HomeMy WebLinkAboutCity Council Agenda Packet 2007-02-07I:TH -3Z
REGULAR MEETING
SARATOGA CITY COUNCIL
FEBRUARY 7, 2007
OPEN SESSION — 5:30 P.M. — ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
JOINT MEETING WITH THE SARATOGA AREA SENIOR COORDINATING
COUNCIL (SASCC)
REGULAR MEETING — 7:00 P.M. — CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
February 1, 2007)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non- Aeeudized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Report from SASCC.
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
IA. Proclamation Celebrating Lunar New Year
Recommended action:
Read proclamation.
SPECIAL PRESENTATIONS
2A Community Presentation on how Chinese celebrate the Lunar New Year
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 — 01 /03/07
Recommended action:
Approve minutes.
3B. Check Register for 01/09/07
Recommended action:
Accept check register.
3C. Check Register for 01/23/07
Recommended action:
Accept check register.
31). Resolution Amending Council Agency and AdHoc Committee Liaison
Assignments
Recommended action:
Adopt resolution.
3E. Ordinance Adopting Video Service Standards
Recommended action:
Adopt Video Service Standards Ordinance.
3F. Second Reading for the City initiated Zoning Map Amendment relating to the
eleven (11) parcels, of which three (3) parcel require a Zoning Map Amendment
and eight (8) parcels require General Plan Land Use Map Amendment in order to
correct an inconsistency in the City's General Plan Land Use Map and Zoning
Ordinance Map
Recommended action:
Adopt Ordinance.
3G. Independent Contractor Agreement for Heather Bradley
Recommended action:
Authorize the City Manager to execute the agreement with Metropolitan Planning
Group for planning and development services.
3H. 2006 Annual Concrete Repair Project — Extension of Construction Contract to
Perform Traffic Safety Work at Ranfre
Recommended action:
1. Authorize an increase to the change order authority for an existing
construction contract with George Bianchi Construction, Inc. in the amount
of $20,000;
2. Approve Budget Resolution.
3I. Addition and Alteration to the James McWilliams House- Notice of Completion
Recommended action:
Accept the Addition and Alterations to the James McWilliams House project as
complete and authorize staff to record the Notice of Completion for the
construction contract.
3J. Aloha Street Safety Improvements — Award of Construction Contract
Recommended action:
1. Move to declare Duran & Venables, Inc. to be the lowest responsible bidder
on the project;
2. Move to award a construction contract to Duran & Venables, Inc in the
amount of $34,710;
3. Move to authorize staff to execute change orders to the contract up to
$15,000;
4. Move to authorize Public Works to purchase landscaping materials in the
amount of $10,000;
5. Move to authorize construction staking with Allied Engineering, Inc. in the
amount of $5,000.
3K. Montalvo Emergency Access Easement Acceptance
Recommended action:
Accept Emergency Access Easement granted by Montalvo Arts Center.
3L. Approval of User Agreements with AYSO, CYSA, West Valley Lacrosse Club for
use of Prospect High School's Turf Field
Recommended action:
Approve User Agreements with AYSO, CYSA, and West Valley Lacrosse Club
for the use of Prospect High School's turf field for organized sport use and
authorize the City Manager to execute the same.
3M. Adopt Resolution Opposing Proposed Statewide Legislation SB49
Recommended Action:
Adopt Resolution
PUBLIC HEARINGS
City of Saratoga's Local Hazard Mitigation Plan Annex Pursuant to the Disaster
Mitigation Act of 2000
Recommended action:
1. Conduct public hearing.
2. Authorize City Manager to submit the Local Hazard Mitigation Plan
(LHMP) Annex and mitigation matrices to the Association of Bay Area
Governments (ABAG) and the Federal Emergency Management Agency
(FEMA) for their review and comment.
OLD BUSINESS
None
NEW BUSINESS
Removal of two Redwoods at the City's Historic Park located at 20450
Saratoga -Los Gatos Road
Recommended action:
Approve the request by the Historic Foundation to remove two redwoods in the
Historic Park.
6. Parks Preservation and Field Use Initiative
Recommended action:
Accept report and direct staff accordingly.
Santa Clara County Cities Association — City Selection Committee Policy
Priorities
Recommended action:
Accept report and direct staff accordingly.
8. Santa Clara County Cities Association — City Selection Committee Appointment
to the Metropolitan Transportation Commission
Recommended action:
Accept report and direct staff accordingly.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Aileen Kao
Association of Bay Area Government
Hakone Foundation
West Valley Mayors and Managers Association
City School AdHoc
Highway 9 Safety Project Committee
Vice Mayor Ann Waltonsmith
Hakone Foundation
Northern Central Flood Control Zone Advisory Board
KSAR
Santa Clara County Valley Water Commission
SASCC
Sister City Liaison
Highway 9 Safety Project Committee
Prospect Road AdHoc
Councilmember Chuck Page
Chamber of Commerce
Santa Clara County Cities Association -Joint Economic Development Policy Committee
(JEDPQ
West Valley Sanitation District
West Valley Solid Waste Joint Powers Association
Village AdHoc
Councilmember Kathleen King
County Cities Association Legislative Task Force
Peninsula Division, League of California Cities
Santa Clara County Cities Association
Valley Transportation Authority PAC
City School AdHoc
Prospect Road AdHoc
Councilmember Jill Hunter
County HCD Policy Committee
Historic Foundation
Library Joint Powers Association
Santa Clara County Emergency Council
Village AdHoc
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, 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 February 1,
2007, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was
available for public review at that location. The agenda is also available on the City's
website at www. saratoga. ca. us
Signed this P day of February 2007at Saratoga, California.
Cathleen Boyer, CMC
City Clerk
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2007
2/21 Regular Meeting — Joint Meeting with Historic Foundation
3/7 Regular Meeting — Joint Meeting with Saratoga Ministerial Association
3/21 Regular Meeting — Joint Meeting with Hakone Foundation
4/4 Regular Meeting — Joint meeting with Library Commission and Friends of
the Saratoga Libraries
4/18 Regular Meeting — Youth Commission
5/2 Regular Meeting — Joint meeting with Villa Montalvo and Mt. Winery
5/16 Regular Meeting — Joint Meeting with Traffic Safety Commission
6/6 Regular Meeting — Joint Meeting with Planning Commission
6/20 Regular Meeting
7/4 Holiday — Meeting Cancelled
7/18 Regular Meeting
8/1 Regular Meeting
8115 Summer Recess
9/5 Regular Meeting
9/19 Regular Meeting
10/3 Regular Meeting
10/17 Regular Meeting
11/7 Regular Meeting
11/21 Regular Meeting
12/5 Regular Meeting - Reorganization
12/19 Regular Meeting
M
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM: %
ORIGINATING DEPT: city Manager's Office CITY MANAGER: ��✓
PREPARED BY:
DEPT HEAD:
SUBJECT: Proclamation Celebrating Lunar New Year
RECOMMENDED ACTION:
Read proclamation.
REPORT SUMMARY:
The Lunar Calendar is based on a combination of lunar and solar movements. The lunar cycle is
about 29.5 days. In order to "catch up" with the solar calendar, an extra month is inserted once
every few years (seven years out of a 19 -year cycle). This is the same as adding an extra day on
leap year. This is why the Lunar New Year falls on a different date each year.
In many parts of Asia, New Year celebrations take on a different and richly diverse flavor. For
example, the Chinese ring in the Lunar New Year in a big way and the festivities begin on the
first day of the first lunar month of the lunar calendar and ends on the Lantern Festival on the 15`h
day of the month.
In Korea, the Lunar New Year celebration is barely a blip on the radar the Vietnamese ring in Tet
Nguyen Dan with plenty of food, fun and more importantly, a positive attitude.
Despite a number of differences, there's one common theme that takes center stage for all Asian
New Year celebrations: family. No matter what the country, religion or race, New Year's Day is a
time for family reunions, gatherings and reflection and reaffirming bonds.
February 18 is the first day of the Lunar New Year this year and is known as the Year of the Pig
in Chinese Tradition. In honor the growing population of Asian Americans in the City of
Saratoga, this proclamation recognizes and appreciates the valuable contributions of Asian
Americans to our community. This proclamation also illuminates and celebrates the richness of
cultural heritage within our community.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda according to the Brown Act.
ATTACHMENTS:
Attachment A - Copy of the proclamation.
CITY OF SARATOGA
PROCLAMATION
CELEBRATING LUNAR NEW YEAR
WHEREAS, the Lunar Calendar is based on a combination of lunar
and solar movements. The lunar cycle is about 29.5 days. The second
new moon after the winter solstice marks the beginning of the New Year
and it is determined to occur on February 18th, this year; and
WHEREAS, in many parts of Asia, New Year celebrations take on a
different and richly diverse flavor. Despite a number of differences, there's
one common theme that takes center stage for all celebrations: family. No
matter what the country, religion or race, New Year's Day is a time for
family reunions, gatherings and reflection and reaffirming bonds; and
WHEREAS, the Chinese Lunar Calendar is made up of a cycle of
twelve years, and each of them being named after an animal. This year
marks the "Year of the Pig ". According to ancient tradition, the Pig is
associated with fertility and virility. To bear children in the year of the pig
is considered very fortunate, for they will be happy and honest.
NOW, THEREFORE, I, Aileen Kao, Mayor of the City of Saratoga, do
hereby encourage all citizens to celebrate the richness of cultural heritage
within our community, and recognize the valuable contributions of Asian
Americans to our community. I wish happiness, longevity and good
fortune to everyone celebrating the Year of the Pig.
WITNESS OUR HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 7th day of February 2007.
Aileen Kao, Mayor
Saratoga, California
period, which is contingent upon the condition of the park and field as determined by the Public
Works Director and/or his (her) City employee designee to ensure the long term health of the
park.
6. Rainy Day Policy. User Group shall not use any field that if the Director of
Public Works and/or his (her) City employee designee has determined is or is expected to be in
an unplayable condition at the time scheduled for use. The Director of Public Works shall
provide a designated representative of User Group with a "Weather Hotline" telephone number
for recorded information regarding field conditions. If a field is closed the closure will be noted
on the Weather Hotline and, as soon as reasonably practicable following the Director's and/or his
(her) City employee designee determination, a sign will be posted at the park stating "Field
Closed Today ". Any closed field may be used immediately following a determination by the
Director of Public Works and/or his (her) City employee designee that the field is in a playable
condition; this determination will be noted on the Weather Hotline and, and as soon as
reasonably practicable following the Director's determination, any field closure sign at the park
will be removed. This policy shall be publicized by User Group on all game and practice
schedules distributed to players and coaches and made available to all users.
Penalties for field use violations. Unauthorized use of the High School by User
Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result
in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use
Agreement as follows:
I" Penalty during season: No use of High School for up to one week.
2 "a Penalty during season: No use of High School for up to one month.
P Penalty during season: No use of High School for up to the remainder of the
season.
In addition, User Group shall compensate City for the actual costs of correcting any
damage to the High School due to the unauthorized use. If payment is not made within ten (10)
days of User Group's receipt of City's request for payment, the Director of Public Works may
suspend User Group's ability to use High School until such time as payment is made.
8. Indemnification of City. User Group agrees to indemnify, defend, and hold
City, its officials, employees, volunteers, boards and commissions free and harmless from and
against any and all claims, demands, causes of action, damages, liabilities, costs or expenses
(including the expense of attorney's fees for defending any action brought against City or any of
its officers, officials, employees, volunteers, boards or commissions), arising out of or in any
manner relating to the use and maintenance of the High School by User Group or from the
performance by User Group of its obligations under this Agreement. User Group further agrees
to compensate City for any and all damages to High School (including any facilities therein)
directly or indirectly resulting from User Group's use of the High School.
9. Insurance Requirements. User Group shall procure and maintain for the
duration of the Agreement "occurrence coverage" insurance against claims for the injuries to
persons or damages to property which may arise from or in connection with User Group's use
Page 3 of 6
and maintenance of the park, and the performance of the obligations hereunder by User Group,
its agents, representatives or employees.
(a) Minimum Limits of Insurance. User Group shall maintain limits no less than:
1. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
2. Workers' Compensation where required by California Labor Code Sectionn
3700 et seq. and where worker compensation is required employers liability limits
of $1,000,000 per accident.
(b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
provisions:
1. General Liability Coverage.
a. The City, its officers, officials, employees, boards and commissions,
and volunteers are to be covered as insureds as respects: liability
arising out of activities performed by or on behalf of User Group. The
coverage shall contain no special limitations on the scope of the
protection afforded to City, its officers, officials, employees, boards
and commissions, or volunteers.
b. User Group's insurance shall be primary insurance as respects the
City, its officers, officials, employees, boards and commissions, and
volunteers. Any insurance or self - insurance maintained by the City, its
officers, officials, employees or volunteers shall be excess of User
Group's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees, boards and commissions, or volunteers.
d. User Group's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the
City, its officers, officials, employees, boards and commissions, and
volunteers for losses arising from work performed by User Group for
the City.
3. All Coverages.
Page 4 of 6
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in its limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
(c) Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than A: VII.
(d) Verification of Coverage. User Group shall furnish City with certificates
of insurance, naming City as additional insured under their policies, to the
extent that the conduct giving rise to the claim is the responsibility of
User Group under the terms of this Agreement, and with original
endorsements effecting coverage required by this section. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be received and approved by the City before
User Group may make use of the park. The City reserves the right to
require complete, certified copies of all required insurance policies, at any
time.
(e) Notice. User Group shall promptly notify City of any claim or of any
occurrence which User Group reasonably believes may give rise to a
claim against either Party arising out of the administration or management
of the facilities or the programs conducted by User Group at the facilities
described in Exhibit "A" to the Joint Use Agreement.
10. Term of Agreement. This Agreement shall become effective upon execution by the
parties and shall terminate on December 31, 2007. If City determines User Group is violating
any terms of this agreement or in any way engaging in activities that City determines are or may
be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this
Agreement if after giving of written notice to User Group to correct the violation, within thirty
(30) days, User Group has not made the necessary correction. In the event the Joint Use
Agreement terminates, this Agreement will immediately terminate.
11. Contract Administration. This Agreement shall be administered on behalf of City
by the Director of Public Works. The Director of Public Works has complete authority to
receive information, interpret and define City's policies regarding this Agreement, and
communicate with User Group concerning this Agreement. All correspondence and other
communications shall be directed to or through the Director of Public Works.
12. Notices. All notices or communication concerning a Party's compliance with the
terms of this Agreement shall be in writing and may be given either personally, by certified mail,
return receipt requested, or by overnight express carrier directed to the address specified below.
The notice shall be deemed to have been given and received on the date delivered in person or
Page 5 of 6
the date upon which the postal authority or overnight express carrier indicates that the mailing
was delivered to the address of the receiving Party.
Notices to User Group shall be sent to:
Name:
Street:
City, State, Zip:
Telephone: _
Fax:
Notices to City shall be sent to:
Name:
Street:
City, State, Zip:
Telephone:
Fax:
13. Successors and assigns. This Agreement shall inure to the benefit of and shall be
binding upon the successors of the parties hereto by merger, consolidation, incorporation of an
existing unincorporated association or the formation of additional branches, divisions or regions.
Otherwise, this Agreement is neither transferable nor assignable.
14. Authority. Each signatory hereto hereby represents and warrants that he or she is
duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
DATED:
DATED:
DATED:
CITY OF SARATOGA,
a municipal corporation
IM
AMERICAN YOUTH SOCCER
ORGANIZATION
By:
APPROVED AS TO FORM:
Page 6 of 6
Attachment "A"
JOINT USE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE
CAMPBELL UNION HIGH SCHOOL DISTRICT
THIS AGREEMENT, dated , ( "Effective Date ") by and between
THE CITY OF SARATOGA, a municipal corporation ( "City "), and CAMPBELL UNION HIGH
SCHOOL DISTRICT, ( "District "), is made with reference to the following facts:
A. Whereas, the District is owner of an educational facility, located on Prospect Road,
known as Prospect High School ( "the High School "), in which the District has constructed facilities,
including a turf field and parking areas that are the subject of this agreement and shown on Exhibit "A"
(collectively "Use Area ").
B. Whereas, by entering into this Agreement, the community will benefit by having access
to the Use Area for City organized events, and the District will benefit by the City sharing in costs of
the Use Area.
C. Whereas, the City and District desire to execute this Agreement to establish their
respective rights and obligations concerning the use and maintenance of the Use Area as expressly
permitted by Education Code section 10900 et seq.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Term of Agreement. This Agreement shall become effective upon execution by the
parties for an initial term of two (2) years and may be renewed on the same conditions
for five additional one -year terms.
2. Time and Terms of Use.
a. During the term of this Agreement the City shall have the right to use the Use Area
shown on Exhibit A on the days and times shown on Exhibit B ( "Use Periods ") and
at such other days and times as may be mutually agreed upon by District and City,
as long as such City use does not interfere with use by the District of the Use Area.
b. Within 30 days of the Effective Date of this Agreement and by June 1 st of each year
after, the City shall inform the District as to (a) the anticipated specific starting and
ending dates of its use of the Use Area and (b) the schedule for games and practices
during the Use Periods shown on Exhibit B. Such notice shall be furnished by the
City at least thirty (30) days prior to the commencement of the Use Period and shall
be adopted unless the City scheduled use of the Use Area interferes with the
District's use of these facilities. If the City proposes Use Periods in addition to
those shown on Exhibit B, the City and District shall memorialize their agreement
on mutually agreeable dates in the form of a letter agreement signed by the City
Public Works Director (or the Director's designee) on behalf of the City and the
Assistant Superintendent of Business Services or designee.
005175 00001/105635,2 (sx041955.DOC}Page 1 of
3.
c. During Use Periods the City shall be entitled to the exclusive use of the turf field
and shared use of the parking areas. Use of the parking area shall be subject to
regular parking regulations. At all other times, the Use Area shall remain open for
use by the District. City may authorize use of the Use Area pursuant to this
Agreement by third parties ( "Third Party Users ") in a manner consistent with the
Civic Center Act (Educ. Code § 38130 et seq.), operating pursuant to a City permit
or agreement only if such use by Third Party Users is scheduled by the City in
Exhibit B and approved by Assistant Superintendent of Business Services or
designee. Any permit or agreement between City and Third Party Users related to
the Use Area shall incorporate the terms and obligations of the City in this
Agreement. City and District agree that use of the Use Area by organized youth
sports groups such as AYSO, CYSA and is consistent with the Civic
Center Act.
Responsibilities of City. City shall:
a. Monitor High School grounds via periodic patrols by County Sheriffs and City of
Saratoga Code Enforcement.
b. Ensure Third Party Users follow appropriate turf field maintenance practices
including:
i. Prohibition of all liquids on the artificial turf field and track with the
exception of drinking water.
ii. No food of any kind on the artificial turf field and track.
iii. District's Administrative Regulation (AR) 7112 Care of Facilities
iv. District's AR 3513.2 Parking
V. Other appropriate District and City Regulations
c. Issue an encroachment permit to District for maintenance access to District property
from City owned right -of -way at San Palo Ct.
d. Provide portable restroom facilities (including scheduled sanitation service) for use
by City and Third Party Users. City shall lock these restroom facilities following
each use of the Use Area and unlock the restroom facilities at the commencement of
each use unless otherwise directed by the District. Location of the portable restroom
facilities shall be approved by the High School Principal before installation.
e. Clean up litter and debris after each use of the Use Area and deposit of all garbage
in District trash containers located at the play fields.
f Field use monitoring at regular intervals during use periods.
g. Unauthorized use of the Use Area by City or Third Party Users may result in a
penalty as follows:
I" Penalty during season: No use of the Use Area for one week.
2n6 Penalty during season: No use of the Use Area for one month.
005175.00001/105635v2 Isaoa1955.00c)Page 2 of 6
3`d Penalty during season: No use of the Use Area for the
remainder of the season.
4. Responsibilities of District. District shall:
a. Remove trash from the trash containers located at the turf field and clean up any
litter and debris on turf field preceding use of turf field by City.
b. Attend a pre- season meeting with City for a preseason inspection of the turf field at
least 30 days prior to the beginning of the Use Period.
c. Provide routine maintenance of the Use Area. Nothing in this Agreement requires the
District to provide a new or upgraded turf field or parking areas. The parties
understand that the Use Area is subject to normal wear and tear.
5. Service charge.
a. In consideration for the use of the turf field and the inkind value of maintenance
assistance by the District, the City shall pay a service charge to the District in the
amount of $35.00 per hour or portion thereof that the turf field is used by City or
City Third Party Users ( "Use Fee "). The Use Fee shall not apply to days cancelled
due to inclement weather.
b. City shall pay an estimated Use Fee each year no later than July 1 based on the
estimated use level expected between July 1 and the following June 30. The
estimated Use Fee shall include a credit for any excess payments made for the prior
year and shall include an additional payment for the amount of any charges incurred
beyond the estimate for the prior year.
6. Legal Responsibility /Insurance.
a. a. City and District agree to indemnify, defend and hold harmless the other party
and its respective trustees or directors, agents, officers, employees, governing
boards and board members from and against any and all claims, demand, lawsuits or
other proceedings, bodily injury, property damages, personal injury and other
liabilities and damages, including attorney's fees and costs, arising out of the
indemnifying party's alleged or actual omission, act or negligence in the
performance or failure to perform its obligations under this Agreement. The
indemnity, defense and hold harmless obligations herein set forth shall survive the
termination of this Agreement for any alleged or actual omission, act or negligence
in the performance or failure to perform its obligations under this Agreement that
occurred during the term of this Agreement.
b. Each party shall maintain comprehensive general liability or self - insurance with
limits of not less than two million dollars ($2,000,000) combined single limit for
bodily injury and property damages, written on an occurrence basis which insurance
shall be primary for any acts or omissions of the insured party and/or its officers,
employees, agents, governing board and board members. District and City shall
provide each other with Certificates of Insurance, naming the other as additional
00517 5,000011105 63 5v2 isao41955.DOC)Page 3 of 6
insured under their respective policies or self - insurance to the extent that the
conduct giving rise to the claim is the responsibility of the other party under the
terms of this Agreement. Each Party shall promptly notify the other of any claim or
of any occurrence which the Party reasonably believes may give rise to a claim
against either Party arising out of the administration or management of the facilities
or the programs conducted by City at the property described in Exhibit A.
Contract Administration.
a. This Agreement shall be administered on behalf of City by the Public Works
Director.
b. This Agreement shall be administered on behalf of District by the Assistant
Superintendent, Business Services.
8. Termination. The District may terminate this agreement after 60 days' notice if the
District determines, in its sole discretion, at any time during the term of the agreement
if the Use Area, or any part of it, is needed for District activities. District may also
terminate this agreement in the event of a material breach by City which breach has not
been cured by City within 90 days of notice from District of the breach. At the end of
the first year only, District may terminate for any reason whatsoever by giving 60 days
written notice to City prior to the end of the first year of the agreement.
9. Notices. All notices or communication concerning a party's compliance with the terms
of this Agreement shall be in writing and may be given either personally, by certified
mail, return receipt requested, or by overnight express carrier directed to the address
specified below. 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.
Notices to City shall be sent to:
John Cherbone
Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868 -1241
Fax: (408) 868-1281
With a copy to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868 -1269
Fax: (408)868 -8559
005175.00001/10563 5v2 tsa041955.DOCpPage 4 of 6
Notices to District shall be sent to:
Campbell Union High School District
Assistant Superintendent, Business Services
3235 Union Avenue
San Jose, CA 95070
Phone: (408) 371 -0960
10. Successors and assigns. City shall not assign any of its rights or obligations under this
Agreement without the express written authorization of the District. District approval
of Third Party Users pursuant to section 2.c of this Agreement shall satisfy this
requirement for the purposes of assigning rights of use to Third Party Users. This
Agreement shall inure to the benefit of and shall be binding upon the successors and
assigns of the parties hereto.
11. Integration. This Agreement is intended by the Parties as the final expression of their
agreement with respect to such terms as are included herein and as complete and
exclusive statement of its terms and may not be contradicted by evidence of any prior
agreement or of a contemporaneous oral agreement, nor explained or supplemented by
evidence of consistent additional terms.
12. Amendments. This Agreement cannot be changed or supplemented orally and may be
modified or superseded only by written instrument executed by both parties.
13. Interpretation. Each of the Parties acknowledges and agrees that this Agreement is an
accord and satisfaction to be construed as a whole according to its fair meaning and not
in favor of nor against any of the Parties as draftsman or otherwise.
14. Forum. Any action or proceeding seeking any relief under or with respect to this
Agreement shall be brought solely in Superior Court of the State of California, County
of Santa Clara.
15. Choice of Law. This Agreement shall be governed by and interpreted under the laws of
California applicable to instruments, persons, transactions and subject matter which
have legal contacts and relationships exclusively within the State of California.
16. Counterparts. This Agreement may be executed in counterparts, each of which shall
constitute an original of the Agreement. Facsimile signature pages transmitted to other
Parties to this Agreement shall be deemed equivalent to original signatures on
counterparts.
17. Governing Board Approval or Ratification. This Agreement will become binding
and effective only upon approval or ratification by the District's Governing Board.
18. Authority. Each signatory hereto hereby represents and warrants that he or she is duly
authorized to enter this Agreement on behalf of the entity to be bound by this
Agreement.
005175.00001/105635v2 fsa041955.DOC }Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last
signed below.
DATED:
DATED:
DATED:
CAMPBELL UNION HIGH SCHOOL
DISTRICT
IC
CITY OF SARATOGA
M
Dave Anderson, City Manager
APPROVED AS TO FORM:
RICHARD S. TAYLOR
Attorney for City of Saratoga
005175.00001/105635v2 {se041955.00C)Page 6 of 6
Attachment B
PROSPECT HIGH SCHOOL SPRING 2007
YOUTH SPORTS SCHEDULE
Code Enforcement: Jana Rinaldi - 857 -6539
Public Works: John Cherbone - 393 -1523
Total Hours = 146
School Ad Hoc: Mayor Aileen Kao - 799 -2998
Council Member - Kathleen King - 605 -5251
Attachment "C"
Service Charge for Use of Prospect High School Turf Field
Spring 2007
AYSO
• Base Cost: 26 hours @ $35.00/hour = $910
• City Labor Costs: 10 Ins @ $34.00 x (26/146) _ $61
• Restroom/Wash Basin Rental: 6 months @ $160 /month x (26/146) = 171
Total Field Rental Cost = $1,142
• Administrative Costs: 5 hrs @ $59.00 = $295
Total Cost Spring 2007 = $1,437
AGREEMENT CONCERNING USE OF
CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY
THIS AGREEMENT ( "Agreement "), dated , by and
between the CITY OF SARATOGA, a municipal corporation ( "City "), and DE ANZA
YOUTH SOCCER LEAGUE, ( "User Group "), is made with reference to the following facts:
A. The Campbell Union High School District ( "District ") is the owner of an
educational facility, located on Prospect Road, known as Prospect High School ( "the High
School "), in which the District has constructed facilities, including a turf field and parking areas
that are the subject of this agreement.
B. On December 20, 2006, City entered into an agreement with District over the
joint use of the High School premises ( "Joint Use Agreement "), which is attached hereto as
Attachment "A." The Joint Use Agreement allows City to use the High School's turf field and
parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and
practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of
the turf field and parking areas by private user groups, such as User Group.
C. City now desires to grant User Group the right to use the High School's turf field
and parking areas, provided User Group agrees to comply with City's obligations towards
District under the Joint Use Agreement, as specified in this Agreement and provided further that
District does not limit City's right to field use during the times that use is authorized by this
Agreement. City and User Group therefore desire to execute this Agreement, to establish their
respective rights and obligations concerning the use and maintenance of the High School's turf
field and parking areas.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Times and Terms of Use. User Group shall have the right to use the turf field
and parking areas shown on Exhibit "A" to the Joint Use Agreement, during the period specified
in the Soccer Season, attached hereto as Attachment `B," and at any other dates and times as
may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year,
User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use
of the High School's turf fields and parking areas and (b) the anticipated schedule of games and
practices during the spring and fall Seasons. Such notice shall be famished to City at least sixty
(60) days prior to the commencement of each Season. During each Season, User Group shall be
entitled to the exclusive use of the turf field and shared use of the parking areas during the
conduct of its games and practices, so long as the right to such use by the City is not terminated
or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas
shall be subject to regular parking regulations. User Group shall not use the terms "Prospect
High ", "Campbell Union High School District ", or similar terms in its name or the name of any
team or club affiliated with User Group.
Page 1 of 6
2. Responsibilities of User Group. User Group may use the High School's turf
field and parking area in accordance to the limits established in the attached Joint Use
Agreement and High School rules and regulations, including, but not limited to, being
responsible for:
(a) Cleaning up of litter and debris after each use of the turf field or parking areas
and depositing of all garbage in District trash containers located at the play
fields;
(b) Ensuring the safety of all User Group activities;
(c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise
placed in any way on any area in use pursuant to this Agreement;
(d) Participating with City in a pre- season inspection of the turf field at least 30
days prior to the beginning of the spring and fall Seasons, at which time User
Group shall advise City of any objections to the condition of the turf field.
(e) Notifying City immediately of any objections to the condition of the turf field
encountered during the spring and fall Seasons.
(f) Ensuring that its members follow appropriate turf maintenance practices
including, but not limited, to:
i. Preparing the turf field for games and practices, including lining of
fields, relining following mowing, adjustment of goal locations, etc.;
ii. Prohibiting all liquids on the turf field, with the exception of drinking
water; and
iii. Prohibiting food of any kind on the turf field.
3. Responsibilities of City.
(a) Making arrangements with User Group for a pre- season inspection of the turf
field at least 30 days prior to the beginning of the spring and fall Seasons.
(b) Providing portable restroom facilities (including scheduled sanitation service)
for use by User Group.
4. Service charge. In consideration for the right to use the High School's turf
field and parking areas, as hereinabove described, User Group shall pay a service charge to City,
as detailed in Attachment "C," for each season during the term of this Agreement. Such service
charge shall be due and payable on or before July 1.
5. Park Use Policy. The Director of Public Works and /or his (her) City
employee designee shall each have full authority to regulate the use of the park, including, but
not limited to, regulation of field use and imposing field "rest" periods during the season or use
Page 2 of 6
period, which is contingent upon the condition of the park and field as determined by the Public
Works Director and/or his (her) City employee designee to ensure the long term health of the
park.
6. Rainy Day Policy. User Group shall not use any field that if the Director of
Public Works and/or his (her) City employee designee has determined is or is expected to be in
an unplayable condition at the time scheduled for use. The Director of Public Works shall
provide a designated representative of User Group with a "Weather Hotline" telephone number
for recorded information regarding field conditions. If a field is closed the closure will be noted
on the Weather Hotline and, as soon as reasonably practicable following the Director's and/or his
(her) City employee designee determination, a sign will be posted at the park stating "Field
Closed Today ". Any closed field may be used immediately following a determination by the
Director of Public Works and/or his (her) City employee designee that the field is in a playable
condition; this determination will be noted on the Weather Hotline and, and as soon as
reasonably practicable following the Director's determination, any field closure sign at the park
will be removed. This policy shall be publicized by User Group on all game and practice
schedules distributed to players and coaches and made available to all users.
7. Penalties for field use violations. Unauthorized use of the High School by User
Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result
in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use
Agreement as follows:
I` Penalty during season: No use of High School for up to one week.
2 °d Penalty during season: No use of High School for up to one month.
P Penalty during season: No use of High School for up to the remainder of the
season.
In addition, User Group shall compensate City for the actual costs of correcting any
damage to the High School due to the unauthorized use. If payment is not made within ten (10)
days of User Group's receipt of City's request for payment, the Director of Public Works may
suspend User Group's ability to use High School until such time as payment is made.
8. Indemnification of City. User Group agrees to indemnify, defend, and hold
City, its officials, employees, volunteers, boards and commissions free and harmless from and
against any and all claims, demands, causes of action, damages, liabilities, costs or expenses
(including the expense of attorney's fees for defending any action brought against City or any of
its officers, officials, employees, volunteers, boards or commissions), arising out of or in any
manner relating to the use and maintenance of the High School by User Group or from the
performance by User Group of its obligations under this Agreement. User Group further agrees
to compensate City for any and all damages to High School (including any facilities therein)
directly or indirectly resulting from User Group's use of the High School.
9. Insurance Requirements. User Group shall procure and maintain for the
duration of the Agreement `occurrence coverage" insurance against claims for the injuries to
persons or damages to property which may arise from or in connection with User Group's use
Page 3 of 6
and maintenance of the park, and the performance of the obligations hereunder by User Group,
its agents, representatives or employees.
(a) Minimum Limits of Insurance. User Group shall maintain limits no less than:
1. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
2. Workers' Compensation where required by California Labor Code Sectionn
3700 et seq. and where worker compensation is required employers liability limits
of $1,000,000 per accident.
(b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
provisions:
General Liability Coverage.
a. The City, its officers, officials, employees, boards and commissions,
and volunteers are to be covered as insureds as respects: liability
arising out of activities performed by or on behalf of User Group. The
coverage shall contain no special limitations on the scope of the
protection afforded to City, its officers, officials, employees, boards
and commissions, or volunteers.
b. User Group's insurance shall be primary insurance as respects the
City, its officers, officials, employees, boards and commissions, and
volunteers. Any insurance or self - insurance maintained by the City, its
officers, officials, employees or volunteers shall be excess of User
Group's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees, boards and commissions, or volunteers.
d. User Group's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the
City, its officers, officials, employees, boards and commissions, and
volunteers for losses arising from work performed by User Group for
the City.
3. All Coverages.
Page 4 of 6
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in its limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
(c) Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than A: VII.
(d) Verification of Coverage. User Group shall furnish City with certificates
of insurance, naming City as additional insured under their policies, to the
extent that the conduct giving rise to the claim is the responsibility of
User Group under the terms of this Agreement, and with original
endorsements effecting coverage required by this section. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be received and approved by the City before
User Group may make use of the park. The City reserves the right to
require complete, certified copies of all required insurance policies, at any
time.
(e) Notice. User Group shall promptly notify City of any claim or of any
occurrence which User Group reasonably believes may give rise to a
claim against either Party arising out of the administration or management
of the facilities or the programs conducted by User Group at the facilities
described in Exhibit "A" to the Joint Use Agreement.
10. Term of Agreement. This Agreement shall become effective upon execution by the
parties and shall terminate on December 31, 2007. If City determines User Group is violating
any terms of this agreement or in any way engaging in activities that City determines are or may
be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this
Agreement if after giving of written notice to User Group to correct the violation, within thirty
(30) days, User Group has not made the necessary correction. In the event the Joint Use
Agreement terminates, this Agreement will immediately terminate.
11. Contract Administration. This Agreement shall be administered on behalf of City
by the Director of Public Works. The Director of Public Works has complete authority to
receive information, interpret and define City's policies regarding this Agreement, and
communicate with User Group concerning this Agreement. All correspondence and other
communications shall be directed to or through the Director of Public Works.
12. Notices. All notices or communication concerning a Party's compliance with the
terms of this Agreement shall be in writing and may be given either personally, by certified mail,
return receipt requested, or by overnight express carrier directed to the address specified below.
The notice shall be deemed to have been given and received on the date delivered in person or
Page 5 of 6
the date upon which the postal authority or overnight express carrier indicates that the mailing
was delivered to the address of the receiving Party.
Notices to User Group shall be sent to:
Name:
Street:
City, State, Zip:
Telephone:
Fax:
Notices to City shall be sent to:
Name:
Street:
City, State, Zip:
Telephone:
Fax:
13. Successors and assigns. This Agreement shall inure to the benefit of and shall be
binding upon the successors of the parties hereto by merger, consolidation, incorporation of an
existing unincorporated association or the formation of additional branches, divisions or regions.
Otherwise, this Agreement is neither transferable nor assignable.
14. Authority. Each signatory hereto hereby represents and warrants that he or she is
duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
DATED:
DATED:
DATED:
CITY OF SARATOGA,
a municipal corporation
C
DE ANZA YOUTH SOCCER LEAGUE
APPROVED AS TO FORM:
Page 6 of 6
Attachment "A"
JOINT USE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE
CAMPBELL UNION HIGH SCHOOL DISTRICT
THIS AGREEMENT, dated , ( "Effective Date ") by and between
THE CITY OF SARATOGA, a municipal corporation ( "City "), and CAMPBELL UNION HIGH
SCHOOL DISTRICT, ( "District "), is made with reference to the following facts:
A. Whereas, the District is owner of an educational facility, located on Prospect Road,
known as Prospect High School ( "the High School "), in which the District has constructed facilities,
including a turf field and parking areas that are the subject of this agreement and shown on Exhibit "A"
(collectively "Use Area ").
B. Whereas, by entering into this Agreement, the community will benefit by having access
to the Use Area for City organized events, and the District will benefit by the City sharing in costs of
the Use Area.
C. Whereas, the City and District desire to execute this Agreement to establish their
respective rights and obligations concerning the use and maintenance of the Use Area as expressly
permitted by Education Code section 10900 et seq.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Term of Agreement. This Agreement shall become effective upon execution by the
parties for an initial term of two (2) years and may be renewed on the same conditions
for five additional one -year terms.
2. Time and Terms of Use.
a. During the term of this Agreement the City shall have the right to use the Use Area
shown on Exhibit A on the days and times shown on Exhibit B ( "Use Periods ") and
at such other days and times as may be mutually agreed upon by District and City,
as long as such City use does not interfere with use by the District of the Use Area.
b. Within 30 days of the Effective Date of this Agreement and by June 1 st of each year
after, the City shall inform the District as to (a) the anticipated specific starting and
ending dates of its use of the Use Area and (b) the schedule for games and practices
during the Use Periods shown on Exhibit B. Such notice shall be furnished by the
City at least thirty (30) days prior to the commencement of the Use Period and shall
be adopted unless the City scheduled use of the Use Area interferes with the
District's use of these facilities. If the City proposes Use Periods in addition to
those shown on Exhibit B, the City and District shall memorialize their agreement
on mutually agreeable dates in the form of a letter agreement signed by the City
Public Works Director (or the Director's designee) on behalf of the City and the
Assistant Superintendent of Business Services or designee.
005175.00001/105635v2 ( SR041955.DOC)Page 1 of
3.
c. During Use Periods the City shall be entitled to the exclusive use of the turf field
and shared use of the parking areas. Use of the parking area shall be subject to
regular parking regulations. At all other times, the Use Area shall remain open for
use by the District. City may authorize use of the Use Area pursuant to this
Agreement by third parties ( "Third Party Users ") in a manner consistent with the
Civic Center Act (Educ. Code § 38130 et seq.), operating pursuant to a City permit
or agreement only if such use by Third Party Users is scheduled by the City in
Exhibit B and approved by Assistant Superintendent of Business Services or
designee. Any permit or agreement between City and Third Party Users related to
the Use Area shall incorporate the terms and obligations of the City in this
Agreement. City and District agree that use of the Use Area by organized youth
sports groups such as AYSO, CYSA and is consistent with the Civic
Center Act.
Responsibilities of City. City shall:
a. Monitor High School grounds via periodic patrols by County Sheriffs and City of
Saratoga Code Enforcement.
b. Ensure Third Party Users follow appropriate turf field maintenance practices
including:
i. Prohibition of all liquids on the artificial turf field and track with the
exception of drinking water.
ii. No food of any kind on the artificial turf field and track.
iii. District's Administrative Regulation (AR) 7112 Care of Facilities
iv. District's AR 3513.2 Parking
V. Other appropriate District and City Regulations
c. Issue an encroachment permit to District for maintenance access to District property
from City owned right -of -way at San Palo Ct.
d. Provide portable restroom facilities (including scheduled sanitation service) for use
by City and Third Party Users. City shall lock these restroom facilities following
each use of the Use Area and unlock the restroom facilities at the commencement of
each use unless otherwise directed by the District. Location of the portable restroom
facilities shall be approved by the High School Principal before installation.
e. Clean up litter and debris after each use of the Use Area and deposit of all garbage
in District trash containers located at the play fields.
f. Field use monitoring at regular intervals during use periods.
g. Unauthorized use of the Use Area by City or Third Party Users may result in a
penalty as follows:
I" Penalty during season: No use of the Use Area for one week.
2 "a Penalty during season: No use of the Use Area for one month.
005175.000011105635v2 (sx041955.DOC)Page 2 of 6
P Penalty during season: No use of the Use Area for the
remainder of the season.
4. Responsibilities of District. District shall:
a. Remove trash from the trash containers located 'at the turf field and clean up any
litter and debris on turf field preceding use of turf field by City.
b. Attend a pre -season meeting with City for a preseason inspection of the turf field at
least 30 days prior to the beginning of the Use Period.
c. Provide routine maintenance of the Use Area. Nothing in this Agreement requires the
District to provide a new or upgraded turf field or parking areas. The parties
understand that the Use Area is subject to normal wear and tear.
5. Service charge.
a. In consideration for the use of the turf field and the inkind value of maintenance
assistance by the District, the City shall pay a service charge to the District in the
amount of $35.00 per hour or portion thereof that the turf field is used by City or
City Third Party Users ( "Use Fee "). The Use Fee shall not apply to days cancelled
due to inclement weather.
b. City shall pay an estimated Use Fee each year no later than July 1 based on the
estimated use level expected between July 1 and the following June 30. The
estimated Use Fee shall include a credit for any excess payments made for the prior
year and shall include an additional payment for the amount of any charges incurred
beyond the estimate for the prior year.
6. Legal Responsibility/Insurance.
a. a. City and District agree to indemnify, defend and hold harmless the other party
and its respective trustees or directors, agents, officers, employees, governing
boards and board members from and against any and all claims, demand, lawsuits or
other proceedings, bodily injury, property damages, personal injury and other
liabilities and damages, including attorney's fees and costs, arising out of the
indemnifying party's alleged or actual omission, act or negligence in the
performance or failure to perform its obligations under this Agreement. The
indemnity, defense and hold harmless obligations herein set forth shall survive the
termination of this Agreement for any alleged or actual omission, act or negligence
in the performance or failure to perform its obligations under this Agreement that
occurred during the term of this Agreement.
b. Each party shall maintain comprehensive general liability or self - insurance with
limits of not less than two million dollars ($2,000,000) combined single limit for
bodily injury and property damages, written on an occurrence basis which insurance
shall be primary for any acts or omissions of the insured party and/or its officers,
employees, agents, governing board and board members. District and City shall
provide each other with Certificates of Insurance, naming the other as additional
005175.00001/105635x2 {sa041955.DOC)Page 3 of 6
insured under their respective policies or self - insurance to the extent that the
conduct giving rise to the claim is the responsibility of the other party under the
terms of this Agreement. Each Party shall promptly notify the other of any claim or
of any occurrence which the Party reasonably believes may give rise to a claim
against either Party arising out of the administration or management of the facilities
or the programs conducted by City at the property described in Exhibit A.
