The URL can be used to link to this page

Home My WebLink About10-06-2004 City Council Agenda PacketAGENDA `/~ REGULAR MEETING SARATOGA CITY COUNCIL OCTOBER 6, 2004 ARCHIVE COPY CLOSED SESSION - 6:15 P.M. ADMINISTRA'i _ ......,.. . ............ .~.,..~.~, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER Conference With Labor Neeotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Conference With Legal Counsel -Anticipated Litigation Significant exposure to litigation (Gov't Code 54956.9(b)). (1 potential case) Conference with Legal Counsel -Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Farmer's Insurance Group/Clinton Rosenthal Agency claimed against: City of Saratoga 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 3Q 2004) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized 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 Rotary Club of Saratoga -Request for $1000.00 contribution to sponsor the 3`d annual "Mustard Walk". Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. Commendations Honoring Diana Hudtloff Copeland, Nancy Portugal Jamello, and Elaine Roth Recommended action: Present commendations. 1B. Appointment and Oath of Office for the Library Commissioners Recommended action: Adopt resolution and administer Oath of Office. 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 City Council Minutes -September 1, 2004 Recommended action: Approve minutes. 2B Approval of City Council Minutes -September 15, 2004 - Recommended action: Approve minutes. 2C. Approval of Check Register Recommended action: Approve check register. 2D. Report on Encumbrances Carved Over From Fiscal Year 2003/2004 to Fiscal Yeaz 2004/2005 Recommended action: Accept report. 2E Resolution Authorizing an Amendment to the Budget of Fund No. 310, Park Development Fund, for FY2004/OS to Provide for a Transfer of Quimby Act Money to Fund No. 354, Park and Trail Fund in the Amount of $54,000 to Alleviate a Shortfall of Revenue in FY2003/04 Recommended action: Adopt resolution. 2F. Resolution to Amend the Budget for FY2004/OS to Provide Financing in the Amount of up to $1,000 for the Purchase of Tax Defaulted Property Adjacent to _ Hakone Gazdens Park from the County of Santa Clara as Originally Approved by Resolution 01-029 Dated May 16, 2001 Recommended action: Adopt resolution. 2G. Claim of Clint Rosenthal -Claim No. GL-055673 Recommended action: Adopt resolution to authorize ABAG to settle claim and appropriate funds. 2H. Silicon Valley Regional Interoperability Project -Joint Funding Agreement Amendment Recommended action: Authorize City Manager to execute amended agreement. 2I. Saratoga Area Senior Coordinating Council (SASCC) Operating Guidelines for Use of City Facilities Agreement Recommended action: Accept report and authorize City Manager to execute agreement. 2J. Transportation Equity Act for the 2151 Century -Approval of Recreational Trails Program Grant Resolution Recommended action: _ Adopt resolution. PUBLIC HEARINGS None OLD BUSINESS Grant Writer Utilization/Guidance Policy and Grant Writer Procedures -Revision to Policy and Procedures and Contract Payment Options Review Recommended action: Review and adopt revisions to the Grant Writer Utilization and Guidance Policy and Grant Writer Procedures; review Contract payment options. 4. Highway 9 Safety -Approval of Design Proposal for Crosswalk Improvements Recommended action: Approve a processional service contract with Allied Enterprises in the amount of $12,000; authorize change orders up to $1,000; adopt resolution approving budget amendment. NEW BUSINESS 5. Installation of Two (2) Exterior Wall Plaques at Saratoga Librazy Recommended action: Accept report and direct staff accordingly. 6. General Plan Map/Zoning Map Inconsistencies - Recommended action: Accept report and direct staff accordingly. VTP DE Committee Appointment Recommended action: Assign representatives from The City of Sazatoga to the Committee. AGENCY ASSIGNMENTS Mavor Ann Waltonsmith Hakone Foundation Liaison Santa Clara County Cities Association Saratoga Historic Foundation Sister City Liaison Vice Mavor Kathleen King Chamber of Commerce County Cities Association Legislative Task Force SASCC Liaison Councilmember Stan BOQOSIan County HCD Policy Committee - Emergency Planning Council KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board 4 Councihnember Norman Kline Association of Bay Area Government Library Joint Powers Association Peninsula Division, League of California Cities SBDC (Unofficial) Valley Transportation Authority PAC Nick Streit Santa Clara County Valley Water Commission West Valley Solid Waste Joint Powers Association West Valley Sanitation District CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR - 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on September 30, 2004 at the o~ce 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~slvebs~ www.saratopa.ca.us of Sep ber 2004 at Saratoga, California. CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 10/20 Regular Meeting 11/3 Regulaz Meeting 11/17 Regular Meeting 12/1 Regular Meeting 12/15 Regular Meeting ~D~1 SEP 2 3 2004 CITY Ur SAFiATUGA The Rotary Club of Saratoga ec ~ ~~ POST OFFICE BOX 96 • SARATOGA, CALIFORNIA 95071 ~~ `-4J'~L September 23, 2004 Deaz Mayor Waltonsmith: The Rotary Club of Saratoga would like the Council to review a request for a Temporary Use Permit to conduct a Mustazd Walk on Sunday, February 13, 2005, from 11:00 am to 3:00 pm The Rotazy Club will be sponsoring the event and would like permission to use the Warner Hutton House, Heritage Orchard and the City parking lot. The Rotary Club requests that the Council contribute $1000.00 to this event. We also request that any permit fees be waived. This event will showcase the Warner Hutton house and the Heritage Orchazd and will include local artists, musicians, antique cars, donkey cart rides and docent tours. Free wine tasting and food items will be provided. The Rotary Club would like permission to have a promotional banner placed on City property in front of the library at the corner of Fnxitvale and Saratoga Avenue two weeks prior to the event. Sincerely, ~~ Dan W. Floyd Sazatoga Rotary Club, President SARATOGA ROTARY ART SHOW • FIRST SUNDAY IN MAY • WEST VALLEY COLLEGE • SARATOGA SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~"~--- PREPARED BY: DEPT HEAD: SUBJECT: Commendations Honoring Diana Hudtloff Copeland, Nancy Portugal Jamello, and Elaine Roth RECOMMENDED ACTION: Present commendations. REPORT SUMMARY: Attached are commendations Diana Hudtloff Copeland, Nancy Portugal Jamello, and Elaine Roth. 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 -Copies of commendations COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING NANCY PORTUGAL JAMELLO WHEREAS, Nancy Portugal Jamello, resident of Saratoga, began teaching Hatha Yoga at the Saratoga Recreation Department in September of 1988; and WHEREAS, Nancy's Hatha Yoga is a contemporary blend of traditional and non-traditional Hatha Yoga where students work on breathing, flexibility, strength and relaxation; and WHEREAS, Nancy teaches Hatha Yoga four times per week at the Saratoga Community Center, up to 9 weeks per quarter, rarely missing a single class; and WHEREAS, Nancy provides a warm, welcoming environment, taking time to learn about and care for each of her students; and WHEREAS, Nancy is certified by Eric Shiffman's Yoga Teacher Training and by Yoga With Heart (for adaptive yoga); and WHEREAS, Nancy worked for 8 years as an understudy to the late yoga master Ruth Barati; and WHEREAS, Nancy provides a wealth of information about yoga to her students and works with many levels of ability; and WHEREAS, Nancy, along with her sister, has also coordinated one-day intensive workshops for the citizens of Saratoga; and WHEREAS, regular participation in yoga classes reduces stress, develops balance, flexibility, and strength; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga recognizes that Nancy Portugal Jamello, has, for 16 years, consistently maintained a HIGH QUALITY yoga program for the residents of the City of Saratoga. Be it further proclaimed that Nancy Portugal Jamello exemplifies the Recreation Department's commitment to "Creating Community Through People, Parks and Programs." WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6`h day of October 2004. Ann Waltonsmith, Mayor City of Saratoga COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ELAINE ROTH WHEREAS, Elaine Roth, resident of Saratoga, began teaching Jackie Sorensen's Aerobic Dancing and Jacki's Strong Step at the Saratoga Recreation Department in January of 1986; and WHEREAS, Elaine's instruction of Jackie Sorensen 's Aerobic Dancing is a progressive course of aerobic choreography designed for the non-dancer. This safe, effective workout trims, tones and helps eliminate fat; and WHEREAS, Elaine teaches 7 classes per week, up to 12 weeks per quarter for about 70 students (that's 280 registrations per year or 5,320 in 19 years!); and WHEREAS, Elaine provides an enthusiastic, welcoming environment, where all students are encouraged to challenge themselves; and WHEREAS, Elaine is certified by Jackie Sorensen, aerobic leader for 26 years; and WHEREAS, Elaine pre-registers all students, taking phone calls at home and handles all attendance issues; and WHEREAS, Elaine provides a wealth of information about fitness to her students and works with many levels of ability; and WHEREAS, Elaine encourages social interaction amongst her students, bringing healthy treats and meeting with them after class; and WHEREAS, regular participation in aerobic exercise classes helps reduce obesity, reduces stress, develops coordination, increases endurance and strength; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga recognizes that Elaine Roth, has, for almost 19 years, consistently maintained a HIGH QUALITY exercise program for the residents of the City of Saratoga. Be it further proclaimed that Elaine Roth exemplifies the Recreation Department's commitment to "Creating Community Through People, Pazks and Programs." WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6`h day of October 2004. Ann Waltonsmith, Mayor City of Saratoga COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING DIANA HUDTLOFF COPELAND WHEREAS, Diana Hudtloff Copeland began teaching children's gymnastics and movement at the Saratoga Recreation Department in 1982; and WHEREAS, Diana, created her own company, Fly-Away Gymnastics in 1992, and continued offering her programs with the Saratoga Recreation Department; and WHEREAS, Diana's gymnastics and movement programs develop strength, flexibility, fitness and self-confidence in young children; and WHEREAS, Diana has taught between 25 and 35 classes per week at the Saratoga Community Center, up to 10 weeks per quarter; and WHEREAS, several of Diana's students have taken her guidance & introduction to gymnastics and followed with more advance training in competitive programs; and WHEREAS, Diana provides a nurturing and supportive environment for toddlers, often in their first socialization program, young child and their parents; and WHEREAS, Diana incorporates her skills as a professional clown into her programs with stories, songs and wonderful balloon animals; and WHEREAS, Diana spends up to two hours three times a week in Saratoga setting up and taking down the gymnastics mats, balance beams, parallel bars, and other heavy equipment without complaint; and WHEREAS, Diana has trained several new teachers over the years, passing on her knowledge and program design and content; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga recognizes that, Diana Hudtloff Copeland has, for 22 years, consistently maintained a HIGH QUALITY gymnastics program for the residents of the City of Saratoga. Be it further proclaimed that Diana Hudtloff Copeland exemplifies the Recreation Department's commitment to "Creating Community Through People, Parks and Programs." WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6`h day of October 2004. Ann Waltonsmith, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: ~~ J ~ 1'~~i~~ DEPT HEAD: SUBJECT: Appointment of Library Commissioners and Oath of Office RECOMMENDED ACTION: Council approve the attached resolution appointing members to the Library Commission. REPORT SUMMARY: Attached is a resolution appointing the following people: Library Commission Ruth Gipstein-10/2006 Helen Lemmon-10/2008 Vandana Thirumale-10/2007 Bakshish Sandhu-10/2008 The Oath of Office will be administered and signed by the Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments would not be made to Library Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A -Resolutions of Appointment Attachment B -Oath of Office RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING FOUR MEMBERS TO THE LIBRARY COMMISSION WHEREAS, four vacancies were created on the Library Commission resulting from the expired terms of Bob Chandra, Don Johnson, Ruth Gipstein, and Marcia Manzo; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill four vacancies. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made: Ruth Gipstein-10/2006 Helen Lemmou-10/2008 Vandana Thirumale-10/2007 Bakshish Saudhu-10/2008 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 6th day of October 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Commissioner Subscribed and sworn to before me on This 6`h day of October 2004. Cathleen Boyer, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY: Cathleen Boyer, Clerk AGENDA ITEM: CITY MANAGER: O••~~ DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -September 1, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes September 1, 2004 MINUTES SARATOGA CITY COUNCIL SEPTEMBER 1, 2004 The City Council of the City of Sazatoga held a Joint Session with Villa Montalvo Boazd in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Board members were present: President Greg Prow, Executive Director Elizabeth Challener, Boazd members John Stuckey and Kevin McLamey. Also present were several neighbors from the Montalvo area. Mayor Waltonsmith stated the issues the Council would like Montalvo to address the following issues: • Fire access road • Future plans • Issue of noise • Piedmont Road repairs • Village Shuttle Progam Vice Mayor King added that she would like to discuss the City's new grant program. In regards to the fire access road, John Cherbone, Public Works Director, reported that currently the technical description ,the final documents for the easement and the agreements between the City, Saratoga Fire Department and Montalvo were being drafted. Mr. Prow reported that Montalvo has been cooperating with the City throughout this process. In regards to the Piedmont Road repairs, Mr. Prow stated hat Montalvo offered to pay for 80% of the total costs. Mr. Prow stated that it would be approximately $300-$400 per property owner. Mr. Prow stated that they sent letters to 51 property owners and to date only received 18 responses - 14 in favor of the project and 4 against. Mr. Prow stated that they sent another letter out today and added that they hope this issue would be solved by the end of the yeaz. In regards to the Village Shuttle Program, Mr. Prow stated that the program has been working out well. Danielle Surdin, Economic Development Coordinator, thanked Montalvo for supporting the Shuttle Program. Coordinator Surdin noted that the program has been a tremendous success. Coordinator Surdin noted that the business owners support the program and have told her their business has increased. Coordinator Surdin stated that the hotels have given out 50% of the shuttle passes. Ms. Challener suggested that the shuttle program be extended to the more popular shows thought the yeaz. Coordinator Surdin suggested arranging a meeting to discuss her suggestion A Montalvo neighbor voiced her concern in regards to a transit bus that was used for shuttling people back and forth at a recent concert. Montalvo neighbor stated that she called Montalvo and was told it was an "experiment". Addressing the neighbor's concern, Ms. Challener stated that given the feed back from the neighbors, transit buses would no longer be used. Addressing the noise issue, Mr. Prow stated that Montalvo recently formed a committee, composed of neighbors and Montalvo boazd members, to address 62 issues. Mr. Prow stated that Montalvo asked for a variance from the neighbors, who denied the request, so they moved the concert to Oak Meadow Park in Los Gatos. A discussion took place in regards to the noise complaints and the inconsistencies with the Sheriff Office. Steve Prosser, Community Service Officer, stated that he has purchased new sound meter equipment and would provide training to the Deputies. Officer Prosser stated that all of the Sheriff Deputies have been given a copy of the Court Order and City Attorney Wittwer would provide procedures to the Sheriff s Office at a later date. City Manager Anderson requested contact information from Montalvo Board members who would have the authority to make decisions when complaints are received by the Sheriffs Office. Mr. Prow stated that he would forward the information to the',City. Ms. Challener stated the Montalvo hires off duty Deputies to monitor the noise. Montalvo neighbor stated that the Deputies aze not stationed in the proper place in order to get an accurate reading of the noise; they aze stationed in places where the decimal reading is lower. City Manager Anderson stated that the City and the Sheriff s Office would make a diligent effort to follow the Court Order. In conclusion, Mr. Prow stated that Montalvo is making every effort to work with the neighbors. Mr. Prow stated that Montalvo wants to be a good neighbor. Vice Mayor King explained the new grant writer program and offered the service to Montalvo. Mayor Waltonsmith thanked the Montalvo Boazd and the neighbors for attending tonight's Joint Session. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. 2 Conference With Labor NeQOtiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Public Employee Performance Evaluation (Gov't Code 54957) Title: City Manager Conference With Legal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and requested that Shahab Moghdalm, Saratoga Boy Scout Troop #581, lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBERl, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 1, 2004 was properly posted on August 25, 2004. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS Ray Davis noted that on Saturday at the Los Gatos Community Foundation's annual fund raising event, the names of the men and women serving in the armed forces from this area were mentioned. Mr. Davis also noted that the "Citizens for the Safety of Highway 9" recently persuaded VTA to include pedestrian crossing in the CIP project. Mr. Davis also requested that the City of Saratoga remove several trees on Austin Lane @ Highway 9. ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS lA. DARKEN DEFFNER/ PG&E -NON-RESIDENTIAL ENERGY EFFICIENCY PROGRAMS STAFF RECOMMENDATION: Informational only. Darren Deffner, Government Relations, thanked the City Council for the opportunity to present PG&E's Energy Efficient Programs. Mr. Deffner stated that the programs provide information and financial incentives to help business customers save money on energy costs. Mr. Deffner introduced Ben Mehta, PG&E Energy Efficiency Manager. Mr. Mehta explained the total electricity use per capita from 1960-2001and explained the business efficiency incentives program. Mr. Mehta stated that the City of Sazatoga earned a $16,455 rebate when the 2001 LED Traffic Light Project was completed. Mr. Mehta pointed out future opportunities such as: • Energy audit of large facilities and prioritize actions for retrofit opportunities and cost reductions • "Free" products under the Express Efficiency Pilot Program • Compact Florescent Lamps, LED Exit signs, Programmable Thermostats • Vending machine controllers for additional cost of $50 each after a $90 rebate Mayor Waltonsmith thanked Mr. Deffner and Mr. Mehta for their presentation. 1B. VALLEY TRANSPORTATION AUTHORITY -COMMUNITY BUS SERVICE PROGRAM STAFF RECOMMENDATION: Accept report and provide input to VTA. John Cherbone, Public Works Director, presented staff report. Director Cherbone reported that on August 11, 2004, City staff attended the first meeting regarding the proposed Community Bus Service Program. In attendance were representatives from Los Gatos, Cupertino, Campbell, Monte Sereno, and San Jose. It was agreed that the first step in developing the service would be a short presentation to each City Council by VTA staff. Joanne Benjamin. , VTA/Transportation Policy & Program Manager, thanked the Council for allowing VTA to present the Community Bus Program. Chris Tucker, VTA/ Chief of Operations, explained the Community Bus Program and listed its attributes as follows: • Use of small vehicles • Routes are short and continuous within a defined community • Match travel patterns ofcommunity-oriented activity • Flexibility to meet varying community needs Mr. Tucker described the Community Bus typical services and provided sample route coverage. Mr. Tucker described the Community Bus Program's ITS technologies. Mr. Tucker stated that current Community Bus Programs exist in Washington D.C. and Phoenix, Arizona. Mr. Tucker explained the next steps of the proposed program as follows: • Define Community/Transit mazket to be served: o Initiate meetings with cities -Summer 2004 o Conduct market segmentation analysis o Initiate consensus building planning process o Develop budget and identify funding sources • Develop transit plans -Spring 2005 • Public/CityBoazd review -Summer 2005 • Vehicle purchase - Summer/Fa112005 • Start operations -January 2006 Councilmember Kline stated that he attended the August 18`h VTA Boazd meeting. and pointed out the Boazd did not approve the program. Councilmember Kline noted that he is excited about the program, but would be hesitant to get involved until the Board actually approved the program. Mr. Tucker responded that the VTA Board adopt the short-range program a year and half ago. Mr. Tucker stated Saratoga doesn't have to participate in the Community Bus Program. Mayor Waltonsmith asked the City Council if they would like to agendize this issue. Councilmember Kline suggested that two Councilmembers and a staff person work with VTA on this issue. Mayor Waltonsmith thanked VTA for the presentation CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES -JULY 21, 2004 STAFF RECOMMENDATION: Approve minutes. STREIT/ KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM JULY 21, 2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2B APPROVAL OF CITY COUNCIL MINUTES -AUGUST 9, 2004 STAFF RECOMMENDATION: Approve minutes. STREIT/ KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM AUGUST 9.2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2C. APPROVAL OF CITY COUNCIL MINUTES -AUGUST 11, 2004 STAFF RECOMMENDATION: Approve minutes. STREIT/ KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM AUGUST 11.2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2D. APPROVAL OF CITY COUNCIL MINUTES -AUGUST 16, 2004 STAFF RECOMMENDATION: Approve minutes. STREIT/ KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM AUGUST 16.2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2E. APPROVAL OF CITY COUNCIL MINUTES -AUGUST 18, 2004 STAFF RECOMMENDATION: Approve minutes. STREIT/ KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM AUGUST 18.2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2F. APPROVAL OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT/ KING MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 6 2G CONTRACT EXTENSION FOR ALLISON KNAPP, CONSULTING SENIOR PLANNER FOR THE BARRY SWENSON/QUITO ROAD PROJECT STAFF RECOMMENDATION: Approve employment agreement extension with Allison Knapp not to exceed $20,000 without further Council authorization. STREIT/ KING MOVED TO APPROVE EMPLOYMENT AGREEMENT EXTENSION WITH ALLISON KNAPP NOT TO EXCEED $20,000 WITHOUT FURTHER COUNCIL AUTHORIZATION. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2H. 2ND READING & ADOPTION OF UUT ORDINANCE STAFF RECOMMENDATION: Adopt ordinance. STREIT/ KING MOVED TO ADOPT ORDINANCE. MOTION PASSED 4-0-1 WTI'H BOGOSIAN ABSENT. 2I. PARKS AND RECREATION COMMISSION MEETING TIME CHANGE REQUEST STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-070 STREIT/ KING MOVED TO ADOPT RESOLUTION CHANGING THE PARKS AND RECREATION MEETING TO 7:00 P.M. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2J. CONTRACT RENEWAL FOR CITY SURVEYOR STAFF RECOMMENDATION: Approve two-year contract renewal with McDowell Associates and authorize City Manager to execute the same. STREIT/ KING MOVED TO APPROVE TWO-YEAR CONTRACT RENEWAL WITH MCDOWELL ASSOCIATES AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2K. CONTRACT RENEWAL FOR CITY GEOTECHNICAL CONSULTANT STAFF RECOMMENDATION: Approve two-year contract renewal with Cotton, Shires & Associates and authorize City Manager to execute the same. 7 STREIT/ KING MOVED TO APPROVE TWO-YEAR CONTRACT RENEWAL WITH COTTON. SHIRES & ASSOCIATES AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2L. CONTRACT RENEWAL FOR MONTHLY LANDSCAPE MAINTENANCE SERVICES STAFF RECOMMENDATION: Approve one-year contract renewal with Gachina Landscape Maintenance and authorize City Manager to execute the same. STREIT/ KING MOVED TO APPROVE ONE-YEAR CONTRACT RENEWAL WITH GACHINA LANDSCAPE MAINTENANCE AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2M. STATE OF CALIFORNIA DEPARTMENT OF PARK AND RECREATION 2002 RESOURCES BOND ACT (PROPOSITION 40): APPROVAL OF THE PER CAPITA GRANT RESOLUTION AND ROBERT-Z'HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM BLOCK GRANT RESOLTUION STAFF RECOMMENDATION: Adopt resolution in support of the 2002 Per Capita Grant Program; adopt resolution in support of Robert-Z'Berg-Hams Block Grant Program. RESOLUTION: 04-68 & 69 Mary Robertson requested that item 2M be removed from the Consent Calendar. Mrs. Robertson asked if the resolution was strictly to acquire the funds. Director Cherbone responded that the purpose of this resolution lock up the funds so the State knows the City of Saratoga is interested in keeping the funds in Saratoga. Mrs. Robertson asked if the funds would be used for the Kevin Moran Park Improvement Project. Director Cherbone noted that in the CIP the City does have the funds appropriated to the Kevin Moran Park Improvement Project. The funds to pay for the majority of the funds would come from this grant. Director Cherbone explained that at this time the City is not directing the funds to any specific project- Kevin Moran Park Improvement Project is on hold. Director Cherbone noted that the City could reallocate these funds to another project. STREIT/ KING MOVED TO ADOPT RESOLUTION IN SUPPORT OF THE 2002 PER CAPITA GRANT PROGRAM• ADOPT RESOLUTION IN SUPPORT OF ROBERT-Z'BERG-HARRIS BLOCK GRANT PROGRAM. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. Consensus of the City Council to move to item 6 & 7. NEW BUSINESS 6. SHERIFF'S OFFICE AGREEMENT STAFF RECOMMENDATION: Accept and authorize City Manager to execute the Law Enforcement Contract with Santa Claza County. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that the City has contracted with the Santa Clara County Sheriff's Office for law enforcement services for many yeazs. Recent substantial cost increase associated with salary and pension increases for public safety employees resulted in discussions with the Sheriff's Office about the contract's future and produced the proposed contract. Assistant City Manager Tinfow highlighted the most significant elements of the proposed contract: • The term of the contract is for 10 years with a possible extension of an additional 5 years. Service levels will be reviewed annually and can be modified at the City's discretion. • Cost controls have been put in place based on funding levels included in the City's 2004-2005 budget. Salary increases aze tied to either actual increases or CPUW plus 2% whichever is smaller. Pension increases will reflect the City's proportion of actual increases sustained by the Sheriff s Office. • The contract also addresses costs associated with moving the Sheriff's Office operations to a new location. • The City or the County can terminate the contract at any time with 180 days written notice. Mayor Waltonsmith thanked City Manager Anderson and Assistant City Manager Tinfow for their work on this contact. Councilmember Streit stated that he was apprehensive in signing aten-year contract that would tie the hands of future Councils. Councilmember Streit expressed his concerns in regards to operating expenses that cannot be controlled - i.e. utilities and insurance. Councilmember Streit noted that the rent is locked into at 3% but all other expenses could substantially increases over time. 9 Captain John Hirakawa, SCC Sheriff s Office, responded that the property owner of the building in Cupertino has requested that utilities, taxes, and CIP have no cost cap. Captain Hirakawa stated that if there is a change of ownership there could be an increase of property taxes. Councilmember Streit stated that he doesn't fee the Council has done their due diligence on this contract - to many unknown cost. Councilmember Streit requested that this item be postponed until the next meeting. Consensus of the City Council to bring this item back on September 15, 2004. 