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Home My WebLink About03-01-2006 City Council Agenda Packet ~ AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MARCH 1, 2006 OPEN SESSION - 5:30 P.M. JOINT MEETING WITH PLANNING COMMISSION CLOSED SESSION- 6:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS 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. CONFERENCE WITH LEGAL COUNSEL - Threatened Litigation: Significant exposure to litigation pursuant to Govemment Code section 54956.9(b): (1 potential case) CALL MEETING TO ORDER - 6:30 P.M. REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUlTV ALE 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 February 23, 2006) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ~ Oral Communications on Nou-Al!:endized 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. Oral Communicatious - Council Directiou to Staff Instruction to Staff regarding actions on current Oral Communications. , Commuuicatious from Boards and Commissions Report from the PlaJIlling Commission. Couucil Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. I ANNOUNCEMENTS The City is now accepting applications to fill two positions on the PlaJIlling Commission, five positions on the Heritage Preservation Commission, two positions on the Traffic Safety Commission, and several positions on the Youth Commission. For more information contact Cathleen Boyer, City Clerk at 868-1269 or visit the City's website at www.saratoe:a.ca.us. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None - CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. lA City Council Minutes - February 15, 2006 Recommended actiou: Approve minutes. 1 B. Approval of Check Register Recommended action: Approve register. 1 C. Resolution to Support a Measure to Secure Local Transportation Funding Proposition 42 Recommended actiou: Adopt resolution. ID. Approval of Contract for Tax Equity Recovery (TEA) Consultant Greg Sellers Recommended actiou: Approve contract and authorize Mayor to execute the same. 2 - - " IE. Resolution Forming Tax Equity Recovery AdHoc Committee Recommended action: Adopt resolutiqn. IF. Final Map Approval For Two Lots Located At 19330 Saratoga-Los Gatos Road. Owner: Spitts Recommended action: Approve Final map. IG. Resolution Adopting a Risk Management Policy Recommended action: Adopt resolution. 1H. Motor Vehicle (MV) Resolution Prohibiting Along Verde Vista Lan,e Recommended Action: Move to adopt Motor Vehicle Resolution prohibiting parking on a portion of Verde Vista Lane. II. Hakone Gardens Historical Renovation Project - Award of Contract Recommended Action: I. Approve Budget Resolution. 2. Move to declare DeShmidt Design Build to be the lowest responsible bidder on the Hakone Gardens Historical Renovation Project. 3. Approve a construction contract with DeShrnidt Design Build in the amount of$89,500 for the Hakone Gardens Historical Renovation Project and authorize City Manager to execute the same. 1J. Approval of Contract for Purchase of City Owned Property located at 19848 Prospect Road. Recommended Action: Approve Contract. IK. Public Works Document Imaging Project Recommended action: . Adopt resolution. PUBLIC HEARINGS 2. Ordinance Amending Procedures for Compensation of City Council Members and Resolution Establishing an Expense Reimbursement Policy Recommeuded action: Open the public hearing and accept public testimony on the ordinance then close the hearing. Introduce and waive first reading of the attached ordinance and direct staff to place the second reading and adoption of the ordinance on the consent calendar for the next regular Council meeting. Adopt the attached resolution. - 3 OLD BUSINESS 3. Request to Augment the Countywide Household Hazardous Waste Collection Program Recommended action: Accept report and adopt budget resolution.. - NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mavor Norman Kline Association of Bay Area Govermnent Chamber of Commerce Library Joint Powers Association Hakone Foundation Santa Clara County Emergency Preparedness Council Valley Transportation Authority PAC West Valley Mayors and Managers Association Vice Mavor Aileen Kao County Cities Association Legislative Task Force Santa Clara County Cities Association County HCD Policy Committee SASCC - Councilmember Nick Streit Recycling & Waste Reduction Commission of SCC Santa Clara County Valley Water Commission West Valley Solid Waste Joint Powers Association West Valley Sanitation District City/School AdHoc Councilmemher Ann WaItousmith KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Saratoga Historic Foundation Sister City Liaison Couucilmember Kathleeu Kiul! Association of Bay Area Govemment Peninsula Division, League of California Cities SCC Cities Association-Joint Economic Development Policy Committee (JEDPC) Village AdHoc - 4 CITY COUNCIL ITEMS CITY MANAGER'S REPORT -- ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA). if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: l, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on February 23, 2006, City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public vie t that location. The agenda is also available on the City's website at WWtV.S ycito . a.us ,,:::"~If)!.of February 2006 at Saratoga. California. oyer, C'~ k r 5 "~, = '.-". c- ., .,,, ,'. ~f'#7;We':~~';;>- . CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2006 - 3/15 Regular Meeting - Joint Meeting with Hakone Board , 4/5 Regular Meeting - Joint meeting with Library Commission and Friends of the Saratoga Libraries 4/19 Regular Meeting - Joint Meeting with SASCC 5/3 Regular Meeting - Joint meeting with Villa Montalvo and Mt. Winery 5/17 Regular Meeting . 6/7 Regular Meeting - Joint Meeting with Planning CommissioIi 6/21 Regular Meeting - Joint Meeting with Heritage Preservation Commission and Historic Foundation 7/5 Regular Meeting 7/19 Regular Meeting 8/2 Regular Meeting 8/16 Summer Recess - 9/6 Regular Meeting - Joint Meeting with Planning Commission 9/20 Regular Meeting 10/4 Regular Meeting 10/18 Regular Meeting 1111 Regular Meeting 11115 Regular Meeting 12/6 Regular Meeting - Joint Meeting with Planning Commission - Council Reorganization 12/20 Regular Meeting - Joint meeting with Heritage Preservation Commission - 6 SARATOGA CITY COUNCIL .r' MEETING DATE: March 1,2006 AGENDA ITEM: I~ g) J c::::Y _ ORIGINATING DEPT: City Manager's Office CITY MANAGER: DEPT HEAD: PREPARED BY: Cathleen Boy Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City CoUncil Meeting: Regular Meeting - February 15, 2006 .r' 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: r' Attachment A - Minutes February 15, 2006 MINUTES , SARATOGA CITY COUNCIL ~I FEBRUARY 15,2006 -' The City Council ofth~ City of Saratoga held a Joint Meeting with the Youth Commission in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Youth Commissioners were present: Chait Phillip Baker, Arnit Arunkumar, Jennifer Brown, Kelly Burke, Michael Byrne, Tanya Gupta, Tamara Maltiel, Pratik Pramanik, Elli Rezaii, Elise Schwartz, Ted Sclavos, Steven Shepherd, and Staff Liaison Adam Henig. Youth Commission Traininl! Commissioners Pramanik and Amit Arunkumar - explained that on September 10, 2005 the Youth Commission held their annual training. This year is was an overnight event ending with a rafting trip. ' Fundraisinl! Commissioner Gupta - explained that this year they shifted from fundraising to fee based activities. So far they've had four events: Krispy Kreme $1000, Celebrate Saratoga $1,100, Annual Appeal $900, Chevy's $100, Mustard Walk $75. Dances Commissioners Sclavos and Rezaii - noted that the first dance only 185 students -' attended, their most recept dance attendance was approximately 500. The Commission is working on making the entrance and coat check more efficient. Also, their new DJ, Dr. Paul, is a huge hit. Concerts Commissioners Baker and Maltiel - explained that the Commission has held nine concerts since they last spoke to the Council. Approximate 75 people attend each concert. In March they will have their first concert in the Community Center. Snow Trip Commissioners Shepherd and Schwartz - reported that the 2nd Annual snow trip was a huge success compared to last year. This year the trip with held with the City of Sunnyvale. Saratoga had 39 participants whereas, Sunnyvale only had 9. They served muffins and drinks on the way there. The Commission feels the trip was a success because of the advertising campaign. Y AC Attack Commissioners Brown and Baker - reported that this year the Saratoga Youth Commission was in charge of two sessions at the annual YAK Attack conference. They're working on a debate over the pros and cons ofthe popular internet site called "My Space" and the other session will be on public speaking. -' Transplant Lecture " Commissioners Burke and Byrne - reported that since last year their idea of a film festival failed they have been thinking of what to do this year. Over the past six months they have been working on a lecture series in conjunction with "National Transplant Awareness Month". On April 6, 2006 from 7:00 p.m. - 9:00 p.m. in the Civic Theater, the Youth Commission will be sponsoring three speakers lecturing on the becoming a donor, how it's dine, and personal stories. They plan on asking for donations at the door. Mayor Kline suggested finding sponsors. Councilmembers Waltonsmith noted that she was extremely impressed with the Youth Commissioners. Referring to the recent Community Survey, Councilmember King stated that Teen Services was ranked #2. Councilmember King asked what can the Council offer the youth in Saratoga. Chair Baker replied that the Youth Commission would like to see the Warner Hutton House could be renovated and used youth activities. Mayor Kline asked if youth activities were an appropriate use for the house. Chair Baker noted that the Youth Commission has history in the house and it's adequate for small groups. Mayor Kline thanked the Youth Commission for attending tonight joint meeting. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6: I 0 p.m. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Name of case: Jackson v. Saratoga Union High School District et al (Santa Clara County Sup. Court Case No. 1-01-CV-803595) (Gov't Code Section 54956.9(a)) MAYOR'S REPORT ON CLOSED SESSION Mayor Kline reported there was Council discussion but no action was taken. Mayor Kline called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith, Vice Mayor Aileen Kao, Mayor Norman Kline None Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk 2 ABSENT: ALSO PRESENT: Michele Braucht, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 15. 2006 Cathleen Boyer, City Clerk, reported that pursuant to Govemment Code Section 54954.2, the agenda for the meeting of February 15, 2006, was properly posted on February 9, 2005. ORAL COMMUNICATIONS 1:he following person requested to speak at tonight's meeting Warren Lampshire noted that he was the Chairperson for the City's 50th Anniversary Community Parade, which will be held on September 24, 2006. Mr. Lampshire noted that Rotary has committed approximately 75% of the Parade costs, plus volunteer participation from the 123 membership. Mr. Lampshire noted that they have commitments from many organizations including High Schools and Middle School bands, Saratoga Fire Department, Sheriffs Office, Clubs, and private groups. Mr. Lampshire asked for the City's assistance in the following ways: provide liability insurance for parade day, waive all permit requirements and fees, and Public Works staff support of closing off streets. Mayor Kline thanked Mr. Lampshire for the update. Councilmember King asked Mr. Lampshire to invite the City council of the City of Cupertino to participate in the parade. COUNCIL DIRECTION TO STAFF Councihnember King asked if the Council would consider waiving the fees for the parade. Councilmember Streit stated it was already budgeted. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Phillip Baker, Chair/Saratoga Youth Commission thanked the Council for inviting them to participate in ajoint meeting earlier this evening. Chair Baker summarized the past year's events. Chair Baker thanked the City for their ongoing support. Chair Baker stated that the Youth Commission would like to see the Warner Hutton House dedicated to the youth of the City. COUNCIL DIRECTION TO STAFF None 3 ANNOUNCEMENTS None CEREMONIAL ITEMS 1A. PROCLAMATION DECLARING THE WEEK OF MARCH 6-11, 2006 AS "SCIENCE FAIR WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor Kline read the proclamation and presented it to Prema Rao, Board member, Santa Clara Science and Engineering Fair Association. SPECIAL PRESENTATIONS 2A. DOLL Y SANDOVAL, VT A BOARD OF DIRECTORS STAFF RECOMMENDATION: Informational only. Dolly Sandoval noted that she was on the Cupertino City Council. Councilmember Sandoval explained that she was the representative for the area on the Valley Transportation Authority (VT A) Board for the next two years and Mayor Kline was her alternate. Councilmember Sandoval introduced Jim Lawson, Goverruoent Affairs ManagerNT A. Mr. Lawson thanked the Council for inviting him to tonight's meeting. Mr. Lawson provided an overview ofthe VTA as January 2006. Mr. Lawson explained the history behind Measure A, expenditure plan development, annual sales tax projections, new projections by VT A, projections by other cities, VT A scenario with new projections, ands upcoming actions. Mayor Kline thanked Councilmember Sandoval and Mr. Lawson for their presentation. . CONSENT CALENDAR 3A CITY COUNCIL MINUTES - FEBRUARY 1, 2006 STAFF RECOMMENDATION: Approve minutes. STREITIW ALTONSMITH MOVED TO APPROVE MINUTES OF FEBRUARY I. 2006. MOTION PASSED 5-0. 3B. CHECK REGISTER FOR 02/0712006 STAFF RECOMMENDA nON: Approve register. 4 STREIT/W ALTONSMITH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. ,. 3C. TREASURER'S REPORT FOR THE MONTH ENDED DECEMBER 2005 STAFF RECOMMENDATION: Accept and file report. STREIT/W ALTONSMITH MOVED TO ACCERT TREASURERS REPORT FOR THE MONTH ENDED DECEMBER 2005. MOTION PASSED 50-0. 3D. REVISIONS TO THE APPROVED RESOLUTION APPROVING THE ANNEXATION OF LANDS AT 19330 SARATOGA-LOS GATOS ROAD STAFF RECOMMENDATION: Approve revised Resolution approving petition for annexation to the .city of Saratoga aod detachment from the Guadalupe Resource Conservation District. RESOLUTION: 06-009 STREIT/W ALTONSMITH MOVED TO ADOPT REVISED RESOLUTION APPROVING PETITION FOR ANNEXATION TO THE CITY OF SARATOGA AND DETACHMENT FROM THE GUADALUPE RESOURCE CONSERVATION DISTRICT. MOTION PASSED 5-0. 3E. 2006 AERIAL PHOTOGRAPHS - APPRO V AL OF PURCHASE STAFF RECOMMENDATION: 1. Approve the purchase of 2006 digital aerial photographs. 2. Authorize the City Maoager to execute the aerial Agreement between City aod The County of Saota Clara. Vice Mayor Kao requested that item 2E be removed from the Consent Calendar. Referring to page two of the staff report explaining the City share of the costs, Vice Mayor Kao asked what the charge of$I,500 for Delivery & Media entailed. Director Cherbone responded that it's for the delivery and installation of the maps onto the City's system. KAO/WALTONSMITH MOVED TO APPROVE THE PURCHASE OF 2006 DIGITAL AERIAL PHOTOGRAPHS; .AUTHORIZE THE CITY MANAGER TO EXECUTE THE AERIAL AGREEMENT BETWEEN CITY AND THE COUNTY OF SANTA CLARA. MOTION P ASSED5-0. 3F. MOTOR VEHICLE RESOLUTION - VESSING ROAD - NO PARKING SIGN STAFF RECOMMENDATION: Adopt resolution. 5 RESOLUTION: MV-249 . STREIT/W ALTONSMITH MOVED TO ADOPT MOTOR VEHICLE RESOLUTION ADDING A NO PARKING ON VESSING ROAD. MOTION PASSED 5-0. 3G. MOTOR VEHICLE RESOLUTION PROHIBITING PARKING ON PROSPECT ROAD STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: MV-248 STREIT/W ALTONSMITH MOVED TO ADOPT MOTOR VEHICLE RESOLUTION PROHIBITING NO PARKING ON PROSPECT ROAD. MOTION PASSED 5-0. 3H. ANNUAL PUBLISHING OF STATE CONTROLLER REPORT STAFF RECOMMENDATION: Accept the report. STREIT/WALTONSMITH MOVED TO ACCEPT ANNUAL PUBLISHING OF STATE CONTROLLER REPORT. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 4. KEVIN MORAN PARK IMPROVEMENT PROJECT - TIME EXTENSION REQUEST ST AFF RECOMMENDATION: Approve a time extension for submission of Kevin Morao Park design plans from March 1,2006 to March 15,2006. John Cherbone, Public Works Director, presented staffreport. Director Cherbone explained that at the January 4,2006 City Council meeting, Council directed staff to schedule two meetings with the KMP Task Force to develop design plaos for the park. Further direction included a March 1, 2006 due date for submission of ao initial deign to the Council. Director Cherbone explained that some Task Force Members were unavailable during the short window of time available to schedule a meeting. Currently a Task Force meeting has been scheduled for February 27, which has been confirmed by all Task Force members. 6 Director Cherbone explained that in order to have enough time to hold a meeting and prepare design plaos for submission to Council, it is necessary to request a time extension from the original submission date of March 1 st to March 15th. Marty Goldberg, KMP Task Force Member, requested that the Council approve the time extension to March 15th. Mr. Goldberg noted that Task Force would also meet on March 27th. W ALTONSMITH /STREIT MOVED TO EXTEND THE TIME FRAME FOR THE FIRST DESIGN REVIEW TO MARCH 15TH, AND HOLD MEETINGS EVEN IF ONLY ONE STAKEHOLDER FORM EACH GROUP COULD ATTEND. MOTION PASSED 5-0. Consensus of the Council to move item 6 before item 5. NEW BUSINESS 6. SARATOGA VILLAGE BANNERS - DONATION BY SARATOGA VILLAGE DEVELOPMENT COUNCIL (SVDC) STAFF RECOMMENDATION: Approve Village banners designed and donated by SVDC. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that SVDC, a group composed of merchaots and residents interested in the appearaoce aod vitality ofthe Village, recently formed a sub-committee to design and purchase new banners for the Village. Director Cherbone noted that SVDC proposes to purchase both the banners aod the required hardware through their orgaoization. The City's involvement is the initial hardware installation aod periodic chaoge out based on seasonal aod maintenaoce needs. The pole hardware is universal in nature aod could be used for other styles of banners. Director Cherbone noted that the proposal was to install 48 banners one on every other pole along Big basin Way. The poles which wouldn't have banners could be used for seasonal wreaths, flags, aod other decorations that the City places in the Village throughout the year. Director Cherbone noted that it was SVDC'S intention to improve the appearaoce of the Village aod call attention to the historic element of our unique downtown making it more enjoyable for all who visit aod wok there. Marylin Marchetti stated that she was a member of the SVDC. Mrs. Marchetti explained the significance of the banner's design aod added that they were UV protected aod would last up to five years. Mayor Kline thanked the SVDC for the donation of the banners aod noted that they looked great. Mayor Kline asked if the City had a donation policy. 7 Director Cherbone noted that the City would be the caretakers of the banners and they would be registered as a donation from the SVDC. W AL TON SMITH/STREIT MOVED TO ACCEPT VILLAGE BANNERS DESIGNED AND DONATED FOR THE SVDC. MOTION PASSED 5-0. OLD BUSINESS 5. GEOTECHNICAL EVALUATIONS COUNTY ISLANDS: ANNEXATION PROGRAM STAFF RECOMMENDATION: Receive report and provide direction to staffregarding annexation of the following two county areas: 1. Prospect Road Area, 104 acres. 