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Home My WebLink About03-06-2013 City Council Agenda Packetoj S A I?q� SIF09% AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL MARCH 6, 2013 SPECIAL MEETING — 5:00 P.M. — ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 5:00 P.M. REPORT ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on February 28, 2013) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. ADJOURN TO CLOSED SESSION — 5:00 P.M. CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code Section 54957.6) A. Employee organizations: Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference Board Agency designated representatives: Monica LaBossiere and/or Dave Anderson CAPITAL IMPROVEMENT PLAN POLICY STUDY SESSION — 5:15 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE CALL JOINT MEETING TO ORDER — 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE 1. Joint Meeting with Chamber of Commerce/ Destination Saratoga Committee Recommended Action: Informational Only ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.sarato ag ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 4081868 -1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title II] Certificate of Posting of Agenda: I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on February 28, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City's website at www.saratgga.ca.us. Signed this 28`h day of February 2013 at Saratoga, California. Crystal Bothelio, City Clerk OA Table of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Proclamation Declaring March 11 to March 15, 2013 as Science Fair Week Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 8 Proclamation . . . . . . . . . . . . . . . . . . . . . . . . . 10 Presentation by Saratoga Elementary School on the Honk, Jr. Musical Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 11 Presentation on Relay for Life of Saratoga Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 13 City Council Meeting Minutes Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 15 Attachment A: Minutes for Special and Regular City Council Meeting on February 20, 2013 . . . . . . . . . . . . . 17 Review of Accounts Payable Check Registers Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 23 2/19/13 Check Register . . . . . . . . . . . . . . . . . . . . 25 2/27/13 Check Register . . . . . . . . . . . . . . . . . . . . 28 Treasurer's Report for the Month Ended January 31, 2013 Treasurer's Report for the Month Ended January 31, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 City of Saratoga Community Garden Plots Rules and Policy City of Saratoga Community Garden Plots Rules and Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Attachment A — Proposed El Quito Community Garden Rules and Regulations . . . . . . . . . . . . . . . . . . . . 43 Attachment B — Current El Quito Community Garden Rules and Regulations . . . . . . . . . . . . . . . . . . . . 47 Landscaping & Lighting Assessment District LLA -1; Resolutions Initiating Renewal of the District for FY 13 -14 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 49 1. Resolution describing improvements and directing preparation of the Engineer ?s Report . . . . . . . . . . . . . 52 2. Resolution appointing Attorneys . . . . . . . . . . . . . . . 55 Modifications to Article 15 -50 (Tree Regulations) of the City Code Streamlining the Process of Permitting the Removal of Dead and Fallen Trees Staff Report - Tree Regulations . . . . . . . . . . . . . . . . 56 Att. 1 - Ordinance . . . . . . . . . . . . . . . . . . . . . . . 59 Att. 2 - PC Resolution . . . . . . . . . . . . . . . . . . . . . 65 Att. 3 - Tree Regulations in its Entirety . . . . . . . . . . . . . 66 Att. 4 - Survey of Cities - Tree Protection Security Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Adoption of a Resolution of Intention to Abandon and Sell Unused City Property Located Near Gardiner Park Between 18929 and 18947 Harleigh Drive 1 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 79 1. Resolution of Intention . . . . . . . . . . . . . . . . . . . 82 2. Map of Parcel . . . . . . . . . . . . . . . . . . . . . . . 84 2 f� 4 t/,n_V A e n � k� �1 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, MARCH 6, 2013 REGULAR MEETING — 7:00 P.M. — CIVIC THEATER /COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on February 28, 2013) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS Proclamation Declaring March 11 to March 15, 2013 as Science Fair Week Recommended action: Read and present proclamation declaring March 11 to March 15, 2013 as Science Fair Week in the City of Saratoga to Veena Jain, Board Member, Santa Clara Valley Science and Engineering Fair Association. 3 SPECIAL PRESENTATIONS 2. Presentation by Saratoga Elementary School on the Honk, Jr. Musical Recommended action: Introduce the presentation by the Saratoga Elementary School performers in the musical, Honk, Jr. 3. Presentation on Relay for Life of Saratoga Recommended action: Receive presentation on Relay for Life of Saratoga. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 4. City Council Meeting Minutes Recommended action: Approve minutes for the Special and Regular City Council Meeting on February 20, 2013. 5. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 2/19/2013 2/27/2013 6. Treasurer's Report for the Month Ended January 31, 2013 Recommended action: Review and accept the Treasurer's Report for the month ended January 31, 2013. 7. City of Saratoga Community Garden Plots Rules and Policy Recommended action: Staff recommends that Council accept this report and adopt the updated Community Garden Plots Rules and Policy. 8. Landscaping & Lighting Assessment District LLA -1; Resolutions Initiating Renewal of the District for FY 13 -14 Recommended action: 1. Move to adopt the resolution describing improvements and directing preparation of the Engineer's Report. 2. Move to adopt the resolution appointing the Attorney's for the District. 2 PUBLIC HEARINGS Applicants /Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant /Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 9. Modifications to Article 15 -50 (Tree Regulations) of the City Code Streamlining the Process of Permitting the Removal of Dead and Fallen Trees Recommended action: Conduct a public hearing. Introduce and waive the first reading of the ordinance making changes to Article 15 -50 (Tree Regulations) of the City Code. OLD BUSINESS None NEW BUSINESS 10. Adoption of a Resolution of Intention to Abandon and Sell Unused City Property Located Near Gardiner Park Between 18929 and 18947 Harleigh Drive Recommended action: (1) Adopt a resolution of intention (Attachment 1) to abandon and sell unused City Property located near Gardiner Park between 18929 and 18947 Harleigh Drive, setting a hearing date of April 17, 2013, and directing staff to prepare bid procedures and a form purchase and sale agreement and; (2) direct staff regarding the budget allocation for proceeds from the sale. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Historical Foundation KSAR Community Access TV Board Village Ad Hoc West Valley Mayors and Managers Association Vice Mayor Emily Lo Hakone Foundation Board Let's Move City Ad Hoc Library Joint Powers Authority Santa Clara Valley Water District Commission Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee 5 Council Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Chamber of Commerce County HCD Policy Committee Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Emergency Council SASCC TEA Ad Hoc Council Member Chuck Page Association of Bay Area Governments Highway 9 Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee Sister City Liaison TEA Ad Hoc West Valley Sanitation District CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.sarato ag ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104 ADA Title II) Certificate of Posting of Agenda: I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on February 28, 2013, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was 0 available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us Signed this 28th day of February 2013 at Saratoga, California. Crystal Bothelio, City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.sarato.a CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2013 03/06 Regular Meeting — 5:15 p.m. CIP Policy Study Session, Joint Meeting with Chamber of Commerce / Destination Saratoga 03/20 Regular Meeting — Joint Meeting with County Fire 04/03 Regular Meeting — Joint Meeting with Sheriff Office 04/17 Regular Meeting — Joint Meeting with Montalvo Arts 04/22 Special Meeting — Budget Study Session 05101 Regular Meeting — Joint Meeting with Youth Commission 05115 Regular Meeting — Joint Meeting with Mountain Winery 06/05 Regular Meeting — Joint Meeting with Hakone Foundation 06/19 Regular Meeting — Joint Meeting with Saratoga/Monte Sereno Community Foundation 07/03 Regular Meeting — Civic Theater Master Plan Study Session 07/17 RECESS 08/07 RECESS 08/21 Regular Meeting — Joint Meeting with SACSS 09/04 Regular Meeting — Joint Meeting with Parks and Rec /PEBTAC 09/18 Regular Meeting — Joint Meeting with West Valley Board of Trustees 10/02 Regular Meeting — 5:30 p.m. Joint Meeting with Saratoga School Districts 10/16 Regular Meeting — Joint Meeting with Traffic Safety Commission 11/06 Regular Meeting — Joint Meeting with Library Commission and Friends of the Library 11/20 Regular Meeting — Joint Meeting Sister City Committee 12/04 Regular Meeting — Joint Meeting with Assembly Member Paul Fong and Jim Beall 12/18 Regular Meeting — Joint Meeting TBD 7 uj SAkt 9T0 4 � SARATOGA CITY COUNCIL MEETING DATE: March 6, 2013 AGENDA ITEM: DEPARTMENT: City Clerk CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: SUBJECT: Proclamation Declaring March 11 to March 15, 2013 as Science Fair Week RECOMMENDED ACTION: Read and present proclamation declaring March 11 to March 15, 2013 as Science Fair Week in the City of Saratoga to Veena Jain, Board Member, Santa Clara Valley Science and Engineering Fair Association. REPORT SUMMARY: A group of dedicated citizens and educators will be producing the Synopsys Silicon Valley Science and Engineering Championship, which will take place on March 12 -13, 2013. The annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County. By declaring March 11 to 15, 2013 as Science Fair Week, the City Council is encouraging young people to take an interest in science. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: lIN210 FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the 0 meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Proclamation 9 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA PROCLAIMING MARCH 11 TO MARCH 15, 2013 AS SCIENCE FAIR WEEK WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, a group of dedicated citizens and educators will be producing the Synopsys Silicon Valley Science and Engineering Championship, an exciting Science and Engineering Fair, the 12th andl3th of March 2013; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, the Synopsys Silicon Valley Science and Engineering Championship will direct public attention towards the fields of science and engineering by setting aside a time for creative participation on the part of all interested students. NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering and do hereby proclaim the week of March 11 through March 15, 2013 as SCIENCE FAIR WEEK in the City of Saratoga and urges all residents, particularly young people, to take part in science fairs. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of March 2013. Jill Hunter, Mayor City of Saratoga uj SAkt 9T0 4 � SARATOGA CITY COUNCIL MEETING DATE: March 6, 2013 AGENDA ITEM: DEPARTMENT: City Clerk CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: SUBJECT: Presentation by Saratoga Elementary School on the Honk, Jr. Musical RECOMMENDED ACTION: Introduce the presentation by the Saratoga Elementary School performers in the musical, Honk, Jr. REPORT SUMMARY: On March 22 and 23, 2012, the Saratoga Elementary School will be presenting the musical Honk, Jr. at the Saratoga Elementary School Multi- purpose Room at 14592 Oak Street, Saratoga, CA. The show times are 5:30 p.m. and 7:30 p.m. and tickets are $8 in advance and $10 at the door. Purchase is available at http: // seshonkjr- SESWebsite.eventbrite.com FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 11 ATTACHMENTS: None 12 Yr SARATOGA CITY COUNCIL LrFOxj� MEETING DATE: March 6, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Presentation on Relay for Life of Saratoga RECOMMENDED ACTION: Receive presentation on Relay for Life of Saratoga. BACKGROUND: Each year, a Relay for Life of Saratoga is held to raise funds to fight cancer and to honor community members that have battled cancer or who have lost loved ones to cancer. The 2013 Saratoga Relay for Life event is scheduled for June 1 and 2, 2013 starting at 10:00 a.m. at Saint Andrews School's field, located at 13601 Saratoga in Saratoga. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. Page 1 of 2 13 ATTACHMENTS: None Page 2 of 2 14 Yr SARATOGA CITY COUNCIL LrFOxj� MEETING DATE: March 6, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve minutes for the Special and Regular City Council Meeting on February 20, 2013. BACKGROUND: The draft minutes for the Special and Regular City Council Meeting on February 20, 2013 is attached to this report for Council review and approval. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Page 1 of 2 15 Attachment A: Minutes for Special and Regular City Council Meeting on February 20, 2013 Page 2 of 2 16 MINUTES FEBRUARY 20, 2013 SARATOGA SPECIAL CITY COUNCIL MEETING The Saratoga City Council called a joint meeting with the Planning Commission to order at 6:00 p.m. in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. SARATOGA REGULAR CITY COUNCIL MEETING Mayor Hunter called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Council Members Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk James Lindsay, Community Development Director Cynthia McCormick, Planner REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Crystal Bothelio reported that pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on February 14, 2013. REPORT FROM CLOSED SESSION Mayor Hunter announced that there was nothing to report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aaendized Items Cheriel Jensen spoke about water fluoridation. Oral Communications - Council Direction to Staff Council Member Page asked staff to meet with Ms. Jensen to review water fluoridation studies and share contact information of elected officials that may be able to assist her. Communications from Boards and Commissions Planning Commission Chair Tina Walia provided an overview of the City Council's Joint Meeting with the City Council. Council Direction to Staff None 17 ANNOUNCEMENTS Council Member Cappello announced A Night in Tuscany, a Saratoga Area Senior Coordinating Council (SASCC) fundraiser on March 8, 2013 at the Joan Pisani Community Center. Proceeds from the event will be used to provide services to seniors through SASCC. Council Member Lo provided an update on the Saratoga Community Emergency Response Team and Medical Reserve Corps panel discussion on February 19, 2013 and shared on March 3, 2013 Hakone Gardens will be hosting a Chinese New Year Celebration from 11:00 a.m. to 3:00 p.m. Mayor Hunter stated that the St. Paddy's Day Party will be on March 16, 2013 in the Village and the Blossom Festival will be on March 23, 2013 in the Heritage Orchard. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. City Council Meeting Minutes Recommended action: Approve City Council minutes for the following meetings: City Council Retreat on January 25, 2013; City Council Study Session on February 4, 2013; and Special and Regular City Council Meeting on February 6, 2013. Council Member Lo removed this item from the Consent Calendar to request that the Council direction on Process Options for Strategic Planning in the minutes for City Council Retreat on January 25, 2013 include that the staff should pursue grant funding opportunities for the strategic plan. Mayor Hunter invited public comment on the item. No one requested to speak. LO /CAPPELLO MOVED TO APPROVE CITY COUNCIL MINUTES WITH THE ADDITION REOUESTED BY COUNCIL MEMBER LO FOR THE FOLLOWING MEETINGS: CITY COUNCIL RETREAT ON JANUARY 25 2013; CITY COUNCIL STUDY SESSION ON FEBRUARY 4,2013; AND SPECIAL AND REGULAR CITY COUNCIL MEETING ON FEBRUARY 6, 2013. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. OA im 2. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 2/6/2013 2/12/2013 PAGE/MILLER MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 2/6/2013 AND 2/12/2013. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. PUBLIC HEARINGS 3. Adoption of City of Saratoga General Plan Safety Element Update and Negative Declaration Recommended action: The Planning Commission recommends that the City Council: Open the public hearing and accept public testimony on the General Plan Amendment and Negative Declaration; Close the hearing and deliberate; and Approve resolution (Attachment A) certifying the Negative Declaration and adopting the revised Safety Element of the City's General Plan. Aaron Pfannenstiel, Project Manager from RBF Consulting, presented a report to the City Council on the General Plan Element Safety Update. Mayor Hunter invited public comment on the item. The following person spoke: Cheriel Jensen No one else requested to speak. RESOLUTION NO. 13 -007 PAGE /HUNTER MOVED TO APPROVE RESOLUTION CERTIFYING THE NEGATIVE DECLARATION AND ADOPTING THE REVISED SAFETY ELEMENT OF THE CITY'S GENERAL PLAN. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. OLD BUSINESS 4. 2013 Movie Night Series Program & Outdoor Movie Equipment Recommended action: Accept report and direct staff to work with Parks and Recreation Commission to implement 2013 Movie Night Series and to proceed with renting outdoor movie equipment for the series. 