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CITY COUNCIL AGENDA 2007 04-18
S: c~~~S ~~ r ~s r~ APRIL 18, 2007 OPEN MEETING - 5:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE COMMISSION INTERVIEWS 5:00 p.m. 5:10 p.m. 5:20 p.m. 5:30 p.m. 5:40 p.m. 5:50 p.m. 6:00 p.m. Linda R. Rodgers Susie Nagpal Azmat H. Siddqi William A. Lapcevic Mitch Kane Peggy Guichard Judy Coulter Planning Commission Planning Commission Planning Commission Planning Commission Traffic Safety Commission Traffic Safety Commission Traffic Safety Commission OPEN MEETING - 6:15 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE Joint meeting with the Saratoga Youth Commission. REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on April 13, 2007) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-A~endized 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 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL a 0 w U ~G Report from the Saratoga Youth Commission. Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS Celebrate "Earth Day" by participating in Apple Computer's free electronic recycling event on Saturday, Apri121, 2007. For more information go to www.sarat~oa.ca.us CEREMONIAL ITEMS lA. Commendation Honoring the League of Women Voters for Sponsoring West Valley Cities "State of the City" Event Recommended action: Present conunendation. SPECIAL PRESENTATIONS 2A. Presentation - Sophia's Dream Recommended action: Informational only. 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. 3A. Check Register for Apri13, 2007 Recommended action: Accept check register 3B. Treasurer's Report for the Month Ended February 2007 Recommended action: Accept report. 3C. Approval of Contract for Bearing Officers Recommended action: Approve contract and authorize the City Manager to execute contracts. 3D. Agreement for Professional Consultant Services Recommended action: Authorize the City Manager to execute an Independent Contractor Agreement between the City of Saratoga and LSA Associates, Inc. for professional consultant services. 2 PUBLIC HEARINGS 4. Proposed Master Fee Schedule Update for Fiscal Year 2007/2008 Recommended action: Conduct public hearing and adopt the Purposed Master Fee Schedule for FY 2007/08. OLD BUSINESS None NEW BUSINESS 5. Purchase of Portable Buildings Currently Located at the Community Center Recommended action: Recommend Council approve a budget amendment in the amount of $67,271 and approve resolution authorizing City Manager to enter into a contract for the purchase of portable buildings currently used for recreation programs located at the Community Center. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Aileen Kao Association of Bay Area Government Hakone Foundation West Valley Mayors and Managers Association City School AdHoc County HCD Policy Committee Vice Mater Ann Waltonsmith Hakone Foundation Northern Central Flood Control Zone Advisory Board KSAR SASCC Sister City Liaison 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 Kind County Cities Association Legislative Task Force Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC' City School AdHoc 3 Prospect Road AdHoc Councilmember Jill Hunter Historic Foundation Library Joint Powers Association Santa Clara County Emergency Council Santa Clara County Valley Water Commission 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) Certificate of Posting of Agenda: I, Ann Sullivan, Deputy City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on April 13, 2007, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at wwin.sarato~a.ca.us Signed this 13`" day of Apri12007at Saratoga, California. Ann Sullivan, CMC Deputy Cit Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 4 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 5/2 Regular Meeting -Joint meeting with Villa Montalvo (Mt. Winery rescheduled) 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 -Joint Meeting with Hakone Foundation 8/1 Regular Meeting -Joint Meeting with Chamber of Commerce 8/15 Summer Recess -Meeting Cancelled 9/5 Regular Meeting -Joint Meeting with West Valley Board of Trustees 9/19 Regular Meeting 10/3 Regular Meeting 10/17 Regular Meeting 11/7 Regular Meeting 11121 Regular Meeting 12/5 Regular Meeting -Reorganization 12/19 Regular Meeting 5 SARATOGA CITY COUNCIL r~ 1.._J L~ MEETING DATE: Apri118, 2007 AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER: ~~ PREPARED BY: ~ ~_ DEPT HEAD: Cathleen Bover Citv Clerk Dave Anderson, City Manager SUBJECT: Commission Interviews for Planning Commission & Traffic Safety Commisison RECOMMENDED ACTION: Conduct interviews for Planning Commission and traffic Safety Commission. REPORT SUMMARY: The following people have been scheduled for interviews: 5:00 p.m. 5:10 p.m. 5:20 p.m. 5:30 p.m. 5:40 p.m. 5:50 p.m. 6:00 p.m. Linda R. Rodgers Susie Nagpal Azmat H. Siddiqi William A. Lapcevic Mitch Kane Peggy Guichard Judy Coulter Planning Commisison Planning Commisison Planning Commission Planning Commission Traffic Safety Commission Traffic Safety Commission Traffic Safety Commission There are two (2) vacancies to be filled on the Planning Commission to fill the expired terms of Susie Nagpal and Linda Rodgers. Both commissioners are eligible for reappointment and are in good standing with the Commission. The terms for these vacancies will expire on April 1, 2012. There are (2) vacancies on the Traffic Safety Commission to fill the expired terms of Mitch Kane and Peggy Guichard. Both commissioners are eligible for reappointment and are in good standing with the Commission. The terms for these vacancies will expire on April 1, 2012. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Planning Commisison or to the Traffic Safety Commission ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Adopt resolution and administer Oaths of Office on May 2, 2007 City Council meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Application of the above named applicants CITY OF SARATOGA COMMISSION APPLICATION FORM DATE: February 23, 2007 COMMISSION APPLYING FOR: Planning Commission MS. Linda R. Rodgers TELEPHONE: Home (408) 741-2281 Office (408) 741-2282 Cell (408) 666-5441(unreliable) EMAIL ADDRESS: LindaRodgers@msn.com ADDRESS: 21359 Tollgate Road, Saratoga, CA 95070 YEAR YOU BECAME A SARATOGA RESIDENT: 1998 _: ~. , ~ ..~~ a n~'~V 1002 ~ ~~,~, ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? yes WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? yes WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? yes BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: See supplemental sheet EDUCATIONAL BACKGROUND: See supplemental sheet ADDITIONAL INFORMATION OR COMMENTS: I have enjoyed the last three years on the Planning Commission. The Commissioners have a collegial approach to applications that is beneficial to the process and to the community. Commissioners listen to the applicants, neighbors and each other to gain important insights in finding a resolution of difficult matters. I would like to continue to be part of this process as Saratoga continues to be challenged to provide the best possible development of sensitive areas while guarding the important features that make Saratoga a special place to live. In addition, I believe that I can provide planning insight to important community wide issues such as how to create Saratoga's Green Agenda. I work hard and take my responsibilities seriously. I will continue to do that. REFERENCES: (Provide Name and Phone Number) 1. Susie Nagpal _ce11209-1627; work 271-5193 Z. Pauline Nist _ home 996-9202; cell 966-5229 3. Roland Findlay-home 253-0876 4. Lindsay Greensweig cell (650) 793-9587; work (650) 988-7649 PRINT NAME: Linda R. Rodgers SIGNATURE: ~.o-12_~~~ - C:\Documents and Settings\LRR\My Documents\Saratoga Planning Commission\Planning Commission Application Form 2007\Saratoga Commissions Application 2007.doc Linda R Rodgers Application for Saratoga Planning Commission 2007 Current Occupation and Employment Histo Since September 2001, I have been engaged in the practice of law in Saratoga, CA. I specialize in Labor and Employment Law, and am a solo practitioner. After passing the California bar examination, I worked at the law firm of Newton, Kastner and Remmel in Mountain View to learn the nuances of California employment law from one of the best employment law specialists in the area. Prior to our move to California, I spent two years in Texas, where I concentrated on passing the Texas bar examination. Prior to living in Texas, I lived in Oregon. In Oregon, I was an Assistant Attorney General in the State of Oregon Department of Justice where I received six Merit Service Awards for outstanding work. I was a litigation specialist assigned to major-impact litigation, labor law and other projects such as: a.) The successful defense of a 33 million dollar class action Title VII employment suit, alleging gender based discrimination against the eight colleges and universities of the Oregon State System of Higher Education. I was part of an Oregon Department of Justice team of four litigators, and served afterward as the official consultant to the Appellate team on the statistical issues; b.) A major First Amendment Establishment Clause case successfully challenging the incorporation of a theocracy at the City of Rajneeshpuram; c.) Oregon's suit to prevent location of a high level nuclear waste repository at Hanford, Washington, just across the Columbia River; d.) Successful defense of Oregon's Certificate of Participation financing program for capital expenses (GOP's are not revenue bonds nor are they backed by the full faith and credit of the state treasury, but only by the promise of the governor to make a request for repayment to each new legislature.); and e.) Creation of a blueprint for litigation of child labor and other wage cases for use by the Bureau of Labor and Industries. During this time, I volunteered to work with the Multnomah County District Attorney's office for 10 weeks to gain experience in trying cases to juries. (I won 3of 3.) I left the Department of Justice in 1990 to move to France for three years. Upon returning to Oregon, I worked as an independent arbitrator and hearings officer for state agencies, chiefly in Oregon. I also completed entry-level mediator training before moving to Texas. During this time I was active in the Forest Park Neighborhood Association, an official policy-advising organization of the City of Portland, Oregon, serving as Member of the Board of Directors and as President in 1996-1997. From 1974 to 1984, I worked as a public sector labor and employment law attorney in Massachusetts. For two years, I was in-house labor counsel to the (seven branches of the) trial courts of Massachusetts. Prior to that, I worked in the Office of Labor Relations for Worcester, C:\Documents and Settings\LRR\My Documents\Saratoga Planning Commission\Planning Commission Application Form 2007\Saratoga Commissions Application 2007.doc Massachusetts (the second largest city in New serving two years as Co-Director of the Office. Blackstone Water Pollution Abatement District. England) in various positions, eventually I was also labor counsel for the Upper Educational Background J.D., 1973, University of Pittsburgh School of Law, Pittsburgh, PA B.S. double major physics and history, minor in math 1970. Carnegie-Mellon University, Pittsburgh, PA. Member of honorary societies Cwens, Phi Tau Gamma. Minor in mathematics. Senior history thesis on the effects of transportation on the development of a Pittsburgh neighborhood, in conjunction with an urban history and planning course. Completion of basic training for mediators at Confluence Northwest in Portland, Oregon Additional Information or Comments I have always enjoyed public service. I have worked many years on an appointive or on a volunteer or an elected basis with state and local government, because I like to feel that my work is of value to the community as a whole. I always become involved in the issues that shape the community where I live. I think I have made a positive impact in Saratoga and would like to continue for one more term. Planning Commission, Saratoga, California. Member 2004- 2007; Chair 2006-2007. Hope to Health, HZH, a Committee of the El Camino Hospital Board of Directors. Founding member, drafted the bylaws and helped guide the group through the organizing process in 2004-2005. I served as first president in 2006-2007. The organization is described more completely on the Supplemental Questionnaire. President, 1996-97, and Member, 1994-96, of the Board of Directors, Forest Park Neighborhood Association, a division of the City of Portland, Oregon. Land use and transportation planning issues dominated our agenda, as we worked to anticipate the type of population growth we wanted to see and the type we did not want to have in our neighborhood. Environmental concerns and community livability were important elements for us in facing explosive development in our neighborhood that lies on the border of a major urban wilderness area and yet is seven minutes from the central square of downtown Portland. Acton, Massachusetts Personnel Board member, 1982-3. Town meeting form of government. Other: President of the Oregon State Bar Association's Civil Rights Section, 1986-7. Member, National Science Foundation Summer Science Program, research grant in organic chemistry, Rochester Institute of Technology, 1965. Westinghouse Science Talent Search participant, 1966. C:\Documents and Settings\LRR\My Documents\Saratoga Planning Commission\Planning Commission Application Form 2007\Saratoga Commissions Application 2007.doc 1 ' Linda R. Rodgers Page 1 4/4/2007 PLANNING COMMISSION SUPPLEMENTAL QUESTIONNAIRE Please print or type your answers to the following questions and submit with your competed application. You may submit additional sheets if necessary, to complete your answers. 1. Describe your involvement in community activities, volunteer and civic organizations. • Saratoga Planning Commission. Member 2004-2007, Chair 2006-2007. • Hope to Health, "H2H," a philanthropic committee of the El Camino Hospital Foundation Board dedicated to improving the health of women in need. Founding member, drafted bylaws and helped guide the organization process 2004-2005, First President 2006-2007. H2H members believe in the power of combined philanthropy. By combining our resources we increase awareness ofunder-funded programs, vote on which to fund thus maximizing the impact of our charity while addressing the health needs of women in the community. The dollars H2H disbursed, $75,000.00, have funded the gynecological and critical care programs of the free RotaCare clinic, funded counseling and advice sessions for home health care providers especially for the elderly, and created a comfort care fund for the Cancer Center. We funded a CME speaker for local gynecologists to inform them ofnon-surgical treatments for uterine fibroids. • participation in other community activities, volunteer and civic organizations is described in the supplemental sheet, attached to the application. 2. What is it about this Commission that interests you? What qualities, experience, and expertise would you bring to the Commission? • I have always enjoyed public service. I have worked many years on an appointive, or on a volunteer or an elected basis with state and local government, because I like to feel that my work is of value to the community as a whole. I always become involved in the issues that shape the community where I live, and I am grateful that I have had the opportunity to do so here. I would like to continue in that role. • I have had three years of experience on the Saratoga Planning Commission. I have participated in hearings and study sessions on design reviews, ordinance amendments and the General Plan. We also studied and presented policy recommendations on the planning perspective to City Council. C:\Documents and Settings\L.RR\My DocumentsVSaratoga Planning Commission\Planning Commission Application Forth 2007~PLANNrNG COMMISSION Supplemental Questionaire 2007.doc Linda R. Rodgers Page 2 4/4/2007 3. How would you see your role as commissioner when recommending policy and working with the Council? • Recommending policy is of critical importance. I like to work from a firm basis of knowledge of all aspects of an issue. I do personal research and listen carefully to the input of the community and staff. I find the perspective of the other commissioners is often different and is always valuable. I do not mind changing my initial approach in the face of convincing evidence and discussions. Working towards consensus is a mindful process. • When we have a consensus, I am willing to present and advocate that position to the city council. Our role is advisory, but because we put so much effort into the work, we sometimes wish to be certain that council understands all the reasons that we have recommended as we have. This can appear to be forceful, but it is well meaning. It often involves friendly but earnest discussions. We all have the best interests of Saratoga in mind. • I prefer to work in study sessions. I do not take intractable positions, and do not argue my position in the press. • I am always aware that City Council members are elected on policy platforms. Planning Commissioners are appointed by the Council and need to be mindful of the distinctions when formulating policy recommendations. 4. Retaining the current character of the City in the midst of a growing metropolitan region is a goal of great importance to Saratogans. What steps do you think the City could take to achieve this important goal? • The General Plan is the document that forms the basis of our ordinances and policy implementation. I appreciate the attention that the City, the Planning Commissioners and now the Council are putting to make certain the document reflects a fum basis for individual changes, as they are needed. • As we approach individual decisions, whether a design review, conditional use permit, or an ordinance that affects the character of a neighborhood or the City as a whole, we need to be mindful of how each decision fits into the fabric of the City. // // // C:\Documents and Settings\LRR\My Documents\Sazatoga Planning Commission\Plantiing Commission Application Form 2007\PLANNING COMMISSION Supplemental Questionaire 2007.doc Apr, 4, 2~'+J7 2:16PM CITY OF SARATOGA COM117ISSI01`' ApPI1IC.ATION FORP'I DATE: (~ ~ a ~ U ~ No. 6438 P. t c~ `° CUMMISSTUN APPLYING FoR: ~~f~ CV N / N Gib-r-~nsri~ ~ SS 1 ~~, CIS. MRS. MR. TELEPHONE: ;USi~ ~ g~ a~ }~ HOIvIE WORK ~~~ ,,, ~ fj ~ ~ 1 ~ a `7 ~ v 5l ~~.~1 ~'11[d h d ~-m EMAIL ADDRESS: a i 1 • ~~-. J ~ J ~, D ADDRESS: \~11 D 1 V 1 Ft TES ~ 12 D G~ ~_ ~ A !~-~ 17~ ~ ~ ; ~ YEAR 1'Ut1 BECAME .A. SARATOGA RESIDENT: _~_ 1 °I °I ~ ARE YOU A I2EGISTE1tE17 VOTER IN THE CITY UI~ SARATOGA? 2. `' WOULU 1'OC1 BE ABLE TO ATTEND DAYTIME MEETINGS? •~- WOULD YnU BE .A.BLE TO ATTEND FVEN'ING MEET]NGS7 ~~ BRIE>ii~X DESCRIBE YOUR INYOLYh'AZ.F.NT IN EACH OF' THESE AREAS CURRENT OCC[?PATI4N (Sae Appendix A) Over the past 22 years I have ~+~orked in the environmental industry in the planning, development, managett-ent and implementation of en~~ironntentai programs at. various project sites. T currentl}~ serve as a Yice President for URS Corporation, a large Enviropmentai and Engineering firm.l-7y focus areas and projects include site planning, assessments & retned-ation, haaardous waste investigations and characterization., site auditing, environmental permitting, contpli.ance, occupational liealth and safety and training. Please refer tri Appendix A' for a complete copy of my currieulnm vitae. EDUCATIONAL 13AC'K.GROUI~~: EDUCATIONAL BACIsGROUND (SIDE APPENDI?~ A) My educational background ivclu.des an M.S. in Environmental Management from the iroiversit3~ of San Francisco and a I3S in Y{;ngineering from. San Jose State YJniversity. Professional Registrations include an ILEA (I2eglstered h;nviroumental AsseF561'), CEA (Certified Environmental Auditor), CEP (;Certified Environmental Professional), REM )Registered. Environmental &Ianager) and CET (Certified Environmental Trainet•). AI)L)ITIONAL TNFC7RI~IATION OR CONIMENTS: I- 3. NCI. ~~ jib F~. j °~; :::~: PRINT NAME: ~ ~ ~ ~ - ~C~ SIGNATURE.: /~~~...----..___, 5 l._:/ REFEP,~NCES: (Provide Name and Phone Number) A~~r, 4. 2~i07 2:16FM No, h433 F. 4 :PLANNING COMMISSION SIUFPLEMENTAL QUESTIONNAIRE Please print or type your answers to the following questions and submit with your competed application. You ma.y submit additional sheets if necessary, to complete your answers... . l.. Describe your involvement in eonimunity activities, volunteer; and civic ozganizations. ~ Lo - L~ aa..t^ 'P I ~A (U- ,10 n - P ro f -u~ I n v o l ~~d ~.»~ -~ I n v o l v e mew ~d" R.u.ozanm~-~1 I[. a ~i ~ , 2. What is it about this Commission that interests youu? Vhhat quralx,U„es,,~.lexperience, and expertise would you bring to the Conunission? •- `~` ~'-~ Gilp~"`"' """1'"X $ 7 Jn~ ~ t V 1 Y up'Y'?I`~7.Q.~-LI-~- bl~.C.l'C.4jY"~t.LJ"1-C~. 3. How would you see your role as commissioner when reconunending policy and working with the Council'? ~ ~•'~"~~x ~ ~ u t E~~ }-h~ Ac's ,n.olQ,_ c~ ,~ v ~ 5 a~ a~;,,-,-~.c~ ~~ t~.~hi~-'~1 CJU.i~erL~ ~--Q-x-~/~-c~-h vrt 9~t~ - Reta~mng the ci t character of the City in the idst of a growing n~eh-opolitan region is a goal of great importance to Saratogans. What steps do you think the City could take to achieve t}us important goal? ~a ~,~ o b~.e ~~ ~ v-e. ; Pr~~ S. What is your defixvtion of a monster house and }tow would that impact your feelings about a pmject applicant proposing a new structure that maximizes the height and floor area allowed in the zoning district? ~ ~~ ~ ~~~ ~~ ~, ,I~~, O ~~r~ _ ~~ur~1 ~ mod. ~~i~ hd~~~~'"`~-"~ +~.}tie. ~ F l o o ~ ;e. ~ G ~ ~.~. }~h,e~-e ~~m a ~~ rsn. 6. At what point do you fee predominantly single-f"amity neighborhoods tmdergor Lt 51~~-a- gentritication, be a}lowed to build two-story homes? f -~zC~ GGt/Yl ~~ I ~ ~ ~~- `,~ n ,t~z. ~.~~,~, ~~`-~i~~'~~l~d 1"1'x- ~`" h q- ~e.N-,~e,~~~~-rte 7. How~o }'~u env n eG~be~ developed? iJ ~ (fin a v 1 k~rcrm~ ce-s-~.Y~.r- ~.. ~ _._.._--~-.. ~~~ z ~ ~ ~ H~,r. 4. 2ilil ~,1?f'M APPENDIX A N~~, 643 P. ~~ Ater, 4. 2+107 2:11PP~ No. 6433 N, 6 Susie Vedenthm Negpal Vice President and Pro)ect Manager URS CORPORATION CEI~, CFA, REA, CET, REM AREAS OF EXPERTISE ~u'nnlarY ronnterttal • irnvi Ms. Susie Vedan.tlram has over ?2 years of in-depth . Planning, Regulatory experience in th.e development, management, and Permitting and in.~plementation of Environmental and Regulatory Compliance programs at various project sites. Ms. Vedan.tham maintains extensive knowledge in the areas of site planning, assessments • Hazardous Materials & remediation, hazardous waste investigations, Investigations characterizatioli & management, site auditing, erivironlrtecltal • Site Assessments and permitting, compliance, occupational health and safety, and Remediation training. She maintains strong communication, technical, and organizational skills in the planning and implementation of • Vl'aste Characterization environmental programs. She has successfully written, anti Hazardous implemented and overseen environmental compliance and Materials Management regulatory programs, perforn~ed assessments and audits, • EHS Program conducted training, developed and trained emergency Development and response, team, overseen compliance orders and judgments, Management Health, managed community relations plans, and interfaced Safety, and Training effectively to manage the envirolunental, health clad safety needs of nuumerous clients, EDUCATION Representative ExperiettCe Tniversity of San Examples of recent projects and representative experience Francisco, M.S., include the following: Environmental Management • Sh~ong experience in strategic. EHS planning, implementation, and integration with operations including San Jose State University, BIIS management process, SOP development, policies and B.S. Engineering prograrrts and system design. Experience with operations REGISTRATION: includes persomiel management, purchasing, contractor management, and strategic planning. Registered Environmental Assessor, California, R)CA • Managed environmental assessments and site (#5017] investigation issues including review of existing data, agency coordination, soil and groundwater sampling as Certified Envirorunental needed, reporting and overall project management issues Auditor, CEA (#5379) for numerous clients including L1.C. Davis, SFSU, SJSU, Registered Environmental City of San Jose, O'Melveny Myers, Pillsbury Madison Manager, REl<l< {#7770) and Sutro, Parker 1vIilliken, Midpoint Technology, Granite Certified Envirorunental Rock, San Jose Redevelopment Agency, County of Santa . Trainer CET {#9~-39~) Clara, Akerrnann Senterfitt Norvartis Seed UST Inc., GT$, LUS, Olin Corporation, VPalker Parking, SJIA, Certified Environmental Burke Industries, Tessera,A8cB Realty, VA, Steinberg Professional C'El' Group„ Surke Industries, SFSU, SJL4, El Camino Real Certified Instructor - hospital; Fresh Express, and Laidlaw Environrnerrtal. Issues related to mergers and acquisitions, real estate ~~ r ~_-~ H[\SUSIEIRe<pmN1$u91e-pl9nning.dp~12-Mef-OE\r~AK 1 Apr 4. 2tfC? 2:1;PM No. G4~; Susie Yedanihm Nagpel Yice President and Project Manager UR5 CORPORATION CEP, CEA, REA, CET, REM California. Compliance transactions, evaluation of liabilities, phase 1 and phase 2 School, DTSCTraining assessments, waste characterization and management, Co Chair-PIBA hazardous material assessments, facility closures, new installations, and. regulatory interpretations + Completed Environmental Assessments for plam~ad modifications at the UC Davis, SFSU and SJS>`T campuses. At U.C. Davis these included the proposed new Math Science Building site, the proposed Srrrewest Comnnrnications Building and trench, a proposed Childcare Center, a proposed l~'est Entry Parking Structura and Office Building, a proposed bVatershed Sciences Project site, the Modavi Institute for Food and wine, and the Tesoro expansion project tp include new housing and an expanded conunon room. At SFSU these included a revic~v of a Research Center, the School of Arts building, and an area currently developed with. a playing field, terrors courts, and residential units. At SJStJ, these included soil and grotundwater sampling at the San Jose State University Campus for the proposed Campus Village Housing project. • Responsible for envirorunental compliance with federal, state acrd local laws including permit applications for air, water and waste related activities, maintenance of permits, hazardous rrraterial managerr,.ent activities, Environmental Impact Report support, and interpretation of the regulations. Developed and prepared regulatory documents including Hazardous Materials Management Plans (HMMPs), closure, contingency, waste analysis, SPCC, storm water, operatiorvtraining plans, waste minimization plans and inspection protocol- Updated permits including Part A, Part B modifications and all aspects of permit maintenance and compliance. Managed various aspects of waste programs for Generators. Clients include Tesoro Refrning, 3Com Corporation, Creanova, Hyundai, Liruon Pacific, Winstar Communications, Burke Industries, Winstar Comnnurications, Nvidia, Tune Up Masters, The Pebble Beach Company, and Komag. • Conduct detailed assessments and audits in various environmental disciplines including hazardous waste, hazardous materials, groundwater and soil, air related matters and other em~ironmental progr~3rns at the Linear Accelerator Center operated by Stanford t Jniversity. , H:1S~1$IE~FBSURIe\SUSi2-plannirg,doo4'.-Mef-x10AK Ate r. 4, 2!lU7 2:13PM No. 6430 F. 8 Susla Yedarlrnm Magpai Yico President and Project Manager UR5 CORPORATION CEP, CEA, REA, CET, REM • Managed and overseen zzmnerous waste characterization jobs in the Santa Clara County and Bay Area. This has included waste analysis and characterization, development of a site excavatiozz work-plan, associated compliance and safety issues, agency interaction and permitting, and TSD facility co-ordination. Some recent projects include GAP, Dorsa, Patson, Mission Block Condominiums. S.J. Amoroso, and FMC. + Lead numerous cozpora.te and site EH~iS audits and assessments in the area of hazardous waste and materials management, wastewater, stormwater, air issues, environmental documentation, regulatory compliance, general safety, indusu~al hygiene, training programs, medical services, emergency response and radiation protection. Assessments involved review of regulatory requirements and internal policies and procedures, identification of areas of non-compliance, delineation of hazard levels and development of mitigation and corrective actions. Clients include the 1.'70-acre Stanford Linear Accelerator facility in San Mateo, California, TRW's facility in Sunn}n~ale, California, TSD facilities in California, Utah, and Ar7zona, Aviron in Santa Clara, Tenet, Microchasis, Hyundai in Portland Oregon, UTS in San Jose, Pirelli Fable, Redwing, and Kue Ken. • Managed nrurzerous facility closures; demolition projects, installations and constniction activities from an EHS and operational perspective. Tlris includes management of the Pure-Etch and SK RCRA facility closure activities, Joslyn Electro.n.ic Facility closure, and closure of the VA facility in Palo Alto in accordance with the approved closure plan. Prescribed regulatory gzridelines, developed closure plans and closure workplan document that delineate closure approach, schedule and timelines, prepared decontamination verification sampling sh-ategy and protocol, identified closure performance standards, and managed subsurface investigations. Oversaw permitting and aspects of construction for Laidlaw's multi- million TSD facility re-consmzction project in Satz Jose, California.. Completed a Hazardous Materials Review for th.e demwlition of buildings at the Santa Clara Fairground. • Played a. lead role in the development and negotiation of various regulatory documents including RCRA Facility/w;l h:1$115IE1FaaUnx~Susie~planning.tloC1$-Man~616AK F~;:~ ~~. 