's net assets ($108,965,864 or 88.6%) accounts for its investment in capital assets, (e.g., land, buildings, general government infrastructure, equipment, etc.;) less any related debt used to acquire those assets that are still outstanding. These capital assets represent infrastructure which provides services to the citizens, consequently, these assets are not available for future spending. $5,519,025 or 4.5% of the City's net assets are subjected to external restrictions on how they may be used. Of these restricted net assets, $4,057,300 is restricted for capital projects, $892,593 is for repayment of long-term debt and $569,132 is restricted for housing activities and lighting and landscaping assessment districts. The remaining $8,532,862 or 6.9% of the City's net assets are unrestricted and may be used to meet the City's ongoing obligations to citizens and creditors. 78 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 14 Governmental Activities 2010 2009 Assets Current assets 16,740,241$ 18,182,606$ Non-current assets 58,337 71,670 Capital assets 121,920,864 122,102,516 Total Assets 138,719,442 140,356,792 Liabilities Current liabilities 2,794,845 4,317,341 Long-term debt 12,906,846 13,181,863 Total Liabilities 15,701,691 17,499,204 Net Assets Investment in capital assets, net of related debt 108,965,864 108,817,516 Restricted for Capital Project 4,057,300 3,865,374 Restricted for Debt Service 892,593 931,361 Restricted for Special Projects 569,132 484,088 Unrestricted 8,532,862 8,759,249 Total Net Assets 123,017,751$ 122,857,588$ Net Assets 79 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 15 Governmental Activities Increase Functions/Programs 2010 2009 (Decrease) Program Revenues Charges for services 5,588,740$ 5,768,277$ (179,537)$ Operating grants and contributions 275,035 228,534 46,501 Capital grants and contributions 673,187 338,768 334,419 Total Program Revenues 6,536,962 6,335,579 201,383 General Revenues Property taxes 8,371,322 8,335,805 35,517 Sales taxes 954,574 1,043,034 (88,460) Local taxes 560,040 663,053 (103,013) Franchise taxes 1,663,657 1,656,716 6,941 Motor vehicle in-lieu 101,218 116,273 (15,055) Intergovernmental revenues 521,852 473,989 47,863 Investment earnings 100,731 397,116 (296,385) Other revenues 91,486 148,284 (56,798) Total General Revenues 12,364,880 12,834,270 (469,390) Expenses General and intergovernmental services 3,729,036 5,595,474 (1,866,438) Public safety 4,338,598 4,210,763 127,835 Public works 6,534,902 7,643,545 (1,108,643) Community services 1,710,769 1,633,997 76,772 Community development services 1,751,348 1,999,754 (248,406) Interest on long-term debt (unallocated)677,026 696,800 (19,774) Total Expenses 18,741,679 21,780,333 (3,038,654)$ Increase / (Decrease) in Net Assets 160,163 (2,610,484) Net Assets, Beginning of Year 122,857,588 125,468,072 Net Assets, End of Year 123,017,751$ 122,857,588$ Statement of Changes in Net Assets As shown in the above Statement of Changes in Net Assets schedule, the net change in program revenues from the prior fiscal year for governmental activities is an increase of $201,383. The net change in general revenues from the prior year is a decrease of $469,390, for a total decrease in revenues of $268,007. The net change in expenses from the prior year is a decrease of $3,038,654. With total program and general revenues for fiscal year 2009/10 at $18,901,842 and total expenses at $18,741,679, the net activity resulted in an increase in Net Assets of $160,163. 80 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 16 An analysis and graphical representation of the changes in revenues and expenditures by type of significant events follows: CHART OF REVENUE INCREASE OR (DECREASE) $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 FY 2008/09 FY 2009/10 Total Revenues by Category Increases in Revenues  A $46,501 increase in operating grants is primarily the result of the State’s payment delay for COPS/SLESF funds as funding due in fiscal year 2008/09 was made in fiscal year 2009/10. A $334,419 increase in capital grants reflects a large street resurfacing grant reimbursement completed in FY 2009/10.  The small increase of $35,517 (.43%) in property tax revenue is the net of increases in property tax assessment values from real estate turnover of long-held properties, against decreases in overall assessed property values. The increase is significantly lower than in previous years due to the ongoing decrease in housing prices during FY 2009/10.  Intergovernmental revenues reflect an increase of $47,863 due primarily to an increase in Gas Tax revenues from the prior fiscal year. Decreases in Revenues  A decrease of $179,537 in Charge for Services reflects the ongoing impact to development service revenues caused by the economic downturn and credit crunch. The continued decline was offset by an approximate $80,000 increase in recreation revenues resulting from new dance programs. 81 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 17  Sales tax and local taxes also decreased in fiscal year 2009/10 as a result of the economic downturn. Sales tax decreased by $88,460 and local taxes by $103,013. The portion of the business license tax and the construction tax that are based on building permits comprised the majority of the decrease in local taxes, with the remainder of the decrease from the City’s hotel tax.  Investment Earnings decreased by $296,385 (75%) from the prior year due to historically low interest rates at under 1% during the fiscal year  Other Revenues represents miscellaneous refunds and reimbursements, proceeds from sales, cell tower leases, and minor oddities. Revenues will fluctuate from year to year as these types of receipts are typically unplanned and one-time occurrences. A continued emphasis on categorizing revenues into proper programs and categories has also contributed to the $56,798 decrease in this category. CHART OF EXPENSE INCREASE OR (DECREASE) $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 FY 2008/09 FY 2009/10 TotalExpenses by Category The net change in expenses for Governmental Activities was a decrease of $3,038,654. Expenditures with significant events include: Increases in Expenses  Public Safety expenses increased by $127,835 due to an increase in the Sheriff’s Office contract cost.  The $76,772 increase in Community Services expenses is due to increases in Recreation program costs resulting from additional dance program activities and staffing costs. Decreases in Expenses  A $1,866,438 decrease in the General and Intergovernmental Services category from the prior year is the result of strategic reductions in administrative staffing costs, operational expenses, and internal service charges to offset reductions in revenues. 82 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 18  A $1,108,643 decrease in the Public Works category reflects reductions in non-capital maintenance costs with the emphasis shifting to capital improvements rather than maintenance projects during the fiscal year.  The community development category of expenditures decreased by $248,406 with the continued downturn in services provided. MAJOR AND OTHER GOVERNMENTAL FUNDS: CHANGE IN FUND BALANCE A summary of the changes in fund balance of the major and other government funds are presented below: Other Capital Governmental General Improvement Funds Total Revenues 15,245,049$ 2,160,466$ 1,573,432$ Total Expenditures 15,138,899 2,578,501 1,396,353 Revenues Over (Under) Expenditures 106,150 (418,035) 177,079 Transfers in 325,842 845,979 - Transfers out (650,000) (232,983) (133,838) Net change in fund balances (218,008) 194,961 43,241 Beginning of year 8,228,686 3,510,980 1,769,843 End of year 8,010,678$ 3,705,941$ 1,813,084$ Major Funds Included in the Major Funds are the General Fund and the Capital Improvement Fund. The Other Governmental funds include twenty-four Lighting and Landscape Assessment Districts, accounted for as one fund in the financials, the Community Development Block Grant Fund, the Library Bond Debt Service Fund, and the Library Expansion Capital Project Fund. The net change of the Major and Other Governmental Funds fiscal year transactions is an increase of $20,194. General Fund - As shown in the preceding Major Funds table, the net change in the General Fund's Fund Balance was a decrease of $218,008. A net loss resulted from the net of operating revenues coming in just slightly over operating expenditures, and the transfer out of $650,000 to the Capital Improvement Program. Revenues are budgeted conservatively based upon prior year experience and specific information, while expenditures are limited to anticipated program needs at not-to-exceed projected funding levels. A large factor which contributed to the net loss was the more than $600,000 decrease in General Fund revenues from the prior year due to continued drops in development permits and fees, construction related taxes, and interest earnings. Capital Improvement Project Fund - As shown in the table above, the net change in the Capital Improvement Fund has an increase of $194,961 which is due to timely grant reimbursements and a net of $612,996 of transfers into the capital program to offset the operational shortfall. 83 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 19 Other Governmental Funds - As shown in the table, there was a net increase of $43,241 in the Other Governmental Funds, primarily due to lower operational costs in the landscape and lighting funds this fiscal year. GENERAL FUND – BUDGETARY HIGHLIGHTS Changes from the City's General Fund original budget to the final budget are detailed in the Required Supplementary Information Section along with a comparison to actual activity for the year ended. Changes to the City's budget that increase or decrease appropriations in a fund must be approved by a resolution of the City Council. Modifications to the budget that are a realignment of fiscal activities with no impact to the fund's bottom line may be approved by the City Manager. Adopted to Final Budget Fiscal Year Ended June 30, 2010 Adopted Budget Final Budget Adjustments Budget Expenditures 15,816,578$ (478,033) 15,338,545$ Transfers out 253,500$ 396,500 650,000$ The General Fund adopted expenditure budget was $15,816,578. At the City’s mid-year review, a revenue shortfall was anticipated so various departmental expenditures were reduced by $310,000 and funding for the City’s internal service funds was reduced by $168,033, reducing the General Fund’s budget by $478,033. CAPITAL ASSETS The City of Saratoga elected to use the "Modified Approach" as defined by GASB Statement No. 34 for infrastructure reporting in which eligible infrastructure capital assets are not required to be depreciated if the following requirements are met:  The City manages the assets using an asset management system which requires that the City (1) perform an up-to-date inventory; (2) perform condition assessments and summarize the results using a measurement scale; and (3) estimate the annual amount to preserve the assets at the established condition assessment level.  The City documents that the eligible infrastructure capital assets are being preserved approximately at or above the established and disclosed condition assessment level. The City policy is to achieve an average Pavement Condition Index (PCI) rating of 70 for all streets. The City achieved the 70 rating with 86% of streets rated as Excellent to Good, 13% of streets are rated as "Poor", and 1% of streets are rated as "Very Poor". The City spent $771,386 to maintain and preserve eligible infrastructure assets. For more detailed information on Capital Assets activity, please refer to Note 2 in the section entitled "Notes to the Basic Financial Statements" and "Required Supplementary Section". The next assessment study has been contracted for September, 2010. 84 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 20 As of June 30, 2010, the City had $121,920,864 invested in a variety of capital assets, as reflected in the following schedule, which represents a decrease of $181,652 or less than a 1% decrease from the prior year. Governmental Activities 2010 2009 Land 12,984,078$ 10,585,106$ Building and structures 17,941,650 18,261,779 Machinery and equipment 680,366 470,646 Infrastructure 85,871,410 86,189,639 Construction in progress 4,443,360 6,595,346 Total Capital Assets, Net of Depreciation 121,920,864$ 122,102,516$ Capital Assets at Year End Net of Depreciation The following reconciliation summarizes the changes in Capital Assets. Balance Balance July 1, 2009 Additions Retirements June 30, 2010 Land 10,585,106$ 2,398,972$ -$ 12,984,078$ Building and structures 23,156,758 256,005 - 23,412,763 Machinery and equipment 2,026,140 383,494 (127,790) 2,281,844 Infrastructure 103,549,229 876,278 104,425,507 Construction in progress 6,595,346 1,808,376 (3,960,362) 4,443,360 Depreciation (23,810,063) (1,944,415) 127,790 (25,626,688) Total Capital Assets, Net of Depreciation 122,102,516$ 3,778,710$ (3,960,362)$ 121,920,864$ Changes in Capital Assets Major capital projects in progress during the fiscal year include the following:  Kevin Moran Park Improvements - $116,132  Library HVAC Upgrade - $276,548  Saratoga Avenue Resurfacing - $257,716  UPPR / DeAnza Trail - $251,007  Prospect Road Medians - $99,373 Additional information on Capital Assets is included in Note 6 to the financial statements. DEBT ADMINISTRATION The net change in outstanding debt for the City of Saratoga is a decrease of $220,747. During the fiscal year, the City did not enter into any new debt structures. 85 CITY OF SARATOGA MANAGEMENT’S DISCUSSION AND ANALYSIS FOR THE YEAR ENDED JUNE 30, 2010 21 Governmental Activities 2010 2009 2001 General Obligation Bond 12,955,000$ 13,285,000$ Compensated absences 693,668 584,415 Total Outstanding Debt 13,648,668$ 13,869,415$ Outstanding Long-Term Obligation at Year End The current portions of long-term debt ($350,000 and $330,000 for 2010 and 2009, respectively), are classified as current liabilities in the City's Statement of Net Assets. 2001 General Obligation Bond - During the fiscal year, the City made debt service payments that include a principal reduction of $330,000 on the City's 2001 General Obligation $15,000,000 bond issue. Compensated absences are accrued liabilities for vested and unpaid vacation and sick pay. The compensated absences balance increased during the fiscal year by $109,253 due to an increase in unused compensated time off. Additional information on outstanding obligations can be found in Note 7 to the financial statements. ECONOMIC FACTORS In September 2006, the City received a significant increase in new property tax revenues on an annual basis due to the passage of Assembly Bill 117. This legislation effective with FY 2006/07 increases the amount of property taxes allocated to the City as a result of the TEA (Tax Equity Allocation) formula. Assembly Member Cohn sponsored the bill which resulted from a joint effort of the City of Saratoga, Santa Clara County and the three other affected cities - Cupertino, Monte Sereno and Los Altos Hills. These cities are referred to as "no/low tax cities" and will have restored a proportionate share of the property taxes which they lost to special legislation in 1989. This resulted in a permanent increase in general fund property taxes to approximately 5.45% of the 1% ad valorem tax property owners pay. The economy of the City and its major initiatives for the fiscal year are discussed in the accompanying Transmittal Letter. REQUEST FOR FINANCIAL INFORMATION This financial report is designed to provide a general overview of the City of Saratoga's finances for all of Saratoga's residents, taxpayers, customers, investors, and creditors. This financial report seeks to demonstrate the City's accountability for the money it receives. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the Administrative Services Department, 13777 Fruitvale Avenue, Saratoga, California 95070. 86 22 This page is intentionally blank.. . 87 BASIC FINANCIAL STATEMENTS 88 89 CITY OF SARATOGA STATEMENT OF NET ASSETS JUNE 30, 2010 23 Primary Government Governmental Activities ASSETS Current Assets: Cash and investments 15,864,455$ Receivables: Accounts 842,425 Interest 20,028 Loans 13,333 Total Current Assets 16,740,241 Noncurrent Assets: Loans receivable 58,337 Capital Assets: Non-depreciable 66,583,057 Depreciable, net 55,337,807 Total Capital Assets 121,920,864 Total Noncurrent Assets 121,979,201 Total Assets 138,719,442 LIABILITIES Current Liabilities: Accounts payable 523,533 Accrued payroll 372,018 Other payable 62,173 Interest payable 280,690 Deposits payable 750,387 Unearned revenue 9,621 Claims payable 54,601 Long-term debt - due within one year 741,822 Total Current Liabilities 2,794,845 Noncurrent Liabilities: Long-term debt - due in more than one year 12,906,846 Total liabilities 15,701,691 Net Assets Investment in capital assets, net of related debt 108,965,864 Restricted for: Capital projects funds 4,057,300 Debt service 892,593 Special projects 569,132 Total Restricted 5,519,025 Unrestricted 8,532,862 Total Net Assets 123,017,751$ The accompanying notes are an integral part of these financial statements 90 CITY OF SARATOGA STATEMENT OF ACTIVITIES AND CHANGES IN NET ASSETS JUNE 30, 2010 24 Net (Expense) Revenue and Changes in Program Revenues Net Assets Primary Operating Capital Government Charges for Grants and Grants and Governmental Functions/Programs Expenses Services Contributions Contributions Total Activities Primary Government: Governmental Activities: General and intergovernmental services 3,729,036$ 125,076$ -$ -$ 125,076$ (3,603,960)$ Public safety 4,338,598 425,378 144,175 - 569,553 (3,769,045) Public works 6,534,902 2,534,991 7,048 673,187 3,215,226 (3,319,676) Community services 1,710,769 916,730 - - 916,730 (794,039) Community development services 1,751,348 1,586,565 123,812 - 1,710,377 (40,971) Interest on long-term debt (unallocated)677,026 - - - - (677,026) Total 18,741,679$ 5,588,740$ 275,035$ 673,187$ 6,536,962$ (12,204,717)$ General Revenues: Taxes Property taxes 8,371,322 Sales taxes 954,574 Local taxes 560,040 Franchise taxes 1,663,657 Motor vehicle-in-lieu 101,218 Total taxes 11,650,811 Intergovernmental 521,852 Investment earnings 100,731 Other revenues 91,486 Total General Revenues 12,364,880 Change in Net Assets 160,163 Net Assets - Beginning of Year 122,857,588 Net Assets - End of Year 123,017,751$ The accompanying notes are an integral part of these financial statements 91 CITY OF SARATOGA GOVERNMENTAL FUNDS - BALANCE SHEET JUNE 30, 2010 25 Other Total Capital Governmental Governmental General Improvement Funds Funds ASSETS Cash and investments 9,032,631$ 3,502,303$ 1,830,951$ 14,365,885$ Receivables: Accounts 467,810 296,570 11,477 775,857 Interest 17,892 - 2,136 20,028 Loans - - 71,670 71,670 Total assets 9,518,333$ 3,798,873$ 1,916,234$ 15,233,440$ LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 363,550$ 91,071$ 21,859$ 476,480$ Accrued payroll 331,531 1,861 - 333,392 Deposits payable 750,387 - - 750,387 Other payable 62,173 - - 62,173 Deferred revenue 14 - 81,291 81,305 Total liabilities 1,507,655 92,932 103,150 1,703,737 Fund Balances: Reserved for: Petty cash 1,300 - - 1,300 Debt service - - 892,593 892,593 Unreserved, designated for: Operations 2,889,077 - - 2,889,077 Economic uncertainty 1,500,000 - - 1,500,000 Environmental services 563,182 - - 563,182 Community development services 632,380 - - 632,380 Grant matching 600,000 - - 600,000 Hillside Reserve 300,000 - - 300,000 Uncollected deposits 44,791 - - 44,791 Carryforward Reserve 68,600 68,600 Capital projects reserve 126,983 126,983 Unreserved, undesignated, reported in: General fund 1,284,365 - - 1,284,365 Special revenue funds - - 569,132 569,132 Capital projects funds - 3,705,941 351,359 4,057,300 Total fund balances 8,010,678 3,705,941 1,813,084 13,529,703 Total liabilities and fund balances 9,518,333$ 3,798,873$ 1,916,234$ 15,233,440$ The accompanying notes are an integral part of these financial statements Major Funds 92 CITY OF SARATOGA RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET ASSETS JUNE 30, 2010 26 Total Fund Balances - Total Governmental Funds 13,529,703$ Amounts reported for governmental activities in the statement of net assets were different because: Capital assets used in governmental activities were not current financial resources. Therefore, they were not reported in the Governmental Funds Balance Sheet. The capital assets were adjusted as follows: Non-depreciable capital assets 66,583,057 Depreciable capital assets, net 55,046,268 Total Capital Assets 121,629,325 Interest payable on long-term debt did not require current financial resources. Therefore, interest payable was not reported as a liability in Governmental Funds Balance Sheet. (280,690) Internal service funds are used by management to charge the costs of office stores, vehicle and equipment maintenance and replacement, information services and replacement, building maintenance, risk management, and workers compensation. The assets and liabilities of the internal service funds are included in the governmental activities in the statement of net assets 1,655,207 Long-term receivables were not current available resources and therefore, were offset by a deferred revenue amount equal to the net receivable in the governmental funds.132,874 Long-term liabilities were not due and payable in the current period. Therefore, they were not reported in the Governmental Funds Balance Sheet. The long-term liabilities were adjusted as follows: General obligation bonds (12,955,000) Compensated absences (693,668) Total Long-Term Liabilities (13,648,668) Net Assets of Governmental Activities 123,017,751$ The accompanying notes are an integral part of these financial statements 93 CITY OF SARATOGA STATEMENT OF REVENUES, EXPENDITURES AND CHANGE IN FUND BALANCE FOR THE YEAR ENDED JUNE 30, 2010 27 Other Total Capital Governmental Governmental General Improvement Funds Funds REVENUES: Property taxes 8,185,390$ -$ 186,006$ 8,371,396$ Special assessments 8,974 1,237,806 1,246,780 Sales taxes 954,574 - - 954,574 Other local taxes 560,040 - - 560,040 Licenses & permits 1,063,946 424,737 - 1,488,683 Fines & forfeiture 350,751 8,010 - 358,761 Intergovernmental - Federal - 430,387 - 430,387 Intergovernmental - State 323,837 934,083 - 1,257,920 Intergovernmental - Other 34,050 99,712 123,812 257,574 Franchise fees 1,663,657 - - 1,663,657 Use of money and property 541,305 41,640 12,385 595,330 Other revenue 1,558,525 221,897 13,423 1,793,845 Total revenues 15,245,049 2,160,466 1,573,432 18,978,947 EXPENDITURES: Current: General and intergovernmental services 3,102,397 - - 3,102,397 Public safety 4,348,778 - - 4,348,778 Public works 4,353,903 - 375,619 4,729,522 Community services 1,222,649 - - 1,222,649 Community development services 2,111,172 - - 2,111,172 Capital outlay - 2,578,501 5,458 2,583,959 Debt service: Principal - - 330,000 330,000 Interest and fiscal charges - - 685,276 685,276 Total expenditures 15,138,899 2,578,501 1,396,353 19,113,753 REVENUES OVER (UNDER) EXPENDITURES 106,150 (418,035) 177,079 (134,806) OTHER FINANCING SOURCES (USES): Transfers in 325,842 845,979 - 1,171,821 Transfers out (650,000) (232,983) (133,838) (1,016,821) Total other financing sources (uses)(324,158) 612,996 (133,838) 155,000 Net change in fund balances (218,008) 194,961 43,241 20,194 FUND BALANCES: Beginning of year 8,228,686 3,510,980 1,769,843 13,509,509 End of year 8,010,678$ 3,705,941$ 1,813,084$ 13,529,703$ The accompanying notes are an integral part of these financial statements. Major Funds 94 CITY OF SARATOGA RECONCILIATION OF THE GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE TO THE GOVERNMENT-WIDE STATEMENT OF ACTIVITIES AND CHANGES IN NET ASSETS FOR THE YEAR ENDED JUNE 30, 2010 28 Net Change in Fund Balances - Total Governmental Funds 20,194$ Amounts reported for governmental activities in the Statement of Activities and Changes in Net Assets were different because: Governmental Funds report capital outlay as expenditures. However, in the Government-Wide Statement of Activities and Changes in Net Assets, the cost of those assets was allocated over their estimated useful lives as depreciation expense. This is the amount of capital assets recorded in the current period.1,622,628 Depreciation expense on capital assets was reported in the Government-Wide Statement of Activities and Changes in Net Assets, but it did not require the use of current financial resources. Therefore, depreciation expense was not reported as expenditures in the Governmental Funds.(1,675,048) Internal service funds are used by management to charge the costs of office stores, vehicle and equipment maintenance and replacement, information services and replacement, building maintenance, risk management, and workers' compensation. The net revenue or (excess expenses) of the internal service funds is reported with government activities.(39,942) Certain revenues were recorded as deferred revenue in the governmental funds because they did not meet the revenue recognition criteria of availability. However, they were included as revenue in the Government-Wide Statement of Activities and Changes in Net Assets under the full accrual basis.3,334 Long-term compensated absences and claims payables were reported in the Government-Wide Statement of Activities and Changes in Net Assets, but they did not require the use of current financial resources. Therefore, long-term compensated absences and claims payable were not reported as expenditures in governmental funds. Compensated absences (109,253) Repayment of bond principal was an expenditure in governmental funds, but the repayment reduced long-term liabilities in the Government-Wide Statement of Net Assets. Long-term debt repayments 330,000 Interest expense on long-term debt was reported in the Government-Wide Statement of Activities and Changes in Net Assets, but it did not require the use of current financial resources. Therefore, interest expense was not reported as expenditures in governmental funds. The following amount represented the change in accrued interest from prior year.8,250 Change in Net Assets of Governmental Activities 160,163$ The accompanying notes are an integral part of these financial statements 95 CITY OF SARATOGA STATEMENT OF NET ASSETS PROPRIETARY FUNDS JUNE 30, 2010 29 Governmental Activities - Internal Service Funds ASSETS Current assets: Cash and investments 1,498,570$ Accounts receivable 5,378 Total current assets 1,503,948 Noncurrent assets: Capital assets: Machinery and equipment 714,059 Less: accumulated depreciation (422,520) Total capital assets (net of accumulated depreciation) 291,539 Total assets 1,795,487 LIABILITIES Liabilities: Current assets: Accounts payable 47,053 Accrued payroll 38,626 Other payables 54,601 Total current liabilities 140,280 NET ASSETS Investment in capital assets 291,539 Unrestricted 1,363,668 Total net assets 1,655,207$ The accompanying notes are an integral part of these financial statements 96 CITY OF SARATOGA STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS PROPRIETARY FUNDS FOR THE YEAR ENDED JUNE 30, 2010 30 Governmental Activities - Internal Service Funds Operating revenues: Charges for services 2,003,010$ Other operating revenues 54,618 Total operating revenues 2,057,628 Operating expenses: Cost of services 972,136 Administration 828,857 Depreciation 141,577 Total operating expenses 1,942,570 Operating income 115,058 Transfers out (155,000) Change in net assets (39,942) Total net assets - beginning 1,695,149 Total net assets - ending 1,655,207$ The accompanying notes are an integral part of these financial statements 97 CITY OF SARATOGA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR THE YEAR ENDED JUNE 30, 2010 31 Governmental Activities - Internal Service Funds Cash flows from operating activities: Receipts from customers and users 2,062,188$ Payments to suppliers (1,146,675) Payments to employees (703,438) Net cash provided (used) by operating activities 212,075 Cash flows from noncapital financing activities: Operating transfers out (155,000) Net cash used in nonoperating activities (155,000) Cash flows from capital activities: Acquisition of capital assets (12,345) Net cash provided for the acquisition of capital assets (12,345) Net increase in cash and cash equivalents 44,730 Cash and cash equivalents, beginning of year 1,453,840 Cash and cash equivalents, ending of year 1,498,570$ Reconciliation of operating income to net cash provided by operating activities: Operating income (loss) 115,058$ Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation 141,577 Change in operating assets and liabilities: Decrease in accounts receivables 4,560 Increase in accounts payable (31,658) Increase in claims payable (28,615) Decrease in accured payroll 11,153 Net cash provided (used) by operating activities 212,075$ 98 CITY OF SARATOGA STATEMENT OF FIDUCIARY NET ASSETS FIDUCIARY FUNDS JUNE 30, 2010 32 Agency Funds ASSETS Cash and investments 91,364$ Receivables: Accounts 18,352 Interest 126 Total assets 109,842$ LIABILITIES Deposits payable 109,842$ The accompanying notes are an integral part of these financial statements. 99 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 33 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The basic financial statements of the City of Saratoga, California, (the City) have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental agencies. The Governmental Accounting Standards Boards (GASB) is the accepted standard setting body for establishing governmental accounting and financial reporting principles. The more significant of the City's accounting policies are described below. A. Financial Reporting Entity The City was incorporated as a municipal corporation in 1956 under the general laws of the State of California, and had a population of 31,997 at June 30, 2010. The City is a largely residential community located in the foothills of the Santa Cruz Mountains. The City operated under the Council-Manager form of government, with five-elected Council members served by a full-time City Manager and staff. At June 30, 2010, the City's staff comprised 55 full-time and ten part-time employees, and numerous recreation seasonal employees who were responsible for the following City provided services:  Public Safety - The City provides round-the-clock police services under a contract with the County Sheriff's offices. Emergency management and Fire services are provided by special district. Code enforcement and inspection services are provided by one City employee.  Public Works/Maintenance - The City builds and maintains its parks, streets, curbs, gutters, and related public property with a force of 22 employees. Major projects may be contracted out to reduce costs.  Community Development - Zoning administration, plan checking and advance planning services are provided by 12 employees.  Culture, Recreation and Community Support services are provided by a total of ten employees.  General Government services are provided by a total of 12 employees. As required by GAAP, these basic financial statements present the City and its component units, entities for which the City is considered to be financially accountable. The City Council acts as the governing board. In addition, the City staff performs all administrative and accounting functions for these entities and these entities provide their services entirely to the City. Blended component units, although legally separate entities are, in substance, part of the City's operations and data from these units are combined with data of the City. Discretely presented component units, on the other hand, are reported in a separate column in the government-wide financial statements to emphasize their legal separateness from the City. Each blended component unit has a June 30 year-end. The City had no discretely presented component units. 100 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 34 The following entity is reported as blended component unit: Lighting and Landscaping Assessment District - The Lighting and Landscaping Assessment District (the District) was established in 1980, for the levy and the collection of assessments upon the several lots or parcels of land in the District, and for the construction or installation of improvements, including maintenance. The District is reported as a blended component unit of the City because it has the same Governing Board as the City. The activity for the District has been included in the accompanying basic financial statements and no separate financial statements are issued. B. Basis of Accounting and Measurement Focus The accounts of the City are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Government-Wide Financial Statements The City's government-wide financial statements include a Statement of Net Assets and a Statement of Activities and Changes in Net Assets. These statements present summaries of governmental activities for the City. Fiduciary activities of the City are not included in these statements. These statements are presented on an "economic resources" measurement focus and the accrual basis of accounting. Accordingly, all of the City's assets and liabilities, including capital assets, as well as infrastructure assets, and long-term liabilities, are included in the accompanying Statement of Net Assets. The Statement of Activities presents changes in net assets. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned while expenses are recognized in the period in which the liability is incurred. Certain types of transactions are reported as program revenues for the City in three categories:  Charges for services  Operating grants and contributions  Capital grants and contributions Certain eliminations have been made as prescribed by GASB Statement No. 34 in regards to interfund activities, payables, and receivables. All internal balances in the Statement of Net Assets have been eliminated. The following interfund activities have been eliminated:  Transfers in/Transfers out Governmental Fund Financial Statements Governmental fund financial statements include a Balance Sheet and a Statement of Revenues, Expenditures and Changes in Fund Balances for all major governmental funds and non-major funds aggregated. An accompanying schedule is presented to reconcile and explain the differences in net assets as presented in these statements to the net assets presented in the government-wide financial statements. 101 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 35 The City has presented all major funds that met the applicable criteria. The following funds are major funds: General Fund The General Fund is used to account for all of the general resources of the City not specifically levied or collected for other City funds and the related expenditures. The General Fund accounts for all financial resources of the City which are not accounted for in another fund. Capital Improvement Capital Projects Fund This fund accounts for resources used for the major capital acquisition and construction activities. All governmental funds are accounted for on a spending or "current financial resources" measurement focus and the modified accrual basis of accounting. Accordingly, only current assets and current liabilities are included on the balance sheets. The Statement of Revenues, Expenditures and Changes in Fund Balances present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Under the modified accrual basis of accounting, revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures of the current period. Accordingly, revenues are recorded when received in cash, except that revenues subject to accrual (up to 60 days after year-end) are recognized when due. The primary revenue sources, which have been treated as susceptible to accrual by the City, are property tax, sales tax, special assessments, intergovernmental revenues, other taxes, interest revenue, rental revenue and certain charges for services. Fines, forfeitures, licenses and permits and parking meter revenues are not susceptible to accrual because they are usually not measurable until received in cash. Expenditures are recorded in the accounting period in which the related fund liability is incurred. Deferred revenues arise when potential revenues do not meet both the "measurable" and "available" criteria for recognition in the current period. Deferred revenues also arise when the government receives resources before it has a legal claim to them, as when grant monies are received prior to incurring qualifying expenditures. In subsequent periods when both revenue recognition criteria are met or when the government has a legal claim to the resources, the deferred revenue is removed from the combined balance sheet and revenue is recognized. Reconciliation of the Fund Financial Statements to the Government-Wide Financial Statements is provided to explain the differences created by the integrated approach of GASB Statement No. 34. Proprietary Funds The City’s internal service funds are proprietary funds. In the fund financial statements, proprietary funds are presented using the accrual basis of accounting. Revenues are recognized when they are earned and expenses are recognized when the related goods or services are delivered. In the fund financial statements, proprietary funds are presented using the “economic resources measurement focus”. This means all assets and liabilities (whether current or noncurrent) associated with their activities are included on their balance sheets. Proprietary fund type operating statements present increases (revenues) and decreases (expenses) in total net assets. 102 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 36 Proprietary fund operating revenues, such as charges for services, result from exchange transactions associated with principal activity of the fund. Exchange transactions are those in which each party receives and gives up essentially equal value. Non-operating revenues, such as subsidies, taxes, and investment earnings result from nonexchange transactions or ancillary activities. Amounts paid to acquire capital assets are capitalized as assets in the internal service funds financial statements. Internal service funds account for charges to City departments for services provided, on a cost reimbursement basis, in the following areas: general liability, workers’ compensation, office stores, information technology services, vehicle maintenance, building maintenance, equipment replacement, and information technology replacement. Fiduciary Fund Financial Statements Fiduciary fund financial statements include a Statement of Net Assets. The City's fiduciary funds represent agency funds. Agency funds do not have a measurement focus, although they do have a basis of accounting. An accrual basis of accounting is used to record the financial transactions. Agency funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. The activity reported in the City’s fiduciary fund is for the support of the Saratoga Community Access Television, a non-profit organization responsible for operating the Public, Educational, and Government Access channels for the community of Saratoga. C. Cash, Cash Equivalents and Investments The City pools its available cash for investment purposes. The City's cash and cash equivalents are considered to be cash on hand, demand deposits, and short-term investments with original maturity of three months or less from the date of acquisition. Cash and cash equivalents are combined with investments and displayed as Cash and Investments. Deposit and Investment Risk Disclosures - In accordance with GASB Statement No. 40, Deposit and Investment Disclosures (Amendment of GASB Statement No. 3), certain disclosure requirements, if applicable, for Deposits and Investment Risks in the following areas:  Interest Rate Risk  Credit Risk o Overall o Custodial Credit Risk o Concentrations of Credit Risk  Foreign Currency Risk Other disclosures are specified including use of certain methods to present deposits and investments, highly sensitive investments, credit quality at year-end and other disclosures. The City participates in an investment pool managed by the State of California titled Local Agency Investment Fund (LAIF), which has invested a portion of the pool funds in Structured Notes and Asset Backed Securities. LAIF's investments are subject to credit risk with the full faith and credit of the State of California collateralizing these investments. In addition, these Structured Notes and Asset-Backed Securities are subject to market risk as to change in interest rates. 103 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 37 D. Interfund Transactions Interfund services provided and used are accounted for as revenue, expenditures or expenses, as appropriate. Transactions that constitute reimbursements to a fund for expenditures/expenses initially made from it that are properly applicable to another fund are recorded as expenditures/expenses in the reimbursed fund. All other interfund transactions, except for interfund services provided and used and reimbursements, are reported as transfers. Nonrecurring or nonroutine permanent transfers of equity are reported as residual equity transfers. All other interfund transfers are reported as transfers. E. Capital Assets Capital assets, which include land, buildings, improvements, furniture, equipment and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), were reported in the applicable governmental activities in the government-wide financial statements. Capital assets were recorded at historical cost or estimated historical cost if actual cost was not available. Donated assets were valued at their fair market value on the date of donation. City policy has set the capitalization threshold for reporting capital assets at $10,000. The City has chosen the Modified Approach for reporting the streets subsystem of infrastructure capital assets. Depreciation is recorded on a straight-line basis over the useful lives of the assets as follows: Buildings and structures 40 Years Machinery and equipment 5 to 10 Years Infrastructure 15 to 50 Years In June 1999, GASB issued Statement No. 34 Basic Financial Statements – and Management’s Discussion and Analysis – for State and Local Governments which requires the inclusion of infrastructure capital assets in local governments' basic financial statements. In accordance with Statement No. 34, the City has included the value of all infrastructure in its basic financial statements. The City defines infrastructure as the basic physical assets that allow the City to function, which includes the street system, park and recreation lands and improvements system; storm water conveyance and drainage system, buildings combined with site amenities such as parking and landscaping areas used by the City in the conduct of its business. Each major infrastructure system can be divided into subsystems. For example the street system can be subdivided into pavement, curb and gutters, sidewalks, medians, streetlights, traffic control devices (signs, signals and pavement markings), landscaping and land. These subsystems were not delineated in the basic financial statements. The appropriate operating department maintains information regarding the subsystems. The City elected to use the Modified Approach as defined by GASB Statement No. 34 for infrastructure reporting of its streets, concrete and asphalt pavements. The City commissioned a physical assessment of the streets condition as of June 30, 2007. This condition assessment is to be performed approximately every 3 years. The next condition assessment is scheduled for September 2010. A Pavement Condition Index (PCI) was assigned to each street segment. The index is expressed in a continuous scale from 0 to 100, where 0 is assigned to the least acceptable physical condition and 100 is assigned to segments of street that have the physical characteristics of a new street. 104 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 38 The following conditions were defined: Condition Rating Excellent 80 - 100 Very Good 70 - 79 Good 50 - 69 Poor 25 - 49 Very Poor 0 - 24 The City's policy relative to maintaining the street assets is to achieve an average rating of 70 for all street segments. This acceptable rating allows minor cracking and raveling of the pavement along with minor roughness that could be noticeable to drivers traveling at the posted speeds. For all other infrastructure systems, the City elected to use the Basic Approach as defined by GASB Statement No. 34 for infrastructure reporting. The City commissioned an appraisal of City owned infrastructure and property as of June 30, 2001, and will complete an internal update in January, 2011. This appraisal determined the original cost, which is defined as the actual cost to acquire new property in accordance with market prices at the time of first construction/acquisition. Original costs were developed in one of three ways: 1) historical records; 2) standard unit costs appropriate for the construction/acquisition date; or 3) present cost indexed by a reciprocal factor of the price increase from the construction/acquisition date to the current date. The accumulated depreciation, defined as the total depreciation from the date of construction/acquisition to the current date on a straight line, unrecovered cost method was computed using industry accepted life expectancies for each infrastructure subsystem. The book value was then computed by deducting the accumulated depreciation from the original cost. F. Interest Payable In the government-wide financial statements, interest payable of long-term debt is recognized as an incurred liability for governmental fund types. The City has not allocated the interest on long-term debt to departments. In the fund financial statements, governmental fund types do not recognize the interest payable when the liability is incurred. Interest on long-term debt is recorded in the fund statements when payment is made. G. Claims Payable The City records a liability to reflect an actuarial estimate of ultimate uninsured losses for both general liability claims (including property damage claims) and workers' compensation claims. The estimated liability for workers' compensation claims and general liability claims includes "incurred but not reported" (IBNR) claims. There is no fixed payment schedule to pay these liabilities. H. Compensated Absences In the government-wide financial statements, compensated absences are recorded as incurred and the related expenses and liabilities are reported. In the fund financial statements, compensated absences are recorded as expenditures in the years paid, as it is the City's policy to liquidate any unpaid compensated absences at June 30 from future resources, 105 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 39 rather than currently available financial resources. Only the amounts which become due at June 30 are reported in the fund financials statements as a liability. I. Long- Term Obligations In the government-wide financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities. Bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financial sources. Premiums received on debt issuance are reported as other financing sources while discounts on debt issuance reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. J. Fund Balances In the fund financial statements, governmental funds report both reserved and unreserved fund balances. Reserved fund balances are reservations of fund balances for amounts that are not available for appropriation, or are legally restricted by outside parties for use for a specific purpose. Unreserved fund balances are comprised of both designated and undesignated fund balances. Designations represent funds identified by Council for an intended use, but are not legally obligated. Undesignated fund balance represents funds available to offset budgetary shortfalls or provide for unanticipated uses during the year. City Council has designated an amount for “Operations Reserve” to provide working capital cash flow. This designation was established at $2,000,000 on July 1, 1999, to be increased annually by an amount equal to the interest the City earned on an equivalent amount of cash and investments. As of June 30, 2010 this fund balance has grown to $2,889,077. City Council has designated $1,500,000 for an “Economic Uncertainty” reserve. This amount provides funding for emergency uses and economic downturns. The Environmental Services reserve, collected from surcharges on garbage bills is designated specifically for use as supplemental funding of Environmental Services program fees for household hazardous waste fees, storm drain, street sweeping, and other pollution mitigation expenses related to integrated waste programs and storm water management. The Development Services reserve is designated supplemental funding for community development services that includes zoning administration, inspection services, and development regulation programs during periods where expenditures exceed revenues. The Uncollected Deposits reserve is designated funding to offset development applicant deposits with outstanding balances owed to the City. 106 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 40 The Carryforward reserve designation represents prior-year funding held over for one-time operational activities that were not completed by year-end, or to carryforward prior-year funding for specific activities as directed by Council. The Grant Matching/Capital Improvement reserve designation represents funding set aside for use as the matching funds required for grant based capital improvement projects. The Hillside Stability reserve designation is funding for use as needed in hillside or landslide repairs or mitigation projects. K. Net Assets In the government-wide financial statements, net assets are classified in the following categories:  Invested in Capital Assets, Net of Related Debt - This amount consists of capital assets net of accumulated depreciation and reduced by outstanding debt that attributed to the acquisition, construction, or improvement of the assets.  Restricted Net Assets - This amount is restricted by external creditors, grantors, contributors, or laws or regulations of other governments.  Unrestricted Net Assets - This amount is all net assets that do not meet the definition of "invested in capital assets, net of related debt" or "restricted net assets." L. Use of Restricted/Unrestricted Net Assets When an expense is incurred for purposes for which both restricted and unrestricted net assets are available, the City's policy is to apply restricted net assets first. M. Property Tax and Special Assessments County tax assessments included secured and unsecured property taxes, and special assessments. "Unsecured" refers to taxes on personal property. These tax assessments are secured by liens on the property being taxed. Revenue is recognized in the period for which the tax and assessment is levied. The County of Santa Clara levies, bills and collects property taxes for the City, the County remits the entire amount levied and handles all delinquencies, retaining interest and penalties. Secured and unsecured property taxes are levied on January 1. Secured property tax is due in two installments on November 1 and February 1, and becomes a lien on those dates. It becomes delinquent on December 10 and April 10, respectively. Unsecured property tax is due on July 1 and becomes delinquent on August 31. 