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Home My WebLink About07-20-2005 City Council Agenda " ~.A1r!i ",,\1, ~tI.'!';'. ~ </ .....-<t~' "~,, cD ~ ~, ~/- i,<) d_ -(qj) ri'Ji '0'') '-.~: V AGENDA REGULAR MEETING SARATOGA CITY COUNCIL JULY 20, 2005 REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUlTV ALE 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 July 15, 2005) NEW BUSINESS I. Selection of Presiding Officer Recommended action: Select a Presiding Officer for tonight's City Council meeting. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Al!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 aud Commissions None Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS None Vice Mavor Norman Kline County Cities Association Leg. Task Force Library Joint Powers Association SCC Cities Association-Joint Economic Development Policy Committee (JEDPC) Valley Transportation Authority PAC Village AdHoc Kevin Moran Park AdHoc Councilmember Nick Streit Reeyc1ing & Waste Reduction Commission of see Santa Clara County V alley Water Commission West Valley Solid Waste Joint Powers Association West Valley Sanitation District City/School AdHoc Councilmember Aileen Kao Chamber of Commerce County HCD Policy Committee Peninsula Division, League of California Cities Councilmember Ann Waltonsmith KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Saratoga Historic Foundation Sister City Liaison Fire District Boundary Drop 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) 4 3H. Acceptance of Settlement and Mutual Release Agreement with the Silicon Valley Animal Control Authority (SV ACA) Recommended action: Authorize execution of Settlement and Mutual Release Agreement with SV ACA. PUBLIC HEARINGS 4. Amend City Code Section 3-05.010 Regarding Fines for Violations of the Building Code and other Ordinances Recommended actiun: I. Hold the public hearing and consider all testimony. 2. Introduce the Ordinance by reading its title and waiving the first reading. 3. Direct staffto place the Ordinance on the consent calendar for second reading and adoption at the next regularly scheduled Council meeting. 4. Approve Resolution amending the FY 05/06 Budget. OLD BUSINESS None NEW BUSINESS 5. Award of Contract for Street Sweeping Services Recommended action: I. Move to award Street Sweeping Contract to Universal Sweeping Services in the amount of$75,993. 2. Move to authorize the City Manager to execute a Street Sweeping Contract with Universal Sweeping Services. 3. Approve $5,000 allowance for additional street sweeping services as needed. 4. Approve Resolution amending the FY 05/06 Budget. ADHOC & AGENCY ASSIGNMENT REPORTS Mavor Kathleen Kin!! Association of Bay Area Government Hakone Foundation Liaison Santa Clara County Cities Association Santa Clara County Emergency Preparedness Council SASCC West Valley Mayors and Managers Association 3 Certificate of Posting of Agenda; J, Cathleen Boyer, 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 July 15, 2005 at the office 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 www.sarato!!a.ca.liS :flJi!d;;;;/;; (t;:;:::t;? City Clerk CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2005 8/3 Regular Meeting - Joint Meeting with Chamber of Commerce 8/17 Summer Recess 9/7 Regular Meeting - Joint Meeting with Hakone Foundation 9/21 Regular Meeting - Joint Meeting with Villa Montalvo Board 10/5 Regular Meeting - Joint Meeting Historical Foundation 10/19 Regular Meeting - Quarterly Meeting with Planning Commission 11/2 Regular Meeting - Joint Meeting with Friends of the Saratoga Libraries 11/16 Regular Meeting - Joint Meeting with Mt. Winery 12/6 Special Meeting - Council Reorganization 12/7 Regular Meeting 12/21 Regular Meeting 1/4 Regular Meeting FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: N/A 20f2 ORIGINATING DEPT: City Manager's Office SARATOGA CITY COUNCIL AGENDA ITEM: f CITY MANAGER: eJ...:7 ~L '"", MEETING DATE: July 20, 2005 PREPARED BY: DEPT HEAD: Dave Anderson, City Manager SUBJECT: Selection of Presiding Officer RECOMMENDED ACTION: Appoint a Presiding Officer for tonight's meeting. REPORT SUMMARY: Mayor King and Vice Mayor Kline will both be absent at the July 20th City Council meeting. The City Code provides that when the Mayor and Vice Mayor are absent from a meeting, the remaining Councilmembers select among themselves a person to act as presiding officer. That person acts until the MayorNice Mayor returns City Code Section 2-10.080 states the following: (a) The presiding officer of the City Council shall be the Mayor, or in his absence, the Mayor pro tempore. He shall take the chair precisely at the hour appointed for the meeting and shall immediately call the City Council to order. In the absence of the Mayor or Mayor pro tempore, the City Clerk shall call the City Council to order, whereupon, a temporary presiding officer shall be elected by the Council members present. Upon the arrival of the Mayor or Mayor pro tempore, the temporary presiding officer shall immediately relinquish the chair upon the conclusion of the particular business immediately before the Council at that time. Wherein this Article the term mayor is used, it shall apply equally to the presiding officer as defined in this Section. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The meeting would have to be cancelled. ALTERNATIVE ACTION: N/A TO 't CITY OF SARATOGA PROCLAMATION DECLARING JULY 24, 2005 AS "BILLY JONES DAY" WHEREAS, William;'Billy" Jones was born in 1883 and, to help support his family, began his railroading career at the age of 13 as a roustabout for the Southern Pacific Coast ("Narrow Gauge") Railroad Company; and WHEREAS, Billy spent 25 years operating his "Wildcat Railroad" and providing rides to little kids and "big kids" around his nine acre ranch at Daves Avenue and Winchester Boulevard; and WHEREAS, he was involved in civic affairs as a member of the Board of Directors of the Prune and Apricot Growers Association, The Orchard City Grange, and the First Presbyterian Church; and WHEREAS, the Los Gatos Chamber of Commerce named him "Man of the Year" in 1952; and WHEREAS, upon his death in 1968, many of his friends petitioned the Los Gatos Town Council to save his Wildcat Railroad; and WHEREAS, a group of local area business people formed a non-profit corporation to raise funds to purchase the railroad from his estate and move it to a corner of Oak Meadow Park and a portion of Vas on a Park in Los Gatos; and WHEREAS, through their efforts, the organization was successful in rebuilding the miniature railroad and placing it into service between the two park systems in 1969; and WHEREAS, the popular little steam railroad has become a landmark not only for the Town of Los Gatos, but also for the Santa Clara County region having served nearly 4 million riders over the last 35 years; and WHEREAS, Billy Jones' original little "2 Spot" engine celebrates its 100th birthday this year having been in service for nearly 80 years since its construction in 1905 for the Venice Miniature Railway in Los Angeles. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga expresses its appreciation for the Billy Jones Wildcat Railroad in Los Gatos and does hereby declare Sunday, July 24,2005 as "Billy Jones Day" in honor of his service to the community. Witnessed our hand and seal of the City of Saratoga on this 20th day of July 2005. I Kathleen M. King, Mayor Saratoga, California rb. ..l SARATOGA CITY COUNCIL MEETING DATE: July 20, 2005 AGENDA ITEM: CITY MANAGER: DEPT HEAD: PREPARED BY: Ca I rk SUBJECT: Proclamation Declaring July 24, 2005 As Billy Jones Day 2- 07J~ RECOMMENDED ACTION: Present proclamation. REPORT SUMMARY: Attached is a proclamation declaring July 24,21005 as Billy Jones Day. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of proclamation. MINUTES SARATOGA CITY COUNCIL JUNE 1, 2005 The City Council of the City of Saratoga held a Joint Session with the Saratoga-Monte Sereno Community Foundation (SMSCF) in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Board members were present: Tracy Enfantino, Clarence Stone, and Jeff Schwartz. Ms. Enfantino explained the following regarding the Foundation: . Received their 501c3 status in February 2005 . Under the umbrella ofthe Silicon Valley Community Foundation. . Consists of7 board members and 75 members . Expenses under $20,000 . Considering purchasing accounting software . I year anniversary approaching . New focus on arts and cultural activities and grants Mr. Stone explained a recent grant that was given to East Field Ming Quang. Mr. Stone also described the recent event held at the home of Wanda Kownacki. Mayor King thanked the Foundation for attending tonight's meeting. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. Conference with Legal Counsel- Initiation of Litigation (Gov't Code 54956.9(c): (I potential case) Conference With Legal Counsel- Existing Litigation (Gov't Code Section 54956.9(c): (I case) - Thompson Pacific Construction v. City of Saratoga (Santa Clara County Superior Court Action No. 104 CV021639) Mayor King called the Regular City Council meeting to order at 7:00 p.m. and requested that Citizen Ray lead the Pledge of Allegiance. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councihnembers Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King None Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Joan Pisani, Recreation Director SARA TOGA CITY COUNCIL MEETING DATE: July 20, 2005 AGENDA ITEM: ORIGINATING DEP;.:. <pt) ~a~ager's Office CITY MANAGER: .6? ~ c:::7/ PREPARED BY, ~~ DEPT HEAD' Cathleen Boyer, City . rk Dave Anderson, City Manager ~~, SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting - June I, 2005 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Minutes June 1,2005 SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KLINE/W AL TONSMITH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2B ANNUAL APPROVAL OF THE CITY'S INVESTMENT POLICY STAFF RECOMMENDATION: Approve the Investment Policy for the Fiscal Year 2005-2006. KLINE/W AL TONSMITH MOVED TO APPROVE INVESTMENT POLICY. MOTION PASSED 5-0. 2C FISCAL YEAR 2005-2006 APPROPRIATION LIMIT STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 05-040 KLINE/W AL TONSMITH MOVED TO ADOPT RESOLUTION APPROVING THE FISCAL YEAR 2005-2006 APPROPRIATION LIMIT. MOTION PASSED 5-0. 2D SUPPLEMENT AL LAW ENFORCEMENT SERVICES FUNDS (SLESF) STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 05-036 KLINE/W ALTONSMITH MOVED TO ADOPT RESOLUTION AUTHORIZING THE CONTINUED USE OF THE FUNDS AS A SOURCE OF FUNDS FOR ADDITIONAL PUBLIC SAFETY SERVICES. MOTION PASSED 5-0. 3 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUNE 1.2005 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting ofJune 1,2005 was properly posted on May 27,2005. ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Citizen Ray thanked Director Cherbone for his efforts in regards to the Highway 9 Safety Improvement Project. Citizen Ray stated that the in two weeks the Public Warks Directors of Los Gatos, Monte Sereno and Saratoga were meeting to move forward on additional improvements. Norman Siegler referred to a recent article in the Saratoga News regarding a site visit that was scheduled at the property located at 19848 Prospect Road (North Campus). Mr. Siegler stated that he feels the citizens have not been given enough notice for this site visit. COUNCIL DIRECTION TO STAFF Responding to Mr. Siegler's concerns, City Manager Anderson explained that neighbors within 500 feet of the property were noticed of the site visit. City Manager Anderson stated that this site visit was not intended to be a general public meeting but a neighborhood meeting to gather comments and concerns of the neighbor directly affected by the proj ect. City Attorney Taylor added that a public notice would be sent out when the General Plan amendment comes before the City Council later this sunnner. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Jeff Schwartz noted that he was representing the Saratoga Monte Sereno Community Foundation Board. Mr. Schwartz noted that the Board met with the City Council earlier this evening to update them on the Boards recent accomplishments and future plans. Mr. Schwartz noted that the Foundation has raised approximately $104,000. Mr. Schwartz noted that grants were available through the Foundation and the application was on their website- www.smscf.org. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS None 2 STAFF RECOMMENDATION: Conduct the public hearing; adopt resolution. RESOLUTION: 05-038 Christy Oosterhous, Associate Planner, presented staff report. Planner Oosterhous explained that at a public hearing held on April 13, 2005 the Planning Commission approved a conditional use permit application to install three panel antennas, an emergency generator, and an uncovered equipment enclosure. Planner Oosterhous pointed out that at the April 20, 2005 City Council meeting, the Council directed the City Clerk to initiate the proceedings pursuant to City Code section 15-90.065 for review by the City Council ofthe decision made by the Planning Commission in April 13, 2005 to approve the Use Permit application 04- 065. Planner Oosterhous stated that to address concerns regarding safety, the applicant has revised the proposal from an uncovered fence enclosure to a small building with a pitched roof. In regards to the landscaping concerns, Planner Oosterhous explained that the applicant would install and maintain the landscaping and landscaping improvements in accord with the Landscape Plan submitted with the application. The applicant shall also secure the performance of the installation and maintenance obligation by providing security in the form of a cash deposit of $2,500. Mayor King opened the public hearing and invited public comments. The following people requested to speak on this item: Karen McPherson, representing Verizon Wireless, stated that she is satisfied with the conditions the City's Attorney has proposed. Citizen Ray recommended that the City adopt the City ofOrinda's cell tower ordinance. Mayor King closed the public hearing. STREIT/KLINE MOVED TO ADOPT RESOLUTION GRANTING THE APPEAL WHICH REOUIRES MODIFICATIONS TO THE APPROVED CONDITIONAL USE PERMIT APPLICATION FOR 12383 SARATOGA SUNNYVALE ROAD. MOTION PASSED 5-0. 5 2E SEAGULL WAY TRAFFIC SIGNAL PROJECT - NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. KLINE/W AL TONSMITH MOVED TO ACCEPT NOTICE OF COMPLETION FOR THE SEAGULL WAY TRAFFIC SIGNAL PROJECT. MOTION PASSED 5-0. 2F CONGRESS SPRINGS PARK VERTICAL BYPASS PROJECT -NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. KLINE/W AL TONSMITH MOVED TO ACCEPT NOTICE OF COMPLETION FOR THE CONGRESS SPRINGS PARK VERTICAL BYPASS PROJECT. MOTION PASSED 5-0. 2G COUNCIL RESOLUTION TO AUTHORIZE SUBMITTAL OF TDA ARTICLE GRANT FUNDING PROGRAM FOR THE COX AVENUE RAILROAD CROSSING UPGRADE PROJECT, AND DELEGATE AUTHORITY TO CITY MANAGER TO EXECUTE FUNDING AGREEMENTS FOR THIS GRANT STAFF RECOMMENDATION: Adopt resolution; Authorize City Manager to execute funding agreements. RESOLUTION: 05-035 KLINE/W ALTONSMITH MOVED TO ADOPT RESOLUTION AUTHORING THE SUBMITTAL OF A GRANT APPLICATION THROUGH TDA ARTICLE 3 FUNDING PROGRAM FOR THE COX AVENUE RAILROAD CROSSING UPGRADE PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE FUNDING AGREEMENT FOR THE GRANT WITH THE STATE OF CALIFORNIA. MOTION ASSED 5-0. PUBLIC HEARINGS 3. APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A CONDITION USE PERMIT APPLICATION TO INSTALL THREE PANEL ANTENNAS, AN EMERGENCY GENERATOR, AND AN UNCOVERED EQUIPMENT ENCLOSURE AT THE LOCATION OF AN EXISTING UTILITY LATTICE TOWER NEAR AZULE CROSSING ALONG RAILROAD TRACKS - VERIZON WIRELESS 4 Director Cherbone noted that at the May 18th Council meeting, residents from the KMP neighborhood asked Council to delay the re-start of the KMP public process until October 5, 2005. Because the request came under oral communications the Council was not able to discuss the request in any detail. Council directed staff to agendize the issue for June 1,2005. Director Cherbone noted that at this time staff is prepared to move forward with the preparation of a report outlining a public input process and timeline for the KMP project. Staffrequests direction from Council regarding the schedule for submission of a report which would include the following: . The full history regarding the development of KMP. . Reconstitution ofthe KMP task Force to include more neighborhood participation . Park use designation (i.e. Community vs. neighborhood park issues) . Other flat grass opportunities in the City including West Valley College and other school campuses. Councilmember Streit requested that he be removed from the Kevin Moran AdHoc Committee. Vice Mayor Kline asked why the neighbors requested that the next discussion regarding KMP be scheduled to October. Director Cherbone explained that the neighbors felt that due to sunnner vacations and the start of a new school year, it would be too difficult for citizens to participate in meetings. Mayor King noted that there was several request form the public to speak on this item. Laura Watkins noted that she has three children with a total of 19 years with CYSA and A YSO. Ms. Watkins stated that there is a need for flat grass in the City of Saratoga. Ms. Watkins stated that CYSA has requested that they be allowed to send a representative to join the KMP Task Force. Deb Dimaria commented that soccer fields at KMP would be disastrous to he neighborhood. Nicholas Dimaria stated that he has played for A YSO. Mr. Dimaira stated that he does not support soccer fields at KMP. Neil Newman noted that this process has been going on for the past 28 years. Mr. Newman stated that the neighborhood has requested that the City leave the park as IS. 7 4. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-l- PUBLIC HEARING, APPROVAL OF ENGINEER'S REPORT, AND CONFIRMATION OF ASSESSMENTS FOR FY 05-06 STAFF RECOMMENDATION: Open public hearing and adopt resolution ordering the improvements and confinning the diagram and assessments for FY 05-06. RESOLUTION: 05-037 John Cherbone, Public Works Director, presented staff report. Mayor King opened the public hearing and invited public comments. Seeing none, Mayor King closed the public hearing. KLlNE/W AL TONSMITH MOVED TO APPROVE THE ENGINEER'S REPORT. AND CONFIRMATION OF ASSESSMENTS FOR FY 05-06 FOR LLA-l. MOTION PASSED 5-0. OLD BUSINESS 5. KEVIN MORAN PARK (KMP) IMPROVEMENT PROJECT - SCHEDULE STAFF RECOMMENDATION: 1. Provide direction regarding the timeline for the Kevin Moran Park Improvement Project public input process. 2. Reconstitute the Kevin Moran Park Council AdHoc Committee. John Cherbone, Public Works Director presented staffreport. Director Cherbone explained the background ofKMP. Director Cherbone noted that on July 21,2004 the City awarded a consulting contract to MP A Design for professional design services for the park project. Subsequently, a Task Force was appointed by the Council to hold public input meetings with the community. The first Community Meeting was held on July 28, 2004 and was very well attended by the KMP neighborhood residents. It was clear from the input received from the community that inclusion of flat grass for soccer, a restroom, and a parking lot were not the neighborhood's vision of how the park should be developed. Director Cherbone noted that on August 4,2004 the Council directed staff to suspend the project so that additional research and options for flat grass at other locations in the City could be explored. Subsequently, a letter indicating Council's direction was mailed to the KMP neighborhood residents on August 6th. 6 Jules Farago stated that the streets around KMP are not wide enough to support an increase in parking and traffic. Graham Mostyn requested that the City Council listen to the neighbors and leave KMP as is. Mr. Mostyn stated that the neighborhood around KMP has no sidewalk and would be dangerous if the traffic were increased. Karlina Ott stated that her son died last year. Ms. Ott pointed out that when he was alive and played soccer he never once practiced at any Saratoga parks. Ms. Ott stated that her taxes help support KMP and asked when does she get to use the park. Mary Ann Escobar stated that she has lived in Saratoga since 1963 and supports soccer fields at KMP. Ed Rogers noted that he moved to the KMP neighborhood six years ago. Mr. Rogers stated that if soccer field go into KMP he would sell his house. Marty Goldberg requested that the process for KMP be open forum with public participation. Ken McKenzie stated that his family would like to adopt some of the orchard to maintain and suggested that KMP be developed for multiple uses. David Mighdoll stated that Saratoga children who play soccer have to practice in other cities. Mr. Mighdoll stated that KMP is a community park, paid for by Saratoga resident's taxes. Mr. Mighdoll stated that everyone should be able to use KMP. Mayor King thanked the speakers. Referring to the Council KMP AdHoc Committee, Vice Mayor Kline stated that he is dedicated to be a neutral as possible - his children do not play soccer and he doesn't live near KMP. Vice Mayor Kline stated that the intention of tonight's agenda item was not to discuss the merits for or against soccer fields at KMP, the item placed on the agenda tonight was to discuss the timeline to begin the process to develop the park. In regards to the Council Ad Hoc, Vice Mayor Kline noted that the Ad Hoc should not be setting policy or driving issues, it should be setting up the framework for the process. The AdHoc should try and negotiate a solution in which everyone is happy. Vice Mayor Kline suggested that both sides choose a leader to represent them in the process. Vice Mayro Kline noted that the Ad Hoc should work through the summer with staff and put together the process to begin on September 15, 2005 and put together 20-25 people to form a committee and discuss the issues. 