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Home My WebLink About09-01-2004 City Council Agenda Packetu AGENDA ~~ REGULAR MEETING SARATOGA CITY COUNCIL SEPTEMBER 1, 2004 ARCHIVE COPY OPEN SESSION - 5:30 P.M. JOINT MEETING WITH MONTALVO BOARD CLOSED SESSION - 6:30P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER Conference With Labor Ne otg iators (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 Manager Conference With Legal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) 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 August 26, 2004) COMMUNICATIONS FROM COMMISSIONS 3z PUBLIC Oral Communications on Non-Aaendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff: 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. Written Communications None Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS lA. Darren Deffner/ PG&E -Non-residential Energy Efficiency Programs Recommended action: Informational only. 1B. Valley Transportation Authority -Community Bus Service Program Recommended action: Accept report and provide input to VTA. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Approval of City Council Minutes -July 21, 2004 Recommended action: Approve minutes. 2B Approval of City Council Minutes -August 9, 2004 Recommended action: Approve minutes. 2 2C. Approval of City Council Minutes -August 11, 2004 Recommended action: Approve minutes. 2D. Approval of City Council Minutes -August 16, 2004 Recommended action: Approve minutes. 2E. Approval of City Council Minutes -August 18, 2004 Recommended action: Approve minutes. 2F. Approval of Check Register Recommended action: Approve check register. 2G Contract Extension for Allison Knapp, Consulting Senior Planner for the Barry Swenson/Quito Road Project Recommended action: Approve employment agreement extension with Allison Knapp not to exceed $20,000 without further Council authorization. 2H. Adoption of Utility User Tax Ordinance Subject tot Voter Approval Recommended action: Adopt ordinance to become effective only if approved by the voters of the City of Saratoga. 2I. Parks and Recreation Commission Meeting Time Change Request Recommended action: Adopt resolution. 2J. Contract Renewal for City Surveyor Recommended action: Approve two-year contract renewal with McDowell Associates and authorize City Manager to execute the same. 2K. Contract Renewal for City Geotechnical Consultant Recommended action: Approve two-year contract renewal with Cotton, Shires & Associates and authorize City Manager to execute the same. 2L. Contract Renewal for Monthly Landscape Maintenance Services Recommended action: Approve one-year contract renewal with Gachina Landscape Maintenance and authorize City Manager to execute the same. 2M. State of California Department of Park and Recreation 2002 Resources Bond Act (Proposition 40): Approval of the Per Capita Grant Resolution and Robert- Z'Harris Urban Open Space and Recreation Program Block Grant Resoltuion Recommended action: Adopt resolution in support of the 2002 Per Capita Grant Program; adopt resolution in support of Robert-Z'Berg-Hams Block Grant Program. 2N. Amend the Budget for FY2004/OS to Carryover Revenue Received in FY2002/03 for the Califomia Law Enforcement Equipment Program (CLEEP) Recommended action: Adopt resolution. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting. 3 Amendment and Extension of an Interim Ordinance Prohibiting New Personal Services Businesses on the Ground Floor Fronting a Street in the Village Recommended action: Conduct Public Hearing and adopt ordinance. OLD BUSINESS 4. Grant Opportunities Review by City Council /Review of Grant Writer Utilization and Guidance Policy Recommended action: Review grant opportunities and provide direction to staff; Review Grant Writer Utilization and Guidance Policy for possible changes. 5. Review Councilmember Assignments to DeAnza Trail Task Force Recommended action: Accept report and direct staff accordingly. NEWNEW B_ USINESS 6. Santa Clara County Sheriff s Office Contract Recommended action: Accept and authorize City Manager to execute the Law Enforcement Contract with Santa Clara County. West Valley Mission College Stadium Recommended action: Accept and authorize City Manager to Stadium at West Valley College. execute the Agreement Pertaining to a 4 8. Permission to Fill Facilities Maintenance Worker UII Position Vacancy Recommended action: Council designate the position as "essential" and authorize the City Manager to fill the Facilities Maintenance Worker UII position. AGENCY ASSIGNMENTS Mavor Ann Waltonsmith Hakone Foundation Liaison Santa Clara County Cities Association Sazatoga Historic Foundation Sister City Liaison Vice Mavor Kathleen King Chamber of Commerce County Cities Association Legislative Task Force SASCC Liaison Councilmember Stan BOQOSIan County HCD Policy Committee Emergency Planning Council KSAR Community Access TV Boazd Northern Central Flood Control Zone Advisory Board Councilmember Norman Kline Association of Bay Area Government Library Joint Powers Association Peninsula Division, League of California Cities SBDC (Unofficial) Valley Transportation Authority PAC 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 City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title 77). Certificate of Posting of Agenda: I, Cathleen Boyer, Ciry Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on August 25, 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 www saratoea.ca.us Signed this 25`" day of August 2004 at Saratoga, California. Cathleen Boyer, CMC, City Clerk CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 9/15 Regulaz Meeting 10/6 Regular Meeting 10/20 Regulaz Meeting 11/3 Regular Meeting 11/17 Regulaz Meeting 12/1 Regular Meeting 12/15 Regulaz Meeting 6 SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: .~ CITY MANAGE ~ DEPT HEAD: w` SUBJECT: Valley Transportation Authority Presentation -Community Bus Service Program RECOMMENDED ACTION(S): Accept report and provide input to the Valley Transportation Authority (VTA) regarding the proposed Community Bus Service Program. REPORT SUMMARY: Background: VTA's 2004-2013 Short Range Transit Plan incorporates the use of smaller capacity vehicles beginning in January 2006. The blend of vehicle types coupled with new routes will be utilized to entice more residents to utilize VTA services. The first pilot program in the County is aimed at serving the West Valley area. Some of the anticipated benefits of the proposed program include: • Use of smaller vehicles • Shorter routes • Travel pattern matches • Route flexibility • Improved mobility • Lower cost • Customizable • Connectivity to major transit hubs • On demand stops and pick-ups • Allows deviation from main routes Discussion: On August 11, City staff attended the first meeting regarding the proposed Community Bus Service Program. In attendance were representatives from Los Gatos, Cupertino, Campbell, Monte Sereno, and San Jose. It was agreed that the first step in developing the service would be a short presentation to each City Council by VTA staff. VTA staff will present the information that was presented at the August 11 meeting, which will include an overall description of the proposed bus service, the timeline for its implementation, and the public input process. 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 City Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 ORIGINATING DEPT: City Manager's Office ~~. PREPARED BY: Cathleen Boyer, Clerk SUBJECT: City Council Minutes AGENDA ITEM: CITY MANAGE ~CR- "` t^-~ DEPT HEAD: RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -July 21, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes July 21, 2004 MINUTES SARATOGA CITY COUNCIL JULY 21, 2004 The City Council of the City of Saratoga held a Joint Session with the Saratoga Chamber of Commerce in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following members of the Chamber Board were present: President Glynis Wineinger, Vice President Gordon Duncan, Treasurer Monica Bailey, Secretary Jim Huber, and Executive Director Kristen Davis. President Wineinger noted that the Chamber was present this evening to continue to enhance their relationship with the City. President Wineinger noted that a CounciUChamber AdHoc Committee has been working together for the past yeaz to enhance communications and develop better teamwork. President Wineinger requested that continued efforts be focused on the following: • Revitalization of the Business District in the City of Saratoga o Amend the sign ordinance o Amend the hours of operations • Business Directory -need funds to distribute the directory to every resident A discussion took place in regards to the $5,000 the City did not provide the Chamber this yeaz for distribution of the Chamber Directory. Vice Mayor King pointed out that the City had to make many cuts during the past two years and fully funding the Chamber would not have been appropriate. Also, Vice Mayor King pointed out that it would have been hard to fund the directory when only Chamber members were listed in it. Executive Director Davis noted that the business community requested that the Directory be mailed to every resident. Executive Director Davis stated that the directory is valuable to the City because several pages are dedicated for community information at no charge to the City. Executive Director Davis stated that the directory is not just an advertising tool. A Discussion took place in regards to the recent Montalvo Shuttle Program. Councilmember Kline introduced the Village AdHoc's Draft Village Development Plan. Councilmember Kline explained the goals and objectives, the overview of the Development Plan, Village promotion, Village design & enhancements, and Village economic restructuring. Councilmember Kline pointed out that the Development Plan would only work if the City formed a Redevelopment Agency. Councilmember Kline noted that the Development Plan would start out in the Village and over time spread to all if the other business districts in the City. President Wineinger pointed out that some businesses were leaving the Gateway due to design issues with the Master Plan. President Wineinger suggested that the City seek out businesses that would increase sales tax revenue. Councilmember Kline noted responded that staff was working on all areas of Saratoga to bring in new businesses. Mayor Waltonsmith thanked the Chamber for attending tonight's Joint Session. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. Conference With Leeal Counsel -Existing Litigation (Gov't Code Section 54956.9(c): (1 case) -Thompson Pacific Construction v. City of Saratoga (Santa Claza County Superior Court Action No. 104 CV021639) Conference With Labor Ne ohg 'ators (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 MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. - Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: Councilmember Nick Streit ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Ann Sullivan, Secretary to the City Manager Pete Kolf, Administrative Services Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 21, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 21, 2004 was properly posted on July 15, 2004. City Council Minutes 2 July 21, 2004 COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Ray Davies noted that he was a Los Gatos resident. Mr. Davies stated that he was present this evening to discuss to issues. Mr. Davies told the Council about an incident that happened at the Town's July 4`h celebration involving Mayor Steve Glickman. Mr. Davies stated that Mayor Glickman, failed to read the names of the local men and women serving overseas. Mr. Davies presented the Council copies of the Los Gatos Weekly and pointed out that the editorial discussed the incident. Mr. Davies stated that the second issue he wanted to discuss were his concerns regarding safety on Highway 9. Mr. Davies stated that he has attending several meetings in regards to this issue and recently reviewed the VTA's timeline for the project. Mr. Davies stated that the timeline only mentioned the stripping project but failed to mention the pedestrian crossing. COMMUNICATIONS FROM COMMISSIONS Glynis Wineinger, President of the Saratoga Chamber of Commerce, thanked the City Council for the opportunity to meet with them prior to the City Council meeting. President Wineinger noted that their intent is to continue to communicate with the City and to work towards some common goals that would affect all businesses in the City. President Wineinger noted that the Chamber feels that the City understands the concems of the business and they look forward to working together to enhance all the business districts in the City. In regazds to "Celebrate Saratoga", President Wineinger announced that it would be held on September 18`h from 5:30 p.m.-10:30p.m. President Wineinger stated that they aze still looking for volunteers to help with this event. President Wineinger announced that the Chamber started two new projects for 2004 - a networking group and Witchy Walk-A-Bout (October 31, 2004). President Wineinger stated that for more information regazding Chamber events visit their website at wwwsazatosachamber.or>;. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None City Council Minutes 3 July 21, 2004 ANNOUNCEMENTS Mayor Waltonsmith announced the following information: - • Tonight's meeting was being dedicated in memory of Andrew Bedazd, a third grader who attended Saratoga Elementary School. Andrew unexpectedly passed away approximately 2 weeks ago. • Four vacancies were available on the Librazy Commission to fill expired terms. Applications and information regazding these vacancies aze available on the City `s website at www sazatoaa.ca.us or by contacting the City Clerk's Office. Deadline to file is September 9, 2004. Town Hall meeting hosted by Senator McPherson at the Senior Center on July 23, 2004 from 6:00 p.m.- 8:00 p.m. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR lA. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KIN/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH STREIT ABSENT. 1B. ACCEPTANCE QUITCLAIM OF REAL PROPERTY FROM SANTA CLARA VALLEY WATER DISTRICT TO THE CITY OF SARATOGA STAFF RECOMMENDATION: Adopt Resolution accepting Quitclaim of Real Property from Santa Claza Valley Water District to the City of Sazatoga. TITLE OF RESOLUTION: 04-056 KING/KLINE MOVED TO ADOPT RESOLUTION ACCEPTING QUITCLAIM OF REAL PROPERTY FROM SANTA CLARA VALLEY WATER DISTRICT TO THE CITY OF SARATOGA. MOTION PASSED 4- 0-1 WITH STREIT ABSENT. City Council Minutes 4 July 21, 2004 1C. BUILDING SITE APPROVAL FOR ONE LOT LOCATED AT 22122 MT. EDEN ROAD -OWNER: HORVATH STAFF RECOMMENDATION: 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. TITLE OF RESOLUTION: BSA-02-062 KING/KLINE MOVED 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. MOTION PASSED 4-0-1 WITH STREIT ABSENT. 1D. KEVIN MORAN PARK IMPROVEMENT PROJECT -CONSULTANT SELECTION STAFF RECOMMENDATION: 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. TITLE OF RESOLUTION: 04-057 KING/KLINE MOVED TO 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. MOTION PASSED 4-0-1 WITH STREIT ABSENT. IE. REQUEST TO CHANGE ARTS COMMISSION MEETING TIME STAFF RECOMMENDATION: Adopt resolution approving the change in meeting time. TITLE OF RESOLUTION: 04-058 KING/KLINE MOVED TO ADOPT RESOLUTION APPROVING THE CHANGE IN MEETING TIME. MOTION PASSED 4-0-1 WITH STREIT ABSENT. 1F. PROPERTY TAX LEVY TO SERVICE THE DEBT ON THE LIBRARY BOND STAFF RECOMMENDATION: Adopt resolution approving the increase in property taxes. TITLE OF RESOLUTION: 04-059 Mayor Waltonsmith noted that Interim Finance Director Kolf requested that item ~- 1F be removed from the Consent Calendar. CiTy Council Minutes 5 July 21, 2004 Interim Finance Director Kolf explained that at the time the staff report was prepared he had not yet received the assessed valuation of City from the County Assessors Office and consequently could not recommend the specific tax levy on the library genera] obligation bonds. Interim Finance Director Kolf noted that the County recently contacted him and he was able to calculate the tax levy, which is reflected in the amended resolution. The recommend rate of the property tax level is 1.484 cents per $100 per assessed valuation. KLINE/KING MOVED TO ADOPT RESOLUTION APPROVING THE INCREASE IN PROPERTY TAXES AS AMENDED. MOTION PASSED 4- 0-1 WITH STREIT ABSENT. PUBLIC HEARINGS 2004 HAZARDOUS VEGETATION MANAGEMENT PROGRAM - ASSESSMENT REPORT STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution TITLE OF RESOLUTION: 04-060 Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that 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. City Clerk Boyer explained that 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 parcels 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. City Clerk Boyer noted that Debbie Craver from the County Fire Marshall's Office was present this evening to answer any questions that the Council may have. Vice Mayor King stated that that the last two years the Council asked the County to sent two notices to property owners. Vice Mayor King asked if the County was complying with this request. City Council Minutes 6 July 21, 2004 Debbie Craver, Program Coordinator/County Fire Marshall's Office, responded that in addition to the packet that is sent out in December and the two additional cards, the County also sent a 15-day reminder notice that was sent out two weeks before the abatement was scheduled. Mayor Waltonsmith opened the public hearing and invited public comments. Kim Foster noted that she was the owner of pazcel #513-13-140 and was present this evening to request that the City Council waive the administrative fee of $1,345.00. Ms. Foster noted that she has lived at this property since 1997 and has always complied in a timely manner. Ms. Foster stated she did not receive the packet in December and furthermore when she received the postcard from the County it was postmarked May 28th, which only gave her less than two weeks to comply. Ms. Foster noted that she contacted a local contractor, Matt Novacovich, to cut the weeds before the deadline. Ms. Foster noted that Mr. Novacovich never completed the job. Ms. Foster stated that this was the first time she was not in compliance. Mayor Waltonsmith closed the public hearing. Vice Mayor King asked if the City grants the fee waiver, who would pay the administrative fee. Coordinator Craver responded that the fee would not be recovered. Coordinator Craver noted that this particular property was abated two months after the compliance deadline. Councilmember Kline noted that there is a procedure place, which has worked well in the past. Councilmember Kline noted that if the fee were waived for one person then more people would expect the same. Councilmember Kline stated that he does not support waiving the administrative fee. City Manager Anderson stated that when this problem happened two yeazs ago, Council instituted the extra noticing to help property owners mitigate abatement before the County did it for them. KLINE/KING MOVED TO ADOPT RESOLUTION CONFIRMING REPORT AND ASSESSMENT OF BRUSH ABATEMENT CHARGES. MOTION PASSED 4-0-1 WITH STREIT ABSENT. OLD BUSINESS 3. COMER DEBRIS SEDIMENTATION REMOVAL PROJECT UPDATE STAFF RECOMMENDATION: Accept report and provide direction to the Santa Clara Valley Water District regazding the Comer Bridge Sedimentation Removal Project. John Cherbone, Public Works Director, presented staff report. City Council Minutes 7 July 21, 2004 Director Cherbone noted that on July 20`h the Council toured the site along with the Santa Clara Valley Water District and several neighbors. Director Cherbone noted that Beau Goldie from the District was present this evening to fiuther explain the project. Beau Goldie, Santa Clara Valley Water District/Assistant Operating Officer, presented that background of the project and explained the sediment removal plan. Mr. Goldie noted that the project was scheduled to start on August 2, 2004 and would take approximately 10 days. Mr. Goldie pointed out that sediment removal projects were planned for the Wildcat Creek @ Fruitvale and Wildcat Creek @ Portos. Mr. Goldie stated that three bank repair projects were planned for Saratoga Creek upstream @ 4a' Street, Saratoga Creek @ Walnut, and Saratoga Creek downstream @ Walnut. Mayor Waltonsmith thanked Mr. Goldie for his presentation. Bob Wallace noted that he lived downstream of the Comer Debris Basin. Mr. Wallace stated that he had no particulaz objection to the project but feels it is only a temporary solution. Mr. Wallace stated that a permanent solution would be to remove the bridge. Responding to Mr. Wallace's comments, Mr. Goldie explained that the removal of the bridge is scheduled in District's CIP for 2014. Mr. Goldie stated that the project could become a part of the Miller/Wardell Project if the study shows that the removal of the bridge would help mitigate problems at Miller/Wazdell. Mayor Waltonsmith thanked everyone for attending tonight's meeting. 