7. WEST VALLEY MISSION COLLEGE STADIUM STAFF RECOMMENDATION: Accept and authorize City Manager to execute the Agreement Pertaining to a Stadium at West Valley College. Dave Anderson, City Manager, presented staff report. City Manager Anderson stated that the issue of a football stadium at West Valley College has been a controversy in the community for over 35 yeazs. This issue has been the subject of legislation, court cases, and political maneuvering. Last spring, City Manager Anderson explained that representatives for the College District, the surrounding neighborhood, and the City have generated a conceptual agreement. The City Council approved the conceptual agreement in June and directed staff to move forward with a final agreement. The City Attorney has worked with the College's District Attomey to formulate the final three-party agreement. City Manager Anderson highlighted the most significant elements of the proposed agreement: The District will comply with the City's code and use permit requirements governing use of the football/track facility and will limit the use of the facility by outside groups (only k-12 school ornon-profit youth groups will be allowed). • The District will not challenge the legality or enforcement of the City's code with respect to the football/track facility or imitate or implement any action that would permit construction of an athletic stadium on the West Valley Campus. • The City will recognize the current uses of existing athletic fields and the District swimming pool as legal non-conforming uses not subject to the code's restrictions on matters such as seating and amplified sound. This applies only to existing uses of existing facilities. Any new or expanded uses would be subject to the code. For atwo-yeaz period the City will use its enforcement discretion in a way that allows the District to use portable hand held amplified sound equipment at two specified track events each year. • The neighbors will create a formal neighborhood organization with legal status allowing the organization to be a party to the agreement. 10 The agreement covers 30 years and maybe amended by agreement of all three parties. The three parties have agreed to enforcement provisions that include mediation procedures and the possibility of liquidated damages. Jack Lucas, President/Boazd of Trustees, thanked the neighborhood group and the City Council for all of their efforts to resolve this issue. Mr. Lucas introduced the new President of West Valley College, Dr. Phil Hartley. Stan Arterberry, Chancellor, thanked City Manager Anderson for his efforts and thanked the Committee for bringing closure to this issue. Phil Hartley, President, stated that he was involved in the last part of this process and commented on the professionalism and courtesy that the Committee showed each other. Mr. Hartley noted that it is now his duty is to honor the agreement. Evan Baker noted that he represented that neighborhood group. Mr. Baker urged the City Council to accept the agreement. Councilmember Streit thanked everyone for working on this issue. Councilmember Streit stated that throughout the process there were good negotiations and every one was very respectful. City Manager Anderson thanked Chancellor Arterberry for his leadership and thanked the other members of the AdHoc. STRETT/WALTONSMITH MOVED TO STADIUM AT WEST VALLEY COLLEGE. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. Mayor Waltonsmith declazed aten-minute break at 8:50 p.m. Mayor Waltonsmith reconvened the meeting at 9:00 p.m. Consensus of the City Council to move to item #4 OLD BUSINESS 4. GRANT OPPORTUNITIES REVIEW BY CITY COUNCIL /REVIEW OF GRANT WRITER UTILIZATION AND GUIDANCE POLICY STAFF RECOMMENDATION: Review grant opportunities and provide direction to staff; Review Grant Writer Utilization and Guidance Policy for possible changes. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that on June 2, 2004 the City of Saratoga adopted a City of Sazatoga Grant Wirier Utilization Procedure and Guidance Policy. Analyst Bloomquist noted that as stated in these documents, City staff is required to forward grant opportunities utilizing the service of our contacted grant writer, 11 Randall Funding and Development, to City Council for review. Analyst Bloomquist noted that there were three grant opportunities requiring review by the City Council. Analyst Bloomquist summarized the grant opportunities as follows: • Cit~of Sazatoga - 2002 State of California Bond Act -amount to be determined • Sazatoga Historical Foundation -Office of the State Historian- $60,000 • Sazatoga Historical Museum -Institution of Museum and Library Services -$20,000 In regards to the Grant Writer Utilization and Guidance Policy, Analyst Bloomquist request that City Council revise the Procedure and Policy as follows: • Make changes to expand the jurisdictions served by the grant writer to include County Agencies and surrounding municipalities. This would enable staff to work closely with these agencies and offer the use of our contracted Grant Writer should mutually beneficial projects surface at some future date. • Appoint a two member City Council AdHoc Committee to review grant applications in the event a grant submittal deadline does not allow sufficient time to schedule a review at a regularly scheduled City Council meeting. Mayor Waltonsmith noted that she would be willing to support expanding the grant writing services to other jurisdictions as long as there is a benefit to Sazatoga. Councilmember Kline stated that an AdHoc should review grant applications that are within Sazatoga, but outside applications should come before the entire Council. Councilmember Kline suggested the Mayor and Vice Mayor be assigned to the AdHoc Committee. April Halberstadt thanked the City Council for contracting with Randall Funding. Ms. Halberstadt explained their grant application. STREIT/KLINE MOVED TO DIRECT RANDALL FUNDING TO SUBMIT GRANT APPLICATIONS• ESTABLISH ADHOC COMMITTEE WITH STAFF MAYOR AND VICE MAYOR• SUPPORT CHANGES TO POLICY AND PROCEDURES. MOTION PASSED 4-0-1 WTI'H BOGOSIAN ABSENT. PUBLIC HEARINGS AMENDMENT AND EXTENSION OF AN INTERIM ORDINANCE PROHIBITING NEW PERSONAL SERVICES BUSINESSES ON THE GROUND FLOOR FRONTING A STREET IN THE VILLAGE STAFF RECOMMENDATION: Conduct Public Hearing and adopt ordinance. TITLE OF ORDINANCE: Tom Sullivan, Community Development Director, presented staff report. 12 Director Sullivan stated that the draft ordinance amends and extends Ordinance 223, which prohibits the establishment of new Personal Service Businesses in the Village. Director Sullivan noted that the ordinance would continue to bar against new Personal Service Businesses from locating in ground floor spaces fronting a street in the Village. Personal Service Businesses include, but are not limited to hair and nail salons and day spas. Director Sullivan stated that this ordinance would extend the Interim Ordinance by one yeaz and may not be extended again. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. STREIT/KLINE MOVED TO ADOPT AMENDMENT AND EXTENSION OF AN INTERIM ORDINANCE PROHIBITING NEW PERSONAL SERVICES BUSINESSES ON THE GROUND FLOOR FRONTING A STREET IN THE VILLAGE. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. OLD BUSINESS REVIEW COUNCILMEMBER ASSIGNMENTS TO DEANZA TRAIL TASK FORCE STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone reported that at the time the DeAnza Trail Task Force was established, two Councihnembers agreed to participate -Bogosian and Waltonsmith. The Mayor recently asked that these assignments be reviewed to determine whether schedules allow for adequate participation. Mayor Waltonsmith pointed out the Councilmember Bogosian has missed the last four meetings. Vice Mayor King suggested that Councilmember Streit take Councilmember Bogosian's place on the DeAnza Trail Task Force. KING/STREIT MOVED TO REPLACE COUNCILMEMBER BOGOSIAN WITH COUNCILMEMBER STREIT ON THE DEANZA TRAIL TASK FORCE. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 8. PERMISSION TO FILL FACILITIES MAINTENANCE WORKER I POSITION VACANCY STAFF RECOMMENDATION: Council designate the position as "essential" and authorize the City Manager to fill the Facilities Maintenance Worker I position. Lorie Tinfow, Assistant City Manager, presented staff report. 13 Assistant City Manager Tinfow stated that the staff hiring freeze enacted in 2003- 04 continues to be in effect for FY 04-05. A current Facility Maintenance Worker has filled the vacant Parks Maintenance Worker II position and this action produces a new vacancy. At this time staff requests direction on whether or not Council considers this position "essential" and wishes to authorize the City Manager to release the hiring freeze in order to fill this position. A discussion took place in regards to amending hiring freeze resolution to exclude positions filled by internal employees. KING/KLINE MOVED TO DESIGNATE THE POSITION AS "ESSENTIAL" AND AUTHORIZE THE CITY MANAGER TO FILL THE FACILITIES MAINTENANCE WORKER I POSITION AND AMEND THE RESOLUTION ON THE HIRING FREEZE TO EXCLUDE IN HOUSE PROMOTIONS. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. AGENCY ASSIGNMENTS Mayor Ann Waltonsmith had no reportable information. Vice Mayor King had no reportable information. Councilmember Norman Kline reported the following information: Libraz~Joint Powers Association -announced that libraries would start closing on Mondays. Valley Transroortation Authority PAC -Grand Jury report has been released. The City of -" Los Altos sent letter to the Board requesting reformation. Councilmember Kline requested that this item be agendized. Councilmember Streit reported the following information: West Valley Solid Waste Joint Powers Association -continuing to work on the RFP for solid waste. West Valley Sanitation District -starting the process of taking over the Town of Los Gatos sewer system. One-year transition, which will save over $300k per year. CITY COUNCIL ITEMS Referring to the presentation by PG&E, Councilmember Kline requested that staff investigate solar power on city owned buildings. Consensus of the City Council to support Councilmember Kline's request. OTHER City Attorney Taylor noted that he would be on vacation for the next two weeks and noted that Attorney Wittwer would be attending the September 15`h meeting. CITY MANAGER'S REPORT City Manager Anderson thanked Assistant City Manager Tinfow for acting as City Manager during his vacation. 14 ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 10:05 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 15 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 ORIGINATING PREPARED BY: Cathleen Boyer, AGENDA ITEM: CITY MANAGER: ~~~1 DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regulaz Meeting -September 15, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes September 15, 2004 MINUTES SARATOGA CITY COUNCIL SEPTEMBER 15, 2004 The City Council met in Open Session at 6:00 p.m. in the Administrative Conference Room, 13777 Fruitvale Avenue, to conduct interviews for the Library Commission. MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there were no Closed Session items on tonight's agenda. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBERIS, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 15, 2004 was properly posted on September 9, 2004. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS Fred Armstrong announced that the 2"d annual "Building Bridges" week was October 3- 10, 2004. The main event would be held at West Valley College on Sunday, October 10, 2004. Mayor Waltonsmith presented Dr. Armstrong with a proclamation declaring the week of October 3-10, 2004 "Building Bridges Week". Mark Weisler read a letter he sent to the Community Development Department on July 27, 2004. Mr. Weisler noted that the General Plan and the Zoning Code are mismatched. Mr. Weisler noted that his property which is located at 20161 Hill Avenue is zoned in the General Plan R1-20,000 and in the Zoning Code it is R1-40,000. Mr. Weisler stated that the Zoning Code should be brought in line with the General Plan. Mr. Weisler requested that evidence of the zoning change to his property be shown to him. Mr. Weisler requested that his property be rezoned. COUNCIL DIRECTION TO STAFF Referring to Mr. Weisler's comments, Councilmember Kline requested that an update on the General Plan update. Consensus of the City Council to support Councilmember Kline's request. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. COMMENDATION HONORING KERRI WALSH AND PATRICIA MIRANDA - 2004 OLYMPIC MEDAL WINNERS STAFF RECOMMENDATION: Present commendations. Mayor Waltonsmith read the proclamations and presented it to Patricia's father and family members. Mayor Waltonsmith noted that no one was able to attend tonight's meeting on behalf of Ms. Walsh. 1B. PROCLAMATION -DECLARING THE MONTH OF OCTOBER 2004 AS "DOMESTIC VIOLENCE AWARENESS MONTH" STAFF RECOMMENDATION: Acknowledge proclamation. Mayor Waltonsmith acknowledged the proclamation. 1 C. PROCLAMATION -DECLARING OCTOBER 4-9, 2004 AS "LAWSUIT ABUSE AWARENESS WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor Waltonsmith read the proclamation and presented it to Mr. Don Wolf. 2 SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A APPROVAL OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 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 STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-071 STREIT/KLINE MOVED TO ADOPT 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 CITE MANAGER TO DELEGATE THE SAME AUTHORITY TO OTHERS. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2C. AMENDED AND RESTATED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER STAFF RECOMMENDATION: Authorize Mayor to execute the agreement. Vice Mayor King requested that item 2C be removed form the Consent Calendar Vice Mayor King expressed her gratitude to the City Manager for waiving his bonus and taking the same pay increase as the other City employees. KLINE/KING MOVED TO AUTHORIZE MAYOR TO EXECUTE THE AMENDED AND RESTATED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT 2D. CITY ARBORIST CONTRACT AMENDMENT STAFF RECOMMENDATION: Approve contact and authorize City Manager to execute the same. STREIT/KLINE MOVED TO APPROVE CITY ARBORIST CONTRACT AMENDMENT AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT 2E. REQUEST TO CHANGE THE HERITAGE PRESERVATION COMMISSION'S MEETING TIME STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-074 STREIT/KLINE MOVED TO ADOPT RESOLUTION GRANTING THE REQUEST TO CHANGE THE HERITAGE PRESERVATION COMMISSION'S MEETING TIME. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2F. REVISION OF RESOLUTION 03-007 THAT IMPLEMENTED AN ANNUAL HIRING FREEZE ON VACATED CITY POSITIONS STAFF RECOMMENDATION: Adopt reso]ution. RESOLUTION: 04-075 STREIT/KLINE MOVED TO ADOPT RESOLUTION REVISING RESOLUTION 03-007 THAT IMPLEMENTED AN ANNUAL HIRING FREEZE ON VACATED CITY POSITIONS. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2G. CONTRACT RENEWAL FOR TRAFFIC SIGNAL MAINTENANCE SERVICES STAFF RECOMMENDATION: Approve contract and authorize City Manager to execute the same. STREIT/KLINE MOVED TO APPROVE CONTRACT RENEWAL FOR TRAFFIC SIGNAL MAINTENANCE SERVICES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT 2H. 2004 STORM DRAIN REPAIR AND UPGRADE PROJECT -AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: Move to declaze 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. Adopt resolution. RESOLUTION: 04-072 Councihnember Kline requested that 2H be removed from the Consent Calendaz. Councilmember Kline noted that he would recuse himself from this item because it affects his property. STREIT/KING MOVED 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; ADOPT RESOLUTION. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT AND KLINE ABSTAINING. 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. STAFF RECOMMENDATION: Authorize the Mayor to sign letter of opposition. Mayor Waltonsmith noted that there were several residents were requesting that Item 2I be pulled from the Consent Calendaz. Mayor Waltonsmith stated that she attended the hearing and it was postponed until next week. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan stated that several residents that live in the vicinity of the YMCA have expressed concern and apposition to the YMCA opening eazlier and their request to have their Planned Development Permit amendment. Jou Garliepp noted that he lived by the back parking lot. Mr. Garliepp complained that the YMCA has never finished the approved landscaping plan and have extended their use hours. Mr. Garliepp stated that the noise and traffic have increased significantly over the yeazs. Mr. Garliepp noted that the YMCA is currently open from 6:00 -midnight. Mr. Garleipp stated the he and his neighbors have tried to work the YMCA and have gotten nowhere. Mr. Gazliepp stated that they were now approaching the City of Saratoga to help them deal with the YMCA. Don Shipman noted that in 1988 the YMCA showed them the original building plan that included a nice landscaping plan. Mr. Shipman noted that to date the landscaping plan is still not 100% complete. Mr. Shipman stated that he feels the property is an eyesore and the YMCA has not been a good neighbor. Kevin Hayes noted that he concurred with the two prior speakers. Mr. Hayes noted that every Saturday between 8-9 a.m. YMCA members drive up and down his street looking for parking. Vice Mayor King asked who the City Councilmember was in this district. Councilmember Kline responded that Linda LeZotte represented the district. Vice Mayor King suggested that the Mayor write Councilmember LeZotte a letter expressing the City's concerns. Vice Mayor King also suggested that the City Manager contact the Executive Director at the YMCA. Councilmember Streit suggested that the City Attomey should write the City of San Jose's Attorney a letter and the City Manager Anderson contact the City Manager. STREIT/KING MOVED TO AUTHORIZE THE MAYOR TO SIGN LETTER OF OPPOSITION AND ADDITIONAL DIRECTION TO CITY STAFF. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2J. RESOLUTION SUPPORTING PROPOSITION lA STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-076 Mayor Waltonsmith requested that 2J be removed from the Consent Calendaz. City Manager Anderson stated that cities around California worked very hazd to get this measure on the November ballot. City Manger Anderson stated that this measure would stop the State form taking money away form local governments. STREIT/KING MOVED TO ADOPT RESOLUTION SUPPORTING PROPOSITION lA. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2K. RESOLUTION SUPPORTING MEASURE H STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-073 6 Phil Hartley, President /West Valley College, stated that this measure would allow the College to: • Renovate and repair the campus • Update the equipment in the Science and Technology laboratories - bringing them into the 21 S` century. KLINE/STREIT MOVED TO ADOPT RESOLUTION SUPPORTING MEASURE H. MOTION PASSES 4-0-1 WITH BOGOSIAN ABSENT. PUBLIC HEARINGS None OLD BUSINESS 3. SANTA CLARA COUNTY SHERIFF'S OFFICE CONTRACT STAFF RECOMMENDATION: Accept and authorize City Manager to execute the Law Enforcement Contract with Santa Clara County. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated that costs 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'aze tied to either actual increases or CPUW plus 2% whichever is smaller. The County has received the CPI data for the past 20 yeazs in order to calculate the outcome of this salary and benefit cap -the average had 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 in November 2004 and Sazatoga's annual costs will be prorated to reflect the rent on the new location. Rent increases would be assessed next in November 2005. • Controllable operating cost increases are capped at 5% per year. Examples aze landscaping, janitorial services, capital improvements, property management fees, etc. • The Sheriff's Office have 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 costs. • The County will front the tenant improvement costs and prorate the amount plus 5% 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 the contracted cities. 7 • The County cannot unilaterally change service levels. The service Saratoga has today becomes the base service level. City Manager Anderson stated that PERS restricted the County that in order to even out the amortization they cannot increase their PERS for ten years. Adding to the City Manager's comments, Captain John Hirakawa, Santa Clara County Sheriff's Office, stated the Pete Kutros has verbally told the County Executives that increases to PERS have to be deferred over ten yeazs. Assistant City Manager Tinfow pointed out that there are some disadvantages that come with this contract: • Some costs are not capped such as the PERS pension increases. These increases are not capped but based on actual increases that the County might receive Insurance, tax, and utility increases over the life of the contract are limited to actual costs but are not capped. Tenn of the agreement is 10-years. If the City should want to cancel the contract all of the costs associated with the contract would have to be met including the rent & tenant improvements. Councilmember Streit stated that he had several concerns regarding this contract but staff did a great job answering his questions and he fully supports the contract. Vice Mayor King and Councilmember Kline both noted that they fully supported the contract. Mayor Waltonsmith stated that although she fully supported the contract, she is sad to see the Sheriff s Office move to Cupertino, but unfortunately there was no place to relocate them in Sazatoga. KING/STREIT MOVED TO ACCEPT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE LAW ENFORCEMENT CONTRACT WITH SANTA CLARA COUNTY. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 4. SANTA CLARA COUNTY PARKS AND RECREATION DEPARTMENT - MCWILLIAMS HOUSE RESTORATION PROJECT STAFF RECOMMENDATION: Approve agreement and authorize City Manager to execute the same. John Livingstone, Associate Planner, presented staff report. Planner Livingstone reported that on October 1, 2003 the City Council approved the Heritage Preservation Commission's request to apply for a grant for the City's Historic Pazk. The original grant request was for $500,000 to restore the McWilliams House and landscape the park. The grant was approved for only $1 OQOOO limited to the restoration of the McWilliams House. Plarmer Livingstone explained how the grant would be used: $15,000 -Architectural Services $80,000 -Construction and materials $5,000 -Contingency Vice Mayor King requested that the Mayor send a thank you letter to the County for granting the funds to the City. KLINE/STREIT MOVED TO APPROVE AGREEMENT AND AUTHORIZE THE CITY MANAGER O EXECUTE THE SAME. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. AUTHORIZATION TO SUBMIT GRANT APPLICATIONS STAFF RECOMMENDATION: Authorize Randall Funding to submit grant application packets. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist stated on September 1, 2004 the City Council authorized Randall Funding to process grant applications for the City of Sazatoga and Saratoga Historical Museum. Analyst Bloomquist reviewed a new grant opportunity for Hakone Foundation. Analyst Bloomquist stated that Hakone has requested to apply for California Cultural & Historic Endowment Grant and, which was, reviewed and approved by the AdHoc Grant Review Committee. Analyst Bloomquist stated that due to the grant deadline, Executive Director Lon Saavdera has requested that the grant be delayed until the next cycle in January. Council discussion in regards applications from groups outside City limits that would have some benefit to the City. Analyst Bloomquist requested permission from the Council to bring back the Policy & Procedures guidelines for discussion. Consensuses of the City Council to direct staff to agendize the Policy & Procedures guidelines for the meeting on October 6, 2004. KLINE/STREIT MOVED TO AUTHORIZE RANDALL FUNDING TO SUBMIT GRANT APPLICATION PACKETS AND APPROVE HAKONE'S GRANT OPPORTUNITY AT $75,000.. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. NEW BUSINESS None COMMISSION ASSIGNMENT REPORTS Vice Mayor King reported the following information: City/School AdHoc Committee -noted that they recently meet with the new principal at Blue Hills School. The principal stated that this was the first time in her career that a City Council ever contacted her. Discussed traffic and field use. Councilmember Kline reported the following information: Villa e AdHoc Committee -RDA consultant would be bringing a feasibility report to the Council with in the next month or two. Councilmember Streit reported the following information: City/School AdHoc Committee -Campbell Union School District recently finished $400,000 road improvements azound Marshal] Lane School. CITY COUNCIL ITEMS Referring to Councilmember Bogosian, Mayor Waltonsmith pointed out that he has missed several City Council meetings. Mayor Waltonsmith requested consensus to send him a letter. City Attorney Wittwer stated that in the California Code, a Councilmember's seat becomes vacant if the Councilmember is absent from Council meetings without permission for 60 days consecutively starting form the last regulaz meeting they attended. Councilmember Kline noted that at this time, he doesn't see a problem if Councilmember Bogosian misses a few meetings. Councilmember Kline noted that Councilmember Bogosian has been a great service to the City the past eight years. Councilmember Streit noted that he concurred with Councilmember Kline. Vice Mayor King stated that she would like to know what the code specifically states. Attorney Wittwer noted that he would email the City Council the section of the code that addresses this issue. Vice Mayor King announce that the Saratoga Fire Department would be having a pancake breakfast on Saturday September 18`h from 8:00 a.m. - 11:00 a.m. Vice Mayor King also noted that they would be giving tours of the new station form 1:00 p.m. - 4:00 p.m. OTHER None 10 CITY MANAGER'S REPORT City Manager Anderson stated that he would be attending the League's Annual Conference September 16-17, 2004. Assistant City Manager Tinfow would be acting City Manager on Thursday and Director Cherbone would be acting City Manager on Friday. ADJOURNMENT There being no further business Mayor Waltonsmith adjourned the meeting at 8:30 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 11 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER ~~~ PREPARED BY: Jaye Tkach_ ~'r DEPT HEAD: SUBJECT: Check Registers: 9/23/04 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. i FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund# Fu Date Manual voia i ouai 9/23/2004 Checks Checks AP CHECKS A97501-97611 ~ ' "'~s"~?t'~~ , t~ ~ , = ~ w ,a 1 GENERAL 78,412.65 3,834.02 1 ~ ~ ~ ,~ ~ 100 COPS-SLESF 9 ' ~ ~, }, ~`'"~ F''~~= 110 Traffic Safety 330.96 ~ ;! 150 Streets & Roads 280,351.07 ~ ~ ?~( 180 LLA Districts 10,878.03 ; ' 250 Dev Services 12,594.09 ., i' , 260 Environmental 5,027.43 ,. ~ ~~i 270 Housing & Comm 5,818.50 ,_ jai: 290 Recreation 3,378.92 ,~i 2g1 Teen Services r"~ 2g2 Facility Ops 300.00 4 2g3 Theatre Surcharge ~::."~~Fi"a. r 'ka 310 Park Develpmt " ~ ;i; r ~'`~uf~~iji 320 Library Expansion 10,359.73 ~ a' •r? ~ y. f'.'i .... 351 Public Safety 3,611.06 ~ ~ L. ,:,,9! ' ' 352 Infrastructure 7,125.00 ', t 353 Facility 00 1 676 fk? ~ " 354 Park and Trail , . ~ r ~ 400 Library Debt µ r'~' ~ 420 Leonard Creek ~ ~~`~~ ~ ~ , ~ ~~ , ~:. ~ 720 Cable TV ~ ,~~ '`, 740 PD #3 ;~ 1" 800 Deposit Agency 7,222.75 ~ ~ - ' .• e~.. • r ~,~ c.. ~.~..~~~ 427,086.19 3,834.02 `~' a5.: "._ ...... PAYROLL CHECKS: 630237-30293 TOTAL Prepared by: Date: T~C~-~ a~a3~°~ w ^ w ^ N w W Q w a zd ~ 5 ~n in ~n o ~a ~o m w a ° c ~, m r o ~, w ('y~ m' P P Nb O NNrr ~j i V ~O N N m ri 'a i4 .y P w b .a r1 ^ O i ,i m m n N m Z Y P C N N C w a a X W « « . a ~ « • • • 'o o\ a o a w a ~ F F a F a a°. '' ~ a a w m F a F z F m w F O N F ZZ F rZ( o o W w O w O W O W ry F W a ~ F y ~ w N R OF .~ F F U U F U F U F .] a m .m+ a ^ a s a w a» a~ a ~ a aaN y o 0 o F o ad o 0 0 o F o a s o 0 o a a a a a `° °~ w ^z m °z a ~ w z ~ °z f z °a z d °z w vwi i °, °z w Wz ~~ a a Q N E, ~i .>i w ~ ~ O ~ a ~ N ~ Q j \ j ~ > N ry > ? > m > .e ~a vai v=i o\ m .ai ~ F > a .w31' a o w ^ m w W w a N ~ H u i E a w a ° U 0 0 ~ a a w .". r Q m W F U F w O N 5 w a ma ~' N O O fwi. 6. W° ~ ^ ~ a a Z 2 U Q Q > Q 4 ~ a U U O O FWO o00 ow o ~4 N W N N n y C< X ,y m~N W yl .'J O Ii N C a O O c C oz~ U o OONN Q i O O O ti O O o N N N O < N a R e w c a a w a a o o ~° o °o '° °° o °° 0 0 ^ F 'i \ N N N ^# N #\ \ N N N N N\ Yap \ ~ wr 4r rNr V^~ O 'i S N O\ HF ~'\ ~\ \ O ° °o ° V \ ° > P i O O ° O o O O a O ~ ° Ur ° w o V~ ° V1 ° m o O o Z o ° F o O o O o m o ° o ° ° o°°° r q F ~ a ~ J o 4 Y O O Z. W m O U vi w F vEi K w+1 Z a a U Q w m a vlN p y w H iZi m a a m Zen H.a mNO a n ~ m a O ~~ a° U w a s z N ^ r a a N f w z~ o ,. a m a e x m q~ ~ o o w N a° .r. a .~0. a o° o < ~ ZU O~+ N.a 3~ O~+ Y~ ^0 4r Z.+ W,+ o mo Yoo 0 O a 00 „ O ^ O ^ O N O a O O - O . O O o O Q i a O £° a o a° ~ U° w° W° a a° a w __ Nm0 ~41> ' ~o Q a U a a a y^ ~ w w O m 4 ~~ ~~ Q a a Q 4 4 Z 4 Q m m mEa~> a 0 0 4 a 4 N ~ w a3o~z r° m c r r or wOM'Z2 i °m °N om om ommmm a W U ~ >F' i °n a N °.~ o.i orv o w o.n ° ° ~o ~a N w a a w ~J Fy'y ~ (Mp]^~ Z£ w X i W i r '' o a~ w" a n iFi U w\ w a ~. w wo ^ w F O ^ w 24 m w a ^ w ^ m N ~i O m b C 0 ~p ~y O C O O p W ~- C m C C N e p N 0 m N N C C N N '1 'I 'I O F OZi 4 ~ w X4 UO V 5 m U `^ 4 w ~ ~ m o ~ ry ~ O„„ ~ O • rv • U • ^ • ~ ~ w O + a • r • ~ • w wU/NN q ^ VI w w ~] K .] .] a r] O a rwi rl iL r] > .] O ~ a rl W r] U' r] yy W w~ 4 U 4 4 4 Z 4 a 4 O 4 w 4 O O 4 4 Z 4 4Nwa F F F w F J F w F O F w F .] F a F a F F t~ ~ '~ ~ o ~ o o uai a m o a o ~ o °x o °o o ~- a ~ 0 0 0 w w m ^ w+ ^ ~ pQ w ^ w o [[--.