9 Debbie Lillo noted that the DeAnza League A YSO is in danger of loosing their field use in the City of Cupertino. Mr. Lillo stated that for many years there has been an ongoing battle between Council and neighborhoods regarding the use of flat grass for soccer, and the Councilmembers always back down. Phyllis Newman stated that KMP is a neighborhood park not a community park. Ms. Newman stated that she is opposed to soccer fields at this park. James Williamson stated that he is opposed to soccer fields at KMP. Narash Kapoor noted that he has three children that play soccer. Mr. Kapoor stated that the City Council should not entirely focus just on soccer, but must consider all sports that could utilize flat grass such as like frisbee, volleyball, and lacrosse. Mr. Kapoor noted that he has reviewed the minutes and noticed that two Councilmembers have strong opinions on the use ofKMP. Bob Alley stated that his house was directly across the street from KMP. Mr. Alley requested that the City do an EIR and traffic study. Mr. Alley stated that he is not opposed to the development of the park but doesn't feel soccer fields are appropriate. Howard Miller stated that 1,200 Saratoga children registered with A YSO last season. Mr. Miller requested that the City create a process in order to hear everyone's comments. Teresa Lorenzen noted that she lives across from the park and stated that she agrees that the City should wait until October for further discussions regarding KMP. Nicholas Lorenzen stated that he is opposed to soccer fields at KMP. Sandy Cross stated that soccer fields at KMP are not compatible with the neighborhood. Ms. Cross pointed out that the traffic in her neighborhood was already bad. Barbara Barone stated that traffic is already bad in the neighborhood around KMP. Ms. Barone stated that the orchard trees create a buffer from the noise from Highway 85. Mary Robertson stated that the she supports the process to start in October. Ms Robertson explained a situation of an autistic child in the neighborhood who visits KMP frequently. Ms. Robertson stated that the child's mother has expressed her concerns regarding the possible changes in the park. Keith Bratia noted that he has lived in the KMP neighborhood with his family for three years. Mr. Bratia stated that KMP is a neighborhood park and the City should leave it as is. 8 . POST ALL REPORTS, MINUTES AND ACTION ITEMS NEED TO BE POSTED ON THE WEB MOTION PASSED 5-0. Mayor King called for a recess at 9: 15 p.m. Mayor King reconvened the meeting at 9:30 p.m. 6. PRESENT A TION BY JACK MALLORY OF THE CITIZEN'S COMMITTEE TO SAVE THE NORTH CAMPUS STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone stated that at the May 18, 2005 City Council meeting, Jack Mallory Chairman ofthe Citizen's Committee to Save the North Campus requested that the City delay the sale of City owned property locate at 19848 Prospect Road for one year. Because the request came under oral communications the City Council was not able to discuss the request in any detail. City Council directed staff to agendize the issue for the next meeting on June 1 st for discussion. Jack Mallory noted that he was the Chair for the Citizen Committee to Save the North Campus. Mr. Mallory stated that when the City purchased the property, the Council told Grace Methodist them that the property would be used for public uses. Mr. Mallory read the City's vision statement and stated that saving the North Campus fits the vision of Saratoga. Mr. Mallory stated that the Committee has 25 members and they have received in pledges and real money approximately $50,000. Mr. Mallory stated that they also received a donation of $5,000 worth of adverting. Mr. Mallory pointed out the Committee would be holding an "Open House" at the North Campus on June 12, 2005. Mr. Mallory explained to the Council that achieving their goal would take time and requested that the City wait until June 30, 2006 to sell the property. Mr. Mallory also requested that they be allowed to erect a sign on the property signifying that it is was the North Campus. Mr. Mallory stated that if the City agrees to wait one year to sell the property the Committee promises to: 1. Pay for the cost of the maintenance of the property 2. Continue fundraising with the goal to raise $6.5 million Aki Okuno noted that she was a 47 year resident of Saratoga. Ms. Okuno stated that she was a member of Grace Methodist Church when the City purchases the property. Ms. Okuno stated that the Church members were under the impression that the City would use the property for public uses. Mary Smith stated that after listening to the comments regarding KMP she thinks more people could utilize the property - not just the seniors. 11 Councilmember Streit stated that he supports agendizing KMP for discussion on September 15, 2005. Councilmember Streit suggested that the AdHoc and Task Force work throughout the summer and the Council hold special meetings strictly to discuss KMP in September of October. Councilmember Streit stated that he feels that the Council owes it to the entire city, based on the emailsreceived.to find out what the whole city wants not just what the neighbors around the park want. Councilmember Kao thanked everyone for attending tonight's meeting and volunteered to replace Councilmember Streit on the Council AdHoc. Councilmember Kao stated that she doesn't have children who play soccer and can listen to both sides with an open mind. Councilmember Koa reiterated that fact that the Council does not meet behind closed doors to discuss issues - it would be in violation of the Brown Act. Councilmember Waltonsmith stated she feels October is a little late to start the process. Councilmember Waltonsmith stated that the North Campus has flat grass that could be utilized for organized sports, but unfortunately the Council has decided to sell it, which will put more pressure on the remaining flat grass in the City. Councilmember Waltonsmith stated that the Ad Hoc should be given a chance to develop a process and some options. Mayor King stated that she is offended that citizens think the Council is making decisions behind closed doors. Mayor King stated that she feels the entire process should be open to the public and the AdHoc and Task Force should be cancelled. Mayor King stated that soccer is not the only sport that needs flat grass. Vice Mayor Kline stated that all meetings are open to the public, the issue is what is functional and can we have a nice discussion at a City Council meeting. Vice Mayor Kline stated that it's impossible to do it that way. Functionally, you need to be able to roll up your sleeves and look at plans and find compromise. Vice Mayor Kline noted that he would like to offer a compromise and stated that all Ad Hoc minutes and reports be posted to the website so everyone who has an interest can follow the process alone. Councilmember Streit stated that the KMP issue has two huge differences of opinions on the development of the park. The Council needs to make a decision by the first meeting in December one way or another. Councilmember Streit stated he is willing to give the AdHoc and the Task Force a chance to come up with a compromise or a solution. Councilmember Waltonsmith stated that she agrees with Councilmember Streit. KLINE/STREIT MOVED TO: . REPLACE COUNCILMEMBER STREIT WITH COUNCILMEMBER KAO ON THE KMP ADHOC COMMITTEE . DIRECT THE ADHOC COMMITTEE TO BEGIN THE PROCESS AND CHOOSE THE TASK FORCE MEMBERS TO BEGIN NO LATER THAN SEPTEMBER 15TH - 2 CITY COUNCIL, 3 NEIGHBORHOOD, 2 USER GROUPS, AND 2 AT LARGE 10 Mayor King stated that she would like another appraisal done. Referring to open space, Mayor King stated that the City has a lot of open space and provided examples. Mayor King stated in order to maintain the City's streets and roads; the property on Prospect Road needs to be sold and move forward with the original plan. Mayor King asked City Attorney Taylor if the Council would need to take the highest bid when the property is put on the market. City Attorney Taylor responded that if it is in the best interest of the community- the Council could take the lowest bid. A discussion took place to the fact that the property located 19848 Prospect Road has never officially been named the "North Campus". Consensus of the City Council to move forward with the sale ofthe property. 7. CITY'S 50TH ANNIVERSARY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that the City was incorporated on October 22, 1956, and will be celebrating its 50th anniversary in 2006. If the City intends to commemorate this occasion, however big or small, planning needs to begin soon. Director Pisani explained the City's 25th anniversary celebration. Director Pisani explained that ideally, the celebration should be structured so it is an all-volunteer effort with minimal City staff involvement. Director Pisani stated that staff recommends appointing a Chairperson and then recruit people to be on a steering committee. Once the committee is formed they could develop a celebration plan with a list of proposed programs and special events. After a tentative schedule is established, community service groups and organization could be recruited to take responsibility for individual events. Director Pisani explained stated that if a group agrees to sponsor an event perhaps they would also fund it. Director Pisani recommended that once the celebration plan is established, a budget should be developed. Director Pisani noted that she has talked to several people who have expressed interest in helping with the 50th Anniversary commemoration and noted that she would be willing to get this event off the ground and provide minimal support throughout the coming year. 13 Stan Bogosian stated that he was on the Council when the property was purchased. Mr. Bogosian stated that he supports selling the property and putting the money back into the City's General Fund. Mr. Bogosian noted that the original reason for purchasing the property was to move the Senior Center there and relocate the Sheriffs Office at the current Senior Center facility. Unfortunately, Councilmember Bogosian stated that it did not work out as planned. Mr. Bogosian stated that when the property was purchased there was not a Council consensus of the use. Sue Mallory noted that she has lived in Saratoga for 38 years. Mrs. Mallory urged the Council to give the Committee a chance to raise the funds to save the property. Francis Stutzman recalled the time when he was on the City Council and was faced with tuff decisions. Mr. Stutzman stated that the City told the Church that the property would be used for public purposes. Carol Mauldin noted that she has been a resident in Saratoga for 30 years. Ms. Maudlin stated that ifthe City sells the North Campus the Council would be selling out the community. Jeff Schwartz noted that he supports keeping the North Campus for one year and suggested that the City conduct a survey to find out with where the community is on this issue. Mayor King thanked the speakers. Councihnember Waltonsmith stated that she supports Mr. Mallory's proposal. Councilmember Kao stated that she supports Mr. Mallory's proposal. Councilmember Streit stated that he supports going forward with the sale of the property. Councilmember Streit briefly reminded everyone the original intent when the property was purchased. Councilmember Streit stated that the City bought the property free and clear without any obligation to use as a public facility. Councilmember Streit stated that he feels the money should go back into the General Fund to continue to supports the infrastructure and public safety contract. Vice Mayor Kline stated that he has read the minutes from the City Council meeting when the property was purchased and stated that it was rushed through the process. Vice Mayor Kline pointed out that the City did not inspect the property properly before it was purchased and learned only after that the property would cost a lot of money to remodel in order to utilize it. Vice Mayor Kline stated that he supports the sale of the property to go forward. Vice Mayor Kline noted that if someone offered the senior $4.5 million dollars to buy the property he would consider it. Mayor King noted that she went through the appraisal and noted that the three properties that the appraiser compared the church property to did not make sense. You can't compare church property to commercial property. 12 Councilmember Nick Streit reported the folIowing information: West Vallev Solid Waste Joint Powers Association - reached a tentative understanding with the disposal contract that the JPA would not go forward with the contract ifthe City of San Jose doesn't agree to freeze their tax of $19.05. West ValIev Sanitation District - the Board and the Town of Los Gatos are not in agreement in regards to the purchase price oftheir system. Councihnember Aileen Kao reported the following information: Chamber of Commerce - hired a new Executive Director, Kathy Phelan, who is reaching out to promote their membership. Councilmember Ann Waltonsmith had no reportable information. CITY COUNCIL ITEMS Referring to the last Planning Commission meeting, Councihnember Streit suggested to his cOlIeagues that they review the tape. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor King adjourned the meeting at 11 :45 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 15 Mayor King thanked Director Pisani for her report. City Council directed staff to return to Council on June 15,2005 with a status report. NEW BUSINESS 8. USE OF REMAINING 2004-05 COUNCIL CONTINGENCY FUNDS FOR STAFF BONUSES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that at the May 18, 2005 meeting, Councilmember Streit proposed using a portion of the remaining Council Contingency to provide $1,000 bonuses to employees in appreciation of staffs quality performance and contribution towards bridging budget shortfalls. In 2003- 04, staff received only a 1.4% salary increases and in 2004-05, 2% salary increases; all other forms of employee compensation were frozen. For 2005-06, compensation varies between employees groups but in all cases continues to be substantially less than offered by other cities and less than offered in Saratoga prior to 2003. Assistant City Manager Tinfow offered suggestions for implementation if Council decides to move forward with the proposal. Councilmember Kao stated that she didn't support the use of the contingency funds for this purpose, especially with budget shortfalls. STREIT/KLINE MOVED TO ADOPT RESOLUTION TO SUPPORT THE USE OF THE REMAINING FY 04-05 COUNCIL CONTINGENCY FUNDS FOR STAFF BONUSES AS SUGGESTED I N THE STAFF REPORT. MOTION PASSED 4-1 WITH KAO OPPOSING. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King reported the following information: West Valley Mavors and Managers Association - continued the discussion of annexation with Peter Kutro. Vice Mayor Norman Kline reported the following information: County Cities Association Le!!. Task Force - suggested that the Mayor or City manger attend these meetings. Village AdHoc - completed/remove from list. Design Review AdHoc - completed/remove from list. 14 MINUTES SARATOGA CITY COUNCIL RETREAT HAKONE GARDENS JUNE 24, 2005 Lorie Tinfow, Assistant City Manager, called the retreat to order at 9:00 a.m. ROLL CALL PRESENT: Councilmembers Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayur Kathleen-King--- ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Joan Pisani, Recreation Director I. TEAMBUILDING EXERCISE Lorie Tinfow, Assistant City Manager and Michele Braucht, Administrative Services Director, facilitated a team building exercise. 2. COUNCIL VALUES Dave Anderson, City Manager, and Joan Pisani, Recreation Director, facilitated a Council values exercise. City Manager Anderson explained the exercise and requested that City Councilmembers list their values in a brainstorming exercise. Green, yellow, and red, dots were given to each City Councilmember to signify if they agree, are neutral, or disagree with the values listed. The following list are the values of City Councilmembers with their priorities listed in parentheses: . Village Revitalization (3 green) . Professional Demeanor (I green) . Public Safety (3 green) . For the Good of Saratoga as a whole (2 green) . Ethnic (Asian) Involvement (1 green) . Respect for one another (2 yellow) . Infrastructure and Roads (3 green) . Neighborhood Viability and Compatibility (I green) . Long range view, rather than a short tern view (3 green) I SARATOGA CITY COUNCIL MEETING DATE: July 20, 2005 AGENDA ITEM: L~e ~,7 c:::?/ ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: Cathleen Boyer, Dave Anderson, City Manager SUBJECT: CUr Council Minut~_ RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Council Retreat - June 24, 2005 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Minutes June 24, 2005 . Business Partnering and marketing (3 yellow) . Planned Development for Village (I red) . More Housing in Village (I yellow, 2 red) Top Values . Village Revitalization (including Housing Mixed use) o With BID o Beautification ($) o Pavement o Planned Development for Village . Public Safety . Inffastructure & R-oads- o Well Maintained and Designed Parks . Long Range View Rather than Short Term o For the Good of Saratoga as a Whole o Cohesive and Coordinated Documents o Asian (Ethnic) Involvement o Clear Priorities o 40,000 Look o Productive Relationships with Outside Agencies o Electronic City o Upgraded Electronic Equipment for Staff . Financial Viability, City Budget and Revenue Enhancement o Sales Tax Generating Businesses o Business Partnering and Marketing . Utilize Publicly Owned Spaces Better (3 green. 2 yellow) o City Room 6,000 sq. ft Multipurpose Room o Community Center New or Improved (like Cupertino) o Good Partnering with West Valley College Other Values . Professional Demeanor o Customer Service Oriented Staff and Council . Respect for One Another . Leadership Training . Neighborhood Viability and Compatibility . Neighborhood Feedback . Quality of Neighborhoods . Economic Development . House Size in Proportion to Lot Size . Recreation Services for All o Support Senior and Childhood Services . Timely Public Notices . Customer Relations . . Community Buses . Support and Build Staff Skills . City Awareness-Activities for Community 3 . Neighborhood Feedback (1 yellow, 1 green) . Customer Service Oriented Staff and Council (I green) . Quality of Neighborhoods/Planning (2 green) . Educate and Discuss big issues (none) . 40,000 ft. look . Clear Priorities (I yellow, I green) . Financial Viability City Budget (3 green) . Economic Development (I green) . Services that focus on Mental Health (none) . Well Maintained and Developed Parks (Infrastructure) . House Proportional Lot to Lot Size (1 green) _~ Recreational Services for all (1 green) . Cohesive and Coordinated-Docurnents tl green, I yellow) . Timely and Consistent Public Po stings (1 green) . Sales Tax Generating Businesses (2 green) . Leadership Training (1 green, 4 yellow) . Decentralized Public Process (1 green, 1 yellow) . Single Point of Contact at City (1 green, 1 yellow) o Customer Relations/Information in a timely manner . Organized Youth Activities for all (none) . Electronic City (2 green, 2 yellow) . Traffic, Noise, and Safety - focus on these problems (1 green, I yellow) (Public Safety) . Upgraded Electronic Equipment for City Staff (1 green, I yellow) . Productive Relationships with Outside Agencies (2 yellow) . Community Bus (1 green, 3 yellow) . Support and Build City Staff Skills (2 yellow) . One School District in City (4 red) . City Room - 6,000 square feet Multipurpose Room (I green, 1 yellow, I red) . Supports Trails and Parks (1 green) . City District Unification (2 green, 2 yellow) . Community Center (New or Improved like Cupertino) (2 green, 1 yellow) . Utilize Publicly Owned Space better (3 green, 2 yellow) . City Awareness/Community Awareness (activities i.e. parades, music in the parks etc.) (3 yellow) . Support Senior and Childhood Services (2 green, I yellow) . Successful Chamber (2 yellow) . Village Pavement (1 green 1 yellow) (Village Revitalization) . Road Quality Stabilizes (1 yellow) (Infrastructure and Roads) . Affordable Housing (1 yellow) . Good partnering with West Valley College (1 yellow) . Continue to Support Trails (1 green, 1 yellow) . Community vs. Neighborhood Involvement (I yellow) . BID Program for Village (1 green, 2 yellow) (Village Revitalization) 2 4. NEXT STEPS John Cherbone, Public Works Director and Cathleen Boyer, City Clerk, led the Council in a discussion regarding next steps and asked them to place the top five projects on a timeline. . Fix Village Parking -July 05-Dece 05 . Fund a Community Room @ $6,000 -Sept 05 - Dec 06 . Sale of Property Located at 19848 Prospect Road - July 05- Dec 05 . Kevin Moran Park Issue - July 05- Dec 05 . Review - Floor Area vs. Bulk and Design Site Coverage - . Budget - Education/Survey - July 05- Dec 05 . Update General Plan - March 06-Dec 06 . Update Village Plan (Plan Development) - July 05-Dec 06 --':-[~~~i~~:;;:c~~;-;;:1~~i)U--- . Saratoga Area Senior Coordinating Council (SASCC) back to Recreation - Jan 06-Dec 06 . De Anza Trail- July OS-Oct 05 . Lease Flat Grass From West Valley College- . Shared School Facilities - . Maintenance Funds for City Facilities (Sinking Fund) (for any user group) - July OS-Oct 05 Aug'lJ5 Oct"' Dec'05 Feb'06 Apr'06 June '06 Aug'06 Oct '06 Dee '06 July'lJ5 Sep'05 NovUS Jan'06 March '06 May '06 July '06 Sep'06 Nov'06 FI;<' VILLAGE PARIIlNG I I 1 I I I I I I I I COfCMO FUNOfi.OOOSOFTROQt,\ I I I I I I I I I I I Rec,PW,CD OOCl-i"-NGE~E.Oo.TER SAlEOFPROSF'ECTRD I I I 1 I I I I PW,CO ,,""""" KMP'SSUE , I I I I I I I I PW ,(,..