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HomeMy WebLinkAbout CITY COUNCIL AGENDA 2007 03-21 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MARCH 21, 2007 CLOSED SESSION - 5:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE CALL MEETING TO ORDER ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Barbra Powell, Assistant City Manager, Monica LaBossiere, and Human Resource Manager. Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Dave Anderson, City Manager Employee organization: SMO Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Barbara Powell, Assistant City Manager Employee organization: Millman & Industrial Carpenters Loca1262 Conference With Legal Counsel -Initiation of Litigation Gov't Code section 54956.9(c): (2 potential cases). OPEN MEETING - 6:15 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE Discussion -City Council ListServe Participation 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 March 16, 2007) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-AEendized 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 None Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS Introduction of Michael Taylor, Interim Recreation Director CEREMONIAL ITEMS IA. Appointment of Library Commission and Planning Commission Members and Oath of Office Recommended action: Adopt resolution of appointment and administer Oath of Office. IB. Commendation Honoring the World Journal Recommended action: Present commendation. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Check Register for February 6, 2007 Recommended action: Accept check register 2B. Treasurer's Report for the Month Ended January 2007 Recommended action: Accept report. 2C. Resolution Amending Council Agency and AdHoc Committee Liaison Assignments Recommended action: Adopt resolution. 2D. Approval of Extending Expired Two Planning Commissioners and Two Traffic Safety Commissioners Tenns to May 1, 2007 Recommended Action: Approve term extensions. 2E. Agreement for Maintenance of Heritage Orchard Recommended action: 1. Accept report and adopt resolution approving the agreement with Matthew Novakovich for maintenance of the City's Heritage Orchard. 2. Adopt resolution. 2F. Hakone Gardens ADA Facilities Upgrade Project -Notice of Completion Recommended action: Accept Notice of Completion. 2G. Quito Road Bridge Replacements New Cooperative Agreement Recommended Action: Authorize the City Manager to execute a new cooperative agreement with the Town of Los Gatos and the Santa Clara Water District for the Quito Road Bridge Replacements. 2H. Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project (Federal Project STPL-5332-088) -Federal FY 06-07 STP Grant- Extend Existing Contract with Top Grade Construction, Inc Recommended Action: 1. Move to extend the existing Contract with Top Grade Construction, Inc to complete Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase Z Project in the amount of $570,000. 2. Move to authorize additional work in the amount of $40,000. 3. Adopt Budget Resolution. PUBLIC HEARINGS 3. FY 2007-08 Community Development Block Grants (CDBG) Recommended action: Conduct public hearing; adopt resolution authoring staff to submit funding allocations to the Santa Clara County for CDBG proposals totaling $138,090. OLD BUSINESS None 3 NEW BUSINESS 4. Authorization to Issue Request for Conceptual Proposals (RFCP) -North Campus Recommended action: Accept report and authorize issuance of RFCP for the North Campus. 5. Fiscal Year 2006-2007 Mid-Year Operating and Capital Budget Report Recommended action: Review proposed budget adjustments, and adopt resolution approving the amendments to the City's FY 2006/07 operating and capital budgets. 6. Proposed Master Fee Schedule Update for FY 2007/2008 Recommended action: Review staff's recommendations for purposed changes to the FY 2007/2008 Master Fee Schedule and provide direction to staff on purposed fee changes ADHOC & AGENCY ASSIGNMENT REPORTS Mater Aileen Kao Association of Bay Area Government Hakone Foundation Santa Clara County Valley Water Commission West Valley Mayors and Managers Association City School AdHoc Highway 9 Safety Project Committee Vice Mayor Ann Waltonsmith Hakone Foundation Northern Central Flood Control Zone Advisory Board KSAR SASCC Sister City Liaison Highway 9 Safety Project Committee Prospect Road AdHoc Councilmember Chuck Page Chamber of Commerce Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) West Valley Sanitation District West Valley Solid Waste Joint Powers Association Village AdHoc Councilmember Kathleen King County Cities Association Legislative Task Force Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC City School AdHoc Prospect Road AdHoc 4 Councilmember Jill Hunter , County HCD Policy Committee Historic Foundation Library Joint Powers Association Santa Clara County Emergency Council Village AdHoc CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT 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) Ca~rtiftcate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda fo "`the meet' g o .ry Council of the City of Saratoga was posted on March 16, 007, o~' t ity of Sa atoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was vaila e f r public revi w at that location. The agenda is also available on the City's sit at a~wir.sczrato~t.ca.us Signe is 16`" day of arch 2007at Saratoga, California. Cathl , n Boyer, CMC' City erk r I 5 v h~~ ~~ .; CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 4/4 Regular Meeting -Joint meeting with Library Commission and Friends of the Saratoga Libraries 4/18 Regular Meeting -Youth Commission 5/2 Regular Meeting -Joint meeting with Villa Montalvo and Mt. Winery 5/16 Regular Meeting -Joint Meeting with Traffic Safety Commission 6/6 Regular Meeting -Joint Meeting with Planning Commission 6/20 Regular Meeting 7/4 Holiday -Meeting Cancelled 7/18 Regular Meeting 8/1 Regular Meeting 8/15 Summer Recess 9/5 Regular Meeting 9/19 Regular Meeting 10/3 Regular Meeting 10/17 Regular Meeting 11/7 Regular Meeting 11/21 Regular Meeting 12/5 Regular Meeting -Reorganization 12/19 Regular Meeting 6 SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 ORIGINATING DEPT: City Manager PREPARED BY: Richard Taylor City Attorney Dave Anderson SUBJECT: Discussion -City Council ListServe Participation RECOMMENDED ACTION: Informational only. REPORT: N/A ALTERNATIVES: N/A FISCAL IMPACTS: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: Attachment A -Excerpt from California Attorney General's Office Pamphlet & Opinion Page AGENDA ITEM: CITY MANAGER: Dave Anderson DEPT.HEAD: ~, Excerpt From California Attorney General's Office Pamphlet: "The Brown Act: Open Meetings for Legislative Bodies" (Pages 11-13) 2. Serial Meetings The issue of serial meetings stands at the vortex of two significant public policies: first, the constitutional right of citizens to address grievances and communicate with their elected .representatives;. and second, the Act's policy favoring public deliberation by multi-member boards, commissions and councils. The purpose of the serial meeting prohibition is not to prevent citizens from communicating with their elected representatives, but rather to prevent public bodies from circumventing the requirement for open and public deliberation of issues. The Act expressly prohibits serial meetings that are conducted through direct communications; personal intermediaries or technological devices for the purpose of developing a concurrence as to action to be taken. (§ 54952.2(b); Stockton Newspapers, Inc. v. Redevelopment Agency (1985) 171 Ca1.App.3d 95, 103.) This provision raises two questions: first, what is a serial meeting for purposes of this definition; and second, what does it: mean to develop a concurrence as to action to be taken. Typically, a serial meeting is a series of communications, each of which involves less than a quorum of the legislative body, but which taken as a whole involves a majority of the body's members.. For example, a chain of communications involving contact from member A to member B who thencommunicates with member C would constitute a serial meeting in the case of afive-person body. Similarly, when a person acts as the hub of a wheel (member A) and commwaicates individually with the various spokes .(members B and C); a serial meeting has occurred. Tn addition, a serial meeting occurs when intermediaries for board members have a meeting to discuss issues. For example, when a representative of member A meets with representatives of members B and C to discuss an agenda item, the members have conducted a serial meeting tlu-ough their representatives as intermediaries. The statutory definition also applies to situations in whichtechnologica] devices are used to connect people at the same time who are in different locations (but see the discussion below concerning the exception for teleconference meetings). Once serial communications arefound to exist, it must be determined whether the communications were used to develop a concurrence as to action to be taken. If the serial communications were not used to develop a concurrence as to action to betaken, the serial communications do not constitute a meeting and the Act is not applicable.ln construing these terms, one shouldbe mindful of the ultimate purposes of the Act -- to provide. the public with an opportunity to monitor and participate in the decision-making processes of boards and commissions. As such, substantive conversations among members concerning an agenda item prior to a public meeting probably would be viewed as contributing to the development of a concurrence as to the ultimate action to be taken. Conversations which advance or clarify a member's understanding of an issue, or facilitate an agreement or compromise among members, or advance the ultimate resolution of an issue, are all examples of communications which contribute to the development of a concurrence as to action to be taken by the legislative body. Accordingly, with respect to items that have been placed on an agenda or that are likely to be placed upon an agenda, members of legislative bodies should avoid serial communications of a substantive nature concerning such items. Problems arise when systematic communications begin to occur which involve members of the board acquiring substantive information for an upcoming meeting or engaging in debate, discussion, lobbying or any other aspect of the deliberative process either among themselves or with staff. For example, executive officers may wish to brief their members on policy decisions and background events concerning proposed agenda items. This office believes that a court could determine that such communications violate the Act, because such discussions are part of the deliberative process. If these communications are permitted to occur in private, a large part of the process by which members reach their decisions may have occurred outside the public eye. Under these circumstances, the public would be able only to witness a shorthand version of the deliberative process, and its ability to monitor and contribute to the decision-making process would be curtailed. Therefore, we recommend that when the executive director is faced with this situation, he or she prepare a memorandum outlining the issues for all of the members of the board as well as the public. In this way, the serial meeting violation maybe avoided and everyone will have the benefit of reacting to the same information. However, this office does not think that the prohibition against serial meetings would prevent an executive officer from planning upcoming meetings by discussing times, dates, and placement of matters on the agenda. It also appears that an executive officer may receive spontaneous input from any of the board members with respect to these or other matters so long as a quorum is not involved. The express language of the statute concerning serial meetings largely codifies case law developed by the courts and the opinions issued by this office in the past. In Frazer v. Dixon Unified School District (1993) 18 Ca1.App.4th 781, 796-798, the court concluded that the Act applies equally to the deliberations of a body and its decision to take action. If a collective commitment were a necessary component of every meeting, the body could conduct most or all of its deliberation behind closed doors so long as the body did not actually reach agreement prior to consideration in public session. Accordingly, the court concluded that the collective acquisition of information constituted a meeting. The court cited briefing sessions as examples of deliberative meetings which are subject to the Act's requirements, and contrasted these sessions with activities that fall outside the purview of the Act, such as the passive receipt of an individual's mail or the solitary review of a memorandum by an individual board member. In Stockton Newspapers, Inc. v. Redevelopment Agency (1985) 171 Ca1.App.3d 95, 105, the court concluded that a series of individual telephone calls between the agency 2 attorney and the members of the body constituted a meeting. In that case, the attorney individually polled the members of the body for their approval on a real estate transaction. The court concluded that even though the meeting was conducted in a serial fashion, it nevertheless was a meeting for the purposes of the Act. u ~J Z!~'est?~w 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (Ca1.A.G.) (Cite as: 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (Ca1.A.G.)) C 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (Ca1.A.G.) Office of the Attorney General State of California Opinion No. 00-906 February 20, 2001 THE HONORABLE WESLEY CHESBRO MEMBER OF THE STATE SENATE THE HONORABLE WESLEY CHESBRO, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a majority of the board members of a local public agency e-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Ralph M. Brown Act if the e-mails are also sent to the secretary and chairperson of the agency, the a-mails are posted on the agency's Internet website, and a printed version of each e-mail is_reported at the next public meeting of the board? CONCLUSION A majority of the board members of a local public agency may not a-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Ralph M. Brown Act even if the a-mails are also sent to the secretary and chairperson of the agency, the a-mails are posted on the agency's Internet website, and a printed version of each e-mail is reported at the next public meeting of the board. ANALYSIS The Ralph M. Brown Act (Gov. Code, ~ § 54950- 5=1962; "Brown Act") [FN1] generally requires the legislative body of a local public agency to hold its Page I meetings open to the public. (§ ~ 54951, 54952, X4953, 54962.1 Agendas of the meetings must be posted (§ § 54954.1, 54954.2), and members of the public must be given an opportunity to address the legislative body on any agenda item of interest to the public (§ 54954.3). The purposes of the Brown Act are thus to allow the public to attend, observe, monitor, and participate in the decision-making process at the local level of government. Not only are the actions taken by the legislative body to be monitored by the public but also the deliberations leading to the actions taken. (See Rohcrts n. Cit~of Palmdale 1199,) 5 Cal.4th 363, 373, 375; Frazer r. Dixon Unilie~l School gist. 119931 18 Ca1.App.4th 781, 795-797; Stockton Nervs~er lrac. r. Re~der~elnpmerrt ,4~encv (1985) 71 CaLAnn.3d 95. 100; ,Sacramento Newspaper Guild v Sacramento County Bd. o~Suprs. (1968) 263 Cal.App.2d 41, 45.) "The term `deliberation' has been broadly construed to connote `not only collective discussion, but the collective acquisition and exchange of facts preliminary to the ultimate decision.' [Citation.]" (Roiwen v. Santa Clara i.hrifred School Dist (1951) 121 Cal.Ahp.3d 231, 234; see Roher4s v. City or' Palmdale supra. -5 Ca1.4th at p. 376.) The question presented for resolution concerns e- mail messages between members of the board of a local public agency. May a majority of the members e-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Brown Act if the a-mails are sent to the secretary and chairperson of the agency, the a-mails are posted on the agency's Internet website, and a printed version of each a-mail is reported at the next public meeting of the agency? We conclude that such conditions would not be sufficient to prevent a violation of the Brown Act. The statute governing our discussion is section 54952.2, subdivision (b), which provides: "Except as authorized pursuant to Sectic»i 54953, any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body is prohibited."Section 5495 ~ concerns the use of teleconferencing procedures and has no © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (Ca1.A.G.) (Cite as: 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (CaI.A.G.)) application to the situation presented herein. In analyzing the language of section 54952.2, we may apply well recognized principles of statutory construction. We are to "ascertain the intent of the Legislature so as to effectuate the purpose of the law." (DuBois v Gi'orkers' Comp. Appeals Bd. (1993) 5 Ca1.4th 382. 387.) "The words of the statute are the starting point." (6i%ilcnz v Bir•tnhistle (1999) 21 Ca1.4th 973. 977.) "Words used in a statute . should be given the meaning they bear in ordinary use. [[[Citations.] If the language is clear and unambiguous there is no need for construction, nor is it necessary to resort to indicia of the intent of the Legislature ...." (Lrargr-cn v. Ueukmejuarr (19'38) 45 Ca1.3d 727. 735.) Applying these rules of construction to the terms of subdivision (b) of section 54952.2, we find drat the sending of a-mails would be the "use of . technological devices." The statutory prohibition applies to such use "by a majority of the members of the legislative body." Anything less than a majority is not covered by the statute. (See Roherts v. Cite o~ Pabndale supra. 5 Ca1.4th at pp. 375-377: Frazer v. Dixon lhrifed School Dist copra I$ Ca1.App.4th at p. 797.) Here, we are given that a majority of the board members are sending a-mails to each other. As for the requirement that the e-mails be employed "to develop a collective concurrence as to action to be taken on an item," we note that such activity would include any exchange of facts (see Roherts v G'irn of l'cr/nulalc~ supra 5 Ca1.4th at pp. 375-376' f'rnrer v Dixon Urri.fied School Dist.. sera 18 Cal.App.4th at p. 796) or, as we have previously explained in our pamphlet on the Brown Act, substantive discussions "which advance or clarify a member's understanding of an issue, or facilitate an agreement or compromise amongst members, or advance the ultimate resolution of an issue" (Cal. Dept. of Justice, The Brown Act, Open Meetings For Local Legislative Bodies (1994), p. 12) regarding an agenda item. We find no distinction between e-mails and other forms of communication such as leaving telephone messages or sending letters or memorandums. If e- mails are employed to develop a collective concurrence by a majority of board members on an agenda item, they are subject to the prohibition of section 54952.2, subdivision (b). Application of the statute in such circumstances furthers the "broad policy of the act to ensure that local governing bodies deliberate in public." (Roberts r. Cin- nj Palmdale. sera 5 Ca14th at p. 373: see Frazer ~~. Di.zon Page 2 Unified School Dist. supru 18 Ca1.App.4th at pp. 794-795• Stockton Ner~ts~ers /rvc. v. Redeveloumenr AQencv supra. 171 Cal.App3d at p. 1~0• Sacramento Newspaper Guild v. Sacramento County Board of Suprs., supra, 263 CaLApp.3d at p. 45). We recognize that the three conditions of (1) concurrently sending copies of the e-mails to the secretary and chairperson of the agency, (2) concurrently posting the a-mails on the agency's Internet website, and (3) reporting the contents of the e-mails at the agency's next public meeting would allow the deliberations to be conducted "in public" to some extent. Nevertheless, the deliberations would not be conducted as contemplated by the Brown Act. Members of the public who do not have Internet access would be unable to monitor the deliberations as they occur. All debate concerning an agenda item could well be over before members of the public could be given an opportunity to participate in the decision-making process. (See Frazer v. Dixon C/nified S'c{rool Dist.. supra 18 Cal.App.4th at p. 794: Cal. Dept. of Justice, The Brown Act, Open Meetings For Local Legislative Bodies, supra, p. 12.) Subdivision (b) of section 54952.2 is straightforward and unambiguous. The proposed conditions satisfy neither the specific language nor all the critical purposes of the statute. We thus conclude that a majority of the board members of a local public agency may not a-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Brown Act even if the a-mails are also sent to the secretary and chairperson of the agency, the a-mails are posted on the agency's Intemet website, and a printed version of each e-mail is reported at the next public meeting of the board. Bill Lockyer Attorney General Clayton P. Roche Deputy Attorney General [FN 1 ] . All references hereafter to the Government Code are by section number only. 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (Ca1.A.G.) END OF DOCUMENT © 2007 Tlromson/West. No Claim to Orig. U.S. Govt. Works. S • 1Nest~aw 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (Ca1.A.G.) (Cite as: 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175914 (CaI.A.G.)) ~i 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (Ca1.A.G.) Office of the Attorney General State of California Opinion No. 00-906 February 2Q 2001 THE HONORABLE WESLEY CHESBRO MEMBER OF THE STATE SENATE THE HONORABLE WESLEY CHESBRO, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a majority of the board members of a local public agency a-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Ralph M. Brown Act if the e-mails are also sent to the secretary and chairperson of the agency, the a-mails are posted on the agency's Internet website, and a printed version of each a-mail is reported at the next public meeting of the board? CONCLUSION A majority of the board members of a local public agency may not a-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Ralph M. Brown Act even if the a-mails are also sent to the secretary and chairperson of the agency, the e-mails are posted on the agency's Internet website, and a printed version of each a-mail is reported at the next public meeting of the board. ANALYSIS The Ralph M. Brown Act (Gov. Code. ~ S 549>0- 54962; "Brown Act") [FNl] generally requires the legislative body of a local public agency to hold its Page 1 meetings open to the public. (~ S 54951, 54952, 54953, 54962.) Agendas of the meetings must be posted (§ § 54954.1, 54954.2), and members of the public must be given an opportunity to address the legislative body on any agenda item of interest to the public (§ 54954.3). The purposes of the Brown Act are thus to allow the public to attend, observe, monitor, and participate in the decision-making process at the local level of government. Not only are the actions taken by the legislative body to be monitored by the public but also the deliberations leading to the actions taken. (See Rohert.r r. City of T'almdale ('19931 5 Ca1.4th 363, 373, 375; Frazer v. Dunn UnifzezT School Dist. (1990 18 Cal App.4th 781. 