HomeMy WebLinkAbout09-05-2012 Packet City Council Agenda1
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
SEPTEMBER 5, 2012
JOINT MEETING – 6:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE.
REPORT ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
August 30, 2012)
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.
CALL JOINT MEETING TO ORDER – 6:00 P.M. ADMINISTRATIVE
CONFERENCE ROOM, 13777 FRUITVALE AVENUE
1. Joint Meeting with the Parks and Recreation Commission and the Pedestrian,
Equestrian, Bicycle, Trails Advisory Committee (PEBTAC)
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.saratoga.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.
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In Compliance with the Americans with Disabilities Act, if you need assistance to
participate in this meeting, please contact the City Clerk at 408/868-1269. 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, Debbie Bretschneider, Deputy 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 August 30, 2012 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA
95070 and on the City’s website at www.saratoga.ca.us.
Signed this 30th day of August 2012 at Saratoga, California.
Debbie Bretschneider
Deputy City Clerk
Table of Contents
Agenda 3
City Council Meeting Minutes
Staff Report 9
Minutes 11
Review of Accounts Payable Check Registers
Staff Report 23
8/7 - Pd 13 26
8/7 - Pd 2 28
8/14 - Pd 13 32
8/14 - Pd 2 33
8/21 - Pd 13 37
8/21 - Pd 2 38
8/28 - Pd 2 42
Treasurer’s Report for the Month Ended June 30, 2012
Treasurer’s Report for the Month Ended June 30, 2012 46
Ordinance Amendment ZOA12-0006; Miscellaneous City Code
Updates and Code Readoption.
Staff Report 53
Ordinance 54
Ordinance Amendment ZOA12-0007; Zoning Ordinance
Amendment Establishing Design Review Findings for Wireless
Telecommunications Facilities.
Staff Report 83
Ordinance 84
Ordinance Amendment ZOA12-0008; Amendments to Article 7-
30 (Noise Control) and Section 15-19.050 (C-H District) of the
City Code establishing new regulations for outdoor music.
Staff Report 88
Ordinance 89
Ordinance Amendment ZOA09-0009 & Garrod Development
Agreement; Application of the AP/OS Overlay Zoning over 68
acres in the area of 22600 Mount Eden Road and Adoption of a
Development Agreement With the Garrod Trust.
Staff Report 96
Re-zone Ordinance 97
DA Ordinance 100
Resolution Authorizing Final Disposition of Certain City Records
Staff Report 156
Resolution 158
list of Records 159
Reimbursement of Conditional Use Permit Fees for Previously
Approved Wine Tasting Room in the Village.
Staff Report 163
Receipt 165
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Ordinance Amendment ZOA12-0009; City initiated amendments
to Article 15-16 (P-C District).
Staff Report 168
Draft Ordinance 170
Reorganization of Recreation Division of the Recreation and
Facilities Department
Reorganization of Recreation Division of the Recreation
and Facilities Department 177
Exhibit A 179
Consider Proposed Response to Santa Clara County Civil
Grand Jury Report on Pension and Other Post-Employment
Benefits
Staff Report 182
Attachment A 183
Grand Jury Report 189
City Council Regular Meeting Schedule and Council Retreat
Date
Staff Report 224
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WEDNESDAY, SEPTEMBER 05, 2012
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
August 30, 2012)
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
None
SPECIAL PRESENTATIONS
None
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
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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.
1. City Council Meeting Minutes
Recommended action:
Approve City Council minutes for the Special Meeting and the Regular Meeting on
August 15, 2012.
2. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment
cycles:
8/7/2012 - Period 13
8/7/2012 - Period 1
8/14/2012 - Period 13
8/14/2012 - Period 1
8/21/2012 - Period 13
8/21/2012 - Period 1
8/28/2012 - Period 1
3. Treasurer’s Report for the Month Ended June 30, 2012
Recommended action:
Review and accept the Treasurer’s Report for the month ended June 30, 2012.
4. Ordinance Amendment ZOA12-0006; Miscellaneous City Code Updates and Code
Readoption.
Recommended action:
Waive the second reading and adopt the ordinance amending various sections of the
City Code and readopting the Code.
5. Ordinance Amendment ZOA12-0007; Zoning Ordinance Amendment Establishing
Design Review Findings for Wireless Telecommunications Facilities.
Recommended action:
Waive the second reading and adopt the ordinance adding Article 15-44 (Wireless
Telecommunications Facilities) to the City Code.
6. Ordinance Amendment ZOA12-0008; Amendments to Article 7-30 (Noise Control)
and Section 15-19.050 (C-H District) of the City Code establishing new regulations
for outdoor music.
Recommended action:
Waive the second reading and adopt the ordinance amending the City Code to allow
outdoor music within the Village.
7. Ordinance Amendment ZOA09-0009 & Garrod Development Agreement;
Application of the AP/OS Overlay Zoning over 68 acres in the area of 22600 Mount
Eden Road and Adoption of a Development Agreement With the Garrod Trust.
Recommended action:
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Waive the second readings and adopt an ordinance applying the AP/OS Overlay
Zoning and adopt an ordinance adopting the development agreement with the Garrod
Trust. Authorize the Mayor to sign the development agreement on behalf of the City.
8. Resolution Authorizing Final Disposition of Certain City Records
Recommended action:
Adopt resolution authorizing final disposition of certain city records.
9. Reimbursement of Conditional Use Permit Fees for Previously Approved Wine
Tasting Room in the Village.
Recommended action:
Approve the reimbursement for Martella Vineyards.
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
10. Ordinance Amendment ZOA12-0009; City initiated amendments to Article 15-16 (P-
C District).
Recommended action:
Conduct a public hearing. Introduce and waive the first reading of the ordinance
modifying Article 15-16 (P-C District).
OLD BUSINESS
None
NEW BUSINESS
11. Reorganization of Recreation Division of the Recreation and Facilities Department
Recommended action:
Staff recommends that Council accept the report and approve the reorganization of
the Recreation Division of the Recreation and Facilities Department.
12. Consider Proposed Response to Santa Clara County Civil Grand Jury Report on
Pension and Other Post-Employment Benefits
Recommended action:
Review the attached Grand Jury Report and authorize the Mayor to sign the proposed
response attached.
13. City Council Regular Meeting Schedule and Council Retreat Date
Recommended action:
Provide direction to staff on cancelation of November 21, 2012 City Council
Meeting, cancelation of January 2, 2013 City Council Meeting, and date of the City
Council Retreat.
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ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
City School Ad Hoc
Hakone Foundation Board
Hakone Foundation Executive Committee
Let’s Move City Ad Hoc
Santa Clara County Cities Association
Santa Clara County Cities Association Selection Committee
TEA Ad Hoc
West Valley Mayors and Managers Association
West Valley Sanitation District
Vice Mayor Jill Hunter
Hakone Foundation Board
Historical Foundation
KSAR Community Access TV Board
SASCC
Village Ad Hoc
West Valley Flood Control & Watershed Advisory Committee
Council Member Emily Lo
Association of Bay Area Governments
Highway 9 Ad Hoc
Library Joint Powers Authority
Sister City Liaison
Village Ad Hoc
Council Member Howard Miller
City School Ad Hoc
Council Finance Committee
Postal Service Liaison
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
Valley Transportation Authority PAC
West Valley Solid Waste Management Joint Powers Authority
Council Member Manny Cappello
Chamber of Commerce
Council Finance Committee
County HCD Policy Committee
Highway 9 Ad Hoc
Let’s Move City Ad Hoc
Santa Clara County Emergency Council
TEA Ad Hoc
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
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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.saratoga.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, Debbie Bretschneider, Deputy 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 August 30, 2012, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070
and was available for public review at that location. The agenda is also available on the
City’s website at www.saratoga.ca.us
Signed this 30th day of August 2012 at Saratoga, California.
Debbie Bretschneider
Deputy City Clerk
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NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
09/05 Regular Meeting –Joint meeting with Parks and Rec/PEBTAC
09/19 Regular Meeting –Joint Meeting with West Valley Board of Trustees
10/03 Regular Meeting –Joint meeting with Saratoga/Monte Sereno Community
Foundation
10/17 Regular Meeting -- Joint meeting with Traffic Safety Commission
11/01 Regular Meeting –Joint Meeting with Library Commission
11/14 Regular Meeting –Joint Meeting with Saratoga Ministerial Association
12/04 Re-Organization
12/05 Regular Meeting –Joint meeting with HPC and Historical Foundation
12/19 Regular Meeting
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2012
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve City Council minutes for the Special Meeting and the Regular Meeting on August 15,
2012.
BACKGROUND:
The draft minutes for the Special Meeting and Regular Meeting on August 15, 2012 are 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.
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Page 2 of 2
ATTACHMENTS:
Attachment A: August 15, 2012 Special and Regular Meeting Minutes
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MINUTES
SARATOGA SPECIAL CITY COUNCIL MEETING
AUGUST 15, 2012
The City Council called a Joint Meeting with the Hakone Foundation to order at 6:00
p.m. in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue.
SARATOGA REGULAR CITY COUNCIL MEETING
AUGUST 15, 2012
Mayor Page called the Regular Meeting to order at 7:03 p.m. and led the Pledge of
Allegiance.
ROLL CALL
PRESENT Council Members Manny Cappello, Howard Miller, Emily Lo,
Vice Mayor Jill Hunter, Mayor Chuck Page
ABSENT: None
ALSO PRESENT: Dave Anderson, City Manager
Richard Taylor, City Attorney
Crystal Morrow, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance and Administrative Services Director
James Lindsay, Community Development Director
Michael Taylor, Recreation and Facilities Director
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Morrow reported that pursuant to Gov’t. Code 54954.2, the agenda for
this meeting was properly posted on August 10, 2012.
REPORT FROM CLOSED SESSION
Mayo r Page stated that there was nothing to report from Closed Session.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Lon Saavedra and members of the Hakone Foundation provided a summary of the City
Council’s Joint Meeting with the Hakone Foundation.
Ron Hills thanked the members of the Council and staff for their work on redefining
“impervious surface” in the City’s Code.
Oral Communications - Council Direction to Staff
None
Communications from Boards and Commissions
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Parks and Recreation Commissioner Vita Bruno shared that there will be a Let’s Walk
event on August 25, 2012 at Villa Montalvo and invited Saratoga residents and the
Council to attend.
Council Direction to Staff
None
ANNOUNCEMENTS
Vice Mayor Hunter announced Stride for Susie on August 26, 2012 in memory of
Council Member Susie Nagpal. Vice Mayor Hunter also shared that the annual
Bollywood Dance will be held on August 26, 2012 from 5:00 p.m. to 8:00 p.m. in the
Village.
Council Member Miller shared that the fall Saratoga Recreation Activity Guide is
available and a variety of classes are available.
Council Member Cappello announced that Celebrate Saratoga will be on September 16,
2012 from noon to 7:00 p.m.
Mayor Page invited the public to the Noh Play at Hakone Gardens on August 28, 2012
and the Autumn Opera at Hakone on September 7, 2012. He also shared that the City of
Sunnyvale will be celebrating its 100th birthday on August 25 and 26. Information is
available at http://www.sunnyvale100.com/.
CEREMONIAL ITEMS
1. Commendation for 20th Annual World Breastfeeding Week
Recommended action:
Read and present commendation.
Mayor Page recognized August 1 – 7, 2012 as Breastfeeding Week in the City of
Saratoga.
CONSENT CALENDAR
2. City Council Meeting Minutes
Recommended action:
Approve City Council minutes for the Special Meeting on July 17, 2012 and the
Regular Meeting on July 18, 2012.
Mayor Page removed this item from Consent Calendar to note he asked the City
Clerk to correct a typographical error in the minutes for July 18, 2012.
CAPPELLO/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES
FOR THE SPECIAL MEETING ON JULY 17, 2012 AND THE REGULAR
MEETING ON JULY 18, 2012. MOTION PASSED 5-0-0.
3. Review of Accounts Payable Check Register
Recommended action:
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Review and accept check registers for the following accounts payable payment
cycles:
7/11/2012 - Period 13
7/11/2012 - Period 1
7/18/2012 - Period 13
7/18/2012 - Period 1
7/24/2012 - Period 13
7/24/2012 - Period 1
8/1/2012 - Period 13
8/1/2012 - Period 1
CAPPELLO/LO MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES:
7/11/2012 - PERIOD 13
7/11/2012 - PERIOD 1
7/18/2012 - PERIOD 13
7/18/2012 - PERIOD 1
7/24/2012 - PERIOD 13
7/24/2012 - PERIOD 1
8/1/2012 - PERIOD 13
8/1/2012 - PERIOD 1
MOTION PASSED 5-0-0.
4. Contract for Storm Drain Maintenance Services
Recommended action:
Approve the contract with West Valley Sanitation District for Storm Drain
Maintenance Services and authorize the City Manager to execute the same.
CAPPELLO/LO MOVED TO APPROVE THE CONTRACT WITH WEST
VALLEY SANITATION DISTRICT FOR STORM DRAIN MAINTENANCE
SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME. MOTION PASSED 5-0-0.
5. Highway 9 Safety Improvement Project Phase III, Austin Way – Construction
Contract Amendment.
Recommended action:
Approve an Amendment to the existing construction contract with Granite Rock
Company DBA, Pavex Construction Division for additional work for the Highway 9
Safety Improvement Project Phase III – Austin Way in the amount of $69,146.26 and
authorize the City Manager to execute the same.
CAPPELLO/LO MOVED TO APPROVE AN AMENDMENT TO THE
EXISTING CONSTRUCTION CONTRACT WITH GRANITE ROCK
COMPANY DBA, PAVEX CONSTRUCTION DIVISION FOR ADDITIONAL
WORK FOR THE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT
PHASE III – AUSTIN WAY IN THE AMOUNT OF $69,146.26 AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION
PASSED 5-0-0.
6. Landscape Maintenance Contract – Gachina Landscape Management
Recommended action:
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Approve a two-year contract with Gachina Landscape Management for monthly
landscape maintenance services in the amount of $67,824 per year and authorize City
Manager to execute the same.
Vice Mayor Hunter removed this item from consent to request additional information.
HUNTER/MILLER MOVED TO APPROVE A TWO-YEAR CONTRACT
WITH GACHINA LANDSCAPE MANAGEMENT FOR MONTHLY
LANDSCAPE MAINTENANCE SERVICES IN THE AMOUNT OF $67,824
PER YEAR AND AUTHORIZE CITY MANAGER TO EXECUTE THE
SAME. MOTION PASSED 5-0-0.
7. Landscape Maintenance Contract – Loral Landscaping, Inc.
Recommended action:
Approve a two-year contract with Loral Landscaping, Inc. for monthly landscape
maintenance services in the amount of $29,820 per year and authorize City Manager
to execute the same.
Vice Mayor Hunter removed this item from consent to request additional information.
HUNTER/MILLER MOVED TO APPROVE A TWO-YEAR CONTRACT
WITH LORAL LANDSCAPING, INC. FOR MONTHLY LANDSCAPE
MAINTENANCE SERVICES IN THE AMOUNT OF $29,820 PER YEAR AND
AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION
PASSED 5-0-0.
8. Electric Vehicle Charging Stations – Notice of Completion
Recommended action:
Move to accept the Electric Vehicle Charging Stations Project as complete and
authorize the City Manager to sign the Notice of Completion for the construction
contract.
Council Member Miller removed this item from the Consent Calendar to request
additional information about the Electric Vehicle Charging Stations.
MILLER/HUNTER MOVED TO ACCEPT THE ELECTRIC VEHICLE
CHARGING STATIONS PROJECT AS COMPLETE AND AUTHORIZE THE
CITY MANAGER TO SIGN THE NOTICE OF COMPLETION FOR THE
CONSTRUCTION CONTRACT. MOTION PASSED 5-0-0.
9. Authorization to Purchase 2012 Caterpillar 246CQ Skid Steer Loader in the Amount
of $48,316.06 from Peterson Tractor of San Leandro
Recommended action:
Move to approve authorization to purchase 2012 Caterpillar 246CQ Skid Steer
Loader in the amount of $48,316.06 from Peterson Tractor of San Leandro.
CAPPELLO/LO MOVED TO APPROVE AUTHORIZATION TO PURCHASE
2012 CATERPILLAR 246CQ SKID STEER LOADER IN THE AMOUNT OF
$48,316.06 FROM PETERSON TRACTOR OF SAN LEANDRO. MOTION
PASSED 5-0-0.
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PUBLIC HEARINGS
10. Ordinance Amendment ZOA12-0008; City of Saratoga - Amendments to Article 7-30
(Noise Control) and Section 15-19.050 (C-H District) of the City Code Establishing
New Regulations for Outdoor Music
Recommended action:
Conduct a public hearing. Introduce and waive the first reading of the ordinance
modifying Articles 7-30 (Noise Control) and 15-19.050 (C-H District) by establishing
new regulations for outdoor music, and direct staff to place the ordinance on the
consent calendar for adoption at the next regular meeting of the City Council.
Community Development Director James Lindsay presented the staff report on the
item.
The Council invited Planning Commissioner Tina Walia to speak on the Planning
Commission’s recommendation.
Planning Commissioner Tina Walia addressed the Council and answered Council
questions.
The Council invited Lieutenant Don Morrissey to speak.
Lieutenant Don Morrissey spoke and answered Council questions.
Mayor Page invited public comment.
The following people requested to speak:
Kathy Fitzsimmons spoke in opposition to the ordinance amendment.
Chris Vasquez spoke in support of the ordinance amendment.
Susanne Frontz spoke in support of the ordinance amendment.
Angela Cesari spoke in support of the ordinance amendment.
Laura Harris raised concerns about enforcement or the proposed ordinance and
impact on Village residents.
Stan Bogosian spoke in opposition to the proposed ordinance.
Nahm Lee spoke in opposition to the proposed ordinance.
Matt Ryan spoke in support of the proposed ordinance.
Jeff Wyatt spoke in support of the proposed ordinance.
Michael Martella spoke in support of the proposed ordinance.
Marc Hoffman spoke in support of the proposed ordinance.
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Debra Cummins spoke in support of the proposed ordinance.
Michael Michaued spoke in support of the proposed ordinance.
Michael Shadman spoke in support of the proposed ordinance.
Kathleen Casey spoke in opposition to the proposed ordinance.
Yvonne Mendy spoke in support of the proposed ordinance.
No one else requested to speak.
Mayor Page closed the public comment period.
CAPPELLO/MILLER MOVED TO INTRODUCE AND WAIVE THE FIRST
READING OF THE ORDINANCE MODIFYING ARTICLES 7-30 (NOISE
CONTROL) AND 15-19.050 (C-H DISTRICT) BY ESTABLISHING NEW
REGULATIONS FOR OUTDOOR MUSIC AND DIRECT STAFF TO PLACE
THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT
THE NEXT REGULAR MEETING OF THE CITY COUNCIL WITH THE
FOLLOWING MODIFICATIONS:
- REMOVE PROVISIONS IN ORDINANCE THAT REGULATE
OUTDOOR MUSIC PERMITS BY BLOCK
- REMOVE PROVISIONS IN THE ORDINANCE THAT RESTRICT
OUTDOOR MUSIC TO MAY 1 THROUGH OCTOBER 31
- CHANGE THE DISTANCE AT WHICH MUSIC IS MEASURED FROM 5-
FEET TO 25-FEET
- IMPLEMENT THE ORDINANCE IMMEDIATELY ONCE IT BECOMES
EFFECTIVE
Council Member Miller requested a friendly amendment to the motion to include
provisions in the ordinance that regulate Outdoor Music Permits by block.
Council Member Cappello accepted the amendment.
CAPPELLO/MILLER MOVED TO INTRODUCE AND WAIVE THE FIRST
READING OF THE ORDINANCE MODIFYING ARTICLES 7-30 (NOISE
CONTROL) AND 15-19.050 (C-H DISTRICT) BY ESTABLISHING NEW
REGULATIONS FOR OUTDOOR MUSIC AND DIRECT STAFF TO PLACE
THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT
THE NEXT REGULAR MEETING OF THE CITY COUNCIL WITH THE
FOLLOWING MODIFICATIONS:
- REMOVE PROVISIONS IN THE ORDINANCE THAT RESTRICT
OUTDOOR MUSIC TO MAY 1 THROUGH OCTOBER 31
- CHANGE THE DISTANCE AT WHICH MUSIC IS MEASURED FROM 5-
FEET TO 25-FEET
- IMPLEMENT THE ORDINANCE IMMEDIATELY ONCE IT BECOMES
EFFECTIVE
MOTION PASSED 5-0-0.
At 9:55 p.m., Mayor Page called for a break.
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At 10:05 p.m., Mayor Page reconvened the meeting.
11. Application ANX10-0002 & ZOA09-0009; 22600 Mount Eden Road; Garrod Trust -
Annexation of 70 acres of property in the vicinity of 22600 Mount Eden; adoption of
a Development Agreement, application of the AP/OS Overlay Zoning over 68 acres,
and a Combined Williamson Act Contract on Garrod Trust property
Recommended action:
1. Adopt the attached resolution amending Resolution No. 10-068 initiating
annexation of property located in the area of 22600 Mount Eden Road to include two
additional properties (totaling approximately two additional acres) located at 22541
and 22627 Mount Eden Road to the list of properties to be annexed;
2. Adopt the attached resolution approving annexation of property in the area of
22600 Mount Eden Road which includes:
•A combined Williamson Act Contract for the approximately 120 acre Garrod Trust
Property by rescission of existing County and City Contracts and simultaneous
reentry into a new Williamson Act Contract over the entirety of the Garrod Trust
Property.
•A Zoning Amendment to add Agricultural Preserve/Open Space (“AP/OS”) Overlay
Zoning on Garrod Trust Property proposed for annexation to the City of Saratoga.
•A Development Agreement that recognizes existing structures, land uses, and lot
coverage on entire 120-acre Garrod Trust Property as conforming and establishes
parameters for the continuing use of the Garrod Trust Property.
3. Introduce and waive the first reading of the ordinances applying AP/OS Overlay
Zoning and the Development Agreement as set forth above and direct staff to place
the ordinances on the consent calendar for adoption at the next regular meeting of the
City Council.
Community Development Director James Lindsay presented the staff report.
The Council invited Jan Garrod to speak.
Jan Garrod addressed the Council and answered Council questions.
Mayor Page invited public comment on the item.
No one requested to speak.
RESOLUTIONS. NO. 12-048 AND 12-049
MILLER/HUNTER MOVED TO:
1. ADOPT THE ATTACHED RESOLUTION AMENDING RESOLUTION
NO. 10-068 INITIATING ANNEXATION OF PROPERTY LOCATED IN THE
AREA OF 22600 MOUNT EDEN ROAD TO INCLUDE TWO ADDITIONAL
PROPERTIES (TOTALING APPROXIMATELY TWO ADDITIONAL
ACRES) LOCATED AT 22541 AND 22627 MOUNT EDEN ROAD TO THE
LIST OF PROPERTIES TO BE ANNEXED;
2. ADOPT THE ATTACHED RESOLUTION APPROVING ANNEXATION
OF PROPERTY IN THE AREA OF 22600 MOUNT EDEN ROAD WHICH
INCLUDES:
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•A COMBINED WILLIAMSON ACT CONTRACT FOR THE
APPROXIMATELY 120 ACRE GARROD TRUST PROPERTY BY
RESCISSION OF EXISTING COUNTY AND CITY CONTRACTS AND
SIMULTANEOUS REENTRY INTO A NEW WILLIAMSON ACT
CONTRACT OVER THE ENTIRETY OF THE GARROD TRUST
PROPERTY.
•A ZONING AMENDMENT TO ADD AGRICULTURAL PRESERVE/OPEN
SPACE (“AP/OS”) OVERLAY ZONING ON GARROD TRUST PROPERTY
PROPOSED FOR ANNEXATION TO THE CITY OF SARATOGA.
•A DEVELOPMENT AGREEMENT THAT RECOGNIZES EXISTING
STRUCTURES, LAND USES, AND LOT COVERAGE ON ENTIRE 120-
ACRE GARROD TRUST PROPERTY AS CONFORMING AND
ESTABLISHES PARAMETERS FOR THE CONTINUING USE OF THE
GARROD TRUST PROPERTY.
3. INTRODUCE AND WAIVE THE FIRST READING OF THE
ORDINANCES APPLYING AP/OS OVERLAY ZONING AND THE
DEVELOPMENT AGREEMENT AS SET FORTH ABOVE AND DIRECT
STAFF TO PLACE THE ORDINANCES ON THE CONSENT CALENDAR
FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY
COUNCIL. MOTION PASSED 5-0-0.
12. Ordinance Amendment ZOA12-0007; City of Saratoga - Zoning Ordinance
Amendment Establishing Design Review Findings for Wireless Telecommunications
Facilities
Recommended action:
Conduct a public hearing. Introduce and waive the first reading of the ordinance
adding Article 15-44 (Wireless Telecommunications Facilities) to the City Code, and
direct staff to place the ordinance on the consent calendar for adoption at the next
regular meeting of the City Council.
Community Development Director James Lindsay presented the staff report.
Mayor Page invited public comment on the item.
Planning Commission Chair Tina Walia spoke.
No one else requested to speak.
MILLER/CAPPELLO MOVED TO INTRODUCE AND WAIVE THE FIRST
READING OF THE ORDINANCE ADDING ARTICLE 15-44 (WIRELESS
TELECOMMUNICATIONS FACILITIES) TO THE CITY CODE AND
DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT
CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF
THE CITY COUNCIL WITH THE FOLLOWING MODIFICATIONS TO
THE ORDINANCE:
- ADD THE WORDS “OR LOCATED ON A STRUCTURE” BEFORE THE
WORDS “OR AN EXISTING UTILITY POLE/TOWER” IN 15-44.025(A);
AND
- ADD THE WORD “REASONABLY” BEFORE THE WORDS
“COMPATIBLE HEIGHT” IN 15-44.025(B)(5).
MOTION PASSED 5-0-0.
18
9
At this time, Mayor Page moved to Item 14.
13. Ordinance Amendment ZOA12-0006; City of Saratoga - Miscellaneous City Code
Updates and Code Readoption Including Conforming Amendments to Design
Guidelines.
Recommended action:
Conduct a public hearing. Introduce and waive the first reading of the attached
ordinance amending various sections of the City Code and readopting the Code and
direct staff to place the ordinance on the consent calendar for adoption at the next
regular meeting of the City Council. Adopt the attached resolution amending the
Gateway and Village Design Guidelines to conform to the City Code.
After concluding discussion on Item 14, Mayor Page returned to Item 13 at
approximately 11:10 p.m.
Community Development Director James Lindsay presented the staff report.
Mayor Page invited public comment.
No one requested to speak.