107 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 41 N. Use of Estimates The preparation of basic financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. O. Subsequent Events Management has considered subsequent events through November 8, 2010, the date which the financial statements were available to be issued. P. New GASB Pronouncements GASB Statement No. 51 - In June 2008, GASB issued Statement No. 51, Accounting and Financial Reporting for Intangible Assets. This Statement establishes accounting and financial reporting standards for many different types of assets that may be considered intangible assets, including easements, water rights, timber rights, patents, trademarks, and computer software. The City has no intangibles to which the statement applies. GASB Statement No. 53 - In June 2008, GASB issued Statement No. 53, Accounting and Financial Reporting for Derivative Instruments. This Statement addresses the recognition, measurement, and disclosure of information regarding derivative instruments entered into by State and local governments. This Statement is not effective until June 30, 2010. The City has no derivative investments to which the statement applies. GASB Statement No. 54 - In March, 2009, GASB issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definition. The objective of this Statement is to enhance the usefulness of fund balance information by providing clearer fund balance classifications that can be more consistently applied and by clarifying the existing governmental fund type definitions. This Statement is not effective until June 30, 2011. The City has determined this Statement change will have no effect on the financial statements. GASB Statement No. 55 - In March, 2009, GASB issued Statement No. 55, The Hierarchy of Generally Accepted Accounting Principles for State and Local Governments. The objective of this Statement is to incorporate the hierarchy of generally accepted accounting principles (GAAP) for state and local governments into the Governmental Accounting Standard Board’s (GASB) authoritative literature. The City has determined this Statement change did not have an effect on the financial statements. GASB Statement No. 56 - In March, 2009, GASB issued Statement No. 56, Codification of Accounting and Financial Reporting Guidance Contained in the AICPA Statement of Auditing Standards. The object of this Statement is to incorporate into the Governmental Accounting Standard Board’s (GASB) authoritative literature certain accounting and financial reporting guidance presented in the American Institute of Certified Public Accounts’ Statement of Auditing Statements. The City has determined this Statement change did not have an effect on the financial statements. GASB Statement No. 57 – In December, 2009 GASB issued Statement No. 57, OPEB Measurement by Agent Employers and Agent Multiple-Employer Plans. The objective of this Statement is to address issues related to the use of the alternative measurement method and the frequency and timing of 108 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 42 measurements by employers that participate in agent multiple-employer benefit (OPEB) plans. The City has determined this Statement will not have an effect on the financial statements. GASB Statement No. 59 – In June 2010, GASB issued Statement No 59, Financial Instruments Omnibus. The objective of this Statement is to update and improve existing standards regarding financial reporting and disclosure requirements of certain financial instruments and external investment pools for which significant issues have been indentified in practice. This pronouncement is effective for periods beginning after June 15, 2010. The City does not believe there will be a significant financial statement effect related to this Statement. NOTE 2 - CASH AND INVESTMENTS The City maintains a cash and investment pool, which includes cash balances and authorized investments of all funds, which the City Treasurer invests to enhance interest earnings. The pooled interest earned is allocated to the funds based on average month-end cash and investment balances in these funds. The City has the following cash and investments at June 30, 2010: Statement of Net Assets Governmental Fiduciary Activities Fund Total Cash and investments 15,864,455$ 91,364$ 15,955,819$ The City's Cash and Investments at June 30, 2010, in more detail: Cash and cash equivalents: Petty cash 1,300$ Demand deposits 201,598 Total Cash and Cash Equivalents 202,898 Investments: Local Agency Investment Fund (LAIF) 15,752,921 Total Cash and Investments 15,955,819$ A. Cash Deposits The carrying amounts of the City's cash deposits were $201,598 at June 30, 2010. Bank balances before reconciling items were $710,867 at that date due to deposits in transit and outstanding checks. The total amount was collateralized or insured with securities held by the pledging financial institutions. The California Government Code requires California banks and savings and loan associations to secure the City's cash deposits by pledging securities as collateral. This Code states that collateral pledged in this manner shall have the effect of perfecting a security interest, and places the City ahead of general creditors of the institution. The market value of pledged securities must equal at least 110 percent of the City's cash deposits. California law also allows institutions to secure City deposits by pledging first trust deed mortgage notes that have a value of 150 percent of the City's total cash deposits. The City has waived the collateral 109 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 43 requirements for cash deposits which are fully insured to $250,000 by the Federal Deposit Insurance Corporation (FDIC). Demand deposits (non-interest bearing checking accounts) have unlimited insurance through the TAG Program. Other accounts are insured up to $250,000 per custodian within agency. The City follows the practice of pooling cash and investments of all funds, except for funds required to be held by fiscal agents under the provisions of bond indentures. Interest income from cash and investments with fiscal agents is credited directly to the related fund. B. Investments Under the provisions of the City's investment policy, and in accordance with California Government Code, the following investments are authorized:  Securities of the U.S. Government or its agencies.  Certificates of Deposit (or Time Deposits) placed with commercial banks and/or savings and loan companies.  Negotiable Certificates of Deposit.  California Local Agency Investment Fund.  Investment-grade obligations of State, local governments or public authorities.  Money market mutual funds.  Passbook savings account and demand deposits. The City is in compliance with GASB Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investments Pools which requires the City's investments be recorded at fair value instead of cost. Under GASB 31, the carrying value of investments are adjusted to reflect their fair value at each fiscal year-end, with the effects of these adjustments included in the carrying value of the investments. C. External Investment Pool The City's investments with LAIF at June 30, 2010, include a portion of the pool funds invested in Structured Notes and Asset-Backed Securities. These investments include the following:  Structured Notes - debt securities (other than asset-backed securities) whose cash flow characteristics (coupon rate, redemption amount, or stated maturity) depend upon one or more indices and/or that have embedded forwards or options.  Asset-Backed Securities - the bulk of which are mortgage-backed securities, entitle their purchasers to receive a share of the cash flows from a pool of assets such as principal and interest repayments from a pool of mortgages (such as CMO's) or credit card receivables. LAIF is overseen by the Local Agency Investment Advisory Board, which consists of five members, in accordance with State statute. As of June 30, 2010, the City had $15,752,921 invested in LAIF which had invested 14.71 percent of the pool investment funds in Structured Notes and Asset-Backed Securities. The LAIF fair value factor of 1.001643776 was used to calculate the fair value of the investments in LAIF. 110 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 44 D. Risk Disclosures Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the term of an investment’s maturity, the greater the sensitivity to changes in market interest rates. Although the City’s investment policy allows for a broad range of investment instruments with varying terms of maturity, investments are limited to the Local Agency Investment Fund (LAIF) which is managed by the State Treasurer Office and overseen by the Pooled Money Investment Board, the State Treasurer investment committee, and a Local Agency Advisory Board. Included in LAIF’s investment portfolio are U.S. Treasuries, Federal Agency obligations, time deposits, negotiable certificates of deposits, commercial paper, corporate bonds, and security loans. Funds are available for withdrawal on demand, and are recorded on an amortized cost basis. At June 30, 2010, these investments had a weighted average maturity of 203 days. The City had the following invested in LAIF: Investment Maturities in Years Fair Less Than Value One Year State of California - Local Agency Investment Fund (LAIF) 15,752,921$ 15,752,921$ Credit Risk As of June 30, 2010, the City's investments in external investment pools are unrated. The City only invests in LAIF, therefore has no other policy relating to the credit risk of investments. Custodial Credit Risk For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty, the City will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The City did not hold any securities held by an investment counterparty at the year ended June 30, 2010. NOTE 3 - LOANS RECEIVABLE The City had the following loans receivable as of June 30, 2010: Due Due Balance Balance Within More Than July 1, 2009 Additions Deletions June 30, 2010 One Year One Year Housing Rehabilitation Loan Program 85,003$ -$ (13,333)$ 71,670$ 13,333$ 58,337$ 111 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 45 The City administers a housing rehabilitation program called the Saratoga Housing Assistance and Rehabilitation Program (SHARP) using Housing and Community Development Act funds. Under the SHARP program, individuals with incomes below a certain level and corporations building rental housing for low and-moderate income tenants are eligible to receive low interest loans, secured by deeds of trust, for construction work on their properties. Federal funds received by the City are deposited with a commercial bank. Upon approval of loans, the bank disburses the funds, arranges for and collects repayments. In the Governmental Fund Financial Statements, these loans have been offset by deferred revenue as they are not expected to be repaid immediately. In the Government-Wide Financial Statements, the amount of deferred revenue was recognized as revenue. NOTE 4 – PROPERTY TAXES: PROPOSITION 1A STATE BORROWING Under the provision of Proposition 1A and as part of the 2009/10 budget package passed by the California state legislature on July 28, 2009, the State of California borrowed 8% of the amount of property tax revenue, including those property taxes associated with the in-lieu motor vehicle license fee, the triple flip in lieu sales tax, and supplemental property tax, apportioned to cities, counties, and special districts (excluding redevelopment agencies). The state is required to repay this borrowing plus interest by June 30, 2103. After repayment of this initial borrowing, the California legislature may consider only one additional borrowing within a ten-year period. The amount of this borrowing pertaining to the City of Saratoga was $674,777. Authorized with the 2009/10 State budget package, the Proposition 1A Securitization Program was instituted by the California Statewide Communities Development Authority (“California Communities”), a joint power authority sponsored by the California State Association of Counties and the League of California Cities, to enable local governments to sell their Proposition 1A receivables to California Communities. Under the Securitization Program, California Communities simultaneously purchased the Proposition 1A receivables and issued bonds (“Prop 1A Bonds”) to provide local agencies with cash proceeds in two equal installments, on January 15, 2010 and May 3, 2010. The purchase price paid to the local agencies equal 100% of the amount of the property tax reduction. All transaction costs of issuance and interest were paid by the State of California. Participating local agencies have no obligation on the bonds and no credit exposure to the State. The City participated in the securitization program and accordingly property taxes have been recorded in the same manner as if the State had not exercised its right under Proposition 1A. The receivable sale proceeds were equal to the book value and, as a result, no gain or loss was recorded. 112 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 46 NOTE 5 - FUND FINANCIAL STATEMENTS INTERFUND TRANSACTIONS Transfers In/Out Transfers for the year ended June 30, 2010 were as follows: Transfer in Transfer out Amount General Fund Community Development Block Grant 42,859$ Capital Improvement Fund 232,983 IT Equipment Replacement Fund 50,000 325,842 Capital Improvement Fund General Fund 650,000 Community Development Block Grant 90,574 IT Equipment Replacement Fund 105,000 Library Capital Improvement Fund 405 845,979 Total 1,171,821$ Of the transfers, $650,000 was transferred from the General Fund, $90,574 from the Community Development Block Grant Fund, $105,000 from the IT Equipment Replacement Fund, and $405 from the Library Capital Improvement Fund to fund various projects in the Capital Improvement Plan. A transfer of $106,000 from the Capital Improvement Fund went to the General Fund to reimburse administration and engineering staff services for the Gas Tax funded street program. Additionally, $126,983 was transferred from the Capital Improvement Fund back to the General Fund upon the closeout of two projects. A transfer from the Community Development Block Grant Fund to the General Fund was reimbursement for grants and administrative costs, and the IT Equipment Replacement Fund transferred $50,000 to the General Fund for budget relief. 113 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 47 NOTE 6 - CAPITAL ASSETS Capital assets activity for the year ended June 30, 2010, consisted of the following: Primary Government Balance Balance July 1, 2009 Additions Retirements Reclassifications June 30, 2010 Governmental activities: Capital assets, not being depreciated: Land and land improvements 10,585,106$ -$ -$ 2,398,972$ 12,984,078$ Construction in progress 6,595,346 1,808,376 (57,958) (3,902,404) 4,443,360 Infrastructure: Street pavement system 48,570,458 - - 585,161 49,155,619 Total capital assets, not being depreciated 65,750,910 1,808,376 (57,958) (918,271) 66,583,057 Capital assets, being depreciated: Buildings and structures 23,156,758 - - 256,005 23,412,763 Machinery and equipment - - Governmental funds 1,324,426 - (127,790) 371,149 1,567,785 Internal service funds 701,714 12,345 - - 714,059 Infrastructure:- - Bridges 1,563,654 - - - 1,563,654 Signs and lights 1,820,585 - - - 1,820,585 Drainage system 39,912,821 - - - 39,912,821 Sidewalks 11,681,711 - - 291,117 11,972,828 Total capital assets, being depreciated 80,161,669 12,345 (127,790) 918,271 80,964,495 Accumulated depreciation: Buildings and structures (4,894,979) (576,134) - - (5,471,113) Machinery and equipment Governmental funds (1,274,551) (32,197) 127,790 - (1,178,958) Internal service funds (280,943) (141,577) - - (422,520) Infrastructure: Bridges (945,168) (28,034) - - (973,202) Signs and lights (723,540) (68,565) - - (792,105) Drainage system (11,531,047) (798,256) - - (12,329,303) Sidewalks (4,159,835) (299,652) - - (4,459,487) Total accumulated depreciation (23,810,063) (1,944,415) 127,790 - (25,626,688) Total capital assets, being depreciated, net 56,351,606 (1,932,070) - 918,271 55,337,807 Governmental activities capital assets, net 122,102,516$ (123,694)$ (57,958)$ -$ 121,920,864$ Depreciation expense, including the amount related to the internal service funds, was charged in the following functions in the Statement of Activities: General Government 1,182,170$ Public Works 606,544 Community Services 13,577 Community Development 547 Internal Service Funds 141,577 Total Depreciation Expense 1,944,415$ 114 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 48 In accordance with GASB Statement No. 34, the City has reported all capital assets including infrastructure in the Government-Wide Statement of Net Assets. The City elected to use the "Modified Approach" as defined by GASB Statement No. 34 for infrastructure reporting for its pavement system. As a result, no accumulated depreciation or depreciation expense has been recorded for this system. A more detailed discussion of the "Modified Approach" is presented in the Required Supplementary Information section of this report. All other capital assets including other infrastructure systems were reported using the Basic Approach whereby accumulated depreciation and depreciation expense have been recorded. NOTE 7 – LONG-TERM OBLIGATIONS A summary of the City's long-term obligations transactions for the year ended June 30, 2010, is presented below: Classification Balance Balance Due Within Due In More Description July 1, 2009 Additions Retirements June 30, 2010 One Year Than One Year General Obligation Bonds: 2001 Library Bonds 13,285,000$ -$ (330,000)$ 12,955,000$ 350,000$ 12,605,000$ Compensated absences 584,415 531,322 (422,069) 693,668 391,822 301,846 Total 13,869,415$ 531,322$ (752,069)$ 13,648,668$ 741,822$ 12,906,846$ General Obligation 2001 Library Bonds - Original Issue $15,000,000 On May 1, 2001, the City issued General Obligation Bonds Series 2001 in the amount of $15,000,000. The proceeds of the bonds were used to improve, renovate, and expand the Saratoga Community Library. The bonds are payable from and secured by certain property taxes within the City. Interest on the bonds ranges from 5 percent to 6 percent and is payable on February 1 and August 1 of each year, commencing February 1, 2002. Principal is due annually beginning on August 1, 2002, in amounts ranging from $60,000 to $940,000. The bonds mature on August 1, 2031, and are subject to redemption prior to maturity. The bonds may be called for redemption at the option of the City at redemption prices from 101 percent beginning on or after August 1, 2010 and 100 percent of par on or after August 1, 2011. At June 30, 2010, the outstanding balance of the bonds was $12,955,000. 115 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 49 The annual debt service requirements on these bonds are as follows: Year Ended Principal Interest Total 2011 350,000$ 663,156$ 1,013,156$ 2012 370,000 641,556 1,011,556 2013 395,000 620,581 1,015,581 2014 415,000 600,331 1,015,331 2015 435,000 579,081 1,014,081 2016-2020 2,350,000 2,555,031 4,905,031 2021-2025 2,970,000 1,887,966 4,857,966 2026-2030 3,840,000 1,005,113 4,845,113 2031-2032 1,830,000 97,388 1,927,388 Total 12,955,000$ 8,650,203$ 21,605,203$ Compensated Absences The City's liability for vested and unpaid compensated absences (accrued vacation and sick pay) has been accrued and amounts to $693,668 at June 30, 2010. The compensated absences liability will generally be liquidated through the General Fund. NOTE 8 - RISK MANAGEMENT The City participates in the following public entity risk pools: ABAG Plan Corporation (ABAG PLAN) covers general liability claims up to a limit of $5 million and purchases an additional $15 million of excess insurance coverage, for a total of $20 million per occurrence limit. The City has a deductible or uninsured liability of up to $25,000 per claim. Once the City's deductible is met, ABAG PLAN becomes responsible for payment of all claims up to the limit. During the fiscal year ended June 30, 2010, the City contributed $184,614 for current year coverage and received no refund of prior year excess contributions. The ABAG Workers' Compensation Pool Insurance Authority (ABAG POOL) covers workers' compensation coverage up to $250,000 and excess coverage provides an employer liability limit of $5 million per occurrence, and workers’ compensation per occurrence limit to $100 million. The City has no deductible for these claims. During the fiscal year ended June 30, 2010, the City contributed $182,575 for current year coverage. The City's contribution equals the ratio of the City's payroll to the total payrolls of all entities participating in the same layer of each program, in each program year. Actual surpluses or losses are shared according to a formula developed from overall loss costs and spread to member entities on a percentage basis after a retrospective rating. 116 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 50 There have been no significant reductions of insurance settlements that exceeded insurance coverage for the past three years. The workers’ compensation and general liability claims payable of $54,601 reported at June 30, 2010, are based on the requirements of GASB Statement No. 10, which requires that a liability for claims be reported if information prior to the issuance of the basic financial statements indicates that it is probable that a liability has been incurred at the date of the basic financial statements and the amount of the loss can be reasonably estimated. Changes in the claims payable amounts were as follows: Year Ended Year Ended June 30, 2010 June 30, 2009 Claims payable, beginning of year 83,216$ 59,908$ Fiscal year claims and changes in estimates 49,735 54,366 Claims payments (78,350) (31,058) Claims payable, end of year 54,601$ 83,216$ The General Fund has been used in the prior years to liquidate the liability for claims and judgments. Each risk pool is governed by a board consisting of representatives from member municipalities. The board controls the operations of each risk pool, including selection of management and approval of operating budgets, independent of any influence by member municipalities beyond their representation on the Board. The following represents summary audited financial information of ABAG Plan Corporation and the ABAG Workers’ Compensation Pool Insurance Authority for the fiscal year ended June 30, 2009 (most recent available): Plan Comp Shared Corporation Risk Pool Total Assets 48,715,107$ 3,431,189$ Total Liabilities 17,360,134 580,976 Net Assets 31,354,973$ 2,850,213$ Total Revenues 11,211,127$ 667,365$ Total Expenses 7,218,603 482,364 Net Increase in Net Assets 3,992,524$ 185,001$ Audited financial information for each risk pool may be obtained from ABAG at P.O. Box 2089, Oakland, California 94604-2089. 117 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 51 NOTE 9 - RETIREMENT PLANS Pension Plan Plan Description - The City contributes to the California Public Employees' Retirement System (CalPERS), a cost-sharing multiple-employer defined benefit plan. CalPERS provide retirement and disability benefits, annual cost-of-living adjustments, and death benefits to plan members and beneficiaries. CalPERS act as a common investment and administrative agent for participating public entities within the State of California. Benefit provisions and all other requirements are established by State statute and City ordinance. Copies of CalPERS' annual financial report may be obtained from their Executive Office located at 400 P Street, Sacramento, California 95811. Funding Policy – The City employer is required to contribute an actuarially determined rate of annual covered payroll for its miscellaneous employees (11.652 percent for FY 2009/10). Active plan members are required by State statute to contribute 7 percent (7%) of their annual covered salary. The City employer contributes this required amount on behalf of City employees, which amounted to $339,339 for the year ended June 30, 2010. Annual Pension Cost - For fiscal year 2009/10, the City's annual pension cost was $564,855. The required contribution was determined as part of the June 30, 2007, actuarial valuation using the entry age normal actuarial cost method. The actuarial assumptions included (a) 7.75 percent (7.75%) investment rate of return (net of administrative expenses), (b) projected annual salary increases ranging from 3.25 percent to 14.45 percent for miscellaneous employees depending on age, service, and type of employment, and (c) 3.25 percent per year payroll growth adjustments. Both (a) and (b) included an inflation component of 3.00 percent. The actuarial value of CalPERS assets was determined using techniques that smooth the effects of short-term volatility in the market value of investments over a three- year period. CalPERS unfunded actuarial accrued liability (or surplus) is amortized as a level percentage of projected payroll on a closed basis. The amortization period at June 30, 2007, was 20 years for miscellaneous employees for prior and current service unfunded liability. THREE-YEAR ANNUAL PENSION COSTS TREND INFORMATION FOR CALPERS Annual Net Fiscal Pension Cost APC Pension Year (APC) Contributed Obligation 2008 538,526$ 100%-$ 2009 559,971 100%- 2010 564,855 100%- Required Supplementary Information In 2004, CalPERS established a risk pool for cities and other government entities that have less than 100 active members. Actuarial valuations are performed with other participants within the same risk pool. Stand alone information of the Schedule of the Funding Progress for the City is no longer available; therefore, the following information is the CalPERS Risk Pool Information for all entities within the pool (latest available information): 118 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 52 Entry Age Unfunded UAAL Normal Actuarial Liability (UAAL)Annual as a Valuation Accrued Value (Excess Funded Covered Percentage Date Liability of Assets Assets) Status Payroll of Payroll 6/30/2006 2,754,396,608$ 2,492,226,176$ 262,170,432$ 90.5% 699,897,835$ 37.5% 6/30/2007 2,611,746,790 2,391,434,447 220,312,343 91.6% 655,522,859 33.6% 6/30/2008 2,780,280,768 2,547,323,278 232,957,490 91.6% 688,606,681 33.8% NOTE 10 - NET ASSETS / FUND BALANCES A. Investment in Capital Assets, Net of Related Debt As of June 30, 2010, the investment in capital assets, net of related debt consisted of the following: Capital Assets, Net 121,920,864$ 2001 General Obligation Library Bonds (12,955,000) Investment in Capital Assets, Net of Related Debt 108,965,864$ B. Restricted Net Assets As of June 30, 2010, the restricted net assets consisted of the following: Capital Debt Special Projects Service Projects Total Restricted Net Assets 4,057,300$ 892,593$ 569,132$ 5,519,025$ Restricted For NOTE 11 - JOINT POWERS AGREEMENTS The City is a member of the Santa Clara County Traffic Authority (Traffic Authority), which consists of various cities in the San Francisco Bay area. The Traffic Authority was formed in 1985, by a joint exercise of powers agreement between the County of Santa Clara and the cities of Santa Clara County for the purpose of financing highway capital improvements within the County to serve transportation needs. Financial statements may be obtained from the Traffic Authority at 1754 Technology Drive, Suite 224, San Jose, California 95110. The City is also a member of other Joint Powers Authorities (JPA) but has had no material transactions with them. These JPA's are governed by boards consisting of representatives from their members. The boards control the operations of each JPA, including selection of management and approval of operating budgets, independent of any influence by its members beyond their representation on the board. 119 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 53 NOTE 12 - EXCESS EXPENDITURES OVER APPROPRIATIONS There were no excess of expenditures over appropriations in individual funds during fiscal year 2009/10. NOTE 13 - COMMITMENTS AND CONTINGENCIES A. Lawsuits The City is presently involved in certain matters of litigation that have arisen in the normal course of conducting City business. City management believes, based upon consultation with the City Attorney, that these cases, in the aggregate, are not expected to result in a material adverse financial impact on the City. Additionally, City management believes that the City's insurance programs are sufficient to cover any potential losses should an unfavorable outcome materialize. B. Federal and State Grant Programs The City participates in Federal and State grant programs. These programs are audited by the City's independent accountants in accordance with the provisions of the Federal Single Audit Act Amendments of 1996 and applicable State requirements. For Federal programs, the City reached the level of qualifying cost during the current fiscal year so a single audit was required. Expenditures which may be disallowed, if any, by the granting agencies, cannot be determined at this time. The City expects such amounts, if any, to be immaterial. 120 CITY OF SARATOGA NOTES TO FINANCIAL STATEMENTS JUNE 30, 2010 54 C. Commitments The City had several outstanding contracts or planned construction projects as of June 30, 2010. These projects are evidenced by contractual commitments with contractors and include: Original Commitment Vendor commitment Remaining Fehr & Peers 40,000$ 29,846$ Cotton Shires & Associates 1,011 1,011 O' Grady Paving 751,768 497,156 Labor Consultants 7,000 7,000 BFK Engineers 498,238 426,363 David Gates & Associates 14,092 3,677 Testing Engineers 8,087 8,087 Metropolitan Planning Group 8,540 500 Maggiora Brothers Drilling 47,075 13,548 Steve Benzing Architect 5,250 2,647 Mark Thomas & Company 56,809 35,814 Guerra Construction 70,653 5,475 Hakone Foundation - New Visitor Center 250,000 250,000 1,758,523$ 1,281,124$ As of June 30, 2010, in the opinion of City management, there were no additional outstanding matters that would have a significant effect on the financial position of the funds of the City. 121 REQUIRED SUPPLEMENTARY INFORMATION 122 123 CITY OF SARATOGA REQUIRED SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED JUNE 30, 2010 57 NOTE 1 - BUDGETARY INFORMATION Through the budget, the City Council sets the direction of the City, allocates its resources and establishes its priorities. The Annual Operating and Capital Budgets assure the efficient and effective uses of the City's economic resources, as well as establishing that the highest priority objectives are accomplished. The annual budgets are adopted for the period of July 1 to June 30, and prepared to accurately and openly communicate service and infrastructure priorities to the community, businesses, vendors, employees, and other public agencies. The Annual Operating Budget is developed on a program basis for all funds with fund level authority. It establishes the foundation of effective financial planning by providing resource planning, performance measures and controls that permit the evaluation and adjustment of the City's performance. The City adopts an annual budget for the capital projects as part of adopting the five-year Capital Improvement Plan. The annual capital budget is adopted on a project-by-project basis. The City follows these procedures in establishing the budgetary data reflected in the basic financial statements: a. The City Manager submits to the City Council a proposed operating budget for the fiscal year commencing the following July 1. The operating and capital budgets include proposed expenditures and the means of financing them. b. Public hearings are conducted to obtain taxpayer comments. c. The budgets are legally enacted through the passage of a resolution. d. For the Operating Budget, the City Manager may authorize transfers of budget amounts within a fund. However, any revisions that increase the total budgeted expenditures of any fund must be approved by the City Council. Expenditures may not legally exceed budgeted appropriations at the fund level without City Council approval. e. As Capital Projects are adopted on a project basis, the City Council must approve increases or decreases of budgeted amounts or changes in project scope. Upon project completion, immaterial amounts are transferred to ongoing maintenance projects within the capital program. If remaining project funds are material, the project balance is brought back to Council for approval to transfer. f. Formal budgetary integration in the form of legally adopted budgets is employed as a management control device for all funds. Budgets are adopted on a basis consistent with generally accepted accounting principles. Budgeted expenditures reported are as amended by supplemental appropriations of the City Council. Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration in the General, Special Revenue, Internal Service, and Capital funds. Unexpended and unencumbered appropriations automatically lapse at the end of the fiscal year. 124 CITY OF SARATOGA REQUIRED SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED JUNE 30, 2010 58 The following is the budget comparison schedules for General Fund. Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES: Property taxes 8,169,500$ 8,169,500$ 8,185,390$ 15,890$ Special assessments 6,000 6,000 8,974 2,974 Sales taxes 935,000 910,000 954,574 44,574 Other local taxes 655,000 630,000 560,040 (69,960) Licenses & permits 1,271,400 1,031,400 1,063,946 32,546 Fines & forfeitures 285,000 285,000 350,751 65,751 Intergovermental - state 285,000 245,000 323,837 78,837 Intergovermental - other 23,500 23,500 34,050 10,550 Franchise fees 1,675,000 1,675,000 1,663,657 (11,343) Use of money & property 684,342 534,342 541,305 6,963 Other revenue 1,756,881 1,606,881 1,558,525 (48,356) Total revenues 15,746,623 15,116,623 15,245,049 128,426 EXPENDITURES: Current: General and intergovernmental services 3,495,806 3,276,989 3,102,397 174,592 Public safety 4,345,915 4,345,234 4,348,778 (3,544) Public works 4,511,348 4,324,168 4,353,903 (29,735) Community services 1,277,906 1,248,694 1,222,649 26,045 Community development services 2,185,603 2,143,460 2,111,172 32,288 Total expenditures 15,816,578 15,338,545 15,138,899 199,646 REVENUES OVER (UNDER) EXPENDITURES (69,955) (221,922) 106,150 328,072 OTHER FINANCING SOURCES (USES): Transfers in 153,732 325,842 325,842 - Transfers out (253,500) (650,000) (650,000) - Total other financing sources (uses)(99,768) (324,158) (324,158) - Net change in fund balances (169,723)$ (546,080)$ (218,008) 328,072$ FUND BALANCES: Beginning of year 8,228,686 End of year 8,010,678$ 125 CITY OF SARATOGA REQUIRED SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED JUNE 30, 2010 59 NOTE 2 - MODIFIED APPROACH FOR CITY STREETS INFRASTRUCTURE CAPITAL ASSETS In accordance with GASB Statement No. 34, the City is required to account for and report infrastructure capital assets. The City defines infrastructure as the basic physical assets that allow the City to function and those resources utilized primarily by the public which provide future economic benefits for a minimum of two years. Infrastructure can be defined as assets that are immovable and of value only to the government. Major infrastructure includes the street system, park and recreation lands and improvements; storm water conveyance and drainage systems, and buildings combined with site amenities such as parking and landscaping areas used by the City in the conduct of its business. Each major infrastructure system can be divided into subsystems. For example, the street system can be divided into concrete and asphalt pavements, concrete curb and gutters, sidewalks, medians, streetlights, traffic control devices (signs, signals and pavement markings), landscaping and land. Subsystem detail is not presented in these basic financial statements; however, the City maintains detailed information on these subsystems. The City has elected to use the "Modified Approach" as defined by GASB Statement No. 34 for infrastructure reporting for its Streets Pavement System. Under GASB Statement No. 34, eligible infrastructure capital assets are not required to be depreciated under the following requirements:  The City manages the eligible infrastructure capital assets using an asset management system with characteristics of (1) an up-to-date inventory; (2) perform condition assessments and summarize the results using a measurement scale; and (3) estimate annual amount to maintain and preserve at the established condition assessment level.  The City documents that the eligible infrastructure capital assets are being preserved approximately at or above the established and disclosed condition assessment level. The City commissioned a physical assessment of the streets conditions as of June 30, 2007. The study assists the City by providing current inspection data used to evaluate current pavement condition. This helps to maintain a City-defined desirable level of pavement performance while optimizing the expenditure of limited fiscal resources. The entire pavement network within the City is composed of approximately 140 centerline miles of paved surfaces. The City’s road system can be grouped by function class and includes 23.4 centerline miles of arterial, 23.3 centerline miles of collector, and 93.3 miles as residential. A visual survey of all pavement segments was conducted to assess the existing surface condition of each of the individual pavement segments. Upon completion of the study, a Pavement Condition Index (PCI) was calculated for each segment in the City's pavement network to reflect the overall pavement condition. Rating between 0 and 100, a PCI of 0 would correspond to a badly deteriorated pavement with virtually no remaining life. A PCI of 100 would correspond to a pavement with proper engineering design and construction at the beginning of its life cycle. The next assessment study is contracted for September, 2010. 126 CITY OF SARATOGA REQUIRED SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED JUNE 30, 2010 60 The following conditions were defined: Condition Rating Excellent 80 - 100 Very Good 70 - 79 Good 50 - 69 Poor 25 - 49 Very Poor 0 - 24 The City's policy is to achieve an average rating of 70 for all streets, which is a very good rating. This rating allows minor cracking and raveling of the pavement along with minor roughness that could be noticeable to drivers traveling at the posted speeds. As of June 30, 2010, the City's street system was rated at a PCI index of 70 on the average with the detail condition as follows: Percent of Condition Streets Excellent to Good 86% Poor 13% Very Poor 1% The City expended $771,386 on street maintenance for the year ended June 30, 2010. These routine maintenance expenditures delayed deterioration. The budget required to maintain and improve the current level of overall condition through the year 2011 is a minimum of $6,000,000. (Approximately $2,000,000 projected budget each year for the years ending June 30, 2010 and 2011.) A schedule of estimated annual amount calculated to maintain and preserve its streets at the current level compared to actual expenditures for street maintenance for the last nine years is presented below: Funded By Fiscal Actual Other Gas Tax Total PCI Year Budget Expenditures Sources Fund Funded Index 2000-01 2,520,255$ 801,160$ 205,309$ 595,851$ 801,160$ - 2001-02 3,529,420 2,214,717 1,631,855 582,862 2,214,717 - 2002-03 2,207,922 1,553,674 974,514 579,160 1,553,674 - 2003-04 1,961,844 1,489,667 907,327 582,340 1,489,667 70 2004-05 1,800,000 2,609,648 1,478,216 1,131,432 2,609,648 70 2005-06 1,156,547 1,030,382 353,652 676,730 1,030,382 70 2006-07 2,026,404 1,156,889 19,899 970,818 990,717 70 2007-08 2,246,152 1,691,466 1,252,709 438,757 1,691,466 70 2008-09 2,680,504 1,574,485 1,148,650 425,835 1,574,485 70 2009-10 1,811,130 771,386 575,710 195,676 771,386 70 As of June 2010, approximately 40 percent of the City's streets were rated below the average standard of 70. The City will continue to rehabilitate these segments of the streets. Total deficiencies (deferred maintenance) identified in the Pavement Management System Report at the end of a five-year period (2007-2011) amounted to approximately $11,600,000 for all streets and are expected to be rehabilitated with a minimum annual budget of $1,000,000. 127 SUPPLEMENTARY INFORMATION 128 129 61 NONMAJOR GOVERNMENTAL FUNDS Special Revenue Funds Lighting and Landscape Assessment District Funds – This combined fund accounts for revenues and expenditures associated with maintaining the 24 Landscape and Lighting districts throughout the city which were approved by consent of property owners living along or within the boundaries of the Districts. Community Development Block Grant - This fund accounts for grant funds received from the Federal Government for the purpose of assisting programs and building infrastructure for the development of viable urban communities and for the City's rehabilitation loan program. Debt Service Fund Library Bond - Santa Clara County general obligation bond tax revenues are accumulated in this fund to pay annual principal and interest payments on the voter approved 2001 Library Improvement Bond. Capital Projects Funds Library Expansion - This fund accounts for the remaining resources approved for use in the remodel and expansion of the City's library. 130 CITY OF SARATOGA COMBINING BALANCE SHEETS NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2010 62 Debt Service Lighting and Community Landscaping Development Assessment Block Library District Grant Bond ASSETS Cash and investments 459,919$ 128,550$ 890,341$ Receivables: Accounts 442 9,621 1,414 Interest 536 192 838 Loans - 71,670 - Total assets 460,897$ 210,033$ 892,593$ LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 20,507$ -$ -$ Deferred revenue - 81,291 - Total liabilities 20,507 81,291 - Fund Balances: Reserved for: Debt service - - 892,593 Unreserved, undesignated, reported in: Special revenue funds 440,390 128,742 - Capital projects funds - - - Total fund balances 440,390 128,742 892,593 Total liabilities and fund balances 460,897$ 210,033$ 892,593$ The accompanying notes are an integral part of these financial statements Special Revenue 131 63 Capital Projects Total Other Library Governmental Expansion Funds 352,141$ 1,830,951$ - 11,477 570 2,136 - 71,670 352,711$ 1,916,234$ 1,352$ 21,859$ - 81,291 1,352 103,150 - 892,593 - 569,132 351,359 351,359 351,359 1,813,084 352,711$ 1,916,234$ 132 CITY OF SARATOGA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE NONMAJOR GOVERNMENTAL FUNDS FOR THE YEAR ENDED JUNE 30, 2010 64 Debt Service Lighting and Community Landscaping Development Assessment Block Library District Grant Bond REVENUES: Property taxes 186,006$ -$ -$ Special assessment 266,609 - 971,197 Intergovernmental - Other - 123,812 - Use of money and property 3,388 858 5,311 Other revenue 90 13,333 - Total revenues 456,093 138,003 976,508 EXPENDITURES: Current: Public works 375,619 - - Capital outlay - - - Debt service: Principal - - 330,000 Interest and fiscal charges - - 685,276 Total expenditures 375,619 - 1,015,276 REVENUES OVER (UNDER) EXPENDITURES 80,474 138,003 (38,768) OTHER FINANCING (USES): Transfers out - (133,433) - Total other financing sources (uses)- (133,433) - Net change in fund balances 80,474 4,570 (38,768) FUND BALANCES: Beginning of year 359,916 124,172 931,361 End of year 440,390$ 128,742$ 892,593$ The accompanying notes are an integral part of these financial statements Special Revenue 133 65 Capital Projects Total Other Library Governmental Expansion Funds -$ 186,006$ - 1,237,806 - 123,812 2,828 12,385 - 13,423 2,828 1,573,432 - 375,619 5,458 5,458 - 330,000 - 685,276 5,458 1,396,353 (2,630) 177,079 (405) (133,838) (405) (133,838) (3,035) 43,241 354,394 1,769,843 351,359$ 1,813,084$ 134 CITY OF SARATOGA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT FOR THE YEAR ENDED JUNE 30, 2010 66 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES: Licenses & permits 303,903$ 303,903$ 424,737$ 120,834$ Fines & forfeitures - - 8,010 8,010 Intergovermental - federal 3,772,906 3,772,906 430,387 (3,342,519) Intergovermental - state 1,844,630 1,844,630 934,083 (910,547) Intergovermental - other 79,724 79,724 99,712 19,988 Use of money and property - - 41,640 41,640 Other revenue 359,940 411,940 221,897 (190,043) Total revenues 6,361,103 6,413,103 2,160,466 (4,252,637) EXPENDITURES: Capital outlay 10,340,221 10,572,313 2,578,501 7,993,812 Total expenditures 10,340,221 10,572,313 2,578,501 7,993,812 REVENUES OVER (UNDER) EXPENDITURES (3,979,118) (4,159,210) (418,035) 3,741,175 OTHER FINANCING SOURCES (USES): Transfers in 332,971 1,045,443 845,979 (199,464) Transfers out (106,000) (232,983) (232,983) - Total other financing sources (uses)226,971 812,460 612,996 (199,464) Net change in fund balances (3,752,147)$ (3,346,750)$ 194,961 3,541,711$ FUND BALANCES: Beginning of year 3,510,980 End of year 3,705,941$ 135 CITY OF SARATOGA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL LIGHTING & LANDSCAPING ASSESSMENT DISTRICT SPECIAL REVENUE FUND FOR THE YEAR ENDED JUNE 30, 2010 67 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES: Property taxes 158,467$ 158,467$ 186,006$ 27,539$ Special assessments 269,681 269,681 266,609 (3,072) Use of money and property 11,210 11,210 3,478 (7,732) Total revenues 439,358 439,358 456,093 16,735 EXPENDITURES: Current: Public works 526,560 536,060 375,619 160,441 Total expenditures 526,560 536,060 375,619 160,441 REVENUES OVER (UNDER) EXPENDITURES (87,202) (96,702) 80,474 177,176 Net change in fund balances (87,202)$ (96,702)$ 80,474 177,176$ FUND BALANCES: Beginning of year 359,916 End of year 440,390$ 136 CITY OF SARATOGA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT SPECIAL REVENUE FUND FOR THE YEAR ENDED JUNE 30, 2010 68 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES: Intergovernmental - Other 332,897$ 332,897$ 123,812$ (209,085)$ Use of money and property 3,000 3,000 858 (2,142) Other revenue - - 13,333 13,333 Total revenues 335,897 335,897 138,003 (197,894) OTHER FINANCING SOURCES (USES): Transfers in 13,000 - - - Transfers out (140,203) (332,897) (133,433) 199,464 Total other financing sources (uses)(127,203) (332,897) (133,433) 199,464 Net change in fund balances 208,694$ 3,000$ 4,570 1,570$ FUND BALANCES: Beginning of year 124,172 End of year 128,742$ 137 CITY OF SARATOGA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL LIBRARY BOND DEBT SERVICE FUND FOR THE YEAR ENDED JUNE 30, 2010 69 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES: Special assessments 950,000$ 950,000$ 971,197$ 21,197$ Use of money and property 10,000 10,000 5,311 (4,689) Total revenues 960,000 960,000 976,508 16,508 EXPENDITURES: Debt service: Principal 330,000 330,000 330,000 - Interest and fiscal charges 685,556 685,556 685,276 280 Total expenditures 1,015,556 1,015,556 1,015,276 280 REVENUES OVER (UNDER) EXPENDITURES (55,556) (55,556) (38,768) 16,788 Net change in fund balances (55,556)$ (55,556)$ (38,768) 16,788$ FUND BALANCES: Beginning of year 931,361 End of year 892,593$ 138 CITY OF SARATOGA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL LIBRARY EXPANSION CAPITAL PROJECTS FUND FOR THE YEAR ENDED JUNE 30, 2010 70 Variance with Final Budget Budgeted Amounts Actual Positive Original Final Amounts (Negative) REVENUES: Use of money and property 10,000$ 10,000$ 2,828$ (7,172)$ Total revenues 10,000 10,000 2,828 (7,172) EXPENDITURES: Current: Capital outlay 15,000 15,000 5,458 9,542 Total expenditures 15,000 15,000 5,458 9,542 REVENUES OVER (UNDER) EXPENDITURES (5,000) (5,000) (2,630) 2,370 OTHER FINANCING SOURCES (USES): Transfers out - (405) (405) - Total other financing sources (uses)- (405) (405) - Net change in fund balances (5,000)$ (5,405)$ (3,035) 2,370$ FUND BALANCES: Beginning of year 354,394 End of year 351,359$ 139 71 FIDUCIARY FUND FINANCIAL STATEMENTS Agency Funds Community Access Television Trust - This fund accounts for funds of the Saratoga Community Access Television (CATV) Trust Fund Foundation. 140 CITY OF SARATOGA STATEMENT OF CHANGES IN ASSETS AND LIABILITIES AGENCY FUND FOR THE YEAR ENDED JUNE 30, 2010 72 Balance Balance Cable T.V. Trust July 1, 2009 Additions Deductions June 30, 2010 ASSETS Cash and investments 69,769$ 69,060$ (47,465)$ 91,364$ Receivables: Accounts 14,573 18,352 (14,573) 18,352 Interest 261 126 (261) 126 Total assets 84,603$ 87,538$ (62,299)$ 109,842$ LIABILITIES Deposits payable 84,603$ 87,538$ (62,299)$ 109,842$ The accompanying notes are an integral part of these financial statements. 141 73 INTERNAL SERVICE FUNDS Liability/Risk Management Insurance Fund – Accounts for insurance premiums, self-insurance portion of claims, and administrative cost associated with settling claims. Charges made to operating departments are based on liability risk and claim occurrence history. Worker’s Compensation Self-insurance Fund – Accounts for insurance premiums, self insured portion of claims, and administrative costs associated with settling claims. Charges made to operating departments are based on liability risk and claim occurrence history. Office Stores Fund - Photocopy equipment, postage and bulk mail meter expenses are controlled at one source point and expended to the departments as goods or services are utilized. Information Technology Services Fund – Supports the delivery of technology based services and infrastructure, including desktop support, network systems, technology upgrades and initiatives, community systems, and associated information technology equipment. Vehicle & Equipment Maintenance Fund – Accounts for the cost of operating and maintaining automotive equipment used for service operations in various City departments. Building Maintenance Fund – Accounts for operating costs associated with building maintenance. Expenses include custodial supplies and services, maintenance and repair, utilities, and staffing costs. Vehicle & Equipment Replacement Fund – Established to accumulate funding for the replacement of vehicles and equipment. Replacement costs are charged to program over the asset’s life span, reflective of usage. Information Technology Equipment Replacement Fund – Established to accumulate funding for the replacement of information technology equipment. Replacement costs are charged to departments over the asset’s lifespan, reflective of usage. 