795-797; Stoclcum IVc~vr~er Incr. >>. Redeveloprnent ,9~c>nct~ (1985) 171 Ca1.Anp.-id 95. 100; Sacrmnerzto Neuslzaper Guild v Sacramento Counn: BST. nf,Suprs. (1968) 263 Cal.Ap~.2d 41, 45.) "The term `deliberation' has been broadly construed to connote `not only collective discussion, but the collective acquisition and exchange of facts preliminary to the ultimate decision.' [Citation.]" (Ro~ren v. Santa Clara 1.h~ifrerl School Dist (`1951) IZl C;aLApp.3d 231. 234; see Roherts r City of Palrndale supra, 5 Ca1.4th at p. 376.) The question presented for resolution concerns e- mail messages between members of the board of a local public agency. May a majority of the members e-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Brown Act if the a-mails are sent to the secretary and chairperson of the agency, the e-mails are posted on the agency's Internet website, and a printed version of each a-mail is reported at the next public meeting of the agency? We conclude that such conditions would not be sufficient to prevent a violation of the Brown Act. The statute governing our discussion is section 54952.2, subdivision (b), which provides: "Except as authorized pursuant to Section 54953, any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body is prohibited."Section 54953 concerns the use of teleconferencing procedures and has no © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (Ca1.A.G.) (Cite as: 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (CaLA.G.)) application to the situation presented herein. In analyzing the language of section 54952.2, we may apply well recognized principles of statutory construction. We are to "ascertain the intent of the Legislature so as to effectuate the purpose of the law." (DuBois v 61?irkers' Cornp..~ztpeals Bd. (1993) 5 Ca1.4th 38?. 387.) "The words of the statute are the starting point." (6i'ilcor v. Birn~hisyle (1999) 2] C. a1.4th 973. 977.) "Words used in a statute . should be given the meaning they bear in ordinary use. [[[Citations.] If the language is clear and unambiguous there is no need for construction, nor is it necessary to resort to indicia of the intent of the Legislature ...." (Lrolgrert v. Ders/nne'uz arl (1988) 45 Ca1.3d 727. 735.) Applying these rnles of construction to the terms of subdivision (b) of section 54952.2, we find that the sending of e-mails would be the "use of . technological devices." The statutory prohibition applies to such use "by a majority of the members of the legislative body." Anything less than a majority is not covered by the'statute. (See Roberts v. City of Palnxlale sumo 5 Cal.4t1~ at np. 375-37T Frazer v. DlYOn Unified School Dist.. supra, 18 Ca1.App.4th at p. 797.) Here, we are given that a majority of the board members are sending a-mails to each other. As for the requirement that the e-mails be employed "to develop a collective concurrence as to action to be taken on an item," we note that such activity would include any exchange of facts (see Xober•ts v Cirv of I'rrlmdole supra. 5 Ca1.4th at Uo. 37~-376' f•ra_er v. Drxon Unified School Dist., _slt rn 18 Cal.App.4fh at p. 796) or, as we have previously explained in our pamphlet on the Brown Act, substantive discussions "which advance or clarify a member's understanding of an issue, or facilitate an agreement or compromise amongst members, or advance the ultimate resolution of an issue" (Cal. Dept. of Justice, The Brown Act, Open Meetings For Local Legislative Bodies (1994), p. 12) regarding an agenda item. We fmd no distinction between e-mails and other forms of communication such as leaving telephone messages or sending letters or memorandums. If e- mails are employed to develop a collective concurrence by a majority of board members on an agenda item, they are subject to the prohibition of section 54952.2, subdivision (b). Application of the statute in such circumstances furthers the "broad policy of the act to ensure that local governing bodies deliberate in public." (Roberts v. CNv of Palmdale. rtrpra S CaL4th at p. 373; see Fro<-er v. Di.a-an Page 2 Unified School Dist. summa 1R Ca1.App.4th at pp. 794-795: Stocluon Neirspapers Inc. v. Redevelopnlery ~(:rencv supra 171 Cal App 3d at n. ] 00: Sacramento Newspaper Guild v. Sacramento County Board of Suprs., supra, 263 Cal.App.3d at p. 45). We recognize that the three conditions of (1) concurrently sending copies of the a-mails to the secretary and chairperson of the agency, (2) concurrently posting the a-mails on the agency's Internet website, and (3) reporting the contents of the e-mails at the agency's next public meeting would allow the deliberations to be conducted "in public" to some extent. Nevertheless, the deliberations would not be conducted as contemplated by the Brown Act. Members of the public who do not have Intemet access would be unable to monitor the deliberations as they occur. Al] debate concerning an agenda item could well be over before members of the public could be given an opportunity to participate in the decision-making process. (See Frazer v. Dixon Chzified School Disl.. st~ra 18 Ca1.App.4th at p. 794; Cal. Dept. of Justice, The Brown Act, Open Meetings For Local Legislative Bodies, supra, p. 12.) Subdivision (b) of section 54952.2 is straightforward and unambiguous. The proposed conditions satisfy neither the specific language nor all the critical purposes of the statute. We thus conclude that a majority of the board members of a local public agency may not a-mail each other to develop a collective concurrence as to action to be taken by the board without violating the Brown Act even if the a-mails are also sent to the secretary and chairperson of the agency, the a-mails are posted on the agency's Intemet website, and a printed version of each e-mail is reported at the next public meeting of the board. Bill Lockyer Attorney General Clayton P. Roche Deputy Attorney General [FN 1 ] . A11 references hereafter to the Government Code are by section number only. 84 Ops. Cal. Atty. Gen. 30, 2001 WL 175919 (Ca1.A.G.) END OF DOCUMENT © 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 AGENDA ITEM: _ ORIGINATING DEPT;,City Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: 1 !Q SUBJECT: Appointment of Planning and Library Commissioners and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing one (1) member to the Planning Commission and one (1) member to the Library Commission and direct the City Clerk to administer the Oath of Office. REPORT SUMMARY: Interviews were conducted on March 7, 2007 to fill one Planning Commission vacancy and one Library Commission vacancy. The attached resolution appoints Rushi Kumar to the Planning Commission. The term for this position will expire on April 1, 2009. The resolution also appoints Sam McBane Mulford to the Library Commission. The term for the position will expire on October 1, 2011. Upon direction from the City Council the Oath of Office will be administered by the City Clerk and signed by the new Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments would not be made to Planning or Library Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Resolution of Appointment Attachment B -Oath of Office s RESOLUTION 07- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE PLANNING COMMISSION AND ONE MEMBER TO THE LIBRARY COMMISSION WHEREAS, one vacancy was created on the Planning Commission resulting from the election of Jill Hunter to the City Council; and WHEREAS, one vacancy was created on the Library Commission from the expired term of Pragita Grover; and WHEREAS, a notice of vacancies was posted, applications were received, interviews have been conducted, and it is now appropriate to fill two vacancies. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made: RISHI KUMAR -APRIL 1, 2009 SAM MCBANE MULFORD -OCTOBER 1, 2011 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 21St day of March 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Rishi Kumar, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Rishi Kumar, Member Planning Commission Subscribed and sworn to before me on This 21S` day of March 2007. Cathleen Boyer, CMC City Clerk • STATE OF CALIFORN3A COUNTY OF SANTA CLARA I, Sam McBane Mulford, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Sam McBane Mulford, Member Library Commission Subscribed and sworn to before me on This 215Y day of March 2007. Cathleen Boyer, CMC City Clerk • SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 AGENDA ITEM: ORIGINATING D~T:iCity Manager CITY MANAGER: ~/~~i= ---~ PREPARED DEPT HEAD: SUBJECT: Commendation Honoring the World Journal Newspaper RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation honors World Journal Newspaper for their generous donation of Chinese language books to the Saratoga Library. 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 commendation SARATOGA CITY COUNCIL MEETING DATE 03/21 /07 AGENDA ITEM: CITY MANAGER: Lam/ ~G~ ORIGINATING DEPT: Admin Svcs. I PREPARED BY: '~``- ey Forond Accountant II SUBJECT: FIN. & A.S. DIRECTOR M ry Furey Check Register for 03/06/2007 RECOMMENDED ACTION: hat the City Council accepts the Check Register for 03/06/2007. REPORT SUMMARY: Attached is the Check Register for 003/Ob/2007. The checks were released on 03/07/2007. Payroll checks were released on 03/01/2007. The prior Check Register for 02/20/2007 ended with check number 104390. Starting Ending Total Type of Checks Date Check # Check # Checks Amount Accounts Payable 03/06/07 104391 104482 92 $117,609.04 Payroll 03/01/07 32183 32212 30 $130,280.04 TOTAL $247,889.08 The following is a list of checks issued for more than $10,000.00 and a brief description of the expenditure: Check # Issued to Fund Dept Purpose Amount 104429 Harris Company Others Public Works Classes Project $18,833.00 104455 Pacific Gas & Electric Various Various Electric & Gas Bill $12,017.08 here are no manual checks nor voided checks during the period. The following is a list of cash reduction by Fund: Fund # Fund Description A/P Total PR Total Total 001 General 53,367.88 42,264.09 95,631.97 150 Streets & Roads 2,565.59 16,537.90 19,103.49 204 Quito Lighting 1,220.04 1,220.04 205 Azule Lighting 266.65 266.65 206 Sarahilis Lighting 290.64 290.64 207 Village Lighting 2,57].81 2,571.81 209 McCartysville Landscape 16.50 16.50 21.0 Tricia Woods Landscape 1.86 ~ 1.86 215 Bonnet Way Landscape 315.99 315.99 216 Beauchamps Landscape 40.70 40.70 222 Prides Crossing Landscape 44.07 44.07 227 Cunningham/Glasgow Landscape 6.39 6.39 229 Tollgate LLD 134.18 134.18 23 ] Horseshoe Landscape/Lighting 7.72 7.72 250 Development Services 9,825.48 48,429.93 58,255.41 260 Environmental Program SRF 5,434.13 5,434.13 290 Recreation 75,144.28 13,796.16 28,940.44 291 Teen Services 2,740.36 2,740.36 320 Park Dev Capital Project 750.00 750.00 502 Information Technology 12,014.67 12,014.6 716. Highway 9/Oak Pedestrain 1,077.47 1,077.47 746 Saratoga-Sunnyvale Gateway 191.59 191.59 762 North Campus/19848 Prospect 18,833.00 18,833.00 TOTAL 117,609.04 130,280.04 247,889.08 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLiC CONTACT: N/A ATTACHMENTS: Check Register in the Expenditure Approval List format. y H y y y y y y y y y H y H y H H o ui to o N o m o N N N o a o N o A A o m m m m m m m m m m m m m m m m m o A A o Y o w o 0 0 0 o m o Y o m m o O O O O O O O O O O O O O O O O O O ' 10 J J lO O lD J 10 J ~D b J J J 10 b J' N W W O 10 10 A Y O T N ~ O UI O m m m O m O O N Y O J A N O O O T 01 O 1O m' N Y W W Y m Y W Y W Y Y W W W Y F+ N V1 w S A W m N A W O~ W w O~ N O~ W W J m O O W n a m O J VI N O Y N O O m I a b O m m O O O W Y Y m O l0 W m N Y N m W W J w Y 1p 1p 'm W Y O~ Y 3 Y UI 1O Y N b J 1O 11 1p W Y N J m A V~ J W VI O~ A w m m 1O Vt O O o o b y b ~ b b < b < b b R~ m O n m ,ro Y C H m b Z b Z b L] H O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o y o o Y o n o 0 0 0 o y O O o ro o o h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0\ o o b o ,b 0 0 0 o b O m o r ' o 0 A A A a a A a a a a A A A a A a a A A A-0 a a a a A A A A a A A A A 3 A A y W W m A '1. 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O W O P N O O J H X M ro J Y Y I 'y I3j Z N Y Y b l0 m N Y N N Y N N N N N W W N lO p~ p~ I O O O N N O O W H J m Y VI J O Y Y m N T ll~ m m A A b b I C H b W W N N O~ O~ N O N N N m O\ O~ m m m a a T N A VI yi ~ 'j,• H I H O O O V1 Vt O 0 0 0 0 0 0 0 0 0 0 A a W W N Y Y 1p 1p a J J J J O 0 0 0 0 0 0 0 0 0 0 Y Y O O O O O O O m S Y Y ~ o b H m o m b rn o ~ ~' O Y~ I I SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 AGENDA ITEM: ~ ~~ ORIGINATING DEPT: Administrative Svcs CITY MANAGER: ,,~~ PREPARED BY: ~ DEPT HEAD: ~~1Y1~.lla a ~-I'~Or~ ' i ng, Mary Furey, F nance & Accounting Supervisor Administrative Services Director SUBJECT: Treasurer's Report for the Month Ended January 2007 RECOMMENDED ACTION That the City Council accepts the monthly Treasurer's Report. 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. 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. Additionally with the passage of Chapter 687, Statutes of 2000 (AB 943 Dutra), effective January 1, 2001 cities are now required to forward copies of their second and fourth quarter calendar year investment portfolio reports to the California Debt and Investment Advisory Commission (CDIAC) within 60 days. The CDIAC will use the report as an additional opportunity to examine public investment practices in a more consistent basis than before. Cities, such as the City of Saratoga, that are 100 percent invested in the Local Agency Investment Fund (LAIF) are exempt from the new investment portfolio reporting requirements and are only required to send a letter to CDIAC indicating the total and composition of their investments. This Treasurer's Report will satisfy our reporting requirement to the CDIAC. The following pages in the attachment 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 1s1 Quarter of 1977 to present. FISCAL IMPACTS None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City will not be in compliance with Government Code Section 53891 and Section 40804. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A -Cash and Investments 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 (LATE) Quarterly Apportionment Rates CC cdiac_investments@treasurer.ca.gov (June & December reports only, within 60 calendar days) L_~ ATTACHMENT A CASH AND INVESTMENTS BALANCE BY FUND As of January 31, 2007, the City had $271,428 in cash deposit at Comerica bank, $15,356,747 on deposit with LAIF, and $2,241 in cash with fiscal agents for the Public Financing Authority bonds. The bank reconciliations are completed thru the month of December 2006. The fund balances for Recreation services and Teen services normally experience deficits during this time of year, when activity levels are lower. It is expected that the funds will balance with summer time activities. Operating Transfers for Quarter 1 and Quarter 2 have been made. Quarter 3 Operating Transfers to Recreation services ($11,475), to Teen services ($]3,725), and to the internal services funds are scheduled for March 31, 2007. The Council Policy on operating reserve funds adopted on April 20, 1994, states that: for cash flow purposes, to avoid the necessity. of dry period financing, pooled cash from all funds should not be reduced below $2,000,000. The total pooled cash balance as of January 31, 2007 is $]5,628,175 and exceeds the limit required. Unrestricted Cash Comerica Bank 271,428 Deposit with LAIF 15,356,747 15,628,175 Restricted Cash Fiscal Agents 2,241 2,241 Total 15,630,416 ~he following table summarizes the Cjty's total cash and investment balances by rund. Fund Types Fund Description Cash S Invsstmont Bala nca at January 2007 General General Fund $ 1,890,440 Designated Reserves: Petty Cash $ 1,300 Tree, Bench, 8 Plaque Dedication Program $ 1,678 Library Exterior Walls Maintenance $ 15,000 Theater Ticket Surcharge $ 15,779 Retiree Medical $ 62,500 CIP $ 74.387 Economic Uncertainty $ 1,500,000 Operations $ 2,554,150 Spacial Ravanua Supplemental Law Enforcement Services Fund $ 100,000 Highway Users Gas Tax $ 582,399 Landscape and Lighting $ 288,598 Development Services $ 1.625,697 Designated Reserves: Tree Preservation Ordinance 226 $ 168,758 General Plan Update $ 15,355 Document Storage $ 27,841 Enviromantal Programs $ 996,029 Development Fees $ 114,741 Community Development Block Grant $ (53,730) SHARP loan $ 72,394 Recreation Services $ (73,156) Teen Services $ (21,744) CDD Deposits -Planning Deposit Pre FY2006 $ 173,816 CDD Deposits -Planning Deposit FY2006 $ 267,418 Capital Projeet Park Development $ 154,004 Library Expansion $ 673,291 Public Safety $ 510,556 Infrastructure $ 2,073,553 Facility $ 574,887 Park and Trails $ 374,773 Debt Sarvica Library Bond $ 330,624 Internal Sarvieo Equipment Replacement $ (24,777) Information Technology $ 427,125 Facility Improvement $ 78,546 Trust/Agancy Leonard Road Public Financing Authority KSAR -Community Access TV (6,636) 2,241 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City's major fund types at January 31, 2006. This table excludes Trust and Agency funds where the City acts merely as a third party • custodian of an outside party's funds. 06130!06 Incrl(Decr) Fund Fund Description Fund Balance Dec Revenues Expenditures Transfers Balance General Funtl 2,825,799 (1,569,244) 2,144,596 (1,502,502) 1,898,649 Designated Reserves: Petty Cash 1,300 - - - 1,300 Tree, Bench, 8 Plaque Dedication Program 28 1,650 - - 1,678 Library Exterior Wall Maintenance 15,000 - - - 15,000 Theater Ticket Surcharge 17,286 8,008 5,060 (14,575) 15,779 Retiree Medical - 62,500 - - 62,500 CIP 614,997 (540,610) - - 74,387 Economic Uncertainty 1,500,000 - - - 1,500,000 Operations 2,554,150 - - - 2,554,150 pecial Revenue Supplemental Law Enforcement Services Fund - 100,000 - - 100,000 Highway Users Gas Tax 604,509 (43,179) 94,470 (73,856) 581,944 LandscapelLighting Fd 250,321 (102,832) 154,370 (13,261) 288,598 Development Services 1,339,563 80,771 192,831 (233,887) 1,379,278 Designated Reserves: Tree Preservation Ordinance 226 186,644 (17,886) - - 168,758 General Plan Update 7,065 1,199 7,091 - 15,355 Document Storage - 27,841 - 27,841 Environmental Programs 909,760 14,869 101,128 (29,731) 996,026 CDBG (11,137) (34,288) - (8,305) (53,730; SHARP Loan 75,287 (4,004) 1,111 - 72,394 Recreation Services (31,783) (119,388) 108,109 (48,213) (91,275 Teen Services (38,728) (15,586) 40,763 (8,193) (21,744; apital Project Park Development 91,246 47,758 15,000 - 154,004 Library Expansion 704,004 (26,234) - (4,478) 673,292 Public Safety 554,077 (67,859) 1,309 (2,885) 484,642 Infrastructure 1,942,934 46,807 - (137,709) 1,852,032 Facility 96,280 485,895 - (7,288) 574,887 Park and Trails 196,887 213,409 4,321 (43,994) 370,623 Debt Service Library Bond 865,379 (998,759) 464,204 - 330,824 ternal Service Fund Equipment Replacement 247,148 (262,041) - (9,884) (24,777 Technology Replacement 403,520 23,605 - - 427,125 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table the details the cash balances for each project in the Public Safety, Infrastructure, Facility, and Park and Trails Capital Improvement Project Funds. CIP Funds/Projects Investment Balance at January 2007 ,Public Safety Trafficsafety 52,040 Highway 9 Safety project 100,000 Hakone ADA Improvement (63,424) Sidewalk-Yearly Project 181,791 Aloha Street Safety Improvemeni 8,428 Bridges @ 4th Street 100,000 Highway 9 and Oak Place Pedestrian Sign 4,529 Quito Road Bridge Replacement 127,192 Total Public Safety $ 510,556 Infrastructure Two Solar Power Radar Feedbacks 15,000 EI Quito Area Curb Replacement 459,403 (Book Go Round Drainage 51,547 Sobey Road Culvert Repair 150,000 Storm Drain Upgrades 211,314 Median Repairs(Landscape/Irrig.) 12,145 (Civic Center Landscape 98,797 Village Lights (Zone 7A) 50,000 Village Trees & Lights at Sidestreets 7,000 Cox Ave Railroad Crossing Upgrade 26,139 City Entrance Sign/Monument 13,467 ,Blaney Plaza Improvement-Constructions (31,547) Village Sidewalk, Curb & Gutter 733,664 Saratoga-Sunnyvale/Gateway 176,624 Storm Drain @ EI Camino/Mt Vista 100,000 Total Infrastructure $ 2,073,553 Facility Warner Hutton House Improv 52,121 Fire Alarm at McWilliams & Book Go Round 25,000 North Campus - 19848 Prospect Road 491,223 Historical Park Fire Alarm System 6,543 Total Facility $ 574,887 Parks & Trails Hakone Garden D/W 168,433 Union Pacific Railroad (Deanza) Trail (117,461) Kevin Moran Park 41,983. Alternative Soccer Field 250,000 Park/Trail Repairs 31,818 Total Parks 8 Trails $ 374.773 otal CIP Funds ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Public Safety, Infrastructure, . Facility, and Park and Trails Capital Improvement Project Funds. CIP Funds/Projects 06130106 Fund Balance Incrl(Decr) Dec Revenues Expenditures 01131107 Fund Transfers Balance Public Safety Traffic Safety 67,568 (15,285) - (243) 52,040 Highway 9 Safety Project 100,000 - - - 100,000 Hakone ADA Improvement - (63,424) - - (63,424) Sidewalks Yearly Project 185,001 (3,801) 1,309 (718) 181,791 Aloha Street Safety Improvement (57,529) 49,537 - (436) (8,428) Bridges @ 4th Street 100,000 - - - 100,000 Highway 9 and Oak Place Pedestrian Sign 31,845 (34,886) - (1,488) (4,529) Quito Road Bridge Replacement 127,192 - - - 127,192 Total Public Safety 554,077 (67,859) 1,309 (2,885) - 484,642 Infrastructure Two Solar Power Radar Feedbacks - 15,000 - - 15,000 EI Quito Area Curb Replacement 460,264 (861) - - 459,403 Book Go Round Drainage - 51,892 - (345) 51,547 Sobey Road Culvert Repair - 150,000 - - 150,000 Storm Drain Upgrades 167,864 43,450 - - 211,314 Median Repairs(Landscapellrrig.} 20,000 (6,866) - (989) 12,145 Civic Center Landscape 104,325 (5,528) - - 98,797 Village Lights (Zone 7A) - 50,000 - - 50,000 Village Trees & Lights at Sidestreets 7,000 - - - 7,000 Cox Ave Railroad Crossing Upgrade - (125,246) - (70,136) (195,382) Signage @ City Entrance 13,467 - - - 13,467 Blaney Plaza Improvement-Contraction 99,787 (113,907) - (17,427) (31,547) Village-Streetscape Impv (Sidewalk, Curbs) 738,624 (4,960) - - 733,664 Saratoga-SunnyvalelGateway 231,603 (6,167) - (48,812) 176,624 Storm Drain @ EI Camino 1 Mt Vista 100,000 - - - 100,000 Totallnfrastructure 1,942,934 46,807 - (137,709) - 1,852,032 Facility WHH Improvements 74,737 (18,870) - (3,746) 52,121 Civic Center - CDD Offices 15,000 (15,000) - - - Fire Alarm at McWilliams & Book Go Round - 25,000 - - 25,000 North Campus -19848 Prospect Road - 494,765 - (3,542) 491,223 Historical Park Fire Alarm System 6,543 - - - 6,543 Total Facility 96,280 485,895 - (7,288) - 574,887 Parks 8 Trails Hakone Garden DIW 164,283 - - - 164,283 Union Pacific Railroad (Deanza) Trail (49,066) (32,300) 4,321 (40,416) (117,461) Kevin Moran Improvements 46,468 (2,566) - (1,919) 41,983 Alternative Soccer Field - 250,000 - - 250,000 Park/Trail Repairs 35,202 1,725 - 1,659 31,818 Total Parks 8 Trails 196,887 213,409 4,321 (43,994) - 370,623 Total CIP funds 2,790,178 678,252 5,630 (191,876) - 3,282,184 Bill Lockyer, State Treasurer Inside the State Treasurer's Office LOCAL AGENCY INVESTMENT FUND QUARTERLY APPORTIONMENT RATES ,,~. __ ~; MARCH ` ,, ~ ' JUNE ~ ~~ ~ SEPTEMBER DECEIVII ,..,xo- r...»u~. ~. xvu~ x ....