HomeMy WebLinkAbout06-18-2003 City Council Agenda Packeti
CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
JUNE 18, 2003
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CALL MEETING TO ORDER - 6:00 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
ADJOURNED TO CLOSED SESSION - 6:00 P.M.
Conference With Labor N~otiators Government Code section 54957.6):
Agency designated representatives: Lorie Tinfow, Assistant City Manager &
Jesse Baloca, Administrative Services Director
Employee organization: SEA
Conference With Leal Counsel -Initiation of litigation (Section 54956.9(c)) (1 potential
case)
Conference with Leal Counsel -Threatened Litigation: Significant exposure to
litigation pursuant to Government Code section 54956.9(b): (1 potential case)
Conference With Legal Counsel- Existing Litigation
Name of case: Parker Ranch Homeowners Association, et al, v. Tsung-Ching Wu,
et al. (Santa Clara County Superior Court Case Number CV797015}
•
REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
MAYOR'S REPORT ON CLOSED SESSION
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
ARCHIVE COPY
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
June 13, 2003)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC •
Oral Communications on Non-Aaendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Cou»cil may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Communications from Boards and Commissions
None
Written Communications
None
Oral Communications -Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS .
lA. Commendation for Outgoing Arts Commissioner Sylvia Wohlmut
Recommended action:
Read commendation
1B. Commendation for Outgoing Youth Commissioner Andy Miller
Recommended action:
Read commendation.
SPECIAL PRESENTATIONS
2. Presentation -Leon Beauchman, Director External Affairs/Pacific Bell SBC
Request for Support of Legislation Action AB1389
Recommended action:
Hear presentation and consider adoption of resolution.
U
CONSENT CALENDAR
•
•
C
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 nzay speak town 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.
3A. Review of Check Register
Recommended action:
Approve check register.
3B. Budget Monitoring Report for the Third Quarter Ending March 2003
Recommended action:
Accept report.
3 C. Planning Action Minutes -June 11, 2003
Recommended action:
Note and file.
3D. Sazatoga Speed Zone Study
Recommended action:
Adopt ordinance; adopt resolution accepting Traffic Engineers' Report..
3E. Resolution Appointing Jessica Claus to the Xouth Commission
Recommended action;
Adopt resolution.
3F. Notice of Completion -North Campus Fence Project
Recommended action:
Accept North Campus Fence Project as complete and direct staff to record Notice
of Completion.
3G Granting Of Community Development Block Grant (CDBG) Funds for Septic
Abatement
Recommended action:
Adopt resolution.
3H. Resolution Amending Council Agency Assignment for Chamber of Commerce
Recommended action:
Adopt resolution.
3I. Funding Agreement for Saratoga Sunnyvale Road Improvement Project with the
Santa Clara Valley Transportation Authority (VTA)
Recommended action:
Authorize City Manager to execute Funding Agreement.
3J. Letter of Understanding Between the City of Saratoga and the Saratoga
Employee's Association (SEA) •
Recommended action:
Adopt resolution and approve MOU.
3K. Intent to Amend PERS Contract to Include Military Service Credit as Public
Service Option
Recommended action:
Adopt resolution.
PUBLIC HEARINGS
None
OLD BUSINESS
4. Saratoga Library Project Update
Recommended action:
Increase total approved for the purchase and installation of track lighting and
authorize change order to Public Works contract with Duran & Venables.
5. Annexation of the Parcels of Land on Redberry Drive
Recommended action:
Adopt resolution.
6. Future Use of the North Campus
Recommended action:
Accept report and direct staff accordingly.
NEW BUSINESS
Year-round Decorative Lighting Options in the Village Business District
Recommended action:
Accept report and direct staff accordingly.
Options For Annexation of lands Within Urban Service Boundary
Recommended action:
Accept report and direct staff accordingly.
Approval of Agency Agreements for an Increase in Countywide AB939
Implementation Fee and Household Hazardous Waste Collection Program
Recommended action:
Authorize City Manger to execute Agency Agreements.
10. Response to Governor's Proposal to Suspend State Mandate
Recommended action:
Informational only.
r
r 1
I~ J
AGENCY ASSIGNMENT REPORTS
Agency Councilmember Alternate
Association of Bay Area Government Kline Bogosian
Chamber of Commerce Kline King
County Cities Association Leg. Task Force Waltonsmith Streit
County HCD Policy Committee Bogosian King
Emergency Planning Council Bogosian King
Hakone Foundation Liaison Streit/Waltonsmith -
KSAR Community Access TV Board King Kline
Library Joint Powers Association Kline Bogosian
Northern Central Flood Control Zone Advisory King Bogosian
Board
Peninsula Division, League of California Cities Kline Waltonsmith
Santa Clara County Valley Water Commission Streit King
Santa Clara County Cities Association Streit Waltonsmith
SASCC Liaison Waltonsmith Streit
Saratoga Business Development Council Streit Kline
Silicon Valley Animal Control JPA Bogosian Streit
Sister City Liaison King Waltonsmith
Valley Transportation Authority PAC Waltonsmith Kline
West Valley Solid Waste Joint Powers Association King Kline
West Valley Sanitation District Bogosian Streit
CITX COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (908) 868-1269.
Notification 98 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
71)
5
REVISED -CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2003
7/2 Regular Meeting
7/] 6 Regular Meeting
8/6 Regular Meeting -City Manager Evaluation
8/20 Summer Recess
9/3 Regular Meeting
9/17 Regular Meeting
10/1 Regular Meeting
10/IS Regular Meeting
11/5 Regular Meeting
11/19 Regular Meeting
12/3 Regular Meeting
12/9 Special Meeting -Council Reorganization
12/17 Regular Meeting
6
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003
ORIGINATING DEPT: City Manager
PREPARED BY:
AGENDA ITEM: ~ ~ ^^~~ ~ ~
CITY MANAGER: ~~G%G-c---
DEPT HEAD:
SUBJECT: Commendation for Outgoing Arts Commissioner Sylvia Wohlmut
RECOMMENDED ACTION:
Read commendation.
REPORT SUMMARY:
Attached is a commendation fof Sylvia Wohlmut. Mrs. Wohlmut has served on the Arts
.Commission since February 2, 2002. Unfortunately, after 20 years in the City of Saratoga she and.
her husband aze relocating out of state.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
City Clerk to send Mrs. Wohlmut her commendation.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A -Copy of commendation.
ACTION:
RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SARATOGA
COMMENDING
SYLVIA WOHLMUT
FOR HER SERVICE ON THE
ARTS COMMISSION
WHEREAS, Sylvia Wohlmut has served on the Arts Commission since
February 6, 2002; and
WHEREAS, Sylvia worked on the Arts Commission Subcommittees that
focused on events and publicity; and
WHEREAS; Sylvia worked on creating a publicity kit and established contacts
with KSAR; and
WHEREAS, Sylvia was instrumental in acquiring information from a
publisher in the Netherlands regarding copyright issues for a public art piece (the
preschool mural); and
WHEREAS, Sylvia helped establish the first Art in the Park, creating t-shirts
and publicizing the event; and
WHEREAS, Sylvia has been a dedicated and hard working Arts
Commissioner, her contributions and "word-smithing" are greatly appreciated by the
City Council and the staff; and
WHEREAS, the City Council of the City of Saratoga is proud of the citizens
who contribute time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Sylvia Wohlmut is hereby
commended and thanked for her hard work and dedication on the Arts Commission;
and
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this
18th day of June 2003.
Nick Streit, Mayor
City of Saratoga
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003 AGENDA ITEM:
ORIGINATING DEPTC it\ anager CITY MANAGER: ~~~
PREPARED B ~ DEPT HEAD:
SUBJECT: Commendation for Outgoing Youth Commissioner Andy Miller
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
Attached is a commendation for Andy Miller:
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTAC$MENTS:
Attachment A -Copy of commendation.
CITY OF SARATOGA
RESOLUTION OF THE CITY COUNCIL
COMMENDING
ANDY MILLER
WHEREAS, Andy Miller was first appointed to the Saratoga Youth
Commission in June 2001; and
WHEREAS, Andy has demonstrated his leadership skills and capabilities
while participating on the following:
2001-2002 -Warner Hutton House & Dance Committee
2002-2003 -High School Activities & Public Relations
2002 - Slcate Board Park Task Force Committee
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Andy. Miller is hereby
commended and thanked for his hard work and. dedication on the Youth
Commission; and
BE IT FURTHER RESOLVED that we wish him well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 18`h June 2003.
Nick Streit, Mayor
City of Saratoga
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003
DEPT:. Office of City Manager
PREPARED BY:
AGENDA ITEM:
CITY MANAGER: ~/-/G:~-~
DEPT HEAD:
SUBJECT: SBC Request for Support of Legislative Action AB 1389
RECOMMENDED ACTION(S):
Hear presentation and consider adoption of Resolution.
REPORT SUMMARY:
Recently Leon Beauchman with SBC, requested that the City consider adoption of a Resolution
in support of AB1389. The Mayor subsequently agendized it for consideration at this meeting.
AB1389 is intended to bolster job creation, investment in the State of California by requiring all
public utilities, including AT&T and MCI Worldcom to report each year on their employment
levels and investment in the state.
As a regulated company SBC California already reports on jobs and investment every year to the
Public Utilities Commission. Many out-of--state competitors, however, do not currently report
this information because they have not been required by any law or regulatory policy to do so.
AB1389 would change that, requiring them to report to the PUC and the state's legislative policy
committees the number of Californians employed by the companies and the infrastructure and
the investment that they are contributing to the State. AB1389 was passed by the State
Assembly on June 4, 2003; with the support of our local Assembly Member Cohn. SBC has
requested the City's adoption of a Resolution in support of this legislation as it heads to the State
Senate for consideration.
Leon Beauchman of SBC, has indicated that he will be in attendance at the Council meeting and
will be available to speak on this issue.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
If adopted, send a copy of Resolution to Senator Sher.
ADVERTISING, NOTICING AND PU$LIC CONTACT:
N/A
ATTACHMENTS:
Attachment l: Resolution
2of3
• RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA ENDORSING POLICIES TO ENCOURAGE INVESTMENT IN
LOCAL TELECOMMUNICATIONS SERVICES IN CALIFORNIA,
INVESTMENT IN LOCAL COMMUNITIES AND INCREASED
EMPLOYMENT OPPORTUNITIES.
WHEREAS, the Telecommunications Act of 1996 was designed to open all
telecommunications markets to increased competition;
WHEREAS, the Federal Communications Commission and the California Public
Utilities Commission (CPUC) have successfully opened telecommunications markets and
created competition in California;
WHEREAS, multiple telecommunications companies now offer local and long
distance service in California;
WHEREAS; the availability of advanced telecommunications services is
. important to City residents, businesses and communities,
WHEREAS, the availability of telecommunications services is dependent on
maintaining the current telecommuzcations network infrastructure and future
investments in network facilities and infrastructure;
WHEREAS, the development of and investment in network infrastructure
promotes economic growth and employment opportunities for City residents;
WHEREAS, telecommunications companies offering service in California have
pledged to make investments in infrastructure and local communities;
WHEREAS, the benefits of competition and new investment in
telecommunications infrastructure should be extended to all Californians;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Saratoga
hereby resolves as follows:
1. Policymakers should require each telecommunications company offering local
service in California to bring the benefits of competition to low-income consumers.
• 2. Policymakers should require each telecommunications company offering local
service in California annually to report to the CPUC each city, municipality, and county
where the company has local service customers and the number of such customers in •
each locale.
3. Policymakers should require each telecommunications company offering local
service in California to certify annually to the CPUC and to each city or municipality
where it provides service, (a) its current capital investment in the State and its additional,
yearly incremental investment, by city, and (b) the number of its union and non-union
employees in the State and in each city or municipality where it provides service.
The above and foregoing resolution was passed and adopted at an adjourned meeting of
the Saratoga City Council held on the _ day of , 2000 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Nick Streit, Mayor
ATTEST:
Cathleen Boyer, City Clerk
•
~J
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER: ~ ~,~
PREPARED BY.~ ~ , f.~- DEPT HEAD:
SUBJECT: Check Register: 5/29/03
RECOMMENDED ACTION(S):
Approve the Check Register.
REPORT SUMMARY:
Attached is the Check Register.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
ATTACHMENTS:
Check Register Certification:
Date
5129/2003
Checks
Void
Checks
AP CHECKS A92837-92961
1 GENERAL
100 COPS-SLESF
110 Traffic Safety
150. Streets &Roads
160 Transit Dev
170 Hillside Repair
180 LLA Districts
250 Dev Services
260 Environmental
270 Housing & Comm
290 Recreation
291 Teen Services
292 Facility Ops
293 Theatre Surcharge
300 State Park
310 Park Develpmt
320 Library Expansion
351 Public Safety
352 Infrastructure
353 .Facility
354 Park and Trail
400 Library Debt
410 Civic Cntr COP
420 Leonard Creek
700 Quarry Creek
710 Heritage Prsvn
720 Cable TV
730 PD #2
740 PD #3
800 Deposit Agency
810 Deferred. Comp
830 Payroll Agency
990 SPFA
(Subtotal
PAYROLL CHECKS: 629054-29081
TOTAL
11,602.57
11
lv-%I-C3
80,526.00
1,587.56
37,338.18
1,684.01
26,498.11
9,405.40
38,621.96
3,,495.95
1,790.80
.206.38
7,394,88
31,695.00
560.00
1,717.03
750.00
1,162.02
Approved by:
•
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• SARATOGA CITY COUNCIL
MEETING DATE:.. -June 18, 2003 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER: ~y~--~ ~-`~
PREPARED BY: Jesse Baloca DEPT HEAD•
SUBJECT: Budget Monitoring Report for the Third Quarter Ending March 2003
RECOMMENDED ACTION(S):
Accept the Budget Monitoring Report for the year-to-date first quarter ending March 31; 2003
and the Treasurer's report ending March 31, 2003.
REPORT SUMMARY:
The accompanying Budget Monitoring Report represents the operating revenue and expenditure
activity of the City of Saratoga for the third quarter ending March 31, 2003.
At mid-year the City revisited all revenues and developed new projections that incorporated one-
time sources such as Oddfellow project and Vessing Road assessment; addressed the decline of
sales tax revenue; and to implement aworst-case adjustment that the City would lose $589 in
VLF backfill revenues.
On the expenditure side, various cost containment measures were also implemented such as:
• Formal implementation of a hiring freeze on vacant positions by resolution
• Consolidation of two positions into one position iri the City Manager's Office
• Initiating a holiday furlough that would reduced accrued vacation liabilities and maximize
productivity during more essential times of the year
• Other reductions to various other City programs
To-date; the City continues to receive its full VLF amount. During the third quarter, additional
one-time Federal and County reimbursements for prior year CIP expenditures were also received,
resulting in a savings to operating transfer expenditures.
For the third quarter ending March 31, 2001 revenues above projection and expenditures
are under budget.
FISCAL IMPACTS:
As highlighted above and detailed in the Budget Monitoring Report.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
Accept and file the reports.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
A. Budget Monitoring Report.
B. Cash and Investment Summary Report.
~~
2 of 2
NY ;5A
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~~~~~
City of Saratoga, California
2002/03 Budget Monitoring Report
July 1, 2002 through March 31, 2003
4 s.. ..~~
"-<~:-.-~>.~ City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
The Administrative Services Department produces the Quarterly Budget Monitoring Report with input
from all City departments and the Finance Commission. This report is intended to provide an overview
of year-to-date financial activities that have taken place through the reporting period; with a focus on
activities of the most recent quarter.
The structure of this presentation begins with an overview of citywide information to specific General,
Special Revenue, and Capital Fund information organized by revenue categories and program
expenditures. Excluded is debt service, agency, and grant fund activities since they are normally.
excluded from the operations planning process.
If you have any uestions, comments, or su estions lease contact Jesse $aloca (408) 868-1212.
TABLE OF CONTENTS
Paee
Executive Summary
Overview ........................................................:......................:................... 2
Operating Revenues
General Fund ............................................................:......................:............ 7
Other Funds .....:........................................................................................... 9
Operating Expenditures
General Fund .............................................................................................:.. 13
Other Funds :................................................................................................. 14
Capital Improvement Plan (CIP) .:......................................................................... 16
Reader's Guide ..................................................................................:.............. 17
Page 1
-....... City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
EXECUTIVE SUMMARY
OVERVIEW
Bottom Line -Revenues Projections Revised, Cost Containments Implemented
• February 19, 2003, the Council approved revised revenue projections addressing the current
economic decline and implemented aworst-case scenario strategy that the Governors proposal, which
takes away $589k in Motor Vehicle License Fees to partially offset the States budget deficit.
Various cost containment measures were also implemented during the 3`d quarter and include:
• A continued hiring freeze on vacant positions;
• A consolidation of two City Manager Office positions into one;
• Initiating a holiday furlough;
• Limiting the growth to the capital improvement program budget; and
• Across the board reductions to various other City programs
• To-date, local revenue protection efforts performed by various groups such as the League of
California Cities have been successful. The City continues to receive its monthly VLF backfill
revenue.
• Under the worst-case scenario, the General Fund economic and operating reserves remain intact with
the support of anticipated savings from the current capital improvement program budget.
Economy -Little Signs of Improvement, Many Budget Processes will Reflect Service Reductions
• The national and regiona] economy showed little signs of improvement during the third quarter
ending March 31, 2003: However, many economists continue to believe that an expeditious War
against Iraq will have a significant tie to the speed of economic recovery as observed by the recent
fluctuations in the stock market.
• California's unemployment of 6.5 percent for January still exceeds the national rate of 5.7 percent.
The City's average return on investments has declined from an average 2.86 percent from March
2002 to ] .9 percent in March 2003.
• High-tech sector job losses continued to drag the economy even though the Bay Area consumer price.
index for all urban consumersjumped from 1.4% in December 2002 to 3.3 percent in March 2003, as
a result of the rising price of gasoline.
• The fiscal year 2003-04 budget process will consist of reduced services in an effort to balance
operationally to current economic conditions. Alternatives for responding to the Governor's May ] 4,
2003 revised budget proposal may or may not be incorporated into the budget process, depending on
its expected proposal and timing of the States budget process.
• Saratoga Building permit activity continues to show a decline in the number of permits issued of
1,051 as compared to 1,252 in the prior year but is showing ayear-to-date increase in the valuation of
those permits, with a valuation of $39.4 million from $35.4 million in the prior year.
Page 2
~:
....~ ti City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
Revenues - As Revised, with the Possibility of a Takeaway
• The City's three major revenue sources (property tax, sales tax, and motor vehicle license fees)
comprise 58.9% of the General Funds budget, as revised at the mid-year. To date, the City continues
to receive the full amount of vehicle license fee backfill and expects to retain the Governor proposed
reduction of $589k by year end.
• Sales tax revenues experienced an 8% spike in March, which will continue to be monitored for a
possible rebound. Year end projections remain unchanged from the adjustments made at mid-year.
• Franchise fees reflect a recent decision by the Public Utilities Commission to withhold franchise fees
on power sales to the CA Department of Water Resources (CDWR), pending dispute proceedings
between CDWR and its customers against municipalities.
• Streets & Roads. Fund will not required the full operating transfers amount as budgeted as a result of
prior year Federal and County CIP reimbursements that were received in the third quarter. Projected
revenues are sufficient to balance out expenditures by year end.
• Development Services Fund projects an additional $200k in engineering services for the Oddfellow
project. Building permits also reflect one-time receipts from the Oddfellow project, as revised and
adjusted at the mid-year.
• Recreation revenue projections were adjusted at the mid-year to reflect an increase in camp
participation, classes and special events. Additionally, General Fund operating transfers required to
balance the level of expenditures by year end will be less than budget.
All Fund Revenues
In 000's
Variance
from Budgef
YTD 2002/03 Year End Favorable Year End
Fund Actual Bud et Pro ection Unfavorable % of Bud et
eneral $6,403 $8,694 $9,259 $565 1.06.5%
ther Operating:
Streets & Roads 461 3,093 3,089 (4) 99.9%
DevelopmentSvc's 1,112 1,314 1,564 250 119.0%
Environmental Prog. 354 587 589 2 100.3%
Recreation Svc's 625 1,592 1,586 6) 99.6%
Subtotal $2,552 $6,586 $6,828 $242 103.7%
Total $8,955 $15,280 $16,087 $807 105.3%
The following graph disp{ays projected full-year revenues compared to budget for the General Fund and
Other Operating Funds. For more detailed information refer to the Resources section of this report.
Page 3
<'
`----~..``' City of Saratoga
$udget Monitoring Report Quarter Ending March 31, 2003
Revenues by Fund Category
(In Thousands)
C~
10,000
9,000
8,000
7,000
6,000
5,000
4,000
3,000
2,000
1,000
~~.0 02/03 Budgeted'..
~I^ 02/03 Projected ~'.
Exuenditures -Cost Containment Strategies Implemented, Continue to Exercise Caution
• General Fund expenditures are projected to be 5.5% or $659k under budget by year end. Savings
primarily reflect reduced operating transfers required to support the Streets & Roads Fund as a result
of prior year Federal and County CIP reimbursements received during the third quarter.
• The City continues to exercise caution with the economic downturn and the Governor's proposed
takeaway of local revenues. Mid-year adjustments that were implemented include a hiring freeze on
vacant positions; a consolidation of two other positions into one in the City Manager's Office, and
other internal reductions for maintaining positive net operations by year end.
Other Operating Fund expenditures are expected to continue under budget, with the exception of
Recreation Services, where the additional costs will be offset by the increase in revenues. A year end
adjustment will be made to reflect the additional budget required to support added revenues.
All Fund Expenditures
In 000's
Variance from
Budget
YTD 2002/03 Year End Favorable Year End
Fund Actual Bud et Pro'ection Unfavorable of Bud et
eneral $8,238 $11,884 $11,225 $659 94.5%
ther Operating:
Streets & Roads 1,297 5,215 5,211 4 99.9%
Development Svc's 1,405 2,064 2,053 11 99.5%
Environmental Prog. 333 745 745 0 100,0%
Recreation Svc's 1,097 1,551 1,585 34 102,2%
Subtotal $4,132 $9,575 $9,594 ($19) 100.2%
Total $12,370 $21,459 $20,819 $640 97.0%
Note: Since the City's revenues are not typically tied to a product; the evaluation of merely balancing current revenues less
current expenditures (net operations to-date) cannot be used as an appropriate method for managing the various program
activities for all funds. As a result, the various revenue streams and their unrelated timing to expenditure programs are best
evaluated at year-end projected.
Page 4
General Fund Other Operating Funds
4
,..~..~ `s~ City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
The following graph displays estimated full-year expenditures compared to budget for the General Fund
and Other Operating Funds. For more detailed information refer to the Expenditures section of this
report.
Expenditures by Fund Category
(ln Thousands)
14,000
12,000
10,000
8,000
6,000
4,000
2,000
m 02/03 Budgeted ,
~ 02/03 Projected'.
i
Page 5
General Fund Other Operating Funds
u
-..•... City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
Fund Balance
• Following the City's financial audit, the General Fund began the year with a beginning fund balance
of $6.970 million, which was $300k above budget projections. Reduction to fund balance primarily
reflects positive operations of $1.657 million against the $3.623 million in reserves used to purchase
the N. Campus property, return the administration of the low-income housing loan program back to
the County, and to transfer remaining AT&T settlement proceeds to a separate KSAR trust fund.
• June 30, 2003 General Fund Balance is currently projected as follows:
Operations $ 2.367 million
Economic Uncertainty 1.500 million
MIS and PERS Replacement .268 million
Undesignated 869 million
$ 5.004 million
C~
Streets & Roads Fund began the year with a fund balance that includes project grant monies that has
been carried over from prior fiscal years. Therefore; General Fund operating transfers required to
fully reconcile/balance the fund were less than budget. Remaining balance consist of outstanding CIP
resources that have been transferred to the 5-year CIP, as appropriated during the first quarter
2002/03.
Development Services Fund operations is declining by the rate of current overhead charged. Staff
distribution will be reassessed during the next budget cycle and current fee structure will be re-
evaluated after one years history has been experienced.
• Environmental Program beginning fund balance of $823k is $360k above budget, which assumed that
all 2001/02 expenditures were to be paid by June 30, 2002. However, not all 2001/02 invoices were
received by the City for payment till current fiscal year 2002/03. As a result of late invoices received
by the City, current operations consist of additional expenditures paid from the prior fiscal year.
Fund Balance -All Funds
In 000's
Beginning Net Non-Operating Projected
Fund Balance O erations Transfers Endin Balance
eneral $6,970 $1,657 ($3,623) $5,004
ther Operating:
Streets & Roads 2,121 (115). ($2;006) 0
Development Svc's 1,717 (369) ($120) 1,228
Environmental Prog. 823 (156) 0 667
Recreation Svc's 0 0 0 0
Subtotal $4,661 ($640) ($2,126) $1,895
Total $11,631 $894 {$5,626) $6,899
Page 6
i~
'~jarr,. ~'~' City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
.OPERATING REVENUES
GENERAL FUND
In a Snapshot
• The City's three major revenue sources (property tax, sales tax, and motor vehicle license fees)
comprise 58.9% of the General Funds budget, as revised at the mid-year. To date, the City
continues to receive the full amount of vehicle license fee backfill and expects to retain the
Governor proposed reduction of $589k by year end.
• Sales tax revenues experienced an 8% spike in March, which will continue to be monitored for a
possible rebound. Year end projections remain unchanged from the adjustments made at mid-year.
• Franchise fees reflect a recent decision by the Public Utilities Commission to withhold franchise
fees on power sales to the CA Department of Water Resources (CDWR), pending dispute
proceedings between CDWR and its customers against municipalities.
General Fund Revenues
In 000's
YTD 2002/03 Year End
Actual Budget Projection
Variance from
Budget
Favorable
(Unfavorable)
ear End
of Budget
axes:
Property $1,869 $2,870 $2,870 $0 100.0%
Sales 831 1,102 1,102 0 100.0%
Transfer 156 224 224 0 100.0%
Construction 505 500 500 0 100.0%
Trans.Occup. 110 186 186 0 100.0%
Subtotal Taxes $3,471 $4,882 $4,882 $0 100.0%
Franchise Fees $447 $970 $948 ($22) 97.7%
Motor Vehicle Lic. Fees 1324 1,152 1,747 590 151.2%
Licenses & Permits 289 333 371 38 111.4%
Fines & Forteitures 54 62 66 4 106.5%
Miscellaneous 818 1,295 1,250 45 96,5%
Total GF Revenues $6,403 $8,694 $9,259 $565 106.5%
Current Highlights:
• The following graph represents the City's three major revenue sources (property tax, sales tax, and
motor vehicle license fees), which comprise 58.9% of the General Funds budget, as revised at the
mid-year: .
