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HomeMy WebLinkAboutCity Council Agenda Packet 2007-02-20ROLL CALL ARCHIVE COPY CITY OF SARATO CITY COUNCIL SITE VISIT AGENDA TUESDAY, FEBRUARY 20, 2007 3:30 P.M. REPORT OF THE POSTING AGENDA 1. 14261 Springer Avenue ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102 - 35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, Deputy City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on February 15, 2007 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at winnv.saraioc a.ca.us Signed this 15`h day of February 2007 at Saratoga, California. Ann Sullivan, CMC Deputy City Clerk AGENDA REGULAR MEETING SARATOGA CITY COUNCIL FEBRUARY 219 2007 OPEN MEETING — 5:30 P.M. — ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE Joint meeting with the Saratoga Historic Foundation CLOSED SESSION— 6:30 P.M. — ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE CALL MEETING TO ORDER — 6:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel - Existing Litigation (1 case) (Government Code section 54956.9(a)): Suto v. Saratoga et al. (Santa Clara County Superior Court Case No.107CV078657 Conference with Labor Negotiators (Gov't Code Section 54957.6): 1) SMO: Agency Representative — Dave Anderson 2) SEA: Agency Representatives — Barbara Powell and Monica LaBossiere 3) Millmen Industrial Carpenters, Local 262: Agency Representatives — Barbara Powell and Monica LaaBossisere 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 15, 2007) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aaendized 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 the Saratoga Historic Foundation Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. None CEREMONIAL ITEMS IA. Commendation honoring Margaret Wang Recommended action: Present commendation SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. City Council Minutes — January 17, 2007 Recommended action: Approve minutes. 213. City Council Minutes — February 2, 2007 Recommended action: Approve minutes 2C. Check Register for February 6, 2007 Recommended action: Accept check register. 2D. Treasurers Report for Month Ended November 2006 Recommended action: Accept report. 2 2E. Treasurers Report for Month Ended December 2006 Recommended action: Accept report. 2F. Agreement with CIM Air, Inc. for HVAC System Installation — North Campus, Administration Building Recommended action: Accept report and adopt the resolution approving the Agreement with CIM Air, Inc. for Heating, Ventilating, and Air Conditioning (HVAC) System Installation for the North Campus Administration Building. PUBLIC HEARINGS 3. Appeal of Planning Commission Decision Approving a Minor Modification of Approved Plans at 14261 Springer Avenue Recommended action: Conduct public hearing; uphold the Planning Commisison approval of a minor modification of approved plans for 14261 Springer Avenue; Refund the appeal fee for the Planning Commission hearing. 4. Purchasing Ordinance Update Recommended action: Conduct public hearing and introduce and waive the first reading of ordinance regarding purchasing system and direct staff to place ordinance on consent calendar for final adoption. OLD BUSINESS None NEW BUSINESS Request to form a Saratoga Area Senior Coordinating Council (SASCC) City Council Adhoc Committee Recommended action: Accept report and appoint two Councilmembers to the Adhoc committee. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Aileen Kao Association of Bay Area Government Hakone Foundation Santa Clara County Valley Water Commission West Valley Mayors and Managers Association City School AdHoc Highway 9 Safety Project Committee Vice Mayor Ann Waltonsmith Hakone Foundation Northern Central Flood Control Zone Advisory Board KSAR SASCC Sister City Liaison Highway 9 Safety Project Committee Prospect Road AdHoc Councilmember Chuck Page Chamber of Commerce Santa Clara County Cities Association -Joint Economic Development Policy Committee (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, Ann Sullivan, Deputy City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on February 15, 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 ivww.sarato�,Ya.ca.us Signed this 15`n day of February 2007at Saratoga, California. Ann Sullivan, CMC Deputy City Clerk I L 'I CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 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 8/15 Summer Recess 9/5 Regular Meeting 9/19 Regular Meeting 10/3 Regular Meeting 10/17 Regular Meeting 11/7 Regular Meeting 11/21 Regular Meeting 12/5 Regular Meeting — Reorganization 12/19 Regular Meeting SARATOGA CITY COUNCIL MEETING DATE: February 21, 2007 AGENDAITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: SUBJECT: Commendation Honoring Margaret Wang RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation honors Margaret Wang for her many hours of volunteer service with the American Heart Association. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A — Copy of the proclamation SARATOGA CITY COUNCIL MEETING DATE: February 21, 2007 AGENDA ITEM: • ORIGINATING DEPTt y anager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: , City Clerk Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting — January 17, 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: N/A ATTACHMENTS: Attachment A — Minutes January 17, 2007 MINUTES SARATOGA CITY COUNCIL JANUARY 17, 2007 The City Council of the City of Saratoga held a study session to dicuss potential environmental initiatives in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. Barbara Powell, Assistant City Manager, presented staff report. Assistant City Manager Powell explained that awareness about negative environmental impacts that are occurring due to industrialization, population growth, rapid economic expansion in developing countries and other factors are the subject of increasing public awareness and concern. Assistant City Manager Powell stated that tonight's discussion was the City's first step to begin the discussion about initiatives the City may undertake to promote environmental stewardship. The following is a list of ideas generated from the City Councilmember and staff: • Intergovernmental IPM • Climate Change • Green Building o Checklist for new and remodel homes (during design phase) • Solar installation on City Buildings • Education about Environmental Sustainability • Seminars • Host an event (tailored to be easily implemented) • Review/Evaluate Best Practices for Tree Ordinance • Encourage Planting of Street Trees • Environmentally Preferable Purchasing Policy • Zero Charge for solar permits • Pursue "Climate Smart" Program • Regional Education • West Valley mayor /Manager • Coordinate with Schools, Scouts, and other organizations • Paperless electronic operations for City o Issue each Councilmember a laptop • Website /Citizen & Planning Commission Feedback • Reduce Fees for Incorporating Green Building Aspects • Restrictions on Outdoor Fireplaces/Pits • Cities Association o Walkable Communities o Climate protection/global warning Consensus of the City Council to direct staff to: 1. Estimate cost of options 2. "Greening" in phases 3. Prepare a timeline 4. Schedule a City Council and Planning Commission Study Session 5. Rank the five top options The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. ANNOUNCEMENT OF CLOSED SESSION ITEMS (Government Code section 54956.9(a)) Name of case: City of Saratoga v. Sullivan. (Superior Court of California, County of Santa Clara Case No. 107CH000601). MAYOR'S REPORT ON CLOSED SESSION Mayor Kao reported 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 17, 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 17, 2007, was properly posted on January 12, 2007. ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Elaine Clabeaux requested that the City Commissions be restored. Citizen Ray stated that in regards to the Highway 9 Safety Project he was shocked to find out the $1.7 million dollars only implements an 8ft shoulder/bicycle lane. Norman Koepernik reminded everyone the 6`h Annul Mustard Walk is scheduled for Sunday, February 4, 2007. ANNOUNCEMENTS Vice Mayor Waltonsmith announced that the City's new website was finally complete and encouraged everyone to visit it at www.saratoea.ca.us . City Council Minutes 2 January 17, 2007 Councilmember Page noted that everyone in Saratoga should have received their new garbage bins and reminded everyone not to use them until March 1, 2007. Councilmember Hunter reminded everyone that the Village Fashion Show is scheduled for Sunday, February 11, 2007 at the Foothill Club. CEREMONIAL ITEMS IA. COMMENDATION HONORING BOY SCOUT TROOP 535 STAFF RECOMMENDATION: Present commendation. Mayor Kao read the commendation and presented to members of By Scout Troop 535. Troop 535 announced that their next E -Waste event would be on June 2, 2007. 1B. PROCLAMATION DECLARING THE WEEK OF JANUARY 28- FEBRUARY 2, 2007 "CATHOLIC SCHOOLS WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor Kao read the proclamation and presented it Alison Kline, representing the Diocese of San Jose. SPECIAL PRESENTATIONS 2. ANNUAL AUDIT FOR FY 2005 -06 AND CAFR (COMPREHENSIVE ANNUAL FINANCIAL REPORT) AND MANAGEMENT LETTER STAFF RECOMMENDATION: 1. Receive audit and hear presentation by the independent audit firm of Caporicci & Larson. 2. Adopt resolution to approve Budget Adjustment No. 33 to the FY 2006 -07 budget to carry over transfers from the Recreation and Teen Center Funds. RESOLUTION: 07 -001 Gary Caporicci, representing Caporicci & Larson, gave a brief overview of the City's FY 05 -06 audit. Mr. Caporicci stated that the City's audit received the highest honor, that of an unqualified audit. HUNTER/WALTONSMITH MOVED TO ADOPT RESOLUTION TO APPROVE BUDGET ADJUSTMENT NO. 33 TO THE FY 2006 -07 BUDGET TO CARRY OVER TRANSFERS FROM THE RECREATION AND TEEN CENTER FUNDS. MOTION PASSED 5 -0. City Council Minutes 3 January 17, 2007 CONSENT CALENDAR 3A. CITY COUNCIL MINUTES — DECEMBER 20, 2006 STAFF RECOMMENDATION: Approve minutes. KING/WALTONSMITH MOVED TO APPROVE COUNCIL MINUTES FROM DECEMBER 20.2006 — REGULAR MEETING. MOTION PASSED 5 -0. 313. CHECK REGISTER FOR DECEMBER 19, 2006 STAFF RECOMMENDATION: Accept check register. KING /WALTONSMITH MOVED TO ACCEPT CHECK REGISTER FROM 12/20/06. MOTION PASSED 5 -0. 3C. TREASURERS REPORT FOR MONTH ENDED OCTOBER 2006 STAFF RECOMMENDATION: Accept report. KING /WALTONSMITH MOVED TO TREASURERS REPORT FOR MONTH ENDED OCTOBER 2006. MOTION PASSED 5 -0. 3D. TRAFFIC SAFETY COMMISSION MEETING SCHEDULE STAFF RECOMMENDATION: Adopt resolution approving the revised meeting schedule. RESOLUTION: 07 -004 KING /WALTONSMITH MOVED TO ADOPT RESOLUTION AUTHORIZING THE TRAFFIC SAFETY COMMISSION TO AMEND ITS MEETING SCHEDULE FROM QUARTERLY TO EVERY OTHER MONTH. MOTION PADDED 5 -0. 3E. AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT FOR THE GENERAL PLAN UPDATE WITH DEBORAH UNGO- MCCORMICK CONSULTING STAFF RECOMMENDATION: Authorize the City Manager to execute an Amended Agreement with Ungo- McCormick Consulting for planning and development services to prepare an update of three of the City's General Plan Elements. City Council Minutes 4 January 17, 2007 KING /WALTONSMITH MOVE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH UNGO- MCCORMICK CONSULTING FOR PLANNING AND DEVELOPMENT SERVICES TO PREPARE AN UPDATE OF THREE OF THE CITY'S GENERAL PLAN ELEMENTS. MOTION PASSED 5 -0. PUBLIC HEARINGS 4. CITY INITIATED NEGATIVE DECLARATION, GENERAL PLAN LAND USE MAP AMENDMENT, AND ZONING MAP AMENDMENT RELATING TO ELEVEN (11) PARCELS STAFF RECOMMENDATION: 1. Adopt resolution approving the Negative Declaration (solely as it pertains to the subject parcels, not the ongoing review of the pending General Plan Land Use Map Update). 2. Adopt resolution approving the purposed General Plan Land Use Map Amendment for 8 of the 11 parcels. 3. Open and conduct the public hearing, introduce the ordinance amending the zoning map for 3 of the 11 parcels, waive the first reading, and schedule the item for second reading and adoption on consent calendar. RESOLUTION: 07 -003 & 004 Therese, Associate Planner, presented staff report. Mayor Kao opened the public hearing and invited public comments. Robert Zager stated that he felt the notices of public hearing that were sent to property owners were incomprehensive. Mayor Kao closed the public hearing. WALTONSMITH/HUNTER MOVED TO ADOPT RESOLUTION APPROVING THE NEGATIVE DECLARATION (SOLELY AS IT PERTAINS TO THE SUBJECT PARCELS, NOT THE ONGOING REVIEW OF THE PENDING GENERAL PLAN LAND USE MAP UPDATE). MOTION PASSED 5 -0. PAGE /WALTONSMITH MOVED TO ADOPT RESOLUTION APPROVING THE PURPOSED GENERAL PLAN LAND USE MAP AMENDMENT FOR 8 OF THE I1 PARCELS. MOTION PASSED 5 -0. HUNTER/PAGE MOVED TO INTRODUCE THE ORDINANCE AMENDING THE ZONING MAP FOR 3 OF THE 11 PARCELS, WAIVE THE FIRST READING, AND SCHEDULE THE ITEM FOR SECOND READING AND ADOPTION ON CONSENT CALENDAR. MOTION PASSED 5 -0. City Council Minutes 5 January 17, 2007 RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION STAFF RECOMMENDATION: Conduct public hearing and adopt resolution. RESOLUTION: 07 -005 Cathleen Boyer, City Clerk, presented staff report. Mayor Kao opened the public hearing and invited public comments. Seeing none, Mayor Kao closed the public hearing. WALTONSMITH/PAGE MOVED TO HAZARDOUS VEGETATION. MOTION PASSED 5 -0. 6. ORDINANCE ADOPTING VIDEO SERVICE STANDARDS STAFF RECOMMENDATION: Conduct public hearing and introduce and waive first reading of ordinance regarding video service standards and direct staff to place ordinance on consent calendar for final adoption. Richard Taylor, City Attorney, presented staff report. Mayor Kao opened the public hearing and invited public comments. Seeing none, Mayor Kao closed the public hearing. WALTONSMITH/PAGE MOVED TO INTRODUCE AND WAIVE FIRST READING OF ORDINANCE REGARDING VIDEO SERVICE STANDARDS AND DIRECT STAFF TO PLACE ORDINANCE ON CONSENT CALENDAR FOR FINAL ADOPTION. MOTION PASSED 5 -0. OLD BUSINESS None NEW BUSINESS REVIEW OPTIONS FOR RANFRE LANE REFUGE POCKET STAFF RECOMMENDATION: Consider report, accept public testimony, and provide direction to staff. John Cherbone, Public Works Director, presented staff report. City Council Minutes 6 January 17, 2007 The following people spoke in favor of the proposed refuge pocket and encourage the Council to fund the project as soon as possible: Corinae Vita Cheryl Schweitzerhof Dory Albert Mark Peeples Hartuti Peeples Ed Vincent Dave Mighdoll Jeff Hoffman Jan Smith WALTONSMITH/PAGE MOVED TO SUPPORT THE PROPOSED RANFRE LANE REFUGE POCKET USING COUNCIL CONTINGENCY; PREPARE BUDGET RESOLUTION FOR THE FEBRUARY 7.2007 AGENDA. MOTION PASSED 5 -0. PARK DEVELOPMENT AND SPORT FIELD USE — PUBLIC DISCUSSION OPTIONS STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Denise Goldberg reiterated the purpose behind the proposed imitative and also added that the group would consider withdrawing the imitative. Mrs. Goldberg noted that he Parks & Recreation Commission should be brought back. Elaine Clabeaux note that she is not in favor of the options in the staff report. Mrs. Clabeaux noted that she would like to see the city adopt the initiative. Mrs. Clabeaux stated that she would prefer not to spend the City's money on an election. Howard Miller opposed to their initiative for because it would ban Sunday play which would eliminate the VIP program and opening day. Mr. Miller stated that the initiative also bans paid coaching or training. Mr. Miller stated that the user groups should be represented in any discussions. Cheriel Jensen noted that a lot of people are concerned about loosing open space in the City. Mrs. Jensen stated that the various groups should be able to work the issues out with the Council rather than going to a ballot. David Mighdoll noted that the issue before the council tonight was to discuss options no the initiative. Mr. Mighdoll stated that in his opinion the whole community would be interested. Maria Geurra stated that everyone's opinion should be considered Pablo Parker requested that the City Council support organized sports in Saratoga. City Council Minutes 7 January 17, 2007 Debbie Lillo noted that she supported community input. PAGE /WALTONSMITH MOVED TO COMMIT TO CREATING AN ENTITY TO DISCUSS THE PHILOSOPHY AND TO COLLECT INPUT ABOUT ISSUES REFLECTED IN THE INITIATIVE, IF THE INITIATIVE IS WITHDRAWN BY A FORMAL LETTER TO BE FILED WITH THE CITY CLERK. Motion passed 5 -0. HIDDEN HILLS AND PROSPECT ROAD - OUTREACH OPTIONS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Council consensus to direct staff to plan a City Hall Open House in the Spring. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kao had no reportable information. Vice Mayor Waltonsmith reported the following information: Highway 9 Safety Proiect Committee - two meeting have been held and a discussion took place in regards to the relinquishment of Highway 9 to the three cities. Councilmember Page had no reportable information. Councilmember King reported the following information: County Cities Association Legislative Task Force - requested that the following items be agendized for discussion: 1) City Selection Committee Policy Priorities 2) City Selection Committee Appointment to the Metropolitan Transportation Commission. Valley Transportation Authority PAC - $57 million in bond funds which has to be used for mass transit projects. Councilmember Hunter reported that Councilmember she attend the League of California Cities Annual Conference last week with Councilmember Page and City Manager Anderson. Councilmember Hunter stated that is was a very good conference with over 440 in attendance. CITY COUNCIL ITEMS In regards to Mr. Zagar's comments regarding the noticing procedures for public hearings, Councilmember King asked if legal notices could be printed on one color and written in a way the public can understand the notice. OTHER None City Council Minutes 8 January 17, 2007 CITY MANAGER'S REPORT Under the City's Code, City Manager Anderson explained that he had to ask permission from the Mayor to leave town. City Manager Anderson requested permission to leave town from Friday, January 19, 2007 returning on Monday, January 22, 2007. Mayor Kao granted City Manager Anderson's request. ADJOURNMENT There being no further business Mayor Kline adjourned the regular meeting at 10:25 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 9 January 17, 2007 SARATOGA CITY COUNCIL MEETING DATE: February 21. 2007 AGENDA ITEM- 211 ORIGINATING DEP • y ager's Office CITY MANAGER: -- PREPARED BY: DEPT HEAD: Cag n yer, City Clerk Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: City Council Retreat — February 2, 2007 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: M FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A — Minutes February 2, 2007 MINUTES SARATOGA CITY RETREAT HAKONE GARDENS FEBRUARY 2, 2007 Mayor Kao called the Council retreat order at 9:00 a.m. ROLL CALL PRESENT: Mayor Aileen Kao, Vice Mayor Ann Waltonsmith, Councilmembers Chuck Page, Kathleen King, Jill Hunter ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Barbara Powell, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director Sandra Sato, Interim Administrative Services Director John Cherbone, Director of Public Works John Livingstone, Community Development Director Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 2, 2007 Cathleen Boyer, City Clerk reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 2, 2007 was properly posted on January 31, 2006. ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Priscilla Ho informed the Council that she feels that the Wildlife Center should keep treated birds with West Nile Virus for at least six months. 