= s smx:..., n s" rvaS~....+'#... L.W'!v~.L.. _~S.Ss/~L.~. t3~- _.......tulM1k -• 1977 ~ ,, 5.6_8 __- ~ ~. _ 5.78 ... ~ ~ 5.84 ~ ~ _ _6.45 ' 1978 ~ '~~-6.97 _ ~ _ 7.35 ~ 7.86 E ~ 8.32 ! 1979 4 ~~ 8 81 .-__~! ~- 9.10-~~` 9.26 10.06 ! ~x 1980E ~ z 11.11 11.54 ~ 10.01 10.47 f_ __.. _.. _ ____.___. _ _ ~ ~ _ __._ ! _.._ _._ _.__._~~ ~,., 1981 ; ~ _ 11.23 _ ~ 11 68 ; _12.40 ~ 11.91 .`z 1982 ~ , ~ 11.82 11.99 ~ 11.74 ~j 10.71 ~_ _ _ ___.w~._._~_ 1983 ~ _ 9.87 ~ ;_ 9.64 ~ ` 10 04 10.18 ~~ 1984 ,?~ ~ 10.32 10.88 ~~ i~ 11 53 _ ! 11.41 8 ~- 9.54 ~ r ' ~ 1985' -~ 10.32 9.9 9.43 ~~~ 1986 ' 9.09 __ ~ _ ~ 8.39_.._ ___._..~~__..._ 7.81 ~y~~ _ 7.48 ~-. 1987 _ }'s Snd `N ' ~ 1988 ' 7.24 8 01 -,~ ? 7.21 7 87 ~~ ' ~ _7.54 20 8 ~ _ _ _ 1 7.97 8 45 ' 1'989 ~ _ . _~ 8.76 ~ . 9.13 . 8.87 ~ . 8.68 1990 ~ , 8.52 ~ 8.50 ~ 8.39 ~ 8.27 ~~ 199,1 r 7 97 ~ 7.38 7.00 x 6.52 __ _ _ _._._. ~__ .___. . ____ ___~_____ _._ __ ~ _ ~~ ~ 1992 5.87 5.45 4.97 i 4.67 ~~ . ~.~ 1 t-__. 1993 ~ ~ 64 __ ~ .. .. -. 4.51 _.......... ( .. 4 44 ....__. r_._.._...,_. 1 _____~., 4.36 ~;x ~._ .__.._ __..__.~___ ~__.~.._____ _.~.;_~_ ____ _.__ ____.__ ___.__. ~ " 1994 ~ 4.25 ~ 4.45 i 4.96 ~ 5.37 ~' 1995 ~' 5.76 ~~ ! 5.98 ~ 5.89 _ ~~ __ 5.76 < < .~ fr ,~ ' 1E996t ._.~_ 5.62 _ _ - ~ 5.52 ~ I _ ~ 5 57 _..____ ~.~.~ _ ____._ 5.58 Y.~; ,_ ,.. 199'-, ~ .. _ -_~ ____ -- 5.56 - .. _ ._ _ _ .._._ ..__.. _.. .__ x ____ _ _._.____ . -- 5.63 ~ __ _.._._. _. ____ ___-.________ -- 5.68 _____ ~._ __ +---- _ l .____~. _.._.._ _ . 5.71 _ __._._._ 1998 5.70 ~~~ 5.66 ? 5.64 j 5.46 1999 __ 5.19 ~__ ~ ~ ~ 5.08 ~ ,. 5.21 __..___W_ ~ _. 5.49 2000 5.80 ~ 6 18 ~ 6.47 ______ 6.52 _ _ .- - ~~~ - tl ~ ~ ~ ~ _ __ _._.__ _ _ } 2001 6.16 5.32 { 4.47 ~ 3.52 2002 ,, h....._ 2.96 .... ~_._.____~.~..,. ~___ ____~ _---2~75_~~ ___.~ 2.63 _ ~__.___. 2.31 - 2003 ~ ' 1.98 y ~ 1 77 • f ~ 1 63 1.56 ,;_._ _ ~ ._~ ._._.. ___...._ ~ _ ._____. .__ ._~_ ._, __ .__ __.w_. ......._.a. __.. _..... _~ ~.. 2004 .,_, w.. 1.47 .~ ._ ~ ~ 1.44 i 167 ~ 2.00 2005 _ _ _ _~ 2 38 _ _ ' _.. ____~_ .. _____.__.. 2.85 _.__ _.k__.___ _ , ~ ; ~ __._____ 3 18 .._ ~~ ___ _ _. ? _ __ _~_ 3.63 2006 ~ , ` 4.03 _ ~ 4.53 I 4.93 _ ____ ~ 5.11 SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 AGENDA ITEM zc Office CITY MANAGER ORIGINATING DEPT: PREPARED BY: DEPT HEAD: ~J~_ SUBJECT: Resolution Amending Council Agency and AdHoc Committee Liaison Assignments RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: The City Council reorganized on December 6, 2006 for the coining year and assignments to various agencies and adhoc committees were adopted by Resolution 06-093. On February 7, 2007 Council adopted Resolution 07-007 appointing Mayo Kao to the Santa Clara County Valley Water Commisiion and Councilmember Hunter as the alternate. Unfortunately Mayor Kao discovered that she had a conflict and has requested that Councilmember Hunter be appointed the City's representative. At the March 7, 2006 Councilmember Page volunteered to be the alternate member on the Water Commission. Furthermore Mayor Kao agreed to take Councilmember Hunter's assignment to the County HCD Policy Committee. The following change to the Santa Clara County Valley Water Commission has been requested by the Mayor and is reflected in the attached resolution: Agency Councilmember Alternate Santa Clara County Valley Water ens Kae ~ Commisison Hunter Page The following change to the County HCD Policy Committee has been requested by the Mayor and is reflected in the attached resolution: Agency County HCD Policy Conunittee Councilmember Alternate FIu~}ter King Kao FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Disseminate information to the Santa Clara County Valley Water Commisison and County HCD Policy Committee. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENT: Attaclnnent A -Resolution 06-093 & 07-007 Attachment B -Proposed Resolution Amending 06-093 & 07-007 • RESOLUTION NO. 06- 093 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING COUNCIL REPRESENTATIVES 1'O AGENCIES AND ADHOC COMMITTEES WHEREAS, the City Council reorganized on December 6, 2006, for the coming year; and WHEREAS, representatives from the City Council serve on various agencies and adhoc committees; and WHEREAS, the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the City Council and the needs of the various organizations to which the City Council sends representatives, the following representatives agree hereby to be appointed to the agencies and adhoc committees named, through December 2007, or until replaced: Agency Councilmember Alternate Association of Bay Area Government Kao Waltonsmith Chamber of Commerce Page Hunter County Cities Association Leg. Task Force King Page County HCD Policy Committee Hunter Kao Library Joint Powers Association Hunter King Northern Central Flood Control Zone Advisory Board Waltonsmith King I Peninsula Division, League of California Cities King Page Recycling & Waste Reduction ~ Commission of SCC Kao Page Santa Clara County Valley Water Commission Waltonsmith Hunter Santa Clara County Cities Association King Waltonsmith Santa Clara County Cities Association- Joint Economic Development Policy Committee (JEDPC) Page King ~ Santa Clara County Emergency i Council Hunter Waltonsmith SASCC Waltonsmith Hunter Sister City Liaison ~ ~ Waltonsmith .Kao West Valley Solid Waste Joint Powers Page Hunter Association Valley Transportation Authority PAC King Kao West Valley Sanitation District Page Kao West Valley Mayors and Managers Kao Waltonsmith Association ADHOC COMMITTEES (Roth members are required to attend meetings) City School AdHoc Kao Kin Waltonsmith Hakone Foundation Liaison Kao Highway 9 Safety Project Committee Waltonsmith Kao Historic Foundation Hunter Page KSAR Conununity Access TV Board Waltonsmith N/A Prospect Road AdHoc King Waltonsmith Village AdHoc Hunter Page The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 20°i day of December, 2006, by the following vote: AYES: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao NOES: None ABSENT: None ABSTAIN: None ~,~~.~ /rte Aileen Kao, Mayor RESOLUTION NO. 07-007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 06-093 APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES, AGENCIES AND ADHOC COMMITTEES WHEREAS, the City Council reorganized on December 6, 2006, for the coming year; and WHEREAS, representatives from the City Council serve on various committees, agencies, and adhoc committees; and WHEREAS, the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that following changes be made to the Santa Clara County Valley Water Commission. These changes expires December 2007, or until replaced. Agency Councilmember Alternate Santa Clara County Valley Water ~~alteasrni-th Kao Hunter Commission The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 7`h day of February, 2007, by the following vote: AYES: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao NOES: None ABSENT: None ABSTAIN: None ~~ ileen Kao, Mayor RESOLUTION NO. 07- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 06-093 & RESOLUTION 07-007 APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES, AGENCIES AND ADHOC COMMITTEES WHEREAS, the City Council reorganized on December 6, 2006, for the coming year; and WHEREAS, representatives from the City Council serve on various committees, agencies, and adhoc committees; and WI-IEREAS, the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that following changes be made to the Santa Clara County Valley Water Commission. These changes expires December 2007, or until replaced. Agency Councilmember Alternate Santa Clara County Valley Water Commission Hunter Page Agency Councilmember Alternate County HCD Policy Committee Ie~ King Kao The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 21 S` day of March, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 AGENDA ITEM: ORIGINATING DEPT: Ci Manager ITY MANAGER: k! ~~ G=f'~-~_ PREPARED BY: ~ DEPT HEAD: SUBJECT: Request for Term Expiration Dates to be Extended for Two Planning Commissioners and Two Traffic Safety Commissioners RECOMMENDED ACTION: Accept report and approve term expiration dates to be extended for two Planning Commissioners and two Traffic Safety Commissioners. REPORT SUMMARY: On April 1, 2007 Planning Commissioners Susie Nagpal and Linda Rodgers terms expire. The same applies to Traffic Safety Commissioners Peggy Guichard and Mitch Kane. The notice of vacancies for the above mentioned Commissions will appear in the Saratoga News on March 2151 and on March 28`h. The deadline to submit an application for either Commission is Apri14`h. Interviews have been scheduled prior to the April 18`h City Council meeting and the appointments and Oath of Office is scheduled for May 2"d From now until May 2"d the Planning Commission has three regular meeting scheduled. The Traffic Safety Commission has one regular meeting scheduled. Staff is recommending that the terms for the four Commissioners listed above be extended until after the interview process. This will ensure that both Commissions will have a quorum and regular scheduled meetings will not be cancelled. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Planning and Traffic Safety Commission meetings may be cancelled due to lack of quorum. ALTERNATIVE ACTION: N/A i FOLLOW UP ACTIONS: Notify the Commissioners. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Notice of Vacancy ~ \5l. ` r ~ {- Se 'J\ ~s ~. _. -- Applications are available from the City of Saratoga 13777 Fruitvale Avenue, Saratoga, CA. 95070 and can be downloaded from the City's website: www.saratoga.ca.us Applications, which include a required supplement questionnaire, must be submitted to the City Clerk's Office by Sp.m. on Wednesday, April 4, 2007. ~he City Council will conduct interviews for these positions prior to the April 18`" City Council meeting. To qualify for the Commission vacancies applicants must: ^ Be a resident of the City of Saratoga. ^ Be a registered voter of the City of Saratoga. ^ Prior to being interviewed for appointment to a Commission, have attended at least one meeting of the Commission to which appointment is being sought. ^ Not hold any elected public office in any jurisdiction, any place or position of employment with the City of Saratoga. •For more information please contact: Cathleen Boyer, City Clerk (408)868-1269 ctclerk@saratoga. ca. us GET INVOLVED! The City of Saratoga encourages people to become involved in their community. One way to do so is to serve in an advisory capacity on one of the City's various commissions. The City is now accepting applications to fill two positions on the Planning Commission, and two positions on the Traffic Safety Commission. PLANNING COMMISSION The Planning Commission meets the 2°d and 4`" Wednesday, 7:00 p.m. in the Civic Center Theater. Site visits are conducted at 3:00 p.m. on the Tuesday preceding the Wednesday meeting. The Planning Commission advises the City Council on land use matters such as the General Plan and specific plans, zoning and subdivisions. One of the many duties of the Planning Commission is the review of new or major additions to single family homes. This often involves listening to testimony at public meetings from neighbors and voting on proposed projects. Experience with reviewing plans is helpful but not necessary. Members are required by State law to file an annual Statement of Economic Interest with the Fair Political Practice Commission. TRAFFIC SAFETY COMMISSION The Traffic Safety Commission meets the second Thursday every other month. Next Meeting is scheduled for April 12, 2007. The meetings start at 6:30 p.m. and are held in the Administrative Conference Room 13777 Fruitvale Avenue The Traffic Safety Commission investigates, reviews, and analyzes issues, and makes recommendations to the City Council in traffic safety. As an advisory agency, the Commission is not authorized to set policy or give direction to public agencies such as the Sheriffs office or to City staff. Members are required by the City's Conflict of Interest Code to file an annual Statement of Economic Interest with the Fair Political Practice Commission. SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 AGENDA ITEM: ORIGINATING DEPT: Public Works Department CITY MANAGER: PREPARED BY: Kevin Meek, Parks Supervisor DEPT HEAD: ~-~- John Cherbone, Public Works Director J n Cherbone, Director Barbara Powell, Assistant City Manager SUBJECT: Agreement for Maintenance of Heritage Orchard RECOMMENDED ACTION(S): 1. Accept report and adopt the resolution approving the Agreement with Mathew Novakovich for maintenance of the City of Saratoga's Heritage Orchard. 2. Approve Budget Resolution. REPORT SUMMARY: The City last entered into an agreement with Mathew Novakovich on July 1, 1993 for the maintenance of the City's Heritage Orchard, located at the corner of Saratoga and Fruitvale Avenues (Attachment "A"). The term of the existing agreement is perpetual, with automatic renewal year to year, subject to termination upon 60-days written notice to Mr. Novakovich. Since the agreement went into effect, the City has significantly updated its standard contractual agreements, bringing them into conformance with current legal and insurance requirements, as advocated by the City Attorney and the City's insurance broker, the Association of Bay Area Governments. In keeping with the desire to use the new standard for all City agreements, through a series of meetings staff negotiated the attached updated agreement with Mr. Novakovich (Attachment "B"). Staff also brought the draft final agreement to the Heritage Preservation Commission (HPC) for their review and comment. Staff received a few comments from the HPC, which, with Mr. Novakovich's concurrence, were incorporated into the agreement. COMPARISON OF AGREEMENTS: As you can see from a comparison of the two attachments, the existing agreement with Mr. Novakovich is quite basic and does not include many of the provisions included in standard agreements currently used by the City. Some of the principal differences between the two agreements include: PROVISION PROPOSED AGREEMENT EXISTING AGREEMENT (7/1/93) Scope of Work Exhibit A: Detailed Scope of Work Section 1: Generally lists the with individual tasks, frequencies, types of work that will be done, timeframes and unit prices but does not provide any s ecifics. Term Section 2: Five year term with option Section 5: Perpetual agreement of five-year extension commencing July 1, 1993 with automatic annual renewal Payment Section 3: Payment is directly linked to Section 2: Dollar amount stated scope of work with a finite dollar limit. in agreement is $18,000. Additional work must be pre-authorized However, this amount is very by the City. outdated and has not been reflected in recent invoices received from the contractor. Invoices Section 3: Invoices are due on a Section 4: Invoices are due on uarterl basis. an annual basis after harvest. GENERAL PROVISIONS Compliance with Laws Section 6: Clearly states Orchardist's Compliance with laws is not requirements pertaining to compliance addressed in the existing with laws. agreement. Indemnification Section 9: Clearly identifies the limits Indemnification is not addressed of liabilit for the City and Orchardist. in the existing agreement. Insurance Exhibit C: Details requirements for Insurance is not addressed in the rovision of insurance b Orchardist. existing agreement. Termination Section 12: Either party may terminate Section 7: City has the right to the Agreement with 60 days notice terminate with 60 days written verbally and in writing, providing notice in the event the City termination occurs between October 15t decides to develop the orchard and January 30`h (representing the end of property. However, termination the growing season through the prior to the annual harvest beginning of a new growing season) of results in reimbursement to the any year. The City may terminate at Contractor for all costs and any time if Orchardist commits a expenses preparatory to the material breach of the terms of the harvest. Agreement and fails to cure the breach. Section 8. City and Contractor Orchardist has 15 days to cure a breach have the right to terminate with of the agreement (more than 15 days is 60 days written notice providing allowed if nature of the breach is such termination occurs between. that the City determines it will October and February of any reasonably require more than 15 days to year. cure). Dispute Resolution Section 13: Provides for nonbinding Dispute resolution is not mediation at shared expense for dispute addressed in the existing resolution, followed by arbitration, if agreement. necessary. . FISCAL IMPACTS: The cost for maintaining the Heritage Orchard has steadily increased over the years since the last contract was signed in 1993. The largest jump in maintenance costs occurred after the Orchard was replanted and improved in 2003/04. The improvements included the removal and planting of close to 450 fruit trees, a water well, and irrigation improvements. Prior to the improvements the Orchard was maintained a lower level. With the improvements to Orchard at a cost of $250,000 the need to protect that investment required a higher level of maintenance and thus a higher cost. The new contract stipulates material and labor costs not to exceed $85,000. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The existing agreement with Mr. Novakovich will continue. ALTERNATIVE ACTION(S): The City may terminate the agreement with Mr. Novakovich and seek the services of another qualified Orchardist to provide the required services. It should be noted the City previously sought other qualified Orchardists to provide the services and was not successful in finding another nearby provider. FOLLOW UP ACTION(S): Adopt the Resolution approving the Agreement with Mathew Novakovich for maintenance of the City's Heritage Orchard. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment "A" -Existing agreement with Mathew Novakovich Attachment "B" -Proposed agreement with Mathew Novakovich Attachment "C" -Resolution approving the Agreement with Mathew Novakovich Attachment "D" -Budget Resolution r~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA . APPROVING THE AGREEMENT WITH MATHEW NOVAKOVICH FOR MAINTENANCE OF THE CITY'S HERITAGE ORCHARD WHEREAS, on July 1, 1993, the City of Saratoga City Council approved an Agreement for maintenance of the City's Heritage Orchard with Mathew Novakovich; WHEREAS, the City desires to continue its contractual relationship with Mr. Novakovich to provide for the maintenance of the Orchard; WHEREAS, the existing Agreement is outdated and does not reflect current legal and insurance standards incorporated in the City's current contractual agreements; WHEREAS, the existing Agreement also does not reflect an updated payment amount for the services to be performed, nor does it provide for established payment periods during the year; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves to approve an updated Agreement with Mathew Novakovich for maintenance of the City's Heritage Orchard; AND BE IT FURTHER RESOLVED, that the City Manager is authorized to approve the Agreement with Mr. Novakovich. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21st day of March 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk Page 4 of 4 i Attachment "A" THIS AGREEMENT made this ist __~ day cf - Jul y ~~~ 1993 b the CITY OF SARATOGA a P ~ Y and betwee munici al co oration, hereinafter referred to a. City, and MATHEW NOVAICOVICH, hereinafter referred to as Contracto - r. • WITNESS~• WHEREAS, city is the owner of a Pproximately I4.1 acres of real property located on Saratoga Avenue in the City of Saratoga, County of Santa Clara, State of California i and consisting of a p~e.and apricot orchard Contractor is interested in cultivating said orchard and therefrom. and sellin ' harvesting the crops g the same on the following terms, covenants and conditions: NOW, THEREFORE, IN CO NSIDERATION OF THE F07,~,OWING T and conditional upon their CMS AND CGVENANTS fulfillment it is hereby agreed b City and Contractor as follows; Y and between the 1• Contractor a grees to farm said orchard property in a manner_ consistent with good farmin g practices, including but not spraying, cultivatin ~ limited to g~ Pr'uning, discin replacin g' feZ'tilizing, watering, g trees or grafting of trees, harvestin selling of crop. g of crop, and delive Zy and I 2• City agrees to Provide funds not to exceed :assist with farmin ~ 518,000 g and maintenance o Per crop year to 'trees f orchard; including re lac as long as Contractor P went of involved in said work. a4z'ees to perform or have perfo rmed the labor :..: _ ~ _ .. • .3 .- contractor shall retain all of the gross sales proceeds from t .~. harvest of said crop~for said orchard _ . ~in consideration of the foregoinc •~ .4.• Contractor agrees to ., ~• provide City, on an annual basis after harvest;,~an':itemized accountin • ~ ~ g of costs of farming the orchard in the aforementioned manner, and shall provide Cit w' Y 1th receipts showing gross - sales or proceeds from sale of crop resulting from harvest of~said ore _The Contractor will submit. all invoices for each cro hate - 30 of•each year,. P year on or before June 5• The• term of the a , • greement shall be from July 1 through JuAe 30th o~ each year. This agreement shall automaticall such time as Cit Y renew from year to year until Y or 'Contractor terminates as outlined in paragraph 7.0 Upon termination thereof, Contractor agrees to leave said . and orderly condition in accord with Premises in good Santa Clara; State of California, good farming practices in the.County of . .6• It is understood and a greed that NOVAKOVICH is an independent Contractor and has not been given and is not -• .or .any part thereof and..ac g~-ven a lease of said premises quires no easement nor interest in said real property, ~ . . ~' Anything to the contr ~'Y hereinabove notwithstanding, City reserves the right tote rminate the within license on sixt written notice to Con ~' (60) da s tractor.;. in the event eit Y Prior said real pro ert. Y should determine P y or any portion thereof as a to develop expiration of the within Cro Public park prior to the - ._ p Agreement. In the event of sue anytime prior to the.com pletion of an annual ha h termination at prevents~Contractor from com z'vest, which to pletin y ch har'~+est nnination ~•cedent g an su to such termination .short ~ then as a condition - of permitting Contractor to complete sue - h ~: harvesting, City shall reimburse Contractor for alI costs and expens~i spraying, cultivating, pruning, discing and otherwise farming said orchaz property preparatory to such harvest, to the extent that such costs and expenses. would constitute an out-of-pocket Loss to said Contractor. In no event shall any costs and .expenses incurred by Contractor after receipt of the aforesaid notice of termination be included in the computation of any of said losses. 