- Rlit~~AREA I I I I I I I I CD VS,6ULK+OESIGN SURVEY 8UDGET I I I I I I I I CMa EDUCAl10N UPO....TEGP I I 1 I I I I 1 CD UPOATEF'O I I I I I I I I CD (VlllAGEP\.JlI'l) UPDATE VlllAGE I"lJlI" I I I I I I I I CDICMO FUND INFRASTRUCTURE I I I I I I I I PW S2MIL BACK LOG ROS I I I I I I I I PW SASCC...REC I I I I I I I I REC DfAf'lZATRAlL ,J I I I I I I I I PW , lEASE FlAT GRASS I 1 I I I 1 I I PW @"'-" INCREASIE$I-\oIlRE I I I I I I I 1 REC SCHOOlFACll.nlES 5lNI<JNG RJNOFOR I I I I I I I REC CITY OWNED mOPERTY FEI'CES I I I 1 I 1 I CD I I I I I I I - - - - ONGOING 5 . Successful Chamber . Affordable Housing . Community vs. neighborhood 3. GOALS. STRATEGIES, AND ACCOMPLISHMENTS FOR REMAINDER OF CURRENT COUNCIL TERM Richard Taylor, City Attorney and John Livingstone, Community Development director, facilitated a Council discussion regarding goals, strategies, and accomplishments for remainder of current Council term. . Zoning Code Update - 3 yellow (Kline, Waltonsmith, Streit) . . Fence~ (enforcementlallcm, eJ'c"rtinn<) -1 gT""n (K"o) red, 4 green . Shared School Facilities - 1 green (Kao), 2 yellow (Streit, ?), 1 red (Kline) . Review - Floor Area vs. Bulk and Design Site Coverage - 2 green (Streit, King), 2 red (Kline, Waltonsmith) . Budget - Education/Survey - 2 green (Kao, 7) 1 yellow (Streit), 1 red ( Kline) . Funding Village Sidewalk - 1 green (Kline), 1 yellow (Streit), 1 red (Waltonsmith) . Fund a Community Room @ $6,000 - 3 green (Kao, Kline, Waltonsmith), 1 red (Streit) . Update General Plan -2 green (Waltonsmith, 7) 2 red (King, Kline) . Sale of Property Located at 19848 Prospect Road - 3 green (Kline, King, Streit), 2 red (Kao, Waltonsmith) . Fix Village Parking - 3 green (Kao, Streit, King), 2 yellow (Kline, Waltonsmith) . Kevin Moran Park Issue - 3 green (King, Kao, Streit) 2 yellow (Kline, Waltonsmith) . De Anza Trail- I green (Waltonsmith), 2 yellow (Kline, Streit), I red (Kao) . Update Village Plan (Plan Development) - 2 green (King, Kline), 1 yellow (Streit) . [Fund Infrastructure J 2 green (King, Streit), 2 yellow (Kline, 7) . $2 million Backlog Roads . $1 million Refund Hillside Reserve - 1 yellow (Kline) . Lease Flat Grass From West Valley College - 1 green (Waltonsmith), 1 yellow (Kline) . Saratoga Area Senior Coordinating Council (SASCC) back to Recreation Department - 2 green (Kline, Streit), I yellow (Kao), I red (7) . Maintenance Funds for City Facilities (Sinking Fund) (for any user group) - 1 green (Streit), 1 yellow (Kline), I red (7) 4 ADJOURNMENT There being no further business Mayor King adjourned the meeting at 3 :45 p.m. and thanked everyone for attending the retreat. Respectfully submitted, Cathleen Boyer, CMC City Clerk 6 MINUTES SARATOGA CITY COUNCIL JULY 6, 2005 The City Council of the City of Saratoga held a Joint Session with the Planning Commission Council in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following City Councilmembers were present: Mayor Kathleen King, Vice Mayor Norman Kline, Councilmembers Aileen Kao, Nick Streit, and Ann Waltonsmith. The following staff members were present: City Manager Dave Anderson, Assistant City Manager Lorie Tinfow, City Attorney Richard Taylor, City Clerk Cathleen Boyer, Community Development Director John Livingstone. The following Commissioners were present: Chair Suzie Nagpal, Manny Cappello, Jill Hunter, Robert Kundtz, Linda Rodgers, and Mike Uhl. Commissioner Michael Schallop was absent. I. WOULD THE CITY COUNCIL SUPPORT THE PLANNING COMMISSION APPROVING WELL DESIGNED SECOND STORY HOMES IN ONE STORY NEIGHBORHOODS? KING: Yes KLINE: Yes- If findings KAO: No - Not black and white STREIT: Yes - Well designed WALTONSMITH: No Additional comments: Under right conditions, Yes Good Design - Defined by whom? Compatibility 2. DOES THE CITY COUNCIL THINK THE PLANNING COMMISSION MEETINGS SHOULD BE TELEVISED OR NOT? KING: Yes KLINE: No KAO: No STREIT: No W ALTONSMITH: Yes - But could be delayed showing Additional comments: Tape but not broadcast (all agree) Informality with no television could be useful. Some interest in televised meetings for newcomers to City to see how process works. SARA TOGA CITY COUNCIL MEETING DATE: July 20, 2005 AGENDA ITEM: ~c df/J ~/ ORIGINATING DEPT: City Manager's Office PREPAREDBY,('fu~ . Cathleen Boye, ity Clerk CITY MANAGER: DEPT HEAD: Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Joint Meeting with Planning Commission - July 6, 2005 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Minutes July 6,2005 . Used in Santa Clara for oddball parcels-Village seems similar/many challenges with area o Example: Property owners partner on redevelopment . Incentives . Synchronized leases/Buy & Save . Historic Preservation? o Include in goals o Could hire an expert to assist . How could committee work with Planning Commission o eould be done/New Procedures o Review Upcoming projects at end of Commission meetings 7. POSSIBLE REDIRECTION OF COUNCIL/COMMISSION STIPEND Removed from agenda- no discussion. ADJOURNMENT There be no further business Mayor King thanked the Planning Commission for attending tonight's Joint Meeting and adjourned to Closed Session at 6:30 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 3 3. WOULD THE CITY COUNCIL SUPPORT THE PLANNING COMMISSION APPROVING HOMES BUILT TO THE MAXIMUM ALLOWED SIZE, HEIGHT AND IMPERVIOUS SURFACE COVERAGE IF THE HOUSE IS A GOOD DESIGN? KING: Yes KLINE: Yes - findings KAO: Yes STREIT: Yes - Good design WALTONSMITH: Yes 4. DISCUSS WAYS TO STREAM LINE THE PLANNING COMMlSSION DESIGN REVIEW PROCESS. EXAMPLE, THE PLANNING COMMISSION COULD DECIDE WHICH HOMES NEED DESIGN REVIEW AND WHICH DO NOT Existing Design Review . Administrative . Planning Commission . Discretionary (new category) Additional comments: . Design Review at the Plarming Commission level adds time - 2 months worst cast scenario. . Somewhat less staff time for administrative design review. . Slow down due to staff turnover, etc. . Problem to solve - efficiency . Make progress easier for applicants . Option- form Design Review Committee -Two Plarming Commissioners 5. VILLAGE PARKING-THE COUNCIL HAS REQUESTED THAT THE PLANNING COMMISSION REVIEW THE PARKING RESTRICTIONS IN THE VILLAGE Comments: . Explore options for parking requirement to enhance business options. . Concerns: o Pay back owners o Lawsuit 6. AT THEIR RETREAT, THE COUNCIL SHOWED INTEREST IN DEVELOPING A PD ZONE IN THE VILLAGE Comments: . Update Design Guidelines - could be a tool . Ways to use regulations to enhance Village . Plan Development - Permits great flexibility . Articulate goals to be accomplished 2 MINUTES SARATOGA CITY COUNCIL JULY 6, 2005 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. Conference With Legal Counsel- Existing Litigation (Gov't Code Section 54956.9(c): (I case) - Thompson Pacific Construction v. eity of Saratoga (Santa Clara County Superior Court Action No. 104 CV021639) Conference With Legal Counsel- Anticipated Litigation Significant exposure to litigation (Section 54956.9(b)) (1 case) Mayor King called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmembers Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King None Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director John Livingstone, Interim Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUlY 6. 2005 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 6, 2005 was properly posted on June 28, 2004. ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Citizen Ray discussed his concerns in regards to Highway 9 safety. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Phylis Ballingall noted that she was a member ofthe Heritage Preservation Commission. Commissioner Ballingall updated the City Council on the status of the four applications that have been sent to the National Registry for historic designation. Susie Nagpal, ChairIPlanning Commission noted that the City Council and Planning Commission held a Joint Meeting earlier this evening to discuss various issues. SARATOGA CITY COUNCIL MEETING DATE: July 20, 2005 AGENDA ITEM: !t' PJC/ - ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting - July 6, 2005 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Minutes July 6, 2005 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2C. AMEND CONTRACT FOR IT SUPPORT WITH CITY OF PALO ALTO STAFF RECOMMENDATION: Authorize City Manager to execute amended contract. STREIT/KLINE MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AMENDED CONTRACT IT SUPPORT WITH CITY OF PALO ALTO. MOTION PASSED 5-0. 2D. NOTICE OF COMPLETION - 2004-05 PAVEMENT MANAGEMENT PROGRAM STAFF RECOMMENDATION: Accept Notice of Completion. City Attorney Taylor requested that this item be pulled from the agenda and rescheduled. Consensus of the Council to support City Attorney Taylor's request. PUBLIC HEARINGS None OLD BUSINESS 3. REVIEW OF DRAFT MASTER PLAN FOR THE DE ANZA TRAIL STAFF RECOMMENDATION: Accept and direct staff accordingly. Councihnember Kao recused herself from this item stating that she lives within 500 feet ofthe project. John Cherbone, Public Works Director, presented staffreport. Director Cherbone provided a brief background of the project. 3 ANNOUNCEMENTS Jack Mallory described the activities that took place during the Independence Day Observance that held on Monday, July 4, 2005, at Azule Park. Mr. Mallory stated that approximately 400 people attended the event. Mr. Mallory noted that volunteers handed out ice cream and water. Mr. Mallory thanked everyone who volunteered their time for this event. Mayor King thanked Mr. Mallory for the event. CEREMONIAL ITEMS 1A. COMMENDATION HONORING WINDERMERE SILICON VALLEY PROPERTIES STAFF RECOMMENDATION: Present commendation. Mayor King read the proclamation and presented it to Gayle and Janet Glew, owners of the Saratoga Windermere Office and Katie Kane, lead person for the "Community Service Day" event. lB. COMMENDATION HONORING ORCHARD SUPPLY HARDWARE STAFF RECOMMENDATION: Present commendation. Mayor King read the proclamation and presented it to Rick Saunders, Orchard Supply Hardware/Marketing Division. Ie. PROCLAMATION DECLARING THE MONTH OF JULY 2005 "PARKS AND RECREATION MONTH" STAFF RECOMMENDATION: Present Proclamation. Mayor King read the proclamation and presented it to Joan Pisani, Recreation Director and John Cherbone, Public Works Director. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES - JUNE 15, 2005 STAFF RECOMMENDATION: Approve minutes. STRElT/KLINE MOVED TO APPROVE MINUTES OF JUNE 15.2005. MOTION PASSED 5-0. 2 Director Cherbone stated that a direct mailing to nearby residents of the proposed trail was sent notifying them of both the Council Site Visit and tonight's subsequent City Council meeting. Referring to the proposed parking lots, Vice Mayor Kline asked who suggested them because they weren't in the original plan. Director Cherbone responded that the Task Force suggested the parking lots. Vice Mayor Kline asked if staff has consulted with PG&E to see if the trail could go under the towers instead of jutting out around them. Director Cherbone responded that he hasn't consulted PG&E yet, but feels that they would probably be opposed to the trail going under the towers for safety reasons. Mayor King asked why the trail would be made from decomposed granite. Director Cherbone explained that decomposed granite looks more natural and still meets VTA's requirements as a "multi use all weather trail". Mayor King asked ifVT A would pay for the Master Plan even if the City decided not to go forward with construction. Director Cherbone responded yes. Councilmember Waltonsmith stated that some residents were concerned that the City was wasting money by developing trails in segments. Director Cherbone responded that the City has a Trails Master Plan. Director Cherbone noted that currently there are several gaps throughout the City. Mayor King noted that there were several people who wanted to speak on this item. Dr. Bill Johnson commented that he feels this project consists of two trails that go nowhere. Dr. Johnson stated that the proposed length of the trail is inappropriate for cyclist. Dr. Johnson pointed out that the proposed plan has no provisions for emergencies. Dr. Johnson stated that he feels that this project is a misuse ofVTA funds. Mike Gilbert thanked the City Council and the Task Force for their time and effort on this project. Mr. Gilbert stated that the trail is already heavily used and any improvements would be welcomed. Mr. Gilbert pointed out that the proposed trail would be good for the elderly and disabled. Mr. Gilbert stated that he supports the proposed project. Robert McBride asked if the changes to the plan have been submitted to and approved by the VT A. Eric Bracher requested that the proj ect be terminated. 5 Director Cherbone noted that the location of the trail within the PG&E right-of- way was constrained by two factors: 1) a requirement that the trail be a minimum of25 feet from the center of the railroad tracks, and 2) there was not sufficient clearance between the PG&E towers and the common PG&E/UPRR right-of-way line for a 12 foot wide duel use trail. The constraint of the PG&E towers requires that the bicycle portion of the path (8 feet wide) be routed around the towers. Director Cherbone explained that the continuity of the trail was also limited by two right-of-way constraints: 1) there are two adjacent private properties near Cox Avenue where PG&E does not have right-of-way, and 2) PG&E doe not have right-of-way across the property owned by San Jose Water Property, which is located adjacent to the Cox Avenue County Fire Station. These right-of -way constraints split the trail into two usable segments. Director Cherbone noted that on March 3, 2004 the City Council directed staff to form a task force to explore the feasibility of improving the trail along the PG&E right-of-way and to develop a master plan. In addition, staff was directed to hire a design consultant to facilitate the process. Subsequently, at the June 2, 2004 City Council meeting, Council approved a professional services agreement with AN West to facilitate the master plan phase ofthe project. Director Cherbone explained in detail the Draft Master Plan for the De Anza Trail. Director Cherbone noted that the current construction costs estimate is $1,895,317, which includes a $100,000 line item for screening and other mitigation necessary for adjacent residents. The estimate for yearly maintenance is estimated at $30,138 per year. Director Cherbone pointed out that a series of Task Force and Community Meetings were held. Many comments and concerns were raised at the various meetings with additional comments received via email and direct mail. The main concerns raised from the public, include, but not limited to: . Security Issues . Privacy . Potential Decline in Property Values . Construction and Maintenance Costs Director Cherbone explained that the final steps to complete Phase I is to incorporate City eouncil comments into the Master Plan and to complete the Enviromnental Document in order to begin the required 20-day public comment period. Phase I is scheduled to conclude in September with City Council voting on the Final Master Plan and Enviromnental Document, and making the determination whether to move forward with Phase 2-Design and Construction. 4 Al Castro noted that he would not have purchased his house ifhe knew about the proposed project. Mr. Castro stated that the proposed trail infringes on his privacy. Eric Grube stated that he does not support the proposed project. Diane Reese noted that her house directly abuts the trail and noted that she supports the proposed project. Ms. Reese stated that this is an opportunity to preserve open space. William Brooks noted that he supports the proposed project. Bill Witmer noted that he was a member of the Task Force. Mr. Witmer noted that after several requests to VTA he's finally received a copy of the application the City submitted for the project. Mr. Witmer stated that within the pages that he has read, the City made false statements. Lois McPherson noted that she has lived in Saratoga for 44 years. Ms. McPherson stated that if the trail were developed it would bring more outside people to Saratoga. Bill Cooper noted that he lives on Mt. Eden Road. Mr. Copper stated that when people utilize a trail they don't look into windows and backyard because they are concentrating on the trail. Mr. Cooper stated the he supports the proposed proj ect. Phil Peterson requested that the trail be left as is. Donna Poppenhagen noted that in 38 years living near the trail there has never been any problems. Ms. Poppenhagen supported making the trail safer. Brete Bigley pointed out that there is a lot of opposition to the trail and recommend that the Council withdraw the project from VTA. Mr. Bigley stated that developing the trail would increase crime, loitering, and traffic. Jeanne Carter noted that she has mixed feelings in regards to the proposed project. Ms. Carter stated her concern is how the Sheriffs Office would patrol the trail. Ms. Cater noted that she likes the decomposed granite-it would reduce the noise. Francis Killbrew noted that she supported the proposed plan if it clean up the trail, improved the surface to make it safer, and was patrolled regularly by the Sheriffs Office. Ms. Killbrew stated that she doesn't know if developing the trail would increase or decrease traffic in her neighborhood. Citizen Ray commented on the PG&E towers and stated that open space needs to be preserved. Mayor King thanked everyone for their comments. Director Cherbone explained that this evening Council would need to decide to either finish Phase I, which is the feasibility study and is 80% complete, or discontinue the project. 7 Jim Stallman stated that he currently enjoys using this corridor and supports the proposed project. Anne Sanquini noted that supports the proposed project. Gilbert Johnson asked why the second trail segment was still on the Master Plan documents. Mr. Johnson stated that he feels the City left it on so the trail would look more complete. Anne Ng stated that she is a Cupertino resident and a trail enthusiast. Ms. Ng stated that this afternoon she attended the Site Visit and once the neighbors found out she wasn't a Saratoga resident they ordered her to leave. Ms. Ng encouraged the City eouncil to move forward with this project, which in the future could possibly link up with other trails. Cecilia Bulich noted that she is against this project and requested that the Council leave the trail as is. Ms. Bulich stated that the City should wait to develop the trail when the UPRR goes away. Nikola Miljevich noted that his family has been in Saratoga for over five generation and during that time they have watched Saratoga change - some good changes and some bad. Mr. Miljevich asked who was going to maintain the trail and where would the money come from. Bill Elhoff noted that he lived close to Congress Springs Park and his home has been vandalized several times. Mr. Elhoff stated that the trail is unsafe near the PG&E towers because of the EMF. Richard Brown stated that the trail should be left as is and noted that he feels it is a misuse of funds. Jeffrey Pugh stated that he is astounded that anyone on the City Council could support this project especially in light of recent budget cuts. Mike Nichimoto stated that they recently moved to their home and noted that their backyard directly abuts the trail. Mr. Nichimoto stated that ifthe proposed project moves forward the noise on the trail would increase. Mr. Nichimoto stated that he feels the cost of the project is too high and expressed his concerns regarding the safety of a trail near a railroad track. Julie Nichimoto noted that if the trail is developed anyone who uses it would be able to look into their kitchen. Sally O'Hearn stated she is opposed to the project. Rita Witmer recapped previous City Council comments regarding this project. Ms. Witmer stated that the Council at one point agreed that if the neighborhood opposed the project - they would withdraw the application from VTA. 6 John Feemster noted that he was representing SASCC. Mr. Feemster stated that they would gladly move to the property located at 19848 Prospect Road. Mr. Feemster stated that ifthe City moves forward with the sale of the property, SASCC would hope to be allowed to share space with the proposed addition to City Hall and be considered in the discussions regarding the use of proceeds from the sale. Ed Grabowy noted that he was representing "eitizens to ereate Public Space" formally known as "Citizens to Save the North Campus". Mr. Grabowy requested that the City reconsider selling the property located at 19848 Prospect Road. Mr. Grabowny stated that the citizens have spoken and they support the property being used for community purposes. . Jack Mallory thanked the Council for their consideration on this item. Councilmember Streit stated that when he was Mayor and the City purchased the property the public said the City should have never purchased the property and now the public is saying the Council shouldn't sell the property. Councilmember Streit stated that he doesn't want to continue discussing this issue and would not support another Ad Hoc Committee. Vice Mayor Kline stated that he concurred with Councilmember Streit. Vice Mayor Kline stated that if someone wants to pay a fair price for the property he'd sell it. Councilmember Kao noted that she would like to work with the citizens to find a way to purchase the property. Mayor King briefly highlighted the original intent of the property and noted that if a group approached the City 36 months ago to purchase the property the City would have saved over $70,000 on the Sheriffs Office departure from the City. Mayor King stated that the City doesn't have the funds to keep the property and turn it into a community center- money needs to be spend on roads and infrastructure. Mayor King stated that if Councilmembers Kao and Waltonsmith want to work with the residents on their own time they are free to do so-without staff support. Consensus of the City Council that an Ad Hoc Committee would not be formed to explore uses ofthe property located at 19848 Prospect Road. 5. DISCUSSION REGARDING THE FUTURE USE OF FUNDS FROM THE PROCEEDS OF THE SALE OF CITY OWNED PROPERTY LOCATED AT 19484 PROSPECT ROAD STAFF RECOMMENDATION: Accept report and provide direction to staff regarding the future use of funds from the proceeds of the sale of City owned property located at 19848 Prospect Road. John Cherbone, Public Works Director, presented staff report. 