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Home My WebLink About09-15-2004 City Council Agenda PacketAGENDA / REGULAR MEETING ~/ SARATOGA CITY COUNCIL SEPTEMBER 15, 2004 OPEN SESSION - 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM -13777 FRUITVALE AVENUE LIBRARY COMMISSION INTERVIEWS 1. 6:00 p.m. 2. 6:10 p.m. 3. 6:20 p.m. 4. 6:30 p.m. Ruth Gipstein Helen Lemmons Vandana Thirumale Bakshish K. Sandhu 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 September 9, 2004) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aeendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions The City Council will receive reports from the Boards and Commissions listed below and may provide direction regarding matters to be considered by those Boards and Commissions. Recommendations from Boards and Commissions requiring City Council approval are considered as independent agenda items. Written Communications None ARCHIVE COPY Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. Commendation Honoring Kem Walsh and Patricia Miranda - 2004 Olympic Medal Winners Recommended action: Present commendations. 1B. Proclamation -Declaring the Month of October 2004 as "Domestic Violence Awareness Month" Recommended action: Acknowledge proclamation. 1C. Proclamation -Declaring October 4-9, 2004 as "Lawsuit Abuse Awareness Week" Recommended action: Present proclamation. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A Approval of Check Register Recommended action: Approve check register. 2B. Resolution Designating the City Manager as Authorized to Sign on Behalf of the City of Saratoga in Order to Transact Routine Bank Business with the Comerica Bank and to Permit The City Manager to Delegate the Same Authority to Others Recommended action: Adopt resolution. 2C. Amended and Restated Agreement for Employment of City Manager Recommended action: Authorize Mayor to execute the agreement. 2D. City Arborist Contract Amendment Recommended action: Approve contact and authorize City Manager to execute the same. 2E. Request to Change the Heritage Preservation Commission's Meeting Time Recommended action: Adopt resolution. 2F. Revision of Resolution 03-007 that Implemented an Annual Hiring Freeze on Vacated City Positions Recommended action: Adopt resolution. 2G. Contract Renewal for Traffic Signal Maintenance Services Recommended action: Approve contract and authorize City Manager to execute the same. 2H. 2004 Storm Drain Repair and Upgrade Project -Award of Construction Contract Recommended action: Move to declare George Bianchi Construction to be the lowest responsible bidder on the project; Move to award a construction contract to George Bianchi Construction in the amount of $238,661; Move to authorize staff to execute change orders to the contract up to $24,000. 2I. Letter of Opposition to the City of San Jose Application #PDA 87-071-O1 to Allow San Jose YMCA to Open at 5:30 a.m. Instead of 6:00 a.m. Recommended action: Authorize the Mayor to sign letter of opposition. 2J. Resolution Supporting Proposition lA Recommended action: Adopt resolution. 2K. Resolution Supporting Measure H Recommended action: Adopt resolution. PUBLIC HEARINGS None OLD BUSINESS 3. Santa Clara County Sheriff s Office Contract Recommended action: Accept and authorize City Manager to execute the Law Enforcement Contract with Santa Clara County. 4. Santa Clara County Parks and Recreation Department -McWilliams House Restoration Project Recommended action: Approve agreement and authorize City Manager to execute the same. 5. Authorization to Submit Grant Applications Recommended action: Authorize Randall Funding to submit grant application packets. NEW BUSINESS None COMMISSION ASSIGNMENT REPORTS Mayor Waltonsmith None Vice Mayor Kine City/School Ad-Hoc Committee Councilmember Bo og sian None Councilmember Kline Village Ad-Hoc Committee Councilmember Streit None CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the Ciry to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Cathleen Boyer, Ciry Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the Ciry Council of the City of Saratoga was posted on September 9, 2004 a[ the offtce 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 websit~www sarato,2a. ca. us of September 2004 at Saratoga, California. •, CMC, City Clerk CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 10/6 Regular Meeting 10/20 Regular Meeting 11/3 Regular Meeting 11/17 Regular Meeting 12/1 Regular Meeting 12/15 Regular Meeting SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: ~~~ PREPARED BY: John F. Livingstone, AICP~~Z,DEPT HEAD: SUBJECT: Request to change the Heritage Preservation Commission's meeting time from 9:00 a.m. to 8:30 a.m. RECOMMENDED ACTION: Staff recommends the City Council approve the time change for the monthly meeting. DISCUSSION: At the Heritage Preservation Commission (HPC) meeting held June 8, 2004 the HPC requested that the starting time of the HPC meetings be placed on the next agenda. At the July 13, 2004 meeting the HPC recommended approval 6-0, in favor of changing the start time of the HPC meetings to 8:30 a.m. The HPC currently meets on the second Tuesday of each month at 9:00 a.m. ALTERNATIVES: The Council can recommend an alternate time. FISCAL IMPACT: N/A FOLLOW UP ACTIONS: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: The item has been placed on the City Council Agenda and posted pursuant to Government Code 54954.2 ATTACHEMENTS: Resolution approving the proposed time change. i RESOLUTION NO.04- .# RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE TIME FOR REGULAR MEETINGS FOR THE HERITAGE PRESERVATION COMMISSION WHEREAS, Sazatoga City Council established the Heritage Preservation Commission meeting schedule; and WHEREAS, The Heritage Preservation Commission shall 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 July 13, 2004 meeting the Heritage Preservation Commission unanimously voted to change their regular meeting time from 9:00 a.m. to 8:30 a.m. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Code Section 54954, the time for the regular meetings of the Heritage Preservation Commission shall be as follows: TIME: 8:30 a.m. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 15~' 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 15, 2004 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: O PREPARED BY: John F. Livingstone, AICP~~j .DEPT HEAD: SUBJECT: Staff is recommending the City Council enter into an agreement with the County of Santa Clara Parks and Recreation Department fora $100,000 grant for the restoration of the McWilliams House. RECOMMENDED ACTION: Staff recommends the City Council approve the attached agreement and give the City Manager direction to enter into the agreement with the County. DISCUSSION: On October 1, 2003 the City Council approved the Heritage Preservation Commission (HPC) request to apply for a grant for the City's Historic Park. The original grant request was for $500,000 to restore the McWilliams House and landscape the park. The grant was approved for only $100,000 limited to the restoration of the McWilliams House. Unless directed otherwise by the Council, staff will keep the project within the $100,000 grant amount. The following is an estimate of how the money will be used: $15,000 for Architectural services $80,000 for construction and materials $5,000 contingency ALTERNATIVES: The Council can continue the item for further discussion. FISCAL IMPACT: No matched funds are required for the grant. The architectural services, building materials, and construction cost will be paid for by the grant. The only cost to the City will be staff time. FOLLOW UP ACTIONS: 1. The City Manager will enter into an agreement with the County of Santa Clara. 2. A request for a Historic Architect will be advertised. The HPC will review candidates and recommended one or more to the City Council for approval. 3. The Council will select a Historic Architect and approve a contract with the Architect. 4. The HPC will work with the Historic Architect to finalize a restoration plan to recommend to the City Council. 5. Council approves a restoration plan. 6. The restoration plan is submitted to the Building Division for approval. 7. A request for a Contractor will be advertised. 8. The Council will select and approve a contract with a General Contractor. 9. Construction starts. ADVERTISING, NOTICING AND PUBLIC CONTACT: The item has been placed on the City Council Agenda and posted pursuant to Government Code 54954.2 ATTACHEMENTS: 1. Historic Project Agreement with the County 2 of 2 HISTORICAL PROJECT AGREEMENT for Saratoga Historical Park Restoration with City of Saratoga FY 2004 HISTORIC HERITAGE GRANT FUNDS, $700,000 This Agreement is made and entered into between the COUNTY OF SANTA CLARA, a political subdivision of the State of California (hereinafter referred to as the "County"), and the City of Saratoga, (hereinafter referred to as "Project Sponsor"). RECITALS WHEREAS, the Project Sponsor submitted a funding proposal to the County Historical Heritage Commission to provide funding for the Saratoga Historical Park Restoration; and WHEREAS, the County Historical Heritage Commission on March 18, 2004 reviewed the merits of the proposal and conveyed its recommendation that the Board of Supervisors approve the allocation of $100,000 from the Fiscal Year 2004 Historical Heritage portion of the Park Charter Fund to assist the Project Sponsor in the completion of the Saratoga Historical Park Restoration; and WHEREAS, the the Board of Supervisors on May 4, 2004 reviewed the recommendations of the Historical Heritage Commission and approved the conditions and the allocation of $100,000 from the Fiscal Year 2004 Historical Heritage portion of the Park Charter Fund necessary to assist in the Saratoga Historical Park Restoration in order to acknowledge, preserve and commemorate the historical and cultural heritage of the Santa Clara Valley; WHEREAS, said expenditures are conditioned on: 1. County funds will not be used for any personnel costs and will be used only for rehabilitation of the Mc Williams house. 2. The plans for restoration will be reviewed by the HHC prior to execution of the work. 3. Provide documentation of a public access schedule by the Santa Clara County Parks and Recreation Department. and meeting the terms of the Agreement below; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the County and Project Sponsor agree as follows: cFr`TION I. FINDING FOR PARK PURPOSES The Board of Supervisors reviewed the facts in support of the project and finds; the project is located in a park in Santa Clara County, it will be open to the public on an equal basis, it will benefit all citizens of Santa Clara County, and that the project serves County Park Purposes. c C~ .TION II. PROJECT SPONSOR RESPONSIBILITIES Responsibility of the Project Sponsor Project Sponsor shall have responsibility for the work outlined in Attachment A, Itemized Scope of Work (hereinafter referred to as "Project"), and the Project Sponsor shall act promptly and without delay with respect to such matters in relation to the Project: a) Complying with the County of Santa Clara Adopted Policies on Bidding and Contracting concerning the following issues; Hiring, contracting for, or otherwise retaining the professional services of architects, engineers, and other professional experts as required for completion of the Project. Obtaining construction bids, awarding the construction contract, supervising, and administering the Project. Payment of prevailing wages per the California Labor Code. b) Complying with the appropriate requirements set forth in the Santa Clara County Insurance Manual. c) Preparation of plans and specifications for the Project and construction of the Project. d) Preparation of all environmental documents required for completion of the Project pursuant to the California Environmental Quality Act, National Environmental Policy Act, and any rules and/or regulations promulgated thereunder. e) Securing all approvals by government agencies required for completion of the Project. f) Securing performance and payment bonds or other acceptable guarantees to assure satisfactory completion of the Project, and the payment of laborers and suppliers of material. g) As a condition of funding, the Project Sponsor shall recognize the financial contribution of the County of Santa Clara Historical Heritage Commission and the Parks and Recreation Department by providing permanent signage to that effect on the Project or Project site. h) The Project Sponsor must execute this Project Agreement within nne_yea[ of the Board of Supervisors approval date, May 4, 2004 or the Project Sponsor may be required to forteit the grant funds if so recommended by the Historical Heritage Commission. i) The Project Sponsor must submit a project progress report to the Santa Clara County Department of Parks and Recreation December 1 and July 1 of each year until the project is completed and reimbursement received. j) All projects awarded grants funds may be required, by this Agreement, to be reviewed by the Historical Heritage Commission prior to the commencement of work, to ensure that the proposed project is consistent with the Secretary of the Interior Standards. The Historical Heritage Commission may require the review of any aspect of the project revised by the sponsor after the grant is awarded. 2. Capital Contributions by Parties to Agreement. a) County's contribution shall be expended exclusively for items specified in Attachment A, Itemized Project Scope of Work, and Attachment B, Itemized Project Budget for 2 completion of the Project. b) Project Sponsor shall be responsible for obtaining any funds needed above the County contribution for the completion of the Project. These additional funds shall be identified in Attachment B, Itemized Project Budget. c) No contribution made by the County shall be used for salary or administrative expenses incidental to the Project. d) No contribution made by the County shall be used for office space and/or other non- County park purposes. 3. Public Park Purposes. a) Project Sponsor agrees that the subject Project will be open and available to the public, and accessible by all members of the public per guidelines set forth by the Americans with Disabilities Act. b) Project Sponsor agrees the approved funding will be used solely for County Park Purposes. c .TFC ION III. OPERATION AND MAINTENANCE It is mutually understood that the Project will be constructed, operated, and maintained for a period of 20 years by the Project Sponsor for the benefit of the public. On-going maintenance is solely the responsibility of the Project Sponsor. S .TF[` ION IV_ COMPENSATION /REIMBURSEMENT The County shall contribute a sum of $ 100,000 only for those items shown on Attachment A, Itemized Project Scope of Work, contingent on the conditions for funding enumerated on the Recitals on the first page of the Agreement. The County shall set aside said sum from appropriated Park Charter Historic Heritage funds in Fiscal Year 2004 Project Sponsor shall provide County a detailed, itemized invoice requesting reimbursement of Project costs containing information noted below. No advances will be made. If a reimbursement request is not complete or is unsatisfactory the County will require additional information, or pay that part of the reimbursement request that is satisfactory, or decline payment, or any combination thereof. All reimbursement requests shall contain the following information: a) A letter itemizing expenditures being claimed for reimbursement. Itemizations must clearly show what the expenditures were for in relation to items in Attachment A, Itemized Scope of Work. b) Clear copies of invoices that are for the approved Project and are addressed to the Project Sponsor. c) Evidence that all invoices have been paid. For example, a clear copy of the front side of the check or warrant issued to pay them, or a receipt of payment. Account statements will not be accepted. d) Copy of up to date Certificate of Insurance to comply with Section V. of this Historical Project Agreement, showing incur^n potjrv is r irr .ntly .ffe .tiv .. e) A report on the status of the Project. Include construction inspection reports and copies of lien releases or payment bonds to protect subcontractors. f) Project Sponsors may submit requests for reimbursement any time that they have claimable expenditures exceeding a minimum of $1,000. However, Project Sponsors must send the County reimbursement requests on a quarterly basis when they have claimable expenditures during that quarter that exceed $1,000. The quarterly submittal dates are January 1, April 1, July 1, and October 1. g) Requests for final payment of grants must include: 1.) at least six (6) different photos of the project 2.) an additional photo of the recognition noted in Section II, 1.g. above will be provided, and 3.) a statement of how each one of the conditions noted in the Recitals on the first page of this Agreement have been met. If the reimbursement request is satisfactory, the County shall provide payment to the Project Sponsor within 60 days. County's contribution shall be expended only as indicated in Section II of this Historical Project Agreement. County contribution must be EXpEIIdCd by May 4, 2007 or said funds .brill revert to the County for reprogramming. Expended means the final project reimbursement request has been delivered to the Santa Clara County Parks and Recreation Department within 3 years from the Board of Supervisors approval date, May 4, 2004. It is the project sponsor's responsibility to keep track of this expiration date for the grant and to see that the project is completed and reimbursements submitted in advance of that date. Extensions for projects will only be available under special circumstances. Records of the Project shall be maintained for audit purposes for three (3) years after completion of the Project or until all claims are settled, whichever occurs last. All records and data shall be available to County upon reasonable notice within five (5) working days of a request by County. Project Sponsor shall repay County with interest at the rate earned on County's investments for any unauthorized activities disclosed by audit or inspection, including the cost of the audit, within thirty (30) days of demand by County. Prior to disposal of any such records, Project Sponsor shall notify County and County shall have the opportunity to place records in storage unless written release is granted by the Director of the Parks and Recreation Department. Audits may be conducted at the discretion of the Santa Clara County Parks and Recreation Department. The audits may take two forms; a walk through inspection of the Project and informal review of the Project records by Parks and Recreation Department staff, and/or a formal financial audit conducted by either Santa Clara County staff or a consultant. Project Sponsor should be prepared for either or both types of audits. A walk through inspection may occur at the beginning of a project, prior to approval of the final reimbursement request, or at periodic intervals throughout the project. A formal financial audit may occur as deemed necessary by the Santa Clara County Parks and Recreation Department. RFGTInN y_ LIABILITY AND INSURANCE The Project Sponsor shall conform to all insurance requirements that are deemed appropriate for the project and outlined in the Santa Clara County Insurance Manual for professional services and construction contracts. Insurance requirements vary by dollar value, type of contract, and whether Santa Clara County owns the property. The Project Sponsor shall obtain a summary of all insurance requirements that are deemed appropriate for the project from the Santa Clara County Parks and Recreation Department prior to completing the required Attachment C, Certificate of Insurance. Project Sponsor shall defend, indemnify and hold harmless County, its officers, employees, and agents from any loss, injury, or damage arising out of or in connection with any acts or omissions related to the Project, including the completion of the Project by the Project Sponsor, and the ongoing operation and 4 maintenance of the Project. Throughout the term of this Historical Project Agreement, the Project Sponsor, at its sole cost and expense, shall name the County as an additional insured on insurance policies required by the County for completion of the Project. The exact following language must be included in the policy listing noting the County as additional insured: "The County Board of Supervisors of Santa Clara, it's officers, agents, and employees of the County of Santa Clara are named individually and collectively as Additional Insureds / Saratoga Historical Park Restoration, Insurance is primary." Project Sponsor shall provide, or have the consultant or construction contractor provide, a currently effective Certificate of Insurance to be included in this Historical Project Agreement as Attachment C. Premiums for insurance policies are considered an administrative expense and are not reimbursable. A currently effe .rive Certificate of Insurance shall be provided by the Project Sponsor prior to approval of all requests for reimbursement. SI=CTION vl_ TERM OF AGREEMENT This Historical Project Agreement shall become operative upon its execution by the parties and shall remain operative with the Project Sponsor until May 4, 2007 or until completion of the Project and reimbursement by the County, whichever occurs first. SPGTION VII__ AUTHORIZED SIGNATURES City of Saratoga has authorized Dave Anderson to execute this Historical Project Agreement. Any additional signatories noted in the Project conditions noted in the Recitals on the first page of the Agreement are also made party to the Agreement. S .TFC ION VIII. NOTICES Any notices provided herein shall be mailed to the respective parties addressed as follows: COUNTY OF SANTA CLARA Director Parks and Recreation Department 298 Garden Hill Drive Los Gatos, CA 95030 Phone: (408) 358-3741 CITY OF SARATOGA Dave Anderson, City Manager City of Saratoga 13777 Fruitvale Ave. Saratoga, Ca 95070 (408) 868-1213 HISTORICAL PROJECT AGREEMENT SIGNATORY PAGE for Saratoga Historical Park Restoration with the City of Saratoga FY 2004 HISTORIC HERITAGE GRANT FUNDS, $100,0000 WHEREFORE, the parties by their duly authorized representative have entered into this Historical Project Agreement for Saratoga Historical Park Restoration on the date shown below: Lisa Killough Dave Anderson Director, Parks and Recreation Dept. City Manager Dated: Dated: Approved as to form and legality: KATHRYN A. BERRY Deputy County Counsel Dated: ATTACHMENT A ITEMIZED PROJECT SCOPE OF WORK (This is to be provided by the Project Sponsor when returning the completed, signed Agreement. The list must specify thoce itame ^re heing funded hylhPCe grant fonds. If the items are part Of larger scope of work for the project PLEASE CLEARLY CALL OUT ONLY THOSE ITEMS THIS GRANT WILL FUND.) OUTLINE OF WORK FOR THE ADDITION AND ALTERATIONS TO THE JAMES McWILLIAMS HOUSE ZNTTOHGEA,SARA90~OHISTORIOAL PARK LOS GATOS-SP+Rp+TOGA ROAD, SARA November 28, 2003 The basic outline of work for this project includes the following items. 