8. In addition to the paragraph above, both City and Contractor each written notice to the other, providing the notice is presented so that reserve the right to terminate the within license on sixty (60) days prior termination occurs during the period of October to February of any year. Neither. party may terminate this agreement during the growing or harvest season of said orchard under this paragraph. 9. This agreement and any and all rights contained herein is • nonassignable by Contractor without the written consent of City first had and obtained. IN WITNESS WI3EREOF, the parties hereto have executed this agreement the day .and year .first above written. ' ~_ .CITY OF SARATOGA, A Municipal Co ation gy,. .. ATTES : . CITY ~ CONTRACTOR: MATHEW NOVAKOVICIi '-- 14251 Fruitvale Saratoga, California 95070 (408) 867-3131 CITY OF SARATOGA INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and MATHEW NOVAKOVICH, ("Orchardist"), who agree as follows: RECITALS WHEREAS, City is the owner of approximately 14.1 acres of real property, planted with apricot, prune and cherry trees in an orchard setting, and City desires to maintain the orchard using good farming practices, including but not limited to spraying, cultivating, pruning, disking, fertilizing, soil amending, watering, removing and replacing dead or missing trees, and harvesting of crops, as specifically outlined in Exhibit "A"; and WHEREAS, City requires the services of a qualified Orchardist to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Orchardist is duly qualified to provide the required work product; and WHEREAS, Orchardist is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. SCOPE OF WORK. Orchardist shall provide to City the work product described in Exhibit A ("Scope of Work") subject to limitations that may arise due to weather conditions, the differing size and age of trees caused when older trees die and must be replaced by new, growing trees, and/or vandalism that may occur to the orchard and/or irrigation system. 2. TERM. The term of this Agreement commences on March 15, 2007, and extends through December 31, 2012. This Agreement may be extended for an additional 5-year period upon mutual agreement by the parties, provided that the parties retain the right to terminate this Agreement at all times, as provided in Exhibit B. 3. PAYMENT. A. Total payment pursuant to this agreement for March 15, 2007 through June 30, 2007 shall not exceed $17,687, providing that additional expenses may be authorized, following pre-approval by the City. Total payment pursuant to this agreement for July 1, 2007 through June 30, 2008 and for each successive fiscal year (July 1 tlu-ough June 30) shall not exceed $85,000, providing that additional expenses may be authorized, following pre-approval by the City. Reasonable expenses incurred by Orchardist shall be reimbursed at their actual cost provided that total payments for compensation and reimbursement in each fiscal year shall not exceed the total specified above unless pre-approved by the City. B. Orchardist shall submit the initial invoice pertaining to the period March 15, 2007 through June 30, 2007 no later than June 30, 2007, and, thereafter in 2007, on a quarterly basis no later than September 30`h and December 3151' Beginning in 2008, and for each remaining year of the contract, Orchardist shall submit invoices on a quarterly basis no later than March 3151, June 30`h, September 30`h and December 3151 based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the beginning and ending dates of the billing period and a summary of the work performed. City shall make payments based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. City will pay invoices on the next check run, if feasible to meet processing deadlines. If inclusion on the next check run is not feasible, City will pay invoices within thirty (30) days of receipt. 4. GENERAL PROVISIONS. City and Orchardist agree to and shall abide by the general provisions set forth in Exhibit B ("General Provisions"). 5. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of City by the Director of Public Works. 7. NOTICES. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Orchardist shall be sent to: Mathew Novakovich 14251 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 [The remainder of this page is intentionally blank.] Notices to City shall be sent to: John Cherbone, Director Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ORCHARDIST: ~... ~~ Date: 3/~/~ 7 By: Mathew Novakovich CITY OF SARATOGA, a municipal corporation By: Date: Name: Title: APPROVED AS TO FORM: By: Date: Richard S. Taylor, City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Date: Mary Furey, Administrative Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- General Provisions Exhibit C -- Insurance Requirements // u 3 • • EXHIBIT A SCOPE OF WORK The following scope of work describes the tasks associated with typical orchard operations over a twelve month period. City and Orchardist agree that the specific frequency and timing of these tasks will vary depending on specific growing conditions and that Orchardist will use his expertise to manage the Heritage Orchard pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Orchardist is engaged in the geographical area in which Orchardist practices its profession. Orchardist agrees to comply with the City's Integrated Pest Management Program in carrying out the following Scope of Work: WORK FREQUENCY TIME UNIT MATERIALS TASK SCHEDULE PRICE Irrigation 6 times annually April through $675 $100 September Pruning- Once annually January $8,600 $150 Apricots through April; August through December Pruning - Prunes & Every 2 years Young trees every January through April; Cherries: $10,320 N/A Cherries year; older trees August Prunes: every other year through $ 2,750 December Spraying - Once per Winter January, $1,000 $262 Dormant November, December Spraying- 10 February $1,000 $330 Fungicide applications/year through Apri] Spraying - Four times/year April, June, Round-up of Contact August, $1,600 $283 strips Pre-Emergent November $1,740 $954 Spraying - 39 applies/year April through Deer Apricots October $480 $180 Repellant Prunes & Cherries $480 $136 (new trees only) Spraying- When necessary $1,000 $330 Leaf Spray (two times/year) Gopher Every month Jan. through $400 $100 Abatement December WORK TASK FREQUENCY TIME SCHEDULE UNIT PRICE MATERIALS Mowin Once annually March $650 N/A Brushing (bucking, picking, loading bins) Twice annually Fall Spring $4,300 $1,400 N/A Disking & Rotovatin Six times/year March -June; Aug., Sept., Nov. $1,000 N/A Rollin Once annually June $1,000 N/A Thinnin When necessary May $5,700 N/A Propping (including take down) When necessary June; pick up in August $2,500 N/A Fertilizin Once annually August $845 $1,547 Mustard Seed Plantin Once annually Drill Disking October $650 $625 (100 pounds) $423 Gypsum A lication Once annually October $2,155 $4,300 I3arvesting of Fruit Annually July, August N/A N/A Buck limbs out August $950 N/A Replanting trees Annually (average 20 trees per year) January/February $87 Included Ripping When necessary Light Heavy $600 $1,000 N/A Trans ort (Rental) • Notes to Scope of Work Orchardist reserves the right to shut down access to portions of the orchard and/or to use signs or portable fencing for spraying and/or irrigation operations a maximum of 2 days per month, and during harvesting operations between the months of May through August. 2. Orchardist reserves the right to see that good farming practices are carried out at all times to insure proper care and maintenance of said Heritage Orchard. City and Orchardist agree to review proposed new uses and/or structures for the orchard and, if necessary, to modify the uses and/or structures to ensure proper care and maintenance of the orchard can be achieved. 3. Written notification by certified mail shall be provided by City to Orchardist a minimum of five (5) business days prior to any and all work that is scheduled to be performed in the orchard by the City, its contractors and/or employees. If additional orchard maintenance is required as a consequence of work performed in the orchard by the City, its contractors and/or employees, this additional. scope of work will be negotiated with the Orchardist and, if approved, will be paid to the Orchardist by the City. • EXI3I BIT B GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Orchardist shall be an independent contractor and shall not be an employee of City. Orchardist shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Orchardist is engaged in the geographical area in which Orchardist practices its profession. 2. ORCHARDIST NO AGENT. Except as City may specify in writing, Orchardist shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. 3. BENEFITS AND TAXES. Orchardist shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Orchardist shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Orchardist shall indermiify and hold City harmless from any and all liability that City may incur because of Orchardist's failure to pay such taxes. City shall have no . obligation whatsoever to pay or withhold any taxes on behalf of Orchardist. 4. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement without the agreement of the other party. 5. PERSONNEL. Orchardist shall ensure that all employees of Orchardist and any subcontractor retained by Orchardist in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 6. COMPLIANCE WITH LAWS. a. In General. Orchardist shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Orchardist represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are . legally required for Orchardist to practice its profession. Orchardist represents and warrants to City that Orchardist shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are lega]ly required for Orchardist to practice its profession. In addition to the foregoing, Orchardist shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Discrimination Prohibited. Orchardist assures and agrees that Orchardist will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. ~. DOCUMENTS AND RECORDS. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Orchardist shall retain and make available to the City or any party designated by the City, upon written request by City, records of Orchardist that are necessary for audit purposes to certify the nature and extent of the reasonable cost of services to City. 8. RESPONSIBILITY OF ORCHARDIST. Orchardist shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Orchardist, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Orchardist or of any subcontractor. 9. INDEMNIFICATION. Orchardist and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Orchardist acknowledges that City would not enter into this agreement in the absence of the commitment of Orchardist to indemnify and protect City as set forth below. a. Scope. The obligations of Orchardist set forth in this section shall not apply to claims arising from use of the pathway between the City administrative offices and the library or from use of the Orchard by the City for an event such as the Mustard Walk, and the City shall indemnify and hold Orchardist harmless from all such claims to the extent of the City's fault; provided, however, that this exception shall not apply to claims arising from (i) unattended Orchardist equipment, (ii) Orchardist's failure to post notices of spraying or other chemical application, or (iii) Orchardist's failure to take corrective measures identified by the City within a reasonable period of time following the City's requests. b. Indemnity. To the fullest extent permitted by law, Orchardist shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative • proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Orchardist as they are incurred by the City. c. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Orchardist shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Orchardist is solely or partially at fault or in instances where City's fault accounts for only a percentage of the Liability involved. In those instances, the obligation of Orchardist will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. d. Acknowledgement. Orchardist acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Orchardist has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. e. Scope of Orchardist Obligation. The obligations of Orchardist under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Orchardist expressly waives its statutory immunity under such statutes or Iaws as to City, its employees and officials. £ Subcontractors. Orchardist agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on behalf of Orchardist in the performance or subject matter of this Agreement. In the event Orchardist fails to obtain such indemnity obligations from others as required here, Orchardist agrees to be fully responsible according fo the terms of this section. g. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Orchardist and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Orchardist 3 acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Orchardist or subcontractors from liability under this paragraph. ]0. INSURANCE REQUIlZEMEN'fS. Orchardist shall procure and maintain for the duration of the contract insurance as set forth in Exhibit C. 11. DEFAULT AND REMEDIES. Upon any Orchardist default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 12. TERMINATION. Either party may terminate this Agreement with or without cause by providing sixty (60) days notice verbally and in writing, sent by certified mail, to the other party, providing the notice is presented so that termination occurs during the period of October ls` to January 30`" (representing the end of the growing season through the beginning of a new growing season) of any year. The City may terminate this Agreement at any time in the event that Orchardist commits a material breach of the terms of this Agreement and fails to cure the breach in the manner set forth below. City shall notify Orchardist of any breach and Orchardist shall cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, Orchardist shall cure the breach within 15 days provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. 13. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to nonbinding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not amve at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 14. JURISDICTION AND SEVERABILITY. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 4 15. NOTICE OF NON-RENEWAL. Orchardist understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Orchardist under this Agreement be supplemented or continued by Orchardist under a new agreement following expiration or termination of this Agreement. Orchardist waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Orchardist following the expiration or termination of this Agreement. [The remainder of this page is intentionally blank.] ~~ 5 EXHIBIT C INSURANCE Please refer to the insurance requirements listed below. Those which have an "X" indicated in the space before the requirement apply to Orchardist's Agreement (ignore any not checked). Orchardist shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Orchardist shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Orchardist's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage $ per occurrence bodily injuryl$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Orchardist's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Orchardist's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage $ per person/$ per accident for bodily injury $ per occurrence for property damage _ $ 500,000 combined single limit for bodily injury and property damage Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Orchardist, regardless of where the vehicles are kept or driven. _ Professional/Errors and Omissions Liability with coverage as indicated: _ $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Orchardist must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Orchardist may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Orchardist makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial GeneralBusiness Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: "...endeavor to ..." AND "...but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: 2 As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Orchardist shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Orchardist; products and completed operations of the Orchardist, premises owned, occupied or used by the Orchardist, or automobiles owned, leased, hired or borrowed by the Orchardist. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: i. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. ii. The Orchardist's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iii. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE AGREEMENT WITH MATHEW NOVAKOVICH FOR MAINTENANCE OF THE CITY'S HERITAGE ORCHARD WHEREAS, on July 1, 1993, the City of Saratoga City Council approved an Agreement for maintenance of the City's Heritage Orchard with Mathew Novakovich; WHEREAS, the City desires to continue its contractual relationship with Mr. Novakovich to provide for the maintenance of the Orchard; WHEREAS, the existing Agreement is outdated and does not reflect current legal and insurance standards incorporated in the City's current contractual agreements; WHEREAS, the existing Agreement also does not reflect an updated payment amount for the services to be performed, nor does it provide for established payment periods during the year; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves to approve an updated Agreement with Mathew Novakovich for maintenance of the City's Heritage Orchard; AND BE IT FURTHER RESOLVED, that the City Manager is authorized to approve the Agreement with Mr. Novakovich. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21st day of March 2007 by the following vote: AYES: NOES ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk Page 4 of 4 Attachment "D" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET OF THE CITY OF SARATOGA FOR FISCAL YEAR 2006/07 TO PROVIDE FUNDING FOR MAINTENANCE OF THE HERITAGE ORCHARD WHEREAS, City is the owner of approximately 14.1 acres of real property, planted with apricot, prune and cherry trees in an orchard setting, and City desires to maintain the orchard using good farming practices, including but not limited to spraying, cultivating, pruning disking, fertilizing, soil amending, watering, removing and replacing dead or missing trees, and harvesting of crops; and WHEREAS, City requires the services of a qualified Orchardist to provide the work product; and WHEREAS, it is necessary to amend the FY 2006/07 Operating Budget as follows: Account Description Account # Amount Increase Orchard Maintenance Services 001-3030-532-5280 $37,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves the budget adjustment to the FY 2006/07 Operating Budget. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21st day of March 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor City of Saratoga Attest: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL zF MEETING DATE: March 21, 2007 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: CITY MANAGER: ~J~' - HEAD: ~~,., ~J%'VC.~--~. SUBJECT: Hakone Gardens ADA Facilities Upgrade Project-Notice of Completion RECOMMENDED ACTION(S): Move to accept the Hakone Gardens ADA Facilities Upgrade Project as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: All work for the Hakone Gardens ADA Facilities Upgrade Project has been completed by the City's contractor, Robert A. Bothman, and has been inspected by Public Work's staff. The majority of this work included installing a concrete staircase, rough and finish grading, and the preservation and in-situ relocation of existing antique wooden `Mon' Gate. The final construction contract amount for the project was $234,500.00 Project Summary: Contract Award Amount: $234,500.00 Contingency: $17,000.00 Final Contract Amount: $234,500.00 In order to close out the construction contract and begin the one-year maintenance/warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice for the filing of claims by subcontractors or material providers may commence. FISCAL IMPACTS: This project has been paid for through the Hakone Gardens ADA Facilities Upgrade Project CIP via grants from Community Development Block Grant (CDBG). CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Notice of Completion for the Hakone Gardens ADA Facilities Upgrade Project. ~~ Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GNEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 15` day of March, 2007. Contract Number: N/A Contract Date: November 21, 2005 Contractor's Name: Robert A. Bothman, INC. Contractor's Address: 650 Quinn Avenue, CA 95112-2604 Description of Work: ADA Facilities Uptnade, installing a concrete staircase, rough and finish grading, and the preservation and in-situ relocation of existing antique wooden `Mon' Gate Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on , 2007. CITY OF SARATOGA BY: Dave Anderson City Manager ATTEST: Cathleen Boyer, City Clerk Gov. Code 40814 r~ SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 AGENDA ITEM: ~L,~ II ORIGINATING DEPT: Public Works CITY MANAGER: ~~/~--- PREPARED BY: c a _ f DEPT HEAD: _~~ _~.~~ Macedonio Nunez I John Cherbone SUBJECT: Quito Road Bridge Replacements New Cooperative Agreement RECOMMENDED ACTION(S): Authorize the City Manager to execute a new cooperative agreement (Attachment 1) with the Town of Los Gatos and the Santa Clara Water District for the Quito Road Bridge Replacements. REPORT SUMMARY: On June 19, 2001, the City of Saratoga (City) entered into a Cooperative Agreement (Attachment 2) between the Town of Los Gatos (Town) and the Santa Clara Valley Water District (SCVWD) for the replacement of two bridges on Quito Road. Right-of--Way issues has contributed to delays on completion of this project. On April 16, 2003, the City of Saratoga approved an amendment (Attachment 3) to the Agreement specifying each agency's responsibility for the project. The local match is shared equally between the three agencies. The City secured funding through the Federal Highway Bridge Replacement and Rehabilitation (HBRR) Program to replace both bridges with wider span structures that will allow a 100-year design flow. The new agreement is extended until 2010 to insure enough time for completion of the design and processing of the project. In the original Agreement the HBRR Funds reimbursement was at 80%. The Federal Highway Administration recently approved a change in funding ratio of 88.53% for all future phases of current projects. Staff does not anticipate that project cost allocations between the parties will increase beyond the April 16, 2003 approved amendment (Attachment 3). The City Attorney has reviewed the new cooperative agreement, which is now ready for execution, by each agency. FISCAL IMPACTS: Sufficient funding is available in the adopted CIP budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The new Cooperative Agreement will not be executed. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The City will forward the new executed Cooperative Agreement to the Town of Los Gatos and the Santa Clara Valley Water District. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. New Cooperative Agreement 2. Original Agreement between the City, Town and SCVWD 3. Amendment to the Original Agreement between the City, Town and SCVWD COOPERATIVE AGREEMENT CONCERNING QUITO ROAD BRIDGE REPLACEMENTS THIS AGREEMENT, dated , by and between the CITY OF SARATOGA, a municipal corporation ("Saratoga"), the TOWN OF LOS GATOS, a .municipal corporation ("Los Gatos"), and the SANTA CLARA VALLEY WATER DISTRICT, a public entity of the State of California ("District"), is made with reference to the following facts: A. Pursuant to the Federal Highway Bridge Replacement and Rehabilitation =Program ("HBRR"), Saratoga has applied for and received a commitment for the California Transportation Commission to allocate HBRR funds for participation in the replacement of two bridges on Quito Road which cross San Tomas Aquino Creek, identified as Bridge No. 37C0113 and Bridge No. 37C0114 (" the Project"). B. San Tomas Aquino Creek conveys stormwater runoff and each of the bridges to be replaced crosses the common boundary line between Saratoga and Los Gatos and a portion of the creek over which District has land rights. C. It is expected that HBRR funds will be made available for payment of at . least eighty percent (80%) of the total Project cost. The parties hereto have agreed to share the remaining total Project cost, as hereinafter set forth. D. The Federal Highway Administration has granted authorization to proceed with the Project, and approval has been granted by Caltrans to proceed with Preliminary Engineering Design. E. The parties entered an agreement concerning the subject matter of this agreement dated June 19, 2001 which agreement was amended on April 16, 2003 and expired by its own terms on December 1, 2004 (said agreement as amended referenced herein as the "Prior Agreement"). F. The parties desire to execute this Agreement in order to establish their respective rights and obligations concerning the administration, financing and construction of the Project. NOW, THEREFORE, it is agreed as follows: 1. SCOPE OF PROJECT. The Project shall consist of the replacement of Bridge No. 37C0113 and Bridge No. 37C0114 on Quito Road near Old Adobe Road including the acquisition of any necessary right-of--way. All work shall be performed in accordance Attachment 1 with plans and specifications approved by Saratoga, Los Gatos, the District, and all local, . State and Federal Agencies having jurisdiction over the Project or whose approval is otherwise required for receipt of HBRR funds. 2. ALLOCATION OF PROJECT COST. (a) Each of the parties has executed this Agreement in reliance upon the commitment by Caltrans to contribute eighty percent (80%) of the project engineering cost and eighty-eight and fifty-three one hundredths percent (88.53%} of the right of way and construction costs. In the event an agreement for such contribution is not executed between Saratoga and Caltrans, this Agreement shall automatically terminate and each of the parties shall be released from any further obligation or liability hereunder. (b) Saratoga, Los Gatos and the District agree that the remaining twenty percent (20%) of the project engineering cost and eleven and forty-seven one hundredths percent (I 1.47%) of the right of way and construction costs shall be divided equally between them. (c) The term "total Project cost," as used in this Agreement, shall mean the total of all direct expenditures relating to the Project, including, but not limited to, the cost of engineering, surveys, topographic maps, geotechnic and soils reports, environmental reviews and reports, preparation of plans and specifications, and preparation of bid documents; right-of--way acquisition costs; demolition and construction costs; publication, printing and advertising costs; and personnel costs of Saratoga staff, based upon actual time expended on the Project plus applicable indirect and overhead expenses. (d) Based upon the preliminary estimated Project cost, the allocation thereof between the parties would be as follows: TOTAL HBRR ESTIMATED FUNDS COST 180/88.53%) SARATOGA LOS GATOS DISTRICT BRIDGE 37C-0113 PE $313,500.00 $250,800.00 $20,900.00 $20,900.00 $20,900.00 ROW/Construction $1,489,000.00 $1,318,212.00 $56,929.00 $56,929.00 $56,929.00 Total $1,802,500.00 $1,569,012.00 $77,829.00 $77,829.00 $77,829.00 BRIDGE 37C-0114 PE $313,500.00 $250,800.00 $20,900.00 $20,900.00 $20,900.00 ROW/Construction $1,489,000.00 $1,318,212.00 $56,929.00 $56,929.00 $56,929.00 Tota] $1,802,500.00 $1,569,012.00 $77,829.00 $77,829.00 $77,829.00 Grand Total $3,605,000.00 $3,138,023.00 $155,659.00 $155,659.00 $155,659.00 • 2 . If, upon the opening of bids for the award of a construction contract, it is found that.a cost overrun of no more than ten percent (10%) of the estimated Project cost set forth above will occur, the parties shall proceed with the Project in accordance with this Agreement if HBRR funds are still available for payment of the Caltrans share of the Project costs as described above. However, if such bids indicate that a cost overrun exceeding ten percent (10%) of the estimated Project cost set forth above will occur, the parties and Caltrans will endeavor to agree upon an alternative course of action. If no such agreement is reached within thirty (30) days after the opening of bids, this Agreement shall be deemed to be terminated by mutual consent and each party shall be responsible for payment of its respective share of the Project costs incurred to the date of termination. 3. PROJECT ADMINISTRATION. (a) Duties of Saratoga Saratoga shall be the lead agency for the Project. The Director of Public Works, shall act as Project Administrator and is authorized to provide any approvals required under this Agreement on behalf of Saratoga except for construction plans and specifications, which plans and specifications may be approved only by the Saratoga City Council. As lead agency Saratoga shall perform the following duties: . (1) Solicitation of proposals for engineering services and award of contract. (2) Arranging for the preparation of surveys, topographic maps, soils and geotechnic reports as maybe required. (3) Conduct of environmental reviews and proceedings as may be required for CEQA and NEPA compliance. (4) Obtaining such permits as may be required from other governmental agencies for construction of the Project. (5) Performance of all acts and execution of all documents as may be necessary or appropriate for receipt of HBRR funds from Caltrans equal to the Caltrans share of the total Project cost as described in Section 2, above. (6) Contracting for the preparation of construction plans and specifications and submission of the same for review and approval by Los Gatos and the District. (7) Preparation of bid documents, advertisement for bids and award of construction contract (s), subject to approval thereof by Los Gatos and the District. 3 (8) Arranging for relocation or removal of any utility installations . that conflict with the Project. (9) Administration of the construction contract(s), including supervision and inspection of the work to assure compliance with the approved plans and specifications, disbursement of advances to the contractor(s) based upon work satisfactorily completed, and processing of any change orders. (10) Issuance of final Project approval, with the concurrence of Los Gatos and the District, and recordation of Notices of Completion. (b) Duties of Los Gatos Los Gatos shall promptly review and respond to all materials submitted by Saratoga for review and approval in connection with the Project. No approval in connection with the Project shall be unreasonably withheld. By approving this Agreement, the Town Council of Los Gatos authorizes Kevin Rohani, the Town Engineer to provide any approvals required under this Agreement on behalf of Los Gatos, except approval of construction plans and specifications which plans and specifications may be approved only by the Los Gatos Town Council. (c) Duties of District District shall promptly review and respond to all materials submitted by Saratoga for review and approval in connection with the Project. No approval in connection with the Project shall be unreasonably withheld. Sue A. Tippets, Engineering Unit Manager for District is authorized to provide any approvals required under this Agreement on behalf of District, and issue an encroachment permit signifying District approval for construction of the project. 4. LIMITATION ON POWERS OF LEAD AGENCY. The powers and duties herein conferred to Saratoga, as the lead agency for the Project, shall not include the power: (a) To make any material change in the approved plans and specifications for the Project, except for changes necessitated by unforeseen field conditions, without the prior written consent of Los Gatos and the District; or (b) To enter into any contract in excess of $10,000 or increase any contract by more than $10,000, for the performance of professional, consulting or construction services without the prior written consent of Los Gatos and the District. 4 5. PAYMENT OF PROJECT COSTS. (a) In addition to its own respective share of the Project cost, Saratoga shall periodically advance the amounts to be paid with HBRR funds, pending a reimbursement for such advances by Caltrans; provided, however, Saratoga may, at its option, withhold any advance which is not legally required to be made if Saratoga has not received full reimbursement from Caltrans for all prior advances. (b) During the project engineering phase (prior to award of a construction contract) Saratoga shall invoice Los Gatos and District for their share of project engineering costs not more often than once per month. Los Gatos and District shall pay the invoiced amount within thirty (30) days after receipt of billing from Saratoga. Following receipt of a responsive bid for construction and approval of the proposed contract(s) by Los Gatos and District Saratoga shall prepare an invoice to Los Gatos and District covering all estimated costs to be incurred for construction and completion of the Project. Los Gatos and District shall pay the invoiced amount within thirty (30) days after receipt of billing from Saratoga. Any additional costs not included in the original construction invoice and recoverable pursuant to the terms of this agreement shall be included in subsequent invoices and paid within 30 days. In accordance with section 6, below, each party shall be responsible for the full local share of right of way acquisition costs within its territorial jurisdiction. (c) Upon completion of the Project, Saratoga shall furnish to Los Gatos and the District a detailed accounting of all actual Project costs. If such accounting shows that the amounts deposited by Los Gatos and the District pursuant to Paragraph (b) above exceed their respective shares of the actual Project cost, the excess shall be reimbursed within thirty (30) days after the accounting is submitted. If such accounting shows that the amounts deposited by Los Gatos and the District are less than their respective shares of the actual Project cost, Los Gatos and the District shall pay the deficiency to Saratoga within thirty (30) days after the accounting is submitted. 6. RIGHT-OF-WAY ACQUISITIONS. If it is determined that the acquisition of any right-of--way is required for the Project, the municipal party having territorial jurisdiction over the property to be acquired shall be responsible for obtaining such right-of--way in accordance with applicable Caltrans standards and conducting any proceedings that may be necessary in connection therewith; provided, however, no contract for legal services shall be awarded and no eminent domain action shall be commenced without the prior approval of Caltrans. Right-of--way acquisition shall constitute a Project cost, to be allocated between Caltrans and the municipalities in accordance with the tenns of this Agreement. 7. INSURANCE REQUIREMENTS. 5 Saratoga shall include in any contracts awarded for design or construction of the Project a requirement that the consultant and/or contractor, at all times during design and construction and until final acceptance of the work, maintain in full force and effect the following insurance policies: (a) Broad form comprehensive liability insurance having a combined single limit of not less than $ 2,000,000 per occurrence, naming Saratoga, Los Gatos, the District, and their respective officers, officials, boards, commissions, employees and volunteers as insureds hereunder, and providing each agency an endorsement making said coverage primary. (b) For construction contracts, builder's risk insurance covering the replacement cost of the improvements, with a loss payable clause naming Saratoga, Los Gatos and the District, as their respective interests may appear. (c) Worker's Compensation insurance as required by state law, together with employer's liability insurance having a coverage limit of not less than $1,000,000 per accident. (d) For design consultants, professional liability insurance having a limit of not less than $2,000,000. 8. BONDING REQUIREMENTS. • Saratoga shall require the contractor who is awarded the contract for construction of the Project to provide performance and payment bonds in the amount of one hundred percent (100%) of the contract price. 9. PROJECT RECORDS. Saratoga shall keep and maintain a complete copy of all costs and expenditures relating to the Project, together with a complete copy of all plans, specifications, reports, contracts and other documents relating to the Project, and the same shall be available for inspection by Los Gatos and the District at any time during usual business hours. 10. TERMINATION OF AGREEMENT. In the event a contract for construction of the Project is not awarded by December 1, 2010, this Agreement shall terminate unless extended by mutual consent of all parties hereto. Upon such termination, Saratoga shall refund to Los Gatos and the District any balance of their respective contributions remaining after deduction of the Project costs incun•ed to the date of termination and payable by each party under the • teens of this Agreement. 6 11. LIMITATION OF LIABILITY. No party to this Agreement shall be responsible or liable to any other party or parties for any act or omission made in good faith in connection with the performance of its duties hereunder nor shall any party be responsible or liable for any act or omission by any consultant or contractor retained for the performance of any services related to the Project. The parties shall contribute equally towards any loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the Project. This paragraph shall not be constructed to exempt any party, including its employees and officers, from its own fraud, willful injury or violation of law whether willful or negligent. 12. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to nonbinding mediation in California. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties or litigation may pursued. In the event any of these disputes resolution processes are involved, each party shall bear its own costs and attorneys fees. 13. JURISDICTION AND SEVERABILITY. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 14. ASSIGNMENT. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 15. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 16. ENTIRE AGREEMENT. 7 This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor for Authority and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No Alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. APPROVED AS TO FORM: CITY OF SARATOGA By Saratoga City Attorney Mayor ATTEST: City Clerk APPROVED AS TO FORM: Los Gatos City Attorney APPROVED AS TO FORM: Water District Counsel TOWN OF LOS GATOS By Mayor ATTEST: Town Clerk SANTA CLARA VALLEY WATER DISTRICT By Chief Executive Officer ATTEST: 8 ENAVr"E'EB' C®PY ~ Cont.-aet ,~5dmia. fJait AGil4'T. At ~ 4•S3 S Reg. # S/ 3 COOPERATIVE AGREEMENT CONCERNING QUITO ROAD BRIDGE REPLACEMENTS THIS AGREEMENT, dated June 19, 2001 , by and between the CITY OF SARATOGA, a municipal corporation ("SARATOGA"), the TOWN OF LOS GATOS, a municipal corporation ("LOS GATOS"), and the SANTA CLARA VALLEY WATER D15TRICT, a public agency of th'e State of California ("Districct"), is made with reference to the following facts: A. Pursuant to the Federal Highway Bridge Replacement and Rehabilitation Program ("HBRR")> Saratoga has applied for and received a commitment for the California Transportation Commission to allocate HBRR funds for participation .in the replacement of two bridges on Quito Road which cross 'San Tomas Aquino Creek, identified as Bridge No. 37C01 ] 3 and Bridge No. 37C0114 (" the Project"). B. San Tomas Aquino Creek is under the jurisdiction and control of the District and each of the bridges to be, replaced crosses the common boundary line between ' Saratoga and Los Gatos. C. It is expected that HBRR funds will be made available for payment of eighty percent (80%) of the total Project cost. The parties hereto have agreed to share the remaining twenty percent (20%) of the total Project cost, as hereinafter set forth. D. The Federal Highway Administration has granted authorization to .proceed with the Project, and approval has been granted by`Caltrans to proceed with Preliminary Engineering Design. E. The parties desire to execute this Agreement in order to establish their respective rights and obligations .concerning the administration, financing and construction of the Project. NOW, TIHEREFORE, it is weed as follows: 1. SCOPE OF PROJECT. The Project shall consist of the replacement of Bridge No. 37C0] 13 and Bridge No. 37C0114 on •Quito Road near Old Adobe Road including the acquisition of any necessary right-of--way. Al] work shall be performed in accordance with plans and specifications approved by Saratoga, Los Gatos, the District, and all local, State and Federal Agencies having jurisdiction over the Project or whose approval is otherwise required for receipt of HBRR funds. ATTACH1vIENT 2 ~r ~ ,,, 2. ALLOCATION OF PR03ECT COST. (a) Each of the parties has executed this Agreement in reliance upon the commitment by Caltrans to contribute eighty percent (i;0%) of the total Project cost. In the event an agreement for such contribution is not executed between Saratoga and Caltrans, this Agreement shall automatically terminate and each of the parties shall be released from any further obligation or liability hereunder. (b) Saratoga, Los Gatos and the District agree . that the remaining twenty percent (20%) of the total Project cost shall be divided equally between them. (e) The term "total Project cost," as used in this Agreement, shall mean the total of all direct expenditures relating to the Project, including, but not limited to, the cost of engineering, surveys, topographic maps, geotechnic and soils reports, environmental reviews and reports, preparation of plans and specifications, and preparation of bid documents; right-of--way acquisition costs; demolition and construction costs; publication, printing and advertising costs; and personnel costs of Saratoga staff, based upon actual time expended on the Project plus applicable indirect and overhead expenses. (d) Based upon the preliminary estimated Project cost, the allocation thereof between the parties would be as follows: TOTAL HBRR ESTIMATED FUNDS COST 8D% SARATUGA LOS GATOS DISTRICT BRIDGE 37CD113 5805,D00 $644,DDD 553;667 $53,667 $53,666 BRIDGE 37CD114 5805,000 . $644,000 $53,667 $53,667 553.666 51,610,000 $1,288,000 $]07,334 $107,334 $]07,332 If, upon the opening of bids for the award of a construction contract, it is found that a•cost overrun of no more than ten percent .(10%) of the estimated Project cost set forth above will occur, the parties shall proceed with the Project in accordance with this Agreement if HBRR funds are still available for payment of eighty (80%) of the Project cost. However, if such bids indicate that a cost overrun exceeding ten percent (1D%) of the estimated Project cost set forth above will occur, the parties and Caltrans will endeavor to ab ee upon an alternative course of action. If no such agreement is reached within thirty (30) days after the opening of bids; this Agreement_ shall be deemed to tie terminated by mutual consent and each party shall be responsible for payment of its respective share of the.Project costs incurred to the date of termination. ~ _r° ~::: a. .. .: .,;:: 3. PROYECT ADMINISTR.4TI®N. (a) IDuties of Saratoga Saratoga shall be the lead agency for the Project. The Director of Public Worlcs, shall act as Project Administrator and is authorized to provide any approvals required under this Agreement on behalf of Saratoga. As lead agency Saratoga shall perform the following duties: (1) Solicitation of proposals for engineering services and award of contract. (2) Arranging for the preparation of surveys, topographic maps, soils and geotechnic reports as maybe required. (3) Conduct of environmental reviews and proceedings as may be required for CEQA and NEPA compliance. (4) Obtaining such permits as may be required from other governmental agencies for construction of the Project. (5) Performance of all acts and execution of all documents as may be necessary or appropriate for receipt of HBRR funds from Caltrans equal to eighty percent (80%) of the total Project cost. (6~ Contracting for the preparation of construction plans and specifications and submission of the same for review and approval by -Los Gatos and the District. ('~ Preparation of bid documents, advertisement for bids and award of construction contract (s), subject to approval thereof by Los Gatos and the District. ' (8) Arranging for relocation or removal of any utility installations that conflict with the Project. (9) Administration of the construction contract(s), including supervision and inspection of the: work to assure compliance with the approved plans-and specifications, disbursement of advances to the contractor(s) based upon work satisfactorily completed, and processing of any change orders. (10) Issuance of final Project approval, with the concurrence of • Los Gatos.and the District, and recordation of Notices of Completion. (b) Duties of Los Gatos Los Gatos shall promptly review and respond to all materials submitted by Saratoga for review and approval in connection with the Project. No approval in connection with the Project shall be unreasonably withheld. By approving this Agreement, the Town Council of Los Gatos authorizes (Name} LARRY PERL I N , (Title)PARKS & PUBLIC WORK{ provide any approvals required under this Agreement on behalf of Los Ga os, exp t any approvals required pursuant to Section 6 of this Agreement. (c) Duties of District District shall promptly review and respond to all materials submitted by Saratoga for review and approval in connection with the Project. No approval in connection with the Project ,shall 1be~ unreasonably withheld. (Name) l ~~ar, (Title) ~L.~n~~.n!'no ~.~ni~~ r'~~ai?ox')~istrict is authorized to provide any approval equired under this Agreement on behalf of District. 