9 Councilmember Streit noted that he supported finishing the feasibility study and then submitting it to VTA for review. Vice Mayor Kline noted that he sees a lot of problems with the proposed trail. Vice Mayor Kline noted that this evening the neighbors articulated their concerns very well. Vice Mayor Kline stated that he doesn't support going around the PG&E towers for safety reasons and doesn't support parking lots. Vice Mayor Kline noted that he does support finishing the feasibility study and encourage the residents to attend the VT A hearings when this proj ect is agendized on their calendar. Mayor King stated that she supports finishing the feasibility study and supports the proposed parking. Councilmember Waltonsmith noted that it is no secret that she supports the project. Councilmember Waltonsmith stated that she supports finishing the feasibility study. Consensus ofthe City Council to direct staff to finish the feasibility study on the De Anza Trail. Mayor King declared at 10-minute break at 9:45 p.m. Mayor King reconvened the meeting at 9:55 p.m. 4. DISCUSSION REGARDING THE FORMATION OF A COUNCIL AD HOC TO EXPLORE USES FOR CITY OWNED PROPERTY LOCATED AT 19848 PROSPECT ROAD STAFF RECOMMENDATION: Discuss the formation of a Council Ad Hoc to explore uses of property located at 19848 Prospect Road. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that Councilmember Waltonsmith and Councilmember Kao requested that this item be agendized to discuss the formation of a Council Ad Hoc Committee to explore uses of the City owned property located at 19848 prospect Road. Charles Butterfield noted that he was the owner of Butterfield Real Estate Firm. Mr. Butterfield suggested that the City consider sale and partial lease back to a church or school. Mr. Butterfield stated that he recently had a group that was interested in this proposal, but unfortunately the sanctuary was too small for their needs. Mr. Butterfield stated that he does have another group interested in the property. 8 ADHOC & AGENCY ASSIGNMENT REPORTS Mavor Kathleen Kin!! Hakone Foundation Liaison Santa Clara County Cities Association SASCC West Valley Mayors and Managers Association Vice Mayor Norman Kline reported the following information: Librarv Joint Powers Association - discussing several lawsuits that have been filed against the JP A in regards to the last ballot measure SCC Cities Association-Joint Economic Development Policy Committee (JEDPC) - discussing standardizing permitting system throughout Santa Clara County. Councilmember Nick Streit reported the following information: West Valley Solid Waste Joint Powers Association - moving forward with the preparation ofthe RFP for the disposal contract. West Valley Sanitation District - continued controversy over the price of the sewer system in the Town of Los Gatos. Councilmember Aileen Kao had no reportable information. Councilmember Ann Waltonsmith reported the following information: Sister City Liaison - preparing for the student exchange in August. CITY COUNCIL ITEMS Councilmember Streit explained the current preparation of the RFP for the West Valley Solid Waster JP A disposal contract. Councilmember Streit stated the subcommittee members agreed that City official couldn't have any outside contact with anyone who may submit an RFP. Councilmember Streit stated that each member City has been requested to adopt a resolution agreeing that there shall be no outside contact. Consensus ofthe Council to support Councilmember Streit's request. OTHER None CITY MANAGER'S REPORT None II Director Cherbone stated that Mayor King agendized this issue in order to begin the discussion regarding the future use of funds from the proceeds of the sale of the City owned property located at 19848 Prospect Road. Director Cherbone noted that it could be conservatively assume that the City will be able to sell the property for the purchase price of$4.5 million. Most likely the property would sell in the range of$4.5 to $7.5 million. Director Cherbone noted that it is anticipated that there will be public discussion regarding the future use ofthe proceeds from the sale and it would be productive to begin discussing the public process. Vice Mayor Kline noted that he felt it was to 0 early to discuss the use of the proceeds from the sale of the Prospect Road property. Councilmember Kao asked Director Cherbone where he got the estimates on the value of the property. Director Cherbone explained that he worked with local developers to estimate the value of the property. Mayor King noted that she didn't agree with the appraisal that was done on the property when the City purchased it but does support Director Cherbone's estimates. Mayor King noted that she supports using the interests from the from the proceeds should be used for infrastructure Councilmember Streit stated that the proceeds should be used to replenish the reserves and for infrastructure. Vice Mayor Kline stated that the proceeds should not be used for operating expenses. Councilmember Kao noted that she would support using the proceeds for the good of the community. Councilmember Waltonsmith stated that she felt it was too early to discuss the use of the proceeds. Consensus of the City Council to agendize this item when the property has been sold and the City has the funds. NEW BUSINESS 6. POSSIBLE REDIRECTION OF COUNCIL/COMMISSION STIPEND ST AFF RECOMMENDATION: Accept report and direct staff accordingly. City Attorney Taylor requested that this item be pulled from the agenda and rescheduled. 10 ADJOURNMENT There be no further business Mayor King adjourned the meeting at 11 :00 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 12 FISCAL IMPACTS: The following is a reduction to each of the individual fund cash balance: Fund # Fund Description AlP Total PR Total Total 001 General 359,120.46 57,516.57 416,637.03 150 Streets & Roads 34,191.20 21,814.04 56,005.24 180 LLA Districts 13,409.14 1,649.64 15,058.78 250 D evelopm ent Svcs 13,505.91 30,930.35 44,436.26 LoU t.nvlfonmenlal 1"3 , , , 290 Recreation 12,420.20 10,586.27 23,006.47 291 Teen Services 3,594.58 3,594.58 292 Facility Ops 2,199.95 3,254.96 5,454.91 320 Library Expansion 320.00 320.00 351 Public Safety 75,738.27 75,738.27 352 Infrastructure 6,026.00 6,026.00 353 Facility 2,119.18 2,119.18 354 Park & Trail 9,041.65 9,041.65 601 CD Deposit Arborist 456.43 456.43 602 PW Deposit Geology (3,500.00) (3,500.00) 740 Parking District #3 4,930.00 4,930.00 800 Deposit Agency Fund 6,375.89 6,375.89 TOTAL 670,186.88 132,523.45 802,710.33 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Register in the Expenditure Approval List format. SARATOGA CITY COUNCIL PREPARED BY: AGENDA ITEM: .... =?...IE CITY MANAGER: ~ y ?/ PT HEAD: __~&~~ l~~ Michele Braucht MEETING DATE: 7/20/2005 ORIGINATING DEPT: Admin. Svcs. SUBJECT: Check Register for 6/28/2005 RECOMMENDED ACTION: That the City Council accepts the Check Register for 6/28/2005. REPORT SUMMARY: The attached Check Register for 6/28/2005. All Accounts Payable checks were released by 6/30/2005. Payroll checks were released on 6/23/2005. Starting Ending Total Type of Checks Date Checks # Check # Checks Amount Account Payable 6/28/2005 99657 99793 136 670,186.88 Payroll 6/23/2005 30862 30886 24 10 1,141.36 04/05 Bonus Payroll 6/23/2005 30887 30938 51 31,382.09 TOTAL 802,710.33 'Check number 99633 was voided for the amount of $1,004.38 due to incorrect data. Check #99765 was reissued for the same amount. 'Check number 99361 was voided for the amount of $29.42 because of duplicate payment. 'Check number 99656 was voided for the amount of $3,500.00. Deposit amount retained. The prior Check Register for 6/14/2005 ended with check number 99656. 1 PAGE HAND-ISS~ED .1"'" ~_ =t S 0'1 W ~ )> N ()),l:l. r VJ N..... ... ~OW 01<0'" m "'1"'12~ ~g3(C W (Xl CT" () OJ Q) CD ~ ~ ro (") A "'I"'IZ () ~ 00 3C ::J"'~. 00 CXl ctl::J CO 0) C'" ('l ::I -..,J N CD " S. ~ CO o '" o aleD ~ ~ -I '" '" 0 '" '" 00 01 01 o al~ '" '" ro - - '" ~ " w 0 a 003 01 01 o ... 25 "U 01 '" 1ll~-< o '" "U :J , <1> ~ ~ ~. "U 8- '" -< "'"I~ o Q. ![ '" '" 011~ _CJ.>_o_.....w....Jo._-....J g ~~~~~;t -..,JO(()..(::l.<J) oWCnoQ, .l::lo01,l:lro.J:l,.-..,J ~ ","'0 -N en 0, 01<000 ......'" (oo,N "'00"" ",""",";omor,,,OJQo ::rQ)CDCD:::::Ict>::J~CDCO lB ~ ~ q ~. <* a. m ffi ~ .......... CDO-CIl........,.., CD '< (f) Q) ::J 0 0 en Q) ...;:::;" .., co..... -a Q) '" - ~ "'" 0 0" 3 3 -a :J " o' -. -0 ;;. ::J CO CD ro a. C ::J x CD 0 ::J::J ::J cnwC1)(f)Qj.....(J):::oa. C~CIl::u-(J):::OO oocn"Tl""U;o"'T1W ::J"'::J-u ...., -n a. D) en CD t8 CIl <Cl;oo...., (j) <1>"~ ~ ~ OJ < OJ ;0 ;0 " " " N N N N N N ....... ..... 01 c ~~~gs~gj~gj~z o ~ '" '" '" '" ~II ... 01 "'" ~ '" :J <J> '" >l- 0" :J C -a a. '" eD ;0 <1> -a o ;:l. c5 '" '" (") (") o c ~ '" 3 o C :J _Ui 3 '" :J C !!!. '" :J a. < o a: (") :J' <1> (") A <J> "'" o iii ij) - ~ o 3 "U ;0 )> <- OJ '" n :J' . "'" o Oi ij) S' (") C- o. <1> -a '" -< ~ g, (") :J' <1> (") A <J> 90 ~ <1> >l- a. <1> -a o <J> ~ 3I>Vd mI{lSSI -QNVH PAGE 5 ---- HAND-ISSUED LIST CHECK DATE EXPENDITURE APPROVAL AS OF: 07/11/2005 23:26 13 'PREPARED 06/29/2005 PROGRAM: GM3 HL CITY OF SARATOGA EXPENDITURE AMOUNT 06/29/2005 ITEM DESCRIPTION VENDOR NAME VOUCHER P, O. NO NO VEND NO -INVOICE NO ACCOUNT NO BNK CHECK/DUE DATE 11,205.27 VENDOR TOTAL & COMPANY BaRTOLOTTa G 0001950 00 00 045.50 140.36 351. 00 210.00 469.00 112.00 652.62 470.51 163.20 271.32 214 .20 97.72 87.72 256.02 81.60 338.64 987.98 220.32 341. 70 92.82 453.90 335.72 210.00 316,00 10 10 1 1 1 3 1 I North Campus June 2005 Civic Center June 2005 Saratoga-Sunnyvale Rd. Cleanup @ Vineyard June 2005 Saratoga Ave June 2005 Replant Vineyard June 2005 Medians/parkways June 2005 Z24-Saratoga Downtown June 2005 Z01-Manor Drive June 2005 Z02-Fredricksburg June 2005 Z09.McCartysvi1le June 2005 Z 11-Arroyo de Saratoga June 2005 Z12-Leutar Ct June 2005 Z 15-Bonnet Way June 2005 Z16-Beauchamps June 2005 Z17-Sunland Park June 2005 Z26-Bellegrove June 2005 Z10.Tricia Woods June 2005 Z028-KelWin Ranch June 2005 Z029-Tollgate June 2005 Z22-Prides Crossing June 2005 Z26.Bellegrove replace tree June 2005 Gateway Medians June 2005 Saratoga Median #13 May 2005 business VENDOR TOTAL of Overpayment 05-00 .40-17 .40-15 .40-15 .40-15 .40-14 .40-15 .40-15 .40-14 .40-15 .40-15 .40-15 .40-15 .40-15 .40-15 .40-15 .40-15 .40-15 .40-15 .40-15 .40-15 .40-15 .40-14 .40-10 .40-10 001-1040-413 001-1060-513 001-3030-532 150-3005-532 150-3025-532 150-3025-532 150-3025-532 150~3025-532 180-3040-532 180-3040-532 180-3040-532 190-3040-532 180-3040-532 190.3040-532 190-3040-532 180-3040-532 190-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 352-9201-622 352.9201-622 06/21/2005 MANAGEMENT 00 07/01/2005 00 07/01/2005 00 06/16/2005 00 06/18/2005 00 06/18/2005 00 06/18/2005 00 07/01/2005 00 06/18/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 07/01/2005 00 06/18/2005 00 06/18/2005 00 06/06/2005 00 21822 21822 21822 21822 21822 21822 21B22 21822 21822 21822 21822 21B22 21822 JOEL 00932B GACHINA LANDSCAPE 009219 21823 009279 21822 009241 0091B5 009188 009189 009280 0091B7 009267 009269 009269 009270 009271 009272 009273 009274 009275 009276 009277 009279 009281 009336 009186 009266 G.W 0000005 6/20/05 000179 12018 11902-M A12397 A14822 A14809 A14819 11902-N A14825 11902-A 11902-B 11902-C 11902-0 11902-E 11902-F 11902-G 11902-H 11902-1 11902-J 11902-K 11902-L 11902-0 A14824 A14.B23 A14754 909.85 16 VENDOR TOTAL 4,533.00 00 533 . featu Wildwood Park water VENDOR TOTAL 10 .0 351-0205-622 CONSTRUCTION, INC 00 06/23/2005 GEORGE BIANCHI 009423 0002625 1 00 60.00 20.00 12.00 60 for Rick T lun lun fee VENDOR TOTAL mileage expense to PW mileage expense to PW Membership 532.30-01 001-3035-532.40-01 001-3035-532.40-01 150-3005 06/16/2005 00 GEORGE FRIEDENBACH 009259 IVETA HARVANCIK, 009415 009416 0000005 6/05 0001862 4/14/2005 6/9/05 00 32 . 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N............. mH" ..-1'1''''''''' .m o.~ 00 N' ~-- 0 ~~~ ~~Z 00 OOal",,.,MlflMOr- HOO or-r-r- NN ".M 00 om HHO 0 "'O~ 0" OMNNNNNN,..,N ONN 0 , , ON OMM O~ 0" OMM 0 "~H "H O. 0'<1'''''''''...........,....... 000 Ol!'llr1lJ1 00 OC~ O~ 0' 0__ a ~~u >, ON ONNNNNNNNN 000 0000 00 0.. o. o~ o~. 0 9 PAGE EXPENDITURE APPROVAL LIST AS OF, 07/11/2005 CHECK DATE HAND- ISSUED EXPENDITURE AMOUNT 06/28/2005 ITEM OEseR I PT I ON ACCOUNT NO 23:26 VENDOR NAME VOUCHER P.O. NO NO 13 PREPARED 06/28/2005 PROGRAM, GMH9L CITY OF SARATOGA VEND NO Il'NOICE NO BNK CHECK/DUE DATE 66 00 00 00 00 00 50 50 27 61 56 " 00 349 64. 64' 080 080 456 19 19 239 166 565 971 930 1 1 ) 4 VENDOR TOTAL Andrea Sa Andrea Sa Andrea Sa Andrea Sa Temp Services Temp Services Temp Services temp services 250-4010-542.40-10 250-4010-542.40-10 250-4010-542.40-10 250-4010-542.40-10 06/20/2005 06/20/2005 06/20/2005 06/22/2005 00 00 00 00 INC OFFICE DEPOT O!"FICE TEAM 009285 009286 009287 009405 0001997 0003955 13376214 13460044 13420987 13522149 VENDOR TOTAL pin name badges VENDOR TOTAL Street supplies Traffic Supplies Park supplies ) 01 ]0-01 30-01 30-01 40 250-4015-542 150-3005-532 150-3015-532 150-3025-532 00 06/27/2005 0000302 ORCHARD SUPPLY HARDWARE 5/26/05-8 009223 00 06/20/2005 5/26/05-A 009222 00 06/20/2005 5/26/05 009221 00 06/20/2005 ENGRAVING 009453 OMEGA 0000565 108442 VENDOR TOTAL 4,930.00 169.21 16.12 138.94 3,929.77 362.93 909.69 661.76 451.96 36.22 27.12 7.67 15.08 957.30 208.63 248.74 550.41 13.90 6.95 14.32 37.35 627.29 34 .81 234.86 7.94 16.50 advice VENDOR TOTAL Natural Gas Vehide 3/16-5/10 Natural Gas Vehide 4/26-5/25 Natural Gas Vehide 4/30-5/31 Buildings 3/16-S/10 N. Campus S/3-612 Parks 3/16.5/10 City wide St. lights 3/16-S/1 0 Traffic Signals Sn.a/6 Dagmar 4/28-5/26 traffic lights Sf8-6/8 Horseshoe 3/16-5/10 Saratoga Ave Med. 3116-5/10 Quito Ltg 3/16-5/10 Azule 3/16-5110 Sarahil1s 3/16.5/10 Vg. Ltg 3116-5f10 McCartysville 3/16.5/1 0 Cunningham 3116.5/10 Beawuchamps 3/16-5110 Kristy In 3/16-5/10 Vg. Pkg Dist 3116-5/10 Magnolia & Mine 3/16-5/10 Bellgrove 3116-5/10 Ronnie Way 3/16-5/10 Tollgate 3116.5/10 legal Mark-RooS 40-11 .30-20 .30-20 .30-20 .40-23 .40-17 .40-23 .40-23 .40-23 .4 0 ~23 .40-23 .40-23 .40-23 .40-23 .40-23 .40-23 .40-23 .40-23 .40-23 .40-23 .40-23 40-23 40-23 40-23 40-23 40-23 740-8010-733 001-1035-512 001-1035-512 001-1035-512 001-1060~513 001-1060-513 001-3030-532 150-3005-532 150-3015-532 150-3015-532 150-3015-532 150-3015-532 150-3025-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 180-3040-532 &. SUTCLIFFE LLP 00 06/27/2005 & ELECTRIC 00 06/15/2005 00 06/24/2005 00 07/03/2005 00 06/15/2005 00 07/02/2005 00 06/15/2005 00 06/15/2005 00 06/15/2005 00 07/06/2005 00 06/13/2005 00 06/27/2005 00 06/15/2005 00 06/15/2005 00 06/15/2005 00 06/15/2005 00 06/15/2005 00 06/15/2005 00 06/15/2005 00 06/15/2005 DO 06/15/2005 DO 06/15/2005 00 06/15/2005 DO 06/15/2005 DO 06/15/2005 00 06/15/2005 ORRICK, HERRINGTON 009496 0000307 PACIFIC GAS 3/16-5/10/05 -F009168 4/26-5/25/05 009217 4/30-5/31/05 009258 3/16-5/10/05 -8009164 5/3-6/2/05 009216 3/16-5/10/05 -A009163 3/16-5/10/05 -0009166 3/16-5/10/05 -C009165 5/7-6/6/05 009229 4/28-5/26/05 009252 5/8-6/8/05 009339 3/16-5/10/05 -E009167 3/16-5/10/05 -G009169 3/16-5/10/05 -Ho09170 ]/16-5/10/05 -1009171 ]/16-5/10/05 -J009172 3/16-5/10/05 -K009173 ]/16-5/10/05 -L009174 3/16-5/10/05 -M009175 ]/16-5/10/05 -1'1009176 3/16-5/10/05 -0009177 3/16-5/10/05 -P00917B ]/16-5/10/05 -Q009179 3/16-5/10/05 -R0091BO 3/16-5/10/05 -S0091el 0003151 0959401 ~ x ~ H ~ lA C 00 o " . 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'1'f.LO.L aOaN3^ DNnN30H~ WVI'1'1IM 5000000 --------------" --------------------------------------------- ----------------------------- ---------- .LNJlOWV NOI.LdIHJsaa ON 3.r.va ON ON ON 3~n.r.laN3dX3 li3.LI .LNfiO:J:lV 30a/:liJ3HJ )INti .0. d H.3HJOO^ 3JI01\.NI 3W'iiN "!:lOON3/\. ON oNai'l ---. ------------------------------------ ----------------------------- VDOLVHVS ~O ALIJ 500;::/8;::/90 :3J.va ~J3HJ soo;::jn/LO :ao sv '16((WD : WV"tiDOlid LSr'1 '1VAO"tiddV 3Hn.LrON3dX3 9(;:((;:('[ '<;00(;/8(;/90 03HVd3lid . " ~ ~ < ~ o ~ . 00 00 H " ~ ~ FISCAL IMP ACTS i None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City will not be in compliance with Government Code Section 53891 and Section 40804. ALTERNATIVE ACTION N/A FOLLOW UP ACTION - N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A - Cash and Investments by fund B - Change in total fund balances by fund C - Local Agency Investment Fund (LAIF) Monthly Apportionment Rates CC cdiac_investments@treasurer.ca.gov (June & December reports only, within 60 calendar days) SARATOGA CITY COUNCIL MEETING DATE: July 20, 2005 AGENDA ITEM: CITY MANAGER: pJ ~ " DEPTHEAD: ~~ ~ Michele Braucht ~r ORIGINATING DEPT: Administrative Svcs i( .' PREPARED BY: ViVi~~ SUBJECT: Treasurer's Report for the Month Ended June 2005 (Unaudited) RECOMMENDED ACTION That the City Council accepts the monthly Treasurer's Report. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. 41004. Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. Additionally with the passage of Chapter 687, Statutes of 2000 (AB 943 Dutra), effective January I, 200 I 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 (CDlAC) within 60 days. The CDlAC will use the report as an additional opportunity to examme 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 CDlAC 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 1st month of 1977 to present. A TT ACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances (unaudited) for the City's major fund types at June 30, 2005. It excludes Trust and Agency funds where the City acts merely as a third party custodian of an outside party's funds. As of June 30, 2005, transfers from General Fund to support the Gas Tax, Teens and Recreation operations have not been made. 06/30/05 07/01/04 Fund Fund Incrl(Decr) Balance Fund DesCription Balance Jul. Mar Revenues ExDenditures 1 ransrelS\Uiiiluditeal General General Fund 950,844 2,834,335 641,702 923,182 5,350,063 Designated Reserves: Operations 2,403,624 - - - 2,403,624 Eccnomic Uncertainty 1,500,000 (150,000) - - 1,350,000 Saratoga Youth Sports - - - - - Theatre Ticket Surcharge - 26,062 - - 26,062 CIP (Refunded from RDA) - 162,000 - - 162,000 Special Revenue Highway Users Gas Tax 551,771 (1,425,911) 98,667 174,437 (601,036) Landscape and Lighting 36,609 (55,456) 80,396 26,451 87,999 Deveiopment Services 741,697 (652,900) (78,225) 130,422 140,994 Environmental Programs 847,459 77,103 29,665 144,302 1,098,729 CDBG - (1,065) - 6,048 4,983 -' SHARP Loan 84,000 31,549 10,636 - 126,186 Recreation Services (407) (84,265) 62,051 68,304 45,683 Teen Services 12,864 (63,823) 1,908 15,174 (33,878) Facility Rental Services 20,509 47,305 9,306 10,872 87,993 Theater Ticket Surcharge 29,519 (19,602) - - 9,917 CD Deposits - Arborist Reviews - 0 168,077 - 168,077 CD Deposits - Geologist Reviews - 201,330 (86,829) - 114,501 Capital Project Park Deveiopment 200 73,772 - - 73,972 Library Expansion 1,179,492 (48,829) - 1,093 1,131,756 Public Safety 1,083,157 (247,578) 0 83,522 919,101 Infrastructure 2,821,696 14,072 374,641 6,436 3,216,845 Facility 543,584 (333,571) - 3,299 213,311 Park and Trails 501,291 (215,598) 68,478 9,042 363,212 Debt Service Library Bond 701,976 (349,385) 493,462 - 846,053 Internal Service Fund Technology Replacement 128,198 - - - 128,198 PERS retirement 139,668 (139,668) - - - Total City 14,277,751 (320,124) 1,874,135 1,602,582 - 17,434,344 ATTACHMENT A CASH AND INVESTMENTS BALANCE BY FUND As of June 30, 2005, the City had $234,274 in cash, $14,698,088 on deposit in LAIF and the City's bond trustee held $334,132 in the City's name. The bank reconciliations are completed thru the month of April 2005. 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 alI funds should not be reduced below $2,000,000. The total pooled cash balance as of June 30, 2005 is $15,266,493 and exceeds the limit required. Cash at Comerica Bank Deposit with LAIF Subtotal ro..h .;'h~; '__1 ^---, Total 234,274 14,698,088 $ $ $ 14,932,361 --S- ~~4 1 ~? $ 15,266,493 The following summarizes the City's total cash and investment balances by Fund. Cash & Investment Balance at Jun 2005 Fund Tvnes Fund Description (Unauditedl General General Fund $ 2,628,754 Designated Reserves: Operations $ 2,403,624 Econom ic Uncertainty $ 1,350,000 Theater Ticket Surcharge $ 26.062 CIP (Refunded from RDA) $ 162,000 Special Revenue Highway Users Gas Tax $ (880,876) Landscape and Lighting $ 64,916 Developm ent Services $ 335.599 Designated Reserve: Tree Preservation Ordinance 226 $ 161,654 Enviromental Programs $ 932,431 Development Fees $ 100,245 Community Development Block Grant $ (7,113) SHARP loan $ 126,186 Recreation Services $ (61,642) Teen Services $ (60,564) Facility Rental Services $ 81,261 Theater Ticket Surcharge $ 9,917 CD Deposits - Planning Reviews $ 661.975 CD Deposits - Arborist Reviews $ 113,542 PW Deposits. Geology Reviews $ 137,413 PW Deposits - Developer Fee (no interest) $ 116.500 Capital Project Park Development $ 73,972 Library Expansion $ 1.129.569 Public Safety $ 754,662 Infrastructure $ 3,203,973 Facility $ 206.715 Park and Trails $ 253,994 Debt Service Library Bond $ 846,036 Internal Service Technology Replacement $ 128,198 Trust/Agency Leonard Road $ 40,963 KSAR - Com m unity Access TV $ 73,540 Parking District #3 $ (181.146) Saratooa Public FinancinQ Authoritv $ 334,132 Total Citv $ 15,266,493 Phil Angelides, State Treasurer Inside the State Treasurer's Office .. PMIA Average Monthly Effective Yields 5.770 5.660 5.660 5.650 5.760 5.850 5.930 6.050 6.090 6.390 6.610 6.730 6.920 7050 7.140 7.270 7.386 7.569 7.652 7.821 7.871 8.110 8.286 8.769 8.777 8.904 8.820 9.082 9.046 9.224 9.202 9.528 9.259 9.814 10.223 10.218 10.980 11.251 11.490 11.480 12.017 11.798 10.206 9.870 9.945 10.056 10.426 10.961 10.987 11.686 11.130 11.475 12.179 11.442 12.346 12.844 12.059 12.397 11.887 11.484 11.683 12.044 11.835 11. 