4. VTA OPERATOR'S FACILITY -AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: Adopt resolution amending the annual budget of the City of Sazatoga for FY2004- OS to provide financing for the VTA Operator's Facility; 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. TITLE OF RESOLUTION: 04-061 & 062 John Cherbone, Public Works Director, presented staff report. Director Cherbone presented the background of the project. Director Cherbone explained that in a mutual effort to relocate the facility, the City of Sazatoga and the Valley Transportation Authority entered into a Cooperative Agreement in December 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 of $225,000 the Council approved $18,826 for architectural City Council Minutes $ July 21, 2004 and engineering design services performed by Bill Gould Design. Director Cherbone stated that $206,174 remained in the budget for construction. Director Cherbone pointed out that the project went to bid in December 2003 and all bids were considerably over the budget limit with the lowest bid of $325,000. Director Cherbone noted that staff reviewed the design and modification were made to lower the construction costs. Staff met with the lowest bidder and renegotiated a revised proposal. Based on the 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 budget 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 discuss 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. Director Cherbone noted that staff was recommending that George Bianchi Construction Inc. be the lowest bidder on the project and award the construction contract to this firm in the amount of $221,148. Robert Lee thanked the City Council and VTA for supporting the project. Mr. Lee commended Director Cherbone for his diligence and dedication to the project. Bret England stated that this project has been going in on for the past 2-''/z years. Mr. England thanked Director Cherbone for his diligence and hazd work. KING/KLINE MOVED TO ADOPT RESOLUTIONS TO AMEND THE ANNUAL BUDGET OF THE CITY OF SARATOGA FOR FY2004-OS TO PROVIDE FINANCING FOR THE VTA OPERATOR'S FACILh - DECLARE GEORGE BIANCHI CONSTRUCTION, INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT; AWARD A CONSTRUCTION CONTRACT FOR VTA OPERATOR'S FACILITY TO GEORGE BIANCHI CONSTRUCTION, INC. IN THE AMOUNT OF $221 148 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME• AND TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT, AND FOR OTHER MISCELLANEOUS WORK ASSOCIATED WITH THE PROJECT UP TO 1$ 5,026. MOTION PASSED 4-0-1 WITH STREIT ABSENT. 5. DESIGN SERVICES FOR BLANEY PLAZA IMPROVEMENTS -PHASE I STAFF RECOMMENDATION: 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. John Cherbone, Public Works Director, presented staff report. City Council Minutes 9 July 21, 2004 Director Cherbone explained the background of the project. Director Cherbone stated that at the July 7`h City Council meeting, Council directed staff to schedule a site visit at Blaney Plaza to discuss the level of work desired to be performed. The level of design work and associated cost would be dependent on the level of improvements made to the plaza. Director Cherbone explained the options as follows: 1) Improve Blaney Plaza per the approved Master Plan and approve design contract. This option would 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. This option would complete the design plans per the Master Plan, but would only implement the plans at a level per Council direction. 3) Improve Blaney Plaza at a level per City Council direction and approve design contract per option 1. This would implement design plans and improvements to Blaney Plaza at a level per Council direction. Director Cherbone noted that dependent on Council direction, design plans and construction documents would be developed for the second phase of improvements to Blaney Plaza. Director Cherbone noted that the work would commence sometime in the late summer with the goal of completing the wok prior to the annual Holiday Tree Lighting event in November. Councilmember Kline stated that he would support spending $12,000 to finish the design, but does not want the construction phase to begin until after the State's budget is passed and the City is more financially stable. Vice Mayor King stated that she would really like to see the Plaza completed before the holiday season. Vice Mayor King stated she supports spending $12,000 to complete the design work. Councilmember Bogosian noted that he would like to get the safety issues Addressed at the Plaza. Councilmember Bogosian noted that he doesn't feel comfortable spending $12,000 on a consultant, he would rather see $12,000 spend on fixing safety issues. Director Cherbone responded that in order to mitigate the safety improvements the correct way it would take more than $12,000, but staff could make temporary repairs until the City can start the construction phase of the project. Councilmember Kline noted that he supports short-term safety solutions. Mayor Waltonsmith noted that she supports finishing the design work and mitigating the safety hazards. Director Cherbone noted that he would schedule a walk through with his staff to determine what they can do in house. _ Councilmember Bogosian asked what would be the downside in not awarding the design contract this evening. City Council Minutes 10 July 21, 2004 Director Cherbone responded that if the design contract is not awarded there would be a possibility that in a yeaz from now the cost maybe higher. Councilmember Bogosian noted for the record that he would not be supporting the design contract but fully supports any action to fix safety issues in Blaney Plaza. ICING/KLINE MOVED TO APPROVE PROFESSIONAL SERVICES PROPOSAL FROM GREG ING AND ASSOCIATES NOT TO EXCEED $12 000• DIRECT STAFF TO FIX ALL SAFETY ISSUES IN THE PLAZA INCLUDING THE SIDEWALK AVOIDING ANY DAMAGE TO THE TREES. MOTION PASSED 3-1-1 WITH STREIT ABSENT AND BOGOSIAN OPPOSING. 6. RE-EVALUATION OF COMMISSION RECOGNITION EVENT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Ann Sullivan, Secretary to the City Manager, presented staff report. Secretary Sullivan explained that at the Apri121, 2004 meeting Council directed staff to continue with the traditional dinner at the Sazatoga Country Club. Secretary Sullivan explained that due to recent budget constraints for FY 04-OS Council may want to reconsider its original direction. Secretazy Sullivan stated that an altemative to the formal sit-down dinner at the county club might be an event held at the Civic Center, either in the City Hall Court Yard or the Community Center. Secretary Sullivan stated that this alternative could be catered for approximately $5,000. Consensus of the City Council to cut costs of the Annual Commission Recognition Event to $5,000 and direct staff to contact Hakone Gardens for an alternative location. Jeff Swartz, West Valley Board of Trustee, suggested that staff contact the food service program at the College. Mr. Swartz stated that the program provides catering services and might help cut the costs of the event. NEW BUSINESS REPORT ON UTILITY USER TAX ORDINANCE AND ADVISORY BALLOT MEASURE REGARDING USE OF UTILITY USER TAX REVENUES STAFF RECOMMENDATION: Accept report and provide direction to staff regarding text of ordinance and advisory measure for formal consideration by Council on August 4, 2004. Richazd Taylor, City Attorney, presented staff report. Ci[y Council Minutes 11 July 21, 2004 City Attorney Taylor explained that at its meeting of July 7, 2004 the City Council received the report of the Revenue Review Committee and directed staff to prepaze the necessary documentation to submit a utility user tax and companion advisory measure for voter consideration at the November election. City Attomey Taylor noted that a draft tax ordinance and a draft advisory measure were included in the staff report. City Attomey Taylor stated that 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. City Attorney Taylor reviewed the recommendations made 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 earmazked for any specific purpose City Attorney Taylor pointed out that because the tax would not be restricted by the terms of the measure, Council also requested that staff prepaze 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. City Attomey Taylor explained the exemptions stating 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). City Attorney Taylor noted that staff is not awaze of compazable 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 aze then administered by the City, which determines a user's eligibility and then provides the exemption determination to the utility. City Attorney Taylor explained "Partial Payments" stating that the draft ordinance 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. City Council Minutes 12 July 21, 2004 In regards to wireless services, City Attorney Taylor explained that the tax would apply to wireless telephone service as well as traditional phone service. City Attomey Taylor explained that Federal law directs the manner in which wireless service may be 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. City Attomey Taylor noted that a voluntary statewide organization of WT public agencies has been formed to help promote uniformity in the application and collection of WT in California. City Attomey Taylor explained that three recommendation from the "WT Task Force" in regazds to how wireless service be taxed: A. Tax applies, regazdless of where the call originates or terminates, and regazdless 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. City Attomey Taylor noted that the drag ordinance has been structured to use option A. City Attomey Taylor noted that this option was the option used by the majority of the cities whose ordinances were reviewed. - City Attomey Taylor noted that 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. City Attorney Taylor explained that at least four "yes" votes are required to place the measure on the ballot. City Attorney Taylor continued to explain that 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. City Attorney Taylor stated that all general taxes must be considered by the voters at a regular election for members of the City Council. In conclusion, City Attorney Taylor noted that in order to place the measure on the November 2, 2004 ballot, the Council must act no later than August 6, 2004. City Attomey Taylor explained the Advisory Measure and noted that the measure would be placed on the ballot with the WT to provide guidance to the City Council as to the manner in which revenues generated should be spent. City Attorney Taylor noted that the measure lists and describes the following priorities: • Maintaining Streets and Filling Potholes • Repair Aging Curbs and Gutters • Replace Aging Stonn Drains • Sidewalk Improvements and Repairs • Building Bridges City Council Minutes 13 July 21, 2004 In regards to wireless services, City Attomey Taylor explained that the tax would apply to wireless telephone service as well as traditional phone service. City Attorney Taylor explained that 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. City Attorney Taylor noted that a voluntary statewide organization of WT public agencies has been formed to help promote uniformity in the application and collection of WT in California. City Attorney Taylor explained that three recommendation from the "WT Task Force" in regards to how wireless service be taxed: 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. City Attorney Taylor noted that the draft ordinance has been structured to use option A. City Attorney Taylor noted that this option was the option used by the majority of the cities whose ordinances were reviewed. City Attomey Taylor noted that 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. City Attomey Taylor explained that at least four "yes" votes are required to place the measure on the ballot. City Attorney Taylor continued to explain that 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. City Attomey Taylor stated that all general taxes must be considered by the voters at a regular election for members of the City Council. In conclusion, City Attomey Taylor noted that in order to place the measure on the November 2, 2004 ballot, the Council must act no later than August 6, 2004. City Attorney Taylor explained the Advisory Measure and noted that the measure would be placed on the ballot with the LJUT to provide guidance to the City Council as to the manner in which revenues generated should be spent. City Attorney Taylor noted that the measure lists and describes the following priorities: • Maintaining Streets and Filling Potholes • Repair Aging Curbs and Gutters • Replace Aging Storm Drains • Sidewalk Improvements and Repairs • Building Bridges City Council Minutes 13 July 21, 2004 • Landscaped Medians • Civic Center Improvements • City Hall Improvements • Civic Theater Improvements • Community Center Improvements • North Campus Improvements City Attorney Taylor stated that this list was 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, City Attorney Taylor noted that the measure suggests fiscal responsibility policies that should be used by the City in managing the funds. City Attorney Taylor explained the policies: • 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% 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 aze spent and report annually to the City Council and to the community. City Attomey Taylor explained that the first two policies were based on principles embodied in the Countywide advisory measure approved by Santa Claza 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. If the WT passes along with the Advisory Measure, Vice Mayor King asked if the citizens could request another advisory measure to change the way the revenue is directed. City Attomey Taylor responded that only the City Council could place another advisory measure on the ballot. Councilmember Kline noted that he doesn't support the draft advisory measure because it is too detailed. Councilmember Kline requested that the City Attorney be directed to draft a general statement on the advisory measure leaving out specific projects. Councilmember Bogosian noted that he disagreed with Councilmember Kline. Councilmember Bogosian stated that the more honest and specific the advisory measure is, the better. City Council Minutes 14 July 21, 2004 Richazd Allen, Chair/Finance Commission, explained that the Finance Commission spent several recent meetings reviewing the city budget and stated to Council that they believe the budget is under-funded. Chair Allen stated that the Finance Commission recommended structural changes at that time. Chair Allen stated that on Monday July 19th the Finance Commission reviewed the Revenue Review Committee's recommendation for a citywide Utility Users Tax. The Commission also discussed infrastructure maintenance data presented by staff. Chair Allen stated that the Commission's review was limited to the information presented and their knowledge of the city budget. Chair Allen stated that after considerable debate the Finance Commission concluded that the RRC's focus on infrastructure, which was their charter, was too limiting when citywide funding alternatives were being considered. Chair Allen stated that the Finance Commission believes that a broader set of budget issues need to be solved. Chair Allen stated that the Finance Commission recommends that the Council have more latitude on the use of the proposed funds. Chair Allen stated that the Finance Commission's recommendation is against a companion advisory measure that would restrict the Council's ability to meet the needs of the community for the short and intermediate term. Chair Allen read the Finance Commission's motion which was passed _ unanimously: "In order to provide an intermediate term solution to the city's budget shortfall and infrastructure deterioration, we recommend: • A Utility Users Tax • A 10-yeaz duration A 5% tax on Phone, Cable, Water, and PG&E • A general use tax giving the Council latitude to: o Fund Infrastructure Maintenance o Support operations-specifically to selectively restore cuts in service levels o Rebuild reserves o Accommodate future cost increases o Solve other needs deemed critical by the Council Further, the Finance Commission will continue to advise the Council on appropriate use of funds." Councilmember Kline thanked the Finance Commission for their review of the RRC's report. Councilmember Kline stated that he supports the Finance Commission's recommendations. John Feinster, President/SASCC, stated that because they are a nonprofit group they cannot take a stand on political issues, but can offer the support of the - members who have come forward. Mr. Feinster stated that many members have stated that they support the City's efforts to generate additional funds. City Council Minutes 15 July 21, 2004 Vice Mayor King noted that she supports a detailed advisory measure. Councilmember Bogosian stated that he does not support the proposed WT as it has been presented this evening. Mayor Waltonsmith thanked the Finance Commission and the RRC for their hazd work and recommendations to the City Council. Mayor Waltonsmith noted that she concurred with Councilmember Kline that the advisory measure should be a general statement. Councilmember Kline added that he would not support the advisory measure as presented this evening. City Attorney Taylor stated that he would draft a more general advisory measure for Council review for August 4, 2004. Norman Siegler, Finance Commissioner, noted that City employees have not had a merit increase in two years. Commissioner Siegler stated that if the Council does not recognize this, the City would not have quality employees to implement programs that maybe funded if the WT passes. Commissioner Siegler stated that the Council must consider future needs of the City. Commissioner Siegler noted that the FY 04-OS Budget was balanced only in name because many programs were cut short. Councilmember Kline noted that the City has financial problems that affect the entire operation of the City not just the streets. Councilmember Kline noted that _. his concern with the advisory measure is that it will tie the hands of future City Council members who may not agree with the list of projects listed in the proposed advisory measure. Councilmember Kline noted that if the City Council supports placing an advisory measure on the ballot, it should be general - to be used for streets and infrastructure. Councilmember Kline noted that his preference would not to have an advisory measure at all. Councilmember Bogosian noted that at the last meeting he indicated that he would like to see a specific tax on the ballot that would be limited to infrastructure. Councilmember Bogosian stated that he would not be supporting the WT or the advisory measure. Vice Mayor King noted that she supports a detailed advisory measure. Mayor Waltonsmith noted that she supports 5% WT and a general advisory measure. Council direction to the City Attorney to draft a second general version of the advisory measure and return to Council on August 4, 2004 with both versions. Mayor Waltonsmith declared a 10-minute break at 9:00 p.m. Mayor Waltonsmith reconvened the meeting at 9:10 p.m. City Council Minutes 16 July 21, 2004 REPORT ON EMERGENCY PREPAREDNESS COMMITTEE STAFF RECOMMENDATION: Accept report. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that 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 the emergency prepazedness stakeholders as the "Disaster Council". Assistant City Manager Tinfow stated that on July 12, 2004 the Disaster Council met and held a very successful meeting. Assistant City Manager Tinfow noted that further research indicated the need to change the groups' name since the "Disaster Council" refers to the City Council in times of emergency. The group agreed to call itself the "Emergency Prepazedness Committee". Assistant City Manager Tinfow explained that the group would meet annually to confirm that the City maintains its compliance with both State and Federal emergency management requirements. Mayor Waltonsmith thanked Assistant City Manager Tinfow for her report. 9. DESIGNATION OF VOTING DELEGATE FOR 2004 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE STAFF RECOMMENDATION: Select voting delegate for 2004 Annual Conference. Mayor Waltonsmith stated that the League of California Cities was requesting the City designate a voting delegate for the Annual League Conference to be held in Long Beach on September 17-19, 2004. Councilmember Kline noted that he was the City's representative to the League and volunteered to attend the conference. KING/BOGOSIAN MOVED TO APPOINT COUNCILMEMBER KLINE AS THE VOTING DELEGATE AND CITY MANAGER ANDERSON AS THE ALTERNATE. MOTION PASSED 4-0-1 WITH STREIT ABSENT. AGENCY ASSIGNMENTS Mayor Waltonsmith reported the following information: Saratoga Historic Foundation -recently attend the annual membership party at Garrod Ranch. Sister City Liaison -preparing for the Muko, Japan exchange students visit to Saratoga in September. 17 July 2 t, 2004 City Council Minutes Vice Mayor King reported the following info information: SASCC Liaison -working on their agreement with the City. Councilmember Bogosian had no reportable information. Councilmember Kline had no reportable information. CITY COUNCIL ITEMS Vice Mayor King announced that Senator McPherson would be hosting a Community Forum on July 23, 2994 in the Senior Center. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 9:30 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 18 July 21, 2004 SARATOGA CITY COUNCIL MEETING DATE: September I, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY: Cathleen Boyer, City Clerk SUBJECT: City Council Minutes RECOMMENDED ACTION: AGENDA ITEM: ~~ CITY MANAGE b DEPT HEAD: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Special Meeting -August 9, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes August 9, 2004 MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING AUGUST 9, 2004 Mayor Waltonsmith called the meeting to order at 1:30 p.m. ROLL CALL PRESENT: Mayor Ann Waltonsmith, Vice Mayor Kathleen King, Councilmembers Norman Kline, Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Cathleen Boyer, City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 9, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 9, 2004 was properly posted on August 6, 2004. DISCUSS AND PREPARE BALLOT ARGUMENTS IN SUPPORT OF PROPOSED ADVISORY MEASURE AND UTILITY USER TAX MEASURE TO APPEAR ON NOVEMBER 2, 2004 BALLOT STAFF RECOMMENDATION: Write argument in favor of the WT to be submitted to Registrar of Voters. Mayor Waltonsmith noted that because the City of Saratoga is a general law city, not a charter city, the ballot arguments could have a fifth person help write and sign the document. Mayor Waltonsmith suggested that the Council consider Richard Allen, Chair of the Finance Commission. Mayor Waltonsmith distributed sample ballot arguments. The City Council discussed each sample and brainstormed ideas for the final argument. City Councilmembers concurred to meet on Monday, August 16, 2004 to draft a rebuttal argument in response to the argument against the WT Measure. City Comrcil Minutes 1 August 9, 2004 ADJOURNMENT Pursuant to Government Code section 54955, at its meeting of August 9, 2004, the City Council voted (by a vote of 4-0-lwith Bogosian absent) to adjourn that meeting until Wednesday, August 11, 2004 at 12:30 p.m., at Administrative Conference Room, 13777 Fruitvale Avenue to consider item number 1 from the agenda for the August 9, 2004 meeting. Mayor Waltonsmith thanked everyone for attending the meeting. Respectfully submitted, Cathleen Boyer, CMC City Clerk 2 SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 ORIGINATING DEPT: City Manager's Office i PREPARED BY: Cathleen Boyer, Clerk AGENDA ITEM: ~`-% u ~^ CITY MANAGE 4d' l DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Special Meeting -August 11, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes August 11, 2004 MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING AUGUST 11, 2004 Mayor Waltonsmith called the meeting to order at 12:30 p.m. ROLL CALL PRESENT: Mayor Ann Waltonsmith, Vice Mayor Kathleen King, Councilmembers Norman Kline, Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Cathleen Boyer, City Clerk Richard Allen, Chair/ Finance Commission & Revenue Review Committee Member Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54955, the agenda for the meeting of August 11, 2004 was properly posted on August 9, 2004. 1. DISCUSS AND PREPARE BALLOT ARGUMENTS IN SUPPORT OF PROPOSED ADVISORY MEASURE AND UTILITY USER TAX MEASURE TO APPEAR ON NOVEMBER 2, 2004 BALLOT STAFF RECOMMENDATION: Write argument in favor of the WT to be submitted to Registrar of Voters. The City Council discussed and reached agreement on the final arguments supporting the WT and the Advisory Measure. City Councilmembers concurred to meet on Monday, August 16, 2004 to draft rebuttal arguments in response to the arguments against the WT and Advisory Measure. ADJOURNMENT Mayor Waltonsmith thanked everyone for attending the meeting. Mayor Waltonsmith adjourned the meeting at 2:30 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk August 11, 2004 City Council Minutes 1 SARATOGA CITY COUNCIL ( ~. MEETING DATE: September 1, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANA( PREPARED BY: I/ ~ DEPT HEAD: Cathleen Boye ty Clerk SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Special Meeting -August 16, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes August 16, 2004 MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING AUGUST 16, 2004 Mayor Waltonsmith called the meeting to order at 1:30 p.m. ROLL CALL PRESENT: Mayor Ann Waltonsmith, Vice Mayor Kathleen King, Councilmembers Norman Kline ABSENT: Councilmember Stan Bogosian Councilmember Nick Streit ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Cathleen Boyer, City Clerk Richard Allen, Chair/ Finance Commission & Revenue Review Committee Member REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 16, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 16, 2004 was properly posted on August 12, 2004. DISCUSS AND PREPARE REBUTTAL ARGUMENT IN RESPONSE TO THE ARGUMENT OPPOSING THE UTILITY USER TAX MEASURE TO APPEAR ON NOVEMBER 2, 2004 BALLOT STAFF RECOMMENDATION: Write Rebuttal Argument in Response to the Argument Opposing the WT Measure to be Submitted to Registrar of Voters. The City Council discussed and brainstormed ideas for the rebuttal arguments opposing the UUT and the Advisory Measure. City Councilmembers concurred to adjourn the meeting until Wednesday, August 18, 2004 to finalize the rebuttal arguments in response to the arguments against the UUT & Advisory Measure. City Council Minutes 1 August 16, 2004 ADJOURNMENT Pursuant to Government Code section 54955, at its meeting of August 16, 2004, the City Council voted (by a vote of 3-0-1 with Bogosian & Streit absent) to adjourn that meeting until Wednesday, August 18, 2004 at 9:00 a.m, at Administrative Conference Room, 13777 Fruitvale Avenue to consider item number 1 from the agenda for the August 16, 2004 meeting. Mayor Waltonsmith thanked everyone for attending the meeting. Respectfully submitted, Cathleen Boyer, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY: Cathleen Boyer, Clerk SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: 2~ AGENDA ITEM: CITY MANAGE "' `• ~~ DEPT HEAD: Approve minutes as submitted for the following City Council Meeting: Special Meeting -August 18, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes August 18, 2004 MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING AUGUST 18, 2004 Mayor Waltonsmith called the meeting to order at 10:00 a.m. ROLL CALL PRESENT: Mayor Ann Waltonsmith, Councilmembers Norman Kline, Councilmember Nick Streit ABSENT: Vice Mayor Kathleen King Councilmember Stan Bogosian ALSO Lorie Tinfow, Assistant City Manager PRESENT: Cathleen Boyer, City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 18, 2004 Cathleen Boyer, City Clerk, reported that Pursuant to Government Code section 54955, the agenda for the meeting of August 18, 2004 was properly posted on August 16, 2004. DISCUSS AND PREPARE REBUTTAL ARGUMENT IN RESPONSE TO THE ARGUMENT OPPOSING THE UTILITY USER TAX MEASURE TO APPEAR ON NOVEMBER 2, 2004 BALLOT STAFF RECOMMENDATION: Write Rebuttal Argument in Response to the Argument Opposing the UUT Measure and the Advisory Measure to be Submitted to Registrar of Voters. The City Council discussed the final drafts for the rebuttal arguments opposing the WT and the Advisory Measure. City Councilmembers approved the final rebuttal arguments for Measure U & V. ADJOURNMENT Mayor Waltonsmith thanked everyone for attending the meeting. Mayor Waltonsmith adjourned the meeting at 10:00 a. m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 1 August 18, 2004 SARATOGA CITY COUNCIL _ ~~ MEETING DATE: September 1, 2004 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER PREPARED BY: Jaye Tkach _~'~ DEPT HEAD: SUBJECT: Check Registers: 8/12/04 and S/26/04 RECOMMENDED ACTION(S): Approve the Check Registers. REPORT SUMMARY: Attached are the Check Registers. 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 Certifications. Fund# Fund Name Date Manual Void 8/26/2004 Checks Checks AP CHECKS A97260-97382 1 GENERAL 67,486.35 3,080.07 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 8,329.33 180 LLA Districts 7,608.03 250 Dev Services 6,842.49 260 Environmental 4,068.75 270 Housing & Comm 290 Recreation 35,625.35 50.00 291 Teen Services 79.05 292 Facility Ops 600.00 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 351 Public Safety 352 Infrastructure 11, 300.55 353 Facility 354 Park and Trail 97,181.83 400 Library Debt 420 Leonard Creek 720 Cable TV 740 PD #3 800 Deposit Aaencv ubtotal 239,121.73 3,130.07 PAYROLL CHECKS: 830204-30235 TOTAL Prepared by: Date: ~~~ i~,~~ 8-a~-U~ Apr-99 W N 4 a W 'J N w ZO 4 Y W a FS O i q 0 ~ £ W m a a >rv £d O~ W W N H U a~ W r( m i Q WO a .i W FO O w 2a W w m FF JO O Z U U Q i W ~F X4 uW w x z m O O Z a ~ ~wa0 £W2 45 z~ ~Pulo~ 0 0 N m F Z m£K~> o I9 a W i w~Y~W~Z WaUi>~ r ~, a v m w C m m N N c a w C n m .ti .v N Z Z 'J [yip W W W W a ~ a a r ~ .~ ~ „ a a H 4 a w 4 r 4 m ~ r Q Q a F F ~/+ W F F F ~/1 F F y F a O U O .] O O O O O O W W O Z O O O O O O a F a F a F a F F N F F U U F a Wa F ~ F w F W F a o a W w w x O a a a ~ a o a w W a a a W a >> a a rc o a w a w a W °o W a w oo a o W W o rc o s~ m w o z w o a a W °W a o W Z a Z ~ Z a Z a W Z F Z a m W 2 w F Z a Z a 2 4 Z [+ W O O W W a W W a N W F W O W F W H 7 a 7 a 7 Z 7 V V 7 j 7 W ~ VFI N ~ j 4. > ~ > ~ , a > £ K ZOFZ a C C m iUi O O F tan X F X 4 Z y Q 55 vOi > 44 £3 a '~ N .O+N e a a b ° b .N. ~ y~ N N p o 0 O O O O N N N O N N O O N O 00 U ~ a < aaa a N N 4 \ N am zm o °a o 0 0 0 0 0 o a o o ~ o 0 0 0 0 m w a o ~'O 00 0 0o W OO o O o a Zo Q° ° WO Z a a ~0 4 Km O Q a "~ a m U F t` W tF/1 N F t- Y k .] .] a W Z_ .~ X X ~~ w o a s N wN o w 4 ry m a m U O 4 O N m N r W e i a e a N a ~u F~ 4atN W ~ r~ 3~ W O a o Vlo £o wo O O 3 O U O 4 O £ O 4 O Zp 0 a O W O w o £ O a o [a-~ o a o Z o o W o VI o a o O 3 c o Z o ~ O N O 42 H a o o ~ a '" o m o ~ a ~ ~ a a m c m W m 4 4 a 4 4 a a C O O N N~ N N O O O O m om a55 o.~i o .-i o.+ ow O m omm O.+ om Om m O oo O m om Om Z F N Y a W °m 0 ~N m a v a 2 4z s ~ vmi .'n ~ m m °o a < a a o o a p F ~~ m FZi nc~nmrym N m mm~o a s m o a rN N >~ ~ rv e w m N o m q 0 ~ .+ N .+ a a n n n n rv .+ 2£ w 4 '^ `^ a _ % X w i U w U O a N O N C ~i « F ~ ry ry Z ~ • C ~ 5 • F « « . qa « i .] f2~1 .] N N N .] a Ol .] N .] a .] .] a K .] a £ 4 N N N Q 4 4 ~' 4 a a 4 4 i N m N N N F w F W W w F F w F F F 5 E F F h F C,l H H f'G H O l/1 O V V U O O U O O N O O O m O F NN F m F 000 F F Z F M F m F F F F N a a a a a w w 'J a a m W w w O m W a a a a a r r K W K a a a K m a C C F a W K Z C m m a w IX .] 2~ a a w w w .~ a O £ O [. 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N N N nF Z W H 3 nQ'W 3 3 ~ ~ ~ 4 ° N 'i W ~ O~Z N O OO Q a i ~ b~o m 'O>2~ W U'Y ' ~ N W OF W Z ° in ~n oc, °`° ° a du> ~ o °mm omm SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 AGENDAITE(M:~ CITY MANAGI~t~~ DEPT HEAD: ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP SUBJECT: Contract Extension for Allison Knapp, Consulting Senior Planner for the Barry Swenson/Quito Road Project RECOMMENDED ACTION: Approve the following: 1. Employment Agreement extension with Allison Knapp, Consulting Senior Planner not to exceed $20,000 without further Council authorization. REPORT SUMMARY: Ms Knapp, a principal of Knapp Wollum Consulting Services, worked for the City on a part time basis, between August 1, 2000 and the Fall of 2001. Once the Department was fully staffed in 2001, Ms. Knapp's services were no longer needed. With the submittal of the Barry Swenson 60-unit condominium project in July 2003, the City Council allowed me to contract with Ms. Knapp for Planning Services. Allison's assignment has included and will continue to include assisting with the forma] completeness review, writing and issuing Request for Proposals for planning consultants to prepare the Environmental Impact Report (EIR), staffing community workshop meetings held by the developer and generally preparing Staff Reports and ensuring that all documents are completed in a timely and thorough manner. Since Barrie Swenson Builders initial submittal and the subsequent award of a contract for the preparation of an EIR substantial work has been accomplished in solidifying the project submittal in order that the EIR may be prepared. The noticed scoping workshop for the preparation of the draft EIR is being scheduled for September, after school starts to ensure good attendance. FISCAL IMPACTS: There are no fiscal impacts as the Department operates on a deposit system that was put in place two years ago. The City will have full cost recovery on this project. This includes City Staff, Consultants, overhead and the City Attorney. Richard and I have discussed the need for him to provide invoices to me that have monies withdrawn from the deposit accounts. Ms. Knapp's rate to municipal clients is $75.00/hour. The rate charged to developers on a pass through arrangement, such as what we are establishing for this project, is $100.00/hour. This is not unusual. The applicant deposited an initial $28,000; an additional $25,000 has been placed in the deposit account in the past month. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Community Development Department will juggle the other 80 applications, General Plan updates, Zoning Code updates, Annexations and make it all work. It just will not be as efficient and frankly, it exposes City Staff to the rigors and pitfalls of a very complex and controversial project. ALTERNATIVE ACTION: 1. Direct Staff to severe the agreement with Allison Knapp and accomplish all needed work on the 60-unit proj ect in-house. FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: None SARATOGA CITY COUNCIL \ ~ ~ MEETING DATE: September 1, 2004 AGENDA ITEM:WJ ORIGINATING DEPT: City Attorney CITY MANAGE ~ PREPARED BY: Richard Taylor DEPT. HEAD: SUBJECT: Adoption of Utility User Tax Ordinance Subject to Voter Approval RECOMMENDED ACTIONS: Adopt Utility User Tax Ordinance to become effective only if approved by the voters of the City of Saratoga. STAFF REPORT: At its meeting of August 4, 2004 the City Council introduced a Utility User Tax Ordinance and placed voter consideration of that matter on the ballot for the November 2, 2004 election. The recommended action tonight would adopt the ordinance according to the procedures set forth in state law. Under the terms of the ordinance, however, ordinance will not take effect unless approved by a majority vote at the upcoming election. A copy of the ordinance is attached. The ordinance would adopt a 4% tax on utility usage in the City. The ordinance provides exemptions from gas/electric and telephone taxes for CARE and Lifeline customers respectively. 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. Additional details are provided in the earlier staff report on this matter. The County Elections Office has designated the ballot measure for the ordinance as Measure V FISCAL IMPACTS: As discussed in earlier staff report. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meering. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The City would not adopt a utility users tax. FOLLOW UP ACTIONS: Ascertain outcome of November election and implement tax if approved by the voters. ATTACHMENTS: Attachment A: Utility User Tax Ordinance 2 ORDINANCE AN ORDINANCE ADOPTING A UTILITY USERS TAX THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Adoption. The Utility Users Tax Ordinance set forth as Attachment 1 hereto is hereby adopted in its entirety. Section 2. Publication. This ordinance or a summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Section 3. Effective Date. This ordinance shall not take effect until (a) it is approved by a majority of the voters voting thereon at a regular municipal election and (b) ten (10) days after the results of said election are declared by the City Council The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 4`h day of August, 2004, and was adopted by the following vote following a second reading on the ls` day of September, 2004: AYES: NOES: ABSENT: MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Ordinance No. AN ORDINANCE ESTABLISHING A UTILITY USERS TAX The City Council of the City of Saratoga and the people of the City of Saratoga do ordain as follows: SECTION 1. Chapter 5 of the Saratoga Municipal Code is hereby amended by adding Article 5.30 thereto to read as follows: ARTICLE 5.30 Section 1.1 Purpose This article is enacted solely to raise revenue for the general governmental purposes of the City. All of the proceeds from the tax imposed by this article shall be placed in the City's general fund and used for the usual current expenses of the City. This Article shall be known and may be cited as the Utility Users Tax Ordinance. Section 1.2 Definitions The following words and phrases whenever used in this Article shall be construed as defined in this section. 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 124) 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 U.S.C.S. 79z-Sa) and regulations thereunder. G. "Gas" shall mean natural or manufactured gas or any alternate hydrocarbon fuel which maybe substituted therefor. 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. 