~ qq ^ [[++ ^ s ^ ~ w ^ a ^ ~ z a z Z~ w 2 4 Z J 2 Z 2 ~+. Z 2 Z1 2 Z 2 ^ 2 w o a s z w w w w o w w o w a w o w a w y w w w w N wZ w x > 4>~> u> z> a> w> u> a> w> s> o> Nz'iw u w 4 w ~ ~ z ^ a F E^^a w a ~ `^ a H °u n a u u u ~ a a u ~ F ~ r u N 00 O can ry e N N N N P N O ti N e c c N n O N O O O O aeea rv~ rv N p o 0 o N O rv N O rv m ti yo C O ccee a H° e ° 0 0 0 0 0 0 0 0 o a °o \ n ry N N N N N N N N U\ CCP o \ ~ '1 N f N Q ~ O o O O O O O O O Z o 0 o U O O o O a0 00 a o a F o o a s o o a o o a O° H w° $ Z a o w 4 °' H O Z ~ U N O w n ~+ ; ^ y 4 h ^ N £ m d 'i wa0 ~~ „ vi ~n ~n m F 'Y 4~o Zm y a Y e Z~2 m Y.r 4 n O UFO .~ w„ ' z ~ o o ~ u~ oo 4 u i 4 o o aN " ~ ~ 3z a a~ o.. a~ aN w N . u. . z u ~ a~ .~ o y z o ~ 0 4 a o w o o 0 0 0 E o o 40 a o o O Uo Oo H o o o \ ~ ' j oo Oa ~o w F 4 P 1 O> z ae w 2 Y N vl y vl a a w F H a o a a ° q° . . . u u u o m arc ~> m m u u N u u u u O 4 5 ya 4 F 4 O F 4 0 o u a N ~ P £ U e m K Q O~ 2 O a o a a O O O N m 0 r rv > ~ w ON~Z N ~ y m > o o a O w o .~ o m o m o 0 o n o m o .+ o U~ ~ o m m m m o m rv . N L H a N w i 4 5 w F ZS 6 w a e H o~ wa a Fz' G~ ~~, a~ ° a° om FO °za w x w F O OZ U a 'a YQ Uq 5 U Y Z r wo OZ m w ~°iz x 2 = ~aO~OD rvmOi^ a m maw~> °oa~ ££ " ~ w x40 ~ Z~+ our qpz a a u ~ > i>~ o ~ O N O m O °. m' N < N C N Q°O ri ri N N m u1 Y1 o N VI C h N N ~` N N a C m i4 ut 'V .~ m C C a. a a w w w oa ~ oN z ° x m ~ ~ ^~ p • w o ° x « x a \ a a a w o °m a ~ a a 5 a a E a a F a ' a m a a o o a o a >a a F a a F a ww a w a ~a '.a w a a Z F w F a N N E H F £ F w F N F a s F F F O F O 4 Q F O O O (7 O O o Q 4 O FF o o T F F Z F w F~ F F H [£ F ~~ F a F vFi vFi F ~ F F w H O O O U' G' K O \ O q O Z O a p O 'aJ O N ~Z+ O W O q O U a q F q F q o q Z ° w q w P w 2 q° 2 q 2 ~ 2 > z y z o o u z -+ z 'J z £ z rc Z ,~ ~ a ~ F F w w w w w w w w w w w w w w w a > a > w > > > a q > 4 > ~ o > H > ~ > m uow ~ w a aw u wa "~ FZ'. ~ x F w V£ vl U' ['J K W n w Q ~ a a w 4 ° as °w a a r m ~ a m s a ~ N ~ w a a u a w £ £ w m u N N ~ a ea a o ~ vii ~n ~n a a v N o N N ° ° a y .~a .~' m H .y ° O O N N .ti M rl O rl nl N N N <a < zo N N N N N \ N N H\\ Z\ \ \ 500 ~ Z~+ O _ wm wa Uo `~O~ q\ Poo O o \ £\o Z\ O\o 0 0 0 O o G o o ~ ° ~° ° ° w° o ° 0 0 wy o a° o a 0 ~d °° ~° ~° s m w n 4~ r ~ m Q m m m o m K ~ = m i F ~` .a] .Pi w U .« ti 3 .-err N .~ w N O O N VZ~ZI,N N O N ZUZ,, N O Z 2 N O N > N O .n K~ F m a' m 4 o n w a ~~ ~ o x m o o a q o h .. aN a.. ~dN £° 3 o H° K °o p o 2° o Z o w o o lwil o a o Q° K° wo xooo Fo w O w [~ w ZZ w Q 3 m 5 q C q 0 H Q R O O U 5 m o ° Z ~i fw~t > twu .Qi .n la+. tai. U' f4J (Q'l U' U' U' q w ~ r ~ rv ~ m O h N t m o N N O rvm NN o\ ~ o m °.. o e °.. .+.. °m °N on oa¢ ° a ° ~ ° ° ° N o W a m N W U w i w po ~ a` O ~ ~ O O C C O a ° ~ m o m F Z ~ ~ ~ ry c r ~ r .a e w m m m v ~ r r a Z~ ~ N ~ °- n .r e e w m N m .'m N d W E W 4 a ~ O ~ w a ' 2 a ' j r d . y ~ r a a a a F a s F N F H a F F O F U F Ea" m F O F F ~ F O O OF £ E OF ~+ F E 3 ~ FZ F rNZi O Y y d a a a z a a s a F a a o a a u a a d a> pp qqq O .] O ~ O N p y O d O G O 4 O ~ 0 fwil q F a p N~ Z N Z ~ Z W Z a 2 w Z 'J Z O 2 ~ 2 aF Z ~F' 3 Z 4 w W w > z > a u > a. > w > z > ~ > ~ > < > > N w a O O w N Z N N Y d~ H vi i a ul U F a '? vl ''ld" 4 N ~ Z W a o w~ w a a z w u .ai a a i o w ~ s u w °~ ~ u a u f a £ a W Fo w N ~ o D (Z» a i Y C P d N N m Yl K ri a C N W N N N h a Z ' O 0 U ti o U m p N o a O N OO O O O N m N n N u a a w e ° N o p o o ° 0 0 o a o 0 n W '~ ry N F N N N N N ~ F N \ X4 ~ ~ o IZiioo r \ N UO~ y w VI\ G~\ ~ ~ \ 40 Y i m o 0 Z o p a o w m o 0 0 0 0 o Hma O o Y a W ~ ° UO~ zo VI r N o ~ w ~ ~' 'o a am a am. m ~ w oz~ x a o„ HN a q aN aN N m d $ UN .] Om Nu~N W m h ~,° 3N 4.~i O~ Oo wa0 ~~ O .]~n 4 £ W Z~ n .] n h m 5mi V rv W o y .Ha 5~a O .Na PY N+ i 4Y qq W.i U."i W .i i~ N-i rvN+o wo .]a F o 'J o i Z? ' '~ q o W o W o F o o N o £ o ~ 0 3 o H o o Q o £ o ~aca+~o>° ~ o > a ~~ °a wo - ~ s x m m x N P O ~ P H w U_ £ O a £ ~ W W O O m 4 ~ W ~ w F Y Y Y Y S' .] .l .] .l £ m£a~> Y S S oGQ N W£ d S O U i O /i o N ill W C C d U O~ w~ Z~ O m O YI N O ry pa Ni ~ W O M i ~' ~ N O m m O m O T d d U~> H ~ a O C a rv O C O N N O N O N o m o m ~ w 5 N N W U L py 4 i 2 i W p m o O m ° O O ° P O O r VI N M~ ~ m T 0 m ~ ~'1 r r C r N ry r ^ O .~ m n O ~o n .i ~a N g g fZ.l4 n m N rv 0. i % i w wwwwww w w w w w w \ wWwxa~ w x x ' ~ ' w " U x £ £ £ £ £ £ r ~ 4 r R " a i .~ .] .] m .] c~ J .~ .~ O .] F .] w .] a a a w a a a> a wwwwww a a a m~~ a i ~ F F F U F w F S F w w w w w w F .] F W F w F m F 0 0 0 y 0 0 o w o 0 0 o a o 0 F F F F a F F w F .~ ~ J a a, F ~ F w E F ~ F N ~ ~ ^ Z h aaa44a O .] ~ Z~ O ^ qOq ~ Opp F O m O O O U U U U„ U w0 2 w0 w ~ Z w0 ~ ~ a° 'i o f z ~ Z m Z ~ Z a Z m z m ~^.1 °w °w °w w 2 C Z u i S 2 w Z x 4 o F~ W w W w w a w O w > w ££££££ w W F w w w w £ > N £ a > W > > £ > u > a > > ~ > ~ > o > ~ > w o~ w~~ w H o wwwwww am Fai W w w wwwwww w w w w aN emu, w w H w wwWaww j a a m ~' \ w' w a a O ti F F F F N F Z U F £ a o o ~~ a w o r w w w w w w o o w w ~ w ~ u ^ u x u awwwWw £ a w £ w w FO i Za r ° NNN W a K N N m N M w ~ a N N N w C F ' [°y o 0 oom o OZ ~ U °' .S d Q i m m o N °° .i .i .-i .ti .-~ .~ 0 0 0 N ry O O O w m a e a ~ cPa Oo wo ~, ~ H i \ N N N N N N \ U\ w\ F\ V^ ~ O r ° '~ '~ N N N w N \ N N N N\\\\\ O\ N\ w\ F\ S Um V o 0 0 o Z o 0 0 o m o 0 o Q o w o 4 o nZi a X, F V U m 'i O o 0 0 ~- 0 00000 o O o Xo .] 0 20 r x z° w° w u a w w w w N 4 w ~ '" a H O Z ~ K W 2 5 U a L~ C ] (9 w C K U Z Z Z ^ 3 m n ~ vFi K C tN.. Ow Ow 4„ r+ q N > ~n r; W ''w£m°z '~ 'o f~ °zm a~ .in a~°, wN.NiN w~ ~~ z~ .ao >°. X42 S WO an aN N Zn Z= ~ as .~ n u.. u.. a o Zo 4ti a.a ZZ,, w° a o w o 4 0 4 0 o P~ O O £ q o Q o O o O o WO ° j o 0 0 0 0 o Q° Ow m .Ei Z O i ^ O N ^ a '~ ~ ~ a a m w ° a m w ~ , o f w ~ > £ £ £ £ £ E £ £ £ £ ~ £ ° o a a m u^ w ^ w w ~ ~ a w w~ou ~ a ~ao~~oo~ N~ rm m o F~ Z~ z~ o r o a ° °o 'o 0 0 aau ~ >'-' '~ o oN ono or o0 or orc\-~o~~ oN moo oN oa. om b ^ W 5 r m W w t7 q O a ]~ w m m .omN m P m.+e~ m a P P ammei-e m rn inmN F2 m ~ m mm ~ . N mNm rv r N ~Pm r ^ O r r rv F F F -r .i P .+ N P P N N .r m m~ r y .i m N a i k W 3 r] a fa0 w a E F ~ r a a F a Y a a Z Z a N N N N a~ a w w O a a a o a a o 0o a w www a' u a ^^ w a F F U F Z F 3 O F F F a a a a[-. F Z F F F F 0 o w o 0 o zFF o a aaF F F F F F F ~ U F a a F > »> O H F' F OF F S. w w W OF v1 VI F O Z W W .] aaaU VI ' vl W W a as a a^ a o a~ ayyaa K Y4a4aaNW.] a S >> as C a Z r O ^ O O 2 O £ w 4 U U O a (7 a O % O 2 2 2 O P o r ^ ^ ~a ^ ^ m m ^ a w w ^ . w . a d ^ w ^ W m ry ry o ^ ao z~ z u z a z uaa ddaa x zw>wwwFao z z as z d W w W W U U m N N F W > N £ L r > w > N > Z > VI Vl w Vl VI N W Vl > W W W W m Vl VI 'J > U' > Ur a > am H a r a ~ q, W wwFF FF w M w NrwwNr-r viH 'yq qa qs iZrN r; .~ d rv i U r N H 3 a a a a a a a a .] a a a a a a m w a rL a^ u. d 4 a\ i v1 r VI d d d d d a a d a d d d d d d Y w a r'J .'l .] fu /drj~ F a O ' w r a W u a add w d a a a a a a d d d a C W 4 4 P K K 2 ^r a o ^ooooao^ 2^o^oo2a d~ W° U w a w VI VI VI VI N V) W VI W W /~ Vi N Vl d F C Z Z W F F N a `J d FO rvN.i m 4 ° n a a o 0 a a ~ ~ `1 x w N m nNN n ~N m .. P ~ ~W~ W~ F N O /I Vr O O O O N O ~O 00 O 2 i m V i ° ° a ~ m ° o0 00 ° m o00.+.im i rv o 0 oooooNNN o0 ooa W r P P P m P P P P P P P P P P P P P P P P P P P P ^ 0 ° o 0 0 0 0 0 0° ^w~ ° ° oooooo° oo rNrvrvrvrv X a r N ~ N N N N N N N N N N N\ \\\\ \\ \ \ \ \ \ \ N N \ \ \ \ \ \ \ \ UO r aFr r-r N .i OOONNN O n.~ ry000 u 'z as ° o°°°° Y U ° FO o 00000000 00°000°0 00° Uo m z o wo ° ooo°°°°o poooo°°o°° ~° Fo°°°oo r w u ~~ .o a z M zo~wo °mN zm a Y ~+ A i d 3 W d a N - ~ N N N N N N N N N N N W W a0 r w w aN Ze oO.mP O W ., w Oio aOIP Vl £ W Z r > 'J m O m r a t a N ^ O w N N 111 fl N N N U fr U N N N rl r zu z ~ a.+ U ~ Q.+ QO U O NO a~ao r a mo zoo £° wooo°oooo °°o°°°oo ., °°°oo PNrO> F w V Q° No a0 O i^ Z A £ U° W 4 W U O 2 NrIF r Z Q w w w.. r F.yN r. U a U U ° N a i S £ Z Z O O O O O O° a G O P \ ^ w i m.PN Nrv P Irv.. W w~ou ~ P ~ m mPO~mm P o\ m\ iK~Or200 NP P mN cr m m om 4a l)h i O> Z i O ut m mu~P N rr om m W O FF ~ Z 2 ' Yl P N\ N O r \\ m° as w oooo °or~ °o o~rmr o a ~ r> ° o rv o P o .. ° rv N N N N N rv N o°° a d r a w 0 fn w w a w w F ~ 1 H 6 a w w o > rv £ a y m i F w W ~ i ~ VUi am ' w 5 o A x ~o 2Q X w Sao oz u a W ow Ya UO S ' Y Z m r 0 OZ' m w ' ww0' £w2' 44z= m ~ ~ o ~ m a ~ ~ ~sz> oc~a w o w z ~o~°z~ aor~o~z ~~' wo.Ei ~z iau~>~ ' m„ p ..NN p r m~ r a mN m m Nrym~mam m io r r m N <'~ N b C r N b N N m m N N Y ~ m m N Yt w x u o w ~ a Ur „ Z W VI • • W • • (WyY~ • N ~ p £ • • W • w V r7 r'K NNa o a w a °a a ~ a of a u a a o a a ~ a o o w w w a a a a m a a> a a o a a a s owu a F F £ F ~/ F F w F w F F O F F w F w m a a 0 F a O £ O W O O O w O O w O O W' O O 5 w W W O a F O F U F F ~ F w F F W F F W F O w y y w F y W w > w m w w w U w w w w w O w >~ '.0 0 E C O O C pO O K O 2 O O O qZ O O O a K 5 £ O foil Z 2 vwl 5 .~\i Z Z Z F Z °z W 2Q. .~ Z ° Z F 41 zU .T. 2£ 451 '? W W rv w w w O W w W w W W W H w z 3 4 a 4 Fw• > > t7 > a > > K > > w > w > > OOp! ['C w w F a > W N H F 3ZZ W~^ wj W a apjw££ £ y O Z O W F ~ 4 O p C 4 £F .a] N q Xq O O> 4 ~ ~ F w a 5 W W F a 5 a a F H a a w w w w O a. a ~ u a > x 5 m m a s fvrv c o~ °o < a a a a N N N N N a Nvmi vmi vNi in vl v°~ 000 00 ~, ~ o 0 o°n upiNry O O O N O O N N O O N n UO z a c a a ~ ° °0 0 0 0 0 0000 N 2 ~ N N \ ~ \\ ~ \ w "'~ \ N N N ti O m O N O ~\ W o o ~ o O o 0 o O O O o O O O O O O > > O o ~o •+o KO o Wo 00 0 o Fo0o0o00 > F rp O Uo Z ~ 0 z ~, K w a ZU~ m a m U' r ~' 4 r ~ W W a N jN UN P N '] X r 2 N m~ M m 5rv 3 N ao fJ .~ G=. N U m Km ~'~ 00 E...a O .y C .~i w .+ r p w p a o a o o p ~ 0 ° o w° o 0 0 0 o p o Eo w0 „p up a aoa .a F Wo 00 w ~ a > ~ F w w o a a a o a ~ w W w a a a w ~~ om oa, pm pN o.. o~om 0~ 4 a £ 0 C w 3 W °n ~d ti orrrr~~r W_ W i N R L 4_ W `J F 0£0 W4 G w F W .] ~ a P°o >N £a o\ Ha yN i U W \ ~ Q P W w O 5 .. `J W FO za a m F OZ~ U 4 b F ~O N ul VI N JI ri 1(1 0 C m b m 10 M M N N rl M INN Tb O N O OP ~ ~ p m OOFNC~N N N T b M r r "I ~NW'1 rv e .+ .. r N .i ~n N N S 3 YX UU Y2 UU W h .Wi a v a a 7 541 ~ 'a aa'a W w~ o u u u u .z. w m H W .a. ~ a o z o m o ~ F z 5 o z O 5 2 Y 2 o i o m U h F U U F F O F U F £ F w£ F S F a a a a F a, a 2 a 3 (5'J J 451 5 J W F m .Ql 5 .a1 W 5 K W W W W W W W .] W r W m X a 5£ O Q Opp 4 O 41 O 4 O W O O ZUZ yU ZUZ yUy Opp 4 w M a n 2~> a 4 0 Z F z ~ Z W Z ~F/+ ~ ~ Z Z 4 Z 4 ~[ 4 K Z X m F 5 m £ w a .+ W '~ a u W w W u w w .zi w •+ ~ ° > m m h m > zy [w~ r a^ 4 W\ C .] Y 'i O 7 7 ~ ~ ''~ ~ U. ~ 5 'I. W£ W U O% O H 2~~ 3 W M .~ h N Z A O g 0 F W W T4. qqZZ WU W£X~ F% r Z W Z 5 .~] Z 7 C F ~ O f7 O U W~ 4 K 4 4 JJ O •4] 000 000 N N N N N P N N N N N N N N N NNN a o 0 o a o c ~, a a c c a w a a a vaaaa mnrvm~vmnly n ~^+.^i .+n n Nm~ ins ~~~ O rl N C Y' C< C P O P O O O O O O O O O m O Om O Om o O o O Q o o O o O o O 'a .~ N 'i fl N .~ N O o a O O O O O O O W c c P c a< c o 0000000 W i 0 0 0 0 0 0 0 0 0 ~ ry \ N \ N N \ Y 4 \ \ \ \ U W O O ry W NNN N 5 \\ \ U O O o O O O o O X ~ Z m O o O 00000 QO ~ O O ~ U O 2 ~ m p~ W W ~ F 3m £m2~ S o z n y o o o T W O ~ 4 rv O O o O o O O O O 0 m N ma i Z p I m£5~> S ~5 4UOWW oOQ O O o 0 W, 00 000 W g '1 N r \ \ ~ K Q O ~ 2 O C \ \ \ \ \ \ \ O a U h O> 2 ~ 2 W O N \ \ u a V~> ~ a r r r r r r r r r a a a a C a C C O O N N N N N N N N N N W \ \ \ \\ \ U O 0 0 N N N N N N \ \ W \ \ \\ £ m O O O O O O O o O o O O O V O o O a o a o O a o O a O o o O O w W >. ^ O Up W F W 5 5 O U ~' i1 m f W J '~ ~ U N ~ M Y y M oa o~ ..m b {~ rv C ~~ c a. . m~ u~ , . ~nn N, c» uo 4 o o Do °o Foo o ?oooo oooo £ 4 o E U F Q Q' $ ~ U U U m y 4 , 4 o W m t /1 N W VI V I \ 4mU C m P P P n O o p m m ' O o O N Ji ~p _ \ e a orvrvca N c a \ o m m oFFFFF m omm m m O om or om o m m w 5 w w m w a x w r r b P O ~ N ar m N M rv m H rl O O N O IIf P P C m m N V1 ul Yl O r r 'J F ~ u1 c p m o n b N N N P ~a N~ N H n <•• o r ^ a N m eo ry C m qp i r rv v i a n r r nn ut ( ^ N 'i i4 U P N w4£ y PN N .n a N w .w. >n £F C\ ECr a rv ~ u a \ N ~ 4P D. wo ~o pza w a X w F LZ~ O i oz u u a W 'a \ F ~ aR~ Ups W 5 U Y i 2 i m r O OZ~ m a wa0~ £ W Z ~ 4 2 ~z] ~m~ o> N N F ~ 5 m£Qa i7 oU4 w i O W W 0 U y ~ o O > Z wOH Z a a u > r p z p u £oaN~ zwmaaW ww °m us£o~ z4 aawo~a °a w r ti .a+ 2 f m o d H 2 m m a w~ F aawwpwZaw u.. a£wo w WUVw04waUN zzz£FUw za www F. W N w aSK ~pOFUw~yK2 pWwa aZRwO £££a00a£5 owwwwzumwa N N N N N N N N rl N oeea°eo<<<o nNmN Nm nutNN Win v~u~ W n .no O N N N N f'1 nl t~l N m m n o 0 o n n O O O O O O O O 'i O~ 0 0 0 0 0 0 0~ \ N\\ N N N N N N a0ooo\0000 ~p m m V1 nN uoooooaoooo m w ~ ~ O N m VI ~n b O O r rv Nm c e r rv o F F F F F F F F F F R F a Z w > z F Z N N rv 0 >o r On ~m w . yo w 44 w aau c w m w a w op ~~ww wwa a a mo°~ a a ~m .u,u a u aw a 4 Q F\> r Q W W w Q W£ ~ F F 4 ry o 4 F o F E r a F w w m F w O 0 0 F F O O b w F O O W F Z Z Z O o w l O F F £aWZ F aa.~ F ZO F \FO F \ w w aaa a uuo cum a a a Nwa~£ a aaa a £adzzz a \wF a O m 0p wwy Z w O 'a 'a O O O 4 w Y. Fy+ ra+ O r .~ 4 O Z w Z a O m C Z w w m Z 2 m S 4 Q 4 Z w W u 2 w ( w(++ w ouao w www W wwwwww w ora w > O > F w a Z > 4 4 Q '~ 0 0 0 5 5 5 > w Z [0 > .zi a p qa w vui m m ~ ry u .u. u N m y 4m £ r[w.ww p'Zyoy pyy aaa awu U F'J W O k44 000 J'.wJ 7 £,p-l a uouu aaa zzZaaa pwa °<cca O O eee N N N NCa nN~ o wwW oom rvNO N O O O O O O O O O O N N N fl H rv P U< P C C C P b C C C C P a aoooo 0 0000 00 ao oooa N a \ \ \ \ N N \ \ \ \ \ \ \ z.. '-r C \ T m \ 6 N \ \ ~ m \ \ ~ m \ \ aooo Foooooo Zo VO o Z~ooo Woo ~oooooo OOOo wo wo £ u 3 K £ 4a ~n Fa ~ w F yw .i N Nm ~ N Nrv W ZN a NN N H N .l m w O Frm OO £NNNN a.~i >~ rUio U N Zo Fo zo ~oooo ~oo0 0000000 u o0 z ? w H a O 5 S W N W22N w w ri ~ r C r N /~ N N N N r m r m mN~ o O~ O ., .~ ti N O O o O O N N N N N rv O b N N C E C d 0 a W F w a ao Kn 6~ Qm wo a .. 'J W FO 2 Q X w p o 7 m VI N N w O C C 00 NN C 0U1 a O O O O 00000 O O O < x~ i P O m ~ ~ ~ m p 0 ~ P a .« .+ C P m m m m m m .y .y m m m rl N ZS~ w 4 .~ .~ .~ a x s w a x u u w w x x u u 0 F mw H U O F o°z Q 'J pWi Y4 up w s u Y 2 w r 0 oz m a ~wa0 e 45z F 25 Q ~ a ~ O ~ F rvmO p a m£C~> ~ a04 vl p £ w a40 2r aca,r '~p~°x~ woF z as ~w.. a W u ~ > ~ o [+ [w[-o~w w[w[..w cf U ~ Z Z E FFFFF > > « ~ « > « W « « O « 2 5 5 5 5 « m « « s ~ O « a a w a w a a x a w m w m m a w a a o a a p a a a a a a a a w a a w a a~ F x 'm F h F a F ~ F F F F Q 4 Q Q Q F W F Z F O F O U' O H O O O O U' U' U' U' U' O O a O W W O ~ O 2 F O F F F> F 00000 F N F O F W W F mw F ti F w U w a F F F F F O a s O O a a a w a o a a a a aQaa~a a£ a F a a xm a u o o a o m pop 0q o a s a o 0 0 o w w o u u F 2 C z Z 5 o Z ~ Z O Z ~\ y y h Z a Z Z w w xA, w w Z z w a w o w w W w £ w w w w w w w z 2 w w > W > > F > w > > 00000 > X > > FO > 00 > £ w m a w »»> w u w z x x w p H O a aaa a x Z a W w 2 a w a 4 Q a a a C ] £ O w a F F F F F % H O Z a s h W £ w Q a Z Z Z 2 W x a s w w O a a 00000 a 4 as ww a a u a u > £££££ w £ aW uu m o .. 0 0 0 00000 0 .. 00 00 w N O ~ o a a a e a N N C y~ N P N N N N N N F .a n CO C C~ C O 'i C 0 0o v~io O O O N N o O O O O O O O N m o N < C C C N N N N N N N N N N ~ ~ r ~ ~ ~ ~ ~ ~ ~~~~ m ~ m m ~ m m m m m m m P o, 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 o O a O o 0 o O o o O o o O a O o a O o O o 0 0 o H o O o o O O w a a a w a a m w. mr+P y2y 2 a F W aNN UN 4w am Cut Yin W ~o tam vio Q a Na Cm Z N ~ NO Q 0 £ o U n w n i2i O N .v Q o 3 0 ~ v1o - a o > o £o O o Fo 2a N O M o wa o O O w£ 0 3 O o 0 0 o pa O Oi O ryFa~ o o N o O m m N F E\ F F b > > N n C m om r ~ m °m e> ~ ~ m> o cv~ ~'-r a a zU Q 3 0 '" °w w w ~ n~ w m ~ a ° F y ~ ~n r o m c ~o ~o u~ w io `J rv n u~i m r N ^ m g o ~ N a a N N "+ r rv N r W~~ a ~ N a % ° m s u w w 4 F j y [qqJ K ~~ F 4 F F U F PWl ] ~ F [) F a F m w • i H O w O O O 3 w O O 2 O o 0 5 F i i F F F > F O a F F F O F F .w. ~ o a a m m a w a a a a a a• a ~~ z a o 0 o m o W z o 0 0 ~ o o ~. a a o w a N o o W w o a 2 ~C a o W ~ W 4 a o ~ o z W z z a z W 41 z o n z a a F 40 F~ W O W W 4 W W W W m [[--.. w%O > N £ a ~ O > > w > > F F > W > F > Z > W F o~ w~~ z w .W. a N w a Qau u a y^ a n N U S yyyZ i-' a D O O W F X H 4 ~' ~ N i ~ 5 a Z w w 4 Z C O CG 4 P Q i d 3 of h 4 4 u O 3 F O w ~ y W i O 2Q W ° o a a N N % N P w C N c~. 0 0 0 0°2 ~ mo w u ~ 4 ~ o ~ N N ~ .N, m o n m w a c a p W i o 0 0 X 4 ~ N N \ VOA \ \ W ~ U W m o 0 0 o O o UO o0 X j O 6 0 Z o O O L O O i 0 ~ o O o 5 0 4, r N Xo 2 Oi m O i O2 ~ m .Wl w VIrv 4 m W i 4. W £ 4 z m we jc a~ 1452 Co 'wJN N.~i ao ZN 4N w.. o X 2 5 F o w o Z o O o U a h o a ~ o rv a ~~ a 0 O o o U o 0 0 £ o % o ~ P O~ O> O 4 N n F ~ 2 Z O m OV VI a K O O W m£ a i 7 34 3 3 2 3 3 3 3 % o O 4 m [Qi]S W i O U i m ~o ry 4 m e m42' O i l rv '° rv~ d (~ N i W > O Z i o m o rv m o e N W O ry i Z Z. ~ a M U ~> i O N O n O O O N O N N O ry O w O O ~ SARATOGA CITY COUNCIL MEETING DATE: October 6. 2004 AGENDA ITEM: ORIGINATING DEPT: Admin. Services CITY MANAGER: ~~~ PREPARED BY: Pete Kolf DEPT HEAD: Pete Kolf SUBJECT: Report on encumbrances carried over from Fiscal Year 2003/04 to Fiscal Year 2004/05 RECOMMENDED ACTION: Accept report by motion of the City Counci] REPORT SUMMARY: Encumbrances shown on the attached reports are restrictions against the FY2003/04 City of Sazatoga Budget, which aze to be carried over to the FY2004/OS fiscal yeaz budget for the City of Sazatoga. Encumbrances aze created when purchase orders aze issued. Outstanding encumbrances at the end of the fiscal yeaz represent purchase orders, which can't be paid because the goods or services purchased have not yet been received. These encumbrances are carried over to the new fiscal year. - When encumbrances aze carried over to the next fiscal year, the encumbered total in each Fund, such as the General Fund, at year end is liquidated and the amount of the encumbrance is added to the yeaz end fund balance. This, then, provides the financing needed to re-encumber the amounts in the succeeding fiscal year by providing fund balance to finance the encumbrance carryover. This does not affect the budget, which was approved for FY2004/OS by the Council in June, 2004. It does add to the FY2004/OS budget, but it is financed with fund balance which would not have been available had the encumbrances been expensed in the previous fiscal yeaz. (That is, if the goods and services had been received and expensed in the previous fiscal year.) Attached is the encumbrance update list, which shows the purchase orders, which were re- encumbered from FY2003/04. This list is for all funds and totals $516,244.77 FISCAL IMPACTS: $516,244.77 representing previous year encumbrances were added to the FY2004/OS budget and financed with an appropriate carryover of fund balance. ATTACHMENT: Encumbrance update list. H GOO q i AA A A A Ll A A Z ~ C C C O COi b q N q R]~' q N qln q~n q W q N q q N q q W q N q N glli i O41 i q q q C yb b A m A A A r- A F' A w A m A A A f' A b b> A J A w A w A N A N i y~ Z ~~ C n C b q 3 LA+1 O o O o O o O o O o O o O o O o O o O o O o O o O o O o O o i n O ~ g b m n Z - O A A A A A A A A A A A A A A b "A ~~ b b A O 3 Ll o K O K O K o K O K O K o K o K o K O K o K o K O K O K o ~ q H ~ H H C m w b A~ A J A J A J A J A J A J A J A J A J A J A J A J A J A -~ B H A ~ M VJ Y m mo mo mo ma mo mo ma mo mo ma mo mo mo mo mo oy bboHA ~~ 2 ~' Zr- Z~' 2F' Z" Z~' Z~' Z ~' Z V' Z~' 2~' Z~' Z~ Z r Z ~' ~ Zfn ~ mm 2 C~ n~ n~ nN n~ O~ n~ n~ n~ n~ n~ n~ n~ n~ O~ n~ KKK L] Co CN C CN CN CN GN CN Co CN CN CNO CN CN Co ~'O 3 30 30 30 30 3a 30 30 3 30 30 3 30 30 3 b q m~ m~ m A m~ m O m~ m y m y m y m A m i m A m A m A m A i 0] i p - p O m N J m J ~] m 9 .. .. .. .. .. N O N J w ~] N W A J J m J O i~~~ 0 0 O O O ~ ow to ~ CC'rNm T'~1ropA O< mm m ~ m mz mm P „ m W nb z SAO n ~ A N r ~n N A r a A vi m m m ~o ~ q A 3 ~H m m m o 0 o n n n n m b ~e a b ~ < m r A m m A O b b o A b a ~ O m ~ A 5 M Y ro r V1 H fn H n < < ~ Z z i O A n b c' m H m m H Z ~ ~ O ~ r H Z A z O K q m m ~ N o r c H r H a z o H m n n ~ A o Ll 3 b 3 q A n m H m m ~ < m b m Z x G m r rZi b n b O ~ ~ m m r n H m z „ Z b n C H H A A O H H H b A Z O O m m m O 3 O b A A O b n H H Z q q Z m z O m r b, b, n b m % c z m o m A umi H K ba r zry o ~ z Z q Z d ~ O Gbi Lb] 3 On C m O ~H ,2qn [H+J A ~ b tmii O fmi+ ~ ~ i Iq~l Z K m m H q O n m O V A A A N " O i qm N W m O N o O O m H m v v N ~ HY W A A W o 3 H a o 0 0 0 o m O IJ N W O O W O O V N w N N O A q i A O 4 m n H z c m m m O A m m ~ O m o o m J m m m A m q 0 A H r ~ q o ma c mn Am d b H 0 z m~ H r GI CI GI q N A r bb b 4] AA 2b r [CC O L]q qw DN qN qY qA rdw qN qd bA IpA qA q/ qY b" qA ipN rggq C ~Jb A o A o A ~o A oo A b A o A O b a A N A J A d A a b y A A A b ' In 2 ~ C n C b q /3 Vb] 00 00 00 00 00 00 00 00 00 00 00 00 00 oa 00 no ~gAmnz ~~p '.v A A h1 A A A A A A A b A A A r A r p m m n C bbA03 00 Ko Ko Ko Ko Ko Ko Ko Ko KO Ko Ka Ko Ko Ko Ko iqy iyy 'yGm Sb A J A J A J A J A J A J A A J A J b J A J A J A J A J A J ~ i O p p H Y m o m o m o m o m a m o m o m o m o m o m o m o m o m o m o o ~ zY zr- zr- zY zr- zY zY zY zr- zY zY z~ zY zr- zr- zm ~~ mm z c~ n~ n~ n~ n~ nC~ n~ n~ n~ n~ n~ n~ n~ n~ nN nN iKK o 3N 3a 3a 3o N CN CN CN CN CN CN CCNO Co C C F'p i 30 30 30 30 30 30 30 3 3 30 3o b q mo mo mm mo mo ma mo mo mo mo mo m mo mo mo H m A A A d d A A d A A A d d A A UI r 'p - O N N N N N N i b A J T O W A N W d ~p N llr N N O O r g q q 0 r FCC A~' 000~~ m rrrN 'nmmoa pC mm ~mz Nm m o .~ v ~ J F o r n J o N m 0 m 0 m m A a A d A m i q A i ~ r H m 3 3 3 r S 5 S L] G] Ci n O Gl O ^1 C ~ n q ~ b K K K A A b b b Y b O r O m A O O b Z O O O m m n n n n n C ~ Z Z o o n ~ A z A a o o z x ry s a x o r r M M N O r £m O X Z O O O O O Z Z Z Z Z !n ~ b O r b 9 m n n n ~ b b b ~yyY b q ~ Z m q m INi~ n r-r ~ Z ~ O O O b M ~ 2 m A O O fo A A L] L] O n Z A A A O H H P P N In !n m f/i fn n N S b A ~ Cl 4l n O n n n H m H b b b b b b b b b b b O m b A m n H „ ry N N R1 q q q ro A Z H m N H m N m 3mq ym m RI b n m H n P m m m b b ~ Z Z ~ ~ Z ~ K ~i 334A rni r ~ rZ+ A O A H y b b b b b r q i b H Z C C C C m m L] Ci Gi G] n r [» Zn K m mp N N N Y i r p,yb N N O O o O O H b 0 0 0 0 ~ GyOG m H r w w ~ i ZH. ~' O A A A A N A Cr y b O o O m O O O J O O o O O o O N O r O r A A Y m Vr / N N A V~ Na A o r O n m z n m M r C A C b b H O r Z r m A z mi m 41 Am N N H LiOO a a yA m m A O A m Y C C C O o 0 qw qw 9w ~p ~+ b d b d by bN b 'o 'O 'C 'Gw ~p N b ~ pIn ~ 'O 'C 'O C yAY A .t A~ A Y A J A m 'P o A w A O 'A ~ A d A w A N A N A J A O ~ N Z ~ C n C Y A 3 m Oo Oo Oo Oo Oo Oa Oo Oo Oo Oo no Oo Oo Do Oo ~n0 ~bANOZ ~~b A A A A A A A A A A A A A A A ' H ~ Y Y A 0 3 4] o Ko Ko Ko Ko Ko Ko Ka Ko Ko Ko Ko Ko KO Ko Ko ~bH ~HH Cm W`a A J A J A J A J A J 'P J 'P J .b J 'p .i A J A J A .t A J A J A J H A 'i O O b ~Z-] A \ mo ma mo mo mo mo mo ma ma mo mo mo mo mo mo poi Yo n~ n~ n~ n~ n~ n~ n~ n~ n~ n~ n~ n~ n~ n~ n~ Z m ~ K m ~ c o __ C N C N C N C N C N C N C N C p C N C N C NO 3 N 3 O 3 N 3 O Y b ' 'E O m o m o m o m~ m~ ro~ an d an d ro d m~ m~ m A m~ m A m p m '~ A d A A O O Y N V N Y Y N .. .. p. .. w P Y ~ ~ d N ~ Q ~~ b b b O O N w O N Y d Y m O Y o o 000\o m r C r N 0~ ~'*1mbOA p< ~mm N m NZ NZ W ~ J > np n ~ ~ e y W W W Y Y Y Y Y m A o D A C3 H m LAp LAO LAO Itl F A ? pb A A A A f~] Z 1~~ Z Z O b b '0 b < < G Y N p r m m Cm < b " A p A b ~yN N A i O r r r ~ C r r K K K K K n n Z ,Z m n n n m c c ~ s E E E x o n .. ~ % A m m m 3 b o b O O o o O vbi b ~ m m A A A A A m Z m m m z n n n r r r r r ~ ~ n n n n y o 0 o b b s z E ~' H A A 'A Y b b 'E £ £ m Z' m m m Lp0 m m m H n n n n n H ~ ~ ~ ~ ~ c .G. H A mn A ~K YH z z z H z z z z z o Z n n n n n n n n n m ~ m K m n mo N N O ~ O O i gym] y 0 ll~ j C y ~ N N w w N N yz ~ H da '> d d o 3 0 0 0 0 0 o Y o o N u Y o o N A a A w O 4 m n H m A " N N O O j w IP ~<~VDI O o o O m o J o O b O Y O N ll~ i ID m A m A O A H Z r 3 A p mY c mn Am O b H i 2 i m w .~+z p 3 bAn Mb0 ZC 2tn'IH n O A m H o ~ r J m VI A i bAA L] A'A 000 A om CC C O Lob '0 .' 'G to ~n ~p a ro> A w ~p ~- ro N ro A r- ro w ; o vi ~ v ro ro C yA b A m A m A a A m P Y A a+ A N A to A ~' H m A m ; y Z ~ C n C b A 3 m Oo Oo Oo Oo Oo Oo Oo Oo Oo Oo Oo in0 ~roANnS ~~^ A A b m 'A A A A p1 A A ' A ~i b Y A O 3 L] o K o K O K O K o K O K O K O K O K o K O ~ b Hpq i H H C m W b A J A J A J A J A J A J A J A J A~ A J A J I C Y ~ m m 2 m r OOOHA o m a m o m o m o m o m o m o m o m o m o m o o w zH zY zH zH zY zY z'- zH zH z'- zY ~zN mm z c~ n~ n~ n~ n~ n~ n~ n~ n~ n~ n~ n~ KKK n e CN CN CN CN CN CN CN CN CN CN CN iY0 i 3 0 3 0 3 0 3 0 3 0 3 0 3 0 3 0 3 0 3 0 3 o i b i A N O m O [0 O N O m o m O m O DI A m a m~ m A VI i A Y A A a a a O N V O V i .. .. .~. .. b A O N m Y P O ~ N P N N O ~~FFF~ N 000 ~` rrrN 'i 'p M '~1 O a CG mm N N N N ~ i n O N Z SAO n N W W W W w m ~o w m m H A C i H m G C C C C C H m (n A A < i C H r w Z Z H C C y b ' Z Z ~~ O r H H H H H Z H m C d r VI m t*1 m m m m O M Z m N O r K U O O O O ~ N E r A O n O L) L] G] L1 m K n Z ~ m m m m m m o -Ni 3 A m ~ m m m m m m mAi m x m r m m H ZZ y2 Z Z Z m 3 C Y m ' n Z A A A A 'A N O A F A Z O F F F X F n !~ C y Z b 3 n o z Z z Z Z " m ;~ ~ ~ ~eK m n n n n n m m n mo N H ro N W mm N ~ b Obw N n ' H y m m Y o yOy m H N ~Y ~' Z H o a O a O o a 3 ' m 0 0 o m o o r N Y o o i A 9 m O 4 m m i Z p m N m m J N A J o O A O lli ~ i n m A m A 0 A H Z r c C i 3 'o M ~ Am O b H O 2 ma SARATOGA CITY COUNCIL MEETING DATE: October 6.2004 AGENDA ITEM: ORIGINATING DEPT: Admin. Svc. CITY MANAGER: O-~~ PREPARED BY: Pete Kolf DEPT HEAD: Pete Kolf SUBJECT: A resolution of the City Council of the City of Saratoga authorizing an amendment to the budget of Fund No. 310, Park Development Fund, for FY2004/OS to provide for a transfer of Quimby Act money to Fund No. 354, Park and Trail Fund in the amount of $54,000 to alleviate a shortfall of revenue in FY2003/04. RECOMMENDED ACTION: Approve a resolution REPORT SUMMARY: In Fiscal Yeaz 2003-2004, Council approved a transfer of $98,369 to the Capital Improvement Program, Park and Trail Fund, Fund No. 354, from the Park Development Fund, Fund No. 310 representing money received under the Quimby Act which is collected when building permits aze issued. Quimby Act money can only be spent on Pazk capital projects. Unfortunately, insufficient building pennits were issued in FY2003-2004 to complete the transfer resulting in a shortfall of $54,000 needed in the Park and Trail Fund, Fund No. 354, to complete the financing of CIP projects already approved by Council. The Public Works and Planning Department anticipate that the needed building permits will be issued in FY2004-2005. It is estimated that total Quimby Act money of $82,800 will be received this yeaz. This action will rectify the shortfall experienced in FY2003-2004 and provide the needed financing to complete the Park and Trail Fund approved projects. FISCAL IMPACTS: There are no appropriations in Fund No. 310, Pazk Development Fund. This action will appropriate $54,000 to be transferred to Fund No. 354, Park and Trail Fund for park purposes appropriately funded with Quimby Act money. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Park projects already approved by the City Council will not be completed. ATTACHMENT: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE BUDGET OF THE PARK DEVELOPMENT FUND, FUND NO 310, FOR FY 2004/05, TO AUTHORIZE A TRANSFER OF QUIMBY ACT MONEY TO THE PARK AND TRAIL FUND, FUND N0.354. WHEREAS, Quimby Act money is collected in the Park Development Fund, Fund No. 310 ,when building permits are issued and can only be used for park projects; and WHEREAS, the amount of Quimby Act money received in FY2003/04 was insufficient to transfer to the Park and Trail Fund, Fund No. 354, to pay for park projects which were approved and budgeted by the City Council of the City of Sazatoga; and WHEREAS, it is estimated that building permits issued in FY2004/OS will provide sufficient Quimby Act money to transfer to the Park and Trail Fund, Fund No. 354, to finance said projects. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Sazatoga that the following amendments be made to the budget of the City of Saratoga for FY2004/O5: 1. The amount of $0 now budgeted in account No. 310-9090-597-10.00, Operating Transfers Out, in Fund No. 310, Park Development Fund, be increased to $54,000. 2. The amount of $0 now budgeted in account No.354-1040-490-10.04, Transfer In, in Fund No. 354, Pazk and Trail Fund, be increased to $54,000. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6`h day of October, 2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ann Waltonsmith, Mayor ATTEST Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: October 6. 2004 AGENDA ITEM: 2F ORIGINATING DEPT: Admin. Services CITY MANAGER: PREPARED BY: Pete Kolf DEPT HEAD: Pete Kolf SUBJECT: A resolution of the City Council of the City of Saratoga to amend the budget for FY2004/OS to provide financing in the amount of up to $1,000 for the purchase of tax defaulted property adjacent to Hakone Gardens Park from the County of Santa Clara as originally approved by resolution 01-029 dated May 16, 2001. RECOMMENDED ACTION: Approve resolution REPORT SUMMARY: On May 16, 2001, the City of Saratoga entered into an agreement with the County of Santa Clara to purchase tax-defaulted property adjacent to Hakone Gardens Pazk for the sum of $800.00. Santa Claza County expects the transaction to be completed in November, 2004. An amendment to the budget for FY2004/04 for the Park Development Fund, Fund No. 310, is necessary to provide funding for the acquisition and a $200 contingency for incidental costs. FISCAL IMPACTS: No major impacts CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: We won't obtain the parcel. ATTACHMENT: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FY2004/OS TO PROVIDE FINANCING FOR THE PURCHASE OF TAX-DEFAULTED PROPERTY ADJACENT TO HAKONE GARDENS FROM THE COUNTY OF SANTA CLARA WHEREAS, the City of Saratoga entered into an agreement with the County of Santa Clara on May 16, 2001, to purchase tax-defaulted property adjacent to Hakone Gardens Park, and WHEREAS, the County of Santa Clara expects the transaction to be completed in November, 2004, and WHEREAS, it is necessary to amend the final budget for fiscal yeaz 2004/05 to provide financing for said purchase, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that the following amendment be made to the final budget for fiscal yeaz 2004/05 to provide the needed financing: 1. The amount of $36,800 now appropriated in account no. 310-9898-999- 99.30, Unobligated Reserve, of Fund No. 310, Pazk Development Fund, be reduced by $1,000. 