19 Mainini Cabute, Administrative Analyst II in the City Manager's Office presented the staff report on the item and invited Parks and Recreation Commission Chair Thomas Soukup and Parks and Recreation Commissioner Renee Paquier to present the Commissions' recommendation. Parks and Recreation Commission Chair Thomas Soukup and Parks and Recreation Commissioner Renee Paquier addressed the City Council. Mayor Hunter invited public comment on the item. The following person spoke: Leonard Almalech No one else requested to speak. CAPPELLO /PAGE MOVED TO DIRECT THE PARKS AND RECREATION COMMISSION TO HOLD A 3 -NIGHT OUTDOOR 2013 MOVIE NIGHT SERIES, RENT OUTDOOR MOVIE EQUIPMENT FOR THE SERIES, AND ALLOCATE $1,190 TO THE OUTDOOR MOVIE IN JUNE 2013 FROM THE COUNCIL DISCRETIONARY FUND, AND BUDGET FOR THE REMAINING OUTDOOR MOVIE EVENTS IN THE FISCAL YEAR 2013/14 BUDGET. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. NEW BUSINESS 5. Provide Direction on the Planning Commission's Review of the Residential Design Review Handbook & Front Yard Landscaping Standards Recommended action: Provide direction on the scope of review. Community Development Director James Lindsay introduced the item to the City Council and invited Planning Commission Chair Tina Walia to speak. Planning Commission Chair Tina Walia addressed the City Council. Mayor Hunter invited public comment on the item. No one requested to speak. MILLER/PAGE MOVED TO DIRECT THE PLANNING COMMISSION TO REVIEW THE RESIDENTIAL DESIGN HANDBOOK AND FRONT YARD LANDSCAPING STANDARDS AND RETURN TO THE CITY COUNCIL WITH A RECOMMENDATION. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. Mayor Hunter announced that the City is currently accepting applications for the Planning Commission. Applications are due March 12, 2013. 4 20 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter KSAR Community Access TV Board — Mayor Hunter announced that there is a new member on the KSAR Board. Vice Mayor Emily Lo Hakone Foundation Board — Hakone will be hosting a Chinese New Year celebration on March 3, 2014 from 11:00 a.m. to 3:00 p.m. West Valley Flood Control & Watershed Advisory Committee — the Committee met on February 13, 2013 and reviewed the draft implementation plan for the Safe, Clean Water and Natural Flood Protection Plan. Council Member Howard Miller Council Finance Committee — the Committee has been reviewing the reserve policies discussed at the Council Retreat and plans to provide the updated drafts of the policies at the City Council Study Session on the Fiscal Year 2013/14 Budget. Additionally, the Committee has been preparing a policy on how items are added to the City's Capital Improvement Plan. Valley Transportation Authority PAC- there are several new members to the VTA PAC, which were introduced during the last meeting. Additionally, the PAC discussed the guidelines and scoring system for the bicycle expenditures program. The PAC also received an update on purchase of new rapid transit buses, electrification of CalTrain, and opening of the new Bay Bridge. West Valley Solid Waste Management Joint Powers Authority — the next meeting is on February 25, 2013. The Board will be discussing hauler negotiations and recruitment of an executive director. Council Member Manny Cappello Chamber of Commerce — the Chamber has been working with Silicon Valley Community Newspapers to advertise Chamber events throughout the year. Additionally, the Chamber's Youth Entrepreneurial Academy is coming along nicely. County HCD Policy Committee — the Policy Committee will be meeting on February 21, 2013 to discuss recommended allocations of CDBG public service funds. Santa Clara County Emergency Council — during the last meeting, a consolidated calendar of emergency training and drill information from all the jurisdictions in the County was presented. Council Member Chuck Page Santa Clara County Cities Association — while unable to attend the last meeting, Council Member Page shared that an appointment to the Council on Aging was made and the group received a presentation on Beautiful Day. TEA Ad Hoc — the TEA cities hired a new consultant to assist with TEA legislation. West Valley Sanitation District — Council Member Page shared he was appointed to the Wastewater Treatment Plan Technical Advisory Committee. CITY COUNCIL ITEMS Council Member Page asked staff to prepare monthly updates on use of the City's electric vehicle charging stations and asked that signage be added to the electric vehicle charging 5 21 station spaces at City Hall to allow short term parking for vehicles not using the charging stations. Council Member Page requested that the Council be kept up to date on the City's credit rating. Mayor Hunter added that it would be useful to compose a list of the City's accomplishments and notable attributes. City Manager Dave Anderson shared that the City is working on its League of California Cities "Strong Cities, Strong State" profile that will highlight many of the City's unique features. CITY MANAGER'S REPORT None ADJOURNMENT Page /Miller moved to adjourn the meeting at 9:33 p.m. Motion passed. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. Minutes respectfully submitted: Crystal Bothelio, City Clerk Co 22 SARATOGA CITY COUNCIL MEETING DATE: March 6, 2013 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Gina Fitch DEPT. DIRECTOR: Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 2/19/2013 2/27/2013 REPORT SUMMARY: Attached are Check Registers for: Type of Checks Date Starting Check # Ending Check # Total Checks Amount Checks Released Prior Check Register Date Ending Check # Accounts Payable 2/19/13 122171 122208 38 455,533.51 02/19/13 2/12/13 122170 Accounts Payable 2/27/13 1 122209 122270 62 238,181.60 02/27/13 1 2/19/13 122208 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Fund Dept. Purpose Amount 02/19/13 122181 Gachina Landscape General PW Landscape Maintenance 23,686.23 02/19/13 122192 SCC Office of the Sheriff General PS Law Enforcement 346,137.83 02/19/13 122201 Solectric CIP Facility Project PW Prospect Center Lighting 24,802.03 02/27/13 122223 Ekim Painting CIP Facility Project Rec & Fac Paint Buildings 20,925.00 02/27/13 122226 1 Gradetech, Inc. CIP Streets Project PW Highway 9 59,333.03 02/27/13 122244 Northern Underground CIP Streets Project PW Repairs & Dry Well Install 42,341.00 02/27/13 122254 Shute Mihaly & Weinberger General Legal Attorney Services 28,376.46 Accounts Payable checks voided during this time period: AP Date I Check # Issued to Reason I Status Amount 11/20/12 1 121619 jRmYang INever Received check Re -Issue 145.70 23 Cash reductions by fund: Fund # Fund Description 02/19/13 02/27/13 Total 111 General Fund 397,034.37 60,296.71 457,331.08 231 Village Lighting 2,722.70 2,722.70 232 Azule Lighting 242.28 242.28 233 Sarahills Lighting 254.35 254.35 241 Arroyo de Saratoga Landscape 60.47 60.47 242 Bonnet Way Landscape 872.89 872.89 243 Carnelian Glen - 244 Cunningham/Glasgow Landscape 168.57 168.57 245 Fredericksburg Landscape 36.46 36.46 246 Greenbriar Landscape 228.18 228.18 247 Kerwin Ranch Landscape 473.28 473.28 248 Leutar Court Landscape 99.72 99.72 249 Manor Drive Landscape - 251 McCartysville Landscape 241.16 20.36 261.52 252 Prides Crossing Landscape 181.05 25.75 206.80 253 Saratoga Legends Landscape - 254 Sunland Park Landscape - 255 Tricia Woods Landscape 48.94 1 10.18 59.12 271 Beauchamps Landscape 45.96 45.96 272 Bellgrove Landscape 368.92 403.52 772.44 273 Gateway Landscape 192.69 192.69 274 Horseshoe Landscape /Lighting 10.18 10.18 275 Quito Lighting 729.18 1 1,127.41 1,856.59 276 Tollgate LLD - 277 Village Commercial Landscape - 278 Brookglen L &L - 311 Library GO Bond Debt Service - 41 1 CIP Street Projects 5,496.59 51,702.73 57,199.32 41 CIP Park & Trail Projects 1,775.27 1,775.27 413 CIP Facility Projects 44,425.94 28,925.00 73,350.94 414 CIP Admin Projects - 42 1 Tree Fund - 4 1 Grant Fund - CIP Streets 54,419.43 54,419.43 432 Grant Fund - Parks & Trails - 433 Grant Fund - Facilities - 434 Grant Fund - Admin Projects 16,560.75 16,560.75 481 Gas Tax Fund - 611 Liability/Risk Mgt - 612 Workers' Comp - 621 Office Support 274.89 274.89 622 IT Services 5,956.16 5,956.16 623 Vehicle & Equipment Maint 569.83 4,290.38 4,860.21 624 Building Maintenance 2,919.79 9,117.59 12,037.38 631 Vehicle & Equipment Replacement 1,385.48 1,385.48 632 IT Equipment Replacement - TOTALI 455,533.51 1 238,181.60 - 693,715.11 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format 24 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 02/19/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:04:07 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130219 00:00:00.000' ACCOUNTING PERIOD: 8/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 11111 122171 02/19/13 234 TOTAL CHECK 11111 122172 02/19/13 197 11111 122173 02/19/13 179 11111 122173 02/19/13 179 TOTAL CHECK 11111 122174 02/19/13 500 11111 122175 02/19/13 552 11111 122176 02/19/13 355 11111 122177 02/19/13 500 11111 122178 02/19/13 378 11111 122179 02/19/13 390 11111 122179 02/19/13 390 11111 122179 02/19/13 390 TOTAL CHECK 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 VENDOR - - -- --- - - - - -- BUDGET UNIT • T & T 6246202 • T & T 1117102 • T & T 1117102 • T & T 6246202 • T & T 6246202 • T & T 6246202 • T & T 1117102 • T & T 6246202 • T & T 1117102 • T & T 1117102 • T & T 6246202 • T & T 1115301 • T & T 1115301 • T & T 1115301 • T & T 1115301 • T & T 1115301 ARROWHEAD MOUNTAIN SPRIN 6246202 CIM AIR, INC 6246202 CIM AIR, INC 6246202 CPLA 1111201 DEPARTMENT OF JUSTICE 1113301 DURAN & VENABLES, INC. 4119111 -001 EDIE KUHLMAN 111 EKIM PAINTING - NORTH, I 4139361 -001 ELECTRICAL DISTRIBUTORS 4139351 -001 ELECTRICAL DISTRIBUTORS 4139351 -001 ELECTRICAL DISTRIBUTORS 4139351 -001 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 99 DESCRIPTION MNTHLY RECUR CHARGE EMERG LINE - RECREATION EMERG LN -VM MAILBOX ALARM SYSTEM PHONES SR CENTER ALARMS BOOK -GO -ROUND ALARM EMERG LN CM OFFICE POSTAGE MACH -COPY RM EMERGENCY RESPONSE AM RADIO SARA LINE PROSPECT CENTER GATEWAY -IRR CONTROL CORP YRD EMERG LN PHONE LINES & PARKS BLANEY PHONE MODEM CONGRESS SPRING PARK DRINKING WATER SRVC BOILER PUMP REPAIR HVAC REPAIRS LIB COM MEMBERSHIP JAN FINGERPRINT FEES BERM REPAIR REFUND FACILITY PAINTING /RPR MUSEUM CHRISTY- ELECTRIC LID CHRISTY- ELECTRIC LID CONDUIT WEEDS GYPSY HILL LANDSCAPE FRUITVALE LNDSCP UPGRD WALNUT LNDSCP UPGRD MANOR LNDSCP UPGRD GARDINER LNDSCP ENHNC DAGMAR LNDSCP UPGRD DAGAMAR LNDSCP ENHNC FOOTHILL INSTALL TREE FOOTHILL REPLACE TREE WILDWOOD LNDSCP UPGRD BIGBASIN LNDSCP UPGRD COX IVY CLEANUP FRUITVALE SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 179.30 14.67 63.22 88.32 31.17 30.57 15.93 14.67 190.09 15.93 151.95 15.62 51.88 16.45 15.63 31.65 927.05 575.30 1,317.12 1,892.42 115.00 32.00 3,519.74 300.00 4,375.00 132.01 621.66 441.95 1,195.62 800.00 2,277.44 796.52 1,085.91 2,456.71 1,438.35 1,416.05 2,353.08 1,274.95 245.12 620.62 308.37 495.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 02/19/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:04:07 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130219 00:00:00.000' ACCOUNTING PERIOD: 8/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 11111 122181 02/19/13 454 TOTAL CHECK 11111 122182 02/19/13 455 11111 122183 02/19/13 742 11111 122184 02/19/13 489 11111 122185 02/19/13 63 11111 122186 02/19/13 567 11111 122187 02/19/13 500 11111 122188 02/19/13 500 11111 122189 02/19/13 79 11111 122190 02/19/13 126 11111 122191 02/19/13 135 11111 122192 02/19/13 1 11111 122193 02/19/13 145 11111 122193 02/19/13 145 11111 122193 02/19/13 145 TOTAL CHECK 11111 122194 02/19/13 60 11111 122194 02/19/13 60 TOTAL CHECK 11111 122195 02/19/13 712 11111 122196 02/19/13 982 VENDOR - - -- --- - - - - -- BUDGET UNIT GACHINA LANDSCAPE MANAGE 2755302 GACHINA LANDSCAPE MANAGE 2475302 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 4119111 -001 GARDENLAND POWER EQUIPME 1115201 GIULIANI & KULL, INC 111 HORIZON DISTRIBUTORS, IN 1115301 INTERSTATE TRAFFIC CONTR 4119111 -002 KANEN TOURS 1116101 KAREN TANG 111 MARY ELLEN MAROLDA 1116101 MUNISERVICES LLC 1113101 NORD -AGRAR INTERNATIONAL 4119111 -001 NORTH BAY BLDG MAINTENAN 6246202 OFF OF SHERIFF - FISCAL SV 1117101 OFFICE DEPOT INC. 1115201 OFFICE DEPOT INC. 1115301 OFFICE DEPOT INC. 6246202 ONTRAC 1118201 ONTRAC 1115201 PANTECHNICON, INC 4139322 -001 POWERPLAN 6315203 1 DESCRIPTION LNDSCP UPGRD BUCKNALL PLANTS KERWIN RANCH PLANTS PALO OAKS INSTALL OAK SARA /SVRD BARK BLANEY PLAZA IRR RPR SARATOGA MED CONGRESS SPRING LABOR LNDSCP POST OFFICE LNDSCP UPGRD GARDINER IRR UPGRD BURGUNDYMED INSTALL TREE SARA AVE MAGNOLIA TREE STAKES BONNET WY LOCUAT TREE TRNSPLNT TREE CVC CTR IRR INSP BEAUCHAMPS SHOULDER CLEAN UP STREETS SUPPLIES LLA -12 -0002 PIERCE RD PARKS SUPPLIES STREETS SUPPLIES EXCURSION 2/28/13 REFUND FACILITY CLASS CANCELLED SALES TX RPT Q 3 2012 STREETS SUPPLIES JANITORIAL SERVICES LAW ENFORCEMENT 2/13 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES DELIVERY CHARGES DELIVERY CHARGES THEATER CURTAINS TRAILER MODIFICATION SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 668.71 473.28 233.34 502.41 1,016.70 135.56 2,250.00 300.00 600.00 155.10 415.90 163.86 468.25 225.00 120.00 390.00 23,686.23 54.38 120.00 21.55 564.63 2,633.40 300.00 69.00 500.00 964.34 399.00 346,137.83 28.16 28.16 28.14 84.46 11.23 5.35 16.58 13,644.41 1,385.48 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 02/19/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:04:07 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130219 00:00:00.000' ACCOUNTING PERIOD: 8/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 1115301 MEDIANS /PARKWAYS 0.00 373.74 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2455302 FREDERICKSBURG 0.00 36.46 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2465302 GREENBRIAR 0.00 228.18 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2515302 MCCARTYSVILLE 0.00 241.16 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2555302 TRICIA WOODS 22.50 0.00 48.94 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2415302 ARROYO DE SARATOGA 0.00 60.47 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2485302 LEUTER CT 0.00 99.72 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2425302 BONNET WAY 0.00 872.89 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2525302 PRIDES CROSSING 0.00 181.05 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2725302 BELLGROVE 0.00 368.92 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2445302 CUNNINGHAM /GLAS 77.50 0.00 168.57 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2735302 GATEWAY PROJECT 0.00 192.69 11111 122197 02/19/13 87 SAN JOSE WATER COMPANY 2755302 EL QUITO LNDSCP /LIGHT 0.00 60.47 TOTAL CHECK 0.00 2,933.26 11111 122198 02/19/13 500 SARATOGA HIGH SCHOOL PTS 111 REFUND FACILITY 0.00 300.00 11111 122199 02/19/13 136 SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE VEH #05 0.00 69.14 11111 122199 02/19/13 136 SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE VEH #01 0.00 69.14 11111 122199 02/19/13 136 SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE VEH #113 0.00 69.14 TOTAL CHECK 0.00 207.42 11111 122200 02/19/13 160 SIERRA PACIFIC TURF SUPP 1115301 FERTILIZER 0.00 1,375.64 11111 122200 02/19/13 160 SIERRA PACIFIC TURF SUPP 1115301 HERBICIDE 0.00 1,198.67 TOTAL CHECK 0.00 2,574.31 11111 122201 02/19/13 236 SOLECTRIC ELECTRICAL 4139351 -001 PROSPECT CTR LIGHT #1 0.00 24,802.03 11111 122202 02/19/13 256 STEVENS CREEK QUARRY INC 4119111 -001 STREETS SUPPLIES 0.00 57.88 11111 122203 02/19/13 343 TMT ENTERPRISES INC 4139351 -001 UTILITY SAND 0.00 408.88 11111 122204 02/19/13 389 U SAVE ROCKERY 1115301 ROCK BUNCH DEDICATION 0.00 22.59 11111 122205 02/19/13 396 US POSTMASTERS 1116101 2013 SPRING GUIDE 0.00 3,000.00 11111 122206 02/19/13 425 WESCO GRAPHICS, INC 1118101 NEWSLETTER 0.00 1,637.36 11111 122207 02/19/13 613 WEST VALLEY SANITATION D 1115103 WVSD SIDE FUND PYOFF 0.00 16,185.00 11111 122208 02/19/13 544 WHEEL WORKS 6235202 MAINTENANCE VEH #107 0.00 362.41 TOTAL CASH ACCOUNT 0.00 455,533.51 TOTAL FUND 0.00 455,533.51 TOTAL REPORT 0.00 455,533.51 27 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 02/27/2013 CITY OF SARATOGA ACCTPA21 TIME: 15:22:16 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130227 00:00:00.000' ACCOUNTING PERIOD: 8/13 - - - -- VENDOR - - -- --- - - - - -- FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122209 02/27/13 546 11111 122210 02/27/13 1130 11111 122211 02/27/13 35 11111 122211 02/27/13 35 TOTAL CHECK 111 REFUND ARB10 -0009 11111 122212 02/27/13 798 11111 122213 02/27/13 970 11111 122214 02/27/13 529 11111 122215 02/27/13 500 11111 122216 02/27/13 179 11111 122216 02/27/13 179 TOTAL CHECK - 312.28 0.00 11111 122217 02/27/13 1020 11111 122218 02/27/13 229 11111 122219 02/27/13 494 11111 122220 02/27/13 342 11111 122221 02/27/13 211 11111 122222 02/27/13 500 11111 122223 02/27/13 378 11111 122223 02/27/13 378 11111 122223 02/27/13 378 TOTAL CHECK 11111 122224 02/27/13 500 11111 122225 02/27/13 1124 11111 122226 02/27/13 1096 11111 122226 02/27/13 1096 11111 122226 02/27/13 1096 11111 122226 02/27/13 1096 TOTAL CHECK 11111 122227 02/27/13 463 11111 122227 02/27/13 463 TOTAL CHECK 11111 122228 02/27/13 470 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ----- DESCRIPTION - -- ABAG POWER PURCHASING PO 6246202 GAS SERVICES ABLE SEPTIC TANK SERVICE 1115301 INSPECT PLUMBING ACCENT GRAPHICS 1111101 OFFICE SUPPLIES ACCENT GRAPHICS 6213102 NAME TAGS ANGELINA, PATRICIA 1116101 INSTRUCTOR - ROSEN ATKINSON,ANDELSON,LOYA,R 1113301 LEGAL SERVICES CALPER'S RETIREMENT SYST 1111101 SERVICE CREDIT -PAGE CHUNLIN SHI & FENG HU 111 REFUND ARB10 -0009 CIM AIR, INC 6246202 HVAC PM SERVICES CIM AIR, INC 6246202 HVAC REPAIRS CINTAS DOCUMENT MANAGEME 1112201 COAST OIL COMPANY LLC 6235202 COMCAST 6223201 DATA TICKET INC 1117101 DEEP CLIFF GOLF COURSE 1116101 DESMOND FU 111 EKIM PAINTING - NORTH, I 4139362 -002 EKIM PAINTING - NORTH, I 4139361 -001 EKIM PAINTING - NORTH, I 4139342 -004 ERIC AND MARGUERITE MCAF 111 ERIC ROSEN 1116101 GRADETECH INC. 431 GRADETECH INC. 411 GRADETECH INC. 4119122 -001 GRADETECH INC. 4319122 -001 GRAINGER 1115301 GRAINGER 1115301 LASERFICHE SRVCS UNLEADED FUEL MNTHLY MTNC 2/20 -3/19 CITATION FEES 1/2013 INSTRUCTOR -GOLF REFUND ARB09 -0009 PAINT BGR WINDOW TRIM PAINTING THE MUSEUM BU PAINTING CORP YARD BUI REFUND 07 -239 INSTRUCTOR- HYPNOSIS RETENTION HELD PO #114 RETENTION HELD 20#114 CONTRACT AWARD HWY 9 S CONTRACT AWARD HWY 9 S PARKS SUPPLIES PARKS SUPPLIES GREGORIAN, AGNES 1116101 INSTRUCTOR -SALSA Z SALES TAX AMOUNT 0.00 749.48 0.00 309.00 0.00 29.63 0.00 238.93 0.00 268.56 0.00 271.00 0.00 500.00 0.00 586.36 0.00 1,180.00 0.00 1,825.00 0.00 643.14 0.00 2,468.14 0.00 45.80 0.00 4,290.38 0.00 87.50 0.00 100.00 0.00 636.48 0.00 1,240.00 0.00 4,500.00 0.00 11,725.00 0.00 4,700.00 0.00 20,925.00 0.00 4,126.38 0.00 124.20 0.00 - 2,810.51 0.00 - 312.28 0.00 6,245.58 0.00 56,210.24 0.00 59,333.03 0.00 63.38 0.00 274.66 0.00 338.04 0.00 444.