142 CITY OF SARATOGA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF NET ASSETS JUNE 30, 2010 74 Liability / Risk Workers' Office Management Compensation Stores ASSETS Current assets: Cash and investments 298,431$ 197,763$ 27,432$ Accounts receivable 3,201 2,177 - Total current assets 301,632 199,940 27,432 Noncurrent assets: Capital assets: Machinery and equipment - - - Less: accumulated depreciation - - - Total capital assets (net of accumulated depreciation) - - - Total assets 301,632 199,940 27,432 LIABILITIES Liabilities: Current assets: Accounts payable 778 895 602 Accrued payroll 1,691 454 - Claims payable 54,601 - - Total current liabilities 57,070 1,349 602 NET ASSETS Investment in capital assets - - - Unrestricted 244,562 198,591 26,830 Total net assets 244,562$ 198,591$ 26,830$ The accompanying notes are an integral part of these financial statements 143 75 Information Information Vehicle Vehicle Technology Technology and Equipment Building and Equipment Equipment Services Maintenance Maintenance Replacement Replacement Total 231,679$ 61,264$ 249,239$ 236,230$ 196,532$ 1,498,570$ - - - - - 5,378 231,679 61,264 249,239 236,230 196,532 1,503,948 - - - 623,819 90,240 714,059 - - - (359,352) (63,168) (422,520) - - - 264,467 27,072 291,539 231,679 61,264 249,239 500,697 223,604 1,795,487 7,524 3,350 24,058 - 9,846 47,053 10,214 3,655 22,612 - - 38,626 - - - - - 54,601 17,738 7,005 46,670 - 9,846 140,280 - - - 264,467 27,072 291,539 213,941 54,259 202,569 236,230 186,686 1,363,668 213,941$ 54,259$ 202,569$ 500,697$ 213,758$ 1,655,207$ 144 CITY OF SARATOGA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS FOR THE YEAR ENDED JUNE 30, 2010 76 Liability / Risk Workers' Office Management Compensation Stores Operating revenues: Charges for services 250,000$ 250,000$ 23,000$ Other operating revenues 9,056 27,692 11,693 Total operating revenues 259,056 277,692 34,693 Operating expenses: Cost of services - - - Administration 217,366 202,136 47,496 Depreciation - - - Total operating expenses 217,366 202,136 47,496 Operating income 41,690 75,556 (12,803) Transfers out - - - Change in net assets 41,690 75,556 (12,803) Total net assets - beginning 202,872 123,035 39,633 Total net assets - ending 244,562$ 198,591$ 26,830$ The accompanying notes are an integral part of these financial statements 145 77 Information Information Vehicle Vehicle Technology Technology and Equipment Building and Equipment Equipment Services Maintenance Maintenance Replacement Replacement Total 400,000$ 208,000$ 704,000$ 110,000$ 58,010$ 2,003,010$ 963 5,214 - - 54,618 400,963 208,000 709,214 110,000 58,010 2,057,628 - 210,396 715,486 14,640 31,614 972,136 361,859 - - - - 828,857 - - - 123,529 18,048 141,577 361,859 210,396 715,486 138,169 49,662 1,942,570 39,104 (2,396) (6,272) (28,169) 8,348 115,058 - - - - (155,000) (155,000) 39,104 (2,396) (6,272) (28,169) (146,652) (39,942) 174,837 56,655 208,841 528,866 360,410 1,695,149 213,941$ 54,259$ 202,569$ 500,697$ 213,758$ 1,655,207$ 146 CITY OF SARATOGA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2010 78 Liability / Risk Workers' Office Management Compensation Stores Cash flows from operating activities: Receipts from customers and users 260,198$ 278,580$ 34,693$ Payments to suppliers (243,965) (192,833) (49,854) Payments to employees (21,982) (8,638) - Net cash provided by operating activities (5,749) 77,109 (15,161) Cash flows from noncapital financing activities: Operating transfers out - - - Net cash used in nonoperating activities - - - Cash flows from capital activities: Acquisition of capital assets - - - Net cash used for acquisition of capital assets - - - Net increase (decrease) in cash and cash equivalents (5,749) 77,109 (15,161) Cash and cash equivalents, beginning of year 304,180 120,654 42,593 Cash and cash equivalents, ending of year 298,431$ 197,763$ 27,432$ Reconciliation of operating income to net cash provided by operating activities: Operating income (loss) 41,690$ 75,556$ (12,803)$ Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation - - - Change in operating assets and liabilities: Decrease in accounts receivables 1,142 888 - (Decrease) increase in accounts payable (21,657) 592 (2,358) (Decrease) in claims payable (28,615) - - Increase in accured payroll 1,691 73 - Net cash provided (used) by operating activities (5,749)$ 77,109$ (15,161)$ 147 79 Information Information Vehicle Vehicle Technology Technology and Equipment Building and Equipment Equipment Services Maintenance Maintenance Replacement Replacement Total 400,963$ 208,000$ 709,214$ 112,530$ 58,010$ 2,062,188$ (169,423) (136,740) (316,259) (14,640) (22,961) (1,146,675) (185,740) (72,520) (414,558) - - (703,438) 45,800 (1,260) (21,603) 97,890 35,049 212,075 - - - - (155,000) (155,000) - - - - (155,000) (155,000) - - - (12,345) - (12,345) - - - (12,345) - (12,345) 45,800 (1,260) (21,603) 85,545 (119,951) 44,730 185,879 62,524 270,842 150,685 316,483 1,453,840 231,679$ 61,264$ 249,239$ 236,230$ 196,532$ 1,498,570$ 39,104$ (2,396)$ (6,272)$ (28,169)$ 8,348$ 115,058$ - - - 123,529 18,048 141,577 - - - 2,530 - 4,560 2,999 159 (20,046) - 8,653 (31,658) - - - - - (28,615) 3,697 977 4,715 - - 11,153 45,800$ (1,260)$ (21,603)$ 97,890$ 35,049$ 212,075$ 148 80 This page is intentionally blank. 149 81 CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS 150 82 151 CITY OF SARATOGA CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS COMPARATIVE SCHEDULE BY SOURCE JUNE 30, 2010 AND 2009 83 2010 2009 Governmental Funds Capital Assets: Land and land improvements 12,984,078$ 10,585,106$ Buildings and structures 23,412,763 23,156,758 Machinery and equipment 1,567,785 1,324,426 Infrastructure 104,425,507 103,549,229 Construction in progress 4,443,360 6,595,346 Total Governmental Funds Capital Assets 146,833,493 145,210,865 Accumulated depreciation (25,204,168) (23,529,120) Total Governmental Funds Capital Assets, Net 121,629,325$ 121,681,745$ Investments in Governmental Funds Capital Assets by Source: General Fund 115,548,433$ 115,642,022$ Special revenue funds 974,487 1,008,688 Capital projects funds 30,213,225 28,462,807 Donations 97,348 97,348 Accumulated depreciation (25,204,168) (23,529,120) Total Governmental Funds Capital Assets 121,629,325$ 121,681,745$ 1 This schedule presents only the capital asset balances related to governmental funds. Accordingly the capital assets reported in internal service funds are excluded from the above amounts. Generally, the capital assets of internal service funds are included as governmental activities in the statement of net assets. 152 CITY OF SARATOGA CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS SCHEDULE BY FUNCTION AND ACTIVITY1 JUNE 30, 2010 84 Land Buildings and Land and Improvements Structures Function and Activity General and intergovernmental services: Management services -$ 438,036$ Administrative services - 167,585 Intergovernmental services 118,183 3,138,641 Total General and Intergovernmental Services:118,183 3,744,262 Public safety: Police services - - Code enforcement - - Total Public Safety:- - Public works: Streets and sidewalks 835,155 30,628 Parks/open space 2,637,061 2,656,850 Total Public Works:3,472,216 2,687,478 Community services 7,651,215 2,666,124 Community development services 1,742,464 14,314,899 Total Governmental Funds Capital Assets 12,984,078 23,412,763 Accumulated depreciation - (5,471,113) Total Governmental Funds Capital Assets, Net 12,984,078$ 17,941,650$ 1 This schedule presents only the capital asset balances related to governmental funds. Accordingly the capital assets reported in internal service funds are excluded form the above amounts. Generally, the capital assets of internal service funds are included as governmental activities in the statement of net assets. 153 85 Machinery Construction and in Equipment Infrastructure Progress Total 405,358$ -$ 99,031$ 942,425$ 74,491 - - 242,076 47,560 - - 3,304,384 527,409 - 99,031 4,488,885 27,813 - - 27,813 7,548 - - 7,548 35,361 - - 35,361 483,632 104,342,490 1,914,299 107,606,204 270,483 - - 5,564,394 754,115 104,342,490 1,914,299 113,170,598 220,753 83,017 2,402,019 13,023,128 30,147 - 28,011 16,115,521 1,567,785 104,425,507 4,443,360 146,833,493 (1,178,957) (18,554,098) - (25,204,168) 388,828$ 85,871,409$ 4,443,360$ 121,629,325$ 154 CITY OF SARATOGA CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS SCHEDULE BY FUNCTION AND ACTIVITY JUNE 30, 2010 86 Governmental Governmental Funds Capital Funds Capital Assets Assets July 1, 2009 Additions Deletions June 30, 2010 Function and Activity General and intergovernmental services: Management services 474,684$ 490,608$ (22,867)$ 942,425$ Administrative services 252,449 - (10,373) 242,076 Intergovernmental services 3,304,385 - (1) 3,304,384 Total General and Intergovernmental Services:4,031,518 490,608 (33,241) 4,488,885 Public safety: Police services 27,813 - - 27,813 Code enforcement 7,548 - - 7,548 Total Public Safety:35,361 - - 35,361 Public works: Streets and sidewalks 107,000,101 653,263 (47,160) 107,606,204 Parks/open space 5,606,449 (42,055) 5,564,394 Total Public Works:112,606,550 653,263 (89,215) 113,170,598 Community services 12,413,046 659,859 (49,777) 13,023,128 Community development services 16,124,390 4,646 (13,515) 16,115,521 Total Governmental Funds Capital Assets 145,210,865 1,808,376 (185,748) 146,833,493 Accumulated depreciation (23,529,120) 127,790 (1,802,838) (25,204,168) Total Governmental Funds Capital Assets, Net 121,681,745$ 1,936,166$ (1,988,586)$ 121,629,325$ 1 This schedule presents only the capital asset balances related to governmental funds. Accordingly the capital assets reported in internal service funds are excluded form the above amounts. Generally, the capital assets of internal service funds are included as governmental activities in the statement of net assets. 155 STATISTICAL SECTION 156 157 87 This part of the City of Saratoga's comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures and required supplementary information says about the government's overall financial health. Contents Page Financial Trends These schedules contain trend information to help the reader understand how the government's financial performance and well being have changed over time. 88-92 Revenue Capacity These schedules contain information to help the reader assess the government’s most significant local revenue source; property tax. 93-97 Debt Capacity These schedules present information to help the reader assess the affordability of the government's current levels of outstanding debt and the government's ability to issue additional debt in the future. 98-101 Demographic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the government's financial activities take place. 102-103 Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the government's financial report relates to the services the government provides and the activities it performs. 104-106 The City of Saratoga implemented GASB Statement No. 34 in fiscal year 2001/02; schedules presenting government-wide information include information beginning in that year. The City of Saratoga implemented GASB Statement No. 44 in fiscal year 2007/08; newly required schedules presenting information in the Statistical Section include the earliest available information. 158 CITY OF SARATOGA NET ASSETS BY COMPONENT LAST SIX YEARS (ACCRUAL BASIS OF ACCOUNTING) 88 (amounts expressed in thousands) 2005 2006 2007 2008 2009 2010 Primary government Governmental activities Investment in capital assets, net of related debt 105,784$ 107,100$ 108,102$ 109,818$ 108,818$ 108,966$ Restricted 6,328 5,370 5,928 5,940 5,281 5,519 Unrestricted 6,789 9,955 8,593 9,710 8,759 8,533 Total primary government 118,901$ 122,425$ 122,623$ 125,468$ 122,858$ 123,018$ Source: CAFR Fiscal Year $95,000 $100,000 $105,000 $110,000 $115,000 $120,000 $125,000 $130,000 2005 2006 2007 2008 2009 2010 Net Assets by Component Investment in capital assets, net of related debt Restricted Unrestricted 159 CITY OF SARATOGA CHANGES IN NET ASSETS LAST SIX YEARS (ACCRUAL BASIS OF ACCOUNTING) 89 (amounts expressed in thousands) 2005 2006 2007 2008 2009 2010 Expenses: Governmental activities: General and intergovernmental services 4,160$ 3,473$ 4,532$ 6,293$ 5,595$ 3,729$ Public safety 3,736 3,427 3,844 4,166 4,211 4,339 Public works 3,829 4,752 6,425 5,325 7,643 6,535 Community services 1,929 1,395 1,437 1,286 1,634 1,711 Community development services 2,349 2,226 1,993 2,032 2,000 1,751 Interest on long-term debt (unallocated)760 754 768 714 697 677 Total governmental activities expenses 16,763 16,027 18,999 19,816 21,780 18,742 Program revenues: Charges for services: General and intergovernmental services - 31 452 1,787 133 125 Public safety 141 122 - 411 520 425 Public works 1,988 1,890 528 1,705 2,379 2,535 Community services 757 1,008 604 911 935 917 Community development services 1,890 2,665 1,328 2,110 1,802 1,586 Operating grants and contributions 1,218 1,549 2,155 151 228 275 Capital grants and contributions 865 1,568 1,282 1,715 339 674 Total governmental activates program revenues 6,859 8,833 6,349 8,790 6,336 6,537 Net (expense) revenue and change in net assets (9,904) (7,194) (12,650) (11,026) (15,444) (12,205) General revenue and other changes in net assets Taxes: Property taxes 4,841 5,652 5,772 8,099 8,336 8,371 Sales taxes 1,011 988 995 1,058 1,043 955 Local taxes 1,143 1,288 1,099 694 663 560 Franchise taxes 995 1,040 1,187 1,625 1,657 1,664 Motor vehicle in-lieu 420 718 177 149 116 101 Total Taxes 8,410 9,686 9,230 11,625 11,815 11,651 Intergovernmental - - 673 841 474 522 Investment earnings 283 709 2,813 1,057 397 101 Other revenues 193 323 132 348 148 91 Total general revenues 8,886 10,718 12,848 13,871 12,834 12,365 Change in net assets (1,018) 3,524 198 2,845 (2,610) 160 Net assets - beginning of year 119,919 118,901 122,425 122,623 125,468 122,858 Net assets - end of year 118,901$ 122,425$ 122,623$ 125,468$ 122,858$ 123,018$ Source: CAFR Fiscal Year 160 CITY OF SARATOGA FUND BALANCE OF GOVERNMENTAL FUNDS LAST SIX YEARS (ACCRUAL BASIS OF ACCOUNTING) 90 (amounts expressed in thousands) 2005 2006 2007 2008 2009 2010 General fund: Reserved -$ 1$ 64$ 1$ 1$ 1$ Unreserved 6,979 10,378 9,097 10,396 8,228 8,010 Total general fund 6,979$ 10,379$ 9,161$ 10,397$ 8,229$ 8,011$ All other governmental funds: Reserved Debt service funds 855$ 865$ 746$ 854$ 931$ 893$ Unreserved, reported in: Special revenue funds 201 919 844 318 484 569 Capital project funds 5,322 3,586 4,338 4,768 3,865 4,057 Total all other governmental funds 6,378$ 5,370$ 5,928$ 5,940$ 5,280$ 5,519$ Source: CAFR Fiscal Year $‐ $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 General ‐ Reserved General ‐ Unreserved Debt Service Special Revenue Capital Projects Fund Balances of Governmental Funds 2005 2006 2007 2008 2009 2010 161 CITY OF SARATOGA GOVERNMENTAL ACTIVITIES TAX REVENUES BY SOURCE LAST SIX YEARS (ACCRUAL BASIS OF ACCOUNTING) 91 (amounts expressed in thousands) 2005 2006 2007 2008 2009 2010 Tax revenues: Property taxes 4,841$ 5,652$ 5,772$ 8,099$ 8,336$ 8,371$ Special assessments 1,476 1,369 271 1,392 1,368 1,247 Sales taxes 1,011 988 995 1,058 1,043 955 Local taxes 1,143 1,288 1,099 694 663 560 Franchise taxes 995 1,040 1,187 1,625 1,657 1,664 Motor vehicle in-lieu 420 718 177 149 116 101 Total tax revenues 9,886$ 11,055$ 9,501$ 13,017$ 13,183$ 12,898$ Source: CAFR Fiscal Year $‐ $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 Property taxes Special assessments Sales taxes Local taxes Motor vehicle in‐lieu Franchise taxes Tax Revenues by Source 2005 2006 2007 2008 2009 2010 162 CITY OF SARATOGA CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS LAST SIX YEARS (ACCRUAL BASIS OF ACCOUNTING) 92 (amounts expressed in thousands) 2005 2006 2007 2008 2009 2010 Revenues: Property taxes 4,893$ 5,652$ 4,758$ 7,877$ 8,335$ 8,371$ Special assessments 1,411 1,370 1,285 1,566 1,368 1,247 Sales taxes 1,011 987 995 1,058 1,043 954 Other local taxes 851 1,288 1,126 773 663 560 Licensed and permits 100 79 1,340 1,671 1,460 1,489 Fines and forfeitures 162 259 396 344 360 359 Intergovernmental - federal - - - - - 430 Intergovernmental - state 1,375 2,660 3,631 1,641 1,283 1,258 Intergovernmental - other 671 976 629 777 290 258 Franchise fees 1,294 1,041 1,187 1,622 1,657 1,664 Use of money any property 664 752 2,813 924 794 595 Other revenues 153 1,719 151 326 1,966 1,794 Current services charges 3,093 2,715 900 4,184 - - Total tax revenues 15,768 19,498 19,211 22,763 19,219 18,979 Expenditures: Current: General and intergovernmental services 3,238 3,346 3,806 4,083 3,330 3,102 Public safety 3,731 3,423 3,824 4,166 4,206 4,349 Public works 2,599 3,501 5,714 4,717 4,700 4,730 Community services 1,875 1,210 1,381 1,262 1,424 1,223 Community development services 1,990 1,847 1,962 2,026 2,450 2,111 Capital outlay 1,777 2,908 2,130 4,246 4,060 2,584 Debt service: Principal 255 270 280 295 310 330 Interest and fiscal charges 766 760 774 721 705 685 Total expenditures 16,231 17,265 19,871 21,515 21,185 19,114 Excess of revenues over (under) expenditures (463) 2,233 (660) 1,247 (1,966) (135) Other financing sources (uses): Transfers in 2,492 499 3,422 2,241 2,043 1,172 Transfers out (2,492) (499) (3,422) (2,241) (2,043) (1,017) Total other financing sources (uses)- - - - - 155 Net change in fund balances (463)$ 2,233$ (660)$ 1,247$ (1,966)$ 20$ Debt as a percentage of noncapital expenditures 7.06% 7.17% 5.94% 5.62% 4.89% 5.80% Source: CAFR Fiscal Year 163 CITY OF SARATOGA PROPERTY TAX RATES – DIRECT AND OVERLAPPING GOVERNMENTS LAST SIX YEARS (ACCRUAL BASIS OF ACCOUNTING) 93 (Property Tax Rates per $100 of Assessed Value) 2005 2006 2007 2008 2009 2010 General 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 County Retirement Levy 0.0388 0.0388 0.0388 0.0388 0.0388 0.0388 County Library 0.0024 0.0024 0.0024 0.0024 0.0024 0.0024 City of Saratoga 0.0148 0.0117 0.0096 0.0113 0.0104 0.0094 Campbell School District 0.0529 0.0512 0.0508 0.0475 0.0524 0.0552 Cupertino Elementary School District 0.0360 0.0350 0.0289 0.0337 0.0306 0.0312 Moreland Elementary School District 0.0612 0.0561 0.0556 0.0569 0.0565 0.0594 Saratoga School District 0.0361 0.0356 0.0351 0.0363 0.0363 0.0388 Campbell Union High School District 0.0197 0.0224 0.0198 0.0285 0.0299 0.0314 Fremont Union High School District 0.0268 0.0260 0.0243 0.0241 0.0339 0.0306 Los Gatos-Saratoga Joint Union High School District 0.0409 0.0371 0.0651 0.0345 0.0330 0.0352 Foothill-DeAnza Community College District 0.0129 0.0119 0.0346 0.0113 0.0123 0.0322 West Valley-Mission Community College District - 0.0140 0.0126 0.0118 0.0032 0.0140 Saratoga Fire District 0.0017 0.0052 0.0049 0.0053 0.0053 0.0058 Santa Clara Valley Water District - State Water Project 0.0086 0.0069 0.0070 0.0067 0.0059 0.0071 Santa Clara Valley Water District - Zone W-1 0.0006 0.0009 0.0002 0.0040 0.0002 0.0002 Source: California Municipal Statistics, Inc. Fiscal Year 164 CITY OF SARATOGA ASSESSED VALUE OF TAXABLE PROPERTY LAST SIX YEARS 94 (amounts expressed in thousands) Fiscal Year Ended Residential Commercial Industrial Vacant Other June 30 Property Property Property Institutional Property Property 2005 7,114,095$ 166,071$ 8,746$ 33,509$ 70,276$ 35,127$ 2006 7,883,965 177,149 8,921 38,027 90,611 32,858 2007 8,467,894 187,142 9,099 45,706 107,228 39,536 2008 9,025,628 208,369 9,281 50,590 110,656 49,023 2009 9,605,309 213,951 9,467 51,052 128,898 43,240 2010 9,729,087 231,691 9,656 57,495 110,225 44,856 Source:1 HdL Coren & Cone, Santa Clara County Assessor 2007/08 Combined Tax Rolls Other property includes: Irrigated, Dry Farm, Recreational Government, and Miscellaneous 2 California Municipal Statistics, Inc. $‐ $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 2005 2006 2007 2008 2009 2010 Total Assessed Property Unsecured Other Vacant Institutional Industrial Commercial Residential 165 95 Total2 Total Less: Total Taxable 1 Direct Unsecured Assessed Tax Exempt Assessed Tax Property Property Real Property Value Rate 42,965$ 7,470,789$ (76,932)$ 7,393,857$ 1.0560 46,874 8,278,405 (133,951) 8,144,454 1.0529 39,764 8,896,369 (140,859) 8,755,510 1.0508 35,775 9,489,322 (159,369) 9,329,953 1.0525 43,933 10,095,850 (161,488) 9,934,362 1.0516 58,210 10,241,220 (173,628) 10,067,592 1.0506 166 CITY OF SARATOGA PRINCIPAL PROPERTY TAXPAYERS CURRENT YEAR AND FIVE YEARS AGO JUNE 30, 2010 96 (amounts expressed in thousands) % of Total % of Total Taxable Taxable Taxable Taxable Assessed Assessed Assessed Assessed Taxpayer Value Rank Value Value Rank Value Cupertino Village Associates, LLC 34,889$ 1 0.35% Quito Village Group, LLC 31,110 2 0.31% 12,901 3 0.22% John M. & Abby J. Sobrato 17,643 3 0.18% Gregpenn Properties, LLC 14,424 4 0.14% San Jose Water Works 13,308 5 0.13% 9,901 5 0.13% John I. Keller 12,208 6 0.12% David J. & Terri E. Morrison 10,604 7 0.11% 9,423 6 0.13% Argonaut Associates, LLV 10,510 8 0.10% 12,005 3 0.13% Ashok Krishnamurthi 10,439 9 0.10% 9,282 7 0.13% Rakesh & Dipti Bl Mathur 10,200 10 0.10% Odd Fellows Home of California 22,325 1 0.53% Saratoga Office Center Partners, LLC 13,543 2 0.26% David C. & Roxanne N. Petterschmidt 9,241 8 0.12% Deloise A. Jordan 8,918 9 0.12% David L. House 8,800 10 0.12% Assessed Value 10,067,592$ 7,393,858$ 1 Earliest information available Source: California Municipal Statistics, Inc./HdL Coren & Cone 2010 2005 1 167 CITY OF SARATOGA PROPERTY TAX LEVIES AND COLLECTIONS LAST SIX YEARS 97 Fiscal Year Total Tax Collections in Ended Levy for Subsequent June 30 Fiscal Year Amount Percentage Years Amount Percentage 2005 4,972,875$ 4,839,668$ 97.3% 133,207$ 4,972,875$ 100.0% 2006 5,243,038 5,112,766 97.5% 130,272 5,243,038 100.0% 2007 6,032,558 6,040,230 100.1% (7,672) 6,032,558 100.0% 2008 8,108,364 8,106,743 100.0% 3,621 8,110,364 100.0% 2009 8,332,184 8,335,805 100.0%- 8,335,805 100.0% 2010 8,371,396 8,381,134 100.1% (9,738) 8,371,396 100.0% Source: City of Saratoga Note: Information on this schedule is not provided from the County of Santa Clara. An estimate has been used for the total tax levy for the fiscal year based upon collections of prior year property taxes in the next fiscal year. Collected within the Fiscal Year of the Levy Total Collections to Date 168 CITY OF SARATOGA RATIOS OF OUTSTANDING DEBT BY TYPE LAST SIX YEARS 98 (amounts expressed in thousands, except per capita amounts) 2005 2006 2007 2008 2009 2010 Governmental activities General obligation bonds 14,440$ 14,170$ 13,890$ 13,595$ 13,285$ 12,955$ Total primary government 14,440$ 14,170$ 13,890$ 13,595$ 13,285$ 12,955$ Percentage of Personal Income1 0.00% 0.00% 0.00% 0.00% n/a n/a Per capita2 468 460 443 430 419 405 Source: CAFR 1Bureau of Economic Analysis - personal income information only available through 2008 San Jose-Sunnyvale-Santa Clara region 2Population information from California State Controller's Office Fiscal Year 169 CITY OF SARATOGA RATIOS OF GENERAL BONDED DEBT OUTSTANDING LAST SIX YEARS 99 (amounts expressed in thousands, except per capita amounts) 2005 2006 2007 2008 2009 2010 General obligation bonds 14,440$ 14,170$ 13,890$ 13,595$ 13,285$ 12,955$ Less: Amount available in debt service fund (855) (865) (747) (854) (926) (890) Total primary government 13,585$ 13,305$ 13,143$ 12,741$ 12,359$ 12,065$ Percentage of actual taxable value of property 0.18% 0.16% 0.15% 0.14% 0.12% 0.12% Per capita1 440 431 419 403 390 377 Source: CAFR 1Population information from California State Controller's Office Fiscal Year 170 CITY OF SARATOGA DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT 100 (amounts expressed in thousands) Estimated Estimated Share of Debt Percentage Overlapping Outstanding Applicable 1 Debt Direct Debt: City of Saratoga 12,955 100.000% 12,955 Overlapping Tax and Assessment Debt: Santa Clara County 350,000$ 3.729% 13,052$ Santa Clara Valley Water District, Zone W-1 910 4.023%37 Foothill-De Anza Community College District 479,279 1.716% 8,224 West Valley Community College District 215,070 11.726% 25,219 Campbell Union High School District 136,395 5.544% 7,562 Fremont Union High School District 202,415 3.686% 7,461 Los Gatos-Saratoga Joint Union High School District 58,915 40.910% 24,102 Campbell Union School District 98,223 6.846% 6,724 Cupertino Union School District 127,265 6.179% 7,864 Moreland School District 73,272 12.960% 9,496 Saratoga Union School District 49,432 86.175% 42,598 Saratoga Fire Protection District 5,049 97.424% 4,919 Santa Clara Valley Water District Benefit Assessment 152,440 3.729% 5,684 Total Overlapping Tax and Assessment Debt 162,942 Overlapping General Fund Debt: Santa Clara County General Fund Obligations 825,070 3.729% 30,767$ Santa Clara County Pension Obligations 388,045 3.729% 14,470 Santa Clara County Board of Education Certificates of Participation 13,580 3.729% 506 Santa Clara County Vector Control District Certificates of Participation 3,965 3.729% 148 Foothill-De Anza Community College District Certificates of Participation 23,450 1.716% 402 West Valley-Mission College District General Fund Obligations 56,120 11.726% 6,581 Los Gatos-Saratoga Joint Union High School District Certificates of Participation 10,205 40.910% 4,175 Saratoga Union School District Certificates of Participation 6,380 86.175% 5,498 Midpeninsula Open Space Park District General Fund Obligations 113,788 6.277% 7,142 Total Overlapping General Fund Debt 69,689 Combined Total Debt 2 245,586$ 1Percentage of overlapping agency's assessed valuation located within boundaries of the city. 2Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and tax allocation bonds and non-bonded capital lease obligations. Source: California Municipal Statistics, Inc. 171 CITY OF SARATOGA LEGAL DEBT MARGIN INFORMATION LAST SIX YEARS 101 (amounts expressed in thousands) 2005 2006 2007 2008 2009 2010 Debt Limit 1,120,618$ 1,241,761$ 1,334,455$ 1,423,398$ 1,514,378$ 1,536,183$ Total net debt applicable to limit 13,585 13,305 13,143 12,741 12,359 12,065 Legal debt margin 1,107,033$ 1,228,456$ 1,321,312$ 1,410,657$ 1,502,019$ 1,524,118$ Total net debt applicable to the limit as a percentage of debt limit 1.21% 1.07% 0.98% 0.90% 0.82% 0.79% Legal debt margin calculation Assessed value 7,393,857$ 8,144,454$ 8,755,510$ 9,329,953$ 9,934,362$ 10,067,592$ Add back: exempt real property 76,932 133,951 140,859 159,369 161,488 173,628 Total assessed value 7,470,789$ 8,278,405$ 8,896,369$ 9,489,322$ 10,095,850$ 10,241,220$ Debt limit (15% of total assessed value) 1,120,618$ 1,241,761$ 1,334,455$ 1,423,398$ 1,514,378$ 1,536,183$ Debt applicable to limit: General obligation bonds 14,440$ 14,170$ 13,890$ 13,595$ 13,285$ 12,955$ Less: Amount available in debt service fund (855) (865) (747) (854) (926) (890) Total net debt applicable to limit 13,585$ 13,305$ 13,143$ 12,741$ 12,359$ 12,065$ Legal debt margin 1,107,033$ 1,228,456$ 1,321,312$ 1,410,657$ 1,502,019$ 1,524,118$ Source: CAFR Fiscal Year 172 CITY OF SARATOGA DEMOGRAPHIC AND ECONOMIC STATISTICS LAST SIX YEARS 102 Personal Per Capita Fiscal City Income Personal Labor Unemployment Year Population 1 (in thousands)2 Income2 Force 3 Rate3 2005 30,850 89,615 51,418 12,600 2.5% 2006 30,835 98,252 55,754 12,700 2.1% 2007 31,352 105,999 59,338 12,900 2.3% 2008 31,592 105,979 58,531 13,100 3.2% 2009 31,679 n/a n/a 13,300 6.0% 2009 31,997 n/a n/a 12,500 5.8% Source:1Popluaton information from California State Controller's Office 2Bureau of Economic Analysis - San Jose-Sunnyvale-Santa Clara region 3State of California - Employment Development Department 10,000 15,000 20,000 25,000 30,000 35,000 2005 2006 2007 2008 2009 2010 Labor Force vs. Population Population Labor Force 173 CITY OF SARATOGA PRINCIPAL EMPLOYERS CURRENT YEAR AND FIVE YEARS AGO AT JUNE 30, 2010 103 Percentage Percentage of Total City of Total City Employer Employees Rank Employment Employees Rank Employment Gene's Fine Foods 85 1 0.68% 85 1 1.39% Safeway 65 2 0.52% 65 2 1.06% Saratoga Country Club 65 3 0.52% 65 3 1.06% Windermere SVP 27 4 0.22% 27 5 0.44% Longs Drug 20 5 0.16% 20 6 0.33% Classic Car Wash 20 6 0.16% 20 7 0.33% Harmonie European Day Spa 20 7 0.16% 20 8 0.33% Hinshaw, Draa & Marsh 20 8 0.16% 20 9 0.33% Jakes of Saratoga 20 9 0.16% Bella Saratoga 18 10 0.14% 20 10 0.33% 24 Hour Fitness 0.00% 30 4 0.49% Total City Employment2 12,500 6,129 1 Earliest information available 2State of California - Employment Development Department Source: City of Saratoga 2010 2005 1 174 CITY OF SARATOGA FULL-TIME EQUIVALENT CITY GOVERNMENT EMPLOYEES BY FUNCTION LAST SIX FISCAL YEARS 104 2005 2006 2007 2008 2009 2010 Function General government 12.65 10.75 11.00 13.00 12.00 11.75 Public works 20.75 20.75 21.75 22.75 21.75 21.75 Community development 14.00 13.00 14.00 14.00 14.00 12.00 Parks and recreation 10.35 10.35 10.60 10.60 10.60 9.35 Total 57.75 54.85 57.35 60.35 58.35 54.85 Source: City of Saratoga Budget Document Fiscal Year ‐ 10.00 20.00 30.00 40.00 50.00 60.00 70.00 2005 2006 2007 2008 2009 2010 Full‐Time Equivalents Parks & Rec Comm Development Public works General gov't 175 CITY OF SARATOGA OPERATING INDICATORS BY FUNCTION LAST SIX FISCAL YEARS 105 2005 2006 2007 2008 2009 2010 Function Part 1 crimes1 463 426 425 381 282 173 Total incidents 42,011 40,567 39,663 41,243 41,384 39,942 Police reports 1,767 1,659 1,767 1,941 1,949 1,273 Public Works Street resurfacing (miles)N/A 5 14 N/A 6 3 Street lights repaired 2 3 3 12 25 24 Potholes filled (sq. ft.)N/A 5,000 5,000 7,000 10,000 10,000 Community Development Total permit valuation ($000)74,668 94,485 69,935 70,442 61,117 44,658 Parks and Recreation Classes, trips (enrollment) community events 5,604 5,712 4,817 4,782 4,698 4,366 Adult Exercise (e.g. JS Dance. Jazzerxcise) 272 312 285 362 515 545 Sports programs (e.g. Adult basketball, softbal 470 473 515 591 459 423 Prescholl programs (enrollment)200 163 159 225 171 161 Day/summer camps (enrollment)301 287 205 242 225 331 Teen/youth council (enrollment)2,506 3,798 2,221 94 419 2,110 Senior center (enrollment/attendance days) 22,312 22,591 18,515 17,826 16,325 16,533 1Part 1 Crimes are the following as reported to DOJ: homicide, rape, robbery, burglary, assault, theft, auto theft, and arson. Source: City of Saratoga various records Fiscal Year 176 CITY OF SARATOGA CAPITAL ASSET STATISTICS BY FUNCTION LAST SIX FISCAL YEARS 106 2005 2006 2007 2008 2009 2010 Function Public safety Police Station 1 1 - - - - Fire Station Saratoga Fire District 1 1 1 1 1 1 Central Fire District 1 1 1 1 1 1 Public Works Street Miles - Private 13 13 13 13 14 14 Street Miles - Public 137 137 137 137 140 140 West Valley Sanitation District Number of Connections 8,601 8,621 8,651 8,651 8,683 8,687 Length of Sewer Lines 120 120 127 127 127 127 Cupertino Valley Sanitation District Number of Connections 2,118 2,118 2,915 2,927 2,938 2,949 Length of Sewer Lines 36 36 36 36 36.5 36.5 Parks and Recreation Parks Acreage 81 81 81 81 84 84 Parks 15 15 15 15 15 15 Source: City of Saratoga various records Fiscal Year 177 DRAFT 1 SARATOGA CITY COUNCIL MEETING DATE: November 17, 2010 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor, Recreation & Facilities Director DIRECTOR: Michael Taylor SUBJECT: Saratoga Library Book Return Overhang Project – Award of Contract to Premier West Interiors RECOMMENDED ACTION: Review report and 1. Move to declare Premier West Interiors (PWI) of San Jose to be the lowest responsible bidder on the project. 2. Move to accept bid and authorize the City Manager to enter into a construction contract to Premier West Interiors (PWI) in the amount of $41,799. 3. Move to authorize staff to execute change orders to the contract up to $4,180. REPORT SUMMARY: In 2003, the Council assigned the Library Commission to make recommendations for use of the remaining funds left from the Library Construction Project. These funds can be used for capital projects to the library with a life longer than one year, but not for maintenance. The Library Commission identified several improvement projects to be included in the Library Capital Improvement Fund (LCIF). Among them was constructing a cover over the book drop to eliminate glare and provide weather protection. DISCUSSION: Design of the protective overhang was completed and three options were presented to the Library staff and to the Library Commission for approval. Staff requested bids for construction of the approved design (Attachment B) from seven qualified contractors and received three bids (Attachment C). CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: PWI will not be declared to lowest responsible bidder and a construction contract will not be awarded to that firm. ALTERNATIVE ACTIONS: N/A 178 DRAFT 2 FISCAL IMPACTS: The cost of this project was included in the 2010-11 Capital Improvement Project budget (Project Number 9312-002). The cost of this project will not impact the operating budget as no maintenance costs are associated with the book drop overhang after installation. Project management for installation has already been incorporated in the City’s operating budget. FOLLOW UP ACTION: The contract will be executed and the contractor will be issued a notice to proceed. Work will begin as soon as possible with completion expected within 90 days. 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 and other public locations each Monday in advance of the Council meeting and residents may subscribe to the agenda online by opting in to notices at www.saratoga.ca.us. ATTACHMENTS: Attachment A – Contract with Premier West Interiors (PWI) of San Jose Attachment B - Library overhang design drawings Attachment C – Bid summary 179 Attachment A – Library Book Drop Overhang Contract Page 1 of 13 (Rev. 07-10-08) CITY OF SARATOGA SHORT FORM CONSTRUCTION AGREEMENT FOR PROJECTS WITH NO FEDERAL FUNDING Project Name: At the Main Saratoga Library install a new overhang over the book drop area. THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Premier West Interiors, ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to perform the work described this Agreement; and WHEREAS, City lacks the qualified personnel to provide the work; and WHEREAS, in accordance with Article 3 of Chapter 2, Part 3, Division 2 (commencing with Section 22030) of the State Public Contract Code and Article 12-15 of the City of Saratoga Municipal Code the City has solicited informal bids and selected Contractor to perform the work; and WHEREAS, Contractor is duly qualified to provide the work; and WHEREAS, Contractor is agreeable to providing such work on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED. Contractor shall perform the work described in Exhibit A ("Work" or “Work”) in strict accordance with all plans, specifications, and other Contract Documents. Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until Contractor receives a fully executed Agreement from the Administrative Services Department of the City of Saratoga. The term “Contract Documents” means this Agreement, all documents attached to or otherwise made a part of this Agreement, including but not limited to those identified in Exhibit A, all certificates of insurance and bonds required by this Agreement, and Section 9 of the State of California, Department of Transportation Standard Specifications for Construction of Local Streets and Roads (2002) which includes procedures for determination of payments, compensation for extra work by force 180 Attachment A – Library Book Drop Overhang Contract Page 2 of 13 (Rev. 07-10-08) account, partial payments, and final payments. Where there is a conflict between the requirements of the several Contract Documents, the more stringent requirements shall govern. 2. TERM. The term of this Agreement commences on the date last signed below and continues through completion of the Work, unless City terminates the Agreement as provided in Section 10. 3. PAYMENT. City shall pay Contractor for Work performed in accordance with this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor’s performance of the Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. CHANGES IN WORK. A. Contractor shall make no changes in the Work without written direction from the City. Contractor shall not be compensated for any change made without any such written direction. No changes in the Work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement. B. If the City directs the Contractor in writing to make changes in the Work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following: i. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work; ii. By establishment of new unit prices and related quantities for the changed Work; iii. By a combination of existing and new unit prices and related quantities for the changed Work; or iv. By mutual acceptance of a lump sum. C. If the City directs the Contractor in writing to make changes in the Work that Contractor demonstrates materially affect the time required to perform the work, the City will make a reasonable adjustment to the Contract Time. 181 Attachment A – Library Book Drop Overhang Contract Page 3 of 13 (Rev. 07-10-08) 5. LABOR. A. The Contract is subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and Contractor and any subcontractor shall pay not less than the prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the vicinity of the Work, a copy of which is on file in the office of the City, and shall be made available for viewing to any interested party upon request. B. As required by Labor Code Section 1773.8, the Contractor shall pay travel and subsistence payments to each worker needed to perform the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8. C. Contractor and any subcontractor shall keep accurate payroll records, in accordance with Section 1776 of the Labor Code, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work. D. The Contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. E. Contractor’s attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. F. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker’s compensation to its employees in 182 Attachment A – Library Book Drop Overhang Contract Page 4 of 13 (Rev. 07-10-08) accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the Administrator a certification in the following form: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract." 6. LICENSE REQUIREMENT. Contractor’s attention is directed to Business and Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the time Contractor submits its bid to the City and all times Contractor is performing the Work, Contractor shall have a valid license issued by the Contractors State License Board in the classification stated in the Special Provisions. Contractor and all subcontractors shall be licensed in accordance with the laws of this State and any contractor or subcontractor not so licensed is subject to penalties imposed by such laws. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826. 7. TIME. Time is of the essence of this Agreement. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate its work with that of all other contractors, subcontractors and suppliers so as not to delay or damage their performance. It is further agreed that in case Contractor fails to complete the Work in all parts and requirements within the Contract Time set forth in Exhibit A, the City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of the City; and if it decides to extend the Contract Time, City shall further have the right to charge to the Contractor, its heirs, assigns or sureties, and to deduct from the payment for the Work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension. In the event that Contractor's work is delayed for any reason, including acts of City, Contractor's sole 183 Attachment A – Library Book Drop Overhang Contract Page 5 of 13 (Rev. 07-10-08) remedy shall be an extension of time equal to the period of delay, provided Contractor has given City written notice of the commencement of delay within 48 hours of its occurrence. If the City accepts any work or makes any payment under this Agreement after a default by reason of delays, the payment or payments shall in no respect constitute a waiver or modification of any Agreement provisions regarding time of completion and liquidated damages. 8. NOTICES. 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 set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. 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. Notices or communications shall be given to the Parties at the addresses set forth in Exhibit A until specified otherwise in writing. 9. ASSIGNMENT AND SUBCONTRACTING. A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control. B. For the purposes of administering this agreement no subcontractors will be recognized by the City as such, and all persons engaged in the work of construction will be considered by the City as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and specifications. C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code. D. When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subcontractor shall be removed immediately on the request of the City and shall not again be employed on the work. 184 Attachment A – Library Book Drop Overhang Contract Page 6 of 13 (Rev. 07-10-08) E. Contractor may not assign performance of the Contract except upon written consent of the City. 10. TERMINATION. A. Should Contractor fail within five (5) working days from receipt of City's written notice to correct any contractual deficiencies, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure to pay its creditors, City may terminate this Agreement for default. Following a termination for default, City shall have the right to take whatever steps it deems necessary to correct and complete the work and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, administrative costs, and attorneys' fees. B. City may at any time terminate the Contract at City's convenience upon five days written notice to Contractor; in the event of termination for convenience, Contractor shall recover only the amount due under the contract for Work completed to the date of termination in accordance with the Contract Documents, less amounts paid to date. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination. C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. 11. HOLD HARMLESS AND INDEMNIFICATION. A. The City of Saratoga and all officers, employees, and agents thereof connected with the Work, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City's officers or employees. B. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officials, employees and agents, from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or 185 Attachment A – Library Book Drop Overhang Contract Page 7 of 13 (Rev. 07-10-08) death sustained by any person (including Contractor's employees and subcontractors), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor’s fault or negligence, including any of the same resulting from City’s alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its constituent entities, its and their officers, agents, or servants who are directly responsible to City. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason. C. In addition to any remedy authorized by law, as much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City, may be retained by the City until disposition has been made of such suits or claims for damage. 12. CLAIMS. If any dispute shall arise between City and Contractor regarding performance of the work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work. Disputes arising under this Agreement shall be resolved in accordance with the procedures set forth in Section 20104.50 of the Public Contract Code. 13. LAWS TO BE OBSERVED. A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City, and all officers and employees thereof connected with the Work, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the City's representative or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the Administrator in writing. 186 Attachment A – Library Book Drop Overhang Contract Page 8 of 13 (Rev. 07-10-08) 14. RECORDS AND AUDITS. A. Contractor and its subcontractors shall establish and maintain records pertaining to this contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles, and all records shall provide a breakdown of total costs charged under this contract, including properly executed payrolls, time records, invoices and vouchers. B. Contractor shall permit City and its authorized representatives to inspect and examine Contractor’s books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for three (3) years after the termination of this Contract. C. Pursuant to California Government Code Section 10532, the parties to this Contract shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this contract including, but not limited to, the cost of administering the contract 15. INSPECTION AND PROTECTION OF WORK. A. Contractor shall make the Work accessible at all reasonable times for inspection by the City. Contractor shall, at the first opportunity, inspect all material and equipment delivered to the jobsite by others to be used or incorporated in the Contractor's work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the work done hereunder until final acceptance by the City. B. When the Work is completed, Contractor shall request, in writing, a final inspection. Within ten (10) days of the receipt of such request, the City shall make a final inspection. The Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all change orders and all interpretations and instructions previously issued. 187 Attachment A – Library Book Drop Overhang Contract Page 9 of 13 (Rev. 07-10-08) 16. UTILITY FACILITIES. A. The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. B. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility provider. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract. C. If the Contractor is required to locate, repair damage not due to the Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under the Changes section of this Contract, including payment for equipment on the Project necessarily idled during such work. D. Contractor will not be entitled to damages or additional payment for delays caused solely by the failure of City, or the utility provider, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. E. Contractor shall not be assessed liquidated damages for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy. F. The right is reserved by the City and its authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of its facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces. G. Attention is directed to the possible existence of underground facilities not known to the City, or in a location different from that which is shown on the plans or in the Special Provisions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA utility locator service to mark utilities. 188 Attachment A – Library Book Drop Overhang Contract Page 10 of 13 (Rev. 07-10-08) 17. DIFFERING SITE CONDITIONS. A. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any: 1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; 2) Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or 3) Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. B. The City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a change order under the provisions described in the Contract Documents. C. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in the Contract Documents. D. In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests. 18. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or subcontractors who will be providing material and/or labor for the performance of the Work. Contractor shall submit with each payment request waivers of lien from each major supplier and/or subcontractor that meet the requirements of Civil Code Section 3262. 189 Attachment A – Library Book Drop Overhang Contract Page 11 of 13 (Rev. 07-10-08) 19. BONDS AND INSURANCE. A. Bonds. For contracts in excess of $25,000 Contractor shall, within ten (10) days after being notified of the award of the contract, and before the City will execute the agreement for construction or issue a Notice to Proceed, furnish and file with the City Performance and Payment Surety bonds as set forth below. All bonds shall be issued and duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” authorized to do business in the State of California and acceptable to City. 1. Contractor shall submit a Performance bond on the form provided with the Contract Documents, conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. This bond shall be in a sum no less than one hundred percent (100%) of the total Contract Price. 2. Contractor shall also submit a Payment Surety bond on the form provided with the Contract Documents that in all respects complies with Civil Code sections 3247- 3252, inclusive. This bond shall be in a sum no less than one hundred percent (100%) of the Contract Price. B. Insurance. Contractor shall obtain, at its sole cost and expense, all insurance required by Exhibit D to this Agreement. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within ten (10) days after being notified of the award of the contract, and before execution of the agreement by the City. 20. GENERAL TERMS. A. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. B. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 190 Attachment A – Library Book Drop Overhang Contract Page 12 of 13 (Rev. 07-10-08) C. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. D. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non- merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. E. 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. F. Except as otherwise provided by law, if any arbitration or 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. G. 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. H. If any part of this Agreement is found to be in 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. I. Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that Work performed by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. J. 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. 191 Attachment A – Library Book Drop Overhang Contract Page 13 of 13 (Rev. 07-10-08) K. This Agreement incorporates the documents attached hereto as Exhibits and supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the 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. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. City of Saratoga Contractor By: _________________________ Dave Anderson, City Manager Date: ________________________ By: _________________________ Steve Gould, PWI, VP/SCC/Treasurer Date: ________________________ Attest: __________________________ Ann Sullivan, City Clerk Date: ________________________ Approved as to Form: __________________________ Richard Taylor, City Attorney Date: ________________________ Attachments Exhibit A -- Work Exhibit B – Payment Exhibit C – Special Conditions Exhibit D -- Insurance Requirements / 192 Attachment A – Library Book Drop Overhang Contract Exhibit A -- Page 1 of 3 Exhibit A Scope of Work Summary of Work to be Performed: At the Main Saratoga Library the Contractor is to install a new overhang over the book drop area as noted by the attached plans and as directed by Thomas Scott. The project will begin after the Contractor has all of the needed materials and all of the approvals for the project. The Contractor will need to obtain both the City and the Fire Department permits for this project before any construction begins. The Contractor will do all elements of the project as noted on the Steve Benzing plans for this project. In the event of a conflict between the terms of this Agreement the attached bid breakdown form or the project plan set the terms of this Agreement shall apply. Contract Time: Contractor shall complete this project before April 28, 2011, weather permitting. Work to be Performed: The Work is described in the following documents which are incorporated into and hereby made a part of this Agreement: • The Bid Breakdown form dated 11/01/2010. • The Steve Benzing plan set for this project. In the event of a conflict between the “Summary of Work to be Performed” and the documents described above, the Summary shall take precedence. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work. Warranty: Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality. Contractor hereby warrants its work against all deficiencies and defects for 12 months or the longest period permitted by the law of this State, whichever is more, or as otherwise provided in the Contract Documents. Contract Administration: This Agreement shall be administered on behalf of City by Thomas Scott, ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other 193 Attachment A – Library Book Drop Overhang Contract Exhibit A -- Page 2 of 3 communications shall be directed to or through the Administrator or Administrator’s designee. Notices to City pursuant to this Agreement shall be sent in accordance with Section 8 to: Thomas Scott Facilities Maintenance Supervisor City of Saratoga 19700 Allendale Avenue Saratoga, CA 95070 With a copy to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Notices to Contractor pursuant to this Agreement shall be sent in accordance with Section 8 to: Premier West Interiors Inc. 2564 Seaboard Avenue San Jose, California 95131 Attention: Steve Gould Additional Conditions: Without limiting the foregoing description of the Work, Contractor’s Work includes, but is not limited to, the following: • Submit all required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than five (5) days after the date the City issues a Notice to Proceed. • Ensure all necessary permits and approvals for the Work have been obtained. • Protect all materials to be used in the Work in accordance with the specifications. • Protect existing facilities and personal property. • Contractor will remove from the project site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from the Contract Price. 194 Attachment A – Library Book Drop Overhang Contract Exhibit A -- Page 3 of 3 • Prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit the reports to the City no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property. • The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment. • The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work. • Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work. // 195 Attachment A – Library Book Drop Overhang Contract Exhibit B -- Page 1 of 2 Exhibit B PAYMENT 1. TOTAL COMPENSATION. City agrees to pay, and Contractor agrees to accept for full performance of the Work, the total price set forth in the Contractor’s bid breakdown form dated November 1, 2010. All invoices from the Contractor will be billed with the 16 Division breakdowns from the project bid breakdown form, with each division for the project separated. The total amount paid to Contractor shall not exceed Forty-one Thousand Seven Hundred and Ninety-nine Dollars ($41,799.00) (the “Contract Price”) subject to adjustments for changes in the Work as may be directed in writing by City. 2. INVOICES. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. d. Each invoice will show less the 10% retention amount except the last invoice. City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Work subject to retentions described in this Agreement. 3. ADDITIONAL PAYMENT TERMS. A. Contractor shall submit a final payment application in the amount of the contract sum upon completion of the Work and satisfaction of all conditions of the Agreement. City shall make payment within 30 days of receipt of application, less ten percent retention. City shall release the retained funds no less than thirty five (35) days after the date the City accepts the Work. B. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of Public Contract Code Section 22300. 196 Attachment A – Library Book Drop Overhang Contract Exhibit B -- Page 2 of 2 C. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, and other documents, in form satisfactory to City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien (as provided in Civil Code Section 3262) on behalf of itself and suppliers that furnished labor, material, equipment or services to the Project. D. Attention is directed to Section 9 of the State of California, Department of Transportation Standard Specifications for Construction of Local Streets and Roads (2002) which includes procedures for determination of payments, compensation for extra work by force account, partial payments, and final payments. These provisions are Contract Documents incorporated into this Agreement. E. Charges from Contractor to City will not be honored or paid by City unless the charges are authorized and approved by City at the time the work is being performed. // 197 Attachment A – Library Book Drop Overhang Contract Exhibit C -- Page 1 of 2 Exhibit C Special Provisions 1. LICENSE CLASSIFICATION In accordance with Section 3300 of the Public Contract Code, the City has determined that the Contractor shall have a Class B (#926654) License at the time it submits its bid to the City and at all times it is performing the Work. 2. LIQUIDATED DAMAGES If Contractor fails to complete the Work within the Contract Time, the City will sustain damage. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the Contract Time would be impracticable and extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss suffered by the public within the City. Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Five Hundred Dollars per day ($500.00/Day), for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract. Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that the Contractor shall within five (5) days from the beginning of any such delay notify the Administrator, in writing, of the causes of delay. The Administrator shall ascertain the facts and the extent of delay, and the Administrator’s findings thereon shall be final and conclusive. 3. COOPERATION AND CARE A. Should construction be under way by the City, other agencies or other contractors within or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the right to perform other or 198 Attachment A – Library Book Drop Overhang Contract Exhibit C -- Page 2 of 2 additional work at or near the site (including material sources) at any time, by the use of other forces. B. Until the final acceptance of the contract, the Contractor shall have the charge and care of the Work and of the materials to be used therein, including materials for which partial payment has been received. The City shall not be held responsible for the care or protection of any material or parts of the Work prior to final acceptance, except as expressly provided in the Special Provisions. 4. PROGRESS OF THE WORK A. Hours of work - Overtime and holidays. The Contractor shall perform all work during the hours of 7:00 a.m. to 3:30 p.m., Monday through Friday unless otherwise specified in the Special Provisions or authorized by the City in writing. If the Contractor wishes to work during any other hours or on weekends, written permission must be received from the City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on legal holidays except in the case of an emergency. A listing of holidays observed by City is on file in the office of the City. If Contractor requests overtime work in which the City will incurs costs, Contractor shall be responsible for payment of the City’s costs incurred in connection with the overtime work. The City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten days, the City may deduct the amount billed from other payments due or to become due to Contractor under the Contract. B. The Administrator or Administrator’s designee shall have the authority to suspend the Work, wholly or in part, for such a period as the Administrator may deem necessary. 199 Attachment A – Library Book Drop Overhang Contract Exhibit D -- Page 1 of 3 Exhibit D INSURANCE Pursuant to Section 19 of this Agreement the following insurance requirements apply to Contractor and performance of the Work. Contractor shall procure and maintain for the duration of the contract, and until the expiration of the warranty period following the final completion and acceptance by the City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Form CG 0001 covering Commercial General Liability on an “occurrence” basis. 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: (Including operations, products and completed operations.) $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease. 200 Attachment A – Library Book Drop Overhang Contract Exhibit D -- Page 2 of 3 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or 07 04 revisions), or as a separate owner’s policy, or on the City’s own form. 2. For any claims related to this project, the Contractor’s insurance coverage 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 the Contractor’s insurance and shall not contribute with it. 3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from work performed by the Named Insured for the Agency. This provision also applies to the Contractor’s Workers’ Compensation policy. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the contractor’s 201 Attachment A – Library Book Drop Overhang Contract Exhibit D -- Page 3 of 3 obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications, at any time. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the City has requested or received a waiver of subrogation endorsement from the insurer. Claims Made Policies If any of the required policies provide claims-made coverage, the City requires that coverage be maintained for a period of 5 years after completion of the contract. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 202 203 204 205 206 Attachment B Saratoga Library Book Drop Glare and Weather Protection Project Bid Summary CRW Industries Premier West Comfort Construction General Conditions 5,726.00$ 7,857.00$ 22,772.75$ Sitework and Demolition 7,800.00$ 5,705.00$ 10,900.00$ Concrete 4,500.00$ 7,367.00$ 14,950.00$ Masonry -$ -$ -$ Metals -$ -$ 1,500.00$ Wood and Plastic 10,660.00$ 8,200.00$ 14,250.00$ Thermal and Moisture protection 10,500.00$ 5,710.00$ 10,690.00$ Doors and Windows -$ -$ -$ Painting and Finishes 1,500.00$ 1,710.00$ 1,650.00$ Equipment -$ -$ -$ Furnishings (planters)2,500.00$ 1,000.00$ 1,000.00$ Fire alarms and Sprinklers 3,500.00$ 2,565.00$ 4,440.00$ Conveying Systems -$ -$ -$ Mechanical and Plumbing 600.00$ 320.00$ 2,380.00$ Electrical and Lights 2,500.00$ 1,365.00$ 3,305.00$ TOTAL 49,786.00$ 41,799.00$ 87,837.75$ 207 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: November 17, 2010 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer SUBJECT: Lisa Marie Court Summary Vacation _____________ RECOMMENDED ACTION: Adopt Resolution of Summary Vacation of Portions of Lisa Marie Court REPORT SUMMARY: History: In 1987, the City approved a five-lot subdivision (Tract No. 7919) on Saratoga Avenue north of Fruitvale. A short cul-de-sac named Lisa Marie Court was constructed and dedicated to the City as part of the development and five homes were built. Eight years later, a large adjacent property located at the end of Lisa Marie Court was subdivided into eight new lots (Tract No. 8560). Improvements for the new development included realignment and extension of Lisa Marie Court. Since the new street was partially relocated, portions of the old street were no longer needed. The developer was required to remove the old street pavement and extend landscaping in front yards of the existing five homes. The new street was built including the extensions of the front yards and renamed to Kerwin Ranch Court. While all the improvements were completed, the abandonment of the old right-of-way was never formally completed by the developer. Discussion: Recently, the owners of 19413 Kerwin Ranch Court requested that the City vacate the portion of Lisa Marie Court along their frontage. Staff reviewed the request and determined that the criteria for summary vacation are satisfied. The City Council can act on the request by adopting the attached resolution. The resolution sets forth the findings for causing a summary vacation of the street which are: a) For a period of five consecutive years, the street has been impassable for vehicular travel. b) No public money was expended for maintenance on the street during such period. 208 Page 2 of 2 The City Surveyor has prepared plans and descriptions of the portions to be vacated for each of the five affected parcels. The documents are attached to the Resolution. The vacated street sections can be easily merged with the parcels. Although only one property owner requested the street vacation, staff believes it is more cost-effective to abandon all sections of the former street right-of-way at the same time. Attached is a map (Tract Map for Tract 8560) showing Kerwin Ranch Court and the reminder of the Lisa Marie Court that is subject to the summary vacation. In addition, attached is an aerial view of the same area showing the existing improvements. No other easements identified, described or delineated on the Tract Map for Tract 7919 are vacated by the City at this time. It is therefore recommended that City Council adopt the attached resolution vacating the street. FISCAL IMPACTS: Cost to prepare the plat plans and the legal descriptions of the street portions to be vacated by the City Surveyor was $2,500. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Former street will not be vacated at this time. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Resolution of Summary Vacation shall be recorded. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution of Summary Vacation of Portions of Lisa Marie Court 2. Tract Map – Tract 7919 (Lisa Marie Court shown) 3. Tract Map – Tract 8560 (Lisa Marie Court and Kerwin Ranch Court shown) 4. Aerial View 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 1 SARATOGA CITY COUNCIL MEETING DATE: November 17, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Michael Fossati DIRECTOR: John F. Livingstone, AICP SUBJECT: Adoption of the General Plan’s Circulation and Scenic Highway Element and conforming amendment to the Open Space and Conservation Element trails map. RECOMMENDED ACTION: Planning Commission recommends the City Council; • Approve the Resolution to adopt the revised General Plan’s Circulation and Scenic Highway Element (Circulation Element) including a conforming amendment to the Open Space and Conservation Element (Open Space Element). REPORT SUMMARY: On October 20, 2010, the City Council considered the adoption of the Circulation Element and Initial Study / Negative Declaration (IS/ND). Council approved the IS/ND, but requested Staff make the following changes within the Circulation Element. • Replace the following sentence “Quito Road is a two-to four-lane north-south roadway and essentially forms the City’s eastern boundary. Quito Road links Lawrence Expressway (south of Saratoga Avenue) to Saratoga-Los Gatos Road” with “Quito Road, with the Sunland exception, forms the City’s eastern boundary. Quito Road links Lawrence Expressway with four lanes to Cox Avenue, proceeding south to Saratoga-Los Gatos Road as two lanes.” (page 5, paragraph 9) • Replace “Bohlman Road/Montevian Road” with “Bohlman Road/Montevina Road.” (page 23, paragraph 6) • Provide more clarity by adding new language to the section titled Future Traffic Operations regarding why certain sections of roadways will be allowed to operate at LOS E and F standards. (page 27, paragraph 3) • Revise the Vision statement’s Pledge item 1 to reference “vehicular” travel instead of “automobile” travel and include Pledge item 2 to state “promote a healthy and active community by providing transportation opportunities for bicyclist and pedestrians.” (Preface, page 3, paragraph 2) 230 2 • Revise Goals, Policies, and Implementation Measures section to include a new Goal CI- 1b stating “Encourage healthy, active living, reduce traffic congestions and fossil fuel use, and improve the safety and quality of life of residents of the City of Saratoga by providing safe, convenient, and comfortable routes for walking, bicycling, and public transportation.” and Policy 1.3 stating “Provide safe, convenient and comfortable routes for walking, bicycling, and public transportation that encourage increased use of these modes of transportation, enable convenient travel as part of daily activities, improve the public welfare by addressing a wide array of health and environmental problems, and meet the needs of all users of the streets, including children, older adults, and people of disabilities.” (page 37, paragraph 4 and 7) Per City Council’s request, the changes discussed above have been incorporated into the revised Draft Circulation Element, dated November 17, 2010 (Attachment 1a). Adoption of the Circulation Element would also include adoption of a conforming amendment to replace the existing trails map in the Open Space Element (Attachment 1b). Replacing the existing trails map within the Open Space Element would fix inconsistencies between the trails map in the Circulation Element and Open Space Element. FISCAL IMPACTS: The approved contract amount with Fehr and Peers to prepare the Circulation Element was $14,000. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Circulation Element update would not be adopted and the current Circulation Element would remain in effect. ALTERNATIVE ACTION: • Continue this item and direct staff and consultants to revise the Circulation Element, or • Do not approve the Circulation Element update. This will leave the existing Circulation Element as the City’s land use regulatory document. FOLLOW UP ACTION: None required. ADVERTISING, NOTICING AND PUBLIC CONTACT: A public notice of the Circulation Element update was sent to all adjoining jurisdictions, all regional traffic management agencies, all tribal agencies and school districts within the City’s jurisdiction, the Santa Clara County Recorder’s office and the State Clearinghouse. 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.saratoga.ca.us. Notice of this meeting was properly posted and published in the Saratoga News on November 2, 2010. 231 3 ATTACHMENTS: 1. Resolution to adopt the Circulation and Scenic Highway Element with the following attachments: a. Draft Circulation and Scenic Highway Element – November 17, 2010 b. Draft Trails Map – Open Space and Conservation Element 2. Staff Report – City Council Meeting – Oct. 20, 2010 232 Attachment 1 CITY OF SARATOGA CITY COUNCIL RESOLUTION NO: ________ APPLICATION NUMBERS: GPA10-0001 ADOPTING AN UPDATED CIRCULATION AND SCENIC HIGHWAY ELEMENT AND AMENDING THE OPEN SPACE AND CONSERVATION ELEMENT WHEREAS, a General Plan must contain certain elements, including a Circulation Element which sets forth goals, policies and programs for travel and transportation and the location of existing and proposed transportation routes and other local public facilities for transportation within the City; and WHEREAS, on September 8, 2010 the Planning Commission held a duly noticed Public Hearing on the draft Circulation and Scenic Highway Element and related planning actions described below at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the proposed update of the Circulation and Scenic Highway Element and an amendment to the Open Space and Conservation Element, CEQA documentation, correspondence, presentations from the public, and all testimony and other evidence presented at the Public Hearing. The Planning Commission recommended that the City Council adopt the updated Circulation and Scenic Highway Element and all related General Plan, ordinance, and other amendments; and WHEREAS, on October 20, 2010 the City Council held a duly noticed Public Hearing on the draft Circulation and Scenic Highway Element and related planning actions described below at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The City Council considered the proposed update of the Circulation and Scenic Highway Element and an amendment to the Open Space and Conservation Element, CEQA documentation, correspondence, presentations from the public, and all testimony and other evidence presented at the Public Hearing; and WHEREAS, the amendment to the trails map within the Open Space and Conservation Element is intended to ensure conformance with the trails map within the Circulation and Scenic Highway Element; and WHEREAS, environmental review was completed in the form of an Initial Study and it was determined that the proposed adoption of the Circulation and Scenic Highway Element, and the amendment to the City’s Open Space and Conservation Element, would not result in potential significant impacts on the environment and a Negative Declaration was approved on October 20, 2010; and WHEREAS, the City Council finds that the Circulation and Scenic Highway Element and the proposed amendment to the Open Space and Conservation Element are consistent with the remaining portions of the City of Saratoga General Plan. NOW, THEREFORE, the City Council of the City of Saratoga does hereby adopt the Circulation and Scenic Highway Element attached hereto as Exhibit 1, and amends the 233 2 Open Space and Conservation Element by replacing Exhibit OSC-2 with the exhibit attached hereto as Exhibit 2. PASSED AND ADOPTED by the City Council of the City of Saratoga, this 17th day of November, 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kathleen King Mayor ATTEST: ____________________________________ Ann Sullivan City Clerk Exhibit 1 – Circulation and Scenic Highway Element Update (November XX, 2010) Exhibit 2 – Updated Exhibit OSC-2 234 CIRCULATION AND SCENIC HIGHWAY ELEMENT UPDATE CITY OF SARATOGA, CALIFORNIA BACKGROUND REPORT AND GOALS, POLICIES, AND IMPLEMENTATION MEASURES PREPARED FOR: CITY OF SARATOGA November 17, 2010 235 CIRCULATION AND SCENIC HIGHWAY ELEMENT UPDATE CITY OF SARATOGA, CALIFORNIA BACKGROUND REPORT AND GOALS, POLICIES, AND IMPLEMENTATION MEASURES PREPARED FOR: CITY OF SARATOGA PREPARED BY: FEHR & PEERS. November 17, 2010 236 VISION STATEMENT It is the intent of the City that the emphasis on maintaining the character of Saratoga as expressed in the General Plan and Specific Plans be affirmed, preserved and furthered by the goals, policies and implementation measures presented in the Year 2010 Circulation and Scenic Highway Element Update. Additionally, it is the intent of the City that the mandate expressed by the citizens of Saratoga to control density, traffic, and noise be affirmed, preserved and furthered by the goals, policies and implementation measures presented in this document. The City also pledges to : 1) improve the transportation system by balancing the needs of bicyclists, pedestrians, and transit users with considerations for safe vehicular travel, 2) promote a healthy and active community by providing transportation opportunities for bicyclist and pedestrians, and 3) be a responsible partner in developing regional transportation solutions. Where any inconsistency or conflict appears in interpreting this document, the strong value that Saratogans place on the character of the City shall weigh heavily in the resolution of such conflict. 237 TABLE OF CONTENTS Chapter Page I. INTRODUCTION ...........................................................................................1 II. EXISTING TRANSPORTATION SYSTEM ..................................................4 III. OTHER CIRCULATION ISSUES ................................................................ 21 IV. SCENIC HIGHWAYS AND CORRIDORS .................................................24 V. FUTURE CONDITIONS ...............................................................................25 VI. GOALS, POLICIES, AND IMPLEMENTATION MEASURES .................36 TECHNICAL APPENDICES APPENDIX A: LEVEL OF SERVICE TABLES FOR ROADWAY SEGMENTS 238 LIST OF TABLES Table Page 1. Mode Share of Saratoga Residents ..........................................................................4 2. Existing Roadway Segment Levels of Service ......................................................12 3. Transit Load Factors – Routes Serving Saratoga ...................................................15 4. Year 2030 Roadway Segment Levels of Service ...................................................26 5. Existing and Future Vehicle Miles of Travel (VMT) ............................................28 LIST OF FIGURES Figure Page 1. City Map ..................................................................................................................6 2. Current Roadway Classifications .............................................................................9 3. Existing Daily Traffic Volumes .............................................................................11 4. Existing Transit Service .........................................................................................16 5. Existing Bicycle Facilities .....................................................................................20 C-1 Existing and Proposed Roadways .........................................................................50 C-2 Roadway Classifications .......................................................................................51 C-3 Truck Routes .........................................................................................................52 C-4 Existing Transit Service ........................................................................................53 C-5 Existing and Proposed Bicycle Facilities ..............................................................54 C-6 Existing and Proposed Trails/Pedestrian Paths .....................................................55 239 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 1 I. INTRODUCTION What is a Circulation and Scenic Highway Element? A Circulation and Scenic Highway Element is one of seven required elements of a City or County’s General Plan. California Government Code Section 65302 (b) specifies that the Circulation Element of a General Plan shall identify the proposed location and extent of major thoroughfares, terminals, and services designed to transport people and goods. The City of Saratoga’s transportation system is comprised of roadways, bikeways, sidewalks and trails, transit facilities and services, and rail lines. The Circulation and Scenic Highway Element addresses all travel modes and includes the goals, policies, and implementation programs that guide the development and maintenance of the transportation system. Scenic highway designations and corridor preservation issues are also addressed as part of this element. Why Update the Circulation Element? The Circulation Element was last updated in 2000. Over the last ten years, the City of Saratoga has not seen significant changes in its transportation system, and traffic volumes have decreased by approximately ten (10) percent. Because the vast majority of land use within Saratoga is essentially built-out, future travel demand will be generated by redevelopment, in-fill projects, and additional through traffic. Thus, the primary goal of the Circulation Element is to manage and improve the efficiency of the existing transportation system. Background The transportation system in Saratoga was originally developed before the City was incorporated and was based on planning principles for rural communities. These principles included construction of numerous local streets without finished curbs, gutters or sidewalks, extensive use of natural landscaping, and development of an arterial street system that radiated from the Village area along Big Basin Way. Due to the hilly terrain and natural setting, some City streets include narrow travel lanes that are less than the 12-foot standard used in many urban areas. The City maintains an on-going effort to eliminate sight distance limitations caused by trees and shrubs or by structures built before recent setback standards were implemented As the City has developed and overall travel demand has increased, the focus of Citywide circulation traffic volumes has shifted from congestion in the Village area to neighborhood traffic management and school circulation. Traffic volumes on City streets have decreased approximately ten (10) percent since 2000. This decrease is not unexpected due to the economic boom that occurred in the late 1990s and the current recession. Although traffic volumes have decreased, opportunities to expand alternative travel modes have been limited because of: 1) the original planning principles to minimize the number of sidewalks, 2) insufficient roadway width or right-of-way to accommodate both on-street parking and separate bicycle facilities, and 3) the low-density development pattern that makes transit service less efficient. The City has consistently made a conscious effort to retain the rural character of the 240 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 2 community while providing adequate capacity and safety for vehicles and other modes of travel. Local residential streets are the framework around which the neighborhoods in Saratoga are built. To a great extent, the pattern and design of streets help shape neighborhood image and identity, and can influence whether or not residents of an area feel safe, the degree of communication neighbors have with each other, the degree to which residents use alternative modes for personal travel, and the general feeling of well-being and comfort related to their immediate environment. Regulatory Agencies The City of Saratoga has jurisdiction over all City streets and City-operated traffic signals. The SR 85 freeway, its ramps, and SR 9 (Saratoga-Los Gatos Road and Big Basin Way) are under the jurisdiction of the State of California Department of Transportation (Caltrans). A short section of Lawrence Expressway is under the jurisdiction of Santa Clara County. The Santa Clara Valley Transportation Authority (VTA) is an independent special district responsible for congestion management, specific highway improvement projects, countywide transportation planning, and bus and light rail operations in Santa Clara County. The VTA is the Congestion Management Agency (CMA) for jurisdictions within the County and sets the State and Federal funding priorities for improvements affecting Congestion Management Program (CMP) facilities, as well as non-automobile facilities. CMP facilities in Saratoga include SR 85, SR 9 (Saratoga-Los Gatos Road and Big Basin Way), Saratoga-Sunnyvale Road, and Saratoga Avenue (east of SR 85). In Saratoga, the VTA provides fixed-route bus and paratransit service. The regional transportation planning agency for the San Francisco Bay Area is the Metropolitan Transportation Commission (MTC), which is the clearinghouse for both State and Federal funds for transportation improvements. Each county’s CMA, including the VTA, forwards their Capital Improvement Project (CIP) list to MTC for review. MTC prepares the regional priority list based on input from all nine Bay Area counties and submits it to the California Transportation Commission (CTC) and/or the Federal Highway Administration (FHWA) for funding. Community Input Participation from Saratoga residents and public officials was an integral part of the Circulation Element update process. Community input ensures the Circulation Element reflects the issues and opportunities identified by the community. The main concerns for this Circulation Element update were focused on updating bicycle paths, lanes, and routes on the Bicycle Facilities Map, verifying consistency between the trails map within the Circulation Element and the trails map within the Open Space/Conservation Element, and accurately describing the existing transportation system, goals, policies, and implementation measures that form the vision of the City’s circulation plan. Numerous groups met to discuss circulation issues with regards to the Circulation Element update. The Pedestrian, Equestrian, and Bicycle Trails Advisory Committee (PEBTAC) met numerous times in 2007, 2008, and 2009 to discuss changes to the Bicycle Facilities Map. The City Council 241 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 3 and Traffic Safety Commission (TSC) also met in 2009 to discuss the Bicycle Facilities Map and changes to the element. PEBTAC also discussed changes to the trails maps in May and June 2010. After thorough review of the maps, recorded documentation, and site visits, corrections to both trails maps were made and brought into conformity. These meetings were open to the public, noticed on standard meeting agendas, and included on the City’s website. A joint public meeting was also held by the TSC and PEBTAC in May 2010. The meeting was held to solicit additional public input on the background report and draft goals, policies, and implementation measures for the Circulation Element, as well as discuss any issues regarding the Bicycle Facilities Map and Trail Map. These meetings were advertised through the Saratoga News, noticed on the City’s website, and posted as a TSC agenda item. The Circulation Element is tentatively scheduled to be reviewed by the Planning Commission on September 8, 2010 before recommending approval of the Circulation Element to the City Council. City Council reviewed the Circulation Element in October 2010 and approved it in November 2010. 242 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 4 II. OVERVIEW OF EXISTING TRANSPORTATION SYSTEM The current use of each travel mode is presented followed by descriptions of each component of the existing transportation system: roadways, bicycle and pedestrian facilities, transit services and facilities, and rail lines. Figure 1 shows a map of the major roadways within Saratoga. Travel Mode Data Saratoga residents use a variety of modes to travel. Table 1 shows the proportional share by travel mode for Saratoga residents commuting to work based on the most recent Census data. TABLE 1 Travel to Work Mode Share - Saratoga Residents Transportation Mode Share (%) Drive Alone Carpool/Vanpool Bus Bicycle Walk Other1 85.4 5.0 0.9 0.2 0.9 7.6 Notes: 1 Includes motorcycle riders, worked at home and other modes. Source: U.S. Census 2000, Summary File 3. The vast majority of work trips (more than 85 percent) are made by single-occupant vehicles. Carpools/vanpools or ridesharing comprises the second highest share at five (5.0) percent. Transit, bicycle and pedestrian trips comprise approximately two (2.0) percent of the commute trip total. Interestingly, the drive alone rate decreased by approximately 3.5 percentage points from Year 1990 to 2000. Based on two previous mode share studies and anecdotal evidence approximately 90 percent of local elementary students arrive and depart by automobile. This trend is due to an open enrollment system (where a student may attend any school in the district) and the lack of dedicated school bus service. Existing Roadway System Regional roadway access to Saratoga is provided by three major freeways: State Route (SR) 85, Interstate 280 (I-280), and SR 17. Only SR 85 provides direct access to Saratoga via interchanges at Saratoga Avenue and South De Anza Boulevard (in Cupertino). Access to SR 17 is provided by Saratoga-Los Gatos Road, which is designated as SR 9, and via SR 85. Lawrence Expressway also serves regional traffic and links Saratoga to Santa Clara and Sunnyvale. As shown on Figure 1, the major roadways carry traffic between various areas of Saratoga as well as to other nearby cities. Local roadway access within Saratoga is provided by a network of streets that was specifically designed to discourage cut- through traffic in neighborhood areas. Unfortunately, increased congestion on some of the major roadways, especially near the SR 85/Saratoga Avenue interchange, has led to increased diversion through neighborhoods. Brief descriptions of the key roadways within the City are presented below. State Route 85 (SR 85) is six-lane freeway linking U.S. Highway 101 (US 101) in Mountain View to US 101 in south San Jose. The median lane in both directions is 243 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 5 designated for use by High Occupancy Vehicles (HOVs) and motorcycles during peak periods. HOVs include carpools, vanpools and buses. Full-access via ramps is provided at Saratoga Avenue between Fruitvale and Cox Avenues. Saratoga-Los Gatos Road (SR 9) is a two- to four-lane roadway extending between Big Basin Way in Saratoga and SR 17 in Los Gatos. A center two-way left-turn lane is provided on selected segments of this road within Saratoga. Saratoga-Los Gatos Road is designated as SR 9 and is under the jurisdiction of the California Department of Transportation (Caltrans). Saratoga Avenue is a two- to six-lane street linking Saratoga-Los Gatos Road (SR 9) with Scott Boulevard in the City of Santa Clara. In Saratoga, this street includes two lanes between SR 9 and Fruitvale Avenue, and four lanes north of this point to the City limits. Saratoga-Sunnyvale Road is a four-lane, north-south road extending between Saratoga Avenue and Prospect Road. North of Prospect Road in the Cities of Cupertino and San Jose, this roadway is designated as South De Anza Boulevard and includes six travel lanes. Prospect Road is a two- to four-lane east- west roadway extending between Stevens Creek County Park and Saratoga Avenue. Several north-south collector streets connect to Prospect Road through Cupertino including Blaney Avenue, Miller Avenue, and Johnson Avenue. The majority of Prospect Road forms the boundary between Saratoga and the Cities of San Jose and Cupertino. A short segment of this road includes five through lanes between Saratoga Avenue and Lawrence Expressway. Fruitvale Avenue is a two- to four-lane street linking Saratoga Avenue to Saratoga-Los Gatos Road (SR 9). It is two lanes wide south of Burgundy Way. Fruitvale Avenue is the primary access to West Valley College and also serves Redwood Middle School, a Post Office, and Saratoga City Hall at Allendale Avenue. Cox Avenue is an east-west street extending between Saratoga-Sunnyvale Road and Quito Road. The majority of this street includes two travel lanes, with a four lane segment between Saratoga Avenue and Paseo Presado. As part of the City’s neighborhood traffic management efforts, the two-lane segment east of Paseo Presado includes a speed table to discourage speeding. Between Prospect Road and Saratoga-Los Gatos Road, Cox Avenue is the only east-west street providing a direct connection across Saratoga between Saratoga-Sunnyvale Road and Quito Road. Allendale Avenue is a two-lane, east-west roadway linking Fruitvale Avenue and Quito Road. As noted above, this street provides access to the Saratoga Civic Center, Post Office, and Redwood Middle School west of Fruitvale Avenue. Secondary access to West Valley College is provided on Allendale Avenue. Quito Road, with the Sunland exception forms the City’s eastern boundary. Quito Road links Lawrence Expressway with four lanes to Cox Avenue, proceeding south to Saratoga-Los Gatos Road as two lanes. Big Basin Way is a two-lane roadway between Saratoga-Los Gatos Road and Pierce Road. West of Pierce Road, this roadway is called Congress Springs Road and connects to Skyline Boulevard (SR 35). Big Basin Way is designated as SR 9. 244 Legend: Fehr & Peers Page 6 Revised May 2010 Saratoga City Boundary Roads Waterways Figure 1 City Map City of Saratoga Circulation and Scenic Highway ElementCity of Saratoga Circulation and Scenic Highway Element Sara t o g a Sara t o g a AveAve . Fr u i t v a l e Fr u i t v a l e Av e . Av e . Allllendndale Ave.Ave. .d R o t i u Q S ar a ar a to g to g a-L o -L o s G a toto s R d . B igig BasBas inin Wy. Sa r a t o g a - S u n n y v a l e Sa r a t o g a - S u n n y v a l e Rd Rd . CoxCox AveAve. Prospecect Rd. Pier c e Pier c e RdRd . Pro s p e c t Pro s p e c t RdRd . Mi l l e r A v e . Mi l l e r A v e . L a w r e n c L a w r e n c e E x E x p w p w y. HerrimanHerriman AveAve. So b e y R d . So b e y R d . 9 9 85 85 City of Saratoga Circulation and Scenic Highway Element Sara t o g a A v e . Fr u i t v a l e A v e . Allendale Ave. .d R o t i u Q S a r a to g a- L o s G ato s R d . Big Bas i n W y . Sa r a t o g a - S u n n y v a l e R d . Cox Ave. Prospect Rd. Pier c e R d . Pro s p e c t R d . Mi l l e r A v e . L a w r e n c e E x p w y. Herriman Ave. So b e y R d . 245 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 7 Pierce Road is a two-lane roadway linking Congress Springs Road (SR 9) with Saratoga-Sunnyvale Road. This roadway traverses hilly terrain and provides access to numerous local and collector streets in the western hills. As part of the City’s neighborhood traffic management efforts, this street includes two speeds humps just east of Saratoga-Sunnyvale Road. Roadway Classifications To better identify the character of a roadway, all streets and highways are classified depending upon the service they provide. For example, some facilities are designed to serve high traffic volumes across the City, while others are designed to serve low volumes and to distribute traffic within a limited area. Prior to the 2000 General Plan, roadways were classified based on the functional classification system typically used by the Federal Highway Administration (FHWA) and illustrated on California Road Systems (CRS) Maps. The functional classification system emphasizes vehicle travel and focuses on the street environment between the curbs. In the 2000 General Plan, City roadways were identified based on the following classifications: interstate freeway, other freeway or expressway, major arterial, minor arterial, and collector. All other streets are assumed to be local streets. In determining the appropriate classification system for a given roadway, the City has and will continue to recognize that transportation corridors have multiple users (i.e., drivers, bicyclists, pedestrians, and transit users) and that adjacent land uses also influence the functionality and character of the street environment. A map of the City’s adopted roadway classification system is shown on Figure 2. The City does not have an officially adopted classification system. Although the current General Plan map identifies some arterial roadways and collector streets, no distinction is made between types of arterial roadways (principal/major vs. minor). For discussion purposes, roadways have been classified into seven categories: freeways, expressways, major and minor arterials, collectors, local streets, and hillside streets. Portions of Prospect Road and Quito Road that are located in adjacent jurisdictions may be designated differently by those agencies. General definitions of these classifications and example segments are presented below. • Freeways. Freeways are limited- access, high-speed travelways included in the State and Federal Highway systems. Freeways are facilities designed solely for traffic movement, providing no access to abutting properties, and designed to separate all conflicting traffic movements through the use of grade- separated interchanges. The only freeway in the City is State Route (SR) 85. • Expressways. Expressways are high- speed, limited-access streets designed to facilitate the movement of high traffic volumes. Expressways are designed to serve both regional through and local traffic and ideally connect other regional roadways and freeways. Expressways are maintained and operated by the Santa Clara County Roads and Airports Department. While the city coordinates with the County regarding expressway operations and improvements, the County controls access to and operation of traffic 246 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 8 signals on each of these facilities. The only expressway facility within the city limits is a very short segment of Lawrence Expressway north of Saratoga Avenue. • Major and Minor Arterials. Arterial roadways are major streets that primarily serve through traffic and provide access to abutting properties as a secondary function. Arterials are generally designed with two to six travel lanes and major intersections are signalized. This roadway type is divided into two categories: major and minor arterials. Major arterials are typically four- or more lane roadways and serve both local and through traffic. Minor arterials are typically two- to four-lane streets and serve local and commute traffic. Examples of major arterials are Saratoga Avenue east of SR 85, Saratoga-Sunnyvale Road, Saratoga- Los Gatos Road, and Quito Road north of SR 85. Minor arterials include Saratoga Avenue west of SR 85, Fruitvale Avenue, Cox Avenue (Saratoga-Sunnyvale Road to Saratoga Avenue), and Quito Road south of SR 85. • Collectors. Collectors are streets that provide land access and traffic circulation within residential, commercial and industrial areas. They connect local streets to arterials and are typically designed with two travel lanes that may accommodate on-street parking. Collector streets include Herriman Avenue, Pierce Road, and Miller Avenue. • Local Streets. Local or residential streets provide direct access to abutting residential properties as their primary function. Local streets have no more than two travel lanes and may or may not accommodate on-street parking. In many areas of Saratoga, local streets do not include sidewalks. 247 Legend: Fehr & Peers Page 9 Revised May 2010 Interstate Freeway (Not Applicable) Other Freeway or Expressway Minor Arterial Collector Major Arterial Figure 2 Current Roadway Classifications City of Saratoga Circulation and Scenic Highway ElementCity of Saratoga Circulation and Scenic Highway Element Sara t o g a Sara t o g a AveAve . Fr u i t v a l e Fr u i t v a l e Av e . Av e . Allllendndale Ave.Ave. .d R o t i u Q S ar a ar a to g to g a-L o -L o s G a toto s R d . B igig BasBas inin Wy. Sa r a t o g a - S u n n y v a l e Sa r a t o g a - S u n n y v a l e Rd Rd . CoxCox AveAve. Prospecect Rd. Pier c e Pier c e RdRd . Pro s p e c t Pro s p e c t RdRd . Mi l l e r A v e . Mi l l e r A v e . L a w r e n c L a w r e n c e E x E x p w p w y. HerrimanHerriman AveAve. So b e y R d . So b e y R d . 9 9 85 85 City of Saratoga Circulation and Scenic Highway Element Sara t o g a A v e . Fr u i t v a l e A v e . Allendale Ave. .d R o t i u Q S a r a to g a- L o s G ato s R d . Big Bas i n W y . Sa r a t o g a - S u n n y v a l e R d . Cox Ave. Prospect Rd. Pier c e R d . Pro s p e c t R d . Mi l l e r A v e . L a w r e n c e E x p w y. Herriman Ave. So b e y R d . 248 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 10 • Hillside Streets. These roads are local streets located in the foothills that have narrow travel lane widths and slower travel speeds. No on-street parking is typically permitted and no right of way is available for separate pedestrian or bicycle facilities. Examples include Bohlman Road and portions of Canyon View Drive. • Heritage Lanes. Two roadways in Saratoga are designated as “heritage lanes.” While not an official roadway classification for circulation purposes, this designation indicates corridors that are maintained to preserve the City’s character. The two roadways with this classification are Saratoga Avenue between Fruitvale Avenue and Park Place, and Austin Way south of Saratoga-Los Gatos Road (SR 9). Existing Traffic Volumes Existing traffic volumes were established with traffic counts conducted in 2006 and 2010. Current daily traffic volumes for the City’s major streets in the City are presented on Figure 3. Daily traffic volumes are used to identify the required number of travel lanes on roadway segments. While intersections represent the constraint points of a roadway system, forecasting specific turning movement volumes 20 or more years in the future can be speculative. In addition, use of daily volumes better illustrates maximum use of a roadway as opposed to focusing only on a one- or two-hour peak period. Roadway Segment Operations The operations of roadways are described with the term level of service. Level of service (LOS) is a qualitative description of traffic operations ranging from LOS A (indicating free flow operations with little or no delay experienced by motorists), to LOS F (indicating congested and oversaturated conditions where traffic flows exceed design capacity and result in long queues and delays). LOS E represents conditions at capacity. Roadway segments in the City of Saratoga were analyzed using comparison of the daily volume to threshold volumes based on roadway type as presented in the technical appendix. It is important to note that daily volume thresholds are used for planning purposes and traffic during peak periods may result in worse operations than illustrated by the daily LOS. The City of Saratoga currently maintains LOS D as the minimal acceptable operation level for intersections that are under the City’s jurisdiction. This same standard was applied to the roadway segment operations analysis. Table 2 shows the existing operations of the key roadway segments identified on Figure 3. 249 Legend: Fehr & Peers Page 11 Revised May 2010 Existing Daily Volumes Note: Traffic counts obtained in 2006 and 2010 Figure 3 Existing Daily Volumes 150 18,300 16,300 26,100 3,000 10,500 31,900 17,800 36,900 32,800 19,900 16,600 7,600 17,500 6,300 13,000 8,500 13,800 16,100 City of Saratoga Circulation and Scenic Highway ElementCity of Saratoga Circulation and Scenic Highway Element Sara t o g a Sara t o g a AveAve . Fr u i t v a l e Fr u i t v a l e Av e . Av e . Allllendndale Ave.Ave. .d R o t i u Q S ar a ar a to g to g a-L o -L o s G a toto s R d . B igig BasBas inin Wy. Sa r a t o g a - S u n n y v a l e Sa r a t o g a - S u n n y v a l e Rd Rd . CoxCox AveAve. Prospecect Rd. Pier c e Pier c e RdRd . Pro s p e c t Pro s p e c t RdRd . Mi l l e r A v e . Mi l l e r A v e . L a w r e n c L a w r e n c e E x E x p w p w y. HerrimanHerriman AveAve. So b e y R d . So b e y R d . 9 9 85 85 City of Saratoga Circulation and Scenic Highway Element Sara t o g a A v e . Fr u i t v a l e A v e . Allendale Ave. .d R o t i u Q S a r a to g a- L o s G ato s R d . Big Bas i n W y . Sa r a t o g a - S u n n y v a l e R d . Cox Ave. Prospect Rd. Pier c e R d . Pro s p e c t R d . Mi l l e r A v e . L a w r e n c e E x p w y. Herriman Ave. So b e y R d . 