Page 7
~zt~s<~~°` City of Saratoga
• Budget Monitoring Report Quarter Ending March 31, 2003
G EN ERAL FUND MAJOR REVENUE
PROPERTY TA?/SALES TA>/ MOTOR VEHICLE LICENSE FEES
1999-2000 2000-2001 200]-2002 2002-2003
July 216,945 212,361 238,360 241,115
Aug 226,5 I2 236,033 340,285 280,997
Sept 254,458 317,077 243,222 245,029
Oct 409,198 410,558 186,575 518,318
Nov 28],247 301?41 422,448 400,226
Dec 570,290 797,644 1,036,793 1,054,242
Ian 357,418 367,502 535,278 587,387
Feb 270,939 311,633 291,254 308,121
March 270,939 311,633 291,254 400.071
YTD 2,593,001 2,954,049 3?94,215 4,035.506
April 449,334 541411 770,595
May 266,672 299,787 354,931
June 403,935 424,004 498,227
Total 3,712,942 4,219,251 4.912968 4.035,506
GB!@tAL FUM19 MAJOR REVENUE
1.2o0.Wa
1000,000 ''.
e00,o00 t904soao
600.000 .~2am211(It '.
toot-2002
400.000 sari-soda
sa0,o0o I
0
• Property Taxes are projected to be $2.870 million at the end of the year and, on a cash basis, have
been above projections for the mid-year as illustrated by the following historical data. July cash
receipts were accrued as June revenue and not included as third quarter revenue.
PROPERTY TAx
001-1040-41]-01-00!02-00
1999-2000 2000-2001 2001-2002 2002-2003
July 3,903 6,651 10,602 /0,67Y
Aug 1,612 2,003 5,145 19,476
Sept 1,583 2,579 3,013 1,679
Oct 134,663 133,618 4,274 288,341
Nov 67,392 65,805 140,782 174,802
Dec 363.930 531,274 824,188 840,116
Jan 149,862 147,621 309,580 331,354
Feb 3,369 5,735 7,663 6,923
March 83,565 82,008 204 917 206.546
YTD 726,314 895,286 1,305,247 1,879,917
April 241,826 306,532 548,492
May 57,563 65;522 133,095
June 127,091 138,462 245,342
Total 1,152,794 1.405,802 2.232,176 1.879,917
~- P~PEIRY TA%
800.1100
700,000
~•~
300,000 19942000
2000.2001
400,OW -2001-2002
-20062003
300,000
200,000
100,000
a
°~ W9 ~ OG ?°, O~ )°` Q°~ c°~ p9~J e~°T )4°°
• Sales tax revenues experienced an 8% spike in March, which will continue to be monitored for a
possible rebound. Year-end projections remain unchanged from the adjustments made at the mid-
year.
TOTAL SA LE$TAA
001-1040-412-0]-00/02-00
1999-2000 2000-2001 2001-2002 2002-2003
July 80,382 75,068 97,555 75,300
Aug 107,592 99,324 125,283 101,114
Sept 70,416 166,816 69,678 79,777
Oct 152,776 85,1%0 93,898 87,862
Nov 102,698 110,903 121,982 112,269
Ded 116,3]9 150,974 97,275 94,896
Jan 82,311 95,357 98,512 85,907
Feb 108,167 124,354 116457 116,105
March 123,615 122,318 ]2.445 78,196
YTD 820,721 907.976 820,640 831.426
April 66,239 81,267 79,153
May 85,934 104,242 102,282
June 135.366 133.690 90,693
Total 1.108.260 1,227,175 1.092.768 831,426
TOTAL SALE TA%
160,000
140,000
120,000
100,000
~
'• -19942000:
I f_...--2000-2001
ooo
eo ' qzoos-2ooz'r..
,
60,000
40,W0 ~2002.2003y.
20,000
n
)°.~ X90°Q oa ?oa O°° )° e~°o ~ ~y~ )JCz
Page 8
}' t
a ,.:
-•.•... City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
• Mid-year budget adjustments included the reduction of $589 in VLF backfill, as proposed by the
Governor in December 2002. To date, the City continues to receive the full amount for vehicle
license fees and projects $1.7 million by year end.
MOTOR VEHICLE LICENSE FEES
001-1040-432-01-00
1999-2000 2000-200] 2001-2002 2002-2003
July 132,660 130,642 130,203 155,136
Aug 117,308 134.706 209,857 160,407
Sept 182,459 147,682 170,531 163,573
Oct 121,759 191,760 88,403 142,115
Nov 117,151- 124,533 159,684 113,155
Dec 89,981 115,396 115,330 119,230
lan 125,245 124,524 127,186 170,126
Feb 159,403 181,54q 167,134 185,093
March 119,997 123.017 137,952 115,329
YTD 1,045.966 1,150,787 1,168,328 1,324,164
April 141,269 153,612 142,950
May 123,175 130,023 119,554
June 141A78 151,852 162,191
Total 1,451,888 1,586,274 1,593,023 1.324,164
250,000
20D,000
150,000
100,000
50,000
0
)~H yaQ~ 2a )mc act ~a9
-1999~2000'~ '.
',.......zaoaz991',
.-200L2002 '.
2002.200].
• Construction Tax continues with a downward trend, however, one-time receipts from the Oddfellow
project increased our year-end projection to $SOOk at the mid-year, which is $200k above budget.
Although slightly above projection for the third quarter, the budget has not been revised.
CON STRUCTION TAX
ao vlo4o-4J3-oz-oo
7999-zooo zooo-zoa7 zoos-zooz zooz-zoo3
July 41,726 43,010 60,595 47,432
Aug 49,662 53,099 38,245 7,948
Sept 27,639 23,279 14,263 51,492
Oct 40,305 52,559 28,149 33,203
Nor 45,806 49,762 13,187 6,737
Dec 92,078 80,166 12,310 8,241
lan 9,404 13,727 14,783 328,990
Feb 4,193 19,190 13,498 6,695
March 25,335 23,372 38,809 13,861
YTD 310,813 334,792 195,030 504,593
April 16,345 37,891 26,801
May 16,52] 41,916 47,680
June 37.214 40.059 49 G45
Total 380,899 454.65% 318,956 504,593
OTHER OPERATING FUNDS
350,000
300,000
'. 250,000
i 200,000
', 150,000
'~., 100.000
50,000
0
MOTORVBaCLE LICEHSEFE£5
•
CONSTRUCTIgY TAX
-1999-2000.
.......X042001. ~.
-2001-2001
2002-2003' ~~
- o o ~ m
-. ~, 2 -. E
In a Snapshot
• Streets & Roads Fund will not required the full operating transfers amount as budgeted as a result
of prior year Federal and County CIP reimbursements that were received in the third quarter.
Projected revenues are sufficient to balance out expenditures by year end.
• Development Services Fund projects an additional $200k in engineering services for the Oddfellow
project. Building permits also reflect one-time receipts from the Oddfellow project, as revised and
adjusted at the mid-year.
• Recreation revenue projections were adjusted at the mid-year to reflect an increase in camp
participation, classes and special events. Additionally, General Fund operating transfers required
to balance the level of expenditures by year end will be less than budget.
•
Page 9
....~ • City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
Other Operating Fund Revenues
In 000's
YTD 2002/03 Year End
Actual Budgef Projection
Variance
From Budget
Favorable
(Unfavorable)
ear End
of Budget
treets & Roads:
St. Hwy. User 400 $613 614 1 100.2%
St. FHWA Reimb. 0 0 199 199 N/
TEA 21 0 253 253 0 100.0%
Measure B 0 377 377 0 100.0%
Other Misc. 61 130 255 125 196.2%
Transfers 0 1;720 1,391 (329 80.9%
Total Streets & Roads. $461 $3,093 $3,089 ($4) 99.9%
Development Services:
Geology/Engineering $141 $134 $335 $201 250.0%
Planning Fees 85 101 101 0 100.0%
Arborist Fees 51 80 65 (15) 81.3%
Permits -Building 767 910 950 40 104.4%
Permits -Grading 22 46 30 (16) 65.2%
Other Misc. 46 43 83 40 193.0%
Total Development Svc's $1,112 $1,314 $1,564 $250 119.0%
Environmental Programs:
Environmental Fees 317 $535 535 0 100.0%
Other Misc. 37 52 54 2 103.8%
Total Environ. Prog. $354 $587 $589 $2 100.3%
Recreation Services:
Camp Fees $73 $180 $180 0 100.0%
Excursion Fees 61 90 90 0 100.0%
Class/Special Events 330 445 445 0 100.0%
Other Sports 35 60 60 0 100.0%
Teen Services 15 41 41 0 100.0%
Facility Operations 98 125 125 0 100.0%
Theatre Ticket Surch. 13 25 25 0 100.0%
Operating Transfers -0 626 620 6 99.0%
Total Recreation Services $625 $1,592 $1,586 ($6) 99.6%
Total Other Operating
Funds Resources $2,552 $6,586 $6,828 $242 103.7%
Current Highlights:
• Building permits reflect one-time receipts in January 2003 from the Oddfellow project. Year-end
projection was revised and adjusted from $725k to $910k at the mid-year.
Page 10
4 /
~' :n:~" City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
PERMITS-BUILDING
250-4015-422-OIAO
1999-2000 2000-2001 2001-2002 2002-2003
July 93,427 66,417 113,986 118,555
Ang 111,468 140,188 91,537 57,175
Sept 97,964 86,947 41,246 65,089
Oct 81,746 123,753 62,535 98,992
Nov 94,100 92,113 45,047 27,082
Dec 110,134 119,586 28,957 26,967
ran 50,659 62;124 56,172 246,292
Feb 57,089 64,138 45,988 46,639
March 74,734 68,142 115,549 80,694
YTD 696,557 755,266 485,468 767,485
April 79,440 126,324 118,770
May 87,177 117,061 65,912
June 144,421 89,751 215,909
Total 1,007,595 1,088,402 886,059 767,485
ao9.oo0
-. 85(1.000
3ao,ooo
uo.ooo
100,000
socoo
Peunrts.eulLaNG
-~-19944000"
',. -.....2ooo-zoot'..''.
-2001-30031.
2002.2003 ~, ~'
• Planning fees in the Development Services Fund will experience aone-time shortfall that reflects a
change in accounting practice, according to the first quarter adopted fee schedule, that now delays
recognition of a deposit as earned revenue till the work has been completed.
PLANNING FEES
2so-4m o-444-01-00
1999-2000 2000-2001 2001-2002 2002-2003
July 32,050 31,450 20,850 23,950
Aug. 44,400 24,500 36,000 12,232
Sept 44,000 43,000 15,400 2,228
Oct 33,000 37,095 5,200 2,275
Nor 14,000 25,640 11,450 4,650
Dec 27,200 75,503 15,000 5,179
Jan 25,550 23,133 23,700 14,124
Feb 28,700 30,700 21,450 13,132
March 45,100 II.000 23,%00 7,655
YTD 248,900 291,021 149,050 85,425
April 25,065 39,500 21,600
May 02,468 24,100 14,800
June 30,550 50,790 19,100
Total 346,983 405,411 204,550 85,425
PLANING P193
80.000
'' ]0.000
w,o9a
so,aoo
40.000
30,000
20,CD0
10,000
0
}0ri P0a eFQ 06 201 0°c °c ~° e°o pdP en°9 0°¢
-tss9s9ao'..
........2000-2001'.
2001.2002
.2002-200J
• Although environmental fee revenues are slightly under projection at the mid-year, offsetting
expenditures are only at 44.7% at the third quarter. Year-end projections remain as is at $535k:
ENVIRONMENTAL FEES
260-5005-444-03A0
]999-2000 2000-2001 2001-2002 2002-2003
July 71,764 68,9)7 46,924 70,886
Aug 48,701 74,809 69,109 41,281
Sept 27,048 40,264 38,809 29,382
O<t 80,502 76,270 57,549 68,263
Nor 44,401 40,688 59,261 39,299
Dec 29,831 36,069 31,309 22,188
ran 53,740 47,227 57,123 60,677
Feb 58,355 47,943 46,016 30,557
March 36,702 13,712 31,468 24,976
VTD 414,342 432.247 402,800 387,479
April 65,394 58,744 59,479
May 50,983 50,085 d4,320
June 38,585 38,915 32,673
Total 569,304 579,991 539,272 387,479
FTNIRONMEIRAL FFFS
90.W0
99.oa9
>0,090
a9to9
' ---1999.2000 ~~,',
5(LWO 1.......2000.2001 !.,
a0,W0 ~.-200f.zOVL'.'~.
,-
-~~200z30N
.
30,000
' 20.%0 :
1a,ooo
o
~ 3 ffi o z° o" ~ n ~ 8 i
•
Page 11
0
1OH cp9 20 ~yc ~~p `sT-1
• `'
-•,,..~°~~` City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
• Recreation revenue projections were adjusted at the mid-year to reflect higher class/special event
participation levels. The projection for year-end is $445k.
CLASS /SPECIALEVENTS
290-6005-44504-00
1999-2000 2000-200] 2001-2002 2002-2003
July 11,072 13,925 17,046 22,499
Aug 6],015 65,739 59,595 69,179
Sepc 29,305 32,109 29,592 38,018
Oct 9.763 15,886 18,169 12,566
Nov 13,217 9,SOI 10,095 II 818
Dec 37,014 42,910 49,555 62,388
Jan 56,204 47,782 44,509 32,816
Feb 6,159 8,777 12,831 4,225
March 67.082 60,55] 59.491 76.833
YTD 229.>49 236,929 241,392 330,342
April 25,382 35,%31 51,099
May 28,674 33,683 58,053
June 3.227 15,432 22,427
Total 287.032 321,875 3]2,970 330,342
Po.aoo
I ea,ooo
ro,ooo
60,OW
so.ooo
aa.ooo
130.000
zo.ooo
+o.ooo
CeP55 / $PPLIA~ EVINfS
-+ssazooo.
.-..zaoo-zoo+.
-xa+-xaoz'.
-3003.3WJ..
Page 12
0
,3' w° y° oa a°' off' ,a Fj°~,~° ~ .*~',s"
( `y t
'` =~°~`"~~ City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
EXPENDITiJRES
GENERAL FUND
In a Snapshot
• General Fund expenditures are projected to be 5.5% or $659k under budget by year end. Savings
primarily reflect reduced operating transfers required to support the Streets & Roads Fund as a
result of prior year Federal and County CIP reimbursements received during the third quarter.
• The City continues to exercise caution with the economic downturn and the Governor's proposed
takeaway of local revenues. Mid-year adjustments that were implemented include a hiring freeze
on vacant positions, a consolidation of two other positions into one in the City Manager's Office,
and other internal reductions for maintaining positive net operations by year end.
General Fund Expenditures
In 000's
YTD 2002/03 Year End
Actual Budget Projection
Variance
from Budget
Favorable
(Unfavorable)
ear End
of Budget
eneral Fund Programs:
City Council $71 $92 $91 $1 98.9%
Contingency 0 39 39 0 100.0%
City Commissions 87 124 124 0 100.0%
City Manager's Office 286 415 410 5 98.8%
Legal Svc's/Risk Mgmt. 400 398 519 (121) 130.4%
City Clerk 85 114 112 2 98.2%
Equipment Operations 256 298 298 0 100.0%
Financial Mgmt. 370 522 507 15 97.1%
Human Resources 119 163 156 7 95.7%
General Services 90 149 141 8 94.6%
Facilities 467 705 716 (11) 101.6%
Mgmt. Info. Services 204 308 308 0 100.0%
Public Information 20 29 29 0 100.0%
Misc. Non-Dept Programs 3 3 3 0 100.0%
Emergency Preparedness 14 20 18 2 90.0%
Code Enforcement 78 74 73 1 98.6%
Police Services 2,382 3,165 3,163 2 99.9%
Animal Control 136 195 195 0 100.0%
ParkslOpen Space 618 773 . 784 (11) 101.4%
General Engineering 201 294 294 0 100.0%
Advanced Planning 59 89 86 3 96.6%
Senior Services 22 41 40 1 97.6%
Community Access TV 64 100 90 10 90.0%
Economic Development 73 150 123 27 82.0%
Hakone Gardens Park 77 147 88 59 59.9%
Subtotal Programs 6,182 8,407 8,407 0 100.0%
Less: Overhead 1,444 1,942 (1,942 0 100.0%
Subtotal 4,738 6,465 6,465 0 100.0%
Non-Operating Transfers 3,500 5,419 4,760 659 87.8%
Total General Fund
Expenditures $8,238 $11,884 $11,225 $659 94.5%
1._.I
Page 13
x
~'
'" ._....~~h City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
Current Highlights:
• City Manager's budget was reduced by $39k at the mid-year as result of consolidating two positions.
• Legal Services reflect increased services and litigation expenses that were in addition to the monthly
contract amount. A year end budget adjustment will be requested for the additional service.
• Human Resources budget was reduced by $39k at the mid-year to reflect the current hiring freeze on
a vacant HR Technician position.
• Facilities variance of $1 lk reflects the additional costs associated with the new North Campus
purchased in July 2002, such as utilities, insurance, and other minor costs.
• Parks and Open Space an increase to the level of supplies and service costs.
• Additional savings in Economic Development reflects the redistribution of the Administrative
Analyst II position between other City programs. At mid-year; the original budget was reduced by
$12k to reflect the consolidation of the Economic Development Coordinator and Administrative
Analyst I position.
• Transfers primarily consist of $3.5 million to the CIP fund for the acquisition of the N. Campus
. property, which was purchased for $4.5 million and support to various other special revenue activities
such as recreation, and the Streets and Roads Fund. Savings primarily reflect reduced operating
transfers required to support the Streets & Roads Fund as a result of prior year Federal and County
CIP reimbursements received during the third quarter.
OTHER OPERATING FUNDS:
In a Snapshot
• Other Operating Fund expenditures are expected to continue under budget, with the exception of
Recreation Services, where the additional costs will be offset by the increase in revenues. A year
end adjustment will be made to reflect the additional bud et re uired to su ort added revenues.
Other
In 000's
Variance
from Budget
YTD 2002/03 Year End Favorable Year End
Actual Budget Projection (Unfavorable) of Budget
Streets Maintenance
Sidewalks & Trails
Traffic Control
FloodlStorm Control
Medians & Parkways
Congestion Mgmt.
Subtotal
Overhead
Non Operating Transfers
Total Streets & Roads
$584 $1,837 $1,834 $3 99.8%
46 134 133 1 99.3%
117 250 250 0 100.0%
167 208 208 0 100.0%
112 158 158 0 100.0%
28 30 30 0 100.0%
1,054 2,617 2,613 4 99.8%
243 592 592 0 100.0%
0 2,006 2,006 0 100.0%
Page 14
( ,
-•.....°" City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003 .
Development Services:
Zoning Administration $408 $579 $563 $16 97.2%
Inspection Services 361 500 495 5 99.0%
Dev. Regulation 150 204 214 10 104.9%
Subtotal 919 1,283 .1,272 11 99.1
Overhead 486 661 661 0 100.0%
-Non Operating Transfers 0 120 120 0 100.0%
Total Development Svc's $1,405 $2,064 $2,053 $11 99.5%
iironmental Programs
Integ. Waste Mgmt. $97 $179 $179 $0
Storm Water Mgmt. 194 472 472 0
Subtotal 291 651 651 0
Overhead 42 94 94 0
Total Envir. Programs_ $333 _ _ $745 $745 $0
:creation Services
Recreation $552 $727 $767 ($40) .105.5%
Teen Services 90 160 157 3 98.1%
Facility Operations 54 83 80 3 96.4%
Theatre Ticket Sur. 16 36 36 0 100.0%
Subtotal 712 1,006 1,040 (34) 103.4%
Overhead 385 545 545 0 100.0%
Total Recreation Svc's $1,097 $1,551 $1,585 ($34 102.2%
Total Other Operating
Funds Expenditures $4,132 $9,575 $9,594 ($19) 100.2%
Current Highlights:
• Development Services projected year end savings of $16k for consulting services in zoning
administration is in addition to the $25k already saved and adjusted at mid-year.
• Recreation Services includes the higher cost for classes and special events, which are supported by
higher revenues received. A year end adjustment will be made to reflect the additional budget
required to support added revenues. Teen Service projects a saving that reflects reduced services for
the skateboard park.
Page IS
4
`~::T~s`*"' City of Saratoga
• Budget Monitoring Report Quarter Ending March 31, 2003
CAPITAL IMPROVEMENT PROJECTS (CIP)
• The Library Construction Project Fund ($15 million original budget) anticipates a June 2003 grand
opening: The beginning July I, 2002 fund balance of $9.2 million and year-to-date expenditures of
$6.5 million leaves a remaining balance of $2.7 million as of March 31, 2003.
Since establishment of the City's 5-year CIP program, with amendments, the following projects have
incurred the following expenditures through March 31, 2003:
5 Year Capital Improvement Program (CIP)
In 000's
Year-to-Date Total
2002103 2001/0
t. J
Quito Rd Bridge Replacement $12
Lynde Ave Drainage 11
Village Streetscape Landscape 47
Storm Drain Upgrades 65
Median Repairs -Landscape 49
Blaney Plaza Improvement 15
Saratoga-Sunnyvale Rd 109
Totallnfrastructure $296
Theater Roof 62
Civic Center Design 1
North Campus/Prospect Property 4,500
Total Facility $4,563
EI Quito Park 2 11
Azule Park 671 74
Heritage Orchard 10 0
Park and Trail Repairs 69 0
Total Park and Trail $752 $85
Page 16
• P~/
.... City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003 •
READER'S GUIDE
Managing a municipality the size of Saratoga is, in many ways, like managing a medium sized for-profit
corporation. Instead of focusing upon bottom-line profits, Saratoga decision makers must skillfully
steward public dollars and ensure the effectiveness and efficiency of the City's operations. They must
live within legislatively approved budgets that are reviewed by residents, business leaders, and others
interested in the City.
Like corporations, public entities report their financial condition on a regular basis. Corporations make
reports to stockholders while public entities report to their "stakeholders" -the individuals and
organizations that have a "stake" in the entity's operations.
In addition to an annual financial report, the City of Saratoga will begin to publish Quarterly Budget
Monitoring Report to provide "stakeholders" with current information about the City's financial condition
and performance in the essential areas of the City's operations, including its Capital Investment Program
(CIP).
This report is designed to give the reader a sense of how well Saratoga is doing and what its current
successes or challenges might be. It includes a high level overview of the City's financial condition
followed by more detailed information on revenues and expenditures for those readers who are interested
in going beyond the bottom line. •
This Reader's Guide has been developed to assist you in reviewing the City of Saratoga's Quarterly
Budget Monitoring Report. It highlights the type of information contained in each section and presents a
glossary of commonly used budget terms.
A. Quarterly Budget Monitorine Orsanization
Executive Summary -Abroad level overview of the City of Saratoga's current financial condition. It
begins with comments on the economy, followed by a series of financial tables and comments
highlighting the resources and expenditures of the City's key funds. This section will focus on current
highlights for the reporting period with page references to other sections of the report for more detailed
discussion.
Revenues -Amore detailed discussion of each funds' revenue collections supporting the City's
expenditures. Included in the discussion are financial tables showing current year budget, year-to-date
actual, year-end projected, and comparison of year-end projected to budget. The discussion also includes
comments on the significant factors and conditions affecting these items.
Expenditures-Amore detailed discussion of each funds' expenditures. Included in the discussion are
financial tables showing current year budget, year-to-date actual, year-end projected, and comparison of
year-end projected to budget. The discussion also includes comments on the significant factors and
conditions affecting these items.
The comments in the resources and expenditures sections will follow the format:
"In a Snapshot" - A "box" containing a quick summary of significant highlights for each fund
category.
Page 17
~~-~>r:~°""~ City of Saratoga
. Budget Monitoring Report Quarter Ending March 31, 2003
"Current Highlights" - ]mportant information being reported for the first time..
"As Previously Reported" -Relevant information that was reported in previous editions.
(Currently not included).
B. Funds Not Reported On
This report focuses on the key operating and capital funds of the City. The Debt service, Trust agency,
and Grant funds are excluded from this report, since their budgets are excluded from the City of
Saratoga's planning process.
C. Glossary
The following are definitions of some of the more common terms one may encounter in reviewing this
document.
Beginning Fund Balance - An account used to record resources available for expenditures in one fiscal
year because of revenues collected in excess of the budget and /or expenditures less than the budget in the
prior fiscal yeas
Budget - A financial operating plan for a given period which displays the expenditures to provide
services or to accomplish a purpose during that period together with the estimated sources of revenue
(income) to pay for those expenditures. Once the fund totals shown in the budget are appropriated by the
City Council, they become maximum spending limits.
Capital Investment Program (CIPI -The CIP is a major planning tool of the City of Saratoga in which
needed improvements to the City's facilities and infrastructure are identified, prioritized, priced, and
discussed with the City Council and public. Funding from a variety of sources, including local taxes,
park development fees, and grants, are matched with the costs of these projects. Afrer the City Council
has reviewed and approved the program, these projects are implemented. The CIP covers afive-year
period and is updated periodically.
Contingency- A budgetary reserve set-aside for emergencies or unforeseen expenditures not otherwise
budgeted.
Expenditure -The payment for City obligations, good, and services.
Fiscal Year - A twelve-month period designated as the operating year for accounting and budgeting
purposes. The City of Saratoga's Fscal year is July 1 -June 30.
Fund -Governmental accounting systems are organized and operated on a fund basis. A fund is an
independent financial and accounting entity with aself-balancing set of accounts in which financial
transactions relating to resources, expenditures, assets, and liabilities are recorded. Funds are. established
. to account for the use of restricted revenue sources and, normally, to carry on specific activities or pursue
specific objectives. Funds may be established by State statute, City Code, City resolution or ordinance, or
the Administrative Services Director.