1. Addition of Store Room - Constructed over the existing foundation that remains from the shed storage area. The area is approximately 125 square feet in size with a gable roof with the slope matching the main gable roof of the existing building. The studs shall be sheathed with 1/2" thick plywood with redwood siding to match the existing building. The walls, floor, and ceiling shall have approved insulation. The interior walls and ceiling shall have 5/B" thick sheetrock. The flooring will be 12"x12" vinyl composition tiles and rubber topset base. The roofing shall be a Class A Composition Shingle to match the existing. 2. Front Porch - The floor framing, flooring, stairs, posts, and railing shall be removed and replaced with the porch floor the same height as the main floor of the building to meet ADA requirements. The replacing of the porch shall include a ramp at the left side of the building and to the brick walk as shown on Sheet No. 1. All damaged wood by dry rot and/or termites of the main structure shall be replaced. All framing and deck/ramp material shall be of construction grade Redwood or pressure treated Douglas Fir with posts and railing of A grade Redwood. 3. Rea_ r Porch - The floor framing, flooring, and stairs shall be removed and replaced same as front porch except for the installation of a ramp. 4, Exterior Work - Other work shall include the following: a) Re-grouting as required the brick fireplace and chimney especially at the siding. b) The front and rear exterior doors shall be replaced as may be required by the Fire Marshal. c) The six (6) double-hung windows shall be re-glazed and re-hung. d) Foundation vents shall be required for code required ventilation. e) Gutters and rain water leaders shall be replaced. OUTLINE OF WORK FOR THE ADDITION AND ALTERATIONS TO Page 2. THE JAMES McWILLiAMS HOUSE IN THE SARATOGA HISTORICAL PARK LOS GATOS-SARATOGA ROAD, gARATOGA, CA 95070 f) The existing exterior materials shall be spray washed and painted a minimum of one (1) coat of exterior grade house paint with color scheme matching the existing. The Addition and all new materials shall receive the same except no washing required and two (2) coats minimum be installed. 5. Interior Work - Shall include the following items: a) Remove all linoleum and carpet, and sand/finish the existing wood flooring. b) Remove the existing air conditioning window unit. c) Remove the existing water heater. d) Furnish and install 36,000 BTU furnace with condenser. Furnace to be up-flow unit with ceiling registers in all major rooms except Store Room. Condenser to be install at exterior adjacent to the Furnace. e) Furnish and install new 50 gallon water heater in the Store Room adjacent to the furnace• roved f) Plumbing Work - to also include an ADA app water closet and lavatory in the Bath with a sink unit at the Kitchen as approved by the Board of the Historical Foundation to meet period sink. Connect all to existing hot and cold water with revisions for the hot water heater. All work to meet current Plumbing Code. g) Electrical Work - to include a new electrical panel to meet current loads. Verify with the Utility Company. Remove and replace all exposed conduit under the floor framing for all receptacles. Furnish and install new light fixtures approved by the Historical Foundation Board to meet period appearance. All work shall meet the current Electrical Code. h) Painting - Care shall be exercised not to destroy an existing historical documents or wallpaper exposed on walls. Paint all existing materials with one (1) coat of interior paint to match existing and two (2) coats to same material for new work. W ren B. H id AIA-E Architect Emeritus McWILLIAMS HOUSE Date: 7/01/03 Following is a report to the Heritage Preservation Commission of the City of Saratoga. It is based on a site walkthrough by Pau] Conrado and Norm Koepemik on Tuesday, June 22, 2002. The following items require repair/replacement to occupy the building safely. INTERIOR • Re-glaze and re-hang windows throughout 0 6 double hung and 2 casements • Bring bath up to ADA standards? (may not be necessary depending on interpretation of the codes). • Paint interior OUTSIDE • Replace broken and rotten siding to match Remove rotted deck boards and replace- front and back o Add joist @ front porch center span • Replace front and back steps Foundation ribbon board rotten -replace • Grout fireplace to siding- fill gaps • Clean and paint exterior - • Add foundation vents The following items require repair/replacement to restore the building to it's original, historical condition, and make it a desirable venue. INTERIOR • Remove window A.C. units Remove and replace electric baseboard heaters with forced air and add A.C. Move and upgrade hot water heater o Move to outside -add on shed • Remove linoleum floors @ baths o Sand and re-finish floors Remove carpeting- re-finish floors • Change out fluorescent fixtures • Re-route electrical conduit to under-floor • Build cabinet around phone equipment (to clean up room) OUTSIDE • Front porch not original- restore to original- locate pictures to verify • Add back lean-to at back and open to outside -increase useable space \\Scrnr\TNE CONRADO~SUff Box\PeuIWERITAOE PRESEkVAT10NU1cWilliems Housc Eoc In reviewing the site layout during the walkthrough, Paul Corrado and Norm Koepemik offer the following suggestions. A professional landscape architect should be retained to review and implement these ideas. Remove cherry trees • emove wood benches and walls • R esign and replace courtyard o rick, stone, and concrete materials • Add arb etween buildings o Tie ildings together o Create 'vacy ~. Ho T 1 ~ o Add Gate • Remove all ivy- too ch ground cover • Utilize all of the area o Lots of dead spaces Behind Book-g ound ^ At catch basin • Flare entrance at Book-go-Round to • Uphill side ofBook-go-Round: create sl cut back bank approx. 6', build small re Respectfully submitted, ~~~ &y~ Norm Koepernik toNZR1~GT more inviting. e for gatherings and food service (remove ivy, wall). R. Corrado VScrver\THE CONRADO\SIV1Teo.\PvuIWERITAGE PRESERVATIOMMcWillivma HOYECEOc ATTACHMENT B ITEMIZED PROJECT BUDGET CORRESPONDING WITH ATTACHMENT A (This is to be provided by the Project Sponsor when returning the completed, signed Agreement. The budget must specify the costs for those items noted in Attachment A. If the items are part of larger budget for the project PLEASE CLEARLY CALL OUT ONLV THOSE ITEMS THIS GRANT WILL FUND. The budget must also list the source and amount of any matching funds for the grant.) PRELIMINARY OPINION OF CONSTRUCTION COSTS FOR THE ADDITION AND ALTERATIONS TO THE JAMES McWILLIAMS HOUSE IN THE SARATOGA HISTORICAL PARK LOS GATOS-SARATOGA ROAD, SARATOGA, CA 95070 September 8, 2004 The following Opinion of Construction Costs is based on area/material sizes and current construction costs. General Conditions (Insurance, payroll costs, permit, etc.) $3,500 Demolition and Hauling 2,500 Miscell. Removal (AC unit at window, electric heaters, linoleum, fluorescent fixtures) 1,000 Excavation and Foundation except Addition 1,200 Addition Framing (Floor, walls, ceiling, roof, siding) 16,500 Rebuilding Front Porch and Rear Porch/Stairs incl. rear ramp 6,500 Miscell. Repairs (dry rot, termites, add found. vents) 3,500 Roofing (Class A Composition Shingles) 3,200 Sheet Metal Work 800 Masonry Work including pointing up chimney grout 500 Millwork (New and Rear Door/frame, cabinet at phone equipment, re-glaze and re-hang double hung sash) 2,850 Drywall for walls/ceiling at Addition 1,800 Interior Painting including preserving historical items 3,550 Exterior Painting (new 2 coats - existing 1 coat) 3,500 Flooring (sand/finish existing floors - compo. the @ Add'n 2,400 Electrical (reroute conduit under floor, new light fixtures, HVAC wiring, new panel) 9,000 HVAC (furnace in Addition) 5,500 Plumbing (new water heater - ADA fixtures @ museum) 1,200 So Contingencies 3,450 Total $72,450 10$ Profit and Overhead 7,245 Total Opinion of Construction Cost $79,695 This Opinion of Construction Cost is based on the Preliminary Study dated November 28, 2003 for the Addition and Alterations as shown on Sheet 1, but now with the ADA ramp at the rear. Since not all of the structural items are completely designed, the framing is an estimate of the sizes required. The profit and overhead item could be a greater percentage depending on the general contractor's office and Staff requirements. /~ W rren B. Heid AIA-E Architect Emeritus ATTACHMENT C CURRENT CERTIFICATE OF INSURANCE (This is to be provided by Project Sponsor on the attached Santa Clara County form when returning the completed sign Agreement. The Project Sponsor shall document that they have complied all insurance requirements that are deemed appropriate for the project from their consultation the Santa Clara County Parks and Recreation Department.) '=''ABAG PLAN Corporation CERTIFICATE OF COVERAGE BROI~R: DRIVER RISK SERVICES 600 MONTGOMARY ST., 9th Floor SAN FRANCISCO, CA 94111-2933 415/403-1400 PROVIDER: ABAG PLAN CORPORATION P. O. BOX 2050 OAKLAND, CA 94604-2050 510/464-7969 Covered Saratoga Party: City Hall, 13777 Fruitvale Avenue Saratoga. CA 95070 ISSllE DATE (MM/DD/YY) 9/2/2004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, E%TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COPanAwrrcc Acvnunrlvr_rnyt:.uenF COMPANY A ABAG PLAN Corporation COMPANY B Ins Co Of The State of Pennsylvania COMPANY C Lexington Insurance Company THIS IS TO CERTIFY THAT COVERAGE AGREEMENTS LISTED BELOW HA VE BEEN ISSUED TO THE COVERED PARTY NAMED AROVE FOR THE PERIDU IrvuIL;A~ CU. nu, wu na,nnv..... n... REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT Oft OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAM, THE COV ERAGE AFFORDED _-_____...~._....................~.nve n,.mrnwm,T,nvC nG CI IfH AGREEMENTS. _. tlY IXCY VL,L~cauwwnv~ ........... ... .. POLICY POLICY L1AB1LrIY L'LY'nT CO TYPE OF COVERAGE POLICY NUMBER EFFECTIVE EXPIRATION DATE iz w ',: EACH OCCURRENCE AGGREGATE LTR DATE . A GENERAL. LIABILITY ABAG PLAN 2004/05 7/01/2004 7/01/2005 Combined '' I~. Single $5,000,000 X COMPREHENSIVE FORM Lhnit X PRODUCT/ (CSL) COMPLETED OPERATIONS }{ PREMISES/OPERATIONS X UNDERGROUND EXPLOSION & COLLAPSE HAZARD Siff: }~ CONTRACTUAL t~ '<;*~' BROAD FORM ~ ~ ~ ;i? ~ ~~ X PROPERTY DAMAGE i A AUTOMOBILE LIABILITY ABAG PLAN 2004/05 7/01/2004 7/01/2005 Combined t ~ Single $5,000,000 n X ANY AUTO Llmi[ (CSL) S }{ ALL OWNED AUTO X RENTAL/LEASE AUTO X NON-OWNED AUTOS ~~~ GARAGE LIABILITY . B ExcessGeneralffiAmaLiability 4704-1811 7/01/2004 7/01/2005 CSI' $5,000,000 sF+: - ...". E & O $5,000,000 $5,000,000 Publi< Official's E&O C 7/01/2004 7/01/2005 CSL $750,000,000 1[i ~''>: PROPERTY INSURANCE TBD :3 fij ~~ 'I~° PROPERTY (perscheduleJ ~ 1a 6~y,,pb„ }{ PROPERTY /ALL RISK Y 4 ~' BOILER & MACHINERY MACHR~ $SO,000,OOO ~~4Y ~~~~ ~~, s- DESCRIPTION: General liability includes Personal Injury and Public Officials' Ertors and Omissions Liability. This Certificate is issued as proof of insurance to con£Dn the above-named Insured is an active member and in good standing with coverage as indicated above. ~.. wr~cT T A mrnly liVLLL' n City of Saratoga Attention: Cathleen Boyer (3777 Fruitvale Avenue Saratoga Ca SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENTS Bfi CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE PROVIDERIPROVIDEE WILL ENDEAVOR TO MAIL J0.DAY WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. HOWEVER, FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ..~"" 95070 MARCUS BEVERLY, DireMor of Risk Management ABAG AriminictnrPd by thn !„PA ecnm at,nn nt t<av area ,.nvr~n~~~v..~ ASSOCIATION OF BAY AREA GOVERNMENTS s^t, "°ABAG PLAN Corporation P.o. BaX zoso Oakland, California 94604-2050 (510) 464-7969 ADDITIONAL COVERED PARTY ENDORSEMENT THIS ENDORSEMENT CHANGES THE CONTRACT Please read it carefully! Endorsement Effective: 07/01/2004-07/01/2005 Entity: Saratoga Additional Covered Party: ~;ty of Saratoga Description of Operations great application or Facilities: The definition of Covered Party is amended to include any person or organization the Entity is contractually obligated to include as an additional insured, and for which a certificate of coverage has been issued evidencing such status and which is on file with ABAG PLAN Corp., with respect to Bodily Injury, Personal Injury and Properly Damage arising out of the Entity's operations or premises owned by or rented to the Entity. The coverage provided to the additional Covered Party does not apply to any liability occurring after those operations or use of premises have ceased. Coverage applies only to the vicarious liability of the Additional Covered Party for operations or services described in the contract with the Entity. The inclusion of more than one Covered Party under this coverage shall not operate to impair the rights of one Covered Party against another Covered Party and the coverages afforded by this endorsement shall apply as though separate policies had been issued to each Covered Party. The inclusion of more than one Covered Party shall not, however, operate to increase the limit of ABAG PLAN Corp.'s liability. If required by contract, any insurance carried by a certificate holder which maybe applicable shall be deemed excess and [he Entity's coverage primary notwithstanding any conflicting provisions in the Entity's policy to the contrary. A certificate holder shall not, by reason of their inclusion under this policy, incur liability for payment of premium. In the event of reduction in coverage or cancellation of [his insurance, we agree to mail thirty (30) days (ten [10] days for non-payment) advance notice of such reduction or cancellation to each entity added as per certificates on file with ABAG PLAN Corp. which specify that a written contract exists and requires that the certificate holder be an additional insured. All other teens and conditions in the policy remain unchanged. 9/2/2004 Date: Authorized Signature: Marcus Beverly, Risk Manager u~ABAG PLAN Corporation SARATOGA CITY COUNCIL MEETING DATE: September I5, 2004 AGENDA ITEM: ~~ ORIGINATING DEPT_City Manager's Office CITY MANAGER: ~~~%l^'"~- -- PREPARED BY: DEPT HEAD: SUBJECT: Commission Interviews for Library Commission RECOMMENDED ACTION: That Council conduct interviews. REPORT SUMMARY: The following people have been scheduled for interviews: 1. 5:30 p.m. Ruth Gipstein 2. 5:40 p.m. Helen Lemmons 3. 5:50 p.m. Vandana Thirumale 4. 6:00 p.m. Bakshish K. Sandhu There aze four (4) vacancies to be filled on the Library Commission. Bobby Chandra, whose term expired in October 2006, resigned in June. Ruth Gipstein, Donald Johnson and Mazcia Manzo terms expire October 2004. Commissioner Gipstein is eligible for reappointment. Commissioner Johnson submitted a letter to the City Clerk stating that he was not interested in serving a second term on the Library Commission. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Library Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Adopt resolution and administer Oaths of Office at scheduled Council Meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Applications of the above named applicants. / ~ T CITY OF SARATOGA COMMISSION APPLICATION FORM AUK ' ~ 2004 DATE: $' " ~ ~ /° COMMISSION APPLYING FOR: ~-- ~ ki V i - ~ ~- ~ "' "' ' '' ` "~ ~_ ri CJ LJ ~ j,7 5 ~_i f l TELEPHONE: "f ~'~ '' " r~ ~ -~ ~ WORK "1 EMAIL ADDRESS: ~:i , ~ 5'~ , ~ C Slo - ~ ~~~ ~~ 4-~ r ,~~~ ADDRESS: _j ~-' / v ('~~ 4 ~ ~ 5 ~~'~- YEAR YOU BECAME A SARATOGA RESIDENT: / `/'~ ~ ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? /~s WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? -r BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CiJRRENT OCCUPATION AND EMPLOYMENT HISTORY: EDUCATIONAL BACKGROUND: i~ /~ . ~~-/ ~ s-f.~ ~,_. ~ 4 ,~ ADDITIONAL INFORMATION OR COMMENTS: Yi' i C/m ,.a .. Gx ~, e s -rv, • s e *~ C ~<' / m,. [ ~t-. ~_ ., rK ra ~ 3 5 r /Y~ L.r ~,.~ ~l a ,.-Q S t ~ h v ~. y,~ -~ 7~ r m , `tG~,,¢ v z S-o ,~ T c v~+-i ~ 1 . ~ i h / -L. ~"' r ~,~..,~ ~ /' ~,} ~ti r..,--w %t r M REFERENCES: (Provide Name and Phone Number) I. ,s 2. ~,~ ~ ~ , ~ z_ -H,~. -> 3. PRINT NAME: /I` .a -r H C . Cr ` ~ 5~-e"' `~ SIGNATURE: lI `" ~' ~- ' / /~`'~p~E~e`~'~ 5 CITY OF SARATOGA COMMISSION APPLICATION FORM ~oOl O r ~~d DATE: August 29, 2004 COMMISSION APPLYING FOR: Library Commission Mrs. Helen P. Lemmon (Frank). TELEPHONE: 408-867-0575 --------- EMAIL ADDRESS: h-lem-7na,comcast.net ADDRESS• 20653 Woodward Ct., Saratoaa, CA 95070 - YEAR YOU BECAME A SARATOGA RESIDENT• ~ gFA ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? Yes WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? Yes WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? Yes BRIEFLY DESCRIBE YOUR INVOLMENT IN EACH OF THESE AREAS Presently President of the Saratoga Lions Club, VP of Finance of the Los Gatos - Saratoga Pan American Round Table, an Appointed Board Member of the Los Gatos - Saratoga Branch of the American Association of University Women (AAUW) and a member of the League of Women Voters. 1 am one of the founders of the Saratoga Friends of the Library. ]was VP of Membership of the Friends. I actively participated in their fund raising activities and for the passage of the Library Bond. I am presently an active volunteer at the Book Go Round. In the Los Gatos -Saratoga Branch of the American Association of University Women I have been Programs VP, Membership VP and Educational Foundation VP. I was named AAUW's EF Honoree of the Year Cor the State'of California. EDUCATIONAL BACKGROUND: University of Southern California, BA Languages ADDITIONAL INFORMATION OR COMMENTS: Saratoga and its citizens and students have an excellent, well staffed, managed and equipped library. It is in the best interest of all of us to see that it remains as it is now. REFERENCES: (Provide Name and Phone Number) 1. Marjory Bunyard 255-3594 2. Marlene Duffm 867-1410 3. Ruth Gipstein 867-4461 PRINT NAME: Helen P. Lemmon CITY OF SARATOGA COMMISSION APPLICATION FORM DATE: ~ ~ ~ D COMMISSION APPLYING FOR: ~- ~ ~~ qp MRS. VAN~~N~ ~+-f~P~UMAL[: MR. TELEPHONE: ~'g ~~~" x'710 tf~~' X02- 87iS HOME W CELL ADDRESS: 9 ~S 34 ~aiyNiE ly'y Sra~~o6r~ ~~ ~ S-O"]D YEAR YOU BECAME A SARATOGA RESIDENT: ~~ ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? Y WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? _~_- WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? P BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: CuK~.EIViLY I AM ~ kDM.6MA-k~P.. ~ Vct,Un~TE-k~- A Lai Of-- M`~ Trri~ ,~ ~~DiyAtt7 EE~ruEN~~r`Y. I ~C...S O U o i...u N ~ C-E P~ ONr; r j~ i~; ~ tL, p~ i N r Li~R~ aFe SSl 0 N I A-M ~ TCU-Q N i CA ~. W 2 t TFR . EDUCATIONAL BACKGROUND: r (~ S ~P~ECN ~'R~H~ ~ ~u1~i~L©F, h+ ~ 1 X1,9 (1`1~~ ADDITIONAL INFORMATION OR COMMENTS: 1 GJSt,t L~ LL v~ 'Ta iJdf~IC, pN TkrS L'ti/NNIS!'