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Home My WebLink About05-06-2009 Council Agenda Packet AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL MAY 6, 2009 SPECIAL MEETING –5:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 5:00 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 April 30, 2009) 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. LIBRARY AND PARKS AND RECREATION COMMISSION INTERVIEWS The following people have been scheduled for interviews: TIME CANDIDATE COMMISSION 5:00 Anya Iyengar Library 5:10 Judy Wang Library 5:20 Mark Johnson Parks & Recreation ADJOURN TO CLOSED SESSION – 5:30PM ANNOUNCEMENT OF CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – Threatened Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1 potential cases) CALL JOINT MEETING TO ORDER – 6:00 P.M. 1. Joint Meeting with Mountain Winery Recommended Action: Informational only. ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the Community Development Department Director 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 for the City of Saratoga was posted on April 30, 2009, 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 30th day of April 2009 at Saratoga, California. Ann Sullivan, CMC City Clerk REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on April 30, 2009) 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. Proclamation Recognizing Alice Chiou for her Service on the Library Commission Recommended action: Acknowledge proclamation commending Alice Chiou for her service on the Saratoga Library Commission. 2. Commendations Honoring Outgoing Planning Commissioners Recommended action: AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, May 6, 2009 1 Present commendations. 3. Proclamation Declaring May as Water Awareness Month in the City of Saratoga Recommended action: Acknowledge proclamation declaring May 2009 as Water Awareness Month in the City of Saratoga. 4. Proclamation Declaring the Week of May 3 – 9, 2009 as “Architecture Week” Recommended action: Present proclamation. SPECIAL PRESENTATIONS 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. 5. City Council Minutes – April 15, 2009 Recommended action: Approve minutes. 6. Treasurer’s Report for the Month Ended March 31, 2009 Recommended action: The City Council review and accept the Treasurer’s Report for the month ended March 31, 2009. 7. Review of Accounts Payable Registers Recommended action: That the City Council accepts the Check Registers for Accounts Payable cycles: April 09, 2009 April 16, 2009 April 23, 2009 8. Approval of Agency Agreement for Countywide AB 939 Implementation Fee Recommended action: Accept report, and authorize the City Manager to approve the Agency Agreement with the County of Santa Clara for the Countywide AB 939 Implementation Fee. 9. Motor Vehicle (MV) Resolution authorizing 15 Minute Parking Recommended action: Move to adopt the Motor Vehicle Resolution authorizing two “15 Minute Parking” spaces on the Frontage Road adjacent to Blaney Plaza 10. Landmark Designation for 21000 Big Basin Way (Hakone Gardens) Recommended action: The Heritage Preservation Commission recommends the City Council waive the Second Reading and adopt the Ordinance to designate Hakone Gardens as a Historic 2 Landmark. 11. Approval of Agency Agreement for the Countywide Household Hazardous Waste Collection Program Recommended action: Accept report, and authorize the City Manager to approve the Agency Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste (HHW) Collection Program. 12. Resolution of the Council of the City of Saratoga Supporting the Effort to Bring Major League Baseball to the County of Santa Clara Recommended action: 1. Approve a letter of support to the Major League Baseball Commissioner 2. Adopt resolution supporting the efforts to bring Major League Baseball to the County of Santa Clara 13. Ordinance amending the City Code to allow the City Council to adopt rules of parliamentary procedure by resolution and clarify procedures for addressing the City Council and Resolution adopting rules of procedure Recommended action: 1. Adopt Ordinance amending the City Code to allow the City Council to adopt rules of parliamentary procedure by resolution and clarify procedures for addressing the City Council; and 2. Adopt Resolution adopting rules of parliamentary procedure. 14. Adoption of Ordinance amending the Zoning Regulations to (1) extend the waiver of off-street parking requirements in the CH1 and CH2 Zoning Districts, (2) make various clarifying amendments, and (3) amend Article 15-90 to conform appeals of Planning Commission decisions with previous amendments to Section 2-05.030 concerning appeals to the City Council. Recommended action: Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Off-Street Parking and Loading Facilities and Appeals. 15. Traffic Safety Commission Meeting Schedule Recommended action: Move to adopt the resolution approving a revised meeting schedule. PUBLIC HEARINGS None OLD BUSINESS None NEW BUSINESS 16. Request from the Housing Trust of Santa Clara County for Funding for Fiscal Year 09/10 3 Recommended action: Direct Staff Accordingly. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page Hakone Foundation Executive Committee Peninsula Division, League of California Cities SSC Cities Association Board SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Sanitation District West Valley Mayors and Managers Association Council Finance Committee City School Ad-Hoc Vice Mayor Kathleen King Hakone Foundation Board West Valley Flood Control Zone & Watershed Advisory Committee SSC Cities Association Executive Board SCC Cities Association – Joint Economic Development Policy Committee (JEDPC) City School Ad-Hoc Councilmember Jill Hunter Historical Foundation Library Joint Powers Association Santa Clara County Valley Water District Commission Village AdHoc Councilmember Howard Miller Chamber of Commerce KSAR Santa Clara County Emergency Council West Valley Solid Waste Joint Powers Association Council Finance Standing Committee Councilmember Susie Nagpal ABAG Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) County HCD Policy Committee SASCC Sister City Liaison Village AdHoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are 4 available at the office of the Community Development Department Director 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 April 30, 2009, for 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 30th day of April 2009at Saratoga, California. Ann Sullivan, CMC City Clerk 5 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 5/20 Regular Meeting – Joint Meeting with Montalvo Arts 6/3 Regular Meeting – Joint Meeting with Parks and Recreation Commission 6/17 Regular Meeting – Joint Meeting with HOA Presidents 7/1 Regular Meeting – 6:00-6:30 Council Electronic Communications (City Attorney) & 6:30-6:55 Council Emergency Training 7/15 Regular Meeting – Joint Meeting with SASCC 8/5 SUMMER RECESS – NO COUNCIL MEETING 8/19 SUMMER RECESS – NO COUNCIL MEETING 9/2 Regular Meeting – Joint Meeting with Hakone Foundation 9/16 Regular Meeting – Joint Meeting with West Valley Board of Trustees 10/7 Regular Meeting – Joint Meeting with Traffic Safety Commission 10/21 Regular Meeting – Joint Meeting with Historical Foundation & Heritage Preservation Comm. 11/4 Regular Meeting – Saratoga Ministerial Association 11/18 Regular Meeting – 12/1 Council Reorganization 12/2 Regular Meeting - 12/16 Regular Meeting - CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2009 6 @ ~I ___ - Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Proclamation Recognizing Alice Chiou for her Service on the Library Commission RECOMMENDED ACTION: Acknowledge proclamation commending Alice Chiou for her service on the Saratoga Library Commission. BACKGROUND: Alice Chiou has served on the Saratoga Library Commission for the past four years. During her term, which ended in April 2009, Alice demonstrated a clear commitment to the Library Commission and its objectives. Alice’s service has helped the Library Commission fulfill its mission to ensure that Saratoga residents have access to informational, educational, and recreational library materials and services. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. 7 Page 2 of 2 ATTACHMENTS: Attachment A: Proclamation Commending Alice Chiou 8 SARATOGA CITY COUNCIL COMMENDING ALICE CHIOU FOR HER SERVICE ON THE LIBRARY COMMISSION WHEREAS, Alice Chiou has served a four year term on the City of Saratoga Library Commission; and WHEREAS, Alice has given many hours to the Library Commission and has demonstrated commitment and willingness to work on projects whenever needed; and WHEREAS, Alice has played an instrumental role in helping the Library Commission fulfill its mission to ensure Saratoga residents have access to informational, educational, and recreational library materials and services; and WHEREAS, in her position as a Library Commissioner, Alice has served as a valued advisor to the City Council on library policies, budgets, plans, and procedures; and WHEREAS, Alice’s contributions to the Library Commission are greatly appreciated by the City of Saratoga; NOW, THEREFORE, BE IT RESOLVED, that Alice Chiou is hereby commended and thanked for her commitment to the City of Saratoga and the Library Commission; and WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of May 2009. _________________________ Chuck Page, Mayor City of Saratoga 9 I I I I SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Commendations Honoring Outgoing Planning Commissioners RECOMMENDED ACTION: Present commendations. REPORT SUMMARY: Attached are commendations honoring outgoing Planning Commission members. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Copy of Commendations. 10 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING PLANNING COMMISSIONER VICE CHAIR ROBERT KUNDTZ WHEREAS, Robert Kundtz has served on the Planning Commission since May 1, 2005; and WHEREAS, Robert was well respected in his role as a Commissioner and his experience and leadership allowed him to have the honor of serving as Vice Chair of the Planning Commission; and WHEREAS, Robert played a vital role in the review and updating several City Code Sections, including the Fence Ordinance, Residential Property Maintenance Ordinance and a major update of Chapter 15 of the Zoning Code to help simplify and clarify language in the code to make it more user friendly to all community members; and WHEREAS, Robert contributed to the economic development of the City by establishing the waiver of the Parking Ordinance requirements; and WHEREAS, Robert worked to establish how the City would accommodate future affordable housing by helping complete the 2009 General Plan Housing Element; and WHEREAS, Robert contributed to the update of the General Plan Land Use, Conservation and Open Space Element which set the policy for the City; and WHEREAS, since it is apparent to all who worked with him that Robert has been a dedicated and hard working Planning Commissioner, his years of service are greatly appreciated by the Planning Commission, the City Council, and the staff. NOW, THEREFORE, BE IT RESOLVED, that Robert Kundtz is hereby commended and thanked for his hard work and dedication on the Planning Commission; and BE IT FURTHER RESOLVED that we wish him well in all his future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of May 2009. ______________________ Chuck Page, Mayor City of Saratoga 11 I I I I COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING PLANNING COMMISSIONER RISHI KUMAR WHEREAS, Rishi Kumar has served on the Planning Commission since April 1, 2007; and WHEREAS, Rishi played a vital role in the review and updating several City Code Sections, including the Fence Ordinance and the Residential Property Maintenance Ordinance; and WHEREAS, Rishi worked to establish how the City would accommodate future affordable housing by helping complete the 2009 General Plan Housing Element; and WHEREAS, since it is apparent to all who worked with him that Rishi has been a dedicated and hard working Planning Commissioner, his years of service are greatly appreciated by the Planning Commission, the City Council, and the staff. NOW, THEREFORE, BE IT RESOLVED, that Rishi Kumar is hereby commended and thanked for his hard work and dedication on the Planning Commission; and BE IT FURTHER RESOLVED that we wish him well in all his future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of May 2009. ______________________ Chuck Page, Mayor City of Saratoga 12 I I I I COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING PLANNINGCOMMISSIONER CHAIR PERSON SUSIE NAGPAL WHEREAS, Susie Nagpal has served on the Planning Commission since April 2003 and reappointed April 2007; and WHEREAS, Susie was well respected in her role as a Commissioner and her experience and leadership allowed her to have the honor of serving as Chair and Vice Chair of the Planning Commission; and WHEREAS, Susie played a vital role in the review and updating several City Code Sections, including the Fence Ordinance, Residential Property Maintenance Ordinance and a major update of the Chapter 15 of the Zoning Code to help simplify and clarify language in the code to make it more user friendly to all community members; and WHEREAS, Susie contributed to the preservation of the environment by updating the Tree Ordinance; and WHEREAS, Susie worked to establish how the City would accommodate future affordable housing by helping complete the 2009 General Plan Housing Element; and WHEREAS, Susie contributed to the update of the General Plan Land Use, Conservation and Open Space Elements which set the policy for the City; and WHEREAS, Susie contributed to the economic development of the City by establishing the waiver of the Parking Ordinance requirements; and WHEREAS, since it is apparent to all who worked with her that Susie has been a dedicated and hard working Planning Commissioner and her years of service are greatly appreciated by the Planning Commission, the City Council, and the staff. NOW, THEREFORE, BE IT RESOLVED, that Susie Nagpal is hereby commended and thanked for her hard work and dedication on the Planning Commission; and BE IT FURTHER RESOLVED that we wish her well in the future as a City Council member. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of May 2009. ______________________ Chuck Page, Mayor City of Saratoga 13 I I I I Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Proclamation Declaring May as Water Awareness Month in the City of Saratoga RECOMMENDED ACTION: Acknowledge proclamation declaring May 2009 as Water Awareness Month in the City of Saratoga. BACKGROUND: This marks the third consecutive year of drought conditions in the State of California, which has raised concerns about preserving California’s precious water supply. Many government agencies are implementing mandatory water conservation or asking residents to voluntarily cutback water usage. Earlier this year, the Santa Clara Valley Water District called for mandatory water rationing this summer. To help educate residents about the importance of water conservation, municipalities all over the State are declaring May as Water Awareness Month. These organizations hope to encourage statewide support for preserving water supplies and responsible water consumption. Bob Day, San Jose Water Company’s Director of Customer Service, will be accepting the Water Awareness Month proclamation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A 14 Page 2 of 2 FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Water Awareness Month Proclamation 15 CITY OF SARATOGA PROCLAMATION DECLARING AND SUPPORTING MAY 2009 AS WATER AWARENESS MONTH IN THE CITY OF SARATOGA WHEREAS, water is one of California’s most precious natural resources and the health and wellbeing of our community depends on a reliable, high-quality water supply; WHEREAS, a safe and reliable water supply provides for a high quality of life through public health protection, fire fighting protection, and economic prosperity; and WHEREAS, the Santa Clara Valley is experiencing the third year of below normal rainfall and a second year of reduced water deliveries from the Sacramento-San Joaquin Delta; and WHEREAS, the Santa Clara Valley Water District has called for 15 percent mandatory conservation in response to the drought; and WHEREAS, the City of Saratoga recognizes the importance of working with local water agencies and residents to increase understanding of water and the need to conserve this important resource; and WHEREAS, residents play a vital role in the regional effort to preserve water and the Saratoga community can help reduce water consumption by making simple household changes, such as installing water-efficient appliances, using low-flow fixtures, using a drip irrigation system, or watering lawns once every three days during summer months and turning off irrigation systems during the winter; and WHEREAS, during the month of May 2009, water agencies and companies, cities, counties, and organizations throughout California will organize activities to educate the public about water awareness. NOW, THEREFORE, I, Chuck Page, Mayor of the City of Saratoga, do hereby proclaim May as Water Awareness Month in the City of Saratoga, and urge all citizens to learn more about water and conserving this resource, and BE IT FURTHER RESOLVED that I urge all citizens to join in supporting local water agencies and companies in their efforts to help Californians use water more wisely. _________________________ Chuck Page, Mayor City of Saratoga 16 I I I I 1 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Proclamation Declaring the Week of May 3 – 9, 2009 as “Architecture Week” RECOMMENDED ACTION: Present proclamation. REPORT SUMMARY: The attached proclamation declares the week of May 3 – 9, 2009 as “Architecture Week” in the City of Saratoga. A representative from the Santa Clara Valley Chapter of the American Institute of Architects will be present to accept the proclamation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Copy of Proclamation 17 CITY OF SARATOGA PROCLAMATION DECLARING THE WEEK OF MAY 3 – 9, 2009 “ARCHITECTURE WEEK” WHEREAS, we hereby proclaim outstanding recognition of the value of architecture and the architects who combine knowledge, innovation, and creativity to design healthy, safe, and livable communities; and WHEREAS, we value the contribution of architects to create a quality of life and beauty for the City of Saratoga that both inspires and endures; and WHEREAS, as members of and through The American Institute of Architects Santa Clara Valley Chapter, Architects lend their time and talent to increase public awareness of the necessity to design safe inspirational communities that promote energy independence, preserve our natural resources, and support climate protection; and WHEREAS, with a spirit of appreciation, the people of The City of Saratoga honor and congratulate the profession of architecture and architects for the many and valued contributions to our City. THEREFORE, I, Chuck Page, Mayor of the City of Saratoga, do hereby proclaim the week of May 3 – 9, 2009 as “ARCHITECTURE WEEK” I call upon the people of Saratoga and all government agencies to observe the week with appropriate ceremonies and activities paying tribute to our Architects and The American Institute of Architects Santa Clara Valley Chapter who represents them. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of May 2009. Chuck Page, Mayor City of Saratoga 18 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – April 15, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for April 15, 2009 City Council 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: N/A ATTACHMENTS: Attachment A – Minutes from April 15, 2009 – City Council meeting. 19 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey SUBJECT: Treasurer’s Report for the Month Ended March 31, 2009 RECOMMENDED ACTION The City Council review and accept the Treasurer’s Report for the month ended March 31, 2009. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of March 31, 2009, the City had $113,956 in cash deposit at Comerica bank, and $14,889,173 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of March 31, 2009 is $15,003,129 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank 113,956$ Deposit with LAIF 14,889,173$ Total 15,003,129$ 20 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 21 ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at March 31, 2009 General General Fund Reserved: Petty Cash Reserve 1,300$ Designated: Designated for Operations 2,808,164$ Designated for Economic Uncertainty 1,300,000$ Designated for Development Services 782,380$ Designated for Environmental Services 663,182$ Designated for Uncollected Deposits 289,454$ Designated for Carryforward 58,386$ Undesignated:1,657,035$ Special Revenue Landscape and Lighting Districts 269,150$ CDBG Federal Grants -$ SHARP Program 120,376$ Capital Project Street Projects 2,041,081$ Park and Trail Projects 1,148,251$ Facility Improvement Projects 1,012,761$ Administrative Projects 179,613$ Tree Fund 84,200$ CIP Grant Fund 266,077$ Gas Tax Fund 271,816$ Debt Service Library Bond 425,855$ Internal Service Liability/Risk Management 166,988$ Workers Compensation 98,244$ Office Stores Fund 45,987$ Information Technology Services 167,161$ Equipment Maintenance 65,756$ Facility Maintenance 235,198$ Equipment Replacement 100,684$ IT Replacement 320,912$ Trust/Agency Library Fund 379,751$ KSAR - Community Access TV 43,366$ Total City 15,003,129$ 22 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at March 31, 2009. Fund Description Fund Balance 07/01/08 Increase/ (Decrease) Jul-Feb Current Revenue Current Expenditure Transfers Fund Balance 3/31/09 General Undesignated Unreserved Balance 2,216,238 (1,166,182) 1,074,690 1,450,470 - 674,276 Reserved Fund Balance: Petty Cash Reserve 1,300 - - - - 1,300 Designated Fund Balances:- - Designated for Operations 2,808,164 - - - - 2,808,164 Designated Economic Uncertainty 1,500,000 - - - (200,000) 1,300,000 Designated for Development 782,380 - - - - 782,380 Designated for Environmental 679,917 - - - (16,735) 663,182 Designated for Uncollected Deposits 289,454 - - - - 289,454 Designated for Carryforward 58,386 - - - - 58,386 Designated for Capital Improvements 1,200,000 - - - (1,200,000) - Special Revenue Landscape/Lighting Districts 209,821 134,911 61,236 136,647 - 269,321 CDBG Federal Grants - - - - - - SHARP Loan 93,877 1,488 567 - - 95,932 Capital Project Street Projects 1,482,982 448,989 - 86,513 - 1,845,459 Park and Trail Projects 1,455,178 (390,638) - (22,224) - 1,086,764 Facility Improvement Projects 515,315 360,852 5,000 9,445 - 871,721 Administrative Projects 100,841 81,631 - 2,859 - 179,612 Tree Fund 129,566 (45,365) - - - 84,200 Grant Fund 266,476 (20,221) 16,785 27,134 - 235,905 Gas Tax Fund 124,192 178,355 - 34,017 - 268,530 Debt Service Library Bond 853,620 (431,141) 2,285 925 423,839 Internal Service Fund Liability/Risk Management 128,689 37,897 1,173 771 - 166,988 Workers Compensation 47,736 52,564 - 2,056 - 98,244 Office Stores Fund 32,616 15,307 - 1,937 - 45,987 Information Technology Services 122,541 67,166 - 22,547 - 167,161 Equipment Maintenance 13,412 67,927 - 15,583 - 65,756 Building Maintenance 101,361 172,226 325 43,489 - 230,423 Equipment Replacement 98,109 (697) 508 (2,764) - 100,684 Technology Replacement 316,310 26,252 - 21,650 - 320,912 Trust/Agency Library Fund 693,929 (316,085) 1,911 - - 379,755 KSAR - Community Access TV 38,661 4,502 203 - - 43,366 Total City 16,361,072 (720,264) 1,164,683 1,831,055 (1,416,735) 13,557,700 23 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Cash & Investment Balance at March 31, 2009 CIP Street Project Fund 2,041,081$ CIP Parks Project Fund 1,148,251$ CIP Facility Project Fund 1,012,761$ CIP Administrative Projects 179,613$ Tree Fund 84,200$ CIP Grant Fund 266,077$ Gas Tax Fund 271,816$ Total CIP Funds 5,003,798$ 24 ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Fund Balance 07/01/08 Increase/ (Decrease) Jul-Feb Current Revenue Current Expenditure Transfers Fund Balance 3/31/09 Street Projects Traffic Safety 11,757 (7,645) - 789 3,323 Highway 9 Safety Project 55,460 (10,331) - - 45,129 Annual Street Resurfacing Project 79,151 (124,377) - 11,865 (57,091) Sidewalks Annual Project (3,564) 39,314 - 2,412 33,339 Saratoga Sunnyvale Road Resurfacing - 64,972 - - 64,972 Traffic Signal @ Verde Vista Lane 90,000 - - - 90,000 Fourth Street Bridge 100,000 - - - 100,000 Quito Road Bridge Replacement Design 9,730 - - - 9,730 Quito Road Bridge Construction 115,726 - - - 115,726 Village Newsrack Enclosure 23,384 (77) - - 23,307 Village Façade Program 19,430 - - 615 18,815 Solar Power Radar Feedback Signs 24,158 - - - 24,158 El Quito Area Curb Replacement 37,553 - - - 37,553 Sobey Road Culvert Repair 150,000 - - - 150,000 Annual Storm Drain Upgrade - 25,265 - 21 25,244 Village Trees & Lights at Sidestreets 31,965 (7,790) - (3,770) 27,945 Village Pedestrian Enhancement 115,000 (64,109) - 3,652 47,239 Prospect Road Median 1,556 186,945 - 3,770 184,731 City Entrance Sign/Monument 23,788 - - - 23,788 