MILLER/CAPPELLO MOVED TO INTRODUCE AND WAIVE THE FIRST
READING OF THE ATTACHED ORDINANCE, WITH THE EXCEPTION
OF THE LANGUAGE ON ENCLOSED ACCESSORY STRUCTURES
LOCATED WITHIN REAR SETBACKS, AMENDING VARIOUS SECTIONS
OF THE CITY CODE AND READOPTING THE CODE; DIRECT STAFF TO
PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR
ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY
COUNCIL; AND ADOPT THE ATTACHED RESOLUTION AMENDING
THE GATEWAY AND VILLAGE DESIGN GUIDELINES TO CONFORM TO
THE CITY CODE.
Mayor Page requested a friendly amendment to the motion to include proposed
revisions to include Enclosed Accessory Structures Located within Rear Setbacks
regulations in the ordinance.
Council Member Miller and Council Member Cappello accepted the friendly
amendment to the motion.
MILLER/CAPPELLO MOVED TO INTRODUCE AND WAIVE THE FIRST
READING OF THE ATTACHED ORDINANCE AMENDING VARIOUS
SECTIONS OF THE CITY CODE AND READOPTING THE CODE; DIRECT
STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR
FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY
COUNCIL; AND ADOPT THE ATTACHED RESOLUTION AMENDING
THE GATEWAY AND VILLAGE DESIGN GUIDELINES TO CONFORM TO
THE CITY CODE. MOTION PASSED 5-0-0.
19
10
14. ANX12-0001 - Initiate Annexation of Unincorporated Islands and Authorize the
Submission to LAFCO of an Application to Modify the Urban Service Area
Boundary
Recommended action:
1. Conduct the public hearing.
2. Adopt a resolution to initiate annexation proceedings to consider annexation of
certain unincorporated islands currently located within the City’s Urban Service
Area.
3. Adopt a resolution authorizing staff to submit an application to LAFCO for
adjustments to the City’s Urban Service Area boundary.
Community Development Director James Lindsay presented the staff report.
Mayor Page invited public comment on the item.
The following person requested to speak:
Michael Davis was concerned about his project in the unincorporated islands.
No one else requested to speak.
RESOLUTIONS NO. 12-050 AND 12-051
MILLER/CAPPELLO MOVED TO ADOPT A RESOLUTION TO INITIATE
ANNEXATION PROCEEDINGS TO CONSIDER ANNEXATION OF
CERTAIN UNINCORPORATED ISLANDS CURRENTLY LOCATED
WITHIN THE CITY’S URBAN SERVICE AREA; AND ADOPT A
RESOLUTION AUTHORIZING STAFF TO SUBMIT AN APPLICATION TO
LAFCO FOR ADJUSTMENTS TO THE CITY’S URBAN SERVICE AREA
BOUNDARY. MOTION PASSED 5-0-0.
NEW BUSINESS
15. Launch of Nextdoor.com in Saratoga
Recommended action:
Provide direction to staff on whether to proceed with launching Nextdoor.com in the
City of Saratoga.
City Clerk Crystal Morrow presented the staff report.
MILLER/CAPPELLO MOVED TO LAUNCH NEXTDOOR.COM IN THE CITY
OF SARATOGA AND ENCOURAGED NEXTDOOR TO ADD
FUNCTIONALITY THAT ALLOWS NEIGHBORHOODS WITH COMMON
BOUNDARIES, THAT ARE IN CLOSE PROXIMITY TO ONE ANOTHER,
OR SHARE COMMON INTERESTS TO INTERACT AND COMMUNICATE
WITH ONE ANOTHER. MOTION PASSED 5-0-0.
16. 2012 Annual Conference Resolutions of League of California Cities
Recommended action:
20
11
Discuss the five resolutions from the League of California Cites to be voted upon at
the 2012 Annual League of California Cities Conference and provide the Voting
Delegate, Mayor Chuck Page, with recommendations on the resolutions.
Mayor Page introduced the item and requested input from members of the Council on
the resolutions to be voted upon at the League of California Cities Annual
Conference.
Council Member Cappello stated he had no opinion on resolution 1, was opposed to
resolution 2, and supported resolutions 3, 4, and 5.
Council Member Miller said he supported resolution 1, opposed resolution 2, and
supported resolutions 3, 4, and 5.
Council Member Lo said she was opposed to resolution 2 and in favor of the rest.
Vice Mayor Hunter said she was opposed to resolution 1 and 2 and in support of
resolution 3, 4, and 5.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
Hakone Foundation Board – The Hakone Foundation Board approved the Hakone
Master Plan.
Sister City – Mayor Page shared that he received a letter from the Mayor of Muko-Shi
about the Sister City Student Exchange Program.
West Valley Sanitation District – the Sanitation District met in July and will meet again
the week of August 20, 2012. The new Executive Director has started.
Vice Mayor Jill Hunter
Historical Foundation – on September 7, 2012, Train Authority Bruce MacGregor will
be speaking on the South Pacific Coast Railroad over the Santa Cruz Mountains.
KSAR Community Access TV Board – the last KSAR meeting was canceled.
SASCC – SASCC is working on an upcoming health fair.
Santa Clara Valley Water District Commission – Vice Mayor Hunter attended the Water
District Commission meeting on behalf of Council Member Miller.
Council Member Emily Lo
Library Joint Powers Authority – at the last Library Joint Powers Authority meeting, a
contract for construction of a new administration building was approved.
Sister City Liaison – there was a reception for the Sister City Student Exchange Program
on Friday, August 10, 2012.
Council Member Howard Miller
Valley Transportation Authority PAC – at the last meeting, extension of BART to Santa
Clara County was discussed. Additionally, Council Member Miller requested a
presentation from VTA on Express Lanes at a future City Council Meeting.
Council Member Manny Cappello
Chamber of Commerce – the Chamber is very busy at the moment. The Oaks Lodge and
Saratoga County Club have joined the Destination Saratoga effort. Additionally, the
21
12
Village Market Place is ongoing and Celebrate Saratoga will be on September 16, 2012.
The next Chamber mixer will be in October at West Valley College.
Santa Clara County Emergency Council – at the last meeting, the allocations of annual
emergency performance grants were discussed.
Sister City – the Muko delegation will be visiting Saratoga in November.
CITY COUNCIL ITEMS
Mayor Page announced that because the City has only 2 nominees for the 2 offices to be
voted upon at the November 2012 General Municipal Election, the Council may call a
special meeting to discuss appointment of the 2 nominees. Mayor Page asked if any
members of the Council would like to schedule a special meeting to discuss appointment
of the nominees. No one requested a special meeting.
CITY MANAGER’S REPORT
None
ADJOURNMENT
MILLER/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT 12:16
A.M. MOTION PASSED 5-0-0.
Minutes respectfully submitted:
Crystal Morrow, City Clerk
22
Dave Anderson
Mary Furey Mary Furey
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
8/7/2012 - Period 13 8/21/2012 - Period 13
8/7/2012 - Period 1 8/21/2012 - Period 1
8/14/2012 - Period 13 8/28/2012 - Period 1
8/14/2012 - Period 1
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
8/7/12 120846 120859 14 63,279.13 08/07/12 8/1/12 120845
8/7/12 120860 120903 44 92,834.75 08/07/12 8/1/12 120859
8/14/12 120904 120910 7 185,936.36 08/14/12 8/7/12 120903
8/14/12 120911 120957 47 71,953.24 08/14/12 08/07/12 120910
8/21/12 120958 120960 3 95,712.18 08/21/12 08/14/12 120957
8/21/12 120961 121019 59 771,934.47 08/21/12 08/14/12 120960
8/28/12 121020 121061 42 214,839.33 08/28/12 08/21/12 121019
Date Check # Issued to Dept.Amount
8/7/12 120853 PW 30,772.48
8/14/12 120904 PW 121,009.50
8/14/12 120909 Non-Deptl 27,923.67
08/14/12 120910 PW 30,369.27
08/14/12 120925 PW 29,219.00
08/21/12 120958 Non-Deptl 95,558.04
08/21/12 120966 PW 20,860.00
08/21/12 120971 Non-Deptl 40,329.35
08/21/12 120975 PW 55,964.00
08/21/12 120979 PW 182,090.68
08/21/12 120996 Public Safety 346,137.83
08/21/12 1201001 PW 38,010.56
08/28/12 121025 PW 99,000.00
08/28/12 121033 PW 44,797.00
Village Pedestrian
General Legal Services
Ending
Check #
Prior Check Register
Checks
Released
Titus Corner Imprv
West Valley Sanitation General
Law Enforcement Serv
REJ Electric CIP - Facilities Electric Vehicle Stations
Central California Solar CIP - Facilities Library Solar
Clean Water Pgm Qtr 4
Granite Rock CIP - Streets Highway 9 Safety
Fruitvale/Quito/McCoy
DEPT. DIRECTOR:
CIP - Streets Mt Eden Repairs
Matt Novakovich General Orchard Maintenance
Duran & Venebles
Accounts Payable checks issued for $20,000 or greater:
Fund Purpose
Amland Corp CIP - Streets
PREPARED BY:
Accounts Payable
SCC Sheriffs General
Accounts Payable
Shute Mihaly Weinberg
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
SARATOGA CITY COUNCIL
MEETING DATE:September 5, 2012 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
Total
Checks AmountType of Checks Date
Starting
Check #
George Bianchi Const CIP - Streets
KSAR General PEG Fees Pass-Thru
Campbell Union HSD General Spring 2012 Field Rentl
Comp Shared Risk Pool Workers Comp Annual WC Premium
Duran & Venebles CIP - Streets
23
AP Date Check #Amount
5/1/2012 120052 Payee never recvd check Void - reissue 1,979.45
8/14/12 120907 Check printing error Void -
8/14/12 120908 Check printing error Void - reissue 27,923.67
08/21/12 120960 Check printing error Void - reissue 190.27
08/28/12 121020 Check printing error Void - reissue 1,152.00
Period 13 Period 1 Period 13 Period 1 Period 13
Fund #08/07/12 08/07/12 08/14/12 08/14/12 08/21/12 Total
111 General Fund 45,949.50 36,390.28 58,292.94 28,600.20 95,664.28 264,897.20
231 Village Lighting 2,345.81 515.99 2,861.80
232 Azule Lighting 239.28 239.28
233 Sarahills Lighting 251.70 251.70
241 Arroyo de Saratoga Landscape 76.43 76.43
242 Bonnet Way Landscape 1,130.76 1,130.76
243 Carnelian Glen -
244 Cunningham/Glasgow Landscape 36.82 36.82
245 Fredericksburg Landscape 36.82 36.82
246 Greenbriar Landscape 599.07 599.07
247 Kerwin Ranch Landscape -
248 Leutar Court Landscape 147.31 147.31
249 Manor Drive Landscape -
251 McCartysville Landscape 19.50 434.97 454.47
252 Prides Crossing Landscape 54.39 518.70 573.09
253 Saratoga Legends Landscape -
254 Sunland Park Landscape -
255 Tricia Woods Landscape 9.53 182.98 192.51
271 Beauchamps Landscape 51.55 51.55
272 Bellgrove Landscape 427.33 4,075.34 4,502.67
273 Gateway Landscape 4.41 22.04 626.23 652.68
274 Horseshoe Landscape/Lighting 9.70 9.70
275 Quito Lighting 1,114.18 6,620.00 387.43 8,121.61
276 Tollgate LLD 31.89 63.77 95.66
277 Village Commercial Landscape -
411 CIP Street Projects 11,719.30 6,125.21 13,879.79 29,219.00 60,943.30
412 CIP Park & Trail Projects 3,364.96 8,416.46 11,781.42
413 CIP Facility Projects 3,735.00 680.00 4,415.00
414 CIP Admin Projects 499.38 248.57 747.95
421 Tree Fund -
431 Grant Fund - CIP Streets 107,129.71 107,129.71
432 Grant Fund - Parks & Trails -
433 Grant Fund - Facilities -
434 Grant Fund - Admin Projects 520.00 520.00
481 Gas Tax Fund -
611 Liability/Risk Mgt -
612 Workers' Comp 1,172.05 1,172.05
621 Office Support 254.65 594.20 17.77 47.90 914.52
622 IT Services 1,271.18 595.21 60.04 1,926.43
623 Vehicle & Equipment Maint 2,525.89 13.92 2,539.81
624 Building Maintenance 683.24 14,013.59 3,838.81 18,535.64
631 14,158.70 14,158.70
632 -
63,279.13 92,834.75 185,936.36 71,953.24 95,712.18 509,715.66
Issued to Reason
Alcatraz Cruises
Reed & Graham
TOTAL
Fund Description
Vehicle & Equipment Replacement
Status
IT Equipment Replacement
Cash reductions by fund:
n/a
Shute Mihaly & Weinberger
Joseph Joette
Accounts Payable checks voided during this time period:
24
Period 1 Period 1
Fund #08/21/12 08/28/12 Total
111 General Fund 406,704.69 55,727.78 462,432.47
231 Village Lighting 22.39 22.39
232 Azule Lighting -
233 Sarahills Lighting -
241 Arroyo de Saratoga Landscape -
242 Bonnet Way Landscape -
243 Carnelian Glen -
244 Cunningham/Glasgow Landscape -
245 Fredericksburg Landscape -
246 Greenbriar Landscape -
247 Kerwin Ranch Landscape -
248 Leutar Court Landscape -
249 Manor Drive Landscape -
251 McCartysville Landscape 236.08 236.08
252 Prides Crossing Landscape -
253 Saratoga Legends Landscape -
254 Sunland Park Landscape -
255 Tricia Woods Landscape -
271 Beauchamps Landscape -
272 Bellgrove Landscape 30.80 30.80
273 Gateway Landscape -
274 Horseshoe Landscape/Lighting -
275 Quito Lighting -
276 Tollgate LLD -
277 Village Commercial Landscape -
311 Library GO Bond Debt Service 500.00 500.00
411 CIP Street Projects 59,761.02 46,784.96 106,545.98
412 CIP Park & Trail Projects 380.00 380.00
413 CIP Facility Projects 38,091.84 99,824.00 137,915.84
414 CIP Admin Projects -
421 Tree Fund -
431 Grant Fund - CIP Streets 188,742.04 1,740.00 190,482.04
432 Grant Fund - Parks & Trails 3,594.00 3,594.00
433 Grant Fund - Facilities 1,275.00 1,275.00
434 Grant Fund - Admin Projects -
481 Gas Tax Fund 29,211.00 29,211.00
611 Liability/Risk Mgt -
612 Workers' Comp 40,329.35 40,329.35
621 Office Support 2,113.34 2,113.34
622 IT Services 740.13 5,874.85 6,614.98
623 Vehicle & Equipment Maint 3,819.18 3,819.18
624 Building Maintenance 1,271.35 1,271.35
632 -
771,934.47 214,839.33 - - - 986,773.80
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
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.
IT Equipment Replacement
TOTAL
Cash reductions by fund:
Fund Description
25
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45
MEETIN
DEPART
PREPAR
SUBJEC
RECOM
Review an
REPORT
California
the legisla
Municipa
the City T
Sectio
Clerk
file a
The follo
collective
the State T
FISCAL
Cash and
As of Jun
with LAIF
flow purp
allowed to
exceeds th
NG DATE:
TMENT:
RED BY:
T: Treasur
MENDED A
nd accept the
T SUMMARY
a government
ative body a w
l Code of the
Treasurer.
on 41004. R
k a written rep
copy with the
wing attachm
ely as well as
Treasurer’s O
IMPACT
d Investments
e 30, 2012, th
F. Council P
poses, to avo
o fall below $
he minimum
SA
September 5,
Finance & A
Ann Xu, Acc
rer’s Report
ACTION
Treasurer’s R
Y
t code section
written report
e City of Sara
Regularly, at l
port and accou
e legislative b
ments provide
specifically f
Office of Quar
s Balance by F
he City had $2
Policy on ope
id occurrence
$2,000,000.
limit required
Unrestrict
Comerica
Deposit wi
Total Unr
ARATOGA
, 2012
Administrative
countant
for the Mont
Report for the
n 41004 requ
and accounti
atoga, Article
east once eac
unting of all
body.
e various fina
for the City’s
rterly LAIF ra
Fund
291,342 in ca
erating reserv
e of dry peri
The total poo
d.
ted Cash
Bank
ith LAIF
restricted Ca
Cas
A CITY C
e Services
th Ended Jun
e month ende
ires that the C
ing of all rece
e 2-20, Sectio
ch month, the
receipts, disb
ancial transac
General (Op
ates from the
ash deposit at
ve funds, adop
od financing
oled cash bala
ash
s h Summary
OUNCIL
AGENDA
CITY M
DIRECT
ne 30, 2012
d June 30, 20
City Treasure
eipts, disburse
on 2-20.035 d
e City Treasu
bursements, a
ction data for
perating) Fund
1st Quarter of
Comerica ba
pted on Apri
, pooled cash
ance as of Jun
29$
15,39$
15,686$
A ITEM:
MANAGER:
TOR: Mary F
012.
er submit to t
ements, and f
designates th
urer shall subm
and fund balan
r the City of
d, including a
f 1977 to pres
ank, and $15,3
l 20, 1994, st
h from all fu
ne 30, 2012 i
91,342
94,910
6,252
Dave Ander
Furey
the City Cler
fund balances
e City Manag
mit to the Cit
nces. He sha
f Saratoga’s F
an attachment
sent.
394,910 on de
tates that: for
unds should n
is $15,686,25
rson
rk and
. The
ger as
ty
all
Funds
t from
eposit
r cash
not be
52 and
46
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.
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.
Total Unrestricted Cash 15,686,252$
Plus: Assets 2,214,585
Less: Liabilities (2,653,827)
Ending Fund Balance 15,247,010$
Adjusting Cash to Ending Fund Balance
47
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
48
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/11
Increase/
(Decrease)
Jul-May
Current
Revenue
Current
Expenditure Transfers
Fund Balance
6/30/12
Restricted Fund Balances:
Environmental Services 513,182 - - - - 513,182
Committed Fund Balances:
Hillside Stability 500,000 - - - - 500,000
Assigned Fund Balances:
Capital Projects 500,000 - (160,000) 340,000
Carryforwards 326,900 - - - - 326,900
Unassigned Fund Balances:
Operations 2,903,522 - - - - 2,903,522
Economic Uncertainty 1,500,000 - - - - 1,500,000
Development Services 632,380 - - - - 632,380
Uncollected Deposits 44,791 - - - - 44,791
Other Unassigned 563,290 1,157,131 1,737,297 1,407,223 85,222 2,135,716
Subtotal 7,484,065 1,157,131 1,737,297 1,407,223 (74,778) 8,896,491
Special Revenue
Landscape/Lighting Districts 504,125 (19,989) 146,065 67,697 - 562,503
CDBG Federal Grants - - - - - -
SHARP Loan - - - - - -
Capital Project
Street Projects 1,906,037 (321,181) 101,244 166,000 181,412 1,701,513
Park and Trail Projects 959,923 (333,660) - 5,145 - 621,118
Facility Improvement Projects 942,051 (315,229) 4,276 142,207 4,818 493,708
Administrative Projects 147,329 (47,928) 25,000 14,512 19,511 129,400
Tree Fund 36,770 (2,425) - - - 34,345
CIP Grant Street Repair Projects (9,850) (185,016) 944,812 283,128 - 466,818
CIP Grant Park & Trail Projects (40,302) (127,356) 419,077 251,419 - -
CIP Grant Facility - (454) 2,029 1,575 - -
CIP Grant Administrative Projects 810 2,608 - 3,418 - -
Gas Tax Fund 532,645 (301,545) 75,254 103,049 (106,000) 97,305
Debt Service
Library Bond 850,657 (378,272) 390,356 326 - 862,414
Internal Service Fund
Liability/Risk Management 134,905 7,733 572 79,508 - 63,702
Workers Compensation 224,104 9,113 1,098 2,349 - 231,966
Office Support Services Fund 15,831 851 927 6,388 - 11,220
Information Technology Services 231,063 72,595 - 46,957 - 256,701
Equipment Maintenance 42,817 5,353 - 25,139 - 23,031
Building Maintenance 208,518 96,341 - 103,933 - 200,926
Equipment Replacement 331,373 105,715 - - - 437,088
Technology Replacement 185,567 20,748 - 24,592 (24,963) 156,760
Total City 14,688,436 (554,869) 3,848,008 2,734,566 - 15,247,010
49
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund
Balance
7/1/11
Increase/
(Decrease)
Jul-May
Current
Revenue
Current
Expenditure Transfers
Fund
Balance
6/30/12
Street Projects
Annual Street Resurfacing 383,676 9,417 101,244 107,343 (91,382) 295,612
Annual Street Restriping 57,102 71,143 - (12,625) (17,435) 123,434
Saratoga Ave Resurfacing 48,908 (31,052) - 17,855 - -
2010 VTA-STP Street Resurfacing 65,000 (65,000) - - - -
Roadway Safety & Traffic Calming 139,392 (26,963) - 12,673 50,000 149,756
Solar Power Radar Feedback Signs 14,558 (1,646) - - - 12,912
Highway 9 Safety Project - Phase II (Ped Paths) 90,999 (9,816) - 4,655 76,528
Highway 9 Safety Project - Phase III ( Bicycles) 35,033 (6,298) - 4,174 24,562
Highway 9 Safety Project - Phase IV - - - - 90,000 90,000
Prospect Road Median 537 - - - (537) -
Village Façade Program 978 - - - (978) -
Fruitvale Ave Medians - 90,000 - - - 90,000
Village LED Streetlights - (211) - 26,807 32,500 5,482
Annual Sidewalks Project 52,906 (98,393) - 675 50,000 3,838
Annual Storm Drain Upgrades 38,508 (84,872) - 487 60,000 13,149
El Quito Area Curb Replacement 37,553 - - - - 37,553
Village-Streetscape Improvements 313,991 (92,871) - - - 221,120
Monte Vista Storm Drain 1,082 - - - (1,082) -
Canyon View/Elva Storm Drain 35,000 (25,000) - - (10,000) -
Village-Phase II Design (2,273) - 3,780 33,290 27,236
Village-Phase II Construction 256,800 (32,500) - - 224,300
Fourth Street Bridge 100,000 - - - - 100,000
Quito Road Bridge Replacement Design 122,307 (14,846) - 174 - 107,287
Padero Erosion Mitigation 12,963 - - - (12,963) -
Quito Road Underground Project 98,744 - - - - 98,744
Total Street Projects 1,906,037 (321,181) 101,244 166,000 181,412 1,701,513
Parks & Trails
Park/Trail Repairs 17,681 9,897 - 5,145 25 22,459
Playground Safety Equipment 39,064 (18,986) - - - 20,078
Park Restroom Improvements 57,589 - - - - 57,589
Blaney Plaza Improvements 6,527 - - - - 6,527
Hakone Garden Matching Funds 250,000 - - - - 250,000
Hakone Garden Retaining Wall & D/W 137,379 - - - - 137,379
Hakone Garden Koi Pond 25 - - - (25) -
Hakone Garden Upper Moon House 125,000 - - - - 125,000
Ravenswood Playground Improvement 65,626 (63,540) - - - 2,086
EL Quito Park Improvements 10,999 (11,000) - - - -
Tank Trail Repair 31 (31) - - - -
Mid Pen O/S Land Purchase 250,000 (250,000) - - - -
Total Parks & Trails 959,923 (333,660) - 5,145 - 621,118
Facility Improvements
Facility Projects 129,448 (15,335) - (15,335) (21,035) 108,413
Security Locks 135 (3,258) - - 3,123 -
Electric Charging Stations 65,000 - - 21,600 - 43,400
City Hall Emergency Power Backup - (7,450) - 10,748 61,430 43,232
Window Replacements - (17,782) - - 17,782 -
Theater Improvement 65,899 (37,105) 5,460 (1,275) 35,529
Theater HAVC 5,893 (2,295) - - (3,597) -
Theater Sound System 4,863 (5,860) - - 998 -
Theater Door/Chairs Replacement - (4,802) - - 4,802 -
HVAC System Upgrade - (24,082) - - 24,082 -
Corp Yard Solar Project 85,337 (5,000) - - (80,337) -
Vehicle Structure 125,000 (73,725) - - (51,275) -
North Campus Improvements 120,446 (2,994) - 4,000 - 113,452
SPC IT Room Construction - (15,425) - - 15,425 -
Museum Electrical Upgrade - - - 15,410 27,878 12,468
Museum HVAC Unit Replacements - (5,542) - - 5,542 -
McWilliams House Improvements 4,435 - - - - 4,435
Library Improvements 20,000 (6,130) - - - 13,870
Library Improvements 315,596 (88,444) (1,184) 107,058 - 118,910
Total Facility Improvements 942,051 (315,229) 4,276 142,207 4,818 493,708
Administrative Projects
Financial System Upgrade 3,534 - - - - 3,534
PW Document Imaging Project 80,815 (6,151) - 1,057 73,607
CDD Document Imaging Project 22,907 (786) - - - 22,121
CMO Document Imaging Project 3,643 (2,678) - 1,454 10,000 9,510
Network Cabling - (12,963) - 12,000 24,963 -
IT Emergency Power Back Up 36,430 - - - (36,430) -
Village Façade Program - (350) - - 20,978 20,628
Total Administrative Projects 147,329 (47,928) 25,000 14,512 19,511 129,400
Tree Fund
Citywide Tree Planting Program 12,147 (1,052) - - - 11,096
Tree Dedication Program 24,623 (3,248) - - - 21,375
SMSCF Tree Donation Program - 1,875 - - - 1,875
Total Tree Fund 36,770 (2,425) - - - 34,345
CIP Grant Street Repair Projects (9,850) (185,016) 944,812 283,128 - 466,818
CIP Grant Park & Trail Projects (40,302) (127,356) 419,077 251,419 - -
CIP Grant Facility - (454) 2,029 1,575 - -
CIP Grant Administrative Projects 810 2,608 - 3,418 - -
Gas Tax Fund 532,645 (301,545) 75,254 103,049 (106,000) 97,305
Total CIP Funds 4,475,412 (1,631,733) 1,569,664 968,877 99,741 3,544,208
50
AT
CASH BA
TTACHMEN
ALANCE BY
NT C
Y MONTH
51
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 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 0.38 0.36
Quarterly Apportionment Rates
Local Ag ency Investment Fund
52
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: James Lindsay DIRECTOR: James Lindsay
SUBJECT: Ordinance Amendment ZOA12-0006; City of Saratoga - Miscellaneous City
Code Updates and Code Readoption.
RECOMMENDED ACTION:
Waive the second reading and adopt the ordinance amending various sections of the City Code
and readopting the Code.
REPORT SUMMARY:
On August 15, 2012, the City Council conducted a public hearing and introduced an ordinance
amending various sections of the City Code and readopting the Code. The Council directed staff
to place the matter on the consent calendar at the following meeting.
FOLLOW UP ACTION:
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within 15 days after its adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENT:
1. Ordinance
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1
ORDINANCE __________
AN ORDINANCE AMENDING CHAPTERS 2, 10, 14, 15, AND 16
AND READOPTING THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend certain sections of the City Code in order to
remedy internal ambiguities, clarify existing requirements, codify staff interpretations,
omit redundant terms and provisions, and amend grammatical and other errors.