2. Hidden Hill Road Area, 20 acres. John Livingstone, Community Development Director, presented staffreport. Director Livingstone explained that on September 7, 2005 Council reviewed a staff report requesting guidance on the expedited process being encouraged by the Local Agency Formation Commission (LAFCO). At that time the Council asked staff to have a Geotechnical evaluation prepared for two sites that meet the requirements for the expedited process. Director Livingstone reported that a geotechnical evaluation was prepared by the City consultant, Cotton, Shire & Associates, for the Prospect Road area and the Hidden Hill area. The report used a scale of 1-5 to rank the condition of the roadway with the number 1 being a satisfactory condition and number 5 indicating an active landslide. The Hidden Hill area identified in the report as the Southern Urban Pocket received several rankings of 3. Prospect Road area identified as the Northern Urban Pocket received several rankings of 4 indicating recent severe distress. Councilmember Waltonsmith asked ifthere were any private roads in the Hidden View area. Director Livingstone responded that the majority ofthe roads in Hidden Hill are maintained by the County, one short road is a private road. In the Prospect Road and Rolling Hills areas they are currently maintained by the county and the other roads like Blue Hill Drive, Scenic Heights Way, Arrowhead Lane, and a lot of fingers off ofthose street are private. Director Livingstone noted that when you annex, private roads stay private Councilmember Waltonsmith asked that even if the road had a ranking that meant it needed work, it continue to be maintained by the property owner. Director Livingstone responded yes. 8 Councilmember King explained that the County has agreed to bring the roads up to the up to the 70% level but they haven't agreed to fix the roads in bad condition Director Livingstone stated that the City could negotiate individual fixes. Councilmember Streit stated that over the years the Council have talked about annexations but always were cautious because ofroad conditions or the risk of landslides. In his opinion these tow areas look less prone to landslides and if the roads were brought up to standards would it be wdrth annexing and accepting the roads. . Director Livingstone explained that if you take a million dollar home the City would receive about $350 dollars per year in taxes. If you that t the 43 parcels in the proposed annexation areas that would equal about $15,000 per year taxes. Director Livingstone noted that there w,as a major landslide in any of these areas the tax benefit would not cover the damage. Director Cherbone added that any road with a ranking of 3 or 4 the risk is greater. Director Cherbone noted that he is more concerned with Pro~pect road and without more research he would be very cautious on accepting Prospect Road. Mayor Kline asked ifthe County would like us to accept these roads Director Cherbone responded yes. Mayor Kline noted that there's a meeting with the County Board of Supervisor on Feb 28th to discus TEA. Mayor Kline noted that he feels this annexation issue could be tied into this type of negotiations. Mayor Kline noted that after reviewing the photos he feels there isn't enough information to make a decision. Director Cherbone agreed that there's not enough information to make a decision and would agree that a more in depth analysis would need to be done. The following people requested to speak on this item: Jim Brand noted that he lived on Rolling Hills. Mr. Brand noted that his major concern is that today was the first indication he had regarding this item. Mr. Brand requested that ifthe City pursues this process, please include the neighbors. Nancy Carlson noted that she lived on Rolling Hills Road noted that she wanted to be involved in the process. Nora noted that she lived on Rolling Hills and it was her architect told her about his item this morning. Nora requested that the City inform them of the pros and cons of being annexed into the City. Councilmember King asked if notices were sent out. 9 Director Livingstone explained that notices were not sent out. The State has set up a process where there are no protest hearing and the County can just give the land to the cities Council can give direction to staffto send out notices if the Council decided to move forward with the annexation Director Livingstone responded yes. Councilmember Streit stated that he is willing to annex these two areas unless adequate funding can be secured from the County. Councilmember Waltonsmith noted that she concurred with Councilmember Streit. Mayor Kline noted that his position is that he would like to have a g good relationship with the County, but it goes both ways, the County need to treat the City fairly. Mayor Kline noted that the City has recently have been discussing the return of the TEA. Mayor Kline suggested that the City do nothing with this item until TEA is resolved. Mayor Kline added that anything the City could do to help the County should be postponed Councilmember Streit noted that his only concern with that approach is the streamline process is only available to January 2007. Councilmember Streit asked Director Livingstone if the annexation has to be completed by that date or could it be in process. Director Livingstone responded that the annexations need to be completed Mayor Kline requested that this item be postponed for 30 days. Councilmember King stated that she had an interesting conversation with a particular County Supervisor that informed her that the County is going to tighten the planning process to make it match the cities. Councilmember King stated that there is a strong drive at the County level that County pockets match the cities. Councilmember King stated that she also thinks that there would be more knowledge in 60-90 days. Mayor Kline noted he talked to the Mayor of Cupertino and he told him that the City of Cupertino has put all annexations on hold until TEA is resolved. Vie Mayor Kao added Mayor Kline how long would TEA take to be resolved. Mayor Kline said within 30 days. . Consensus ofthe City Council to postponed this item for 30 days. 10 NEW BUSINESS " 7. INTERNAL SINKING FUNDS (DESIGNATED ACCOUNT) FOR CITY OWNED PROPERTY STAFF RECOMMENDATION: Accept report and adopt resolution to direct staffto include in p.ll future lease agreements, of city-owned facilities, a provision that establishes a sinking fund (designated account) that addresses the long-term tnaintenance needs of the facility. The source of funding shall be identified in the lease agreement. RESOLUTION: 06-011 Joan Pisani, recreation Director, presented staff report. Director Pisani explained that the City owns several facilities that are leased to non-profit groups. In recent years the burden of the repair and maintenance of some ofthe buildings has been placed on the City. As lease agreements expire, it has been recommended that the long-term maintenance need,S be addressed in each new agreement. At the time ofre-negotiations, it is recommended that the City identify in the agreement the responsibility and funding mechanism for future facility repair and improvement projects. Director Pisani described the city owned facilities currently being leased by non- profit groups. STREIT/W ALTONSMITH MOVED TO ADOPT RESOLUTION TO ESTABLISH AN INTERNAL SINKING FUND (DESIGNATED ACCOUNT) FOR EACH CITY OWNED FACILITY. MOTION PASSED 5- O. 8. FY 2005-06 MID YEAR BUDGET AMENDMENT STAFF RECOMMENDATION: Accept report and adopt Resolution approving the amendments to the FY 2005-06 Operating Budget and salary schedules. RESOLUTION: 06-010 Michele Braucht, Administrative Services Director, presented staff report. Director Braucht explained the proposed changes to the FY 05-06 budget as follows: . TEA Consultant Services form Council contingency . Staffing Equity/RetentionlCareer Ladder . Assistant Engineer for Management of CIP, STP and PMP Proj ects/ contracts 11 " A discussion took place amongst the Council regarding the TEA Consultant. City Manager Anderson noted that the contract would come before Council for approval at the ,March 1, 2006 agenda. KING/W ALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE FY 05-06 OPERATING BUDGET. MOTION PASSED 5-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Norman Kline reported the following information: Librarv Joint Powers Association - awarded the County Library $500,000. Hakone Foundation - owes the City a Master Plan. Santa Clara Countv Emergencv Preparedness Council- ;trictly advisory. Vallev Transportation Authoritv PAC - looking a quarter cent sales tax inqease. . Vice Mayor Aileen Kao reported the following information: Countv Cities Association Legislative Task Force - joint meeting focused on Emergency Preparedness. Countv HCD Policv Committee - would review grant applicatio,n tomorrow afternoon. Councilmember Nick Streit reported the following information: Santa Clara Countv Vallev Water Commission - noted that in 2009 the make up of the Board could change from 5 elected and 2 appointed to 7 appointed members. West Vallev Solid Waste Joint Powers Association - by March 2, 2006 a signed contract with WVCR for the solid waste and recycling services for the JP A should be completed. West Vallev Sanitation District ~ approved sale of capacity for $7 million dollars to the City of Milpitas. The funds have been restricted for CIP projects only. Councilmember Ann Waltonsmith reported the following information: Northern Central Flood Control Zone Advisorv Board - two important issues; 1) Water Resource Protection Ordinance, 2) Water District and County are pursing dissolving the County's role in approving the District's budget. Saratoga Historic Foundation - new exhibit focusing on the about the 1906 earthquake in Saratoga. Sister Citv Liaison -has asked for help teaching the English language to their students. Several retired Saratoga teachers have offered to help. Councilmember KatWeen King reported the following information: Peninsula Division. League of California Cities - two SB1234 Ethics training sessions are being offered to elected and appointed officials. The dates are March 26 and April 6. SCC Cities Association-Joint Economic Development Policy Committee (JEDPC) Village AdHoc - on February 14th took a field trip to the City of Pleasant on's downtown area and noted that they have BID and a Business Association. 12 CITY COUNCIL ITEMS Councilmember Waltonsmith asked when the tree in the Village would be pruned. City Clerk Boyer stated that a report would be brought back to Council on March 1, 2006. CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Kline adjourned the meeting at 9:30 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 13 SARATOGA CITY COIJNCIL MEETING DATE: 03/01/2006 AGENDA ITEM: ~ /2...;:/ ~/ r- . CITY MANAGER: DEPTHEAD~~ _- ,H_ MiM,B~ ORIGINATING DEPT: Admin. Svcs. PREPARED BY: LVi Usha Dhulipala SUBJECT: Check Register for 02/21/2006 RECOMMENDED ACTION: That the City Council accepts the Check Register for 02/21/2006. REPORT SUMMARY: ,,--.. Attached is the Check Register for 02/21/2006. The checks were released pn 02/22/2006. Payroll checks were released on 02/02/2006. Starting Ending Total Type of Checks Date Checks # Check # Checks Amount Account Payable 02/21/06 101432 101567 136 $561,450.89 Payroll 02/02/06 31442 31465 24 $112,021.44 Manual Check 2/14/2006 101431 1 $2,200.50 TOTAL $675,672.83 The prior Check Register for 02/07/2006 ended with check number 101430. Check #102240 and was voided for $20.80 because of duplicate payment. Ck #101344 was voided because of incorrect dollar amount. Check #101431 was issued manually for $2,200.50 to Ungo-Debra- McCormick due to time sensitivity.' r Following is a list of checks issued for more than $10,000.00, and a brief description of the -I expenditures. Check # Issued to Fund Dept Purpose Amount 101459 Comp shared risk Pool Various Various Qtr3-Worker's Comp $10,029.92 101461 County of SantaClara General 2015 Booking Fee FY 06 $11,463.50 101464 County of SantaClara General 2015 Sherriff-Feb Service $262,892.88 101514 Matt Novakovich General 3030 Heritage Orchard Maintainence $71,454.05 101518 PG&E Various Various Monthly Payment-January $12,843.77 lQl531 Robert A Bothman Capital 0203 Hakone Gardens $10,552.50 10 1546 Shute,Mihaly& Weinberg Various Various Legal Services-December $21,306.82 ~ .....) "' Fund * Fund Description AlP Total PR Total Total 001 General 457,000.24 20,069.92 477,070.16 150 Streets & Roads 17,053.86 15,239.76 32,293.62 201 Manor Dr. LLD 160.00 160.00 202 Fredericksburge LLD 291.21 , 291.21 203 Greenbriar LLD 538.03 538.03 204 Quito LLD 1,167.76 1,167.76 205 AzuleLLD 477.50 477.50 206 SaraHillsLLD 301.95 301.95 207 VillageLLD 635.45 635.45 209 McCartyVille LLD 409.09 ,:\09.09 210 TriciaWoods LLD 116.10 116.10 211 Arroyo De Sara LLD 149.52 149.52 212 Leutar Court LLD 126.41 126.41 215 Bonnert WayLLD 667.13 667.13 216 Beauchamps LLD 126.06 , 126.06 217 Sunland Park LLD 340.00 340.00 222 Prides Crossing LLD 620.83 620.83 224 Village Comm LLD 2,190.56 2,190.56 225 Saratoga Legends LLD 255.00 255.00 226 Bellgrove LLD 2,265.02 2,265.02 227 Cnnghm/Glasgow LLD 261.82 261.82 228 Kerwin Ranch LLD 340.00 340.00 229 Tollgate LLD 216.3 8 216.38 231 Horseshoe LLD 328.52 328.52 232 Gateway LLD 179.07 179.07 250 Development Services 30,165.25 50,575.41 80,740.66 260 Environmental Services 3,143.25 4,753.20 7,896.45 270 CDBG-Federal Grants 6,114.00 6,114.00 290 Recreation 8,120.86 17,534.87 25,655.73 291 Teen Services 1,805.72 2,685.66 4,491.38 351 Public Safety 10,552.50 10,552.50 352 Infrastructures 200.00 1,162.62 1,362.62 420 Leonard Road Fund 1,500.00 1,500.00 502 Infonnation Technology 4,230.44 4,230.44 701 Traffic Calming 6,303.86 6,303.86 742 City Entrance Sign/Monwnen 433.00 433.00 800 Deposit Agency Fund 4,865.00 4,865.00 TOTAL $563,651.39 $112,021.44 $675,672.83 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Register in the Expenditure Approval List format. 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U ~ N o U " ,m ~ ~ " m m o H ~ ~ H U < ~ . u ~ ~ ~ ~ < " o " " o o Z ~ > o o o o o ~ N rl ~ N M M rl ~ o ~ o rl rl o o o o o o o m N ~ o o N , o o , N o ~ o . 0 UN Z' H~ N ., mN ~O ~ <0 mO o o e u H " ~ m H O~ ~ ". O. "0 <0 , > U " " Z o , " 8 OM ~M . ". ~O ~O " " " m ~ o 00 ON CO o ~ 00 o o o rl N ~;;: ~rl 00 00 00 " M rl 0 ~ U; "' W H 0 ~ p ~ Z < " 0001795 TLC ADMINISTRATORS INC. 27947 004448 00 02/15/2006 001- 1045 - 513.57 -01 HR02KC *MIN FEE FLEX AC 0002239 MET ENTERPRISES, INC. 18691 004702 00 03/02/2006 0001593 TONY LEM 2015232442 PREPARED 02/21/2006, 13:38:01 00 EXPENDITURE APPROVAL LIST PAGE 14 PROGRAM: GM339L 00 AS OF: 03/06/2006 CHECK DATE: 02/21/2006 CITY OF SARATOGA 02/27/2006 - - - - -' __ ________________________ VEND NO VENDOR NAME _______ 02/16/2006 INVOICE VOUCHER P.O. BNK CHECK /DUE ACCOUNT ITEM EXPENDITURE HAND - ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001795 TLC ADMINISTRATORS INC. 27947 004448 00 02/15/2006 001- 1045 - 513.57 -01 HR02KC *MIN FEE FLEX AC 0002239 MET ENTERPRISES, INC. 18691 004702 00 03/02/2006 0001593 TONY LEM 2015232442 TL2 004391 00 02/09/2006 020606 004434 00 03/06/2006 0000411 U SAVE ROCKERY 02/27/2006 2015232442E 87440A 004715 00 02/16/2006 0002758 UHL, MICHAEL 02/27/2006 2015232442G MARCH 2006 000107 00 03/01/2006 0003116 UNGO- MCCORMICK, DEBORAH 00 11 -05-27 004889 00 02/21/2006 11 -05 -27 B 004891 00 02/21/2006 11 -05 -27 A 004890 00 02/21/2006 0002682 VALLEY CREST LANDSCAPE 2837752 004397 22122 00 02/12/2006 2845944 004714 22122 00 02/23/2006 0000005 VALLEY WOMEN'S LEAGUE 64957 004460 00 02/09/2006 0000179 VERIZON WIRELESS 2015232442 004808 00 02/27/2006 2015232442A 004809 00 02/27/2006 2015232442H 004816 00 02/27/2006 2015232442E 004013 00 02/27/2006 2015232442E 004814 00 02/27/2006 2015232442G 004815 00 02/27/2006 2015232442D 004812 00 02/27/2006 20152324420 004011 00 02/27/2006 2015232442B 004810 00 02/27/2006 0001825 WALTONSMITH, ANN MARCH 2006 000047 00 03/01/2006 VENDOR TOTAL - 001 - 3030 - 532.35 -22 PK01UD•CNGRS SPR -BBAL MIX VENDOR TOTAL - 001- 1060 - 513.32 -51 FM02UD•FLAGS 001- 1060 - 513.52 -44 FM02KC *FLAGPOLE MTC VENDOR TOTAL 001- 3005 - 532.35 -22 ST01UD•FILL SAND -TAX VENDOR TOTAL • 001 - 1015 - 511.20 -OS Monthly stipend VENDOR TOTAL * 250- 4010 - 542.55 -36 ZA12JI *CONTRCT PLAN SVC 250- 4010 - 444.34 -00 ZA12JI•CONTRCT PLAN SVC 000 -0000- 260.60 -00 ZA1201•CONTRCT PLAN SVC VENDOR TOTAL * 001- 3005 - 532.54 -32 ST01UD *TREE RMVL -SARA AV 001- 3005 - 532.54 -32 ST02UD *TREE PRUNING VENDOR TOTAL 290 -0000- 260.00 -00 RCO2KC•RNTL DER REFUND VENDOR TOTAL * 001 - 1020 - 511.41 -03 MG01UD *CITY MANAGER -JAN 001 - 1050 - 513.41 -03 GS01UD *GENERAL SERVS -SAN 001- 1060 - 513.57 -91 FM01UD *RUC- FACILITIES -JAN 001 - 3005 - 532.41 -03 ST01UD *PW- STREETS -JAN 001- 3030 - 532.41 -03 PKOIUD *PW -PARKS -SAN 001- 3035- 532.41 -03 EG01UD•PW- ENGINEERING -SAN 250- 2010 - 522.41 -03 CFOIUD *CODE ENFRCMNT -JAN 250 - 4010 - 542.41 -03 ZA01UD *COMM DVLPMNT -JAN 250 - 4015 - 542.41 -03 ZAOIUD•CDD INSPECTORS -JAN VENDOR TOTAL 001- 1005 - 511.20 -04 Monthly stipend 175.00 175.00 570.21 570.21 200.37 690.50 890.87 36.30 36.30 150.00 150.00 2,852.50 4,200.00- 4,200.00 2,852.50 2,300.00 1,960.00 4,260.00 100.00 100.00 196.91 217.83 180.43 125.91 228.88 172.51 50.82 66.71 107.64 1,427.04 250.00 m rl 0 mm w .. 0 " 00 w " om H rl. ~ ~ 0 rl ~ ~ m " m SARATOGA CITY COUNCIL r MEETING DATE: March 1,2006 AGENDA ITEM: \~ o ..:7 ~/_ PREPARED BY: CITY MANAGER: DEPT HEAD: Dave ~derson, City Manager SUBJECT: Resolution In support of Measure to Secure Local Transportation Funds RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: Attached is a resolution (Attachment I) to pass in support of the Prop 42 fix. The resolution, as worded, has been approved by the League of California Cities legal team. , r-- In 2002, nearly 70% of California voters overwhelmingly passed Proposition 42 - dedicating the existing state sales tax on gasoline to fund transportation projects like congestion q:lief, road repairs, transit, and safety improvements. However, Prop. 42 included a provision that allowed the legislature and Governor to divert funds to non-transportation expenses. That provision was only intended to be used during fiscal emergencies. Unfortunately, that "Prop. 42 loophole" has been abused repeatedly and the will of the voters is not being upheld. The "Fact Sheet" (Attachment 2) explains the proposition in a one page summery. The proposed resolution states that the City Council of the City of Saratoga supports a constitutional amendment to ensure that Proposition 42 revenues are used exclusively for state and local transportation projects, and that revenues previously used to offset non-transportation purposes be reimbursed. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: r- Council can choose not to support the resolution. FOLLOW UP ACTION: L SeI).d a certified copy of the resolution to Rebecca Elliot, Regional Representative, P.O. Box 54216, San Jose, CA 95154-4216. ....I ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Resolution Attachment B - Fact Sheet ..."I ..."I RESOLUTION NO 06- RESOLUTION OF THE CITY OF'SARATOGA IN SUPPORT OF MEASURE TO SECURE LOCAL TRANSPORTATION FUNDING WHEREAS, the City of Saratoga engages in periodic capital improvement assessments and planning relating to the condition of its transportation infrastructure; and WHEREAS, the City is concerned that it is not able to maintain its transportation infrastructure consistent with public works best practices because of limited funding availability; and WHEREAS, constraints on the City's ability to fully fund local transportation infrastructure projects adversely affect residents, visitors, and businesses within the City; and ' WHEREAS, the City had anticipated receiving monies for this purpose as the result of Proposition 42, approved by the state's voters in March 2002, which dedicated the state sales tax paid on gasoline to state and local transportation infrastructure projects and programs; and WHEREAS, Proposition 42 contains a provision that allows the state to transfer the sales tax on gasoline to non-transportation state purposes during times of fiscal need; and WHEREAS, as a result, some $2.5 billion in Proposition 42 monies has been spent over the past three years for non-transportation purposes; and WHEREAS, a measure is being circulated to qualify a constitutional amendment for the November 2006 ballot that would ensure that future revenues raised by Proposition 42 are dedicated to state and local transportation projects only; and WHEREAS, the measure also requires the state to reimburse the $2.5 billion in funds previously spent on non-transportation expenses to be repaid in 10 years; and WHEREAS, ensuring that Proposition 42 revenues are used solely for transportation projects, along with the reimbursement of prior revenues, will greatly assist the City of Saratoga in meeting its street maintenance obligations to the benefits of its residents, visitors, and businesses. THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga supports a constitutional amendment to ensure that Proposition 42 revenues are used exclusively for state and local transportation projects, and that revenues previously used to offset non-transportation purposes be reimbursed. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the I st day of March 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk Close the Prop. 42 Loophole. Restore Accountability to the Voters. Improve Traffic Now. Constitutional Amendment Would Ensure Once and For All that the Sales Taxes We Pay at the Pump Go to Fund Vital Transportation Improvements. The Problem: . In 2002, nearly 70% of California voters overwhelmingly passed Proposition 42 - dedicating the existing state sales tax on gasoline to fund transportation projects like congestion relief, road repairs, transit and safety improvements. . However, Prop. 42 includes a provision that allows the legislature and Governor to divert funds to non-transportation expenses. That provision was only intended to be used during fiscal emergencIes. . Unfortunately, that "Prop. 42 loophole" has been abu'sed repeatedly and the will of the voters is not being upheld. o Two out of the last three budget years, the sales tax on gasoline has been diverted to fund non-transportation state expenditures in the State General Fund. Nearly $2.5 billion in these gas taxes has been diverted to non-transportation expenses since 2002. o As a result, state and local agencies have had to delay or stop many critical safety improvements, congestion relief projects, road repairs and o~her pressing transportation needs. o Our roads are crumbling, our highways remain congested, and the most hazardous conidors and intersections are not being improved. In fact, California has the worst roads in the nation, according to a recent report by the Road Information Program. Three out of 10 ofthe state's overpasses and bridges are structurally deficient or functionally obsolete. And approximately half - 49 percent - of California's urban freeways are considered congested . This transportation crisis is threatening our economy and the safety and quality of life of every Californian. The Solution: . A broad-based coalition of business, labor, local government, and community leaders is collecting signatures to qualifY a constitutional amendment for the November 2006 ballot. . Ifpassed, this measure would close the Prop. 42 loophole, uphold the will of voters, and ensure once and for all that the sales taxes paid at the pump are used for transportation improvements. ,/ This measure would prevent the Governor and Legislature from diverting the sales taxes on gasoline to non-transportation expenses. ,/ The measure also requires the State to reimburse the $2.5 billion in funds previously diverted. It responsibly allows 10 years for repayment to avoid any immediate fiscal impact. . By closing the Prop. 42 loophole, this measure would finally provide a stable funding source for state and local agencies responsible for transportation improvements, and allow them to: ,/ Fix the most hazardous intersections and unsafe highways in California. ,/ Relieve traffic congestion through freeway widening, road repairs, transit projects, and intersection improvements. ,/ Repair crumbling roads, fill potholes, and improve older roads, overpasses and bridges. , r SARATOGA CITY COUNCIL MEETING DATE: March 1,2006 AGENDA ITEM: \D tJ J c::;Y PREPARED BY: Dave Anderson CITY MANAGER: DEFT HEAD: ORIGINATING DEPT: SUBJECT: Contract for Consulting Services with Grllg Sellers RECOMMENDED ACTION(S): Authorize Mayor to sign contract with Greg Sellers for consulting services. REPORT SUMMARY: r--- On May 18, 2005, City Council passed a resolution authorizing an effort to purSue full recovery of the TAX Equity Allocation (TEA funds). The Council also authorized Mayor Norman Kline to act in concert with representatives from the three other 'affected cities to develop an overall strategy and approach regarding this issue. After much discussion, the four cities felt it was necessary to hire a political consultant to represent their interests with the Santa Clara County Board of Supervisors. The approval of the Board of Supervisors is a prerequisite for introducing State Legislation to correct the TEA problem. Greg Sellers was selected as the consultant and was hired under a three-month contract by the city managers of the four affected cities. Phase I of his contract was to facilitate the issue locally between the cities and the Board of Supervisors. Phase II of the contract is intended to provide support for passage of State Legislation. ABI17 was introduced as a place holder in January and will move forward for hearings if the Board of Supervisors support the TEA Reform Proposal put forth on its February 28, 2006 agenda. The outcome of that hearing was not known at the time the staff report was drafted. This item was placed on the agenda in hopes of a successful outcome so that action at the state leveI could proceed as soon as possible. r- The Scope of Work for Phase II of the contract is as follows: . Conftrming the support of the County and coordinating with them in the development and passage oflegislation; . Development and implementation of an effective legislative strategy to ensure AB 117 is passed by more than 2/3rds of the Legislature and signed by the Governor; . . Expansion of a grass roots element that will develop community support and generate positive publicity for the TEA proposal. -J FISCAL IMPACTS: The compensation for the consultant is not to exceed $4,000 per month, and not to exceed $32,000 in total; the consultant costs are shared between four cities and prorated on the proportional benefit derived by each city. Saratoga's share is 30% of the total fee; therefore, Saratoga's monthly fee will be $1,190 with a total cap of $7,616. In addition, in recognition of the lower rate charged by the consultant for services described by Exhibit A and as an incentive for an effective perforrnance the consultant shall be paid a success fee of$50,000 if the legislation restoring the TEA becornes effective during the term of the agreernent. Each city will pay its share of the fee in proportion to the benefit, within 45 days of the date on which each city receives its first payment of funds pursuant to new legislation. In Saratoga's case the amount would be $15,000 to be paid from new funds generated by TEA legislation. Funds have been allocated for this project in Resolution 06-010 adopted on February 15,2006. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): -J A consultant services would not be available for the four cities to facilitate the passage oflegislation restoring the TEA revenues. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Authorize Mayor to sign contract with consultant. ADVERTISING, NOTICING AND PUBLIC CONTACT: By posting the Council Agenda, mailing it to subscribers and its placement on the City website. ATTACHMENTS: Attachment A - First Amended Agreement for Professional Services -I FIRST AMENDED AGREEMENT FOR PROFESSIONAL SERVICES This First Amended Agreement for Professional Services ("Agreement") is made and entered into effective March I, 2006, by and between the City of Cupertino, Town of Los Altos Hills, City of Monte Sereno and City of Saratoga, municipal corporations, hereinafter referred to as "CITIES", and Greg Sellers, hereinafterreferred to as "CONSULTANT". This Agreement amends and replaces in its entirety the Agreement between CITIES and CONSULTANT entered into November 9,2005. RECITALS A. CITIES desire to retain CONSULTANT for certain professional services as set forth in this Agreement. B. CONSULTANT is specially trained, experienced and competent to perform the special services which will be required by this Agreement. C. CONSULTANT possesses the skill, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, CITIES and CONSULTANT agree as follows: AGREEMENT 1. Employment of CONSULTANT: CITIES agree to, and hereby do, retain and employ CONSULTANT to perform the professional services as outlined in the Scope of Work attached hereto and incorporated herein as Exhibit "A". CONSULTANT'S work product shall be performed pursuant to generally accepted standards of practice in effect at the time of performance. 2. Responsible Personnel: CITIES have relied upon the professional training and ability of CONSULTANT to perform the services hereunder as a material inducement to enter into this Agreement. The primary personnel responsible for the completion of the work described in this Agreement shall be Greg Sellers. 3. Scope of Work: CONSULTANT shall perform the services as specified in Exhibit A in a professional manner. 4. Term: The services of CONSULTANT are to commence effective March I, 2006 and shall continue until the earlier of (i) October 31, 2006, (ii) the date that the legislation that is described in Exhibit A is signed by the Governor or allowed to become law without the Page 1 of 5 ,. Governor's signature, or (iii) at the close of the 2005-2006 Legislative Session ifthe legislation described in Exhibit A has not been adopted by the Legislature. Time is of the essence in the performance ofthis Agreement. No waiver by either party hereto ofthe nonperformance or any breach of any term, provision, or condition of this Agreement, or any default hereunder shall be considered to be or operate as a waiver of any subsequent nonperformance, breach or default and no waiver by any party shall be attributable to any other party. 5. Compensation: CONSULTANT shall accept compensation for services performed as set forth in Section 3 in an amount not to exceed $4,000 per month. The total amount paid shall not exceed $32,000 except as described below. Each City/Town shall be responsible for a share of the monthly cost as follows: Citv Cupertino Saratoga Los Altos Hills Monte Sereno Percentage Share 53% 30% 10% 8% Monthlv Amount $2,111 $1,190 $ 389 $ 310 In addition, in reflection ofthe low rate charged by consultant for the services described in Exhibit A and as an incentive for effective performance, CONSULT ANT shall be paid a success fee of$50,000 if the legislation described in Exhibit A becomes law during the term ofthis Agreement. Each City/Town shall pay its share of the success fee in the percentage shown above within 45 days of the date on which the City/Town receives its first payment of funds pursuant to the legislation described in Exhibit A. No City/Town shall be responsible for the monthly payment share or success fee share of any other City/Town. Periodic payments to CONSULTANT shall be made upon submittal of invoices by CONSULTANT to each City/Town for review and approval by the City Manager. Invoices will be paid by CITIES within a reasonable time after the invoices are received and approved. 6. Indemnity: CONSULT ANT shall hold harmless, indemnify and defend CITIES and each ofthem, their elective and appointive boards, commissions, officers, agents, servants, volunteers, and employees from and against any and all claims, costs, damages, liability, losses, or suits (including court costs and attorney fees) for personal injury (including death), property damage and any other damages of any sort whatsoever, arising out of, or alleged to have arisen out of, the willful or negligent acts, errors, or omissions of CONSULTANT or CONSULTANT'S contractors, subcontractors, agents, or employees in the performance of this Agreement. This indemnity shall not apply to any claims brought by CONSULTANT for default of this Agreement, or for claims brought by CITIES or any of them or any third party where the underlying injury or damage is finally determined by a court of competent jurisdiction to arise solely from the negligent or willful misconduct of CITIES or any of them. 7. Termination: This Agreement may be terminated by the CITIES immediately for cause or by either party without cause upon fifteen days' written notice of termination. Upon Page 2 of 5 " termination, CONSULTANT shall be entitled to compensation for the portion of the month in which the termination occurs prior to the date oftermination (e.g., if termination become effective on the 15th day ofa month with 30 days, CONSULTANT shall be entitled to one halfthe monthly compensation). In the event oftermination, CONSULTANT shall deliver or otherwise make available to CITIES, all research data reports, estimates, summaries, and other such information and materials as may have been accumulated by CONSULTANT in performing'this Agreement, whether completed or in process in accordance with Section 8 of this Agreement. 8. Documents: All plans, studies, documents, charts, computations, and electronic files prepared by and for CONSULTANT, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and- internal documents, shall become the property of the CITIES upon final payment to CONSULTANT for such work, and the CITIES shall have the sole right to use such materials in its discretion without further compensation to CONSULTANT or to any other party. CONSULTANT shall, at CONSULTANT'S expense, provide such reports, plans, studies, documents and other writings to CITIES upon written request upon expiration or termination of this Agreement. 9. Independent Contractor: CONTRACTOR is an independent contractor retained by CITIES to perform the work described herein. All personnel employed by CONSULTANT are not and shall not be deemed to be employees of CITIES. CONSULTANT shall obtain no rights to retirement benefits, workers compensation benefits or other benefits that accrue to CITIES' employees, and CONSULTANT hereby expressly waives any claim it may have to such rights. CONSULTANT shall comply with all state and federal laws pertaining to employment and compensation of its employees and its agents, including the provision of Workers' Compensation. 10. Licenses: CONSULTANT represents and warrants to CITIES that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of CONSULTANT to practice its profession. CONSULTANT represents and warrants to CITIES that CONSULTANT shall, at its sole cost and expense, keep in effect or obtain at all times during the term ofthis Agreement, any licenses, permits, insurance and approvals which are legally required of CONSULTANT to practice its profession. II. Assignment: The parties recognize that a substantial inducement to CITIES for entering into this Agreement is the professional reputation, experience and competence of CONSULTANT. Assignments of any or all rights, duties or obligations of the CONSULT ANT under this Agreement will be permitted only with the express consent of the CITIES. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITIES. Ifthe CITIES consent to such subcontract, CONSULTANT shall be fully responsible to CITIES for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between CITIES and subcontractor nor shall it create any obligation on the part ofthe CITIES to payor to see to the payment of any monies due to any such contractor other than as otherwise required by law. page3 of 5 12. Binding on Successors: This Agreement is binding on the heirs, successors and assi!,'lls of the parties hereto. 13. Amendment: This Agreement may be amended, modified or changed by the parties, provided that said Agreement, modification or change is in writing and approved by the authorized representative of the parties. 14. Applicable Law and Attorney's Fees: This Agreement shall be construed and enforced in accordance with the laws of the State of California, and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Santa Clara. Should any legal action be brought by a party for breach ofthis Agreement or to enforce any provision of the Agreement, the prevailing party of such action shall be entitled to recover its reasonable litigation expenses, including attorney fees. 15. Entire Agreement: This Agreement contains the entire understanding between the parties with respect to the subject matter herein. . There are no representations, agreements or understandings, whether oral or written, between or among the parties relating to the subject matter ofthis Agreement which are not fully expressed herein. The drafting and negotiation ofthis Agreement have been participated in by each of the parties and/or their counsel, and for all purposes this Agreement shall be deemed to have been drafted jointly by all parties. 16. Waiver: Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. 17. Severability: If any term or portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. WITNESS WHEREOF this Agreement is executed by CITIES and by CONSULTANT as set forth below. . CONSULTANT: Greg Sellers CITIES: TOWN OF LOS ALTOS HILLS By: Greg Sellers, Sellers Associates By: Breene Kerr, Mayor CITIES: CITIES: Page 4 of5 CITY OF CUPERTINO By: Richard Lowenthal, Mayor CITIES: CITY OF SARATOGA By: Norman Kline, Mayor PageS of 5 " CITY OF MONTE SERENO By: Mark Brodsky, Mayor Exhibit A PHASE II - SCOPE OF WORK . Confirming the support of the County and coordinating with them in the development and passage oflegislation; . Development and implementation of an effective legislative strategy to ensure ABll7 is passed by more than 2/3rds of the Legislature and signed by the Governor; . Expansion of a grass roots element that will develop community support and generate positive publicity for the TEA proposal. l , SARATOGA CITY COUNCIL _ 1 ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: te.)<Q ~ DEPT HEAD: Cathleen Bover. City CI . \i:: GJJ~ . r MEETING DATE: March 1,2006 AGENDA ITEM: . SUBJECT: Tax Equity Allocation (TEA) Recovery Adaoc Committee RECOMMENDED ACTION: Adopt resolution forming a Tax Equity Allocation (TEA) Committee. REPORT SUMMARY: At the May 18,2005 City Council meeting Councilmember Kline was authorized to pursue an effort with the three other low/no tax cities, Cupertino, Los Altos Hills, and Monte Sereno, to pursue full recovery of TEA funds. r' On November 9, 2005, the four cities entered into a professional serVice contract with Greg Sellers to provide a strategy for approaching the County, develop an effective legislative component, and develop grass roots element that will develop community support. The next step to this process goes before th4e County Board of Supervisor on February 28, 2006. 'If approved at the County level AB 117 will move to the State Legislature. In the past Council has use the tool of forming adhoc committees to work on special projects like the KMP AdHoc, City/School AdHoc, etc. Mayor Kline and Councilmember King have both expressed interested the TEA recovery project and have volunteered to serve on this adhoc committee. If authorized they will work with the three. other affected cities and the consultant to facilitate the passage of AB 117 by the State legislature. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A r FOLLOW UP ACTION: Add TEA Recovery AdHoc Committee to the City Council AdHoc/Committee Report section on the regular agendas. " " ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A -' ATTACHMENTS: Attachment A - Resolution ....,) -J RESOLUTION NO 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO FORM A TAX EQUITY RECOVERY (TEA) ADHOC COMMITTEE WHEREAS, Tax Equity Allocation (TEAA) legislation was passed in the late 1980's to provide relief for smaller cities which historically taxed their citizens at a lower rate. These cities were called "low/no tax cities; and WHEREAS, in Santa Clara County, low/no tax cities are: Saratoga, Cupertino, Los Altos Hill, and Monte Sereno are TEA cities; and WHEREAS, due to an amendment which limited the four low/no tax cities in Santa Clara to 55% of what other low/no tax cities in the state received. Because ofthis and the increased financial stress the four cities are under, it is now time to rectify this inequity and allow low/no tax cities in Santa Clara County to participate in TEA as the same context as other quailed cities in the state; and WHEREAS, Saratoga, Cupertino, Los Altos Hill, and Monte Sereno recently entered into a professional services contract with Greg Sellers to provide support for passage of State Legislation. AB 117 was introduced as a place holder in January and will move forward for hearings if the Board of Supervisors support TEA Reform Proposal on February 28,2006; and WHEREAS, because of the importance of this issue to the City the formation of a Tax Equity Recovery (TEA) AdHoc Committee has been deemed necessary and Council hereby appoints Mayor Norman Kline and Councilmember Kathleen King to serve on this committee. PASSED AND ADOPTED by the City Council ofthe City of Saratoga, State of California, on this 151 day of March 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer CMC, City Clerk r SARATOGA CITY COUNCIL I DEPT HEAD: MEETING DATE: March 1,2006 AGENDA ITEM: CITY MANAGER: ORIGINATING DEPT: Public Work PREPARED BY: ~ Iveta Harvancik, Assoc. Enginee n Cherbone, PW Director SUBJECT: Final map approval for two lots located at f9330 Saratoga-Los Gatos Road. ' Owner: Spitts RECOMMENDED ACTION(S): 1. Move to adopt Resolution granting final map approval of tentative map application No. 05- 122 for two lots located at 19330 Saratoga-Los Gatos Road. r REPORT SUMMARY: Attached is Resolution, which, if adopted, will grant final map approval for two lots located at 19330 Saratoga-Los Gatos Road (APN 510-06-006). I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the . approved tentative map, as contained in Planning Commission Resolution No. 05-045, have been completed or will be completed concurrent with development of the two lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions oflaw have be,en complied with. 4. The final map is technically correct. r- Consequently, the City Surveyor's certificate has been executed on the final map and the final map has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. . FISCAL IMPACTS: The subdivider has paid $9,240.50 in Engineering Fees and $20,700 in Park Development Fees. -I CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The fmal map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with fmdings as to why the map was rejected. ALTERNATIVE ACTION(S): , None in addition to the above. FOLLOW UP ACTION(S): The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. ADVERTISING, NOTICING AND PUBLIC CONTACT: .....) Nothing additional. ATTACHMENTS: 1. Site Map. 2. Parcel Map. 3. Resolution granting final map approval. , 4. Planning Commission Resolution No. 05-045 approving the tentative map with conditions. .....I SITE MA~ Application Number: 05-122 Location: 19330 Saratoga-Los Gatos Road APN: 510-06-006 Owner: Steve and Diane Spitts Date: March 1, 2006 ,UNlt WAY-. ~\'\~~ ~j)-\\" 0:: o <(;.S-<" v~ <:( ,5 Attachment 1 s~~ :.<f /"0 Q '-<Ix Os G~h Os 1i>0~D ~~ 0~- ~\) S"'lt, l\tiS-~ o 125 250 500 750 s ~. v~ 1,000 Feet ~. V $- f<.,S 0~ ~ :-J" ~~ ~ 0":::> <Q N W+E S ~ Cl. <C 2 ZOO 0'" f=:r: ,-,if) wZ (/) s: <[," LL 0:2: <..::I . 01-00<( ~ ~i ~~:::; !- Z .O::---Iz (/) 0)- <(uO::: w>-tn OLL !-.14 (/) o~ u~ol1) u.. -3<{ 0 o~cr:W>-WO 1- If-!- C\l Z(/):il-z~o:: Q <(I- z=>(/)W I-W::>:r:O CD cr IO 1-0 :::!: ol--U)- w 0... ~ ~ C:l ""z 0 <:>0 zz ill"" CD au ~z ......J W U et:: <C ,Cl. "~tJ" '. lr~ I:; ~ ~~ Z t ~ a~ ~ Z m~ ic;i6 ... !tU e"U ,..0 ~_~* g "'~ o'i... 1::'<>. ~aD .. 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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF APPLICATION NO. 05-122 19330 SARATOGA-LOS GATOS ROAD The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Two lots as shown on that certain Parcel M.ap prepared by Westfall Engineer~, Inc., dated December 2005, and filed with the City Clerk of the City of Saratoga on March I, 2006, are 'approved as TWO (2) individual lots. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. ' The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of March, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk Attachment 4 " ApPROVAL OF RESOLUTION No. 05-045 Application No. 05-122 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Steve and Diane Spitts, 19330 Saratoga-Aos Gatos Road WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Tentative Parcel Map approval to subdivide one existing parcel into two parcels with a remainder parcel, set forth in file no. 05-122; and WHEREAS, this Advisory Agency hereby fmds that the proposed subdivision, together with the provisions for its design, and improvement is consistent with the objectives, policies and general land use and programs specific in such General Plan reference the staff report for further particulars; WHEREAS, the Planning Commission, has conducted a duly noticed public hearing on October 26, 2005 at which time all interested parties were given a full opportunity to be heard and present evidenc.; and WHEREAS, The Planning Commission shall not approve any tentative map or building site if it makes any of the nine findings listed in Municipal Code Section 14-20.070(b). The findings were not supported based' on the following evidence. (1) That the proposed map is not consistent with the General Plan and any applicable specific plans. The proposed parcels are consistent with the General Plan designation of Residential Low Very Density (RVLD) defined as 1.09 dwelling units per acre. The proposed parcels meet and exceed the minimum lot size required by the municipal code. Each proposed parcel will be in excess of the 40,000 square foot minimum prescribed by the zoning ordinance for parcels in the vicinity. Proposed lot dimensions including width, depth and frontage meet or exceed the minimums required by the municipal code. (2) That the design or improvement of the proposed subdivision is not consistent with the General Plan and any applicable specific plan. The design or improvement of the proposed subdivision is consistent with the General Plan. The proposed parcels sizes, configuration, access and building envelopes are consistent with the code and are compatible with the existing density in the project vicinity. The proposed building envelopes are ample to accommodate a single-family residence. Building envelopes provided on the proposed tentative map indicate required setbacks can be provided to meet the development regulations. Design review approval shall be required, as applicable in the municipal code, for a new single-family residence. At the time an application to construct a single-family residence on the proposed parcels is filed with the planning department the mass, bulk, view, privacy and compatibility issues of the proposed residence with the existing neighborhood and residences shall be examined. (3) That the site is not physically suitable Jar the type oj development proposed. The site is suitable for the type of development proposed. The proposed building envelopes and surrounding areas are sloped however not to the point that building would be impeded. Geotechnical clearance shall be required for construction of either parcel at the time it is proposed. The subdivision has received geotechnical clearance. Future development on the proposed parcels will not be compromised or constrained as a result of the subdivision. Existing trees do not preclude development on the proposed parcels. The subdivision will not impose features on the proposed parcels regarding size or shape, that may constrain future development on the site. The existing conditions are such that they do not include physical features including topography, location, or surroundings that may hinder future development on the site. (4) That the site is not physically suitable Jar the proposed density oj development. The subdivision application may result in the construction of a single-family residence on parcel 2. Approximately