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HomeMy WebLinkAbout12-21-2005 City Council Agenda PacketAGENDA REGULAR MEETING SARATOGA CITY COUNCIL DECEMBER 21, 2005 CLOSED SESSION- 6:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS Existing Litigation: In Re: Michael Scott Costa (LJ.S. Bankruptcy Court, Northern District of California (San Jose) Case No. OS-56688 ASW 7.) REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on December 15, 2005) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aeendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Orat Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions None Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. 2H. Application 06-002: Rezoning in conjunction with a proposed Lot Line Adjustment - 13425 Fruitvale Avenue (Redwood Middle School), 13998 and 14000 Shadow Oaks Way -Second Reading and Adoption Recommended action: Grant the Second Reading and adopt the Ordinance approving the rezoning of a portion of property located at 13425 Fruitvale Avenue as R-1-20,000 2I. Motor Vehicle (MV) Resolution Prohibiting Parking at St. Chazles Street Recommended action: Adopt resolution. PUBLIC HEARINGS None OLD BUSINESS None NEW BUSINESS Proposed Heritage Orchard Sign Recommended action: Accept report and direct stall' accordingly. 4. Use of McWilliams House Recommended action: Adopt resolution. Tree Pruning and Lighting Project Recommended action: Accept report and direct staff accordingly. 6. Document Imaging Proposal Recommended action: Accept report and adopt budget resolution. ADHOC & AGENCY ASSIGNMENT REPORTS Councflmember Kathleen Kine Association of Bay Area Government Hakone Foundation Liaison Santa Claza County Cities Association Santa Claza County Emergency Preparedness Council SASCC West Valley Mayors and Managers Association J I l SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 AGENDA ITEM: /'7,J ORIGINATING DEPT: Manager's Office CITY MANAGER: ~~L~-`- PREPARED BY: DEPT HEAD: SUBJECT: Commendation RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation recognizes and honors Bonnie Stone outgoing Library Commissioner. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of commendation. COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING BONNIE STONE WHEREAS, Bonnie Stone served as a Saratoga Library Commissioner for the 2004-2005 term; and WHEREAS, Bonnie Stone, a recognized accomplished artist, has for many years volunteered her talents by creating and presenting art exhibits for the library; and programs with an emphasis on art and diversity of cultures, for the library, including those of interest to children; and all the art work involved in the campaign for renovation and expansion of the library, including the invitations and cards for Raise the Roof, the initial event of the campaign; and WHEREAS, Bonnie Stone is still involved with maintaining the art wall of the Saratoga Library, including obtaining, judging and displaying art work; and WHEREAS, Bonnie Stone has a high level of interest in the Sazatoga Library, visiting there about four times a week, to browse in the stacks and also observe reaction to the art work on display, which may lead to improvements in serving the particular needs of Saratoga Library patrons; and WHEREAS, Sazatoga City Council is proud of the citizens who contribute time and talent to our community. SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 AGENDA ITEM: ORIGINATING DE :City anager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: Cat ee Boyer, City Clerk Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Special Meeting -November 23, 2005 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 November 23, 2005 MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING NOVEMBER 23, 2005 The City Council held a Special Meeting at 2:00 p.m. in the Administrative Conference Room, 13777 Fruitvale Avenue to discuss the final draft of the Community SIITVC}I. MayOT I(111~ called the Study Session to order at 2:00 p.m. ROLL CALL PRESENT: Councihnembers Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King ABSENT: Councihnember Aileen Kao ALSO PRESENT: Dave Anderson, City Manager Cathleen Boyer, City Clerk Mary Robertson, Saratoga Resident Linda Rodgers, Sazatoga Resident REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEME3R 23 2005 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 23, 2005 was properly posted on November 21, 2005. Mayor King called the meeting to order at Z:00 p.m. and opened the discussion up with public comments. Referring to the City General Plan, Mary Robertson noted that the City was divided into I 1 districts. Mrs. Robertson asked if the survey was going to indicate which districts were contacted in the survey. Sue Anne, representing Fairbank, Maslin, Maullin & Associates, responded that the survey would be conducted randomly. The have a cluster of numbers throughout the City to get a good sampling. The City Council discussed each question, reviewed the changes made from the last review and made changes to 14F and 18 and removed question 14B. Sue Anne stated that the Community Survey would begin on November 30, 2005, ADJOURNMENT There being no further business Mayor King adjourned the Study Session at 3:00 p.m. R ~ lly submitted, Ca hl Boyer, CMC Cit lerk SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 ORIGINATING DEPT: Ci Manager's Offic PREPARED BY: Cathleen Boyer, "ty lerk AGENDA ITEM: CITY MANAGER: ~~ '-'~~ DEPT HEAD: Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Special Meeting/Closed Session -November 23, 2005 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 November 23, 2005 MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING/ CLOSED SESSION NOVEMBER 23, 2005 The City Council of the City of Sazatoga met in Closed Session in the Administrative Conference Room, at 13777 Fruitvale Avenue, at 1:00 p.m. for the purpose of Conference with Lega] Counsel. CALL TO ORDER Mayor King called the meeting to order at 4:30 p.m. ROLL CALL PRESENT: Mayor Kathleen M. King Vice Mayor Norman Kline Councilmember Nick Streit Councihnember Aileen Kao Councilmember Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager John Cherbone, Public Works Director Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2 the agenda for the meeting of was properly posted on Mazch 1, 2005. CLOSED SESSION Conference With Real Property Negotiators (Section 54956.8): Property: 19848 Prospect Road Agency Negotiator: Dave Anderson, City Manager and John Cherbone, Public Works Director Under negotiation: Price and terms of payment for sale of real property. MAYOR'S REPORT ON CLOSED SESSION No reportable action. ADJOURNMENT Mayor King adjourned the meeting at 2:00 p.m. submitted, age'r, CMC City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office PREPARED BY: een Boyer, City Clerk CITY MANAGER: DEPT HEAD: Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Special Meeting -December 6, 2005 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 December 6, 2005 NIINUTES SARATOGA CITY COUNCIL DECEMBER 6, 2005 Mayor King called the Special City Council meeting to order 3t 6:3~ p.m. 211a announced that the Flag Ceremony would be presented by Campbell Union High School District JROTC Color Guard. Mayor King asked Matthew Stazk to lead the Pledge of Allegiance. Mayor King invited Wendy Morgan Hunter to perform the National Anthem. ROLL CALL PRESENT: Councihnembers Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Cathleen Boyer, City Clerk John Livingstone, Community Development Director John Cherbone, Public Works Director Joan Pisani, Recreation Director Kristin Borel, Public Works Analyst Ann Sullivan, Executive Secretary/Deputy City Clerk NEW BUSINESS REMARKS FROM OUTGOING MAYOR KATHLEEN KING Mayor King thanked her family, fellow City Councilmembers, and City staff: Mayor King highlighted the Council's completed projects during 2005. 2. REORGANIZATION OF CITY COUNCIL STAFF RECOMMENDATION: Elect Mayor and Vice Mayor. 1. City Clerk declazes the offices of Mayor and Vice Mayor to be vacant 2. Election of the Mayor 3. Election of the Vice Mayor Cathleen Boyer, City Clerk indicated that the office of Mayor and Vice Mayor were vacant and would accept nominations for Mayor at that time. Mayor King nominated Norman Kline to serve as Mayor for the year 2006. Minutes ] December 6, 2005 KING/WALTONSMTIH MOVED TO APPOINT NORMAN KLINE AS MAYOR FOR THE YEAR 2006. MOTION PASSED 5-0. Mayor Kline noted that he would take nominations for Vie Mayor at that time. Councihnember Waltonsmith nominated Aileen Kao to serve as Vice Mayor for the year 2006. WALTONMITH/STREIT MOVED TO APPOINT AILEEN KAO FOR VICE MAYOR FOR THE YEAR 2006. MOTION PASSED 5-0. OATH OF OFFICE -ADMINISTERED BY LIZ KNISS, SANTA CLARA COUNTY BOARD OF SUPERVISORS Liz Kniss, Santa Claza County Boazd of Supervisor, administered the Oath of Office to Mayor Kline and Vice Mayor Kao. 4. REMARKS FROM NEW MAYOR, VICE MAYOR, AND COUNCILMEMBERS Mayor Kline thanked his family, City staff, and highlighted his goals for the coming yeaz. Vice Mayor Kao thanked her family and noted that she was honored to become Vice Mayor. Councilmember Waltonsmith and Councilmember Streit both had brief comments. Mayor Kline adjourned and d the meeting at 7:00 p.m. and invited the public to a short reception in the Theater lobby. Respectfully submitted, Cathleen Boyer, CMC City Clerk Minutes 2 December 6, 2005 SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~~" -" PREPARED BY: DEPT HEAD: SUBJECT: Council Agency Assignments and AdHoc Committee Appointments RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: On December 6, 2005 the City Council reorganized and approved the nomination of Mayor Norman Kline and Vice Mayor Aileen Kao. Also at that time Mayor Kline directed the Council to submit their assignment request to him for appointment, It is now appropriate to adopt the attached resolution with the Council Agency and AdHoc appointments. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Council representatives to various agencies and AdHoc Committees will remain the same. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Disseminate information to various agencies and City staff. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A -Resolution RESOLUTION NO.OS- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND ADHOC WHEREAS, the City Council reorganized on December 6, 2005, for the coming year; and WHEREAS, representatives from the City Council serve on various agencies and adhoc committees; and WHEREAS, the responsibility for representing the City Council should be shazed by all its members. NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the City Council and the needs of the various organizations to which the City Council sends representatives, the following representatives agree hereby appointed to the agencies AND adhoc committees named, through December 2005, or until replaced. Agency Councihnember Alternate Association of Ba Area Government Kline Kao Chamber of Commerce Kao Kin Coun Cities Association Le .Task Force Kao Waltonsmith Count HCD Polic Committee Kao Kin Hakone Foundation Liaison Kline Kao KSAR Communit Access TV Boazd Waltonsmith Kin Libr Joint Powers Association Kline Kin Northern Central Flood Control Zone Adviso Boazd Waltonsmith Streit Peninsula Division, League of California Cities King Kao Recycling & Waste Reduction Commission of SCC Streit Waltonsmith Santa Claza County Valley Water Commission Streit Waltonsmith Santa Claza Coun Cities Association Kline Kao Santa Claza County Cities Association- Joint Economic Development Policy Committee JEDPC King Kao Santa Clara Coun Emer enc Council Kline Kao SASCC Kao Waltonsmith Sister Cit Liaison Waltonsmith Streit West Valley Solid Waste Joint Powers Association Streit Waltonsmith Valle Trans ortation Authorit PAC Kline Kin West Valle Sanitation District Streit Kao West Valley Mayors and Managers Association Kline Kao Ci School AdHoc Streit Kin Villa e AdHoc Kin Kao DeAnza Trail AdHoc Kin Waltonsmith Kevin Moran Park AdHoc Kline Kao The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 21$` day of December, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk • I SARATOGA CITY COUNCIL MEETING DATE: 12/21/2005 AGENDA ITEM: /~~ ORIGINATING DEPT: Admin. Svcs. CITY MANAGER: ~~Gi-~-- PREPARED BY: S~eErV>Bl11'11 DEPT HEAD: ~ Seema Saini ichele Braucht SUBJECT: Check Register for 11/29/2005 RECOMMENDED ACTION: That the City Council accepts the Check Register for 11/29/2005. REPORT SUMMARY: Attached is the Check Register for 11/29/2005. The checks were released on 12/01/2005. Payroll checks were released on 11/23/2005. Type of Checks Date Starting Checks # Ending Check # Total Checks Amount Account Payable 11/29/2005 100855 100966 111 1,296,148.47 Payroll 11/23/2005 31286 31315 29 114,283.67 TOTAL 1,410,432.14 A manual check has been issued on 11/21/2005 in the amount of $50.00 on check number 100855 due to time issue. The prior Check Register for 11/16/2005 ended with check number 100854. Following is a list of checks issued for more than $10,000.00, and a brief description of the _a:,.. Gntlciiui~w w Check # 100875 . Issued to City of San Jose Fund General Dept 2015 Purpose Animal Svcs Amount 64,583,35 100875 City of San Jose Gas Tax 3015 Maintenance Signal 2,356.65 100878 County of SantaClaza General 2015 Law Enf Services 262,892.88 100880 County of SantaClaza General 2015 AB939 HHW Fee 32,858.55 100887 Fehr & Peers Assoc General 3035 Sazatoga NTMP 21,177.22 100890 George Bianchi Construrtion,In Gas Tax 9010 Vta Op Facility 13,946.00 100891 Golden bay Construction Capital 9201 Gateway project 728,829.53 100908 Lloyd F Mc Kinney Associ Recreation 6005 Theater sound sys 15,364.08 100929 Regional Government Serv General 1045 Human Resources Svcs 14,661.80 100943 Somerset Studios General 1060 Repair 210 Seat 21,812.33 100959 Valley Crest Landscape General 3005 Remove Trees 10,720.00 FISCAL IMPACTS: The following is a reduction to each of the individual fund cash balance: Fund Fund Descri tion A/P Total PR Total Total 001 General 437,444.24 24,632.93 462,077.17 150 Streets & Roads 25,802.45 15,348.83 41,151.28 203 Greenbriar Landsca a 690.00 690.00 207 Villa e Li htin 29.21 29.21 217 Sunland Park 245.95 245.95 225 Saratoga LegendsLS 255.00 255.00 228 Kerwin Rc LS 393.14 393.14 231 Horseshoe LS/Litng 320.00 320.00 250 Develo ment Svcs 16,806.97 46,392.67 63,199.64 260 Environmental 45,797.30 5,282.20 51,079.50 290 Recreation 25,257.20 17,659.93 42,917.13 291 Teen Services 250.00 2,738.76 2,988.76 351 Public Safety 24.83 24.83 352 Infrastructure 736,235.45 2,228.35 738,463.80 353 Facility 50.00 50.00 354 Park and Trail 3,815.80 3,815.80 502 Information Tech 2,730.93 - 2,730.93 TOTAL 1,296,148.47 114,283.67 1,410,432.14 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Register in the Expenditwe Approval List format. 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SUBJECT: City Council Meeting Calendar for 2006 RECOMMENDED ACTION: Approve calendar. REPORT SUMMARY: Attached is the City Council Meeting Calendar for 2006. During the first half of 2006, City Commissions and outside agencies have been grouped together. These groupings were based on similarities between the two with the hope better synergy and mutual goals and accomplishments. The second half of the yeaz will be determined at a later date to allow flexibility to scheduled additional joint meetings as needed. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Provide copies to all City Councilmembers, Staff, and Commissioners. Notify KSAR and update website. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Calendaz ~,~"',~~`?' CITY OF SARATOGA ~ ~ Y~ CITY COUNCIL MEETING CALENDAR 2006 w.~ ~~~ ~4«arrWa~w~ 1/4 Regulaz Meeting 1/18 Regulaz Meeting -Joint Meeting with Traffic Safety Commission 2/1 Regular Meeting -Joint Meeting with SASCC 2/15 Regulaz Meeting -Joint Meeting with Youth Commission 3/1 Regulaz Meeting -Joint Meeting with Planning Commission 3/15 Regular Meeting -Joint Meeting with Chamber of Commerce and SVDC 4/5 Regular Meeting -joint meeting with Library Commission and Friends of the Saratoga Libraries 4/19 Regulaz Meeting -Joint Meeting with Parks and Recreation Commission and Hakone Foundation 5/3 Regular Meeting -Joint meeting with Villa Montalvo and Mt. Winery 5/17 Regular Meeting -Joint Meeting with Arts Commission 6/7 Regulaz Meeting -Joint Meeting with Planning Commission 6/21 Regulaz Meeting -Joint Meeting with Heritage Preservation Commission and Historic Foundation * Joint Meetings for 7/06-12/06 will be announced at later date 7/5 Regulaz Meeting 7/19 Regulaz Meeting 8/2 Regulaz Meeting 8/16 Summer Recess 9/6 Regulaz Meeting - Joint Meeting with Planning Commission 9/20 Regular Meeting 10/4 Regular Meeting 10/18 Regular Meeting 11/1 Regulaz Meeting I1/15 Regulaz Meeting 12/6 Regular Meeting - Joint Meeting with Planning Commission - Counci] Reorganization 12/20 Regulaz Meeting - Joint meeting with Heritage Preservation Commission SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 AGENDA ITEM: ORIGINATING DEP//T~~ PREPARED BY: C~/~ ~- Dave Anderson SUBJECT: KSAR Agreement RECOMMENDED ACTION(S): CITY MANAGER: ~~ DEPT HEAD: Approve agreement and authorize City Manager to execute the same. REPORT SUMMARY: KSAR television has operated under a Joint Powers Agreement between West Valley College and the City for a number of years. The City historically contributed 40% of its CATV franchise revenue to KSAR for its operations. During budget negotiations two years ago the City Council approved a policy that would transition KSAR from a Joint Powers authority agency to a stand alone private non-profit organization contracting with the City on afee-for-service basis. Fiscal Year 2005-06 was viewed as a transition year in which the City would provide 20% of its CATV franchise revenue. Fiscal Year 2006-07 will be the first year of the fee-for-service arrangement. A contract for service between the City and KSAR has been developed by the KSAR Board of Directors, the city manager and the council liaison to KSAR, Ann Waltonsmith, and the city attorney. It provides for transitional funding for FY2005- 06 and the fee-for-service contract for subsequent years covered under the contract. The term of the agreement is in effect from July 1, 2005 through June 30, 2011. KSAR will provide for televising and recording and broadcasting City Council and Planning Commission meetings for a flat rate of $500.00 per meeting. Additional services may be requested of KSAR on a time and materials basis under the new contract. FISCAL IMPACTS: 40% of FY2004-05 CATV franchise revenues were approximately $96,000; in FY2005-06 20% of CATV franchise revenues were approximately $46,000; and the anticipated expenditures for FY2006-07 will be approximately $25,000 for base level services, plus time and materials for additional services. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): ALTERNATIVE ACTION(S): FOLLOW UP ACTION(S): ADVERTISING, NOTICING AND PUBLIC CONTACT: ATTACHMENT - A - KSAR Agreement COMMUNITY ACCESS CABLE SERVICES AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Saratoga Community Access Cable TV Foundation, {"Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Sazatoga, except, in an emergency when the City's Emergency Operations Center has been activated, by approval of the City Manager or Administrative Services Director. 2. TERM. The term of this Agreement commences on July 1, 2005, and extends through June 30, 2011 unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT. City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B {"Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similaz to City. 4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, famish all facilities and equipment which maybe required for completing the Scope of Work pursuant to this Agreement. City shall famish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. Page 1 of 17 ATTACHh1ENT - A 5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D {"General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS. All exhibits referred to in this Agreement aze attached hereto and aze by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of City by the City Manager ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and maybe given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via email or fax. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. n^•~ v ,P s; ' written notice to the other, ma designate any other With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Specifically, and without limiting the generality of the foregoing, this Agreement supersedes the July 1, 1988 Agreement Concerning Payment of CATV Franchise Fees and any subsequent amendments to that agreement. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Print Name: Position: CTfY OF SARATOGA, a municipal corporation By: Name: Title: APPROVED AS TO FORM: Date: Date: Date: City Attorney Page 3 of 17 APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Administrative Services Director Attachments Date: Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements Page 4 of 17 EXHIBIT A SCOPE OF WORK Contractor shall complete the following Scope of Work: Arrange for and provide live and tape-delayed broadcasts and Create V1de0 reC0Ia111gS Of regulaz City Council and Planning Commission meetings held in the Civic Theater. Specifically: a. It is understood that regulaz City Council meetings are held on the first and third Wednesdays of each month and regulaz Planning Commission meetings aze held on the second and fourth Wednesdays of each month. b. Live broadcasts of meetings shall terminate at 12:00 midnight. Video recordings shall include the complete meeting regazdless of the termination of live broadcast. c. One video copy of each meeting shall be provided to the City Manager or his/her designee by the close of the business day following the meeting and one copy to the Saratoga Library. d. Each regulaz meeting for which a video recording is created shall be broadcast on a time-delayed basis at least once during the 7-day period following the meeting. e. The City Council or Planning Commission may, on occasion, hold regular meetings at a location other than the Civic Theater in which case no broadcast or recording services shall be provided pursuant to this paragraph. 