Village-Streetscape Impv 540,665 (2,709) - 11,986 525,970 Saratoga-Sunnyvale ADA Curb Ramps - - - - - Saratoga-Sunnyvale/Gateway Sidewalk 57,224 (470) - 55,172 1,582 Comer Drive Retaining Wall - 200,000 - - 200,000 Pedestrian Refuge @ Quito/McCoy - 150,000 - - 150,000 Total Street Projects 1,482,982 448,989 - 86,513 - 1,845,459 Parks & Trails Hakone Garden Koi Pond 50,000 (850) - - 49,150 EL Quito Park Improvements 118,209 (73,780) - - 44,429 Wildwood Park - Water Feature/Seating 7,199 - - - 7,199 Historical Park Landscape 37,200 - - - 37,200 Hakone Garden Retaining Wall & D/W 142,829 - - - 142,829 Hakone Garden Upper Moon House - 125,000 - - 125,000 Wildwood Park Improvement - - - - - DeAnza Trail - (23,591) - (23,591) - Kevin Moran Improvements 982,259 (382,422) - 551 599,286 West Valley Soccer Field (58,507) (8,069) - 540 (67,116) Park/Trail Repairs 21,130 (13,382) - - 7,748 Heritage Orchard Path 6,153 (6,153) - - - Trail Segment #3 Repair 7,912 - - 275 7,637 Teerlink Ranch Trail 22,242 (7,392) - - 14,850 CIP Allocation Fund 118,552 - - - 118,552 Total Parks & Trails 1,455,178 (390,638) - (22,224) - 1,086,764 Facility Improvements Civic Center Landscape 13,384 - - - 13,384 Warner Hutton House Improvements 5,868 - - - 5,868 Facility Projects 39,735 (4,612) - 4,643 30,480 Fire Alarm at McWilliams & Museum 11,371 - - - 11,371 North Campus Improvements 443,195 (297,787) - 4,802 140,607 North Campus - Bldg Removal - - - - - City Hall - Cool Roofs - - - - - Multi-Purpose Room Fund - 250,000 - - 250,000 Corp Yard Solar Project - 93,250 - - 93,250 Library HVAC Upgrade - 310,000 - - 310,000 Library - EXT Improvement - - 5,000 - 5,000 McWilliams House Improvement - 10,000 - - 10,000 Historical Park Fire Alarm System 1,762 - - - 1,762 Total Facility Improvements 515,315 360,852 5,000 9,445 - 871,721 Administrative Projects Financial System Upgrade 8,516 (4,982) - - 3,534 Document Imaging Project 92,325 (9,343) - (2,371) 85,353 CDD Document Imaging Project - 49,313 - 4,906 44,407 Website Development Project - 40,642 - 325 40,317 KSAR Equip Upgrades - 6,002 - - 6,002 Total Administrative Projects 100,841 81,631 - 2,859 - 179,612 Tree Fund Tree Fine Fund 129,566 (45,365) - - 84,200 CIP Fund CIP Grant Fund 266,476 (20,221) 16,785 27,134 235,905 Gax Fund Gas Tax Fund 124,192 178,355 - 34,017 268,530 Total CIP Funds 4,074,549 613,601 21,785 137,744 - 4,572,192 25 ATTACHMENT E 26 Bill Lockyer, State Treasurer .. Inside the State Treasurer 's Office" 1977 "" "" ". Itsl Its2 "" "" "" " .. "" " .. " .. , ... '"' '"' '"' '''' '''' , ... ,m , ... ''" '"" '"" '00' '"" '"'" '"" '"" '"'" LOC AL AGENCY INV ESTMENT FUI\'D QUARTERLY APPORTIONMENT RATES Dave Anderson Melanie Whittaker Mary Furey RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 04/09/09 111953 111998 45 131,105.73 04/09/09 04/02/09 111952 04/16/09 111999 112056 57 171,080.93 04/16/09 04/09/09 111998 04/23/09 112057 112104 47 609,847.44 04/23/09 04/16/09 112056 AP Date Check No. Issued to Dept.Amount 04/09/09 111968 Public Works 10,848.00 04/09/09 111972 Building Maintenance 15,783.30 04/09/09 111981 Community Grants 18,250.00 04/09/09 111982 Various 33,534.16 04/16/09 112000 Non- Departmental 42,445.00 04/16/09 112019 Public Works 26,795.65 04/16/09 112038 Public Works 24,257.00 04/23/09 112061 Public Works 211,409.04 04/23/09 112081 Public Safety 330,022.46 04/23/09 112101 Public Works 34,809.39 B&B Landscape CIP - Parks Projects Kevin Moran Park Improvements Santa Clara County - Office of the Sheriff General Law Enforcement - Monthly Service Weber Tractor Service General Electric, Gas & Phone Service Ground Prep Guerra Construction Street Improvements Fund The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: City Wide Striping Purpose Gachina Landscape Various Landscape Services List Engineering Company Concrete Repair Quality Striping, Inc Street Improvements April 23, 2009 CIP - Facilities Project Library HVAC AmountTotal Checks Accounts Payable Type of Checks Shute Mihaly & Weinberger Various Monthly Legal Service ABAG Plan CorporationWorker's Compensation Deposit Premium Q4/09 April 16, 2009 Checks Released Prior Check Register Operational, Supplemental, City and CDBG Support Q4/09SASCCGeneral Date Starting Check No. PREPARED BY:DEPT. DIRECTOR: SUBJECT: Review of Accounts Payable Check Registers. April 09, 2009 Accounts Payable Ending Check No. Accounts Payable SARATOGA CITY COUNCIL MEETING DATE:May 6, 2009 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: 27 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No.Amount 04/09/09 111915 (76.44) 04/16/09 111913 (482.00) 04/23/09 The following is a list of cash reduction by fund: Fund #AP 04/09 AP 04/16 AP 04/23 Total 111 General 87,286.85 44,608.26 347,551.22 479,446.33 231 Village Lighting 498.72 1,792.17 2,290.89 241 Arroyo de Saratoga Landscape 85.00 51.41 136.41 242 Bonnet Way Landscape 127.00 133.72 260.72 243 Carnelian Glen 135.00 135.00 244 Cunningham/Glasgow Landscape 145.00 143.38 288.38 245 Fredericksburg Landscape 132.00 30.90 162.90 246 Greenbriar Landscape 399.00 163.01 562.01 247 Kerwin Ranch Landscape 340.00 340.00 248 Leutar Court Landscape 85.00 51.41 136.41 249 Manor Drive Landscape 160.00 160.00 251 McCartysville Landscape 215.00 220.28 435.28 252 Prides Crossing Landscape 600.00 154.10 754.10 253 Saratoga Legends Landscape 363.00 363.00 254 Sunland Park Landscape 340.00 340.00 255 Tricia Woods Landscape 37.00 41.63 78.63 271 Beauchamps Landscape 85.00 85.00 272 Bellgrove Landscape 1,985.00 814.68 2,799.68 273 Gateway Landscape 374.97 206.35 581.32 274 Horseshoe Landscape/Lighting 320.00 320.00 276 Tollgate LLD 90.00 90.00 277 Village Commercial Landscape 192.14 192.14 411 CIP Street Projects 4,018.33 64,468.39 1,636.77 70,123.49 412 CIP Parks Projects 2,672.12 822.70 212,577.38 216,072.20 413 CIP Facility Projects 15,783.30 8,000.00 35,600.39 59,383.69 431 Grant Fund - CIP Streets 3,485.00 3,485.00 612 Workers' Comp 693.96 42,545.02 43,238.98 621 Office Stores Fund 625.78 625.78 622 Information Technology 5,265.26 5,887.88 11,153.14 623 Vehicle & Equimpent Maint 4,550.22 3,215.53 1,004.02 8,769.77 624 Building Maintenance 4,625.58 800.66 3,797.61 9,223.85 131,105.73 171,080.93 609,847.44 912,034.10 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format (None) TOTAL Vista Landscape VOID - No Reissue Allied Adminstrators VOID - Reissue Fund Description Issued to Description 28 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 : 0 4 / 2 0 / 2 0 0 9 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 2 : 2 8 : 2 7 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 1 9 5 3 0 4 / 0 9 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 M T H L Y R E C U R R I N G 0 . 0 0 1 7 8 . 0 7 11 1 1 1 1 1 1 9 5 3 0 4 / 0 9 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 A L A R M S Y S P H O N E 0 . 0 0 8 5 . 1 5 11 1 1 1 1 1 1 9 5 3 0 4 / 0 9 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 S R C T R A L A R M 0 . 0 0 3 0 . 0 3 11 1 1 1 1 1 1 9 5 3 0 4 / 0 9 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E M E R G E N C Y R E S P O N S E 0 . 0 0 2 0 4 . 3 4 11 1 1 1 1 1 1 9 5 3 0 4 / 0 9 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 N O R T H C A M P U S 0 . 0 0 4 4 . 1 2 11 1 1 1 1 1 1 9 5 3 0 4 / 0 9 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 C O R P Y A R D E R L I N E 0 . 0 0 4 2 . 6 8 11 1 1 1 1 1 1 9 5 3 0 4 / 0 9 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 B L A N E Y P H O N E M O D E M 0 . 0 0 1 5 . 1 4 TO T A L C H E C K 0 . 0 0 5 9 9 . 5 3 11 1 1 1 1 1 1 9 5 4 0 4 / 0 9 / 0 9 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 S U P P L I E S - J A N I T O R I A L 0 . 0 0 2 0 . 2 8 11 1 1 1 1 1 1 9 5 4 0 4 / 0 9 / 0 9 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 S U P P L I E S - J A N I T O R I A L 0 . 0 0 1 3 6 . 9 0 11 1 1 1 1 1 1 9 5 4 0 4 / 0 9 / 0 9 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 S U P P L I E S - J A N I T O R I A L 0 . 0 0 6 5 . 5 9 11 1 1 1 1 1 1 9 5 4 0 4 / 0 9 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 1 1 1 5 3 0 1 S U P P L I E S - B A T H R O O M 0 . 0 0 4 4 8 . 4 0 TO T A L C H E C K 0 . 0 0 6 7 1 . 1 7 11 1 1 1 1 1 1 9 5 5 0 4 / 0 9 / 0 9 5 2 1 A L L I E D L O C K & S A F E I N C 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 7 6 . 4 4 11 1 1 1 1 1 1 9 5 6 0 4 / 0 9 / 0 9 1 6 4 A M E R I C A N S E R V I C E S G R O U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 1 1 4 . 1 0 11 1 1 1 1 1 1 9 5 6 0 4 / 0 9 / 0 9 1 6 4 A M E R I C A N S E R V I C E S G R O U P 6 2 4 6 2 0 2 D I S H W A S H E R R E P A I R 0 . 0 0 7 4 5 . 2 2 TO T A L C H E C K 0 . 0 0 8 5 9 . 3 2 11 1 1 1 1 1 1 9 5 7 0 4 / 0 9 / 0 9 3 1 4 B A Y T E L E C O M 6 2 2 3 2 0 1 R A C K S E R V E R / I N S T A L L 0 . 0 0 4 , 7 5 0 . 6 6 11 1 1 1 1 1 1 9 5 8 0 4 / 0 9 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 L N D S C P F O O T H I L L 0 . 0 0 1 7 8 . 0 0 11 1 1 1 1 1 1 9 5 8 0 4 / 0 9 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 L N D S C P A L L E N D A L E 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 1 9 5 8 0 4 / 0 9 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 L N D S C P B E A U C H A M P S 0 . 0 0 2 3 0 . 0 0 11 1 1 1 1 1 1 9 5 8 0 4 / 0 9 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 L N D S C P R A V E N W O O D 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 1 9 5 8 0 4 / 0 9 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 L N D S C P A Z U L E 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 1 9 5 8 0 4 / 0 9 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 V I L L A G E G A R B A G E 0 . 0 0 2 2 0 . 0 0 11 1 1 1 1 1 1 9 5 8 0 4 / 0 9 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 2 7 4 5 3 0 2 L N D S C P H O R S E S H O E 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 1 9 5 8 0 4 / 0 9 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 2 4 3 5 3 0 2 L N D S C P - C A R N E L I A N 0 . 0 0 1 3 5 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 0 8 3 . 0 0 11 1 1 1 1 1 1 9 5 9 0 4 / 0 9 / 0 9 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C R E P A I R S 0 . 0 0 1 , 1 4 8 . 5 1 11 1 1 1 1 1 1 9 5 9 0 4 / 0 9 / 0 9 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C R E P A I R S 0 . 0 0 3 0 8 . 1 7 TO T A L C H E C K 0 . 0 0 1 , 4 5 6 . 6 8 11 1 1 1 1 1 1 9 6 0 0 4 / 0 9 / 0 9 5 4 3 A R B O R T E K T R E E S E R V I C E 1 1 1 5 3 0 1 L N D S C P M A I N T 0 3 / 0 9 0 . 0 0 4 3 2 . 0 0 11 1 1 1 1 1 1 9 6 0 0 4 / 0 9 / 0 9 5 4 3 A R B O R T E K T R E E S E R V I C E 1 1 1 5 3 0 1 L N D S C P M A I N T 0 3 / 0 9 0 . 0 0 1 6 2 . 0 0 TO T A L C H E C K 0 . 0 0 5 9 4 . 0 0 11 1 1 1 1 1 1 9 6 1 0 4 / 0 9 / 0 9 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 , 5 4 9 . 2 4 11 1 1 1 1 1 1 9 6 1 0 4 / 0 9 / 0 9 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 1 , 6 4 5 . 9 6 TO T A L C H E C K 0 . 0 0 4 , 1 9 5 . 2 0 11 1 1 1 1 1 1 9 6 2 0 4 / 0 9 / 0 9 2 3 5 C O M C A S T 6 2 2 3 2 0 1 I N T E R N E T 0 3 / 2 6 - 0 4 / 2 5 0 . 0 0 1 0 4 . 9 5 11 1 1 1 1 1 1 9 6 3 0 4 / 0 9 / 0 9 1 D E P A R T M E N T O F R E V E N U E 1 1 1 7 1 0 1 P R K N G C I T A T I O N 0 3 / 0 9 0 . 0 0 6 4 . 0 0 11 1 1 1 1 1 1 9 6 3 0 4 / 0 9 / 0 9 1 D E P A R T M E N T O F R E V E N U E 1 1 1 7 1 0 1 A D D ’ L C H R G 0 2 / 0 9 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 1 9 6 3 0 4 / 0 9 / 0 9 1 D E P A R T M E N T O F R E V E N U E 1 1 1 7 1 0 1 A D D ’ L C H R G 0 1 / 0 9 0 . 0 0 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 8 4 . 0 0 29 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 : 0 4 / 2 0 / 2 0 0 9 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 2 : 2 8 : 2 7 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 1 9 6 4 0 4 / 0 9 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 9 1 . 2 5 11 1 1 1 1 1 1 9 6 4 0 4 / 0 9 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 D I S C O U N T T A K E N 0 . 0 0 - 1 . 6 9 11 1 1 1 1 1 1 9 6 4 0 4 / 0 9 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 3 6 . 5 5 11 1 1 1 1 1 1 9 6 4 0 4 / 0 9 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 D I S C O U N T T A K E N 0 . 0 0 - 3 . 8 3 TO T A L C H E C K 0 . 0 0 3 2 2 . 2 8 11 1 1 1 1 1 1 9 6 5 0 4 / 0 9 / 0 9 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 T U R F S P R A Y - B A S I N W Y 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 1 9 6 5 0 4 / 0 9 / 0 9 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 F R U I T S P R A Y - B A S I N W Y 0 . 0 0 6 5 0 . 0 0 11 1 1 1 1 1 1 9 6 5 0 4 / 0 9 / 0 9 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 T U R F S P R A Y - C S P R I N G 0 . 0 0 2 , 7 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 9 5 0 . 0 0 11 1 1 1 1 1 1 9 6 6 0 4 / 0 9 / 0 9 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 S U P P L I E S - I R R I G A T I O N 0 . 0 0 1 0 9 . 5 5 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 2 1 5 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 3 7 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 A R G U E L L O 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 1 9 6 8 0 4 / 0 9 / 0 9 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 2 7 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 1 9 6 8 0 4 / 0 9 / 0 9 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 4 5 3 0 2 S U N L A N D P A R K 0 . 0 0 3 4 0 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 5 0 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 2 5 3 0 2 B E L L G R O V E 0 . 0 0 1 , 9 8 5 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 4 5 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 7 5 3 0 2 K E R W I N R A N C H 0 . 0 0 3 4 0 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 1 9 6 8 0 4 / 0 9 / 0 9 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 3 , 8 8 0 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 N O R T H C A M P U S 0 . 0 0 1 , 0 4 5 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 3 5 3 0 2 G A T E W A Y L L C 0 . 0 0 2 4 5 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 2 0 1 L N D S C P - A L O H A / H W Y 9 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 L N D S C P - G R E E N B R I A R 0 . 0 0 1 7 9 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 3 5 3 0 2 L N D S C P - L E G E N D S 0 . 0 0 3 6 3 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 L N D S C P C L E A N U P - M I L L E R 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 S Q U I R R E L H O L L O W 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 1 9 6 8 0 4 / 0 9 / 0 9 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 1 9 6 8 0 4 / 0 9 / 0 9 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 1 9 6 8 0 4 / 0 9 / 0 9 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 2 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 0 , 8 4 8 . 0 0 11 1 1 1 1 1 1 9 6 9 0 4 / 0 9 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 6 1 . 2 8 11 1 1 1 1 1 1 9 6 9 0 4 / 0 9 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 5 6 . 5 3 TO T A L C H E C K 0 . 0 0 1 1 7 . 8 1 11 1 1 1 1 1 1 9 7 0 0 4 / 0 9 / 0 9 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 T E S T - I R R I G A T I O N 0 . 0 0 1 3 6 . 0 0 11 1 1 1 1 1 1 9 7 0 0 4 / 0 9 / 0 9 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 D R A I N - H I S T O R I C A L 0 . 0 0 1 3 6 . 0 0 TO T A L C H E C K 0 . 0 0 2 7 2 . 0 0 11 1 1 1 1 1 1 9 7 1 0 4 / 0 9 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 2 7 7 5 3 0 2 S I G N S - V I L L A G E C O M M 0 . 0 0 1 9 2 . 1 4 11 1 1 1 1 1 1 9 7 1 0 4 / 0 9 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 1 9 6 . 2 0 11 1 1 1 1 1 1 9 7 1 0 4 / 0 9 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 4 5 4 . 6 5 TO T A L C H E C K 0 . 0 0 8 4 2 . 9 9 11 1 1 1 1 1 1 9 7 2 0 4 / 0 9 / 0 9 6 8 3 L I S T E N G I N E E R I N G C O M P A N Y 4 1 3 9 3 7 4 - 0 0 1 P R O F S V C 0 1 / 2 4 - 0 2 / 2 0 0 . 0 0 1 5 , 7 8 3 . 3 0 30 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 : 0 4 / 2 0 / 2 0 0 9 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 2 : 2 8 : 2 7 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 1 9 7 3 0 4 / 0 9 / 0 9 4 9 9 M I L L M A N & I N D U S T R I A L C A R 1 1 1 D E D : 3 0 0 0 D U E S 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 1 9 7 4 0 4 / 0 9 / 0 9 3 3 S K Y T E R R A 1 1 1 7 1 0 2 D I S P A T C H 0 3 / 1 4 - 0 4 / 1 3 0 . 0 0 7 2 . 4 7 11 1 1 1 1 1 1 9 7 5 0 4 / 0 9 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 3 / 1 5 - 0 3 / 2 1 0 . 0 0 2 2 8 . 0 0 11 1 1 1 1 1 1 9 7 5 0 4 / 0 9 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 3 0 / 0 8 - 0 3 / 1 4 0 . 0 0 2 2 8 . 0 0 11 1 1 1 1 1 1 9 7 5 0 4 / 0 9 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 3 / 0 1 - 0 3 / 0 7 0 . 0 0 3 0 4 . 0 0 TO T A L C H E C K 0 . 0 0 7 6 0 . 0 0 11 1 1 1 1 1 1 9 7 6 0 4 / 0 9 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 3 5 3 0 2 G A T E W A Y 0 . 0 0 1 2 9 . 9 7 11 1 1 1 1 1 1 9 7 7 0 4 / 0 9 / 0 9 6 6 9 P R O - C A L T R U C K R E P A I R 6 2 3 5 2 0 2 F O R K L I F T R E P A I R 0 . 0 0 3 5 5 . 0 2 11 1 1 1 1 1 1 9 7 8 0 4 / 0 9 / 0 9 5 6 1 R B F C O N S U L T I N G 1 1 1 4 1 0 2 G E N E R A L P L A N U P D A T E 0 . 0 0 6 , 0 6 4 . 6 1 11 1 1 1 1 1 1 9 7 9 0 4 / 0 9 / 0 9 8 2 S A N J O S E B L U E P R I N T 1 1 1 5 3 0 1 P R I N T S E L E C T R C R E P A I R 0 . 0 0 3 5 . 8 6 11 1 1 1 1 1 1 9 8 0 0 4 / 0 9 / 0 9 9 8 S A R A T O G A C H A M B E R O F C O M M 1 1 1 8 3 0 1 Q 4 / 0 9 S U P P O R T 0 . 0 0 2 0 7 . 3 5 11 1 1 1 1 1 1 9 8 1 0 4 / 0 9 / 0 9 6 9 S A S C C 1 1 1 8 3 0 1 Q 4 / 0 9 O P E R A T I O N A L 0 . 0 0 5 , 2 5 0 . 0 0 11 1 1 1 1 1 1 9 8 1 0 4 / 0 9 / 0 9 6 9 S A S C C 1 1 1 8 3 0 1 Q 4 / 0 9 S U P P L E M E N T A L 0 . 0 0 4 , 5 0 0 . 0 0 11 1 1 1 1 1 1 9 8 1 0 4 / 0 9 / 0 9 6 9 S A S C C 1 1 1 8 3 0 1 Q 4 / 0 9 C D B G S U P P O R T 0 . 0 0 8 , 1 8 3 . 0 0 11 1 1 1 1 1 1 9 8 1 0 4 / 0 9 / 0 9 6 9 S A S C C 1 1 1 8 3 0 1 0 4 / 0 9 C I T Y S U P P O R T 0 . 0 0 3 1 7 . 0 0 TO T A L C H E C K 0 . 0 0 1 8 , 2 5 0 . 0 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 I T Y A T T N - F E D E X 0 . 0 0 7 . 8 8 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 I T Y A T T N - R E S E A R C H 0 . 0 0 6 . 4 8 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 I T Y A T T N - P W 0 . 0 0 3 , 5 5 2 . 0 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 I T Y A T T N - C D 0 . 0 0 2 , 9 9 5 . 2 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 I T Y A T T N - G C 0 . 0 0 1 , 7 8 5 . 6 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 I T Y A T T N - C C 0 . 0 0 1 , 2 0 9 . 6 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 I T Y A T T N - L I T I G A T I O N 0 . 0 0 9 6 . 0 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 I T Y A T T N - C C L R K 0 . 0 0 1 , 8 0 4 . 8 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 I T Y A T T N - P L A N C O M M 0 . 0 0 7 4 8 . 8 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 4 1 0 2 C I T Y A T T N - A D V P L A N 0 . 0 0 5 , 0 8 8 . 0 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 N L L G L - R E S E A R C H 0 . 0 0 3 . 4 8 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 N L L G L - A D M I N S V C 0 . 0 0 7 5 . 4 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 N L L G L - P W 0 . 0 0 2 , 9 0 9 . 7 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 N L L G L - C D 0 . 0 0 2 , 3 8 5 . 7 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 N L L G L - G C 0 . 0 0 7 5 . 4 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 N L L G L - C C 0 . 0 0 1 , 5 1 5 . 0 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 N L L G L - L I T I G A T I O N 0 . 0 0 2 0 . 2 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 N L L G L - C M G R / C L R K 0 . 0 0 6 6 6 . 6 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 N L L G L - P L A N C O M M 0 . 0 0 5 4 5 . 4 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 4 1 0 2 G N L L G L - A D V P L A N 0 . 0 0 3 , 1 6 3 . 7 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 O D E E N F - L I T I G A T I O N 0 . 0 0 1 , 9 9 6 . 2 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 O C - L I T I G A T I O N 0 . 0 0 8 5 9 . 0 4 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 1 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 1 , 6 4 5 . 3 6 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 1 1 9 1 4 2 - 0 0 3 E N V I R O M E N T A L C O N S U L T 0 . 0 0 3 6 5 . 6 0 11 1 1 1 1 1 1 9 8 3 0 4 / 0 9 / 0 9 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 R E I M B W O R K - W A R D E L L 0 . 0 0 1 3 . 0 2 TO T A L C H E C K 0 . 0 0 3 3 , 5 3 4 . 1 6 31 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 : 0 4 / 2 0 / 2 0 0 9 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 2 : 2 8 : 2 7 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 1 9 8 4 0 4 / 0 9 / 0 9 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 S U P P L I E S - P A R K S 0 . 0 0 3 9 0 . 2 2 11 1 1 1 1 1 1 9 8 4 0 4 / 0 9 / 0 9 1 6 0 S I E R R A P A C I F I C T U R F S U P P 4 1 2 9 2 5 3 - 0 0 1 F E R T I L I Z E R / W E E D C T R L 0 . 0 0 4 2 5 . 3 2 11 1 1 1 1 1 1 9 8 4 0 4 / 0 9 / 0 9 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 S U P P L I E S - P A R K S 0 . 0 0 3 0 3 . 1 0 TO T A L C H E C K 0 . 0 0 1 , 1 1 8 . 6 4 11 1 1 1 1 1 1 9 8 5 0 4 / 0 9 / 0 9 3 4 7 T O M A R K S P O R T S 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 7 8 . 9 0 11 1 1 1 1 1 1 9 8 6 0 4 / 0 9 / 0 9 5 4 9 T U R F S T A R , I N C 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 2 8 . 2 7 11 1 1 1 1 1 1 9 8 6 0 4 / 0 9 / 0 9 5 4 9 T U R F S T A R , I N C 1 1 1 5 3 0 1 S U P P L I E S - P A R K 0 . 0 0 6 9 . 8 7 TO T A L C H E C K 0 . 0 0 9 8 . 1 4 11 1 1 1 1 1 1 9 8 7 0 4 / 0 9 / 0 9 3 8 9 U S A V E R O C K E R Y 4 1 1 9 1 1 1 - 0 0 1 C R U S H E D R O C K 0 . 0 0 9 3 . 1 0 11 1 1 1 1 1 1 9 8 7 0 4 / 0 9 / 0 9 3 8 9 U S A V E R O C K E R Y 4 1 1 9 1 1 1 - 0 0 1 D I S C O U N T T A K E N 0 . 0 0 - 4 . 6 5 TO T A L C H E C K 0 . 0 0 8 8 . 4 5 11 1 1 1 1 1 1 9 8 8 0 4 / 0 9 / 0 9 3 7 7 U N I T E D S I T E S E R V I C E S O F 4 1 2 9 2 3 7 - 0 0 1 F E N C I N G - K M O R A N 0 . 0 0 2 9 8 . 9 8 11 1 1 1 1 1 1 9 8 9 0 4 / 0 9 / 0 9 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S T R E E T S W P S V C 0 3 / 0 9 0 . 0 0 9 0 0 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 8 4 . 2 2 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 D O O R R E P A I R - S H E D 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y E E R E C O G N I T I O N 0 . 0 0 2 5 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y E E R E C O G N I T I O N 0 . 0 0 5 0 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 6 . 4 5 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 0 6 . 0 9 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C C O U N C I L M T G S 0 . 0 0 1 9 5 . 7 3 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C U P S T U D Y S E S S I O N 0 . 0 0 1 1 4 . 8 3 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 2 . 9 6 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 3 8 . 5 2 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 R E C R E A T I O N M T G 0 . 0 0 3 3 . 8 1 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 H R M T G 0 . 0 0 2 6 . 3 8 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 S T R E S S M G M T M T G 0 . 0 0 1 4 0 . 8 2 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y E E R E C O G N I T I O N 0 . 0 0 1 8 4 . 6 3 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S I N C E N T I V E S 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 1 A U T O C A D R E N E W A L 0 . 0 0 4 0 1 . 0 9 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 4 1 1 9 1 1 1 - 0 0 1 M A I L I N G - C I P S P E C S 0 . 0 0 1 6 4 . 1 5 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 2 O F F I C E S U P P L I E S 0 . 0 0 1 3 0 . 8 8 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 2 2 . 1 3 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 T R A I N I N G C L A S S 0 2 / 2 4 0 . 0 0 1 9 5 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 1 7 . 1 8 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 7 . 3 8 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 0 . 0 0 7 1 . 3 6 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 S E R V E R S U P P L I E S 0 . 0 0 4 0 9 . 6 5 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 A B A G C O N F E R E N C E 0 . 0 0 3 0 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S U P P L I E S - R E T R E A T 0 . 0 0 7 5 . 7 4 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y E E R E C O G N I T I O N 0 . 0 0 2 5 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 P R I O R I T Y M A I L I N G 0 . 0 0 6 . 5 4 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 S T A F F M T G W / M A Y O R 0 . 0 0 5 5 . 7 5 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C C O U N C I L M T G 0 . 0 0 1 3 . 2 7 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 S T A F F M T G W / M A Y O R 0 . 0 0 4 1 . 7 5 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 S T A F F M T G W / M A Y O R 0 . 0 0 3 1 . 