General Fund -The financial and accounting entity that comprises typical operations of a municipality
such as administrative, legal, contract police, and other departments.
Page 18
;;
.•.._.~ ~' City of Saratoga
Budget Monitoring Report Quarter Ending March 31, 2003
•
Grants - A contribution by a government or other organization to support a particular function. Grants
may be classified as either operational or capital, depending upon the grantor.
]nteraovernmental Revenue -Funds received from federal, state, and other local government sources in
the form of grants, shared revenues, and payments in lieu of taxes.
M&O (Maintenance and Operatin¢l Costs -Expenditure category that represents amounts paid for
supplies and other services and charges.
Reserve - An account used either to set aside budgeted resources that are not required for expenditure in
the current budget or to earmark resources for a specific futures purpose.
Resources -Total dollars available for appropriation, including estimated revenues, interfund transfers,
and other financing sources such as the sale of fixed assets and beginning fund balances:
Revenue -Sources of income received during the fiscal year, operating transfers from other funds, and
other financing sources such as the proceeds derived from the sale of fixed assets.
Taxes -Compulsory charges levied by a government for financing services performed for the common
benefit of the people. This term does not include specific charges made against particular persons or
property for current or permanent benefit, such as special assessments.
Trust Funds -Funds used to account for assets held by a government in a trustee capacity for individuals, •
private organizations, other governments, and/or other funds.
Page 19
CITY OF SARATOGA
Cash and Investment Report
Balance as of March 31, 2003
Anticipated
Acquisition FDR" Book Market Par Maturity Monthly.
Institution Date Rating Value Value Value Yield Date Term EarninQ$
estricted Cash & ]nvestments:
Cash
DD Comerica Bank-Savings N/A AAA $36,057 $36,057 $36,057 L000°/ Revolving 1 $30
CK Comerica Bank-SWEEP Account N/A AAA 60,371 60,371 60,371 2.000°/ Revolving l $101
CK Comerica Bank -Payroll Checking N/A AAA 2,998 2,998 2,998 0.000°/ Revolving 1 0
Subtotal Cash .99,426 99,426 99,426 1.577% 1 131
Investment:
MF L.A.LF. N/A N/A 15,965,313 16,019,999 a 15,965,313 1.980% Revolving 1 26,343
Subtotal Unrestricted Cash & Investments 16,064,740 16,119,425 16,064,740 3.56°/ 26,473
Res tricted Cash & Investments:
SV San lose National Bank -CDBG N/A AAA 137,004 137,004 137,004 1.000% Revolving 1 114
MF U.S Trust N/A N/A 330,281 330,281 330,281 0.000% Revolving 1 0
MF L.A.I.F.-Library Bond Proceeds N/A N/A 334,729 335,876 a 334,729 1.980% Revolving 1 552
CK Comerica Bank -Saratoga Youth Sports - N/A AAA 22,078 22,078 22,078 0.000°/ Revolving 1 0
CK Wells Fargo Bank -CDBG N/A AAA 40 40 40 0.000% Revolving 1 0
Subtotal Restricted Cash & Investments 824,132 .825,279 824,132 0.969% 2 666
Total Cash and Investments $16,888,872 316,944,704 $16,888,872 1.928°/ Avg Yield 46 $27,140
Benchmark Yield Comparison as of 9130/02 3 Month Treasury 1.54% 7 fear Treasury 1.53
Schedule of Dlaturities:
Immediate
FY 2002-2003 (CDs)
Total
Reserve Analysis:
General Fund Reserve requirement adopted 4/5/00:
$16,888,872 General Fund Balance as of6/30/02 (AUDITED).
0
$16,888,872
$2,238,266
$6,969,677
Pooled Cash & Investments available for current year expenses in all funds: $16,064,740
restricted funds maturing within the current fiscal year)
NOTES:
DD -Direct Deposits CK -Checking Account MF -Mutual Fund SV -Savings Account ES -Escrow Account a-Market values for L.A.I.F provided by State Treasurer
* FDR =The Financial Directory rating is based on computer analysis of prime financials reported quarterly by the institutions to the Federal Reserve Board and the Federal
Home Loan Bank Board. Ratings based on information released July 1998.
This report reflects Pooled Cash, Investments and Restricted Cash which are available resources to fund operations, debt service and capital improvements. Other interest bearing
assets (notes receivable) are listed above. Debt service reserve funds held by trustees are restricted pursuant to indenture covenants and have been excluded from this report.
Pursuant to Government Code Section 53646, the Ciry's investment portfolio is in compliance with the adopted investment policy and there are adequate resources to meet
anticipated pool expenditure requirements for the next six months.
Sub ted b
Approved by:
(Unaudited Results)
Cash 8lnvest 02-03
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003
DEPT: Community Development
AGENDA ITEM:
CITY MANAGER: ~C/~-?G~~
PREPARED BY: Kristin Borel DEPT HEAD:
SUBJECT: Planning Commission Actions, June 11, 2003
RECOMMENDED ACTION(S):
Note and file.
REPORT SUMMARY:
Attached are the Planning Commission Action Minutes of June 11, 2003
. FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Action Minutes -Saratoga Planning Commission
CITY OF SARATOGA PLANNING COMMISSION .
ACTION MINUTES
DATE: Wednesday, June 11,2003 - 7:00 p.m.
PLACE: Council Chambers/Civic Theater,13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
ROLL CALL' Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl,
Ruchi Zutshi and Chair Jill Hunter
Absent: None
Staff: Planners Oosterhous tsr Welsh, Director Sullivan, and Minutes Clerk Shinn
PLEDGE OF ALLEGIANCE
MINUTES: Draft Minutes from Regular Planning Commission Meeting of May 28, 2003. (APPROVED 7-0)
ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on
matters not on this agenda The law generally prohibits the Planning Commission from discussing or tahing action on such items. However,
the Planning Commission may instructstaffaccordingly regardingOral Communications underPlanriingCommissiondirection toStaff.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 5, 2003. •
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk
within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b).
CONSENT CALENDAR
- None
PUBLIC HEARINGS
All interested persons may appeaz and be heard at the above time and place. If you challenge a decision of
the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those
issues you or someone else raised at the public hearing(s) described in this agenda, or in written
correspondence delivered to the Sazatoga Planning Commission at, or prior to, the public heazing. In order
to be included in the Planning Commission's information packets, written communication should be filed on
or before the Monday, a week before the meeting.
1. APPLICATION #03-021 (393-45-45) -PEEBLES; 13755 Saratoga Avenue - The Planning
Commission is required to determine the allowable floor area for the proposed project because the
site area is less than 5,000 square feet (MCS 15-45.0309(d)). The proposed project also requires
design review approval. The proposed project includes first and second-story additions to an
existing two-story residence located at 13755 Saratoga Avenue along Heritage Lane. In general,
the appearance of the existing residence remains unchanged. The proposed 558 square foot
additions are located to the rear and right side yard of the site and reflect the existing style and
• materials. The site is zoned R-120,000. (CHRISTINE OOSTERHOUS) (APPROVED 7-0)
2. APPLICATION #03-079 (397-09-010) - WARRINER TRUST; 19120 Monte Vista Drive -The
applicant requests approval to subdivide one parcel into two building sites. The property is
zoned R-140,000. The proposed parcels are greater than one acre. The existing parcel is over 2.5
acres. The existing residence is to remain. (CHRISTINE OOSTERHOUS) (APPROVED 7-0)
NEW BUSINESS
3. Edencrest Lane (503-12-029) -SNOW; Request for interpretation of Zoning Ordinance,
Section 15-30.050(f) regarding grading. (ANN WELSH)
Continued from Meeting of May 28, 2003 (ACCEPT STAFF RECOMMENDATION)
DIRECTORS ITEM
- None
COMMISSION ITEMS
- None
•
COMMUNICATIONS
WRITTEN
- City Council Minutes from Regular Meetings on May 7, 2003
ADJOURNMENT AT 8:SO PM TO THE NEXT MEETING
- Wednesday, June 25, 2003, at 7:00 p.m. in the Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
If you would like to receive the Agenda's via a-mail, please send your a-mail address to planning@sarato ag ca us
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003
ORIGINATING DEPT: Public Works
PREPARED BY: Morean Kessler
AGENDA ITEM: ~~
CITY MANAGER: ~^-~G:~-~--'
DEPT HEAD:
SUBJECT: Sazatoga Speed Zone Study.
RECOMMENDED ACTION(S):
1. Approve second reading of Ordinance Amending Section 9-30.060 of the Saratoga
City Code Concerning the Modification Of Speed Limits On Certain City Streets.
2. Approve Resolution Accepting the Report of the Traffic Engineer on Special Factors
Affecting Reasonable Speeds on Allendale Avenue,. Beaumont Avenue, and Cox
Avenue.
REPORT SUMMARY:
Background
Higgins Associates, under City contract, prepared the Saratoga Speed Zone Survey in 2002. This
survey made recommendations regarding appropriateness of speed limits along selected City
streets. The majority of recommendations involved keeping current speed limits as-is. There were
four street segments where Higgins recommended and increase in speed limit.
During the June 7`h 2003 City Council meeting, staff presented Council with a speed zone
Ordinance concerning the modification of speed limits on four City streets. Staff also reported the
findings of the City Traffic Engineer regarding mitigating circumstances along three of the above
street segments.
Discussion
The Sazatoga Speed Zone Survey produced by Higgins Associates recommended that the posted
speed limit be increased along the following streets:
1. Beaumont Avenue
2. Allendale Avenue
3. Cox Avenue
i
4. Standardize speed limit along Saratoga-Sunnyvale Road
After review of the survey, the Saratoga Public Safety Commission voted for no increases in speed
limit. Several residents also expressed concern and opposition regarding an increase in speed limit.
The City Traffic Engineer subsequently investigated the first three of the above streets and
determined mitigating circumstances that justify the rejection of speed limit increases for the street
segments. These conditions were provided to Council in a memorandum issued prior to the June
4`~ Council meeting.
The City Attorney has prepared a motor vehicle Ordinance that modifies the speed limit along
Saratoga-Sunnyvale Road. Additionally, the City Attorney has prepared a Resolution that accepts
the City Traffic Engineer's report on mitigating circumstances on Beaumont, Allendale, and Cox
Avenues. This resolution will allow the speed limits on these streets to remain at 2S MPH.
FISCAL IMPACTS:
No direct fiscal impacts.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Saratoga Speed Zone Survey recommendations would not be accepted at this time and the
recommended changes to the Motor Vehicle Ordinance would not be approved.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The ordinance will be incorporated into the Saratoga Motor Vehicle Code, and the Saratoga Speed
Survey will be filed with the County Traffic Court.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Saratoga Speed Zone Ordinance.
2. Resolution accepting Traffic Engineer's recommendations.
2of2
• ORDINANCE NO.
AN ORDINANCE .AMENDING SECTION 9-30.060 OF THE SARATOGA CITY CODE
CONCERNING THE MODIFICATION OF SPEED LIMITS ON CERTAIN CITY
STREETS
THE CITY COUNCIL OF THE CITY OF SARATOGA bOES ORDAIN AS FOLLOWS:
Section 1. Findings.
A: The City of Saratoga contracted with Higgins Associates Civil and Traffic Engineers to
provide an engineering and traffic survey of Saratoga city streets. In addition, the City
Traffic Engineer reviewed conditions on certain of the City streets. Based on the results
of the survey, the City of Saratoga has determined that the speed limit for certain public
streets should be modified to a speed that is more appropriate to facilitate the orderly
movement of traffic.
B. Based on the results of the Higgins Survey and the review by the City Traffic Engineer,
the City finds that the revised speed limits set forth below are reasonable and safe.
Section 2. Modification of Speed Limits for Certain City Streets.
Section 9-30.060(d) of the Saratoga City Code is hereby amended as shown below. Text
inserted by this section is indicated in bold, double-underlined font exam le ;text deleted by this
ordinance is indicated in strikeout font (ex-antgle). Text in standard font is unchanged by this
ordinance.
"(d) Forty miles per hour.
Prospect Road. From its intersection with Saratoga/Sunnyvale Road to its intersection
with Lawrence Expressway, exclusive of that portion of such street contiguous to any
school building or grounds which shall be subject to a twenty-five miles per hour prima
facie limit in accord with, and at the time specified by, Section 22352(b)(2) of the
Vehicle Code.
Gem Aueaa~
Saratoga Avenue. From its intersection with Fruitvale Avenue to its intersection with the
easterly City limit line.
Saratoaa/Sunnwale Road. From its intersection with Saratoaa Avenue to
Prospect Road. exclusive of that portion of such street contiguous to anv school
building or grounds which shall be subiect to a twenty-five miles per hour prima
facie limit in accord with. and at the time specified bv. Section 22352(bl(21 of the
Vehicle Code."
Ordinance No.
Section 3, Severance Clause. .
Each section, sub-section, pazagraph, sub-pazagraph, sentence, clause and phrase of this
ordinance is severable and independent of every other section, sub-section, paragraph, sub-
pazagraph, 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 remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 4. Publication.
The City Clerk shall cause this ordinance or a summary thereof to be published once in a
newspaper of general circulation of the City of Saratoga within fifteen days after its adoption.
Section 5. Effective Date.
This Ordinance shall take effect thirty days after the date of its adoption.
Section 6. CEQA Compliance.
The City Council finds and determines that the enactment of this Ordinance is not a
"project" as that term is used in the California Environmental Quality Act ("CEQA") (Cal. Pub.
Res. Code § 21000 et seq.) or the State CEQA Guidelines (Cal. Code of Regs., Title 14, § 15000
et seq.). Therefore, no environmental assessment is required or necessary.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the day of , 2002, and was adopted by the
following vote following a second reading on the day of , 2002:
AYES:
NOES:
ABSENT:
NICK STREIT, MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
Ordinance No.
. CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
P:\SARATOGA~RFSOLUTPSpeed Limit Ordinance (Revised per 6-4-03 CC Meeting).doc
C~
Ordinance No.
RESOLUTION NO. •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ACCEPTING THE REPORT OF THE TRAFFIC ENGINEER
ON SPECIAL FACTORS AFFECTING REASONA$LE SPEEDS
ON ALLENDALE AVENUE, BEAUMONT AVENUE, AND COX AVENUE
WHEREAS, the City's goal is to maintain reasonable automobile travel speeds on
residential streets with pedestrian and bicycle activity; and
WHEREAS, California Vehicle Code section 627 allows the consideration of residential
density, pedestrian safety, and bicycle safety in the preparation of an engineering and
traffic survey by a local jurisdiction; and
WHEREAS, this information is used to help determine the appropriate posted speed
limits for local roadways; and
WHEREAS, the Saratoga Public Safety Commission has recommended that several of
the speed limit increases proposed in the Higgins Associates Speed Zone Survey
(February 2002) not be made due to anticipated risks to pedestrian and bicycle safety; and
WHEREAS, the City's Traffic Engineer has reviewed the conditions at the segments of .
concern and determined that increasing the speed limits could pose a threat to pedestrian
and bicycle safety;
NOW, THEREFORE, BE IT RESOLVED that based on the following special
circumstances identified by the City Traffic Engineer and not reflected in the Higgins
Speed Zone Survey, the City Council determines that the speed limit on Allendale
Avenue between Chester Avenue and Quito Road should remain at 25 mph:
• No separate sidewalk or path is provided between Loquat Court and Chester
Avenue.
• No separate bicycle lanes are striped between Quito Road and Via Alto Court
(east of Chester Avenue).
• The eastbound travel lane does not provide additional width for bicyclists to share
the road comfortably with vehicles. This narrow width continues over the bridge
over Vasona Creek.
• The residential density of homes on both sides of the street (23 over 1,670 feet)
along the segment exceeds the the ratio of 16 dwelling units over 1,320 feet
specified for consideration of residential density as a constraint on traffic speeds.
BE IT FURTHER RESOLVED that based on the following special circumstances •
identified by the City Traffic Engineer and not reflected in the Higgins Speed Zone
• Survey, the City Council determines that the speed limit on the entire length of
Beaumont Avenue should remain at 25 mph:
No continuous separate sidewalks or paths, or bicycle lanes are provided along
the entire segment. Although the street is relatively wide, on-street parking is
provided on both sides of the street which forces pedestrians and bicyclists closer
to moving vehicles.
The residential density of homes on both sides of the street (47 over 2,850 feet)
along the segment exceeds the ratio of 16 dwelling units over 1,320 feet specified
for consideration of residential density as a constraint on traffic speeds.
Lastly, this collector. street is similar in character to numerous other neighborhood
streets with front-on residential housing in Saratoga that are posted for 25 mph.
BE IT FURTHER RESOLVED that based on the following special circumstances
identified by the City Traffic Engineer and not reflected in the Higgins Speed Zone
Survey, the City Council determines that the speed limit on Cox Avenue between
Saratoga Avenue and Paseo Presada should remain at 25 mph:
• The recommendation acknowledged the proximity of elderly residents in nearby
developments (Saratoga Court and on Sara Park Circle), the presence of the
Challenger Preschool/Kindergarten facility, and the pedestrian and delivery
. vehicle activity associated with the adjacent retail and commercial office uses.
• An uncontrolled, painted crosswalk across Cox Avenue is located near the curve
just west of Quito Center. Pedestrians using this crosswallc (i.e., older residents
and small children) often move more slowly and require more time to cross the
street. The existing limit of 25 mph would provide a driver more time to react to
these individuals.
• In the eastbound direction this 1,200-foot long segment of Cox Avenue feeds into
the segment east of Paseo Presada, which is posted for 25 mph and includes front-
on-housing. Having a consistent speed limit beginning east of Saratoga Avenue
would reduce driver confusion.
PASSED, APPROVED AND ADOPTED this 18th day of June, 2003 by the following
votes,
AYES:
NOES:
ABSENT:
ABSTAIN:
2
MAYOR
ATTEST:
CITY CLERK
7
AMENDMENT
SARATOGA CITY COUNCIL
J
MEETING DATE: June 18, 2003 AGENDA ITEM: ~~
ORIGINATING DEPT: Cit Manager CITY MANAGER: ~"~~~-
PREPARED B DEPT HEAD:
SUBJECT: Appointment of Youth Commission Member and Oath of Office
RECOMMENDED ACTION:
That Council approve the attached resolution appointing Jessica Claus to the Youth Commission.
The term for this appointment will expire on 07/01/2005.
REPORT SUMMARY:
Attached is the resolution appointing the above named student to the Youth Commission. The
Oath of Office will be administered and signed by the Commissioner.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Appointment will not be made to the Youth Commission.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Update City's Official Roster.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the Council Agenda.
ATTACHMENTS:
Attachment A -Resolution of Appointment
Attachment B -Oath of Office
.~
RESOLUTION NO. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPOINTING ONE MEMBER TO THE YOUTH
COMMISSION
WHEREAS, six vacancies were created on the Youth Commission resulting
.from the- expiration of the terms of office of Phillip Baker, Michael Byrne, Jackie
Luskey, Andy Miller, Ross Levine and Elise Schanz; and
WHEREAS, a notice of vacancy was ,posted, applications were received,
interviews have been conducted; and
WHEREAS, on June 4, 2003 the. City Council appointed six members to the
Youth Commission; and
WHEREAS, after a recommendation :from. the Chair of the Youth
Commission was presented to the City Council, it is now their desire to appoint one
additional student to the Youth Commission to represent Prospect High School.
NOW, THEREFORE, BE IT RESOLVED, that the following appointment •
is made for terms expiring July 1, 2005:
JESSICA CLAUS
The above and foregoing resolution was passed and adopted at a regular meeting of
the Saratoga City Council held on the 18~ day of June, 2003 by the following vote:
AYES:
NOES:
ABSTAIN:
ASSENT:
Nick Streit, Mayor
ATTEST:
Cathleen Boyer, City Clerk
C~
r
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Jessica Claus, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of
. evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter
Jessica Claus, Member
Youth Commission
Subscribed and sworn to before me on
This 18~' day of June 2003.
Cathleen Boyer, CMC
City Clerk
U
,:
SARATOGA CITY COUNCIL
MEETING DATE: June I$; 2003 AGENDA ITEM: i J
.ORIGINATING DEPT: Recreation CITY MANAGER:
PREPARED BY: Joan Pisani DEPT HEAD: ,~,.~-~
SUBJECT: North Campus Fence Project -Notice of Completion
RECOMMENDED ACTION(S):.
Move to accept the North Campus Fence Project as complete and authorize staff to
record the Notice of Completion for the construction contract.
REPORT SUMMARY:
All work for the North Campus Fence Project has been completed by the City's contractor,
Central Fence Company, and has been inspected by Public Works staff. The final construction
contract amount was $23,250,
In order to close out the construction contract and begin the one-year warranty period, it is
recommended that the Council accept the project as complete.- Further, it is recommended that
the Council authorize staff to record the attached Notice of Completion for the .construction
contract so that the requisite 30-day Stop Notice for the fling of claims by subcontractors or
material providers may commence.
FISCAL IMPACTS:
The ten percent retention withheld from previous payments to the contractor will be released 30
days after the recordation of the Notices of Completion assuming no Stop Notices are filed with
the City. The adopted budget contains sufficient funds to cover the cost of construction:
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The project would not be accepted as complete and staff would notify the contractor of any
additionalwork required by the City Council before the project would be accepted as complete.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staff will record the Notice of Completion for the construction contract and release the contract
sureties and retentions thirty days thereafter.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional
ATTACHMENTS:
1. Notice of Completion for the North Campus Fence Project..
C~
Recording requested by, Joan Pisani
And to be returned to:
City of Saratoga
Recreation Department
13777. Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract
mentioned below between the City of Sazatoga, a municipal corporation, whose address
is 13777 Fruitvale Ave., Sazatoga, CA 95070, as Owner ofproperty or property rights,
and the Contractor. mentioned below, on property of the Owner, was accepted as
complete by the Owner on the 18th day of June, 2003.
Contract Number: N/A
Contract Date: Mazch 5, 2003
Contractor's Name: Central Fence Company
Contractor's Address: 1304 Whitton Avenue, San Jose, California 95116
Description of Work: North Campus Fence Project
Notice is given in accordance with the provisions of Section 3093 ofthe Civil Code of
the State of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that
the same is true of his own knowledge, except as to those matters which are therein stated
on the information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the
City of Sazatoga, County of Santa Clara, State of California on June 18, 2003.
CITY OF SARATOGA
BY:
Dave Anderson
City Manager
ATTEST:
Cathleen Boyer, City Clerk
Gov. Code 40814
-....J
Y
h
1
`.~
SARATOGA CITY COUNCIL
MEETING DATE: June 18.2003
ORIGINATING DEPT.: Community Development
PREPARED BY: Lata Vasudevan
AGENDA ITEM: ~~1
CITY MANAGER: ~-~-~GG-~~-~
DEPT. HEAD:
SUBJECT: Granting of Community Development Block Grant (CDBG) funds for Septic
Abatement
RECOMMENDED ACTION(S):
Adopt the attached Resolution authorizing Staff to grant a maximum of $18,000 in CDBG funds
to a Saratoga property owner to cover. the cost of septic abatement.
BACKGROUND:
The City of Saratoga allocated $87,270 of FY 00/O1 Community Development Block Grant
funds to assist low-income Saratoga homeowners to comply with the City's sanitary sewer
connection ordinance. Since then, four homeowners-have received grants for septic abatement.
Of the initial FY 00/Ol allocation, $41,058.54 currently remains to assist homeowners. The grant
covers the cost of all necessary permits and the construction cost for septic tank abatement and
connection to the sanitary sewer system.
In April of this year, Staff sent letters to property owners notifying the availability of CDBG
funds for septic abatement. The letters were sent to property owners who. are either currently
required to abate their septic tanks or have obtained afive-year extension to comply with the
City's ordinance.. In response to this letter, a Saratoga homeowner submitted an application
which was reviewed by asub-committee composed of Council members Stan Bogosian and Ann
Waltonsmith. The sub-committee determined that the property owner was eligible to receive the
.grant based on guidelines for the review of such applications adopted by the City Council in
Resolution 02-064. Staff then requested the applicant to obtain the permit cost from West
Valley Sanitation District and three quotes from contractors to perform the actual septic
abatement and sewer connection.
The attached Resolution, authorizing a maximum grant of $18,000 of CDBG funds to the
property owner, is based on the permit fee and the sub-committee's review of three quotes
received on the construction costs. The property owner will be responsible for selecting and
executing a contract with one of the three contractors. As stated in the attached Resolution, the
actual abatement and sewer connection work shall commence within 90 days from the date of
adoption of the attached Resolution or the grantwill expire.
FISCAL IMPACTS:
There will be no impacts to the General Fund since the grant will be funded through the
Community Development Block Giant program.
.ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
.CONSEQUENCES OF NOT ACTING:
The Saratoga resident will be unable to comply with the City's requirement for septic abatement.
FOLLOW UP ACTION(S):
Staff will work with the property owner in the disbursement of a maximum amount of $18,000 in
CDBG funds for septic abatement.
ATTACHMENTS:
1. Resolution
y
''
~'
RESOLUTION NO.
A RESOLUTION OF THE CTTY COUNCIL OF THE. CTI'Y OF SARATOGA
AUTHORIZING STAFF TO GRANT A MAXIMUM OF $18,000 OF CDBG FUNDS TO A
SARATOGA HOMEOWNER FOR THE PURPOSE OF SEPTIC TANK ABATEMENT AND
CONNECTION TO THE SANITARY SEWER SYSTEM
WHEREAS, the Saratoga City Council has adopted a septic tank abatement ordinance
that applies to all properties within the City; and
WHEREAS, the City Council has allocated Community Development Block Grant funds
to assist qualified property owners who would otherwise be unable to comply with the ordinance
requirements due to financial hazdship; and
WHEREAS, the City Council has appointed two Council members to participate in a sub-
committee to review all applications for CDBG funds for septic abatement; and
WHEREAS, the sub-committee has reviewed an application from a Saratoga homeowner
for CDBG funds for septic abatement, and has recommended a maximum grant of $18,000 in
CDBG funds that may be used towards the cost of all necessary permits and the abatement and
connection costs.