250 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 12 TABLE 2 Existing Roadway Segment Levels of Service1 Roadway Segment Existing Volume1 Roadway Type Number of Lanes LOS Prospect Road (Saratoga-Sunnyvale Road to Miller Avenue) 16,300 Major Arterial 4 C Prospect Road (Miller Avenue to Lawrence Expressway) 18,300 Major Arterial 4 C Saratoga-Sunnyvale Road (Prospect Road to Cox Avenue) 26,100 Major Arterial 4 D Saratoga-Sunnyvale Road (Cox Avenue to Saratoga Avenue) 17,500 Major Arterial 4 C Pierce Road (Surrey Lane to Comer Dr.) 3,000 Collector 2 B Cox Avenue (Saratoga-Sunnyvale Road to Saratoga Avenue) 10,500 Minor Arterial 2 D Saratoga Avenue (Lawrence Expressway To Cox Avenue) 31,900 Major Arterial 4 D Saratoga Avenue (Cox Avenue to SR 85) 36,900 Major Arterial 4 E Saratoga Avenue (SR 85 to Fruitvale Avenue) 32,800 Major Arterial 4 D Saratoga Avenue (Fruitvale Avenue to Saratoga-Sunnyvale Road) 16,600 Minor Arterial 2 D Big Basin Way (Saratoga-Sunnyvale Road to Pierce Road) 6,300 Minor Arterial 2 C Fruitvale Avenue (Saratoga Avenue to Allendale Avenue) 19,900 Minor Arterial 4 D Fruitvale Avenue (Allendale Avenue to Saratoga-Los Gatos Road) 8,500 Minor Arterial 4 C Allendale Avenue (Fruitvale Avenue to Quito Road) 7,600 Minor Arterial 2 C Quito Road (Saratoga Avenue to Allendale Avenue) 17,800 Major Arterial 2 F Quito Road (Allendale Avenue to Saratoga-Los Gatos Road) 13,800 Minor Arterial 2 D Saratoga-Los Gatos Road (Saratoga Avenue to Fruitvale Avenue) 13,000 Major Arterial 4 D Saratoga-Los Gatos Road (Fruitvale Avenue to Quito Road) 16,100 Major Arterial 4 C Note: 1 Average Daily Traffic (ADT) volume based on traffic counts collected November 2006 and February 2010. 2 Level of Service (LOS) based on roadway capacities defined in the technical appendix. Source: Fehr & Peers, March 2010. 251 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 13 Overall, the City’s daily roadway volumes have decreased by approximately 10 percent as compared to the volumes presented in the 2000 General Plan. The decrease in roadway volumes is not unexpected given the economic boom that occurred in the late 1990s and the current recession. Furthermore, the most recent VTA Monitoring and Conformance Report (2008) demonstrates that the CMP facilities currently operate at acceptable levels. Those facilities are located at (Saratoga-Los Gatos Road and Big Basin Way), Saratoga- Sunnyvale Road, and Saratoga Avenue (east of SR 85). The results in Table 2 show that two of the eighteen study roadway segments are operating near capacity on a daily basis. The two areas of substantial congestion include: • Saratoga Avenue between Cox Avenue and SR 85 • Quito Road between Allendale Avenue and Saratoga Avenue As noted previously, congested daily operations can indicate that overall traffic demand meets or exceeds the capacity of a given segment. However, peak-hour intersection operations and potential intersection improvements should be evaluated prior to recommending widening of roadway segments. This will allow the City to maximize the use of existing infrastructure while balancing the needs of all roadway users. Truck Traffic Truck traffic is not a significant existing problem in the City of Saratoga. The major state highways leading into and traversing the City are not high volume truck routes. SR 9 west of the City is a two-lane road with numerous curves and steep grades and is not conducive to truck travel. Trucks over four and one-half (4.5) tons are not permitted on SR 85. In general, most large trucks travel on Saratoga streets only to make local deliveries, pick-ups, and support new construction. While some complaints occur during construction or remodel of a home or business, issues are localized and addressed through code or law enforcement. Other Traffic Issues Several issues regarding traffic circulation throughout the City have been identified at public meetings and through communications with City Community Development Department staff. These issues are listed below followed by a brief discussion of each. Neighborhood Traffic Problems – Changes in traffic patterns within the City have caused some through traffic to divert to residential collector and local streets at selected locations. Citizens in several neighborhoods have indicated that the traffic volume or travel speeds on some local streets have increased to an unacceptable level, although in many cases, speeding is caused by residents from immediate or adjacent neighborhoods. 252 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 14 The arterial and collector roadways shown in Table 2 are designed to carry substantial traffic volumes. Even a two-lane collector road with numerous access driveways is physically capable of serving traffic volumes in excess of 7,500 vpd without congestion depending on intersection operations, available gaps in traffic, and lane widths. For collector and local streets in residential areas, the volume of traffic generally accepted or tolerated by residents is significantly lower. This threshold is referred to as the “environmental capacity” of a roadway. The environmental capacity relates to the perceived speed of traffic, how difficult it is for residents to back out of driveways, and the overall perception of safety. The environmental capacity of a collector street is often cited as 3,000 to 3,500 vpd. The environmental capacity of a local street is between 1,500 to 2,000 vpd. Residents of some neighborhoods are interested in traffic calming or management techniques to mitigate these problems. Traffic calming measures include changes in street alignment, installation of barriers or other physical devices, and enforcement to reduce traffic speeds and/or cut-through volumes, in the interest of street safety, livability, and other public purposes. Increased enforcement has been identified as a key issue at public meetings regarding Citywide traffic issues. Citizen complaints and issues regarding the volume and speed of traffic on these facilities are typically heard by the Traffic Safety Commission (TSC), which is comprised of seven appointed commissioners that are residents of the City. The TSC works together with City staff, including the City’s Traffic Engineer, and investigates, reviews and analyzes traffic safety issues raised by community members and Public Safety agencies. The Traffic Safety Commission makes recommendations to the City Council regarding traffic safety and the potential implementation of traffic calming devices. As an advisory body, the Commission develops recommendations to the Planning Commission and City Council on transportation improvements and circulation issues. Congestion at Schools – Over the years, vehicle congestion around several City schools has continued to be a controversial issue. The increased traffic is due in part to increased student population, but is more related to a trend in students that are driven to school instead of walking or bicycling. Most elementary schools in Saratoga generate a higher than typical number of vehicle trips due to a lack of sidewalks on many local streets and the ability for students to attend any school within the City. Student pedestrian and bicycle safety is a key concern for residents. Special Event/Concerts – The traffic and parking demand for events at both the Mountain Winery and Villa Montalvo often cause delays for local traffic. Major events at the winery primarily occur on weekends 253 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 15 and affect travel through the Village and on Pierce Road. Off-site parking at West Valley College and shuttle service have been used to reduce traffic for Villa Montalvo events. The City works with operators of both facilities and law enforcement to minimize impacts to City residents and businesses. Transit The Santa Clara Valley Transportation Authority (VTA) operates bus, light rail transit, and paratransit service throughout Santa Clara County. Bus transit service within the City of Saratoga includes six fixed routes (Routes 26, 37, 53, 57, and 58), one limited stop route (Route 328 on Lawrence Expressway), one commuter route (Route 101 on Lawrence Expressway), and paratransit service (dial-a-ride service for qualified individuals). Figure 5 illustrates the bus route paths operating within the City. All of the fixed bus routes, except Route 26, operating through the City terminate at West Valley College and only provide service on Saratoga-Sunnyvale Road, Saratoga Avenue, Quito Road, and Allendale Avenue. No service is provided on Cox Avenue, most of Fruitvale Avenue, and the southern half of Quito Road. VTA ridership statistics or load factors from March 2010 are summarized in Table 3. As shown, at least 68 percent of the available seat capacity is used on the routes serving Saratoga; and two routes (Route 26 and Route 53) have more passengers during peak service times than the available seating capacity. At public meetings, residents have indicated that the time and number of transfers required to access major destinations (e.g., regional malls, downtown San Jose) are deterrents to transit use. Recent reductions in service due to budget constraints have further reduced the attractiveness of transit as a viable alternative to private vehicle use and have negatively affected transit-dependent individuals. Paratransit service is operated under contract with OUTREACH, a private, non-profit paratransit broker. This door-to-door service is provided to riders whom meet the eligibility requirements established by the Americans with Disabilities Act (ADA). TABLE 3 Transit Load Factors – Routes Serving Saratoga Route Capacity Avg. Max Load Load Factor 26 37 53 57 58 38 25 38 38 38 9.4 3.8 4.4 6.6 3.6 0.25 0.15 0.12 0.17 0.09 Notes: Source: Valley Transportation Authority, August 2010. 254 Legend: Fehr & Peers Page 16 Revised May 2010 Figure 4 Existing Transit Service (Effective January 11, 2010) Route 26 Route 53 Route 328 Route 101 Express Route 102 (No Stops in Saratoga) Route NumbersXXRoute 58 Route 57 53 57 53 26 26 328 102 102 58 101 Route 53 57 37 City of Saratoga Circulation and Scenic Highway ElementCity of Saratoga Circulation and Scenic Highway Element Sara t o g a Sara t o g a AveAve . Fr u i t v a l e Fr u i t v a l e Av e . Av e . Allllendndale Ave.Ave. .d R o t i u Q S ar a ar a to g to g a-L o -L o s G a toto s R d . B igig BasBas inin Wy. Sa r a t o g a - S u n n y v a l e Sa r a t o g a - S u n n y v a l e Rd Rd . CoxCox AveAve. Prospecect Rd. Pier c e Pier c e RdRd . Pro s p e c t Pro s p e c t RdRd . Mi l l e r A v e . Mi l l e r A v e . L a w r e n c L a w r e n c e E x E x p w p w y. HerrimanHerriman AveAve. So b e y R d . So b e y R d . 9 9 85 85 City of Saratoga Circulation and Scenic Highway Element Sara t o g a A v e . Fr u i t v a l e A v e . Allendale Ave. .d R o t i u Q S a r a t o g a - L o s G ato s R d . Big Bas i n W y . Sa r a t o g a - S u n n y v a l e R d . Cox Ave. Prospect Rd. Pier c e R d . Pro s p e c t R d . Mi l l e r A v e . L a w r e n c e E x p w y. Herriman Ave. So b e y R d . 255 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 17 Bicycle Facilities Bicycle facilities include bike paths, bike lanes, and bike routes. Definitions of these facility classifications are presented below. • Bike Paths and Trails (Class I). Bike paths are separated facilities designated for exclusive use of bicycles and pedestrians, and are physically separate from roadways by space or barriers. • Bike Lanes (Class II). Bike lanes are lanes adjacent to the outer travel lanes reserved for the exclusive use of bicycles, and designated with special signing and pavement markings. • Bike Routes (Class III). Bike routes are roadways recommended for bicycle use and often connect to bike lanes and bike paths. Routes are designated with signs only and do not have separate bike right-of-way or lane striping. Saratoga has a limited number of dedicated bicycle facilities. Figure 5 depicts the locations of the existing bike lanes, paths, and routes. The paths shown on Figure 5 are multi-use trails and serve both bicycles and pedestrians. Although the segment of Fruitvale Avenue between Allendale Avenue and Burgundy Way has painted shoulder stripes, the narrow shoulder includes a concrete valley gutter, which does not meet Caltrans standards or Valley Transportation Authority guidelines for bicycle lanes. Saratoga-Los Gatos Road (SR 9) has continuous shoulder stripes along its length through the City of Saratoga. In most sections, the width of the shoulder meets Caltrans standard for bicycle lanes and the lanes are painted and signed as such. However, intermittent segments exist where the current striping does not meet Caltrans standards for bike lanes and the sections are officially designated bike routes, even though the shoulder width provides sufficient room for bicyclists to travel. In August 2008, VTA adopted the Santa Clara Countywide Bicycle Plan (CBP). The CBP guides the development of major bicycling facilities by identifying Cross County Bicycle Corridors and other projects of countywide or intercity significance. Seven of the County’s 24 roadway bicycle corridors and one of the County’s ten separated path/ trail corridors traverse the City of Saratoga and provide direct bicycle connections to the surrounding jurisdictions. These routes primarily run along Prospect Road, Saratoga Avenue, Quito Road, Saratoga-Sunnyvale/Saratoga-Los Gatos (SR 9), Allendale Avenue, Miller Road, and Cox Avenue. Other important types of bicycle facilities are Bicycle and Pedestrian Bridges, Tunnels, at At-Grade Railroad Crossings. In the 2008 CBP these facilities are referred to as Across Barrier Connections (ABCs). These facilities provide important connections for pedestrians and bicyclists across physical 256 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 18 barriers, such as freeways, rivers, creeks, and railroad tracks. Travel distances for bicyclists and pedestrians can be significantly reduced by providing connections across these barriers, and therefore, they help increase the viability of bicycle and pedestrian travel. SR 85 and the parallel running UPRR tracks traverse through the northern part of the City of Saratoga at a northwest-southeast angle and are the major barrier to pedestrian and bicycle travel within the City. The City of Saratoga has two Bicycle and Pedestrian Bridges that provide direct connections across SR 85: • Azule Park on Goleta Avenue to Kevin Moran Park on Scully Avenue. • Seagull Way to Kevin Moran Park on Scully Avenue. The City does not maintain any official crossing of the UPRR, though there are future plans to provide an at-grade pedestrian crossing between Fredericksburg Drive and Guava Court. This improvement is discussed in more detail in the section on Future Conditions and “Suggested Routes to School,” since this crossing of the UPRR tracks would provide a direct connection to Blue Hills Elementary School. Figure 5 illustrates the locations and type of ABCs within the City of Saratoga. The City of Saratoga also has several short- cuts and school pathways that use easements, parks or other means to reduce the trip length of bike and walk trips. Such pathways include but are not limited to the connection between Saratoga Avenue and Fruitvale Avenue that runs through the orchard and connects to the Saratoga Library. Another pathway travels between Saratoga Avenue at Herriman Avenue to Redwood Elementary School. These pathways are an important bicycle and pedestrian infrastructure that serve the residents of the City of Saratoga. Pedestrian and Equestrian Facilities Pedestrian facilities improve safety for pedestrians and can also encourage the use of alternative modes of transportation. These facilities include sidewalks, paths, pedestrian bridges, crosswalks, and pedestrian signals with crosswalks at signalized intersections to accommodate pedestrian circulation. Many of the streets in Saratoga do not have sidewalks because of the City’s rural planning principles. Of particular importance are the streets leading up to and around some schools that do not have sidewalks or are served by discontinuous sidewalk segments. Lack of sidewalks forces school children to share the roadway with vehicles. In many instances, parents elect to drive their students to school to avoid potential conflicts with vehicle traffic. Also noted as an issue is existing gaps in pedestrian paths or sidewalks on the major and minor arterial roadways throughout the City. The City of Saratoga prepared an Open Space and Conservation Element in 2007. This document identified existing and proposed trails throughout the City. The existing trails are shown on Figure 6. Both pedestrians and bicyclists can use existing paved trails, like those on Fruitvale Avenue. Equestrians currently use the existing trail system for recreation purposes. The majority of horseback riding occurs in the western hills of the City near Pierce Road with some activity in other areas including Sobey Road and south of SR 9. 257 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 19 Rail Service The City is currently served by a single rail line that extends generally parallel to SR 85 between Prospect Road and Quito Road. The rail line crosses six streets in Saratoga with one grade-separation (Saratoga Road), four at-grade crossings with gates (Prospect Road, Saratoga-Sunnyvale Road, Glen Brae Drive and Quito Road), and one at-grade crossing with lights but no gates (Cox Avenue). The railroad is currently operated by Union Pacific Company and is only used by the Lehigh Permanente Quarry and Cement Plant (formerly Kaiser-Permanente). Trains run between Milpitas and the Quarry on Mondays, Wednesdays, and Fridays at 9:00 am, and the trains return at around 2:00 pm. Trains do not stop within the City and do not substantially impact vehicular traffic. 258 Legend: Fehr & Peers Page 20 Revised August 2010 Arr o y o d e A r g u e l l o Elv a A v e . Figure 5 Existing Bicycle Facilities Bicycle Lanes (Class II Facilities) Bicycle Routes (Class III Facilities) Expressway Segments (Bicycles Permitted) Bicycle Paths (Class I Facilities) - See Existing Trail Easements Bicycle Lanes/Routes (Class II/III Facilities) Note: Based on city designation, some facilities do not not include signage or adequate bike lane width. Note: Most sections of Saratoga-Los Gatos Rd. include bike lanes. On intermittent segments, current striping does not meet Caltrans standards for bike lanes and these sections are technically considered bike routes, even though the shoulder width provides sufficient room for bicyclists to travel. Across Barrier Connections 0 3,000 6,0001,500 Feet City of Saratoga Circulation and Scenic Highway Element 259 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 21 III. OTHER CIRCULATION ISSUES In addition to the transportation facilities and services described in Chapter II, the circulation-related issues in this chapter will be used to formulate policies in the Circulation and Scenic Highway Element update. Traffic Calming As noted in Chapter II, some local streets have experienced increases in traffic resulting from changes in travel patterns and overall changes in regional through traffic throughout Santa Clara County. Other problems such as speeding on residential streets and those near schools are also potential candidate streets for calming measures. Traffic calming measures are the focal point of overall neighborhood traffic management. Suggested Routes to School As noted in Chapter II, the rural planning principles employed in Saratoga include not constructing sidewalks on many local residential streets to reduce the amount of impervious surface and to maintain a high level of visual quality. Given the relatively low traffic volumes on most streets, the combination of pedestrian and vehicle traffic in the roadway does not typically result in problems. However, many parents of elementary school-age children do not permit their children to walk to school because of potential vehicle-pedestrian conflicts. Painted crosswalks at some intersections help to delineate the desired path for students walking between various neighborhoods and their school. Thus, many students are driven to and from school, and the result is increased congestion and delay. These factors contribute to an increase in the vehicle-pedestrian conflict potential, especially in the immediate vicinity of the school. Although the school districts have been actively participating in efforts to increase ridesharing to reduce overall traffic volumes at elementary schools, additional measures will be necessary to decrease the number of students driven to school. 260 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 22 Part of the problem may be that many parents are unaware of route options their children could use to get to and from school. Some routes include streets with traffic control devices that make drivers more aware of other vehicular and pedestrian traffic. For example, a student crossing at a stop sign- controlled intersection is preferable over crossing at an uncontrolled location. The four elementary school districts in Saratoga (Saratoga Union, Cupertino Union, Campbell Union, and Moreland) and the various private schools have not formally adopted a Suggested Routes to School Program. This program would help parents identify appropriate travel paths for student pedestrians and bicyclists. Implementation of such a program could also help to reduce vehicle trip generation at most school locations and through neighborhoods. Although the district would likely establish and maintain such a program, the City would be an effective partner in preparing the inventory of traffic control devices and streets. Parking Parking is typically considered a separate issue from overall circulation. However, the presence of on-street parking has a direct effect on roadway capacity. In addition, off- street parking deficiencies can cause vehicles to re-circulate on public streets, increasing traffic volumes and congestion by reducing capacity for through traffic. Saratoga’s zoning ordinance includes parking requirements to ensure that adequate numbers of spaces are provided on-site for most uses, as well as minimum stall dimensions that are consistent with current standards for other jurisdictions. These regulations apply to all new developments and may be applied to existing uses that are modified or expanded. Valet parking is provided at two restaurants on Big Basin Way (SR 9) in the Village area. At peak times, parking demand exceeds the available number of on-street and off-street spaces in the immediate vicinity of these establishments. The valet service is provided for La Fondue and the Plumed Horse on Big Basin Way past 4th Street. This is one method of maximizing the use of available parking and reducing conflicts with street traffic. Transportation Demand Management Programs Transportation Demand Management (TDM) programs are designed to reduce the number of vehicle trips and the amount of peak period traffic by encouraging employees to use modes other than the single-occupant automobile for transportation to and from the workplace and to travel during non-peak times. Typical TDM components include: 261 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 23 • On-site TDM coordinator • Carpool/vanpool match program and preferential parking for carpools/vanpools • Secure bicycle storage facilities • On-site shower facilities • Flex-time (i.e., staggered hours that begin and/or end outside the peak commute hours) • Alternative work schedules (e.g., 9/80 schedule) • Provisions for telecommuting • Shuttle bus service • Guaranteed ride home program • Cash incentives/Transit subsidies/On site transit pass sales • Education programs The City does not have adopted policies or implementation programs regarding specific TDM measures. Recent court decisions have restricted the methods by which jurisdictions can require TDM measures for developments. Typically, TDM measures are included as part of a project through the development agreement process for new projects or through approval of use permit modifications for existing developments. The City strongly supports methods that decrease the overall vehicle travel demand and encourages residents and employees to maximize the use of TDM measures. Transportation Impact Analysis (TIA) Reports The City requires some new development and redevelopment projects to prepare a transportation impact analysis (TIA) to evaluate the effect of these projects on the current transportation system. City staff has the discretion to require focused studies regarding access, sight distance, and other operational and safety issues, in addition to or in lieu of roadway/intersection capacity analysis. To the extent possible, the analysis of transportation impacts should be consistent with the criteria maintained by the VTA, the regional planning agency for Santa Clara County. Impact criteria for freeways, intersections, and alternative modes are published in the VTA’s guidelines for impact analyses. For developments that cause significant and unavoidable impacts, the City should use its discretionary approval process to determine whether the project would provide a clear and overall benefit to Saratoga. The TIA process allows the City to request specific improvements from private developers based on the relative impact of the project. 262 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 24 IV. SCENIC HIGHWAYS AND CORRIDORS Background The undulating terrain and extensive natural and cultivated foliage in and around Saratoga provide scenic drives throughout the City. As development in the hillside areas has increased, the City has employed strict policies to preserve the natural beauty of the mountains. In addition, many of the City’s collector and local streets are very attractive. A scenic highway provides the motorist with a continuous, varied visual experience. Scenic highways are selected by how pleasing the field of vision is for touring vehicles. Roadways can be officially designated as “scenic” through either the State Scenic Highways program or through the Santa Clara County Scenic Highways program. The State Scenic Highway Element’s legislative authority was passed into State law on April 16, 1971. Saratoga originally adopted its Scenic Highways Element in 1974. The most recent Guidelines for the Official Designation of Scenic Highways was updated by Caltrans in March 1996. The purpose of the element is to inventory scenic corridors and to develop plans to protect them. The Master Plan for Scenic Highways identifies those highways that are eligible for official designation as State Scenic Highways. Eligible highways can only become officially designated by the State after the local jurisdiction has adopted and implemented a plan to protect and enhance the scenic corridor. A detailed list of current officially designated State highways and eligible routes is maintained by Caltrans and is available on its web site (www.dot.ca.gov). County roadways may be designated County Scenic Highways and are protected by the Santa Clara County zoning ordinance which requires 100-foot setbacks for buildings and structures along the scenic route. The County Board of Supervisors, on advice from the State Department of Transportation, designates those roads that qualify as officially designated County Scenic Highways. Existing Scenic Corridors Currently, SR 9 is officially designated as a State Scenic Highway Corridor from the Los Gatos city limit (east of Saratoga), through the Village, to SR 35/Skyline Boulevard at the Santa Cruz County Line (i.e., at Saratoga Gap). Based on the section 3.30.050 of the Santa Clara County Municipal Code, five roadway segments are currently designated as County Scenic Roadways: • Skyline Boulevard (Saratoga Gap to Loma Prieta) • Congress Springs Road (Saratoga Gap to the Saratoga City limit) • Bohlman Road/Montevina Road • Mt Eden Road • Sanborn Road 263 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 25 V. FUTURE CONDITIONS The City of Saratoga is essentially built out with the majority of vacant parcels located in the western and southern hillside areas. These areas are typically zoned for single- family residential development at low densities. Some redevelopment in the City is projected, however, the commercial areas are generally well-established and substantial traffic growth from land uses in the City is expected to be limited. The majority of increases in traffic volumes is expected to result from increased through traffic; that is, vehicles that do not have an origin or destination in Saratoga. Future Traffic Volumes Future traffic volumes for the major streets in Saratoga were developed based on forecasts from the Countywide transportation demand model maintained by the Santa Clara Valley Transportation Authority (VTA). The countywide model includes a roadway network of the major streets and highways in the County plus land use aggregated for specific geographic areas. Models representing 2005 and 2030 roadways and land uses were utilized for this analysis. The land use assumptions are based on forecasts prepared by the Association of Bay Area Governments (ABAG) and approved by each City. A review of the land use inputs show that the total population increase between 2005 and 2030 is approximately 2,400 persons, while the total number of jobs in the City is expected to increase by approximately 950 during this period. 2005 and 2030 traffic volumes on selected roadway segments in the City of Saratoga were compared to calculate an annual compounded growth factor. Based on this analysis an annual growth factor of 1.2 percent was applied to the existing volumes in Table 2 to estimate future year 2030 traffic volumes for the study roadway segments. Future Traffic Operations The final future year traffic volumes were then compared to theoretical capacities to estimate roadway operations in 2030, assuming no new roadway improvements in the City. A summary of the projected 2030 levels of service is presented in Table 4. The results in Table 4 show that six of the eighteen study roadway segments will operate near or at capacity on a daily basis. The six areas of congestion include: • Saratoga Avenue between Lawrence Expressway and Cox Avenue • Saratoga Avenue between Cox Avenue and SR 85 • Saratoga Avenue between SR 85 and Fruitvale Avenue • Saratoga Avenue between Fruitvale Avenue and Saratoga-Sunnyvale Road • Quito Road between Saratoga Avenue and Allendale Avenue • Quito Road between Allendale Avenue and Saratoga-Los Gatos Road 264 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 26 TABLE 4 Year 2030 Roadway Segment Levels of Service1 (Assumes No New Roadway Capacity Improvements) Roadway Segment Projected Year 2030 Volume1 Roadway Type Number of Lanes LOS Prospect Road (Saratoga-Sunnyvale Road to Miller Avenue) 20,700 Major Arterial 4 D Prospect Road (Miller Avenue to Lawrence Expressway) 23,300 Major Arterial 4 D Saratoga-Sunnyvale Road (Prospect Road to Cox Avenue) 33,200 Major Arterial 4 D Saratoga-Sunnyvale Road (Cox Avenue to Saratoga Avenue) 22,300 Major Arterial 4 D Pierce Road (Surrey Lane to Comer Dr.) 3,800 Collector 2 B Cox Avenue (Saratoga-Sunnyvale Road to Saratoga Avenue) 13,300 Minor Arterial 2 D Saratoga Avenue (Lawrence Expressway To Cox Avenue) 40,500 Major Arterial 4 F Saratoga Avenue (Cox Avenue to SR 85) 46,900 Major Arterial 4 F Saratoga Avenue (SR 85 to Fruitvale Avenue) 41,700 Minor Arterial 4 F Saratoga Avenue (Fruitvale Avenue to Saratoga-Sunnyvale Road) 21,000 Minor Arterial 2 F Big Basin Way (Saratoga-Sunnyvale Road to Pierce Road) 8,000 Minor Arterial 2 C Fruitvale Avenue (Saratoga Avenue to Allendale Avenue) 25,300 Minor Arterial 4 D Fruitvale Avenue (Allendale Avenue to Saratoga-Los Gatos Road) 10,800 Minor Arterial 4 C Allendale Avenue (Fruitvale Avenue to Quito Road) 9,700 Collector 2 D Quito Road (Saratoga Avenue to Allendale Avenue) 22,600 Major Arterial 2 F Quito Road (Allendale Avenue to Saratoga-Los Gatos Road) 17,500 Minor Arterial 2 E Saratoga-Los Gatos Road (Saratoga Avenue to Fruitvale Avenue) 16,500 Major Arterial 4 D Saratoga-Los Gatos Road (Fruitvale Avenue to Quito Road) 20,400 Major Arterial 4 D Note: 1 Average Daily Traffic (ADT) volume based on traffic counts collected November 2006 and February 2010. 2 Level of Service (LOS) based on roadway capacities defined in the technical appendix. Source: Fehr & Peers, March 2010. 265 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 27 The City’s policy is to generally maintain a minimum of Level of Service (LOS) D operations at all signalized street intersections and roadway segments that are under City jurisdiction. Intersections and roadways located in the Santa Clara County Congestion Management Program are held to a LOS E standard. In some cases it may not be practical or feasible to implement improvements to maintain Citywide LOS D operations. In those cases, the City may consider accepting a lower level of service. In the case of the six segments noted above, for example, the City has determined that no practical and feasible improvements can be implemented to lessen or avoid the lower levels of service because of right-of-way and funding constraints. Explanation of acceptance of level of service less than LOS D on these segments of Saratoga Avenue: • Saratoga Avenue (Lawrence Expressway to Cox Avenue) • Saratoga Avenue (Cox Avenue to SR 85) • Saratoga Avenue (SR 85 to Fruitvale Avenue) • Saratoga Avenue (Fruitvale Avenue to Saratoga-Sunnyvale Road) Vehicle capacity enhancements on Saratoga Avenue, such as roadway widening or additional turn lanes at intersections to improve the future LOS to acceptable levels would require elimination of bike lanes, on street parking, and/or removal of the center median. Explanation of acceptance of level of service less than LOS D on these segments of Quito Avenue: • Quito Road (Saratoga Avenue to Allendale Avenue) • Quito Road (Allendale Avenue to Saratoga-Los Gatos Road) The Quito Road segment between Saratoga Avenue and Allendale Avenue would require similar modifications to improve the service levels, though the SR 85 overcrossing as currently configured would not be able to accommodate an additional travel lane in each direction. Without additional right-of-way acquisition on the segment south of Allendale Avenue, Quito Road would not be able to accommodate vehicle capacity enhancements. (see the section on Potential Roadway Improvements on page 28 for further discussion). In addition, vehicle capacity enhancements would conflict with existing or planned bicycle, pedestrian, or transit facilities and service on roadways For these reasons these segments will be allowed to operate at LOS F in the future. Daily Vehicle Miles Traveled A performance measure used to quantify the amount of city- or region-wide travel is vehicle miles traveled (VMT). VMT is a useful performance measure, since the amount of travel and conditions under which the travel occurs directly relate to how much fuel vehicles burn.1 One combusted gallon of gas from a vehicle is equal to approximately 24 pounds of carbon dioxide. Given today’s average fuel mileage of vehicles (i.e., approximately 22 miles per gallon), one mile of travel equates to about 1 Conditions influencing the amount of fuel consumed per VMT include the speed of travel, congestion stops and starts, length of trip, layover between trips, and the vehicle type and fuel economy. 266 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 28 one pound of carbon dioxide. As a result, increases in VMT directly cause increases in greenhouse gas emissions and air pollution. VMT measurement has one primary limitation: it is not directly observed. Methods do not exist that can measure the trip distances of all vehicles on a given day. VMT is typically an output of a calculation – one based on the number of vehicle trips multiplied by the distance traveled by each car. The volume and distance of traffic depends on land use types, density/intensity, and patterns as well as the supporting transportation system. Two key data sources for information on land use and travel patterns in Saratoga and Santa Clara County were used to estimate VMT under existing and 2030 conditions for the City: the land use projections from ABAG and the Countywide transportation demand model maintained by the Santa Clara Valley Transportation Authority (VTA). The 2007 land use projections from ABAG2 were used to determine the number of vehicle trips generated by each land use type. ABAG projections were also compared to those in the VTA model, which showed that the number of residential units compared within 0.5% and the number of employees compared within 4%, or 350 jobs. Average trip lengths were developed for each trip purpose (work, school, recreation, etc.) based on the Metropolitan Transportation Commissions Bay Area Travel Survey (2000) and local information. The VTA model was used to determine the number of trips that are internal to the City of Saratoga (i.e., those that both start and end within the City boundaries). The resulting VMT estimates were calculated for 2 2007 ABAG land use projections are the most recent approved. existing and 2030 conditions, as summarized in Table 5. As shown in Table 5, VMT increases between 2007 and 2030, by approximately 60,000 vehicle-miles, or 6.9% over 2007 conditions. This increase seems reasonable, when compared to the 8% increase in residential units and 13% increase in employment based on ABAG projections between 2007 and 2030. Additionally, VMT per service population (resident population plus employment) was calculated to show the change in VMT relative to the projected land use growth. VMT per service population is similar to VMT per capita, but service population also accounts for employment within the City, which contributes to VMT generated. VMT per service population is projected to decrease by 0.5 vehicle-miles, which means that the VMT generated by the City is growing at a lesser rate than the land use growth and that the greenhouse gas emissions per service population from VMT are decreasing slightly with the future increases in land use. TABLE 5 Existing and Future Vehicle Miles of Travel (VMT) Performance Indicator 2007 2030 Change (2030 – 2007) VMT 877,819 938,000 +60,181 VMT per Service Population1 22.8 22.3 -0.5 Notes: 1 Service population is defined as resident population plus employment. Source: Fehr & Peers, March 2010. VMT calculations based on ABAG 2007 and 2030 land use projections for the City of Saratoga’s Sphere of Influence. 267 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 29 Potential Roadway Improvements In general, the increase in traffic on Saratoga streets will primarily consist of through traffic since the City is essentially built out. However, additional capacity will be required to maintain acceptable traffic operations or to minimize delays to the extent possible at locations with excessive congestion. When considering roadway widening the City will balance the needs of all roadway users (vehicles, bicycles, pedestrians, and transit) while maximizing the use of the existing infrastructure and systems. Intersections typically represent the constraints points in roadway operations, since they determine the flow of traffic on a roadway. As noted previously, congested daily operations can indicate that overall traffic demand meets or exceeds the capacity of a given segment. Therefore, peak-hour intersection operations and potential intersection improvements should be evaluated prior to recommending widening of roadway segments. This will allow the City to maximize the use of existing infrastructure while balancing the needs of all roadway users. To provide the opportunity for future roadway capacity and freeway access, the City should establish a policy to limit any development that could encroach on future interchange footprints at both the Prospect Road and Quito Road overcrossings. However, the City and the VTA do not anticipate land use changes to necessitate the construction of additional interchanges on SR 85. More detailed analysis and Citywide approval will be required to determine the specific environmental and traffic impacts of any new freeway access. Extensive public and environmental review would be required. Based on the process used for approval of the Saratoga Avenue interchange, the addition of any new interchange should require a Citywide vote for approval. While provision of additional ramps would reduce traffic at and near the Saratoga Avenue interchange, traffic congestion is expected to increase at intersections near any new interchange. Roadway Functional Classification Roadway functional classification is used to determine appropriate traffic levels for streets and highways, as well as the appropriate fronting land uses. In addition, roadway classifications are used to determine the applicability of traffic calming devices. The City will maintain the current roadway classification system as shown in Figure 2. However, in the future the City will evaluate its roadway classification system as roadway volumes, multi-modal access, and fronting land uses change. 268 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 30 Truck Traffic As noted previously, truck traffic is not considered to be an existing problem in the City of Saratoga. Even with increased through traffic on City streets, the number of trucks without a destination or origin in the City traffic is not expected to increase substantially. Additional development within Saratoga is expected to be limited given the fact that the City is mostly built out. Low volumes of truck traffic will be generated by the construction of new single- family homes or the limited redevelopment of other areas. This traffic is expected to have a negligible effect on overall Citywide circulation. SR 9 west of Saratoga is not conducive to truck travel because of its design, and large trucks are not permitted on SR 85. Article 9- 40 of the City’s Ordinance currently identifies designated routes for trucks that do not make local deliveries or pick-ups (see Figure C-3). Truck routes should include City streets that do not have front-on housing, are not designated as a heritage lane, or have design features that do not favor the movement of large trucks (e.g., sharp curves, narrow travel lanes). Although Saratoga Avenue between Fruitvale Avenue and SR 9 would not typically be included based on some of the aforementioned criteria, no alternative routes exist that are considered feasible because of the adjacent neighborhoods, narrower lane widths, overhead landscaping, and circuitous paths. Because it provides direct connectivity through the City, it is therefore included as a truck route. Given their connectivity between communities, the State Highway segments are considered to be designated truck routes. Improvements to Other Travel Modes Similar to the rest of the Bay Area, increasing traffic volumes and the limited opportunities for expanding roadway capacity in Saratoga will increase the demand on alternative travel modes. Potential improvements to each mode are discussed below. Transit The Santa Clara Valley Transportation Authority (VTA) controls fixed route bus service in the City of Saratoga. In addition to making service changes to accommodate near-term demand, the VTA does long-range planning to determine future service needs. Recent reductions in service due to budget constraints have reduced the attractiveness of transit as a viable alternative to private vehicle use and have negatively affected transit-dependent individuals. 269 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 31 The City of Saratoga can help improve transit service by requiring development projects to install bus turnouts, sidewalks, and other transit amenities in areas that may be served by transit. In addition, encouraging higher density development in the vicinity of key transit stops such as West Valley College will further expand travel opportunities for residents and employers in the City. Input from community members, as well as parents of school students, indicates that residents are also interested in improved local transit service within Saratoga. A local shuttle system would allow residents to travel to key destinations (i.e., shopping centers, schools, commercial areas) without increasing traffic. School traffic is a major generator, especially during the AM peak period. The City should actively pursue a study to assess the feasibility of such a system in concert with the business community and school districts. Access to the VTA’s light rail system is provided at the Vasona station just west of Winchester Boulevard and north of SR 85 in the Town of Los Gatos. This light rail extension has a negligible impact on transit service in Saratoga given the distance between the station and the city, and the fact that many patrons need to drive to the station. A greater impact would occur with provision of light rail service in the SR 85 corridor through the City. However, the VTA does not have any plans to extend light rail in the SR 85 corridor through the City in the foreseeable future. In general, the City of Saratoga will continue to implement policies and actions that support local and regional transit access. Bicycle Facilities The City’s Proposed Bicycle Network (June 1995) identified a series of new bicycle facilities to complete the Citywide bicycle system. The new facilities in this document included both bicycle lanes and bicycle route designations. Three roadway cross- sections were included for specific street segments that meet current Caltrans standards and Valley Transportation Authority guidelines. However, no detailed design standards for all Class I (paths), Class II (lanes), or Class III (routes) facilities were described or adopted. Field reviews conducted in 1999 showed that, in some cases, bicycle lanes proposed in 1995 could not be accommodated without substantial right-of-way acquisition, or elimination of on-street parking in areas with continuous front-on housing. A revised set of proposed facilities was prepared based on previously published information and recent field data. The key new facilities include: • UPRR Multi-Use Path – A multi-use path in the Union Pacific Railroad corridor that will ultimately link the City of Cupertino to the Town of Los Gatos. The portion of the multi-use path between Saratoga-Sunnyvale Road and Saratoga Avenue is currently under construction and should be completed by the end of 2010. • Pierce Road Multi-Use Path (Mount Eden Road to Highway 9/Congress Springs Road) – A future multi-use path west of and parallel to Pierce Road would link the proposed bike path to the multi-use path on Highway 9/Congress Springs Road. 270 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 32 • Highway 9/Congress Springs Road (west of Toll Gate Road) – The future multi-use path would extend south of and parallel to Highway 9/Congress Springs Road and would provide an east-west connection along Highway 9 to the west of the Village. • Fruitvale Avenue Bike Lanes (Saratoga Avenue to Burgundy Way) – This segment is recommended for bike lanes. The width of this roadway segment could accommodate bicycle lanes by reducing the width of existing travel lanes. • Allendale Avenue Lanes (Fruitvale Avenue to Vasona Creek) – The width of this roadway segment could accommodate bicycle lanes by reducing the width of existing travel lanes. • Highway 9/Saratoga-Los Gatos Road – The City will work with Caltrans to modify the existing striping to provide continuous bike lanes through the City of Saratoga. • Scotland Drive and Cumberland Drive Route (Saratoga Avenue to Cox Avenue) – This route is recommended to provide an additional north-south bicycle facility until the UPRR multi-use path is constructed. This route also provides an alternate travel path for inexperienced bicyclists who want to avoid the SR 85/Saratoga Avenue interchange. • Pierce Road (Surrey Lane to Mt. Eden Road) – This future route is recommended to provide an east- west bicycle facility in the Saratoga Hill’s area of the City and would connect to the future Class I bike trail parallel to Pierce Road between Mt. Eden Road and Highway 9. • Highway 9/Big Basin Way (4th Street to Toll Gate Road) – This future route is recommended to provide an additional east-west bicycle facility on Highway 9 that provides access to the village area and connect to points west. The bike route would connect to the future Class I bike trail parallel to Highway 9/Congress Spring Road west of Toll Gate Road. To ensure consistent implementation of the proposed facilities, the City should formally adopt a set of design guidelines for bicycle facilities. The VTA has prepared a set of technical guidelines for bicycle facilities and services to be used by local agencies in Santa Clara County. All existing facilities should be upgraded to include appropriate signage and pavement markings and modified to meet minimum design standards based on these guidelines. For example, the travel lanes on Fruitvale Avenue between Saratoga Avenue and Burgundy Way should be re-striped to provide adequate bicycle lane width so that riders do not have to travel in the drain path parallel to the rolled curb. The City should prepare a Bicycle Master Plan (BMP) that includes all of the 271 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 33 proposed facilities and design standards. A formal BMP document substantially improves the City’s opportunities for obtaining State funds for bicycle improvements. Pedestrian Facilities/Trails As noted previously, most collector and local streets in Saratoga do not have sidewalks, which is in keeping with the rural planning principles maintained by the City for many years. On most minor streets, pedestrians are required to share the roadway with vehicles, which is not typically a problem since traffic volumes are relatively low and travel speeds are usually less than 30 miles per hour. However, a lack of sidewalks in the immediate vicinity of schools can be a problem during peak traffic demand in the morning and afternoon. A review of all existing major and minor arterial roadways showed that several segments have gaps in sidewalks or separate pedestrian paths. These segments include portions of Prospect Road, Cox Avenue, Saratoga-Sunnyvale Road, Saratoga Avenue, Allendale Avenue, Fruitvale Avenue, Quito Road, and Saratoga-Los Gatos Road (SR 9). While pedestrians sharing the roadway with vehicles can be accommodated on local streets, pedestrians should not enter the traveled way of roads where traffic volumes and travel speeds are substantially higher. These gaps should be closed to improve pedestrian travel and safety. Enhanced pedestrian access will provide an alternative to automobile travel and will improve access to available transit facilities and services. As discussed in more detail below under Suggested Routes to School, the City has plans to establish a formal at-grade-crossing of the UPRR tracks between Fredericksburg Drive and Guava Court, which serves as a direct access to Blue Hills Elementary School. The City completed a comprehensive study of multi-use and pedestrian trails as part of a 2007 Open Space and Conservation Element. The plan included existing trail easements (both developed and undeveloped) as well as the location of proposed trails. The current plan links the population centers in Saratoga to the great scenic and open space resources available in the Santa Cruz Mountains. Although a primary function of the trail system is to provide recreational opportunities, trail links to sidewalks and low volume streets will provide a travel alternative for other purposes including shopping, school, and employment trips. The City should ensure implementation of the proposed trail system. Suggested Routes to Schools Directly related to pedestrian and bicycle travel is the issue of students traveling between their home and school. Although students in Saratoga are permitted to attend any school within their district, the majority 272 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 34 of students attend their neighborhood school. In many instances students live less than a mile from school, which is a reasonable distance to walk or bike to school. However, most local and collector streets do not include sidewalks except in the immediate vicinity of each school. Based on this information and recent studies at several area schools, many Saratoga students are driven to school for two reasons: 1) their residence is located beyond a reasonable walking distance, especially for students in the western and southern hills, and 2) parents perceive that the pedestrian and bicycle routes to school are dangerous because students must share the road with vehicular traffic. Although school districts have the most direct contact with parents and students, the City of Saratoga should work with each district to ensure that students are provided with as much information as possible regarding safe travel to and from school. Thus, the City should work with each district to expand the current education efforts and prepare Suggested Route to School maps for each campus, and a Guidelines for Safe Walking and Bicycling handbook. Each of these items is described briefly below. Suggested Route to School maps include all bicycle and pedestrian-related facilities and traffic control devices including: crosswalks, traffic signals, stop signs, paved sidewalks, and school sign installations. This type of map should be used by parents and students to choose the most appropriate route to school that maximizes the use of devices that control traffic and warn drivers of pedestrians. A Guidelines for Safe Walking and Bicycling handbook is an informational pamphlet for parents and teachers to provide guidelines for safe pedestrian and bicycle travel. It provides text and illustrations to show the correct procedures for minimizing potential conflicts with vehicles and includes suggested activities that parents can do with their children. A section for parents with tips on selecting a suggested route to school is also included. This sample booklet should be reviewed by both the school district and City staff and included as part of future student education efforts. Similar to the sample route map, the sample handbook does not imply a guarantee of safety. Parental education and supervision is a key element of a child’s approach to traveling on or near roadways. Each District should continue its education programs and should encourage students to walk and bicycle to school as appropriate. The City should continue to pursue opportunities to enhance pedestrian and bicycle facilities, especially in the vicinity of schools. The City has been working with the VTA to restore a former school route to Blue Hills Elementary School that consisted of an at- grade pedestrian crossing of the UPRR tracks between Fredericksburg Drive and Guava Court. The City submitted the Blue Hills School Railroad Crossing Safety Project for inclusion Valley Transportation Plan 2035 (VTP 2035) Bicycle Element to restore and improve the at-grade pedestrian railroad crossing. This project was evaluated and accepted into VTP 2035 as Project #B75 with a Bicycle Expenditure Program allocation of $300,000. 