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 02/27/2013 CITY OF SARATOGA ACCTPA21 TIME: 15:22:16 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130227 00:00:00.000' ACCOUNTING PERIOD: 8/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122228 02/27/13 470 11111 122228 02/27/13 470 11111 122228 02/27/13 470 TOTAL CHECK RPLC CK 121619 JOSON FENCE 11111 122229 02/27/13 488 11111 122229 02/27/13 488 TOTAL CHECK INSTRUCTOR- SOCCER JUST FOR KICKS 11111 122230 02/27/13 491 11111 122231 02/27/13 14 11111 122232 02/27/13 24 11111 122232 02/27/13 24 11111 122232 02/27/13 24 TOTAL CHECK 0.00 139.00 11111 122233 02/27/13 956 11111 122234 02/27/13 500 11111 122235 02/27/13 917 11111 122236 02/27/13 500 11111 122237 02/27/13 118 11111 122237 02/27/13 118 11111 122237 02/27/13 118 11111 122237 02/27/13 118 11111 122237 02/27/13 118 TOTAL CHECK 11111 122238 02/27/13 567 11111 122239 02/27/13 739 11111 122240 02/27/13 500 11111 122241 02/27/13 1062 11111 122242 02/27/13 131 11111 122242 02/27/13 131 TOTAL CHECK 11111 122243 02/27/13 135 11111 122243 02/27/13 135 TOTAL CHECK 11111 122244 02/27/13 912 11111 122244 02/27/13 912 11111 122244 02/27/13 912 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION GREGORIAN, AGNES 1116101 INSTRUCTOR -SALSA GREGORIAN, AGNES 1116101 INSTRUCTOR -SALSA GREGORIAN, AGNES 1116101 INSTRUCTOR -SALSA HOME DEPOT CREDIT SERVIC 1115201 STREETS SUPPLIES HOME DEPOT CREDIT SERVIC 1115301 PARKS SUPPLIES HUMAN BEHAVIOR ASSOCIATE 1113301 EAP SERVICES 1/13 HYDROTEC IRRIGATION EQUI 4139351 -001 PROSPECT CENTER LIGHT ICE CENTER OF CUPERTINO 1116101 INSTRUCTOR -ICE SKATE ICE CENTER OF CUPERTINO 1116101 INSTRUCTOR -ICE SKATE ICE CENTER OF CUPERTINO 1116101 INSTRUCTOR -ICE SKATE INDEPENDENT STATIONERS 1116101 OFFICE SUPPLIES JIM YANG 111 RPLC CK 121619 JOSON FENCE 1115301 FENCE RPR @ CONGRESS JUDY KONG 1116101 CLASS CANCELLED JUST FOR KICKS 1116101 INSTRUCTOR- SOCCER JUST FOR KICKS 1116101 INSTRUCTOR- SOCCER JUST FOR KICKS 1116101 INSTRUCTOR- SOCCER JUST FOR KICKS 1116101 INSTRUCTOR - SOCCER JUST FOR KICKS 1116101 INSTRUCTOR- SOCCER KANEN TOURS 1116101 LAFCO 4129281 -002 MARYANN STEELE 1116101 NI GOVERNMENT SERVICES, 1117102 NORMAN PAUL PRINT CTR 1114101 NORMAN PAUL PRINT CTR 1114201 EXCURSION 2/28/13 SARA SITE PREP DEP CLASS CANCELLED AIR TIME 1/13 BUSINESS CARDS BUSINESS CARDS NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES NORTHERN UNDERGROUND CON 4119111 -001 SIGAL DR CULVERT REPAI NORTHERN UNDERGROUND CON 4119111 -001 DRY WELL INSTALLATION NORTHERN UNDERGROUND CON 4119141 -002 DRY WELL INSTALLATION 29 SALES TAX AMOUNT 0.00 333.00 0.00 345.00 0.00 193.00 0.00 1,315.00 0.00 32.54 0.00 285.43 0.00 317.97 0.00 437.00 0.00 8,000.00 0.00 54.00 0.00 270.00 0.00 54.00 0.00 378.00 0.00 155.02 0.00 145.70 0.00 1,553.00 0.00 149.00 0.00 189.00 0.00 31.50 0.00 189.00 0.00 346.50 0.00 126.00 0.00 882.00 0.00 277.20 0.00 1,775.27 0.00 139.00 0.00 75.87 0.00 152.83 0.00 119.25 0.00 272.08 0.00 209.00 0.00 399.00 0.00 608.00 0.00 24,776.00 0.00 6,802.16 0.00 10,762.84 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 02/27/2013 CITY OF SARATOGA ACCTPA21 TIME: 15:22:16 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130227 00:00:00.000' ACCOUNTING PERIOD: 8/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- TOTAL CHECK 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 11111 122245 02/27/13 173 TOTAL CHECK 2745302 HORSESHOE DR LNDSCP 11111 122246 02/27/13 180 11111 122247 02/27/13 1092 11111 122247 02/27/13 1092 11111 122247 02/27/13 1092 11111 122247 02/27/13 1092 11111 122247 02/27/13 1092 TOTAL CHECK 11111 122248 02/27/13 259 11111 122249 02/27/13 561 11111 122249 02/27/13 561 TOTAL CHECK 11111 122250 02/27/13 393 11111 122251 02/27/13 87 11111 122252 02/27/13 729 11111 122252 02/27/13 729 11111 122252 02/27/13 729 TOTAL CHECK 11111 122253 02/27/13 147 11111 122253 02/27/13 147 TOTAL CHECK 11111 122254 02/27/13 154 11111 122254 02/27/13 154 11111 122254 02/27/13 154 11111 122254 02/27/13 154 11111 122254 02/27/13 154 11111 122254 02/27/13 154 - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION PACIFIC GAS & ELECTRIC 6246202 BUILDINGS PACIFIC GAS & ELECTRIC 1115201 TRAFFIC SIGNALS PACIFIC GAS & ELECTRIC 1115301 PARKS /OPEN SPACE PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING PACIFIC GAS & ELECTRIC 2325302 AZULE LIGHTING PACIFIC GAS & ELECTRIC 2335302 SARAHILLS LIGHTING PACIFIC GAS & ELECTRIC 2515302 MCCARTYSVILLE PACIFIC GAS & ELECTRIC 2525302 PRIDES CROSSING PACIFIC GAS & ELECTRIC 2555302 TRICIA WOODS PACIFIC GAS & ELECTRIC 2715302 BEAUCHAMPS PACIFIC GAS & ELECTRIC 2725302 BELLGROVE CIRCLE PACIFIC GAS & ELECTRIC 2745302 HORSESHOE DR LNDSCP PACIFIC GAS & ELECTRIC 2755302 QUITO LIGHTING PACIFIC GAS & ELECTRIC 1115201 CITY WIDE STREET LGTS PACIFIC PRODUCTS & SERVI 4119111 -001 PALACE ART & OFFICE SUPP 1114101 PALACE ART & OFFICE SUPP 1112101 PALACE ART & OFFICE SUPP 1114101 PALACE ART & OFFICE SUPP 1114201 PALACE ART & OFFICE SUPP 1114101 PLAYGROUNDS UNLIMITED 1115301 RBF CONSULTING 4349451 -001 RBF CONSULTING 4349451 -001 REED & GRAHAM, INC 4119111 -001 SAN JOSE WATER COMPANY 1115301 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 STREETS SUPPLIES RETURN OFC SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES RAMP FOR PLAYBOX CONTRACTOR UPDATING SA CONTRACTOR UPDATING SA STREETS SUPPLIES PARKS /OPEN SPACE INSTRUCTOR -DANCE INSTRUCTOR -DANCE INSTRUCTOR -DANCE SHIMODA MICHIKO 5,181.69 1116101 INSTRUCTOR - IKEBANA SHIMODA MICHIKO 499.23 1116101 INSTRUCTOR - IKEBANA SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN COM DEV SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN COUNCIL MTGS SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN PUBLIC WORKS SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN CITY CLERK SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN CITY MANAGER SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN WESTLAW 30 SALES TAX AMOUNT 0.00 42,341.00 0.00 5,181.69 0.00 1,159.59 0.00 499.23 0.00 2,722.70 0.00 242.28 0.00 254.35 0.00 20.36 0.00 25.75 0.00 10.18 0.00 45.96 0.00 403.52 0.00 10.18 0.00 1,127.41 0.00 720.47 0.00 12,423.67 0.00 1,664.70 0.00 - 139.75 0.00 60.25 0.00 69.97 0.00 21.00 0.00 172.72 0.00 184.19 0.00 1,200.00 0.00 7,275.00 0.00 9,285.75 0.00 16,560.75 0.00 70.06 0.00 100.47 0.00 227.70 0.00 69.00 0.00 69.00 0.00 365.70 0.00 185.00 0.00 111.00 0.00 296.00 0.00 4,177.80 0.00 2,316.60 0.00 4,276.80 0.00 1,920.60 0.00 118.80 0.00 43.13 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 02/27/2013 CITY OF SARATOGA ACCTPA21 TIME: 15:22:16 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130227 00:00:00.000' ACCOUNTING PERIOD: 8/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 122254 02/27/13 154 11111 122254 02/27/13 154 11111 122254 02/27/13 154 11111 122254 02/27/13 154 11111 122254 02/27/13 154 TOTAL CHECK 1118201 DEFEND CITY 11111 122255 02/27/13 1079 11111 122255 02/27/13 1079 TOTAL CHECK 0.00 5,390.00 11111 122256 02/27/13 160 11111 122257 02/27/13 236 11111 122257 02/27/13 236 TOTAL CHECK 0.00 375.00 11111 122258 02/27/13 884 11111 122258 02/27/13 884 TOTAL CHECK 0.00 36.93 11111 122259 02/27/13 826 11111 122260 02/27/13 266 11111 122260 02/27/13 266 TOTAL CHECK 11111 122261 02/27/13 308 11111 122261 02/27/13 308 TOTAL CHECK 11111 122262 02/27/13 343 11111 122263 02/27/13 500 11111 122264 02/27/13 976 11111 122265 02/27/13 396 11111 122266 02/27/13 395 11111 122266 02/27/13 395 11111 122266 02/27/13 395 11111 122266 02/27/13 395 11111 122266 02/27/13 395 11111 122266 02/27/13 395 11111 122266 02/27/13 395 11111 122266 02/27/13 395 11111 122266 02/27/13 395 11111 122266 02/27/13 395 TOTAL CHECK 11111 122267 02/27/13 439 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ----- DESCRIPTION - - - -- SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN CODE ENFORCE SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN REIMB EXP SHUTE MIHALY & WEINBERGE 1118201 CTY ATTN REC /RSK MGMT SHUTE MIHALY & WEINBERGE 1118201 DEFEND CITY SHUTE MIHALY & WEINBERGE 4319152 -002 QUITO RD BRIDGES SIEMENS INDUSTRY, INC. 1115201 SIEMENS INDUSTRY, INC. 4119111 -001 SIERRA PACIFIC TURF SUPP 1115301 SOLECTRIC ELECTRICAL 1115301 SOLECTRIC ELECTRICAL 1115301 STAPLES CONTRACT & COMME 1112101 STAPLES CONTRACT & COMME 1112101 STEFAN BAUMANN 1116101 SUNGARD PUBLIC SECTOR IN 6223201 SUNGARD PUBLIC SECTOR IN 6223201 TRAFFIC SIGNALS AND LI TRAFFIC SIGNALS AND LI SURFACE MOUND CLAY CONGR SPRINGS REPAIR VERIFY PG &E POWERFAIL OFFICE SUPPLIES OFFICE SUPPLIES INSTRUCTOR- PAINTING SUNGARD PLUS SERIES AN HTE ASP ANNUAL SUPPORT TESTING ENGINEERS 4119122 -001 TESTING AND INSPECTION TESTING ENGINEERS 4319122 -001 TESTING AND INSPECTION TMT ENTERPRISES INC 1115301 TOM & MEGAN RUMZIE 111 URBAN TREE MANAGEMENT IN 1115301 US POSTMASTERS 1116101 VERIZON WIRELESS 1112101 VERIZON WIRELESS 1112201 VERIZON WIRELESS 1113101 VERIZON WIRELESS 6223201 VERIZON WIRELESS 1114201 VERIZON WIRELESS 1114101 VERIZON WIRELESS 1115201 VERIZON WIRELESS 1115301 VERIZON WIRELESS 1115101 VERIZON WIRELESS 6246202 XEROX CORPORATION 6213102 31 CANDLESTICK PARK REFUND 06 -302 APPLY COMPOST @BLANEY POSTAGE CITY MANAGER CITY CLERK FINANCE IT SERVICES BUILDING & INSPECTION DEVELOPMENT SERVICES STREETS PARKS GENERAL ENG BUILDING MAINTENANCE S /N: RYU427159 MAINTEN SALES TAX AMOUNT 0.00 277.20 0.00 14.97 0.00 138.60 0.00 14,785.96 0.00 306.00 0.00 28,376.46 0.00 1,425.00 0.00 1,614.37 0.00 3,039.37 0.00 403.54 0.00 190.00 0.00 142.50 0.00 332.50 0.00 204.95 0.00 2.81 0.00 207.76 0.00 1,522.50 0.00 5,390.00 0.00 394.00 0.00 5,784.00 0.00 79.30 0.00 713.70 0.00 793.00 0.00 1,339.43 0.00 2,702.10 0.00 375.00 0.00 200.00 0.00 0.17 0.00 1.36 0.00 51.78 0.00 59.66 0.00 36.93 0.00 36.93 0.00 116.75 0.00 143.41 0.00 36.76 0.00 110.28 0.00 594.03 0.00 17.98 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 02/27/2013 CITY OF SARATOGA ACCTPA21 TIME: 15:22:16 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130227 00:00:00.000' ACCOUNTING PERIOD: 8/13 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 122267 02/27/13 439 TOTAL CHECK 11111 122268 02/27/13 728 11111 122269 02/27/13 500 11111 122270 02/27/13 696 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT XEROX CORPORATION 6213102 YOKE, JIM 1117102 YONG K PAK 111 ZAG TECHNICAL SERVICES, 6223201 32 ----- DESCRIPTION - - - - -- SIN: RYU272971 MAINTEN MRC MEETING REFUND ARB11 -0046 IT SUPPORT SERVICES - SALES TAX AMOUNT 0.00 17.98 0.00 35.96 0.00 44.95 0.00 3,140.00 0.00 25.00 0.00 238,181.60 0.00 238,181.60 0.00 238,181.60 SARATOGA CITY COUNCIL MEETING DATE: March 6, 2013 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DIRECTOR: Mary Furey SUBJECT: Treasurer's Report for the Month Ended January 31, 2013 RECOMMENDED ACTION Review and accept the Treasurer's Report for the month ended January 31, 2013. REPORT SUMMARY California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2 -20, Section 2- 20.035 designates the City Manager as the City Treasurer. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial transaction data for the City of Saratoga's Funds collectively as well as specifically for the City's General (Operating) Fund, including an attachment from the State Treasurer's Office of Quarterly LAIF rates from the 1St Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of January 31, 2013, the City had $235,649 in cash deposit at Comerica bank, and $15,369,181 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of January 31, 2013 is $15,604,830 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank $ 235,649 Deposit with LAIF $ 15,369,181 Total Unrestricted Cash $ 15,604,830 33 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance — which represents the actual amount of funds available. Adjusting Cash to Ending Fund Balance Total Unrestricted Cash $ 15,604,830 Plus: Assets 371,354 Less: Liabilities (1,278,617) Ending Fund Balance $ 14,697,567 Fund Balances Designations In February 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This standard left unchanged the total amount reported as fund balance, but substantially altered the categories and terminology used to describe its components. The new categories and terminology focus, not on financial resources available for appropriation, but on the extent to which the government is bound to honor constraints on the specific purpose for which the amounts in the fund can be spent. The components of fund balance are now categorized as follows: "non- spendable fund balance ", resources that are inherently non - spendable from the vantage point of the current period; "restricted fund balance ", resources that are subject to external enforceable legal restrictions; "committed fund balance ", resources whose use is constrained by limitations that the government imposes upon itself at its highest level of decision making and remain binding unless removed in the same manner; "assigned fund balance ", resources that reflects a government's intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and "unassigned fund balance ", net resources in excess of what can properly be classified in one of the other four categories. Currently, the City's fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 34 ATTACHMENTS A — Change in Total Fund Balances by Fund under GASB 54 B — Change in Total Fund Balances by CIP Project C — Change in Cash Balance by Month D — Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 35 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 36 Fund Increase/ Balance (Decrease) Current Current Fund Balance FtndDescri 'on 7/1/12 Jul - Dec Revenue Expenditure Transfers 1/31/13 General Fund Restricted Fund Balances: Environmental Services 513,182 - - - - 513,182 Committed Fund Balances: Hillside Stability 600,000 - - - 600,000 Assigned Fund Balances: Capital Projects 1,923,658 - - - (635,000) 1,288,658 Canyforwards 247,201 - - - - 247,201 Unassigned Fund Balances: Operations 2,914,426 - - - - 2,914,426 Economic Uncertainty 1,500,000 - - - - 1,500,000 Development Services 667,233 - - - - 667,233 Uncollected Deposits 44,791 - - - - 44,791 OtherUnassi ned 518,631 (1,367,387) 3,265,285 1,162,800 6,000 1,259,730 General FtndTotal 8,929,122 (1,367,387) 3,265,285 1,162,800 (629,000) 9,035,221 Special Revenue Landscape /Lighting Districts 562,504 (105,556) 192,739 15,074 - 634,613 Capital Project Street Projects 1,701,512 (147,351) 72,966 28,664 150,000 1,748,464 Park and Trail Projects 621,118 (35,206) - (122) 300,000 886,035 Facility Improvement Projects 493,709 (280,704) 11,668 41,307 200,000 383,366 Administrative Projects 129,400 (15,842) - 5,999 85,000 192,559 Tree Fund 34,345 1,120 17,342 - - 52,808 CIP Grant Street Repair Projects 466,818 (325,999) 479,242 488,589 - 131,471 CIP Grant Park & Trail Projects - (410,300) - 780 - (411,080) CIP Grant Facility - (900) 1,143 243 - - CIP Grant Administrative Projects - (55,407) - 37,261 - (92,668) Gas TaxFund 97,305 235,697 130,029 - (106,000) 357,031 Debt Service Library Bond 862,414 (654,225) 493,344 204,893 - 496,642 Internal Service Fund Liability /Risk Management 134,757 (53,005) 5,555 4,992 - 82,315 Workers Compensation 231,966 31,134 1,052 41,475 - 222,676 Office Support Services Fund 11,220 9,652 809 3,589 - 18,093 Information Technology Services 256,701 3,333 - 21,206 - 238,827 Equipment Maintenance 23,031 2,656 - 18,155 - 7,533 Building Maintenance 200,926 7,696 182 61,411 - 147,392 Equipment Replacement 437,088 (41,647) - 748 - 394,693 Technology Replacement 156,760 20,546 - 5,729 - 171,577 Total City 15,350,696 (3,181,693) 4,671,356 2,142,791 - 14,697,567 36 ATTACHMENT B FUND BALANCES BY CIP PROJECT 37 Fund Increase/ Fund Balance (Decrease) Current Current Balance CIP Funds /Projects 7/1/12 Jul - Dec Revenue Expenditure Transfers 1/31/13 Street Projects Annual Street Resurfacing 295,612 99,407 69,072 18,530 - 445,560 Street Restriping & Signage 123,434 (84,616) - 3,728 - 35,090 Roadway Safety & Traffic Cahrvng 149,755 (17,525) - 322 50,000 181,908 Solar Power Radar Feedback Signs 12,912 (7,660) - 2,700 - 2,551 Highway 9 Safety Project -Phase II (Ped Paths) 76,528 15,169 - 903 - 90,793 Highway 9 Safety Project- Phase III (Bicycles) 24,562 (49) - - - 24,513 Highway 9 Safety Project - Phase IV 90,000 - - - - 90,000 Fruitvale Ave Medians 90,000 (4,585) 3,894 - - 89,310 Village LID Streetlights 5,482 - - - - 5,482 Annual Sidewalks Project 3,839 (15,614) - - 50,000 38,225 Annual Storm Drain Upgrades 13,149 (52,385) - - 50,000 10,764 El Quito Area Curb Replacement 37,553 - - - - 37,553 Village- Streetscape Improvements 221,120 (67,608) - - - 153,513 Village-Phase It Design 27,236 (6,808) - - - 20,428 Village -Phase H Construction 224,300 (2,949) - - - 221,391 Fourth Street Bridge 100,000 - - - - 100,000 Quito Road Bridge Replacement Design 107,287 (2,128) - 2,481 - 102,678 Underground Project 98,744 98,744 Total Street Projects 1,701,512 (147,351) 72,966 28,664 150,000 1,748,464 Parks & Trails Park/Trail Repairs 22,459 (8,228) - - - 14,230 Playground Safety Equipment 20,078 - - - - 20,078 Park Restmom Improvements 57,589 - - - - 57,589 Blaney Plaza Improvements 6,527 - - - - 6,527 Hakone Garden Matching Funds 250,000 - - - - 250,000 Hakone Carden Retaining Wall &D /W 137,379 - - - - 137,379 Hakone Carden Upper Moon House 125,000 - - - - 125,000 Ravenswood