[ QnJ ,~FC/It1SE ~ir;LrEV~ 7+[Afi i~ifi2FlR.i~S ~~-fly A `[ERy 3{LlfnE ~ (h1(~%P_~tNT ~t~ IN 7i-[E L.rUES OF C'.l-ti~.DRFN. I ~M I-\N /\v~~ I~t~A~~F~ M`lSE(-F fi~~ ~~% ~ ftt"`~~ ] V ELy Pa<'-~M(:T~ ~i1~E [/N~DR%RNi~EJF ~.c-eks fin! ~u~ C~~M/-fl)nJt7`~ REFERENCES: (Provide Name and Phone Number) I. F~6A~i ~~oY€ ~. ~~g 74l - ~ r~-o z. ~1SA I'~ ~~7- 3. d 1,1.t P~ ~ C-c'kS /~C9~ ~~ ~i r 1F~7~ PRINT NAME: U Y~ ~ ~ ~ T~-1 I ~i,~ M Da LL- SIGNATURE: ~~ ~t°n"~'-;,i t+-~cc ,. . ~a CITY OF SARATOGA ~ COMMISSION APPLICATION FORM ti~~` _ ~O DATE: ~~c 1~ Ih ~ ~ G ~ . ~ COMMISSION APPLYING FOR: ~ ~ 3 R a zY ~ o m m+ 4S~ oN - MS. MRS. ~AkSH+sH K ~A'N 17NU MR. TELEPHONE: ~i o S - 8 6C9 - o ~ ~ w • WORK HOME EMAIL ADDRESS: ADDRESS: ~ 84~H fv~2D~E. DR SARt~TO~~ . YEAR YOU BECAME A SARATOGA RESIDENT: M a~Fe.•1 .~rw~.-. M 1~. P+T A S _ ARE YOU A REGISTERED VOTER IN THE CITY OF SARATOGA? __ N~ WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? --_~S. WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? ___~ 3 BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HnnIS11 TORY: W0. Q~e:..)".es ca&' S'ex~iCY k}C1J\go+'~{ ~c~~n.l8e,m.sZ'r 6•.-11,Q ~f 7 n ~.. ~0`e~, ~' ~1^ L 1-.pp ~¢_YJ pry _ `c.+.. ash •.~-~ IQYNV~~ 4 QM, '`C¢.C ~ ^fia~ ~'W 9~ ~~`~~ •'-~"~'• '~."`~..' 'Skl l.. 9, r 4 V ~ ~ d,.~ 1~.. tJ DQ~1=~ ~ I Salta) S'a~~F~ ¢~ EDUCATIONAL BACKGROi.JND: 14" 4 ADDITIONAL INFORMATION OR COMMENTS: ~u~c'.: ~, C. C ~ I~tz ~ ~~. REFERENCES: (Provide Name and Phone Number) 1. ~©se Joe S~kye~ ~-tc>$ - ~8~ - 3 0~9 -- - Q~ ~ MA~(o R ) 2. IQr'1nC~~ v~Xeu i loco w~~a ~ ~08- rlb~o- '300~~ 3. ~~Iti.eQ ~~I~z~ ~, ko8_ S8~- 304. PRINT NAME: ~QKCu~S~I ~Av(Z SA~vfluv' SIGNATURE: ~~~~ - SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 AGENDA ITEM: I ORIGINATING DEPT:,~ij3~Manager's ~ce CITY MANAGER: f ~~~~ PREPARED BY: DEPT HEAD: SUBJECT: Commendations for Olympic Medalist Kerri Walsh and Patricia Miranda RECOMMENDED ACTION: Present commendations. REPORT SUMMARY: Attached are commendations for Olympic gold medalist Kerri Walsh and bronze medalist Patricia Miranda. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of commendations. COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING KERRI WALSH WHEREAS, Kern was born in 1978 and grew up in Scotts Valley, California and moved to Saratoga in 1990; and WHEREAS, Kerri attended Archbishop Mitty High School where she started her volleyball career; and WHEREAS, Kerri graduated from Stanford University in 1999 with a Bachelor's Degree in American Studies; and WHEREAS, during her years at Stanford Kerri won a National Championship, the Player of the Year award, and First-Team All American honors; and WHEREAS, Kerri was one of the leading talents on the United States Olympic Team that competed in Sydney, Australia in 2000, helping the U.S. Team to a strong 4th place finish; and WHEREAS, after the 2000 Olympics Kerri and her partner, Misty May, went on to become #1 ranked in the world in competition on the FIVB (World) Tour and ended their first year on the AVP Tour 38-0, winning every domestic tournament in which they competed; and WHEREAS, in 2001 Kerri won the Pro Beach Volleyball "Rookie of the Year" Award; and WHEREAS, Kerri recently won the Gold medal at the 2004 Olympics. NOW, THEREFORE, BE IT RESOLVED, that Kerri Walsh is hereby commended and thanked for her hard work and dedication. BE IT FURTHER RESOLVED, that we wish her well in the future and her continued success in beach volleyball. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of September 2004. Ann Waltonsmith, Mayor City of Saratoga COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING PATRICIA MIRANDA WHEREAS, Patricia Miranda was born June 11, 1979 in Manteca, California; and WHEREAS, Patricia attended Redwood Middle School and Saratoga High School, graduating with a 4.0 GPA; and WHEREAS, Patricia graduated from Stanford with a Bachelor's Degree in Economics and a Master's Degree in International Policy Studies and was a member of the men's varsity wrestling team; and WHEREAS, Patricia has many international achievements such as: 2003 Pan American Games Gold Medalist 2003 World Cup Gold Medalist Two-Time Silver Medalist in World Championships (2000, 2003) WHEREAS, Patricia recently won the Bronze medal at the 2004 Olympics. NOW, THEREFORE, BE IT RESOLVED, that Patricia Miranda is hereby commended and thanked for her hard work and dedication. BE IT FURTHER RESOLVED that we wish her well in the future at Yale and her continued success in wrestling. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of September 2004. Ann Waltonsmith, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 AGENDA ITEM: ~/ ORIGINATING DEPT;-pity Manager's Office CITY MANAGER: ~~~`'~ PREPARED BY: DEPT HEAD: SUBJECT: Proclamation Declaring the Month of October 2004 as "National Domestic Violence Awareness Month" RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: Attached is a proclamation declaring the month of October 2004 as "National Domestic Violence Awareness Month" FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Send proclamation to Jo Coffaro, Assistant to Vice Mayor Pat Dando, City of San Jose. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment -Announcement from the City of San Jose Attachment B - Copy of proclamation 7TH ANNUAL ELECTED Bc PUBLIC OFFICIALS WALK TO END DOMESTIC VIOLENCE Date: October 8, 2004 /~ ~~"^??~ / 204 Id~SJ (v z Time: Registration 8:30 a.m. Program 9:00 a.m. Walk Begins 9:45 a.m. Community Breakfast 10:30 a.m. Location: San Jose Civic Center Area. Walk will start at San Jose City Hall, proceed along a mile route around the civic center area and end with a community breakfast at the San Jose Police Association Hall located at 1151 North Fourth Street. Sponsored by: The City of San Jose, the County of Santa Clara, the Valley Transportation Agency, the San Jose Police Officers Association, the Santa Claza County Sheriff's Association, and City Yeaz. Purpose: The San Jose Police Department responded to neazly 6,000 domestic violence calls a yeaz. These incidents involved people of all cultures, races, religions, sexual orientation, age, education and income levels. Family violence is not a private concern. It is a serious community problem. The City of San Jose Domestic/Family Violence Advisory Board is working to address this issue. On October 8th, it will hold its 7`h Annua] Elected & Public Officials Walk to End Domestic Violence. This year's theme is "Speak Up, Save Lives". The Walk will bring together Elected and Public Officials from throughout Santa Clara County to publicly declaze that domestic violence will not be tolerated in their City. Participation: The Advisory Board would appreciate it if each city can participate in the following ways: • Send at least oae Public or Elected Official to participate; and • Encourage your City employees to participate at the Walk; and • Provide a flag from your city so it can be display on the stage during the program; (it can be mailed to Jo Coffaro, 801 North 15`, Room 600, San Jose, 95110); and • Promote the Walk in your city newsletters and or/website; and • Proclaim the month of October Domestic Violence Awareness Month at one of your City Council meetings. Contact Person: Jo Coffaro Assistant to Vice Mayor Pat Dando, City of San Jose, Phone: 408.277.5251 e-mail: jo.coffaro@sanjoseca.gov CITY OF SARATOGA PROCLAMATION DECLARING THE MONTH OF OCTOBER 2004 "NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH" WHEREAS, domestic violence is a concern of every community in the United States, and is a major social problem that occurs among all ages, races, cultures, occupations, and economic backgrounds; and WHEREAS, domestic violence is one of the sources of violent behavior in our society. A child who grows up in a violent household learns that violence is an acceptable way of dealing with personal problems. To break this cycle of violence, services and programs that promote a functional home environment must be available; and WHEREAS, services and programs for battered women and their families, child protective services, and counseling centers for dysfunctional families have been established throughout the community; and WHEREAS, services and programs for the victims of domestic violence must be effectively communicated throughout the community; and WHEREAS, on October 8, 2004, the 7`" Annual "Elected and Public Officials Walk to End Domestic Violence" will take place at the San Jose Civic Center to further raise public awareness about the need for solutions and to a call for the active participation of all public officials, social service agencies, and the community to end domestic violence. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim and recognize the month of October 2004, "NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH" in the City of Saratoga. We join in the fight to end domestic violence and encourage all citizens to help raise community awareness and support that will lead to the reduction of domestic violence and help ensure a safe quality of life for women and families in Saratoga. Witnessed our hand and seal of the City of Saratoga on this 15th day of September 2004. Ann Waltonsmith, Mayor SARATOGA CITY COUNCIL EETING DATE• Se tember 15 2004 AGENDA ITEM'. IC M P ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~~ PREPARED BY: DEPT HEAD: SUBJECT: Proclamation -Declaring the week Of October 4-9, 2004 "Lawsuit Abuse Awareness Week" RECOMMENDED ACTION: Present proclamation. REPORT SUMMARY: Attached is a proclamation declaring the week of October 4-9, 2004 as "Lawsuit Abuse Awareness Week". Don Wolfe, President/Citizens Against Lawsuit Abuse, will be present to accept the proclamation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Letter of request from Don Wolfe Attachment B -Copy of proclamation Silicon Valley Citizens Against Lawsuit Abuse 700 Empey Way, San Jose, CA 95128 (408) 975-0820 Email: dwolfe@cala.org Website: www.calaorg August 9, 2004 The Honorable Ann Waltonsmith Mayor, City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 ~:..,. . Dear Mayor aN~itonsmith I would like to take this opportunity to invite the City of Saratoga to join our nearly 6000 supporters in the Bay Area in promoting public awareness of lawsuit abuse and its effects on our local communities, schools and governments. As you well know, local governments are often viewed as "deep pockets" in predatory lawsuits, which only exacerbates the many financial challenges municipalities face today. With this in mind, we respectfully request that you issue a proclamation declaring October 4-9, 2004 as Lawsuit Abuse Awareness Week. I have enclosed sample proclamation text for your review. I hope you will support our efforts to call attention to this important issue. Should you have questions concerning Lawsuit Abuse Awareness Week, or our organization, please do not hesitate to contact us. Thank you in advance for your participation. Sincerely, Don Wolfe President Citizens Against Lawsuit Abuse And Mayor of City of Saratoga, 1998 CITY OF SARATOGA PROCLAMATION DECLARING THE WEEK OF OCTOBER 4-9, 2004 "LAWSUIT ABUSE AWARENESS WEEK" WHEREAS, the United States of America has been the worldwide symbol of individual liberty and a beacon of hope and opportunity for more than two centuries; and WHEREAS, the fundamental principle of ordered liberty forms the foundation of all the laws that govern us; and WHEREAS, our Constitution and the Bill of Rights embody this principle and preserve our uniquely American liberties, such as freedom of speech, freedom of religion, freedom of the press, freedom of petition and due process of law, and right to a trial by a jury of our peers; and WHEREAS, it is vital that justice for legitimate victims should not be delayed due to meritless and frivolous litigation, lawsuits without victims or evidence of any harm, or lawsuits filed purely in the interest of undeserved profit; and WHEREAS, abuse of the legal system (lawsuit abuse) costs every Californian $809 a year in a "Lawsuit Tax" while job, services, scientific advancements and untold resources are lost to lawsuits; and WHEREAS, frivolous and abusive lawsuits against our communities raise our taxes, close parks and swimming pools, take police off the streets and drain valuable resources from our schools; and WHEREAS, it is encumbent upon all members of the legal profession and our elected leaders to protect California consumers, businesses, and families by seeking sensible reforms which will discourage the filing of frivolous lawsuits, reducing the exorbitant costs of litigation in California, restrain the prospects for arbitrary and unjust awards, protect legitimate victims against unfair and outrageous contingency fees and preserve access to the courts for all those who deserve swifr justice; and WHEREAS, an important and enduring part of the movement to restore fairness and balance to our civil justice system, and to encourage more citizens to safeguadd the justice system by serving on a jury when called, is the dedicated work of Citizens Against Lawsuit Abuse (GALA); and WHEREAS, with more than 30,000 supporters and six GALA groups statewide, CALA's mission is to educate the public about the human and financial costs of lawsuit abuse and thereby create a climate for change. NOW, THEREFORE, I, Ann Waltonsmith, Mayor of the City of Saratoga, do hereby proclaim the week of October 4-9, 2004 as "LAWSUIT ABUSE AWARENESS WEEK" and encourage all citizens to support fundamental reforms to safeguard and improve our civil justice system. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15`" day of September 2004. Ann Waltonsmith, Mayor Saratoga, California SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~ PREPARED BY: Jaye Tkach~iT DEPT HEAD: SUBJECT: Check Registers: 9/9/04 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached are the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Date 9/9/2004 Checks VOIq io~ar Checks AP CHECKS A97383-97500 1 GENERAL 100 COPS-SLESF 110 Traffic Safety 150 Streets & Roads 180 LLA Districts 250 Dev Services 260 Environmental 270 Housing & Comm 290 Recreation 291 Teen Services 292 Facility Ops 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 351 Public Safety 352 Infrastructure 353 Facility 354 Park and Trail 400 Library Debt 420 Leonard Creek 720 Cable TV 740 PD #3 800 Deposit Agency PAYROLL CHECKS: 630236-30266 TOTAL 433,522.07 14,198.18 (171.30) 14,291.86 9,783.37 30,412.72 2,088.41 6,048.00 9,852.43 (44.00) 218.79 400.00 2,623.45 2,719.87 152,895.00 5, 711.08 2,284.30 9,286.93 9.243.28 167,093.18 (215. Date: Preparedr t~~r~ Apr-99 .~ ^ w m N N W (7 a 5 w W i c o c c o 0 Z, a rNN ~' ~ F ° N N n N N N N °° ° a n ~~ oo ~ N N '~ v.+ ~o .. .. r~N Z £ ~ N N ~ w ., .. 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RECOMMENDED ACTION: Approve resolution REPORT SUMMARY: The City's bank, Comerica, requires that authority to sign on accounts to conduct routine bank business be approved by resolution of the Council of the City of Sazatoga. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Routing banking transactions, such as payment of City bills, will not be performed. ALTERNATIVE ACTION: Council could decide to have only Councilmembers sign. FOLLOW UP ACTION: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Resolution RESOLUTION NO. 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DESIGNATING THE CITY MANAGER AS AUTHORIZED TO SIGN ON BEHALF OF THE CITY OF SARATOGA IN ORDER TO TRANSACT ROUTINE BANK BUSINESS WITH THE COMERICA BANK AND TO PERMIT THE CITY MANAGER TO DELEGATE THE SAME AUTHORITY TO OTHERS WHEREAS, the Municipal Code of the City of Sazatoga, Article 2-20, Section 2- 20.035, designates the City Manager as the City Treasurer and authorizes the City Manager to perform all duties required by law to be performed by a City Treasurer, and WHEREAS, the City of Sazatoga is required to complete a business and personal master signature card with Comerica authorizing access to City accounts for the purpose of transacting routine bank business for the City of Saratoga, NOW, THEREFORE, the City Council of the City of Saratoga hereby authorizes the following: The City Manager, acting as City Treasurer, is hereby authorized to sign on behalf of the City of Sazatoga to conduct routine bank business with the Comerica Bank. 2. The City Manager, acting as City Treasurer, is hereby authorized to delegate the same authority to others on behalf of the City of Saratoga providing that such persons are Department Heads, Directors, City Clerk, or Assistant City Manager of the City of Saratoga. The above and foregoing resolution was passed and adopted at a regular meeting Saratoga City Council held on the 15`h day of September, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 AGENDA ITEM: (J- ORIGINATING DEPT': City Manger's Office CITY MANAGER: 04~L~--~"- PREPARED BY: l J~-~11~I DEPT HEAD: SUBJECT: Amended and Restated Agreement for Employment of City Manager RECOMMENDED ACTION: Authorize Mayor to execute amended and restated agreement with Dave Anderson, City Manager. REPORT SUMMARY: The attached agreement reflects direction from the City Council and has been approved as to form by the City Attorney. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk will forward a certified copy of the fully executed agreement to the City Manager ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - 2004 Amendment to Amended and Restated Agreement for Employment of City Manager 2004 Amendment to Amended and Restated Agreement for Employment of City Manager WHEREAS, the above-referenced agreement between the City of Saratoga ("City") and David Anderson ("Anderson") was entered into effective September 1, 2003 ("Agreement"); and WHEREAS, the parties wish to amend section III of the Agreement; NOW THEREFORE, City and Anderson have agreed that section III of the Agreement shall be amended to read as follows: III. COMPENSATION OF ANDERSON. A. Sa1arv• ANDERSON shall receive a salary of One Hundred Thirty-Eight Thousand Dollars ($138,000) per year. The salary shall be paid in bi-weekly installments. For the year beginning September 1, 2004 ANDERSON shall receive the same salary increase as other Saratoga employees who aze represented by the Saratoga Manager's Organization (SMO), as detailed in section 5 of the Memorandum of Understanding between the City and SMO effective July 1, 2004 ("SMO MOU"). 2. ANDERSON shall be eligible for a bonus in an amount to be determined by the City Council up to Seven Thousand Dollazs ($7,000.00) per year. Award of the bonus shall be based upon the City Council's evaluation of ANDERSON'S performance during the review period preceding the award of the bonus. In light of current limitation on City revenues ANDERSON has requested that no bonus be paid for his performance in the evaluation periods beginning August 1, 2002 and ending July 31, 2004 and the City has agreed. 