1. TAX EQUITY ALLOCATION (TEA) FUNDS Dave Anderson, City Manager, presented staff report. COUNCIL DISCUSSION One Time Funds Mayor Kao • Replenish Council Contingency @ $30,000 • Allocate some funds towards the North Campus renovations • Fund Kevin Moran Park @ $1.1 • Hold off funding Hakone matching funds • Investigate the concept of a "Historic Village" designation • Village Sidewalk Project o Prepare a Sidewalk Master Plan • Suspend the Hakone Gardens matching funds Vice Mayor Waltonsmith • Replenish Council Contingency @ $30,000 • Fund Kevin Moran Park @ $1.1 • Fund Hakone Gardens matching funds Allocate some funds towards the North Campus renovations Village Sidewalk Project o Supports Option 1 — Remove and Replace Damaged Concrete @ $740,000 Councilmember Page • Replenish Council Contingency @ $30,000 • Fund Kevin Moran Park @ $1.1 • Suspend the Hakone Gardens matching funds Saratoga Village needs a Master Plan Village Sidewalk Project o Supports Option 1 — Remove and Replace Damaged Concrete @ $740,000 Councilmember King • Replenish Council Contingency @ $30,000 • Fund Kevin Moran Park @ $1.1 • Allocate some funds towards the North Campus renovations • Table the matching funds for Hakone; wait and see if the City receives park bond funding from the State • Village Sidewalk Project o Prepare a Sidewalk Master Plan Councilmember Hunter • Replenish Council Contingency @ $30,000 • Does not support the funding of Kevin Moran Park @ $1.1 — would like to suggest minimum upgrades • Allocate some funds towards the North Campus renovations • Suspend the Hakone Gardens matching funds • Investigate the concept of the Village as being designated and marketed as "Historic Village" through the National Trust • Install lights on 3rd Street and Oak Street • Would not support any funds being used to prepare a Village Master Plan or to hire a consultant 1. Unanimous consensus on the following items: • Replenish Council Contingency @ $30,000 • Hold off on funding Hakone matching funds City Council Retreat Minutes 2 February 2, 2007 2. Items where there is substantial consensus • Fund Kevin Moran Park @ $1.1 million 3. Items with majority concurrence • Village Master Plan (includes sidewalks) Ongoing Funds Mayor Kao CIP — integrate all money and project to make Saratoga unique and beautiful. • Would support allocating a portion of the TEA funds for strategic planning Vice Mayor Waltonsmith • Suggested Pavement Management Program allocation is too high for a city the size of Saratoga Supports allocating addition financial assistance from the City to KSAR Supports weekly street sweeping Councilmember Page • Look at investment opportunities Councilmember King • Keep at least half of the TEA money each year for capital strategic needs • Citizens of Saratoga expect the following to be provided: o Safety o Infrastructure • Community Development • Business Development • Recreational Services Supports allocating addition financial assistance form the City to KSAR Leverage TEA (don't obligate it all on operations) use as matching funds Councilmember Hunter • Roads are in good shape Does not support allocating $1.8 million to the Pavement Management Program (PMP), would support allocating $1 million Keep at least half of the TEA money each year for capital strategic planning needs COUNCIL DIRECTION • Council Consensus — none • Substantial consensus — none • Items with majority consensus to save some of the TEA money each year for capital strategic needs 2. FACILITIES Barbara Powell, Assistant City Manager, Joan Pisani, Recreation Director, Thomas Scott, Facilities Supervisor and Yvonne Lampshire, Facilities Rental Coordinator, presented staff report. City Council Retreat Minutes 3 February 2, 2007 Mayor Kao • Asked about solar panels on Fellowship Hall • Must keep good of community as focus • Prefers that the Sanctuary building be demolished and use land for community use • RFP — whole campus or just front? Send out ASAP Vice Mayor Waltonsmith • Two front buildings provide a buffer • If the Education and Sanctuary buildings are used: • Must provide a buffer • Must be open to the community (public use) • Willing to give long term lease • If Sanctuary building is demolished would leave an "ugly" space • Prefer leave as is and use for storage • Find out proposals for use • How much does it cost to build a small gymnasium? Councilmember Page • RFP a good idea • If long term lease, turn over to City after lease • Need to take noise in account when approving potential uses, as neighbors are sued to an under utilized site • Open up facilities to the larger community Councilmember King • Front property not fully utilized • City could fund more as matching funds • RFP ok to consider Councilmember Hunter • Prefers no modular buildings COUNCIL DIRECTION • Consensus to schedule a Study Session to set parameters for proposals 3. CITY COMMISSIONS, COMMITTEES, AD HOCS, TASKFORCES Barbara Powell, Assistant City Manager, presented staff report. Mayor Kao • If Commissions are reinstated make sure they have clear goals • Website provides venue for citizen input o May need to educate people about it • If Commissioners are appointed; residents would need to speak through the Commissions • Each commission will have different goal(s) City Council Retreat Minutes 4 February 2, 2007 • Parks & Recreation Commisison could focus on the principles of the initiative Vice Mayor Waltonsmith • All for reinstating the commission and empowering them • We have had years of "Top down" approach from City Council. o Want to avid in future in the community • Existing commissions /committees are great "eyes & ears" • Want Commissions to bring forth ideas • Try to work with neighborhood groups • Help build groups in areas without neighborhood groups • Train residents workings of the City • Ongoing issues • Library Commission — who oversees bond money; continue quarterly meetings • Finance Commission — make it a committee; could possibly handle library bond money • Arts Commission and Parks and Recreation Commission — combined into one commission; together could provide opportunity to raise money and promote events • Traffic Safety — go back to Public Safety Commission • Heritage Preservation Commission — give direction/channel • Traffic Safety Commission — ok as is • Library Commission — mothball • Finance Commission — manage library bond money; translate budget to public • Parks & Recreation Commission — reinstate with specific scope _ Councilmember Page • What is the ultimate benefit of commissions? • Potential problem — "You didn't hear me because you didn't do what I said" • Have commissioners receive input form residents; come to Council for direction/focus /priorities • Library Commission — does not function; purpose is not clear; may not need • Arts Commission — unfocused (ideas with no money) • Finance Commission — questioned their need; maybe have a Budget Oversight Group • Traffic Safety Commission — ok as is as long as they ask for help with conflicts like we have experiences recently with the issue of speed bumps on Pierce Road • Parks & Recreation Commission — Put back in place; possible conversion to a Public Use Commission Councilmember King • What is the objective? • Are we trying to get citizens involved? • Flushing out issues to bring to Council? • Need to analyze costs vs. benefits • Two way education about what commission can do • If no direct relation with City some residents feel disenfranchised • Would like more community input • Suggest neighborhood representatives City Council Retreat Minutes February 2, 2007 • Need to analyze benefit and costs • Parks & Recreation Commission — support reinstating; have to have clear objectives /directions right now • Arts and Finance Commission — not sure about reinstating • Parks & Recreation Commission — reinstate with specific scope • Heritage Preservation Commission — give direction • Take longer time with Commissions during Council joint meeting to provide focus /direction • Library Commission — mothball Councilmember Hunter • Support reinstating all Commissions • Commissions need strong direction from Council • What was /is the cost of not having commissions (what they provide /save the City) • Need to communicate that City Council cares • People feel less disenfranchised if they feel they know who to go to • Make people feel as if they are part of the governance of Saratoga; part of the process • City Councilmembers should sit on commissions • Model — Saratoga Education Foundation • Take in input • Board gives direction • Reinstate Arts, Finance, and Parks & Recreation Commissions PUBLIC COMMENTS Cheriel Jensen stated that she fully supports reinstating the commissions. Mrs. Jensen pointed out that in the past the Finance Commission provided an overview of the City financials which was available at the Saratoga Library. Mrs. Jensen would like the Parks & Recreation Commission to revisit the dog park issue. Mrs. Jensen stated that she feels commissions can function without staff support. Mrs. Jensen stated that it's her belief that the more commissions the better. COUNCIL DIRECTION Consensus of the City Council to direct staff to prepare a staff report including the following information: • Park & Recreation Commission • Option for terms and number of members • Extend suspended members terms? • Staffing • Larger focus; not focused only on parks and fields • Council to provide specific direction • Library Commission —at joint meeting on April 4, 2007 discuss options • Arts Commission — continue discussion • Finance Commisison — purpose; to prepare an executive summary of budget and audit City Council Retreat Minutes 6 February 2, 2007 Councilmember King and City Manager Anderson will talk to Villa Montalvo in regards to a possible formation of a Cultural Council 4. PUBLIC INFORMATION /COMMUNITY OUTREACH Cathleen Boyer, City Clerk, presented staff report. Mayor Kao • State of the City — support; mid year • Saratogan — support but find ways to cut costs (place them at the Post Office and throughout City Hall, email version) Vice Mayor Waltonsmith • Keep newspapers informed • Update web • KSAR — Allocate more funds • Saratogan — reinstate I per year • WVC& R — use quarterly invoices to publish public notices • Neighborhood meetings — support for major issues • Citizen Academy — support • State of the City — support Councilmember Page • Create a list serve where more that two Councilmembers could log on • Look at ways to send out Saratogan (web, email) • Neighborhood meetings — support; a place to be heard and gather input Councilmember King • Create a list serve on key issues • Use a list serve to learn how people want to receive information • Use a city -wide voice mail to notify groups of meeting times and dates Councilmember Hunter • Use banner at Blaney Plaza only for Saratoga events COUNCIL DIRECTION Consensus of the City Council to move forward with the following: • Continue with currently used methods of outreach • Incorporate neighborhood meetings into outreach • Publish one Saratogan • Prepare a "State of the City" midyear • Investigate "City Page" in the Saratoga News and Los Gatos Daily • "Hall of Fame" page on City's web site with photos of people /groups receiving commendations and proclamations. City Council direction to staff to purchase a digital camera for this purpose. • City sponsored list serve City Council Retreat Minutes 7 February 2, 2007 5. STAFFING ISSUES (INCLUDING SHERIFF'S OFFICE) Barbara Powell, Assistant City Manager, presented staff report. COUNCIL DISCUSSION Mayor Kao • Asked the reasons behind recent departure of employees • Add more employees; workflow would even out • Offer FTEs more money • Ease into additional employees • Would like to keep employees happy • What is the work load for each department? Vice Mayor Waltonsmith • Supports all recommendations in staff report; current staff is exhausted Councilmember Page • Suggested that the recommended positions be prioritized • Requested a cost increase projection for the next few years of employee salaries, benefits, etc. Councilmember King • Concerned about the upcoming employee negotiations • Concerned with the proposed increase in staff at approximately $160k and the additional request of $95k for an analyst to manage the Parks & Recreation Commisison. • Five additional employees would put the total FTEs at the highest in 10 years • Staff recommendations could use up to 30% of the TEA funds • How does Saratoga's attrition compare to other cities? Councilmember Hunter Hard to support staff's recommendations; should take one step at a time Asked why the City does not hire part time employees rather than hiring temporary employees COUNCIL DIRECTION Council direction to staff to continue this item to the next retreat and include the following: 1. Prioritize positions in report 2. Cost projection 3. Cost of benefits City Council direction to convert the City Council meeting packet onto a CD for distribution and provide City Councilmembers with laptop computers. City Council Retreat Minutes 8 February 2, 2007 STAFFING ISSUES - SHERIFF'S OFFICE Captain Terry Calderone, Santa Clara County Sheriff's Office (SO), presented staff report. Captain Calderone stated that they are in the same position as the City. Captain Calderone pointed out that staffing is a real concern and listed the positions that have been cut from 2001 -2006. Captain Calderone reported that call for service were up 7% and accident calls up 8 %. Captain Calderone stated the SO would like to covert the Neighborhood Resource Officer (NRO) position to the School Resource Officer (SRO). COUNCIL DIRECTION • Continue discussion 6. ORDINANCE PRIORITIES COUNCIL DISCUSSION None COUNCIL DIRECTION • Continue discussion 7. REPRISE TEA — CITY COUNCIL DIRECTION FOR BUDGET COUNCIL DISCUSSION None COUNCIL DIRECTION • Continue discussion 8. SCHEDULE FUTURE STUDY SESSIONS COUNCIL DISCUSSION Councilmembers discussed the following items for future study session meetings: • Enhancement of Cooperation with Local School Districts • Saratoga to the Sea Project • City Financial Status • Contract Process • Mixed Use Housing • Abrams Property • Public Safety COUNCIL DIRECTION • Continue Council Retreat to March 2, 2007 • Enhancement of Cooperation with Local School Districts - refer this item to the City Council Adhoc City Council Retreat Minutes 9 February 2, 2007 • Saratoga to the Sea Project — remove from list for time being • City Financial Status — item for the March 2nd retreat agenda • Contract Process — City Manager Anderson and Director Cherbone to meet with interested Councilmembers • Mixed Use Housing — item for the March 2 "a retreat agenda • Abrams Property — schedule this item for discussion at a regular meeting in the near future • Public Safety— remove from list ADJOURNMENT There being no further business Mayor Kao adjourned the meeting at 5:00 p.m. and thanked everyone for attending the retreat. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Retreat Minutes 10 February 2, 2007 SARATOGA CITY COUNCIL ,vIEETING DATE: 02/21/07 AGENDA ITEM: 2 ORIGINATING DEPT: Admin Svcs. CITY MANAGER: PREPARED BY: DEPT HEAD: J�,Vj,, Rey Forond4 Mary Furey, finance & A.S. Director SUBJECT: Check Register for 02/06/2007 RECOMMENDED ACTION: That the City Council accepts the Check Register for 02/06/2007. REPORT SUMMARY: Attached is the Check Register for 02/06/2007. The checks were released on 02/07/2007. Payroll checks were released on 02/01/2007. The prior Check Register for 01/23/2007 ended with check number 104172. The following is a list of checks issued for more than $10,000.00 and a brief description of the expenditure: Check # Issued to Starting Ending Total I Amount Type of Checks Date Check # Check # Checks Amount Accounts Payable 02/06/07 104173 104267 95 $153,350.75 Payroll 02/01/07 32134 32164 31 $129,322.20 TOTAL $282,672.95 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 I Dept I I Amount 104174 Advanced Listing Services Special I Comm Dev IMailing Services $17,419.80 104195 City of San Jose General I City Manager jAnimal Services 1 $12,916.67 104258 Town of Los Gatos Others jPublic Works I Safety Grant $20,400.00 The following is a list of voided checks. There are no manual checks issued checks during the period. Check # I Issued to I Purpose Amount 101250 jJill Hunter IStale check voided for replacement $150.00 104167 jJames Cilker ITo facilitate refund amount recalculation $4,150.00 The following is a list of cash reduction by Fund: Fund # Fund Description A/P Total PR Total Total 001 General 62,054.47 38,148.76 100,203.23 150 Streets & Roads 5,115.31 16,416.12 21,531.43 224 Village Commercial Landscape 661.61 661.61 250 Development Services 28,846.10 48,217.92 77,064.02 290 Recreation 14,943.15 15,534.23 30,477.38 291 Teen Services 3,297.36 3,297.36 352 Infrastructure 1,417.00 1,417.00 604 Planning Deposit Pre 2006 6,576.91 6,576.91 605 Planning Deposit FY 2006 2,025.84 2,025.84 701 Traffic Safety 3,031.27 3,031.27 702 Highway 9 Safety 20,400.00 20,400.00 716 Highway 9 /Oak Pedestrain 1,077.47 1,077.47 743 Blaney Plaza Improvements/Construction 1,410.00 1,211.27 2,621.27 791 Kevin Moran 75.00 75.00 TOTAL 153,350.75 129,322.20 282„672.95 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: i`D_1 ATTACHMENTS: Check Register in the Expenditure Approval List format. PREPARED 02/06/2007, 16:21:25 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 02/19/2007 CHECK DATE: 02/06/2007 CITY OF SARATOGA ---------------------------------------------------------------------'._-------------------- VEND NB VNNDDR NAME INVOICE VOUCHER P.O. ENK CHECK /DUB ACCOUNT ITEM EXPENDITURE HAND- IEEUED NO ---------------------------------------------------------------------------------------------'"_-----_------------------------------ NO NO DATE NO DESCRIPTION AMOUNT 0004202 ADVANCED LISTING SERVICES 2172 003664 00 02/06/2007 250 -0000- 207.05 -00 AP12RF•ALS GROUP UPDATE 845.20 2173 003867 00 02/06/2007 250- 0000 - 207.05 -00 AP12RF•ALS GROUP UPDATE 1,600.00 2180 003870 00 02/06/2007 250 -0000- 207.05 -00 AP12RF•ALS GROUP UPDATE 385.65 2179 003873 00 02/06/2007 250 -0000- 207.05 -00 AP12RF•ALS GROUP UPDATE 989.68 2170 003876 00 02/06/2007 250 -0000- 207.05 -00 AP12RF•ALS GROUP UPDATE 369.70 2171 003879 00 02/06/2007 250 -0000- 207.05 -00 AP12RF•ALS GROUP UPDATE 370 -96 2174 003882 00 02/06/2007 250- 0000 - 207.05 -00 AP12RF•ALS GROUP UPDATE 319.10 2175 003885 00 02/06/2007 250 -0000- 207.05 -00 AP12RF•ALS GROUP UPDATE 248.70 2176 003888 00 02/06/2007 250 - 0000-207.05 -00 AP12RF•ALS GROUP UPDATE 927.90 2178 003891 00 02/06/2007 250 -0000- 207.05 -00 AP12RF•ALS GROUP UPDATE 1,348.50 2177 003894 00 02/06/2007 250 -0000- 207.05-00 AP12RF•ALS GROUP UPDATE 1,400.00 2169 003897 00 02/06/2007 250 -0000- 207.05 -00 AP12RF•ALS GROUP UPDATE 1,407.13 2168 003900 00 02/06/2007 250 -0000- 207.05 -00 AP12RF•ALS GROUP UPDATE 6,765.98 2172A 003865 00 02/06/2007 250- 4005- 444.13 -00 AP12RF•ALS GROUP UPDATE 845.20 - 2172B 003866 00 02/06/2007 250 -4005- 542.52 -43 AP12RF•ALS GROUP UPDATE 845.20 2173A 003868 00 02/06/2007 250- 4005- 444.13 -00 AP12RF•ALS GROUP UPDATE 1,600.00 - 2173B 003869 00 02/06/2007 250 - 4005 - 542.52 -43 AP12RF•ALS GROUP UPDATE 1,600.00 2180A 003871 00 02/06/2007 250- 4005- 444.13 -00 AP12RF•ALS GROUP UPDATE 385.65 - 2180H 003672 00 02/06/2007 250- 4005 - 542.52 -43 AP12RF•ALS GROUP UPDATE 385.65 2179A D03874 00 02/06/2007 250 -4005- 444.13 -00 AP12RF•ALS GROUP UPDATE 989.68 - 2179B 003875 00 02/06/2007 250 - 4005 - 542.52 -43 AP12RF *ALS GROUP UPDATE 989.66 2170A 003877 00 02/06/2007 250 - 4005 - 444.13 -00 AP12RF•ALS GROUP UPDATE 369.70 - 2170B 003878 00 02/06/2007 250 - 4005 - 542.52 -43 AP12RF•ALS GROUP UPDATE 369.70 2171A 003880 00 02/06/2007 250 - 4005 - 444.13 -00 AP12RF•ALS GROUP UPDATE 370.96- 21718 003881 00 02/06/2007 250 - 4005 - 542.52 -43 AP12RF•ALS GROUP UPDATE 370.96 2174A 003863 00 02/06/2007 250 -4005- 444.13 -00 AP12RF•ALS GROUP UPDATE 319.10 - 2174B 003884 00 02/06/2007 250- 4005 - 542.52 -43 AP12RF•ALS GROUP UPDATE 319.10 2175A 003886 00 02/06/2007 250 - 4005 - 444.13 -00 AP12RF•ALS GROUP UPDATE 248.70- 21758 003887 00 02/06/2007 250 - 4005 - 542.52 -43 AP12RF•ALS GROUP UPDATE 248.70 2176A 003889 00 02/06/2007 250 - 4005 - 444.13-00 AP12RF•ALS GROUP UPDATE 927.90- 21768 003890 00 02/06/2007 250 -4005- 542.52 -43 AP12RF•ALS GROUP UPDATE 927.90 2176A 003892 00 02/06/2007 250- 4005- 444.13 -00 AP12RF•ALS GROUP UPDATE 1,348.50- 21788 003893 00 02/06/2007 250 - 4005 - 542.52 -43 AP12RF•ALS GROUP UPDATE 1,348.50 2177A D03895 00 02/06/2007 250- 4005- 444.13 -00 AP12RF•ALS GROUP UPDATE 1,400.DD- 21778 003896 00 02/06/2007 250- 4005- 542.52 -43 AP12RF•ALS GROUP UPDATE 1,400.00 2169A 003698 00 02/06/2007 250-4005 - 444.13 -00 AP12RF•ALS GROUP UPDATE 1,407.13- 21698 003899 00 02/06/2007 250 - 4005 - 542.52 -43 AP12RF•ALS GROUP UPDATE 1,407.13 2168A 003901 00 02/06/20D7 250 -4005- 444.13 -00 AP12RF•ALS GROUP UPDATE 6,765.98- 2168E 003902 00 02/06/2007 250 - 4005 - 542.52 -43 AP12RF•ALS GROUP UPDATE 6,765.98 2166 003903 00 02/06/2007 250- 4010 - 542.51 -41 ZA12RF•07 -143 OWNR LISTNG 224.50 2160 003904 00 02/06/2007 250- 4010 - 542.51 -41 ZA12RF•07 -136 OWNR LISTNG 216.80 VENDOR TOTAL • 17,419.80 0002645 ADVANTAGE JANITORIAL SUPPLY 20313-1 003707 00 02/11/2007 001 - 1060 - 513.32 -51 FMOIKC•JANITORIAL SUPPLY 164.09 20313 003708 00 02/09/2007 001- 1060 - 513.32 -51 FMOIKC•JANITORIAL SUPPLY 741.97 VENDOR TOTAL • 906.06 0001964 ALLIED ADMINISTRATORS - PLAN 05A94 PREPARED 02/06/2007, 16:21:25 EXPENDITURE APPROVAL LIST PROGRAM: GM339L AS OF: 02/19/2007 CHECK DATE: 02/06/2000 CSTY OF YARATOOA - VEND NO VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK /DUE ACCOUNT ITEM EXPENDITURE NO NO NO DATE NO DESCRIPTION AMOUNT 0001964 ALLIED ADMINISTRATORS - PLAN #5A94 MAR 2007 003843 00 02/06/2007 001- 0000- 210.20 -07 PR03XC *DNTL INSUR -DMO -MAR 345 .56 VENDOR TOTAL ' 345.56 0001963 ALLIED ADMINISTRATORS- PLAN#30710 MAR 2007 003844 00 02/06/2007 001- 0000- 210.20 -07 PR03KC *DNTL INSUR -DPO -MAR 3, 967.30 VENDOR TOTAL 3,967.30 0000019 ALLIED LOCK 6 KEY 83613 003710 00 02/17/2007 001- 1060 - 513.32 -51 FM01XC* VAULT -COMBO CHG 155.00 VENDOR TOTAL • 155.00 0000022 AMERICAN FLEETCARE 6037 003805 22453 00 02/05/2007 001 - 1035 - 512.54 -33 EQ12RF -PREV MAINT SRVCS 927.00 VENDOR TOTAL ' 927.00 0002196 AMERICAN PAYROLL ASSOCIATION 01/31/07 003761 00 02/06/2007 001- 1040 - 513.31 -91 FN01KC *MEMBERSHP- CASELLI 165.00 VENDOR TOTAL * 165.00 0001523 ARROWHEAD MOUNTAIN SPRING WATER CO. 07AD020005765 003711 00 02/06/2007 001- 1060 - 513.56 -14 FMOIKC* WATR SVC- 12/7 -1/6 126.63 VENDOR TOTAL * 126.63 0003526 ATHLETORTUS, INC. 81705 -1 003766 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC'INSTRUC- GYMNASTICS 145.00 81706 -1 003767 00 01/24/2007 290- 6005- 564.53-10 RCO2KC- INSTRUC- GYMNASTICS 72.50 81707 -1 003768 00 01/24/2007 290 - 6005 - 564.53 -10 RCO2KC- INSTRUC- GYMNASTICS 145.00 81706 -1 003769 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC- INSTRUC- GYMNASTICS 326.25 81709 -1 003770 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC'INSTRUC- GYMNASTICS 217.50 81711 -1 003771 00 01/24/2007 290 - 6005- 564.53 -10 RCO2KC *INSTRUC- GYMNASTICS 253.75 81712 -1 003772 00 01/24/2007 290 - 6005 - 564.53 -10 RCO2KC *INSTRUC- GYMNASTICS 253.75 81713 -1 003773 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC'INSTRUC- GYMNASTICS 326.25 81714 -1 003774 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC'INSTRUC- GYMNASTICS 416.00 81715 -1 003775 00 01/24/2007 290 - 6005 - 564.53 -10 RCO2KC *INSTRUC- GYMNASTICS 217.50 81701 -1 003776 00 01/24/2007 290-6005 - 564.53 -10 RCO2XC•INSTRUC- GYMNASTICS 87.00 VENDOR TOTAL ' 2,460.50 0003059 AWARD COMPANY OF AMERICA ACAINV0086400 003709 00 01/19/2007 001 - 1005 - 511.35 -22 CC12KC'PLAQUES -CTY CNCL 735.55 VENDOR TOTAL ' 735.55 0002449 BAY IMAGING 24238 003604 00 02/08/2007 001 - 1065-513.31 -67 ITOIRF *PRINTER MAINTNANCE 420.78 24235 003407 00 02/08/2007 250 - 4010 - 542.35 -21 ZAOIJI'PRINTER SERVICE 135.00 VENDOR TOTAL ' 555.78 0001078 BAY TELECOM IB004 003786 00 02/12/2007 001 - 1050 - 513.52 -41 GS01RF *TEL MAINTENANCE 285.00 VENDOR TOTAL * 285.00 0000005 BLIVEN, TOSHIKO PAGE 2 HAND- ISSUED PREPARED 01106/2007, 16,21,15 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 02/19/2007 CHECK DATE: 02/06/2007 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 ___ _____________________ _______ 0000005 BLIVEN, TOSHIKO 35772 003713 00 01/19/2007 290 -6005- 445.04 -00 RCO2KC•CLASS REFUND 124.00 VENDOR TOTAL • 124.00 0002647 BNY WESTERN TRUST COMPANY 03/02/07 000039 00 02/06/2007 420 -8020- 723.70 -02 DT03KC•LNRD RD DBT SVC IN 1,312.50 03/02/07 A 000544 00 02/06/2007 420 -8020- 723.70 -02 DT02KC•CMCEL TRANS 1,312.50 - VENDOR TOTAL • .00 0002049 BOYER, CATHLEEN JAN 2007 003718 00 02/06/2007 001 - 1030 - 511.36 -71 CKOIKC•EXP REIMS -NCCAC MT 40.00 JAN 2007 A 003719 00 02/06/2007 001- 1030 - 511.34 -62 CKOIKC•MLG REIMB -NCCAC MT 110.56 JAN 2007 B 003720 00 02/06/2007 001- 1030 - 511.34 -62 CKOIKC•MLG REIMB -FMLY CRT 37.57 VENDOR TOTAL * 188.13 0000593 CAL PEES LONG TERM CARE PROGRAM 5123326 003760 00 02/06/2007 001- 0000 - 210.20 -18 PR02KC•PR020107 DEDUC 50.40 VENDOR TOTAL • 50.40 0003156 CAL -WEST LIGHTING 6 SIGNAL 261212 003806 00 02/05/2007 001 - 3030 - 532.57 -36 PK12RF -OWGE LIB PKNG LOT 331.12 VENDOR TOTAL • 331.12 0001513 CALIFORNIA DEPARTMENT OF JUSTICE 605380A 003828 00 02/11/2007 250 - 2010 - 522.51 -48 CEOIRF•FINGERPRINTING FEE 32.00 605380 003791 00 02/11/2007 290 - 6005 - 564.51 -4B HROIRF•FINGERPRINTING FEE 64.00 VENDOR TOTAL • 96.00 0002632 CALTRANS 176089 003787 00 02/OS/2007 150- 3015 - 532.50 -92 GS12RF•TRFFC SIGNS /LIGHTS 175.65 VENDOR TOTAL • 175.65 0004302 CAPITOL BARRICADE, INC. 62152 003803 22418 00 02/05/2007 701- 1701- 622.35 -22 CP12RF *CURBS /MARKERS 3,031.27 VENDOR TOTAL • 3,031.27 OOD4222 CHENG, BEN 372921449 -001 003841 00 02/06/2007 001 - 1065 - 513.36 -71 ITOIKC•PROJ ANALYSIS 1/31 365.00 VENDOR TOTAL • 365.00 0001516 CITY OF CAMPBELL 101 003611 00 02/11/2007 290 - 6005 - 564.51 -74 RCO1RF•PALM SPRING TRIP 408.00 VENDOR TOTAL * 408.00 0000084 CITY OF SAN JOSE 127455 003801 00 02/05/2007 001- 2015 - 523.50 -14 PS09RF•SEP ANIMAL SVCS 12,916.67 VENDOR TOTAL • 12,916.67 0000162 COAST OIL COMPANY, LLC 79106 003796 