The URL can be used to link to this page

Home My WebLink About07-20-2004 City Council Agenda PacketARCHIVE COPY CITY OF SARATO.._ _ CITY COUNCIL ~~.- SITE VISIT TUESDAY, JULY 20, 2004 3:00 P.M. SITE VISITS WILL BE MADE TO THE FOLLOWING ITEM ON THE CITY COUNCIL AGENDA FOR JULY 21, 2004 ON JULY 20, 2004 City Council Site Visit - 3: 00 P.M. City Hall - 13777 Fruitvale Avenue Transportation Provided Roll Call Report Of Posting Agenda (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on July 14, 2004) Agenda 1) COMER DEBRIS BASIN -located at Comer and Calabazas Creek 2) BLt1NEY PLAZA -located on Highway 9 and Big Basin Way The City Council conducts site visits to properties which are new items on the City Council agenda. The site visits are held on Tuesday preceding the Wednesday hearing between 3 :00 p.m. - 5:00 p.m. Site visits only occur when there is an appeal scheduled before the City Council. It is not necessary for the applicant to be present, but you are invited to join the Council at the site visit to answer any questions which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. Please contact staff Tuesday morning for an estimated time of the site visit. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL JULY 21, 2004 OPEN SESSION - 5:30 P.M. JOINT MEETING WITH SARATOGA CHAMBER OF COMMERCE CLOSED SESSION-6:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER Conference With Leeal Counsel -Existing Litigation (Gov't Code Section 54956.9(c): (1 case) -Thompson Pacific Construction v. City of Sazatoga (Santa Claza County Superior Court Action No. 104 CV021639) Conference With Labor NeQOtiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Public Employee Performance Evaluation (Gov't Code 54957) Title: City Attorney REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on July 15, 2004) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aeendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions The City Council will receive reports from the Boards and Commissions listed below and may provide direction regarding matters to be considered by those Boards and Commissions. Recommendations from Boards and Commissions requiring City Council approval are considered as independent agenda items. Report from the Sazatoga Chamber of Commerce. Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions an current Oral Communications. ANNOUNCEMENTS Tonight's meeting is being dedicated in memory of Andrew Bedazd, a third grader who attended Saratoga Elementary School. Andrew unexpectedly passed away approximately 2 weeks ago. There are four vacancies available on the Library Commission to fill expired terms. Applications and information regazding these vacancies aze available on the City `s website at www.saratoga.ca.us or by contacting the City Clerk's Office. Deadline to file is September 9, 2004. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None 2 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. lA. Review of Check Register Recommended action: Approve check register. 1B. Acceptance Quitclaim of Real Property from Santa Clara Valley Water District to the City of Saratoga Recommended action: Adopt Resolution accepting Quitclaim of Real Property from Santa Clara Valley Water District to the City of Saratoga. 1C. Building Site Approval for One Lot Located at 22122 Mt. Eden Road. Owner: Horvath Recommended action: Move to adopt resolution No. BSA-02-062 granting the building site approval of application No.BSA-02-062 for one lot located at 22122 Mt. Eden Road. 1D. Kevin Moran Park Improvement Project -Consultant Selection Recommended action: Select MPA Design as the consultant; Authorize City Manager to enter into a Professional Service Agreement in the amount of $40,750.00; Adopt resolution amending FY 04-04 Budget. lE. Request to Change Arts Commission Meeting Time Recommended action: Adopt resolution approving the change in meeting time. 1F. Property Tax Levy to Service the Debt on the Library Bond Recommended action: Adopt resolution approving the increase in property taxes. PUBLIC HEARINGS 2. 2004 Hazardous Vegetation Management Program -Assessment Report Recommended action: Open public hearing; close public hearing; adopt resolution OLD BUSINESS 3. Comer Debris Sedimentation Removal Project Update Recommended action: Accept report and provide direction to the Santa Clara Valley Water District regazding the Comer Bridge Sedimentation Removal project. 4. VTA Operator's Facility -Award of Construction Contract Recommended action/s: 1. Adopt resolution amending the annual budget of the City of Saratoga for FY2004-OS to provide financing for the VTA Operator's Facility. 2. Adopt resolution to declare George Bianchi Construction, Inc. to be the lowest responsible bidder on the project; to award a construction contract for VTA Operator's Facility to George Bianchi Construction, Inc. in the amount of $221,148 and authorize the City Manager to execute the same; and to authorize staff to execute change orders to the construction contract, and for other miscellaneous work associated with the project up to $15,026. 5. Design Services for Blaney Plaza Improvements -Phase I Recommended action: Approve professional services proposal from Greg Ing and Associates in the amount of $9,500 for development of design plans for Blaney Plaza; Authorize staff to execute Professional Services Agreement with Greg Ing and Associates; Authorize staff to expend up to $7,500 for surveying and miscellaneous costs associated with the project. 6. Re-evaluation of Commission Recognition Event Recommended action: Accept report and direct staff accordingly. NEW BUSINESS 7. Report on Utility User Tax Ordinance and Advisory Ballot Measure Regazding Use of Utility User Tax Revenues Recommended action: Accept report and provide direction to staff regazding text of ordinance and advisory measure for formal consideration by Council on August 4, 2004 8. Report on Emergency Preparedness Committee Recommended action: Accept report. 9. Designation of Voting Delegate for 2004 League of California Cities Annual Conference Recommended action: Select voting delegate for 2004 Annual Conference. 4 AGENCY ASSIGNMENTS Mavor Ann Waltonsmith Hakone Foundation Liaison Santa Claza County Cities Association Saratoga Historic Foundation Sister City Liaison Vice Mavor Kathleen King Chamber of Commerce County Cities Association Legislative Task Force SASCC Liaison Councilmember Stan Bo~osian County HCD Policy Cornmittee Emergency Planning Council KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Boazd Councihnember Norman Kline Association of Bay Area Government Library Joint Powers Association Peninsula Division, League of California Cities SBDC (Unofficial) Valley Transportation Authority PAC Councilmember Nick Streit Santa Claza County Valley Water Commission West Valley Solid Waste Joint Powers Association West Valley Sanitation District CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT 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 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the Ciry 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 Ciry of Saratoga was posted on July I5, 2004 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 wwwsaratoQa.ca.us Signed this IS`h day of July 2004 at Saratoga, California. e=~~ Ann Sullivan, Deputy City Clerk CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 8/4 Regular Meeting 8/18 Summer Recess - No meeting 9/1 Regular Meeting -Joint Meeting with Villa Montalvo Board 9/15 Regular Meeting 10/6 Regulaz Meeting 10/20 Regular Meeting 11/3 Regular Meeting 11/17 Regular Meeting 12/1 Regular Meeting 12/15 Regulaz Meeting -Council Reorganization 6 SARATOGA CITY COUNCIL MEETING DATE: July 21 2004 AGENDA ITEM: i~ ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED BY: Karen Caselli DEPT HEAD: SUBJECT: Check Register: 7/15/04 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund# Fund Name Date Manual vola r; ota~ I 7/15/2004 Checks Checks AP CHECKS A96910-97026 001 GENERAL 99,860.27 16,911.05 100 COPS-SLESF 110 Traffic Safety 10,231.25 150 Streets & Roads 8,592.61 180 LLA Districts 5,633.38 250 Dev Services 21,360.42 260 Environmental 139.69 270 Housing & Comm 2g0 Recreation 21,834.65 291 Teen Services 527.04 2g2 Facility Ops 600.00 2g3 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 2,344.43 351 Public Safety 8,582.85 352 Infrastructure 30,239.62 353 Facility 300,000.00 354 Park and Trail 37,425.03 400 Library Debt 420 Leonard Creek 72p Cable TV 740 PD #3 800 Deposit Agency 7,475.76 e..r.~..f~i 554,847.00 16,911.05 PAYROLL CHECKS: 630038-30077 TOTAL Prepar d by: Date: ~ -I -0 ~- Apr-99 Oryo ., mao °o a .m+ °o 00 °o oo m °o o moo Deem o mrrvm.o mla o.veeao ~ e~roo o~~ m IPil uoi~a b-~a oNn ~o r.vrme.vm namm~n [J. ~ 'i rl F b '1 N lU N N N nl '1 0 p N q 01 rv r N p r „ m r'1 N 111 m 0 N m N 0 N 'J$ e'Ipq r NN qOl 'iNP gOgI qli 4R 00 O ~ Q R ^ m ^ O yp W p~ U 1-1 O % O Z m Z a % Q (1 UZ m U I .> a N q r gym qR0 aUN eau K 2m£ >5 O `"°zz ~~ z m Op^ FF p p~ O N H O O O N 'i N O o a N N O O O ry M M O N O O 'I ~ 'I N N N N O q '1 O 'i O 'i O O O O N r N Y1 AI rl '1 ri 1 H 'i N P O O H 1 ~'I O f N O O O m O O O •'I I OI ~ ~ ry O O O O O O O O O N O O O O O O O O O O O O O O O O F N p g q q A~ O g N O O M t~1 O q q 1'I p N p p g p q q q q q q m m m O q q q p q q p N N p q q p p q q r1 m 1~1 rl 1'1 rl rl rl r1 M i4 m NNN r1 N M rl ti N m 'i 'i M M rl N rl ri ti fl m 1'1 'i N O O 1'I M r1 M nl M N ,y N '1 ry g p N N N N N N r 'I r N '1 'I '1 N N 'i N N e1 'I N ri rl '1 N 'I N N ri 'I N IIl I(1 N F ~ q N Ill q p p N Yl p VIN N VIN N N YI 111 YI N VI VI N 111 YI N N p YI Yl N 111 VI Y1 N N N V1 I(1 111 N Ifl VI Y1 yl m p p 0 0 0 0 0 N 0 O N O NO N N I I N N O O ONO VI V1 V1 N 1(I O O~ b 0 0 0 0 0 O b O O O M M O O O O~ O b O O O O O O O O O O O O b O O O O O O O O O O O O O O O O O O O O m '1 N ri N N N N r 'i r N rl M ri N rl 'i N N '1 'I N N N N N N '1 '1 M O O N ri nl ~1 ri N r1 N ON N N N N ri ry '1 ri 'I ri 'i e1 N '1 N rV 'V N N '1 N 'i 'i N '1 NO N r1 N N NO rl 'i NO ri r1 N ei o O O O o O O O O O O O O O O o O O O o O O O O O O O O O O O O O p O p 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O 4 0 - 4 n ~ a m N a rv o n °o .Ni n ° o' m q o t e . + a R o ~° rv IoOa o q m ^ o nn a e O\C rv1q~~ ' m . i mm oar e~rmm tD bi a m.~ a rg bNrlq'IN g ~ g ~ b00 VINN \ 00\ r\[l0 n m m\\\I~I V1N\ OO innm \p C o o W rN ONCIT ' a In In b r a n m NN 0 F la F In VI N\ m OI N b b o N YI b m ~ ry V N O UCOOOOO pgNmmpg .a m m m N .1 m a o n .1 F F mOU'I b '1 N$OrV1 OI VI ON mp'1 nlg T10ry0PN N g m mm m O 1~1gNNb O NprOVI q'1mmVlb V1 l N q N n1 q t~ N m N N N N VI p g q OO O N N mr Vl p ry N N N O O'i t~l N r1 N N rl r N N N N N O N N N N O N O N O N N N N ry O N N N N O O N N N N N O O N N '.1 ~{ O N N N N N N r r r r r F r r r O r r r r O r C O o O r r h r O r r r r r O O r r r h r O O C C r r O C r O O O O O O O O O O O O O O O O O O O O O O O O O O O o O O O O O O O O O O O O O O O O O O O O O O O O ~a m w U ~ ~ y w k ££ as O O om I v10 m ~ U 1 ~aZ. m : Z ~ q Q q R~ ~ W N + . n m o ryi c p y p p N ICZ i~~£ O . as F I-1 O2 [ ~ % 3 F 3 m m W 3 C O H u R, ~. 'I~ m y F6U W ~ ry FfO+ m i~ .%lx R FC ~ ow n ~ i D ~ .miya ~mm m~ o a~q w w a~mFr m w~ 2 £ a ^ m w ^ E ~ ^ S ^ E Z F4 N ]^~ ~lpg y ~Fj a q Nm ~ NUI+ E Z aO l ~y ~ ~ ~ ~ ~ NU O U ' y £ q 4 U' Ur ' ~ U u ff m m R ^ U U' I11 N O U Z U I+ J.% ZZ F O m C r i 41 S tL , Vj .] ,~ O O k W Q Ia ~ £ O ~ ~i m~ ~ U r NR E ~ O NE N¢ m 0 ¢ ~ ~5 a U yyy rg rq ' O S y ~~ Y Y ~ ~ Q 1 ~ F µ'' µ ~ 4% O Y~ O W J if0-l ~ F 3 ~ m y £ F i W y r j u £ m % p r1 N N N p b N N ^ V1 t~l m 0 N P m 1~1 P g W p V1 M m O m O g q q mm p N r m vlb ~N A N N .In r+ M p ~ `~ N N M r ri m 'I N 'I rl rl N N N N '1 i4 N qp qp qp as a as pea p a a qp pp 00 0 0 0 0 oooNOOO o 0o O o00 0 0 0 00 N N N I NNN N N N N N N N N N N N N N N \\\ \ \\ \ \ \ \ \\ \ NN N NNN N N NNN NNNN '1 'i nl ~ \\ \ \ \ \ \ r r r C r r r r r r r r r r r r C r r r r r r r r r r r r w N s w o ~ U a O N r O O n r m m N w o r ry r N O YI b a C r1 O T p N u1 N O ~ oam racism„p ~~~man oe mNryclaoop .IryN maurimn" ~i mm rvrNNmn anon m .+ n.i ism N n p ~ N b aF.~~~p FF op WF N O ~ ry F an~p ~ rvl\$ .mr ~o i O o 1 \ i O W U 1-1 0 oz a 1 N 20~N a $ 1 O 1 ~ 1 '' ~ m N a p~z r ia0 IWq°z aa~~l~~ C .",' F ~ z r n 1 m (pjpN ~ NW arg~OlOpypG^ RWKFiZ WWUIW m r N [a[. Q 00 FF mo.+.+r .l .~.+.+1n .y o.l000maoOmmma.l Ory00N0000'IN'IONNNNNNNN'INO00 O O O O O O O O O O O O O O O O O O O O O O N p n n N p n I+1 n n p p a n p p a p a a a p p p m • ~ N n 'i ~ n rl n N n„ » N n N N ~y ~y ~..~ ,y N N '1 N 'I N N N n "I \ NNYI N I(INY1111 m111m 1(IN YI NIIINYI YImmulmr o u1 In omoo~N~O a,mrvO<ouf a lope m 0oaoao 000 00000 oaaoo ri N n O 'I M'I v1 n N. N N N N N N'I N "1 n'1 N ri N N '1 0 0 0 0~ o F N M o N 'i N O o ONO O 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O IL Ql N N N 4 rbO 0 o tirr(~ pOi mmrmr~OC .~laa a °\a'I 1~r1o olNn vNlo a "' m m r O r r r f M p m m YI N m m YI N p O O N m O O N a p a m m ry O n n ry N n n~ o N h \mmmmmmo\obbbbbb rr p r b N N N N N N N n a p rpm .+o m o m NFF.+FrmowFFEFFFFnm r n r O r'1 N O YI b O m 111 r m P O N p b~~ O O b r r r O O O m m V V r r r r r V n N O O O n n n n N O N N N N N N N N N O O r r r O O r r r0 r r O O r r O r o r O r 00 O p O 00 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ia-t U ~a ' y6U w a E~H q Wm wa ~ ~dH adz z tE .] O K ~ m F O m 3~ ~ g ~° o a~am z . m ~'~s ~~'F y.a~o a.z. msoma aC ^q [~. O U UpQ NWO 25NUF1 ~9 m .] O m F a4i i O M ~oua°u~ H -o°ou ad xx masx ~o "o~~wwm a~ozm a~ IUC 3%W L9 N1'i F l/1 mq N m n N N p N T m m N m 1(1 'i n a a p 0 N 'I N N N m m N N lip aaaaop° oaaao poa aoa o poop 0 0 0 0 0 0 0 O O O O O o0 N ~ \ N N\ N N N \ \ \ \ \ i N n n n n 4 N N '1 N ~ n n n n N N ri 1 \ ' \ \\ \ rr i r rrrrrl-r 1-rrr r w a F Q 7 QOy w N w a N a a m O Q .,emm ImarvN 'nm C C N N O O Q I '1 N I O OZ U u 4 [a[..Q 00 FF oao o .I one aa\ nm.Ni N N \ w w r N N O ry N 00 ri N W O rO OZ~ H io I a e lom I O N w ~So a Z 7 W I~ la ~uw Iwo rv lagm IN ~~>z IW Iww Iq0 Img°z ~ ~ .~I > ao w \.iF . ~a C gO ~ I F w CQOInOP a[7 N li zrc~ waulw .I r ao I N N I h C I O O FOF O U ~ M VI IWw NFU INM IN? Iqw w .]N 10F ~5Z IUW IN£ W ~0yy yq4$q ~'JS 4 r ~ (7 H ION IFU ~~ C O N N O O N N N N C 1~ W a w a W w P a w {W a Q N 0 a rvrvrv aaam VI Y) r N O b ~a T r N VI N b N m '1 to m C N T b r Yl [v i ~O N - 0 O P$ i N N N N o N nl m P m O~ R~ ~~Fp F~ HE OEF ~a .ia W .~Ne~ •i00'~ ONO ~~ rv E o o n F ~am~ naN~j '~JO ~ M~'1\ NNr.~J u2 ~ of vlr0 U U iNN NVI a O N i O O O O i ri '1 rV N m u I.o~ 02 0 I-I i O V i ~'i m I O N mm a W 501~rr (J$i00 ? e 0 ~ O K W a 0 a 0 u w ~a~ ~£m£ ~w iyW 4 - m ~w a ~z xx Q Q m iFm gg im~ P > R z~n.+ r .W ~r~aa i RI O b P p[] O ~ nr Z $ i N aA0~3~ ~ .Pi qFq i 'PU' h ~5i5W RRRR 1 N E RI ~4D i ~y+O P w0C0„f? W CIF+ wWU W a ut ~ P m M \ r 4U ao b b N ~'I N N r r 00 s w w w°E 0 m~ O W wa w O Pyyy ~N C V bm N ai FF O O N P O N N ri N O VI i ~ i o.~ a a a a N m N m VIN VIN r W N N •i00 o O o O N Y1 N 1!i ei N '1 mom ~z r i4 N O N C • 1 I( f ( r r V VI N rv Ip BOO r~~~ 0000 o~ w aw o~ w W a FU W h O~ ~a F2 R5 wu ~~ N ~ .+ r 0 as 00 0 o~ i N N N N N N m m N N N \ \ irr rr r r w N a a F O P w N w G 0 R i o o e a a O O O N N N LLl V ? Y N [+iPNT O 'JZO i q ~~ O ~x U a 00 00 FF FE p O '~ N O '~ amq crvE moo m.N. ~ ~ lnr In 1-u o ~ w uo~ u oxl ~ ~u .1 m 1 'i O l Ol N x0 r C ux o 0 0 > i Iw a 4 0 1 Z .v i2 'g I lo la IE w ° ~w m w Iw ~ ~~u ~ u oa ~~ ~ Gaz a ~~u~a :.] O 1 v1 ~ F ` r3 i~ CAI y a w ~ w g g m r Oi Q wl ~w G U' i~ ~ O wOF~Z L d V 4~ 4 a 0 u W a w °n N C O N D N N N O p 0 ry 1+1 N C C O W b T r1 C 0 T '1 N lrl N a C m N 0 C O N r r1 W C N m N MNNm Nm PNI'1P NYlV r a In '~ 'a FN 111 N N I(1 VI N IIf YI N Ill N N I(1 C Om H N'i 'V N'I rl O O N ~ C? Y C< C? V C N C C~ mNNmNNmNNmNrmC In ul In In in In In ul In In In uPi In r w o O o o O o °'o oooo°P~o°o~°o nn nnn m n a m o l m mmmmmm mmmmmm N N r1 ti 'i 'i N ri awuwww°mmh~ao oooaooooo0 0 C C C C C C C C C C C C C .INn alnwr m N N N N N N N N N N N N l'1 rrI-nor ro ~I~o 000000 000 00 0 00 00 0 00 w E w ^R 4 z u u a C N b E Q 4 mf a [[[6$~~~111 D a N N ~ 000 OOmONINN ' TPT '1°'1 OITYIN {. I(1 M Y1 r r i^L ~ ry ry ry N N 1l1 OI q 1 b a w Q F M 1 U o ~La+a ^ 7dF N ~ w°wO .+ a m m~~ ~ ~~u mOW NyywO m R m F £ m.aN '~ arym ri rl O~ O~ ~~ FF FF FE Ip a lp O O N N O qD ~ O O O O O O O O a O '1 p0 N O O O N H N '1 M ri '1 '1 ri O N n1 0 'aP4 nomaoNF' ooooocooDrv .a] ~C~ apace aaaapmO i ry O N a N N N N N N N N N N ~ '~ a r~ N p N N p r~ a I(1 VI V1 N Y1 VI a 1(1 r W NDLnOW UUU i ry0 u N o N N rl N NO N NO N~~ rl .~ D O° O O O O° O o a apaaa apapappaa o ocooo oooooDa oOao N N YI ry VI N Y1111 N rv YI 111 VI N 1 N N N N N N N N N N N N N U O x'o o j x ' m~~ lu ~ m In In 1 N m m O O O 1 \ om4nr o V1r0 m N N r YI p~ N O AI 1~1 N O N N O N o uZ ' orrDr i °O ° O O Do O O ',g ~a ~~ a .1 i G Q r Im ?11 x ~q IM a ~rc>zlA IN [[y~~. ~ N r i pl O O ~ ry o a~m~x ~lo> aE ' '' ~ ~° N m r o~ 1 Q m ya '~o~nOA m ~ O nc~a~ ~~ ~ r moM awu~W o N rNY1 Ob0 O O D O N m b N 0111 O O1 O p b r m 10 I11 a p 111 p P V N •i '1 N Y1 r1 N N ~ 'i N oa b r m A O N\ r r C r m\ I'I O g O m O mOb V b N b b O 10 ~O Nm 1+1 m N 10 411 N N M m rymrm N N N N NNN N r O O O r Orr r O O O O O O O O F a M O ~' a a w azw m mom m zz .m+~ ,a, r a m ado N O NN a o Ada ~a°m O N3~ u T P M N 'I p p N r N N N p p p o p 0 p o D o o ° 000 N N N N \ ~ ~ 'I "1 \'i \ `I \ ~ r ~ ~ r r r r w w mm .... o~ ~d~ ~~ o~O FF oeo irvo O N ~a~ ~iN ~x~wc~ u U a ~~ ~ N W U / O oz~a > .o 2 i~ F a w xo uz 5 0 a 0 ~g . W ',> .x ;WO ~~ rv ~wpzw~a ~uw ~d ~a a>z w w as ~.+ ~Fo 4~~w2~rv u~o> aao a naF r ~ ~ Z i V E ~ w ~ D N w (~ yw~ ~ F ~ 4~VizNG~~„ W~rF+i2 W6ViW m m U a a oam oo °Om° °r° ~ ~~=b.I~olnoa a ~p ui vi cm olnNbm~mN or..~ °morv mNm ria nnlnn orr ryO In °N Peter bi p rm Nln prN.'li M ~`+ b 1 Nm rv m NNNN P mminN NN NNIn ryNNmrvm N N pN mN ~^ ~ o. ~ F~ ~ °o oe~ N o0° 0 000 000 000 Opfq N~ N N N N N N O ~ ~ ~ n O„ N N N N N N O al alooooo00oooooal oooo aloocoooo as oalooooooooo OlNF o oopP F OO a m p P M p M p p p p P P p p P P p p p P P p p p p P p p p p p P p p P p p p p p p Pry a o°o [ [~T~T++ii P r: YI N J1 '''~~~ lll YI Yl P b V b b b V b b b N p P 10 N V b b b b V N P P\ P p P b b b b V O~ p p P p\ $ ' b V V b b b b b b b b V V V V p p b N b b p b b~ N VI N Yl Ill N N VI N Y) V1 N Vi N 1l1 I(1 UI VI N N V1 N VI N I(1 V1 YI N N III I!1 VI N Yl N Ill N VI YI n U L ~ p p p P r u V P V I VIN N N Y1 N Ill YI I(1 N N Yl 111 VI YI VI N IA YI YI Y1 N N N VI N YI YI YI YI N N Y1 u1 Yl N I!1 YI N N I(I N VI N oooo000 00 0 4 oo o ooa0 000 ° 0 0 00000 00000000 00000 ooaooooo0000 0 0 o 0 0 o o 00000 00000° 00000000 00000 1u 1n 10 ~a bra 1 i _ F ovo 0 n le to to l0 10 to b10 101ob 1o b10 1o w 0o mmooo mm mmmmmm ° ° OO ° a i~,aM° mmmm mmmm mmm mmmmmmmmm m Mm ~MM NM N N N N N (J I N N N N N ry N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ry N W O m N 0 2' °a p o INNNNNri r1N NNNNNNNNN N N NNNNNM NN~-I mN10rNri ri NO N ~ r i I\ I I I 2 ly i O b N N p V m N M N ry ry~~ p b r m N N r O n 1O p m O P O O O N N N NO NO N NO m° O m n 0 0 0 0 0 0 a C r b m b ^ m 0 ~ m N O ry N N N ry~ P O O m° O1 T 01 N NO NO 0 P M O n n r r n r r r n O VI C m I o o N 1 \ m \ b P m 0 0 6 m N N VI N T N N N N m b m m N N m o o ~ Q '~ D ry 1 N N N m m m p b m N N n O M O M O m m m m m m m m M m m M M m mmmm m t'I m m m M m m m m m m a ~ V m m N u. N r NmONOMnmpbrm aNM PNIOON 1pnrO ON„mPVIb mO1 VIPN ~ Nm Mp I m m m N Ill VI P P VI VI N I(I N P P VI N m m o m P P N O O O O O O O N N N N N N O P M m y a N O O o 0 0 O O O O O O O N O O O N O O 0 0 0 0 0 0 O O O O r O ~ rr O O O O 0 0 0 oooo 0 o0m om° 0rommmrO 000 u x~oo o o 00° o0oaaooooo0o0ooomooooooomm mmo o oo a0oooo00000000o U o u > a w a 4 ~4 I ~O U F O L N a ~ m ~ > zz x ~ ~ • H .] O N > , I ¢ ~ „m vi ~~~yyw o ~ w ° 41454 ~ ~ 2 a 4 dx 3xa ~~ !' ~~] ~ a ou U£ x ~ ~ o I a, i , y F a 2 y w O m a ai u O .] ~ ~ . gg F a~ x N . KG ~ i ~ f O a F 5 ~ ~ 4 y N ] O Cal ~! Y R.~ ~!~ a ,W> £ Z~ r4~ y a q r~~ r q E ~~~RN~33 Ix/1 ~ ~ E U4 2U 4 5F0 .a g ba n m e ~Nin m M~ h ~o ° o ° O I e ry o m m _ p I O Z I n l +N mP P III . N N N N N N N N N N N ~~a> a o ~ m _ ~ p F~u . . r ~ , p P P p p P p p P P a p m P p p p a 0 o i K f 0 p0 m ° °moo0000 ° a° m 00 o 0 o w I w N N N N N N N N Q O F O1 I N \ \ N\ ry \\ \ N N \\\ \ \ £ \ N N ry ry p~ g p I N O O~ N N N N n N N N N N N \ N \ ~ \\ \ \ \\ \\\ \ \\\\ o p ~E~ \ ^ n n rrr r r n nrrr nrr r r rn J K u ~a aa m w ONO o N ~ O N O N b r1N Ome ~iammerN [u i O ~O N V N 0 ~'`yJ i N ~n N Q ~ N a Q Q N {m~ h N a[s[.. O O HF A N N O N O O O O N fieeeC\Q~L 1 ~U 1Y W b ~ i~ y i in n e w V i N N N N a ~ N N N N U MO 0>2~ ~i i ~ m H M N \ N N N iI O O e ry rl N nree a ~ r~OOo Wiz' o00 O ~ U > ~ 4 a N O .~ [~ a CF ~w~4u ,i FFF~ 1i~ 1a9aN ~ mOt9~ ~w >a i4NmH e ~1~w~z1o~~~ r Ny Nm~r ~zo N^ '" ~op~0' NNE a ry i N a~~a> ~i~ .eic F a \Ng~~ eoee Sd~a io r N N O F W i N N N N r°yn~pgw~aaP~\\\\ a C°, N L1 0~ N N 4tOF aau w m w a w ~eaa rrr rvN [-~~NNN O p R a~ o~O FF oa.~ orvN QQ ie~ ~ o p oz~~~w u u a '-w F a a ~a 0 w ~ "o ' >. oz ~o m m ~ a ~ ~ ~ r a w w a ~< u 2 ~ o .o > i 4 .m U .w .w .o ~o .a ~F im i E m .a .a ~m a upo x N i p2 pRw i'J p w~ZiN iN h iw qua ..o a~ww ~~w> ao -.icF ~ z ~w a(~w r£4~H o r£~£ w i N F w~ N Q O N A w~ n wbFlp~ ;~ ,~ nwuw N ., a a ~'o°z~ U a w F a q ~ ~ m Q U i+ O N ~z~ m w N N m Fy UZ~ O a0 a ioo 000 iooo 000 000 00 00 00 mmm nm~o o~ a~ ~FO O~ FF FF O p f9 O C N O N O N O N O\[! ON ee~j~j O.r o~ 6 N h 'J N U O 0 0 rv N N 0 N r .w ~a ~x ~o .m ~> ~m ;v i^ ~z ~o w i I> ~d a ~xa ~a o ~w ~~gm,~ ~~~~E r ~w Ewa ~ X00 c ~wPz2~ a~~~ aa~~a n w F "' a ~< io rU'NiwW N F 41 \ y°mpw;ma5~ 4C~iNOO~N c7 i ~ i r wOF aau w N 0 w Q a 0 m 0 a a u N V O N m N a G O C o a ui ~i~~n ememme i N Yf Y1 r 1~1 r1 Y1 m < NNN NNN~'10 r1 flN ri NN yOI R 4H OF Oap~ ooooaa ~.y0> .+~.+~orv of oNF oNm wJ O ~ N \ £ N NNN \'J OZ ~ ~nr U^ of in in u~r 0~ Rio 0000 yE~, 0 0 0 0 a '~ nnnn D w 0 w u i+ o f~ ; Z ~ to Z a m ~ mm '~ < o r n as ui e~~r N i N C N a a rv rm (~., y ~ .y N N N N `]y U 'Ji i 0 o O o O O b ~O U 7 a a 4 . c~ ~ r ~H ~~ ^ ~ yoq b ag3O a h ~ ~1 y~ V ~ 4 k O I6 p0p iW UiNiX rv i U.'G h' H HfZila m p iOyZiU £.]3 r i W C NNr1 Y ~ ~ Z 5 ~ rv ~ T ~ i ~ ~ e.]O "~rFq.m qg o`~a r£ 5 "~ ~ ° o00 ~Cgg(1 W ~ N N N \ CcC~O imOO~m rvrvN 6WOE o \\\ y~ rrr LMU i [y f, .. W w F Q w {W w U Q o~ N N .. n m b .n am a 1~ N b b N N q O h m i f' H'i 'i b b 0 O' 4 ~ 4R ~4 ~~ 00 ~O FF FF FF oe'w oa W maN ~ri07 rIN07 Oft 1i C< N R Y R~ N~!~ W [yam i N n ^ ~ N N \ r` ~ \ I] O ' N b ~J (Uj x Yl YI o 'n U 'y r R '~ N N N ~ i O ~ 1 N N m~ m N M W FO ox o ~, m \ ~ om. i a b N '1 \ r m ~i C N b C b o r < e '~ n r~i W ~ '{'I N N N t~ C Ux'OC O ~j o O o O 7 pW x gWg a >z N ~ I~mpa e ~mWZ m ° u~u> neF ~ C ~ ~ p O O N£ b W fi N N q4O "SIG W ~ 00 aCCU'}~~ '\\ ~r wau w ;q~ w w H a 4 W m i W ~ W N •O h WF ¢ iU~ N ri N a ' C N P r M Ny 4 S O N N d M I w a b A w N N Ifl m [Y i C p H N m O O N P$ V m m N N m O i N N R ~ a aa aa aaI , FF EF FE oam aam aoN O '> N O M ~ o N ooorvE oNF [ ~ ddaP4~. a~ d;m [~Z~Z~~ i N N N O,^^11 N N N (((111 J O~ N N N n E N\ N\ O X ~ m '~ ~~JJU U R X 0 0 0 O i N N N N N N N N ~ 1f1 N N YI ul U f+ O z~ N o d ~ m W H mr p 0 m N N \ 4 Nn Y N N o 4 w or ~a u2ioo r o ioo ' 4 ~i W E w r w 5 w O F ut Q z u 0 0 r ~ a a U C a ~H o z H U W a ~ F ~ ~ ° '' ° o ru a o z ~' ~ ~ ~ ~~ .Fa quo az° ~ ~ P z O~ N7 G aF~di l Q l (4 a z e i ~ rv u w~uNi4~~ w ~ o~noa~ o ~ ~~ wuNi ~ ~ rc~ e wwu~w N c 0 0 a w rv .i rv 0 z u F a U a a N N n M a R a .. a C ~ioa 000 o~ F~nnn 00 FF O C I'1 ~ N O Ill I O m O N iy\ [y+ ~N O O I~ N OZ~ U q io w u Fo oz M I P i N ,i O a a w xo Uzi D 0 .w .m .o i 'J i N ~W a ~o °z~~~F jyiU a ~~ 0 ~ ~i N o a~~F~~ eao~a .I a F ~ r ~ ~ ~i ~ ~ pp~O£gN NFk01 '~N O~ OO N qK~ nq N aoFi~ ~~ aau m m a a a ea 5 m m m a a u 4 000 0000 000 0000 NY) OON T N YI N N O p p N [y i P 10 N~ ~ O O b 0 p ^$ i r4pb ON Om p ~ N m FaF~FF4 FH FaF F4F EN FF FF ooy oo~ opop `. ow or ion ~ O ry F O N F G O O N ~ O p q p N p p p m i N N O N N ry ry N ~Z ~ oar e~ N~~or~ rU U O ~0 N N N A a i N N N N N N p p p p p Y~ YI VI N N N u .+ o 02 p r . p .i r ion {K 0 N (q r N 50~rr ]z~ o °> n N N N 4Wu opa 00 ~~~ ppp .~ .i .~ ai=m N N N o h r O O 000 m a a 0 u z 0 F a ~a im z -o 5U U w N i 7 N a goo o ~mn N £m~az m ~a~SiZw ." r ia'a inr CFO Pp DO~rvn . a~~~a~ ao y~ pp „~FiR ~ ~ ~ a ~ Pyl /$g{f4 iNa^~, NN 4ROipyn~~i KCF 'gib ~~r aau a Z w O ~d N n p ti U O a 0 z N p r W R w a m a Y p9~ 4 4 m O b .Dm I O F C C I N AI YI N 1p N C C ~omaa ~ ? N C C gO R FE FE O D C O aDOD om O D N O D O Ti I~ N N C f4 U U Q I O O O D I O O u I.o oz I" I a m .~ ~ m~ e I y N a o~ ry I N N 50 CC p~lDo O '> N w~ I r[ I+ U ~O N ~ON0. 1^ IZ~ m m a .p3 00 Iww ~d I .] 'J o is ~i Z O 14] ^ n b~ W I w> I w ~ I. a Ewa Imm IOO lags' N ;'I»> ~m " ,. F w ~Iw ~°p .Da Cww~~£gU£'NIOF411N\ rt g O i m 0 0 1 .Ni N wGY ~ ICC rc °a .F. wwu w C a N D r] .4] F F SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 ORIGINATING DEPT: Public Works PREPARED BY: Iveta Harv ~ ~ ik AGENDA ITEM: CITY MANAGER: ~~ C~-~-~ DEPT HEAD: SUBJECT: Acceptance Quitclaim of Real Property from Santa Clara Valley Water District to the City of Saratoga RECOMMENDED ACTION(S): Adopt Resolution accepting Quitclaim of Real Property from Santa Clara Valley Water District to the City of Saratoga. REPORT SUMMARY: Santa Clara Valley Water District has quitclaimed real property to City of Saratoga and in order for the deed to be recorded, the City Council must first accept the real property and authorize the Mayor to execute a Certificate of Acceptance. The real property is located in the area of Saratoga Creek where it intersects with Via Real Drive Bridge. Per the latest inspection report dated April 17, 2002, performed by the Department of Transportation the bridge structure is in good condition and no significant deficiencies were noted. Staff researched available hazardous material spill reports compiled by the Governor's Office of Emergency Services and the National Response Center. There were no reported spills reported for the area. Therefore staff recommends acceptance of the real property by the City of Saratoga. FISCAL IMPACTS: No significant fiscal impacts. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Quitclaim Deed will not be recorded. ALTERNATIVE ACTION(S): Decline to accept the real property FOLLOW UP ACTION(S): None. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting was duly posted as required by the Brown Act. ATTACHMENTS: Resolution Certificate of Acceptance Quitclaim Deed approved by the SCVWD Board of Directors RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO ACCEPT QUITCLAIM OF REAL PROPERTY FROM SANTA CLARA VALLEY WATER DISTRICT TO THE CITY OF SARATOGA APNs 393-20-047 and 393-21-008 WHEREAS, by Quitclaim Deed dated Apri16, 2004 Santa Clara Valley Water District ("SCVWD") has quitclaimed to the City of Saratoga, fee interest in all that certain real property situate in the City of Sazatoga, County of Santa Clara, State of California, respectively, and more fully described in Exhibit A attached. WHEREAS, the City Council desires to accept the Quitclaim of said property and to authorize the Mayor to sign the Certificate of Acceptance on behalf of the City of Sazatoga for the property referenced above located in the City of Sazatoga and more fully described in Exhibit A attached hereto; and WHEREAS, the City Council desires to authorize the recordation of the Quitclaim by the SCVWD on behalf of the City of Saratoga for the property referenced above located in the City of Sazatoga and more fully described in Exhibit A attached hereto. NOW, THEREFORE, the City Council does hereby resolve as follows: 1. The City Council accepts the real property described in Exhibit A attached as Quitclaimed from the SCVWD to the City of Sazatoga (APN 393-20- 047 (portion) and APN 393-21-008 (portion) in the azea of Sazatoga Creek at Via Real Drive Bridge). 2. The Mayor is authorized to sign the Certificate of Acceptance for the real property on behalf of the City of Sazatoga for the above referenced property in the form attached hereto as Exhibit B. 3. The SCVWD is authorized to record the Quitclaim Deed with the County Recorder on behalf of the City of Saratoga for the above referenced property. The above and foregoing Resolution was passed and adopted by the City of Saratoga City Council at a regular meeting held on the 215` day of July, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK CERTIFICATE OF ACCEPTANCE (CALIFORNIA GOVERNMENT CODE SECTION 2781) This is to certify that the interest in real property conveyed by the Quitclaim Deed attached hereto, to the City of Saratoga, a Municipal Corporation, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Saratoga pursuant to authority conferred by Resolution No. of the City Council of the City of Saratoga, adopted on July 21, 2004, and grantee consents to recordation thereof. Dated: July _, 2004 CITYOF SARATOGA Ann Waltonsmith, Mayor By EXHIBIT B RECORD WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA AFTER RECORDING RETURN TO: SANTA CLARA VALLEY WATER DISTRICT Real Estate Services Unit 5750 ALMADEN EXPRESSWAY SAN JOSE, CALIFORNIA 95118 ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED (Easement Retained) (City of Saratoga) DOCUMENT NOS.: 2021-22.02 2021-49.02 SANTA CLARA VALLEY WATER DISTRICT, a public entity, hereinafter "Grantor," does hereby release and quitclaim to the City of Saratoga, fee interest in all that certain real property situate in the City of Saratoga, County of Santa Clara, State of Califomia, described as follows: Being a portion of the lands granted to the Santa Clara County Flood Control and Water Conservation District, now the Santa Clara Valley Water District in the deed recorded in Book . 5590 of Official Records at page 352, and in the deed recorded in Book 7931 of Official Records at page 400, both documents are filed in the office of the Recorder, County of Santa Clara, State of California, to wit: BEGINNING at the intersection of the northwesterly line of said lands, as described in said deed recorded in Book 5590 of Official Records at page 352, Santa Clara County Records, and the southwesterly line of Via Real Drive (50.00 feet wide), said point also being the most easterly comer of Lot 55, as shown on that certain map entitled 'Tract 2694 Arroyo De Saratoga", and filed in Book 147 of Maps at page 42, Santa Clara County Records; thence along said northwesterly line along a curve to the right from a tangent which bears N48°01'34"E, having a radius of 500.00 feet, through a central angle of 3°32'39", for an arc distance of 30.93 feet; thence continuing along said line N51°34'13"E 22.50 feet to the northeasterly line of Via Real Drive (50.00 feet wide); thence along said northeasterly line, S60°04'05"E 91.45 feet to the southeasterly line of said lands as described in said deed recorded in Book 7931 of Official Records at page 400, Santa Clara County Records; thence along said southeasterly line, S51 °34'16"W 53.79 feet to the southwesterly line of Via Real Drive (50.00 feet wide); thence along said southwesterly line, N60°04'05"W 90.42 feet to the POINT OF BEGINNING. Containing 4563 square feet or 0.105 acre more or less. RESERVING UNTO THE GRANTOR an easement for water management andlor storm water drainage purposes in, upon, over, and across that certain property described herein. The easement shall include the right to construct, reconstruct, inspect, maintain, and repair a channel, protection works, and appurtenant structures, together with the right to trim or remove such trees or brush within the easement area as may constitute a hazard to persons or property or may interfere with the use of the said area for the purposes reserved. It also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand, and gravel for construction, maintenance, and repair of said channel, protections works, and appurtenant structures by said District, its officers, agents and employees, and by persons under contract with it and their employees whenever and wherever necessary for flood control or storm drainage purposes. W:\R_Estate\DOCUMEN114800-4899\Carol\4478deed_cjg-1-28-04.doc ®r, ~`]~~~~ SPACE ABOVE THIS LINE FOR RECORDER'S USE SCVWD Document Nos. 2021-22.02 and 2021-49.02 Dated this day of 20~ SANTA CLARA VALLEY WATER DISTRICT By: tanley Illiams, Chief Executive Officer ATTE T: By. Gt.~.cc.~n-- Lauren Keller, Clerk of the Board ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF S/A-NTA CLARA ) SS On this (( lU ~ day of ~ lTl ( ,, i^n the 4yelar /' 1~G -I ,before me ~~( LtP, ~ ~9{~I~~U~ersonally appeared <_.Sl~~`-tX / M ~ Vl/ l' ((CP.~~,S Name(s) of Signer(s) ^ personally known to me -OR- [~p[oved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me --.- that he/she/they executed the same in hislher/their authorized capacity(ie~, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ate,. ~ : _ WITNESS my hand and offici I seal € NATAL IEF noiulNCUEZ ~ ~ Comniseion#131M13 Z, ~ q qq /~,. `z_ ~~ Notary Public - California ~ ~V lit/Y IAA Sartt3 Clara County Notary Public in and for said County and ate ~Y Comrn. t.~ires Jul 22, 2005' CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual ^ Trustee (s) ^ Corporate Officer (s): ^ Guardian/Conservator ^ Partner(s)^. Limited ^ General ^ Other: ^ Attorney-In-Fact Si ner is epre ting (Na a Pers n s Entit (les) A:\(rev) 4478deed.doc /~ sCVwu to CNT ur ~nlw,luw. ~~ J \ AACIFI ~ C GAS ~~ ~ ¢ F~fi 4 b ~` ~~1 GG vQ~h sD.oo~~j~~ Sp,F~~~G~ ~c~ ' -9 ~~ 'gPiLF l `.:::... s ~ 4 ~ a . O ~9 a ~~ oc b4 s ~ v 0y ~ 5~ ~.S 2 Bp4?:'.: ~~:.;.~. :'. :~~.: ~'~ 25.00' ~~ v 9~h ~~ / zs.oo' ~ a • ~• ti~o ° ~o~bo° r~~ G' 0' h'~1' J /~ L ~ ~~ 5 v ~ ~~ r ~'` 0 ~ ~ ~~ ~~~ LINE TABLE LINE BEARING DISTANCE ~gF,O ~ANU SG,fl L1 N51'34'13"E 2.50' 4.a~- e~118eT 1. `Fj L2 551'34'1 "W 53.79' 3 eu c A CURVE TABLE i ~ CURVE RADIUS DELTA LENGTH C1 500.00' 3'32'39' 30.93 .12-31-05 3 ~T,4TfOF CALtFO~~ AREA = 4563 sq. ft. f = 0.105 Ac. f PROJECT NO. 2021 REV. APPR. DATE DESCRIPTION FILE NO. 22.02 @ 49.02 APN N0. 1 D.J.B. 1/04 Revise Lot Nunbers TITLE REPORT NO. p DRAWN D. BUSALACCHI 3 SCALE: 1"=40' DATE 03/25/02 .... ......n. • e.__._ ~_ i\a- _~ n~~l./7n~11\\A.....\7(17_77 117 Arun a-.._i .._r s 6' I ~:• i. L ~`/ SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 AGENDA ITEM: 1~ ORIGINATING DEPT: Public Works (~~ ' PREPARED BY: Iveta Harvancik CITY MANAGER: ~~~ DEPT HEAD: SUBJECT: Building site approval for one lot located at 22122 Mt Eden Road. Owner: Horvath RECOMMENDED ACTION(S): Move to adopt resolution No. BSA-02-062 granting the building site approval of application No. BSA-02-062 for one lot located at 22122 Mt. Eden Road. REPORT SUMMARY: Attached is Resolution No. BSA-02-062 which, if adopted, will grant building site approval for one lot located at 22122 Mt. Eden Road. I have examined the parcel map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The parcel map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolutions No.03-020, have been completed or will be completed concurrent with development of the parcel. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The parcel map is technically correct. Consequently, the City Surveyor's certificate has been executed on the parcel map and the parcel map has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code fox action by the City Council. FISCAL IMPACTS: The owner has paid $9,213.44 in Engineering Fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The final building site approval must either be granted or denied by the City Council. Ip the rty building site approval is denied, no building permit would be issued for the referenced ro e ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The signed map will be released to the owner's Title Company for recordation along with recording instructions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Site Map. 2. Parcel Map. 3. Resolution No. BSA-02-062 granting parcel map approval. 4. Planning Commission Resolution 03-020 approving the tentative map with conditions. SITE MAP Application No.: BSA-02-062 Location: 22122 Mt. Eden Road Applicant/Owner: Horvath APN: 503-13-033 E yy~y- 5, ~~- ~Yi yyE~ Z~ a+ ~ppaa 3~3~~ ~~~~ W ~ e I~ ~ ~ ~ ~~~ ~ 8~~~~E~~ 3g Z~.~~~~ ~ ~ ~ ~~ ~~ ~ ~~~~s ~ ~ ~ ~3 1 ~ C ~F y. ~~ z~ ~, ~ ~ t ~<~ ~ 4 ~~~ ~~~~~ ~ ~ Aga ~~~~ ~~ ~ ~&~~ ~~ ~~. W~ ~~~ ~~~~ ~ ~~ ~ m F ~ ~~~~ ~ ~Q~ ~ ~ a y s Y' ~ ~ ~ t1 Y +~ ~, s. ~. ~ ~ „~t~a: ~'; a pJ ~~~~~ ~~~~ ~~~~Eji~~ ~ ~ ~ ~~~ ~ ~ $ ~I~~~~~ ~ ~ ~ ~ ~ ~~~ ~ r a ~ _ yt - ~~~~~ ~~rt~9 ~=~~~BpRp~~~y ~ ~ e a® ~ ~+ g~g®®~ b Real ; ~~ ~~2~~~'~E~~ '~~~44999~~~Ez < < - < `6 ~ ~iE ~~~ 9E3 t ~ d~E~€ ~ N~~~~- Q K g J 3 ~o9A //~~ ,oW ~. Q V~a 3a Sao U r~ ^V 2$ ~W ~RF~' ~ K 2R ~uWtl~ mNa D~P Wn JJJJ '^ ~~ WS a~ a's~ ~ .1 ~ Z' J ~~5~ ' ~ a z O V Wo U „~ _t- U Q ~~~N Q fa Y~ ay 0'~-2 0 >~ ~ ~~~~ c Fl ~q°s ~u,d o :, ~ e °'o bd= Lf+iV I)N 504.13' 04.6 ' ~' aw T a r c F P ~~3. I '~ c'w osl,•drs'u, i y R i~ /y y H ~,__.,°~ 1 s s°I .~~~~ sc ~R ,tEt~roS o~avss q ~ .o ~ ~. ~' o'.m °. ' ~ i o o -o b 3n ~i~ < -~ ^~o ' A NROJ bYU7Y[NY510 (1NflOJ W a [ e ~ •. v+ ~ !64 b S9 S[61 DIA35 t p r~`~ 4. m 031 IN3W V3 AYMOYOy ~OF...... , o ., r ~ Q ~ ~ F V; ^w. ° .a ua 4 N ~ ~, ASIA F ~ ep Y O q °`~ U ~ P eE~ W C 0 ' i ~ Uc W ~ 9~m ~Z„ N-~? ~ ~ua C z? o K a C) r~i ~o ~ I ~ v£ W l l ~ Q ^ ~ ~ b '1~2 n.a QW ~~ W 1' 0.CC~w ~ ~ C V d a ooz n 1- b a'~.C Cr 4.e 0' 3~ ~ ~ .ue Umbp ~ ~- C O ^~~ w ~ ~~_ hObb ' J ~, ~ w ~ l V ~~ a hm ,,,:^ 4 . ..-.. l~ti nva~ ." .I C1 `) W 1 \ ~Ol'bOp n"~ 1 ' 1 "J $ N \ 1; nC~[t p V .,i.. .Sa E., 66-f/-spS 3.O1,L:E;~LN ,t9Z5Z vgW~4j'o z c s BS< ''L'qv Ndy a° a I< r4 ~.7~'b 4r, 31 _n _"' .,:'/yb' ^'. i.m v ry y>:0~, ~ o w q de ` ~ \~~ Cr U~D ab ~ ~ ~: m ~4 ~m ~ m ~ 1 ~z ~ o e. U C ~ ~ 0 l b~$ big C ~ Sb d-C OUS a$ ; ° ~~"C C O;C bm yQ 0 .90 Uo3 0 o°F °o e B m~ F4~e U ~UV ~Q O u 2Y4 yoi, °i p e ~~~iC OL ion £'L~ ~~X 2o- x.o c~c x Wh _a W u`£ _~~ - ~23~~ i ~ ° 3 oi~ WO ~~ C ou° ~'„ u h `o noe ~i i~oO oho ~Ww N~~^~b W ~ or ~¢c e }' ° ° ~ e 3g ~F~&°a RESOLUTION NO. BSA-02-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE BUILDING SITE BSA-02-062 22122 MT. EDEN ROAD The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: One lot as shown on that certain Parcel Map prepared by Kirkeby Engineering, dated January 2004, and filed with the City Clerk of the City of Saratoga on July 14, 2004, is approved as ONE (1) individual lot. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same aze hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Sazatoga City Council held on the 21st day of July, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk RE5OLU'IION No. 03-020 Aeeucr+nox No. 02.213 nxD 02-062 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA HORVATH/ 22122 MOLiNT EDFSI ROAD WxexFas, the Ciry of Sazatoga Planning Commission has received an application for Buffding Site Approval and Lot Line Adjustment to create a lane lot and building site on a pazcel v~ith a slope in excess of 20°b, Wxsxeas, the Planning Commission held a duly noticed Public Hearing on April 9, 2003 at which time all interested parties were given a full opportunity to be heard and m present evidence; and WHEREAS, the project has undergone environmental review, an Initial Study was prepared pursuant to CEQA and a Mitigated Negative Declaaation was prepazed. The mitigations measures contained in the Mitigated Negative Declaration would reduce: project impacts to aless-than-significant level; and WxExEAS, the applicant has met xhe burden of proof required to support said application, and the following Building Site Approval findings have been made pursuant to Section Plan 14.20 f4 25 of the Municipal Code: The proposed building site is consistent with the General Plan and any applicable specific plan. The site is planned and zoned for single-family residential development The design or improvement of the proposed building site is consistent with ehe General Plan and any applicable specific plan. The site is planned and zoned fot single-Eatnily residential development The site is within the Area A - Mt. Eden planning area of the City. The Plan states (Area A Guideline #7) that building sites for new homes should be res¢icted to a 30 percent slope and geotechnical site investigations shall be conducted iE the City Engineer determined that they are necessary. Although the average slope of the lot is 32.5 percent, the building site area has a 20 percent slope, which is consistent with the General Plan development policies. Geotechnical investigations were conducted and the City Engineer issued geotechnical cleazance on the site January 29, 2003. The site is physically suitable for the type of developmrnt proposed. The site is planned and zoned for one single-family residence. Infrastructure is in place to serve the site. Conformance with the geotechtucal reports for the project would insure physical suitability. The reports were reviewed by the City's Consulting Geologist and. the site obtained geotechnical clearance Erom the Engineering Division (Iveta Harvancik, Horvath - Ferolufion p 02-030 con tionsrare included m both~e conditions of approval fo ethe projecand the City The site is physically sui[able for the proposed density of developmen[. The site is planned and zoned for one single-family residence. The project proposes one single-family residence and conforms as such. The designs of the building site and the proposed improvements aze not likely to cause substantial environmental damage o a[ d stN native n Dedarationmdocuments wildlife br their habitat. o~dedntlgie ttuugation measures aze made conditions conformance with this finding p of approval. The design of the building site or type of improvement is not likely co cause serious • public health or safety problems. The Mitigated Negative Declaration documents conformance with this finding. The design of the building site or type or improvements would not conflict with easements, acquired by the public at ~ge'si~e. Both ParcelsLand 2 currently ha e within the proposed subdivision or building line "This ~~ easement would be trail easements along the southeastern boundary located entirely on Parcel 1 with the proposed lot line change. The location of the proposed house does not conflict with the trail easement location. That a proposed subdivision of land which is subject to a conttact executed pursuant to the California Land Conservation Act of 1965 (The "Williamson Act"~ would not result in the creation of parcels of insufficient size to sustain their agricultural use, except as otherwise provided in Govertunent Code Section 66474.4. The sidoes not in Williamson Act contract nor does it involve a subdivision. This finding apply to the proposed project. The dischazge of waste from the proposed buffding site into an existing community • sewer system would not result in violation of existing requirements prescribed by a State regional water quality control boazd pursuant to Division 7 (commencing with Section 13000) of the State Water Code. The project is the construction and eventual habitation of a single dwelling. Sanitary sewer is available to the site and would not result in overburdening the system capacity. Now, THEREFORE, the Plantvng Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, azchitectural drawings, plans and other exhibits submitted in connection wig antednsub etc to the following Frank Horvath Eor Buffding Sice Approval is hereby gr J conditions: gorvalh - Rrzohtion M 01-030 A. COMMUNITY DEVELOPMENT Acknowledged , 1. The development shall be located and constructed as shown on Exhibit 'A' as amended by Planning Commission action, incorporated by reference. Acknowledged . 2. The development shall incorporate all the mitigations contained in the Mitigated Negative Declazation (#02-213) for the proposed project, attached hereto as Exhibit "B", incorporated by reference. The required mitigation measures aze as follows: a. Revise the lot line adjustment to widen the lane in Parcel l and relocate the driveway to avoid Tree # 1 which is a 36 inch Valley Oak. b. Construct a clear span bridge to avoid impact on the stream corridor. t. Locate the bridge to m;nim;~e the impact on protected trees. d. Plant replacement trees and vegetation appropriate fox a streaznside environment. e. Implement soff and erosion control measures during the construction process. f. Design the drainage system in such a way that does not increase runoff into Calabazas Creek. g. Prior to construction receive all necessary permits from appropriate agencies. Acknowledged. 3. Theentidemencscontainedinthisresolutionshallnotbecomeeffectiveuntilthe Cfry Council has adopted the Mitigated Negative Declaration and approved the Final Building Site Plan and Parcel Map. B. FtxEPxoTECrtoNDtsratcT The Saratoga Fire District reviewed this application on November 15, 2002 and their comments are as follows: Acknowledged. 1. Driveways: All new or improved driveways shallbeamitumumoffourteen(14)feet wide with aone-foot shoulder on each side. a. Maximum driveway gradient shall not exceed eighteen percent (IS%) far more than Fifty (50) feet. b aggrega[e b ae and a double-coat oil and screening surfa e~mch Horvath - Ruo(ution p 03-030 c. Finished slopes greater than 12~i`z°k toLSMo shall have at least a six-inch aggregate base and atwo-inch asphalt concrete surface. d. Finished slopes greater than 15°k to 16°,6 shall have at least a six-inch aggregate base and four inch rough-surface concrete surface. e. Provide a turnaround at the end of the driveway with a minimum 34-foot outside radius or an equivalent as approved by Sazatoga Fire District. {, Provide a passing turnout 10' wide and 40' long as required by Saratoga Fire District. Details shall be shown on buffding plans. g. Bridges: All bridges and roadways shall be designed to sustain 35,000 pounds dynamic loading. (City of Sazatoga Code 16-15.200, as required by Saratoga Fire District) , Acknowledged. 2. Premises Identification:Approvednumbersoraddtessesshallbeprovided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (CFC 901.4.4) Acknowledged. 3. Estimated distance to residence on plan is 420 feet, which may require additional wa[er supply sources. This will be determined at the Design Review stage. Acknowledged. C. CrrrAxeox3s'rRSroxT The Ciry Arborist inspected this property on December 31, 2002 and issued a report memorandumJaze hereby made3conditions of approval oThe ma or recommendations in that report aze as follows: The Arborist recommends retaining Tree #1 which would require relocating the proposed driveway toward the west of Tree #1 by a minimum distance of 25 feet. In this event, the smaller and less valuable Tree #3 would be lost. If this recommendation is not feasible, the recommendation is that Tree #1 be replaced by specimens of equal value and by a species that is native to this area. Tree #1 has a value of $11,544. This is equivalent to nine 36 inch boxed native specimens. If the driveway were relocated to the west in order to preserve Tree #1, Ttee # 3 would be lost. Tree # 3 has a value of $2,181, which is equivalent to one 36 inch and two 24 inch boxed native specimens. The combined value of the trees is $66,938 and a 15°b bond ($10,040) is required to be placed with the Ciry prior to issuance of a building permit to assure protection of the Gees. Horvath - Ruahtion p 01-030 D. GEOTECHNICAL REVIEW Geotechnical Cleazance is approved for the Building Site Approval and Lot Line Adjustment for the above referenced project. Conditions of approval, based on the review memo from the City Geotechnical Consultant dated January 24, 2003, are: Acknowledged . 1. As needed, the Project Geotechnical Engineer shall consult with the Project Civil Engineer to assure that adequate drawings aze prepazed to depict the proposed project. At this rime, it appeazs that the following may be warranted: (1) plans and sections depicting the final driveway alignment and specific and a~a associated walls, earthwork and drainage improvements; (2) ~ ro osed drainage plan and sections Eor the entire development, including P P landslide repair activities; (3) civillazchitectural drawings far planned structures; and (4) civil drawings and design criteria for the proposed bridge. Supplemental geotechnical design criteria may need to be provided to fully address all aspects of the development plan. For example, slope stability analyses of neazby creek banks and geotechrtical design criteria for the bridge foundation should be provided per the Project Geotechnical Engineers recommendation (in report dated October 11, 2002). In addition, supplemental drainage measures may be needed for the proposed structure, including subdrains below the slaggmb,g) avel drains in lieu of drain panels (which may be more susceptible to clo and the use of 10 mil polyvinyl plasric above rock and below sand to further protect the slab. eolo~~l ma ~sgcale ofg 1 Gmch 40t feet o P bt ter) (of theeproepeTCY' and ( ) g gi P ( engineering geologic cross sections (scale of 1 inch=10 or 20 feet) depicting the thickness and extent of tarth materials (e.g., landslide deposits, in-place bedrock, artificial fill, and soil-colluvium), geologic features (e.g., scarps, bedrock orientation, etc.), and imprwemen[s (e.g., walls, structures, existing and proposed cut and fill slopes, etc.). The map shall specifically depict upslope earth movement features and creek bank stability conditions at the bridge location. The engineering geologic map and cross sections, civil drawings, and documents confirming review and input from the geocechnical consultants, shall be submitted to the Ciry for review and approval by the City Engineer and City Geotechnical Consultant prior to Geotechnical Clearance for the Design Review. Acknowledged, 2. The Project Engineering Geologist and Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final development plans (i.e., site prepara¢on and grading, site drainage improvements and design pazazneters for foundations and retaining walls) to ensure that their recommendations have been properly incorporated. Horvath ~ Rnalution N 01-030 The results of the plan review shall be summarized by the geotechnical eview and approval by the E i or r ty consultants in a letter and submitted to the C City Engineer prior to issuance of a Grading Permit. Acknowledged . 3. The Project Engineering Geologist and Project Geotechnical Engineer shall rove all geotechnical aspects of the project and a d d pp ), e inspect, test (as nee The inspection shall include, but not necessarily be limited to: site tion ' . construc and prepazation and grading, site surface and subsurface drainage improvements, and retaining walls Prior to the. i d ons at excavations Eor swimming pool, foun Following completion of the inspections, the te d . concre placement of steel an Geologist and Project Geotechnical Engineer shall prepare erin i E g ne ng Project technical drawings (maps and cross sections) of as-built conditions, including final interpretations pertaining to the depths and extent of land sliding. The results of these inspections and the as-built conditions of the pmject shall be technical G eo described by the Project Engineering Geologist and Project ing technical drawings, and submitted an om d y p on acc Engineer in a letter(s), an r for review and approval prior to finalization of the Grading i E nee ng to the City Permit Fees paid . 