one dwelling units per acre are permitted consistent with the general plan maximum dwelling unit per acre designation of 1.09 residences per acre. The potential for the construction of a single-family home on the proposed parcel is consistent with the surrounding uses and densities in the area. Densities in the immediate surrounding area are characterized by low-density single- family residential uses. Lot sizes in the surrounding area are predominately one acre or more. (5) That the design oj the subdivision are likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat, The proposed project which includes subdivision of one lot into two building sites is categorically exempt from the Environmental Quality Act (CEQA) pursuant to section 15315 of the Guidelines for the Implementation of CEQA. This Class 15 exemption applied to the division of property in urbanized areas zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope of greater than 20%. (6) That the design of the subdivision is likely to cause serious health or safety problems. The proposed project is consistent with the zoning and subdivision regulations in the Municipal Code and general plan. The Tentative Map has been reviewed and conditioned by the Sanitation District, Saratoga Fire Department, Santa Clara Valley Water District, the Arborist, Planning Department and Public Works Engineers. All structural improvements to the property will be reviewed by the Community Development Department. The project site is located in Zone X on the Flood Insurance Maps by FEMA. This designation incorporates the vast majority of properties within the Easement will be recorded with the Final Map. Easement shown on the Final Map. Shown on the Final Map. City. Floodway areas of Zone AE are located along the City's major creeks and require certain construction techniques; however, the project site is designated as Zone X. (7) That the design of the subdivision will conflict with easements for access or use, The proposed subdivision contains several easements a Santa Clara Valley Water District Easement, an existing Sanitary Sewer Easement, and a Conservation Easement. The subdivision does not conflict with any of the above-mentioned easements. The Santa Clara Valley Water District Easement has been noted on the plans. The SCVWD has reviewed the proposed subdivision. According to correspondence dated July 15, 2005 any proposed improvements adjacent to a District easement or facility shall required a permit prior to the start of construction. The Conservation Easement shall be recorded. The Conservation Easement shall be recorded over the remainder parcel. The conservation easement shall be kept open and free from building and structures of any kind. Only native plants may be planted in said easement. The conservation easement shall also be recorded on the final map and on the title. The remainder parcel shall not be sold separately from parcel 2. Ownership of the remainder parcel shall be tied to parcel 2 (8) That a proposed subdivision of land which is subject to a contract executed pursuant to the Williamson Act. Not Applicable. The project site is not under a Williamson Act contract. (9) That the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements. The West Valley Sanitation District of Santa Clara County has reviewed the proposed subdivision reference correspondence dated September 21, 2005. The District operates a 6-inch sewer main that runs parallel to San Tomas Creek within the property. This sewer main will provide service to the new parcel. THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Saratoga does hereby resolve as follows: Section I. After careful consideration of the Tentative Parcel Map, architectural drawings, plans and other exhibits submitted in connection with this matter Subdivision Application No. 05-122 is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT DEPARTMENT 1. A conservation easement shall be recorded over the remainder parcel. The conservation easement shall be kept open and free from building and structures of any kind. Only native plants may be planted in said easement. 2. The conservation easement shall also be recorded on the final map and on the title. 3. The remainder parcel shall not be sold separately from parcel 2. The final map shall state that ownership of the remainder parcel shall be tied to parcel 2. Pool-house demolished. Garage demolished, new garage built. Annexation completed. Acknowledged. Acknowledged. Acknowledged. Acknowledged Acknowledged. Hold Harmless Agreement signed. " 4. The existing poolhouse on parcel I shall be demolished prior to final map approval 5. The existing garage on parcell shall be demolished. A new garage meeting all current city codes at the time of construction shall be built prior to final map approval. ' 6. Annexation of County lands on the subject property shall be completed prior to fmal map approval BIOTIC ASSESSMENT 7. All measures otitlined in the Biotic Assessment report dated May 25,2005 shall be incorporated into the project plans. Including, but not limited, to avoid nesting season for Cooper's Hawks during construction. GEOTECHNICAL CLEARANCE 8. The Project Geotechnical Consulta\lt shall review and approve all geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for the building foundation and driveway) to ensure that the plans, specifications and details accurately reflect the consultants' recommentlations. 9. The results of the plan review shall be summarized by the Project Geotechnical Consultant in a letter(s) and submitted to the City Engineer for review prior to issuance of permits. 10. The Project Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for fill keyways, and foundation construction prior to placement of fill, steel and concrete. II. The results of these inspections and the as-built conditions of the project shall be described by the geologic and geotechnical consultants in a letter(s) and submitted to the City Engineer for review and approval prior to Final Project Approval.' The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to issuance of a building permit. 12. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of sailor slope instability, slides, slope failure or other soil related and/or erosion related conditions. Easement dedicated on Final Map. Acknowledged. Acknowledged. Acknowledged. Applicable fees paid. Acknowledged. Acknowledged. Acknowledged. Acknowledged. " SANTA CLARA VALLEY WATER DISTRICT 13. The District requests the land owner to grant an easement along the creek that included the creek itself and a 22 foot width from top of creek bank. 14. The owner should show any existing well(s) on the plans. The well(s) should be properly registered with the District and either maintained or abandoned in agreement with District standards. Property o\'\oners or their representatives should call the Well and Water Protection Unit at 408 265- 2607, extension 2660. 15. A District permit can only be issued on the final set of plans and a transfer of prior to completion of the permit invalidates the permit requiring the new property owner to re apply and a new permit"be issued to the correct permittee. 16. Reference SCVWDistrict File No. 3560 on future correspondence regarding this project. WEST VALLEY SANITATION DISTRICT 17. The developer is required to pay all applicable fees prior to the recordation of the Final Map. The fees will be determined upon submittal of the improvement plan District approval will be in the form of sewer connection permits after payment of fees. SARATOGA FIRE DISTRICT 18. All conditions of the Saratoga Fire Department shall be met. CITY ARBORIST 19. All recommendations in the City Arborist's Report by David Babby, dated September 5, 2005 shall be followed and incorporated into the plans. 20. All recommendations of the project arborist Report by Dave Dockter, dated August 1, 2005. CITY ATTORNEY 21. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City of held to be liability of City in COIUlection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. PUBLIC WORKS DEPARTMENT Map submitted. All documents submitted. Fee paid Monuments set. Shown on the Final Map. Easement dedicated on the Final Map. Completed. 22. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new comer location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 23. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative MapNesting Tentative Map, along with the additional documents required by Section 14-40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information required in Secti~n 14-40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated witltin ninety (90) days of the date of submittal for the Final Map. c. One copy of each map referenced on the Final Map. d. One copy of each document/deed referenced on the Final Map. e. One copy of any other map, docmnent, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. 24. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. 25. Interior monuments shall be set.at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 26. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights-of-way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 27. Private sanitary sewer easement from existing sanitary sewer easement to the developed lot shall be dedicated on the Final Map. 28. The owner (applicant) shall contact West Valley Sanitation District and comply with all their conditions and requirements. SARATOGA CITY COUNCIL . ,,-. MEETING DATE: March 1,2006 AGENDA ITEM: \~ t2 -:l ~/ ORIGINATING DEPT: City Manager's Office PREPAREDBY: Cb _ . CITY MANAGER: Cathleen Boyer, DEPT HEAD: Dave Anderson, City Manager SUBJECT: Resolution Adopting a Risk Management Policy REC;OMMENDED ACTION: Adopt resolution. REPORT SUMMARY: ,r- ABAG Risk Management & Insurance Services began in 1986 with the formation of the ABAG Pooled Liability Assurance Network (PLAN) Corporation. The PLAN is a non-profit corporation whose purpose is to benefit the citizens of each member community by establishing a stable, cost-effective self-insurance, risk sharing and risk management program for each member. The PLAN is run by ABAG under the direction of its 32 member agencies. The City of Saratoga is one of ABAG's member agencies. In May 2005 the ABAG Board of Directors approved a Risk Management Policy and associated Risk Management Performance Standards. This Policy outlines methods to: . Establish criteria for admission and continued membership . Monitor compliance with and effectiveness of criteria . Provide resources to maintain and improve member polices and procedures The Policy also delegated the authority to the ABAG Risk Management Committee to enforce requirements of the Risk Management Program, including the, requirement that each Member comply with recommended practices. r The Performances Standards contain the following elements: . Risk Management Framework - basic structure to support Member Agency risk management activities, including a formal policy statement, written annual goals, Risk Management Committee, and contact person for implementation. . Loss Experience Trendilll! Factors - annual review of changes in each Member Agency's Experience Modifier over the last three years, to focus on negative or positive trends that could mean that a Member Agency needs to improve or has implemented best practices. . Adherence to Recommendation - provides standards for determining whether or not a Member is performing up to excepted standards. . Polices and Procedures - recommendations for polices and procedures is key risk exposures that would be used to determine how well each Member Agency is meeting the criteria for continued membership. As part of the Performance Standards Risk Management Framework each Member must adopt a formal risk management policy statement. . ~ The attached resolution (Attachment I) adopts a Risk Mana~ement Policy Statement for the City of Saratoga and the formal policy (Attachment 2) which must be distributed to all employees once adopted by the City Council. -' FISCAL IMPACTS: None at this time but if the Council elects not to adopt this policy and the City does not adhere to ABAG's Standards of Perforlllance the City could be reported to the Board of Directors by the Risk Management Committee. The Board may elect to redllce the risk posed to the Pool by our inaction, including limiting or excluding coverage for damages arising from certain activities, mandating certain actions for continued membership, increase insurance premiums, or expulsion. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: None. FOLLOW UP ACTION: Send a certified copy of the resolution to; Cathie Bigger-Smith, Bickmore Risk Services, 1831 K Street, Sacramento, Ca. 95814 Marcus Beverly, ABAG Risk Manager, PO Box 2050, Oakland Ca. 94604-2050 .....I ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Resolution Attachment B - Policy Concerning Risk Management ~ " Approval granted. 29. Applicant shall submit plans to Caltrans for review and approval of the new driveway entrance. All improvements required by Caltrans shall be incorporated into development plans prior to issuance of permits. All conditions shall be fulfilled prior to final project approval. Caltrans Encroachment Permit shall be issued prior to commencement of the work in the state right-of-way. Will-Serve letters submitted. 30. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. Acknowledged. 31. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private 'utility providers, prior to corrnnencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. Fees paid. 32. The owner (applicant) shall pay the aPRlicable Park and Recreation fee prior to Final Map approval. Acknowledged. 33. All building and construction related activities shall adhere to Development and Construction - Best Management Practices adopted by the City for the purpose of preventing storm water pollution. New as Section 2. An approved or conditionally approved tentative subdivision map approval shall expire 24 months from the date on which the advisory agency, or the City Council on appeal granted its approval or conditional approval. An extension may be granted pursuant to 14-20-080. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED ANn ADOPTED, The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga Planning Commission, State of California, held on the 26th day of October 2005 by the following vote: AVES: Cappello, Hunter, Schallop, UbI, Rodgers, and Chair Nagpal NOES: None ABSENT: Kundtz ABSTAIN: None ;, RESOLUTION NO 06- RESOLUTION OF THE CITY OF SARATOGA ADOPTING A RISK MANAGEMENT POLICY , WHEREAS, the City of Saratoga ("City") is a member of the Association of Bay Area Governments Plan; and WHEREAS, it is recommended that a Risk Management Policy be established in order' to accomplish certain goals; and WHEREAS, it is the intention of the City to provide a safe environment in which its residents, visitors, and employees live and work. NOW, THEREFORE, the City of Saratoga resolves as follows: I. Public interest requires the City of Saratoga to adopt a Risk Management Policy. 2. The City Council of the City of Saratoga hereby adopts a Risk Management Policy to preserve its human, physical, and financial resources from the risk of catastrophic loss. The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the I st day of March, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk CITY OF SARATOGA Policy Concerning Risk Management 1.0 GOALS 1.1 Reduce the risk of loss. 1.2 Apply responsive claims management techniques to losses that do occur. 1.3 Protect the City finances from catastrophic losses, or an annual accumulation of losses that would cause financial hardship. 2.0 POLICIES 2.1 Overall responsibility for risk management lies with the City Manager or his/her designee. However, risk management is the responsibility of each City employee, consultant, and elected official. The City Clerk is responsible for performing the duties of Risk Manager for the City. S/he will be the City's liaison with the Association of Bay Area Governments Plan (ABAG PLAN) and its claims administration program. 2.3 Risk Management is a systematic process aimed at identifying, measuring and controlling loss exposures. In accordance with the City's Injury Illness Prevention Program (IIPP), the Risk Manager will implement a City-wide hazard identification system to quickly identify hazardous conditions and effect repairs. All employees are encouraged to notify their supervisor, department head, and/or the Risk Manager of any condition that may expose someone to injury or damage. 2.4 Risk Management includes a responsive claims administration system. The Risk Manager will review all incident reports and claims, and will notify ABAG PLAN and its adjustment firm in a timely manner of all serious accidents or claims. Supervisors will review all accident reports, incident reports, and claims affecting their organization, and provide timely information to the Risk Manager. 2.5 Risk Management involves the trans(er ofthe City's risk of loss to others whenever possible and practical. The Risk Manager and City Attorney will periodically review and update a risk transfer process that assures the use of hold harmless and indemnity clauses in all City agreements, contracts, leases, permits, purchase orders and rental agreements, and the use of insurance clauses that provide adequate protection to the City. 3.0 ACCIDENT REVIEW PROCESS 3.1 The Risk Manager will implement, review and update (as needed) an accident review process in order to review all accidents, incidents and claims to determine their cause, preventability, methods to prevent future occurrences, and claims and litigation defense strategy. 4.0 SAFETY REVIEW PROCESS 4.1 In accordance with the City's IIPP, the Risk Manager will implement a safety review process to engage City employees in discussions about safety issues and how to make City operations safer. 5.0 INSURANCE 5.1 The City will establish self-insurance retention limits consistent with its financial resources. The City will establish reserves on all self-insured losses to recognize the expected future cost, and appropriate funds to cover all self-insured liabilities. J t r- r- r SARATOGA CITY COUNCIL U.\ 6ZJc:fJ/ MEETING DATE: March 1,2006 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: DEPTHEAD:~~ n Cheroone '-i PREPARED BY:~ t:;:./2...-? istin Borel Administrative Analvst Director of Public Works SUBJECT: Motor Vehicle (MY) Resolution Prohibiting Along Verde Vista Lane RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution prohibiting parking on a portion of Verde Vista Lane. REPORT SUMMARY: Recently the City received a request to extend the red curb at the corner of V erde Vista Lane where it meets Saratoga-Sunnyvale Road. We have a partial red curb at this corner, but would like to extend the curb another 50 feet along Verde Vista where it meets Prune Blossom Drive. Cars pllIked along this section block the site distance needed to exit Prune Blossom Drive safely. The City Traffic Engineer determined that parking along this section of Verde Vista Lane creates a safety hazard. It is therefore recommended that parking along this section of Verde Vista Lane be restricted. In order to enforce the new parking restrictions on Verde Vista Lane, 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 ~b red. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MY Resolution would not be adopted and parking would continue. ALTERNATIVE ACTION(S): None. Attachment 1 RESOLUTION NO. MV- . RESOLUTION RESTRICTING P ARKlNG ON VERDE VISTA LANE The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following parking restrictions shall be designated on Verde Vista Lane: NAME OF STREET DESCRIPTION RESTRICTION Verde Vista Lane Beginning at the south westerly corner of No Parking Anytime Verde Vista Lane where it meets Saratoga- Surmyvale Road and ending at Prune Blossom Drive This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 1st day of March, 2006, by the following vote: AYES: NOES: ABSENT: Norman Kline, Mayor ATTEST: CatWeen Boyer, City Clerk i J -' -' ., 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: I. Motor Vehicle Resolution prohibiting parking 2. Map 20f2 Attachment 2 II I -,; r ' . ,'-"-.;-."---.-.-! Iii '----'-l - , ' 'I~i-; ; JM~,^ . -': -_-I -- - -~ ~~=~ l' .J__l_1-L_Lj f ~M~~~rH~- -~e1(tr'~C~..- r -f', ~TOGf-SI' NrA~~;.' !rrnr-I,. \ [ I Ul 1'--- 1-,-."'..--1 . I. ~-._-----"i .1 CHAJ'I ' .' ! LEX ON I 'I I'. I 'I ~---~ ! I I '\ -:-L:_ .:.._=--_ L=-=l=--~__--, I ,I i ! I, i I ! ,! \ .,..- _ ..' IfERDEV~T' ___~ :-==_c______L_:_L_--, ] -- -,: -- --I V~~~CTr---1 I ~ r---\-T--T-,-'-',_:-, i -- ~ ,i \ I ; , ' Iii I ' ' ! : \ i-'\ /", , : i ; ,;] Ii : i i i I I -- T~~ RfHAV-ii/ Ti /'lFRUIJLPJ=8ji I L-j---L--J---Li~=-1 li- Cia .,.-------.;.------.'.-----( --~ I" ~N i! I I I ,/ _ : II - ,',.~ ::;:;'"..." ,____:" ! SA.~fOGf'-SrNNYVALE E ":/"-'LexJJr~"( ;._:F'a'cllil '. ).._, / i 71 ! .'___'. .., I /....,. I" : 1 i ' Y .-'1 1 S , ......,,- -~" / /-.- ---rl\~i1Ri>+!W- '~.....-'~ -, i-~l- '11 I' 'j i i 1'" ~---l/ /tl'-_.- \ ';i i:. I ~ j I J I ; 1/1 I . r . SARATOGA CITY COUNCIL ORIGINATING DEPT: Public Works I CITY MANAGER: \I. P J c:::7 MEETING DATE: March 1.2006 AGENDA ITEM: PREPARED BY: DEPT HEAD: Joh Cher on SUBJECT: Hakone Gardens Historical Renovation Project - Award of Construction Contract RECOMMENDED ACTION: I. Approve Budget Resolution. r-' 2. Move to declare DeShrnidt Design Build to be the lowest responsible bidder on the Hakone Gardens Historical Renovation Project. 3. Approve a construction contract with DeShrnidt Design Build in the amount of$89,500 for the Hakone Gardens Historical Renovation Project and authorize City Manager to execute the same. REPORT SUMMARY: In March oflast year the City signed a joint application with the Hakone Foundation for grant funding through the County's Historical Park Grant Program for renovation of historical structures at the Gardens. Funding was awarded by the County in the amount of$115,000. Part of the requirements of the grant is that the project be bid and administered by the City. Over the past couple of months staff and Hakone have been working jointly on the design and bid package for the project. Sealed bids for the Hakone Gardens Historical Renovation Project were opened on February 2, 2006. Only one contractor submitted a bid. DeShrnidt Design Build submitted a bid of$89,500. Staffhas carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated February 01,2006. Mr. DeShrnidt, who owns the company, has excellent experience and credentials in regard to renovation of historical structures. r The scope of work includes furnishing all materials, equipment, and labor to renovate six historical structures including the wisteria pavilion, the arched bridge, the upper residence deck and railing, the tea garden entry, a tree brace for one of the historical trees, and garden gates (Attachment I). The total cost of the project is $134,000 which includes materials ($42,000), the construction contract ($89,500), and a construction contingency ($2,500). The shortfall in the amount of $19,000 will be funded by the Hakone Foundation. A letter from the Foundation indicating their willingness to fund the shortfall will be submitted prior to next Wednesday. A summary of the project resources and costs are as follows: .J County Grant: $115,000 Hakone Foundation: 19.000 Total Resources: $134,000 Materials: Construction Contr. Contingency: Total Costs: $42,000 (purchased in advance by Hakone) 89,500 2.500 $134,000 It is therefore recommended that Council declare DeShrnidt Design Build to be the lowest responsible bidder on the project, and award the attached construction contract (Attachment 2) to this firm. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $2,500 to cover any unforeseen circumstances and additional work, which may arise during the course of the project. FISCAL IMPACTS: Funding for this work will come from the County Historical Grant Program and from the Hakone Foundation. In order to move forward with the project it is necessary that a budget resolution be approved (Attachment 3). .J Current YTD Fund Balance Balance Budget Revised Account lDuree of Funds Budeet Revenue (aj 7/112005 Available Revisions Budeet Number ~ounty Historic Park Grant ,Program $89,500) !akon. Gardens ($19,000) $ $ $ $ $108,500 $108.500 ool-3030-XXX-XXXX rota) Source of Funds $ $ $ $ $108,500 $108,500 Current PTD PTD PO Balance Budget Revised Account lse of Funds Budeet Expenses Outstandine: Available Revisions BudKet Number lakone Gardens Historic Renovation Project $ $ $ $ $ $108,500 001-3030-532-5241 'otal Use of Funds $ $ $ $ $ $108,500 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: DeShmidt Design Build will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding -.I the project due to the competitive nature of the current bids received. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin in March and completed in May. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: I. Project Details. 2. Construction Contract. 3. Budget Resolution. Attachment 1 " Technical Specifications 1. General Information, Project and Specifications, Provided by Saratoga Public Works Department. ' ;, 1. General Information, Project and Specifications Hakone Gardens Historical Renovation Project Materials: The lumber for the Hakone Gardens Historical Renovation Project will be provided by the Hakone Foundation. All other material must be provided by the contactor. The lumber is in rough form and will require to be milled as necessary. The Hakone Gardens Historical Renovation Project will consist of six (6) structures located, with in the Hakone Gardens. The six (6) structures are: 1. Wisteria Pavilion. 2. Arched Bridge. 3. Upper Residence. 4. Tea Garden Entry 5. Tree Brace. 6. Garden Gates. The structures should be examined by the contractor to determine the extent of dry rotted wood and loose connections that will need to be replaced in addition to the restoration as described in the Description/Specifications in the following pages. The following pages are the descriptions, specifications and photos for each structure for the Hakone Gardens Historical Renovation Project. Wisteria Pavilion #1 1. Wisteria Pavilion: Demolition of existing structure. Protect and re-weave Wisteria. Complete new traditional Japanese floating structure with detailed, jointed railing system and trellis as well as sitting benches and carved slab caps. Item Cateaorv Descriotion/Soecification 1 Materials Old Growth/ClearhrtlDrv Redwood main Posts 110-4"x4"x8') Old Growth/ClearhrtlDrv Redwood Deckina 120-2"x10"x16') Old Growth/ClearhrtlDrv Redwood head beams (10-3"x8"x16') Old Growth/ClearhrtlDrv Redwood cross beams 112-3"x4"x16') Old Growth/ClearhrtlDrv Redwood rail caos (20-2"x4"x12') Old Growth/ClearhrtlDrv Redwood Rail boards (40-2"x3"x8') Old Growth/ClearhrtlDrv Redwood Pickets (40-2"x2"x8') Old Growth/ClearhrtlDrv Redwood Bench/slabs (8-3"x16"x12') 2 Millino Mill down from loos, dimension and size all lumber in shoo. Surface all lumber to nominal soecified dimensions in shoo. 3 Joinerv Detail, cut and fit posts/head beams/rails and oickets in shoo orefit and assemble all ioints (tenons/notched/thru mortise) in shop. 4 Demolition Remove existinQ deck down to ioints. Temoorarilv Drop Wisteria and remove existina suoerstructure. S Installation Install DeckinQ/posts/beams/rails/oickets/benches ect on site. 6 Finish Pre oil and finish all wood at shoo. ., Arched Brid2e #2 2. Arched Bridl!e: Repair and replace dry rotted Hinoke wood rails with curved, pillowed caps, by disassembling parts and creating new tenons, pegs and wedges. Replace threshold deck boards at each end. Several intermediate deck treads may need replacing as well. Item Category Description/Specification 1 Materials Hinoke (POC) deck boards (10-2"x12"x6') Hinoke (POC) thresholds (2-3"x12"x6') Hinoke (POC) tenon pieces & pegs (8-4"x6"x6') 2 Milling Mill down from logs, dimension and size all lumber in shop. Surface all lumber to nominal specified dimensions in shop. 3 Joinery Detail, cut and fit all pieces (posts/thresholds/decking) Iprefit and assemble all ioints (tenons/notched/thru mortise) in shop. 4 Demolition Disassemble bridoe pieces that need repair or replacement. 5 Installation Install new thresholds on site. , Install new deck boards on site. Re-install posts. , 6 Finish Sand and oil all bridoe with appropriate finish " !IJ!per Residence #3 3. Upper Residence: Repair of exterior traditional Japanese deck and railing using hidden joinery with Hinoke wood and hand planned finishes. Item Cateoorv DescriptionlSoecification 1 Materials Hinoke (PO Cedar) caps various (8-3"x4"x10') Hinoke (PO Cedar) pickets (40-2"x2"x8') Hinoke (PO Cedar) rail pieces (20-2"x4"x8') Hinoke (PO Cedar) deckinQ (20-2"x6"x8') Red Cedar interior panelinQ (20-1 "x1 0"x1 0') 2 Millino Mill down from loos, dimension and size all lumber in shoo. Surface all lumber to nominal specified dimensions in shoo. 3 Joinerv Detail, cut and fit oieces (deckino/rails/caDs etc\ in shop. Prefit and assemble all ioints (tenonslnotchedlthru mortise) in shop. 4 Installation On site installation all pieces. 5 Finish Oilino (on site). .......-. Pili IIIi .- ., -- ...' ... .. , I..,~I ..... . ~. ........ " . ~ 111. .. .' h '" 411.111--.; ~ .~' IIIil II ' -,. . ::.,., '. II., .~.If:~~.. I.,' . '. 'II, , . ,:"'i':': ... '.' ;.. ~'it.~.,. ,. ...;:I'lj ,.~ w f'l../I ~ ~~.....' . .; ". ~':~ . ,A -, . '11"- .f' "', . Co ..J ~r j ~,. ~i:.,.., .' . 'lI...... . \ ,~'t'_~ ",'~ . ,.~*.:." 6""""'-' . . A- .""t,;.,-::~ . ;'>>~#'\~ . " . \ . : ;ii' .~' .".. II .;' ~ };~;,", I . " II"! . " ,,* , ."11./ ' .- ../ . ..' .-.~ _. 1-=, .'1 ., .~.,:..., 1IfiII., ..- . . - .11.: ..... I 'III ~--: IH i . .) ,. II l' i., ,'r' _. 1\ \ . II II i!I ".., .11.. . 'W'<:' ".-' .'i = .' . B ;':. -~:! ~ :.LIl .. l .... 11II .' .. ,.'1111I .111...."" ...... _.111 . -... 11I1_11I111I1. '-.- 11II. _ .1 '.. II'" .. --.;.. :: . ..... 1IIii-: _._ r I. .. .....,... .I!lIB '.. :-'."':'" -.. (' ..... II.... .. .... .':. .. "11= I -:SS ... :'';':11.. ....11. · -.,.. ..Ill. . '., . "11I_ ...........-=-,.:- ,. -II=~.. . III -1lI._.. .. . ' ..11I',11.-11:1..:_ _.,. .... . II.,.... ... .- . -. .... ....-a, ., .,..' .. IA. =~ ..,..' ...... 1III';..II!IlI. .. ~ "..1 I..... -.; ". . - .. , ., ". ..' 11:I 111I .' .~ .~ I .._.' _... 11II .' ", :, ... ... - .11.. ~ .... .:.; . -.. - .-... ..,.. ...... . !IIi" .._ .-...~. . '- ~ il!ll1III. . .-.- . . . . .., ;- . _II : 1" ...! . III .;'.' , '1~'_1'111'.t. II.. .... ...i.... .. .-... · . . ,Co . -. I ..... ' . . I.. · .... .. -.11I. ,.,.. .. .; '~ ,.- " .'11... e.... I I I j ,I ~ I '1 . 'i [j;:\:'I'1 I , ; , I 1 I I II .....J.l ~~ ir J11. , !. I . " Tea Garden Entrv Gate #4 4. Tea Garden Entry Gate: Demo existing and set new hand planed posts with traditional Japanese detailed ridge and rafter system. Roof covering will be hand made "bark shingles. New gates will incorporate mortised bamboo and Hinoke with special hammered hinges. Item Cateaorv Description/Specification 1 Materials Old Growth/Clearhrt/DrvRedwood Gate posts (2-6"x6"x,12') Old Growth/Clearhrt/Drv Redwood Fence posts (4-4"x4"x8') Hinoke c1kd(POC) aate & fence material (12-2"x4"x6')(12-1"x6"x6') Old Growth/Clearhrt/Drv Redwood roof frame (12-3"x6"x1 0') Redwood Bark shinales (mill cut - 4 bundles) Bamboo infill and rnckets , 2 Millina Mill down from loas, dimension and size all lumber in shop. Surface all lumber to nominal soecified dimensions in shop.' 3 Posts Install 2 - 6"x6" aate posts on site. Install 4 - 4"x4" fence costs on site. 4 Fence Build 2 fence sections in shop. Install 2 fence sections on site. 5 Gates Build 2 aates in shoo. Install 2 aates on site. Handmade hardware for aates installed on site. 6 Roof Buil complete roof svstem at shoo. Transport and install roof on site. " Tree Brace # 5 , 5. Tree Brace: Replace existing tree branch braces with crossed and jointed Hinoke rounds that are jointed at intersection. Item CateQorv DescriotionlS pecification 1 Materials Hinoke (paC\ oosts !2-3"x4"x1 0'\ Hinoke (paC) rounds !2-2"x3"x10'\ ' Hinoke (paC) cross braces !2-3"x6"x6') 2 qranite stones for base of DOsts 2 Millinq Mill down from 1005, dimension and size all lumber in shop. Surface all lumber to nominal specified dimensions in shoo. 3 Joinerv Detail, cut and fit all oieces ithru-mortise/dado/fit to rocks) in shoo orefit and assemble all oieces in shoo. 4 Installation 2 below-orade concrete footinas with stones on top on site. ' Install 2 tree braces on'site. Custom metal connections at base rocks on site (hidden pins). 5 Finish Pre finish wood in shoo. Garden Gates #6 6. Garden Gates: Brand new Traditional Hinoke, Bamboo and Red Cedar mortised and jointed Japanese style gates. New detailed roof ridge cap. Item Category Descri ption/Specification 1 Materials Hinoke (POC) gate material (8-3"x8"x8') (18-2"x2"x8') Hinoke (POC) cate material (8-3"x6"xS') Roof ridge cap material (2-3"x10"x14') (2-3"x6"x14') Western Red Cedar gate boards (24-1 "xS"x6') Shingle repair material (8 bundles WRC cut shingles) Bamboo (20 bamboo stalks ~ S') fence boards (24-1 "xS"x6') 2 Millinc Mill down from logs, dimension and size all lumber in shop. Surface all lumber to nominal specified dimensions in shop. 3 Fence Build 2 fence sections. Install 2 fence sections. 4 Gates Build 2 gates. Install 2 gates. Handmade hardware for cates. 5 Roof Install new ridge cap. Install new shingles. 6 Finish Pre-finish all pieces at shop. Attachment 2 " CONTRACT FOR CONSTRUCTION. Hakone Gardens Historical Renovation Proiect ~nntr~r.t for r.nn!=:trllr:tinn II 7", THIS CONTRACT FOR CONSTRUCTION is made and entered into this ~;Z day of ~e.B~\At}~ I, 20C>$;' by and between the Ci,ty of Saratoga, a municipal corporation (herein called CITY) and DeS..... " ~ '\ ~.... ~ \ Je.-s , a California corporation, a partnership or arqoQlvidual)'circle one) located at ~ 15' 6A-'1 0 c;-r: 64.1:\ .....::>,c tr q 4'1 cr, herein called Contractor. RECITALS A. WHEREAS, the City has caused to be prepared in the manner prescribed by law, plans, specifications and other contract documents for the public work of construction [insert project name and contract number] herein described and shown and has approved and adopted the Contract Documents, including the specifications and plans, and has caused to be published in the manner and for the time required by law a Notice Inviting Bids for the work described in the Contract Documents, and B. WHEREAS, the Contractor in response to the City's Notice has submitted to the City a sealed bid proposal accompanied by a bid guaranty in an amount not less than ten percent (10%) of the amount bid for the construction of all of the proposed work in accordance with the terms of the Contract Documents, and C. WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and declared the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal and in this Contract. Accordingly, CITY and Contractor agree as follows: (1) CONTRACT SUM: CITY agrees to pay, and the Contractor agrees to accept, jn full payment for the above ~or~, the sum of 'E \ ~~ r--> I ""e. i'1'\0 u..S'4wI0 (...12 \t....,o..Ndollars ~ 8'1 566.60 ) to be paid in accordance with the Contract I Documents. (2) COMPLIANCE WITH LAW: CITY is a public agency. All provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor. (3) CONTRACT DOCUMENTS: The following Contract Documents relating to this Contract for Construction are hereby made a part of and incorporated by reference into this Contract: The Notice Inviting Bids ~nntr;::tr..t fnr r:nn.c:::trlIMinn ~\~ 7R Information for Bidders Statement of Experience and Qualifications Bid Form Contract Proposal, Faithful Performance Bond Labor and Materials Payment Bond Contractor's Certificate Regarding Worker's Compensation Certificate of Insurance and Endorsements, '* Affidavit Concerning Conflicts of Interest and Noncompetitive Practices ~ Fair Employment Practices Certificate General Conditions, Special Conditions and Attachments thereto, ~ State of California Department of Transportation Standard Plans and Specifications, current year Plans and Specifications prepared by City of Saratoga, Inc., and supplemental agreements, certifications, and endorsements applicable to this work, with all modifications incorporated in said documents prior to receipt of the Contract Proposals. Any work called for in one contract document not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents. This Agreement (including all documents referred to above and incorporated herein) represents the entire and integrated Agreement between CITY and Contractor for the Project and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, as provided in the General Conditions. (4) PROHIBITED INTEREST. Contractor represents that to the best of its knowledge no director, officer, or employee of CITY has any interest, contractual or non-contractual, financial or otherwise, in this transaction or in the business of Contractor. If any such interest comes to the knowledge of Contractor at any time, a full and complete disclosure of all such information shall be made in writing to CITY, even if such interest would not be considered a conflict of interest under Article IV Division 4 (commencing with Section 1090) or Division 4.5 (commencing with Section 3600) of the Government Code of the State of California. No r..nntr::!M fnr r.nn.-::.trll~tit1n J~~ 77 (7) (8) " member, officer, or employee of CITY or of any of its member jurisdictions during his/her tenure of office, or for one year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds therefrom. (5) NOTICES. Any notices to be given hereunder by either party to the other may be effected either by personal delivery, fax or mail. Mail shall be sent registered or certified, postage pre-paid, re~urn receipt requested. Mailed ~ 05 notices shall be addressed to the parties at the addresses set forth below, but each party may change its address by written notice in accordance with this paragraph. Notices delivered personally shall be effective immediately. Notices sent by mail shall be effective one (1) day after mailing. Notices sent by facsimile shall be effective upon transmission to the number set forth below. . CITY OF SARATOGA CONTRACTOR (j~f-'il ()€J~' \(ff .O&~""'\V:>"T BLA...l Oe~s 3~1S" \3'\'10 )1"' (t "'" k'la..-~ I <A. q q.l., "1 (SIt>) lt~?-~"t, ~ Public Works Director City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 (408) (6) Warranties. The Contractor hereby warrants and guarantees for one (1) year from and after the date of completion of the services provided for in this Agreement that said materials and labor necessary for the Hakone Gardens Historical Renovation Project, shall operate as provided for in the Technical Specifications and Contract Documents. During the term of this warranty, Contractor shall provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the equipment from any cause. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the equipment that is caused solely by the negligence or willful misconduct of City. The warranties of each part or component supplied are in addition to the warranties required of Contractor in the Contract Documents. ~P5 Waiver. No waiver of any breach of the terms, conditions or covenants of this contract shall be construed to be a waiver of any succeeding breach of the same or any other covenants, conditions or terms of this contract. The waiver by any party of a breach of this Contract shall not constitute a continuing waiver, or a waiver of any subsequent breach, either of the same of different provision of this Contract. Time of the Essence. Time is of the essence in this contract. '"? f (j 5 f05 ~~ 'v ~nntr::l~t fnr r.nn~trt Ir.tinn 7R " (9) Controllina Law. This contract and all matters relating to it shall be f- 0 S governed by the laws of the State of California. (10) Entire Aareement. It is expressly agreed between CITY and Contractor that this contract, including the documents listed in paragraph 3 and incorporated herein, expresses the complete agreement between the .c DS parties and supersedes all prior oral or wrltten negotiations, agreements r- and understandings between them regarding the subject matter hereof. This Agreement may be amended only by written agreement between the parties as provided in the Contract Documents. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED to THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826. ~nntr:::lrl fnr r..nn~trllt".tinn ~~ 7q This Agreement is executed by CITY upon approval by the Council at its regular scheduled meeting of , and the Contractor has caused this Agreement to be duly executed. CITY OF SARATOGA CONTRACTOR: \\ _h BY:~~ (Authorized Representative of By: [NAME, TITLE] Contractor) Dated: ,20 Printed Name: ~Vle ()~v--'J 1 Title: c;)v5v1er- Ule5"",,:bi ~",', \Je..S (Attach Acknowledgment for Authorized Representative of Contractor) Contractors License No.: B 4-64 ( "'f / Expiration Date: (0/3/ j '" h I / ATTEST: Dated: ,20_ APPROVED AS TO FORM: Richard S. Taylor, City Attorney (Contractor Signatures must be Notarized) ~ d ~ Rn t:nntr::lM fnr r.nn~trllr.tinn Attachment 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO AMEND THE BUDGET FOR FY200S/2006 TO APPROPRIATE FUNDS TO PAY FOR HISTORICAL RENOVATIONS AT HAKONE GARDENS. WHEREAS, the City desires to renovate certain structures at Hakone Gardens and a contract has been awarded for that purpose, and WHEREAS, it is necessary to appropriate funds from the County Historical Park Grant Program and the Hakone Foundation to perform the project, . NOW, THEREFORE, THE FOLLOWING IS RESOLVED, by the Council of the City of Saratoga: 1. Authorize an increase in Parks and Open Space revenue budget in the amount of $108,500. 2. Authorize an increase in Parks and Open Space - General Contracts expenditure budget in the amount 0[$108,500. 3. The City Manager or the Administrative Services Director is hereby authorized to make adjustments to the budget for FY 2005/06 needed to execute this resolution. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of March, 2006 by the following vote: AYES: NOES: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk . ,.- SARATOGA CITY COUNCIL ORIGINATING DEPT: Public Works CITY MANAGER: \J f?J~ MEETING DATE: March 1,2006 AGENDA ITEM: PREPARED BY: John Cherbone ~~ DEPT HEAD: John CherRolJ.e .~~ SUBJECT: Approval of Contract for Purchase of City Owned Property located at 19848 Prospect Road. RECOMMENDED ACTION(S): Approve Contract and authorize the City Manager to execute the same. , REPORT SUMMARY: r' The City Council will be reviewing the terms of the real property contract during Closed Session. If City Council accepts the terms of the contract the item will be heard during regular session for consideration. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTlON(S): None. FOLLOW UP ACTION(S): Follow City Council direction regarding purchase of City owned property located at 19848 Prospect Road. ,.- ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: ...) The Contract and resolution will be distributed at the meeting. ....J ...) SARATOGA CITY COUNCIL PREPARED BY. CITY MANAGER: \'l- iJJ~ MEETING DATE: March 1,2006 AGENDA ITEM: r DEPT HEAD: v i SUBJECT: Document Imaging Proposal RECOMMENDED ACTION: Accept report and direct staff to accept proposal from ECS hnaging. , REPORT SUMMARY: On December 21, 2005 staff brought forward a report (Attachment 1) requesting that Council allocate funds to undertake a document imaging project of the Public Works Department records that date back to the 1950's. . r' At that time Council directed staff to solicit for proposals for the project. The original proposal submitted with the staff report was from ECS hnaging, which is the City's current imaging provider, at $112,776. Delta Microhnaging submitted a proposal of $30.800, which after staff reviewed the proposal, concluded that it was not complete nor was it adequate to suit the City's needs. The third proposal was received from San Jose Blue Print at $216,510.50. Staff feels confident the ECS hnaging will provide professional and timely service for this project. FISCAL IMPACTS: Funds have been allocated for this project by Resolution 06-008 adopted on February 1, 2006. 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: Staff will follow City Council direction. r ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENT: Attachment A - Report from December 21,2005 Attachment B - Proposal from ECS Imaging Attachment C - Proposal from Delta MicroImaging Attachment D - Proposal form San Jose Blue Print " , . -I -..I .....,I .. ATTACHMENT A SARA TOGA CITY COUNCIL MEETING DATE: December 21,2005 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: Cathleen Bover. City Clerk Dave Anderson. Citv Manal!er SUBJECT: Document Imaging Proposal RECOMMENDED ACTION: Accept report and adopt Budget Resolution. REPORT SUMMARY: In 1999 the City of Saratoga implemented a program converting documents from paper to digital images and purchased Laser Fiche, a retrieval system. LaserFiche eliminates time-consuming document searches, 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 embarked on a similar project converting the City's microfiche of building permits and planning applications indexing them onto LaserFiche. For the past five years 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 earlier this week and submitted the attached proposal (Attachment A). The estimates were prepared in a very limited time frame, but they are roughly within 25% of the total costs. The spreadsheet shows the assumptions for number of documents estimated and estimated associated costs. Staffis recommending that Council direct staff to prioritize the Public Works Department 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: Staff will follow City Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENT: Attachment A - Proposal from ECS Imaging Attachment B - Budget resolution. " ATTACHMENT B " City of Saratoga Public Works Department Scanning Project Estimates E~S Imaging, Inc. . Run with the Best #1 Laserfiche Reseller in the World 2002! Corporate Headquarters: ECS Imaging, Inc. 3720 Sunnyside Drive, Ste. 200 Riverside, Ca 92506 www.ecsimaqinq.