273 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures ______________________________________________________________________________ Fehr & Peers Page 35 Potential Scenic Highways and Corridors Several roadways in or near the Saratoga Sphere of Influence have the potential for protection under the State and County scenic highways programs. These facilities are described below. Local policies and programs to maintain scenic corridors within the City of Saratoga are also presented. Eligible State Highways Besides SR 9, the only other highway that is currently considered eligible for Scenic Highway designation is SR 35/Skyline Boulevard from SR 9 (at Saratoga Gap) to the Santa Clara County-San Mateo County line. Since the majority of views from this segment are to the west and south, Santa Cruz County is ultimately responsible for developing a scenic highway program for this segment. In San Mateo County, SR 35 is an officially designated route. Eligible County Roadways Numerous corridors in the Saratoga Sphere of Influence could be considered under the County’s Scenic Highways protective ordinance. However, currently no new segments have been designated for the County’s Scenic Highways protective ordinance. Through the community outreach process, the City should support designation of such facilities to increase the aesthetics of the surrounding area. Local Measures to Maintain Scenic Roadways Arterial roadways and collector and local streets are not eligible for the existing scenic highway protection programs. However, efforts to beautify these facilities contribute to the overall aesthetic appeal of the City. Several locations within the City have been identified as having poor visual quality areas because of extensive commercial development and/or limited landscaping. Key corridors that could be improved include portions of Saratoga Avenue, Quito Road, and Prospect Road. The gateway from Cupertino into Saratoga at the Saratoga- Sunnyvale Road/Prospect Road intersection was recently improved to provide landscaping and beautification. The City of Saratoga has numerous ordinances and procedures to require new development projects, redevelopment projects, and property/building modifications to contribute to the establishment and maintenance of scenic corridors. These measures include: • Parcel re-zoning • Minimum site frontage requirements • Subdivision requirements for development projects to maintain topography • Landscaping requirements between fences/walls and major roadways, and on dead-end streets • Design review of most residential and commercial developments by the Planning Commission • Requirements for underground utilities/wiring • Special ordinances for hillside subdivisions to provide erosion control • Building structure height restrictions • Permit requirements for tree removal • Establishment of scenic easements in hillside subdivisions • Aesthetic/scenic policies in the Hillside Specific Plan 274 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 36 VII. GOALS, POLICIES AND IMPLEMENTATION MEASURES Based on the existing features of the transportation system in the City and the projected future travel demand, a set of updated goals, policies, and implementation measures was developed for the Circulation and Scenic Highway Element. This information has been modified by the Traffic Safety and Planning Commissions, and the City Council may make further revisions as appropriate. Background The existing low-density residential land use pattern combined with a limited amount of commercial support services, entertainment centers, and employment centers do not strongly support the need for a complex transit system. However, expanded transit service is needed to provide transportation opportunities for all residents and is an important alternative to automobile use. The use and expansion of other alternative modes, including bicycling and walking, is another key issue for providing a comprehensive Citywide transportation system. This approach is consistent with other County, regional, and statewide efforts to increase the use of non-automobile modes to create more sustainable communities and reduce the amount of pollutants and greenhouse gases emitted. The “backbone” of the City’s roadway network is a set of major and minor arterial roadways that provide the link between neighborhoods and the City’s commercial services, and also the regional freeway system. Local and residential collector streets represent the rural nature of Saratoga. The pattern and design of local streets help to shape the image and identity of neighborhoods, influence perceived safety, change communication between neighbors, and increase the attractiveness of alternative modes. The Circulation Element was updated to further protect local neighborhoods and to set forth policies that will enhance travel throughout the City. The goals, policies and implementation measures begin on the following page. 275 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 37 CIRCULATION AND SCENIC HIGHWAY ELEMENT (CI) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares transportation routes, terminals, and other local public utilities and facilities, all correlated with the land use element of the plan. A scenic highway element for the development, establishment, and protection of scenic highways pursuant to the provisions of Article 2.5 commencing with Section 260 of Chapter 2 of Division 1 of the Streets and Highways Code. OVERALL TRANSPORTATION SYSTEM Goal CI.1a Provide a balanced, multi-modal transportation system in Saratoga to maintain mobility for all segments of the community and to maintain the City’s small town character. CI.1b Encourage healthy, active living, reduce traffic congestions and fossil fuel use, and improve the safety and quality of life of residents of the City of Saratoga by providing safe, convenient, and comfortable routes for walking, bicycling, and public transportation. Policies CI-Policy-1.1 The City shall encourage and participate in the implementation of a variety of modes of transport to serve Saratoga. CI-Policy-1.2 Encourage development of cooperation strategies to support local and regional transportation solution and improvements. CI-Policy-1.3 Provide safe, convenient and comfortable routes for walking, bicycling, and public transportation that encourage increased use of these modes of transportation, enable convenient travel as part of daily activities, improve the public welfare by addressing a wide array of health and environmental problems, and meet the needs of all users of the streets, including children, older adults, and people of disabilities. STREET SYSTEM AND STANDARDS OF SERVICE Goals 276 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 38 CI.2a Facilitate the safe movement of vehicular traffic within and through the City, taking into consideration the environmental, historical, and residential integrity of the City to maximize benefits and minimize adverse impacts and costs. CI.2b For traffic management and street design, balance the efficiency of vehicular traffic with the safety and livability of residential areas. CI.2c Strive to establish a transportation system of streets that accommodates all travel modes and users within the street right-of-way to the maximum extent possible. Policies CI-Policy-2.1 Make efficient use of existing transportation facilities and strive to reduce the total number of vehicle miles traveled through the arrangement of land uses, improved facilities for non-automobile modes, and enhanced integration of various transportation systems. CI-Policy-2.2 Maintain and develop a City-wide street system that manages vehicular access, but also provides for emergency access. CI-Policy-2.3 Maintain a minimum of Level of Service (LOS) D operations standard at all signalized street intersections and roadway segments that are under City jurisdiction except for intersections and roadways included in the Santa Clara County Congestion Management Program (which are held to a LOS E standard), and as otherwise specified pursuant to Policy 2.4. CI-Policy-2.4 Accept Level of Service E or F operations on City-maintained roadways after finding that: 1) no practical and feasible improvements can be implemented to mitigate the lower levels of service, or 2) vehicle capacity enhancements would conflict with existing or planned bicycle, pedestrian, or transit facilities and services. A proposed development that exacerbates LOS E or F operations and causes a significant intersection impact should also be considered for approval if it will provide a clear, overall benefit to the City (e.g., library expansion or relocation, new community center). CI-Policy-2.5 Ensure that new development or redevelopment projects provide adequate property dedication to accommodate future roadway and multi-modal access improvements at key intersections and other potential conflict areas. CI-Policy-2.6 Efficiently manage traffic flow on major and minor arterial roadways to discourage through traffic in residential neighborhoods. 277 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 39 CI-Policy-2.7 Align and design collector streets to minimize adverse impacts on the character of residential neighborhoods through which they pass, while functioning efficiently to collect and distribute traffic. CI-Policy-2.8 Design new local streets to reduce travel distance, promote alternative modes, and provide a more even distribution of traffic. CI-Policy-2.9 Establish the primary access for major traffic generators on arterial roadways and design overall access to minimize traffic intrusion to residential neighborhoods. CI-Policy-2.10 Strive to maintain traffic volumes and speeds on collector and local streets that are compatible with the character of the adjacent land uses, the function of the street, and bicycle and pedestrian access. CI-Policy-2.11 Protect the integrity of and improve existing hillside streets by planning future development according to existing street function. CI-Policy-2.12 Focus future improvements on the most congested intersections to maintain an acceptable level of mobility for all modes of transportation. CI-Policy-2.13 Require development projects to mitigate and reduce their respective traffic and parking impacts by implementing practical and feasible street improvements to improve multi-modal access. CI-Policy-2.14 Coordinate with the Santa Clara Valley Transportation Authority (VTA) to comply with the Congestion Management Program (CMP) Guidelines for CMP-designated facilities. Should the CMP-designated facilities degrade below the CMP standard of Level of Service E, the City will prepare a Deficiency Plan for the deficient facilities per the VTA’s requirements. Implementation Actions CI-Action-2.1 Continue to use the Capital Improvement Program to project and implement needed improvements to the street system. CI-Action-2.2 Implement roadway and signal timing modifications to improve operations and enhance safety (e.g., lengthen turn pockets, adjust left-turn phases, widen lanes). CI-Action-2.3 Establish street and driveway accessibility requirements for all streets designated as a major or minor arterial roadway as shown on Figure C-2. Ensure that driveway or street access does not substantially impede arterial 278 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 40 traffic flow as part of the City review process for individual development projects. CI-Action-2.4 Install coordinated signal systems on all major arterial roadways in the City to improve traffic flow as appropriate. Funding should be obtained from all available City, County, State and Federal funding sources, and developer contributions. CI-Action-2.5 Evaluate the need for upgrading or enhancing intersection control (e.g., signalization, stop signs) at existing intersections on arterial roadways and collector streets to improve overall access and circulation. CI-Action-2.6 Install traffic signals to serve existing and projected traffic demand, provide acceptable traffic operations issues, and enhance pedestrian safety. CI-Action-2.7 Require a transportation analysis for all development projects resulting in 25 or more net new peak-hour trips. As appropriate, the analysis shall identify potential impacts to intersection and roadway operations, project access, and alternative travel modes, and shall identify feasible improvements or project modifications to reduce or eliminate impacts. City staff shall have the discretion to only require focused studies regarding access, sight distance, and other operational and safety issues, or to require detailed studies that generate fewer peak hour trips. CI-Action-2.8 Evaluate development proposals and design roadway improvements based on established Level of Service standards without negatively affecting travel by other modes, and to be in conformance with Valley Transportation Agency’s Bicycle Technical Guide. CI-Action-2.9 Require that roadway improvements identified as mitigation measures for development projects be in place prior to issuance of occupancy permits. CI-Action-2.10 Require new development or redevelopment projects to dedicate property to accommodate needed roadway improvements. CI-Action-2.11 Identify potential capacity improvements and access modifications to maintain adequate circulation in the vicinity of the Civic Center, West Valley College, Redwood Middle School, the Public Library, St. Andrews School and Sacred Heart. CI-Action-2.12 Consider paying for improvement costs to serve a development project, as appropriate, where the City’s economic development interests may be served. 279 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 41 CI-Action-2.13 Continue to address neighborhood traffic management issues through public review and input provided by the Traffic Safety Commission. CI-Action-2.14 Design local streets to carry low traffic volumes at low speeds and to function safely while minimizing the need for traffic control devices or enforcement. Physical features should include gentle curves, changes of grade, narrow widths, short lengths, and T-intersections where feasible. CI-Action-2.15 Design streets to minimize impacts to topography, riparian habitats and wildlife corridors. CI-Action-2.16 Implement the action programs identified in the Hillside Specific Plan to provide adequate vehicular access consistent with CI-Policy-2.11. Where feasible, improvements will include widening of travel lanes, increasing vertical clearance, installing additional signs, and providing new pavement overlays to improve safety. TRUCK TRANSPORTATION Goal CI.3 Limit the intrusion of commercial truck traffic on streets within the City. Policies CI-Policy-3.1 Require trucks to only use the designated routes shown on Figure C-3 unless making a local delivery. CI-Policy-3.2 Encourage or require deliveries to be made during off-peak periods (i.e., outside the morning and evening commute periods), especially in areas where intersections or roadways operate at LOS E or F during the peak periods. Implementation Actions CI-Action-3.1 Continue to strictly enforce the truck route ordinance by citing violators. CI-Action-3.2 Require as part of project approval for new projects with regular truck deliveries that such deliveries be made outside the typical peak commute travel periods (e.g., 7:00 am to 9:00 am and 4:00 pm to 6:00 pm) as appropriate. CI-Action-3.3 Establish and maintain reserved commercial truck loading zones on public streets in appropriate areas such as the Village. Time limits for designated 280 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 42 loading areas may be established to allow public on-street parking in loading zones at other times. CI-Action-3.4 Require new or redevelopment projects to provide on-site truck loading areas except for areas such as the Village with small commercial lots. Enforcement will be provided by the Sheriff’s Department similar to other on-street parking areas in the City. TRANSIT Goals CI.4a Promote local and regional transit as a viable alternative to automobile travel for destinations within and outside the City. CI.4b Promote the use of non-automobile modes of transportation by improving the capacity, safety, accessibility, and convenience of existing and planned transit, bicycle and pedestrian systems. Policies CI-Policy-4.1 Coordinate with the Valley Transportation Authority to increase service range and frequency within the City per VTA’s Transit Sustainability Policy. Existing service is illustrated on Figure C-4. CI-Policy-4.2 Install transit improvements to improve service, increase safety, and maintain traffic flow on streets serving as transit routes. CI-Policy-4.3 Encourage the public school districts, private schools, recreation groups or other operators to develop a local bus system and to expand ride-sharing activities that will help to reduce school-generated vehicle traffic in neighborhoods and on City streets. Bussing should be one of the first measures considered, along with walking and biking, to reduce school- generated traffic before substantial roadway capacity enhancements are implemented. CI-Policy-4.4 Investigate the feasibility of a local shuttle service within Saratoga to reduce local traffic volumes on City streets and overall parking demand. The feasibility study shall identify potential routes and funding sources. Implementation Actions CI-Action-4.1 Require development projects to dedicate right-of-way for purposes of constructing bus turnouts and/or bus shelter pads on major and minor arterial roadways as appropriate. 281 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 43 CI-Action-4.2 In coordination with the VTA, provide seating and shaded waiting areas at transit stops, with stop locations near entrances of buildings to encourage ridership. CI-Action-4.3 Coordinate with the Valley Transportation Authority when feasible to provide new fixed route or shuttle service in underserved areas (e.g., Cox Avenue). CI-Action-4.4 Improve the links of local transportation systems and alternatives such as bicycling and walking with private and public regional transit such as bus transit, light rail, and CalTrain. Bicycle and pedestrian improvements should be funded as Capital Improvement Program projects or through private development projects to further encourage the use of transit. CI-Action-4.5 Provide information to the public on available alternative transportation choices and routes. CI-Action-4.6 Encourage local businesses to provide employees with transit passes or other financial incentives to use transit to commute to and from the workplace. CI-Action-4.7 Recommend potential stop locations for local school bus service and provide minor street and landscaping improvements as appropriate. CI-Action-4.8 Commission a feasibility study of local shuttle service within Saratoga. Funding for the study should be obtained from federal and state grants/sources and private development projects. BICYCLE, PEDESTRIAN AND EQUESTRIAN FACILITIES Goals CI. 5a Integrate facilities for safe bicycling, walking, and horseback riding into the overall transportation system. CI.5b Encourage equestrian and pedestrian trails and pathways pursuant to the Open Space and Conservation Element along roadways in areas where safety and aesthetics permit. Policies CI-Policy-5.1 Develop and maintain a comprehensive and integrated system of bikeways that promote bicycle riding for commuting and recreation 282 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 44 CI-Policy-5.2 Integrate the City of Saratoga bikeways system with the bikeways system of adjacent communities, where economically feasible. CI-Policy-5.3 Pursue the expansion and continuation of the multi-use path along the Union Pacific Railroad alignment (Joe’s trail) east of Saratoga Avenue and west of Saratoga-Sunnyvale Road that will link the Stevens Creek Recreational Trail in Cupertino with the Los Gatos Creek Trail in Los Gatos. CI-Policy-5.4 Pursue other potential rights-of-way such as Santa Clara Valley Water District and utility easements for bicycle, pedestrian, and/or equestrian trail development. CI-Policy-5.5 Provide safe and direct pedestrian routes and bikeways between and through residential areas linking transit centers and important community centers such as local schools facilities and the Village. CI-Policy-5.6 Improve pedestrian and bicycle access to all public and private schools to enhance safety. CI-Policy-5.7 Require adherence to the trails policies noted in the Open Space and Conservation Element. CI-Policy-5.8 Develop a set of practical and realistic transportation demand management (TDM) measures that can be used by employers in the City to reduce the number of single-occupant vehicle trips. These measures would encourage ride-sharing and transit alternatives. Implementation Actions CI-Action-5.1 Update and adopt the Bikeways Master Plan to include goals and objectives, a detailed list and map of improvements, a signage program, detailed standards and guidelines, and an implementation program. The Bikeways Master Plan should include the proposed facilities shown on Figure C-5 CI-Action-5.2 Upgrade existing bikeways and designate new facilities where they can be accommodated according to current Valley Transportation Authority (VTA) technical guidelines (prior to adoption of City standards in the Bikeways Master Plan). For example, travel lanes on Fruitvale Avenue north of Burgundy Way should be restriped to provide bicycle lanes with 5-foot minimum widths or pathways. CI-Action-5.3 Coordinate with the school districts and other entities to develop “Suggested Route to School Plans” for all public and private schools in the 283 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 45 City. Plans shall identify all pedestrian and bicycle facilities, and traffic control devices for residents to determine the most appropriate travel route. The plans shall also identify existing easements for sidewalks. CI-Action-5.4 Prohibit parking in designated bicycle lanes on all streets unless adequate width is provided according to VTA guidelines or City standards. CI-Action-5.5 Require the provision of secure bicycle parking as part of all future development projects that include multi-family residential, commercial, industrial, office, and institutional uses. Recommended bicycle parking design standards shall be referenced from the Santa Clara Valley Transportation Agency Bicycle Technical Guide. CI-Action-5.6 Develop a plan to review and identify additional bicycle parking locations in the Village area. CI-Action-5.7 Require new development projects and redevelopment projects to dedicate right-of-way and/or provide improvements to accommodate bicycle lanes on streets identified on Figure C-5. CI-Action-5.8 Require new cul-de-sac streets to accommodate bicycle and pedestrian access between residential areas, public uses, and community areas. CI-Action-5.9 Encourage non-residential development projects to include amenities such as showers and lockers for employees to further encourage bicycling as an alternative to automobile travel. CI-Action-5.10 Increase priority of pedestrian safety projects (i.e., pedestrian street crossings, sidewalks or pathways) as part of the Capital Improvement Program. CI-Action-5.11 Make bikeway improvements a funding priority by: 1) continuing to consider financing bikeway design and construction as part of the City’s annual construction and improvement fund; 2) incorporating bikeway improvements as part of the Capital Improvement Program and pavement management efforts; and 3) aggressively pursuing regional funding and other Federal and State sources for new bikeways. CI-Action-5.12 Update the Open Space and Conservation Element to maintain and expand the Citywide pedestrian path system. The plan should include the proposed trails shown on Figure C-6. CI-Action-5.13 Assure implementation of the City's trails system by requiring trail dedication, construction, and a method of trail maintenance pursuant to the 284 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 46 Open Space and Conservation Element as part of the subdivision or site approval process. CI-Action-5.14 Prohibit motorized vehicular traffic on trails, pathways, parks and dedicated open space areas except for maintenance and emergency purposes. CI-Action-5.15 Include new sidewalk or path construction in the Capital Improvement Program, or as part of any new development, to close gaps in pedestrian facilities on the following arterial roadways: Saratoga-Sunnyvale Road, Saratoga Avenue, Prospect Road, and Cox Avenue (see Figure C-6). CI-Action-5.16 Include new sidewalk or path construction in the Capital Improvement Program, or as part of any new development or redevelopment, to close gaps on local and collector streets near schools. CI-Action-5.17 Review the need to install sidewalks and crosswalks on all City streets within one-half mile of all public schools. CI-Action-5.18 Review the present equestrian zones and assess their consistency with the trails and pathways plan of the circulation element. CI-Action-5.19 Provide trails, sidewalks or separated pathways along all arterial streets and along some collector streets in areas where needed to provide safe pedestrian access to schools. AESTHESTIC QUALITIES AND HERITAGE LANES Goals CI.6a Protect the aesthetic, historic and remaining rural qualities of Saratoga through street design and landscaping. CI.6b Strive for aesthetically pleasing views from all roads in Saratoga and the Sphere of Influence. CI.6c Encourage the preservation of the width and appearance of those roads designated as heritage resources by the City. Policies CI-Policy-6.1 Identify areas of critical need for beautification and coordinate plans with revitalization or anticipated development of areas such as City gateways. CI-Policy-6.2 Adhere to minimum City street standards based on location, terrain, 285 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 47 character of areas and the anticipated function of the roadway. CI-Policy-6.3 Permit variation of the conventional City street development standards, as described in the City's Subdivision Ordinance, in order to preserve environmentally sensitive roadside features where traffic safety will permit such variations. CI-Policy-6.4 Identify the function of a street in advance of construction, and apply design criteria to minimize disruption to the area caused by through or heavy vehicle traffic. CI-Policy-6.5 Encourage the planting of trees and plan the development of landscaped medians along major arterial roadways. CI-Policy-6.6 Enforce ordinances to prevent the use of non-conforming roadside signs on all roads and highways within the City, whether erected by private individuals or business enterprises. CI-Policy-6.7 Require increased setbacks of up to 100 feet for structures, walls or fences to be located on lots adjacent to officially designated scenic highways where it is determined by the City that such increased setbacks are necessary to preserve the scenic qualities of the highway. CI-Policy-6.8 Require increased setbacks and landscaping for commercial and multi- family residential structures on corner lots adjacent to arterial streets, as required, to reduce the visual impact of such structures and to enhance the appearance of important intersections where it is determined by the City that such increased setbacks are necessary to preserve the scenic qualities of the highway. CI-Policy-6.9 Approve designs for new hillside streets that maximize the use of natural terrain for roadbed construction and minimize “cuts and fills.” Implementation Actions CI-Action-6.1 Review Subdivision Ordinance street standards for adequacy and prepare illustrations of corresponding roadway cross-sections CI-Action-6.1 Require a sight distance analysis to ensure adequate site access for variances from street design standards proposed by the City or by private developers. CI-Action-6.2 Encourage residents of streets and roads believed to have historic merit to nominate those rights-of-way for designation as heritage lanes through the Heritage Preservation Commission. 286 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 48 CI-Action-6.3 Design commercial areas with pedestrian amenities, shade trees, and on- street parking to create inviting environments. CI-Action-6.4 The designation of Heritage Lane shall not preclude City action necessary to guarantee safe access for emergency vehicles while maintaining the integrity of the existing heritage lane. PARKING SUPPLY AND MANAGEMENT Goals CI.7a Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods. CI.7b Provide on-street parking spaces in commercial areas that provide direct access to abutting properties while requiring off-street public and private parking lots to serve the majority of the demand. Policies CI-Policy-7.1 Review on-street parking policies and utilization in the Village area CI-Policy-7.2 Designate curb parking in the Village area for short-term use by those visiting businesses and public facilities. CI-Policy-7.3 Encourage the location of parking lots behind buildings to emphasize the buildings’ physical and visual connections to the street and to maximize pedestrian access and safety. CI-Policy-7.4 Encourage the use of carpools and vanpools by providing preferential spaces as appropriate. CI-Policy-7.5 Allow reduced parking supplies for parcels, where appropriate, in order to utilize the area-wide parking supply. Implementation Actions CI-Action-7.1 Enforce parking time limits and zones. CI-Action-7.2 Establish time limits for on-street parking in commercial areas. CI-Action-7.3 Adopt design standards for parking stalls, aisles and driveways for on- street and off-street facilities. 287 City of Saratoga Circulation and Scenic Highway Element Background Report/Goals, Policies, and Implementation Measures Fehr & Peers Page 49 CI-Action-7.4 Review parking demand and proposed supplies for each development project to ensure maximum use of proposed off-street lots. 288 Legend: Fehr & Peers Page 50 Revised May 2010 Saratoga City Boundary Roads Waterways Figure C-1 Existing Roadways City of Saratoga Circulation and Scenic Highway ElementCity of Saratoga Circulation and Scenic Highway Element Sara t o g a Sara t o g a AveAve . Fr u i t v a l e Fr u i t v a l e Av e . Av e . Allllendndale Ave.Ave. .d R o t i u Q S ar a ar a to g to g a-L o -L o s G a toto s R d . B igig BasBas inin Wy. Sa r a t o g a - S u n n y v a l e Sa r a t o g a - S u n n y v a l e Rd Rd . CoxCox AveAve. Prospecect Rd. Pier c e Pier c e RdRd . Pro s p e c t Pro s p e c t RdRd . Mi l l e r A v e . Mi l l e r A v e . L a w r e n c L a w r e n c e E x E x p w p w y. HerrimanHerriman AveAve. So b e y R d . So b e y R d . 9 9 85 85 City of Saratoga Circulation and Scenic Highway Element Sara t o g a A v e . Fr u i t v a l e A v e . Allendale Ave. .d R o t i u Q S a r a t o g a - L o s G ato s R d . Big Bas i n W y . Sa r a t o g a - S u n n y v a l e R d . Cox Ave. Prospect Rd. Pier c e R d . Pro s p e c t R d . Mi l l e r A v e . L a w r e n c e E x p w y. Herriman Ave. So b e y R d . 289 Legend: Fehr & Peers Page 51 Revised May 2010 Interstate Freeway (Not Applicable) Other Freeway or Expressway Minor Arterial Collector Major Arterial Figure C-2 Roadway Classifications City of Saratoga Circulation and Scenic Highway ElementCity of Saratoga Circulation and Scenic Highway Element Sara t o g a Sara t o g a AveAve . Fr u i t v a l e Fr u i t v a l e Av e . Av e . Allllendndale Ave.Ave. .d R o t i u Q S ar a ar a to g to g a-L o -L o s G a toto s R d . B igig BasBas inin Wy. Sa r a t o g a - S u n n y v a l e Sa r a t o g a - S u n n y v a l e Rd Rd . CoxCox AveAve. Prospecect Rd. Pier c e Pier c e RdRd . Pro s p e c t Pro s p e c t RdRd . Mi l l e r A v e . Mi l l e r A v e . L a w r e n c L a w r e n c e E x E x p w p w y. HerrimanHerriman AveAve. So b e y R d . So b e y R d . 9 9 85 85 City of Saratoga Circulation and Scenic Highway Element Sara t o g a A v e . Fr u i t v a l e A v e . Allendale Ave. .d R o t i u Q S a r a t o g a - L o s G ato s R d . Big Bas i n W y . Sa r a t o g a - S u n n y v a l e R d . Cox Ave. Prospect Rd. Pier c e R d . Pro s p e c t R d . Mi l l e r A v e . L a w r e n c e E x p w y. Herriman Ave. So b e y R d . 290 Legend: Fehr & Peers Page 52 Revised May 2010 Truck Route Figure C-3 Truck Routes City of Saratoga Circulation and Scenic Highway ElementCity of Saratoga Circulation and Scenic Highway Element Sara t o g a Sara t o g a AveAve . Fr u i t v a l e Fr u i t v a l e Av e . Av e . Allllendndale Ave.Ave. .d R o t i u Q S ar a ar a to g to g a-L o -L o s G a toto s R d . B igig BasBas inin Wy. Sa r a t o g a - S u n n y v a l e Sa r a t o g a - S u n n y v a l e Rd Rd . CoxCox AveAve. Prospecect Rd. Pier c e Pier c e RdRd . Pro s p e c t Pro s p e c t RdRd . Mi l l e r A v e . Mi l l e r A v e . L a w r e n c L a w r e n c e E x E x p w p w y. HerrimanHerriman AveAve. So b e y R d . So b e y R d . 9 9 85 85 City of Saratoga Circulation and Scenic Highway Element Sara t o g a A v e . Fr u i t v a l e A v e . Allendale Ave. .d R o t i u Q S a r a to g a- L o s G ato s R d . Big Bas i n W y . Sa r a t o g a - S u n n y v a l e R d . Cox Ave. Prospect Rd. Pier c e R d . Pro s p e c t R d . Mi l l e r A v e . L a w r e n c e E x p w y. Herriman Ave. So b e y R d . 291 Legend: Fehr & Peers Page 53 Revised May 2010 Figure C-4 Existing Transit Service (Effective January 11, 2010) Route 26 Route 53 Route 328 Route 101 Express Route 102 (No Stops in Saratoga) Route NumbersXXRoute 58 Route 57 53 57 53 26 26 328 102 102 58 101 Route 53 57 37 City of Saratoga Circulation and Scenic Highway ElementCity of Saratoga Circulation and Scenic Highway Element Sara t o g a Sara t o g a AveAve . Fr u i t v a l e Fr u i t v a l e Av e . Av e . Allllendndale Ave.Ave. .d R o t i u Q S ar a ar a to g to g a-L o -L o s G a toto s R d . B igig BasBas inin Wy. Sa r a t o g a - S u n n y v a l e Sa r a t o g a - S u n n y v a l e Rd Rd . CoxCox AveAve. Prospecect Rd. Pier c e Pier c e RdRd . Pro s p e c t Pro s p e c t RdRd . Mi l l e r A v e . Mi l l e r A v e . L a w r e n c L a w r e n c e E x E x p w p w y. HerrimanHerriman AveAve. So b e y R d . So b e y R d . 9 9 85 85 City of Saratoga Circulation and Scenic Highway Element Sara t o g a A v e . Fr u i t v a l e A v e . Allendale Ave. .d R o t i u Q S a r a t o g a - L o s G ato s R d . Big Bas i n W y . Sa r a t o g a - S u n n y v a l e R d . Cox Ave. Prospect Rd. Pier c e R d . Pro s p e c t R d . Mi l l e r A v e . L a w r e n c e E x p w y. Herriman Ave. So b e y R d . 292 Legend: Fehr & Peers Page 54 Revised August 2010 olle u g r A e d o y o r r A .e v A a v l E Figure C-5 Existing/Planned Bicycle Facilities Bicycle Lanes (Class II Facilities) Bicycle Routes (Class III Facilities) Expressway Segments (Bicycles Permitted) Bicycle Paths (Class I Facilities) - See Existing Trail Easements Bicycle Lanes/Routes (Class II/III Facilities) Note: Most sections of Saratoga-Los Gatos Rd. include bike lanes. On intermittent segments, current striping does not meet Caltrans standards for bike lanes and these sections are technically considered bike routes, even though the shoulder width provides sufficient room for bicyclists to travel. Note: Based on city designation, some facilities do not include signage or adequate bike lane width. Proposed Bicycle Lanes (Class II Facilities)Proposed Bicycle Routes (Class III Facilities) Proposed Bicycle Paths (Class I Facilities) Across Barrier Connections 0 3,000 6,0001,500 Feet City of Saratoga Circulation and Scenic Highway Element 293 Legend: Fehr & Peers Page 55 Revised August 2010 da o R e l a v y n n u S - a g o t a r a S Pros epct R aod Cox Avenue Q u i t o R o a d Saratoga-Lo s G atos R oad P i e r c e R o a d B i g B a s i n W a y S a r a t o g a A v e n u e F r u i t v a l e A v e n u e Mountain Winery Saratoga High School Prospect High School Redwood Middle SchoolFoothill Elementary Argonaut Elementary Blue Hills Elementary Marshall Lane Elementary Saratoga Elementary Christa McAuliffe Elementary Villa MontalvoSanborn County Park Fremont Older OSP Central Park Kevin Moran Park El Quito Park Azule Park St. Marcos Open Space Wildwood Park Bellgrove Park Beauchamps Park Congress Springs Park Gardiner Park Foothill Park Historical Park Brookglen Park Ravenswood Park Hakone Gardens Saratoga Country Club ¬ 9 9 85 85 Figure C-6 Existing and Proposed Trails Saratoga Parks Other Park Resources Public Schools Existing City Trails Proposed City Trails Other Existing Public Trails Other Proposed Public Trails City Limits Sphere of Influe Across Barrier Connections nce nnnnntaaaaaarrrrmmeennnnttaaa 0 3,000 6,0001,500 Feet City of Saratoga Circulation and Scenic Highway Element 294 A P P E N D I X A A B C D E Co u n t L O S C o u n t L O S 1 P r o s p e c t R o a d Sa r a t o g a - S u n n y v a l e R o a d t o M i l l e r A v e n u e 0 0 1 9 , 2 0 0 3 5 , 4 0 0 3 7 , 4 0 0 4 A r t e r i a l 16 , 3 0 0 C 20,700 D 2 P r o s p e c t R o a d Mi l l e r A v e n u e t o L a w r e n c e E x p r e s s w a y 0 0 1 9 , 2 0 0 3 5 , 4 0 0 3 7 , 4 0 0 4 A r t e r i a l 18 , 3 0 0 C 23,300 D 3 S a r a t o g a - S u n n y v a l e R o a d U n i o n P a c i f i c R a i l r o a d 0 0 1 9 , 2 0 0 3 5 , 4 0 0 3 7 , 4 0 0 4 A r t e r i a l 26 , 1 0 0 D 33,200 D 4 S a r a t o g a - S u n n y v a l e R o a d V e r d e V i s t a L a n e t o B l a u e r D r i v e 0 0 1 9 , 2 0 0 3 5 , 4 0 0 3 7 , 4 0 0 4 A r t e r i a l 17 , 5 0 0 C 22,300 D 5 P i e r c e R o a d Su r r e y L a n e t o S a r a t o g a - S u n n y v a l e R o a d 2, 6 0 0 5 , 2 0 0 7 , 8 0 0 1 1 , 0 0 0 1 2 , 9 0 0 2 C o l l e c t o r 3, 0 0 0 B 3,800 B 6 C o x A v e n u e RR T r a c k s t o S a r a t o g a A v e n u e 0 0 9 , 1 0 0 1 6 , 7 0 0 1 7 , 7 0 0 2 A r t e r i a l 10 , 5 0 0 D 13,300 D 7 S a r a t o g a A v e n u e C o x A v e n u e t o N o r t h e r l y C i t y L i m i t 0 0 1 9 , 2 0 0 3 5 , 4 0 0 3 7 , 4 0 0 4 A r t e r i a l 31 , 9 0 0 D 40,500 F 8 S a r a t o g a A v e n u e V i n e y a r d L a n e t o C o x A v e n u e 0 0 1 9 , 2 0 0 3 5 , 4 0 0 3 7 , 4 0 0 4 A r t e r i a l 36 , 9 0 0 E 46,900 F 9 S a r a t o g a A v e n u e F r u i t v a l e A v e n u e t o D a g m a r D r i v e 0 0 1 9 , 2 0 0 3 5 , 4 0 0 3 7 , 4 0 0 4 A r t e r i a l 32 , 8 0 0 D 41,700 F 10 S a r a t o g a A v e n u e W e s t e r l y S h a d o w O a k s W a y t o F r u i t v a l e A v e n u e 0 0 9 , 1 0 0 1 6 , 7 0 0 1 7 , 7 0 0 2 A r t e r i a l 16 , 6 0 0 D 21,000 F 11 B i g B a s i n W a y Sa r a t o g a - S u n n y v a l e R o a d t o P i e r c e R o a d 0 0 9 , 1 0 0 1 6 , 7 0 0 1 7 , 7 0 0 2 A r t e r i a l 6, 3 0 0 C 8,000 C 12 F r u i t v a l e A v e n u e A l l e n d a l e A v e n u e t o S a r a t o g a A v e n u e 0 0 1 9 , 2 0 0 3 5 , 4 0 0 3 7 , 4 0 0 4 A r t e r i a l 19 , 9 0 0 D 25,300 D 13 F r u i t v a l e A v e n u e B u r g u n d y W a y t o A l l e n d a l e A v e n u e 0 0 1 9 , 2 0 0 3 5 , 4 0 0 3 7 , 4 0 0 4 A r t e r i a l 8, 5 0 0 C 10,800 C 14 A l l e n d a l e A v e n u e P o r t o s C o u r t t o C h e s t e r A v e n u e 0 0 9 , 1 0 0 1 6 , 7 0 0 1 7 , 7 0 0 2 A r t e r i a l 7, 6 0 0 C 9,700 D 15 Q u i t o R o a d Yo r k t o n W a y t o B a y l o r A v e n u e 0 0 9 , 1 0 0 1 6 , 7 0 0 1 7 , 7 0 0 2 A r t e r i a l 17 , 8 0 0 F 22,600 F 16 Q u i t o R o a d Po l l a r d R o a d t o A l l e n d a l e A v e n u e 0 0 9 , 1 0 0 1 6 , 7 0 0 1 7 , 7 0 0 2 A r t e r i a l 13 , 8 0 0 D 17,500 E 17 Sa r a t o g a - L o s G a t o s R o a d S a r a t o g a A v e n u e t o F r u i t v a l e A v e n u e 0 0 9 , 1 0 0 1 6 , 7 0 0 1 7 , 7 0 0 2 A r t e r i a l 13 , 0 0 0 D 16,500 D 18 S a r a t o g a - L o s G a t o s R o a d F r u i t v a l e A v e n u e t o Q u i t o R o a d 0 0 1 9 , 2 0 0 3 5 , 4 0 0 3 7 , 4 0 0 4 A r t e r i a l 16 , 1 0 0 C 20,400 D Le v e l o f S e r v i c e T h r e s h o l d s Se g m e n t Ro a d w a y Ge n e r a l Pl a n I D Ta b l e A - 1 : R o a d w a y S e g m e n t L e v e l o f S e r v i c e T h r e s h o l d s a n d S u m m a r y Future (2030) Volume Ex i s t i n g ( 2 0 1 0 ) V o l u m e Fu n c t i o n a l Cl a s s Nu m b e r o f La n e s Ci t y o f S a r a t o g a C i r c u l a t i o n a n d S c e n i c H i g h w a y E l e m e n t 29 5 Sa r a t o g a - S u n n y v a l e R o a d Prospect R oad Cox Avenue Q u i t o R o a d Saratoga-Lo s G atos R oad P i e r c e R o a d B i g B a s i n W a y S a r a t o g a A v e n u e F r u i t v a l e A v e n u e Mountain Winery Saratoga High School Prospect High School Redwood Middle School Foothill Elementary Argonaut Elementary Blue Hills Elementary Marshall Lane Elementary Saratoga Elementary Christa McAuliffe Elementary Villa Montalvo Sanborn County Park Fremont Older OSP Central Park Kevin Moran Park El Quito Park Azule Park St. Marcos Open Space Wildwood Park Bellgrove Park Beauchamps Park Congress Springs Park Gardiner Park Foothill Park Historical Park Brookglen Park Ravenswood Park Hakone Gardens Saratoga Country Club City of Saratoga Open Space/Conservation Element Background Report/Goals, Policies, and Implementation Measures ¬ Page 10 UNGO-McCORMICK CONSULTING Jerry Haag, Urban Planner Revised by City of Saratoga EXISTING AND PROPOSED TRAILS Exhibit OSC-2 Saratoga Parks Other Park Resources Public Schools 0 3,000 6,0001,500 Feet Legend Existing City Trails Proposed City Trails Other Existing Public Trails Other Proposed Public Trails City Limits Sphere of Influence 296 1 SARATOGA CITY COUNCIL MEETING DATE: October 20, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Michael Fossati DIRECTOR: John F. Livingstone, AICP SUBJECT: Adoption of the General Plan Circulation and Scenic Highway Element and conforming amendment to the Open Space and Conservation Element trails map, and a Negative Declaration RECOMMENDED ACTION: Planning Commission recommends the City Council; • Open the public hearing and accept public testimony on the General Plan Amendment; • Close the hearing and deliberate; • Certify the Negative Declaration by Resolution (Attachment 1) and approve the Resolution to adopt the revised General Plan’s Circulation and Scenic Highway Element including a conforming amendment to the Open Space and Conservation Element (Attachment 2). REPORT SUMMARY: The General Plan is a legal, land use policy document that charts the future of the City as expressed by the community. The document consists of goals, policies, action programs, area plans, and basic information regarding the City of Saratoga. The General Plan is composed of seven mandated elements. Those elements are Land Use, Circulation, Housing, Noise, Open Space, Conservation and Safety. This report discusses an update to the Circulation and Scenic Highway Element (Circulation Element) of the City’s General Plan. Although State law does not mandate how often a General Plan element (with the exception of the Housing Element) should be updated, it does require jurisdictions to periodically update their General Plan. The City’s Circulation Element was previously updated in 2000. The Circulation Element is a policy document that acts as a long-range traffic management plan and is intended to assess existing traffic conditions and develop goals and policies to address any changed conditions. This update to the Circulation Element also allows the City to address any new California legal requirements pertaining to circulation elements. The update to the Circulation Element includes the following: • Updates to descriptive information regarding transportation policy. • Clarification of existing policies. • Changes to the bicycle facilities maps to reclassify or remove certain existing bike routes. • Identify new bike routes, bike lanes, and bike trails. 297 2 • Demonstrate future bike routes and conceptual alignments of proposed future bike trails. The update also includes a conforming map amendment to the City’s Open Space and Conservation Element (Open Space Element). This amendment will create consistent trail maps between the Circulation Element and Open Space Element. The update will not result in physical changes or new construction of roadways, routes, lanes, or trails within the City. An Initial Study and subsequent Negative Declaration have been prepared for this Circulation Element update pursuant to the California Environmental Quality Act (CEQA) guidelines. The initial study concluded that the Circulation Element update will not result in significant adverse impacts on the environment. Public Hearings The following public hearings were scheduled to review the Circulation Element update. The meetings included discussion with the Pedestrian, Equestrian, Bicycle, and Trails Advisory Committee (PEBTAC), Traffic Safety Committee (TSC), Planning Commission and City Council. The dates of these meetings and topics of discussion were as follows: October 15, 2008 – City Council considered proposed amendments regarding designations of the bicycle facilities map within the Circulation Element. The Council accepted public testimony and directed staff to consult further with PEBTAC to explore alternatives to the proposed amendments. April 15, 2009 – City Council provided direction to Staff to move forward with the process of incorporating the proposed bicycle map into an updated Circulation Element. February 17, 2010 – City Council meeting to authorize the Fehr and Peers to prepare the update to the Circulation Element. May 13, 2010 – Joint meeting between PEBTAC and TSC to review the Draft Circulation Element’s proposed goals, programs, and policies. September 8, 2010 - The Planning Commission recommended approval to the City Council of a Negative Declaration and an Update to the General Plan Element, including an amendment to the trails map within the Open Space and Conservation Element. The Planning Commission also recommended that both the proposed Village Trail lengthened approximately one-quarter mile west past Saratoga-Sunnyvale Road and that comments from the VTA be incorporated. VTA recommended minor changes to the text of certain portions of the Draft Element. A matrix detailing the questions and comments has been added to this staff report as Attachment 3. Environmental Review The public review period for the Negative Declaration and the Draft Circulation Element began on July 26, 2010 and ended on August 26, 2010. Staff did not receive comments on the Negative Declaration. Staff did receive minor comments from the City of Campbell, the Valley Transportation Agency (VTA) and Caltrans on the Circulation Element. 