00 02/05/2007 001- 1035- 512.41 -01 EQOIRF•FUEL PURCHASE 1,973.44 PREPARED 02/06/2007, 16:21:25 EXPENDITURE APPROVAL LIST PAGE 4 PROGRAM: GM339L AS OF: 02/19/2007 CHECK DATE: 02/06/2007 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 __ _____________ __________ ______ 0000162 COAST OIL COMPANY, LLC VENDOR TOTAL * 1,973.44 0000434 COTTON, SHIRES AND ASSOCIATES INC 11069 003845 22218 00 02/08/2007 250 - 4020 - 542.56 -02 DROIRF•07-206 VNYRD LNDSL 465.00 11076 003846 22218 00 02/08/2007 250- 4020 - 542.56 -02 DROIRF *07 -075 MT EDEN RD 218.75 11074 003847 22218 00 02/08/2007 250- 4020 - 542.56 -02 DROIRF•07 -029 RIVER RNCH 1,110.00 11075 003848 22218 00 02/08/2007 250-4020 - 542.56 -02 DR01RF +07 -160 BELLECOURT 1,261.75 11073 003849 22218 00 02/08/2007 250 - 4020 - 542.56 -02 DR01RF *07 -017 WARDELL RD 738.75 11072 003850 22218 00 02/06/2007 250 - 4020 - 542.56 -02 DR01RF *06 -017 SARA - SUNNVL 531.25 11072A 003851 00 02/08/2007 250-4020 - 443.20 -00 DR01RP *06 -017 SARA - SUNNVL 664.06- 11071 003853 22218 00 02/08/2007 250 - 4020 - 542.56 -02 DR01RP *06 -358 MT EDEN RD 913.75 11071A 003854 00 02/08/2007 250 -4020- 443.20 -00 DR01RP *06 -358 MT EDEN RD 1,142.18- 11070 003856 22218 00 02/08/2007 250 - 4020 - 542.56 -02 DR01RF *GHAFOURI LNDSLIDE 187.50 11072B 003852 00 02/OB/2007 605- 4605- 444.50 -12 PD01RF *06 -017 SARA - SUNNVL 664.06 110718 003855 00 02/00/2007 605- 4605- 444.50 -12 PD01RF *06 -358 MT EDEN RD 1,142.18 VENDOR TOTAL • 5,426.75 0000999 COUNTY OF SANTA CLARA -FIRS DEPT 81001 -1 003693 00 01/24/2007 290 - 6005 - 564.53 -10 RCO2KC•INSTRUC -CPR 15.00 VENDOR TOTAL * 15.00 0000098 COUNTY OF SANTA CLARA - SHERIFF OFFIC 1800010505 003790 00 02/03/2007 001- 1045-513.51 -48 HROIRF *FINGERPRINTING FEE 20.00 1000010475 A 003717 00 02/06/2007 001- 2015 - 523.52 -42 PS01KC•SHERIFF CTC -JAN BL 3,000.00 VENDOR TOTAL * 3,020.00 0002768 COVAD COMMUNICATIONS 43988476 003705 00 02/15/2007 001 - 1050 - 513.41 -03 GS01RF *MONTHLY CHARGE 559.95 VENDOR TOTAL + 559.95 0002978 DAVID J. POWERS & ASSOCIATES, INC. 731 003861 00 02/06/2007 250 - 4010 - 542.51 -38 ZA12RF *03 -106 QUITO RD 4,198.75 731A 003862 00 02/06/2007 250 -4010- 444.59 -00 ZA12RF *03 -106 QUITO RD 5,668.31 - 731B 003863 00 02/06/2007 604 -4604- 444.59 -00 PD12RF•03 -106 QUITO RD 5,668.31 VENDOR TOTAL * 4,198.75 0000096 DEPT. OF ENVIRONMENTAL HEALTH 696 003783 00 02/05/2007 260 - 5015 - 552.52 -82 SW10RP *HAZRD WASTE DSPSL 40.00 695 003784 00 02/05/2007 260 - 5015 - 552.52 -82 SW10RF *HAZRD WASTE DSPSL 132.50 VENDOR TOTAL • 172.50 0000005 EDMONDS, KARI 35770 003715 00 01/19/2007 290 -6005- 445.04 -00 RCO2KC *CLASS REFUND 139.00 VENDOR TOTAL * 139.00 0000150 EVANS WEST VALLEY SPRAY 0040154 003810 00 02/10/2007 001- 3030 - 532.55 -33 LL01RF *RPR PIPE - BIGBASNWY 2,200.00 VENDOR TOTAL • 2,200.00 0001767 FEHR & PEERS ASSOCIATES INC. PREPARED 02/06/2007, 16:21:25 PROGRAM: GM339L CITY OF SARATOGA ------------------------------------------ VEND NO VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK /DUE NO NO NO DATE 0001767 FEHR 4 PEERS ASSOCIATES INC EXPENDITURE APPROVAL LIST AS OF: 02/19/2007 CHECK DATE: 02/06/2007 ACCOUNT ITEM NO DESCRIPTION --------------------------------------- - - - - -- 44808A 003832 00 02/10/2007 001- 3005- 532.52 -41 S701RF *NTMP 11/25 -12/29 44BOO 003831 22371 00 02/10/2007 001- 3035 - 532.57 -02 ST0IRF +NTMP 11/25 -12/29 VENDOR TOTAL 0004266 FLOURNOY, PAMELA 81025 -1 003691 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC•INSTRUC- FINANC PLO VENDOR TOTAL + 0000159 FRY'S ELECTRONICS 12913021 003802 00 02/19/2007 001- 1065 - 513.31 -69 ITOIRF +COMPUTER SUPPLIES VENDOR TOTAL * 0000160 FLING, CHUNG 81211 -1 003690 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC *INSTRUC -HERBS VENDOR TOTAL * 0001794 GACHINA LANDSCAPE MANAGEMENT A20803 003807 00 02/05/2007 001- 3030 - 532.54 -42 PKOIRF *LABOR- CONGRESS PK A20815 003808 00 02/15/2007 352- 9201 - 622.52 -41 CP01RF *LSCAPE UPGRD -GTEWY VENDOR TOTAL + 0000164 GARDENLAND POWER EQUIPMENT 571449 003780 22419 00 02/04/2007 001 - 3005 - 532.35 -22 ST0IRF *BLOWRR /HANDLE 571960 003798 00 02/05/2007 001- 3005 - 532.35 -22 PK01RF *CREDIT MEMO 571959 003781 22422 00 02/10/2007 001 - 3030 - 532.32 -21 PK01RF *CHAIN SAW 571448 003822 22422 00 02/05/2007 001-3030 - 532.32 -21 PKOIRF•CHAINSAW /SUPPLIES VENDOR TOTAL * 0000005 GOLON, MARY 35895 003701 00 01/24/2007 290- 6005- 445.04 -00 RCO2KC -CLASS REFUND VENDOR TOTAL * 0004328 COMET, PATRICIA 01/03/07 003788 00 02/03/2007 001- 1025 - 511.51 -32 AT01RF *TRNSCRPTN SRVCS 01/03/07 -PC 003830 00 02/03/2007 001- 1025 - 511.51 -32 CE01RF *TRNSCRPTN SRVCS VENDOR TOTAL ' 0004327 GREAT AMERICA LEASING CORPORATION 6200745 003824 00 02/09/2007 001- 1050 - 513.51 -71 GS01RF *POSTGE MACH LEASE VENDOR TOTAL 0000005 HERRERA, ANTOINETEE 0215 003695 00 01/19/2007 290 -0000- 260.00 -00 RCO2KC *RENTAL DEP REFUND VENDOR TOTAL 0002386 HUNTER, JILL S. FEBRUARY 2006A 000070 00 01/24/2006 001- 1015 - 511.20 -05 Monthly stipend 01/03/07 003789 00 02/05/2007 001 - 1015 - 511.20 -05 CMOIRF•02 /06 STPEND RPLCE VENDOR TOTAL 0000198 HYDROTEC IRRIGATION EQUIPMENT SVCS EXPENDITURE AMOUNT 455.00 1,966.08 2,421.08 42.00 42.00 373.44 373.44 25.20 25.20 3,840.00 1,417.00 5,257.00 515.01 51.40- 243.56 554.86 1,262.03 64.00 64.00 296.25 320.90 617.15 415.33 415.33 300.00 300.00 CHECK #: 101250 150.00 150.00 PAGE 5 HAND- ISSUED 150.00- 150.00- PREPARED 02/06/2007, 16:21:25 EXPENDITURE APPROVAL LIST PAGE 6 PROGRAM: GM339L AS OF: 02/19/2007 CHECK DATE: 02/06/2007 CITY OF SARATOGA ____________________________________________________________ VEND NO VENDOR NAME _____________________________.. INVOICE VOUCHER P.O. ENE CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO _____________________________________________________________________________________________________ NO NO DATE NO DESCRIPTION AMOUNT _______________________________ 0000198 HYDROTEC IRRIGATION EQUIPMENT SVCS 26558 003811 00 02/11/2007 001- 3030 - 532.57 -36 PKOIRF +MAINTNCE -QUITO PK 65.00 26559 003809 00 02/11/2007 224 - 3224 - 532.56 -16 LLOIRP *RPR PIPE -BIG BASN 661.61 VENDOR TOTAL + 726.61 0002465 INDUSTRIAL WIPER & SUPPY, INC. 00235640 003817 00 02/05/2007 001- 1030 - 511.35 -21 CK11RF *FULL FIRST AID KIT 637.05 VENDOR TOTAL + 637.05 0001745 INTERSTATE TRAFFIC CONTROL PRODUCTS 107401 003823 22455 00 02/11/2007 150 - 3015 - 532.35 -22 PKOIRF•CHAINSAW /SUPPLIES 579.14 VENDOR TOTAL * 579.14 0002260 JUST FOR KICKS, INC. 83901 -1 003721 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC•INSTRUC- SOCCER 367.13 83903 -1 003722 00 01/24/2007 290 - 6005 - 564.53 -10 RCO2KC *INSTRUC- SOCCER 200.25 83904 -1 003723 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC *INSTRUC- SOCCER 333.75 83905 -1 003724 00 01/24/2007 290 - 6005 - 564.53 -10 RCO2KC•INSTRUC- SOCCER 300.38 83906 -1 003725 00 01/24/2007 290 - 6005 - 564.53 -10 RCO2KC *INSTRUC- SOCCER 801.00 83907 -1 003726 00 01/24/2007 290 - 6005 - 564.53 -10 RCO2KC•INSTRUC- SOCCER 433.88 VENDOR TOTAL • 2,436.39 0000005 KEATES, JOANNA 35792 003700 00 01/24/2007 290- 6005- 445.04 -00 RCO2KC•CLASS REFUND 74.00 VENDOR TOTAL * 74.00 0000005 KUMAR, TARA 35769 003714 00 01/19/2007 290 -6005- 445.04 -00 RCO2KC•CLASS REFUND 39.00 VENDOR TOTAL • 39.00 0000647 LAMPSHIRE, YVONNE 06/07 003742 00 01/24/2007 001 - 1060 - 513.34-62 FM01KC *MLG REIMB 41.00 VENDOR TOTAL + 41.00 0001385 LEXISNEXIS 40656837 003743 00 01/15/2007 001- 1030 - 511.36 -41 CK12KC *MUNIC CODE SUPLMN 4,598.78 VENDOR TOTAL • 4,598.78 0000772 LIRBERT CASSIDY WHITMORE 73037 003816 00 02/05/2007 001 - 1045 - 513.54 -02 HR12RF•DEC- PERSONNL RULES 409.50 VENDOR TOTAL • 409.50 0002789 MBA OF CALIFORNIA 5630601 003744 00 02/06/2007 001 - 1050 - 513.51 -71 GS01KC *COPIERS 1/1 -31 81.98 VENDOR TOTAL * 81.98 0001839 MBIA MUNISERVICES COMPANY IW -13208 003818 00 02/19/2007 001- 1040 - 513.55 -45 FN01RF *HOTEL TAX REVIEW 900.00 VENDOR TOTAL * 900.00 0000287 MCDOWELL ASSOCIATES. INC. PREPARED 02/06/2007, 16:21:25 PROGRAM: GM339L CITY OF SARATOGA ------------------------------------------ VEND NO VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK /DUE NO NO NO DATE ------------------------------------------ 0000287 MCDOWELL ASSOCIATES, INC. 6509 003857 00 02/06/2007 0000005 MCKENZIE, GEORGE 0305 003696 00 01/19/2007 0002220 MCLEAN, SKYELAR 1397 003702 00 01/24/2007 0000273 MEYER, GREG 82301 -1 003689 00 01/24/2007 0002972 MILLMAN & INDUSTRIAL CARPENTERS 02/01/07 003762 00 02/06/2007 0002153 MOBILE MODULAR MANAGMENT CO. 2379135 003705 00 02/10/2007 2379136 003706 00 02/10/2007 0000005 MOGHADAM, SHOLEH 35793 003699 00 01/24/2007 0004158 MONTEZ SUPPLY CO 24837 003797 OD 02/10/2007 0002606 MIA DESIGN, INC. 0120621 003792 00 02/05/2007 0002160 MUSICALME, INC. 81900 -1 003727 00 01/24/2007 81901 -1 003728 00 01/24/2007 81902 -1 003729 00 01/24/2007 81903 -1 003730 00 01/24/2007 61904 -1 003731 00 01/24/2007 81905 -1 003732 00 01/24/2007 81906 -1 003733 00 01/24/2007 81907 -1 003734 00 01/24/2007 81908 -1 003735 00 01/24/2007 81909 -1 003736 00 01/24/2007 81910 -1 003737 00 01/24/2007 81912 -1 003738 00 01/24/2007 EXPENDITURE APPROVAL LIST PAGE 7 AS OF: 02/19/2007 CHECK DATE: 02/06/2007 ------------------------------------------------------------------------------------------ ACCOUNT ITEM EXPENDITURE HAND- ISSUED NO DESCRIPTION AMOUNT ------------------------------------------------------------------------------------ - - - - -- 250- 4020 - 542.50 -99 290 -0000- 260.00 -00 250- 4015 - 542.36 -71 290- 6005 - 564.53 -30 001 -0000- 210.20 -16 001- 1060 - 513.50 -62 001- 1060 - 513.50 -62 290- 6005- 445.04 -00 150- 3015 - 532.35 -22 791 -4791- 622.51 -50 290- 6005 - 564.53 -10 290- 6005 - 564.53 -10 290 - 6005 - 564.53 -10 290- 6005 - 564.53 -10 290 - 6005 - 564.53 -10 290 - 6005 - 564.53 -10 290- 6005 - 564.53 -10 290- 6005 - 564.53 -10 290- 6005 - 564.53 -10 290 - 6005 - 564.53 -10 290- 6005 - 564.53 -10 290- 6005-564.53 -10 DR01RF *07 -093 OAK ST VENDOR TOTAL RCO2KC *RENTAL DEP REFUND VENDOR TOTAL * IS01KC*REG FEE- REIMBRSMNT VENDOR TOTAL RCO2KC *INSTRUC - KAYAKING VENDOR TOTAL * PR02KC *PR020307 DEDUC VENDOR TOTAL * MGOIKC *RNT FEE 12/19 -1/17 MGOIKC *RNT FEE 12/22 -1/20 VENDOR TOTAL * RCO2KC *CLASS REFUND VENDOR TOTAL * GTOIRF *NUTS /BOLTS /WASHERS VENDOR TOTAL * PK12RF *DEC SRVC -KEV MORAN VENDOR TOTAL RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC RCO2KC *INSTRUC -MUSIC 3,220.00 3,220.00 93.00 93.00 45.00 45.00 34.00 34.00 300.00 300.00 570.04 1,174.97 1,745.01 64.00 64.00 539.91 539.91 75.00 75.00 436.80 364.00 509.60 483.60 322.40 403.00 483.60 644.80 564.20 725.40 463.60 644.80 PREPARED 02/06/2007, 16:21:25 EXPENDITURE APPROVAL LIST PROGRAM: GM339L AS OF: 02/19/2007 CHECK DATE: 02/06/2007 CITY OF SARATOGA ------------------------------------------------------------------------ - - - - -" VEND NO VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK /DUE ACCOUNT ITEM NO NO NO DATE NO DESCRIPTION 0002160 MUSICALME, INC. 81913 -1 003739 00 01/24/2009 290- 6005 - 564.53 -10 RCO2KC *INSTRUC -MUSIC 81915 -1 003740 00 01/24/2007 290 - 6005 - 564.53 -10 RCO2KC•INSTRUC -MUSIC 81916 -1 003741 00 01/24/2007 290- 6005- 564.53 -10 RCO2KC *INSTRUC -MUSIC 0000294 NORMAN PAUL PRINT CENTER 62354 003745 00 02/06/2007 62325 003754 00 02/10/2007 62354 A 003746 00 02/06/2007 62354 B 003747 DO 02/06/2007 62354 C 003748 00 02/06/2007 62354 D 003749 00 02/06/2007 62354 E 003750 00 02/06/2007 62354 F 003751 00 02/06/2007 62354 G 003752 00 02/06/2007 62325 B 003756 00 02/10/2007 62354 H 003753 00 02/06/2007 62325 A 003755 00 02/10/2007 0004165 NORTH BAY BUILDING MAINTENANCE 2093 003842 00 02/06/2007 0001997 OFFICE DEPOT, INC. 369562826 -001 003763 00 02/08/2007 366391508 -001 003757 00 02/06/2007 0002994 ORIN, LENA 81501 -1 003686 00 01/24/2007 81500 -1 003687 00 01/24/2007 0002574 PACIFIC PRODUCTS s SERVICES 6469 003812 22454 00 02/17/2007 6469A 003813 22454 00 02/17/2007 0000005 PAMPUCH, LISA 35933 003712 00 01/24/2007 0003037 PESONEN, LYNN 81105-1 003692 00 01/24/2007 0000952 POLLOCK, FELICIA PETERS 2BOB53 003703 00 02/16/2007 001 - 1005 - 511.35 -21 001 - 1005 - 511.35 -21 001 - 1020 - 511.35 -21 001 - 1045 - 513.35 -21 001 - 1060 - 513.35 -21 001 - 1065 - 513.35 -21 001 - 3035 - 532.35 -21 250- 4010 - 542.35 -21 250 - 4015 - 542.35 -21 250 -4015- 542.35 -21 290- 6005 - 564.35 -21 290 - 6005 - 564.35 -22 001- 1060 - 513.53 -40 001 - 1045 - 513.35 -21 001- 1050 - 513.35 -50 290- 6005 - 564.53 -10 290 - 6005 - 564.53 -10 001 - 3005 - 532.35 -22 001 - 3025 - 532.35 -22 VENDOR TOTAL * CC01KC *BUSINESS CARDS CCOIKC *BUSINESS CARDS MG01KC *13USINESS CARDS HROIKC *BUSINESS CARDS FMOIKC *BUSINESS CARDS IT01KC *BUSINESS CARDS EGOIKC *BUSINESS CARDS ZAOIKC *BUSINESS CARDS ISOIKC *BUSINESS CARDS ZAOIKC *BUSINESS CARDS RCOIKCBUSINESS CARDS RC01KC *BUSINESS CARDS VENDOR TOTAL * FMOIKC *SNTEL SVC 1/1 -6/07 VENDOR TOTAL - HR01KC *OFFICE SUPPLIES GS12KC -COPY PAPER VENDOR TOTAL RCO2KC *INSTRUC- CRAFTS RCO2KC *INSTRUC - CRAFTS VENDOR TOTAL * ST01RF *WOOD BARRICADES MP01RF *WOOD BARRICADES VENDOR TOTAL * 290 - 6005 - 445.04 -00 RCO2KC *CLASS REFUND VENDOR TOTAL * 290 - 6005- 564.53 -30 RCO2KC *INSTRUC - COMPUTER VENDOR TOTAL 001- 1005 - 511.35 -21 CCOIKC *PHOTO -KAO PAGE 8 EXPENDITURE HAND- ISSUED AMOUNT 403.00 483.60 564.20 7,516.60 213.73 60.78 56.45 20.75 64.69 11.14 82.15 246.24 246.24 30.38 31.58 30.38 1,094.51 228.00 228.00 268.46 856.56 1, 125.02 66.00 44.00 110.00 573.53 573.53 1,147.06 155.00 155.00 45.00 45.00 16.24 PREPARED 02/06/2007, 16:21:25 EXPENDITURE APPROVAL LIST PAGE 9 PROGRAM: GM339L AS OF: 02/19/2007 CHECK DATE: 02/06/2007 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. BNK CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND- ISSURD NO NO NO DATE NO DESCRIPTION AMOUNT 0000952 POLLOCK, FELICIA PETERS VENDOR TOTAL * 16.24 0000334 REED 6: GRAHAM, INC. 626691 003782 00 02/10/2007 001 - 3005 - 532.35 -22 ST0IRF +ASPHALT 156.04 VENDOR TOTAL + 156.04 0002329 REPUBLIC ITS 0612962 003794 22444 00 02/05/2007 150- 3015 - 532.50 -97 GT12RF +DEC-SGNAL MAINTNCE 1,330.00 0612961 003795 22444 00 02/05/2007 150- 3015 - 532.57 -36 GT12RF +DEC- SIGNAL RESPNSE 1,206.38 12 003820 22444 00 02/05/2007 150- 3015 - 532.57 -36 GT01RP *TRPFC SIGNAL MAINT 1,284.23 VENDOR TOTAL * 3,820.61 0000344 SAN JOSE BLUE PRINT 7923953 003684 00 02/16/2007 001 - 3035- 532.35 -22 EGOIJI *MAP DELIVERY 343.69 VENDOR TOTAL * 343.69 0004095 SANTA CLARA COUNTY CITIES ASSOC 01/24/07 003764 00 01/24/2007 001- 1020 - 511.31 -91 MG01KC *SCCCMA MTG /DUES /LN 400.00 VENDOR TOTAL * 400.00 0000353 SARATOGA CHAMBER OF COMMERCE 7028 003758 00 02/06/2007 001 - 1020 - 511.31 -91 MG12KC +Q4/06 INSTALLMENT 2,625.65 VENDOR TOTAL * 2,625.65 0004285 SATO, SANDRA REPOSH J 2/1/07 -REIMS 003815 00 02/05/2007 001 - 1040 - 513.36 -72 FN02RF *FHB -HSNG REIMS 700.00 VENDOR TOTAL + 700.00 0002125 SEVERO, ROSA 81208 -1 003688 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC *INSTRUC- COOKING 144.00 VENDOR TOTAL * 144.00 0000005 SHEPHERD, TAMI 35857 003716 00 01/24/2007 290 - 6005- 445.04 -00 RCO2KC *CLASS REFUND 87.00 VENDOR TOTAL * 87.00 0002474 SIERRA PACIFIC TURF SUPPLY 0244537 003827 22448 00 02/11/2007 001- 3030 - 532.35 -22 PKOIRF *HERBICIDE FOR PARK 1,026.70 VENDOR TOTAL * 1,026.70 0002889 SISK, NANETTE C/O ABOUT FACE B1300 -1 003694 00 01/24/2007 290- 6005 - 564.53 -10 RCO2KC *INSTRUC -HLTH 16.50 VENDOR TOTAL + 16.50 0000372 SOLECTRIC ELECTRIC CONTR. 6798 003804 22420 00 02/04/2007 743 -2743- 622.52 -41 CP01RF *POST LNTRNS BLANEY 1,410.00 VENDOR TOTAL * 1,410.00 0000005 SURYADEVARA, NAVEENA PREPARED 02/06/2007, 16:21:25 EXPENDITURE APPROVAL LIST PROGRAM: GM339L AS OF: 02/19/2007 CHECK DATE: 02/06/2007 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 SURYADEVARA, NAVEBNA 0253 003697 00 01/24/2007 290 - 0000 - 260.00 -00 RCO2KC`RENTAL DEP REFUND 300.00 VENDOR TOTAL + 300.00 0002239 TMT ENTERPRISES, INC. 25938 003814 00 02/17/2007 001 - 3030 - 532.51 -03 PKOIRF +BASEBALL MIX 292.76 25937 003826 22446 00 02/17/2007 001- 3030 - 532.51 -03 PK0IRF +BASEBALL MIX 1,874.60 25804 003829 00 02/09/20D7 001 - 3030 - 532.35 -22 PKOIRF +BASEBALL MIX 791.65 VENDOR TOTAL + 2,959.01 0003097 TOWN OF LOS GATOS 4000000033 003793 22445 00 02/05/2007 702 -1702- 622.52 -41 CP12RF +HW9 SAFETY GRANT 20,400.00 VENDOR TOTAL + 20,400.00 0000413 UNIVERSAL SWEEPING SERVICE IWO70000645 003821 22312 00 02/10/2007 260 - 5015 - 552.54 -37 SWOIRF +CITY ST SWEEP SVC 6,621.59 VENDOR TOTAL + 6,621.59 0004138 VALLEYCREST TREE CARE SERVICES 2966414 003833 22408 00 02/10/2007 001-3030 - 532.57 -04 PK0IRF +TREE CARE WLDWD PK 3,588.49 2966414B 003835 00 02/10/2007 001- 3030- 443.53 -00 PKOIRF +TREE CARE WLDWD PK 3,588.49- 2655415 003836 22408 00 02/10/2007 001- 3030 - 532.57 -04 PK01RF +TREE CARE WLDWD PK 1,732.00 2655415E 003838 00 02/10/2007 001- 3030 - 443.53 -00 PX01RF +TREE CARE WLDWD PK 1,732.00 - 2966414A 003834 00 02/10/2007 250- 0000- 207.01 -00 PKOIRF +TREE CARE WLDWD PK 3,588.49 2655415A 003837 00 02/10/2007 250 -0000- 207.01 -00 PK0IRF +TREE CARE WLDWD PK 1,732.00 VENDOR TOTAL + 5,320.49 0004331 VENZ, JERRY WILLIAM 5899 003765 00 02/18/2007 001 - 1005 - 511.35 -21 CC0IKC +PHOTOS - COUNCIL 324.75 VENDOR TOTAL + 324.75 0004332 WALKER, VIRGINIA 02/01/07 003839 00 02/06/2007 001- 1020 - 511.32 -23 MG02KC- RETIREMNT ACKNWLDG 243.56 VENDOR TOTAL + 243.56 0000427 WEST COAST FENCE COMPANY, INC. 6395 003800 00 02/15/2007 001 - 3030 - 532.57 -36 STOIRF +FENCE REPR-WLDWD 897.00 VENDOR TOTAL + 897.00 0003915 WESTCO TRACTOR 19174 003819 00 02/17/2007 001 - 1035 - 512.35 -22 EQ01RF +HOSE AND STRUT 105.15 VENDOR TOTAL + 105.15 0004246 WESTERN TRUCK FABRICATION, INC 3217 003799 00 02/09/2007 001- 3005 - 532.35 -22 ST01RF +LIFT SHOCKS 62.97 VENDOR TOTAL + 62.97 0004183 WITTWER & PARKIN, LLP CM1096 003917 00 02/04/2007 001- 1025 - 511.50 -87 ATOIRF +LGL SVCS- GIBERSON 1,688.00 CM1034 003905 00 02/06/2007 250- 4010 - 542.51 -41 ZA12RF +06 -247 LEGAL SVCS 219.60 PAGE 10 HAND - ISSUED PREPARED 02/06/200'1, 16:21:25 EXPENDITURE APPROVAL LIST PAGE 11 X/ /�yryL� PROGRAM: 02/06/ AS OF: 02/19/2009 CHECK DATE: 02/06/2007 U /,�'J /� CITY OF SARATOGA ---- ____ -------- ___________________________________________-------------- VEND NO VENDOR NAME 0296 003698 00 01/24/2007 290 -0000- 260.00 -00 RCO2KC +RENTAL DEP REFUND 0003190 05 -03- INVOICE VOUCHER P.O. BNK CHUCK /DUE ACCOUNT 12 /11 /06EA ITEM 00 01/23/2007 604- 4604 - 444.50 -00 PD11RF•03 -100 EXPENDITURE HAND- ISSUED NO NO NO DATE NO DESCRIPTION TOTAL EXPENDITURES AMOUNT 0004183 WITTWER 4 PARKIN, LLP GRAND TOTAL * + + + * * * * +•* CM1034A 003906 00 02/06/2007 250- 4010- 444.53 -10 ZA12RF•06 -249 LEGAL SVCS 219.60 - CM1031 003908 00 02/06/2007 250 - 4010 - 542.51 -41 ZA12RF•03 -254 LEGAL SVCS 339.40 CM1031A 003909 00 02/06/2007 250- 4010- 444.53 -10 ZA12RF•03 -254 LEGAL SVCS 339.40 - CM1033 003911 00 02/06/2007 250- 4010 - 542.51 -41 ZA12RF +04 -359 LEGAL SVCS 422.80 CM1033A 003912 00 02/06/2007 250- 4010- 444.53 -10 ZA12RF•04 -359 LEGAL SVCS 422.80 - CM1032 003914 00 02/06/2007 250 - 4010 - 542.51 -41 ZA12RF•04 -016 LEGAL SVCS 146.40 CM1032A 003915 00 02/06/2007 250- 4010- 444.53 -10 ZA12RF•04 -016 LEGAL SVCS 146.40 - CM1031B 003910 00 02/06/2007 604- 4604 - 444.53 -10 ZA12RF•03 -254 LEGAL SVCS 339.40 CM1033B 003913 00 02/06/2007 604 - 4604 - 444.53 -10 PD12RF•04 -359 LEGAL SVCS 422.80 CM1032B 003916 00 02/06/2007 604 - 4604 - 444.53 -10 PD12RF +04 -016 LEGAL SVCS 146.40 CM1034B 003907 00 02/06/2007 605 -4605- 444.53 -10 PD12RF•06 -247 LEGAL SVCS 219.60 VENDOR TOTAL + DDOOD05 WV SACL 0296 003698 00 01/24/2007 290 -0000- 260.00 -00 RCO2KC +RENTAL DEP REFUND 0003190 05 -03- 100 -601 Ci'_'I - -.R VENDOR TOTAL 12 /11 /06EA 003142 00 01/23/2007 604- 4604 - 444.50 -00 PD11RF•03 -100 DEP REFUND VENDOR TOTAL + TOTAL EXPENDITURES •••* GRAND TOTAL * + + + * * * * +•* 2,816.20 125.00 125.00 CHECK K: 104167 .00 153,350.75 4,150.00- 4,150.00 - 4,300.00- 149.050.75 SARATOGA CITY COUNCIL MEETING DATE: February 21, 2007 AGENDA ITEM: /J2�40 ORIGINATING DEPT: Ad 'nistrative Svcs CITY MANAGER: Cf �✓ G� PREPARED BY: BY: DEPT HEAD: (A64 rU ian ng, Mary Fur +, Finance & Accounting Supervisor Administrative Services Director SUBJECT: Treasurer's Report for the Month Ended November 2006 RECOMMENDED ACTION That the City Council accepts the monthly Treasurer's Report. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2 -20, Section 2- 20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. 41004. Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. Additionally with the passage of Chapter 687, Statutes of 2000 (AB 943 Dutra), effective January 1, 2001 cities are now required to forward copies of their second and fourth quarter calendar year investment portfolio reports to the California Debt and Investment Advisory Commission (CDIAC) within 60 days. The CDIAC will use the report as an additional opportunity to examine public investment practices in a more consistent basis than before. Cities, such as the City of Saratoga, that are 100 percent invested in the Local Agency Investment Fund (LAIF) are exempt from the new investment portfolio reporting requirements and are only required to send a letter to CDIAC indicating the total and composition of their investments. This Treasurer's Report will satisfy our reporting requirement to the CDIAC. The following pages in the attachment provide various financial data and analysis for the City of Saratoga's Funds collectively as well as specifically for the City's General (Operating) Fund, including an attachment from the State Treasurer's Office of Quarterly LAIF rates from the 151 Quarter of 1977 to present. FISCAL IMPACTS None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City will not be in compliance with Government Code Section 53891 and Section 40804. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A - Cash and Investments by fund B - Change in total fund balances by fund C - Cash and Investments by CIP project D- Change in total fund balances by CIP project E - Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates CC cdiac investments @treasurer.ca.gov (June & December reports only, within 60 calendar days) ATTACHMENT A CASH AND INVESTMENTS BALANCE BY FUND As of November 30, 2006, the City had $326,432 in cash deposit at Comerica bank, $13,603,966 on deposit with LAIF, and $1,061 in cash with fiscal agents for the Public Financing Authority bonds. The bank reconciliations are completed thru the month of September 2006. The Council Policy on operating reserve funds adopted on April 20, 1994, states that: for cash flow purposes, to avoid the necessity of dry period financing, pooled cash from all funds should not be reduced below $2,000,000. The total pooled cash balance as of November 30, 2006 is $13,930,398 and exceeds the limit required. Unrestricted Cash Supplemental Law Enforcement Services Fund Comerica Bank 326,432 Deposit with LAIF 13,603,966 $ 13,930,398 Restricted Cash Landscape and Lighting Fiscal Agents 1,061 1,061 Total 13,931,459 1 iTr3 t71 BMW I t iHl0 J.C-Rs l IN Fund Tvoes Fund F.lirfI M-13erir3i11 Designated Reserves: Petty Cash Tree, Bench, & Plaque Dedication Program Library Exterior Walls Maintenance Theater Ticket Surcharge CIP Economic Uncertainty Operations Balance 1,300 1,678 15,000 20,556 74,387 1,500,000 2,554,150 Special Revenue Supplemental Law Enforcement Services Fund $ 100,000 Highway Users Gas Tax $ 597,616 Landscape and Lighting $ 151,506 Development Services $ 1,763,752 Designated Reserves: Tree Preservation Ordinance 226 $ 186,548 General Plan Update $ 16,340 Enviromental Programs $ 982,701 Development Fees $ 113,293 Community Development Block Grant $ (31,035) SHARP loan $ 79,203 Recreation Services $ (161,309) Teen Services $ (76,623) CDD Deposits - Planning Deposit Pre FY2006 $ 176,287 CDD Deposits - Planning Deposit FY2006 $ 267,618 Capital Project Park Development $ 137,250 Library Expansion $ 704,675 Public Safety $ 502,905 Infrastructure $ 2,362,403 Facility $ 603,558 Park and Trails $ 415,945 Debt Service Library Bond $ 225,765 Internal Service Equipment Replacement $ 40,293 Information Technology $ 414,625 Facility Improvement $ 53,546 Trust/Agency Leonard Road $ (11,25£ Public Financing Authority $ 1,061 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City's major fund types at November 30, 2006. This table excludes Trust and Agency funds where the City acts merely as a third party custodian of an outside 's funds. 