Playground Improvement 2,086 (1,855) - - - 231 Saratoga Village Creek Trail Design - (122) - (122) - - Saratoga to Sea Quarry Master Plan 25,000 300,000 275,000 Total Parks &Trails 621,118 (35,206) - (122) 300,000 886,035 Facility Improvements Facility Projects 108,413 - - - 67,833 176,246 Security Locks - - - - 40,000 40,000 Electric Charging Stations 43,400 (47,287) - - - (3,887) City Hall Emergency Power Backup 43,232 (8,500) - - 60,000 94,732 City Hall Emergency EVAC Plan Sign - (2,228) - 1,485 - (3,713) City Hall Cool Roof Project - (18,864) - - - (18,864) CDD /Engineering - Carpet - (5,795) - - - (5,795) HVAC Unit #3 - (36,309) - - - (36,309) Theater Improvement 35,529 9,814 5,418 14,688 - 36,073 WHH Furniture &.Equipment - (413) - 374 - (787) Senior Center Furniture and Fic-dure - (1,135) - - - (1,135) Saratoga Prospect Center Bldg & Site Improvements 113,452 (5,780) - 16,768 - 90,904 BGR HVAC Improvements - (35,067) - - 32,167 (2,900) Museum Electrical Upgrade 12,468 (12,895) - - - (427) Museum HVAC Unit Replace - - - 7,992 - (7,992) McWilliams House Improvements 4,435 - - - - 4,435 Library Building Exterior Maintenance Projects 13,870 - 5,000 - - 18,870 Library Improvements 118,910 (116,245) 1,250 3,915 Total Facility Irprovements 493,709 (280,704) 11,668 41,307 200,000 383,366 Administrative Projects Financial System Upgrade 3,534 - - - 10,000 13,534 PW Document Imaging Project 73,607 (3,641) - - 69,966 CDD Document Imaging Project 22,121 - - - - 22,121 CMO Document Imaging Project 9,510 (494) - 999 - 8,017 IT Emergency Power Backup - (1,500) - - - (1,500) Village Facade Program 20,628 (6,807) - 5,000 - 8,821 Business Development Incentive Program - (3,400) - - 25,000 21,600 Risk Management Project Funding 50,000 50,000 Total Administrative Projects 129,400 (15,842) - 5,999 85,000 192,559 Tree Fund Citywide Tree Planting Program 11,096 1,120 17,342 - - 29,558 Tree Dedication Program 21,375 - - - - 21.,375 SMSCF Tree Donation Program 1,875 1,875 Total Tree Fund 34,345 1,120 17,342 - - 52,808 CIP Grant Street Repair Projects 466 ,818 (325,999) 479,242 488,589 - 131,471 CIP Grant Park & Trail Projects - (410,300) - 780 - (411,080) CIP Grant Facility - (900) 1,143 243 - - CIP Grant Administrative Projects - (55,407) - 37,261 - (92,668) Gas Tax Fund 97,305 235,697 130,029 - (106,000) 357,031 Total CH? Funds 3,544,207 (1,034,891) 712,390 602,721 629,000 3,247,986 37 ATTACHMENT C CASH BALANCE BY MONTH Cash Balance $20,040,400 $15,000,400 $10,000,000 $ 5,400,000 $0 April -12 May -12 funs -12 July -12 August -12 September -12 October -12 November -12 December -12 January-13 i ATTACHMENT D Local Agency Investment Fund Quarterly Apportionment Rates 1977 March 5.68 June 5.78 September 5.84 December 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 1 0.381 0.361 0.351 0.32 39 SAR,g�O ' 7 SARATOGA CITY COUNCIL I:Y$(i '44, 14" MEETING DATE: March 6, 2013 AGENDA ITEM: Consent DEPARTMENT: Recreation & Facilities PREPARED BY: Michael Taylor CITY MANAGER: Dave Anderson DIRECTOR: Michael Taylor SUBJECT: City of Saratoga Community Garden Plots Rules and Policy RECOMMENDED ACTION: Staff recommends that Council accept this report and adopt the updated Community Garden Plots Rules and Policy. BACKGROUND: Since the turn of the century, community gardens have attracted urban dwellers looking for a place to grow their own produce. While these gardens are commonly built to provide residents with the opportunity to grow produce inexpensively, community gardens have also served as a way to build a stronger sense of community. The City of Saratoga owns and manages one community garden — the El Quito Community Garden, which is located at El Quito Park near the Westhope Church parking lot. The garden, managed by the City of Saratoga, has 17 plots. The plots in this garden are renewed annually. The average size of each plot is —980 square feet ('28' x 35'). The cost for each plot is $85, with a reduced rate for seniors (55 and older) of $60, plus $160 for water, each year (January 1 to December 31). The total revenue for this program is about $3,500. In October 2012, a member of the City's Community Garden at El Quito Park voiced concerns at a City Council meeting regarding a conflict with fellow community gardeners. As a result, the Mayor asked the City Manager to look into the matter and bring forward a revised set of rules and regulations for the Community Garden. Additionally, staff was directed to include provisions in the updated rules and regulations that encouraged greater participation by Saratoga residents and address the issue raised during the City Council meeting. REPORT SUMMARY: In reviewing the existing Community Garden rules and policy, staff found a number of weaknesses. In particular, the existing rules do not adequately address inappropriate behavior, such as threatening another gardener or intentionally damaging another gardener's plots. The revised rules and regulations more clearly outline garden rules and expectations of gardeners, as well as how the City will enforce regulations. W The proposed rules and regulations also establish a priority for how garden plots will be leased. Plots leases are renewed annually. Leases will be issued based on the following priority categories: PRIORITY 1 Existing Gardeners — Saratoga Residents The leases of existing gardeners who live in Saratoga will be renewed before leases of any other gardeners are renewed or issued. PRIORITY 2 Existing Gardeners — Non - Residents (Expires January) Until January 2016, the leases of existing gardeners who are not Saratoga residents will be renewed before leases are issued to new gardeners. In January 2016, new gardeners who reside in Saratoga will receive plots before existing gardeners who do not live in Saratoga. PRIORITY 3 New Gardeners — Saratoga Residents After leases of existing gardeners are renewed, plots will be leased to new gardeners who are Saratoga residents. Starting January 2016, new gardeners who live in Saratoga will be issued plot spaces before existing gardeners who are non - residents. PRIORITY 4 New Gardeners — Non - Residents Applications from new gardeners who are non - residents will be considered if there are plots remaining after plots have been issued to existing gardeners and new gardeners from Saratoga. Starting in January 2016, existing gardeners who are non - residents will receive the same prioritization as new gardeners who are non - residents. City staff met with the members of the El Quito Community Garden on January 31, 2013 at 6:00 p.m. at Saratoga City Hall to review the proposed rules. Input and suggestions from the meeting were received and presented to the Parks and Recreation Commission during its meeting on February 5, 2013. The Commission approved the updated Rules and Policy and recommended Council adopt the revised rules. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: 10a FOLLOW UP ACTION: Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: 41 Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A — Proposed El Quito Community Garden Rules and Regulations Attachment B — Current El Quito Community Garden Rules and Regulations 42 Attachment A PROPOSED EL QUITO PARK COMMUNITY GARDENS RULES AND REGULATIONS These rules and regulations for the El Quito Park Community Gardens are intended to promote health and safety as well as the help advance the strong sense of community that exists in the Gardens. The City Council approved the rules and regulations on For ease of understanding, the word "Gardener" means any person with a license to use a plot in the El Quito Park Community Gardens or a person using the gardens on behalf of a plot holder. The "Garden Administrator" is a person designated as such by the City's Recreation Department Director. 1. Quality Garden Plots. The El Quito Community Gardens are an important community asset. Gardeners are expected to keep their plots productive and attractive at all times and are expected to actively maintain their plot in keeping with the Community Garden's high standards including: A. All plots must show evidence of active gardening, digging, sowing, planting, weeding, pruning, watering, harvesting, etc. once a week during the growing season. B. Only flowers, fruits, vegetables and herbs may be grown in the plots. Any trees planted already should be regularly pruned to assure that they do not shade others' crops. Animal husbandry is not permitted. C. Produce from the gardens is to be used for personal consumption or sharing and not as a commercial commodity. D. All plots must be kept free of debris, weeds, and produce rotting on the vine. E. Large piles of clippings, garden waste, etc. are to be removed immediately and properly disposed (e.g., not to be left outside the gate). F. Only organic gardening techniques and fertilizers may be used. All pesticides must be non -toxic to humans and animals. Any deviation must be reviewed and approved by the Garden Administrator. G. Trellises and or structures of any kind may not exceed six feet in height and must be cleared of any non producing annuals after the plant stops producing. H. All plants and vines must be contained within the garden plot. I. Gardeners shall respect the need of all plots for sunlight. Tall crops shall not be planted in a way that will cause excessive shading to nearby plots. J. Fencing around individual plots is not permitted. K. Gardeners must supply their own tools and irrigation devices. 2. Quality Common Areas. The quality of the El Quito Community Gardens depends on strong stewardship of the common areas as well as the individual plots. Adopted by City Council on 43 Revised 02 -05 -2013 Attachment A A. Common areas are maintained as a shared responsibility by all Gardeners. Gardeners are expected to donate time for the general upkeep of the common areas of the Garden. B. Common areas may not be used as growing areas and gardeners are responsible for assuring that the common areas and paths surrounding their plots remain clear at all times. A gardener causing ruts or damage to the common areas (including paths) is responsible for repairing that damage. C. Water is a precious community resource. It should be used only when needed and not to excess, and should not run off into other plots. Gardeners must turn off all watering systems when their plot is unattended and are required to stay in the vicinity of their plot while watering. Gardeners are encouraged to shut off any other gardener's watering system when it is left unattended. It is each gardener's responsibility to periodically check hoses and connections for leaks and all hoses must have automatic shut -off devices. The use of drip systems is recommended to conserve water. D. Each gardener will be issued a combination access for the lock on the gate. The combination lock is confidential and should not be shared with anyone other than another gardener. The gate must be locked when the garden is unoccupied. If you are the last to leave the garden, please be sure that your water is shut off and that the entrance gate is securely locked. 3. Quality Community. Saratoga values the community created by the El Quito Community Gardens. Each gardener shall be considerate of fellow gardeners and shall not engage in any activity that is detrimental to others. Each gardener will ensure that the community garden is safe. Each gardener will ensure that the garden remains a pleasant place to be and to look at for gardeners, neighbors and the general public. Gardeners are encouraged to share tools. Each gardener will strive to establish fairness and equity amongst their fellow gardeners and lastly, will observe proper behavior while at the garden. A. Encouraged Behaviors: 1. Sharing of tools, equipment, produce, or plants; 2. Friendly, cooperative activities; 3. Pleasant conversation with other Gardeners; and 4. Compliance with the letter and spirit of these El Quito Community Gardens Rules and Regulations. B. Discouraged Behaviors: 1. Rudeness; 2. Hostile language or tone; 3. Violation of any of the El Quito Community Gardens Rules and Regulations or any provision of the City Code; 4. Abandonment or neglect of plot 5. Use of unapproved chemicals Adopted by City Council on 2 Revised 02 -05 -2013 .. Attachment A 6. Attracting rodents and other pests to the Gardens and 7. The use of tobacco, alcoholic beverages, or illegal drugs of any kind, in any area of the City's Community Garden. C. Prohibited Behaviors: I. Theft of tools, equipment, produce, or plants; 2. Vandalism of tools, equipment, and City Property; 3. The use of foul language or offensive behavior toward another person including, but not limited to, threats, intimidation, violence, racial /ethnic slurs and sexual harassment; 4. Assault or Battery; 5. Display of any firearms or weapons; 6. Damaging the plot or plants of another Gardener; and 7. Any other similarly egregious behavior. 4. Program Administration. In order to administer the El Quito Community Gardens in an orderly and efficient manner the following procedures shall apply: A. Plots are assigned for use one year at a time, from January 1 through December 31. The person whose signature appears as the Primary Gardener on the application form is ultimately responsible for the garden plot and for payment of all fees and charges. Gardeners do not have any ownership interest in the plots and may not transfer a plot to anyone else, including family and friends. A gardener and any person assisting a gardener may not garden more than one garden plot. Only one plot per household is allowed. B. Persons wishing to be assigned a plot and gardeners wishing to continue use of a plot must file an application and fees no later than December 1. C. An annual plot license fee is determined by the City Council each year and is assessed to all gardeners. In addition to the license fee, the City will recover the full cost of the water from the previous year which will be added to the fee. The water cost will be allocated equally over all plots. Gardeners may not begin gardening until their annual fee has been paid in full. The fee is not transferable or refundable. D. Plots are assigned in the following order of priority: 1. Existing gardeners who are Saratoga residents; 2. Existing gardeners who are not Saratoga residents for up to three years from (a) January 1, 2013 or (b) the year in which they left Saratoga whichever is later, after which time they shall be classified in priority group 4; 3. Saratoga residents who are not existing gardeners; and 4. Non - Saratoga residents who are not existing gardeners and not grandfathered in priority group 2. If there are more applications than there are plots, persons not receiving a plot will be placed on a waiting list. Priority among applicants on the waiting list will be based first on residency status and second on the length Adopted by City Council on 3 Revised 02 -05 -2013 45 Attachment A of time on the waiting list. A Saratoga resident is a person who resides in the City of Saratoga. Relocation of garden plots will be by seniority in the garden. 5. Enforcement of Rules and Regulations. These rules and regulations will be administered and enforced by the Garden Administrator. In the event of non- compliance with any of these rules and regulations, the following procedure will be followed: A. If the gardener has engaged in discouraged behavior (see item 3.B, above) the gardener will be issued a written warning by the Garden Administrator. At the end of a two week period, if the problem has not been resolved, the plot license will be revoked. In addition, in the event a gardener engages in any discouraged behavior at any time within 12 months of receiving a written warning the gardener will be notified and the plot license will be immediately revoked. B. Gardeners may appeal any action to the Recreation Director in writing within 14 days of the notice of action. The Director's decision shall be final. C. If the gardener has engaged in any prohibited behavior (see item 3.C, above), the gardener will be will be notified and the plot license will be immediately revoked. 446621.4 Adopted by City Council on 4 Revised 02 -05 -2013 Attachment B �5 LL i Y - EL QUITO PARK COMMUNITY GARDENS RULES AND REGULATIONS 1. All plots must be maintained in an acceptable manner, kept free of debris and weeds. Gardeners are responsible for assuring that the paths surrounding their plots remain completely clear at all times. Large piles of clippings, weeds, etc. are to be removed immediately and are not to be left outside the gate. 2. Organic gardening techniques and fertilizers should be used. All pesticides must be non -toxic to humans and animals. Any deviation must be reviewed and approved by the Garden Plot Administrator. 3. Should a plot be deemed neglected or abandoned, the plot holder will be notified and given 15 days to take action or to make other arrangements or their fees and plot will be forfeited. Neglected refers to no weed control, produce rotting on the vine and in general, being an eyesore. 4. Plot holders should donate time for the general upkeep of the Garden. Anyone causing ruts or damage to the common areas is responsible for repairing that damage. 5. Trellises must be kept no higher than five feet. Plantings which attach to the perimeter fences are not permitted. Fencing around individual plots is not permitted. 6. Plot holders will supply their own tools and irrigation devices. It is each gardener's responsibility to periodically check hoses and connections for leaks. All hoses must have automatic shut -off devices. 7. Water should be used only when needed and not to excess, and should not run off into other plots. Gardeners are asked to turn off all watering systems when plots are unattended and are required to stay in the vicinity of their plots while watering. Gardeners are encouraged to shut off any other gardener's watering system if it is left unattended. The use of drip systems are recommended to conserve water. Adherence to ordinances on water rationing hours and restrictions, when in effect, is mandatory. 