2. Certain of the updates 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 June 13, 2012, recommended adoption of the updates to Chapter 15.
3. Section 1.A of this ordinance presents amendments to Chapter 15. Section 1.B presents
amendments to other sections of the Code required to conform to the amendments set
forth in section 1.A. Section 1.C includes amendments to other provisions of the City
Code concerning parliamentary procedure, the meeting time of the Planning Commission,
the powers of the City Manager, and special event permits. Section 1.D readopts the
remainder of the Code in its entirety.
4. The City Council of the City of Saratoga held a duly noticed public hearing on July 18,
2012, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
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., strikeout). Text in standard font remains unchanged by this ordinance.
A. Amendments to Chapter 15 Concerning Zoning Regulations
1. Amendment to Definition of Sign
15-06.610 - Sign.
See Section 15-30.020 in this Chapter for all definitions related to signs., sign area, sign height,
sign program, illuminated sign, and free standing sign, portable sign, identification sign,
construction sign, directional sign, gasoline price sign, open house sign, political sign, real estate
sign, special event sign and subdivision sign.
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2. Amendment to Definition of Corner Lot
15-06.420 - Lot.
"Lot" means a parcel of land consisting of a single lot of record.
(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as
recorded in the office of the County Recorder, or a legally created parcel of land described by
metes and bounds or shown on a parcel map which has been so recorded.
(b) Corner lot means a lot situated at the intersection of two (2) or more streets, or
bounded on two (2) or more connected sides by street lines. abutting the intersection of two or
more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight
lines drawn from the intersections of the lot lines with the street lines meet at an interior angle of
one hundred thirty-five degrees or less, or if the centerline of the street abutting the lot has an
interior angle over the distance of any curve of one hundred thirty-five degrees or less as
illustrated in Figure 1.
DELETE IMAGE
(c) Interior lot means a lot other than a corner lot.
(d) Flag lot means a lot having access to a street by means of a private driveway or corridor
of land not otherwise meeting the requirements of this Chapter for site width. The length of a
corridor access shall be measured from the frontage line to the nearest point of intersection with
that property line parallel or most nearly parallel to the frontage line.
(e) Hillside lot means a lot having an average slope of ten percent or greater.
(f) In-fill lot means a lot surrounded by other developed lots in at least three out of four
northern, southern, eastern or western directions.
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3
(g) Reversed corner lot means a corner lot, the side lot line of which is substantially a
continuation of the front lot line of the first lot to its rear.
(h) Double frontage lot means an interior lot having frontage on two parallel or
approximately parallel streets.
3. Amendment to Building Permit Requirement for Solid Fences Exceeding Six Feet in Height
15-29.010 - Height restrictions.
(a) General regulations. A building permit shall be required for any solid fence more than
six feet in height. (including lattice or similar material).
Height maximums and permitted
materials for fences shall be as follows:
(1) Solid fences. Except as otherwise specified in this Article, no solid fence shall exceed six
feet in height. However, up to two feet of lattice (or similar material) that is at least twenty-five
percent open to the passage of light and air may be added to the top of a solid fence. A solid
fence taller than six feet shall not be permitted unless approved by the Planning Commission
through the exception process detailed in [Section] section 15-29.080, or approved by the
Community Development Director pursuant to sections 15-29.030, 15-29.040, or 15-29.050 of
this Chapter.
(2) Open fences. Except as otherwise specified in this Article, open fencing, such as wrought
iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in
height. With the exception of chain link fencing, open fencing shall have openings sufficient to
allow the unobstructed passage of a sphere having a diameter of four inches. For chain link
fencing, the opening shall be two inches at minimum and no slats are allowed in any opening.
(b) Front setback area. No fence located within any required front setback area shall exceed
three feet in height.
(c) Exterior side setback area of reversed corner lots. No fence located within any
required exterior side setback area of a reversed corner lot shall exceed three feet in height.
(d) [Exceptions.]
The height limitations do not apply to the following circumstances:
(1) Wrought iron entrance gates within the front setback area, designed with openings to
permit visibility through the same, may extend to a height not exceeding five feet, and shall be
located a minimum of twenty feet from the edge of street pavement.
(2) Safety railings that are required by the California Building Code shall be excluded from
the height requirements of this Section.
(3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence
within a front setback area or within an exterior side setback area, may be permitted to a
maximum height of eight feet, a maximum width of five feet, and a maximum depth of five feet.
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4
(4) On any lot where the front setback area, or a portion thereof, of the subject property: (1)
does not have street frontage as defined by Section 15-06.290; and (2) the front lot line, or a
portion thereof, of the subject property abuts the side or rear setback area of an abutting property,
the maximum permitted fence height for a side or rear setback area shall be permitted within the
front setback area of the subject property where it abuts the side or rear setback area of an
abutting property.
(e) Street intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or
other similar element located within a triangle having sides fifty feet in length from a street
intersection, as measured from intersecting curblines or intersecting edges of the street pavement
where no curb exists, shall exceed three feet in height above the established grade of the
adjoining street.
(f) Driveway intersections. No fence, hedge, retaining wall, entryway element, pilaster,
gate, or other similar element located within a triangle having sides twelve feet in length from
either side of a driveway where it intersects with edge of pavement shall exceed three feet in
height above the established grade of the adjoining street. Protected trees described in section 15-
50.050 of this Code are not subject to this requirement.
(g) Vehicular obstructions. No fence, hedge, retaining wall, entryway element, or any other
similar element shall constitute an obstruction as provided for in City Code Section 10-05.030
(h) Recreational courts. Fencing around recreational courts shall comply with the
regulations contained in Section 15-80.030(c) of this Chapter.
(i) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in
relationship to the nature and style of the fence, may extend to a height of not more than two feet
above the height limit applicable to the fence containing such pilasters, but in no case shall the
height of pilasters exceed eight feet. If pilasters within the front setback area are attached to a
wrought iron entrance gate, the pilasters are permitted to a maximum height of seven feet.
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5
(j) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at
the entrance of driveways and sidewalks leading into a site. Not more than two such light
fixtures shall be installed at each driveway and sidewalk entrance.
(k) Swimming pool fences. Fences required for swimming pools are governed by City Code
Sections 16-75.010 and 15-29.020(e).
(l) Retaining walls. No retaining wall shall exceed five feet in height. Notwithstanding the
foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet
in height.
4. Amendment to Parking Requirement for Bicycles
15-35.045 - Schedule of bicycle parking.
Off-street bicycle parking for new development shall be provided in accordance with the
following schedule:
5. Amendment to Design Review Findings Pertaining to Protected Trees
15-45.080 - Design review findings.
The Planning Commission shall not grant design review approval unless it is able to make
the following findings:
(a) Avoid unreasonable interference with views and privacy. The height, elevations and
placement on the site of the proposed main or accessory structure, when considered with
reference to:
(1) The nature and location of residential structures on adjacent lots and within the
neighborhoods; and
(2) Community view sheds will avoid unreasonable interference with views and privacy.
(b) Preserve natural landscape. The natural landscape will be preserved insofar as
practicable by designing structures to follow the natural contours of the site and minimizing tree
and soil removal; grade changes will be minimized and will be in keeping with the general
appearance of neighboring developed areas and undeveloped areas.
(c) Preserve protected, native and heritage trees. All heritage trees (as defined in Section
15-50.020(l)) will be preserved. All protected and native trees as defined in designated for
protection pursuant to Section 15-50.050 will be preserved, or, given the constraints of the
Use Spaces Class
Retail establishments and financial institutions in all commercial
districts with the exception of the C-H zoning district.
1 per 2,000 sq. ft.
2
58
6
property, the number approved for removal will be reduced to an absolute minimum. Removal of
any smaller oak trees deemed to be in good health by the City Arborist will be minimized using
the criteria set forth in Section 15-50.080
(d) Minimize perception of excessive bulk. The proposed main or accessory structure in
relation to structures on adjacent lots, and to the surrounding region, will minimize the
perception of excessive bulk and will be integrated into the natural environment.
(e) Compatible bulk and height. The proposed main or accessory structure will be
compatible in terms of bulk and height with (1) existing residential structures on adjacent lots
and those within the immediate neighborhood and within the same zoning district; and (2) the
natural environment; and shall not (1) unreasonably impair the light and air of adjacent
properties nor (2) unreasonably impair the ability of adjacent properties to utilize solar energy.
(f) Current grading and erosion control methods. The proposed site development or
grading plan incorporates current grading and erosion control standards used by the City.
(g) Design policies and techniques. The proposed main or accessory structure will conform
to each of the applicable design policies and techniques set forth in the Residential Design
Handbook and as required by Section 15-45.055
6. Amendment to Temporary Use Permit Requirements (Sections 15-60.010 and 15-60.020
only)
15-60.010 - Temporary uses allowed by permit.
(a) For the purposes of this Article, the term "temporary use" means an activity described in
subsection (b) of this Section, whether profit or non-profit, conducted on public or private
property for a limited period of time. If such time does not exceed ten consecutive days or a total
of ten days within a thirty-day period, the application may be acted upon and a temporary use
permit issued by the Community Development Director; otherwise, the application shall be acted
upon by the Planning Commission.
(b) The following described temporary uses may be permitted in any zoning district in the City
upon the prior obtaining of a temporary use permit pursuant to this Article:
(1) Art shows.
(2) Craft shows.
(3) Antique shows.
(4) Outdoor sales on public or private property.
(5) Tours of heritage resources, as designated pursuant to Chapter 13 of this Code.
(6) Home tours.
59
7
(7) Fundraising activities conducted on a residential site for artistic, cultural, educational
or political purposes.
(8) Additional temporary uses added by the Planning Commission in accord with Section
15-60.050
(9) Temporary on-site and off-site signs in conjunction with the above uses.
15-60.030 - Issuance of use permit; conditions.
(a) The Community Development Director or the Planning Commission, as the case may be, may
grant a temporary use permit upon a finding that the temporary use is compatible with the
purposes and objectives of this Chapter, and in doing so shall impose such reasonable conditions
as circumstances may require, including, but not limited to, the following:
(1) A refundable clean-up deposit, in such amount as may be appropriate.
(2) Limitation on the length of time, the days of the week, and the hours of the day during
which the activity may be conducted.
(3) Approval by the County Health Department if food is to be sold in connection with
the activity.
(4) Approval by the Chief of the Fire District in which the activity will be conducted if
such activity involves any risk of fire, explosion, or other similar hazard.
(5) Approval by the Sheriff's Department if the activity requires any traffic or crowd
control or involves any potential threat to the public safety.
(6) Provision for sanitary facilities.
(7) Limitation on the size, number, location and duration of temporary signs advertising
the activity.
(b) The Community Development Director or the Planning Commission may deny any
application which is detrimental to the public health, safety or welfare or which is in conflict
with the objectives of this Chapter. Approval for the identical use by the same applicant shall not
be given more than once in a twelve-month period.
7. Amendment to Setback Requirement for Accessory Structures Located within Rear
Setbacks
15-80.030 - Special rules for accessory uses and structures in residential districts.
The following special rules shall apply to certain accessory uses and structures
in any A, R-1, HR, R-OS or R-M district:
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8
(a) Stables and corrals. Subject to approval by the Community Development Director, no
stable or corral, whether private or community, shall be located closer than fifty feet from any
property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the
site. In the HR district, no stable or corral shall be located closer than fifty feet from any stream
and the natural grade of a corral shall not exceed an average slope of fifteen percent.
(b) Swimming pools. Subject to approval by the Community Development Director, no
swimming pool or accessory mechanical equipment shall be located in a required front, side or
rear setback area, except as follows:
(1) A swimming pool and accessory mechanical equipment may be located within a required
rear setback area, but the water line of the swimming pool may be no closer than six feet from
any property line. Any portion of such swimming pool that is located outside of the rear setback
area shall comply with the side setback area requirements for the site.
(2) If the required minimum side setback area is more than ten feet, accessory mechanical
equipment may be located within such side setback area, but no closer than ten feet from the side
lot line.
(c) Recreational courts. Subject to approval by the Community Development Director,
recreational courts may be allowed, provided that such recreational courts shall comply with all
of the following restrictions, standards and requirements:
(1) The recreational court shall not exceed seven thousand two hundred square feet in area.
(2) The recreational court shall not be illuminated by exterior lighting.
(3) No direct opaque screening shall be utilized around any portion of the recreational court.
(4) No fencing for a recreational court shall exceed ten feet in height.
(5) No recreational court shall be located in a required front or side setback area. Such courts
may be located within a required rear setback area, but no closer than fifteen feet from any
property line.
(6) The natural grade of the area to be covered by the recreational court shall not exceed an
average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this
Chapter.
(7) The recreational court shall be landscaped, in accordance with a landscape plan approved
by the Community Development Director, so as to create a complete landscaping buffer from
adjoining properties within two years from installation. In addition, a bond, letter of credit or
other security, in such amount as determined by the Community Development Director, shall be
furnished to the City to guaranty the installation of the landscaping improvements in accordance
with the approved landscaping plan.
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(8) The recreational court shall be designed and located to minimize adverse impacts upon
trees, natural vegetation and topographical features and to avoid damage as a result of drainage,
erosion or earth movement.
(9) The recreational court shall be designed to preserve the open space qualities of hillsides,
creeks, public paths, trails and rights-of-way on or in the vicinity of the site.
(d) Enclosed accessory structures. No enclosed accessory structures shall be located in any
required setback area of any lot, except as follows:
(1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55,
cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be
located no closer than six feet from a side property line and the
rear property line of the rear
setback area and shall not exceed eight feet in height, plus one additional foot in height for
each three feet of setback from the rear property line in excess of six feet, up to a maximum
height of ten feet if the structure is still located within the required rear setback area.
(2) Subject to approval by the Community Development Director, garden sheds, structures
for housing swimming pool equipment and other enclosed structures of a similar nature, not
exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from
a side property line and the
rear property line of the rear setback area and shall not exceed six
feet in height, plus one additional foot in height for each additional foot of setback from the rear
property line in excess of six feet, up to a maximum height of ten feet if the structure is still
located within the required rear setback area. This subsection shall not apply to any structure
intended or used for the keeping of animals.
(e) Unenclosed garden structures. Subject to approval by the Community Development
Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work,
arbors and fountains, free-standing fireplaces and play structures may be located no closer than
six feet from a side or rear property line and shall not exceed eight feet in height, plus one
additional foot in height for each additional foot of setback from the side and rear property line
in excess of six feet, up to a maximum height of ten feet if the structure is still located within a
required side or rear setback area.
(f) Solar panels. Solar energy systems do not require any discretionary approval unless the
Building Official has a good faith belief that the solar energy system could have a specific,
adverse impact upon the public health and safety, in which case a solar energy system use permit
is required. Applications for such permits shall be acted upon by the Community Development
Director in accordance with California Health and Safety Code 17959.1.
(g) Outdoor cooking devices. Subject to approval by the Community Development
Director, permanent outdoor cooking devices, such as those constructed out of brick or masonry,
may be located no closer than six feet from the rear property line and shall not exceed eight feet
in height.
(h) Accessory structures in R-M district. Notwithstanding any other provisions of this
Section and subject to approval by the Community Development Director, accessory structures
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not exceeding fourteen feet in height may be located in a required rear setback area in any R-M
district, provided that not more than fifteen percent of the rear setback area shall be covered by
structures, and provided further, that on a reversed corner lot, an accessory structure shall not be
located closer to the rear property line than the required side setback area on the abutting lot and
not closer to the exterior side property line than the required front setback area of the abutting
lot.
(i) Referral to Planning Commission. With respect to any accessory structure requiring
approval by the Community Development Director, as described in subsections (a) through (h) of
this Section, the Director may refer the matter to the Planning Commission for action thereon
whenever the Director deems such referral to be necessary or appropriate.
(j) Exceptions to standards. The Planning Commission shall have authority to grant
exceptions to any of the regulations set forth in subsections (a) through (h) of this Section
pertaining to the size, height or required setback of an accessory structure in a side or rear
setback area, through the granting of a use permit for such accessory structure pursuant to Article
15-55 of this Chapter. The Planning Commission's authority shall not be subject to any
quantified limitations contained in subsections (a) through (h), except subsection (d)(1) which
already establishes quantified limitations on a use permit issued by the Planning Commission.
The Planning Commission's authority shall not extend to allowing an accessory structure in a
setback area where it is not expressly allowed under subsections (a) through (h).
(k) Emergency or stand-by generators. No emergency or stand-by generator shall be
allowed between the lot line and any required front, side or rear setback area setback line. All
emergency or stand-by generators shall be required to meet all applicable requirements of the
City Code including Article 7-30 concerning noise. Outside a required front, side, or rear setback
area, an emergency or stand-by generator may be permitted upon the granting of a conditional
use permit from the Planning Commission. Any application for such a permit must be
accompanied with information from the manufacturer documenting the noise generation
characteristics of the generator. A noise assessment study shall be prepared by a qualified
acoustical consultant for all proposed generators. The noise assessment study shall confirm the
generator meets all applicable requirements of the City Code including Article 7-30 concerning
noise. This restriction shall not apply to generators for which the owner provides evidence of
installation prior to July 1, 2004, provided, however, that removal of nonconforming generators
may be required as a condition of approval for any design review application involving
expansion or reconstruction of more than fifty percent of the main dwelling, as described in
Article 15-45.
(l) Heating, ventilation and air conditioning (HVAC) mechanical equipment. No HVAC
mechanical equipment shall be allowed between the lot line and any required front, side or rear
setback line. [Delete Paragraph Break] HVAC mechanical equipment shall be required to
meet all applicable requirements of the City Code including Article 7-30 concerning noise. This
restriction shall not apply to HVAC equipment for which the owner provides evidence of
installation prior to July 1, 2004, provided however, that removal of nonconforming HVAC
equipment may be required as a condition of approval for any design review application
involving expansion or reconstruction of more than fifty percent of the main dwelling, as
described in Article 15-45.
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8. Amendments to Early Warning Alarm System Requirements
15-80.090 - Early warning fire alarm system.
(a) Findings and purpose. The City Council finds and determines as follows:
(1) Utilization of current technology in the detection and warning of fire will significantly
enhance the level of protection from such hazard while at the same time maximizing the
effectiveness of existing equipment and facilities for emergency responses.
(2) Certain areas of the City have been designated as the Wildland-Urban Interface Fire Area
on the City's Wildland-Urban Interface Fire Area Map, which are defined as any land covered
with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a
fire originating upon such land would present an abnormally difficult job of suppression or
would result in great and unusual damage through fire or resulting erosion. The response time of
emergency equipment to calls for aid in the hazardous fire areas is impaired due to the
nonavailability of access to some portions of such areas, the existence of steep, narrow streets
and roadways located in such areas, the lack of connecting streets and roadways in such areas,
and the unusual topography of such areas. Further, the presence of heavy vegetation in the
Wildland-Urban Interface Fire Area increases the potential for the rapid spread of any fire which
may start in such areas, particularly during seasonal dry spells.
(3) A substantial portion of the new single-family dwellings being constructed in the City are
larger structures, typically in excess of five thousand square feet with three-car garages. By
reason of their size, a fire in these structures can be more difficult to extinguish.
(4) The risk of fire to persons and property within multi-family dwellings and structures
containing multiple sleeping units is proportionately greater because of the higher density of
occupants. Immediate warning of fire and notification to the Fire District of the existence and
location of fire will serve to reduce the possibility of death, injury and property damage.
(5) Because commercial buildings and community facilities are public gathering places, the
public health and safety risks of fire are particularly acute. Immediate warning of fire and
notification to the Fire District of the existence and location of fire will serve to reduce the
possibility of death, injury and property damage in these structures.
(6) The public safety and welfare may necessitate installation of an early warning fire alarm
system in a commercial structure or community facility, depending upon the facts and
circumstances to be evaluated by the Fire Chief in each individual case.
(7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan,
to require installation of an early warning fire alarm system as hereinafter provided in this
Section. The purpose of this Section is to implement such goal and policy.
(b) Mandatory requirement for installation of alarm system. As a condition for the
granting of design review approval or a use permit or variance under this Chapter, the approving
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authority shall require the installation of an early warning fire alarm system in accordance with
Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring
station in such manner as may be specified by the Saratoga Fire District, in each of the following
cases:
(1) All new single-family dwellings, commercial structures and community facilities located
within the designated Wildland-Urban Interface Fire Area.
(2) Any existing single-family dwelling, commercial structure or community facility which
is expanded by fifty percent or more in floor area and is located within the designated Wildland-
Urban Interface Fire Area.
(3) All new single-family dwellings, commercial structures and community facilities having
a floor area in excess of five thousand square feet.
(4) Any existing single-family dwelling, commercial structure or community facility which
is expanded by fifty percent or more in floor area which, after such expansion, will exceed five
thousand square feet in floor area.
(5) All new multi-family dwellings and other new structures having multiple sleeping units
including, but not limited to, hotels, motels, apartments, condominiums or other community
housing projects, institutional facilities, townhouses and nursing homesresidential structures
classified as "R" occupancies in the most recent version of the California Building Code
adopted by the
City of Saratoga, except R-3 occupancies which are not otherwise required to install the
early warning alarm system under Paragraphs (1), (2), (3) or (4) above.
(6) Any existing multi-family dwelling or other structure having multiple sleeping units such
homesresidential structure classified as an "R" occupancy, except an R-3 occupancy as
described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor
area.
(c) Discretionary requirement for certain commercial structures and community
facilities. Where an existing commercial structure or community facility is remodeled or the use
thereof is changed, and such commercial structure or community facility either: (1) has a floor
area in excess of five thousand square feet, or (2) regardless of size, is located within the
designated Wildland-Urban Interface Fire Area, then the Chief of the Fire District having
jurisdiction over the project, may require the installation of an early warning fire alarm system in
accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a
monitoring station in such manner as may be specified by the Saratoga Fire District. If the
requirement to install an alarm system is imposed, it shall be made a condition of the design
review approval or use permit or variance under this Chapter. The determination by the Fire
Chief shall be based upon any one or more of the following considerations:
(1) An occupant load increase of fifty percent or more.
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(2) New commercial cooking operations.
(3) Hazardous materials storage for which a permit is required.
(4) The principal use involves the care or supervision of building occupants such as day care
facilities for children or senior citizens.
(d) Determination of floor area and fifty percent expansion.
(1) As used in this Section, the term "commercial structure" includes, but is not limited to,
office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term
"community facility" includes, but is not limited to, schools, theatres, churches, meeting halls
and conference centers.
(2) The determination of floor area is as defined in this Chapter; and
(3) For the purposes of this Section, any expansion shall be considered as equaling or
exceeding the fifty percent limit where the work of construction or improvement is done at
different time intervals requiring two or more building permits, within a period of five years after
completion of the first improvement, where although each is for a project encompassing an
expansion of less than fifty percent of increased floor area, but when combined with other
expansions during the five-year period of time increase the amount of floor area of the structure
by fifty percent or more of that amount which existed immediately prior to the commencement
of the first of the several expansions.
B. Amendments to Conform Other Code Sections to the Amendments Above
1. Amendment to Section 14-10.150 concerning definition of corner lot.
14-10.150 - Lot.
"Lot" means a parcel of land consisting of a single lot of record.
(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as
recorded in the office of the County Recorder, or a legally created parcel of land described by
metes and bounds or shown on a map which has been so recorded.
(b) Corner lot means a lot situated at the intersection of two (2) or more streets, or bounded
on two (2) or more connected sides by street lines abutting the intersection of two or more
streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines
drawn from the intersections of the lot lines with the street lines to the midpoint of the street
frontage meet at an interior angle of one hundred thirty-five degrees or less, or if the centerline of
the street abutting the lot has an interior angle over the distance of any curve of one hundred
thirty-five degrees or less
(c) Interior lot means a lot other than a corner lot.
.
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(d) Flag lot means a lot having access to a street by means of a private driveway or corridor of
land not otherwise meeting the applicable regulations of the Zoning Ordinance for site width.
The length of a corridor access shall be measured from the frontage line to the nearest point of
intersection with that property line parallel or most nearly parallel to the frontage line.
(e) Hillside lot means a lot having an average slope of ten percent or greater.
(f) In-fill lot means a lot surrounded by other developed lots in at least three out of four northern,
southern, eastern or western directions.
(g) Reversed corner lot means a corner lot, the side lot line of which is substantially a
continuation of the front lot line of the first lot to its rear.
(h) Double frontage lot means an interior lot having frontage on two parallel or approximately
parallel streets.
2. Amendments to Section 14-25.110 Concerning Early Warning Alarm Systems
14-25.110 - Early warning fire alarm system.
(a) Findings and purpose. The City Council finds and determines as follows:
(1) Utilization of current technology in the detection and warning of fire will significantly
enhance the level of protection from such hazard while at the same time maximizing the
effectiveness of existing equipment and facilities for emergency responses.
(2) Certain areas of the City have been designated as the Wildland-Urban Interface Fire Area
on the City's Wildland-Urban Interface Fire Area Map, which are defined as any land covered
with grass, grain, brush or forest which is so situated or is of such inaccessible location that a fire
originating upon such land would present an abnormally difficult job of suppression or would
result in great and unusual damage through fire or resulting erosion. The response time of
emergency equipment to calls for aid in the Wildland-Urban Interface Fire Area is impaired due
to the nonavailability of access to some portions of such areas, the existence of steep, narrow
streets and roadways located in such areas, the lack of connecting streets and roadways in such
areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the
Wildland-Urban Interface Fire Area increases the potential for the rapid spread of any fire which
may start in such areas, particularly during seasonal dry spells.
(3) A substantial portion of the new single-family dwellings being constructed in the City are
larger structures, typically in excess of five thousand square feet with three-car garages. By
reason of their size, a fire in these structures can be more difficult to extinguish.
(4) The risk of fire to persons and property within multi-family dwellings and structures
containing multiple sleeping units is proportionately greater because of the higher density of
occupants. Immediate warning of fire and notification to the Fire District of the existence and
location of fire will serve to reduce the possibility of death, injury and property damage.
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(5) Because commercial buildings and community facilities are public gathering places, the
public health and safety risks of fire are particularly acute. Immediate warning of fire and
notification to the Fire District of the existence and location of fire will serve to reduce the
possibility of death, injury and property damage in these structures.
(6) The public safety and welfare may necessitate installation of an early warning fire alarm
system in a commercial structure or community facility, depending upon the facts and
circumstances to be evaluated by the Fire Chief in each individual case.
(7) It is the goal and policy of the City, as set forth in the Safety Element of the General
Plan, to require installation of an early warning fire alarm system as hereinafter provided in this
Section. The purpose of this Section is to implement such goal and policy.
(b) Mandatory requirement for installation of alarm system. As a condition for tentative
map approval under this Chapter, the advisory agency shall require the installation of an early
warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the
connection of such system to a monitoring station in such manner as may be specified by the
Saratoga Fire District, in each case described in section 15-80.090(b)(1)-(5), (c), and (d) of this
Code.of the following cases:
(1) All new single-family dwellings, commercial structures and community facilities located
within the Wildland-Urban Interface Fire Area.