NOW, THEREFORE, be it resolved that the City Council of the City of Sazatoga hereby
authorizes Staff to grant a maximum of $18,000 in CDBG funds for septic abatement at the
homeowner's property - APN 397-O1-010.
NOW, THEREFORE, be it further resolved that the abatement and sewer connection
work shall commence within 90 (ninety) days from the date of adoption of this Resolution or the
grant shall expire.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Saratoga this 18th day of June 2003, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cathleen Boyer, City Clerk
Mayor Nick Streit
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003 AGENDA ITEM:
ORIGINATING DEPT: City Manager CITY MANAGER: ~~/
PREPARED BY: - DEPT HEAD:
SUBJECT: Council Agency Assignments and Commission Liaisons
RECOMMENDED ACTION:
Adopt resolution.
REPORT SUMMARY:
The City Council reorganized on December 10, 2002, for the coming year and assignments to
various committees, commissions agencies and. adhoc committees were adopted by Resolution
02-098:
It has been brought to the attention of the Mayor that Councilmember Kline has been assigned to
three different commissions/agencies that meet on the same evening.
It is recommended that the following change to the following agency be approved by the attached
resolution:
Agency
Councilmember Alternate
Chamber of Commerce I£liiie- Streit King
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Council representative to the Chamber of Commerce would not be filled.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Disseminate information to Chamber of Commerce.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENT:
Attachment A -Resolution
•
RESOLUTION N0. 03-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
RESOLTUION 02-098 APPOINTING COUNCIL REPRESENTATIVES TO
COMMITTEES, COMMISSIONS, AGENCIES AND ADHOC COMMITTEES
WHEREAS, the City Council reorganized on December 10, 2002, for the coming year; and
WHEREAS, representatives from the City Council serve on various committees, commissions
agencies and adhoc committees; and
WHEREAS, the responsibility for representing the City Council should be shared by all its
members; and
WHEREAS, it has been brought to the attention of the Mayor that Councilmember Kline has
been assigned to three different commissions/agencies that meet on the same evening;
NOW, THEREFORE, BE IT RESOLVED that the following agency assignment be amended
as follows through December 2003, or until replaced:
Agency
Chamber of Commerce
Councilmember Alternate
I4line- Streit King
The above and forgoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on 18`h day of June, 2003, by the following vote:
AXES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cathleen Boyer, City Clerk
Nick Streit, Mayor
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003. AGENDA ITEM: ~~
ORIGINATING DEPT: Public Works CITY MANAGER: ~~
PREPARED BY: .h\ ~X.~l' DEPT HEAD: ~wl t.-c-'ti~
SUBJECT: Funding Agreement for the Saratoga-Sunnyvale Road Improvement Project with the
Santa Clara Valley Transportation Authority (VTA)
RECOMMENDED ACTION:
Authorize the City Manager to execute a Funding Agreementwith VTA for the Saratoga-Sunnyvale
Road Improvement Project.
REPORT SUMMARY:
Background:
In early 1993, the City submitted an application to obtain funding through the Intermodal Surface
Transportation Efficiency Act (ISTEA) for roadway improvements along the entire length of
Saratoga-Sunnyvale Road to be included in the 1995 Federal Transportation Improvement Program
(T1P). The City's project scored very well and was subsequently placed on the County's
"Guarantee" list of ISTEA projects,
In June of 1993,the County Congestion Management Agency (CMA) adopted the final list of Santa
Clara County ISTEA projects to be included in the 1995 TIP. At that time the City's project was
removed from the "Guazantee" list of projects and placed as one of three projects on a "Guazantee
Reserve" list of projects. The reason behind this was to substitute the County Traffic Authority's
(now VTA) Route 237/Maude-Middlefield Interchange project, an original Measure AB project.
This was done because funding for that project from the then new Measure AB became doubtful as
a result of a legal challenge against the new Measure, and the CMA's desire to assure that the Route
237/Maude-Middlefield project would get built.
To ensure that the City's project would get funded, the County Traffic Authority programmed
funding out of Measure AB. This essentially swapped funds with ISTEA funds used on the
237/Maude-Middlefield project. The Courts subsequently upheld Measure A/B, and funding
became available for the Saratoga-Sunnyvale Road Improvement project.
Discussion;
Attached to the staff report is a Funding Agreement between the City and VTA for the Sazatoga-
r
i
Sunnyvale Road Improvement project. Once executed, funding in the amount of $880,000 will .
become available for the project. These funds are in addition to the $2 million dollars received
from Caltrans in connection with the relinquishment of Saratoga-Sunnyvale Road (Old Route 8S).
These funds bring the project budget to $2,880,000 as programmed in the adopted Five-Year CIP
for this project.
FISCAL IMPACTS:
Funding in the amount of $880,000 will become available for the project.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Funding Agreement would not executed and the funds would not be available for the Saratoga-
Sunnyvale Road Improvement project.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The agreement, if executed, will be forwarded to VTA.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Funding Agreement.
2 of 2
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
. CITY OF SARATOGA
FUNDING AGREEMENT
This Finding Agreement is between the Santa Clara Valley'I7ansportation
Authority, (VTA) and the City of Saratoga (CITY).
RECITALS
I. Saratoga/Sunnyvale Road is a principal roadway arterial for the movement of
workers, goods, and services within the City of Saratoga.
2. Saratoga-Sunnyvale Road is aging, and in need of capital and operational
improvements between Prospect Road to Highway 9.
3. The City wishes to design and construct these improvements, consisting of
pavement repairs and overlay, sidewalk and pathway improvements, curb and
gutter improvements, spot widening, AC beams, ADA ramps, drainage
improvements and the construction of bicycle lanes.. ("Old
Saratoga/Sunnyvale Road. Reconstruction Project (PROJECT)")
• 4. VTA, in its capacity as Congestion Management Agency for Santa Clara
County, has approved the contribution to CITY of $880,000 in Local Program
Reserve funds to fund the PROJECT.
5. VTA and the CITY desire to specify herein the terms and conditions under
which the PROJECT is to be conducted and fmanced.
SECTION I
The CITY Agrees:
1. To serve as project manager, acting as fiscal agent and contracting entity for
consultants and contractors.
2. To design and construct road improvements, consisting of pavement repairs
and overlay, sidewalk and pathway improvements, curb and gutter
improvements, spot widening, AC beams, ADA ramps, and drainage
improvements, to the design standards set forth by the CITY for arterial and.
collector streets.
3. To design and construct bicycle lanes to the standards set forth by the VTA
Bicycle Technical Guidelines.
4. To submit invoices to the VTA with details of all costs incurred during the
invoice period.
5. To retain all books, documents, papers, accounting records and other evidence
pertaining to costs, until September 30, 2007.
6. To complete the PROJECT and fully expend all funds by September 30, 2004.
SECTION II
VTA Agrees:
1. To pay the CITY within 30 days after receipt of each monthly billing and to
continue making such payments until the PROJECT is complete or the VTA
fund contribution is fully invoiced; whichever occurs first.
2. To contribute a maximum of $880,000.
SECTION III
General Provisions
It is mutually agreed:
1. Neither VTA nor any officer or employee thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to
be done by the CITY under or in connection with any work, authority or •
jurisdiction delegated to VTA or the CPPY under this finding Agreement.
It is understood and agreed that pursuant to Government Code 895.4, the
City shall fully defend, indemnify, and save harmless VTA from all suits or
actions of every name, kind and description brought on for or on account
of injury (as defined in Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by the CITY under or in
connection with any work, authority or jurisdiction delegated to VTA under
this finding Agreement.
2. Neither the CITY nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted
to be done by VTA under or in connection with any work, authority or
jurisdiction delegated to the CITY or VTA under this Funding Agreement.
It is understood and agreed that pursuant to Government Code 895.4, VTA
shall fully defend, indemnify, and save harmless the CITY from all suits or
actions of every name, kind and description brought on for or on account
of ixljury (as defined in Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by VTA under or in
connection with any work, authority or jurisdiction delegated to VTA under
this Funding Agreement.
3. No alternation or variation of the terms of this Funding Agreement shall be
valid unless made in writing and signed by both of the parties hereto and
Saratoga-SR 85 Agreement Page 2 of 4 Revision Date: 4/16/03
no oral understanding or agreement not incorporated herein shall be
. binding on any of the parties hereto
4. This Funding Agreement is effective June 1, 2003, and shall terminate on
September 30, 8004, unless all parties agree, in writing, to an extension.
5. This F~lnding Agreement contains the entire understanding between the
VTA and the CITY for the PROJECT. It supercedes any and all other
agreements, which may have existed between the parties. This Ftilnding
Agreement shall not be modified except by written agreement signed by
each party. This Flmding Agreement shall be binding upon each party,
their legal representatives, and successors.
6. All correspondence relating to the PROJECT, including all notices required
under this Agreement maybe delivered by first class mail addressed to the
appropriate party at the following addresses.
Michael P. Evanhoe
Chief Development Officer, Congestion Management and FHghway Programs
Santa Clara Valley Transportation Authority
3331 North F7rst Street.
• San Jose, CA 95134
John Cherbone
Director of Public Works
City of Saratoga
13777 Fhlitvale Avenue
Saratoga, CA 95033
U
Sazatoga-SR 85 Agreement Page 3 of 4 Revision Date: 4/16/03
THE CITY OF SARATOGA
(CITY)
Dave Anderson, City Manager
Approved as to Form and Legality:
Richard S. Taylor, City Attorney
SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY
~(VTA)
Peter M. Cipolla, General Man g~
~~/v ~-
Approved asto Form:
~' / / n //nom/ / C
~!~
Counse~ ~y,~~ a~ ~) ~
•
•
SaratogaSR 85 Agreement Page 4 of 4 Revision Date: 4/16/03
C~
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003
AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~
PREPARED BY: Jesse Baloca DEPT HEAD•
SUBJECT: Letter of Understanding between the City of Saratoga and the Saratoga
Employee's Association (SEA)
RECOMMENDED ACTIONS:
1. Adopt resolution ratifying the Memorandum
Sazatoga Employees Association.
2. Approve the Memorandum of Understanding
Association.
REPORT SUMMARY:
of Understanding between the City and the
between the City and the Sazatoga Employees
Under the direction of the City Manager, the City was represented by the Administrative Services
Director and the Assistant City Manager during the negotiating process with.SEA. The current
Memorandum of Understanding (MOU) between the City and the SEA expires on June 30, 2003.
.Attached is the proposed MOU for the period July 1, 2003, to June 30, 2004. Changes from the
previous MOU reflect the following:
1. No merit increase and 1.4% cost. of living (COLA) tied to the December local CPI, rounded
to the nearest I Oa' of a percentage.
2. Adoption of a 9/80 work schedule.
3. Extended time limit to use comp time from 90 to 180 days.
4. Full day salary for holidays.
5. Standby and callout process and procedure.
6: Amendment to the City PERS contract allowing veteran employees to buy yeazs of military
service for retirement credit, at the expense of the employee.
FISCAL IMPACTS:.
Estimated financial impact by the City is approximately $58,000 for COLA, salaries and benefits,
for fiscal year 2003-2004. Estimated impact for implementing a standby and callout process and
procedure is expected to cost under $5,000.
0
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS:
City employees represented by the SEA will not have a current employee agreement. Future
approval of an agreement could require retroactive implications.
ALTERNATIVE ACTIONS:
Direct the City Manager to return on July 2, 2003, with a revised MOU.
FOLLOW UP ACTIONS:
Implement the terms of the MOU, effective July 1, 2003.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT:
Saratoga Employees Association Memorandum of Understanding
2
• RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA
EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9.132 AS AMENDED,
ADJUSTING SALARIES AND BENEFITS FOR NON-MANAGEMENT EMPLOYEES
WHEREAS, the Memorandum of Understanding between. the City of Saratoga (the City) and the
Saratoga Employees Association (SEA) expires June 30, 2003; and
WHEREAS, the City of Saratoga, through its designated representatives and pursuant to state
law, has met and conferred with the organized. employee representative association, SEA,
through its designated representatives, concerning a new Memorandum of Understanding
governing terms of employment, salaries, benefits and other matters; and
WHEREAS, the representatives of the City and SEA have reached an understanding regarding
terms of employment, salaries, benefits and other matters for the period July 1, 2003, through
June 30, 2004, for employees represented by the SEA, all of which are specified in a
Memorandum of Understandings dated July 1, 2003, as set forth in Exhibit "A" .and Non-
Management Salary Ranges and July 1, 2003, as set forth in as Attachment "A" to Exhibit "A"
and referred to in the Memorandum of Understanding, attached hereto.
• NOW, THEREFORE, BE IT RESOLVED that the amendment to the terms and conditions of the
Memorandum of Understanding between the City and SEA, July I, 2003 are hereby ratified and
approved.
The above and foregoing resolution was passed and adopted by the City Council of the City of
Saratoga on the 18th day of June, 2003, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Nick Streit, Mayor
Cathleen Boyer, City Clerk
Exhibit A
CITY OF SARATOGA .
MEMORANDUM OF UNDERSTANDING FOR
WAGES, EMPLOYEE BENEFITS
AND CONDITIONS OF EMPLOYMENT
I. INTRODUCTION
This Memorandum of Understanding (MOU), or "AGREEMENT", dated July 1, 2003; is
between the City of Saratoga through its designated representatives, hereinafter refen•ed to
as "CITY" and the Saratoga Employees Association (SEA), hereinafter referred to as
"ASSOCIATION."
This Memorandum of Understanding complies with the provisions of the Meyers-Milias-
Brown Act, as contained in Section 3500, et seq:, of the Government Code of the State of
California in that the employer-employee representatives noted herein did meet in good
faith and did reach an understanding on those matters. within the scope of representation.
This Memorandum of Understanding also complies with Resolution No. 509-2 relating to
employer-employee relations, and Resolution No.489-2, establishing the procedure for
meeting and confemng with recognized employee organizations.
This Memorandum of Understanding was approved by the Saratoga City Council pursuant •
to Resolution 85-9._(tbd)_ adopted on June 18, 2003.
II. Personnel Rules and Regulations/Existing Benefits Continued:
This Memorandum of Understanding incorporates by reference the terms of the
Memorandum of Understanding for the period of July 1, 2001 through June 30, 2003 as
approved by the City Council in City Resolution 85-9.132 (hereinafter "2001 MOU").
This Memorandum of Understanding does not propose any modifications or changes in
the provisions of the 2001 MOU, or of existing benefits, unless a specific reference is
made herein to a modification or addition to the conditions of these regulations.
III. Modifications and Additions to the 2001 MOU.
The following modifications and additions are made to the terms of the 2001 MOU for the
term of this Memorandum of Understanding.
1. Term. The term of this Memorandum of Understanding shall be-from July 1, 2003
through June 30, 2004.
2. Salary Ranges and Step Increases. Section III.A of the 2001 MOU is replaced .
with the following:
• Effective July 1, 2003, all classified salary ranges and steps will be increased by
1.4% (one and four tenths percent) based on the December 2002 Consumer
Price Index published by the US Department of Labor Bureau of Labor Statistics
for the San Francisco-Oakland-San Jose Regional Area for All Urban
Consumers. Adjusted salary ranges for all applicable positions and
classifications shall be as set forth in Attachment A.
The City of Saratoga classifies all miscellaneous positions according to duties
and responsibilities, and a salary range is established for each job classification.
There are twenty-six steps within each range, and new employees are
customarily hired at the entry-level salary, or the "1"step of the range.
All regular employees will be evaluated on their anniversary date and will be
eligible to advance annually in their salary range based on overall job
performance except that advancements in salary range shall be suspended during
the term of this Memorandum of Understanding. A regular employee must be
on the job for at least nine months during the twelve-month period preceding
their anniversary date to be eligible for a performance review on their
anniversary date. If a regulaz employee is not on thejob for this minimum
length of time, the performance review date shall be extended until such time as
the employee is on the job for nine months over atwelve-month period.
3. Performance Incentive Compensation. Section III.C of the 2001 MOU shall be
suspended and of no force and effect.
4. Probation. The terms of Section N of the 2001 MOU that allow probationary
employees to advance in their salary range shall be suspended and of no force and
effect.
5. Working Conditions. The following text is added to Section VII of the 2001
MOU:
The City may operate on a 9/80 work schedule to be determined by the City
Manager and Department Heads where afull-time work week is a work week of
forty (40) hours within seven consecutive 24 hour days, also defined as one-
hundred sixty-eight (168) hours. Under the 9/80 work schedule, some or all
employees maybe required to serve afull-time work period within 9 workdays
during hours to be determined by the City Manager and Department Heads.
Under the 9/80 work schedule Fridays when the City is not open for business aze
referenced as "off-Fridays."
6. Overtime Pay. Section VIII of the 2001 MOU is revised to (1) provide that non-
exempt employees are granted the eligibility for overtime pay for time worked in
excess of 11 hours in one work day or 40 hours in one work week; (2) provide that
overtime compensation shall be computed at two times the employee's regular rate
of pay for time worked in excess of 13 hours in one day or 60 hours in one work
of pay for time worked in excess of 13 hours in one day or 60 hours in one work •
week; (3) provide that approved compensatory time should be used within 180 days
from when it is earned and to require City Manager approval for carryover of
compensatory time beyond the 180 day period; and (4) to replace the second
paragraph with the following:
Effective July 1,1995, City agrees to include paid leave time taken as time
worked for purposes of calculating eligibility for overtime pay for all regular
non-exempt positions in the. City service.
7. Call Out Pay: Section IX of the 2001 MOU is replaced with the following:
Non-exempt employees who are called out to perform work of an emergency
nature-are compensated at their regular rate of pay for a minimum three hours for
each occurrence at one and one-half times (1.5) the hourly-rate, on weekends
between 6:00 P.M. Friday (or Thursday if the next day is an "off-Friday" under the
City's 9/80 work schedule) and 5:59 A.M. Monday, and on holidays. Employees
will be compensated from the time they leave their residence until their direct
return home after being released from the assignment. A second callout while
responding to the first does not restart the clock.
8. Stand-by Pay. Section X of the 2001 MOU is replaced with the following:
Non-exempt employees and Maintenance Supervisors may be assigned to standby •
duty as determined by the City Manager or Department Head. Anticipated events
or seasons that would trigger standby duty include storms/storm season or period of
holiday work furlough. Employees assigned to standby duty must report for duty
within one hour of notification and be able to perform the duties as assigned.
Employees assigned to standby duty will be issued a City pager and must respond
with a telephone call
Employees are compensated $ 25.00 for each weeknight and $50.00/day for each
weekend (off-Friday, Saturday, Sunday), or holiday assigned to stand-by status.
9. Health Insurance. The first paragraph of section XIILB is replaced with the
following:
The City contracts with the California Public Employees Retirement System for the
PERS Health Benefits Program. The types of health plans currently available to
City employees include statewide self-insured, fee-for-service health plans, and
numerous health maintenance organizations. Employees may enroll in a PERS
plan of their choice, however, some plans require that an employee live in a
specific geographic area.
10. Holidays. Section XIV.B of the 2001 MOU is modified to provide that (1) if a
holiday or the observed date for a holiday falls on anoff-Friday the holiday shall be
compensated as a full day's salary (prorated for part-time permanent).
11. Retirement (PERS). Section XV of the 2001 MOU is modified to provide that the
City's PERS contract shall allow veteran employees to purchase years of military
service for retirement credit.
12. Uniform and Clothing Allowances. Section XVI of the 2001 MOU is modified to
replace references to (1) permanent employees with references to regular employees
and (2) the Sr. Building Inspector with references to the Building Official.
13. Tuition Reimbursement. Section XVII of the 2001 MOU is modified to provide
that the maximum annual reimbursement shall be calculated on a fiscal year basis.
IV. SCOPE OF AGREEMENT
This Memorandum of Understanding includes and modifies the 2001 MOU in order to
represent the entire and complete understanding reached between the representatives of the
City of Saratoga and the representatives of the Saratoga Employees Association for the
period designated and applies to all positions represented by the Saratoga Employees
Association.
V. RATIFICATION
This Memorandum of Understanding is subject to ratification by a majority vote of the
members of the Saratoga Employees Association. City Council adoption of Resolution No.
85-9. and ratification by the SEA will put the terms of this Memorandum into
effect.
Representative of the
City of Saratoga:
Dave Anderson, City Manager
Representative of the
Saratoga Employees Association:
Richard Torres, President
Attachment A - 2001 Memorandum of Understanding
Attachment B -Adjusted Salary Ranges for All Applicable Positions and Classifications
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SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003 AGENDA ITEM:
sJ~1
ORIGINATING DEPT: Administrative Services CITY MANAGER: C~--JG~-~--
PREPARED BY: Lori Burns DEPT HEAD:
SUBJECT: Intent to Amendment PERS Contract to Include Military Service Credit as
Public Service Option
RECOMMENDED ACTION(S):
Adopt resolution authorizing the City of Saratoga to amend its contract with the Public Employee
Retirement System (PERS) to include Section 21024 -Military Service Credit as Public Service.
REPORT SUMMARY:
During negotiations with Saratoga's Management Organization and Employee Association the
City committed to amend its contract with the Public Employee Retirement System (PERS) to
include Section 21024 -Military Service Credit as Public Service to eligible employees. This
will allow. regular employees who are veterans to purchase service credit for time served in the
military.
FISCAL IMPACTS:
There is no cost to the City for this PERS contract option.. The employee pays the entire cost.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Veteran employees could not purchase service credit for military service.
ALTERNATIVE ACTION(S):
Amend most recently ratified employment contracts to eliminate the military service option.
FOLLOW UP ACTION(S):
Direct staff to forward a copy of adopted resolution to PERS.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT:
A) Resolution of Intent to Approve an amendment between the Board of Administration
California -Public Employees' Retire System and the City Council - City of Saratoga:
' ATTACHMENT A
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF SARATOGA
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System
by the execution of a contract, and sets forth the procedure by which said
public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption
by the governing body of the public agency of a resolution giving notice of
its intention to approve an amendment to said contract, which resolution
shall contain a summary of the charige proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21024 (Military Service Credit as Public
Service) for local miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the
contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a .copy of said amendment being
attached hereto, as an "Exhibit" and by this reference made a part hereof.
By:
Presiding Officer
Title
Date adopted and approved
(Amendment)
CON302 (Rev. 4/96)
1
li,,
Ca1PERS
EXHIBIT
California
Public Employees' Retirement System
Between the
Board of Administration
Cala$'ornia Pu&~lic Employees' Retirement System
and the
City Council
City of Saratoga
The Board of Administration, California Public Employees'. Retirement System,
hereinafter referred to as Board,. and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective June 1,
1961, and witnessed April 27, 1961, and as amended effective April 6, 1973, April 1,
1977, May 1, 1978, September 18, 1999 and February 4, 2000 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective February 4, 2000, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members.
~~
2. Public Agency shall .participate in the Public Employees' Retirement.
System from and after June 1, 1961 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees, excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a. EXCLUDE PERSONS HIRED ON OR AFTER APRIL 6, 1973
WHO -ARE EMPLOYED ON A TEMPORARY AND/OR
SEASONAL BASIS IF IT IS A CONDITION OF EMPLOYEMENT
AT TIME OF HIRE THAT SAID EMPLOYMENT NOT EXCEED SIX
MONTHS; AND
b. SAFETY EMPLOYEES.
5. Prior to January. 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section .20305 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975:
6. .The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service prior to March 31,
1978, termination of Social Security, for members whose service has been
included in Federal Social Security (2% at age 55 Full and Modified).
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20042 (One-Year Fihal Compensation).
• 1
-rnf" ~~ p,n ~~
't
:'~~t~u:- Lit," Ia ~ ui•~1A /E..,.... ,
b. Section 20965 (Credit for Unused Sick Leave).
c. Sections 21624 and 21626 (Post-Retirement Survivor Allowance).
d. Section 21573 (Third Level of 1959 Survivor Benefits).
e. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
8. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
April 1, 1977. Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
9. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members of said Retirement System.
10. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.). In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in .one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
11. Contributions required of Public Agency .and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
12. Contributions required of Public Agency and. its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the
,4
BOARD OF ADMINISTRATION ~,`~~=
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
4ht. ,
~~~"t4~
BY
KENNETH W.
ACTUARIAL &
PUBLIC EMPL
N, CHIEF
YER SERVICES DIVISION
RETIREMENT SYSTEM
day of ,
CITY COUNCIL
CITY OF SARATOGA
BY ~%~,.
R
PRESIDING OFFICER ~~~~~~
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Witness Da4e„a
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Attest: '< '
Clerk
AMENDMENT ER# 0452
PERS-CON-702A (Rev. 8\02)
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709 .
Sacramento, CA 94229-2709
(916)326-3420
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
of the
(governing body)
(public agency)
on
(date)
LJ
Clerk/Secretary
Title
PERS-CON-12 (rev. 1/96)
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003 AGENDA ITEM: /
ORIGINATING DEPT: City Manager's Office CITY MANAGER: CU~G;G--.~---
PREPARED BY: Lorie Tinfow DEPT HE 0 W
SUBJECT: Saratoga Library Project Update
RECOMMENDED ACTION(S):
Authorize change order to Public Works contract with Duran &Venables to complete parking lot
restoration work atSacred Heart Church in the amount of $21,875.
REPORT SUMMARY:
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Budget Status. The table below shows the status of the budget:
Total Project Costs oth committed and Chan ere uests = $14,740,051
Total authorized bud et $14,750,000
Remainin Balance = $9,949
The Total Project Costs reflects the budgeted amounts and not the actual amounts committed or
paid. For example, the amount shown on the budget for the Temporary Library is at least
$25,000 than will be needed. In my next report I will provide an updated real cost accounting.
Construction schedule. Thompson Pacific continues. to finish work and has now entered the
punchlist phase. Staff will provide any additional information available at the meeting. The
Saratoga Library Grand Reopening Celebration remains scheduled for June 21, 2003.
Duran &Venables. The Temporary Library closed May 19 and the site has been under
deconstruction.. To complete the site work needed, staff requests a change order to the existing
contract with Duran &Venables in the amount$21;875. This total reflects the amount proposed
(see attached proposal) plus a 15% contingency.