4) a water service supplier, distributor, wholesaler, marketer, or broker, which sells or supplies water to users within the City (other than a supplier of water distribution services to all or a significant portion of the City). K. "Ordinance" shall mean the Utility Users Tax Ordinance. L. "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 Ordinance No. City), cooperative, receiver, trustee, guardian, or other representative appointed by order of any court. - M. "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. N. "Self-Collector" means any service user subject to the tax imposed by Sections 2.2, 2.3 or 2.4, hereof, which produces gas, electricity or water for self-use, or which receives gas, electricity or water 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, electricity or water in the City that is directly billed and collected by the service supplier or its billing agent. O. "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, regardless of where the call is billed or paid; or, 2) If the location in subsection (O)(1) is unknown, the service address means the location of the service user's place of primary use. P. "Service Supplier" shall mean any regulated or non-regulated entity, or person, including the City, that provides telephone communication, electric, gas, water or video service to a user of such services within the City, and including any self- collector, that is required to collect or self-impose and remit a tax as imposed by this Ordinance, including its billing agent in the case of electric, gas, water or video service. Q. "Service User" shall mean a person required to pay a tax imposed by this Ordinance. R. "State" shall mean the State of California. S. "Tax Administrator" shall mean the Finance Director of the City. Ordinance No. T. "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 similar data services, and any service that is capable of transmitting telephonic quality communications [including the use of Internet Protocol (IP) or other similar 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), internet, fiber-optic, light wave, laser, microwave, switching facilities, satellite, radio wave [including, but not limited to, mobile telecommunications service, cellular service, commercial 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. >,« „« U. "Telephone corporation, electrical corporation, gas corporation," an 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. V. "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 charges 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 master antenna television; multichannel multipoint distribution services (MMDS); direct broadcast satellite to the extent federal law permits taxation of its video services, now or in the 4 Ordinance No. future; and other suppliers of video programming or communications (including two- way communications), whatever their technology. W. "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. 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 four percent (4%) of all charges 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 are 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. Notwithstanding the foregoing, the tax shall not apply to any person who qualifies and has been accepted for the lifeline telephone service rate pursuant to California Public Utilities Code Sections 873, 874 and 876, and as they maybe amended from time to time. In the event that the lifeline program is repealed or otherwise ceases to exist in a substantially similar form, the exemption granted under this subsection shall automatically terminate. ~~ C. 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 Code of ~ ~~ j l Regulations, or "private mobile service," as defined in 47 U.S.C.A. Section 332 d 3 , 5 Ordinance No. 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 VoIP). The tax imposed under subsection (a) above shall not be imposed upon any person for using telecommunication services to the extent that, pursuant to Sections 4252 and 4253 of the Internal Revenue Code, the amounts paid for such communication services are 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 Internal 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. 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 telephone communication services. The term "charges" shall also include charges to a service user by a hotel or motel for telephone communication services used in the City when such charges are 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. E. 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. F. 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 are 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 6 Ordinance No. 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 of: (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 furthers 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. 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. p. 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. 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 four percent (4%) of the charges made for such electricity, and for any supplemental services or other associated activities directly related and/or necessary 7 _ Ordinance No. 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 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 maybe amended from time to time. In the event that the CARE Program is repealed or otherwise ceases to exist in a substantially similar 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 charges; 3) metering charges; 4) stand-by, reserves, firming, ramping, voltage support, regulation, emergency, or other similar charges for supplemental services to aself-collector which produces electricity for self-use; 5) customer charges, service establishment or reestablishment charges, demand charges, 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 surcharge, 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 charges, fees, or surcharges appear on a bundled or line item basis on the customer billing. Ordinance No. 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 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 9 Ordinance No. 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 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 calendar quarter. The credit, if approved by the Tax Administrator, maybe applied against any subsequent tax bill that becomes due. H. The service supplier, at its option, may assess a service charge of up to one-eighth of one percent (1/8%) of the tax actually collected by the service supplier and remitted to the City. The service charge maybe deducted from the tax remitted to the City at the time of remission. I. 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 four percent (4%) 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 California Alternate Rates for Energy (CARE) Program pursuant to California Public Utilities Code Sections 327 and 739.1 et. seq., and as it maybe amended from time to time. In the event that the CARE Program is repealed or otherwise ceases to exist in a substantially similar 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 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. The term "charges" shall include, but is not limited to, the following charges: 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, 10 -" Ordinance No. 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 charges (including interstate charges 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 charges, annual and monthly charges, and any other charges which are necessary or common to the receipt, use and enjoyment of gas service; and 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 surcharges appear 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 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 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 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. 11 -- Ordinance No. 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) charges 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 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 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 calendar quarter. The credit, if approved by the Tax Administrator, may be applied against any subsequent tax bill that becomes due. H. The service supplier, at its option, may assess a service charge of up to one-eighth of one percent (1/8%) of the tax actually collected by the service supplier and remitted to the City. The service charge maybe deducted from the tax remitted to the City at the time of remission. I. 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 Water Users Tax. 12 Ordinance No. 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 four percent (4%) 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 charges, franchise fees, franchise surcharges, annual and monthly charges, and other charges, fees and surcharges which are 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 charges, 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. 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 commercial/industrial customers in the City, and the charges therefor, including those items that are 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. 13 Ordinance No. E. There shall be excluded from the base on which the tax imposed in this section is computed charges 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. G, The service supplier, at its option, may assess a service charge of up to one-eighth of one percent (1/8%) of the tax actually collected by the service supplier and remitted to the City. The service charge may be deducted from the tax remitted to the City at the time of remission. Section 2.5 Collection of Tax From Service Users Receiving Direct Purchase of Gas, Electricity or Water A. Any service-user who is aself-collector, as defined in Section 1.2(N), 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 self-collector 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 similar amounts of gas, electricity or water, provided that the self-collector 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, maybe applied against any subsequent tax bill that becomes due. B. The Tax Administrator may require said self-collector to identify its non-utility supplier and provide, subject to audit, invoices, books of account, or other satisfactory evidence documenting the quantity of gas, electricity or water used and the cost or price thereof. If the self-collector 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 self-collector would have incurred if the gas, electricity or water used had been provided by the service supplier, which is the primary supplier of gas, electricity or water within the City. Rate schedules for this purpose shall be available from the City. 14 Ordinance No. 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 four percent (4%) of the charges made for such video services. 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 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 "chazges" shall include, but is not limited to, the following charges: 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. 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. 15 Ordinance No. 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 are being offered to customers within the City, and the charges therefor. The Tax Administrator, thereafter, may issue and disseminate to such video service suppliers an administrative ruling identifying those components: i) that are 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. F. The service supplier, at its option, may assess a service charge of up to one-eighth of one percent (1/8%) of the tax actually collected by the service supplier and remitted to the City. The service charge maybe deducted from the tax remitted to the City at the time of remission. Article 3 Procedures Section 3.1 Exemptions. A. Nothing in this Ordinance shall be construed as imposing a tax upon any person or service when imposition of such tax upon that person or service would be in violation of federal statute, the Constitution of the United States, or the Constitution of the State of California. B. The taxes imposed by this Ordinance shall not apply to the City. C. The City Council may, by 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. 16 Ordinance No. D. The Tax Administrator shall prepare a list of the persons exempt from the provisions of this Ordinance by virtue of this section and famish a copy thereof to each service _ supplier. E. Any service user that is exempt from the tax imposed by this Ordinance pursuant to subsection A or B 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 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, are 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. F. The decision of the Tax Administrator maybe 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 3.14 of this Ordinance is a prerequisite to a suit thereon. Section 3.2 Percentage Rate Reductions Approved by City Council The City Council may, by order or resolution, establish percentage rate reductions, as follows: A. The City Council may reduce the percentage rate of the tax for any utility service or class of taxpayers that is subject to the tax of this Article. The City Council may specify a period of time after which the reduction shall automatically be repealed. 17 Ordinance No. B. Upon establishment of an exemption pursuant to section 3.1(C) or percentage reduction by the City Council pursuant to this section 3.2, the City Council may subsequently take action to repeal or modify the exemption or percentage reduction; provided, however, in no event shall any action taken by City Council cause the percentage rate of the tax to exceed the voter approved percentage rates set forth in this Article, without a subsequent voter approval, to the extent such voter approval is required by law. C. Any actions taken by the City Council pursuant to this section 3.2 shall not constitute an "extension" or "increase" of the tax imposed by this Article, as authorized by California Constitution Article XIIIC, Section 2(d), and California Government Code section 53750(h)(2). Section 3.3 Effect of Bundling Taxable Items with Non-Taxable Items. Except as otherwise provided by state or federal law, or as approved in writing by 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 charge shall be deemed taxable. Section 3.4 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 3.5 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 insofar 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 service charge and tax which has accrued for the billing periods, such amount and any subsequent payments by a service user shall be applied to the utility charge first until such charge has been fully satisfied. The Tax Administrator shall have the power to make an assessment for delinquent taxes as 18 Ordinance No. provided for in Section 3.9 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 charges normally included in such regular billing are subject to the provisions of this Ordinance. 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 3.6 Filing Return and Payment. Each person required by this Ordinance to remit a tax shall file a return to the Tax Administrator, on forms 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. Returns are 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 3.7 Collection Penalties -Service Suppliers and Self-Collectors. A. Taxes collected by a service supplier from a service user, or self-collected by aself- collector, are 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 similar 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 aself-collector fails to remit any tax collected or due pursuant to a service agreement, 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 of three-quarters of one percent (3/4%) 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. 19 Ordinance No. 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 3.8 Detciency 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 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 ofthree-quarters of one percent (3/4%) 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) calendar 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) calendar 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 maybe 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 (ornon-assessment), thereafter, by confirming, modifying or rejecting the original deficiency determination, and shall mail a copy of such final assessment to 20 ° Ordinance No. person owing the tax. The decision of the Tax Administrator maybe 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 ofthree-quarters of one percent (3/4%) 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 regarding 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 maybe 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 3.9 Administrative Remedy -Non-Paying Service Users. 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. 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 the penalties and interest authorized in Subsection D. 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, 21 -- Ordinance No. 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. D. 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 a delinquency penalty of fifteen percent (15%) of the amount of the total tax that is owed, and shall pay interest in the rate ofthree-quarters of one percent (3/4%) per month, or any fraction thereof, on the amount of the tax, exclusive of the penalties, from the due date, until paid. Section 3.10 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 3.11 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. 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 aself-collector) so long as said agreements result in the collection of the tax in conformance with the general purpose and scope of this 22 Ordinance No. 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 shall be 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 3.8 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 presumption 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 (3/4%) 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. Pursuant to Section 3.1(D) of this Ordinance, the Tax Administrator shall famish a copy of the list of exempted person to each service supplier. 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. 23 __ Ordinance No. 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. I. The Tax Administrator shall provide notice to all service suppliers, at least ninety (90) days prior to any annexation or other change in the city's boundaries. Said notice shall set forth the revised boundaries by street and address, along with a copy of the final annexation order from the Local Agency Formation Commission. Section 3.12 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 maybe 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 are 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 anon-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 of gas or electricity to service users within the City a list of the names 24 Ordinance No. 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 necessary 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, 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 3.13 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 guardian, conservator, executor, or administrator has submitted a written claim to the Tax Administrator within one (1) year of the overpayment or erroneous or illegal collection of said tax. Such claim must clearly establish claimant's right to the refund by written records showing entitlement thereto. Nothing herein shall permit the filing of a claim on behalf of a class or group of taxpayers. 25 _ Ordinance No. C. The submission of a written claim, which is acted upon by the City Council, shall be a prerequisite to a suit thereon. 