3. In the event the City, at any time during the term of this Agreement, reduces the salazy specified in section IILA.1 of this Agreement or benefits specified in section III.B of this Agreement, then ANDERSON may, at his option, be deemed to be "terminated" by the City Council within the meaning of Section LC.1 of this Agreement as of the date of such reduction. B. Benefits. Except as specified below and elsewhere in this Agreement, ANDERSON shall be entitled to the same employee benefits and leave as other Saratoga employees who are represented by the Saratoga Manager's Organization Page 1 of 2 (SMO), as detailed in Sections 6 and 7 of the SMO MOU. Notwithstanding anything in that MOU, Anderson shall: Not receive a monthly expense allowance of $350, but shall receive a vehicle allowance of $450 monthly for business related vehicle costs; 2. Accrue paid time off at a rate of 216 hours per year; and In witness whereof, the City has caused this amendment agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Anderson has signed and executed this amendment agreement effective September 1, 2004. DAVID ANDERSON CITY OF SARATOGA David Anderson Date Ann Waltonsmith Date Mayor ATTEST: Cathleen Boyer Date City Clerk APPROVED AS TO FORM: Richard S. Taylor City Attorney Date Page 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: CITY MANAGEF DEPT HEAD: SUBJECT: City Arborist Contract Amendment to include term and Not to Exceed amount RECOMMENDED ACTION: Review the revised contract and authorize the Ciry Manager to sign the contract on the Ciry's behalf. REPORT SUMMARY: Recent History Council Members Ann Waltonsmith and Stan Bogosian interviewed Deborah Ellis, MS and David Babby of Arbor Resources on October 28, 2002. Their recommendation to the City Council is that David Babby be appointed City Arborist. Both of these candidates had merit. Mr. Babby currently provides consulting arborist services for the City of Campbell and the City of Palo Alto. Deborah Ellis is the Town Arborist for Los Gatos and has previously worked on the Villa Montalvo Artist Residence project here in Saratoga. As has been previously mentioned, Staff took advantage of the opportunity to tighten up time lines for services the City Arborist provides. For example, the existing agreement allows 30-days for submittal of a written report. In the Request for Proposal that was sent out, we specified 14- days to submit an electronic (email) version of the report. This is important as it allows the Planning Staff to include the Arborist's recommendations in the Planning Commission resolution without retyping. During the interviews, both candidates indicated that they could provide the increased service levels outlined in the RFP. Amendments Peter Kolf, Interim Administrative Service Director, in an effort to bring Saratoga's operating procedures up to date with good fiscal policies has requested that this contract come back to the Ciry Council for re-approval so that a specific term can be added to the contract. This term suggested is 5-years. At the end of the five-year period the City can choose to extend or seek new proposals for City Arborist services. The second change requested by the Interim Administrative Service Director was to have a maximum dollar amount in the contract. The contract before you has a $100,000 maximum. When this maximum dollar amount is being ap~roa d Staff will bring back a request to augment the dollar amount. As you will recall, new d elopment, additions or remodel projects that may have impacts to ordinance trees are sul£ d to having a Ciry Arborist Report prepared. They are required to pay a Horticultural Deposi of between $1,000 and $1,500 depending upon the size of the project and potential impacts to trees. If any project approaches the deposit amount more funds are requested. Final inspections are not given without the aborist fees being brought up to date. The City budgets for both revenue and expenditures related to City Arborist services. In all likelihood this contract will have to be updated by City Council action with each new fiscal year's appropriation. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Pete won't be happy. ALTERNATIVE ACTION: Leave the existing contract in place. FOLLOW UP ACTION: Have City Manager and City Attorney sign the contract. ADVERTISING, NOTICING AND PUBLIC CONTACT: None required. ATTACHMENTS: Draft revised contract. 2 of 2 CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Arbor Resources, ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on January 23, 2003, and extends through February 1, 2008 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. City of Sazatoga/Standard Contract Agreement Page 1 of 22 My Documents/Contracts 03/15/01 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement aze attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by the Community Development Director ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the City of Saratoga/Standard Contract Agreement Page 2 of 22 My Documents/Contracts 03/15/01 validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: David L. Babby, RCA Arbor Resources PO Box 25295 San Mateo, CA 94402 Notices to City shall be sent to: Community Development Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. My Docun 03/15/01 Contract Agreement rn~c ~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRALTO ~/ Date: 8 ~ I O By: Print Name: David Babby Position: C 1 4 "`~ ~2'~~'~ ~ 1 CITY OF SARATOGA, a municipal corporation sy: Name: DAVID ANDERSON Title: CITY M~ ER APPROVED AS TO FORM APPROVED AS TO FORM: sy: City Attorney Date: APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Administrative Services Director Attachments Date: Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements City of Say My Docun 03/15/01 n__e a ~r Agreement EXHIBIT A SCOPE OF WORK Contractor shall complete the attached Scope of Work. 1. Site Investingations a. When requested by the Community Development Department consultant shall conduct site investigations and prepare a written report. b. Site investigations will include establishing an inventory of all ordinance- sized trees located on the property. This inventory will include identifying the location of species of each tree, evaluating the health and structural condition, measuring trunk diameter at 24- and 54- inches above grade, and estimating tree height and canopy spread. Photographs will be provided upon direction of City Staff or where Consultant believes they are necessary to establish a visual record for current and future assignments. c. An electronic and hard copy version of the report will be submitted. The electronic version will be submitted on a compact disk or as otherwise agreed upon. For the hard copy, the text, tables, charts and illustrations will be presented on 8 '/2- by 11- inch vertical sheets with 11- by 17-inch sheets for the map (size of map is up on your request). The report will comply with those standards established by the International Society of Arboriculture and the American Society of Consulting Arborists. d. The report will be submitted within two-weeks from when Consultant receives the necessary development plans. 2. Development Proposal Review a. When requested by the Community Development Director, Consultant shall review development proposals and prepare a report including clear, concise recommendations regarding changes to the development to protect trees, tree bond values, tree protective fencing, and replacement plantings. b. All development proposals will be reviewed prior to, during and after performing site inspections. All available plans proposed for a project should be submitted to Consultant in order to properly evaluate each potential impact. c. Consultant recommendations shall seek to obtain a high assurance of survival for trees being retained. All recommendations will be specific and comply with standards accepted and practiced in the arboricultural industry. d. Tree bond values shall be established by determining the tree's appraised value using the most recent edition of the Guide for Plant Appraisal, authored by the Council of Tree and Landscape Appraisers. e. Tree protection fencing shall be drawn on the tree protection map included in the report. It will also be discussed within the recommendations section of the report. City of Saratoga/Standazd Contract Agreement Page 5 of 22 My Documents/Contracts 03/15/01 f. Replacement plantings will be recommended to mitigate for trees being removed. The recommended type of tree to install will consist of species native to the City of Saratoga. The recommended size and amount of trees to install will correlate to the appraised tree value. 3. Final Site Inspection a. When requested by the Community Development Department, Consultant shall conduct a final site inspection and prepare a written Final Site Inspection report of findings and recommendations. b. The Final Site Inspection Report shall be completed and provided to the Community Development Department within one week of the request by the Community Development Department. 4. Support to City Staff a. Consultant shall be available by phone and in person to advise City staff on an as-needed basis. City will endeavor to provide five business days notice in scheduling in person meetings with Consultant. All professional work to be completed pursuant to this Agreement shall be performed by David L. Babby, Registered Consulting Arborist 8v Certified Arborist. City of Saratoga/Standazd Contract Agreement r"a` My Documents/Contracts 03/15/01 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of One hundred thousand dollars ($100,000.00) fox work to be performed and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be the total which City shall pay for the work product to be provided by Contractor pursuant to this Agreement. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. 5. RATE SCHEDULE a. General Services • On-Site Work: $125 per hour (One-hour minimum) • Report Preparation: $110 per hour • Phone Consultation: $100 per hour • Secretarial Fees: $38 per hour b. Litigation and Expert Testimony • Consulting: $160.00 per hour (one and one-half hour minimum for field work) • Depositions: $200.00 per hour (one and one-quarter hour minimum) • Court appearances: $225.00 per hour (one and one-quarter hour minimum) City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 7 of 22 c. Attend Public Hearing: $150 per hour ($200 minimum) d. Soil and Laboratory Analysis Tissue and Soil Samples: Rate to be Determined . Arborist time Billed at Rates under General Services City of Sazatoga/Standard Contract A~eement My Documents/Contracts 03/15/01 EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. 9 of City o(Sazatoga/Standazd Contract My Documents/Contracts 03/15/01 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, Page 10 of City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the City of Saratoga/Standard Contract My Documents/Contracts 03/15/01 Page 11 of 22 Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all omals which are term of this Agreement any licenses, permits, and app legally required for Contractor to practice its profession. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Page 12 of 22 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining adrug- free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be City of Saratoga/Standard Contract Agreement Page 13 of 22 My Documents/Contracts 03/15/01 stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTORContractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or n~.,a of 22 City of Sazatoga/Standazd Contract Agreement My Documents/Contracts 03/15/01 costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. c. Acknowledgement. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. d. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. e. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. f. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a City of Sazatoga/Standard Contract A~eement " ~B My Documents/Contracts 03/15/01 22 construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this pazagraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfaze, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the tom pe~orm this specific performance, contract with another party Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMS N Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other pazty. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon 16 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 termination, this Agreement shall become of no further force or affect whatsoever and each of the pazties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes aze involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any pazt of this Agreement is found to conflict with applicable laws, such pazt shall be inoperative, null and void insofaz as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. City of Saratoga/Standard Contract Agreement Page 17 of 22 My Documents/Contracts 03/15/01 WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. Contract Agreement 18 My Docun 03/15/01 EXHIBIT E Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as _ indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage _ $ per occurrence bodily injury/$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance _ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self- insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage $ per person/$ per accident for bodily injury City of Saratoga/Standard Contract Agreement Page 19 of 22 My Documents/Contracts 03/15/01 $ per occurrence for property damage $ 500,000 combined single limit for bodily injury and property damage Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. Professional/Errors and Omissions Liability with coverage as indicated: _ $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors Ss Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. }{ Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". endeavor to ..." AND "...but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." Page 20 of 22 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers aze to be covered as insureds as respects: liability azising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Page 21 City of Saratoga/Standard Contract Agreement My Documents/Contracts 03/15/01 d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII 22 City of Say My Docun 03/15/01 Ag Bement SARATOGA CITY COUNCIL MEETING DATE: Centem~er 15, 2004 AGENDA ITEM: ORIGINATING DEPT: Pnhlir Works CITY MANAGER: ~~~ PREPARED BY: Morgan K se cler DEPT HEAD: SUBJECT: 2004 Stormdrain Repair and Upgrade Project -Award of Construction Contract RECOMMENDED ACTION: 1. Move to declare George Bianchi Construction to be the lowest responsible bidder on the project. 2. Move to award a construction contract to George Bianchi Construction in the amount of $238,661. 3. Move to authorize staff to execute change orders to the contract up to $24,000. 4. Adopt Resolution. REPORT SUMMARY: Sealed bids for the 2004 Stormdrain Repair and Upgrade Project were opened on Wednesday, September 8`h. A total of two contractors submitted bids, and a summary of the bids received is attached (Attachment 1). George Bianchi Construction submitted the lowest bid of $238,661.00, which is 5% below the Engineer's Estimate of $250,000.00. Staff has cazefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated August 24`h, 2004. The scope of work includes famishing all materials, equipment, and labor to repair and upgrade Stormdrain facilities at various locations throughout the City (see attached location map). The upgrade portion involves the installation of approximately 1,4001ineal feet of new Stormdrain line, including catch basins and manholes. Repair of existing pipelines will also be performed. It is therefore recommended that George Bianchi Construction be the lowest responsible bidder on the project, and to awazd a construction contract this firm in the amount of their bid. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $24,000 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. FISCAL IMPACTS: t Funding for tllis work is available in the following accounts: 352-0209-622-40-10 ($160,487.), 150- 3020-532-40-150,000.) and 150-3020-532-40-10 ($52,174.). CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: George Bianchi Construction will not be declazed the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding the project due to the competitive nature of the current bids received. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible, and be completed by within 45 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Bid Summary 2. Map of Project Locations A ~ ~ 3 a' W N Z 9' O~ IT A N pD ~' c -p `c • m v C ~ 'o .. m ~ _. x .. N C m fr// N N N N N ~. 9 P i+ ry m N y ~ J ~ n ~. N N J N J fE (D N ' d. S N O G . O 'p d j d X S t) O J l A ~ _ » ~ J d 9 ~ ~ ~~ ~ ~ ,~ J m _ ,y, -~ J o a x g ~ N O m x O. ~ °m ~°~.3~ w = o~ = i ~ O 7 N N J fD '. ~ fD n < m ~ N 'n m ~ ~: '~ ~ ~ v J N ~i ~ N ~ c 3 a: ~ ~ < d m ^f ~' p j J so ~ ~ 3D p ~ °m o 3N m O m fD d aD~ N (D ~ ~ N .Z7 7 Q ~ ~ N ~ ~ S ~ ? C<C O ~ S n W~ C `~ W y O N J (7 a ~ = v O =°' N ? v- ~ _ ' ' _~ m m J ~ C e o ~ o . ~ (T (l1 O N O N ~ M ;, 0 0 0 O O ~ O 0 00 0 0 0 ~^ N C d O w d (T o N ~ O N o O N 0 0 0 0 0 O G7 N O O ~ C A p O W N N W ~ ~ (Ol i N m J N A A~ d Ql N f ly W O W J O O O O O O A O J fw' O w d A A W N tOO W ' N W O ~ N W d A A J W A ~ ~ C t1 n 0 0 0 O "' ~ ~ O O f D O O 0 0 0 O N m a a 1 K A A A ~ N J W 0 0 °o °o o °o ° ° ° ° ° ° o o o o o o Q a r W v a N N O O 0 O O O a N W W W N O O a N 10 N A m 0 0 0 n 0 D .i CITY OF SARATOGA 2004 Stormdrain Repair and Upgrade Project Bid Item Locations N A No Scale RESOLUTION NO. 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT IN THE AMOUNT OF $238,661, PROVIDE AUTHORITY FOR CHANGE ORDERS UP TO THE AMOUNT OF $24,000, AND AMEND THE BUDGET FOR FY2004/OS TO PROVIDE $52,174 FROM THE FUND BALANCE OF FUND 150, HIGHWAYS USERS GAS TAX FUND, TO FULLY FUND THE CONTRACT. WHEREAS, bids were received for the 2004 Storm Drain Repair and Upgrade Project, and WHEREAS, George Bianchi Construction submitted the lowest responsible bid of $238,661 which was 5% below the Engineer's estimate, and WHEREAS, funds for the Storm Drain Repair and Upgrade Project are appropriated in Fund No. 352, Infrastructure Fund, Account No. 352-0209-622-4010, Storm Drain Upgrades, in the amount of $160,487, and Fund No. 150, Highway Users Gas Tax Fund, Account No. 150-3020-532-4010, Services-General Contracts, in the amount of $50,000, and WHEREAS, additional funds amounting to $52, 174 needed to totally fund the project are hereby appropriated from the Fund Balance in Fund No. 150, Account No. 150-000-320-2000 and added to Fund No. 150, Highway Users Gas Tax Fund, Account No. 150-30-532-4010, Services-General Contracts. NOW, THEREFORE, the following is resolved by the Council of the City of Sazatoga: 1. The City Manager of the City of Sazatoga is hereby authorized to sign a contract with George Bianchi Construction in the amount of $238,661 for the Storm Drain Repair and Upgrade Project. 2. Staff is hereby authorized to execute change orders to the above contract amounting to $24,000 if necessazy. The City Manager or the Administrative Services Director is hereby authorized to make any necessary budget adjustments for FY2004/OS required to fund the above contract. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15`h day of September, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: ____ ~~ CITY MANAGER: ~~~~`"`---- DEPT HEAD: SUBJECT: Letter of opposition to the City of San Jose Application # PDA 87-071-O1 to allow San Jose YMCA to open at 5:30 am instead of 6:00 am RECOMMENDED ACTION: Authorize the Mayor to sign the attached letter expressing the City of Saratoga's opposition to the earlier opening as it impacts Saratoga citizens that front on Quito Road McCoy Avenue. REPORT SUMMARY: Staff has attached documents supplied by Jon Garliepp a Saratoga resident. He and other citizens that live in the vicinity of the YMCA have expressed concern and opposition to the YMCA opening earlier that their Planned Development Permit amendment. Mr. Gazliepp has also provided a list of YMCA issues. This doctunent shows how the YMCA has not met the original conditions of approval. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Saratoga citizens living this area will continue to be disgruntled. ALTERNATIVE ACTION: Do nothing and let the process follow the bureaucratic process without the City of Saratoga entering the fray. FOLLOW UP ACTION: Send letter to the San Jose Planning Director ADVERTISING, NOTICING AND PUBLIC CONTACT: Not required ATTACHMENTS: 1. Draft letter for the Mayor's signature 2. Documents provided by Mr. Jon Garliepp f , ,. ~ ~~ ~ _ ~-._.~ i r ~ i~:_SLL1 C~.7' t? ~. CJ ~\'~ CSC, tii r`,iti. ~(iC;,„ C 1' tlUiti!~ ~hpi0 ~IOSI t365-1'?QO i'ii(;vCtf. 371''T.ri8EI:~- inrr,rprv'ztcaC. C+r ud,,•r'; i9$(i September 16, 2004 Stephen M. Haase, AICP, Director Department of Planning and Building 801 North First Street San Jose, CA 95110 RE: Applicant #PDA 87-071-O1 Dear Mr. Haase, Stan Booosiar Kathleen Kiro Norman Klfne NICK ~i~Bl( P,nn Warronsmnh, Please accept this letter as an expression of the City of Saratoga's opposition to the application of the Southwest YMCA `s Planned Development Permit amendment. The City of Saratoga boundary is on two sides of the YMCA property with single family home fronting on Quito Road and McCoy Avenue. The Saratoga citizens living in this area are the ones who will suffer from earlier traffic noise and disturbance. On behalf on the Citizens of Quito Park and Sunland Park neighborhoods the City Council of the City of Saratoga is requesting that you deny the requested amendment. We would further request that the previous conditions of approval be enforced. Sincerely, Ann Waltonsmith, Mayor City of Saratoga Southwest YMCA Issues 9/12/03 Reference Documents PDC85-12-112 PD86-09-057 PD86-12-082 PD87-09-071 1. Landscaping incomplete for Phase 2 of project and current landscaping not kept up. 1.1. See letter dated February 24, 1995 from Larry Bohannan concerning violation of landscaping conditions. 