7. Contract Administration.
a. This Agreement shall be administered on behalf of City by the Public Works
Director.
b. This Agreement shall be administered on behalf of District by the Assistant
Superintendent, Business Services.
8. Termination. The District may terminate this agreement after 60 days' notice if the
District determines, in its sole discretion, at any time during the term of the agreement
if the Use Area, or any part of it, is needed for District activities. District may also
terminate this agreement in the event of a material breach by City which breach has not
been cured by City within 90 days of notice from District of the breach. At the end of
the first year only, District may terminate for any reason whatsoever by giving 60 days
written notice to City prior to the end of the first year of the agreement.
9. Notices. All notices or communication concerning a party's compliance with the terms
of this Agreement shall be in writing and may be given either personally, by certified
mail, return receipt requested, or by overnight express carrier directed to the address
specified below. 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.
Notices to City shall be sent to:
John Cherbone
Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868 -1241
Fax: (408) 868 -1281
With a copy to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868 -1269
Fax: (408)868-8559
005175.000,01/105635v2 { SR041955.DOC) Page 4 of 6
Notices to District shall be sent to:
Campbell Union High School District
Assistant Superintendent, Business Services
3235 Union Avenue
San Jose, CA 95070
Phone: (408) 371 -0960
10. Successors and assigns. City shall not assign any of its rights or obligations under this
Agreement without the express written authorization of the District. District approval
of Third Party Users pursuant to section 2.c of this Agreement shall satisfy this
requirement for the purposes of assigning rights of use to Third Party Users. This
Agreement shall inure to the benefit of and shall be binding upon the successors and
assigns of the parties hereto.
11. Integration. This Agreement is intended by the Parties as the final expression of their
agreement with respect to such terms as are included herein and as complete and
exclusive statement of its terms and may not be contradicted by evidence of any prior
agreement or of a contemporaneous oral agreement, nor explained or supplemented by
evidence of consistent additional terms.
12. Amendments. This Agreement cannot be changed or supplemented orally and may be
modified or superseded only by written instrument executed by both parties.
13. Interpretation. Each of the Parties acknowledges and agrees that this Agreement is an
accord and satisfaction to be construed as a whole according to its fair meaning and not
in favor of nor against any of the Parties as draftsman or otherwise.
14. Forum. Any action or proceeding seeking any relief under or with respect to this
Agreement shall be brought solely in Superior Court of the State of California, County
of Santa Clara.
15. Choice of Law. This Agreement shall be governed by and interpreted under the laws of
California applicable to instruments, persons, transactions and subject matter which
have legal contacts and relationships exclusively within the State of California.
16. Counterparts. This Agreement may be executed in counterparts, each of which shall
constitute an original of the Agreement. Facsimile signature pages transmitted to other
Parties to this Agreement shall be deemed equivalent to original signatures on
counterparts.
17. Governing Board Approval or Ratification. This Agreement will become binding
and effective only upon approval or ratification by the District's Governing Board.
18. Authority. Each signatory hereto hereby represents and warrants that he or she is duly
authorized to enter this Agreement on behalf of the entity to be bound by this
Agreement.
0051 75.00001/105635v2 (sx041955.Doc(Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last
signed below.
DATED:
DATED:
DATED:
005175.00001/105635v2
CAMPBELL UNION
DISTRICT
IM
CITY OF SARATOGA
Un
HIGH SCHOOL
Dave Anderson, City Manager
APPROVED AS TO FORM-
RICHARD S. TAYLOR
Attorney for City of Saratoga
{se0a1v55.DOC Page 6 of 6
77
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PROSPECT HIGH SCHOOL USEAGE MATRIX
JanUary
February
March
April
Mav
June
July
Au ust
September
October
November
December
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930 AM
10 00 A.M.
-
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-
10:30 A.M.
-
-
-
-
-
-
11:00 A.M.
-
-
-
11:30 A.M.
12.00 P.M.
-
-
-
12:30P.M.
1.00 P.M.
_
1:30 P.M.
2:00 P.M.
2:30 P.M.
3'.00 P.M.
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3'.30 P. M.
4:00 P.
-
4.30 P.M.
-
-
-
5 OOP. M.
5'30 P.M.
6:00 P.M.
_- _.
6'.30 P.M.
7'.00 P. M.
_
-
-_
__
7 30 P.M.
800PM.
_
_
_
LEGEND:
= CITY USE
= SCHOOL USE
NOTE: SCHEDULED USE OF SCHOOL PLAY FIELDS FOR ADDITIONAL GAMES OR PRACTICES NOT SHOWN ABOVE SHALL BE DETERMINED CASE BY CASE BASED ON AVAILABILITY.
Attachment B
PROSPECT HIGH SCHOOL SPRING 2007
YOUTH SPORTS SCHEDULE
Code Enforcement: Jana Rinaldi - 857 -6539
Public Works: John Cherbone - 393 -1523
Total Hours = 146
School Ad Hoc: Mayor Aileen Kao - 799 -2998
Council Member - Kathleen King - 605 -5251
Attachment "C"
Service Charge for Use of Prospect High School Turf Field
Spring 2007
CYSA
• Base Cost: 88 hours @ $35.00/hour = $3,080
• City Labor Costs:
10 hrs @ $34.00 x (88/146) = $205
• Restroom/Wash Basin Rental: 6 months @ $160 /month x (88/146) =__$579
Total Field Rental Cost = $3,864
• Administrative Costs: 5 brs @ $59.00 = 295
Total Cost Spring 2007 = $4,15
AGREEMENT CONCERNING USE OF
CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY
THIS AGREEMENT ( "Agreement "), dated , by and
between the CITY OF SARATOGA, a municipal corporation ( "City "), and WEST VALLEY
LACROSSE CLUB, ( "User Group "), is made with reference to the following facts:
A. The Campbell Union High School District ( "District ") is the owner of an
educational facility, located on Prospect Road, known as Prospect High School ( "the High
School "), in which the District has constructed facilities, including a turf field and parking areas
that are the subject of this agreement.
B. On December 20, 2006, City entered into an agreement with District over the
joint use of the High School premises ( "Joint Use Agreement "), which is attached hereto as
Attachment "A." The Joint Use Agreement allows City to use the High School's turf field and
parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and
practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of
the turf field and parking areas by private user groups, such as User Group.
C. City now desires to grant User Group the right to use the High School's turf field
and parking areas, provided User Group agrees to comply with City's obligations towards
District under the Joint Use Agreement, as specified in this Agreement and provided further that
District does not limit City's right to field use during the times that use is authorized by this
Agreement. City and User Group therefore desire to execute this Agreement, to establish their
respective rights and obligations concerning the use and maintenance of the High School's turf
field and parking areas.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Times and Terms of Use. User Group shall have the right to use the turf field
and parking areas shown on Exhibit "A" to the Joint Use Agreement, during the period specified
in the Lacrosse Season, attached hereto as Attachment `B," and at any other dates and times as
may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year,
User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use
of the High School's turf fields and parking areas and (b) the anticipated schedule of games and
practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty
(60) days prior to the commencement of each Season. During each Season, User Group shall be
entitled to the exclusive use of the turf field and shared use of the parking areas during the
conduct of its games and practices, so long as the right to such use by the City is not terminated
or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas
shall be subject to regular parking regulations. User Group shall not use the terms "Prospect
High ", "Campbell Union High School District ", or similar terms in its name or the name of any
team or club affiliated with User Group.
Page 1 of 6
2. Responsibilities of User Group. User Group may use the High School's turf
field and parking area in accordance to the limits established in the attached Joint Use
Agreement and High School rules and regulations, including, but not limited to, being
responsible for:
(a) Cleaning up of litter and debris after each use of the turf field or parking areas
and depositing of all garbage in District trash containers located at the play
fields;
(b) Ensuring the safety of all User Group activities;
(c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise
placed in any way on any area in use pursuant to this Agreement;
(d) Participating with City in a pre- season inspection of the turf field at least 30
days prior to the beginning of the spring and fall Seasons, at which time User
Group shall advise City of any objections to the condition of the turf field.
(e) Notifying City immediately of any objections to the condition of the turf field
encountered during the spring and fall Seasons.
(f) Ensuring that its members follow appropriate turf maintenance practices
including, but not limited, to:
i. Preparing the turf field for games and practices, including lining of
fields, relining following mowing, adjustment of goal locations, etc.;
ii. Prohibiting all liquids on the turf field, with the exception of drinking
water; and
iii. Prohibiting food of any kind on the turf field.
3. Responsibilities of City.
(a) Making arrangements with User Group for a pre- season inspection of the turf
field at least 30 days prior to the beginning of the spring and fall Seasons.
(b) Providing portable restroom facilities (including scheduled sanitation service)
for use by User Group.
4. Service charge. In consideration for the right to use the High School's turf
field and parking areas, as hereinabove described, User Group shall pay a service charge to City,
as detailed in Attachment "C," for each season during the term of this Agreement. Such service
charge shall be due and payable on or before July 1.
5. Park Use Policy. The Director of Public Works and /or his (her) City
employee designee shall each have full authority to regulate the use of the park, including, but
not limited to, regulation of field use and imposing field "rest" periods during the season or use
Page 2 of 6
period, which is contingent upon the condition of the park and field as determined by the Public
Works Director and/or his (her) City employee designee to ensure the long term health of the
park.
6. Rainy Day Policy. User Group shall not use any field that if the Director of
Public Works and/or his (her) City employee designee has determined is or is expected to be in
an unplayable condition at the time scheduled for use. The Director of Public Works shall
provide a designated representative of User Group with a "Weather Hotline" telephone number
for recorded information regarding field conditions. If a field is closed the closure will be noted
on the Weather Hotline and, as soon as reasonably practicable following the Director's and/or his
(her) City employee designee determination, a sign will be posted at the park stating "Field
Closed Today ". Any closed field may be used immediately following a determination by the
Director of Public Works and/or his (her) City employee designee that the field is in a playable
condition; this determination will be noted on the Weather Hotline and, and as soon as
reasonably practicable following the Director's determination, any field closure sign at the park
will be removed. This policy shall be publicized by User Group on all game and practice
schedules distributed to players and coaches and made available to all users.
7.
Penalties for field use violations. Unauthorized use of the High School by User
Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result
in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use
Agreement as follows:
1" Penalty during season:
2nd Penalty during season:
3rd Penalty during season:
season.
No use of High School for up to one week.
No use of High School for up to one month.
No use of High School for up to the remainder of the
In addition, User Group shall compensate City for the actual costs of correcting any
damage to the High School due to the unauthorized use. If payment is not made within ten (10)
days of User Group's receipt of City's request for payment, the Director of Public Works may
suspend User Group's ability to use High School until such time as payment is made.
8. Indemnification of City. User Group agrees to indemnify, defend, and hold
City, its officials, employees, volunteers, boards and commissions free and harmless from and
against any and all claims, demands, causes of action, damages, liabilities, costs or expenses
(including the expense of attorney's fees for defending any action brought against City or any of
its officers, officials, employees, volunteers, boards or commissions), arising out of or in any
manner relating to the use and maintenance of the High School by User Group or from the
performance by User Group of its obligations under this Agreement. User Group further agrees
to compensate City for any and all damages to High School (including any facilities therein)
directly or indirectly resulting from User Group's use of the High School.
9. Insurance Requirements. User Group shall procure and maintain for the
duration of the Agreement "occurrence coverage" insurance against claims for the injuries to
persons or damages to property which may arise from or in connection with User Group's use
Page 3 of 6
and maintenance of the park, and the performance of the obligations hereunder by User Group,
its agents, representatives or employees.
(a) Minimum Limits of Insurance User Group shall maintain limits no less than:
L General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
2. Workers' Compensation where required by California Labor Code Sectionn
3700 et seq. and where worker compensation is required employers liability limits
of $1,000,000 per accident.
(b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
provisions:
General Liability Coverage.
a. The City, its officers, officials, employees, boards and commissions,
and volunteers are to be covered as insureds as respects: liability
arising out of activities performed by or on behalf of User Group. The
coverage shall contain no special limitations on the scope of the
protection afforded to City, its officers, officials, employees, boards
and commissions, or volunteers.
b. User Group's insurance shall be primary insurance as respects the
City, its officers, officials, employees, boards and commissions, and
volunteers. Any insurance or self - insurance maintained by the City, its
officers, officials, employees or volunteers shall be excess of User
Group's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees, boards and commissions, or volunteers.
d. User Group's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the
City, its officers, officials, employees, boards and commissions, and
volunteers for losses arising from work performed by User Group for
the City.
3. All Coverages.
Page 4 of 6
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in its limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
(c) Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than A: VII.
(d) Verification of Coverage. User Group shall furnish City with certificates
of insurance, naming City as additional insured under their policies, to the
extent that the conduct giving rise to the claim is the responsibility of
User Group under the terms of this Agreement, and with original
endorsements effecting coverage required by this section. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be received and approved by the City before
User Group may make use of the park. The City reserves the right to
require complete, certified copies of all required insurance policies, at any
time.
(e) Notice. User Group shall promptly notify City of any claim or of any
occurrence which User Group reasonably believes may give rise to a
claim against either Party arising out of the administration or management
of the facilities or the programs conducted by User Group at the facilities
described in Exhibit "A" to the Joint Use Agreement.
10. Term of Agreement. This Agreement shall become effective upon execution by the
parties and shall terminate on December 31, 2007. If City determines User Group is violating
any terms of this agreement or in any way engaging in activities that City determines are or may
be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this
Agreement if after giving of written notice to User Group to correct the violation, within thirty
(30) days, User Group has not made the necessary correction. In the event the Joint Use
Agreement terminates, this Agreement will immediately terminate.
11. Contract Administration. This Agreement shall be administered on behalf of City
by the Director of Public Works. The Director of Public Works has complete authority to
receive information, interpret and define City's policies regarding this Agreement, and
communicate with User Group concerning this Agreement. All correspondence and other
communications shall be directed to or through the Director of Public Works.
12. Notices. All notices or communication concerning a Party's compliance with the
terms of this Agreement shall be in writing and may be given either personally, by certified mail,
return receipt requested, or by overnight express carrier directed to the address specified below.
The notice shall be deemed to have been given and received on the date delivered in person or
Page 5 of 6
the date upon which the postal authority or overnight express carrier indicates that the mailing
was delivered to the address of the receiving Party.
Notices to User Group shall be sent to:
Name:
Street:
City, State, Zip:
Telephone:
Fax:
Notices to City shall be sent to:
Name:
Street:
City, State, Zip:
Telephone:
Fax:
13. Successors and assigns. This Agreement shall inure to the benefit of and shall be
binding upon the successors of the parties hereto by merger, consolidation, incorporation of an
existing unincorporated association or the formation of additional branches, divisions or regions.
Otherwise, this Agreement is neither transferable nor assignable.
14. Authority. Each signatory hereto hereby represents and warrants that he or she is
duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
DATED:
DATED:
DATED:
CITY OF SARATOGA,
a municipal corporation
C
WEST VALLEY LACROSSE CLUB
0
' ' IYt1II
Page 6 of 6
Attachment "A"
JOINT USE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE
CAMPBELL UNION HIGH SCHOOL DISTRICT
THIS AGREEMENT, dated ( "Effective Date ") by and between
THE CITY OF SARATOGA, a municipal corporation ( "City"), and CAMPBELL UNION HIGH
SCHOOL DISTRICT, ( "District "), is made with reference to the following facts:
A. Whereas, the District is owner of an educational facility, located on Prospect Road,
known as Prospect High School ( "the High School "), in which the District has constructed facilities,
including a turf field and parking areas that are the subject of this agreement and shown on Exhibit "A"
(collectively "Use Area ").
B. Whereas, by entering into this Agreement, the community will benefit by having access
to the Use Area for City organized events, and the District will benefit by the City sharing in costs of
the Use Area.
C. Whereas, the City and District desire to execute this Agreement to establish their
respective rights and obligations concerning the use and maintenance of the Use Area as expressly
permitted by Education Code section 10900 et seq.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Term of Agreement. This Agreement shall become effective upon execution by the
parties for an initial term of two (2) years and may be renewed on the same conditions
for five additional one -year terms.
2. Time and Terms of Use.
a. During the term of this Agreement the City shall have the right to use the Use Area
shown on Exhibit A on the days and times shown on Exhibit B ( "Use Periods ") and
at such other days and times as may be mutually agreed upon by District and City,
as long as such City use does not interfere with use by the District of the Use Area.
b. Within 30 days of the Effective Date of this Agreement and by June 1 st of each year
after, the City shall inform the District as to (a) the anticipated specific starting and
ending dates of its use of the Use Area and (b) the schedule for games and practices
during the Use Periods shown on Exhibit B. Such notice shall be furnished by the
City at least thirty (30) days prior to the commencement of the Use Period and shall
be adopted unless the City scheduled use of the Use Area interferes with the
District's use of these facilities. If the City proposes Use Periods in addition to
those shown on Exhibit B, the City and District shall memorialize their agreement
on mutually agreeable dates in the form of a letter agreement signed by the City
Public Works Director (or the Director's designee) on behalf of the City and the
Assistant Superintendent of Business Services or designee.
005175.00001/105635v2 isn041955.DOC)Page 1 of 6
3.
c. During Use Periods the City shall be entitled to the exclusive use of the turf field
and shared use of the parking areas. Use of the parking area shall be subject to
regular parking regulations. At all other times, the Use Area shall remain open for
use by the District. City may authorize use of the Use Area pursuant to this
Agreement by third parties ( "Third Party Users ") in a manner consistent with the
Civic Center Act (Educ. Code § 38130 et seq.), operating pursuant to a City permit
or agreement only if such use by Third Party Users is scheduled by the City in
Exhibit B and approved by Assistant Superintendent of Business Services or
designee. Any permit or agreement between City and Third Party Users related to
the Use Area shall incorporate the terms and obligations of the City in this
Agreement. City and District agree that use of the Use Area by organized youth
sports groups such as AYSO, CYSA and is consistent with the Civic
Center Act.
Responsibilities of City. City shall:
a. Monitor High School grounds via periodic patrols by County Sheriffs and City of
Saratoga Code Enforcement.
b. Ensure Third Party Users follow appropriate turf field maintenance practices
including:
i. Prohibition of all liquids on the artificial turf field and track with the
exception of drinking water.
ii. No food of any kind on the artificial turf field and track.
iii. District's Administrative Regulation (AR) 7112 Care of Facilities
iv. District's AR 3513.2 Parking
V. Other appropriate District and City Regulations
c. Issue an encroachment permit to District for maintenance access to District property
from City owned right -of -way at San Palo Ct.
d. Provide portable restroom facilities (including scheduled sanitation service) for use
by City and Third Party Users. City shall lock these restroom facilities following
each use of the Use Area and unlock the restroom facilities at the commencement of
each use unless otherwise directed by the District. Location of the portable restroom
facilities shall be approved by the High School Principal before installation.
e. Clean up litter and debris after each use of the Use Area and deposit of all garbage
in District trash containers located at the play fields.
f. Field use monitoring at regular intervals during use periods.
g. Unauthorized use of the Use Area by City or Third Party Users may result in a
penalty as follows:
I" Penalty during season: No use of the Use Area for one week.
2 "d Penalty during season: No use of the Use Area for one month.
005175.00001/105635x2 isx041955.DOC)Page 2 of
P Penalty during season: No use of the Use Area for the
remainder of the season.
4. Responsibilities of District. District shall:
a. Remove trash from the trash containers located at the turf field and clean up any
litter and debris on turf field preceding use of turf field by City.
b. Attend a pre- season meeting with City for a preseason inspection of the turf field at
least 30 days prior to the beginning of the Use Period.
c. Provide routine maintenance of the Use Area. Nothing in this Agreement requires the
District to provide a new or upgraded turf field or parking areas. The parties
understand that the Use Area is subject to normal wear and tear.
5. Service charge.
a. In consideration for the use of the turf field and the inkind value of maintenance
assistance by the District, the City shall pay a service charge to the District in the
amount of $35.00 per hour or portion thereof that the turf field is used by City or
City Third Party Users ( "Use Fee "). The Use Fee shall not apply to days cancelled
due to inclement weather.
b. City shall pay an estimated Use Fee each year no later than July 1 based on the
estimated use level expected between July 1 and the following June 30. The
estimated Use Fee shall include a credit for any excess payments made for the prior
year and shall include an additional payment for the amount of any charges incurred
beyond the estimate for the prior year.
6. Legal Responsibility/Insurance.
a. a. City and District agree to indemnify, defend and hold harmless the other party
and its respective trustees or directors, agents, officers, employees, governing
boards and board members from and against any and all claims, demand, lawsuits or
other proceedings, bodily injury, property damages, personal injury and other
liabilities and damages, including attorney's fees and costs, arising out of the
indemnifying party's alleged or actual omission, act or negligence in the
performance or failure to perform its obligations under this Agreement. The
indemnity, defense and hold harmless obligations herein set forth shall survive the
termination of this Agreement for any alleged or actual omission, act or negligence
in the performance or failure to perform its obligations under this Agreement that
occurred during the term of this Agreement.
b. Each party shall maintain comprehensive general liability or self - insurance with
limits of not less than two million dollars ($2,000,000) combined single limit for
bodily injury and property damages, written on an occurrence basis which insurance
shall be primary for any acts or omissions of the insured party and/or its officers,
employees, agents, governing board and board members. District and City shall
provide each other with Certificates of Insurance, naming the other as additional
005175.00001/105635v2 {sR041955.noC)Page 3 of 6
insured under their respective policies or self - insurance to the extent that the
conduct giving rise to the claim is the responsibility of the other party under the
terms of this Agreement. Each Party shall promptly notify the other of any claim or
of any occurrence which the Party reasonably believes may give rise to a claim
against either Party arising out of the administration or management of the facilities
or the programs conducted by City at the property described in Exhibit A.
7. Contract Administration.
a. This Agreement shall be administered on behalf of City by the Public Works
Director.
b. This Agreement shall be administered on behalf of District by the Assistant
Superintendent, Business Services.
8. Termination. The District may terminate this agreement after 60 days' notice if the
District determines, in its sole discretion, at any time during the term of the agreement
if the Use Area, or any part of it, is needed for District activities. District may also
terminate this agreement in the event of a material breach by City which breach has not
been cured by City within 90 days of notice from District of the breach. At the end of
the first year only, District may terminate for any reason whatsoever by giving 60 days
written notice to City prior to the end of the first year of the agreement.
9. Notices. All notices or communication concerning a party's compliance with the terms
of this Agreement shall be in writing and may be given either personally, by certified
mail, return receipt requested, or by overnight express carrier directed to the address
specified below. The notice shall be deemed to have been given and received on the
date delivered in person or the date upon which the postal authority or overnight express
carver indicates that the mailing was delivered to the address of the receiving Party.
Notices to City shall be sent to:
John Cherbone
Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868 -1241
Fax: (408) 868-1281
With a copy to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868 -1269
Fax: (408)868-8559
00517 5.00001/105635v2 {sR041955.DOC)Page 4 of 6
Notices to District shall be sent to:
Campbell Union High School District
Assistant Superintendent, Business Services
3235 Union Avenue
San Jose, CA 95070
Phone: (408) 371 -0960
10. Successors and assigns. City shall not assign any of its rights or obligations under this
Agreement without the express written authorization of the District. District approval
of Third Party Users pursuant to section 2.c of this Agreement shall satisfy this
requirement for the purposes of assigning rights of use to Third Party Users. This
Agreement shall inure to the benefit of and shall be binding upon the successors and
assigns of the parties hereto.
11. Integration. This Agreement is intended by the Parties as the final expression of their
agreement with respect to such terms as are included herein and as complete and
exclusive statement of its terms and may not be contradicted by evidence of any prior
agreement or of a contemporaneous oral agreement, nor explained or supplemented by
evidence of consistent additional terms.
12. Amendments. This Agreement cannot be changed or supplemented orally and may be
modified or superseded only by written instrument executed by both parties.
13. Interpretation. Each of the Parties acknowledges and agrees that this Agreement is an
accord and satisfaction to be construed as a whole according to its fair meaning and not
in favor of nor against any of the Parties as draftsman or otherwise.
14. Forum. Any action or proceeding seeking any relief under or with respect to this
Agreement shall be brought solely in Superior Court of the State of California, County
of Santa Clara.
15. Choice of Law. This Agreement shall be governed by and interpreted under the laws of
California applicable to instruments, persons, transactions and subject matter which
have legal contacts and relationships exclusively within the State of California.
16. Counterparts. This Agreement may be executed in counterparts, each of which shall
constitute an original of the Agreement. Facsimile signature pages transmitted to other
Parties to this Agreement shall be deemed equivalent to original signatures on
counterparts.
17. Governing Board Approval or Ratification. This Agreement will become binding
and effective only upon approval or ratification by the District's Governing Board.
18. Authority. Each signatory hereto hereby represents and warrants that he or she is duly
authorized to enter this Agreement on behalf of the entity to be bound by this
Agreement.
005175.00001/105635x2 tSR041955.DOC)Page 5 of
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last
signed below.
DATED:
117111/3
DATED:
005175.00001/105635v2
CAMPBELL UNION HIGH SCHOOL
DISTRICT
IN
CITY OF SARATOGA
M
Dave Anderson, City Manager
APPROVED AS TO FORM:
RICHARD S. TAYLOR
Attorney for City of Saratoga
(sR041955.DOC) Page 6 of 6
�1Y 11 IL
PROSPECT HIGH SCHOOL USEAGE MATRIX
April
Mav
Jena
JVI,i
AequSt
September
October
November
December
Janua February
March
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srtd U,wjthi is
smtlwlthi fjs
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slrrq Owlh�,fis
sm t'. w,th f.s
sim ilwlRfs sm twrthlha
smi with, fs
s, m l,wih fs
sm
800 AM
8'.30 A.M.
9:00 A M.
9.30 A. M.
10:00 A.M.
10 -.30 A.M.
_
-
-
11:00 A.M.
-
-
1130 A.M.
-
1.200 P. M.
-
1230 P.M.
-
1.D0 P.M.
1 -.30 P.M.
-
2 00 M
P. M.
GPM
GPM
400PM
-
-
430 P.M.
5:00 P.M.
5'.30 P.M.
6:00 P. M.
_
-
_
6'.30
-
200 P.M.
7'.30
8'.30 P.M I I
LEGEND:
= CITY USE
■ = SCHOOL USE
GAMES OR PRACTICES NOT SHOWN ABOVE SHALL BE DETERMINED CASE BY CASE BASED ON AVAILABILITY.
NOTE: SCHEDULED USE OF SCHOOL PLAY FIELDS FOR ADDITIONAL
Attachment B
PROSPECT HIGH SCHOOL SPRING 2007
YOUTH SPORTS SCHEDULE
Code Enforcement: Jana Rinaldi - 857 -6539
Public Works: John Cherbone - 393 -1523
Total Hours = 146
School Ad Hoc: Mayor Aileen Kao - 799 -2998
Council Member - Kathleen King - 605 -5251
Attachment "C"
Service Charge for Use of Prospect High School Turf Field
Spring 2007
West Valley Lacrosse Club
Base Cost: 32 hours @ $35.00/hour = $1,120
• City Labor Costs: 10 hrs @ $34.00 x (32/146) = $75
• Restroom/Wash Basin Rental: (6 months @ $160 /month) x (32/146) = 210
Total Field Rental Cost = $1,405
• Administrative Costs: 5 hrs @ $59.00 = 295
Total Cost Spring 2007 = $1,70
Attachment 3
JOINT USE AGREEMENT BETWEEN THE CITY OF S
CAMPBELL UNION HIGH SCHOOL DIS,,.,. ,
THIS AGREEMENT, dated a-l`1'Mbcc 2_0,? fXXn ( "Effective Date ") by and between
THE CITY OF SARATOGA, a municipal corporation ( "City "), and CAMPBELL UNION HIGH
SCHOOL DISTRICT, ( "District "), is made with reference to the following facts:
A. Whereas, the District is owner of an educational facility, located on Prospect Road,
known as Prospect High School ( "the High School "), in which the District has constructed facilities,
including a turf field and parking areas that are the subject of this agreement and shown on Exhibit "A"
(collectively "Use Area ").
B. Whereas, by entering into this Agreement, the community will benefit by having access
to the Use Area for City organized events, and the District will benefit by the City sharing in costs of
the Use Area.
C. Whereas, the City and District desire to execute this Agreement to establish their
respective rights and obligations concerning the use and maintenance of the Use Area as expressly
permitted by Education Code section 10900 et seq.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Term of Agreement. This Agreement shall become effective upon execution by the
parties for an initial term of two (2) years and may be renewed on the same conditions
for five additional one -year terns.
2. Time and Terms of Use.
a. During the term of this Agreement the City shall have the right to use the Use Area
shown on Exhibit A on the days and times shown on Exhibit B ( "Use Periods ") and
at such other days and times as may be mutually agreed upon by District and City,
as long as such City use does not interfere with use by the District of the Use Area.
b. Within 30 days of the Effective Date of this Agreement and by June 1 st of each year
after, the City shall inform the District as to (a) the anticipated specific starting and
ending dates of its use of the Use Area and (b) the schedule for games and practices
during the Use Periods shown on Exhibit B. Such notice shall be furnished by the
'- tutu City at least thirty (30) days prior to the commencement of the Use Period and shall
�n Cr
o be adopted unless the City scheduled use of the Use Area interferes with the
Z o co
z District's use of these facilities. If the City proposes Use Periods in addition to
n ^ n those shown on Exhibit B, the City and District shall memorialize their agreement
on mutually agreeable dates in the form of a letter agreement signed by the City
Public Works Director (or the Director's designee) on behalf of the City and the
Assistant Superintendent of Business Services or designee.
c. During Use Periods the City shall be entitled to the exclusive use of the turf field
and shared use of the parking areas. Use of the parking area shall be subject to
005175.00001/105635x2 tsa041955.DOCIPage 1 of
regular parking regulations. At all other times, the Use Area shall remain open for
use by the District. City may authorize use of the Use Area pursuant to this
Agreement by third parties ( "Third Party Users ") in a manner consistent with the
Civic Center Act (Educ. Code § 38130 et seq.), operating pursuant to a City permit
or agreement only if such use by Third Party Users is scheduled by the City in
Exhibit B and approved by Assistant Superintendent of Business Services or
designee. Any permit or agreement between City and Third Party Users related to
the Use Area shall incorporate the terms and obligations of the City in this
Agreement. City and District agree that use of the Use Area by organized youth
sports groups such as AYSO, CYSA and is consistent with the Civic
Center Act.
3. Responsibilities of City. City shall:
a. Monitor High School grounds via periodic patrols by County Sheriffs and City of
Saratoga Code Enforcement.
b. Ensure Third Party Users follow appropriate turf field maintenance practices
including:
i. Prohibition of all liquids on the artificial turf field and track with the
exception of drinking water.
ii. No food of any kind on the artificial turf field and track.
iii. District's Administrative Regulation (AR) 7112 Care of Facilities
iv. District's AR 3513.2 Parking
V. Other appropriate District and City Regulations
c. Issue an encroachment permit to District for maintenance access to District property
from City owned right -of -way at San Palo Ct.
d. Provide portable restroom facilities (including scheduled sanitation service) for use
by City and Third Party Users. City shall lock these restroom facilities following
each use of the Use Area and unlock the restroom facilities at the commencement of
each use unless otherwise directed by the District. Location of the portable restroom
facilities shall be approved by the High School Principal before installation.
e. Clean up litter and debris after each use of the Use Area and deposit of all garbage
in District trash containers located at the play fields.
f Field use monitoring at regular intervals during use periods.
g. Unauthorized use of the Use Area by City or Third Party Users may result in a
penalty as follows:
ls` Penalty during season: No use of the Use Area for one week.
2 "d Penalty during season: No use of the Use Area for one month.
3`a Penalty during season: No use of the Use Area for the
remainder of the season.
005175.00001/105635v2 (se041955.DOC)Page 2 of 6
4. Responsibilities of District. District shall:
a. Remove trash from the trash containers located at the turf field and clean up any
litter and debris on turf field preceding use of turf field by City.
b. Attend a pre- season meeting with City for a preseason inspection of the turf field at
least 30 days prior to the beginning of the Use Period.
c. Provide routine maintenance of the Use Area. Nothing in this Agreement requires
the District to provide a new or upgraded turf field or parking areas. The parties
understand that the Use Area is subject to normal wear and tear.
5. Service charge.
a. In consideration for the use of the turf field and the inkind value of maintenance
assistance by the District, the City shall pay a service charge to the District in the
amount of $35.00 per hour or portion thereof that the turf field is used by City or
City Third Party Users ( "Use Fee "). The Use Fee shall not apply to days cancelled
due to inclement weather.
b. City shall pay an estimated Use Fee each year no later than July 1 based on the
estimated use level expected between July 1 and the following June 30. The
estimated Use Fee shall include a credit for any excess payments made for the prior
year and shall include an additional payment for the amount of any charges incurred
beyond the estimate for the prior year.
6. Legal Responsibility/Insurance.
a. a. City and District agree to indemnify, defend and hold harmless the other party
and its respective trustees or directors, agents, officers, employees, governing
boards and board members from and against any and all claims, demand, lawsuits or
other proceedings, bodily injury, property damages, personal injury and other
liabilities and damages, including attorney's fees and costs, arising out of the
indemnifying party's alleged or actual omission, act or negligence in the
perfonnance or failure to perform its obligations under this Agreement. The
indemnity, defense and hold harmless obligations herein set forth shall survive the
termination of this Agreement for any alleged or actual omission, act or negligence
in the performance or failure to perform its obligations under this Agreement that
occurred during the tern of this Agreement.
b. Each party shall maintain comprehensive general liability or self - insurance with
limits of not less than two million dollars ($2,000,000) combined single limit for
bodily injury and property damages, written on an occurrence basis which insurance
shall be primary for any acts or omissions of the insured party and/or its officers,
employees, agents, governing board and board members. District and City shall
provide each other with Certificates of Insurance, naming the other as additional
insured under their respective policies or self - insurance to the extent that the
conduct giving rise to the claim is the responsibility of the other party under the
terms of this Agreement. Each Party shall promptly notify the other of any claim or
005175.00001/105635x2 {sR041955.DOC)Page 3 of 6
of any occurrence which the Party reasonably believes may give rise to a claim
against either Party arising out of the administration or management of the facilities
or the programs conducted by City at the property described in Exhibit A.
Contract Administration.
a. This Agreement shall be administered on behalf of City by the Public Works
Director.
b. This Agreement shall be administered on behalf of District by the Assistant
Superintendent, Business Services.
8. Termination. The District may terminate this agreement after 60 days' notice if the
District determines, in its sole discretion, at any time during the term of the agreement
if the Use Area, or any part of it, is needed for District activities. District may also
terminate this agreement in the event of a material breach by City which breach has not
been cured by City within 90 days of notice from District of the breach. At the end of
the first year only, District may terminate for any reason whatsoever by giving 60 days
written notice to City prior to the end of the first year of the agreement.
9. Notices. All notices or communication concerning a party's compliance with the terms
of this Agreement shall be in writing and may be given either personally, by certified
mail, return receipt requested, or by overnight express carrier directed to the address
specified below. 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.
Notices to City shall be sent to:
John Cherbone
Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868 -1241
Fax: (408) 868-1281
With a copy to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868 -1269
Fax: (408)868-8559
Notices to District shall be sent to:
Campbell Union High School District
005175.00001/105635x2 isR041955.DOC]Page 4 of 6
Assistant Superintendent, Business Services
3235 Union Avenue
San Jose, CA 95070
Phone: (408) 371 -0960
10. Successors and assigns. City shall not assign any of its rights or obligations under this
Agreement without the express written authorization of the District. District approval
of Third Party Users pursuant to section 2.c of this Agreement shall satisfy this
requirement for the purposes of assigning rights of use to Third Party Users. This
Agreement shall inure to the benefit of and shall be binding upon the successors and
assigns of the parties hereto.
11. Integration. This Agreement is intended by the Parties as the final expression of their
agreement with respect to such terms as are included herein and as complete and
exclusive statement of its terms and may not be contradicted by evidence of any prior
agreement or of a contemporaneous oral agreement, nor explained or supplemented by
evidence of consistent additional terms.
12. Amendments. This Agreement cannot be changed or supplemented orally and maybe
modified or superseded only by written instrument executed by both parties.
13. Interpretation. Each of the Parties acknowledges and agrees that this Agreement is an
accord and satisfaction to be construed as a whole according to its fair meaning and not
in favor of nor against any of the Parties as draftsman or otherwise.
14. Forum. Any action or proceeding seeking any relief under or with respect to this
Agreement shall be brought solely in Superior Court of the State of California, County
of Santa Clara.
15. Choice of Law. This Agreement shall be governed by and interpreted under the laws of
California applicable to instruments, persons, transactions and subject matter which
have legal contacts and relationships exclusively within the State of California.
16. Counterparts. This Agreement may be executed in counterparts, each of which shall
constitute an original of the Agreement. Facsimile signature pages transmitted to other
Parties to this Agreement shall be deemed equivalent to original signatures on
counterparts.
17. Governing Board Approval or Ratification. This Agreement will become binding
and effective only upon approval or ratification by the District's Governing Board.
18. Authority. Each signatory hereto hereby represents and warrants that he or she is duly
authorized to enter this Agreement on behalf of the entity to be bound by this
Agreement.
005175.00001/105635v2 iSR041955.DOC}Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last
signed below.
CAMPBELL UNION HI SCHOOL
DISTRICT
DATED: / 3V a By:
CITY OF SARATOGA
DATED: 1-30 -?-007 By;
Dave Anderson, City Manager
APPROVED AS TO FORM.-
DATED: l Z T - D-7- —
RICHARD S. TAYLOR
Attorney for City of Saratoga
005175.00001/105635x2 {SR041955.DOC)Page 6 of 6
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Attachment 4
Attachment "C"
Service Charge for Use of Prospect High School Turf Field
Spring 2007
AYSO
• Base Cost: 26 hours Cai S35.00/hour = $910
• Cm Labor Costs:
10 hrs Cy; $34.00 x (26/146) _ $61
Restroom /Wash Basin Rental: 6 months C Sl60hnonth x (26/146) _ $171
Total Field Rental Cost = $1,142
Adminisuativc Costs: 5 hrs (� 559.00= S295
Total Cost Spring 2007 = $1,437
Attachment "C"
Service Charge for Use of Prospect High School Turf Field
• Base Cost:
Spring 2007
CYSA
88 hours @ $35.00 1hour = $3,080
Cite Labor Costs:
10 hrs Cc i $34.00 x (88/146)
=
$205
Restroom /Wash Basin Rcntal: 6
months @ $160 /month x (88/146)
=
S579
Total Field Rental Cost= $3,864
• Administrative Costs: 5 hrs Cu 559.00 = 295
Total Cost Spring 2007 = $4,159
Attachment "C"
Service Charge for Use of Prospect High School Turf Field
Spring 2007
Nest Valley lacrosse Club
• Base Cost: 32 howl (r' S35.00 /hour = $1,120
« Ot% Labor Costs: 10 hrs @ $34.00 x (32/146) _ $75
« Rcstroom /Wash Basin Rcntal: (6 months (u% $160 /month) x (32/146) = 21 0
Total Field Rental Cost = S1,405
Administrative Costs: 5 hrs (a., $59.00 = $295
Total Cost Spring 2007 = $1,70
SARATOGA CITY COUNCIL
N1EI,'IING DATE: April 5, 2006
ORIGINATING DFP": CitvManager's Office
PIZF P xRED Br.-
Cathleen Bover, Citv Clerk
AGENDA ITEM: V M
CITY MANAGER: 6� .✓ — --
DEPT HEAD:
Dave Anderson, City Manager
St''BJE( T: Resolution Opposing Proposed Statewide Legislation SB 49
RE( ONIMF:NDED ACTION:
)doh; n soluiioo.
REPORT S1'MM.ARY:
fhc ( in of Santa Clara is requesting that the mayors and city councils of the 15 cities in Santa
Clara C"uu \ adopt the attached resolution opposing SB 49. The City is also requesting that all
maWl and cutV councils sign a letter publicly showing their support to support the 49ers building
a Alld tun m Santa Clara County.
I he 49e1s :uc opposed to Migden's Senate Bill 49 because this legislation would create a 100
nude - "no 49ers- stadium zone" throughout the Bay Area forcing the 49ers to build a stadium
outside of their market and outside of the Bay Area. if this legislation is passed the 49ers could
he lot:cd to build a new stadium outside of California.
I he aituchcd resolution states that the City of Saratoga opposes the proposed statewide
Iczislarion (SB 49)
FISC_kl IMPACTS:
CONSF.QUEN'CES OF NOT FOLLOWING RECOMMENDED ACTION:
AL UER.NATIN'E ACTION:
( ouneif � an ehoosc not to adopt the resolution of opposition.
FOLI ONN LP A('TION:
Send (Lm fled copy of resolution to Jeff Porto Jr. Associate, Catapult Strategies, 300 South
1 st St. Stc. 340 San ,lose, CA 95113
MVERl'ISING, NOTICING AND PUBLIC CONTACT:
Yostin,. (,[ the agenda according to the Brown Act.
1'1'ACI►SIENTS:
Utachunnt A SB 49 hill literature,
Vnachmcnt B 49crs press release in opposition to SB 49,
attachment C Talking points in opposition to SB 49,
Alta.hmcnt D Resolution opposing SB49
SENATL BILL No. 49
Introduced by Senator Migden
January 3, 2007
An aci to add Section 53034.5 to the Government Code, and to add
Section 33426.x' to the Health and Safety Code, relating to local
I10ccrnmcrt.
u- aisrAI IVF couNSeL'S incesr
S13 49. as introduced. Migden. Local government: financial assistance:
sport; fruwhises
[[listing law prohibits a local agency or redevelopment agency from
prop iding on form offinancial assistance to specified business entities
hen a hu >iness cotity is relocating from the territorial jurisdiction of
one local agency to another within the same market area, as specified.
I his hill ,could prohibit a local agency or redevelopment agency from
prodding (financial assistance to a sports stadium project that involves
the relocation of a professional sports franchise from the territorial
m indiction of one local agency to another within the same market area,
as sprciticc. The hill would provide that this prohibition does not apply
tO local agL ncv assistance in the construction of public improvements
that ,crye gill or a portion of the jurisdiction of the local agency, as
speciled- end would provide the home local agency, as defined, the
I to assert a violation of these provisions as a claim or defense in
Judicial proceedings.