9 0 32 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 : 0 4 / 2 0 / 2 0 0 9 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 2 : 2 8 : 2 7 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 S T A F F M T G W / M A Y O R 0 . 0 0 7 . 5 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 C C O U N C I L M T G 0 . 0 0 1 4 1 . 4 1 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 2 8 . 4 6 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S R T R I P T I C K E T S 0 . 0 0 1 , 0 4 9 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S R T R I P T R E A T S 0 . 0 0 2 6 . 8 8 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 N E W E M P L O Y E E M T G 0 . 0 0 2 0 . 1 3 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S R G R O U P T R I P 3 / 1 2 0 . 0 0 1 , 2 2 6 . 4 9 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S R T R I P 0 9 / 0 9 0 . 0 0 1 3 6 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S A F E T Y C O M M M T G 0 . 0 0 1 1 . 5 7 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M T G W / C A P T C A L D E R O N E 0 . 0 0 1 3 . 7 9 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M T G W I T H C O U N C I L 0 . 0 0 3 2 . 0 6 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 1 0 . 8 1 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 4 1 1 9 1 1 1 - 0 0 1 I N F R A R E D T H E M O M E T E R 0 . 0 0 2 5 0 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 C E L L P H O N E H O L D E R S 0 . 0 0 4 0 . 5 6 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 C R E W M E A L 0 . 0 0 4 5 . 7 2 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 2 7 . 0 5 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 4 1 2 9 2 5 2 - 0 0 1 P A R K B E N C H A N C H O R S 0 . 0 0 3 0 2 . 4 6 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 L E R N S E M I N A R 3 / 2 6 0 . 0 0 1 9 8 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 2 S U P P L I E S - Y C R E T R E A T 0 . 0 0 3 2 . 5 4 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 M T H L Y E M A I L C A M P A I G N 0 . 0 0 6 5 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C A N C E L L E D L E R N C O N F 0 . 0 0 - 9 9 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C A N C E L L E D L E R N C O N F 0 . 0 0 - 9 9 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 2 P C S T U D Y S E S S I O N 0 . 0 0 1 0 6 . 6 1 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 P R O G R E S S I V E C O N F 0 . 0 0 1 9 9 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 2 P C S T U D Y S E S S I O N 0 . 0 0 1 1 . 0 9 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 P R I O R I T Y M A I L 0 . 0 0 4 . 9 5 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 S T A M P S 0 . 0 0 1 1 . 7 6 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 2 P C S T U D Y S E S S I O N 0 . 0 0 1 1 . 9 7 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 2 P C S T U D Y S E S S I O N 0 . 0 0 2 2 6 . 5 1 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 P A R T S & T O O L S 0 . 0 0 2 5 4 . 2 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T E S 0 . 0 0 4 8 . 6 6 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 7 5 . 6 8 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y E E R E C O G N I T I O N 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M M A N C D U E S - B A R B A R A 0 . 0 0 6 5 . 0 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 T R A V E L - L C C M T G 0 . 0 0 1 3 9 . 2 0 11 1 1 1 1 1 1 9 9 2 0 4 / 0 9 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 0 . 0 0 3 8 1 . 7 8 TO T A L C H E C K 0 . 0 0 8 , 8 0 2 . 0 5 11 1 1 1 1 1 1 9 9 3 0 4 / 0 9 / 0 9 4 0 2 V I S T A L A N D S C A P E & M A I N T E 1 1 1 5 2 0 1 T R E E R E M O V A L - O A K S T 0 . 0 0 2 , 4 4 0 . 0 0 11 1 1 1 1 1 1 9 9 3 0 4 / 0 9 / 0 9 4 0 2 V I S T A L A N D S C A P E & M A I N T E 1 1 1 5 2 0 1 C L E A N U P - B A I N T E R A V E 0 . 0 0 1 , 0 8 0 . 0 0 11 1 1 1 1 1 1 9 9 3 0 4 / 0 9 / 0 9 4 0 2 V I S T A L A N D S C A P E & M A I N T E 1 1 1 5 2 0 1 T R E E R E M O V A L 0 . 0 0 1 , 3 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 8 7 0 . 0 0 11 1 1 1 1 1 1 9 9 4 0 4 / 0 9 / 0 9 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 M T H L Y S V C 0 3 / 0 9 0 . 0 0 6 9 5 . 0 0 11 1 1 1 1 1 1 9 9 5 0 4 / 0 9 / 0 9 4 3 2 W E S T V A L L E Y C O L L E C T I O N S 1 1 1 5 3 0 1 B I N S - C S P R I N G S 0 3 / 0 9 0 . 0 0 2 6 5 . 1 7 11 1 1 1 1 1 1 9 9 6 0 4 / 0 9 / 0 9 5 1 0 W E S T V A L L E Y C O M M U N I T Y S E 1 1 1 8 3 0 1 Q 4 / 0 9 S U P P O R T 0 . 0 0 3 , 7 9 1 . 0 0 11 1 1 1 1 1 1 9 9 7 0 4 / 0 9 / 0 9 4 4 6 Z A P M A N U F A C T U R I N G , I N C 4 1 1 9 1 1 1 - 0 0 2 R E F A C E S I G N S 0 . 0 0 2 , 4 9 9 . 2 8 11 1 1 1 1 1 1 9 9 8 0 4 / 0 9 / 0 9 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 6 1 0 1 M E D I C A L S U P P L I E S 0 . 0 0 4 9 . 8 0 33 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 : 0 4 / 2 0 / 2 0 0 9 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 2 : 2 8 : 2 7 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 A S H A C C O U N T 0 . 0 0 1 3 1 , 1 0 5 . 7 3 TO T A L F U N D 0 . 0 0 1 3 1 , 1 0 5 . 7 3 TO T A L R E P O R T 0 . 0 0 1 3 1 , 1 0 5 . 7 3 34 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 : 0 4 / 2 0 / 2 0 0 9 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 2 : 3 1 : 1 1 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 1 9 9 9 0 4 / 1 6 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 X E R O X M A C H I N E 0 . 0 0 1 4 . 1 5 11 1 1 1 1 1 1 9 9 9 0 4 / 1 6 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 B U S I N E S S L I N E 0 . 0 0 3 9 . 7 2 11 1 1 1 1 1 1 9 9 9 0 4 / 1 6 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 B O O K - G O - R O U N D 0 . 0 0 2 9 . 5 3 11 1 1 1 1 1 1 9 9 9 0 4 / 1 6 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E M P E M E R G E N C Y L I N E 0 . 0 0 1 4 . 1 5 11 1 1 1 1 1 1 9 9 9 0 4 / 1 6 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 E L Q U I T O I R R I G A T I O N 0 . 0 0 1 5 . 1 4 11 1 1 1 1 1 1 9 9 9 0 4 / 1 6 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 P H O N E L I N E S & P A R K S 0 . 0 0 1 5 . 9 5 11 1 1 1 1 1 1 9 9 9 0 4 / 1 6 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 C O N G R E S S S P R I N G S 0 . 0 0 3 0 . 6 0 11 1 1 1 1 1 1 9 9 9 0 4 / 1 6 / 0 9 2 3 4 A T & T 1 1 1 8 1 0 1 A M 1 6 1 0 R A D I O 0 . 0 0 1 5 . 4 4 11 1 1 1 1 1 1 9 9 9 0 4 / 1 6 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E M E R G E N C Y L I N E - C M 0 . 0 0 1 5 . 4 4 TO T A L C H E C K 0 . 0 0 1 9 0 . 1 2 11 1 1 1 1 1 2 0 0 0 0 4 / 1 6 / 0 9 2 7 A B A G P L A N C O R P O R A T I O N 6 1 2 8 5 0 1 D E P O S I T P R E M Q 4 0 8 / 0 9 0 . 0 0 4 2 , 4 4 5 . 0 2 11 1 1 1 1 1 2 0 0 1 0 4 / 1 6 / 0 9 5 0 0 A B R A M S , I S A A C 1 1 1 P R O J D E P R E F U N D 0 . 0 0 2 , 1 0 0 . 0 0 11 1 1 1 1 1 2 0 0 2 0 4 / 1 6 / 0 9 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 S U P P L I E S - J A N I T O R I A L 0 . 0 0 8 2 . 5 3 11 1 1 1 1 1 2 0 0 3 0 4 / 1 6 / 0 9 9 5 C A L - W E S T L I G H T I N G & S I G N 4 1 1 9 1 2 1 - 0 0 2 I N S T A L L S P E E D S I G N S 0 . 0 0 9 , 6 0 0 . 0 0 11 1 1 1 1 1 2 0 0 4 0 4 / 1 6 / 0 9 1 0 3 C A P I T O L B A R R I C A D E , I N C 4 1 1 9 1 1 1 - 0 0 2 S I G N S U P P L I E S 0 . 0 0 2 , 4 4 6 . 8 6 11 1 1 1 1 1 2 0 0 5 0 4 / 1 6 / 0 9 6 9 2 C B S C 1 1 1 4 2 0 1 Q 1 / 0 9 C B S C F E E S 0 . 0 0 1 9 8 . 0 0 11 1 1 1 1 1 2 0 0 6 0 4 / 1 6 / 0 9 5 4 3 A R B O R T E K T R E E S E R V I C E 1 1 1 5 3 0 1 T R E E M A I N T - G A R D I N E R 0 . 0 0 1 , 4 9 5 . 0 0 11 1 1 1 1 1 2 0 0 7 0 4 / 1 6 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O 0 9 - 0 0 0 3 0 . 0 0 1 , 4 3 2 . 2 0 11 1 1 1 1 1 2 0 0 7 0 4 / 1 6 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O 0 8 - 0 0 1 5 0 . 0 0 9 9 0 . 0 0 11 1 1 1 1 1 2 0 0 7 0 4 / 1 6 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O 0 8 - 0 0 2 2 0 . 0 0 2 , 2 6 9 . 7 0 TO T A L C H E C K 0 . 0 0 4 , 6 9 1 . 9 0 11 1 1 1 1 1 2 0 0 8 0 4 / 1 6 / 0 9 5 0 0 C U R T I S , J A S O N 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 0 0 9 0 4 / 1 6 / 0 9 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 Q 1 S M I P F E E S 0 . 0 0 1 , 4 6 0 . 5 4 11 1 1 1 1 1 2 0 1 0 0 4 / 1 6 / 0 9 5 7 3 S T A T E O F C A L I F O R N I A 1 1 1 5 2 0 1 S I G N A L / L I G H T 0 2 / 0 9 0 . 0 0 6 4 5 . 3 7 11 1 1 1 1 1 2 0 1 1 0 4 / 1 6 / 0 9 6 2 0 D R A K E W E L D I N G I N C 1 1 1 5 2 0 1 S T O R M D R A I N R E P A I R 0 . 0 0 5 2 5 . 0 0 11 1 1 1 1 1 2 0 1 1 0 4 / 1 6 / 0 9 6 2 0 D R A K E W E L D I N G I N C 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 3 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 8 2 5 . 0 0 11 1 1 1 1 1 2 0 1 2 0 4 / 1 6 / 0 9 3 7 0 E C O N O M Y L U M B E R 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 5 4 . 5 6 11 1 1 1 1 1 2 0 1 3 0 4 / 1 6 / 0 9 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 0 . 0 0 8 1 . 9 0 11 1 1 1 1 1 2 0 1 4 0 4 / 1 6 / 0 9 5 0 0 E N G , T H E R E S A 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 1 2 8 . 0 0 11 1 1 1 1 1 2 0 1 5 0 4 / 1 6 / 0 9 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 W E E D C N T R L - T R A I L S 0 . 0 0 4 , 2 0 0 . 0 0 11 1 1 1 1 1 2 0 1 6 0 4 / 1 6 / 0 9 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 I R R I G A T I O N H E A D S 0 . 0 0 9 8 . 3 7 11 1 1 1 1 1 2 0 1 7 0 4 / 1 6 / 0 9 5 0 0 F O O T H I L L S C H O O L P T A 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 5 0 0 . 0 0 35 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 : 0 4 / 2 0 / 2 0 0 9 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 2 : 3 1 : 1 1 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 2 0 1 8 0 4 / 1 6 / 0 9 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 2 0 1 L N D S C P A L O H A / H W Y 9 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 2 0 1 9 0 4 / 1 6 / 0 9 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 0 . 0 0 - 2 7 6 . 5 0 11 1 1 1 1 1 2 0 1 9 0 4 / 1 6 / 0 9 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 0 . 0 0 - 2 , 5 4 2 . 8 0 11 1 1 1 1 1 2 0 1 9 0 4 / 1 6 / 0 9 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 0 . 0 0 - 1 5 8 . 0 0 11 1 1 1 1 1 2 0 1 9 0 4 / 1 6 / 0 9 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 C O N C R E T E R E P A I R 0 . 0 0 2 7 , 0 0 7 . 9 5 11 1 1 1 1 1 2 0 1 9 0 4 / 1 6 / 0 9 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 4 1 - 0 0 1 C O N C R E T E R E P A I R 0 . 0 0 2 , 7 6 5 . 0 0 TO T A L C H E C K 0 . 0 0 2 6 , 7 9 5 . 6 5 11 1 1 1 1 1 2 0 2 0 0 4 / 1 6 / 0 9 4 7 8 H A W K I N S T R A F F I C S A F E T Y 4 1 1 9 1 1 1 - 0 0 2 S U P P L I E S - S I G N S 0 . 0 0 6 6 4 . 8 9 11 1 1 1 1 1 2 0 2 1 0 4 / 1 6 / 0 9 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 B A C K F L O W - P A L O O A K 0 . 0 0 1 0 2 . 0 0 11 1 1 1 1 1 2 0 2 1 0 4 / 1 6 / 0 9 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 B A C K F L O W - B R O O K G L N 0 . 0 0 1 , 6 8 3 . 3 0 11 1 1 1 1 1 2 0 2 1 0 4 / 1 6 / 0 9 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 L E A K S - P R E S C H O O L 0 . 0 0 6 8 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 8 5 3 . 3 0 11 1 1 1 1 1 2 0 2 2 0 4 / 1 6 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E M A I N T - S A R A R D 0 . 0 0 1 , 6 7 5 . 0 0 11 1 1 1 1 1 2 0 2 2 0 4 / 1 6 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E M A I N T - K E R W I N 0 . 0 0 5 7 5 . 0 0 11 1 1 1 1 1 2 0 2 2 0 4 / 1 6 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E M A I N T - P K N G 3 0 . 0 0 7 4 0 . 0 0 11 1 1 1 1 1 2 0 2 2 0 4 / 1 6 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E M A I N T - P R E S C H O O L 0 . 0 0 3 4 0 . 0 0 11 1 1 1 1 1 2 0 2 2 0 4 / 1 6 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E M A I N T - W O R D E N 0 . 0 0 2 , 4 8 0 . 0 0 TO T A L C H E C K 0 . 0 0 5 , 8 1 0 . 0 0 11 1 1 1 1 1 2 0 2 3 0 4 / 1 6 / 0 9 1 9 9 J E N S E N , P A U L 4 3 1 9 2 7 4 - 0 0 1 J O E ’ S T R A I L P R O J E C T 0 . 0 0 3 , 4 8 5 . 0 0 11 1 1 1 1 1 2 0 2 4 0 4 / 1 6 / 0 9 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 2 2 0 . 5 0 11 1 1 1 1 1 2 0 2 4 0 4 / 1 6 / 0 9 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 1 8 9 . 0 0 11 1 1 1 1 1 2 0 2 4 0 4 / 1 6 / 0 9 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 1 2 6 . 0 0 11 1 1 1 1 1 2 0 2 4 0 4 / 1 6 / 0 9 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 2 5 2 . 0 0 11 1 1 1 1 1 2 0 2 4 0 4 / 1 6 / 0 9 1 1 8 J U S T F O R K I C K S 1 1 1 6 1 0 1 I N S T R U C T O R - S O C C E R 0 . 0 0 5 3 5 . 5 0 TO T A L C H E C K 0 . 0 0 1 , 3 2 3 . 0 0 11 1 1 1 1 1 2 0 2 5 0 4 / 1 6 / 0 9 5 0 0 L A M , P A T R I C K 1 1 1 P R O J D E P R E F U N D 0 . 0 0 3 1 . 9 0 11 1 1 1 1 1 2 0 2 6 0 4 / 1 6 / 0 9 5 0 0 L E N N O N , R O W E N A 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 6 9 . 0 0 11 1 1 1 1 1 2 0 2 7 0 4 / 1 6 / 0 9 6 8 3 L I S T E N G I N E E R I N G C O M P A N Y 4 1 3 9 3 7 4 - 0 0 1 S A R A L I B R A R Y H V A C 0 . 0 0 7 , 8 7 5 . 0 0 11 1 1 1 1 1 2 0 2 8 0 4 / 1 6 / 0 9 5 0 6 M C C O R M I C K , C Y N T H I A 1 1 1 4 1 0 1 S C A P P O M T G 0 4 / 0 1 / 0 9 0 . 0 0 3 0 . 0 0 11 1 1 1 1 1 2 0 2 9 0 4 / 1 6 / 0 9 5 0 M O O R E , K A R E N 1 1 1 6 1 0 1 I N S T R U C T O R - C O O K I N G 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 2 0 3 0 0 4 / 1 6 / 0 9 5 0 0 M O R O Y A N , V E R A 1 1 1 P A R T I A L D E P R E F U N D 0 . 0 0 2 4 0 . 0 0 11 1 1 1 1 1 2 0 3 1 0 4 / 1 6 / 0 9 7 9 M U N I S E R V I C E S L L C 1 1 1 3 1 0 1 L T C S V C - P E 3 / 3 1 / 0 9 0 . 0 0 2 , 9 2 9 . 2 8 11 1 1 1 1 1 2 0 3 2 0 4 / 1 6 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 0 . 5 8 11 1 1 1 1 1 2 0 3 2 0 4 / 1 6 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 0 . 5 8 11 1 1 1 1 1 2 0 3 2 0 4 / 1 6 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 9 6 . 8 9 11 1 1 1 1 1 2 0 3 2 0 4 / 1 6 / 0 9 1 4 5 O F F I C E D E P O T I N C . 6 2 1 3 1 0 2 O F F I C E S U P P L I E S 0 . 0 0 6 2 5 . 7 8 11 1 1 1 1 1 2 0 3 2 0 4 / 1 6 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 7 7 . 9 4 11 1 1 1 1 1 2 0 3 2 0 4 / 1 6 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 1 . 8 9 36 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 : 0 4 / 2 0 / 2 0 0 9 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 2 : 3 1 : 1 1 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 8 7 3 . 6 6 11 1 1 1 1 1 2 0 3 3 0 4 / 1 6 / 0 9 5 0 0 O L I V E R I , H E I D I 1 1 1 P A R T I A L D E P R E F U N D 0 . 0 0 1 4 4 . 7 5 11 1 1 1 1 1 2 0 3 4 0 4 / 1 6 / 0 9 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 S U P P L I E S - P A R K S 0 . 0 0 5 9 2 . 2 1 11 1 1 1 1 1 2 0 3 4 0 4 / 1 6 / 0 9 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 U P P L I E S - S T R E E T S 0 . 0 0 3 7 4 . 2 6 TO T A L C H E C K 0 . 0 0 9 6 6 . 4 7 11 1 1 1 1 1 2 0 3 5 0 4 / 1 6 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S V E H I C L E 0 . 0 0 4 9 . 6 2 11 1 1 1 1 1 2 0 3 5 0 4 / 1 6 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P U B L I C L I B R A R Y 0 . 0 0 1 4 . 6 3 11 1 1 1 1 1 2 0 3 5 0 4 / 1 6 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P U B L I C L I B R A R Y 0 . 0 0 1 3 . 3 1 TO T A L C H E C K 0 . 0 0 7 7 . 5 6 11 1 1 1 1 1 2 0 3 6 0 4 / 1 6 / 0 9 2 1 4 P E T T Y C A S H - R E C R E A T I O N 1 1 1 6 1 0 1 P O S T A G E S T A M P S 0 . 0 0 5 8 . 9 0 11 1 1 1 1 1 2 0 3 7 0 4 / 1 6 / 0 9 6 6 9 P R O - C A L T R U C K R E P A I R 6 2 3 5 2 0 2 R E P A I R S - V E H # 1 1 1 0 . 0 0 1 , 4 3 5 . 7 5 11 1 1 1 1 1 2 0 3 7 0 4 / 1 6 / 0 9 6 6 9 P R O - C A L T R U C K R E P A I R 6 2 3 5 2 0 2 R E P A I R S - V E H # 1 0 5 0 . 0 0 1 , 4 3 5 . 7 5 TO T A L C H E C K 0 . 0 0 2 , 8 7 1 . 5 0 11 1 1 1 1 1 2 0 3 8 0 4 / 1 6 / 0 9 6 2 9 Q U A L I T Y S T R I P I N G , I N C 4 1 1 9 1 1 1 - 0 0 2 C I T Y W I D E S T R I P I N G 0 . 0 0 2 4 , 2 5 7 . 0 0 11 1 1 1 1 1 2 0 3 9 0 4 / 1 6 / 0 9 6 8 9 R A D E R , D A V I D S 6 1 2 8 5 0 1 L N D S C P S V C - T R A I L 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 2 0 4 0 0 4 / 1 6 / 0 9 3 9 3 R E E D & G R A H A M , I N C 4 1 1 9 1 1 1 - 0 0 1 A S P H A L T - S T R E E T S 0 . 0 0 1 3 6 . 8 1 11 1 1 1 1 1 2 0 4 0 0 4 / 1 6 / 0 9 3 9 3 R E E D & G R A H A M , I N C 4 1 1 9 1 1 1 - 0 0 1 A S P H A L T 0 . 0 0 2 7 3 . 8 2 TO T A L C H E C K 0 . 0 0 4 1 0 . 6 3 11 1 1 1 1 1 2 0 4 1 0 4 / 1 6 / 0 9 8 2 S A N J O S E B L U E P R I N T 1 1 1 5 3 0 1 E L E C T R I C A L P R I N T S 0 . 0 0 7 9 . 2 7 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 5 8 0 . 8 5 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 5 5 3 0 2 F R E D E R I C K S B U R G 0 . 0 0 3 0 . 9 0 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 6 5 3 0 2 G R E E N B R I A R 0 . 0 0 1 6 3 . 0 1 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 2 2 0 . 2 8 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 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 4 1 . 6 3 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 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 5 1 . 4 1 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 8 5 3 0 2 L E U T A R C T 0 . 0 0 5 1 . 4 1 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 2 5 3 0 2 B O N N E T W A Y 0 . 0 0 1 3 3 . 7 2 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 1 5 4 . 1 0 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 2 5 3 0 2 B E L L G R O V E 0 . 0 0 8 1 4 . 6 8 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 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 1 4 3 . 3 8 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 3 5 3 0 2 G A T E W A Y P R O J E C T 0 . 0 0 2 0 6 . 3 5 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 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 4 8 1 . 2 1 11 1 1 1 1 1 2 0 4 2 0 4 / 1 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 2 , 5 3 7 . 0 7 TO T A L C H E C K 0 . 0 0 5 , 6 1 0 . 0 0 11 1 1 1 1 1 2 0 4 3 0 4 / 1 6 / 0 9 6 1 7 S A N T A C L A R A C I T I E S A S S O C 1 1 1 2 1 0 1 A N N U A L M T G S - 3 0 . 0 0 8 4 . 0 0 11 1 1 1 1 1 2 0 4 4 0 4 / 1 6 / 0 9 1 5 0 S H I N N C O R I N N E A 1 1 1 4 1 0 1 P L A N N I N G M T G 0 4 / 0 8 / 0 9 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 2 0 4 5 0 4 / 1 6 / 0 9 1 6 0 S I E R R A P A C I F I C T U R F S U P P 4 1 2 9 2 5 3 - 0 0 1 W E E D P R E - E M E R G E N T 0 . 0 0 8 2 2 . 7 0 11 1 1 1 1 1 2 0 4 5 0 4 / 1 6 / 0 9 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 S U P P L I E S - P A R K S 0 . 0 0 4 8 1 . 1 8 TO T A L C H E C K 0 . 0 0 1 , 3 0 3 . 8 8 37 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 : 0 4 / 2 0 / 2 0 0 9 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 2 : 3 1 : 1 1 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 2 0 4 6 0 4 / 1 6 / 0 9 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 O A K S T L I G H T R E P A I R S 0 . 0 0 4 9 8 . 7 2 11 1 1 1 1 1 2 0 4 7 0 4 / 1 6 / 0 9 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 2 0 8 / 9 0 . 0 0 7 . 9 6 11 1 1 1 1 1 2 0 4 8 0 4 / 1 6 / 0 9 2 5 3 S T E V E B E N Z I N G A R C H I T E C T 4 1 3 9 3 5 1 - 0 0 1 R E V I S I O N S T O K I T C H E N A 0 . 0 0 1 2 5 . 0 0 11 1 1 1 1 1 2 0 4 9 0 4 / 1 6 / 0 9 2 7 7 T A K ’ S E Q U I P M E N T 6 2 3 5 2 0 2 M O W E R R E P A I R 0 . 0 0 3 3 6 . 0 7 11 1 1 1 1 1 2 0 5 0 0 4 / 1 6 / 0 9 6 9 0 T C S A 1 1 1 5 2 0 1 T R A N C O N 0 9 - T O N Y 0 . 0 0 2 9 5 . 0 0 11 1 1 1 1 1 2 0 5 0 0 4 / 1 6 / 0 9 6 9 0 T C S A 1 1 1 5 2 0 1 R E N E W A L C L A S S - T O N Y 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 2 0 5 0 0 4 / 1 6 / 0 9 6 9 0 T C S A 1 1 1 5 2 0 1 T R A N C O N 0 9 - M C L E A N 0 . 0 0 2 9 5 . 0 0 11 1 1 1 1 1 2 0 5 0 0 4 / 1 6 / 0 9 6 9 0 T C S A 1 1 1 5 2 0 1 R E N E W A L C L A S S - M C L E A N 0 . 0 0 2 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 9 9 0 . 0 0 11 1 1 1 1 1 2 0 5 1 0 4 / 1 6 / 0 9 3 3 6 T L C A D M I N I S T R A T O R S 1 1 1 2 3 0 1 M T H L Y S V C F E E 0 4 / 0 9 0 . 0 0 1 0 . 5 0 11 1 1 1 1 1 2 0 5 1 0 4 / 1 6 / 0 9 3 3 6 T L C A D M I N I S T R A T O R S 1 1 1 2 3 0 1 M T H L Y 1 2 5 F E E S 0 4 / 0 9 0 . 0 0 1 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 8 5 . 5 0 11 1 1 1 1 1 2 0 5 2 0 4 / 1 6 / 0 9 3 8 9 U S A V E R O C K E R Y 4 1 1 9 1 1 1 - 0 0 1 C R U S H E D R O C K 0 . 0 0 1 3 9 . 6 4 11 1 1 1 1 1 2 0 5 2 0 4 / 1 6 / 0 9 3 8 9 U S A V E R O C K E R Y 4 1 1 9 1 1 1 - 0 0 1 R E D L A V A 0 . 0 0 1 5 3 . 7 2 TO T A L C H E C K 0 . 0 0 2 9 3 . 3 6 11 1 1 1 1 1 2 0 5 3 0 4 / 1 6 / 0 9 6 4 9 U N I V E R S A L S P E C I A L T I E S I N 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 0 3 . 9 0 11 1 1 1 1 1 2 0 5 4 0 4 / 1 6 / 0 9 3 9 6 U S P O S T M A S T E R S 1 1 1 6 1 0 1 S U M M E R ’ 0 9 G U I D E 0 . 0 0 2 , 0 0 0 . 0 0 11 1 1 1 1 1 2 0 5 4 0 4 / 1 6 / 0 9 3 9 6 U S P O S T M A S T E R S 1 1 1 8 1 0 1 P O S T A G E - S A R A T O G A N 0 . 0 0 1 , 7 8 0 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 7 8 0 . 0 0 11 1 1 1 1 1 2 0 5 5 0 4 / 1 6 / 0 9 4 0 2 V I S T A L A N D S C A P E & M A I N T E 1 1 1 5 3 0 1 L N D S C P - R I D G E T R A I L 0 . 0 0 3 8 0 . 0 0 11 1 1 1 1 1 2 0 5 5 0 4 / 1 6 / 0 9 4 0 2 V I S T A L A N D S C A P E & M A I N T E 1 1 1 5 3 0 1 P A R K E R R N C H T R A I L 0 . 0 0 1 , 0 3 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 4 1 5 . 0 0 11 1 1 1 1 1 2 0 5 6 0 4 / 1 6 / 0 9 4 2 5 W E S C O G R A P H I C S , I N C 1 1 1 8 1 0 1 P R I N T I N G - S A R A T O G A N 0 . 0 0 2 , 9 0 7 . 6 1 TO T A L C A S H A C C O U N T 0 . 0 0 1 7 1 , 0 8 0 . 9 3 TO T A L F U N D 0 . 0 0 1 7 1 , 0 8 0 . 9 3 TO T A L R E P O R T 0 . 0 0 1 7 1 , 0 8 0 . 9 3 38 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 : 0 4 / 2 4 / 2 0 0 9 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 1 : 3 3 : 5 8 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 2 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 2 0 5 7 0 4 / 2 3 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 S U P E R T R U N K 0 . 0 0 5 2 7 . 2 1 11 1 1 1 1 1 2 0 5 7 0 4 / 2 3 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 E L Q U I T O I R R I G A T I O N 0 . 0 0 1 5 . 4 4 11 1 1 1 1 1 2 0 5 7 0 4 / 2 3 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 E L Q U I T O I R R I G A T I O N 0 . 0 0 2 7 . 4 4 TO T A L C H E C K 0 . 0 0 5 7 0 . 0 9 11 1 1 1 1 1 2 0 5 8 0 4 / 2 3 / 0 9 5 4 6 A B A G P O W E R P U R C H A S I N G 6 2 4 6 2 0 2 M T H L Y G A S S V C 0 3 / 0 9 0 . 0 0 1 , 2 6 0 . 2 3 11 1 1 1 1 1 2 0 5 9 0 4 / 2 3 / 0 9 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 S U P P L I E S - J A N I T O R I A L 0 . 0 0 5 6 6 . 3 3 11 1 1 1 1 1 2 0 5 9 0 4 / 2 3 / 0 9 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 S U P P L I E S - J A N I T O R I A L 0 . 0 0 2 3 7 . 9 6 TO T A L C H E C K 0 . 0 0 8 0 4 . 2 9 11 1 1 1 1 1 2 0 6 0 0 4 / 2 3 / 0 9 1 9 7 A R R O W H E A D M O U N T A I N S P R I N 6 2 4 6 2 0 2 M T H L Y S V C 0 4 / 0 9 0 . 0 0 1 2 9 . 8 7 11 1 1 1 1 1 2 0 6 1 0 4 / 2 3 / 0 9 6 0 1 B & B L A N D S C A P E C O N T R A C T O R 4 1 2 9 2 3 7 - 0 0 1 K M O R A N P A R K I M P R O V 0 . 0 0 2 3 4 , 8 9 8 . 9 4 11 1 1 1 1 1 2 0 6 1 0 4 / 2 3 / 0 9 6 0 1 B & B L A N D S C A P E C O N T R A C T O R 4 1 2 R E T E N T I O N P A Y A B L E 0 . 0 0 - 2 3 , 4 8 9 . 9 0 TO T A L C H E C K 0 . 0 0 2 1 1 , 4 0 9 . 0 4 11 1 1 1 1 1 2 0 6 2 0 4 / 2 3 / 0 9 5 0 0 B E A R , K A T E 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 2 7 . 0 0 11 1 1 1 1 1 2 0 6 3 0 4 / 2 3 / 0 9 5 0 0 C A R O T H E R S , M A L K A H 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 5 5 . 0 0 11 1 1 1 1 1 2 0 6 4 0 4 / 2 3 / 0 9 2 2 5 D E L L M A R K E T I N G L . P . C / O 6 2 2 3 2 0 1 S U P P O R T S V C S 0 . 0 0 4 3 4 . 9 8 11 1 1 1 1 1 2 0 6 5 0 4 / 2 3 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 0 . 6 5 11 1 1 1 1 1 2 0 6 5 0 4 / 2 3 / 0 9 3 9 0 E L E C T R I C A L D I S T R I B U T O R S 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 3 0 . 6 7 TO T A L C H E C K 0 . 0 0 1 5 1 . 3 2 11 1 1 1 1 1 2 0 6 6 0 4 / 2 3 / 0 9 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 I R R I G A T I O N S U P P L I E S 0 . 0 0 5 7 5 . 9 4 11 1 1 1 1 1 2 0 6 7 0 4 / 2 3 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 5 6 . 7 3 11 1 1 1 1 1 2 0 6 7 0 4 / 2 3 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 C H A I N S A W R E P A I R 0 . 0 0 6 4 . 8 6 11 1 1 1 1 1 2 0 6 7 0 4 / 2 3 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 9 6 . 4 4 11 1 1 1 1 1 2 0 6 7 0 4 / 2 3 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 1 8 6 . 0 8 11 1 1 1 1 1 2 0 6 7 0 4 / 2 3 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 2 0 . 5 1 11 1 1 1 1 1 2 0 6 7 0 4 / 2 3 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 5 6 . 7 3 11 1 1 1 1 1 2 0 6 7 0 4 / 2 3 / 0 9 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 6 1 . 7 0 TO T A L C H E C K 0 . 0 0 5 4 3 . 0 5 11 1 1 1 1 1 2 0 6 8 0 4 / 2 3 / 0 9 6 9 5 G R O O V E S C H O O L O F P E R C U S S 1 1 1 6 1 0 1 I N S T R U C T O R - D R U M S 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 2 0 6 9 0 4 / 2 3 / 0 9 5 0 0 H A R V A N C I K , I V E T A 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 5 4 . 0 0 11 1 1 1 1 1 2 0 7 0 0 4 / 2 3 / 0 9 5 0 0 H E N D E R S H O T , B R O O K 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 4 9 . 