Citizen's Oversight Committee. The COC met on June 2, reviewed the status of the library
project and determined no need to continue meeting on a monthly basis. They agreed to next
meet in approximately eleven months unless the total project. costs trend toward exceeding $14.8
million. Should that happen, the COC has instructed staff to convene a meeting as soon as
possible. Members Don Johnson and Alan King have offered to serve on the Library Capital
Irnprovement Fund Committee should it be formed as community representatives.
J
FISCAL IMPACTS:
Costs for parking lot restoration will be paid using library bond funds. The temporary library
cost estimate shown on the Budget Summary Report includes $30,000 to cover the restoration
activities.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Restoration activities would not be completed in a timely manner.
ALTERNATIVE ACTION(S):
Not applicable.
FOLLOW UP ACTION(S):
Staff will continue to bring budget updates to Council on a regular basis until directed otherwise.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
• Copy of Duran & Venables proposal dated June 10, 2003.
• .061102003 16:09 DURRN nl VtNRHLto 1NC.. •~ kibblGbl
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VEN BLES, INC.. Q
. .
Proposal -- Contract
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Company: City Of Saratoga Phone: 868-1200 Fax: 868- 2
Street: 13777 Fruitvale Avenue ob Name: Temp. Library
City: Saratoga, Ca. 95070 Job Streets: Fruitvale Avenue, Saratoga, CA
Contact: Morgan Date: June 10, 2003
We hereby submit the specifications and estimate for:
• Cap & abandon utllitles leading to temporary library (sewer, water, fire)
• .Relocate fire line behind curb In orchard.
• Plug off manhole at sewer.
• Patch approx. 300' x 3' of failed areas in parking IoL
• Prep lot for overkote seal approx. 77,208 S.F.
• Re-strip bt per existing layout.
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Base Bld: $19,021.00
1. One move-in per phase of work and one continuous ope2tron Der move•In.
2. Any atlditional phasing of out work will result in additional nns5 due l0 fadualOn in protlucGOn and additionel move•Ins.
3. Any work requested by the Owner I Gienl t0 be penormetl in inGemant vreather orover-optimum moisture conditions will result In additional costs and will l1e
billed as time and materials.
4. Areas too wet to process will be removed andreplacad on a Ume and material balls.
5. Our prices do not InUutle working over, under or within five feat of underground devices of any desulptron Including, but not limited to, alearical lines, water
lines, gas lines, commodity transmission Ilnes, 7.V. and telephone lines, tunnels, vaults, etc.
6, ConVaa Number or Purchase Order Number will be nestled before ANY work can be performed.
Excludes:
Any Permits, Testing, Fees, and Engineering.
We look forward to working with you on ihis project. If you have any questions, please do not hesitate to call.
All material a guaranteed to be as speCtfled. This proposal, may be vJthdrawn by us'rf not accepted within 4~5 days.
All wont to be completed in a workmanlike manner
accoroing to standard conswaion praaices. Any Dwan & VenalNes, inc.
alteration or deviation from the above speUfications
involving extra costs wtll be executed only upon
written direaion. and vrill becane en exUa charge By:
over and above the estimate. All agreements Danny Duran EstimatorlProject Manager
wnUngent upon strikes, accidents, urealher or delays
beyond our control. Duran & Venables, InC is fvtly Ireured.
Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby accepted. You
are authorized to proceed with the work. Payment will be matle as outlined above.
*Authorized Signature
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DuRAN &VENABtE9 RiCORPOWt1FD
267 901HE10 AVENUE • tvY1Pl(AS, Q4 95035
• ^^. nv Dann . r`A lIG 37606 A
of acceptance
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003 AGENDA ITEM:
ORIGINATING DEPT: Community Development
PREPARED BY: John F. Livingstone, AICP
CITY MANAGER!/
DEPT HEAD: __~
SUBJECT: Annexation of the following parcels of land on Redberry Drive:
APN 510-24-002, APN 510-24-027, APN 510-24-003
RECOMMENDED ACTION:
Staff recommends the City Council approve the attached Resolution Initiating the 21-day notice
period for action by the Council at the July 16, 2003. meeting.
REPORT SUMMARY:
At its June 6, 2003 meeting the City Council directed staff to take the Fennell property, located
on the other side of Redberry Drive, off .the proposed annexation plan. This staff report
recommends that the. Council direct. staff to prepare the notice for Initiation of the Annexation
proceedings, and updates the Council on the progress of the proposed annexation.
DISCUSSION:
Initiation Hearin¢
The Government Code requires that a notice be given to various agencies and the residents
within and adjacent to (within 300 feet) the proposed annexation area advising them of the intent
to approve a Resolution of Initiation. Staff is recommending that the Council approve the
attached Resolution that will allow an Initiation Hearing to be held at the July 16, 2003 City
Council meeting.
Roadway Policies
Staff has received a preliminary opinion from the County Surveyor's Office that by removing the
one parcel across the street on Redberry Drive from the annexation, that the proposed project
will meet all of the County Road Annexation Policies.
California Environmental Quality Act
Annexations are projects subject to the environmental review requirements of the California
Environmental Quality Act (CEQA).. After further research and the omission of the additional
parcel, staff has determined that the annexation would be exempt from CEQA review pursuant to
section 15319 of the CEQA Guidelines. That section provides that annexations are categorically
exempt from CEQA review if they include only existing structures developed to the density
allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency
whichever is more restrictive or they include only annexations of individual .parcels that do not
exceed the minimum size for facilities exempted by Section 15303 (that section limits
exemptions to up to three single-family residences in an urbanized area).
Staff has determined that findings can be made to support the Categorical Exemption. of the
proposed annexation of three lots into the City of Saratoga in that the City has more restrictive
land use policies concerning the size of development, grading and. tree protection than the
County. The City also has further restrictions in the City Residential Design Handbook that
require the project to minimize the perception of bulk, integrate structures into the environment,
preserve views, and design for energy efficiency. Each of the parcels proposed for annexation is
of a size that would allow only construction of one single family residence. There is no
subdivision potential. Because the City does not provide utility services the annexation does not
involve or change the standards for extension of utility services to the parcels proposed for
annexation. Overall the annexation of the three parcels to the City of Saratoga will have a
beneficial environmental impact to the area.
FISCAL IMPACTS:
There have been no increases to the estimated costs since the previous Staff Report. One of the
property owners has contracted with a local survey company to provide the required survey at
their own expense and under the supervision of the City Surveyor.
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CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
There will be no annexation.
ALTERNATIVE ACTION:
Deny the proposed resolution and provide staff with direction.
FOLLOW UP ACTION:
At the direction of Council Staff will proceed with the noticing for the Initiation of the
Annexation.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The item has been placed on the City Council Agenda and posted pursuant to Government Code
54954.2.
ATTACHMENTS:
Resolution directing staff to prepare the 21-day notice period for Initiation of the Annexation
3 of 3
RESOLUTION NO.03-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY •
OF SARATOGA ESTABLISHING THE CITY'S INTENT TO
NOTIFY CERTAIN REDBERRY DRIVE RESIDENTS AND
OTHERSOF PROPOSED INITIATION OF ANNEXATION
PROCEEDINGS
WHEREAS, the City Council is considering the annexation of three parcels of land,
APN 510-24-002, 510-24-027, and 510-24-003; and
WHEREAS, the City of Saratoga City Council proposes to consider initiating formal
proceedings for an annexation;
WHEREAS, as provided in Government Code Section 56757, the City Council of the
City of Saratoga shall be the conducting authority for the annexation; and
WHEREAS, the proposed properties to be annexed on Redberry Drive are in the City of
Saratoga's Urban Service Area and Sphere of Influence and are Prezoned Hillside Residential;
and
WHEREAS, the City has consulted with the Santa Clara County. Registrar of Voters and
determined that said territory has four registered voters and is therefore considered uninhabited
for the purposes of annexation proceedings; and
WHEREAS, the proposed annexation is consistent with the West Valley Hillsides
Preservation Strategies, Strategy#2, Action 1 and 2; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that
staff is directed to notify the owners and residents of the properties to be considered for
annexation and such other parties for whom notice may be required by law that on July 16, 2003
at the regular City Council meeting the City Council will hold a public hearing to consider
whether to formally initiate proceedings to annex the properties designated as Assessor's Parcel
Numbers 510-24-002, 510-24-027, and 510-24-003 on Redberry Drive;
The above and foregoing Resolution was passed and adopted at a regular meeting of the City
Council of the City of Saratoga held on the 18a' day of June 2003 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Nick Streit, Mayor
ATTEST:
Cathleen Boyer, City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003 AGENDA ITEM:
.ORIGINATING DEPT: Recreation CITY MANAGER: ~~!---~
PREPARED BY: Joan Pisani DEPT HEAD:
SUBJECT: Future Use of the North Campus
RECOMMENDED ACTION(S):
Accept report and direct staff accordingly.
REPORT SUMMARY:
Background
Listed below is the chronology of events surrounding the potential uses of the North Campus:
• July 17, 2002: City Council purchased the Grace United Methodist Church, 19848
Prospect Road, with the intention of relocating Senior Center programs to this new
location. The property is 4.5 acres and has four buildings. A study was commissioned to
detail the amount of work that would be required to make the buildings on the site
habitable for use by the Senior Center. The study indicated that the total cosf of site
rehabilitation was $1,091,000. Subsequent to review of the study, the City Council
directed staff to agendize a discussion of the potential uses of the site. At the meeting of
July 17`h, the City Council decided not to spend the funds to rehabilitate the buildings on
the site for use by the Senior Center.
• August 7, 2002: After it was decided not to relocate Senior Center programs, Council
directed staff to complete minor improvements to the administrative building to allow for
public use of the facility. Council approved $53,550 for improvements to site fencing,
landscaping and irrigation, and repairs to the Administrative building..
• September 4, 2002: ADA and building code compliance improvements were completed
in the Administrative Building and staff began renting the large room to groups. Also,
the Sheriff's Department moved into one of the offices, for report writing, to maintain a
presence on the site, and to prevent vandalism:
• December 2002 -May 2003: The fences were repaired or replaced around the property,
the roof was repaired at the Fellowship Hall facility, and an architect prepared-plans and
specifications for the ADA improvements needed at Fellowship Hall.
• Expenses appropriated for building and grounds improvements and maintenance to date
total $95,781.
• To date, the Administrative Building has been booked 250 times and rental revenue totals
$11,081.
• At the joint meeting with the City Council and Eommissions on April 26, 2003, the
Council asked the Senior Center Board to go back one more time and take a final look at
the North Campus for future usage. The SASCC Board has held two meeting at the North
Campus to explore this opportunity further. The SASCC Board will be meeting on June
16`h in order to draft a response to the Council's request. Staff will make it available to
City Council members upon receipt.
Discussion
- Senior Center Programs at North Campus
SASSC use of North Campus would involve a substantial investment in renovation of the
existing buildings to bring them up to current building codes .and provide necessary amenities
suitable for use by the senior community. A study was commissioned to detail the amount of
work that would be required to make the buildings on the site habitable for use by-the Senior
Center. The study, completed by Noll and Tam Architects, indicated that the total cost of site
rehabilitation would be $1,091,000. This amount does not include additional funds that would
be necessary to achieve State certification for the Adult Care Center should it be relocated to the
"education" building on the north campus. If SASCC were to move to the North Campus,
approximately 11,000 squaze feet of room in the existing Community Center would be made
available for other uses.
- Keep Property As Is
Currently, the North Campus property looks fairly good. However, the only building available
for rental is the Administration Building and there are an average of 15 uses per month. Rental
rates are very reasonable at $40 per hour, or $20 per hour for non-profit groups. Residents get a
10% discount. The three other buildings at the North Campus are unavailable because of ADA
issues and non-compliance with the City's Building Code. If the City keeps the property as is,
rental revenue will continue to help defray the yearly maintenance costs of approximately
$80,000 by appropriating $10,000 to $12,000 per year.
- Complete Improvements to Fellowship Hall
If the Fellowship Hall building was brought up to code, it could be utilized for large City
programs and private rentals. The capacity of this building is approximately 350. The needed
improvements that have been identified are: ADA accessible restrooms, new flooring and
acoustical ceiling tiles, painting, and ADA accessible doors. The cost for these upgrades would
be approximately $150,000.
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• - Sell North Campus property
The City could sell the North Campus property, as is, with the goal of breaking even on the
transaction. The money received from the sale of the property would add to the City's
unallocated reserve by approximately $4.5 million and be available for further appropriation.
Alternatively, staff could work through the Planning Commission to amend the General Plan and
zoning to return the property to low density residential. Under these circumstances the property
would not be subjecYto Measure G. City staff could design a tasteful subdivision consistent
with the surrounding neighborhood and bring it to the tentative map stage before selling the
property. The North Campus property could be then marketed with an approved tract map to
enhance its value.
FISCAL IMPACTS:
No fiscal impact at this time.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Not applicable.
ALTERNATIVE ACTION(S):
Not applicable.
FOLLOW UP ACTION(S):
Staff will follow up on direction given by City Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Letter from the Mayor to President and Executive Director, SASSC dated
May 13, 2003
Attachment B: Letter from President of SASSC to Mayor dated May 20, 2003
u
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.. _ M1 '.
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' ~ May 13;'2003
David "Duffy" Elgart, President
SASCC
20301 Hill Avenue
Saratoga, CA 95070
Sean O'Leary, Director
SASCC
13777 Fruitvale Avenua
Saratoga, CA 95070
Dear Duffy and Sean:
I understand that the current Senior Center facility presents some constraints to the
eventual growth of SASCC program activities. It will be some time before the
impiementation of the Civic Center Master Plan and the creation of a new Senior Center.
Therefore, the City Council requested the representatives of SASCC at the joint meeting
held on Apr7126`h to once again approach the Board and general membership about their
interest in using the North Campus on a temporary or pernanent basis.
The context for this request is as follows: The Council had scheduled a discussion of the
disposition of the I~TOrth Campus for May 215`. At the joint meeting on the 26"', when
asked if SASCC had any substantial. interest in the use of the North Campus on a
temporary or permanent basis, the SASCC executive director and board president
deferred the decision to the Board and general membership. They conveyed to the
Council that the Bond meeting was scheduled for May 19"' and a general membership.
meeting for May 28`h. The City Council requested that they pose the question on
potential use of the North Campus to both groups prior to any future Council discussion
of the issue. SASCC representatives indicated that they would obtain a response and
provide it back to the Council by early June.
The City Council therefore; rescheduled the discussion of the disposition of the North
Campus for June 4`h to allow for SASCC's input.
Sincerely,
Nick Streit
Mayor
~-lo`~C~/rJPJ~~f ~!
•
SASCC
P.O. Box 3033
SARATOGA, CA 95070
(408) 868-1257.
Mayor Nick Streit
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Nick:
Thank you for your letter of May 13,2003.
May 20, 2003
On May 19, the SASCC board met for its May meeting in the administration building on
the north campus. Ann Waltonsmith was present at that meeting and perhaps she can
supply additional details of our discussion.
The decision of the board is that SASCC would like to share, with the City of Saratoga,
. the exploration of the possibility of an eventual move of the Adult Care and Senior
Centers to the north campus. Please understand that this is in no way a commitment to a
future move. It is an expression of the willingness to spend considerable time and effort
to determine the suitability of the north campus location and the improvements thereon to
our operations. We have scheduled a meeting on the morning of June 2, to begin our
deliberations on this extremely important issue.
The SASCC board feels that it is somewhat premature to bring this matter to the attention
of our membership at this time. We do intend to inform them as the exploration begins
and as progress is made along the way.
We certainly intend to keep the council informed about what we are doing and what
results have materialized. We shall appreciate the council's keeping us informed in like
manner.
Thank you very much for your kind attention and continued cooperation.
Yours sincerely,
~Suffy E gait
President
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~~~~~~~~~~~ ~ ~3
Ca~zng for and serving the needs of Saratoga Area Seniors
Village Lighting Guidelines
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003 AGENDA ITEM:
ORIGINATING DEPT.: City Manager's Office CITY MANAGER: /U-
PREPARED BY: Danielle Surdin, Econ. Dev. Coord. DEPT. HEAD:
SUBJECT: Year-round Decorative Lighting Options in the Village Business District
RECOMMENDED ACTION (S)
1. Accept report and direct staff accordingly.
REPORT SUMMARY:
As a result of overwhelming popularity within the Village business community, the
Village Decorative Lighting Guidelines are being brought back to Council for additional
consideration.. Local business owners have requested the year-round decorative lighting
usage be extended from 3-evenings (Thursday thru Saturday) to 7-evenings a week.
Back rg ound
On October 4, 2001, Council authorized staff to purchase and install energy-efficient
decorative lighting in .the. Village business district. Council directed staff to survey
nearby cities that offer similar decorative lighting in their business districts to help
formulate the hours of usage and guidelines. On November 23, 2001, the City of Saratoga
hosted its first tree lighting ceremony in collaboration with the Village Merchant Open
House and the lights were unveiled to kickoff the holiday shopping season.
In February 2003, the City of Saratoga received several letters from merchants including
the Saratoga Business Development Council requesting an expansion of the downtown
tree lighting program. As a result, the Mayor placed this item on the agenda for further
council discussion and the decorative lighting was approved and expanded for year-round
usage during the peak weekday/weekend evening hours.
Village Lighting Guidelines
~J
Energy Issues Update
In March 2001, Governor Gray Davis issued an Executive hmplementation Plan D-19-01
to discourage the use of exterior lighting in the business/retail districts. As of June 2003,
the D-19-O1 Implementation Plan has not be lifted or updated.
The energy crisis has eased somewhat summer 2001 and any decorative lighting program
would be curtailed and discontinued in case of a stage 2 or 3 energy emergency.. A
survey of nearby cities reveals that many but not all local Bay Area cities are utilizing
this type oflighting to invigorate their downtown shopping districts.
Decorative Lighting Surveys:
• City of Campbell
o Decorative lighting used in downtown commercial district year-
round from sunset until 11 p.m. daily.
• City of Palo Alto
o Decorative lighting used in downtown commercial district year-
round from sunset until midnight daily.
• City of Mountain View
o Decorative lighting used in downtown commercial district year-
round from sunset until midnight daily.
• City of Walnut Creek
o Decorative lighting used in downtown commercial district year-
roundfrom sunset until 11 p.m. daily.
• Town of Los Gatos
o Decorative holiday lighting used in downtown commercial district
beginning in November 2001 and was turned off at the end of
February 2002.
o Only year-round lighting exists in their main plaza
Alternative Decorative Lighting Options:
Alternative 1-" 3-Day Year-Round Decorative Lighting"
• Leave guidelines as currently approved year-round. decorative lighting
during 3 most active evenings each week (Thursday -Saturday)
• :Hours of usage - 3-days a week, 4-6 hours per night
(depending on season) Sunset-11 p.m.
• Light usage curtailed or discontinued in times of an stage 2 or 3 energy
emergency
f/illage Lighting Guidelines
r~
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Alternative 2 - "Extended Year-Round Decorative Lighting Guidelines"
• Extend guidelines to include Wednesday and Sunday evenings
• Hours of usage 5-days, 4-6 hours per night
(depending on season) Sunset-11 p.m.
• Light usage curtailed or discontinued in times of an stage 2 or 3 energy
emergency
Alternative 3 - "7-days Year-Round Decorative Lighting Guidelines"
• Year-round usage of decorative lighting utilized Monday-Sunday
• .Hours of usage - 7 days a week, 4-6 hours per night
(depending on season) Sunset - 11 p.m.
• Light usage curtailed or discontinued in times of an stage 2 or 3 energy
emergency
FISCAL IMPACTS
• For the past two years funding for the maintenance of the decorative lights has been
allocated out of the Economic Development budget, while the annual energy costs for the
Village commercial district are paid through Landscape and Lighting District Fund -
Zone 7. Lighting and Landscaping District Funds in this area are remitted back to the
City from the state as a result of the AB8 backfill to partially offset proposition 13.
These funds are sufficient to support year-round lighting for all 7-days should Council
chose to approve this option. The following is a cost analysis for each decorative lighting
alternative:
Alternative 1 -CURRENT YEAR-ROUND USE:
Summer Months (May -September)
• 3 days (x) 4 hours = 12 hours-week (x) 4.3 wks = 52 hours a month
• 52 hours (x) $3.33 hour = $175.00
• $175 (x) 5 months = $875.00
Estimated Annual Costs for Decorative Lighting Summer Months: $875.00
Winter Months (October -April)
• 3 days (x) 6 hours = 18 hours-week (x) 4.3 wks = 77.40 hours a month
• 77.40 hours (x) $3.33 hour = $258.00.
• $258.00 (x) 7 months = $1,806.00
Estimated Annual Costs for Decorative Lighting Winter Months: $1,806.00
•
pillage Lighting Guidelines
Alternative 2 -EXTENDED YEAR-ROUND USE
Summer Months (May-September)
• 5 days (x) 4 hours = 20 hours (x) 4.3 wks = 86 hours. a month
• 86 hours (x) $3.33 hour = $287.00
• $287.00 (x) 5 months = $1,435.00
Estimated Costs for Extended Decorative Lighting Summer Months: $1,435.00
Winter Months (October -April)
• 5 days (x) 6 hours = 30 hours (x) 4.3 wks =129 hours a month
• 129 hours (x) $3.33 hour = $430.00
• $430.00 (x) 7 months = $3,010.00
Estimated Costs for Extended Decorative Lighting Winter Months: $3,450.00
Total Yearly EnerEy Costs: $4,445.00
Alternative 3 - 7-DAY YEAR-ROUND USE
Summer Months (May-September)
• 7 days (x) 4 hours = 28 hours (x) 4.3 wks =121 hours a month
• 121 hours (x) $3.33 hour = $403.00
• $403.00 (x) 5 months = $2,015.00
Estimated Costs for Year-round Decorative Lighting Summer Months: $2,015.00
Winter Months (October -April)
• 7 days (x) 6 hours = 42 hours (x) 4.3 wks = 181 hours a month
• 181 hours (x) $3.33 hour = $603.00
• $603.00 (x) 7 months = $4,221.00
Estimated Costs for Year-round Decorative Lighting Winter Months: $4,221.00
Other fiscal impacts are the ongoing quarterly maintenance and needed lighting supplies
from our lighting vendor KC Enterprises: Each quarterly visit costs $800 in maintenance
fees, and additional lights on an as-needed basis has been costing the City $300-$600
quarterly. The yearly estimated cost in maintenance and supplies:
• Maintenance Fees $800 x 4 = $3,200.00
• Average Monthly Lighting Supplies $450 x 4 = $1800.00
• Additional Yearly Cost (for maintenance and supplies): $5,000.00
Due to outside environmental conditions, burned out bulbs, and on going maintenance
needs, contracting with an outside vendor is necessary. to handle the decorative lighting
efficiently. Next year the. City will also be pruning the downtown village street trees.
During this tri-yearly trimming all lights will be removed and replaced causing an
increase to the quarterly maintenance and electrical costs as shown in the table below:
•
•
•
Village Lighting Guidelines
•
# Of Trees by
Size # Of Light
Strands Cost per
Strand Cost Per Tree Total
35 Small 6 sets $10.50 $65.00 x 35 (t) $2275.00
58 Medium 12 sets $10.50 $126.00 x 58 (t) $7308.00
5 Large 24 sets $10.50 $252.00 x 5 (t) $1260.00
Subtotal $10,843.00
Sales Tax $867.44
$11710.44
Less 10%
Discount - 1171.04
Final Lighting
Cost $10,539.40
CONSEQUENCES OF NOT ACTING
Current limited year-round hours will still be in effect. City will still incur the tri -yearly.
pruning and light replacement expense out of the Landscape and Lighting District -Zone
7.
ALTERNATIVES
1. N/A
FOLLOW-UP ACTIONS
1. Continue contract with vendor KC Enterprises for continual maintenance and
needed installation.
ADVERTISING, NOTICING, AND PUBLIC CONTACT:
Nothing Additional.
ATTACHMENTS:
1. Letter from the Saratoga Business Development Council Chair
06/12/2003 10:05 4083798586 ALPINE TRAVEL PAGE 02
Saratoga aBusiness Development Council
1377 Fruitvale Ave
Saratoga, CA
February 25, 2003
Mayor Nick Streit
City of Saratoga
13777 Fruitvale Ave
Saratoga, CA 95070
Dear Mayor Streit,
~~ /-,~
MAR f% s.. f
At the Saratoga Business Development Council (SHAG) meeting on
February 25~', we discussed ways for the City to help Saratoga businesses be
more successful. The trap lights along Big Basin Way create a very special
ambience in the Village on the nights they are lit. We request that the lights
be let3. on in the downtown trees eaery night to enhance the appeal of the
Village in the evening. Further, we ask that the Council consider expanding
the lights into trees looated on 3~ and 4tr streets as a way to visually connect
all the businesses.
~'laank you for your attentioln to these innportant business community issues.
We look Forward to your response via staff at our next meeting.
Sincerely,
Clare McBride
SBDC Chair
•
SARATOGA CITY COUNCIL
MEETING DATE: June 18, 2003 AGENDA ITEM:
ORIGINATING DEPT: Community Development CITY MANAGER: ~J~-~G~^~--'
PREPARED BY: Thomas Sullivan, AICL~~9~DEPT HEAD:
SUBJECT: Options for Arinexation of Lands within Urban Service Boundary
RECOMMENDED ACTION:
Review material, establish priorities and give Staff direction
REPORT SUMMARY:
The City's General Plan established Policy regarding annexations: This policy is found in the
Land Use Element of the General Plan on page 2 - 2.
LU.1.0 Adhere to the adopted Saratoga Sphere of Influence Plan
LU 1.1 Lands shall not be annexed to Saratoga unless they are contiguous to the existingCiry limits and
it is deemed by the Ciry that public services can be provided without unrecoverable cost. to the
City and dilution of services to existing residents.
LU.LI Im Annexation proposals shall be carefully studied to determine their economic and
urban service impacts upon the Ciry.
LLI 1.2 The City shall evaluate its designated unincorporated Urban Services Areas to determine if the
areas are compatible with the County's Local Agenry Formation Commission (LAFCo) Policies and are
appropriate for annexation andurbari development.
LU.1.2 Im All four urban service areas to be studied to determine if further retraction of
urban service area boundaries is required. These studies should be coordinated with LAFCo
withpublic hearings before theCommissionand Council.