4. The owner (applicant) shall pay any outstanding fees associated with the Ciry Geotechnical Consultant's review of the project prior to Building Site Approval. Hold HaYmless 5. The owner (applicant) shall enter into agreement holding the Ciry of. Saratoga bilities caused by or arising out of soil or slope li Agreement signed. a harmless from any claims or instability, slides, slope failure or other soil related and/or erosion related conditions. E. PLANNING COMMISSION Trail easement 1. The property owner shall revise the location of the trail easement so that the dedioated on Final Map. Calabazas Creek. the proposed bridge Eor Parcel 1, providing Gaff access across the Acknowledged . 2. The property owner shall construct the proposed trail in accordance with the Trail onstraction, a bond hall be he deby the City forlfuturet onstruction of the trail Basemen[. Acknowledged . 3. The trail easement shall be subject to the review and approval of the Trails Sub- Commit[ee. Acknowledged. 4. This approval shall not be construed as granting future entitlement to the property owner in terms of design review issues such as bulk, mass, height, maximum squaze footage, number of structures and number of stories. Horvath - Ruo/ution N 03-030 Acknowledged . 5. ne~ssary conditions on the driveway andegressf to ddresan~ afery oncernsa~ch Section 2. This tentative building sire approval will expire within 24 months of the date of Planning Commission approval. Prior to expiration of tentative building site approval the owner shall apply for final building site approval by filing with the City Engineer all the documents listed in Sections 14.40.020(a) and 14-40.040(a) of this Chapter as maybe required under the conditions of the tentative building site approval. Section 3. All applicable requirements of the State, Counry, Ciry and other Governmental enriries 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. Horvath - Auolution A01-030 Pnssso Arm ADOPTED by the City of Saratoga Planning Commission, State of California, dns 9th day of Apri12003 by the following roll call voce: AyFS: Barry, Garakani, Nagpal, Schallop, Uhl, and Zvtshi NOES: None ABSExr: Hunter ABSTAIN: None C afr plan g Co 'ssion A~r'\yre's''r~:-' ~-~ Secretary, i'lan~g Commission This permit is hereby accepted upon the express terms and con the A s hcant, andshall have no force or effect unless and until agreed to, in writing, by PP Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City .-, Date ~ rG Xorvafh - Aaolution A01-030 ADDENDUM TO RESOLUTION #02-030 HORV ATH BUILDING SITE APPROVAL TRAILS SUB-COMMITTEE ' In accordance with the dtrection of Planning Commission Resolution #02-030 granting the Trails Sub-Committee reviewed this arcel Horvath h l f , p or t e building site approva application at their meeting of Apri115, 2003 and made the follovairlg recommendations. Easement dedicated 1. The proposed traff easement along the southeast boundary of the Horvath property ossible future dedication of the trail. The ement with d on Final Map . p as an eas should be retaine nail easement shall be 10 feet in width and extend from Mount Eden Road to the =~~~ boundary of the Horvath parcel to connect with a possible future pedestrian and equestrian easement to be located and constructed on the abutting 67 which is subject to future 13 503 - - ?aer~heastem parcel identified as APN subdivision. Acknowledged . 2. The exact location of the easement should be established by agreement between the a in a location which allows construction of to of Saz Ci h d g a ry e t property owners an the easement in conformity v~ith the Trail Design Standards as outlined in the Pazks and Trails Master Plan, 1991. ,cknowledged . 3. The location of the easement shall take into consideration the wishes of the owner of the property for reasonable privacy for any home then proposed to be constmcted on the owner's parcel. Said location to be chosen by a neutral selected by the presiding Judge of the Superior Court of Santa Claza County, California $ the parries are uest by the City of Saratoga for the itten re f k q a wr s o unable to agree within 6 wee detemunation of location of the wail. Acknowledged . 4. Completion and approval of construction of the trail as specified shall be a condition of issuance of any occupancy permit for any home to be constructed on the parcel, or if the construction and location is not then required due to the subdivision of pazcel leted as of that time, the owner agrees that they com e b p e n APN 503-13-67 having not shall deposit with the Ciry of Saratoga either funds or a bond in favor of the Ciry of Sazatoga, in an amount estimated by [he City of Saratoga to be sufficient to defray the cost of construction. It shall be the choice of the City of Saratoga whether funds or a bond shall be deposited. These recommendations must be fulfilled prior to Final Building Site Approval. The roved terms and conditions and agrees co fully the a d l k pp ges e now undersigned hereby ac conform to and comply with said terms and conditions within the recommended time Pram s proved by the Ciry ~nning Cotmission. ' L - operry Ovv or Authorized Agent Date Horvath - Rualu(ion q 01-030 SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 ORIGINATING DEPT: Public Works PREPARED BY: Cary Bloomquist CCJ' AGENDA ITEM: ~ '/ CITY MANAGER: ~i /~ t~ ~G~-~ DEPT HEAD: ~f ~.tw SUBJECT: Kevin Moran Park Improvement Project Consultant Selection RECOMMENDED ACTION(S): 1. Select MPA Design as the consultant for the Kevin Moran Park Improvement Project. 2. Authorize City Manager to enter into a Professional Service Agreement with MPA Design in the amount of $40,750.00. 3. Approve Budget Resolution amending the Fiscal Year 2004/2005 Budget. REPORT SUMMARY: Introduction: At recent meetings, City Council provided feedback and directed staff to move forward with the Kevin Moran Park Improvement Project by soliciting request for proposals (12FPs) from qualified consulting firms. Staff went out to bid this past June 2004 by mailing the 12FP to over 34 consulting firms and having the RFP posted on several exchange networks throughout the bay azea and state. Discussion: Staff held apre-proposal meeting in June that was attended by eight consulting firms. Of these eight firms, six submitted proposals by the RFP deadline and are listed in the table below: Firm: Project Bid• Cotton & Tani uchi $69,575.00 The Beals Grou $68,455.00 Desi Studios West $65,000.00 Gates & Associates $57,140.00 MPA Desi $40,750.00 W. Jeffre Heid $19,730.00 ro osal incom lete Upon extensive review of each firms proposals, staff recommends the firm with the second lowest bid, MPA Design, as the consultant for this project. The lowest bid received is from W. Jeffrey Heid, but is missing vital cost information and deemed incomplete. The City is very familiar with MPA Design, which has done work for the City in the past, (most notably the Azule Park Project). Staff is very confident MPA Design, with their excellent track record, has the necessary skills, qualifications and experience to complete this project. All proposals received from each consultant are available for review at the desk of the public works analyst. Conclusion• Staff recommends City Council: 1. Approve a Professional Services Agreement with MPA Design for the Kevin Moran Park Improvement Project. 2. Authorize City Manager to enter Design in the amount of $40,750.00. into a Professional Service Agreement with MPA FISCAL IMPACTS: Capital Improvement Funds in the amount of $400,000.00 have been appropriated for this project and $40,750.00 of this funding can be allocated for payment of the consultant fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): A consultant will not be selected and the project will not proceed forward. ALTERNATIVE ACTION(S): Choose a different consultant. FOLLOW UP ACTION(S): City Manager will enter into a Professional Service Agreement with MPA Design. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Attachment A-Bid Packet from MPA Design Attachment B-Budget Resolution RESOLUTION N0.04 - 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SELECTING MPA DESIGN AS THE CONSULTANT FOR THE KEVIN MORAN PARK IMPROVEMENT PROJECT AND TO AUTHORIZETHE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICEAGREEMENT WITH MPA DESIGN IN THE AMOUNT OF $40,750.00 WHEREAS, the Council of the City of Sazatoga directed staff to solicit proposals for a consultant for the Kevin Moran Park Improvement Project; and WHEREAS, said proposals were submitted to over thirty-three (33) consulting firms; and WHEREAS, six consultants submitted proposals by the 12FP deadline and staff determined that MPA Design was most qualified. NOW, THEREFORE, THE FOLLOWING BE RESOLVED by the Council of the City of Sazatoga: 1. MPA Design is hereby selected as the consultant for the Kevin Moran Park Improvement Project. 2. The City Manager of the City of Saratoga is hereby authorized to enter into a Professional Service Agreement with said consultant in an amount not to exceed $40,750.00. (Funds aze budgeted in account #354-0232-622.40.10) BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 215 day of July 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: -- Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: ~"-~~ PREPARED BY: Kim Saxton-Heinrichs, Sr. Recreation Sup. DEPT HEAD: SUBJECT: Request to Change Arts Commission Meeting Time RECOMMENDED ACTION: Approve Arts Commission's request to change the time of their monthly meeting. REPORT SUMMARY: At the July meeting, the Arts Commission discussed shifting their meeting time from 1:00 p.m. to 12:45 p.m. to accommodate Commissioners who need to leave by 3:00 p.m. Currently, the Commission meets on the second Monday at 1:00 pm. to approx. 3:15 p.m. They want to maintain the same day but change the meeting time to 12:45 p.m. All but one of the Commissioners attended the meeting and all agreed to change the time. The one absent Commissioner is likely to support the change as well since it is minimal. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Arts Commission will continue to meet as usual. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Copies of this report were emailed to Arts Commissioners. ATTACHMENTS: None. RESOLUTION NO. 04-0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 02-013 ESTABLISHING A TIME AND PLACE FOR REGULAR MEETINGS FOR THE SARATOGA ARTS COMNIISSION WHEREAS, Sazatoga City Council adopted Resolution 01-058 establishing the Saratoga Arts Commission; and WHEREAS, Resolution 01-058 mandates the Arts Commission to establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54952 and Following) and abide by State law; and WHEREAS, Resolution 02-013 was adopted on Mazch 6, 2002 setting the time and place for the Arts Commission meetings; and WHEREAS, it is the desire ofthe Commission to shift their regulaz meeting time from 1:00 p.m. to 12:45 p.m. on the second Monday of every month. NOW, THEREFORE, BE IT RESOLVED, that the Arts Commission ofthe City of Saratoga that pursuant to Code Section 54954, the time and place for the regular meetings of the Arts Commission shall be as follows: DATE: SECOND MONDAY TIME: 12:45 P.M. FREQUENCY: MONTHLY PLACE: PATIO ROOM SARATOGA COMMLINITY CENTER The above and foregoing resolution was passed and adopted by the Sazatoga City Council at a regular meeting held on the 21~` day of July, 2004 by the following vote: AYES: NOES: ABSTAIN ABSENT: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 AGENDA ITEM ORIGINATING DEPT: Administrative Service CITY MANAGER PREPARED BY: Pete Kolf DEPT HEAD SUBJECT: Property Tax Levy to Service the Debt on the Library Bonds. RECOMMENDED ACTIONS: Adopt a resolution authorizing the City Manager or the Administrative Services Director to calculate the property tax rate required to service the debt on the librazy bonds and transmit the rate to the County of Santa Clara Treasurer-Tax Collector's Office. REPORT SUMMARY: In March 2000, the citizens of Saratoga approved an increase in their property tax rate to pay the debt service on the Library General Obligation Bonds. The Library bonds were issued in May 2001, and the debt service payments began in February, 2002. Annually, the County of Santa Claza prepares and mails property tax bills. The County requires that the local jurisdiction approve a tax rate to meet the debt service payments and notify the County no later than August 1 of each year. Debt service requirements for February 1, 2005 and August 1, 2005 total $1,027,256 which is the amount the tax rate must yield. At the time this agenda item was prepazed, the County of Santa Clara has not yet provided the City of Saratoga's secured assessed valuation and, consequently, a rate cannot yet be established. We expect that the secured assessed valuation will be available within the next few days. Should it be available by July 21, 2004, staff will advise Counci] during the July 21, 2004 City Council meeting of the calculated tax rate at that time. Should the secured assessed valuation not be available by the July 21 Council meeting, staff will calculate the required tax rate, notify Santa Clara County of the tax rate by August 1, and ask the City Council to confirm the tax rate by resolution at the August 4, 2004 City Council meeting. ~~~ FISCAL IMPACTS: The tax levy supports the annual debt service requirement of the voter approved 2001 GO Bond. ALTERNATIVE ACTIONS: An alternative to establishing a tax rate to provide for Library GO bond debt service would be to pay the debt service from the reserves of the city. FOLLOW UP ACTIONS: Provide the Santa Clara Tax Collector with the tax rate for the Library GO Bonds by August 1, 2004 and follow up with information to the City Council on August 4, 2004 if necessary. ATTACHMENT: Resolution authorizing the City Manager or the Administrative Services Director to calculate the tax rate for the Library GO Bond debt service. RESOLUTION NO.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE CITY MANAGER OR ADMINISTRATIVE SERVICES DIRECTOR TO ESTABLISH THE TAX RATE FOR THE DEBT SERVICE REQUIREMENTS FOR THE LIBRARY GENERAL OBLIGATION BOND ISSUE FOR FY2004-OS WHEREAS, it is necessary to establish tax rate for the debt service requirements for the Library General Obligation Bonds for FY2004-2005 by August 1, 2004, and WHEREAS, the secured property assessed valuation for the City of Saratoga has not yet been received from the Santa Claza Tax Collector and the tax rate, consequently, cannot be calculated, NOW, THEREFORE, THE FOLLOWING IS RESOLVED by the City Council of the City of Saratoga: 1. The City Manager or the Administrative Services Director are hereby authorized to calculate the tax rate for the Librazy General Obligation Bonds for FY2004- 2005 and transmit said rate to the Santa Clara Tax Collector by August 1, 2004. 2. The City Manager or the Administrative Services Director are to report the actual rate reported to the Santa Claza Tax Collector for confirmation by resolution by the City Council of the City of Saratoga at the Council meeting to be held August 4, 2004. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21s` day of July, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 ORIGINATING PREPARED BY: City Manager AGENDA ITEM: z CITY MANAGER: ~~~ DEPT HEAD: SUBJECT: 2004 Hazardous Vegetation Management Program -Assessment Report RECOMMENDED ACTION: Open public hearing; close public hearing; adopt resolution. REPORT SUMMARY: Under State and local laws, local governments routinely abate the seasonal fire hazards of hazardous vegetation and/or combustible debris on undeveloped property. For the County and several cities, including Saratoga, this abatement program is administered by the County Fire Marshal's office. In many cases, property owners find it convenient to have the district take care of vegetation or debris removal and to pay through a property tax lien. The City Council approved 135 parcels for inclusion in the program at the start of the season, and all were inspected at least once, and most several times during the season. A total of 32 pazcels were abated by the County's contractor, which amounts to 74% voluntary compliance. This past year, the County performed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totaled $63,051.16. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. FISCAL IMPACTS: None to the City if resolution is adopted. City maybe liable for work performed by contractor for any assessments not levied. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: See Fiscal Impacts. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None, this is the last City action in the brush abatement cycle ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Sazatoea News as required by law and list of parcels for fire hazazd vegetation abatement was posted for public view in front of the Council Chambers. The County mailed notices to all of the affected property owners. ATTACHMENTS: Attachment A -Resolution Attachment B -List of parcels. Attachment C -Email form Debbie Craver in regazds to property 503-13-140 RESOLUTION NO. 04- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF BRUSH ABATEMENT CHARGES WHEREAS, at a regulaz meeting held on January 7 2004, the Fire Marshal of Santa Clara County submitted a report to this City Council consisting of all unpaid bills for abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article 15, Chapter 7 of the Sazatoga City Code; and WHEREAS, the City Council, having heard said report and all objections; thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, IT IS ORDERED that the 2004 Hazardous Vegetation Management Program, Assessment Report, City of Saratoga, prepared by the Fire Marshal of Santa Clara County, which report is attached hereto as Exhibit A and incorporated herein by reference, be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit A is declared to have a lien against it in the amount set opposite said pazcel number in the last column thereof; and the Santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 21s` day of July 2004, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Ann Waltonsmith, Mayor Cathleen Boyer, City Clerk County of Santa Clara Department of Agriculture and Resource Management Office ofthe Fire Marshal County Government Cen[er, East Wing 7o West Hedding St, 7th Floor San Jose, California 95110-1705 (408) 299-5760 FA7C: (408) 279-8537 July 6, 2004 Ms. Cathleen Boyer City Clerk City Of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 SUBJECT: 2004 Hazardous Vegetation Management Program, Assessment Report Dear Ms. Boyer: The Hazardous Vegetation Assessment Report for the year 2004 is attached. It lists properties located within the City of Saratoga jurisdiction, upon which abatement of hazardous vegetation and/or combustible debris has been preformed by the County's contractor. The Saratoga City Council approved 135 parcels for inclusion in our program at the start of -- the season, and all were inspected at least once, and most several times during the season. A total of 32 parcels were abated by our contractor, which amounts to 74% voluntary compliance. A representative of the Hazardous Vegetation Management Program will be present at the hearing. If you have any questions, please do not hesitate to call me at (408) 299-5769. Thank you. Sincerely, ~~ ~~ Debbie Craver Hazardous Vegetation Coordinator Santa Clara County Attachments Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., Liz Kniss Acting County Executive Peter Kutras Jr. j N ~ , ~ ~ J N W J O) (P A W N ~' I p ~p pD J O IP A W N O m a O .Z V 01 N O O a r w .° D 2 N ~' " W A A ~ O m ~ ~ N N V V O W N ~ ~ ~ cn n n ~' ^~ ^~ ^~ ~ ~ 7 X X X Z3 y O O W a a a a < 9 y. o ~ 7 7 7 w " w °1 m ~' C vi cn ut w w w w w w w w w w w w w w w w w w O o o ~o ~o ~o ~o ~o ~o a m cc ao 00 0o m ao 0o rn o+ rn w w w ~ V V w w w ~o ~o ~o ~o a. rn rn rn rn rn rn rn r+ r+ r+ t+ O O r r ~ N O O O (n to Cn ~P iP N ~+ ~ W W W W A W V V V (l~ D\ ~+ ~+ W W W A A O N N H+ r+ r+ O O O O O O O O O O O O O O O O O O T (Wii ~ ~ N N ~ N ~ ~ V N ~ O OD V O Owo W ~V' ~D nn x n ..7 ro ro ro ro C C ro ro C "tl C 'd C C O o .n O ~ O ~ O O d A A ~ O rt n n n n ~ P O `n' n O n `J n 7 7 ~' ro o Gl G7 G'1 Gl 9 m w ~ L1 m L7 w C w a ~ d d Y m n aai w av. a y ~• .n•• m m ~_ awi .nri'. m rri'j M ~, `! `G r.. m (~° R° R° (~° `OG' n n Qi° R° n Di° n Q°i n n r n n r~ m n m n m n n `" "3 CA N ~ ~ ~ b O O F m O q O q^ O O D n n n n ~ '~ n n a n '.d' n .a '~ rt O. n' n' n' n' ~' n' n n' R° ~ n n n n o 0 0 0 0 0 0 0 y ~ y y y d d d w w Oo Oy ~Oy AOy ~ F+ F+ i~+°y O O ~+ .~+ O r~ O ~-` O p O O O (Vn W O Y Y Y Y O ~ ~ Y Y ~ ~ Y O O K ~ R1 ~ x X ~ °x ~ w~ ~ ~ ~ No ~ of ~ ~ 'n w o w o 0 ~ ~ ~~„ m N V a a a a o~ $ o A m ° ~ o ~ ~ 7 '+ ~ O V W 7 7 7 ~ V 7 X O 7 ~ 7 4. y O llb C"tl W^, 07 ~: .... lb CC ~ .J W m m H C y C Y ~ n. a. a. a. ~ m o- a ~ a ca a ea ~ C M' V ,7 n D D Y 9 9 ,Dro w w w w w r7 .nw' w y ''y w ^~ti w '^n7 ''fib n 'F o 0 0 0 ~ ~ m o o ~ o ~ o m y y a -~ x n~ ~ ~ ~ `~ S S~ ~ S~ S~ S S r ~ ~ ~ ~ ~ a a a a ~ ~ ~ a a ~ a ~ a ~ ~ a a a~~ a a a a a a s n D a ~ n a m ao ~ ~ ~ ~ ~ (ll VI Vl Vl N A H V V / O V Vim" ~N" V ~ V ~ V V V1 V V OV O~ O~ i-' r+ r+ r' V A iP ~` *' A ~+ A i-+ ~P A p O O O V O W W W ~? O V V W W V W V W V V ~ ~p rn ip N N N N O O N N O N O N O O V V ~ N O O O O O O O O O O O O O O W W O V O O O O O O O O O O O O O O O O ~-` O N N N N O O N N O N O N O O EA FA EA EA (N EA d3 fA EA EA EA di fA [fl Efl .~ I ~A to EA EA EA ~+ iP EA W W ~ ~+ / V V iP N ~+ W " ~+ O~ to Cn F+ (!~ iA iP V V V O Oo iP ~P ~P .+ ~D Oo iP O V W W W W ~ ~ W A W W 00 T ~D V V ~+ W ~ ~ N r ~O Vt O A W ~P ~P V V V Oo Oo iP ~P A O ~O Oo O W ~+ O Oo r+ N W (n rP r~ r+ to OJ N N Oo V cn ~O O~ O W W O Cn 00 (P V1 W W w (li D` ~ N N A O Q~ O VI W n P 9 Z O f 2 m A Z m a a D 0 a m N N N O IP x A~ N .K O ~ rn ~1 ~ ~` .°'. fD o rr a ~ y~• W ~o r"y UQ O ~ ~ rt O UQ -.e w N ~ O (NO OND J ~ VNi a W N V N V V .N+ N (JI V Ja W H iP OD ~D ~D N N O Oo W ~P V N O Oo O V N m < G ~ a ,~ m 7 ~ ~ ~ _ w a ~ w ~ o '~° o E O A rao x O n ',7 C y^ X '7 7 F cn cn cn cn cn cn cn cn cn ui cn V O O O O O O O O O O V W W W W W W W W W W N V V V W W N " "' ~' ~' N Oo tJ~ N V O 00 (J~ tI~ W W O O O O O O O O O ~` ~-' N rOP ~ A ~ N O O iP O V ~' CrJ N C ~ ~ .~ ~ ~` o Ox n r, m l1 2 m m a n ~+ m ~ ~ a a n ao ~: oo ~ 5 g ~C ~ c. f7 °: ~ r ~ '~ m y ~ ,a m m ~ 9 a ~ ~ T ~ °' ~ a; ' ~ a m n ~ n n S C d d m ~ ,.., w C a m ~ w r r W N V r+ r+ N F+ ~NJ r+ ~D iP ~P `~ W "W (Oi~ N Vii N VWi iP V ~O V O (~i~ O W W ~ '17 ~..~ O ~ N to V .y p, c 9 ~ w A n a a m n n ~ ~ ~~ a e n 7 ~ `~j V `~ ~ `~ ~ `~ W `' a a a s a r a c a~~ a o ~ ~ ~ ~ a ~ ~ ~ a a y a a a a a~ a a ~ D (On ~P V N O~ N O O O O V O i0 FV-' N ~ iP ~P W N V O ~D r Oo N ~O O O O W N W OV O~ V O ~P CNi~ ~O OV O Q~ W N V O O O O (On O r m G j ~ ~iP ~ fA Q~ ~ ~ OD N EA V V Vi O] ~ fA cn N ~ i--~ r+ ~ ~ Cn N ~ r-~ O W ~ N N N ~ O~ ~ ~ pp V1 r 00 W W iP W ~+ O .P to ~O O iP (P T CT N 00 N GO i O Z 7 z n a Z m a v 0 a m N N N O x N ~. o ~' .we ~ o rt Uo rt a ~' ~~ m ~' m ~ ~/- ~ ~ rt ~~ O .~ 0 vo Cathleen Boyer prom: Debbie Craver [Debbie.Craver@pln.co.santa-clara.ca.us] Sent: Wednesday, July 14, 2004 10:27 AM To: Cathleen Boyer Subject: Weed Assessment Public Hearing Next Wednesday Lei 503-13-140A_RM_2 ATT00627.txt 503-13-140B_RM_2 nd.1P9 nd•1P9 Hi Cathleen, Wanted to give you a heads up regarding the hearing this coming Wednesday. If you would you pass the information along to the appropriate individuals I would appreciate it. The property owner for APN 503-13-140 has indicated she will be attending the meeting to contest the charges. The parcel was inspected on May 25th and work was ordered. On May 28th, the owner was sent a 15 day "reminder" postcard to clear the weeds prior to June 11th. The reminder card was sent out as an additional service this year to give owners a final opportunity to clear the weeds prior to the arrival of the county contractor. Upon receipt of the card, the owner contacted our office requesting additional time. It was explained that compliance deadline for Saratoga is April 1st and with the dry conditions in addition to the early onset of fire season, the program could not grant extensions. Staff advised the owner that if the work was completed when the County contractor arrived on site there would be no charges. The County contractor completed the work as order on the iroperty June 18th. We have explained the cost of the abatement to the owner and provided her with documentation as requested. The cost of the abatement is $896.91 and the County administrative fee is $1345.37 for a total of $2242.28. A complete price list and breakdown of charges was included in the packet mailed to all property owners in December for the program commencement. The owner will contest that the charges for the abatement are excessive. I have attached two photos for your reference demonstrating the conditions on the property prior to the abatement. I will be bringing a laptop computer to the hearing with all of the data and digital photos for the season. I'd be glad to make arraignments to display data on a projector at the meeting if appropriate. Please let me know if I can provide additional information and if you would like me make arraignments for the audiovisual equipment. Thanks Debbie SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~~~~ PREPARED BY: John Cherboae DEPT HEAD: SUBJECT: Comer Bridge Sedimentation Removal Project Update RECOMMENDED ACTION(S): Accept report and provide input to the Santa Claza Valley Water District regazding the Comer Bridge Sedimentation Removal Project. REPORT SUMMARY: Background: Last January, Santa Claza Valley Water District (SCVWD) staff made a report to City Council regarding the Comer Debris Basin Project. One of the issues raised at the meeting was the build- up of sediment under and near the Comer Drive Bridge. City Council asked that SCVWD report back to the City in the summer regazding the removal of the sediment. In addition, Council asked that a site meeting be held to discuss the sediment removal project and that a notice be mailed to the surrounding residents apprising them of the meeting. Discussion: Currently, the SCVWD is scheduled to begin removing sediment from under and around the Comer Drive Bridge in August. SCVWD staff will present a report regarding the project at the City Council meeting and will be hosting a site meeting for both the City Council and affected residents on Tuesday, July 20, at 3:00 P.M. A notice for both the City Council Site Meeting and for the regulaz City Council Meeting was prepazed by City staff and mailed to azea residents (see attached Notice). FISCAL IMPACTS: None identified. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Depends on the City Councils direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Notice to Residents. 2 of 2 OFFICIAL MEETING NOTICE Dear Saratoga Residents, You are invited to attend a Site Visit Meeting on Tuesday, July 20, 2004, and a City Council Meeting on Wednesday, July 21, 2004, at 7:00 P.M. during which the Santa Clara Valley Water District will provide an update on the removal of sediment under and in the vicinity of the Comer Drive Bridge. Site Visit Meeting: Date: Tuesday, July 20, 2004 Time: 3:00 P.M. Location: Comer Drive Bridge at Calabazas Creek Citv Council Meetin Date: Wednesday, July 21, 2004 Time: 7:00 P.M.* Location: Council Chambers 13777 Fruitvale Avenue Saratoga, CA 95070 For more information please contact John Cherbone at 868-1241 or email at j cherbone@saratoga.ca.us. *Council Meeting start time; topic will be discussed at some time that evening. SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: [r/~~'-"- l.~{ PREPARED BY: Iveta Harvancik DEPT HEAD: SUBJECT: VTA Operator's Facility -Award of Construction Contract RECOMMENDED ACTION(S): 1. Adopt resolution amending the annual budget of the City of Saratoga for fiscal year 2004- 2005 to provide financing for the VTA Operator's Facility. Adopt resolution to declare George Bianchi Constmction, Inc. to be the lowest responsible bidder on the project; to award a construction contract for VTA Operator's Facility to George Bianchi Construction, Inc. in the amount of $221,148 and authorize the City Manager to execute the same; and to authorize staff to execute change orders to the construction contract and for other miscellaneous work associated with the project up to $15,026. REPORT SUMMARY: Backeround As part of the transit center constructed during 2000 at West Valley College, the Valley Transportation Authority (VTA) planned to build an operator's facility (restroom) at the corner of Allendale Avenue. After concerns expressed by nearby residents regarding the location of the facility and a lack of opportunity to review the facility's architectural plans by the City, VTA agreed to postpone the construction of the restroom. Alternative locations were discussed and a preferred location was identified in the hillside between the bus shelters. Original cost estimate to build the hillside facility provided by the VTA was approximately $600,000. In a mutual effort to relocate the facility, the City of Saratoga and the Valley Transportation Authority entered into a Cooperative Agreement in December of 2002. Per the agreement, the City was to provide project management and VTA was to pay all associated costs for the project up to $225,000. Of the overall VTA project budget of $225,000 the Council approved $18,826 for architectural and engineering design services performed by Bill Gould Design. Remaining budget for the construction was $206,174. The project was solicited to bid in December of 2003. The project scope consisted of constructing operator's facility, concrete retaining wall, utility connections, and existing concrete pad removal. All bids were considerably above the budget limit with the lowest bid of $352,000. Therefore, the Council rejected all bids and directed staff to solicit new bids. Discussion Staff cazefully reviewed the site design and recognized several areas where modifications could lower the construction cost. Modifications were discussed and approved by VTA officials and the project was solicited to bid again on June 10, 2004. The lowest bidder's proposal was $269,733 (see attached bid summary), which was again above the budget. City staff met the lowest bidder and negotiated a revised proposal. Staff suggested additional modifications to the project which include concrete demolition, excavation for retaining walls, utility trench backfill, paving in the pazking lot area, and landscape repair, all of which will be performed by City staff with the exception of the concrete demolition which will be performed via a sepazate contract. Based on these changes, the proposal was lowered to $227,377, which included a change order in the amount of $6,229. In order to close the final funding gap, it was necessary to approach VTA for additional funding. The Mayor and City Manager met with representatives of VTA at a recent Mayors and Managers meeting to discus the need for additional funding. Based on the discussion VTA agreed to provide additional funds in the amount of $30,000 to complete the project. Following is the review of available and needed funds for the facility construction. Original total available budget $225,000 Architectural and engineering services performed by Bill Gould Design $(18,826) Additional funds provided by the VTA $30,000 Revised George Bianchi Construction, Inc. proposal $221,148 Contingency, demolition, and other work provided by the City-hired ___...,.,..,._.. $15,026 Therefore staff recommends that George Bianchi Construction, Inc. be the lowest responsible bidder on the project and award the construction contract to this firm in the amount of $221,148. FISCAL IMPACTS: Funding for this project will be provided entirely by the Santa Clara Valley Transportation Authority in the amount of $255,000; City costs aze limited to staff time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): George Bianchi Construction, Inc. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that company. The Council may make specific findings to declaze another bidder to be the lowest responsible bidder, or reject all the bids and direct staff to re-bid the entire project again. However, staff does not believe that a lower bid will be obtained by re-bidding the project due to the project bidding history. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The contract will be executed and the contractor will be issued Notice to Proceed. Work will begin as soon as possible and be completed within 90 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Bid Summary. 2. Revised proposal from George Bianchi Construction, Inc. 3. A resolution amending the annual budget of the City of Saratoga for fiscal year 2004- 2005 to provide financing for the VTA Operator's Facility. 4. A resolution of the City Council of the City of Sazatoga awarding a construction contract to George Bianchi Construction, Inc. and authorizing the City Mayor to execute the agreement. Z W S F Q d • ~ R a ~ c ~, - C •V ~ ~ ~ LL C y C v ~' w C V C d ~ O. ~ O Q O c ~ ~ ~, ~ ~ w ~ .~ N o ~ } m U m C m N a N N C ~ O ~ ~ w V 3 a`.+ W y U O ~ U d d' F' N Z W ~ ~'' ~` ~ ~ ri v ~ O r ~' c ~ ao _, m ~ W ~ Y ~y 4L Q I + V F Z N C I ~ ~ N U d ~ N C rn c a W C C Y ~ F' Z O j U ~ U U T ~i !~ ~_ H C = N U - m d T j U1 a W ~ N V ~ ~'~ ~ Q (n LL 'O C N m ' W ~ •~ cu fn J 1 ~ O~~ N H i ~ 3 °' O i ~ ~ c ~ ~ ~ C C L ~ r ~~ ~ ~ 5 C ~ ~ ~ N ~ c0 J ~ F- ~ D Z J 3 Fr' N 6 Z w ~ ¢ r ~ ~ __ o i m ~ W W c- ~ 3 ~ . Q 0 m Attachment - 1 JUL-14-610104 1J~10.~ ainiw..ni Tnrinnr=R -""'""'~""" .~_. _. , ' ~ i s f A x c x f' July 14; 2004 A M A K F R CONSTRUCTION ~~ I ,~ Iveta Harvancik 13777 Fuitvale Ave. Saratoga, CA. 95070 Re: VTA Operators Facility ~. ~~ ~ ' Iveta, Per our field meeting at the jobsite of the proposed VTA Operators Facility, please accept our revised estimate, of 5227,377.00 for the work Due to a change in the desgription of work please see the attached brea~Cdo.~n. Also attached is a letter from our subcontractor, ~ Furlo & Furlo, regarding the change in pipe material at the boring' location. I Sincerely, ' Brian Bradbury Asyy.'Estimator' , .. i ~ 1 ' , i I .. Attachment - 2 ' 7 7 5 A M a b O r y R o a tl S o n J o s e L o I i f o r n l a 9 5 1 S 9 Off I c e x 0 8 4 5 3 3 0 3 7 Fox' a 0' 8 4 5 2 1 7 6 6 VGb4~Gl.Jbb City of Saratoga 1lfA Operators Facility Proposal Subcontractors: - - - Buikii 593,926.00 - - - Electrical 56,158.00 - Pain • 51,950.00 Site Unde round 529,000.00 Mark-U 513.104.00 - -- - Sub-Total 5144,140.00 -- Supervision Misc.IrorVRailin 570,995.00 55,450.00 - - -- - - -- Retainin Wall Sidewdlk/BusPad 526,100.00 56,177.00 -, - - -- -- - Cl~n-u Acce fence Mark-u Sub-Total 53,300.00 511,445.00 5207 607.00 -- - --. - Conti ent 56,229.00 - Ad•ustmentfor Borl Proposal Total 513,541.00 5227 977J)0 -- - - - - Ci IOwner Portion: Provide containers for haul•o Safe !traffic Control ff of material -- -- - --- A.C. Pavi Concrete Demo and haul-0ff sidewalk, bus pad, curb and gutter a f?xcavate pad for building and backfilling and landsca re iro~a r Pa meet for buikli less than 30 d nd retainin wall - -- _- Submitted by: G. John Bianchi, Jr. President George Bianchi tionstrucGOn Inc. 775-A Mabury Road San Jose, (:A 95133 P.03i2 7/132004 RESOLUTION NO. A RESOLUTION AMENDING THE ANNUAL BUDGET OF THE CITY OF SARAGTOGA FOR FISCAL YEAR 2004-2005 TO PROVIDE FINANCING FOR THE VTA OPERATOR'S FACILITY WHEREAS, the City of Sazatoga and the Valley Transportation Authority (VTA) entered into a cooperative agreement in December, 2002 for construction of a VTA Operator's Facility, and WHEREAS, it is necessary to amend the annual budget of the City of Sazatoga for FY2004-2005 to provide financing for said facility, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sazatoga that the following amendments be made to the annual budget of the City of Saratoga, Fund No. 150, Highway Users Tax Fund, for FY2004-2005: 1. The amount of $0 now estimated as revenue in account nbr. 150,9010-433-01.00, VTA Grant, be increased to $236,174. 2. The amount of $0 now appropriated in account nbr. 150-9010-613-40-11, VTA Operator's Facility, be increased to $236,174. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21St. day of July, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk Attachment - 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AWARDING A CONSTRUCTION CONTRACT FOR THE VTA OPERATOR'S FACILITY TO GEORGE BIANCHI CONSTRUCTION, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. WHEREAS, the Council of the City of Saratoga directed staff to solicit bids for the VTA Operator's Facility project, and WHEREAS, said bids were solicited and two (2) fines responded, and WHEREAS, staff has cazefully checked the bid documents along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated May 20, 2004. NOW, THEREFORE, THE FOLLOWING BE RESOLED by the Council of the City of Saratoga: 1. George Bianchi Construction, Inc. is hereby declazed as the lowest responsible bidder for the VTA Operator's Facility project. 2. The construction contract for the VTA Operator's Facility is hereby awarded to George Bianchi Construction, Inc. in the amount of $221,148 and the City Manager is hereby authorized to execute the agreement. Funds are budgeted in Account No. 150-9010-613-40.11. 3. Staff is hereby authorized to execute change orders to the construction contract and other miscellaneous work associated with the contract up to $15,026 if necessary. Funds aze budgeted in Account No. 150-9010-613-40.11. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regulaz meeting of the Sazatoga City Council held on the 21s` day of July 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST Cathleen Boyer, City Clerk Attachment - 4 SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: CITY MANAGER: ~•./ DEPT HEAD: SUBJECT: Design Services for Blaney Plaza Improvements -Phase II RECOMMENDED ACTION(S): 1. Approve a professional services proposal from Greg Ing and Associates in the amount of $9,500 for development of design plans for Blaney Plaza. 2. Authorize staff to execute a professional services agreement with Greg Ing. and Associates. 3. Authorize staff to expend up to $7,500 for surveying and miscellaneous costs associated with the project. REPORT SUMMARY: Back org und: In 2003 the City Council approved a master plan for Blaney Plaza, which incorporated the Memorial Arch relocation. In October of 2003 the City Council approved Phase I of the Blaney Plaza Master Plan, which incorporated a new Holiday Tree and site improvements around the relocated Memorial Arch. Subsequently, Phase I improvements were completed for the 2003 Holiday Tree Lighting event. During the 2003/2004 CIP update the City Council approved $121,000 for Phase II of the project in order to complete the renovation of the plaza. Discussion: At the July 7 City Council Meeting, City Council directed staff to schedule a Council Site Meeting at Blaney Plaza to discuss the level of work desired to be performed. The level of design work and associated cost will be dependent on the level of improvements made to the plaza. Options include: 1) Improve Blaney Plaza per the approved Master Plan and approve design contract per Recommended Action 1 (Option 1 will implement the Blaney Plaza Master Plan both in design and construction). 2) Improve Blaney Plaza at a level per City Council direction and approve design contract per Recommended Action 1 (Option 2 will complete the design plans per the Blaney Plaza Master Plan, but will only implement the plans at a level per City Council direction). 3) Improve Blaney Plaza at a level per City Council direction and approve design contract per Alternative Action 1 (Option 3 will implement design plans and improvements to Blaney Plaza at a level per City Council direction). Dependent on City Council direction, design plans and construction documents will be developed for the second phase of improvements to Blaney Plaza. Work will commence sometime in the late summer with the goal of completing the work prior to the annual Holiday Tree Lighting event in November. FISCAL IMPACTS: Sufficient fimding is available in the adopted CIP to cover the design contract, surveying, and miscellaneous costs associated with the project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The second phase of improvements will not move forward at this time. ALTERNATIVE ACTION(S): 1. Authorize staff to negotiate and execute a professional services contract with Greg Ing and Associates in an amount less then $9,500 based on a reduced scope of improvements to Blaney Plaza. FOLLOW UP ACTION(S): A professional services agreement will be executed with the consultant per City Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Design Proposal. 2. Master Plan. 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 ORIGINATING DEPARTMENT: City Manaeer AGENDA ITEM: CITY MANAGER: 0--~ ~- PREPARED BY: Ann Sullivan~Ci.~c~--DEPT HEAD: SUBJECT: Re-evaluation of Commission Recognition Event RECOMMENDED ACTIONS: Accept report and direct staff accordingly. REPORT SUMMARY: Background At the Apri121, 2004 meeting Council discussed the various options available for holding the Annual Commission Recognition Event. Direction was given to staff to continue with the traditional dinner at the Saratoga Country Club for 2004. However, since that time budget constraints for FY2004-OS have impacted the City in many areas and Council may want to reconsider its original direction. Staff acknowledges Council's desire to have an evening with a formal sit-down dinner in appreciation for the service provided by our volunteer Commissioners. An alternative to the formal sit-down dinner at the country club might be an event held at the Civic Center, either in the City Hall Court Yard or the Community Center. The event could feature hot and cold hors d'oeuvres and beverages. This alternate, based on the infonnation provided in April, could be catered for approximately $5,000. This option would provide an elegant selection of hot and cold hors d'oeuvres including a dessert selection. Several Commissioners have voiced support for a less expensive event, prompting this re- evaluation. FISCAL IMPACTS: Appropriated Funds of approximately $12,000 for the Annual Commission Recognition Event for FY 2004-OS be reduced to $5,000. The $500.00 rental deposit at the Saratoga Country Club would be forfeited. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Staff would proceed with original direction from Council and continue with plans for asit-down formal dinner at the Saratoga Country Club. ALTERNATIVE ACTION: FOLLOW UP ACTION: Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: N/A 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor AGENDA ITEM: CITY MANAGER: O..~G~- DEPT. HEAD: SUBJECT: Draft Utility User Tax Ordinance and Advisory Ballot Measure Regarding Use of Utility User Tax Revenues RECOMMENDED ACTIONS: Accept report and provide direction to staff regarding text of ordinance and advisory measure for formal consideration by Council on August 4, 2004. STAFF REPORT: Summary At its meeting of July 7, 2004 the City Council received the report of the Revenue Review Committee and directed staff to prepare the necessary documentation to submit a utility user tax and companion advisory measure for voter consideration at the November election. A draft tax ordinance is included as attachment A. A draft advisory measure is attached as attachment B. Based on Council direction staff will prepare a final version of each measure. A public hearing has been noticed for the meeting of August 4, 2004 to formally consider placing the tax and advisory measure on the ballot. As recommended by the Revenue Review Committee, the tax would be a 5% tax on utility usage in the City. The tax would not take effect unless approved by a majority of voters voting at the next City election. The tax would sunset after 10 years. The tax would be a "general tax," meaning that it would not be earmarked for any specific purpose. Because the tax would not be restricted by the terms of the measure, Council also requested that staff prepare an advisory measure to allow voters to clarify their preferences as to how tax revenues would be used. The advisory measure states that revenues should be used for a series of capital improvement projects needed to remove in part the City's backlog of deferred maintenance and improvement projects. Each measure is described below. Utility User Tax The Utility User Tax would be a 5% tax on use of electric, gas, telephone, water, and video service utilities. It would sunset after ten years. Where possible the ordinance is based on the draft supplied by Pacific Gas & Electric Co. We have added additional text where we believe it is necessary to clarify the manner in which the ordinance will be enforced or to address issues that were not considered in the model provided by PG&E. There are several areas where additional policy guidance is required from the City Council: Exemptions. The ordinance exempts electricity and gas users from the tax on those utilities if the user is eligible for the California Alternate Rates for Energy (CARE) program established by state law. The ordinance also allows the City Council to establish other exemptions by resolution. The CARE exemption is included in the ordinance because it is a defined exemption standard that can be administered using information already in the possession of the service supplier (PG&E). Staff is not aware of comparable programs for other utilities and none of the ordinances reviewed from other cities included exemptions for other utilities based on programs comparable to CARE. Some cities include in the tax ordinance exemptions based on the user's income. These exemptions are then administered by the City which determines a user's eligibility and then provides the exemption determination to the utility. The draft ordinance gives the Council the flexibility to adopt such an exemption in the future or to design an alternative program in consultation with the utility provider. As an alternative, the City could establish an exemption program for all other utilities as part of the ordinance. Partial Payments. The attached draft provides that if a user makes a partial payment to the utility provider, the provider must remit to the City the City's pro- rata share of that payment. The PG&E draft provides that partial payments shall be applied first to the bill issued by the provider and that only after that bill is paid in full shall payments be applied to the user tax. Wireless Services. The tax would apply to wireless telephone service as well as traditional phone service. Federal law directs the manner in which wireless service maybe taxed. The rules are designed such that the tax must be applied to telecommunication services in a uniform, non-discriminatory manner, so as to avoid discriminatory taxation of its residents and to avoid creating an unfair competitive advantage to certain companies or industry sectors. A voluntary statewide organization of UUT public agencies has been formed to help promote uniformity in the application and collection of WT in California. This "UUT 2 Task Force" recommends that wireless service be taxed in one of the following three ways: A. Tax applies, regardless of where the call originates or terminates, and regardless of whether or not the call is included in a package or is billed as a separately listed call. B. Tax does not apply to separately listed calls (calls not within a package) that do not originate or terminate within the city. If the origination or termination cannot be determined, the tax does not apply. C. Tax does not apply to any call-related charges, including charges for packages that include airtime. The tax does apply to the non-call portion of the package. The draft ordinance has been structured to use option A. This is used by the majority of the cities whose ordinances we have reviewed. A minority use option B. No ordinances reviewed make use of option C. The City may use any of these options in this tax. Because the tax would be a general tax, the decision to submit the tax to the voters must be approved "by atwo-thirds vote of all members" of the City Council. (Gov't Code § 53724(b).) That means that at least four "yes" votes are required to place the measure on the ballot. Although a general tax requires supermajority Council approval to be placed on the ballot, it requires approval by only a simple majority of the voters, to be adopted. (Gov't Code § 53723.) All general taxes must be considered by the voters at a regular election for members of the City Council. (Cal. Const. Art. XIII C § 2(b).) In order to place the measure on the November 2, 2004 ballot, the Council must act no later than August 6, 2004. Advisory Measure Exhibit B is an advisory measure that would be placed on the ballot with the LTiJT to provide guidance to the City Council as to the manner in which revenues generated should be spent. The measure lists and briefly describes the following priorities: • Maintaining Streets and Filling Potholes • Repair Aging Curbs and Gutters • Replace Aging Storm Drains • Sidewalk Improvements and Repairs • Building Bridges • Landscaped Medians • Civic Center Improvements • City Hall Improvements • Civic Theater Improvements • Community Center Improvements • North Campus Improvements This list is based on the list of projects reviewed by the Revenue Review Committee. The City Council may wish to change the items on this list or change the level of detail provided regarding the various priorities. In addition, the measure suggests fiscal responsibility policies that should be used by the City in managing the funds. These policies are: • The City should aggressively pursue other regional, state and federal funds to leverage local funds so that the infrastructure and facilities projects described above can be delivered more quickly and to allow the City to build additional infrastructure and facilities improvements that are needed to serve the residents of Saratoga. • No funds derived from utility user tax revenues should be used for staff salaries and administration. 