8. Produce from the gardens is to be used for individual consumption and not as a commercial commodity. Revised 07 -01 -2011 47 Attachment B 9. Only flowers, fruits, vegetables and herbs may be grown in the plots. Any trees planted already should be removed or pruned to assure that they do not shade others' crops. Animal husbandry is not permitted. 10. Each gardener shall be considerate of fellow gardeners and shall not engage in any activity that is detrimental to others. 11. Each plot holder will be issued a key or the combination for the lock to the gate which must be returned at the conclusion of the rental agreement period. 12. No more than one plot per individual or family shall be allowed unless there is an excess of plots, and is approved by the Administrator. This excess will be determined each year once all the applications have been reviewed and the plots assigned, which time additional plots may be allotted. 13. Plots are issued on a first -come, first- served basis each year allowing Saratoga residents first priority over non - residents. A resident is defined as someone who resides in the City of Saratoga, either owning or renting their personal /primary residence. First priority will be given to existing gardeners wishing to retain their original plots and to those who wish to relocate in the garden; second priority to Saratoga residents; and third priority to non - residents. Priority among gardeners would be based on the length of time which a resident remained on the official waiting list. 14. Gardeners agree to abide by the rules and regulations of the Community Garden Plot Program and will forfeit all fees paid and the right to continued use of a plot if a violation occurs. In the event of non - compliance with any of the rules and regulations, the following procedure will be followed: a) The gardener will be issued a written warning. b) At the end of a two week period, if the problem has not been resolved, the plot will be reassigned to the next person on the waiting list. c) Gardeners may appeal any action to the Parks & Recreation Commission in writing within 30 days of the notice of action. The Commission will agendize the appeal for the next regularly scheduled meeting and shall thereafter render a decision. The Commission's decision shall be final. 15. An annual plot rental fee will be assessed to all gardeners. In addition to the fee, the City will recover the full cost of the water from the previous year which will be added to the fee as seen in the application. A gardening year is from January 1St through December 31St. Gardeners may not begin gardening until their annual fee has been paid in full. The rental fee is not transferable. A new application and fees are due during January. Revised 07 -01 -2011 ;� u� SAk�gTO 4 � SARATOGA CITY COUNCIL �LZrouti MEETING DATE: March 6, 2013 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director SUBJECT: Landscaping & Lighting Assessment District LLA -1; Resolutions initiating renewal of the District for FY 13 -14. RECOMMENDED ACTION(S): 1. Move to adopt the Resolution describing improvements and directing preparation of the Engineer's Report. 2. Move to adopt the Resolution appointing the Attorneys for the District. REPORT SUMMARY: Attached are two Resolutions the City Council must adopt to initiate the annual process of renewing the Landscaping & Lighting Assessment District LLA -1 for the upcoming fiscal year beginning on July 1. A brief summary of each Resolution is as follows: Resolution describing improvements and directing preparation of the Engineer's Report - This is the Resolution required under Streets & Highways Code Section 22622 to initiate the annual renewal process for the existing assessment district for the ensuing fiscal year. The Resolution references the proposed improvements to be provided by the district (Exhibit A), and directs the preparation of the Engineer's Report required under S &H Code Section 22565. 2. Resolution appointing Attorneys - This Resolution appoints the City Attorney's office as the attorneys for the District throughout the renewal process, and limits their fees in connection with this work to $500. The provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted by the State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective on July 1, 1997, will be implemented during the renewal process if necessary. Procedurally this means that assessment ballots will be mailed to those property owners within the District whose initial proposed assessments are either 1) higher than in any previous year and who have not previously voted on their assessments, or 2) higher than what was authorized via balloting conducted in a previous year. As in previous years, ballots will be separately tabulated at the close of the Protest Hearing for each Zone that may be voting. Only those ballots returned Pagel of 3 99 by the close of the Protest Hearing will count towards determining whether a majority protest exists. The following sets forth the tentative schedule for renewing the District for FY 13 -14: March 6 - Council adopts Resolutions directing preparation of Engineer's Report and appointing Attorneys. April 17 - Council receives Engineer's Report. Council adopts Resolution of Intention preliminarily approving Engineer's Report and assessments and setting date and time for Protest Hearing. April 26 - Notices with Proposition 218 ballots mailed to property owners, if required. May 1 - Notice of Protest Hearing published in Saratoga News. May 15 - Notice of Protest Hearing published in Saratoga News. June 5 - Council conducts Protest Hearing per Gov't. Code Sec. 53753. Ballots are tabulated at the close of the Hearing., if appropriate. Council adopts Resolution confirming assessments for FY 13 -14. June 19 - Backup date if needed. August 10 - Deadline for Engineer to transmit Assessment Roll to County Auditor. FISCAL IMPACTS: The costs associated with administering the Landscaping & Lighting Assessment District are recovered via the assessments levied against the properties, which receive special benefit from the services provided through the District. A detailed analysis of the proposed financing for the District in FY 13 -14 will be provided in the Engineer's Report. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): One or both of the Resolutions would not be adopted. This would delay initiating the process to renew the District for FY 13 -14. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Work on the Engineer's Report will begin. Page 2 of 3 50 ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time. Eventually, notices and ballots will be mailed to certain property owners as required by law. Additionally, notices will be published in the Saratoga News as required. This item was posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on -line by opting in at www.saratoga.ca.us ATTACHMENTS: 1. Resolution describing improvements and directing preparation of the Engineer's Report. 2. Resolution appointing Attorneys. Page 3 of 3 51 RESOLUTION NO. A RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2013 -2014 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: 1. The City Council did, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, conduct proceedings for the formation of the City of Saratoga Landscaping and Lighting Assessment District LLA -1 and for the levy and collection of assessments for fiscal year 1980 - 1981, and did, on June 18, 1980, pursuant to proceedings duly had, adopt its Resolution No. 950 - D, a Resolution Overruling Protests and Ordering the Formation of an Assessment District and the Improvements and Confirming the Diagram and Assessments; 2. The public interest, convenience and necessity require, and it is the intention of said Council to undertake proceedings for the levy and collection of assessments upon the several lots or parcels of land in said District, for the construction or installation of improvements, including the maintenance or servicing, or both, thereof, for the fiscal year 2013- 2014. 3. The improvements to be constructed or installed, including the maintenance or servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 4. The costs and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon said District, the exterior boundaries of which District are the composite and consolidated area as more particularly shown on a map thereof on file in the office of the Clerk of the City of Saratoga to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in said District and of any zone thereof and shall govern for all details as to the extent of the assessment district. 5. The Engineer of said City be, and is hereby, directed to prepare and file with said Clerk a report, in writing, referring to the assessment district by its distinctive designation, specifying the fiscal year to which the report applies, and, with respect to that year, presenting the following: 52 a) plans and specification of the existing improvements and for proposed new improvements, if any, to be made within the assessment district or within any zone thereof; b) an estimate of the costs of said proposed new improvements, if any, to be made, the costs of maintenance or servicing, or both, thereof, and of any existing improvements, together with the incidental expenses in connection therewith; C) a diagram showing the exterior boundaries of the assessment district and of any zones within said district and the lines and dimensions of each lot or parcel of land within the district as such lot or parcel of land is shown on the County Assessor's map for the fiscal year to which the report applies, each of which lots or parcels of land shall be identified by a distinctive number or letter on said diagram; and d) a proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, including the maintenance or servicing, or both, thereof, and of any existing improvements upon the several lots or parcels of land in said district in proportion to the estimated particular and distinct benefits to be received by each of such lots or parcels of land, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto. 6. The Office of the Public Works Director of said City be, and is hereby, designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070 or by calling (408) 868 -1241. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 6th day of March, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk 53 Jill Hunter, Mayor Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. 3 54 RESOLUTION NO. A RESOLUTION APPOINTING ATTORNEYS FOR FISCAL YEAR 2013 -2014 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, the City Council has determined to undertake proceedings for the levy and collection of assessments upon the parcels of land in the City of Saratoga Landscaping and Lighting Assessment District LLA -1 pursuant to the Landscaping and Lighting Act of 1972 for the construction or installation of improvements, including the maintenance or servicing, or both, thereof for the fiscal year 2013 -2014; and WHEREAS, the public interest and general welfare will be served by appointing and employing attorneys for the preparation and conduct of said proceedings; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the law firm of Shute, Mihaly & Weinberger be, and it is hereby appointed and employed to do and perform all legal services required in the conduct of said proceedings, and that its compensation be, and it hereby is fixed at not to exceed $500.00. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 6th day of March, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk 55 Jill Hunter, Mayor ` SARATOGA CITY COUNCIL i 1056 MEETING DATE: March 6, 2013 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Kate Bear DIRECTOR: James Lindsay SUBJECT: Changes to the Tree Regulations, Article 15 -50, of the Saratoga City Code. RECOMMENDED ACTION: Conduct a public hearing. Introduce and waive the first reading of the ordinance making changes to Article 15 -50 (Tree Regulations) of the City Code. BACKGROUND: On February 13, 2013, the Planning Commission held a public hearing, and adopted the attached Resolution, recommending changes to the tree regulations. This review was directed by the City Council at its January 16, 2013 meeting. In addition to these changes, the Council directed Staff to research what other nearby cities do with respect to a security deposit for the protection of trees during development construction. Cities surveyed included the Town of Los Gatos, Campbell, Cupertino, Los Altos, Palo Alto and Mt. View. Attachment #4 summarizes the information learned through interviews with staff from these cities, and provided in their municipal codes. DISCUSSION: Tree removal permit applications: The City's Tree Regulations are written so that all trees requested for removal are treated the same whether they are alive, dead or have fallen. The proposed changes to the Tree Regulations will make it easier to remove fallen trees, remove costs associated with permit applications to remove fallen and dead trees, and will shorten the time for residents to obtain a permit for all other trees, while still notifying neighbors and keeping the required 15 day appeal period. The following changes to the City Code have been proposed: 1) Definitions have been added for dead and fallen trees; 2) The application fee will be waived for fallen trees and refunded for dead trees; 3) The applicant and neighbors will be notified of the determination on an application at the same time, shortening the time to obtain a permit. Issue Current Approach Proposed Changes 1. Fallen trees A Fallen tree requires an application, an application fee and notification of A definition of a Fallen tree has been added to section 15- 50.020. 56 Issue Current Approach Proposed Changes neighbors if it is protected by City Code. The application fee will be waived. 2. Dead trees A Dead tree requires an application, an A definition of a Dead tree has been added to application fee and notification of section 15- 50.020. neighbors if it is protected by City Code. The application fee will be refunded upon issuance of a permit. 3. Notification of The Code currently requires that Staff eighbors will no longer be notified 10 days neighbors send a notice to neighbors at least 10 efore a determination on a permit application is days before making a determination on a made. Permits can be issued after the 15 day permit. This is added to a 15 day appeal ippeal period if there is no appeal to the period, and applicants cannot receive idministrative decision. permits until 25 days have elapsed from the time notices are mailed. Tree protection security deposits: In addition to a Tree Preservation Plan, the City of Saratoga requires a security deposit for the protection of trees on projects where the canopies of protected trees extend within five feet of proposed construction. The amount of the tree protection security deposit is to be equal to 100% of the combined value of all protected trees potentially impacted by the work. The City believes that applicants are more likely to adhere to the Tree Preservation Plan for a project when they know that the City is holding funds and can retain them if trees are damaged during construction. The average amount of tree protection security deposits in 2012 was approximately $42,000. In the past seven years, tree protection security deposits have not been retained to repair damaged trees for projects. They have been held beyond the completion of a project if work to repair damage is needed, or to ensure that replacement trees get planted, while allowing a resident to move in to a newly constructed house. Neighboring cities that were surveyed essentially do not require a tree protection security deposit for residential projects. Three cities, Los Gatos, Palo Alto and Mt. View, have the option of requiring a tree protection security deposit. In speaking to staff from these cities, they said that they do not actually require such deposits. Rather, the effort to protect trees is incorporated into the design process, and tree protection during construction. Cities rely on Tree Preservation Plans, the use of and supervision by Project Arborists and monitoring of construction work as it occurs. Cupertino and Campbell require a disclosure statement of trees on site, and Campbell requires that the applicant record a covenant documenting the trees on site as a condition of approval prior to providing building permits. FISCAL IMPACTS: Tree removal permit applications: The tree removal permit process has been designed to recover close to 100% of the costs in administering the program. Dead and fallen trees represent approximately 28% of the total number of tree removal permits issued each year. The proposed changes to the tree regulations will result in a reduction of approximately $12,000 per year in fees collected. Staff time can be reduced on processing fallen tree permits. However, the refund process proposed for permits to remove dead trees will result in approximately one additional hour of staff time spent per permit. 57 Tree protection security deposits: Staff will spend less time taking in and releasing tree protection security deposits. There is no direct affect on City revenue from tree protection security deposits. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Code will remain as is. A fallen tree will either be removed upon inspection by a City Official or Sheriff's Deputy, after it is pronounced a hazard, or it will require a regular tree removal permit application at the fee listed in the fee schedule. Dead trees will require the same application fee and notification of neighbors as other trees. The time to process a tree removal permit will remain 25 days. ALTERNATIVE ACTION: Direct staff accordingly. ATTACHMENTS: 1. Ordinance 2. Planning Commission resolution, adopting proposed changes to the Tree Regulations. 