In the mid 1990's the Cities of Cupertino, Saratoga and Monte Sereno, the Town of Los Gatos,
and the County of Santa Clara, participated in a study titled, "West Valley Hillsides
Preservation Strategies ° The study developed several strategies and associated action items.
The City Council acted on this document on January 17,1996.
Strategy #2 of that study, titled Limit Expansion of Urban Development Into Hillside Areas has
two action items directed at annexations.
Action 1. Delineate and adopt long-term growth boundaries as amendments to city and town general
plans.
Action 2. Adopt general plan policies regarding the intent and maintenance of long term growth
boundaries.
The City of Saratoga complied with these action items. Four areas were identified as being
within its Urban Service Boundary. Those four areas are mapped and attached to this report.
The same four areas are within the existing Urban Services Boundary.
As Saratoga is a minimum services citywhich contracts with various service providers such as
the Sheriff; or is served by special districts such as Saratoga Fire District, West Valley Sanitation
District and San Jose Water. The services that the City of Saratoga does supply are limited to
Streets and Roads, Planning and Building, Parks and Recreation, Law Enforcement (through
contract) and General Government. Saratoga also facilitates a-very active citizen volunteer
program in which citizen volunteers serve on a variety of boards, commissions and committees.
The most critical "service" to address with regard to potential annexations and the General Plan
policies has to do with street condition and future street condition as it related to geology and
anticipated ground movement, which will impact street condition.
The four lazge areas are:
L Rolling Hills Road area above Parker Ranch
The eastern half of the Rolling Hills Road area can be generally categorized as an area of
potential unstable ground. However; the western half can be categorized as relatively stable
ground. Rolling Hills Road pavement can be categorized as being in fair condition, with some
limited base failures. The road has deep gullies at the roadway shoulder. The County maintains
Rolling Hills Road. The road is 28 feet wide
2. Mt. Eden Road area
The Mt. Eden Road area has a wide range of geologic characteristics, There is a large area of
potential surface faulting associated with a potentially active fault. The remaining area has a
mixture of relatively stable ground and areas of potential unstable ground susceptible to creep,
slumping or rockfall. Mt. Eden Road pavement can be categorized as being in good condition
with widths varying from 22 feet to 28 feet. The County maintains Mt. Eden Road. The County
also maintains orchard Meadow Drive. The road pavement is in fair condition due to subsurface
creep and subsidence.
3. On Orbit Drive/Apollo Heights Drive area
The properties along Apollo Heights Drive are shown to generally be areas of relatively stable
ground. However, the lands along On Orbit Drive and Wildcat Ridge Road are shown on the
map as azeas of unstable ground with moving shallow landslides. On Orbit Drive is only 20 feet
wide and can be categorized as being in poor to fair condition. The entire length (4,280 feet) is
in need of an overlay. There is some creep and edge failure.. Apollo Heights Drive is in poor
condition. There are numerous potholes on this 24-foot wide roadway. This road section is
2of4
County maintained. Apollo Heights Court is a private road that varies in width:from 10 feet to
20 feet. The road pavement is in fair to good condition. Wildcat Ridge Road is also a private
roadway. The 15 foot wide pavement section is in fair condition.
4. Glen Una Drive/Redberry Drive/Hidden Hill Road areas
The properties along the Glen Una Drive, Sky Oaks Way and Redhill Road are all shown to have
relatively stable ground. Glen Una Drive is a roadway that varies in width from 18 feet to 35 feet.
Glen Una Drive is maintained by the County and is in fair condition. Red Hill Road is privately
maintained and is in fair to good condition. This road is 18 feet wide. Canyon Drive is
maintained by the County and is in fair to good condition. The roadway width varies from 12
feet to 20 feet. Sky Oaks Way is a private street that is 18 feet wide and in poor condition. Peach
Hill Road is 17 feet wide in this area and is in fair condition. Peach Hill is a County maintained
roadway.
The properties along Redberry Drive are shown to have areas of potential unstable ground
susceptible to soil creep, slumping and rockfall. The upper areas of Redberry Drive are shown to
have potential surface faulting and be susceptible to deep landshding. The condition of
Redberry Drive, a County maintained road; can be categorized as poor to fair, there are no
shoulders and there is some deterioration of roadway edges, with moderate to heavy erosion.
The roadway section is 20 feet wide. Bainter Avenue is also maintained by the County and is in
good to fair condition. The roadway width varies from 19 feet to 30 feet.
i The properties along Hidden Hill Road are shown to have relatively stable ground. Hidden Hill
Road is maintained by the County and can be categorized as being in fair condition. The
roadway width is 24 feet. Hidden Hill Place is also a County maintained street that is 18 feet
wide and in fair condition.. Ravine Road is 24 feet wide and in good condition.
To facilitate the City Councff's aggressive annexation policy and so that Staff can manage the
workflow, Staff would suggest that the City Council prioritize or rank the areas. The ranking
can be addressed as portions or sub areas rather than entire areas before moving on to the next
area.
FISCAL IMPACTS:
The positive impact of an aggressive annexation policy is that overall property taxes increase.
Conversely, the negative impact of an aggressive annexation policy is that the overall cost of
providing city services increases. To follow the General Plan policies, a critical look needs to be
made of each potential annexation. For example, a parcel being taxed at an assessed value of
$2,000,000 pays 1% or $20,000 in property taxes. The City of Saratoga receives approximately
3.4% of the total taxing effort or $700. This ongoing and normally. ever increasing tax levy needs
to be compared with the potential cost of providing city services:
Additionally, the staff time involved in processing multiple annexations can. be considered a
• short-term fiscal impact.
3 of4
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: •
Not following the recommended action could result in being out of compliance with the General
Plan policies resulting in a situation wherein the cost of city services is more that the increase in
property taxes.
ALTERNATIVE ACTION:
Follow the General Plan policies very closely, even if it means being less aggressive in processing
annexations.
FOLLOW UP ACTION:
Create work program with timeline for City Council review and approval.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Not required for this agenda item.
ATTACHMENTS:
1. Vicinity and Ground Movement Potential maps.
2. Vicinity maps for the four areas within the City's Urban Seivices Boundary.
•
C1
4of4
•
KEY MAP
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GROUND MOVEMENT POTENTIAL MAP
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SARATOGA CITY COUNCIL
AGENDA ITEM: ~i
CITY MANAGER: ~~ G~-
MEETING DATE: June 18, 2003
ORIGINATING DEPT: Public Works
PREPARED BY: Cary Bloomquist
DEPT HEAD: l'~-..
~~.
SUBJECT: Approval of Agency Agreements for an Increase in Countywide AB 939
Implementation Fee and Household Hazardous Waste Collection Program
RECOMMENDED ACTION(S):
1. Authorize City Manager to execute. the. Agency Agreement for Countywide AB939
Implementation Fee Increase.
2. Authorize City Manager to execute the Agency Agreement for Countywide Household
Hazardous Waste Collection Program Services Fee Increase.
REPORT SUMMARY:
BackEround:
Council approved the current Agency Agreements and subsequent amendments for the
Countywide AB939 Implementation Fee and the Household Hazardous Waste (HI3W) Collection
Program at their regular meetings on May 9, 2000; June 20, 2001 and June 19, 2002. The current
amendment to the Agency Agreements expire June 30, 2003. The City Council is being asked to
review the Agreements with the rates changes as indicated below and authorize the City Manager
to execute the Agreements for three-year terms beginning July 1, 2003. Subsequent three-year
extensions, upon written. agreement of the County and cities, are part of these agreements, and
have been executed in past agreements.
Backtround for Aaencv Aereement for Countywide AB 939 Implementation Fee:
The purpose of this. Agreement is to state the terms and conditions under which the County will
collect anddistribute the AB 939 Implementation Fee, which is accessed on all wastes generated
for landfill disposal. AB 939, or the California Integrated Waste Management Act of 1989,
requires cities and counties to prepare adopt and implement plans to reduce the level of waste
disposed of in landfills by 25% in 1995, and 50% by the year 2000. The Act also requires
jurisdictions to implement programs to properly manage Household Hazardous Waste (HHW).
Since 1992, the Countywide AB939 Implementation Fee has been imposed on each ton of waste
disposed of at landfills for the purpose of funding jurisdiction specific programs and activities
that contribute to achieving state-mandated waste stream reduction and diversion goals. Fifteen
cities contract with the County of Santa Clara to collect and distribute these funds. The
Recycling and Waste Reduction Commission of Santa Clara County, which serves as the
principal advisory body to the Board of Supervisors on countywide solid waste planning issues,
approved these fee increases at their. regulaz board meeting on June 3, 2003, and recommends
jurisdictions approve these fee increases for the following reasons:
• Inflation since the last Agency Agreement
• Decreases in landfill disposal during the past several years due to recycling and diversion
related activities
• Increases in program costs
• Needs of jurisdictions for AB939 funding and countywide services
Proposed Chances to the Agreement:
1. Reauthorizes the Countywide AB939 Implementation Fee fora three-year term to
begin July 1, 2003 and provides for subsequent three-year extensions upon written
agreement of the County and cities.
2. Increases the existing $2.80 per ton Fee by $.55 cents per ton, for a total fee of $3.35
per ton, to fund services for the FY 2004 through FY 2006 period. The fee consists of
two parts; $1.85 per ton will fund countywide household hazazdous waste (HHW)
services and $1.50 per ton will be paid to jurisdictions to fund other AB939
compliance activities.
The rate change for Saratoga residents is minimal. For example, the proposed changes to the
AB939 agreement. increase the residential collection rate by $.3 cents a month fora 32 gallon
can.
Background for Agency Agreement for Countywide Household Hazardous Waste
Collection Program:
The Household Hazardous Waste program services are directly mandated under AB939. The
City of Sazatoga currently participates in the Countywide Household Hazardous Waste
Collection Program, which provides hazazdous waste collection and disposal services and
program publicity to residents of Santa Clara County. These wastes include products such as
pesticides, paint, used motor oil and oil filters, car batteries, antifreeze, pool chemicals, common
household cleaning products, spot remover, furniture polish, solvents, oven cleaner and other
related products. The County conducts collection operations at three permanent County
Household Hazardous Waste Collection Facilities and does annual mobile collection events as
indicated in Attachment B, section regarding HHW Schedule FY2004: The HHW Program will
schedule an adequate number of collection days to provide service to 3% of household in each
participating jurisdiction.
Proposed Chances to the Agreement:
1. Increase the Countywide AB939 Implementation Fee for the HHW program from
$1.50 per ton to $1.85 per ton of waste disposed beginning July 1, 2003.
2. The total projected revenue generated for the HHW program for the City of Sazatoga
will be approximately $37,065.00 at $1.85 per ton disposed (Attachment B, section on
projected AB939 HHW Fee FY 2004). This will serve approximately 324 Saratoga
residents at the 3% level. The City has budgeted an additional supplement of
$50,000.00 for FY2004 to serve participating residents above the 3% level.
3. Reauthorizes the Countywide Household Hazardous Waste Collection Program for a
three-year term to begin July 1, 2003 and provides for subsequent three-year
extensions upon written agreement of the County and cities.
FISCAL IMPACTS:
The fee increases from the previous agreement as follows: $2.80 to $3.35 per ton disposed,
which represents a $.55 cent per ton increase.
The $3.35 per ton fee is comprised of two components:
HHW Component:
$1.85 per ton will fund the countywide Household Hazardous Waste Collection program, which
represents a $.35 cent per ton increase from the previous agreement.
Other AB939 Component:
$1.50 per ton, which represents a $.20 cent per ton increase from the previous agreement; will be
used to fund other AB939 comp}iance activities.
Residential collection rates fora 32 gallon can will increase by $.3 cents a month as a result of
the changes to the AB939 agreement. Rate increases for other collection services will be
minimal, and have been reviewed and approved by the West Valley Solid Waste Management
Authority at its May 1, 2003 executive board meeting, which the City is a member and attended.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City of Saratoga Agency Agreements for Countywide AB939 and Household Hazardous
Waste Collection Program will not be approved, and the City would have to develop an alternate
source of revenue to fund AB939 implementation and Countywide HHW services.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
1. Execution of the Agency Agreements by the City Manager
2. Forward 1 endorsed copy of each agreement to Margaret J. Rands, of the County of Santa
Clara Integrated Waste Management Division
i
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
ATTACHMENTS:
Attachment A -Agency Agreement for Countywide AB 939 Implementation Fee
Attachment B -Agency Agreement for Countywide Household Hazardous Waste Collection
Program.
•
ATTACHMENT A
AGENCY AGREEMENT FOR COUNTYWIDE
AB 939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino,
Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno,
Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga and Sunnyvale (CITIES) and
the County of Santa Clara (COUNTY) on the day of 2003. The.
term CITIES may refer to CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and
county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and
implementing an integrated waste management plan; and
WHEREAS, the Board of Supervisors established the Countywide AB939 Implementation
Fee effective July 1, 1992 to fund local costs of preparing, adopting; and implementing
integrated waste management plans and programs; and
WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has
determined that a Countywide AB 939 Implementation Fee (Fee) is necessary, pursuant to
. Public Resource Code 41901, to assist in funding the costs of preparing, adopting, and
implementing integrated waste management plans and programs in the fifteen cities and the
unincorporated area of the county; and
WHEREAS, the Fee shall be imposed on each ton of waste disposed of at landfills located
within the county or taken to non-disposal facilities located within the county and
subsequently transported for disposal to landfills located outside of Santa Clara County;
and
WHEREAS, state law requires jurisdictions to plan and implement household hazardous
waste (HHW) services; and
WHEREAS, HHW programs provide household hazardous waste management services to
residents of Santa Clara County which services are necessary to enable jurisdictions to
meet the requirements of state law; and
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and
economical means for residents to properly dispose of HHW in an environmentally safe
manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer,
storm drain system, or on the ground, in a manner which creates a health or environmental
hazard. These wastes include, but are not limited to, common household products such as
household cleaning products, spot remover, furniture polish, solvents, oven cleaner,
pesticides, oil based paints, motor oil, antifreeze and car batteries; and
u
AGENCX AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
WHEREAS, the Recycling and Waste Reduction Commission has determined that a
Household Hazardous Waste Fee be collected as part of the AB939 Implementation Fee to
provide the necessary funding to operate the household hazardous waste programs in Santa
Clara County; and
WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the
unincorporated area and will apportion the Fee according to the terms of this Agreement.
NOW, THEREFORE, CITIES and COUNTY OF SANTA CLARA AGREE AS
FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the
COUNTY will collect and distribute the Fee of $3.35 per ton of waste to be disposed. The
Fee is divided into two parts 1) a Program Fee of $1.50 per ton to assist in funding the costs
of preparing, adopting, and implementing the integrated waste management plan in the
fifteen cities and the unincorporated area of the county; and 2) a HHW Fee of $1.85 per ton
to provide funding to implement the Countywide HHW Program. The Program Fee will be
allocated among jurisdictions as described in Exhibit B. The HHW Fee will be allocated to
the COUNTY, CITIES, and Countywide HHW Program and Participating Jurisdictions as
described in Exhibit C. The Fee shall be imposed on each ton of waste disposed of at .
landfills located within the county or taken to non-disposal facilities located within the
county and subsequently transported for disposal to landfills located outside of Santa Clara
County. Non-disposal facilities are defined as those facilities included in the County of
Santa Clara Non-Disposal Facility Element (and subsequent amendments to that Element).
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills
and non-disposal facilities listed in Exhibit A, and any landfill ornon-disposal facility
subsequently permitted, on a quarterly basis using data from tonnage reports filed by
landfill and non-disposal facility operators with the County Integrated Waste Management
Division. The COUNTY shall require each landfill and non-disposal facility to submit
required payment, documentation of tonnages disposed; and state-mandated Disposal
Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar
quarter. Late submissions and/or payments shall be subject to a late filing penalty and
delinquent penalties. Collected funds and any late filing payments and delinquency
penalties shall be distributed to CITIES and Countywide HHW Program based on the
formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds
that COUNTY has been unable to collect from landfill or non-disposal facility operators.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted by
the COUNTY and shall report to COUNTY, with appropriate documentation, errors in
waste allocations among jurisdictions within 30 days of receipt.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the Fee at the non-disposal facility or landfill, but not
at both locations. Best efforts will be made to prevent tonnage from being assessed a
double fee (once at anon-disposal facility and again at a landfill within Santa Clara
County). The Program Fee funding share paid to CITIES shall be'used to assist in funding
the costs of preparing, adopting, and implementing the integrated waste management plan
in CITIES and the unincorporated area of the COUNTX. The HHW Fee portion shall
assist in funding the costs of each city's share of HHW operations.
5. INSURANCE
Each party shall maintain its own insurance coverage, through third party insurance, self-
insurance, or a combination thereof, against any claim, expense, cost, damage, or liability
. arising out of the performance of its responsibilities pursuant to this Agreement.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the parties agree that pursuant to Govemment Code Section 895.4 each of the
parties hereto shall fully indemnify and hold each of the other parties harmless from any
claim, expense or cost, damage or liability arising out of, or in connection with,
performance of its responsibilities pursuant to this Agreement.
Additionally, CITY shall indemnify, hold harmless, and defend COUNTY, its officers,
agents, and employees with respect to any loss, damage, liability, cost or expenses,
including attorney fees, arising from misuse of the Fee distributed to CITIES. COUNTY
shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees
with respect to any actions brought by third parties based on COUNTY's negligence in the
collection or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant
to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
disposal facility payments and disposal documentation required for calculation of Fee
distribution amounts. Distributions shall begin in December 2003, and continue quarterly
through August 2006.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by
entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM. Regardless of whether CITIES enter
into the Agreement, CITIES's share of fiznds collected for Abandoned Waste Disposal
Costs will be paid directly to the Countywide HHW Program as described in Exhibit C.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or non-disposal
facility operators prior to scheduled distribution of payments to CITIES and the
Countywide HHW Program, payment distribution shall be calculated on a pro rata share of
monies received. Upon collection, late payments and accrued delinquent penalties, if any,
shall be distributed among CITIES and the Countywide HHW Program according to the
formula in Exhibits B and C.
•
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection and distribution of
the Fee for at least five (5) years after the termination date of this Agreement, unless
otherwise required by law to retain such records for a longer period. Such records will be
available for inspection upon written request by CITIES, and will include but not be limited
to tonnage reports submitted by landfills and non-disposal facilities, waste stream
documentation provided by cities, and payments made by the landfills and non-disposal
facilities to the COUNTY and by the COUNTY to CITIES.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee, CITIES
may request in writing a review by COUNTY within 10 days of receipt of their Fee
allocation. The review shall be performed within 30 days of request and results shall be
reported to CITIES in writing.
12. EFFECTIVE DATE OF AGREEMENT
This agreement takes effect only upon approval by all fifreen cities and the COUNTY.
•
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
13. AMENDMENT
This Agreement may be amended only by an instrument signed by all the parties.
14. INDEPENDENT CONTRACTOR
Each party shall perfonn responsibilities and activities described herein as an independent
contractor and not as an officer, agent, servant or employee of any of the parties hereto.
Each party shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors, if any: Nothing herein. shall be considered as
creating a partnership or joint venture between the parties.
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2003, to August 31, 2006, or until all
funds from the last quarter's Fee payments have been distributed, whichever is later.
COUNTY shall bill the operators of the landfills and non-disposal facilities listed in
Exhibit A for the Fee commencing with the Quarter ending September 30, 2003. Said
landfills and non-disposal facilities will be billed for the Fee through June 30, 2006.
16. EXTENSION OF TERM
This Agreement may be extended in three-year extensions upon written agreement of
COUNTY and CITIES.
17. NOTICES
All notices required by this Agreement must be written and will be deemed given when
delivered personally or deposited in the United States mail, postage prepaid, return receipt
requested, addressed to the other party at the address set forth below or at such address as
the party may designate in writing in accordance with this section. See Attachment F for
list of City Contacts.
City of
Contact:
Title:
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
County of Santa Clara
Contact: Manager, Integrated Waste Management Division
1735 N. First Street, Suite 275
San Jose, CA 95112
18. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State
of California.
19. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parities or their assigned designates.
20. COUNTERPARTS
This Agreement maybe executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same.
instrument.
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AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 6
• IlV WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE on the dates as stated
below:
"COUNTY"
COUNTY OF SANTA CLARA,
apolitical subdivision of the
State of California
By:
Donald F. Gage, Chairperson,
Board of Supervisors
Date:
ATTEST:
Phyllis Perez, Clerk,
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
Kathy Kretchmer Date
Deputy County Counsel
"CITY"
CITY OF
a municipal corporation.
by:
Title: Date
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 7
EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Owens-Corning Fiberglas Landfill
Palo Alto Refuse Disposal Area
Zanker Road Landfill
Pacheco Pass Sanitary Landfill
NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN
SANTA CLARA COUNTY
City of Palo Alto Green Composting Facility
Material Recovery Systems Facility
Newby Island Compost Facility
Zanker Materials Processing Facility •
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station)
Z-Best Composting Facility
GreenWaste Recovery Facility
ComCare Farms Composting Facility
Pacheco Pass Landfill Composting Facility
Butterick Enterprises Recyclery
Premier Recycling Facility
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each jurisdiction located in Santa Clara County and signatory to this agreement will
receive $1.50 per ton of solid waste generated within its jurisdiction and disposed of in
landfills or taken to non-disposal facilities located in Santa Clara County for disposal
outside of the County, as documented in quarterly reports submitted by the County to the
State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of
Santa Clara County, will be distributed according to each jurisdiction's percent of
countywide population, according to the latest available population report issued by the
California Department of Finance.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM HHW FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are directly mandated under AB939, which establishes statutory
authority to provide for funding to support planning and implementation of integrated
waste management programs. The HHW Fee of $1.85 per ton collected as part of the
AB939 Implementation Fee will be the primary source of HHW Program funding.
Funds derived from the HHW Fee will be allocated among four types of HHW service
costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each
participating jurisdiction. The number of households will be determined at the
beginning of each Fiscal Year by statistics compiled by the Department of Finance,
Demographic Research Unit in their most recent Report E-1; "Population Estimates for
California Cities and Counties." .
B. Abandoned Waste Disposal Cost will be apportioned based on the number of
households in all cities and towns in Santa Clara County and in the unincorporated area
of the county.
C. Variable Cost Per Car to provide a base level service to 3% of households in all
jurisdictions participating in the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM (Participating
Jurisdictions).
D. Discretionary Funding will be apportioned based on tonnage generated per Participating
Jurisdiction.
2. FIXED PROGRAM COST
Funds will be distributed on a per household basis for fixed program costs. This portion of
the funds shall be distributed directly to the Countywide HHW Program except for.
jurisdictions not participating in the program. Fixed program costs funding will be
calculated at $1.22, $1.27, and $1.32 per household for fiscal years 2004 through 2006
respectively. Fixed program costs may include, but are not limited to 4.5 full-time
equivalent staff members, facility leasing costs, vehicle lease costs, office supplies, county
administrative overhead, training costs, equipment and facility maintenance, union
negotiated salary and benefit increases and state mandated facility closure costs.
•
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 10
• 3. ABANDONED WASTE DISPOSAL COST
Funds shall be distributed on a per household basis for abandoned waste disposal at $0.17
per household. This portion of the funds shall be distributed directly to the Countywide
HHW Program. All jurisdictions throughout the COUNTY contribute to this cost including
jurisdictions not participating in the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The abandoned
waste disposal cost portion will fund disposal of HHW illegally abandoned at nonprofit
charitable reuse organizations. For the purposes of this agreement, the PUBLIC
RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organizations
as follows:
(1) "Nonprofit charitable reuser" means a charitable organization, as defined in Section
501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division
of the charitable organization, that reuses and recycles donated goods or materials and
receives more than 50 percent of its revenues from the handling and sale of those
donated goods or materials.
4. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County HHW Collection
Facilities and Mobile Events. This portion of the funds shall be distributed directly to the
Countywide HHW Program except for jurisdictions not participating in the program. The
Variable Cost Per Car is estimated to be approximately $60 per car for Fiscal Year 2004.
The estimated cost per car will be adjusted. annually to reflect actual service costs. After
fixed costs and abandoned waste costs are allocated on a per household basis, the variable
cost per car will be used to calculate the costs to service 3% of households across all
Participating Jurisdictions. If the level of 3% of households is not reached, the Countywide
HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to
increase public outreach and/or provide additional services in that jurisdiction the following
year.
5. DISCRETIONARY FUNDING
The Discretionary Funding portion will be allocated based on the tons of waste generated
within each jurisdiction and after allocation of fixed cost, abandoned waste disposal cost
and variable per car cost. Discretionary Funds will be paid as directed by each jurisdiction.
Discretionary Funds must be used for HHW purposes. Options for how to spend these
funds include, but are not limited to, increasing the number of residents served in the
jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil
collection, funding HHW public education, or providing special programs such as door-to-
door collection of HHW for the elderly and/or disabled.
•
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 11
6. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all County
jurisdictions. CITIES, at their option, may participate in the Countywide HHW Programby
entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM. CITIES NOT participating in the
Agency Agreement will receive their pro-rata share of funding received by the COUNTY
from the HHW Fee, with the exception of funds for the abandoned waste disposal cost,
described above.