4, 2D9 ~ 2:18PP~1 N~, ~4~3 P. ~i Susie Yedanthm Nappal Yice President and Pro)ect Manager URS CORPORAi'ION CEP, CEA, REA, CET, REM Assessment, RI/FS, ROD, violations under RCRA, Consent Judgement Settlements, Clean-up Orders, and Permit Conditions and actions tinder CERCLA for TSD facilities in the westerli U.S. and numexotts clients with special emphasis in San Jose and the Northern California. .Area. Served as ~(JSPCI's representative in various audits with TSD clients and regulatory agencies. Extensive experience with local agencies including SCV WD, City of San Joao, DISC, and the RWQCB. • Developed. arld managed environmental, regulatory, permitting, compliance and health and safety matters for a '~~aste management firm. • Responsible for EHS corporate and site training program development, management implementation and delivery. Training topics cover a variety of safety and conpliance topics including ergonomics, emergency response, loss control, hazard comrtlunication, waste nlanagernellt practices, DOT, RCRA, Hazardous Waste Identification, Land Disposal Regulations, Title 22 matters, and training mandated by OSHA. Clients include Komag, Western Digital, Seagate, Read-Rite, Laidlaw, Headway Technology, United Defense, IDT, Mattson Technology and Space Systems Loral. • Developed, implemented and managed Emergency Respi~nse Programs, teams, and training including incident response training and course delivery. Recent ass ~~,mnents ir:clude Readrite (Fremont and Milpitas), IDT and LES. ' Managed and overseen ntrznerous Occupational Health and Safety programs for many large and small organizations. Tasks included pro~~r~ant deveIopmertt including procedural and matlu.al development, lab safety reviews loss control, hazard assessments audits, overall workplace safety reviews, safety committees, ergonomics programs, confined space, hot woxk, Hazeom and LOTO programs, PPE and respirator programs, medical services arrd surveillance, industrial hygiene monitoring, workman. compensation case management, injury and accident prevention, Contractor Safety, and risk manageruertt. Recent projects include 3Com Corporation, Seagate, Komag, Carpenter Tecluzology, Integrated Devine Technology, Intel, Readrite, Pavex, Pirelli Tires, Portal Software, Portal Software, Rgattson Technology, and LES. / H:13USIE\ResV~+?lSusie-pl8nning.doCi2-Mar-0541AK -1 Ar.~r 4. 2~1Q? 2:19PM N~• 6438 P, 10 Sasle Yedanilim Mappal Ylce President and Pro)eci Manager URS CORPORgTION CEP, CFA, REA, CET, REM PUBLICATIONS Ms. Vedantham participates actively in comnntnity and industry events. She is a Certified Instntctor that has taught seminars and classes at California State University, ;Fla}nvard, Sari Jose State tniversity, UC Berkeley, Lockheed, National Semiconductor, Western Digital, Komag, Readrite, Seagate, and various other facilities. She serves as a Co- Ghair for the Waste Committee sponsored by PIBA {Pacif.c Tndushial and Business Association). She maintains strong planning and presentation skills and has extensive experience in presenting at. numerous meetings, client. locations, professional groups and associations, and rr.gulatory agencies orr EHS related matters H:~$USIElkesurtww5dsie•plannin9.dac4^.-M11w~0u'lOAK S A~~ r, 4. 2~1;i7 2;19~N~ Nu, h4~3 F. 11 AI~P~N~DYY B i~ Apr, 4. 2~i47 2,19FM ADDITIONAL INFORiVIATION - APPENDIX B N~.64~3 ~'. 11 T have. always believed that Planning is an extremely important element in any community. In Saratoga this is of particular importance as I believe we have a City rvith deep historical roots committed to a way of life that has attracted most of us to call this wonderful City out' home. Our challenges will be to accommodate our needs in a manner that preserves our heritage and character, reduces land consurrrption, maintains lower densities, reduces traffic congestion and protects open spaces. All this while providing Kreater housing and community opportunities for an ever changing population. This is no small task indeed! As Planning Conunissioners 1 believe that our biggest role is to listen, be objective, create a balance, and offer constructive feedback. I view our objective to serve as representatives of the Council and the Community in implementing overall directives, providing applicants with guidelines and ensuring that projects ultimately meet the "big picture" goals and objectives. Ultimately I believe that a Commissioner should be true to themselves and be able to go to bed each night believing that they made the best decision they could. I believe this position requires skills at many different levels ... but most of all I believe it requires the ability to create a balance between parties. It requires that one work with all stakeholders inclu.diug planning staff, applicants, neighbors, and technical advisors, to full}' understand. the impacts and mitigation involved in order to make an informed and accurate decision. I believe that my background and experience, as well as imy strong desire to serve the community make me a motivated candidate for this position. A little about. myself ..... 117y most important role, and the way I define my success is by my family stud two children. Ishan (17) and Shriya (13) are in Saratoga's public Schools (Saratoga High and Argonaut Redwood). I travel the roads of Saratoga driving them to their various activities frequently (!} and am involved at various levels at their schools. I was married in 19$7, (in Saratoga, on Allendale Avenue) and since then have never really left. the area: After a brief stay in Monte Sereuo for a few years we returned to our current residence iu Saratoga in 1991. I am supported by a terrific set of in-laws, parents, and sibliags (all in Saratoga) that make it all possible. I work as an Environmental Consultant, a career that has been technically and philosophically retivarding. Although I maintain a few acronyms after my name and can write a few pages about all the projects that I have been involved with, I think that the most important thing that work had taught me is to listen, appreciate and understand differing perspectives, be objective, develop consensus and think << A~ r. 4. 2i11~1 2.20~ha1 fro. f;4~'u 'r. I "outside .the box". I am solutions oriented and believe that there. is alH~ays and answer! I believe this attitude is important when serving on the Conunission. 1`;<,y experiences as aU applicant who has built a borne in Saratoga and as a Planning Commissioner have continued to provide me perspective. I have learned to better understand the role of individual stakeholders and hope to continue this .role with empathy and focus. I have appreciated my ye.ar•s on the Commission and have a strcing desire to give to the community. I believe drat this role would allow me to use my technical, organizationah, and commugication skills iu a positive way. I look forward to further discussions of the matter with you. 1 ~- MAR' 2 ~ 2007 CITY OF SARATOGA CITY Of= SH~4,ATOG,~ J COMMISSION APPLICATION FORM DATE: ~/ ~ ~ l0 COMMISSION APPLYING FOR: ~L~,-~+~~ (y' Ion. 1~- f ~ ZSuI.~T K - ~i~, i ~ ~ MR. It f7 S ~~ ~ ~ -- I j 42 C IV((~ ; Iz1 TELEPHONE: EMAIL ADDRESS: X01 ~ 1. c~v Cc~a'vI ADDRESS: I ~l o~ -~vs r -N W ~~( SA-~-~kzc~ A E C~k ~~a YEAR YOU BECAME A SARATOGA RESIDENT: ~ ~%~ ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? ~~ES WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? €S WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? _^} ES BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: - v-c€- 3'2~s~~~r- ld~P ~vuA-u~~i ~ N~aM~z2ics ~~n~eLgvG 7(' Q~j[G~A'LE~ ~--tV'C.t'~.~i~ 6T' ~1V 5'Tf~'i IV C` Wn's ~'~TY 'I~C`Ci2~ -~~~~2 'D t ~~= crud ~~~TY ~' r2~~ii-t~~ ~PB~~~ IV~F~7~i-Ht.~ ~ .a-r.,s~~'ca ~ur~ ot.~2s/1w Q~r~ ~feo~,+~c ~.r4'~~i ~a~o~] EDUCATIONAL BACKGROUND: iMSG SYSi~S ~Gi Iqg~; uM~-~si~^P oE^- ~~CziDf~ 5SL ~c~~-'t- ~v4 ~ i5~q Nt/~ crv~ u~~ ~~s~ ~ y ^ t'~SE ~iR~ U~o~I` y ~ ~f~1G, ~ ~q~5 SifcN'f~%~~ ~ItvlU¢,.Si~7' 4 ADDIITIONAL INFORMATION O1R COMMENTS: .~- V~C1C~ ~Y S~ ~.~ 1Y~LbZ C /~-~-. c%1 ~, ~ .n'~ l CiM~V'V~S S(_QiyJ~~. ~~`'~J/a ti~ ~"~e- "'(~=- ~ii~t~ C~l.~ ~l..ufL~'rf~.. ~.tiiL i/~il'~`e_ ~. \V s`C ~. ,~,,~,~-.:_. ~ ~-.. , _ ~ ~,~, Ira-~,~.,;~-, ~T~ ~-ice,,- ~~ ~ C~u_.ti.~ aA ~ - it l,f.~,i.'y~ C~-/' ~;X'~ G,.-a .~ ~. i ~ -- REFERENCES: (Provide Name and Phone Number) o,~ ~~titi I . k ~r I-~cs~ ~ Y~~vv c,_; C'~~+vt...~ rti ~ ~sz 1 ~ o ~, ._ ~G ~ -- i z~ 2. ~i ii f) ~i~ ` " ~11~Li t% 7 !~ N4 ~~+~ ~c3 i ~ Gw r 1 lt~~ - ~ (2-~SS 3. !~~-~-X r~r ~F~~ i , Lam c, ~ ~n~ sz:=tt ~~-~r., 7 % ~DF _ -78 i •- ~' "12`1 PRINT NAME: ~Z11dPr ~ ~ ~ ~ i O ~ i C~-1 SIGNATURE: ~~d~ 5 (+' a~ +': =,' .: ~._ i ~y~ ~ ~ _r~" PLANNING COMMISSION SUPPLEMENTAL QUESTIONNAIIZE Please print or type your answers to the following questions and submit with your competed application. You may submit additional sheets if necessary, to complete your answers. 1. Describe your involvement in community activities, volunteer, and civic organizations. • Currently serving on the Board of Directors of Notre Dame High School, San Jose - a Jesuit all girls high school in down town San Jose, this also happens to be the oldest Catholic girls' educational institution in California. • I am on the Board of Trustees of Global Aids Interfaith Alliance [GALA], an International charity reaching out in West Africa to mitigate the source and stigma associated with this dreadful virus -supported with funding from Bill and Melisa Gates and Nelson Rockefeller Foundation I am on the Systems Engineering cumculum development board at the Cornell University, Ithaca, NY. 2. What is it about this Commission that interests you? What qualities, experience, and expertise would you bring to the Commission? • I have had first hand experience with the Planning Commission and the Heritage Preservation Council, when we were re-building our house [in 2004], the working of the commission in general during the meeting and in particular their appreciation and attention to the preservation of the fine points of heritage preservation gave me a high degree of appreciation for this body. • I have been a Senior director of quality for over 12 years at the world's largest semiconductor capital equipment company and currently a VP in a nanotechnology company, making difficult decisions, by taking into guidance a number of opinions, staff briefings, and personal analysis of data and lab [site!] visits has become a norm for me now, hence executing a role at the council with similar challenges would not be a strange or uncomfortable albeit a new role forme. • My personal experience in designing our house, working very closely with a leading Saratoga architect, making sure that we keep build our dream house, yet be able to preserve the ambiance and the historic character of the neighborhood [we live on a heritage lane] gives me a first hand knowledge of the inner workings of a home re- modeler/builders world. • I am an engineer by trade, with a MS in Systems engineering, and also maintained a PE license, hence I feel qualified to understand technical and structural [including erosion science]issues. 3. How would you see your role as commissioner when recommending policy and working with the Council? I see myself as a supporter of the very fine balance of growth and preservation of ambiance and serenity. I would like to also be a voice for a segment of the Saratoga population who do not have a voice at the meetings, they are the wild life. They need to be also included in the equation when people talk of balance. 4. Retaining the current character of the City in the midst of a growing metropolitan region is a goal of great importance to Saratogans. What steps do you think the City could take to achieve this important goal? On a tactical level: • By ensuring that the guidance and the guidelines provided by the planning and building departments are strictly adhered to. • Encouraging the staff of the above mentioned staff, which happens to be very good, to be very forthcoming with their observations. • Review/revisit the guidelines, I have a fair knowledge of them and help further that program, etc. On a Strategic level: Promoting this very concept through:- • Launching an "education" program for applicants, builders, architects, etc • Differentiating planning council role in Saratoga from other cities, as a custodian of the unique character by in acting new/additional guidelines. • In depth realization that growth is an essential element of development, but it need not be at the cost of the ambiance and character of Saratoga. We need growth and the associated revenues to fund the critical infrastructure of the city, and it will happen as a function of population dynamics and yei for most our home, and our biggest investment is here and we have to be the city's custodian. 5. What is your definition of a monster house and how would that impact your feelings about a project applicant proposing a new structure that maximizes the height and floor area allowed in the zoning district? • My definition is not only based on the structure mass, but also a small house can be a "monster" if it's plans or even it's external paint scheme makes it stick out as being out of character with the neighborhood. • Regarding, maximizing the allowable height and floor area, my bias is towards the evaluation of the design vis-a-vis the ambiance and "character" of the neighborhood, the city, and most importantly the ability of the impervious area to maintain itself and remain healthy. • Personally, high mass density homes are out of character in this city, I have been livening in the Los Gatos -Saratoga area since 1990 and have a strong bias for keeping a check on this guideline being violated • We did build a 5000 sq ft home, but voluntarily left over 40% of the land as impervious. I speak by example and personal demonstration. 6. At what point do you feel predominantly single-family neighborhoods undergoing gentrification, be allowed to build two-story homes? Gentrification, which is purely a function of time will occur, but it can happen without resorting to high mass density two story homes that are built at a) the cost of cutting or endangering mature trees and natural land contours and b) impacting the privacy of others, if this criteria coupled with ability to "merge" into the ambiance and be within city guidelines then I feel they should be allowed, but rater reluctantly! 7. How do you envision the Village being developed? Sensibly! I would like it to grow and be a handy and useful resource, but at the same time being very sensitive to the historic nature and the "character" of some of the structures. The recent shops built at the corner where the arch is [Starbucks!] is a poor example, while the Fire department across the street is a good example! Azmat H. Siddiqi 19101 Austin Way Saratoga, Ca 408-656-1542 ,~, i RE~~±~~~ APR ~ 2007 CITY OF SARATOGA CITY OF SA COMMISSION APPLICATION FORM ~ArOGA DATE: ~ ~ ~-- ~ ~-~ 7 COMMISSION APPLYING FOR: ~~u nn ~ h ~, ~ ~-~+r, ; ss ~ o :~ MS. 1 MRS. Ctl ~ ~1 i aw. ~+ . ~.u.~ Le J , t, TELEPHONE: 4U$- ~ ~-] -~ ~ 3 ~ ~ I 0 - ~o~ - (~-7 7 HOME WORK ADDRESS: 1341 ~ YEAR YOU BECAME A SARATOGA RESIDENT: 15 78 Mee,~S WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? ~_ ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? ~e S WOULD YOU BE ABLE TO ATTF,ND DAYTIME MEETINGS? e s w ~ ~ h~ ~ ~ ~ f~ - ~~ h BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: °,v.. ~~~ EDUCATIONAL BACKGROUND: w ~, \'` .~ ~`5< 1 ~..,L~ tiY,k...~. ~ ~,V1J./il~•u:~- ~~V ~,: ~.5 ~-..:.L.3 ~~cc+.n u ' ~~~~ ~~ c ~VJS~~y HOC .~; 4 ADDITIONArL INFORMATION OR COMMENTS: r ' ~1 7 Pte, ( ~-~,,,~,"1" p ~ ~~J V ~~ ~ ~ 6Y. ~-~s~- lam) \ 1~` ~~.,~~7 w \ 1~~f-- 'F-ti ~l V L'., iM ti Cr~vn M ~v~ , '~i , t~. ~...c~ c LSZ~I ti REFERENCES : (Provide Name and Phone N umber) .~ ` 1. a~ ,~ ~. ~ f U `~b~.~~n 3. ~~~ v\~~ Stu C~.f ~„ yv tax PRINT NAME: ~~~t.~~.--, ~+. LaDceJ; t- SIGNATURE: _, CX TV ~.YS V,,TS , ~~- ~`~33 333 i ~ ~ ~~ 3x 5 WILLIAM A. LAPCEVIC 12451 Curry Ct. Saratoga, California 95070 (916)206-1277,(408)257-8733 wiapcevi(cr~,v~liou.com EDUCATION Boston University School of Law, Boston, Massachussetts Admitted California Baz December 2, 2005 LL.M. Banking and Financial Services Law May 2004 Concentrations in Securities Regulation and International Banking Regulation Invited to Solicit for the Boston University School of Law Annual Banking Review Attended SEC Conference on GLBA Amendments to Bank Broker-Dealef Rule, June 2004 Related Course Work: Securities Regulation, International Securities Regulation, Mergers and Acquisitions, Corporate Governance of Financial Institutions, and Securities Activities of Banks. Related Course Work GPA: 3.5 _University of the Pacific, McGeorge School of Law Sacramento, California J.D., May 2003 Invited to Solicit for California Initiative Review and Transnational Law Journal Related Coursework in Corporate Law: Corporations, Corporate Finance, Banking Law, Federal Securities Regulation, International Banking Law, Foreign Investment and Trade, and International Trade. Related Course Work GPA: 3.6 Deans Honor Roll 2002-03 Menlo College Atherton, California B.A. Business Management, 2000 4.0 in quantitative, accounting, and finance related courses Magna Cum Laude,President's Scholazship, 4 time Deans List recipient Lifetime member Delta Mu Delta (National Business Honor Society) WORK EXPERIENCE Trianz, Santa Clara, CA Compliance Consultant (Apri12005-Present) • Operational Effectiveness Implementation Phase: Compiled all data collected during the previous phases and published a training manual including detailed engagement models and process flows for the accounting processes of a major high tech company. Assisted in building an ambassador network and training materials for management to facilitate change management throughout the transition. Planned and facilitated the worldwide training sessions for the various theaters. Conducted breakout sessions and follow up working sessions for any open items remaining from the implementation. • Operational Effectiveness Phase 2 Process Track: Managed and oversaw the mapping of the Quote to Cash Non- Standazd Deal Flow. Worked as track lead managing 2 Business Analysts, setting up SME interviews, compiling data and setting up working sessions for validation of the results. Used the data gathered to draft detailed engagement models and high-level process flows. Managed schedule and budget for process mapping phase, conducting bi-weekly steering committee meetings to provide status updates on estimated milestone accomplishments as well as any risks that may have arisen. • WIP-SOW S-Ox Control: Oversaw a team of 2 Business Analysts and 3 Accountants performing an audit control to ensure compliance with section 404 of S-Ox. Worked with Service Account Managers to gather various information regarding the status of certain Statements of Work. Upon identifying that the SOW had been drafted, we ensured that the product controller had deferred revenue for the possible sale of future services. • Operational Effectiveness Phase 1: Worked as part of a team of consultants responsible for the reorganization of the Finance Department for a technology company with over $30B in annual revenue. Created interview agendas and conducted interviews with Senior Management to obtain the information necessary to develop the future organization. Developed inventory logs to compile the data gathered from interviews. Worked closely with team of consultants to facilitate working sessions with Senior Leadership to craft and create the future organization. Responsible for the defining the new roles and responsibilities within the new organizationAssisted in development of implementation of the future process. .~ CITY OF SARATOGA ``" COMMISSION APPLICATION FORM c'' a DATE: 4/2/07 COMMISSION APPLYING FOR: Traffic Safety Commission NAME: Mr. Mitch Kane TELEPHONE: (408) 257-5418 EMAIL ADDRESS: mitch.kane@mindspring.com ADDRESS; 12418 Palmtag Drive YEAR YOU BECAME A SARATOGA RESIDENT: 1987 WOULD YOU BE ABLE TO ATTEEND DAYTIME MEETINGS? Yes WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? Yes BREIFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: Stay at home Dad and community volunteer. Prior to this I worked in product development and marketing of technology products. EDUCATIONAL BACKGROUND: Graduated from the University of California, Davis. ADDITIONAL INFROMATION OR COMMENTS: REFERENCES: (Provide Name and Phone Number) 1. Lilly Shoemaker (408) 252-1811 2. Gervais Fong (408) 725-1524 3. Bridgette Ballingal PRINT NAME: SIGNATURE: ..~ TRAFFIC SAFETY COMMISSION SUPPLEMENTAL QUESTIONAIRE 1. Describe your involvement in community activities, volunteer and civic organizations. • PSC/TSC: 6 years as commission member. Served as commission chairman. Awarded Volunteer of the Year for my work on Emergency Preparedness. • Saint Andrew's School Parent Association Board: Active member for 13 years, held leadership positions as Board Officer for last 5 years. • Southwest YMCA: Member since 1992. Served two years on the Board of Managers. Chaired the Membership and Program Committee. 2. What is it about this Commission that interests you? What qualities, experience, and expertise would you bring to the Commission? • I bring 6 years of experience on the Public Safety /Traffic Safety commission where I have served as Chairman of the commission, chaired meetings with the public to develop an agreeable plan to enhance traffic safety at Blue Hills school, and evaluated the emergency preparedness infrastructure within the City and presented findings and recommendations to Council. It is this type of work that allows me to make a difference in the community that interests me. 3. How would you see your role as commissioner when recommending policy and working with the Council? • It is the commission's role to make recommendations to the Council. The Council can then choose what the outcome of the recommendation should be. As a commissioner I would work within the commission to gain support for recommendations and seek approval to send them on to Council. 4. What do you think the Traffic Safety Commission does? • The TSC addresses community members concerns regarding vehicular and pedestrian safety within Saratoga. They offer a forum in which community members can voice their concerns, have their concerns heard and addressed by the City, and work with their neighbors to improve traffic safety within Saratoga. 5. What do you think to be the major traffic safety issues facing the City? • The primary traffic safety issue is that driver's are not as vigilant at obeying traffic laws. Awareness campaigns and enforcement are essential to the solution. CITY OF SARATOGA COMMISSION APPLICATION FORM APR ~ 2007 CITY OF SHf~tTOGA DATE: ~~ o70T COMMISSION APPLYING FOR; L MR. TELEPHONE: `1-4~ ~ ~(0 7 HOME EMAIL ADDRESS: ADDRESS: ~~/~U v~"E,C~~~~~ ~f./~Q.G~ YEAR YOU BECAME A SARATOGA RESIDENT: /~!6 ~j ARE YOU A REGISTERED VOTER IN THE CITY OF SARATC WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: EDUCATIONAL BACKGROUND: WORK S~ 4 ADDITIONAL INFORMATION OR COMMENTS: REFERENCES: (Provide Name and Phone Number) I. 2. 3. ~~s-~ ~~ - ~a~ ,~ ~ PRINT NAME: ~~°C~1 ~i ('77 -i LG~J~¢/' SIGNAT ~ - TRAFFIC SAFETY COMMISSION SUPPLEMENTAL QUESTIONNAIRE Please print or type your answers to the following questions and submit with your competed application. You may submit additional sheets if necessary, to complete your answers. 1. Describe your involvement in community activities, volunteer and civic organizations. / l l~~Lcw n ~~- ~ ~a-~-~eo /,~* yh Sch~2 /~ea.1x~- ~eGC~Le~y f o~HST/~ cTd'~ ~ c e : ~ rv[s! l~D ~"Q~iD~ ate.. e1'~t uz cam- vri /1~e ~' c rx.a ~tern~ ' ~om~Ct~u-eafrdxa~ ~~vr r~ , SF 2. What is it about this Commission that interests you? What qualities, experience, and expertise would you bring to the Commission? ,,[, l.% ~~c.e_ 'u-eery cc. rn ~~L~,_ ~ J~-~-- -~ L ~' 7 3. How would you see your role as commissioner when recommending policy and work/i/ng with the Council? // ~.l~t-c_ ~ ~ ~ '~/ (~vJLrILL,L[_t~X~ Cfl~~c:~~~.~Ch- ~ ~~ ~ 4. What do ou hmk the Traffic Sa ety omm~~ n d~ ? ~~ ~~ ~ ~ ~~ p.s1'1,(_ ~..ccl,(~ ~ ~~"~ ~prr~hr.[,+c.~eU-x- ~-B~/Z~ ~.~t~~ ~ e2Gt~~ , p~ TAG Gl~d.v ~uv ~ ~ 5. Whit do you tfiink to be the major traffic safety issues facing the City? t ~. ~l n ~~ ~6~ ` ~ ~--ems ~e ~- li-y u2~•c~cL~ ~~~thu ~ ti. ~ ~~e~u ~ ~.~.GR.I,~ ,~.~.x-mod ~w d=o~~-x. ~fnu x..~ ~~~ ~ -~ ~r ~~~~~ APR 4 2007 CITY OF SgKATOGA CITY OF SARATOGA COMMISSIONyAPPLICATION FORM DATE: ~ ~ ~° ~ ~ ~~ c~(~ C} T' COMMISSION APPLYING FOR: {' j''Q -~ ~-( C~ , ,,~jq~Q ~M~ MRS. ~B. TELEPHONE: p ~ 7 - `~j ~ -~~ HOME WORK EMAIL ADDRESS: ADDRESS: YEAR YOU BECAME A SARATOGA RESIDENT: J Q 7~ ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? --~J WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? ~ S WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? _~~ BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: ~ . EDUCATIONAL BACKGROUND: /'//.,~: ..,,, ., i" 1. G_/ _. ~) ./1 ~- .. ~: ~' 4 ADDITIONAL INFORMATION OR COMMENTS: REFERENCES: (Provide Name and Phone Number) ~~~~~ ~~-~~ ~~"7 - ~~~~ PRINT NAME: J~Gt"~ [:F ~~; (~' ~`'~ SIGNATURE: Cl \ ~* ~';~~= TRAFFIC SAFETY COMMISSION SUPPLEMENTAL QUESTIONNAIRE Please print or type your answers to the following questions and submit with your competed application. You may submit additional sheets if necessary, to complete your answers. 1. Describe your involvement in community activities, volunteer and civic organizations. S i n G~i / r-f~ S ~- r ~Q 11 ~', b ~ 1 d ~ ~. '-~v cz. e!u-6 •-~'ha~t Y~ is es mon~`y ~ r r~e.~r~ i~ 'Tr4 V iSJ Sri ri e~ •s ~ ~ ~~ r~~ /°~; ~ ! V\/ ~ I s~~ r~ a :~ c~. -i-~, c •a r "F + -~ i G I v 2. What islt'about this Commission that interests you? What qualities, experience, and expertise would you bring to the Commission? Sve_ /, v ~~.., h ~ rF_ ~7~~~•c~<: rs , /1Po vv -t-h~ ~ .~ ~ Yr7 r~fi i'~-~~ T Wei u_1 ~_ I i ke. , %~; ~i c~ <_c? r~rr ~', mrx rte. )•t~VOI i/~oC- i;~i m~ ~~,ry„~;e_=-~i !y • _`L WorK v~'f // ofi".~-~ }rte) l i/i G'lC lc'-~ $ G'r l a( % ~) ~~~'T'~^t ~~5 3. How would you see your role as commis`Sioner when recommending policy and working with the Council? 'T ~Lh -Q e 1 ~ • ~zncL 1 ear^n -fih~ e.xar~- +~/~ k.,~~ sue; T Wc, c-~PaC ~~Sfen Com m i ~ `~ O f 7~1 is S'Si~31~ . /~~-r ~~c~KiJ>7~ j~~, S i f uct ~,~ir~5' !-h~_~ nom.>.~'_ -/c, ~,~~~.(~/r~s-se~{;w'~. i.1~o~c.-/csC ('<-c~c~rn/rifltc~, So/c~-f-,rr~s. 4. What do you think the Traffic Safety Commission does? `` .~-f in /e-S~~v•~e5r ~~V'i~WS ca,ric.~, c~no/yL~ S Sc-t ~_.S ~-i rzcC rV'i ci ~' ~S /'e, c ® r!h vn e. n c~, cu~~© t^, 5 ~-~1e'. ~ i ~~j ~G e~ r, C.-i 1 d !1 '~+'Y'~C-s S~.=c•~~''~o • '~ 5. What do you think to be the major traffic safety issues facing the City? .Z f-h ~ n ~ P e~ e. S •~-r i'a. n S a •~--t~ , I"i'1 e-~-f~~~ ,~i ~ a •s i 6; A; ~ y ~ r>BL, n e i~ /h bo/r/±hvr~C. ~~ ¢.e~Q o'~-tJ C.t./"~ ~ v Yrl Nom- b ~ ~~ -7'i''~i 1'~ci / S S C.t ~.S 'i ~i k~ ~~ m ~. h ~~ ~l ~ vv ~ -t h ~ h~ -f-f a -~--Frc, n n SARATOGA CITY COUNCIL MEETING DATE: April 18, 2007 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~G~~ PREPARED BY: DEPT HEAD: SUBJECT: Commendation Honoring the League of Women Voters Southwest Santa Clara Valley RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation honors the League of Women Voters Southwest Santa Clara County for organizing and sponsoring the West Valley Cities "State of the City" event which was held on Apri15, 2007. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of the proclamation SARATOGA CITY COUNCIL MEETING DATE: April 18, 2007 AGENDA ITEM: za ORIGINATING DEPT: City Manager CITY MANAGER: ~~ PREPARED BY: Ann Sullivan DEPT HEAD: SUBJECT: Presentation - Sophia's Dream RECOMMENDED ACTION(S): Informational Only REPORT SUMMARY: FISCAL IMPACTS: CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): ALTERNATIVE ACTION(S): FOLLOW UP ACTION(S): ADVERTISING, NOTICING AND PUBLIC CONTACT: ATTACHMENTS: MEETING DATE: 04/18/07 ORIGINATING DEPT: Admin Svcs. PREPARED BY: Karen Casell', Account Clerk SUBJECT: SARATOGA CITY COUNCIL AGENDA ITEM: ~~ CITY MANAGER: X~ ~(~---- FIN. & A.S. DIRECTOR I_h`r.~An% Ma~ Furey Check Register for 04/03/2007 RECOMMENDED ACTION: That the City Council accepts the Check Register for 04/03/2007. REPORT SUMMARY: "1Tftached is the Check Register for 04/03/2007. The checks were released on 04/04/2007. Payroll checks were released on 03/29/2007. The prior Check Register for 03/20/07 ended with check number 104570. Starting Ending Total Type of Checks Date Check # Check # Checks Amount Accounts Payable 03/06/07 104571 104697 127 $299,416.56 Payroll 03/29/07 32231 32250 20 $131,427.17 TOTAL $430,843.73 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 104571 Furlo & Furlo C.I.P. Public Works Storm Drain Upgrade $112,788.00 104614 Furlo & Furlo C.I.P. Public Works Storm Drain Upgrade $31,743.89 104644 MG Constructors & Engineers C.I.P. Library Building Upgrade $16,645.11 104655 Pacific Gas & Electric Various Various Electric & Gas Bills $11,614.53 The following is a list of checks that were voided/manually issued:. eck # Issued to Amount 104571 Furlo & Furlo $112,788.00 The following is a list of cash reduction by Fund: Fund # Fund Description A/P Total PR Total Total 001 General 49,908.85 44,070.36 93,979.21 150 Streets & Roads 3,077.58 14,294.18 17,371.76 204 Quito Lighting 1,216.99 1,216.99 205 Azule Lighting 265.92 265.92 206 Sarahills Lighting 290.00 290.00 207 Village Lighting 2,401.98 2,401.98 209 McCartysville Landscape 15.96 15.96 210 Tricia Woods Landscape 1.80 1.80 215 Bonnet Way Landscape 329.00 329.00 216 Beauchamps Landscape 48.50 48.50 222 Prides Crossing Landscape 40.17 40.17 224 Village Commercial Landscape 5]9.36 519.36 227 Cunningham/Glasgow Landscape 6.18 6.18 229 Tollgate LLD 180.35 180.35 231 Horseshoe Landscape/Lighting 8.51 8.51 250 Development Services 16,915.12 47,615.91 64,531.03 260 Environmental Program SRF 7,104.83 4,861.06 11,965.89 270 CDBG -Federal Grants 2,381.00 2,381.00 290 Recreation 13,791.42 15,771.74 29,563.16 291 Teen Services 430.00 3,942.72 4,372.72 502 Information Technology 6,764.94 6,764 604 Planning Deposit Pre 2006 10,002.38 10,002. 605 Planning Deposit FY 2006 3,456.29 3,456.29 716 I-Iighway 9/Oak Pedesirai^ 871.20 871.20 727 El Quito Area Curb Replacement 248.64 728 Book Go Round Drainage 20,129.75 20,129.75 731 Storm Drain Upgrades 144,531.89 144,531.89 734 Civic Center Landscape 3,110.04 3,110.04 738 Cox Ave Railroad Crossing 1,353.13 1,353.13 741 Blaney Plaza Improvements 225.00 225.00 746 Saratoga-Sunnyvale Gateway 752.80 752.80 755 Warner Hutton House Improvement 7,622.81 7,622.81 793 Parks/Trails Repair 2,285.36 2,285.36 TOTAL 299,416.55 131,427.17 430,843.72 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ~TACHMENTS: Check Register in the Expenditure Approval List format. y y y y y y y y y o 0 o N o m m o m o ~o o N N N O O o b o N Y o < I n ro ro T O~ O~ O~ O1 41 N O1 Ol O J O Y O UI If1 O N O ~O O Y Y Y O A O A O Y O O H m I M 'p 'fJ Y N N Y V Y N N F+ O n O N O W W O LO O b O N N N O ro O b O ~p N O 'I~ Z. 