Votc: nrijorit} Appropriation: no. Fiscal committee: no.
State- mtuuiuted local program: no.
99
SB 49
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Thr?u rvplc )I the State oJCalijorma do enact as /o loos.
SR LION I. Section 53084.5 is added to the Government
C odc. to read:
5;081.5. (a) Notwithstanding any other provision of law,
eycept as prncided in subdivision (b), a local agency shall not
provide any time of financial assistance to a sports stadium projcct
that imohes a professional sports franchise relocating from the
territorial jurisdiction of a home local agency to the territorial
jurisdiction of another local agency but within the same market
area.
(b) This section shall not apply to local agency assistance in the
eOmsirwCtion of public improvements that serve all or a portion of
the jurisdiction of the local agency, that provide significant
aunnuutit hencfits to are area larger than the site of the sports
stadium project, and that are not required to be constructed as a
condition of developing the sports stadium project. This section
shall not prohibit assistance in the construction of public
improvements that are being constructed for a development other
than the spores stadium project.
let The home local agency shall have the right to assert a
violation of this section as a claim or defense in a judicial
proceeding and obtain injunctive, declaratory, or other appropriate
relief to enforce this section.
(di As used in this section:
(I 1 'Financial assistance" includes, but is not limited to, any of
the followinp.
(.A ) Am bonds or other forms of indebtedness, including, but
not limited to, any tax allocation bonds or any other provision of
las increment. whether on a pay -as- you -go basis or otherwise.
(B) '+m loans, grants, subsidies, guaranties, or payments for
anv costs of the sports stadium projcct or the use of the sports
stadium
-
(c ]case or license of real property, or an interest in real
property_ at Icss than its fair market value, including, but not limited
to. anv -ent credits or free rent period.
(D) -vm sa le or other conveyance of real property, or an interest
in real property, at Tess than the fair market value.
(E) Am tax incentive, including, but not limited lo, tax
e.Nempoons, credits, rebates, reductions, or moratoria, including
99
— 3 SB 49
I ury payment based on the amount of taxes generated by the sports
stadium diu project.
1`) Am acquisition of real property or any interest in real
4 property to facilitate the assembly of the site for the sports stadium
project. including any acquisition, by voluntary sale or otherwise,
6 %aith public funds or with funds provided by the professional sports
tranchise or any of its development partners.
(6) Inv paYmcnt for, or forgiveness of, or reduction in fees.
9 (11) riny approval to provide for tax - exempt financing of any
10 part oh the ,ports stadium project, including, but not limited to,
I I any honds icated by or recognized under any provision of the
I'_ Imcmal Rcvcnuc Code that allow private entities to use the
13 proceeds of tax - exempt bonds, such as industrial development
14 1)011&, orany other economic development conduit revenue bonds.
1 s (1 i 'sm other form of direct or indirect financial assistance to
14 the professional sports franchise, any of its developer partners, or
17 ;un of their alfiliates, contractors, or agents in connection with the
I ports stadium project.
1 (2) `Monte local agency' means the local agency that has
20 jurisdiction over icnitory in which there is a sports stadium that
2 1 the professional sports franchise has played its home games in for
2 more than 30 years and where the professional sports franchise
2 has mcorporated the name of the home local agency in the name
2 I h_v r+hich the franchise is commonly known.
(31 'Local agency' means a chartered or general law city, a
20 chartered or eeneral law county, or a city and county. "Local
22— agency' does not include a redevelopment agency that is subject
to Section 33426.8 of the Health and Safety Code.
?�t (4 Alarket area" means either (i) a geographic area that is
311 rccogniicd by the National Football League as the territory for a
processional sports franchise or (it) any other larger geographic
area that is described in publications of bond rating agencies or
independent and reputable sports market research organizations
4 as the relevant market for the professional sports franchise. A
3 s "market area" shall not extend further than 100 miles, as measured
31) 1) v the most reasonable route on roads between two points, starting
from the sports stadium from which the professional sports
3� Iramlitse is relocating and ending at the facility outside the home
3�+ local ;tecncy to which the professional sports franchise is
40 relocating.
99
SB 49
—4—
�1 profcssional sports franchise' means a franchise or other
emity operated for the exhibition of National Football League
3 �,Lunc, ind any affiliate organized to develop or operate a sports
4 stadium.
6) "Relocating means the termination of exhibitions of home
6 games by a professional sports franchise in a sports stadium in the
tcrritory of the home local agency and the commencement of
9
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perfunnanccs of home games by a professional sports franchise
in another spurts stadium located outside the territory ofthe home
local agency and developed as part of a sports stadium project.
7) 'Spurts stadium" means a stadium, arena, pavilion, or other
structure or building used for holding professional athletic events.
18) `Sports stadium project' means the proposed construction,
improvement. renovation, development, entitlement, site assembly,
operation. minuenance, repair, use, management, or financing of
a ,ports aIAium or any related uses outside of the home local
agency. including, without limitation, any residential, commercial,
parking open ,pace, and other uses developed in connection with
the spore stadium regardless of whether these uses are located in
the vicinit% of the sports stadium, and any infrastructure proposed
to be Lie%;clopcd in connection with a sports stadium orotherrelated
uses. ittc luding, without limitation, highways, interchanges, ramps,
streets, and other transportation and transit improvements, utilities,
parks. recreational facilities, and open space.
SEC- 2. Section 33426.8 is added to the health and Safety
code, to read
33426.8 (a) Notwithstanding any other provision of law,
ezccpt as provided in subdivision (b), a redevelopment agency
shall not provide any form of financial assistance to a sports
stadium project that involves a professional sports franchise
rclocaung Isom the territorial jurisdiction of one local agency to
the tcritorial jurisdiction of another local agency but within the
sane market area.
ib) This section shall not apply ifthe governing legislative body
of the community from which the professional sports franchise is
relocating adopts a resolution declaring that the community does
not object to the relocation.
cl Tiac honk local agency shall have the right to assert a
ciolaeon of this section as a claim or defense in a judicial
99
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SB 49
proceeding and obtain injunctive, declaratory or other appropriate
I elief to enforce this section.
(d) As used in this section:
t I I I 'Community" has the same meaning as specified in Section
33002.
(l (21 ,1-crritorial jurisdiction's has the meaning as specified in
Section 33130.
i 'Financial assistance" includes, but is not limited to, any of
u the Iollowina:
1 U (A) Am honds or other forms of indebtedness, including, but
not limited to, any tax allocation bonds or any other provision of
fax increment, whether on a pay -as- you -go basis or otherwise.
(R) -Any loans. grants, subsidies, guaranties, or payments for
any costs of the sports stadium project or the use of the sports
I � s[adiuni-
I (C) Amy lease or license of real property, or an interest in real
1 - propcnp. at Icss than its fair market value, including, but not limited
I S to, ety rent credits or frec rent period.
I o (D) Any sale or other conveyance of real property, or an interest
�0 in real pi opcm% at less than the fair market value.
21 G', Am, tax incentive, including, but not limited to, tax
?� c\enipiiions. credits, rebates, reductions, or moratoria, including
any pay. meat based on the. amount of taxes generated by the sports
24 stadium project.
,5 IF) ;yny acquisition of real property or any interest in real
?h property to fitcilitate the assembly of the site for the sports stadium
project, including any acquisition, by voluntary sale or otherwise,
2R �+ith pt_blic 1Lnds or with funds provided by the professional sports
_'9 (tanchise or any of its development partners.
30 (G Anv payment for, or forgiveness of, or reduction in fees.
I ( I I t Anv upproaal to provide for tax - exempt financing of any
32 part of the sports stadium project, including, but not limited to,
an honds created by or recognized under any provision of the
,4 Intunal Revenue Code that allow private entities to use the
3� proceeds of tax - exempt bonds, such as industrial development
6 honds or any other economic development conduit revenue bonds.
(I) Any other form of direct or indirect financial assistance to
38 the piolcssional sports franchise, any of its developer partners, or
?9 ;my of their affiliates. contractors, or agents in connection with the
40 sport, >Iadiunt project.
99
SB 49 b
1-1) llomc local agency' means the local agency that has
jurisdiction over territory in which there is a sports stadium that
3 the sports franchise has played its hone games in for
4 more than 30 Vcars and where the professional sports franchise
5 has incoiporated the name of the home local agency in the name
6 bN which the Iranchise is commonly known.
i "Local agency" means a chartered or general law city, a
ti chartered or gencrat law county, or a city and county.
o 16o -Markct area' means either (i) a geographic area that is
lo rerugni, rd b% the National Football League as the territory for a
I I professional sports franchise or (ii) any other larger geographic
12 arca that is described in publications of bond rating agencies or
13 independent and reputable sports market research organizations
14 as the relevant market for the professional sports franchise. A
I � "market arca` shall not extend further than 100 miles, as measured
16 by the most reasonable route on roads between two points, starting
I? from the sports stadium from which the professional sports
18 francbise is relocating and ending at the facility outside the home
19 local agency to which the professional sports franchise is
20 rclocatins?.
°Proics,ional sports franchise'" means a franchise or other
cntitc orcratcd for the exhibition of National Football League
?3 Lanes, and anv affiliate organized to develop or operate a sports
'4 stadium
(R) °Relocatirig" means the termination of exhibitions of home
,d Lames by a professional sports franchise in a sports stadium in the
'7 tcnitory of the home local agency and the commencement of
?R performances of home games by a professional sports franchise
?9 in another sports stadium located outside the territory of the home
?0 local agency and developed as part of a sports stadium project.
(9) 'Sports stadium" means a stadium, arena, pavilion, or other
L structuresor bill ldings used for holding professional athletic events.
3 110) 'Sports stadium project" the proposed construction,
34 improvement, rcnoaation, development, entitlement, site assembly,
operation, maintenance, repair. use, management, or financing of
36 a .ports stadium or any related uses outside of the home local
t-
agcnc\ . including, without limitation, any residential, commercial,
3B parking. open space, and other uses developed in connection with
l9 the spori� stadium regardless of whether these uses are located in
4(1 thr y icinit} of the sports stadium, and any infrastructure proposed
99
-7— SB49
I to be t e% doped in connection with it sports stadium or other related
LISCL" including, without limitation, highways, interchanges, ramps,
'uccts, and othei transportation and transit improvctnents, utilities,
I parks, recreational facilities, and open space.
SF(_ ". (a) The Legislature finds and declares that the
prm ision of financial assistance by local agencies and community
redo%clopnunt agencies to relocate professional sports franchises
� liom one community to another community results in the loss oh
) public funds available for public purposes, impedes the
10 implcnicntation of sound land use and economic development
I1 planning. encourages unfair economic competition among
1' communities. and does not result in public benefits to the people
1 ; of the state.
I J (b) The Legislature further finds and declares that promoting
I � regional economic stability by limiting financial assistance to
!(I thcilitatc the relocation of professional sports franchises is an issue
1 of suttcwide concern and not a municipal affair. The Legislature
lurthcr finds that competition among public agencies to locate a
protcssional sports franchise distorts rational decisionmaking about
?i I ho\� to allocate scarce public resources in the best interests of the
?! %ariou< regions of the state. Therefore, it is necessary that the
2 provisions of this act apply to all cities, counties, and cities and
�? counties.
O
99
Talking points:
Why the 49ers want to stay in the Bay Area:
fhc 49ers are committed to staying in the Bay Area where their organization has been
�incc its founding in 1946.
fhe 4'Icrs have played in the Bay Area for 60 years and want to continue to stay here.
-he 4')ers arc an asset to the entire Bay Area.
Wit) the 49ers want to build their new stadium in Santa Clara:
lie 4vers have had many attempts at trying to build a new stadium in San Francisco but
the ncuotiations have failed.
hhc city of Santa Clara is an excellent opportunity to build the new 49ers stadium
becatae It �\ ould keep the team in the Bay Area and the site fulfills transportation,
nfrastructure, parking and came day experience (tailgating) recommendations outlined
by the team.
Che cil\ of Santa Clara has already been the headquarters and practice facilities for the
49ers liar two decades.
he 49ers wcndd like to have their stadium and headquarters in the same location
A new stadium in Santa Clara �Nill bring economic, social and recreational benefits to the
entire South Bay -
XVhy the 49ers are opposed to Migden's Senate Bill 49
The icaislation NN ill create a 100 mile - "no 49ers - stadium zone" throughout the Bay Area
forcme the 49ers to build a stadium outside of their market and outside of the Bay Area.
If this legislation is passed the 49ers could be Iorced to build a new stadium outside of
California.
Ho%% SB 49, if passed, will affect the Bay Area and more exclusively the South Bay.
Ilie S.inta Clara City Council recent approval to work with the 49ers to do an economic
leas,bility study on building a new stadium in Santa Clara would not be carried out.
The nev% stadium will not be built in the city of Santa Clara.
the 49ers will be forced to build a new stadium outside of the Bay Area.
The entire Bay Area loses economic, social and recreational benefits. In addition, the
entire Ba-% Area loses the 49crs as a regional asset including San Francisco.
The South Rav loses the excellent opportunity for increased economic development, jobs
and recreational and social enjoyment.
The 49ers request your help to defeat SB 49
l -he 49crs are seeking local and regional opposition to SB 49.
the 49crs Nv ant those opposed to SB 49 to speak publicly about their opposition to this
Icttislation.
I he 49ers request local South Bay governments to work together and with the 49ers to
defeat SB 49.
SAN Lk- �Ncist o 49l AND STATE SENATOR ALQUIST ANNOUNCE OPPOSrrloN To
SENATOR CAROLS IN11G]l SB 49
L mould create 100 -mile "no- 49ers- stadium zone " throughout the Bay Area
Contact
Steve Fine
Steve. Fine @N iners.NFL.Net
(408) 595 -2009
For Immediate Release
January 3, 2007
Santa Clara. CA — The San Francisco 49ers today announced their strong opposition to legislation
ntroduced in Sacramento by California State Senator Carole Migden.
The teams opposition was joined by California State Senator Elaine Alquist, who represents most of Silicon
Valley Her 13th Senate district covers the cities of San Jose, Sunnyvale, Santa Clara, Mountain View, and
Gilroy "The 49ers are a Bay Area team and an important regional asset. I strongly oppose this legislation
because it hurts our chances of keeping the team in the Bay Area."
The legislation, entitled SB 49, is designed to limit the team's ability to build a new stadium in the Bay Area
outside of the city limits of San Francisco. If passed, the legislation would make it virtually impossible for the
team to stay in the region.
The bill proposed by Migden would eliminate the opportunity for a Bay Area city other than San Francisco to
develop a public- private partnership with the 49ers, which is crucial to the team's ability to build a new
stadium. It would apply exclusively to the San Francisco 49ers by exempting other professional sports
leagues in the state and setting conditions that do not apply to other NFL teams.
lu effect, Senator Migden wants to draw a 100 -mile circle around San Francisco to legislate a'no- 49ers-
stadiurn zone,"' said Executive Vice President of Football Operations Lal Heneghan. "If passed, the
consequences of this legislation would be devastating for the 49ers and our fans throughout the Bay Area."
In Novembei, the team determined that a plan to build a new stadium and mixed -use development at San
Francisco Candlestick Point would create too many transportation and parking headaches for the fans due
to incompatible land requirements at the site and massive infrastructure deficiencies in the area. As a result,
the team decided riot to move forward with the public approval process for the project. In an effort to replace
its current stadium, 46- year -old Monster Park, the team announced It would shift its focus to the nearby City
of Santa Clara, which has served as the location of the 49ers' headquarters and practice facility for over two
decades
Cur stadium is currently located in San Francisco and our roots run deep in the City, but the San Francisco
49ers have always been a regional team and a regional asset," said Heneghan. More than 90 percent of the
team's season ticket holders live outside the City of San Francisco. 49ers players and staff live throughout
the Bay Area, and the team's community outreach and charitable programs are active throughout the region.
"Make no mistake, the social and economic benefits of the San Francisco 49ers are important to the entire
San Francisco Bay Area, not just the City of San Francisco."
Later this month, the team will speak before the Santa Clara City Council and seek to begin a feasibility
study with the City to explore the possibility of building a new stadium near the Santa Clara Convention
Center and the Great America amusement park. The location is served by multiple forms of public transit and
would offer easy access to fans from several freeways that connect throughout the Bay Area. Although the
49ers have stated that the site in Santa Clara will be its main focus, the team will continue to explore
potential back -up sites in San Francisco and throughout the region.
The 49ers intend to vigorously fight the legislation and seek its immediate withdrawal. "We hope civic leaders
from throughout the Bay Area will join us and our fans in opposing this legislation and work together with us
to create opportunities rather than roadblocks," said Heneghan.
For the atest updates visit www.49ers com.
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL
OF THECITY OF SARA "TOGA OPPOSING THE PROPOSED
STATENVIDE LEGISLATION (SB 49)
N1 IIERFAS, on January 3, 2007, State Senator Carole Migden introduced in the
Califorula State Senate proposed statewide legislation (SB 49) to prohibit a local agency or
redevelopment agency fi-0111 providing financial assistance to a sports stadium project that
mvol%es the relocation of a professional sports team franchise from the territorial jurisdiction of
one local aeencv to another within the same market area;
NN HERFAS the proposed statewide legislation is intended to preclude public- private
linancial assistance that includes but is not limited lo: bonds or other forms of indebtedness,
loans, rants. subsidies, guaranties, tax incentives, conveyance ofreal property, rebates, rent
credits ;Ind other forms ofdircct or indirect financial assistance to the professional sports
franchise any of its developer partners, or any of their affiliates, contractors, or agents in
onnection with a sports stadium project, and
NN'11EREAS the proposed statewide legislation is intended to apply specifically to a
fiauchise or other entity operated for the exhibition of National Football League games, and any
affiliate o gani /ed to develop or operate a sports stadium;
NN IIERF.AS the proposed statewide legislation's definition of "market area" is either a
geographic area that is recognized by the NFL as the territory for a professional sports franchise
up to I no miles or any other larger geographic area as the relevant market for the professional
sports franchise up to 100 miles, the real intent of said legislation is to specifically prohibit a
move by the San Francisco 49ers;
NN 11EREAS the San Francisco 49ers, an NFL franchise that has its headquarters and
team practices in the City of Santa Clara and currently plays its home games at Candlestick Park
in San Francisco, has publicly stated its interests in moving all of its operations outside of San
Francisco and is considering several Bay Area sites, including the City of Santa Clara;
NN 11ERF.AS the San Francisco 49ers, already an economic, social and recreational
henetit ibr all the cities in the Bay Area, by moving closer to San Jose could increase economic,
social and recreational benefits for our residents;
NN'1JERVAS the passage of SB49 would eliminate the ability of Saratoga and other
III unicipalitics to reap such benefits and would drive the San Francisco 49ers out of the Bay Area
�ntirck.
NONN', T11 FREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
wholl% opposes the proposed statewide legislation (SB 49) due to its deleterious effects on
Sarat '� "' . cconomv and quality of life and those of our neighboring cities and counties.
The above and foregoing resolution was approved and adopted by the City Council of the City of
Saratoga on the 7`h day of February 2007 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Aileen Kao, Mayor
ATTEST:
Cathleen Boyer, City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM: i
ORIGINATING DEPT: City Manager's ffice CITY MANAGER:
PREPARED BY: c -- 4 DEPT HEAD:
Cathleen Boyer, Jerk Dave Anderson, City Manager
SUBJECT: City Council Minutes — January 3, 2007
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting — January 3, 2007
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:
NZ A-3
ATTACHMENTS:
Attachment A — Minutes January 3, 2007
MINUTES
SARATOGA CITY COUNCIL
JANUARY 3, 2007
The City Council of the City of Saratoga held a Joint Session with the Heritage
Preservation Commisison (HPC) in the Administrative Conference Room, 13777
Fruitvale Avenue, at 5:30 p.m.
The following Heritage Preservation Commissioners were present: Joan Gomersall, Steve
Kellond, Chair Norm Koepemik, Bob Louden, Peter Marra, Rita McCarty, and Beth
Wyman.
Also present was Chuck Schoppe, President of the Historic Foundation.
The Commissioners discussed the following items:
Landmark and National Registry Plaques
Mustard Festival
Heritage Lanes /District
HPC members requested funding for the historic plaque program and requested that
Council agendize this item for discussion.
Mayor Kao directed staff to place this item on a future meeting to discus funding options.
In regards to the yearly monetary contribution the City makes towards the Mustard Walk,
City Council directed staff to include the funds in the next budget cycle.
Mayor Kao thanked the members of the HPC and Mr. Schoppe for attending tonight's
meeting.
Mayor Kao called the Regular City Council meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page,
Vice Mayor Ann Waltonsmith Mayor Aileen Kao,
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Sandra Sato, Interim Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 3, 2007
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of January 3, 2007, was properly posted on December 22,
2006.
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Cheriel Jensen invited everyone to join the new on -line newspaper, which is described as
an open forum of discussion and information. Mrs. Jensen reported that the email
address was wxvkv. sarato galetters. yahoo, com.
Marty Goldberg, spokesperson for Citizens for Parks Preservation, voiced a desire to
explore additional ways of resolving their concerns other than the initiative process.
Citizen Ray reported dead pines on Highway 9.
COUNCIL DIRECTION TO STAFF
In regards to Mr. Goldberg's comments Councilmember King requested an item be
agendize to discuss the proposed parks initiative.
Councilmember Page and Councilmember Hunter both concurred with Councilmember
King.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Chair Koepernik stated that prior to the City Council meeting the Heritage Preservation
Commission met with the City Council. Chair Koepernik briefly highlighted the
discussion and reminded everyone that the 6`h Annual Mustard Walk was on February 5,
2007.
COUNCIL DIRECTION TO STAFF
None
Councilmember King reminded everyone that Boy Scout Troop 535 would be holing an
E -Waste Recycling Event at the North Campus on January 5, 2007 from 9:00 a.m.
5:00 p.m.
Councilmember Hunter announced the 2nd Annual Village Fashion Show which is
scheduled for held on February 11, 2007 at the Foothill Club. Councilmember Hunter
noted that tickets could be purchased at most of the stores in the Village.
2
CEREMONIAL ITEMS
IA. COMMENDATION HONORING LOCAL HERO KEVIN DONOHOE
STAFF RECOMMENDATION:
Present commendation.
Mayor Kao read the commendation and presented it to Mr. Kevin Donohoe.
113. PROCLAMATION DECLARING THE MONTH OF JANUARY 2007
"VOLUNTEER BLOOD DONOR MONTH"
STAFF RECOMMENDATION:
Present proclamation.
Mayor Kao read the proclamation and presented it to Mona Helmhold representing
the American Red Cross.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2A. CHECK REGISTER FOR 11114106
STAFF RECOMMENDATION:
Accept check register.
WALTONSMITH/KING MOVED TO ACCEPT CHECK REGISTER FROM
11/14/06. MOTION PASSED 5 -0.
2B. CHECK REGISTER FOR 11128/06
STAFF RECOMMENDATION:
Accept check register.
WALTONSMITH/KING MOVED TO ACCEPT CHECK REGISTER FROM
11/28/06. MOTION PASSED 5 -0.
2C, SARATOGA - SUNNYVALE ROAD GATEWAY PROJECT- NOTICE OF
COMPLETION
STAFF RECOMMENDATION:
Accept Notice of Completion.
Councilmember King requested that this item be removed from the Consent
Calendar.
Councilmember King asked Director Cherbone to explain the various grant the
City received to fund this project.
Director Cherbone explained the various funding sources in which funded the
project 100 %.
KING /WALTONSMITH MOVED TO ACCEPT NOTICE OF
COMPLETION. MOTION PASSED 5 -0.
2D ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE ADDING
SECTION 11- 05.053 ALLOWING SIGNS IN CONGRESS SPRINGS PARK
STAFF RECOMMENDATION:
Adopt ordinance
ORDINANCE 248
WALTONSMITH/KING MOVED TO ADOPT ORDINANCE AMENDING
CHAPTER 11 OF THE CITY CODE ADDING SECTION 11- 05.053
ALLOWING SIGNS IN CONGRESS SPRINGS PARK. MOTION PASSED
5 -0.
2E BEAUCHAMPS PLAYGROUND EQUIPMENT REPLACEMENT
STAFF RECOMMENDATION:
Approve purchase of playground replacement equipment from Kompan, Inc. for
Beauchamps Park in the amount of $23,699.17.
WALTONSMITH/KING MOVED TO APPROVE PURCHASE OF
PLAYGROUND REPLACEMENT EQUIPMENT FROM KOMPAN, INC.
FOR BEAUCHAMPS PARK IN THE AMOUNT OF $23,699.17. MOTION
PASSED 5 -0.
2F SEVENTY FOOT (70') ANTENNA POLE FOR EMERGENCY RADIO
SYSTEMS — APPROVAL OF INDEPENDENT CONTRACTOR
AGREEMENT
STAFF RECOMMENDATION:
1. Move to declare Radian Communication Services of Vacaville to be the
lowest responsible bidder on the project.
2. Move to award an Independent Contractor Agreement with Radian
Communication Services in the amount of $19,371.53.
3. Move to authorize staff to execute change orders to the Agreement up to
$1,937.00.
RESOLUTION: 07 -006
Vice Mayor Waltonsmith requested that this item be removed from the Consent
Calendar and asked City Manager Anderson for an explanation of the purchase.
City Manager Anderson briefly highlighted the report and the reason for the
4
purchase.
WALTONSMITH/HUNTER MOVED TO ADOPT RESOLUTION
APPROVING AND AUTHORIZING EXECUTION OF AN INDEPENDENT
CONTRACTOR AGREEMENT BETWEEN THE CITY OF SARATOGA
AND RADIAN COMMUNICATION SERVICES. MOTION PASSED 5 -0.
PUBLIC HEARINGS
None
OLD BUSINESS
None
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
None
CITY COUNCIL ITEMS
Referring to her appointment on the Santa Clara County Cities Association
Councilmember King requested that the Mayor approve her appointment to also serve on
the Santa Clara County Cities Selection Committee.
Mayor Kao approved the appointment.
OTHER
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
There being no further business Mayor Kline adjourned the regular meeting at 8:00 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
SARATOGA CITY COUNCIL
AGENDA ITEM:
CITY MANAGER: O�L%
MEETING DATE: 02/07/07
ORIGINATING DEPT: Admin Svcs.
Rey Foro da
PREPARED BY:
SUBJECT:
DEPT HEAD:
Mary Fur y, Fi ce & A.S. Director
Check Register for 01/09/2007
RECOMMENDED ACTION:
That the City Council accepts the Check Register for 01/09/2007.
REPORT SUMMARY:
Attached is the Check Register for 01/09/2007. The checks were released on 01/10/2006. Payroll checks
w_ ere released on 12/21/06 and 01/04/2006. The prior Check Register for 12/19/2006 ended with check
tuber 103962
Type of Checks
Date
Starting
Check #
Ending
Check #
Total
Checks
Amount
Accounts Payable
01/09/07
103963
104058
96
$1,286,199.51
Payroll
12/21/06
32056
32073
18
$125,535.66
Payroll
01/04/07
32074
32112
39
$130,416.19
TOTAL $1,542,151.36
The following is a list of checks issued for more than $10,000.00 and a brief description of the expenditure:
Check #
Issued to
Fund
Dept
Purpose
Amount
103972
BNY Western Trust Co
Others
Admin Services
Bond Debt Service
$364,878.13
103979
City of Cupertino
General
City Council
TEA Success Fee
$15,000.00
103982
Cotton Shires and Assoc
Others
Public Works
Professional Srvcs
$11,000.00
103984
SCC - Sheriffs Office
General
City Manager
Sheriff Contract
$566,950.29
103985
SCC - Registrar of Voters
General
City Clerk
Election Costs
$32,889.00
103993
Fehr & Peers Associates
General
Public Works
Traffic/NTMP
$10,622.74
103997
Golden Bay Construction
Others
Public Works
Gateway Project
$19,601.53
104041
Shute, Mihaly & Weinberg
Various
Various
Legal Services
$96,038.97
104047
Union Pacific Railroad
Others
Public Works
Cox Railroad Proj
$70,135.98
The are no voided checks and manually issued checks during the period.
The following is a list of cash reduction by Fund:
Fund #
Fund Description
A/P Total
PR Total
Total
001
General
745,449.57
67,162.27
812,611.84
150
Streets & Roads
1,566.89
33,857.52
35,424.41
250
Development Services
5,311.47
103,078.35
108,389.82
260
Environmental Program SRF
16,101.95
10,785.01
26,886.96
270
CDBG - Federal Grants
11,682.62
1 11,682.62
290
Recreation
770.00
32,447.03
33,217.03
291
Teen Services
6,571.17
6,571.17
320
Park Dev Capital Project
3,508.93
3,508.93
400
Library Bond Debt Service
364 878.13
364,878.13
501
Equipment Replacement ISF
1,528.45
701
Traffic Safety
165.62
165.62
707
Aloha Street Safety Improvement
43573
435.93
716
Highway 9 /Oak Pedestrain
345.00
2,050.50
2,395.50
738
Cox Ave Railroad Crossing
70,135.98
70,135.98
746
Saratoga - Sunnyvale Gateway
19,601.53
19,601.53
755
Warner Hutton House Improvement
3,745.83
3,745.83
762
North Campus /19848 Prospect
2,182.28
2,182
790
UPRR/De Anza Trail
36,434.32
36,434.3/
791
Kevin Moran
1,919.00
1,919.00
793
Parks /Trails Repair
436.01
436.01
TOTAL
1,286,199.51
255,951.85 1,542,151.36
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.
PREPARED
01/09/2007, 16:10:28
EXPENDITURE APPROVAL LIST
PAGE 1
PROGRAM:
GM339L
AS OF:
01/22/2007 CHECK DATE:
01/09/2007
CITY OF SARATOGA
------------------------------------------------------------------------------------------------------------------------------------
VEND NO
VENDOR NAME
INVOICE
VOUCHER P.O.
BNK
CHECK /DUE
ACCOUNT
ITEM
EXPENDITURE
HAND - ISSUED
NO
------------------------------------------------------------------------------------------------------------------------------------
NO NO
DATE
NO
DESCRIPTION
AMOUNT
0000004
A RENTAL CENTER
AR143496
003227
00
01/05/2007
001 - 3030 - 532.51
-72
PK12RF *SOD CUTTER
108.90
VENDOR TOTAL *
108.90
0000000
AAA FIRE PROTECTION
SERVICES DBA
167562
003291
00
01/18/2007
001 - 1060 - 513.50
-11
FM12KC *SERVICE -OVEN
222.09
VENDOR TOTAL *
222.09
0002575
ACCENT GRAPHICS
14416
003326
00
12/2B/2006
001 - 1005 - 511.35
-22
FN11KC*ENGRV SGN -PAGE /HUN
130.74
14416 A
003327
00
12/28/2006
001 -3040- 513.35
-22
FN11KC•ENGRV SIGN- FOROND
25.81
VENDOR TOTAL *
156.55
0004089
ADVANCE RECRUITMENT SOLUTIONS
47831
003312
00
01/12/2007
001 - 1045 - 513.50
-09
HR12KC *RECRUIT -REC SPVSR
600.00
VENDOR TOTAL •
600.00
0002645
ADVANTAGE JANITORIAL
SUPPLY
19870
003283
00
01/0B/20D7
001- 1060 - 513.32
-51
FM12KC *JANITORIAL SUPPLY
510.47
19870 -1
003284
00
01/12/2007
001 - 1060 - 513.32
-51
FM12KC *JANITORIAL SUPPLY
223.49
19965
003285
00
01/18/2007
001- 1060 - 513.32
-51
FM12KC *FACILITY SUPPLY
70.73
19921
003210
00
01/14/2007
001- 3030 - 532.35
-22
PK12JI *BATHROOM SUPPLIES
310.72
19886
003257
00
01/11/2007
001- 3030 - 532.35
-22
PK12RF *BATHROOM SUPPLIES
444.98
VENDOR TOTAL •
1,560.39
0001964
ALLIED ADMINISTRATORS
- PLAN #5A94
FEB 2007
003388
00
01/09/2007
001 -0000- 210.20
-07
PR02KC•DNTL INSUR -DMO FEB
287.08
VENDOR TOTAL •
287.08
0001963
ALLIED ADMINISTRATORS-
PLAN830710
FEB 2007
A 003389
00
01/09/2007
001 -0000- 210.20
-07
PR02KC *DNTL INSUR -DPO FEB
3,869.02
VENDOR TOTAL •
3,869.02
0000019
ALLIED LOCK & KEY
81759
003287
00
01/11/2007
001- 1060 - 513.32
-51
FM12KC *DOOR LOCK SERVICE
21.D0
82600
003288
00
01/18 /2007
001 - 1060 - 513.32
-51
FM12KC *PADLOCKS /SUPPLY
96.19
82592
003244
00
01/14/2007
001 - 3025 - 532.35
-22
ST12RF•KEYS /PADLOCKS
248.98
VENDOR TOTAL *
366.16
0001523
ARROWHEAD MOUNTAIN SPRING
WATER CO.
06L0020005765 003286
00
01/06/2007
001 -1060- 513.56
-13
FM11KC•WATER SV -11/7 -12/6
111.63
VENDOR TOTAL *
111.63
0002647
BNY WESTERN TRUST
COMPANY
02/01/07
000036
00
01/09/2007
400-8015-723.70
-02
DT02KC *LBRY DBT SVC INT
364,878.13
VENDOR TOTAL *
364,878.13
0004316
BUDGET FLOORING,
INC.
3197
003337 22349
00
01/16/2007
755 -3755- 622.52
-41
CP12RF•FLOOR RPR- WHUTTON
3,550.83
VENDOR TOTAL *
3,550.83
0004192
C &H DISTRIBUTORS,
LLC
PREPARED 01/09/2007, 16:10:28 EXPENDITURE APPROVAL LIST PAGE 2
PROGRAM: GM339L AS OF: 01/22/2007 CHECK DATE: 01/09/2007
CITY OF SARATOGA
_________________________
_____
_______ ______ ____
______
VEND NO
VENDOR NAME
BNK CHECK /DUE
ACCOUNT
ITEM
EXPENDITURE HAND - ISSUED
INVOICE
VOUCHER P.O.
NO
DESCRIPTION
AMOUNT
NO
NO NO
DATE
0004192
C&H DISTRIBUTORS,
LLC
001 - 1060 - 513.32
-51
FM12KC•UTILITY CART
113.39
10090454
003282
00 01/11/2007
VENDOR TOTAL •
113.39
0000483
38491
CAL FIRE
003297
00 01/12/2007
001- 1060 - 513.54
-71
FM12KC -MNUAL SV -FIRE EXT
]].
00
38490
003298
00 01/12/2007
001 - 1060 - 513.52-0]
FM12KC•ANNUAL SV -FIRE EXT
479.05
VENDOR TOTAL '
556.05
0000593
CAL PERS LONG TERM CARE PROGRAM
50.40
5014660
003313
00 01/09/2007
001 -0000- 210.20
-18
PR12KC- PR122106 DEDUC
5062292
003314
00 01/09/2007
001- 0000- 210.20
-18
PR12KC•PR010407 DEDUC
50.40
VENDOR TOTAL *
100.80
0004214
CALIFORNIA OVERNIGHT
26.40
5455633
003211
00 01/02/2007
250- 4010 - 542.35
-51
ZA12JI•PACKET SHIPPING
VENDOR TOTAL •
26.40
0004317
CHARLES M. SALTER
ASSOCIATES, INC.
762 -3762- 622.52
-41
NC10KC'ACOUSTICAL INSPEC
2,182.28
0019826
003275
00 11/30/2006
VENDOR TOTAL •
2,182.28
0002624
TEAS000002
CITY OF CUPERTINO
003237
00 01/10/2007
001- 1005- 511.57
-08
CM12RF -TEA SUCCESS FEE
15,000.00
VENDOR TOTAL •
15,000.00
0000162
COAST OIL COMPANY,
LLC
2,751.74
76013
003254
00 01/13/2007
001- 1035 - 512.41
-01
EQ12RF•FUEL
VENDOR TOTAL •
2,751.74
0000078
COMMUNITY HEALTH
CHARITIES
15.00
10/12/06
001822
00 01/09/2007
001- 0000- 210.20
-14
PR10KC'PR101206 DEDUC
10/26/06
001989
00 01/09/2007
001 - 0000- 210.20
-14
PRJOKC•PR102606 DEDUC
15.00
11/09/06
002340
00 01/09/2007
001- 0000 - 210.20
-14
PR11KC- PR110906 DEDUC
15.00
11/22/20
002583
00 01/09/2007
001- 0000- 210.20
-14
PR11KC'PR112206 DEDUC
15.00
12/07/06
002855
00 01/09/2007
001 -0000- 210.20
-14
PR12KC- PRI20706 DEDUC
15.00
VENDOR TOTAL •
75.00
0000434
COTTON, SHIRES AND ASSOCIATES INC
790 -4790- 622.52
-41
CP12RF'PROF SVC10 /9 -11/30
11,000.00
121029
003265
00 01/05/2007
VENDOR TOTAL •
11,000.00
0001670
COUNTY OF SANTA CLARA - EMPLOYEE REL
7,028.00
12/15/06
003319
00 01/15/2007
001- 1045 - 513.31
-91
HR12KC'ANNUAL FEE -BAERS
VENDOR TOTAL •
7,028.00
0000098
COUNTY OF SANTA CLARA - SHERIFF OFFIC
00 01/09/2007
001 - 2015 - 523.52
-42
PSOBRF'SHERIFF CNTRCT -AUG
283,149.83
1800009179
1800010250
003253
003320
00 01/01/2007
001- 2015 - 523.52
-42
PS12KC- SHERIFF CNTRCT -DEC
283,720.46
1800010228
003228
00 01/09/2007
290 - 6005 - 564.51
-48
RC10RF•OCT- LIVESCAN
40.00
PREPARED
PROGRAM:
CITY OF
01/09/2007, 16:10:28
GM339L
SARATOGA
EXPENDITURE APPROVAL LIST
AS OF: 01/22/2007 CHECK DATE:
01/09/2007
PAGE 3
---- ______
VEND NO
------ _---- ___________________________________
VENDOR NAME
_______________________________
INVOICE
NO
VOUCHER P.O. BNK CHECK /DUE
NO NO DATE
______________________________________________________________________________________________________
ACCOUNT
NO
ITEM
DESCRIPTION
EXPENDITURE
AMOUNT
HAND- ISSUED
0000098 COUNTY OF SANTA
1800009965 003229
CLARA - SHERIFF OFFIC
00 01/09/2007
290 - 6005 - 564.51
-48
RC09RF *SEP- LIVESCAN
40.00
0001585
COUNTY OF SANTA
CLARA -VOTER
VENDOR TOTAL *
566,950.29
N200GO12
003390
00 01/19/2007
001- 1030 - 511.51
-78
CK12KC *GEN ELECT 11/7/06
32,889.00
0000106
CURRAN THEATRE GROUP
SALE
VENDOR TOTAL *
32,889.00
2194
003333
00 01/09/2007
290 - 6005 - 564.51
-74
RCOIKC *TICKETS -2/28 TRIP
3,460.00
0003127
CYGANY, INC.
VENDOR TOTAL *
3,460.00
3630
003258
00 01/10/2007
001- 3030 - 532.35
-22
PK12RF *PLASTIC BAGS
481.62
0000754
26534
26538
26571
DAVCO WATERPROOFING
003279
003200
003281
SERVICES INC
00 01/06/2007
00 01/12/2007
00 01/19/2007
001- 1060 - 513.56
001- 1060 - 513.56
728 -2728- 622.52-41
-21
-21
VENDOR TOTAL *
PM12KC *ROOF REPAIR -CTY HL
FM12KC -ROOF REPAIR -CTY HL
BR12KC *ROOF REPAIR -LIBRY
481.62
1,640.46
328.64
345.00
0004258
8/4/2006 -MC1
0 /4/2006 -MC2
DEPARTMENT OF MOTOR VEHICLES
003208 00 09/19/2006
003209 00 09/19/2006
001- 1035 - 512.35
001- 1035 - 512.35
-22
-22
VENDOR TOTAL *
EQ06LS *DUPLICATE TITLE
EQ06LS *DUPLICATE TITLE
2,314.10
CHECK 4: 103135
CHECK q: 103135
16.00
16.00
0003050
12390195912806
DOMINQUEZ, PAUL E.
003276 00 12/12/2006
291- 6010 - 564.51
-47
VENDOR TOTAL *
TN11KC *DJ SVC -12/8 DANCE
.00
250.00
32.00
0003044
ECONOMIC DRIVING
SCHOOL
VENDOR TOTAL *
250.00
71008 -1
003307
00 01/02/2007
290- 6005 - 564.53
-10
RC12KC *INSTRUC -DRVR ED
140.00
0000138
ECONOMY LUMBER
VENDOR TOTAL *
140.00
1331
003231
00 01/16/2007
793 -4793- 622.52
-41
CP12RF *SCOUT PROJ SUPLIES
436.01
0000150
EVANS WEST VALLEY
SPRAY
VENDOR TOTAL *
436.01
0047974
003243
00 01/09/2007
001- 3025 - 532.55
-32
MP12RF *GARDEN SPRAY
2,500.00
0001]6]
44476
FEHR & PEERS ASSOCIATES INC.
003264 22371 00 01/10/2007
001- 3035 - 532.57
-02
VENDOR TOTAL *
ST12RF *NTMP 10/28 -11/24
2,500.00
10,622.74
0000005
GARCIA, OSCAR
VENDOR TOTAL *
10,622.74
0277
003274
00 01/02/2007
290 -0000- 260.00
-00
RCOIKC *RENTAL DEP REFUND
]5.00
0000164
GARDENLAND POWER
EQUIPMENT
VENDOR TOTAL *
75.00
PREPARED
01/09/2007, 16:10:28
PROGRAM:
GM339L
EXPENDITURE
APPROVAL LIST
PAGE
CITY OF
SARATOGA
AS OF: 01/22/2007 CHECK DATE:
q
01/09/2007
____________
VEND NO
VENDOR NAME ________________________________________________________________________________
_______________________________
INVOICE
VOUCHER P.O.