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 ECS Imaging, Inc. "Your LaserPiche Connection" Letter and Legal Large Size X-LarQe UPSTAIRS Five Drawer Files (in common area) 7500 625 Public Works Table Cal Trans Documents 1200 State Highway Documents 900 Bound Items 1000 Rolled Plans/Maps 300 Maps in Garbage Cans 200 Color Documents 150 Other Stapled Documents 200 Improvement Plans Along Walt Tract Plans 100 Subdivision Plans 700 Private Grade 500 Other (not labeled) 1500 Outside Kristin's Office on Floor Five Storall Boxes 100000 File Cabinets in Engineering Lobby Bank One 11700 75 Bank Two 22100 100 Bank Three 1500 125 Engineering Conference Room Storall Boxes (26) 52000 Plans/Maps 600 Documents on Table 2000 BASEMENT Avery Dennison Boxes (6) 3000 Other Boxes (53) 74200 7950 Tract File Cabinets Cabinet One 13500 375 Cabinet Two 18250 187.5 Cabinet Three 18940 15 Cabinet Four 27600 600 Cabinet Five 25500 1125 Cabinet Six 200 Other Geo-Tech Reports 7580 105 Hanging Files 2150 On Top of Hanging Files 900 Rolled Plans and Maps on Stands 4400 Black Tubes (30) 675 Binder of Greenbar Reports 500 Prepared by Rod Simon 1/30/2006 Total Pages Total Scanning Cost Preparation Estimates Unfolding Plans/Maps in Files destapling and relaxing rolled maps General Prep Total Prep Two-field Indexing Discs required for Images placed on CD's for direct import to LaserFiche ECS Imaging, Inc. "Your La.rerPiche Connection!.' 386,570 $44,456 24,945 $31,181 1,313 $4,595 $7~1 $3,244 $219 $22,090 $22,090 $3,975 $219 $2,062 $1,425 $75 $1,320 $1,260 $120 $112,776.74 Total Project Prepared by Rod Simon 1/30/2006 .. I~I City of Saratoga - Public Works Department Scanning Project Estimates The following are estimates for scanning the Public Works documents for the City of Saratoga. These estimates are to be used for planning and funding estimates. These estimates are 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 large documents above 36 inches wide: $3.50 . Document Preparation: $20.00lhour .. Document Indexing: $20.00/hour . CD Masters: $60.00 each; Duplicates: $25.00 each There are 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 charged 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 en 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 are 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-Large images (greater than 36 inches wide) are 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 3000 large images per month or 70000 letter/legal size images per month or some combination thereof. ECS Imaging, Inc. Page 2 of 2 1/30/2006 ATTACHMENT C " 01/21/06 City of Saratoga Imaging Project Cost Estimate The following price estimate is for the scanning and indexing of various City documents - primarily Community DevelopmentlPlanning files induding plans and supporting material. This price estimate is based on observation and inspection of the documents stored in the City's offices and basement below. Many of the documents are in a fragile state due to age and storage methods over the life of the documents. The condition of the documents and the care and preparation involved in their handling and scanning has been taken into account in the 'per-page' pricing as well as the overall estimated project total. Scanning 15,000 Plans (larger than llx22) @ .92 ea. $13,800.00 240,000 Support (llxI7 and smaller) @ .08 ea. $19,200.00 Indexing Indexing of up to 3 fields in Laserfiche Format JNC Prep Document preparation and handling INC Doc\Pickup Pickup and delivery of documents @ 2 % of invoice $600.00 CD Media Estimated 20 CDs burned labeled and attached $200.00 Total estimated project cost: $30,800.00 (+tax) Estimated project completion time - 6-8 weeks from first pickup Thank you, Randall Hendricks Delta Microlmaging 9961 Lower Sacramento Road Stockton, Ca 95210 209-992-1327 " ATTACHMENT D ..... .. City of Sarafoga units SJ Blue price Total Labor/unit box 1 1 $0.00 $765.00 sheets 1862 $0.05 $93.10 $0.41 folders 345 $0.00 $2.22 hours 9 $85.00 $765.00 units SJ Blue price Total box2 1 $0.00 $637.50 sheets 2558 $0.05 $127.90 $0.25 folders 18 $0.00 $35.42 hours 7.5 $85.00 $637.50 units SJ Blue price Total box average 1 $0.00 $701.25 sheets 2210 $0.05 $110.50 $0.32 folders 181.5 $0.00 $3.86 hours 8.25 $85.00 $701.25 # of Boxes with small format (estimate) Total Cost Total time(hours) City of Saratoga Cost 300 $210,110.50 2475.00 # of large format documents (estimate) Total Cost Total time(hours) City of Saratoga Cost 5000 $6.400.00 8.334 OCR (# of Total Cost@ sheets) $3.00/ sheet City of Saratoga Cost 668,000 $2,004.000.00 Grand Total (all services) I, City of Saratoga Cost City of Saratoga Cost $2.220.510.50 Grand Total (scan only) $216,510.50 Note: The amounts quoted are estimates only and can be adjusted depending on number ot documents actually scanned. r SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM CITY MANAGER:~ J c:Je.-- 2.. MEETING DATE: March 1,2006 ORIGINATING DEPT: City Attorney I PREPARED BY: Richard Taylor SUBJECT: Ordinance amending procedures for compensation of City Council members and Resolution establishing an expense reimbursement policy RECOMMENDED ACTION: Open the public hearing and accept public testimony on the ordinance then close the hearing. Introduce and waive first reading of the attached ordinance and direct staff to place the second reading and adoption of the ordinance on the consent calendar for the next regular Council meeting. Adopt the attached resolution. /'"""". REPORT: Background The attached ordinance and resolution implement portions of AB 1234, which became operative on January 1, 2006. AB 1234 sets specific standards governing compensation and reimbursement of City Council members and other appointed officials (such as Commissioners). Compensation is permitted in four situations: I) "A meeting of the legislative body"; 2) "A meeting of the advisory body"; 3) "A conference or organized educational activity"; 4) Other occurrences "if the governing body has adopted, in a public meeting, a written policy specifying other types of occasions that constitute the performance of official duties forwhich a member of the legislative body may receive payment." Gov. Code ~ 53232.1(a), (b). r AB 1234 further provides that an agency may reimburse elected officials and commissioners only if it has adopted in a public meeting, a written policy "specifying the types of occurrences that qualify [for] reimbursement of expense relating to travel, meals, lodging, and other actual and necessary expenses." Gov. Code ~ 53232.2(b). That policy must allow reimbursement of only "actual and necessary expenses incurred in the performance of official duties." Id. 1 Finally, AB 1234 also includes requirements for ethics training of members of a ......I local agency's legislative body and any appointed officials (e.g., Commissioners) who receive compensation or reimbursement for performance of their official duties, and/or of employees designated to receive training by a local agency. Staff will providing the City Council with additional information on the ethics training requirement at a later date. The ordinance and resolution attached to the staff report address only the compensation and reimbursement requirements of AB 1234. Proposed Ordinance and Resolution , The attached ordinance makes minor revisions to the City Code to ensure that it is structured in accordance with AB 1234. Section 2-10.180(a) of the Saratoga City Code relates to City Council compensation and reimbursement. According to Section 2- 1O.180(a), City Council members are to be paid $250 per month, which "constitute[s] an allowance for expenses necessarily incurred by Council members for travel and attendance at meetings, events, functions and activities within the County which the Council members are required or expected to attend by reason of their public office." These provisions can be read to permit reimbursement of expenses to Council members without a written reimbursement policy as required by AB 1234. The attached ordinance amends the Code to clarify that these stipends are purely compensatory in nature; they do not represent reimbursement for actual and necessary expenses relating to official duties ......I of the City Council. (Staff has reviewed the resolution setting compensation levels for members of the Planning Commission and concluded that no revisions to that resolution are required for compliance with AB 1234.) In order to ensure that reimbursement is available to Council members and Commissioners for costs incurred while on City business, the attached resolution adopts a reimbursement policy. The policy is based on the model reimbursement policy developed by the California League of Cities. ALTERNATIVES: The Council could elect to change the amount of compensation authorized in the ordinance. The Council could elect to adopt reimbursement policies that vary from the model policies in order to reflect local standards or a different policy on the reasonable scope of reimbursable expenses. 2 ....) FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: Draft Ordinance. Draft Resolution. 3 ., City of Saratoga Expense Reimbursement Policy Findings WHEREAS, the City of Saratoga ("City" or "Saratoga") takes its stewardship over the use of its limited public resources seriously. WHEREAS, public resources should only be used when there is a substantial benefit to the City. WHEREAS, such benefits include: I. The opportunity to discuss the community's concerns with state and federal officials; 2. Participating in regional, state and national organizations whose activities affect the City; 3. Attending educational seminars designed to improve officials' skill and information levels; and ' 4. Promoting public service and morale by recognizing such service. WHEREAS, I) legislative and other regional, state and federal agency business is frequently conducted over meals; 2) sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City's policy concerns; and 3) each meal expenditure must comply with the limits and reporting requirements oflocal, state and federal law. WHEREAS, this policy provides guidance to elected and appointed officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured. WHEREAS, this policy satisfies the requirements of Goverrnnent Code sections 53232.2 and 53233.3. WHEREAS, this policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources. WHEREAS, this policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws. WHEREAS, this policy also applies to any charges made to a City Cal Card, cash advances or other line of credit. Authorized Expenses City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements ofthis policy are met: I. Communicating with representatives of regional, state and national government on City-adopted policy positions; 2. Attending educational seminars designed to improve officials' skill and information levels; 3. Participating in regional, state and national organizations whose activities affect the City's interests; 4. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value arid cost); 5. Attending City events; and 6. Implementing a City-approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member. All other expenditures require prior approval by the City Council. The following expenses also require prior City Council approval: I. International and out-of-state travel; and 2. Expenses exceeding $250 per trip. Examples of personal expenses that the City will not reimburse include, but are not limited to: I. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including partner's expenses when accompanying official on agency- related business, as well as children- or pet-related expenses; 4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events; 5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and 2 '1, 6. Personal losses incurred while on City business. Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. Cost Control To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines. Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Charges for rental vehicles may be reimbursed under this provision if it is determined that using a rental vehicle is more economical than other forms of transportation. In making such determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation. Government and group rates must be used when available. Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (http://wviw.cacities.org/traveJ), the California State Association of Counties (http://www.csac.counties.org/default.asp?id=635) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy.l Automobile. Automobile mileage is reimbursed at Internal Revenue Service rates presently in effect (see http://www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. The Internal Revenue Service rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed. Car Rental. Rental rates that are equal or less than those available through the State of California's website (http://www.catravclsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement UI).der this policy. Taxis/Shuttles. Taxis or shuttles fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency. Lodging IThose rates can be accessed from the state's website without being a member of these programs by going to htto://wv,'w.catravelsmart.cOl11/default.htm and clicking on "Discount Travel Fares for Official Business." 3 " Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, the policy in the next section shall apply. Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at httJJ:llwww.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal to or less than' government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are presumed reasonable and hence reimbursable. 2 Meals Reimbursable meal expenses and associated gratuities will not exceed a total of $6'O/day. Such amounts will be annually adjusted to reflect changes in the cost ofliving in accordance with statistics published by the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for the Saratoga area. (The annual adjustment will be based on this area whether travel is within the area or not.) Telephone/F ax/Cellu lar Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business. For cellular calls when the official has a particular number of minutes included in the official's plan, the official can identify the percentage of calls made on public business. Internet Officials will be reimbursed for Internet access connection and/or usage fees away from home, not to exceed $15.00 per day, if Internet access is necessary for City-related business. Airport Parking 2 See Publication 1542 at www.irs.gov or www.policyworks.gov/perdiem). The site also has references to hotels that have government rates at or below Internal Revenue Service per diem limits. For example, for 2006, the standard per diem rate for lodging in the continental United States is $60. However the rate for the San Francisco area (as defined) is $130. 4 Long-term parking must be used for travel exceeding 24-hours. Other Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be reimbursed. Expenses for which City officials receive reimbursement from another agency are not reimbursable. Cash Advance Policy From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted to the City Manager or the City manager's designee 10 business days prior to the need for the advance with the following information: 1. The purpose of the expenditure(s); 2. The benefits of such expenditure to the residents of the City; 3. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and 4. The dates of the expenditure(s). Any unused advance must be returned to the City treasury within two business days of the official's return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy. In the event the City Manager is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Council. Credit Card Use Policy The City of Saratoga does not issue credit cards to individual office holders but does have a Cal Card it makes available for selected City expenses. City office holders may use the City's Cal Card for such purposes as airline tickets and hotel reservations by following the same procedures for cash advances. Receipts documenting expenses incurred on the City Cal Card and compliance with this policy must be submitted within five business days of use. The Cal Card may not be used for personal expenses, even ifthe official subsequently reimburses the City. Expense Report Content And Submission Deadline All cash advance expenditures, credit card expenses and expense reimbursement requests must 5 be submitted on an expense report form provided by the City. This form shall include the following advisory: All expenses reported on this form must comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the City's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability. Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities. Officials must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. Audits Of Expense Reports All expenses are subject to verification that they comply with this policy. Reports To City Council At the next City Council meeting, each official shall briefly report on meetings attended at City. If multiple officials attended, a joint report may be made. . Compliance With Laws City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act. Violation Of This Policy Use of public resources or falsifying expense reports in violation ofthis policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources. 6 " RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING A REIMBURSEMENT POLICY A. WHEREAS, section 53232.2(a) of the Govemment Code authorizes local agencies to "reimburse members of a legislative body for actual and necessary expenses incurred in the performance of official duties." B. WHEREAS, section 53232.2(b) of the Government Code requires local agencies who make such reimbursements to "adopt a written policy, in a public meeting, , specitying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expe~se relating to travel, meals, lodging, and other actual and necessary expenses." C. WHEREAS, section 2-1O.180(b) of the City Code provides that the City Council may, by resolution, establish a policy for the reimbursement of actual and reasonable expenses including, but not limited to, the cost of travel, meals, lodging and registration fees for attendance at meetings or functions as the designated representative of the City Council. D. WHEREAS the City believes that it is in the public interest to adopt a formal policy for reimbursement of expenses incurred by members of its legislative bodies in the course of their official duties. NOW THEREFORE BE IT RESOLVED THAT: The City Council shal1 adopt the attached policy, entitled "City of Saratoga Expense Reimbursement Policy." This resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 1 st day of March, 2006 by the fol1owing vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk 1 " ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PARKING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: I Section 1. Findings. The City Council finds and declares as follows: A. B. C. Section 2-1O.180(a) ofthe City Code requires'payment of $250 per month to members ofthe City Council. The City has determined that such payments should be solely for the purpose of compensation, not for reimbursement of expenses incurred in the performance of official duties. This ordinance amends the City Code to clarify that the monthly payments to the City Council are for purposes of compensation only. Section 2. Adoption. The Saratoga City Code is hereby amended by adding the text shown in bold italics (example) and deleting the text shown in strikeout (example) in the sections listed below: 2-10.180 (a) (b) Expense allowance. Each member of the City Council shall be paid the sum of two hundred fifty dollars per month for each month during which a Council member shall hold office. Such payment is to compensate City Council members for attendance at meetings of the City Council, meetings of advisory bodies, and conferences or organized educational activities. Stich pa)'lflellt shall constittite an allowance fur ellpellses necessarily inctiITed by Cetillcil members for travel and attendallce at meetillgs, e'lellts, flrnctions aIld activities within the COIrnty '""mch th,e Cotincil membem are reEluireEl er cJ[]lected to attenEl BY reason oftheir public office. The City Council shall may, by resolution, establish a policy for the reimbursement of actual and reasonable expenses ill additioll to those expenses referreEl to in subsectioll (a) Elf tlTis Section, including, but not limited to, the cost of travel, meals, lodging and registration fees for attendance at meetings or functions as the designated representative of the I Ordinance No. , City Council. Such policy may be amended from time to time by a resolution of the City Council. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the ~emaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. 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 Remainder of This Page is Intentionally Blank] 2 Ordinance No. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 1st day of March, 2006, and was adopted by the following vote following a second reading on the 15th day of March, 2006: AYES: NOES: ABSENT: Norman Kline MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: Cathleen Boyer CITY CLERK APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY 3 Ordinance No. ;, Sample Expense And Use Of Public Resources Policy Statementt Findings Whereas, [insert public agency name) takes its stewardship over the use of its limited public resources seriously. Whereas, public resources should only be used when there is a substantial benefit to the city/county/special district. Whereas, such benefits include: I. The opportunity to discuss the community's concerns with state and federal officials; 2. Participating in regional, state and national organizations whose activities affect the , city/county/district; 3. Attending educational seminars designed to improve officials' skill and information levels; and ' 4. Promoting public service and morale by recognizing such service. Whereas, I) legislative and other regional, state and federal agency business is frequently conducted over meals; 2) sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the city/county/district's policy concerns; and 3) each meal expenditure must comply with the limits and reporting requirements of local, state and federal law. Whereas, this policy provides guidance to elected and appointed officials on the use and expenditure of city/county/district resources, as well as the standards against which those expenditures will be measured. [For non-charter cities) Whereas, this policy satisfies the requirements of Government Code sections 53232.2 and 53233.3. [For charter cities: Whereas" this policy would satisfj; the requirements of Government Code sections 53232.2 and 53233.3 in the event such requirements could be constitutionally applied to charter cities.} DRAFTING NOTES 1 Local agencies that have authority to reimburse legislative body members for expenses incurred in the perfonnance of their official duties must adopt, in a public meeting, written expense policies that specify the types of occurrences which will be reimbursable. See Ca!. Gov't Code S 53232.2(b). The policy may also specify rates or default to Internal Revenue Service rates. See Ca!. Gov't Code S 53232.2(c). Whereas, this policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources? Whereas, this policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws.3 Whereas, this policy also applies to any charges made to a city/county/district credit card,4 cash advances or other line of credit. Authorized Expenses5 City/County/District funds, equipment, supplies (including letterhead), titles,6 and'stafftime must only be used for authorized city/county/district business7 Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met: I. Communicating with representatives of regional, state and national government on city/county/district adopted policy positions;8 2 See also Ca!. Gov't Code S 1223 (allowing an allowance or mileage rate for state, county, judicial district, or city officer's automobile owned, rented or used in perfonnance of duties); S 1091.5 (furding no impermissible interest in a contract if officer or employee is reimbursed actual and necessary expenses in performance of official duty); Cal. Water Code S 34741 ("Each director shall receive. ..expenses incurred in the perfonnance of his duties required or authorized by the board."); Ca!. Health & Safety Code S 32103 (allowing travel and incidental expenses incurred hospital district board members in the perfonnance of their official duties as approved by the board); Ca!. Gov't Code S 25008 (county supervisors are allowed expenses associated with traveling outside county on county business and to state association meeting); S 25305 (county may purchase automobiles for use of county officers and employees in lieu of mileage; county board may allow officers and employees using county automobiles their actual and necessary expenses when traveling on county business); See Ca!. Gov't Code S 36514.5 (city council members); 65 Ca!. Gp. Att'y Gen. 517, 521 (1982) (interpreting Government Code section 36514.5); Ca!. Health & Safety Code S 33114 (similar authority as to expenses of redevelopment agency members). 3 See, e.g., 26 D.S.C. S 162. 4 Because of the potential for confusing an agency credit card with a personal' card, a number of agencies have concluded it is wiser not to issue officials credit cards. This is consistent with state law that appears not to forgive inappropriate public agency expenses if they are reimbursed. In the prosecution of one county supervisor for personal use of public resources, the court concluded that reimbursement was not a defe!1se. See People v. Bishop, 2000 WL 520878 (2000) (conviction for personal and campaign use of county facilities and personnel). The court cited to People v. Dillon, 199 Ca!. I (1926), a case in which convictions were upheld on facts demonstrating that the city was reimbursed for money improperly disbursed by the defendant. While Dillon did not expressly reject a reimbursement defense, the court said the decision cannot be reconciled with such a defense. 5 This section is designed to satisfy Government Code section 53232.2(b), which requires local agencies to specify what types of occurrences qualify for reimbursement. 6 Some agencies allow elected officials to use their titles "for identification purposes only" as long as the communication makes it clear that the use of the title does not imply agency participation in or endorsement of a communication. 7 State law prohibits personal use of public resources. See, e,g., Ca!. Gov't Code S 8314 (making it unlawful for state or local officials to use public resources for personal or campaign purposes). 8 See Ca!. Gov't Code SS 50023 (legislative bodies of cities and counties may directly or through a representative attend legislative bodies and meet with representatives of executive agencies, and present information; cost and 2 " 2. Attending educational seminars designed to improve officials' skill and information levels; 9 3. Participating in regional, state and nationallO organizations whose activities affect the city 's/county 'sldistrict 's interests; I 4. Recognizing service to the city/countyldistrict (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost);l1 5. Attending city/countyldistrict events; 12 6. Implementing a city/countyldistrict-approved strategy for attracting or retaining businesses to the city/countyldistrict, which will typically involve at lea,st one staff member; and13 7. [For those agencies that pay meeting stipends, for example, water districts] Meetings such as those listed above for which a meeting stipend is expressly authorized under this policy. All other expenditures require prior approval by the city/countyldistrict governing body. 14 expense incident to such meetings are proper charges against the local agency); 53060.5 (cost of "attending" the Legislature and presenting information are proper charges against special districts; each district board member is allowed $.11 per mile for automobile travel and actual traveling expenses when traveling by public conveyance). 'See Madden v. Riley, 53 Cal. App. 2d 814,823,128 P.2d 602, 607 (1942) (propriety of conference expenses for networking purposes). 10 Some agencies may want to limit pre-approved travel to in-state travel only. This may be accomplished in the section that follows by requiring pre-approval for all out-of-state-travel. 11 Counties have specific statutory authority to honor those who have performed unique or noteworthy public service. See Cal. Gov't Code !i 26206 (specifying that such honors must be of nominal value and cost). See a/so 10 Cal. Gp. Att'y Gen. 18 (1947) (school district may issue recognition pins). 12 Agency officials may wish to consider whether attending certain agency events are expenses that officials should bear personally (or through their officeholder accounts under the Political Reform Act), particularly if attendance at such events is politically advantageous. 13 A consensus among the peer reviewers was that such meetings typically ought to involve the agency's economic development staff or chief administrative officer to insure the meetings are maximally productive. ]4 Any expense not authorized by the agency's expense reimbursement policy must be approved in advance at a public meeting of the governing body. See Cal. Gov't Code !i53232.2(f). 3 " The following expenses also require prior governing body approval: 1. International [and out-oj-state/5 travel; 2. Expenses which exceed the annual limits established for each office holder;16 and 3. Expenses exceeding $ . 17 per trIp. Examples of personal expenses that the city!county/district will not reimburse include, but are not limited to: I. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including partner's expenses when accomfanying official on agency- related business, as well as children- or pet-related expenses; 1 , 4. Entertairunent expenses, including theater, movies (either' in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events; 5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and 6. Personal losses incurred while on city!county/district business. Any questions regarding the propriety of a particular type of expense should be resolved by the approving authority before the expense is incurred. 15 For some agencies, pre-approval of Qut-of-state travel may not make sense, given the frequency with which such travel occurs or the proximity of state lines. 16 Some jurisdictions find it useful to set an annual per office holder "budget" for such expenses. Such a budget does not, however, excuse agency officials from making a determination that each expense complies with the agency's policy, the law and ethical considerations. A strong argument can be made that, effective January I, 2006, agencies may not pay flat monthly mileage allowances without requiring a mileage log or other proof of travel. See Cal. Gov't Code g53232.3(a)-(c). 17 The threshold for pre-approval of travel over a certain amount for any kind of travel is subject to conununity standards. \8 75 Cal. Gp. Att'y Gen. 20 (1992) (concluding there is no substantial public purpose associated with a public agency paying for spouse travel expenses). 4 Meeting Stipends 19 General Consistent with ,20 directors receive $ 21 per day ("daily meeting stipend") for each day's attendance at meetings, as defined in this policy. Such compensation is in addition to any reimbursement for meals, lodging, travel and expenses consistent with this policy. Meetings And Service Subject To Daily Stipend To De entitled to a daily stipend under this policy, the event in question must constitute one of the following: 1. A meeting of the district board within the meaning of Government Code section 54952.2(a);22 19 This section should only be included for those local agencies whose enabling acts provide for per-day meeting stipends. 20 Insert relevant code section establishing meeting stipend amounts and limits for type of agency. 21 Insert amount that does not exceed statutory limits. State law limits direct compensation for some local officials. These limits do not apply to any local agency that pays compensation in the form of a salary, including members of the board of directors of irrigation districts which provide electricity, directors of utility districts with boards having seven members and harbor district directors. The limits apply primarily to officials of independent districts who do not fall within these last two exceptions. With regard to nonsalaried officials, a stipend for attending a meeting or for a day of service can be paid for: a meeting of any "legislative body" of the agency (as Government Code section 54952 defines that term), a meeting of an advisory body (such as a less-than-a-quorum, temporary, ad hoc advisory subconunittee of a legislative body), and conference attendance including ethics training conferences, assuming that the stipend is authorized by another statute. Ca!. Gov't Code ~ 53232.I(a). If the agency wishes to compensate officials for attendance at other events, it may do so "only ifthe governing body has adopted, in a public meeting, a written policy specifying" the other events which constitute "the performance of official duties" allowing compensation. Ca!. Gov't Code ~ 53232.1(b). City councils fix the compensation of all appointive officers and employees by resolution or ordinance. Cal. Gov'! Code ~ 36506. We believe this statute provides authority to compensate city 'appointive officers and employees and reimburse expenses. For counties, the board of supervisors prescribes the compensation of all county officers and shall provide for the number, compensation, tenure, appointment and conditions of employment of county employees. Except as otherwise required by Article XI of the California Constitution, such action may be taken by resolution of the board of supervisors as well as by ordinance. Ca!. Gov't Code ~ 25300. Note, however, that unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to elected city council members in excess of the schedules authorized under the Government Code. See Ca!. Gov't Code ~ 36516(d). Ifa statute provides for additional council member compensation for serving on a commission--but that statute does not specify an amount of compensation-- the compensation is $150 per month. See Ca!. Gov't Code ~ 36516(d). If a cornmunity development conunission is formed to oversee redevelopment functions, commissioner compensation may not exceed $75 per commissioner per meeting, with a maximum of two meetings ($150) per month. See Ca!. Health & Safety Code ~34130.5(b). Ifa community development commission is fanned to oversee both redevelopment and housing authority functions, commissioner compensation may not exceed $150 per commissioner per meeting, with a maximum of two meetings ($300) per month. See Ca!. Health & Safety Code ~34130.5(c). 22 See Ca!. Gov't Code ~ 53232.I(a)(I) (authorizing that compensation be paid at meeting of a legislative body and tying it to the definition of meeting in section 54952.2(a), which reads as follows: 5 2. A meeting of a district committee within the meaning of Government Code section 54952(b );23 3. An advisory body meeting within the meaning of Government Code section 54952(b);24 or 4. A conference or organized educational activity conducted in compliance with Government Code section 54952.2(c), including ethics training required by Government Code sections 53234 and following25 5. A meeting of any multi-jurisdictional governmental body on which the district director serves as the district's designated representative.26 6. Any meeting attended or service provided on a given day at the formal request ofthe district board and for which the district board approves payment of a daily meeting . dD ' stJpen . As used in this chapter, "meeting" includes any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains.) 23 That section reads as follows: A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or fonnal action of a legislative body are legislative bodies for purposes of this chapter. See Ca!. Gov't Code ~ 53232.1(a)(2). 24 See Ca!. Gov't Code ~ 53232.. 1 (a)(2) (authorizing that compensation be paid at meeting of an advisory body). See a/so Ca!. Gov't Code ~ 54952(b) ("advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body"). 25 See Ca!. Gov't Code ~ 53232..1(a)(3) (authorizing that compensation be paid at conferences or organized educational activities). 26 See Ca!. Gov't Code ~ 54952.2(a). That section reads as follows: (a) As used in this chapter, "meeting" includes any congregation ofa majority of the members ofa legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains. Note that this is the test for meeting suggested by the Association for California Water Agencies in its sample policy on directors' compensation and expense reimbursement. See Ca!. Gov't Code ~ 53232.I(a)(3). 27 Check to make sure your district's enabling act includes authorization for payment of a daily stipend for non-meeting expenses. 6 4, Aggregate Limits The number of days for which a district director receives a daily stipend will not exceed the aggregate limits established by state law.28 Cost Control29 To conserve city/county/district resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the city/county/district will be limited to the costs that fall withil). the guidelim:s. Transportation30 The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Charges for rental vehicles may be reimbursed under this provision if more than one city/county/district official is attending an out of town conference, and it is determined that sharing a rental vehicle is more economical than other forms of transportation. In making such determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation. Government and group rates.must be used when available31 Airfare. Airfares that are equal or less than those available through the Enhanced Local 28 See foomote 19 above for examples. 29 Some agencies have chosen (usually through a request for proposals process) to work with a single travel agency to promote cost control and accountability on airline flights and lodging. Another option is to limit the number of staff who can contact the travel agency to book or change travel plans. 30 The sample policy reflects the requirement that local reimbursement policies either specify reasonable reimbursement rates or use IRS rates for travel, meals, lodging and other authorized expenses. See Ca!. Gov't Code S 53232.2(c). This requirement, as well as the requirement that expenses be reimbursed after the fact based on receipts supports the view that vehicle allowances are not permitted. See Cal. Gov't Code ~ 53232.3. Nevertheless, a statute that permits a vehicle allowance still exists. See Ca!. Gov't Code S 1223 (allowing an allowance or mileage rate for state, county, judicial district, or city officer's automobile ovmed, rented or used in perfonnance of duties). Even if the validity of vehicle allowances was not in question, however, using the more typical Internal Revenue Service Code mileage rate for distance actually traveled avoids questions' over the amount of any such allowance. See Albright v. City of South San Francisco, 44 Ca!. App. 3d 866,118 Ca!. Rptr. 901 (1975) (successful challenge to a flat expense allowance for non-itemized expenses that was not supported by an ordinance or resolution finding such expenses were actual, necessary or beneficial to the public). The court found the allowance violated the law as an unlawful gift of public funds. See Ca!. Const. art. XVI, S 6. Note that there is a special statutory reimbursement rate for special district directors traveling on legislative business. See Ca!. Gov't Code S 53060.5 (cost of "attending" the Legislature and presenting information are proper charges against special districts; each special district board member is allowed $.11 per mile for automobile travel and actual traveling expenses when traveling by public conveyance). 3\ See Ca!. Gov't Code S 53232.2(e) ("Members of the legislative body shall use government and group rates offered by a provider of transportation or lodging services for travel and lodging when available."). 7 .. Government Airfare Program offered through the League of California Cities 0, the California State Association of Counties (http://www.csac.countics.org/default.asp?id=635) and the State ofCalifomia are presumed to be the most economical and reasonable for purposes of reimbursement under this policy.32 Automobile. Automobile mileage is reimbursed at Internal Revenue Service rates presently in effect (see). For 2006, the rate is 44.5 cents per mile. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle33 This amount does not include bridge and road tolls, which are also reimbursable. The Internal Revenue Service rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed. Car Rental. Rental rates that are equal or less than those available through the State of California's web site (http://www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy. Taxis/Shuttles. Taxis or shuttles fares may be reimbursed, including ,a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency. Lodging34 Lodging expenses will be reimbursed or paid for when travel on official city/ county/district "Those rates can be accessed from the state's website without being a member of these programs by going to htto://www.catravelsmart.com/default.htm and clicking on "Discount Travel Fares for Official Business." 33 The sample policy reflects the requirement that local reimbursement policies either specify reasonable reimbursement rates or use Internal Revenue Service rates for travel, meals, lodging and other authorized expenses. See Cal. Gov't Code 9 53232.2(c). This requirement, as well as the requirement that expenses be reimbursed after the fact based on receipts supports the view that vehicle allowances are not pennitted. See Cal. Gov't Code 9 53232.3. Nevertheless, a statute that pennits a vehicle allowance still exists. See Cal. Gov't Code 9 1223 (allowing an allowance or mileage rate for state, county, judicial district, or city officer's automobile owned, rented or used in perfonnance of duties). Even if the validity of vehicle allowances was not in question, however, using the more typical Internal Revenue Service, Code mileage rate for distance actually traveled avoids questions over the amount of any such allowance. See Albright v. City of South San Francisco, 44 Cal. App. 3d 866, 118 Cal. Rptr. 901 (1975) (successful challenge to a flat expense allowance for non-itemized expenses that was not supported by an ordinance or resolution finding such expenses were actual, necessary or beneficial to the public). The court found the allowance violated the law as an unlawful gift of public funds. See Cal. Const. art. XVI, 9 6. Note that there is a special statutory reimbursement rate for special district directors traveling on legislative business. See Cal. Gov't Code 9 53060.5 (cost of "attending" the Legislature and presenting infonnation are proper charges against special districts; each special district board member is allowed $.11 per mile for automobile travel and actual traveling expenses when traveling by public conveyance). 34 A local expense reimbursement policy may specify what constitutes reasonable rates for lodging. If the policy does not, then the reimbursable rates default to those specified in the Internal Revenue Service guidelines. See Cal. Gov't Code 953232.2(c). See also Publication 1542 at www.irs.govorwww.policyworks.gov/perdiem. An agency may want to provide guidance on what some circumstances reasonably requiring an overnight stay (for example, by distance or hours of travel from the agency's location). 8 business reasonably requires an overnight stay. 35 Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time ofbooking.36 If the group rate is not available, see next section. Other Lodging. Travelers must request government rates, when available. 37 A listing of hotels offering government rates in different areas is available at http://www.catravelsmart.com/lodguidefi.ames.htm. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this poliey. Option #1 (Median Hotel Cost):38 In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the median retail price for lodging for that area listed on websites like www.priceline.com or an equivalent service shall be considered reasonable and hence reimbursable.39 , Option #2 (Flat Cap). In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed $ I 50 per night40 are presumed reasonable and hence reimbursable. Option #3 (IRS Rates). In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are presumed reasonable and hence reimbursable. 