100 percent of the funds should be reserved for project delivery. • An oversight committee made up of City of Saratoga Residents should monitor the uses to which Utility User Tax proceeds are spent and report annually to the City Council and to the community. The first two policies are based on principles embodied in the Countywide advisory measure approved by Santa Clara County voters in connection with a proposed sales tax increase in 1996. The third is modeled on the oversight committee established in connection with the library bond measure. FISCAL IMPACTS: None at this time. If approved the users tax is projected to generate an estimated $3.2 million per year. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. A public hearing notice has been published in the newspaper for the August 4, 2004 meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The City would not present a utility users tax or advisory measure to the voters. 4 FOLLOW UP ACTIONS: Staff will implement Council direction. ATTACHMENTS: Attachment A: Draft Utility User Tax Ordinance Attachment B: Draft Advisory Measure ORDINANCE NO. AN ORDINANCE ESTABLISHING A UTILITY USER'S TAX THE PEOPLE OF THE CITY OF SARATOGA, CALIFORNIA DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Article _ of the Saratoga Municipal Code is hereby amended by adding Chapter _ thereto to read as follows: CHAPTER _ Section 1.1 Purpose This chapter is enacted solely to raise revenue for the general govermnental purposes of the City. All of the proceeds from the tax imposed by this chapter shall be placed in the City's general fund and used for the usual current expenses of the City. This ordinance shall be known and may be cited as the Utility Users Tax Ordinance. Section 1.2 Definitions Except where the context otherwise requires, the definitions set forth in this section govern the construction of this ordinance. A. "Billing Address" shall mean the mailing address of the service user where the service supplier submits invoices or bills for payment by the customer. B. "Charges for Mobile Telecommunications Services" has the same meaning and usage as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Sections 116 and 12~ and the regulations thereunder. C. "City" shall mean the City of Saratoga. D. "City Manager" means the City Manager of the City, or his or her authorized representative. E. "Cogenerator" shall mean any corporation or person employing cogeneration (as defined in Section 218.5 of the California Public Utilities Code) for producing power for the generation of electricity for self use or sale to others from a qualified cogeneration facility (as defined in the federal Public Utility Regulatory Policies Act of 1978 and regulations thereunder). F. "Exempt Wholesale Generator" shall have the same meaning as set forth in the Federal Power Act (1S US. C.S. 79z-Sa) and regulations thereunder. G. "Gas" shall mean natural or manufactured gas or any alternate hydrocarbon fuel which may be substituted therefor. Attachment: A 1 H. "Mobile Telecommunications Service" has the same meaning and usage as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124) and the regulations thereunder. I. "Month" shall mean a calendar month. J. "Non-utility Supplier" shall mean: 1) a service supplier, other than an electrical corporation supplying electricity to all or a significant portion of the City, which generates electricity in capacities of at least 50 kilowatts for sale to others, and shall include, but is not limited to, any publicly- owned electric utility, investor-owned utility, cogenerator, exempt wholesale generator, municipal utility district, federal power marketing authority, electric rural cooperative, or other supplier or seller of electricity; 2) an electric service provider (ESP), electricity broker, marketer, aggregator, pool operator, or other electricity supplier other than a supplier of electric distribution services to all or a significant portion of the City, which sells or supplies electricity or supplemental services to electricity users within the City; and, 3) a gas service supplier, aggregator, marketer, or broker, other than a gas corporation supplying gas to all or a significant portion of the City, which sells or supplies gas to users within the City. K. "Person" shall mean, without limitation, any natural individual, firm, trust, common law trust, estate, partnership of any kind, association, syndicate, club, joint stock company, joint venture, limited liability company, corporation (including foreign, domestic, and non-profit), municipal district or municipal corporation (other than the City), cooperative, receiver, trustee, guardian, or other representative appointed by order of any court. L. "Place of primary use" means the street address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, "place of primary use" must be within the licensed service area of the home service provider, and shall have the same meaning and usage as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 116 et. seq.) and the regulations thereunder. ~~ M. "Service Address means the residential street address or the business street address of the gas, electric, water or video service user. For a telephone communication service user, "service address" means: 1) The location of the telecommunications equipment to which a service user's call is charged and from which the call originates or terminates, regazdless of where the call is billed or paid; or, 2) If the location in subsection (M)(1) is unknown, the service address means the location of the service user's place of primary use. N. "Service Supplier" shall mean any regulated or non-regulated entity, or person, including the City, that provides telephone communication, electric, or gas service to a user of such services within the City, and includes an entity or person required to collect, or self-collect under Section 104 of this Ordinance, and remit a tax as imposed by this Ordinance, including its billing agent in the case of electric, gas, water or video service. O. "Service User" shall mean a person required to pay a tax imposed by this ordinance. P. "State" shall mean the State of Califomia. Q. "Tax Administrator" shall mean the Finance Director of the City. R. "Telephone Communication Services" shall include "communications services" as defined in Sections 4251 and 4252 of the Internal Revenue Code (26 U.S.C.A.), and the regulations thereunder, and shall include teletypewriter exchange and similaz data services, and any service that is capable of transmitting telephonic quality communications [including the use of Internet Protocol (IP) or other similaz means], whether provided by analog, digital, electronic, radio or similar means through "interconnected service" with the "public switched network" [as these terms are commonly used in the Federal Communications Act and the regulations of the Federal Communications Commission -see 47 U.S.C.A. Section 332(d)] or over digital networks by which communications with a substantial portion of the public is available (e.g., voice using Internet protocol or VoIP), and whether such transmission occurs by wire, teletypewriter, cable, cable modem or digital subscriber line (DSL), intemet, fiber- optic, light wave, laser, microwave, switching facilities, satellite, radio wave [including, but not limited to, mobile telecommunications service, cellular service, ~ )mmercial mobile service and commercial mobile radio service (see 47 U.S.C. Section 332 d 1 and Part 20.3 of Title 47 of the Code of Federal Regulations), personal communications service (PCS), specialized mobile radio (SMR), and other similar services regardless of radio spectrum used], or any other similar facilities, and whether charges for such service are based on time, distance, or on any other basis. S. "Telephone corporation," "electrical corporation," "gas corporation," and "water corporation" shall have the same meanings as defined in Sections 234, 218, 222 and 241, respectively, of the California Public Utilities Code, except that "electrical corporation," "gas corporation," and "water corporation" shall also be construed to include any municipality, public agency, or person engaged in the selling or supplying of electricity, gas, or water to a service user. T. "Video Service Supplier" shall mean any person, company, or service which provides one or more channels of video programming, including any communications that are ancillary, necessary or common to the use and enjoyment of the video programming, to or from an address in the City, including to or from a business, home, condominium, or apartment, where some fee is paid, whether directly or included in dues or rental chazges for that service, whether or not public rights-of--way are utilized in the delivery of the video programming or communications. A "video service supplier" includes, but is not limited to, multichannel video programming distributors [as defined in 47 U.S.C.A. Section 522(13)]; open video systems (OVS) suppliers; suppliers of cable television; master antenna television; satellite 3 master antenna television; multichannel multipoint distribution services (MHOS); direct broadcast satellite to the extent federal law permits taxation of its video services, now or in the future; and other suppliers of video programming or communications (including two-way communications), whatever their technology. U. "Video Services" means any and all services related to the providing of video programming (including origination programming), including any communications that are ancillary, necessary or common to the use or enjoyment of the video programming, regardless of the content of such video programming or communications. "Video Services" do not include services for which a tax is paid under Section 2.1 of this Article. Section 1.3 Exemptions A. Nothing in this ordinance shall be construed as imposing a tax upon any person when imposition of such tax upon that person would be in violation of the Constitution of the United States or that of the State of California. B. The City Council may, by order or resolution, establish one or more classes of persons or one or more classes of utility service otherwise subject to payment of a tax imposed by this chapter and provide that such classes of persons or service shall be exempt, in whole or in part from such tax. C. The Tax Administrator shall prepaze a list of the persons exempt from the provisions of this Ordinance by virtue of this section and ftunish a copy thereof to each service supplier. Article 2. Taxes Imposed and Tax Rate Section 2.1 Telephone Users Tax A. There is hereby imposed a tax upon every person in the City, other than a telephone corporation, who uses telephone communication services, including intrastate, interstate, and international telephone communication services. The tax imposed by this section shall be at the rate of five percent (5%) of all chazges made for such telephone communication services. If the billing address of the service user is different from the service address, the service address of the service user shall be used for purposes of imposing the tax, regardless of where the telephone communication service may originate, terminate, or pass through. Charges for mobile telecommunications services aze subject to taxation under this Ordinance if the customer's place of primary use is in the City, regardless of where the mobile telecommunications service may originate, terminate, or pass through. B. As used in this section, the term "telephone communication services" shall not include "private mobile radio service," as defined in Part 20 of Title 47 of the Cod ~~ j ederal Regulations, or "private mobile service," as defined in 47 U.S.C.A. Section 332 d 3 ,which is not interconnected with the public switched network or is not provided over digital networks by which communications with a substantial portion of the public is available (e.g., voice using Internet protocol or VoII'). The tax imposed under subsection (a) above shall not be imposed upon any person for using telecommunication services to the extent that, 4 pursuant to Sections 4252 and 4253 of the Internal Revenue Code, the amounts paid for such communication services aze exempt from or not subject to the tax imposed under Section 4251 of the Internal Revenue Code. In the event that the federal excise tax on ~, "communication services as provided in Sections 4251, 4252 and 4253 of the Intemal Revenue Code is subsequently repealed, any reference in Section 2.1 of this Ordinance to such law, including any related federal regulations, private letter rulings, case law, and other opinions interpreting these sections, shall refer to that body of law that existed immediately prior to the date of repeal, as well as to any judicial or administrative decision interpreting such federal excise tax law which is published or rendered after the date of repeal. C. As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the telephone communication services. The term "chazges" shall also include charges to a service user by a hotel or motel for telephone communication services used in the City when such charges aze incidental to the right of occupancy in such hotel or motel. The collection of the tax from the service user shall be the responsibility of the hotel or motel owner. D. As used in this section, the term "charges" shall not include charges for services paid for by inserting coins in coin-operated telephones except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of the tax due. E. The Tax Administrator, from time to time, may issue and disseminate to telecommunication Service Suppliers which are subject to the tax collection requirements of this Ordinance, an administrative ruling which identifies those Telephone Communication Services that aze subject to the tax of subsection (A) above and/or identifies the sourcing of such services for tax administration purposes. This administrative ruling shall not impose a new tax, revise an existing tax methodology as stated in this Section, or increase an existing tax, except as allowed by California Government Code Section 53750(h)(2)(A). An administrative ruling shall not constitute a new tax or an increase in an existing tax if such administrative ruling is: 1) consistent with the existing ordinance language; and, 2) merely reflects a change in, clarification to, or new rendition o£ (a) the definition, interpretation, or application of substantial nexus by a court of competent jurisdiction or by preemptive state or federal law, for purposes of taxation; (b) the sourcing of taxable transactions, which fiuthers administrative efficiency and minimizes multi jurisdictional taxation; or, (c) the definition, interpretation, or application of the federal excise tax rules, regulations, and laws pertaining to "communications services" (Sections 4251, 4252 and 4253 of the Internal Revenue Code) by the Internal Revenue Service, or by a state or local agency that assumes an interpretative role of those rules, regulations, and laws in the event that the federal excise tax on "communications services" is repealed. _ 5 E. To prevent actual multi-jurisdictional taxation of telephone communication services subject to tax under this section, any service user, upon proof to the Tax Administrator that the service user has previously paid the same tax in another state or city on such telephone communication service, shall be allowed a credit against the tax imposed to the extent of the amount of such tax legally imposed in such other state or city, provided, however, the amount of credit shall not exceed the tax owed to the City under this section. F. The tax on telephone communication services imposed by this section shall be collected from the service user by the service supplier. The amount of the tax collected in one (1) month shall be remitted to the Tax Administrator and must be received by the Tax Administrator on or before the last day of the following month. G. Notwithstanding the provisions of subsection A, the tax imposed under this section shall not be imposed upon any person for using intrastate telephone communication services to the extent that the amounts paid for such services aze exempt from or not subject to the tax imposed under Division 2, Part 20 of the California Revenue and Taxation Code, or the tax imposed under Section 4251 of the hltemal Revenue Code. Section 2.2 Electricity Users Tax A. There is hereby imposed a tax upon every person, other than an electric corporation or gas corporation, using electricity in the City. The tax imposed by this section shall be at the rate of five percent (5%) of the chazges made for such electricity, and for any supplemental services or other associated activities directly related and/or necessary for the provision of electricity to the end-user, which are provided by a service supplier or non-utility supplier to a service user. The tax shall be collected from the service user by the service supplier or non- utility service supplier, or its billing agent. B. Notwithstanding the foregoing, the tax shall not apply to any person, who qualifies, and has been accepted, for the California Alternate Rates for Energy (CARE) Program pursuant to California Public Utilities Code Sections 327 and 739.1 et. seq., and as it may be amended from time to time. In the event that the CARE Program is repealed or otherwise ceases to exist in a substantially similaz form, the exemption granted under this subsection shall automatically terminate. C. As used in this section, the term "charges" shall apply to all services, components and items that are: (i) necessary or common to the receipt, use and enjoyment of electric service; or, (ii) currently, or historically have been, included in a single or bundled rate for electric service by a local distribution company to a class of retail customers. The term "charges" shall include, but is not limited to, the following charges: 1) energy charges; 2) distribution and transmission chazges; 3) metering charges; 4) stand-by, reserves, firming, ramping, voltage support, regulation, emergency, or other similaz charges for supplemental services to a service user under Section 2.4, which - produces electricity for self-use; 6 5) customer charges, service establishment or reestablishment charges, demand chazges, fuel or other cost adjustments, power exchange charges, independent system operator (ISO) charges, stranded investment or competitive transition charges (CTC), public purpose program charges, nuclear decommissioning charges, trust transfer amounts (bond financing charges), franchise fee, franchise surchazge, annual and monthly charges, and other charges, fees and surcharges which are necessary to or common for the receipt, use and enjoyment of electric service; and, 6) charges, fees, or surcharges for electricity services or programs, which are mandated by the California Public Utilities Commission, or the Federal Energy Regulatory Commission, whether or not such chazges, fees, or surcharges appeaz on a bundled or line item basis on the customer billing. D. As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the electricity or services related to the provision of such electricity. E. The Tax Administrator, from time to time, may survey the electric service suppliers to identify the various unbundled billing components of electric retail service that they commonly provide to residential and commercial industrial customers in the City, and the charges therefor, including those items that are mandated by state or federal regulatory agencies as a condition of providing such electric service. The Tax Administrator, thereafter, may issue and disseminate to such electric service suppliers an administrative ruling identifying those components and items which are: i) necessary or common to the receipt, use or enjoyment of electric service; or, ii) currently, or historically have been, included in a single or bundled rate for electric service by a local distribution company to a class of retail customers. Charges for such components and items shall be subject to the tax of subsection (A) above. F. As used in this section, the term "using electricity" shall not be construed to mean: 1) The storage of electricity by a person in a battery owned or possessed by him for use in an automobile or other machinery device apart from the the premises on which the electricity was received, provided, however, that the term shall include the receiving of electricity for the purpose of using it to charge the batteries 2) Electricity used and consumed by an electric utility supplier in the conduct of its business; 3) The mere receiving of such electricity by an electrical corporation or governmental agency at a point within the City for resale; 4) The use of such electricity in the production or distribution of water by a water utility or government agency G. The tax imposed in this section shall be collected from the service user by the electric service supplier or its billing agent. The amount of the tax collected in one month shall be remitted to the Tax Administrator on or before the last day of the following month; or, at the option of the person required to collect or remit the tax, such person shall remit an estimated amount of the tax measured by the tax billed in the previous month or upon the payment pattern of the service user, which must be received by the Tax Administrator on or before the last day of 7 the following month, provided that the service user shall submit an adjusted payment or request for credit, as appropriate, within sixty (60) days following each calendaz quarter. The credit, if approved by the Tax Administrator, may be applied against any subsequent tax bill that becomes due. H. The tax on electricity provided by self-production or by anon-utility supplier or an electric utility not under the jurisdiction of this Ordinance shall be collected and remitted in the manner set forth in Section 2.4. Section 2.3 Gas Users Tax. A. There is hereby imposed a tax upon every person in the City, other than a gas corporation or electric corporation, using, in the City, gas which is transported through mains or pipes or by mobile transport. The tax imposed by this section shall be at the rate of five percent (5%) of the charges made for such gas, including all services related to the storage, transportation, and delivery of such gas. B. Notwithstanding the foregoing, the tax shall not apply to any person who qualifies, and has been accepted, for the Califomia Alternate Rates for Energy (CARE) Program pursuant to California Public Utilities Code Sections 327 and 739.1 et. seq., and as it may be amended from time to time. In the event that the CARE Program is repealed or otherwise ceases to exist in a substantially similaz form, the exemption granted under this subsection shall automatically terminate. C. As used in this section, the term "charges" shall apply to all services, components and items for gas service that are: i) necessary or common to the receipt, use and enjoycrient of gas service; or, ii) currently, or historically have been, included in a single or bundled rate for gas service by a local distribution company to a class of retail customers. The term "chazges" shall include, but is not limited to, the following chazges: 1) the commodity charges for purchased gas, or the cost of gas owned by the service user (including the actual costs attributed to drilling, production, lifting, storage, gathering, trunkline, pipeline, and other operating costs associated with the production and delivery of such gas), which is delivered through a gas pipeline distribution system; 2) gas transportation chazges (including interstate chazges to the extent not included in commodity charges); 3) storage charges; provided, however, that the service supplier shall not be required to apply the tax to any charges for gas storage services when the service supplier cannot, as a practical matter, determine the jurisdiction where such stored gas is ultimately used; but it shall be the obligation of the service user to self-collect the amount of tax not applied to any charge for gas storage by the service supplier and to remit the tax to the appropriate jurisdiction; 4) capacity or demand charges, service establishment or reestablishment charges, transition charges, customer charges, minimum chazges, annual and monthly charges, and any other chazges which aze necessary or common to the receipt, use and - enjoyment of gas service; and 8 5) charges, fees, or surcharges for gas services or programs, which are mandated by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges, fees, or surchazges appear on a bundled or line item basis on the customer billing. D. As used in this section, the term "chazges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the gas or services related to the delivery of such gas. E. The Tax Administrator, from time to time, may survey the gas service suppliers to identify the various unbundled billing components of gas retail service that they commonly provide to residential and commerciaUindustrial customers in the City, and the chazges therefor, including those items that are mandated by state or federal regulatory agencies as a condition of providing such gas service. The Tax Administrator, thereafter, may