773 12.270 11.994 12.235 11.909 11.151 11.111 10.704 10.401 10.251 9.887 9.688 9.868 9.527 9.600 9.879 10.076 10.202 10.182 10.164 10.227 10.312 10.280 10.382 10.594 10.843 11.119 11.355 11.557 11.597 11.681 11.474 11.024 10.579 10.289 10.118 10.025 10.180 9.743 9.656 9.417 9.572 9.482 9.488 9.371 9.252 9.090 8.958 8.621 8.369 8.225 8.141 7.844 7.512 7.586 7.432 7.439 7.365 7.157 7.205 7.044 7.294 7.289 7.464 7.562 7.712 7.825 8.121 8.071 8.078 8.050 7.945 7.940 7.815 7.929 8.089 8.245 8.341 8.397 8.467 8.563 8.698 8.770 8.870 8.992 9.227 9.204 9.056 8.833 8.801 8.771 8.685 8.645 8.571 8.538 8.506 8.497 8.531 8.538 8.517 8.382 8.333 8.321 8.269 8.279 8.164 8.002 7.775 7.666 7.374 7.169 7.098 7.072 6.859 6.719 6.591 6.318 6.122 5.863 5.680 5.692 5.379 5.323 5.235 4.958 4.760 4.730 4.659 4.647 4.678 4.649 4.624 4.605 4.427 4.554 4.438 4.472 4.430 4.380 4.365 4.384 4.359 4.176 4.248 4.333 4.434 4.623 4.823 4.989 5.106 5.243 5.380 5.528 5.612 5.779 5.934 5.960 6.008 5.997 5.972 5.910 5.832 5.784 5.805 5.748 5.698 5.643 5.557 5.538 5.502 5.548 5.587 5.566 5.601 5.601 5.599 5.574 5.583 5.575 5.580 5.612 5.634 5.667 5.679 5.690 5.707 5.705 5.715 5.744 5.742 5.720 5.680 5.672 5.673 5.671 5.652 5.652 5.639 5.557 5.492 5.374 5.265 5.210 5.136 5.119 5.086 5.095 5.178 5.225 5.274 5.391 5.484 5.639 5.760 5.824 5.851 6.014 6.190 6.349 6.443 6.505 6.502 6.517 6.538 6.535 6.372 6.169 5.976 5.760 5.328 4.958 4.635 4.502 4.288 3.785 3.526 3.261 ;) 3.068 2.967 2.861 2.845 2.740 2.687 2.714 2.594 2.604 2.487 2.301 2.201 2.103 1.945 1.904 1.858 1.769 1.697 1.653 1.632 1.635 1.596 1.572 1.545 1.528 1.440 1.474 1.445 1.426 1.469 1.604 1.672 1.771 1.890 2.003 2.134 2.264 2.368 2.542 2.724 2.856 2.967 ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Contract 2 , SARATOGA CITY COUNCIL MEETING DATE: July 20, 2005 AGENDA ITEM: ORIGINATING DEPT: Community DevelopmentCITY MANAGER:~.:;7 ~ 36 ____ SUBJECT:. ~nd@nt Contractor Agl"eement-fol'-Deborah TTngn_Mrrnrm;rk , AICP, Com. Dev. Dir. DEPT HEAD: RECOMMENDED ACTIONS: Authorize the City Manager to execute the agreement with Deborah Ungo-McCormick for planning and development services. REPORT SUMMARY: January 5,2005 the City Council approved a contract with Deborah Ungo-McCormick to fill in for the vacant Associate Planner position. Since Deborah started there has been a steady increase in planning applications and the vacancy of a second Associate Planner position. Deborah has successfully processed 11 projects and currently has 15 active applications. Both of the vacant planning positions have been filled, with the second new planner starting July 18th. Staff would like to maintain Deborah as a contract planner so she can continue to process her existing projects. It also will provide staff with some flexibility as the new planners are trained and staff begins work on updating the General Plan and Zoning Ordinance. FISCAL IMPACTS: The budget for this fiscal year already includes $54,000 for contract planning services; therefore no transfer of funds is required. Deborah operates in a cost recovery mode; therefore there is no negative impact to the budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Without a contract planner, the City will have difficulty completing essential planning and development functions in a timely manner. ALTERNATIVE ACTIONS: Select another option to meet City's needs. FOLLOW UP ACTIONS: Execute the contract agreement. CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, Califomia by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Deborah Ungo- Md;ormkk, ("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 ACHIEVED Subject to the terms and conditions set forth in this Agreernent, 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 frorn the Finance Department of the City of Saratoga. 2. TERM The terrn of this Agreernent commences on August 1, 2005, and extends through July, 2006 or the completion of the 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 Agreernent as provided in Exhibit D at all times. Page 1 of 20 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 CITY OF SARATOGA TRANSMITTAL MEMORANDUM FOR CONTRACT EXECUTION Submitting Department/Staff Contact: -:SO \W ( / i3 / oS i I Date: LWW fSlO rv e- Please sign each copy of the attached, where indicated and return to the City Clerk. When the contract is fully executed the City Clerk will return either a duplicate original or copy to the submitting department and will send a certified copy to contractor/consultant. Route To: ~artment Director ~. Scope of Work ~ Term ~/ Terms of Payment ru Use of City Facilities D City Attorney o Approved as to Form o Approved with Changes o Not Approved City Attorney Initials/Date__ D Administrative Services Director Insurance Requirements: A1.---R~ f\O'l ~\\..-e, oJ , o Commercial/General Liability o Auto Liability c=J ProfessionaVErrors and Omissions o Worker's Compensation o Additional Insured Endorsement I o Public Works Contracts - all insurance specified on page 14 o Funding Available ONo Funding Available o Budget Resolution Required Notes: Director's Initials/Date D City Manager o Approved o Denied City Manger's Initial's /Date: 1. 2. Contractor Name: DeboMt\ vIJ(;()~ Me (oifUJ\.lu<. Brief description of services to be provided: rU\J'JN\iJG (ON"1f2-ACT 512 R\JI Cf'.5> 5-1- k' I d-.SO- 401'0.-.5 '+ 4, ss- 3 h . 3. Contract amount & budget account number: 4. City Services and Facilities to be provided (Summary of Exhibit C): (0 IV\f'JI~ J (li r, \ C,.!>L ~ fA IF / I communications hereunder via telefacsimile. However, under no circurnstances shall such courtesy notice satisfy the notice requirernents set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirernent 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: Deborah Ungo-McCormick, AlCP 1057 Glen Echo Avenue San Jose, CA 95125-4316 Notices to City shall be sent to: John F. Livingstone, AICP Comrnunity Development Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreernent supersedes any and all agreernents, 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 agreernents between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreernent acknowledges that no representations, inducements, prornises or agreernents, orally or otherwise, have been rnade by any party, or anyone City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 3 of 20 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 FACILITlES....AND EOUIPMENT Exc.~rt ,,~ ~~t forth in Exhihit 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 Agreernent. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terrns 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 terrns 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 Agreernent 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 Michele Braucht ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreernent, and comrnunicate 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 cornrnunication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 2 of 20 EXHIBIT A SCOPE OF WORK Contractor shall complete the attached Scope of Work. Work on planning projects as assigned by the Cornrnunity Development Director. Page 5 of 20 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 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 terrns 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:-~---'--- ----I;>at@.;-------- Print Name: Position: CITY OF SARATOGA, a municipal corporation By: Date: Name: Title: APPROVED AS TO FORM: By: Date: City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Date: Administrative Services Director Attachrnents Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C ~- Facilities and Equiprnent Exhibit D -- General Provisions Exhibit E -- Insurance Requirements City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 4 of 20 EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City ernployees 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. 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 comrnunication charges, vehicles, and reproduction facilities. Contractor shall not use such services, prernises, facilities, supplies or equipment for any purpose other than in the perforrnance of Contractor's obligations under this Agreernent. Page 7 of 20 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of Fifty-four Thousand dollars ($54,0001 for work to be performed and reimbursable costs incurred 'pursuant to thIS Agreement. Tne total sum stated above shall be the total which City shall pay for the work product to be provided by Contractor pursuant to this Agreement. The contractor shall bill the City at an hourly rate of$81.10. 2. INVOICES Contractor shall subrnit 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 surnrnary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all rernaining billing periods. 3. MONTHLY PAYMENTS City shall rnake rnonthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reirnbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall reimbursement of expenses incurred by Contractor Exhibit A to this Agreement. be no right to except as specified In Page 6 of 20 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 --~---"..__.._^--~~,."- 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 ernployee 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 payor 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 assignrnent 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 perforrned under this Agreernent as rnay be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to cornplete the Scope of Work pursuant to this Agreernent. 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, irnmediately upon receiving notice from city of such desire of City, cause the rernoval of such person or persons. b. Employment Eligibility. Contractor shall ensure that all ernployees of Contractor and any subcontractor retained by Contractor in connection with this Agreernent have provided the necessary documentation to establish identity and employment eligibility as required by the lrnrnigration Reform and Control Act of 1986. Failure to provide the necessary docurnentation will result in the termination of the Agreernent 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. Page 9 of 20 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03jlS/Ol -~----~----~.._.~----~-------_._- 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 ernployee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in ----C-ontractor's f1em:- C1ty sha:rr-trave 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 accornplishes 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 lirniting 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 Agreernent in the rnanner 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 workrnanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such tirne to the Scope of Work pursuant 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 irnplied, 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. Page 8 of 20 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 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 ernployees 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 Lv d. \...111Uiual JIU~ ~lC::llulc; viulGlliull U(";l.;Ullil1~ d..l ~Ul.Jl d.. fi:1L.:iliLy, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will corn ply with Title Vll 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 frorn 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, rnaps, models, charts, studies, surveys, photographs, memoranda or other written documents or rnaterials 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 rnake 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. c. Use Of 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. Page 11 of 20 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 "-,--,,-,-,,-"~"-'~."-'-'->-' ,.'-' - --.-....--..-..-- --'--~ 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 oC City Officers and Staff. No officer, member or cwpluyee of City and no membo of the City Council shall havc any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any mernber 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. 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 governrnental agencies, (including federal, state, rnunicipal and local governing bodies) applicable to the perforrnance 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 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 terrn of this Agreernent any licenses, perrnits, and approvals which are legally required for Contractor to practice its profession. c. Funding Agency Requirements. To the extent that this Agreement rnay be funded by fiscal assistance from another entity, Contractor shall corn ply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Page 10 of20 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 .-,..-.--....---..--.....-------'.' of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harrnless 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 irnpliedly, in whole or in part, to the perforrnance of this Agreement. All obligations under this l.HOvi,,;on ale to be paiJ by e01,t,act.ol a5 thG}' ale inelilIed by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreernent or this section, Contractor shall not be required to indemnify and hold harrnless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is deterrnined by agreernent 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 obligation under this agreernent for liability proven in a court of cornpetent 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 lirnited 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 ernployees and officials. e. Subcontractors. Contractor agrees to obtain executed indernnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations frorn others as required here, Contractor agrees to be fully City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 13 of 20 .<O"__"~ .".__._.-._--,~---".._..,._~._,. - 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 report/ design 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. 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 inforrnation to any person or entity, either during the term of the Agreement or at any tirne thereafter. Upon expiration of this Agreernent, 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. 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, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indernnity 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 Page 12 of 20 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 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 rernedy 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 Cily IHay leIluiuale Lhi~ A~let;IlleIll aL auy LillH:: wilhuul I.JliuI l1uli\,;c ill llu::: event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement conceming 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 terrnination 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 clairns, they shall submit them to non-binding rnediation 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. In the event any dispute resolution processes are involved, each party shall bear 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 attomeys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be adrninistered and interpreted under the laws of the State of Califomia. Jurisdiction of litigation arising from this Agreernent 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. Page 150f20 City of Saratoga! Standard Contract Agreement My Documents/Contracts 03/15/01 ..-..-----.---... ,~<,._._~".~.__._---_...._.- ...__._,,_.___,__._____.._~._,...__.._~.._....... _.._._._'_'M' responsible according to the terrns of this section. f. In General. Failure of City to rnonitor compliance with these requirernents imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees Ll'Gll it I",,, lead Cl11d ullJe! stCl1lds ti,e p!O\lisi01ls he1 eof a:hd tI,at 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 REOUIREMENTS 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 deterrnines the health, welfare, or safety of the public is irnmediately endangered; or 2. Failure to perform any obligation under this Agreernent 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 irnmediately endangered, provided that if the nature of the breach is such that the City deterrnines it will reasonably require rnore 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. 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 perforrn this Agreement and/or seek damages including incidental, City of Saratogaj Standard Contract Agreement My DocumentsjContracts 03(15(01 Page 14 of 20 EXHIBITE INSURANCE Please refer to the insurance requirernents listed below. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreernent (ignore any not checked). Contractor shall provide its insurance broker(s)/ agent(s) with a copy of lllt:::st:: Iey.uiH::U.lt::ul::s c:luJ It::y'uc::sl Uld..l LIley }.JIvviJc eel tifiCd..tc~ of Iu5UlallCe cornplete 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 endorsernents 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 comrnences. 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. L Cornrnercial 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 Forrn 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. L Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single lirnit for bodily injury and property damage Page 17 of 20 City of Saratoga/ Standard Contract Agreement My Documents/Contracts 03(15(01 20. 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 Agreernent. 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. 21. PARTIES IN INTEREST. This Agre<:,went is pnterpn only fOI"--them_. benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 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 Agreernent. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 Page 16 of20 -1L Additional Insured Endorsernent(s) for Cornrnercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payrnent of prernium). NOTE: the following words must be crossed out or deleted from the standard caI,ccllation clause. ". . . cndeavor to. . ." f.ND ".. . but failurc-te-- mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must cornply 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 declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and ernployees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, clairn administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, prernises 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, ernployees or volunteers. Page 19 of20 City of Saratoga/ Standard Contract Agreement My Documents/Contracts 03/15/01 --,-~-,~,,---'--'"--'-""~' ,,~-~_.'-"'-'" ......__._^-_.,--~-~ $ per person/$ per accident for bodily injury $ per occurrence for property damage $ 500,000 cornbined 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. Professional/Errors and Omissions Liability with indicatcd: coverage as $1,000,000 per 10ss/ $2,000,000 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' Cornpensation Insurance 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 rnakes 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 ernployer to be insured against liability for workers' cornpensation or to undertake self-insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract The contractor is an independent contractor in the perforrnance of this agreement and is not an employee of the City of Saratoga. The Contractor shall not have any claim under this agreement or otherwise against City for any social security, workers cornposition or employee benefits extended to ernployees of the City. This Agreernent is solely for the term specified above 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 the Contractor under a new agreement following expiration of termination of this agreement. Page 180120 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to corn ply 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 dairn 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 lirnits 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 Page 20 of 20 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 FISCAL IMPACTS: Saratoga will receive a check for $44,132 within five days of SV ACA's receipt of the agreement. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Receipt of funding owed to Saratoga would be delayed. ALTERNATIVE ACTIONS: Choose not to approve the agreement. FOLLOW UP ACTIONS: Staff will execute agreement and deposit the check into the General Fund. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: . Attachment A: Settlement and Mutual Release of Claims Agreement . Attachment B: Independent Auditor's Report . Attachment C: Calculation of Amounts to be distributed to Members Withdrawing from Silicon Valley Animal Control Authority at June 30, 2004 2 SARATOGA CITY COUNCIL 3# MEETING DATE: July 20, 2005 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: O....7~ ~- I ~ PREPARED BY: Lorie Tinfow, Ass" City M!!r. DEPT HEAl)- U",3v'\ D Lorie Tinfo SUBJECT: Acceptance of Settlement and Mutual Release Agreement with the Silicon Valley Animal Control Authority RECOMMENDED ACTIONS: Authorize execution of the Settlement and Mutual Release Agreement with the Silicon Valley Animal Control Authority. REPORT SUMMARY: In 2001, the City of Saratoga formed a Joint Powers Authority (JPA) with six other cities: Los Gatos, Santa Clara, Campbell, Monte Sereno, Sunnyvale, Cupertino. Over the course of the partnership, escalating costs associated with service delivery and shelter construction prompted Snnnyvale to withdraw in 2003, and Cupertino, Los Gatos and Saratoga to withdraw in 2004. The agreement provisions specified that should a city withdraw from the JP A, it would receive a portion ofSV ACA's fund balance. Sunnyvale received it's settlement in 2004. The amount due to Saratoga and the other two cities that withdrew in 2004, could not be determined until SV ACA's year end financial documents had been completed and audited. SV ACA submitted to Los Gatos, Cupertino and Saratoga an Independent Auditor's Report and a report entitled "Calculation of Amounts to the Distributed to Members Withdrawing from Silicon Valley Animal Control Authority at June 30, 2004" (copies attached). Maze & Associates, a reputable firm that represents approximately 100 public agencies, prepared both documents. The Independent Auditor's Report provides an unqualified opinion ofthe financial information. Saratoga's portion to be returned is $44,132. The amount is based on the total funds each agency contributed over the life of the JPA. Cupertino made the decision to withdraw prior to the adoption of an amendment to the JP A that affected the amount of funding directed to reserves so the calculation used for them was different than the one used for Los Gatos and Saratoga. Staff has reviewed the financial documents and the agreement, and recommends acceptance of the settlement amount and the execution of the agreement. 2. General Release. The Parties desire to provide for a final and binding resolution of all outstanding issues and potential claims related to the JP A, the Animal Control Services and the relationship between SV ACA and the City (hereinafter collectively referred to as "JP A Matters"). This mutual agreement to release all claims, whether known or unknown, is a material inducement to both Parties to enter into this Agreement. Both SV ACA and the City agree that there IS adequate consideratiun fUl all uftlu, PlUUli,,,,, IGkases;-eo,cnants and obligations set forth in this Agreement. Accordingly, each Party hereby releases and forever discharges the other Party, its officers, directors, employees, attorneys, agents, and any and all other persons or entities who have acted on its behalf, from any and all claims, demands, warranties, actions, causes of action, obligations, liens, agreements, loss, damages, cost, expenses and any liabilities of any nature whatsoever, whether or not now known, anticipated, suspected or claimed, which arise out of, are based upon, or are in any way connected to JP A Matters, save and except the obligations set forth in this Agreement. 3. Waiver of California Civil Code Section 1542. The Parties acknowledge that there is a risk that, subsequent to the date of this Agreement, they may incur, suffer or sustain injury, loss, damage, costs, attorneys' fees, expenses, or any ofthese, which are in some way caused by and/or connected to JP A Matters, and which are unknown and unanticipated at the time this Agreement is sigued, and which are not presently capable of being ascertained. It is nevertheless expressly understood and agreed by the Parties that by entering into this Agreement, they expressly waive all rights under Section 1542 of the Civil Code of California which arise out of, are based upon, or are in any way connected to JP A Matters. Said section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTORS. 2 1118107.1 "<~",--",--",,-,-~'--"--- ,,_.,-~-,_.._~----,,---^--_._._..._~--_'_-----'--'~--"-- /fM(-HMOJf A SETTLEMENT AND MUTUAL RELEASE OF CLAIMS AGREEMENT This Settlement and Mutual Release of Claims Agreement ("Agreement") is made as of , 2005 by and between the Silicon Valley Animal Control Authority ("SV ACA") and the City of Saratoga (the "City") (collectively the "Parties"). RECITALS A. The City was an original member agency ofSV ACA, an entity created in July 2000 by execution of the Joint Powers Agreement creating the Silicon Valley Animal Control Authority (the "JP A") whose mission is to provide animal control services ("Animal Control Services"). B. Section 8.2 of the JP A provides for voluntary withdrawal by a member agency, and Section 8.2.4 calls for reimbursement to a withdrawing agency and sets forth a process by which to determine the amount to be reimbursed to a withdrawing agency. C. By letter dated January 22,2004, the City gave notice of its decision to withdraw from the JP A, effective June 30, 2004. D. The City has agreed to accept reimbursement for its withdrawal from SV ACA in the amount of $44,132 which was determined by the calculation method approved by the SV ACA Board of Directors at its regular meeting of June 30, 2004. AGREEMENT In consideration of the promises and mutual covenants and agreements contained herein, the Parties agree as follows: 1. Pavment. Within 5 working days of SV ACA's receipt of this Agreement executed by the City, SV ACA will pay the City the total amount of Forty-Four Thousand One Hundred Thirty-Two Dollars Exactly ($44,132). 1118107,} In any litigation for the breach of or to enforce a provision of this Agreement, the prevailing party shall also recover its costs, non-statutory expenses, and attorneys' fees. 8. California Law Applies. This Agreement shall be construed by and enforced in accordance with the laws of the State of California. 9. Successors and Assil!ns. This Agreement shall inure to the benefit of and be ----omding upon th"sU"""SSUlS "uJ."";l;lIS uHhc Partics, 16gethcr with its offieers, dinlctors, employees, attorneys, agents, and any and all other persons or entities who have acted on its behalf and its predecessors-in-interest, successors-in-interest, and subrogees. 10. Authorities to Execute the A!!reement. The Parties represent and warrant that they have the sole right and exclusive authority to execute this Agreement and that they have not sold, assigned, transferred, conveyed, or otherwise disposed of any claim or demand against the other Party relating to any matter covered by this Agreement. 11. Entire A!!reement. The Parties agree that the terms of this Agreement are contractual and are not mere recitals. Each Party further declares and represents that no promise, inducement, or agreement not expressed herein has been made by the other Party to induce it to enter into this Agreement. This Agreement constitutes the entire agreement between the Parties as to its subject matter and supersedes any and all representations, promises and understandings of any kind, whether oral or written. The Parties agree that this Agreement may not be altered, amended, modified or otherwise changed except by a written amendment executed by each of the Parties. 12. Each Party. Each Party declares that prior to the execution ofthis Agreement, it has apprised itself of sufficient information to intelligently exercise its judgment in participating in the drafting of, deciding on the contents of, and determining whether to execute this Agreement. Both Parties represent that the contents ofthis Agreement have been explained to 4 1118107.1 _.,-~--~_.,-_._-----,,,,-_._-~,._-_.--", 4. No Admission. Neither the terms of this Agreement nor any action taken under it shall constitute or be construed as an admission by either Party of any liability or fault on its part. The execution of this Agreement, the negotiations leading to its execution and any action taken pursuant to its terms shall not be admissible for any purposes in any proceeding except a proceeding to enforce the terms of this Agreement. 5. Costs and Attornevs' Fees. Each Party shan be responsible for the payment of its own costs, attorneys' fees, and all other expenses incurred in connection with this Agreement and an matters released herein. 6. Covenant Not to Sue. The Parties understand and agree that they will not commence, maintain, or prosecute against the other party, its officers, directors, employees, attorneys, agents, and any and all other persons or entities who have acted on its behalf, any court action or other legal proceeding that is based upon any claim, demand, cause of action, damage, liability, obligations, loss or expense released in Paragraph 2 of this Agreement. The parties further understand and agree that they will not execute or seek to impose, conect or recover upon or otherwise enforce any judgment, warrant or attachment against the other party, its officers, directors, employees, attorneys, agents, and any and all other persons or entities who have acted on its behalf on account of or arising from any such claims, demands, causes of action, damages, liabilities, obligations, losses and expenses, except those that may arise from this Agreement or those unrelated to JP A Matters. 7. Indemnity and Attornevs' Fees. Should either Party breach any ofthe provisions of this Agreement, the breaching Party shall indemnify and hold harmless the other Party from and against an claims, causes of action, obligations, damages and liabilities, including court costs, consultants' fees, and attorneys' fees, arising from or in connection with the breach. 3 1118107.1 hn11M (J\Jf () INDEPENDENT AUDITOR'S REPORT Honorable Members of the Board of Directors of Silicon Valley Animal Control Authority Santa Clara, California We have audited the financial statements of the Silicon Valley Animal Control Authority, as of and for the year ended June 30, 2004, as listed in the Table of Contents. These basic financial statements are the responsibility of the Authority's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evalnating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the basic financial statements referred to above present fairly, in all material respects, the financial position of the Silicon Valley Animal Control Authority as ofJune 30, 2004 and the changes in the financial position and cash flows thereof and the budgetary comparisons listed as part of the basic financial statements for the year then ended in conformity with accounting principles generally accepted in the United States of America. The basic financial statements referred to above follow the requirements of the Government Accounting Standards Board's Statement No. 34, Basic Financial Statements-and Management's Discussion and Analysis{or State and Local Governments, No. 36, Recipient Reporting for Certain Non-exchange Revenues, an Amendment of GASB Statement No. 33, No. 37, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments; Omnibus, and No.3 8, Certain Financial Statement Note Disclosures, as discussed in Note 1 to the Basic Financial Statements. Management's Discussion and Analysis is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary infonnation. However, we did not audit the information and express no opinion on it. ,<-~..._._---_._--"-'~-'>._'-"'---_.-._----_._-""'-,._. them by their counsel and that this Agreement is entered into freely and voluntarily, upon the advice and with the approval oftheir counsel. IN WITNESS WHEREOF, the Parties execute this Agreement as of the dates set forth below. SILICON VALLEY ANIMAL CONTROL AUTHORITY CITY OF SARATOGA By: Chair of Board By: Mayor ATTEST: ATTEST: By: Secretary of SV ACA By: City Clerk APPROVED AS TO FORM APPROVED AS TO FORM By: Attorney for Silicon Valley Animal Control Authority By: City Attorney 5 1118107.1 MANAGEMENT'S DISCUSSION A D ANALYSIS Silicon Valley Animal Control Authority has issued the financial reports for fiscal year ending June 30, 2004 based on th provisions of the Government Accounting Standards Board Statement 34, "Basic Fin ncial Statement and Management's Discussion & Analysis-for State and Local Go rnments," (GASB 34). One of the most significant requirements of GASB 34 is for go emment entities to prepare financial reports using the full accrual basis of accounting. Si ce Silicon Valley Animal Control Authority has always been using this method of accounti g, changes in its financial reports are primarily in the format of presentation. GASB 34 requires Silicon Valley financial activities in the fiscal y accompanying financial statements. nimal Control Authority to provide an overview of ar and it should be read in conjunction with the OVERVIEW OF BASIC FINANCIA STATEMENTS The Basic Financial Statements req ired under GASB 34 include: (1) Statement of Net Assets-pr vides information about the financial position of Silicon Valley Animal Control Auth rity, including assets, liabilities and net assets. The difference between this sta ment and the traditional Balance Sheet is that net assets (fund equity) are sh wn as the difference between total assets and total liabilities. (2) Statement of Activities-pres nts revenues, expenses and changes in net assets for the fiscal year. It differs with the traditional Statement of Revenues and Expenses in that revenues and expen es ditectly attributable to operating programs are presented separately from in estment income and financing costs. (3) Statement of Cash Flows provides itemized categories of cash flows. This statement differs from the t aditional Statement of Cash Flows in that it presents itemized categories of cash i flows and out flows instead of computing the net cash flows from operation by ba king out non-cash revenues and expenses from net operating income. In addi ion, cash flows related to investments and financing activities are presented sepa ately. FISCAL YEAR 2004 FINANCIAL IGHLlGHTS Silicon Valley Animal Control Auth rity's financial highlights for the fiscal year include the following: . Total assets at June 30, 2004 were $1.77 million. At June 30, 2003, total assets were $1.10 million. , . Total operating revenues were $1.55 million in FY 2004, while total operating expenses were $1.55 million. . Total non-operating revenues, including contributions to the Thomas Road project, were $660 thousand. . Total net assets increased $453 thousand in FY 2004 to a new total of $1.24 million at June 3D, 2004. 3 ,____.'" .______________~uu Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The supplemental section listed in the Table of Contents is presented for purposes of additional analysis and is not a required part of the basic financial statements. This information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. -----September 10, 2004 ~/4~ --------------- 2 SILICON V ALLEY ANIMAL CONTROL AUTHORITY STATEMENT OF NET ASSETS AND STATEMENT OF ACTnnTffiS The purpose of the Statement of Net Assets and the Statement of Activities is to summarize SV ACA's financial activities and financial position. They are prepared on the same basis as is used by most businesses, which means they include all the SV ACA's assets and all its liabilities, as well as all its revenues and expenses. This is known as the full accrual basis-the effect of all SV ACA's transactions is taken into account, regardless of whether or when cash changes hands. The Statement of Net Assets reports the difference between SVACA's total assets and SVACA's total liabilities, including all SV ACA's capital assets and all its long-term debt. The Statement of Net Assets presents similar information to the old balance sheet format, but presents it in a way that focuses the reader on the composition ofSV ACA's net assets, by subtracting total liabilities from total assets. The Statement of Activities reports increases and decreases in SV ACA's net assets. It is also prepared on the full accrual basis, which means it includes all SV ACA's revenues and all its expenses, regardless of when cash changes hands. These financial statements along with the fund financial statements and footnotes are called Basic Financial Statements. 5 ---.,-....-..-,-....-.--.-,.--..-.----..."..--'..-"--- . Professional services expenses were $156 thousand at June 30, 2003 and $217 thousand at June 30, 2004. The $61 thousand increased expenses included legal settlements. CLAIMS SETTLEMENT AND RESERVES FOR CLAIMS Silicon Valley Animal Control Authority had no claims as of June 30, 2004. INVESTMENT ACTIVITIES As required by GASB, Silicon Valley Animal Control Authority reports its investments at fair. value. At June 30, 2004, Silicon Valley Animal Control Authority had $651,194.49 invested in the Local Agency Investment Fund (LAIF). LAIF is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. MAJOR PROGRAM INITIATIVES AND ECONOMIC OUTLOOK Overall, 2003-04 w~s somewhat tumultuous as SVACA again experienced a year of ttansition and change. Cupertino, Los Gatos and Saratoga elected to withdraw from the agency effective July 1, 2004. In 2004-05 SVACA will be a three member agency composed of Campbell, Monte Sereno and Santa Clara. In February, a fire caused SVACA to be homeless for a spell. Also in February, SVACA experienced a change in leadership. All the while SVACA continued to deliver high quality service. Some of the highlights of the year follow. The Board of Directors approved a withdrawal reimbursement amount of $254,414 to be distributed to the City of Sunnyvale. Three more cities withdrew from SVACA in 2003-04 and additional reimbursements totaling $214,026 will be distributed in 2004-05. The Animal Licensing Program continued to improve as revenues for the licensing program increased almost 6% in FY 2003-2004 over the prior year. SVACA will attempt to increase the license compliance rate in the member cities through increased outreach, education and enforcement. Lastly, the Board of Directors decided to move forward with the purchase of a building that will be retrofit into an animal shelter. The shelter design will be completed in 2004-05 with the hopes of breaking ground in July 2005. The Thomas Road property was identified late in the fiscal year and is expected to be purchased early in fiscal 2004-5. CONTACTING PLAN'S FINANCIAL MANAGEMENT The Basic Financial Statements are intended to provide Silicon Valley Animal Control Authority members, citizens, creditors and other interested parties a general overview of the Silicon Valley Animal Control Authority's finances. Questions about these statements should be directed to Silicon Valley Animal Control Authority, 2324 Walsh Avenue, Santa Clara, CA 95051. 4 SILICON V ALLEY ANIMAL CONTROL AUTHORITY STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED JUNE 30, 2004 Budget PROGRAM OPERATING REVENUES Member contributions (Note 4) Licensing Board, impound & quarantine fee Field service charge Rt:LUlllcd ..In;;",)..::> fb... $1,410,174 90,000 30.500 Total operating revenues 1,530.674 PROGRAM OPERATING EXPENSES Advertising Bank service charges Communications Computer Costs Contract Shelter fees Dues and subscriptions Equipment expenses Insurance Supplies and miscellaneous Professional services Recruitment and testing Rent Repairs Salaries, wages & benefits Training and education Unifonns Utilities Vehicle expenses Depreciation expense 500 22,504 3.500 430,000 1,500 4,798 46,038 19.900 125.854 250 52,597 2,800 750,092 10,900 600 6.760 12,000 Total operating expenses 1.490,593 OPERA rING INCOME 40.081 NON-OPERATING REVENUES (EXPENSES) Contribution to Thomas Road Project (Note 4) Interest income Loss on Sale of Assets Donations 15,200 Net non-operating revenues 15,200 NET CHANGE IN NET ASSETS $55,281 Extraordinary Item Provision for Members withdrawal (Note 4) NET ASSETS AT BEGINNING OF YEAR NET ASSETS AT END OF YEAR Variance Positive Actual (Negative) $],410,174 99,779 $9,779 43,269 12,769 809 809 123 ~_. ---l2>--- - 1,554,156 23,482 500 708 (708) 24,114 (1,610) 5,093 (1.593) 444,954 (14.954) 1,242 258 3.670 1,128 42.648 3,390 42,210 (22,310) 217,450 (91,596) 250 45,455 7,142 1,745 1,055 651,353 98,739 9.344 1,556 219 381 6.196 564 14,666 (2,666) 36,182 (36,182) 1.547,249 (56,656) 6,907 80,138 648,043 648,043 11.757 (3,443) (483) (483) 1,225 1,225 660.542 645,342 667,449 $725.480 (214.026) 785.632 $1.239,055 See accompanying notes to general purpose financial statements 7 SILICON VALLEY ANIMAL CONTROL AUTHORITY STATEMENT OF NET ASSETS JUNE 30, 2004 ASSETS Current Assets Cash (Note 2) Bank of America Local Agency Investment Fund Thomas Road Escrow (Note 7) Petty Cash Interest receivable Accounts receivable Prepaids $9':1.77~Q 651,t94 100,000 188 454 2,023 5,742 Total Current Assets 1,697,340 Total Assets 160,246 (88.569) 71,677 1,769,0J7 Capital assets (Note 3) Less accumulative depreciation Capital Assets, net LIABILITIES Current Liabilities Accounts payable Accrued payroll Accrued compensated absences (Note IE) Member withdrawal reimbursements (Note 4) $27,791 J7,913 15,818 468,440 Total Liabilities 529,962 NET ASSETS Invested in capital assets Restricted - Chubz Fund Unrestricted 71,677 3,041 1,164,337 Net Assets $1,239,055 See accompanying notes to basic fmancial statements 6 SILICON VALLEY ANIMAL CONTROL AUTHORITY BASIC FINANCIAL STATEMENTS I NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. General Silicon Valley Animal Control Authority, (the Authority) established in July, 2000, is a Joint Powers Agency formed by the Cities of Campbell, Cupertino, Monte Sereno, Santa Clara, Saratoga and Sunnyvale and the Town of Los Gatos to provide animal services within the member Cities' limits. The mission of the Authority is to ensure the well being-of both animals and residents of our communities by delivering high-quality, responsive and cost-effective animal control services. Our mission is accomplished by enforcing animal control laws, promoting responsible pet ownership through outreach and education, and providing compassionate service to animals and their owners. The Authority signed an agreement effective July 1,2001 with the Humane Society of Santa Clara Valley (Humane Society), which requires the Humane Society to provide facilities, personnel, shelter and animal services. The Humane Society is also required to insure the Authority against automobile, workers compensation and general liability losses. The Humane Society is paid monthly; the fees are based on a "per animal basis" and re-adjusted every 6 months. The contract with the Humane Society has been extended through fiscal year 2005-2006. During fiscal year 2004, the Authority was govemed by a Board of Directors consisting of two representatives from the City of Santa Clara and one representative each from the Cities of Campbell, Cupertino, Monte Sereno, Saratoga, and the Town of Los Gatos. (See Note 4). The following is a summary of significant accounting policies of the Authority, which conform with generally accepted accounting principles applicable to governments. B. Basis of Presentation The City's Basic Financial Statements are prepared in conformity with accounting principles generally accepted in the United States of America. The Government Accounting Standards Board is the acknowledged standard setting body for establishing accounting and financial reporting standards followed by governmental entities in the U.S.A. The accompanying financial statements are presented on the basis set forth in Government Accounting Standards Board Statements No. 34, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments, No. 36, Recipient Reporting for Certain Non-exchange Revenues, an Amendment of GASB Statement No. 33, No. 37, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments; Omnibus, and No. 38, Certain Financial Statement Note Disclosures. C. Fund Accounting The Authority is accounted for as an enterprise fund. This fund is a set of self-balancing accounts which comprise its assets, liabilities, net assets, revenues and expenses. 