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Vl VI Vl m fA N N M 0 A \ 0 w \ N O O J m Y K ro O1 UI N ~ m z O~ Y Y N N A W m Y W Y A Y I O O N O O N N m Y N N A A J Y N C H W W W UI ll~ O J ~O N Y O~ ~p d I Z H H C V~ A O1 O O Y N Ol O O~ A S A ',O I VI A A O O O 0 0 0 0 0 0 0 m x N Y yG l0 Y 4 ro ~o N d b i Q A J H M Y Ca V] m m U] C in o m N O O Y r SARATOGA CITY COUNCIL MEETING DATE: April 18, 2007 ORIGINATING DEPT: Admin~i tr~ative Svcs CITY MANAGER: ~~G%~~~-" PREPARED BY: ~~/ ~ DEPT HEAD: 1/i~~~,x-,a i `li ~ G g, Mary Furey,lFinance & Accounting Supervisor Administrative Services Director SUBJECT: Treasurer's Report for the Month Ended February 2007 RECOMMENDED ACTION That the City Council accepts the monthly Treasurer's Report. REPORT SUMMARY AGENDA ITEM: 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 151 Quarter of 1977 to present. FISCAL IMPACTS None CONSEQUENCES OF NOT FOLLOWING RECOMMENDEll 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 (LAIF) Quarterly Apportionment Rates CC cdiac_investments@treasurer.ca.gov (Tune & December reports only, within 60 calendar days) CJ • u ATTACHMENT A CASH AND INVESTMENTS BALANCE BY FUND As of February 28, 2007, the City had $83,739 in cash deposit at Comerica bank, $14,880,746 on deposit with LAIF, and $922 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 ($13,725), 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 February 28, 2007 is $14,965,407 and excee Unrestricted Cash Comerica Bank 83,739 Deposit with LAIF 14,880,746 14,964,485 Restricted Cash Fiscal Agents 922 922 Total 14,965,407 ds the hmrt regwred. ~he following table summarizes the City's total cash and investment balances by tuna. Fund Types Fund Description Cash 8. Investment Balance at February 2007 General General Fund $ "1,649,879 Designated Reserves: Petty Cash $ "1,300 Tree, Bench, & 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 Raven ua Supplemental Law Enforcement Services Fund $ '100,000 Highway Users Gas Tax $ 668,648 Landscape and Lighting $ 289,09 Development Services $ '1,665,3'10 Designated Reserves: Tree Preservation Ordinance 226 $ "147,465 General Plan Update $ (38) Document Storage $ 28,4'1 S Enviromental Programs $ '1,00,254 Development Fees $ 114,741 Community Development Block Grant $ ('17.887) SHARP loan $ 73,505 Recreation Services $ (97,6'1 S) Teen Services $ (26,734) CDD Deposits -Planning Deposit Pre FY20o6 $ '147,249 CDD Deposits -Planning Deposit FY2006 $ 256,057 Capital Project Park Development $ X54,004 Library Expansion $ 299,685 Public Safety $ 4'74.093 Infrastructure $ 2,059,069 Facility $ 564,890 Park and Trails $ 364,023 Debt Service Library Bond $ 33'1,844 Internal Sarvica Equipment Replacement $ (24,777) Information Technology $ 395,184 Facility Improvement $ 66,665 TrusUAgancy Leonard Road $ Public Financing Authority $ KCAR _ f:nmmunity AncPCC T\/ .T. (6,636)1 922 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City's major fund types at February 28, 2007. This table excludes Trust and Agency funds where the City acts merely as a • third party custodian of an outs~ae Fund General Fund Designated Reserves: Petty Cash Tree, Bench, & Plaque Dedication Program Library Exterior Wall Maintenance Theater Ticket Surcharge Retiree Medical CIP Economic Uncertainty Operations Special Revenue Supplemental Law Enforcement Services Fund Highway Users Gas Tax Landscape/Lighting Fd Development Services Designated Reserves: Tree Preservation Ordinance 226 General Plan Update Document Storage Environmental Programs CDBG SHARP Loan Recreation Services Teen Services Capital Project Park Development Library Expansion Public Safety Infrastructure Facility Park and Trails Debt Service Library Bond Internal Service Fund Equipment Replacement Technology Replacement s tunas. 06130106 Incrl(Decr) Fund Balance Jul-Jan Revenues 2,825,799 (927,150) 452,655 1,300 - - 28 1,650 - 15,000 - - 17,286 (1,507) - - 62,500 - 614,997 (540,610) - 1,500,000 - - 2,554,150 - - Fund :nditures Transfers Balance (700,123) 1,651,181 - 1,300 - 1,678 - 15,000 - 15,779 - 62,500 - 74,387 - 1,500,000 - 2,554,150 - 100,000 - - 100,000 604,509 (22,565) 822 (38,597) 544,169 250,321 38,277 405 (6,244) 282,759 1,339,563 39,715 167,481 (164,650) 1,382,109 186,644 (17,886) - (21,293) 147,465 7,065 8,290 1,585 (16,978) (~ - 27,841 574 - 28,4 909,760 86,266 24,654 (19,426) 1,001,254 (11,137) (42,593) 35,950 (107) (17,887, 75,287 (2,893) 1,111 - 73,505 (31,783) (59,492) 27,752 (49,739) (113,262 (38,728) 16,984 1,281 (6,271) (26,734 91,246 62,758 - - 154,004 704,004 (30,712) - - 673,292 554,077 (67,268) - (29,968) 456,841 1,942,934 (90,558) - (14,829) 1,837,547 96,280 478,606 - (9,996) 564,890 196,887 173,737 - (10,751) 359,873 865,379 (534,555) 1,953 247,148 (271,925) 403,520 23,605 (933) (31,941) 331,844 (24,777) 395,184 66,665 - 14,093,093 • 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. Investment Balance at CIP Funds/Projects February 2007 yafficsafety J 47,367 ,1-iighway 9 Safety project 79,422 Hakone ADA Improvement (63,424) Sidewal -Yearly Project 181,791 loh treet Safety Improvement 8,428 Bridges @ 4th Street 100,000 Highway 9 and Oak Place Pedestrian Sign (6,683) Quito Road Bridge Replacement---~ 127,192 -- -~ Total Public Safety $ 474,093 Infrastructure ~~..f~J ~~J Two Solar Power Rada F~edbaek~ 15,000 EI Quito Area Curb Rep cemen 459,403 Book Go Round Drainage 44,423 Sobey Road Culvert Repair 150,000 Storm Drain Upgrades 211,314 Median Repairs(Landscape/Irrig.) 11,820 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 (34,568) Village Sidewalk, Curb & Gutter 733,664 Saratoga-Sunnyvale/Gateway 172,610 Storm Drain @ EI Camino/Mt Vista 100,000 Total Infrastructure $ 2,059,069 ., .~ Warner Hutton House Improv 45,948 Fire Alarm at McWilliams & Book Go Round 25,000 North Campus - 19848 Prospect Road 487,399 Historical Park Fire Alarm System 6,543 Total Facility $ 564,890 Parks & Trails Hakone Garden D/W 168,433 Union Pacific Railroad (Deanza) Trail (122,390) Kevin Moran Park 41,1'74 Alternative Soccer Field 249,324 Park/Trail Repairs 27,482 Total Parks & Trails $ 364,023 Total CIP Funds $ 3,462,075 ~ 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. 06/30106 Fund Incr/(Decry 02/28107 Fund CIP Funds/Pro'ects Balance Jul-Jan Revenues Ex enditures Transfers Balance Public Safety Traffic Safety 67,568 (15,285) - (4,916) 47,367 Highway 9 Safety Project 100,000 - - (20,578) 79,422 Hakone ADA Improvement - (63,424) - - (63,424) Sidewalks Yearly Project 185,001 (3,210) - - 181,791 Aloha Street Safety Improvement (57,529) 49,537 - (832) (8,824) Bridges @ 4th Street 100,000 - - - 100,000 Highway 9 and Oak Place Pedestrian Sign 31,845 (34,886) - (3,642) (6,683) Quito Road Bridge Replacement 127,192 - - - 127,192 Total Public Safety 554,077 (67,268) - (29,968) - 456,841 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 - (7,469) 44,423 Sobey Road Culvert Repair - 150,000 - - 150,000 Storm Drain Upgrades 167,864 43,450 - - 211,314 Median Repairs(Landscape/Irrig.) 20,000 (7,855) - (325) 11,820 Civic Center Landscape 104,325 (5,528) - - 98,797 Village Lights (Zone 7A) - 50,000 - - 50,000 Village Trees & Lights at Sidestreets 7,000 - - - 7.0 Cox Ave Railroad Crossing Upgrade - (195,382) - - (195,3 Signage @ City Entrance 13,467 - - - 13,467 Blaney Plaza Improvement- Contruction 99,787 (131,334) - (3,021) (34,568) Village-Streetscape Impv (Sidewalk, Curbs) 738,624 (4,960) - - 733,664 Saratoga-SunnyvalelGateway 231,603 (54,980) - (4,014) 172,609 Storm Drain @ EI Camino / Mt Vista 100,000 - - - 100,000 Totallnfrastructure 1,942,934 (90,558) - (14,829) - 1,837,547 Facility WHH Improvements 74,737 (22,617) - (6,172) 45,948 Civic Center - CDD Offices 15,000 (15,000) - - - Fire Alarm at McWilliams & Book Go Round - 25,000 - - 25,000 North Campus - 19848 Prospect Road - 491,223 - (3,824) 487,399 Historical Park Fire Alarm System 6,543 - - - 6,543 Total Facility 96,280 478,606 - (9,996) - 564,890 Parks & Trails Hakone Garden D/W 164,283 - - - 164,283 Union Pacific Railroad (Deanza) Trail (49,066) (68,395) - (4,929) (122,390) Kevin Moran Improvements 46,468 (4,484) - (810) 41,174 Alternative Soccer Field - 250,000 - (676) 249,324 Park/Trail Repairs 35,202 3,384 - 4,336 27,482 Total Parks & Traits 196,887 173,737 - (10,751) - 359,873 Total CIP Funds 2,790,178 494,517 - (65,544) - 3,219,151 Bill Lockyer, State Treasurer Inside the State Treasurer's Office LOCAL AGENCY INVESTMENT FUND QUARTERLY APPORTIONMENT RATES ., ~. 3~,ut~~ ~~~~ ~ ~ ~ ~~. MARCH ~~~aTn {tee ~ ~'+a~"G~~~es'faw7~-°m ~ ~` a ~# w ; ~~ ~; ~ ~~, ~~ ~ ~ ~ '" ` ~ i ;~ ~ ~ JITNE~~~ ~~ ~; SEPTEMBER`S DE~CEMBER~~~~ ~, ,~~. ~ ' ~~ ~ a~ J.~9' re~~. ~, ~ a ~° ~, ara atsaru.~'. e.s .;~,as~.a u~~streu;.ar ~~~m- ~ ~~-~,._~..,z.~, ~~` ~ ~ 1977~~~ ~_ _ _ __ 5 68 ~ 5 78 5 84 6.45 ~~ ' '~~1978~~°~~ ~ 6 97~~~ ~ 7.35 1 7.86 8.32 ~~F~r ~ ~ ~ ~.~f a~~ ~ ~ 19~k9 ~~~__._ _ 8 81 ~ __ ~._ .. __- __ 9.10 __ ' 9 26 ___ -~__-~--_ 10.06. __ w.. __.~~._ _ 19 11.11 ~ 11.54 ~~~ 10.01 10.47 --~ ~~ ~~~` ~» ~d ~ ~~~ _ ~ .___ _ . ~ ~ _ __-_--_ _ _ ~~,~ ~1~9$1~~ ~~ 11.23 ~ 11.68 r 12.40 ~ 11.91 ~ ~~5;~19~82~k~ ~___..~_1l 82.....rv' ___..m.m11.99 _~...__. ,...__ 11.74 10.71 _~~.' ~~~'~ 1983~~ `~'r 9 87 ! 9.64 `: 10.04 ! 10.18 `~~~~ ~ ~ ~~~w~~ . .__ ~ __._.._____ .~___. ~ i _ ,. - ',~~~~~198~4~~,~~ 10.32 ? 10.88 ~ 11.53 11.41 ~ - ---_ ~`'~" 1985~~~~~r 10 32 ~ 9.98 9 54 3 _ _ _ 9 43 ~a~ ~ 19b86~~~~~ ___~._ 9 09_ ___n;.~___..~... g~'.39.._.. 7 81 _..~_~ 7.48 _._t ~~ 1987 7 24 7.21 ~~7 54~ ~, 7.97 ~~ , ~~~~~~~ ~._ __~. _ ~.,~w.~ _~____~ ~~~~;19~88 ~~~~~°~ 8 Ol 7 87 8.20 ~ 8.45 ,~~~ ~,.~_____m_ ___._______ ~_.__. _.._.~_ _ ~._______~~~._____¢_ _ ~~ ~ ~ 1989`° ~ ~ 8.76 ~ 9 13 ! 8.87 ~ _ _8 68_____..__€ ~~~°~~~a .. _..._. .. ___ 1 ._. .... ~_._~_vd.~.._...__._. T._..__ ~'~„~ 199;0~~ __~ 8 52 ~ 8 50 8.39 ~ 8.27 €~~,~~, ~.~,~u, -___ ~ .__~____~~._.__. ~.. .~_~.._ __. _..~ ~~ 19~9~1~ ~~7 97~ 7.38 „~ 7.00 ~ ~_ .6.52 _ '~~°~" ~19.92~~~~r ~ 5 87 _ ~~~~~~ 5.45 ~~ 4.97 ~ 4.67 1993~~ ~~A --..--,W ~_wW "~ 4 64 ~ 4_.51 ' 4.44_ _4.36 fr{~~~1~994~~~ 425 ~~ T 4.45 ~ 4.96~~~5.37 _._ r a~--- ~~_.___ ~ __. _ x ~-;~~,~1995~_.. ___--._5.76 ._._._ ~ W_.~__.._5.98 .._._r~_5.89_~_ ' 5.76 __ ~~~ ~ ~ 1996 ~~~ 5.62 ~ 5 52 ~ 5 57 ~ 5.58 ~ ... _~_. --°-t-- °~____ ._._~._ .W_..._ ~~~'~~ ~~~ ~ 556~~~-~ 5.63 5.68 ' 571 -a,~~,,~199~7~'< '~ , ____. ~a~~~~~1998,~ ~~~ 5 70 i 5.66 5.64 ~_ _.w 5.46 ~ ~ ~~~ 4 ~ r ~ ,~~ ~._ _ .. ~_ ..____ ___ ~ ~ ~_ _ ~ _._. ______. _.______.__~.____ . ~ ~ 1999~~'° 5.19 i 5.08 5.21 ~ 5.49 ~_~_._.e ___~. _.a._.__.._. ~ ` ~ "~~_~' S 80 6.18 6.47 ~ 6._52 ~; ~ 2000= ~ _ N ;~;~ "2001~~ ~~ 6.16 ~ 5.32 4.47 3.52 ,~, ~ ~ F ~ „~~ ~ ~ .~ _ ~ ~ ~ ~. ~ _~. _ _. ~ ~,_____._ ~______ _. _ _ _______ _.____ ~ ____ °~~~~20~2;~~~__.__. ..2.96 __.___~._ ~ __~~_75~___._~__~________ 2.63 __ __~ __ 2.31 h;' x84 ~. q.+ ,; ~ ~._____._.w. -. 2003° ~ r~~ 1.98 ~ 1.77 ~ 1.63 ' 1.56 ~« ~ ~ ~~~~.. ~ _ ~ _._._ ~____m_. ~... ~. ~.~._ E~~ ;2,004 '~~~ 1 47 ~~~~~~~1.44 1.67 ' 2.00 ~' r ~~~ ~ ~ .~. _._ _ ~ _~ _ ..___ ~--- --_-___ ---- ------r--- M,.7;~ ~ '~;~~ ~200~5~~~~~~~ 2.38 ~ 2.85 1 3.18 ~ 3.63 ~~~~ ~~ ~ . a p~ r __ ~ _ _ ~_ ___ 2006N ~ ~ 4.03 ~ 4.53 i 4.93 5.11 ~ ~z~~_.~~~~~~.~.~.._ ~ e~w. ~ __.~_~_,._..~. ~.....~.~,~~~. ~w.~. ~._. _~~...~ ~ _.._.~._~~~a~~ MEETING DATE: April 18, 2007 AGENDA ITEM: ~ `` ORIGINATING DEPT: City Manager CITY MANAGER: ~~L~--y---_. PREPARED BY: DEPT HEAD: Jana Rinaldi. Code Comnliance Dave Anderson. City Manager SUBJECT: Approve Independent Contractor Agreements for Administrative Hearing Officer SARATOGA CITY COUNCIL RECOMMENDED ACTION: Approve contracts and authorize City Manager to execute Independent Contractor Agreements with Bradley A. Bening and Linda J. LeZotte for Administrative Hearing Officer services. REPORT SUMMARY: Under Section 3-15.070 of the Saratoga City Code establishes the position of Hearing Officer to hear and decide appeals of orders, decisions or determinations made by the City Manager relative to the application and interpretation of the Code Enforcement provisions of the Saratoga City Code. The City has Administrative Hearing Officer position vacancies due to the contract expiration of attorney Barbara Specter. Barbara Specter served as the Administrative Hearing Officer for the City from August 1, 2001 to December 31, 2006. On April 4, 2007 City Council conducted interviews for the Administrative Hearing Officer position. Council made the decision to contract with both interviewees; Bradley A. Bening and Linda J. LeZotte FISCAL IMPACTS: City shall pay Administrative Hearing Officer for work performed and reimbursable costs incurred pursuant to the Contract. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not have a hearing officer and the City Council would need to appoint a Board of Appeals to hear pending appeals. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Depending on Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Independent Contractor Agreement with Bradley A. Bening Attachment B - Independent Contractor Agreement with Linda J. LeZotte s 2 of 2 CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Bradley A. Bening ("Contractor"), who agree as follows: RF.fTTAi.C WHEREAS, City requires the services of a qualified contractor 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, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). 2. TERM. The term of this Agreement commences on April 18, 2007 and extends through March 31, 2014 and may not be extended beyond that time, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times and provided further that Contractor understands and agrees that Contractor may not be considered for reappointment until at least five years following completion of the term of this agreement. 3. PAYMENT. City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for completing the Scope of Work pursuant to this Agreement. City shall Hearing Officer Agreement Page 1 of 15 furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. 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. 7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of City by the City Clerk ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and maybe given either personally, by certified mail, return receipt requested, or by overnight express carver. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carver indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via facsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Bradley A. Bening Willoughby, Stuart & Bening, Inc. 50 West San Fernando, Suite 400 San Jose, CA 95113 Notices to City shall be sent to: Cathleen Boyer City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Hearing Officer Agreement Page 2 of 15 With a copy (which copy shall not constitute notice) to: Richard Taylor City Attorney City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. 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 parties, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. . CONTRACTOR: By; Date: Print Name: Position: CITY OF SARATOGA, a municipal corporation By; Date: Name: Title: APPROVED AS TO FORM: By: City Attorney Hearing Officer Agreement Date: Page 3 of 15 APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Administrative Services Director Attachments Date: Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements • Hearing Officer Agreement Page 4 of 15 EXHIBIT A SCOPE OF WORK. Contractor shall serve as a Hearing Officer for the City of Saratoga. Contractor shall be responsible for hearing and rendering final decisions on appeals regarding public nuisances and/or violations of City Code and will hear matters presented by the City Attorney's office, the City Manager's Office, the Community Development Department, Public Works Department, and any of the affected City departments. Appeals shall be filed with the City Clerk. City shall notify Contractor by facsimile of each appeal filed within one business day of City's receipt of each appeal. Contractor shall then notify City of available hearing dates. City shall be responsible for scheduling appeal hearings and for notifying all parties of scheduled appeal hearings. In those instances in which Contractor either (1) is not available to hear a matter within the statutory time period and the appellant and City have not agreed to a continuance or (2) has conflict of interest with respect to a particular matter, Contractor shall immediately notify the City Clerk and the matter shall be heard by the Alternate Hearing Officer. Exhibit A Page 5 of 15 EXHIBIT B PAYMENT 1. HOURLY RATE. City shall pay Contractor for work to be performed and reimbursable costs incurred pursuant to this Agreement. Contractor shall be paid at the rate of $200.00 per hour. 2. INVOICES. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. The beginning and ending dates of the billing period; and b. A summary containing the amount of the prior billing, a brief description of work performed during the billing period, and the total due this period. 3. MONTHLY PAYMENTS. City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES. City shall reimburse Contractor for all reasonable expenses incurred by Contractor for long-distance telephone, postage, facsimile, messenger services, photocopying, and travel outside of Santa Clara County. Exhibit B Page 6 of 15 EXHIBIT C FACILITIES AND EQUIPMENT Administrative hearings maybe held in Contractor's offices or at the City as determined by Contractor. City shall furriish physical facilities such as conference space, as maybe reasonably necessary for Contractor's use while holding hearings, consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City except that upon request the City shall provide (1) conference space for administrative hearings to be held at the City at the time appointed for said hearings and (2) tape recording equipment to provided atape- recorded record of the proceedings. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. Exhibit C Page 7 of 15 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor. and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE. Contractor 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 Contractor is engaged in the geographical area in which Contractor practices its profession. 'All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME. Contractor shall devote such time to the Scope of Work pursuant to this Agreement as maybe reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES. Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the Exhibit D Page 8 of 15 consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as maybe specified by City. 7. CONFLICT OF INTEREST. a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such . position which either by rule, practice or action nominates, recommends or supervises Contractor's operations or authorizes funding to Contractor. 8. COMPLIANCE WITH LAWS. a. In General. Contractor 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 fo the performance of the Scope of Work hereunder. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. c. Funding Agency Requirements. To the extent that this Agreement maybe funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors Exhibit D Page 9 of 15 shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in comiection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads polo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 9. DOCUMENTS AND RECORDS. a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. 10. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential infonnation to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 11. INDEMNIFICATION. City shall defend, indemnify and hold harmless Contractor from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory Exhibit D Page 10 of 15 proceedings, losses, expenses or costs of any kind whatsoever in the same manner and to the same extent that City indemnifies and defends City employees in accordance with the California Tort Claims Act, Government Code §§ 810-996.6. Contractor shall indemnify and defend City from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever, 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 Contractor's gross negligence, fraud, corruption, or actual malice. 12. INSURANCE REQUIIZEMENTS. Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. 13. DEFAULT AND REMEDIES. a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure of Contractor to perform any obligation under this Agreement and failure to 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; or2. Failure of Contractor to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such-that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. 2. Failure of City to perform any obligation under this Agreement and failure to either cure such breach within fifteen (15) days of receiving notice of such breach or, if the nature of the breach is such that the Contractor determines it will reasonably require more than fifteen (15) days to cure, City shall not be in default if City promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any default, the non-defaulting party 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. c. No Waiver. Failure by either party 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. 14. TERMINATION. Either party may terminate this Agreement with or without cause by Exhibit D Page 11 of 15 providing 10 days notice in writing to the other party. A party may terminate this Agreement at any time without prior notice in the event that the other commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged herefrom, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 15. 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 maybe pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 16. LITIGATION. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 17. 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. 18. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 19. 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. 20. WAVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by either party to enforce any of the other party's obligations or to exercise that party's rights shall in no event be deemed a waiver of the right to do so thereafter. Exhibit D Page 12 of 15 EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those which have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor 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 Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial GeneralBusiness 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 injury/$ 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 Contractor'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 Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $500,000 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 contractor, regardless of where the vehicles are kept or driven. s Exhibit E Page 13 of 15 X Professional/Errors and Omissions Liability with coverage as indicated: X $500,000 per loss/ $1,500,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor 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 Contractor 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) As to all of the checked insurance requirements above, the following shall apply: a. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. r1 U Exhibit E Page 14 of 15 b. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. 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. Exhibit E Page 15 of 15 CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Linda J. LeZotte ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor 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, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). 2. TERM. The term of this Agreement commences on April 18, 2007 and extends through March 31, 2014 and may not be extended beyond that time, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times and provided further that Contractor understands and agrees that Contractor may not be considered for reappointment until at least five years following completion of the term of this agreement. 3. PAYMENT. City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment which maybe required for completing the Scope of Work pursuant to this Agreement. City shall Hearing Officer Agreement Page 1 of 15 furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. 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. 7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of City by the City Clerk ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and maybe given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carver indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via facsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Linda J. LeZotte Berlinger Cohen Ten Almaden Blvd., 11`h Floor San Jose, CA 95113 Notices to City shall be sent to: Cathleen Boyer City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Hearing Officer Agreement Page 2 of 15 With a copy (which copy shall not constitute notice) to: Richard Taylor City Attorney City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. 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 parties, which are noT embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Date: Print Name: Position: CITY OF SARATOGA, a municipal corporation By: Date: Name: Title: APPROVED AS TO FORM: By: Date: City Attorney Hearing Officer Agreement Page 3 of 15 APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Administrative Services Director Attachments Date: Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements Hearing Officer Agreement Page 4 of 15 EXHIBIT A SCOPE OF WORK Contractor shall serve as a Hearing Officer for the City of Saratoga. Contractor shall be responsible for hearing and rendering final decisions on appeals regarding public nuisances and/or violations of City Code and will hear matters presented by the City Attorney's office, the City Manager's Office, the Community Development Department, Public Works Department, and any of the affected City departments. Appeals shall be filed with the City Clerk. City shall notify Contractor by facsimile of each appeal filed within one business day of City's receipt of each appeal. Contractor shall then notify City of available hearing dates. City shall be responsible for scheduling appeal hearings and for notifying all parties of scheduled appeal hearings. In those instances in which Contractor either (1) is not available to hear a matter within the statutory time period and the appellant and City have not agreed to a continuance or (2) has conflict of interest with respect to a particular matter, Contractor shall immediately notify the City Clerk and the matter shall be heard by the Alternate Hearing Officer. L_J Exhibit A Page 5 of 15 EXHIBIT B PAYMENT 1. HOURLY RATE. City shall pay Contractor for work to be performed and reimbursable costs incurred pursuant to this Agreement. Contractor shall be paid at the rate of $200.00 per hour. 2. INVOICES. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. The beginning and ending dates of the billing period; and b. A summary containing the amount of the prior billing, a brief description of work performed during the billing period, and the total due this period. 3. MONTHLY PAYMENTS. City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES. City shall reimburse Contractor for all reasonable expenses incurred by Contractor for long-distance telephone, postage, facsimile, messenger services, photocopying, and travel outside of Santa Clara County. ~_~ Exhibit B Page 6 of 15 EXHIBIT C FACILITIES AND EQUIPMENT Administrative hearings may be held in Contractor's offices or at the City as determined by Contractor. City shall furnish physical facilities such as conference space, as maybe reasonably necessary for Contractor's use while holding hearings, consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City except that upon request the City shall provide (1) conference space for administrative hearings to be held at the City at the time appointed for said hearings and (2) tape recording equipment to provided atape- recorded record of the proceedings. In no event shall City be obligated to furnish any facility which may involve incumng any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. ,~ Exhibit C Page 7 of 15 • EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE. Contractor 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 Contractor is engaged in the geographical . area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME. Contractor shall devote such time to the Scope of Work pursuant to this Agreement as maybe reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES. Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the Exhibit D Page 8 of 15 consent of the City given in writing, Contractor is entitled to subcontract such portions of the • work to be performed under this Agreement as maybe specified by City. 7. CONFLICT OF INTEREST. a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends or supervises Contractor's operations or authorizes funding to Contractor. 8. COMPLIANCE WITH LAWS. a. In General. Contractor 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. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. c. Funding Agency Requirements. To the extent that this Agreement maybe funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors • Exhibit D Page 9 of 15 . shall comply with the City's policy ofmaintaining adrug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 9. DOCUMENTS AND RECORDS. a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. 10. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 11. INDEMNIFICATION. City shall defend, indemnify and hold harmless Contractor from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory Exhibit D Page 10 of 15 proceedings, losses, expenses or costs of any kind whatsoever in the same manner and to the • same extent that City indemnifies and defends City employees in accordance with the California Tort Claims Act, Government Code §§ 810-996.6. Contractor shall indemnify and defend City from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever, 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 Contractor's gross negligence, fraud, corruption, or actual malice. 12. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. 13. DEFAULT AND REMEDIES. a. Events of default. Each of the following shall constitute an event of default hereunder: Failure of Contractor to perform any obligation under this Agreement and failure to 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; or2. Failure of Contractor to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. 2. Failure of City to perform any obligation under this Agreement and failure to either cure such breach within fifteen (15) days of receiving notice of such breach or, if the nature of the breach is such that the Contractor determines it will reasonably require more than fifteen (15) days to cure, City shall not be in default if City promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any default, the non-defaulting party 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 bylaw. c. No Waiver. Failure by either party 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. 