BNK CHECK /DUE
ACCOUNT
ITEM
NO
NO NO
DATE
NO
DESCRIPTION
EXPENDITURE HAND-ISSUED
_____________________
_______________________________
MOUNT
0000164
GARDENLAND POWER
EQUIPMENT
________________
569016
569854
003212
00 01/04/2007
001- 3030 - 532.32 -21
PK12JI *BLOWER REPAIR
003247
OD 01/12/2007
001- 3030 - 532.35-22
PK12RF *STIHL OIL
209 33
17.95
0002909
GCSANC
VENDOR TOTAL •
227.28
2007 -326
003230
00 01/09/2007
001 - 3030 - 532.36
-41
PK11RF *KMEEK MEMBERSHIP
150.00
0001644
GOLDEN BAY CONSTRUCTION
VENDOR TOTAL *
150.00
12/11/06
003338 22441
00 01/09/2007
746 -2746- 622.52
-41
CP12RF *GATEWAY PROJECT
19, 601.53
0002547
GRAINGER
VENDOR TOTAL •
19,601.53
810111518
003290
00 01/12/2007
001 - 1060 - 513.32
-51
FM12KC *FACILITY SUPPLIES
122.08
0004242
GRANICUS
VENDOR TOTAL *
122.08
2547
003289
00 01/15/2007
001- 1030 - 511.56
-76
CK12KC *MNTHLY SVC -JAN
1,950.00
0004320
HOTEL NIKKO SAN FRANCISCO
VENDOR TOTAL •
1,450.00
01/12/07
003316
00 01/09/2007
001 - 1020 - 511.34
-61
MGOIKC *ACCOM -1/12 ANDER
209.76
0000198
HYDROTEC IRRIGATION EQUIPMENT SVCS
VENDOR TOTAL *
209.76
26527
26509
003234
00 01/14/2007
001- 3025 - 532.57
-36
PK12RF *DEC - MAINLINE RPAIR
003242
00 01/07/2007
001- 3030 - 532.57
-36
PK12RF- MAINTNCE -QUITO PK
2,975.45
113.93
0000005
IGNACIO, ALEXANDER
VENDOR TOTAL *
3,288.88
0202
003272
00 12/10/2006
290- 0000 - 260.00
-00
RC01KC•RENTAL DER REFUND
300.00
0001745
INTERSTATE TRAFFIC
CONTROL PRODUCTS
VENDOR TOTAL •
300.00
106970
003255
00 01/07/2007
501- 1091 - 532.60
-05
I812RF- DBCALS
149.39
0002260
JUST FOR KICKS, INC.
VENDOR TOTAL •
149.39
73918 -1
73919
003302
00 01/02/2007
290 - 6005 - 564.53
-10
RC12KC•INSTRUC- SOCCER
-1
73922
003303
00 01/02/2007
290- 6005 - 564.53
-10
RC12KC- INSTRUC- SOCCER
1,480.50
-1
73921 -1
003304
00 01/02/2007
290- 6005- 564.53
-10
AC12KC- INSTRUC- SOCCER
1,635.00
73920
003305
00 01/02/2007
290- 6005 - 564.53
-30
RC12KC *INSTRUC- SOCCER
301.50
-1
003306
00 01/02/2007
290- 6005 - 564.53
-10
R012KC•INSTRUC- SOCCER
689.00
408.75
0000005
KIDD, NANCY
VENDOR TOTAL •
4,509.75
0235
003273
00 12/18/2006
290 -0000- 260.00
-00
RCOIKC *RENTAL DER REFUND
300.00
0000005
KU, KIMCHI
VENDOR TOTAL •
300.00
PREPARED 01/09/2007, 16:10:28
PROGRAM:
EXPENDITURE APPROVAL LIST
CITY --
________________
SA
ARATOG
AS OF: 01/22/2007 CHECK DATE:
01/09/2007 PAGE -
VEND NO
---- -- _____
VENDOR NAME ________________________________________________________________________________
_______________________________
INVOICE
VOUCHER P.O.
BNK CHECK /DUE
ACCOUNT
NO
________________________________________________
NO NO
DATE
NO
ITEM
DESCRIPTION
E %PAMOUNTRE HAND -
I---
_______________________________
_________________________AMOUNT
0000005
KU, KI MCHI
--
0240
003269
00 12/14/2006
290 -0000- 260.00 -00
RCOIKC *RENTAL DEP REFUND
300.00
0001385
LEXISNE %IS
VENDOR TOTAL *
300.00
40274004
0611322338
003328
00 01/11/2007
001 - 1030 - 511.36 -41
CK12KC *SARA CODE
003213
00 12/30/2006
250 - 4010 - 542.36 -41
-ON LINE
ZA11JI *PARR LEGAL
361.05
RESRCH
150.00
0002858
LORAL LANDSCAPING,
INC.
VENDOR TOTAL *
511.85
41844
003233
00 O1 /DI /2007
001- 3030 - 532.54 -42
PK12RF *DEC - GARBAGE PICKUP
500.00
0000005
LOS MADRES WM 2004
VENDOR TOTAL *
500.00
0269
003271
00 12/19/2006
290 - 0000- 260.OD -00
RCOIKC *RENTAL DER REFUND
300.00
0000005
LUNG, ANNIE
VENDOR TOTAL *
300.00
0242
003270
00 12/14/2006
290- 0000 - 260.00 -00
RCOIKC *RENTAL DER REFUND
300.00
0002638
MAXIMUS, INC.
VENDOR TOTAL *
300.00
1035570 -002
003330
00 01/01/2007
001- 1040 - 513.56 -55
FN12KC *SB90 MANDATED
CST
500.00
0002815
MBA OF CALIFORNIA
VENDOR TOTAL *
500.00
067281618
003336
00 01/09/2007
001- 1050 - 513.51 -71
GS12KC *COPIER RNTL
JAN
680.93
0001839
MBIA MUNISERVICES
COMPANY
VENDOR TOTAL *
680.93
IW -13093
INV -13142
003331
003340
00 01/09/2007
001- 1040 - 513.50 -25
FN12KC *SL TXAUDIT SVQ2 /06
00 01/09/2007
001- 1040 - 513.50 -25
FN12KC *HTL TX REV ANLYS
370.00
00.00
0000291
MCQUEEN, BRYAN
VENDOR TOTAL *
370.00
DEC 2006
003324
00 01/09/2007
001- 1045 - 513.56 -20
HR12KC *MED REIMB OCT -DEC
600.00
0002972
MILLMAN b INDUSTRIAL
CARPENTERS
VENDOR TOTAL *
600.00
01/04/07
003325
00 01/09/2007
001 - 0000- 210.20 -16
PR01KC- PRD10407 DEDUC
300.00
0002153
MOBILE MODULAR MANAGMENT
CO.
VENDOR TOTAL *
300.00
2368664
2368665
003277
003278
00 01/11/2007
001- 1060 - 513.50 -62
FM12KC *RNT FEE11 /19 -12/18
00 01/11/2007
001 - 1060 - 513.50 -62
FM12KC *RNT FEE11 /22 -12/21
570.04
1,108.49
0003992
MONTEREY- CAAMEL COMMUNICATIONS CORP
VENDOR TOTAL *
1,678.53
1946
1949
003249
00 01/07/2007
501- 1091 - 532.60 -OS
IS12RF *COMM EQUIP INSTALN
003250
00 01/07/2007
501- 1091 - 532.60 -05
IS12RF *COMM EQUIP INSTALN
470.21
292.95
PREPARED
01/09/2007, 16:10:28
EXPENDITURE APPROVAL LIST
PROGRAM:
GM339L
AS OF:
01/22/2007 CHECK DATE:
01/09/2007
PAGE f
CITY OF SARATOG A
ARATOG
VEND NO
VENDOR NAME
INVOICE
VOUCHER P.O.
BNK CHECK /DUE
ACCOUNT
ITEM
NO
NO NO
DATE
NO
EXPENDITURE
HAND- ISSUED
______________________________________________________________________________________
DESCRIPTION
AMOUNT
_______________________________
0003992
MONTEREY - CARMEL
COMMUNICATIONS CORP
1948
003251
00 01/07/2007
501 - 1091 - 532.60
-05
IS12RFICOMM EQUIP INSTALN
332.95
1947
003252
00 01/07/2007
501 - 1091 - 532.60
-05
IS12RF *COMM EQUIP INSTALN
332.95
0002325
MOORE WALLACE
VENDOR TOTAL *
1,379.06
343973826
003322
00 01/07/2007
001- 1040- 513.35
-21
FN12KC *BUS LICENSE FORMS
992475009
003323
00 01/07/2007
001 - 1040 - 513.35
-21
FN12KC *BUS LIC FORMS
1,768.55
11188.59
0002606
MIA DESIGN, INC.
VENDOR TOTAL *
2,957.14
0110667
003241
00 01/09/2007
791 -4791- 622.51-50
PK11RF *NOV SRVC -KEV MORAN
525.00
0000005
NORTH BAY BLDG. MAINTENANCE
VENDOR TOTAL *
525.00
67289
003223
00 01/03/2007
001 - 1040 - 413.05
-00
FN12JI *REFUND BL EMPL FEE
30.00
0004165
NORTH BAY BUILDING MAINTENANCE
VENDOR TOTAL *
30.00
2028
003292
00 01/09/2007
001 - 1060 - 513.53
-40
PM12KC *JWRL SVC- 12/3 -9
2011
003293
00 01/02/2007
001- 1060 - 513.53
-40
FM12KC *JTRL SV- 11/26 -12/2
228.00
228.00
O000005
O'DONOVAN, AINE
VENDOR TOTAL *
456.00
0200
003268
00 12/14/2006
290 -0000- 260.00
-00
RC01KC *RENTAL DEP REFUND
300:00
0001997
OFFICE DEPOT, INC.
VENDOR TOTAL *
300.00
366586983
-001 003309
00 01 /1B /2007
001- 1040- 513.35
-21
FN12KC *ADMIN OFFICE SURLY
362866320
-001 003315
00 01/11/2007
001 - 1040 - 513.35
-21
FN12KC *OFFICE SUPPLIES
257.47
364098873
-001 003308
00 01/04/2007
001- 1045 - 513.35
-21
HR12XC *OFFICE SUPPLY
153.66
366586983
-001 A003310
00 01/18/2007
001- 1065- 513.35
-21
IT12KC *IT OFFICE SURLY
59.54
364601025
-001 003214
00 01/03/2007
250 - 4010 - 542.35
-21
ZA12JI *OFFICE SUPPLIES
63.27
48.63
0002579
PACIFIC PRODUCTS
n SERVICES
VENDOR TOTAL *
582.57
6309
003256
00 01/08/2007
701 -1701- 622.35
-22
CP12RF- NONREF MRKR - YELLOW
165.62
0000005
PINK, GREG
VENDOR TOTAL *
165.62
67829
003222
00 01/03/2007
001 - 3035 - 422.03
-00
EG12JI *REFUND ENCROACH
500.00
0001987
PONY EXPRESS PRINTING
VENDOR TOTAL *
500.00
14342
003339
00 01/22/2007
290- 6005 - 569.35
-21
RC12KC *FAC RSSRVTN FORM
177.87
0004110
PREMIERE GLOBAL SERVICES
VENDOR TOTAL *
177.87
00653518
003341
00 01/05/2007
001 - 1020 - 511.31
-70
CM12KC *CONFERENCE -NOV
274.01
0002657
QUALITY ASSURANCE
TRAVEL
VENDOR TOTAL *
274.01
PREPARED
01/09/2007, 16:10:28
TRAVEL
EXPENDITURE APPROVAL LIST
PROGRAM:
GM339L
12/14/2006
PAGE
AS OF: 01/22/2007 CHECK DATE: 01/09/2007
CITY OF
__________________________________________________________________________________________
SARATOGA
01/02/2007
0002329
VEND NO
VENDOR NAME
00
____________________________ __ ____________
INVOICE
VOUCHER P.O.
BNK CHECK /DUE
ACCOUNT ITEM
NO
NO
NO DATE
EXPENDITURE HAND-ISSUED
NO
_____________________________________________________________________________________________________
00
01/01/2007
DESCRIPTION AMOUNT
_____________________________ __
0002657
QUALITY ASSURANCE
TRAVEL
25315
003294
00
12/14/2006
25427
003295
00
01/02/2007
0002329
REPUBLIC ITS
002588
00
3730
003224 22387
00
01/07/2007
0611961
003225
00
01/01/2007
0611962
003226
00
01/01/2007
0000341
S.A.S.C.C.
01/02/07
1/09/07
000042
00
01/09/2007
0004203
SAMORANOS, CLIFFORD
CARPO
12/08/06
003301
00
12/14/2006
0000344
SAN JOSE BLUE PRINT
7916922
003240
00
01/20/2007
0002918
SANTA CLARA COUNTY
EMERGENCY
12/22/06
003335
00
01/22/2007
0000495 SARATOGA EMPLOYEE ASSOCIATION
10/12/06
001824
00
01/09/2007
10/26/06
001987
00
01/09/2007
11/09/06
002336
00
01/09/2007
11/22/06
002588
00
01/09/2007
12/07/06
002854
00
01/09/2007
0002919
SARATOGA HISTORICAL FOUNDATION
12/21/06
003332
00
01/09/2007
0004319
SCHAEFER, MATTHEW
G.
01/02/07
003299
00
01/02/2007
01/02/07
A 003300
00
12/22/2006
0002281 SCHWAAB INC.
V34454 003215
V34454A 003216
0002494 SCOTTY'S AUTOMOTIVE
290- 6005 - 564.51 -74 RCOIKC *BUS SVC -1/17 TRIP
290- 6005 - 564.51 -74 RCOIKC *BUS SVC -2/28 TRIP
VENDOR TOTAL *
001- 3030 - 532.57 -04 PK12RF *LIGHT INST - WLDWOOD
150- 3015 - 532.57 -36 GT12RF *TRFC SGNAL RESPNSE
150 - 3015 - 532.50 -97 GT12RF *TRFC SGNAL MNTNCE
VENDOR TOTAL *
001 - 7030 - 572.56 -71 GTOIKC *Q3 CITY SUPPORT
VENDOR TOTAL *
291 - 6010 - 564.51 -47 TN12XC *AUDIO SV -1/14 EVNT
VENDOR TOTAL *
707 -1707- 622.35 -22 CP12RF- BLUPRNTS 6 BINDING
VENDOR TOTAL *
001- 2005 - 521.31 -91 CM12KC *2007 DUES -J YOKE
VENDOR TOTAL *
001 - 0000 - 210.20 -15
001 - 0000 - 210.20 -15
001- 0000- 210.20 -15
001 - 0000 - 210.20 -15
001 - 0000 - 210.20 -15
001- 1005 - 511.51 -35
291 - 6010 - 564.51 -45
291 - 6010 - 564.51 -45
PR10KC*PR101206 DEDUC
PR10KC *PR102606 DEDUC
PRIIKC- PRI10906 DEDUC
PR11KC *PR112206 DEDUC
PR12KC- PR120706 DEDUC
VENDOR TOTAL *
CC12KC *1ST PMT -GRANT
VENDOR TOTAL *
TN12KC *STAFF -12/22 CONCRT
TN12KC *STAFF -12/15 CONCRT
VENDOR TOTAL
00 01/05/2007 250 - 4010 - 542.35 -21 ZA12JI *RUBBER STAMPS
00 01/05/2007 250 - 4015 - 542.35 -21 ZA12JI *RUBBER STAMPS
VENDOR TOTAL
720.00
720.00
1.440.00
3,594.16
236.69
1,330.00
5,161.07
4,500.00
4,500.00
400.00
400.00
435.93
435.93
50.00
50.00
94.05
94.05
94.05
97.05
97.05
476.25
5,000.00
5,000.00
50.00
70.00
120.00
78.74
157.50
236.24
PREPARED 01/09/2007, 16:10:28 EXPENDITURE APPROVAL LIST
PROGRAM: GM339L PAGE
CITY Of SARATOGA AS OF: 01/22/2007 CHECK DATE: 01/09/2007
-
--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. BNK CHECK /DUE ACCOUNT ITEM
NO NO NO DATE NO DESCRIPTION
-------------------------------------------------------------------------------------
0002494 SCOTTY'S AUTOMOTIVE
28467]
003260
00
01/12/2007
001- 1035 - 512.56
-15
EQ12RF- VEHICLE MNTENANCE
285761
003261
00
01/20/2007
001- 1035 - 512.56
-15
E012RF•VEHICLE
MNTENANCE
285]6]
003262
00
01/20/2007
001- 1035 - 512.56
-15
EQ12RF•VEHICLE
MNTENANCE
285772
003263
00
01/21/2007
001- 1035 - 512.56
-15
EQ12RF•VEHICLE
MNTENANCE
00021 79
SHI NN, CORINNE A.
VENDOR
TOTAL
12/16/06
003238
00
01/16/2007
250- 4010 - 542.55
-35
ZAIORF *12/13/06
PC MEETNG
0001893
SHUTS, MIHALY &
WEI NBERGER
LLP
VENDOR TOTAL
15625
003342
00
01/09/2007
001- 1025 - 511.51
-11
AT10KC -LGL
SVC- AS /OCT
15625 A
003343
00
01/09/2007
001- 1025 - 511.51
-13
ATIOKC +LGL
SVC- PW /OCT
15625 E
15625 D
003344
00
01/09/2007
001- 1025 - 511.51
-14
AT10KC -LGL
SVC- CD /OCT
15625 E
003346
DO
01/09/2007
001- 1025 - 511.51
-16
AT10KC•LGL
SVC -CC OCT
003347
00
01/09/2007
001- 1025 - 511.51
-18
AT10KC•LGL
SVC-LITIG OCT
15625 F
15625 G
003348
00
01/09/2007
001 -1D25- 511.51
-19
AT1DKCt LGL
SVC -CM /CC OCT
15626
003349
00
01/09/2007
001 - 1025 - 511.51
-14
AT10KC•LGL
SVC -PL COM OCT
15626
003351
00
01/09/2007
001- 1025-511.51
-11
AT10KC +LGL
SVC -AS OCT
A
15626 B
003352
00
01/09/2007
001- 1025 - 511.51
-13
AT10KC1LGL
SVC -PW OCT
15626 D
003353
00
01/09/2007
001 - 1025 - 511.51
-14
AT10KC -LGL
SVC -CD OCT
15626 E
003355
00
01/09/2007
001- 1025- 511.51
-16
AT10KC +LGL
SVC -CC OCT
15626 F
003356
00
01/09/2007
001 - 1025 - 511.51
-18
AT10KC•LGL
SVC -LITIG OCT
15626
003357
00
01/09/2007
001 - 1025 - 511.51
-19
AT10KC +LGL
SVC -CM /CC OCT
G
15627
003358
00
01/09/2007
001- 1025 - 511.51
-14
AT10KC•LGL
SVC -PLG CM OCT
15758
003360
00
01/09/2007
001- 1025 - 511.50
-87
AT10KC�LGL
SVC -CNSLT OCT
15758 A
003365
00
01/09/2007
001-1025 - 511.51
-31
AT11KC +LGL
SV -AS NOV
15758 B
003366
00
01/09/2007
001 - 1025 - 511.51
-13
ATIIKC -LGL
SV -PW NOV
003367
00
01/09/2007
001- 1025- 511.51
-14
AT11KC�LGL
SV -CD NOV
15758 D
003369
00
01/09/2007
001 - 1025 - 511.51
-16
AT11KC•LGL
SV- CC NOV
15758 E
003370
00
01/09/2007
001- 1025 - 511.51
-18
AT11KC +LGL
SV- LITIG NOV
15758 F
003371
00
01/09/2007
DO1- 1025 - 511.51
-19
AT11KC *LGL
SV- CM /CC NOV
15758 G
003372
00
01/09/2007
001 - 1025 - 511.51
-14
AT11KC•LGL
SV- PL COM NOV
15759
003374
00
01/09/2007
001 - 1025 - 511.51
-11
AT11KC -LGL
SV- AS NOV
15759 A
003375
00
01/09/2007
001- 1025 - 511.51
-13
AT11KC -LGL
SV- AS NOV
15759 B
003376
00
01/09/2007
001- 1025- 511.51
-14
AT11KC -LGL
SV- CD NOV
15759 D
003378
00
01/09/2007
001 - 1025 - 511.51
-16
AT11KC•LGL
SV- CC NOV
15759 E
003379
00
01/09/2007
001 - 1025 - 511.51
-18
AT1IKC +LGL
SV- LITIG NOV
15760
003381
00
01/09/2007
001- 1025 - 511.50
-87
AT11KC•LGL
SV -CNSLT NOV
15759 H
003387
00
01/09/2007
001- 1025 - 511.51
-19
AT11KC•LGL
SV -CMCC NOV
15625 C
003345
00
01/09/2007
250- 2010 - 522.51
-15
CE10KC -LGL
SVC -CD ENF OCT
15626 C
003354
00
01/09/2007
250- 2010 - 522.51
-15
AT10KC•LGL
SVC -CD ENF OCT
15758 C
003368
00
01/09/2007
250- 2010 - 522.51
-15
CE1IKCILGL
SV- CD ENF NOV
15759 C
003377
00
01/09/2007
250 - 2010 - 522.51
-15
AT11KC•LGL
SV- CD ENF NOV
15625 H
003350
00
01/09/2007
260 - 5015 - 552.51
-13
AT10KC-LGL
SVC -WTR QL OCT
15626 H
003359
00
01/09/2007
260 - 5015 - 552.51
-13
ATIOKC�LGL
SVC -WTR QL OCT
15758 H
003373
00
01/08/2007
260 -5015- 552.51
-13
AT1IKC +LGL
SV- WTR OL NOV
15759 F
003380
00
01/09/2007
260 - 5015 - 552.51
-13
AT11KC•LGL
SV -WTR QL NOV
15628
003361
00
01/09/2007
790 -4790- 622.51
-19
ATIOKC -LGL
SV -DE ANZ OCT
EXPENDITURE HAND- ISSUED
AMOUNT
512.62
303.82
401.03
538.15
1,755.62
450.00
450.00
731.52
1,014.60
4,8]7.20
2,064.80
1]8.00
3,310.80
890.00
763.60
3,783.52
4,]34.00
564.00
902.40
2,197.60
225.60
5,]78.59
3,893.49
925.60
2,581.00
2,723.40
17.80
2,385.20
1,228.20
116.33
2,252.00
1,047.00
940.00
18.80
3,897.00
1,485.20
53.40
2,]33.40
658.60
668.80
3,613.40
163.00
1,691.00
4,101.80
24,904.13
PREPARED 01/09/2007, 16:10:28 EXPENDITURE APPROVAL LIST
PROGRAM: ARATOG AS OF: 01/22/2007 CHECK DATE: 01/09/2007 PAGE 9
CITY -- SA ---- --
VEND____________
_____________________________________________________________ _______________________________
ND NO VENDOR NAME
________________________
INVOICE VOUCHER P.O. BNX CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
0001843
SHUTE, MIHALY
6 WEINBERGER LLP
15761
003382
00 01/09/2007
15762
003383
00 01/09/2007
0002474
SIERRA PACIFIC
TURF SUPPLY
0243234
-IN 003245
00 01/13/2007
0000272
SILICON VALLEY
COMMUNITY
39929
003217
00 12/21/2006
39733
003218
00 12/21/2006
39728
003219
00 12/21/2006
0004269
T. BENNETT SERVICES, INC
3134
003235 22342
00 01/03/2007
0001795
TLC ADMINISTRATORS
INC.
0000001882 003321
00 01/04/2007
0002438
TURF STAR, INC.
6496446 -01
003220
00 01/12/2007
6496446 -00
003246
DO 01/11/2007
0003099
UNION PACIFIC RAILROAD
CO.
890166
003239 22384
00 01/09/2007
0000412 UNITED WAY CHARITY
10/12/06
001823
00
01/09/2007
10/26/06
001988
00
01/09/2007
11/09/06
002339
00
01/09/2007
11/22/06
002590
00
01/09/2007
12/07/06
002856
00
01/09/2007
0000413 UNIVERSAL SWEEPING SERVICE
INV060014323 003236 22312 00 01/10/2007
0000414 UNUM LIFE INS. CO. OF AMERICA
JAN 2007 003329 00 01/09/2007
0001825 WALTONSMITH, ANN
12/31/06 003334 00 01/09/2007
790 -4790- 622.51
-19
AT11KC *LGL SV- DEANZA NOV
530.19
791 -4791- 622.51
-19
AT11KC -LGL Sv -MORAN NOV
1,394.00
VENDOR TOTAL *
96,038.97
001-3025 - 532.35
-22
ST12RF *SCOOP AMD SHEARS
90.61
VENDOR TOTAL *
90.61
250 - 4010 - 542.31
-02
ZA11JI *PC HEARING NOTICE
91.00
250- 4010 - 542.31
-02
ZAIIJI *ZONING NOTICE
136.50
250 - 4010 - 542.31
-02
ZA11JI *PC STUDY NOTICE
58.50
VENDOR TOTAL *
286.00
320- 9010 - 522.53-18
CP12RF *LIBRARY SIGNS
3,508.93
VENDOR TOTAL *
3,508.93
001 - 1045 - 513.57
-01
HR12KC *DEC FEE -SEC 125
175.00
VENDOR TOTAL *
175.00
001- 3030 - 532.35
-22
PX12JI *EQUIPMENT PARTS
001 - 3030 - 532.35
-22
PK12RF *TIRES, SCREW NUTS
65.66
206.19
VENDOR TOTAL *
271.65
738 -2738- 622.52
-41
CP09RF *COX AVE- PROGRS #4
70,135.98
VENDOR TOTAL *
70,135_98
001 -0000- 210.20
-13
PR10KC- PR101206 DEDUC
001 - 0000 - 210.20
-13
PR10KC- PR102606 DEDUC
22.00
001 - 0000 - 210.20
-13
PR11KC *PR110906 DEDUC
22.00
22.00
001- 0000- 210.20
-13
PR11KC- PR112206 DEDUC
001 -0000- 210.20
-13
PR12KC- PR120706 DEDUC
22.00
22.00
VENDOR TOTAL *
110.00
260 - 5015 - 552.54
-37
SW12RF *CITY ST SWEEP SVC
6,532.75
VENDOR TOTAL *
6,532.75
001- 0000- 210.20
-09
PROIXC*LTD INSUR -01/07
1,755.11
VENDOR TOTAL *
1,755.11
001- 1005 - 511.34
-62
CC12KC *MLG REIMS -JUL -DEC
436.10
PREPARED 01/09/2007, 16:10:28 EXPENDITURE APPROVAL LIST PAGE 10
CITY OF SARATOG A
PROGRAM: AS OF: 01/22/2007 CHECK DATE: 01/09/2007
ARATOG
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. BNK CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED t�t
NO NO NO DATE NO
----------------- - - - - -- DESCRIPTION AMOUNT
______________________________
0001025 WALTONSMITH, ANN
0009314
WARREN LAMPSHS RE
REALTY SERVICES
VENDOR TOTAL +
936.10
116
003317
00
01/09/2007
755 -3755- 622.52
-41
WH12KCrSARAT0GA PHOTO
195.00
0000926
WEST COAST BLDG,
SERVICE
VENDOR TOTAL +
195.00
32979
003232 22396
00
01/01/2007
001- 3030 - 532.56
-18
PK12RF- DEC -PRKS JANTL SVC
695.00
0003915
WESTCO TRACTOR
VENDOR TOTAL r
695.00
18928
003259
00
01/22/2007
001- 3030 - 532.35
-22
PK12RF- EQUIPMW MNTENANCE
185.50
0003120
WHEEL WORKS
VENDOR TOTAL r
185.50
IN09206519 003248
00
01/13/2007
001- 3030 - 532.35
-22
PK12RFrM0UNT MOWER TIRE
30.00
0004183
WI TTWER 6 PARKIN,
LLP
VENDOR TOTAL +
30.00
CM1039
003266
00
01/01/2007
001- 1025 - 511.50
-87
AT12RF +LGL SVCS - GIBERSON
2,210.00
CM993
003267
00
01/01/2007
001- 1025 - 511.50
-87
AT11RF +LGL SVCS- GIBERSON
4,999.23
0000490
XEROX CORPORATION
VENDOR TOTAL +
7,209.23
197415350
003318
00
01/18/2007
001 - 1050 - 513.51
-71
GS12KCr COPIER SPLY -DEC
111.50
0002633
YAMAGAMI'S NURSERY
VENDOR TOTAL r
111.50
12/20/06
003221
00
01/20/2007
001 -3030- 532.35
-22
PK12JIrANNUALS
46.42
VENDOR TOTAL r
46,42
TOTAL EXPENDITURES + + ++
1,286,199.51
GRAND TOTAL rr a rr•u r.
32.00
1,286,231.51
SARATOGA CITY COUNCIL
MEETING DATE: 02/07/07 AGENDA ITEM:
ORIGINATING DEPT: Admin Svcs. CITY MANAGER: Yf �---
PREPARED BY: DEPT HEAD: U i► "�
*ety For da Mary Fur , Fin ce & A.S. Director
SUBJECT: Check Register for 01/23/2007
RECOMMENDED ACTION:
That the City Council accepts the Check Register for 01/23/2007.
REPORT SUMMARY:
Attached is the Check Register for 01/23/2007. The checks were released on 01/24/2006. Payroll checks
were released on 01/18/2006. The prior Check Register for 01/09/2006 ended with check number 104058.
Type of Checks
Date
Starting
Check #
Ending
I Check #
Total
Checks
Amount
Accounts Payable
1 11/23/071
+-001/18/071
104059
1 104172
114
$570,820.48
Payroll
Comp Shared Risk Pool
32113
32133
21
$153,164.36
TOTAL $723,984.84
The following is a list of checks issued for more than $10,000.00 and a brief description of the expenditure:
Check #
Issued to
Fund
Dept
Purpose
Amount
104060
ECS Imaging, Inc.
Special Revenue
Comm Dev
Records Scanning
$18,463.07
104087
Comp Shared Risk Pool
Special Revenue
Public Works
Workers Comp Ins
$32,127.62
104089
SCC - Sheriffs Office
General
City Manager
Sheriff Contract
$280,720.46
104101
Gachina Landscape Mgt
Various
Various
Landscape Maint.
$11,309.96
104102
George Bianchi Const
Others
Public Works
Concrete Repair
$15,516.00
104103
Golden Bay Construction
Others
Public Works
Gateway Project
$27,818.82
104107
IMPACC Card Services
Various
Various
Various
$10,802.15
104113
League of California Cities
General
City Manager
Membership Dues
$11,394.00
104120
Motorola
General
City Manager
Radio Equipment
$12,417.39
104126
Pacific Gas & Electric lVanous
Various
Electric & Gas Bill
$12,428.09
104152
Soil Eng'g. Construction lGeneral
lPublic
Works I
Street Maintenance
$21,147.70
The following is a list of manually issued checks. There are no voided checks during the period.
Check. #
Issued to
Purpose
Amount
104059
Saratoga Historical Found.
To facilitate immediate payment - Mustard Walk
ITo
$2,000.00
104060
ECS Imaging, Inc.
facilitate immediate payment - Records Scanning
$18,463.07
The following is a list of cash reduction by Fund:
Fund #
Fund Description
A/P Total
PR Total
Total
001
General
405,663.04
38,478.75
444,141.79
150
Streets & Roads
34,401.23
20,476.69
54,877.92
202
Ferdericksburg Landscape
280.20
280.20
203
Greenbriar Landscape
566.28
566.28
204
Quito Lighting
1,324.63
1,324.63
205
Azule Lighting
299.45
299.45
206
Sarahills Lighting
473.84
473.84
207
Village Lighting
2,428.56
2,428.56
209
McCartysville Landscape
230.96
230.96
210
Tricia Woods Landscape
155.03
155
211
Arroyo de Saratoga Landscape
139.34
139.4
212
Leutar Court Landscape
85.00
85.00
215
Bonnet Way Landscape
717.04
717.04
216
Beauchamps Landscape
127.39
127.39
217
Sunland Park Landscape
26.85
26.85
222
Prides Crossing Landscape
585.56
585.56
224
Village Commercial Landscape
293.69
293.69
225
Saratoga Legends Landscape
130.14
130.14
226
Bellgrove Landscape
2,217.23
2,217.23
227
Cunningham /Glasgow Landscape
420.63
420.63
228
Kerwin Ranch Landscape
340.00
340.00
229
Tollgate LLD
407.81
407.81
231
Horseshoe Landscape /Lighting
505.98
505.98
232
Gateway Landscape
319.68
319.68
250
Development Services
28,926.74
65,897.63
94,824.37
260
Environmental Program SRF
742.53
7,740.76
8,483.29
270
CDBG - Federal Grants
8,305.50
8,305.50
290
Recreation
2,961.90
14,624.17
17,586.07
291 lTeen
Services
552.10
3,574.09
4,126
320
Park Dev Capital Project
970.00
970.t.v
352
Infrastructure
325.00
325.00
420
Leonard Road
298.25
298.25
501
Equipment Replacement ISF
8,638.47
8,638.47
604
Planning Deposit Pre 2006
7,119.69
7,119.69
605
Planning Deposit FY 2006
5,190.54
5,190.54
701
Traffic Safety
77.95
77.95
706
Sidewalk Annual Project
2,618.44
2,618.44
716
Highway 9 /Oak Pedestrain
461.77
461.77
732
Median Landscape /Irrigation
989.00
989.00
743
Blaney Plaza Improvements /Construction
15,516.00
1,910.50
17,426.50
746
Saratoga - Sunnyvale Gateway
28,884.30
28,884.30
762
North Campus/ 19848 Prospect
1,360.00
1,360.00
790
UPRR/De Anza Trail
3,981.50
3,981.50
793
Parks /Trails Repair
1,223.01
1,223.01
TOTAL
570,820.48
153,164.36 723,984.84
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.
PREPARED
01/23/2007, 14:21:40
EXPENDITURE
APPROVAL LIST
PAGE 1
PROGRAM:
GM339L
AS OF:
02/05/2007 CHECK DATE:
01/23/2007
CITY OF
SARATOGA
------- ------------
- - - - --
----------------------------------------------------------------------------------
VEND NO
VENDOR NAME
INVOICE
VOUCHER P.O.
BNK CHECK /DUE
ACCOUNT
ITEM
EXPENDITURE
HAND- ISSUED
NO
NO NO
DATE
NO
DESCRIPTION
AMOUNT
0000004
A RENTAL CENTER
AR143983
003596
OD
02/05/2007
001- 3030 - 532.51
-72
PX01RF *SOD CUTTER
157.03
VENDOR TOTAL *
157.03
0000009
ABAG PLAN CORPORATION
1028621
003406
DO
01/21/2007
001- 1015 - 511.31
-66
CM12JI•HLAVA ETHICS TRNG
75.00
21121906
003597
00
01/19/2007
001- 1050 - 513.50
-04
GS12RF•LEGAL FEES- ALBURE2
1,731.55
VENDOR TOTAL *
1,806.55
0000010
ABAG POWER PURCHASING
POOL
8000649
003434
00
01/23/2007
001- 1060- 513.41
-02
FM01KC *GAS SVC - JAN 2007
1,41B.B9
VENDOR TOTAL *
1,41B.B9
-
0002575
ACCENT GRAPHICS
14461
003449
00
02/01/2007
001 - 1005 - 511.35
-22
CC01KC *NAMEPLATE /PIN -XAO
64.54
VENDOR TOTAL •
64.54
0004089
ADVANCE RECRUITMENT SOLUTIONS
47830
003598
00
02/03/2007
001- 1045 - 513.50
-09
HROIRF *RECRUIT- REC SEVEN
121.40
47829
003599
00
02/03/2007
001- 1045 - 513.50
-09
HROIRF•RECRUIT- PLNG RNUR
621.60
VENDOR TOTAL *
743.00
0002645
ADVANTAGE JANITORIAL
SUPPLY
19967
003490
DO
02/03/2007
001-1060 - 513.32
-51
FMOIKC *JANITORIAL SUPPLY
7B.B3
20040
003491
00
02/03/2007
001 - 1060 - 513.32
-51
FMOIXC *JANITORIAL SUPPLY
193.60
VENDOR TOTAL •
272.51
0000005
AGHASSI, NINOUS
0275
D03440
00
01/16/2007
290 -0000- 260.00
-00
RC12KC *RENTAL DEP REFUND
300.00
VENDOR TOTAL *
300.00
0002535
ALLIED ENGINEERING COMPANY
0126A -4
003600 22374
00
01/28/2007
746 -2746- 622.52
-41
CP12RF *SARA /SUNVL RD PROD
835.00
VENDOR TOTAL *
835.00
0002196
AMERICAN PAYROLL
ASSOCIATION
12/31/06
003492
00
01/31/2007
001 - 1040- 513.31
-91
FN12KC *MEMBERSHIP -GONG
165.00
VENDOR TOTAL *
165.00
0004075
AMERICAN SOCIETY
OF SAFTEY ENGINEER
1000457801 003431
00
01/18/2007
DO1- 1060 - 513.31
-91
FM12KC *ASSE MEMBERSHIP
145.00
VENDOR TOTAL *
145.00
000DR64
AMSTERDAM PRINTING 4 LITHO
9926803
003451
00
01/23/2007
290- 6005 - 564.35
-22
RC11KC *CALENDAR- INSTRUCTR
226.90
VENDOR TOTAL *
226.90
0002915
ASCAP
12/20/06
003601
00
01/20/2007
290- 6005 - 564.50
-20
RC12RF *LIC FEE 2007/2008
284.17
VENDOR TOTAL *
284.17
0002561
AT S T/ MCI
0
PREPARED
01/23/2007, 14:21:40
EXPENDITURE APPROVAL LIST
PAGE 2
PROGRAM:
GM339L
AS OF:
02/05/2007 CHECK DATE:
01/23/2007
CITY OF
SARATOGA
VEND NO
VENDOR NAME
INVOICE
VOUCHER P.O.
BNK CHECK /DUE
ACCOUNT
ITEM
EXPENDITURE
HAND- ISSUED
NO
NO
NO
DATE
NO
DESCRIPTION
AMOUNT
0002581
AT & T/ MCI
T5954203
003568
00
02/05/2007
OD1- 1050 - 513.41
-03
GS12RF *DEC -MO RECURR CHG
176.65
T5972671
003573
00
02/05/2007
001 - 1050 - 513.41
-03
GS12RF *DEC -XEROX MACHINE
14.65
T5972689
003576
00
02/05/2007
001 -1DSO- 513.41
-03
GS12RF *DEC-MEASD BUS LINE
38.01
T5955123
003579
00
02/05/2007
001 - 1050 - 513.41
-03
GS12RF *DEC-ALRM SYSTM PH
89.30
T5955130
003580
00
02/05/2007
001- 1050 - 513.41
-03
GS12RF *DEC- SUPERTRUNK
522.10
T5955131
003581
00
02/05/2007
001 - 1050 - 513.41
-03
GS12RF *DEC -SR CTR ALARMS
30.28
T5972668
003571
00
02/05/2007
001 - 2005-521.41
-03
CM12RF *DEC-EMP EMERGENCY
14.65
T5972688
003575
00
02/05/2007
001 - 2005 - 521.41
-03
CM12RF *DEC - EMGY -CM OFFICE
14.95
T5955110
003577
00
02/05/2007
001- 2005 - 521.41
-03
CM12RF *DEC- EMRGCY RESPNS
208.18
T5972690
003582
00
02/05/2007
001 - 2005- 521.41
-03
CM12RF *DEC -AM RADIO SARA
14.95
T5954872
003569
00
02/05/2007
001- 3030 - 532.41
-03
PK12RF *DEC -NORTH CAMPUS
14.95
T5972636
003570
00
02/05/2007
001- 3030 - 532.41
-03
PK12RF *DEC -GTWAY IRR CTRL
14.95
T5972669
003572
00
02/0512007
001- 3030 - 532.41
-03
PK12RF *DEC -PH LINES &PRKS
22.17
T5955059
003574
00
02/05/2007
001-3030 - 532.41
-03
PK12RF *DEC - BLANEY MODEM
14.95
T5955118
003578
00
02/05/2007
001-3030 - 532.41
-03
PK12RF *DEC -CRP YD -EMCY LN
39.17
T5972691
003583
00
02/05/2007
001 - 3030 - 532.41
-03
PK12RF *DEC- CNGRSS SPRG PK
44.05
0004058 AT SYSTEMS WEST, INC
176- 901907 003602 00 02/01/2007
0001180 AT &T
12/20/06 003584 00 02/05/2007
0004220 BAY CITY MECHANICAL, INC
5605912 003603 00 01/28/2007
0000005 BECHTEL CORPORATION
12/11/06F 003143 00 01/26/2007
0002826 BLAZE CONE CO.
14921 003395 00 01/17/2007
0003147 BRUCE'S TIRE INC.
172965 D03605 00 02/D3/2007
0000593 CAL PERS LONG TERM CARE PROGRAM
5075688 003497 00 01/17/2007
VENDOR TOTAL *
001- 1040 - 513.50 -63 FNOIRF *MNTHLY SVC 01/07
VENDOR TOTAL *
001 - 1050 - 513.41 -03 GS12RF *DEC - LIBRARY PAY PH
VENDOR TOTAL
320 - 9010 - 522.52 -41 CP12RF *LBRARY -HVAC CNTRL
VENDOR TOTAL *
250 -4010- 444.51 -00 ZA11RF *07 -146 DEP REFUND
VENDOR TOTAL *
001 - 1030 - 511.35 -21 CK12KC *PROMO CONES
VENDOR TOTAL *
001- 1035 - 512.56 -15 EQOIRF *FLAT TIRE REPAIR
VENDOR TOTAL *
001 -0000- 210.20 -18 PR01KC*PRO11807 DEDUC
VENDOR TOTAL
0001513 CALIFORNIA DEPARTMENT OF JUSTICE
601143 003606 00 01/12/2007 001 - 1045 - 513.51 -48
VENDOR TOTAL
0002326 CAPORICCI LARSON, CPA'S
FEE
1,273.96
207.10
207.10
79.40
79.40
970.00
970.00
3,500.00
3,500.00
349.75
349.75
136.66
136.66
50.40
50.40
32.00
32.00
PREPARED 01/23/2007, 14:21:40 EXPENDITURE APPROVAL LIST PAGE 3
PROGRAM: GM339L AS OF: 02/05/2007 CHECK DATE: 01/23/2007
CITY OF SARATOGA
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. BNK CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
0002326 CAPORICCI LARSON, CPA'S
1719
003607 00
01/22/2007
001- 1040 - 513.50
-15
FN12RP -FINAL BLG- 6/30/06
4,824.50
VENDOR TOTAL •
4,824.50
0000066
CARNEKIE, DIANE
O1 /D8 /00
003435 00
01/11/2007
001 - 1045 - 513.56
-20
HR12KC *MED REIMB9 /1 -12/31
800.00
VENDOR TOTAL `
800.00
0004317
CHARLES M. SALTER ASSOCIATES,
INC.