2. Provide and/or arrange for the proper maintenance of the Contractor's equipment at the City Hall installation. 3. Minor maintenance, repair and adjustment of the City's equipment will be performed by Contractor as staff is available. 4. Provide live broadcasts and/or video recording services of special meetings of the City Council or Planning Commission or of other civic events upon request of City when Contractor staff is available. 5. List up to a reasonable number of items requested by City at any given time on the Community Service Board. Page 5 of 17 EXHIBIT B PAYMENT Part I: Services Between July 1, 2005 and June 30, 2006: As compensation for all services provided pursuant to this Agreement between July 1, 2005 attd June 30, 2006 Contractor shall be paid twenty percent (20%) of the CATV Franchise Fee paid by the City's cable communications system franchisee pursuant to section 4-25.070 of the City Code during that period. Part II: Services After June 30, 2006: Compensation for services provided after June 30, 2006 shall be compensated as specified in the seven pazagraphs that follow: 1. BROADCAST OF REGULAR CITY COUNCIL AND PLANNING COMMISSION MEETINGS. For the services described in Exhibit A, section 1, Contractor shall be paid $500/meeting. 2. MAINTENANCE AND REPAIR. For the services described in Exhibit A, sections 2 and 3, Contractor shall be paid in accordance with the following rate schedule: $100.00 per hour. City shall reimburse Contractor for the actual cost of all parts purchased by Contractor in the course of providing maintenance services. Reimbursement for costs of outside engineering or service personnel shall not exceed amounts authorized by the City prior to said work being performed. SPECIAL EVENT BROADCASTS/RECORDING. For the services described in Exhibit A, section 4, Contractor shall be paid in accordance with the rate schedule set forth in section 2, above and for the actual cost of any reimbursable expenses authorized by City in connection with the special event. 4. COMMUNITY SERVICE BOARD. For the services described in Exhibit A, section 5, Contractor shall be paid $0.00 per month. TOTAL COMPENSATION. Total compensation pursuant to this Agreement (including compensation for reimbursable expenses) in any fiscal yeaz shall not exceed the amount specified in the City of Saratoga budget for services pursuant to this Agreement in that yeaz. 6. INVOICES. Contractor shall submit invoices, not more oRen than once each month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the amount of prior billings and the total due this period. Page6ofl7 7. MONTHLY PAYMENTS. City shall make payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incun•ed. Payments shall be made no later than 30 days following the City's receipt of the invoice. 8. CPI ADJUSTMENT. The rates in sections 1 and 2, above, shall be adjusted annually on July 1 to reflect changes in the December to December Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners (hereinafter "CPIlW'~ since the last rate adjustment rounded to the nearest $1.00 increment. Page7of17 EXHIBIT C FACILITIES AND EQUIPMENT City has provided its Civic Theater to be equipped with video and audio equipment for the purpose of providing live broadcast of City Council and Planning COri1ri11SS10ri rile8t1rig5. Th15 equipment is listed below. Contractor may use this equipment in connection with broadcasting and recording events in the Civic Theater. All other equipment required by Contractor shall be provided by Contractor unless otherwise specified in this agreement. City will provide appropriate room for broadcasUvideo equipment and crew, sound, light and maintenance of environment. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. City shall not use Contractor's equipment. TYPE MONITOR TV/MONITOR MAKE NEC PANASONIC MODEL PM1271A CTN-13569 POWER SCRIPT CT-1388VYD SL-PD687 PVM 14L2 PVM14L2 AS75F SN 84604759 MB20310254 CG TV/MONITOR CD MONITOR MONITOR RGB MONITOR CONTROLLER WAVEFORM/VECTOR RADIO SVHS X2 VHS X2 SWITCHER COMPRESSOR LIMITER AMP POWER SUPPLY PAN TILT CAMERA X3 MONITOR Scan Convertor DVD Player DVD Player VIDEONICS PANASONIC TECHNICS SONY SONY NEC AMX NETLINX MAGNI TECH JVC PANASONIC JVC DBX RDL RDL POSITRACK AMX SONY PANASONIC Extron VSC700 TOSHIBA TOSHIBA 003857 LB88180318 FGSBC15878 2003372 2003372 1802304YE MM-410 HR-57600DU 145E1456 AG-2550 160A STA2 PS24A DXC 390 WV5203B 6047701 Page 8 of 17 EXHIBIT D GENERAL PROVISIONS INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall riot be ari emp~0yee Of Clry, Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standazds observed by a competent practitioner of the profession in which Contractor is engaged in the geographical azea in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepazed in a substantial, first class and workmanlike manner and conform to the standazds of quality normally observed by a person practicing in Contractor's profession. 3. TIME. Contractor shall devote such time to the Scope of Work pursuant to this Agreement as maybe reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES. Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical caze, hospital caze, insurance benef ts, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, Page 9 of 17 with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL. a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST. a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there aze no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after awazd, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City boazd or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS. a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. Page 10 of 17 b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which aze legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which aze legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement maybe funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS. a. Property of City. Reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records, Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by Page 11 of 17 City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that aze necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. 1 t. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential infoLlllation received from City in the course of performing this Agreement in trust and co~dence and will not reveal such confidential information to any person or entity, either during the tens of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this pazagraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for the work, shall beaz all losses and damages directly or indirectly resulting to Contractor or to any subcontractor on account of the performance or chazacter of the work or other circumstances including unforeseen difficulties, accidents, occurrences or other causes, except to the extent that Contractor is indemnified by City pursuant to section 13, below. 13. IIVDEMNIFICATION. a. City Liability. Neither Contractor nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any action or inaction of City in connection with its performance of its obligations under this Agreement. City shall fully defend, indemnify, and save harmless Contractor from all suits or actions of every name, kind and description brought on for or on account of injury occurring by reason of anything done or omitted to be done by City in performing its obligations under this Agreement. b. Contractor Liability. Neither City nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Contractor under or in connection with any action or inaction of Contractor in connection with its performance of its obligations under this Agreement. Contractor shall fully defend, indemnify, and save harmless City from all suits or actions of every name, kind and description brought on for or on account of injury occurring by reason of anything done or omitted to be done by Contractor in performing its obligations under this Agreement. 14. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. ] 5. DEFAULT AND REMEDIES. a. Events of default. Each of the following shall constitute an event of default hereunder: Page 12 of 17 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is irmnediately endangered; or 2. Failure to perform any obligation under this Ageemerit and failure to Cure Such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfaze, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed bylaw. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION. Either party may terminate this Agreement with or without cause by providing 60 days notice in writing to the other party. Either party may terminate this Agreement at any time without prior notice in the event that the other party commits a material breach of the teens of this Agreement. Upon termination, this Agreement shall become of no fiuther force or effect whatsoever and each of the parties hereto shall be relieved and dischazged herefrom, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not amve at a satisfactory result, arbitration, if agreed to by all parties, or litigation maybe pursued. In the event any dispute resolution processes are involved, each party shall beaz its own costs and attorneys fees. 18. LITIGATION. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY. This Agreement shall be administered and Page ]3 of 17 interpreted under the laws of the State of Califomia. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Claza County, Califomia. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofaz as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. The failure by the Contractor to enforce any of the City's obligations or to exercise. Contractor's rights shall in no event be deemed a waiver of the right to do so thereafter. Page 14 of 17 EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those which have an "X" indicated in the space before the requirement apply to COntraCtOr'S Agreement (1gIlOTe any IIOt CheCkl,~~. Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Sazatoga, 13777 Fruitvale Avenue, Sazatoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E, The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates aze to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial GeneraUBusiness Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage _ $ per occurrence bodily injury/$ per occurrence property damage _ Coverage for X, C, U hazazds MUST be evidenced on the Certificate of Insurance _ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage _ $ per person/$ per accident for bodily injury _ $ per occurrence for property damage $ 500,000 combined single limit for bodily injury and property damage _ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles aze kept or driven. ProfessionaUErrors and Omissions Liability with coverage as indicated: $1,000,000 per loss/ $2,000,000 aggregate Page 15 of 17 $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance _ Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required. by section 1861 of the California Labor Code: I am awaze of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial GeneralBusiness Liability coverage naming the City of Sazatoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: "...endeavor to ..." AND "...but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: Page 16 of 17 a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declazed to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guazanteeing payment of losses and related investtgati0ns, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Contractor'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. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. If you have any general questions please call Michele Braucht, Administrative Services Director at 408/868-1221. Page 17 of 17 SARATOGA CITY COUNCIL MEETING DATE: December 21.2005 AGENDA ITEM: ~ r ~~~/ ORIGINATING DEPT.: Community Development CITY MANAGER: ~~~""'~- Dave derso PREPARED BY: Cu DEPT. HEAD: SUBJECT: Application 06-002 for Rezoning 3n conjunction with a proposed Lot Liue Adjustment - 13425 Fruitvale Avenue (Redwood Middle School), 13998 and 14000 Shadow Oaks Way RECOMMENDATION Grant the Second Reading and adopt the Ordinance rezoning a 16,719 squaze feet portion of property at 13425 Fruitvale Avenue as R-1-20,000. BACKGROUND On December 7, 2005, the City Council conducted a public hearing and introduced the Ordinance for rezoning of a 16,719 square foot portion of property located at 13425 Fruitvale Avenue (Redwood Middle School) from R-1-40,000 to R-1-20,000. The City Council did not request any changes to the draft Ordinance, and voted to place this item on consent for a second reading and adoption. CORRESPONDENCE No correspondence has been received on this matter as of the writing of this staff report. ADVERTISING, NOTICING, AND PUBLIC CONTACT N/A FISCAL IMPACTS There are no negative fiscal impacts. Staff resources utilized to prepare the staff report and process the application aze charged to deposit funds provided by the applicant. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S) The rezoning is in conjunction with a proposed lot line adjustment, where the subject portion of property is being transferred to two residential lots at 13998 and 14000 Shadow Oaks Way. If the recommended action is not followed, then the administrative approval of the proposed lot line adjustment will not occur. FOLLOW UP ACTION(S) This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. ALTERNATIVE ACTIONS 1: Leave the Zoning designation of the pazcel as is currently shown on the City's Zoning Map. 2. Modify and adopt the proposed Rezoning. ATTACHMENT 1. Ordinance adopting the proposed Rezoning. ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF SARATOGA REZONING CERTAIN TERRITORY OF THE CITYOF SARATOGA, AND AMENDING THE ZOMNG MAP FOR A PORTION OF APN 397-30-060 CURRENTLY OWNED BY THE SARATOGA UNION SCHOOL DISTRICT The City Council of the City of Saratoga does ordain as follows: Section 1. Findines. The City Council finds and declazes as follows: A. The City of Sazatoga General Plan Land Use Map has been amended to redesignate approximately 16,719 square feet in the southwest portion of parcel APN 397-30-060 from Community Facilities to Residential Low Density, as described in attached Exhibit A; and B. As demonstrated by the materials in Community Development Department File No. 06-002, the redesignation and rezoning are consistent with the adopted General Plan, including the Housing Element and the sites identified in the housing element aze adequate to accommodate the jurisdiction's shaze of the regional housing need pursuant to Section 65584. Neither the redesignation nor this zoning map amendment will reduce, require, or permit the reduction of the residential density for any pazcel to a lower residential density that is below the density that was utilized by the Department of Housing and Community Development in determining compliance with housing element law. Section 2. ZOIIinQ Man Amendment. Pursuant to Section 15-85 of the Saratoga Municipal Code, the City of Saratoga Zoning Map is hereby amended by reclassifying the approximately 16,719 square feet portion of Parcel APN 397-30-060 in accordance with Exhibit "A" attached hereto and made a part hereof, by rezoning the site from R-1-40,000 to R-1-20,000. Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regulaz meeting of the City Council of the City of Sazatoga held on the 7th day of December, 2005, and was adopted by the following vote following a second reading on the 21st day of December 2005: AYES: NOES: ABSENT: ABSTAIN: Approved: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 AGENDA ITEM: ORIGINATING DEP/T:-.Public Works CITY MANAGER: ~~~,~ PREPARED BY: ~~'` ~~---~ -DEPT HEAD: ~ Kristin Borel John Cherbone Administrative Analyst Director of y„ht:~ wnrtt SUBJECT: Motor Vehicle (MV) Resoluton Prohibiting Parking St. Chazles Street RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution prohibiting pazking on a portion of St. Charles Street. REPORT SUMMARY: Recently the City received a request from a resident on St. Chazles Street, to restrict pazking at the corner of St. Chazles and Oak Streets because it partially blocked the street to through traffic. The City Traffic Engineer determined that pazking along this section of St. Chazles Street created a safety hazard. It is therefore recommended that pazking along this section of St. Chazles be restricted. In order to enforce the new pazking restrictions on St. Charles Street, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials for the City to paint the curb red. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and pazking would continue. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The curb will be painted red and the Sheriff s Department will be notified of the new restriction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Motor Vehicle Resolution prohibiting parking 2. Map 2 of 2 RESOLUTION NO. MV- RESOLUTION RESTRICTING PARKING ON St. CHARLES STREET The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following pazking restrictions shall be designated on St. Charles Street: NAME OF STREET DESCRIPTION St. Chazles Street Along section of St. Chazles No Pazking Anytime where it meets Oak Street This resolution shall become effective at such time as the signs and/or mazkings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regulaz meeting held on the 21st day of December, 2005, by the following vote: AYES: NOES: ABSENT: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 AGENDA ITEM: 3 ORIGINATING DEPT: Community Development CITY MANAGER: ~~~ Dave Anderson PREPARED BY: ~,rz DEPT IIEAD: Shweta Bhatt, Assistant Planner John F. Livingstone SUBJECT: Proposed Heritage Orchard Signage RECOMMENDED ACTION: Staff recommends the City Council discuss the proposed signage at the Heritage Orchazd and provide direction to Staff. BACKGROUND: The Historic Foundation proposed this request to the Heritage Preservation Commission (HPC). On November 08, 2005, the HPC reviewed and endorsed the proposal. DISCUSSION: The subject property is located at the corner of Saratoga Avenue and Fruitvale Avenue. The site has existing signage, the most recent of which was approved for the library at the March 16, 2005 City Council meeting. The library signage will go out for bid in the neaz future. This proposal includes two (2) signs: one centered between the library and Fruitvale Avenue and the other centered between the library pazking and the adjacent property on Sazatoga Avenue. Each sign will be four and one half (4.5) feet high and fourteen (14) feet wide. Therefore, a total of one hundred and twenty-six (126) square feet is proposed with this request. The language of the sign is proposed to read: SARATOGA HERITAGE ORCHARD A GLIMPSE OF THE PAST -PRESERVED FOR THE FUTURE The first line of lettering will be six (6) inches high and the second line of lettering will be three (3) inches high. The lettering is proposed to be constructed of steel and painted black for wrought iron appeazance. The letters will be placed on redwood boazds secured onto redwood posts. Illumination consisting of enclosed floodlights has been specified on the "technical information" page as optional. The HPC recommended that no illumination be installed and Staff supports this recommendation. ALTERNATIVES: 1. Approve the proposed signage with modifications. 2. Direct Staff to work with the applicant to modify the proposed signage. 3. Deny the proposed signage. FISCAL IMPACT: No City funds would be required for the signage. The applicant proposes to raise the funds necessary for the signage through fundraising. FOLLOW-UP ACTIONS: Staff will work with the applicant to ensure recommendations by the City Council aze met. ATTACHMENTS: 1. Site Plan 2. Letter requesting approval from applicant 3. Elevation and Technical Information Sheet 4. Letter of support from Mr. Matt Novakovich 5. Letter of Support from the Heritage Preservation Commission 2 of 2 A~rachm ent 1 p p~ ~ ,. e® om e® e® /' ~S ~• U~ ®®o® sAo A® • •esA••s pp e,® op ®o ®®~~ o®iOSe• o®e® OA®Ae® G4o~e ~®o®i®i 0o0o00a®006 p00 0000®00®0o sBep O~~ 0 00'6®e s+90 a®000 O®®o mOOO p0®@p 0@ ®p®®® 000e0 ®YAp ®00o0oop paDO®O b ~. ~. O ~~ a. x o~io \qg~p@p®ooe• • •~ r. o~®®..• ee Oop®o.• •• posAfel• ®~~eee• • v~ ~9eooore• •eee~eeA 6 •NAe• A10• /}~, • 1 • ©ti~ '. "°~ ~i 8~ Q cL. • , ~ •• •~•- •~~r ....,. • •~~~~• •~~~ee• •~~~~~• •N ~~ees •~~~~~~~ •ee..~.. •1~~~~~ •~• w' p~tta~hment 2 .