(2) Any existing single-family dwelling, commercial structure or community facility which is
expanded by fifty percent or more in floor area and is located within the Wildland-Urban
Interface Fire Area.
(3) All new single-family dwellings, commercial structures and community facilities having
a floor area in excess of five thousand square feet.
(4) Any existing single-family dwelling, commercial structure or community facility which is
expanded by fifty percent or more in floor area which, after such expansion, will exceed five
thousand square feet in floor area.
(5) All new multi-family dwellings and other new structures having multiple sleeping units
including, but not limited to, hotels, motels, apartments, condominiums or other community
housing projects, townhouses and nursing homes.
(6) Any existing multi-family dwelling or other structure having multiple sleeping units such
as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in
floor area.
(c) Discretionary requirement for certain existing commercial structures and community
facilities. Where an existing commercial structure or community facility is remodeled or the use
thereof is changed, and such commercial structure or community facility either: (1) has a floor
area in excess of five thousand square feet, or (2) regardless of size, is located within the
Wildland-Urban Interface Fire Area, then the Chief of the Fire District having jurisdiction over
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the project may require the installation of an early warning fire alarm system in accordance with
Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring
station in such manner as may be specified by the Saratoga Fire District. If the requirement to
install an alarm system is imposed, it shall be made a condition of tentative map approval under
this Chapter. The determination by the Fire Chief shall be based upon any one or more of the
following considerations:
(1) An occupant load increase of fifty percent or more.
(2) New commercial cooking operations.
(3) Hazardous materials storage for which a permit is required.
(4) The principal use involves the care or supervision of building occupants such as day care
facilities for children or senior citizens.
(d) Determination of floor area and fifty percent expansion.
(1) As used in this Section, the term "commercial structure" includes, but is not limited to,
office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term
"community facility" includes, but is not limited to, schools, theatres, churches, meeting halls
and conference centers.
(2) The determination of floor area is as described in Chapter 15.
(3) For the purposes of this Section, any expansion shall be considered as equaling or
exceeding the fifty-percent limit where the work of construction or improvement is done at
different time intervals requiring two or more building permits, within a period of five years after
completion of the first improvement, where although each is for a project encompassing an
expansion of less than fifty percent of increased floor area, but when combined with other
expansions during the five-year period of time increase the amount of floor area of the structure
by fifty percent or more of that amount which existed immediately prior to the commencement
of the first of the several expansions.
3. Amendments to Section 16-47.040 Concerning Green Building Regulations Applicable to
Single- Family and Multi-Family Dwellings.
16-47.040 - Private (nonpublic) building compliance.
All covered projects shall demonstrate compliance with the following level of green building
standards and submit application materials determined by the Community Development Director
as sufficient to make such compliance determination:
(a) Single-family and multiple-family dwellings.
(1) Prior to issuance of a building permit, the applicant shall submit verification by a certified
green building rater that the dwelling design qualifies for a minimum score of fifty points under
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the GreenPoint rating system New residential buildings shall comply with all mandatory
measures in accordance with the California Green Building Standards Code.
(2) Prior to issuance of a final occupancy inspection, the applicant shall submit verification by a
certified green building rater that the dwelling was built in compliance with the approved plans
which supported the minimum score of fifty points, including the requisite number of points in
the specific categories as specified in the GreenPoint rating system.
(b) Commercial, mixed-use, and community facility buildings.
(1) Prior to issuance of a building permit, the applicant shall submit verification by the City
building official that the building design will be fifteen percent more energy efficient than
required by Part 6 of Title 24 of the California Code of Regulations using a State of California
adopted performance method, as approved by the State Energy Commission.
(2) Prior to issuance of a final occupancy inspection, the applicant shall submit verification by
the project architect or engineer that the building was constructed per the approved energy
efficiency requirements.
4. Amendments to Section 16-60.010 Concerning Installation of Alarm Systems
16-60.010 - Application of Article; requirement for installation of alarm system.
(a) Where installation of an early warning fire alarm system is required under the Safety
Element of the General Plan or any provision of this Code, including Section 14-25.110 of the
Subdivision Ordinance or Section 15-80.090 of the Zoning Ordinance, or this Article, such early
warning fire alarm system shall be installed, operated, and maintained in accordance with the
provisions of this Article.
(b) Where a proposed development does not require any form of permit or approval to be
granted under the Subdivision Ordinance or the Zoning Ordinance, installation of an early
warning fire alarm system in accordance with the provisions of this Article shall be required as a
condition for the granting of any building or other permit under this Chapter 16 in each case
described in section 15-80.090(b)(1)-(5), (c), and (d) of this Code., each of the following
cases:
(1) All new single-family dwellings, commercial structures and community facilities located
within a designated Wildland-Urban Interface Fire Area.
(2) Any existing single-family dwelling, commercial structure or community facility which is
expanded by fifty percent or more in floor area and is located within a designated Wildland-
Urban Interface Fire Area.
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(3) All new single-family dwellings, commercial structures and community facilities having
a floor area in excess of five thousand square feet.
(4) Any existing single-family dwelling, commercial structure or community facility which is
expanded by fifty percent or more in floor area which, after such expansion, will exceed five
thousand square feet in floor area.
(5) All new multi-family dwellings and other new structures having multiple sleeping units
including, but not limited to, hotels, motels, apartments, condominiums or other community
housing projects, institutional facilities, townhouses and nursing homes.
(6) Any existing multi-family dwelling or other structure having multiple sleeping units such
as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in
floor area.
(7) When required by the Chief of the Fire District having jurisdiction over the project, an
early warning fire alarm system shall be installed in an existing commercial structure or
community facility which is remodeled or the use thereof is changed, and such commercial
structure or community facility either: (i) has a floor area in excess of five thousand square feet,
or (ii) regardless of size, is located within a designated Wildland-Urban Interface Fire Area. The
determination by the Fire Chief shall be based upon any one or more of the following
considerations:
a. An occupant load increase of fifty percent or more.
b. New commercial cooking operations.
c. Hazardous materials storage for which a permit is required.
d. The principal use involves the care or supervision of building occupants.
As used in this Section, the term "commercial structure" includes, but is not limited to, office
buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term
"community facility" includes, but is not limited to, schools, theatres, churches, meeting halls
and conference centers.
The determination of floor area is as described in Chapter 15. For the purposes of this
Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where
the work of construction or improvement is done at different time intervals requiring two or
more building permits, within a period of five years after completion of the first improvement,
where although each is for a project encompassing an expansion of less than fifty percent of
increased floor area, but when combined with other expansions during the five-year period of
time increase the amount of floor area of the structure by fifty percent or more of that amount
which existed immediately prior to the commencement of the first of the several expansions.
C. Amendments to Other Provisions of the City Code
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1. Amendment to Section 2-10.110 concerning Parliamentary Procedures.
2-10.110 - Procedure on ordinances, resolutions and other matters requiring action by City
Council.
In consideration of matters requiring action by the City Council, the following procedure
shall be observed:
(a) Sponsorship of ordinances. Ordinances prepared in accordance with Section 2-10.090 and
resolutions and other matters requiring action by the City Council must be introduced and
sponsored by a member of the City Council; except that the City Manager or City Attorney may
present the same and any Council member may assume the sponsorship thereof by moving that
such ordinance, resolution or other matter be adopted.
(b) Reading of ordinances. An ordinance may be introduced by the reading of title only. All
ordinances shall be read in full, either at the time of introduction or passage, except when, after
reading the title, further reading is waived at the time of introduction or passage by the
unanimous vote of the Council members present at the meeting.
(c) Resolutions. Resolutions may be presented in written or oral form. Where written, the
resolution need only be read by title and number prior to action thereon, and only the motion
adopting it need appear in the minutes. Where oral, the same shall be stated in full by the moving
party, and if adopted, shall either be transcribed in full in the minutes or thereafter be reduced to
written form separate from the minutes, executed by the presiding officer and attested by the City
Clerk.
(d) Motion failing to receive second. A motion failing to receive a second can proceed with
consideration and a vote on the motion without a second is at the Mayor’s discretion. shall be
deemed a rejection thereof by the City Council, and no further vote shall be taken thereon.
(e) Rejected motions and evenly split votes. The failure of passage of any motion before the
City Council shall be deemed a denial of the motion; provided, however, a motion failing by
reason of an evenly split vote at a meeting where four or less Councilmembers are present shall
be agendized and voted upon at the next regular meeting of the City Council at which a quorum
is present. If the motion fails for any reason (including an evenly split vote) at the subsequent
meeting, then the same shall at that time be deemed a final denial by the City Council of the
motion.
(f) Motion for reconsideration. A motion to reconsider actions taken by the City Council
can be made only by a Council member on the prevailing side, but may be seconded by any
Council member.
(1) A motion to reconsider the passage of an ordinance or the granting by the City Council of
an application or request by any person for a permit, license, right, privilege, approval or contract
shall be made only during the meeting at which the action was taken. If the motion is adopted,
the action shall either be reconsidered at that meeting or agendized for the next regular meeting
of the City Council at the discretion of the City Council.
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(2) A motion to reconsider any action other than of the type described in subsection (f)(1) of
this Section, may be made at any time. If a motion to reconsider any other action is made and
adopted at a subsequent meeting, the action to be reconsidered shall be agendized for the next
regular meeting of the City Council unless a request for reconsideration has been included and
specifically identified on the agenda for the meeting at which the motion is adopted, in which
case the City Council may act on the matter to be reconsidered at such meeting.
Nothing herein shall extend the statute of limitations applicable to any action taken by the
City Council.
(g) Recording motions in minutes. All motions shall be entered in the minutes, including
motions failing for lack of a second, with the name of the Council member making the motion
and, if a vote is taken thereon, the names of the Council members voting in favor of and in
opposition to the motion.
2. Amendment to 2-15.040 Concerning the Time of Regular Planning Commission Meetings.
2-15.040 - Regular meetings.
The regular meetings of the Planning Commission shall be held on the second and fourth
Wednesday of each month unless such day is a holiday, in which case the meeting may be held
on such business day as designated by the Planning Commission or the meeting may be
cancelled. The time of such meeting shall be 7:30 7:00 P.M., subject to modification by the
Planning Commission, and the place shall be at City Hall in the Saratoga City Council
Chambers. Any regular meeting may be cancelled by the Planning Commission upon
announcement of such cancellation at the regular meeting preceding the meeting to be cancelled.
3. Amendment to Section 2-20.050 concerning City Manager Approval of Interagency Grants
and Agreements.
2-20.050 - Powers and duties of the City Manager.
The City Manager shall be the administrative head of the government of the City under the
direction and control of the City Council, except as otherwise provided in this Article. He The
City Manager shall be responsible for the efficient administration of all the affairs of the City
which are under his the City Manager’s control. In addition to his general powers as
administrative head, and not as a limitation thereon, he the City Manager shall have the
following powers and duties:
(a) Law enforcement. It shall be the duty of the City Manager to enforce all laws, Code
provisions and ordinances of the City, and he the City Manager shall have the powers of a
peace officer. He the City Manager shall also see that all franchises, contracts, permits and
privileges granted by the City Council are faithfully observed and the conditions, if any, thereof
performed.
(b) Repealed.
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(cb) Authority over employees. The City Manager shall have It shall be the duty of the City
Manager, and he shall have the and authority to control, order and give directions to all heads of
departments and to subordinate officers and employees of the City under his the City
Manager’s jurisdiction through their department heads.
(dc) Power of appointment and removal. The City Manager shall have the duty to, and he shall
appoint, employ, remove, promote and demote any and all officers and employees of the City,
subject to all applicable provisions of State law and the personnel ordinance as set forth in
Article 2-40 of this Chapter, together with such personnel rules as may be adopted by resolution
of the City Council. (e) Administrative reorganization of offices. It shall be the duty and
responsibility of the City Manager to conduct studies and effect such administrative
reorganization of offices, positions or units under his the City Manager’s direction as may be
indicated in the interest of efficient, effective and economical conduct of the City's business.
(fd) Ordinances. It shall be the duty of the City Manager and he shall to recommend to the City
Council for adoption such measures and ordinances as he the City Manager deems necessary.
(ge) Attendance at Council meetings. It shall be the duty of the City Manager to attend all
meetings of the City Council unless he is excused therefrom by the Mayor individually, or the
City Council.
(hf) Financial reports. It shall be the duty of the City Manager to keep the City Council at all
times fully advised as to the financial condition and needs of the City.
(ig) Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual
budget and the proposed annual salary plan to the City Council for its approval.
(jh) Expenditure control and contracting purchasing. No expenditure shall be submitted to or
recommended to the City council except on approval of the City Manager or his duly authorized
representative. The City Manager, and he shall be responsible for the purchase of all supplies
and services for all the departments and divisions of the City in accordance with the City
purchasing policy and may accept on behalf of the City grants in any amount and execute
agreements with other public agencies provided that such grants and agreements do not
obligate expenditures by the City in excess of twenty-five thousand dollars.
(ki) Investigations and complaints. It shall be the duty of the City Manager to make
investigations into the affairs of the City and any department or division thereof, and to
investigate any contract or the proper performance of any obligations of the City. Further, it shall
be the duty of the City Manager to investigate all complaints in relation to matters concerning the
administration of the City government and in regard to the service maintained by public utilities
in the City, and to see that all franchises and permits granted by the City are faithfully performed
and that the provisions and requirements thereof are observed.
(lj) Public buildings. It shall be the duty of the City Manager and he shall to exercise general
supervision over all public buildings, public parks and all other public property which are under
the control and jurisdiction of the City Council.
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(mk) Additional duties. It shall be the duty of the City Manager to perform such other duties and
exercise such other powers as may be delegated to him from time to time by ordinance or
resolution or other official action of the City council.
4. Amendments to Article 10-10 Concerning Special Event Permits
Article 10-10 - SPECIAL EVENT PERMIT
10-10.010 - Definitions.
For the purposes of this Article, the following words shall have the meanings respectively
ascribed to them in this Section, unless the context or the provision clearly requires otherwise:
(a) Parade means a march, procession, motorcade or walk upon any public highway, street,
alley or sidewalk in the City. The term "parade" as used in this Article, does not include a funeral
procession consisting of a single direct movement from a mortuary or church to a place of burial.
(b) Footrace means an event generally open to members of the public and sponsored by a
person, organization or group, wherein the participants bike, run or walk jog
following an
established route over public highways, streets, alleys or sidewalks within the City.
(c) Festival Festivity means a fair, exhibition, ceremony, art show, program, celebration or
other public assemblage of people for the conduct of an event festivity
, involving the complete
or partial use or closure of any public highway, street, alley, sidewalk or other public property in
the City to normal vehicular or pedestrian traffic.
(d) Special event means a parade, footrace or festival
festivity that is likely either (1) to
have 75 or more participants, (2) to interfere with the free use of the public right of way by
others, or (3) to not comply with traffic regulations, as such terms are defined in this Section.
10-10.020 - Permit required; prohibited activity.
(a) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any
special event in the City without first having obtained from the City Council
a permit to do so
issued pursuant to this Article.
(b) No person may engage in any of the following activities:
(1) Participate in a special event for which a permit has not been issued.
(2) Participate in a permitted special event in violation of the terms of the permit.
(3) Participate in a permitted special event without the consent of the permittee.
(4) Unlawfully iI
nterfere with the orderly conduct of a permitted special event.
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(5) Sell or offer for sale on public streets, sidewalks or rights-of-way any goods, wares or
merchandise from vehicles, wagons, pushcarts, stalls, booths or other methods, during or in
connection with a permitted special event, unless such sales activity is conducted pursuant to and
in accordance with the terms and conditions of the special event permit and with the
authorization of the permittee.
10-10.030 - Application for permit.
(a) Applications for a permit to conduct a special event shall be filed with the City Manager
at least forty days in advance of the proposed event unless:
permission is granted by the City
Manager to file the application within a shorter period of time.
1. The applicant demonstrates good cause for a shorter time period. The City Manager
shall not consider the viewpoint of the permit applicant in determining whether an
applicant has demonstrated good cause; or
2. The special event involves only non-commercial, expressive activity that is protected
by the First Amendment of the United States or Article 1, Sections 2 and 3 of the State
Constitution. An application for a permit to conduct a special event that consists of such
expressive activity shall be filed with the City at least two days in advance of the proposed
event.
(b) The application shall contain the following information:
(1) Name, address and description of the sponsor for the event, together with the name,
address and telephone number of the contact person representing such sponsor.
(2) Description of the nature and purpose of the special event to be conducted.
(3) Estimated number of participants and, if a parade, the number and types of vehicles,
floats, bands, marching units and animals to participate.
(4) Date of the event and the hours during which it will be conducted.
(5) Proposed route or area to be occupied and a statement as to whether the special event will
occupy all or only a portion of the streets on which the event will be conducted.
(6) Proposed method of handling vehicular and pedestrian traffic, including routes over
which any traffic is to be diverted.
(7) Proposed sanitary facilities, if any are to be used, including toilet facilities, and the
proposed method of sewage and refuse disposal.
(8) If food is to be sold or otherwise distributed, the procedure to be followed in the handling
and preparation of such food.
(9) Description of any sales activity to be conducted upon public streets, sidewalks or rights-
of-way, including the estimated number of street vendors, the nature, size and location of any
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booths or stalls, and a description of any vehicles, wagons, pushcarts or other mobile units to be
utilized in connection with the sales activity.
(10) Number, types and locations of all loudspeakers or other sound amplifying devices to be
used.
(11) Number, type, size, and location of all signs associated with the event, including the
timeframe in which the signs will be erected.
(121
) Method of notifying participants prior to the event of the terms and conditions of the
permit.
(132
) Such other information as reasonably requested by the City Manager pertaining to the
manner in which the proposed event will be conducted.
(c) The application shall be accompanied by the payment of a nonrefundable processing fee
in such amount as may be established from time to time by resolution of the City Council.
10-10.040 - Investigation of application.
(a) The City Manager shall transmit a copy of the application for review and comments
by such of
the following persons and agencies who may have jurisdiction over the event:
(1) The County Sheriff.
(2) The Chief of each fire district in which the event will be conducted.
(3) The County Transit Agency.
(4) The State Highway Patrol.
(5) The State Department of Transportation.
(6) The County Health Department.
(7) The City Community Development Department Service Officers
.
The foregoing persons and agencies shall be requested to indicate on the application that the
proposed permit is either approved or disapproved or approved subject to specified conditions,
and to
return the application to the City Manager within twenty days.
(b) Upon receipt of the comments and recommendations from the persons and agencies
referred to in subsection (a) of this Section, the City Manager shall take action to grant or deny
the application.
10-10.050 - Factors to be considered in granting or denying a permit.
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The City Manager shall issue a decision granting or denying the permit within 35 days of
receiving a complete application, unless a shorter application period is permitted under
Section 10-10.030(a)(1) or (2), in which case the City Manager shall issue a decision
granting or denying the permit at least 24 hours before the proposed event. If the City
Manager denies the permit, or grants it with conditions per Section 10-10.070, the City
Manager must provide written findings explaining the decision. The City Manager shall
not consider the viewpoint of the permit applicant, the identity or associational
relationships of the applicant, or any assumptions or predictions as to the amount of
hostility which may be aroused in the public by the event in determining whether to grant
the permit, grant it with conditions, or deny the permit. In determining whether a permit
should be issued, the City Manager Council
shall consider the following factors:
(a) Whether the special event will disrupt to an unreasonable extent the movement of other
traffic or create any safety hazard as a result of such other traffic being stopped or diverted.
(b) Whether sufficient police services can be provided to assure proper traffic control and the
orderly conduct of the special event.
(c) Whether the streets, roads and highways over which the special event will travel or on
which it will be conducted are of sufficient size and construction to safely accommodate the
number of participants and the size, height and weight of any vehicles, floats, equipment or
animals participating in the event.
(d) Whether the special event will interfere with any other public events to be conducted on
the same day.
(e) Whether the special event is likely to cause injury to persons or property or create an
unreasonable disturbance of the peace.
10-10.060 - Permit for single event only.
Only one special event shall be held, conducted or carried on under a single permit issued
pursuant to this Article.
10-10.070 - Contents of permit.
Permits issued pursuant to this Article may contain such conditions as deemed by the City
Manager to be necessary or appropriate for the orderly and safe conduct of the event, including,
but not limited to, the following:
(a) Starting and ending times.
(b) In the case of a festival:
(1) The streets on which the festival will be conducted.
(2) The number and location of booths, displays or other structures to be erected for the event
and the design thereof.
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(c) In the case of a parade or footrace:
(1) The assembly area and the time of assembly.
(2) The route to be followed and portions of streets to be traversed that may be occupied by
the parade or footrace.
(3) The number and type of vehicles, floats, bands, marching units, pieces of equipment and
animals.
(d) The nature and extent of any sales activity to be conducted upon public streets, sidewalks
or rights-of-way. The holder of the special event permit shall issue to each vendor authorized to
engage in such sales activity an identification card or other evidence of such authorization, which
shall be displayed by the vendor to a law enforcement officer of the City or to any representative
of the permittee requesting to inspect the same.
(e) Number and location of sound amplifying devices and permitted level of amplification.
(f) Number and location of persons required to control, direct and monitor the event.
(g) Requirements and instructions for removal of any signs,
equipment or structures erected
or installed for the event and removal of litter and debris created in connection with the conduct
of the event.
(h) Requirements and instructions for the number, size, location, and removal of signs.
10-10.080 - Insurance.
As a condition for issuance of a permit, the applicant shall furnish to the City, at the
applicant's own cost and expense, a policy or policies of liability and other insurance coverage as
may be required under the applicable insurance standards of the City, as established from time to
time by resolution of the City Council. Such policy or policies shall be maintained in full force
and effect in accordance with said insurance standards during the entire term of the permit.
10-10.090 - Clean-up deposit.
Prior to the issuance of a permit, the applicant shall deliver to the City a cash deposit in the
amount of two hundred fifty dollars as a guaranty that the applicant will perform a final cleanup
of all areas where the special event will be conducted. Such final cleanup shall be completed, to
the satisfaction of the City Manager, within twenty-four hours after cessation of the event. If the
applicant fails to complete the cleanup within such period of time or if the clean-up work is not
performed to the satisfaction of the City Manager, the Manager may cause any necessary clean-
up work to be performed and may utilize the security deposit for payment of any costs or
expenses as may be incurred in connection therewith. In the event the clean-up cost exceeds the
amount of the security deposit, the applicant shall be liable to the City for payment of such
excess cost. Upon certification by the City Manager that the final cleanup has been satisfactorily
completed, the clean-up deposit or any remaining balance thereof, shall be mailed to the
applicant at his address shown on the application.
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10-10.100 - Security and traffic control expenses.
As a condition for issuance of a permit, the City Manager shall require the permittee to
reimburse the City for all security, traffic control and law enforcement expenses incurred by the
City in connection with the special event.
10-10.110 - Waiver of requirements.
(a) The application fee required under Section 10-10.030(c), the liability and property
damage insurance required under Section 10-10.080, the clean-up deposit required under Section
10-10.090 and the payment of security and traffic control expenses required under Section 10-
10.100, shall be waived or reduced by the City Manager if the event is conducted for the primary
purpose of exercising the right of free speech pursuant to the First Amendment of the United
States Constitution and Article 1, Sections 2 and 3 of the State Constitution, and the applicant
demonstrates, to the satisfaction of the City Council
that the applicant is unable to pay such fees
and expenses and will not receive sufficient revenue from the conduct of the special event to do
so. However, in no event shall a permittee for a non-commercial special event conducted
for the primary purpose of exercising the right of free speech pursuant to the First
Amendment of the United States Constitution and Article 1, Sections 2 and 3 of the State
Constitution be required to provide or pay for the cost of public safety personnel who are
present to protect event attendees from hostile members of the public or counter-
demonstrators or for general law enforcement in the vicinity of the event.
(b) In addition to the waivers prescribed in subsection (a) of this Section, the City Manager
may, in his discretion, waive any of the requirements of this Article in whole or in part upon a
showing of good cause for such waiver. After making the decision whether or not to grant
such a waiver, the City shall issue a brief statement enumerating the reasons for granting
or denying such a waiver. The City may not, for the purposes of determining whether good
cause exists for such a waiver, consider the content of speech protected by the First
Amendment of the United States Constitution or Article 1, Sections 2 and 3 of the State
Constitution. When determining whether good cause exists to grant a waiver, the City
shall consider:
(1) The financial ability of the permittee to satisfy the requirements of sections 10-
10.030, 10-10.080, 10-10.090, and 10-10.100;
(2) The likelihood that a permitted event will present a substantial risk of exposure to
liability for the City or its officers, agents, employees, or volunteers.
10-10.120 - Transferability of permit.
Any permit issued pursuant to this Article shall apply only to the permittee named therein
and may not be transferred or assigned to any other person.
10-10.130 - Revocation of permit.
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Any permit issued pursuant to this Article may be summarily revoked by the City Manager
upon a determination that:
(a) By reason of accident, disaster or other emergency, the safety of persons or property
requires such revocation; or
(b) A term, condition, restriction or limitation of the permit has been violated or is being
violated; or
(c) Due to changed circumstances, or the discovery of facts unknown to the City Manager at
the time the permit was issued, the considerations for issuance of the permit are no longer valid
or applicable.
10-10.140 - Violation of Article; penalties.
The violation of any provision contained in this Article shall constitute a misdemeanor,
subject to the penalties as set forth in Article 3 of this Code.
D. Readoption of the City Code****
The Saratoga City Code set forth as Attachment A to this Ordinance is the City Code in effect
and as of July 18, 2012 with the exception of amendments approved prior to that date that will
take effect on or before August 18, 2012 and is hereby readopted in its entirety with the
amendments set forth in sections I.A, I.B, and I.C, above. Attachment A includes editorial notes
regarding the dates and manner of adoption of various Code sections; these notes are not adopted
by this Ordinance and may be revised and updated as appropriate in the process of administering
the publication of the Code.
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 this circumstance, Staff is recommending amendments to the existing City Code
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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.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 15th day of August, 2012, and
was adopted by the following vote on the 5th day of September, 2012.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
CHUCK PAGE CRYSTAL MORROW
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
82
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: James Lindsay DIRECTOR: James Lindsay
SUBJECT: Ordinance Amendment ZOA12-0007 - Zoning Ordinance Amendment
Establishing Design Review Findings for Wireless Telecommunications
Facilities.
RECOMMENDED ACTION:
Waive the second reading and adopt the ordinance adding Article 15-44 (Wireless
Telecommunications Facilities) to the City Code.
REPORT SUMMARY:
On August 15, 2012, the City Council conducted a public hearing and introduced an ordinance
adding Article 15-44 to the City Code, with the modifications shown below, establishing design
review findings for wireless telecommunications facilities.
• The words “on a structure” was added before “or an existing utility pole/tower” in
Section 15-44.025(a).
• The word “reasonably” was added before the words “compatible height” in Section 15-
44.025(b)(5).