14. TERMINATION. Either party may terminate this Agreement with or without cause by Exhibit D Page 11 of 15 . providing 10 days notice in writing to the other party. A party may terminate this Agreement at any time without prior notice in the event that the other commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged herefrom, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination. of this Agreement. 15. 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 arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation maybe pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 16. LITIGATION. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 17. 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. 18. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 19. 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. 20. WAVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by either party to enforce any of the other party's obligations or to exercise that party's rights shall in no event be deemed a waiver of the right to do so thereafter. • Exhibit D Page 12 of 15 EXHIBIT E . INSURANCE Please refer to the insurance requirements listed below. Those which have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor 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 Contractor'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 injury/$ 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 Contractor'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 Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $500,000 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 contractor, regardless of where the vehicles are kept or driven. • Exhibit E Page 13 of 15 • X Professional/Errors and Omissions Liability with coverage as indicated: X $500,000 per loss/ $1,500,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain ProfessionaUErrors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor 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 Contractor 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 GeneraUBusiness 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) As to all of the checked insurance requirements above, the following shall apply: a. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. r~ u Exhibit E Page 14 of 15 b. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. 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. Exhibit E Page 15 of 15 SARATOGA CITY COUNCIL MEETING DATE: April 18, 2007 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~-/ PREPARED BY: DEPT HEAD: ~~- ~~ ~ti~~-^° Richard Taylor, City Attorney John Cherbone, PW Director SUBJECT: Agreement for Professional Consultant Services RECOMMENDED ACTION(S): Authorize the City Manager to execute an Independent Contractor Agreement between the City of Saratoga and LSA Associates, Inc. for professional consultant services. REPORT SUMMARY: At the November 1, 2006 City Council Meeting the Council approved a Conceptual Design Plan for the proposed Kevin Moran Parlc Improvements Project and authorized staff to begin the environmental study based on the Conceptual Design Plan. The estimated project costs would be approximately $1,381,426 for design and construction, which includes a 10% construction contingency, design fees, and an allowance of $10,000 for environmental work. Additional annual maintenance costs are estimated at $64,200. To assist the City in finding a consultant to prepare CEQA documentation for the proposed Kevin Moran Park Improvements Project, staff distributed a Request for Proposals (RFP). The 12FP was distributed via an advertisement in the local paper, a posting on the City's website, a posting on the Association of Environmental Professionals SF Bay Area Chapter website, and through mailings to a select list of Bay Area consultants who have worked for the City in the past. The RFP was also mailed to any consultant who contacted the City to request a copy. City staff interviewed three out of the six companies that responded to the RFP. After careful consideration the staff determined that the proposal submitted by LSA Associates, Inc. was most responsive to the needs of the City. LSA Associates' proposal includes a very experienced consultant team, including a cohesive partnership with subconsultants who will prepare a soil investigation. LSA's proposal was the only proposal and estimate that included soil testing as requested by the community at an estimated cost of $25,000, resulting in a total budget of $63,387. This proposed budget is the lowest bid the City received for preparation of the environmental document. f LSA Associates, Inc. has provided land use and environmental planning consulting services to both the public and private sectors for over 30 years. They have prepared environmental documents for recreational facilities in the past five years for many municipalities including the cities of Fairfield, San Jose, Richmond, and Saratoga. ' Therefore staff recommends that the Council approve a professional consulting contract with LSA Associates, Inc. .for environmental documentation services and authorize the City Manager to execute the same. FISCAL IMPACTS: Funding is available in the adopted budget in the Kevin Moran Park Improvement Project. CONSEQUENCES OF NOT FOLLO~'~'ING RECOMMENDED ACTION(S): The Contract will not be executed and LSA Associates, Inc. will not proceed with preparation of environmental documents for the Kevin-Moran Park Improvements Project. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The Agreement will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: 1. Independent Contractor Agreement. i ,,, L ~ ~ LSA ASSOCIATES, INC. B¢RKELP.Y 20 E%ECUTIVE PARR, SUITE 200 919.553.0666 TEL CARLSBAD IRVINE, CALIFORNIA 92614 949.553.8876 FAX COLMA FORT COLLINS RIVERSIP6 PALM SPRIN FS ROCKLIN POINT RICHMOND 6AN LUIS OB15P0 Attachment 1 TRANSMITTAL T.o, Carmen Borg, AICP DATE, Apri15, 2007 Shute,Mihaley& WeinbergerLLP ^ FOR YOUR REVIEW ^ FOR YOUR FILES 396 Hayes Street a AT YouR REQUEST ^ FOR YOUR INFO RH ATION .San Francisco, CA 94102 p'FOR YOUR APPROVAL ^ DISTRIBUTION s u e J s c T: Contract for Consulting Services PROJECT: City of Saratoga PROJECT.NUMBER: C1S0701 1TEE18 BELOW ARE TRAN~SN ITTED..^ HEREWITH O UN.D ER SEPARATE .COVER ~ D ~YIA, "" D ATE ~ COPIES DESCRIPT[O'N 44/OSL07 1 Independent Contractor Agreement ENFRAL HFMARKS. c o rl Es To : Billing Files, Shelley Trask BY, Hiyas T. Bennett CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARt1TOGA, a municipal corporation {"City"), and L,SA Associates, Inc., ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor 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, :Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHENED. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt.of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM. The term of this Agreement commences on March 27, 20U7 ,and extends through September 3Q, 2007 or the completion ofthe project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3, PAYMENT. City shall pay Contractor for work product produced pursuant to this Agreement at the Time and in the manner set forth in Exhibit $ ("Payment"). The payments specified in Exhibit B shall be She only payments to be made to Contractor in connection with Contractor's completion of.the Scope of Work pursuant to this Agreement. Contractor shalt submit all billings to City in the manner specified in Exhibit $; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT. Except as set forth in.Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5.. GENERAL PROVISIONS. City and Contractor agree to and shall :abide by the,general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency . between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall .control insofar as it is inconsistent with the General Provisions. 6. 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. 7, CONTRACT ADMINISTRATION. 'I1iis Agreement shall be administered on behalf of City by the Director of the Community Development ("Administrator"). -The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate -with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. _~ 8. NOTICES. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. T'he notice shall be deemed .to have been given and received on the date delivered in person or the date upon which the postal • authority or overnight express carver indicates that the mailing was delivered to the address of the receiving.Party..The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice .affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by,giving teri (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given, Notices or communications shall be given to the Parties atthe addresses set forth below until specified otherwise in writing: Notices to Contractor shall be Sent to: David Clore, Principal LSA.Associates, Inc. 2215 Fifth Street Berkeley, CA 94710 2216 'Notices to City shall be sent to: John Cherbone, Director Public Works Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: Carmen Borg, AICP Urban Planner Shute; Mihaly & Weinberger 396 Hayes Street San Francisco, CA :94102 9:. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion.of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to'.the rendering of such :services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, .or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid .or binding: No amendment, alteration, or variation of the terms of this Agreement shall .be valid unless made in writing and signed'by the parties'hereto, IN WITNESS VdHEREOF, the parties hereto have executed this Agreement. CONTRACT, 13y: ~/v C/(~/ I' Date: Print Name: ~1~"`r./7'• ~ ~ ~tn'1 1, s21~...~- Position: CITY OF SARATOGA, a municipal corporation By: Date: Dave Anderson , City Manager • APPROVED AS TO FORM: Richard S. Taylor City Attorney ~1~~~~ Date:. ;312 ~ ~ ~ ~- L J APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Date; Administrative .Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements . // f 4 EXHIBIT A '~ SCOPE OF WORK Contractor shall complete the Scope of Work as described in the attached Proposal for Services. // r~ v 1 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION. City shall pay Contractor at the rates set forth on the rate schedule in Table 3 of the Proposal for Services referenced in Exhibit A. The total amount to be paid pursuant to this Agreement [including reimbursable expenses] shall not exceed $63,387.00. 2. INVOICES. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed .and reimbursable expenses incurred prior to the invoice date. Invoices shall .contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. a summary containing the amount of prior billings and the total due this period 3. MONTHLY PAYMENTS. City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES. Reasonable expenses incurred by Contractor shall be reimbursed at their actual .cost // r~ LJ EXHIBIT C FACILTTIES AND EQUIPMENT' City, shall famish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractors use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of famishing ,said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incumng any duect expense, including, but not limiting'the generality of this exclusion, long-distance telephone or other . communication charges, vehicles; and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. // EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR: At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not. be an employee of City.. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods .and practices in Contractor's field. City shall have the right to control :Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pwsuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the .obligations set forth in -this .Agreement: Interference or conflict will be determined at the sole discretion of the City. 2. 'STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work required pwsuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever natwe which Contractor delivers to City pwsuant to this Agreement shall be prepazed in a substantial, .first class :and workmanlike manner and conform to the standards of quality normally observed by a personpracticing in Contractor's profession. 3. TIME. Contractor shall devote such time to the Scope of Work pwsuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or'implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES. Contractor hall not have any claim under .this Agreement or .otherwise against City ftlr seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health inswance, medical. caze, hospital care, inswance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may. incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or. obligation pwsuant to this Agreement.. Any.attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as maybe specified by City. 7. `PERSONNEL. a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving noticefrom city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will xesult in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. -• 8. CONFLICT OF INTEREST. a. In General. Contractor represents and warrants that, to the best of the Contractor's :knowledge and belief, there are no relevant facts or circumstances - which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potentia] '' conflict.of interest on the part of Contractor is :discovered after award, the Contractor will make a full disclosure in writing to the City: This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor-shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. e. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, director indirect, in this agreement or the proceeds thereof. 'Neither Contractor nor any member of any Contractor's family shall serve on any City boazd or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or.authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS. a. In General. Contractor 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 focal 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, Contractor represents and warrants to City that it has all licenses, permits, qualifications.and approvals ofwhatsoever nature which are legally required -for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times .during the term of this Agreement any licenses, permits, and approvals -which are legally required for Contractor to practice its profession. In addition to the foregoing; Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. .Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and.regulations to which.City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining.a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing :services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the , . City e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-meriYfactors be excluded. from participating in, be denied the benefits of, or be otherwise subjected to .discrimination under this Agreement. 10. DOCUMENTS AND RECORDS.. a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become .the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records, Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the .City or any panty designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to .City. c. Use Ot Recycled Products. 'Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent'it is available at :equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the repoNdesign preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. Seal. and Signature of Registered Professional with reportJdesign responsibility. 11.. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence' and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information io City. Contractor may keep one.copy for its confidential fife. Forpurposes of this paragraph, confidential information is defined as all information. disclosed to Contractor which relates to City's past, present, and future activities, as well as activities, under this Agreement, which information is not otherwise ofpublie record, under California law. 12. RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for the work, shall bear all losses and .damages directly or indirectly resulting to Contractor, to . any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION. Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, lie 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 anyway related to the performance 4 . of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indenufy and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor 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 underthis provision are to be paid by Contractor as they are incurred by the City. ' b. Limitation on Indemnity. Without affecting the rights of Cityunder-any "" provision of this agreement or this section, Contractor shall not be required Io 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 Contractor 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 Contractor 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. c. Acknowledgement. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has no.oblgation 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. d. Scope.of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. e. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every .subcontractor, subtier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. M. .,~ _. '_.;._:.m.va:....:..~.~'--w.i}sa..wi.~::..a:...s.l r .. 1...x.~.»..ri1' ±--'-<.G~ ,,:,:a ~3i`~. r~ ~. -. 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 Contractor and shall survive the termination of this agreement or this section. For purposes of Section 27.82 of the Civil Code the parties hereto recognize and agree that this Agreement . is not a construction.contract. By execution of this. Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof ' and that this paragraph is a material element of consideration, City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REOUIREMEN'TS. Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES. a. Events of default. Each.of the following shall constitute an event of default hereunder: ' 1. Failure to perform any obligation under this Agreement and failure to 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; .or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (1 S) days of.receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not:immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds io completion pf the cure, b.. Remedies upon default. Upon any .Contractor 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. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any , 'remedy for any subsequent default. 16. TERMINATION. Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this 6 Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and dischazged herefrom, subject to payment for acceptable cervices rendered prior to the expiration of the notice of termination. Notwithstandingthe foregoing, the provisions of this Agreement concerning retention of records, City's rights to .material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. 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 arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued..Tn the event any dispute resolution processes aze.involved, each party .shall beaz its own costs and .attorneys fees.. 18. LITIGATION. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. 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 insofaz as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OFNON-RENEWAL. Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by' Contractor :under a new agreement following expiration or termination of this Agreement. , Contractor waives all rights or claims to notice or hearing respecting any failure by City to .continue to request or retain all :or any portion of the work product from .Contractor following the expirator~~or termination of this Agreement. 21. PARTIES 1N 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. 22. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall .constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to .enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the rightto do so thereafter. // EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those which have an ".Y"indicated in . the space before the requirement apply to Contractor's Agreement (ignore any not checked). . Contractor shall provide its insurance broker(s)/agent(s) with a.copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, .13777 Fruitvale Avenue, Saratoga, CA 93070. Contractor 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 Contractor's insurer to provide complete, certified copes.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 injury/$ per occunence property damage _ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance _ If the standard 1S0 Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor'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 Contractor'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 Uudiiy injury and property damage _ Garage keepers extra liability endorsement to extend coverage to .all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. ~1 U _X Professional/Errors'and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain ProfessionallErrors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor 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 miriimum $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 Contractor makes the following certification, required by section 1861 of the California Labor Code: Lam awaze of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation onto 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(sj for Commercial GeneralBusiness Liability coverage ' naming the Gity of Saratoga; its officers, employees and agents as additional insured. .(NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a sepazate endorsement uch as -Form CG 20.1.0) 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." Al] subcontractors used must comply with the above requirements except as noted below: 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 declazed to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured:retentions as respects the City,'its officers, .officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim adrrunistration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers aze to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the;Contractor; products and completed operations.of the Contractor, premises owned„occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope ofthe 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 Contractor's msurance shall apply sepazatelyto each insured against whom claim is made or suit is brought, except with respect to the limits of.the insurer's Iiability. 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. If you -have any general questions please call the Administrative Services Director at - :(408)868-1221. P:ISARATOGAU{:Moran Park~KMP Consoltant Contract(3-26-07).doc LSA ASSOCIATES, INC. CARLSSAD IAYtNE RIVERSIDE, A L S ~ ` ~ III$ FIFTH STREET 530.540.7.331 TEL COLMA PALM SPRINGS RpC[gN 7341 FAX FORT COLL[NS POINT RICN POND SAN LUIS ORISPO 540 94710 510 - l . . RER [ELEY. CALIFORNIA V 4 February .12, 2007 Di rector John Cherbone, Public Works City of Saratoga 13777 Fruiriale Avenue Saratoga, CA 95070 Subject: .Proposal to Prepare an Initial Study for,the Kevin Moran Park Project Dear Mr. Cherbone: ~` LSA Associates, Inc. (L,SA) is pleased to submit this proposal for the preparation of an Initial Study (IS) for the proposed Kevin Moran Park Project (project), pursuant to the California Environmental Quality Act (CEQA). As you know, over the last several months we'have been working with you and _ . . other City staff, in addition to Shute, Mihaly and Weinberger, on the environmental documentation for the`Saratoga De Anza Trail. Our work on the De Any Trail is focused on many of the same key environmental issues that will be considered for the Kevin Moran Park Project; including traffic .~ congestion, parking, noise, and hazardous materials (in this case, residues from agricultural chemicals). We believe that .our local knowledge and current collaboration with City staff, combined with our bl ill h e us ena e.Bay Area, w experience conducting environmental review for park projects throughout t ,' to conduct a comprehensive, reasoned, and cost-effective environmental review of the project. ~ j Primary LSA staff on this project will be David Clore, Principal, who will oversee the CEQA _ -! documentation and review all outgoing reports and memoranda. David will be assisted by Adam Weinstein, Senior Planner, who will conduct the.research for the IS; and serve as the primary author '~ of the document and day,to-day contact for project-related concerns. LSA will be assisted by one . , ~ subconsultant, Baseline Environmental Consulting (Baseline). Baseline will conduct a land use review and limited Phase TI soil investigation of the project site to identify potential hazardous soil concerns associated with historic agricultural -use of the site. All team members have worked on the De Anza Trail environmental documentation and are very familiar with environmental conditions in Saratoga. 1 _i As is always the case with our proposed scope, budget.and schedule, we are open to suggestions for refinement and look forward to discussing with you our approach to:environmental review. Thank you for the opportunity to bid on this project. Sincerely, LSA ASSOCIATES, INC. David R. CloreClore, A1CP Principal Adam Weinstein - SenioF Planner ~. PLANNING i ENVIRONNE NTAI I DESIGN f ;::; r' i 4. i::~ :- ~{ PROPOSAL FOIL BER'VICES KEVIN MORAN. PARK INITIAL ST'LTD3~ Submitted to: City of Saratoga . Public Works Department 13777 Fruitvale Avenue .Saratoga, CA 95070 Prepared by: LSA Associates,, Inc. 2215 Fifth Street Berkeley, CA 94710 510.590.7331 S LSD February 12, 2007 FABLE Off' CONTENTS -:.~ L IN'TRODUCTION .....................................................................................................................1 II. TEAM QUALIFICATIONS AND KEY PERSONNEL .....:.....................................:...............3 III. RELATED.EXPERIENCE AND REFERENCES ....................................................................6' N. SCOPE OF WORK :..........::..........:...`.............................................,...:.....................................10 Y. SCHEDULE .......................................................:...................................:......................:.........16 VI. BUDGET.. .......:.............................:..........................................................:...............................'17 APPENDICES A, Qualifications and Resumes LSA Associates, Inc. Baseline Environmental Consulting B. Baseline Environmental Consulting Scope of Work o:wsorosN.wio~o-~ mom estww~.ax i ~. ^~ ;.~ ;? Y 5..~ ~~ "~ S f i LeA Ai8OO[AT88, INC PBBaVART 9007 PBOeoseL roa 9aamoas EEVIN LOeAN PAAa. PBOJa OT INITIAL BTVDT ' OITT OP.BAB.ATOOA LIST OF TABLES Table 1: Work Program Outline ..............................................................:......................................10 Table 2: Proposed Environmental Documentation Schedule ................:...................................... 16 Table 3: -Cost Proposal ..............:...........:.........................:.............:..............................:.................18 ~0:1P8OMISM.`09010~Kevia Morro PatWapmal.0a N8.I00]) ,` TTi I. INTRODUCTION 4 LSA is pleased to submit this scope, schedule and budget to-the City of Saratoga for preparation of an Initial Study (IS) pursuant to the Califomia Environmental Quality Act (CEQA) for the Kevin Moran .Park Project. This proposal describes the project team and sets out a detailed scope of work, schedule, billing rates, and a project budget by-task. ', PROJECT UNDERSTANDING .. Kevin Moran Park is an existing 10-acre park in the.City of Saratoga (City). The park is located in a ,. i ~ . residential neighborhood and is bounded by single-family residential uses along Saraglen Drive to the ' ~~ north; Scully Avenue to the east; and State Route 85 (SR 85) to the south and east. Azule Park and Blue Hills Elementary School are located across SR B5, to the west of Kevin Moran Park,.and are " connected to the parkby a pedestrian bridge. A pedestrian/tiike trail also.extends around the perimeter ...J of the "site. j The park consists of 6 acres of developed land containing a children's play area, a 2.3-acre opep turf I area, a half basketball court, par course stations, and other associated park facilities. The remaining 4 acres of the project site comprise:a remnant fruit tree orchard in generally poor condition. The entire project site includes 272 trees of various sizes, 206 of which are protected under the City's Tree Regulations. The park is primarily used primarily by joggers, walkers, families, and school children. In addition, the American Xouth Soccer Organization has a use,agreement with the :City that allows ~ for the use of the park by soccer groups .during specified times. ~ '` The parksite was purchased by the City in 1970; on April 7, the City changed"the name of the parcel to Kevin Moran Park, in memory of a 1966 graduate of Saratoga High School who died in.a Vietnam .,,, War protest in Goleta in 1970 while he was a student at University of Califomia, Santa Barbara. The ._< first 4 acres of the park were developed in 1973. Since 1973, a master plan update was prepared for " the park,..and the City created a task force to consider various park alternatives. Over the years, ` numerous City Council meetings have been held on the park project, with much discussion.over t.. i whether the park should be used primarily for active or passive recreation, or a combination of the -two types of uses. ' The current conceptual plan for the project was designed.by IvIPA Design in 2006, andwould result in the development of the 4 acres ofcurrently-undeveloped park land with park uses and changes to existing park facilities. The plan would provide the following facilities: tennis court; half basketball court; two bocce courts; a flat grass practice area; rolling grass areas; a picnic and restroom area; a meditation garden; landscaping (drought tolerant); associated park facilities; a screened area for ~ storage of practice equipment; and fencing around the perimeter of the site. The flat grass practice area would be used for informal play and practice by organized user groups (subject to certain user ' "" restrictions); organized user groups would not be permitted to play games at -the park.. Based on the conceptual plan, .over 50 trees would be removed from the site as part of the project. No parking area OMROPOSAL'O]Olo-llerin Mmm PUHRWa~.aac LBA ABB OO GTH B, INO. PIBA VARY 900! - PIO PO BAL POI BHIYIOEB 6IVIN YOIAN PAIR PIOJHOT INITIAL fTVDY O1TY OP BAIATOOA i ~ is ro osed as ar[ of the ro'ect• visitors amvin b car would continue to alor- Scull p p P P J ~ gY P~ g Y Avenue. PROJECT TEAM LSA has assembled a project team to prepare the Kevin Moran Park Initial Study (IS) that provides the full range of required, expertise to successfully complete the CEQA documentation for this project. Primary LSA staffon this project will be David Clore, Principal, who will oversee the CEQA ,.