0 0 11 1 1 1 1 1 2 0 7 1 0 4 / 2 3 / 0 9 4 8 8 H O M E D E P O T 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 7 5 . 7 1 11 1 1 1 1 1 2 0 7 2 0 4 / 2 3 / 0 9 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 M E T E R R E P A I R - B L A N E Y 0 . 0 0 3 0 3 . 1 5 11 1 1 1 1 1 2 0 7 2 0 4 / 2 3 / 0 9 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 R C V L O C A T E D - L I B R A R Y 0 . 0 0 6 8 . 0 0 11 1 1 1 1 1 2 0 7 2 0 4 / 2 3 / 0 9 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 R E P A I R S - S A R A V I N E Y A R D 0 . 0 0 1 0 2 . 0 0 TO T A L C H E C K 0 . 0 0 4 7 3 . 1 5 11 1 1 1 1 1 2 0 7 3 0 4 / 2 3 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 5 5 8 . 5 4 39 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 : 0 4 / 2 4 / 2 0 0 9 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 1 : 3 3 : 5 8 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 2 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 2 0 7 3 0 4 / 2 3 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 1 V E S T S - S T R E E T S 0 . 0 0 1 9 6 . 6 5 TO T A L C H E C K 0 . 0 0 7 5 5 . 1 9 11 1 1 1 1 1 2 0 7 4 0 4 / 2 3 / 0 9 1 1 2 J O S H I , B H A R A T I 1 1 1 6 1 0 1 I N S T R U C T O R - C O O K I N G 0 . 0 0 1 5 . 2 0 11 1 1 1 1 1 2 0 7 5 0 4 / 2 3 / 0 9 1 3 2 K E N F U S O N P E S T M A N A G E M E N 1 1 1 5 3 0 1 P E S T C N T R L - C S P R I N G 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 2 0 7 5 0 4 / 2 3 / 0 9 1 3 2 K E N F U S O N P E S T M A N A G E M E N 1 1 1 5 3 0 1 P E S T C N T R L - C I V I C C T R 0 . 0 0 3 0 . 0 0 11 1 1 1 1 1 2 0 7 5 0 4 / 2 3 / 0 9 1 3 2 K E N F U S O N P E S T M A N A G E M E N 1 1 1 5 3 0 1 P E S T C N T R L - E L Q U I T O 0 . 0 0 6 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 2 0 7 6 0 4 / 2 3 / 0 9 1 9 2 L I , C H R I S T I N E K A I S E R 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 3 . 6 0 11 1 1 1 1 1 2 0 7 6 0 4 / 2 3 / 0 9 1 9 2 L I , C H R I S T I N E K A I S E R 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 8 8 . 8 0 TO T A L C H E C K 0 . 0 0 4 2 2 . 4 0 11 1 1 1 1 1 2 0 7 7 0 4 / 2 3 / 0 9 5 4 8 L O V E , M I C H E L L E D 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 7 . 0 0 11 1 1 1 1 1 2 0 7 7 0 4 / 2 3 / 0 9 5 4 8 L O V E , M I C H E L L E D 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 7 . 0 0 TO T A L C H E C K 0 . 0 0 5 4 . 0 0 11 1 1 1 1 1 2 0 7 8 0 4 / 2 3 / 0 9 5 5 0 M O S T D E P E N D A B L E F O U N T A I N 1 1 1 5 3 0 1 F O U N T A I N R E P A I R S 0 . 0 0 2 8 3 . 6 3 11 1 1 1 1 1 2 0 7 9 0 4 / 2 3 / 0 9 6 7 8 M U N I C I P A L C O D E C O R P O R A T I 1 1 1 2 2 0 1 O R D I N A N C E S V C 0 . 0 0 5 0 . 0 0 11 1 1 1 1 1 2 0 8 0 0 4 / 2 3 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 J A N I T O R I A L S V C 0 . 0 0 1 5 2 . 0 0 11 1 1 1 1 1 2 0 8 0 0 4 / 2 3 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 M T H L Y S V C 0 3 / 2 2 - 0 3 / 2 8 0 . 0 0 3 0 4 . 0 0 TO T A L C H E C K 0 . 0 0 4 5 6 . 0 0 11 1 1 1 1 1 2 0 8 1 0 4 / 2 3 / 0 9 1 O F F O F S H E R I F F - F I S C A L S V 1 1 1 7 1 0 1 M T H L Y L A W S V C 0 4 / 0 9 0 . 0 0 3 3 0 , 0 2 2 . 4 6 11 1 1 1 1 1 2 0 8 2 0 4 / 2 3 / 0 9 6 0 O N T R A C 1 1 1 5 1 0 1 C A P A R K S & R E C 0 3 / 0 9 0 . 0 0 5 . 5 0 11 1 1 1 1 1 2 0 8 2 0 4 / 2 3 / 0 9 6 0 O N T R A C 1 1 1 2 1 0 1 Z A G S V C 0 3 / 2 5 0 . 0 0 8 . 9 5 11 1 1 1 1 1 2 0 8 2 0 4 / 2 3 / 0 9 6 0 O N T R A C 1 1 1 2 1 0 1 S H U T E M I H A L Y 0 3 / 2 5 0 . 0 0 9 . 4 5 11 1 1 1 1 1 2 0 8 2 0 4 / 2 3 / 0 9 6 0 O N T R A C 1 1 1 2 1 0 1 S H U T E M I H A L Y 0 3 / 3 0 0 . 0 0 8 . 9 5 11 1 1 1 1 1 2 0 8 2 0 4 / 2 3 / 0 9 6 0 O N T R A C 1 1 1 4 1 0 1 S U M M E R H I L L 0 3 / 1 7 0 . 0 0 8 . 0 0 TO T A L C H E C K 0 . 0 0 4 0 . 8 5 11 1 1 1 1 1 2 0 8 3 0 4 / 2 3 / 0 9 5 4 0 O R C H A R D S U P P L Y 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 3 2 7 . 8 3 11 1 1 1 1 1 2 0 8 4 0 4 / 2 3 / 0 9 1 7 0 P A C I F I C C O A S T S E E D 4 1 2 9 2 3 7 - 0 0 1 G R A S S S E E D S - K M O R A N 0 . 0 0 1 , 1 6 8 . 3 4 11 1 1 1 1 1 2 0 8 5 0 4 / 2 3 / 0 9 1 9 5 P A P A 1 1 1 5 3 0 1 T R A I N I N G 0 5 / 1 9 0 . 0 0 7 0 . 0 0 11 1 1 1 1 1 2 0 8 6 0 4 / 2 3 / 0 9 2 7 8 P E T R O T E K 6 2 3 5 2 0 2 F U E L T E S T I N G 0 3 / 0 9 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 2 0 8 6 0 4 / 2 3 / 0 9 2 7 8 P E T R O T E K 6 2 3 5 2 0 2 A N N U A L T R A I N I N G 0 . 0 0 2 4 0 . 0 0 TO T A L C H E C K 0 . 0 0 4 4 0 . 0 0 11 1 1 1 1 1 2 0 8 7 0 4 / 2 3 / 0 9 6 6 9 P R O - C A L T R U C K R E P A I R 6 2 3 5 2 0 2 T I R E M A I N T - V E H 1 1 0 0 . 0 0 4 8 2 . 3 0 11 1 1 1 1 1 2 0 8 8 0 4 / 2 3 / 0 9 3 5 2 P R O - D O O R A U T O G L A S S 4 1 3 9 3 2 2 - 0 0 1 D O O R R E P L A C E M E N T 0 . 0 0 7 9 1 . 0 0 11 1 1 1 1 1 2 0 8 9 0 4 / 2 3 / 0 9 3 8 8 R A T R A , R I C K 6 2 3 5 2 0 2 P R O P A N E 0 . 0 0 2 8 . 8 4 11 1 1 1 1 1 2 0 8 9 0 4 / 2 3 / 0 9 3 8 8 R A T R A , R I C K 6 2 3 5 2 0 2 P R O P A N E 0 . 0 0 5 2 . 8 8 TO T A L C H E C K 0 . 0 0 8 1 . 7 2 40 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 : 0 4 / 2 4 / 2 0 0 9 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 1 : 3 3 : 5 8 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 2 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 2 0 9 0 0 4 / 2 3 / 0 9 3 9 3 R E E D & G R A H A M , I N C 4 1 1 9 1 1 1 - 0 0 1 A S P H A L T 0 . 0 0 6 2 . 4 9 11 1 1 1 1 1 2 0 9 0 0 4 / 2 3 / 0 9 3 9 3 R E E D & G R A H A M , I N C 4 1 1 9 1 1 1 - 0 0 1 A S P H A L T 0 . 0 0 9 4 . 9 1 TO T A L C H E C K 0 . 0 0 1 5 7 . 4 0 11 1 1 1 1 1 2 0 9 1 0 4 / 2 3 / 0 9 4 0 9 R E P U B L I C I T S 2 3 1 5 3 0 2 S T R E E T L I G H T 0 7 / 0 8 0 . 0 0 4 7 0 . 0 0 11 1 1 1 1 1 2 0 9 1 0 4 / 2 3 / 0 9 4 0 9 R E P U B L I C I T S 4 1 1 9 1 1 1 - 0 0 1 S T R E E T L I G H T 0 7 / 0 8 0 . 0 0 2 0 1 . 5 0 11 1 1 1 1 1 2 0 9 1 0 4 / 2 3 / 0 9 4 0 9 R E P U B L I C I T S 4 1 1 9 1 1 1 - 0 0 1 S T R E E T L I G H T 0 9 / 0 8 0 . 0 0 2 8 1 . 6 0 11 1 1 1 1 1 2 0 9 1 0 4 / 2 3 / 0 9 4 0 9 R E P U B L I C I T S 2 3 1 5 3 0 2 S T R E E T L I G H T 1 0 / 0 8 0 . 0 0 7 2 2 . 2 5 11 1 1 1 1 1 2 0 9 1 0 4 / 2 3 / 0 9 4 0 9 R E P U B L I C I T S 4 1 1 9 1 1 1 - 0 0 1 S T R E E T L I G H T 1 0 / 0 8 0 . 0 0 2 4 1 . 0 8 TO T A L C H E C K 0 . 0 0 1 , 9 1 6 . 4 3 11 1 1 1 1 1 2 0 9 2 0 4 / 2 3 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 1 1 7 . 1 4 11 1 1 1 1 1 2 0 9 3 0 4 / 2 3 / 0 9 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 I G H T R E P A I R - V I L L A G E 0 . 0 0 3 4 1 . 4 2 11 1 1 1 1 1 2 0 9 4 0 4 / 2 3 / 0 9 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 E P A I R S - V I L L A G E 0 . 0 0 2 5 8 . 5 0 11 1 1 1 1 1 2 0 9 5 0 4 / 2 3 / 0 9 5 0 0 S U , J I M 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 7 9 . 0 0 11 1 1 1 1 1 2 0 9 6 0 4 / 2 3 / 0 9 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 A S P M T H L Y S V C 0 5 / 0 9 0 . 0 0 5 , 3 9 0 . 0 0 11 1 1 1 1 1 2 0 9 7 0 4 / 2 3 / 0 9 6 9 0 T C S A 1 1 1 5 2 0 1 T R A C O N 0 9 0 4 / 2 9 0 . 0 0 6 5 . 0 0 11 1 1 1 1 1 2 0 9 7 0 4 / 2 3 / 0 9 6 9 0 T C S A 1 1 1 5 2 0 1 T R A C O N 0 9 0 4 / 2 9 0 . 0 0 6 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 3 0 . 0 0 11 1 1 1 1 1 2 0 9 8 0 4 / 2 3 / 0 9 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S T R E E T S V C 0 3 / 0 9 0 . 0 0 7 , 4 8 9 . 0 0 11 1 1 1 1 1 2 0 9 9 0 4 / 2 3 / 0 9 6 6 0 V A L D I V I A , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - K I C K B X N G 0 . 0 0 3 1 . 6 0 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 1 0 1 C I T Y M A N A G E R 0 . 0 0 1 3 0 . 5 2 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 2 0 1 C I T Y C L E R K 0 . 0 0 6 7 . 1 6 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 3 1 0 1 A D M I N S V C - F I N A N C E 0 . 0 0 6 1 . 7 6 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 6 2 2 3 2 0 1 I T S E R V I C E S 0 . 0 0 6 2 . 9 0 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 2 0 1 C D - B U I L D I N G / I N S P E C T 0 . 0 0 1 5 7 . 2 3 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 1 C D - D E V E L O P M E N T S V C 0 . 0 0 1 0 7 . 0 3 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 3 C D - C O D E C O M P L I A N C E 0 . 0 0 - 3 4 . 2 5 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 2 0 1 P W - S T R E E T S 0 . 0 0 2 3 2 . 0 3 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 3 0 1 P W - P A R K S 0 . 0 0 3 2 6 . 1 9 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 1 P W - G E N E R A L E N G 0 . 0 0 1 1 6 . 9 8 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 1 P W - D E V E N G 0 . 0 0 3 1 . 9 2 11 1 1 1 1 1 2 1 0 0 0 4 / 2 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 6 2 4 6 2 0 2 R E C R E A T I O N - B U I L D I N G 0 . 0 0 1 4 0 . 8 6 TO T A L C H E C K 0 . 0 0 1 , 4 0 0 . 3 3 11 1 1 1 1 1 2 1 0 1 0 4 / 2 3 / 0 9 6 4 6 W E B E R T R A C T O R S E R V I C E 4 1 3 9 3 5 1 - 0 0 1 E L E C T R I C , G A S & P H O N E S 0 . 0 0 3 8 , 6 7 7 . 1 0 11 1 1 1 1 1 2 1 0 1 0 4 / 2 3 / 0 9 6 4 6 W E B E R T R A C T O R S E R V I C E 4 1 3 R E T E N T I O N P A Y A B L E 0 . 0 0 - 3 , 8 6 7 . 7 1 TO T A L C H E C K 0 . 0 0 3 4 , 8 0 9 . 3 9 11 1 1 1 1 1 2 1 0 2 0 4 / 2 3 / 0 9 4 2 9 W E S T C O A S T F E N C E C O M P A N Y 1 1 1 5 3 0 1 G A T E R E P - P R K N G D I S T 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 2 1 0 2 0 4 / 2 3 / 0 9 4 2 9 W E S T C O A S T F E N C E C O M P A N Y 1 1 1 5 3 0 1 F E N C I N G - C O M M C T R 0 . 0 0 1 , 3 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 9 0 0 . 0 0 41 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 : 0 4 / 2 4 / 2 0 0 9 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 1 : 3 3 : 5 8 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 . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 2 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 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 2 1 0 3 0 4 / 2 3 / 0 9 4 3 0 W E S T V A L L E Y M I S S I O N C O L L 1 1 1 5 3 0 1 F I E L D R N T L S P R I N G 0 9 0 . 0 0 3 , 3 6 0 . 0 0 11 1 1 1 1 1 2 1 0 4 0 4 / 2 3 / 0 9 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 2 3 0 1 M E D I C A L S U P P L I E S 0 . 0 0 5 3 . 6 4 TO T A L C A S H A C C O U N T 0 . 0 0 6 0 9 , 8 4 7 . 4 4 TO T A L F U N D 0 . 0 0 6 0 9 , 8 4 7 . 4 4 TO T A L R E P O R T 0 . 0 0 6 0 9 , 8 4 7 . 4 4 42 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager SUBJECT: Approval of Agency Agreement for Countywide AB 939 Implementation Fee RECOMMENDED ACTION: Accept report, and authorize the City Manager to approve the Agency Agreement with the County of Santa Clara for the Countywide AB 939 Implementation Fee. BACKGROUND: To comply with state law and local needs, the County of Santa Clara and fourteen cities cooperated in the creation of a Household Hazardous Waste ((HHW) Program. Since 1992, all cities except for the City of Palo Alto have contracted with the County to provide HHW services through an Agency Agreement for Countywide Household Hazardous Waste Collection Program. The Agreement authorizes the County to collect and distribute a fee -- collected at landfills, non- disposal facilities and transfer stations located in Santa Clara County -- on each ton of waste brought to the facilities. The fee is then separated and distributed as follows: 1. A Household Hazardous Waste (HHW) Fee, distributed to the County to implement the Countywide HHW Program; and 2. A Program Fee, distributed to the cities to implement measures related to AB 939, which requires the reduction of landfilled waste. Each jurisdiction contracts with the County for collection and distribution of AB 939 funds. Therefore, all fourteen cities must approve the Agency Agreement for Countywide AB 939 Implementation Fee by July 1, 2009. If one or more jurisdictions do not approve this agreement, the AB 939 Fee would not be collected after June 30, 2009. The proposed agreement includes an increase in the AB 939 Implementation Fee from the current rate of $3.55 per ton, to a new rate of $4.10 per ton. The increase of $0.55 per ton is necessary to fund processing of increased waste volumes, a four percent (4%) base level of service (increased from the current 3% base level), and an annual lease at the new San Jose HHW permanent drop-off facility. 43 Page 2 of 2 HHW volumes have been increasing and the current fee is insufficient to pay for rising costs associated with proper disposal of these wastes. The volume of hazardous waste managed by the HHW Program continues to rise as people become more aware of environmental issues such as pharmaceuticals in our water and the ban of many products from landfills (e.g. fluorescent lamps and batteries). At its February 25, 2009 meeting, the County’s Recycling and Waste Reduction Commission voted to recommend approval to reauthorize and increase the AB 939 Implementation Fee. FISCAL IMPACTS: There is no direct financial impact to the City of Saratoga as a consequence of approving this Agreement, since the AB 939 fees are assessed on tonnage brought to landfills, non-disposal facilities and transfer stations. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The Agreement for the Countywide AB 939 Implementation Fee would not be approved and fee would not be collected after June 30, 2009. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Agreement 44 45 AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno. Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the day of 2009. The ternl CITIES may refer to CITIES collectively or individually. RECITALS WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan; and WHEREAS, the Board of Supervisors established the Countywide AB939 Implementation Fee o;;ffective July 1, 1992 to fund local costs of preparing, adopting, and implementing integrated waste management plans and programs; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined that a Countywide AB939 Implementation Fee (Fee) is necessary, pursuant to Public Resource Code 41901, to assist in funding the costs of preparing, adopting and implementing integrated waste management plans and programs in the fifteen cities and the unincorporated area of the county; and WHEREAS, the Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdietion and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or ineincration outside the County; and WHEREAS, state law requires jurisdictions to plan and implement household hazardous waste (HHW) services; and WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary services to enable jurisdictions to meet the requirements of slate law; and WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard. These wastes inelude, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven eieaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and ear batteries; and AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENT A nON FEE FY 2010 46 WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the unincorporated area and will apportion the Fee according to the terms of this Agreement. NOW, THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.1 0 per ton in FY 2010 of waste to be disposed. The Fee is divided into two parts: 1) a Program Fee of$1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a HHW Fee of$2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit B. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program and participating jurisdictions as described in Exhibit C. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara Non-Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A. 2. SERVICES PROVIDED BY COUNTY COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal facility operators with the County Integrated Waste Management Division. The COUNTY shall require each landfill and non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions andlor payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators. 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 2 47 4. COLLECTION AND USE OF FEE Each ton of waste will be subject to the Fee. Best efforts will be made to prevent tonnage from being assessed a double fee (once at a non-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall assist in funding the costs of each city's share of HHW operations. S. INSURANCE Each party shall maintain its own insurance coverage, through third party insurance, self- insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request. 6. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shaH fully indemnity and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement. Additionally, CITY shall indemnity, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, danlage, liability, cost or expenses. including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY's sole negligence in the collection or distribution of said Fees. 7. DISTRIBUTION OF FEE COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt oflandfill and non- disposal facility payments and disposal documentation required for calculation of Fee distribution amounts. Distributions shall begin December 15,2009, and continue quarterly through October is, 2010. 8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Regardless of whether CITIES enter into the Agreement, CITIES's share of funds collected for Abandoned Waste Disposal AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTA nON FEE FY 2010 3 48 Costs will be paid directly to the Countywide HHW Program as described in Exhibit C, Section 3. 9. LATE PAYMENTS If Fee payments and disposal documentation are not received from landfill or non-disposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of moneys received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C. 10. ACCOUNTING COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation of its share ofthe Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10 days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing. 12. EFFECTIVE DATE OF AGREEMENT This agreement is effective upon approval by all fifteen CITIES and the COUNTY. 13. AMENDMENT This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY. 14. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 4 49 15. TERM OF AGREEMENT The term of this Agreement shall be from July 1,2009 to June 30, 2010, or until all funds from the last quarter's Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2009. Said landfills and non- disposal facilities will be billed for the Fcc through June 30, 2010. 16. NOTICES All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States milll, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section. City of Contact: ___ . _____ . __ . _____ _ Title: ______________ _ Address: --- County of Santa Clara Contact: Program Manager Program: Integrated Waste Management Division Address: 1553 Berger Drive Building 1 City: Sal} Jose, CA 95112 17. COl'\TROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California, 18. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENT A nON FEE FY 20 I 0 5 50 19. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION }'EE on the dates as stated below: "COUNTY" "CITY" Signature: CITY OF -:-__ ---:--_____ _ A municipal corporation Greg Van Wassenhove Director of Department of Agriculture and Environmental Management Date: ____________ _ E z b G. Pianca Deputy County Counsel Date: O'1IQ;o, taa07 By: ___________ _ Date: ____________ _ APPROVED BY THE OFFICE OF THE COUNTY EXECUTIVE Sylvia Gallegos Deputy County Executive Date:. __________ _ AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 6 51 EXHIBIT A lANDFILLS LOCATED TN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Pacheco Pass Sanitary Landfill Palo Alto Refuse Disposal Area Zanker Materials Processing Facility Zanker Road LaJJdfill NON-DISPOSAL FACKLTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA COUNTY Butterick Enterprises Recyclery California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Compo sting Facility ComCare Farms Compo sting Facility Environmental Management Systems Facility Green Waste Recovery Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Landfill Composting Facility Pacific Coast Recycling, Inc. Premier Recycling Facility The Recyclery at Newby Island San Martin Transfer Station Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility Zanker Materials Processing Facility AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 52 EXHIBITB FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE Each jurisdiction located in Santa Clara County will receive $1.50 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System. Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed aecording to each jurisdiction's percent of countywide population, according to the latest available population report issued by the California Department of Finance. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENT A nON FEE FY 2010 8 53 lEXHlBIT C COUNTYWJnE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) I. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support plmming and implementation of integrated waste management programs. The HHW Fee, $2.60 per ton in FY 2010, collected as part of the AB939 Implementation Fcc, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services. Funds derived from the HHW Fee will be allocated among five types ofCoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households if, each participating jurisdiction. The number of households will be determined at the begin.ning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, "Population Estimates for California Ci:ies and Counties." B. Abandoned Waste Disposal Costs will fund disposal ofHHW illegally abandoned at nonprofit charitable reuse organizations. The existing fund balance from previous years will fund the Abandoned Wastes Disposal Costs for FY 2010. C. Variable Cos!: Per Car to provide a base level service to 4% of households in all participating jurisdictions. The number of households is detemlined by the most recent "Population Estimates for California Cities and Counties" Report as published by the California Department cf Finance, Demographie Research Unit. D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. 2. FIXED PROGRAM COST Funds shall be distributed on a per household basis for Fixed Program Costs. This portion of the funds shall be distributed directly to the Countywide HHW Program. Fixed Program Costs funding shall be calculated at $1.85 per household FY 2010. Fixed Program Costs may include, but are not limited \0 eight (8) CoHHW Program staff members, facility leasing costs. vehicle lease costs, office rent, office supplies, county administrative overhead, county legaJ counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit increases. AGENCY AGREEMENT FOR COUNTYWIDE AS 939 IMPLEMENT A TJON FEE FY 2010 9 54 3. ABANDONED WASTE DISPOSAL COST The existing unexpended abandoned waste fund balance of$145,000 will fund disposal ofHHW illegally abandoned at nonprofit charitable reuse organizations for FY 2010. Therefore it is not necessary to apportion any of the Fee for FY 2010 for abandoned waste disposal costs. All jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 4. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $67 per car for Fiscal Year 2010. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach andlor provide additional serviees in that jurisdiction where the level of 4% is not reaehed the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion will be alloeated based on the tons of waste generated within eaeh jurisdiction and after allocation of fixed program cost and variable per car cost. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil collection, universal waste collection, emergency HHW services, funding HHW publie education, or providing speeial programs such as door-to-door colleetion of HHW for the elderly andlor persons with disabilities and neighborhood clean-up events. 7. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions. CIT.IES, at their option, may participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES not participating in the Agency Agreement will receive AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 10 55 their pro-rata share of funding received by the COUNTY from the HHW Fee, with the exception of funds for the abandonee, waste cost, described above. If CITIES not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators w!ll be billed to the CITIES. A CITIES' representative must call the Countywide HHW Program appointment line to schedule an appointment for the resident. The pro-rata share ofliability will be shared as defined in Section 28 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D AGENCY AGREEMENT FOR COUNTYWTDE AB 939 IMPLEMENTA TIOh' FEE FY 201 C 56 EXHIBITD SECTION 28 OF AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction'S pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resourees, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for sueh services and has failed to require the eontractor to maintain the insurance requirements set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's apportioned share ofliability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtraeted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 12 57 for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 13 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst SUBJECT: Motor Vehicle (MV) Resolution authorizing 15 Minute Parking RECOMMENDED ACTIONS: Move to adopt the Motor Vehicle Resolution authorizing two “15 Minute Parking” spaces on the Frontage Road adjacent to Blaney Plaza REPORT SUMMARY: The City received a request from the owner of Planet Juice for two 15-minute parking spaces near the store. The location of the two restricted spaces is in front of 14410 Big Basin Way across from Blaney Plaza along the Frontage Road that feeds into Saratoga-Los Gatos Road. These spaces would support the businesses in the area which provide services with a quick turn around. The owner of Planet Juice contacted the building owner and the adjacent business owners regarding the request. All were in support of the proposed change. It is therefore recommended that two parking spaces along this section be restricted to 15 minutes between 9:00 A.M-6:00 P.M. In order to enforce the new parking restrictions, it is necessary that the attached Motor Vehicle Resolution be adopted by the City Council. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to post signs. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and parking conditions would continue as is. ALTERNATIVE ACTION(S): None. 58 Page 2 of 2 FOLLOW UP ACTION(S): The signs will be posted and the Sheriff’s Office will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Motor Vehicle Resolution 2. Map 59 RESOLUTION NO. MV- ______ RESOLUTION PARKING RESTRICTION ON BLANEY PLAZA FRONTAGE ROAD The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and traffic study, the following parking restrictions shall be designated on Blaney Plaza Frontage Road in the location specified below: NAME OF STREET LOCATION RESTRICTION Blaney Plaza Frontage Road Starting one hundred and ten feet (110 ft.) from the southeast corner of the Frontage Road and Big Basin Way and continuing east for twenty feet (20 ft.). 15 Minute Parking 9:00 A.M.-5:00 P.M. II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 6th day of May, 2009, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Chuck Page, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk 60 Proposed Parking Restriction N0255075100Feet 15-Minute Parking Restriction (Two Parking Spaces) S a r a t o g a - L o s G a t o s R o a d B i g B a s i n W a y Frontage Road Adjacent to Blaney Plaza BlaneyPlaza Frontage Road 61 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: John Livingstone, AICP SUBJECT: Landmark Designation for 21000 Big Basin Way (Hakone Gardens) (CONSENT ITEM) RECOMMENDED ACTION: The Heritage Preservation Commission (HPC) recommends the City Council waive the Second Reading and adopt the Ordinance to designate Hakone Gardens as a Historic Landmark. BACKGROUND: On April 15, 2009, the City Council conducted a public hearing, introduced the ordinance, and voted to place the ordinance on consent for adoption. The Hakone Foundation filed an application requesting that the Hakone Gardens (owned by the City and operated by the Hakone Foundation under a long term lease) be designated as a Historic Landmark. The HPC reviewed this application and background information for a Historic Landmark Designation as part of a regular meeting on February 10, 2009. The Commission, by 6-0 vote, approved a recommendation to the City Council designating the subject property as a Historic Landmark. Hakone Gardens was placed on the City of Saratoga Heritage Resources Inventory in 1988. Article 13-15.010 of the Saratoga Municipal Code states that designation of a property as a Historic Landmark requires recommendation from the Heritage Preservation Commission to the City Council. DISCUSSION: Hakone Gardens is a traditional Japanese garden considered to be the oldest Japanese and Asian estate garden in the Western Hemisphere. In 1916, two San Francisco arts patrons, Oliver and Isabel Stine, purchased the approximately 15-acre site with the intention of building a summer retreat. Mrs. Stine called the estate Hakone because the surrounding area reminded her of time spent at Japan’s Fuju Hakone National Park. The garden was designed and landscaped by Mr. N. Aihara. He was related to the Court Gardeners of the Emperor of Japan. Hakone is a hill and water garden in the strolling pond style that is typical of the Zen gardens of the middle 17th century and is an authentic replica of a Japanese Samurai or Shogun’s estate garden. The Upper (Moon Viewing) House was constructed in 1917 by Mr. T. Shintani. This structure was built without nails or adhesives using “joinery” construction. This method of construction 62 Page 2 of 2 uses pegs, mortises and tenons instead of nails in the old Japanese cabinet-maker style. More buildings with a Japanese architectural style were added in later years by Stine and subsequent owners. In 1966, the City of Saratoga purchased Hakone Gardens, then in disrepair, in order to protect it from the threat of development. The Hakone Foundation, a non-profit organization, was established in 1984 to authentically restore and enhance the gardens independently of public funding. The gardens are open to the public and the various community facilities are often used for cultural events. Hakone Gardens are accessible via a driveway from Big Basin Way. The garden was developed within the sloping terrain inherent to the area, with some features cut into the hillside. On-site facilities include four distinct gardens and several structures. These include the lower house (once the principle residence of the Stine Family) remodeled by the City in 1980 to serve as a community meeting room, a Cultural Exchange Center, and a recently constructed Visitor Center near the front entrance. A paved parking lot is located below the gardens. FISCAL IMPACT: No direct fiscal impacts to the City. Historic Landmark status is necessary for Hakone Gardens to qualify for reimbursement grants from the County of Santa Clara for costs incurred while maintaining and updating existing buildings on the site. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The site would not be designated as a Historic Landmark and the future maintenance and rehabilitation of Hakone Gardens could be jeopardized without the Historic Landmark Designation. ALTERNATIVES: Deny the proposed resolution and provide staff with direction. FOLLOW-UP ACTIONS: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ADVERTISING, NOTICING, AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENT: Ordinance approving the property’s landmark status. 63 ATTACHMENT 1 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF SARATOGA DESIGNATING THE PROPERTY KNOWN AS HAKONE GARDENS AT 21000 BIG BASIN WAY AS A HISTORIC LANDMARK (APN 503-48-030,031; 517-07-026) The City Council of the City of Saratoga hereby ordains as follows: Section 1-Findings: After careful review and consideration of the report and recommendations of the Heritage Preservation Commission concerning Hakone Gardens located at 21000 Big Basin Way (the “Property”) together with the application prepared by the Hakone Foundation and supporting materials provided by the Foundation and reviewed by staff and the Heritage Preservation Commission, the City Council hereby determines that: § The Property exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation in that Hakone Gardens is a traditional Japanese garden considered to be the oldest Japanese and Asian estate garden in the Western Hemisphere which is a rich cultural link to Saratoga’s history and has been and will continue to be enjoyed by both countless visitors to and citizens of Saratoga. § The Property embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials in that the garden is in form, a hill and water garden in the strolling pond style, typical of the Zen gardens of the middle 17th century. The Upper (Moon Viewing) House was constructed without nails or adhesives of “joinery” construction, using pegs, mortises and tenons, instead of nails and adhesives in the old Japanese cabinet-maker style. § The property is representative of the notable design or craft of a builder, designer, or architect in that the gardens were designed and landscaped by Mr. N. Aihara, a well regarded Japanese landscape architect who was related to the Court Gardeners of the Emperor of Japan. The Upper (Moon Viewing) House was designed and constructed by Mr. T. Shintani with an authentic “joinery” style of construction § The property embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City in that Hakone Gardens has been owned by the City of Saratoga since 1966 and recognized as an important contributor to the City’s Historic Resource Inventory since 1988. The Japanese gardens and authentically designed and constructed Japanese buildings, including the upper (moon viewing) 64 house, four distinct Japanese gardens, the water garden, and several structures, are authentic examples of Japanese landscape and architectural design. The lower house (once the principle residence of the Stine Family) remodeled by the City in 1980 serves as a community meeting room. § The Property embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural, or aesthetic interest or value in that the Hakone Gardens was constructed in 1918 and is a traditional Japanese garden considered to be the oldest Japanese and Asian estate garden in the Western Hemisphere. The garden is constructed in the strolling pond style typical of the Zen garden of the middle 17th century. Section 2 – Designation: The Property is hereby designated as a Historic Landmark pursuant to section 13-15.060 of the Saratoga City Code. Section 3- Publication: This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen (15) days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 15th day of April, 2009, and was adopted by the following vote following a second reading on the 6th day of May, 2009. AYES: NOES: ABSENT: ABSTAIN: Chuck Page, Mayor ATTEST: Ann Sullivan, City Clerk 65 Page 1 of 3 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager SUBJECT: Approval of Agency Agreement for the Countywide Household Hazardous Waste Collection Program RECOMMENDED ACTION: Accept report, and authorize the City Manager to approve the Agency Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste (HHW) Collection Program. BACKGROUND: This evening on your agenda, you are considering an Agreement with Santa Clara County for a Countywide AB 939 Implementation Fee. A portion of the proceeds from the AB 939 Fee, assessed at landfills, non-disposal facilities and transfer stations, pays for a baseline Countywide HHW Collection Program. However, as you may be aware, the HHW portion of the AB 939 fee does not fully cover the costs of providing Countywide HHW management services. Saratoga residents are very conscientious in properly managing their HHW and, therefore, have a higher service requirement than the baseline program provides. The City of Saratoga (and a number of other jurisdictions that are party to the HHW Agreement) has chosen in the past to augment the Countywide HHW Program, in order to fully cover the HHW services the City’s residents desire. In FY 2007/08 and again in FY 2008/09, the Council approved an augmentation for the program in the amount of $35,000. Anticipating that the need for a higher HHW management service level will continue for Saratoga, the County is requesting a $35,000 augmentation for FY 2009/10. In order to continue its participation in the Countywide HHW Collection Program, and to elect to receive this higher level of HHW services, it is necessary for the City to approve the attached Agency Agreement with Santa Clara County. FISCAL IMPACTS: If the City Council approves the recommended augmentation, staff will include an appropriation of $35,000 in the proposed FY 2009/10 budget. 66 Page 2 of 3 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The Agency Agreement for the Countywide Household Hazardous Waste Collection Program would not be approved. The County would not have sufficient funds to cover a higher level of HHW Collection services for Saratoga residents. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Agreement 67 Page 3 of 3 68 69 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the C;\,~Y1. of So--v r;.,lo 3 t\.. (CITY) and the County of Santa Clara (COUNTY) on the day of _____ 2009. RECITALS WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the County and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regardless of the specific location at which the collection has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their household hazardous waste (HHW) in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and economical means for residents to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps containing mercury, household batteries, and electronic waste. Residents of the CITY listed above will be eligible to bring household hazardous wastes to any household hazardous waste collection event or facility where these wastes will be accepted for proper disposal as described below; and WHEREAS, the COUNTY Board of Supervisors approved on February 7, 2006 to modify the Countywide Household Hazardous Waste Program to include the collection and management of electronic waste (e-waste) which includes, but not limited to, radios, televisions, computers, printers, monitors, photocopying machines, fax machines, oscilloscopes, computing accessories; and WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2010; and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in each participating jurisdiction; and WHEREAS , the County Board of Supervisors has approved a Countywide AB939 Household Haz ardous Waste Fee (AB939 HHW Fee), as authorized by Public Resources Code 41901, to be collected at $2.60 in FY 2010 on each ton of waste landfilled or incinerated within the county, received at any non-disposal or collection AGREEME NT FOR CO UN TYWIDE HOUSEHOLD HAZ ARDO US WASTE COLLECTION PROGRAM 70 facility located within the county and subsequently transported for disposal or incineration outside of the county, collected from any location within the county by a solid waste haul er operating pursuant to a franchise , contract, license , or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the county , or r emo v ed from any location in the county by any person or business for disposal or incineration outside the county. NOW, THEREFORE, CITY and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into an AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939 HHW Fee, $2.60 per ton in FY 2010, collected as part ofthe AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. Funds derived from the AB939 HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most Report, "Population Estimates for California Cities and Counties." B. Abandoned Waste Disposal Costs will fund disposal ofHHW illegally abandoned at nonprofit charitable reuse organizations. The existing fund balance of $145,000 from previous years will fund Abandoned Waste Disposal Costs for FY 2010. C. Variable Cost Per Car to provide a base level service to 4% of households in all participating jurisdictions. The number of households is determined b y the most recent "Population Estimates for California Cities and Counties" Report as published by the California Department of Finance , Demographic Research Unit. D. Available Discretionary Funding fund ed on tonnage generated per participating jurisdiction. AGREE MEN T FOR COUN TYWID E HOUSEHO LD HAZARDO US W A STE CO LLECTION PROG RAM 2 71 The projected Fiscal Year 2010 AB939 HHW Fee funding allocation by jurisdiction is set out in Attachment A. 3. FIXED PROGRAM COST Fixed Program Costs shall be $1.85 for FY 2010. Estimated HHW Fixed Costs for FY 2010 are projected in Attachment B. Fixed Program Costs may include, but are not limited to eight (8) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit increases. 4. ABANDONED WASTE DISPOSAL COST The existing unexpended non-profit abandoned waste fund balance of$145 ,000 will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal , transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $67 per car for Fiscal Year 2010. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs are allocated on a per household basis , the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in a particular jurisdiction, the CoHHW Program will use the remaining balance of funds , in cooperation with the CITY that has less than 4% participation levels, to increase public outreach and/or provide additional services in that jurisdiction the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs and Variable Per Car Costs. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, uni ve rsal waste collection, emergency HHW services, funding HHW public education, or pro v iding special programs such as door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events . AGREEME T FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECT ION PROGRAJv'1 3 72 7. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The Santa Clara County Integrated Waste Management Program (lWMP) will administer the AB939 HHW Fee, as part of the existing landfill billing system. Administration and payment will be made in accordance with the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENT A nON FEE. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing. 8. PROGRAM PUBLICITY The CoHHW Program shall have available to the public a HHW brochure for distribution . The brochure will be made available at various events, including but not limited to, environmental events, community fairs. The brochure will also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities: • Serving as the formal contact to the local media such as local newspapers and television news stations; • Providing participating jurisdictions with educational materials developed for the CoHHW Program ; • Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and, • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY's public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities: • Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing communications to residents for local and city newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of locally produced materials; and, • Conducting and supporting outreach and publicity to attain the 4% goal of household participation. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4 73 9. DELEGATION OF AUTHORITY The Board of Supervisors delegate s all CoHHW Program management to the Department of Agriculture and Environmental Management. The Director of the Department of Agriculture and Environmental Management has the authority to execute all ve ndor contracts necessary to operate the program, to execute any necessary license agreements, to add additional HHW services provided on a cost recovery basis, to amend any contracts or agreements, and to terminate any contracts or agreements. All contracts, agreements, and amendments shall first be approved by County Counsel as to fomi and legality and the Office of the County Executive. 10. TEMPORARY HHW EVENTS COUNTY shall conduct HHW Events at various sites located in Santa Clara County . COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operations at the following three County Household Hazardous Waste Collection Facilities (CoHHWCF): Sunnyvale Recycling Center, 164 Carl Road, Sunnyvale; 13055 Murphy Avenue, San Martin; and , 1608 Las Plumas Avenue, San Jose. The San Jose facility is expected to open in May 2010 and collection operations at the San Jose facility will commence after the facility has opened. The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for serv ices , equipment, and supplies to properly receive , package, label, haul , recycle and dispose of wastes collected. 12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal regulation as a business that generates less than 100 Kilograms (220 lbs .) of hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month. Eligible businesses within the County will be allowed to bring their hazardous waste to CoHHWCF. This program will not be subsidized by participating jurisdictions . Services to businesses will be provided on a cost recovery basis, which will include program administration, on-site collection, transportation , and disposal costs. COUNTY will assume responsibility for collecting fees from participating businesses . The fees collected by the COUNTY are established in Attachment D , Santa Clara County CESQG Drop-off Price List. The COUNTY retains the discretion to change the Santa Clara County CESQG Drop-off Price List at any time AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZ/I.RDOUS WASTE COLLECTION PROGRAM 5 74 to reflect increases or decreases in CoHHW Program costs. Any change to the CESQG Drop-off Price List shall be approved by the Director, Department of Agriculture and Environmental Management. 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for conditionally exempt small quantity generators (CESQGs). 14. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization as established in Public Resources Code Section 41904, is a nonprofit as defined in Section 501(c) (3) of the United States Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more than 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the COUNTY Director of Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal ofthe abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for CESQGs. No additional costs shall be applied to the budget of a participating jurisdiction. 15. HOUSEHOLD HAZARDOUS WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defmed in Health and Safety Code Section 25218.1(e), as an1ended from time to time, and include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners , pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, e-waste and other common hazardous consumer products. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6 75 16. WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business , including a home operated business, except that waste from CESQGs as provided for in Section 12 of this Agreement shall be accepted. 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds . Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Department of Agriculture and Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per car rate), door-to - door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $ 35. 000 to the Countywide HHW Program during Fiscal Year 2010 for the purpose ~f increased resident participation above the 4% service level at the scheduled collection dates listed in Attachment C . Augmentation will be calculated at the Variable Cost Per Car rate which is $67 .00 per car. Other services will be charged based on a cost recovery basis . At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. 18. INFORl'VIATION AND APPOINTMENT LINE COUNTY wi ll operate a telephone information and appointment desk Monday through Friday , from the hours of 8:30 a.m. to 4:30 p.m . The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately when indicated resident participation approaches the 4% base level of service. 19. SCHEDULING AND SITE SELECTION COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events . It is recognized that some of the jurisdictions participating in the CoHHW Program may not have appropriate sites AGREEMENT FOR CO UN T YW ID E HOUSEHOLD HAZARDOUS WAST E COLLEC TION PROGRAM 7 76 available. A proposed HHW schedule for Fiscal Year 2010 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service in each participating jurisdiction. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 20. OUTSIDE FUNDING During the term of this agreement, COUNTY will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, and operational funding. If funding is obtained, the Program will, at COUNTY's discretion, proceed with development of additional programs without affecting CITY's available funding allocation. 21. ELECTRONIC WASTE COLLECTION The CoHHW Program will accept electronic waste (e-waste) from residents and businesses throughout the county. A contractor has been selected to perform services and shall reimburse the County Pursuant to the Electronic Waste Recycling Act of 2003 (California State Senate Bill 20) and the Electronic Waste Recycling Act Amendments of 2004 (California State Senate Bill 50), contractor shall remit to COUNTY, recycling and disposal reimbursements for the electronic equipment designated under this Act that are collected by contractor on behalf of the COUNTY. Any and all revenues generated by this service will be apportioned to each city based on households in each jurisdiction and added to the Variable Cost Per Car funding allocation. 22. REGIONAL GRANT PARTICIPATION The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants from the California Integrated Waste Management Board which are available under the California Oil Recycling Enhancement Act of 1991 and all Household Hazardous Waste grants under the California Integrated Waste Management Act. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and grant administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply. 23. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts , as well as to minimize costs and confusion. Attachment E sets out CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 8 77 faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY's responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY's written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment E, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control and will handle wastes in accordance with State law. COUNTY will bill CITY for all emergency events on a cost recovery basis and all payments shall be due COUNTY within thirty days following the receipt of the invoice . 24. PRIV ATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 28 of this Agreement. Summary information concerning these corporate sponsored events will be included in the CoHHW Program's annual report to the participating jurisdictions. 25. INSURANCE REQUIREMENTS Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment F, Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured. 26. WASTE TRACKING AND REPORTING COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15,2010. Mid -year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services. COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY 's fiscal year. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 9 78 It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter. COUNTY will make every effort to keep the Variable Cost Per Car at approximately $67 . 27. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 28. HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10 79 treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above . The nonresident portion shall be detennined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage , by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste . 29. TERMINATION This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party. 30. TERM OF AGREEMENT The term of this Agreement shall be from July 1,2009, to June 30, 2010 , or until all revenue from the last quarter's Fee payments has been distributed, whichever is later. 31. EXTENSION OF TERM This Agreement may be extended for succeeding two-year terms if COUNTY and participating jurisdictions so agree in writing . 32. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents , employee , contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 33. EXECUTION BY COUNTERPART This Agreement ma y be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument. AGREEM EN T FOR CO UN TYWIDE HOUSEH O LD HAZ ARDO US WASTE COLL EC TIO N PROGRAM II 80 34. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 35. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parities or their assigned designates. 36. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: CITY of -------City Representative Representative's Title _________ _ City Address Santa Clara County Greg Van Wassenhove , Director Department of Agriculture and Env ironm ental Management 1553 Berger Drive San Jose, CA 95112 Attachments: A Projected FY 2010 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for FY 2010 C HHW Schedule of Temporary Events Collection Dates for FY 2010 D Santa Clara County CESQG Drop-off Price List E Household Hazardous Waste Emergency Collection Plan F Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contracts AGREEMENT FOR COUNTYWIDE HOUS EHO LD HAZARDOUS WASTE COLLECTION PROGRAM 12 81 IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUS EHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: "COUNTY" Signature: Greg Van Wassenhove Director of Department of Agriculture and Environmental Management Date: ------------------------- . Pianca Deputy County Counsel Date: 0., /0 ~/~oO"\ l "CITY" CITY OF _______ _ A municipal corporation B y: ____________________ _ Title: __________ __ Date: APPROVED BY THE OFFICE OF THE COUNTY EXECUTIVE Sylvia Gallegos Deputy County Executive Date: _________ _ AG REEMENT FOR COUN TYWIDE HOU SEHOLD HAZARDOUS WASTE COL LE CT IO N PROGRAM 13 82 A t t a c h m e n t A : P r o j e c t e d F Y 2 0 1 0 A B 9 3 9 H H W F e e F u n d i n g A l l o c a t i o n b y J u r i s d i c t i o n Fiscal Years 2010 at 4 % o f H o u s e h o l d s Num b e r o f 4 % o f T o t a l T o n s A n n u a l F i x e d C o s t E s t V a r i a b l e C i t y Jurisdiction Hous e h o l d s H H s f o r A B 9 3 9 F e e R e v e n u e $ 1 . 8 5 / H H C o s t a t D i s c r e t i o n a r y 6/1 / 2 0 0 8 S h a r e $ 2 . 6 0 $ 6 7 / c a r F u n d Campbell 1 6 , 9 3 2 6 7 7 3 4 , 9 5 6 . 0 0 $ 9 0 , 8 8 6 $ 3 1 , 3 2 4 $ 4 5 , 3 7 8 $ 1 4 , 1 8 4 Cup_ertino 2 0 , 1 7 2 8 0 7 3 5 , 2 1 3 . 0 0 $ 9 1 , 5 5 4 $ 3 7 , 3 1 8 $ 5 4 , 0 6 1 $ 1 7 5 Gilroy 1 4 , 8 5 3 5 9 4 4 9 , 4 2 6 . 0 0 $ 1 2 8 , 5 0 8 $ 2 7 , 4 7 8 $ 3 9 , 8 0 6 $ 6 1 , 2 2 4 Los Altos 1 0 , 8 2 0 4 3 3 1 8 , 5 7 0 . 0 0 $ 4 8 , 2 8 2 $ 2 0 , 0 1 7 $ 2 8 , 9 9 8 ( $ 7 3 3 ) Los Altos Hills 3 , 1 2 4 1 2 5 4 , 1 0 4 . 0 0 $ 1 0 , 6 7 0 $ 5 , 7 7 9 $ 8 , 3 7 2 ( 5 3 , 4 8 1 ) Los Gatos 1 2 , 9 5 2 5 1 8 . 2 6 , 0 2 8 . 0 0 $ 6 7 , 6 7 3 $ 2 3 , 9 6 1 $ 3 4 , 7 1 1 $ 9 , 0 0 0 Milpitas 1 9 , 0 7 3 7 6 3 5 9 , 6 8 0 . 0 0 $ 1 5 5 , 1 6 8 $ 3 5 , 2 8 5 $ 5 1 , 1 1 6 $ 6 8 , 7 6 7 Monte Sereno 1 , 2 5 5 5 0 1 , 2 7 6 . 0 0 $ 3 , 3 1 8 $ 2 , 3 2 2 $ 3 , 3 6 3 ( $ 2 , 3 6 8 ) Morgan Hill 1 2 , 8 2 1 5 1 3 3 1 , 2 4 3 . 0 0 $ 8 1 , 2 3 2 $ 2 3 , 7 1 9 $ 3 4 , 3 6 0 $ 2 3 , 1 5 3 Mountain View 3 3 , 4 7 5 1 , 3 3 9 5 3 , 2 4 6 . 0 0 $ 1 3 8 , 4 4 0 $ 6 1 , 9 2 9 $ 8 9 , 7 1 3 ( $ 1 3 . 2 0 2 ) Palo Alto 2 7 , 9 3 8 1 , 1 1 8 6 2 , 8 3 8 . 0 0 $ 1 6 3 , 3 7 9 $ 7 4 , 8 7 4 $ 8 8 , 5 0 5 San Jose 3 0 7 , 6 1 3 1 2 , 3 0 5 6 7 0 , 3 7 4 . 0 0 $ 1 , 7 4 2 , 9 7 2 $ 5 6 9 , 0 8 4 $ 8 2 4 , 4 0 3 $ 3 4 9 , 4 8 6 Santa Clara 4 4 , 2 7 5 1 , 7 7 1 1 3 2 , 1 8 6 . 0 0 $ 3 4 3 , 6 8 4 $ 8 1 , 9 0 9 $ 1 1 8 , 6 5 7 $ 1 4 3 , 1 1 8 Saratoga 1 1 , 0 9 3 4 4 4 1 5 , 2 9 5 . 0 0 $ 3 9 , 7 6 7 $ 2 0 , 5 2 2 $ 2 9 , 7 2 9 ( $ 1 0 . 4 8 4 ) Sunnyvale 5 5 , 3 9 4 2 , 2 1 6 9 0 , 2 9 0 . 0 0 $ 2 3 4 , 7 5 4 $ 1 0 2 , 4 7 9 $ 1 4 8 , 4 5 6 ( $ 1 6 , 1 8 1 ) Unincorporated 3 0 , 9 8 9 1 , 2 4 0 4 6 , 2 0 4 . 0 0 $ 1 2 0 , 1 3 0 $ 5 7 , 3 3 0 $ 8 3 , 0 5 1 ( $ 2 0 , 2 5 0 ) Countywide Totals 6 2 2 , 7 7 9 2 4 , 9 1 1 1 , 3 3 0 , 9 2 9 $ 3 , 4 6 0 , 4 1 5 · $ 1 , 1 0 0 , 4 5 6 $ 1 , 6 6 9 , 0 4 8 $ 6 9 0 , 9 1 2 - _ . - - 83 ATTACHMENT B FIXED COST Staff Salary And Benefits County Admin Overhead County Counsel Phones and Communication s Supplies Storage Facilities Lease Costs Vehicle Lease Costs Office Supplies Maintenance Staff Training E s t i m a t e d H H W P r o g r a m F i x e d C o s t s i n F i s c a l Y e a r 2 0 1 0 H M P M , S r . H M S , . 2 5 A M A , 3 H M T , A c c t , S r M A 2 0 % o f S a l a r y a b o v e S a n J o s e , S u n n y v a l e F Y 2 0 1 0 $ 8 1 8 , 9 2 7 $ 1 6 3 , 7 8 5 $ 6 , 0 0 0 $ 1 0 , 0 0 0 $ 2 , 0 0 0 $ 4 6 , 0 0 0 $ 4 2 , 0 0 0 $ 5 , 0 0 0 $ 5 , 0 0 0 $ 2 , 0 0 0 ESTIMATED ANNUAL T O T A L $ 1 , 1 0 0 , 7 1 2 84 Attachment C: HHW Schedule of Event Collection Dates for FY 2010 HHW SCHEDULE FOR FISCAL YEAR 2009/2010 2009/Month Day Date Location I ype ot t:vent County Holidaysl Notes July Saturday 4 No Event No Event FOURTH OF JULY Friday 10 San Martin Permanent Saturday 11 San Martin Permanent Saturday 18 Sunnyvale Permanent Saturda y 25 Santa Clara Tempor ary August Friday 31 San Martin Permanent Saturday 1 San Martin Permanent Saturday 8 Unincorporated Temporary Saturday 15 Sunnyvale Permanent Friday 21 San Martin Permanent Saturday 22 San Martin Permanent Satu rday 29 Cupe rtino Temporary September Saturday 5 No Event No Event SEPT 7/LABOR DAY Saturday 12 San Jose Temporary Saturday 19 Sunnyvale Permanent Satu rday 26 Santa Clara Tem porary October Friday 2 San Martin Permanent Saturday 3 San Martin Permanent Saturday 10 No Event No Event OCT 12/COLUMBUS DAY Saturday 17 Sunnyvale Permanent Saturday 24 San Jose Temporar y Friday 30 San Martin Permanent Saturday 31 San Martin Permanent November Friday 6 San Martin Permanent Saturday 7 San Martin Permanent Frida y 14 San Jose Temporary Saturday 21 Sunnyvale Permanent Saturday 28 No Event No Event 26/27ITHANKSGIVING December Friday 4 San Martin Permanent Saturday 5 San Martin Permanent Friday 11 San Martin Permanent Saturday 12 San Martin Permanent Saturday 19 San Jose Temporary Saturday 26 No Event No Event DEC 25/CHRISTMAS 2010/Jan Saturday 2 No Event No Event Jan 1/NEW YEARS Friday 8 San Martin Permanent Saturday 9 San Martin Permanent Saturday 16 Sunnyvale Permanent Saturday 23 San Jose Permanent Saturday 30 Santa Clara Temporary 85 Attachment C: HHW Sched ul e of Eve nt Collection Dat es for FY 20 10 HHW SCHEDULE FOR FISCAL YEAR 2009/2010-continued 2010/Month Day Date Location Type of Event County Holidaysl Notes February Friday 5 San Martin Permanent Saturday 6 San Martin Permanent Saturday 13 No Event No Event FEB 15/PRESIDENTS DAY Saturday 20 Sunnyvale Permanent Saturday 27 San Jose Temporary March Friday 5 San Martin Permanent Saturday 6 San Martin Permanent Friday 12 San Mart in Permanent Saturday 13 San Martin Permanent Saturday 20 Sunnyvale Permanent Saturday 27 San Jose Temporary April Friday 2 San Martin Permanent Saturday 3 San Martin Permanent Saturday 10 Los Altos Temporary Saturday 17 Sunnyvale Permanent Saturday 24 Santa Clara Temporary May Friday 30 San Martin Permanent Saturday 1 San Martin Permanent Friday 7 San Martin Permanent Saturday 8 San Martin Permanent Saturday 15 Sunnyvale Permanent Saturday 22 San Jose Temporary Saturday 29 No Event No Event MAY 31/MEMORIAL DAY June Frid ay 4 San Martin Permanent Saturday 5 San Martin Permanent Saturday 12 San Jose Temporary Saturday 19 Sunnyvale Permanent Saturday 26 Milpitas Temporary ·S UBJECT TO CHANGE 3/18/2009 86 RECYCLE FLAMABLE LIQUI D WIO SOLIDS LATEX PAINT FLAMABLE LIQUI D S WI SOLIDS LAB PACK OTHER S A N T A C L A R A C O U N T Y C E S Q G D R O P - O F F P R I C E L l S l 1 _ 4 5 _ ' _ ' " £ 3 . " _ _ 4 2 5 " ' . _ £ 3 5 _ H E S I V E S , R O O F I N G T A R , S L U D G E S / S O L I D S , G R E A S E , E P O X Y P A R T A ( R E S I N ) , P R I C E R E G A R D L E S S O F A M O U N T O F M A T E R I A L L A B C H E M I C A L S , P O I S O N S , B A S E S , A C I D S , N O N - C O R R O S I V E A Q U E O U S S O L U T I O N S , L U T A R A L D E H Y D E , P H O T O C H E M I C A L S , N E U T R A L C L E A N E R S , M P A T I B L E M I X T U R E S , A M M O N I A , A C I D S , B A S E S , M E T A L S ( L I Q U I D O R S O L I D ) , O I L T E R S , A B S O R B E N T , C O N T A M I N A T E D S O I L , C H L O R I N A T E D L I Q U I D S , R E F R I G . O I L , , C O L D S T E R I L E , V A P O S T E R I L E , C O N T A M I N A T E D O I L , D E G R E A S E R , P A R T B ( H A R D E N E R ) , M E R C U R Y W A S T E , A S B E S T O S , E T C A t t a c h m e n t 0 S 2 W _ ' , _ c _ 0 0 / 5 G A L C O N T A I N E R , L I Q U I D ) O R $ 2 / L B ( S O L I D ) P R I C E S A S O F 3 / 1 3 / 2 0 0 9 . P R I C E S S U B J E C T T O C H A N G E . F O R Q U E S T I O N S P L E A S E C A L L ( 4 0 8 ) 2 9 9 - 7 3 0 0 . 87 Attachment E 1: PURPOSE HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN The purpose of the Household Hazardous Waste Emergency plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response . 2. Timing of HHW While it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster, and cleanup process by the City HHW Coordinators is essential. 3. Public InformationlNotification: Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City's responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City's public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door -to-door notices, roadside signs, signs on dumpsters, radio public service announcements, and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State HHW Collection Permits The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special collection of household hazardous waste, from DTSC through their expedited approval process. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 1 88 5. Collection Events Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population . Waste collected can be transported with the HHW Program's hazardous waste transportation vehicle. In additional, events can be scheduled at the three existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The following options are available to each participating City. • Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. • Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive , package, label, haul, recycle and dispose of the household hazardous wastes collected at events . • CoHHWCF: The County operates three permitted HHW collection facilities for the collection and storage ofHHW. The current San Jose facility is expected to close in December 2006; however, a new facility is expected to be ready to provide a seamless transition to a new location . The County shall provide or contract for services, equipment, and supplies to properly receive, package, label , haul , recycle and dispose of wastes collected at the CoHHWCF. The CoHHWCF are located at: • Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale • San Martin, 13055 Murplty Ave, Sail Martin • San Jose, 1600 S. 10tlt St., Sail Jose 6. Costs, Documentation and Reimbursements Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal gove rnment for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. AGENCY AGREElvlENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRA.M 2 89 The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs. Services to businesses will be provided on a cost recovery basis and according to Attachment D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city's responsibility to pursue reimbursement from State or Federal agencies. State Office of Emergency Services (OES) The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow Standardized Emergency Management System (SEMS) All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance. Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 3 90 REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for loca l government on disaster debris management, January 1997 . AGENCY AGREEMEN T FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4 91 Emergency Planning Contacts and Personnel Primary County Contact: County of Santa Clara Department of Environmental Health Household Hazardous Waste Program Rob D'Arey Hazardous Materials Program Manager 408-918-1967 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations. Information and Public Affairs 2800 Meadowview Road Sacramento, CA 95832 916/262-1843 916/262-1841 (voice/TOO) OES -Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286-0895 510/286-0877 (voice/TOO) CHEMTREC Emergency number, (800) 424-9300 Non-emergency (800) 262-8200 Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5 92 EXHIBIT B-2D (revised) INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity The Contractor shall indemnify, defend , and ho ld harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss , injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County . The Contractor shall reimburse the County for all costs, attorneys' fees , expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify , defend and hold harmless the County under this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy ofthe policy or policies shall be provided by the Contractor upon request. This v.erification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability ofthe Contractor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A-V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. Rev. 4/200 2 93 EXHIBIT B-2D (revised) C. Notice of Cancellation All coverage as required herein shall not bc canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial General Liability Insurance -for bodily injury (including death) and property damage which provides limits as follows: a . Each occurrence $1,000,000 b. General aggregate -$2,000,000 c. Products/Completed Operations aggregate -$2 ,000 ,000 d. Personal Injury $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Rev. 4/200 2 Additional Insured Endorsement, which shall read: "County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents , and employees of the County of Santa Clara, individually and collectively, .as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers , agents , and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the 2 94 EXHIBIT B-2D (revised) additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors wi 11 operate aircraft or watercraft in the scope of the Agreement) For bodil y injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000 ,000) per occurrence. 6. Contractors Pollution Liability Insurance or Pollution Errors and Omissions Liability Insurance Coverage shall provide a mInImum of not less than five million dollars ($5 ,000,000) per occurrence and aggregate for bodily II1JUry , personal injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.) a. b. Rev. 4/2002 Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate. If coverage contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50 ,000) per occurrence/event. 3 95 EXHIBIT B-2D (revised) c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8. Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims . E . Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification . 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Rev. 4/2002 Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials , employees , and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or 4 96 Rev. 4 /2002 EXHIBIT B -2 D (revised) countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. 5 1 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Resolution of the Council of the City of Saratoga Supporting the Effort to Bring Major League Baseball to the County of Santa Clara RECOMMENDED ACTION: 1. Approve a letter of support to the Major League Baseball Commissioner 2. Adopt resolution supporting the efforts to bring Major League Baseball to the County of Santa Clara. BACKGROUND: Lew Wolff, the owner of the Oakland Athletics Baseball Team (Oakland A’s) has expressed an interest in relocating the Oakland A’s to the South Bay. Recently the Santa Clara County Board of Supervisors approved a letter and resolution to Major League Baseball (MLB) Commissioner, Bud Selig, asking the MLB to reconsider territorial rights as they relate to the Oakland A’s. If the Oakland A’s were to relocate here, many significant economic benefits would come to our area, including new jobs and sales tax revenues. DISCUSSION: Attached is a letter addressed to Mayor Page from Dave Cortese, County of Santa Clara Supervisor, District Three, asking the City of Saratoga to consider supporting the release of territorial rights by adopting a resolution of support. Also attached, are letters of support and resolutions from Liz Kniss, President, Board of Supervisors and Chuck Reed, Mayor of the City of San Jose. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): 97 2 N/A FOLLOW UP ACTION(S): Mail letter of support and copy of adopted signed resolution to the Major League Baseball Commissioner. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A – Resolution of Support Attachment B – Letter from Dave Cortese, SCC Supervisor, District Three Attachment C – Letter & Resolution from Liz Kniss, President, Board of Supervisors Attachment C – Letter & Resolution from Chuck Reed, Mayor of San Jose 98 RESOLUTION NO. 09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING THE EFFORT TO BRING MAJOR LEAGUE BASEBALL TO SANTA CLARA COUNTY WHEREAS, the County of Santa Clara (County) would reap significant economic development by the relocation of Major League Baseball’s franchise, the Oakland Athletics, to the County; and WHEREAS, the San Francisco Giants currently have territorial rights to the County of Santa Clara, which were granted in 1992, as they were considering a move to the County of Santa Clara; and WHEREAS, the Oakland Athletics were gracious and cooperative in 1992 when asked to agree with the assignment of the territory for a new Giants stadium that was never built; and WHEREAS, the County’s rights of self-determination, autonomy and independence in entering into a relationship with a Major League sports team are being compromised through an arbitrary decision over which it has no control; and WHEREAS, the Oakland Athletics have identified the City of San Jose as their principal choice for their new location; and WHEREAS, the proposed site is immediately accessible by multiple transportation options, including bus, lightrail, CalTrain, and soon, High Speed Rail and Bart; and WHEREAS, a Major League Baseball team in the City of San Jose would be a great benefit to our entire community; and WHEREAS, Major League Baseball’s territorial rights may be changed or amended by Major League Baseball owners at any time. NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby respectfully request that Major League Baseball, with whatever means possible and appropriate, eliminate the Giants exclusivity to the County of Santa Clara. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of May 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Chuck Page, Mayor ATTEST: _____________________________ Ann Sullivan, City Clerk 99 100 DAVE CORTESE COUNTY OF SANTA CLARA SUPERVISOR, DISTRICT THR.EE COUNTY GOVERNMENT CENTER. EAST WING 70 WEST HEDDING STREET 10TH FLOOR SAN JOSE, CALIFORNIA 95110 TEL; (408) 299-5030 • FAX; (408) 298·6637 dave,cortese@bos.sccgov org· www.supervisorcortese.org April 17, 2009 Chuck Page Mayor City of Saratoga 13777 Fmitvale Ave. Saratoga, CA 95070 Dear Mayor Page, As you know, the County of Santa Clara is very excited at the interest expressed by Oakland Athletics's owner Lew Wolff to locate the Oakland A's in the South Bay. In a show of support for the idea, the Board of Supervisors approved a letter and resolution to Major League Baseball Commissioner Bud Selig, asking the MLB to reconsider territorial rights as they relate to the Athletics, Inarguably, many Significant economic benefits would come to our region, including new jobs and sales tax revenues, were the Oakland A's to relocate here, If ever there was an economic development issue around which the cities of our county should unite, it's this issue. In order to continue the momentum of this fantastic opportunity, I respectfully ask you to consider agendizing for approval a resolution from your city, in support of the release of territorial rights, The City of San Jose has already approved such a resolution, which I have enclosed for your convenience, as well as the resolution adopted by the Board of Supervisors. MLB needs to appreciate that the South Bay (an provide an ampl'" fan base and unique assets in terms of physical location (such as proximity to transit), were a baseball franchise to locate down here. Despite these challenging times, opportunity continually presents itself for the County to be a leader in economic development and the provision of amazing recreational resources for our residents, I believe we should seize such opportunities and I hope you share in that belief. If you have questions on this or any matter, I hope you will not hesitate in contacting me. Thank you for your consideration. ~&- Dave Cortese County Supervisor -Third District cc: City Council 101 Dave Cortese county of Santa Clara Supervisor, District Three Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, California 951 10 Tel; (408) 299-5030 Fax; (408) 298·6637 TDD 993-8272 VIA E~MAIL AND U.S. MAIL Mr. Bud Selig Major League Baseball 777 E. Wisconsin Avenue, Suite 3060 Milwaukee WI 53202 Re: SANTA CLARA COUNTY TERRITORIAL RIGHTS Dear Mr. Selig: April 7, 2009 As you are aware, circumstances have prompted the management of the Oakland Athletics to seek a new stadium site in a different city. One of the cities being discussed Is San Jose. However, I understand that one of the objections to the Athletics coming to San Jose Is that the Giants will not release the claimed territorial rights they enjoy in Santa Clara County. This part of Northern California has two primary economic markets, based upon demographics and Income level, which are San Francisco and Silicon Valley. The Giants currently enjoy territorial rights In the three wealthiest counties -San Francisco, San Mateo, and Santa Clara. These include the third and fourth largest cities in California (San Jose and San Francisco). The Giants also have territorial rights to Monterey and Santa Cruz Counties. When the Giants obtained its territorial rights to San Jose in 1992, it was based upon the assumption that the Giants were going to move from one wealthy enclave to another; namely, from San Francisco County to Santa Clara County. At that paint, it was logical for the Giants to retain territorial rights over the two key markets, particularly Santa Clara County, in light of the proposed tranSition. At such time, the Oakland Athletics cooperated with Major League Baseball and the Giants, and did not seek any compensation for the territory In order to assist the Giants In relocating to Santa Clara County, which would leave the vacated San FranciSCO market area, effectively, exclusively available to the Oakland Athletics. However, that plan never came to fruition. Instead, the Giants elected to stay In San Francisco and build a new stadium. With that facility, the Giants are back to where they were in the 1960s, 19705 and 1980s (I.e., based in San Francisco). There was no need In those days for the Giants to have territorial rights to Santa Clara County. The same is true today. Most importantly, while we appreCiate franchise boundaries set up by Major League Baseball, neither Major League Baseball nor the Giants, should be able to strip cities or counties of their independent right to negotiate contracts, pursue development, and form aSSOCiations to bolster the local economy for its citizens. As the City of San Francisco has experienced a resurgence around the new Giants ballpark, so, too, should Santa Clara County be able to soliCit Major League sports teams so its citizens can benefit from the jobs, development, revitalization, growth, and city spirit associated with the presence of a successful Major League sports team, 102 Mr. Bud Selig April 7, 2009 Page 2 Santa Clara County now has the opportunity to actively pursue attracting the Athletics to this County. The proposed site in San Jose is immediately accessible by bus, lightrail, Cal Train, and, soon, High Speed Rail and BART. It is also in close proximity to major highways/freeways. The proposed site is also attractive because of Its downtown location. It makes economic, logistical, and regional developmental sense to have the Athletics in San Jose. One of the obstacles to the success of such an endeavor is that the Giants repeatedly reference having territorial rights over Santa Clara County. This gauntlet is thrown down in each instance, as though Santa Clara County was indentured to the Giants Organization and has no rights of self-determination, autonomy, independence, or for its' ability for growth and development in this arena. The citizens of Santa Clara County are not indentured servants to the Giants Organization. We respectfully request that the Giants, as a showing of good faith and fair dealing, voluntarily relinquish or share (as done in other major cities) the purported territorial rights to ownership of Santa Clara County that we originally granted to facilitate the Giants's relocation to Santa Clara County or, alternatively, Major League Baseball eliminate the Giants's exclusivity to Santa Clara County. In the long run, a successful Major League franchise in Santa Clara County is In the best interest of baseball, as it will help bolster and benefit the sport as a whole. Sincerely, f!::!f!