The Council directed staff to place the matter on the consent calendar at the following meeting.
FOLLOW UP ACTION:
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within 15 days after its adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENT:
1. Ordinance
83
Attachment
1
ORDINANCE __________
AN ORDINANCE ADDING ARTICLE 15-44 TO CHAPTER 15 OF THE
SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Findings
1. The City of Saratoga wishes to add Article 15-44 to the City Code to assist the City
Council and Planning Commission in their review of Wireless Telecommunications
Facilities.
2. The updates 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 duly noticed public
hearings on June 13 and 27, 2012, recommended adoption of the updates to Chapter 15.
3. The City Council of the City of Saratoga held a duly noticed public hearing on August
15, 2012 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.
15-44.010 Purpose of Article
This Article establishes regulations pertaining to permitting requirements for wireless
telecommunications facilities in all zones within the City. These regulations are designed to
protect and promote public health, safety, community welfare and the aesthetic quality of the
City as set forth within the goals, objectives and policies of the City’s General Plan.
15-44.015 Definitions
(a) “Wireless Telecommunications Facilities” includes any cables, wires, lines, wave guides,
antennas, nodes, microwave dishes and any other equipment or facilities associated with the
transmission or reception of communications as authorized by the FCC which an entity seeks to
locate or has installed upon a tower or antenna support structure.
(b) “Antenna Support Structure” includes a building or other structure other than a tower
which
can be used for location of Wireless Telecommunications Facilities.
(c) “Co-location” is the use of a Wireless Telecommunications Facility, or tower or location,
84
Attachment
2
by more than one wireless telecommunications provider.
(d) “Stealth” means a wireless telecommunication facility that is architecturally integrated
into a building or other concealing structure, such that no portion of any antenna, antenna
equipment, or any other apparatus associated with the function of the facility is visible.
(e) “Tower” means a vertical framework of cross elements, which supports either an antenna,
mast or both.
15-44.020 Requirement for Design Review; public hearing
(a) No building permit shall be issued for the construction of a wireless telecommunications
facility, or the modification of an existing wireless telecommunications facility, within any
zoning district until such structure has received design review approval by the Planning
Commission pursuant to this article. The Community Development Department may specify
application requirements to provide sufficient information for decision makers to make the
design review findings.
(b) A public hearing on the application for a wireless telecommunications facility under this
article shall be required. Notice of the public hearing shall be given not less than ten days nor
more than thirty days prior to the date of the hearing by mailing, postage paid, a notice of the
time and place of the hearing to the applicant and to all persons whose names appear on the latest
available assessment roll of the County as owning property within 500 feet of the boundaries of
the site.
15-44.025 Design Review Findings
The Planning Commission shall not grant design review approval unless it is able to make
the following findings:
(a) That the wireless telecommunications facility is or can be co-located with another
wireless telecommunications facility located on a structure or an existing utility pole/tower in the
public right of way unless the applicant has demonstrated that such location is not technically or
operationally feasible.
(b) That the wireless telecommunication facility and related structures incorporate
architectural treatments and screening to substantially include (1) appropriate and innovative
stealth design solutions; (2) techniques to blend with the surrounding environment and
predominant background; (3) colors and materials that are non-reflective; (4) exterior textures to
match the existing support structure or building; and (5) reasonably compatible height with the
existing surrounding environment.
(c) That landscaping and fencing provide visual screening of the wireless communication
facility’s ground mounted equipment, related structures, and that fencing material is compatible
with the image and aesthetics of the surrounding area.
15-44.030 Expiration of design review approval
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Attachment
3
Design review approval granted pursuant to this Article shall expire thirty-six months from
the date on which the approval became effective, unless prior to such expiration date a building
permit is issued and construction commenced. If such building permit expires, and the Building
Official does not renew the building permit within one hundred eighty days after expiration, the
Design Review approval shall expire.
15-44.035 Exemptions
The following telecommunication facilities are exempt from the design review requirements set
forth in this Article:
(a) Satellite dish antenna.
(b) Licensed amateur radio station antenna.
(c) Government owned and operated telecommunications facilities.
(d) Wireless communications facilities exempted from this Article by federal or state law.
15-44.040 Appeals to City Council
A decision or determination made by the Planning Commission under this article may be
appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this
Chapter.
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 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.
86
Attachment
4
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 notice 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 15th day of August,
2012, and was adopted by the following vote following a second reading on the 5th of
September, 2012.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Chuck Page Crystal Morrow
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
87
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: James Lindsay DIRECTOR: James Lindsay
SUBJECT: Ordinance Amendment ZOA12-0008; Amendments to Article 7-30 (Noise
Control) and Section 15-19.050 (C-H District) of the City Code establishing
new regulations for outdoor music.
RECOMMENDED ACTION:
Waive the second reading and adopt the ordinance amending the City Code to allow outdoor
music within the Village.
REPORT SUMMARY:
On August 15, 2012, the City Council conducted a public hearing and introduced an ordinance
amending Article 7-30 (Noise Control) and Section 15-19.050 (C-H District) of the City Code
establishing new regulations for outdoor music with the following modifications:
• Removed provisions that restrict outdoor music from May 1 to October 31
• Changed the distance at which outdoor music is measured from 5-feet to 25-feet
The Council directed staff to place the matter on the consent calendar at their following public
hearing.
FOLLOW UP ACTION:
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within 15 days after its adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENT:
1. Ordinance
88
1
ORDINANCE __________
AN ORDINANCE AMENDING ARTICLE 7-30 AND SECTION 15-19.050
OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend Article 7-30 and Section 15-19.050 to the City
Code allow outdoor music in the C-H zoning district subject to a new Outdoor Music
Permit requirement.
2. Certain amendments 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 duly noticed public
hearings on June 27 and July 25, 2012, recommended adoption of the amendments to
Chapter 15.
3. The City Council of the City of Saratoga held a duly noticed public hearing on August
15, 2012 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 double-
underlined font (e.g., double-underlined) and text to be deleted is indicated in strikeout font (e.g.,
strikeout). Text in standard font remains unchanged by this ordinance. Text in italics (e.g.,
italics) is provided to promote readability and is not a part of this ordinance.
A. Amendments to Chapter 7, Article 30 Concerning Noise Control
1. Additional noise ordinance definitions
7-30.020 Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them in this Section, unless the context or the provision clearly requires
otherwise:
(a) Acoustic music means live vocal or instrumental music that is not electrically
enhanced or modified to project or transmit sound through amplifiers, loudspeakers,
microphones, or similar devices or combinations of devices which are intended to
increase the volume, range, distance or intensity of music.
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2
(ab) Ambient noise level means the composite of noise from all sources, near and far,
constituting the normal or existing level of environmental noise at a given location,
excluding the noise source in question.
(c) Amplified music means live or recorded music projected or transmitted by electronic
equipment including, but not limited to, amplifiers, loudspeakers, microphones, or
similar devices or combinations of devices which are intended to increase the volume,
range, distance or intensity of music.
(bd) Approving authority means the commission, officer or official of the City having the
authority to initially approve or deny a particular type of application.
(e) Background music means recorded music played through permanently mounted
speakers which is clearly incidental to the primary use, and (at any location five feet or
more from the source of the sound) allows for normal conversation levels and conforms
to the ambient noise standards in Section 7-30.040(a).
(cf) Daytime means the twelve hour period from 7:00 A.M. to 7:00 P.M.
(dg) Decibel or dB means a unit of sound of noise level equal to ten times the logarithm,
with base ten, of the ratio between the acoustic energy presented at a given location and
the lowest amount of acoustic energy audible to sensitive human ears.
(eh) Decibel A Scale or dBA means a measure of decibels using the "A" scale or "A"
weighted network of the sound level meter.
(i) Director means the Community Development Director
(fj) Evening means the three hour period from 7:00 P.M. to 10:00 P.M.
(gk) Nighttime means the nine hour period from 10:00 P.M. to 7:00 A.M. of the following
day.
(hl) Noise level means the maximum continuous sound level or repetitive peak level
produced by a noise source or group of sources, as measured with a sound level meter.
(m) Outdoor music event means the playing of acoustic or amplified music outdoors at
one commercial establishment.
(in) Property plane means a vertical plane located at and perpendicular to the property line
which determines the property boundaries in space of the parcel over or from which the
sound in questions is audibly transmitted.
(jo) Single event noise means noise generated from a single source which is distinguishable
from the ambient noise level.
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(kp) Sound level meter means an instrument comprised of a microphone, an amplifier, an
output meter and frequency weighing networks, used for measuring sound levels in
decibel units.
2. Amending noise exceptions for indoor music
7-30.060 Exceptions for specific activities.
Exceptions for specific activities, so long as the noise level at any point twenty-five feet from
the source of noise does not exceed 83 dBA or any lesser level specified below, shall be
permitted to exceed the standards set forth in Section 7-30.050 under the following conditions:
(a) Residential construction. Residential construction, alteration or repair activities which
are authorized by a valid City permit, or do not require the issuance of a City permit, may
be conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday and
between the hours of 9:00 A.M. and 5:00 P.M. on Saturday. Residential construction
shall be prohibited on Sunday and weekday holidays, with the exception of the following:
(1) Construction, alteration or repair activities that do not require a City permit may
be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and
weekday holidays.
(2) Construction, alteration or repair activities which are authorized by a valid City
permit and which do not exceed fifty percent of the existing main or accessory
structure may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on
Sunday and weekday holidays.
(3) Temporary construction activities authorized by the Director upon his/her
determination of an emergency.
A notice of applicable construction hour restrictions shall be posted conspicuously
on site at all times for all exterior residential construction activity requiring a City
permit.
(b) Commercial construction. Construction, alteration or repair activities in Commercial
and Professional and Administrative Office zoning districts which are authorized by a
valid City permit, or do not require the issuance of a City permit, may be conducted
between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday. Commercial
construction shall be prohibited on Saturday, Sunday and other holidays. The Director
may grant temporary exemptions upon his/her determination of an emergency.
(c) Subdivision construction. Subdivision construction activities which are authorized by
a valid City permit, or do not require the issuance of a City permit, may be conducted
between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday. Subdivision
construction shall be prohibited on Saturday, Sunday and other holidays. The Public
Works Director may grant temporary exemptions upon his/her determination of an
emergency.
(d) Garden tools. Powered garden tools except gasoline powered leaf blowers may be
utilized between the hours of 8:00 A.M. and 9:00 P.M. on Sundays through Saturdays.
Gasoline powered leaf blowers may be utilized between 8:00 A.M. and 5:00 P.M.
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Monday through Saturday only. No gasoline powered leaf blowers shall be allowed on
Sundays. The noise level of all garden tools including gasoline powered leaf blowers
shall not exceed seventy-eight dBA at any point twenty-five feet from the source of
noise.
(e) Pool and spa equipment. Pool and spa equipment located within twenty feet of a side
property line shall only be operated between the hours of 8:00 A.M. and 10:00 P.M.
Noise from such equipment shall not exceed fifty dBA twenty-five feet from the source
of noise.
(f) Set-up and cleaning of commercial establishments. Set-up and cleaning activities
conducted at restaurants and other commercial establishments located immediately
adjacent to a residential area, which generate any noise audible to the occupants of the
adjacent residences, including noise generated by the operation of delivery or service
vehicles, shall not begin prior to one hour before the normal opening time of the
establishment or extend later than one hour after the normal closing time of the
establishment, or such other times as may be specified in a use permit, license, or other
entitlement granted by the City for such establishment.
(g) Indoor Live or recorded music. Commercial establishments in commercial zoning
districts may have live or recorded music played inside a building. shall keep Aall
doors and windows within the commercial establishment shall be kept closed after 9:00
P.M. closed during nighttime hours when live or recorded music is being played except
that doors may be opened for ingress or egress if closed immediately after use. The
noise level shall not exceed 73dBA before 9:00 PM and 63dBA after 9:00 PM as
measured by a sound level meter five feet outside the building.
(h) Animals. Noise caused by animals shall be governed by the provisions of Section 7-
20.190 concerning barking dogs and Section 15-11.020(h) concerning the keeping of
animals as pets.
3. Adding “Outdoor Music Permit” as a type of noise exception permit
7-30.090 Exception permits.
(a) General Noise Exception Permit. If the applicant demonstrates to the satisfaction of
the Director that immediate compliance with the requirements of this Article would be
impractical or unreasonable, the Director may issue a permit to allow exception from
any or all of the provisions contained in this Article, with appropriate conditions to
minimize the public detriment caused by such exceptions. Any such permit shall be for
an initial term as specified by the Director, not to exceed thirty days. Longer terms up
to one hundred twenty days may be granted by the Planning Commission.
(b)In determining whether an exception permit should be issued and the nature and
scope of any conditions to be imposed, the Director shall consider the following
factors:
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(1) The level and intensity of the noise;
(2) The level and intensity of the background noise, if any;
(3) The proximity of the noise to residential areas;
(4) The time of day when the noise occurs;
(5) The duration of the noise, and whether it is recurrent, intermittent or constant;
(6) The nature and zoning of the area within which the noise emanates or to which it
is transmitted.
(b) Outdoor Music Permits - CH Zoning District. This Section 7-30.090(b) shall expire
November 1, 2013, and thereafter outdoor music shall not be allowed in the CH Zoning
District, unless a later enacted ordinance that becomes effective on or before November
1, 2013 deletes or extends that expiration date. An Outdoor Music Permit may be
issued on an annual basis to a commercial establishment located within the CH Zoning
District subject to the requirements contained in this Section for the purposes of
allowing the playing of acoustic and/or amplified music outside a building.
Background music does not require an Outdoor Music Permit.
(1) Each Outdoor Music Permit shall be subject to conditions requiring coordination
and cooperation among holders of Outdoor Music Permits such that acoustic
and/or amplified music played outside a building at the same date and time shall
be limited by blocks as described below: a. Two events in Block One situated between 3rd Street & Saratoga Los Gatos Road separated by at least 200 feet. b. One event in Block Two situated between 3rd and 4th Street c. One event in Block Three situated between 4th and 5th Street d. One event in Block Four situated west of 5th Street
(2) Outdoor acoustic and/or amplified music is permitted at establishments holding an Outdoor Music Permit during the following days and times provided that it does not exceed the specified maximum decibel levels: a. Fridays, 5:00 PM to 9:00 PM, 73 dbA b. Saturdays, 4:00 PM to9:00 PM, 73 dbA c. Sundays, 11:00 AM to 4:00 PM, 73 dbA The above decibel levels shall be measured twenty-five feet from the source of the sound.
(3) The Director may condition an Outdoor Music Permit on such other requirements
that the Director determines are necessary to protect the public health, safety or
welfare.
(4) Continuing Jurisdiction and Permit revocation. The Director shall retain
continuing jurisdiction over each permit and may modify (by deleting or adding
conditions to) or revoke an Outdoor Music Permit to the extent the Director
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deems necessary to protect the public health, safety or welfare, or if the permit
holder fails to meet any of the conditions of the permit or to adequately address
changed circumstances.
(5) Denial of a permit. The Director may deny an Outdoor Music Permit if the
applicant has had an Outdoor Music Permit revoked within the past twelve
months or if the applicant is not in compliance with the City Code or a use permit
issued pursuant to the City Code.
(6) Hearings and Appeals from Administrative Decisions. Prior to denial,
modification, or revocation of a permit, the Director shall notify the applicant in
writing of the intent to deny, modify, or revoke the permit, the reasons for such
intended decision, and that the applicant may within five days after receipt of such
notice file with the Director a written request for a meeting with the Director. A
determination of the Director to approve, conditionally approve, deny, modify or
revoke a permit may be appealed to the Planning Commission in accordance with
the procedures set forth in Article 15-90 for appeals from administrative decisions
and notwithstanding Section15-90.020, the decision of the Planning Commission
on the appeal shall be final and not subject to appeal to the City Council.
B. Amendments to Chapter 15 Concerning Zoning Regulations
4. Adding “Live & Recorded Music” to the list of permitted uses in the CH districts
15-19.050 - C-H district regulations
(l) Live or Recorded Music. A commercial establishment may have amplified or acoustic
music outside a building upon issuance of an Outdoor Music Permit pursuant to Section
7-30.090(b) or inside a building pursuant to Section 7-30.060(g) without such a
permit .
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 regardless 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.
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Section 3. California Environmental Quality Act
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, 15308 – Actions by Regulatory Agencies for Protection of
the Environment, and 15061(b)(3) - The general rule that CEQA applies only to projects which
have the potential of causing a significant effect on the environment. The amendments to the
existing City Code will have the effect of reducing the overall allowable sound levels in the City.
Currently any commercial establishment may have live or recorded music that results in sound
levels up to 83dBA measured 25-feet from the source of music. In the C-H zoning district such
sound levels currently can only come from music within a building. Outdoor music will
introduce a new source of sound in the C-H district but at sound levels significantly lower than
what is currently allowed in that district under general noise exceptions.
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 notice 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 15th day of August,
2012, and was adopted by the following vote following a second reading on the 5th day of
September 2012.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Chuck Page Crystal Morrow
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
422940.2
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SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: James Lindsay DIRECTOR: James Lindsay
SUBJECT: Ordinance Amendment ZOA09-0009 & Garrod Development Agreement –
Application of the AP/OS Overlay Zoning over 68 acres in the area of 22600 Mount
Eden Road and Adoption of a Development Agreement With the Garrod Trust.
RECOMMENDED ACTION:
Waive the second readings and adopt an ordinance applying the AP/OS Overlay Zoning and
adopt an ordinance adopting the development agreement with the Garrod Trust. Authorize the
Mayor to sign the development agreement on behalf of the City.
REPORT SUMMARY:
On August 15, 2012, the City Council conducted a public hearing and introduced two ordinances
related to the Garrod Trust properties. The first ordinance applies the AP/OS Overlay Zoning
over 68 acres in the area of 22600 Mount Eden Road. The second ordinance adopts a
development agreement between the City and the Garrod Trust establishing the permitted uses of
the property, the conforming status of the existing uses and structures, the density or intensity of
use, the maximum height and size of proposed buildings, and provisions for reservation or
dedication of land for public purposes.
FOLLOW UP ACTION:
These ordinances or comprehensive summaries thereof shall be published in a newspaper of
general circulation of the City of Saratoga within 15 days after adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
1. Rezoning Ordinance
2. Development Agreement Ordinance
96
ORDINANCE __________
AN ORDINANCE APPLYING AP/OS OVERLAY ZONING TO GARRROD TRUST PROPERTY
Whereas, the City of Saratoga received an application to apply the Agricultural Preserve/Open Space
Overlay (AP/OS) zoning to 68 acres of Garrod Trust Property proposed for annexation to the City. This
ordinance was introduced following a duly noticed public hearing on August 15, 2012. The Planning
Commission recommended adoption of this ordinance following a duly noticed public hearing held June
27, 2012.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The City Zoning Map is hereby amended to add Agricultural Preserve/Open Space (AP/OS) overlay zoning to
the 68 acres Garrod Trust Property described on Exhibit A attached hereto (nine parcels APNs 503-10-
044,065,067; 503-11-008,009; 503-74-001,002,003,004).
Section 2. California Environmental Quality Act
The application of the AP/OS overlay zoning to the specified Garrod Trust Property is not subject to the
California Environmental Quality Act because it will impose greater land use restrictions on the property
than currently exist, will involve no physical change to the environment, assure the maintenance,
restoration, enhancement, or protection of the environment, and it can be seen with certainty that there is
no possibility that the overlay zoning may have a significant effect on the environment in accordance with
CEQA Guidelines Sections 15308 and 15061(b)(3).
Section 3. 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 15th day of August 2012, and was adopted by
the following vote following a second reading on the 5th day of September 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Chuck Page
MAYOR, CITY OF SARATOGA, CALIFORNIA
97
ATTEST:
___________________________
Crystal Morrow
CITY CLERK
APPROVED AS TO FORM:
___________________________
Richard Taylor
CITY ATTORNEY
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HR (AP/OS)
R-OS (AP-OS)
HR
R-OS
QUARRY
MT EDEN
E D E N C R E S T
6107500
6107500
1 9 2 7 5 0 0
1 9 2 7 5 0 0
the city of S a r a t o g aSaratoga california
ROS (AP/OS) - Residential Open Space (with Agriculture Preserve / Open Space Overlay)
HR (AP/OS) - Hillside Residential (with Agriculture Preserve / Open Space Overlay)
City Limit - Proposed
City Limit - Existing Exhibit A
Legend
ROS - Residential Open Space
HR - Hillside Residential
APN include:503-74-004503-11-009503-11-008503-74-002503-74-003503-74-001
APN include:503-11-006
APN include:503-10-003
APN include:503-10-065503-10-067503-10-044
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ORDINANCE NO. _______
AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR
Garrod Trust Property at 22600 MT. EDEN ROAD
(APNs 503-11-008 and 009; 503-10-044, 065 and 067; and
503-74-001, 002, 003, and 004)
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
1. The City of Saratoga has received applications from the Garrod Trust (“Owner”) for 22600
Mt. Eden Road (APNs 503-11-008 and 009; 503-10-044, 065 and 067; and 503-74-001, 002,
003 and 004) for the annexation of approximately 68 acres of real property contiguous to the
City of Saratoga (the territory); and concurrent with annexation, the territory, together with
all adjacent Garrod Trust Lands (APN 503-12-001) already inside the City boundary,
consisting of 51 acres (“Principal Property”), shall become restricted by a Land
Conservation (Williamson Act) Contract, be made subject to a Development Agreement
(with conforming status determination), and an Agricultural Preserve/Open Space (AP/OS)
Overlay Zoning District, and a Conditional Use Permit (as part of the “integrated annexation
proceedings” at 22600 Mount Eden Road). The foregoing actions are described as the
“Project;”
2. Development of the Property in accordance with the terms of this Agreement will result in
rational comprehensive planning and foster predictability, certainty, economy and efficiency in
future land use planning;
3. The attached Development Agreement specifies its duration, the permitted uses of the
property, the density or intensity of use, the maximum height and size of proposed buildings,
and provisions for reservation or dedication of land for public purposes;
4. This Development Agreement is consistent with the objectives, policies, general land uses and
programs contained in the City's General Plan;
5. This Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the Hillside Residential (“HR”) zoning district and the Agricultural Preserve-
Open Space (“AP-OS”) overlay zoning in which the Principal Property is located and with the
Williamson Act Contract currently on the Principal Property;
6. This Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the Residential-Open Space (“R-OS”) zoning district and the Agricultural
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Preserve-Open Space (“AP-OS”) overlay zoning as to which the Annexation Property has been
pre-zoned and with the Williamson Act Contract currently on the Annexation Property;
7. This Development Agreement is in conformity with the public convenience, general welfare
and good land use policies; indeed, the Development Agreement will serve as a public benefit,
in that there will be a reservation or dedication of land for public purposes (including trails
and restrooms), which are specified herein as Section 3.2.1 as required under Government
Code Section 65865.2;
8. This Development Agreement will not be detrimental to the health, safety and general welfare
in that the Project will proceed in accordance with the conditions of approval for the Project
adopted by the City Council;
9. This Development Agreement will not adversely affect the orderly development of property or
the preservation of property values in that the Project will be consistent with the City’s
General Plan and Zoning Ordinance; and
10. This Development Agreement was considered and recommended for approval by the Planning
Commission at a duly noticed public hearing on June 27, 2012 and approved by the City
Council at a duly noticed public hearing on August 15, 2012.
Section 2. Adoption and Implementation.
A. The City Council hereby adopts the Development Agreement attached hereto as Exhibit A.
B. In accordance with Government Code section 65865.1 the parties to the Development
Agreement shall review the Applicant’s compliance with the Development Agreement at
least every 12 months, at which time the Applicant, or successor in interest thereto, shall be
required to demonstrate good faith compliance with the terms of the Development
Agreement. If, as a result of such periodic review, the City Council finds and determines, on
the basis of substantial evidence, that the Applicant or successor in interest thereto has not
complied in good faith with terms or conditions of the Development Agreement, the City
Council may terminate or modify the Development Agreement.
C. The uses, structures and site coverage authorized by the attached Development Agreement
and the Conditional Use Permit approved by the City Planning Commission on June 27,
2012 shall for the term of the Development Agreement be subject only to the rules,
regulations, and official policies governing permitted uses of the land, governing density,
and governing design, improvement, and construction standards and specifications, in force
at the effective date of this ordinance or as otherwise provided by said Development
Agreement. Except as otherwise provided in the Development Agreement, in subsequent
actions applicable to other uses, structures, and site coverage of the property the City may
apply new rules, regulations, and policies and may deny or conditionally approve any
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subsequent development project application on the basis of such existing or new rules,
regulations, and policies.
D. In the event that state or federal laws or regulations, enacted after this Development
Agreement has been entered into, prevent or preclude compliance with one or more
provisions of the Development Agreement, such provisions of the Development Agreement
shall be modified or suspended as may be necessary to comply with such state or federal
laws or regulations.
Section 3. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-section,
paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 4. Publication.
This ordinance shall be published once in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
[The Remainder of This Page is Intentionally Blank]
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The foregoing ordinance was introduced at the regular meeting of the City Council of the
City of Saratoga held on the 15th day of August, 2012, and was adopted by the following vote
following a second reading on the 5th day of September, 2012:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Chuck Page
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
___________________________
Crystal Morrow
CITY CLERK
APPROVED AS TO FORM:
___________________________
Richard Taylor
CITY ATTORNEY
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155
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Debbie Bretschneider DIRECTOR:
Deputy City Clerk
SUBJECT: Resolution Authorizing Final Disposition of Certain City Records
RECOMMENDED ACTION:
Adopt resolution authorizing final disposition of certain city records.
REPORT SUMMARY:
In June 2009, the City Council approved a new Records Retention Schedule. In accordance with
the schedule, staff and the City Attorney review archived documents to determine those that are
nonessential and can, therefore, be shredded.
In order to comply with State law, processing expired records for destruction is a multi-step
process:
1. Staff in each department identifies records that have expired in accordance with the approved
records retention schedule. Each box is looked through to make sure no permanent records
are destroyed.
2. Department directors review and approve the list of records to be destroyed in their
departments.
3. The City Clerk and City Attorney review and approve a combined list of all expired records.
4. The list of records is presented to the City Council along with a resolution authorizing the
shredding of listed documents. Records may not be shredded without the authorization of the
City Council.
At this time, staff has identified 19 boxes of expired records and is requesting authorization from
the Council to proceed with shredding the documents.
FISCAL IMPACTS:
Funding for shredding of records is included in the operating budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Records will not be shredded.
156
ALTERNATIVE ACTION:
Remove specific records from destruction list and approve with changes.
FOLLOW UP ACTION:
The records will be held for seven days for review pursuant to the Public Records Act. If no
request for review is submitted, they will be promptly destroyed. If a request for review is
submitted, the records will be destroyed between 20 and 30 days after they have been made
available for review.