~ documentation and review all outgoing reports and memoranda. David will be assisted by Adam Weinstein, Senior Planner, who will conduct the research for the IS, and'serve as the primary author of the document and day-today contact for project-related concerns. Amy I~scher, Senior Planner, will provide technical expertise for the transportation, air quality, and noise analyses. Matt Ricketts, !-~ Wildlife Biologist, will conduct a reconnaissance of biological resources on the project site. -^~ LSA will be assisted by one subconsultant, $aseline Environmental Consulting (Baseline]. Baseline will conduct a land use review and limited Phase II soil investigation of the project site to identify potential hazardous soil. concerns associated with historic agricultural use of the site. Bruce Abelli- Amen,RG, HG, Senior Hydrogeologist and Ralph Russell, Environmental Specialist, will serve as the key staff for the.hazardous materials work. All individuals on the LSA team who would work on the project are listed in Chapter II, Related experience and references are provided in Chapter III, preceding our proposed scope of work, _ i schedule and budget in Chapter IV. '~ The LSA team is committed to working closely with City staff and facilitating their review of.and input to the process and work products as much as,possible. LSA is also available to assist in the ~~ preparation of staff reports, resolutions, findings, etc. as maybe necessary and desired by City staff. -a We believe that our on-going experience with the Saratoga de Anza Trail Environmental Docurrtentation.has provided us with substantial local knowledge and that this earlier work in Saratoga will enable us to perform efficiently. r` } O:VBOPOSALb0010KS++o Morn PakVtopoul.0a ]/Brz00'/) II. TEAM QUALIFICATdONS AND KEY (PERSONNEL M P k i t l i h i oran ar env ronmen a rev ew, e contract for the Kev n As prime consultant, LSA will manage,t be responsible for the accuracy and quality of all technical documentation, and represent the environ- ,~ mental consulting team at all public hearings. The organization chart on the following page shows the i., proposed relationships and office locations of key personnel. A short description of LSA and Baseline Environmental Consulting follows. Full resumes for 4 assigned staff are provided in Appendix A, Relevant experience and references for LSA are presented in Section III. ±'t LSA ASSOCLA.TES, INC. LSA provides multi-disciplinary land use and environmental planning services. As planners and envi- :.~' romnental analysts, we are active in all aspects of community development, land use planning, :and public involvement. As technical specialists, we provide expertise in transportation, air quality, noise, """{ biological resources, and cultural resources. LSA has extensive experience providing services for - both the public and private sectors; we have prepared more than 3,400 environmental evaluations ;_ since our firm's founding in 1976. Our understanding of both development planning:and the public r' i interest results in realistic and fair recommendations. We offer efficient and responsive support to _l State, regional, and local government, private.sector, and institutional clients. LSA has ten offices located in Berkeley, Carlsbad, Colma, hvine, Palm Springs, Point Richmond, Riverside, Rocklin, and'San Luis Obispo, California, and Ft. Collins, Colorado.LSA presently ''~ employs approximately 250 professionals. r?+ hies of the staff we have selected for the Kevin Moran Park IS are provided below. Full bi -•• ograp Short resumes of key personnel are included in the Appendix. Adam Weinstein, Seniot•Planner, will serve as day-to-day Project.Manager and be responsible '' for authoring the majority of the responses to the Initial Study checklist. Adam's primary `~ responsibilities include managing a number of diverse Projects including Environmental Impact Reports (E1Rs), Initial Studies, and Negative Declarations. Adam is serving as.Project Manager for the current Saratoga de Anza Trail environmental documentation. Adam is currently EIR f th Ci f l M d U P or e ty o roject ixe se managing the following projects: 1300 El Camino Rea Menlo Park;.Benicia Business Park EIR for the City of Benicia; Buchanan Field Airport Master Plan Environmental Review for Barnard Dunkelberg & Company; and Carnoustie Residential ;~ Development EIR.for the .City of Half Moon Bay. David Clore, ATCP, Principal, will serve as Principal-in-Charge. Over the course of his career, David has served as Project Manager or Principal-in-Charge on over 350 CEQA documents. He. is currently serving as Principal-in-Charge of the Baseball Stadium in the Diridon/Arena Area EIR for the City of San Jose; the Sierra Point Biotech Project EIR forthe City of Brisbane; and the Benicia Business Park EIR for the City of Benicia. p;~ppppSALWMIPKnm Mmv PmkVhvposalda i.J .r,.`~ r+ }}~ 1 w~ i',i! t :l, E__i r S rl V I 'b u (~ h 7 y V' H ~ W .: ~ N O dV O ~ L (~ a a ~A ~+ F ..~ a~ N :.~ {"r W OD `' Ir \^ O v J v ,J f-' LeA A880 CI ATEB, LN C. PR OPOB AL POR'BERVIOEO 8+~9 PEE RUARY 200] ~ REVIN.v ORAN PARE PR Oje OT-I NITIALBTV DY Csr] '- ~Q(TY OP BARATOOA asTd ., Amy Fischer, Senior Planner, will complete the checklist responses for noise and air quality. She has more than six years of experience in the environmental field and has prepared technical studies for many diverse projects in California. She serves as the senior transportation, air quality and noise analyst for CEQA/NEPA and planning documents in the Berkeley LSA office. She is .currently preparing the air quality analysis for the Allan Witt Park Revitalization Project EIR for the City of Fairfield, the Seven Vines Residential Project EIR for-the City of Livermore,.and the Benicia Business Park EIR for the City of Benicia. Her air quality analysis experience includes ,: permitting with air pollution control districts throughout California, and other regulatory .agencies. Tung-Chen Chung, Ph.D., LSA's Director of Noise and Afr Quality Services, will ° serve as reviewer of Amy's technical analyses. ''~ Matt Ricketts, Wildlife Biologist, has conducted biological/special-status species assessments in '~ t locations throughout northern California, and in support of CEQA documentation. He has also :3 served as a construction monitor for California red-legged frog, western pond turtle, .San _ ..l Francisco garter snake, :California clapper rail, and various raptor species. :.a ~-~ BASELINE ENVIRONMENTAL CONSULTING _s .Baseline Environmental Consulting (Baseline) is amulti-disciplinary environmental consulting;firm, founded in 1985, with expertise in the areas of geology, hydrology, engineering,geology, engineering, " :~ risk assessment, and planning. Baseline's staff all have certifications and/or registrations in their ~J respective technieal'fields and practice in these professions. `In addition, al] staff are involved in the preparation of environmental CEQA/NEPA documents. Depending on'the project, Baseline acts as -"} .either a prime consultant ora subconsultant to other firms. As a prime consultant, Baseline has pre- pared environmental documents on residential subdivisions,:commercial projects, and new towns, gravel extraction projects, infrastructure improvements, and bridge replacements/retrofitting. As a 9 subconsultant, Baseline generally assists LSA in the preparation.of technical sections such as geo1- ogy, hydrology, water supply, and public health. Staff from Baseline and'LSA have successfully collaborated on CEQA.documents for over 20 years. `~ The following personnel .from Baseline will participate in the Kevin Moran Pazk environmental --' review project: Yane Nordhav, RG, Bruce Abelli-Amen, RG, HG, and Ralph Russell, Environmental Specialist;. Their resumes are included in Appendix A to this proposal. 1 i ~:. :.:a Descriptions of some of the many projects that Baseline has worked on with LSA are also included in Appendix A. r 1 L_J ~_~ DipBppp$ALb]010.2sriv Mario Pa\W gimy.d°[ YAR00'/) III. RELATED EKPERIENCE AND REFERENCES ,~ t :~ The following projects exemplify recent successful projects undertaken by the Berkeley office of LSA. Tn the interest of brevity, we have chosen to focus on recreation and park projects. With one or two eiccepfions, all of the projects descn'bed are either current projects or.ones that have been completed in the last five years. Saratoga de Anza Trail Environmental Documentation for the City of Saratoga as a. subconsultant to Shute, Mihaly-and _- Weinberger, LLC. The Saratoga de Anza Trail is a 1.6-mile component ofa regional bike and pedestrian trail that is proposed to extend through the cities of Cupertino, Saratoga, and Campbell, and the Town of :Los Gatos along utility and railroad rights- of-way. In Saratoga, the.trail has been subject to considerable debate, and residents who live near.the corridor are concerned that the project will intrude on their privacy, diminish property values, and bring crime to the area. Working closely with the law firm Shute, Mihaly and Weinberger, LSA conducted aone-day trail user survey and a comprehensive environmental :evaluation of the trail project to satisfy both California Environmental Quality Act (CEQA) and National :Environmental Policy Act (NEPA) requirements. In the environmental documents prepared for the project, LSA developed mitigation measures to address project concerns such as at-grade rail crossings, soil contamination, and ;impacts to creeks. These mitigation measures were later incorporated:into the project to reduce the environmental impacts of the trail. Using case studies of other railroad comdor trail projects, LSA demonstrated that the trail would not pose safety risks to users, or endanger property and privacy. o:wxoeos~~nroio-re.;o iwm e.KV+~ontmc Allan Witt Park Revitalization Project EIIt for the City of Fairfield. LSA is preparing an EIR on . a proposed project comprised of three inter- dependent components on three separate sites: 1) the revitalization of Allan Witt Community Park , with the development of housing, retail and new park facilities; 2) the concurrent development of relocated ball fields and :the. Fairfield Community -Multi-Sports Complex; and 3) the relocation and development of a maintenance and corporation yard for Caltrans. The City's objectives in pursuing this project include improving and providing more neighborhood park facilities, LBA AB8001AT8B, INO. PROPO8A1 POR BHRY108D PBHROARY 300P ~ 68VIN NORAN PARR PROJ80T YNITIAL HTODT OI TT OP'.BARATOOA ~F. .. offering a .sustainable growth approach to provide needed housing and commercial space to revitalize the West Texas, Street corridor and the gateway to Downtown Fairfield, and providing superior sport facilities to meet the recreational needs of Fairfield residents. The"E1R examines a full range of CEQA topics for each project component. San Jose Parks Environmental Consulting Services for the City of San Jose Parks, Recreation. LSA is providing on-call services to ,~ the City of San Jose for the environmental w analysis of various parks/recreation projects. The scope of work under the master agreement - " includes providing project management, impact J assessment, environmental planning and clearances, coordination with regulatory agencies, presentation of CEQA findings at public hearings, mitigation plan documents, and :technical support and monitoring during _~ _.~ .~ .~ ::;~ ...J 1 ,..i construction. To date, LSA has prepared a feasibility analysis for the expansion of a dog park; a feasibility analysis to determine the suitability of property as a riparian habitat mitigation site; and is preparing a joint EA/LS for Watson Park. -Prior to initiating the EA/IS for Watson Park, LSA completed an assessment.of.the Coyote Creek riparian corridor at the park site. The purpose of the assessment was to provide City staff with information on the existing habitat value and biological resources of the corridor for use during preparation of the Watson Park Master Plan. The report included:.(1) a summary of existing conditions at the comdor; (2) a discussion of special-status species that could potentially occur within the comdor; (3) an assessment of potential impacts to riparian resources from the project; and (4) recommendations for minimizing such impacts, including appropriate comdor setbacks. 'Richmond Greenway Environmental Documentation for the City of Richmond, as a subconsultant to F.E. Jordan Associates, Inc.. The Richmond Greenway is a proposal to create a bike/pedestrian route through the City of Richmond that would provide a link between the Bay Trail and the Ohlone Greenway Trail. The 3,mile route would extend along awest/east linear alignment from Garrard Boulevard to Key Boulevard and would consist of on-street signage and the development of an ofl'=road paved path along the abandoned Atchison-Topeka and Santa Fe Raikoad right-of--way.. At certain points, the preferred alignment crosses creeks and waterways and travels along surface streets. Approvals or permitswill be' required from FHWA, Calk-ans, Metropolitan Transportation Commission, U.S. Army :Corps of Engineers, .California"Department of Fish and Game, and the Regional Water Quality Control $oard. LSA prepared technical studies related to biology and cultural resources, as well as CEQA documentation. o:wROPOSN.e~oioxe;n n+«w P.nwoPsd.e~ vB~mo~ .~ ~ ' L8A A9800IATE8, INC. PEBRVARY 3007 A ink ''a ,--s t s ,...•, ..' ~tj • - PROPOSAL POR BHRYIOKH KHV1N YOQAN PARR PR OJHOT INITIAL HTODT O[TY OP BARATOOA Baseball Stadium in the Drridon/Arena Area EIR £or the City of San Jose Redevelopment . .Agency. The City of San Jose is proposing the construction of a downtown baseball :stadium as the fast step towards drawing-Major League $aseball'to San Jose. The 45,000-seat stadium and associated parking garage is proposed on a 23-acre site in :the Diridon/Arena area along the western edge.of Downtown San Jose. Development of the stadium may require the relocation of a PG&E substation. The City's objectives include a site of sufficient size to accommodate the stadium and associated parking, proximity to public transit as well as existing parking facilities, views of the downtown skyline and Santa Cru~/Diablo mountain ranges, and a context for occasional civic events. LSA was contracted to prepare an 1IIt to evaluate the environmental impacts of the proposed project. Environmental impacts are primarily related to the intensity of proposed project, during construction and operation, and its proximity to residential uses to the east, the I3P Pavilion to the north, and the San Jose Internarional Airport farther to the north. Significant impacts include traffic, air quality and noise from project construction, noise from project operation (baseball games, concerts and fireworks), hazardous materials from previous industrial uses on the site, impacts to historic structures on and adjacent to the site; and light and glare. Alternatives evaluated in the Draft EIR include development under the existing plans (developed as transit oriented mixed use), a submerged stadium design, and four alternative locations. The highly collaborative effort between the San Jose Planning Department, San Jose Redevelopment Agency and LSA allowed for the publication of the Draft EIR on'this complex project within less than five months. River Park.Environmental Assessment and CEQA Document for the Greater Vallejo Recreation District (GVRD). The River -Park site is a 75-acre parcel on the east'bank of the Napa River in the City of Vallejo. The site, which historically consisted of tidal marsh and mudflats, was diked by the Navy in the 1940s and has wince been;used for dredge spoils disposal. The GVRD has proposed to restore the tidal wetlands and develop the upland areas of the park. To continue the program, GVRD asked LSA to conduct environmental studies and prepare the appropriate CEQA document. LSA managed the project, conducted the biologica] studies, and prepared the CEQA documentation. Philip Williams & Associates and Subsurface Consultants subcontracted to LSA for hydrologic modeling and soil sampling and analysis, respectively. O:VHOPOSAUDODIO-I(erin Nunn PerBP~oposaldoc ]/3•!00'0 _~ .:~ .. }:. rc~ LBA ABBOCIATB B, INO. PE$8UA8T 1007 . P80TO BAL PO8 BYeTIOBB 8'E VIN YOIIAN PAIIC Pi OJfl OT IftIT1AL BTVDY OI T7 OP BAeATOOA REFERENCES We encourage you to contact our references regarding the quality of our current and recent work, management of budget and schedule, and attentiveness to project needs. " San Jose Parks Environmental Contract- various assignments Marybeth Carter, Associate landscape Architect City of San Jose Parks, Recreation and Neighborhood Services 408-535-.3570 Richmond Greenway .Environmental Documentation Melanie Mintz, Environmental Analyst City of El. Cerrito Department.of Public Works 510-215-4339 Allan Witt Park Revitalization Projeet E)R Erin 13eavers, Principal Planner City of Fairfield 707-428-7649 Baseball Stadium in the Diridon/Arena Area EIR • Akoni Danielson, Principal Planner City of San Jose 408-535-3555 .Saratoga de Anza Trail CEQA/NEPA Carmen Borg Shute, Mihaly & Weinberger 415-552-7272. " r owBOrosnLmtB~ars.e ~ eatwoPmd.ax venou'rl y IV. SCOPE OF WORK The osed ro~ect is sub~ect to CE A because it r wires discretion a royal from the Ci and prop P J J Q e9 az3' PP ~' may have,a significant.effect on the environment. An Initial Study (IS) will. be prepared as a preliminary environmental review document to determine whether the project would be eligible for a Negative Declazation (NU) or Mitigated Negative Declaration (MND}, or whether the pro}ect would -need .to be analyzed in an Environmental Impact Report. (EIIt). ;'~ Table l contains an outline of LSA's proposed scope of work for the IS, which is discussed below. ;_~ TASK A. PROJECT INITIATION Project initiation will include several -tasks, including a preliminary meeting and site visit, __ preparation of a base trap, compiling and distribut- ing relevant documents, data gathering, and con- tatting responsible agencies and City departtnents. j The project description for the environmental doc- ttrnentwill also be prepared as part of project ;l 1 initiation subtasks. _..3 1. Start-Up Meeting/Site Visit ~} LSA will meet with City staff to discuss the z,: environmental review strategy, timeline, and research tasks. At this time, we will also organize ` ~ and distnbute project plans and any existing back- ground reports/policy documents to ow technical ,. staff. We will also visit the project site to document fie O 'f'able l: TASK A. PROJECT INITIATION 1. :Start-Up Mcetinp/Site Visit 2. Base Map Preparation 3. Data Gathering end Evaluation 4. Prepare Project Description TASK B. CONDUCT ENVIRONMENTAL ANALYSIS 1. Land Use and Planning Policy 2. nesttletics 3. Air Quality 4. Biological Resounxs 5. Cultural Resources 6. Geology:and Soils 7. Hazards and Hazardous Materials 8. Hydrology and Water Quality 9, 'Noise 10. Public Services, Utilities and Recreation 't 1. Transportation and Circulation TASK E. MEETINGS AND PUBLIC HEARINGS ti extsting condtttons and stte atttres. w transportation and noise analysts will visit the site at various times to document noise and traffic conditions during different periods of park use. -~ 2. Base Map Preparation A base map of the project site and vicinity will be prepared by LSA. The project site :base map will be used to illustrate street and lot layouts in the project site vicinity, and the project site's relationship to :surrounding land uses and General Plan and Zoning designations. 3. .Data Gathering and Evaluation Existing data and analyses applicable to the project site and vicinity (including those used for our work on the Saratoga De Anza Trail) will be collected and evaluated. In addition, ZSA will contact ownorosnrmoiaa~ n+a.. rww~.a« 10 i~• - LIIA AB900}A7RB, fNC. PROPOSAL POR 8l RYICHII PCBRU ARY 1007 C:BY)N YORAN PAAIC PR OJHCT IN[TI ALBTV DY OITY O} BARATO6A responsible agencies and City departments that may have information about the project site.or insight into potential environmental impacts of the project. 4. 1Prepare Project Description LSA will prepare the project description based on materials provided by the City. The project description will include a discussion of the key characteristics of the project site and its vicinity, project.objectives, details of the proposed project (including changes in use of the park by organized r, 5rT recreational ,groups), the community involvement process, and anticipated.development schedule. TASK B. CONDUCT ENVIItONMENTAL ANALYSIS "t LSA will conduct an analysis of the project's impacts in the following topical areas: land use and planning policy; aesthetics; agriculture resources; air quality; biological resources; cultural resources; -~ geology and soils; hazards and hazardous materials; hydrology and water quality; mineral resources; noise; population and housing; public services, utilities, and recreation; and transportation and circulation. Mitigation measures to reduce significant effects to aless-than-significant level will be ~ recommended, as appropriate. ~:~ This analysis would be used to prepare an Initial Study (IS). Agriculture, mineral resources, and •- population and housing are expected to require minimal environmental documentation (because the ~ proposed project is not expected to result in impacts in these areas). Our proposed analysis of the J other topics listed above is described below. .1 1. Land Use and Planning Policy + New structures and facilities would be built on existing park grounds and would not have an effect on _ ~~ urban development patterns in the vicinity of the site. The Land Use and Planning Policy analysis will focus on the-project's relationship to surrounding land uses and relevant planning :policy. LSA will discuss the compatibility.of the project with surrounding residential uses, and the consistency of the . .~ project with local planning policies and regulations. 2. Aesthetics A .~ Kevin Moran Pazk is characterized by recreational facilities, including informal turf areas, and an old ..~ orchard. Visual changes to the site that would result from implementation of the proposed project :include the removal of trees, the installation of new landscaping and fencing, and the.construction of new park facilities. LSA will evaluate changes to the visual character of the project site and changes to views of surrounding areas. The type and scale of proposed park development is not anticipated to result in significant impacts to aesthetic resources. ~~ 3. Air Quality Air quality issues at the project site include: the exposure of additional park users to vehicle emissions along SR 135; exposure of construction workers and the park public to:airborne soil particles that may have been contaminated with agricultural chemical residues; and emissions associated with increased park visitation. Based on background research, and the historic land use review/soil } investigation conducted by Baseline, LSA will evaluate construction and operational period air OMBOPOSAL`0]OIOKevm Mwto PukVmpmtl.doc LYEOO'l) L8A A880 CIATEB. INC. - PROP ORAL POR DERV/C88 PEBRVARY 9009 - REYfN NO0.AN PARE PR OJBCT INi T[AL-BTVDY OITY OP eARATOOA uali im acts of the ro ect includin tential -human health effects resultin from disturbance of q tY ~ P P j g Po 8 contaminated soil matter. The analysis will include a discussion of health risks associated with exposure to freeway pollutants, and the potential for localized concentrations of vehicle emissions during periods of high park use. 4. Biological Resources No above-ground creeks run through the project site and the site is expected to be used mainly by . wildlife that is adapted to urbanized conditions. Therefore, the projects not expected to have a significant effect on biological resources. However, implementation of the proposed project would result in the removal of over 50 trees, some of which could be used by protected bird species. In ,~, addition, the disturbed portions,of the site currently planted with fruit trees have the.potential to ^~ contain ground squirrel burrows, which are sometimes used by burrowing owl. As par[ of our scope ''' of work, a biologist would conduct a brief reconnaissance of existing conditions at the site to ensure ,„, that the;project would not affect sensitive species, including burrowing owl. We believe that his site ;{ - 'visit is necessary as part of the "due diligence" analysis of environmental issues during the Initial y ~i Study process. ~ i 5. Cultural Resources _._4 The project site does not contain above-ground historic structures. However, like most projects in urbanized portions of the Bay Area, ground disturbance during the project construction period has the potential to uncover previously unidentified archaeological resources associated with historic and prehistoric uses on the project site. LSA will craft mitigation measures to reduce these impacts to a -~ less-than-significant level. The cultural resources:analysis will be supplemented by the historic resources and archaeological resources studies conducted as part of our work on the Saratoga De --' Anza Trail environmental documentation. These previous studies involved communication with Native American tribes and organizations interested in historical issues, review of historical United States Geological Survey (USES) maps, and a records search of identified cultural resources within 1 . `'' mile of the proposed trail, including Kevin Moran Park. 6. Geology and Soils _, The project site is located in aseismically-active portion of Northern California. A significant earthquake on one ofthe-regional faults in the projecYarea, including the San Andreas fault, will likely produce significant groundshaking during the life of the project. I{ey geotechncal - considerations associated with the project include potential coil expansion (loam-clay soils in the vicinity of the site are moderately susceptible to expansion), and hazards associated with groundshaking. LSA will characterize geologic concerns on the project site and will recommend measures to reduce impacts associated with ground shaking, .ground failure, and underlying soil conditions. ~~ 7. Hazards and Hazardous Materials Approximately 4 acres of the existing park are covered with fruit trees. Historic agricultural uses typically raise a concern of on-site soil contamination due to the.use of pesticides and herbicides with harmful levels of certain chemicals. Often, agricultural soils -especially ones that have been used to grow fruit trees -contain elevated levels of organo-chlorine pesticides, and arsenic, lead, and.other heavy metals. Ground disturbance on the project site -during the park construction and operation o:w9oeosu:ei91alc~.io Norm Paiw~:ao~ veaao7, 12 4'.'. C? ~ ~~. ^Y' :~• r •.~ ., ... 1 ,: w _~~ { F LeA AB8O0I A768. INC. PR OP ORAL POR 88RYIOeD PEER VARY'4007 ~ EBYTN NORAN :PARE PROJ8OT IN17JAL 4TVDY DI'CY OP DARATOOA periods -could .expose workers, maintenance personnel,. park users, and residents surrounding the park to contaminated soil. Therefore, LSA believes that a review of historic :land uses and limited soil investigation is necessary to adequately characterize hazardous materials concerns on the project site. The Historic Land Use.Hazardous Materials'Review and Limited Phase II Soil Investigation would be conducted by Baseline and would include: • Review of historical maps, aerial photos, and government databases for hazardous materials concerns; Interviews with persons knowledgeable of environmental conditions on the site; Site reconnaissance; Soil samples at eight locations in the project site; Analysis of soils for pesticides, herbicides, and heavy metals, in accordance with .California _~ Department of Toxic Substances Control (DTSC) protocol for soil investigations on former agricultural sites; and :Comparison of contamination concentrations to Regional Water Quality Control Board (RWQCB) thresholds, as appropriate. A detailed scope of work for the land use review and soil investigation is included as AppendJx B to this proposal. The conclusions of this analysis would be incorporated into the hazards and hazardous materials section of the IS. 8, Hydrology and Water Quality Implementation of the proposed project could change drainage patterns on the site..In addition, the ' project could increase use of fertilizers and pesticides on the site (resulting in increased volumes of polluted storm water runol~,.although adverse effects would.be minimized through adherence to the City's Integrated Pest Management Plan. LSA will evaluate changes to water quality and volume that would-result from implementation of the project (including the construction period). In addition, we will discuss the consistency of the project with applicable storm water regulations, including Provision C3 of Santa Clara County's National Pollutant Discharge Elimination System (NPDES) permit. LSA" will also discuss the effects of the project on groundwater recharge, erosion, and the quality of local water bodies,•~ncluding Saratoga Creek and San Francisco Bay. The analysis will take into account storm water management features proposed as part of the project, including swales; and other pervious areas. 9. Noise LSA will evaluate the potential short-term construction and long-term operational noise impacts associated with the expanded-park The noise analysis will include the following components: 1) a description of existing noise conditions in and around the project site; 2) an assessment of the noise .generated during construction of the project (including exposure of neighboring residential :properties to high levels of noise);'3) quantitative assessment of noise impacts related to vehicular trips resulting from project construction.activities.and the proposed project; 4) an assessment of the potential for increased ambient noise on the site associated with additional park usage; and 5) effects associated with exposure of park users to noise from SR 85. Mitigation measures will be identified, as appropriate. o:wnoros~inwiaK.,;o nw~ r.,twow~ m~ veaoo7~ 13 LBA ABB OCIATEII..IN O. ~ -PA OPOBAL'PA! BBAVIOBB P BbAVAAY SBOf REV{N YOAAN PAA6 PAOJE CT INITIAL BTV DT r'? - OITY OP.BAAATO OA 10. Public Services, Utilities and Recreation Development of new park facilities would requve the extension of energy, water, and sanitary sewer lines currently located in the Scully Avenue right-of-way. LSA will .evaluate the effects of these infrastructure changes and.increases in demand for electricity, water, and wastewater treatment that could result from project implementation. We will also contact the Saratoga Police and Fire Departments to detemvne whether the project would increase emergency response times or increase demand for emergency services. In addition, LSA will evaluate whether the project would change ~~, ' usage at other recreational facilities, particularly Azule Park (east of the projectsite). "`3 11. Transportation and Circulation - # The transportation and circulation analysis will evaluate the impact of additional trips generated by the proposed project, hazards associated with site access, .and parking capacity. The analysis will .