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 rej ected 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 (1) year written claim requirement of this subsection be given retroactive effect; provided, however, that any claims which arose prior to the commencement of the one (1) year claims period of this subsection, and which are 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 (90) 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 charges 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 (1) 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. 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. Section 3.14 Appeals. A. The provisions of this section apply to any decision (other than a decision relating to a refund pursuant to Section 3.13 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 3.13 of this Ordinance), deficiency determination, assessment, or administrative ruling of the 26 -- Ordinance No. 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. 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 3.13 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 maybe 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. 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 maybe 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. 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. 27 - Ordinance No. Section 3.15 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 provisions of this Ordinance. Section 3.16 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 3.17 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 sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid, unlawful or unconstitutional. Section 3.18 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 3.19 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 28 Ordinance No. _ 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 3.20 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 3.21 Effective Date If a majority of the voters voting thereon approve this Ordinance, it shall become effective ten (10) days after the results of the election are declared by the City Council. Except for amendments that would have the effect of imposing, extending, or increasing a tax this ordinance maybe amended or repealed by the City Council without voter approval. Section 3.22 Operative Date The collection of the tax imposed under this Ordinance shall commence no later than the time period set forth in California Public Utilities Code section 799(a)(6). 29 Ordinance No. SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 ORIGINATING DEPT: Public Works PREPARED BY: Cary Bloomquis~ AGENDA ITEM: CITY MANAGE DEPT HEAD: SUBJECT: Request to Change Parks and Recreation Commission Meeting Time RECOMMENDED ACTION: Adopt resolution approving the Parks and Recreation Commission's request to change the start time of their regular monthly meeting. REPORT SUMMARY: The Parks and Recreation Commission recently welcomed two new members to the Commission, and with this opportunity, incumbent members of the Commission expressed an interest in changing the start time of the meetings from 7:30 p.m. to 7:00 p.m. At their regular meeting on Monday, August 2, 2004, the Commission unanimously voted to change the meeting start time from 7:30 p.m. to 7:00 p.m. The requested change in start time will better accommodate the schedules of the majority of the Commission members and should not adversely affect public access to, or attendance at, their meetings. Adoption of the attached resolution will serve this purpose. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Meeting time will not change, remaining at 7:30 p.m. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Copies of this report were emailed to the individual Parks and Recreation Commission Members. ATTACHMENTS: Resolution 2 of 2 RESOLUTION NO.04- RESOLUTION OF THE CITY COUNCII, OF THE CITY OF SARATOGA AMENDING THE TIME REGULAR MEETINGS FOR THE SARATOGA PARKS AND RECREATION COMMISSION WHEREAS, Saratoga City Council adopted Resolution 432 establishing the Sazatoga Pazks and Recreation Commission; and WI3EREAS, Resolution 432 mandates the Parks and Recreation 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, at their August 2, 2004 meeting the Parks and Recreation Commission unanimously voted to request their regular meeting time be changed to 7:00 p.m. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Code Section 54954, the time for the regular meetings of the Parks and Recreation Commission shall be as follows: TIME: 7:00 P.M. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regulaz meeting held on the ls~ day of September, 2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 AGENDA ITEM: v ORIGINATING DEPT: Public Works CITY MANAGE \ PREPARED BY: John Cherbone DEPT HEAD: ~-Q - ~~'""'~ SUBJECT: Contract Renewal for City Surveyor RECOMMENDED ACTION(S): Approve atwo-year contract renewal with McDowell Associates, Inc. for on call City Survey Services and authorize City Manager to execute the same. REPORT SUMMARY: The City contracts with Mike McDowell for City Survey duties and has done so since 1990. His duties include but aze not limited to examination of parcel and subdivision maps, signing the City Survey Statement on maps, review of lot line adjustments, and review of certificate of compliances. Currently Mike chazges $60/hr, which is the same rate per hour as has been for the past few yeazs. The number of hours worked is based on the development activities occurring in the City at any given time. All development reviews performed by the City Surveyor are full cost recovery from the applicant, It is therefore recommended that City Council approve atwo-year extension to the existing contract with McDowell Associates, Inc. for City Surveyor Services and authorize City Manager to execute the same. FISCAL IMPACTS: Funding for the contract is included in the adopted budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The existing contract would not be extended. ALTERNATIVE ACTION(S): The Council could direct staff to solicit additional proposals. FOLLOW UP ACTION(S): The contract extension will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: CITY MANAGE : ,,11 OO , ~~%' DEPT HEAD: ~ .J~~ ~"'c^-"'"'1--~ SUBJECT: Contract Renewal for City Geotechnical Consultant RECOMMENDED ACTION(S): Approve atwo-yeaz contract renewal with Cotton, Shires & Associates for on call City Geotechnical Consulting Services and authorize the City Manager to execute the same. REPORT SUMMARY: The City has contracted with Cotton, Shires & Associates for Geotechnical review of development applications since the 1970's. Their knowledge of the geology in Sazatoga is very extensive as well as their historical knowledge of the development of the City's hillsides over the past 25 yeazs. Their duties include but are not limited to examination ofpazcels, subdivisions, and individual home developments as they relate to geology and geotechnical issues. A fee schedule is attached, which has hourly rates for the firm. Hourly rates for 2004/2005 will not change from those for 2003/2004. The City will continue to receive a 10% discount for services rendered on City projects. The number of hours worked is based on the development activities occurring in the City at any given time. All development reviews performed by the City Geologist are full cost recovery from the applicant.. It is therefore recommended that City Council approve atwo-year extension to the existing contract with Cotton, Shires & Associates for City Geotechnical Services and authorize City Manager to execute the same. FISCAL IMPACTS: Funding for the contract is included in the adopted budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The existing contract would not be extended. ALTERNATIVE ACTION(S): The Council could direct staff to solicit additional proposals. FOLLOW UP ACTION(S): The contract extension will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 2 of 2 HUU. Lq• LUUq I I~UIHIYI bVl IVItl, JnIRCJ d HJJV~IHICJ, lltl~ COTTON SHIRES A~1D ASSOCIATES, INC. c(?trDULE OF CHARGES January 2003 Snonnel Clurces >?~ rt Witness ConsultaHOn Principal Geologist/Engineer . . . . ... ....... .. ..... .. ManagingGeoiogist/Engineer ...................... SupervisingGeologst/Engineer ,,,,,,,,,,,,,,,,,,,, Senior Geologist/Engiteer ......................... Senior Staff Geologist/Engineer ,,,,,_______ _________ Staff Geologist/ Engineer ,,,,,,,,,,,, ,, , , ,, , , , ,,,, ,, Field/LaboratoryTechnician ___°__________________ IechnicatIllustratir~r. . .............................. ClericalBccounting .-•--• ........................ Irg,rt'nment and Supply Charces MvltichannelSeismographSystem .................. Inclinometer System .............................. Laser Level Surveying Equipment ,,,,,,,,,,,,,,,,,, Nudcar Moisture/Density Gauge ,,,,,,,,,,,,,,,,,,, Total Station Surveying Equipment,,,,,,,,,,,,,,,,,, PenMap Computer Msyping Equipment __„_,___-„ velocity Meter and AquaCalc Computer____ _________ Suspended and 9ed Load Sampling Equipment __,,,,_ Vehicle .......................... ................ Photocopying ,,,,,,,,,,_, S .15/copy ,_, 5 .40/fl2 EngineenngCopier ............................ Computer Assisted F7ot9ng .,,,,.....,°,......_... 510/sq. R. Limitations and Terms Public llab-ity •• COTTON, SHIRES AND ASSOCIATES, INC. is a California Corporation protected by Worker's Compensation Insurance (and/or Employers Liability Insurance), and by Public Liability Insurance forbodily injury and property damage, and wUl furnish certificates thereof upon request. W¢ asstune the risk of damage to our own supplies and equipment. If your contract or purchase order plates greater responvbili9es upon as ox requires further insurance coverage, we, if specifically directed by you, will procure additional insurance (if prncunble) to protect us at your expense, but we shall not be responsble 4or property dunage from any cause, including fire and explosion, beyond the amounts of coverage of our insurance. pyfe«ional L;aMlity - in performing our professional services, we shall use that degree of cue and skill ordinarily exercised under similar circumstances by members of our profession No warranty, express or implied, i made or intended by our proposal for consulting services, by our furnishing oral or written reports, or by our inspection or work. However, should we or any of our professional employees be found to have been negligent in the performanc¢ of professional services or to have made and breached any express or implied warranty, you agree [!tat the maximum aggregate amount o[ your recovery against us and/or said professional employees shall be Hmired to S50,OOD or the amount of the lee paid us for professional services as computed under the SCHEDULE OF CHARGES, whichever amount is greater. Moreover client agees to indemnify us against damages in excess of 450.000 or the amount of our fee, whichever amount is greater, arising from suits brought against us by third parties, m connection with our work performed on your project. Change Ord¢rs and Dispute Resolution •- IL during the performanrn of the work under this Agreement, it is determined that the scope of work has expanded or changed such that additional expenditures are required, the client shall be notified by Chat>,ve Order and approval from the client shall be received in writing prior to the performance of the additional services. A'either party sha0 hold the other responsible for damages or delay in performance caused by acts o4 God, strikes, lockouts, accidents or other events beyond the reasonable control of the other party, it's employees or agents. Should bhgation or arbitration occur between the parties relating to the provisions of this Agreement, all Ii6gaHon or azbitration expenses, collection expenses, witness fees, court costs and attorneys' fees reasonably incurred by the prevailing party shall be paid by the non- prevaiting party. F;eW Exploration -- Unless otherwise agreed, the client shall furnish right-of-entry on land for planned field operations. The client shill also proride us with bwtions and depths ofburied utilities and structures. We shall take respon4ble precautions to minimize damage to land from use of equipment, but otu lee does not include cost of restoration of damage resulting from our exploration operations. We shall not be liable Eor damage or injury arising from damage to subterranean structures (pipes, tanks, telephone cables, etc.) which are not wiled to our attention and correctly shown on pWns furnished to us. Payment -Invoices for our services wilt be submitted at otu ophon on a monthly basis o< when the work is completed. Invoices will be due immediately, but will not be d¢linquent it paid on or before the thirtieth day following the date of the invoice. IE payment is not so made, interest will be due on the amount of the invoices at the rate of 1.3 percent for each month of delinquency. If suit is filed, a reasonable attorney's fee, to be set by the court, shall be included in any judgment in our favor. IY V. ) I01 f. L Expert witness testimony for coon appearances and binding artatration shall be charged on a da0y basis (minimum one day inaemenis) at a rate of 53,600 pa day. Deposition testimorry shall be charged at a rate of f450 per hour (minimum one hour charge). Preparation time for depositions or rnurt appearances shall be charged on a timo-and-expense basis in accordance with th¢ Personnel, Equipment and Expense chazges listed herein. r •bontmv Testing and OeophyslcaLService C~arces Laboratory testing and geophysical services shall be charged on atime-and-mater;.~ls txtsB in accordance with the Personnel Equipment, end Expense charges listed herein. Laborarory samples shall be stored for 60 days after the date of Enal report submittal unless special arrangements aze made for longer storage. S 230/hr S 190/hr 4155/hr S 135/hi s lu/hr S 710/hr S 95/hr 5 75/hr 4 60/hr E pence Charces !Cost Plus 159x1 Travel expenses including air fare, lodging, vehicle renwL etc. (a flat subsistence charge of 540 per diem for overnight stay shall be charged in addition to the lodging cost) Excavation subconhactors and expendable field supplies Reproduction of drawings Film, film development, and photograph printing Special lees. permits, insurance, etc. Long diswnce telephone cogs Special mail service (air, electronic, sootier, etc.) Special equipment rental Spedal consulwnt fees s zso/day s loo/day 5100/dsy 5 100/day 8 200/day 5 150/day S 100/day S 100/day 5.40/mi COTTON, SHIRES & ASSOCIATES, INC. SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: CITY MANAGER DEPT HEAD: J SUBJECT: Contract Renewal for Monthly Landscape Maintenance Services RECOMMENDED ACTION(S): Approve aone-year contract renewal with Gachina Landscape Maintenance for monthly landscape maintenance services and authorize City Manager to execute the same. REPORT SUMMARY: Currently, Gachina Landscape Maintenance maintains the majority of the City's landscape areas including City grounds, street medians, and Landscape and Lighting District Zones. In addition, they provide maintenance services for a myriad of small landscape improvements throughout the City on a regulaz basis. The table below lists each area maintained by Gachina along with the associated annual cost. Gachina has agreed to the same prices as last year. Medians and Parkways $43,831.44 Allowance for Misc. Landscape Improvements & Repairs (non-contract) $24,000.00 Total: $136,681.44 It is therefore recommended that City Council approve aone-year extension to the existing contract with Gachina Landscape Maintenance for monthly landscape maintenance services and authorize City Manager to execute the same. FISCAL IMPACTS: Funding for the contract is included in the adopted budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The existing contract would not be extended. ALTERNATIVE ACTION(S): The Council could direct staff to solicit additional proposals. FOLLOW UP ACTION(S): The contract extension will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 AGENDA I' ORIGINATING DEPT: Public Works ^CITY MAN PREPARED BY: Cary Bloomquist DEPT HEA SUBJECT: State of California Department of Park and Recreation 2002 Resources Bond Act (Proposition 40): Approval of the Per Capita Grant Resolution and Roberti-Z'Berg-Harris Urban Open Space and Recreation Program Block Grant Resolution. RECOMMENDED ACTION(S): 1. Adopt the attached resolution in support of the 2002 Bond Act Per Capita Grant for the City of Saratoga. 2. Adopt the attached resolution in support of the 2002 Roberti-Z'Berg-Harris Urban Open Space and Recreation Program Block Grant for the City of Saratoga. REPORT SUMMARY: As a direct result of the passage of the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, the City was allocated $220,000.00 in Per Capita Grant Funds, which do not require a local match of City funds. The City was also allocated $82,454.00 in Roberti-Z'Berg-Harris Urban Open Space and Recreation Program Block Grant Funds, which also do not require a local match of City Funds. The first step in the process for the City to receive grant funds is to encumber them via authorizing resolutions from City Council. Our state appointed project officers strongly encouraged City staff to encumber the funds as soon as possible. Upon receipt of the authorizing resolutions, the second step of the process involves the State forwarding contracts for signature by the City Manager and City Attorney. Once the contracts have been signed and reviewed by the State and if no problems are detected, the State will send the City fully executed contracts. To remain eligible for Grant funding, the City must obtain grant contracts with the State by the June 30, 2006 deadline. All approved projects for the Per Capita Grant and for the Roberti-Z'Berg-Hams Block Grant must be completed by June 30, 2011 or funding maybe lost. RESOLUTION 2002 Resources Bond Act PER CAPITA GRANT PROGRAM Resolution No: RESOLUTION OF THE CITY COUNCIL, CITY OF SARATOGA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Per Capita Allocation, and WHEREAS, the Applicant will enter into a Contract with the State of California; NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL, CITY OF SARATOGA hereby: 1. Approves the filing of an Application for local assistance funds from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the CITY MANAGER as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of Project(s). Approved and Adopted on the first (15t) day of September, 2004. I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the CITY COUNCIL, CITY OF SARATOGA following a roll call vote: Ayes Noes Absent (Clerk) 2002 Per Capita Procedural Guide 16 4. Certifies that the Project conforms to the recreation element of any applicable city or county general plan; and 5. Appoints the CITY MANAGER as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. Approved and Adopted on the first (15t) day of September, 2004 I, the undersigned, hereby certify that the foregoing Resolution Number was duly adopted by CITY COUNCIL, CITY OF SARATOGA following a roll call vote: Ayes Noes Absent (Clerk) 2002 RZH Block Grant Procedural Guide 21 SARATOGA CITY COUNCIL MEETING DATE: September 1.2004 AGEN ORIGINATING DEPT: Finance CITY PREPARED BY: Pete Kolf DEPT HEAD: Pete Kolf SUBJECT: Amend the Budget for FY2004/OS to carryover revenue received in FY2002/03 for the Califomia Law Enforcement Equipment Program (CLEEP) which was closed into fund balance, but can only be used to purchase public safety high technology safety equipment. Revenue received amounted to $20,044. RECOMMENDED ACTION: A resolution amending the General Fund Budget for FY2004/OS to provide an appropriation for equipment to be purchased with CLEEP revenue received in FY2002/03 and closed into the General Fund Balance in error. REPORT SUMMARY: CLEEP revenue can only be spent on public safety high technology safety equipment. Consequently, the revenue received in FY2002/03 must be spent on this equipment in FY2004/OS since it has not previously been spent. FISCAL IMPACTS: The Unobligated Reserve of $493,420 in the General Fund will be reduced by $20,044. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: CLEEP revenue not spent on public safety high technology safety equipment must be returned to the State of Califomia. ATTACHMENT: Resolution amending the General Fund Budget for FY2004/05. SARATOGA CITY COUNCIL MEETING DATE: ORIGINATING DEPT PREPARED BY: September 1, 2004 AGENDA ITEM: Community Development CITY MANAI Thomas Sullivan, AICP. DEPT HEAD: SUBJECT: Amendment and Extension of an Interim Ordinance Prohibiting New Personal Service Businesses on the Ground Floor Fronting a Street in the Village RECOMMENDED ACTION: Accept public testimony regarding the draft Ordinance and adopt the ordinance. REPORT SUMMARY: A draft Ordinance amending and extending Ordinance 225, which prohibits the establishment of new Personal Service Businesses in the Village has been prepared for Council approval This Ordinance would continue the bar against new Personal Service Businesses from locating in ground floor spaces fronting a street in the Village. Personal Service Businesses include, but are not limited to, hair and nail salons and day spas. This Ordinance will extend the Interim Ordinance by one year. This ordinance may not be extended again. STAFF REPORT: Background - At the September 17, 2003, City Council meeting Council discussed recent action taken by the Town of Los Gatos to adopt an Urgency Ordinance to preserve currently vacant retail spaces in their historic downtown commercial district by placing a moratorium on new Personal Service Businesses. The Los Gatos ordinance addressed a Town policy that classified Personal Service Businesses as a permitted use on street frontage in their historic downtown. In a move to preserve the remaining vacant retail space and overall downtown business mix, the Los Gatos Town Council adopted an interim moratorium on new Personal Service Businesses to allow staff time to develop alternative approaches to regulating these types of uses. At the same meeting, Council directed staff to investigate whether the Saratoga Village has experienced the same trend away from retail towards a predominance of personal services. At the Ciry Council meeting of October 15, 2003 an Interim Ordinance was adopted. On November 19, 2003 this urgency ordinance was extended until October 14, 2004 by the adoption of an ordinance. Saratoga's downtown historic business district has experienced a significant loss of retail shops. This is a trend experienced not only in the Ciry of Saratoga's downtown but also in many downtowns throughout California. Personal Service Businesses are an industry on the rise, and with high vacancy rates downtown, the City of Saratoga is experiencing a surge in the applications for nail salons, hair parlors, and various other personal services. In October 2003, the most common Personal Service Businesses currently found in the downtown are hair and nail salons, which are allowed on ground floor spaces. A survey showed The Findings section also explains that the Ordinance is not subject to CEQA because it falls outside the definition of a project in the CEQA Guidelines. Section 15378 of the Guidelines provides that a project is an action with potential for resulting in a direct or indirect physical change in the environment. Because the moratorium would not authorize any new Personal Service Businesses and would be of a limited duration, it does not create the potential for a physical change in the environment. The findings note that even if the moratorium were to be considered a project it would be exempt from further review because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The Moratorium -Section 2 of the Ordinance imposes the moratorium. This section provides that notwithstanding any provision of the General Plan, Saratoga City Code, or other Ciry policies, no new Personal Service Business will be allowed to locate on the first floor fronting a street of the Village. This Section also defines a Personal Service Business as a use, not conducted within an office, providing services for the personal care of an individual including, but not limited to, hair and nail salons and day spas. Duration of Ordinance and Extension Procedure -Section 3 explains that this Ordinance extends the moratorium until October 14, 2005. The Council must pass this Ordinance by 4/5ths vote. The remaining sections of the ordinance set forth various procedural matters that are self- explanatory. FISCAL IMPACTS: Adoption of the Interim Ordinance and preparation of recommendations regarding the potential changes to the Village (CH-1/CH-2 zones) for personal service uses will not have a direct fiscal impact on the Ciry. However, a continued loss of retail uses to Personal Service Businesses could result in erosion of sales tax revenue to the City of Saratoga over time. ADVERTISING, NOTICING, AND PUBLIC CONTACT: A notice of public hearing was published in the Saratoga News. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION Personal service uses in the Village would remain unchanged. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ATTACHMENTS: 1. Draft Interim Ordinance retail businesses, and ultimately jeopazdizing the ability of the City's retail aeeas to successfully compete with other retail areas in the region. i. The City's Department of Community Development has been directed to evaluate and make recommendations to the Planning Commission and City Council regarding the necessity and potential form of regulation of new Personal Service Businesses. j. Establishment of new Personal Service Businesses during the time the City staff is studying the business environment and the value of imposing regulations on such businesses could result in conflicts with any regulations that might ultimately be adopted. k. For the reasons stated herein, the opening of new Personal Service Businesses in the Village during the term of this Ordinance poses a current and immediate threat to public health, safety, and welfare. 1. In recognition of the foregoing the City Council on October 15, 2003 adopted an urgency ordinance imposing a 45-day moratorium on the establishment of any new Personal Service Businesses in the Village. Because it has not yet been possible to obtain and evaluate the information being developed by City staff, the purpose of this ordinance is to extend that moratorium to October 14, 2004. m. This Ordinance is not a project subject to the California Environrnental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378, subdivision (b). In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in section 15061, subdivision (b) (3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The purpose of this Ordinance is to prohibit on an interim basis, new Personal Service Businesses in the Village, which maybe otherwise permissible under _ existing policies. The Ordinance will not create a change in the environment because it maintains the status quo. Any delay in opening such businesses is only temporary in nature, and would not indirectly or directly result in a physical change to the environment. Section 2. Regulation. The following regulation is hereby imposed. This regulation shall prevail over any conflicting provisions of the Saratoga City Code or the other ordinances, resolutions, policies, and regulations of the City of Saratoga: 1. During the term of this Interim Ordinance, no new Personal Service Business shall be located on the first floor of the Commercial Historic District (CH-1 and CH-2), unless: (a) a lease has been executed prior to the effective date of this Ordinance; or (b) the primary access to the Personal Service Business is not either from Big Basin Way or across the front lot line. 2. "Personal Service Business" means a use, not conducted within an office, providing services for the personal care of an individual including, but not limited to, hair and nail salons and day spas. Section 3. Interim Urgency Ordinance. Note: This form establishes costs but does not count abatements neither voluntary nor Tawed. Sheriff 3 months 693 towed 694 mark number hours number hours Period Public 3 1.5 25 12.5 Private 3 1.5 18 9 Saratoga towed mark Period number hours number hours Public 0 0 32 16 Private 0 0 5 2.5 TOTAL Public 3 57 Marked Towed Private 3 23 Saratoga Code Enforcement Sheriff 18 5 Hours 23 hours rEi ;i~~i„;@rate $97.41 @rate $925 Field Cost $ 2,240.43 Field Cost Hours Rate Total Patrol Deputy 23 $97.41 $ 2,240.43 Saratoga 185 ,. t;~~~,~Qd;1 $ 925.00 Overhead $185.00 Lt. Caldrone 1 $ 97.41 $97.41 Sgt. Tait 1 $ 97.41 $97.41 Traffic 1 $ 97.41 $97.41 Sec 1 $ 47.52 $47.52 Clerk 1 $ 38.59 $38.59 Data Entry 1 $ 37.14 $37.14 1 $ ss.sa $69.84 r ~ ~ l t ~ ~ ip~ ~irr ; W~3~ rjj~,~~~~ ii"p~'~qq'¢~3~y ~~~,~5p~a ~ t ~Plale,f~txFO.~r1~e~;i~~i?~~~lid rb`~a~i7~'P; SARATOGA Code Super 1 $50 $50.00 City Staff 1 $50 $50.00 TOTAL $ 3,835.75 Supplies $0.00 TOTAL $ 3,835.75 Establish rate/Hour and replace $50 ?? Could be accountant, clerk, Paula, City Mgr?? Qtr 4, 2000 2000 Saratoga Cost SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 AGENDA I' ORIGINATING DEPT: Public Works PREPARED BY: Cary Bloomquist CITY MAN DEPT HEAD: ~ SUBJECT: Grant Opportunities Review by City Council /Review of Grant Writer Utilization and Guidance Policy RECOMMENDED ACTION(S): I . Review grant opportunities and provide direction to staff. 2. Review Grant Writer Utilization and Guidance Policy for possible change. REPORT SUMMARY: Back round At their June 2, 2004 meeting, Council adopted a City of Saratoga Grant Writer Utilization Procedure (attachment A) and a City of Saratoga Grant Writer Utilization and Guidance Policy (attachment B). As stated in these documents, City staff is required to forwazd grant opportunities utilizing the services of our contracted grant writer, Randall Funding and Development, to City Council for review. Discussion of Grant Opportunities Presently, there aze three grant opportunities requiring review by City Council. These grant opportunities are summarized in the table below and more fully discussed in the following paragraphs and attachments: Grant Appllcant• 1. City of Saratoga 2. Sazatoga Historical Museum 3. Saratoga Historical 2002 State of California Bond Act (Prop 40) Rec. Trails Program Office of the State Histonan, Cal. Cultural & Historic Endowment Inst. Of Museum & Library Serv. Museum Services Cons. project Rec uest Amouut: Due dai To be determined 10/1/04 $60,000 110/1/04 $20,000 19/30/04 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Grant Opportunities will not be explored ALTERNATIVE ACTION(S): Choose one or more of the above listed grant opportunities FOLLOW UP ACTION(S): Direct Randall Funding and Development to complete Grant Applications for approved Grant(s) ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Attachment A-Grant Writer Procedure Attachment B-Grant Writer Utilization and Guidance Policy Attachment C-Recreational Trails Program Grant Attachment D-California Cultural and Historical Endowment (CCHC) Grant Attachment E-Institute of Museum and Library Services (IMLS) Grant ATTACHMENT B CITY OF SARATOGA GRANT WRITER UTILIZATION AND GUIDANCE POLICY INTRODUCTION: The purpose of this policy is to inform all City Departments and non-profit organizations, as defined below, the City of Saratoga has contracted with Randall Funding & Development, Inc (RF&D) for a term of two (2) years. In addition, the City may offer the use of RF&D, as defined in the City of Saratoga Independent Consultant Agreement, to non-profit organizations as defined below. NON-PROFIT ORGANIZATION DEFINITION: Any organization deemed a "Califomia non-profit Public Benefit Corporation" may be considered as eligible to use the services of RF&D as explained and defined in the City of Sazatoga Independent Consultant Agreement. These organizations are listed under California law for charitable or civic league purposes and eligible for federal tax exempt status under sections 501 (c) (3) and 501 (c) (4) of the Internal Revenue Code. PROCESSES: A description of the procedures for utilizing the services of RF&D is described in a sepazate document titled: Contracted Grant Writer Utilization Procedure. City Council approval is required prior to RF&D submitting the completed Grant Packet to the Grantor. FEES: As defined in the City of Sazatoga Independent Consultant Agreement, the City may provide non-profit organizations, as defined in this document, the benefit of using RF&D grant writing services for the preparation of grant proposals, with the 3% incentive fee being the full responsibility the non-profit organization and as defined in the Consultant Agreement. The 3% incentive fee shall not exceed $15,000. Upon notification of funding approval by the granting agency, the incentive payment to RF&D shall be due and payable within thirty (30) days. Grant funds awazded cannot be used toward the payment of incentive fees. 3. Purchase and lease of recreational trail construction and maintenance equipment; (motorized projects) 4. Construction of new recreational trails, except that, in the case of new recreational trails crossing Federal lands, construction of the trails shall be: (a) permissible under other law; (b) necessary and required by a statewide comprehensive outdoor recreation plan that is required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460/-4 et seq.) and that is in effect; (c) approved by the administering agency of the State designated under subsection (c)(1); and (d) approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the Federal agency detennines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 1600 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 5. Acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors; 6. Operation of educational programs to promote safety and environmental protection as those objectives relate to the use of recreational trails, but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year. * (motorized projects) * State law, Chapter 964, places further limits on the use of funds for non-motorized trails. At least one-half of the funds for non-motorized trails shall be grants to cities, counties, districts, and nonprofit organizations for the acquisition and development of new trails and reconstruction and relocation of existing trails. Maintenance (at #1), purchase of equipment (at #3), and educational programs (#6) are, therefore, not permissible uses for non-motorized projects. USES NOT PERMITTED 1. Condemnation of any kind of interest in property; 2. Construction of recreational trails on Bureau of Land Management or National Forest System lands for motorized use unless such lands; 2 If the applicant's equipment is used, a report or source document must describe the work performed, indicate the hours used and relate the use to the project. Where the purchase of equipment is permissible, the full purchase costs of the equipment is eligible. Where the purchase of equipment is not permissible, the residual market value of the equipment must be credited to the project costs upon completion. 4. Construction supplies and materials -Supplies and materials may be purchased for a specific project or may be drawn from a central stock, provided they are claimed at a cost no higher than that paid by the grant recipient. Supplies and materials purchased for the construction of a piece of equipment, a structure or a part of a structure, maybe charged to the project. If charged, only that cost incurred during the project performance period and attributed to the project may be claimed. 5. Signs and interpretive aids -The cost of signs, display boazds, or other minor interpretive aids relating to the project aze eligible. 6. Construction -The cost of all necessary construction activities, from site preparation (including demolition, excavation, grading, etc.) to the completion of a structure or facility is eligible. 7. Acquisition -Costs of acquiring real property are eligible and may include the purchase price of the property, appraisals, surveys, preliminary title reports, escrow fees, title insurance fees. 8. Relocation costs -Relocation costs are allowable for projects that result in displacement on any person and/or business. The applicant must comply with the requirements of the State Relocation Act (Chapter 16 Government Code, Section 7260 et seq.) if applicable, even if relocation costs are not claimed for reimbursement. 9. Non-Fixed Equipment -The purchase of non-fixed equipment, such as snow grooming tractors oroff-highway patrol vehicles, is eligible only for maintenance projects and environmental protection or safety education programs. 10. Other expenditures - In addition to the major categories of expenditures, reimbursements maybe made for miscellaneous costs necessary for execution of the project. Some of these costs are: a. Communications (such as telephone, telegrams, letters, etc.); b. Premiums on hazard and liability insurance to cover personnel and/or property; PROJECT NARRATIVE A. NEED FOR THE PROJECT: (60 Points) 1. Describe the deficiency of similar opportunities in the project area. Projects that enhance trail opportunities or provide immediate impacts on the quality, quantity or variety of recreational opportunities and experiences provided in the area will receive higher priority. 2. Who will be served by this project and what is the estimated use? Expanded trail use by diverse populations, including special and economically disadvantaged populations, will receive higher priority. High use will receive higher priority. Projected visitation figures should be cited. 3. Is your project supported by others (non-profit groups, public agencies, or citizen groups)? If so, attach letters of support. Is there additional support for the project (outside funding, donated materials, volunteer labor, trail patrols)? Projects with broad community support will receive higher priority. The project should respond to citizen identified needs or display citizen support for the idea. 4. How is the project consistent with Statewide Comprehensive Outdoor Recreation Plan (SCORP), Statewide Trails Plan, city, county, or regional master plan or the applicant's general plan. Higher priority will be given to projects that are consistent with state and/or local plans. 5. How will this project connect or compliment other trails or result in the development of urban trail linkages near homes and workplaces? Trails which enhance the quality and quantity of recreational opportunities and link with other trails available in the community or region will receive higher priority. 6. Are there additional points of interest that contribute to the project (historic, cultural, geographical or scenic)? Projects providing natural, cultural, historic or scenic characteristics will receive a higher priority. 7. Describe how the project provides for diversified recreational uses and/or trail corridor sharing? 