issue and disseminate to such gas service suppliers an administrative ruling identifying those components and items which are: i) necessary or common to the receipt, use or enjoyment of gas service; or, ii) currently, or historically have been, included in a single or bundled rate for gas service by a local distribution company to a class of retail customers. Charges for such components and items shall be subject to the tax of subsection A above. F. The tax imposed by this section is not applicable to: 1) charges made for gas which is to be resold and delivered through a pipeline distribution system; 2) charges made for gas used and consumed by a public utility or governmental agency in the conduct of its business; 3) charges made by a gas public utility or gas used and consumed in the course of its public utility business; 4) chazges made for gas used in the propulsion of a motor vehicle, as authorized in the Vehicle Code of the State of California. G. The tax imposed in this section shall be collected from the service user by the gas service supplier or its billing agent. The gas service supplier shall, on or before the twentieth (20`h) of each month, commencing on the twentieth (20`) day of the month after the effective date of this ordinance, make a return to the Tax Administrator stating the amount of taxes billed during the preceding month, and remitting payments for those taxes. H. The tax imposed in this section on gas provided by self-production or by anon-utility supplier not under the jurisdiction of this Ordinance shall be collected and remitted in the manner set forth in Section 2.4. Section 2.4 Collection of Tax from Service Users Receiving Direct Purchase of Gas or Electricity. A. Any service user subject to the tax imposed by Sections 2.2 or 2.3, hereof, which produces gas or electricity for self-use, or which receives gas or electricity directly from anon-utility supplier not under the jurisdiction of this ordinance, or which otherwise is not having the full tax due on the use of gas or electricity in the City that is directly billed and collected by the service supplier or its billing agent, shall report said fact to the Tax Administrator and shall remit the tax due directly to the Tax Administrator within thirty (30) days of such use. In lieu of paying said actual tax, the service user may, at its option, remit to the Tax Administrator within thirty (30) days of such use an estimated amount of tax measured by the tax billed in the previous month, or upon the pattern payment of similar customers of the service supplier using similaz amounts of gas or electricity, provided that the service user shall submit an adjusted payment or request for credit, as appropriate, within sixty (60) days following each calendar quarter. The credit, if approved by the Tax Administrator, may be applied against any subsequent tax bill that becomes due. B. The Tax Administrator may require said service user to identify its non-utility supplier and provide, subject to audit, invoices, books of account, or other satisfactory evidence documenting the quantity of gas or electricity used and the cost or price thereof. If the service user is unable to provide such satisfactory evidence, or, if the administrative cost of calculating the tax, in the opinion of the City, is excessive, the City may determine the tax by applying the tax rate to the equivalent charges the service user would have incurred if the gas or electricity used had been provided by the service supplier, which is the primazy supplier of gas or electricity within the City. Rate schedules for this purpose shall be available from the City. Section 2.5 Water Users Tax. A. There is imposed a tax upon every person using water in the City which is transported and delivered through a pipeline distribution system. The tax imposed by this section shall be at the rate of five percent (5%) of the charges made for such water. B. As used in this section, the term "charges" shall apply to all services, components and items that are: i) necessary for or common to the receipt, use or enjoyment of water service; or, ii) currently are or historically have been included in a single or bundled rate for water service by a local distribution company to a class of retail customers. The term "charges" shall include, but is not limited to, the following charges: 1) water commodity charges (potable and non-potable); 2) distribution or transmission charges; 3) metering charges; 4) customer charges, late charges, service establishment or reestablishment chazges, franchise fees, franchise surchazges, annual and monthly chazges, and other chazges, fees and surchazges which aze necessary for or common to the receipt, use or enjoyment of water service; and, 5) charges, fees, or surcharges for water services or programs, which are mandated by a water district or a state or federal agency, whether or not such chazges, fees, or surcharges appear on a bundled or line item basis on the customer billing. C. As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the water services. 10 D. The Tax Administrator, from time to time, may survey the water service suppliers in the City to identify the various unbundled billing components of water retail service that they commonly provide to residential and commerciaUindustrial customers in the City, and the charges therefor, including those items that aze mandated by a water district or a state or federal agency as a condition of providing such water service. The Tax Administrator, thereafter, may issue and disseminate to such water service suppliers an administrative ruling identifying those components and items which are: i) necessary for or common to the receipt, use or enjoyment of water service; or, ii) currently are or historically have been included in a single or bundled rate for water service by a local distribution company to a class of retail customers. Charges for such components and items shall be subject to the tax of subsection A above. E. There shall be excluded from the base on which the tax imposed in this section is computed chazges made for water which is to be resold and delivered through a pipeline distribution system; and charges made by a municipal water department, public utility or a city or municipal water district for water used and consumed by such department, public utility or water district in the conduct of the business of such department, utility or district. F. The tax on water service imposed by this section shall be collected from the service user by the water service supplier or its billing agent. The amount of tax collected in one (1) month shall be remitted to the Tax Administrator, and must be received by the Tax Administrator on or before the last day of the following month. Section 2.6 Video Service Users Tax. A. There is hereby imposed a tax upon every person using video services in the City from a video service supplier. The tax imposed by this section shall be at the rate of five percent (5%) of the charges made for such video services. B. As used in this section, the term "chazges" shall apply to all services, components and items that aze: i) necessary for or common to the receipt, use or enjoyment of video service; or, ii) currently are or historically have been included in a single or bundled rate for video service by a local video service supplier to a class of retail customers. The term "charges" shall include, but is not limited to, the following chazges: 1) franchise fees and access fees (PEG), whether designated on the customer's bill or not; 2) initial installation of equipment necessary for provision and receipt of video services; 3) late fees, collection fees, bad debt recoveries, and return check fees; 4) activation fees, reactivation fees, and reconnection fees; 5) all programming services (e.g., basic services, premium services, audio services, video games, pay-per-view services, video on demand, and electronic program guide services); 6) equipment leases (e.g., converters, remote devices); and, 7) service calls, service protection plans, name changes, changes of services, and special services. 11 C. As used in this section, the term "charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the video services. D. The Tax Administrator, from time to time, may survey the video service suppliers in the City to identify the various components of video service that aze being offered to customers within the City, and the chazges therefor. The Tax Administrator, thereafter, may issue and disseminate to such video service suppliers an administrative ruling identifying those components: i) that aze necessary for or common to the receipt, use or enjoyment of video service; or, ii) which currently are or historically have been included in a bundled rate for video service by a local distribution company. Charges for such components shall be subject to the tax of subsection A above. E. The tax imposed by this section shall be collected from the service user by the video service supplier, its billing agent, or a reseller of such services. In the case of video service, the service user shall be deemed to be the purchaser of the bulk video service (e.g., an apartment owner), unless such service is resold to individual users, in which case the service user shall be the ultimate purchaser of the video service. The amount of tax collected in one (1) month shall be remitted to the Tax Administrator, and must be received by the Tax Administrator on or before the last day of the following month. Article 3 Procedures Section 3.1 Constitutional and Statutory Exemptions. A. The taxes imposed by this Ordinance shall not apply to: 1) Any person or service if imposition of such tax upon that person or service would be in violation of a federal statute, the Constitution of the United States or the Constitution of the State of California; and 2) The City. B. Any service user that is exempt from the tax imposed by this Ordinance pursuant to subsection A shall file an application with the Tax Administrator for an exemption; provided, however, this requirement shall not apply to a service user that is a state or federal agency or subdivision with a commonly recognized name, or is a service user of telephone communication services that has received a federal excise tax exemption certificate for such service. Said application shall be made upon a form approved by the Tax Administrator and shall state those facts, declared under penalty of perjury, which qualify the applicant for an exemption, and shall include the names of all utility service suppliers serving that service user. If deemed exempt by the Tax Administrator, such service user shall give the Tax Administrator timely written notice of any change in utility service suppliers so that the Tax Administrator can properly notify the new utility service supplier of the service user's tax - exempt status. A service user that fails to comply with this section shall not be entitled to a 12 refund of utility users taxes collected and remitted to the Tax Administrator from such service user as a result of such non-compliance. Upon request of the Tax Administrator, a service supplier or non-utility supplier, or their billing agents, shall provide a list of names and addresses of those customers which, according to their billing records, aze deemed exempt from the utility users tax. With respect to a service user of telephone communication services, a service supplier of such telephone communication services doing business in the City shall, upon request of the Tax Administrator, provide a copy of the federal exemption certificate for each exempt customer within the City that is served by such service supplier. C. The decision of the Tax Administrator may be appealed pursuant to Section 3.13 of this Ordinance. Filing an application with the Tax Administrator and appeal to the City Administrator pursuant to Section 8-8.313 of this Ordinance is a prerequisite to a suit thereon. Section 3.2 Effect of Bundling Taxable Items with Non-Taxable Items. Except as otherwise provided by state or federal law, or as approved in writing by the Tax Administrator, if one or more non-taxable items are bundled or aggregated together with one or more taxable items (as provided for by this Ordinance) under a single charge on a service user's bill, the entire single chazge shall be deemed taxable. Section 3.3 Substantial Nexus /Minimum Contacts. For purposes of imposing a tax or establishing a duty to collect and remit a tax under this Ordinance, "substantial nexus" and "minimum contacts" shall be construed broadly in favor of the imposition, collection and/or remittance of the utility users tax to the fullest extent permitted by state and federal law, and as it may change from time to time by judicial interpretation or by statutory enactment. Section 3.4 Duty to Collect: Procedures. The duty of service suppliers to collect and remit the taxes imposed by the provisions of this Ordinance shall be performed as follows: A. The tax shall be collected insofaz as practicable at the same time as, and along with, the collection of the charges made in accordance with the regular billing practice of the service supplier. Where the amount paid by a service user to a service supplier is less than the full amount of the charge and tax which was accrued for the billing period, a proportionate shaze of both the charge and the tax shall be deemed to have been paid. The Tax Administrator shall have the power to make an assessment for delinquent taxes as provided for in Section 3.8 of this Ordinance thereby relieving the service supplier from the obligation to collect these delinquent taxes. B. The duty of a service supplier to collect the tax from a service user shall commence with the beginning of the first regular billing period applicable to the service user where all chazges normally included in such regular billing are subject to the provisions of this Ordinance. 13 Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. Section 3.5 Filing Return and Payment. Each person required by this Ordinance to remit a tax shall file a return to the Tax Administrator, on fortes approved by the Tax Administrator, on or before the due date. The full amount of the tax collected shall be included with the return and filed with the Tax Administrator. The Tax Administrator is authorized to require such additional information as he or she deems necessary to determine if the tax is being levied, collected, and remitted in accordance with this Ordinance. Rettuns aze due immediately upon cessation of business for any reason. Pursuant to Revenue and Tax Code Section 7284.6, the Tax Administrator, and its agents, shall maintain such filing returns as confidential information exempt from disclosure provisions of the Public Records Act. Section 3.6 Collection Penalties -Service Suppliers and Self-Collectors. A. Taxes collected from a service user, or self-collected by a service user subject to Section 2.4 of this Ordinance, aze delinquent if not received by the Tax Administrator on or before the due date. Should the due date occur on a weekend or legal holiday, the return must be received by the Tax Administrator on or before the first regular working day following the weekend or legal holiday. A direct deposit, including electronic fund transfers and other similaz methods of electronically exchanging monies between financial accounts, made by a service supplier in satisfaction of its obligations under this subsection, shall be considered timely if the transfer is initiated on or before the due date, and the transfer settles into the City's account on or before the following business day. B. If a service supplier, or a service user subject to Section 2.4 of this Ordinance, fails to remit any tax collected, on or before the due date, said person shall pay a penalty for such delinquencies at the rate of fifteen percent (15%) of the total tax that is delinquent in the remittance, and shall pay interest at the rate ofthree-quarters of one percent (%4%) per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent, until paid. C. The Tax Administrator shall have the power to impose additional penalties upon persons required to collect and/or remit taxes pursuant to the provisions of this Ordinance for fraud or gross negligence in reporting or remitting at the rate of fifteen percent (15%) of the amount of the tax collected and/or required to be remitted, or as recomputed by the Tax Administrator. D. For collection purposes only, every penalty imposed and such interest that is accrued under the provisions of this section shall become a part of the tax herein required to be paid. Section 3.7 Deficiency Determination and Assessment -Tax Application Errors. A. The Tax Administrator shall make a deficiency determination if he or she determines that any person required to collect or self-collect taxes pursuant to the provisions of this Ordinance 14 has failed to collect and remit the proper amount of tax by improperly or failing to apply the tax to one or more taxable services or charges. B. The Tax Administrator shall mail a notice of such deficiency determination to the person required to pay or remit the tax, which notice shall refer briefly to the amount of the taxes owed, plus interest at the rate of three-quarters of one percent (%%) per month, or any fraction thereof, on the amount of the tax from the date on which the tax should have been received by the City. Within fourteen (14) calendaz days after the date of service of such notice, the person may request in writing to the Tax Administrator for a hearing on the matter. If the person fails to request a hearing within the prescribed time period, the amount of the deficiency determination shall become a final assessment, and shall immediately be due and owing to the City. C. If the person requests a hearing, the Tax Administrator shall cause the matter to be set for hearing, which shall be held within thirty (30) days after receipt of the written request for hearing. Notice of the time and place of the hearing shall be mailed by the Tax Administrator to such person at least ten (10) calendaz days prior to the hearing, and, if the Tax Administrator desires said person to produce specific records at such hearing, such notice may designate the records requested to be produced. D. At the time fixed for the hearing, the Tax Administrator shall hear all relevant testimony and evidence, including that of any other interested parties. At the discretion of the Tax Administrator, the hearing may be continued from time to time for the purpose of allowing the presentation of additional evidence. Within a reasonable time following the conclusion of the hearing, the Tax Administrator shall issue a final assessment (or non-assessment), - thereafter, by confirming, modifying or rejecting the original deficiency determination, and shall mail a copy of such final assessment to person owing the tax. The decision of the Tax Administrator may be appealed pursuant to Section 3.13 of this Ordinance. Filing an application with the Tax Administrator and appeal to the City Manager pursuant to Section 3.13 of this Ordinance is a prerequisite to a suit thereon. E. Payment of the final assessment shall become delinquent if not received by the Tax Administrator on or before the thirtieth (30th) day following the date of receipt of the notice of final assessment. The penalty for delinquency shall be fifteen percent (15%) on the total amount of the assessment, along with interest at the rate of three-quarters of one percent ('/a%) per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the date of delinquency, until paid. The applicable statute of limitations regazding a claim by the City seeking payment of a tax assessed under this Ordinance shall commence from the date of delinquency as provided in this subsection E. F. All notices under this section may be sent by regular mail, postage prepaid, and shall be deemed received on the third calendar day following the date of mailing, as established by a proof of mailing. Section 3.8 Administrative Remedy -Non-Paying Service Users. 15 A. Whenever the Tax Administrator determines that a service user has deliberately withheld the amount of the tax owed by the service user from the amounts remitted to a person required to collect the tax, or whenever the Tax Administrator deems it in the best interest of the City, he or she may relieve such person of the obligation to collect the taxes due under this Ordinance from certain named service users for specific billing periods. B. The service supplier shall provide the City with the names and addresses of such service users and the amounts of taxes owed under the provisions of this Ordinance. Whenever the service user has failed to pay the amount of tax owed for a period of two (2) or more billing periods, the service supplier shall be relieved of the obligation to collect taxes due. C. In addition to the tax owed, the service user shall pay a delinquency penalty at the rate of fifteen percent (15%) of the total tax that is owed, and shall pay interest at the rate of three- quarters of one percent ('/<%) per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the due date, until paid. D. The Tax Administrator shall notify the non-paying service user that the Tax Administrator has assumed the responsibility to collect the taxes due for the stated periods and demand payment of such taxes, including penalties and interest. The notice shall be served on the service user by personal delivery or by deposit of the notice in the United States mail, postage prepaid, addressed to the service user at the address to which billing was made by the person required to collect the tax; or, should the service user have a change of address, to his or her last known address. - E. If the service user fails to remit the tax to the Tax Administrator within thirty (30) days from the date of the service of the notice upon him or her, the Tax Administrator may impose an additional penalty of fifteen percent (15%) of the amount of the total tax that is owed. Section 3.9 Actions to Collect. Any tax required to be paid by a service user under the provisions of this Ordinance shall be deemed a debt owed by the service user to the City. Any such tax collected from a service user which has not been remitted to the Tax Administrator shall be deemed a debt owed to the City by the person required to collect and remit and shall no longer be a debt of the service user. Any person owing money to the City under the provisions of this Ordinance shall be liable to an action brought in the name of the City for the recovery of such amount, including penalties and interest as provided for in this Ordinance, along with any collection costs incurred by the City as a result of the person's noncompliance with this Ordinance, including, but not limited to, reasonable attorneys fees and court costs. Any tax required to be collected by a service supplier or owed by a service user is an unsecured priority excise tax obligation under I1 U.S.C.A. Section 507(a)(8)(C). Section 3.10 Additional Powers and Duties of the Tax Administrator. A. The Tax Administrator shall have the power and duty, and is hereby directed, to enforce each and all of the provisions of this Ordinance. 