~ "~ evaluate.existing conditions and existing-plus-project conditions forpeak periods of park usage: LSA '.:~ will also evaluate whether the proposed on-site circulation system, including enhanced disabled access, is adequate. A parking analysis will also be conducted to determine if the proposed on-street '~ , parking supply would be adequate to accommodate additional park users. ~. TASK C. PREPARE IlvI1'IAL STUDY -~ Based on the environmental analysis conducted as part of Task B, LSA will prepare an IS for.review by the City. Following preparation of the IS, LSA will prepare a memorandum. outlining a recommended approach for completion.of environmental review (i.e., either an h1D/MND or EIIt). 1. Administrative Draft IS _~ LSA will prepare an Administative Draft IS with the following components. Figures will be wv provided to illustrate the project site and the proposed project. "~ Project Description { -~ CEQA Environmental Checklist Form Mandatory'Findings of Significance .. Contacts and Bibliography Technical Appendices Five (5) copies of the Administrative Draft IS will be submitted to the City for review and comment. At the end of the review period, LSA will meet to discuss comments on the Administrative Draft, if ~'' .desired by the City. We could also discuss comments over the phone or by a-mail. 2. Screencheck Draft IS LSA will amend the Administrative Draft IS based on a single set of consolidated non-contradictory comments provided by the City. Two (2) copies of the Screericheck Draft IS will be provided to the City to verify that all requested changes have been made and all appendix materials, references, and final graphics are acceptable. o:~raoeosum~o~o-c~ Yorm P,rtwo,o~.~ro~ versoon f. L8A ABBOOIATCH,. INO. ~ PAOP08AL POA 68AY108l- PBHRUAR7 4009 K8V[N YOAAN PARR P80J80T INITIAL BTVDT Of TT OP BAAATOOA . . 3. final Draft IS . d D ocumentation for an N or LSA will produce copies of the Pinal• Draft IS for use by the City (as IvIND, or as,a basis for EIIZ preparation). Our budget assumes publication often (10) copies of the Final Draft IS (but additional copies could be produced on atime-and-materials basis). LSA can also provide PDF versions of the IS and acopy-ready version of the document, if desired by the City. 4. Environmental Review Memorandum• LSA will submit an environmental review memorandum with copies of the Final I?raft IS, The memo will summarize the key environmental findings of the IS and outline a recommended approach for completion of environmental review for the park project. This scope and budget do not include „_ 'preparation and.circulation of an ND, MND, or EIR. LSA would prepare a separate scope and budget to complete the environmental review process. ", ~~~.yyY .~iJ TASK D. PROJECT MANAGEMENT David Clore and Adam Weinstein will undertake a variety of general project management tasks w,1 throughout the process of preparing the IS, and coordinating with the City and various regulatory agencies/organizations. David will provide input on and monitor the scope, budget, and scheduling of '.1 the project. He will also ultimately be responsible for quality'assurance for al] work undertaken and j will review all text, tables, and graphics~before these materials are presented as administrative review documents. David will atso be available for.consultation on environmental review procedural matters •'-, and strategy. Adam will coordinate the day-today activities associated with the project. Project management tasks .. include regular client contact; contract management; assistance to team members; schedule ~ coordination; and development of products. David and/or Adam will attend client meetings, as appropriate .(see Task E). .,,~ ~--= TASK E. MEETINGS AND PUBLIC HEARINGS David and Adam'will be available throughout the environmental documentation preparation period to ' 3 meet with the City and other involved agencies to gather information, review progress, review prelim- ` inary findings, and discuss comments and :concerns about the project. The cost estimate includes attendance by David and/or Adam at the following meetings, in addition to several conference calls and the site visitlstart-up meeting. Two (2) meetings with the City and other agencies . =~ :.. One (1) public hearing ' ~ O'.PROPOSAL`U1Ula8evio bbm Park~RvpaW.da La700'!1 ~fi `~ ii ~~ ~.~ '~~ ;..~ s°s i .a ~: V. SCHEDULE . The preliminary work schedule for preparation and completion of the Kevin:Moran Park Project IS is :shown in Table 2 below. LSA will update this detailed schedule with specific milestone dates once we receive a notice to proceed. LSA would provide:an Administrative Draft IS (including the soil investigation) to the City within 5 weeks of authorization to proceed. The Final Draft IS would be available in approximately 3 months. As always, we are :open to .discussing ways to shorten this schedule, if desired. ilestoue Respoustble Party Weeks to Complete Cumulative Weeks ' Authorization to Proceed C[ty "- Prepare Administrative Draft IS/Conduct Technical Studies LSA 5 5 Review of Administrative Draft IS City 2 ~ Prepare Screencheck prdft IS LSA 2 9 Review Screencheck'Draft IS City ~ 2. 11 Prepare and Reproduce Final Draft 1S LSA I 12 _.! O:~PROPOSAL~O'WIOXevin Mmu PekVivpos,i.tlx 16 .. VI. BdJDGET m ha LSA t tli d b th h d l i h th ' s ove, ea e ou ne a e e u t e,sc in For completion of the proposed work program w provided a cost proposal in the form of a spreadsheet that details tasks by :assigned personnel. A detailed breakdown of the cost proposal is provided in Table 3. ~ The estimated total cost for team labor and direct expenses is $63,387, including the historic land use review and soil investigation conducted by Baseline. :.~ ~~ 4~ yaj~ ~Y +~ , ' J'~ .Y ~3 i j . . ' i7 O:WKOPOSAL'0]010.K.vi. Man'.PetMgonLOrc a9 i i Table 3 -Kevin Moran-Park Project Initial Study . 1 4 - 6 51,110 ~ ~ f0 - -31,11 (1 Und OU)nd'Plemua PaB 6 - 3300 - 3D j2 AeslTeda 6 - y40~ 7 -' p Air Audi ~ 3700 - 14 f1,030 'f17 4 Blob 'cel Resounxs ~ 6 SeM i0 5 Culnnal Resouca 4 FW (6 Ged ed Soils 1 10 ftjae SI .(1 wn~m.nd xnaraws Mswids - - s0 (8 drol and Wnar Audi B 3 4 sea Sf4Y 2 8 10 f3,T40 9 Tbise d 6 ' K01 - ~ on 10 Public Servi«s, UOlida, andRmg OM fI 2 - 6 f;7M t17 11 Tn nsdoc and (?radndon 1. B 10 , 38 630 ~ - 4 19 40 14 3b.060 315 1 Subsoml sx TaslB 0 70 0 . I) Adminisbs6ve DM IS ~ ~B 16 10 4 _ ~ ~ ~ - (1) Snerneherk DnR15 4 10 2 1 31,103 - .ID 3( (7 'Find Dnfl if 1 1 8 ~ 4 7 3 31,343 3600 ~ 4 Envi~onmenul ReieW Manonssdum 0 0 _ 0 f0 f• c..emml fa TmAC 14 70 I7 9 38}40 0 TOTAL LABOR FOR ENVIR DOCUMENTATION 33 177 IS 31 511,468 . 4 . - 19 40 _ ZO S7v110 338 TOTAL LABOR ALL TAS ~ 43 -175 IS 71 319,860 ~ .4 - .19 20 31x10 A7;1 ~ >, k E '+y g g d, ~- ~ B^ s-- B 3 ~. 5 Hn,~mlem°: noB sloo s1s fes ~~ BIeB silo ns s1s ~ i~ !` J'. ~J -~ ~ LSA . ~ _~ SAN I~ANCIBCO BATAnan LSA Associates, Inc. (LSA) is a full service planning-and environmental consulting firm. The firm is distinguished by the comprehensive nature of the services it provides and its commitment to providing responsive and expert support to its clients in the following disciplines: , • EnvronmentaLAnalysis including CEQA and NEPA compliance • Natural Sciences/Biological Resource Assessment Archaeologica]/Paleontological Resource Assessments • Community Planning including land use and policy planning ~' Noise and Air Quality Assessments ' . Transportation Planning and Engineering "~ Geographic Information Systems (GIS) mapping and data analysis f LSA is.an employee owned firm that has offered its clients professional excellence, reliability and .continuity since 1976. Currently the firm has a staff.of 250, with nine offices located in California and 3 one in Colorado. We are committed to creativity, innovation and technical proficiency in the assignments we undertake. We seek.opportunides to practice our professional disciplines with '~ challenging assignments and objective analysis. David Clore, AICP, is the Managing Principal ofthe Berkeley office. Mr. Clore oversees large-scale environmental review and planning projects and directs marketing efforts in the areas of environment and land use. Sharing the leadership role with Mr. Clore is Lynette Dias, AICP, Principal. The ri-ajority of Ms. Dias' work involves planning and/or environmental review of urban infili and reuse ;, development projects located throughout the greater Bay Area. The professional staff in the Berkeley ~ office have backgrounds in community planning, resource management, environmental planning, and ;r -CEQA. Malcolm .Sproul is the Managing Principal of the Point Richmond office and serves.as Principal-in- Charge and Project Manager on natural resource projects, including wetlands delineating:and permitting. LSA offers unusual depth of experience in :biological and wetlands consulting, plus broad technical expertise in wetland science, wildlife biology; botany, entomology, soil science, and native plant hotticutture. LSA's Point Richmond staff specialize in permitting for projects with impacts on wetlands and endangered species. The LSA Cultural Resources Clroup, .also located in Point Richmond, provides archaeological, historical, and paleontological consulting services to fillfill . F'~ California Environmental Quality Act, National Historic Preservation Act, and National Environmental Policy Act, and local cultural resource requirements. LSA's Colma office, acquired in 2004, is led by Malcolm Carpenter, AICP. Tn addition to providing planning services for public agencies, this office also conducts planning studies for private property . owners and specializes in land use and site planning for quarries and mining operations. '~~ ~~ L9A ASSOCIAT,L S. INC.. DAVID L. CLO LL PL)N OIPAL ' PAOB 1 ' n DAVID R. CLORE, ATCP PRINCIPAL EXPERTISE CEQA Project Management and Strategic Planning :Environmental Impact Analysis Land .Use Planning EDUCATION ~.~' Harvard University, Kennedy School of Government, Master of City and Regional Planning, 1982 University of California, Berkeley, B.A., Political Science, 1980 _. ~ • PRINCIPAL PROFESSIONAL RESPONSIBILITIES .--~ ~~ David R, Clore, AICP, is a planner with 25 years experience in land use, socioeconomic and environ- mental analysis. Mr. Clore oversees large-scale environmental review and planning projects and . directs marketing efforts in the areas of environment and land use. In addition, Mr. Clore co-designed _ l a course on "EIR Project Management," which he taught for 10 years through the University of -j California, Davis, University Extension. Projects on which Mr. Clore is currently serving as Principal-in=Charge include: a Downtown Major League Baseball Stadium EIR for the City of San Jose °~ Berkeley Squthside Plan EIR for the City of Berkeley J Fairfield Wal-Mart Supercenter EIR for the City.of Fai>field Sonoma County Airport Master Plan Environmental Baseline Data for Mead & Hunt .y ~ . _:,; Somersville Bridge Replacement Environmental Studies for.T.Y. Lin and the City of Antioch Buchanan Field Airport Master Plan Environmental Studies for Barnard Dunkelberg & Co. '-' Recent,projects on which Mc Clore served as Principahin-Charge include: - .Santa Rosa Gateways Redevelopment Area EIR for the City of Santa Rosa .San Jose MgrketCenter Retail Project EIR for Cousins Properties and the City of San Jose ~ Uptown Mixed-Use Project, Oakland for Forest City Enterprises ! University Village and Albany=Properties EIR, for the University of California, Berkeley • Brandenburg Residential Project EIR for the San Jose Redevelopment Agency Strong Neighborhoods Initiative EIR for the San Jose Redevelopment Agency Livermore Genera! Plan and Downtown Specific Plan EIR for the City of Livermore Berkeley General Plan EIR for the City of Berkeley ~~Y`; LBA A880 CIATCB. INC. .DAVID R. OLOl6 ' PRINOIPAL ' - - PAOC 1 • California Maritime Academy Master Plan EIR for the California State University One Quarry Road.Residential EIR for the City of Brisbane Sonoma County Airport Master Plan Environmental Assessment for the County of Sonoma Fleet Industrial Supply Center. EIR for the City of Alameda • PixgrAninidtion Studios Headquarters CEQA for the City of Emeryville Civic Center Urban Design Plan and Public Safety Building EIR forthe City of Berkeley ,~ • Cesar Chavez Ojf--leash Dog Park GPA and EA for the City of Berkeley .. High Speed Rail Land Use Analysis for the State of California • ,Palo Alto Comprehensive Plan Update EIR for the City of Palo Alto PROFESSIONAI. AFFILIATIONS American Planning Association (APA) and American Institute of Certified Planners (AICP) .Association of Environmental Professionals (AEP) jMember Statewide Awards Jury, 1985 and 1986) (San Francisco Bay Area ChapterPresident, 1994) San Francisco Planning and Urban Research Association (SPUR) Urban Land Institute (IJLn PRESENTATIONS AND TEACHING Facilitator, Urban Land Institute, 2006 Urban Plan Program (an educational enrichment course for high school students). Redwood High School, Larkspur, California. Speaker, 2004 California Preservation Foundation, Annual Conference: I~11 Design in Historic Districts -The Berkeley Central Library Renovation and Expansion..Sacramento, California. Guest Lecturer, University of California, Berkeley, Urban Design Studio, 2003. Berkeley, California. ...t Juror, Urban Land Institute, 2003 Urban Plan Program. Redwood High School, Larkspur, California Moderator and Panelist, 2002, 2003.& 2005 AEP Fall CEQA Basics .Workshop. Oakland; California. Lecturer, University of California, Davis, University Extension, EIR Project Management, 1990-2000. Davis, California. Moderator, 1997 APA State Conference Panel, Legal Issues Related to Information Technology, the :`; Internet and Public Participation. Monterey, California. Moderator, 1997 AEP Annual Conference Panel, Local Land Use Decision Making: Root of Marry Environmental Problems? San Francisco, California. ~. Moderator, 1993 AEP Annual Conference Panel, Mitigation Monitoring: A Case Study of Gateway Volley in Orinda. Yosemite National Park, California ' Lecturer, University of California, Los Angeles, University Extension, ManagingElRsand EISs, 1993. Los Angeles, California Speaker, 1988 AEP Annual Conference Panel, Early. Experiences with Mitigation Monitoring. San Francisco, California. Panel Member, Fiscal and Socioeconomic Impact Analysis, ABAG/APA Workshops, 1984-1988. Oakland, California. 3 ISA AS40mAIY6,MG ADAM MONf1WN ' 6R710II HJOIN[R PAOL 1 ~ tlC9 ADAM WEIIVSTEIN SENIOR PLANNER EXPERTISE Environmental Plannir-g Pubtic Participation ` CEQA Document 'Preparation ,' EDUCATION M.C:P., University of California, Berkeley, 2006 B.S., Landscape Architecture, English, University of Wisconsin, Madison, 2000 ^~ PROFESSIONAL EXPERIENCE , Senior Planner, LSA Associates, Inc., Berkeley, California, 2001-present. _fi Research Assistant, Department of Environmental Sciences, Policy and Management, University of j Califomia, Berkeley, 2001. .j Field Technician/Restoration Ecologist, Central Coast Wilds, Santa Cruz, Califomia, 2000. Research Assistant, Entomology Department, University of Wisconsin, 1999. City/County Editor, Environmental Reporter, News Reporter, Badger fferald, Madison, Wisconsin, r~ 1996-1998. PRINCIPAL PROFESSIONAL RESPONSIBILITIES Mr. Weinstein's primary responsibilities include managing a number of diverse projects including ' Environmental Impact Reports :(EIRs), Initial Studies, and Negative Declarations. Mr. Weinstein is 'currently managing the following projects: Fox Courts Environmental Assessment for Resources for Community.Development/City of Oakland; 1300 EI Camino Real Mixed Use Project EIR for the City of Menlo Park; Tassafaronga Village Revitalization Project CEQA/NEPA for the City. of Oakland, as a subconsultant to Fugro;:and Mayfair Block Mixed Use Project Initial Study/Mitigated Negative k Declaration, a proposed transit-oriented development project for The Olson Company. Other recent projects include: 1 Northwest Stockton Sphere of Influence Initial Study for A.G. Spanos, Richmond Greenway Environmental Documentation for the City of Richmond, ~:.~ p~.4 F.-~~_..a. -.1T"dfY.~iA.~niv111^.iX+:....s_ti.~'~:A4'~an. ~a....s'.......__~Aar SJ-~~~ 'lvi~'~^.YviW.'~ IEAASSOGA7E8. INC. ADAY OON611AM YNIOR flI1NNd PAdE3 Lake Madigan Seismic Improvements Project Initial Study/Mitigated Negative Declaration for the City of Vallejo, ' Pixar Headquarters Expansion Project Initial Study/Mitigated Negative Declaration for the City of Emeryville, • Carnousiie Residentiat Development EIR for the City of Half Moon Bay, and Livermore General Plan and EIR for the City of Livermore. He recently completed the .Uptown Residential Project EIR for Forest City Residential West, Oakland, the Harbor Walk Mixed Use Project Initial Study/Mitigated Negative Declaration for the City of Benicia, the South Broadway Realignment Initial Study/Mitigated Negative Declaration for the City of American Canyon, as a subconsultant to Worldwide Engineering, Inc., and a Community Impact Analysis for the Weaverville West Connector, :which analyzes the socioeconomic effects of a State highway bypass on a small community in Trinity County. Other projects that he has contributed to include:. California Maritime Academy Master Plan EIR for California State University, .. West Branch Library Expansion CEQA Documentation for the Berkeley Public Library, • Berkeley.Montessori School Initial Study/Mitigated Negative Declaration for the City of Berkeley, Elementary School No. 6 EIR, for the Solana Beach School District {San Diego .County), Alameda Point General Plan Amendment EIR for the City of Alameda, and the Northern Waterfront Specific Plan and EIR for the City of Alameda. Mr. Weinstein also completed a'land use cost/benefits analysis for the Sonoma County Airport runway . extension project. Using air photos, County land use maps, local newspaper articles, and the results of field surveys, Mr. Weinstein compiled a report on,the land use implications of3hree runway alternatives. The runway alternatives had the :potential to impact numerous environmental resources, including wetlands, riparian areas, and vineyards. He later presented the findings of the report to an airport advisory group composed of Sonoma County Supervisors, airport users, and local residents. The analysis was used by the County to select a preferred runway alternative that would minimize environmental impacts to airport environs. Mr. Weinstein developed his~writing skills as a reporter and editorfor tfie Badger Herald, the largest independent student newspaper in the nation. In addition to coordinating the city and county news reporting, he expanded coverage of the paper to include daily articles on land planning, transportation and other environmental issues. PROFESSIONAL AFFILIATIONS American Planning Association Association of Environmental Professionals 'San Francisco Bicycle Coalition `X;.. ~ngsotam•u.iwa wne. mclrm BPNIOP RANH~ PAOC 1 f AMY E. FISCHER SENIOR PLANNER. EXPERTISE CEQA/NEPA Air Quality Analysis Noise Analysis Transportation Planning ,, :;~ EDUCATION :~ $.S., Environmental Policy Analysis, minor in Geography, University of Nevada, Reno, 199.8 .. PROFESSIONAL EXPERIENCE ~ Senior Planner, LSA Associates, Inc., July 2005 -current Transportation Planner, VRPA Technologies, 2002-2005 Planning Coordinator, Council of Fresno County Governments, 2000-2002 Air Quality Planner, San Joaquin Valley Air Pollution Control District, T999-2000 -~ PRINCIPAL PROFESSIONAL RESPONSIBII.TTIES • Amy Fischer has more than six years of experience in the environmental field and has participated in planning and environmental review for many diverse projects in California. She serves.as s Project Manager and principal air quality and noise analyst for Environmental Impact Reports, Initial Studies, :and other environmental documents. She recently prepared the.CEQA -noise impact analysis .and air quality analysis for the following projects: i Drafl Southside Plan EIR forthe City of Berkeley `/. J Clarke & Weeks Townhomes Project for the City of East Palo Alto 11 .Marketplace Expansion EIR for the City of Emeryville ' • Baseball Stadium in the Diridon/Arena Area EIR for the City of San Jose • • Allan Witt Park Revitalization Project EIR for the City of Fai~eld Sanderson Ford Project EIR for the Town of W indsor • Lincoln and Mission Residential Condominiums Project EIR for the City of San Rafael • Fairfield Wal-Marl Supercenter EIR for the City of Fairfield • Westside and Southwest Gateway Annexations and Development Projects EIR for the City of Lodi '._:. ,_ ::. .... ,.. ..,':..' -._ __... ~_::. :... ,...:..~:. .~-~ .-:.:....., ..::..v..~r::b+w..ur.us.:_~».uer~C.:...wi;.<lvi~'Fd.[OYa'Ldifn:'.:.sn.~ji'AbtAF~j4~i@'4' "'S5h.3ta.Y4S2c@'fF. ..£N"~""~zm^a.~i»;.. • .2'EYCG7ts 4Y • a. AB50CIRILE, MG AYTL R8m6R . fiFt110R PIIWMmt . PAOL! N • Gateways Redevelopment Area EIR forthe City of Santa Rosa • Vanden High School Renovation Initial Study for the Travis Unified School District Altarinda Village Project EIR for the; City of Orinda .Projects that Ms. Fischer has been involved with include commercial development, residential subdivisions, road improvements .and program-level plans, .including: • Tuscan Estates Vallejo Noise Study for Jeannine Berman Associates Two Bunch Palms Traffic Impact Analysis for the City of Desert Hot Springs` Hospital Road Bridge Improvements Project Noise Technical Assessment forthe County of San Benito Her experience includes permitting with the air pollution control districts throughout.Califomia, and other regulatory agencies. 'She is currently assisting developers within the San Joaquin Valley to prepare and file .applications required by the District's new Indirect Source Review (ISR), Rule 9510. Prior to joining LSA, Ms. ,Fischer was a Transportation Planner with VRPA Technologies. Ms. Fischer was responsible -for air quality, noise, and traffic impact analyses for a variety of new residential and ••- commercial development and road projects.throughout the State of California. Using the latest ~ approved computer models, Ms. Fischer performed air quality analysis for projects including the "~ Millerton New Town and the Running Horse developments. She also:completed air quality sections for numerous General Plan E1R's as well as the SANDAG RTP EIR. Ms. Fischer performed noise impact analyses for road improvement projects throughout California including the Bond Road widening project in the City of Elk Grove and the Herndon Avenue widening ~~ project in the City of Fresno. Working with residential developers, she also performed noise analyses io determine the required mitigation to-meet local noise standards for new developments. Ms. Fischer prepared traffic impact analysis reports including mitigation .measures for numerous development projects. She also prepared materials and assisted with the public outreach programs forthe Fresno Yosemite International Airport Master Plan Update, the Tulare County Regional Transportation Plan Update, and the Madera,County Road 415 Widening Project. As an Air Quality Planner for the San Joaquin Valley Air Pollution Control District, Ms. Fischer researched and prepared reports'on emissions and methodologies for sources contained in the District •; -wide emissions inventory. She also performed daily research of current and predicted meteorological ~ conditions and forecasting models to determine the daily air quality forecast. .• PRESENTATIONS GIS .Day 2001, Fresno State University, GIS in Traffic Forecast Modeling, Fresno, California PROFESSIONAL AFFILIATIONS ? AEP PMIJPNII.T LSAA9SOCIATL4. MC. ~,~,,~.yr PACL 1 AULT PHILIP ANALYST EXPERTISE Noise and Air Quality Analysis EDUCATTON B.S., Mathematics Education, Bob )ones University, Greenville, South Carolina, 1991 --~ CONTINUING EDUCATION Principles.of Ecological Design, Case Studies in.Ecological Design, San Francisco Institute of Architecture • Spanish Language Proficiency Certification ~(D.E:L.E.), University of Antonio de Nebrija, Madrid, Spain .~ PROFESSIONAL EXPERIENCE ••~ Analyst,.LSA Associates, Inc., Berkeley, California, September 2006 -present Training Coordinator and Bookkeeper, OC International, Madrid, Spain, 2003-2006 .~ Math Teacher, Guilford Technical Community College, Jamestown, North Carolina, ]998-1999 Math Department Head/l'eacher, Wesleyan Academy, High Point, North Carolina, 1993-1998 Assistant Foreman, Ault Construction Company, 1991-1993 ~~ P.RINCIPAL PROFESS)<ONAL RESPONSIBILITIES Philip Ault is a key member of LSA's environmental technical staff. Mr. Ault is :primarily responsible for the measurement, assessment,.and reporting of noise and air quality impacts for a vaziety of projects. He is proficient with the use of the FI-IWA Highway Traffic Noise Prediction Model .(FHWA RD-77-108), SOLJND32 noise model, and Traffic Noise Model ('INivn 2.5. He is,also responsible for measuring noise with the Larson Davis models 720 and 824 noise meter. Mr. Ault prepares stand- alone noise and air quality studies, as well as studies in compliance with CEQA. Since joining I:SA, Mr. Ault has contributed to the noise analyses for the following projects: p ~ Spanos Gateway Project EIR for A.G. Spanos Company Benicia Business Park EIR for the City of Benicia Buchanan Field Airport Master Plan Initial Study for Barnard Dunkelberg & Company .: ~~w.u4~Y.~.:rc'sSam..L:fv'Ia~rie~.y.ra[+u.~.' .. o._rC ~..~_~~......~Y"aw3fi%' -.~K.t4w~.1 : .. IuS~~.Y..e. . °• A960mA799: WC. PMLLPAUI.T PA~1. He has also performed traffic counts for proposed changes to the :Berkeley Unified School District bus yard/operations at 1323 Sixth Street in;the City of Berkeley. Through his work experience and academic pursuits, Mr. Ault has conducted extensive research in environmental and energy topics including: sustainable community development and design; air . quality;and noise abatement issues;.alternative building-methods and materials; natural ventilation and cooling; LEER and Green Globes assessment tools; and sizing and design of wind end solar PV hybrid stand-alone generator systems. Mr. Ault is cun•ently.completing aMaster of Science in Advanced Environments) and Energy Studies for Architecture, University of East London at CAT, Wales, U:K. The degree is expected to be awarded in February 2007. _., • 1 a ANTHONY L. PIITII G! I:fA AlOOCIATLl. I'N O. . 'PIIINOIPKL. PAOB I ANTHONY I:. PETROS PRINCIPAL EXPERTISE Transportation Planning and Impact Analysis Parking Analysis EDUCATION Cornell University, candidate Master of Regional Planning,.June 1985. University of California, Irvine, Bachelor of Arts, Social Ecology, June 1983. UriiverSity of .California, Irvine, Bachelor of Science, Biological Sciences; June 1982. PROFESSIONAI. EXPERIENCE LSA Associates, Inc., environmental planning and engineering consultants, offices in Northern and Southern California and Colorado,' 1984-present. Intern,.SpeciaLAssistant to :Chairman, City of Irvine Planning Commission,,1981-1'982. Research Assistant, California State Department of Health Services, Hazardous Waste Management Branch, Abandoned Sites Project, ]980-1981. PRINCIPAL PROFESSIONAL RESPONSIBILITIES Primary responsibilities include the management and supervision of the transportation function of LSA Associates, Ina This role includes the preparation and review of comprehensive traffic and parking studies, operational analyses, Environmental Impact Reports, and .Environmental Assessments. Emphasis is placed on the coordination of transportation projects with municipal and agency administrators~and real estate interests. Ivir. Pe:tros'has prepared and/or supervised a variety of transportation projects, including the Santa Ana River Mouth Local Coastal Program project for the County of Orange, the Hollister Hills Off-Road Vehicle Park Master Plan traffic analysis for the-State of California, the Peninsula Gateway mixed-use project in the City of Daly City,.and the MCAS Iwakuni and Yokota Air Base Master Plans in Japan. As a key member of the design and analysis team for the Oceanside Walkable Communities Project, completed in 2002, Mr. Pettus made numerous presentations to both receptive and hostile audiences and with .both groups resolved issues and developed a common vocabulary for future tasks in the Plan . development. The intent of this project was to increase the ease of, and broaden the options for, .. ~_ _ LBA ABlOCIAilO. INC. '. ANTHONY L. PCTYO! -IINCI-AL PA66 7 moving about Oceanside's downtown, and to create logical extensions of the existing transportation network and the primary beach destination While at LSA, Mr. Pettus has also been involved in many General Plan work efforts, including the development of the General Plan Circulation Elements of Calaveras County, and the Cities of Garden Grove, Buena Park, Calabasas, Arcadia, and Laguna Hills. Mr. Petros has overseen the preparation of .neighborhood traffic analyses in the Cities of Tustin, Whittier, Lakewood, and San Clemente, as well as in the Del Monte Forest. His range of experience covers large-scale land development.projects and small-scale detailed operational analyses. . PROFESSIONAL MEMBERSffiPS Institute of Transportation Engineers, Member ' Orange County Traffic Engineers Council City of Costa Mesa Chamber of Commerce, Past President City of Costa Mesa Residential Rehabilitation and Redevelopment Commission Organization of Cornell Planners, Past Chairman • ~~ i. 7~ ar~ ~i ~ ~"~ ,. w tivodw,n. ANC. M70-C1~1197VNG. PH.D. PYINmPAL PAO21 u TUNG-CHEN CHUNG, PH.D. PRRJCIPAL/DIRECTOR.OF ACOUSTICAL.AND AIR QUALITY SERVICES EXPERTISE Community and Transportation Noise Studies Room Acoustics Design and Analysis Interior'Noise and.Vibration.lsolation Studies Air Quality Studies Expert Witness Testimony EDUCATION _ Ph.D., Mechanical Engineering, University of California,'Los Angeles, 1991 M.S., Mechanical Engineering, University of Mississippi, Oxford, ]981 . B.S., Mechanical Engineering, National Tsing-}Iua University, Taiwan, 1978 ,.., _`, CERTIFICATIONS AND CONTINUING EDUCATION University.of California, Irvine, Business Development Techniques for High Value Contracts, 1994 a University of California, Irvine, UAM Regional Air Quality Modeling, 1992 -' University of Louisville, Kentucky, FHWA Highway Noise Analysis Certificate, 1990 BBN/San Francisco, Noise Control for Building and Manufacturing Plants Certificate, 1987 j PROFESSIONAL EXPERIENCE Director of Acoustical and Air Quality Services, L$A Associates, 7nc., 1997-present Director of Technical Services, The :Planning Center, Newport Beach, California, 1995-1997 Section Manager, MBA, Santa Ana/Irvine, California, 1989-1995 .Acoustical Specialist, County of Orange Environmental Management Agency, 1989 Project Manager, Smith, Fause & Associates, Tnc., Acoustical Consulting, 198b-1989 PRIlVCIPAL PROFESS)ONAL RESPONSIBILITIES '~ With more than 18 years of experience in environmental studies, Dr. Chung has conducted over 500 community and transportation noise impact studies for highways/freeways, airports, ndustriaU manufacturing, residential, commercial and institutional projects, and more than 250.air quality studies for infrastructure, industrial, residential, and commercial projects. He is experienced with the models and methods used to assess both air and noise'impacts. Dr. Chung has completed stand-alone studies .and those in accordance with NEPA/CEQA guidelines. A small selection of recent projects forwhich Dr. Chung prepared the noise and air quality CEQA analyses includes: • Thomas Berkley Square EIR for Alameda County Community Development Agency • Uptown/Forest City Residential Project Environmental Documentation for Forest City Residential West, Oakland • Alameda Point General Plan Amendment EIR for the City of Alameda i u .. . ... ... .._i.. -.c.. i,~.a:r....... _.._._._.