3. City Code Section 15 -50, Tree Regulations in its entirety, with proposed changes 4. Policies for tree protection security deposits in neighboring cities m Attachment 1 ORDINANCE AN ORDINANCE AMENDING SECTIONS 15-50.020,15-50.070 AND 15- 50.080 OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Findings The City of Saratoga wishes to amend certain sections of the City Code in order to waive the application fee for a permit for a fallen tree, refund the application fee for a permit for a dead tree, and shorten the processing time to obtain a permit for all applicants. 2. The changes in this ordinance affect provisions of the City's Zoning Regulations in Chapter 15 of the Code. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on February 13, 2013, recommended adoption of the amendments to Chapter 15. 3. The City Council of the City of Saratoga held a duly noticed public hearing on March 6, 2013, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double - underlined font (e.g., bold double - underlined) and text to be deleted is indicated in strikeout font (e.g., str-ilee . Text in standard font remains unchanged by this ordinance. Sections 15- 50.020, 15- 50.070 and 15- 50.080 of the Tree Regulations of the Saratoga City Code are amended as follows: 1. Amendments to Definitions 15- 50.020 - Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Agricultural tree means a fruit or nut tree grown for the production of fruit or nuts. (b) Approving body means the body having authority to approve or deny an application and includes the Planning Commission and the Community Development Director. (c) Arborist Report means a report prepared by a certified arborist and accepted by the Community Development Director containing specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one or more trees on an individual lot or project site. (d) Bond or security deposit means a financial instrument which guarantees a future condition and may include an irrevocable letter of credit or cash. 59 Attachment 1 (e) Canopy or tree canopy means all portions of the tree with foliage. As context requires, the term also describes the area inside the drip line. (f) Crown means the portion of the tree above the trunk including the limbs and foliage. (g) DBH means diameter at breast height. It is the diameter of a single stem trunk tree measured at four and one -half feet above the ground while standing on the high side of the tree. The diameter may be calculated using the following formula: Diameter = Circumference / 3.142 To measure trees with multi -stem trunk, the tree diameter equals the full diameter of the largest trunk plus fifty percent of the diameter of all other trunks on the tree; each trunk is measured at four and one -half feet above the ground while standing on the high side of the tree. (h) Damage means any action undertaken which causes short-term or long -term injury, death, or disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning, over - watering, relocation, or transplanting a tree, or trenching, grading, compaction, excavating, paving or installing impervious surface within the root zone of a protected tree. it Dead tree means a tree that cannot be restored to good health and has at least one of the following characteristics: (1) is completely devoid of life. (2) has no leaves at a time when it should. (3) exhibits no buds if dormant. and (4) is incapable of translocating food and water between leaves and roots. (4) W Destroy means to cause the premature decline of tree health or life as evaluated and determined by the City Arborist. (Y) Uk Dripline means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline is the irregular shaped circle that follows the contour of the tree's branches as seen from overhead. (k) 01 Encroachment means any intrusion or human activity occurring within the root zone of a tree, including, but not limited to structural pruning in excess of International Society of Arboriculture Commission (ISA) Pruning Standards (2001 Edition), grading, excavating, trenching, parking of vehicles, permanent or temporary storage of materials or equipment, or the construction of structures or other improvements within the root zone of a tree. "m Fallen tree means a tree that possesses both of the following characteristics: (1) it has. through natural causes, uprooted or broken at the trunk or one or more main scaffold limbs to the extent that its structure has been destroyed as a consequence, and (21 the tree. or the remaining portion of the tree that has not fallen, cannot be adequately pruned to restore it to acceptable structure and good health. 0) (WHeritage tree means any tree of historic significance as a tree having historic value related to the heritage of the City and designated by action of the City Council upon recommendation of the Heritage Preservation Commission. (m) (W ISA Standards means the 2001 Edition of the Pruning Standards and the Tree Valuation Formula contained in the April 2000 Guide for Plant Appraisal published by the International Society of Arboriculture. (n) W) Native tree means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophylhum), California Buckeye (Aesculus califomica), Douglas fir (Pseudotsuga menziesii) and Coast Redwood (Sequoia sempervirens). (e) JW Oak means any native oak tree of the Genus Quercus, regardless of size. This definition shall not include oak trees planted, grown and held for sale by licensed nurseries or the first 2 .c Attachment 1 removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (0 (r Project site means the site of the proposed tree removal, pruning, or encroachment affecting a protected tree. (0 Ls Protected tree has the meaning set forth in Section 15- 50.050. (r) (0 Pruning means any and all work performed on or adversely affecting the roots, branches or limbs of a protected tree. (s} m Remove and removal mean the physical removal or destruction of a tree or causing the death of a tree through damaging, pruning, encroaching or other direct or indirect action on the canopy or root zone. (4) W Root zone means a specifically defined area commencing at the trunk and moving outward to form an irregularly shaped circle that follows the contour of the tree canopy and extending beyond the dripline of the tree by five feet or such greater distance determined by the City Arborist. (ter) Lw Routine maintenance means actions needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control spraying and watering. M Lx Street tree means any tree within the Public Street or right -of -way. (w) W Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity. The Community Development Director, after consultation with the City Arborist may determine whether any specific woody plant shall be considered a tree or a shrub. (x-) (z) Structural pruning means pruning to maintain the size of lateral branches to less than three - fourths the diameter of the parent branch or trunk. (y) taA) Tree means a woody perennial plant characterized by having a main stem or trunk, or a multi - stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. W �b Tree fund means a City -held monetary account accounted for separately from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments, civil penalties, bonds or other remedial funds or sources of funds for violations of Article 15 -50 of this Code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section 15- 50.170, as prescribed by the Community Development Director, or as a condition of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as determined by the Community Development Director, on public properties, streets, easements and dedicated open spaces. (aa) tW Tree Preservation Plan means a detailed plan containing all protective measures to be implemented before, during, and, after any encroachment or other activity affecting one or more protected trees including provision for future maintenance, to preserve and protect all trees to be retained on a project site. 2. Amendment to Application for a Permit 15- 50.070 Application for permit. (a) Application. Application for a tree removal, pruning or encroachment permit shall be made to the Community Development Director on such form as he or she may prescribe. The application shall contain the number and location of each tree to be removed, pruned or 61 Attachment 1 encroached upon, the type and approximate size of the tree, the reason for removal, pruning or encroachment and such additional information as the Director may require. The application shall be signed by the owner of the property upon which the tree is located and if the applicant is not the owner of said property shall include a statement that the owner consents to the activity described on the permit application. (b) Notice. 12r-io,. t,..,,.fing on an plie ,pie f a tree r-emoval pv.... it aff- e fang one of more pr-eteeted trees, nefiee shall be given to pr-epefty owners within one hundred fifty feet a4 the time ofappl ,.atior at least ton days before ., deeisio on the po..mit is made. After making a determination on an application, the Community Development Director shall provide notification of the determination to the applicant and residents within one hundred fifty feet of the boundaries of applicant's property, in accordance with paragraph 15- 50.100. (c) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards (the 2001 Edition of which is hereby adopted by reference) any given growth period or year of any protected tree. Pruning shall not exceed twenty -five percent of the canopy. No permit is required for structural pruning, which complies with ISA Pruning Standards, or for the pruning of productive agricultural trees. (d) Notwithstanding the foregoing, either written permission or a permit is required for the pruning of a protected tree the trunk of which is at least partially located on a neighboring property. e) No fee shall be required for a permit to remove a Fallen tree and the permit fee for removal of a Dead tree shall be refunded to the applicant upon issuance of the Hermit. 3. Amendment to Determination on a permit 15- 50.080 Determination on permit. (a) Criteria. Each application for a tree removal pruning or encroachment permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15- 50.010. (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. 2 62 Attachment 1 (b) Additional recommendations. The Community Development Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the discretion of the Community Development Director, City Arborist review may be required before any tree removal, pruning or encroachment permit is issued or before approval of a project involving the removal of, pruning of or encroachment upon one or more protected trees is granted. City Arborist review shall also be at the sole expense of the applicant. (c) Decision by Director. The Community Development Director shall render his or her decision within thirty days after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (1) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee or the posting of a bond or security deposit in favor of the City to the Tree Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a security deposit with the City in an amount equal to one hundred percent of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond or security deposit of at least five years designed to ensure long term maintenance of the affected or replacement trees. Security deposits or maintenance bonds required for protected trees or replacement trees in public or private development may, in the reasonable discretion of the Community Development Director, be refunded upon a determination that the project is in compliance with the City Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or where replacement, restitution, or other remedy required pursuant to Section 15- 50.170 cannot be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. Section 2. Severance Clause. The City Council declares that each section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance. If any section, sub - section, paragraph, sub - paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In 5 63 Attachment 1 this circumstance, Staff is recommending amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of March, 2013, and was adopted by the following vote following a second reading on the 20th day of March, 2013. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: JILL HUNTER MAYOR OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY IN ATTEST: CRYSTAL MORROW CLERK OF THE CITY OF SARATOGA Saratoga, California RESOLUTION NO. 13-004 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION ACCEPTING CHANGES TO THE TREE REGULATIONS, CITY CODE ARTICLE 15 -50 WHEREAS, on December 19, 2012 the City Council requested information on the current requirements for the removal of fallen trees; and WHEREAS, on January 16, 2013 the City Council directed Staff modify the Tree Regulations to facilitate the removal of fallen and dead trees, and to investigate the practices and requirements of neighboring cities with respect to tree protection and security deposit requirements during development; and WHEREAS, on February 13, 2013, the Planning Commission held a duly noticed public hearing on the subject, and considered evidence presented by City Staff, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The Community Development Department presented the City Council recommendations and information on neighboring cities with respect to fallen trees, dead trees, and tree protection security deposit requirements during development and construction. All Interested Parties desiring to comment on the proposed changes to the Tree Regulations were given the opportunity to submit written and oral comments to the Planning Commission on February 13, 2013, up to the close of the Public Hearing before the Planning Commission, Section 3: The proposed changes to the City Code are marked on the attached copy of the Tree Regulations, Article 15 -50 of the Zoning Code. Section 4: The City of Saratoga Planning Commission hereby adopts the proposed changes to the Tree Regulations, City Code Article 15 -50. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 13t" day of February 2013 by the following vote: AYES: Almalech, Bernald, Grover, Hlava, Reis, Walia & Zhao NOES: ABSENT: ABSTAIN: / n1 Tina K. Walia Chair, Planning Commission 65 Article 15 -50 TREE REGULATIONS* Sections: 15- 50.010 Findings; purposes of Article. 15- 50.020 Definitions. 15- 50.030 Application of Article. 15- 50.040 Street trees. 15- 50.050 Removal of certain trees without 15- 50.060 Exceptions. 15- 50.070 Application for permit. 15- 50.080 Determination on permit. 15- 50.090 Development or improvement projects. 15- 50.100 Appeals. 15- 50.110 No liability upon City. 15- 50.120 Setback of new construction from existing trees. 15- 50.130 Arborist Report. 15- 50.140 Tree Preservation Plan. 15- 50.150 Tree fund. 15- 50.160 Enforcement. 15- 50.170 Violations, penalties and remedies. 15- 50.180 Tree companies operating in the City. 15- 50.190 Possession of an approved tree removal permit. * Prior Ordinance history: Ords. 71.86, 71 -106 and 212. 15- 50.010 Findings; purposes of Article. The City Council finds that the City is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees located throughout the City; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities. To complement and strengthen zoning, subdivision and other land use standards and regulations, while at the same time recognizing the privileges of private property ownership, the City Council adopts the ordinance codified in this Section to establish basic standards and measures for the maintenance, removal, and replacement of trees. Thus, the ordinance codified in this Section is designed to provide a stable and sustainable urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic character and environment of this City. (Amended by Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006) 15- 50.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Agricultural tree means a fruit or nut tree grown for the production of fruit or nuts. .. (b) Approving body means the body having authority to approve or deny an application and includes the Planning Commission and the Community Development Director. (c) Arborist Report means a report prepared by a certified arborist and accepted by the Community Development Director containing specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one or more trees on an individual lot or project site. (d) Bond or security deposit means a financial instrument which guarantees a future condition and may include an irrevocable letter of credit or cash. (e) Canopy or tree canopy means all portions of the tree with foliage. As context requires, the term also describes the area inside the drip line. (f) Crown means the portion of the tree above the trunk including the limbs and foliage. (g) DBH means diameter at breast height. It is the diameter of a single stem trunk tree measured at four and one -half feet above the ground while standing on the high side of the tree. The diameter may be calculated using the following formula: Diameter = Circumference / 3.142 To measure trees with multi -stem trunk, the tree diameter equals the full diameter of the largest trunk plus fifty percent of the diameter of all other trunks on the tree; each trunk is measured at four and one -half feet above the ground while standing on the high side of the tree. (h) Damage means any action undertaken which causes short-term or long -term injury, death, or disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning, over - watering, relocation, or transplanting a tree, or trenching, grading, compaction, excavating, paving or installing impervious surface within the root zone of a protected tree. (i) Dead tree means a tree that cannot be restored to good health and has at least one of the following characteristics: (1) is completely devoid of life, (2) has no leaves at a time when it should, (3) exhibits no buds if dormant, and (4) is incapable of translocating food and water between leaves and roots. 