1130106 06130106 Incrl(Decr) Fund Fund Description Fund Balance Oct Revenues Expenditures Transfers Balance General General Fund 2,825,799 (2,810,968) 898,583 (886,297) 27,117 Designated Reserves: Petty Cash 1,300 - - - 1,300 Tree, Bench, & Plaque Dedication Program 28 1,650 - - 1,678 Library Exterior Wall Maintenance 15,000 - - 15,000 Theater Ticket Surcharge 17,286 3,270 - - 20,556 CIP 614,997 (521,363) - (19,247) 74,387 Economic Uncertainty 1,500,000 1,500,000 Operations 2,554,150 - 2,554,150 Special Revenue Supplemental Law Enforcement Services Fund - 100,000 - 100,000 Highway Users Gas Tax 604,509 (1,112) 46,665 (52,902) 597,160 Landscape /Lighting Fd 250,321 (102,287) 16,565 (13,190) 151,409 Development Services 1,339,563 286,779 138,041 (179,702) 1,584,681 Designated Reserves: Tree Preservation Ordinance 226 186,644 (336) 240 186,548 General Plan Update 7,065 4,247 5,246 (218) 16,340 Environmental Programs 909,760 40,866 42,797 (10,722) 982,701 CDBG (11,137) (15,539) - (4,359) (31,035) SHARP Loan 75,287 2,805 1,111 79,203 Recreation Services (31,783) (101,508) 39,030 (84,141) (178,402) Teen Services (38,726) (32,865) 1,700 (7,130) (77,023) Capital Project Park Development 91,246 46,155 - (151) 137,250 Library Expansion 704,004 (3,390) 4,061 704,675 Public Safety 554,077 (48,100) - (3,072) 502,905 Infrastructure 1,942,934 228,449 (30,501) 2,140,882 Facility 96,280 507,213 65 603,558 Park and Trails 196,887 231,023 - (16,114) 411,796 Debt Service Library Bond 865,379 (1,010,834) 6,107 - (139,348) Internal Service Fund Equipment Replacement 247,148 (212,060) 5,500 (295) 40,293 Technology Replacement 403,520 (2,895) 14,000 - 414,625 Facility Improvement 53,546 53,546 Total City 15,975,082 3,410,800 1,219,711 1,308,041 12,475,952 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table the details the cash balances for each project in the Public Safety, Infrastructure, Facility, and Park and Trails Capital Improvement Project Funds. Investment Balance at Nov IP Funds /Projects 2006 Trafficsafety 57,694 Highway 9 Safety project 100,000 Hakone ADA Improvement (5,895) Sidewalk - Yearly Project 185,001 Aloha Street Safety Improvement (59,839) Bridges @ 4th Street 100,000 Highway 9 and Oak Place Pedestrian Sign (1,248) Quito Road Bridge Replacement 127,192 Total Public Safety $ 502,905 Infrastructure Two Solar Power Radar Feedbacks 15,000 El Quito Area Curb Replacement 459,403 Book Go Round Drainage 59,710 Sobey Road Culvert Repair 150,000 Storm Drain Upgrades 219,685 Median Repairs(Landscape /Irrig.) 14,186 Civic Center Landscape 101,982 Village Lights (Zone 7A) 50,000 Village Trees & Lights at Sidestreets 7,000 Cox Ave Railroad Crossing Upgrade 220,957 City Entrance Sign /Monument 13,467 Blaney Plaza Improvement- Constructions (13,549) Village Sidewalk, Curb & Gutter 738,624 Saratoga - Sunnyvale /Gateway 225,938 Storm Drain @ El Camino /Mt Vista 100,000 Total Infrastructure $ 2,362,403 Facility Warner Hutton House Improv 62,370 Civic Center -CDD Offices 10,900 Fire Alarm at McWilliams & Book Go Round 25,000 North Campus - 19848 Prospect Road 498,745 Historical Park Fire Alarm System 6,543 Total Facility $ 603,558 Parks & Trails Hakone Garden D/W 168,433 Union Pacific Railroad (Deana) Trail (61,312) Kevin Moran Park 45,402 Alternative Soccer Field 250,000 Park/Trail Repairs 13,422 Total Parks & Trails $ 415,945 ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Public Safety, Infrastructure, Facility, and Park and Trails Capital Improvement Project Funds. CIP Funds /Projects 06130106 Fund Balance Incrl(Decr) Oct Revenues Expenditures Transfers 11130106 Fund Balance Public Safety Traffic Safety 67,568 (9,874) 57,694 Highway 9 Safety Project 100,000 - 100,000 Hakone ADA Improvement - (4,926) (969) (5,895) Sidewalks Yearly Project 185,001 - 185,001 Aloha Street Safety Improvement (57,529) (2,000) (310) (59,839) Bridges @ 4th Street 100,000 - 100,000 Highway 9 and Oak Place Pedestrian Sign 31,845 (31,300) (1,793) (1,248) Quito Road Bridge Replacement 127,192 127,192 Total Public Safety 554,077 (48,100) (3,072) 502,905 Infrastructure Two Solar Power Radar Feedbacks - 15,000 15,000 El Quito Area Curb Replacement 460,264 (861) 459,403 Book Go Round Drainage - 59,710 - 59,710 Sobey Road Culvert Repair - 150,000 - - 150,000 Storm Drain Upgrades 167,864 52,136 - (315) 219,685 Median Repairs(Landscape/lnig.) 20,000 (3,342) - (2,472) 14,186 Civic Center Landscape 104,325 - (2,343) 101,982 Village Lights (Zone 7A) - 50,000 50,000 Village Trees & Lights at Sidestreets 7,000 - 7,000 Cox Ave Railroad Crossing Upgrade - (564) (564) Signage @ City Entrance 13,467 - 13,467 Blaney Plaza Improvement - Contruction 99,787 (90,637) (22,699) (13,549) Village- Slreetscape Impv (Sidewalk, Curbs) 738,624 738,624 Saratoga - Sunnyvale /Gateway 231,603 (2,993) (2,672) 225,938 Storm Drain @ El Camino / Mt Vista 100,000 100,000 Total I nfrastructure 1,942,934 228,449 (30,501) 2,140,882 Facility WHH Improvements 74,737 (12,432) 65 62,370 Civic Center- CDD Offices 15,000 (4,100) - 10,900 Fire Alarm at McWilliams & Book Go Round - 25,000 - 25,000 North Campus -19848 Prospect Road - 498,745 - 498,745 Historical Park Fire Alarm System 6,543 - - 6,543 Total Facility 96,280 507,213 65 - 603,558 Parks & Trails Hakone Garden DIW 164,283 - - 164,283 Union Pacific Railroad (Deana) Trail (49,066) (17,911) (14,389) (81,366) Kevin Moran Improvements 46,468 (1,066) 45,402 Alternative Soccer Field - 250,000 250,000 Park/Trail Repairs 35,202 - 1,725 33,477 Total Parks & Trails 196,887 231,023 (16,114) 411,796 Total CIP Funds 2,790,178 918,585 65 (49,687) 3,659,141 Bill Lockyer, State Treasurer Inside the State Treasurer's Office LOCAL AGENCY INVESTMENT FUND QUARTERLY APPORTIONMENT RATES 5.68 5.78 5.84 6.45 1 6.97 7.35 7.86 8.32 8.81 9.10 9.26 10.06 11.11 11.54 10.01 10.47 1 r4 11.23 11.68 12.40 11.91 11.82 1199 11.74 10.71 9.87 9.64 10.04 -' 10.18 10.32 10.88 - 11.53 11.41 Ner 10.32 9.98 9.54 9.43 ' 9.09 8.39 7.81 7.48 7.24 7.21 7 54 7.97 1 - 8.01 _._ 7.87 . -- 8.20 _ _ -.- 8.45 1 8.76 9.13 8.87 8.68 199 8.52 8.50 8.39 8.27 7.97 7.38 7.00 6.52 r � _ . 5.87 5.45 4.97 4.67 "G 4.64 4.51 4.44 4.36 3 4.25 _ _- 4.45 4.96 __..._ _m - - -_- 5.37 199 5.76 5.98 5.89 5.76 199 % 5.62 5.52 5.57 5.58 i 5.56 5.63 5.68 5.71 111 5.70 5.66 5.64 5.46 5.19 5.08 5.21 5.49 2U 5.80 6.18 6.47 6.52 101 5.32 4.47 3.52 2 2.96 2.75 2.63 2.31 2 1.98 1.77 1.63 1.56 # 2 1.47 1.44 1.67 2.00 2.38 2.85 3.18 3.63 200 4.03 4.53 4.93 5.11 SARATOGA CITY COUNCIL MEETING DATE: February 21, 2007 AGENDA ITEM: ORIGINATING DEPT: Administrative Svcs CITY MANAGER: PREPARED BY: DEPT HEAD: v n Go g, Mary Furey, Fii ance & Accounhn upervisor Administrative Services Director SUBJECT: Treasurer's Report for the Month Ended December 2006 RECOMMENDED ACTION That the City Council accepts the monthly Treasurer's Report. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2 -20, Section 2- 20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. 41004. Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. Additionally with the passage of Chapter 687, Statutes of 2000 (AB 943 Dutra), effective January 1, 2001 cities are now required to forward copies of their second and fourth quarter calendar year investment portfolio reports to the California Debt and Investment Advisory Commission (CDIAC) within 60 days. The CDIAC will use the report as an additional opportunity to examine public investment practices in a more consistent basis than before. Cities, such as the City of Saratoga, that are 100 percent invested in the Local Agency Investment Fund (LAIF) are exempt from the new investment portfolio reporting requirements and are only required to send a letter to CDIAC indicating the total and composition of their investments. This Treasurer's Report will satisfy our reporting requirement to the CDIAC. The following pages in the attachment provide various financial data and analysis for the City of Saratoga's Funds collectively as well as specifically for the City's General (Operating) Fund, including an attachment from the State Treasurer's Office of Quarterly LAIF rates from the I" Quarter of 1977 to present. FISCAL IMPACTS None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City will not be in compliance with Government Code Section 53891 and Section 40804. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT ii//:1 ATTACHMENTS A - Cash and Investments by fund B - Change in total fund balances by fund C - Cash and Investments by CIP project D- Change in total fund balances by CIP project E - Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates CC ediac—investments@treasurer.ca.gov (June & December reports only, within 60 calendar days) ATTACHMENT A CASH AND INVESTMENTS BALANCE BY FUND As of December 31, 2006, the City had $1,493,884 in cash deposit at Comerica bank, $13,176,747 on deposit with LAIF, and $1,061 in cash with fiscal agents for the Public Financing Authority bonds. The bank reconciliations are completed thru the month of September 2006. The Council Policy on operating reserve funds adopted on April 20, 1994, states that: for cash flow purposes, to avoid the necessity of dry period financing, pooled cash from all funds should not be reduced below $2,000,000. The total pooled cash balance as of December 31, 2006 is $14,670,631 and exceeds the limit reouired. Comerica Bank 1,493,884 Deposit with LAIF 13 17a 7A7 Restricted Cash Fiscal Agents The following table summarizes the City's total cash and investment balances b Fund. Fund T as Fund Descri lion Cash 8 Investment General General Fund Balance at Dec 2006 Designated Reserves: $ 1,251,278 Petty Cash Tree, Bench, & Plaque Dedication Program $ $ 1.300 Library Exterior Walls Maintenance $ '1'678 Theater Ticket Surcharge 15,000 Retiree Medical $ 25,294 CIP $ 62,500 Economic Uncertainty $ 74,387 Operations $ 11500,000 2,554,150 Special Revenue Supplemental Law Enforcement Services Fund $ Highway Users Gas Tax 100,000 Landscape and Lighting $ 561,786 Development Services $ 147.489 Designated Reserves: $ 1,622,709 Tree Preservation Ordinance 226 General Plan Update $ 168.758 Enviromental Programs $ 8,264 Development Fees $ 924,903 Community Development Block Grant $ 114.741 SHARP loan $ (45,425) Recreation Services $ 71,283 Teen Services $ (135,304) CDD Deposits - Planning Deposit Pre FY2006 $ (54,314) CDD Deposits - Planning Deposit FY2006 $ 148,417 261,205 Capital Project Park Development Library Expansion $ 139,004 Public Safety $ 677,770 Infrastructure $ 492,299 Facility $ 2,211,586 Park and Trails $ 582,175 $ 414,446 Debt Service Library Bond $ 231,498 Internal Service Equipment Replacement Information Technology $ (14,893) Facility Improvement $ 427,125 $ 78,546 Trust /Agency Leonard Road Public Financing Authority $ (11,403) KSAR - Community A,,--- Tv $ 1,061 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City's major fund types at December 31, 2006. This table excludes Trust and Agency funds where the City acts merely as a third party custodian of an outside nartv's funds Fund Description 06130106 Fund Balance Incr1(Decr) Nov Revenues Expenditures Transfers 11130106 Fund Balance General General Fund 2,825,799 (2,784,603) 1,809,825 (677,566) 83,100 1,256,555 Designated Reserves: Petty Cash 1,300 - - - 1,300 Tree, Bench, & Plaque Dedication Program 28 1,650 - 1,678 Library Exterior Wall Maintenance 15,000 - - 15,000 Theater Ticket Surcharge 17,286 3,270 4,738 - 25,294 Retiree Medical - - 62,500 - 62,500 CIP 614,997 (540,610) - 74,387 Economic Uncertainty 1,500,000 1,500,000 Operations 2,554,150 - 2,554,150 Special Revenue Supplemental Law Enforcement Services Fund - 100,000 - 100,000 Highway Users Gas Tax 604,509 (7,349) 7,476 (43,306) 561,330 Landscape/Lighting Fd 250,321 (98,912) 47,302 (51,222) 147,489 Development Services 1,339,563 245,118 125,884 (148,731) (141,500) 1,420,334 Designated Reserves: Tree Preservation Ordinance 226 186,644 (96) 240 (18,030) 168,758 General Plan Update 7,065 9,275 2,056 (10,132) 8,264 Environmental Programs 909,760 72,941 6,852 (17,924) (47,000) 924,629 CDBG (11,137) (19,898) - (16,890) 2,500 (45,425) SHARP Loan 75,287 3,916 2,080 - (10,000) 71,283 Recreation Services (31,783) (146,619) 60,899 (56,618) 22,950 (151,171) Teen Services (38,728) (38,295) 2,529 (7,270) 27,450 (54,314) Capital Project Park Development 91,246 46,004 1,754 139,004 Library Expansion 704,004 671 4,741 (31,646) 677,770 Public Safety 554,077 (51,172) - (16,687) 486,218 Infrastructure 1,942,934 197,948 2,282 (153,423) 1,989,741 Facility 96,280 507,278 - (21,383) 582,175 Park and Trails 196,887 214,909 - (1,500) 410,296 Debt Service Library Bond 865,379 (1,004,727) 5,968 (133,380) Internal Service Fund Equipment Replacement 247,148 (206,855) - (80,186) 25,000 (14,893) Technology Replacement 403,520 11,105 - 12,500 427,125 Facility Improvement 53,546 - - - 25,000 78,546 Total City 15,975,082 3,485,051 2,147,126 1,352,514 13,284,643 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table the details the cash balances for each project in the Public Safety, Infrastructure, Facility, and Park and Trails Capital Improvement Project Funds. Investment CIP Funds /Prnincra Balance at Dec Highway 9 Safety project 52,283 Hakone ADA Improvement 100,000 Sidewalk- Yearly Project (63,424' Aloha Street Safety Improvement 181,200 Bridges @ 4th Street (7,993) Highway 9 and Oak Place Pedestrian Sign 100,000 Quito Road Bridge Replacement ,'3,041 Total Public Safety —T Infrastructure 492,299 Two Solar Power Radar Feedbacks El Quito Area Curb Replacement 15,000 Book Go Round Drainage 459,403 Sobey Road Culvert Repair 51,892 Drain Upgrades 150,000 ;Storm Median Repairs(Landscape /brig.) 211,314 Civic Center Landscape 13,134 Village Lights (Zone 7A) 98 797 Village Trees & Lights at Sidestreets 50,000 Cox Ave Railroad Crossing Upgrade 7,000 City Entrance Sign /Monument 96,275 Blaney Plaza Improvement- Constructions 13,467 Village Sidewalk, Curb & Gutter (14,120) Saratoga - Sunnyvale /Gateway 733,664 Storm Drain @ El Camino /Mt Vista 225,760 100,000 Facility Total Infrastructure $ 2,211,586 Warner Hutton House Improv Civic Center -CDD Offices 55,867 Fire Alarm at McWilliams & Book Go Round North Campus - 19848 Prospect Road 25,000 Historical Park Fire Alarm System 494,765 Total Facility Parks &Trails Hakone Garden D/W Union Pacific Railroad (Deana) Trail Kevin Moran Park Alternative Soccer Field Park/Trail Repairs Total Parks & Trails ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Public Safety, Infrastructure, Facility, and Park and Trails Capital Improvement Project Funds. CIP Funds /Projects 06130106 Fund Balance Incrl(Decr) Nov Revenues Expenditures 11130106 Fund Transfers Balance Public Safety Traffic Safety 67,568 (9,874) (5,411) 52,283 Highway 9 Safety Project 100,000 100,000 Hakone ADA Improvement - (5,895) (57,529) (63,424) Sidewalks Yearly Project 185,001 (3,801) 181,200 Aloha Street Safety Improvement (57,529) (2,310) (5,682) 57,529 (7,992) Bridges @ 4th Street 100,000 100,000 Highway 9 and Oak Place Pedestrian Sign 31,845 (33,093) (1,793) (3,041) Quito Road Bridge Replacement 127,192 127,192 Total Public Safety 554,077 (51,172) - (16,687) 486,218 Infrastructure Two Solar Power Radar Feedbacks - 15,000 - 15,000 El Quito Area Curb Replacement 460,264 (861) - 459,403 Book Go Round Drainage - 59,710 - (7,818) 51,892 Sobey Road Culvert Repair - 150,000 - 150,000 Storm Drain Upgrades 167,864 51,821 - (8,371) 211,314 Median Repairs(Landscape/Irrig.) 20,000 (5,814) (1,052) 13,134 Civic Center Landscape 104,325 (2,343) (3,185) 98,797 Village Lights (Zone 7A) - 50,000 50,000 Village Trees & Lights at Sidestreets 7,000 - - 7,000 Cox Ave Railroad Crossing Upgrade (564) 2,282 (126,964) (125,246) Signage @ City Entrance 13,467 - - 13,467 Blaney Plaza Improvement - Conlruction 99,787 (113,336) (571) (14,120) Village- Streetscape Impv (Sidewalk, Curbs) 738,624 (4,960) 733,664 Saratoga- Sunnyvale/Gateway 231,603 (5,665) (502) 225,436 Storm Drain @ El Camino / Mt Vista 100,000 - - 100,000 Total Infrastructure 1,942,934 197,948 2,282 (153,423) 1,989,741 Facility WHH Improvements 74,737 (12,367) - (6,503) 55,867 Civic Center- COD Offices 15,000 (4,100) - (10,900) - Fire Alarm at McWilliams & Book Go Round - 25,000 - 25,000 North Campus -19848 Prospect Road 498,745 - (3,980) 494,765 Historical Park Fire Alarm System 6,543 - 6,543 Total Facility 96,280 507,278 (21,383) 582,175 Parks & Trails Hakone Garden D/W 164,283 - 164,283 Union Pacific Railroad (Deana) Trail (49,066) (32,300) - (81,366) Kevin Moran Improvements 46,468 (1,066) - (1,500) 43,902 Alternative Soccer Field - 250,000 - 250,000 Park/Trail Repairs 35,202 1,725 - 33,477 Total Parks & Trails 196,887 214,909 - (1,500) 410,296 Total CIP Funds 2,790,178 868,963 2,282 (192,993) 3,468,430 Bill Lockyer, State Treasurer Inside the State Treasurer's Office LOCAL AGENCY INVESTMENT FUND QUARTERLY APPORTIONMENT RATES 568 5.78 5 6.45 1 6.97 7.35 7.86 8.32 g 8.81 9.10 9.26 10.06 11.11 11.54 10.01 10.47 11.23 11.68 12.40 11.91 x 11.82 11.99 11.74 10.71 9.87 9.64 10.04 10.18 10.32 10.88 11.53 11.41 1+ = 10.32 9.98 9.54 9.43 198 9.09 8.39 7.81 7.48 - - - -_ 1 7.24 7.21 7.54 _ 7.97 8.01 7.87 8.20 8.45 8.76 9.13 8.87 8.68 8.52 8.50 8.39 8.27 m - - = 7.97 7.38 7.00 6.52 t. 5.87 5.45 4.97 4.67 zz _ _ _ __. 4.64 4.51 4.44 4.36 l 4.25 4.45 4.96 5.37 1 5.76 5.98 5.89 5.76 n_ _.__.. _ _ -- --- __ -._- 1" = 5.62 5.52 5.57 5.58 1 5.56 5.63 5.68 5.71 1 . = 5.70 5.66 5.64 5.46 JX 5.19 5.08 5.21 5.49 2U k 5.80 6.18 6.47 6.52 244 6.16 5.32 4.47 3.52 2 2.96 2.75 2.63 2.31 2fl 1.98 177 163 156 2Q 1.47 1.44 1 67 2 00_ _ _ - 200 2.38 2.85 3.18 3.63 2 , u 4.03 4.53 4.93 5.11 SARATOGA CITY COUNCIL MEETING DATE: February 21, 2007 ORIGINATING DEPT: Recreation De rtment PREPARED BY: Thomas Scott, Facilities Maintenance Supervisor AGENDAITEM: ` jr i CITY MANAGER; DEPT HEAlt. r Barbara Powell (Acting Director) SUBJECT: Agreement with CIM Air, Inc. for HVAC System Installation — North Campus, Administration Building RECOMMENDED ACTION(S): Accept report and adopt the resolution approving the Agreement with CIM Air, Inc. for Heating, Ventilating, and Air Conditioning (HVAC) System Installation for the North Campus Administration Building. REPORT SUMMARY: In 2006, the City Council approved a budget of $500,000 for improvements to the Administration and Fellowship Hall buildings at the North Campus facility. Since that time, staff has undertaken demolition and associated work in the Administration Building, in anticipation of improvements that primarily approve the aesthetics and functionality of the building. A required improvement that will enhance the functionality of and energy conservation in the building is the removal and replacement of the existing HVAC system. The current HVAC system consists of an air conditioning unit and two heaters. The system is not energy efficient and has no economizers. In addition, one of the units no longer functions and the current ductwork snakes around the building and is not installed in an efficient manner. The new system meets current energy efficiency standards, and will be correctly installed in the attic space and tied into a new, efficient duct system. Further, the new system is correctly sized for the building, and features two complete units (air conditioning and heating) that will fully condition the entire building. Staff sought three bids for the project. One contractor did not respond to the bid request and two other contractors bid as follows: CIM Air, Inc. $34,342 Bay City Mechanical $34,950 Staff recommends that CIM Air, Inc. be awarded the contract for this work in the amount of $34,342 with a ten percent (10 %) contingency, for a total award amount of $37,742. FISCAL IMPACTS: The cost for installation of the new HVAC system is $34,342 plus a 10% contingency, for a total cost of $37,742. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City will not enter into an agreement with CIM Air, Inc. for installation of the HVAC system for the North Campus, Administration Building and will be required to seek another vendor to perform the work. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Approve the Resolution Approving the Agreement with CIM Air, Inc. for installation of an HVAC system for the North Campus, Administration Building and authorize the City Manager to approve the Amendment. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: • Resolution approving the Agreement with CIM Air, Inc. • Agreement RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE AGREEMENT WITH CIM AIR, INC. FOR REMOVAL AND REPLACEMENT OF THE HVAC SYSTEM FOR THE ADMINISTRATION BUILDING, NORTH CAMPUS FACILITY WHEREAS, in 2006, the City of Saratoga City Council approved a budget of $500,000 for improvements to the North Campus facility; WHEREAS, the scope of work to be accomplished within this budget includes improvements to the Administration Building at North Campus; WHEREAS, for the energy efficient and functional operation of the Administration Building it is necessary to remove and replace the Administration Building's existing Heating, Ventilating and Air Conditioning (HVAC) system; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves to approve the Agreement with CIM Air, Inc., in the amount of $37,742. AND BE IT FURTHER RESOLVED, that the City Manager is authorized to approve the Agreement with CIM Air, Inc. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21" day of February 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cathleen Boyer, City Clerk Page 3 of 3 Norman Kline, Mayor AIR, INC. 50 Aviation Way #2 . November 16, 2006 Mr. Thomas Scott C/O City of Saratoga 19700 Allendale Ave. Saratoga, Ca 95070 CA 95076 Re: North Campus Administration Building. Dear Thomas, Phone 831- 7224948 Fax 831 -722 -5285 Email keb@cimair.com Recently CIM was asked to provide a proposal for the replacement of aged / inoperative heating equipment at the north campus admin building. After reviewing the installed equipment CIM is pleased to offer the following. 