~._-_._..._~...1~_r..~......:issi.~w..rL.wra:3:vS::.L..r.._._~z+:i.+:v'.'~'."~'m~''?. :"~n"",cv~,..s~~'` ..... .. _ `~'' fX Ia iv.Ts~~m.mma ISA ASSpC1A7'PJ: INQ ~ _ 7VN0-@BN 0fON4 PH.D. PONmPAL g! PAOH7 dyc~I Eti • New Alameda Free Library EIR for the City of Alameda • California Maritime Academy Master Plan EIR for California State University • Moss Beach Highlands Residential Project EIR for the County of San Mateo • IVipomo High School EIR for the Lucia Mar Unified School District • Yalleycare Health System Medical Campus EIR for the City of Livermore ~ • One Quarry Road Residential Project EIR for the City of Brisbane • Brea MalUCivic Center Area Master EIR for the City of Brea Redevelopment Agency • Burbank Empire Center EIR for: the City of Burbank • Eastshore Park Project General Plan and EIR for the California Department of Parks and Recreation; East Bay Regional Pazk District; and California Coastal Conservancy ` He also conducted the noise and air quality analyses as part of,the Caltrans environmental docu- mentation for the Arch Road/State Route 99 Interchange Reconstruction Initial Study/Environmental b_. s Analysis (City of Stockton); Lomas Santa Ee/I-3 Interchange Improvement Project :(Solana Beach);. Indian Avenue/I-10 Interchange (Palm Springs); and I-]0 Median Mixed-Flow Lane Widening Project . (Redlands). Localized CO hot spot analysis and conformity determination were conducted for most projects: . ._z PROFESSIONAL REGISTRATIONS AND AFFILIATIONS Institute of Noise Control Engineering, Board Certified Member ..-, Certified Acoustical Consultant, County of Orange "i Certified Acoustical Consultant, County,ofSan Diego ~ ~: American Physics Society Acoustical Society of America S:C. Chinese-American Environmental Protection Association - PUBLICATIONS AND PRESENTATIONS •.:, Noise Standards, Control, and Market Outlook, Chinese American Professional Society Technical _s Conference, Envirorim~ntal Forum, September 7, 199b. Noise Impacts on People and Wildlife, and Governmental Regulations. University of Southern ?'; California Environmental Engineering Seminar Guest Speaker, January3l, 1999. ~; Noise and the Environment -impacts and Regulations, Chinese American Professional Society Annual Conference, Environmental Forum, June 23, 1993. Defect of the Kolmogorov Power Laws for Turbulence Using the Wiener-Hermite Expansion, Ph.D.dissertation, December, 1991. Defect of the Five-Thirds Law Using the Wiener-Hermite Expansion, Journal of Statistical Physics, ~ Volume,53, June, 1989. :7 ~... ~~i ~. LBA A880CI ATl6. INC. MATT RICKETTS rArr nhcxarre MBUTANT NILOL7-! BIO100I8T WILDLIFE BIOLOGIST EXPERTISE Ornithology Biological Assessments Special-status Species Surveys and Evaluations I a ' EDUCATION `M.S., Biology/Applied Ecology, 1999, Eastern Kentucky University, Richmond. B.S., Natural Resources and Environmental Sciences, 1997, University.ofIDinois at Urbana - Champaign. .....~ PROFESSIONAL EXPERIENCE LSA Associates, Inc., Wildlife Biologist, June 2001-present Wetlands Research Associates, Inc., Wildlife Biologist, March-June 200k Point Reyes. Bird Observatory, Field Biologist, December.1999-0ctober.2000 Eastern Kentucky University, Teaching Assistant, August 1997-May 1999 Illinois Natural History Survey, Field Biologist, May-August 1997 ;~ PRINCIPAL PROFESSIONAL RESPONSIBILITIES Mr. Ricketts has extensive experience conducting wildlife field studies. For his graduate thesis, he studied the possible effects of vegetation structure on the nesting success ofyellow-breasted chats (Icteria virens), a Califomia Species of Special Concern. He has :experience with aU of the standardized field techniques for monitoring landbird populations, including point counts, area search censuses, mist-netting, spot mapping, and intensive nest surveys. While working for;the Point Reyes ,; Bird Observatory, he assisted in the monitoring of bird response to riparian restoration activities in the''Sacramento River National Wildlife Refuge. He is also familiar with the nesting ecology of most raptor species and has conducted many pre-construction raptor surveys. In addition, IvIr. Ricketts has received training in USFWS survey protocol :for California clapper rail .and has detected the species several times throughout San Francisco Bay. Mr. Ricketts has also conducted surveys for many California special-status species, including California red-legged frog, California tiger salamander, Califomia clapper rail, burrowing owl, San Pablo song sparrow, and vernal pool tadpole shrimp. He has served as a construction mor-itor for California red-legged frog, western pond turtle, San Francisco garter snake, California clapper rail, and various raptor species. He has also assisted in the preparation and review of several EIRs. Some of the specific projects Mr. Ricketts has worked on while at LSA include the following: . r~ LJ ~.. ..... :...::. .. ~;,: «... ... ,...,::-,..<.~. Ss.. '-.s u __...:.:s-.._.etw~,::,uui.._,w. v4Y,wc~v'i.. c.~:;ixid(:v:s1:5i+r:dkE'(Jf~J"' vv.dc.KKK.ws!MX/f^.~yv~rua~.BDR?~+r~.'n'4 :sx e tea`. LHA AHHOOIATCB. 1NC.. YATT t1C 88TTe AHtlBTANT MILOLIPB 810LOCI8T PAOH 7 • Falcon to Gonder 34SkY Transmission Line, Nevada. Summer 2003. Conducted .nest searches for a Sierra-Pacific power line project to ensure compliance with the Migratory Bitd Treaty Act: Found nests within proposed work areas (i.e., towensites) and recommended exclusion buffers to prevent nest mortality. Primary species included Brewer's sparrow, sage.thrasher, sage sparrow, and other sagebrush-associated passei•ines'and raptors. • San Francisco-Oakland Bay Bridge East:Span Construction. 2002-present. Conduct bird monitoring at the Bay Bridge to assess potential .construction-related impacts to special-status bird species (California least tern, California brown pelican, peregrine falcon) and nesting. western gulls and double-crested cormorants. • Deepwaler Slough Mitigation Site, Pacifec Shores Center, Redwood City. 2001-present. Coordinate field studies ata tidal marsh restoration site on southern Bair ]stand. Fieldwork includes bird surveys (comparing use of restoration vs. reference marshes), vegetation;and biomass sampling, and tidal .channel development analysis (via cross-sections). • Alviso Marina County ParJ~ Alviso. Spring 2002, 2003, 2004. Coordinated and. conducted esence or absence of California clapper mine d t t if i pr e er ic surveys o te-spec USFWS-approved S rail within the Alviso Marina County Park project area. ~' • Moss Beach Highlands, Moss Beach. Winter and Spring 2001-2002.. Conducted wintering and - - -~ Beach Highlands development site (San Mateo County). nesting raptor surveys at the Moss :.a • West ojBayshore Property, San Francisco International Airport, San Bruno. August 2001. Monitored construction of a telecommunications tower adjacent to the West of Bayshore property from project initiation to completion. Checked work area daily for San Francisco garter snake and CRLF, and supervised maintenance of exclusion fence throughout project.. Advised contractor and made recommendations regarding compliance with construction mitigation measure§. • BiologicaVspecial-status species assessments in locations throughout northern California: Harris- Minor Property (Brentwood), Sainz RancN(Santa Maria, Santa Barbara County), Lake Madigan (Napa, Solano County), Bay Point Regional Shoreline (Bay Point, Contra Costa County), Sugar ^-:p Barge RV Park (Bethel Island, Contra Costa County). - • Preparation of Biological Resources sections for Initial Study/Negative Declaration and Environmental Impact Reports: Lake Madigan, California Maritime Academy (Vallejo, Solano d hi Pl Ini i l S l P d "' ' ~ s an. tewar p on s t a t County), Cargill South Bay Sa . PUBLICATIONS Ricketts, M.S. and G. Ritchison. 2000. Nesting success of Yellow-breasted Chats: effects of nest Site.and territory vegetation structure. Wilson Bulletin 112:510-516.. Ricketts, M.S. and B. Kus, 2000. Yellow-breasted Chat. In The Riparian Bird Conservation Plan: a strategy for reversing the decline of riparian-associated birds in California. California Partners in Flight. http://www.prbo.org/celpif/htmldocs/species/riparian/yellow-breasted_chat:htm. PROFESSIONAL AFFII,IATIONS Cooper Ornithological Society Western Section of The Wildlife Society Society for Conservation Biology ,,:. ~;. ASELIN E - BASELINE ENVIRONMENTAL CONSULTING BASELINE Environmental Consulting was established in 1985 as a multi-disciplinary environmental consulting firm. We have offices in Emeryville, San Francisco, and Petaluma and a staffof l6 professionals covering the discplines.of geology, hydrology, engineering geology, engineering, risk .assessment, and planning. All of our staff is registered or certified in thew ~ respective disciplines. Our practice includes hazardous.materials management as well as preparation of documents in accordance with the requirements of CEQA andNEPA. We have extensive experience operating both as the prime consultant and in teams with other consulting firms. .... Our main areas of expertise in hazardous materials management pertain to soil and groundwater ~ -' contamination investigations and associated remediation, We provide risk assessments to determine risk-bask clean-up goals and negotiate with applicable regulatory agencies for site closures. We work extensively on brownfields projects in Northern California and have worked -~ on two of the U:S. EPA Brownfields Pilot Projects. Our practice also includes waste °~ classification for major public infrastructure and transportation projects; we have successfully classified large waste streams as well as reclassified waste streams from hazardous to non- hazardous wastes. We also assist.our clients in evaluating compliance with hazardous materials statutes and regulations by performing facility audits at public facilities, including wastewater treatment plants, water treatment plants, power plants, corporation yards, police departments, and fire departments. Our staff prepares required plans and policies as well as training for employees. A_ major portion of our work also includes obtaining various environmental permits •~ - and negotiating with Federal, .State, and local agencies on behalf of our clients. Our staff is also ~ involved in providing litigation support and expert~witness testimony. ~~ A large portion of our work is for public and quasi-public .agencies in Northern California. We ...~ have held numerous successive as-needed contracts with the City and County of San Francisco Department of Public Works, San Francisco Public Utilities Commission, City of Oakland, and 1 Port of Oakland in the past 1S~years. We understand the types and levels of environmental . ,, assessment information required to allow public agency staff to make informed ,decisions about development projects. ~; ~...w ~~ YANE N~Rt?HA~/ ;' °l one Nordhav is the principal of BASELINE. yShe is the principal-in-charge for BASELWE projects related to hazardous materials management, development of remedial actions, .site characterizations, and CEQA/NEPA documentation. .She performs QA/QC functions for all projects at BASELINE. As principal investigator, she has managed and conducted groundwater investigations and remediation on major Supetfund sites and local brownfields sites in California. Through her work, she has developed an extensive working knowledge of regulatory requirements and established working :relationships with :regulatory agency staff. on the State and local levels. She routinely works with Regional Water Quality Control Board, Department of Toxic Substances Control, and Deal agency staff to arrive at appropriate goals for risk-based cleanup of soil and groundwater resources. She has managed major environmental audits and developed environmental programs for cities, ports, and industrial clients; her work has included development of strategies for waste management and minimization, and UST compliance programs. She also routinely provides .litigation support and expert witness services to clients on sites that have been affected by historic land uses and .require cleanup prior to future productive uses. In addition, Ms. Nordhav has been the project manager for the preparation of major environmental documents in California, including EIRs for controversial projects, ranging from open pit mines, hazardous waste disposal.facilities, and new towns. Recent projects include: • :Sacramento Trapshoot Club, investigation, remediation, agency negotiations, Project Manager, 2004-2006 • Stockton Waterfront Brownfields Pilot Project, Project Manager, 2000-2006 • Bayview Transportation Improvements Project EIR/EIS, Hazardous Materials and Water Quality Technical Studies, Project Manager, 2004-2006 • Port of Oakland, Berths 25 and 26, investigation, remediation, agency negotiations, 2002-present ~-Professional Affiliations Association of Engineering Geologists, associate member Association of Environmental Professionals, member Groundwater Resources Association, member Nordhav, Pane, 1998, Aye Geologic and Seismic Impacts Significant, Unavoidable, or Mitigatable, in AEP Environmenml Monitor, Summer. Nordhav, Yana, 1997, Tdendfication of Geologic Impacts - UC Berkeley, guest lecturer for Conservation of Natural Resoprces Department. Nordhav, Pane, 1997, Moderator - .Panel on Changes in Hazardous Waste Management, Association of Environmental Professionals Annual .Meeting, San Francisco. Schoenholz, Ilan and Pane Nordhav, 7995; Construction of a Movie Theater at Lot 12: A Case Study in Reuse of a Former .Manufactured Goa Plant Site; in Land Contamination and Reclamation 3(4). Phase l and II Investigations and Land Use Decisions, presented at the Annual Meeting of the National Association of Housing and Redevelopment Officials, San Francisco, September 1992. Closure and Clean-up of Underground Storage Tanks; a one,day training course. presented at HAZMACON 1987 for Association of Bay Area Governments and to local implementing agencies throughout Califomia for the-State Water Resources Contcof Board. The Long .Journey from Discovery to Clean-Up of Superfund Sites, presented at the Annual Meeting of .Association of Engineering Geologists, Boston, MA, 1984; publshed'in the Bulletin of the Association,of Engineering Geologists, Vol. 12:2, May 1986. Yane.6-28.doc-5/2006 ,~ ..J j"~ nice Abelli-Amen is a Certified ~KJ Hydrogeologist.and a :CEQA project manager. Fie has experience in ,all phases of CEQA and NEPA projects, including managing large multi- disciplinary teams of specialists in the preparation of Expanded Initial Studies, Mitigated Negative Declarations, and Environmental Impact Reports and Statements. He has managed CEQA projects for landfill decommissioning, new wastewater treatment plants, mining projects, mixed-use developments, and major water transmission infrastructure projects. Mr. Abelli-Amen not only manages CEQA projects, ..but also specializes in conducting technical analyses for particularly challenging projects. His expertise in geology, soils. and seismicity, hydrology 'and water quality,.NPDES permitting, and hazardous materials, has provided .clients with .thorough and legally defensible analyses for complex projects. He has conducted hydrology .and water quality impact analyses for a variety of projects, including proposed commercial, industrial, ~ residential, transportation, and agricultural uses. He has designed and implemented groundwater aquifer tests and remediation systems for the cleanup of contaminated shallow groundwater aquifers. He has managed .numerous UST investigations and is familiar with local, state, and federal regulatory requirements for such investigations. He has experience managing ,large-scale soil and groundwater remediation projects. He'has supervised soil excavation, bioremediation, and backfill operations, as well as the installation of .groundwater extraction systems for the removal of. free product and dissolved compounds. Recent projects include: New Irvington Tunnel EIR, Hetch Hetchy Water Conveyance System, SFPUC, CEQA Project Manager Third Street Light Rail EIR, •San Francisco, Technical Lead on Hydrology and Water Quality, Geology, Soils, and Seismicity Reuser, Inc., Cloverdale and Ukiah facilities NPDES Compliance Project Manager Bruce.6-28.doc•52006 BCE , National Ground Water Association, member Groundwater Resources Association, member . `~,'~r~sctttattgns,~ndPubhcations Abelli-Amen, B. and Potter, S., 2004, CEQA Projects and Cumulative Impacts to Stonmwater Runoff Quality: What Are the Options for Effective Mitigation?, AEP Environmental Monitor, Summer issue. Abelli-Amen, .B. and Parfrey E., 2002, "Survey of Land Use .Conflicts Associated with Vineyard and Pesticide Use; ' AEP Environmental Monitor, Fall issue. D u C~ Ralph Russell is a Environmental Specialist with over seven years of experience in .environmental permitting and planning. He has extensive experience in planning and permitting of residential and commercial development. He also has experience conducting CEQA analyses of a variety of projects including proposed ,residential and infill projects and timber harvest plans. Mr. Russell has conducted CEQA review.for a variety of projects in the Bay.Area. He specializes in geology, soils, and seismicity analyses associated with residential and infill development projects. Recent projects include: • EI Camino Real Mixed Use Project, Menlo Park, .Environmental Impact Report Geology and Hydrology sections, Author and internal Project Manager, 2006. • Seven Vines Residential Project, I.ivern-ore, Environmental Impact Report Geology section, Author, 2005. • Tivoli Specific Plan, .Modesto, .Environmental Impact Report Geology. section, Author, 2005. • First Street Project, Petaluma, Phase I :Environmental Site Assessment, Author, 2005,- • Santa Rosa Gateways, Santa Rosa, Specific Plan Environmental Impact Report Geology section, Author, 2005, P,resentattonsand Publications 2002 Solar Sebastopol /nitiative, Co-author. A field study and proposal to supply up to ZS percent of the electricity consumed in Sebastopol from photovoltaic sources., Sonoma State University and the City of Sebastopol, CA 1995 Communication Arts Award of Excellence ^^l _~ i Ralph.6-9.doc-S/2006 BASELINE , RELEVANT EXPERIENCE California Maritime Academy, Vallejo In 2001, BASELINE prepared analysis of the geologic, hydrologic, and hazardous materials impacts :associated with the prepazation of the EIR on the Master for the Califomia Maritime Academy (CMA). The topography of the campus includes steep uplands and a filled waterfront on the Carquinez Straits. Geologic hazazds related to slope instability and liquefaction in fill areas were evaluated. Potential :hydrologic impacts included shoreline erosion and possible . release of contaminants to stormwater.runoffduring and after construction periods. The :analysis of hazardous materials analyzed numerous existing storage .and use areas which support the CMA academic activities, including maintenance of a research ship. LSA was the prime .consultant. / -One Quarry Road EIR, Ciry oJBrisbane BASELINE was :retained by LSA Associates to perform the hazardous materials analysis for an ._ ~ EIR for the redevelopment of.an active hard-rock quarry in San Mateo County. The -EIR •~ evaluated residential and commercial/lght industrial .reuse alternatives for the quarry, which has been in operation for over a century. Known and potential impacts of the current and historical .and vehicle fuels and maintenance fluids at the quarry were asphalt oil use of explosives , , • ~ .analyzed. The potential human health effects of crystalline silica production at the quarry were evaluated using data from studies of similar Northern California quames. Potential heath effects j ~ from radon in indoor air were quantified using data .from US EPA and risk models created by the ' Columbia University-Department of Statistics and Lawrence Berkeley National Laboratory Radon Project. Mitigation measures were identified for each significant impact to reduce the magnitude to aless-than-significant level. . B.ordoni Ranch Project EIR, Vallejo ' s team, BASELINE prepared the geology, soils and seismicity; hydrology and As part of LSA water quality; .and public health and hazards sections of the EIR for a proposed hillside a subdivision of 445 single-family homes. Because the site had historically been used for grazing ~ and .agricultural purposes, the hazazds section addressed the issue of potentially hazardous __ concentrations of agricultural chemical residues in shallow soils. A PG&E right-of--way with high voltage transmission lines and towers crossed a portion of the site. Included in the hazards discussion was a discussion of.electro-magnetic fields hazards. Santa Rosa Junior College Parkii g Structure EIR, Santa Rosa, California BASELINE was retained to perform a Phase I/Phase lI :environmental site assessment and public health and safety CEQA analysis.for a proposed parking structure on the Santa Rosa Junior • College (SRJC) main campus `in Santa Rosa. The Phase I activities included the review of - historical land use. records and regulatory agency files and databases. An active leaking underground storage tank site was identified just northeast of the parking structure site. Review of Regional Water Quality Control Board files indicated that several releases of gasoline in the ,:.v .u,..~... _ BASELINE -_ project vicinity affected groundwater quality both on-and off- site, across Mendocino Avenue. Groundwater sampling was performed to determine whether groundwater at the site has been affected by historical land uses and the active petroleum release sites identified during Phase I activities. The sampling methodology was designed to evaluate whether groundwater that would be encountered during construction of the proposed parking structure may have been affected by off-site hazardous material releases: The findings of the Phase I/Phase II investigation were _ incorporated into BASELINE'S public health and safety analysis for the project E1R r: Livermore .General Plan and Downtown Specifte Plan ElR As part of the LSA team, Baseline provided the analysis'.for geologic and seismic hazards, hydrology and water quality, .and hazardous materials. The analysis drew from a series of working papers that were developed into the Master Environmental Assessment, which in tum formed the existing Setting section for the E1R T'he geology, soils and seismicity section included a discussion of;slope instability and mineral resources. 'The hydrology and water.quality section included drainage, flooding and groundwater. The hazards section evaluated public health and safety conditions related to hazardous materials. Transport of hazardous materials through the City, and emergency response times-were discussed. For each topic, Baseline .identified policies contained in the Drag General Plan and the Downtown Specific Plan, established~thresholds of significance for impacts, and recommended mitigation measures. .Fleet Industrial Supply Center (FISC) Development, Alameda BASELINE was retained by LSA Associates to prepare .geology, hydrology, and hazardous. materials sections for an E1R on the re-use of the Navy's Fleet Industrial :Supply Center on the island of Alameda. The property was to be conveyed to the City of Alameda by the Navy after decommissioning and clean-up of the site. Issues of concern included reuse or abandonment.of the antiquated stormwatgr drainage system, completeness and effectiveness of the Navy's characterization and clean-up of the subsurface contamination on the site, and the potential performance of the near-surface materials for foundations (particularly during seismic shaking). Wavecrest Village Speciftc Play EIR, HaljMoon Bay BASELINE was retained by LSA Associates to prepare hydrology, geology, and public health and safety., sections for the Wavecrest Village :Specific Plan EIR. 'The project site was located on approximately 208 acres south of the City of.Half Moon Bay on the coastal bluffs. Issues of particular concern centered around drainage, water quality, and coastal bluff/riparian corridor stability. Land, uses upgradient of the site included intensive agriculture (,commercial nursery and small farming interests). The drainage from these facilities was expected to contain some agricultural chemical residues, potentially affecting soil and groundwater quality at the project site. Mitigation measures requiring characterization of subsurface materials within the potentially affected areas were required in the EIR The coastal bluffs near proposed development were inspected for signs of,instabilty that could:affect the project. Mitigations • were provided to lessen the likelihood of headward erosion of the drainages. ..j .., .~ J :t, �''. s+ , ~~ :~ ,.i ~ASELLN~j ENVIRONMENTAL CONSULTING 2 February 2007 Y7034.00654 Adam Weinstein LSA Associates, Inc. 2215 Fifth Street Berkeley, CA 94710 Subject: Scope of Work :and Cost Estimate, Historic Land Use Hazardous Materials Review and Limited Phase iI Soil Investigation for Kevin Moran Park, Saratoga, California. Mr. Weinstein: We are pleased to present this .scope of work and cost estimate for supporting services for environmental services associated with the development of Moran Park in Saratoga The City of Saratoga has issued a Request for Proposals (RFP) for Professional Consulting Services to prepare a CEQA-compliant Initial Study for We Kevin Moran Park Improvement Project. The project proposes to complete the development of the 10-acre park. Currently, .six acres of the pazk are developed, with a children's play area, atwo-acre open turf area, other improvements, and a perimeter pedestrian bicycle pathway. Approximately four acres (three acres across the .north end of the site and one acre at the southern tip) of the park are undeveloped; these areas are planted in orchards. An Initial Study would be prepared to determine if a Mitigated Negative Declaration or an Environmental Impact Report would be needed. .Based on background information provided in the RFP regarding prior use of the site as an orchard, it is recommended chat a :Historic Land Use Hazardous Materials Review and Limited Phase II Soil Investigation be completed for the site. The purpose of the review and investigaton would be to determine whether agricultural chemical residues or contamination from other historical land uses have impacted site soils. To determine past land uses, BASELINE would conduct a review of historical maps and aerial photographs, review governmental .databases and conduct interviews with persons knowledgeable about the sites history. Discovery during this review of additional past land uses or other sources of potential contamination for the site could lead to additional recommendations for further laboratory analysis of the. soil samples to .be collected in the soil investigation (detailed below), however, based on familiarity with the area and the history provided in the RFP, a soil quality investigation focused on the potential presence of agricultural chemicals is recommended. 5900 Hollis Street, Suite D • Emcrvwillc, C~1 94608-2008 • {5}0) 420-8686 • FAY: (510) 420-1707 E~ni~r-vrille Perohnuo Scan Fiinrcieco C~ Y7034.00654:Scope.doc-2/1!07 Adam Weinstein 2 February 2007 Page 2 The soil investiga;ion would be conducted in general accordance with the sampling approach as stated ,in California Department of Toxic Substances Control (DISC) Interim Guidance for Sampling Former Agricultwal Fields for School Sites. The sampling effort would be completed under asite-specific health and safety plan by trained personnel. SCOPE OF WORK Historical Hazardous Materials and Land Use Review -= To .evaluate the potential for hazardous materials to be present in soils .and groundwater at the project site, BASELINE would prepare a written summary of historic land use review (to be included in the combined Historic Land Uses and Phase II Sampling Report), :to refine the soil investigation protocol. The work scope would include: '~ Determination of past land uses. BASELINE would review :available historical Sanborn fire insurance maps, .aerial photographs, historical topographic maps, and other land use information for the project site and adjoining properties to determine previous land .uses at these properties from the time these historical resources were available. Any historical land uses with the potential to affect subsurface condirions at the project site would be identified. Regulatory agency file review. BASELINE would review Federal, State, and local database reports pertaining to the management of hazardous materials and hazardous materials releases at adjacent sites. If any of these databases indicate a release of hazardous materials that could potentially affect the project, BASELINE would request a file review from the appropriate .agencies in order to obtain the ,most current and detailed information availabie•conceming the extent and status of the release:. Site reconnaissance and interwiervs. BASELINE would conduct a visual :reconnaissance of the project site and adjoining properties, including buildings at or adjacent the project site where significant quantities of hazardous materials are likely be use, stored, or disposed of. Persons familiar with the project site will be contacted, if such persons were identifed and reasonably available. The reconnaissance and interviews would provide information regarding any ~ Department of Toxic Substances Control (DISC), 2002, Interim Guidance jor Sampling Agriculmra! Fields for School. Sites (Second Revision), August 26. Note that although this document was prepared specifically for E evaluation of proposed school sites, the Interim Guidance is also appropriate for future residential :properties and other sites where children and other sensitive receptors may potentially come into contact with soils affected by agricultural chemical residues. 