9 ._._-----,--_._-'-'_._","'---~_.'-_.,~-_.~--~- SILICON VALLEY ANIMAL CONTROL AUTIIORITY STATEMENTS OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2004 CASH FLOWS FROM OPERATING ACTIVITIES Cash received from member agencies Cash received from customers Payments for salaries, wages & benefits Payments to suppliers Payments for Shelter Services Contract $1,410,174 148,755 (667,794) (397,066) (444,9'4) NET CASH FLOWS PROVIDED BY OPERATING ACTIVITIES 49,115 CASH FWWS l'RUM NUN CAl'.l.lALACIIV.111~ Donations 1,225 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Additions of capital assets Proceeds from sale of capital assets Interest income Contribution fOf Thomas Road Project (1.478) 3,877 15,145 648,043 NET CASH FLOWS PROVIDED BY CAPITAL AND RELATED FINANCING ACTIVITIES 665,587 NET CASH FLOWS 71',927 cASH AND INVESTMENTS AT BEGINNING OF YEAR 973,194 CASH AND INVESTMENTS AT END OF YEAR SI,689,121 RECONCIUATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES: Operating income Depreciation expense Change in assets and liabilities: Accounts receivable Prepaids Accounts payables Accmed payroll Accrued compensated absences S6,907 36,1&2 4.773 3,561 14,133 (6.204) (10,237) NET CASH PROVIDED BY OPERATING ACTIVITIES $49,115 See accompanying notes to general purpose financial statements 8 SILICON VALLEY ANIMAL CONTROL AUTHORITY BASIC FINANCIAL STATEMENTS I NOTE 2 - CASH AND INVESTMENTS I Cash and investments are recorded at fair market value. The Authority's cash and investments were composed of cash in banks and the California Local Agency Investment Fund each of which is described below. A. Casll in Banks Cash in banks is entirely insured or collateralized by the institution holding the deposit. California law requires banks and savings and loan instltuhons to pledge government securltles WIth a market value of] ] 0% of the deposit or first trust deed mortgage notes with a value of ] 50% of the deposit as collateral for all municipal deposits. This collateral is considered to be held in the Authority's name and places the Authority ahead of general creditors of the institution. The Authority has waived collateral requirements for the portion of deposits covered by federal deposit insurance. Cash in banks is entirely insured (Category]) or collateralized by the institution holding the deposit (Category 2), as discussed above. The carrying amount of the Authority's cash deposits was $937,739 at June 30, 2004. Bank balances before reconciling items were $943,201, of which $100,000 was insured (Category]) and $843,201 was collateralized (category 2) as discussed above. B. Autllorized Investments The California Government Code and the Authority's investment policy allow the Authority to invest only in the State of California Local Agency Investment Fund (LAlF). LAlF is regulated by California Government Code Section ] 6429 under the oversight of the Treasurer of the State of California. The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Included in LAlF's investment portfolio are collateralized mortgage obligation, mortgage-backed securities, other asset-backed securities, loans to certain state funds, and floating rate securities issued by federal agencies, government-sponsored enterprises, and corporations. The Authority does not enter into repurchase or reverse repurchase agreements. The Authority's practice is to limit its investments to the State of California Local Agency Investment Fund and at June 30, 2004 the Authority had $65],194 invested in the LAlF Pool. I NOTE 3 - CAPITAL ASSETS Capital assets are recorded at cost and depreciated over their estimated useful lives. The purpose of depreciation is to spread the cost of fixed assets over the life of these assets. The amount charged to depreciation expense each year represents that year's pro rata share.ofthe cost of fixed assets. Depreciation of all capital assets is charged as an expense against operations each year and the total amount of depreciation taken over the years, called accumulated depreciation, is reported on the balance sheet as a reduction in the book value of the fixed assets. ]1 SILICON V ALLEY ANIMAL CONTROL AUTHORITY BASIC FINANCIAL STATEMENTS [NOTE 1 _ SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) D. Basis of Accounting Basis of accounting refers to when revenues and expenses are recognized. The Authority is accounted for using the accrual basis of accounting, under which revenues are recognized when they are earned and expenses are recognized when they are incurred. The Authority follows Financial Accounting Standards Board Statements issued before November 30, 1989 which do not conflict with Governmental Accounting Boards Statements. E. Risk Management The Authority is a member of the Special Districts Risk Management Association (SDRMA), a joint powers authority which provides annual general liability and physical damage coverage up to $10,000,000 in the aggregate. The Authority has a $500 deductible for general liability claims and has a $1,000 deductible for physical damage claims. SDRMA is governed by a board consisting of representatives from member municipalities. The board controls the operations of SDRMA, including selection of management and approval of operating budgets, independent of any influence by member municipalities beyond their representation on the Board. The Authority's premiums are based upon the following factors: claims history, total payroll, the Authority's exposure, the results of an on-site underwriting inspection, total insurable values, and employee classification ratings. Actual surpluses or losses are shared according to a fonnula developed from overall loss costs and spread to member entities on a percentage basis after a retrospective rating which generally occurs in the third year after the completion of the program year. The Authority also has workers' compensation insurance with Special Districts Workers Compensation Authority (SDWCA) which covers workers' compensation and employers' liability insurance commercially up to statutory limit and $10,000,000 respectively. The Authority has no self-insured retention for workers' compensation claims. During fiscal year 2004 the amount of claims paid and expensed was nil. F. Accrued Compensated Absences The liability for accrued compensated absences is recorded as an expense when vacation is earned. Accumulated vacation is computed using current employee accumulated vacation hours at current pay rates. Sick leave does not vest and is not accrued. 10 SILICON V ALLEY ANIMAL CONTROL AUTHORITY BASIC FINANCIAL STATEMENTS NOTE 4 _ MEMBER CONTRIBUTIONS AND WITHDRAWAL (Continued) The City of Sunnyvale withdrew from the Authority effective June 30, 2003. Under the terms of the Joint Powers Agency Agreement, the City is to receive a refund of its' proportionate share of cash reserves, joint facilities and other assets. The Authority has calculated these amounts to be $254,414 at June 30, 2003. On July 6, 2004 the City agreed with this calculation. The City of Cupertino, Town of Los Gatos and the City of Saratoga withdrew from the Authority effective June 30, 2004. Under the terms of the Joint Powers Agency Agreement, the Cities are to receive refunds of $122,232, $47,662, and $44,132, respectively. ~- [NOTE 5 - PENSION PLAN A. CALPERS Miscellaneous Employee Plan On July 1, 2002 the Authority joined the California Public Employees Retirement System (CALPERS), an agent multiple-employer public employee retirement system which acts as a common investment and administrative agent for participating member employers. Substantially all of the Authority's permanent, probationary and part-time employees are eligible to participate in pension plans offered by California Public Employees Retirement System (CALPERS) an agent multiple employer defined benefit pension plan which acts as a common investment and administrative agent for its participating member employers. CALPERS provides retirement and disability benefits, annual cost of living adjustments and death benefits to plan members, who must be public employees and beneficiaries. The employees participate in the Miscellaneous Employee Plan. Benefit provisions under the Plan are established by State statute. Benefits are based on years of credited service, equal to one year of full time employment. Funding contributions for the Plan are determined annually on an actuarial basis as of June 30 by CALPERS; the Authority must contribute these amounts. The Plans' provisions and benefits in effect at June 30, 2004, are summarized as follows: Benefit vesting schedule Benefit payments Retirement age Monthly benefits, as a % of annual salary Required employee contribution rates Required employer contribution rates Actuarially required contributions Miscellaneous 5 years service monthly for life 50 1.426% - 2.418% 7% 14.604% $61,996 All qualified permanent, and part-time employees are eligible to participate in PERS. A credited service year is one year of full time employment. These benefit provisions and all other requirements are established by state statute and Authority resolution. Contributions necessary to fund PERS on an actuarial basis are determined by PERS and its Board of Administration. 13 SILICON VALLEY ANIMAL CONTROL AUTHORITY BASIC FINANCIAL STATEMENTS I NOTE 3 . CAPITAL ASSETS (Continued) I Depreciation of capital assets in service is provided using the straight line method which means the cost of the asset is divided by its expected useful life in years and the result is charged to expense each year until the asset is fully depreciated. The Authority has assigned useful lives as follows: Equipment and furniture - 3 to 7 years, and Vehicles. 5 to 10 years. Capital assets comprised the following at June 30: June 30, 2003 Additions Retirements June 30, 2004 Capital assets being depreciated Equipment & furniture $45,031 $1,478 $46,509 Vehicles 125,737 $12,000 113,737 Total capital assets being depreciated 170,768 1,478 12,000 160,246 Less accumulated depreciation for: Equipment & furniture 20,830 13,953 34,783 Vehicles 39,197 22,229 7,640 53,786 Total accumulated depreciation 60,027 36,182 7,640 88,569 Capital Assets, net $110,741 ($34,704) $4,360 $71,677 I NOTE 4 - MEMBER CONTRIBUTIONS AND WITHDRAWAL I Operations of the Authority are funded by member City contributions. Contributions for operations are allocated based on operating costs and are allocated to members based on the Cities population, number of licensed animals in the member Cities, and number of days that an animal from each City is held in the shelter facility. In fiscal 2004, an additional $648,043, included in the amount below, was contributed by the Cities of Campbell and Monte Sereno to fund the purchase of the property discussed in Note 7. Member contributions were as follows for June 30, 2004: Members City of Campbell City of Cupertino Town of Los Gatos City of Monte Sereno City of Santa Clara City of Saratoga Total Contribution Amount $201,240 230,715 169,341 13,592 651,536 143,750 $1,410,174 Contribution Percentage 14.27% 16.36% 12.01% 0.96% 46.20% 10.19% 100.00% 12 SILICON VALLEY ANIMAL CONTROL AUTHORITY BASIC FINANCIAL STATEMENTS I NOTE 6 - NET ASSETS (Continued) The Board of Directors has committed the amounts of unrestricted net assets below for the purposes listed: Reserved, Designated Salary Adjustment Shelter Project Reserve for '_lRkno')'Il Losses Vehicle Replacement . Total $11,839 15,023 38,685 35,000 $100,547 I NOTE 7 - COMMITMENT At June 30, 2004, the Authority had contracted to purchase property on Thomas Road for $2,452,197 and had deposited $100,000 in escrow for this purpose. ]5 .__._.~_._._.__._.-_._-'--,._"._.__.~_._----_._-- SILICON V ALLEY ANIMAL CONTROL AUTHORITY BASIC FINANCIAL STATEMENTS [NOTE 5 - PENSION PLAN (Continued) CALPERS determines contribution requirements using a modification of the Eutry Age Normal Method. Under this method, the Authority's total normal benefit cost for each employee from date of hire to date of retirement is expressed as a level percentage of the related total payroll cost. Normal benefit cost under this method is the level amount the Authority must pay annually to fund an employee's projected retirement benefit. This level percentage of payroll method is used to amortize any unfunded actuarial liabilities. The actuarial assumptions used to compute con/rih"!;,,n req"iremen!~ are al~o ll~ed to compute the actuarial accrued liability. The Authority does not have a net pension obligation since it pays these actuarially required contributions monthly. CALPERS uses the market related value method of valuing the Plan's assets. An investment rate of return of 8.25% is assumed, including inflation at 3.5%. Annual salary increases are assumed to vary by duration of service. Changes in liability due to plan amendments, changes in actuarial assumptions, or changes in actuarial methods are amortized as a level percentage of payroll on a closed basis over twenty years. Investment gains and losses are accumulated as they are realized and ten percent of the net balance is amortized annually. The Plan's actuarial liability has not been provided by CALPERS as of the date of these financial statements. Audited annual financial statements and ten-year trend information are available from CALPERS at P.O. Box 942709, Sacramento, CA 94229-2709. Additional disclosures will be included when made available by PERS. I NOTE 6 - NET ASSETS Net Assets is the excess of all the Authority's assets over all its liabilities, regardless of fund. Net Assets are divided into three captions under GASB Statement 34, as described below: Invested in Capital Assets, describes the portion of Net Assets which is represented by the current net book value of the Authority's capital assets. Restricted describes the portion of Net Assets which is restricted as to use by the terms and conditions of agreements with outside parties, governmental regulations, laws, or other restrictions which the District cannot unilaterally alter. Unrestricted describes the portion of Net Assets which is not restricted to use. 14 SILICON VALLEY ANIMAL CONTROL AUTHORITY YEAR ENDED JUNE 30, 2004 Members City of Campbell City of Cupertino Town of Los Gatos City of Monte Sereno City of Santa Clara City of Saratoga Total Contribution Amount $201,240 230,715 169,341 13,592 651,536 143,750 $1,410,174 Contribution Percentage 14.27% 16.36% 12.01% 0.96% 46.20% 10.19% 100.00% ]7 This Page Left Intentionally Blank "encumbered or designated for a particular purpose" under the terms of the amended JPA. Each ofthese amounts is described on Schedule A. We deducted the amount due the City of Cupertino, as calculated above. We then calculated the amounts due the City of Saratoga and the Town of Los Gatos by completing Schedules C and D. Since these amounts are deductible in determining the amount of the Cash Operating Reserve, which in turn affects the calculation of these amounts, we were required to perform a series of calculations designed to ensure the amounts due these Cities equaled the amounts deducted from Net Assets for this purpose. Next 5n Seheaule /I., we calculated the minimum Cash Ollerating Reserve allo"'ed by the amended IP A and determined that the amounts to be distributed did not cause the Cash Operating Reserve to fall below that minimum. Last on Schedule A, we reconciled the preliminary amount representing Net Assets in the Cash Operating Reserve calculation above with the Net Assets amount in the June 30, 2004 draft financial statements. City of Saratoga (Schedule C) We computed Saratoga's share of each year's total member Contributions and Operating Expenses. We divided the total of these two amounts to determine Saratoga's percentage contribution to Operating Expense for the years the City was a member. We then multiplied this percent by the available Cash Operating Reserve from Schedule A using the method discussed above, to arrive at the amount due on withdrawal. Town of Los Galos (Schedule D) We computed Los Gatos' share of each year's total member Contributions and Operating Expenses. We divided the total of these two amounts to determine Los Gatos' percentage contribution to Operating Expense for the years the Town was a member. We then multiplied this percent by the available Cash Operating Reserve from Schedule A using the method discussed above, to arrive at the amount due nn withdrawal. Summary This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of the Silicon Valley Animal Control Authority. Consequently, we make no representation regarding the sufficiency of the procedures described above, either for the purpose for which this report has been requested or for any other purpose. Because the agreed-upon procedures above do not constitute an audit, we do not express an opinion on the respective financial statements or any elements, accounts or items thereof. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for SV ACA's information and use and is not intended for and should not be used by anyone other than the Silicon Valley Animal Control Authority or its members or representatives. ~'(4~ PrrfNjrlMQ0[ G November 11, 2004 Dan Soszynski, Executive Director Silicon Valley Animal Control Authority 2324 'y'Vals). Avenue Santa Clara, CA 95051 Dear Mr. Soszynski: CALCULATION OF AMOUNTS TO BE DISTRIBUTED TO MEMBERS WITHDRAWING FROM SILICON VALLEY ANIMAL CONTROL AUTHORITY AT JUNE 30, 2004 As you requested, we have calculated the amounts to be distributed to the City of Cupertino, the City of Saratoga and the Town of Los Gatos as a result of their withdrawal from the Silicon Valley Animal Control Authority (SV ACA) effective June 30, 2004. The purpose of our calculations was to measure the amount due each of these Cities on their withdrawal from SV ACA, based on amounts in the audited financial statements for the periods ended June 30, 2001, 2002, 2003 and 2004 and the terms and conditions of Article IX of the underlying Joint Powers Agreement (JPA) signed in July 2000 and amended in 2004. Since the 2004 amendment affected this calculation, we prepared separate schedules for each withdrawing member showing their separate calculations, along with a summary schedule, as explained below. Because of the timing of the withdrawals, we were required to prepare the calculations in the sequence shown below, beginning with Cupertino and proceeding to the simultaneous preparation of the remaining Schedules. City of Cuper/ilia (Schedule B) We were informed the City of Cupertino notified SV ACA of its intention to withdraw before the 2004 amendment to the Joint Powers Agreement was ratified, and our calculations of the amount due this City on withdrawal therefore follow the provisions of the original JP A. We computed Cupertino's share of each year's total member contributions, which we expressed as a percent in the accompanying Schedule B. We used this percent to calculate Cupertino's share of SV ACA's Other Revenues and Operating Expenses. We added Cupertino's share of Other Revenues and subtracted Cupertino's share of Operating Expenses to arrive at the amount Distributable on Withdrawal for each year, then we totaled these amounts to arrive at the total Distributable on Withdrawal of $122,232 reflected on Schedule B. This amount was then inserted in the calculation of the Cash Operating Reserve on Schedule A. Cash Opera/illg Reserve Caleulalioll (Sehedute A) Under the amended JPA, the amounts that may be distributed to any withdrawing members are limited by a minimum Cash Operating Reserve calculation prescribed in the JPA and are calculated somewhat differently than before. On Schedule A, we calculated the amount of the Cash Operating Reserve. This calculation begins with a preliminary amount representing SV ACA's Net Assets as of June 30, 2004 before deducting the amounts due to all withdrawing members, as calculated below. In addition to the amounts due withdrawing members, we deducted four other amounts considered to have been ,---~-~..,'---_.'--'~---'-'~.""-_.< SILICON VALLEY ANIMAL CONTROL AGENCY TOWN OF LOS GATOS ALL AMOUNTS AS OF JUNE 30, 2004 CALCULATION OF PERCENTAGE CONTRlBUTION TO OPERATING EXPENSE: Operating Fisr.RIYear C::ontrihlltion<: FYpen<:e -- 2001 $46,436 $233.873 2002 199,124 1,652,018 2003 179.154 1,748,680 2004 169,341 1,547,249 Totals $594,055 $5,181,820 CALCULA nON OF AMOUNT DUE ON WlTHDRA W AL: Available cash operating reserve as calculated at Schedule A Percentage Contribution to Operating Expense Amount due on withdrawal SCHEDULE D 11.464% $415,747 11.464% $47,662 SILICON VALLEY ANIMAL CONTROL AGENCY CITY OF SARATOGA (ALL AMOUNTS AS OF JUNE 30, 2004) CALCULATION OF PERCENTAGE CONTRIBUTION TO OPERA TlNG EXPENSE: (AJI amounts as of June 30, 2004) Operating Fiscal Year Contributions Expense 2001 $44,065 $233.873 2002 190,497 1,652,018 2003 171,738 1,748,680 2004 143,750 1.547,249 Totals $550,050 $5,181,820 CALCULATION OF AMOUNr DUE ON WITHDRAWAL: Available cash operating reserve as calculated at Schedule A Percentage Contribution to Operating Expense Amount due on withdrawal SCHEDULE C 10.615% $415,747 10.615% $44.132 SCHEDULE B SILICON VALLEY ANIMAL CONTROL AGENCY CITY OF CUPERTiNO ALL AMOUNTS AS OF JUNE 30, 2004 CALCULATION OF DiSTRIBUTABLE NET EQUITY City's Share Of Other Opc!