6 1. How soon can the project start after the funds become available? Applications that display the ability to start the project immediately will receive higher priority. Development projects without land tenure will not be considered. Acquisition projects without a willing seller will not be considered. Page 2 of 2 his wife Mary Brown. This grant also includes evaluation of other items in our collection. Grant requests have a matching funds requirement; however many of the grants for which we plan to apply allow us to consider the donated services of from our docents and the Saratoga community in lieu of cash. The Saratoga community and the Saratoga Council has been very supportive of the Museum in the past and we hope to proceed with these requests in a timely manner. Willys Peck, President Saratoga Historical Foundation April Halberstadt, Executive Director Saratoga Museum 8/24/04 Page 2 of 2 I am getting carried away. I think the answer is Yes, we can get the preliminaries together by the submission date. Enthusiastically, April Halberstadt 8/20/04 Table of Contents Subject Page Introduction 3-4 Grant Awards 4 Grant Deadline 4 Method of Delivery 5 Place of Delivery S Eligible Applicants S Eligible Projects 5 Capital Projects 6 CCHE Priorities 6 Other Areas of Consideration 6 Instructions for Filling Out CCHE Grant Application 7 Grant Application Goals $ Checklist 9 Criteria that will be used to evaluate CCHE Grant Applications 10-13 CCHE Grant Review and Selection Process 14 General Provisions of the Grant Agreement 15-16 Summary of Major Provisions CCHE Grant Application 17-34 Conceptual Paper and Proposed Criteria 35-36 2 - The CCHE Board has also voted to incorporate the Conceptual Paper submission process as part of the subsequent two rounds of funding. Further, detailed information as to how the submission process will be accepted in the second and third round of funding will be made available upon CCHE Board determination and approval. Round One $50 million l~cycle-$35 million 2"d cycle-$15 million CCHE FUNDING $122 million Round Two $36 million Round Three $36 million Maximum and Minimum Grant Awards: It was also decided at the CCHE Board Meeting on 7/13/04 that Grant Awards in the following amounts be available to grant applicants: Minimum Amount: $25,000 Maximum Amount: $5 million Grant Deadline: CCHE GRANT APPLICATIONS FOR THE FIRST ROUND OF FUNDING MUST BE POSTMARKED BY THE FOLLOWING DATES. HAND DELIVERED, FAXED OR EMAILED APPLICATIONS WILL NOT BE CONSIDERED. (Still to be considered by the CCHE Board-This is just a proposal) Division One October 1, 2004 -CCHE Grant Application Division Two January 31, 2005 -Conceptual Paper April 30, 2005 - CCCHE Grant Application Capital Projects Only: The bond funds available to CCHE can only be used to fund capital projects. This is required by state law. In general, a capital project involves constructing, acquiring, or preserving a tangible physical asset with a useful life of 15 years or more, or for design and planning directly related to that project. Under some circumstances, bond funds can be used for shorter-lived assets and equipment. If in doubt, please contact the CCHE staff. CCHE Priorities: Priority of funding will be to: a. Preserve, interpret, and enhance understanding and appreciation of the State's cultural, social, and economic evolution in the 20th century. b. Preserve, document, interpret or enhance understanding of threads of California's story that are absent or underrepresented in existing historical parks, monuments, museums and other facilities. c. Achieve careful balance geographically, among communities and organizations of large and small size, and among diverse ethnic groups. Other Areas of Consideration: CCHE will also consider projects that do not fall within these examples and priorities. If in doubt, interested applicants may check with CCHE staff before submitting a grant application or a Conceptual Paper. Please also refer to the Evaluation Criteria Section of this CCHE Grant Application for factors that will be reviewed and considered while scoring grant applications. CCHE Grant Application Goals Through the competitive grant application process, CCHE hopes to encourage all Californians to participate in and take the opportunity to actively and consciously discover and appreciate California's rich, diverse and ever changing culture and history. By supporting a wide and assorted blend of themes, eras, places, regions, cultures and activities, we can tell the stories of California as a unified society and of the many groups of people that together comprise historic and modern California. Project applications are most likely to be successful candidates for funding if they include: 1. A well thought out project description with specific goals focusing on California culture or history (or both) and which explains how that project relates to its physical surroundings. 2. An explanation of why the project is needed, taking into consideration some or all of CCHE priorities. 3. A plan for public participation and for ensuring visibility for the project. 4. A plan for the continuation of the project after it is completed. 5. A well thought out budget that includes a work plan with specific tasks that can actually be accomplished, and which provides for the continuation of the project after CCHE grant funding has been spent. 6. A qualified team to assist in the implementation of the project. Criteria for the CCHE Grant Application The following factors will be used to evaluate CCHE Grant Applications by CCHE staff. Each CCHE Grant Application will be assigned a numerical score. The maximum score available is 100 points. Each question in the CCHE Grant Application has been assigned a maximum number of points. CCHE staff will assign points to each question for each project application, not to exceed the maximum number assigned to each question. Question One-Project Description TOTAL: 15 POINTS A. Addresses CA Culture or History (or both) 1. "Culture" includes the creative contributions of identifiable ethnic and other communities that have added significant elements to California's culture, including, but not limited to: architecture recreation landscaping food and drink urban forms styles literature artistic expressions pastimes folk life expressive residences technology innovative shopping movie and television production arrangements language 2. "History" includes buildings, artifacts, and other materials that tell the story of an identifiable period of time or a specific era, movement, phenomenon or event that shapes the course of the future B. Application of Subject Matter Puts the project into the context of its current, physical place/location, and explains the relationship of past and present at that place. C. Thread The project preserves, documents, interprets or enhances understanding of threads of California's story that are absent or underrepresented in existing historic parks, monuments, museums, and other facilities 10 Question Four-Legacy TOTAL: 15 POINTS-Legacy A. How will the project be maintained and operated after the CCHE grant period? B. Does this project have a life value of 15 years or more? C. Does this project convey a story that will continue to expand California culture and history to all Californians? Question Five-Project Goals and Budget TOTAL: 25 POINTS-Project Goals and Budget Project Goals A. Clear and concise description of each task to be performed under project (reasonable estimates for costs, basis of estimates included) B. Reasonable deadline date to complete each task indicated C. Logical progression from one task to the other. D. Identifying measurable/segregated tasks Budget E. Clear identification of funding sources for each task with measurable and expected achievements or outcomes. F. Reasonable allocation of matching funds and explanation of source G. Base of support is diversified and clear deadline dates set for receiving funds from each source H. Economically feasible project to pursue I. Project will further the knowledge of CA culture and history for all Californians J. How is the project clearly demonstrating the 1 to 1 match requirement. K. Does the applicant provide enough information to recommend a reduced match requirement? (for those applications requesting a percentage reduction in the match-Appendix A) 1z CCHE Grant Review and Selection Process a. Staff Review The CCHE grant review and selection process will begin with CCHE staff reviewing and ranking applications based on the criteria indicated in this booklet. (Please refer to the Criteria section). CCHE staff will assign numerical points to each CCHE grant application. There will be a maximum of 100 points available for each CCHE grant application. CCHE staff may also request comments from individuals and/or technical experts with expertise in specific areas during the review period. Site visits may also be conducted during this time. In addition, CCHE Grant Applicants may be asked to provide further information during the CCHE grant review process. Projects will be evaluated separate and independently. Since CCHE is a new program with broad and diverse interests in promoting California culture and history to all Californians, projects that will assist CCHE in this endeavor will be recommended. Priorities highlighted in the legislation will also be considered when making a recommendation to the CCHE Board. b. CCHE Board Determination A list of recommendations by the CCHE staff will be presented to the CCHE Board for consideration after all eligible CCHE Grant Applications are reviewed. The CCHE Board will have the option to use the CCHE staff findings as one of the factors in making a final determination of CCHE funded projects. The CCHE Board may also consider the range of project applications as a whole, in order to select a combination of projects to serve the overall interest and objectives of CCHE. After the CCHE Board approves the grants, the CCHE Grant Applicant (now known as the Grant Recipient) will enter into a Grant Agreement, (Agreement) with CCHE. This Agreement will describe the terms and conditions to receive CCHE funding. An Agreement is a legally binding document that includes the requirements of the grant recipient while receiving CCHE funding and information about how and when funds can be disbursed. GRANT RECIPIENTS ARE NOT ALLOWED TO INITIATE THEIR CCHE PROJECTS UNTIL A SIGNED AGREEMENT IS ISSUED BY CCHE. CCHE BOARD DETERMINATION THAT A GRANT RECIPIENT WILL RECEIVE FUNDING DOES NOT CONSTITUTE A SIGNED AGREEMENT. 14 d. e. f. h. j• Standard of Professionalism Union Organizing-Certification Non Discrimination-Certification Drug Free Workplace-Certification Labor Code/Worker's Compensation-Certification Americans with Disabilities Act- Certification Air or Water Pollution Violation-Certification Projects involving Real Property a. Recent Appraisal Report b. Description of Scope of Work c. Copies of County Assessor's plat map d. Requirements regarding Grants purchasing land e. Copies of Construction, redevelopment or rehabilitation costs f. Proof of fee title, leasehold or other interest in property g. Willing Seller of Land h. Meet Secretary of Interior's Standards for the Treatment of Historic Properties and shall comply with CEQA i. Covenant Running with the Land j, Damage to Property k. Remedy I. Public Access Acknowledgement of CCHE Funds a. CCHE logo b. Language c. property and equipment acquired with CCHE funds shall be used for only the purpose which CCHE approved their acquisition 16 CCHE Grant Application -Round One, Cycle One Page Two of Thirteen Question One-Project Description Please describe how your project relates to the culture or history (or both) of California. Be as clear and descriptive as possible about the purpose and goal of your project from its start to completion. You may include a visual description of your proposed project and attach it to the CCHE Grant Application. Visual descriptions are limited to photos, maps, drawings and other images that can be easily reproduced onto a 8x11 piece of paper. The visual description is limited to two 8x11 pieces of paper and should be attached and identified as Appendix A. Visual descriptions are not a mandatory requirement of the CCHE Grant Application. (Use the space provided below and the rest of the next page for your Project Description) 18 CCHE Grant Application -Round One, Cycle One Page Four of Thirteen Question Two-Need Please highlight the important factors regarding the need for your project. For example, if your project is in imminent danger of being destroyed or lost forever, and/or if your project shares a story regarding an absent or underrepresented aspect of California culture or history, please describe in detail. (Use the space provided below and the rest of the next page) 20 CCHE Grant Application -Round One, Cycle One Page Six of Thirteen Question TFiree-Visibility and Public Participation CCHE would 'like all projects to have broad visibility and public participation. Please indicate how you plan to encourage public participation in the planning and implementation of your project and how you plan to achieve broad visibility in the immediate neighborhood and in the surrounding region. (Use the space provided below and the rest of the next page) 22 CCHE Grant Application -Round One, Cycle One Page Eight of Thirteen Question Four -Legacy Please indicate how you plan to maintain your project after utilizing CCHE funds, and how you plan to continue to convey the story of your project to your intended audience. (Use the space provided below and the rest of the next page) 24 CCHE Grant Application -Round One, Cycle One Page Ten of Thirteen Question Five Please identify the tasks required to complete your project and propose a budget to accomplish those tasks using the chart below: Please remember that CCHE funds can only be used for capital projects. PLEASE NOTE THAT THE CCHE BOARD WILL REQUIRE ALL GRANT APPLICANTS TO PROVIDE A ONE TO ONE MATCH OF FUNDS. MATCHING FUNDS MAY INCORPORATE A COMBINATION OF FACTORS, INCLUDING BUT NOT LIMITED TO CASH, IN-KIND SERVICES, DONATION OF EQUIPMENT RENTAL, VOLUNTEER SERVICES. THE CCHE BOARD WILL ALSO CONSIDER APPLICATIONS REQUESTING A PERCENTAGE REDUCTION IN THE MATCH REQUIREMENT. THESE PROJECTS MUST ILLUSTRATE AND FOCUS ON A PROJECT THAT WISHES TO ADDRESS AN ABSENT OR UNDERREPRESENTED ASPECT OF CALIFORNIA CULTURE OR HISTORY. 26 CCHE Grant Application -Round One, Cycle One Page Eleven of Thirteen Question Five Continued 28 3. Certify that the Grant Applicant has reviewed, understands and agrees to the General Provisions of the Grant Agreement; and 4.Appoint the executive officer or other agent of the applying public agency to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the project. Question 5b. (Appendix C) If you would like to request a percentage reduction of the matching funds requirement of the Grant Application, please clearly state your reasons for this request. This should be referred to as "Appendix C". 30 4.Appoints the (designated position) as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, Agreements, payment requests and so on, which may be necessary for the completion of the project. I, the undersigned, hereby certify that the foregoing Resolution Number was duly adopted by the (name of organization) following a roll call vote: Ayes Noes Absent Secretary/Clerk 32 Certification of Application: Certification I am the duly authorized representative for the above named eligible applicant. The information submitted in this CCHE Grant Application is true and correct to the best of my knowledge. Date: Signature: Print Name: 34 Grant Deadline-Division Two Applications under this Division must be postmarked by the following dates: January 31, 2005 -Conceptual Paper April 30, 2005 -CCHE Grant Application Eligible Applicants Criteria Capital Requirements Size of Grant Awards These requirements will follow the same procedures used in Cycle One- Round One of the CCHE Grant Application. Please refer to the previous section for specific information Review Process CCHE staff will review the Conceptual Paper using the same criteria for CCHE Grant Applications. The staff may seek the assistance of individuals who possess specific areas of expertise to provide guidance in evaluating these applications. A list of recommendations of which applicants should be invited to submit a full CCHE Grant Application will then be presented to the CCHE Board for final determination. Conceptual Paper submissions that receive a majority vote from the CCHE Board will be asked to submit a CCHE Grant Application. Those selected to submit a CCHE Grant Application will follow the same criteria and procedures set forth in Cycle One-Round One of this Booklet. NOTE: THERE IS NO GUARANTEE THAT CONCEPTUAL PAPER SUBMISSIONS SELECTED TO SUBMIT CCHE GRANT APPLICATIONS WILL RECEIVE CCHE FUNDING. 36 Page 2 of 2 his wife Mary Brown. This grant also includes evaluation of other items in our collection. Grant requests have a matching funds requirement; however many of the grants for which we plan to apply allow us to consider the donated services of from our docents and the Saratoga community in lieu of cash. The Saratoga community and the Saratoga Council has been very supportive of the Museum in the past and we hope to proceed with these requests in a timely manner. Willys Peck, President Saratoga Historical Foundation April Halberstadt, Executive Director Saratoga Museum 8/24/04 Due Date Program Description 9/30/04 IMLS Museum Services Conservation Project Support: The Conservation Project Support program awards matching grants to help museums identify conservation needs and priorities and perform activities to ensure the safekeeping of their collections. Conservation Project Support grants help museums develop a logical, institution-wide approach to caring for their living and nonliving collections. Applicants should apply for the project that meets the institution's highest conservation needs. All applications must demonstrate that the primary goal of the project is conservation care and not collection management or maintenance. Collections maybe in one of 4 categories: 1. nonliving; 2. systematics/natural history; 3. living plants; 4. living animals. Grants are available for 5 broad types of conservation activities, including: 1. surveys (general, detailed condition, or environmental); 2. training; 3. research; 4. treatment; and 5. environmental improvements. An institution may submit one application each fiscal year. Conservation Project Support also funds exceptional projects with far-reaching effects that benefit multiple institutions. Such projects may cut across collections categories. An institution may not apply for an exceptional project grant that will benefit only that museum. Applicants may receive up to $10,000 in addition to their project funding to develop an education component that directly relates to their project. IMLS will support activities that include lectures, oral or visual interpretation, videos, CD-ROMs, publications, and workshops or other methods that improve visitors' knowledge about the institution's conservation project. IMLS supports educational activities that directly relate to the funded project. These funds may not be used for staff training or general museum education. Requesting funds for an education project will not be a factor in determining which conservation projects receive funding. Project Period: Generally up to 2 Yeazs; 3 Yeazs with strong justification. Matching Funds Requirements: 1:1 for Total Project Request. Eli ib~plicants: All types of museums, large and small, are eligible for funding. Eligible museums include aquariums, azboreta and botanical gardens, art museums, youth museums, general museums, historic houses and sites, history museums, nature centers, natural history and anthropology museums, planetariums, science and technology centers, specialized museums and zoological parks. Federally operated and for- profit museums may not apply for IMLS funds. An eligible museum must: • museum environment • fabrication and condition of structures housing collections • museum staffing and training • policies and procedures concerning the use of collections. CAP only funds general conservation assessments. It does not fund conservation treatment or supplies, building preservation projects, or general operating costs. The general conservation survey or assessment (unlike a detailed collection survey) provides an overview of all of the museum's collections, as well as its envirorunental conditions, policies, and procedures relating to collections care. The assessment report assists the institution by: 1. providing recommendations and priorities for conservation actions, both immediate and long-term; 2. facilitating the development of long-range institutional plans for the care and preservation of the collections; and 3. serving as a fundraising tool for future conservation projects. In celebration of the Bicentennial of the Lewis and Clark Expedition of 1803-1806, INILS is working cooperatively with the Lewis and Clark Bicentennial Council, the state Lewis and Clark committees, and the sovereign nations touched by the expedition to commemorate this major event that shaped the boundaries and the very future of the United States. To help museums in the 18 states along the Lewis and Clark trail prepare not only for the commemorative events planned in the coming months and years, but also to strengthen their collections care, service to visitors, educational activities and overall operations so that the museums can better care for their collections and implement their __ missions, IMLS encourages museums in the following trail states to participate in the Conservation Assessment Program (CAP): Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Missouri, Montana, Nebraska, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Tennessee, Virginia, Washington, or West Virginia. All museums in the United States or a United States temtory are eligible to apply to CAP and are encouraged to do so. However, because of the increased interest that museums in the trail states anticipate during this bicentennial commemoration, eligible museums located in the 18 Lewis and Clark trail states will receive preference for CAP funding during FY 2004. Project Period: 1 year. Matching Funds Requirements: Requires Modest Cost-Sharing. Eligible Applicants: Any not-for-profit museum that cares for and owns or uses tangible objects, exhibits them on a regular basis, is open to the public at least 120 days annually and has at least one full-time paid or volunteer staff person or the equivalent and is located in one of the 50 states of the Union, the District of Columbia or U.S. territories is eligible to apply. Size o Awards: Varies. Special Note: The 2004 CAP applications were mailed on October 10, 2003, and will be accepted on a first-come, first-served basis until the postmark deadline. CFDA Number.