~ 13561 Lomond Court Saratoga, CA 905070 December 13, 2005 To the Mayor and City Council Members of Saratoga, It is proposed that two signs be placed on the Saratoga Heritage Orchard to identify that property. At the current time a small sign on one side of the orchard is the only identification of this historical piece of our City. The signs will be constructed of two 2' X 14' rouge-sawn redwood timbers attached to two posts set in concrete. The overall height of the signs will be 4'6". Attached to the timbers will be black wrought iron letters spelling the following: SARATOGA HERITAGE ORCHARD A GLIMPSE OF THE PAST -PRESERVED FOR THE FUTURE (Please see attached design by Mr. Warren Heid. Included is the optional illumination plan for the sign.) One sign will be placed on Saratoga Avenue. It will be parallel to the street and will be between the entrance to the library and the parking lot of Sacred Heart Church. The path between the orchard and the street at this point makes a small curve, allowing room between the sign and the trees to accommodate the tractor for plowing. The sign will be set back within three feet of the orchard-side edge of the path The second sign will be placed pazallel to Fruitvale Avenue in front of the existing sign, again allowing room for the width of the tractor. The distance from the path edge will be as above. The existing sign will be removed and, if possible, be located along the path within the orchard to preserve the efforts of Eagle Scout Hagelin. Mr. M. Vokavich has been consulted and is in agreement with the plan. The Saratoga Heritage Commission has approved this project. (See attached endorsement). The Saratoga Historical Foundation board has approved the project and has agreed to hold and disperse money for the cost of the signs. The complete cost of this project has yet to be determined. It is planned to raise the money by private donations by "selling" the letters on the signs, and asking community groups to contribute funds. There will be no cost to the City. Respectfully submitted, r /~ L ~GG~~- C~~G'C 6` ~i ~'t-/. Nancy Anderson ( Douglas Anderson) 867-4383 Dander2567@AOL.com Attachn'ent 3 V 11 SARATOGA HERITAGE ORCHARD ~. ~• A GLIMPSE OF THE PAST - PRESERVED FOR THE FUTURE ~ ~ Q TECHNICAL INFORMATION FOR THE NEW SIGN FOR THE SARATOGA HERITAGE ORCHARD CITY OF SARATOGA Date: November 14, 2005 Location Two (2) locations - Center between Library and Bridge on Fruitvale Avenue and center between right side of Library parking and Church property on Saratoga Avenue. Timber Background for letters - 2x14" clear redwood - rough sawn. Posts - 9x8" clear redwood -0 rough sawn set 98" above .grade Letter Style - Top row - Avant Extra Bold pattern - 6" high - cut from 1/4 steel -.painted black for wrought iron appearance Bottom row - same pattern and appearance - 3" high Construction Posts poured into 29" deep round holes, set in concrete 2x12" bolted with 2 - 1/2" x 8" round head bolts with nut and washer on back of posts I1 i tion ~D ~ 1~..~ Two (2) e losed loo fights at ade - 8 feet n feet ap Warren B. Neid AIA-E Architect Emeritus Attachment 4 City Manager Saratoga, California D. Anderson December 14, 2005 I have reviewed and approve the proposed location for the two new Heritage Orchard signs. One sign to be placed in the orchard facing Fruitvale Avenue; a second sign will face Saratoga Avenue. These signs are to be placed in such a manor that they will not interfere with the maintenance of the orchard. Sincerely, r% 6~i Matt Novakovich Novakovich Orchards Attachment 5 8 Novemt~er 2005 Ms. Nancy Anderson 13561 Lomond Court Saratoga, CA 95070 Dear Nancy: At today's meeting, Saratoga's Heritage Preservation Commission unanimously passed a motion to accept and support your proposal for new Heritage Orchard signs. The proposed signs are to be constructed of rough wood planks with wrought iron or metal lettering identifying the site as Saratoga Heritage Orchard e gGmpae of the past preserved lbr the tutu+e One sign is to be placed in the orchard facing Fruitvale Avenue; a second sign will face Saratoga Avenue. This letter is intended to serve as an enthusiastic endorsement of your propose! by Saratoga's HPC. Sinoarely, ~IQy~~ Patricia A. Bailey HPC Vice Chairperson 12861 Foothill Lane Saratoga, CA 95070 baiieywidc(~oomcast. net cc: Shweta Shah -HPC Staff Liaison SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 ORIGINATING DEPT: Community Development PREPARED BY: John F vm ston AICP z~&~?~/1 SUBJECT: USE OF THE MCWILLIAMS HOUSE RECOMMENDED ACTION(S): AGENDA ITEM: U CITY MANAGER: ~~ !~-./~-~ DaveAndersonn /~/J DEPT HEAD: I.LG 72'~ Staff Recommends the City Council approve the attached Resolution allowing the Saratoga Historic Foundation the use of the McWilliams House as a museum. BACKGROUND: The McWilliams House is located in the City Historic Park on Sazatoga Los Gatos Road. The house has been vacant for several years pending its restoration. The last tenant was the Saratoga Chamber of Commerce which is currently located on Big Basin Way in the Village. The Heritage Preservation Commission is currently working on having the house placed on the National Register of Historic Places. The City received a $100,000 grant to restore the building by the Santa Claza County Parks Department. The drawings for the project have been completed and the project will go out to bid in the next few months. The agreement with the County states the following: No contribution made by the County shall be used for oj~ce space and/or other non County park purpose. DISCUSSION: The Sazatoga Historic Foundation is interested in using the building as a Museum. This would meet the County requirements as stated above. FISCAL IMPACTS: None ALTERNATIVES: Recommend staff investigate other user options. FOLLOW-UP ACTION: The City manger shall enter into a lease with the tenant. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENT: 1. Resolution of approval 2. Historical Project Agreement between the City of Saratoga and Santa Clara County 2 of 2 Atta~hm enC 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING THE SARATOGA HISTORIC FOUNDATIONS USE OF THE MCWILLIAMS HOUSE AS A MUSEUM WHEREAS, the City Council recognizes the importance of preserving the history of Sazatoga and the need to enhance and maintain the unique character of the historic resources; ally WHEREAS, the City of Saratoga City Counci] supports the Sazatoga Historic Foundations request to use the Historic McWilliams house as a Museum; and WHEREAS, the City Council held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heazd and to present evidence; and WHEREAS, the City Counci] finds that supporting the request is consistent with the City of Saratoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element CO.5.0 to "Protect historical and archaeological values and significant geographic landmarks from destruction by development whenever possible" in that it will assist the Sazatoga Historical Museum with the continued operation of the Museum and the education and preservation of significant historic values in the community that are currently being maintained at the Museum. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sazatoga that it approves the request of the Sazatoga Historic Foundation to use the McWilliams House as a City Museum open to the general public. The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 21s` day of December 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN; ATTEST: Norman Kline, Mayor Cathleen Boyer, City Clerk Attachment 2 .; ~~ • : County of Santa Clara Environmental. Resources Agency . parks and Recreation Department ~ SANTA C L A R , A 296 G,~raen Hill Drive, ~. ~.~, ca 9so3z ~-~ ~ Q ~ ~ T Y PARKS.. (906) 355.2200 Fax: (408) 355-2290 __._ ..._ , _. Reservations: (406)355-2201 GO OUTSIDE AND PLAY RECEIVfD November 10, 2004 NOV 1 5 2004 CITY OF SARATOGA Mr. Dave Anderson, City Manager City. of Saratoga 13777 Fruitvak Ave. Saratoga, CA 95070 RE:. F1' 2004 Historical Project Agreement for Saratoga Historical Park Restoration - Dear Mr. Anderson, • Enclosed please find a fully signed copy of the Historical Project Agreement for the restoration of the Saratoga Historical Park.. $100,00 is now available to you for work on the project. as outlined in the provisions of the Historical Project Agreement. These funds are available on a reimbursement basis and no funds are provided in advance. Please read this Agreement thoroughly and familiarize yourself with the various requirements and conditions. before beginning your project. Doing so will prevent project delays and repayment issues. Note that the conditions outlined in the fifth paragraph of the Agreement must be satisfied:before any reimbursements tan be authorized. Please submit the information required in this section to us in advance of your reimbursement requests. Also remember 52D1Y work noted in Project Agreement Attachment "A" (your Scope of Work) is available for reimbur=sement. Please read Section IV. "Compensation," of the Project Agreement $arefully for details and requirements regarding filing reimbursement claims and the grant expiration date. Also please . note the special requirements for the final reimbursement payment request. • HISTORtCAI PROJECT AGREEMENT for Saratoga Historical Park Restontfon with CNy of 8aratopa FY 20W HISTORIC HERBAGE GRANT FUNDS, 1100,000 • This Agreement is made and entered into between the COUNTY OF SANTA CLARA, a polNial aubdNiston of the State of CalHomie (hereinafter referred to a Ute'Cotxtty/'), and the Cfty os Sarafopa, {hereinafter referred to u'Projset Sponsor'), RECRALS WHEREAS, the Project Sponsor submihed a funding proposal b the County Historical Me-Nage Gommisskxt to provide tundktg for the Saratoga Historical Psrk Restoration; arKl WHEREAS, the County Historical Heritage Commiaciori on Mereh 18, 2004 ravfewed the merits of the proposal end conveyed its recommendation that the Board of Supervicora epprow the egocetion d $f00,000 from the Fiscal Year 2004 Hisioricat Heritage portion of the Park Charter Fund to assist pte Project Sponsor fn the completion of the Saratoga Historical Park Restoration; end WHEREAS, the the Board of Supervisors on May 4, 2004 revie~wd the recommendations of the Historical Heritage Commission and approved the conditions end the allocation of E100,000 from the Fiscal Year 2004 Historical Heritage portion of the Perk Cherler Fund necessary to assist in the Saratoga Historical Park Restoration In order to acknowledge, preserve and commemorate the hislorieei • and Cultural heritage of the Sants Cfara. Valley; WHEREAS, said expend8ures are condRioned on: 1. County funds will not be used for any personnel costs and will be used only for rehabNitetbn of the Mc WNliems house. e 2. The plans for restoration will be reviewed by the HHC prior fo execution of the work. g. Provide documentation of a public access schedule by the Senfa Clare County Park6 and Reueation Department. and meeting the terms of the Agreement below; NOW, THEREfORE, in consideration of the mutual promises, covenants and conditions herein, the County and Project Sponsor agree as follows: et=r.Tto_k t FINDING FOR PARK PURPOSES The Board of Supervisors reviewed the facts in suppon of the project end finds; the project is located in a park in Santa Clare County, it will be open to the public on an equal basis, H will benefd ell citizens of Santa Clara County, and that the project serves County Park Purposes. ~r•Ttoty t PROJECT SPONSOR RESPONSIBILITIES , «° lJ Project Sponsor shell have responsibilNy for the work twtjhtld k1 A11BC11rtltbfll A, Hl191~ ~. Work (herehefisr referred to es'Project'), end the Project Sponsor shall set promptly end wMhout delay with respect to such metlero in rektion to the Projeck a} Compyinp wMh the County of Santa Clare Adopted Policies on Bidding end Contrectirtp concem4rg Ute following issues; Hiring. contracting for, or otherwise retaining the professkxtal services of arehtlaek, errpMtesrs, end other proteasional experts ai requied for Compktton of the Project Obteinhtp construction bids, awarding the construction contred, supervising, and edmintcterirtp the Project. Payment. of prevapirp wages per the :Califomfa Lobar Code. b} Complying wHh the appropriate requiremenk set iorlti in fife Sente Clare County Insun*utce Manual. c) Preperetion of piano end cpecificationc for the Project and construction of the Project. d) Preperotion of ell environmental documenk required for wmptetbn of the Projeu pureuent to the Califomie