0020129
003439 00
01/15/2007
762 -3762- 622.52
-41
NC12KC *ACOUSTICAL INSPEC
1,360.00
VENDOR TOTAL •
1,360.00
0004222
CHENG, BEN
JAN 2007
003438 00
01/17/2007
001- 1020 - 511.32
-23
MG01KC *REIMB -EMP RECOG
100.00
VENDOR TOTAL +
100.00
0002800
CIENEGA LANDSCAPING
3048
003608 OD
01/27/2007
001- 3025 - 532.54
-34
MP12RF•DEC MAINT- ALLENDL
200.00
3050
003609 00
01/27/2007
231 - 3231 - 532.54
-36
LL12RF +DEC MAINT- HRSESHO
320.00
3049
003610 00
01/27/2007
231 - 3231 - 532.54
-36
LL12RF *DEC MAINT- FOOTHILL
178.00
VENDOR TOTAL +
698.00
0000092
COMP SHARED RISK POOL
O1 /01- 3/31/07
003493 00
01/08 /2007
150- 3015 - 532.57
-92
LL01KC *Q1 WORKERS' COMP
32,127.62
VENDOR TOTAL •
32,127.62
0000097
COUNTY OF SANTA CLARA
-DEPT OF REV
12/31/06
003408 00
01/31/2007
001 -1040- 452.01
-00
FN12JI +DEC PROCESS FEES
250.00
11/30/06
003409 00
12/30/2006
001- 1040 - 452.01
-00
FN11JI *NOV PROCESS FEES
270.00
VENDOR TOTAL *
520.00
0000098
COUNTY OF SANTA CLARA-
SHERIFF OFFIC
1800010475
003436 00
01/06/2007
001 - 2015 - 523.52
-42
PSOIKC *SHERIFF CNTRCT -SAN
280,720.46
VENDOR TOTAL +
280,720.46
0004206
COUNTY OF SANTA CLARA
- VECTOR CONTRO
7/l/06- 6/30/07
002911 00
02/01/2007
260 - 5015 - 552.31
-91
SW11JI• ASSESSMENT /VECTOR
273.78
VENDOR TOTAL `
273.78
0002760
COVAD COMMUNICATIONS
43898655
003612 00
01/16/2007
001 - 1050 - 513.41
-03
GS12RF *MONTHLY CHARGE
474.45
VENDOR TOTAL *
474.45
0002805
CREEK MOUNTAIN LANDSCAPE
2531
003613 22335 00
01/23/2007
001 - 3030 - 532.57
-04
PK12RF•TREE RMVAL -WLDWD
3,140.00
VENDOR TOTAL *
3,140.00
0004326
CUPERTINO COMMUNITY SERVICES
12/31/06SCHMIDT003614 00
01/31/2007
270 - 7015 - 572.51-30
CG12RF•COMP ASST PROGRM
2,805.50
VENDOR TOTAL
2,805.50
0000754
DAVCO WATERPROOFING SERVICES INC
PREPARED 01/23/2007, 14:21:40 EXPENDITURE APPROVAL LIST
PROGRAM: GM339L AS OF: 02/05/2007 CHECK DATE: 01/23/2007
CITY OF SARATOGA
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. HNK CHECK /DUE ACCOUNT ITEM EXPENDITURE
NO NO NO DATE NO DESCRIPTION AMOUNT
0000754 DAVCO WATERPROOFING SERVICES INC
26655 003504 00 02/05/2007
0000120 DEPARTMENT OF CONSERVATION
1/18/07 003679 00 01/22/2007
0000138
ECONOMY LUMBER
9257651
003615
00
01/19/2007
0002785
ECS IMAGING, INC
00
02/04/2007
6071
003617 22368
00
02/05/2007
4801
003401
00
01/11/2007
4802
003402
00
01/11/2007
4796
003403
00
01/11/2007
4800
003404
00
01/11/2007
6099
003616
00
02/05/2007
0004325 ETHERIDGE, CHRIS
1/14/07 003506 00 01/16/2007
0002947 FISHER, KENNETH
01/03/07 003410 00 02/03/2007
0001852
FUSON, KENNETH
1017061
003641
00
02/04/2007
1213065
003642
00
02/04/2007
1213064
003643
00
02/04/2001
0930064
003644
00
02/04/2007
0926067
003645
00
02/04/2007
0923069
003646
00
02/04/2007
0001794
GACHINA LANDSCAPE
MANAGEMENT
19966L
003630
00
01/19/2007
A20593 -1
003635
00
01/19/2007
A20593 -2
003636
00
01/19/2007
19966M
003631
00
01/19/2D07
20682
003634
00
01/19/2007
19966
003618
00
01/19/2007
19966A
003619
00
01/19/2007
199668
003620
00
01/19/2007
19966C
003621
00
01/19/2007
19966D
003622
00
01/19/2007
19966E
003623
00
01/19/2007
001 - 1060 - 513.56 -21 FM12KC -ROOF REPAIRS
VENDOR TOTAL
250 -4015- 422.01 -00 ISOIJI -OCT -DEC 06 SMISHM
VENDOR TOTAL
793 -4793- 622.52 -41 CP12RF -RND METAL STAKES
001 - 3005 - 532.51 -49
250- 4015 - 542.56 -11
25D- 4015-542.56 -11
250 - 4015 - 542.56 -11
250- 4015 - 542.56 -11
250 - 4015 - 542.56 -11
VENDOR TOTAL
STOIRF *PW -DOC SCAN
IS06RF•CONVRSN TO FICHE
IS05RF'SCAN DOCUMENTS
ISOSRF *SCAN DOCUMENTS
IS05RF•SCAN DOCUMENTS
ISOIRF -CDD IMAGES SCAN
VENDOR TOTAL
291- 6010 - 564.51 -45 TNOIKC•STAFF -1/14 CONCERT
VENDOR TOTAL
001- 3030 - 532.35 -22 PK0IJI -HIST MUSEUM FLWRS
001 - 3030 - 532.55 -33
001- 3030 - 532.55 -33
001- 3030 - 532.55 -33
001- 3030 - 532.55 -33
001- 3030 - 532.55 -33
001- 3030 - 532.55 -33
001 - 3025 - 532.54 -34
001- 3025 - 532.57 -36
001- 3025 - 532.57 -36
001 - 3030 - 532.54 -06
001- 3030 - 532.54 -06
202- 3202 - 532.54 -36
203- 3203 - 532.54 -36
209- 3209 - 532.54 -36
210- 3210 - 532.54 -36
211 - 3211 - 532.54 -36
212- 3212 - 532.54 -36
VENDOR TOTAL
PK12RF•RDNT CNTRL-RVNWD
PKO1RF•RDNT CNTRL-CVC CTR
PKOIRF *RDNT CNTRL -WLDWD
PKOIRF *RDNT CNTRL -AZULE
PKOIRF•RDNT CNTRL - GRDNER
PKOIRF *RDNT CNTRL - WHUTTN
VENDOR TOTAL
MP12RF•DEC- MEDIANS
MP12RF•DEC- MAINLNE REPAIR
MP12RF•DEC -RPAIR -QUITO PK
MP12RF-DEC -NORTH CAMPUS
MP12RF *DEC -ALOHA WALL
LL12RF -DEC- FREDRCKBURG
LL12RF -DEC- GRNBRIAR /AZULE
LL12RF•DEC- MCCARTYSVILLE
LL12RF•DEC- TRICIA WOODS
LL12RF +DEC - ARROYO DE SARA
LL12RF -DEC- LEUTAR CT
155.00
155.00
1,631.20
1,631.20
92.01
92.01
154.26
CHECK p: 104060
CHECK #: 104060
CHECK q: 104060
CHECK q: 104060
2,764.00
2.918.26
90.00
90.00
320.83
320.83
30.00
30.00
150.00
60.00
120.00
60.00
450.00
3,555.00
360.48
360.48
1,045.00
390.00
265.00
220.00
215.00
75.00
85.00
85.00
PAGE 4
HAND- ISSUED
10,779.20
3,925.69
2,127.38
1,630.60
18.463.07
PREPARED 01/23/2007,
14:21:40
EXPENDITURE APPROVAL LIST
PAGE
PROGRAM: GM339L
AS OF:
02/05/2007 CHECK DATE:
01/23/2007
CITY OF SARATOGA
-------------------------------------------------------------------------------------------------
VEND NO VENDOR NAME
INVOICE VOUCHER
P.O. BNK
CHECK /DUE
ACCOUNT
ITEM
EXPENDITURE
HAND- ISSUED
NO NO
NO
DATE
NO
DESCRIPTION
AMOUNT
0001794 GACHINA LANDSCAPE
MANAGEMENT
19966F 003624
00
01/19/2007
216 - 3216 - 532.54
-36
LL12RF *DEC- BEAUCHAMPS
85.00
19966G 003625
00
01/19/2007
222 - 3222 - 532.54
-36
LL12RF +DEC - PRIDES CROSSNG
450.00
19966H 003626
00
01/19/2007
226- 3226 - 532.54
-36
LL12RF *DEC- BELLGROVE
1,985.00
199661 003627
00
01/19/2007
227 - 3227 - 532.54
-36
LL12RF•DEC- CUNGHM /GLASGOW
145.00
199661 003628
00
01/19/2007
226- 3228 - 532.54
-36
LL12RF *DEC - KERWIN RANCH
340.00
19966K 003629
00
01/19/2007
229 - 3229 - 532.54
-36
LL12RF•DEC- TOLLGATE
90.00
19966N 003632
00
01/19/2GD7
232- 3232 - 532.54
-36
LL12RF *DEC - GATEWAY LLC
245.00
199660 003633
00
01/19/20D7
352- 9201- 622.52
-41
CP12RF *DEC- GATEWAY MEDIAN
325.00
A2D664 003637
00
01/20/2007
732 -2732- 622.52
-41
CP12RF•UPGRADE -SAN PALO
989.00
VENDOR TOTAL *
11,309.96
0002625 GEORGE BIANCHI CONSTRUCTION,
INC.
1- 12/08/06 003638
22442 00
D1/19/2007
743 -2743- 622.50
-00
CP12RF *CONCRTE RPR- BLANEY
15,516.00
VENDOR TOTAL •
15,516.00
0001644 GOLDEN BAY
CONSTRUCTION
01/02/07 003639
22441 00
01/19/2007
746 -2746- 622.52
-41
CP12RF•GATEWAY PROJECT
27,81B.82
VENDOR TOTAL •
27,B1B.B2
0002547 GRAINGER
9259795905 003507
00
01/21/2007
001 - 1060 - 513.32
-51
FM12KC *JANITORIAL SUPPLY
16.24
9259927227 OD3508
DO
01/21/2007
001 - 1060 - 513.32
-51
FM12KC *JANITORIAL SUPPLY
16.24
9259927235 003510
00
01/21/2007
001- 1060 - 513.32
-51
FM12KC *JANITORIAL SUPPLY
16.24
VENDOR TOTAL *
48.72
0002358 H.V. CARTER
CO. INC.
311332 003411
00
01/28/2007
001- 3030 - 532.35
-22
PK12JI +PARKS SUPPLIES
151.70
VENDOR TOTAL +
151.70
0001813 I.M.P.A.C. CARD SERVICES
11/27/06- B0YERD003483
00
01/18/2007
001- 1005 - 511.35
-22
CC1IJI +COUNCIL SUPPLIES
263.25
11/28/06 -ANN A 003495
00
01/18/2007
001 -1005- 511.35
-22
CC11JI•RE -ORG SUPPLIES
469.79
11/20/06 -ANN B 003496
00
01/16/2007
001- 1005 - 511.34
-61
CC11JI *RE -ORG SUPPLIES
314.2D
11/28/06 -ANN C 003498
00
01/18/2D07
001- 1005 - 511.31
-70
CC11JI•LCC CONE
1,530.00
11 /27 /06 -BOYER 003479
00
01 /1B /2007
001- 1020 - 511.34
-61
MG1IJI +STAFF RETREAT
873.70
11/27/06- P0WELL003405
00
01/18/2007
001- 1020 - 511.34
-61
MG1IJI +BRKFST /LUNCH MTG
54.44
11/28/06- P0WELL003486
00
01/18/2007
001- 1020 - 511.32
-23
MG11JI *EMP APPRECIATION
129.36
12 /6 /06- POWELL 003487
00
01 /18 /2007
001- 1020 - 511.36
-71
MG12JI *NIMS REFRESHMENTS
114.51
12/12/06- POWELL003488
00
01/18/2007
001- 1020 - 511.35
-22
MG12JI•C0ND0LENCE FLWRS
69.66
12 /10 /06- P0WELL0034B9
00
01/18/2007
001- 1020 - 511.35
-51
MG12JI•MAIL TO AUDITORS
4.05
11/28/06 -ANN 003494
00
01/18/2007
001- 1020 - 511.34
-61
MG11JI *LNCH /ATTY & STAFF
109.99
11/28/06 -ANN D 003500
00
01/18/2007
001 - 1020 - 511.35
-21
MG11JI *OFFICE SUPPLIES
271.71
11/28/06 -ANN F 003505
00
01/18/2007
001- 1020 - 511.32
-23
MG11JI *EMP APPRECIATION
150.00
11/21/06 -DAVE 003509
00
01/18/2007
001- 1020 - 511.34
-61
MG11JI•MNTHLY MTG /COUNCIL
83.50
11/27/06- B0YERA003480
00
01/10/2007
001- 1030 - 511.35
-21
CK11JI *OFFICE SUPPLIES
139.72
11/27/06- B0YERC003482
00
01/18/2007
001 -1030- 511.36-71
CK11JI *CCAC CONE 4/07
395.00
11/27/06- B0YERE003484
00
01/18/2007
001- 1030 - 511.36
-72
CK11JI *CCAC CONE HOTEL
145.00
11/28/06 -ANN E 003502
00
01/18/2007
001 - 1030 - 511.35
-51
CK11JI•CITY CLERK TO AT &T
19.41
11/27/06- B0YERB003481
00
01/18/2007
001- 1045 - 513.32
-22
HR11JI *AWARDS LUNCHEON
592.38
5
PREPARED 01/23/2007, 14:21:40
EXPENDITURE APPROVAL LIST
PAGE 6
PROGRAM: GM339L
AS OF:
02/05/2007 CHECK DATE:
01/23/2000
CITY OF SARATOGA
VEND NO VENDOR NAME
INVOICE VOUCHER P.O.
BNK CHECK /DUE
ACCOUNT
ITEM
EXPENDITURE HAND- ISSUED
NO NO NO
DATE
NO
DESCRIPTION
AMOUNT
0001813 I.M.P.A.C. CARD SERVICES
11/29/06- M0NICA003514
00
01/18/2007
001- 1045 - 513.34
-61
HR11JI•MTG /FN /CDD
89.97
12 /7 /06- MONICA 003516
00
01/18/2007
001- 1045 - 513.32
-22
HR12JI *AWARD LUNCHEON
500.00
12/20/06 -JOAN A003477
00
01/18/2007
001 - 1050 - 513.35
-21
GS12JI•COFFEE SUPPLIES
11.77
11/25/06 -SCOTT 003454
00
01/18/2007
001 - 1060- 513.32
-51
FM11JI'SAFBTY AWARDS
65.00
11/27/06 -SCOTT 003456
00
01/10/2007
001 - 1060 - 513.35
-21
FM11JI *OFFICE SUPPLIES
56.78
11/29/06 -RICK 003468
00
01/18/2007
001 - 3005 - 532.31
-91
ST11JI *IMSA DUES
60.00
11/29/06 -RICK A003469
00
01/18/2007
001 - 3005 - 532.35
-21
ST11JI- OFFICE SUPPLIES
15.13
12/20/06 -JOAN 003476
00
01/18/2007
001 - 3005 - 532.35
-21
ST12JI *OFFICE SUPPLIES
95.17
12/20/06 -JOAN B003478
00
01/18/2007
001 - 3005 - 532.35
-22
ST12JI *CAMERAS /SUPPLIES
419.78
11/21/06 -MEEK 8003472
00
01/18/2007
001- 3025 - 532.35
-22
MP11JI *KEYS
14.53
11/21/06 -MEEK C003473
00
01/18/2007
001- 3025 - 532.31
-91
MP11JI *PEST DUES -SHAWN
60.00
11/21/06 -MEEK 003470
00
01/18/2007
001- 3030 - 532.35
-22
PK11JI *SOD CUTTERS
21.61
11/29/06 -ABBY A003466
00
01 /18 /2007
250 - 4005 - 542.34
-61
AP11JI *PC STUDY SESSION
121.16
11/22/06 -LORI A003461
00
D1/18/2007
250- 4010 - 542.35
-21
ZA11JI- OFFICE SUPPLIES
48.06
11/29/06 -ABBY 003463
00
01/18/2007
250 - 4010 - 542.35
-21
ZA11JI *PARTY SUPPLIES
5.99
11 /29 /06 -BOREL 003467
00
01/18/2007
250 - 4010 - 542.35
-22
ZA11JI *EMP RECOGNITION
60.00
11/22/06 -LORI 003459
00
01 /1B /2007
250 - 4015 - 542.35
-21
IS11JI *OFFICE SUPPLIES
516.79
11/22/06 -KIM 003442
00
01/18/2007
290 - 6005 - 564.51
-74
RC11JI *$R. TRIP EXPENSES
218.69
11/22/06 -KIM A 003444
00
01/lB/2007
290 - 6005 - 564.35
-22
RC11JI *SR. TRIP SUPPLIES
306.25
11/28/06 -ADAM 003447
00
01/18/2007
290-6005 - 564.35
-22
RC11JI•CAMP SUPPLIES
732.36
11 /28 /D6 -ADAM A003448
00
01/18/2007
290 - 6005 - 564.35
-21
RC11JL *EMAIL NEWSLETTERS
30.00
11/28/06 -ADAM 8003450
00
01/1B/2007
290 -6005- 564.36
-71
RC11JI•LERN CONF 1/17
85.00
11/2B/06 -ADAM C003452
00
01/18/2007
291 -6010- 564.35
-22
TN11JI *YC T SHIRTS
282.10
12/6/06 -JESUS 003475
00
01 /I8 /2007
501 - 1091 - 532.32
-21
IS12JI•VEHICLE FLOOR MATS
123.34
11 /21 /06-MEEK A003471
00
01/18 /2007
793 -4793- 622.52
-41
CP11JI•VOLLEYBALL EQUIP
181.00
11/27/06 -SHAWN 003474
00
01/18/2007
793 - 4793-622.52
-41
CP11JI *VOLLEYBALL EQUIP
950.00
VENDOR TOTAL *
10,802.15
0000204 INTERSTATE BATTERY
SYSTEM
40080193 003412
00
02/05/2007
001- 1035 - 512.35
-22
EQOIJI•BATTERY
181.75
VENDOR TOTAL •
181.75
0001987 JOE A. GONSALVES &
SON, INC.
12/20/06 003640 22339
00
01/20/2007
001 - 1005 - 511.57
-09
CC12RF *JAN SERVICES
3, DOO.00
VENDOR TOTAL '
3,000.00
0004237 KAMAKANI, ANTHONY
01/14/07 003446
00
01/16/2007
291 - 6010 - 564.51
-45
TNOIKC *STAFF -1/14 CONCERT
90.00
VENDOR TOTAL
90.00
0003115 RAO, AILEEN C
01/04/07 003513
00
01/05/2007
001 - 1005 - 511.34
-62
CC12KC *EX /MLREIMB JUL -DEC
1,362.55
VENDOR TOTAL •
1,362.55
0004145 LABOR CONSULTANTS
OF CALIFORNIA
145 003647 22060
00
01/18/2007
001 - 1060 - 513.54
-40
FM12RF•MONITORING SRVC
1,125.50
VENDOR TOTAL '
1,125.50
0001276 LEAGUE OF CALIFORNIA
CITIES
PREPARED
01/23/2007, 14:21:40
EXPENDITURE APPROVAL LIST
PAGE 6
PROGRAM:
GM339L
AS OF:
02/05/2007 CHECK DATE:
01/23/2007
CITY OF SARATOGA
----------------------------""______--_"_----------------_'_--------------------------
VEND NO
VENDOR NAME
INVOICE
VOUCHER P.O.
BNK
CHECK /DUE
ACCOUNT
ITEM
EXPENDITURE
HAND- ISSUED
NO
NO NO
DATE
NO
DESCRIPTION
AMOUNT
0004165
NORTH BAY BUILDING
MAINTENANCE
2040
003520
00
01/16/2007
001 - 1060 - 513.53
-40
FM12KC *JNTRL SVC- 12/10 -16
228.00
VENDOR TOTAL `
456.00
0001997
OFFICE DEPOT, INC.
368027938
-001 003464
00
01/09/2007
001 - 1040 - 513.35
-21
FN12KC *CREDIT -OFC SPLY
8.92-
368048860
-001 003465
00
01/25/2007
001- 1040 - 513.35
-21
FN12KC`OFFICE SUPPLY
7.01
367869650
-001 003397
00
01/25/2007
001- 1045 - 513.35
-21
HR12KC *OFFICE SUPPLIES
28.08
366276624
-001 003680
00
01/10/2007
001- 3035 - 532.35
-21
EG12JI *OFFICE SUPPLIES
37.23
368399025-001
003414
00
01/24/2007
250 - 4010 - 542.35-21
ZA12JI`OFFICE SUPPLIES
17.09
367302739
-001 003415
00
01/17/2007
250 - 4010 - 542.35
-21
ZA12JI *OFFICE SUPPLIES
28.34
367380117
-001 003416
00
01/17/2007
250- 4010 - 542.35
-21
ZA12JI *OFFICE SUPPLIES
20.69
VENDOR TOTAL *
129.52
0000302
ORCHARD SUPPLY HARDWARE
12/26/06
A 003432
00
01/23/2007
001 - 1060 - 513.32
-51
FM12KC`FACILITIES SUPPLY
277.78
12/04/06
003418
00
01/20/2007
001- 3005 - 532.35
-22
ST12JI *STREETS SUPPLIES
132.63
11/29/06
003417
00
01/20/2007
001- 3030 - 532.35
-22
PK11JI`PARKS SUPPLIES
474.33
VENDOR TOTAL +
884.74
0000307
PACIFIC GAS 6 ELECTRIC
01/04/07
003549
00
01/25/2007
001- 1035 - 512.41
-02
EQOIRF`JAN -NATRL GAS VHCL
510.73
01/04/07A
003550
00
01/25/2007
001 - 1060 - 513.41
-02
FMOIRF *JAN- BUILDINGS
4,534.07
01/04/07B
D03551
00
01/25/2007
001 - 3030 - 532.41
-02
PKOIRF`JAN- PARK /OPN SPACE
354.38
O1/04/07C
003552
00
01/25/2007
150 - 3015 - 532.41-02
GTOIRF *JAN - TRAFFIC SIGNAL
11088.99
O1/04/07D
003553
00
01/25/2007
150- 3015 - 532.41
-02
GTOIRF *JAN -CTYWD ST LGHTS
784.62
01/04/07£
003554
00
01/25/2007
204- 3204 - 532.41
-02
LLOIRF *JAN -QUITO LIGHTING
1,210.45
O1/04/07F
003555
00
01/25/2007
205- 3205 - 532.41
-02
LLOIRF *JAN -AZULE LIGHTING
264.39
01/04/07G
003556
00
01/25/2007
206- 3206 - 532.41
-02
LLOIRF`JAN- SARAHLS LGHTNG
288.64
O1/04/07H
003557
00
01/25/2007
207 - 3207 - 532.41
-02
LLOIRF *JAN - VILLAGE LGHTNG
638.78
01/04/07N
003563
00
01/25/2007
207 - 3207 - 532.41
-02
LLOIRF *JAN - VILLAGE COMML
1,789.78
O1/04/07I
003558
00
01/25/2007
209- 3209 - 532.41
-02
LL01RP`JM- MCCARTHYSVILLE
15.96
01/04/07J
003559
00
01/25/2007
210 - 3210 - 532.41
-02
LLOIRF *JAN -TRCIA WOODS
1.80
01/04/07K
003560
00
01/25/2007
215- 3215 - 532.41
-02
LLO1RF`JM- BONNET WAY
384.53
01/04/07L
003561
00
01/25/2007
216 - 3216 - 532.41
-02
LL01RF`JAN- BEAUCHAMPS
42.39
01/04/07M
003562
00
01/25/2007
222 - 3222 - 532.41
-02
LLOIRF`JAN- PRIDES CROSSNG
46.68
01/04/070
003564
00
01/25/2007
227 - 3227 - 532.41
-02
LLOIRF *JAN- CUNGHM /GLSGOW
6.18
O1/04/07P
003565
00
01/25/2007
229- 3229 - 532.41
-02
LLOIRF *JAN- TOLLGATE
227.26
01/04/07Q
003566
00
01/25/2007
231 - 3231 - 532.41
-02
LL01RF *JAN -HSHOE LNDSCAPE
7.98
O1/04/07R
003567
00
01/25/2007
746 -2746- 622.41
-02
CP01RF *JAN- GATEWAY SERVCE
230.48
VENDOR TOTAL *
12,428.09
0000933
PENINSULA BUILDING
MATERIALS
6250145
003419
00
12/29/2006
701- 1701- 622.35
-22
CP12JI *STREETS SUPPLIES
67.12
6258350
003420
00
12/31/2006
701- 1701- 622.35
-22
CP12JI *STREETS SUPPLIES
10.83
VENDOR TOTAL •
77.95
0000005
PERFECT CLIMATE
06- 00001591
A 003430
00
01/17/2007
001- 1040- 413.05
-00
FN11JI`PERMIT REFUND
23.40
06- 00001591
003429
00
01/17/2007
250 -4015- 422.01
-00
IS11JI *PERMIT REFUND
126.30
PREPARED 01/23/2007, 14:21:40 EXPENDITURE APPROVAL LIST
PROGRAM: GM339L AS OF: 02/05/2007 CHECK DATE: 01/23/2007
CITY OF SARATOGA
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. BNK CHECK /DUE ACCOUNT ITEM EXPENDITURE
NO NO NO DATE NO DESCRIPTION AMOUNT
----------------------------------------------------------------------------------------------------------------
0000005 PERFECT CLIMATE
0000979 PETROTEK
2007402 003659 00 02/05/2007
0001487 PONY EXPRESS PRINTING
14399 003681 00 01/15/2007
14399 A 003682 00 01/15/2007
14399 B 003683 00 01/15/2007
0002840 PRECISION CONCRETE CUTTING
A42031 003662 22401 00 01/29/2007
0003956 PURSELL CONSTRUCTION INC.
L -2013 003433 00 01/19/2007
0000005 REED, PATRICK
0263 003654 00 01/19/2007
0002329 REPUBLIC ITS
4036 003663 00 01/22/2007
0000341 S.A.S.C.C.
12/20/2006 003666 00 01/20/2007
0000344
SAN JOSE BLUE
PRINT
7917230
003664
00
01/21/2007
7923948
003665
00
02/05/2007
0000346
SAN JOSE WATER
COMPANY
12/31/06
003511
00
01/31/2007
12/31/06A
003512
00
01/31/2007
12/31/0GC
003517
00
01/31/2007
12/31/0GB
003515
00
01/31/2007
12/31/06D
003519
00
01/31/2007
12/31/06E
003521
00
01/31/2007
12/31/06F
003525
00
01/31/2007
12/31/06G
003526
00
01/31/2007
12/31/06H
003528
00
01/31/2007
12/31/061
003531
00
01/31/2007
12/31/06J
003532
00
01/31/2007
001 - 1035 - 512.54 -33
001- 3035 - 532.35 -22
250 - 4010 - 542.35 -21
250 - 4015 - 542.35 -21
706 -1706- 622.52 -41
001- 1060 - 513.51 -66
290 - 0000-260.00 -00
150 - 3015 - 532.57 -36
270- 7015 - 572.51 -24
001 - 3035 - 532.35 -22
001- 3035 - 532.35 -22
001 - 1060 - 513.41 -04
001- 1060 - 513.41 -04
001- 3025 - 532.41 -04
001 - 3030 - 532.41 -04
202- 3202 - 532.41 -04
203- 3203 - 532.41 -04
204- 3204 - 532.41 -04
205- 3205 - 532.41 -04
206 - 3206 - 532.41 -04
210- 3210- 532.41 -04
211- 3211 - 532.41 -04
VENDOR TOTAL *
EQ12RF *DEC- RECORDED SRVC
VENDOR TOTAL *
EG01JI *RECEIPT BOOKS
ZAOIJI *RECEIPT BOOKS
ISOIJI *RECEIPT BOOKS
VENDOR TOTAL *
CP12RF *TRIP HZRD REMOVAL
VENDOR TOTAL *
FM12KC *LIGHTING UPDATE
VENDOR TOTAL *
RCOIKC *RENTAL DEP REFUND
VENDOR TOTAL *
GT11RF *NOV -ENG -G SERVICES
VENDOR TOTAL *
CG12RF *ADLT CARE -NOV /DEC
VENDOR TOTAL *
ST12RF *PRINTING SERVICES
ST12RF *PRINTING SERVICES
VENDOR TOTAL
FM12RF *DEC - BUILDINGS
FM12RF *DEC -NO CAMPUS
MP12RF *DEC- MDIANS /PRKWYS
PK12RF *DEC - PRKS /OPN SPACE
LL12RF *DEC- FREDRCKBURG
LL12RF *DEC - GREENBRIAR
LL12RF *DEC -QUITO LIGHTNG
LL12RF *DEC -AZULE LIGHT
LL12RF *DEC-SARAHILL LGTNG
LL12RF *DEC - TRICIA WOODS
LL12RF *DEC- ARROYO SRTOGA
149.70
200.00
200.00
161.85
323.71
161.85
647.41
2,618.44
2,618.44
696.52
696.52
100.00
100.00
400.00
400.00
5,500.00
5,500.00
69.54
57.11
126.65
282.98
88.88
1,560.11
211.67
15.20
136.2E
114.18
35.06
165.20
78.23
54.34
PAGE 9
HAND- ISSUED
-------- - - - - --
PREPARED 01/23/2007, 14:21:40
SAN JOSE WATER
COMPANY
EXPENDITURE APPROVAL LIST PAGE 10
PROGRAM: GM339L
DO
01/31/2007
AS OF: 02/05/2007 CHECK DATE: 01/23/2007
CITY OF SARATOGA
00
01/31/2007
12/31/06M
------------------------------------------------------------------------------------------------------------------------------------
VEND NO VENDOR NAME
00
01/31/2007
12/31/06N
INVOICE VOUCHER P.O.
00
BNK CHECK /DUE
ACCOUNT ITEM EXPENDITURE HAND - ISSUED
NO NO
NO
DATE
NO DESCRIPTION AMOUNT
0000346
SAN JOSE WATER
COMPANY
12/31/06K
003533
DO
01/31/2007
12/31/06L
003536
00
01/31/2007
12/31/06M
003538
00
01/31/2007
12/31/06N
003539
00
01/31/2007
12/31/06O
003540
DO
01/31/2007
12/31/06P
003542
00
01/31/2007
12/31/06Q
003544
00
01/31/2007
12/31/06R
003545
00
01/31/2007
12/31/065
003547
00
01/31/2007
215- 3215 - 532.41 -04
217- 3217 - 532.41 -04
222 - 3222 - 532.41 -04
224- 3224 - 532.41 -04
225- 3225 - 532.41 -04
226- 3226 - 532.41 -04
227- 3227 - 532.41 -04
229- 3229 - 532.41 -04
232- 3232 - 532.41 -04
LL12RF *DEC- BONNET WAY
LL12RF *DEC- SUNLAND PARK
LL12RF *DEC- PRIDES CROSSNC
LL12RF *DEC - VILLAGE COMML
LL12RF *DEC -MINA WAY
LL12RF *DEC - BELLGROVE
LL12RF *DEC- CUNNGHM /GLSGW
LL12RF *DEC- TOLLGATE
LL12RF *DEC - GATEWAY PROJ
VENDOR TOTAL
0001450 SANTA CLARA VALLEY WATER DISTRICT
GS042877 003421 00 01/31/2007 001- 3030 - 532.41 -04 PKOIJI *ORCHARD WATER
0000342
SARATOGA COMMUNITY
ACCESS TV
01/03/07
002604
00
01/31/2007
01/17/07
002605
00
01/31/2007
01/10/07
002620
00
01/31/2007
01/24/07
002621
DD
01/31/2007
0000005 SARATOGA DRAMA GROUP
0133 003653 00 01/18 /2007
0002919 SARATOGA HISTORICAL FOUNDATION
01/03/07 003394 00 01/23/2007
01 /09 /07SCHOPPE003400 00 01/09/2007
0004285 SATO, SANDRA REPOSH J
JAN 2007 003656 00 01/18/2007
0002814 SBC LONG DISTANCE
BAN -DEC06 003585 00 02/05/2007
0004308 SCHAAF S WHEELER CORPORATION
19098 003667 22428 00 01/31/2007
0004319 SCHAEFER, MATTHEW G.
01/14/07 003445 00 01/16/2007
0002281 SCHWAAB INC.
V34453 003392
332.51
26.85
88.88
293.69
130.14
232.23
269.45
90.55
74.68
4,301.11
146.03
00 01/05/2007 001- 1020 - 511.35 -21 MG12KC *SELF INKG STAMP
42.43
VENDOR TOTAL *
146.03
001- 7030 - 572.53
-71
GTOIKC *1 /03/07 CC MEETING
500.00
001 - 7030 - 572.53
-71
GTOIKC•1 /17/07 CC MEETING
500.00
001 - 7030 - 572.53
-72
GT0IKC *1/10/07 PC MEETING
500.00
001 - 7030 - 572.53
-72
GT01KC *1 /24/07 PC MEETING
500.00
VENDOR TOTAL *
2,000.00
290 -0000- 260.00
-00
RCOIKC *RENTAL DEP REFUND
300.00
VENDOR TOTAL *
300.00
001 - 1005 - 511.51
-35
CC12KC *2ND PMT - GRANT
5,000.00
001 - 7030 - 572.56
-74
GTOIRF *MUSTARD WALK
CHECK q: 104059 2,000.00
VENDOR TOTAL *
5,000.00
2,000.00
001- 1040 - 513.36
-72
FNOIKC *TEMP HOUSING -JAN
700.00
VENDOR TOTAL *
700.00
001 - 1050 - 513.41
-03
GS12RF *DEC -LONG DISTANCE
86.27
VENDOR TOTAL *
86.27
790 -4790- 622.52
-41
CP12RF *DEC -ENG'G CONSULTG
3,9BI.50
VENDOR TOTAL *
3,961.50
291 - 6010 - 564.51
-45
TNOIKC *STAFF -1/14 CONCERT
90.00
VENDOR TOTAL *
90.00
00 01/05/2007 001- 1020 - 511.35 -21 MG12KC *SELF INKG STAMP
42.43
PREPARED
01/23/2007, 14:21:40
WEINBERGER LLP
15763
EXPENDITURE APPROVAL LIST
PAGE 11
PROGRAM:
GM339L
003529
00
AS OF: 02/05/2007 CHECK DATE:
01/23/2007
CITY OF SARATOGA
00
01/23/2007
15630 A
003535
------------------------------------------------------------------------------------------------------------------------------------
VEND NO
VENDOR NAME
15763 B
003530
00
01/23/2007
INVOICE
VOUCHER P.O.
00
BNK CHECK /DUE
ACCOUNT ITEM
EXPENDITURE HAND- ISSUED
NO
------------------------------------------------------------------------------------------------------------------------------------
NO
NO
DATE
NO DESCRIPTION
AMOUNT
0002281
SCHWAAB INC.
ZA10KC *LGL SV- S.THNDR OCT
146.40-
605- 4605 - 444.50
V36836
D03422
439.20
00 01/11/2007
250- 4015 - 542.35 -21 IS12JI *SEAL /STAMPS
87 40
0002199 SHINN, CORINNE A.
01/14/07 003668 00 02/04/2007
0001843
SHUTE, MIHALY 6
WEINBERGER LLP
15763
003527
00
01/23/2007
15763 A
003529
00
01/23/2007
15630
003534
00
01/23/2007
15630 A
003535
00
01/23/2007
15763 B
003530
00
01/23/2007
15630 B
003537
00
01/23/2007
0004294 SIERRA DISPLAY, INC.
9642 003669 22386 00 01/21/2007
0002474 SIERRA PACIFIC TURF SUPPLY
0244088 -IN 003423 00 02/04/2007
0244089 -IN 003424 00 02/04/2007
0244049 -IN 003425 00 02/04/2007
0000272 SILICON VALLEY COMMUNITY
39731 003541 00 01/08/2007
0004127 SOIL ENGINEERING CONST., INC
4280 003670 22304 00 01/19/2007
0000379 STATE BOARD OF EQUALIZATION
12/31/06 003671 00 01/31/2007
0004321 THE KIPLINGER LETTER
12/29/06 003399 00 01/29/2007
0000345 THE MERCURY NEWS
12/11/06 003391 00 01/11/2007
0000413 UNIVERSAL SWEEPING SERVICE
INV060014765 003672 22312 00 01/19/2007
INV060014784 003673 22312 00 01/19/2007
VENDOR TOTAL *
129.83
250- 4010 - 542.55
-35
ZA12RF *01/10/07 PC MEETNG
450.00
VENDOR TOTAL *
450.00
250 - 4010 - 542.51
-32
ZA11KC *LGL SV- S.THNDR NOV
439.20
250 - 4010 - 444.50
-07
ZA11KC*LGL SV- S.THNDR NOV
439.20-
250- 4010 - 542.51
-32
ZA10KC*LGL SV- S.THNDR OCT
146.40
250- 4010 - 444.50
-07
ZA10KC *LGL SV- S.THNDR OCT
146.40-
605- 4605 - 444.50
-07
ZA11KC *LGL SV- S.THNDR NOV
439.20
605- 4605- 444.50
-07
ZAIOKC*LGL SV- S.THNDR OCT
146.40
VENDOR TOTAL *
585.60
001- 3030 - 532.52
-41
PK12RF *MINIATURE LIGHTS
5,103.99
VENDOR TOTAL *
5,103.99
001 - 3030 - 532.35
-22
PKOIJI* 36" RAKES
70.17
001- 3030 - 532.35
-22
PKDIJI* 30" & 36" RAKES
250.37
001 - 3030 - 532.35
-22
PK01JI *FERTILIZER
20.46
VENDOR TOTAL *
341.00
001 - 1030-511.35
-21
CK11KC *AD -ORD 245
204,75
VENDOR TOTAL *
204.75
001- 3005 - 532.52
-41
ST10RF *HAYMEADOW PROJ
21,147.70
VENDOR TOTAL *
21,147.70
001- 1035 - 512.50
-10
EQ10RF *FUEL TAX- OCT -DEC06
222.88
VENDOR TOTAL *
222.88
001- 1040 - 513.35
-52
FN12KC *SUBSCRIPTION
48.00
VENDOR TOTAL *
48.00
001 - 1020 - 511.36
-41
MG12KC- SUBSCRIP 1/7 -4/7
49.26
VENDOR TOTAL *
49,26
260 - 5015 - 552.54
260 - 5015 - 552.54
-37
-37
SW12RF *CITY ST SWEEP SVCS
SW12RF *CITY ST SWEEP SVCS
344.25
88.84
• • 4
PREPARED 01/23/2009, 14:21:40 EXPENDITURE APPROVAL LIST PAGE 12
PROGRAM: GM339L AS OF: 02/05/2009 CHECK DATE: 01/23/2007
CITY OF SARATOGA
------------------------------------------------------------------------------------------------------------------------------------
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. BNK CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND - ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
------------------------------------------------------------------------------------------------------------------------------ - - - - --
0000413 UNIVERSAL SWEEPING SERVICE
0000414 UNUM LIFE INS. CO. OF AMERICA
FEB 2007 003657 00 01/23/2007
0002682 VALLEY CREST LANDSCAPE
942064 003674 00 01/29/2007
0000418 VEGA, JOE
01/02/06 003396
0000179 VERIZON WIRELESS
2103164691
003586
2103164691A
003587
2103164691I
003595
2103164691E
003591
2103164691E
003592
2103164691E
003593
2303164691D
003590
2103164691C
003589
21031646918
003588
2103164691H
003594
0003915 WESTCO TRACTOR
19003 003426
00 01/23/2007
00 01/30/2007
00 01/30/2007
00 01/30/2007
00 01/30/2007
00 01/30/2007
00 01/30/2007
00 01/30/2007
00 01/30/2007
00 01/30/2007
00 01/30/2007
VENDOR TOTAL
001 -0000- 210.20 -09 PR02KC *LTD INSUR -02/07
VENDOR TOTAL
001 - 3030 - 532.57 -04 CF12RF *TREE RMVL -QUITO PK
VENDOR TOTAL *
001- 1045 - 513.56 -20 HR12KC *MED REIMS NOV -DEC
001- 1020 - 511.41 -03
001- 1050 - 513.41 -03
001- 1060 - 513.57 -93
001 - 3005 - 532.41 -03
001- 3030 - 532.41 -03
001- 3035 - 532.41 -03
250 - 2010 - 522.41 -03
250 - 4010 - 542.41 -03
250 - 4015 - 542.41 -03
260 - 5015 - 552.41 -03
VENDOR TOTAL
MGOIRF *SAN -CITY MANAGER
GSOIRF *JAN- GENERAL SVCS
FMOIRF *JAN - FACILITIES
CEOIRF *JAN -PW STREETS
PK01RF *JAN -PW PARKS
PK01RF•JM -PW ENG'G
CE01RF *JAN -CODE ENFORCMT
GSOIRF *JAN -CDD
GSOIRF *JAN -CDD INSPECTORS
SW01RF *JAN -PW ENG'G
VENDOR TOTAL
00 01/01/2007 001- 3030 - 532.35 -22 PX12JI *TRUCK PARTS
0004246
WESTERN TRUCK FABRICATION, INC
3165
003675 22425
00
01/21/2007
3165A
003616
00
01/21/2007
0003120
WHEEL WORKS
IN06187420
003677
00
01/19/2007
0000440
XEROX CORPORATION
022391791
003437
00
02/05/2007
022272249
003655
00
02/01/2007
0000443
ZEE MEDICAL SERVICE
66531860
003311
00
02/02/2007
66531862 A
003428
00
01/12/2007
66531862
003427
00
01/12/2007
VENDOR TOTAL
501 - 1091 - 532.60 -OS IS12RF *TRUCK ACCESSORIES
501- 1091 - 532.60 -05 IS12RF *TRUCK ACCESSORIES
VENDOR TOTAL
001- 1035 - 512.56 -15 EQ12RF *TIRE INSTAL - SATURN
VENDOR TOTAL
001- 1050 - 513.51 -71 GSOIKC *COPIERS LEASE- DEC
001- 1050 - 513.51 -71 GSOIKC *COPIERS SPL /SV DEC
VENDOR TOTAL *
001 - 1045 - 513.35 -21 HROIKC *FIRST AID SPLY
001 - 3005 - 532.35 -22 ST01JI *STREETS SUPPLIES
001- 3025 - 532.35 -22 MPOIJI *PARKS SUPPLIES
433.09
1,498.32
1,498.32
4,500.00
4,500.00
400.00
400.00
357.25
400.44
180.35
159.68
220.07
174.85
52.34
87.13
184.04
35.66
1,051.81
47.05
47.05
8,188.32
326.81
8,515.13
307.61
307.61
2,458.05
79.53
2,537.58
13.37
87.22
87.22
A
PREPARED 01/23/2007, 14:21:40 EXPENDITURE APPROVAL LIST PAGE 13
PROGRAM: GM339L AS OF: 02/05/2007 CHECK DATE: 01/23/2007
CITY OF SARATOGA
------------------------------------------------------------------------------------------------------------------------------------
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. DNK CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
0000443 ZEE MEDICAL SERVICE
20,463.07
570,820.48
VENDOR
TOTAL
187.81
0000005
ZHIHONG WANG
01/02/07
003678
00
02/02/2007
001- 1040- 413.05
-00
FNOIRF•BUS LIC FEE RFUND
166.00
VENDOR
TOTAL '
166.00
0003190
05 -03- 100 -601
12/11/06E
003142
00
01/26/2007
604 - 4604-444.50
-00
PD11RF•03 -100
DEP REFUND
4,150.00
VENDOR
TOTAL +
4,150.00
0003470
05- 04- 012 -601
12/11/06A
003138
00
01/26/2007
604- 4604 - 444.50
-00
PD11RF•04 -012
DEP REFUND
1,282.18
VENDOR
TOTAL
1,282.18
0003522
05 -04- 303 -601
12/11/06
003137
00
01/26/2007
604 - 4604 - 444.50
-00
PD11RF•04 -303
DEP REFUND
824.56
VENDOR
TOTAL '
824.56
0003178
05 -05 -116 -601
12/11/06D
003141
00
01/26/2007
604- 4604- 444.50
-00
PD11RF•05 -116
DEP REFUND
862.95
VENDOR
TOTAL *
862.95
0004008
06 -06 -029 -601
12/11/06B
003139
00
01/26/2007
605 -4605- 444.31
-00
PD11RF•04 -012
DEP REFUND
2,500.00
VENDOR
TOTAL •
2,500.00
0004043
06 -06- 122- 601 -TMS
12/11/06C
003140
00
01/26/2007
605 - 4605 - 444.31
-00
PD11RF +06 -122
DEP REFUND
2,104.94
VENDOR
TOTAL •
2,104.94
TOTAL EXPENDITURES + *•*
550,357.41
GRAND TOTAL +
+ + + +• +• *•*
20,463.07
570,820.48
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM: 3D
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY:
DEPT HEAD:
SUBJECT: Resolution Amending Council Agency and AdHoc Committee Liaison
Assignments
RECOMMENDED ACTION:
Adopt resolution.