298 3 OPEN SPACE/CONSERVATION ELEMENT UPDATE: A component of a General Plan Element update is to ensure that other elements within the General Plan are consistent. Staff and PEBTAC determined that the trails map located in the Open Space Element were different than the trails map within the Circulation Element. It was demonstrated that trail facilities in the Open Space trails map were either misrepresented or in different locations than the trail facilities in the Circulation Element trails map. Once the trail locations were confirmed, Staff worked with PEBTAC to verify that both the Circulation Element trails map and the Open Space trails map were identical with one another. The updated trails maps for the Circulation and Open Space Elements are included as Attachment 4 and 5. FISCAL IMPACTS: The approved contract amount with Fehr and Peers to prepare the Circulation Element was $14,000. No additional fiscal impact is anticipated from this project. As a General Plan document, the Circulation Element does not specifically commit the City to programs that have a financial impact in regard to the current budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Circulation Element update would not be adopted and the current Circulation Element would remain in effect. Maps within the Circulation Element would remain unchanged, including the bicycle facilities map that designates Mt. Eden Road, Pierce Road, and sections of Big Basin Way as existing bicycle routes. The existing trails map within the Circulation Element and the Open Space Element would remain inconsistent. ALTERNATIVE ACTION: • Continue this item and direct staff and consultants to revise the Circulation Element, or • Do not approve the Circulation Element update. This will leave the existing Circulation Element as the City’s land use regulatory document. FOLLOW UP ACTION: None required. ADVERTISING, NOTICING AND PUBLIC CONTACT: The public participation component of the project is described on page 2-3 of the Circulation Element. A public notice of the Circulation Element update and the Negative Declaration was sent to all adjoining jurisdictions, all regional traffic management agencies, all tribal agencies and school districts within the City’s jurisdiction, the Santa Clara County Recorder’s office and the State Clearinghouse. 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.saratoga.ca.us. Notice of this meeting was properly posted and published in the Saratoga News on October 5, 2010. 299 4 ATTACHMENTS: 1. Resolution to adopt an Initial Study/Negative Declaration with the following attachment: a. Initial Study/Negative Declaration (without Attachment A, included below as Attachment 2a) 2. Resolution to adopt the Circulation and Scenic Highway Element with the following attachment: a. Draft Circulation and Scenic Highway Element 3. Matrix of Summary Responses from Public Comments a. E-mail from City of Campbell b. E-mail from PEBTAC c. Letter from VTA d. Letter from Caltrans 4. Trails Map – Circulation and Scenic Highway Element 5. Trails Map – Open Space and Conservation Element (includes previous map with change items and proposed map) 6. Staff Report – Planning Commission Meeting – Sept. 8, 2010 300 SARATOGA CITY COUNCIL MEETING DATE: November 17, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher A. Riordan, AICP DIRECTOR: John Livingstone, AICP SUBJECT: Consent Item: Final Annexation of an approximately 33,253 (gross) square foot parcel (APN 503-13-138) located at 22215 Mount Eden Road including the adjacent right-of-way portion of Mount Eden Road. RECOMMENDED ACTION: Approve final annexation of an approximate 28,331 square foot parcel known as APN 503-13- 138 (Lands of Keenan) located at 22215 Mount Eden Road including the approximate 4,922 square feet, 107 foot long adjacent right-of-way portion of Mount Eden Road by adopting the attached Resolution. REPORT SUMMARY: The applicants, John and Cheryl Keenan, have filed an application with the City of Saratoga (City) for annexation approval. On October 21, 2009, the City Council approved a Resolution to initiate the annexation of 22215 Mount Eden Road. The applicant’s parcel is located in the County of Santa Clara (County) and is approximately 28,331 square feet. The vacant property (hereinafter referred to as ‘the county parcel’) is contiguous with the western limits of the City along Mount Eden Road and is within the City’s Sphere of Influence and Urban Service Boundaries. The adjacent 107 foot long portion of Mount Eden Road is presently a County public road and the County has required annexation of this portion of Mount Eden Road to the City along with the subject parcel. The applicant also owns the adjacent 1.9 acre parcel to the West. This parcel is located in the City and is improved with a single-family residence which is the home of the applicant. Access to this parcel is from an easement across the County parcel. If the property were annexed, a residential development project would be subject to Saratoga’s development standards which control building design, height, impervious coverage, colors and materials, and floor area. The applicant does not have immediate intentions of developing but did concede that future development of the parcel could be possible. The maximum possible home square footage that could be developed on the lot would be 4,986 square feet. If the property were developed in Santa Clara County, County development standards would apply. These standards would allow the height of a residence to be 35-feet, there is no limit on floor area ratio, and there is no control on exterior colors or materials. DISCUSSION: By agreement with the County of Santa Clara (County) and the Local Agency Formation Commission (LAFCO) an annexation to the City is generally required when development is 301 proposed on parcels that are contiguous to the City boundary and that are located within the City’s Urban Service Area (USA). Under the City’s Annexation procedure and the Local Agency Formation Commission (LAFCO) statutes, this annexation will not be reviewed by LAFCO, require notice, hearing, or an election because the annexation is being made by a petition with 100 percent consent of the property owner. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed independently of LAFCO in processing annexation applications within the City’s Urban Service Area (Government Code Section 56757). The Act requires, however, that cities follow the procedures used by LAFCO to the extent practicable. The Act establishes a three-part process for annexations: (1) Initiation of Annexation; (2) Protest Proceedings which may be waived by the City Council; and (3) Approval of Annexation. General Plan The parcel proposed for annexation conforms to the applicable land use and density criteria contained in the City Code and General Plan. The property is located in the Hillside Residential (HR) Prezone area. Goal LU 14 of the General Plan supports appropriate and contiguous City boundaries to provide for the efficient delivery of public services and to create a greater sense of community if the proposed annexation conforms to the following General Plan policy: LU 14.1: Land shall not be annexed to Saratoga unless it is contiguous to the existing City limits, within the Sphere of Influence, and is determined by the City that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. The properties northern and eastern property lines are contiguous to existing City limit lines. The property is already served by utilities. The City is required by County roadway policies to annex a portion of Mount Eden Road. Fiscal impacts to the City associated with road maintenance and other urban services are minimal. The proposed annexation meets the above General Plan policy. California Environmental Quality Act (CEQA) Annexations are projects subject to the environmental review requirements of the California Environmental Quality Act (CEQA). Staff has determined that the annexation would be exempt from CEQA review pursuant to Section 15319 of the CEQA Guidelines. That section provides that annexations are categorically exempt from CEQA review if they do not exceed the minimum size for facilities exempted by Section 15303 (that section limits exemptions to up to three single-family residences in an urbanized area). Staff has determined that findings can be made to support the Categorical Exemption of the proposed annexation of property located at 22215 Mount Eden Road (APN 503-13-138) into the City of Saratoga in that the annexation is for less than three single family residences in an urbanized area. There is no subdivision potential and the proposed annexation does not involves or change the standards for extension of utility services to the parcel. FISCAL IMPACTS: The City of Saratoga will be responsible for maintaining the 107 foot long section of Mount Eden Road adjacent to the subject parcel. The associated cost of this maintenance according to 302 the Public Works Department is expected to be minimal. Nevertheless, the City will benefit from additional property tax revenue based on the assessed value of the vacant property, which is currently $18,998 as of July 1, 2010. If a house is developed on the parcel in the future than there would be an expected significant increase in assessed value upon completion of the future development. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the final annexation is not granted the property at 22215 Mounted Eden Road would remain in Santa Clara County and future development of the parcel would be subject to the County’s development standards. ALTERNATIVE ACTION: Deny the proposed resolution initiating annexation. FOLLOW UP ACTION: Upon approval of the attached resolution approving the annexation, Staff will proceed with the final annexation procedures with LAFCO. ADVERTISING, NOTICING AND PUBLIC CONTACT: Advertising and other public noticing are not required for the final approval of an annexation application. This item was 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 and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. ATTACHMENTS: 1. Resolution approving the Annexation A. Legal Description B. Plat Map 2. List of Services Report 3. Report of the Santa Clara County Surveyor (enclosed legal description and plant attached to the Resolution) 4. Report of the Santa Clara County Assessor 303 1 RESOLUTION NO __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING ANNEXATION TO THE CITY OF SARATOGA OF A PROPERTY LOCATED AT 22215 MOUNTED EDEN ROAD – APN 503-13-138 AND ANNEXATION OF THE ADJACENT MOUNT EDEN ROAD RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council is considering the annexation of an approximately 28,331 (gross) square foot property, hereinafter referred to as the “the territory”, APN 503-13-138, located at 22215 Mount Eden Road and annexation of the adjacent approximately 4,922 square foot Mount Eden Road right–of-way, both contiguous to the City of Saratoga and described in Exhibits “A” (legal description) and “B” (plat map) incorporated herein in order to provide for use of City services and to apply the terms of the City General Plan and City Code to development proposals initiated after completion of the annexation; and WHEREAS, the City Council initiated annexation proceedings on October 21, 2009; and WHEREAS, the City Council has determined the project to be exempt from the California Environmental Quality Act (CEQA) pursuant to section 15319 of the CEQA Guidelines; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the territory to be annexed at 22215 Mount Eden Road is in the City of Saratoga’s Urban Service Area and Sphere of Influence and is pre-zoned as HR (Hillside Residential); and WHEREAS, the proposed annexation is consistent with the following General Plan policy; and LU 14.1: Land shall not be annexed to Saratoga unless it is contiguous to the existing City limits, within the Sphere of Influence, and is determined by the City that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. The properties northern and eastern property lines are contiguous to existing City limit lines. The property is already served by utilities. The City is required by County roadway policies to annex 107 feet of Mount Eden Road. Fiscal impacts to the City associated with road maintenance and other urban services are minimal. The proposed annexation meets the above General Plan policy. WHEREAS, there is one hundred percent (100%) owner consent of the annexation proceedings, no notice, public hearing, or election will be required for annexation approval by the City; and WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and has determined that said territory is considered uninhabited for the purposes of annexation proceedings. 304 2 WHEREAS, the City Council of the City of Saratoga hereby makes the following findings: A. That the annexation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15319 of the CEQA guidelines. B. That the unincorporated territory to be annexed is within the urban service area of the City as adopted by the Santa Clara County Local Agency Formation Commission. C. That the Santa Clara County Surveyor has made a determination that the boundaries of the area proposed to be annexed are definite and certain, and in compliance with LAFCO’s road annexation policies. D. That the proposal does not split lot lines of assessment or ownership and that this fact has been confirmed by the Santa Clara County Assessor’s Office. E. That the proposal does not create islands or areas in which it would be difficult to provide municipal services. F. That the proposal is consistent with the adopted General Plan of the City and that the property has been pre-zoned with the designation Hillside Residential (HR). G. That the territory is contiguous to the existing City limits. H. That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the urban service area of the City. I. That all property owners within the territory have been informed of these proceedings and no opposition has been received. NOW, THEREFORE, BE IT RESOLVED that annexation of the territory is hereby ordered without protest proceedings and that upon completion of applicable procedures the territory described in Exhibits “A” and “B” will be annexed to the City of Saratoga. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga held on the 17th day of November 2010 by the following vote COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Kathleen King Ann Sullivan, MAYOR CITY CLERK Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY Saratoga, California 305 306 3 0 7 308 309 310 SARATOGA CITY COUNCIL MEETING DATE: November 17, 2010 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Jonathan Wittwer, Asst. City Atty. DIRECTOR: John Livingstone, AICP Christopher A. Riordan, AICP SUBJECT: ANEX10-0002 – Application for Initiation of Annexation Proceedings by Garrod Trust RECOMMENDED ACTION: Staff recommends the City Council adopt the Resolution Initiating Annexation (Attachment 1) and refer the proposed annexation and preparation of a Pre-Annexation Agreement and all related land use approvals to the Planning Commission for a public hearing and consideration of recommendations and return to the City Council for final decision as to the Pre-Annexation Agreement, Addition of AP/OS Overlay Zoning, Development Agreement, new Combined Williamson Act Contract, Use Permit and CEQA Compliance. Project Description The Cooper-Garrod Winery and Garrod Farms Commercial Equestrian Center (hereafter the “Winery/Equestrian Facility” or the “Facility”) is located at 22600 Mt. Eden Road. The Garrod Trust owns the entirety of the approximately 120+ acres on which the Winery/Equestrian facility is located. Of the 120+ acres: (1) 51 acres is located in the City of Saratoga and zoned with an overlay of “AP/OS” (Agricultural Preserve/Open Space), with underlying zoning of “A” (Agriculture); (2) an adjacent 68 acres is located in the unincorporated area of the County of Santa Clara (separate parcels pre-zoned by the City as “R-OS” (Residential-Open Space); and (3) 1.5 acres is located in the City of Cupertino (outside Saratoga’s Sphere of Influence). See Maps as follows: Attachment 3, Existing Conditions Map - the aerial planimetric map showing the areas of the site in the City and in the County, as well as all the structures, buildings, parking areas, and other use areas. Attachment 4, Existing Land Use Map - showing the breakdown of use areas. Having the Garrod Trust Property split as to jurisdiction among public agencies with land use authority has created a situation that has made long-term planning, and any potential future implementation of modifications to Winery/Equestrian Facility cumbersome and in some cases impossible to achieve (indeed, the boundary line between the County and the City of Saratoga not only cuts through some of the use areas, it also actually bisects one or more structures). As a result, the Garrod Trust has proposed annexation of the 68 acres currently in the County into the 311 City of Saratoga and requested that the currently existing uses and structures be recognized as conforming uses and structures once annexed. In order to further its purposes, the Garrod Trust requests that the City Council approve a Resolution Initiating Annexation of the 68 acres. Staff is recommending that all the below components of the proposed annexation package be acted on by the City Council after reference to and recommendation from the Planning Commission. That is because several important components require prior recommendation from the Planning Commission and most components cannot become effective in any event until annexation is final. (1) Approval of a Pre-Annexation Agreement (including determination of whether to recognize existing uses and structures currently in the County as conforming or nonconforming) upon annexation into the City. The Pre-Annexation Agreement will also specify benefits to City such as public trail and restroom availability; (2) Approval of the Development Agreement recognizing existing uses and structures on Garrod Trust Property currently in the City of Saratoga; (3) Approval of Zoning Amendment (to become effective upon Final Approval of Annexation) to add Agricultural Preserve/Open Space Overlay Zoning on Garrod Trust Property proposed for annexation to City of Saratoga; (4) Approval of Combined Williamson Act Contract (to become effective upon Final Approval of Annexation) for entire nearly 120 acre Garrod Trust Property to be inside City boundaries, by rescission of existing County and City Contracts and simultaneous reentry into new Williamson Act Contract with City; (5) Approval of Application for Use Permit (to become effective upon Final Approval of Annexation) governing use of entire nearly 120 acre Garrod Trust Property to be inside City boundaries; (6) Approval of Annexation of 68-acre portion of Garrod Trust Property to City; and (7) If the Council approves initiation of annexation proceedings, an analysis and determination will be made as to the proper method of CEQA compliance for the Project represented by this proposed Annexation and related Agreements and land use regulatory actions. Background Report regarding Benefits of Annexation and Current Status of Property A detailed Background Report addressing the current status of the Garrod Trust Property (both the County portion and the City portion) and the economic benefits and CEQA procedures for annexation is Attachment 2 to this Staff Report. 312 Annexation-Related Benefits and Risks Taking first the benefits of annexation and the ability of the City to provide public services, the City General Plan and Hillside Specific Plan establish goals and policies applicable to annexations which are relevant to the Garrod Trust Application. General Plan (“GP”) Policy LU 14.1 provides that: “Land shall not be annexed to Saratoga unless it is contiguous to the existing city limits, within the Sphere of Influence, and it is determined by the City that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. Similarly, Goal 5 of the Hillside Specific Plan (“HSP”) is that “[d]evelopment and maintenance of public services shall minimize financial risks to the City and shall be equitable to all citizens of Saratoga.” As to the first two quantified requirements of GP LU 14.1, the Garrod Trust Property clearly complies in that it is contiguous to the existing City limits (indeed nearly half of the 120+ acres are already in the City), and the 68 acres proposed to be annexed is within the Saratoga Sphere of Influence. With regard to minimized financial risk (HSP Goal 5), avoidance of disproportionate financial risk to the City will be accomplished by Garrod Trust providing some stabilization of areas for the annexation-related geological hazard risks to the City regarding Mt. Eden Road as identified by the Geotechnical Evaluation of Roadway Conditions Report already conducted at the expense of the Garrod Trust (See Attachment 6). The County has also committed to provide some funding for this purpose as well. The most recent communication from the County in this regard is as follows: The County’s road annexation policies include the agreement to resurface roads that are to be annexed from the County to another public agency. Instead of the County performing this road resurfacing work prior to the annexation of approximately 2,075 feet of Mount Eden Road, the County has agreed to provide approximately $25,000 to the City to pay for the cost of resurfacing. This amount is based on the most recent unit costs from contractors that the County has contracted work to perform similar road resurfacing work. The Geotechnical Evaluation of Roadway Conditions Report identified at least two roadway drainage facilities that require repair. The County has indicated that this work will be paid for by the County and performed by County roadway crews. The County has estimated that their costs to pay for the repairs would be approximately $40,000. HSP Goal 5 that the annexation be equitable to all citizens of Saratoga is supported by the fact that the portion of the Property proposed to be annexed will bring in annually $750,000 to $1,000,000 in gross revenues (as estimated by Garrod Trust), and the City receives 1 cent of the 9.25 cents in sales tax collected on every taxable dollar – meaning the City would receive approximately $7,500 to $10,000 per year in additional revenues. This also supports the GP LU 14.1 determination that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. Analysis of whether this determination can be made is in the context of the fact that the public services which are provided by the City are already being provided to nearly half of the Garrod Trust Property. Since Saratoga is a “contract city” for most public services, the primary services for the Property to be annexed will remain essentially the same. 313 Other benefits to the City and the public will include public trail and restroom access. These benefits will be assessed by the City Parks, Equestrian, Bicycle and Trails Committee (PEBTAC) at its meeting on November 16, 2010 and reported to the Council at the November 17, 2010 meeting to consider initiation of annexation. If the City Council concludes that the annexation should be considered as a “major development proposal” even though no actual development (or change of existing use) is being proposed, GP LU 3.1 would require that: “[t]he City shall consider the economic impact of all land use decisions on the City budget through the preparation of fiscal impact analyses for major development proposals.” Current Status of the Property As to the current status of the Property (existing uses and structures), the attached Background Report details the evidentiary support for recognizing most (if not all) uses and structures as “conforming to City regulations.” This would be accomplished by means of the Pre-Annexation Agreement as to those uses and structures on the Property being Annexed and by Development Agreement as to those uses and structures on the Property already in the City. The limiting parameters on those existing uses and structures (and any replacement or minor expansion or intensification now anticipated) will be established by a Use Permit and Combined Williamson Act Contract covering the entire nearly 120-acre Property which will end up inside the City boundaries. The basis for the foregoing conclusions as to the current status of the Property can be found in a number of applicable City land use regulations, including the City General Plan and the Hillside Specific Plan. The latter specifically provides as follows: “Land use in the western hillside area should be limited to agricultural and residential uses and appurtenances thereto with plant nurseries, wineries and recreational facilities subject to the granting of a conditional use permit. Such other uses will be allowed as may be added by the City Council consistent with the purposes and intent of the Specific Plan and Zoning District established.” As the Background Report explains, Garrod Trust already holds a Use Permit granted by the County for its Equestrian Facility (1964) and it’s Winery (1994). In addition, the City General Plan strongly supports agricultural and equestrian uses and two Williamson Act Contracts already exist (one for the Property in the County and one for the Property in the City). The compatible uses allowed under those Contracts include most if not all of the uses and structures existing on the Property and the City’s Agricultural Preserve/Open Space Overlay Zone District (already on the Property in the City and required to be added to the Property to be Annexed) authorizes all compatible uses identified in the Williamson Act Contract. A Conditional Use Permit will be required to cover the entire Property after annexation and conditions of approval will establish appropriate limiting parameters. The existing structures are in compliance with the City’s “Hillside Residential Major and Minor Ridgeline Map”. This map indicates that a Major Ridgeline is present at the northwestern corner of the 51 acre parcel located in the City. The Existing Conditions Map (See Attachment 3) illustrates that this northwestern corner is being used as a vineyard and no structures are located 314 on this ridgeline. All existing structures are located on the lower potions of the site that are to the east of the Major Ridgeline. There are no other Major or Minor Ridgelines present on the site. Environmental Review It appears that this Annexation and the attendant agreements, conformity determinations, zoning actions and use permit approval will produce no physical change in the environment because they will merely recognize the currently existing lawfully established uses and structures on the Garrod Trust Property and document and clarify the proper land use regulatory regime already applicable (or required to be applicable) to the Garrod Trust Property by virtue of existing Williamson Act contracts and City pre-General Plan designation and pre-Zoning. Garrod’s Winery/ Equestrian Facility has informed the City that it operates 365 days a year and is generally open to customers and the public with the exception of some holidays. The Facility already conducts numerous special events associated with the Stables and Winery. These include community events such as the Saratoga Historical Foundation annual picnic and Saratoga High School Reunions, corporate events for local businesses such as Cisco, weddings, neighborhood open houses and equestrian competitions. In 2009 there were a total of 60 events utilizing indoor or outdoor facilities or both. The number of visitors varies (typically from 150 – 300 visitors over a 4 – 8 hour period). The largest attendance in 2009 was the Mother’s Day Vaulting Fest with 710 visitors over a 12 hour period. For larger events, vehicular circulation and parking are directed at key locations by Garrod’s Winery/ Equestrian Facility staff and additional restroom facilities are brought in. It does appear that the County took the position in 2005 that a modification to the existing Use Permit was needed to authorize “Special Events” described as “scheduled events of up to 120 people, four times per month from March through October.” This position was taken even though the then “Current Usage” already included picnics, occasional pot-luck events, occasional sit-down dinners, horseshow receptions, wine tasting receptions, and other occasional receptions. The Williamson Act with the County allowed as compatible uses “seasonal and occasional events and the County has not found the “Current Usage” of the Winery/Equestrian Facility to be in violation of any County regulations. To the extent that this proposed annexation (including the Zoning Amendment and Use Permit actions) modify the existing land use regulatory regime, it does not appear that there will be any resulting physical change in the environment or in the uses or structures already allowed, except to possibly establish more defined parameters. At present Garrod Trust has represented that it has no future plans for use or development of the Garrod Trust Property other than to continue to operate Garrod Trust’s existing businesses on such Property, based on sustainable business and environmental practices, and to maintain existing housing for family members and employees. If the Council approves initiation of annexation proceedings, an analysis and determination will be made as to the proper method of CEQA compliance for the Project represented by this proposed Annexation and related Agreements and land use regulatory actions. 315 PROJECT ALTERNATIVE: Reject the Resolution Initiating Annexation and continue the status quo with approximately 68 acres of the Garrod Trust Property under County jurisdiction and approximately 51 acres of the Garrod Trust Property under City jurisdiction. FISCAL IMPACTS: The annexation will bring with it sales tax revenues from existing uses, as well as providing public access to trails and restrooms. Risks of fiscal impacts due to any stability issues related to Mt. Eden Road will be addressed by Garrod Trust providing some stabilization of areas for the annexation-related geological hazard risks to the City as identified by the Geotechnical Evaluation of Roadway Conditions. The County has also committed to provide some funding as well. Cotton, Shires and Associates, the City’s Geologist, has prepared a Relative Cost Estimate for Characterization and Mitigation of potential geotechnical hazards impacting the portion of Mount Eden Road that would be annexed to the City of Saratoga. A copy of this Cost Estimate is included as Attachment 6. ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notices to property owners within 500-feet, posted notice, and publication of advertised notice in the Saratoga News has been given for this item regarding Initiation of Annexation Proceedings. It was also 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 and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. ATTACHMENTS: 1. Proposed Resolution of City Council Initiating Annexation 2. Background Report on Current Status of Garrod Trust Property and Economic Benefit of Annexation 3. Existing Conditions Map - the aerial planimetric showing the areas of the site in the City and in the County, as well as all the structures, buildings, parking areas, and other uses 4. Existing Land Use Map - showing the breakdown of use areas 5. Geotechnical Evaluation of Roadway Conditions with Map 6. Geotechnical Hazard Mitigation Cost Estimate prepared by Cotton, Shires and Associates 316 RESOLUTION INITIATING ANNEXATION OF PROPERTY LOCATED AT 22600 MOUNT EDEN ROAD RESOLUTION NO __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING ANNEXATION OF A PROPERTY LOCATED AT 22600 MOUNT EDEN ROAD WHEREAS, at a November 17, 2010 noticed public hearing the City Council considered the request by Garrod Trust for initiation of annexation proceedings for its approximately 68 acre property, hereinafter referred to as the “the territory,” APN’s 503-10-044,065,067; 503-11- 008,009,012; and 503-74-001,002,003,004 contiguous to the City of Saratoga; and WHEREAS, the City Council has determined this initiation of the annexation proceedings to be exempt from the California Environmental Quality Act (CEQA); and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the territory to be annexed at 22600 Mount Eden Road is in the City of Saratoga’s Urban Service Area and Sphere of Influence and is pre-zoned as R-OSP (Residential Open Space Prezone); and WHEREAS, once initiated, the annexation will include referral to the Planning Commission for recommendations and return to the City Council for final action on the actual annexation, a pre-annexation agreement, development agreement, Williamson Act agreement, zoning amendment, a proposed use permit, possible variation from standards and CEQA compliance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby initiates annexation proceedings and will consider annexation to the City of the territory known as Assessor’s Parcel Number’s 503-10-044,065,067; 503-11-008,009,012; 503-74- 001,002,003,004 located at 22600 Mount Eden Road at a meeting to be scheduled to approve annexation. The above Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 17th day of November 2010 by the following vote COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: 317 RESOLUTION INITIATING ANNEXATION OF PROPERTY LOCATED AT 22600 MOUNT EDEN ROAD SIGNED: ATTEST: _________________________________ _____________________________ Kathleen King, Ann Sullivan, MAYOR CITY CLERK Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY Saratoga, California 318 BACKGROUND REPORT RE GARROD TRUST REQUEST FOR ANNEXATION AND CONFORMING STATUS DETERMINATION FOR EXISTING USES AND STRUCTURES Prepared by Assistant City Attorney Jonathan Wittwer November 10, 2010 319 TABLE OF CONTENTS Page# Introduction 1 Regulatory History Summary 1 Project Description 1 Background 1 Economic and Other Benefits and Risks of Annexation and City Ability to Continue to Provide Undiluted Public Services 3 • Current Uses and Structures in County - Discussion of Legal Conforming Status 3 Legal establishment under County Use Permits 3 Conformity to City General Plan 5 General Plan Goals and Policies 5 Land Use Element Background Report pp 13-14 and Table LU-1 (Land Use Categories) 5 Williamson Act Contracts and Agricultural Protection – Goal LU 7 6 Open Space Element Background Report, Goals and Policies 6 Prior City Determination Harmonizing Land Use Density, Open Space and Housing Elements of City General Plan (2002 Planning Commission Resolution) 8 Conformity to City Zoning Regulations 9 City Zoning Regulation Authorizing All Uses in County Williamson Act Contract 12 Uses Also Generally Authorized Under R-OS Zoning 12 Basis for Deeming Current Uses and Structures in County to be Legal and Conforming Upon Annexation to City 12 Current Uses and Structures in City - Discussion of Legal Conforming Status 13 Proposed Pre-Annexation Agreement Governing Property to be Annexed to City 15 Proposed Development Agreement Governing Property Already Inside City 15 320 Zoning Amendment to Add Agricultural Preserve (AP) Overlay Zoning to Property Annexed to City 15 Combined Post-Annexation Williamson Act Contract – Rescission and Simultaneous Reentry 16 Combined Post-Annexation Use Permit 16 Environmental Review 16 Conclusion 16 321 1 INTRODUCTION Garrod Trust has requested the City to initiate annexation proceedings for 68 acres it owns in the County of Santa Clara contiguous to 51 acres it owns in the City. As part of these proceedings, Garrod Trust has requested the City Council to exercise its authority under City Code Section 15-65.035 to determine whether the current uses and structures on the Property to be Annexed should be granted “conforming” status. Since Section 15-65.035 was enacted by the City Council within the past 14 months, this is the first time the authority to determine “conforming” status will be exercised. Garrod Trust is already operating a Winery/Equestrian Facility on the 68-acre Property to be Annexed and a variety of uses and structures will need to be evaluated for “conforming” status. Furthermore, a number of land use regulations come into play. It is for these reasons that this Background Report is being provided for context as to the factors and analysis relevant to making the requested conformity determination. REGULATORY HISTORY SUMMARY 04/23/1964 County Use Permit 10P 64.1 (Reso. 7998) issued for Equestrian Facility 11/02/1970 Williamson Act Contract executed for property in the City 01/05/1983 City Action Creating Adding AP/OS Overlay and Adding it to Garrod Trust Property Already inside City 04/23/1994 County Use Permit Modified to Add Winery Facility issued for 12/15/1993 City Prezoning of Property under Consideration for Annexation 12/24/2001 Williamson Act Contract executed for property in County 03/13/2002 City Planning Commission Determines Family and Employee Housing Proposed on Property Located in County is Consistent with City General Plan and Hillside Specific Plan PROJECT DESCRIPTION The Project Description is fully set forth in the Staff Report to which the Background Report is attached. BACKGROUND In general, the purpose of an approval of the Resolution Initiating Annexation is to initiate a process under which the Garrod Trust would annex to the City the 68-acre portion of the Garrod Trust Property (including the Winery/Equestrian Facility) which is currently in the unincorporated area of the County of Santa Clara and continue to operate in conjunction with that part of its Facility on the 51-acre portion of the Garrod Trust Property which is currently located in the City of Saratoga. Upon Final Annexation, the City may determine which existing uses and structures should be deemed to be have legal conforming status, legal nonconforming status or noncompliant status. The Winery/Equestrian Facility includes the following currently existing or authorized uses and structures: 322 2 (1) uses for stables and riding academy/day camp, riding lessons, boarding horses, breeding horses, training horses, shows and exhibitions, selling horses and equipment and supplies for horses and riders, and related food services, vineyards, wine production, retail wine sales, wine tasting, indoor and outdoor events, parking, family and employee housing (8 single family dwellings, 2 cottages/second units and 4 trailers/modular units for employees), outdoor storage, and other supporting uses; and (2) structures (all pre-dating or approved by the 1964 Use Permit for the Equestrian Facility unless otherwise specified) which include: • Eight single family residences (William Cooper 1998 remodel and Christina Garrod 2004) • Two small cottages/second units • Four trailers/cottages/modular units (housing for employees) (Dick Garrod 1975) • One administrative office for the commercial stables • One administrative office for the winery • One barrel room (1997) • One covered riding arena • Three large barns • Three special purpose barns (hay, shoeing [1965] and day use) • Miscellaneous covered horse paddocks (1965-1975) • Riding academy/day camp buildings (2) (1965)/summer kitchen • Two water tanks • Public restroom facilities for men and women (two buildings, one including old wood shop) • One Metal Shop (1980) • Pastures and vineyards of undetermined acreage. • One wine tasting/retailing/production facility (1994) (including a covered event facility, and other support facilities). The City Council has the full discretion and authority under City Code Section 15-65.035 and other applicable laws to determine whether the current uses and structures on the Property to be Annexed should be annexed into the City with “legal nonconforming” status or, in the alternative with “conforming” status. The history of the Garrod Trust Property is as follows. In 1894, a 112-acre property was purchased by Ralph and Mabel Creffield and Sophia and David Garrod, who emigrated from England in 1893. Ralph and Sophia were brother and sister. Their partnership split and the 65 acres retained by David and Sophia Garrod was named Garrod Heights and is the core of the family’s operations and heritage. The grandparents of Jan Garrod (the Trustee signing Garrod Trust’s Application for Annexation) were R.V. Garrod and Emma Garrod, who, with their children Louise, Vince and Dick added to the property over the years, ultimately creating a holding of 240 acres. For many years the family grew apricots and prunes, but as those crops declined economically, Garrod Farms Stables was started in 1964 under a Use Permit issued by the County of Santa Clara. In 1980, the family sold and gifted the northern 120 acres to the 323 3 Mid-Peninsula Open Space District. The first vineyards were planted in 1972, production of family wine began in 1976, and a commercial winery was established in 1994 under an amendment to the 1964 Use Permit from the County. Since then the family has operated Garrod Farms Stables and Cooper-Garrod Winery as complementary operations, sharing facilities and staff, and hosting numerous events in support of the community. Among the goals of the Annexation and other proposed actions contemplated by the Garrod Trust are the following: • Allow a mix of agriculture and residential uses for a single property ownership, as well as supporting and complementary uses; • Establish jurisdiction in one public agency with land use authority (City of Saratoga) so as to facilitate long-term planning, and any potential future implementation of modifications to Winery/Equestrian Facility; • Enable Garrod Trust’s combined agriculture and recreational operations to continue and thrive; • Preserve the family’s commitment to agriculture and open space in the Saratoga foothills; • Encourage sustainable management of lands and resources; and • Permit uses which support agriculture, recreation, and related supporting residential purposes. ECONOMIC AND OTHER BENEFITS AND RISKS OF ANNEXATION AND CITY ABILITY TO CONTINUE TO PROVIDE UNDILUTED PUBLIC SERVICES The general discussion of Annexation Risks and Benefits is contained in the Staff Report. A more extensive list of possible benefits has been provided by the Garrod Trust and considers benefits as they relate to: Financial, Land Use/Government, Economic Development, and Community Programs/Identity/Character. CURRENT USES AND STRUCTURES IN COUNTY - DISCUSSION OF LEGAL CONFORMING STATUS The City Code authorizes the City to establish the status of uses and structures existing on property being annexed into the City (Section 15-65.035). Garrod Trust has requested that the City establish conforming status for all of its existing uses and structures. There are many factors potentially relevant to establishing such conforming status. The following section of the Background Report analyzes these factors. Legal establishment under County Use Permits City Code Section 15-65.035 requires that in order to have legal conforming or legal nonconforming status, the annexed use or structure must have been “lawfully existing on the effective date of its annexation.” The Garrod Trust Property was issued a Use Permit by the County of Santa Clara on April 23, 1964 for stables and riding academy, riding lessons, boarding horses, breeding horses, training horses, shows and exhibitions, selling horses and equipment for horses and riders and related food services. Note that among the current uses not listed in the 324 4 1964 Use Permit are family and employee housing and sale of horse supplies (e.g., hay). There were a substantial number of buildings located on the Garrod Trust Property prior to the issuance of the 1964 Use Permit as to which the County appears to have found no violation (otherwise such violation would normally have to have been cured prior to issuance of the 1964 Use Permit). In 1994, as part of a Staff Report recommending approval of a modification of the 1964 Use Permit to add a winery use, the original 1964 Use Permit was described as authorizing a “commercial horse boarding stable” for “commercial horse boarding and riding” including the following: • Two residences • One administrative office • One covered riding arena • Three barns • One Horse paddock • Two water tanks • One public restroom facility • Pastures and vineyards of undetermined acreage. That 1994 Staff Report acknowledged that the 1964 Use Permit does not have an expiration date, nor does it limit the number of horses that may be boarded at the facility (and that the facility then accommodated 140 horses). Furthermore, it is clear that such Use Permit does not limit the number of students at the riding academy, the number or size of shows or exhibitions, or the volume of sales of hay, equipment or horses. Additionally the 1964 Use Permit required 50 parking spaces to be installed as a condition of approval; hence at least that amount of parking should be deemed approved by the County. On April 7, 1994 the County Planning Commission authorized, and on April 23, 1994, the County issued, a Use Permit Modification for the 1964 Use Permit allowing the additional use of the Garrod Trust Property as a “Commercial Winery per Section 14-4.3 of the Zoning Ordinance,” including wine production, retail wine sales, and wine tasting (and specifying 12 off-street parking spaces for the tasting use). Production of wine includes storage, bottling and distribution and related administrative offices and functions. The Staff Report for the April 23, 1994 Use Permit Modification specified that the following structure was also being authorized: One wine tasting/retailing/production facility (including a covered event facility, winery/barrel storage building, and other support facilities). On April 15, 1998, the County Environmental Resources Agency Planning Office approved replacement of an existing building with a new structure designed to house wine barrels. 325 5 Conformity to City General Plan General Plan Goals and Policies The evaluation of the General Plan conformity of the uses and structures on the portion of the Garrod Trust Property to be Annexed should be undertaken in the following legal context. The General Plan Guidelines prepared by the Governor’s Office of Planning and Research provide that an action, program or project is consistent with the General Plan if, considering all its aspects, it will further the objectives and policies of the General Plan and not obstruct their attainment. (See Guidelines at p.128 (1998).) The courts have indicated that although a precise match between the action in question and General Plan policies is not required, the City must rely on reasonable judgment in concluding that the action in question is consistent with the plan as a whole. Thus, in upholding a consistency determination notwithstanding an apparent inconsistency between a project and three specific General Plan policies, in Sequoyah Hills Homeowners Association v. City of Oakland, 23 Cal. App. 4th 704, 719-720 (1993), the Court of Appeal explained that: No project could completely satisfy every policy stated in the General Plan, and that state law does not impose such a requirement. A General Plan must try to accommodate a wide range of competing interests - - including those of developers, neighboring homeowners, prospective homebuyers, environmentalists, current and prospective business owners, job seekers, taxpayers, and providers and recipients of all types of city- provided services -- and to present a clear and comprehensive set of principles to guide development decisions. Once a General Plan is in place, it is the province of elected officials to examine the specifics of a proposed project to determine whether it would be in harmony with the policies stated in the plan. It is emphatically not the role of the courts to micro manage these decisions. Our function is simply to decide whether the city officials considered the applicable policies and the extent to which the proposed project conforms with those policies, whether the city officials made appropriate findings on this issue and whether those findings are supported by substantial evidence. The adopted City General Plan contains the following Goals, Objectives and Policies applicable to land (such as the Garrod Trust Property to be Annexed) with a General Plan Land Use Designation of Hillside Open Space (OS-H) and which qualify as Open Space Resources under the General Plan. Land Use Element Background Report pp 13-14 and Table LU-1 (Land Use Categories). The OS-H Designation allows uses which support and enhance a rural character, promote the wise use of natural resources, and avoid natural hazards. Uses include (as relevant to the Garrod Trust Property) agricultural, low intensity recreational facilities, land in its natural state, wildlife refuges, and very low intensity residential development. Other support uses related to the foregoing listed uses may also be permitted. Allowed residential use is between 1 dwelling unit per 20 acres to 1 dwelling unit per 160 acres based on a slope density formula subject to stringent criteria. The maximum allowable site coverage is 25% or 15,000 square feet, whichever is less. 326 6 Williamson Act Contracts and Agricultural Protection – Goal LU 7. Goal LU 7 of the Land Use Element of the General Plan is to “Protect existing agricultural resources and encourage their expansion.” Among the Policies and Implementation Measures for this Goal which are relevant to the Garrod Trust Property to be Annexed are the following: Policy LU 7.1: Encourage renewal and discourage cancellation of Williamson Act contracts to preserve agricultural lands. Policy LU 7.3: Encourage agricultural use of suitable land with protection for nearby residences as appropriate. Implementation Measure LU 7.b: Continue to utilize the design review process to ensure appropriate buffers are provided when residential properties are adjacent to agriculturally designated lands. Open Space Element Background Report. The Open Space Element of the General Plan identifies as existing “Open Space Resources” vineyards, pastures, agricultural lands, areas of economic importance for the production of food or fiber, recreation areas, areas required for the preservation of plants and animal life, and areas which serve to link major recreation and open space areas, trails and scenic roadways. The Open Space Element specifically identifies as existing open space resources agricultural sites which are protected and restricted to agricultural or open space use only, as defined in the specific Williamson Act contracts applicable to the subject properties. These lands add not only to the perception of open space within the City, but also serve as a vital link between the modern City and its agricultural past. The 51 acres of Garrod Trust Property currently within the City limits constitutes nearly one-half of the 109 acres of land under Williamson Act inside the City. (pp. 1-2) The Open Space Element specifically recognizes the value of the “several hundred acres of agricultural land under the Williamson Act contracts within the City’s Sphere of Influence.” The approximately 68 acres of Garrod Trust Property which is the subject of this Pre-Annexation Agreement are a significant portion of that contracted land within the City’s Sphere of Influence. (p. 3) The Open Space Element specifically states that “[i]n defining agricultural uses, as they relate to Williamson Act lands, Government Code Section 51205 further states that where the term ‘agricultural use’ is used, it shall also be deemed to include recreational and open space use.” (p. 8) The Open Space Element states that development of a comprehensive trail system has been a priority of the community for many years. It describes Open Space Linkages through trail systems as very important in order to enhance scenic value, provide public access, maintain existing wildlife pathways and ensure the enjoyment of the open space system. Specifically identified linkages served by the Garrod Trust Property to be annexed include connection to of Saratoga to the Fremont Older Open Space and Upper 327 7 Stevens Creek Park and the planned connection of Saratoga trails to the County trail coming out of Stevens Creek County Park into the Mount Eden Valley. (pp. 7 and 18) The Open Space/Resource Plan in the Open Space Element establishes the City’s intentions to implement a course of action to ensure development of trails and protection and preservation of open space resources. These include, as applicable to the Garrod Trust Property to be Annexed, the following: preservation of agricultural resources, development of land use regulations “to encourage on-going agricultural operations” (Emphasis added) The Open Space Element establishes the following specific Goals, Policies, and Implementation Measures particularly relevant to the Garrod Trust Property to be annexed: • Policy OSC 3.3: Promote retention and dedication of land which provides room for a variety of passive and active recreational pursuits and offers important opportunities for the fulfillment of human and psychological needs, including … 3. Accessible areas particularly suited for … recreation purposes such as horseback riding …. and 4. Areas providing access to and links between major recreation, cultural, and open space reservations….” • Goal OSC 5: A city-wide system of hiking… and horseback riding trails shall be provided within the community which includes regional trail linkages…. • Policy OSC 6.3: Future land uses within the western hillside or any Sphere of Influence expansion area shall be reviewed by the City through the development review process to ensure consistency both with existing patterns of land use in the unincorporated hillside areas, and with the City’s desire to maintain the area as predominantly open space and rural. • Implementation Measure OSC 6.a: The City shall continue to use the design review and subdivision entitlement process to ensure that all development proposals are designed in a manner that meets goals and policies for preservation of hillsides. • Goal OSC 8: Encourage preservation of land uses for open space and agriculture. • Policy OSC 8.1: In evaluating future land uses, efforts shall be made to maintain agricultural lands as a component of open space and to preserve the rural and agricultural heritage of Saratoga. The City shall discourage the cancellation of Williamson Act contracts. • Implementation Measure OSC 8.a The City shall continue to apply the Agricultural Preserve Open Space Overlay District (“AP/OS”) on lands that are under Williamson Act Contracts and generally discourage the removal of this classification. The AP/OS Overlay will be added to the 68 acres of Property to be Annexed. • Policy Action 8.3: Residential density bonuses are to be provided for significant investment in agricultural improvements (e.g., vineyards, wood lots or orchards) or open space dedications. 