1.2. Currently, the parking strip along McCoy Avenue has dead grass and bare ground in areas where there should be green grass in accordance with the landscape plan. Maria Drake, Executive Director of Southwest YMCA, was notified on 6/4/2003 that all the lawns on the Southwest YMCA property were turning brown -nothing done to fix the problem with this parking strip. 1.3. PD86-12-082 drawing 5.2 titled Planting Plan clearly shows what is required to be landscaped. Additionally, drawing 6.1 titled Planting Plan (no PD stamp on it) also shows the same basic layout with some minor differences. Which landscape plan is supposed to be accomplished by the YMCA? 1.4. PD87-09-071 states that permit 3-6562 was issued for landscaping. Was this ever signed off? 1.5. The landscape drawing shows 18 - 5 gallon Prunus Laurocerasus planted along the eastern side of the pool building; however, this area has been paved over with asphalt. What authority did they have to do this? 2. Signs continuously displayed on the chain link fence at the corner of Quito Road and McCoy Avenue. 2.1. See letter dated February 24, 1995 from Larry Bohannan concerning violation of sign ordinance. 2.2. PD87-09-071 item 27 clearly states that "Outdoor displays, either permanent or temporary, and window signs, whether paper, or any other material, permanent or temporary, are prohibited with this permit." 3. Air conditioning units not properly screened. 3.1. At least six air conditioning units located roof tops are not screened. 3.2. Two air conditioning units located on the ground facing McCoy Avenue are not screened. Other A/C units by inside compound buildings are not screened (behind main office, etc.). 3.3. PD87-09-071 item 21 states that mechanical equipment must be entirely screened from ground level view by an enclosure. 4. Fire hydrant less than 10 from driveway on McCoy Avenue. 4.1. PD87-09-071 item 17 states "All project driveways shall maintain a minimum distance of 10 feet from all fire hydrants. Existing fire hydrants may require relocation to maintain this distance: 'Currently, the fire hydrant in question is eight feet from the driveway. 5. Proper lighting not maintained. 5.1. One sodium light in the northeast parking lot is not working at all. 5.2. Two out of three can-type lights on the northeast eave area of pool building are not working. 5.3. Maria Drake, Executive Director of Southwest YMCA, was notified on 6/4/2003 that these specific lights were out -nothing done. 5.4. Personal safety issue for people going to their cars or walking at night. 6. Hours of operation in permit not adhered to. 6.1. Per PDC85-12-112, the maximum operating hours are to be from 6:30am to 9:OOpm. Is this the governing document for their business hours? If so, they are out of compliance (see item 6.2). 6.2. Current hours of Southwest YMCA operation (obtained from website): M-F 5:30am-10:00pm, Sat 6:OOam-B:OOpm, and Sun 8:OOam-7:OOpm. 7. Incorrectly installed storm drain box. 7.1. The storm drain box in the Northeast parking lot was not installed correctly, now it is loose, potential safety problem. 7.2. Maria Drake, Executive Director of Southwest YMCA, was notified on 6/4/2003 of this problem -nothing done. 8. Outdoor storage. 8.1. Currently there are items being stored outside the building on the west side of the property. These items are viewable from Quito Road. 8.2. PD87-09-071 item 23 states "No outdoor storage is allowed." CITY OF SAN JOSE -COMPLIANCE ORDER Department of Planning, Building and Code Enforcement 170 W San Carlos Street, San Jose, CA 95113 Page 1 of 2 Case No: 200345208 Owner: YOUNG MENS CHRISTIAN Permit No: N/A Mailing Addreas: 1922 THE ALAMEDA FLOOR 3 SAN JOSE CA 95126 Violation Address: 2560 QU1T0 RD Occupant: YMCA Inspection Date: OCTOBER 7„ 2003 Compliance Date: JULY 1, 2004 AN INSPECTION OF TILE PROPERTY FOR WHICH YOU ARE ltESPONSIIiLE HAS IDENTIFIED THE FOLLOWING VIOLATIONS OF THE SAN JOSE MUNICIPAL CODE: Compliance Confirmed Code Section Violations andCorreMians Required 20.60.030 B No use, other than the Particular uses specified in the Permit, shall be permitted, except as set forth elsewhere in the Title 20 20.60.010 Planned Development District No building, structure or land shall be used and no building or stmcture shall be erected, enlarged or structurally altered, or demolished in any Planned Development District, except in accordance with the provisions set forth in this Chapter (20.60 of the San Jose Municipal Code. Zoning Ordinance). VIOLATION(S): FAILURE TO COMPLY WITH PROVISION OF PLANNED DEVELOPMENT PERMITS. CORRECTIONS REQUIRED: 1. On or before JULY 1, 2004 ,complete all landscaping required by Planned 2. Development Permits and as shown oo second phase, sheet two Planting Plan #86-12- 082. All landscaping must be maintained by "pruning and watering as necessary . 2. On or before JULY 1, 2004, change hours of operation to those permitted on the Planned Development Permit # 85-12-112, 6:30 A.M. to 9:00 P.M. Refer to the Planned Development Permits for hourly program breakdowns. Adjustment of parking lot hours wID not be an acceptable solution. 3. On or before JULY 1, 2004, complete lnstallattan of all Air Conditioning shields "entirely screened from ground level view" ss required by the Planned Development Permit # 87-09-071. 4. On or before JULY 1, 2004, remove all "outdoor displays, either permanent or temporary, and window signs, whether paper, or any other material, permanent or temporary" as per Planned Development #87-09-071. WARNING FAILURE TO CORRECT ALL VIOLATIONS LISTED IN THIS ORDER, BEFORE THE COMPLIANCE COMPLIANCERIS ACHIEVED ASSWELL ASPTHE ASSE SMENT ~OF PALLDADMINISTRATIVEICOSTS. ACTION IS IN ADDITION TO ALL OTHER LEGAL REMEDIES, CRIMINAL OR CIVIL, WHICH MAY BE PU BY THE CITY IN RESPONSE TO ANY VIOLATION. CITY OF SAN JOSE -COMPLIANCE ORDER Department of Planning, Building and Code Enforcement 170 W San Carlos Street, San Jose, CA 95113 Page 2 of 2 5. O t" t uemoa '~ sway OAnothertrecou ae b to contact Fire Prevention Engincer Luis Da Silva at (408) 277-8756 to prepare and sign damage waivers for any fire hydraate within 10 feet o[ any driveway. 6. On or before JULY 1, 2004, remove any outdoor storage as per Punned Development Permit # 87-09-071 NOTE: PERMITS FROM THE BUILDING DIVISION MAY BE REQUIRED FOR STRUCTURAL, PLUMBING, MECHANICAL AND ELECTRICAL WORK. WORK DONE WITHOUT THE REQUIRED PERMITS IS A PEISRMITS FOR THE AIR CONDTI'IONING SyHIELDRVG WII.L NOT E REQUIRED. ON 1!7/04 THAT tcrrrv 4mith 087E 408-277-3552 *•~-~~ ~e X004 PHONE # DATE OF NOTICE CODE ENFORCEMENT INSPECTOR WARNING FAILURE TO CORRECT ALL VIOLATIONS LISTED IN THIS ORDER, BEFORE THE COMPLIANCE COMPLIANCE S ACHIEVED ~SM'ELL ASPT~ ASSE SMENT ~OF ALLDADMINISTRATIVE COSTS. BY THE CITY IN RESPONSE TO ANY VIOLATION REMEDIES, C12IMINAL OR CTVII., NVHIICH MAY BE PU t k 1 ~ ~~~ 8IT8 USS PROJECTIONS FOR 30UTflYEST YYG LOCAT&D ON•g0IT0 8Cfl00L PAOPESTT• I. Yiret Thre• to four Years --- DAY3 Ci- ~7C ALTIVITIE4 OFFFSFD (TI1d;) 1 OP PAR'fICIPANT3 Y/f/F Prs-Natsl/PoetPa~ Fbcerciss (8:30-10:30 am) 10 Y/11R Boar Shop Exercise to Yusia (11:00-12:00 om) ~ !Uf/F Y-Aerobics (5:t:0-8:00 pm) ~ Y/M/F Slti Fitness (8:30-8:00 Im) ~ T/'Th Body ~P (11:00-12:00 am) ~ ~ T/TFs Y-Aerobics (8:00-7s00 pm) T/Th Y'e Hay to Fitness (9:00-10:00 am) ~ T/'Th Senlnr Fitness (10:00-11:00 am) ' 0 O F NS9 Y/M/P ?rs-giader raxm•uA (10:30-11:30 am) ~ T/1ts YladerQym (10:00-11:00 am) T/1L Parent-1bt ~ (10:00-11:00 am) ~ gat. Little Ci,clcera' Indoor Soccer (marnines) ,~ Bat. '11r~sliaa (marnin¢e) T8R-S C ILD RE lloodgy ths+ous~s Ftlday, 2:30.6:30 pm -- 40 children daily thrat~tout school year A A AY 9 lfonday ths+ou~s Friday, 7:30 am - 8:30 pm, 40 children daily Dscanber - two weeks, April - 1 week R MP ' 1loodaY throws Friday, T:30 am to 8:30 pm, 80 children daily for 12 weeks Otbet uaaSe dll include Hoard, oomnitee, and pro~am vol:mteer meetings m as awraSe of tto per week, 1b-20 adults average attendance, 7:30-6:30 pm. Poaeible 3aday assns by local clsssrh for 9:mday servi,cas, average attendance -150. Lbaaible rental on Friday sad Saturday evmiaes to com'a¢sity erarpe. Passible FridAy and Saturday eveninE for teens, averaSo attendance - 25. NUi0dG8 CF F1FiLXEES (CN SP18): 8 full-time sad 9 part-time HfABFB CF PARTICIPANT3s average 150 Per day, Monday thra:Ets Friday, 25 on Saturday HOtIItS. ~ tPIIiATIGt(s 7230 am to 9:00 pm 1 PEA[ oss TIIQs B:00 to 8:00 pm, lfonday LhsrouQh Friday ~ ~'~ ~;~--~~--112 +~ ® 1 ~' II. LONG RANGE USAGE --- Floss to five years iron initial occupancy, with the addition of - pool, adult fitness center. locker and ai:ower~area, usaEs mould include all pro~~aos listed shove plus the So11ow1nQ: PR N RECREATIONAL SMIY AND FITNESS CENTS 8:30 am to 5:00 pm, Monday throuQ6 Friday 8:00 am to B:00 pm, Saturday 17:00 to 3:00 pm, Sunday PEAY HOURS: 8:30-8:00 am"" ^ 12:00-2:00 pm ' 5:00-7:00 yam ,,. PROJECTED YEIIBERSHIPS: .2000 ' L'~AVERAGE DAILY ATTENDANCE: 300 people, Monday -Friday 150 people, Saturday and Sunday NUYSBR OF EYPLOYEE3 (ON-SITE): ? Lull-time and 18 part-time _, • a •~ t T F7^. ' y1 f , ~) ~~ lJ LJ l III. YiNAL PHASB --- Tea to fiiLeea yearn after caaatructiou o1 pool and fitness area (nautilus, seigtsts, and aercblca), all structures now identified as Qilto School Brill be de®li>~ed sad new buildia8s sill take their place. New bulldinQ spaces will include a ~aaium, second aozll tauhing pool, male sad female adult fitness centers (a more "elite" locker-shaver area with ~ansai, whirlpool, loua®e, etc.). aexnbics area, nautilus sad weight rooae, sad new adaiais- tntian areas.a HOURS OP OPERATIONS remain the same PEAY HOURS: remain the same PR0IECTED MEMBERSHIPS: 3000 AVERAGE DAILY ATTEYDANCE: 500 people, Monday-Friday NUMBER OP EMPLOYEES (ON-SITE): 7 full-time and 20 part-time ~ildcare programs will eventually be relocated o11-site. The only childcare in this final phase will he a nursery provided as a cosu~tesy LO adult program pa:ticipaats. i r ~% . ,. ~ ~, ~ s c~,• ~' r .~ SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 ORIGINATING PREPARED RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: AGENDA ITEM: Z CITY MANAGER: O~~%""' DEPT HEAD: The League of California Cities has requested that local cities adopt the attached resolution supporting Proposition lA. Proposition lA is a historic measure on the November ballot that will keep more of our local tax dollars local and will protect arksngibraries and transportations fire and paramedic response, law enforcement, healthcare, p , Prop. lA will stop the State Legislature from taking and using local government funds and will protect local taxpayers and our essential local services FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Mail a copy of the resolution and endorsement form to the League of California Cities. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Office Attachment A -Information form the League of California Cities Attachment B -Resolution SUBJECT: Resolution Supporting Proposition IA ^ r~ PROTECTLOCAtTAMPAYERS L~ www.YesonProp1A.com THE FACTS ABOUT PROPOSITION 1A THE PROBLEM LOCAL TAXPAYERS AND PUBLIC SAFETY SERVICES ARE THREATENED For more than a dozen years, the state legislature has been taking local tax dollars that local governments use to provide vital services like fire protection, paramedic response, law enforcement, healthcare, parks and libraries. The State has taken more than $40 billion from cities, counties and special districts in the last 12 years. If these raids continue, it could mean fewer firefighters, fewer law enforcement officers and longer waits at emergency rooms -- or higher local taxes and fees. THE SOLUTION =PROPOSITION 1A HISTORIC AGREEMENT TO PROTECT LOCAL TAXPAYERS AND VITAL LOCAL SERVICES Prop 1A is a historic bipartisan agreement between Governor Arnold Schwarzenegger, local governments, legislators, public safety officials, healthcare advocates, taxpayers and community leaders. Prop 1A prevents the State Legislature from taking and using local government funds. Prop 1A would keep more of our local tax dollars local and would protect funding for vital local services like fire and paramedic response, law enforcement, healthcare, parks, libraries, and transportation. What Proposition 1A Does: / Restricts the State Legislature's ability to raid local government fund, including local government share of existing sales taxes, property taxes and VLF revenues. / Protects funding for local services like fire and paramedic response, law enforcement, emergency and trauma care, parks, roads, libraries, transportation and more. / Requires the State to provide funding for any program or service the State forces local governments to provide. If the State fails to provide funding, Legislature must suspend these state-mandates. / Provides flexibility in a state budget emergency. Prop 1A allows the State to borrow local government revenues if funds are needed in fiscal emergency to support schools or other state programs. What Proposition 1A DOES NOT Do: O Does not raise taxes. Prop 1A helps ensure local governments don't have to raise taxes orfees in the future to make up for revenues raided by the State Legislature. O Does not reduce funding for schools or any other state programs or services. O Does not increase funding to local governments. O Does not prevent the state from borrowing local funds in times of fiscal emergency, or shut the door to future reforms of the state-local fiscal relationship. Proposition 1A Replaces Need for Prop 65. A coalition of local government officials placed Proposition 65 on the ballot earlier this year to stop the State from taking local government funding. HOWEVER, that was before passage of the historic bipartisan agreement that put Prop 1A on the ballot. Prop 1A is a better, more flexible approach to protecting local services and local tax dollars. That's why ALL the official proponents of Prop 65 are now supporting Proposition 1A and oooosino Proposition 65. Paid for By Yes on lA Californians to Protect Local Taxpayers and Public Safety, Sponsored by a coalition of local government organizations, League of California Cities (non-public funds account), California State Association of Counties (non-public funds account) and the California Special Districts Association (non-public funds account). 1121 L Street, #803 • Sacramento, CA 95814 • Phone (800) 827-9086 • www YesonProolA corn 7/27/2004 PROPOSED LOCAL GOVERNMENT AGREEMENT COMPROMISE r,,..e.,« ~ ~,., Agreement VLF Rate Currently at 2% Reduced to 0.65% statutorily and property tax backfill rovided between 0.65% and 2% Backfill if VLF None Backfll provided if rate reduced below 0.65% Reduced Increases in VLF Set at 2% in statute. Can Capped at 2% statutorily. Constitutionally Rate only be used for city or guarantees 0.65% for cities and counties. count u oses. VLF Gap Loan Statutorily required in 2006- Statutorily required in 2006-07. No future property Re a ment 07. tax loan/sus ension if un aid. Agencies Protected None. Legislature may City, county, special district. No further protections reallocate at will to ERAF for RDA beyond existing provisions of Art. 16, Sec. and amon a encies. 16 of state constitution. Reallocation Legislature can reallocate Local share (non-school/ERAF) may be reallocated Among Local by simple majority vote, by 213 vote to other local gouts. In a county. Agencies including to ERAF or other Legislature may not reallocate to increase school or state fund. ERAF share. Reallocation of property tax may not be done to su ort state-mandated rams. Suspension None. May take Beginning in 2008-09, if Governor proclaims " Tri er ermanentl at will. "si nificant state fiscal hardshi . Suspension Vote Simple majority to take 2/3rds vote -separate bill providing for repayment. Needed permanently-no re a ment. Suspension Limits None. May take --No more than 2 times in 10 years. permanently atwill. --No loan until VLF Gap loan and previous suspension loan paid. -Cap of 8% of local share of property taxes ($1.3 billion toda . Repayment terms No provision for repayment. Legislature must pass a statute to fully repay loan with interest (as provided by law) within three fiscal ears. Protection None. Legislature may Protects the rate and method of distribution of the reduce rate or change local Bradley-Burns sales tax and Transactions and method of distribution. Prop. Use Tax. Guarantees payment of property tax 57 triple flip Y4 cent sales tax backfill for Prop. 57 sales tax Y< cent suspension. not protected. Also guarantees return of Y<cent Bradley Bums sales tax when Pro 57 bonds retired. Reallocation May be allowed. Law None. unclear. None Statute imposing mandate is suspended if no state Scope-- Consequence of funding except for specified employee rights and Nonpayment benefits. Applies only to city, county, special district mandates. Mandate Definition Clarifies mandate definition to include cost shifts from the state to locals. Legislature may approve a statutory framework for volunta exchan es of ro tax and sales tax. L E AG U E 1400 K Street, Suite 400 • Sacramento, California 95814 OF CALIFORNIA Phone: 916.658.8200 Fax: 916.658.8240 CITIES r+'~'N' caciues.arg Proposition 1A - "Protection of Local Government Revenues": COflStltUtlOf181 PrOteCtlOn for Local Government Revenues Questions and Answers Senate Constitutional Amendment No. 4 (SCA 4) enacts substantial reforms to the legislature's ability to raid the local government shares of the property tax, sales tax and vehicle license fee to pay for state programs. It will appear on the November 2, 2004, general election ballot as Proposition 1A and be entitled "Protection of Local Government Revenues'. This document contains key questions and answers about this important ballot measure, which is strongly supported by the League of California Cities. PROPERTY TAX Background: Proposition 13 reduced the property tax rate to $1.00 per $100 of assessed valuation countywide. This single rate replaced the multiple property tax rates imposed by local governments prior to Proposition 13. The revenue from the $1.00 rate is shared in each county by the county, the cities, the special districts, and the schools. Each jurisdiction's share of the $1.00 rate was based originally upon the property tax rates in effect prior to Proposition 13. The shares have been modified over the years by the Legislature. 1. What's the basic protection for the property tax in Proposition 1A? Proposition 1A will end the practice of state raids on local property tax, by allowing only two loans within a 10 year period -and those may occur only if the state meets certain criteria. Specifically, Prop. 1A prevents the Legislature from reducing the combined property tax shares of cities, special districts, and the county, except to borrow the funds on a temporary basis to address a "severe state fiscal hardship". If, for example, on November 3, 2004, the property tax shares of cities, special districts, and the county of the hypothetical "California County' equaled 60% of property taxes collected in that county, the Legislature cannot pass a law that reduces the percentage below 60% except to respond to a significant state fiscal problem. Additional restrictions are: 8/4/2004 • The 2003 VLF GAP Loan must be repaid before borrowing could occur; • The loan could only occur twice within a 10 year period; • The loan ("the total amount of revenue losses") must be repaid with interest within 3 years, and prior loans must be repaid before borrowing could occur a second time within 10 years; • The amount of the loan is limited to no more than 8% of the total amount of property tax allocated to cities, counties, and special districts in the previous fiscal year; and The reduction could only occur with a 2/3 vote of the Legislature. 2. Can the Legislature continue to reallocate property taxes on the local level? Yes, but with a significant new restriction on that ability. Since the passage of Proposition 13, the Legislature has had the power to reallocate property taxes among local governments, but its major experience with this over the last 25 years has been to allocate city, county and special district shares of the property tax to schools through ERAF and reduce state general fund support for schools. Proposition 1A would prevent future allocations of local government shares to schools (except on a temporary basis, when the funds may be borrowed, as explained in questions 1 and 4). However, the state retains the authority to transfer property taxes among cities, counties, and special districts with a 2/3 vote of the Legislature. Under current law, the state can make this type of transfer with a majority vote of the Legislature. 