1. Remove and properly dispose of the existing equipment. 2. Provide new equipment support platform. 3. Fabricate and install custom louver. 4. Provide new Furnaces, evaps, and Condensers (2). 5. Modify equipment for low ambient use. 6. Construct custom economizer. Integrate controls. 7. Replace attic ductwork. 8. Provide attic lights. 9. Provide attic exhaust fan and thermostat. 10. Install piping and line set covers. 11. Provide flues. 12. Install thermostats 13. Start and test Total cost for the above mentioned project including all parts, taxes and labor will be $34,342.00 (Thirty Four Thousand Three Hundred Forty-Two Dollars.) If further information is required or we may be of assistance in any way please contact this office. Regards, Keit enkins CIM Air, Inc. BAY CITY MECHANICAL, INC.' (Revised 2114107) Febmary 13, 2007 To: City of Saratoga 19700 Allendale Ave Saratoga, CA 95070 Attn: Thomas Scott Ph. 408-868-1277 Fax. 408-868-1278 Re: HVAC replacement @ 19848 Prospect Road Saratoga, CA 95070 Dear Thomas, This quote is based upon your SCOPE OF WORK letter with 15 items listed for the Administration building at the North Campus location and myjob walk on 2/12/07. We propose to do the work for a total of $34,950.00. Note: Bay City Mechanical plans on connecting to existing ductwork where it penetrates from the existing flat roof to the confined ceiling space. Any problems that need attention within the existing confined space relating to ductwork quality, air distribution or airflow will be considered a change order. Exclusions: Overtime work Bonds Permits Sincere , Dave Tavonatti Service Manager r 543 South 31st Street, Richmond, CA 94804.40,20 510- 233 -7000 E0. 6os11332, San Rafael, CA 94912 (415) 33 1 -1700 Fax 510 -7_33 -7042 Lic. =645126 www.havOr mcclixom 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 CIM AIR, Inc., ( "Contractor "), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE 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 5, 2007 and extends through June 15, 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. City of Saratoga /Standard Contract Agreement rage i My Documents/ Contracts 03/15/01 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ( "Facilities and Equipment "), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ( "General Provisions "). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Thomas Scott ( "Administrator "). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: City of Saratoga /Standard Contract Agreement Page 2 of 19 My Documents/ Contracts 03/15/01 _. Notices to Contractor shall be sent to: CIM AIR, Inc. 50 Aviation Way #2 Watsonville, California 95076 Attention: Keith Jenkins Notices to City shall be sent to: City of Saratoga 19700 Allendale Avenue Saratoga, CA 95070 Attention: Thomas Scott 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. City of Saratoga /Standard Contract Agreement Page 3 of 19 My Documents / Contracts 03/15/01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Print Name: Position: Date: z,'. 1�"-13 Q Z CITY OF SARATOGA, a municipal corporation 10 Name: Title: APPROVED AS TO FORM: City Attorney Date: Date: APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: 0 Administrative Services Director Date: Attachments A/ov -fta C_wft.1pa0s katoK -ft #1(j+G Exhibit A -- Scope of Work Exhibit B - Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements City of Saratoga /Standard Contract Agreement Page 4 of 19 My Documents /Contracts 03/15/01 EXHIBIT A SCOPE OF WORK Contractor shall complete the Scope of Work for the Administration building at the North Campus location listed below; 1. Remove and properly dispose of the existing equipment. This includes the removal of three furnaces and the condensing unit and the removal of the existing ductwork in the attic. 2. Provide new equipment support platform. Sized for two furnaces with evaporators and overflow pans near the existing North West Window. 3. Remove Window. Fabricate and install custom louver. Provide outside air plenum. 4. Provide new Furnaces, thermostatic expansion valves, Evaporators and Condensers (2). Equipment shall be Carrier or Trane, 90 MBH input furnaces and 42MBH condensing units. 5. Modify equipment for low ambient use. Fan cycle switches and low ambient lockouts. 6. Construct custom economizer. Integrate controls. On call for cooling unit will examine outside air. If temp is below 72 F. (field adjustable.) economizer damper will drive open. If 2nd stage calls for cool is present mechanical cooling will engage. On temperature rise outside air damper will close to minimum position. 7. Replace attic ductwork. Use premium quality acoustical duct sized to provide velocity not over 1000fpm in mains and <600 fpm in branch. Each branch shall have an individual balancing damper. Each length of duct shall be supported allowing for no more than 1 1/2 in. sag. 8. Provide attic lights. Three four foot fluorescent with switch and wiring. 9. Provide attic exhaust fan and thermostat. Two fans each with an adjustable thermostat. 1500 cfm each. Initial set point 88 F. 10.Install piping and line set covers. Refrigerant piping, Condensate lines and electrical wiring must be covered on the building exterior. 11.Provide flues. Weather caps and storm collars. 12.Install thermostats. Two stage programmable electric. Honeywell 6220 series. 13.Start and test 14.Update as required the units electrical wiring to panel. 15.Permits, structural reinforcements or other city requirements are not included, but are available under separate contract if required. Refer to attached bid dated 11/ 16/06 as part of this contract. Terms for the project is upon agreement the first billing will be for the materials costs then a near completion billing for the balance less 10% of the total project as a retention billing when the project is completed. City of Saratoga /Standard Contract Agreement Page 5 of 19 My Documents /Contracts 03/15/01 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of Thirty Four Thousand Three Hundred Forty- Two dollars. ($34,342.00) for work to be performed and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be the total which City shall pay for the work product to be provided by Contractor pursuant to this Agreement. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; C. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. City of Saratoga /Standard Contract Agreement Page 6 of 19 My Documents /Contracts 03/15/01 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. City of Saratoga /Standard Contract Agreement Page 7 of 19 My Documents /Contracts 03/15/01 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. City of Saratoga /Standard Contract Agreement Page 8 of 19 My Documents /Contracts 03/15/01 5. BENEFITS AND TARES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the 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. 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. City of Saratoga /Standard Contract Agreement Page 9 of 19 My Documents / Contracts 03/15/01 b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. City of Saratoga /Standard Contract Agreement Page 10 of 19 My Documents /Contracts 03/15/01 d. Drug -free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug -free workplace. Neither Contractor nor Contractor's 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. City of Saratoga /Standard Contract Agreement Page 11 of 19 My Documents /Contracts 03/15/01 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. Seal and Signature of Registered Professional with reportf design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTORContractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. City of Saratoga /Standard Contract Agreement Page 12 of 19 My Documents /Contracts 03/15/01 a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where 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. City of Saratoga/ Standard Contract Agreement My Documents / Contracts 03/15/01 L 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 a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and /or seek damages including incidental, consequential and /or special damages to the full extent allowed by law. City of Saratoga /Standard Contract Agreement Page 14 of 19 My Documents / Contracts 03/15/01 c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here -from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non - binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own 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. City of Saratoga /Standard Contract Agreement Page 15 of 19 My Documents / Contracts 03/15/01 20. NOTICE OF NON - RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this 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 16 of 19 My Documents/ Contracts 03/15/01 E Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance brokers) /agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: City of Saratoga, 19700 Allendale Avenue, Saratoga, CA 95070, Attention Thomas Scott. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General /Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/ $2,000,000 aggregate limits for bodily injury and property damage $ per occurrence bodily injury/$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance If the standard ISO Form wording for "OTHER INSURANCE ", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self - insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. City of Saratoga /Standard Contract Agreement Page 17 of 19 My Documents / Contracts 03/15/01 X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage $ per person /$ per accident for bodily injury $ per occurrence for property damage $ 500,000 combined single limit for bodily injury and property damage Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. Professional/ Errors and Omissions Liability with coverage as indicated: $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional /Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/ Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non - payment of premium). NOTE: the City of Saratoga /Standard Contract Agreement Page 1S of 19 My Documents /Contracts 03/15/01 following words must be crossed out or deleted from the standard cancellation clause: "... endeavor to ..." AND "... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: 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 insured 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: VII City of Saratoga /Standard Contract Agreement Page 19 of 19 My Documents /Contracts 03/15/01 SARATOGA CITY COUNCIL MEETING DATE: February 21, 2007 AGENDA ITEM: 3 ORIGINATING DEPT: Community Development CITY MANAGER: -de • on- PREPARED BY: Kate Bear, City Arbor ISO DEPT HEAD: ave An SUBJECT: Appeal of Planning Commission's decision approving a Minor Modification of Approved Plans at 14261 Springer Avenue. RECOMMENDED ACTIONS: 1. Uphold the Planning Commission approval of a minor modification of approved plans for 14261 Springer Avenue. The modification allows the property owner to leave a portion of a concrete walkway underneath olive trees that grow on the neighbor's property, while requiring that the portion underneath the oak tree be replaced with pervious materials on sand. 2. The Planning Commission recommends that the City Council refund the $250 appeal fee for the Planning Commission hearing that occurred on January 10, 2007. REPORT SUMMARY: On February 12, 2003, the property owner, Mr. Paul Qian, submitted a Design Review Approval application to the Planning Commission, to construct a new two -story house with a basement. The Design Review Approval was granted and no appeals were filed subsequent to Planning Commission approval. The "Exhibit A" plans for the project showed a concrete walkway on top of grade. However, the Conditions of Approval #8 under Community Development and #2 under the City Arborist section (see attached Resolution 03 -007) required pervious materials for the walkway adjacent to the trees. Following construction, City staff inspected the project and approved it as built according to the Building Division plans in March 2006. In November 2006, the appellant filed a complaint with the City that the walkway on Mr. Qian's property was not of pervious materials as required by Planning Commission Resolution 03 -007. She was concerned that it would kill her olive and maple trees. Following the appellant's complaint, the property owner hired ISA- Certified Arborist Mr. Mark Beaudoin to inspect the walkway and the health of the trees. His report concluded that the concrete should be replaced with pavers on sand underneath the oak tree, and the concrete portion underneath the olive trees may remain, as no negative impacts are expected from it. The property owner also requested that Michael Bench, from Barre Coate and Associates, who performed the initial inspection prior to construction, inspect the site again. Michael Bench provided the owner with a letter stating that the concrete walkway would not harm the olive trees. The City Arborist has reviewed both reports, inspected the walkway and the trees, and concurs with the two arborists, that the concrete walkway will not harm the olive trees. The big leaf maple tree was not impacted by the walkway, as it is outside of the tree's canopy. Based on arborist recommendations, the Community Development Director approved a minor modification to approved plans per City Code Section 16- 05.035(c)2, and directed the property owner to remove the impervious concrete walkway underneath the oak tree ( #7) and replace it with pavers on sand. The portion of the concrete walkway next to the olive trees ( #5 and #6) was allowed to remain as the olives were not expected to be negatively impacted. On December 11, 2006, the appellant appealed the Administrative Decision to the Planning Commission and paid an appeal fee of $250. On January 10, 2007, the Planning Commission upheld the Administrative Decision in a 4 -1 vote with one commissioner absent. The Planning Commission also made a second motion recommending that the City Council waive the appeal fee and voted 5 -0 in favor of it. The appellant has subsequently filed an appeal of the Planning Commission's decision to the City Council and has paid the separate $250 City Council appeal fee. FISCAL IMPACTS: 1. There is no fiscal impact for the approval of the Minor Modification to Approved Plans. 2. If the City Council approves the refund of the fee to appeal the Administrative Decision to the Planning Commission, the City will pay the appellant $250 for the refund. ALTERNATE ACTION: Grant the appeal and rescind the approval of the Minor Modification to Approved Plans to require that the property owner of 14261 Springer Avenue replace the portions of the walkway under the olive trees with pervious materials such as pavers on sand. FOLLOW UP ACTIONS: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: The agenda for this meeting has been properly posted and all parcels within 500 feet were notified by mail of the meeting. No comments have been received as of the writing of this staff report. ATTACHMENTS: 1. City Council Resolution Upholding the Planning Commission Decision 2. Planning Commission Resolution 07 -029 — Denial of Appeal of Administrative Decision 3. Planning Commission Minutes from January 10, 2007 meeting 4. Planning Commission Resolution 03 -007 — Planning Commission Conditions of Approval 2 Attachment 1 RESOLUTION 07- A RESOLUTION OF CITY COUNCIL OF THE CITY OF SARATOGA DENYING THE APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A MINOR MODIFICTION OF APPROVED PLANS AT 14261 SPRINGER AVENUE WHEREAS, on November 27, 2006 the Community Development Director approved a modification to approved plans for the property at 14261 Springer Avenue (approved by Planning Commission Resolution 03 -007) by requiring the impervious concrete walkway near the oak tree to be replaced with pavers on sand and allowing the impervious concrete walkway near the olive tree to remain so long as constructed on grade (said approval referenced hereafter as "Administrative Decision "); and WHEREAS, the Administrative Decision was appealed to the Planning Commission in accordance with the City Code; and WHEREAS, on January 10, 2007, the Planning Commission held a duly noticed Public Hearing to consider the appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission upheld the Administrative Decision; and WHEREAS, the Appellant has appealed the Planning Commission's decision to the City Council; and WHEREAS, on February 21, 2007, the City Council held a duly noticed Public Hearing at which time all interested parties were given full opportunity to be heard and to present evidence regarding the appeal of a Planning Commission decision to uphold the Administrative Decision; WHEREAS, based on the evidence presented in the staff report and at the public hearing the City Council has determined that modifications authorized by the Administrative Decision is not considered material in nature to the project per City Code Section 16- 05.035(c)2, so as to allow it to be approved by the Community Development Director; and WHEREAS, the Community Development Director's decision is consistent with the intent of the original conditions of approval in that it includes measures identified by professional arborists to protect trees along the property line. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby does hereby resolve as follows: After careful consideration of the staff report, Planning Commission resolutions and other exhibits submitted in connection with this matter and for the reasons set forth above, the appeal of the Planning Commission decision is denied with the effect that the Minor Modification to Approved Plans for 14261 Springer Avenue is approved consistent with the Administrative Decision. PASSED AND ADOPTED by the Saratoga City Council, State of California, this 2151 day of February, 2007 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Approved: ATTEST: Cathleen Boyer, City Clerk Aileen Kao, Mayor Attachment 2 RESOLUTION NO. 07 -029 City of Saratoga Planning Commission STATE OF CALIFORNIA Paul Qian, Property Owner; 14261 Springer Avenue Yolanda Martin, Appellant; 14251 Springer Avenue DENIAL OF APPEAL OF ADMINISTRATIVE DECISION WHEREAS, the City of Saratoga Planning Commission granted a Design Review Approval for a project at 14261 Springer Avenue on February 12, 2003; and WHEREAS, the project received final approval as being constructed according to Building Division plans on February 28, 2006; and WHEREAS, the Property Owner's proposed modification to approved plans is not considered material in nature to the project per City Code Section 16- 05.035(c)2, so as to allow it to be approved by the Community Development Director; and WHEREAS, the Community Development Director has rendered an Administrative Decision approving a modification to approved plans by requiring the impervious concrete walkway near the oak tree to be replaced with pavers on sand and allowing the impervious concrete walkway near the olive tree to remain so long as constructed on grade; and WHEREAS, the Appellant has appealed the Community Development Director's Administrative Decision; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Community Development Director's decision is consistent with the original Resolution with the exception that it modifies Condition #2 under the Arborist Section of Resolution 03 -007; and WHEREAS, the Community Development Director's decision is consistent with the General Plan, including the following Policies: Conservation Element Policy 2.4 - Through implementation of the Tree Preservation Ordinance, the City shall control the removal or destruction of trees. The proposal will retain and adequately protect the trees adjacent to the walkway. Land Use Element Policy 5.0 - The City shall use the design review process to ensure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. Based on the opinions of three arborists, the development will be compatible with the adjacent surroundings. The proposed modification is consistent with the City Code, including the following sections: Section 15- 50.080(b) — At the discretion of the Community Development Director, City Arborist review may be required before any tree removal, pruning or encroachment permit is issued or before approval of a project involving the removal of pruning of or encroachment upon one or more protected trees is granted. The project was reviewed by the City Arborist following construction and the olive trees were found to be in good condition. The walkway was constructed entirely on top of grade so that no roots were pruned. The owner will be required to replace the portion of the walkway underneath the oak tree with pavers on sand per Mark Beaudoin's report. Section 15- 50.120 — Unless otherwise permitted by the approving authority, no structure, excavation or impervious surface areas of any kind shall be constructed or installed within the root zone of any protected tree without mitigating special design, such as post and beam footings that bridge the roots. No parking, storing of vehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design considerations approved by the Community Development Director and City Arborist. The following mitigating design modifications were utilized to protect the trees during construction of the project: (1) The trees were protected by fencing during construction; (2) A post and beam foundation was used for the garage to mitigate damage to the roots; (3) Excavation for the basement was moved farther from the trees; (4) The walkway was constructed entirely on top of grade; (6) The owner is being required to replace the walkway under the oak tree with pavers on sand. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the staff report, plans and other exhibits submitted in connection with this matter, the appeal of the Administrative Decision to approve a minor modification to approved plans is denied. Section 2. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 10`h day of January, 2007, by the following roll call vote: AYES: Nagpal, Rodgers, Zhao, Hlava NOES: Kuntz ABSENT: Capella ABSTAIN: None Linda R. Rodgers Chair, Planning Commission ATTEST o . Livingston , AICP ecretary, Planning Commission Except as otherwise expressly provided in this resolution, all provisions of Resolution 03- 007 shall remain in full force and applicable to the project as modified by this resolution. &La---, - Property Owner, Paul Qian, 14261 Springer Avenue (Z G �- Date Attachment 3 MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, January 10, 2007 PLACE: Council Chambers /Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Rodgers called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Hlava, Kundtz, Nagpal, Rodgers and Zhao Absent: Commissioner Cappello Staff: Director John Livingstone, Associate Planner Therese Schmidt, City Arborist Kate Bear and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES — Regular Meeting of December 13, 2006. Motion: Upon motion of Commissioner Hlava seconded by Commissioner Kundtz, the Planning Commission minutes of the regular meeting of December 13, 2006, were adopted with an edit to page 16. (4- 0 -1 -1; Commissioner Cappello was absent and Commissioner Nagpal abstained) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 4, 2007. REPORT OF APPEAL RIGHTS Chair Rodgers announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050(b). CONSENT CALENDAR There were no Consent Calendar Items. Saratoga Planning Commission Minutes for January 10, 2007 Page 2 PUBLIC HEARING - ITEM NO. 1 APPLICATION #07 -143 (510 -01 -030) Silverstein, 19896 Park Drive: The applicant requests a Modification to a Design Review Approval granted by the Planning Commission at their July 27, 2005, hearing, which consisted of demolition of a residence and construction of a one - story, single - family, residence with a total floor area of the 4,828 sq. ft. The proposed modification would change exterior materials and colors. The gross lot size is 28,750 square - feet and the site is zoned R -1 20,000. (Therese Schmidt) Associate Planner Therese Schmidt, presented the staff report as follows: • Explained that the applicant is seeking approval for a Modification to a Design Review Approval that was granted by the Planning Commission on July 27, 2005. • Reported that the Design Review Approval allowed for the demolition of an existing single - family residence and the construction of a new single - family residence consisting of 4,828 square feet. • Said that the proposed modifications relate to the exterior materials of the building. There is no proposed change to the floor plan or building height. • Stated that the original approval included beige with textured stucco, white trim, brown shutters, and a garage door painted dark brown. Additionally there were whitewashed brick accents. • Distributed the original color board to the Commission. • Continued by stating that the applicant is now requesting a change in materials. This change would not change any original findings for approval. The new home would still blend in with the neighborhood. There is no change to the approved landscape plan that is extensive in the front of the home. • Explained that a revised resolution would supercede the original resolution with all of the original conditions of approval retained from the July 27, 2005, approval. • Recommended approval. Commissioner Hlava asked if a part of the original circular driveway is coming out to accommodate landscaping. Planner Therese Schmidt replied yes, this would become more of a sidewalk area with extensive landscaping. Chair Rodgers opened the public hearing for Agenda Item No. 1. Mr. David Silverstein, Applicant and Property Owner: • Said that they are asking for this modification of approval. • Explained that vines are intended to grown onto the wall to soften its appearance. Ms. Barbara Silverstein, Applicant and Property Owner: • Explained that the original paint color was white not beige. Saratoga Planning Commission Minutes for January 10, 2007 Page 3 • Added that they thought the appearance would be softer and look better if it was not white adding character and depth • Stated that they came to that conclusion as they watched the house elevate on the property. • Said that limestone surrounds gives the house a country look instead of dark shutters on stucco. Commissioner Nagpal thanked the Silversteins for their time during the site visit. Chair Rodgers closed the public hearing for Agenda Item No. 1. Commissioner Nagpal said that she likes brick but this materials change is an improvement that she can support. Commissioner Zhao agreed that the new colors will blend in better and that she can support this change. Commissioner Kundtz said that he too likes brick facades but that this one was whitewashed brick. He said that the findings can be made and that he is looking forward to seeing this house completed. Commissioner Hlava said that she can make all findings and that these new materials and colors are an improvement over whitewashed brick. Chair Rodgers said that she too prefers the new colors. She said that this is a lovely home and she hopes the Silversteins enjoy living in it. She asked the maker of the motion to determine if any of the conditions need to be made permanent. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission approved a Modification to a Design Review Approval (Application #07 -143) to change exterior materials and colors for a new one -story, single family residence on property located at 19896 Park Drive, without designating any of the conditions as permanent, by the following roll call vote: AYES: Hlava, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Cappello ABSTAIN: None PUBLIC HEARING - ITEM NO. 2 APPLICATION #07 -205 (503 -27 -068) Martin, 14261 Springer Avenue: The applicant requests an appeal of an Administrative Decision to Approve a Minor Modification of Approved Plans, granted by the Director of Community Development. The Administrative Decision pertains to a concrete walkway adjacent to trees. (Kate Bear) Saratoga Planning Commission Minutes for January 10, 2007 Page 4 City Arborist Kate Bear presented the staff report as follows: • Stated that the issue here is a walkway. • Explained that the appellant has appealed a Minor Modification of Approved Plans that was granted on November 27, 2006, by the Community Development Director to allow a portion of this walkway to remain concrete while requiring a portion of it located under an oak tree to be removed and replaced with pervious materials. • Said that the appellant lives next door to the subject property and that olive trees near the walkway are located on the appellant's property. • Said that the original report from Barrie Coate & Associates mentioned that trees #6 and #7 may require removal but did not recommend that the house be redesigned to retain them. However, the property owner retained all of the trees. • Stressed that the focus this evening should remain on the walkway although other issues may come up. • Said that the focus needs to be whether to require the entire walkway to be removed and replaced with pervious materials as specified in the original Planning Commission resolution or to allow the Minor Modification of Approved Plans to be upheld. This allows the use of pavers on sand underneath the oak tree while allowing the concrete portion to remain adjacent to the olive trees. • Reported that in November 2006, the property owner retained an arborist, Mr. Mark Bedoin, to provide a recommendation about whether it was necessary to replace the concrete with pervious materials. Mr. Bedoin provided his report to the City and staff reviewed it. Staff concurred with the recommendations in the report to replace the walkway with pervious materials under the oak tree and to allow the concrete to remain next to the olive trees. • Added that this report was provided to the Community Development Director prior to making the Minor Modification to Approval Plans. • Said that the staff arborist concurred with the report that was provided to the City. • Said that in December 2006, the property owner requested that Barrie Coate reinspect the trees and the walkway again. Barrie Coate provided the property owner with a letter clarifying his statements in his original report. That letter recommends pervious materials under the oak tree within seven feet of the trunk and states that the concrete pathway will not adversely affect the olive trees. • Stated that to date, she (Kate Bear) has inspected the trees and has found that the walkway will not impact the olive trees negatively if the provisions of the Minor Modification to Approved Plans are followed. • Said that an independent arborist hired by the property owner has made the same recommendation, as has Barrie Coates who was the original arborist for the City on this project. • Recommended that the Commission approve the attached resolution with added findings per the staff report and said she was available for any questions. Commissioner Kundtz pointed out that if the property owner had followed the original approval for pervious materials instead of concrete, the Commission would not be here this evening discussing this. Saratoga Planning Commission Minutes for January 10, 2007 Page 5 Arborist Kate Bear said that this is true. Commissioner Nagpal asked if Condition 8 from the original resolution is based upon recommendation from Barrie Coate. Arborist Kate Bear said yes, it was Barrie Coate's recommendation from his original report. Commissioner Nagpal asked how he can reconcile the difference between his original report and what he is now saying? Arborist Kate Bear suggested she might best respond by reading from his most recent letter. Director John Livingstone said that arborists tend to be very conservative to start with. Unfortunately, the impervious concrete walkway did get put in. Now that the walkway is in place, the arborist is interpreting its impacts. Commissioner Nagpal asked if the oak and olive trees are viable and will do fine. Arborist Kate Bear replied that is her opinion. Chair Rodgers asked how long since the walkway was put in? Arborist Kate Bear replied she did not know. She inspected 10 months ago. Chair Rodgers asked how long before impacts to trees are visible? Arborist Kate Bear: • Replied that impacts for an oak tree can take a few months to three years. • Added that she has not seen olive trees go through deterioration and die. They can be put through some pretty traumatic situations. They are frequently dug up and replanted as mature trees. Commissioner Zhao asked how big an area has to be changed to pervious materials? Arborist Kate Bear estimated a seven feet long section. Commissioner Zhao asked what was the entire area of walkway? Arborist Kate Bear said that she would have to guess that it is approximately 20 feet long. Commissioner Nagpal pointed out that trenching occurred at the site. She asked if impacts from that trenching would have already been seen? Arborist Kate Bear said that the trenching occurred before she was on staff so she did not actually see it. A letter from David Babby says that this trenching did not damage the trees. Chair Rodgers asked Arborist Kate Bear if ivy beneath an oak tree is compatible. Saratoga Planning Commission Minutes for January 10, 2007 Page 6 Arborist Kate Bear said that she couldn't rule it out specifically without consulting a specific resource she uses. She added that she tends to not put ivy under an oak but can't rule it out automatically. Chair Rodgers opened the public hearing for Agenda Item No. 2. Ms. Yolanda Martin, Appellant and adjacent property owner: • Stated that she is here to save her trees and to call attention to her neighbor's construction project. • Added that there have been detrimental impacts from this construction on the health and future preservation of her trees, specifically one maple, two olives and one oak tree. • Said that the trees have been subject to several impacts including cutting roots, soil impaction and change of grade. In the summer off 2005, the roots at the drip line were cut during the trenching process. She said that her maple tree was considered fair prior to this trenching but now is dying. Her two olive trees now show signs of stress. • Added that soil compaction occurred when trucks and heavy materials were driven over the root zone and /or having materials stockpiled over a trees root area. • Said that the change of grade occurred with the addition of soil, which smothers the roots. On the other hand, removing soil exposes the roots. The grade was increased on one side of the trees. • Cautioned that construction damage to trees can take two to three years before they can look like they are declining and can take between five and 10 years for that tree to die. • Stressed that her trees need help and that this was recognized in 2003. This project was based on several conditions to protect the trees that were incorporated into the resolution. • Stated that the walkway was not constructed per the approved plans. • Said that Code Enforcement staff told her in October that the owner would be issued a 30- day notice to comply. That was never sent. Instead the owners hired their own arborist and on November 27, 2006, the Community Development Director approved a Minor Modification to Approved Plans. This was done three years after the fact and eight months after final inspection. • Opined that the City's action was not in favor of tree preservation but rather self - preservation to mitigate its mistakes since the site was approved per incorrect plans. • Pointed out that pervious pavers are the common standard for Saratoga. • Said that the site was approved before the walkway was installed. • Stated that the Community Development Director overstepped his bounds in approving this Minor Modification to Approved Plans as per Code only the body that originally approved a project can modify that project. Since the Planning Commission granted this Design Review Approval only the Planning Commission can issue a Modification. • Suggested that this is not a minor modification but one with major impacts. • Stated that basically her trees are doomed. • Said that she is requesting a refund of her $250 appeal filing fee and that the Planning Commission reinstate the previous walkway requirement. Commissioner Nagpal said that she appreciates Ms. Martin's effort. She added that Barrie Coate says that the tree would be okay as does the City's current arborist, Kate Bear. Several Saratoga Planning Commission Minutes for January 10, 2007 Page 7 independent arborists have acknowledged that the trees should be fine, including the original arborist. Ms. Yolanda Martin said that she did not believe that Barrie Coate is independent when the applicant hired him. Kate Bear represents the City. Chair Rodgers asked whether if the oak tree declines Ms. Martin could apply for the tree bond. Ms. Yolanda Martin said that she was told that the bond had been released. She added that the walkway is the only mitigation measure that can be introduced to possibly ensure the survival of trees. Chair Rodgers said that that might be the case with the City but that perhaps Ms. Martin could work with the neighbor. Ms. Yolanda Martin said that the roots are gone with the olive trees. That can make them less stable. She added that her neighbors' arborist told her that if the walkway were to be replaced with pervious materials those roots would regrow and stabilize the tree. If it remains cement, the roots are not going to grow. Chair Rodgers said that if there is damage in the future litigation is an option although not a pleasant one. She asked Ms. Yolanda Martin if she feels strongly about the need for these pervious pavers. Ms. Yolanda Martin said that it is the only possible action that can be taken to save these trees. Chair Rodgers pointed out that what the Commission is hearing from the City Arborist is that the trees will be fine. Ms. Yolanda Martin said that everything she has researched says that this is not necessarily the case. Commissioner Zhao asked Ms. Yolanda Martin if she has a report from the arborists she has talked to? Ms. Yolanda Martin replied just one letter. Commissioner Nagpal asked if Ms. Yolanda Martin had discussed with that arborist the possibility of a partial pervious pavers walkway? Ms. Yolanda Martin said that she understood that the walkway near the oak would be replaced with pavers. Chair Rodgers asked Ms. Yolanda Martin if the olive trees were located on her property. Ms. Yolanda Martin replied yes, the olives, a maple and an oak tree are on her property. Saratoga Planning Commission Minutes for January 10, 2007 Page 8 Commissioner Nagpal asked Arborist Kate Bear if the walkway was installed when final occupancy was granted. Arborist Kate Bear replied that she did not remember but it may not have been. Chair Rodgers asked if this is an error on the part of the City. Director John Livingstone said that it is clear that they wanted it to be a pervious walkway. Ms. Yolanda Martin said that it was determined in 2003 that the olives were on her property. Chair Rodgers pointed out that the tree was leaning at that time. She asked staff how long the property owners should be given to present their case. Director John Livingstone replied that 10 minutes would be appropriate. Mr. Paul Qian, Property Owner: • Introduced his wife, Suying Yang. • Assured that the best effort was taken to protect trees including protective fencing and a tree bond. • Added that the tree bond has been released. • Stated his support for the decision made by the Community Development Director for the Minor Modification to Approved Plans. • Said that when his neighbor, Ms. Yolanda Martin, raised issues he hired an arborist. • Said that three arborist reports come to the conclusion that it is enough to keep the path and change only the six to seven foot section that is near the oak tree. Commissioner Nagpal asked Mr. Paul Qian if the oak is located on his property. Mr. Paul Qian: • Replied yes. • Reiterated that he has depended on professional arborists and that three arborist reports support the Community Development Director's decision. • Reported that some of the things said by Ms. Yolanda Martin are untrue. • Pointed out that the City authorized the trench dug. It was under the driveway and not close to trees. • Said he feels upset by what his neighbor has said. • Stated that the maple tree on his neighbor's property was only 30 percent healthy in 2002. • Discounted his neighbor's claim that he had planned to take out the oak tree on his property. That is not true. • Advised that this neighbor took out a big and beautiful tree last year that was located at the property line. Ms. Suying Yang, Property Owner: • Said that the tree removed by the Martins was a healthy tree. Saratoga Planning Commission Minutes for January 10, 2007 Page 9 Mr. Paul Qian said that although they have tried their best it is not always possible to make neighbors happy. Commissioner Nagpal asked Mr. Paul Qian why he used concrete for the pathway when pervious materials were required. Mr. Paul Qian said that it is an error. Ms. Suying Yang said they made their best effort. Commissioner Nagpal asked if there has been any other excavation outside of the utility trench. Mr. Paul Qian replied no. Commissioner Nagpal asked if the recommendations from David Babby's letter were followed. Mr. Paul Qian replied yes. Commissioner Kundtz asked Mr. Paul Qian if he was aware of the condition in the original approval that called for the walkway materials to be pervious? Mr. Paul Qian replied yes. Commissioner Hlava asked if it is true that Mr. Paul Qian called the City to ask why it was necessary for the entire path to be pervious and got no return call? Mr. Paul Qian said that no one got back to him. Chair Rodgers asked Mr. Paul Qian if he spoke with his architect about the material change for the walkway? Mr. Paul Qian replied yes. Chair Rodgers asked if the architect was asked to change from pervious to impervious materials? Mr. Paul Qian said that the original drawing had a concrete walkway. Chair Rodgers asked if use of pervious materials was his understanding of the original approval. Mr. Paul Qian replied yes. Ms. Suying Yang: • Reminded that the original plan was for concrete on the side for the walkway. Saratoga Planning Commission Minutes for January 10, 2007 Page 10 • Added that this was a long project that took four years, starting in 2002. • Pointed out that three arborists have supported this Minor Modification to Approval Plans to put pervious material only near the oak tree. • Said that she hoped the Planning Commission would deny the appeal and allow the Minor Modification to Approved Plans. • Said that even the original arborist apologized that the condition was not clear. Chair Rodgers asked for an estimated cost to replace the entire walkway. Ms. Suying Yang said it would cost thousands. Commissioner Kundtz said that the issue here is that the condition approved in 2002 stated a requirement for a pervious walkway and that concrete was poured instead. He said that the Commission needs to figure out how to remedy that. Mr. Paul Qian reported that the concrete near the oak has already been removed. Ms. Yolanda Martin: • Said that she obtained a cost estimate to remove the concrete and replace with pervious materials and received an estimate of $3,200. • Read from the Tree Ordinance on the impacts on roots from trenching. • Said it is unclear whether Barrie Coate was even aware that trenching had occurred. • Pointed out that required fencing was not put up until 10 months after construction started and not for every tree. • Explained that the removed redwood tree was damaging her garage and had to be removed. • Said that her original calls to the City were to get the protective fencing installed and that she received no response. • Added that there is still no fence. Commissioner Kundtz asked Ms. Yolanda Martin if she obtained a permit for the removal of the redwood tree. Ms. Yolanda Martin replied yes, she received approval from Arborist Kate Bear. Commissioner Kundtz asked Ms. Yolanda Martin why that tree needed to be removed. Ms. Yolanda Martian explained that there were garage and driveway impacts and that it was starting to hit the foundation. She assured that she still has a cluster of redwoods in her front yard. Commissioner Zhao pointed out that with the provisions of the Minor Modification the oak tree should get healthier in the future. She asked if it is still Ms. Martin's desire to have the entire path be pervious materials. Saratoga Planning Commission Minutes for January 10, 2007 Page 11 Ms. Yolanda Martin explained that the whole path would ensure the health and survival of all trees. She added that she has to put in an entire new retaining wall and ivy to help protect the trees. Chair Rodgers asked City Attorney Jonathan Wittwer if Director John Livingstone had the authority to change this approval? City Attorney Jonathan Wittwer clarified that this was not a recorded condition. The change would make things better. It was a minor change. Therefore, Director John Livingstone was not precluded from approving this Minor Modification to Approved Plans. Chair Rodgers closed the public hearing for Agenda Item No. 2. Commissioner Hlava: • Questioned the language of the original condition. • Said that it appears that the language only required pervious materials for the walkway when it was near trees #6 and #7 and not for the entire walkway. • Added that one of the two trees is near the