5900 Hollis Sh•cet, Suitc ll • Emcn•villc, CA 94608-2008 • (510) 420-8686 • FAQ: (10) 420-1707 Einr(yrille Pcrrnlunm Scrn FrCau•recu Y7034.00654.Scope.doc2lll07 Adam Weinstein - 2 February 2007 Page 3 recognized environmental conditions associated with .current land uses at the improvement area and .immediate vicinity, including visible evidence of :the generation, use, storage, or disposal of hazardous materials. .Summary Report. BASELINE would provide a written summary of findings in a combined Historic Land Uses and Phase II Sampling Report. The Report would provide recommendations for further investigation or other actions, if necessary. Recommendations will focus on areas that may .be affected by project construction activities. _, Soil Sampling It is understood that the project :site is owned by the City of Saratoga and access to collect soil ,~ samples will not require third-party access permits, and that the City of Saratoga will be able.to ~ readily facilitate any .City,required,access permissions. :Shallow soil :samples would be collected at a lots] of eight locations within the project area (approximately four acres in size). At each of the eight sampling locations, .a surface :sample ~ would'be collected at a depth of 0.0-0.5 foot below ground surface (bgs) and a subsurface sample would be collected at approximately 2.0-2.5 feet bgs) for a total of 16 samples collected. The soil . samples would be collected under the direction of a BASELINE geologist using struck-mounted -l direct-push sampler. In accordance with the DISC Guidance document, the soil sampling locations would be spaced .according to the DISC systematic random method across site, to the extent feasible. All samples would be collected under chain-of-custody procedures and submitted to a California- certified laboratory. The shallow samples (0.0-0.5 foot bgs) would be analyzed for pesticides (EPA Method 8081), herbicides (EPA Method 8 i 51) and Title 22 metals (EPA Method 6000/7000 series). The subsurface samples would be submitted to the laboratory .and a "hold" requested pending the outcome of the surface sampling.results. 1 Any detected .organic compounds or metals above naturally-.occurring concentrations2 in shallow soil samples would be would .be compared to the applicable RWQGB ESLs s Under most circumstances, the presence of,a chemical in soil at concentrations below the corresponding ESL Z No background samples are proposed for collection during this sampling effort. Background metals concentrafions would be established based on literature sources (Federal, State, and total studies, as applicable). ~ California Regional Water Quality Control Board, San Francisco Bay. Region (RWQGB), 2005, Screening jor Environmental Concerru at Sites with Contaminated Soil and Groundwater, Volume 1.• Summary Tier I Lookup Tables, Interim Final, February. 5900 Hollis Strect, Suitt D • Lmcryvillc, CA 9c1608-2008 • (51.0)420-8686 • FAY: (510) 420-7707 Erneryrille Pe•rn6nna Sc7n FrrnrcLrco Y7074:00654.Scope.doc2/1/07 Adam Weinstein 2 February 2007 Page 4 can be assumed not to pose a significant, long=term threat to human health or the environment 4 The purpose of this comparison would be to initially assess the need for- analysis .of the subswface samples (2.0-2.5 bgs) collected. Following the receipt of all laboratory results, the data would be evaluated for the need for future assessment and/or actions at the site. The deeper samples would be -analyzed only if the concentration of the constituents in the shallow sample(s) exceeded the applicable San Francisco Regional Water Quality Control Board (RWQCB) Environmental Screening Levels (ESLs) or "naturally-occurring levels" for metals, as described in more detail below. For example, if the results of the limited soil sampling (shallow and deeper soils) indicate levels in exceedance of the .applicable ESLs, .future assessment including conduct asite-specific health risk assessment for the site, under regulatory oversight, may be required. In addition, future action could include the need. for additional characterization of soil and/or groundwater underlying the site and/or remediation prior to the proposed development. All sampling .equipment would be decontaminated prior to sampling, after .each sampling _ location, and at the completion of sampling. The rinsate and spoils generated during ampling l would be collected in drums and transported by the drilling contractor for off--site disposal. The _~ cost estimate for the off-site disposal of drummed materials assumes that the waste would not constitute a hazardous waste. If the drummed materials constitute a hazardous waste, we would ~~ contact you regarding additional budget for the profiling, transport and disposal of these wastes. The Underground Service Alert would be contacted .to identify the presence of underground ":~ utilities at least 48 hours prior to drilling. It is assumed that the:Cty would provide information regarding the location of underground utilities to BASELINE a4 least two weeks prior to the sampling activities. The cost estimate below assumes. that right-of--entry permission (including °°~ vehicle and truck-mounted drill rig access to the site) to complete the sampling would be _, provided at least three days before the scheduled date of sample collection. The results of the soil sampling effort, including the comparisons of site data to applicable ESLs, would be documented in a written report (the Historic Land Uses and Phase II Sampling Report) ~~ within approximately three weeks of receipt of the laboratory results. The report would include recommendations for further. assessment or actions at the site, as needed. ° 'fhe presence of a chemical at concentrations in excess of an ESL does not necessarily indicate that adverse impacts to human health and the environment are occurring; but that a potential for adverse risk may exist and additional evaluation is warranted. RWQCB, 2005, op cit. 1 5900 Hollis Street, Suite D.• Emeryville, C~1 94608-2008 •.(570) 420-8686 • FE1Y: (57.0) 420-1707 Frner~n~ille Pcu7lrnrur Snn Francisco Y7034.00654.Scope.doc2/]/07 rv • . ~ , ' Adam Weinstein 2 February 2007 Page 5 . Cost Estimate and Schedule Assuming that the deep soils samples do not require processing, the cost for project estimated to be $22,631. The total estimated cost is for this project including deep sample processing is .$25,092. The detailed breakdown of costs for the scope of work described above is included in Table 1. The estimate assumes that .all 16 samples would be analyzed for the .constituents ,. identified above; you would .only be billed for actual analyses completed on the samples in accordance with the "decision-rule" above. Based on ow understanding of the project schedule, we would submit the completed Historic Land Uses and Phase R Sampling Report within :nine _~ weeks following authorization to proceed. Should ,you have any questions regarding our'work scope, cost estimate, or schedule, please do not hesitate to contact us at yow convenience. ' Sincerely, Bruce Abelli-Amen, PG Ralph Russell Senior Hydrogeologist Environmental Specialist BAA:RR:km Attachment { i i ' 5900 Hollis Street, Suite D • Emen•viBe, CA 9=1608-2008 •(5'10) 420-8686 • FAY: (510) 420-1707 Luveryri!/e Peipluain .Baru Fr•tnrcisc~~ i v-~osa.oobsns~oP~.a~vtro~ r . R TABLE 1: Cost Estimate, Land Use History and Limited Soil Investigation Kevin Moran.Park, Saratoga, California ITEM. Project management including preparation for field work (obtain permit, request utility clearance, right of entry coordination), and historic land use hazardous materials review Field Work (assuming one day of field work) Drilling contractor (including disposal of rinsate.and cuttings as a non-hazardous waste) Documentation and Report Preparation Analytical Laboratory: Soil sample preparation (all samples) and processing and analysis of .shallow samples for pesticides, herbicides, and metals Analytical Laboratory: Processing of eight deeper samples for same analyses as above (samples would only be analyzed if exceedances of ESLs in shallow soil samples occurred) TOTAL TOTAL $4,359 $1,775 ' .$3,525 $5,465 $7,507 Subtotal $22,631 { $2,461 JI $25,092 Notes: 1) The -cost assumes that the drummed material generated during field activities could be disposed of as a non- hazardous waste; should the-waste constitute a hazardous waste, higher costs for disposal would apply. 2) The deeper samples would be held in the laboratory pending the receipt of the shallow samples. The client would be billed only for those analyses completed. 3) This assumes no additional past land use besides orchards. If the historical land use review identifies other potential issues1sources, then additional analyses and sample collection may be warranted. 5900 Hollis Street, Suite D • lmcr~•villc, CA 9=1608-2008 • (Sl0) 420-8656 • FAY: (510) 420-1707 Emeryn~illr Pern6ima San Frnnciscr~ -Y7034.00634.Scope.doc-Zt /07 SARATOGA CITY COUNCIL MEETING DATE: April 18, 2007 ORIGINATING DEPT: Admin Services AGENDA ITEM: CITY MANAGER: ~~L%~--~ Dave Anderson PREPARED BY: Mary Furey DEPT HEAD: Mary F •ey SUBJECT: Proposed Master Fee Schedule Update for Fiscal Year 2007/08 RECOMMENDED ACTION Hold public hearing and adopt the Proposed Master Fee Schedule for FY 2007/08. REPORT SUMMARY The City Council annually adopts a resolution that establishes the fee schedule .for the ensuing fiscal year. The City Council reviewed the first draft of the Proposed Master Fee Schedule for FY 2007/08 at the March 21, 2007 meeting. Per the City Council's direction, staff has incorporated recommendations to increase appeal fees. 1. Staff recommends increasing the current fee to appeal administrative decisions regarding development .review projects (decisions made by the Community Development Department) from $250 to $400. Administrative Decision Appeals are heard by the Planning Commission. 2. Staff recommends increasing the current fee to appeal Planning Commission decisions to the City Council for development review decisions from $250 to $600. The appeal fee increases are recommended to ensure the appellant has pursued other available avenues prior to appealing decisions to the Planning Commission or Council. An appeal fee increase would benefit applicants as neighbor complaints are more likely to be dealt with between property owners rather than at the city review level, therefore reducing the amount of staff time charged to an applicant's project. A reduction in staff time spent on appeals is also expected to increase development review efficiencies, and in turn, reduce the cost of development projects overall. Staff considered the option of maintaining the current appeal fee of $250 for "minor" development projects such as fence, signage, tree, and shed structures, however staff determined that project appeals utilize considerable Staff, Commission, and Council time regardless of whether they are minor or major projects, and therefore should be treated equitably. In reviewing. comparable city fees, it was determined that a City's appeal fees are established based upon. community philosophy. Many cities establish low appeal fees to encourage community involvement with the understanding that they run the risk of encouraging nuisance `appeals, while other cities look for cost recovery in their fees with the philosophy that City residents should not bear the cost burden of an individual or developer who does not agree with city decisions. Staffls recommendation to increase appeal fees to $400 for Planning Commission Appeals and $600 dollars far City Council Appeals is an attempt to provide a middle ground which. encourages participation in community development, while shifting some of the cost to the appellant. Upon Council approval of the .proposed Master Fee Schedule, staff will publish the Master Fee Schedule to be effective July 1, 2007. 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 FOLLOWING RECOMMENDED ACTION The City will fall below the current cost recovery level. ALTERNATIVE ACTION N/A FOLLOW UP ACTION Staff will update the currentUser Fee Schedule to be effective July 1, 2007. ADVERTISING, NOTICING AND PUBLIC CONTACT n/a .ATTACHMENTS 1. Schedule of proposed changes to the FY 2007/08 Master Fee Schedule 2. Resolution adopting the Proposed Master Fee Schedule 2 Attachment 1 FY 2007/08 User Fee Schedule Changes and Survery of Comparable Cities A = SAR TOGA -COM PARISONCITIES'. '-3 S h'T: R •Y 'h R~`dhe Y2 4... ~y6~E~x ASrtR xSyS,~ W k 5 a ~ ~ e' ea 1"r a ~~ s ",.~, F ~ :~ ~ ,~ ,~ Q ~ ~ k ~ ",~~ , w~ r ~ x~ ~ ~~ P , ~ '°w"L t ~ ~~~ ~ ~~ p 'ha."'s N +b %'~`-y~` 3e ~ ~ ~f ~ ~ ~ R ~( '~ ~'34w :3~-a 4 k a-mes~'"% F ~Prp ed~ T i ~4 Y 4 Wpm ~ ~»•~ ~ R`. gsPro -~ PQSed ~ ~°~ ~~ XSg~'Jii. a'~ : -RY "^-"t^YF. 4 -9 sP~~- ,a w 4. ~ ~ " °` 3~hry %y& tea.; s.. o ttt3 p~"n. T f .N ~" k~~fiip"a`P"4 .. ~Rf. '4':. rv^ c ~ verb ,'. 4 A' S+' { ~ A a^~ , g t as FF-'~. E `~ F~ A t Cate a ?1c1'iflef ~, : °~~K 4 F =Fee ~ S Current•F ee "i' C& +. ~ Cosf Stu ~ . 1a~ x4 6 „ ~, ~ s „A a ~ ee $asig ~,aF $ J ~ a~am 'e11' '~u ~ErHto r 3. :L c~s"!QS ~ Tdl~;$ ~ t~~w~aa~+sr;~o '„~ „ . ,, " , -, „ ,~ . ., . , , , . i fF,°~-a~a4 w 4 p~~. +~~^ ~`xy~', ~§ ~i~,a~a~'w ~w ~..at a E "' s R ?p'~ ® ~ ~~'q°v~`"R~~' ' ~j°~", %."",.. ~ ~~ta~+-0a @ s Ya. ' ,C T '~ ` aria„ '"b'a'ieq °~, ~z. a 4't. .~: deul~mintstralrve,.Eees~.g,~ m„~,~,Y,?%~ez'3.x,=s~ .,=~,*t xr~ ,'~.,q p ~a~a~9~, "~r'as ~,"?~~~a"a% .»s~~a ~~ ~. 3,. .~, a .: ~ tea'-_ .. .~.. ~a ~F's"~+~' Copy Fee (per page) hone ` _ $:-. 0 20- comp 0.10 0.2 0.25 0.0 $ 0.15 Audio/VideoTa a/DVD/CD none $. 20 comp $ 20 varies none n/a $ 20 Posta e & Mailin none ~ actual cosCl. actual cos[ n/a n/a n/a n/a City Code (available online) none ' -. actual cost actual cost $ 140 $ 77 $ 435 n/ $ : 217.. Duplicate Plans Sets hone -..actual cosT actual cos[ $ 12 $ 21 $ 52 n/a $ ' 28 Data Duplication -digital file Hobe - actual cosE actual cost n/a $ 21 $ 25 n/a $ '. 23 Data Duplication -using Plotter none :actual cosy actual cost $ 25 $ 2l $ 75 n/a -$ - ~ 40 Data Duplication - e-file copy on CD none ~. ~ actual costa actual cost n/a $ 21 $ 100 n/a $ 60 Printing charges -per page (maps, plans etc.) none "- ~-actual cost": actual cost n/a $ 10 $ 5 n/a $ -~.-8 Address Process Fee hotvly rate 1. $ '. 160 comp $ 81 n/a $ 200 $ 87 $ ~~ :123 All other co re oasts none ~ actual cos[:- actual cost n/a n/a n/a n/a Development Review Appeals ' ~ A eat of Dev Review decision to Plannin Comm $ 250 $ ~ 400 comp $ 100 $ 149 $ 139 $ 2,546 $ - 587 A eat of Plannin Commission decision to Council $ - 250 '$:: 600 'comp $ 100 $ 149 $ 277 $ 2,579 $ =621' City Bud et (available online ~ none $: 5 comp $ 45 $ 50 $ 50 n/a $ ~ 48'. 1 ~,~~r^.AS~ ` ~*>4 '^ ~^ ~ ~°Jr e ~ "a,°i~-c':~„ ~ k S ~1"a~ 3~ ~ £~a -YF` ~ p ~ye~ ~ `o-.'¢~*ila»~m:= ~ ° a a v~ ~r~~ ~ ~'"~~-~ "~ ~ Ri ~"k~~p': ~ ~ ' ~ „ . :. is Cammum RDevelo men[-plaunmaDia~sroh~ ~~», a ~ ~w~ s e ~ 1,~.~ ~ .,~ xta ~~r =~..~.,, ~ .fi t ~~ _ ~ ~ ~E. , ~. vv~~~ . ~. € *~_ .' Desi n Review Admin Review hourlyratia $ 3,479 $'. ~ 3;400 comp n/a $ 2,840 n/a $ 3,911 $ --.3,376. Design Review (Planning Comm Review) hourlyrate` $ 7,069 $; - 5;200 comp n7a $ 5,872 n/a $ 4,438 $ ~'S;I55 Incorporates: (1) Design Review Single Family Addition (2) Design Review Single Family New on Vacant Lot (3) Design Review Accessory SWC[ure Use Permit Fee (Planning Comm Review) hourly rate $ 7,082 $ ~- 4,400 comp $ 3,02 $ 5,872 $ 3,641 $ 4,868 $ 4;352 orates: ~~ Permit - No New Construction Permit -Addition to (incl demo & new cons[.) (3) Use Permit -Accessory Swcture ~• (4) Use Permit -New construction on vacant lo[ (5) Use Permit -Second Unit Planning Comm Tem orar Use Permit Plannin Comm hourlyrate $ 4,856 $ '' 2,600 comp $ 3,026 $ 1,133 $ 3,641 n/a $ 2;600 Tem ora Use Permit Admin Review hourly-rate-' $ 2,741 $. 425- comp n/a n/a n/a $ 425 $ : 425 Variance Application Fee hourlyl,rate? $ 5,775 $` 2,700'. comp $ 1,436 $ 1,418 $ 2,678 $ 4,940 $ 2;618 Incorporates : (1) Single Family (to incl. demo & constr) (2) Variance -Accessory S[mc[ure (3) Variance -New Consu. vacant lo[ Lot Line Ad'ustment hourly.rate<. $ 1,263 $':, . 1,500 comp $ 900 $ 2,370 $ 1,220 $ 1,358 $ .1,462 Sign Permits - (Planning Comm) $ i. 500 $ 3,864 $' L,800: comp $ 2,173 $ 1,660 $ 1,268 $ 1,975 $ 1;769 Menr orates Sin •[e and Mufti-Tenant A licatians Si nPermits-(Admin) $ - 200 $ 1,871 $ 300 comp - $ 297 n/a $ 267 $ 333 $ 299 Complex Project Fee: hourly m[e: actual cost ' actual cost - If it is determined that the applicaton 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 recover the City's actual costs. v '~.. s ~ ¢ i P ,%`~~~.4 h~ "~$P¢= q.A`"~k 1 tw ~'~ ~ wi\n` ~ ~" a, a, ^sn x T, Eb 3f~ E '^~ a ' ^, E r~ . aY t ~,^., ~ ®`~ Z d ~g a o- m~ `d'rt'A'} ff @ T~ a , r ~+P A~ ~.:f~..'wam ~ ®~ ,~-~ e' v ``$ ?'Y36~,r~F. ~~ " p~a+§ ~ ;;,, `51' ~ ~ k ~,, . ~, `SS~"'q~~° S~ ~~ ~ ~ Public,Works..PsrksDiviaiou.~,c, rx><~nv~v,~° «.-.r~, ~s,~,.'Y.~+..sr * ~~~>vva~~~, r~~°~.~ ~.~~ ~~~~-p. . .~F~...~ ~~.~~.~~ t y ~:~ ....;~ v ~ . ->a..~:;+~,~ . ~~R~~ ,,,~. Park Attendant Fee actual c o s[- $ - 200 averagecos [ n/a n/a n/a n/a $ ~ - - ~F °~~" ``~~9 ~F 'iA~2 #z'¢ir"i~~~ ~t$d i, ~^`M ~a4 r~-4 "'b ~^ & "i e @U ~ 5p ~i'„" ~ ~ ~f"X ~~~ 4 ,~v; ~ y R ti~"I x"."' ~ ° ~' ~ ~ ^ n y,~ a F'1 "rilA ~, .' 6 " ~ ~ 0. .p~,~,C, +D4 ffi~"~.~s~" p .g~ R~S~a~h ~d2 ~ £ §~I ~` ~' ~~45 A ~~,.R J ~ =f~Y v R~ ~~~~ ~i ' ad_~.-.~~ Recreadon~Facth Reefsls~.~,a~i",c+s«w~? .,~;~;~.~ ~~~ aM.-.~°~.~ ~~~~ ¢ ua a.a~w.-r .?~~ ~+ ~s-~?~~s ei ~v .~~~ a~~~ss- - a'~~ s»~ ',~„!~ Community Center- Facility Rental Fees Security Deposit $-;- ":100: _ $:, 300 com $ 300 $ 750 $ 600 $ 350 _. -$':- 500 Multi-Purpose Room with Kitchen ~ $ 175/Fiour $. 120/hdur. com ~ $ 110. $ 230. $ 550 $ 150 `$. " - 260 Senior Center Room with Kitchen $ ]00/hour $'. l 10/hour com $ 85 $ 125 $ 350 $ 100 $ 165 all Administration Building ference Room (no /on er avarloble or rent) - $ -230Ida - deletefee n/a n/a n/a n/a n/a - - Note -Rental fees are discounted 50% ar Nan-Pro tt Grou sand JO% or Sarato a Resident (limited to one discount er rental Attachment 2 RESOLUTION NO. . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A SCHEDULE OF FEES WHEREAS, the City Council annually adopts a resolution that establishes the fee schedule for the ensuing fiscal year, NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Section 1: The fees set forth in the Master User Fee Schedule are hereby established pursuant to the Saratoga City Code and shall be paid to or collected by the City for each of the applications, permits, extensions, renewals, services or other matters enumerated therein. No application shall be deemed filed or complete until all required fees have been paid in full to the City. Section 2: Resolution Number = _ and all amendments thereto are hereby repealed in their entirety, it being the intent of the City Council that the fee schedule adopted by this resolution shall supersede all prior schedules pertaining to the same subject matter. Section 3: This resolution shall become effective on July 1, 2007, and shall be applicable to all fees and deposits which are payable to the City from and after the effective date hereof. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18~h day of April, 2007, by the following vote: AYES: NOES: ABSTAIN: ABSENT: 3 Attachment 2 Aileen Kao, Mayor u Cathleen Boyer, City Clerk n \...J SARATOGA CITY COUNCIL MEETING DATE April 18, 2007 AGENDA ITEM: s ORIGINATING DEPT: Recreation CITYMANAGER• ~ ~-rs/ 1-~-' -~--' PREPARED BY: Michael Taylor DEPT HEAD: Michael Taylor, SUBJECT: Direction Regarding the Possible Purchase of the Portable Buildings Currently Located at the Community Center RECOMMENDED ACTION(S): Staff recommends that Council approve a budget amendment in the amount of $67,271 and approve a resolution authorizing the City Manager to enter into a contract for the purchase of the portable buildings currently used for recreation programs located at the Community Center. i REPORT SUMMARY: ""~ In December 2000, the City Council approved a lease for two portable buildings. A 24 x 40 building was to be used for "overflow" recreation programs. Since that time, the .Recreation Department has conducted karate, music, yoga for youth, rentals, adult evening classes, and other programs in the facility. A 24 x 63 building was leased to primarily house the preschool program. The preschool program, which had been in operation since 1989, moved from the arts and crafts room at the Community Center into the larger portable. The original lease expired in December 2005 and was continued by amendment on an annual basis. The current expense for leasing the two portables is $1,606 per month ($19,277 annually). Programming recreation activities in the buildings produces approximately $$2,193 per month ($26,314 annually) in revenues. Additional operational expenses are incurred for gas, electricity, water, and maintenance so there is no net revenue. In the process of renewing the lease for the next term, staff conducted a cost analysis of leasing the portables on a year-to-year basis, an extended five-year lease, and purchasing the buildings. If Council plans to retain the portable buildings, as recommended by staff, best practices would dictate the purchase of the buildings if financially possible. Purchasing the portables would realize a return on the investment in three-and-a-half years over the continued leasing. The savings over afive-year term of the lease would be $23,425 plus the direct revenues of approximately $26,314 per year realized from programming in the facilities. a A synopsis of projected costs is listed in the following table. Removal Monthly Annual 5 Year Lease Purchase Building Cost Lease * Lease Cost * Cost Cost 24 x 60 $3 520 - Pre-School , $1,024 $12,288 $61,440 $37,196 $4,230 Buildin 24 x 40 288 - $3 Recreation , $3 838 $488 $5,851 $29,256 $30,075 Building- TOTAL $6'808 .$1,502 $18,139 $90,696 $67,271 $8,068 * Indicates new reduced rates based upon renegotiated eve year) lease. Staff recommends That Council approve a budget amendment in the amount of $67, 271 and authorize the City Manager to enter into a contract for the purchase of the portable buildings. Funding is available as a result of substantial savings in a planned roofing project that has been found to be unnecessary after closet inspection, minor repairs, and improved maintenance. The current budget reflects a savings of approximately $78,000 that could be re-appropriated from Building Maintenance Projects to the purchase of the portables. FISCAL IMPACTS: The initial impact to the Building Fund will be $67,271. Savings in the amount of approximately $76,000 from deferred roof repairs realized through a re-evaluation of the need for such repairs currently in 100-1093-564-5089 would be moved to 503-1093-564-6002 to fund the purchase. CONSEQUENCES OF NOT FOLI:OWING RECOMMENDED ACTION: If Council does not approve the purchase, ongoing rental costs will occur. ALTERNATIVE ACTION: Council could decide to continue to rent the buildings and renew the lease on a 5-year contract. This would result in ongoing costs of $$18,139 each year as described. Council could decide to continue to rent the buildings and renew the lease on a year-to-year contract. This would result in ongoing costs of $19,277each year as described. Council could decide to eliminate the monthly rental and discontinue ]easing the portables. This would result in a one-time cost of $6,808 to $8,068 for the removal of the buildings and the loss of programming space for recreation programs and the attached revenues of those activities. FOLLOW UP ACTION: Adopt resolution, amend budget, and sign contract. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: A -Resolution ' B - "Purchase Off Rent Quote" from Mobile Modular C -Limited Power of Attorney D -Confirmation of Purchase form RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE AGREEMENT WITH McGRATH RENTCORP, dba MOBILE MODULAR MANAGEMENT CORPORATION FOR THE PURCHASE OF TWO MODULAR BUILDINGS CURRENTLY LOCATED AT THE COMMUNITY CENTER WHEREAS, the City Council at their meeting on April 18, 2007 directed staff to purchase the two existing portable buildings located at the Community Center site, WHEREAS, the City Council requested that the buildings be purchased before the end of the current fiscal year, WHEREAS, savings in the amount of approximately $76,000 from deferred roof repairs realized through a re-evaluation of the need for such repairs currently in the Building Fund 100- 1093-564-5089 are available for re-allocation, WHEREAS, the amount of $67,271 will be moved from the Building Fund 100-1093- 564-5089 to Fixed Assets 503-1093-564-6002 to fund the purchase. NOW, THERFORE, the City Council of the City of Saratoga hereby resolves as follows: To authorize the City Manager to enter into an agreement to from Mobile Modular, AND BE IT FURTHER RESOLVED, that the City Manager is authorized to approve the Agreement with Mobile Modular Management Corporation purchase two portable buildings in the amount of $67,721. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of Apri12007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk ~~ -~- Purchase Off Rent Quote Lease Reference # 127oos tTlObl'~2 ~ Mobile Modular Management Corporation Date of Quote: 0411.1_/0.7_ ___ _- madu ar 5700 Las Positas Road, Livermore, CA 94551 24 x 4o SN# 622A Mfg AM Ph (925) 606-9000 Fax (925) 453-3201 '-------_.-._._._._.____...._._._..___~__._......__: Quote By: Chris Snyder www. MobileModularRents. com Customer: City of Saratoga Attn: Michael Taylor 19855 Allendale Avenue, Phone: (408) 868-1250 Saratoga, CA 95070 Fax: mtaylor@saratoga.ca.us Thank you for your interest in buying your leased modular classroom building. Mobile Modular Management Corporation (MMMC) would like to offer the following purchase pricing: Sale Price: $27,783.00 Steps: N/A Misc: NIA License Fee': N!A Ramp: NIA Misc: N/A Transfer Fee"*: N/A Piers and Pads: N!A Misc: N/A Tax: $2,292.10 Total Sale Price: $30,075.10 Additional Notes All existing equipment is sold as is and where is with no warranties or guarantees express or implied. Additional Information If you would like to proceed with the purchase of this building please sign and return this document or your authorized purchase order to MMMC. We will process the invoice for your purchase. Authorization Signature below indicates understanding of and agreement to the terms and charges listed above. Print Name: Title: Price quoted is valid for 30 days from the date of this letter. Please be aware that rent is due until the purchase price quoted above and all open account balances on this account are pald in full. Thank you for contacting Mobile Modular. Please call, Chris Snyder, at (925) 606-9000 with any questions or comments. Signature: Date: Page 1 of 1 Purchase Off Rent Quote Lease Reference# '127009 Il'1QbfI2 Mobile Modular Management Corporation Date of Quote: 04/11/07 modular ~--~----.__.._..__.._.._..__.-..__....--...._; 5700 Las Positas Road, Livermore, CA 94551 ;24 x 63 SN# 1234 Mfg OS ~__ Ph (925) 606-9000 Fax (925) 453-3201 Quote By: Chris Snyder www. MobileModu IarRents.com Customer: City of Saratoga Attn: Michael Taylor 19655 Allendale Avenue, Phone: (408) 866-1250 Saratoga, CA 95070 Fax: mtaylor@sa ratoga.ca.us Thank you for your interest in buying your leased modular building. Mobile Modular Management Corporafion (MMMC) would like to offer the following purchase pricing: Sale Price: $33,434.00 Steps: N/A Misc: NIA License Fee*: $1,003.02 Ramp: NIA Misc: N/A Transfer Fee**~ N/A Piers and Pads: N/A Misc: N/A Tax: $2,758.31 Total Sale Price: $37,195.33. Additional Notes All existing equipment is sold as is and where is with no warranties or guarantees express or implied. Additional Information If you would like to proceed with the purchase of this building please sign and return this document or your authorized purchase order to MMMC and we will send the necessary documents to transfer tltie. Paperwork must be completed promptly and returned. Authorization Signature below indicates understanding of and agreement to the terms and charges listed above. Print Name: Title: Signature: Date: _ "License fee is estimated at 3% for non-school or government customers, actual fees will be reconciled at time transfer of title. '`"Eligible government agencies will pay a $45.00 transfer fee per floor. Price quoted is valid for 30 days. from the date of this fetter. Please be aware that rent is due until the purchase price quoted above and all open account balances on this account are paid in full. Thank you for contacting Mobile Modular. Please call, Chris Snyder, at (925) 606-9000 with any questions or comments. Page 1 of 1 . McGrath RentCorp • mobile ~ dba modular Mobile Modular Management Corporation 5700 Las Positas Road, Livermore, CA 94551 Ph (925)606-9000 Fax (925)453-3201 LIMITED POWER OF ATTORNEY To the Department of Housing and Community Development, Sacramento, California, and to whom it may concern: City of Saratoga does hereby appoint Mobile Modular Management Corporation, a California Corporation, its true and lawful attorney in fact, only to sign papers and documents that may be necessary in order to secure registration of or transfer of my or my company's interest in the equipment described below. C/L DECAL MFG Serial # FULL-SERIAL NUMBER 87307 CCF4109 OS 1235 OSIF241235 87308 CCF4108 OS 1234 OSIF241234 City of Saratoga Signed: Authorized Customer --Signature Ref: Sale Number: 127009 SF Date: mobile // modular McGrath RentCorp dba Mobile Modular Management Corporation C~ CONFIRMATION FORM Please complete this confirmation form, sign and return it to Mobile Modular Management Corporation PRIOR TO PURCHASE of the equipment. If the equipment is currently on lease, rent will continue until this form and any other documents requested are signed and returned. Customer: City of Saratoga Sale: 927009 SF (Print or Type) 1. Name of company as it should appear on the title: • 2. Mailing Address: Street Address City, State, Zip and County 3. Lienholder's Name and address, if any (write "NONE" if there is none): 4. Equipment Location: 5. Authorized Signature: (Print Name and Tille •