3. Could the state reallocate property taxes in order to fund a state mandate? No. The amendments to Section 6 of Article XIII B of the state constitution specify that, "Ad valorem property tax revenues shall not be used to reimburse local government for the costs of a new program or higher level of services." 4. Does Proposition 1A allow the state flexibility to respond to a significant state fiscal problem? Yes, by allowing the state to borrow local property tax if it first meets the criteria identified in Question #1. Beginning in the 2008-2009 fiscal year, if the state has already paid cities and counties the amount owed from the 2003-04 VLF Gap Loan (est. $1.22 billion), the governor may issue a proclamation that declares that there is a "severe state fiscal hardship" that requires the state to temporarily suspend Proposition 1 A's basic protection for the property tax. Next, the Legislature must first adopt a statute with a 2/3 vote that contains a suspension of the basic protection for that fiscal year only. Then it must adopt a separate statute that requires the state to repay cities, counties, and special districts the total amount of property tax loss caused by the suspension within three years. 8/4/2004 2 5. What will suspension of the property tax protection in Proposition 1A allow the state to do? During the one-year period of a suspension, the state can take property taxes from cities, counties, and/or special districts ("local agencies") and transfer them to the schools or to some other agency that operates within the county in which the property taxes were generated. This transfer will reduce the protected property tax percentage. However, the reduction may not result in a property tax loss that exceeds 8 percent of the total amount of property tax allocated to cities, counties, and special districts in the previous fiscal year. Currently this percentage is the equivalent of roughly $1.3 billion. 6. When will local agencies be repaid if property tax is taken during a suspension period? No later than the end of the third fiscal year following the fiscal year to which the reduction applies. If the reduction applies in the 2010-11 fiscal year, then repayment must occur no later than June 30 of 2014. Repayment will be for the "total amount of revenue losses' including interest. 7. Can the Legislature suspend the Proposition 1A protection each time there is a "severe state fiscal hardship?" No. Suspension of the protection may only occur twice in a ten year period; and only if the VLF Gap Loan amount has been repaid; and if only any prior suspension of property tax has been repaid with interest. 8. Why was the redevelopment property tax increment not explicitly protected in the final version of SCA 4? It was the opinion of key legislators and legislative staff that Article 16, Section 16 of the state constitution, already protects the redevelopment property tax increment. Further, the Governor insisted on the inclusion of language in the ballot arguments for Proposition 1A that declares that the redevelopment increment is already protected by the state constitution. SALES TAX Background: The sales and use tax laws allow cities and counties to impose the basic 1 % sales tax as well as a variety of other use taxes such as taxes for transit, jails, open space, etc. The basic 1% rate is distributed back to the jurisdiction in which it was collected. Both cities and counties may increase the sales and use tax by one-quarter cent for general governmental purposes with a majority vote. Last year the Legislature 8/4/2004 suspended one-quarter cent of the basic 1 % sales tax until the state's fiscal recovery bonds are repaid. 1. What's the basic protection for the sales and use tax in Proposition 1A? Proposition 1A prevents the state from borrowing or taking local sales and use taxes. While the measure allows the state to borrow local property shares after meeting specific criteria, Prop. 1A does not allow the state to reduce the current funding that local governments receive from sales and use tax or require that sales tax revenues be distributed based upon population rather than the location or in any other way restrict a city or county from imposing sales and use taxes in accordance with existing law. 2. What about the current suspension of one-quarter cent of the sales tax occurring as a result of the passage of Proposition 57? Does Proposition 1A require the suspension to end when the fiscal recovery bonds are repaid? Yes. Proposition 1A prevents the state from extending the period during which the one-quarter cent is suspended; from failing to pay the property tax backfill during the period of suspension; and from failing to restore the full sales tax rate when the bonds are repaid. 3. Can the state take any action that affects the sales and use tax? Yes. It gives the Legislature the authority to authorize two or more local agencies within a county to exchange property tax and sales tax but only if the governing bodies of each of those agencies approves alocally-negotiated exchange agreement. Voter approval is not required to make the exchange. Additionally, the Legislature can change how sales tax is distributed if the change is required by federal law or to participate in an interstate agreement that addresses payment of sales tax for Internet purchases. VEHICLE LICENSE FEE Background: The constitution currently guarantees all VLF revenue to cities and counties. No particular amount of revenue is guaranteed, however, because the amount depends upon the VLF rate that is set by the Legislature. The current VLF rate is 2%. Over the past several years, the Legislature has reduced the portion of the 2% rate paid by the taxpayer and made up the difference to cities and counties through a backfill of state general funds. During this fiscal year, cities and counties have not received a backfill of state general funds even though the taxpayer is paying only 1/3 of the 2% rate (0.65%). Under Proposition 1A, cities and 8/4/2004 4 counties will receive these funds in the form of increased allocations of the property tax beginning in this fiscal year. 1. What is the basic protection for the VLF in Proposition 1A? Proposition 1A provides constitutionally guaranteed VLF revenue to cities and counties at the rate of 0.65% of the value of a vehicle. The Legislature will decide how much of the revenue pays for realignment programs and how much is distributed for general purpose local government programs. This is a significant change for cities and counties, because currently the constitution does not guarantee VLF revenues to cities and counties at any specific rate. 2. What happens if the Legislature lowers the rate below 0.65%? Proposition 1A requires the Legislature to enact a law that provides for an allocation to cities and counties equal to the difference between the revenues received from 0.65% rate and the lower rate. 3. What will cities receive in place of the 2004-05 states General Fund VLF backfill? Beginning in the 04-05 fiscal year, and continuing each year thereafter, cities and counties will receive property tax, instead of VLF backfill from the state general fund, in an amount equal to the difference between revenues that would be received from the VLF if at the 2% rate and the revenue received from the VLF at the 0.65% rate. The additional property tax will be distributed by reducing each local agency's contribution to ERAF. The first receipt of this additio taxpThe rty tax will occur in the January distribution of the FY 2004-05 property amounts received in subsequent years will increase at rates corresponding to the rate of increase in local property tax within a county. The entitlement to backfill is protections as other partsnof thel property tax (seer Property Tax stection). e MANDATE REFORM Background: The Constitution requires the state to reimburse local governments for state-mandated programs. The Legislature has sometimes "suspended" the mandate, rather than reimbursing local governments. There are a group of mandates that the state has determined require reimbursement for which the Legislature has never reimbursed local governments. Finally, the Legislature has not reimbursed local governments when it transfers additional responsibility for a state program or service to local governments when the local government already had partial responsibility for that program or service. 8/4/2004 1. Does Proposition 1A strengthen the requirement to reimburse cities, counties and special districts for the costs of state-mandated programs and services? Yes. Beginning in 2005-06, in each fiscal year's budget, the Legislature must either appropriate sufficient fund to reimburse local governments for their costs of complying with a mandate or suspend the operation of the mandate for that fiscal year. 2. Does the "fund or suspend" requirement apply to all mandates? No. There are two exceptions. The first is for employee and employee organization related mandates. The second is for costs incurred prior to the 2004-05 fiscal year that have not been paid prior to the 2005-06 fiscal year. These costs may be paid over afive-year period beginning in 2005-06. The five- yearperiod is established in statute, not in the Constitution. 3. What happens when the state transfers additional responsibility for a program or a service that the local government already had some responsibility for? Proposition to defines "mandate" to include a transfer of additional responsibility for a state program or service. 8/4/2004 6 Proposition 1A -- KEY TALKING POINTS Prop 1A will Protect Local Public Safety, Healthcare and other Services, by Preventing the State Legislature from Taking Local Government Funds. Proposition 1A is a historic, bipartisan agreement that will prevent the state legislature from taking local government funds to pay for state responsibilities. Prop 1 A will help protect funding for essential local services like fire and paramedic response, law enforcement, emergency and trauma care, parks, roads, libraries, transportation and more. Proposition 1A is needed NOW. For more than a dozen years, the state legislature has been taking local tax dollars that local governments use to provide vital services. The State has taken more than $40 billion from cities, counties and special districts in the last 12 years. If these funding raids continue, it could mean fewer firefighters, fewer law enforcement officers and longer waits at emergency rooms -- or higher local taxes and fees. Prop 1A Provides Flexibility In A State Budget Emergency Prop 1 A was carefully written to allow flexibility. It allows the State to borrow local government revenues -only in the event of a fiscal emergency - if funds are needed to support schools or other state programs. Prop 1A Protects Local Taxpayers and Won't Raise Taxes. Prop 1A will not raise taxes. It simply ensures that existing local tax dollars continue to be dedicated to local services. It also helps ensure local governments arenY forced to raise taxes or fees to make up for revenues raided by the State. Prop 1A will also restore predictability to local budgets, and force greater accountability to State AND local budgeting. Local governments can plan for current and future local needs, with greater certainty that local resources will stay local. State legislators must budget without raiding local funds. Broad, Bipartisan Support. safety officials, (heal hcarte eaders,~businesshand labo9 eade~sataxpayerseDelmoceatic and c Republican leaders. Prop 1A is A Better Approach That Replaces the Need for Proposition 65. Prop 65 was put on the ballot earlier this year before this historic agreement was reached. Prop 1A is a better, more flexible approach with broad, bipartisan support of legislators and Governor Schwarzenegger. All of the official proponents of Prop 65 are now supporting Prop 1A and opposing Prop 65. Protect Local Taxpayers. Protect Local Public Safety Services. Yes on Proposition 1A. PROTECTLRCALiANPAYERS Support Proposition 1A! I www.YesonProp1A.com ^ I/We support Proposition 1A, a historic measure on the November ballot that will keep more of our local tax dollars local and will protect funding for vital local services like fire and paramedic response, law enforcement, healthcare, parks, libraries and transportation. Prop. 1A will stop the State Legislature from taking and using local government funds and will protect local taxpayers and our essential local services. (ey returning this form you are authorizing the campaign to list you /your organization as an official supporter of Prop 1A in campaign materials). Please select a category: ^ Organization ^ Company ^ Individual Please complete the following information: Company or Organization Name/Employer Name Title/Occupation Mailing address City Phone number Signature (Requ State ZiP County E-mail Address (Personal a-mail preferred for Gov't employees) Q Please E-mail me updates Please fax this completed form to: (916) 442-3510 Or mail to: 1121 L Street, Suite 803 Sacramento, CA 95814 For more information, please call (918) 443-0872. Paid for By Yes on 1A Californians to Protect Local Taxpayers and Public Safety, Sponsored by a coalition of local government organizations, League of California Cities (non-public funds account), California State Association of Counties(non-publ21fisa easu~esos SarameCo,ICAr95814PPhonleD(800)82S986CFaxl~(916)442-p351QIICfUndsa000Unt) RESOLUTION 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING PROPOSITION lA WHEREAS, state government currently seizes more than $5.2 billion annually in local property tax funds statewide from cities, counties and special districts, costing local governments more than $40 billion in lost revenues over the past 12 years; and WHEREAS, these ongoing shifts and raids by the state of local property tax funds and other funding dedicated to local governments have seriously reduced resources available for local fire and paramedic response, law enforcement, public health and emergency medical care, roads, parks, libraries, transportation and other essential local services; and WHEREAS, these funding raids also add pressure for local governments to increase fees and taxes to maintain basic local service levels; and WHEREAS, this drain of local resources has continued even during periods when the state's budget has been overflowing with surpluses; and WHEREAS, Proposition lA is a historic measure that will appear on the November 2004 statewide ballot that would limit the State's ability to take and use local government funding; and WHEREAS, by protecting local government funding, Prop lA would protect local public safety, healthcare and other essential local services; and WHEREAS, Prop lA will not raise taxes and, in fact, will help reduce pressure for local fee and tax increases by limiting state raids of local government funding; and WHEREAS, Prop lA does not reduce funding for schools or any other state program or service, and Prop lA was carefully written to allow flexibility in the event of a state budget emergency; and WHEREAS, Prop lA is supported by a bipartisan, diverse coalition including Governor Schwarzenegger, Democrat and Republican legislative leaders, local government officials, public safety representatives, healthcare, business, labor and community leaders. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that we hereby express strong support for Proposition lA, the statewide ballot initiative that will prevent the state from further taking local government revenues. RESOLVED FURTHER, that we will send a copy of this resolution to Yes on lA -Californians to Protect Local Taxpayers and Public Safety. Fax: 916-442-3510 or 1121 L Street, #803, Sacramento, CA 95814 PASSED AND ADOPTED by the Saratoga City Council, State of California, this 15th day of September, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Ann Waltonsmith, Mayor Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 AGENDA ITEM: _ ORIGINATING DI,PT~-City Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: Resolution Supporting Measure H RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: zw G/ G/ ~L The Friends of the West Valley-Mission Community College District (WVMCCD) requests that the Saratoga City Council adopt the attached resolution supporting Measure H (Renovate and Repair Bond Measure). FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Send certified copies of the resolution to WVMCCD. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Letter of request Attachment B -Resolution FRIENDS OF WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT YES ON MEASURE H 300 First Street, #340 Dan Jose, 95113 FPPC# 1267308 September 10, 2004 Dave Anderson City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Anderson: The Friends of the West Valley-Mission Community College District (WVMCCD) respectfully requests that the Saratoga City Council place on the next City Council agenda a resolution supporting Measure H, the WVMCCD Renovate and Repair Bond Measure. A suggested resolution is attached. Residents of the city of Saratoga would benefit from the passage of Measure H since it would fund health and safety needs, expand classrooms, update laboratories and improve the infrastructure of the West Valley College campus. As the resolution states, our neighboring Community College Districts have all passed several bond measures while Saratoga residents have never had to pay for a community college bond. The last time we attempted a bond measure two years ago, the voters said the amount was too large and they did not want to fund a stadium. We listened and lowered our bond request to $235 million and reached an agreement with the City and the Homeowners Association that we will not make any improvements to the football/ track and field stadium for at least 30 years. Please let me know if the City Council would like to see a list of our badly needed repairs and renovations to many buildings that have not been updated in 35 years. A representative from Friends of the West Valley-Mission Community College District would be pleased to attend your next city council meeting to speak briefly on Measure H and answer any questions that may arise. We are hopeful that you will pass a resolution. Sincerely, Stan Arterberry Cc: Ann Waltonsmith, Mayor Enclosures: Sample resolution RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING MEASURE H WHEREAS, the West Valley-Mission Community College District (WVMCCD) includes all of the City of Saratoga; and WHEREAS, many residents of Sazatoga have attended and continue to attend West Valley College and Mission College; and WHEREAS, WVMCCD provides truly excellent academic educational opportunities as well as awealth ofstate-of--the-art vocational job training programs and a broad range of community education courses for seniors, youth and other special populations in our community; and WHEREAS, the California community college system is the largest system of higher education in the world; and WHEREAS, the Califomia community college system is funded lowest of all 50 states; and WHEREAS, California's community colleges have historically been dramatically underfunded compared to the UC and CSU systems; and WHEREAS, WVMCCD has never passed a bond issue while every other community college district in the South Bay has passed one or two bond issues in recent years; and WHEREAS, WVMCCD has aging and deteriorating infrastrncture, 35 year old portable buildings that exceeded their life expectancy 25 years ago, leaking classroom ceilings and bathrooms and a variety of other capital improvement and infrastructure repair needs that cannot be financed from the WVMCCD operating budget; and WHEREAS, the WVMCCD Governing Boazd has placed a $235 million dollar bond issue on the November ballot; and WHEREAS, this bond measure, Measure H, is financially conservative and prudent, representing the District's highest priority academic needs and totaling less than one half of all projects recommended to the Board for bond funds. THEREFORE BE IT RESOLVED, that the Saratoga City Council does support, endorse and recommend the passage of Measure H, the WVMCCD bond measure, on the November ballot. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the I5`h day of September, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Ann Waltonsmith, Mayor Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 ORIGINATING DEPT: City Manager DA ITEM: AGEN CITY MANAGER: ~G~-'~--- PREPARED BY: Asst City Manager Lorie Tinfow DEPT HEA 1 ~ SUBJECT: Santa Clara County Sheriffs 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 contracted with Santa Clara County for law enforcement services for many years. Recent substantial cost increases associated with salary and pensions for public safety employees resulted in discussions with the Sheriff's Office about our relationship and produced this new contract. In addition, the Sheriffs Westside Station has been identified as incompatible with staff and community needs, and out of compliance with the Americans with Disabilities Act. Work has been underway to identify new location options and the County Board of Supervisors will consider a lease agreement (already signed by County staff and property owner) for a new site on Saratoga-Sunnyvale Road at their meeting next week. The attached contract reflects the terms of that lease. City Advantages of New Contract - Cost controls have been put in place to provide some degree of predictability. Service and funding levels adopted as part of the City's 2004-OS budget represent the base year. Specific controls follow: • Salary and benefit increases exclusive of PERS are tied to either actual increases or CPI/W plus 2% whichever is smaller. The County has reviewed CPI data for the past 20 years in order to calculate the outcome of this salary and benefit cap-the average has been 5.4% annually. They are confident that the formula will produce increases that will meet service level needs. Rent increases are capped at 3% per year. The Sheriff s Office expects to move m November 2004 and our annual costs will be prorated to reflect the rent on the new location. Rent increases will be assessed next in November 2005. Controllable operating cost increases are capped at 5% per year. Examples are landscaping, janitorial services, capital improvements, property management fees, etc. - The Sheriff has offered to absorb the moving costs without contribution by the contract cities. - The Sheriff s Office will treat Saratoga as any other mutual aid city and provide special services (i.e., SWAT, helicopter time, etc.) as needed, at no additional cost. - The County will front the tenant improvement costs and prorate the amount plus 3% interest for City payback over the 10-year contract term. A maximum of $250,000 has been allocated; actual costs maybe less. Only the actual amount used (plus interest) will be passed on to Cities. - The County cannot unilaterally change service levels. The service Saratoga has today becomes the base service level. City Disadvantages of New Contract - Some costs do not have caps; specifics follow: PERS pension increases will reflect the City's proportion of actual increases sustained by the Sheriff's Office. If the County negotiates a more expensive pension plan with employee groups, costs will be affected. However, the County has not lead such efforts and is unlikely to increase pension benefits until and unless the surrounding cities do so first. The City will have time to assess the trend and determine any needed actions. ^ Insurance, tax and utilities increases over the life of the contract are limited to actual increases but are not capped. At the September 1 meeting, Council expressed concerns that a possible future sale of the property would result in a huge increase in property tax. Those concerns proved very timely. Subsequent to the last report, City staff learned from Sheriff s Office staff that the property is in escrow now and is set to close at the end of September. However, the property was assessed recently so the difference between tax bills before and after the sale would be nominal. Further, staff understands that the purchase price is equal to or less than the assessed price. The purchaser is a well-known commercial property owner who has been in business since 1946 and has a history of buying and holding onto properties. Both the current 2 of 3 and future property owners have been involved in negotiating the lease with the County and have agreed to its terms as part of the sale. - The term of the agreement is 10 years with a possible extension of an additional 5 years. The City or the County can terminate the agreement at any time with 180 days notice. However, should a future City Council decide to terminate the contract, the City will be responsible for all costs associated with the property lease, i.e., tenant improvements and rent for the full period. The City could and probably would negotiate less onerous withdrawal terms but under this contract, we would be responsible for the full amount. A copy of the final agreement is attached. Staff received a copy of the lease between the County and property owner on Wednesday, September 8, and will review prior to the Council meeting. FISCAL IMPACTS: Approval of this agreement would provide a standazdized mechanism to calculate contract increases each year and reduce the possibility of a lazge unexpected financial impact to the City's budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): There would be no agreement among the parties. ALTERNATIVE ACTION(S): Direct staff to meet with the Sheriff to pursue alternative terms of agreement, or to prepare and issue a Request for Proposal for law enforcement services. FOLLOW UP ACTION(S): The City Manager will sign and execute the agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Sheriff s Office is aware that Council will consider this matter at the September 15, 2004, meeting. ATTACHMENTS: Copy of the Law Enforcement Contract. 3 of 3 LAW ENFORCEMENT CONTRACT THIS IS AN AGREEMENT between the County of Santa Clara, State of California, 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 may be 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 crime prevention patrols, and other law enforcement services that are acceptable of being scheduled and within the capability of the Sheriff to provide. The plan of patrol, the hours of coverage and other similar details shall be determined, insofar as it is possible to do so, by the mutual consent of the Sheriff and the City Manager of City. The level of requested supplemental services shall be determined by mutual written agreement between the County and the City prior to the beginning of the fiscal year. The agreed upon level of supplemental service shall remain constant in the fiscal year, except upon sixty (60) days written notice by either party. City may, at any time during the term of this contract, request supplemental services from the Sheriff for a specific period within any fiscal year. Said Agreement for Supplemental Services shall be an addendum to this agreement and shall provide for the type, cost, level and time of such services. 4. Regional assets shall provide services to City on the same basis as these regional asset services aze provided to other law enforcement agencies as provided in mutual aid protocol. C. Supplemental Reserve Services These services aze provided by reserve deputy sheriffs. Their primary responsibility is the transportation of arrestees from the arrest location to the appropriate jail facility, and additional services as requested by City and approved by the Sheriff s Office. D. Plan for Service Prior to April of each contract year City shall provide to the Sheriff a written statement of the level of law enforcement service to be provided during the coming contract year. If City fails to request a specific level of service of the coming fiscal yeaz not less than thirty (30) days prior to the start of the fiscal yeaz, County may provide the same level of service as was provided during the previous fiscal year, but for a period of time not to exceed 30 days. 2. In April of each contract year, City and Sheriff shall develop a plan which specifies the level and amount of services to be provided in the ensuing fiscal year. E. Assignment and Transfer Policy Sheriffs deputies assigned to provide Law Enforcement Services and Supplemental Services as herein described shall be assigned to City for a period of not less than three 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. 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 may be the nearest patrol unit or able bodied officer available. 3. A predesignated Sheriffs 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 ageement. 3 I. Communication Services The County shall, through its Communication Department, provide for emergency communication services in support of the Sheriffs department and City's operations. Services will include 24 hour per day 9-1-1 telephone answering and radio dispatching of Sheriff s personnel. Services will be provided in accordance with the existing departmental operational procedures. II. COMPENSATION A. Compensation for Law enforcement Services Provided by Sheriff 1. The City shall compensate the County utilizing the 2004-OS base rate established for general law enforcement and county communications (hereinafter "law enforcement") shown in Exhibit A. The parties agree that the annual increase to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation (exclusive of PERS) provided to all patrol deputies of the Sheriffs department as set forth in a calculation formula agreed and attached hereto as "Exhibit B" and incorporated herein by reference, or the February to Februazy Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners (hereinafter "CPUW") plus 2%, whichever is less. In addition, the City agrees to absorb its pro-rata shaze of the percentage increase in actual County PERS costs, adjusted by PERS for averaging. For PERS contributions due in one yeaz and deferred to future years under this averaging formula, the PERS amount deferred shall accrue interest until paid at the rate of 8.25% (same rate charged by PERS to the County). These contractual costs maybe adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. 2. If, during the course of a fiscal year, it appeazs that the Sheriff will exceed the planned level of service, City or Sheriff shall as soon as possible notify the other party and propose amendments or modifications to the plan of services for the balance of the fiscal year. City or Sheriff shall review any such proposed modifications but is not obligated to approve them. If City does not approve them, the Sheriff is not obligated to provide such services over and above the level of services provided in the plan. City is not obligated to pay for services in an amount greater than the total that has been approved in the plan. The County agrees that it will not unilaterally reduce the level of law enforcement services without prior consultation with the City. 3. In those years during which a contract is to be negotiated between the County of Santa Clara and the Deputy Sheriffs Association, and has not been settled for the purpose of computing increases in this agreement, the county shall utilize the CPUW plus 2% for computation of said increases plus any additional PERS contribution increases. County will subsequently notify City of any increases in rates resulting from the new 4 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 yeaz will be adjusted accordingly with the decrease retroactive to July 1 of that contract yeaz. 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 chazge 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. SupplementaUReserve 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 aone-person Sheriffs 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 Sheriffs 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 Sheriffs Vehicle. e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator's time. 5 2. City shall compensate County monthly for each hour of Supplemental Service at the rates described above and specified in Exhibit A. C. Operating Costs of Westside Substation 1. City and County shall share the costs of operating the Westside Substation as follows: a. The City's shaze of the operating cost will be based upon the lease agreement between the County and Limar Realty Group dated August 30, 2004. City shall be responsible for its pro-rata share of any increase in operating expenses and real estate taxes allocated to the building to the extent that such expenses exceed costs incurred in the 2004 Base Year. Yeazly increases in controllable operating costs (other than insurance, taxes and utilities) shall be capped at 3%. These operating costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. b. City shall pay to County monthly that portion of the substation operating costs attributable to City. Any change to the location of the substation, or the cost of the facility over and above the contract language as set forth in II.C.I.a., shall be mutually agreed to by the parties to this agreement. c. For the purposes of this provision of the Agreement (1) "Operating Costs" are defined as the cost of rent, janitorial services, minor repairs, and utilities and all other costs the County is required to pay under the lease agreement for the substation. d. Pro-rata share to City for substation costs will not be changed during the term of this agreement due to the loss of any contracting city unless mutually agreed to by the remaining parties to the agreement. D. Compensation for Criminal Justice Administrative Services The criminal justice administrative fee is based upon an approved Ordinance No. NS - 300.470. E. Method of payment for all Services Compensation for all services shall be paid by City to County in the following manner: 1. The City shall pay to County an amount equal to one-twelfth of the annual projected budget amount. First payment is due on the tenth day following the last day of each month of the contract year. 6 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 year, 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 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. 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 yeaz, County shall provide to City the COPANA report for the entire contract year. 4. Special additional reports requested by City may be provided at cost. IV. HOLD HARMLESS CLAUSE A. The County shall indemnify, defend, and hold harmless the City, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the County and its employees set forth in this agreement. B. The City shall indemnify, defend, and hold harmless the County, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the City and its employees set forth in this agreement. C. This mutual indemnification agreement is adopted pursuant to government code section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government code section 895.6. V. INSURANCE AND LIABILITY County and City shall each maintain its own liability insurance coverage, through self-insurance or otherwise, against any claim of civil liability arising out of the performance of this agreement. VI. TERM OF AGREEMENT This agreement shall become effective on July 1, 2004, and may be terminated without cause by County or City upon the giving of one hundred and eighty (180) days written notice of such termination to the other party. In the absence of such notice of termination, this agreement shall be effective for a term of one hundred and twenty (120) months until July 1, 2014, subject to any modifications which are made in accordance with the terms and conditions of this agreement. If City elects to terminate this Agreement prior to the expiration of the ten-year term, the City shall nonetheless pay the full amount of its pro-rata share remaining on County tenant improvements, moving costs and remaining lease commitments for the Westside substation. At the expiration of this ten (10) yeaz contract, this contract may be renewed for an additional five (5) year period upon written notice of renewal by City and the County to the other parties at least one hundred eighty (180) days prior to the expiration of this contract. COUNTY OF SANTA CLARA Date: By: James T. Beall, Jr., Chair, Board of Supervisors 8 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 Richazd Taylor, City Attorney (Date) Law Enforcement Contract Exhibit B Compensation for Services To calculate the annual projected budget increase to this contract, the following shall apply: ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION: 1. Total compensation refers to the amount Santa Clara County Sheriff Department provides for total compensation (salary and benefits) at top step fora 40-hour patrol deputy. 2. At the subsequent July 1, the new total compensation amount (exclusive of PERS) will be divided by the total compensation effective on the prior July 1 (exclusive of PERS), to derive a percentage change in total compensation. The annual projected budget increase in contract costs shall be computed as follows Fiscal Year 2004-05: Base Year 2004-OS costs = costs as shown in Exhibit A to this Agreement. Fiscal Years 2005-06 through 2014-15: Preceding Base Year Costs X Lesser of Percentage change in total compensation or CPUW plus 2% (For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPUW plus 2% for each individual year.) Plus Percentage Change (Increase/Decrease) in Actual County PERS Costs EXHIBIT A PROPOSED COSTS FISCAL YEAR 2004-2005 LOS ALTOS UNINCORP. RATES CUPERTINO HILLS SARATOGA CITIES GENERAL LAW ENFORCEMENT Proposed Hours -Activity Proposed Hours -Patrol 900 Codes (10% of Above Hours) Total Hours Proj Costs FY 2004-2005 @ $117.04 SUPPLEMENTAL PATROL-DAYS: Proposed Hours Proj Costs FY 2004-2005 @ $115.51 Cupertino @ $115.11 SUPPLEMENTAL PATROL-NIGHTS: Proposed Hours Proj Costs FY 2004-2005 @ $117.55 Cupertino @ $117.15 INVESTIGATIVE HOURS: Proposed Hours Detective Investigation: Average of last 6 yrs (Cup.& Sar.) Proj Costs FY 2004-2005 @ $109.73 6,786.7 4,438.7 1,122.5 34,598.0 5,321.0 19,014.0 12,347.9 $4,049,350 $622,770 $2,225,399 $1,445,198 7,200.0 43.0 3,831.9 0.0 $4,967 $442,623 $0 $828,792 2,080.0 0.0 2,000.0 0.0 $0 $235,100 $0 $243,672 6,830.0 566.0 2,200.0 6,183.7 306.8 1,808.8 0.0 $749,456 $62,107 $241,406 $0 A - 1 8/19/2004 EXHIBIT A PROPOSED COSTS FISCAL YEAR 2004-2005 LOS ALTOS UNINCORP. RATES CUPERTINO HILLS SARATOGA CITIES RESERVES ACTIVITY HOURS: Proposed Hours 1,650.0 22.0 340.0 200.0 Proj Costs FY 2004-2005 @ $34.19 $56,414 $752 $11,625 $6,838 OPERATING COSTS OF WEST VALLEY SUBSTATION: Est. Costs FY 2003-2004 Hours 86,436 Percentage Proj Costs July -Oct 2004 @ $106,560 Proj Costs Nov 04 -June OS @ $327,795 Total Proj Costs of Substation SUBTOTAL COSTS: Proj Costs FY 2004-2005 878 43 5,364 24,846 12,348 , 50.7636% 6.2057% 28.7450% 14.2857% 18,031 2,204 10,210 110,934 13,561 62,816 965 $128 $15,765 $73,026 $0 , 649 056 $6 $706,361 $3,229,179 $1,452,036 , , PROJECTED SPECIAL SERVICES 0 Projected Hours FY 2004-2005 1,803 0 0 Proj Costs-Cupertino Sergeant @ $74.64 $0 $50,112 Proj Casts-Saratoga DARE Officer $0 SCHOOLS RESOURCE OFFICER Proj Costs FY 2004-2005 @ $93.83 $147,875 $0 $130,478 $0 TOTAL SHERIFF LAW ENFORCEMENT COSTS Proj Costs FY 2004-2005 $6,204,524 $706,361 $3,409,769 $1,452,036 OTHER COSTS Proj Costs FY 2004-2005 $0 $0 $0 $0 A - 2 8/19/2004 EXHIBIT A PROPOSED COSTS FISCAL YEAR 2004-2005 LOS ALTOS UNIIJCORP. RATES CUPERTINO HILLS SARATOGA CITIES BOOKING FEES Proj Costs FY 2004-2005 TOTAL LAW ENFORCEMENT COSTS Proj Costs FY 2004-2005 TOTAL COSTS COMPARISON Proj Costs FY 2004-2005 $118,002 $3,418 $22,927 $0 $6,322,526 $709,779 $3,432,696 $1,452,036 CONTRACT UNINCORP. CITIES AREA $10,465,001 $1,452,036 A - 3 8/19/2004 SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 AGENDA ITEM: 5 ORIGINATING DEPT: Public Works iw PREPARED BY: Cary Bloomquist SUBJECT: Authorization to submit grant applicatious RECOMMENDED ACTION(S): Authorize Randall Funding and Development to submit grant application packets on behalf of the City of Saratoga, The Saratoga Historical Museum and Hakone Foundation. REPORT SUMMARY: Status of Authorized Grants: At their September 1, 2004 meeting, City Council authorized Randall Funding and Development to process grant applications as indicated in the table below: Grant Applicant: Local Match: Grant Source: Request Amount: Due date: 1. City of Saratoga 20% 2002 State of California To be 10/1/04 Bond Act (Prop 40) determined Rec. Trails Pro am 2. Saratoga 1 to 1 (Museum Office of the State $60,000 10/1/04 Historical Responsibility) Historian, Cal. Cultural Museum & Historic Endowment 3. Saratoga 1 to 1 (Museum Inst. Of Museum & $20,000 9/30/04 Historical Responsibility) Library Serv. Museum Museum Services Cons. ro'ecC Due to deadline requirements, completed application packets for these grants will not be available for approval at a regular City Council meeting as stipulated in the adopted grant writer utilization and guidance policies. Staff is requesting Council authorize Randall Funding and Development to proceed forward with the grant applications so they can be submitted by the September 30 and October 1, 2004 deadlines. Completed application packets will be distributed to Council as soon as they become available. CITY MANAGER: ~~~/ DEPT HEAD: New Grant Opportunities: Recently, staff received a request from the Hakone Foundation to apply for California Cultural & Historic Endowment grant funds utilizing the services of Randall Funding and development (attachment A). Staff consulted with the Ad Hoc Grant Review Committee, which granted permission to Randall Funding to begin writing the grant application. The due date for this grant is October 1, 2004. The present amount of funding requested is between $60-$75,000.00 dollars, with a 1 to 1 matching requirement, which Hakone will be responsible for providing. Staff has reviewed this documentation and has consulted with Susy Campos of Randall Funding and Development and with Lon Saavedra, the Executive Director & CEO of the Hakone Foundation, who is present this evening and available to respond to Council. Again, due to deadline requirements, a completed application packet for this will not be available for approval at a regular City Council meeting as stipulated in the grant writer utilization and guidance policies. Staff is requesting Council authorize Randall Funding and Development to proceed forward with the grant applications so they can be submitted by the October 1, 2004 deadline. A completed application packet will be distributed to Council as soon as it becomes available. FISCAL IMPACTS: None if grants not awarded. If the 2002 Bond Act Grant is awarded, City will need to fund a 20 percent local match and pay the 3% incentive fee. Hakone Foundation and Saratoga Historical Museum responsible for 1 to 1 local match requirements and to pay Randall Funding & Development the 3% incentive fee. 