Environmental Quality Acl,• Nattonat Environmental Pdicy Act, • end any rubs and/or regulations promulgated thereunder. . e) Securing alt approvals by government agencies requtred for wmpletion of the Project. f) Securing performance and payment bontla or other acceptable puerentees to assure . astisfactory completion of the Project, end the payment of laborers and aupp8as of material. p) AS a condition of funding, the Project Sponsor sheN recognize the fsulnctal contribution of the Counfy of Santa Ciaro Historical Heritage Commission and the Parks end Recreation Department by providing permanent sipnege to that effect on the Project or Project site. hj The Project Sponsor must execute this Project P~greement within ~~arof the Board of Supervisors approval dale, May 4, 2004 or the Project Sponsor may be required to forfeft the grant funds if so recommended by the Historical Heritage Cornmiac"s>n. ~) The Project Sponsor must submN a project progress report to the Sella Clem Ggunty Department of Parks and Recreation December 1 and July 7 of each year until the project is completed and reimbursement received. j) All projects awarded grants funds may be requued, by this Agreement, to be reviewed by the Historical Heritage Commission prior to the commencement of work, to ensure that the proposed project is consistent with the Secretary of the Interior Standards. The Historical Heritage Commission may require the review of any aspect of the project revised by the sponsor after the grant is awarded. y. Capital Contributions by Ponies to Agreement. . a) COUnty'S COniributiOn Shall bE EXpended EXGIU51YBIy for items sPeciried in Attachment A. ,rembed Ptoied SCOPE 01 Work, and Attachment B, Itemized Froject Budget for ~~ completion of the Project. b) Project Sponsor shall be responsible ttx obteininp arty funds needed above the County contribution for the completion of the Projsd. These addllitxtel funds chaff be idetttifkd 1n Attachment 8, Itemized Project Budpst. .. . c) No contribution made by the County shett be used for salary or admMiatrative expenses incidental to the Project. - d) No confributbn made by the. County shall be used for office apace and/or other non- Ctwnly petit purposes. 8. Publk Park Purposes. a) Project Sponsor agrees that the subject Project will be open end avattabk to the pubtte, and ecoeaarble by aN members o1 the publk per guidelines set forth by the Amsriwns teilh Diaebttttks Ad... b) Project Sponsor agrees the approved funding will be used solely for County Perk Purposes. . cc~TtoN nt- OPERATION AND MAINTENANCE It k mutuauy understood that the Project will be constructed, operated, and maintained ior.e period of 20 years Dy the Project Sponsor for the benefd of the puDlk. On-going mairitenance is solely the responsibttity . of the Project Sppnstx. ' teFr.TtoNty- COMPENSATION/REIMBURSEMENT. The County shell contribute a sum of S 100,000 only for those items Chown on Attachment A, Itemized Project Scope of Work, contingent on the conditions for funding enumerated on the RecMela on the first .page of the Agreement. The County shell set aside said sum from appropriated Perk Charter Historic Heritage funds in Fiscal Year 2004 Project Sponsor shall provide County a detailed, item@ed invoke requesting Feimbursement of Project costs containing information noted below. No advance6 wit! be made. If a reimbursement request is not complete or fa unsatisfactory the County will require additional information, or pay that pan 01 the reimbursement reque;t that is satisfactory, or decline payment, or any combination thereof. All reimbursement requests shell contain the following information: , a) A letter itemizing expenditures being claimed for reimbursement. Itemizations must clearly show what the expenditures were for in relation to items in Attachment A, Itemized Scope o! Work. b) Clear copies of invoices that are for the approved Project and era addressed to the Project Sponsor. . c) Evidence that all invoices have been paid. For example, s clear copy oT the front side of the check or wanant issued to pay them, of a receipt of payment. Account statements will not be accepted. d) Copy of up to date Certificate o1 Insurance to comply with Section V. of this Historical . Project Agreement, Showing jpcursnce noiicy i~ c irr ntiy~ FHPCtive. - ~-~ - -..~_ r..,:..,.a ,.,,-~, ,flc rnnstn ,n inn ins nncfinn ronnHS ~nr1 rnnies [ff .. . lien releaser a payment bot-dl: to ptolect 6ubCOntf6GOf6. f) Project Sponsaa may aubmq requests to reimbursement any 1'sne that they have claimable expenditures exceeding a mhrimtmr of 51,000. However, Project Sptxtstrrs must send the County reimbureemeni:requssts on.s quarterly basis when they have claimable expendittres during that quarter that exceed E7,000. The quarlstty submittal dates aro Jsrwary 1, AprN 1, July 1, and Odcber L p) Requests for f~^AI AAVI11Pnr of grants must krduds: l.) of keel sbr (8) dNferent photos of the project 2.) an addftional photo of the recopnilion noted in Section 11,1.p. above wlti be provided, and 8.) a statement of how esch are of the corrdNions rioted in the Recllsle on the flrat pope of ihk Agreement hew: been rtieL H the reimbursement request is aetisfagory, the County cfiall provide payment to the Project Sparser within 60 days. Countys contribution shall be expended onry es indicated in Section Ii of this HiRtorical Project Agreement. County contribution must be sxAanded by May 4, Z007•w said funds tttfU -evert to the County iw reprogramming. Expended mesas the final project refmbursemerrt request has Men delivered to the Santa Clara County Perks and Recreation Department within'E years from the Board of Supervisors approval date, May 1, 200i. It is the project sponsor's responsibHity to keep track of this expiration date for the pant and to see. !#rat tM project Is completed ahd~reimbunernents submitted in advance of thst date. Extensions for projects will only M svailable.under'speefal ckeumstanees. - Records of the Project shall be maintained for audfl purposes fa three (3) years after ramplef'ron of the Project a until alt daima are settled, whichever occurs lest. All records and, date shall be available 10 County upon reasonable notice within five (5) working days o1 a request by County. Project Sponsa shall repay. County with interest at the rate earned on Counfys investments for any uneufhorited ecttvitfes . disWosed by audit or inspection, inctudrng the cost of the autlfl, within thirty (90) days of demand by County. Prla to disposal of any such records, Project Sponsor shall notify County and County shall have the opportunity to place recordc in ataege unless written release is granted by the Director of the Parke end Recreation Department. . Audits may be conducted at the discretion o1 the Santa Clare County Perks and Recreation Department, The audits may take fwo Corms; a walk through inspection of the Project and informal review of the Project records by Parks and Recreation Depsnment staff, and/a a formal financial audit wnduded by eitt-er Santa Clara County staff a a consultant. Project Sponsor should be prepared for either or both types of audNs. A walk through inspection may occur at the bepinninp.of a project, prior fo approval of the fatal reimbursement request, a a! periodic intervals throughout the project. A formal financial audh,may occur as deemed necessary by the Santa Clara County Parks and Recreation Department. ' ~r.Trt)M v. LGggILITY AND INSURANCE The Project Sponsor shal~.conform to all insurance requirements that are deemed appropriate for the project and outlined in the Santa Clara County insurance Manual Tor prolessionsl services and construction contracts. Insurance requirements vary by dollar value, type o1 contract, end whether Santa Clara County owns the property. The Project Sponsor shall obtain a summary o1 all insurance requirements that are deemed appropriate for the project from the Santa Clara County Parks and Recreation Department prior to completing the required Attachment C, Certificate of Insurance. . Project Sponsor shall defend, indemnrfy and hold harmless County, its officers, employees, and agents from any loss, injury, or damage arising out of or ire connection with any acts or Omissions relEted to the ~~ ~~- -,...,..ia+~..., nr nc~ Grnlect by the FrOieCt Sponsor, and the ongoing operation and maintenance of tyre Project. i Throughout the term of this Historical Project Agreement, the Ptojed Sponsor, st fta sok cost and expense, ahefl name the County es an addflionel insured on insurance pdides required by the County for completion of the Project. The t:xeci tollovmrg language must be inducted in the policy listing notktp Mre County es addNionel Insured: 'fie county 8oe-d of Superviatrrs of Ssnta Clare, ff's officers; agents, end empbyws of the CourMy of Santa Clara ere named indh~iduelly end collectively ac Addffbnel Insureds / Seretoga Historieal Park Reatoretfon, Insurertce k prknary.' . Project Sponsor shall provide; or have the consultant or conatnrctlon contractor pr`bvide, a eurrently effective Certificate of Insurance to be inducted in this Hlatoricel Project Agreement u AttadlmeM C, Premiums for insurance policfec are considered en stiminisiretive expense end ere not relmburaabk. A yt,..R.,t rrse+r. Certiflcete of Insurenw stall be provided by the Project.Sponsor prior b approval of ell requests for reimbureemerrt. ~r.TtoN vi_ TERM OF AGREEMENT • This Historical Project Agreement shell become operative upon its execution by the parties and sMq rerttain operative witlr the project Sponsor 4ntp Mey 4, 2007 or until completion of the Project end reimbursement by Ble,County, vArkhever occurs first. soctteN vtt_ AUTHORIZED SIGNATURES City of Saratoga hsa authorized Dave Anderson to execute this Historic,§I Project Agreement. Arty addffgnal signstor~ea noted In the Project conditions noted in the Recitals on the frcct page of-the Agreement ere also made party to tlx Agreement, ~nrva Var_ NOTICES Any notices provided herein shall be mailed to the respective parties addressed as follows: ~,OLNT" OF SANTA eRe Director f:ITV OF SARnTAC.A Dave Anderaoh; •City Manager Parks and Recreation Department City of Saratoga 298 Garden HAI Drive 13777 Fruitvele Ave.. Los Gatos, CA 95030 Saratoga, Ca 95070 ~.. Phone: (408) 358-3741 (408) 8ti8.1213 HisTORicAi PROJECT AGREEMENT SIGNATORY PAGE for Saratoga Hfatorical Park Restoration.:... wRh the Cky of Saratoga FY 2004 HISTORIC HERBAGE-GRANT FUNDS, 5100,0000 WHEREFORE, the parties by their duly authorized representative have entered into this Historical Project Agreement for Saratoga Historical Pork Restoration on the date shown below; Director, Parks end Recreation Dept. Dated: ~ ilg, • Approved as to form and legslity: KATHRYN A. RRY ,,i Deputy County Coutn~el Dated' ' , ~..~ ~%- Dave Anderson City. Manager Dated: , f~' ~ Z~ y ATTACHMENT A ITEMIZED PROJECT SCOPE OF WORK (This k to be provided by the Project Sponsor when returning the completed, signed Agreement. Ttls Iist muff SpBCIly three dame nr 6 ing fund ~ iF~a~-0nM i~~nde H thi hems eM paA of larger scope of work for the project PLEASE CLEARLY CALL OUT bM1 Y THOSE REMS THIS GRANT WU.L FUND.) ., • . 