4. LIMITATION O1V POWERS OF LEAD AGENCY. The powe;s and duties herein conferred to Saratoga, as the lead agency for the Project, shall not include the power: (a) To make any material change in the approved plans and specifications for the Project, except for changes necessitated by unforzseen field conditions, without the prior written consent of Los Gatos and the District; or (b) To enter into any contract in excess of $10,000 or increase any contract by more than $10,000, for the performance of professional, consulting or construction services without the prior written consent of Los Gatos and the District. 5. PAYMENT OF PROJECT COSTS. (a) In addition to its own respective share of the Project cost, Saratoga shall periodically advance the .amounts to be paid with HBRR funds, pending a reimbursement for such advances by Caltrans; provided, however, Saratoga may, at its option, withhold any advance which is not legally required to be made if Saratoga has not received full reimbursement from Caltrans for all prior advances. 4 ot8 -r ~ ~ ~ ,.,..~ ,: ;® "' (b) Los Gatos and the District shall deposit with Saratoga their respective shares of the Project cost within thirty (30) days after receipt of billing from Saratoga. A billing will be sent upon approval of this Agreement, covering all estimated costs to be incurred until the start of construction. A second billing will be sent upon award of the construction contract(s), covering all estimated costs to be incurred for construction and completion of the Project. (c) Upon completion of the Project, Saratoga shall famish to Los Gatos and the District a detailed accounting of all actual Project costs. If such accounting shows that the amounts deposited by Los Gatos and the District pursuant to Paragraph (b) above exceed their respective shares of the actual Project cost, the excess shall be reimbursed within thirty (30) days after the accounting is submitted. If such accounting shows that the amounts deposited by Los Gatos and the District are less than their respective shares of the actual Project cost, Los Gatos and the District shall pay the deficiency to Saratoga within thirty (30) days after the accounting is submitted, 6. RIGHT-OF-WAY ACQUISITIONS. If it is determined that the acquisition of anyright-of--way is required for the Project, the party having temtoria] jurisdiction over the property to be acquired shall be responsible for obtaining such right-of--way and conducting any proceedings that may be necessary in connection therewith; .provided, however, no contract for legal services shall be awarded and.no eminent domain action shall be commenced without the prior approval of the other parties and Caltrans. Right-of--way acquisition shall constitute a Project cost, to be allocated between Caltrans and the parties in accordance with the terms of this Agreement. 7. INSURANCE REQUIREMENTS. Saratoga shall include in any contracts awarded for design or construction of the Project a requirement that the.consultant and/or contractor, at all times during design and construction and until final acceptance of the work, maintain in full force and effect the following insurance policies: (a) Broad form comprehensive liability insurance having a combined single limit of not less than $ 2,000,000 per occurrence, naming Saratoga, Los Gatos, the District, and their .respective officers, officials, boards, commissions, employees and volunteers as insureds thereunder. (b) For construction contracts, builder's risk insurance covering the replacement cost of the improvements, with a loss payable clause naming Saratoga, Los _. _ - Gatos and the District, as their respective interests may appear. ._ _ ,~ ,:, - ,® (c) Worker's Compensation insurance as required by state law, together with employer's liability insurance having a coverage limit of not less than $1,000,000 per accident. (d) For design consultants, professional liability insurance having a limit of not less than $1,000,000. 8. BONDING REQUIREMENTS. Saratoga shall require the contractor who is awarded the contract for construction of the Project to provide performance and payment bonds in the amount of one hundred percent (100%) of the contract price. 9. PROJECT`RECORDS. Saratoga shall keep and maintain a complete copy of all costs and expenditures relating to the Project, together with a complete copy of all plans, specifications, reports, .contracts and other documents relating to the Project, and .the same shall be available for inspection by Los Gatos and the District at any time during usual business hours. 10. TERNIINATION OF AGREEMENT. In the event a contract for construction of the Project is not awarded by October 1, 2002, this Agreement shall terminate unless extended by mutual consent of all parties hereto. Upon such termination, Saratoga shall refund to Los Gatos and the District any balance of their respective contributions remaining after deduction of the Project costs incurred to the date of termination and payable by each party under the terms of this Agreement.. - 11. LIMITATION OF LIA33ILITY. No party to this Agreement shall be responsible or liable to any other party or parties for any act or omission made in good faith in connection with the performance of its duties hereunder, nor shall any party be responsible or liable for any . act or omission by any consultant or contractor retained for the performance of any services related to 'the Project. The parties shall contribute equally towards any loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the Project. This paragraph shall not be construed to exempt any party, including its employees and officers, from its own fraud, willful injury or violation of law whether willful or negligent. i _rn ., .~ 12. IDISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to nonbinding mediation in California. If mediation does not amve at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any of these dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 13. JURISDICTION AND SEVER.ABILITY. This Agreement shall be administered and interpreted under the laws of the State of Califoma. Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 14. ASSIGNMENT. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 1'S. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 16: ENTIRE AGREEMENT. This Agreement supersedes any and al] agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor for Authority and contains a]] of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties - hereto. ~ „r v ~.~.. • IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. APPROVED AS TO FORIYI: SAR:ATOOA CITY ATTORNEY APPROVED AS TO FORM: P c~ LOS - ATOS TOWN ATTORNEY APPROVED AS TO FORM: ~~ WATE DISTRICT GENERAL COUNSEL CITY OF SARATOGA ATTEST: TY CLERK -- TOWN O L S TOS.. ' BY L RITE, INTERIM.- T WM~MNNAGER ATTEST: TOW'M~CLE-RK-.~ `~ SANTA CLARA. VA]~LEY WATER DISTRICT BY,Fy f'~~ s9c`Cr~i~U'~iC~-~ ~.__ ATTEST: ~'~-~~ 8 ors LJ -- EN, ]i~I3 COPY - ~on~•isct Admin. >(Init AGriI'I'. ~.~.~ZS~6'35.,~:~~,cc1. # " `>i,--.f- i_;*~ ` A7VfFr~j~'T't~' l~Ti ~'F?ll~P~+'T24TTd'F 4(TRFF+MFIlTT CONCER1vlITvG Q>`TI7['Q~ RCTAD IBRI1)GE REPLACEIltI~FJ1!TtII~OF'TETE"'O`?iTPT ~l.l<rlt'a AGR ~: ; V,rHERF'AS, the CITY OF SARATOGA ("Saratoga"), the TOWN OF )/'6SZ~.. os Gatos"), azid the: SANTA CLARA, V.EiLLEY WATER DISTR3CT ("Distri~l~~tavz~. - certain Cooperative Agreement daaed Tune 19, 2001, concerning the replacer~~nt-e~tufe-b;~!g~~ Quito Road which cross San Thomas; Creek, identified as Bridge No. 37Q~ 3 anc~r~d~e •No. _~,. 3700114 ("the Project"); and i WHEREAS, the Cooperative Agreement provides in paragraph 2.d allocation of the :Project .cost to fie as follows: , TOTAL HBRR ESTIMATED 1~TJNDS C'nST (fi~°/1 S4RAT(~f;A T,(~,4 CATn,4 1~T~TRTC"T BRIDGE 370-0] 13 $805,000 BRIDGE 37G0114 TS..O.OQ $1,610,000 anal $644,000 $3,667 $644,QOIl S; S~Z $1,288,000 $107,334 $53,667 $53,666 $53.,5b.Z $5.3,6.6fi $107,334 $1.07,332 WHEREAS, the Cooperative Agreement provides in paragraph 10 for a termination on October 1, 2002, in the event a conrl~act for construction of the Project is not awazded by such date; anal ~~f~'. WHEREAS, th Coopoz~at7ve Agreement states in paragraph 3.b, that the Town Coturcil of Los Gatos authorizes ~,a~--Pri~in;' Pailcs and Public Works Director, to provide any approvals required undrr the Ag~eement on behalf of Los Gatos; and WHEREAS, the parties desire to extend the Cooperative Agreement as hereinafter set forth, NOVd TIIEP.EFOI'.E, the unc`lersigned parties hereby agree to amend the Cooperative A~~eement as follows: 1. In paragraph 2.d the tol:al project cost allocation between the parties shall be a~. follows: TOTAL FI1jRR ESTJMATF,D F[T~IDS ~,ST .(' °i °AP,ATt~r~- T.C~.4 C;ATS2S 1~I4TRTC'T I311IDGE37C'-0113 57;767,500 593.4,000 $77,8?3 577,833 5177,834 BRIDGE 370'-O7 l4 .51r1b25.I11 ~~.=~a rLr10 5.2Zt°'-:~ 7 ~. 52;335,000 51,808,000 5155,666 $155,666 $l5{,668 _..~... ~ _:, A'!'TACHMF,IVT 3 ,. TO'VV1~1 OJC+' LOS GE'iTOS 2, In para~aph 10 'the date of termination of Agreement shall be extended to December 1, 2004. 3. In para~aph 3.b the person authorized by the Town Counci] of Los Gatos to provide any approvals required under the Agreement on behalf of L,os Gatos shall.be 1!~evin Rohani, the Town Engineer. Except as herein modified, i:h.e Cooperative Agreement is declared to be in full force and effect. APPROVED A.S TO FORM:: Saratoga City Attorney APPROVED AS TO FORM: CITY OF SAE~ATOGA s By l v Mayor ~~~ ATTEST: ~ ~ ~. -~ `sue ~~ Clerk : i ,~ :,' ,~ 1. L~atos City Attorney APPROVLU A5 TO FORM: Water D strictuGeneraJ Counsel By ~ - ' Mayor ATT~fST: ~~ wn~C^lei~~ SAIVTP~ CLARA ~~AI.:LE~' i~'A7('l~'R I?I S'A'Rl CT ~ __.__, / ~ /, +j, \ --- %: .--~ .. ~.J SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 ORIGINATING DEPT: Public Works PREPARED BY: AGENDA ITEM: CITY MANAGER: ~~C~-~---- LLB PT HEAD: ~~ C ~.~JC~-~--~ SUBJECT: Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project (Federal Project STPL-5332-088) -Federal FY 06-07 STP Grant- Extend Existing Contract with Top Grade Construction, Inc RECOMMENDED ACTION(S): 1. Move to extend the existing Contract with Top Grade Construction, Inc to complete Saratoga-Sunnyvale Road Rehabilitation & Overlay Project -Phase 2 in the amount of $570,000. 2. Move to authorize construction contingency in the amount of $40,000. 3. Approve Budget Resolution. REPORT SUMMARY: On December 20, 2006, the City Council awarded Phase 1 of the Saratoga-Sunnyvale Road Rehabilitation & Overlay Project to Top Grade Construction, Inc. Included in Top Grade Construction's contract is the overlay of Saratoga-Sunnyvale Road from UPRR tracks to Blauer Drive. The majority of both Phase 1 and Phase 2 of the Rehabilitation Project are funded on a reimbursement basis through a Federal STP grant, with the City contributing a mandatory 11.47% local match: This local match is a condition for receiving Federal funds. The second Federal STP grant is now available to the City of Saratoga to complete the Phase 2 Rehabilitation Project from Blauer Drive to Herriman Avenue. The City has the option to either go to bid for Phase 2 or extend the existing awarded contract with Top Grade Construction to complete this phase. Public Works staff negotiated with Top Grade Construction who has agreed to extend their existing quantities at the awarded competitive unit price. The engineer's estimate based on the awarded unit price for Phase 2 is $570,000.00 (Attachment 1). The City has received formal approval from Caltrans Local Assistance to combine Phase 1 work (UPRR tracks to Blauer Drive) with Phase 2 work (Blauer Drive to Herriman Ave). Should the City of Saratoga decide to go out to bid on the Phase 2, the increase in the market unit price for asphalt concrete will likely increase the overall price of the project. In addition, the City will save staff time and funds by not bidding the second phase and the traffic impact will be reduced by the combining the phases. It is therefore recommended that City Council authorize staff to extend the contract with Top Grade Construction to complete the second phase of the Rehabilitation Project from Blauer Drive to Herriman Ave. Additionally, it is recommended that Council authorize staff to execute change orders to an amount of $40,000 to cover any unforeseen circumstances which may arise during the course of the second phase project. FISCAL IMPACTS: The current funding program for Federal STP grant FY 06/07 is broken down as follows: Reimbursement Amount (Federal Grant): $367,000 Local Match (City's 11.47% Non-Reimbursable Contribution): $47,550 $414,550 Sufficient funding is available in the adopted budget. The cost of the local match and the additional paving cost not covered by the grant are available in the operating budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Top Grade Construction, Inc. existing contract will not be extended and the City of Saratoga will not be able to take advantage of the low awarded competitive unit prices that Top Grade Construction has agreed to hold. ' ALTERNATIVE ACTION(S): Bid the Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project. FOLLOW UP ACTION(S): The contract will be extended. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Project estimate at the awarded unit price 2. Budget Resolution a` ~c c O .~ N O v a a a c A L O y L L a~ a l6 a m o O a` .. 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O ~ O ~ ~ ~ ~ ~ r r Q ~ ~ Q Q ~ ~ r= ~ Z J Z J W J W W W W W J W Z J Z J Z J Z J Z J Z J ~++ W '+' '+' W Z J Z J Z J O 0 O m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O rn O O O O O O O O O O O O 0 O 0 O 0 O 0 O O O O O N m O h ~ 0 ~ •C ~p I~ ~ W O N O O O O O m O m O m N N N N O O O h O N R V O O ' O O N N 0 rn 0 rn 0 rn O rn al V d m O N YJ t~l M N N O ~ lh C ) l7 u1 r O O ~ N cJ R Hl m t~ W rn O N t+> V ~ m I~ m rn .- N e7 V i m f~ m W N N N N N N N N N N d w RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET OF THE CITY OF SARATOGA FOR FISCAL YEAR 2006/07 TO PROVIDE FUNDING FOR SARATOGA-SUNNYVALE ROAD REHABILITATION & OVERLAY PROJECT - PHASE 2 WHEREAS, City desires to rehabilitate and overlay Saratoga-Sunnyvale Road from Blauer Drive to Herrman Avenue; and WHEREAS, City desires to extend the existing contract with Top Grade Construction, Inc. to perform the work; and WHEREAS, it is necessary to amend the Fiscal Year 2006/07 CIP Budget as follows: Account Description Account # Amount Increase Saratoga-Sunnyvale Rd. project funding 150-3015-532-5241 $353,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves the budget adjustment to the FY 2006/07 Operating Budget. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21st day of March 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor City of Saratoga Attest: Cathleen Boyer, City Clerk s SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 AGENDA ITEM: ~"~ ORIGINATING DEPT.: Community Development CITY MANAGER: ~ ~~-- Dave nderson PREPARED BY: ~ DEPT. HEAD: ~ " " Suzanne T omas, Assistant Planner John F. Li ngstone, AICP SUBJECT: FY 2007/08 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING RECOMMENDATION 1. Conduct the Public Hearing. 2. Adopt the attached Resolution (Attachment 2) authorizing the Community Development Department to submit funding allocations to Santa Clara County for CDBG proposals totaling $138,090. BACKGROUND The Department of Housing and Urban Development [HUD] makes annual disbursements of Housing and Community Development Act [HCDA] funds for eligible projects and activities. Saratoga and six other "non-entitlement" cities (population under 50,000) within Santa Clara County receive federal HCDA funds from the Community Development Block Grant [CDBG] Program. Non-entitlement cities receive funds through a cooperative agreement with the County of Santa Clara, the locally responsible grant recipient. Expenditure of these funds is restricted by federal and county regulations. DISCUSSION The availability of CDBG funds for eligible projects and activities was publicized in the Saratoga News during the month of January 2007. Four applications were received during the application cycle. Summaries of all applications are provided in Attachment 3. The full application packets are available for review in the Planning Department at City Hall. Councilmember Jill Hunter has reviewed the four applications, which are all discussed in this report, and provided comments and direction to the Community Development Department. The County has announced that $138,090 will be available for FY 2007/08. Of that amount, $35,564 may be spent on public service CDBG activities. The term "public service" typically includes services that are considered social services or human services. HUD places a cap on the amount of money spent for public services. This is a reflection of Congress wanting CDBG funds to be used for mostly "bricks and mortar." For several years, Saratoga Area Senior Coordinating Council (SASCC) was the only agency receiving Public Service funds. Last year, funding was also provided to Cupertino Community Services, Inc. (CCS), which provides regional assistance to lower income families in the West Valley area, including the City of Saratoga. Both of these agencies have requested funding for FY 2007/08. These requests total $47,770, exceeding the amount of allocable funds by $12,206. It is recommended that both agencies be funded by distributing the funds in identical proportions to the 2006/07 distribution: 77.7% to SASCC ($27,633) and 22.3% to CCS ($7,931). FY 2007/08 CDBG FUNDING RECOMMENDATIONS 1. CDBG Public Service Activities. Because of the CDBG Public Services cap, the maximum amount that may be allocated to public service activities by the City of Saratoga is $35,564. SASCC -Adult Day Care Pro rg am Saratoga Area Senior Coordinating Council (SASCC) submitted its annual proposal for CDBG Human Services funding for continued support of the SASCC Adult Day Care Center Program for FY 2007108. Their total requested amount is $33,000, which is 11.1% of the estimated annual budget to operate the Adult Care Center. For FY 2006/07, SASCC requested $37,284 (15.6% of the estimated annual budget) and received $30,000 in CDBG funds for this program. Recommendation: Fund the Saratoga Adult Day Care Program with $27,633. CCS -Food Pantry and Emergency Rental/Utility Assistance Cupertino Community Services, Inc. (CCS) submitted a proposal for CDBG Human Services funding for FY 2007/08. This funding will provide continued support of a food pantry and emergency rental/utility services for approximately 93 lower-income Saratoga households (252 individuals) that were served in FY 2005/06. The total requested amount of funding is $]4,770, which is 6% of the estimated annual budget to operate. h1 FY 2006/07, CCS requested $9,276 (5% of the estimated annual budget) and received $8,611. Cupertino Community Services, Inc. has served lower income Saratoga households for 31 years. In FY 2005106, Saratoga residents received food support equal to 14,825 pounds, which was 6% of all food distributed by CCS. Seventeen (17) emergency vouchers were issued to Saratoga residence for rental/utility service assistance. Rent/utility assistance is a once in a lifetime service and each year CCS provides a minimum of 10 vouchers to Saratoga. Recommendation: Fund Cupertino Com»iu~niry Services with $7,931. 2. CDBG Capital and non-Public Service Projects. The maximum amount that may be allocated to CDBG Capital and non-Public Services Projects is $74,526. SASCC -Pantry Expansion Saratoga Area Senior Coordinating Council (SASCC) submitted an application for a CDBG Capital and non-Public Service project to expand the pantry and build an exterior closet for the water heater, which is currently located inside the pantry. This would add 13.5 square feet to the pantry's current 38.5 square foot area, in addition to freeing up the space currently occupied by the water heater. The total amount requested is $30,000, which is approximately 92% of the total project cost. CDBG Capital and non-Public Service Project funds must be used for one of three types of projects: (1) urgent needs, such as earthquake recovery; (2) removal of blight or slums; or (3) meeting the needs of low-income residents. The one exception to the third option is if the project supports ADA needs. h-t order to qualify as a project that supports low-income residents, 51% of all those who are being served by the kitchen/pantry must be identified as low-income. This would include not only everyone from the Adult Care Center and the Senior Center, but also every person who uses the facility when the site is rented out. Based on this, the proposed project would not meet the minimum requirements. Recommendation: Do not allocate requested funds. City of Saratoga Public Works Department -Accessible Signal Program The City of Saratoga Public Works Department has submitted an application for a CDBG Capital and non-Public Service project to update city-owned signals with audible signals for the visually impaired. The Americans with Disabilities Act (ADA) requires access to the public right-of-way for people with disabilities. Access to traffic and signal information is an essential factor in providing safe and independent street crossing for visually-impaired pedestrians. The City of Saratoga's Traffic Engineer has developed afour-year implementation plan based on location, proximity of services, population, traffic patterns, public transportation access, community requests, and funding availability. The total project cost will be $225,750. The amount requested for each of the four years is as follows: $55,600/year for the first two years, $64,800 for the third year, and $79,750 for the fourth year. This will allow the City to complete four intersection upgrades each year (and five during the last year). However, if additional funds are available, additional intersections could be upgraded on an accelerated schedule. Recommendation: Fund the Public Works Department Project with $74,526. L SHARP Revolving Housing Rehabilitation Loan Program Saratoga has been offering low interest housing rehabilitation loans for low-income residents for over 20 years. At one time the City managed and provided funds for low- income housing rehabilitation projects through the CDBG program. The City no longer manages a housing rehabilitation program and instead has entered into a Joint Powers Agreement with Santa Clara County under the Housing and Community Development Act whereby the County now manages glow-income housing rehabilitation program for the City. The program currently has $59,000 available and no additional funding has been requested by the County. 