~ SVjfa;; DAVID CORTESE Supervisor, Third District ~EC:YCLEO PAPlm .oG>G> t, Board of Supervisors 4 K GEORGE SHIRAKAWA Supervisor, Second District KEN YEAGER Supervisor, Fourth District 103 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTYOF SANTA CLARA REQUESTING MAJOR LEAGUE BASEBALL ACT ON THE ISSUE OF TERRITORIAL RIGHTS IN THE COUNTY OF SANTA CLARA WHEREAS, the County of Santa Clara would reap significant economic development by the relocation of Major League Baseball's franchise, the Oakland Athletics, to San Jose; and, WHEREAS, the San Francisco Giants currently have territorial rights to the County of Santa Clara, which were granted in 1992, as they were considering a mOve to the County of Santa Clara; and, WHEREAS, the Oakland Athletics han identified the City of San Jose as their prinCipal choice for tbeir new location; and, WHEREAS, the proposed site is hnmediately acceSSible by multiple transportation options, including bus, ligbtrail, CalTrain, and soon, High Speed R1Iil and BART; and, WHEREAS, the County (lfSanta Clara's rights ofself-determination, autonomy and independence in entering into a relationship with a Major Leagne sports team are being compromised througb an arbitrary decision over which it has no control; and, WHEREAS, the Oakland Athletics were gracions and cooperative in 1992 when asked to agree with tbe assignment of the territory for a new Giants stadium that was never huilt; and, WHEREAS, the County of Santa Clara is one of two primary economic markets in Northern California and includes San Jose, which is the largest city in the region and third largest city in California; and, WHEREAS, Major League Baseball has convened a blue ribbon panel of stadium experts to determine the best possible location for the Oakland Athletics inclnding sites in the County of Santa Clara; NOW, THEREFORE, BE IT RESOL YED that the Board of Supervisors does hereby respectfully request that Major Leagne Baseball, with whatever means possible and appropriate, eliminate the Giants exclusivity to the County of Santa Clara. PASSED AND AJJtlPT.rul by the Board of Supervisors of the County of Santa Clara, State of California, on APR U { i::lIU~ , by the following vote: AYES : Snpervisors: CORTESE. GAGE, KNISS. sr{l'";AKAWA, YEA:;"J ~ NOES : Supervisors: None ~ ")-;;,/ :c.- ABSENT: Supervisors: None ... ~ Signed and certified that a copy of this document has been delivered by electronic or otber means to tbe President, Board of Supervisors. 1JiEST:. 1M ~~ !(j.!{( rl os Clerk of tbe Board of Supervisors _.-" LIZ KNISS, President Board of Supervisors ~~:---. County Cou APR n 72009 104 CAPITAL OF SILICON VALLEY April 14,2009 Bud Selig Commissioner Major League Baseball 777 E Wisconsin Avenue, Suite 3060 Milwaukee, WI 53202 Dear Mr. Selig: MAYOR I am writing to reconfirm San Jose's strong interest in having the A's build a ballpark in San Jose. Enclosed is an October 2004 Resolution of the Council of the City of San Jose supporting the effort to bring major league baseball to San Jose. On April 7th, by a unanimous vote, the City Council reaffirmed its enthusiasm for supporting the A's efforts to move to San Jose and approved preparation of another resolution of support. I will forward that resolution to you once it has been prepared. As the Capital of Silicon Valley, the Innovation Center of the World, San Jose would be a great place for Major League Baseball to have a team. Good weather, great fans, high household income and a World Series class corporate base would make San Jose the perfect home for the A's. What we need now is permission from MLB for the A's to move. We recognize that designation ofteITitorial rights for teams is a decision that belongs to MLB, and ifthere is any information you need from us for your review of the A's stadium issues, please do not hesitate to call me. I will be on deck. ~~ Chuck Reed Mayor CC: San Jose City Council 200 East Santa Clara Street, 18th floor, San Jose, CA 95113 tel (408) 535-4800 fox (408) 292-6422 www.sjmayor.org ~ o"J'~,~ 105 RD:NKS:ERD 10/5/2004 RESOLUTION NO. 72344 .A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE SUPPORTING THE EFFORT TO BRING MAJOR LEAGUE BASEBALL TO SAN JOSE WHEREAS, Major League Baseball declared the City of San Jose to be part of San Francisco Giants territory in 1992; and WHEREAS, these unique territorial rights prohibit a MajorLeague Baseball team from moving to the City of San Jose; and WHEREAS, no other major population center with two Major League Baseball teams has restrictive territorial rights; and WHEREAS, a Major League Baseball learn In the City of San Jose would be a great benefil to our entire community; and WHEREAS, a Major League Baseball team In the City of San Jose, the Capital of Silicon Valley and the largest city in Northern California, would be a great benefit to' Major League Baseball; and WHEREAS, Major League Baseball's territorial rights may be changed or amended by Major League Baseball owners at any time; NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OFTHE CITY OF SAN JOSE THAT: 1. The City Council declares that the City of San Jose should be freed of restrictive territorial rights and shoUld be considered a premier location for a Major League Baseball team. T-1021276351.doo 1 , 106 RD:NKS:ERD 10/5/2004 RES. 72344 2. The CilY Council requests the owners of Major League Baseball to rebonsider its territorial rights policy at the nextpossibie opportunity. ADOPTED this 5TH day of October, 2004, by the following vote: AYES: NOES': ABSENT: CAMPOS, CHAVEZ, CHIRCO, CORTESE, DANDO, GREGORY, LeZOTTE, REED, WIL.LlAMS, YEAGER, GONZALES NONE NONE DISQUALIFIED: NONE ATTES . T ·1021 276351.doc 2 RON GONZALES' Mayor. 1-·· 1 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson ________________________________________________________________________ SUBJECT: Ordinance amending the City Code to allow the City Council to adopt rules of parliamentary procedure by resolution and clarify procedures for addressing the City Council and Resolution adopting rules of procedure. RECOMMENDED ACTIONS: 1. Adopt Ordinance amending the City Code to allow the City Council to adopt rules of parliamentary procedure by resolution and clarify procedures for addressing the City Council; and 2. Adopt Resolution adopting rules of parliamentary procedure. BACKGROUND: On April 15, 2009, the City Council conducted a public hearing, introduced the Ordinance and directed staff to place the Ordinance and Resolution on the Consent Calendar for adoption. The Resolution has been revised since initially presented to the City Council to include a technical amendment to the Norms of Operation and Rules of Order and Procedure for the City Council to delete that document’s reference to Roberts Rules of Order. FISCAL IMPACTS: No significant fiscal impacts. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The existing rules of parliamentary procedure would remain in effect. ADVERTISING, NOTICING AND PUBLIC CONTACT: This matter was noticed at the time the agenda was posted. ATTACHMENTS: Attachment A – Proposed Ordinance Attachment B – Proposed Resolution (including proposed Rules of Parliamentary Procedure) 107 1 ORDINANCE NO. __________ AN ORDINANCE AMENDING ARTICLE 2-10 OF THE SARATOGA CITY CODE CONCERNING CITY COUNCIL PROCEDURES THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. In order to promote public participation in City decision making, it is in the public interest to have clear and understandable rules of procedure for meetings of the City Council and City Commissions. B. The City Code currently requires use of Roberts Rules of Order for all matters of parliamentary law. While these rules can be very effective for governing large assemblies, they are not tailored to local government proceedings. C. In light of recent research on effective meeting procedures and public participation it is appropriate for the City Code to provide the City with flexibility to adopt rules of procedure suited to current circumstances. D. This ordinance would replace the requirement for use of Roberts Rules of Order with a requirement allowing the City Council to adopt rules of procedure by resolution and would make other amendments to the City Code to streamline and clarify procedures for addressing the City Council. E. On April 15, 2009, the City Council conducted a public hearing at which all interested persons had an opportunity to be heard to consider the amendments that follow. SECTION 2. Adoption. A. The Saratoga City Code is hereby amended by adding the text shown in bold italics (example) and deleting the text shown in strikeout (example) in the sections listed below: 2-10.120 Rules of debate. The following rules shall be observed in debate in the City Council: (a) Getting the floor. Every Council member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine all remarks to the question under debate. 108 2 (b) Interruptions. A Council member, once recognized, shall not be interrupted when speaking unless it be on a point of order or as otherwise provided in this Article. If a point of order is raised while a Council member is speaking, the Council member shall cease speaking until the question of order is determined and, if in order, the Council member shall be permitted to proceed. (c) Closing debate. Debate on any matter may be closed upon motion adopted by a majority of Council members present at the meeting. (d) Rules of order. Except as otherwise provided in this Article, proceedings of the City Council shall be governed under Robert's Rules of Order on all matters pertaining to parliamentary law procedures adopted by a resolution of the City Council and on file in the office of the City Clerk. No action of the City Council shall be invalidated nor the legality thereto affected by the failure or omission to observe or follow the rules of debate or Robert's Rules of Order other procedures as provided in this Section. 2-10.130 Communications to City Council. (a) Any person desiring to address the City Council at a City Council meeting shall first secure the permission of the presiding officer; provided, that under the following headings of business, unless the presiding officer rules otherwise, any qualified and interested person shall have the right to address the City Council upon obtaining recognition by the presiding officer: (1) Regular and adjourned regular meetings. a. Written communications. Members of the public may address the City Council by written communication. If copies of such communications are furnished to each Council member present, such written communications need not be read aloud at the meeting unless so ordered by a majority vote of the City Council. b. Oral communications. 1. Agendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2- 10.080(b)(3), on any item on the agenda, before or during consideration of that item. 2. (2) Nonagendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2- 10.080(b)(3), on any nonagendized matter within the subject matter jurisdiction of the City Council, that 109 3 is, over which the City Council has control; provided, that preference shall be given to those persons who may have notified the City Clerk in advance of their desire to speak. 3. (3) Public hearings. Members of the public may address the City Council, subject to any time limits set pursuant to Section 2-10.080(b)(3), relating to the matter which is the subject of the public hearing, provided that once the public hearing has closed, the public may no longer address the City Council on that matter unless the City Council reopens the public hearing. (2) Special meetings. Members of the public may address the City Council at a special meeting by oral communication subject to any time limits set pursuant to Section 2-10.080(b)(3), only on items agendized for that meeting, unless otherwise permitted by a majority vote of the City Council. (b) Each person addressing the City Council shall stand and give his name and address in an audible tone of voice for the record, and shall speak into the microphone provided at all times that the electronic public address system is in operation. All remarks shall be addressed to the City Council as a body and not to any individual member thereof. No person, other than the City Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council without the permission of the presiding officer. (c) The following rules shall be applicable to written communications to the City Council: (1) Written communications to the City Council shall be distributed to the City Council at or prior to the next regular City Council meeting following receipt of the communication by the City Clerk except that written communications pertaining to a matter to be considered at a meeting other than a regular meeting shall be distributed to the City Council at or prior to that meeting. Written communications received by the City Clerk after 5:00 p.m. on the day of a City Council meeting are not required to be distributed at that meeting unless ten copies are delivered to the City Clerk at the meeting. Copies of written communications distributed to the Council shall be available for public review in the office of the City Clerk. particular matter for City Council discussion shall be read by the Council at the time of such discussion rather than under the agenda item of “written communications.” 110 4 (2) Written communications from the City staff shall not be read aloud unless requested by the writer or any a Council member. (3) Anonymous communications shall not be read. (4) The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. (5) After a motion is made by a Council member, no person shall address the Council without first securing the permission of the Council to do so. SECTION 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. SECTION 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [Continued next page] 111 5 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 15th day of April, 2009, and was adopted by the following vote following a second reading on the 6th day of May, 2009: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: MAYOR: _________________________________ _____________________________ Ann Sullivan, Chuck Page, CLERK OF THE CITY OF SARATOGA MAYOR OF THE CITY OF SARATOGA APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 112 1 RESOLUTION NO. 09- _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING RULES OF PROCEDURE FOR THE CITY COUNCIL AND ALL CITY COMMISSIONS EXCEPT THE PLANNING COMMISSION WHEREAS, the California League of Cities (“League”) has consistently worked to promote effective local government, efficient decision-making, and informed public participation. WHEREAS, as part of these efforts the League in 2003 published “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century.” WHEREAS, these procedures are generally comparable to those currently in use by the City Council and City Commissions and are presented in a form that is easier to understand and apply than the formal rules currently in effect in the City. WHEREAS, on May 6, 2009 the City Council amended the City Code to authorize the City Council to adopt rules of procedure. WHEREAS, this resolution adopts Rosenberg’s Rules of Order with modification to reflect custom, practice, and specific code requirements in Saratoga as the rules of procedure for the City Council and all City Commissions except the Planning Commission and further recommends that the Planning Commission adopt comparable rules. THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY RESOLVES AS FOLLOWS: 1. As of June 8, 2009, the rules of procedure for the City Council and all City Commissions except the Planning Commission shall be as set forth in Attachment A to this resolution. These procedures shall be included as an attachment to the City Council Norms of Operation and Rules of Order and Procedure for the City Council as last amended by Resolution 08-069 on November 5, 2008 and Section 1.A of that resolution shall be amended as follows: A. City Council Meetings shall be run following the outline listed in Section 6.B. of this document. Each item shall be introduced by the Mayor and heard in accordance with the Rules of Parliamentary Procedure attached hereto as Exhibit A, followed by a staff report and either a public hearing or public comment period. After close of public comments, the City Council will deliberate the matter following Roberts Rules of order. The Mayor may entertain a general discussion of the item before a motion is offered. 2. Under the City Code the Planning Commission is authorized to establish its own rules of procedure. Accordingly, the City Council has not adopted rules applicable 113 2 to the Planning Commission but recommends that the Commission adopt the foregoing rules of procedure in order that consistent procedures be used in all City proceedings. PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 6th day of May 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Chuck Page, Mayor ATTEST: ___________________________________ Ann Sullivan City Clerk 114 1 CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE1 Saratoga’s rules of parliamentary procedure are supported by the following four principles: 1. Rules should establish order. The first purpose of the rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly. That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of the rules of procedure is to encourage discussion and to facilitate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other members of the body in debates and discussions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a member of the body, the chair has full rights to participate in debates, discussions and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. 1 These rules of parliamentary procedure are based on “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century” written by Dave Rosenberg and published by the League of California Cities in 2003. The procedures set forth in Rosenberg’s have been modified slightly to reflect custom, practice, and specific code requirements in Saratoga. While these rules have been drafted to conform to requirements of State law and the Saratoga City Code, in the event of a conflict between these procedures and those laws, the laws shall govern. 115 2 The Basic Format for an Agenda Item Discussion All City Council and Commission meetings have a written, published agenda. The meeting is governed by the agenda and the agenda constitutes the agreed-upon road map for the meeting. Each agenda item should be handled by the chair in the following basic format. First, the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. If any member of the body has a conflict of interest, that member announces the conflict and need for recusal and leaves the dais at this time. Second, following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, a staff person, or a committee chair charged with providing information about the agenda item. Third, the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal public hearing, open the hearing. Speakers are typically limited to 3 minutes; shorter time limits may be imposed if numerous members of the public indicate a desire to speak to the subject. At the conclusion of the public comments, the chair should announce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth, the chair should invite members of the body to make remarks on the matter. This is an opportunity for members of the body to state their views on the subject before any formal motions are made. Sixth, the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Seventh, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Eighth, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 116 3 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Ninth, the chair should now invite discussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to repeat the motion. If there has been substantial discussion, it is normally best to make sure everyone understands the motion by repeating it. Tenth, the chair takes a vote. Simply asking for the “ayes” and then the “nays” is normally sufficient. If members of the body do not vote, then they “abstain.” Unless specific laws or procedures provide otherwise, a simple majority determines whether the motion passes or is defeated. Eleventh, the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all future meetings of this governing body.” Motions in General Motions are the vehicles for decisionmaking. It is usually best to have a motion before the governing body prior to discussing an agenda item, to help everyone focus on the motion before them. The chair usually initiates the motion by: 1. Inviting the members to make a motion: “A motion at this time would be in order.” 2. Suggesting a motion to the members, for example: “A motion would be in order that we give 10-days’ notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. 117 4 The Three Basic Motions Three motions are the most common: 4. The basic motion. The basic motion is the one that puts forward a decision for consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” 5. The motion to amend. If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. 6. The substitute motion. If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would “move a substitute motion.” A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substitute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair determines it is really a substitute motion, the chair’s designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee, to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows. 118 5 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (10-member committee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion may contain a specific time in which the item can come back to the body: “I move we table this item until our 119 6 regular meeting in October.” Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate. The most common form of this motion is to say: “I move the previous question” or “I move the question” or “I call for the question.” When a member of the body makes such a motion, the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two-thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super-Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a five-member body, a vote of 3-2 passes the motion. A vote of 2-2 with one abstention means the motion fails. If one member is absent or recused and the vote is 2-2, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super- majority) to pass: Motion to limit debate. Whether a member says, “I move the previous question,” “I move the question,” “I call for the question” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two- thirds vote to pass. Motion to close nominations. When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. 