0) Destroy means to cause the premature decline of tree health or life as evaluated and determined by the City Arborist. (k) Dripline means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline is the irregular shaped circle that follows the contour of the tree's branches as seen from overhead. (1) Encroachment means any intrusion or human activity occurring within the root zone of a tree, including, but not limited to structural pruning in excess of International Society of Arboriculture Commission (ISA) Pruning Standards (2001 Edition), grading, excavating, trenching, parking of vehicles, permanent or temporary storage of materials or equipment, or the construction of structures or other improvements within the root zone of a tree. (m) Fallen tree means a tree that possesses both of the following characteristics: (1) it has, through natural causes, uprooted or broken at the trunk or one or more main scaffold limbs to the extent that its structure has been destroyed as a consequence, and (2) the tree, or the remaining portion of the tree that has not fallen, cannot be adequately pruned to restore it to acceptable structure and good health. (n) Heritage tree means any tree of historic significance as a tree having historic value related to the heritage of the City and designated by action of the City Council upon recommendation of the Heritage Preservation Commission. 67 (o) ISA Standards means the 2001 Edition of the Pruning Standards and the Tree Valuation Formula contained in the April 2000 Guide for Plant Appraisal published by the International Society of Arboriculture. (p) Native tree means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophylhum), California Buckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii) and Coast Redwood (Sequoia sempervirens). (q) Oak means any native oak tree of the Genus Quercus, regardless of size. This definition shall not include oak trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (r) Project site means the site of the proposed tree removal, pruning, or encroachment affecting a protected tree. (s) Protected tree has the meaning set forth in Section 15- 50.050. (t) Pruning means any and all work performed on or adversely affecting the roots, branches or limbs of a protected tree. (u) Remove and removal mean the physical removal or destruction of a tree or causing the death of a tree through damaging, pruning, encroaching or other direct or indirect action on the canopy or root zone. (v) Root zone means a specifically defined area commencing at the trunk and moving outward to form an irregularly shaped circle that follows the contour of the tree canopy and extending beyond the dripline of the tree by five feet or such greater distance determined by the City Arborist. (w) Routine maintenance means actions needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control spraying and watering. (x) Street tree means any tree within the Public Street or right -of -way. (y) Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity. The Community Development Director, after consultation with the City Arborist may determine whether any specific woody plant shall be considered a tree or a shrub. (z) Structural pruning means pruning to maintain the size of lateral branches to less than three - fourths the diameter of the parent branch or trunk. (aa) Tree means a woody perennial plant characterized by having a main stem or trunk, or a multi- stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (bb) Tree fund means a City -held monetary account accounted for separately from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments, civil penalties, bonds or other remedial funds or sources of funds for violations of Article 15 -50 of this Code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section 15- 50.170, as prescribed by the Community Development Director, or as a condition of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as determined by the Community Development Director, on public properties, streets, easements and dedicated open spaces. .: (cc) Tree Preservation Plan means a detailed plan containing all protective measures to be implemented before, during, and, after any encroachment or other activity affecting one or more protected trees including provision for future maintenance, to preserve and protect all trees to be retained on a project site. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.030 Application of Article. This Article shall apply to every owner of real property within the City, and to every person responsible for removing, damaging, pruning or encroaching upon a tree regardless of whether such person is engaged in a business for such purpose. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.040 Street trees. (a) Policies and standards. The Community Development Director shall implement policies and standards for street tree planting and maintenance as established from time to time by resolution of the Planning Commission or City Council. (b) Planting required condition of approval. The planting of street trees may be required as a condition of any approval granted under this Chapter. (c) Responsibility for maintenance. The City shall provide maintenance for street trees located within a commercial district and on arterial roads, unless such maintenance responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the City. In all other areas of the City, the City shall not conduct but shall control the planting, maintenance and removal of street trees and shrubs which might affect the public right - of -way; the owner or occupant of such property shall be responsible for the maintenance of street trees on the property and in the public right -of -way abutting the property. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.050 Removal of certain trees without permit. Except as otherwise provided in Section 15- 50.060, it is unlawful for any person to remove, damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon any protected tree, located on any private or public property in the City without first having obtained a tree removal, pruning or encroachment permit issued pursuant to this Article and authorizing the proposed action. A protected tree shall consist of any of the following: (a) Any native tree having a DBH of six inches or greater (b) Any other tree having a DBH of ten inches or greater. (c) Any street tree, as defined in Section 15- 50.020(v), regardless of size. (d) Any heritage tree, as defined in Subsection 15- 50.020(1) regardless of size. (e) Any tree required to be planted or retained as a condition of any approval granted under this Chapter or Chapter 14 of this Code. (f) Any tree required to be planted as a replacement, as provided in Section 15- 50.170 of this Article. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.060 Exceptions. The permit requirement set forth in Section 15- 50.050 shall not apply to any of the following: .• (a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it may be removed without a permit on order of the City Manager, the Public Works Director, the Community Development Director, their designated representatives, or a Peace Officer, or the fire department having jurisdiction. (b) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities. (c) Project approval. Where removal of a protected tree or encroachment upon one or more protected trees has been specifically authorized as part of any project approval granted under this Chapter or Chapter 14 or 16 of this Code, no permit pursuant to this Article shall be required for such activity, provided the Community Development Director determines in writing that the criteria specified in sections 15- 50.080 and 15- 50.120 and 15- 50.140 have been met. Any protected tree authorized for removal, pruning or encroachment pursuant to such project approval shall not be removed, pruned or encroached upon, until the issuance of a building or grading permit for the improvements, which are subject of the approval. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.070 Application for permit. (a) Application. Application for a tree removal pruning or encroachment permit shall be made to the Community Development Director on such form as he or she may prescribe. The application shall contain the number and location of each tree to be removed, pruned or encroached upon, the type and approximate size of the tree, the reason for removal, pruning or encroachment and such additional information as the Director may require. The application shall be signed by the owner of the property upon which the tree is located and if the applicant is not the owner of said property shall include a statement that the owner consents to the activity described on the permit application. (b) Notice. After making a determination on an application, the Community Development Director shall provide notification of the determination to the applicant and residents within one hundred fifty feet of the boundaries of applicant's property, in accordance with paragraph 15- 50.100. (c) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards (the 2001 Edition of which is hereby adopted by reference) any given growth period or year of any protected tree. Pruning shall not exceed twenty -five percent of the canopy. No permit is required for structural pruning, which complies with ISA Pruning Standards, or for the pruning of productive agricultural trees. (d) Notwithstanding the foregoing, either written permission or a permit is required for the pruning of a protected tree the trunk of which is at least partially located on a neighboring property. (e) No fee shall be required for a permit to remove a Fallen tree and the permit fee for removal of a Dead tree shall be refunded to the applicant upon issuance of the permit. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.080 Determination on permit. 70 (a) Criteria. Each application for a tree removal pruning or encroachment permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15- 50.010. (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (b) Additional recommendations. The Community Development Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the discretion of the Community Development Director, City Arborist review may be required before any tree removal, pruning or encroachment permit is issued or before approval of a project involving the removal of, pruning of or encroachment upon one or more protected trees is granted. City Arborist review shall also be at the sole expense of the applicant. (c) Decision by Director. The Community Development Director shall render his or her decision within thirty days after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (1) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee or the posting of a bond or security deposit in favor of the City to the Tree Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a security deposit with the City in an amount equal to one hundred percent of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond or security deposit of at least five years designed to ensure long term maintenance of the affected or replacement trees. Security deposits or maintenance bonds required for protected trees or replacement trees in public or private development may, in the reasonable discretion of the Community Development Director, be refunded upon a determination that the project is in compliance with the City 71 Arborist's requirements and /or Tree Preservation Plan. In the case of violations of this Article or where replacement, restitution, or other remedy required pursuant to Section 15- 50.170 cannot be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.090 Development or improvement projects. (a) Subdivision approval. When any application is made pursuant to Chapter 14 and that proposal would involve removal of, pruning of, or encroachment upon a protected tree, the City shall take into consideration the provisions of this Article in granting or denying the application. (b) Project approval. Removal of, pruning of, or encroachment upon any protected trees pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall meet the requirements of Section 15- 50.140 and be evaluated according to the criteria in Section 15- 50.080. (c) Modifications to approved projects. In the event of any change or modification to an approved site development plan which results in removal of or an increase in pruning of or encroachment upon any protected tree, the provisions of this Article shall apply. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.100 Appeals. (a) Except otherwise provided in subsection (b) of this Section, any person objecting to a decision by the Community Development Director made pursuant to any of the provisions of this Article, may appeal such decision in accordance with the procedure set forth in Article 15 -90 of this Chapter. Any permit issued pursuant to this Article shall take effect immediately upon the expiration of the appeal period specified in Article 15 -90 of this Chapter unless the permit is appealed. If the permit is appealed or a permit denial is appealed and the Planning Commission upholds the permit or reverses the denial, the permit shall take effect immediately upon the decision of the Planning Commission unless appealed to the City Council in accordance with the procedure set forth in Article 15 -90 of this Chapter. (b) Where an application for a tree removal permit has been granted and the Community Development Director determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the Community Development Director may issue the tree removal permit prior to expiration of the appeal period specified in Article 15 -90 of this Chapter. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.110 No liability upon City. Nothing in this Article shall be deemed to impose any liability upon the City or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon his property or upon a public right -of -way over his property. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.120 Setback of new construction from existing trees. Unless otherwise permitted by the approving authority, no structure, excavation or impervious surface areas of any kind shall be constructed or installed within the root zone of any protected 72 tree without mitigating special design, such as post and beam footings that bridge the roots. No parking, storing of vehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design considerations approved by the Community Development Director and the City Arborist. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.130 Arborist Report. An Arborist Report shall be required for any application for discretionary development approval that would require the removal of one or more trees protected by this Chapter and for any other projects where the Community Development Director determines it is necessary. The Community Development Director may require any Arborist Report (or portion thereof) to be reviewed by the City Arborist. The Arborist Report and any review of it by the City Arborist required by the Community Development Director shall be at the sole expense of the applicant. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.140 Tree Preservation Plan. (a) A Tree Preservation Plan shall be required for any project approved pursuant to Chapters 14, 15 and 16 of the Code on any site on which an Arborist Report is prepared. (b) The Tree Preservation Plan shall consist of a separate detailed plan drawn to a sufficient scale but no larger than twenty feet to the inch, with any details to be shown at least ten to the inch) to clearly indicate all protection and mitigation measures to be taken as required by the Community Development Director and/or the Arborist Report for the project. (c) When a project has been submitted for approval pursuant to Chapters 14, 15, or 16, there shall be no permits issued for grading or site improvements until a Tree Preservation Plan for the project has been approved by the Community Development Director and the required protection measures are determined to be in place through City inspection. Protection measures required shall remain in place for the duration of the construction activity at the project site, or as otherwise required by the City and shall not be removed until authorized by the Community Development Director. (d) The Tree Preservation Plan and any permits for tree removal shall be maintained at the project site at all times during construction activities and until all work has been completed, inspected and approved by the City. (e) At least three scheduled inspections shall be made by the City to ensure compliance with the Tree Preservation Plan. The inspections shall, at a minimum include the following: (1) Initial inspection prior to any construction or grading, (2) After completion of rough grading and/or trenching, and (3) Completion of all work including planting and irrigation system installation. Other inspections may be conducted as required by the Community Development Director. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.150 Tree fund. (a) Purpose and source of funds. A tree preservation fund shall be established for the City for the purposes specified in Section 15- 50.020(z). The Tree Fund shall be funded by those fines, penalties, and other remedial payments which may be assessed by courts or administratively imposed, including, but not limited to, those provided for in Chapter 3 of this Code for violations of this Article. In addition, payments required for replacement trees pursuant to Section 15- 50.170, as prescribed by the Community Development Director, or as a condition of 73 development approval, or from payments made from a security deposit or bond, shall be held in the Tree Fund and used to purchase new and replacement trees. The Community Development Director and the City Arborist shall determine the selection, planting and location of any such trees. (b) Tree valuation. Lawfully removed trees to be replaced as a condition of development approval shall be valued and their removal compensated for as follows: Trees replaced on or off site according to good forestry practices, shall provide, in the opinion of the Community Development Director, equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance, and other significant beneficial characteristics of the removed tree /s. The City Arborist shall calculate the value of the removed tree /s in accordance with the ISA Tree Valuation Formula contained in the April 2000 ISA Guide for Plant Appraisal, which is hereby adopted by reference. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.160 Enforcement. (a) General. The City shall vigorously enforce the provisions of this Article. Inspectors shall, in the course of their regular duties, monitor construction activities. Any observed violations shall be immediately reported to the Community Development Director for follow -up action. (b) Stop work orders. Whenever any activities are in violation of the provisions of this Article, applicable tree permit /s, Tree Preservation Plans, or conditions of project approval, a Building Inspector, Public Works Director, Community Service Officer, or Community Development Director shall issue a written notice to stop work on the project for which a violation has occurred. The notice shall state the nature of the violation or danger and with the exception of ordered remediation, no work shall be allowed to proceed until the violation has been rectified and any remaining activity approved by the City. (c) Cumulative remedies. All remedies in this Section shall be cumulative and are not exclusive. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.170 Violations; penalties and remedies. The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute public nuisance and an infraction. As either a public nuisance or an infraction, the violation shall be subject to the penalties or remedies as described in Chapter 3 of this Code and any other remedies authorized by the City Code, including, but not limited to the following: (a) Requiring that the violator obtain a tree removal, pruning or encroachment permit for the previously conducted unlawful activity, including one or more of the following conditions as appropriate: (1) the violator shall replace each unlawfully removed tree with one or more new trees which can be accommodated on the site of the violation according to good forestry practices and, in the opinion of the Community Development Director, will provide equivalent value in terms of cost (as determined pursuant to the City Arborist's calculation of the value of the removed tree /s in accordance with the ISA Tree Valuation Formula adopted by reference), aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully removed tree; or (2) where replacement trees cannot be accommodated on site according to good forestry practices, or cannot provide equivalent aesthetic or environmental quality of removed tree /s on site, the violator shall either plant replacement trees off site or make a cash payment to the City 74 Tree Fund (based on the City Arborist's calculation of the value of the removed tree /s in accordance with the ISA Tree Valuation Formula adopted by reference), or any combination thereof, in accordance with the following: (A) To the extent that a cash payment is required for any portion or all of the value of the removed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if replacement trees are planted; and (B) To the extent that the planting of offsite replacement trees is required, the retail cost of such trees, as shown by documentary evidence satisfactory to the Community Development Director, shall be offset against the value of the removed tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees; or (3) Where the unlawful activity did not result in tree removal, but did result in tree damage, the violator shall enhance the condition of the remaining trees or portions of trees according to good forestry practices which in the opinion of the Community Development Director, will provide equivalent value in terms of damage to the tree(s), aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully damaged tree; provide equivalent enhancement of the condition of trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of the equivalent value of the unlawful damage to the tree). (b) Any person who is required to plant replacement trees pursuant to this Section shall permanently maintain such trees in a good and healthy condition, for a minimum of five years to ensure permanent establishment of any such tree /s, as determined by the City Arborist. Such person shall post a maintenance bond or security deposit in a form prescribed by the Community Development Director and execute a maintenance agreement with the City, which shall be recorded in the office of the County Recorder. (c) As part of a civil action brought by the City, a court may assess against any person who commits, allows, or maintains a violation of any provision of this Chapter a civil penalty. Where the violation has resulted in removal of a protected tree, the civil penalty shall be in an amount not to exceed five thousand dollars per tree unlawfully removed unless the replacement value of a tree un awfully removed is greater than five thousand dollars which case the civil penalty for removal of that tree shall equal the replacement value (excluding installation) of the tree. (d) Payment (to the extent authorized by law and determined appropriate by the Community Development Director) of any criminal, civil, administrative, or other penalty or restitution order into the Tree Fund. (e) The violation of any provision contained in this Article during the conduct by any person of a tree removal, structural pruning, landscaping, construction or other business in the City shall constitute grounds for revocation of any business license issued to such person. (f) All remedies provided in this Section shall be cumulative and are not exclusive. (Amended by Ord. 226 § 2 (part), 2003) 15- 50.180 Tree Companies, operating in the City. Any business, which performs structural pruning or tree removal on protected trees in the City, must be in possession of a Saratoga business license, and must have an ISA Certified Arborist on staff, in a supervisory position for the accomplishment of such work. (Amended by Ord. 226 § 2 (part), 2003) 75 15- 50.190 Possession of an approved tree removal permit. Any person engaged in any conduct requiring a permit pursuant to this Article shall have in his or her possession a copy of the approved permit. Upon request of a Peace Officer, City of Saratoga Code Enforcement Officer or other City Official, the person engaging in the referenced conduct shall produce the approved permit. If the person cannot produce the approved permit, all activity shall be suspended until a permit can be produced or obtained from the Community Development Department. (Amended by Ord. 226 § 2 (part), 2003) 76 rfl Saratoga I s Gatos Campbell Cupertino Los Altos Mt. View Palo Alt" Is a tree protection Yes No — is an No No No No — is an No — is an bond required? option option option Per City Code — Is How is the bond equal to 100% of Penal sum of the total appraised $5,000 /tree up amount value of trees to $25,000 NA NA NA NA Value of trees determined? impacted by max project. Is there discretion Yes — - in the bond No Yes NA NA NA Yes of 100% of value amount? 1. CD What options for a 2. Savings account Any vehicle 1. Cash security deposit are 3. Performance acceptable to NA NA NA NA 2.CD there? bond/insurance CDD 3.Insurance bond policy Until end of How long is project. May be Until 1 year Until two years security deposit held up to 5 past NA NA NA NA past completion held9 years after completion of of project completion of project. work. rfl Saratoga 1 s Gatos Campbell Cupertino Los • I o Alto Are residential projects treated differently than No No No No No Yes Yes large development projects? Usually no How are residential More bond on and development No difference No NA NA NA streamlined residential; projects different? process bond required on commercial Yes, if work will Yes, unless Is a Tree be done within 5 waived by Preservation Plan feet of canopy of Yes Yes CDD for minor Yes Yes Yes required? protected tree. projects. Recorded Tree Disclosure Yes — covenant Statement? No required Yes documenting No No No trees on site required By canopy cover and Replace at 4 to By canopy By canopy How are By appraised matrix in City 1 or a fee cover and Determined Replace at cover and replacement trees value of tree Code - # trees/ payment = matrix in City by CDD ratio of 2 to 1 matrix in Tree determined. removed. amount of value of tree Code. Tech Manual canopy removed ui SAkt 9T0 4 � SARATOGA CITY COUNCIL MEETING DATE: March 6, 2013 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director SUBJECT: Adoption of a Resolution of Intention to Abandon and Sell Unused City Property Located Near Gardiner Park Between 18929 and 18947 Harleigh Drive RECOMMENDED ACTION: Staff recommends that the City Council (1) adopt a resolution of intention (Attachment 1) to abandon and sell unused City Property located near Gardiner Park between 18929 and 18947 Harleigh Drive, setting a hearing date of April 17, 2013, and directing staff to prepare bid procedures and a form purchase and sale agreement and (2) direct staff regarding the budget allocation for proceeds from the sale. REPORT SUMMARY: There is an opportunity to sell an unused, unimproved, City -owned parcel located near Gardiner Park between 18929 and 18947 Harleigh Drive to one of the two adjacent property owners for fair market value through a public bidding process. The parcel, APN number 38929007, is outlined in red on the attached map (Attachment 2). If the parcel is sold, the Community Development Department would initiate a merger with the buyer's property under City Code Article 14 -65 (Merger of Parcels) so that the City parcel would become a part of the buyer's parcel. The parcel is 20 -feet by 113 -feet (approximately 2260 square feet or 0.05 acres). It and the adjoining parcels are designated as Medium Density Residential M -10 in the General Plan and zoned as Single Family Residential R -1- 10,000. The parcel was one of two parcels granted to the City in December of 1965. The minutes of the meeting at which the parcel was accepted indicate that it was intended for recreational use. There were no legal restrictions on use attached to the grant of the property, however. The second parcel, not proposed for sale, became Gardiner Park. It appears that the small parcel was intended to provide access to Gardiner Park across Wildcat Creek, since the park was surrounded by residential parcels at the time. However, the City subsequently obtained access between 19070 and 19091 Portos Drive. The smaller parcel was thus never developed or used for park purposes and is no longer necessary to serve as access to Gardiner Park. Many years ago, a previous owner of 18947 Harleigh Drive fenced and took possession of the parcel. The City became aware of this situation and in 1998 issued the property owner a Notice 79 of Violation, notifying him that such fencing violated the City Code. The owner then sold the property in 1999 without informing the buyers of the City's Notice of Violation. The City sent the new owners notice requiring them to remove the fence and landscaping improvements on the City parcel. The new owners resolved the violation by entering an agreement with the City allowing them temporary use of the property for the limited purpose of fencing and landscaping. The City may revoke the agreement at will and require the landowners to remove fencing and landscaping. The City is considering selling the parcel to one of the two adjoining landowners for several reasons. The parcel is unused and unnecessary for access to Gardiner Park. Further, development for use would require construction of a bridge over Wildcat Creek, which would be costly and subject to numerous state and federal permit requirements. Finally, the City earns no income from the parcel and proceeds from the sale could be used to fund City services and expenses. Although there is no use restriction in the deed granting the parcel to the City, in an abundance of caution staff is proposing to follow state laws regulating the sale of park property for the proposed sale of the parcel. Under the Municipal Park Abandonment Law of 1939, the City may abandon and sell property dedicated for park purposes if (1) the land has not been used by the public for park purposes, (2) no consideration has been paid for the land except by the City, and (3) no public funds have been expended to improve the land as a park. The unused property at Harleigh Drive meets these requirements. The Law also requires the City Council to adopt a resolution of intention to abandon the property, publish the resolution according to statutory requirements, and hold a hearing where it must pass on any objections to the abandonment. Adopting the attached resolution of intention is the first step to begin the process contemplated by the 1939 Law. On February 5, 2013, the Parks and Recreation Commission considered the proposed sale of the unused parcel. It recommended that the parcel be sold and forwarded the proposed sale to the Planning Commission for General Plan consistency review. On February 27, 2013, the Planning Commission considered the proposed sale of the unused parcel and determined that the sale would be consistent with the City of Saratoga General Plan. ENVIRONMENTAL DETERMINATION The sale and merger of the unused parcel is exempt from the California Environmental Quality Act (CEQA) because it has no potential for causing a significant effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). The merger is further exempt because it is a minor alternation in land use limitations that will not result in any change in land use or density, will not create a new parcel, and the average slope is less than 20 percent. Id. § 15305. The parcel is unimproved and the sale and merger will not change the nature of the use. Any possible future development on the parcel would be minor as required by existing General Plan and Zoning regulations and would itself be exempt from CEQA. Id. §§ 15301, 15303(a). FISCAL IMPACTS: The unused parcel would be sold for no less than its fair market value, which staff estimates to be $86,000. If the City Council decides to adopt the attached resolution of intention to abandon :C and sell the property, it will need to direct staff regarding how the sale proceeds should be applied to the City's budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the City Council does not adopt the resolution of intention to abandon and sell the unused parcel, the parcel will continue to be owned by the City and the agreement between the adjacent property owners and the City would continue in effect. ALTERNATIVE ACTION: The City Council could choose not to adopt the resolution of intention. FOLLOW UP ACTION: If the City Council adopts the resolution of intention, there will be a City Council hearing held on April 17, 2013 when the City Council will pass on any objections and decide whether to abandon and sell the property. If the City Council decides to sell the property, staff will solicit offers to buy and negotiate a sale to the highest bidder. The City Council will then consider approving a final sale of the property. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution of Intention 2. Map of Parcel m RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO ABANDON AND SELL UNUSED CITY PROPERTY LOCATED NEAR GARDINER PARK BETWEEN 18929 AND 18947 HARLEIGH DRIVE, SETTING A HEARING DATE OF APRIL 17, 2013, AND DIRECTING STAFF TO PREPARE BID PROCEDURES AND A FORM PURCHASE AND SALE AGREEMENT WHEREAS, in 1965 the City was granted a 2260 square -foot parcel located near Gardiner Park between 18929 and 18947 Harleigh Drive, APN # 38929007; and WHEREAS, the minutes of the meeting at which the parcel was accepted indicate that the parcel was intended for recreational use and circumstances show that it was likely meant to serve as an access parcel to what is now Gardiner Park; and WHEREAS, the parcel is unnecessary for access to Gardiner Park because a separate access parcel was obtained and developed off of Portos Drive; and WHEREAS, the parcel is unused and development for use would require the costly construction of a bridge over Wildcat Creek; and WHEREAS, on February 5, 2013, the Parks and Recreation Commission considered the proposed sale of the parcel and recommended that the parcel be sold; and Whereas, on February 27th, 2012, the Planning Commission determined that the proposed sale of the parcel is consistent with the City of Saratoga General Plan; and WHEREAS, the City Council wishes to abandon the parcel, sell it to an adjacent property owner through a public bidding process, and merge the parcel with the buyer's parcel. NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SARATOGA hereby: 1. Finds that the sale of APN # 38929007 and merger with the buyer's parcel is exempt from the California Environmental Quality Act under California Code of Regulations sections 15061(b)(3), 15301, 15303(a), and 15305. 2. Finds that the parcel has never been used by the public for park purposes, no consideration was paid for the land by the City or any other party, and no public funds have been expended to improve the land as a park. 2. Adopts this resolution of intention to abandon and sell APN # 38929007, located near Gardiner Park between 18929 and 18947 Harleigh Drive. M 3. Sets the regularly scheduled City Council meeting on April 17, 2013 as the time when the City Council will meet to hear any objections to the proposed abandonment and determine whether to abandon and sell the property. 4. Directs staff to prepare bid procedures for sale of the parcel and a form purchase and sale agreement. 5. Directs staff to publish and post this resolution of intention as required by state law. Passed and adopted on the 6th day of March, 2013 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Attest: Crystal Bothelio, City Clerk Jill Hunter, Mayor City of Saratoga Attachment 2 Unused Parcel Between 18929 and 18947 Harleigh Drive 0