017TLINE OF WORK FOR THE ADDITION ANQ ALTERATIODIB TO THD JAMES McwILLIAM6 HOUSE 2N 7'tlE SARA1'06~- HISTORICAL PARK I,os c~-TOS-sARATOCa- naAn, sAw-TOC~-, c~- 9so~o November 28, 2003 The basic outline of York for this project includes the following i fiema . l., Addition of Store Room - Constructed over the existing foundation that remains from the shed storbge area. The area is approximately 125 square feet in size with a gai~le roof with the slope matching the moin gable roof of the existing building... The.€tUda shall be sheathed with ]/2" thick plywood with redwood hiding to match the existing building. The walls, floor, and ceiling shall have approved inaulati~on: The interior walla and ceiling shall.-have 5/8" thick sheetzock, The flooring will be 12°x12" vinyl composition tiles and rubber topset"base. The roofing aha11_be_a Clara A Composition Shingle to match the existing. . 2. Fropt Porch - The floor framing, flooring, stairs, posts, and railing shall be removed and replaced with the porch floor the same hei~oht as the main floor of the building to meet RDA requirements. The replacing of the porch shall include a ramp at the left silo of the building snd to the brick walk ss shown on Sheet No.'1. A11 damaged wood by dry rot snd/or termites of the main structure shall be replaced. All framing and " deck/ramp material shall be of construction grade Redwood or pressure treated Douglas Fiz with posts and railing of A grade Redwood.. 3. Fear Porch - The floor framing, flooring, end stairs shall be removed and xeplaced game as front porch except for the installation of a ramp. q. Exterior work - Other work :hall include the following: a) Re-grouting as required the brick fireplace and chimney especially st the Tiding. b) ThE front snd re~z Exterior doers eha11 be replaced as may bE required by the FizE Msr~hal. ' c) The six (6) doublE-hung windowe ehall bE rE-glared and re-hung. .:~ FOllridct10Ti VEAtB shell bE rE gliirEO fC•r CODE OUTLINE of NORK FCdt THE ADDITION AND ALTERATI09~B TO Paps Z. THE JAMEB McWII.LiA-d6 HOUSE IN THE SARATOGA HI67'ORIGL PARK LOS GATOS-SARAT06A ROAD, SARATOGi-, G 95070 fj The existing exterior materials shall be spray washed and painted a minimum of one ~(1)•coat of exterior grade house paint with color scheme matching the existing. The Addition and ail new materials shall. receive the same except no washing required and two (2) costs minimum be installed. 5. Interior Work - Shall include the following items: s) Remove all linoleum and carpet, and sand/finish the existing wood flooring.. b) Remove the existing air conditioning window unit., c) Remove the existing water heater., d) Furnish and install 36,000 &TU furnace with condenser. Furnace to be up-flow unit with ceiling registers in all major rooms except Store Room. Condenser to be install at exterior adjacent to the Furnace. e) Furnish and install new 50 gallon water heater in the Store Room adjacent to the furnace. . f) Plumbing Work - to also include an ADA approved water closet and lavatcry in the Esth with a sink unit at the Xitchen ss approved by the board of the Historical Foundatien to meet period sink. Connect all tc existing hot and ccld water with revisions for the hot water heater. All work to meet. current Plumbing Code. ' g} Electrical Work - tc include a new electrical panel to meet current loads. Verify with the Utility Company. Remove and replace all exposed conduit under the floor framing for all receptacles. Furnish and install new light fixtures approved by the Historical Foundation Eosrd tc meet period appearance. All work shall meet the current Electrical Code. h) Fainting - C6rE shall be EXErC1fEd not to destroy an Existing historical documents or wallpaper Exposed on wa11~. Pint all Existing materials with one (I) coat of intericr paint to match Existing and two (2) coeis to sc7f~E matezia] for new work. 1. _ ~ Following is s report to the Heritage Preservation Commission of the Ciry of Saratoga. It is. based on a site walkthrougb by Paul Cortrado end Norm Koepemik on Tuesday, )tme 22, 2002. 77te following items require repair/replacement to occupy the building safely. • Re-glaze-and n-bang windows throughout ~ • 0 6 double hung and 2 casements • - • $ring barb tip to ADA standards? (may notbe necessary depending on interpretation of the codes). • Paint interior QUTSIDE • Replace broken and ronen siding to match • Remove rotted deck boards. and replace- front and back o Add joist @ front pomp center span • • Replace front and back steps . • Fou»drtion nbbon board rotten -replace • Grout fireplace to aiding- fill gaps • Clean and paint exterior ' • Add foundation vents Tbt following items require repair/replacement to restore the building to it's original; historical condition, and make it a desirable venue. . '. .Remove window A.C. units .• • Remove and replace electric baseboard heaters with forced air and add A.C. • Move and upgrade hot water beatu o Move to outside -add on shed • Remove linoleum fioora @ barbs o Sand and re-finish floors Remove carpeting- re-finish floors • Change out fluorescent fixtures • Re-route electrical conduit to under-floor •. Build cabinet around phone equipment (to clean up room) Oi1TSIDf • Front porch not origins]- restore to original- locau pictures to verify • Add back Jean•to ai back and open to outside -increase useable space. ,• In reviewing the site layout during the walkthtouglt, Paul CuAt6d0 tills T1QTtll ]~OCpCTAI~( OS~Q ~ following suggestions. A pmfessiona) landscape architect should be retained to review turd implement these ideas. Remove cherry trees emove wood benches and walls • R ign ead replace courtyard . o 'ek, stone, and concrete materials • Add erb een buildings o Tie ildings logetber . o Create 'vacy r N o. T 1 ~ ~ to. N.Z !~ ~C.T o Add Gate • Remove all ivy- too b ground cover " • Utilize all of the area o Lots of dead spaces . . • Behind Book-g otmd . • ..At catch basin ~ ~ ~ . • Flan envance at Book-go-Round. to a more inviting. Uphi11 side of Book-go-Round: create s for gatbering6 and food.service (remove ivy; cutback bank appmx. 6', build small rata' wail). Respectfully submitted, - . ILK. &~~-- Norm Koept:rnik `Paul R. Ctittrado ATTACHMENT B ITEMQED PROJECT BUDGET CORRESPONDING WITH ATTACHMENT A (This k to be provided by the Pro)ert Sponsor when returning the completed, signed ApraameM. The budget must specify the costs for those Items noted in Attachment A M the hems ere pat of larger budget for the protect PLEASE CLEARLY CALL OUT OI,ILIC THOSE REMS THM GRANT WILL FUND. The budget must also Iist the source rind smount oi,~ny matching funds for 1M gent) PRELIMINARY OPINION OF CONSTRi)CTION COST8 FOR THE ADDITION AtiD ALTERATIONS Ta THE JAh~B McWILLIAMS HOUSE IN Tli£ BARATOGA HISTORICAL PARK L08 GATOS-SAIiATOGA RQAD, SARATOCi1; CA 95070 - September 8, 2009 The following Opinion of Construction Costs. is based on area/material sizes and current construction costs. General Conditions (Insurance, payroll costs, permit, et c. 1. 53,500 Demolition. and Hauling 2,500. Miscell. Removal (AC unit at window, electric heaters, ' ' linoleum, fluorescent fixtures) 1,000 Excavation and Foundation except Addition 2,200 Addition Framing (Floor, walls, ceiling, roof, siding)- _16,.500 Rebuilding Front Porch and Rear Porch/Stairs incl. rear ramp 6,500 Miscell. Repairs (dry rot, termites, add found. vents). 3,500 . Roofing. (Class A Composition Shingles) 3,200 . Sheet Metal YPork 900 Masonry Work including pointing up chimney grout 500 Millwork (New and Rear Door/frame, cabinet~at phone equipment, re-glaze and re-hang double hung sash) 2,850 Drywall for walls/ceiling at Addition 1,800 Interior Painting including preserving historical items 3,550 Exterior Painting (new 2 coats - existing 1 cost) 3,50 0 Flooring (sand/finish existing floors - compo, the @ Add'n 2,400 Electrical (reroute conduit under floor, new light-fixtures, HVAC wiring, new panel) ~ 9,000 }JVAC (furnace in Addition) 5,500 Plumbing (new water heater - ADA fixtures @ musetiun) 1,200 SE Contingencies 3,450 Total 572,450 108 Profit and Overhead 7,295 Total Opinion of Construction Cost $79,695 This Opinion of Construction Cost is based on the Preliminary Study dated November 28, 2003 for the Addition end Alterations as shown on Sheet 1, but now with .the ADA ramp at the rear. Since not all of the structural items are complet.eiy designed, the framing is an estimate of the sizes required. The profit and overhead item could. be s greater percentage depending on the general contractor's office and ,Staff requirements. ~~ .'1 ~4^'r"y~ . aTTacH~IENT c CURRENT CERTIFICATE OF INSURANCE (This to to be provided by Protect Sponsor on the attached Santa Clan County form whdn " returning the completed sign Agreement. The Protect Sponsor shall document that tMy haw complMd all Insurance requirements ttwt are deemed approprlaM for the Protect from tMk consultation the Santa Clap County Parks and Recreation Deparimerrt.] ., • Q'ABAa PLAN Corporation tanEDATEtwwuan'n CERTTFICATE OF COVERAGE ~~~ BROImt: DRIVER RISK SERVICES Tw[cumncAnnmutoAtARUmnastraRwTtDRararArocDI1roD 600MONTGOMARYS7.,91hF1oor RoRRamu~a~rnEalmnut[ttotdp~tt~aAnnatttgonolAw+a SAN FRANCISCO, CA 947]]-1933 EA,rIDa~,uTSRTRSCOVeRAa[APPameD.rnewucstpn,dRe 4]5/403-1400 L't?MPAMFtAFFOAITIN , O .n~GF. PROVNIDt: ABAG PLlN CORPORATION ~pwY P. 0. BOX 105@ A AHAG PLAN Corporation OAKLAND, CA 94604-1050 COMPANY 5]0/464-7969 ~ B IBE. Co. Of The State of Pennevivant Covered Ssntop CottPANY Party' Ciq ADII,13777 FroltvDk Avenge C LesfnetoB Inanrance Comnanv Santort. CA 93M9 -oUtr Pta.tcv LIAHI1JrY LEIt>Iq' CO TYPE OF COVFRAC+E ~ POLICY NUMBER ~'~ iA~[nAtfOn tACa DATE bATt oKUlln[PKK AccuWrt A GENERAL LtABtLITY ABAG PLAN ZODIpS 7p1l1009 7pIR003 C,oDilioed X cna410tl0mvEPaaDt Ss1Ele SS,000,oM Licit X wM....~ e~nr/ n.uee.rlM[ ~ •~L~ UNDtRGROVND WLOetON .S. wrr[+AC.r~K X DROAD-OAN PAO)ERTY DAMAOE A AUTOMO>HLE LIABILITY ABAG PLAN I004p~ )plllOlM 9ptf1001 Combined X ANY Atrro Silpk 55,000,000 Linen }j AuotnrtDAtrro iCSL7 B EaFeMGwnitAaelia-Db 4704.1817 i/0)/7009 7/O11Y005 CSL 5',000,000 P.ex.olAd,rtESO Et0 55.000,090 55,000,000 C PAOPLRTYINSURANCE 7BD i/01 /2009 i/01 /2003 CSL, 570,000,000 x PROPERTY/AL[RISi: PROPERT]' (palFChedukJ ~ aj eort.Ea a a[,pm+PxT DonER ~ 550,000,000 MA DESC7tIM10N: Getleral 6ablliry includeF Perwnal ]njur; ~ and Public Officials ` ErrorF and OmissionF.liabiliq•. This Cerufiute iI isued R[ proof of inslrruae a confirm dle above-named Insured i, an acdvc membn and in good sanding aitii wverage aF i1N7ipted shove. CERTIFICATE HOLDER CAA'CELI.A770N CNy of SantoO+ FNOIAD w'Cl' Ot TN[ A+MT DCFCRIDCD AGAIiM[."RF k CA ~C[LL[D aei'Ow[ TTti UV/RATIO%DATI THLa[Ot.TN[MMTDCR?I10T77KI wTU C%ALA~'Oa TO MAIL - )DDAI"TITUTT[F %OTNS TO TN[ t[+Tn7tAT[ NOLDLR NAM[D TO Tt1I lilt. NOMT~T0. tA1LIN{[ TO MAii Ft~CN %OnC[ aNwLL IMFd[ 1W O+U6ATt0!