3. Urban County Rehabilitation Services and Program Administration. The maximum amount that may be allocated to CDBG Urban County Program Rehabilitation Services and Program Administration is $28,000. Urban Count~Rehabilitation Services The City's SHARP Revolving Housing Rehabilitation Loan Program is administered by the Santa Clara County Housing and Community Development Department [HCD]. The program provides low-interest loans to income-eligible homeowners for home repairs such as new roofs and electrical upgrades. HCD charges $13,000 (of CDBG funds) per year to administer the program for the City. The cost covers processing loan applications, determining eligibility, processing loan paperwork and coordinating payments to the contractors doing the repair work. Recommendation: Fund the County Rehabilitation Assistance program with $13,000. Cit~Program Administration Each fiscal year, $15,000 is set aside for the general program administration costs incurred by the City. These funds go towards the City's expenses for processing applications, administer contracts, prepare and submit reports to regulatory agencies and to participate in Urban County program activities. Recommendation: Fund the City Program Administration program with $15,000. FISCAL IMPACTS The CDBG funds for FY 2007/08 are federal Housing and Urban Development funds administered by Santa Clara County and allocated to participating cities. There is no impact from these recommendations on General City funds. ~_~ i CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S) The City's FY 2007/08 CDBG allocation will remain with the County, and Saratoga will not meet its goals related to providing continued housing assistance, rehabilitation and human services to low income and disabled residents in the City. FOLLOW UP ACTION(S) Forward Council's CDBG recommendations to the County of Santa Clara and execute contracts with agencies receiving funding. ATTACHMENTS 1. FY 2007/08 Funding Allocations Table 2. Resolution 3. Application Summaries Cc: CDBG Applicant agencies Attachment 1 FY 2007/2008 Community Development Block Grant Funding Allocations Table Agency Type Project Amount Amount Requested Recommended SASCC CDBG Adult Day Care Program $33,000 $27,633 (Public Services) Cupertino CDBG Cupertino Community $14,770 $7,931 Community (Public Services Food Pantry and Services Services) Emergency Services City of Saratoga CDBG ADA Accessible Signal $255,750* $74,526 Program SASCC CDBG Pantry Expansion $30,000 0 County of CDBG Urban County $13,000 $13,000 Santa Clara Rehabilitation Services City of Saratoga CDBG Program Administration $15,000 $15,000 GRAND $138,090 TOTAL Breakdown of FY 2007/2008 CDBG Allocations: $74,526 CDBG -non-Public Service $35,564 Public Services Cap ($27,633 and $7,931) $15,000 Program Administration $13,000 Housing Rehabilitation Loan Administration $138,090 TOTAL * This project is scheduled to be phased over four years. $55,600 has been requested for the first year. However, if additional funds are available, the project schedule can be accelerated. • Attachment 2 RESOLUTION NO. ., .. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDS FROM SANTA CLARA COUNTY UNDER THF, FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT FOR FISCAL YEAR 2007/2008 WHEREAS, the City previously entered into a Joint Powers Agreement with Santa Clara County to form an Urban County under the Housing and Community Development Act; and WHEREAS, the City Council finds and determines that the following proposals represent the community development needs in Saratoga; and NOW THEREFORE, BE IT RESOLVED, that the Community Development Department is hereby authorized to submit a proposal for the expenditure of FY 2007/08 CDBG funds in the amount of $138,090 for the following allocations: Agency Type Project Amount Amount Requested Recommended SASCC CDBG Adult Day Care Program $33,000 $27,633 (Public Services) Cupertino CDBG Cupertino Community $14,770 $7,931 Community (Public Services Food Pantry and Services services) Emergency Services City of Saratoga CDBG ADA Accessible Signal $255,750* $74,526 Program SASCC CDBG Pantry Expansion $30,000 0 County of CDBG Urban County $13,000 $13,000 Santa Clara Rehabilitation Services City of Saratoga CDBG Program Administration $15,000 $15,000 GRAND $138,090 TOTAL * This project is scheduled to be phased over four years. $55,600 has been requested for the first year. However, if additional funds are available, the project schedule can be accelerated. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 21st day of March, 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk Attachment 3 Application Summaries ~J r CITY OF SARATOGA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FY 2007-2008 • APPLICATION SUMMARY Name and Address of Applicant Organization: Saratoga Area Senior Coordinating Council P.O. Box 3033 Saratoga, CA. 95070 Name of Project: Saratoga Adult Care Center Please complete questions 1-8 for ALL projects: 1. Total amount of CDBG funds requested and percentage of total cost: $33 OOO.This reuresents 12.2% of our 2007-2008 estimated budi'et for the Adult Care Center. 2. Total project cost (all sources): $270,094 3. Number of paid staff for CDBG funded project: 9 (3 full time 6 Hart-timel 4. Number of volunteer staff for CDBG funded project: 25 5 Percent of budget for administration (of project): 5% . 6 ated cost per housing unit or per client: Antici N/A . p 7. Amount of CDBG funds requested last year: $37,284 8. Amount of CDBG funds received last year: $33,000 For Category I project only, (acquisition or new construction) 9 Number of affordable units* in project: N/A . 10. Anticipated date of occupancy: N/A *Units affordable to very ]ow income and ]ow income individuals or families paying no more than 30% of household income. C:\Documents and Settings\Owner\Desktop\Genie's Files\Fund Development\Grants\CDBG\CDBG 07-08\CDBG ACC oper 07-O8.doc Page 1 Cupertino Community Services Comprehensive Assistance Program • CITY OF SARATOGA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FY 2007-2008 APPLICATION SUMMARY Name and Address of Applicant Organization: Cupertino Community Services 10104 Vista Drive Cupertino, CA 95014 Name of Proj ect: Community Assistance Program (CAP) Please complete questions 1-8 for ALL projects: 1. Total amount of CDBG funds requested and percentage of total cost: $14,770.00 6% 2. Total project cost (all sowces)• $245 380.00 3. Number of paid staff for CDBG funded project: 2 •4. Number of volunteer staff for CDBG funded project: 120 5. Percent of budget for administration (of project): 14% 6. Anticipated cost per housing unit or per client: $123.28 ner client 7. Amount of CDBG funds requested last year: 9.276.00 _ 8. Amount of CDBG funds received last year: _ $5,611.00 For Category I project only, (acquisition or new construction) 9. I~TUmber of affordable units* in project: N.A. 10. Anticipated date of occupancy: N.A. *Units affordable to very low income and ]ow income individuals or families paying no more than 30% of household income. i CITY OF SARATOGA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FY 2007-2008 . APPLICATION SilM1VfARY Name and Address of Applicant Organization: Saratoga Area Senior Coordinating Council P.O. Box 3033 Saratoga, CA. 95070 Name of Project: Pantry Expansion Please complete questions 1-8 for ALL projects: 1. Total amount of CDBG funds requested and percentage of total cost_:_ $30,000.This represents 11.1% of our 2007-2008 estimated budget for the Adult Care Center. 2. Total project cost (all sources): $32.500 • 3. Number of paid staff for CDBG funded project: 2 (part-timel 4. Number of volunteer staff for CDBG funded project: 0 5. Percent of budget for administration (of project): _ Est. 10% of contractor's cost; SASCC time donated 6. Anticipated cost per housing unit or per client: N/A 7. Amount of CDBG funds requested last year: $8,150 (capital) 8. Amount of CDBG funds received last year: _ $8.150 (capital) For Category I project only, (acquisition or new construction) 9. Number of affordable units* in project: N/A 10. Anticipated date of occupancy: N/A *Units affordable to very low income and low income individuals or families paying no more than 30% of household income. C:\Documents and Settings\Owner\Desktop\Genie's Files\Fund Development\Grants\CDBG\CDBG 07-08\CDBG ACC cap 07-08.doc Page 1 • CITY OF SARATOGA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FY 2007-2008 APPLICATION SUMMARY Name and Address of Applicant Organization: City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Name of Project: Accessib]e Signal Program Please complete questions 1-8 for ALL projects: 1. Total amount of CDBG funds requested and percentage of total cost: $55,600, 100% of cost of the installation contractor and product and Davis-Bacon compliance contractor for 4 intersection uperades 2. Total project cost (all sources): $55,600*.this year. *Part of a 4 year project $55 600/Year for 2 years $64 800 the 3rd year and $79,750 the 4a' Year. If additional funds were to become available additional intersections could be up¢raded in anv given year !Total for 4 year project $255,750). 3. Number of paid staff for CDBG funded project: None 4. Number of volunteer staff for CDBG funded project: 2 Saratoga City Staff 5. Percent of budget for administration (of project): _0% for administration, City will ~a~staff time. 6. Anticipated cost per housing unit or per client: N/A 7. Amount of CDBG funds requested last year: N/A 8. Amount of CDBG funds received last year: N/A For Category I project only (acquisition or new construction): 9. Number of affordable units in project: _N/A 10. Anticipated date of occupancy: N/A SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 AGENDA ITEM: ~~/ ORIGINATING DEPT: City ~~ ag . CITY MANAGER: ~~G~-G-~ .._ ~ PREPARED BY:: `~~, ~~ ~! iGC~ ;' 1 7~ j ~~DEPT HEAD: Barbara Powell, Assistant City Manager SUBJECT: Authorization to Issue Request for Conceptual Proposals -North Campus RECOMMENDED ACTION(S): Receive report and authorize issuance of Request for Conceptual Proposals (RFCP) for the North Campus. REPORT SUMMARY: At its March 2, 2007 Retreat the City Council discussed potential parameters to be used in developing an RFCP for the North Campus facility. The Council directed staff to prepare an RFCP and to schedule authorization to issue the RFCP at the earliest feasible Council meeting. Attached for the Council's review and approval is a proposed RFCP. The RFCP process will be advertised in the local media. In addition, interested parties that have already contacted the City will receive a copy of the proposal package. FISCAL IMPACTS: Fiscal impacts will include the cost of advertising, photocopying and postage, which can be accommodated under the FY 2006107 City :Manager's Office' budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The RFCP will not be issued. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): If applicable, implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda according to the Brown Act. ATTACHMENTS: Request for Conceptual Proposals Date Name Address City, State, Zip Subject: Request for Conceptual Proposals for Use of the City of Saratoga's North Campus Buildings and Grounds To Whom It May Concern: The City of Saratoga is requesting conceptual proposals for use of the City's North Campus Buildings and Grounds. The City is interested in fully utilizing the site, and is currently renovating two of the buildings. At the same time, the City desires to consider • the range of possible options for the site, and to undertake abroad-based approach in order to solicit creative options for its use. As described on the attachment, proposals are being sought for use of some or all of the site for one or more programs of community benefit. Conceptual proposals may address individual buildings or the entire site. In order for your proposal to be considered, submit eight (8) copies containing the information described in the attachment to this letter no later than Friday, May 11, 2007 at 5:00 p.m. to: Barbara Powell Assistant City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1215 Sincerely, Barbara A. Powell Assistant City Manager Request for Conceptual Proposals • for use of the City of Saratoga's North Campus Buildings and Grounds BACKGROUND: The City of Saratoga ("City") owns a 2.6 acre parcel of land with four buildings and site improvements, located at 19848 Prospect Road, Saratoga, known as the "North Campus". The site was formerly occupied by the Grace United Methodist Church, and was sold to the City in 2002. Structures on the site include: Buildin Gross Floor Area ft Year of Construction Administration 2,763 1978 Fellowshi Hall 3,500 1971 Sanctua 2,624 1961 Education 1,909 1963 A map of the parcel showing the location of these buildings and existing parking and landscaped areas is included as Attachment "A". The site is zoned R-1-10,000, with a Public Facilities (PF) General Plan designation. The City is seeking conceptual proposals from parties interested in entering into an agreement for use of some or all of the site for one or more programs of community benefit. Conceptual proposals may address individual buildings or the entire site: Individual Building(s): Renovation and lease of one or more of the four existing buildings on the site. Entire Site: Preparation of a Master Plan for the entire site that may include removal and replacement of one or more of the four existing buildings and refurbishment of the grounds, including landscaping, associated irrigation system(s), parking lots, walkways, exterior lighting and other site improvements. Design and construction of the improvements identified in the Master Plan. • Operation and maintenance of the buildings and grounds through along-term lease agreement between the City and another organization or entity. CURRENT PROJECTS UNDERWAY AT THE SITE: The City is currently undertaking improvements to two of the four buildings at the site -- the Administration Building and Fellowship Hall. These improvements are listed on Attachment "B". While plans had included weatherproofing the Education Building and using it for storage purposes only, this work is currently on hold. The City does not intend to undertake improvements to the Sanctuary Building at this time; it is currently being used as storage. In addition, the City plans to undertake some landscaping and . irrigation system improvements during summer 2007. Improvements to the • Administration Building are scheduled for completion by May 1, 2007, while improvements to the Fellowship Hall are anticipated to be completed by November 30, 2007. PROPOSAL REQUIREMENTS: 1. Background: Provide a description of yourself, your organization or company and the experience and qualifications you have relevant to the program(s) you are proposing. Include the following information: a. Organizational structure (e.g. non-profit, foundation, community organization, private company, private individuals) b. Names, contact information (address, phone, fax, a-mail) for the principal representatives that will serve as the City's point of contact together with names and contact information for other representatives c. Relevant experience and qualifications d. A completed proposal summary sheet (included as Attachment "C") 2. Description of project: Describe in detail the project(s) you are proposing for the North Campus site. Include the following information: a. General description of project(s) b. Community(ies) you intend the project(s) to serve (age groups, number of . anticipated participants, geographic area, other characteristics) c. Community benefits to be provided by the project(s) d. Portions of the site you intend to utilize (buildings, site improvements) e. Improvements you intend to undertake (include any renovation, demolition, new construction) and rough estimate of improvement costs f. Specific program functions for which you intend to use the buildings and site features g. Aspects of the site that make it appropriate for your intended purpose (e.g. location, building/site features, proximity to other facilities, etc.) 3. Site plan: Provide a simple site plan indicating the building(s)/site improvements you intend to utilize and a general sketch of the proposed improvements. 4. Funding: Identify the funding source(s) you intend to use for start-up and ongoing costs of your proposed project. Identify the timeline for obtaining your funding. NOTE: The City of Saratoga will not be providing any matching funds for project funding. 5. Use/Operation of Facility: Describe your reasonably preferred terms (e.g. month-to-month rental, long-term lease, preferred duration of lease, reasonable lease payments) for utilizing the portions of the site proposed for your • program(s). 6. Submittal Deadline: As described in the cover letter, all proposals must be received by the City Manager's Office no later than 5:00 p.m., Friday, May 11, 2007. All proposals must be provided in hard copies. Fax and a-mail submittals will not be accepted. Proposals submitted after the deadline due to mailing or other delivery delays will not be accepted. OPEN HOUSE AND ADDITIONAL INFORMATION: The City will. provide proposers with opportunities to ask questions of City staff, review a Building Assessment Report prepared by Noll & Tam Architects, and view the facility at two non-mandatory open houses to be held at the dates and times listed below: Open House #1 Open House #2 Date: Wednesday Saturday April 18, 2007 April 21, 2007 Time: 9:00 a.m. to Noon 9:00 a.m. to Noon Location: on-site on-site Copies of the Building Assessment Report may also be reviewed at City Hall, 13777 Fruitvale Avenue, Saratoga or on the City's website at www.saratoga.ca.us. PROPOSAL PROCESS: The City has received a number of informal inquiries from individuals and organizations interested in utilizing the North Campus Facility. The City is undertaking this process in order to gather written conceptual proposals from interested parties, so that all proposals can be reviewed and evaluated in relation to one another. All proposals will be considered public records available for inspection pursuant to the Public Records Act. Following the submission deadline, it is anticipated that the City will further refine the parameters it will consider for improvements to and utilization of the site based upon the proposals received, staff review, public comment and deliberations by the City Council. The City may then undertake a second proposal process, which would require submittal of significantly more detailed information, and through which individual(s), organization(s) and/or company (ies) may be chosen to enter into an agreement with the City to implement projects at the North Campus facility. Alternately, the City may decide to pursue an alternative approach to planning for the North Campus. The City may suspend the proposal process at any time, and may choose to not enter into an agreement for implementation of program(s) at the North Campus. If you have any questions, please contact Barbara Powell, Assistant City Manager at (408) 868-1215 or at bpowell a(~saratoga.ca.us. Attachment "A" i N W PROSPECT ROAD ¢ a U J Re N ~: rw, p a ..r ,a. ~ J ~ .. e ___} ._ ~- ..___ _ . - _.~- . ~ i W } ~ i ! $ 3 Z b 0 ~ o-~n ~ ~ 1, . ~ ~ ~, e.am~ v v ~.. ~.. +S S%" 'v 'td 4:7~ sf w s~ ~w.K.a clab m.. Q ~ . .... ~...,.. _ x,y.+e ~ _ ^""°- _ a"°'° '" _ ~__ T _ _ _ 1 ~_ saran ~_„<. _ ~ _ _ ~ J _ Q 16 ~f IL ~~ ~`^ Y ~ Y* ~ P9 IV ~ Penc S off . J ~ _ ~ 4 ~S rv e1U %i I", II ( fi~w~r ~ ... tM 1 1 W ~ Y P. ~ S F i i7G tir ; t ,. , f=~'MN Si Pence_).~< ofl eiw ~i.~ ~ , ~ g ~ w~c ~ (?~~± 2s'ro} S ~' t ~ wce r ~.. 2oro) f~ Kpyp. 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Attachment "B" North Campus -Planned Improvements ADMINISTRATION BUILDING • Remove working counter and vertical track partition; repair wall • Paint interior & exterior • Remove room dividers and repair walls • Replace/relocate ceiling tiles in large room • General clean-up, fix low "vent" windows in place and minor repairs • Upgrade restrooms • Install new kitchen appliances • Install 2 new HVAC units with roof rework • Fill in fire pit area to floor level • Re lace existin car et FELLOWSHIP HALL • Demolish present restrooms & build new ADA restrooms • Create storage area • Noise abatement & testing • Remove ceiling insulation • Install interior wall sound board • New multi-purpose flooring in large room • Paint interior & exterior • Instail new kitchen appliances with relocated hock-ups as needed, cabinets and flooring Install Fire Alarm Systems • Install Fire Suppression system over range • Upgrade ceiling & lighting systems • Construct janitorial room and HVAC spaces • HVAC -- install 5-ton unit plus new duct work • Plumbing -- service/snake all clean-outs, sewer lines & grease traps • General clean-u and re airs GENERAL • Install Si na e • Electrical S stem U rade • Communications; Phones/Com uters • Furniture/Tables/Chairs SITE IMPROVEMENTS LANDSCAPING/ OUTDOOR AREAS • Landscape upgrades (includes around classrooms & Sanctuary) • Restore picnic areas New, larger water meter • Redo turf irrigation • Parkin Lot Li htin u date & avement repairs n '~ "D o m v ~ O Q CD (D M O N O 7 N Q O (D O v 0 o~ 0 m 0 CD v LT C Q ~~ ~~ N a 0 O (D d O C CD N v 0 m m d m a c° ., c c ~ c ~ ~_ C ~ N 3. ~ ~ ~ O 3 `G S .C' = O ~ ~ -w ~ ~ O Z C v i o cD ~ •V 4 N ~ ma PR fp a OO ~ ! H n. ~ O O ° v O y <D 4 Ol fQ y O _. Q ~' k a m Q n 0 rt c v (D n '6. .