2. The amount of $0 now appropriated in account no. 310-3030-443-04.00, Public Works, Park Development, of Fund No. 310, Park Development Fund, be increased by $1,000. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regulaz meeting of the Sazatoga City Council held on the 6`h day of October, 2004 by the following vote: AYES: NOES: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 ORIGINATING DEPT: City Manager's Office -~ PREPARED BY: AGENDA ITEM: CITY MANAGER: v ~G'~~'~ DEPT HEAD: SUBJECT: Claim of Clinton Rosenthal -Claim No. GL-055673 RECOMMENDED ACTION: Adopt resolution to authorize ABAG to settle the claim and appropriate funds from Council contingency. REPORT SUMMARY: On March 29, 2004 the claimant submitted a claim asserting that a tree fell on its' insured's vehicle was owned by the City of Saratoga. The City's claims examiner reviewed all documents provided by the claimant and City staff, and recommends that the City Council settle the claim in the amount of $5,968.12. FISCAL IMPACTS: The funds would be appropriated from Council Contingency- 001-1010-511-5002. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide to reject the claim. FOLLOW UP ACTION: Send authorization to ABAG to settle the claim. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Resoltuion. RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING ABAG TO SETTLE A CLAIM AND AUTHORIZE AN AMENDMENT TO THE 2004-2005 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE ALLOCATED TO SETTLE THE CLAIM WHEREAS, on March 24, 2004 a claim was filed against the City resulting in a recommendation from ABAG to settle the claim in the amount of $5,968.12; and WHEREAS, in the 2004-OS Budget, Council Contingency (account #001-1010-511-5002) was designated as the funding source to pay liability claims. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby authorize the appropriation of $5,968.12 to be used to settle a claim (filed by Farmer's Insurance on behalf of their inswed, Clinton Rosenthal) from Council Contingency. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of October 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk 09/29/2004 13:01 FA% 5104647979 ABAG PLAN ASSOCIATION OF BAY AREA GOVERNMENTS Representing Ciry and County Governmenu of the San Francisco Bay Area September 29, 2004 Cathleen Boyer, City Clerk City of Saratoga 13777 Fnzitvale Avenue Sazatoga, CA 95070 ABA G P L A N C O R P O RAT J O N Claimant Farmers Insurance Group, as snbrogee for Clinton Rosenthal Date of Loss 2/16/04 Type of Loss Tree fell on vehicle Loss Location 14433 Wildwood, Saratoga, CA City Claim No. SA-? ABAG Claim N o. GL055ti73 SUPPLEMENTAL CLAIM REPORT Dear Ms. Boyer: ABAG CLAIMANT'S ALLEGATIONS: The claimant, Farmers Insurance Group, has presented a subrogation claim for damages sustained when a tree fell on a vehicle owned by its insured, Clinton Rosenthal. The claimant alleges that the tree in question was owned and maintained by the City. LIABILITY: Probable. As noted in my report of 9/8/2004, it appears the plimazy cause of this loss was overgrowth and interior rot that weakened the tree, compromising its integrity so it was vulnerable to the windstorm. The City has no records of any inspection or maintenance performed on this tree located within Wildwood Pazk. DAMAGES: We noted in the previous report that the claim amount differed from the repair estimate by $300. We followed up with the insurance carrier to clarify this difference. Unfortunately, the claimant discovered that they neglected to provide us with an invoice for repairing the cloth cover on this Volvo convertible. Once they made a complete inspection of the vehicle, they discovered that the top frame was bent and could not be repaired. I am enclosing copies of the supplemental information submitted by the claimant. The original amount submitted with this claim was for $4,758.30. The supplemental information shows a convertible top repair totaling $2,429.87. In addition, the insurance carrier paid its insured $700 for loss of use of the vehicle for 14 days. These total charges add up to $7,888.17 Mailing Address: P.0-8ox 2050 Oakland, California 94bIM-2050 (510)464-7900 Fax: (510)46G-7989 plan@abag.ca.gov Location. Joseph P. Bart MetroCenter tot Eighth Street Oakland, California 94507-4756 ~jool 09/29/2004 13:01 FAR 5109647979 ABAG PLAN f~J002 Claimant: Farmers Insurance Group DOL: 2/16/04 ABAG Claim No.: GL055673 Page 2 DAMAGES (continued): In reviewing the documents submitted by the claimant, I discovered a few discrepancies. On the invoice for the convertible top repair, there is a note indicating that the invoice amount should be reduced by $150 since the hourly labor chazge was excessive. In reviewing the original Fanners adjuster's estimate, we d etermined t hat a m istake h ad b een m ade o n l ine i tem # 16. I nstead o f c hazging $ 24.50 a nd s ix minutes' labor to replace the Volvo emblem, the adjuster mistyped the entry to show 24.5 labor hours. At $62 per labor hour, this reduces the repair estimate by $1,512.80. The claim for damages is adjusted accordingly: Estimate: Body labor (15.4 hours x $62/hour) $ 954.80 Parts 682.12 Paint labor 880.40 Paint materials 369.20 Sublet/misc. chazge 15.00 Tax (based upon $1,051.32) 86.73 Invoice: Convcrtible top replaced 2,279.87 Loss of use: 14 days x $50/day 700.00 Total revised claim: $5,968.11, RESERVES: We aze adjusting the property damage reserve to $5,968.12, reflecting the additional damages being claimed. This reserve will be adjusted accordingly, as additional information is received. RECOMMENDATION: Based upon the information noted above, it is recommended that the City offer to settle this claim. We aze requesting authority from the City to settle this claim for up to $5,968.12 based upon the calculations noted above. COMMENTS: I will diary this Sle 15 days to follow up with you regazding whether or not the City will be authorizing us to proceed with settlement on this claim. If you have any questions or comments about this or any other matter, please contact me at (510) 464-7936. Y,ori Hardacre, ItPA, AIC, AIS Claims Examiner ABAG PLAN (510)464-7936 09/29/2004 13:_01 FA% 5104697979 ABAG PLAN ¢J 003 SEP 1 7 2004 ABAG PLANCORP. Natioaal Document Ceatet FARMER 5 ro. Box z6B992 Oklahoma City, OK 73126-8992 claunsdocument@ fazmersinsursnce.com Fax:877-217-1389 09/14/2004 ABAG Attn: Lori I~fardacre Po Box 2050 Oaklatld , CA 94604-2050 Re: Our Insured: Our Claim # Date of Loss: Your Insured: Your Claim # Amount Owed: Dear Lori Hatdacre: Clinton Rosenthal 099 SUB 1004495198-1 02/16/2004 City Of Saratoga GL-055673 $7,738.17 Please be advised that our insured's vehicle has required additional repairs in the a**+m~M of $2429.87. We Dave also made an additional loss of use payment in the amount of $700. These additional paymerlts Dave increased the total amount due us to $7738.17. Our support for the additional amount is attached. Please review our supplemental demand and forward payment within 15 days to the address above. Sincerely, Fazn~ers~Ixn~sujrancce-Ex~c'hange U Jv~ Jermifer Smith Senior Subrogation Reprrsentative 951-243-6098 Jennifer.smith@farmersinsurance.com 09/29/2004 13:02 FA% 5104647979 ABAG PLAN ~ ~ ~' ~~ ~ ~~ ~ Q tl ~~ E °° a ~ ~ ~ 4 A o ~ O O Q T ~ M LL U ~ N ~ ~ W N '~ O. ~ ~ e O ~~ a o g d ar ~ ~ {~ DIY rn U W N 0 M' U m ti `~ ^_ ~ r Z00/Z0 0 ~ O N C~ r O r V Z_ O U 7 eo ~ ¢i c ~ = v ~ a ~~ z 9 ~ ~~ o_ m u m '- O ~~ ~? ~ ~ s~ c v m ~U m m ~m pryry`m m Z m ~i D a U 1~- a Sa ~ i a~ a~ D •~ Z J~ > w O V w w U ~ as a ~ ~ v ¢ ¢ z g a0 ~ ~ N aq O IDb A O r N'^ O ~ m0~ ~ ~ ,r %N5.LS70HdI1 Y III21T 1IOOSYfi m s a ~ - ~ L a ~ tL D! ~ m m '-~ O Q ~', a o, gg° ~ ~i 5 '1' ~~o ~ o rc ~~~ LL ~ ~~~ v _ C o p d >~ ~ ~ap° p • ~amd~~~~ ~LLEU~O~g~LLm EO]a,o~c~~~ N H O S (V .. v D TZSOLZL80DT YYB L6:ZZ 4002/GD/60 f~j 004 O ~ o N a"0, N p O N ~ N ~@ o ~ ~ ~~~ ~ ~ o II N ~ 11 Pn °o W ~ 3~ a ~ "' w m ~ a s= ~ ue ~ w o O ~ T 09/29/2004 13:02 FA%_5104647979 ABAG PLAN Farmers Insurance Exchange Rental and Loss of Use Case Law California law is quite clear on the facts that the owner of a damaged vehicle may recover damages for loss of use of his vehicle. VALENCIA V • SHEI-I- OIL. (1944) 23 C. 2d 840, 147 P2d 558. The owner may recover damages for loss of use whether he or she in fact renu another vehicle or not. MEYER V BRADFORD (1921) 54 CA 157, 201 P. 471; MALINSON V . BLACK (1948) 83 C.A2d 375,188 P. 2d788. Loss of Use Endorsement E1167 4"' Edition: Option Applies when the loss exceeds the deductible amount applicable under PART IV of your &Z Reader Caz Policy. K-1 ' $10 per day while your insured caz is in the custody of a garage for repairs resulting from a collision. The maximum payable is $100.00. If your insured. car is a total loss (regardless of salvage value) we will pay you $100.00. K-2 $15 per day for a maximum payable of $300.00 ' - K-3 If coverage K-1, K-2 or K-4 loss occurs more than 50 miles from your residence we will pay for the reasonable and necessary extra expense for commercial transportation, gasoline, lodging and meals incurred to return your insured caz, after it is repaired to your residence. The maximum payable for your return expenses is $200.00 K-4 $25 per day for a maximum payable of $500.00 K-5 $50 per day for a maximum payable of $1,000 The insnrance afforded by this endorsement does not apply to any collision or comprehensive loss occurring before the effective date of endorsement as shown in the Declaration. This endorsement is also subject to the following provisions: 1. Coverage applies only to your insured caz other than a private passenger car, utility caz, or utility trailer not owned by you or a family while being temporarily used as a substitute vehicle. 2. If you are paid under this endorsement; we shall have your rights to seek recovery. 3. The premium charged for this insurance is fully earned unless the eatire policy is cancelled. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. f~ 005 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manger's Office CITY MANAGER: ~~~ PREPARED BY: DEPT HEAD: SUBJECT: Silicon Valley Regional Interoperability Project -Joint Funding Agreement Amendment RECOMMENDED ACTION: Authorize the City Manager to execute an Amendment to the Joint Funding Agreement with other Santa Clara County cities to update the current scope and authority of the Project. REPORT SUMMARY: BACKGROUND The attached Amendment provides an update on the status of the Project, documenting the funding received to date on the SVRIP; it redefines and updates the purpose of the project to coincide with new information available on this important issue; allows for partnerships with other government agencies and private enterprise. It establishes a website, allows for demonstration "pilot" projects; expands the composition of the Steering Committee to reflect a need to have a County Executive on the Committee and a representative from the San Jose UASI. It provides for the addition of new AdHoc members. The Amendment contemplates the future of interoperability and provides enough scope and authority to ensure the project can continue moving forward. It further defines the fiscal agent responsibility, which, along with legal services, has been provided by the City of Mountain View on this Project. Under this Amended Agreement, the SV1tiP can continue in its efforts to achieve interoperability and build on the successes to date on the Project. FISCAL IMPACTS: To date the Project has secured more than $9 million in federal grant funds. No appropriation of monies by the City Council is required at this time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: An agreement would not be executed and the City would not be a part of the Interoperability Project. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Execute amended agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Staff Report from September 5, 2001 - (Historic Background) Attachment B -Original Joint Funding Agreement Attachment B -Amendment 1 2 SARATOGA CITY COUNCIL MEETING DATE: September 5, 2001 ORIGINATING DEPT: City Manager PREPARED BY: AGENDA ITEM: ` <,~. CITY MANAGER: ~~~ DEPT HEAD: SUBJECT: Radio Interoperability and Public Safety Data Communications RECOMMENDED ACTION: Staff recommends that the Council authorize the City Manager to execute a Joint Funding Agreement with other Santa Clara County cities to fund a professional services contract with William L. Doolittle & Associates for the purpose of establishing a Radio Interoperability and Public Safety Data Communications Network at a cost to the City of $19,500. REPORT SUMMARY: _ Backeround Public safety agencies in Santa Clara County have been confronted with a number of performance issues over the past few years associated with the inefficient and untimely exchange of information, a lack of inter-agency field communication, and unnecessarily long call processing times. These limitations severely impact the delivery of timely and quality law enforcement, fire and emergency medical services throughout the County. In 1998, at the direction of the Santa Clara County/Cities Managers' Association, the Santa Clara County Police Chiefs, Fire Chiefs and Communications Managers formed two working groups to study interoperability issues for two projects: voice radio and data communications. The working groups include representatives from law enforcement and fire agencies from Palo Alto, Mountain View, Sunnyvale, Santa Clara, County of Santa Clara, Campbell, Morgan Hill, Milpitas, Gilroy, Los Gatos, Monte Sereno, Los Altos, Los Altos Hills, San Jose, Saratoga, San Jose State University, South Santa Clara County Fire District and the Santa Clara Valley Water District. The City of Palo Alto is taking a leadership role, by serving as Director for the project. The working groups identified a number of potential solutions that could assist a single agency, or agencies that bordered each other, but none of the solutions provided for a 1 of 4 t comprehensive approach that could meet the collective need to share information and communicate with each other, regardless of jurisdictional boundary. In June 2000, the City of Mountain View issued a Request for Proposal (RFP) on behalf of the participating agencies soliciting professional services for the Public Safety Data Communications Network portion of the project. This network would "virtually" link all the public safety agencies in the County and provide the capability for information exchange and dispatch monitoring capability. Nine (9) proposals were received and ranged in cost from $250,000 to $1.3 million. After careful screening and very detailed presentations by the three finalists, William L. Doolittle & Associates, Inc., was selected for the project. In October 2000, the Radio Interoperability Work Group completed its conceptual design for a system that would patch radio equipment between agency dispatch centers and enhance radio communication. The final design connected audio from any radio channel or frequency to other agencies via high-speed phone lines and data connectors and allowed field users to communicate without requiring them to change radio channels in the field during an emergency incident. It was at this time the discovery was made that the conceptual design for the proposed voice network could also serve as a data network. Discussions were held with William Doolittle & Associates anal the Managers Association regarding the efficiencies and economies of integrating both projects. The decision to merge these two projects and form a single Radio Interoperability/ Public Safety Data Communications project was approved by the Managers Association. A Communications Steering Committee was established to serve as an oversight committee for the project. A copy of the organizational structure for the project is provided in Attachment A. Discussion Participation on the Radio Interoperability/Public Safety Data Communications Network Project provides a great benefit to the citizens of Saratoga. By partnering with other local municipalities, the Santa Clara Sheriffs Office and our two fire districts will reap the benefit of information gained through this project. Ensuring that the Sheriffs Office and Fire personnel can seamlessly communicate in the field during an emergency, without interruption and regardless of jurisdiction, has a profound public safety benefit. Any delay or interruption of critical field communication can have serious consequences. Communications problems associated with such high profile disasters as the Oklahoma bombing and the Columbine School incident has brought this issue to the forefront of public safety on the national level. These examples illustrated the problems associated with numerous agencies being unable to easily communicate with each other during response and aftermath. 2 of 4 .t To facilitate the funding of this project, a Joint Funding Agreement (JFA) was drafted to outline the terms and conditions for the partnership of the Nineteen (19) Participating Agencies. Each participant, regardless of jurisdiction size, is funding an equal portion of the cost for this project. In addition, a negotiation with William L. Doolittle & Associates was conducted and a Professional Services Agreement (PSA) was completed. A copy of the PSA and Scope of Work for the Project is provided in Attachment A. These agreements (professional services and JFA) cover the first two phases of this project. During Phase I of the project, Doolittle & Associates will collect information on existing public safety systems (hardware and software), mutual or automatic aid agreements between jurisdictions, current and future technology projects and other relevant data from each of the participating agencies. Using information gathered in Phase I, Phase II will provide recommended solutions for solving the Radio Interoperability and Data Communications Network issues. At the end of Phase II, Doolittle & Associates will provide each of the participating agencies with a final report detailing the recommended alternatives. A "cafeteria style" approach has been requested which will provide options that best meet the needs of individual jurisdictions and the collective group of public safety organizations as a whole. After review of the Phase II final report, decisions can be made regarding the funding end implementation of Phase III of this project. Phase III will cover the purchase and installation of the network by individual agencies and/or collectively as part of participating agencies. If a decision were made to move forward collectively, additional professional services agreements and a more formalized Joint Powers Authority (JPA) would be required. FISCAL IMPACTS: The total cost of Phase I and Phase II. of the Radio Interoperability and Public Safety Data Communications Network project is $370,490. As an equal partner in the JFA, Saratoga's share of the $370,490 project cost is $19,500. Funding for this project is provided in the Fiscal Year 2001-02 operating budget. No additional appropriation of monies by the City Council is required at this time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The city would not have a Radio Interoperability and Public Safety Data Communications Network. 3 of4 ALTERNATIVE ACTION: J N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A: Santa Claza County Data Radio and Communications Network Joint Funding Agreement 4of4 SANTA CLARA COUNTY DATA AND RADIO COMMUNICATIONS NETWORK JOINT FUNDING AGREEMENT This Joint Funding Agreement ("Agreement") is made by and between the Cities of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Claza, Saratoga, Sunnyvale, South Santa Clara County Fire District, the County of Santa Clara, San Jose State University and the Santa Clara Valley Water District. Recitals WHEREAS, the Santa Claza County/Cities Managers Association has established a Santa Clara County Data and Radio Communications Task Force for the purpose of creating countywide radio interoperability and a public safety radio and data communications network to enable the real time exchange of event and resource data between automated and nonautomated Public Safety Communications Centers within Santa Clara County to improve public safety and emergency services by enhancing field communications during emergencies and reducing response time of emergency resources and WHEREAS, the cities of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale, South Santa Clara County Fire District, County of Santa Claza, San Jose State University and the Santa Claza Valley Water District (individually referred to as "Network Participant" and collectively "Network Participants") all desire to contract with a single consultant to design county wide radio interoperability and a public safety radio and data communications network system that can be implemented in each of their respective agencies at a significant cost savings to each Network Participant; and WHEREAS, through a competitive bid process, the Santa Claza County/Cities Managers Association has selected consultant William J. Doolittle and Associates, Inc. to conceptually design and develop an implementation strategy for county wide radio interoperability and the public safety radio and data communications network; NOW THEREFORE, each Network Participant agrees as follows: A. Purpose In accordance with California Government Code Section 6502, the purpose of this Agreement is to jointly exercise the contracting power of all the public agencies that are Network Participants to this Agreement to retain the professional services of William L. Doolittle and Associates, Inc. (hereinafter referred to as DOOLITTLE) to conceptually design and develop an implementation strategy for countywide radio interoperability and a public safety radio and data communications network and realize a significant cost savings. B. Authorization Each Network Participant is authorized by its respective governing body or Board of Directors to enter into this Agreement to jointly exercise each Network Participant's individual power to retain the services of DOOLTI'TLE for the sole purpose of conceptually designing and developing an implementation strategy for countywide radio interoperability and a public safety radio and data communications network. C. Agreement for Professional Services Through a formal bid process, the Santa Clara County/Cities Association selected DOOLITTLE's bid for the conceptual design and development of an implementation strategy for county wide radio interoperability and a public safety radio and data communications network for Three Hundred and Eight-Nine Thousand and Nine Hundred and Ninety Dollars ($389,990). A copy of the professional services agreement, including DOOLTfTLE'S scope of work is attached hereto as Attachment "A". D. Communications Steering Committee 1. Dele¢ation of Power: Each Network Participant hereby delegates to the Communications Network Steering Committee its individual power to (1) execute the professional services agreement with DOOLTTTLE attached as Exhibit "A" in the name of the Network Participants and (2) the ability to administer the agreement, including, but not limited to the power to authorize payment for services rendered under the agreement and the power to terminate the agreement on behalf of al] Network Participants. 2. Composition: The Communications Network Steering Committee shall consist of the following five (5) representatives appointed from their respective associations: a. A City Manager from the Santa Clara County/Cities Managers Association; b. A Fire Chief from the Santa Clara County Fire Chiefs Association; c. A Police Chief from the Santa Clara County Police Chiefs Association; and d. Two representatives from the Public Safety Communications Managers Association Proiect Mana¢er: For purposes of this Agreement, the Technica'1 Services Coordinator for the Palo Alto Police Department and the Manager of the Technical Services Bureau for the Sunnyvale Department of Public Safety shall be designated the Project Managers. The Communications Network Steering Committee is authorized to appoint a different member as Project Manager provided that written notice is given to the Network Participants and DOOLITTLE. E. Funding 1. Proportionate Share of Fundine. Each Network Participant shall shaze the expense for DOOLTTTLE'S professional services equally. The amount of each Network Participant's shaze shall be Twenty Thousand Five Hundred and Twenty-five Dollars and seventy-nine cents ($20,525.79). This amount was derived by dividing the total amount due for DOOLTI"TLE'S services under the attached professional services agreement by nineteen (19), which is the total number of the Network Participants. 2. Payment Due Date: Each Network Participant shall make no more than two payments to the City of Mountain View. Fifteen Thousand Dollazs ($15,000.00) is due no later than August 1, 2001 and the balance of Five Thousand Five Hundred and Twenty Five Dollazs and seventy-nine cents ($5,525.79) must be received by the City of Mountain View no later than December 31, 2001. Payments shall be made payable to the City of Mountain View and sent to the attention of the Finance Department, 500 Castro StreBt, P.O. Box 7540, Mountain View, CA 94039. 3. Agencv/Internal Trustee Account: The City of Mountain View shall deposit all the payments it receives from the Network Participants into an Agency/Intemal Trustee Account. In lieu of an administrative fee for administering the account, no interest shall accrue to the account. Upon receipt of written authorization from the Communications Network Steering Committee or its ,.. designee, the City of Mountain View shall make progress payments to DOOLTTTLE on behalf of the Network Participants for services rendered to conceptually design and develop an implementation strategy for a county wide public safety radio and data communications network. 4. Use of Fundine: The City of Mountain View shall use any monies received under this agreement for the sole purpose of paying DOOLITTLE for professional services rendered pursuant to the agreement attached as Attachment "A" and only upon written authorization of the Communications Network Steering Committee or its designee 5. Accountine: No more than twice per fiscal year and only upon receipt of written request from the Communications Network Steering Committee, the City of Mountain View will provide an accounting of the monies paid from the Agency/lntemal Trustee Account to DOOLITTLE for professional services rendered, the account balance and supporting documentation to the Communications Network Steering Committee. 6. Disnosition of Anv Remainine Funds: If funds totaling One Hundred Dollars ($100.00) or more remain in the agency account when the professional services agreement is terminated, then the City of Mountain View shall pay each Network Participant its proportionate share of the amount remaining. F. Indemnification In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Network Participants pursuant to Government Code Section 895.6, the Network Participants agree that all losses or liabilities incurred by any Network Participant shdll not be shazed pro rata but instead each of the Network Participants agree that pursuant to Government Code Section 895.4, each of the Network Participants hereto shall fully indemnify and hold each of the other Network Participants, their officers, boazd members, employees and agents, harmless from any claim, expense or cost, damage or any liability arising out of the performance of this Ageement, payments made by the City of Mountain View to DOOLII'TLE or the acts of the Communications Network Steering Committee. G. Notices Al] notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other Network Participants at the addresses set forth on the signature pages of this Agreement or at such other address as the Network Participants may designate in writing in accordance with this section. H. Governing Law This Agreement has been executed and delivered in, and will be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement will be in the County of Santa Clara. I. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with the applicable law or stricken, if not so conformable, so as not to affect the validity or enforceability of this Agreement. The Network Participants have caused this Agreement to be executed by their duly authorized representatives. CITY OF CAMPBELL ---.. -- -- B Stro' ,City Manager City f Ca ell 70 orthFirst Street Campbell, CA 95008 ' CITY OF CUPERTINO David Knapp, City Manager City of Cupertino 10300 Torre. Avenue Cupertino, CA 95014 CITY OF MONTE SERENO~ ^ CITY OF. LOS ALTOS Phil Rose, City Manager City of Los Altos 1 North San Antonio Road Los Altos, CA 94022 TOWN OF LOS GATOS Debra Fi T Manager Town of Los Approved as to form: 110. East Main Street Post Office Boz 949 Los. Gatos C2, .95031 p .Korb, Town Attorney CTTY OF MILPTTAS I1.67nQA om Wilson, Ci anager City. of Milpitas 455 East Calaveras Boulevard Milpitas, CA 95035 BrianT,oventhal,Gty Manager City of Monte Sereno 18041. Saratoga-Los Gatos Road Monte Sereno, CA 95030 CITY. OF MORGAN HILL Ed Te es, City Manager City of Morgan Hill 17555 Peak Avenue Morgan Hill, CA 95037 OF LOS,4LTOS Maureen Cassingham, l owi Town of Los Altos Hills 25379 Fremont Road Los Altos-Hills, CA 94022 CITY OF MOUNTAIN V1EW Kevin Duggan, C~SCiZnager City of Mountain View 500 Castro Street Post Office Box 7540 Mountain View, CA 94039 ~~ CITY OF PALO ALTO Frank a est, City Manager City of Palo Alto 250 Hamilton Avenue Post Office Box 10250 Palo Alto, CA 94303 CITY OF SAN JOSE _ ~ lENSEN soiihT~us"t Slfeet;R~~hi ~~NAGER San Jose, CA 95110 CITY OF SANTA CLARA enuifer aracino, ty Manager rty of ants Clara 1500 Warburton Avenue Santa Claza, CA 95050 CII'1' OF SARATOGA OQ._.