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:
Attachment 1 -Resolution Authorizing the Final Disposition of Certain City Records
Attachment 2 -Exhibit A: List of Records Proposed for Final Disposition
157
RESOLUTION NO. 12-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE FINAL DISPOSITION OF CERTAIN CITY RECORDS
WHEREAS, Government Code Section 34090 et seq. authorizes City department heads to destroy
certain records, documents, instruments, books or paper after the same are no longer required with the
approval of the legislative body by resolution and the written consent of the City Attorney.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows:
1. Department heads are hereby authorized to have shredded those certain records,
documents, instruments, books or paper under their charge as described in Exhibit ‘A.
2. The records, documents, instruments, books or paper described in Exhibit ‘A shall be held
for seven days for review pursuant to the Public Records Act prior to shredding. If no
request for review is submitted within that time, they shall be promptly destroyed. If a
request for review is submitted, the records shall be destroyed not less than twenty days
and not more than thirty days after the records have been made available for review.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 5th
day of September, 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Chuck Page, Mayor
ATTEST:
____________________________
Crystal Morrow, City Clerk
CITY ATTORNEY CONSENT TO DESTRUCTION
OF THE RECORDS, DOCUMENTS, INSTRUMENTS,
BOOKS OR PAPER DESCRIBED IN EXHIBIT ‘A.:
__________________________
Richard Taylor
City Attorney
428710.2
158
Sept. 2012 Boxes for Destruction
box description
6C Scanned,Terminated contracts/agreements -Last date 1967
25A Scanned,Terminated Contracts/agreements -last date 2001
26C Scanned, Terminated Contracts/agreements -last date 1992
52B Scanned, Terminated Contracts/agreements -last date 1981
135D-2 Bank statements FY2005-2006
135E Bank statements FY2005-2006
HR1 PERS reports 1974-1976 Personnel Files-Terminated employees 1962-1995
47B PERS contracts 1973-1981
550 Accounts Payable Check Registers, Record Dates 7/11/2006; 7/25/2006 and 8/8/2006
551 AccountsPayable Check Registers, Record Dates 8/26/2006; 9/5/2006 and 9/19/2006
552 Accounts Payable Check Registers, Record Dates 10/3/2006 and 10/17/2006
553 Accounts Payable Check Registers, Record Dates 10/31/2006 and 11/14/2006
554 Accounts Payable Check Registers, Record Dates 11/28/2006 and 12/5/2006
555 Accounts Payable Check Registers, Record Dates 1/9/2007; 1/12/2007 and 2/6/2007
556 Accounts Payable Check Registers, Records Dates 2/20/2007; 3/5/2007 and 3/20/2007
557 Accounts Payable Check Registers, Record Dates 4/3/2007 and 4/17/2007
558 Accounts Payable Check Regusters, Record Dates 5/1/2007; 5/9/2007 and 5/16/2007
559
Accounts Payable Check Registers, Record Dates 5/23/2007; 5/30/2007; 6/6/2007 and
6/13/2007
560 Accounts Payable Check Registers, Record Dates 6/20/2007; 6/27/2007 and 7/11/2007
Code
Compliance False Alarm Cards 2007 and Parking Citations 2007
PW001 City Project Files (Scanned to Laserfiche) :
PW001 1958 Quito Area Drainage Improvements
PW001 1961 Bucknall Street Improvements El Quito Park Kindergarten @ Paseo Presada
PW001 1966 Argonaut Drive Improvement Project
PW001 1969 Cox Avenue Imporovements
PW001 1969 Pierce Road Earth Slide repair at Palomino Way
PW001 1970 Glen Brae Street Improvements
PW001 1970 Park Drive Storm Drain Improvement Project
PW001 1970 Quito Road Overlay Project
PW001 1971 Arroyo de Arguello PCC Sidewalk Project
PW001 1971 Cox Avenue Walkway Project
PW001 1971 Fourth Street - Elva Avenue Storm Drain Project
PW001 1971 Prospect Road Improvements
PW001 1972 Ortho Photo Mapping
PW001 1972 Quito Road Allendale Avenue Traffic Signal
PW001 1972 Slide Restoration On Pierce Road at Mt. Eden Way
PDF created with pdfFactory Pro trial version www.pdffactory.com159
PW001 1974 Pierce Road Slope Stabilization at Palomino Way
PW001 1976 Saratoga Avenue Railway Crossing Improvements
PW001 1981 Bank Mill Road Overflow Swale Project
PW001 1982 Paul Avenue Improvements Project
PW001 1983 Kittridge Road Landslide Repair Project
PW001 1983 Pierce Road Landslide Repair
PW001 1985 Pamela Way Storm Drain Project
PW001 1985 Reconstruction of Fourth Street
PW001 1986 Prospect Creek Bridge Reinforcement
PW001 1988 Big Basin Way Reconstruction
PW001 1989 Sarahills Drive Drainage Improvements Project
PW001 1989-1992 Saratoga Avenue Sidewalk TDA File
PW001 1998 Horseshoe Drive at Highway 9 Gateway Project
PDF created with pdfFactory Pro trial version www.pdffactory.com160
Record series Retention
date of
disposal
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contracts and agreements, Council approved CL+10 2011
contracts and agreements, Council approved CL+10 2002
contracts and agreements, Council approved CL+10 1992
Banking Records AU+5 10/31/2011
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Citations
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SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Michael Fossati DIRECTOR: James Lindsay
SUBJECT: Reimbursement of Conditional Use Permit Fees for Previously Approved Wine
Tasting Room in the Village.
RECOMMENDED ACTION:
Approve the reimbursement for Martella Vineyards.
REPORT SUMMARY:
In April 2009, the City Council approved an economic incentive program known as the
Conditional Use Permit (CUP) Reimbursement Incentive Program in order to attract new
business. The program granted refunds of conditional use permit fees for certain types of
businesses that opened and operated in the City. Those types of businesses included wine tasting
rooms. The program was available for new businesses that received CUP approval during April
2009 through June 2012.
Martella Vineyards (Martella) received CUP approval to operate a wine tasting room in August
2011. Since their use (wine-tasting) was an approved use for the incentive program, they were
informed that they would qualify for the CUP reimbursement. The City informed Martella that
their use permit fees in the amount of $3,400.00 would be refunded upon the opening of their
business.
Martella opened up for business in July 2012. They have made contact with the City requesting
their reimbursement. The City Council replaced the Conditional Use Permit Reimbursement
Incentive Program with the newly created Business Development Program within the Fiscal Year
12/13 Capital Improvement Program. Funds granted from the Business Development Program
require Council approval. As this is the first request of the program, the original allocation of
$25,000 is available. The reimbursement amount would be $3,400.
FISCAL IMPACTS:
The available funds in the Business Development Program would be reduced to $21,600.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Martella would not be reimbursed for the CUP application.
ALTERNATIVE ACTION:
Use another financial source to reimburse Martella Vineyards.
163
FOLLOW UP ACTION:
Direct staff to reimburse Martella Vineyards
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. May 28, 2011 receipt from Martella Vineyards.
164
Address
Project Number
Applicant
Owner
Project Description
CITY OF SARATOGA
ACUP11-0002
14598 BIG BASIN WY
MICHAEL MARTELLA
SRINIVASAN S AND MALINI TRUSTE
NEW WINE TASTING ROOM
FEES PAID
Receipt Number: 21711
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
(408) 868-1201
Receipt Print Date: 08/28/2012
111-4101-43112
Doc Storage Fee Administrative 111-4101-43112 150.00
Total Fees for Account 111-4101-43112: 150.00
111-4101-44459
Admin Conditional Use Permit 111-4101-44459 3,400.00
Total Fees for Account 111-4101-44459: 3,400.00
TOTAL FEES PAID
PAID BY: MICHAEL MARTELLA
PAYMENT METHOD: Check 3081
DATE PAID: Tuesday, May 31, 2011
3,550.00
165
Address
Project Number
Applicant
Owner
Project Description
CITY OF SARATOGA
ACUP11-0002
14598 BIG BASIN WY
MICHAEL MARTELLA
SRINIVASAN S AND MALINI TRUSTE
NEW WINE TASTING ROOM
FEES PAID
Receipt Number: 21711
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
(408) 868-1201
Receipt Print Date: 08/28/2012
111-4101-43112
Doc Storage Fee Administrative 111-4101-43112 150.00
Total Fees for Account 111-4101-43112: 150.00
111-4101-44459
Admin Conditional Use Permit 111-4101-44459 3,400.00
Total Fees for Account 111-4101-44459: 3,400.00
TOTAL FEES PAID
PAID BY: MICHAEL MARTELLA
PAYMENT METHOD: Check 3081
DATE PAID: Tuesday, May 31, 2011
3,550.00
166
Address
Project Number
Applicant
Owner
Project Description
CITY OF SARATOGA
ACUP11-0002
14598 BIG BASIN WY
MICHAEL MARTELLA
SRINIVASAN S AND MALINI TRUSTE
NEW WINE TASTING ROOM
FEES PAID
Receipt Number: 21711
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
(408) 868-1201
Receipt Print Date: 08/28/2012
111-4101-43112
Doc Storage Fee Administrative 111-4101-43112 150.00
Total Fees for Account 111-4101-43112: 150.00
111-4101-44459
Admin Conditional Use Permit 111-4101-44459 3,400.00
Total Fees for Account 111-4101-44459: 3,400.00
TOTAL FEES PAID
PAID BY: MICHAEL MARTELLA
PAYMENT METHOD: Check 3081
DATE PAID: Tuesday, May 31, 2011
3,550.00
167
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: James Lindsay DIRECTOR: James Lindsay
SUBJECT: ZOA12-0009 – City initiated amendments to Article 15-16 (P-C District)
RECOMMENDED ACTION:
Conduct a public hearing. Introduce and waive the first reading of the ordinance modifying
Article 15-16 (P-C District).
BACKGROUND:
At its May 16, 2012 meeting, the City Council directed the Planning Commission to update the
regulations within Article 15-16 - P-C District. Article 15-16 of the City Code was created in
1964 and was updated only once in 2006 for city-wide changes related setback areas and second-
units. A Planned Community District is similar to Planned Unit Development (PUD) which is
specifically referred to in California land use law as a means by which cities may create a unique
set of zoning standards for property(ies) included within a development. The consideration of a
PUD is typically a legislative act by the local agency versus a permit approved by a planning
commission. The P-C district was enacted in Saratoga during a time when much of the City was
still open land that could be subdivided into housing tracts containing a “combination of single
or multiple dwelling uses together with ancillary uses of recreational centers, social halls,
restaurants, medical centers and other related facilities.” The City’s residential areas are now
predominately built-out and there are no meaningful opportunities for developments of this scale
within the City.
REPORT SUMMARY:
The City has historically utilized Section 15-55.030 (Variation from Standards for Conditional
Uses) to grant some flexibility in zoning standards for conditional uses through the use permit
process. This flexibility was only granted when a conditional use was required for a property but
the development standards in the underlying zoning district unduly restricted the use from
efficient operation. Recent examples include variations granted for churches, private schools and
stables on residentially zoned land. Quasi-public uses develop at much different standards than
single family homes.
Other typical methods of providing flexibility to zoning standards are through the variance
process (which requires very narrowly defined findings) and the PUD processes which requires
legislative action by the City Council. Another flexible zoning tool is combining district (such as
the City’s existing P-C district which can provide standards that are unique to a particular area
within a pre-existing zoning district (not only residential, but community facility, commercial
and other districts).
168
The Planning Commission conducted public hearings on July 11th and July 25th and is
recommending the Council approve the modifications to Article 15-16. The modifications
proposed by the Planning Commission will enable the Article to be used for both commercial
and residential infill development. Each application of the P-C district will require a rezoning of
the subject property similar to the AP/OS overlay zoning that is combined with an underlying
zoning district.
ENVIRONMENTAL REVIEW:
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, 15308 – Actions by Regulatory Agencies for Protection of
the Environment, and 15061(b)(3) - The general rule that CEQA applies only to projects which
have the potential of causing a significant effect on the environment.
ALTERNATIVES:
If the City Council chooses not to introduce the ordinance than the existing variance and
variation from standards for conditional uses would remain as the only vehicles to grant
flexibility to certain zoning standards.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Draft ordinance
2. Existing text from Article 15-16
169
ORDINANCE __________
AN ORDINANCE AMENDING ARTICLE 15-16
OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend Article 15-16 of the City Code to modify the
purpose, findings, and standards of the P-C District regulations.
2. Certain amendments 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 duly noticed public
hearings on July 11 and July 25, 2012, recommended adoption of the amendments to
Chapter 15.
3. The City Council of the City of Saratoga held a duly noticed public hearing on September
5, 2012 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 double-
underlined font (e.g., double-underlined) and text to be deleted is indicated in strikeout font (e.g.,
strikeout). Text in standard font remains unchanged by this ordinance. Text in italics (e.g.,
italics) is provided to promote readability and is not a part of this ordinance.
Article 15-16 - P-C: PLANNED COMBINED COMMUNITY DISTRICT
15-16.010 - Purposes of Article. The purpose of the P-C combined district is to provide the City the authority to modify standards of development in an underlying zoning district so as to achieve the following objectives: a) To provide a means of guiding development or redevelopment of properties in areas of the City that are uniquely suited for a variety of design and development patterns and standards. b) To provide greater flexibility of land use and design for a development that provides a public benefit that would not otherwise be attainable through strict application of the zoning regulations. A public benefit could include, but is not limited to, buildings that exceed the City’s green building standards, provides
170
community facilities that are open to the public, or allows for innovative infill design. c) To encourage innovative design in a development that achieves one or more specific goals and policies of the General Plan that would otherwise not be attainable through strict application of the zoning regulations. It is not the intent of the P-C district to allow more residential units than would normally be allowed by the existing residential zoning district on the property unless otherwise allowed by the General Plan.
In certain instances, the objectives of the Zoning Ordinance may be achieved by the development of a residential community primarily for a common green development or for persons desiring smaller residences or dwelling units than economically feasible under existing zoning districts, and which combines a number of uses in order to develop a living environment in conformity with the General Plan. The planned community combined district is intended to accomplish this purpose and may include a combination of single or multiple dwelling uses together with ancillary uses of recreational centers, social halls, restaurants, medical centers and other related facilities. In order to provide locations for well-planned community facilities which conform with the objectives of the Zoning Ordinance, although they may deviate in certain respects from existing district regulations, property may be rezoned to a new combined residential district, provided the development complies with the regulations prescribed in this Article.
15-16.020 - Combination with other districts. A planned community combined district may be combined with any R-1 district or any R-M zoning district upon the granting of a change of zone to a combined district in accord with the provisions of this Article. A planned community combined district shall be designated by the symbol "P-C" following the zoning district designation with which it is combined.
15-16.030 - Permitted and conditional uses. No use shall be established or changed upon the property with which the P-C district is combined unless approved on the basis of the general site development plan provided pursuant to Section 15-16.060(a). The following permitted uses shall be allowed in a P-C district The types of uses which may be established or changed on the basis of such development plan include, but are not limited to: (a) Single-family, two-family or three-family dwellings, or a combination thereof, together with all other permitted uses in an R-1 district, shall be permitted in an R-1 district which is combined with a P-C district. The dwelling units shall be single-story unless otherwise approved by the Planning Commission.
171
(b) Single-family and multi-family dwellings, or a combination thereof, together with all other permitted uses in an R-M district, shall be permitted in an R-M district combined with a P-C district. The dwelling units shall be single-story unless otherwise approved by the Planning Commission. (c) Community centers, private recreational centers, social halls, lodges, clubs, restaurants and medical centers, to be used by the residents of the planned community district and their guests.
15-16.040 - Conditional uses. The following conditional uses may be allowed in a P-C district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (a) All conditional uses as may be allowed in an R-1 district, may be allowed in an R-1 district which is combined with a P-C district. (b) All conditional uses as may be allowed in an R-M district, may be allowed in an R-M district which is combined with a P-C district.
15-16.0540 - Standards. (a) Standards for the P-C district, of site area and dimensions, site coverage, density of dwelling units and including residential density, setback areas, types of structures, distances between structures, fences, walls and hedges, signs and off-street parking facilities be at least equivalent to the standards prescribed by the regulations for the district with which a planned community district is combined shall be consistent with the General Plan. (b) Height of structures shall not exceed the maximum height of any building prescribed by the regulations for the zoning district then existing on a property when the P-C district is combined with it. (bc) Except for height and density as provided for in (a) and (b) above, the The Planning Commission City Council shall have authority to grant exceptions to the regulations in this Chapter pertaining to site frontage, width and depth, site coverage, front, side and rear setback areas, distances between structures, fences, walls and hedges, and accessory structures at the time of tentative subdivision approval, development standards without compliance with the provisions of Article 15-70 of this Chapter relating to variances. (cd) Any P-C area shall contain a common green unless specifically waived by the Planning Commission. The Planning Commission may recommend and the City Council may require any development on property as to which the P-C district
172
has been combined, and as to which a general site development plan is required, to contain a common green and/or other common area features.
15-16.060 - Reclassification procedure. The procedure set forth in Article 15-85 of this Chapter shall apply to applications for a change of zone to a combined planned community combined district (including Section15-85.090 Conditional Reclassification), subject to the following exceptions and provisions: (a) Each reclassification to a planned community district shall be a conditional reclassification in accord with Section 15-85.090, and each such conditional reclassification shall in all cases include the following minimum conditions: (1) That the entire site shall be developed in accord with a final site development plan previously approved by the Planning Commission and that building permits shall have been issued and construction commenced on all structures shown on such site development plan or particular units thereof no later than one year from the date of adoption of the Reclassification Ordinance. (2) The owner shall be required to enter into a written contract with the City, secured by good and sufficient bond or bonds, agreeing to be responsible for the care, maintenance and operation of all areas, buildings and facilities not dedicated to public use, but intended for the common use of the residents of the development. (b) Each application for a reclassification shall be accompanied by a tentative map for either site approval or subdivision approval in accordance with the provisions contained in the Subdivision Ordinance, together with the proposed procedure to be followed to insure the care, maintenance and operation of all common areas covered by the agreement referred to in subsection (a)(2) of this Section. (ca) The drawing to be furnished with the application, as required under Section 15-85.030, shall be a general site development plan of the entire development drawn to scale and showing the contours of the site at intervals of not more than five feet, and shall in addition include all of the following information: (1) Proposed land uses densities, population densities, building intensities and parking areas, particularly showing those areas and buildings, if any, intended for the common use or benefit of all residents of the development. (2) Proposed circulation pattern, indicating both public and private streets.
173
(3) Proposed parks, playgrounds, school sites, and other open spaces. (4) General delineation and location of each and every building and structure, the proposed use of each building and structure and a schedule for the construction of each building and structure. (5) Any other information deemed necessary by the Community Development Director. Relation of the development to future land use in the surrounding area and to the General Plan. (db) The Planning Commission may recommend and the City Council may by ordinance adopt a change of zone to a planned community combined district as applied for or in modified and/or conditional reclassification form if, on the basis of the application and the evidence submitted, the Commission and/or the Council make the finding that the change is required to achieve the objectives of the Zoning Ordinance set forth in Section 15-05.020, and can make the following additional findings: (1) That the proposed location of the planned community combined district is in accord with the objectives of the General Plan and the purposes of the zoning district in which the site is located. (2) That the proposed planned community district will comply with each of the applicable provisions of this Chapter. (32) That standards of site area and dimensions, site coverage, setback areas, heights of structures, distance between structures, fences, walls and hedges, signs, rights-of-way and off-street parking facilities for the development will result in an aesthetic asset to the community and produce an environment of stable and desirable character consistent with the overall objectives of the Zoning Ordinance and the General Plan and Zoning Ordinance. (43) That the combination of different uses in the development will compliment complement each other and will harmonize with not adversely affect existing and proposed land uses in the vicinity or the public health, safety and welfare. (4) The application of the combined district furthers two or more of the purposes contained within Section 15-16.010. (c) The owner may be required to enter into a written contract with the City agreeing to be responsible for the care, maintenance and operation of all areas, buildings and facilities not dedicated to public use, but intended for the common use within the development.
174
15-16.070 - Design review. All structures for multi-family and conditional commercial uses in a planned community combined district shall be subject to design review approval pursuant to Article 15-46 of this Chapter. Single-family structures shall be subject to design review approval when otherwise required under the provisions of Article 15-45 of this Chapter.
15-16.080 - Dedication of common green. Where a planned community district is combined with an R-1-20,000 or an R-1-40,000 district, in lieu of the owner setting aside areas for the common benefit of the residents and remaining obligated for the care, maintenance and operation of the same, he may instead dedicate such areas or portions thereof to the City for public parks or recreation uses, so long as no less than fifty percent of the entire site area is either dedicated or set aside for private common use or any combination thereof. Each site development plan which shows any proposed dedication for park or recreation use shall first be submitted to the Parks and Recreation Commission for a report and recommendation prior to action thereon by the Planning Commission. Nothing herein contained shall preclude the City from refusing to accept any offer of dedication not deemed
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 regardless 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 to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, 15308 – Actions by Regulatory Agencies for Protection of
the Environment, and 15061(b)(3) - The general rule that CEQA applies only to projects which
have the potential of causing a significant effect 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.
175
Following a duly notice 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 5th day of September,
2012, and was adopted by the following vote following a second reading on the (Insert Date).
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Chuck Page Crystal Morrow
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
176
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM: Consent
DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson
PREPARED BY: Michael Taylor DIRECTOR: Michael Taylor
SUBJECT: Reorganization of Recreation Division of the Recreation and Facilities
Department
RECOMMENDED ACTION:
Staff recommends that Council accept the report and approve the reorganization of the
Recreation Division of the Recreation and Facilities Department.
REPORT SUMMARY:
On July 3, 2012, the full-time Recreation Department Office Specialist III (OS III) retired (1.0
FTE). As a result, the full-time Office Specialist II (OS II) incumbent was promoted to the OS
III position. The OS II (1.0 FTE) position was reduced to 30 hours per week (.75 FTE). Prior to
the new OS II incumbent’s start date of August 20, 2012 the OS II position was backfilled with a
temporary, non-benefited employee.
On July 12, 2012, the Senior Recreation Supervisor announced her retirement effective
September 27, 2012, after 28 years of service to the City.
After careful review of the Recreation Division, and input from all staff, it was determined that a
reorganization of the division would result in maintaining and enhancing service levels while
reducing operating costs. To move forward with the reorganization, the Senior Recreation
Supervisor position (1.0 FTE) must be downgraded to the position of Recreation Coordinator
(1.0 FTE) and the Office Specialist II (1.0) position must be reclassified to the position of
Recreation Coordinator (1.0 FTE) thereby freeing up $12,946. A portion of the savings would
be reallocated to hire lower cost temporary, non-benefited seasonal staff for the City’s summer
and winter camp programs that will be brought back to the division after being contracted out for
the last two years. Reinstating the City’s youth camp programs would also return valuable teen
employment and leadership opportunities that were eliminated as part of budget reductions.
The two Recreation Coordinator positions would be supervised by the Recreation Supervisor.
The reorganization would eliminate one layer of hierarchy within the division; provide the
division with a sufficient balance of paraprofessional, and professional support to the
development and promotion of its programs and facilities. The level of customer service to the
community will increase as a result of the division’s extension of hours. The front desk will be
open to the public (evenings and Saturday mornings).
177
FISCAL IMPACTS:
The proposed restructuring will provide for salary cost savings of approximately $12,946 per
year. Additional savings may be realized as positions are hired lower than Step 5 on the salary
scale, and medical benefit savings depending on the single/dependent/family status of the
employee. Staff is requesting that $5,000 of the salary savings be reallocated to part-time
temporary salaries for use to reinstate the City summer and winter camp programs for an actual
direct expenditure savings of $7,946. Anticipated revenues from camp program fees would be
approximately $12,000 in the first year for a net operating budget gain of $19,946.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
If not approved, the Recreation Division will continue to operate with its existing staffing
organizational staffing structure.
ALTERNATIVE ACTION:
Council could decide not to downgrade the existing Senior Supervisor position and recruit for a
replacement at the current level.
FOLLOW UP ACTION:
Staff will implement Council direction. If approved, the Human Resources Division will make
the outlined position changes and begin recruitment for 1.0 Recreation Coordinator and the
reclassification of .75 Office Specialist II to 1.0 Recreation Coordinator.
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:
Exhibit A – Chart of existing positions and proposed positions.
178
Current Proposed
Facilities Division
1 Facility Maint. Supervisor
1 Facility Maint. Leadworker
2 Facility Maint. Workers
.60 Facility Coordinator
Recreation and Facilities
Department
Recreation and Facilities Director
Recreation Services Division
1 Senior Recreation Supervisor
1 Recreation Supervisor
1 Office Specialist III
.75 Office Specialist II
Facilities Division
1 Facility Maint. Supervisor
1 Facility Maint. Leadworker
2 Facility Maint. Workers
.60 Facility Coordinator
1 Office Specialist III
1 Rec Coordinator
1 Rec Coordinator
1 Recreation Supervisor
Recreation and Facilities
Department
Recreation and Facilities Director
179
Recreation Services Division
1 Senior Recreation
Supervisor
1 Recreation Supervisor
1 Office Specialist III
.75 Office Specialist II
180
181
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor, DIRECTOR: Dave Anderson
City Attorney
SUBJECT: Consider Proposed Response to Santa Clara County Civil Grand Jury Report
on Pension and Other Post-Employment Benefits
RECOMMENDED ACTION: Review the attached Grand Jury Report and authorize the
Mayor to sign the proposed response attached.
REPORT SUMMARY: The Santa Clara County Civil Grand Jury has directed that the City
consider and respond to the attached Grand Jury Report regarding Pension and Other Post-
Employment Benefits dated June 13, 2012.
The report contains background on the Grand Jury investigation, findings, and
recommendations. State law requires the City to respond to each finding and
recommendation directed at the City. Given the complexity of the issues addressed in the
report a simple summary is not feasible. The report and staff’s proposed responses are
attached.
FISCAL IMPACTS: N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City is
required to respond by law. The City Council may elect to provide alternative responses to those
proposed by staff.
ALTERNATIVE ACTION: The Council may direct staff to prepare responses to the findings
and recommendations that differ from those in the attached drafts.
FOLLOW UP ACTION: Staff will prepare final letters for the Mayor’s signature.
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: Grand Jury Reports and Proposed Responses
182
Incorporated October 22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
COUNCIL MEMBERS:
Manny Cappello
Jill Hunter
Emily Lo
Howard Miller
Chuck Page
September 5, 2012 Honorable Richard J. Loftus, Jr. Presiding Judge Santa Clara County Superior Court 191 North First Street San Jose, CA 95113 Dear Judge Loftus: Thank you for the opportunity to review the 2011-2012 Santa Clara County Civil Grand Jury’s (CGJ) Report regarding An Analysis of Pension and Other Post Employment
Benefits dated June 13, 2012. The City of Saratoga shares the Grand Jury’s concerns and has already implemented some of its recommendations. The Saratoga City Council is also committed to continuing to review ways to appropriately reduce employee costs in the future; as we work to ensure that the public gets the maximum value for their tax dollar. The following are a few points to note in evaluating the data for Saratoga included in the report (Attachment A):
• As a result of negotiations in 2011, Saratoga retirement costs significantly decreased as a result of all employees agreeing to pay the maximum employee contribution of 7% of wages.