REPORT SUMMARY:
The City Council reorganized on December 6, 2006 for the coming year and assignments to
various agencies and adhoc committees were adopted by Resolution 06 -093. Mayor Kao was
appointed to serve as the City's representative on the Recycling & Waste Reduction Commisison
of Santa Clara County. Staff was recently informed that the Santa Carla County Cities
Association makes that particular appointment. Since Mayor Kao has once less commitment she
offered to be reassigned one of Vice Mayor Waltonsmith's appointments.
The following change to the Santa Clara County Valley Water Commission has been requested
by the Mayor and is reflected in the attached resolution:
Agency
Santa Clara County Valley Water
Commisison
FISCAL IMPACTS:
N/A
Councilmember Alternate
Wal
wmit = Kao Hunter
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Disseminate information to the Santa Clara County Valley Water Commisison.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENT:
Attachment A — Resolution 06 -093
Attachment B — Proposed Resolution Amending 06 -093
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Ma TY MANAGER: / '✓L
i 3z"EPT PREPARED BY: ( HEAD:
Barbara Powell, Assistant City Manager
SUBJECT: City of Saratoga's Local Hazard Mitigation Plan ANNEX pursuant to
the Disaster Mitigation Act of 2000
RECOMMENDED ACTION(S):
Authorize the City Manager to submit the Local Hazard Mitigation Plan (LHMP) Annex
and mitigation matrices to the Association of Bay Area Governments (ABAG) and the
Federal Emergency Management Agency (FEMA) for their review and comment.
REPORT SUMMARY:
The City's LHMP is being introduced at the February 7, 2007 City Council meeting in
order to obtain feedback and comments from the Council and public. Changes requested
at the meeting will be incorporated into the document, which will then be routed through
the following process:
• Submittal to ABAG for review and comments; returned to City staff if changes
need to be made.
• (If necessary) resubmitted to ABAG.
• Submittal to FEMA for review and comments; returned to the City for changes.
• City Council adoption of the ABAG report "Taming Natural Disasters ", together
with the annex and mitigation matrices, as the Town's LHMP.
BACKGROUND:
In 2000, the federal government passed the Disaster Mitigation Act of 2000 (DMA
2000), which requires all state and local governments (cities, counties and special
districts) to develop comprehensive LHMPs as a condition of eligibility for future hazard
mitigation grants. FEMA is responsible for the implementation of DMA 2000.
1 of 3
DMA 2000 amended the Robert T. Stafford Disaster Assistance and Emergency Relief
Act (Stafford Act) and was designed to:
• Establish a national program for pre- disaster mitigation;
• Streamline the administration of disaster relief, and
• Control federal costs related to disaster assistance.
DMA 2000 pertains only to the disaster mitigation portion of federal disaster assistance,
which is approximately 15% of the nation -wide disaster funding allocation. The other
85% of disaster funding pays for recovery - related assistance. An example of mitigation
fundin is illustrated by a proposal Santa Clara County submitted, which seeks grant
funding to raise a bridge so that it isn't periodically inundated by flood waters. An
example of recovery funding is the assistance New Orleans is receiving to deal with the
aftermath of Hurricane Katrina.
Fortuitously, ABAG applied for, and received a grant from FEMA to prepare a Multi -
jurisdictional Hazard Mitigation Plan that fulfills the main requirements of DMA 2000.
The City of Saratoga may "sign on" to this multi jurisdictional plan by approving the
ABAG report "Taming Natural Disasters" ( *Attachment "A ") as the City's LHMP, and
by submitting:
1. An LHMP "annex" (Attachment `B ") describing the City's individual and
specific characteristics and circumstances and the process we have used to
prepare the annex; and
2. Eight "Mitigation Strategies" matrices ( *Attachment "C ") — infrastructure, health,
housing, economy, government, education, environment and land use — which
detail specific projects /programs we are already, or will in the future undertake to
plan for, and mitigate potential hazards.
The Sheriff's Office, Santa Clara County Fire Department and Saratoga Fire Protection
District have reviewed and commented on the draft.
In future, when a review and update is done for the Seismic Safety and Safety Element of
the General Plan, the City should also review and, if necessary amend the LHMP annex,
with the intention of incorporating it as an Implementation Appendix to the Element.
*Attachments "A" and "C" are quite voluminous. Therefore, in an effort to operate in a
more environmentally - sustainable fashion, staff has attached for your review:
• The table of contents and the first three pages of Attachment "A"; and
• One of the eight Mitigation Strategy matrices — Attachment "C"
Staff has separately e- mailed to you the entire text of Attachment "A" and all eight
matrices. These documents are also available in hard copy at the City Clerk's Office. In
addition, if you desire hard copies of these materials, they will be provided upon request.
2 of 3
FISCAL IMPACTS:
There is no immediate fiscal impact associated with this recommendation.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City will be ineligible to apply for FEMA disaster mitigation grant funding.
ALTERNATIVE ACTION(S):
None recommended.
FOLLOW UP ACTION(S):
Execute Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Noticed as a public hearing.
ATTACHMENTS:
Attachment "A" — ABAG report "Taming Natural Disasters" (sample)
Attachment `B" — LHMP Annex
Attachment °C" — Mitigation Strategies matrix "Infrastructure"
3 of 3
Attachment "A"
Taming Natural
Disasters
Multi - Jurisdictional
Local Government
Hazard Mitigation Plan
for the San Francisco
Bay Area
Adopted by ABA& Executive Board - March 17, 2005
A55OCIATION OF BAY AREA GOVERNMENTS
BACKGROUND
The purpose of this Local Hazard Mitigation Plan document is to serve as a catalyst for
a dialog on public policies needed to mitigate the natural hazards that affect the San
Francisco Bay Area.
The overall strategy is to use this multi - jurisdictional effort to not only maintain and
enhance the disaster resistance of our region, but also to fulfill the requirements of the
Disaster Mitigation Act of 2000 for all local governments to develop and adopt this type
of plan.
For purposes of this plan, local governments include not only the cities and counties of
our region, but also special districts with elected boards.
For information complete information on ABAG's Local Hazard Mitigation Planning
Effort, including interactive hazard mapping and risk assessment, see our Internet site
at: http: / /cualce.abag.ca.gov /mitigation
ABAG Publication Number: P05001EQK
Taming Natural Disasters ii March 17, 2005
Table of Contents
Background....................................................... ...............................
Credits................................................................. ...............................
Goals.................................................................... ...............................
OurChallenge ......................................... ...............................
OverallGoal ............................................ ...............................
Commitments.......................................... ...............................
Implementation Strategies ............................... ...............................
Background on Implementation Strategy Organization ........
Strategies and Priorities .......................... ...............................
1. Infrastructure (INFR) .......................... ...............................
2. Health (HEAL) .................................... ...............................
3. Housing (HSNG) ................................ ...............................
4. Economy (ECON) ............................... ...............................
5. Government Services (GOVT) ........... ...............................
6. Education (EDUC) .............................. ...............................
7. Environment (ENVI) .......................... ...............................
8. Land Use (LAND) .............................. ...............................
page
................. ii
................ iv
..................1
..................1
..................1
..................2
..................3
..................3
..................4
..................5
................10
................I I
................18
................24
................27
................28
................30
Appendices
A— The Planning Process .............................................................................. ............................... 32
B — The Plan Maintenance and Update Process ............................................ ............................... 39
C — Natural Hazards Risk Assessment ............................................................ ............................... 41
D— Disaster History ........................................................................................ ............................... 74
E — Record of Plan Participation .................................................................... ............................... 86
Annexes
Annexes for ABAG and other local governments in the Bay Area are appended to this Local
Hazard Mitigation Plan.
Taming Natural Disasters iii March 17, 2005
Credits
Principal Project Manager:
Jeanne B. Perkins — Earthquake Program Manager, Association of Bay Area Governments
ABAG Staff Support:
Brian Kirking — Senior Planner and Data Analyst
Jennifer Shanks — Planning and GIS Assistant
Kearey Smith — GIS Manager (through September 2004)
Michael Smith — Planner (through September 2004) and GIS Manager (starting in October 2004)
ABAG Management:
Hemy Gardner — Executive Director
Janet McBride — Planning Director
The writing and production of this report was funded by Grant No. PDM -03 PL04 from the Department of
Homeland Security's Federal Emergency Management Agency (FEMA) through the California Governor's Office
of Emergency Services, as well as by the Association of Bay Area Governments and, through in -kind services, the
local governments of the Bay Area.
Taming Natural Disasters iv March 17, 2005
Goats
Our Challenge
The San Francisco Bay Area is in a spectacular region with valleys and ridges, views and access
to rivers, the ocean, and the Bay, and a mild climate. It is also home to 7 million people and has
a $400 billion economy.
But many of those ridges and valleys have been formed by active earthquake faults that can
generate devastating shaking and ground failures. The typically mild climate is subject to
occasional winter storms leading to landslides in the hills and flooding of the valleys. During the
fire season, typically from May through November, the region is subject to periods of Diablo
Winds bringing high temperatures, gusting winds, and low humidity. Tinder -dry trees, brush,
and grasslands are subject to fires that can become catastrophic on the edges of urban
development. Given an increasingly mobile population, our citizens and crops are subject to
disease epidemics. Natural disasters can lead to secondary events that are disasters in
themselves, including hazmat releases and dam failures. During the period from 1950 — 2000, all
or part of the Bay Area was subjected to 56 disasters, or about a third of the 181 occurring in the
entire State of California during that time 2.
These hazards are not new, and neither are the risks to lives, property, the environment, and our
economy. Bay Area local governments, together with private utilities and the state, have created
programs and regulations that are as creative and comprehensive as any region in the world.
Overall Goal
To maintain and enhance a disaster- resistant region by reducing the potential loss of life,
property damage, and environmental degradation from natural disasters, while accelerating
economic recovery from those disasters.
We need to continue to work to reduce and avoid risks from natural hazards to protect lives,
property, the environment, and our economy.
This natural hazard mitigation plan is a joint effort by the cities, counties, and special districts in
the Bay Area to build a more disaster - resistant region. We recognize that disasters do not respect
the boundaries between our individual jurisdictions and have worked together to identify our
hazards, assess our risks, and develop this goal, eight commitments, and a comprehensive list of
strategies (or actions) to mitigate the identified risks.
We view this plan as a shared mental model of our overall goal, commitments, and mitigation
actions. We can no longer afford random acts ofpreparedness and mitigation.
' Fassinger and others, 2003 — ABAG's Projections 2003. Economy is based on annual Gross Regional Product
(GRP).
2 California Governor's Office of Emergency Services database of disasters and major states of emergencies.
Taming Natural Disasters 1 March 17, 2005
Commitments
The overall goal is being addressed by asking all local governments in the Bay Area to adopt
formal resolutions in support of the following eight commitments areas. These commitments
are not organized by hazard, but by the types of services supplied either directly, or indirectly, by
local governments. With this organization, each of the Bay Area's cities and counties should
find ways to address these major commitments by reducing identified risks. In addition, the Bay
Area's special districts can address many of these commitments, depending on the role and
responsibilities of that district. Together, we are committed to increasing the disaster
resistance of the infrastructure, health, housing, economy, government services, education,
environment, and land use systems in the Bay Area.
1. Infrastructure
Bay Area transportation and utility facilities and networks are vital lifelines during and following
disasters, as well as in the functioning of our region and its economy.
2. Health
Bay Area facilities, networks, and systems providing care of sick and those with special needs
need to be resilient after disasters for these systems will need to care for additional injured at the
same time as those currently cared for are stressed.
3. Housing
Bay Area residents need to have safe and disaster - resistant housing that is architecturally diverse
and serves a variety of household sizes and incomes.
4. Economy
Safe, disaster - resilient, and architecturally diverse downtown commercial areas, business and
industrial complexes, and office buildings are essential to the overall economy of the Bay Area.
5. Government Services
Bay Area city and county governments, as well as community services agencies, provide
essential services during and immediately following disasters, as well as critical functions during
recovery, that need to be resistant to disasters.
6. Education
Safe and disaster - resistant school, education, and childcare - related facilities are critical to the
safety of our children, as well as to the quality of life of Bay Area families.
7. Environment
Disaster resistance needs to further environmental sustainability, reduce pollution, strengthen
agriculture resiliency, and avoid hazardous material releases in the Bay Area.
8. Land Use
Land use change needs to be accompanied by a respect for hazardous areas and facilities, as well
as recognize the interconnected nature of the Bay Area.
Taming Natural Disasters 2 March 17, 2005
Implementation Strategies
Background on Implementation Strategy Organization
The implementation strategies, or action items, are listed under the eight major commitments
identified on the previous page, rather than by hazard. As stated in the previous section, with
this organization, each of the Bay Area's cities and counties should find ways to address these
major commitments by reducing identified risks. In addition, the Bay Area's special districts can
address many of these commitments, depending on the role and responsibilities of that district.
Any scheme to identify a comprehensive list of potential strategies is bound to have some
overlaps. This list is no exception. Because those ideas listed under housing and economy have
at their core the relationship between government and the people who live and work in their
jurisdictions, there is overlap. City and counties, as well as special districts handling lifelines
and schools, have buildings that are critical to their functioning, so there is duplication in the
discussion of these issues.
Most of the strategies listed are clearly within the definition of "hazard mitigation, " that is,
"any action taken to reduce or eliminate the long -term risk to human life and property from
natural hazards. " 3 The strategies address all of the hazards identified when performing the risk
assessment work described in Appendix C. In addition, there are four notable areas where we
have "pushed" this definition.
• The first is in the area of public education. Author Stephen Flynn notes in his 2004 book' in a plea for
greater public education following 9/11 that federal "security officials often act as though members of the
American public are either potential recruits for an easily panicked mob or a passive part of a haystack
that must constantly be sifted through to find terrorist needles." The Bay Area learned this lesson twelve
years earlier in 1989 as a result of the Loma Prieta earthquake. People who live and work in our region
also need to understand our hazards so that they can take appropriate mitigation measures in their homes,
schools, and work places.
• Second, we have included under Government Services several ideas to "Maintain and Enhance Local
Government's Emergency Response and Recovery Capacity." These ideas have been included because
we believe that many go well beyond the traditional response activities of city and county police and fire
services.
♦ Several strategies are drafted so that they apply to natural — and security — hazards, such as the mitigation
of disasters resulting from weapons of mass destruction. Hazmat releases and dam failures due to
flooding, earthquakes, or terrorism have some similar impacts and therefore some similar mitigation
strategies. Some methods of combating "common" crime and violence may deter major terrorist actions.
♦ Finally, the strategies dealing with health, both under the Health commitment, as well as sprinkled
elsewhere in this document, have traditionally been funded by the Centers for Disease Control and
Prevention (CDC), rather than FEMA. They also may involve the use of the National Disaster Medical
System under U.S. Health and Human Services (including both uniformed and non - uniformed medical
personnel under the U.S. Surgeon General). We view this Local Hazard Mitigation Plan, while a
requirement of the Disaster Mitigation Act of 2000 being administered by FEMA, as an opportunity to
build administrative bridges in the public health field. For example, local government actions to deal
with managing "natural" deadly pathogens such as SARS, AIDS, West Nile, and mad cow disease in an
increasingly mobile world can also assist in the response to bioterrorism.
Stafford Act (44 CFR 206:401)
° Flynn, Stephen. 2004. America the Vulnerable: How Our Government Is Failing to Protect Us from Terrorism.
HarperCollins Publishers, New York, page 160.
Taming Natural Disasters 3 March 17, 2005
Attachment °B"
ANNEX
Local Hazard Mitigation Plan
City of Saratoga
Introduction
The City of Saratoga is a small -sized city located in the western region of Santa Clara County,
California. The City has a population of 29,843 people, based on the 2000 census'. For Fiscal
Year 2006/2007, the City's total general fund budget is $10,807,400. The City employs 56 full
time equivalents with additional temporary and seasonal workers. Law enforcement services are
provided under contract with the Santa Clara County Sheriff's Office, and fire services are
provided jointly by the Santa Clara County Fire Department and the Saratoga Fire Protection
District.
The Planning Process
The process of preparing this plan was familiar to the City of Saratoga. The City has a Seismic
Safety and Safety Element to its General Plan that includes a discussion of fire, earthquake,
hazardous materials and flooding hazards. In addition, the City routinely enforces the
requirements of the California Environmental Quality Act (CEQA), which, since 1988, have
required mitigation for identified natural hazards. The City's effort has focused on building on
these pre- existing programs and identifying gaps that may lead to disaster vulnerabilities, in
order to work on ways to address these risks through mitigation.
Many of the activities conducted by the City of Saratoga were fed into the planning process for
the multi - jurisdictional plan. The City participated in various ABAG workshops and meetings,
including the general "kick -off' meeting. In addition, the City has provided written and oral
comments on the multi jurisdictional plan. Finally, the City provided information on facilities
that are viewed as "critical" to ABAG.
Key staff met to identify and prioritize mitigation strategies appropriate for the City. Staff
involved in these meetings included the Community Development Director, Building Official,
Public Works Director and Assistant City Manager, who is also the City's Emergency Services
Manager, together with representatives from the Santa Clara County Sheriffs Office, Santa
Clara County Fire Department and Saratoga Fire Protection District. The City provided the
opportunity for the public to comment on the DRAFT mitigation strategies selected by City staff
at the City Council meeting on January 17, 2007. The resolution adopting the plan and strategies
will be on the City Council agenda for . The mitigation strategies will
become an implementation appendix to the Seismic Safety and Safety Element.
For complete Census information on this city, see..bttp://www.bavareacensus.ca.gov/.
Hazard and Risk Assessment
The ABAG multi - jurisdictional Local Hazard Mitigation Plan, to which this is an Annex, lists
nine hazards that impact the Bay Area, five related to earthquakes (faulting, shaking, earthquake -
induced landslides, liquefaction, and tsunamis) and four related to weather (flooding, landslides,
wildfires, and drought). These hazards also impact this community, except for tsunamis, based
on the City of Saratoga's location in the Bay Area.
The City has undertaken a number of general hazard mapping activities, which are included in
the Seismic Safety and Safety Element. These maps may not be as current as those shown on the
ABAG website at http:// auake.abaii.ea.2ov/hnitigatiov /.
Information on disasters declared in Santa Clara County is available at
http: / /aua ke.abae.ca.eov /mitigation /disaster- historv.html.
The City examined the hazard exposure of City urban and non -urban land based on the
information on ABAG's website at http: / /auake.aba2.ca.gov /mitigation /pickdbh2.litml. Of the 7,785
acres (7,242 urban and 544 non -urban) in the City,
Earthquake faulting — Maps of Known Active Near - Source Zones prepared for use
with the 1997 Uniform Building Code indicate that most of the City is located within
2 km of a designated active Type B fault termed the "Monte Vista - Shannon Fault ".
This seismic source actually includes several different traces of front -range thrust
faults including the Berrocal, Monta Vista, Shannon and other unnamed and poorly
identified faults of uncertain activity. The activity and locations of these fault traces
is currently a subject of ongoing research by the U.S. Geological Survey. New
residential development proposed over or near these fault traces must be supported by
a Fault Hazard Investigation (report) that is evaluated during the City's Geotechnical
Peer Review process.
• Earthquake shaking — 7,752 acres are in the two highest categories of shaking
potential, in large part because of the City's location on the Santa Clara Valley floor.
• Earthquake- induced landslides — the California Geological Survey has reported 3,677
acres are not in their study zone, 498 acres are within their study zone and 3,611 have
not yet been evaluated.
• Earthquake liquefaction — 960 acres are in areas of moderate, high, or very high
liquefaction susceptibility.
Tsunamis — Based on the City's location, tsunamis are not a hazard in the City of
Saratoga.
Flooding — 104 acres are in the 100 -year flood plain, while an additional 7,392 acres
are in other less flood -prone areas; the remainder is not subject to flooding.
♦ Landslides — 482 acres were classified as within a "mostly landslide area" while
2,688 acres were designated "few landslides"; the remainder had no landslides.
Wildfires — 5,822 acres are in wildland -urban interface threat areas although only 466
acres were considered high, 254 very high and 0 extreme threat.
Dam Inundation — 77 acres are subject to dam inundation.
• Drought — all 7,785 acres are subject to drought.
City of Saratoga - Annex 2 1/3/2007
The City also examined the hazard exposure of infrastructure based on the information on
ABAG's website at http: // quake. abaEi.ca.eov /niitieation /pickdbh2 html. Of the 179 miles of roadway
in the City,
♦ Earthquake faulting — See urban and non -urban land use above.
• Earthquake shaking — 178 miles of roadway are within the highest two categories of
shaking potential.
• Earthquake- induced landslides
Geological Survey has included
evaluated.
— of the 179 miles of roadway, the California
12 miles in their study zone; 17 miles have yet to be
• Earthquake liquefaction — 24 miles of roadway are in areas of moderate, high, or very
high liquefaction susceptibility.
♦ Tsunamis — Based on the City's location, tsunamis are not a hazard in the City of
Saratoga.
♦ Flooding — 2 miles of roadway are in the 100 -year flood plain, while an additional
170 miles are in other less flood -prone areas; the remainder is not subject to flooding.
♦ Landslides — 7 miles of road are within existing landslide areas and an additional 48
miles were designated as subject to few landslides.
♦ Wildfires — 13 miles of roadway are subject to high or very high wildfire threat; 117
miles of roads are in wildland -urban interface threat areas.
♦ Dam Inundation — 2 miles of roadway are in an area subject to dam inundation.
• Drought — is not a hazard for roadways.
Finally, the City examined the hazard exposure of critical health care facilities, schools, and city -
owned buildings based on the information on ABAG's website at
http: // quake. abat. ca .eov /mitieation /pickcrit.html. Of the critical facilities in the City,
♦ Earthquake faulting — See urban and non -urban land use above.
♦ Earthquake shaking — Three long term care facilities, 11 schools, and 31 public
facilities (owned by the City, County or a school district) are in the highest two
categories of shaking potential.
• Earthquake- induced landslides — no critical facilities are located in such areas.
♦ Earthquake liquefaction — No critical health care facilities are in areas of moderate,
high, or very high liquefaction susceptibility. However, three City -owned facilities
and one school are located in an area of moderate earthquake liquefaction
susceptibility.
♦ Tsunamis — Based on the City's location, tsunamis are not a hazard in the City of
Saratoga.
• Flooding — Four city -owned facilities are in the 100 -year flood plain. Two long term
health care facilities, 12 schools, 27 public facilities are located in other less flood-
prone areas.
♦ Landslides — One long term care facility and one public facility are located in areas
with "few landslides "; 9 public facilities are in locations designated "mostly a
landslide area"
• Wildfires — one public facility is located in a very high wildfire threat area.
• Dam Inundation —No critical facilities are subject to dam inundation.
♦ Drought —Drought will not affect city buildings directly. Additionally, the City does
not operate a water - supply distribution system.
City of Saratoga - Annex 3 1/3/2007
In spite of the areas of the City located in flood -prone areas, there are no repetitive loss
properties in the City based on the information at htta:// quake. abae. ca .sov /ndtieation /aicktlood.htmi.
The City plans to work with ABAG during 2007 to improve the risk assessment information
being compiled by ABAG by providing information on unreinforced masonry buildings and soft -
story apartments located in the City.
Drought, though a potential problem in the City, is not fully assessed. The City will work with
ABAG and various water supply agencies on this issue.
The City plans to work with ABAG to develop specific information about the kind and level of
damage to buildings, infrastructure, and critical facilities which might result from any of the
hazards previously noted.
As these impacts are not fully developed, the City has reviewed the hazards identified and ranked
the hazards based on past disasters and expected future impacts. The conclusion is that
earthquakes (particularly shaking) and flooding pose a significant risk for potential loss.
Mitigation Activities and Priorities
As a participant in the ABAG multi - jurisdictional planning process, City of Saratoga staff helped
in the development and review of the comprehensive list of mitigation strategies in the overall
multi jurisdictional plan. The list was discussed at various meetings with the Community
Development Director, Building Official, Public Works Director, Assistant City Manager and
representatives from the Santa Clara County Sheriffs Office, Santa Clara County Fire
Department and Saratoga Fire Protection District. At these meetings, all of the mitigation
strategies were reviewed. The tentative decision on priority was made based on a variety of
criteria, not simply on an economic cost - benefit analysis. These criteria include being
technically and administratively feasible, politically acceptable, socially appropriate, legal,
economically sound, and not harmful to the environment or our heritage.
Over time, we are committed to developing better hazard and risk information to use in making
those trade -offs. We are not trying to create a disaster -proof region, but a disaster - resistant one.
In addition, several of the strategies involve existing City programs.
These draft priorities were submitted to the City Manager, Santa Clara County Fire, Saratoga
Fire Department and the Santa Clara County Sheriff's Office for review. The draft priorities
were then provided to the City Council on January 17, 2007. The public was provided with an
opportunity to comment on the DRAFT priorities. The final strategies (as shown in the attached
Table) will become an Implementation Appendix to the City's Seismic Safety and Safety
Element.
The Plan Maintenance and Update Process
City of Saratoga - Annex 4 1/3/2007
The City Manager's Office will ensure that monitoring of this Annex will occur. The plan will
be monitored on an on -going basis. However, the major disasters affecting our community, legal
changes, notices from ABAG as the lead agency in this process, and other triggers will be used.
Finally, the Annex will be a discussion item on the agenda of the meeting of City department
heads at least once a year in April. At that meeting, the department heads will focus on
evaluating the Annex in light of technological and political changes during the past year or other
significant events. This group will be responsible for determining if the plan should be updated.
The City of Saratoga is committed to reviewing and updating this plan annex at least once every
five years, as required by the Disaster Mitigation Act of 2000. The City's Assistant City
Manager will contact ABAG four years after this plan is approved to ensure that ABAG plans to
undertake the plan update process. If so, the City again plans to participate in the multi -
jurisdictional plan. If ABAG is unwilling or unable to act as the lead agency in the multi -
jurisdictional effort, other agencies will be contacted, including the County's Office of
Emergency Services. Counties should then work together to identify another regional forum for
developing a multi - jurisdictional plan.
The public will continue to be involved whenever the plan is updated and as appropriate during
the monitoring and evaluation process. Prior to adoption of updates, the City will provide the
opportunity for the public to comment on the updates. A public notice will be posted prior to the
meeting to announce the comment period and meeting logistics.
City of Saratoga - Annex 5 1/3/2007
Attachment "C"
Specific Mitigation Strategy
INFR - a - Multihazard
Infrastructure Miti
1) Assess the vulnerability of critical facilities designated
by lifeline operators to damage in natural disasters or
security threats, including facilities owned outside of the
Bay Area that can impact service delivery within the
region. Note - Lifeline agencies, departments, and
districts are those that operate transportation and utility
facilities and networks.
2) Comply with State of California and federal
requirements to assess the vulnerability of dams to
damage from earthquakes, seiches, landslides,
liquefaction, or security threats.
3) Encourage the cooperation of utility system providers
and cities, counties, and other special districts to
develop strong and effective mitigation strategies for
infrastructure systems and facilities.
4) Retrofit or replace critical lifeline facilities and/or their
backup facilities that are shown to be vulnerable to
damage in natural disasters.
5) Support and encourage efforts of other (lifeline)
agencies as they plan for and arrange financing for
seismic retrofits and other disaster mitigation strategies.
(For example, a city might pass a resolution in support
of a transit agency's retrofit program.)
1 of 8
The City is in agreement
X with this strategy, however,
we do not have a lead role
its implementation.
X
The City is in agreement
X with this strategy, however,
we do not have a lead role in
its implementation.
The City is in agreement
X with this strategy, however,
we do not have a lead role
its implementation.
The City is in agreement
X with this strategy, however,
we do not have a lead role
its implementation.
0 0
Ordinance or Resolution # (i
z z
(D
Responsible Agency or
existing program), Estimates
6 l-
Department
1Very f
Cost
a`
L
6
CO)
Program,
Agency (if high priority),
m
=
m
cn
as n w
d
High, High, or Under
Estimated Date of
°
Study)
Completion (if study) OR
X
w
>_
o
c
Z)
0 n o
z¢ U
0
z
Other Comments
1 of 8
The City is in agreement
X with this strategy, however,
we do not have a lead role
its implementation.
X
The City is in agreement
X with this strategy, however,
we do not have a lead role in
its implementation.
The City is in agreement
X with this strategy, however,
we do not have a lead role
its implementation.
The City is in agreement
X with this strategy, however,
we do not have a lead role
its implementation.
rrnrastructure MILT
6) Plan for speeding the repair and functional restoration
of lifeline systems through stockpiling of shoring
materials, temporary pumps, surface pipelines, portable
hydrants, and other supplies, such as those available
through the Water Agency Response Network (WARN).
7) Engage in, support, and /or encourage research by
others on measures to further strengthen
transportation, water, sewer, and power systems so
that they are less vulnerable to damage in disasters.
8) Pre - position emergency power generation capacity (or
have rental /lease agreements for these generators) in
critical buildings of cities, counties, and special districts
to maintain continuity of government and services.
9) Have back -up emergency power available for critical
intersection traffic lights.
10) Develop unused or new pedestrian rights -of -way as
walkways to serve as additional evacuation routes
(such as fire roads in park lands).
11) Coordinate with PG &E and others to investigate ways
of minimizing the likelihood that power interruptions will
adversely impact vulnerable communities, such as the
disabled and the elderly.
12) Encourage replacing aboveground electric and phone
wires and other structures with underground facilities,
and use the planning - approval process to ensure that
all new phone and electrical utility lines are installed
underground.
13) Coordinate with the State Division of Safety of Dams to
ensure an adequate timeline for the maintenance and
inspection of dams, as required of dam owners by State
law.
14) Encourage communication between State OES, FEMA,
and utilities related to emergencies occurring outside of
the Bay Area that can affect service delivery in the
region.
X
91
0
L
2 of 8
E
5
1.1
Facilities Division
Public Works
Department
X Public Works
Department
X
Public Works
Department
The City is in agreement
with this strategy, however,
we do not have a lead role
its implementation.
The City is in agreement
with this strategy, however,
we do not have a lead role in
its implementation.
Infrastructure M
15) Ensure that transit operators, private ambulance
companies, cities, and /or counties have mechanisms in
place for medical transport during and after disasters
that take into consideration the potential for reduced
capabilities of roads following these same disasters.
16) Effectively utilize the Transportation Management
Center (TMC), the staffing of which is provided by
Caltrans, the CHP and MTC. The TMC is designed to
maximize safety and efficiency throughout the highway
system. It includes the Emergency Resource Center
(ERC) which was created specifically for primary
planning and procedural disaster management.
INFR - b - Earthquakes
1) Expedite the funding and retrofit of seismically - deficient
city- and county -owned bridges and road structures by X
working with Caltrans and other appropriate
governmental agencies.
2) Establish a higher priority for funding seismic retrofit of
existing transportation and infrastructure systems (such
as BART) than for expansion of those systems.
3) Include "areas subject to high ground shaking,
earthquake- induced ground failure, and surface fault
rupture" in the list of criteria used for determining a
replacement schedule for pipelines (along with
importance, age, type of construction material, size,
condition, and maintenance or repair history).
4) Install specially- engineered pipelines in areas subject to
faulting, liquefaction, earthquake- induced landsliding, or
other earthquake hazard.
5) Replace or retrofit water - retention structures that are
determined to be structurally deficient.
6) Install portable facilities (such as hoses, pumps,
emergency generators, or other equipment) to allow
pipelines to bypass failure zones such as fault rupture
areas, areas of liquefaction, and other ground failure
areas (using a priority scheme if funds are not available
for installation at all needed locations).
3 of 8
X
X Public Works
Department
Public Works
Department
The City is in agreement
with this strategy, however,
we do not have a lead role
its implementation.
The City agrees with this
X strategy. We do not have
lead role in implementation.
X
E
EI
urnrastruciure m
connections when
enter and exit bridges.
8) Comply with all applicable building and fire codes, as
well as other regulations (such as state requirements
for fault, landslide, and liquefaction investigations in X
particular mapped areas) when constructing or
significantly remodeling infrastructure facilities.
9) Clarify to workers in critical facilities and emergency
personnel, as well as to elected officials and the public,
the extent to which the facilities are expected to perform
only at a life safety level (allowing for the safe
evacuation of personnel) or are expected to remain
functional following an earthquake.
10) Examine the feasibility of developing a water -borne
transportation "system" — comprised mainly of relatively
inexpensive barges — across the Bay for use in the
event of major earthquakes. Implementation of such a
system could prove extremely useful in the event of
structural failure of either the road - bridge systems or
BART and might serve as an adjunct to existing
transportation system elements in the movement of
large numbers of people and /or goods.
INFR - c - Wildfire
1) Ensure a reliable source of water for fire suppression
(meeting acceptable standards for minimum volume
and duration of flow) for existing and new development. X
2) Develop a coordinated approach between fire
jurisdictions and water supply agencies to identify
needed improvements to the water distribution system, X
initially focusing on areas of highest wildfire hazard.
3) Develop a defensible space vegetation program that
includes the clearing or thinning of (a) non -fire resistive
vegetation within 30 feet of access and evacuation
roads and routes to critical facilities, or (b) all non - native X
species (such as eucalyptus and pine, but not
necessarily oaks) within 30 feet of access and
evacuation roads and routes to critical facilities.
4 of 8
n
X
X
X
lies
Public Works
Department & Facilities
Division
Saratoga Fire Protection
District and Santa Clara
County Fire Department
Saratoga Fire Protection
District, Santa Clara
County Fire Dept. & Sc
Valley Water Dist.
Saratoga Fire Protection
District and Santa Clara
County Fire Department
Infrastructure
4) Ensure all dead -end segments of public roads in high
hazard areas have at least a T" intersection turn-
around sufficient for typical wildland fire equipment.
5) Enforce minimum road width of 20 feet with an
additional 10 -foot clearance on each shoulder on all
driveways and road segments greater than 50 feet in
length in wildfire hazard areas.
6) Require that development in high fire hazard areas
provide adequate access roads (with width and vertical
clearance that meet the minimum standards of the Fire
Code or relevant local ordinance), onsite fire protection
systems, evacuation signage, and fire breaks.
7) Ensure adequate fire equipment road or fire road
access to developed and open space areas.
8) Maintain fire roads and /or public right -of -way roads and
keep them passable at all times.
IFR - d - Flooding
1) Conduct a watershed analysis of runoff and drainage
systems to predict areas of insufficient capacity in the
storm drain and natural creek system.
2) Develop procedures for performing a watershed
analysis to look at the impact of development on
flooding potential downstream, including communities
outside of the jurisdiction of proposed projects.
X Public Works Dept.
Saratoga Fire Protection
X District and Santa Clara
County Fire Department
Saratoga Fire Protection
X District and Santa Clara
County Fire Department
X SFPD and SCCFD
X Public Works Dept.
X Santa Clara Valley
Water District
Y Santa Clara Valley
Water District
3) Conduct a watershed analysis at least once every three X Santa Clara Valley
years. Water District
4) Assist, support, and /or encourage the U.S. Army Corp
of Engineers, various Flood Control and Water
Conservation Districts, and other responsible agencies
to locate and maintain funding for the development of X
flood control projects that have high cost - benefit ratios
(such as through the writing of letters of support and /or
passing resolutions in support of these efforts).
5 of 8
Public Works
Department
infrastructure m
5) Pursue funding for the design and construction of storr
drainage projects to protect vulnerable properties,
including property acquisitions, upstream storage such
as detention basins, and channel widening with the
associated right -of -way acquisitions, relocations, and
environmental mitigations.
6) Continue to repair and make structural improvements to
storm drains, pipelines, and /or channels to enable them
to perform to their design capacity in handling water
flows as part of regular maintenance activities.
7) Continue maintenance efforts to keep storm drains and
creeks free of obstructions, while retaining vegetation in
the channel (as appropriate), to allow for the free flow of
water.
8) Enforce provisions under creek protection, stormwater
management, and discharge control ordinances
designed to keep watercourses free of obstructions and
to protect drainage facilities to confirm with the
Regional Water Quality Control Board's Best
Management Practices.
on Strateaies
X Santa Clara Valley
Water District
X Public Works
Department
X Public Works
Department
X Public Works
Department
9) Develop an approach and locations for various
watercourse bank protection strategies, including for
example, (1) an assessment of banks to inventory
areas that appear prone to failure, (2) bank
stabilization, including installation of rip rap, (3) stream X
bed depth management using dredging, and (4)
removal of out -of -date coffer dams in rivers and
tributary streams.
10) Use reservoir sediment removal as one way to increase
storage for both flood control and water supply.
11) Elevate critical bridges affected by flooding to increase
stream flow and maintain critical access and egress
N.W.
X
Santa Clara Valley
Water District
Public Works
Department
inrrastructure m
Provide a mechanism to expedite the repair or
replacement of levees that are vulnerable to collapse
from earthquake- induced shaking or liquefaction,
rodents, and other concerns, particularly those
protecting critical infrastructure.
13) Ensure that utility systems in new developments are
constructed in ways that reduce or eliminate flood X
damage.
14) Determine whether or not wastewater treatment plants
are protected from floods, and if not, investigate the use
of flood - control berms to not only protect from stream or
river flooding, but also increasing plant security.
15) Work cooperatively with water agencies, flood control
districts, Caltrans, and local transportation agencies to X
determine appropriate performance criteria for
watershed analysis.
16) Work for better cooperation among the patchwork of X
agencies managing flood control issues.
17) Work cooperatively with upstream communities to
monitor creek and watercourse flows to predict potential X
for flooding downstream.
INFR - e - Landslides
1) Include "areas subject to ground failure" in the list of
criteria used for determining a replacement schedule
(along with importance, age, type of construction
material, size, condition, and maintenance or repair
history) for pipelines.
2) Establish requirements in zoning ordinances to address
hillside development constraints in areas of steep
slopes that are likely to lead to excessive road X
maintenance or where roads will be difficult to maintain
during winter storms due to landsliding.
INFR - f - Buildina Reoccunancv
7of8
at
X
X
KI
Public Works
Department
Santa Clara Valley
Water District
Santa Clara Valley
Water District
Santa Clara Valley
Water District
Community
Development
Department
Ord. 71 -113
inrrasiructure mitigation
1) Ensure that critical buildings owned or leased by
special districts or private utility companies participate
in a program similar to San Francisco's Building
Occupancy Resumption Program (BORP). The BORP
program permits owners of buildings to hire qualified
structural engineers[1] to create facility- specific post -
disaster inspection plans and allows these engineers to
become automatically deputized as City /County
inspectors for these buildings in the event of an
earthquake or other disaster. This program allows
rapid reoccupancy of the buildings. Note - A qualified
structural engineer is a California licensed structural
enaineer with relevant experience.
INFR - g - Public Education
1) Provide materials to the public related to planning for
power outages.
2) Provide materials to the public related to family and
personal planning for delays due to traffic or road
closures.
3) Provide materials to the public related to coping with
reductions in water supply or contamination of that
supply.
4) Provide materials to the public related to coping with
disrupted storm drains, sewage lines, and wastewater
treatment.
The City is in agreement
X with this strategy, however,
we do not have a lead role
its implementation.
X PG&E
X
X Santa Clara Valley
Water District
X West Valley Sanitation
District
5) Facilitate and /or coordinate the distribution of materials
that are prepared by others, such as by placing
materials in city or utility newsletters, or on community X
access channels, as appropriate
ARK
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM•
ORIGINATING DEPT: Community Development CITY MANAGER:
IV 11 Dave An erson
PREPARED BY: Kate Bear, City Arborist DEPT HEAD:,
SUBJECT: Removal of Two Redwoods at the City's Historic Park located at 20450
Saratoga -Los Gatos Road
RECOMMENDED ACTIONS:
The City Arborist recommends that the City Council approve the request by the Historic
Foundation to remove two redwoods in the Historic Park.