%~~~-- Dave Anderson, City Manager City of Sazatoga 13777. Fruitvale Avenue Sazatoga, CA 95070 CITY OF SUNNYVALE ~, ,. ~,:~~ .o~ Bob LaSala, City"Manage~ City of Sunnyvale 456 West Olive Avenue Post Office Box 3707-94088 Sunnyvale, CA 94086 COUNTY OF SANTA CLARA Q.~,~..r. ~r~;k3~,, Richazd Wittenberg, County Executive Santa Claza County 70 West Hedding Street Eleventh Floor, East Wing San Jose,. CA 95110 SAN JOSE STATE UNIVERSITY ~( `~ Ric Abeyta, Chief o ice San Jose State U ers~ty Police One Washington Squaze San Jose, CA 95192 SOUTH SANTA CLARA COUNTY FIRE DISTRICT ~~~~n~ -- Steven Woodill, Fire Chief South Santa Clara County Fire District 15670. Monterey Street , Morgan Hill, CA 95037 SANTA CLARA VALLEY WATER DISTRICT ~'.~, , rte v ~ ~~lt~? ~ Signature ~~ Name & Title Santa Claza Valley Water. District 5750 Almaden Expressw9y San Jose, CA 95118-3614 SECOND AMENDED SANTA CLARA COUNTY DATA COMMUNICATIONS NETWORK JOINT FUNDING AGREEMENT This Second Amended Joint Funding Agreement ("Agreement") is made by and between the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale, the Towns of Los Gatos, Los Altos Hills, the South Santa Clara County Fire District, County of Santa Clara, San Jose State University and the Santa Clara Valley Water District (individually referred to as "Network Participant" and collectively "Network Participants") and is dated for identification purposes this ls` day of September, 2004. Recitals WHEREAS, the Network Participants established the Silicon Valley Regional Interoperability Project ("SVRIP") for the purpose of creating county wide radio interoperability and a public safety radio and data communications network; and WHEREAS, achieving this objective will enable the real time exchange of event and resource information between and amongst automated and non-automated Public Safety Dispatch Centers and key stakeholder agencies within Santa Clara County to improve public safety and emergency services by enhancing field communications during emergencies, reducing response time of emergency resowces and enabling intelligence information sharing amongst and between key stakeholder agencies; and WHEREAS, Network Participants desire to continue to participate in the SVRIP to design, architect and implement a county-wide regional radio interoperability and integrated data communications network system that can be implemented in each' of the respective agencies at a significant cost savings to each Network Participant; and WHEREAS, the Network Participants also desire to integrate the SVRIP network solution(s) with other regions throughout the Bay Area for the purposes of enhancing public safety operations during regional disasters or other public safety operations; and WHEREAS, the Network Participants have committed to collaboratively solving interoperability and communication issues throughout Santa Clara County WHEREAS, Network Participants have previously established a Steering Committee to oversee and manage the SVRIP and coordinate interoperability, technological and any other initiatives that impact interoperability on a local or regional basis; and WHEREAS, the Network Participants have committed staff resources to research and assess the needs for the Network Participant agencies; and WHEREAS, each of the Network Participants have contributed an equal share of funds to establish the SVRIP; and WHEREAS, on November 3, 2003, the Network Participants retained the professional services of Northrop Grumman Corporation ("NGC") to provide professional management services and to work with the Network Participants to define the scope of the SVRIP, research industry solutions and develop recommendations, create a system specification document, identify potential vendors, and prepare a Request For Proposal for a radio interoperability and data integration network solution; and SVRIP JFA 2nd Amend 090704 Page 1 of 8 WHEREAS, the SVRIP has secured Federa] Homeland Security funding, as allocated by the Operational Area Approval Authority, to assist in financing NGC's work for the SVRIP; and WHEREAS, the SVRIP is partnering with NGC to identify alternative funding sources; and WHEREAS, the SVRIP has secured approximately $713,000 in federal funding and together with Network Participant funds in the SVRIP account has purchased the required equipment to implement a single command and control interoperability radio channel (BayMACS) and contracted with Santa Claza County Communications (a Network Participant) to install and maintain the BayMACS radio system; and WHEREAS, the SVRIP is partnering with the City of San Jose (a Network Participant) and has received approximately $3.7 million in federal monies through the COPS FY 2003 Interoperable Communications Technology Program to serve as a "model interoperability solution" by implementing a regional microwave network that will serve as a "information pathway" for future interoperability solutions; and WHEREAS, the SVRIP is working with congressional representatives, and state and federal agencies to secure additional funding for interoperability solutions; and WHEREAS, the SVRIP is working with other regional interoperability initiatives in the Bay Area through the Urban Area Security Initiative (UASI) Advisory Council and the Bay Area UASI Working Group; and WHEREAS, the SVRIP is currently in the design phase of, the project and opportunities are arising to obtain federal funding and to participate in regional interoperability efforts through "Proof of Concept" and "Pilot" demonstration projects using state, federal or other alternative funds at no increased cost to the Network Participants; and WHEREAS, the composition of the Steering Committee should be expanded to reflect that interoperability has become a federal initiative and to allow the Network Participants to take advantage of current and future opportunities such as the availability of funding for interoperability, coordination and participation in interoperability initiatives on a local and regional level, and demonstration or pilot projects; WHEREAS, the Network Participants previously approved a Santa Claza County Data Communications Network Joint Funding Agreement for the SVRIP in (date); WHEREAS, the Network Participants amended the Santa Clara County Data Communications Network Joint Funding Agreement for the SVRIP in March of 2002; and WHEREAS, Network Participants now desire to amend the Santa Clara County Data Communications Network Joint Funding Agreement to correspond to the current status and funding successes of the SVRIP. THEREFORE, the Network Participants hereby amend the Joint Funding Agreement to read as follows: A. Purpose Tn accordance with California Government Code Section 6502, the purpose of this Agreement is not to create an independent authority but to jointly exercise the purchasing and contracting power of all the Network Participants to: SVRIP JFA 2nd Amend 090704 Page 2 of 8 1. Retain the professional services of consultants and/or related services for the conceptual design and implementation of a countywide and regionaUmulti-regional interoperability solution(s), and 2. Purchase hardware and/or software related to the SVRIP interoperability solution(s); and 3. To execute lease, installation and/or maintenance agreements for project equipment, and lease and/or license agreements for housing project equipment and leases for office space or lease expenses, on behalf of the SVRIP directly related to implementing SVRIP interoperability solutions; and 4. To work with federal and state agencies, congressional representative and private entities to fund participation in the costs related to demonstration projects, pilot projects and implementation of interoperability solutions /network(s); and 5. To establish and maintain a website to facilitate information sharing on behalf of the SVRIP and related Network Participant communication; and 6. To jointly apply for state, federal and/or private funding grants for SVRIP through the implementation phase of the project; and 7. To enter into agreements with other governmental agencies to achieve interoperability: and 8. To pay for SVRIP travel and other related expenses approved by the Steering Committee. B. Authorization Each Network Participant is authorized by its respective governing body or Board of Directors to jointly exercise the Network Participant's individual power as set forth herein. C. Steering Committee 1. a Composition: (1) The Steering Committee shall consist of an odd number of members to allow for a clear majority vote. The following voting representatives shall be appointed from their respective associations on the Steering Committee: (a) A City Manager from the Santa Clara County/Cities Managers' Association; (b) A Fire Chief from the Santa Clara County Fire Chief s Association; (c) A Police Chief from the Santa Clara County Police Chiefls Association; (d) The Santa Clara County Executive or his or her designee; (e) A Metropolitan Statistical Area Representative from the San Jose UASI; (g) A Data Project Director designated by a majority vote of the Steering Committee; (f) A Radio Project Director designated by a majority vote of the Steering Committee; SVRIP 1FA 2nd Amend 090704 Page 3 of 8 (g) A representative from the Public Safety Communications Manager's Association; (h) A Project Coordinator designated by a majority vote of the Steering Committee; (2) Ad hoc Members. The Steering Committee shall include the following non-voting Ad Hoc representatives: 1. Project Attorney(s) designated by the Steering Committee; 2. Finance Director or designee from the Network Participant serving as Fiscal Agent for the SVRIP; 3. Public Information Officer (PIO) from a Network Participant agency, and designated by the Steering Committee, for coordinating media relations related to the SVRIP; and 4. Other Network Participant agency staff as required and as determined by the Steering Committee 2. Votin It has been the practice of the Steering Committee to act by consensus. In the event that the Steering Committee is not able to reach a consensus on an issue, a majority vote of the voting representatives shall be determinative. 3. Chanties in Committee Membership. Any modifications to the composition of the Steering Committee will be determined by a majority vote of the Steering Committee. However, No voting representative position on the Steering Committee may be eliminated without the approval of the represented enfity or association. The Steering Committee shall ensure that the Network Participants are notified of changes in the Steering Committee membership. 4. Authari a. Delegation of Authority. Each Network Participant hereby grants the Steering Committee authority to act on behalf of the SVRIP to: (1) purchase professional services, and radio, computer or telecommunications hardware/softwaze, other services or goods directly related to the SVRIP as provided herein; (2) lease real property for housing project equipment or for office space; (3) purchase installation and/or maintenance services from individual Network Participant agencies or 3`d party vendors related to systems implemented as part of the SVRIP; (4) apply for state, federal and/or private alternative funding grants on behalf of the Network Participants for the SVRIP; (5) participate in demonstration projects related to the SVRIP; (6) receive and spend any grant funding or other funding obtained on behalf of the SVR1P; (7) execute and administer any agreements that may be necessary to exercise the authority granted in this pazagraph; (8) meet with state and federal governmental agencies and political representatives regarding the SVRIP; and (9) pay for SVRIP travel and project related expenses approved by the Steering Committee. b. Limitation. The Steering Committee is authorized to spend only those monies: (I) previously paid by each of the Network Participants under the March 5, 2002, Amended Santa Clara County Data Communications Network Joint Funding Agreement; and (2) any grant funding received by the SVRII' provided the funding is spent in accordance with any and all requirements of any applicable grant, purchasing or bidding regulations. S V RIP JFA 2nd Amend 090704 Page 4 of 8 D. Duties and Responsibilities of Fiscal Agent 1. A~encv/Trust Account: A Network Participant shall serve as the Fiscal Agent for the SVRIP. The City of Mountain View currently serves as the Fiscal Agent for the SVRIP. The Fiscal Agent shall deposit all the payments it receives on behalf of the Network Participants, including any grant or alternative funding into an Agency/ Trust Account. In lieu of an administrative fee for administering the account, no interest shall accrue to the account. The Steering Committee shall designate in writing three (3) Steering Committee members who have legal authority to approve invoice payment requests related to the SVRIP. Upon receipt of written authorization from two (2) of the three (3) designated Steering Committee designees, the Fiscal Agent shall make payments on behalf of the Network Participants pwsuant to an executed agreement with the Network Participants. 2. Use of Fundins: The Fiscal Agent shall only spend the monies received under this Agreement in accordance with section C.4 of this Agreement, upon receipt of an approved invoice from the Steering Committee, and in accordance with any applicable grant requirements or other regulations. 3. Grant Renortin¢ and Audit Requirements: The Network Participants shall be responsible for any reporting or audit requirements and related costs required for any grant funding received by the SVRIP. The Steering Committee shall coordinate any required reports or audit responses. The Fiscal Agent, and any other Network Participant, shall respond to any reasonable requests from the Steering Committee for information that may be required to comply with grant reporting or audit requirements. 4. Accountin¢: Except as may be required by any applicable grant agreement, no more than twice per fiscal year and only upon receipt of written request from the Steering Committee, the Fiscal Agent will provide an accounting to the Steering Committee of the monies paid from the Agency/Trust Account pwsuant to this Joint Funding Agreement. E. Term. This Agreement shall terminate upon written notice from the Steering Committee that the objectives of the SVRIP have been achieved. Such notice will include a plan for the disposition of all assets held on behalf of the Network Participants. Upon receipt of that notice, the Network Participants shall have thirty (30) days to register any objections in writing with the Steering Committee relating to this Agreement. Any Network Participant may withdraw from this Agreement effective at least one hundred twenty (120) days prior written notice to each of the other Network Participants. The Network Participants acknowledge that they have already received the maximum benefit of their financial contribution to the SVRIP and a Network Participant is not entitled to any reimbursement of its contribution upon withdrawal from the SVRIP. F. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Network Participants pursuant to Government Code Section 895.6, the Network Participants agree that all losses or liabilities incurred by any Network Participant shall not be shared pro rata but instead each of the Network Participants agree that pwsuant to Government Code Section 895.4, each of the Network Participants hereto shall fully indemnify and hold each of the other Network SVRIP 1FA 2nd Amend 090704 Page 5 of 8 Participants, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or any liability arising out of the performance of this Agreement, payments or purchases made by the Fiscal Agent pursuant to the terms of this Agreement or the acts of the Steering Committee on behalf of the Network Participants. G. Notices. All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other Network Participants at the addresses set forth on the signature pages of this Agreement or at such other address as the Network Participants may designate in writing in accordance with this section. H. Governing Law. This Agreement has been executed and delivered in, and will be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement will be in the County of Santa Clara. I. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with the applicable law or stricken, if not so conformable, so as not to affect the validity or enforceability of this Agreement. The Network Participants have caused this Amended Agreement to be executed by their duly authorized representatives. CITY OF CAMPBELL Bernard Strojny, City Manager City of Campbell 70 North First Street Campbell, CA 95008 CITY OF GILROY Jay Baksa, City Administrator City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CITY OF CUPERTINO David Knapp, City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 CITY OF LOS ALTOS Phil Rose, City Manager City of Los Altos 1 North San Antonio Road Los Altos, CA 94022 SVRn' ]FA 2nd Amend 090704 Page 6 of S TOWN OF LOS ALTOS HILLS Maureen Cassingham, Town Manager Town of Los Altos Hills 25379 Fremont Road Los Altos Hills, CA 94022 TOWN OF LOS GATOS Debra Figone, Town Manager Town of Los Gatos 110 E Main Street Post Office Box 949 Los Gatos, CA 95031 CITY OF MILPITAS Thomas Wilson, City Manager City of Milpitas 455 E. Calaveras Boulevard Milpitas, CA 95035 CITY OF MONTE SERENO Brian Lowenthal, City Manager City of Monte Sereno 18041 Saratoga-Los Gatos Road Monte Sereno, CA 95030 CITY OF MORGAN HILL Ed Tewes, City Manager City of Morgan Hill 17555 Peak Avenue Morgan Hill, CA 95037 CTY OF MOUNTAIN VIEW Kevin Duggan, City Manager City of Mountain View 500 Castro Street Post Office Box 7540 Mountain View, CA 94039 CITY OF PALO ALTO Frank Benest, City Manager City of Palo Alto 250 Hamilton Avenue Post Office Box 10250 Palo Alto, CA 94303 CITY OF SAN JOSE Del Borgsdorf, City Manager City of San Jose 801 North First Street, Room 436 San Jose, CA ,95110 CITY OF SANTA CLARA Jennifer Sparacino, City Manager City of Santa Clara 1500 Warburton Avenue Santa Clara, CA 95050 COUNTY OF SANTA CLARA Pete Kutras, Jr., County Executive Santa Clara County 70 West Hedding Street Eleventh Floor, East Wing San Jose, CA 95110 CITY OF SARATOGA SVRIP 1FA 2nd Amend 090704 Page 7 of S Dave Anderson, City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 SAN JOSE STATE TINIVERSITY Andre Bames, Chief of Police San Jose State University Police One Washington Square San Jose, CA 95192 SOUTH SANTA CLARA COUNTY FIRE DISTRICT Steven Woodill, Fire Chief South Santa Clara County Fire District Protection 15670 Monterey Street Morgan Hill, CA 95037 SANTA CLARA VALLEY WATER DISTRICT Stanley M. Williams, Chief Executive Officer Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118-3614 SVRIP 1FA 2nd Amend 090704 Page 8 of 8 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: O-~ ~~~ PREPARED BY: Joan Pisani DEPT HEAD: SUBJECT: Saratoga Area Senior Coordinating Council (SASCC) Operating Guidelines for Use of City Facilities Agreement RECOMMENDED ACTION(S): Accept report and authorize City Manager to execute the agreement between the City of Sazatoga and the Saratoga Area Senior Coordinating Council (SASCC) to establish operating guidelines for use of city facilities. REPORT SUMMARY: Since 1981, the City of Saratoga has had an agreement with the Saratoga Area Senior Coordinating Council for use of the Senior Center. The current agreement was executed in November 1999, and has no expiration date. Eazlier this yeaz Genie Dee, SASCC Executive Director, requested a new agreement to allow for SASCC to increase their use of other city owned facilities. Currently, SASCC has exclusive use of the Senior and Adult Care Center weekdays from 8 am to 5 pm. Although it is not in the agreement currently in effect, the City Council, a few years ago, agreed to allow them to use, without chazge, the Community Center Multipurpose Room one or two times per year for fundraising events. Several meetings were held with Genie Dee to work out the specifics of SASCCs request for additional space. Also, Richazd Taylor reviewed the current agreement and the new requests, and recommended some changes, additions and clazifications. Listed below are highlights of the changes in the new agreement • Use of the Community Center Multi Purpose Room twice annually on a waived fee basis • Use of the North Campus 8 hours per week on a fee waived basis • Use of the Senior Center Saunders Room once per week, after hours, on a waived fee basis • A provision that requires SASCC to pay the salary and benefits of the additional city personnel needed for support of their programs, mainly after hours. • Insurance provisions that aze the standard currently used in all city contracts. • A requirement that SASCC carry workers' compensation insurance for all their employees. • A clarification that the city will provide property insurance coverage for the facility but pat.S~SCC owned property. FISCAL IMPACTS: The new agreement would decrease the potential revenue generated by the Recreation Department somewhat. The potential impacts aze as follows: • A Saturday evening rental of the Community Center Multi Purpose Room generates $800 to $1200 per usage. Twice a yeaz uses could cause a potential loss of $1600 to $2400 per yeaz. Currently, this large room is rented to fee-paying groups on Saturdays approximately 48 out of 52 available dates per year. • The nonprofit rate for the Administrative Building at the North Campus is $20 per hour. If SASCC uses the North Campus 8 hours per week, 40 weeks per year, the total value is $6,400. Eight hours per week, for 50 weeks per yeaz, is a potential loss of $8,000. The Senior Center Saunders Room is rented to private groups on Saturdays approximately 40 times per year, and each rental generates between $700 and $900 per usage. If SASCC's planned once a week usage is on a weeknight, then the Recreation Department will not be able to schedule a class on that particular evening. The loss of revenue to the city for SASCC's usage of the Saunders Room is hard to estimate at this point. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The current agreement between the City and SASCC would continue. ALTERNATIVE ACTION(S): Direct staffto re-negotiate the terms of the agreement. FOLLOW UP ACTION(S): The City Manager will sign and execute the agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notified SASCC. ATTACHMENTS: 1. Current Agreement 2. Proposed Agreement Exhibit A: Map showing location of Facilities • Exhibit B: SASCC Equipment List • Exhibit C: Charges for Personnel Services AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA AREA SENIOR COORDINATING COUNCIL FOR FURNISHING AND OPERATING THE SARATOGA ADULT CARE CENTER AND THE SARATOGA SENIOR CENTER THIS AGREEMENT, made and entered into this ~~ day of~c,,,, , , ° 1999, by and between the CITY OF SARATOGA, a municipal corporation, and a political subdivision of the State of California ("CITY") and the SAR.ATOGA AREA SENIOR COORDINATING COUNCIL, a California non-profit public benefit corporation ("SASCC"), for the operation and maintenance of the Senior Wing of the Saratoga Community Center, known as the Saratoga Senor Center and the Sazatoga Adult Care Center (hereinafter referred to as "CENTERS"). RECITALS A. CITY is the owner of the CENTERS and desires to contract with SASCC to operate the CENTERS for the benefit of Senior Citizens in the Saratoga azea. B. CITY desires to assist SASCC in maintaining the centers and in providing insurance coverage for the equipment and buildings. C. SASCC desires to operate the CENTERS for the benefit of Senior Citizens in the Saratoga azea. Now, therefore, it is hereby agreed by and between the parties hereto as follows: 1. The CITY shall retain ownership of the CENTERS, including the building, all fixtures, wall and floor coverings, built-in kitchen appliances, and telephone equipment, excepting those specific designated items that are the property of SASCC as shown in the inventory attached as Exhibit A, which is incorporated herein by reference. 2. The CITY shall provide insurance coverage and security for all of the CITY owned buildings, fixtures and equipment. 3. The CITY shall make the CENTERS available for the exclusive use of SASCC from 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. CITY may use the CENTERS during these times with prior permission from SASCC and after hours without permission. 4. The CITY may assist SASCC in funding the operations of the CENTERS, as provided in sepazate annual or bi-annual agreements between CITY and the Saratoga Senior Center and between CITY and the Saratoga Adult Caze Center. 5. SASCC shall promote and raise funds to provide programs for Senior Citizens in the Saratoga area. 6. The CITY shall designate a member of the City Council to serve as a liaison between the CITY and SASCC. 7. The Executive Director of SASCC shall serve as a liaison between SASCC and the CITY. 3. SASCC shall select and purchase office fiuniture, equipment and supplies and all kitchen supplies for the CENTERS and maintain a current inventory of such items.. The inventory shall be provided to the CITY upon request. The CITY may reimburse SASCC for acquiring and maintaining such items. 9. CITY shall authorize SASCC to manage the necessary maintenance and repairs of all fiunishings and equipment of the CENTERS, whether owned by CITY or SASCC. SASCC shall promptly report to CITY any maintenance and/or repairs to CITY owned property. 10. SASCC shall obtain and maintain broad form liability insurance in the amount of at least $1,000,000 and designate CITY as an additional insured. CITY shall have the right to review and approve the insurance certificates. Said insurance shall cover the CITY, its officers, officials, employees, volunteers, boazds and commissioners. SASCC shall hold harmless CITY, its officers, officials, employees, volunteers, boazds and commissioners harmless for any and all liability caused by the negligence or wrongful act of SASCC arising out of the performance of this Agreement and the use of the CENTERS, and to pay all claims, damages, judgments, legal costs and attorneys' fees related thereto. 11. SASCC may use, without charge, all CITY recreational facilities normally available for reservation and use by residents, if available, for fund raising activities related to the CENTERS. 12. It is understood that SASCC is a non-profit organization and has not been given and is not given a lease of said premises or any part thereof and acquires no easement, license, or other interest in said property owned or constructed by CTTY. 13. Both CTTY and SASCC have reviewed and revised this Agreement, and accordin6ly, the normal rule of construction to the effect that any ambiguities aze to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendment of it. 14. Each of the parties represents and warrants that each has full power to enter into this Agreement. 15. This Agreement contains the entire Agreement between the parties with regard to the matters set forth, except as specifically set forth in this Agreement. This Agreement may be amended or modified only by an agreement in writing executed in the same manner as this Agreement. Either party may terminate this Agreement with one year prior written notice. -~ 16. This Agreement is neither assignable nor transferable to any other party. IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the date first appearing above. SARATOGA AREA CITY OF SARATOGA: SENIOR COORDINATING COUNCIL nuca~. Clerk Approved: City Attorney LNIlZ:kag r By: ~ r~ 1:\WPPhY1P5J'~'-7J`01\sescw6l AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA AREA SENIOR COORDINATING COUNCIL TO ESTABLISH OPERATING GUIDELINES FOR USE OF CITY FACILITIES THIS AGREEMENT, made and entered by and between the CITY OF SARATOGA, a municipal corporation ("CITY") and the SARATOGA AREA SENIOR COORDINATING COUNCIL, a California non-profit public benefit corporation ("SASCC"), for the operation and maintenance of the Senior Center, the Saratoga Adult Caze Center, and the Senior Modulaz Building (hereinafter referred to as "Facilities"), the location of which is shown on Exhibit A to this Agreement. RECITALS A. CITY is the owner of the Facilities and desires to contract with SASCC to allow use of those Facilities for the benefit of Senior Citizens in the Sazatoga azea. B. CITY desires to assist SASCC in maintaining the Facilities and in providing insurance coverage for the Facilities. C. SASCC desires to operate the Facilities for the benefit of Senior Citizens in the Sazatoga azea. Now, therefore, it is hereby agreed by and between the parties hereto as follows: I. USE OF FACILITIES A. In General The CITY shall retain ownership of the Facilities, including the building, all fixtures, wall and floor coverings, built-in kitchen appliances, improvements and telephone equipment, excepting those specific designated items that aze the property of SASCC as shown in the inventory attached as Exhibit B, which is incorporated herein by reference. Items excluded include movable furniture and equipment purchased duectly by SASCC and aze not part of the Facilities. Exhibit B shall be updated periodically by SASCC. Upon approval of the update by the City Manager the updated Exhibit B shall replace the previous Exhibit B. No amendment to this Agreement shall be required to update Exhibit B. 2. It is understood that this is solely a use agreement and that SASCC has not been given and is not given a lease of said premises or any part thereof and acquires no easement, license, or other interest in said property owned or constructed by CITY. In further support of SASCC's programs the City may provide a monetary contribution of $15,000 or less as part of the City's annual budget process. 