41 35 An agency may want to provide guidance on what some circumstances reasonably requiring an overnight stay (for example, by distance or hours of travel from the agency's location). 36 See Ca!. Gov't Code ~53232.2(d). If those rates are not available at the time the lodging is booked, the lodging rates mnst be comparable to those allowed by the Internal Revenue Service or government rates. Id. 37 Local agency officials must use group or government rates for non-conference-related lodging and transportation services. See Ca!. Gov't Code ~53232.2(e). The Internal Revenue Service establishes per diem thresholds for employees; any amounts in excess of the per diem for a given area is treated as additional wages for tax pwposes. For example, for 2006, the standard per diem rate for lodging in the continental United States is $60. However the rate for the San Francisco area (as defmed) is $130. 38 Select the option that best works for your agency. 39 With wv,.'w.oriceline.com, one has the option of specifying what quality of hotel (for example, "3 Star, Moderate-Upscale"); and agency's policy could specify maximum quality tluesholds to provide further guidance. 40 Or any other threshold that meets cornmunity standards. 41 See Publication 1542 at www.irs.gov or www.policyworks.gov/perdiem). The site also has references to hotels that have government rates at or below Internal Revenue Service per diem limits. For example, for 2006, the standard per diem rate for lodging in the continental United States is $60. However the rate for the San Francisco area (as defined) is $130. 9 Meals Reimbursable meal expenses and associated gratuities will not exceed the following rates:42 Breakfast $12 Lunch $18 Dinner $35 Such amounts will be annually adjusted to reflect changes in the cost ofliving in accordance , , with statistics published by the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index, all urban consumers for the Metropolitan Area. (The annual adjustment will be based on this area whether travel is within the area or not.) [The citylcounty/district will not pay for alcohollpersonal bar expenses.f3 Telephone/F axlCellu lar44 Officials will be reimbursed for actual telephone and fax expenses incurred on citylcounty/district business. Telephone bills should identify which calls were made on citylcounty/district business. For cellular calls when the official has a particular number of minutes included in the official's plan, the official can identify the percentage of calls made on public business. Internet Officials will be reimbursed for Internet access connection and/or usage fees away from home, not to exceed $15.00 per day, if Internet access is necessary for citylcounty/district-related business. 42 A local expense reimbursement policy may specify what constitutes reasonable rates for meals. If the policy does not, then the reimbursable rates default to those specified in the Internal Revenue Service guidelines. See Ca!. Gov't Code 953232.2(c). See also Publication 1542 at www.irs.govorwww.policyworks.gov/perdiem. The Internal Revenue Service establishes per diem thresholds for employees; any amounts in excess of the per diem for a given area is treated as additional wages for tax purposes. For example, for 2006, the standard per diem rate for meals and incidental expenses in the continental United States is $39. However the rate for Los Angeles. San Francisco, and San Diego areas (as defined) is $64. An alternate approach is to set a maximum daily reimbursement amount for meals, including beverages and tips. One agency's reimbursement policy provides for a higher maximum daily reimbursement amount for specific "high cost" cities. 43 Alcohol-related expenses should or should not be reimbursed according to COIlll11unity standards. An alternative to an all or nothing policy on alcoholic beverages is to give specified management-level employees authority to engage in "third policy hosting expenses" for alcoholic beverages. 44 Note that it may be an effective cost control measure to provide elected officials with access to agency telephones and faxes for official business and not to reimburse for calls and faxes made on personal equipment. 10 Airport Parking " Long-term parking must be used for travel exceeding 24-hours. Other Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be reimbursed. Expenses for which city/county/district officials receive reimbursement from another agency are not reimbursable. Cash Advance Policy From time to time, it may be necessary for an official45 to request a cash advance to cover anticipated expenses while traveling or doing business on the city/county/district 's behalf. Such request for an advance should be submitted to the [indicate whoml6_days prior to the need for the advance with the following information: 1. The purpose of the expenditure(s); 2. The benefits of such expenditure to the residents of city/county/district; 3. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and ' 4. The dates of the expenditure(s). Any unused advance must be returned to the city/county/district treasury within tw047 business days48 of the official's return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy. In the event [indicate who will be processing such requests] is uncertain as to whether a request complies with this policy, such individual must seek resolution from the city/county/district governing board. Credit Card Use Policy City/county/district does not issue credit cards to individual office holders but does have an 45 Some agencies limit cash advances. One approach i3 to make cash advances only available for line (less well compensated) staff and elected and appointed officials in the amount of the recommended Intemal Revenue Service per diem for the area being traveled to. Another is to offer partial cash advances. 46 For example, agency manager for elected officials and supervising department heads for staff. 47 Other time thresholds may be appropriate. 48 Choose a time period that is practical, but also is mindful of legal restrictions that exist with respect to having extended access to agency cash. This issue is analogous to the "float" issue when officials use agency credit cards for personal purposes. See Ca!. Penal Code !}424. 11 agency credit card for selected city/county/district expenses.49 City/county/district office holders may use the city/county/ district's credit card for such purposes as airline tickets and hotel reservations by following the same procedures for cash advances. Receipts documenting expenses incurred on the city/county/district credit card and compliance with this policy must be submitted within five business days of use. 50 City/County/District credit cards may not be used for personai expenses, even if the official subsequently reimburses the city/county/district.51 Expense Report Content And Submission Deadline All cash advance expenditures, [credit card expenses] and expense reimbursement requests must be submitted on an expense report form provided by the city/county/ district. [This form shall include the following advisory: All expenses reported on this form must comply with the city/county/ district's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the city/county/ district's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability.] Expense reports must document that the expense in question met the requirements of this policy.52 For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the city/county/ district's adopted legislative positions and priorities. 49 The decision on whether to issue agency credit cards to individuals is a policy determination. Many experienced administrators advise against issuing agency credit cards to either elected officials or staff because of the potential for inadvertent use for personal purposes and the legal questions about whether one can be protected from civil and criminal liability by reimbursing the agency. (See footnote 3). An alternative used by some public agencies is the Cal-Card program, which provides for specific dollar limits per card holder and can be restricted for use with certain kinds of vendors. The Cal-Card provides a clear audit/documentation trail. The program is administered through a master contract with the State of California. For more information, see www.documents.dgs.ca.gov/pdlcalcardlcalcardreq.pdf. Potential alternative language if an agency does issue credit cards is as follows: City/County/District officials with citylcounty/district credit cards may only use those cards for official agency business consistent with this expense policy. Credit card expenses will be periodically reviewed by the governing body or its designee. Each credit card holder will, as a part of that individual's expense report, document compliance with this expense policy. " Choose a time period that is practical, but enables agency financial staff to verify charges on the credit card montWy bill. 51 Note that this provision can be useful even if an agency does not issue credit cards to individuals because it establishes that using a central credit card for personal purposes is impermissible. " Local agencies must use expense report forms. See Cal. Gov't Code ~53232.3(a). All expenses must be documented with receipts. See Cal. Gov't Code ~53232.3(c). These documents are, of course, public records subject to disclosure. See Cal. Gov't Code ~53232.3(e). 12 , Officials must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts pocumenting each expense.53 Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. ' Audits Of Expense Reports All expenses are subject to verification that they comply with this policy. Reports To Governing Board At the following city/county/district governing body meeting, each official shall briefly report on meetings attended at city/county/district expense54 If multiple officials attended, a joint report may be made.55 Compliance With Laws City/County/District officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws.56 All agency expenditures are public 53 An expense reimbursement policy must specify what constitutes a "reasonable time" within which requests for reimbursement must be submitted. See Cal. Gov't Code ~53232.3(c). If the deadline for expense reimbursement requests is too long or non-existent, it may be difficult to remember why certain expenses were incurred. Moreover, there may be audit issues in tenns of recognizing the expense in the proper year. Finally, the Internal Revenue Service requires that expenses that are reimbursed after 60 days be reported as income to reimburse. Under an "accountable plan," expense reimbursements are not taxable to the employee; however, if the employee does not submit their substantiated claim for reimbursement within 60 days of the expenditure, then the reimbursement is taxable to the employee and reported in Box I of Form W-2. Se discussion begirming on page 10 htto://www.irs.!Zov/uub/irs-odf/o15 05.vdf, discussion beginning on page 27 httn://www.irs.12ov/vublirs- odfip463.pdf, and discussion beginning on page 48 htto:iiwww.irs.gov/pubiirs-pdf/p53S.Ddf: " See Ca!. Gov't Code ~53232.3(d). Presumably this can be either a written or oral report. The report should be agendized in some manner, both to remind the official of the obligation to report and to comply with Brown Act requirements. 55 In making ajoint report, officials should be mindful about open meeting laws governing communications among members ofa legislative body. There is a conference exception to the Brown Act, as long as a majority of the members of a legislative body does not discuss among themselves business that is within the subject matter jurisdiction of the local agency (other than as part of the scheduled program). See Ca!. Gov't Code ~ 54952.2(c)(2). Officials should not discuss among themselves the content of a joint report in advance of a public meeting. Simply asking one official to be the lead on the report during the public meeting and then asking others if anything was omitted should avoid Brown Act issues. 56 For example, meals are considered "gifts" to legislators that must be reported by them if the total value of gifts given ftom the agency exceeds $50 in a year; there also is an annual gift limit. In 2003-2004, this limit is $340. See Cal. Gov't Code ~ 87103(3). Registered lobbyists, by contrast, are limited to gifts of$1O per month. See Ca!. Gov't Code ~~ 86201-86204. 13 . records subject to disclosure under the Public Records Act [and other laws/7 Violation Of This Policy Use of public resources or falsifying expense reports in violation of this policy may result in any or all ofthe following: I) loss of reimbursement privileges, 2) a demand for restitution to the I city/county/district, 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.58 1/4/2006 57 See generally Ca!. Gov't Code SS 6250 et seq. (California Public Records Act). Special districts have an additional obligation to prepare and annual summary of expense reimbursements over $100 and make those available for public disclosure. Ca!. Gov't Code S 53065.5. 58 See Ca!. Gov't Code S 53232.4. 14 SARATOGA CITY COUNCIL MEETING DATE: March 1, 2006 ::::~..:5m~ Cathleen Boyer, City Clerk AGENDA ITEM: 3 ,r-. CITY MANAGER: DEPTHEAD: 62 J ~/ Dave Anderson, City Manager SUBJECT: Request to Augment the Countywide Household Hazardous Waste Collection Program RECOMMENDED ACTION: Accept report and adopt budget resolution augmenting the Household Hazardous Waste Program for the remainder of FY 05-06. REPORT SUMMARY: On May 4, 2005 the City Council approved the Second Amendment to the Agency Agreement r-- for Countywide Household Hazardous Waste Collection Program that extended the contract one more year. Every year the City has agreed to augment the program for the purpose of increased resident participation above the 3% base level of service. In FY 2003-2004 the augmentation was $50,000, FY 2004-2005 the augmentation was reduced by $10,000. Due to Citywide budget constraints staff did not recommend any additional funding to this program for FY 05-06. Saratoga has historically generated less solid waste per capita than other jurisdictions. City' residents have a high level of environmental awareness which minimizes solid waste tonnage going for disposal, which of course is what the AB 939 solid waste tipping fee is based on. The tipping fee generates approximately $33,000 per year for the City's HHW services. The funding available to serve residents does not support the minimum level of service (3% of households in each jurisdiction) that was the basis for the tipping fee. To compound matters, a higher than average number of household from Saratoga request services. The countywide average is roughly 4% of households, historically, 8% of Saratoga households request service. Additionally, Universal Waste (batteries, florescent bulbs, e-waste) were banned by the State Legislature February 9 of this year and will significantly increase the demand for HEW services. r--- On November 22, 2005 the City received a letter from Rob D' Arcy, Hazardous Materials Program Manager, indicating that as of November 19, 2005 the HHW Program provided service to 316 Saratoga residents and would not be able to provide any additional service for the reminder of the fiscal year. Mr. D'Arcy once again requested that the Council consider a $25,000 augmentation to the program. Since December 2005 the HHW Program staff has been referring all Saratoga calls to the City Clerk's Office. Staff has received approximately 300 calls smce that time. . Staff has referred residents to alternative sites to dispose of batteries, motor oil, and florescent light bulbs. Unfortunately alternative disposal sites for the following items are not available: latex/oil base .....I paint, pesticides and other household chemicals. In addition to the public's need for this service, the City's National Pollutant Discharge Elimination System (NPDES) Permit, the Pesticide Management Plan (PMP) and Saratoga's Work Plan for FY -05-06 all indicate the City's obligation to proved disposal sites to its residents. In March of 2007 when the new solid waste contract goes into effect there will be a permanent site for City residents to use for the following types waste: e-waste, batteries, motor oil, and florescent light bulbs. This will reduce the need for City residents to use the County's HHW program for these types of waste and therefore the need to augment the HHW Program will be reduced significantly. ' FISCAL IMPACTS: For the remainder of Fiscal Year 05/06 the cost to the City will be $20,000. For next year it will be approximately $23,000 for the months of July 1, 2006 through March Ii 2007. There are sufficient funds in the Environmental Services Fund unallocated ballp1ce to fund this program. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not be providing HHW Program services for the residents for the r~inder of the .....I FY 05-06. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: If Council elects to augment program a certified copy of the resolution would be sent to Rob Darcy, Household Hazardous Waste Program, Santa Clara Count Department of Environmental Health. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Letter from Rob D' Arcy dated November 22, 2005 Attachment B - California Environmental Protection Agency News Release - Universal Waste Attachment C - Budget resolution ...."I 20f2 .4'I<Ir County of Santa Clara " lenvironmental Hesources Agency .cpartmenl of Environmenlal Health Haz{]rdous :\1aICrials Compliance Division 1555 Berger Drive. Suite 300 San Jose, California 951 12-2716 (4081 918-3400 FAX (408) 28CH3479 wVI/\V.EHinfo,org NOV 2 g 2005 G CiTY OF SARATOG.l\ I C7! 61cj euJ November 22, 2006 Mr. Dave Anderson City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070-5199 Dear Mr. Anderson: . On May 4,2005, I presented information to the City Council hopihg to persuade them to augment the Countywide Household Hazardous Waste (HHW),Program budget for Fiscal Year 2005/2006. The augmentation would have provided funding to satisfy all Saratoga resident's request for service. The City Council did not augment the budget. At the time, 1 provided historical participation data supporting an appropriate augmentation ($25,000) to the AB 939 Implementation Fee (Fee). The Fee is collected at the landfills on the City's behalf and funds approximately 330 residents each fiscal year. Without the recommended augmentation the service cannot be provided to additional residents. As of November 19, 2005, the HHW Program has provided service to 316 Saratoga residents and will be unable to provide any additional service for the remainder of the fiscal year without an augmentation. In order to lessen the burden on the budget, the traditional HHW mobile event, usually held the third week of October at West Valley College, was cancelled. We do, however anticipate service demands by Saratoga residents for the remaining seven months of the fiscal year and recommend an augmentation of $25,000. Stan-would be instructed to turn residents away fronl the collrction facilities ifan augmentation is not allocated. Please let me know how you would like us to handle your residents or a contact at the City who we may direct residents to. I have attached a copy ofthe presentation to the City Council and a current participation report for you review, Please call me direct with instructions. I can be reached directly at (408) 918-1967. Thank you for your consideration. . Sincerely, C&~ ~L._... Rob D'Arcy () Hazardous Materials Program Manager Board of supervisors: Donald F Gage. Blanca Alvarado, Pete MCHugh. James T. Beall. Jf., Liz Kniss COUIllY Executive: Peler Kutras. Jf ~ ~ ~ CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY NEWS RELEASE Department of Toxic Substances Control T - 07 - 06 For Immediate Release January 23, 2006 Contact: Ron Baker 916.324.3142 New Waste Disposal Rules Apply to Batteries, Fluorescent Li9l:1ts Four-Year Exemption for Households, Small Businesses to Expire SACRAMENTO - The Department of Toxic Substances Control (DTSC) today announced new waste disposal rules affecting households and small businesses will go into effect Feb. 9. The rules relate to products containing mercury or heavy metals, includiilg batteries and fluorescent lights, which are considered universal waste in California. Since 2002, households and small businesses have been exempt from the state's Universal Waste Rule, which applies to certain hazardous wastes generated by a wide variety of people. The exemption was intended to give local agencies more time to develop the infrastructure to collect and properly dispose these materials. Under the rule, "universal waste" is defined as batteries, mercury thermostats, fluorescent lights, cathode ray tube devices (computer monitors, televisions), mercury thermometers, and other products containing mercury or other heavy metals. "These materials can endanger public health and harm the environment when improperly disposed," said DTSC Director Maureen Gorsen. "Our goal is encourage Californians to recycle or properly dispose fluorescent lamps, batteries, thermostats and,electronic devices." Although the household and small business exemptions sunset on Feb. 8, Gorsen said DTSC will focus enforcement efforts on illegal dumping and egregious violations involving large quantities of universal waste. "We realize some communities offer more convenient disposal and recycling options than others," said Gorsen. "So we will continue to work with other agencies and retailers to offer convenient disposal and recycling options, and will continue to educate the public about the proper disposal of these products." _uMOREu- DTSC News Release Page 2 January 23, 2006 " Mercury, released into the environment through the improper disposal of mercury-containing products, is a known neurotoxin. Exposure to high levels of mercury can permanently damage the brain, kidneys, and developing fetuses. Short term exposure may damage lungs, cause nausea, vomiting, increases in blood pressure, skin rash and eye irritation. A complete list of universal waste products, and information about disposal and recycling options, is available on the DTSC Web site at http://www.dtsc.ca .Qov/Haza rdousWaste/U niversa IWaste/index .cfm ### The Department of Toxic Substances Control's mission is to restore, protect, and enhance the environment and ensure public health, environmental quality and economic vitality by regUlating hazardous waste, conducting and overseeing cleanups, and developing and promoting pollution prevention.