• Saratoga retirements costs will go down over time as the City now has a two-tier retirement plan for employees hired on or after May 12, 2012 (2% at 60 as the second tier) and each employee will pay the maximum employee contribution of 7% of wages.
• Saratoga has no “other Post Retirement Benefit obligations.” (OPEB) Please contact me at 408.868.1216 or Saratoga City Manager Dave Anderson at 408.868.1213 if you seek additional information or have any questions regarding this response to the CGJ report. Sincerely, Chuck Page Mayor Cc: Deanna Mouser, Attorney
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Attachment A: City of Saratoga Response to Civil Grand Jury Report,
An Analysis of Pension and Other Post-Employment Benefits
Finding 1: Public sector employees are eligible for retirement at least 10 years earlier than is common for private sector employees.
City Response:
The City of Saratoga agrees that the common standard for public sector defined benefit plans
is 2%@55, while full Social Security eligibility begins at age 65.
Recommendation 1: The Cities should adopt pension plans to extend the retirement age beyond current retirement plan ages.
City Response:
This recommendation has been implemented. The City of Saratoga on May 12, 2012 has
implemented a second tier plan to the maximum retirement age plan allowed under CalPERS.
The City of Saratoga successfully negotiated and adopted a second tier CalPERS plan with
each of its bargaining units to have employees hired on or after May 12, 2012 covered by the
2% at 60 plan, rather than the 2% at 55 plan. Under the new 2%@60 formula, employee
groups and unrepresented employees have agreed to have each employee pay the CalPERS
employee contribution of 7% of wages. (All employee groups and unrepresented employees
under the 2% @55 plan have also agreed to have each employee pay the CalPERS employee
contribution of 7% of wages, with that change effective in 2011.)
As a result of the adoption of Assembly Bill No. 34 by the State Legislature, new employees
hired after January 1, 2013 will be enrolled in a defined benefit formula: 2% at 62.
Finding 2 Campbell, Gilroy, Los Altos Hills, Los Gatos, Milpitas and Palo Alto have adopted second tier plans that offer reduced Benefits, which help reduce future costs, but further changes are needed to address today’s unfunded liability. Santa Clara County and the cities of Cupertino, Los Altos, Monte Sereno, Morgan Hill, Mountain View, San Jose, Santa Clara, Saratoga and Sunnyvale have not adopted second tier plans.
City Response:
The City of Saratoga disagrees partially with this finding because the City now has a two-tier
retirement plan for employees hired on or after May 12, 2012 (2% at 60 as the second tier).
See Response to Recommendation 1.
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Recommendation 2A Santa Clara County and the cities of Cupertino, Los Altos, Monte Sereno, Morgan Hill, Mountain View, San Jose, Santa Clara, Saratoga and Sunnyvale should work to implement second tier plans.
City Response:
The recommendation has been implemented. The City of Saratoga now has a two-tier
retirement plan for employees hired on or after May 12, 2012 (2% at 60 as the second tier).
See Response to Recommendation 1.
Recommendation 2B For Gilroy, Los Gatos, Milpitas and Palo Alto, which have not implemented second tier plans for MISC and Public Safety second tier plans should be implemented for both plans.
City Response:
Not Applicable.
Recommendation 2C All Cities’ new tier of plans should close the unfunded liability burden they have pushed to future generations. The new tier should include raising the retirement age, increasing employee contributions, and adopting pension plan caps that ensure pensions do not exceed salary at retirement.
City Response:
The recommendation has been implemented. The City of Saratoga now has a two-tier
retirement plan for employees hired on or after May 12, 2012 (2% at 60 as the second tier).
As a result of negotiations in 2011, Saratoga retirement costs significantly decreased as a
result of all employees agreeing to pay the maximum employee contribution of 7% of wages.
Furthermore, as the City of Saratoga did not enhance pension benefits in the last decade, and
does not provide Other Post Employment Benefits, the City has not incurred an unfunded
liability burden.
Finding 3 Retroactive Benefit enhancements were enacted by Cities using overly optimistic ROI and actuarial assumptions without adequate funding in place to pay for them.
City Response:
Not Applicable because the City of Saratoga did not enact retroactive benefit enhancements
to its CalPERS plan, but rather has maintained the 2%@55 plan for its employees hired before
May 12, 2012.
Recommendation 3 The Cities should adopt policies that do not permit Benefit enhancements unless sufficient monies are deposited, such as in an irrevocable trust, concurrent with enacting the enhancement, to prevent an increase in unfunded liability.
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City Response:
The recommendation requires further analysis. The Director of Finance and Administrative
Services will discuss the analysis of this recommendation with the City Manager in 2012. The
City will take this fiscal policy recommendation into consideration for any future benefit
changes.
Finding 4 The Cities are making an overly generous contribution toward the cost of providing Benefits.
City Response:
The City of Saratoga disagrees partially with this finding (as it relates to Saratoga) because
the City’s bargaining units agreed to economic concessions and partnered with the City of
Saratoga to provide more financially sustainable benefits. Employee groups and those
employees not represented by an employee group within the City of Saratoga agreed to
contribute the 7% employee contribution for CalPERS pension benefits to assist the City of
Saratoga in sustaining its ability to provide services to its residents while also allowing the
City to recruit and retain qualified and valued staff. The City’s cost of providing benefits are
much less than other cities because of the reforms that have been implemented and because
the City does not offer post-retirement benefits.
Recommendation 4A The Cities should require all employees to pay the maximum employee contribution rate of a given plan.
City Response:
The recommendation has been implemented. All City of Saratoga employees pay the
maximum employee contribution rate of 7% of wages.
Recommendation 4B The Cities should require employees to pay some portion of the Past Service Cost associated with the unfunded liability, in proportion to the Benefits being offered.
City Response:
The recommendation requires further analysis and would need to be considered within the
context of all elements of an MOU as this is an item that is a mandatory subject of bargaining
pursuant to the Meyers-Milias-Brown Act, and as such, the City cannot definitely commit to
implementing this recommendation. The Director of Finance and Administrative Services will
discuss the analysis of this recommendation with the City Manager in 2012.
Finding 5 The Cities are not fully funding OPEB benefits as evidenced by large unfunded liabilities and small funded ratios.
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City Response:
Not applicable because the City of Saratoga does not offer OPEB benefits.
Recommendation 5 The Cities, should immediately work toward implementing policy changes and adopting measures aimed at making full OPEB ARC payments as soon as possible.
City Response:
Not applicable because the City of Saratoga does not offer OPEB benefits.
Finding 6 The City of San Jose permits the transfer of pension trust fund money, when ROI exceeds expectations, to the SRBR, despite the fact that the pension trust funds are underfunded.
City Response:
Not Applicable.
Recommendation 6 The City of San Jose should eliminate the SRBR program or amend the SRBR program to prevent withdrawal of pension trust money whenever the pension-funded ratio is less than 100%.
City Response:
Not Applicable.
Finding 7 The Cities’ defined benefit pension plan costs are volatile. Defined contribution plan costs are predictable and therefore more manageable by the Cities.
City Response:
The City disagrees partially with this finding. The City of Saratoga participates in the
CALPERS retirement system as do most other California Cities. Adopting a defined
contribution system would mean abandoning the CALPERS system and adopting another, less
common 403(b) plan. This may put the City at a competitive disadvantage when attempting
to recruit experienced staff that have many years vested into CALPERS.
Recommendation 7 The Cities should transition from defined benefit plans to defined contribution plans as the new tier plans are implemented.
City Response:
The recommendation requires further analysis. As noted previously, the City of Saratoga
contracts with CalPERS to administer the pension benefit for existing employees. CalPERS
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does not currently offer a defined contribution plan, and the City does not have the option of
changing to a defined contribution plan outside of CalPERS for new hires. Should CalPERS
offer a defined contribution plan in the future, setting up a new tier plan based on a defined
contribution is an option that the City can explore. The City of Saratoga meets and confers in
good faith with its employee groups, and the recommended change would be subject to
meeting and conferring. The Director of Finance and Administrative Services will discuss the
analysis of this recommendation with the City Manager in 2012.
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2011-2012 SANTA CLARA COUNTY
CIVIL GRAND JURY REPORT
1
AN ANALYSIS OF PENSION AND OTHER POST
EMPLOYMENT BENEFITS
Issue
After reviewing the Comprehensive Annual Financial Reports (CAFRs) of all cities,
towns and the County of Santa Clara (hereafter referred to as City or Cities1), the Grand
Jury was struck by the extent that the pensions and Other Post Employment Benefits
(OPEB) (collectively “Benefits”) were underfunded. Subsequently, the Grand Jury
sought to answer the following question: “Is the cost of providing pension and other
post employment benefits interfering with the delivery of essential City services and is
the ultimate cost to the taxpayers a bearable burden?”
Introduction
The Grand Jury developed a survey to gather information from the Cities and the
County. The Survey and responses are important to this report and the Grand Jury
encourages readers to read the Survey questionnaire provided in Appendix A before
continuing. Due to the technical complexity of this report, the Grand Jury has provided a
glossary of the terminology used throughout this report (Appendix B). Acronyms are
also included in the glossary.
CalPERS2 requires Cities to contribute sufficient funds, held in trust, to pay for pension
benefits as they are earned. This helps to ensure sufficient funding is in place to
provide the promised pension benefits. This trust money is invested and expected to
return a long-range investment return as high as 7.50%3 (after expenses). It is these
investment earnings that are expected to pay for as much as 70%4 of the cost of
pension benefits.
1 Cities as defined in this report include: Santa Clara County; the cities of Campbell, Cupertino, Gilroy,
Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara,
Saratoga, Sunnyvale; and the towns of Los Altos Hills and Los Gatos,
2 The California Public Employees' Retirement System (CalPERS) is an agency in the California
executive branch that manages pension and health benefits for California public employees, retirees, and
their families.[
3 CalPERS recently reduced this rate from 7.75%.
4 Expected to decline as investment yield declines.
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2
According to interviews, historically high investment earnings in the early 1990s
spawned the belief that expensive pension enhancements could be granted and paid for
by the excess investment earnings without compromising the Cities’ ability to afford
other services. Once these pension enhancements are granted to an employee, they
generally cannot be retracted unless a substantially comparable replacement is offered,
a concept referred to as vested rights. Cities reported that they felt compelled to
enhance benefits to attract and retain the best work force possible.
In addition to pensions, employers provide OPEB consisting primarily of health care
benefits. Unlike pension funding requirements, there is no requirement for Cities to pre-
fund the cost of OPEB benefits. As a result, most Cities have not funded OPEB
benefits and have accrued large OPEB debts. Escalating health care costs, the largest
component of OPEB, compound this debt problem.
As a result of an economic downturn, the average investment rate of return (investment
earnings) for the last ten years is considerably below what experts and Cities agree is
the still optimistic assumed rate of 7.5%. This return on investment (ROI) leads to an
increase in the Cities’ annual payment into the pension fund to make up the difference.
The rising costs of pension and OPEB (collectively hereinafter referred to as Benefits),
combined with the downturn of the economy have resulted in very large budget
shortfalls. These must be paid by current and future tax revenue, which is limited.
Thus, according to interviews, paying for these rising costs will come at the expense of
other City services.
With this in mind, the Grand Jury assessed the viability and sustainability of Cities’
public employee Benefits. This assessment sought to answer the following questions:
What are the costs of public employee Benefits and who pays for them?
Will Cities’ projected revenues keep up with projected expense of Benefits?
What is being done and what can be done to control Benefit costs?
Why are public employee Benefits different from those in the private sector?
Background
Several cities have declared bankruptcy. While the reasons for bankruptcy vary from
one municipality to another, and include lower tax revenues and decreased home
values, one common reason cited is large unfunded liability associated with providing
pension and healthcare benefits to its public employees. Locally, the City of Vallejo
declared bankruptcy in 2009 after failing to negotiate pay cuts in the face of $195 million
in unfunded pension obligations. Stockton is falling into bankruptcy with less than 70
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3
cents set aside for every dollar of pension benefits its workers are owed5. A recent
Stanford University study regarding public pension funds statewide emphasizes this
predicament: “public pension shortfalls of $379 billion or $30,500 per household” exist
statewide6 contributing to the downgrading of California’s bond rating. San Jose is
proposing pension reform and considering higher taxes resulting from ten consecutive
years of budget shortfalls. The full effect of these unsustainable costs is yet to come.
Methodology
The scope of the Grand Jury’s investigation was limited to the Cities. Special districts
and other agencies were excluded from this investigation. The following resources were
used to gather and evaluate the data contained in this report:
City CAFRs; particularly notes to financial statements concerning Benefits (see
Appendix A)
Results obtained from a survey created by the Grand Jury and distributed to the
Cities (see Appendix B for the complete survey)
Interviews conducted with one or more of the following persons from the Cities:
Financial Manager, Chief Finance Officer, City Manager, Retirements Service
Director, and Human Resource Manager. All interviews were conducted
following receipt and evaluation of a survey, affording the opportunity to seek
clarification and elaboration on survey responses as necessary.
Interviews with CalPERS actuaries and CalPERS consultants
Other documents listed in Appendix A.
Report Conventions
The Grand Jury did not extrapolate, derivate or convert the data provided by the Cities
in response to the survey. When the Grand Jury had questions, or found
inconsistencies in the data provided, every effort was made to resolve the issues
through interviews, email and phone conversations.
All dollar figures are expressed in actuarial valuation units,7 not market value, unless
otherwise stated. The glossary in Appendix C provides definitions of the terminology
used throughout this report. Acronyms are also included in the glossary.
5 "Untouchable pensions may be tested in California," Mary Williams Walsh, New York Times, March 16,
2012.
6 http://siepr.stanford.edu/system/files/shared/Nation%20Statewide%20Report%20v081.pdf
7 See Appendix C Glossary for definition.
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4
Discussion
This discussion consists of three primary sections:
Understanding CalPERS presents and discusses the basic concepts of
CalPERS public pension benefits to lay a foundation for a more detailed look at
City-provided Benefits.
Key Survey Results discusses those survey results found to be most relevant to
answering the Grand Jury questions.
San Jose’s Plan is discussed separately because San Jose is the only city to
not use CalPERS.
Understanding CalPERS
Because all Cities except San Jose8 participate in CalPERS for pension and many use
CalPERS for OPEB as well, it is vital to understand the following key concepts:
• Basic Pension Plan Formulas
• Annual Required Contribution (ARC)
• CalPERS Menu Options
• Assumed or expected Return on Investment (ROI)
• Unfunded Liability.
Basic Pension Plan Formulas
Employees belong to one of two different groups: Miscellaneous (MISC) or Public
Safety,9 each having defined plans. Table 1 lists all first tier10 CalPERS plans utilized
by Cities. Note that the plan names include the pension earned per year and the
retirement age at which full benefits are received.
8 Excluding the San Jose Mayor and Council Member plan.
9 Police and Fire personnel.
10 See Appendix C Glossary for definition.
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5
Table 1: First Tier CalPERS Plans Used by the Cities
s Plans Public Safety Plans
Plan Name Number of Cities
Participating Plan Name Number of Cities
Participating
2.0%@55 4 3.0%@50 1111
2.5%@55 5 3.0%@55 1
2.7%@55 7
For all plans the pension benefit formula contains the same three primary components
multiplied together as shown here:
Pension = Earned Benefit Rate x Years of Service x Salary
Earned Benefit Rate: This is the percent of salary earned per year of service as
indicated by the plan name. Retirement before age 55 for MISC employees and before
age 50 for most Public Safety employees results in the Earned Benefit Rate being
reduced (per CalPERS’ table). For example, a MISC employee in the 2.0%@55 plan
who retires at age 50 gets an earned benefit rate of 1.42612 per year of service rather
than 2.0. Similarly, participants of the 2.5%@55 plan as well as the 2.7%@55 plan
receive an earned benefit rate of 2.0 at age 50. Interestingly, the earned benefit rate for
members of the 2.0%@55 plan continue to rise until the age 63 where it plateaus at
2.41813 percent per year of service. This contrasts with the other two MISC plans that
plateau at age 55 at 2.5% and 2.7% respectively. (For a more detailed delineation of
earned benefit rates, see www.calpers.ca.gov).
Years of Service: This is self explanatory except to point out CalPERS supports
reciprocity, which means that employees can transfer from one CalPERS-covered
agency (City) or any other public agency that has established reciprocity with CalPERS,
to another such agency without forfeiture of earned pension (as is usually the case in
the private sector).14 Thus, an employee may work 10 years each for three different
cities and earn the same pension benefits as otherwise would have been earned if they
had worked for 30 years at a single city. But because each of the three cities pays only
its one-third share of the earned pension, statistically, this employee appears as three
employees earning a more modest pension from each city.
11 Some Cities contract for police and fire. Gilroy police and fire belong to separate Public Safety plans.
12 From CalPERS Benefit FactorsTable, page 22, Local Miscellaneous Benefits
13 From CalPERS Benefit FactorsTable, page 22, Local Miscellaneous Benefits
14 Reciprocity agreements may also exist between other pension plan providers.
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6
Salary: CalPERS has guidelines defining what wages and reimbursements qualify for
the purposes of determining pension. For a detailed discussion, go to
www.calpers.ca.gov. Generally, salary can either be the average highest salary over a
three-year period, or a highest single 12-month salary can be used, depending on the
plan adopted by the City. Using the highest 12-month salary (rather than highest 36-
month average salary in the pension formula shown above) is an example of what is
known as a “Class 1” benefit enhancement that is more expensive to provide.
It is noted here that Public Safety plan participants have a 90% maximum salary cap
that can be earned at onset of retirement. There is no corresponding limit placed on
plan participants. In both cases however, the Grand Jury learned that large pensions
(expressed as a percent of salary) serve as a deterrent to prolonging employment
because one can retire at close to full pay. Subsequent discussions on Employer Paid
Member Contribution (EPMC) and Cost-of-Living Allowances (COLA) will show how
pensions can actually exceed salary, leading to the paradox of employees losing
income if they continue to work as a public employee rather than retire.
ARC: What is it and How is it Determined?
The ARC is the annual actuarially determined amount that must be paid to ensure there
will be enough money to pay for all promised Benefits. As shown below, the pension
ARC consists of three principle components added together:
ARC = Employee Contribution + Normal Cost + Past Service Cost
It should be noted that generally the Normal Cost and Past Service Cost, in accordance
with labor contracts, are paid for by the Cities—through tax revenue—and sometimes
are supplemented by an employee contribution.
Employee Contribution: From the perspective of CalPERS, this is a fixed percent
and, as the name would suggest, was intended to be paid by the employees in much
the same way as most private workers pay a portion of their own Social Security
benefits. For all City employees, the Employee Contribution is either 7%, 8% or 9% of
an employee’s salary, depending in which plan the employee participates. It is
important to note, however, that in practice, most Cities pay some portion of this cost on
behalf of the employees.
Normal Cost: Less the employee contribution, if made, this is the amount required to
pay for the benefits that were earned in the prior year for the (expected) life of the
employee in retirement. This is determined through rigorous actuarial valuations taking
many variables into account, including retirement age, life expectancy, and probability of
disability. Normal Cost tracks very closely with the degree of Benefits being offered.
That is to say, discrete cost increases occur to this component of the ARC with each
benefit enhancement proportional to the cost of the benefit. Without benefit
enhancements, Normal Cost remains relatively flat over time.
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Past Service Cost: Whenever the plan assets (all previously paid ARCs), including
ROI, become insufficient to pay the actuarial accrued cost of benefits, an unfunded
liability15 exists. This deficit must be made up in the form of Past Service Cost. This
component of the ARC is largely proportional to unfunded liability, increasing as the
unfunded liability goes up to begin paying down the debt. For many Cities surveyed,
Past Service Cost is approaching and in some cases already exceeds Normal Cost.
Later, this report will discuss the three most often cited reasons for unfunded liability:
market losses (ROI lower than the assumed rate), retroactive benefit enhancements,
and other accumulated actuarial assumption changes (e.g., longer life expectancy,
demographic changes).
CalPERS Menu Options
Each CalPERS plan has numerous benefits that are inherent to the plan itself.16 In
addition to these benefits, CalPERS offers a wide range of menu options that can be
thought of as upgrades or enhancements to the base plan. They are too numerous to
list but include the following:
Annual cost-of-living allowance (COLA) increase
Employer-paid member contribution (EMPC)
Credit for unused sick leave
Improved industrial and non-industrial disability
Special death benefits
Survivor benefits
Various military and public service credits.
Each enhancement selected results in quantifiably larger ARC payments. One cannot
conclude from the plan name that it is necessarily more or less generous than another
plan of a different name. For this reason, the Grand Jury’s investigation concerned
itself not with the issue of what specific Benefits were being provided but rather what
was the total cost of providing the Benefits expressed as a percent of payroll. Cities and
CalPERS experts agreed this is a sound methodology for comparing cities of different
sizes.
15 See Appendix C Glossary for definition.
16 For a more detailed discussion of menu options, go to www.calpers.ca.gov.
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8
Sensitivity to Expected ROI
All Cities and all CalPERS representatives interviewed consistently told us that
somewhere between 65% and 70% of the money to pay for Benefits comes from the
ROI of previously accumulated ARC payments. This cannot be emphasized enough.
The Cities spoke to their burden in struggling to meet ARC obligations in light of budget
constraints, but these ARC payments cover only about 30% of the amount necessary to
cover the cost of providing these Benefits. A critical actuarial assumption is the
expected ROI, which is currently assumed to be 7.50% after expenses for pension. The
actual average ROI over the last ten years has been 6.1% as depicted in Figure 1. The
result of this underperformance is higher unfunded liabilities, lower funded ratios, and
larger ARC payments (in particular, the Past Service Cost component of the ARC as
discussed above). Discussion of San Jose’s ROI included in this figure is deferred until
later.
Figure 1: Actual Return on Investment Compared to Assumed and Dow Jones17
CalPERS lowered the assumed ROI from 7.75% to 7.5% at a March 14, 2012 meeting.
Last year this same recommendation was rejected. This year, a 0.5% change was
recommended and only a 0.25% change was approved. Table 2 below is excerpted
from “Pension Math: How California’s Retirement Spending is Squeezing the State
Budget” written by Joe Nation from Stanford Institute for Economic Policy Research.
17 DJIA is calendar year and other data are fiscal year
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9
Table 2: CalPERS Return on Investment Analysis
Investment rate Probability of meeting
or exceeding rate
CalPERS funded
ratio18
9.5% 21.7% 95.1%
7.75% 42.1% 73.5%
7.1% 50.7% 66.7%
6.2% 62.6% 58.3%
4.5% 80.9% 45.1%
Two key points in Table 2 are:
According to this analysis, there is only a 42.1% chance of meeting or exceeding
an assumed investment rate of 7.75% as highlighted in the table. It should be
noted that the ROI assumption was recently reduced to 7.5%.
Dropping down to a more conservative 6.2% investment rate (still higher than the
6.1% average for the last ten years) is recommended by many leading
economists and recognized financial experts. The corresponding funded ratio
reduction would result in increases to unfunded liabilities and significantly higher
ARC costs.
Sunnyvale projects this modest CalPERS-approved reduction of 0.25% in assumed ROI
will increase its ARC by 2.3% of payroll for MISC employees and 3.8% of payroll for
Public Safety employees, totaling nearly a $3M increase per year in ARC payments. As
shown in Table 3, Sunnyvale’s pension cost was just over $25M. So, a $3M increase
represents a 12% increase. CalPERS and pension experts we spoke with asserted that
the cost of each additional 0.25% reduction in assumed ROI is not linear and warned
extrapolating this cost increase would result in underestimating the total cost impact.
Unfunded Liability & Funded Ratio
Unfunded Liability is the unfunded obligation for prior benefits, measured as the
difference between the accrued liability and plan assets. When using the actuarial value
of plan assets, it is also referred to as the Unfunded Actuarial Accrued Liability (UAAL).
In everyday language, it is the difference between the cost of the benefits already
earned and the amount currently paid; it is the amount due.
18 As of June 30, 2011
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10
Table 3: Unfunded liability for pension and OPEB for all large cities
shows the total for these nine cities is nearly $7B
FY 2010 Unfunded Liabilities (Not in Risk Pool)19 Debt per
Resident
City Pension OPEB Total
Santa Clara County $1,455,835,322 $1,300,000,000 $2,755,835,322 $1,547
Cupertino $18,581,728 $18,069,366 $36,651,094 $629
Gilroy $35,100,000 $4,900,000 $40,000,000 $819
Milpitas $70,166,975 $31,230,798 $101,397,773 $1,518
Mountain View $104,121,296 $29,396,467 $133,517,763 $1,803
Palo Alto $153,941,000 $105,045,000 $258,986,000 $4,021
San Jose20 $1,434,696,471 $1,706,081,881 $3,140,778,352 $3,320
Santa Clara $223,667,947 $23,855,000 $247,522,947 $2,125
Sunnyvale $149,300,000 $92,800,000 $242,100,000 $1,728
Total $3,645,410,739 $3,311,378,512 $6,956,789,251
The Funded ratio is the market value of assets at a specified date, over the accrued
actuarial liability as of the same date. While technically accurate, these definitions
provide no insight into the causes of what have become large unfunded liabilities and
correspondingly low-funded ratios. The Grand Jury learned from CalPERS that the
three primary reasons for unfunded liabilities are the following:
70% of the unfunded liabilities is attributable to market performance
15% of the unfunded liabilities is attributable to retroactive benefit enhancements
15% of the unfunded liabilities is attributable to other actuarial assumption
changes.
The percentages shown above are “rule of thumb” values according to the CalPERS
representatives; individual City percentages will vary.
Key Survey Results
With the basic concepts of public pension benefits understood, the Grand Jury prepared
a survey to gather information from the Cities. Survey responses and all supplemental
data provided by the Cities were analyzed to answer the following questions:
19 Numbers reflect data provided in survey responses.
20 Excluding Mayor and Council Member Plan.
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What is the total amount of unfunded liabilities?
What is the total cost each year to provide Benefits and at what rate is the cost
going up per year?
Why are OPEB funded ratios so low?
When were Benefit enhancements enacted and how do they impact unfunded
liability?
What progress is being made to control escalating costs?
Why are public Benefits so different from private sector Benefits?
Do vacation, holiday and sick leave policies in the public sector differ from those
that are commonly found in the private sector?