120 7 Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. The standards for reconsideration are set forth in the City Code. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in question, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be: “Point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order. The proper interruption would be: “Point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. 121 8 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, “Let’s return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined here help make meetings very public-friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participation in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. The rules presented here for conducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. P:\SARATOGA\RESOLUTI\Rosenberg'sRules of Order2ndReading050609 (04-23-09).doc 122 1 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick DIRECTOR: John F. Livingstone, AICP SUBJECT: Adoption of Ordinance Amending the Zoning Regulations to (1) extend the waiver of off-street parking requirements in the CH1 and CH2 Zoning Districts, (2) make various clarifying amendments, and (3) amend Article 15- 90 to conform appeals of Planning Commission decisions with previous amendments to Section 2-05.030 concerning appeals to the City Council. (CONSENT ITEM) RECOMMENDED ACTION: Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Off-Street Parking and Loading Facilities and Appeals. REPORT SUMMARY: On April 15, 2009, the City Council conducted a public hearing and approved a negative declaration for the proposed ordinance and introduced the ordinance and directed staff to place the matter on the consent calendar at the next Council meeting. The proposed ordinance is attached. The proposed amendments would: · Extend the existing off-street parking waiver in the C-H Zoning Districts from February 28, 2009 to February 28, 2012. · Replace the existing example for deducting surplus floor area with a more thorough example. · Clarify language used to calculate the parking requirements for uses that increase gross floor area and for uses that do not increase floor area. · Make minor grammatical changes to clarify ambiguous language without changing the intent. · Add subsection titles for ease of reference. · Amend Article 15-90 to conform appeals of Planning Commission decisions with last year’s amendments to Section 2-05.030 concerning appeals to the City Council. 123 2 FISCAL IMPACTS: There are no negative fiscal impacts. The parking waiver extension may stimulate business activity in the Village thereby increasing sales tax revenue to the City. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The existing surplus floor area allocation for off-street parking requirements in the Village will expire, which may decrease incentives for new businesses to locate in Saratoga. Furthermore, ambiguous language in the code will remain difficult to interpret and the Planning Commission appeals procedures will be inconsistent with City Code Section 2-05.030. ALTERNATIVE ACTION: Provide staff with alternative direction. FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Proposed Ordinance amending the Zoning Regulations related to Off-Street Parking and Loading Facilities and Appeals P:\SARATOGA\RESOLUTI\Village Parking\05-06-09 Village Parking 2nd Reading Staff Report.doc 124 1 ORDINANCE __________ An Ordinance amending the Saratoga Municipal Code to amend and clarify existing provisions of the City Code regarding off-street parking and loading facilities and appeals Findings 1. The City of Saratoga wishes to update the rules and standards applicable to appeals and off- street parking and loading facilities in the City of Saratoga. 2. The Planning Commission of the City of Saratoga considered a range of amendments to the City Code and following a public hearing on March 11, 2009 recommended adoption of this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Articles 15-35 and 15-90 of the Saratoga City Code are hereby amended as set forth in Attachment A. Text to be added is indicated in underlined font (i.e. underlined) and text to be deleted is indicated in strikeout font (i.e. strikeout). Text in standard font remains unchanged. Sections within an Article that are not included in Attachment A are unchanged from the existing Code. Section 2. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act. The City Council has adopted a resolution approving a Negative Declaration regarding the proposed amendments to the City Code concerning parking. The ordinance amendments relating to City Council appeal procedures are Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(3) because it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here it can be seen with certainty that there is no possibility the procedural amendments may have a significant effect on the environment and therefore the activity is not subject to CEQA. 125 2 Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 15th day of April, 2009, and was adopted by the following vote following a second reading on May 6th, 2009: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Chuck Page, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 126 3 ATTACHMENT A PROPOSED AMENDMENTS TO CITY OF SARATOGA OFF-STREET PARKING AND LOADING FACILITIES ORDINANCE AND APPEALS PROCEDURE Zoning Ordinance Update ZOA 09-0001 Proposed amendments to the referenced sections of the City Code are shown below. Text to be added is underlined (example) and text to be deleted is shown in strikeout (example). Text in standard font is not changed. Village Parking Ordinance Extension and Technical Amendments 15-35.010 Purposes of Article. In order to alleviate or prevent traffic congestion and shortage of curb spaces, off-street parking and loading facilities shall be provided as required by this Article. The number of parking spaces and the number of loading berths prescribed in this Article, or to be prescribed by the Planning Commission, shall be in proportion to the need for such facilities created by the particular type of use. Off-street parking and loading areas shall be laid out in a manner to ensure their usefulness, protect the public safety and, where appropriate, insulate surrounding land uses from their impact. 15-35.020 General requirements and regulations for off-street parking spaces. (a) Off-Street Parking Requirements: At the time of initial occupancy of a site or structure or at the time of an alteration or enlargement of a site or structure, there shall be provided off-street parking spaces for automobiles in accord with the schedule of off-street parking space requirements for the type and extent of use at the site or structure as prescribed in Section 15- 35.030. For the purposes of this Section, the term “alteration or enlargement” shall mean a change of use or an addition which would increase the number of parking spaces required above the total number required prior to such change or addition. The number of parking spaces provided for an alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in Section 15-35.030, in which instance, the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the alteration or enlargement. (b) Fractional Numbers: Except as otherwise specifically provided, if If, in the application of the requirements of this Article, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half. (c) Multiple Uses: If more than one use is located on a site or structure, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this Article for each 127 4 use. (d) Common Parking Facilities: The off-street parking requirements of this Article may be satisfied by a common parking facility; provided, that the total number of spaces shall be not less than the sum of the individual requirements, and provided further, that a contract between the parties setting forth the agreement for joint use of a common parking facility is recorded in the office of the County Recorder and a certified copy there is filed with the City. (e) Floor Area Calculations: Where parking requirements are determined by floor area, such area shall not include enclosed or covered areas used for off-street parking or loading or interior courts of a building not occupied by a use for which off-street parking is required, but such floor area shall include any exterior balcony used as the sole means of access to a business establishment and any basement, or portion thereof, occupied by a use for which off-street parking is required. (f) Additional Requirements: The Planning Commission may require that off-street parking spaces in excess of the number prescribed in Section 15-35.030 be provided for use on a site or structure, if the Commission finds that such additional spaces are necessary to avoid traffic congestion or shortage of curb spaces. (g) Other Uses: For a use not specifically listed in Section 15-35.030, the number of off-street parking spaces shall be determined by the Planning Commission or the Community Development Director, based upon the number of spaces required for the most similar specified use and such information as may be available to the Planning Commission or the Community Development Director concerning the parking requirements of the proposed use. (h) Location of Parking: In all districts except a C-H district, the off-street parking spaces prescribed in Section 15-35.030 shall be located on the same site as the use for which the spaces are required, or on an adjacent site or a site separated only by an alley from the use for which the spaces are required. In a C-H district, the off-street parking spaces prescribed in Section 15- 35.030 may be located within three hundred feet of the use for which the spaces are required, measured by the shortest route of available to be used for pedestrian access. (i) Compact Parking Spaces: With respect to any site or structure located within a C-N, C-V, C-H, P-A, R-M or MU-PD district, not more than twenty-five percent of the number of required off-street parking spaces may consist of compact parking spaces. If, in the application of this subsection, a fractional number is obtained, one compact parking space may be provided for a fraction of more than one-half and one standard parking space shall be provided for a fraction of one-half or less. (j) No Vehicle Repair: No repair work or servicing of vehicles shall be conducted in any parking area. (k) Surplus Parking in C-H District: Notwithstanding any other provision of this Code, for applications deemed complete between March 1, 2006 and February 28, 200912, no off-street parking shall be required of any new, altered, or enlarged site or structure in any C-H district until such time as a total of forty-one thousand eight hundred fifty square feet of gross floor area beyond that existing on March 1, 2006 (“surplus floor area”) has been constructed or otherwise allocated as set forth below in the C-H districts. This provision shall be administered as follows: (1) Allocation Procedure: Surplus floor area shall be allocated on a first-come, first-served basis, based on the date that the application submittal is deemed complete by the Community Development Department; (2) New Site or Structure: The amount to be deducted from the surplus floor area for a new or enlarged site or structure shall be the increased gross floor area calculated using the methodology 128 5 for determining gross floor area in subsection (e) of this Section; (3) Alteration that Increases Floor Area: The amount to be deducted from the surplus floor area for an alteration to an existing site or structure that increases the gross floor area of that site or structure shall be the difference between the new gross floor area and the existing gross floor area determined in accordance with subsection (e) of this Section. (34) Change in Use that Does Not Increase Floor Area: The amount to be deducted from the surplus floor area for a change in use in or alteration to an existing site or structure that does not increase the gross floor area of that site or structure shall be determined as follows: The number of parking spaces required for the change in use, as determined by the off-street parking space requirements prescribed in Section 15-35.030, shall be multiplied by four hundred fifty square feet (450 SF) to determine the “changed use area”. based on the gross floor area subject to the change in use reduced by four hundred fifty square feet for each parking space allocated to the prior use. This shall be calculated as follows: The total square footage subject to the change in use or alteration (“changed use area”) shall be the gross floor area of that portion of the site or structure determined in accordance with subsection (e) of this Section. The existing parking credit shall be calculated by determining t The number of parking spaces allocated to the prior use of the area proposed for a change in use or alteration and shall be multiplied ying that number by four hundred fifty square feet (450 SF) to determine the existing parking credit. The amount to be deducted from the surplus floor area shall be the changed use area minus the existing parking credit. For example: if a change in use requires 4 parking spaces, then the changed use area is equal to 1,800 SF. If the previous use required 1 parking space, then existing parking credit is 450 SF. The surplus floor area to be deducted would be 1,350 SFfor a proposed change in use of a two thousand square foot structure with four parking spaces allocated to the prior use, the changed use area would be two thousand square feet and the parking credit would be one thousand eight hundred square feet (four parking spaces multiplied by four hundred fifty square feet); this means that the amount of surplus floor area allocated to the change in use would be two hundred square feet (the two thousand square foot changed use area minus the one thousand eight hundred square foot parking credit). (5) Exception for Parking Districts: Notwithstanding the foregoing subsection (4), above, no deduction from the surplus floor area shall be made or required for any change in use in or alteration to an existing site or structure within a City parking district that does not increase the gross floor area of that site or structure. (64) Removal of Allocation: Allocation of surplus floor area to an application shall be removed at such time as the application is denied or withdrawn and, for applications that are approved, upon the expiration of that approval. If an application is modified by the applicant or the approval in a manner that changes the gross floor area associated with the application, the allocation shall be adjusted accordingly; (75) Allocation Monitoring: The Community Development Department shall monitor and maintain an account showing the amount of surplus floor area that has been allocated pursuant to this Section and the amount that remains to be allocated; and (86) Projects in Excess of Available Allocation: Any proposed new, altered, or enlarged site or structure in any C-H district that would add more gross floor area than the remaining surplus floor area shall comply with the off-street parking requirements set forth in subsection (a) of this Section and elsewhere in this Code as to the excess floor area unless the applicant applies for and pays the costs of a parking study to be completed by the City Traffic Engineer and that study is approved by the Planning Commission and determines that excess parking capacity is available 129 6 in the C-H districts and recommends that the amount of surplus floor area be increased at least by an amount that would accommodate the proposed new, altered, or enlarged site or structure. Appeal Procedures Technical Amendment 15-90.070 Review by City Council. (a) Schedule of hearing; notice. Appeals to the City Council shall be scheduled, noticed, and otherwise proceed in accordance with Section 2-05.030 except as specifically provided otherwise in this Code. Upon receipt of the notice of appeal and payment of the filing fee, or upon an appeal being initiated by members of the City Council, the City Clerk shall schedule the matter for hearing at the next available regular meeting of the City Council to be held within thirty days after the date on which the notice of appeal is filed. The City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code, except that such notice shall be mailed or delivered to all persons shown on the latest available assessment roll as owning any real property within five hundred feet of the real property that is the subject of the hearing. (b) Conduct of hearing by City Council. The City Council shall conduct a de novo review on the appeal, but no public hearing shall be required unless the decision by the Planning Commission was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (c) Decision by City Council. The City Council may affirm, reverse or modify the decision of the Planning Commission, and may refer the matter back to the Planning Commission for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a decision by the Planning Commission, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom. P:\SARATOGA\RESOLUTI\Village Parking\Parking Ordinance for 05-06-09 Meeting.doc 130 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst SUBJECT: Traffic Safety Commission Meeting Schedule RECOMMENDED ACTION: Move to adopt the resolution approving a revised meeting schedule. REPORT SUMMARY: Background: On February 16, 2008, staff presented a report to Council that asked for the Traffic Safety Commission (TSC) meeting schedule to be increased from every other month to every month because the number of traffic concerns brought before the Commission had increased and meeting times were extended well beyond the recommended two hour limit. To help alleviate long meetings, the Council approved the schedule change. Discussion: Since implementing the change to the TSC, staff would like to return to the previous schedule of meeting every other month for several reasons. First, starting in the second half of 2008, the number of requests brought before the Commission has dramatically decreased. Second, in light of budgetary concerns, a reduction in the number of meetings will reduce the expenditure for the City’s Traffic Engineer. This will make the engineer’s time spent with the Commission more productive and efficient. It will also reduce the staff time spent on meeting preparation and setup. To approve the new meeting schedule the City Council must approve the attached resolution. FISCAL IMPACTS: Anticipated service increases with the Consultant City Traffic Engineer, connected to Neighborhood Traffic Safety Task Force Meetings and Capital Project support, will be offset by a reduction in the number of Traffic Safety Commission Meetings from every month to every other month. 131 Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The TSC would continue to meet every month ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Notify the Traffic Safety Commission and update the website. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution 132 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE TRAFFIC SAFETY COMMISSION TO AMEND ITS MEETING SCHEDULE FROM EVERY MONTH TO EVERY OTHER MONTH WHEREAS, the Traffic Safety Commission’s mission is to investigate, review and analyze issues and make recommendations to the City Council and City staff regarding traffic safety; and WHEREAS, the Traffic Safety Commission works to increase awareness of, and attention to, the traffic safety needs of the Community and the City on services, needs and programs; and WHEREAS, the Traffic Safety Commission will reduce its meeting frequency from every month to every other month NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby amends the Saratoga Traffic Safety Commission’s meeting schedule. PASSED AND ADOPTED by the Saratoga City Council, State of California, thise 6th day of May, 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chuck Page, Mayor ATTEST: Ann Sullivan, City Clerk 133 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: May 6, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, Assistant Planner DIRECTOR: John Livingstone SUBJECT: REQUEST FROM THE HOUSING TRUST OF SANTA CLARA COUNTY FOR FUNDING FOR FISCAL YEAR 09/10 RECOMMENDED ACTION: Direct Staff Accordingly. REPORT SUMMARY: The Housing Trust of Santa Clara County (“Housing Trust”) is requesting $25,000 to support affordable housing in the City of Saratoga and Santa Clara County. DISCUSSION: The Housing Trust is a non-profit community-based organization. The Housing Trust supports affordable housing in Santa Clara County through loans and grants to qualified first-time homebuyers and to developers of affordable multifamily and special-needs rental housing and housing for the homeless. In 2001, the City of Saratoga contributed $25,000 to the Housing Trust. The Housing Trust has indicated that four (4) Saratoga residents received a total of $26,000 in first-time homebuyer funds from the Housing Trust since 2001. In 2003, the City committed $25,000 in funding to the Housing Trust but was unable to grant the funding due to a conflict of interest with a former Councilmember who had provided pro bono accounting services to the Housing Trust. The Housing Trust has received fiscal year 08/09 commitments for funding from the Cities of San Jose, Santa Clara, Monte Sereno, and Mountain View. The Housing Trust is also requesting fiscal year 09/10 funds from other cities in Santa Clara County including the City of Saratoga (Attachment 1). BACKGROUND: The City of Saratoga’s proposed 2007-2012 Housing Element includes a number of policies intended to accommodate the City's fair share of the Bay Area regional housing needs, pursuant to AB 2634 (Statutes of 2006). For example, Policy Action 4-5.3 calls for cooperation with local housing trust and non-profit agencies to provide housing opportunities for lower income households. 134 Page 2 of 2 FISCAL IMPACTS: Funding for this item will be accommodated in the fiscal year 09/10 budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Saratoga may be the only city not contributing funds towards the Housing Trust goals to supports affordable housing in Saratoga and throughout Santa Clara County. ALTERNATIVE ACTION: The Council could deny the request. FOLLOW UP ACTION: Direct the City Manger to disburse funds to the Housing Trust including any conditions for how the money should be spent. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: Letter from the Housing Trust of Santa Clara County 135 136 th~ housing trust OF SANTA CLARA COUNTY 95 S. Ma rket Street, Su ite 5S0 San Jos e, CA 951 13 [p]408.436.3450 [f] 408.436.3454 www.h o us in gt rus t scc.org Dave Anderson City Manager 1377 Fruitvale Ave. Saratoga, CA 95070 Dear Dave: MAR 27 2009 C ITY Or' 0Ar<A TOGA March 26, 2009 The Housing Trust of Santa Clara County (HTSCC) seeks $25,000 from the City of Saratoga for fiscal year (FY) 2010 to support the provision of loans to first -time homebuyers and developers constructing special needs and multi-family rental housing. HTSCC INVESTS IN THE CITY OF SARATOGA Since the Housing Trust first began making loans, we have leveraged your 2001 contribution to HTSCC of $25,000 to reinvest nearly $26,000 in first-time homebuyer loans and $25,000 to Westside Community Services for emergency homeless prevention grants. In 2003 the City of Saratoga made an additional $25,000 commitment to HTSCC, however the contribution was never received due to a conflict of interest pertaining to a past Saratoga Councilmember providing pro bono accounting services to the Housing Trust . Given the absence of any conflict of interest we, in conjunction with our other public donors throughout Santa Clara County, welcome your renewed support of the Housing Trust and look forward to partnering with you in the near future. FUNDING SOUGHT FROM PUBLIC JURISDICTIONS IN SANTA CLARA COUNTY The Housing Trust has received FY09 commitments totaling $782,500 from Santa Clara County and the cities of San Jose, Sant a Clara, Monte Sereno, and Mountain View, and an additional $237,500 in federal funding . For fiscal year 2010 we have i nitiated requests with other cities in an effort to get pa rticipation from each jurisdiction in the county . While we understand the challenging budgetary constrain t s facing local government, it is worth noting that your contribution will leverage additional dollars from our corporate donors and state and federal housing departments to address affordable housing needs in Saratoga . Your contribution will significantly help first-time homebuyers and working fam ilies in Saratoga to secure affordable housing . Please contact Jessica Garcia-Kohl, HTSCC's Associate Director, by phone at (408)436-3450 ext. 222 or by email at jessica@htscc.org .· Respectfully; ~d? =?S<~ Kevin Zwick Executive Director cc: Mayor Chuck Page and Saratoga City Councilmembers