328 8 • Implementation Measure OSC.8c. Allow additional dwellings on family farm operations when such additional dwellings will permit continuance of inter- generational agricultural uses consistent with Williamson Act provisions. This will not constitute a residential subdivision of the land under the Williamson Act. Prior City Determination Harmonizing Land Use Density, Open Space and Housing Elements of City General Plan. The City has previously made a determination related to the Property to be Annexed as to how it would harmonize its Land Use Density, Open Space and Housing Elements. On March 13, 2002, the City Planning Commission determined that the application of the Garrod Trust to the County for three proposed homes to be built on the Property to be Annexed was consistent with the City of Saratoga General Plan and the Hillside Specific Plan (subject to specified conditions), based on the following findings: WHEREAS, the Hillside Specific Plan applicable to the project site provides that development on unincorporated lands should proceed “with a preferred density of 20-160 acres/unit depending on slope;” WHEREAS, the Open Space Element of the City General Plan includes the following as incentives to be offered to promote continued agricultural uses in the City’s hillsides: Residential density bonuses for significant investment in agricultural improvement (e.g., vineyards, wood lots or orchards) or open space dedications. Allowing additional dwellings on family farm operations when such additional dwellings will permit continuance of inter-generational agricultural uses consistent with Williamson Act provisions. This will not constitute a residential subdivision of the land under the Williamson Act. WHEREAS, the Planning Commission has considered the staff reports, written materials prepared by the applicant, and all public testimony presented to the Commission and based thereon determines: 1. The property upon which the project is located is part of a 120-acre landholding of the Garrod Trust that is subject to Williamson Act contract between the Trust and Santa Clara County that is not the subject of cancellation proceedings and as to which no notice of non-renewal has been filed; and 2. The property has been used for agricultural purposes by the Garrod family since 1892 and is currently being used for operation of vineyards, an associated winery, an equestrian center and open space; and 3. Two of the homes to be constructed will be used by members of the Garrod family employed by the agricultural and open space uses operating on the Garrod Trust holdings and the third home will be used by family members or 329 9 by employees needed to permit continued agricultural and open space uses on the parcel; and 4. On-site housing is essential to maintaining the land’s agricultural viability in this instance due to the nature of agricultural operations and the disparity between prevailing agricultural wages and housing costs in the region; and 5. The project will be designed and landscaped in a manner that avoids interference with agricultural operations; and 6. The Garrod Trust has previously dedicated one half of its total landholdings (120 of 240 acres) to the MidPeninsula Open Space District; and 7. As part of the proposed project the Garrod Trust has proposed to dedicate a trail easement over a portion of its property in furtherance of the goals of the Saratoga Parks and Trails Master Plan; 8. [No longer applicable] WHEREAS, based on the foregoing and the evidence presented the Planning Commission has determined that the applicant has met the burden of proof required to support said application and that the proposed development is consistent with the General Plan and Hillside Specific Plan as a whole in that the proposed project will contribute to the agricultural use of the land by providing housing for the agricultural operations on site and will preserve open space by dedicating a trail for public equestrian and pedestrian use. (emphasis added) In light of the foregoing evidence and analysis, the City Council could exercise its reasonable discretion so as to conclude that the Winery/Equestrian Facility on the 68 acres of Property to be Annexed is consistent with the City General Plan as a whole. Conformity to City Zoning Regulations Once the General Plan provisions are properly interpreted, analyzed, and applied, Government Code Section 65860 requires, in turn, that the City Zoning Ordinance be interpreted, analyzed and applied to the Property to be Annexed in a manner consistent with the City General Plan. Hence, to the maximum extent reasonable, the City Zoning Regulations set forth in Chapter 15 are required to be applied in a manner consistent with the City General Plan as described above. City Zoning Regulation Authorizing All Uses in County Williamson Act Contract One of the most important provisions in the General Plan in relation to the Zoning Regulations is Implementation Measure OSC 8.a which requires the City to continue to apply the Agricultural Preserve Open Space (“AP/OS”) Overlay District (“AP/OS”) on lands that are under Williamson Act contracts. The AP/OS District provides at City Code Section 15-15.040 governing “Permitted Uses” that “[e]ach parcel or area of land within the AP/OS overlay district shall be used only for the purposes expressly permitted under the terms of the Williamson Act contract applicable to such land.” (Emphasis added) 330 10 Effective December 24, 2001, as to the Property to be Annexed, Garrod Trust entered into a Land Conservation Contract with the County of Santa Clara under the Williamson Act (California Government Code Section 51200 et seq.). Pursuant to Government Code Section 51243, if the Garrod Trust Property is annexed to the City of Saratoga, on and after the effective date of the annexation by the City of any land under contract with the County, the City shall succeed to all rights, duties, and powers of the County under the contract. Once the AP/OS Zoning is added as required by the City General Plan, then under the terms of the applicable Williamson Act contract, the Property to be Annexed may be used for the production of agricultural commodities for commercial purposes, open space and uses compatible thereto as listed in Exhibit A of the December 24, 2001 Williamson Act contract. The compatible uses listed in Exhibit A which are most relevant to the Property to be Annexed are as follows (1) Residential uses incidental to the agricultural use of the land, including: a. Single-family homes for the property owner or lessee, which includes stockholders in family corporations, beneficiaries of family trusts and estates, owners of undivided partial interests in the fee, and joint tenants. b. Dwellings for persons employed in the agricultural use of land or structures used to provide educational experiences or day-care facilities for their children, provided the use is nonprofit and not open to the general public. **** (2) Accessory structures necessary and incidental to the agricultural use of the land, including: a. Facilities for the drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced, but not including slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal or vegetable matter. b. Stands or shelters for the sale of agricultural commodities produced on the land. c. Farmer's markets, including an agricultural stand where agricultural commodities grown, raised or produced off the premises are offered for sale to the general public by the operator of the stand. d. Limited sales of agricultural supplies, including hay, seed, veterinary supplies and horse tack. The sale of farm equipment or horse trailers is specifically excluded. ****. f. Storage and maintenance facilities for trucks used exclusively for hauling agricultural produce, which must include produce grown on the property, as long as the remainder of the property can sustain an agricultural use. **** 331 11 (3) The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves, or the holding of nonproducing land for future agricultural use or future mineral extraction. (4) Recreational uses: **** c. Public or private riding or hiking trails. d. Riding academies, stables, and boarding of horses or other livestock. e. Large animal clinics primarily for horses or other livestock, including associated stables and pasture. (Small animal hospitals and kennels are excluded.) **** (6) Educational, cultural, and religious facilities. a. Churches, including accessory structures, as long as such use does not substantially interfere with the primary agricultural use of the land within the preserve. b. Educational and cultural uses not located on prime agricultural soils which do not require major road improvements, and where traffic to and from the subject use location does not hinder or impair the agricultural operations in the surrounding area. At least three-quarters of the parcel must remain in agricultural or open space uses, and the maximum coverage of the site where the educational and cultural uses are to occur is limited to 20 acres. c. Seasonal and occasional social receptions at existing facilities and immediate surrounding grounds, which do not displace or interfere with agricultural and open space use of the parcel or any adjacent parcel. The critical question then becomes whether listing a use as a “compatible use” in a Williamson Act contract authorizes that use even though it might not be otherwise be expressly allowed in underlying Zoning District. City Resolution No. 550 establishing the AP/OS Zoning District appears to “authorize” the listed uses when it says: “That the hereinabove listed compatible uses will be the only uses permitted within said agricultural preserve….” (emphasis added) Once the 68-acre portion of the Garrod Trust Property currently in the County is annexed into the City, City Code Section 15-15.040 would apply because the City General Plan requires the City to apply its AP/OS overlay to the Property because it is subject to a Williamson Act contract. Section 15-15.040 provides as follows: “Permitted uses. Each parcel or area of land within the AP/OS overlay district shall be used only for the purposes expressly permitted under the terms of the Williamson Act contract applicable to such land.” 332 12 Normally, describing a use as a “permitted use” would “authorize” it in the Zoning District. The City Council certainly has the right to interpret Section 15-15.040 as authorizing the uses listed in the Williamson Act contract. The uses listed as compatible uses in the Williamson Act contract with the County are quite specific and clearly cover most (if not all) the uses currently being made on the 68-acre Garrod Trust Property being Annexed. Upon annexation, the City succeeds to all rights, powers and duties of the County’s Williamson Act contract. Uses Generally Authorized Under R-OS Zoning After consideration of the foregoing information, the City Council may then examine the currently existing uses on the Property to be Annexed to determine whether they would be “in harmony” with the applicable Zoning Regulations. As a result of the foregoing determinations of conformity of the existing uses on the Property to be Annexed with the City General Plan and the fact that the Zoning Regulations are to be applied in a manner consistent such General Plan, it is clear that those existing uses are generally consistent with the applicable R-OS Zoning. The uses allowed in R-OS Zoning include a commercial stable, a winery with conference facilities (up to 50 guests and not overnight), agricultural uses, picnic and camp sites, single family dwellings (one per lot + one second unit per lot), and accessory structures incidental to all of the foregoing. BASIS FOR DEEMING CURRENT USES AND STRUCTURES IN COUNTY TO BE LEGAL AND CONFORMING UPON ANNEXATION TO CITY City Code Section 15-65.035 authorizes the City to establish current uses and structures in the unincorporated area of the County of Santa Clara as having the status of legal and conforming upon annexation of the property on which they are located into the City. Section 15- 65.035 provides as follows: 15-65.035 Continuation after annexations; Regulations applicable to nonconforming uses or structures on property annexed to the City. (a) A structure lawfully existing on the effective date of its annexation into the City but which is in nonconformance at that time to any applicable City development standard shall be considered a legal nonconforming structure, unless (as hereby authorized) the City, at the time of annexation establishes a different status (in whole or in part) for that structure as a condition of such annexation. (b) A use lawfully existing on the effective date of its annexation into the City but which is in nonconformance at that time to any applicable City use regulation shall be considered a legal nonconforming use, unless (as hereby authorized) the City, at the time of annexation establishes a different status (in whole or in part) for that use as a condition of such annexation. As explained above, the most (if not all) of the currently existing uses and structures on the portion of the Garrod Trust Property located in the County and which will be annexed into the City appear to have been legally established under County Use Permits or before County permits were required. In any event, as also explained above, most (if not all) currently existing uses and structures in question do, in fact, conform to City regulations. Hence, the City may determine 333 13 that conformity to the City General Plan and Zoning Regulations exists and may establish conforming status upon annexation as to all current uses and structures on the Garrod Trust Property being Annexed. CURRENT USES AND STRUCTURES IN CITY - DISCUSSION OF LEGAL CONFORMING STATUS The Garrod Trust proposes to continue to operate that part of its Facility on the 51-acre portion of the Garrod Trust Property which is currently located in the City of Saratoga. The portion of the Winery/Equestrian Facility located on that 51-acre parcel (APN 503-12-990) includes the following currently existing uses and structures: (1) uses for stables and riding academy/day camp/vaulting program, riding lessons, boarding horses, , training horses, and equipment and supplies for horses and riders, picnicking, vineyards, winery administrative office, parking, family and employee housing (1 single family dwelling, 0 cottages/second units and 3 trailers/modular units for employees), outdoor storage, and supporting food service and other uses; and (2) structures (all pre-dating1964 unless otherwise specified) which include: • Three trailers/cottages/modular units (housing for employees) (Dick Garrod 1975) • One administrative office for the winery • One special purpose barn (hay) • Miscellaneous covered horse paddocks (1965-1975) • Riding academy/day camp buildings (2) (1965)/summer kitchen • One Metal Shop (1980) • Pastures and vineyards of undetermined acreage. The City has no records of any permits authorizing these uses or structures. However, the County’s 1994 Staff Report for the Use Permit Modification adding the Winery to the existing Commercial Stables use states as follows: “This use permit would only cover the portion of applicant’s property that is unincorporated. According to the city, a use permit for the portion of the facility within its jurisdiction would only require a use permit if a modification or expansion were proposed.” No modification or expansion of “the portion of the facility” within the City jurisdiction appears to have been proposed in 1994. Hence, it appears that the uses and structures on the 51-acre portion of the Garrod Trust Property which has been in the City since the City was incorporated have been treated by the City as lawful and conforming. In any event, the Zoning for the 51-acre Property already in the City is Agricultural Preserve/Open Space Overlay (“AP/OS”). As a result, under Section 15-15.040, the permitted uses (those which do not require a use permit) are those “expressly permitted under the terms of the Williamson Act contract applicable to such land.” 334 14 The terms of the November 2, 1970 Williamson Act contract applicable to the 51-acre portion of the Garrod Trust Property already in the City expressly permit the following uses without a use permit: • Production of agricultural commodities for commercial purposes. • The drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced. • Structures necessary and incidental to the agricultural use of the land. • The holding of nonproducing land for future agricultural use. • The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves. • Single family dwellings incidental to the agricultural use of the land for the residence of the owner, and the family of the owner. Owner shall be construed to include: (b) beneficiaries of family trusts. • The construction and maintenance of a stand or shelter for the sale of agricultural commodities produced on the land. • The erection, construction, alteration or maintenance of gas, electric, water of communication utility facilities, in compliance with the City’s underground utility ordinance No. NS-3.20. • Public or private fishing. • Public or private riding or hiking trails. • Riding academy, stables and the boarding of horses or other livestock but not including an animal hospital or kennel. The above uses expressly permitted on the 51-acre Garrod Trust Property already in the City appear to cover all of the uses and structures located on that property. The only possible question would be the following: Does an “agricultural use of the land” include a riding academy, stables and the boarding of horses so that a hay barn, a metal shop and trailers, cottages or modular units for nonfamily employees could be considered “[s]tructures necessary and incidental to the agricultural use of the land” rather than a recreational use of the land? The City Council could reasonably interpret the language of the Williamson Act contract to answer that question in the affirmative. This would enable a finding of legality and conformity as to all existing uses and structures on the Property already in the City. As set forth below, the City Council’s interpretation could be documented in a Development Agreement and in a Use Permit. In any event, even if the City Council determines that certain existing uses or structures should not be deemed “conforming” upon annexation into the City, City Code Section 15-20.040 generally allows any use lawfully established prior to November 1, 1991 to be continued as a legal nonconforming use. Section 15-20.040 is a part of the City Zoning Regulations governing R-OS (Residential - Open Space Zoning), the Prezoning the City has placed on the Property to be Annexed, and provides that: 335 15 “Existing uses which were lawfully established prior to November 1, 1991 and meet the health regulations set forth in Section 7-20.220 of the City Code may be continued in conformity with the provisions stated in Article 15-65 of the City Code. Furthermore Section 15-65.035 quoted above gives the City Council even more flexibility to treat existing uses and/or structures as “legal conforming” or “legal nonconforming” uses or structures. PROPOSED PRE-ANNEXATION AGREEMENT GOVERNING PROPERTY TO BE ANNEXED TO CITY Pre-Annexation Agreements have previously been used by the City to establish the terms under which particular property will be annexed. Here, a Pre-Annexation Agreement is recommended for that purpose and specifically for the City Council to determine whether currently existing uses and structures on the Property to be Annexed will be deemed to have legal, conforming status once annexed to the City pursuant to City Code Section 15-65.035. PROPOSED DEVELOPMENT AGREEMENT GOVERNING PROPERTY ALREADY INSIDE CITY Development Agreements are authorized by Government Code Section 65864 et seq. and have previously been used by the City to establish the terms under which particular property will be used. Pursuant to Government Code Section 65865.2, a development agreement shall specify (among other things) the permitted uses of the property and the density or intensity of use. Here, a Development Agreement is recommended for the primary purpose of establishing whether currently existing uses and structures on the 51-acre Garrod Trust Property already in the City will be deemed to have legal, conforming status. Pursuant to Government Code Section 65867, a public hearing on a development agreement shall be held by the Planning Commission and by the City Council. Notice of intention to consider adoption of a development agreement shall be given as provided in Sections 65090 and 65091 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. Approval of a development agreement by the City Council is a legislative act requiring adoption of an ordinance and must be consistent with the City General Plan and the Hillside Specific Plan. ZONING AMENDMENT TO ADD AGRICULTURAL PRESERVE/OPEN SPACE (AP/OS) OVERLAY ZONING TO PROPERTY ANNEXED TO CITY The City General Plan requires any property subject to a Williamson Act contract to be placed under the AP/OS overlay zoning. Hence a Zoning Amendment will be prepared and will be referred to the Planning Commission for recommendation and return to the City Council for final action concurrent with any final Annexation of the Garrod Trust Property which is the subject of the attached Resolution Initiating Annexation. 336 16 COMBINED POST-ANNEXATION WILLIAMSON ACT CONTRACT – RESCISSIION AND SIMULTANEOUS ENTRY INTO NEW CONTRACT Upon Annexation, both existing Williamson Act Contracts will be within the jurisdiction of the City. For ease and consistency of administration by the City and in order to facilitate long- term planning, and any potential future implementation of modifications to Winery/Equestrian Facility, the Williamson Act Contracts could be rescinded for the purpose of simultaneously entering into one Williamson Act Contract covering the entire 120+ acres within the City and including a Compatible Uses List specifying as compatible all of the currently existing uses. See Government Code Section 51254. USE PERMIT The Use Permit to be issued by the City as part of this Annexation Process would be intended to provide additional validation of the currently existing uses and structures and to establish parameters regarding the number of horses that may be boarded at the facility the number of students at the riding academy, the number and size of shows or exhibitions, the volume of sales of hay, equipment or horses, the number of required parking spaces, the number and size of weddings, receptions, conferences and other events, and other similar types of parameters. ENVIRONMENTAL REVIEW CEQA Compliance is addressed in the Staff Report. CONCLUSION With the 2002 City General Plan interpretation and the above-described land use regulations and principles in mind, the City Council has the legal authority to determine whether to grant “conforming status” as requested by Garrod Trust. If the City Council approves initiating the annexation proceedings as requested by Garrod Trust, the existing uses and structures on the Property to be Annexed and the Property already in the City will be analyzed as to being lawfully established and for conformity as a whole with the City General Plan and Zoning Regulations. 337 338 GARROD FARMS SARATOGA, CALIFORNIA 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 SARATOGA CITY COUNCIL MEETING DATE: November 17, 2010 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Approval of Santa Clara County Cities Association (SCCCA) Bylaws RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: At its October 14, 2010 meeting, the SCCCA Board of Directors approved the Bylaws as amended by the Bylaws Review Subcommittee and agreed to forward the revisions to Member Jurisdictions for approval. The Cities Association Board of Directors request that Member Jurisdictions review the Bylaws revisions for approval by December. The proposed changes to the Bylaws and a cover memo are attached. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: If Council approves the proposed Bylaws, the City Clerk will provide the Santa Clara County Cities Association with a Minute Order noting Council’s approval of the proposed Bylaws and retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: 356 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 – Letter from Raania Mohsen, Executive Director/Cities Association Attachment B – Proposed bylaws 357 TO: MEMBER JURISDICTIONS FROM: RAANIA MOHSEN, EXECUTIVE DIRECTOR SUBJECT: CITIES ASSOCIATION BYLAWS AMENDMENTS FOR APPROVAL DATE: 10/22/2010 CC: BYLAWS REVIEW COMMITTEE (AL PINHEIRO, DAVID CASAS, DON PERRY, STEVE TATE) JOLIE HOUSTON, ATTORNEY, BERLINER The Bylaws Review Committee has made amendments/suggested revisions to the Cities Association Bylaws. These recommendations are based on initial recommendation presented at the June Board Meeting and feedback received thereafter from Board Members since that presentation. The revisions have been thoroughly reviewed by Jolie Houston, Attorney and retained counsel by the Cities Association, to ensure compliance with state and federal laws. On October 14, 2010, the Board approved the Bylaws as amended and agreed to forward the revisions to member jurisdictions for approval. Thus, on behalf of the Board, I am requesting review and approval of the Bylaws as amended from all Member Jurisdictions. To summarize, the suggested amendments include: a) language clean-up to improve clarity; b) correction of facts; c) name change of the “Santa Clara County Cities Association” to the “Cities Association of Santa Clara County;” d) updates to reflect current adopted policies and government code, e.g. The Brown Act; and e) addition of an ex-officio member to the Board of Directors from the SCC Board of Supervisors. For a better understanding of the recommended changes and context, please refer to the “red-lined” bylaws attached to this memo and the amendments/revised items listed below. 1. Delete Preamble. 2. Article I, Section 1. Change name of the organization from “Santa Clara County Cities Association” to the “Cities Association of Santa Clara County.” This name change has been suggested to resolve common confusion of the Cities Association being a “county” organization. 3. Article I, Section 1. Removal of all language associating the Cities Association as a “Section” of the League of California Cities Peninsula Division. According to the LCC and its bylaws, the Cities Association is not a section of the League. If it were true, then the Cities 358 2 Association would have to adhere to the LCC‟s policies, regulations, and bylaws. However, the Cities Association continues to collaborate with the LCC Peninsula Division on issues of state legislation. 4. Article I, Section 1. Change of referral to the Santa Clara County Cities Association as the “Section” to the “Association” throughout the bylaws document. 5. Article II, Section 2. The current section regarding suspension of membership, states that “a suspended member City shall not be permitted to participate in any Cities Association proceedings except the City Selection Committee representation.” It is recommended to delete “except the City Selection Committee representations” since the City Selection Committee is an entity required by law and adheres to government code sections 50270- 50279.4. Description of the City Selection Committee, including the recommended deleted statement, is included in Article VI, Section 1, (b), of the current bylaws 6. Amendment to Article III, Section 4, stating that one representative from the SCC Board of Supervisors may be appointed as an ex officio member. This has been suggested to foster collaboration with the county. The other ex officio member on the Board of Directors is a representative from the Santa Clara County/Cities Managers Association. 7. Amendment to Article III, Section 5. The current section states that Board Members do not receive compensation from the Cities Association for expenses incurred during Cities Association business unless authorized by the Board of Directors. The amendment adds “or unless such reimbursement is authorized and distributed by the member‟s respective city.” 8. Article IV, Section 4. Revise the word “appoint” to “hire” in the section stating “the Board of Directors may „appoint‟ an Executive Director who shall hold office….” 9. Article V, Section 2. Update section on Notice of meetings to reflect requirements of the Brown Act. 10. Article V, Section 3. Delete statement allowing a presiding officer to serve as his or her City‟s representative. 11. Amendment to Article V, Section 4 stating that each member of the Section shall have one vote. 12. Article VI, Section 1. Update formatting and order of standing committees. 13. Article VI, Section 1, (b). Delete “or an appointed staff person” to ensure that all members of the Legislative Action Committee are elected representatives of his or her member City. 14. Article VI, Section 1, (c). Delete statement “the County Clerk or the County Clerk‟s deputy shall act as the permanent secretary and recording officer of the City Selection Committee.” The Executive Director serves as the clerk for the City Selection Committee, as included in his or her contract and the CSC adopted policies. 15. Article VI, Section 2. Update Section 2, titled “Liaison Committee,” to include the Santa Clara County/City Managers‟ Association. 359 3 16. Article VI, Section 2, (a). Update of the Santa Clara County/City Managers‟ Association correct name. 17. Article VI, Section 3, (b). Revise Other Committees formed by the President with approval of the Board to include only elected individuals of any member City. 18. Article VI, Section 4. Add Section 4. Amend section to include quorum requirements for the City Selection Committee. [Note from Attorney: 1) Government Code 50272 states that it is a majority of the number of cities within a county entitled to representation on the CSC. There are 15 cities in SCC, thus a majority would be 8.] 19. Article VII, Section 2. Update of Dues policies to current practices and policies voted on by the Board. 20. Article VII, Section 3. Update of Funds policies to reflect current practices and adopted policies voted on by the Board. 21. Article VII, Section 4. Update of Accounting policies to reflect current practices and adopted policies voted on by the Board. 22. Delete notes to the bylaws from former member Barbara Nesbet. The Board of Directors request that Member Jurisdictions review the Bylaws revisions for approval by December. Thus it would be appreciated if you can place this as an item on your agenda at a future Council Meeting in November. If you would like me or members of the Bylaws Review Subcommittee to attend this meeting, please let me know in advance. If you have any questions, please feel free to contact me at any time. Thank you for your support, Raania Mohsen Executive Director Santa Clara County Cities Association 505 West Olive Avenue, Suite 749 Sunnyvale, CA 94086 (408) 730-7770 (408) 398-3025 cell raania.mohsen@sccca.gov 360 Revised_05/19/2010 Revised_10/07/10 Revised_10/11/10 Revised_10/13/10 Revised_10/21/10 BYLAWS Of the CITIES ASSOCIATION OF SANTA CLARA COUNTY October, 2010 ARTICLE I NAME, PURPOSE AND POWERS Section 1. Name. The name of this unincorporated association shall be the Cities Association of Santa Clara County , , hereinafter referred to as the "Association." Section 2. Principal Place of Business. The principal place of business of thisAssociation shall be such place within the County of Santa Clara as may be designated from time to time by the Board of Directors of this Association; and if none has been so designated, such place of business shall be the City Hall of the City of which the Association President is a member of the legislative body. Section 3. Purpose. The purposes and functions of this Association shall be as follows: a. To review, study, develop consensus positions, and recommend on issues of interest to Santa Clara County cities; b. To develop a common agenda for Santa Clara County cities; c. To serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government, including the Peninsula Division of the League of California Cities; d. To serve as the City Selection Committee pursuant to Government Code section 50270 et seq. and make appointments to regional and local bodies as provided by law; e. To assist in development of state-wide legislative policy through the structure of the League of California Cities; 361 2 f. To serve as a source of education, information and networking for officials from all cities in Santa Clara County; g. To provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities. Section 4. Powers. The Association may exercise any lawful power in the furtherance of its purposes as determined by the Board of Directors except that it may not incur any liability binding upon its members nor levy any assessment against its members other than the normal dues established under Article VII of these Bylaws. ARTICLE II MEMBERSHIP Section 1. Membership. Each City in Santa Clara County which is a member of the League of California Cities and which has paid in full the Section dues required under Article VII of these Bylaws shall be a member of the Association. Section 2. Suspension. Any City which is delinquent in payment of its dues shall automatically be deemed suspended from membership sixty (60) days after the date on which payment is due if the full payment has not been received, and it shall be the duty of the Secretary/Treasurer to promptly notify the City of its delinquency. A suspended member City shall not be permitted to participate in any Association proceedings. A suspended member City shall be restored to full membership upon its payment of the total dues assessment then due and payable in accordance with Article VII, Section 2. ARTICLE III BOARD OF DIRECTORS Section 1. Selection and Tenure. The Board of Directors of this Association shall be composed of a representative from each member city, selected by and from the legislative body thereof. Each Board member shall hold office at the pleasure of his or her City's legislative body, and selection shall be made in such manner as the respective legislative bodies of member Cities may themselves determine. Section 2. Alternates. The legislative body of a member City may, in its discretion, select from among its members an alternate to represent that City on the Board of Directors and vote in the absence of the member from that City. Section 3. Notice of Appointment. The legislative body of each member City shall, immediately upon the selection of one of its members as a member of Board of Directors, or as alternate, advise the Association Secretary/Treasurer of such appointment. Section 4. Ex Officio Members. The Santa Clara County/ Cities Managers’ Association, an advisory committee to the Association according to the provisions of Article VI, Section 1(d), and the Santa Clara County Board of Supervisors may each appoint one of its members to serve as an ex officio member of the Board of Directors. The ex officio member 362 3 may participate in deliberations but shall not participate in voting or in any of the privileges of membership, and shall not be counted for the purpose of determining whether a quorum of the Board is present. Section 5. Compensation. No member of the Board of Directors, including officers, shall receive any compensation from the Association for his or her services as a member of the Board. No member of the Board, including officers, shall be entitled to reimbursement from the Association for expenses incurred on Association business unless such reimbursement shall be authorized in advance by the Board of Directors, or unless such reimbursement is authorized and distributed by the member’s respective city Section 6. Duties. It is the responsibility of the members of the Board to report to and solicit comments from their fellow City Council members on major issues and to keep their City Councils informed on the business of the Section. ARTICLE IV OFFICERS Section 1. Officers Designated. The following officers of this Association shall be elected by the Board of Directors: President, First Vice President, Second Vice President and Secretary/Treasurer. Officers shall be selected from Council Members and Mayors of Member Cities. Section 2. Term of Office. a. The regular term of office for all officers shall commence upon election and shall be for a period of one (1) year. No person shall hold the same office for more than two (2) consecutive full terms. b. Election of officers shall take place at the first meeting of the Board of Directors and annually thereafter at the regular meeting of the Board of Directors in November. c. In the event a vacancy occurs during any officer's term of office, the Board of Directors shall determine whether to fill the unexpired portion of the term at a regu- lar or a special meeting. If such a determination is made, the then presiding officer shall appoint a nominating committee consisting of three (3) Board members which shall present its recommendations for filling the vacancy to the Board of Directors at the earliest practicable time and in accordance with the notice provisions set forth in Article V, Section 2. A person who is appointed to fill the unexpired portion of the term is not rendered ineligible to hold the same office in accordance with the provisions of Article IV, Section 2(a). Section 3. Duties. a. President. It shall be the duty of the President to preside at the meetings of the Board of Directors and to perform such other duties as ordinarily pertains to the office of President of like types of organizations. 363 4 b. Vice Presidents. It shall be the duty of the First and Second Vice Presidents, in that order, to act in the place and stead of the President during the President's absence or inability to act. c. Secretary/Treasurer. The Secretary/Treasurer shall review all financial accounts and records to determine that they are in accordance with these Bylaws and the directions of the Board of Directors. The Secretary/Treasurer shall see that minutes of all Board and Committee meetings are recorded, notice of meetings of the Board are posted, and that all receipts and disbursal of funds by the Association are done in accordance with these Bylaws and the direction of the Board of Directors. The day-to-day operation of the office of Secretary/Treasurer may be delegated to an Executive Director for the Association, which position shall be nonvoting. Section 4. Executive Director . The Board of Directors may hire an Executive Director who shall hold office until he or she resigns or is removed by the Board of Directors. The Executive Director shall have such duties as may be determined by the Board of Directors. Section 5. Nominating Committee. A nominating committee consisting of three (3) Board members shall be appointed by the President no later than two (2) meetings before the meeting at which officers for the following year will be elected. At the meeting immediately preceding the meeting for the election of officers, this committee shall present its nominations for officers for the following year. Additional nominations may be made from the floor at the meeting where the election is to be conducted, providing the consent of the nominee has been secured. ARTICLE V MEETINGS Section 1. Schedule and Locations. Regular meetings of the Board of Directors shall be held, at a minimum, every other month at a time and location determined by the Board of Direc- tors. The Board of Directors shall schedule periodic meetings of the general membership, to include all members of legislative bodies of member Cities. Section 2. Notice and Meetings. The Association is a legislative body for purposes of the Brown Act (Govt. Code 54950 et seq). Notice of the time and place of all regular meetings shall be given in writing by the Secretary/Treasurer or a designee to all members of the Board at least three (3) days prior to the meeting. Such notices may be sent by United States mail, postage prepaid, or by electronic mail, or by the Internet, which shall be determined to be personally delivered. Notice of special meetings shall be given by the Secretary/Treasurer or a designee to all Board members at least one (1) day in advance and in the manner required by Government Code section 54956. The Secretary/Treasurer or designee shall be responsible for preparing and posting agendas of Board meetings three (3) days prior to the meeting and in compliance with Government Code section 54954.2. Section 3. Quorum. A majority of the members of the Board of Directors shall constitute a quorum to do business at any such regular or special meeting. Section 4. Voting. The affirmative vote of a majority of the members of the Board of Directors present shall be necessary for the Board of Directors to take action. Each member of 364 5 the Association shall have one vote. Section 5. Rules of Order. Subject to the provisions of these By-Laws, the meetings of the Board of Directors shall be governed by Robert's Rules of Order, Newly Revised. ARTICLE VI COMMITTEES Section 1. Standing Committees.a. Executive Board. The Executive Board shall act to accomplish, administer andfacilitate the goals and the purposes of the Association at the direction of the Board of Directors. The Executive Board shall consist of the officers of this Association; the Immediate Past President, if still a Cities Association member; the Chair of the Legislative Action Committee; and a Director at Large who may be appointed if the Immediate Past President is no longer a Cities Association member. The Director at Large shall be a Cities Association member appointed by the President upon approval of the Board. The Vice Chair of the Legislative Action Committee shall be appointed to serve on the Executive Board in the absence of the Chair of the Legislative Action Committee. b.Legislative Action Committee. There shall be a Legislative Action Committee of this Association, which shall have the membership and purpose as follows. The membership of the Legislative Action Committee shall consist of one representative from each City in the County. The representative shall be a City Council Member or the Mayor. Each City shall also appoint an alternate to serve on the Committee in the absence of the representative. The alternate may be a City Council Member or the Mayor. Each City, represented by either the representative or the alternate, shall have one vote. The purpose of the Legislative Action Committee is threefold. First, the Committee would enable the Cities Association to advocate on issues of interest to Santa Clara County cities in an organized, effective manner. Second, the Committee would provide basic legislative information to cities with little or no legislative staff. Third, the Committee would organize emergency responses to urgent issues. c. City Selection Committee. TheCity Selection Committee shall be a Standing Committee of this Association, and shall have the membership and purposes set forth in Government Code sections 50270-50279.4 and which shall be governed by the requirements of such sections. The membership of the City Selection Committee shall consist of the Mayor or Mayor's designee of each City in the County, whether or not any such City is a member of the Section. Section 2. Liaison Committee. a. . Santa Clara County/City Managers’ Association. The Santa Clara County City/County Managers’ Association shall serve as an advisory committee to the Association. The Santa Clara County/City Managers’ Association may choose an ex 365 6 officio representative to the Board of Directors. Section 3. Other Committees Authorized. a. A nominating committee will be appointed as required and in accordance with the provisions of Article IV. b. The President, with the consent and approval of the Board of Directors, may appoint such committees as may be necessary from time to time, and designate the chair and the purpose of each such committee. Any elected individual of any member City shall be eligible to serve upon any such committee. Section 4. Quorum. The quorum for each committee except the City Selection Committee shall be determined by the Board at such time as the committee is created. A quorum for the City Selection Committee shall be eight (8) members. The majority vote for the City Selection Committee (8) is required to appoint representatives to boards, commissions, or agencies. Whenever a quorum is not present, the meeting shall be adjourned or postponed to a subsequent time and place as determined by the Chair. ARTICLE VII FINANCES Section 1. Budget. On or before April 15 of each calendar year, the Board of Directors shall approve a preliminary budget for the Association for the fiscal year commencing with July 1 of the same calendar year. The Board of Directors shall adopt a final budget no later than June 15 of each year. A copy of the preliminary budget when approved and a copy of the final budget when adopted shall be transmitted to each member City. Section 2. Dues. Each member City shall pay to this Association annual dues in accordance with a dues schedule adopted by the Board of Directors on or before June 1 of each year. Dues shall be for the fiscal year commencing July 1 and shall be an amount for each member City based upon the approved budget. The full amount shall be due and payable before July 1 of each year. Any City becoming a member of this Association during a fiscal year shall pay the full dues for that year prior to exercising any rights of membership. The dues schedule shall be revised every three (3) to four (4) years. Section 3. Funds. All funds received by the Association from the membership or any other source shall be deposited in a financial institution or institutions determined by the Secre- tary/Treasurer and disbursed only by check signed by any persons designated by the Board of Directors as signers on the account including the Executive Director, the Secretary/Treasurer and the President. There shall be a Reserve of funds to cover six (6) to nine (9) months of operating expenses to ensure financial stability of the Association. The dues schedule shall be revised as such. Section 4. Accounting. Every two (2) to three (3) years, an audit of the Association’s finances shall be completed and copies thereof shall be filed with the Board of Directors. Annually, a complete written account of all receipts and disbursements during the previous year, showing the opening and closing balances shall be prepared by the Secretary/Treasurer or a 366 7 designee. Copies thereof shall be filed with the Board of Directors Monthly, bank and reconciliation statements shall be reviewed by the Secretary/Treasurer and initialized as such. Monthly reports of accounting and investments shall be prepared and filed with the Board of Directors by the Secretary/Treasurer or a designee. ARTICLE VIII ADOPTION AND AMENDMENTS Section 1. Adoption. These Bylaws shall become effective upon the affirmative vote of the legislative bodies of two-thirds of the cities in Santa Clara County. Section 2. Amendments. These Bylaws may be amended only in the following manner: Proposed amendments shall be submitted in writing to the Board of Directors for approval, and if approved, shall thereafter be submitted in writing to each member City of the Association at least thirty (30) days before action thereon is required by the membership. An affirmative vote of two- thirds of the legislative bodies of the member Cities shall be required for approval. 367 8 368