-. O 7 O_ 0 N 0 N O O 0 v .., CD "D O O O N v C v N N O cQ v Z 0 S n N C N W C Q 7~ cn N a 0 C Q D v m 7 ,-. n SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 ORIGINATING DEPT: Admin Services AGENDA ITEM: CITY MANAGER: ~~/~---~ Dave Anderson PREPARED BY: Mary Furey DEPT HEAD: ~ ~ e Y1 n Ma Fwey SUBJECT: FY 2006/07 Mid-Year Operating and Capital Budget Report RECOMMENDED ACTION(S): Review proposed budget adjustments, and adopt resolution approving the amendments to the City's FY 2006/07 Operating and Capital Budgets. REPORT SUMMARY: Staff recommends Council approve several Operating and Capital Budget appropriations, including the unbudgeted TEA funding allocation and planned appropriations as discussed at the March 2, 2007 Council Retreat, and additional budgeted revenue and expenditure corrections. Mid-Year Budget Adjustment Recommendations: General Fund Revenues Budgeted Property Tax Revenue is to be increased by an additional $785,777 of TEA Property Tax to be received in FY 2006/07, however staff has determined that budgeted Property Tax Revenue also needs to reverse a budget adjustment adopted July 19, 2006 which incorrectly anticipated a $520,000 reimbursement of the State's ERAF III Property Tax take-away in FYs 2004/05 and 2005/06. The two-years of take-aways were considered by the State to be a contribution, not a loan, as part of the Proposition lA agreement. The State does not intend to reimburse cities, counties, special districts, and redevelopment agencies for this funding. While budgeted Property Taxes are increasing $785,777 from the original FY 2006/07 adopted budget, the net effect an increase of $265,777 from the adjusted budget. As the July 19, 2006 resolution both increased the revenue and designated uses for this anticipated revenue, a correcting entry on the revenue side leaves the expenditure budget unbalanced. This shortfall will be offset in part by a $200,000 revenue increase in budgeted Interest Income, as this revenue is exceeding expectations. Staff expects year-end fund balance to offset the remaining $320,200 revenue shortfall. TEA Allocation On the March 2, 2007 Council Retreat, the Council reviewed the FY 2006/07 projected financial status at year end and discussed how to appropriate the City's $1.8 million of available Undesignated Fund Balance. The following consensus was reached by the City Council: 1) $1,100,000 for the Kevin Moran Park C1P 2) $100,000 for the Railroad Crossing CIP 3) $50,000 to increase Council contingency funds 4) $25,000 one-time funding for KSAR 5) $75,000 one-time funding for community grants (unspecified) 6) $450,000 to a Special Projects Reserve The budget resolution attached to this staff report includes the above funding allocation direction as determined at the March 2°`~ Council Retreat. Operating transfers are also included to move budget from the General Fund to the appropriate CIP funds as approved. Council changes would require afollow-up staff report and resolution. Tree Replanting In the Parks Program, both revenue and expenditure budget appropriations are required to account for tree fine revenue and matching expenditures for tree replanting activities. Currently, tree fines are held in a deposit account, with revenue recognized as the tree expenditures are incurred. The FY 2006/07 budget did not include revenue and expenditure budget for this work, and as a result, tree replanting activity is expected to cause both revenue and expenditure budgets to exceed the program's adopted budget. To date, tree replanting expenditures are approximately $50,000, and the level of activity is expected to run close to $100,000 by the end of the year. Because expenditures are funded by revenue held in the tree fine deposit account, these budget adjustments will not impact General Fund Balance. The deposit account currently holds approximately $145,000. Genera[ Plan Update A budget adjustment is requested to increase General Plan Update revenues and expenditure appropriations from $30,000 to $80,000 in FY 2006/07. The General Plan Update Fee is collected as a component of planning fees, and is expended on General Plan element updates throughout the year - again a set of matching accounts. If revenues exceed expenditures at year- end, the balance will be held in a deposit account until expended. the following year. If expenditures exceed deposits, a deposit liability will be recognized until reimbursed the following year. Staff expects General Plan Update revenues to total approximately $80,000 each year, with matching expenses. The adopted budgets of revenue and expenditure appropriations were in error, and staff asks that the budgets be corrected to the $80,000 amount to properly fund the activity. The General Plan Update expenditures are tied directly to revenue, so this budget increase would not impact General Fund's fund balance. 2 • CDBG Funds The County annually allocates CDBG Grant Funding to the City of Saratoga for qualified ADA Projects. Over a number of years, the County approved a total of $191,050 of CDBG funding for ADA improvements in Hakone Gardens, which was incorporated into the CDBG Fund expenditure budget for FY 2006/07. hi a CIP Update report to the Council on September 6, 2006, funding for this project was appropriated again in a CIP Project Fund (shown as funded with CDBG money), but not removed from the CDBG Fund's budgeted expenditures. Staff requests this oversight be corrected by decreasing the budgeted expenditure in the CDBG Funds as project expenses are being paid from t:he Hakone Gardens CIP Fund. The adjustment does not impact fund balance as CDBG funding revenue will be reimbursed to the CIP fund directly. Equipment Replacement Fund The City maintains an Equipment Replacement Fund for purposes of accumulating funding for the replacement of vehicles and heavy equipment. The FY 2005/06 year-end fund balance totaled $247,149 which staff had believed was carved forward in total as budgeted appropriations into the next year, and therefore expended the remaining funds in FY 2006/07. The current adjusted budget of $238,538 requires a budget adjustment increase of $79,915 for the FY 2006/07 expenditures, to be offset by the Equipment Replacement Fund's fund balance. FISCAL IMPACTS: Revenue and expenditure budget adjustments fiscal impacts were described above and are listed • by account in a summary schedule on the following page: 3 FY 2006/07 MID-YEAR BUDGET ADJUSTMENTS Increase or Increase or Offset to (Decrease) (Decrease) FUND REVENUES EXPENDITURE BALANCE General Fund 001 1040 411 0100 Increase TEA Property Tax Allocation $ 785,777 001 1040 411 1600 Decrease budgeted Statetake-awayreimbursement (520,200) Netlncreasein Property Tax Revenue 265,577 001 1040 461 0100 Increase Interestlncomerevenue 200,000 Net increase in Interest Income 200,000 001 1005 511 5135 Increase Council Contingency funding 50,000 001 7030 572 5672 Increase KSAR Support funding 25,000 001 7030 572 0000 Increase Community Grants funding (unspecifred) 75,000 001 0000 399 9904 Special Projects Reserve Fund Balance 450,000 Operating Transfer Out 001 9090 597 1012 Increase Operating Transfers Out to CIP Projects 1,200,000 Net decrease to GF year end fund balance (1,800,000) 001 3030 443 5300 Increase Veefinerevenue 100,000 001 3030 532 5716 Increase tree planting expenditures 100,000 Development Fund 250 4005 444 1300 Increase General Plan Update Revenue 50,000 250 4005 542 5243 Increase General Plan Update Expenditures 50,000 CDBG Fund 270 7015 572 5129 Decrease to correctduplicate Hakone Gardens exp (191,050) No impact to fund balance -correcting entry only Equipment Replacement Fund 501 1091 532 6005 Increase Equip Replacement Fund's exp budget 79,915 Decrease [o Equip Repl Fund YE fund balance (79,915) Capital /neprovement Funds 791 4791 622 5241 Increase Kevin Moran Park Improvement project exp . 1,100,000 790 4790 622 5241 Increase RR Crossing Improvement project exp. 100,000 Operating Transfer In 791 4791 622 5241 Increase Operating Transfertn for CIP 1,200,000 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Council would postpone amending the Mid-Year Operating and Capital Budgets, and direct staff to bring back a revised resolution to the following Council Meeting. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): If Council adopts the proposed resolution, the appropriation amendments will be posted to the • Operating and Capital Budgets. 4 ADVERTISING, NOTICING AND PIJBLIC CONTACT: Notice for this meeting. ATTACHMENTS: 1. Attachment 1 -Resolution Amending the FY 2006/07 Operating and Capital Budgets. • Attachment 1 RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE FY 2006/07 OPERATING AND CAPITAL BUDGETS WHEREAS, the City Council has received and reviewed the FY 2006/07 Mid-Year Budget Amendment Report; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves to accept the budget amendments as submitted and authorizes adjustments as follows: Increase or (Decrease) REVENUES Increase or (Decrease) EXPENDITURES Offset to FUND BALANCE General Fund Increase TEA Property Tax Allocation $ 785,777 Decrease budgeted State take-away reimbursement (520,200) Net Increase to Property Tax Revenues 265,777 Increase Interest Income revenue 200,000 Net increase to Interest Income Revenue 200,000 General Fund Increase Council Contingency funding Increase KSAR Support funding 50,000 25,000 • Increase Community Grants funding (unspecified) 75,000 Special Projects Reserve Fund Balance 450,000 Increase Operating Transfers Out to CIP Projects 1,200,000 Net decrease to GF year end fund balance (1,800,000) General Fund Increase tree fine revenue 100,000 Increase tree planting expenditures 100,000 Development Funds Increase General Plan Update Revenue 50,000 Increase General Plan Update Expenditures 50,000 CDBG Funds Decrease to correct duplicate Hakone Gardens exp (191,050) No impact to fund balance -correcting entry only Equipment Replacement Fund Increase Equip Replacement Fund's exp budget 79,915 Decrease to Equip Repl Fund YE fund balance (79,915) Pavement Management Program Increase Kevin Moran Park Improvement project exp. 1,100,000 Increase RR Crossing Improvement project exp. 100,000 Increase Operating Transfer In for CIP 1,200,000 6 Attachment 1 AND BE IT FURTHER RESOLVED, that the Administrative Service Director is directed to record these changes into the City's accounting records in accordance with appropriate accounting practices. The above and foregoing resolution was passed and adopted at a regular meting of the Saratoga City Council held on the 215` day of March 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk 7 SARATOGA CITY COUNCIL MEETING DATE: March 21, 2007 ORIGINATING DEPT: Admin Services AGENDA ITEM: CITY MANAGER: ~~ , Dave Anderson PREPARED BY: Mary Furey DEPT HEAD: ~~wUt1i~~ Mary Fi ey SUBJECT: Proposed Master Fee Schedule Update for Fiscal Year 2007/08 RECOMMENDED ACTION Review staff's recommendations for proposed changes to the City's FY 2007/08 Master Fee Schedule, and provide direction to staff on proposed fee changes. REPORT SUMMARY The City Council annually reviews staff's recommendations for proposed changes to the City's Master Fee Schedule and provides direction to staff on the proposed changes, prior to holding a public hearing on the fee schedule. A public hearing is scheduled to be held on April 18, 2007. After holding the public hearing the Council will consider adopting a resolution which approves the FY 2007/08 Master Fee Schedule. Once adopted, the new Master Fee Schedule becomes effective on the first day of the next fiscal year (July 1, 2007), or 60 days after adoption, if later. Staff is recommending Council add various administrative fees that were not previously listed on the fee schedule, in addition to revising and updating a number of development and facility rental fees. The recommendations are based either on a survey of user fees in comparable local cities, or if more appropriate, at actual cost. Proposed fee changes are discussed in more detail in the following section. REPORT DISCUSSION Citywide Administrative Fees The City has not previously established a fee for copying records in the current Master Fee Schedule, and as a result, copy requests are currently provided at no charge. The proposed fee schedule establishes copy fees in accordance with the California Public Records Act regulation which allows public agencies to charge for the direct costs of duplication of records, including the duplication of electronic records. Far letter and legal size paper copies, a copy fee of 20¢ per page accounts for the approximate cost and is in line with comparable cities. Color copies are not available. The proposed Audio/Video Tape/DVD/CD copy fee of $20 is based on the one available city comparison. Documents requests to the Public Works and Community Development Departments may vary considerably and are often of a larger size that requires outside printing services. Staff recommends establishing an "actual cost" rate at this time, to provide for cost recovery for these items. The proposed fee schedule also recommends adding fees for copies of the City Budget and CAFR at a set rate which represents an approximate cost of the documents and which is closely in line with three city comparisons. The fee for a copy of the City Code is recommended at the actual cost as this is published by an external vendor that may increase costs throughout the year. These documents are also available online and in the Library at no charge. This year, an "Unlisted Fee" category was included in the Citywide Administrative Fees section to provide for cost recovery of services not currently identified or specified in the fee schedule. Community Development Currently, Community Development's planning fees vary as each fee is tied specifically to each individual project. Fees are determined by charging planner's time to an applicant's project at an hourly billing rate of $120 per hour. Applicants are required to make a fee deposit (usually ranging behveen $2,000 and $5,000) against which planner and attorney time is subsequently charged. This also requires staff time to track and justify the time spent on projects, and administrative time to process staff time through the payroll system and then reconcile back to the applicant's deposit -resulting in invoice requests for additional deposits as the project moves along, and the issuance of refunds at project completion. The administrative cost to track project services on a deposit basis is significant; staff believes efficiency can be increased through the • elimination of the hourly rate process. Staff is recommending converting a number of the major planning fee categories back to flat fees, based upon a comparison with other local agencies and a review of the approximate time spent on an average project at the present hourly rate. Additional fees would be reviewed in following years in order to determine whether project variations are such that a deposit should continue to be used, or whether a service fee should be converted back to a flat fee. The Community Development Department continues to set a goal of full cost recovery for all planning services. The flat fee rates are therefore based upon cost recovery at average activity levels; revenue is not expected to increase overall. Staff's analysis anticipates flat fees will continue to represent an average cost for each applicant while increasing efficiency within the department. Flat fees are also expected to provide applicants with a known factor, and therefore eliminate an element of applicant's discontent in the planning process. As a safeguard to the City, the proposed fee schedule includes a Complex Project Fee for applications that significantly exceed project processing expectations. No changes are recommended. for Building Department Fees in FY 2007/08. Building Fees were reviewed and updated over the last several years, and are currently at cost recovery levels, with rates comparable to other cities. Public Works The Public Works Department is recommending only one addition to the fee schedule other than the document duplication fees addressed in the Citywide Administrative Fees section - a Park 2 Attendant Fee. Currently, when a park is rented out for an event and the users require vehicle access into the park grounds, a staff member is required to open the gates and oversee the users. As most events occur on the weekend, a staff member comes into work in the morning for set-up time, leaves, and then comes in again in the evening for take-down time. Administrative time is then spent tracking the staff time and charging the cost out to the users. Staff is recommending a flat fee which represents an average cost for the two 3 hour minimum staff call-out times for this service. Again, a flat fee will provide a known cost element to users and improve staff's operational efficiency. Recreation The Recreation Department continues to set a goal of full cost recovery for recreation services and therefore adjusts class fees each quarter to account for ongoing program cost increases. The City does continue to subsidize the Teens Program however as it is recognized that teen recreation fees must be established at a lower level to encourage participation, and are therefore not sufficient to cover operating costs. As recreation program fees are adjusted and published as part of the quarterly brochure, recreation fees are not included in the annual user fee schedule update. However, facility rental fees are typically adjusted during the annual user fee update. Staff's review of current facility rental fees resulted in a recommendation to increase the security deposit for Community Center rentals from $100 to $300. Room rentals were also reviewed and the two large rooms were compared to similar settings in other cities. Based on staff s survey, the Community Center Multi-Purpose Room (with Kitchen) rate is proposed to be increased from $115 per hour to $120 per hour. The Senior Center Room (with Kitchen) rental rate is recommended to be increased from$100 per hour to $110 per hour. The remaining Community Center room rentals are not proposed to be increased this year. Staff will do a comparison study of rental rates for the North Campus room rentals shortly before the facility improvements are completed next fall. The Administration. Building's Conference Room is deleted from the public rental schedule as the room is already heavily reserved for city and community uses. FISCAL IMPACTS Staff reviewed current fees and associated expenditures, and concluded that the proposed revisions to the Master Fee Schedule are necessary for the City to maintain its approach toward a cost recovery position for provided services, and to improve efficiency in the case of conversion to flat fees. All of the fee increases are directly related to either increases in costs that support the related functions, or a revised assessment of the time spent providing the service. Staff has maintained proper documentations to support and justify the proposed increases and new fees. CONSEQUENCES OF NOT FOLLO«'ING RECOMMENDED ACTION The City will fall below the current cost recovery level. 3 ALTERNATIVE ACTION N/A FOLLOW UP ACTION Staff will prepare a Public Hearing report and bring back to Council on April 18, 2007. ADVERTISING, NOTICING AND PUBLIC CONTACT March 1, 2007 -Notice of Public Hearing Published March 21, 2007 -City Council to review staff recommendations and provide direction April 18, 2007 -City Council to hold a Public Hearing and consider adoption of the Resolution July 1, 2007 -Effective date for the FY 2007/08 Master Fee Schedule ATTACHMENTS 1. FY 2007/08 Proposed User Fee Schedule Update and Survey of Comparable Cities 4 Attachment 1 FY 2007/08 User Fee Schedule Changes and Survery of Comparable Cities - SARATOGA - - COMPARISON CITIES tlH .A F A! jd P {L ..ptt13Yg'~PYe~I~R ~ $ LlLd,d y~y~_ N~ Y ELA ~Sk 4 vi`ft] n~+re~9"+B ~'i'i X.~-ii4?f&1#~ke pyv' s ~~wj S AC,} S 4 A~R 4dL ~l~~ ~ = ' ,N~ :J„e}{5~3 i`SP4 AP £1 m. ~ w deb` ~b~A ~A$$^"~9FR3n* s R k'F.:, 3... ~' la~ . '1 ~Y~" v' ~.P' A ~ ii ose ed ~ - P Pro ~p~~s dLl3td Y~ ~ k ~~~TS3HL i'ft5p~1.' ~°Q°VP e 5` ak AL EI Li- ~ }i ~M "C C ~v~Eif .. .{. `~vS Vfi~ 5[~R§£`V. @.1G IP~~ W e. Z~.,c.'..Y ~ ~°,J$` ~ " ' "*a - A 'L ~ L i E y 4 . R ; ~a~ ~` ~ ~ ~ x Q., ~~e, A ~,g ,~. &~ , ~~ .~ ~k,~~~x s ~_?- ~Y-~LjY0. ~ m r ab ~txr ~ .~ h° em } .R i y rop d , pos ~ N, ~ , x , , ` ` ~ eim$`"' $~-' ® §».RSi~.k-P _ ~ ~, r 3 »r ~x ,~., os ~, o an vera eAy ~ ~ g p L¢a Ld.e m~4%-`~ ~`"~ ~e" r r ~ ~, 4~,~' ~: 'eC'4~-a; `~ ` i , ,per°~,~~R~~Lk;x,Fee~Gaie o~~!=_,Tifle ~v.„.n~ae . . °Ctrrent;Fee+,w~Fee~;~x, ,FeerBasts a .. c a Cam be11Gu ertiiio„~,Gaioss ~~rHd1,,~;~;,,F~e.~- #`stjClS~:. h~p,trse64,~~.3~.~ 5 b'i•~ L .,. ,- a z. ~ - ~•- ~1~~ a qts r } ^~}'p ~p^"x~~„ks ~ - 8 ors y a ~'~ x._ 'e ~"* "'4'~§ ~~ $ k ` ~&- ~`..`v_'. t` ~t~ $'i a t^~h Gt* -~~ ~ 4i4, m ~ ~t ~ "~~aw P~ ~'~ '~``~ 8 ~ `" °~~~~"` ~ ~ ~ ~ ~ N; F '~y42 £ .m . -`a's4 ti. e i 4k, a',~' 4 Nir, + x S .tl+isafthu% ~v~,~ '~ !~t tde°Admmtstrati~e,~Fees~ w ,.e~, _,. ~ }~€~~~~s~, '.~s.>~~,.. h = R.=~,~ w, ~ ~R ~~~=Ef Copy Fee (per page) none $ 0:20' comp 0.10 0.20 0.25 0.04 $ 0:15 AudioNideo Ta e/DVD/CD none $ 20 comp $ 20 varies none n/a $ 20 Posta e & Mailin none actualcost actual cost n/a n/a n!a n/a City Code (available online) none .actual cost actual cost $ 140 $ 77 $ 435 n/a $ 217 Duplicate Plans Sets none actual cos[ actual cost $ 12 $ 21 $ 52 n/a $ 28 Data Duplication -digital file .none actual cost actual cost n/a $ 21 $ 25 n/a $ 23 Data lluplication -using Plotter none actual cost actual cost $ 25 $ 21 $ 75 n/a ' $ 40 Data Duplication - e-file copy on CD .none actual cost actual cost rt/a $ 2] $ 100 n/a $ 60 Printing charges -per page (maps, plans etc.) none actual cost actual cost n/a $ ]0 $ 5 n/a $ 8 Address Process Fee .hourly rate $ 160 comp $ 8l n/a $ 200 $ 87 ' $ 123 All other co re nests none actual cost actual cost n/a n/a n/a n/a Unlisted Fee -Any services not specified in fee note actual cost actual cost actual cost n/a n/a n/a schedule may be charged at the actualcost (hour/v rate lus overhead ?~~ Cx~~a~+ ~1, ;.~a~`,-~'P '~'~fa~~f~," ~r9e ~~L~' ~ c "".~' ~ a sr~i.~~.~~,.$~~a ~ x~R~,~~~~°d.b~~ x ~ :, a~~ ~ s. ~x Lit ~ "` " * " iPa~^ s fi r` ,~a~sv~€',.. ~ ~-zr ,a ts,;„,, ~;~t° ~ ~ ~r~~ ~ ~. ' e.&~Admmtrattue Services ',~a F,tran ~~~a, ~~~~ x ~9~ ~ ~x~ L~ ,Ir,~" tf ~~t~"fir a ~ ~i~ ~~= >~_ _ ~ ~ ~ ,xzx ~~~:„~ ~ L~ +;'~~ Cit CAFR (available online none $ 30 comp $ 31 $ 30 $ 30 n/a $. 30 Cit Bud et (avai/able online none $ SO comp $ 45 $ 50 $ 50 n/a $ 48 q ~xr ~+,+~,.,~r '~~"~~ &h~,t~"`o- :~~' ~ N.~~v ar~.'~-" ~-r>' " ~ ~* t~: } d'~ s t "' " " ~'°~~y~*~' t~ ~ ~'~R~<re ~~ a~ ~.~ 5",u: ~` P w~e, ~i~g~v r ~ a~' ~ € `~` *~ ~',~ d" g ~ ~ ' ~ ~"a"a`,,, ° ~, ~ Commumt :Develo merit .=Phnom •DiStston ~» ~1.A ~ti4r ~ ~ x;.r' n. ~.~ ,~u~ . ~:, L~ x~A.~,u . ~ _, xtLa~ ~y?~.~ ~~ x , ,~~µ " ~ xr...~~~:a,? Desi n Review Admin Review hourly rate $ 3,400 comp n/a $ 2,840 n/a $ 3,911 '$ 3,376 ' n Review (Planning Comm Review) ltourlyrate $ 5,200 comp n/a $ 5,872 n/a $ 4,438 $ 5,155 orater. esign Review Single Family Addition - _ - - (2) Design Review Single Family New on Vacant Lot -. (3) Design Review Accessory Structure ~ - Use Permit Fee (Planning Comm Review) hourly rate ' $ 4,400 comp $ 3,026 $ 5,872 $ 3,64] $ 4,868 $ 4,352 Incorporates: _. (1) Use Permit - No New Construction (2) Use Permit -Addition to (incl demo & new contt.) ~ -, (3) Use Permit -Accessory Structure (4) Use Perini[ -New construction on vacant lot ~ - -- (5) Use Permit -Second Unit Planning Comm Tem orar Use Permit Plannin Comm .hourly rate $ 2,600 comp $ 3,026 $ 1,133 $ 3,641 n/a $ 2,600 Tem ora Use Permit Admin Review hourly rate $ 42S comp n/a n/a n/a $ 425 '$ 425 Variance Application Fee hourly rate $ 2,700 comp $ 1,436 $ 1,418 $ 2,678 $ 4,940 $ 2,618 Incorporates: (1) Single Family (to incl. demo ffi cons[r) (2) Variance -Accessory Structure (3) Variance -New Constr. vacant lot - - Lot Line Adjustment hourly rate $ 1,500 comp $ 900 $ 2,370 $ 1,220 $ 1,358 $ 1,462 Sign Permits - (Planning Comm) $ 500 $ ],800 comp $ 2,173 $ 1,660 $ 1,268 $ 1,975 $ 1,769 Incor orates Sin le and Multi-Tenant A lications Si n Permits - (Admin) $ 200 $ 300 comp $ 297 n/a $ 267 $ 333 $ 299 Complex Project Fee: hourly rate actual cos[ actual cos[ If it is determined that the applicator processing cost of a project will significantly exceed the established flat fee, the Community Development Director may convert project flat fees into an hourly rate in order to vet the City's actual costs. E^Rd.S ll2%*.'&.L^.e kRr 'd%fla1 '~~~ `6' MFR G r ~~ b ~~ ~~ v , "s s: a `• "P P ~'k ~;u~La ~. ,~ ~ iP" F``kd al ix 1 R 43H8'. tyLa"rv' :5Y ~ i~ r `c ~ 4a6"`<~ E' Wb ~ n e r' ~ §~Li_° o wz .t 5v ~~'.~ 3SP~°•'.. ~k€ y,. d.. .e.. ~~x `x ~af¢xL[ „ ~ . cWprks~Parks~ivtston ~~~E~.~~A z..r r.~s, ~« ~~+, ~ a sT~ asa~~sb.x,~` ~ ~ ~ xeears.Rn ft P}~~~~~` ~e~,w > ~~~~~d ~~."r~!~,r.a,. Park Attendant Fee actual cost $ 200 average cost n/a n/a n/a n/a $ Attachment 1 SAR,ATOGA ~ COMPARISON Community Center -Facility Rental Fces Security Deposit $ 100 $ 300 comp $ 300 $ 750 $ 600 $ 3S0 $ S00 Multi-Purpose Room with Kitchen $ 115/hour $ 120/hour comp $ 110 $ 230 $ SSO $ 1S0 $ 260 Senior Center Room with Kitchen $ 100/hour $ 110/hour comp $ 8S $ 12S $ 3S0 $ 100 $ 16S City Hall Administration Building Conference Room (no longer available far rent) $ 230/day delete fee n/a n/a n/a n/a n/a Note -Rental ees nre discounted 50% or ~'~'on-Pro rt Grou sand /Oi'o or Sarnto a Resident (limited to one discount er rental) ~J z