driveway, which is already a pervious material. Arborist Kate Bear described Tree #5 as an olive tree located near the driveway, Tree #6 is also an olive tree that is adjacent to the concrete walkway. Tree #7 is an oak around which the concrete walkway has already been removed. Commissioner Hlava: • Said that she is not sure that the City is totally blameless. • Said that the condition is ambiguous in the extreme. • Added that it appears that the condition only says that the walkway near the trees needs to be pervious. Commissioner Nagpal asked staff if the ratio of paving is correct with this Minor Modification to Approved Plans. Director John Livingstone assured that it was checked. Chair Rodgers said that the Commission is looking at this from the perspective of trees as the walkway as not on the plan correctly. Commissioner Hlava said that the Commission should look at this in terms of what is fair to everyone concerned. She added that it is important to look at the language of conditions carefully so that they are easy to understand. Commissioner Nagpal: • Said that this is a difficult decision. • Added that she was hoping that the Qians would have done pavers as they cost the same as concrete to install. • Stated that she depends a lot on arborist recommendations and that very well known arborists with exceptional qualifications have all said that these tree would be okay. Saratoga Planning Commission Minutes for January 10, 2007 Page 12 • Assured that trees are resilient Commissioner Hlava: • Agreed with Commissioner Nagpal that a lot of experts are saying that this Minor Modification deals with the issue. • Added that she also feels bad for Ms. Martin who has spent money and time to come here. Chair Rodgers said that she also feels bad but the Commission has no power to waive that fee. She added that the oak was leaning in 2002 and that olive trees are tough trees that often get transplanted and survive. Commissioner Hlava said that while she will deny Ms. Martin's appeal, she finds it difficult to ask Ms. Martin to pay this appeal fee and suggested asking Council to waive that fee. Commissioner Kundtz: • Said that he supports Ms. Martin's appeal and the reinstatement of the original findings as well as the reimbursement of her appeal fee. • Said that while he can understand that errors happen, it is difficult to have a third party adversely impacted. That needs to be remedied. Chair Rodgers asked how much of the concrete Commissioner Kundtz would expect to have removed? Commissioner Kundtz said the entire walkway. Chair Rodgers asked staff if the Commission could waive the appeal fee. City Attorney Jonathan Wittwer replied no. The Commission can recommend that Council consider refunding the fee to Ms. Martin. Commissioner Zhao: • Said that there have been lots of errors on both the City and homeowner's part. • Added that there are three reports saying that with the removal of a portion of the path the oak tree will survive. • Said that she will deny the appeal but support the recommendation to Council that Ms. Martin's appeal fee be refunded. Commissioner Nagpal: • Said that it is unfortunate when errors occur. • Added that she places importance on the recommendations made by technical experts and all have said that the trees would be fine. • Stated that she cannot support this appeal but can support the request to Council to refund the appeal fee. Chair Rodgers: • Agreed with Commissioner Nagpal. Saratoga Planning Commission Minutes for January 10, 2007 Page 13 • Said that there are three arborist reports from experts who have been trusted over the years. In each report, it is agreed that with the removal of one portion of the concrete walkway the oak will survive. • Said that mistakes have been made on both sides and that is regrettable. • Said that she too would like to recommend that Council waive the $250 filing fee. • Asked if any conditions here need to be made permanent? City Attorney Jonathan Wittwer replied no since this Design Review Approval pre -dated the requirement for recorded conditions of approval. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission DENIED an Appeal (Application #07 -205) UPHOLDING an Administrative Decision approving a Minor Modification of Approved Plans as granted by the Community Development Director as it pertains to a concrete walkway adjacent to trees on property located at 14261 Springer Avenue, with modified findings from the staff report, by the following roll call vote: AYES: Hlava, Nagpal, Rodgers and Zhao NOES: Kundtz ABSENT: Cappello ABSTAIN: None Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Kundtz, the Planning Commission forwarded a recommendation to Council to refund the $250 appeal fee paid by Ms. Yolanda Martin in regards to a concrete walkway adjacent to trees on property located at 14261 Springer Avenue, by the following roll call vote: AYES: Hlava, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Cappello ABSTAIN: None Chair Rodgers advised that this item could be appealed to Council within 15 calendar days. DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS Chair Rodgers: • Advised that the recruitment is underway for a new Planning Commissioner to fill the vacant seat. • Reminded that the General Plan will be back before the Commission at its next meeting on January 24, 2007. Saratoga Planning Commission Minutes for January 10, 2007 Page 14 Commissioner Hlava asked when the Commissioners would get their draft copy. Director John Livingstone replied that he would try to expedite that. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, Chair Rodgers adjourned the meeting at 9 p.m. to the next Regular Planning Commission meeting of January 24, 2007, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk Attachment 4 • • • RESOLUTION NO. 03-007 APPLICATION NO. 02 -121 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA QIAN/YANG: 14261 SPRINGER AVENUE WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review to construct a 2,824 square foot two story dwelling with a 1,349 square foot basement; and, WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and Whereas the project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures ", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single - family residences. The site is in an . urbanized area and is connected to utility and roadway infrastructure and involves construction of a single family structure; and WHEREAS, the applicant meets the burden of proof required to support said application for Design Review approval, and the following findings have been determined: Policy 1, Minimize the perception of bulk The proposed project upon revision will minimize the perception of bulk through use of natural materials and colors. The design will provide a varied roofline and fagade softened with different materials and textures creating horizontal proportions, which break up massing and minimize the perception of bulk. Policy 2, Integrate structures with the environment The plan conforms to the policy to integrate structures with the environment through use of natural earth tones with stucco /stone fagade and concrete tile roof. With attached garage, all structures are integrated into one building. • 0 Policy 3, Avoid interference with privacy 0 If revised to ensure the retention of trees on the north side of the property, the plan will retain the tree canopy along the northern property line and therefore avoid interference with privacy of the neighbor to the north. Policy 4, Preserve views and access to views The proposed home will impact the view of the neighbor north of the property to some extent. However, maintaining the existing trees along their shared property line will minimize the impact on views to a reasonable level. Policy 5, Design for maximum benefit of sun and wind The policy to design for energy efficiency is addressed by locating the main living areas of the home along the southeast elevation and locating the garage area along the north elevation. Retaining trees helps control winter and summer exposure to the sun. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application by Paul Qian and Suying Yang for Design Review approval is granted subject to a number of conditions. COMMUNITY DEVELOPMENT 1. Exhibit "A" date stamped February 5, 2002 shall be revised to reflect the conditions outlined in this report. 2. Prior to submittal for Building Permits, the following shall be submitted to the Planning Division staff in order to issue a Zoning Clearance. a. Four (4) sets of complete construction plans incorporating this Resolution and the Revised Arborist report and map received December 26, 2002 as a separate plan page and containing the following revisions: 3. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the RCE or LLS of record shall provide a written certification that all building setbacks are per the approved plans." 4. The design shall be revised to provide a six -foot basement wall setback on the south side of the property and an eight -foot basement wall setback on the north side of the property. 5. The design shall be revised to provide on -grade pier and beam construction as necessary, in the vicinity of the root system of tree #6. • o • 6. The elevation of the structure should be revised to provide the height as measured from the natural grade. 7. The base of the proposed home should have a stone foundation in order to visually anchor the structure and create a horizontal element to the facade. Elevations of the structure should be revised to reflect this change. 8. The proposed walkway around the structure should be on -grade pervious material in order to minimize the impact on adjacent trees. 9. The landscape plan shall be revised to comply with the arborist recommendation in terms of lawn area and compatible plantings. 10. Fireplaces: Only one wood - burning fireplace is permitted per dwelling unit 11. A grading and drainage plan signed and sealed by a registered engineer shall be submitted with the final construction documents and this plan shall be reviewed and approved by the City Arborist. 12. A geotechnical/soils report shall be reviewed by the City geotechnical consultant in order to approve the basement design. • 13. Soil and Erosion Control Plans - The applicant should submit a soil and erosion control plan which identifies the techniques for minimizing the impact of disturbance on adjacent properties. 14. The front facade windows should project a unified design element. The circular window should be modified to reflect the design of the three adjacent windows. 15. A Certified Arborist shall be present during the excavation of the basement for tree #7 to assure that necessary measures for preserving this tree are carved out during this process. This arborist shall document the process and forward a letter to staff verifying compliance with the necessary protection measures. FIRE PROTECTION DISTRICT The Saratoga Fire District reviewed this application on June 28, 2002 and made the following comments. 1. Water supply and access for fire protection are acceptable. 2. The property is in a designated hazardous fire area. • 3. Roof covering shall be fire retardant, Uniform Building Code Class A prepared or built up roofing. 4. Early Warning fire alarm system shall be installed and maintained in accordance with the provisions, City of Saratoga Code Article 16 -60. (Alternative requirements, sprinkler systems, 16 -60 -E) 5. Early warning fire alarm system shall have documentation relative to the proposed installation and shall be submitted to the fire district for approval. 6. Automatic sprinklers shall be installed in newly constructed attached/detached garages (2 heads per stall), workshops, or storage areas, which are not constructed as habitable space. To ensure proper sprinkler operation, the garage shall have a smooth, flat horizontal ceiling. The designer /architect is to contact San Jose Water Company to determine the size of service and meter needed to meet fire suppression and domestic requirements. CITY ARBORIST REPORT The City Arborist reviewed this plan and the report was received on December 26, 2002. The recommendations of the arborist are hereby made a condition of approval and incorporated into the revised plan. The main areas of concern are as follows. 1. The north wall of the basement will interfere with the root system of trees #7 and #6. The face cut of the soil for the basement construction must be a minimum of seven feet from the trunk of both trees measured from the base of the tree on the south side of the trunk. 2. The walkway proposed adjacent trees #6 and #7 is only feasible if it is installed completely on top of the existing grade without a soil cut and if the surface material is a pervious material. 3. A small retaining wall is located on the north side of trees #1 and #2. In order to preserve Trees #1 and #2 a detailed design should be provided to address how this change in grade is to be addressed. 4. The demolition and removal of the deck adjacent tree #8 should be done by hand. 5. The demolition and removal of the existing detached bedroom and the existing detached garage should be done without heavy equipment being operated inside the driplines of trees #8 through #11. 6. The landscape plan should be revised to include the following: a. A main irrigation line must be installed against the footing of the building at the time that the footing is backfilled. After the building foundation is constructed it will not be feasible to trench for a new irrigation line (or for any other purpose) without severe root damage to trees #1,2,5,6 and 7. 4 0 E b. Lawn must be a minimum of 12 feet from the trunks of trees #9 and #10 and a minimum of 8 feet from the trunks of trees #1 and #2. c. Plants planted inside the dripline of oak trees #1,2,7,9 and 10 must be compatible with the environmental and cultural requirements of the oak species. d. Irrigation inside the driplines of oak trees must be a drip type only. e. Sprinkler irrigation must not be designed to strike the trunk of any tree on the site. f. Landscape irrigation trenches, inside the driplines of trees must be no closer than 15 times the trunk diameter, if the trenching direction is across the root zone. However radial trenches may be done closer if the trenches reach no closer than 5 times the trunk diameter and if the spokes are at least 10 feet apart at the perimeter. g. Landscape hardscape must be done completely on grade without excavation and without severing of roots. 7. The combined value of the trees is estimated to be $32,694. A bond equal to 50% of the value of the trees or $16,347 should be retained to assure their protection. 8. Construction period fencing must be provided and located as noted on the map, which accompanies the report. Fencing must be of chain link, a minimum height of 5 feet mounted on steel posts driven 2 feet into the ground. The fence must be in place immediately following demolition. The protection fencing must not be temporarily moved during construction. Fencing must be located exactly as shown on the attached map. 9. Excavated soil must not be piled or dumped under the canopies of trees. Soils excavated from the basement must be removed from the site as it is excavated. 10. Any pruning must be done be an International Society of Arboriculture certified arborist and according to ISA Western Chapter Standards. 11. An ISA certified arborist should be required as the "Project Arborist" to be on site to supervise the demolition of the structures, including the existing driveway. 12. A pre - construction meeting shall be required prior to the demolition of the existing structures. The Project Arborist shall attend and shall give instructions to the contractors on how to prevent significant damage to trees # 6 -11. CITY ATTORNEY . 1. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, 5 • 0 challenging the City's action with respect to the applicant's project. 2. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 12 t day of February 2003 by the following roll call vote: AYES: GARAKANI, HUNTER, JACKMAN, ROUPE AND ZUTSHI NAYS: NONE ABSENT: BARRY AND KURASCH ABSTAIN: NONE ATTEST: SecretTary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date 6 SARATOGA CITY COUNCIL MEETING DATE: February 21, 2007 AGENDA ITEM: ORIGINATING DEPT: Admin Services CITY MANAGER: Dave Anderson PREPARED BY: S. Sato and M. Furey DEPT HEAD: Mary Furey SUBJECT: Purchasing Ordinance Update RECOMMENDED ACTION Conduct public hearing and introduce and waive first reading of ordinance regarding purchasing system and direct staff to place ordinance on consent calendar for final adoption. REPORT SUMMARY The City's Purchasing Ordinance was last updated in 2000. Since that time, standard "best practices" for local governments have changed. In addition, the City Council has also adopted various purchasing policies from time to time. In some cases provisions of the policies and the ordinance do not conform. To avoid further confusion, staff is requesting Council adopt the attached ordinance that would bring the current ordinance up to date with respect to standard practices and repeal all previously adopted purchasing policies, and procedures. The proposed ordinance would establish a $25,000 threshold requirement for formal Council approval, and requires staff to establish administrative purchasing policy procedures. The current ordinance requires Council approval for supply and service purchases over $10,000 (with an exception for emergency situations), and specifies outdated operational procedures under the Council limit. The current ordinance threshold limit greatly restricts staffs operational abilities and efficiencies as projects and regular ongoing maintenance operations are delayed until a staff report is prepared and presented to the Council for approval, or minor purchases are delayed until purchase orders are processed. The low threshold limit also contributes to increased and unnecessary administrative and Council review time. Attached to this report is a recent survey of nearby local agency approval thresholds. The survey illustrates that the approval limits for bidding and obtaining council approval is lower in Saratoga than in other nearby cities. The proposed ordinance amending the current Purchasing Ordinance is also attached, showing the sections staff is suggesting be revised. The proposed ordinance was reviewed by the City Attorney prior to submittal to the Council. The changes and deletions to the ordinance are marked to identify all proposed changes. FISCAL IMPACTS The approval of the revised ordinance would result in moderate savings to the City as a result of improved efficiencies. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City will continue to have conflicting direction between the existing purchasing ordinance and the purchasing policies previously adopted by the City Council, and operations will continue to be impacted. ALTERNATIVE ACTION (S): Take no action. FOLLOW UP ACTION Staff will present this item to the City Council for a second reading of the proposed ordinance at the next meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT Notice for this meeting. ATTACHMENTS Proposed revisions to the current adopted purchasing ordinance Purchasing survey of local city agencies Current adopted purchasing policy ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING THE CITY PURCHASING SYSTEM 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 City Code's provisions concerning the City's purchasing system include various restrictions and limitations that are inconsistent with current best management practices for public agencies. B. In order to enhance the City's ability to promptly and effectively provide municipal services the City Council hereby amends the City Code as provided in section 2, below, and repeals all prior purchasing policies and procedures previously adopted by the City Council as provided in section 3, below. Section 2. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double - underlined font (e.g., bold double - underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font remains unchanged by this ordinance. Ellipsis ( "* * * ") indicate existing text within a section of the section being amended that is not reprinted in this ordinance and that is not amended by this ordinance. A. Section 2- 45.020 of the Saratoga City Code is amended to read as follows: 2- 45.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Brand name means a product, item or material described by reference to its manufacturer's name or catalogue number. (b) Brand name or equal specification means a contract or purchase order specification containing a brand name to describe the nature, standard of quality, performance, and other characteristics needed to meet the City's requirements, and which provides for the submission of equivalent Page 1 of 10 products. (c) Cost, as applied to a single transaction for the purchase of supplies or services, means the total amount to be expended by the City, exclusive of sales or use taxes. (d) Supplies means and includes all materials, supplies, equipment, products, and other items of tangible personal property. (e) Services means and includes labor, professional services and consulting services. Services shall not include incidental labor such as set -up, testing, and maintenance of supplies where the primary purpose is to purchase the supplies. (f) Purchasing Agent means any person authorized by the Purcha in Officer to seek formal or informal bids for the sale of goodS or services to the City. B. Section 2- 45.030 of the Saratoga City Code is amended to read as follows: 2- 45.030 Exclusions from Article. The provisions of this Article shall not apply to any of the following: (a) The award of contracts for public projects governed by the provisions of the State Public Contract Code or the provisions of the City's informal bidding ordinance, as contained in Chapter 12, Article 12 -15 of this Code. (b) The award of contracts governed by any State or Federal law which prescribes a different procedure. (c) The granting by the City of franchises, rights, privileges, licenses or permits, including, but not limited to, a cable television franchise granted pursuant to Chapter 4, Article 4 -25 of this Code, a garbage collection franchise granted pursuant to Chapter 7, Article 7 -05 of this Code, or a franchise for installation of facilities granted pursuant to Chapter 10, Article 10 -25 of this Code. (d) The purchase of utilities, including, but not limited to, electricity, water, gas, or telephone service. (e) Employment contracts or collective bargaining agreements with any employees of the City and contracts for scrvices to temporarily fill a budgeted position or perform temporary work when the need for temporary! arise . (f) The purchase of insurance, including coverage provided by any self insurance pool in which the City is a participant. (g) The extension or renewal of any existing contract for technical or professional services to be performed by consultants, unless the City Council elects to award a new contract pursuant to this Article. (h) Contracts for technical or professional services to be performed by consultants, where the cost thereof will be paid in advance by a person applying to the City for a permit, license or other approval. Page 2 of 10 (i) Contracts for educational, recreational, travel or entertainment services furnished by independent contractors or consultants, where the total cost thereof is paid by the persons utilizing the services. 