~ling Distributable Contributions Revenues 'Expense Retained on Fiscal Year Percent Amount -Add. -Deduct- Earnings Withdrawal 2001 01019 $56,198 $1,914 $23,832 $34,281 $34,281 2002 0.1189 242.453 15,624 196,425 61,652 61,652 2003 0.124098 218,468 21,576 217,008 23,035 23,035 2004 01636 230,715 25.679 (Al 253,LlO 3,264 3,264 Totals $747,834 $64,793 $690,395 1122,232 $122,232 (A) Other Revenue does not include Thomas Road Project contributions ofS648,043 by the 3 remaining members (City orSan!a Clara, City of Campbell and the City of Montc Sereno) _..,_._--~_.,.<--_._.__.__._-~._._".-----_......_-----_.,-- SILICON VALLEY ANIMAL CONTROL AGENCY CASH OPERATING RESERVE CALCULATIONS (ALL AMOUNTS AS OF JUNE 30, 2004) CALCULATION OF CASH OPERATING RESERVE AFTER PAYMENTS TO WITHDRAWING MEMBERS Net Assets prior to provision for withdrawal (see schedule below) Deduct: Amount due on withdrawal to City of Cupertino (Schedule B) Amount due on withdrawal of City of Saratoga (Schedule C) Amount due on withdrawal of Town of Los Gatos (Schedule D) Portion of net assets invested in capital assets, per Budited financial statements Chuhz Fund Board Commitments (See Note 6 of audited financial statements) Contributions to Thomas Road Project by remaining members Cash Operating Reserve after payments to withdrawing members CALCUl.A nON OF MINIMUM ALLOWED CASH OPERATING RESERVE Total Operating Expenses Budget for fiscal 2004 Minimum allowed cash operating reserve at 20% of the AUlhority's Total Operating Expenses Budget Minimum allowed cash operating reserve RECONCILIATION OF NET ASSETS ABOVE WITH FINANCIAL STATEMENTS Net assets prior for provision for withdrawal Less: Due the City of Cupertino Due theCity of Saratoga Due the Town of Los Gatos Net assets per financial statements SCHEDULE A SI,453,081 (122.232) (44.JJ2) (47,662) (71,677) 0,041) (100,547) (648,043) S41S,747 SI,490,S93 20% S298.119 SI.453.081 (122.232) (44,JJ2) (47.662) SI.239,055 FISCAL IMPACTS: Increasing fines for Building Code Violations would allow the City to recover additional money to offset enforcement costs and any legal fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Fines for second and third violations would not be increased. ALTERNATIVE ACTION: Leave Ordinance as it is. FOLLOW UP ACTION: Place on consent calendar for next eity Council Meeting for 2nd reading and adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this rneeting. ATTACHMENTS: Draft Ordinance 20f2 SARATOGA CITY COUNCIL MEETING DATE: July 20, 2005 AGENDA ITEM: ORIGINATING DEPT: City Attorney CITY MANAGER: PREPARED BY: Richard Taylor E:f ~ ~. DEPT HEAD: Richard Taylor, City Attorney SUBJECT: Amend City Code Section 3-05.010 regarding fines for violations ofthe Building Code and other ordinances RECOMMENDED ACTIONS: I. Hold the public hearing and consider all testimony. 2. Introduce the Ordinance by reading its title and waiving the first reading. 3. Direct staff to place the Ordinance on the consent calendar for second reading and adoption at the next regularly scheduled Council rneeting. REPORT SUMMARY: State law governs the maximum fines that may be levied in connection with violations of the eity Code. In 2004 the City was authorized to increase the fines for rnultiple violations of the building code (but not other provisions of the Code). This was the first increase authorized since 1983. The attached ordinance would amend the City eode to increase the City's fines for building code violations from $200 to $500 for the second violation and from $500 to $1000 for the third violation. First violations would continue to be subject to a $100 fine. In addition, the attached ordinance would arnend the code to clarify that fines for second and third violations can be irnposed only for a second violation of the same code requirement. eurrently, the code could be interpreted to allow a higher fine for a second code violation by the same person, even if the subsequent code violation is unrelated to the first. (f) In addition to the penalties provided by this Section, any condition caused or permitted to exist in violation of any of the provisions of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or in violation of any condition of an approval, permit or license granted pursuant to this Code, shall be deemed a public nuisance and may be abated by the City in a summary action pursuant to Article 3-10, Article 3-15 or Article 3-20 of this Chapter, or any civil action, and each day such condition continues shall be a new and separate offense. Section 2. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the_ day of , 2005, and was adopted by the following vote following a second reading on the _ day of ,2005: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: Kathleen King MAYOR OF THE CITY OF SARATOGA Saratoga, California Cathleen Boyer CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: Richard Taylor, City Attorney 2 ORDINANCE AN ORDINANCE AMENDING SECTION 3-05.010 OF THE SARATOGA CITY CODE RELATING TO BUILDING CODE VIOLATION FINES THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section I. Adoption. Section 3-05.010 of the Saratoga City Code is amended to read: 3-05.010 Violation as misdemeanors or infractions; public nuisances. (a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code, or any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, or any condition of an approval, permit or license granted pursuant to this Code. Any person violating any of such provisions or failing to comply with any of such requirements shall be guilty of a misdemeanor or an infraction if so specified. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted by such person, and shall be punishable accordingly. (b) Notwithstanding subsection (a) of this Section or any other provision of this Code, any violation constituting a misdemeanor may, in the discretion of the enforcing authority be charged and prosecuted as an infraction. ( c) Where no specific penalty is provided therefore, any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. (d) Any person convicted of an infraction under the provisions ofthis Code, excluding violations oflocal building and safety code provisions in Chapter 16, Articles 16-05 through 16-50, shall be punishable for a first conviction by a fine of not more than one hundred dollars, for a second conviction ofthe same ordinance within a period of one year by a fine of not more than two hundred dollars, and for a third or any subsequent conviction of the same ordinance within a period of one year by a fine of not more than five hundred dollars. ( e) Any person convicted of an infraction under the local building and safety code provisions of Chapter 16, Articles 16-05 through 16-50 of this Code, shall be punishable for a first conviction by a fine of not more than one hundred dollars, for a second conviction ofthe same ordinance within a period of one year by a fine of not more than five hundred dollars, and for a third or any subsequent conviction of the same ordinance within a period of one year by a fine of not more than one thousand dollars. 1 sweeping services as needed during the year. These additional services include dense tree lined streets that require more sweeping during the fall. The $5,000 allowance is incorporated in the current budget and does not require amending. It is therefore recommended that City Council award a street sweeping contract to Universal Sweeping Services and authorize the eity Manager to execute the same. FISCAL IMPACTS: FY.o5106 hudget will.be amended to reflect the ipcrease in tl1~ new contrac:llIl the amount of $25,993. The additional contract amount will be funded from the Environmental Fund. Current YTD Fund Balance Balance Budget Revised Account Source of Funds Budget Revenue (uJ 7/112004 Available Revisions Budget Number Environmental Program Fund $ $ $ 700,000 $ $ 674,007 Total Source of Funds $ $ $ 700,000 $ $ $ 674,007 Current YTD YTD PO Balance Budget Revised Account Use of Funds Budget Expenses Outstanding Available Revisions Budget Number Street Sweeping Contract $ $ 25,993 $ 25.993 250-5015-522-5437 Total Use of Funds $ $ $ $ $ 25,993 $ 25,993 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): A contract for street sweeping would not be executed and the City would not be in compliance with the stipulations of our NPDES permit. However, staff does not believe that a lower proposal will be obtained due to the low number of proposals received. ALTERNATIVE ACTION(S): The Council could direct staff to solicit additional proposals. FOLLOW UP ACTlON(S): The contract will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: 20f3 SARATOGA CITY COUNCIL ORIGINATING DEPT: Public Works CITY MANAGER: " 6?J~/ MEETING DATE: July 20, 2005 AGENDA ITEM: DEPTHEAD:Jo nc~ PREPARED BY: Rick Torres SUBJECT: Award of Contract for Street Sweeping Services RECOMMENDED ACTION(S): I. Move to award Street Sweeping Contract to Universal Sweeping Services in the amount of $75,993. 2. Move to authorize the City Manager to execute a Street Sweeping Contract with Universal Sweeping Services. 3. Approve $5,000 allowance for additional street sweeping services as needed. 4. Approve Resolution amending the FY 05/06 Budget. REPORT SUMMARY: During staffs annual contract meeting with Los Altos Garbage Company (our current street sweeping contractor) they indicated that they could no longer perform street sweeping services for the City, as their Company was phasing out this function of their business. Los Altos Garbage has agreed to continue services for one additional month to ensure that sweeping services would not be interrupted. On May 16, 2005 Request for Proposals were sent out to eight contractors for sweeping services. Of the eight proposal packages sent out by stafftwo contractors submitted proposals, Universal Sweeping Services of San Jose and Clean Sweep of Gardena. Universal Sweeping Services was the lowest proposal at $75,993 and Clean Sweep was second at $83,085. Universal's proposal of$75,993 is a cost increase of$24,513 over the previous fiscal year. The amount budgeted for street-sweeping services in FY 04/05 was $56,480. $50,000 has been budgeted for street sweeping in FY 05/06; therefore it is necessary that the budget be amended to reflect the current cost for these services in the amount of$25,993. In addition, it is recommended that a $5,000 allowance be approved for additional street RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO AMEND THE BUDGET FOR FY2005/2006 TO APPROPRIATE FUNDS TO PAY FOR STREET SWEEPING SERVICES. WHEREAS, the need and desire exists to perform street sweeping services within the City, and WHEREAS, it is necessary to increase the F.Y. 05/06 budget to reflect the current costs for thcsc services, - - NOW, THEREFORE, THE FOLLOWING IS RESOLVED, by the Council of the City of Saratoga: 1. The City Manager or the Administrative Services Director is hereby authorized to make adjustments to the budget for FY2005/06 in the amount of $25,993 needed to execute this resolution. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15th day of June, 2005 by the following vote: AYES: NOES: ABSTAIN: Kathleen M. King, Mayor ATTEST: Cathleen Boyer, City Clerk Nothing additional. ATTACHMENTS: 1. Proposals submitted by Contractors. 2. Request for Proposal 3. New Contract for Universal Sweeping Services. 4. Dudget Rese\utioll. 30f3 C I eah 8-+~l2T Non Prevailing Wage Serviee Cost As part of the Cost Proposal, the Contractor shall provide a breakdown for each descnbed service as listed below. UlIltPriee DeseriptiOll ofSetviee $ 23.25 Per CUl'b mile Monthly sweeping of approximately 6S curb miles ofArterialSti-eets $ 23.25 Per curb mile $ 225.00 $ 60.00 $ 60.00 $125.00 $85.00 Per hour $85.00 Per hOUl' Monthly sweeping of approximately 210 .curb miles of . Residential Streets Monthly sweeping of 4 Village Parking District Parking Lots . Monthly sweeping Hakone Gardens Parking Lots Monthly sweeping Congress Springs Park Parking Lots Monthly sweeping of Maintenance Yard and Civic Center. Parking lots Unscheduled Sweeping Seasonal LeafDroI' Uyou have uyquestlons,please contact JIIe at: (408) 868-1i44 or Jiorres@saratoga.ca.us Si~~ Rick Torres .Street Maintenanee Supervisor City of SaratOga ---_._..."_.~-_._-~~ ._--..~~'"-~..~._-'--~_...._-. Un;v-e~SAL 5 w-ee..fl v11 "5et2VlC~ Service Cost As part of the Cost Proposal, the Contractor shall provide a breakdown for each described service as listed below Unit Price Descriotion of Service $ 22. 21 Per curb mile Monthly sweeping of approximately 65 curb miles of Arterial Streets $ 22.21 Per curb mile Monthly sweeping of approximately 210 curb miles of Residential Streets $ 200.00 MontWy sweeping of 4 Village Parking District Parking Lots $ 75.00 Monthly sweeping Hakone Gardens Parking Lots $ 75.00 Monthly sweeping Congress Springs Park Parking Lots $ 75.00 MontWy sweeping of Maintenance Yard and Civic Center Parking lots $ 85.00 Perhour Unscheduled Sweeping $ 85.00 Perhour Seasonal Leaf Drop Hyou have any questions, please contact me at: (408) 868-1244 or rtorres@Saratoga.ca.us Sinc~ ~ Rick Torres Street Maintenance Supervisor City of Saratoga May 16, 2005 Subject: Request for maintenance proposal to provide professional street sweeping services in the City of Saratoga. To Whom It May Concern: The City of Saratoga, pursuant to Municipal Code section 2-45.140, is requesting maintenance proposals from qualified street sweeping professionals experienced in municipal street and parking lot sweeping. The successful contractor shall perform the tasks as listed in the Scope of Services, below. SUBMISSION DEADLINE In order for your cost proposal to be considered, submit Two (2) copies to: Rick Torres Street Maintenance Supervisor City of Saratoga 19700 Allendale Avenue (Corporation Yard) Saratoga, California 95070 (408) 868-1244 (408) 868-1278 Fax rtorres@saratoga.ca.us Submission deadline: June 9, 2005 by 2:30pm Scope of Services ".._-~~-----.--~-_..-..... May 16, 2005 Subject: Request for maintenance proposal to provide professional street sweeping services in the City of Saratoga. To Whom It May Concern: The City of Saratoga, pursuant to Municipal Code section 2-45.140, is requesting maintenance proposals from qualified street sweeping professionals experienced in municipal street and parking lot sweeping. The successful contractor shall perform the tasks as listed in the Scope of Services, below. SUBMISSION DEADLINE In order for your cost proposal to be considered, submit Two (2) copies to: Rick Torres Street Maintenance Supervisor City of Saratoga 19700 Allendale Avenue (Corporation Yard) Saratoga, California 95070 (408) 868-1244 (408) 868-1278 Fax rtorres@saratoga.ca.us Submission deadline: June 9, 2005 by 2:30pm Scope of Services , sweeping needs. _ "Fhe-C-tlfltfaeter-will sweep designated streets-ami-paf!<ing-l-eumJDtly owned and -. maintained by the City. The Contractor will sweep the following: . Monthly sweeping of arterial streets and median islands totaling approximately 65 curb miles. . Monthly sweeping of citywide residential streets and median islands totaling approximately 210 curb miles. . Monthly sweeping of 4 Village Parking District parking lots ( Includes blowing of comers oflots) . Monthly sweeping of Civic Center parking lots located at 13777 Fruitvale Ave . Monthly sweeping of Maintenance Yard located at 19700 Allendale Ave plus adjacent parking lot . Monthly sweeping of Hakone Gardens parking lot located at 21000 Big Basin Way . Monthly sweeping of the parking lot adjacent to Congress Springs Park located at 12970 Glen Brae Dr. . Monthly sweeping of Parking lot behind El Quito Park located at 12850 Saratoga Ave (West Hope Presbyterian Church lot) . Perform other sweeping as requested. . Sweeping will be performed between the hours of6 AM. and 5 P.M., Monday through Friday. . Sweeping may occur outside of these hours only when the City determines that a noise problem would not result, and only upon written approval of the City. . The Contractor will supply and maintain all labor and equipment necessary to accomplish the scope of work. . The Contractor will dump all materials swept up at locations designated by the City. . All streets shall be swept with the normal flow of traffic. . The Contractor will distribute public information notices about the street sweeping progtAm monthly hI no additional (,os! to the City. The cost of distributing other public information such as reminder tags and/or newspaper advertisements shall be negotiated. . All street-sweeping machines used by Contractor in the performance of services shall be of sufficient quality to perform the work required. . Machines must be capable oftransporting debris to locations designated by the City. . Machines must be equipped with an efficient water spray system for dust control, and the spray system must be maintained in good operating condition. . Machines must be properly registered and insured in accordance with the motor vehicle laws of the State of California. . The Contractor shall maintain street-sweeping equipment in a clean and presentable condition and in good repair at all times. All parts and systems of the collection equipment shall operate properly and be maintained in a condition satisfactory to the City. If a machine becomes inoperative, a replacement street sweeping machine shall be put into service within 2 hours. . A sufficient supply of spare brooms or vacuum and other parts must be kept on hand to ensure the timely and continuous fulfillment of the services. . Equipment must be capable of removing litter, leaves, and debris sufficiently to meet applicable industry, NPDES Program, State, Federal, and City standards. . Equipment must conform to all Emission, Operation, Federal, State, and Local Safety Regulations. . Vehicles must be of the regenerative air type and equipped with dual gutter brooms and main broom capable of sweeping at a minimum of a nine-foot path. City's Obligations ,.__._~..._--_.,._-_.,.,_.~----~_..--~ --_,-.".._-~-'-' -.-_-_..__.._~~~..__......-"._._~_.__._~'..........----'~-"'---'--_.--'.. . The City will provide and maintain adequate disposal site(s) for dumping debris picked up by the Contractor. . The City will provide routine safety efficiency checks. Contractor's Obligations . The Contractor will be responsible for securing adequate hydrant access throughout the City for filling water spray systems. In addition, the Contractor will be responsible for securing any necessary permits from the San Jose Water Company. . The Contractor will provide fuel, water, and maintenance for all vehicles and for equipment. . Equipment, when in operation, shall travel under 5 miles per hour to ensure that streets are swept in a satisfactory manner. . The Contractor must submit sweeping documentation in a format approved by the administrator of the contract on a quarterly basis. . Contractor shall propose separate schedules for arterial and residential sweeping. Prevailing Rate of Wages In accordance with the provisions of the California Labor Code, the City Council hereby determines that the general prevailing per diem rate of wages in the City of Saratoga, for laborers and for each craft or type of worker and mechanic employed in execution of the contract, is Union Wage Scale established for Santa Clara County, which wage scale as ofthe execution date of the contract is incorporated herein as if fully set forth. Overtime shall be not less than one and one half(I-1/2) times the established rates. Sundays and holidays shall be not less than two (2) times the established rates. In payment oflabor, the contractor shall comply with the provisions of labor Code Sections 1770 to 1781 inclusive (Article 2, Chapter 1, Part 7, Division 2) and acts amendatory thereto. Service Cost -""------...._.."----_._-_._-~..------" - As part of the Cost Proposal, the Contractor shall provide a breakdown for each described service as listed below Unit Price Descriotion of Service $ Per curb mile Monthly sweeping of approximately 65 curb miles of Arterial Streets -------s.--Percurb mile MontlUy sweeping of approximately 210 curb miles of Residential Streets $ Monthly sweeping of 4 Village Parking District Parking Lots $ Monthly sweeping Hakone Gardens Parking Lots $ Monthly sweeping Congress Springs Park Parking Lots $ Monthly sweeping of Maintenance Yard and Civic Center Parking lots $ Per hour Unscheduled Sweeping $ Per hour Seasonal Leaf Drop If you have any questions, please contact me at: (408) 868-1244 or rtorres@saratoga.ca.us Sincerely, Rick Torres Street Maintenance Supervisor City of Saratoga CEREMONIAL ITEMS 2. Proclamation Declaring July 24, 2005 as "Billy Jones Day" Recommended action: Present commendation. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3A. City Council Minutes - June 1,2005 Recommended action: Approve minutes. 3B. City Council Minutes - June 24, 2005 Recommended action: Approve minutes. 3C. City Council Minutes - Joint Meeting July 6, 2005 Recommended action: Approve minutes. 3D. City Council Minutes - June 6, 2005 Recommended action: Approve minutes. 3E. Review of Check Register Recommended action: Approve check register. 3F. Treasurer's Report for the Month Ended June 2005 Recommended action: Accept and file report. 3G. Independent Contract Agreement for Deborah Ungo-McCormick Recommended action: Authorize City Manager to execute the agreement for planning and development services. 2