3. The CITY shall provide property insurance coverage for the Facilities on the same terms that all other CITY property is insured. CITY shall not provide insurance of any kind for any SASCC property, including the property listed on Exhibit B. SASCC shall be solely responsible for insuring SASCC property in the Facilities. 4. The City shall provide routine building and janitorial maintenance for the Facilities similar to that provided for all City premises. 5. The City shall provide telephone service to the Facilities, shall ensure that the phone system is maintained in good working order, and shall provide for maintenance and repair of equipment listed on Exhibit B up to a maximum allowance of $3,000 annually. Such cost may include additional phone lines, replacement phones, copier repair and maintenance, and computer and network support. All maintenance and repair work will be provided as staff is available. SASCC will be charged a cost that is in accordance with the City's direct cost rate for applicable personnel at the time the service is provided. Exhibit C, "Charges for Personnel Services", is an Illustrative list of charges for applicable personnel at the time this agreement is adopted. Exhibit C shall be updated periodically by City to reflect changes in these charges based on City contracts and labor agreements. No amendment to this Agreement shall be required to update Exhibit C and the charges for personal services shall be based on the City's direct costs in effect at the time the service is provided regazdless of the cost listed on Exhibit C. 6. SASCC shall promptly report to the CITY any maintenance and/or repairs necessary for CITY owned property at the Facilities. 7. SASCC shall provide security for Facilities during the hours they aze used by SASCC. City shall provide security for the Facilities at all other times. B. Specific Use 1. Between Sam to Spm weekdays, SASCC shall have exclusive use of the Facilities except to the extent that SASCC authorizes City use of the Facilities during those hours. 2. On weekends and after Spm on weekdays ("After Hours") use of Facilities shall be in accordance with Sazatoga's policies and procedures for space reservation. For all After Hours uses SASCC shall set-up and take-down all equipment and furnishings. For all After Hours uses, including uses exempted from a use fee, a City of Saratoga Facilities Attendant is required. SASCC will be chazged for the Facility Attendant in accordance with the City's rate schedule then in effect. However, there will be no charge for the Attendant if another City event requiring a Facility Attendant is in session at the same facility at the same time as the SASCC event. 3. SASCC may reserve and use on the same terms as the public all City facilities normally available for reservation and use by the public except as provided in this agreement. Request of use and space availability in accordance with standazd City procedures is required. No advance deposit and no processing fee shall be required. Use fees (but not fees for any required Facility Attendant) shall be waived for SASCC for certain facilities as described below: a. The Community Center Multi Purpose Room shall be available for reservation After Hours for a maximum use of twice annually on a waived use fee basis, and thereafter SASCC will be charged in accordance with the City's nonprofit rate. b. North Campus shall be available for reservation up to 3 times, totaling 8 hours per week on a waived use fee basis, and thereafter SASCC will be charged in accordance with the City's nonprofit rate. Summer weekday daytime usage by SASCC will be subject to availability due to Recreation Department program activities held at this site. c. The Saunders Room shall be available once a week for reservation After Hours on a waived use fee basis, and thereafter SASCC will be chazged in accordance with the City's nonprofit rate. 4. Modular Building -The modular classroom building, which is owned by the City, may be used only for programs and activities offered through or approved by the Executive Director of the Sazatoga Senior Center consistent with the use guidelines established by the Community Development Block Grant program. All uses of the building must comply with CDBG Guidelines since the building was acquired with CDBG funds. Consistent with those Guidelines SASCC may make use of the modular classroom building After Hours and no use fee shall apply and no Facility Attendant shall be required. II. SASCC REQUIREMENTS 1. SASCC shall procure and maintain for the duration ofthe Agreement broad form liability insurance against claims for injuries to persons or damages to property which may azise from or in connection with use of the Facilities, and the performance of the obligations hereunder by SASCC, its agents, representative or employees. A. Minimum Limits of Insurance. SASCC shall maintain limits no less than: i. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. ii. Workers' Compensation and Employers Liability limits of 1,000,000 per accident. B. Other Insurance Provisions. The policies aze to contain, or be endorsed to contain, the provisions: General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of SASCC. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. SASCC's insurance shall be primazy insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of said insurance and shall not contribute with it. a Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. SASCC's insurance shall apply sepazately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ii. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses azising from work performed by SASCC for the City. iii. All Coverages Listed Above. a. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. b. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. c. Verification of Coverage. SASCC shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy aze to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. SASCC shall hold CITY, its officers, officials, employees, volunteers, boards and commissioners harmless for any and all liability caused by the negligence or wrongful act of SASCC azising out of the performance of this Agreement and the use of the Facilities, and to pay all claims, damages, judgments, legal costs and attorneys' fees related thereto. Each Party shall promptly notify the other of any claim or of any occurrence which the Party reasonably believes may give rise to a claim against either Party azising out of the ownership, occupation, use or repairs of the Facilities. SASCC further agrees to compensate the City for any and all damages to Facilities directly or indirectly resulting from SASCC's use of the Facilities. 3. The Executive Duector of SASCC shall serve as a liaison between SASCC and the CITY and shall bring all matters of information and requiring action on the part of the City to the attention of the City Manager. 4. SASCC shall assume responsibility for reporting any maintenance or facilities use problems with the appropriate City facilities personnel. 5. SASCC shall select and purchase furniture and equipment and regularly update Exhibit B based onthe-annual inventory of furnishings and equipment provided to the SASCC auditor. III. ADDITIONAL TERMS 1. Both CITY and SASCC have reviewed and revised this Agreement, and accordingly, the normal rule of construction to the effect that any ambiguities aze to be resolved against the drafting party shall not be employed in the interpretation ofthis Agreement or any amendment of it. 2. Each of the parties represents and warrants that each has full power to enter into this Agreement. This Agreement contains the entire Agreement between the parties with regazd to the matters set forth, except as specifically set forth in this Agreement. This Agreement may be amended or modified only by an agreement in writing executed in the same manner as this Agreement. Either parry may terminate this Agreement with one-yeaz prior written notice. 4. This Agreement is neither assignable nor transferable to any other parry. 5. This Agreement shall commence upon the last date signed below and shall extend through June 30, 2009. It may be extended thereafter by mutual agreement of the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement at the place and as of the latest date listed below. City of Saratoga Saratoga Area Senior Coordinating Council i~ `~ ~/~ Ann Waltonsmith, Mayor Date /c .J FlEA/JrC`~ aus~d..f Date [Print Name], [Title] Attest: Cathleen Boyer, City Clerk Date Approved as to Form: Richard S. Taylor, City Attorney Date Exhibit List Exhibit A -Map showing location of Facilities Exhibit B - SASCC Equipment List Exhibit C - Chazges for Personnel Services W w U W 5- F z ~. U W ~~ ~ ~ o ~ O Q o O W ~ CU~~U 00~~ v~ v~ ~ va - -~ - ~ a ~ x~ ~ J 8 :l1 N_ 0 C ~ d ~ ~ c C ~ ~ .. ~, a~ ~_ ny~ .`. G 0 .~.. C C 1+ ~ ` :J an( Z ~ i ~i C .~~~ EUU v Y O o o ~ ~ ~ ~ a V 0 v ,~ ~ o ~~ C ~~ ti ~ J ry ~ ~J ~~~ Q J ~~ r1 l Exhibit C Charges for Personnel Services 7/1/04 - 6/30/05 Facility Attendant: $16 per hour Facility Maintenance Worker: $32 per hour MIS Assistant: $35 per hour Exhibit B Inventory of Items in the Saratoga Senior Center and Adult Cnre Center Loun a 8~ Lobb Bookshelves 2 Chairs 13 Chalk Board 1 Component stand ~ Couches 4 DVD 1 Lamps 4 Paintings 4 Silk plant 1 Silk trees 6 Tables 5 _ N 1 VCR stand ~ Office Furniture/Equipment Book Shelves 2 Chairs 15 Coffee pot 1 Computer, office 6 Copy Machine 1 Desks 5 File Cabinets ~ Lamps 4 Ma azine rack 1 Printers 5 Step stools 2 Tables ~ Telephones 6 Trash cans 6 T pewriters 2 White board ~ Saunders Room Card Tables 14 Easels 2 Flag & Stand ~ Lecturn 1 1 Microphone and stand Player Piano & Bench ~ Radio-large player ~ Rectangle Tables 8 Room dividers 4 Round Tables _ 10 Slide Pro'ector 1 1 Tall padded chair U ri ht Piano & Bench 1 C:\My Documents\City of Saratoga\Inventory 2004 9/29!04 Page 1 Exhibit B Inventory of Items in the Saratoga Senior Center and Adult Care Center Stora a Area/Saunders Room Coffee pot, small 1 Craft boxes 1 Event boxes 5 Excerise equipment, sets 39 Microwave 1 Refri erator, Hobart 1 Step ladder 1 Walkers 3 Water cooler _ 1 Wheel chair 1 Kitchen Coffee crafes 6 Coffee Cups 1`~ Coffee Urn Warmer 1 Coffee urns large 2 _ Dessert Plates 156 Dinner Forks 156 Dinner knives 150 Dinner Plates 1 `~ Dinner soup bowls _ 150 Dishpans 2 Dishwasher _ 1 First Aid Kit-red metal _ 1 Freezer, Hobart 1 Garbage cans large _ _ 2 Kitchen Utensils 20 Large strainer 1 Microwave 1 Potholders 4 Punch Bowl 1 Refrigerator, Hobart 1 Salad Bowls, lar a clear 6 Salad Forks 120 Serving Forks 11 Servin spoons __ _ _ _ _ 19 Serving trays, large _ 3 Serving tra s, large 2 Small strainer 1 Soupspoons 156 Stainless pots w/lids 2 Stainless steel bowls Ig _ 2 Steam Table 1 _ Stove, Wolfe 1 Tablecloths 18 Tea spoons 156 Towels & Pot holders 12 C:\My DocumentslCity of Saratoga\Inventory 2004 9/29/04 Page 2 Exhibit B Inventory of Items in the Saratoga Senior Center end Adult Cnre Center Tubs, gray/plastic 1 Water pitchers 6 Adult Care Center Af hans & blankets 10 Bookshelf, metal ~ Bulletin Board 1 card tables 2 CD Player 1 Chair, black ~ Chairs, blue vinyl f 0 Chairs, tan vinyl 10 Coat Rack 1 Coffee mugs 30 Coffee table-square 1 Computer 1 Copier stand 1 Copy machine ~ Desk chairs 3 Desks 2 End table 1/2 round 3 Fax machine 1 File Cabinet 4 drawers 2 Foldin step stools 2 Food thermometer ~ Kitchen Utensils 10 Loveseat, blue 2 Monitor 1 Piano stool 1 Pillows 5 Printer 1 Roll-away bed 1 Rubber loves, pair 1 Standup bulletin board 1 Tables, oblon 6 Telephones 2 Trash cans 3 N 1 N Stand, wood cabinet 1 T pervvriter stand 1 Walkers ~ Wheelchairs 2 Winter Piano 1 _ _ __ Wood bookshelf _ _ 1 Patio 8~ Garden Brass memorial plaque 1 Chairs stackable gray 6 _ Concrete bird bath 1 C:\My Documents\City of Saratoga\Inventory 2004 9/29/04 Page 3 Exhibit B Inventory of Items in the Saratoga Senior Center and Adult Care Center Lar a storage shed ~ Metal desk ~ Planters 3 Rakes, gardenin tools 6 Rectangular tables lass tops 2 Round glass table ~ Shovels, assorted _ 3 Stackable reen chairs -_- 24 - -- Umbrella stands 3 White chairs 4 Modular Building __ Book case ~ __ _ Cabinet in bathroom t Computer stands 18 Computers 16 Couches _ 2 Desks 2 Easels 2 File cabinets 2 Lar a coffee pot ~ Microwave ~ Monitors ~ 6 Portable TV 1 Projector cart 2 Rectangular tables 9 Refrigerator, Hobart 1 Toaster oven ~ _ Toaster oven white 2 slices 1 Trash cans ~ C:\My Documents\City of Saratoga\Inventory 2004 9/29/04 Page 4 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 AGENDA ITEM: 2S ORIGINATING DEPT: Public Works CITY MANAGER: O~~ CB PREPARED BY: Cary Bloomquist DEPT HEAD: SUBJECT: Transportation Equity Act For the 21S` Century: Approval of Recreational Trails Program Grant Resolution. RECOMMENDED ACTION(S): 1. Adopt the attached resolution in support of the Recreational Trails Program Grant Application. REPORT SUMMARY: At their September 15, 2004 meeting, City Council authorized staff to complete and submit a grant application packet for the Recreational Trails Program. Working with Randall Funding, Staff completed and submitted the application packet on September 30, 2004, requesting $44,000.00 in grant funds. The project covered by the application is titled "City of Saratoga C.I.P. Trail Construction and Rehabilitation Project". This project represents two approved 2001-2006 City of Saratoga Capital Improvement Plan Projects: Number 47, San Marcos Open Space Trail, and number 48, Trail segment #3 repairs. Due to timing issues, the attached resolution was not presented to Council at their September 15, 2004 meeting. In order to move forward with the competitive grant application process, the attached resolution must by received by the State within 30 days from the initial grant deadline of October 1, 2004, or by November 1, 2004. A local match of 20% is required if grant funding is awarded. Further details regarding the grant program are available in the Procedural Guide, which is available through staff. FISCAL IMPACTS: The City is applying for $44,000.00 in competitive funds from this Grant Program. A 20% local match is required if grant funding awarded. __ __ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Grant application will be incomplete, and City will not move forward with the process. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The adopted resolution will be forwarded to Steve Radosevich, our designated state project officer. ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: A) Resolution for the Recreational Trails Program ATTACHMENT A Resolution No: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM WHEREAS, the Transportational Equity Act For The 21s` Century provides funds to the State of California for grants to state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing project application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the applicant will enter into an agreement with the State of California to complete the project(s); NOW, THEREFORE, BE IT RESOLVED CITY COUNCIL OF THE CITY OF SARATOGA hereby: Approves the filing of an application for the Recreational Trails Program; and 2. Certifies that said applicant has or will have available prior to commencement of any work on the project(s) included in this application, sufficient funds to operate and maintain the project(s); and 3. Appoints the CITY MANAGER as agent of the CITY OF SARATOA to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). Approved and Adopted the sixth (ti) day of October, 2004 I, the undersigned, hereby certify that the foregoing Resolution Number was duly adopted by City Council of the City of Saratoga following vote: Ayes: Noes: Absent: (Clerk) CALIFORNIA STATE PARKS -- LOCAL ASSISTANCE SECTION PAGE 19 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 AGENDA ITEM: CITY MANAGER: ORIGINATING DEPT: Public Works PREPARED BY: Cary Bloomquist 3 ~~~ DEPT HEAD: SUBJECT: Grant Writer Utilization /Guidance Policy and Grant Writer Procedures: Revision to Policy and Procedures and Contract Payment Option Review. RECOMMENDED ACTION (S): 1) Review and adopt revisions to the Grant Writer Utilization and Guidance Policy and Grant Writer Procedures 2) Review Contract payment option. REPORT SUMMARY: Grant Writer Utilization /Guidance Policv and Grant Writer Procedures Revision: At the September 1, 2004 City Council meeting, staff brought back to City Council the Grant Writer Utilization and Guidance Policy and Grant Writer procedures for review. The policy and procedures defines and identifies organizations eligible to utilize the services of the grant writer and provides direction to City staff on how to most effectively utilize the grant writer's services. Due to timing issues surrounding certain grants and their funding cycles, City staff and the grant writer have found it challenging to meet grant deadlines while complying with our City policy and procedure. Council responded by forming a Council Ad Hoc Review Committee, which enabled staff to bypass one step in the formal review process, making it easier to meet the short deadlines of certain gants. At their September 15, 2004 meeting, Council directed staff to bring back a revised grant writer policy and procedure in an effort to further streamline and simplify the review process. Attachments A and B contain the changes to the policy and procedure documents. Contract payment option for Council Consideration: Staff has been working with the Chief Financial Officer (CFO) of Randall Funding, and the following offer has been made to the City by the CFO (Attachment C) If the balance remaining on the 12 month contract is paid in advance via a lump sum payment by November 1, 2004, - Randall Funding will reduce the amount of the contract by $3,000.00. Staff has already negotiated a $3,000.00 saving via Randall Funding waiving the first payment of the 12-month contract. The remaining 11 months of contract payments represent a balance due of $33,000.00. The City recently paid a $3,000.00 invoice, leaving a residual balance of $30,000.00. If the City pays the balance via a lump sum payment, a $3,000.00 savings will be realized, and the City would issue a check to Randall Funding in the amount of $27,000.00, versus having a payment stream balance due of $30,000.00 over the remaining term of the contract. FISCAL IMPACTS: $3,000 dollars in potential saving may not be realized CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S): Revisions to Grant Writer Utilization Policy and Procedure will not be adopted. ALTERNATIVE ACTION (S): None. FOLLOW UP ACTION (S): 1) If approved, revised policy and procedure will be forwarded to RF&D. 2) If approved, a check in the amount of $27,000.00 wil'1 be issued to RF&D prior to November 1, 2004. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Attachment A-Revised City of Saratoga Grant Writer Utilization and Guidance Policy Attachment B-Revised Procedure for utilization of the contracted grant writer Attachment C-Randall Funding CFO Correspondence 2 of 2 ATTACHMENT A CITY OF SARATOGA GRANT WRITER UTILIZATION AND GUIDANCE POLICY INTRODUCTION: The purpose of this policy is to inform all City Departments, local municipalities, and non-profit organizations, as defined below, the City of Saratoga has contracted with Randall Funding & Development, Inc (RF&D) for a term of Iwe-(-~) one (1) year. In addition, the City may offer the use of RF&D, as defined in the City of Sazatoga Independent Consultant Agreement, to local municipalities and non-profit organizations as defined below. LOCAL MUNICIPALITIES: Any local City, County, Regional or State Government agency located within or near the Santa Clara County area. NON-PROFIT ORGANIZATION DEFINITION: Any organization deemed a "Califomia non-profit Public Benefit Corporation" may be considered as eligible to use the services of RF&D as explained and defined in the City of Saratoga Independent Consultant Agreement. These organizations aze listed under Califomia law for charitable or civic league purposes and eligible for federal tax exempt status under sections 501 (c) (3) and 501 (c) (4) of the Internal Revenue Code. PROCESSES: A description of the procedures for utilizing the services of RF&D is described in a separate document titled: Contracted Grant Writer Utilization Procedure. City Council 1 A ~.. DL'AT\ .1+..+:/ti« A.o «7o4vA !'_« «! D....l.et k.. •L... rr ~. or City Council Ad Hoc Committee approval is required prior to the release of a letter of authorization (LOA) from the City Manager to RF&D to enable them to proceed forward with the application process. All grant opportunities with agencies outside the City limits shall require full City Council review. Once the LOA has been authorized by City Council or the City Council Ad Hoc Committee, the contracted grant writer has the authority to complete the grant application packet. FEES: As defined in the City of Saratoga Independent Consultant Agreement, the City may provide non-profit organizations, as defined in this document, the benefit of using RF&D grant writing services for the preparation of grant proposals, with the 3% incentive fee being the full responsibility the non-profit organization and as defined in the Consultant Agreement. The 3% incentive fee shall not exceed $15,000. Upon notification of funding approval by the granting agency, the incentive payment to RF&D shall be due and payable within thirty (30) days. Grant funds awarded cannot be used toward the payment of incentive fees. ATTACHMENT B GRANT WRITER APPROVAL REVISED PROCEDURE 2A Grant opportunity step ~ presented to City Council Step 2 for review. Grant opportunity _ _ identified. Options - - _,--- _ If sufficient time is not 2B available for regular full City '' Council review, City Council Ad Hoc Committee will review arant opportunity. Step 3 Upon reviewing grant opportunity, City Council Step a or City Council Ad Hoc Options Committee shall take one of the following actions. Step 5 If authorized, Grant writer completes and submits application packet. 4A Authorize Grant - writer to pursue oPPortunity. 4B Reject grant opportunity as presented. 4C Forward grant ~--' opportunity to non-profit for their review. GRANT WRITER APPROVAL ORIGINAL PROCEDURE Step 1 Grant writer/City staff/Non-profit identify grant opportunity. Step 2 Grant opportunity presented to City Council for review with explanatory cover sheet from staff. 4A Authorize Grant writer to pursue opportunity. -- - - --. Step 3 - - - Upon reviewing grant Step4 4B Reject grant opportunity, City Council opportunity as determines one of the Options presented. following options. -_- --- Step 5 If authorized, Grant writer applies for grant. Step 6 Completed grant application brought back __ to City Council for final review prior to submission. 4C Forward grant - opportunity to non-profit for review. RANDALL FUNDING & DEVELOPMENT, INC. ATTACHMENT C 100 Shoreline Highway, Building A, Suiw 200 • Mill Valley, California 94941 Telephone 415.289.1420 • Fax 415.289.1430 September 21, 2004 Cary Bloomquist City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 Dear Cary, Thank you for your telephone call today. Asper our conversation, a brief review of our discussion follows: 1) The start date for billing is now moved from June 1 to August 1. As a result, invoices #2301 and #2302 for $3,000 each are now voided. 2) If the City of Saratoga is interested in paying a lump sum for grant writing services up front, an additional month's billing will be waived, bringing the total to $30,000 for 12 months. This is based on a 12-month contract at $3,000 a month with the first month's fee already waived as per contract and an additional month waived for paying in a lump sum. Your comments about the grant writing process and the time commitments required of knowledgeable city officials such as yourself are both noted and part of a continuing effort on our part to make the process work more efficiently. Finally, please do not hesitate to call if I can be of any assistance. Regards, ~a~ ~ O.. Barry Kaye Chief Financial Officer SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 AGENDA ITEM: 4 ORIGINATING DEPT: Public Works CITY MANAGER: ~~ PREPARED BY: John Cherbone DEPT HEAD: SUBJECT: Highway 9 Safety -Approval of Design Proposal for Crosswalk Improvements RECOMMENDED ACTION(S): 1. Approve a professional services contract with Allied Engineering in the amount $12,000 for development of design plans for crosswalk safety improvements at Oak Street and Highway 9 and authorize the City Manager to execute the same. 2. Authorize staff to execute change orders to the contract up to $1,000 for additional work if required. 3. Approve amendment to the Fiscal Year 04/05 budget to fund the design work as described in Recommended Action No. 1. REPORT SUMMARY: Back rg ound: As reported to you at the May 19 City Council Meeting the Town of Los Gatos, the City of Monte Sereno, and the City of Saratoga have been discussing the safety issues connected with Highway 9, which have been highlighted recently due to the unfortunate accidents involving pedestrians and bicyclists utilizing the Highway. On July 1, representatives from Monte Sereno, Los Gatos, Saratoga, VTA and Caltrans conferred by telephone to discuss additional tasks and a schedule to implement Highway 9 improvements. The following table represents our collective discussion. DATE TASK RESPONSIBLE PERSON Jul 6, 2004 En a e consultant Gordon Jul 9 Pre are aerial hoto monta a Brian Jul 9 Distribute sco e of work and ublic meetin Gordon notes to technical group, including Santa Clara Co. Jul 13 Be in consultant stud Fehr & Peers Jul 16 Be in draft of MOU Gordon Jul 16 Submit TLC ant for desi services Gordon August 5 Distribute draft analysis with segmented information to technical group Fehr & Peers August 10 Technical group meeting to review study and draft MOU Gordon, John Curtis, John Cherbone, Santa Clara County, Caltrans Technical Grou August 11-20 Develop preliminary construction cost estimates Technical Group Au st 24 Finalize stud re ort Fehr & Peers S tember 16 Public Meetin Gordon Se tember 24 Pre are CMA ant a lication Technical Grou October Investigate other grants (Safe Routes to Schools Technical Group November Review ant a lication, ado t MOU Technical Grou November Adopt resolutions of support and authorization Technical Group to Towns, City & Count S onsors December 2004 Submit CMAQ grant application (phase desi 2005 and construction 2007 Sponsors 2005 Be in Pro~ect Stud R ort/Pro~ect Re ort Technical Grou 2005-2006 Begin environmental analysis (CEQA and NEPA Technical Group 2005-2006 Desi Technical Grou & Consultant 2007 Public Meetin Technical Grou 2007 Obtain encroachment permit and advertise ro~ect Sponsors 2007 Construction Contractor 2007 Ribbon cuttin S onsors, Caltrans, VTA Currently, the three local jurisdictions and Caltrans are reviewing the draft safety study prepared by Fehr & Peers (Attachment 1). The above safety improvement efforts represent the larger safety improvement prof ect for the Highway 9 corridor from Big Basin Way to Highway 17. Hishway 9 Snot Safety Improvements in Saratoga: In addition to the larger corridor improvements along the Highway 9 corridor, each of the three local jurisdictions is implementing spot safety improvements on their respective segments of Highway 9. 2 of 4 In Saratoga the following improvements are being pursued with Caltrans for encroachment approval: 1) Crosswalk safety improvements at Oak Street and Highway 9 (Attachment 2). 2) Crosswalk safety improvements at Horseshoe Drive (Attachment 3). Additionally, implementation of the following improvements will be made: 1) Installation of a permanent radaz sign to be located on the northbound lane where the speed limit reduces as you enter the Village. Caltrans is funding this work. 2) Modification of the traffic light warning sign to a crosswalk warning sign. 3) Installation of a sign warning motorists of the County Fire Station. 4) Various sight distance improvements through selective vegetation removals. Design Work at Oak Street and HiQlrway 9 In order to implement the conceptual design of the Oak Street Crosswalk Safety Improvements prepazed by Fehr & Peers and obtain an encroachment permit from Caltrans it is necessary to obtain the services of a Civil Engineer to prepaze improvement plans. Please find attached a proposal from Allied Engineering in the amount $12,000 for development of design plans for crosswalk safety improvements at Oak Street and Highway 9 (Attachment 4). The City received two proposals for the work. The second proposal by Nolte & Associates came in at $26,000. The completed conceptual plans for both crosswalks and the stripping plans for Horseshoe Drive crosswalk have been prepared by Fehr & Peers and are being funded out of their executed Traffic Engineering Contract with the City. It maybe necessary to supplement their yeazly contract at a later time dependent on the amount of requests for Traffic Engineering Services during the yeaz. If City Council approves the design contract with Allied Engineering, design plans will be prepared and submitted to Caltrans by the end of October with construction scheduled for completion prior to the end of the calendar yeaz. A contract for construction will be submitted to City Council in November for approval. FISCAL IMPACTS: Work will be funded from the Streets and Roads Fund per the attached budget resolution. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Design work will not move forward at this time and the proposed safety improvements at both crosswalks will not be implemented. 3 of 4 ALTERNATIVE ACTION(S): N/A. FOLLOW UP ACTION(S): Design plans will be submitted to Caltrans for encroachment permit approval. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Draft Highway 9 Safety Feasibility Study. 2. Crosswalk safety improvements at Oak Street and Highway 9. 3. Crosswalk safety improvements at Horseshoe Drive. 4. Allied Engineering Design Proposal. 5. Budget resolution. 4 of 4 N~ m$ ;-n ;m ~~ '~ ;ro ~, ~, :H A ~~_ ~7 y¢E 3 L OAII STFEET 1 1llQl,1 LL1141J F ~/ T C n 9 ~ mZ o~ m 1~ pc sD z~ n~ 0 N T N ~ ~ y mA is d nx v my a H zm ~~ ''v N ~ R~ (1~~~~~~~ ~Rd aiq, i ~~~ B }~ ~~ {~ ~ ~ ,~ . ie ~~~ t2 85 r• w$ m 2 m m N nt 3 ALLIED ENGINEERING COMPANY Attachment 4 Scptember23,2004 File No. 54-2004 EP (408)868-1274 (408)868-1281 Fax Ms. ]vela Harvancik City of Saratoga Public Works Dept. 13777 Fruitvale Ave. Saratoga, CA 95070 RE: Engineering Proposal Rte. 9~Oak Street Safety Improvements Saratoga, C.A Dear Ms. Harvancik: hi response to your request of September 21, 2004, we are pleased to submit our engineering proposal for providing civil engineering and land surveying services for the above-referenced project. The following provides you with a description of the work items included in this proposal: A. TOPOGRAPHIC SURVEY AND TOPOGRAPHIC MAP Research anLl obtain copies of available survey maps, onsite and offsite improvement plans, as- built or record utility plans pertinent to the required survey. 2. Obtain the available descriptions of monuments, referencing the horizontal and vertical datums upon which the work is to be based. 3. Complete a topographic survey of the subject site as shown on the attached map. 4. Prepare topographic survey map showing subject existing street improvement. Plot existing utility information based on a combination ofsurvcyed data and record data. TOTA1, FEE TOPOGRAPHIC SURVEY & MAP Allied Engineering Company Lesterlkegami A Division of IK-GM Consulting Engineering, Inc. Kenneth G. Masunaga Consulting Civil Engineers Surveyors & Land Planners Dianne Growitz 3170 Williams Road San Jose, CA 951172656 $5,500 allied@ a ILetle ngr. com (408) 241-1960 (406) 241-3047 FAX .~cF..-c.+-v+ ~ ~ mac...-, r.. , .~.. ~ .7 ..~`.. .~ .~.... B. FINAL OFFSITE STREET IMPROVEMENT PLANS Complete offsite street improvement plans as required by City/Caltrans. 2. Plans shall he done to Caltrans Standards using dual (Engish/metric) units and shall include modification ofcurb and getter, sidewalk., curb ramps and drainage. 3. Assist client in obtaining approvals from State Dept. of Transportation TOTAL OFFSITE STREET IM1IPROVEMENT PLANS TOTAL THIS ENGINEERING PROPOSAI, SERVICES NOT INCLUDED 1. Services not included in this proposal are as follows: a) Righi of way surveying b) Construction staking c) Construction Administration d) Traffic signing and pavement delineation e) Retaining wall design. t) Attendance at City Council/Planning Commission meetings. ADDITIONAL SERVICES $ 6,500 s'I z,ooo 1. Any services beyond the scope of this agreement and any revisions to the final dra+vings, calculations or specification proposed by others, construction services and field inspection will be billed on time and material basis in accordance with the attached hourly rate schedule. ]n addition to the above fees, we would invoice for printing, reproductions, special deliveries and related items as reimbursable expenses. ASSUMPTIONS This proposal is based upon the following assumptions and qualifications: 1. Prior to star) of work, client agrees to provide Allied with: a) Record onsite improvement plans (if available) 2. Property lines and right of way lines will be plotted based on available record information and will not be based on a Cield survey. Property lines shown will be approximate only. 3. Construction Documents will be based on City's conceptual design. Should the City decide to revise the layout during the Construction Document Phase all services requirul to revise the Construction Documents to accommodate the change will be billed as extra on a time and materials- basis in accordance +vith our attached rate schedule. JC~.s-GJ V~ ilGC/+ /'~ ~ ~ ,cu.~ v •y •rcc• •~~•~,. vv ~~ c - - 4. All applicable City, County, State and'or Agency fees will be paid by the City. 5. All project meetings will be held locally. SCHEDULE. We are available to begin work within ] ~ working days of Notice to Proceed. Tltis proposal is good for 60 days from the date of this letter. If this proposal is acceptable to you please provide us with a Standard Agreement for this work. Our engineering fee will be due and payable upon the completion of the work as out]ined above, or upon the rendering of our engineering statement at the end of each month for the amount of work completed during the month. If you have any questions or desire any additional information, please feel free to call upon us. Yours very truly ALLIED ENGINEERING COMPANY f/- l.l:dg Lester Ikegami, PE Encl. RCE 30520 Expires 3/3]/06 Notice of Registration: The responsible civil engineer for the project is registered by the Board for Professional Engineers and Lattd Surveyors. Accepted by: Date: ....~f..- ~.~ .,-. ~~.~~.. ... .~,. .- .~ ..-....-. .~ -- ALLIED ENGINEER/NG COMPANY 2004 CHARGE RATE SCHEDULE A. HOURLY FEE - OFF]CE WORK Principal Engineer:'Engineering Manager 5105.00 Senior Engincer 97.00 Project Engineer%Survcy Coordinator 88.(10 Assistant Engineer 78.00 Computer/Design Draftsman 68A0 Senior Draftsman 60.00 Draftsman SSAO B. HOURLY FEES -FIELD WORK 2-Person Field Partv 165.0() 3-Person Field Party 200.0(1 Field Engineer/lnspeclor 72.00 C. EXPENSES Reproductions and other expenses Cost + 15"., Other Outside Charges andior Services Cost + 10",., Transportation $0.375 per mile CADD Work Station $10/11r GPS Survey Equipment $500.00 per day In-House Reproductions 24 x 36 Mylar 20.00 ea ] 8 x 26 Mylar 1 O.OU ea 24 x 36 Vellum 5.00 ea 24 x 36 Bond 1.SU ea 18 x 26 Bond 1.50 ca I 1 x 17 Xerox Bond 20 ca 11 x 8.5 Xerox Bond .10 ea Effective January L 2004, subject to revision after December 31, 2004 Lester Ikegami Kenneth G. Masunaga Dianne Growilz allied@alliedengccom Allied Engineering Company A Division of IK-GM Consulting Civil Engineers 3170 Williams Roatl (408) 2411960 Consulting Engineering, Inc. Surveyors 8 Land Planners San Jose. CA 951172658 1408) 241-3047 FAX Attachment 5 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 $12,000 AND PROVIDE AUTHORITY FOR CHANGE ORDERS UP TO THE AMOUNT OF $1,000, AMEND THE BUDGET FOR FY 2004/05 TO PROVIDE $12,000 FROM THE FUND BALANCE OF FUND 150, HIGHWAYS USERS GAS TAX FUND, TO FUND THE CONTRACT. WHEREAS, proposals were received for the engineering design work for the Oak Street and Highway 9 crosswalk safety improvements, and WHEREAS, Allied Engineering Company submitted a proposal of $12,000, and WHEREAS, funds amounting to $13,000 are needed to 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 Saratoga is hereby authorized to sign a contract with Allied Engineering Company in the amount of $12,000 for the Oak Street - and Highway 9 crosswalk safety improvements. 2. Staff is hereby authorized to execute change orders to the above contract amounting to $1,000 if necessary. The City Manager or the Administrative Services Director is hereby authorized to make any necessary budget adjustments for FY2004/OS required to fund the above contract. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15`h day of September, 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk 08 Q oQN A C 4~ n 4 /~ 1 C 1~...1 ~,•I 4 C n I ^^~, I^~ ~ `/ T~ 1yV1 r ~J ~D s~ s ~ z N N S ~ p AQ A ~]"'I ti I~ O 2 2 c t~7'11 ti l~• s z u, VI m C 1 N O c 0 ~i a .. 0 r 0 pl d O N O C W d d 08~ O~ .. c w y L s ~ z n 0 a i LI- o ~..( V __ [77 y s n C/I _,', m 3 WA •J/ 1 n r m a ~, I Z .ZI m 3 ~~.E.FL A Ir ~ O d C ~ m W 3 m ~, °NDpE p ~~~ .0~ E ~ f ~'$~tv ~~~~v S~J. IF%IN°. ?~ 9S ari ~~ /m'~ 9 r; ~O a ~N-~ ,fC'N. C~A(rAYldrA AV. S Z ~ ~.' ~r G ,P~~~vh : TC~ ~n~ Fq ~ LOb4 p4~4L' d ~ W <D O ~ .cA(Oxq~~ ,~f ~ o'~b nod RIp d ~ ED ~ (=n mnCgfRY AV Y ~ -~ °~ ~ ga "'~',~ C y f 2 ~snc ~ ~ P(. [un1 IA ~.:. ~v...,~e5 , ~fbo O ~ 7 C. n, cYEprh .c "' -pwfsrcn <' ti a::.;,:.p~~S+cro. O W fD 7 O ~a oor wF ~'- ~xNEgL1Pa ~y `'LS °rr~ ~. Z ~ r x ~ 3 0~ 4 PS5 tD ~ w ~ ~ ~rc~ R ~ c wPoDYEi. ~ ~ ~ _ ~ ~ o ybr. FSNOf pp ^ T~„1' .~ 7 ~ SU C "~, ES Oy (~ ~ 4y m CT Dfl. s4 N ~ ~ 9L n. ~ ~ ~ a N a~N~ ~ ~ s ° ,~~Om g V °' ~ ~ R5 E LR `' ~r ~ ~ ° P 'fE ~ ~ C7 0. ~ FAR'NELI 4p.. -'i.T? .C.. ~ ~ 4 m UT. `~- c;~c ~ w' ~ ~ ~~ ~REEn ' F ~°PV' e°E~, ^^.* SU yy~- O9 LN ~~ r 9L END `. BANANGA (y T~ t ~ C ~ / AV. b°E5 ~ ~ PV" -P~ M~ P~ ' ~ ~ PR°~w ~' -ciP FyvPG~ ~ _, xWN4{' q~ ,P(~k' Cr(4 R ~ ~ ~~ ~ ~ ONAMTE CT. <ST~' 9 Oy ~'q, Oq( E e 'P c1.Ee~NP ys a~ pason. b z pk y s~j / OG. . Di m WLINN EMUN r > ~\P ~ 6y`~p ' ~ °y ~ EL CAMIND f C(rxU m N: SExOh "'~ y S( n ~ ,(A I.. . BOOx1iF t•`'l~ rGE ONN SVERfl ~ '-- ACNEdIk '"y 30NVdV ~ Cl, i TiJQ 09 _Y ~e AV M,ON{r`WOP°tP i f0 y,°ME v`4 ECM. ~ N OR~ oy rn v 4, ~ ro NMaLE 53~~~Y o n + I ~ ~4'f: y9 s ~~,. ~4A,,, 16~ a ~ `~.: bpq G'r~.. . i O ~ A BlYrya F. ~ a '~ q~q b000 ~i _y ~` 'f .<qqq ~"D y ps ~~ 9 ~°a o ~ ( c N CS Yk ;j ,1P`~y4cAtOfl ND '~e` mDN ~` , Y, ~tV i . s~ ( xz k ~ ~`1 F -f~ / ~R w f~y+X~~l F Y ~ n ~ ~F m~ C ~ ~ ~b `~ 1 n + i q e Y ~. Y' ~ 9( w f , r. N ..~ Sri ~ ~~~ k x v~6' ~ F ~~ Illli~~. Lsr ~> ~ k~ ,5~ ~r ~YL ' 'A 1~ i FM ALEx~A ~ ~ I~G °;°~n bi :~ ae rr ` bONi Y.Vi?Vr 1 3' g+ tr ~EPYL t'W. ~? a M. s F6NTGRM ~ 5L' N ~,AY r~ . ~' ~". sh* 5AN BENRO r^ c Q y~, - ¢ _ z `2 L` ~ S N i pV~. !$ MOMEREY AV.~o~ s~~.`4'/~-p~. ;. AV $" ?,. / ¢ ACM A6p0 '$~ ~ wDUSTPI E.RO. AV. 4 ~~ 61ATNN < : ~ Ul VERSlT1 ~ ~ -I mQ `" 4 aFOREST AV. UNNFPSOY u AY yipplGl T P¢' m PvFIN .: m> IP AY. ~ W ~NANp RA S EDELEN AV. ~'~'4O YOpo ~ p6N AE tT. c DPVAIVF' , 3 ~ . (~01.=.. ~1 Lw .~~5 _. N (Y ~Y u e6hF ~to~~ ~~ it i ~I~i~ ~. m "~ ~?°m'... ALB pp i .° ,~ Z ~ ; ~ ,~, ~. , o a ~n QiO.r Pv ~ ~ <ixkl v O S~IS{. ~.i. ~ ~ h n 'I - -9' ~ ~ FlS1iF 'r ~~eT. ~6fLlA VIST ~ ~ ~ O` ss Gar + F ~ v ~ nra q wxlrxd `. ~...sn- ~ m .... C! F D / AF ~ ~+YD6FMITE E 2 FEANMg m Q ^ ti m ~c D '1 sCT N T //yy,~ o R/ J 2 //~~ s V ~ fff a H C/I C A W lrD r m 0) y Q aR a ~p. t.~ ~.. DDA Opo /y 4 \ yo ~v~L' SIN°. g 4; ~ ` ~~ , Elm' ; ^ Y ~ 4 s~G^y.' leC~ -ALTA L os •' sr N !¢'~. fpiw YarA Av. ~ fA ~ ~ m m m ~ =~`"sr,. ter. ~p y~l;4ea''\F pA`~L, tl7 O O x. x. x. ~ "`"sLY,g~ v~ pia ~°$+' `A'()~„'+ LD ~ ~ 0 O '+ _« M cA(pHAs°~ o~ e.iga ~~° $nF~ Ro RIO ~ C7 fD fD ~ ED f~ m~'YL`RY AV. ~ 'ef ' o~ a ~q4T N ~ ~" ~' (_n ~ m ' $FxY ~' a Lure a~~: Wa...~~ ,,,~ i ERY PL C ~ ~BT c ' fi ~ !O ~ ~ m C) ED v s CORY pF -Da cow ~ ~' `E~ P^ pi\fP ~ ~ N 7 ~ 0 ~ `~ O. ~ ~ CARNELIP~ °Lfy a~OP OCl 5g ~ tRE~ y ] N -~ n S°+a~ Q ~ OgEA ~~- Q C) n (_n y ~ o ~ ORSESN Y ~g A'O ~ n ~. Q ~- ~ BOy OE DA. ~. f FD O (~ 7 CD C) ~ ~ pOREEB DA. UG ~ y ~~ ~, s s d ~ y _ N d ~ N ~ ~ g NN1 g1".OYA~ ~ a ~ ~ ~°pN ~Om ~ ~ oL g ELN r^ „°~' ~. ~ y ID. y~$ ~~°PK ~ Nom' pOJA. v 4 y ,A ry FARWELL N vy : - 1?" ~' :fP iFPEE ~4 ~°PKIP ~pYN„''~4~~N W 9~ G9 IN A= cf T gv. PE °t. N QPV~P~ Mr`s ~~~ ~ ~10geN ~`' ~~~ BAY ~ i i°PV . NPON 4t' ,~~oOPPalR' Chi s w < °~ , g ~ DAAiPtE OT. 09 T ~ \ n~P~ pRl E ~ 0 PoP a,~s ~ W ~ CLE s OR pk4_.. n CDLINP Dfl. . SE' EN°W l p ~ Y~ e °y~ FL CAMINO ~2 CITgNS '^ s SFNOA - ~Y - LN, i r~A a .,e OCNIIFp( D~'t~' ~f2' CUM SPE0.11 ~. 9FS 1 3lINYND GT fi a 'i vc ~ 09 AV. _ ° N°PtE~ P 3 ~'Oig ~(. \ i °m ORIOLE -J 'Ni gi~~ ~ ~ NY~ ,~., a~~ „~. o "' a oy o ~ H . ~~,~: n rid s i 1b4E° I > ~' Cr ~pNTA. t'~ '.. RLYT~wDDO 9 R `~. y~ € Y ~! ,p. 9 's "AF (q c Fy ' t 4"CATUq pp / oYON m 4.~ ~~ , s+ t, 1' ?~ ~',' RA,k O ~ ~Y '6f3gPl~s ! •: ~.~ I i^U~ ~~~ i'I f ~ 5 ~ y ^~~ ~ re r~~s~~i ~F ~ !E Ep k ~ il~~ f i Sal. \' ~ ~~ ~ ~ y ~' _Y ~ 1 31 ~,w i. 5~9s tai Y~.vT .~ $(if~ ~° s a.t 'd P~ t M i~Yv "'ti },rFry:. ylr `F~r~w,}„Y~, ~,~rrC ?~ ..'gNOI !fir D',~„~.R~3 ~e Yr°~+sYY-' 1 PI ~ !3 1 gK ~ ~ ... "4F'K',~r'a 'SP~~ y^ >~f lad' ., I EN. -. . ~ ,~. ALE.YANO ~~ ~ ~ Ni ~ ~~ 0 ~y l y~ @ - _AM Ti` Hb~ r 9 _ ~ 1~y~ R +S{ { 1 LL LN. . ' ~ ~ ,; ~ ~ ~ a ~ gat c au. ' r lirgaME~~ ~'6T:.~,~ III Av v^ ~ ~1 N`BENITO m v Q ~ ~ rx P ; AONTEREY ~y m ~_ ~.. ~f~~` ~AY. ~'., °s a.a f pY. 2 ~ ~ ,BANTA CRUZ NWg1R7A f.q0`.. AV. ~ 6TAtAIN ><..: VERSITY - r^,^^'"*? .._-. ~~~` if ~FORE`+T AV. ~~ UNNEgDRY f A ppG TAV s' WFRY ~;.:~ EOYlEN AV.'g P > ": IR AY "` ~ ~ ~': ~WKWAY ~~ ~OR .. ~~ ~LA u~ NFA AEI °t p~ °RKA/pd~• , ~+$ ~ Y ~ ~4 . !i AU OR z ... ~2c+t' N o' ,. ~', WIND WT ~9~' PTtO $Y >• ° i~ Z s r P I s' O / t ~f°m E' ~ a YLfRCL ~. e `g' ~ FlNNF rEnpncF F. RELU VRiT a o , CL L O ` ~ car ~ ~ ~ ~ ~ J ~ k u.~VMEY' ~.?4]... 3 ~m ~... ~j iR1RR D ~ ~ gYDREMIiF e 2 EERfll6~ m SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY: Lori Burns AGENDA ITEM: CITY MANAGER: ~~~`y'- DEPT HEAD: SUBJECT: Installation of Two (2) Exterior Wall Plaques at Saratoga Library RECOMMENDED ACTION(S): Accept recommendation of Library Commission and direct staff accordingly. REPORT SUMMARY: "Furnishing the Future" was a successful Friends of the Saratoga Libraries' appeal that, to date, raised approximately $400,000 specifically for furniture, fixtures, and supplemental materials for the expanded Saratoga Library. In exchange for various funding levels, donors received permanent recognition by way of a ceramic book spine, patio brick, or ceramic patio tile. However, currently there is no signage explaining how or why names are displayed on book spines, bricks, or tiles. Bill McDonnal on behalf of the Friends of the Saratoga Libraries proposes installing 4'x 12' bronze plaques on the exterior walls of both patios (one on the Community Room Patio and one on the Cafe Patio) that reads: "COMMUNITY ROOM PATIO CERAMIC TILES PERMANENT RECOGNITION OF DONORS TO THE FRIENDS OF THE SARATOGA LIBRARIES' "FURNISHING THE FUTURE FUND" FOR LIBRARY FURNISHINGS AND ENHANCED COLLECTIONS" "CAFE PATIO BRICKS PERMANENT RECOGNITION OF DONORS TO THE FRIENDS OF THE SARATOGA LIBRARIES' TURNISHING THE FUTURE FUND" FOR LIBRARY FURNISHINGS AND ENHANCED COLLECTIONS" McDonnal distributed actual samples of plagues and wording. The County has approved the installation of such signage inside the library. The Library Commission passed a unanimous motion at its September 8, 2004, meeting recommending that City Council direct staff to complete the installation of the two plaques at the relevant locations. Samples of the plaques are attached. FISCAL IMPACTS: Friends of the Sazatoga Libraries will purchase the plaques. Cost to the City would be the staff costs involved in hanging the plaques. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Library patrons will not know why names aze displayed on ceramic tiles and patio bricks. ALTERNATIVE ACTION(S): Do not accept Library Commission's commendation. FOLLOW UP ACTION(S): Direct staff to follow-up with Friends of the Saratoga libraries to select location for plaques and place order, then have staff install. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Samples of Plaque 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 ORIGINATING DEPT: Community Development PREPARED BY: Thomas Sullivan, AICP AGENDA ITEM: CITY MANAGER: O~~ DEPT HEAD: SUBJECT: General Plan Map/Zoning Map Inconsistencies RECOMMENDED ACTION: Provide direction to Scaff. ~~~ .. Shaded Parcels are zoned R-1, 40,000 and have a General Plan Designation of RLD The RLD General Plan designation could allow 2.1$ DU per acre or a 20,000 square foot lot. A Zoning Ordinance amendment was proposed for the above referenced parcels to conform the zoning to the maximum density permitted under the General Plan land use map. The above referenced parcels are designated as RLD Residential Low Density (allowing a maximum of 2.18 dwelling units per acre) in the General Plan map, which was adopted by the City in 1987. These parcels are currently zoned R-1, 40,000, which requires a minimum lot size of 40,000 square feet. The RLD designation in the General Plan translates to a minimum lot size of 20,000 square feet. REPORT SUMMARY: Section 65300 of the California Government Code requires cities to adopt a comprehensive, long-term General Plan for the development of the city and any land outside the city, which bears relationship to the city's planning. Section 65860 of the California Government Code requires the Zoning Ordinances to be consistent with the adopted General Plan. The State General Plan Guidelines state that "an action, program, or project is consistent with the general plan if, considering all its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment" Because the General Plan specifies only a minimum permissible parcel size, it does not preclude larger parcel sizes or zoning requiring larger parcel sizes. To promote conformity between the General Plan land use map and the zoning map, however, staff had proposed to the Planning Commission the adoption of a Resolution recommending that the City Council rezone the properties to specify the same minimum parcel size as established by the General Plan land use map. As can be seen from the attached Planning Commission minutes for the February 25, 2004 meeting the Commission was of a mind that the current zoning best reflected the conditions in the area and General Plan and related policies other than the land use map. It was also discussed that an effort was already in place to update the Land Use Element of the General Plan and that the General Plan land use map should be considered for amendment as part of that update. The Commission favored the lower density solution in all cases. Parcel Specific Analysis of Impact of Rezoning The following list depicts the parcels subject to rezoning in terms of address, lot size and maximum allowable floor area. Address Lot Size Maximum Floor Area A. P.N. R-1-40,000 R-1, 20,000 20550 Lomita Ave. 23,450 sf. 4752 4752 517-12-022 20568 Lomita Ave. 20,744 sf. 4518 4518 517-12-021 20500 Lomita Ave. 29,199 sf. 5220 5220 517-12-020 14931 Vickery La. 35,107 sf. 5688 5686 517-18-018 28011 Audrey Smith La. 40,002 s£ 6,020 6000 517-19-085 28021 Audrey Smith La. 44,892 sf. 6,100 6000 517-19-084 28020 Audrey Smith La. 48,362 sf. 6,180 6000 517-19-083 28010 Audrey Smith La. 51,946 sf. 6,240 6000 517-19-082 20170 Bonnie Brae La. 42,837 sf. 6060 6000 517-20-021 20161 Hill Ave. 42,803 sf. 6060 6000 517-20-016 20152 Hill Ave. 74,033 sf. 6700 6000 517-22-004 Subdivision Potential The zoning ordinance requires 20,000 square foot "net area" for parcels in the R-I, 20,000- zoning district. As the above table illustrates, seven of the subject parcels could be subdivided under the R-1, 20,000 zoning designation. Six of these parcels are currently developed with little area for subdividing with the exception of 20152 Hfll Ave. Maximum Floor Area Since the maximum floor area for parcels in the R-1, 20,000 zoning district is 6,000 square feet, and the maximum floor area for parcels in R-1, 40,000 zoning district is 7,200 square feet, seven parcels will lose allowable floor area [Section 15-45.030 (d) and (e)] with the proposed rezoning. r Since seven of the parcels exceed 20,000 square feet, the floor area calculations render their -- allowable floor area over the threshold allowable for the R-1, 20,000 zoning district and those seven pazcels have a reduction in allowable floor area. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTIONS: I. Endorse the Planning Commission's direction. 2. Direct staff to prepare General Plan amendments in advance of the current update process. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: I. Letter from Mr. Weider 2. February 25, 2004 Planning Commission minutes. MARK lt, ^VGEIS.LER ~~~ 'dtiesday juiy 27, 20D4 ~at~g;a C~t~ Council:.:. ~ ~~~: i~aygt ,Ann Walconstnith 'l`ice Mayor Kathleen ling Counellmambet Stan Bo~osian rChuiaciltnembar 1'Varrttan Kline Gcatncilmeinber Nick Streit Saratcis,Ia City Planning CUmmsSiarl; ~nrgrnissioner M~haanmad Garaki<ni (Chou) Cott><nissianer Susie V.1Vagpal (?ice Chan) , Corxunissioner fW Huntet Gonunissioner Ruchi Zutsku Commissioner Linda Rogers ~tsrarniBsionek Mike'xJhl ; ' 4€3tnnaissiox~et Mipltael'Schallop ~a`rat.ea~a `C"ity Str1~f; Mt'Tom Sullvau, Cnmmumity beveloprnentDirectot Dear Council Members, Comtnissioners and Mr. Sullivan, ,I aaxi mxitix,~g because I >,ia~e learned of the mismatch between the -Sarat' ~lt~„l . thu potting b{ certain Saratoga pxaperties incltadn~•m at°201G1 FT~•,vsx .~~~~'~ ~ ~ ` d tlxat fi~ae General Plan designates Phis pmperizy as`~.-Y'~O,OOOwhile ~ti~t~~ . R 1-+~t9,U0Q. I understand that the General Platt is the authoritative "law of the larkd" atad..il~ax Otl@r'law~ and Ordinances are subordinate to the General plan. 1"hus, zoning shOnld Ile bxa~ght utto line with the General Plan. In~p property is incorrectly zoned as R-]-4Q,000 because the General Piar~ denates it a& R- ' 7-2fl,-04D artd.tlSe General Plan 4s authoritative. I request cuidence showgng how and when the zoning of my pxopExsty was ~ ftarrt R_ 1-20r~00 to R-1-40,000 as I am unawaee of when or how this change was mach If evidence of a zoning chattge is not provided to me bq August 25 2004, I request that the ztrning on,luy property be set by September 25, 2004 to R-1-2p,Op0 ~ drown on the Saratcaga General plan. I request that my property. rights be preserved. I :recognize that this mismatch in zoning is an issue far Saxataga and has led tO a review of the General Plan and the formation of a citizen advisory conunittee that may address this teapia I have been appointed to this citizens advisory committee. If, as, or when the zoning of my property is changed in a lawful manner, I intend to abide by that change. Sincerely "~.~~C%'L/~~ Mark R. Weider 2U361 Iiil1 Avepue •Sarataga, CaliFornia • 95070-6310612 Phone: 408.867.9377 Page 1 of 1 Sazatoga Planning Commission Minutes of Februazy 25, 2004 Page 7 Nagpal said that there were nice comments received by the neighbors. Mr. Moha~nad Estahbanaty said that the neighbors aze very excited. Chair Hunter clos`L°d\the Public Hearing for Agenda Item No. 2. Commissioner Nagpal expressed appreciation for the opportunity to visit the other house Elva that was constructed by Mr. Mohaitunad Estahbanaty. Commissioner Gazakani said that this=,will be an improvement to the neighb ood and represents an excellent design for the lot. Commissioner Nagpal agreed that for this lot tAis is the only wa go and that this new home would be replacing an eyesore. ~~ Chair Hunter said that this home would be great and i dtlition would be very exciting for this street. Motion: Upon motion of Commissi r Garakani, se traded by Commissioner Nagpal, the Planning Commission opted a Resolution for pplication #03-273 to allow the demolition of an e ' ting home and construction o ~a new 2,876 square foot two- story resident property located at 14241 Paul Aveln \ by the following roll call vote: AYES• Garakani, Hunter, Nagpal, Schallop and Zutshti.,~ N S: None ABSENT: Barry and Uhl ABSTAIN: None *** PUBLIC HEARING -ITEM NO. 3 APPLICATION #04-002 -Rezoning Various Parcels for General Plan Consistencv (517-22-004, 517- 20-016 517-20-021 517-19-082 517-I9-083 517-19-084 517-19-085, 517-18-018, 517-12-020,_517- 12-022 517-12-0211 Various Owners 20152 20161 Hill Avenue 20170 Bonnie Brae, 28010, 28020 28021 28011 Audrev Smith Lane• 14931 Vickery Avenue 20500, 20550, 20568 Lomita Avenue: A Zoning Ordinance amendment is proposed to maintain consistency between the General Plan and the Zoning Ordinance. The above referenced parcels are designated as RLD (Residential Low Density), 2.18 dwelling units per acre in the General Plan. These parcels are currently zoned R-1- 40,000, which requires a minimum lot size of 40,000 square feet. The RDL designation in the General Plan dictates a minimum lot size of 20,000 squae feet. Rezoning these parcels to R-1-20,000 will restore consistency with the Genera] Plan. Information regarding the proposed rezoning is available at the Community Development Department at 13777 Fruitvale Avenue. (ANN WELSH) Chair Hunter recused herself and stepped down as she lives within noticing distance of this project. Vice Chair Zutshi assumed the gavel to serve as Chair for Item No. 3. Assistant Planner Ann Welsh presented the staff report as follows: Saratoga Planning Commission Minutes of February 25, 2004 Page 8 • Advised that staff is recommending the rezoning of 11 pazcels from R-1-40,000 to R-1-20,000 in order to maintain consistency between the General Plan and Zoning. • Described the pazcels as ranging from between 23,000 square feet to 74,000 square feet and located on Hill Avenue, Bonnie Brae, Audrey Smith Lane, Vickery Avenue and Lomita Avenue. • Stated that the impact on these properties would be minimal and only one pazcel is significantly impacted, the 74,000 squaze foot pazcel on Hill Avenue. • Stated that this Zone Change would allow subdivisions into 20,000 squaze foot lots if no environmental restrictions exist. Added that this action is proposed just to maintain consistency, which is required under State law. • Said that the General Plan is mandated to be the guiding document and that staff is proposing rezoning as the means of addressing the inconsistencies between the General Plan and Zoning for these 11 pazcels. Commissioner Nagpal thanked staff for driving the Commissioners azound in order to see all of the lots. Asked for clarification that any subdivision would be required to meet all requirements. Assistant Planner Arm Welsh replied correct. Commissioner Nagpal asked if every neighbor to each of the 11 parcels impacted had been noticed. Assistant Planner Ann Welsh said that a very thorough mailing occurred and that she personally had checked the mailing lists and maps. Approximately 150 people were notified of this hearing. Staff made the best effort. Commissioner Nagpal asked staff if any written comments were received. Assistant Planner Ann Welsh replied that she received questions over the phone and at the counter but had received no written petitions or letters. Acting Chair Zutshi asked what types of concerns were raised over the phone and at the counter. Assistant Planner Ann Welsh said that some who called or stopped by the office were actually impacted property owners who wondered if their property development prospects would be limited by this change. Other adjacent property owners were concerned as to whether their neighbors' property could be subdivided as a result of this Zone Change. Others simply asked why this proposed change was even coming about. Acting Chair Zutshi asked staff to explain how this discrepancy came to the attention of staff. Assistant Planner Ann Welsh: • Reported that one property owner was at City Hall to question what he could do with his family's property. At that time staff realized that the zoning was R-1-40,000 while the General Plan Land Use Map said that the property could be developed at two units per gross acre, which is consistent with R-1-20,000 zoning. • Explained that the City Attorney advised staff that the Zoning should be amended in order to match the General Plan. These are apparently map problems that were never caught. Sazatoga Planning Commission Minutes of Februazy 25, 2004 Page 9 Commissioner Nagpal asked how it would be addressed if existing homes are larger than would be allowed under the R-1-20,000 zoning. _ Assistant Planner Ann Welsh advised that Audrey Smith Lane parcels would lose some allowable squaze footage but that many of the properties have slope and creek issues, which already reduce allowable square footage. Director Tom Sullivan added that if an existing home is larger than would be allowed under the R-1- 20,000 zoning, that home would be considered to be legal non-conforming. Acting Chair Zutshi clarified that nothing would happen to these existing homes. Director Tom Sullivan replied correct. Commissioner Gazakani asked what if someone wants to add squaze footage. Director Tom Sullivan advised that they would have to meet current square footage standazds. Acting Chair Zutshi opened the Public Hearing for Agenda Item No. 3. Mr. Robert Zager, 20292 Calle Montalvo, Saratoga: • Stated that people have invested in homes that were consistent with zoning. • Added that if these properties are to be rezoned and possibly subdivided, this would increase housing density and also affect forestation. -- • Suggested that the right answer to these existing inconsistencies would be to conform the General Plan Land Use designations for these properties to the current zoning rather than changing the zoning to conform to the Genera] Plan. Commissioner Garakani asked staff if this option is possible. Director Tom Sullivan replied that this is not the action prescribed by State law. The General Plan reflects a broader brush than individual lots. Amendments would require reviewing the entire Land Use Element. Changing the zoning is the best way to cure the problem of inconsistencies between General Plan and Zoning for these 11 lots. Mr. Matthew A. Crosby, 20308 Calle Montalvo, Saratoga: • Advised that he is against the proposal to rezone the properties on Audrey Smith Lane. • Pointed out that Audrey Smith Lane was developed recently. Added that at the time the proposed development was discussed, property