• 45.304. Due Date.• 11/30/04. • care for and own or use tangible objects, whether animate or inanimate, and exhibit these objects on a regular basis through facilities that it owns or operates; • have at least one professional staff member or the full-time equivalent, whether paid or unpaid, whose primary responsibility is the acquisition, care, or exhibition to the public of objects owned or used by the museum; and • be open and providing museum services to the general public (an institution which exhibits objects to the general public for at least 120 days a yeaz fulfills this requirement). Private nonprofit museum services organizations or associations that engage in activities designed to advance the well-being of museums and the museum profession also may apply. In addition, institutions of higher education, including public and not-for-profit universities, are eligible. Partnerships aze encouraged, though not required in this program. Partners may include community organizations, institutions and agencies that promote learning, and public media, in addition to libraries, archives, museums, or other cultural heritage organizations. Size ofAwards: Applicants may request $25,000 to $1 million. Special Note: Applicants may prepare and submit multiple proposals in a given fiscal year. However, the same proposal may not be submitted under more than one category. Applying to one grant program does not preclude applying to another. Awazds will be announced in mid-September. CFDA Number.• 45.312. Due Date: 1/31/05. SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 AGENDA ITEM: ORIGINATING DEPT: Public Works Dept. PREPARED BY: John Cherbone CITY MANAGE ~`~ ~^-4d' ~"~ ~ "- DEPT HEAD: SUBJECT: Review of Councilmember Assignments to DeAnza Trail Task Force RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: At the time that the DeAnza Trail Task Force was established, two Council members agreed to participate-Waltonsmith and Bogosian. The Mayor recently asked that these assignments be reviewed to determine whether schedules allow for adequate participation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: None SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGE PREPARED BY: Dave Anderson and Lorie Tinfow DEPT HEAD: SUBJECT: Santa Clara County Sheriff s Office Contract RECOMMENDED ACTION(S): Accept and authorize City Manager to execute the Law Enforcement Contract with Santa Clara County. REPORT SUMMARY: The City of Saratoga has contacted with Santa Clara County for law enforcement services for many years. Recent substantial cost increases associated with salary and pension increases for public safety employees resulted in discussions with the Sheriff's about the contract's future and produced this new contract. The most significant elements of this contract are listed below: - The term of the agreement is 10 years with a possible extension of an additional 5 years. - Service levels will be reviewed annually and can be modified at the City's discretion. - Cost controls have been put in place based on funding levels included in the City's 2004- 05 budget. Salary increases are tied to either actual increases or CPUW plus 2% whichever is smaller. Pension increases will reflect the City's proportion of actual increases sustained by the Sheriff s Office. - The contract also addresses costs associated with moving the Sheriff's Office operations to a new location. - The City or the County can terminate the agreement at any time with 180 days notice. A copy of the final agreement is attached. LAW ENFORCEMENT CONTRACT THIS IS AN AGREEMENT between the County of Santa Clara, State of Califomia, hereinafter referred to as "County," and the City of Saratoga, State of California, hereinafter referred to as "City." WHEREAS, County has the legal authority to render law enforcement services and criminal justice administrative services to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the extent and in the manner hereinafter provided; and WHEREAS, City is primarily responsible for providing law enforcement services within city limits and is desirous of contracting with the County for the rendition of such services; and WHEREAS, County and City desire to enter into an agreement providing for said services, specifying the nature and extent thereof and establishing compensation to be paid therefore; NOW, THEREFORE, the parties hereto agree as follow: I. LAW ENFORCEMENT SERVICES A. Law Enforcement Services 1. Within the corporate limits of City, County shall provide police protection through its Sheriff's Department as maybe required by City and as within the capability of the Sheriff to provide. Services to be performed under this Section A include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. The cost of such services shall be at the rate set forth in Exhibit A (attached). 2. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff. 3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this Section A, the Sheriff or his/her designee shall meet with the representative(s) of City to review the manner of performance of such services. B. Supplemental Services 1. Within the corporate limits of City, County shall, through its Sheriffs Department, provide supplemental services as requested by the City, the cost of such services shall be at the rate set forth in Exhibit A. Services to be performed under this Section B shall be provided exclusively within the City limits of City except in an emergency. These services may include, if requested by City, traffic law enforcement beyond the basic services, 1 promotion or layoff, because a transfer is requested by the individual, or by the City and concurred in by the Sheriff. Special Assignment personnel (e.g. SRO) shall be assigned to City for a period of not less than five years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the City and concurred in by the Sheriff. F. Designation of Chief of Police If City shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or limits City from designating the Sheriff or his designee as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4 of the California Government Code (sections 36501, et seq.). However, this shall not affect the authority of the Sheriff to control and direct employees of this department in carrying out duties and obligations pursuant to this contract and shall not increase any liability to the County arising from this agreement. G. Disaster Contingency Plan 1. In the event of a major disaster that necessitates the activation of an Emergency Operations Center in City, a Sheriff s representative shall immediately be dispatched and report to the Director of Emergency Services (City Manager). 2. Initial response by a Deputy Sheriff maybe the nearest patrol unit or able bodied officer available. 3. A predesignated Sheriff's Emergency Operations Center liaison officer shall be notified as soon possible to respond to the Emergency Operations Center and coordinate law enforcement responsibilities. 4. The predesignated Emergency Operations Center liaison officers maintained on the active call list shall be available to the Director of Emergency Services. 5. Responsibility for personnel instruction and any specialized training in the Emergency Operations Center shall be provided by City. H. Criminal Justice Administrative Fee County shall provide booking and processing services to those arrested persons within the Corporate limits of City, and who are brought to the County jail for booking or detention as set forth in a separate agreement. 3 contract terms, within thirty (30) days of the date of such contract resolution, and if such increase is less that that computed under the CPI/W plus 2% and the additional PERS contribution increases, the amount of said contract for that year will be adjusted accordingly with the decrease retroactive to July 1 of that contract year. 4. County shall specify to City, not less than sixty (60) days prior to the start of City's fiscal year, the new projected budget annual contract amount. 5. a. City shall compensate County at the primary rate, for the "Activity" and "Patrol" time expended in the City. Activity and Patrol time include those categories identified as Codes 671 through 674, 682, 846 and 847c. Additionally, County shall charge city for meal periods, "beat preparation" time and "securing from beat" time at the rate often percent (10%) of the above-referenced hours. b. "Activity" and "Patrol" times are identified through the County Patrol Activity Network Analysis (COPANA) and Patrol Activity Report (PAR). A listing of items and their designations as "Activity" or "Patrol" are to be set forth in the attachment to the yearly plan for service. B. SupplementallReserve Service 1. Compensation for all services within Sections I.A., B. and C. to be rendered pursuant to this agreement shall be based upon one of the following five (5) rates per hour of service: a. Primary Rate. This rate is calculated to reflect the average full cost of operating a Sheriff's patrol vehicle. b. Supplemental Day Rate. This rate is calculated according to the cost of operating cone-person Sheriff's vehicle during periods when the night shift differential salary increment is not payable to the deputy who operates the vehicle. c. Supplemental Night Rate. This rate is calculated according to the cost of operating aone-person Sheriff's vehicle during periods when the night shift differential salary increment is payable to the deputy who operates the vehicle. d. Supplemental Reserve Rate. This rate is calculated according to the cost ofoperating atwo-person Reserve Deputy Sheriff's Vehicle. e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator's time. 5 2. Adjustment to the law enforcement annual projected budget amount shall be performed on an annual basis as follows: a. The difference between the actual cost of police services for the previous twelve months, as shown by the COPANA report and the amount actually paid by City to County for the previous year's services shall be added to, or subtracted from, the annual amount paid. b. Other police services not included in COPANA Reports shall be reconciled annually for those specific services. 3. Payments, or any portion thereof, not made by City to County within thirty (30) days of the due date shall accrue interest at the rate of ten percent (10%) per annum until paid. Interest so accrued shall be payable to county on the last day of the month in which it accrued. 4. By September 30 following the end of the contract year, County shall provide to City the COPANA report for the entire contract year. If the amount actually paid by City to County exceeds the cost of law enforcement services and operating costs of Westside Station as set forth in the COPANA report, County shall pay to City the amount of such excess by October 1 following the end of the contract year. Within twenty-one (21) days of receipt of such final COPANA report, city shall pay to County the full amount, if any, by which the costs of police services, as set forth in all COPANA reports for the contract yeaz, exceeds the amount actually paid by City for such services. For purposes of calculating the final amount due to County from City, City's credit for the amount actually paid by City shall not include any interest paid by City due to late monthly payments. III. REPORTS A. Monthly Reports 1. County shall provide to City on a monthly basis report(s) on the incidence of crime and "activity" and "patrol" hours expended within City. Said report(s) shall differentiate between "law enforcement services" and "supplemental services," and shall be in a format as agreed upon between County and City. 2. County shall provide such month end reports to City within thirty (30) days of the last day of that month. 3. By September 30 following the end of the contract year, County shall provide to City the COPANA report for the entire contract year. 7 ATTEST: Phyllis Perez, Clerk Board of Supervisors APPROVED AS TO FORM AND LEGALITY: David Kahn, Deputy County Counsel (Date) Date: CITY OF SARATOGA By: ATTEST: Cathleen Boyer, City Clerk APPROVED AS TO FORM AND LEGALITY: Dave Anderson, City Manager Richard Taylor, City Attorney (Date) 9 06/21/04 110N 1b:23_P_A,T AOA 4060 5CC0 S}tERIFF ACCING. QI00P PROPOSED COSTS FISCAL REAR 2004-2005 LOS ALTOS 1JNINCORP. RATES CUPERTINO ,HILLS SARATOGA CITIES OY=NERAL LAW ENFORCEMENT Proposed Hovra • Activity 4 438.7 Proposed Hours -Patrol 1,122 5 900 Codes (10% of Above Hours) 34,598.0 5,321.0 19,014.0 12,347.9 Total Hours a~ ~ ~~~~ '~~ projCostsFY 2004-2005 (a3 5115.67 54,001,951^ 5~5~= ~ $1 SUPPLEMENTAL PATROL-DAYS; Proposed Flours G~,20~O.Om ®~, 4® 3,831.9 Proj Cosc~FY 2004.2005 @ $114.15 $4,908 $437,411 SU Cupertino @ $113.72 5818,784 ~® ~ SUPPLEMENTAL PATROL -NIGHTS: Proposed Hours Proj Cows FY 20042005 @ $116.18 Cupertino @ 5115.75 INVESTIGATIVE HOURS: Proposed Hours Detective Invcstigetion: Avetagc of last G y+s (Cup.B: Sar.) 2,080.0 ~ 2,000.0 $0 $232,360 SO -$---- 240 ~®_ ® ~ 6,830.0 SGG.O 2,200.0 ~G,183~ 306.6 1,808.8 ~~~ Proj Costs FY 2004-2005 @ 5113.80 $777,254 $64,41] $250,360 _ SO FY05 Contract-Saratoga DARE Only A - 1 G/Z1I2004 OB/2I/U4 MON iG:2d FAX 808 4860 ___ .... ~ "VV VY( VY SCCO Si1EI2IPP nCCTNG. 1004 PROPOSED COSTS FISCAL YEAR 2004-2005 LOS ALTOS LRVINCORP. RATES CUPER'TTNO HILLS SARATOQA CITIES BOOKING FEES Proj Costs FY 2004-2005 TOTAL LAW ENFORCP.MENT COSTS Pmj Costs FY 2004-2005 TOTAL COSTS COMPARISON Pmj Costs FY 2004-2005 118,002 ~3AI~8~ ~22,927~ 0 6,513,471 695,560 3,362,973 ~1I450,1~39 CONTRACT UNTNCORP. CITIES AREA 10,572,004 1,450,139 PROS Contract-Saratoga HARE Only A - 3 612 t/2004 SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager CITY MANAGER• "~-'~~ PREPARED BY: Dave Anderson and Lorie Tinfow DEPT HEAD: SUBJECT: West Valley Mission College Stadium RECOMMENDED ACTION(S): Accept the Agreement Pertaining to a Stadium at West Valley College and authorize City Manager to execute the same. REPORT SUMMARY: The issue of a football stadium at West Valley College has been a controversy in the community for over 35 years. This issue has been the subject of legislation, court cases, and political maneuvering. Most recently in 1996 the City and the College went to court over an issue of whether the College could exempt the stadium from City regulation. Ultimately the Court of Appeals ruled in favor of the City and the California Supreme Court declined the District's request to review the case. (Saratoga v. West Valley-Mission Community College District, Case No. H022365, 6`h Dist. Cal. Court of Appeal, opinion filed May 4, 2002.) Representatives from the College District, the surrounding neighborhood and the City have been meeting for some time and generated a conceptual agreement last spring. Council reviewed the agreement terms in June and directed staff to move forward with a final agreement. The City Attorney has worked with the College District's attorney to formulate the final three-party agreement. The most significant elements of this agreement are listed below: - The District will comply with the City's code and use permit requirements governing use of the football/track facility and will limit the use of the facility by outside groups (only K-12 school or non-profit youth groups will be allowed). - The District will not challenge the legality or enforcement of the City's code with respect to the football/track facility or initiate or implement any action that would permit construction of an athletic stadium on the West Valley College campus. SARATOGA CITY COUNCIL MEETING DATE: September 1, 2004 AGENDA ITEM: ~ , ORIGINATING DEPT: City Manager's Office CITY MANAGE PREPARED BY: Lorie Tinfow Asst. City Mer. DEPT HEAD: SUBJECT: Permission to FiII Facilities Maintenance Worker I/II Position Vacancy RECOMMENDED ACTIONS: Staff recommends that Council designate this position as "essential" and authorize the City Manager to fill the Facilities Maintenance Worker UII position. REPORT SUMMARY: The staff hiring freeze enacted in 2003-04 by Resolution No. 03-007 with exceptions for department directors and essential employees continues to be in effect for FY 2004-05. The vacant Parks Maintenance Worker II position will be filled by a current facility maintenance worker and this action produces a new vacancy. At this time staff requests direction on whether or not Council considers this position "essential" and wishes to authorize the City Manager to release the hiring freeze in order to fill this position. The employee in this position performs skilled tasks in the maintenance and daily cleaning of City Hall, the Civic Theater, Corporation Yard, Community and Senior Centers and the Warner Hutton House. The person leaving this position works from Sunday thru Thursday. He is the only staff person assigned to work on Sundays, and often splits his regular shift to accommodate the rental schedule and need to clean before and after events. Many hows during the late afternoon and evenings he is the only maintenance person on staff to handle problems and emergencies at all city facilities. The Facility Maintenance Worker UII reports to the Facility Maintenance Supervisor and the position will be vacant September 7, 2004. FISCAL IMPACTS: If the position is filled, no additional staffing costs will be incurred because the position has been funded in the 2004-OS budget. If the position is not filled, a savings of approximately $60,000 in salary and benefits could be realized. ALTERNATIVE ACTIONS: Determine the position not to be essential and direct staff to restructure the Facilities Maintenance Division based on Council priorities. FOLLOW UP ACTIONS: Staff will implement Council's direction. ATTACHMENT: None