16 B. The Tax Administrator may adopt administrative rules and regulations not inconsistent with provisions of this Ordinance for the purpose of interpreting, clarifying, carrying out and enforcing the payment, collection and remittance of the taxes herein imposed. A copy of such administrative rules and regulations shall be on file in the Tax Administrator's office. C. Upon a proper showing of good cause, the Tax Administrator may make administrative agreements, with appropriate conditions, to vary from the strict requirements of this Ordinance and thereby: (i) conform to the billing procedures of a particular service supplier (or service user subject to Section 2.4 of this Ordinance) so long as said agreements result in the collection of the tax in conformance with the general purpose and scope of this Ordinance; or, (ii) to avoid a hardship where the administrative costs of collection and remittance greatly outweigh the tax benefit. A copy of each such agreement shall be on file in the Tax Administrator's office, and are voidable by the Tax Administrator or the City at any time. D. The Tax Administrator may conduct an audit, to ensure proper compliance with the requirements of this Ordinance, of any person required to collect and/or remit a tax pursuant to this Ordinance. The Tax Administrator shall notify said person of the initiation of an audit in writing. In the absence of fraud or other intentional misconduct, the audit period of review shall not exceed a period of three (3) years next preceding the date of receipt of the written notice by said person from the Tax Administrator. Upon completion of the audit, the Tax Administrator may make a deficiency determination pursuant to Section 3.7 of this Ordinance for all taxes, penalties and interest owed and not paid, as evidenced by information provided by such person to the Tax Administrator. If said person is unable or unwilling to provide sufficient records to enable the Tax Administrator to verify compliance - with this Ordinance, the Tax Administrator is authorized to make a reasonable estimate of the deficiency. Said reasonable estimate shall be entitled to a rebuttable prestrmption of correctness. E. Upon receipt of a written request of a taxpayer, and for good cause, the Tax Administrator may extend the time for filing any statement required pursuant to this Ordinance for a period of not to exceed forty-five (45) days, provided that the time for filing the required statement has not already passed when the request is received. No penalty for delinquent payment shall accrue by reason of such extension. Interest shall accrue during said extension at the rate of three-quarters of one percent ('/a%) per month, prorated for any portion thereof. F. The Tax Administrator shall determine the eligibility of any person who asserts a right to exemption from, or a refund of, the tax imposed by this Ordinance. G. The Tax Administrator, with the written approval of the City Attorney, may compromise a claim pursuant to this Ordinance where the portion of the claim proposed to be released is less than the amount set by separate resolution of the City Council relating to the settlement of general liability claims against the City. and, with the approval of the City Attorney and the City Council, may compromise such a claim where the portion proposed to be released is equal to or greater than the amount set by separate resolution of the City Council relating to the settlement of general liability claims against the City. 17 H. Notwithstanding any provision in this Ordinance to the contrary, the Tax Administrator may waive any penalty or interest imposed upon a person required to collect and/or remit for failure to collect the tax imposed by this Ordinance if the non-collection occurred in good faith. In determining whether the non-collection was in good faith, the Tax Administrator shall take into consideration industry practice or other precedence. Section 3.11 Records. A. It shall be the duty of every person required to collect and/or remit to the City any tax imposed by this Ordinance to keep and preserve, for a period of at least three (3) years, all records as may be necessary to determine the amount of such tax as he/she may have been liable for the collection of and remittance to the Tax Administrator, which records the Tax Administrator, or the Tax Administrator's designated representative, shall have the right to inspect at a reasonable time. B. The City may issue an administrative subpoena to compel a person to deliver, to the Tax Administrator, copies of all records deemed necessary by the Tax Administrator to establish compliance with this Ordinance, including the delivery of records in a common electronic format on readily available media if such records aze kept electronically by the person in the usual and ordinary course of business. As an alternative to delivering the subpoenaed records to the Tax Administrator on or before the due date provided in the administrative subpoena, such person may provide access to such records outside the City on or before the due date, provided that such person shall reimburse the City for all reasonable travel expenses incurred by the City to inspect those records, including travel, lodging, meals, and other similar expenses, but excluding the normal salary or hourly wages of those persons designated by the City to conduct the inspection. C. The Tax Administrator, or the Tax Administrator's designated representative, is authorized to execute a non-disclosure agreement approved by the City Attorney to protect the confidentiality of customer information pursuant to California Revenue and Tax Code Sections 7284.6 and 7284.7. The Tax Administrator, or the Tax Administrator's designated representative, may request from a person providing transportation services of gas or electricity to service users within the City a list of the names and addresses, and other pertinent information, of its transportation customers within the City pursuant to Section 6354(e) of the California Public Utilities Code. D. If a service supplier uses a billing agent or billing aggregator to bill, collect, and/or remit the tax, the service supplier shall: i) provide to the Tax Administrator the name, address and telephone number of each billing agent and billing aggregator currently authorized by the service supplier to bill, collect, and/or remit the tax to the City; and, ii) upon request of the Tax Administrator, deliver, or effect the delivery of, any information or records in the possession of such billing agent or billing aggregator that, in the opinion of the Tax Administrator, is necessazy to verify the proper application, calculation, collection and/or remittance of such tax to the City. E. If any person subject to record-keeping under this section unreasonably denies the Tax - Administrator, or the Tax Administrator's designated representative, access to such records, 18 or fails to produce the information requested in an administrative subpoena within the time specified, then the Tax Administrator may impose a penalty of $500 on such person for each day following: i) the initial date that the person refuses to provide such access; or, ii) the due date for production of records as set forth in the administrative subpoena. This penalty shall be in addition to any other penalty imposed under this Ordinance. Section 3.12 Refunds. A. Whenever the amount of any tax has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the Tax Administrator under this Ordinance, it maybe refunded as provided in this section. B. Where the amount of any individual refund claim is in excess of the amount set by separate resolution of the City Council relating to the settlement of general liability claims against the City, City Council approval shall be required. The Tax Administrator may refund any tax that has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this Ordinance, provided that no refund shall be paid under the provisions of this section unless the claimant or his or her guazdian, conservator, executor, or administrator has submitted a written claim to the Tax Administrator within one year of the overpayment or erroneous or illegal collection of said tax. Such claim must cleazly establish claimant's right to the refired by written records showing entitlement thereto. Nothing herein shall permit the filing of a claim on behalf of a class or group of taxpayers. C. The submission of a written claim, which is acted upon by the City Council, shall be a prerequisite to a suit thereon. (See Section 935 of the California Government Code.) The City Council shall act upon the refund claim within the time period set forth in Government Code Section 912.4. If the City Council fails or refuses to act on a refund claim within the time prescribed by Government Section 912.4, the claim shall be deemed to have been rejected by the City Council on the last day of the period within which the City Council was required to act upon the claim as provided in Government Code Section 912.4. It is the intent of the City Council that the one yeaz written claim requirement of this subsection be given retroactive effect; provided, however, that any claims which arose prior to the commencement of the one year claims period of this subsection, and which aze not otherwise barred by a then applicable statute of limitations or claims procedure, must be filed with the Tax Administrator as provided in this subsection within ninety days following the effective date of this ordinance. D. Notwithstanding the notice provisions of subsection B of this section, a service supplier that has collected any amount of tax in excess of the amount of tax imposed by this Ordinance and actually due from a service user (whether due to overpayment or to erroneous or illegal collection of said tax) may refund such amount to the service user, or credit to chazges subsequently payable by the service user to the service supplier, and claim credit for such overpayment against the amount of tax which is due upon any other monthly returns to the Tax Administrator, provided such credit is claimed in a return dated no later than one year from the date of overpayment or erroneous or illegal collection of said tax. The Tax Administrator shall determine the validity of the service user's claim of credit, and the underlying basis for such claim. 19 E. Notwithstanding other provisions of this section, whenever a service supplier, pursuant to an order of the California Public Utilities Commission, makes a refund to service users of charges for past utility services, the taxes paid pursuant to this Ordinance on the amount of such refunded charges shall also be refunded to service users, and the service supplier shall be entitled to claim a credit for such refunded taxes against the amount of tax which is due upon the next monthly return. In the event this ordinance is repealed, the amounts of any refundable taxes levied under the authority of the repealed ordinance shall be borne by the City. F. Notwithstanding subsections B and C above, a service supplier shall be entitled to take any overpayment as a credit against an underpayment whenever such overpayment has been received by the City within the three (3) years next preceding a deficiency determination or assessment by the Tax Administrator pursuant to Section 3.10(D), or during any year for which the service supplier, at the request of the Tax Administrator, has executed a waiver of the defense of the statute of limitations with regard to any claim the City may have for a utility users tax. A service supplier shall not be entitled to said credit unless it clearly establishes the right to the credit by written records showing entitlement thereto. Under no circumstances shall an overpayment taken as a credit against an underpayment pursuant to this subsection qualify a service supplier for a refund to which it would not otherwise be entitled under the one-year written claim requirement of this section. Section 3.13 Appeals. A. The provisions of this section apply to any decision (other than a decision relating to a refund pursuant to Section 3.12 of this Ordinance), deficiency determination, assessment, or administrative ruling of the Tax Administrator. Any person aggrieved by any decision (other than a decision relating to a refund pursuant to Section 3.12 of this Ordinance), deficiency determination, assessment, or administrative ruling of the Tax Administrator shall 'be required to comply with the appeals procedure of this section. Compliance with this section shall be a prerequisite to a suit thereon. [See Government Code Section 935(6).] Nothing herein shall permit the filing of a claim or action on behalf of a class or group of taxpayers. B. If any person is aggrieved by any decision (other than a decision relating to a refund pursuant to Section 3.12 of this Ordinance), deficiency determination, assessment, or administrative ruling of the Tax Administrator; he or she may appeal to the City Manager by filing a notice of appeal with the City Clerk within fourteen (14) days of the date of the decision, deficiency determination, assessment, or administrative ruling of the Tax Administrator which aggrieved the service user or service supplier. C. The matter shall be set for hearing no more than thirty (30) days from the receipt of the appeal. The appellant shall be served with notice of the time and place of the hearing, as well as any relevant materials, at least five (5) calendar days prior to the hearing. The hearing may be continued from time to time upon mutual consent. At the time of the hearing, the appealing party, the Tax Administrator, the City Manager, and any other interested person may present such relevant evidence as he or she may have relating to the determination from which the appeal is taken. 20 D. Based upon the submission of such evidence and the review of the City's files, the City Manager shall issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken. The notice shall be given within fourteen (14) days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within ninety (90) days from the date of the decision in accordance with Code of Civil Procedure Section 1094.6. If the City Manager fails or refuses to act on a refund claim within the fourteen (14) day period, the claim shall be deemed to have been rejected by the City Manager on the fourteenth (14th) day. E. All notices under this section may be sent by regulaz mail, postage prepaid, and shall be deemed received on the third calendar day following the date of mailing, as established by a proof of mailing. F. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this City or against any officer of the City to prevent or enjoin the collection under this Ordinance of any tax or any amount of tax required to be collected and/or remitted. Section 3.14 Remedies Cumulative. All remedies and penalties prescribed by this Ordinance or which are available under any other provision of law or equity, including but not limited to the California False Claims Act (Government Code Section 12650 et seq.) and the California Unfair Practices Act (Business and Professions Code Section 17070 et seq.), are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the p;ovisions of this Ordinance. Section 3.15 Notice of Changes to Ordinance. If a tax under this Ordinance is added, repealed, increased, reduced, or the tax base is changed, the Tax Administrator shall follow the notice requirements of California Public Utilities Code Section 799. Prior to the effective date of the ordinance change, the service supplier shall provide the Tax Administrator with a copy of any written procedures describing the information that the service supplier needs to implement the ordinance change. If the service supplier fails to provide such written instructions, the Tax Administrator, or his or her agent, shall send, by first class mail, a copy of the ordinance change to all collectors and remitters of the City's utility users taxes according to the latest payment records of the Tax Administrator. Section 3.16 Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unlawful or unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more 21 sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid, unlawful or unconstitutional. Section 3.17 Future Amendment to Cited Statute. Unless specifically provided otherwise, any reference to a state or federal statute in this Ordinance shall mean such statute as it maybe amended from time to time. Section 3.1H Limitation of Actions The validity of this ordinance or of any tax levied pursuant to this ordinance shall not be contested in any action or proceeding or defense unless such action or proceeding or defense shall have been brought or raised in a court of competent jurisdiction within sixty (60) days from the date of the adoption of this ordinance. Unless an action or proceeding is commenced or such defense raised within said period, this ordinance and any tax levied pursuant to this ordinance shall be held valid and in every respect legal and incontestable. Section 3.19 Sunset This Ordinance shall automatically sunset, and its provisions shall become ineffective, ten (10) years from its effective date unless it is reauthorized by the voters. Section 3.20 Effective Date If a majority of the voters voting thereon approve this Ordinance, it shall become effective ten days after the results of the election are declazed by the City Council. P:\SARATOGA\ivfATl\Utility Tax\UUT Ordinance draft l.doc 22 City of Saratoga Advisory Measure for the November 2004 Election This measure is NOT a tax. It is an advisory measure that states Sazatoga voters' intent that any new utility user tax funds be spent on the following priority improvement projects and managed in accordance with the fiscal responsibility principles described below. City of Sazatoea Prioritv Improvement Proiects Maintaining Streets and Filling Potholes: Improve local streets by resurfacing roadways with a goal of eliminating the current maintenance backlog by 2015. Repair Aging Curbs and Gutters: Repair damaged and deteriorated curbs and gutters as reported and inspected. Replace Aging Storm Drains: Repair and replace storm drains showing signs of distress with a goal of eliminating the current maintenance backlog by 2015. Sidewalk Improvements and Repairs: Repair damaged and deteriorated sidewalks with a goal of eliminating the current maintenance backlog by 2015 and install new sidewalks to provide continuous sidewalk coverage along the length of major arterials and around schools. Building Bridges: Replace or rehabilitate the three bridges in the City that are at the greatest risk of failure. Landscaped Medians: Enhance the City's appearance by replacing dead or dying plants in existing landscaped medians that aze not a part of any Landscaping Assessment District and repairing medians Citywide and reconstructing the medians on Fruitvale Avenue. Civic Center Improvements: Repair the aging sidewalks, irrigation system, and parking lot at the City's Civic Center and replant the entire landscaped area. City Hall Improvements: Maintain the City's investment in City Hall by re-roofing the building, upgrading the heating and ventilation system, improving access for the disabled, and enhancing the security system. Civic Theater Improvements: Restore the Civic Theater by refurbishing the seats, installing acoustical improvements, adding new sound and multi-media systems and remodeling the backstage restroom and dressing room azeas. Attachment: B Community Center Improvements: Maintain the City's investment in the Community Center and expand opportunities for community use by re-roofing the upper section, upgrading the heating and ventilation system, replacing aged building siding, installing new carpet, replacing the water damaged ceiling, enlazging the reception office, adding new flooring in the multipurpose room, enlazging the building to add at least 2 new classrooms, replacing all landscaping around the building, and replacing the cracked concrete patio in the backyard. North Campus Improvements: Improve the North Campus to allow full use by the City and local community groups by installing exterior lighting, landscaping improvement and signage and remodeling the Fellowship Hall, Education Building and Administrative Building. Fiscal Responsibility Principles • The City should aggressively pursue other regional, state and federal funds to leverage local funds so that the infrastructure and facilities projects described above can be delivered more quickly and to allow the City to build additional infrastructure and facilities improvements that aze needed to serve the residents of Saratoga. • No fends derived from utility user tax revenues should be used for staff salaries and administration. 100 percent of the funds should be reserved for project delivery. • An oversight committee made up of City of Sazatoga Residents should monitor the uses to which Utility User Tax proceeds aze spent and report annually to the City Council and to the community. SARATOGA CITY COUNCIL MEETING DATE: July 21, 2004 AGENDA ITEM: \ ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~^' L~ (~ PREPARED BY: Lorie Tinfow DEPT HE SUBJECT: Report on Emergency Preparedness Committee RECOMMENDED ACTION(S): Accept report. REPORT SUMMARY: As part of the discussion of the new Standardized Emergency Management System (BEMs) Multihazazd Functional Plan adopted by Council on March 17, 2004, Council directed staff to convene a meeting of emergency preparedness stakeholders as the "Disaster Council." On July 12, 2004, the following met: Mayor Ann Waltonsmith ^ City Manager Dave Anderson ^ Public Safety Commissioners Brigitte Ballingall and Mitch Kane ^ City Staff Danielle Surdin and Lorie Tinfow ^ Assistant Chief Ron Vega, Saratoga Fire Department ^ Assistant Chief Ken Waldvogel, Santa Clara County Fire Department ^ Acting Director Celeste Cook and staff member Miguel Grey, Santa Clara County Office of Emergency Services ^ Captain John Hirokawa and Lt. Terrence Calderon, Santa Claza County Sheriff's Office Further reseazch indicated the need to change the group's name since "Disaster Council" refers to the City Council in times of emergency. The group agreed to call itself the "Emergency Preparedness Committee". The purpose of the group is to meet annually to confirm that the City maintains its compliance with both State and Federal emergency management requirements. (A copy of the meeting agenda is attached.) Specifically, cities are required to have an up-to-date SEMS Multihazard Function Plan and provide staff response training at least once per yeaz. The City met the first requirement when the Council approved the new SEMS Multihazard Function Plan on March 17, 2004. Staff emergency response training was held on April 19, 2004. Recently, a new requirement has been imposed on cities. Each city must now prepare a Local Hazard Mitigation Plan in order to qualify for mitigation funding. The Association of Bay Area Governments (ABAG) has taken the lead on meeting this requirement and has offered to prepare the bulk of the ith input from cities who want to collaborate. Saratoga has accepted their offer (as have most cities) and will be submitting appropriate information over the next few months. During the ~tirtg~' participants made a number of suggestions and comments; highlights follow: ^ Mitch Kane asked for clarification regazding who participates in City staff training-aze public safety agencies involved? Representatives from all relevant organizations were included in the April training. • Brigitte Ballingall reported that the Public Safety Commission continues to educate itself and has invited the Saratoga Amateur Radio Association (SARA) to make a presentation to the Commission about SARA's role in an emergency. ^ Ken Waldvogel noted that CERT graduates are the best salespeople and recommends using them to publicize the program. ^ Ron Vega suggested Saratoga partner with West Valley College in their emergency preparedness activities. ^ Celeste Cook echoed support for partnering with West Valley College and suggested developing a Memorandum of Understanding between the City and the College. She also suggested Saratoga tackle one topic per yeaz or quarter, and start with Communications, i.e., updating 24/7 contact information for all responders. She also provided a copy of a National League of Cities report (copy attached) and suggested we consider holding monthly "brown bag" lunches for staff to discuss emergency response using current events as case study opportunities. ^ John Hirokawa recommended incorporating CERT graduates into staff response plans and to designate a lead CERT member to organize the graduates. ^ Miguel Grey suggested we take advantage of the Volunteer Center's help with CERT. He also suggested that next year Saratoga hold a table top exercise and that the City focus on personal preparedness, that is, getting staff to be prepazed at home so that they are better able to assist with City response. • Dave Anderson noted that the new Sazatoga Fire Department station will have a new Emergency Operations Center and has had discussions with the Chief regarding consolidating City emergency response at that location. He also asked about public safety officers' response to CERT graduates at an incident-is CERT recognized and are graduates allowed to participate in the response? Hirokawa and Waldvogel (Vega had to leave) both concurred that graduates' skills are recognized as valuable additions. ^ Ann Waltonsmith suggested that the City emphasize individual preparation for small events as well as large ones; be proactive in preparing residents for local concerns such as mountain lion sitings; suggested staff develop a process flow chart; and supported collaboration with West Valley College and schools to determine what information and provisions their emergency plans include. Staff agreed to identify the appropriate liaison at each school and add their contact information to the Communications plan. She also suggested notifying all Commissioners by email when CERT is offered. 2 of 3 Staff will include all suggestions, recommendations and comments as part of future emergency preparedness activities. FISCAL IMPACTS: Nothing additional. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/a ALTERNATIVE ACTION(S): N/a FOLLOW UP ACTION(S): Staff will next convene the group in June/July 2005. ADVERTISING, NOTICING AND PUBLIC CONTACT: Copies of this report were emailed to meeting participants. ATTACHMENTS: Agenda First 10 pages of National League of Cities report-Homeland Security: Practical Tools for Local Governments, November 2002-provided by Celeste Cook. 3 of 3 Disaster Council City of Saratoga July 12, 2004 4:00 pm City Hall, 13777 Fruitvale Ave., Saratoga AGENDA 1. Introductions and Meeting Expectations Goal: to ensure City remains in compliance with State and Federal emergency preparedness/management requirements through an annual check-in meeting with public safety partners, City Council and Public Safety Commission 2. Select new name for the group • "Disaster Council" is an official designation for the City Council that appears in our Municipal Code New name for this group needed to avoid confusion 3. Review list of State and Federal requirements related to City Emergency Management ^ Maintain an up-to-date Management Plan ^ Training & Exercise annually 4. Review City emergency prepazedness activities ^ Community Emergency Response Team (CERT) training offered Summer 2003, Spring 2004 and Summer 2004 ^ Five members of senior City staff completed Emergency Management training this past year ^ EOC training for Saratoga staff was held April 19 ^ Staff participates with the Santa Claza County Emergency Managers Association, and attends the Santa Clara County Emergency Preparedness Council meetings ^ Staff presentations about CERT to outside groups such as the Saratoga Amateur Radio Association and the Redwood Middle School PTA ^ Public Safety Commission will be advising staff on emergency preparedness materials to be posted on the website and publicity/outreach activities in Fa112004 5. Roundtable Discussion ^ Opportunity to share information about training, tools or resources needed or available 6. Determine appropriate next steps 7. Adjourn NATIONAL LEAGUE OF CITIES HOMELAND SECURITY: ,~ PRACTICAL TOOLS FOR LOCAL GOVERNMENTS November 2002 [revisedl ~J • TABLE OF CONTENTS -- om the Working Group on Homeland Security .................. f .................. 3 AMessage r ............................................................. Introducti on .......................... Part One: What You Can Do ......................................................... .... ..... 7 1. ...... Plan ..................................................................... .................. 15 2. Practice ...................................................................... .................. . 19 3. Communicate .......:....................................................... .............. ... 25 4. Prepare Your Local Government ...................................... .............. .... 29 5. Aggressively Seek Funding-Find and Use Resources ............ ......... ......... 30 Part Two: Key Issues .................................................................. ............... ..... 31 1. Attacks with Conventional Explosives ................................ .............. ..... 32 2 Bioterrorism ................................................................ ................... . 3 Nuclear and Radiological Attacks ...................................... ................... . .............44 4. Cyberterrorism ........................................................... ....... ..........'......... 51 5. ..................... Interoperability ...................................... . 58 6 ....... Training ............................................................. .................... . . 63 7. Crisis Communication ................................................... ........ ........... ............... 69 Appendix A: Comprehensive List of All Resources in Part One ................. ......... 75 Appendix B: Comprehensive List of All Resources in Part Two ....................... J A Message from the Working Group on Homeland Security The terrorist attacks on September 11, 2001, had far-reaching impacts on American life. Among the many things that changed were the roles and responsibilities of municipal governments across the country. Over the past year, local officials have been called upon to play a new and expanded leadership role in ensuring the security of their hometowns and in restoring the confidence of a shaken public. In January 2002, NLC President Karen Anderson, Mayor of Minnetonka, Minnesota, established a special Working Group on Homeland Security. The group's charge: to serve as a front-line resource on the issue for the National League of Cities and to advise the NLC leadership and staff on emerging topics and local needs. It is clear from the group's work over the past year that homeland security is now atop priority for citiesand-towns of all sizes and in all parts of the country. It will continue to be a priority. Homeland security is .. . At our first meeting, the members of the working ` group reached three conclusions about homeland security that have guided our activities (see box). In the months since, we have affirmed that the primary goal of every city in America - large or small, urban or rural, inland or on the coast - is to be a safe city. That means a place where residents feel safe, secure, and confident that local leaders know what to do in case of an emergency. This guidebook is designed to help local leaders achieve the goal of making their cities safe. It is being published in tandem with a companion document that focuses on federal resources for local governments working on these issues (see page 29). The primary goal of Recognizing that the precise steps local officials take to every city in America is to ensure hometown security will be as individual as the be a safe city, a place where communities they govern, this document provides some residents feel safe, secure, basic tools for navigating this complex issue. It provides and confident that local a framework for action, issues to think about, examples of leaders know what to do in local approaches, and contacts for specific information. These resources will be updated and expanded on a case of an emergency. regular basis to include new issues, new examples, and new approaches as they come to light. As local officials who share in the enormous responsibility of securing our hometowns, we have appreciated the opportunity to work together to provide support, guidance, and resources to our colleagues and friends across the country. We applaud your interest in doing a better job securing your hometown, and we wish you all the best. • A responsibility that America's cities and towns are ready, willing, and able to assume as the front line of hometown defense; • A responsibility that will not go away; and • A responsibility that will require dedication of new public funds to ensure long-term readiness for threats that were only considered a remote possibility before September 11, 2001. • 2002 NLC Working Group on Homeland Security "' Co Chairs Michael Guido, Mayor, Dearborn, MI Mary Poss, Mayor Pro Tem, Dallas, TX Members Rocky Anderson, Mayor, Salt Lake City, UT Patrick Avalos, Councilmember, Pueblo, CO Michael Bahun, Councilmember, Kettering, OH Brenda Barger, Mayor, Watertown, SD Patricia Dando, Councilmember, San Jose, CA C. Virginia Fields, Manhattan Borough President, New York, New York Dan Furtado, Vice Mayor, Campbell, CA Ed Garza, Mayor, San Antonio, TX , Karen Geraghty, Mayor, Portland, ME Neil Giuliano, Mayor, Tempe, AZ Glenda Hood, Mayor, Orlando, FL Charles Jennings, Commissioner, Arkansas City, KS Michael Keck, City Duector, Little Rock, AR Sylvia Lovely, Executive Director, Kentucky League of Cities Paul McLaughlin, Councilmember, International Falls, MN . Brian O'Neill, Councilman, Philadelphia, PA Evelyn Turner Pugh, Councilor, Columbus, Georgia ~" Anthony Williams, Mayor, Washington, DC Ex Officio Karen Anderson, Mayor, Minnetonka, MN; NLC President • ..A Introduction As the events of September 11, 2001, made only too cleaz, terrorists attack cities. Cities and towns are population centers, as well as hubs of transportation, communications, and economic activities. Cities and towns also provide the largest vaziety of targets-tall or significant buildings, federal installations, centralized infrastructure-that appeal to terrorists because of the potential to impact lazge numbers of people. The fact that cities are the most likely targets of terror means city leaders throughout the country play a critical role in preventing and responding to attacks. Without a doubt, the most important responsibility of municipal officials is to coordinate disaster response efforts during the first 24 to 72 hours after any emergency, a critical time period during which state and/or federal authorities may not be sufficiently equipped to help. The topic of disaster prepazedness and response Without a doubt, the most confronts local elected officials with a wide range important responsibility of of tough questions, including: municipal officials is to coordinate disaster response • What is the likelihood of an attack in my efforts during the first 24 to community? 72 hours after any • What will it take to protect my community? emergency. How can homeland security be incorporated into my community's current emergency plan? • How can I make homeland security planning a priority while meeting the day-to-day needs of my community? Within this document, NLC has compiled the most up-to-date information available to help you find specific answers to these and other questions. No single government agency at the local, state, or federal level possesses the authority or expertise to act alone on the many complex issues connected to terrorism. Coordinating planning and assigning responsibilities across and among the different levels of government is an evolving process. As a result, NLC will continue to update this document as things change. Our goal is to provide you with the best and the latest information so you can keep your homeland security planning efforts fresh and up to date. J PART ONE:. WHAT YOU CAN DO "- The NLC Working Group on Homeland Security concluded that local elected officials have five primary roles to play in ensuring the security of their hometowns. Here's what you can do: 1. Plan 2. Practice 3. Communicate 4. Prepare Your Local Government 5. Aggressively Seek Funding-Find and Use Resources The remainder of this document provides more information on how local officials can fulfill these roles, as well as examples showing how cities and towns across the country are doing exactly that. IMPORTANT: The Working Group is fully aware that these are not the only roles that local elected leaders play on this issue. You may identify other ways you can help make sure that your community is doing everything it can to prepare for and prevent attacks. The key is to work with others to figure out the best approach For your hometown-and then to get to work making it a safer place. • ~,.~ 1. Plan "Rather than create different emergency response plans for every type of natural or manmade disaster, communities should develop one overriding plan applicable to most situations. Leaders of cities and counties must agree upon, achieve, and maintain a minimum level of preparedness with possible current resources, then build upon those capabilities." -Preparing for Terrorism: What Every Manager Needs to Know by Howard Levitin, MD, FACEP, International City/County Management Association (ICMA), 2001 As Dr. Levitin suggests, the best place to start your city's planning efforts for hometown security is with your current emergency plan. Every community has an emergency plan of some kind- whether it is for tornado or flood response, Y2K plans, reaction to a hazmat emergency, or law enforcement coordination for a public protest. The fast thing you can do is to review and assess the plan (or plans) you have in place, together with your existing city/county disaster plans and mutual-aid agreements, and consider their applicability in the event of a terrorist attack. Lessons from the Working Group on Homeland Security • Define and communicate clearly who's in charge and who is responsible for specific response components. • Be prepazed to operate alone in an emergency for 24 to 48 hours before other local state/Federal support arrives. • Plan for continuity of government during and after an emergency. • Prepare boilerplate emergency proclamations, citizen alerts, and other important documents in advance so they can be put into effect immediately, and be sure to have all mutual aid agreements signed and in place. • Make sure you are taking full advantage of technologies that can support and streamline emergency preparedness, response, and recovery. As you review the existing plans, consider not just the obvious items (coordinating police, fire, and emergency management services), but other issues as well. For example, what you would need to do differently in the event of a biological incident? Or, how could you best coordinate transportation options to conduct an evacuation of your city or town? Your Role in Local Planning. Local elected officials can find themselves playing a variety of roles in local emergency planning activities. Three important roles you can play are as coordinator, liaison, and representative. • Coordinator. As a local elected official, it is your job to coordinate critical city services such as law enforcement, emergency medical services, and social services. As you prepaze and test your city's emergency plan, make a point of clarifying and defming the roles of each city department and each department head to prevent gaps or overlaps of function. This is why every city's plan should establish responsibility and points of decision-making authority. One of your most important responsibilities during an emergency event will be to meet regularly with department heads so you Can continuously monitor the work of their departments and adjust functions and responsibilities as necessary. Liaison. Local officials also will find themselves in the role of liaison among various federal and state agencies, city departments, the business community, and the public. In order to perform this role effectively, it is important to maintain regulaz contact with state and federal entities, such as the state police and the regional FBI office. Your job is to understand their roles as well as their needs in an emergency situation, and to communicate these roles and needs to city departments. Similazly, local elected officials , should act as a link to city government for both the business community and the public, working to ensure that their needs and concerns are met. Representative. Local officials also should act as representatives of their cities in the wider,regional emergency planning effort. Most regions and metropolitan areas, regardless of size, have some kind of regional coordination effoit in place, such as mutual . aid agreements or transportation plans. Take advantage of these regional efforts and use them as a foundation for discussing regional emergency planning. If no regional entity ~ exists, work to convene one. As a representative of your city, articulate your needs as well as the contributions that your city can make to a region-wide emergency plan, and work to build consensus among al] jurisdictions about what needs to be done and how. Assessing Local Risk (and Resources). Risk assessment is a critical step in community planning. Among the key questions: What could potentially be a target? In the course of this assessment, you will also want to work with your regional partners to identify potential tazgets in the surrounding communities. Potential terrorism targets in America's cities include: Ports of entry -airports, harbors Water systems • Energy supplies • Transportation infrastructure -highways, roads, bridges, rail lines, tunnels • Military installations Other federal facilities (buildings, research labs, nuclear plants) • Schools/universities • International borders • Government buildings (city, state, federal) • Stadiums, arenas, convention centers • • Other large buildings (high-rises), landmarks, monuments ~. Communications and technology infrastructure • Power plants • Hospitals/medical facilities Your city's plan also should include an assessment of your existing financial, personnel, and equipment resources. While the reallocation of some of these resources may meet most of your requirements, it is important to prioritize expenses based on the most serious risk factors in your community. Issues to Consider. In addition to assessing your risk and the resources at your disposal, your hometown security planning should include serious consideration of such issues as the following: • What other government entities and private organizations should be part of your planning? • What is the nature or status of your relationships with these entities, and'how can you build stronger ties? • In the event of an emergency, what would the chain of cotnmand look like, and who should be notified first? • Can everyone communicate-i.e., do they have the right equipment and are there any language barriers? • How will you communicate critical information to citizens and those outside the immediate area? Other Resources. There are a number of good resources on emergency planning for cities and towns. Two important sources of information and assistance for local officials are the Federal Emergency Management Agency (FEMA) and state municipal leagues. Emergency Planning Should Include: • City Administration • Law Enforcement • Fire/BMS . Public Works • Utilities (water, electric, gas, phone) • Transportation • Telecommunication • Local FBI office • State homeland security office • State Attorney General's office • County public health officials • Local hospitals • Neighboring communities • Local businesses '~ • American Red Cross • Cornmunity groups • Council of Governments • Local nonprofit organizations FEMA. According to the Federal Emergency Management Agency (FEMA), a jurisdiction's emergency operations plan is a document that: • Assigns responsibility to organizations and individuals for carrying out specific actions at projected times and places in an emergency that exceeds the capability or routine responsibility of any one agency, e.g., the fire department. • Sets forth lines of authority and organizational relationships, and shows how all actions will be coordinated. • Describes how people and property will be protected in emergencies and disasters. • Identifies personnel, equipment, facilities, supplies, and other resources available- within the jurisdiction or by agreement with other jurisdictions-for use during response and recovery operations. • Identifies steps to address mitigation concerns during response and recovery activities. For more detailed guidance from FEMA, visit the sites listed under Resotuces below. ~.. State Municipal Leagues. The Kentucky League of Cities and the NewCities Foundation have developed a useful hometown security guide for public officials, in addition to holding a seminar on the topic in January 2002. The guide, which can be found on the Kentucky League of Cities website (htto'/%www k_lc org_/terrorism2.htm), identifies four steps in the hometown security planning process: 1. Establish a Planning Team. The planning team should be a broadly representative group, including law enforcement, fireBMS, city administration, utilities, telecommunications, transportation, community representatives, and businesses. 2. Analyze Capabilities and Hazards. Gather information about current capabilities, plans, and resources (internal and external), and conduct a vulnerability assessment. 3. Develop the Plan. The plan should describe the city's emergency management policy; identify the authority and responsibilities of key personnel; outline the types of emergencies that could occur; and explain specific response procedtues. 4. Implement the Plan. To ensure that the plan is implemented successfully, municipal officials and others should act on recommendations made during the vulnerability analysis; integrate the plan into d rovide tra nin ,,land evaluae and update the plan on county, state, and federal plans; p g' a regulaz basis. Other state leagues have provided similaz information for elected officials in their states. V Check with your league to see what's available. • First Steps for Preparedness • Systematically evaluate current capabilities and deficiencies. • Perform a risk assessment and vulnerability analysis of the community. • Ensure that local hospitals are prepared to treat victims of a terrorist attack. • Evaluate the current capabilities of the fue department's response to HAZMAT incidents. • Meet with those responsible for emergency medical services to assess their current scope of practice as it pertains to terrorist events. • Cross-train the appropriate responders in order to avoid having to create and fund additional response teams. • Provide frequent, brief training programs to medical personnel to ensure their participation in the preparedness process. • pevelop mutual aid agreements with surrounding communities to ensure better use of existing resources during any type of disaster. • Incorporate the business community into the planning process. Source: Preparing for Terrorism: What Every Manager Needs to Know by Howard Levitin, MD, FACEP, International City/County Management Association (ICMA), 2001. Examples San Jose, CA (Population: 894,943). San Jose has a comprehensive and far-reaching civil defense plan to respond to terrorist attacks and other large-scale emergency incidents. Coordinated by the city's Office of Emergency Services, and developed with the fall participation of the mayor, council, and department heads, the plan includes sepazate protocols for handling both non-terrorist disasters, such as industrial accidents, and terrorist incidents that frequently require more forensic investigation. While much of the plan is kept secret, it is known to involve the stockpiling of antibiotics to fight disease outbreaks and the use of gas detectors and robots to handle hazardous chemical releases. Also under the plan, doctors at azea hospitals keep bioterrorism manuals on hand to help them quickly identify symptoms that point to a hazardous substance attack. The plan, which is funded by both the city and the federal government, includes the support of the San Jose Metropolitan Medical Task Force, a terrorism response unit that includes police, fire, and medical personnel. Worcester, MA (Population: 172,648). Worcester has a security task force to prepaze for and respond to acts of bioterrorism. In the wake of anthrax scazes in the fall of 2001, the task force reviewed city policies, procedures, and preparedness for such things as disease testing, security and storage of potentially hazardous materials, and response to hazardous materials releases. Worcester officials also made recommendations concerning education, training, and deployment of emergency personnel, the procurement of special supplies and equipment, and the need for operational changes in city departments. Chaired by a city public health officer, the task force includes representatives from the police, fire, public works, emergency management, and city schools departments. 10 SARATOGA MEETING DATE: July 21, 2004 ORIGINATING DE~Ty~ity Manager PREPARED BY: CITY COUNCIL AGENDA ITEM: CITY MANAGER: ~~~ DEPT HEAD: SUBJECT: Designation of Voting Delegate for League of California Cities Annual Conference RECOMMENDED ACTION: That Council designate a voting delegate. REPORT SUMMARY: The League of California Cities Annual Conference is scheduled for Friday, September 17 - Sunday, September 19, 2004 in Long Beach. The League bylaws provide that each city is entitled to one vote in matters effecting municipal or League policy. The deadline to return the "Voting Delegate Form" to the League of California Cities is Friday August 20, 2004. The deadline to register to attend the conference is Friday, August 20, 2003. Please contact Ann Sullivan, Secretary to the City Manager, if you are interested in attending. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not be represented at the 2004 League Conference. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Send Voting Delegate Form to the League. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Voting Delegate Form HenAgnarterz 1400 K SrxEE'r SACAAIAEN'[O, ex: (916) 658-8 ~: (916) 658-82 0 Southern Crzli/ornia U~r, 602 East Huntingon Dc, Ste. C Monrovia, CA 91016 rx: (626) 305-1315 ex: (626) 305-1345 ~ LEAGUE OF CALIFORNIA CITIES a~w.~.otcrn es. uxc June 30, 2004 To: The Honorable Mayor and City Council From: Ron Loveridge, League President, Mayor, Riverside Re: Designation of Voting Delegate for 2004 League Annual Conference The League's 2004 Annual Conference is scheduled for Friday September 17 through Sundav. September 19 in Long Beach. One very important aspect of the annual conference 1s the annual business meeting where the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Annual Business Meeting on Sunday, September 19, at 10:15 a.m. at the Long Beach Convention Center. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be registered at the conference and present at the Annual Business Meeting. A voting card will be given to the city official that is designated and indicated on the enclosed "Voting Delegate Form" Please complete and return the enclosed form to the League's Sacramento office at the earliest possible time (not later than Friday, August 20, 2004), so that proper records may be established for the conference. The city's designated voting delegate may pick up the city's voting card at the Voting Card desk located in the League registration area. The Desk will be open on September 17, 18, and 19. Voting cards should be picked up before the Annual Business Meeting on September 19. The voting procedures to be followed at this conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236. l ~ o EAR o~E ~ ~: CITIES 2004 ANNUAL CONFERENCE VOTING DELEGATE FORM J CITII': 1. VOTING DELEGATE: (Name) 2. VOTING ALTERNATE: (Title) ATTEST: (Name) (Title) PLEASE COMPLETE AND RETURN TO: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 Fax: (916) 658-8240 Deadline• Friday Auaust 20, 2004 O.U,EGISLTV~POLICYUCRES~00 Mnuel ConferenuVma, VO¢Del Ob.doc