REPORT SUMMARY:
The Saratoga Historic Foundation plans to renovate the landscaping at the Historic Museum,
McWilliams House and Book -Go -Round with new plantings that commemorate the historic uses
of the site and the rich botanical history of Saratoga. In preparation for this, they met with Barrie
Coate, who is a horticulturist and a certified arborist, and with the City Arborist to discuss the
trees on the property. While most of the trees on the site enhance the property, oaks and
redwoods in the center of the buildings are too crowded for good forestry practices and currently
compete for sunlight, to the detriment of the oaks. Prior to proceeding with their landscape
renovation design, the Historic Foundation wishes to remove two redwood trees.
DISCUSSION:
On January 22, 2007, the Historic Preservation Commission recommended approving the
removal of two redwoods at the Historic Park to the City Council, to improve growing conditions
for the black oak and the valley oak. This will enable the Historic Foundation to proceed with
their renovation of the landscape. The removed trees will be replaced with new trees that will
screen the buildings and are compatible with the oaks.
Landscape Concept
The area in front of the Historic Museum and the McWilliams House will typify a garden from
the Civil War era, including plants that Mrs. McWilliams was known to favor. The space in the
center of the three buildings will incorporate deciduous oaks, small trees, shrubs, perennials and
groundcovers in a multi - layered landscape, replacing the current one of tall trees and ivy.
Varieties of plants developed by local botanists specifically for the Saratoga microclimate will be
incorporated into the new landscape. Also included in the landscape renovation is a new oak tree
to replace the one that failed last summer at the Book -Go- Round. Once the design is completed,
staff will bring it to the Historic Preservation Commission and the City Council for approval.
Background lJormation on the Oaks and Redwoods
According to historians, the two oaks at the Historic Park were planted in the 1920's. About 30
years ago several redwood's were planted about ten feet apart, which is much too close for these
species. As a result they compete with each other for sunlight. Now that the faster growing
redwoods are taller than the oaks they have begun to shade them, causing limb dieback in the
black oak. Redwoods have a dense evergreen canopy further contributing to the shady
environment, and it will become increasingly difficult to grow plants under them. If two of the
redwoods are removed, the oaks will perform better. Because oaks are deciduous and do not
have as dense a canopy as redwoods, more light can filter through to plants growing underneath
them creating an opportunity to have a more complex and attractive landscape.
FISCAL IMPACTS:
The Historic Foundation is coordinating the removal and replacement of the redwoods so that a
licensed tree contractor will perform the work at no cost to the City. City parks staff and the City
Arborist will monitor the work as it is completed.
ALTERNATE ACTION:
1. Do not remove any trees. The site will continue to become shadier and the redwoods and
oaks will continue to be crowded.
FOLLOW UP ACTIONS:
Bring the final landscape design to the Historic Preservation Commission and City Council for
approval.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The agenda for this meeting has been properly posted and all parcels within 150 feet were
notified by mail of the meeting. No comments have been received as of the writing of this staff
report.
ATTACHMENTS:
1. Map showing locations of trees (arrows designate trees to be removed).
2
�
K)� s
J
SyA .
�
�;
s. X
--- Historic Park IooF
20450 Saratoga — Los Gatos Road
redwood .�
redwood
x !I oak
Ol
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c
C .
Historic
Museum
-tip d� oak
'1
redwood
Book -Go -Round
}� McWilliams House t
ID
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SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007
ORIGINATING DEPT: City Manager's Office
(�
PREPARED BY:
Cathleen BoyeQ, ity Clerk
AGENDA ITEM:
CITY MANAGER: Y
DEPT HEAD:
Dave Anderson, City Manager
SUBJECT: Parks Preservation and Field Use Initiative
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
REPORT SUMMARY:
Background
On September 13, 2006 a group of concerned Saratoga residents (Citizens for Parks
Preservation) filed a "Notice to Circulate Petition" regarding the development of City parks /open
spaces and field usage by organized sports user g groups. This same group of residents is
currently gathering signatures in order to place these issues before the public in the next general
election via a voter initiative. In order to qualify for the next general election the group has six
months to collect signatures from 10% of current registered Saratoga voters or 15% of registered
Saratoga voters to qualify for a special election.
At the January 3, 2007 City Council meeting, Marty Goldberg, spokesperson for Citizens for
Parks Preservation, voiced a desire to explore additional ways of resolving their concerns other
than the initiative process. City Council agreed that a discussion of the issue would be beneficial
and placed the item on the January 17, 2007 City Council agenda.
At the January 17`h meeting staff presented Council with alternatives to the initiative process, to
foster discussions regarding development and usage of the City's parks and opens spaces:
1. City Task Force
2. City Council Ad Hoc
3. City Commission
City Councilmembers discussed this item at great length. Council opted not to choose one of the
suggested alternatives but voted unanimously to commit to creating an entity to discuss the
philosophy and to collect input about issues reflected in the initiative, in exchange for the
withdrawal of the initiative filed with the City Clerk.
Discussion
On January 19, 2007 staff received an email (Attachment A) from Stan Bogosian, a
representative of the Parks Preservation Initiative group. In this email Mr. Bogosian stated his
intent to withdraw the initiative and requested that staff inform him of the necessary formalities
in order to do so.
Following Mr. Bogosian's request, Assistant City Manager Barbara Powell, in consultation with
City Attorney Richard Taylor, sent the attached letter (Attachment B) recommending appropriate
language he should submit to the City Clerk.
On January 24, 2007 Denise Goldberg and Stan Bogosian submitted the attached letter
(Attachment C) to the City Council. Their letter requests that the City Council accept in full the
principal of the Parks Preservation and Field Use Initiative and recommended several items to be
adopted in order for their discontinuation of the signature process (see attachment C).
Staff is bringing the matter back to the City Council for further direction concerning any
additional steps that should be taken.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Ofm
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Staff will follow Council's direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda. Staff also informed the representatives from the Parks Preservation
Initiative group that this item was on the agenda for discussion.
ATTACHMENTS:
Attachment A — Email from Stan Bogosian
Attachment B — Letter dated January 19, 2007 from Assistant City Manager Barbara Powell
Attachment C — Letter dated January 24, 2007 signed by Denise Goldberg and Stan Bogosian
2 of 2
Page 1 of 1
Cathleen Boyer
From:
Cathleen Boyer
Sent:
Thursday, January 18, 2007 10:14 AM
To:
Kristin Borel
Subject: FW: Parks Preservation Initiative
fyi
From: City Council
Sent: Thursday, January 18, 2007 9:28 AM
To: Ann Waltonsmith; Aileen Kao; Kathleen King; Chuck Page; Jill Hunter; Dave Anderson; Cathleen Boyer
Subject: FW: Parks Preservation Initiative
From: Sbogosian@ aol.com[SMTP:SBOGOSIAN @AOL.COM]
Sent: Thursday, January 18, 2007 9:27:23 AM
To: City Council
Cc: ojibway @comcast.net; affyman @comcast.net; eac @pacbell.net
sn@community-newspapers.com
Subject: Parks Preservation Initiative
Auto forwarded by a Rule
Honorable Councilmembers:
I support your efforts to open a dialogue with sports user groups and neighborhood representatives on parks
preservation. As one of parties who originally submitted the initiative, I am prepared to withdraw the initiative.
Please ask the City Clerk to advise me of any formalities necessary in this regard.
It is imperative that you seriously address the issues raised in the initiative. It appears that the genie has been
temporarily stuffed back in the bottle. However, the next time there might not be a Jeff Schwartz on the Board
of Trustees to bail out the Council. Add to this a unified neighborhood leadership, and Saratoga could well be
facing World War III.
If, at the end of the day, organized sports comes away with 100% and neighborhoods come away with nothing,
this scenario will become a reality.
Best wishes for success.
Stan Bogosian
Former Mayor and Councilmember
1/31/2007
^: nomter; OC obei 22, 1953
January 19, 2007
Mr. Stan Bogosian
20630 Lomita Avenue
Saratoga, CA 95070
Dear Mr. Bogosian:
"U L'N, 1 L M'E 1'I 131''RS.
Aileen Kao
.Ka:,-teen King
G4✓rk Paae
Jill hunter
CERTIFIED LETTER Ann "a!tonsmith,
The city has received a copy of the e-mail you sent to the Mayor and City Council members
under the subject line 'Parks Preservation Initiative ". Your e-mail stated your intent to
withdraw the initiative and requested that we inform you of necessary formalities in order to
do so.
We have conferred with our legal counsel, who has informed us to request from you a letter
signed by both proponents who signed the Notice of Intent for the initiative, stating your intent
to withdraw the initiative. The City Attorney recommended the following language, to be
addressed to the City Clerk:
Dear Ms. Boyer:
As the proponents of the Saratoga Parks Preservation and Field Use Policy Initiative we are writing to
inform you that we are withdrawing the measure from circulation. We are taking this action in light of
the City Council's decision on January 17, 2007 in response to our request for a public dialog on the
issues reflected in the initiative. The City Council committed to obtain public input regarding the
philosophies reflected in the initiative and the best approach to having those philosophies reflected in
City policies and ordinances if the initiative were to be withdrawn. The Council directed that public
input should be sought from throughout the community and that the process would be conducted by the
Parks and Recreation Commission (if it is reinstated) or a City Task Force. The Council further
directed that the process begin as soon as the Commission or Task Force can be established. Given
this action by the City Council we are withdrawing the measure.
Sincerely,
Stan Bogosian
Denise Goldberg
r�n
;37--, FR7 11VALE
AVENi_E
• SARA OGA, CALIFORNIA 95070 - '40S1 865- 1200
^: nomter; OC obei 22, 1953
January 19, 2007
Mr. Stan Bogosian
20630 Lomita Avenue
Saratoga, CA 95070
Dear Mr. Bogosian:
"U L'N, 1 L M'E 1'I 131''RS.
Aileen Kao
.Ka:,-teen King
G4✓rk Paae
Jill hunter
CERTIFIED LETTER Ann "a!tonsmith,
The city has received a copy of the e-mail you sent to the Mayor and City Council members
under the subject line 'Parks Preservation Initiative ". Your e-mail stated your intent to
withdraw the initiative and requested that we inform you of necessary formalities in order to
do so.
We have conferred with our legal counsel, who has informed us to request from you a letter
signed by both proponents who signed the Notice of Intent for the initiative, stating your intent
to withdraw the initiative. The City Attorney recommended the following language, to be
addressed to the City Clerk:
Dear Ms. Boyer:
As the proponents of the Saratoga Parks Preservation and Field Use Policy Initiative we are writing to
inform you that we are withdrawing the measure from circulation. We are taking this action in light of
the City Council's decision on January 17, 2007 in response to our request for a public dialog on the
issues reflected in the initiative. The City Council committed to obtain public input regarding the
philosophies reflected in the initiative and the best approach to having those philosophies reflected in
City policies and ordinances if the initiative were to be withdrawn. The Council directed that public
input should be sought from throughout the community and that the process would be conducted by the
Parks and Recreation Commission (if it is reinstated) or a City Task Force. The Council further
directed that the process begin as soon as the Commission or Task Force can be established. Given
this action by the City Council we are withdrawing the measure.
Sincerely,
Stan Bogosian
Denise Goldberg
January 19, 2007
Page Two
Please send a letter at your earliest convenience to the attention of the City Clerk, City of
Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070.
Thank you for your assistance in this matter. If I may provide additional information, please
contact me at bpowell(cDsaratoga.ca.us or at (408) 868 -1215.
i ely,ra A. Powe 4
Assistant City Manager
cc: Dave Anderson, City Manager
Mayor and City Council members
Richard Taylor, City Attorney
January 24, 2007
Honorable Mayor and City Council,
-EC F xSr
JAN 2 5 2007
CITY Uc SriW I OG �, �
Representing the people who have signed the Parks Preservation and
Field Use Initiative documents and the people who have contributed financially,
without request, to the Initiative, we request that the City Council to accept in full
the principles of the Initiative. The initiative principles related to conversion of
parks and open space from passive to active recreational use came from fear
that any city council in the future could, at will, change the makeup and use of
our parks. This is the reason to put protective measures in place to ensure that
the residents of our city will have a say in what happens in the future with our city
owned parks. The Field Use Policy portion of the initiative came out of the need
for our city to have fair field use fees and fair scheduling of city owned fields so
that all Saratoga citizens would have fair and priority access for their use.
The Citizens for Park Preservation request that the following
recommendations be adopted along with our discontinuation of the signature
process:
• The City Council should move expeditiously to reestablish the Parks and
Recreation Commission (PRC) and empower them to lead this Initiative
review process.
• The PRC should study or form a committee to study the initiative and bring
their recommendations to the City Council.
• A public statement from the City Council that the goal of this activity is to
implement a policy protecting public parks as well as an updated field use
policy.
• A timeline should be established which targets a recommendation to the
council by November 2007.
We are hopeful that the City Council will see the need for the issues
addressed in this initiative and act on them accordingly.
Sincerely,
Denise Goldberg Stan Bogosian
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
"--\• 01
PREPARED BY:
DEPT HEAD:
SUBJECT: Santa Clara County Cities Association — City Selection Committee Policy
Priorities
RECOMMENDED ACTION:
Accept report and provide direction to Councilmember King, City's representative on the Santa
Clara County Cities Association ( SCCCA).
REPORT SUMMARY:
At the January 17, 2007 City Council meeting, under agenda section titled "Adhoc & Agency
Assignment Reports ", Couccilmemebr King reported on the recent agenda items at the January
2007 SCCCA — City Selection Committee meeting. One item discussed at the Committee
meeting were the Policy Priorities for 2007 (Attachment A).
Councilmember King requested that this item be agendized for Council discussion as a whole.
Councilmember King would then take this feedback back to the City Selection Committee at
their February meeting.
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.
ATTACHMENT:
Attachment A — SCCCA January 2007 Meeting Summary
JANUARY 2007 MEETING SUMMARIES
CITY SELECTION COMMITTEE:
• Reappointed Yoriko Kishimoto, Palo Alto, to the Bay Area Air Quality
Management District Board to a two -year term, expiring in January 2009
• Appointed Steve Glickman, Los Gatos, to the Recycling and Waste Reduction
Commission representing the West Valley to a tern expiring in September 2010.
• Appointed Jamie McLeod, Santa Clara, to the Recycling and Waste Reduction
Commission as a Member -at -Large to a term expiring in January 2011.
• Deferred appointment to the Metropolitan Transportation Commission to the next
City Selection Committee to be held on Thursday, February 8, 2007 at 6:30 pm.
BOARD OF DIRECTORS:
• Discussed Policy Priorities for 2007. Board will refine and then prioritize the
following priorities at its February 81h meeting.
o Climate Protection/Global Warming
o Walkable Communities— Safe Routes to Schools and Pedestrian/Transit-
Oriented Development
• Housing Requirements
• Sharing among cities their Best Practices
• Economic Vitality
• Disaster Preparedness — Continue to build on last year's discussions and
share Best Practices
• Education Partnership
o Healthy Communities
o Tax hiitiatives
• The Board will also continue to collaborate with the League of California Cities
on their goals for the coming year.
o Infrastructure Bond money expenditures consistent with needs
o Eminent Domain
o Affordable Housing and keeping up -to -date on rules and legislation
Mayor Dan Furtado, Campbell and Cities Association Representative to the
ABAG Executive Board, gave a short report on what is happening at ABAG
including the RHNA (Regional Housing Needs Assessment) process and
projections. On January 16, ABAG will adopt the final methodology. Dan will
return with a more in -depth report at a future meeting.
Mayor Yoriko Kishimoto, Palo Alto, announced that the VTA North County will
be meeting on Friday, January 19 at 2 pm at the Mountain View City Hall. Bob
Doty, Caltrain's Director of Rail Operations will make a presentation on Caltrain
2025. Mr. Doty's team brought forward the Baby Bullet. All are welcome and
Ms. Kishimoto is looking forward to a good turnout.
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY:
DEPT HEAD:
SUBJECT: Santa Clara County Cities Association — City Selection Committee
Appointment to the Metropolitan Transportation Commission
RECOMMENDED ACTION:
Accept report and provide direction to Councilmember King, City's representative on the Santa
Clara County Cities Association ( SCCCA) City election Committee.
REPORT SUMMARY:
At the January 17, 2007 City Council meeting, under agenda section titled "Adhoc & Agency
Assignment Reports ", Coucnilmemebr King reported on the recent agenda items at the January
2007 SCCCA — City Selection Committee meeting.
One item discussed at the Committee meeting was the appointment to the Metropolitan
Transportation Commission (MTC). Under the MTC's bylaws the Selection Committee of each
county shall appoint one member to represent their county. The controversy that arose was that
MTC's bylaws (Attachment A) state that the member can be either elected or appointed.
Under the bylaws of other agencies throughout Santa Clara County they require that appointed
member be an elected official.
The following people have expressed interest as serving as Santa Clara's representative on the
MTC Commission:
• Dean Chu - Sunnyvale City Councilmember
• John McLemore - current MTC commissioner and former Santa Clara Councilmember
(not an elected official)
• Chris Moylan - Sunnyvale City Councilmember
• Joe Pirzynski - Los Gatos Mayor
Councilmember King requested that this item be agendized for Council discussion as a whole.
Councilmember King would then take this feedback back to the City Selection Committee at
their February meeting.
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.
ATTACHMENT:
Attachment A — except form MTC's bylaws
66503. The commission shall consist of 19 members as follows:
(a) Two members each from the City and County of San Francisco and
the Counties of Alameda, Contra Costa, San Mateo, and Santa Clara.
with respect to the members from San Francisco, the mayor shall
appoint one member and the board of supervisors shall appoint one
member. With respect to the members from Alameda, Contra Costa, San
Mateo, and Santa Clara Counties, the city selection committee
organized in each county pursuant to Article 11 (commencing with
Section 50270) of Chapter 1 of Part 1 of Division 1 of Title 5, shall
appoint one member and the board of supervisors shall appoint one
member.
(b) One member each from Marin, Napa, Solano, and Sonoma Counties.
The city selection committee of these counties shall furnish to the
board of supervisors the names of three nominees and the board of
supervisors shall appoint one of the nominees to represent the
county.
(c) One representative each appointed by the Association of Bay
Area Governments and the San Francisco Bay Conservation and
Development Commission.
(d) One representative, who shall be a nonvoting member, appointed
by the Secretary of the Business, Transportation and Housing Agency.
(e) One representative each appointed by the United States
Department of Transportation and Department of Housing and Urban
Development. However, these representatives shall serve only if the
agencies they represent are amenable to these appointments. These
representatives shall be nonvoting members.
(f) Public officers, whether elected or appointed, may be
appointed and serve as members of the commission during their terms
of public office.
66504. Each commissioner's term of office is four years. A
commissioner appointed as a public officer vacates his commission
seat upon ceasing to hold such public office unless the appointing
authority consents to completion of the term of office.
Commissioners shall be selected for their special familiarity with
the problems and issues in the field of transportation.
RESOLUTION NO. 06- 093
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND ADHOC
COMMITTEES
WHEREAS, the City Council reorganized on December 6, 2006, for the coming
year; and
WHEREAS, representatives from the City Council serve on various agencies and
adhoc committees; and
WHEREAS, the responsibility for representing the City Council should be shared
by all its members.
NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest
of the City Council and the needs of the various organizations to which the City Council
sends representatives, the following representatives agree hereby to be appointed to the
agencies and adhoc committees named, through December 2007, or until replaced:
Agency
Councilmember
Alternate
Association of Bay Area Government
Kao
Waltonsmith
Chamber of Commerce
Page
Hunter
County Cities Association Leg. Task
King
Page
Force
County HCD Policy Committee
Hunter
Kao
Library Joint Powers Association
Hunter
King
Northern Central Flood Control Zone
Waltonsmith
King
Advisory Board
Peninsula Division, League of
King
Page
California Cities
Recycling & Waste Reduction
Kao
Page
Commission of SCC
Santa Clara County Valley Water
Waltonsmith
Hunter
Commission
Santa Clara County Cities Association
King
Waltonsmith
Santa Clara County Cities Association-
Page
King
Joint Economic Development Policy
Committee (JEDPQ
Santa Clara County Emergency
i
Hunter
Waltonsmith
Council
SASCC
Waltonsmith
Hunter
Sister City Liaison
Waltonsmith
Kao
West Valley Solid Waste Joint Powers
Page
Hunter
Association
Kao
Waltonsmith
Valley Transportation Authority PAC
Kin
Kao
West Valley Sanitation District
Pa e
Kao
West Valley Mayors and Managers
Kao
Waltonsmith
Association
King
Waltonsmith
ADHOC COMMITTEES (Both members are required to attend meetings)
City School AdHoc
Kao
King
Hakone Foundation Liaison
Kao
Waltonsmith
Highway 9 Safety Project Committee
Waltonsmith
Kao
Historic Foundation
Hunter
Page
KSAR CO munity Access TV Board
Waltonsmith
N/A
Prospect Road AdHoc
King
Waltonsmith
Village AdHoc
Hunter
Pa e
The above and forgoing resolution was passed and adopted by the Saratoga City Council
at a regular meeting held on the 20`x' day of December, 2006, by the following vote:
AYES: Councilmembers Jill Hunter, Kathleen King, Chuck Page,
Vice Mayor Ann Waltonsmith, Mayor Aileen Kao
NOES: None
ABSENT: None
ABSTAIN: None
ATTES
City Clerk
C=
Aileen Kao, Mayor
RESOLUTION NO. 07 -0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
RESOLUTION 06 -093 APPOINTING COUNCIL
REPRESENTATIVES TO COMMITTEES, AGENCIES
AND ADHOC COMMITTEES
WHEREAS, the City Council reorganized on December 6, 2006, for the coming year; and
WHEREAS, representatives from the City Council serve on various committees, agencies, and
adhoc committees; and
WHEREAS, the responsibility for representing the City Council should be shared by all its
members.
NOW, THEREFORE, BE IT RESOLVED that following changes be made to the Santa Clara
County Valley Water Commission. These changes expires December 2007, or until replaced.
Agency Councilmember Alternate
Santa Clara County Valley Water Waltensmith Kao Hunter
Commission
The above and forgoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 7"' day of February, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Aileen Kao, Mayor
ATTEST:
Cathleen Boyer, City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007
ORIGINATING DEPT: City Manager
PREPARED BY: Richard Taylor
City Attorney
L
AGENDA ITEM:
CITY MANAGER: ��G --
Dave Anderson
DEPT.HEAD:
SUBJECT: Ordinance Adopting Video Service Standards
RECOMMENDED ACTION:
Adopt ordinance.
REPORT:
Dave Anderson
At the January y 17, 2007 City Council meeting, the City Council conducted the public
hearing and introduced and waive first reading of ordinance regarding video service
standards and directed staff to place ordinance on consent calendar for final adoption
The ordinance is attached.
ALTERNATIVES:
M
FISCAL IMPACTS:
Pursuant to AB 2987 the City is required to share any revenues obtained from penalties
with a state fund promoting access to video services and other technologies.
FOLLOW UP ACTION(S):
Wn.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of agenda.
ORDINANCE
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING VIDEO SERVICE STANDARDS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS
FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
A. The Digital Infrastructure and Video Competition Act of 2006 (AB 2987)
was signed into law on September 30, 2006 authorizing video service
providers to operate in California cities and elsewhere in the state pursuant
to a franchise issued by the State Public Utilities Commission.
B. AB 2987 prohibits local governments from adopting customer service
standards applicable to video service operators operating under a state
franchise that differ from state law.
C. AB 2987 directs local governments to enforce state standards and to set a
schedule for penalties to be imposed in the event of a material breach of
state law.
D. The City of Saratoga wishes to implement AB 2987 by adopting the state
standards and setting a penalty schedule in accordance with state law.
E. This ordinance shall not apply to video service providers operating pursuant
to a local franchise entered before September 30, 2006.
Section 2. Adoption.
The Saratoga City Code is hereby amended by adding the text shown below:
Article 4 -26
VIDEO SERVICES
4- 26.010 Purpose and Definitions. This Article implements the customer service and
consumer protection standards of the Digital Infrastructure and Video
Competition Act of 2006 (the "Act', Public Utilities Code § 5800 et seq.).
All terms used in this article shall be defined as defined by that Act or this
Page 1 of 4
Ordinance No.
Code; in the event a term is defined in the Act and this Code, the definition
in the Act shall apply to this section.
4- 26.020 Applicability. This Article applies to all video service providers serving
Saratoga residents pursuant to a state franchise or pursuant to a franchise or
other agreement with the City entered after September 30, 2006.
4- 26.030 Notice. Prior to assessing any penalty pursuant to this Article, the City shall
notify the video service provider of the alleged material breach and allow
the video service provider at least 30 days from receipt of the notice to
remedy the specified material breach.
4- 26.020 Penalties. All video service providers subject to this Article shall comply
with the customer service standards mandated by section 5900 of the Public
Utilities Code. Monetary penalties shall be assessed for a material breach
of those standards unless the breach is out of the reasonable control of the
video service provider. One half of each penalty collected shall be
submitted to the Digital Divide Account established by the Act. The
penalties shall be as follows:
(a) Five - hundred dollars ($500) for each day of material breach, but
not to exceed one - thousand five- hundred dollars ($1,500) for each
occurrence of a material breach.
(b) Notwithstanding subsection (a) above, if notice has been
provided and a penalty has been assessed pursuant to subsection (a)
above and a subsequent material breach of the same nature occurs
within 12 months, an amount of one - thousand dollars ($1,000) shall
be assessed for each day of each material breach, not to exceed
three- thousand dollars ($3,000) for each occurrence of the material
breach.
(c) Notwithstanding subsections (a) and (b), above, if notice has
been provided and a fine or penalty has been assessed pursuant to
subsection (b), above, and a third or further material breach of the
same nature occurs within 12 months of the original breach, an
amount of two - thousand five- hundred dollars ($2,500) shall be
assessed for each day of each material breach, not to exceed seven -
thousand five- hundred ($7,500) for each occurrence of the material
Page 2 of 4
Ordinance No.
breach.
4- 26.030 Response Time. Video service providers shall comply with the
requirements of Section 53088.2(e) of the Government Code concerning
standards for answering customer calls for installation, service, and
complaints.
Section 3. Severance Clause.
The City Council declares that each section, sub - section, paragraph, sub-
paragraph, sentence, clause and phrase of this ordinance is severable and independent of
every other section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of
this ordinance. If any section, sub - section, paragraph, sub - paragraph, sentence, clause or
phrase of this ordinance is held invalid, the City Council declares that it would have
adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the City of Saratoga within fifteen days after its
adoption.
Page 3 of 4
Ordinance No.
The foregoing ordinance was introduced and read at the regular meeting of the
City Council of the City of Saratoga held on the 17th day of January, 2007, and was
adopted by the following vote following a second reading on the 7th day of February,
2007:
AYES:
NOES:
ABSENT:
ABSTAIN:
Aileen Kao
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
Cathleen Boyer
CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
Page 4 of 4
Ordinance No.
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM:
ORIGINATING DEPT: Community Development CITY MANAGER:
'r
l
Dave Anderson
PREPARED BY: Therese M. Schmidt, DEPT HEAD:
Associate Planner John F. Vingstone
SUBJECT: Second Reading for the City initiated Zoning Map Amendment relating to
the eleven (11) parcels, of which three (3) parcel require a Zoning Map Amendment and
eight (8) parcels require General Plan Land Use Map Amendment in order to correct an
inconsistency in the City's General Plan Land Use Map and Zoning Ordinance Map.
RECOMMENDED ACTION:
Adopt ordinance.
DESCRIPTION:
The City Council considered and introduced the attached ordinance following a public hearing on
January 17, 2007, in connection with a General Plan Amendment to change the Land Use Map
designation on eight (8) parcels from Residential Low Density (RLD) to Residential Very Low
Density (RVLD) and a Zoning Ordinance Amendment consisting of three (3) parcels being rezoned
from R -1- 40,000 to R -1- 20,000 to correct discrepancies between the General Plan and the Zoning
Ordinance. The General Plan Amendment came into affect immediately; however, the ordinance
amendment requires a second reading prior to adoption.
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act ( "CEQA "), this action is exempt under 14
California Code of Regulations ( "CEQA Guidelines ") section pursuant to Section 15305, "Minor
Alterations in Land Use Limitations" (allowing for minor alterations in land use limitations, which
do not result in any changes in land use or density applicable here because the reclassification would
allow continued single - family land uses consistent with existing land uses on the subject parcels,
would not increase the allowed density, and would not provide an opportunity for creation of new
parcels) and CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be
seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment).
18. LITIGATIONIf any litigation is commenced between parties to this Agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys' fees and costs.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California. Jurisdiction of
litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara
County, California. If any part of this Agreement is found to conflict with applicable laws,
such part shall be inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
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 Agreement. Contractor
waives all rights or claims to notice or hearing respecting any failure by City to continue to
request or retain all or any portion of the work product from Contractor following the
expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the benefit
of the parties executing this Agreement and not for the benefit of any other individual, entity
or person.
WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement
shall constitute a waiver of any rights or obligations arising under this Agreement. The
failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall
in no event be deemed a waiver of the right to do so thereafter.
City of Saratoga /Standard Contract Agreement Page 15 of 18
My Documents /Contracts
03/15/01
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
THE ZONING MAP TO CHANGE THE ZONING OF PARCELS
517 -12 -020, 517 -12 -021, and 517 -12 — 022 FROM R -1- 40,000 TO
R -1- 20,000
The City Council of the City of Saratoga does ordain as follows:
Section 1. Findings.
The City Council finds and declares as follows:
A. Parcels 517 -12 -020, 517 -12 -021, and 517 -12 — 022 are each less than 30,000
square feet in size and have a current zoning designation of R-1-40,000 typically
requiring a minimum lot size of 40,000 square feet. The General Plan
designation for these parcels is "RLD" (Residential Low Density) which is
compatible with the R -1- 20,000 zoning designation.
B. Following a public hearing on November 8, 2006 at which all interested persons
had an opportunity to be heard the Planning Commission recommended
reclassifying the subject parcels from the R -1- 40,000 zone district to the R -1-
20,000 zone district. The City Council considered the Planning Commission
Recommendation at a public hearing at which all interested persons had an
opportunity to be heard on January 17, 2007.
C. As demonstrated by the materials in Community Development Department File
No. 07 -140, this rezoning is consistent with the adopted General Plan, including
the housing element and the sites identified in the housing element are adequate
to accommodate the jurisdiction's share of the regional housing need pursuant to
Section 65584. This zoning map amendment will not reduce, require, or permit
the reduction of the residential density for any parcel to a lower residential
density that is below the density that was utilized by the Department of Housing
and Community Development in determining compliance with housing element
law.
D. In order to apply a zoning designation that is more closely aligned with the
General Plan designation and to remove the current non - conforming status of the
subj ect parcels it is appropriate to amend the Zoning Map to change the zoning of
the parcels from R -1- 40,000 to R -1- 20,000.
Section 2. Zoning Map Amendment.
Pursuant to Section 15 -85 of the Saratoga Municipal Code, the City of Saratoga Zoning Map is
hereby amended by reclassifying the Zoning District designation from R -1- 40,000 to R -1- 20,000 for
indemnify and hold harmless City as set forth above for liability attributable to
the sole fault of City, provided such sole fault is determined by agreement
between the parties or the findings of a court of competent jurisdiction. This
exception will apply only in instances where the City is shown to have been
solely at fault and not in instances where Contractor is solely or partially at fault
or in instances where City's fault accounts for only a percentage of the liability
involved. In those instances, the obligation of Contractor will be all- inclusive
and City will be indemnified for all liability incurred, even though a percentage
of the liability is attributable to conduct of the City.
c. Acknowledgement. Contractor acknowledges that its obligation pursuant to this
section extends to liability attributable to City, if that liability is less than the sole
fault of City. Contractor has no obligation under this agreement for liability
proven in a court of competent jurisdiction or by written agreement between the
parties to be the sole fault of City.
d. Scope of Contractor Obligation. The obligations of Contractor under this or
any other provision of this Agreement will not be limited by the provisions of any
workers' compensation act or similar act. Contractor expressly waives its
statutory immunity under such statutes or laws as to City, its employees and
officials.
e. Subcontractors. Contractor agrees to obtain executed indemnity agreements
with provisions identical to those set forth here in this section from each and
every subcontractor, 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
from others as required here, Contractor agrees to be fully responsible according
to the terms of this section.
f. In General. Failure of City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of
any rights hereunder. This obligation to indemnify and defend City as set forth
herein is binding on the successors, assigns, or heirs of Contractor and shall
survive the termination of this agreement or this section. For purposes of Section
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 that it has read and understands the provisions hereof
and that this paragraph is a material element of consideration. City approval of
the insurance contracts required by this Agreement does not relieve the
Contractor or subcontractors from liability under this paragraph.
14. INSURANCE REQUIREMENTS 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
City of Saratoga /Standard Contract Agreement
My Documents /Contracts
03/15/01
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM: _ C
ORIGINATING DEPT: Community Development CITY MANAGER:
Dave Andersp
PREPARED BY: John F. Livingstone, AICP, Com. Dev. Dir. DEPT HEAD:
SUBJECT: Independent Contractor Agreement for Heather Bradley
RECOMMENDED ACTIONS:
Authorize the City Manager to execute the agreement with Metropolitan Planning Group for
planning and development services.
REPORT SUMMARY:
Since January 2005 the Community Development Department has been utilizing a contract planner
position. The position provides the Planning Division flexibility to maintain the existing level of
services when staff positions become vacant, or when there is a sudden rise in planning projects or
for special projects.
Contract planners typically work for several different cities at the same time giving them a variety of
exposure to different planning processes which makes them a great resource. Our current contract
planner has taken a full time position with a law firm and will no longer be providing contract
planning services to local communities. Given the success of the last contract planner staff is
recommending that the Council authorize the attached agreement.
Heather Bradley is part of the Metropolitan Planning Group which is comprised of three planners
who all have prior planning experience working with local cities as full time planners. Heather will
be our primary planning contact. Heather has 15 years planning experience which includes five years
of employment with the City of Saratoga as an Associate Planner which makes her particularly well
suited for the contract planning position.
FISCAL IMPACTS:
The budget for this fiscal year already includes $54,000 for contract planning services of which
approximately $30,000 is remaining; therefore no transfer of funds is required. The contract
planning position operates in a cost recovery mode; therefore there is no negative impact to the
budget.
d. Drug -free Workplace. Contractor and Contractor's employees and
subcontractors shall comply with the City's policy of maintaining a drug -free
workplace. Neither Contractor nor Contractor's employees and subcontractors
shall unlawfully manufacture, distribute, dispense, possess or use controlled
substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite used in any
manner in connection with performing services pursuant to this Agreement. If
Contractor or any employee or subcontractor of Contractor is convicted or pleads
nolo contendere to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter, shall notify the
City.
e. Discrimination Prohibited. Contractor assures and agrees that Contractor will
comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting
discrimination and that no person shall, on the grounds of race, creed, color,
disability, sex, sexual orientation, national origin, age, religion, Vietnam era
veteran's status, political affiliation, or any other non -merit factors be excluded
from participating in, be denied the benefits of, or be otherwise subjected to
discrimination under this Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by
Contractor pursuant to this Agreement shall become the property of City upon
completion of the work to be performed hereunder or upon termination of this
Agreement.
b. Retention of Records. Until the expiration of five years after the furnishing of
any services pursuant to this Agreement, Contractor shall retain and make
available to the City or any 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.
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.
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CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY OF
SARATOGA, a municipal corporation ( "City "), and Metropolitan Planning Group,
( "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 Agreement, Contractor shall provide to City the work product described in Exhibit A
( "Scope of Work "). Contractor is not authorized to undertake any efforts or incur any costs
whatsoever under the terms of this Agreement until receipt of a fully executed Purchase
Order from the Finance Department of the City of Saratoga.
2. TERM The term of this Agreement commences on February 1, 2007 and extends
through June 30, 2007 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 Agreement as provided in Exhibit D at all times.
3. PAYMENT City shall pay Contractor for work product produced pursuant to this
Agreement at the time and in the manner set forth in Exhibit 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.
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incur because of Contractor's failure to pay such taxes. City shall have no obligation
whatsoever to pay or withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right
or obligation pursuant to this Agreement. Any attempted or purported assignment of any
right or obligation pursuant to this Agreement shall be void and of no effect. However, with
the consent of the City given in writing, Contractor is entitled to subcontract such portions of
the work to be performed under this Agreement as may be specified by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel to complete the
Scope of Work pursuant to this Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the removal of
any such persons, Contractor shall, immediately upon receiving notice from city
of such desire of City, cause the removal of such person or persons.
b. Employment Eligibility. Contractor shall ensure that all employees of
Contractor and any subcontractor retained by Contractor in connection with this
Agreement have provided the necessary documentation to establish identity and
employment eligibility as required by the Immigration Reform and Control Act of
1986. Failure to provide the necessary documentation will result in the
termination of the Agreement as required by the Immigration Reform and Control
Act of 1986.
8. CONFLICT OF INTEREST
a. In General. Contractor represents and warrants that, to the best of the
Contractor's knowledge and belief, there are no relevant facts or circumstances
which could give rise to a conflict of interest on the part of Contractor, or that the
Contractor has already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential
conflict of interest on the part of Contractor is discovered after award, the
Contractor will make a full disclosure in writing to the City. This disclosure shall
include a description of actions, which the Contractor has taken or proposes to
take, after consultation with the City to avoid, mitigate, or neutralize the actual or
potential conflict. Within 45 days, the Contractor shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City.
c. Interests of City Officers and Staff. No officer, member or employee of City
and no member of the City Council shall have any pecuniary interest, direct or
indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any
member of any Contractor's family shall serve on any City board or committee or
hold any such position which either by rule, practice or action nominates,
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Notices to Contractor shall be sent to:
Geoff I. Bradley
Metropolitan Planning Group
400 West Evelyn Avenue
Sunnyvale, CA 94086
Notices to City shall be sent to:
John Livingstone, AICP
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 Agreement supersedes any and all agreements,
either oral or written, between the parties hereto with respect to Contractor's completion of
the Scope of Work on behalf of City and contains all of the covenants and agreements
between the parties with respect to the rendering of such services in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises
or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf
of any party, which are not embodied herein, and that no other agreement, statement or
promise not contained in this Agreement shall be valid or binding. No amendment,
alteration, or variation of the terms of this Agreement shall be valid unless made in writing
and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
B 1 //` 'aLG
Print Name: BAAOGFw
Position: �,R - /NG /PA L IRRr S
Date: 3o p
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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
employees and reviewing records and the information in possession of City. The location,
quantity, and time of furnishing said physical facilities shall be in the sole discretion of City.
In no event shall City be obligated to furnish any facility which may involve incurring any
direct expense, including, but not limiting the generality of this exclusion, long- distance
telephone or other communication charges, vehicles, and reproduction facilities. Contractor
shall not use such services, premises, facilities, supplies or equipment for any purpose other
than in the performance of Contractor's obligations under this Agreement.
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EXHIBIT A
SCOPE OF WORK
Contractor shall complete the attached Scope of Work.
Work on planning projects as assigned by the Community Development Director
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EXHIBIT A
SCOPE OF WORK
Contractor shall complete the attached Scope of Work.
Work on planning projects as assigned by the Community Development Director
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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
employees and reviewing records and the information in possession of City. The location,
quantity, and time of furnishing said physical facilities shall be in the sole discretion of City.
In no event shall City be obligated to furnish any facility which may involve incurring any
direct expense, including, but not limiting the generality of this exclusion, long- distance
telephone or other communication charges, vehicles, and reproduction facilities. Contractor
shall not use such services, premises, facilities, supplies or equipment for any purpose other
than in the performance of Contractor's obligations under this Agreement.
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Notices to Contractor shall be sent to:
Geoff I. Bradley
Metropolitan Planning Group
400 West Evelyn Avenue
Sunnyvale, CA 94086
Notices to City shall be sent to:
John Livingstone, AICP
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 Agreement supersedes any and all agreements,
either oral or written, between the parties hereto with respect to Contractor's completion of
the Scope of Work on behalf of City and contains all of the covenants and agreements
between the parties with respect to the rendering of such services in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises
or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf
of any party, which are not embodied herein, and that no other agreement, statement or
promise not contained in this Agreement shall be valid or binding. No amendment,
alteration, or variation of the terms of this Agreement shall be valid unless made in writing
and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
B�12��- /�X�i�i
Print Name:
�f�
Position:
Date:
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incur because of Contractor's failure to pay such taxes. City shall have no obligation
whatsoever to pay or withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right
or obligation pursuant to this Agreement. Any attempted or purported assignment of any
right or obligation pursuant to this Agreement shall be void and of no effect. However, with
the consent of the City given in writing, Contractor is entitled to subcontract such portions of
the work to be performed under this Agreement as may be specified by City.
PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel to complete the
Scope of Work pursuant to this Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the removal of
any such persons, Contractor shall, immediately upon receiving notice from city
of such desire of City, cause the removal of such person or persons.
b. Employment Eligibility. Contractor shall ensure that all employees of
Contractor and any subcontractor retained by Contractor in connection with this
Agreement have provided the necessary documentation to establish identity and
employment eligibility as required by the Immigration Reform and Control Act of
1986. Failure to provide the necessary documentation will result in the
termination of the Agreement as required by the Immigration Reform and Control
Act of 1986.
8. CONFLICT OF INTEREST
a. In General. Contractor represents and warrants that, to the best of the
Contractor's knowledge and belief, there are no relevant facts or circumstances
which could give rise to a conflict of interest on the part of Contractor, or that the
Contractor has already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential
conflict of interest on the part of Contractor is discovered after award, the
Contractor will make a full disclosure in writing to the City. This disclosure shall
include a description of actions, which the Contractor has taken or proposes to
take, after consultation with the City to avoid, mitigate, or neutralize the actual or
potential conflict. Within 45 days, the Contractor shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City.
c. Interests of City Officers and Staff. No officer, member or employee of City
and no member of the City Council shall have any pecuniary interest, direct or
indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any
member of any Contractor's family shall serve on any City board or committee or
hold any such position which either by rule, practice or action nominates,
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CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY OF
SARATOGA, a municipal corporation ( "City "), and Metropolitan Planning Group,
( "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 Agreement, Contractor shall provide to City the work product described in Exhibit A
( "Scope of Work "). Contractor is not authorized to undertake any efforts or incur any costs
whatsoever under the terms of this Agreement until receipt of a fully executed Purchase
Order from the Finance Department of the City of Saratoga.
2. TERM The term of this Agreement commences on February 1, 2007 and extends
through June 30, 2007 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 Agreement as provided in Exhibit D at all times.