+DII LA+IL7T1' Ot w'•l' ID%D IO'O+.' TN'[~/YMfDA'~1'.ITF wGEN,t 0 R[DReiC%TAT/YFi. Anention: Cathleen Boyer /~~~~ "" ~ , ', • ~ 770N OF BAY AREA GOVERI~VNIF.N7'S -'ABAG PLAN Corporation • P.O, Boi lOSO Oakland, Glifornia 946M-2050 (S10) 464-7969 ADDITIONAL COVERED PARTY ENI)OR~EMENT~ . .. THIS ENDORSEMENT CHANGES TAE CONTRACT . Please read It'carefully! ~ . ~ • . Endorsement Effective: t»plne~rolneos • ~~ Saratap .. .. ...Additional Covered Party: ChY of SantoSa .. Deacriptbn of OpeS'atJtuu Shat ~ppantio~ or Facilities: . The definition of Covered Party is amended fo include any prnon of organization the Entity is coritracruslly obligated to include. • o an additional insured, and for which a cmificatc of coverage has been issued evidencing ouch status and which is on file with ABAG PLAN Corp., with respect to BodUy laiory, Personal lniury and Property DamaSe arisinS out of the EtttMy's operatiom or premrsa owned by m rented to the EoWy. The coverage provided to the additional Covered Parry does na apply to any liability occurring after those operations or use of laemises have cepsed. Coverage applies only ~o the vicarious liability ofthe Additional Covered Party fm operations m services described in the conttact with the Entity. The inclusion of more than one Covered Party under this coverage shall not operate to impair the riShts.of one Covered Parry aSainst another Covtired Pam' and the coverages afforded by this endorsement shall apply as though sepaau policies had been issued to each Covered Pam•. The inclusion of more than one Cm•ered Pam• shall not, however, operae to increase the limit of ABAG PLAN Ctxp.'s liability. . lfrequired byconvae~ any insurance carried by a certificate holder which may be applicable shall be deemed excess and the Etttll••'s coverage primary ntitwithstanding any conflitting prirvieions in the Etspq•'s policy to the conttttry. ' A certificate holder shall not,by reason of their inclusion under this policy, incur liability fOr paymem of premium. lathe event.of reduction in coverage or cancellation of this insurance, we agree to mai] thirty (30) days (lea ~ ]O] days for non-payment) advance notice of such reduction or cancellation to each entih' added as per cenificateF om file with ABAG PLAN Corp. which specify that a wrinen contras exists and requires that the cenificau holder be an additional insured. ' All other terms and conditions in thopolicy remain unchanged. 9R/1001 Authorized Signature: Date: *~o.~.•. Ro.;o.l~~ Ricl 111ananer SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 AGENbA ITEM: ~~ ORIGINATING DEP :~t'ty Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: SUBJECT: Tree Pruning and Decorative Lighting Proposal RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: In 2001 the City implemented a decorative tree lighting program in the Village. KC Enterprises were contracted to install lights on 98 village trees located along Big Basin Way for a total cost of $21,500. In 2003, due to budget constraints tree lights have not been repaired or replaced. Most species of trees located in the Village should be pruned about every three years. It has been approximately 3 yeazs since the last pruning was performed. Sazatoga Tree Service has submitted a proposal of $3,120 to prune and remove tree lights from trees along Big Basin Way. KC Enterprises have submitted two options for installation of new lights after the trees have been pruned. The first option is to wrap the tree trunks with lights. The estimated price for installation and the purchase of the lights is $13,720. The second option is to install the lights on the limbs of the trees. The estimated price for installation and lights for this option is $15,120. FISCAL IMPACTS: Zone 7 of the Landscaping and Lighting District has funded the cost of providing electricity for the decorative tree lights along Big Basin Way, 3Td Street, 4~' Street, and Highway 9 (Big Basin to Oak Street). During the next budget cycle staff will determine the operating for costs of maintaining tree lights throughout the yeaz. Funds for tree pruning and the purchase of tree lighting aze available in the Capital Improvement Plan Project -Village Tree Pruning and Lighting. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The trees would not be pruned and the decorative lights would not be replaced. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Follow City Council direction to schedule pruning and tree light installation after the holidays. Downtown merchants will be notified of tree pruning and installation of decorative lighting in order to minimize business interruption. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENT: None SARATOGA CITY COUNCIL MEETING DATE: December 21, 2005 ORIGINATING DEPT: City Manager's PREPARED BY: SUBJECT: Document Imaging Proposal RECOMMENDED ACTION: Accept report and adopt Budget Resolution. REPORT SUMMARY: AGENDA ITEM: /~~ CITY MANAGER: ~~/~ DEPT HEAD: In 1999 the City of Sazatoga implemented a program converting documents from paper to digital images and purchased Laser Fiche, a retrieval system. LaserFiche eliminates time-consuming document seazches, provides records security, reduces storage space costs, and helps with regulatory compliance. LaserFiche has helped streamline operations and has enabled staff to serve the citizens more effectively and efficiently. Since 1999 all permanent records in the City Clerk's office have been scanned and indexed along with City Council agenda packets. Within the last two years the Community Development Department embazked on a similaz project converting the City's microfiche of building permits and planning applications indexing them onto LaserFiche. For the past five yeazs the City has been successfully working with ECS Imaging Inc. ECS is a full service company offering document scanning and indexing services. Staff has been given direction to undertake the Public Works Department records that date back to the 1950's. ECS met with City staff eazlier this week and submitted the attached proposal (Attachment A). The estimates were prepazed in a very limited time frame, but they aze roughly within 25% of the total costs. The spreadsheet shows the assumptions for number of documents estimated and estimated associated costs. Staff is recommending that Council direct staff to prioritize the Public Works Depamnent documents to be scanned documents and return to Council at a later date with a phased scanning project over the next two years. FISCAL IMPACTS: ECS surveyed all documents in the Public Works Department and submitted the attached estimated proposal in the amount of $112,776. There are still a few issues that may affect overall pricing such as: actual quality and quantity of documents to be scanned, transportation costs, back prep, x-large images, and document destruction. Staff is recommending that Council adopt the attached budget resolution appropriating $50,000, from the Unallocated Fund Balance, for the first phase of the project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Documents would not be scanned and part of the City's LaserFiche program. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Staffwilt follow Ciry Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENT: Attachment A -Proposal from ECS Imaging Attachment B -Budget resolution. City of Saratoga Public Works Department Scanning Project Estimates #1 L Corporate Headquarters: ECS Imaging, Inc. 3720 Sunnyside Drive, Ste. 200 Riverside, Ca 92506 www.ecsimagino.com 877-790-1600 951-787-8768 951-787-0831 Fax Northern CA Offices 4737 Imhoff Unit 1 B Martinez, CA 94553 925-370-2456 925-370-2456 Fax San Jose - 408-448-4911 oo2r City of Saratoga -Public Works Department Rrannina Project Estimates The following aze estimates for scanning the Public Works documents for the City of Sazatoga. These estimates are to be used for planning and funding estimates. These estimates aze based on production runs and assume reasonable quality documents. Pricing: • Letter/Legal size pages: $0.115/image • Large documents up to 36 inches wide: $1.25/image • Extra lazge documents above 36 inches wide: $3.50 Document Preparation: $20.00/hour Document Indexing: $20.00/hour • CD Masters: $60.00 each; Duplicates: $25.00 each There aze still some issues that may affect overall pricing • Actual number of documents scanned • Actual number files to be indexed • Any sticky-notes or taped-on notes will be removed and will not be scanned. The time required for removal will be chazged as prep. • Dual-sided pages have not been included. Any dual-sided pages will constitute two-images. • Transportation: Will be billed at $200/round trip. Number of actual trips will depend on project roll-out. • Documents that are delicate, of poor quality, etc. will be handled on a case-by-case basis. Pricing will vary depending on the amount of handling required. Other Assumptions for the project • Back-prep (re-stapling, inserting documents back into files, etc.) is not required. • Transportation costs aze included in the estimates. 200 per round trip. • All scans are at 300 DPI. • The City will provide explicit index-criteria for images or they will be indexed by scan date and sequence. • X-Lazge images (greater than 36 inches wide) aze estimated to be approximately five percent of the maps/plans. • Document destruction -Need to determine who will be responsible for destruction of documents. If ECS is authorized to destroy after scanning, approval for destruction is required from the City after validation of scanned files. ECS will furnish a certificate of destruction. Normal cost if 5.00 box. ECS will include this in the overall project cost. Through-put Estimates • Assume approximately 30001azge images per month or 700001etter/legal size images per month or some combination thereof. ECS Imaging, Inc. Page 2 of 2 ~zn5izuu5 UPSTAIRS Five Drawer Files Public Works Table Cal Trans Documents State Highway Documents Bound Items Rolled Plans/Maps Maps in Garbage Cans Color Documents Other Stapled Documents Improvement Plans Along Wall Tract Plan: Subdivision Plan: Private Grad Other (not labeled Outside Kristin's Office on Floor Five Storall B File Cabinets in Engineering Lobby Bank On Bank Tw Bank Three Engineering Conference Room Storall Boxes (26) Plans/Maps Documents on Table (in common area) ECS Imaging, Inc. 'Your La.rerFiche Connection" Letter and Le al Lar a Size 7500 625 1200 900 1000 300 200 150 200 100 700 500 1500 1000001 117001 75 22100 100 1500 125 BASEMENT Avery Dennison Boxes Other Boxes Tract File Cabinets Cabinet 1 Cabinet " Cabinet Tt Cabinet F Cabinet I Cabinet 187. 1 Other Geo-Tech Reports Hanging Files On Top of Hanging Files Rolled Plans and Maps on Stands Black Tubes (30) Binder of Greenbar Reports 11 7580 2150 900 4400 675 500 Prepared by Rod Simon 12/15/2005 900ZI56IZ6 uowig poa /~q Pa~edaad 6L"8LL`ZI.I.S I I I ~ ;aalwd 1e7o1 OZL$ 09Z`L$ OZE`L$ ayoi~~ese~ of uodw~ loa~ip ao; s,d~ uo paoe~d sa6ew~ ~o; pa~mba~ sosia 5L$ SZ4'L$ Z90'Z$ Bwxapu~ play-ong1 6LZS SLB'E4 O60`ZZS did leJol 060'ZZ$ dad ~e~aua~ 6LZ$ 44Z'E$ sdew papa 6uixe~a~ pue 6ui~delsap lEL$ sa~i~ w sdeyy/sue~d Bwp~o;u~ sa;ewe;s3 uoi;e~ede~d S6S`t-$ i86`~ES 9Sd`YVS ;so~8uluueaSle7o1 EKE`/. SY6`YZ OLS`98E sa6ed;e;ol ~~uozyaauuo~ ay ~z~.tarv7sno~~ •~uI'~ur.~ etuI S~~