If CITIES NOT participating in the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit
residents to participate in HHW Program services on an emergency basis, then services to
these residents will be provided on a cost recovery basis. A charge equal to the published
rates charged to Conditionally Exempt Small Quantity Generators will be billed to the
CITIES. A CITIES' representative must call the Countywide HHW Program appointment
line to schedule an appointment for the resident. The pro-rata share of liability will be
shared as defined in Section 6 of the AGENCY AGREEMENT FOR COUNTYWIDE AB
939 IMPLEMENTATION FEE.
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AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 12
• RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF SANTA CLARA APPROVING THE COLLECTION OF
A COUNTYWIDE AB 939 IMPLEMENTATION FEE
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or
city and county may impose fees in amounts sufficient to pay the costs of preparing,
adopting, and implementing an integrated waste managementplan; and
WHEREAS, a Countywide AB 939 Implementation Fee (Fee) was established in
1992 to assist the fifteen cities and the county unincorporated area (jurisdictions) to fund
costs of preparing, adopting and implementing the integrated waste management plan
in each jurisdiction; and
WHEREAS, a fee of $2.80 per ton of wastes disposed at landfills located within
the county was approved in 2000; and
WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara
County has determined that the Fee should be increased to $3.35 per ton and imposed
on each ton of waste disposed of at landfills located within the county or taken to non-
disposalfacilities located within the county and subsequently transported for disposal to
landfills outside of Santa Clara County, in order to assure equal assessment of the Fee
on wastes and in order to fund the household hazardous waste services in the fifteen
. cities and the unincorporated area of the county; and
WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara
County has further determined that the County should collect said Fee on behalf of
jurisdictions from each receiving landfill and non-disposal facility in the county, but not
at both locations, and distribute the Fee to said jurisdictions and to the Countywide
Household Hazardous Waste Program according to the terms of the Agency
Agreement for Countywide AB939 Implementation Fee (Agreement), before the Board
of Supervisors on this date; and
WHEREAS, County will verify landfill and non-disposal facility reports of tons of
waste disposed in landfills to assure that required Fees are paid by conducting a review
of State Board of Equalization (BOE) audit reports or equivalent audit reports; and
WHEREAS, pursuant to Public Resources Code Section 41901, each jurisdiction
must approve the collection of the fee, such approval to be indicated by execution of
said Agreement; and
WHEREAS, said Agreement states the terms and conditions under which
County will collect and distribute the Fee for athree-year term to begin July 1, 2003,
and provides for subsequent three-year extensions upon the written agreement of the
County and cities; and
Countywide AB939 Implementation Fee Resolution, Page 1 of 3
WHEREAS, in accordance with the California Environmental Quality Act •
(CEQA), the Fee is a categorical exemption under Section 15308 and is a statutory
exemption under Section 15273 of CEQA;
WHEREAS, the Board of Supervisors held a noticed public hearing. on this date
to consider the Countywide AB939 Implementation Fee agreement.
NOW, THEREFORE, the Board of Supervisors of the County of Santa Clara,
State of California, does hereby find, resolve and determine as follows:
1. The Chairperson of the Board of Supervisors is authorized to execute the Agency
Agreement for a Countywide AB 939 Implementation Fee (Agreement) with each
jurisdiction.
2. County of Santa Clara approves the collection of a fee of $3.35 per ton on behalf of
the jurisdictions to be imposed on each ton of waste disposed of at landfills located
within the county or taken to non-disposal facilities located within the county and
subsequently transported for disposal to landfills outside of Santa Clara County.
3. The County will bill disposal site operators at the end of each calendar quarter;
payment will be due to the County within 45 days of the end of the calendar quarter
for which the payment applies. If Fees are not paid on a timely basis, additional
charges will be added as follows:
(a) A late processing fee of $100 will be added if Fees are not paid within 45 days .
of the end of the calendar quarter for which the payment applies; and
(b) A delinquent penalty of 1% per month will be added if balance is not paid
within 60 days of the end of the calendar quarter for which the payment
applies.
4. Landfill and non-disposal facility operators will provide sufficient data to County to
enable County to verify operators reports of tonnages disposed and monies paid to
County, by:
(a) Submitting copies of BOE audit reports or equivalent audit reports, or
(b) Authorizing County to obtain such reports directly from BOE.
5. Upon collection, the Fee and accrued delinquent penalties, if any, will be distributed
among jurisdictions according to the terms of the Agreement.
6. This Fee will become effective July 1, 2003, provided that all fifteen cities approve the
Agency Agreement for a Countywide AB 939 Implementation Fee by July 1, 2003.
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/ / Countywide AB939Implementation Fee Resolution, Page 2 of 3 •
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7. In accordance with CEQA, the Board of Supervisors finds that the collection of the
Fee is necessary for meeting operating expenses and purchasing materials and
services. The collection of the Fee is a categorical exemption under Section 15308 and
a statutory exemption under 15273 of the State CEQA guidelines.
PASSED AND ADOPTED by the Board of Supervisors of the County of Santa
Clara, State of California on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Phyllis Perez, Clerk of the Board
APPROVED AS TO FORM AND LEGALITY:
Kathy Kretchmer, Deputy County Counsel
Blanca Alvarado, Chairperson
Board of Supervisors
Countywide AB939 Implementation Fee Resolution, Page 3 of 3
Cary Bloomquist
From: Scott Hobson [SHobson@HFH-Consultants.com]
Sent: Friday, April 04, 2003 9:34 AM
To: Brian Loventhal (E-mail); Cary Bloomquist; Lynn Penoyer (E-mail); Regina Falkner (E-mail)
Cc: Phil Couchee (E-mail)
Subject: Increases to County landfill fees
Good morning!
As you all may know by now, the .County is proposing to increase its AB939
Implementation Fee from $2.80 to $3.35 per ton and its SW Planning Fee from
$0.42 to $0.50 per ton. You should have received a letter from Margaret
Rands explaining the details. If you have not, let me know and I can fax a
copy to you. I have revised the rate calculation to reflect these increased
fees. It has a minimal impact on the rates (between $0.01 and $0.04 per
month for a 32-gallon customer). I will include the revised rates in the
Board packets which you should receive next week. In the meantime, let me
know if you have any questions.
Scott Hobson
Hilton Farnkopf & Hobson, LLC
22865 SW Erio Place
Tualatin, OR 97062
Telephone: (503) 612-9955
Fax: (503) 885-1375
Email: shobson@hfh-consultants.com
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ATTACHMENT B
AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement is made by and between the (CITY
or Participating Jurisdiction) and the County of Santa Clara (COUNTY) on the
day of 2003.
RECITALS
WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Collection Program whereby residents of the county and
participating jurisdictions will have an opportunity to safely dispose of household
hazardous wastes, regardless of the specific location at which an event has been
scheduled; and
WHEREAS, the participating jurisdictions desire to provide residents with convenient
opportunities to safely dispose of their household hazardous waste (HHW) in order to
encourage the proper disposal of toxic products, and avoid unauthorized or improper
disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a
manner which creates a health or environmental hazard; and
WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and
economical means for residents to dispose of household hazardous wastes. These
wastes include, but are not limited to, common household products such as household
cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides,
oil based paints, motor oil, antifreeze and car batteries. Residents of the CITY listed
above will be eligible to bring household hazardous wastes to any household
hazardous waste collection event where these wastes will be accepted for proper
disposal as described below; and
WHEREAS, the participating jurisdictions desire to schedule Household Hazardous
Waste Collection Events (Events) for residents for FY'2004 through FY'2006 (July 1,
2003 -June 30, 2006); and
WHEREAS, the participating jurisdictions desire to provide household hazardous
waste collection services to a minimum of 3% of the households per fiscal year in
each participating jurisdiction; and
WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Fee (HHW Fee), as authorized by Public Resources Code 41901, to
be collected at $1.85 on each ton of waste disposed of at landfills located within the
county or taken to non-disposal facilities located within the county and subsequently
transported for disposal to landfills located outside of Santa Clara County.
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AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM ]
NOW, THEREFORE, CITY and COUNTY OF SANTA CLARA AGREE AS
FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which CITY
will participate in the Countywide Household Hazardous Waste Collection Program
(CoHHW Program) available to its residents. Participating jurisdictions are those
jurisdictions that enter into an AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
2. PROGRAM FUNDING SOURCE
HHW Program services are directly mandated under AB939, which establishes
statutory authority to provide for funding to support planning and implementation of
integrated waste management programs. The HHW Fee, of $1.85 per ton, collected
as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB 939
IMPLEMENTATION FEE will be the primary source of funding for CoHHW
Program services.
Funds derived from the HHW Fee will be allocated among four types of CoHHW
Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in
each participating jurisdiction. The number of households will be determined at
the beginning of each Fiscal Year by statistics compiled by the Department of
Finance, Demographic Research Unit in its most recent Report E-1, "Population
Estimates for California Cities and Counties."
B. Abandoned Waste Disposal Cost will be apportioned based on the number of
households in all cities and towns in Santa Clara County and in the
unincorporated area of the County.
C. Variable Cost Per Car to provide a base level service to 3% of households in all
participating jurisdictions.
D. Available Discretionary Funding funded on tonnage generated per participating
jurisdiction:
The projected HHW Fee funding allocation by jurisdiction is set out in Attachment A.
3. FIXED PROGRAM COST
Fixed Program Costs shall be $1.22, $1.27 and $1.32 per household per jurisdiction
for fiscal years 2004, 2005 and 2006 respectively. Fixed Costs are projected for
Fiscal Year 2004 through 2006 in Attachment B. Fixed Program Costs may include,
but are not limited to five (5) CoHHW Program staff members, facility leasing costs,
vehicle lease costs, office rent, office supplies, county administrative overhead,
county legal counsel, program publicity, training costs, equipment and facility
maintenance and union negotiated salary and benefit increases.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
i
4. ABANDONED WASTE DISPOSAL COST
Abandoned Waste Disposal Costs will be $0.12 per household for all households in
the cities and towns of Santa Clara County and in the unincorporated azea of the
County. The Abandoned Waste Disposal Cost will fund disposal of HHW illegally
abandoned at Nonprofit Charitable Reuser organizations defined in PUBLIC
RESOURCES CODE SECTION 41904.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportatiori and other services provided to the residents at the County Household
Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The
Variable Cost Per Car is estimated to be approximately $60 per car, for Fiscal Year
2003. The estimated cost per car will be adjusted annually to reflect actual service
costs. After Fixed Program Costs and Abandoned Waste Disposal Costs aze allocated
on a per household basis, the Variable Cost Per Car will be used to calculate the costs
to service 3% of households across all participating jurisdictions. If the level of 3%
of households is not reached in a particular jurisdiction, the CoHHW Program will
use the remaining balance of funds, in cooperation with the CITY that has less than
3% participation levels, to increase public outreach and/or provide additional services
in that jurisdiction the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of
waste generated within each jurisdiction, and after allocation of Fixed Program Costs,
Abandoned Waste Disposal Costs, and Variable Per Car Costs. Available
Discretionary Funds will be paid as directed by each jurisdiction. Available
Discretionary Funds must be used for HHW purposes. Options for how to spend
these funds include, but aze not limited to, increasing the number of residents served
in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil
collection, emergency HHW services, funding HHW public education, or providing
special programs such as door-to-door collection of HHW for the elderly and/or
persons with disabilities.
7. ADMINISTRATION AND PAYMENT OF HHW FEE
The Santa Clara County Integrated Waste Management Program (PvVMP) will
administer the HHW Fee, as part of the existing landfill billing system.
Administration and payment will be made in accordance with the AGENCY
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE.
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AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM j
8. PROGRAM PUBLICITY
The CoHHW Program shall have responsibility for developing and coordinating
countywide awareness of HHW and Oil Recycling Programs. CoHHW Program
public awareness responsibilities shall include, but not limited, to the following
activities:
• Serving as the formal contact to the major media.
• Providing participating jurisdictions with educational materials developed
for the CoHHW Program.
• Promoting oil and oil filter recycling by developing, purchasing, and
distributing educational materials, media relations materials, basic art
work and camera ready advertising materials for distribution countywide
and for use by jurisdictions.
• Representing the program through educational presentations for schools
and businesses and attendance at community events such as local fairs and
festivals.
• Providing participating jurisdictions opportunities to review and comment
on the development of countywide outreach materials.
• Public education material distribution
CITY public awareness responsibilities, at the sole discretion of the CITY, shall
include, but not limited to the following activities: .
• Providing a copy of HHW promotional materials to the CoHHW Program
for review for accuracy and completeness, prior to publication.
• Adapting and distributing the media relations materials developed by the
CoHHW Program to local newsletters, newspapers and to the electronic
media.
• Providing the CoHHW Program with a copy of locally produced
materials.
• Conducting supporting outreach and publicity to attain the 3% goal of
household participation.
9. DELEGATION OF AUTHORITY
The Board of Supervisors delegates all CoHHW Program management to the
Department of Environmental Health. The Director of the Department of
Environmental Health has the authority to execute all vendor contracts necessary to
operate the program, to execute any necessary license agreements, to add additional
services provided on a cost recovery basis and to terminate any contracts as
warranted. All contracts/agreements/amendments shall first be approved by County
Counsel.
10. TEMPORARY HHW EVENTS:
COUNTY shall conduct HHW Events at various sites located in Santa Clara County.
COUNTY shall obtain all necessary permits and licenses required for the Events and .
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
• shall provide or contract for the services of properly trained, qualified personnel and
hazardous waste haulers, and shall provide or secure suitable equipment and supplies
to properly receive, package, label, haul, recycle and dispose of the household
hazardous wastes collected at Events.
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at three County Household Hazardous
Waste Collection Facilities (CoHHWCF). The CoHHWCF will operate a reuse
program, offering usable materials to the public at no charge. The COUNTY shall
obtain all necessary permits and licenses required for the CoHHWCF and shall
provide or contract for services, equipment, and supplies to properly receive,
package, label, haul, recycle and dispose of wastes collected. The CoHHW Program
will schedule. an adequate number of collection days to provide service to 3% of
households in each participating jurisdiction.
The CoHHWCFs are located at:
• Sunnyvale Recycling Center, 164 Carl Road., Sunnyvale
• Tenth Street Center, 160010th Street, San Jose
• San Martin, 13055 Murphy Avenue
12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM
• COUNTY will provide services to accept hazardous waste from Conditionally
Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal
regulation as a business that generates less than 100 Kilograms (220 lbs.)bf
hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month.
Eligible businesses within the County will be allowed to bring their hazardous waste
to CESQG collection events, which will be scheduled at the CoHHWCF. This
program. will not be subsidized by participating jurisdictions. Services to businesses
will be provided on a cost recovery basis, which will include program administration,
on-site collection, transportation, and disposal costs. COUNTY will assume
responsibility for collecting fees from participating businesses. See Attachment D,
titled Santa Clara County CESQG Drop-off Price List. The Santa Clara County
CESQG Drop-off Price List is subject to change at the discretion of County to reflect
increases or decreases in CoHHW Program costs.
13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government
agencies and nonprofit charitable reusers. Abandoned HHW means a HHW left at a
property by an unknown party. Abandoned household hazardous waste does not
include waste generated by a known organization or agency in the course of normal
business operations such as, but not limited to, the assembly or manufacture of
products from new or used materials or the provision of charitable services such as
• classroom education, meal preparation, and shelter, or the provision of services for a
AGENCY AGREEMENT FOR COUNTY WIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
fee. Government agencies will be charged for disposal of abandoned HHW •
according to the CoHHW Program's published rates for conditionally exempt small
quantity generators (CESQGs).
14. NONPROFIT CHARITABLE REUSER
A Nonprofit. Charitable Reuser organization, is a nonprofit as defined in Section 501
(c) (3) of the United States Internal Revenue Code, or a distinct operating unit or
division of the charitable organization: A Nonprofit Charitable Reuser is further
defined as an organization that reuses and recycles donated material and receives
more then 50% of its revenues from the handling and sale of those donated goods or
materials. In order to qualify as a Nonprofit Charitable Reuser, the business must
submit to the Director of Environmental Health a request to be so designated. The
Director shall review the request and supporting documentation and shall make a fmal
decision on the designation. COUNTY will accept abandoned HHW from Nonprofit
Charitable Reusers and will waive disposal fees on the cost of disposal of the
abandoned HHW in an annual amount not to exceed funds. available from the
Abandoned Waste Disposal Cost funding generated by the AGENCY AGREEMENT
FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE (Fee). Funding for
disposal available to Nonprofit Charitable Reuser shall be on a first come first serve
basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable
Reusers is equal to the available funds collected through the Fee in any one fiscal
year, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall .
be charged for disposal of abandoned HHW according to the CoHHW Program's
published rates for CESQGs. No costs shall be applied to the budget of a
participating jurisdiction.
15. WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to materials as defined in
Health and Safety Code Section 25218.1(e) or as later amended, and include, but are not
limited to, automotive fluids, automotive and other types of batteries, latex and oil paint,
oil filters, gazden chemicals, household cleaners, pool chemicals and other common
hazardous consumer products.
16. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These
include, but are not limited to, compressed gas cylinders larger than 5 gallons,
radioactive materials, and explosives. Other wastes not accepted by the CoHHW
Program are wastes generated as part of operating a business, including a home
operated business, except that waste from CESQGs as provided for in Section 12
above shall be accepted.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
17. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY may elect to augment. funding provided for in this Agreement with CITY funds.
Additional services shall be made available upon written agreement between the
CITY's authorized representative and the Director of the Department of
Environmental Health. Additional services may include, but are not limited to,
additional appointments (charged at the variable cost per car rate), Door-to-Door
HHW Collection, Used Oil Filter Collection and Abandoned Waste Collection.
CITY agrees to augment up to an additional $50 .000 to the Countywide HHW
Program during Fiscal Year 2004 for the purpose of increased resident participation
above the 3% service level at the scheduled collection dates listed in Attachment C.
Augmentation will be calculated at the Variable CoslPei Car rate which is estimated
at $60.00 per car. Fiscal Year 2005 and FY 2006 funding augmentations shall be
agreed upon in writing by the Director of the Department of Environmental Health
and the designated CITY representative. Other services will be charged on a cost
recovery basis.
If CITY elects to augment funding, COUNTY will bill CITY, at the end of each fiscal
quarter for additional resident participation above the 3% service level. Payment is
due within 30 days of the invoice date. At the end of each fiscal year, a final annual
cost statement shall be prepared by COUNTY and issued to CITY by November 15.
The annual cost statement will take into consideration costs incurred on behalf of
CITY for additional services and all payments made by CITY to COUNTY. If any
balance is owed to COUNTY, it will be due within 30 days following receipt of the
annual cost statement. If any credit is owed to CITY, COUNTY will refund that
amount to CITY within 30 days following delivery of the annual cost statement.
18. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday
through Friday, from the hours of 8:30. a.m. to 4:30 p.m. The information service will
register residents for the Temporary HHW Events and CoHHWCF and provide
information about hazardous household materials. CITY will be notified when
indicated resident participation approaches the 3% base level of service.
19. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of the Events and
collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and
securing sites for Temporary HHW Events. It is recognized that some of the
jurisdictions participating in the CoHHW Program may not have appropriate sites
available. A proposed schedule of Temporary HHW Events and collections at
CoHHWCF is included as Attachment C. COUNTY will schedule an adequate
number of collection days to serve the 3% level of service in each participating
jurisdiction
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
20. OUTSIDE FUNDING
During the term of this agreement, COUNTY will seek outside funding sources to
begin services that would supplement existing services such as permanent collection
sites, equipment, and operational funding. If funding is obtained, the Program will, at
COUNTY'S discretion, proceed with development of additional programs without
affecting CITY's available funding allocation.
21. REGIONAL GRANT PARTICIPATION
The CoHHW Program is hereby given permission by all participating jurisdictions to
apply for future grants from the California Integrated Waste Management Board
which are available under the California Oil Recycling Enhancement Act of 1991 and
all Household Hazardous Waste grants under the Califomia Integrated Waste
Management Act. The Countywide HHW Program will act in behalf of all
participating jurisdictions, as the lead applicant and grant administrator, and will use
the grant funds for the development of a Countywide HHW Program. The CoHHW
Program will oversee how the moneys are used and work in cooperation with CITY
as to how the funds will be spent. Nothing in this section shall preclude a
participating jurisdiction from applying for grant funds in any case where the
CoHHW Program does not apply.
22. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with
convenient emergency opportunities to safely dispose of their HHW in the event of a
disaster. The purpose of this emergency planning for HHW is to minimize potential
public health and safety impacts, as well as to minimize costs and confusion.
Attachment E will provide clarification to local jurisdictions about delegation of
CITY and COUNTY responsibilities for the collection of household hazardous wastes
in response to an emergency.. CITY shall make good faith efforts to provide the
public with information related to the problems associated with HHW. Upon the
decision to hold an emergency collection event, it is CITY'S responsibility to make a
good faith effort to prepare and disseminate the necessary outreach to notify the
public of a special emergency event. An emergency collection event shall be initiated
by a written request from CITY to COUNTY. Collection events can be scheduled in
as little as ten (10) working days of CITY'S written request or at an agreed upon date
thereafter. The plan is set out in Attachment E, Household Hazardous Waste
Emergency Collection Plan:
COUNTY agrees to conduct the event at a mutually agreeable site and time. The
COUNTY will obtain the necessary permit from the State Department of Toxic
Substances Control, and handle wastes in accordance with State law. COUNTY will
bill CITY for all special emergency events on a cost recovery basis and all payments
shall be due thirty days following the receipt of the invoice.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
23. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW
Collection Events for corporate employees and residents of participating jurisdictions.
The transportation, treatment and disposal liability for nonresident employee
participation in these events shall be shared by all participating jurisdictions and the
COUNTY, as described in Section 27 of this agreement. Summary information
concerning these corporate sponsored events will be included in the CoHHW
Program's annual report to the participating jurisdictions.
24. INSURANCE CERTIFICATES
Contractors who provide hazardous waste transportation, treatment, or disposal
services shall have insurance with the following minimum limits: General
Comprehensive - $1 million per occurrence, $2 million aggregate; Auto -$I million;
workers compensation -- statutory limits established by law; and environmental
impairment liability -$1 million per occurrence, $2 million aggregate. Other
contractors shall have insurance in amounts to be determined by COUNTY Insurance
Manager, after consultation with CITY. COUNTY shall obtain insurance certificates
from each of the contractors prior to the contractor providing service to the program.
All insurance certificates shall name CITY, its officers and employees as additional
insured.
25. WASTE TRACHING AND REPORTING
Within 30 days following the end of each quarter, COUNTY will provide a report to
CITY regarding participation rates from each participating jurisdiction. Midyear and
year end reports will outline the types and quantities of waste collected, the amount of
waste diverted for reuse or recycling and the waste management method for each
waste stream and associated costs for transportation and disposal. COUNTY will
prepare a report summarizing program activities which were delivered to the
participating jurisdictions no later than six months after the end of COUNTY'S fiscal
year.
It will be assumed for cost and reporting purposes that each participating jurisdiction
is contributing to the waste stream in proportion to the number of its residents who
directly participate. For purposes of any potential disposal liability, each
participating jurisdiction shall be deemed a discharger of only its pro rata proportion
of household participation in the Program. For example, if the program served 1,000
vehicles from the City of Milpitas and 10,000 vehicles total from all participating
jurisdictions, the pro rata portion of household participation from Milpitas would be
ten percent. See also Section 27.
COUNTY shall take steps to assure that the quarterly statements to jurisdictions
reflect the funds necessary to cover costs for CITY participation in services scheduled
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
during the next quarter. COiINTY will make every effort to keep the Variable Cost
Per Car at approximately $60.
26. PARTICIPATION REPORTING
COiJNTY shall employ means necessary to verify the place of residence of all
participants in the CoHHW Program.
27. HOLD HARMi.E55 AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata
but instead COUNTY and CITY agree that pursuant to Government Code Section
895.4, each of the parties hereto shall fully indemnify and hold each of the other parties,
their officers, board members, employees and agents, harmless from any claim, expense
or cost, damage or liability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of the negligent acts or omissions or willful misconduct of
the indemnifying party, its officers, employees or agents, under or in connection with or
arising out of any work, authority or jurisdiction delegated to such party under this
Agreement. No party, nor any officer, board member, employee or agent thereof shall
be responsible for any damage or liability occumng by reason of the negligent acts or
omissions or willful misconduct of the other parties hereto; their officers, board
members, employees or agents, under or in connection with or arising out of any work
authority or jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any
liability incurred and attributed to the Countywide HHW Program for the
transportation, treatment, or disposal of the household hazardous waste, once the
waste has been accepted by a licensed hazardous waste hauler. Apportionment for
disposal liability shall be determined by each participating jurisdiction's pro rata
proportion of household participation in the Program. Apportionment for
transportation and treatment liability shall be determined by each participating
jurisdiction's pro rata household participation at the event where the waste was
generated. COUNTY will use reasonable efforts to obtain recovery from all available
resources, including insurance, of any liable hauler or liable disposal facility operator.
No liability shall be apportioned to CITY for transportation, treatment or disposal in
any case where COUNTY has contracted for such services and has failed to require
the contractor to maintain the insurance requirements set forth in Section 24 above.
CITY shall further indemnify COUNTY for CITY's apportioned share of liability
incurred and attributed to the Countywide HHW Program for the transportation,
treatment or disposal of household hazardous waste at corporate sponsored events
where non-county resident employees of the corporate sponsor are authorized to
participate in the event. Liability for the nonresident portion of the disposal of waste
shall be shared by the cities and the county as described above. The nonresident
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10
portion shall be determined by calculating the percentage of nonresidents
participating in the event. This percentage will then be subtracted from the total
liability for the household hazardous waste prior to assessing CITY's apportioned
share of any liability for the household hazardous waste.
COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify
COUNTY for then apportioned share of any liability incurred and attributed to the
Countywide HHW Program for the transportation, treatment, or disposal of their
hazardous waste, once the waste has been accepted by a licensed hazardous waste
hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be
determined by calculating the percentage, by weight, of the total household hazardous.
waste accepted by the CoHHW Program. This percentage will be used to calculate
the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and
will be subtracted from the total liability prior to assessing CITY's apportioned share
of any liability for household hazardous waste.
28. TERMINATION
This Agreement may be terminated by any party upon one-year (365 days) written
notice given by the anniversary date of each contract year.
29. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2003, to June 30, 2006, or until all
revenue from the last quarter's Fee payments has been distributed, whichever is later.
30. EXTENSION OF TERM
This Agreement may be extended for succeeding three-year terms if COUNTY and
participating jurisdictions so agree in writing.
31. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent; servant or employee of any of the
parties hereto. Each party shall be solely responsible for the acts and omissions of its
officers, agents, employee, contractors and subcontractors, if any. Nothing herein
shall be considered as creating a partnership or joint venture between the parties.
32. EXECUTION BY COUNTERPART
This Agreement maybe executed in any number of counterparts, each of which shall
for all purposes be deemed an original and all of which shall together constitute one
and the same instrument.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 1 I
33. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
34. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect
to the subject matter hereof. No modification of this Agreement shall be
effective unless and until modification is evidenced by writing signed by all
parities or their assigned designates.