3. PAYMENT City shall pay Contractor for work product produced pursuant to this
Agreement at the time and in the manner set forth in Exhibit 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.
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d. Drug -free Workplace. Contractor and Contractor's employees and
subcontractors shall comply with the City's policy of maintaining a drug -free
workplace. Neither Contractor nor Contractor's employees and subcontractors
shall unlawfully manufacture, distribute, dispense, possess or use controlled
substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite used in any
manner in connection with performing services pursuant to this Agreement. If
Contractor or any employee or subcontractor of Contractor is convicted or pleads
nolo contendere to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter, shall notify the
City.
e. Discrimination Prohibited. Contractor assures and agrees that Contractor will
comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting
discrimination and that no person shall, on the grounds of race, creed, color,
disability, sex, sexual orientation, national origin, age, religion, Vietnam era
veteran's status, political affiliation, or any other non -merit factors be excluded
from participating in, be denied the benefits of, or be otherwise subjected to
discrimination under this Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by
Contractor pursuant to this Agreement shall become the property of City upon
completion of the work to be performed hereunder or upon termination of this
Agreement.
b. Retention of Records. Until the expiration of five years after the furnishing of
any services pursuant to this Agreement, Contractor shall retain and make
available to the City or any 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.
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.
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SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM:
ORIGINATING DEPT: Community Development CITY MANAGER:
Dave Anders;
PREPARED BY: John F. Livingstone, AICP, Com. Dev. Dir. DEPT HEAD:
SUBJECT: Independent Contractor Agreement for Heather Bradley
RECOMMENDED ACTIONS:
Authorize the City Manager to execute the agreement with Metropolitan Planning Group for
planning and development services.
REPORT SUMMARY:
Since January 2005 the Community Development Department has been utilizing a contract planner
position. The position provides the Planning Division flexibility to maintain the existing level of
services when staff positions become vacant, or when there is a sudden rise in planning projects or
for special projects.
Contract planners typically work for several different cities at the same time giving them a variety of
exposure to different planning processes which makes them a great resource. Our current contract
planner has taken a full time position with a law firm and will no longer be providing contract
planning services to local communities. Given the success of the last contract planner staff is
recommending that the Council authorize the attached agreement.
Heather Bradley is part of the Metropolitan Planning Group which is comprised of three planners
who all have prior planning experience working with local cities as full time planners. Heather will
be our primary planning contact. Heather has 15 years planning experience which includes five years
of employment with the City of Saratoga as an Associate Planner which makes her particularly well
suited for the contract planning position.
FISCAL IMPACTS:
The budget for this fiscal year already includes $54,000 for contract planning services of which
approximately $30,000 is remaining; therefore no transfer of funds is required. The contract
planning position operates in a cost recovery mode; therefore there is no negative impact to the
budget.
indemnify and hold harmless City as set forth above for liability attributable to
the sole fault of City, provided such sole fault is determined by agreement
between the parties or the findings of a court of competent jurisdiction. This
exception will apply only in instances where the City is shown to have been
solely at fault and not in instances where Contractor is solely or partially at fault
or in instances where City's fault accounts for only a percentage of the liability
involved. In those instances, the obligation of Contractor will be all- inclusive
and City will be indemnified for all liability incurred, even though a percentage
of the liability is attributable to conduct of the City.
c. Acknowledgement. Contractor acknowledges that its obligation pursuant to this
section extends to liability attributable to City, if that liability is less than the sole
fault of City. Contractor has no obligation under this agreement for liability
proven in a court of competent jurisdiction or by written agreement between the
parties to be the sole fault of City.
d. Scope of Contractor Obligation. The obligations of Contractor under this or
any other provision of this Agreement will not be limited by the provisions of any
workers' compensation act or similar act. Contractor expressly waives its
statutory immunity under such statutes or laws as to City, its employees and
officials.
e. Subcontractors. Contractor agrees to obtain executed indemnity agreements
with provisions identical to those set forth here in this section from each and
every subcontractor, 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
from others as required here, Contractor agrees to be fully responsible according
to the terms of this section.
f. In General. Failure of City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of
any rights hereunder. This obligation to indemnify and defend City as set forth
herein is binding on the successors, assigns, or heirs of Contractor and shall
survive the termination of this agreement or this section. For purposes of Section
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 that it has read and understands the provisions hereof
and that this paragraph is a material element of consideration. City approval of
the insurance contracts required by this Agreement does not relieve the
Contractor or subcontractors from liability under this paragraph.
14. INSURANCE REQUIREMENTS 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
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ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
THE ZONING MAP TO CHANGE THE ZONING OF PARCELS
517 -12 -020, 517 -12 -021, and 517 -12 — 022 FROM R -1- 40,000 TO
R -1- 20,000
The City Council of the City of Saratoga does ordain as follows:
Section 1. Findings.
The City Council finds and declares as follows:
A. Parcels 517 -12 -020, 517 -12 -021, and 517 -12 — 022 are each less than 30,000
square feet in size and have a current zoning designation of R-1-40,000 typically
requiring a minimum lot size of 40,000 square feet. The General Plan
designation for these parcels is "RLD" (Residential Low Density) which is
compatible with the R -1- 20,000 zoning designation.
B. Following a public hearing on November 8, 2006 at which all interested persons
had an opportunity to be heard the Planning Commission recommended
reclassifying the subject parcels from the R -1- 40,000 zone district to the R -1-
20,000 zone district. The City Council considered the Planning Commission
Recommendation at a public hearing at which all interested persons had an
opportunity to be heard on January 17, 2007.
C. As demonstrated by the materials in Community Development Department File
No. 07 -140, this rezoning is consistent with the adopted General Plan, including
the housing element and the sites identified in the housing element are adequate
to accommodate the jurisdiction's share of the regional housing need pursuant to
Section 65584. This zoning map amendment will not reduce, require, or permit
the reduction of the residential density for any parcel to a lower residential
density that is below the density that was utilized by the Department of Housing
and Community Development in determining compliance with housing element
law.
D. In order to apply a zoning designation that is more closely aligned with the
General Plan designation and to remove the current non - conforming status of the
subject parcels it is appropriate to amend the Zoning Map to change the zoning of
the parcels from R -1- 40,000 to R -1- 20,000.
Section 2. Zoning Map Amendment.
Pursuant to Section 15 -85 of the Saratoga Municipal Code, the City of Saratoga Zoning Map is
hereby amended by reclassifying the Zoning District designation from R -1- 40,000 to R -1- 20,000 for
18. LITIGATIONIf any litigation is commenced between parties to this Agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys' fees and costs.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California. Jurisdiction of
litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara
County, California. If any part of this Agreement is found to conflict with applicable laws,
such part shall be inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
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 Agreement. Contractor
waives all rights or claims to notice or hearing respecting any failure by City to continue to
request or retain all or any portion of the work product from Contractor following the
expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the benefit
of the parties executing this Agreement and not for the benefit of any other individual, entity
or person.
WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement
shall constitute a waiver of any rights or obligations arising under this Agreement. The
failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall
in no event be deemed a waiver of the right to do so thereafter.
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SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007 AGENDA ITEM:
ORIGINATING DEPT: Community Development CITY MANAGER:
Dave Anderson
PREPARED BY: Therese M. Schmidt, ADEPT HEAD:
Associate Planner John F. 1,pringstone
SUBJECT: Second Reading for the City initiated Zoning Map Amendment relating to
the eleven (11) parcels, of which three (3) parcel require a Zoning Map Amendment and
eight (8) parcels require General Plan Land Use Map Amendment in order to correct an
inconsistency in the City's General Plan Land Use Map and Zoning Ordinance Map.
RECOMMENDED ACTION:
Adopt ordinance.
DESCRIPTION:
The City Council considered and introduced the attached ordinance following a public hearing on
January 17, 2007, in connection with a General Plan Amendment to change the Land Use Map
designation on eight (8) parcels from Residential Low Density (RLD) to Residential Very Low
Density (RVLD) and a Zoning Ordinance Amendment consisting of three (3) parcels being rezoned
from R -1- 40,000 to R -1- 20,000 to correct discrepancies between the General Plan and the Zoning
Ordinance. The General Plan Amendment came into affect immediately; however, the ordinance
amendment requires a second reading prior to adoption.
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act ( "CEQA "), this action is exempt under 14
California Code of Regulations ( "CEQA Guidelines ") section pursuant to Section 15305, "Minor
Alterations in Land Use Limitations" (allowing for minor alterations in land use limitations, which
do not result in any changes in land use or density applicable here because the reclassification would
allow continued single - family land uses consistent with existing land uses on the subject parcels,
would not increase the allowed density, and would not provide an opportunity for creation of new
parcels) and CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be
seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment).
As to all of the checked insurance requirements above, the following shall apply:
a. Deductibles and Self- Insured Retentions. Any deductibles or self - insured
retentions must be declared to and approved by the City. At the option of the
City, either (1) the insurer shall reduce or eliminate such deductibles or
self - insured retentions as respects the City, its officers, officials and employees;
or (2) the Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
b. City as Additional Insured. The City, its officers, officials, employees and
volunteers are to be covered as insureds as respects: liability arising out of
activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor, premises owned, occupied or used by the
Contractor, or automobiles owned, leased, hired or borrowed by the Contractor.
The coverage shall contain no special limitations on the scope of the protection
afforded to the City, its officers, officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
2. The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
3. Coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests'
rating of no less than A: V11
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SARATOGA CITY COUNCIL
MEETING DATE: February 7th, 2007 AGENDA ITEM: 34
ORIGINATING DEPT: Public Works CITY MANAGER: 6 ✓
PREPARED BY: Morgan Kessler DEPT HEAD: oh Cher n A A —�
SUBJECT: 2006 Annual Concrete Repair Project - Extension of Construction Contract to
Perform Traffic Safety Work at Ranfre Lane.
RECOMMENDED ACTION:
1. Authorize an increase to the change order authority for an existing construction contract
with George Bianchi Construction, Inc. in the amount of $20,000.00;
2. Approve Budget Resolution.
REPORT SUMMARY:
In October of last year, a contract was awarded to George Bianchi Construction, Inc. by the
Saratoga City Council for the 2006 Annual Concrete Repair Project. This contract is generally put
out to bid every year, and includes furnishing all materials, equipment, and labor to repair /replace
damaged curb, gutter, and sidewalk facilities at various locations throughout the City.
Earlier this month residents along Ranfre Lane brought a request before Council to improve the
safety of left - tuming vehicles from Ranfre Lane onto Saratoga Avenue. This issue was also
considered earlier by the Traffic Safety Commission, and at that time the City Traffic Engineer was
directed to produce a design that would provide for the additional measure of safety that was
sought. The northern end of the existing median would be reconfigured such that left turning
vehicles from Ranfre Lane onto Saratoga Avenue would have a "refuge" pocket (Attachment 1).
This plan was approved by Council during the January 17`h meeting. Public Works staff estimated
that this work would cost on the order of $20,000, and could be performed relatively quickly under
the existing concrete contract with Bianchi Construction.
To proceed with this project in the most cost - effective and timely fashion, it is recommended that
Council approve an increase to the change order authority with George Bianchi Construction, Inc.
for additional scope of work, in the amount of $20,000.
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007
ORIGINATING DEPT: Public Works„
PREPARED BY: liZ A
t
Iveta Harvancik, Assoc. Engineer
31
AGENDA ITEM: �J
r
CITY MANAGER:
DEPT HEAD:
Jo n Cherbone, PW Director
SUBJECT: Addition and Alterations to the James McWilliams House — Notice of
Completion
ACTION(S):
Move to accept the Addition and Alterations to the James McWilliams House project as
complete and authorize staff to record the Notice of Completion for the construction contract.
REPORT SUMMARY:
All work on the Addition and Alterations to the James McWilliams House has been completed
by the City's contractor, Romano Construction, Inc. of San Jose and has been inspected by
Building Department inspectors. The scope of work consisted of supplying all labor, equipment
and materials to renovate James McWilliams House and construct an additional storage room.
Renovations included ADA compliance, electrical work, painting, window repair and other
miscellaneous work.
Overall, the quality of construction completed through this contract was very favorable. The
original contract in the amount of $96,249 was sufficient to complete the project.
It is therefore recommended that the Council accept the project as complete. Further, it is
recommended that the Council authorize staff to record the attached Notice of Completion for the
construction contract.
FISCAL IMPACTS:
Project was funded by CDBG and Santa Clara County Grant.
m.U, ��.u+�
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Saratoga Avenue Merge Lane
at Ranfre Lane
w- S.,
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007
ORIGINATING DEPT: Public Works„
PREPARED BY:
t
Iveta Harvancik, Assoc. Engineer
31
AGENDA ITEM:
r
CITY MANAGER:
DEPT HEAD:
Jo n Cherbone, PW Director
SUBJECT: Addition and Alterations to the James McWilliams House — Notice of
Completion
RECOMMENDED ACTION(S):
Move to accept the Addition and Alterations to the James McWilliams House project as
complete and authorize staff to record the Notice of Completion for the construction contract.
REPORT SUMMARY:
All work on the Addition and Alterations to the James McWilliams House has been completed
by the City's contractor, Romano Construction, Inc. of San Jose and has been inspected by
Building Department inspectors. The scope of work consisted of supplying all labor, equipment
and materials to renovate James McWilliams House and construct an additional storage room.
Renovations included ADA compliance, electrical work, painting, window repair and other
miscellaneous work.
Overall, the quality of construction completed through this contract was very favorable. The
original contract in the amount of $96,249 was sufficient to complete the project.
It is therefore recommended that the Council accept the project as complete. Further, it is
recommended that the Council authorize staff to record the attached Notice of Completion for the
construction contract.
FISCAL IMPACTS:
Project was funded by CDBG and Santa Clara County Grant.
SARATOGA CITY COUNCIL
MEETING DATE: February 7th, 2007 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER: 1CC ✓
PREPARED BY: Morean Kessler 4 DEPT HEAD: JohaCherhane,
SUBJECT: 2006 Annual Concrete Repair Project - Extension of Construction Contract to
Perform Traffic Safety Work at Ranfre Lane.
RECOMMENDED ACTION:
1. Authorize an increase to the change order authority for an existing construction contract
with George Bianchi Construction, Inc. in the amount of $20,000.00;
2. Approve Budget Resolution.
REPORT SUMMARY:
In October of last year, a contract was awarded to George Bianchi Construction, Inc. by the
Saratoga City Council for the 2006 Annual Concrete Repair Project. This contract is generally put
out to bid every year, and includes furnishing all materials, equipment, and labor to repair /replace
damaged curb, gutter, and sidewalk facilities at various locations throughout the City.
Earlier this month residents along Ranfre Lane brought a request before Council to improve the
safety of left - turning vehicles from Ranfre Lane onto Saratoga Avenue. This issue was also
considered earlier by the Traffic Safety Commission, and at that time the City Traffic Engineer was
directed to produce a design that would provide for the additional measure of safety that was
sought. The northern end of the existing median would be reconfigured such that left turning
vehicles from Ranfre Lane onto Saratoga Avenue would have a `Yefuge" pocket (Attachment 1).
This plan was approved by Council during the January 17`h meeting. Public Works staff estimated
that this work would cost on the order of $20,000, and could be performed relatively quickly under
the existing concrete contract with Bianchi Construction.
To proceed with this project in the most cost - effective and timely fashion, it is recommended that
Council approve an increase to the change order authority with George Bianchi Construction, Inc.
for additional scope of work, in the amount of $20,000.
Recording requested by,
And to be returned to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract
mentioned below between the City of Saratoga, a municipal corporation, whose address
is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights,
and the Contractor mentioned below, on property of the Owner, was accepted as
complete by the Owner on the 7th day of February, 2007.
Contract Number: N/A
Contract Date: August 22, 2006
Contractor's Name: Romano Construction, Inc.
Contractor's Address: 1794 Brighten Avenue, San Jose, CA 95124
Description of Work: Addition and Alterations to the James McWilliams House
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of
the State of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof, and that
the same is true of his own knowledge, except as to those matters which are therein stated
on the information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the
City of Saratoga, County of Santa Clara, State of California on
2007.
CITY OF SARATOGA
BY: ATTEST:
Dave Anderson Cathleen Boyer, City Clerk
City Manager Gov. Code 40814
SARATOGA CITY COUNCIL
MEETING DATE: February 7`h, 2007 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER:
Z
PREPARED BY: Morean Kessler /M, DEPT HEAD: Johi.gCherbar
SUBJECT: Aloha Street Safety Improvements -Award of Construction Contract
RECOMMENDED ACTION:
1. Move to declare Duran & Venables, Inc. to be the lowest responsible bidder on the project;
2. Move to award a construction contract to Duran & Venables, Inc in the amount of $34,710;
3. Move to authorize staff to execute change orders to the contract up to $15,000;
4. Move to authorize Public Works to purchase landscaping materials in the amount of
$10,000;
5. Move to authorize construction staking with Allied Engineering, hic. in the amount of
$5,000.
REPORT SUMMARY:
Sealed bids for the Aloha Street Safety Improvements Project were opened on January I lth. The
City received two bids (summarized in Attachment 1), and the lowest was submitted by Duran &
Venables, hic. in the amount of $26,710. Staff has carefully checked the bid along with the listed
references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated
December 18 "h, 2006. There was an alternate bid item in the amount of $8,000 to provide asphalt
overlay paving for the extent of the project, and staff suggests incorporating this work into the
overall scope. The resulting total contract amount for Duran & Venables will be $34,710.
The scope of work for the Duran & Venables contract includes fiunishing all materials, equipment,
and labor to construct and install asphalt roadway, decomposed granite pathways, asphalt berms,
striping and all related and incidental work.
Included in this project is the installation of landscaping at areas within the project extents. Such
landscaping will be installed in coordination with adjacent residents by the City Parks Division and
their existing contract landscaping service. Staff recommends Council to authorize the purchase of
landscaping plants and materials in the amount of $10,000.
To ensure the project is built per plan, staff recommends that the design engineers, Allied
Engineering, Inc., provide construction staking. Staff recommends Council authorize such
construction staking work in the amount of $5,000.
It is therefore recommended that the Council declare Duran & Venables, Inc. to be the lowest
responsible bidder on the project, and award a construction contract to this firm in the amount of
their bid. Further, it is recommended that the Council authorize staff to execute change orders to
the contract up to an amount of $15,000 to cover any unforeseen circumstances and additional
work, which may arise during the course of the project. Additionally, staff recommends the
purchase by the City of landscaping materials and labor in the amount of $10,000. Further, staff
recommends the authorization of construction staking services in the amount of $5,000.
FISCAL IMPACTS:
This project is funded in full from the current adopted CIP budget, listed as "Aloha Street Safety
Improvements ". The current amount available for this project is $83,334.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Duran & Venables, Inc. will not be declared the lowest responsible bidder and a construction
contract will not be awarded to that firm. The Council may make specific findings to declare
another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re -bid
the entire project. However, staff does not believe that a lower bid will be obtained by re- bidding
the project due to the competitive nature of the current bids received.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The contract will be executed and the contractor will be issued a Notice to Proceed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Local property will be contacted for notification and scheduling purposes prior to construction.
ATTACHMENTS:
1. Bid Summary
CITY OF SARATOGA
Bid Summary: Aloha Street Safety Improvements
Bid Opening Date: January 11. 2007
Item No.
A
Quantity
Unit
Description
engineers mnmate
Unit
Price
Total
Duran & Venables
Unit
Price
Total
Golden Bay Construction
Unit
Price
Total
George Bianchi
Unit
Price
Construction
Total
1
1
LS
CLEAR, GRUB, SAWCUT & DEMO
10.000
10,000
6,500.00
23,100.00
7,300.00
7,300
17,865.00
17,865.00
15,085.00
15,085.00
5,000
5,000
2
1
LS
A/C BERM WORK
3,800.00
3,800
2,232.00
2,232.00
11,225.00
11.225.00
0,000
4,000
3
1
LS
STRIPING
1,100.00
1,100
1,457.00
1,457.00
4,350.00
4,350.00
10,000
10,000
4
1
LS
STABILIZED DG PATHWAY
4,200.00
4,200
2,407.75
2,407.75
13,015.00
13,015.00
SAWCUT, REMOVE AC & INSTALL
3,000
3,000
LANDSCAPING @SOUTH END OF
5
1
LS
PROJECT
1,000.00
1,000
768.50
768.50
8,340.00
8,340.00
2,000
2,000
6
1
LS
A/C SAWCUT & REMOVAL ON HWY. 9
4,500.00
4,500
1,811.00
1,811.00
10,515.00
10,515.00
0,000
4,000
7
1
LS
A/C PATCH ON HWY. 9
4,500.00
4,500
6,300.00
6,300.00
10,625.00
10,625.00
1,000
1,000
8
1
LS
SWPPP
310.00
3101
250.00
250.00
1,765.00
1,765.00
TOTAL BID
a 39,000.00 S 26,710.00 E 33,091.25 E 74,920.00
9A
i
LS
2 A/C Overlay -Aloha Street Within Project
Extents
15,000
15,000
8,000.00
8,000
6,500.00
6,500.00
23,100.00
23,100.00
TOTAL ALTERNATE BID ITEM
15,000
8,000
6,500.00
23,100.00
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2007
ORIGINATING DEPT: Public Work
PREPARED BY: L
Iveta Harvancik, Assoc. Engineeil
AGENDAITEM: `3 I(—
CITY MANAGER7_T7:'�'76�
DEPT HEAD:
n Cherbone, PW Director
SUBJECT: Montalvo Emergency Access Easement Acceptance
RECOMMENDED ACTION(S):
Move to accept Emergency Access Easement granted by Montalvo Arts Center.
REPORT SUMMARY:
Several years ago a group of residents from Bohlman Road area contacted the City concerned
about emergency access. Their homes were developed around a single- access steep winding roads
is a heavily wooded area which makes evacuation difficult in case of emergency. There is one
existing emergency access connecting Bohlman Road to Montevina Road in unincorporated
county area south of Saratoga.
Council directed staff to identify options for developing a second emergency access road. After
considering several routes it was determined that the easiest was to construct the road through
Villa Montalvo. Members of City Council, Saratoga Fire Department, Montalvo Board of
Trustees, and Public Works staff met several times to discuss the access road locations. The route
was identified and Montalvo Arts Center representatives agreed to dedicate an easement for the
road at no cost. The grant was approved by Montalvo Board of Trustees in October of 2006.
The identified emergency road will be approximately 2000 feet long with two turnouts. It will be
unpaved gravel road connecting existing parking lot below Villa Montalvo to Norton Road.
Locked access gate shall be installed at Norton Road to prevent non - emergency use.
The construction of the road will require environmental review, engineering design work, grading,
retaining walls, and stream crossings. The cost is estimated at one million dollars. No budget has
been identified for the work at this time. Staff will be searching for available grants.
It is therefore recommended that the City Council accept the Emergency Access Easement.
FISCAL IMPACTS:
There is no direct cost to the City to accept the easement.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The easement will not be accepted.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staff will record the Grant of Emergency Access Easement.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Grant of Emergency Access Easement.
2. Map of Boh1man Road Area.
Attachment 1
RECORDING REQUESTED BY:
City of Saratoga
WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
GRANT OF EMERGENCY ACCESS EASEMENT
For valuable consideration, the undersigned Montalvo Arts Center ( "Grantor "), owners of the
hereinafter- described real property, hereby warranting that they constitute all of the owners
thereof, for themselves, their heirs, successors and assigns, hereby grant to the City of Saratoga
( "Grantee ") a permanent easement in perpetuity for the purpose of constructing, maintaining and
using an emergency access roadway designated as "Emergency Access Easement' upon, under,
over, and across that certain real property situated in the County of Santa Clara, State of
California more particularly described as Exhibit "A" attached hereto ( "Land ").
A. Rights and Privileges. This Easement shall convey the following rights and privileges:
1. Grantee may allow members of the public ingress and egress over, across, upon and
through the Easement Area in the event of an emergency.
2. Grantee may allow emergency vehicles and personnel of emergency services agencies
(e.g., Saratoga Fire Protection District) ingress and egress over, across, upon and
through the Easement Area.
B. Condition of Easement Area. Said property is to be kept open and free from any
modifications or improvements or uses that would interfere with the uses contemplated
by this Easement. Improvements built by Grantee pursuant to this agreement shall be
maintained by Grantee. Improvements built by Grantor shall be maintained by Grantor.
C. Improvements. Easement improvements authorized by this grant include, but are not
limited to, roadway, retaining walls, bridges, embankments, piers and other
appurtenances required to complete an unpaved access road for emergency ingress and
egress. Grantee shall install and maintain a locked access gate at the Norton Road access
point. Grantee shall install the proprietary lock of the fire department with jurisdiction
(e.g. a Medeco padlock) on the gate for fire department access. Grantee shall also install
a separate padlock in -line to provide residents emergency egress in the event that fire
department personnel are not present to open the gate. Grantee shall provide grantor a
key to this secondary lock and may provide copies of this key to area residents.
D. PuMose. Said Easement is to be used only for emergency access purposes as described
above. This Easement does not authorize any other uses by Grantee.
E. Recordation. Grantee shall promptly record this Easement in the official records of the
County of Santa Clara, State of California, and may re- record it at any time as may be
required to preserve Grantee's rights under this Easement.
F. Controlling Law. The interpretation of this Easement shall be governed by the laws of
the State of California.
G. Successors. The covenants, terms, conditions and restrictions of this Easement shall be
binding upon, and inure to the benefit of, the Parties hereto and their respective
successors and assigns and shall continue as a servitude running in perpetuity. The terms
"Grantor" and "Grantee," wherever used herein, and any pronouns used in place thereof,
shall include, respectively, the above -named Grantor and Grantor's successors and
assigns, and the above -named Grantee and Grantee's successors and assigns.
This offer shall be irrevocable and shall be binding upon our heirs, personal representatives,
successors and assigns. The plural as used herein shall include the singular, and the singular
shall include the Dlural.,—,
(All signatures must be acknowledged before a Notary Public — attach either corporate,
individual or partnership notary form.)
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
STATE OF � 'L, a i %n r , \ t 0� ) - OPTIONAL SECTION
COUNTY OF CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
On pi F�Jj{ �. before me, fill in the data below, doing so may prove
invaluable to persons relying on the
document.
personally appeare d, ❑ INDIVIDUAL
Nma =) =rural T( ❑ CORPORATE OFFICER(S)
❑ personally known to me - OR - V] proved to me on the basis of
Title(s)
❑ PARTINER(S) ❑ LIMITED
satisfactory evidence to be
❑ GENERAL
the person(s) whose name(ry�s) /ace.
subscribed to the within instrument and
acknowledged to me tha a Shekhey
❑ ATTORNEY -IN -FACT
executed the same U IiVIIG heiF-
❑ TRUSTEE(S)
authorized capacity(ico, and that by
❑ GUARDIAN /CONSERVATOR
]51 =11;;h=signature(s) on the
❑ OTHER:
instrument the person(, or the entity
upon behalf of which the person(4
acted, executed the instrument
WITNESS my hand and official seal.
SIGNER IS REPRESENTING:
I.�.:..),)�,�, 2
IG /
Name of Person(s) or entity(ies)
J.
'Signature Notary
OPTIONAL SECr1ON:
TITLE OR TYPE OF DOCumENT:
DATA REQUESTED HERE IS NUMER OF PAGES DATE
NOT REQUMED BY LAW.
SIGNER(S) OTHER THAN NAN ABOVE
TON11 ELKNAP
COMM. #1653555 z
a Notary Public - California o
z s 6 Santa Clara County
My Comm. Expires Mar. 23, 2010
--
EXHIBIT A
LEGAL DESCRIPTION FOR
EMERGENCY INGRESS- EGRESS EASEMENT
LANDS OF MONTALVO ASSOCIATES
PARCEL 1
File No. 0433
Being a 20 foot wide strip across that certain parcel of land described in the northwesterly portion
of that certain parcel of land conveyed to the Montalvo Association, a corporation, by document
recorded in Book 2763, at page 95, Official Records of Santa Clara County, California, the
centerline of which is more particularly described as follows:
Beginning for reference at the northwesterly comer of the 1.407 acre parcel of land as shown on
that certain Record of Survey Map of portions of Lot 13, Piedmont Map No. 1, filed for record
on May 8, 1959 in Book 106 of Maps, page 4, Santa Clara County Records; thence
N 76° 17'08" W, 775.91 feet to the True Point of Beginning of this description;
Thence proceeding from said True Point of Beginning along a curve to the left from a tangent
bearing of S 590 54' 57" W, having a radius of 70.00 feet, 'a central angle of 410 45'5211, an are
length of 51.02 feet to a point of reverse curvature; thence along a curve to the right, having a
radius of 70.00 feet, a central angle of 30° 52' 17 ", an arc length of 37.72 feet; thence
S 49° O1' 22 W, 26.84; thence along a curve to the right having a radius of 240.00 feet, a central
angle of 19° 56'03)", an arc length of 83.50 feet to a point of reverse curvature; thence along a
curve to the left, having a radius of 75.00 feet, a central angle of 86° 49' 41 ", an arc length of
113.66 feet; thence S 17° 52' 17" W, 14.64 feet; thence along a tangent curve to the right, having
a radius of 40.00 feet, a central angle of 89° 97'01 ", an arc length of 62.45 feet; thence
S 710 34'44" W, 95.18 feet; thence S 621 11' 28" W, 62.91 feet to a point hereinafter referred to
as Point "A "; thence S 75° 28'59" W, 61.52 feet; thence along a curve to the left, having a radius
of 90.00 feet, a central angle of 31 ° 03' 12 ", an arc length of 48.78 feet; thence S 440 25' 47" W,
35.91 feet; thence along a curve to the right, having a radius of 80.00 feet, a central angle of
33° 21' 08 ", an arc length of 46.57 feet; thence S 77° 46' 56" W, 41.87 feet; thence along a curve
to the left, having a radius of 225.00 feet, a central angle of 40° 44'54", an arc length of 160.02
feet to a point of reverse curvature; thence along a curve to the right, having a radius of 225.00
feet, a central angle of 23° 11' 11 ", an arc length of 91.05 feet; thence S 60° 13' 13" W, 85.71
feet; thence along a curve to the right, having a radius of 600.00 feet, a central angle of
18° 02' 02 ", an arc length of 188.85 feet to a point of reverse curvature; thence along a curve to
the left, having a radius of 110.00 feet, a central angle of 26° 50' 05, an arc length of 51.52 feet to
a point of reverse curvature; thence along a curve to the right, having a radius of 40.00 feet, a
central angle of 147° 09' 05 ", an arc length of 102.73 feet to a point of compound curvature;
thence along a curve to the right, having a radius of 420.00 feet, a central angle of I 1' 27' 07 ", an
arc length of 83.95 feet to a point of reverse curvature; thence along a curve to the left, having a
radius of 40.00 feet, a central angle of 480 54'24", an arc length of 34.14 feet; thence
N 18° 53' 03" W, 33.17 feet; thence along a curve to the left, having a radius of 40.00 feet, a
central angle of 28° 59' 19 ", an arc length of 20.24 feet; thence N 470 52' 22" W, 46.85 feet to a
point hereinafter referred to as Point "B"; thence along a curve to the right, having a radius of
75.00 feet, a central angle of 1060 37'47", an arc length of 139.58 feet; thence N 580 45' 25" E,
86.26 feet; thence along a curve to tbeleft, having a radius of 40.00 feet, a central angle of
101 ° 20' 27 ", an arc length of 70.75 feet to a point of reverse curvature; thence along a curve to
the right, having a radius of 100.00 feet, a central angle of 62° 17' 56 ", and arc length of 108.73
feet to a point of reverse curvature; thence along a curve to the left, having a radius of 40.00 feet,
a central angle of 83° 44'24", an arc length of 58.46 feet; thence N 64° 01'29" W, 11.56 feet,
more or less, to a point on the general northwesterly line of said lands of Montalvo Associates,
said point being the Terminus of this Description.
TURNOUT NO. 1
Beginning for reference, at the aforementioned Point "A "; thence S 140 31' 01" E, 10.00 feet to
the True Point of Beginning of this description; thence p:ocecdi::�- ; said True Point of
Beginning, S 30° 28' 59" W, 14.14 feet; thence S 75° 28'59" W, 40.00 feet; thence
N 59° 31' 01" W, 14.14 feet; thence N 751 28'59" W, 60.00 feet to the True Point of Beginning.
TURNOUT NO.2
Beginning for reference, at the aforementioned Point `B "; thence S 77° 18' 35" W, 11.90 feet to
the True Point of Beginning; thence proceeding from said True Point of Beginning, along a curve
to the left, from a tangent bearing of S 43° 14'5 1 " E, having a radius of 85.00 feet; a central
angle of 4° 37' 31 ", and arc length of 6.86 feet; thence S 47° 52' 22" E, 46.84 feet; thence along a
curve to the right, having a radius of 30.00 feet, a central angle of 11 ° 29' 27 ", an arc length of
6.02 feet; thence S 87° 07'38" W, 13.29 feet; thence N 47° 52'22" W, 40.00 feet; thence
N 2° 52'22" W, 14.53 feet to the True Point of Beginning.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyor's Act.
Signature
Lester Ilcegami, R 30,520
Expires 3 -31 -2006 .,'� r
hb. -20520 n
Date `%/S/o
' �vjL_
-2-
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within document, the provisions of
which are incorporated by this reference as though fully set forth in this Certification, to the City of
Saratoga, has been accepted by the Saratoga City Council by minute order dated and Montalvo
Arts Center consents to recordation thereof by the City of Saratoga.
Cathleen Boyer,
City Clerk
Date
to
Proposed
Emergency
Access
Road
-kyii'
ILI
MR
—7
ac
RD
7A
9.
COPP
Count
A
Approximate Area Accessible by Bohhnan Road
And One Existing Emergency Access Road
Proposed
Emergency
Access
Road
-kyii'
ILI
County
—7
ac
RD
00 yea
Approximate Area Accessible by Bohhnan Road
And One Existing Emergency Access Road
Attachment 01
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Wei
Mid.@ insu a'Regional an Space 61stri
fee
Existing Emergency
Access Road
;t��
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2006 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER: �"✓ G�`�
PREPARED BY: Jolig- CherbAne_ DEPT HEAD:
SUBJECT: Approval of User Agreements with AYSO, CYSA, West Valley Lacrosse Club for
use of Prospect High School's Turf Field
RECOMMENDED ACTION(S):
Approve User Agreements with American Youth Soccer Organization (AYSO), California Youth
Soccer Association (CYSA), and West Valley Lacrosse Club for the use of Prospect High
School's turf field for organized sport use and authorize the City Manager to execute the same.
REPORT SUMMARY:
Back ound:
Currently the City has executed user agreements with five organized youth sport groups AYSO,
Saratoga Little League, Saratoga Pony, CYSA, and Quito Little League. Originally the user
agreements were developed specifically for the use of Congress Springs Park, but were
subsequently expanded to include Kevin Moran and El Quito Parks.
User agreements are necessary to manage sport use in the City by scheduling activities,
controlling impacts to City parks, and recovering maintenance costs.
Last year as negotiations were nearing consensus between West Valley College and the City for
use of two of their sport fields, negations to procure use of Prospect High School's new turf field
began to gain momentum. As with the procurement of fields at West Valley College, the City
Council School Ad Hoc led the effort in negotiations with Campbell Union High School District.
Acquiring flat grass at school sites has been one of the goals of the School Ad Hoc since its
inception.
At the December 20`h City Council Meeting, City Council approved a Joint Use Agreement with
Campbell Union High School District for the use of their new turf field located at Prospect High
School.
The Joint Use Agreement benefits both the City and Campbell Union High School District with
needs that were previously unmet. The following list provides a summary of the major agreement
points that are contained in the Joint Use Agreement:
1. Provides City access to a full size turf field at Prospect High School for use on
Sundays.
2. Provides periodic after school monitoring of Prospect High School by the County Sheriffs
and City Code Enforcement.
3. Provides revenue to District in the amount of $35 per hour for use of the turf field.
4. 2 year agreement with a 5 year automatic renewal stipulation.
5. Allows scheduled practices (other than Sundays) on play fields at a rate $35 per hour.
6. Provides an encroachment permit to the District for maintenance access to High School
grounds via San Palo Ct.
7. Provides rainy day policy and penalties for unauthorized use of playfields.
8. Provides ample parking at no additional cost.
9. City will provide portable restroom facilities (associated costs to be transferred to City
sanctioned user groups).
The addition of three Sunday game fields creates opportunities to spread out weekend game
activity. These opportunities are currently being explored with the sport user groups with the
discussions centering on reducing weekend activity at El Quito Park and Blue Hills School. The
full effect of the additional game fields will not occur until the fall of 2007 when the two games
fields at West Valley College are expected to come on line. Prospect High is currently ready for
use.
Discussion:
Over the last couple of months AYSO, CYSA, and West Valley Lacrosse Club worked together
to develop a Sunday fall use schedule for Prospect High School by sharing information and field
resources (Attachment 1). The proposed use schedule was recently shared with Prospect High
School when the School Ad Hoc met with Principal Rita Mathews to go over details of the use of
their turf field.
The user agreements (Attachment 2) for the use Prospect High School are very similar to the user
agreements the City has executed with the various youth sport user groups for use of City owned
parks. The main difference is the Prospect High School user agreements must work within the
parameters of the Joint Use Agreement between the City and the Campbell Union High School
District (Attachment 3).
According to the use schedule 16 hours are reserved for AYSO, 88 hours are reserved for CYSA,
and 32 hours are reserved for West Valley Lacrosse for a total of 146 hours for the spring season.
A similar use schedule will be developed for the fall season. The schedule is flexible and allows
trading of time slots if needed.
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The agreement between the City and the School District stipulates a payment to the District for
hourly usage of the Prospect High turf field. The hourly rate of $35 will be a pass through via the
youth sports groups whom the City will have agreements with. In addition, administrative, City
labor, and rental of the portable restroom will be borne by the user groups. These costs are shown
in the fee schedules developed for each user group (Attachment 4).
It is therefore recommended that Council approve User Agreements with AYSO, CYSA, and West
Valley Lacrosse Club for use of Prospect High School's turf field.
FISCAL IMPACTS:
Approximately $7,296 in annual expense and revenue.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The User Agreements would not be approved and another mechanism for the use of Prospect High
School's turf field would need to be developed.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The Use r Agreements will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
1. Use Schedule
2. User Agreements: AYSO, CYSA, and West Valley Lacrosse Club
3. Use Agreement: Campbell Union High School District
4. Fee Schedules: AYSO, CYSA, and West Valley Lacrosse Club
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Attachment B
PROSPECT HIGH SCHOOL SPRING 2007
YOUTH SPORTS SCHEDULE
Code Enforcement: Jana Rinaldi - 857 -6539
Public Works: John Cherbone - 393 -1523
Attachment 1
Total Hours = 146
School Ad Hoc: Mayor Aileen Kao - 799 -2998
Council Member - Kathleen King - 605 -5251
Attachment 2
AGREEMENT CONCERNING US
CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY
THIS AGREEMENT ( "Agreement "), dated , by and
between the CITY OF SARATOGA, a municipal corporation ( "City "), and AMERICAN
YOUTH SOCCER ORGANIZATION, ( "User Group "), is made with reference to the
following facts:
A. The Campbell Union High School District ( "District ") is the owner of an
educational facility, located on Prospect Road, known as Prospect High School ( "the High
School "), in which the District has constructed facilities, including a turf field and parking areas
that are the subject of this agreement.
B. On December 20, 2006, City entered into an agreement with District over the
joint use of the High School premises ( "Joint Use Agreement "), which is attached hereto as
Attachment "A." The Joint Use Agreement allows City to use the High School's turf field and
parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and
practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of
the turf field and parking areas by private user groups, such as User Group.
C. City now desires to grant User Group the right to use the High School's turf field
and parking areas, provided User Group agrees to comply with City's obligations towards
District under the Joint Use Agreement, as specified in this Agreement and provided further that
District does not limit City's right to field use during the times that use is authorized by this
Agreement. City and User Group therefore desire to execute this Agreement, to establish their
respective rights and obligations concerning the use and maintenance of the High School's turf
field and parking areas.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Times and Terms of Use. User Group shall have the right to use the turf field
and parking areas shown on Exhibit "A" to the Joint Use Agreement, during the period specified
in the Soccer Season, attached hereto as Attachment `B," and at any other dates and times as
may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year.
User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use
of the High School's turf fields and parking areas and (b) the anticipated schedule of games and
practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty
(60) days prior to the commencement of each Season. During each Season, User Group shall be
entitled to the exclusive use of the turf field and shared use of the parking areas during the
conduct of its games and practices, so long as the right to such use by the City is not terminated
or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas
shall be subject to regular parking regulations. User Group shall not use the terms "Prospect
High ", "Campbell Union High School District ", or similar terms in its name or the name of any
team or club affiliated with User Group.
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2. Responsibilities of User Group. User Group may use the High School's turf
field and parking area in accordance to the limits established in the attached Joint Use
Agreement and High School rules and regulations, including, but not limited to, being
responsible for:
(a) Cleaning up of litter and debris after each use of the turf field or parking areas
and depositing of all garbage in District trash containers located at the play
fields;
(b) Ensuring the safety of all User Group activities;
(c) Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise
placed in any way on any area in use pursuant to this Agreement;
(d) Participating with City in a pre -season inspection of the turf field at least 30
days prior to the beginning of the spring and fall Seasons, at which time User
Group shall advise City of any objections to the condition of the turf field.
(e) Notifying City immediately of any objections to the condition of the turf field
encountered during the spring and fall Seasons.
(f) Ensuring that its members follow appropriate turf maintenance practices
including, but not limited, to:
i. Preparing the turf field for games and practices, including lining of
fields, relining following mowing, adjustment of goal locations, etc.;
ii. Prohibiting all liquids on the turf field, with the exception of drinking
water; and
iii. Prohibiting food of any kind on the turf field.
3. Responsibilities of City.
(a) Making arrangements with User Group for a pre- season inspection of the turf
field at least 30 days prior to the beginning of the spring and fall Seasons.
(b) Providing portable restroom facilities (including scheduled sanitation service)
for use by User Group.
4. Service charge. In consideration for the right to use the High School's turf
field and parking areas, as hereinabove described, User Group shall pay a service charge to City,
as detailed in Attachment "C," for each season during the term of this Agreement. Such service
charge shall be due and payable on or before July 1.
5. Park Use Policy. The Director of Public Works and /or his (her) City
employee designee shall each have full authority to regulate the use of the park, including, but
not limited to, regulation of field use and imposing field "rest" periods during the season or use
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