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-Hakone Foundation Information Page 1 of 1 ATTACHMENT A Cary Bloomquist From: Lssaavedra@aol.com Sent: Thursday, August 26, 2004 10:16 AM To: SusyC@RandallDevelopment.com Cc: Cary Bloomquist Subject: Fwd: FW: Draft outline for the Hakone Foundation re: Staff Report to the Ci... Susy, Thank you for your a-mail. We are looking for grants in two specific areas: 1) Horticultural restoration of historic Hakone Gardens which encompasses 18 acres of the oldest Japanese Estate Gardens in the Western Hemisphere. This would include the retention of at least two Japanese Garden experts from Japan to come to Hakone for a four month stay annually to help restore the botanical specimens at Hakone. 2) Unrestricted operating funds for Hakone Gardens. I realize that this form of funding is very difficult to raise philanthropic dollars for, however, because we are currently operating an 18 acre facility on a "bare bones" budget in order to build a viable operation, a multiyear "bridge funding" to assist Hakone in building a strong business model is critical at this Embryonic stage of development. Unlike other philanthropic historic projects, there is no other area to cut overhead costs' because of the enormous built-in costs in keeping an 18 acre facility functioning. Please feel free to call me at any time with any questions or need for elaboration. Gratefully yours, Lon Saavedra Executive Director & CEO The Hakone Foundation (C)650-400-3878 9/8/04 Page 1 of 3 Carv Bloomquist From: Susy Campos [SusyC@RandallDevelopment.com] Sent: Thursday, August 26, 2004 5:34 AM To: 'Issaavedra@aol.com' Subject: FW: Draft outline for the Hakone Foundation re: Staff Report to the Citiy Council Lon, Cary forward this information over to me. Can you tell me the name of the grant you are interested in pursuing? Thanks, Susy Campos Chief Operating Officer for Client Services Randall Funding & Development, Inc. Te I /Fax: 506 -85 5-442 8 Cel I: 506-851-5571 Toll Free Number: 866-972-6325 Head Office: 415-289-1420 E-mail: susyc@randalldevelopment.com www. ran dal (development. com ----Original Message----- From: Lssaavedra@aol.com [mailto:Lssaavedra@aol.com] Sent: Wednesday, August 25, 2004 9:37 AM To: Cary Bloomquist Cc: John Cherbone Subject: Draft outline for the Hakone Foundation re: Staff Report to the Citiy Council Cary: Thank you for providing me with the outline of your request for your staff report to the City Council next week. I am sorry that I have been traveling and currently have only have limited computer access. The following are the parameters for your request as outlined in your voice message: BACKGROUND: Hakone Gardens' 18 acres are the oldest Japanese Estate Gardens in the Western Hemisphere. Designed and built by the Emperor's Landscape Architect from Japan, before America's entry into World War I, Hakone has been described by the National Trust for Historic Preservation as "the only truly authentic Japanese Gardens in the United States." Throughout its nearly century of history, Hakone has survived a number of threats to its existence and the City of Saratoga recently leased the entire property to the Hakone Foundation to preserve, protect and enhance Hakone for future generations. Recently, Hakone was selected by the Japanese Government to host the historic 50th Anniversary 9/8/04 Page 2 of 3 Peace Treaty that ended World War II and just this year was the site of the 150th Anniversary Peace Treaty celebration, signed by Commodore Perry, which formally opened diplomatic relations between Japan and the United States. (Among the recent dignitaries hosted by the Hakone Foundation have been the 35th Prime Minister of Japan, the honorable Morhito Hosakawa, the most recent Ambassadors of Japan to the United States, and all three of the last Council Generals of Japan. Hakone was also selected by the National Trust for Historic Preservation to be one of only 12 sites in the nation to receive the prestigious "Save America's Treasures" Award. Some of the other sites selected were Eleanor Roosevelt's home at Hyde Park, President Andrew Jackson's first home "The Hermitage" in Tennessee, and Henry Ford and Thomas Edison's Winter Estate in Fort Myers, Florida. NATURE OF WORK Two prominent Japanese Landscape Architect Professors have recently offered their services, pro bono, to provide Hakone with the expertise and guidance to assist the Foundation in restoring Hakone. One of the options being considered is for these professors, Dr. Donuma and Dr. Suzuki, to send over landscape gardeners from Japan to work for a specified period, possibly three to four months during either the summer or autumn, to help Hakone in the restoration of our horticultural and botanical specimens. ACCOMPLISHMENT AND ACHIEVEMENTS Hakone has recently been awarded nearly $250,000 to begin the restoration and preservation of some of the historic buildings on the site. These funds are primarily from the Historic Heritage Commission, the National Trust for Historic preservation and the national Cable TV network Home and Gardens Television. Because of Hakone's unique authentic Japanese design, Sony Television has selected Hakone to be one of the sites for their filming of the production of "Memoirs of a Geisha." Because the current grant awards are focused primarily on the historic structures on Hakone's site which include the three large buildings, two of which date back to early in the last century, the Foundation is seeking support for restoring and renovating the gardens themselves. Their are over ten acres of rare Japanese botanical specimens and landscape expertise needed to restore these plant materials to their intended health and beauty. A classic Japanese Garden in Japan would normally have up to 15 highly trained Japanese Gardeners to take care of an 18 acre site as large and historic as Hakone. Hakone currently has only two full time gardeners. WHO WILL BE SERVED Hakone receives nearly 40,000 visitors a year from throughout both Northern California and the United States. Hakone has now become a popular destination spot for tour groups and visitors to Northern California. Most travel books and touring operations now feature Hakone and a recent survey of visitors indicates that nearly one-third of our guests come from both Asia and Europe. All residents of Saratoga enter Hakone without charge and the site has become a popular one for weddings, community and family events. PRELIMINARY COST ESTIMATE 9/8/04 Page 3 of 3 Dr. Suzuki is coming to Hakone later this month to conduct a preliminary survey of horticultural and botanical needs. The preliminary cost estimate is that the initial project estimates would be between $60,000 to $75,000 in the first year of to bring over two Japanese Gardeners from Japan for up to 4 months in the first year. Cary, I will give you a call on Wednesday morning to discuss this preliminary draft. Thank you, Lon Saavedra Executive Director & CEO The Hakone Foundation (C)650-400-3878 9/8/04 SARATOGA CITY COUNCIL MEETING DATE: September I5, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~ ~~ PREPARED BY: Lorie Tinfow Assist. Citv Mar. DEPT HEA ~_ SUBJECT: Revision of Resolution No. 03-007 that Implemented an Annual Hiring Freeze on Vacated City Positions RECOMMENDED ACTIONS: Adopt the attached resolution that would revise Resolution No. 03-007 and permit the City Manager to fill vacancies with cunent staff via position transfers without Council review and approval. REPORT SUMMARY: As part of the budget reductions for 2003-04, a staff hiring freeze was enacted with exceptions for department directors and essential employees. A copy of Resolution No. 03-007 is attached for reference. At the Council meeting on September 1, 2004, Council members suggested that they not review vacancies for which internal candidates are available. They are comfortable with transfers between positions by current staff and suggested that filling those vacancies is within the City Manager's authority. FISCAL IMPACTS: None. ALTERNATIVE ACTIONS: Maintain the resolution and policy as they currently stand. FOLLOW UP ACTIONS: Staff will implement Council's direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Copy of Resolution No. 03-007 Copy of Proposed Revised Resolution RESOLUTION NO. 03-007 o . „~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY * OF SARATOGA IMPLEMENTING AN ANNUAL HHtING ~ FREEZE ON VACATED CITY POSITIONS. WHEREAS, the City's best practice policy is to maintain a positive balance between current revenues and the cost of operations; and WHEREAS, the City is currently experiencing revenue reductions, which would require staff to implement measures for expenditure reductions, and WHEREAS', staff recommends a hiring freeze on all vacant positions except department heads and other essential personnel, as approved on a case-by-case basis and authorized by the City Council; and WHEREAS, the City Council has considered the recommendations of the City Manager and believes that implementing these further changes will be in the best interest of the City. WHEREAS, the City has apprised the recognized labor organizations of the above proposal NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sazatoga does hereby authorize the City Manager to implement a hiring freeze for ail existing and future vacated positions, except for department heads and other essential positions that are approved on a case-by-case basis and authorized by the City Council. This hiring freeze will expire after one year from the date of authorization by the City Council and may be renewed annually each year with adoption of the budget, as necessary. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19`" day of February 2003, by the following vote: AYES: Councilmembers Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith NOES: None ABSTAIN: None ABSENT: Councilmember Stan Bogosian, Mayor Nick Streit -c..-~-~a~-~~ Ann Waltonsmith, Vice Mayor ATTEST I __,^~ Cathleen yer, erk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REVISING AN ANNUAL HIRING FREEZE ON VACATED CITY POSITIONS WHEREAS, the City of Sazatoga's best practice policy is to maintain a positive balance between current revenues and the cost of operations; and WHEREAS, the City continues to experience revenue reductions which would require staff to implement measures for expenditure reductions; and WHEREAS, staff recommended on February 19, 2003 a hiring freeze on all vacant positions except depaztment directors and other essential personnel as approved on a case-by-case basis and authorized by the City Council; and WHEREAS, the City Council has considered the recommendations of the City Manager and believes that implementing these further changes will be in the best interest of the City; and WHEREAS, the City Council values current staff and wishes to revise the previous resolution to permit staff transfers between positions without Council review and approval; and WHEREAS, the City has apprised the recognized labor organizations of the above proposal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby authorize the City Manager to continue a hiring freeze for all existing and future vacated positions, except for depaztment directors and other essential positions that are approved on a case-by-case basis and authorized by the City Council. The Council fisher authorizes the City Manager to approve transfers of staff between positions without Council's express approval This hiring freeze was renewed with adoption of the 2004-OS budget. The above and foregoing resolution was passed and adopted at a regulaz meeting of the City Council of Saratoga held on the 15th day of September, 2004, by the following vote: AYES: NOES: ABSENT: ATTEST: ANN WALTONSMITH, MAYOR Cathleen Boyer, CITY CLERK SARATOGA CITY COUNCIL MEETING DATE: September 15, 2004 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: CITY MANAGER: ~~~ DEPT HEAD: SUBJECT: Contract Renewal for Traffic Signal Maintenance Services RECOMMENDED ACTION(S): Approve aone-year contract renewal with Republic Electric for Traffic Signal Maintenance Services and authorize the City Manager to execute the same. REPORT SUMMARY: The City contracts with Republic Electric for Traffic Signal Maintenance and has done so since 2001. Please refer to Attachment 1, which outlines their current scope of work. Currently Republic Electric charges $9,900 per yeaz for routine maintenance. Emergency and unscheduled repairs are chazged on a time and materials basis. The City budgets $17,000 for unscheduled repairs. There are no increases in Republic Electric's fee schedule for this fiscal year. It is therefore recommended that City Council approve aone-yeaz extension to the existing contract with Republic Electric for Traffic Signal 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. .~,,"~ t.. _ -;i ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Exhibit "A" 2 of 2 EXHIBIT A SCOPE OF WORK 1. Contractor agrees to furnish all labor, material and equipment to perform all work necessaryto maintain traffic signal facilities within the jurisdiction of City, al] in accordance with the terms herein. Contractor is to do all such work and provide such material, as an independent contractor, subject to inspection and approval by City, Sazatoga Police, South County Fire, the Director of Public Works, or any other agent designated by City. 2. Contractor agrees to the following preventative maintenance: LIST OF INTERSECTIONS • Contractor will maintain the following traffic signals: o Quito Rd./Allendale Ave. o Quito Rd./Pollazd Rd. o Saratoga-Sunnyvale Rd./Reid Ln./Gerald Zapelli Ct. o Saratoga-Sunnyvale Rd./Iien•iman Ave. o Sazatoga-Sunnyvale Rd.Blauer Dr. o Saratoga-Sunnyvale Rd./Pierce Rd. o Sazatoga-Suanyvale Rd./Cox Ave./Wazdell Rd. o Saratoga Ave./Cox Ave. o Saratoga Ave./Vineyazd Ln./Bellgrove Cir. o Saratoga Ave./Dagmaz Dr. o Sazatoga Ave./Scotland Dr. o Saratoga Ave./Fruitvale Ave. o Fruitvale Ave./Allendale Ave. MONTHLY ROUTINE MAINTENANCE • Visually inspect controller for proper operation. • Visually inspect all vehicular and pedesMan signals for proper operation. Check and actuate each pedestrian push button for proper operation. • Visually inspect all illuminated street name signs for proper operation including lamps and photo cells. • Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with recommendations to City by intersection. 3 -MONTH ROUTINE MAINTENANCE (In addition to monthly) • Vtsually inspect roadway along loop detectors for possible exposed wires, cracks and pot holes. Check detector amplifiers and tune if needed. • Manually record inspection date and time in controller cabinet and send written confirmation of 3-month inspection with recommendations to City by intersection. Exhibit A ~~ ~ Pa e 1 of 3 Last printed 2/15/01 8:03 AM g A:~Standard Contract Ex. A (5-25-00)signal.doc 6 -MONTH ROUTINE MAINTENANCE IIn addition to monthly and 3-monthl • Check controller cabinet filter. • Check ground rod clamp and wire. • Check wire schematics and records to make sure they are in the cabinet. • Check operation of the fan. • Check operation. of ground fault receptacle. • Measure voltage at service inputs in cabinet and record. Visually check for bent visors and backplates. • Visually check integrity of splices. • :Visually check for wear and function on electromechanical controllers. • Check the time setting and match with time sheet on electromechanical and solid state controllers: • Manually record inspection date and time in controller cabinet and send written confirmation of 6-month inspection with recommendations to Cityby intersection. YEARLY ROUTINE MAINTENANCE (In addition to monthly 3 and 6-month • Replace all lamps in all signals. All sealed beam lamps will be reimbursed by City. Labor and equipment for installation of sealed beam lamps are included. • Ciean and polish all lenses and reflectors. • Vacuum and clean controller cabinet and contents. Replace cabinet filter. • Check weatherproofgasket seal omcontroller cabinets. • Check for water accumulation and duct sealant. • Lubricate hinges and lock on controller cabinets. • Check alignment of all signal heads. • Check indicator lamps. • Check all connectors. • Check detector extensions. • Check load switches. • Check relays. • Manually record inspection date and time in controller cabinet and send written confirmation of yearly inspection with recommendations to City by intersection. 3. Contractor agrees to respond to normal traffic signal and illuminated street name sign lamp outage calls during regulaz business hours under the per month per intersection price. 4. Contractor will perform an initial inspection of all intersections and provide written recommendations of all repairs required. Said work shall be performed on a time and material basis. 5. Contractor agrees to provide phone service for the receiving of notification of inoperative Traffic Signals including those items requiring emergency repair and service during Contractor's Exhibit A ~ P e Z of 3 lest printed 2/15/01 8:03 AM A:\Standard Contract Ex. A (5-25-00)signal.doc k~ ' f normal business. hours and an answering service for the receiving of notification of inoperative Traffic Signals requiring emergency repairs or service at all times (7 days per week) other than Contractor's normal business hours, whether such notification originates with City or a party or person other than City. 6. Contractor agrees to have service personnel available 24 hours per day to respondto traffic signal. and controller trouble calls. Response time will be within one hour during regular business -hours and after regular business hours and weekends. In the event of multiple calls, each will be serviced on a priority basis. City will provide Contractor with a priority list. This priority list will consti'lute authorization from City to Contractor to leave an intersection of anon-priority status to respond to a priority intersection. 7. Contractor agrees to provide response service 24 hours per day for repair of the equipment and appurtenances, such as safety lighting, street name signs, street lighting, pedestrian and traffic signals, controllers, flashing beacons and detector devices which Contractor maybe called upon from time to time by City to repair, replace or refurbish. However, it is understood that any materials requiring replacement in excess of Two Thousand Five Hundred Dollars ($2,500.00) will not be installed without prior written approval from City. unauui~ h _- l.estprinted 2/15/01 8:03 AM Page 3 A:~Standard Contract Ex. A{5-25-00)signal.doc