0) Contracts for supplies or services to be furnished by any other public agency. (k) The purchase of supplies or services made in compliance with the terms and conditions of any grant, gift or bequest to the City that is otherwise consistent with law. C. Section 2- 45.040 of the Saratoga City Code is amended to read as follows: 2- 45.040 Centralized purchasing system; Purchasing Officer. (a) Except as otherwise provided by this Article, all purchases of supplies and services shall be centralized under the Purchasing Officer. (b) The City Manager is hereby appointed as the Purchasing Officer for the City, and as such shall have authority to: (1) Procure or supervise the procurement of all supplies and services needed by the City, in accordance with the procedures prescribed in this Article and any administrative fines and regulations policies and procedures as may be adopted by the Purchasing Officer pursuant hereto. (2) Exercise direct supervision over the City central stores and general supervision over all other inventories of supplies belonging to the City. (3) Establish or supervise the establishment of specifications for supplies and services required by the City. (4) Inspect or supervise the inspection of all supplies purchased by the City to insure quality, quantity and conformance with the specifications therefor. (5) Prepare and adopt administrative rv'°° and regelations policies and procedures not in conflict with the provisions of this Article for the purpose of implementing the purchasing system established hereunder. (6) Sell, trade or otherwise dispose of surplus supplies, in accordance with the provisions of this Article. (c) The Purchasing Officer may authorize any department head to investigate, solicit bids, or negotiate the purchase or award of contracts for services or supplies independently of the centralized purchasing system, provided that all such actions shall be done in conformity with the procedures prescribed by this Article or by duly adopted administrative reles and regulations policies and procedures pertaining thereto. D. Section 2- 45.050 of the Saratoga City Code is amended to read as follows: 2- 45.050 Purchase orders. Page 3 of 10 Th .e Purc 1 • E. Section 2- 45.060 of the Saratoga City Code is amended to read as follows: 2- 45.060 Availability of funds. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order for supplies or services unless there exists s f cien an unencumbered appropriations- in the fund account against which such purchase is to be charged. The e YY : t o f a II be «•.Y« eneumbered immediately after the i%qiwanee, Af the purehase a F. Section 2- 45.070 of the Saratoga City Code is amended to read as follows: 2- 45.070 Authorization for purchase orders and contracts; emergencies. (a) The Purchasing Officer is hereby authorized to issue purchase orders and award contracts for supplies or services where the cost thereof does not exceed ten - twenty -five thousand dollars. (b) Contracts or purchase orders for supplies or services involving a cost in excess of ten - twenty-five thousand dollars must be approved or awarded by the City Council. (c) Notwithstanding subsections (a) and (b) of this Section or any other provision of this Article, the Purchasing Officer may purchase supplies or services having a cost in excess of ten-twenty -five thousand dollars in the event of emergency requiring the immediate preservation of the public peace, health or safety, and precluding action by the City Council. In such instances, the Purchasing Officer shall submit to the City Council at its next succeeding meeting a written report describing the circumstances of the emergency, the supplies or services purchased, and the cost thereof. G. Section 2- 45.080 of the Saratoga City Code is deleted in its entirety: Page 4 of 10 H. Section 2- 45.100 of the Saratoga City Code is deleted in its entirety: I. Section 2- 45.110 of the Saratoga City Code is amended to read as follows: 2- 45.110 Open market purchases. -(a)-Purchases of supplies or services having a cost of twenty -five thousand dollars or less F�`a a„„?.!� hia jpqg th thousand do may be made in the open market without informal eempetitive bidding procedures, —__ „ .................y cxc.hcx the zzxrcixcoorrig Offee or !he City Co eil provided in Seetion 2 nc non chi as- (b) Open market Y ^w^ ^ involving of five hundred a ll shallT-,�N-Whenever possible, be bas on practicable at least three informal price quotations will be obtained and purchases shall be awarded on the basis of the price quotation most advantageous to the City. The Purchasing Offlee Purchasing Agents may solicit price quotations either orally or in writing, or may utilize price information on file with the City or available elsewhere. The Purchasing Officer shall establish policies and procedures for seeking informal bids J. Section 2- 45.120 of the Saratoga City Code is amended to read as follows: 2- 45.120 Competitive bidding; exceptions. (a) Except as otherwise provided in subsection (b) of this Section, all purchases of supplies or services involving a cost of exceeding twenty -rive thousand dollars or shall be made by contract awarded pursuant to the formal competitive bidding procedure set forth in Section 2- 45.130. Page 5 of 10 PW H. Section 2- 45.100 of the Saratoga City Code is deleted in its entirety: I. Section 2- 45.110 of the Saratoga City Code is amended to read as follows: 2- 45.110 Open market purchases. -(a)-Purchases of supplies or services having a cost of twenty -five thousand dollars or less F�`a a„„?.!� hia jpqg th thousand do may be made in the open market without informal eempetitive bidding procedures, —__ „ .................y cxc.hcx the zzxrcixcoorrig Offee or !he City Co eil provided in Seetion 2 nc non chi as- (b) Open market Y ^w^ ^ involving of five hundred a ll shallT-,�N-Whenever possible, be bas on practicable at least three informal price quotations will be obtained and purchases shall be awarded on the basis of the price quotation most advantageous to the City. The Purchasing Offlee Purchasing Agents may solicit price quotations either orally or in writing, or may utilize price information on file with the City or available elsewhere. The Purchasing Officer shall establish policies and procedures for seeking informal bids J. Section 2- 45.120 of the Saratoga City Code is amended to read as follows: 2- 45.120 Competitive bidding; exceptions. (a) Except as otherwise provided in subsection (b) of this Section, all purchases of supplies or services involving a cost of exceeding twenty -rive thousand dollars or shall be made by contract awarded pursuant to the formal competitive bidding procedure set forth in Section 2- 45.130. Page 5 of 10 (b) A contract for the purchase of supplies or services involving a cost of c in twenty -five thousand dollars or fiere may be awarded by the City Council without competitive bidding in each of the following cases: (1) Where the City Council determines that the immediate preservation of the public peace, health or safety requires the purchase to be made without competitive bids. (2) Where the supply or service required by the City can only be obtained from a single source. (3) Where the contract is for specialized or professional services such as, but not limited to, services rendered by architects, engineers, auditors, attorneys, appraisers, geologists, and other specialized consultants. (4) Where the City Council determines that use of the competitive bidding process is impracticable or impossible, or would not be likely to result in a lower price to the City from a responsible bidder, or would cause unnecessary expense or delay under the circumstances. (5) Where the City makes use of the GSA Schedule or makes use of another government's purchasing agreements or hid nriec& in lien of competitive bids, if the City Council determines that the other city or public agency's purchasing agreements or bid prices are established under similar competitive bidding procedures yM Where the City Council utilizes the request for proposal method of purchase, as set forth in Section 2- 45.140 of this Article. K. Section 2- 45.130 of the Saratoga City Code is amended to read as follows: 2- 45.130 Formal bidding procedure. Where formal competitive bidding is required, the following procedure shall be followed: (a) NotieedTBid Requests. Notiees inviting bids -Bid requests shall include a general description of the supplies or services to be purchased; an =11 the place where bid fafms and specifications can be obtained., bond will be required, and Whethff a perfermanee bond will be required. The notiet-, shall be published at least onee, not less than ten days prior to circulation in the City, an shall be posted at location used for the posting Purchasing Officef to any additional persons. The Purchasing Officer • may also post the notice on i' and any other websites D-Oh—catib—ns. as aiDDmoriate, Page 6 of 10 bias shall be aceomnan; a J - b•aa •t the r P'AshiRrS leAer of eredii, payable at sight to the City, or a surety bond in fal'Rr Of thA City, in such amount as r determined by the Purehasing Offieer to-be adequate F ,.toed: of !he Git_'s Bidders shall Feturn of theif! bid J Y «o e a suceessfid! bidder shall forfeit his bid seeurity upen failure of refusal to exeeute a eentraet within ten days aftef��� the ae!EF The Cit y Co •1 failure refusal may, bidder to exeeute the eofitraet, award it to the next lowest Fespensible bidder, in which event, the lowest biddef's seeurity shall be appliediby4he City first to the differenee beiween the 1 bid and the seeond lowest bidthen toward her e-o-sts, expeftses of damages inetiffed by , ..hall be retufnea to the lowest bidder. (e -b) Bid Review opening proeedure. Seale"JUids shall be submitted in ri in to authorized Purchasing Agents in the manner specified by the Purchasing Officer and shall " be identified as bide on the envelope. Bids received after the deadline F 1. 'tt' the s shall be a no! and shall be «etufnea to the bidder unopened. The bid shall be opened ' nnhlie at the fi a r e 1. stated in the bl t All epened bids y shall be available for public inspection during regular business hours from the commencement of bid review time of bring until the contract has been awarded by the City Council. (d c) Rejection of bids. If, in the opinion of the City Council, none of the bids is are satisfactory, the Council may reject all bids and either purchase the supplies or services in the open market or readvertise for new bids. (e d) Award of contract. Except as otherwise provided herein, a contract shall be awarded to the lowest responsible bidder, taking into consideration the criteria listed in Section 2- 45.090 of this Article. (€ e)Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if a delay for readvertisement would not be in the public interest, the City Council may accept the bid it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening. (g t) Performance bond. The City Council may require that a performance bond be furnished before entering into a contract with a successful bidder. The form and amount of such bond shall be satisfactory to the Purchasing Officer and in compliance with the contract specifications. (h g) Waiver of irregularities. The City Council may waive any minor irregularities in the bids, based upon a determination that the same have no material impact upon the bidding process or other bids submitted. (i h) No bids. If no bids are received in response to the notice inviting bids, Page 7 of 10 the City Council may proceed to purchase the supplies or services without further competitive bidding. L. Section 2- 45.140 of the Saratoga City Code is amended to read as follows: 2- 45.140 Request for proposals proposals. (a) In lieu of formal bidding, the The City Council may utilize the request for proposal method of purchasing supplies or services upon a determination that competitive bidding is not practical or advantageous to the City because: (1) Quality, capability, performance or qualification is overriding in relation to price; or (2) Delivery, installation, service, maintenance, reliability or replacement is overriding in relation to price; or (3) In the opinion of the City Council, the marketplace will respond better to a solicitation permitting a range of alternative proposals or evaluation and discussion of proposals before entering the contract. (b) Proposals shall be solicited in sueh manner as direeted or approved by the City r,...neil. The identity of persons responding to the requester proposals Request for Proposals and the content of proposals submitted to the City may be kept confidential during the process of negotiation and until a contract is awarded. (c) The format and procedures for Requests for Pronosalc chall be_ established by the Purchasing Officer. The t F...1. a n ll aeoepted. (d) The contract award shall be based upon the proposal determined by the City Council to be most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for proposals. (e) The City Council may reject any and all proposals if such rejection is deemed to be in the best interests of the City. The Council may thereupon direct that proposals be solicited or utilize any other purchasing method set forth in this Article. M. Section 2- 45.160 of the Saratoga City Code is amended to read as follows: 2- 45.160 Joint purchase with other agencies. Notwithstanding any other provision of this Article, the Purchasing Officer may issue a joint purchase order together with any other city, county, or public agency in State for the purchase of supplies or services, provided Page 8 of 10 the specifications for such supplies or services have been approved by the Purchasing Officer if the cost thereof is less than upAQ twenty-five thousand dollars, or by the City Council if the cost thereof is exceeds twenty -five thousand dollars or xiore, and provided further that the Purchasing Officer or City Coungil, as APPlicable, defermin e that at least one of the other agencies has solicited or advertised for bids in a manner similar to the applicable procedures set forth in this Article. N. Section 2- 45.170 of the Saratoga City Code is amended to read as follows: 2- 45.170 Disposal of personal property. The Purchasing Officer shall have authority to dispose of personal property of the City which cannot be used by any department or has become obsolete or worn out. The disposition may be accomplished by negotiated sale, public auction, exchange or trade in for other supplies or, upon a determination by the Purchasing Officer that the property has no commercial value, by abandonment, destruction or donation to a public body or a nonprofit charitable or civic organization. The disposition of any property having a value of two five thousand dollars or more shall first be authorized by the City Council. Section 3. Repeal of Prior Policies and Resolutions. All resolutions and policies of the City Council concerning City purchasing procedures are hereby repealed in their entirety. Section 4. 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 5. 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 Page 9 of 10 days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 21st day of February, 2007, and was adopted by the following vote following a second reading on the 7th day of March, 2007: AYES: NOES: ABSENT: 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 10 of 10 Purchase Amounts Bid Required / # of Bids Required Document Type Approval Purchasing Policy Comparisons $04500 $500- SI0,000 >$10,000 No /0 Informal /3 Formal /3 Invoice and Backup PO and Contract @$10,000+ PO and Contract Purchasing Officer Purchasing Officer Council Attachment 2 Cky Offal :. , Purchase T e: Su lies and E ui mart Purchase T e: Materials and Supplies Nan - Public Pro'ects $25,0004100,000 '$100,000 Purchase Amounts Purchase Amounts <$200 $20151,500 $1,501 - $25,000 >25,000 Bid Required /# of Bids Required No 10 No 10 Informal /3 PO and Short Form Contract Document Type RVPO PO PO and Short form contract Formal /3 PO and Contract Approval Dept Supervisor /Finace Dept City Manager City Manager Council Purchase T :Materials and Su lies Public Pro'ects Formal / 3 Document Type Contract Purchase Amounts $25,000 - $100,000 >100,000 Approval Dept Head Dept. Head/PW Director Bid Required / # of Bids Required Informal / 3 Formal / 3 Document Type PO and Short Form Contract PO and Contract Approval PW Director /City Manager Council Purchase T e: Consultants Purchase Amounts <$15,000 >$15,000 Bid Required /# of Bids Required Not specified Bids required, type not specified Document Type Not specified Contract Approval Not specified Council Purchase T e: General Supplies and General Services Purchase T e: Su lies and E ui mart $2,000425,000 $25,0004100,000 '$100,000 Purchase Amounts <$1,000 $1,000 - $25,000 >25000 Bid Required / # of Bids Required No / 0 Informal / not specified Formal / 3 Document Type PO PO and Short Form Contract Written Contract Approval Not Specified Not Specified City Council Purchase T e: General Supplies and General Services Purchase Amounts <$2,000 $2,000425,000 $25,0004100,000 '$100,000 Bid Required /# of Bids Required No /0 No /0 Informal or RFP Formal /3 Document Type Invoice and Backup PO PO PO and Contract Approval Dept Employeer Dept. Supervisor Dept. Head Council Purchase Type: Construction Contracts & Proffessional Services Purchase Amounts <$25,000 $25,000 - $100,000 '$10'000 Bid Required / # of Bids Required No / 0 Informal Formal / 3 Document Type Contract Contract PO and Contract Approval Dept Head Dept. Head/PW Director Council /CM E Attachment 2 . %sssipf ioni Gamms . Purchase Type: Supplies and Services for most Capital Improvements Purchase T e: General not includin ublic ro'ects or other construction contracts Purchase Amounts <$1,000 $1,000- $25,000 $25,000.$75,000 >$75,000 Bid Required / # of Bids Required No / 0 Negotiated Bids Informal Invoice and Backup Document Type Invoice & Back up PO and Short Form Contract PO and Short Form Contract Formal PO and Contract Approval Dept Head Town Manager Council Council Purchase Tyne, All Other Supplies d Services Approval Not Specified Finance Director Purchase Amounts <S5,000 $51000 4151000 $15,000- $25,000 >$259000 Bid Required /# of Bids Required No /0 Informal /3 Formal No /0 Document Type PO if necessary PO Formal Not specified Not specified PO PO Approval Dept Head Town Manager Town Manager Council Purchase Type, Vehicles • Require Formal Bid, PO and Council Report and Approval Approval No council approval GsydfNptgkir' . Purchase T e: General not includin ublic ro'ects or other construction contracts PurchaseAmounts Bid Required / At of Bids Required $500.$2,500 Informal / 3 $2,500- $10,000 Written bids / 3 $10,000 - $25,000 Formal > $25,000 Formal Document Type Invoice and Backup PO PO PO Approval Dept Supervisor City Manager City Manager Council Purchaser e: Consultant Services Approval Not Specified Finance Director Finance Director Purchase Amounts <$25,000 >$25,000 Bid Required /# of Bids Required No /0 No /0 >$50,000 Document Type Not specified Not specified Not Specified Approval City Manager Council Not Specified 2 Purchase T e: Su plies and Services Purchase Amounts <5500 $500- $5,000 $5,001- $50,000 >$50,001 Bid Required / # of Bids Required No / 0 Informal / 3 Formal Formal Document Type PO PO PO PO Approval Not Specified Finance Director Finance Director Council Purchaser e: Consultant Services Purchase Amounts <$50,000 >$50,000 Bid Required / # of Bids Required Not Specified Not Specified Document Type Not Specified Not Specified Approval No council approval Council Purchaser : Public Pro'ects Purchase Amounts <$30,000 $30,000.$125,000 >$125,000 Bid Required / # of Bids Required force Acc or Negotiated contract Informal Formal Document Type PO Not Specified Contract Approval Not Specified Not Specified Not Specified 2 Attachment 2 Purchaser e: Gener 1 Purchase Amounts Purchase T e: General $045,000 $1,000410,000 $10,001 - 525,000 >$25,000 Purchase Amounts Bid Required / is of Bids Required Document Type Approval <$1,000 Informal where possible PO Not Specified $1,00045,000 Informal / 2 PO Not Specified 55,0110- $25,000 Informal / 3 PO Not Specified >$25,000 Formal PO and Contract Not Specified Purchaser e: Gener 1 Purchase Amounts Purchase Amounts $045,000 $1,000410,000 $10,001 - 525,000 >$25,000 Bid Required /# of Bids Required No /0 Informal Verbal /3 Informal written /3 Formal /3 Document Type Not Specified Not Specified Not Specified Not Specified Approval Area Superintendents Department Manager General Manager Board Purchaser : ProBessional Services >550,000 Federal /State Fund Bid Required / # of Bids Required Informal written / 3 Purchase Amounts $1,000410,000 $10,000.$25,000 >S25,000 Contract Bid Required / is of Bids Required Informal verbal or written / 3 Informal written Proposals / 3 RFP Process / 3 Not Specified Document Type PO PO and Agreement PO and Agreement Approval Department Manager General Manager Board Purchase Tvioe : General Goods and Services Purchase Amounts <S5,000 (one transaction) <S50.000 (one Transaction) >$50,000 (one Transaction) Bid Required / # of Bids Required Verbal if needed / 0 Informal Written / 3 Formal written/ 3 Document Type Not Specified Not Specified Contract Approval Not Specified Not $ Specified P Not Specified Purchase T e: Public Works Contractin Purchase Amounts <550,000 >550,000 Federal /State Fund Bid Required / # of Bids Required Informal written / 3 Formal Written Accordance with state law Document Type Not Specified Contract Not Specified Approval Not Specified Not Specified Not Specified 3 SARATOGA CITY COUNCIL MEETING DATE: February 21, 2007 AGENDA ITEM: S ORIGINATING DEPT: City Manager's Office CITY MANAGER: e_-� PREPARED BY: DEPT HEAD: SUBJECT: Request to form a Saratoga Area Senior Coordinating Council (SASCC) City Council Adboc Committee RECOMMENDED ACTION: Accept report and appoint two Councilmembers to the SASCC Adhoc Committee REPORT SUMMARY: As a result of the joint meeting that was held on February 7, 2007 with SASCC, the Mayor has requested the Council form a SASCC Adhoc Committee. This Committee would meet with City staff, the Executive Director of the Senior Center, and the President of SASCC to negotiate a new lease /use agreement for the next fiscal year. 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: None