35. NOTICES
All notices and communications herein required shall be in writing to the other party
as follows, unless expressly changed in writing:
CITY of City Representative
Representative's Title
City Address
r1
l.J
Santa Clara County Ben Gale, Director
Department of Environmental Health
PO Box 28070
San Jose, CA 95129
C J
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM ]Q
IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM on the dates as stated below:
"COUNTY"
COUNTY OF SANTA CLARA,
apolitical subdivision of the
State of California
By:
Blanca Alvarado, Chairperson,
Board of Supervisors
Date:
ATTEST:
• Phyllis Perez, Clerk,
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
Kathy Kretchmer Date
Deputy County Counsel
"CITY"
CITY OF
a municipal corporation.
by:
Title:
•
Date
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13
Attachments:
A Projected AB 939 HHW Fee Fiscal Year 2004
B Estimated I-IIIW Program Fixed Costs by Fiscal Year
C HHW Schedule For Fiscal Year 2004
D Santa Clara County CESQG Drop-off Price List
E Household Hazardous Waste Emergency Collection Plan
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM ]4
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Attachment C
•
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HHW SCHEDULE FOR FISCAL YEAR 2004
20031Month Day Date Location ype o Event County Holidays/ Notes
July Friday 4 NO EVENT NO EVENT FOURTH OF JULY
Saturday 5 NO EVENT NO EVENT FOURTH OF JULY
Frida 11 SAN JOSE PERMANENT
Saturda 12 SAN JOSE PERMANENT
Saturda 19 SUNNYVALE PERMANENT
Frida 25 SAN JOSE PERMANENT
Saturday 26 SAN JOSE PERMANENT
Au ust Friday 1 SAN MARTIN PERMANENT
Saturda 2 SAN MARTIN PERMANENT
Frida 8 SAN JOSE PERMANENT
Saturda 9 SAN JOSE PERMANENT
Saturda 16 SUNNYVALE PERMANENT
Saturday 23 CUPERTINO TEMPORARY
Saturday 30 NO EVENT NO EVENT LABOR DAY•SEPT 1
September Friday 5 SAN MARTIN PERMANENT
Saturday 6 SAN MARTIN PERMANENT -
Frida 12 SAN JOSE PERMANENT
Saturda 13 SAN JOSE PERMANENT .
Saturda 20 SUNNYVALE PERMANENT
Saturday 27 SANTA CLARA TEMPORARY
October Friday 3 SAN MARTIN PERMANENT
Saturda 4 SAN MARTIN PERMANENT
Frida 10 SAN JOSE PERMANENT
Saturda 11 SAN JOSE PERMANENT
Saturda 18 SUNNYVALE PERMANENT
Saturday 25 WEST VALLEY TEMPORARY
November Friday 31 SAN MARTIN PERMANENT
Saturda 1 SAN MARTIN PERMANENT
Frida 7 SAN JOSE PERMANENT
Saturda 8 SAN JOSE PERMANENT
Saturda 15 SUNNYVALE PERMANENT
Frida 21 SAN JOSE PERMANENT
Saturda 22 SAN JOSE PERMANENT
Saturday 29 NO EVENT - NO EVENT 27 8 28 THANKSGIVING
December Friday. 5 SAN MARTIN PERMANENT
Saturda 6 SAN MARTIN PERMANENT
Frida 12 SAN JOSE PERMANENT
Saturda 13 SAN JOSE PERMANENT
Saturda 20 SUNNWALE PERMANENT
Saturday 27 NO EVENT NO EVENT DEC 25 CHRISTMAS
2004/Jan Friday 2 NO EVENT NO EVENT JAN 1 NEW YEARS
Saturday 3 NO EVENT NO EVENT
Frida 9 SAN JO5E PERMANENT
Saturda 10 SAN JOSE PERMANENT
Saturda 17 SUNNYVALE PERMANENT
Frida 23 SAN JOSE PERMANENT
Saturda 24 SAN JOSE PERMANENT
Friday 30 NO EVENT NO EVENT
Saturday 31 NO EVENT NO EVENT
Attachment C
HHW SCHEDULE FOR FISCAL YEAR 200312004•continued
20041Month Day Date Location Type ofEvent County Holidaysl Notes
Februa . Friday 6 SAN MARTIN PERMANENT
Saturda 7 SAN MARTIN PERMANENT
Frida 13 SAN JOSE PERMANENT
Saturda 14 SAN JOSE PERMANENT
Saturda 21 SUNNWALE PERMANENT
Frida 27 SAN JOSE PERMANENT
Saturda 28 SAN JOSE PERMANENT
March Friday 5 SAN MARTIN PERMANENT
Saturday 6 SAN MARTIN PERMANENT
Friday 12 SAN JOSE PERMANENT
Saturda 13 SAN JOSE PERMANENT
Saturday 20 SUNNYVALE PERMANENT MOUNTAIN VIEW
Saturday 27 MILPITAS TEMPORARY
April Fdday 2 SAN MARTIN PERMANENT
Saturday 3 SAN MARTIN PERMANENT
Friday 9 SAN JOSE PERMANENT
Saturda 10 SAN JOSE PERMANENT
Saturda 17 SUNNYVALE PERMANENT
Saturday 24 SANTA CLARA TEMPORARY
May Friday 30 SAN MARTIN PERMANENT
Saturday 1 SAN MARTIN PERMANENT
Frida 7 SAN JOSE PERMANENT
Saturda 8 SAN JOSE PERMANENT
Saturda 15 SUNNYVALE PERMANENT
Saturda 22 LOS ALTOS TEMPORARY
Saturday 29 NO EVENT NO EVENT MAY 24 MEMORIAL DAY
June Friday 4 SAN MARTIN PERMANENT
Saturday 5 SAN MARTIN PERMANENT
Frida 11 SAN JOSE PERMANENT
Saturda 12 SAN JOSE PERMANENT
Saturda 19 SUNNYVALE PERMANENT
Frida 25 SAN JOSE PERMANENT
Saturda 26 SAN JOSE . PERMANENT
SUBJECT TO CHANGE
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Attachment E.
HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1: PURPOSE
The purpose of the Household Hazardous Waste Emergency plan is to minimize potential public
health and safety impacts, as well as to minimize costs and confusion during an emergency or
disaster. This Attachment will provide clarification to local jurisdictions about services the
County can provide and the responsibilities of each party for the collection of household
hazardous wastes (HHW) in response to an emergency.
Jurisdictions should contact local emergency agencies, the Governor's Office of
Emergency Services (OES), and the Department of Toxic Substances Control (DTSC)
for more specific information on hazardous materials emergency response.
2. Timing of HHW
While it is important to have special collection opportunities for disaster-related HHW
as soon as possible to avoid illegal disposal or harm to people and/or the environment,
having an event or service too soon after a disaster may result in low participation.
Sufficient public notification, assessment and monitoring of the disaster and cleanup
process by the City HHW Coordinators is essential.
3. Public Information/Notification:
Cities should be prepared to provide the public with information related to the problems
associated with HHW along with information about special collection events and
services. Upon the decision to hold an emergency collection event, it is the City's
responsibility to prepare and deliver the necessary public outreach to notify the public
of an upcoming event. A City's public outreach program should evaluate all forms of
media including: newspaper ads, posters, flyers, press releases, banners, door -to-door
notices, roadside signs, signs on dumpsters, radio public service announcements, and
television public access stations. Be aware of communities where multiple language
ads will be necessary.
4. State HHW Collection Permits
The State Department of Toxic Substances Control (DTSC) is responsible for issuing
the necessary state permits for HHW collection facilities. During an emergency, the County will
obtain the necessary emergency permit, for special collection of household hazardous waste,
from DTSC through their expedited approval process.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 1
~~
5. Collection Events
Temporary collection events can be set-up at various sites including parking lots, city
maintenance yards, neighborhoods needing service, and at landfills or a centralized location to
service larger segments of the population. Waste collected can be transported with the HHW
Program's hazardous waste transportation vehicle. In additional, events can be scheduled at the
two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).. The
following options are available to each participating City.
Neiehborhood Drop-off Events: The County is able to provide localized service to specific
areas in need of household hazardous waste collection services. The County will work with
City Solid Waste Coordinators to conduct. coordinated efforts to residents in the affected
area. After a specific event, waste will be transported by County staff or a hazardous waste
contractor to an appropriate facility.
• Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event
(Events) at various sites located in Santa Clara County throughout the year. Events will be
expanded to give priority to disaster victims when requested by the City. The County shall
obtain all necessary permits and licenses required for the events and shall provide and/or
contract for the services of properly trained personnel and hazardous waste haulers. The
County shall also provide or secure suitable equipment and supplies to properly receive,
package, label, haul, recycle and dispose of the household hazardous wastes collected at
events.
• CoHHWCF: The County operates two permitted HHW collection facilities for the collection
and storage of HHW. The County shall provide or contract for services, equipment, and
supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at
the BOP Centers.
The CoHHWCF are located at:
• Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale
• Tenth Street Center, 160010th Street, San Jose
• San Martin, 13055 Murphy Ave, San Martin
6. Costs, Documentation and Reimbursements
Cities will be billed on a cost recovery basis commensurate with the charges specified in the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM. Costs of emergency events will be tracked and billed separately.
Emergency funding applications pending from the State or Federal government for
reimbursements in no way relieves the City of responsibility to make timely payment to the
County in accordance with the teens of the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
The County agrees to provide the City with a detailed accounting of services provided
for an emergency collection: Documentation will track the time and materials of staff,
outside contractor expenses, and quantities and types of waste collected to
demonstrate that the wastes were generated above and beyond existing collection.
programs.
Services to businesses will be provided on a cost recovery basis and according to Attachment
D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration,
on-site collection, transportation, and disposal
costs. The County will assume responsibility for collecting fees from participating
businesses.
7. State and Federal Assistance and Funds
It is the city's responsibility to pursue reimbursement from State or Federal agencies.
State Office of Emeraencv Services (OESI
The OES is responsible for requesting assistance on behalf of local jurisdictions for
resources beyond the capability of the jurisdiction. State assistance may include
assistance available from State, Federal, or private sources. If a local jurisdiction is
declared a state disaster area, and the local jurisdiction deems that the needs of the •
disaster response are beyond its capabilities, then the local jurisdiction can request
assistance and reimbursement of costs from OES.
Follow Standardized Emergencv Management Svstem (SEMSI
All requests and emergency responses must be in accordance with the SEMS.
The State Department of Toxic Substances Control may have funding available
for hazardous waste response and collection.
Federal Assistance
If a state disaster area Is declared a federal disaster, then federal funding assistance
maybe available through the State OES. Funding and assistance maybe available
from Federal agencies such as FEMA and the U.S. EPA.
Damage estimates: The city should provide to the State OES estimates
of damages and a "scope of work requested." It is recommended that the local HHW
coordinator meet ahead of time with local emergency agencies or State OES contacts
regarding the proper procedures and wording of requests for assistance.
Funding Process: The funding process may vary depending on the unique
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 3
circumstances of the disaster. The process can either be the traditional FEMA reimbursement
process, or by direct assistance from EPA.
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Emergency Planning Contacts and Personnel
Primary County Contact: Deparhnent of Environmental Health
Household Hazardous Waste Program.
Ed Ramos
Hazardous Material Specialist
408-299-7300
Responsibility: Coordinate and establish proper collection and disposal methods
for household hazardous waste. Assess the need for HHW and
CESQG services in consultation with the City and other operations.
Santa Clara County
Department of Environmental Health
Hazardous Materials Compliance and Solid Waste enforcement Division
Antone Pacheco
Duector
408-918-1958
Information and Public Affairs
2800 Meadowview Road
Sacramento, CA 95832 •
916/262-1843
916/262-1841 (voice/TDD)
OES -Coastal Region
1300 Clay Street, Suite 400
Oakland, CA 94612
510/286-0895
510/286-0877 (voice/TDD)
CHEMTREC Emergency number, (800) 424-9300
Non-emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The
Center was developed as a resource for obtaining immediate emergency response information to
mitigate accidental chemical releases, and as a means for emergency responders to obtain
technical assistance from chemical industry product safety specialists, emergency response
coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents
involving chemicals.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5
SARATOGA CITY COUNCIL
y i~
MEETING DATE: June 18, 2003 AGENDA ITEM: l~~
ORIGINATING DEPTnCity Manager CITY MANAGER: ~~ -' ~~ ' "~
t`
PREPARED BY• it. DEPT READ:
SUBJECT: Response to Governor's Proposal to Suspend State Mandate
RECOMMENDED ACTION:
Informational only.
REPORT SUMMARY:
Governor Davis has proposed repealing a key portion of California's open meeting law, a money
savings move that would scrap the state requirements that city councils, county boards of
supervisors, school districts and other local bodies inform the public about upcoming meetings.
In 2001-02 the state reimbursed local agencies $9.3 million for costs associated with postings
agendas. Governor Davis stated that any responsible public agency should perform such public
notification without being ordered to do so.
Amy Brown, League Legislative Representative, stated that no new information has been received
in regards to the proposed cut of the open meeting law. The Governor's Office is going through
each of the 33 proposed mandates to be cut one by one.
FISCAL IMPACTS:
The City would not be reimbursed approximately $ a year for complying with the Open Meeting
Act.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
.Attachment A -Governor's Budget May Revision 2003-04
Attachment B -Email from Amy Brown, League Legislative Representative
Attachment C -Report of the State's payments to the City of Saratoga from 1999-2002
2 of 2
`I !!
4 ~
82 EXPENDITURES '.
a highly contagious disease that affects poultry food production, infects most bird
species, has the ability to spread rapidly, and has a high fatality rate..
California Arts Council
2002-03 -
2003-04 -$5.5 million
Due to the continuing deterioration of the State's fiscal outlook, the May Revision
proposes reductions totaling $5.5 million in General Fund for the California Arts
Council, bringing total reductions to the Arts Council to $14 million, including:.
State Operations-$532,000 and 18 positions for state operations. This reduction
would retain $377,000 for the Arts in Education Program, $227,000 in the
Performing Arts Program, and $956,000 for the Organizational Support Grants
Program,
Local Assistance-$5 million for local assistance projects and grant programs.
This reduction would retain $1.6 million for the Arts in Education Program,
$1.6 million for the Organizational Support Grants Program, .$300,000 for the
Performing Arts Program, and $1.5 million for the Cultural Institutions Program.
_ _.. __
Reimbursable State Mandated
Local Programs (Non-Education)
2002-03 -
2003-04 -$5,000
The Budget Act of 2002 deferred payment for non-education mandate obligations
from prior years as well as the 2002-03 costs of those mandates. The 2003-04
Governor's Budget proposed to continue the deferral of mandates payments,
preserving the obligation of local governments to provide the mandated activities
as well as the obligation of the. State to reimburse those entities in the future, with
interest.
The May Revision proposes the suspension of 34 mandates and the repeal of one
mandate. The mandate proposed for repeal, related. to the.Open Meetings Act
(Chapter 641, Statutes of 1986), requires local entities to post agendas regarding
items to be considered at meetings, as well as the time and location of the meetings.
This mandate requires local governments to perform activities that any responsible
public agency should perform without being mandated to do so, and retaining it
would continue the State's obligation to pay the cost. Mandates such as this result in
additional General Fund costs without producing a significant benefit to the State.
GOVERNOR'S BUDGET MAY REVISION 2003-04
Attachment 1
EXPENDITURES
This action would reduce the annual obligation for non-education mandates
by approximately $32.9 million. The State's total estimated obligation for non-
education mandates through 2003-04 would be reduced to approximately
.$876.3 million. The estimated deferred obligation in 2003-04 alone for non-
education mandates would be reduced to approximately $162.6 million.
ft is the Administration's intention to draft the statutory changes necessary to
repeal 27 of the 34 mandates proposed for suspension in this proposal during the
development of the 2004-05 Governor's Budget.
State Retirement Contributions
Suppleugental Benefits Maintenance Account
2002-03 -
2003-04 $3.5 million
General Fund contributions to the State Teachers Retirement System (STRS')
Supplemental Benefits Maintenance Account (SBMA) for purchasing power
protection will increase by $3.5 million for 2003-04 (from $55.4 million to
$58.9 million). This is due to a recalculation of 2001-02 fiscal year teacher payroll,
which is the basis for the statutory formula. Normally, this would result in a total
contribution of $558.9 million, but for the 2003-U4 fiscal year only, the contribution
to the SBMA is reduced by $500 million pursuant to the enactment of Chapter 6,
Statutes of 2003, First Extraordinary Session (SB 20X). This results in no reduction
to benefits for retired teachers.
Judges' Retirement System
2002-03 -
2003-04 -$10.3 million
The May Revision includes a decrease of approximately $10.3 million General Fund
.(from $97.7 million to $87.4 million) to reduce the Judges Retirement System I fund
balance for benefit payments to retired judges from two months to one month.
GOVERNORS BUDGET MAY REVISION 12003-04
83
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~.~
-. J
Cathleen Boyer
From:
Sent:
To:
Subject:
Hi everyone:
Lorraine Okabe [OkabeL@cacities.org]
Tuesday, May 20, 2003 10:22 AM
city_clerks@ I fists. cacities.org
Davis targets open meeting law cost
Amy Brown, League Legislative Representative, asked metopost this to
the clerks' listserv fox your information.:
http://www.latimes.com/news/printedition/California/la-me-brown20may20,1
148633.story?toll=la'c2Dheadlines$2Dpe$2Dcalifornia
Davis Targets Open Meeting Law Cost
In his revised budget,. he proposessaving $9million by no longer
reimbursing local. governments fox posting public agendas.
By Sue Fox, Times Staff Writer
Gov. Gray Davis has proposed repealing a key portion of California's
open meeting law, a money-saving move that would scrap the state
requirement that city councils, county boards of supervisors,- school
districts and other local bodies inform the public about upcoming
meetings. -
In a little-noticed provision buried on page 82 of the governor's
revised budget proposal, released last week, Davis said the state
requirement that local entities post agendas listing meeting times,
locations anditems to be considered "result[s] inadditional general
fund costs without producing a significant benefitto the state."
Any responsible public agency, he said, should perform such public
notification without being ordered to do so.
But 1st Amendment advocates said that the change, if approved, would gut
the 50-year-old Ralph M. Brown Act, a cornerstone ofopen government
that compels legislative bodies to meet publicly and with adequate
notice.If city councils and other entities do not have to post agendas,
they said, government leaders will be free to make important decisions
without public input or scrutiny. -
"It would cut the heart out of the Brown Act," said Tom Newton,.general
counsel of theCalifornia Newspaper Publishers Assn. "If you don't have
a requirement that agendas be posted even withthe best intentions,
[local leaders) will be taking surprise actions all the time."
The measure would do little to close California's budget gap, which is
estimated by Davis at $38.2 billion overthe next 14 months. In 2001-02,
the state reimbursed local agencies $9.3 million for costs associated
with posting agendas, said Anita Gore, a spokeswomanfor the state
Department of Finance. The governor's office referred repeated press N
inquiries about the proposal to Gore. ~
"Because it is good government, because this is something that local ~
entities will be doing anyway, because it's the right thing to do, we d''
anticipate that this [agenda posting] will continue to be done," she ,-~
said. "The state is not in a position to-pay for things that are local ~
government obligations There are some people who might say, 'It's only ~
$9 million.' Well, where else do you get the $9 million? Do you get it
from education? Health services? The elderly? Disabled children?"
1
To get out of paying thebill, the state would have to drop the mandate,
the governor's office said. Davis also has proposed suspending 33 other _
mandates, including animal adoption programs and lawenforcement •
training to prevent sexualharassment and elder abuse, which would save
California $32.9 million in the coming year.
Several elected officials said Monday that most cities and counties
probably would continue posting notices about upcoming meetings even if
they had to pick up the tab.
"We have a very active community," saidJane Brunner,an Oakland city
councilwoman. "If you don't give people enough timeto organize to get
people downto City Hall, you're making decisions in a vacuum.."
The Brown Act requires local entitiesto post agendas at least 72 hours
before regularly scheduled meetings and 24 hours before special.
meetings. Often such notices are tacked to bulletin boards, but as a
courtesy many agencies print and distribute hundreds ofcopies to news
organizations, private citizens, unions, lobbyists and anyoneelse who
requests them.
In this electronicage, local governmentsare increasingly posting
agendas online, although they are still required to post at least one
hard copy in a public place.
Though they are generally packed withdry legalese,the agendas tip
people off to hot issues in their area. They set phones abuzz and e-mail
messages rocketing, prompting activists toscrawl protest signs,
organize car pools and even rent buses for the trip to make sure their
voices are heard.
The resulting debates are
Angeles, the City Council
debated the proper police
Valley, concerned parents
Board of Education meetin
local high schools.
often colorful andimpassioned. In Los
got an earful from outraged residents as it
response to burglar alarms. In the Central
from the Modesto school district trooped to
xs to protest a steamy novel being taught in
And in Santa Clarita, environmentalists routinely comb city and county
agendas looking for items on Newhall Ranch, a massive 21,000-home
project planned along the Santa Clara River, or-other proposed
developments.
"It's one of the few tools we have," said Barbara Wampole, vice
chairwoman of Friends of the Santa Clara River. "Even now, we can see
how manipulating the agendas can make it hard for the public to
participate."
The BrownAct did not mandate that agendas be posted until 1986, after
Los Angeles City Council members gave themselves a pay raise without
airing the matter publicly. But under state law, California must provide
the money to pay for its so-called state mandates, making them
particularly vulnerable during budget crises.
In 1990, Gov. Pete Wilson suspended the meeting notice mandate to save
money, said Terxy Francke of the California FirstAmendment Coalition.
The measure was reinstated about a year later; government watchdogs have
kept an eye on it ever since.
Allegations of Brown Act violationsare fairly common. Likely breaches
outlined in the California Newspaper Publishers Assn.'s latest.
newsletter include New Haven Unified School District discussions of a
superintendent's contract; Ohlone College's choice of anarchitect to
design a satellite campus in Newark; the Paradise Irrigation District's
2
denial of a resident's request to speak; closed meetings of the Trinidad
City Council's finance committee, and improper notice of a special
meeting of the Antelope Valley Hospital Board of Directors.; and a
closed-door session of the Mountains Recreation and Conservation
.Authority.
If Davis' proposal goes through, Francke said, "those agencies that
would just as soon low-ball a certain proposal would get away with it."
Amy Brown
LegislativeRepresentative
League of California Cities
916-658-8279
browna@cacities.org
Lorraine Okabe
League of California Cities
1400 KSt., Suite 400
Sacramento, CA 95814
916/658-8236
916/658-8240 fax
okabel@cacities.org
The League is not responsible for the content posted to this listserv and encourages users
to conduct their own evaluations. Access to this listserv maybe denied at the Zeague's
sole discretion. This message was sent to you as a subscriber to theLeague-of California
Cities' City Clerks' Department listserve. If you have any questions, please contact
Lorraine Okabe at okabel@cacities.org.
•
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3
SCO Payments ...__ _.. _ _ •.. .._
City of Saratoga
Actual or State Pymt.
Mandate PLII Name Aate Illed Claim Year Estimate Claimed Amt to Aatc
Animal Adoption 9/4/2002 2000N1 Actuet $5,515 30
Businus Tax Reporting 12/3011999 7996/99 - Actusl $16.167 SI3,780
Investment Reports 11/30/1999 1998/99 Actual $9,048 $7,506
ImestmrntReporls 12/30/1999 1999/00 Estimate 58,000 $5,000
investment Reports 12/29/2000 1999/00 Attual 572,870 Sa,870
lnvestmrntReports 12/29/2000 2000/01 Estimate $8,000 $7,276
InvutmrntReport 12282007 2000/01 Attual Sit,b48 $4,372
InvestmentRepor[s 1225/2007 2001/01 fistitnace $9,000 $6,969
Invcsntxnt Reports 12!302002 2001102 Attual S1a,746. 50
Investment Reports 12!3012002 2002Po3 Estimate $9,200 $0
ManduteRdmbursement]'rocess 11/30!1999 1998/99 Actual 33,912 $472
Mandate Fcimbutsemrnt Process 121292000 1999/00 Actual $3,533 $882
MandateReimbursemantProcass 72/30/7999 7999/00 Estimate 53.500 $2,951
MandateReimbutsemamProeess
12/28h001
2000/0]
Actual
&i,929
$0 .
MandnteReimbursemantProcess 12/I9h000 2000107 66titram $3,500 52,603
Mandate Relmbutsement Proce55 ]2/3012002 2007/02 Aclual 5446 50
Mandate Rcimbursemrnt Prates 72/25/2001 2001/02 P,stit7nce $3,500 $2.066
MandateReitnbursementProeess 1220h002 2002!03 Eetimace $1,001 $0
Oprn Mcc6nga AU G/5/2001 1997/98 Actual $19.098 30
Oprn Mce6ngs wet 6/52007 7998199 wctusl $21,352 $0
Open Meetings Act 72/30/1999 t99S/99 Actual $17,628 $6,921
Open Meetings ACt 6/5/2001 1999/00 Actual $22,603 $0
Oprn Meetings Acc 12/30!1999 7999/00 Estimate $10,000 $8,471
Oprn Mcctinga Act 12/29/1000 2000/01 Estimate $11,544 $6,759
Oprn Meetings Aet 6/52001 2000101 bstimatt 320>000 50
Open Meetings Aa 122812001 2000/01 Actual 321,914 50
Open Meetings Att 1226/2007 2001/02 EeHmate 320,000 SG,372
Open Meetings AttBrov+n Aet Reform 12/30/2002 200iPo2 Actual $25,256 30
Open Meerings AcVErown Att Reform 72!3012002 2002103 5atimatr $20,000 $0
Regional Housing Need Detrnnination 12/30!1999 1998/99 Actual $S02 $602 •
Regional Housing Need Determination 1229/1000 1999100 ACNeI $6,567 3211
1Nednesday,May21,2003 Maxitnus,Iac. - Attachment 3
. ,
Regional Hcusing Nccd Dcarminapon 12/29/2000 2000/Ol Estimax $6,000 53,605
Regional Housing Nced Dece!•mination ]2/2812001 2000/01 Acmat $37,000 $33,395
Rcgionat Housing Nced Detemtination 12/28/2001 2001/02 Estimate $6,500 - $4.SOS
V`$389.079 ~~~-$132,136
u
Wednesday, May Z I, 2003 MAXItnUS, InC. Pagc 2 of 2