owners on Calle Montalvo were concerned about density. In negotiations with the developers of Audrey Smith Lane, it was agreed that these would be one-acre parcels. Changing that now ignores the history of that development. Development on Audrey Smith Lane went through with one-acre lots not half- acre lots. • Stated that this is a unique perspective to this particular issue. • Suggested that the Planning Department take Audrey Smith Lane out of consideration for this Zone Change since these homes are already developed with approximately $4 million homes, which are '- not likely to be demolished and rebuilt with two homes. However, the neighbors don't event want that prospect to exist. Saratoga Planning Commission Minutes of February 25, 2004 Page 10 Commissioner Nagpal asked Mr. Crosby how large the lots are on Calle Montalvo Mr. Matthew A. Crosby replied they are one-half-acre lots. Ms. Cheriel Jensen, 13737 Quito Road, Saratoga: • Stated that density changes impact flood conditions that create concerns where there were none before. • Asked about the potential tax impacts with the Zone Change. Director Tom Sullivan replied that there is no tax implication unless something new is built or the property subdivided. Ms. Cheriel Jensen: • Suggested that if these properties were to be rezoned, the environmental review should go at the beginning. • Said that conformance with the General Plan has nothing to do with just numbers. Other elements are also impacted. • Pointed out that development of cul-de-sacs used to be limited to just five homes. This standazd is important in the hillsides. • Added that zoning is more specific because of slope. • Reminded that an Initiative was passed for the Western Hills that resulted in the rezoning of the whole thing. The group that supported that action had thought that existing zoning was sufficient to handle the issues of the Southern Hills. • Said that she visited and reviewed the 11 properties proposed to be rezoned here. • Pointed that faults lace throughout the azea. • Stated that the azea was zoned for one-acre lots to avoid landslides. • Said that she would like to see this process die as it is not advisable. • Declared that she does not want to add density to this area. Acting Chair Zutshi asked Ms. Cheriel Jensen if she has any documentation Ms. Cheriel Jensen said that these actions occurred in the eazly 1960s. Mr. Vince Borelli, 20200 Hill Avenue, Saratoga: • Pointed out that he was here two weeks ago. • Said that he lives next door to 20152 Hill Avenue, which is proposed For a Zone Change. • Advised that he has never received a single notice of this pending action. • Added that rezoning has the potential of adding traffic to the azea. • Expressed his opposition to the rezoning, saying it is not the right thing to do and is not in the spirit of Saratoga. Commissioner Garakani asked Mr. Vince Borelli for his suggestion on what else can be done to correct this situation. Mr. Vince Borelli suggested that impact studies should occur. Voting on this issue tonight is just wrong. Saratoga Planning Commission Minutes of February 25, 2004 Page 11 Director Tom Sullivan pointed out that any action by the Commission is advisory to Council. Ms. Rosemary Albreck, 20190 Winn Road, Saratoga: • Said that she is against this action and wrote a letter to that fact. • Stated that this proposal was a surprise to them. Director Tom Sullivan advised that current staff is not sure when this error occurred and could go as far back as the 1960s. Ms. Rosemary Albreck asked why no one was notified. Director Tom Sullivan said he cannot answer as he was not with the City at that time. Mr. Gary Smith, 20152 Hill Avenue, Sazatoga: • Thanked the Commission for its efforts. • Said that he has a Title Company document from 1957 and came to the City in June 2003. • Stated that all he knew was that his parents were aware their property could be subdivided. • Added that he is not sure if he will stay on this property much longer and that he has a high motive in getting the right to subdivide. • Said that their property has been surveyed. • Pointed out that if this property were to be subdivided laterally, from the road no one would see the second lot. Additionally there is complete access from both sides. • Added that the creek is several lots away from his lot. • Said that he has lived on the property since 1976 and shares the spirit of Saratoga and has been a member of the Chamber of Commerce since 1996. Mr. Vincent Borelli said that drainage is an issue as there are no storm sewers in the azea. Water ends up on the road. Every lot must have drainage. Acting Chair Zutshi closed the Public Hearing for Agenda Item No. 3. Commissioner Nagpal said that while it sounds like State law mandates consistency between the General Plan and Zoning, she is against rezoning these 11 properties to R-1-20,000 in principle. Suggested a change to the General Plan instead. Director Tom Sullivan replied that such action cannot be taken tonight. If a majority of the Commission supports that alternative, such a review of the General Plan would have to be on a broader base than these 11 lots. Commissioner Nagpal said that there have been a lot of concerns and impacts raised this evening. Asked staff how many of these 11 parcels could possibly be subdivided as a result of this Zone Change. Acting Chair Zutshi asked if the Commission has to support the change for all 11 lots. Director Tom Sullivan replied that they could forwazd their recommendation on a site by site basis. Saratoga Planning Commission Minutes of February 25, 2004 Page 12 Acting Chair Zutshi stated that the Audrey Smith Lane lots were divided in a consistent manner and aze fine as is without changing the zoning to R-1-20,000. Commissioner Nagpal: • Said that there appeazs to be a consensus about Audrey Smith Lane. • Said that she was okay with the Zone Change for Lomita and Vickery Avenues. • Added that for the rest, she is leaning toward evaluating more closely regarding possible subdivision or pursing possible General Plan changes. Director Tom Sullivan pointed out that individual parcel analysis requires engineering data that is not currently available. Such data is generally generated at the owner's cost when a property is proposed for development. Stated that he would prefer that the Commission forwazd a recommendation of approval or denial for these Zone Changes. Acting Chair Zutshi pointed out that since the Audrey Smith Lane properties are newer, the data maybe available. Assistant Planner Ann Welsh said that said information maybe on microfiche. Commissioner Gazakani said that such data should be looked at in order to make a sound decision. Commissioner Schallop: • Reminded that State law requires consistency between the General Plan and Zoning. • Agreed that people buy property based upon zoning. • Expressed concern that amending the zoning now might be a taking for some. • Suggested that this may be a case of the tail wagging the dog with this problem. • Proposed sending this issue on to Council asking them to consider a General Plan Amendment rather than upsetting the current owners with a Zone Change. Motion: Upon motion of Commissioner Schallop, seconded by Commissioner Garakani, the Planning Commission adopted a Resolution for Application #04-002 recommending that Council not take action to rezone 11 parcels but rather recommending that the City review the Land Use Map of the General Plan to achieve consistency, leaving the existing zoning as it is, by the following roll call vote: AYES: Garakani, Nagpal, Schallop and Zutshi NOES: None ABSENT: Barry and Uhl ABSTAIN: Hunter Chair Hunter returned to the dais and resumed the gavel. **« EVELOPMENT: The proposed Zoning Amendment establishes standards for mixed-use developments in the Commercial and o is nes of the City of SARATOGA CITY COUNCIL MEETING DATE: October 6, 2004 AGENDA ITEM: n ~~~ _._ ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: Cathleen Bover, Citv Clerk SUBJECT: Appointment to the VTP DE Committee RECOMMENDED ACTION: Appoint Council representative to the VTP DE. REPORT SUMMARY: The Valley Transportation Authority (VTA) has requested the City of Saratoga appoint three representatives to the VTP DE Committee. This Committee will include three representatives form each city in Santa Clara County and will oversee the design enhancements process in projects within VTA's Valley Transportation Plan (VTP). FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not be represented on this Committee. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Send notice of appointment to VTA. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Memorandum from VTA 09/30/2004 11:07 G~Ti9. 4089550693 e A N i A [ l A p A Valley Transportation Authority July 30, 2004 Mayor Ann Waltonsmith City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Waltonsmith: VTA PAGE 02/02 Santa Clara Valley Transportation Authority (VTA) is establishing a committee to oversee the design enhancements process in projects within VTA's Valley Transportation Plan (VTP). The VTP DB Committee will include three representatives from each city in Santa Clara County. As noted ia1 the attached Committee Bylaws, each city's committee members may include elected officials, staff members, arts commissioners or other individuals interested in visual arts. 1 hope that you will be able to appoint your city's representatives to the VTP DE Committee by September 15, 2004. Please notify Gail Collins, VTA's staff liaison to the VTP DE Committee, of your representatives' names. She may be reached by telephone at (408) 321-5754 or by email at gail.collins@vta.org. The first VTP D)/ Committee meeting will be held in early Diovember at a location to be determined. If you do not appoint your city's representatives by September 15th, the meeting agenda packet will be sent to you. VTA looks forward to working with your city representatives on this Committee. Since/~re_lye, Don Gage, Chairperson VTA Board of Directors cc: Dave Anderson, City Manager Attachment 3331 North First Street • San lose, CA 951 3 4-1 9 0 6 • Administration 408.311.9595 • Customer Service 40N911.1300 09/30/2004 14:45 ~Til. 4089550893 N• • 1 S ~ M T A ( l 1 e P Vnlley Transportation Authority UTA '-~^ .- ,, I pe~fy Shat tY 19 8?tue and E on fiFs In th9-E ~O ,yyU i .• v Date: Gate ~~.X,~~Y--+~~';:,.," T...,,,..:..^„~^; ~ ~nn~ , Committee 1Vleeting Date: January 18, 2002 _ Board Meeting Date: Februarys 2002 BOARD MEMORANDUM ACTION IC DISCUSSION IATF'4 TO: Administration and Finance Committee ~~'~ ~ ~ ~ Santa C1aza Valley Transpo tion .Authority oe~e+ r ~ A~ Boazd of Directors / `~ Selo ~ ~-"~ THROUGH: Peter M. Cipolla ~ o„:. /~o~ General Manager FROM: Anne-Catherine Vinickas~~~„ Director, Marketing and Customer Service SUBJECT: Bylaws for the Valley Transportation Plan 2020 Design Enhancements Committee {VTP 2020 DE) RECOMMENDATION: Approve the Bylaws for the V'I'P 2020 DE (Design Enhancements) Committee (attached). BACKGROUND: At its August 2, 2001 meeting the VTA Board of Directors approved establishing the VTP 2020 DE Program- The recommendation to the Board ilncluded providing a VTP 2020 DE Committee to advise on Program policy and implementation. Sta~F has developed proposed bylaws (attached) to govern the Committee's proceedings. VTA's Board Secretary and General Counsel have reviewed and made comments on the proposed bylaws. The 1996 Measure B CODE Committee reviewed the draft bylaws at its October 12 and November 16, 2001 meetings, and Committee issues have been addressed. DIS~T S ION: The original draft of the VTP 2020 DE Committee bylaws were based on templates for VTA's advisory committees to ensure that all advisory committee procedures are uniform and meet Brown Act requirements. The following Bylaws sections include provLsions specific to the UTP 2020 DE Committee. PAGE 01/01 n 0 R O a w t7 F~ r w W r n 0 r r w a a 0 N 0 w 0 N 3331 Narih First Street • San Jose, CA 95134-1906 • Administration 408.321.5555 • Customer Service d0A.321.2300 09/30/2004 14:22 4089550893 VTA PAGE 02 Section 1.3 Definitions: The VTP 2020 DE Committee members will represent jurisdictions in which VTP 2020 projects that are appropriate for design enhancements are located. Subsection C. defines "Member Agency" as a local jurisdiction within Santa Clara County, including the County of Santa Glara and cities within the County that have a VTP 2020 project appropriate for design enhancements. • Section 2.1 Dntiea: The duties listed are based on the responsibilitieslncluded in the VTP 2020 DE recommendation to fire Board and the 1996 Measure B CODE Committee Guidelines. The introduction to this section specifies that the Committee is responsible to the VTA Policy Advisory Boards, Transit Planning and Opezations Committee and the VTA Board of Aizectors. • Section 3.1 Membership: This section specifies the Committee's membership. Ex- officio (non-voting) members of the Committee include representatives of transportation agencies involved in VTP 2020 projects and VTA project managers for applicable VTP 2020 projects. The exact number of Committee members (and the number needed for a quorum) will not be established until VTA staff identifies the VTP 2020 projects that are appropriate for design enhancements. Staff will begin t0 identify these projects by the end of the year. • Section 3.2 Members' Terms: To foster continuity and lrnowledge of the VTP 2020 DE Program on the Committee, members shall serve until they resign or are replaced by their appointing authorities. At the October 12, 2001 CODE Committee meeting, the Committee had the following comments regarding the bylaws. The response to each Comment, based on input from the Board Secretary's Office and General Counsel, follows the comment. Section 2.1 Dntiesi • Comment: Add a statement that the VTP DE Committee is responsible for providing input on the aesthetic merits of each VTP 2020 project. • Response: Wording was added to Section 2.1.D to indicate this Committee responsibility. Section 3.1 Membership: • Comment: Member Agencies should determine who they want to appoint to the Committee, and whether their representatives are elected officials, staff members or other individuals interested in visual arts. • Response: This section has been revised to allow each Member Agency to appoint three voting members of its choosing to the Committee. Member Agencies can appoint representatives who are elected officials, staff members or arts commissioners, or other individuals interested in visual arts, as they deem appropriate. Page 2 of 3 09/30/2004 14:22 4089550893 VTA PAGE 03 • Comment: Eliminate the provision for alternate members. • Response: This provision has been eliminated. Each Member Agency representative will be a voting member. Section 32 Members' Terms • Comment: Include a provision for Member Agencies to discontinue membership on the Conunittee when their projects are completed. Response: This section has been revised to include this allowance. Section 6.6 Absences • Comment: Provide allowances in the absence pzovisions for Member Agencies whose staffmg resources are limited and therefore cannot send representatives to each meeting. • Response: This section was deleted. It is understood that some members will attend meetings only when projects in their jurisdictions are agend1zed. In addition to these changes, Section 5.4 Quorum was revised to indicate that the quorum is the presence of at least one member froze a majority of the Member Agencies. If a quorum is not present, the members present can meet as a "Committee of the Whole," and their discussions on agenda items will be forwarded to the Transit Planning and Operations Committee; Policy Advisory Board and VTA Board of Dizectozs. The CODE Committee reviewed these revisions at its November 16, 2001 meeting. The Committee accepted the revisions, and also requested that the word `Chairpezson" be changed to "Chair" throughout the document. Attachment: Draft By-laws Prepared by: Gail Collins, Special Projects Manager CERTIFIED COPY Page 3 of 3 09/30/2004 14:22 4089550693 VTA PAGE 04 CERTIFIED COPY BXLAWS FOR \. 1 certHy tit the~yrepOlt>O in~t is a true~Ghd exack copi( p~f . on ills Iriali6 SecrQJnry tpit3,~8v of ~~~,~ .. pirectvrivtfic0: onto ~~3~ `t';- SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA) VALLEY TRANSPORTATION PLAN 2020 (VTP 2020) DESTGN ENHANCEMENTS COMI4IITTEE Article I GENERAL PROVISIONS §1.1 Purpose These Bylaws govern the proceedings of the VTA Valley Transportation Plan 2020 Design Enhancements Committee (V'I'P 2020 DE Committee), an ad-hoc advisory Committee established by the Boaxd of Directors of the Santa Clara Valley Transportation Authority (VTA). §1.2 Construction of Bylaws Unless the provisions or the context of these Bylaws otherwise require, the general provisions, rules of construction and defudtaons set forth in Chapter 1 of VTA's Administrative Code shall govern the construction of these Bylaws. These 09/30/2004 14:22 4089550893 UTA PAGE 05 ._ Bylaws shall govern the Committee's proceedings to the extent they are not inconsistent with VT'A's Administrative Code or law. §1.3 DeSnitaons As used in these Bylaws, A. "Chair" means the Chair of the Committee. B. "Secretary" means the Secretary of the Committee. G. "Member Agency" means the County of iSanta Clara or any of the cities within the County, in which a V'1'i' 2020 project appropriate for design enhancements is located D. "Committee" means the VTA VTP 2020 Design Enhancements Committee. E. "DE" means design enhancements. Article II CERTIFIED COPY z 09/30/2004 14:22 4089550093 VTA PAGE 06 DUTIES AND AUTHORITX §2.1 Duties The Committee shall serve in an advisory capacity to the VTA Policy Advisory Boards (PABs), Board Standing Committees and Board of Directors. The duties of the Committee shall be as follows: A. Develop and recommend policies to apply the V'I'P 2020 DE to VTP 2020 projects. B. Serve as advocates of the VTP 2020 DE program and represent the aesthet[c interests of transit riders, highway travelers and communities impacted by VTP 2020 projects. C. Recommend the selection of VTP 2020 DE project urban designers, landscape architects, and artists. D. Review, comment on and make recommendations on VTP 2020 DE project proposals throughout their design and development regarding the aesthetic and artistic merits of the proposals. CERTIFIED COPY 3 09/30/2004 14:22 4089550893 VTA PAGE 07 E. Recommend VTP 2020 AE budget allocations from the VTP 2020 program budget. E. Develop VTP 2020 DE projects in close collaboration with the Member Agencies, VTA staff, VTA consultants and the Lead Program Artist. G. Ensure that VTP 2020 DE projects recognize that the primary purpose of VTP 2020 projects is transportation by developing DE projects that are easily maintainable and do not impede safety. H. Inform individual appointing authorities about Committee activities. §2.2 Limitations The Committee shall serve in an advisory Capacity. It shall have no independent duties and no authority to take actions that bind VTA. The Conunittee shall make no expenditures or requisitions for services and supplies and no individual member thereof shall be entitled to reimbursement for travel or other expenses except as authorized by the Board of Directors. Article III CERTIFIED COPY 4 09/30/2004 14:22 4069550893 VTA PAGE 06 MEMBERSHIP §3.1 Membership The Committee membership will be as follows. A. Member Agency Representatives. Each Member Agency shall appoint a. maximum of three members who may be elected officials, staff members, arts commissioners or other individuals interested in visual arts. B. The Lead program Artist. _ C. Non-voting ea-officio members. 1. Representatives of transportation agencies involvedvn VTP 2020 projects (e.g., Caltrans and Caltrain). Each such agency may appoint one member. 2. VTA project managers of VTP 2020 projects. CERTIFIED COPY 5 09/30/2004 14:22 4089550893 VTA PAGE 09 §3.2 Members' Terms Members of the Committee shall serve continuously until resignation or replacement by their respective appointing authorities. Member Agencies may choose not to participate in the Committee after the VTP 2020 projects in their jurisdictions are completed. §3.3 Vacancies The Member Agency or body that made the original appointment shall fill a vacancy in a member's position. Article N OFFICERS §4.1 Chair and Vice Chair The Committee shall, at its first meeting of the fiscal year, elect from its membership (excluding the Lead Program Artist) a Chair and Vice Chair fora one- year term. The Chair shaII preside at all meetings of the Committee and represent CERTIFIED COPY 6 09/30/2004 14:22 4069550893 VTA PAGE 10 the Committee before the Board of Dixectors. The Vice-Chaix shall perform the duties of the Chair when the Chair is absent In the event of a vacancy in the Chair's position, the Vice Chair shall succeed as Chair for the balance of the Chair's term and the Committee shall elect a successor to fill the vacancy in the Vice Chair position as provided below, It- the event of a vacancy in the Vice- Chair's position, the Committee shall elect a successor from its membership to fill the Vice-Chair's position For the remainder of ttue Vice-Chair's term. §4.2 Secretary The Board Secretary's Office shall furnish staff services to prepare and distribute the Committee's agendas, notices, minutes, correspondence and other documents and shall assign an employee to attend each meeting of the Committee to serve in the capacity as the Committee's Secretary. The Secretary shall. maintain a record of all proceedings of the Committee and shall perform other duties as provided by these Bylaws. CERTIFIED COPY 09/30/2004 14:22 4069550893 VTA PAGE 11 Article V MEETINGS $6.1 Regular Meetings Regular meeting dates, time and location shall be established to not conflict with the dates, time and location of the Citizens Advisory Committee (CAC), Technical Advisory Committee (TAC), Policy Advisory Committee (PAC), Bicycle and Pedestrian Advisory Committee (BPAC), Policy Advisory Boards (PABs), and Soard Standing Committees. Whenever a regular meetaxig falls on a holiday observed by V'PA, the meeting shall be held qn another day or canceled at the direction of the Committee. A rescheduled regular meeting shall be designated a regular meeting. X6.2 8peeial Meetings CERTIFfED COPY 8 09/30/2004 14:22 4069550893 VTA PAGE 12 The Chair, with the approval of the General Manager, maY call a special meeting. The meeting shall be called and noticed as provided in Section 6.3 below. §5.3 Calling and Noticing of Meetings All meeiings shall be called, noticed and conducted in accordance with the applicable provisions of the Ralph M. Brown Act (commencing with Section 64950 of the Government Code). The General Manager and General Counsel shall be given notice of all meetings. The Committee shall meet at least once every three months, unless the Committee's activities are suspended. §fi.4 Quorum; Vote; Committee of the Whole The presence of at least one member from a majority of the Member Agencies shall constitute a quorum for the transaction of business. All acts of the Committee shall require the affirmative vote of a majority of the members present. .At any regularly called meeting not held because of lack of quorum, the members may constitute themselves a "Committee of the Whole" for the purpose of discussing matters on the agenda of interest to the Committee members present. CERTIFIED COPY 9 09/30/2004 14:22 4089550893 VTA PAGE 13 The Committee of the Whole shall automatically cease to exist if a quorum is present at the meeting. §6.5 Thirty Minute Eule if a quorum has not been established within thirty minutes Of the noticed starting time for the meeting, the Committee's Secretary may be excused from further attendance at the meeting. §5.6 Matters Not Listed on the Agenda Requiring Conunittee Action A matter requiring Committee action shall be listed on the posted agenda before the Committee may act upon it. However, the Committee may take action on items not appearing on the posted agenda under aqy of the following conditions: A Upon a determination by an affirmative vote of the Committee that an emergency exists, as defined in Section 64956.5 of the Government Code. B. The item was properly posted for a prior meeting of the Committee not more than five calendar days prior to the date action is taken on CERTIFIED COPY to 09/30!2004 14:22 4089550893 VTA PAGE 14 the item, and at the prior meeting the item was continued to the meeting at which action is being taken. C. By directing staff to place an item of business for discussion or action on a subsequent agenda. (Ttds is an appropriate action for issues raised under Public Presentations.) §6.7 Tune Limits for Speakers Each member of the public appearing at a Committee meeting shall be limited to two minutes in his or her presentation, unless the Chair, at his or her i discretion, permits further remarks to be made. 'Arty person addressing the Committee may submit written statements, petitions or other documents to complement his or her presentation. §G.8 Impertinence; Aisturbance of Meeting Any person making personal, impertinent or indecorous remarks while addressing the Committee may be barred by the Chair from further appearance before the Committee at that meeting, unless permission to continue is granted by an affirmative vote of the Committee. The Chair may order any person removed from the Committee meeting who causes a disturbance or interferes with the CERTIFIED COPY 11 09/30/2004 14:22 4089550893 VTA PAGE 15 conduct of the meeting and the Chao' may direct the meeting room sleazed when deemed necessary to maintain order. §5.9 AccesB to Public Records Distributed at Meeting Writings which aze public records and which are distributed during a Committee meeting shall be made available for public inspection at the meeting if prepared by VTA or a member of the Committee or after the meeting if prepared by some other person. Article VI AGENDAS AND MEETING NC+TICES §6.1 Agenda Format The agenda shall specify the starting tune and location of the meeting and shall contain a brief general description of each item of business to be transacted or discussed at the meeting. The description shall be reasonably calculated to adequately inform the public of the subject matter of each agenda item. The agenda may include recommendations for Committee action as appropriate. The Secretary, with the approval of the Chair, shall establish the order of business. CERTIFIED COPY 12 09/30/2004 14:22 4089550893 VTA PAGE 16 §6.2 Public Presentations Each agenda for a regular meeting shall. provide an opportunity for members of the public to address the Committee on matters of interest to the public either before or during the Committee's consideration of the item, if it is listed on the agenda, or, if it is not listed on the agenda but is within the jurisdiction of the Committee, under the agenda item heading "Public Presentations." The Committee shall not act upon an item that is not listed on the agenda except as provided under Section 5.7. Each notice for a special meeting shall provide an opportunity for members of the public to directly addn~ss the Committee concerning any item that has been described in the notice for the meeting before or during consideration of that item. §6.3 Agenda Preparation The Secretary shall prepare the agenda for each meeting in consultation with VTA staff and the Chaix. Material intended for placement on the agenda shall be delivered to the Secretary on or before 12:00 Noon on the date established as the agenda deadline for the forthcoming meeting. The Secretary may withhold placement on the agenda of any matter which is not timely received, lacks sufficient information, or is in need of staff review and report prior to Committee consideration. Any member of the Committee may request that such withheld CERTIFIED C®PY 13 09/30/2004 14:22 4089550893 UTA PAGE 17 hatter be placed on the agenda by contacting the Secretary in advance of the meeting. §6.4 Agenda Posting and Delivery The written agenda for each regular meeting and each meeting continued for more than five calendar days shall be posted by the Secretary at least 72 hours before the meeting i9 scheduled to begin. The Secretary shall post the written agenda for every special meeting at least 24 hours before the special meeting is scheduled to begin. The agenda shall be posted in a location that is freely accessible to members of the public. The agenda together with supporting documents shall be delivered to each Committee member, the General Manager and General Counsel at least five days before each regular meeting and at least 24 hours before each special meeting. §6.fi Meeting Notices The Secretary shall mail notice of every regular meeting and every special meeting which is called at least one week prioC to the date set for the meeting, to each person which has filed with VfA a written request for notice as provided in SeClion 54964.1 of the Government Code. The notice shall be mailed at least one week prior to the date set for the meeting. Notice of special meetings called less ~GR t t~f~d ~®P~ I 14 09/30/2004 14:22 4089550893 VTA PAGE 18 than seven days prior to the date set for the meeting shall be given, ss the Secretary deems practical. Article VII MISCELLANEOnJS §7.1 Adoption and Amendment of Bylaws The Committee may amend these BYlaws by the affixmative vote of a majority of its total authorized membership and with the approval of the Board of Directors. §7.2 Robert's Rules All rules of order not herein provided for shall be determined in accordance with Robert's Rules of Order, latesti edition. Adopted by the Board of Directors: CERTIFIED CQPY 15