Unfunded Liability (Large Debts)
Table 3 tabulates the unfunded liability for both pension and OPEB for all large cities not
belonging to a risk pool and shows the total unfunded liability for these nine cities is
nearly $7B. Cities having fewer than 100 employees in a given pension plan (Campbell,
Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga) are not
included because they belong either entirely or in part to a risk pool. CalPERS currently
does not provide this information to the Cities in the risk pool. Los Gatos and Morgan
Hill, for instance, do not know their portion of a $3,515,314,403 unfunded liability
associated with the Public Safety risk pool to which they belong. While Monte Sereno
and Los Altos Hills did offer an approximation of their portion of the risk pool liability,
CalPERS representatives recommended against using the estimation and as a result
are not included in Table 3. The Grand Jury has learned the Government Accounting
Standard Board (GASB) is considering a policy change to require the Cities in the risk
pool21 to report individual unfunded liability. Many Cities surveyed focused primarily on
minimizing the ARC payments, the short-term cost due, as opposed to addressing the
larger, endemic problem of its unfunded liability. This is problematic because minimizing
ARC payments today at the expense of addressing the growing unfunded liability
means shifting the costs to the future, hoping market improvements will solve the
problem. If the market does not improve, taxpayers may face increased taxes or
reduced services in the future.
Using 2010 census data obtained from http://www.sccgov.org together with the data in
Table 3, it is possible to estimate the amount owed by each resident to pay down
current Benefit debts in the Cities. For example, each resident of San Jose owes
$3,320 to the city. As residents of the County, they also owe an additional $1,547 to the
21 See Appendix C Glossary for definition.
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County.22 But while this would pay down the current debt and significantly reduce ARC
payments, it does not guarantee staying out of debt going forward.
High Cost of Benefits (ARC) . . . and Getting Higher
The accumulated City cost of providing annual Benefits in FY2010 was $667,215,205
as shown in Table 4. While it is useful to know the annual cost of providing Benefits it is
not possible to judge whether or not any City is paying a disproportionate cost due to
the size variance of the Cites (large Cities are expected to pay more because they have
more employees). For this reason, the Grand Jury chose to compare the Cities by
expressing the ARC as a percent of payroll. Cities and pension experts agreed the
Grand Jury’s method of making this calculation was correct. That said, the same values
shown in Table 4 are also shown in Figure 2 expressed as percent of payroll separating
pension, OPEB and Social Security as applicable.
Table 4: Countywide total cost of providing annual Benefits in FY2010 is $667,215,205
City Pension Cost23 OPEB Cost24 Social Security
Cost25 Total
Santa Clara County $235,630,042 $90,000,000 $65,136,430 $390,766,472
Campbell $2,728,302 $206,220 $2,934,522
Cupertino $1,841,350 $7,616,760 $9,458,110
Gilroy $4,900,000 $186,334 $5,086,334
Los Altos $1,842,949 $19,505 $1,862,454
Los Altos Hills $190,021 $203,000 $393,021
Los Gatos $2,958,209 $949,845 $3,908,054
Milpitas $7,164,473 $3,356,836 $10,521,309
Monte Sereno $125,713 $0 $37,863 $163,576
Morgan Hill $2,763,818 $15,119 $2,778,937
Mountain View $8,929,685 $4,376,387 $13,306,072
Palo Alto $19,964,080 $9,019,000 $28,983,080
San Jose $106,881,000 $34,147,000 $141,028,000
Santa Clara $20,257,754 $2,115,643 $3,494,639 $25,868,036
Saratoga $917,228 NA $917,228
Sunnyvale $25,300,000 $3,940,000 $29,240,000
Total $442,394,624 $156,151,649 $68,668,932 $667,215,205
22 Note these figures are per resident, not per household, and exclude an additional state pension liability
all California residents bear, which is outside the scope of this report.
23 Many Cities, but not all, provided separable “sidefund” expenditures from ARC.
24 May include money spent over and above ARC payment.
25 Only MISC employees in Santa Clara County, Monte Sereno and Santa Clara participate in Social
Security.
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As shown in Figure 2, the cities of Campbell, Los Altos, Monte Sereno, Morgan Hill and
Saratoga pay less than 20% of payroll towards Benefits while the remaining cities pay
more than 20%. Cupertino, Palo Alto and Sunnyvale pay in excess of 30% of payroll
towards Benefits. The survey results further indicated that Mountain View is noteworthy
because it offers similar plans as Cupertino, Palo Alto and Sunnyvale but at lower cost
to the city through cost sharing with employees who pay the entire employee
contribution (8% for MISC and 9% for Public Safety) plus some negotiated portion of
that city’s cost in the range of 1.5% to 6.8% depending on job type. Cupertino, Palo
Alto and Sunnyvale in contrast to Mountain View, pay some portion of the employee
contribution with Sunnyvale contributing the most (7% of the required 8% for MISC
employees and 8% of the 9% for Public Safety employees).
Figure 2: FY 2010 Benefit Ranking by Percent of Payroll
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Comparing the Sunnyvale pension costs expressed in percent of payroll to Mountain
View (same plans) demonstrates that employee contributions toward the cost of
pensions is just as effective at keeping the cost under control as curtailing the level of
pension benefits being offered. Mountain View actually compares favorably to other
cities offering lower benefits. Table 5 summarizes the Cities’ plan(s) and the amount
contributed by employees.
For those Cities that elected to participate in Social Security (MISC employees in the
City of Santa Clara, Santa Clara County and Monte Sereno), the cost to the city has
been added to reflect the total amount the city is paying toward employee Benefits.
The survey responses conveyed how much pension and OPEB were expected to rise
during the next five to ten years. Most Cities responded using projections from the
latest actuarial valuations, which estimate contributions as a percentage of payroll
rather than in dollars. In the case of pension, these valuations are performed by
CalPERS and in the case of OPEB, the valuations are performed by an actuary firm
under contract to the City. All Cities’ Benefits costs are trending up, in spite of optimistic
assumptions regarding the ROI that has been shown to be of paramount importance.
Projected San Jose cost increases are discussed separately in subsequent sections.
Unfunded Retroactive Pension Benefit Enhancements
When a City amends its contract with labor unions to increase the pension formula (e.g.,
2% @ 55 to 2.5% @ 55) the increased benefits apply retroactively to all prior years of
service. The retroactive application of the increase results in an increase in the
unfunded liability and requires an increase in ARC payments by the City. The reason for
the increase in ARC payments can be illustrated by this example:
Assume an employee has worked for twenty-five years and has paid into the
system all those years. The City leaders now approve a retroactive benefit
enhancement without funding the retroactive period. Immediately the
employee and employer have effectively underpaid for the enhanced
unfunded benefits portion for the previous twenty-five years. The difference
between what was actually paid and what should have been paid to provide
the enhanced benefit adds to unfunded liability, which increases ARC
payments. This is now a new liability to the taxpayer.
In question three of the Grand Jury questionnaire (Appendix B), Cities were asked to list
any significant pension benefit changes that have been made over the past ten years.
Table 5 summarizes the responses received by the Grand Jury. As the table shows,
most Cities have increased pension benefits within the last ten years. When asked how
much these benefit increases changed Unfunded Liability, most cities provided the
CalPERS provided answer of 15%. However, Cupertino stated that benefit changes are
responsible for 26% of their Unfunded Liability and the City of Santa Clara cited 24.6%.
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Table 5: Pension Benefit Plan Changes
Name of City/County
1st Tier Plan 2nd Tier Plan
Year
of
increa
se
Original Plan Benefit Increase
Employee Paid
Contribution
FY 2011 (Per
Survey
Responses)
Plan
Name
Year
Adopted
Employee
Paid
Contributio
n
County of Santa Clara 2007 MISC 2%@55 MISC to 2.5%@55 3.931 to 5%None
County of Santa Clara 2001 Public Safety 2%@50
Public Safety to
3%@50 0.5 to 9% None
Campbell 2002 MISC 2%@55 MISC to 2.5%@55 7%
MISC
2%@60 2011 7%
Campbell 2001 Public Safety 2%@50
Public Safety to
3%@50 8%
Public
Safety
2%@50 2010 9%
Cupertino 2007 MISC 2%@55 MISC to 2.7%@55 2%None
Gilroy 2006 MISC 2%@55 MISC to 2.5%@55 8%None
Gilroy 2002 Police 2%@50 Police to 3%@50 9%
Police
2%@50 2011 9%
Gilroy 2007 Fire 2%@50 Fire to 3%@55 9%
Fire
2%@55 2011 7%
Los Altos 2004 MISC 2%@55 MISC to 2.7%@55 1%None
Los Altos 2003 Public Safety 2%@50
Public Safety to
3%@50 1% None
Los Altos Hills* MISC 2%@55 None 0%
MISC
2%@60 2011 7%
Los Gatos 2008 MISC 2%@55 MISC to 2.5%@55 8%2%@60 2012 7%
Los Gatos 2001
Public Safety
2.5%@55
Public Safety to
3%@60 9% None
Milpitas 2002 MISC 2%@55 MISC to 2.7%@55 8%2%@60 2011 9%
Milpitas 2000 Public Safety 2%@50
Public Safety to
3%@50 9% None
Monte Sereno* MISC 2%@55
No pension
benefit changes 0% None
Morgan Hill 2006 MISC 2%@55 MISC to 2.5%@55 1‐8%None
Morgan Hill 2002 Public Safety 2%@50
Public Safety
increase to
3%@50 9% None
Mountain View 2007 MISC 2%@55
MISC increase to
2.7%@55 8%+ None
Mountain View 2001 Public Safety 2%@50
Public Safety
increase to
3%@50 9%+ None
Palo Alto 2007 MISC 2%@55
MISC increase to
2.7%@55 2%‐5.7% 2%@60 2010 2%
Palo Alto 2002 Public Safety 2%@50
Public Safety
increase to
3%@50 0%‐9% None
San Jose Federated 2.5%@55 4.68%None
San Jose Public Safety 3%@50 10.50%None
Santa Clara 2006 MISC 2%@55
MISC increase to
2.7%@55 8% None
Santa Clara 2000 Public Safety 2%@50
Public Safety to
3%@50 9%‐11.25% None
Saratoga* 2%@55
No pension
benefit changes 7% None
Sunnyvale 2007 MISC 2%@55
MISC increase to
2.7%@55 1% None
Sunnyvale 2001 Public Safety 2%@50
Public Safety
increase to
3%@50 1%‐3% None
* These cities contract out for public safety services, avoiding a direct benefit liability.
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Cities told the Grand Jury that as recently as 2003, and in 2007 for Campbell and Los
Altos Hills, their plans were over funded. Assuming this trend would continue, Cities
thought they could enhance Benefits without significantly increasing their costs.
Analysis was performed to prove the enhancements could be funded. In hindsight, this
did not prove to be the case because the analysis assumed the optimistic ROI would be
achieved.
The County and a few of the cities attempted to recover some of the increased cost by
increasing the employee paid contributions and by eliminating previously enhanced
menu options. The Grand Jury learned that in some cases adequate funding was not in
place to pay for the enhanced pension benefits at the time they were granted. Without
solid plans to fund increases in pension benefit plans, Cities pushed the impact of these
increases to future generations of taxpayers.
Nearly every City demonstrated an historical pattern of granting unfunded benefit
enhancements as discussed here. This practice is beginning to change with the
adoption by a few cities of second tier26 plans that extend retirement age and reduce
Benefit costs.
Table 5 shows that eight cities have adopted second tier plans. Other Cities may be in
the process of adopting second tier plans but cannot report this fact because of ongoing
union negotiations. Note that all new second tier plans continue to be the defined
benefit type; none have adopted any form of defined contribution elements. While the
creation of second tier plans will reduce the cost of providing pension benefits,27 these
savings will not materialize for many years. All risks associated with market losses
remain with the Cities, and ultimately the taxpayers. Increasing employee contribution
rates, subject to labor agreements, is the most effective method of controlling cost in the
shortest amount of time.
Low OPEB Funded Ratios
As shown in Table 6, OPEB-funded ratios are low. These OPEB low-funded ratios and
corresponding high unfunded liabilities are of concern to the Grand Jury. Cities are
required to “pay forward”28 for pensions, but not for OPEB. As a result, many cities only
pay the minimum required to cover the current annual OPEB cost; no extra is paid to
defray the cost of all current employees when they retire. The Cities referred to this as
the “pay-as-you-go” strategy and results in very low-funded ratios—even zero percent.
This strategy has resulted in San Jose’s OPEB being $1,706,081,881 underfunded
(refer back to Figure 2 for a comparison of San Jose’s underfunded status relative to
other cities and the County)
26 See Appendix C Glossary for definition.
27 At the time of this report, the Grand Jury is not aware that Cities are considering OPEB changes in
second tier plans.
28 See Appendix C Glossary for definition.
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Table 6: OPEB Funded Ratio
City
FY 2010 OPEB
Funded
Ratio29
Santa Clara County 10.10%
Campbell 4.00%
Cupertino30 0%
Gilroy 0%
Los Altos 0%
Los Altos Hills 23.40%
Los Gatos 2.70%
Milpitas 24.13%
Monte Sereno 0%
Morgan Hill 0%
Mountain View 55.90%
Palo Alto 19.00%
San Jose31 12.00%/6.00%
Santa Clara 22.80%
Saratoga N/A
Sunnyvale32 0%
Mountain View, Sunnyvale and Cupertino are commended for having begun to
implement a “pay forward” strategy, which demonstrates fiscal responsibility. One San
Jose public official interviewed stated that the reason San Jose was not fully funding
OPEB is that it could not be done without significant curtailment of services, effectively
shifting the burden of payment to future generations.
Public Benefit Comparison to Private Sector Benefits
To put pubic employee Benefits into perspective, consider the average pension for
Public Safety employees in Palo Alto retiring between the ages of 51 and 54 with 30
years of service is $108,000. In Sunnyvale, the same employee receives almost
$102,000 per year. The most common pension plans offered to public employees who
spend their entire career in the public sector not only discourage employees from
29 Some 2010 data is derived from 2009 Actuarial Valuations
30 In 2010 and 2011 the city made payments of nearly $6.5M in excess of ARC to bring this up to 35.6%
31 San Jose has separate OPEB funds for its employees
32 In 2011 the city paid $32M in excess of ARC but impact on funded ratio has not yet been determined
via actuarial evaluation
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continuing to work beyond the age of 50 or 55, they penalize them for doing so. The
CalPERS reported average pension of under $30,000 per year is misleading because it
fails to recognize persons who receive multiple pensions. The Grand Jury learned that
some employees actually earn more in retirement than they did while employed.
Further, the ratio of active employees to retirees was found to be three to two.33 With
budget constraints leading to staffing reductions and as the baby boom generation
approaches retirement age, this ratio is expected to continue downward, placing
additional financial burdens on the Cities.
Public benefits are overwhelmingly of the defined benefit type (refer to Appendix C for
the differences between defined benefits and defined contributions). While some
private sector companies continue to offer defined benefits, the clear trend in the private
sector is to transition away from defined benefits in favor of defined contributions,
thereby transferring the risks associated with market performance from the employer to
the employee. An additional advantage of the defined contribution is that it leads to less
volatile City budgets over time because the cost of providing benefits is constant, not
varying over time to compensate for market performance.
Determining in any meaningful way what might be considered “standard” private sector
benefits for the purposes of comparing to public sector was clearly outside the scope of
this investigation. That said, Bureau of Labor Statistics surveys show the majority of
private pensions include participation in Social Security and a defined contribution plan
such as a 401k. The employee and employer each contribute 6.2% of salary (currently
up to $110,100 in salary) per year, to pay for Social Security benefits.
While the particulars of 401k plans vary widely, the surveys show that the majority of
employees receive some form of matched savings plan described as follows. For every
dollar the employee contributes to their own 401k, the employer will contribute some
amount: 50 cents or less for most employees. Employees may be limited to the amount
they can contribute and employers limit the amount they contribute by specifying that
employer contributions cannot exceed a set percent of salary: four percent or less for
most employees. As described, the majority of private sector employees contribute
more than 50% of the total cost toward their own pensions (exactly 50% in the case of
Social Security and greater than 50% of the 401k since an employer only contributes a
portion of every dollar the employee contributes). Using 65 as a traditional retirement
age, the differences between public and private benefits are summarized in Table 7.
The Grand Jury reviewed the survey results and observed the following for all first tier
plan employees:
All Public Safety employees, except Gilroy fire,34 qualify for full retirement
benefits no later than age fifty (assuming at least five years of service)
33 Half the Cities surveyed currently have more retirees than employees.
34 Gilroy fire receives the same at age fifty-five rather than age fifty.
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19
All Public Safety employees, except Gilroy fire,35 with thirty years of service credit
receive no less than 90% of their salary in retirement, not considering annual
COLA increases
All MISC employees qualify for retirement benefits no later than age fifty-five
(assuming at least five years of service)
Table 7: Sample comparison of MISC Public versus Private Benefits36
Attributes Public37 Private38
Percent of salary contributed by employee
toward Benefits
7 - 8% 14 - 16%
Age pension may be drawn without an age-
related reduction in eligible amount
55 65
Employee contribution for every dollar of
employer contribution
50¢39 $1.4040
Retirement Income expressed as a percent of
salary (assuming the retiree reaches full plan
benefit age and works 35 or 45 years,
respectively)
87.5% 66%41
Who bears the risk if market underperforms? Taxpayer Employee
Is subsidized retiree healthcare available? Generally Yes Generally No
The majority42 of MISC employees who work 35 years receive 87.5% of their
salary in retirement before annual COLA increases.
35 Gilroy fire receives the same benefits at thirty-five years service rather than thirty years.
36 The table is intended for comparison; it is not representative of all situations.
37 Represented by participant in 2.5%@55.
38 Represented by participant in Social Security and 401k Savings plan where employee contributes 8%
salary and employer matches 50 cents per dollar.
39 Based on CalPERS data for 2011. Actual varies by city; can be as high as 50¢ or as low as 5¢.
40 Based on the Bureau of Labor statistics.
41 This number assumes a $750K in retirement savings.
42 Los Altos Hills, Monte Sereno and Saratoga are exceptions receiving 70% of salary.
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In consideration of these statistics, and as shown in Table 7, the Grand Jury concludes:
Full pension is attained at an earlier age in the public sector than in the private
sector – some by ten years or more
Pension earned, expressed as a percentage of salary, is greater in the public
sector than in the private sector even after adjustment to account for non-
participation in Social Security
Employees in the public sector contribute less towards their pension plans than
their private-sector counterparts
Taxpayers in the public sector bear the risk of ROI and actuarial assumptions
associated with the pension plan, whereas employees in the private sector bear
the risk of market performance.
The Grand Jury acknowledges wages and salaries are a large portion of Cities’
budgets, and when salaries escalate this further exacerbates budget shortfalls. It may
be asserted that public sector salaries are lower than their private sector counterparts,
thus, justifying more generous public benefits. Readers can explore whether this
assertion is true by accessing publically available salary data.
Accrued Sick Leave Can Be Reimbursed
In general, the survey revealed no significant differences between the Cities in regard to
holiday, vacation and sick leave policies. However, it is noted that all Cities surveyed
except Gilroy, Monte Sereno, and Sunnyvale either reimburse for accrued unused sick
time or permit it to be converted into service time for purposes of determining pension.
Often reimbursement is at discounted rates and other times the amount of sick time that
can be accrued is capped. Gilroy, Monte Sereno and Sunnyvale responded “No” to the
survey question asking if accrued sick time is paid upon retirement, without proffering
whether or not it could be converted into service time. However, the Grand Jury learned
that sick time conversion to service credit is a common CalPERS benefit for all
members of risk pools.
The survey revealed that the City of Santa Clara grants fire personnel on 24-hour shifts
288 hours of sick leave per year. Up to 96 hours per year can be accrued and paid
(discounted to 75% of their hourly wage equivalent) for employees with 25 or more
years of service.
San Jose’s Plan
San Jose is the only city that does not use CalPERS to provide pension benefits (with
the exception of the Mayor and Council members who get benefits in accordance with
CalPERS 2%@55 plan). San Jose public employees have two independent plans:
Federated and Public Safety. Federated Plan members are equivalent to those in a
CalPERS Miscellaneous Plan. Public Safety members (police and fire) in San Jose are
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identical to Public Safety members in other Cities. The San Jose Federated and Public
Safety plans share commonality with CalPERS 2.5%@55 and 3.0%@50 respectively
with the following key differences:
COLA is a guaranteed 3% compared to CalPERS’ not-to-exceed 2%
Employee-to-employer contribution ratio of three to eight (3:8)
Money is invested and managed by the two governing Boards (the Federated
Plan Retirement Board and the Public Safety Retirement Board) rather than
by CalPERS, and San Jose performs its actuarial valuations independent of
CalPERS
San Jose participates in a Supplemental Retiree Benefit Reserve (SRBR)
program.
Each of the major differences cited above is discussed in more detail below.
3% Guaranteed COLA
San Jose provides a guaranteed 3% COLA increase every year compared to a
CalPERS base COLA which is “not to exceed an accumulated 2% per year”.43 The
Grand Jury is unable to quantify the additional cost of increasing COLA. As mentioned
previously, CalPERS does provide menu options for increased COLA (including 3%),
but no other Cities have opted for this increase, citing cost as a reason.
Three-to-Eight (3:8) Employee Contribution Ratio
For every eight dollars San Jose spends on the Normal Cost of providing benefits
(excluding the Past Service Cost portion of benefits that the employer pays entirely44)
employees contribute $3-dollars. This differs substantially from CalPERS, which sets
employee contribution as a percent of salary between 7% and 9% depending on the
plan. As noted in Table 5, many Cities pay much of the employee contribution on behalf
of the employees, further complicating any comparison. As noted in Methodology, the
Grand Jury is reluctant to interpolate the data provided. The San Jose survey response
shows that Federated employees pay 4.68% (of payroll) toward pension, which
compares to CalPERS’ MISC plan at 8%. San Jose’s Public Safety employees pay
approximately 10.5% (of payroll) toward pension, which compares to CalPERS’ Public
Safety plan at 9%.
43 As a function of inflation, CalPERS COLA has a clause protecting retirees from losing more than 20%
of their buying power in retirement which could result in increases greater than 2%. When CPI is less
than the 2% promised, CalPERS COLA also entails “banking” of COLA as unneeded credits that can be
applied when CPI is greater than 2%. This results in annual COLA increase in excess of 2% when the
CPI exceeds 2%.
44 The ratio of Past Service Cost to Normal Cost (expressed in Percent Payroll) for Federated and Public
Safety are: 15.58/12.76 and 22/27 respectively
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22
From a cost perspective, there is insufficient data to determine if the 3:8 ratio results in
net savings or increased cost to San Jose, compared to the CalPERS plan. However,
excluding Past Service Cost from any form of employee cost sharing does result in San
Jose paying a higher portion of the cost of providing Benefits.
Self-Managed Investing
The Federated and Public Safety Boards independently manage approximately $2B in
assets each (approximately $4B total). Both currently assume a 7.5% ROI, similar to
the recently adopted CalPERS ROI. As with CalPERS, these investment returns are
expected to pay the majority of the costs for providing benefits. It is critical, therefore, to
compare the actual investment performance to what is actuarially assumed, and it is
useful to compare San Jose’s investment performance to CalPERS.
As was shown in Figure 1, both Federated and Public Safety ROI for the last ten years
has been below the actuarial assumptions but slightly better than what CalPERS did in
the same time period. San Jose did not provide ROI data for 2011. The DJIA is shown
in the figure for comparison purposes and is intended to show that both San Jose and
CalPERS outperformed the general market (represented by DJIA) by a wide margin, yet
still fell below the optimistic actuarial assumptions so critical to economic viability.
The largest advantage of managing one’s own plans would seem to be the added
flexibility it affords the city in tailoring retirement formulas to meet the needs and means
of the city. Although there is little evidence the city is using this advantage in the current
first tier plans (as noted, San Jose plans are both very similar to CalPERS plans
offered), this advantage may be utilized if and when second tier plans are developed.
Supplemental Retiree Benefit Reserve (SRBR)
Recall from Table 3 that the combined pension unfunded liability for both the Federated
Plan and the Public Safety Plan is $1,434,696,471. As has already been discussed
and demonstrated, the largest single contributor to this is when the achieved ROI falls
short of the actuarially assumed ROI. With this in mind, it is difficult to comprehend how
responsible financial management would allow withdrawal of any portion of excess ROI
whenever the market actually does out-perform the expected rate to be used to pay
dividends in the form of an additional “thirteenth check”45 to retirees. But this is exactly
what the SRBR does. In the case of the Federated Plan, the market must only exceed
the expected rate in a single year to permit withdrawal of a portion of the excess ROI for
that year. For the same thing to happen in the Public Safety plan, the running five-year
average must exceed the expected return rate to permit withdrawal.
45 Generally, a windfall dividend payment.
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It should be noted that San Jose has temporarily suspended the SRBR payouts.
Although San Jose has suspended payouts, the funds remain in the account and San
Jose has not used the payout to pay down its underfunded liability. In fact, the
suspension merely delays eventual payment to retirees in the form of even larger
“thirteenth checks.” A better use for these excess funds might be to retain them to pay
down the underfunded Benefits, as long as an underfunded liability exists.
Why Such Variance with Estimated Future Benefit Costs?
Much has been written regarding the predicted ARC cost for San Jose in FY 2015/2016.
Published estimates vary in the range of $400M to as much as $650M. The latter figure
represents a more than doubling of the current ARC of $245M per year—a rate of
increase not seen in any of the other Cities.
The Grand Jury interviewed several key personnel associated closely with these
predictions to determine why there is so much variability in the estimates. In particular,
the Grand Jury wanted to answer the following questions:
Were these predictions based on sound, factual data?
Does $650M represent a worst case number or could it be higher?
The Grand Jury learned that a large set of assumptions factor into any actuarial
valuation and many of these assumptions have complex interdependencies with one
another. The actuarial valuation itself is a rigorous, precise mathematical calculation
based upon these assumptions.
The ARC value can vary, from 400M to $650M or higher, when assumptions are
adjusted. Just two of those actuarial assumption changes, by themselves, account for
$120M of the $250M difference between the high and low estimate. These two
assumption changes are:
Longer life expectancy of Public Safety employees46 than previously assumed
Lower ROI rate.
Key personnel associated with making actuarial predictions gave an example where
increasing the life expectancy of police and fire to be closer to the life expectancy of
miscellaneous employees would increase the cost by approximately $40M. This is a
reasonable assumption change to consider since it reflects demographic changes that
CalPERS also has begun to reflect. In another assumption query, if the ROI were
46 CalPERS has been recognizing this trend and several Cities cited this as being a contributor to
unfunded liability
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lowered by a whole percentage point to 6.5%, more in line with actual ROI for the last
ten years, this would contribute an additional $80M to the cost of ARC. Importantly, the
rationale for exploring a lower ROI was not to bring it into agreement with recent
earnings history, but to move San Jose’s portfolio from one of high risk and high
volatility to a position of low risk and low volatility.
The $650M per year cost estimate is not a worst case number. Pension experts the
Grand Jury interviewed stated that other actuarial assumption changes, within reason
and easily justified, would result in ARC costs even higher than $650M per year. The
Grand Jury understands that exploring these actuarial assumptions is justified. They
help bring attention to the severity of the Benefits crisis and abate the trend of pushing
financial problems to future generations of taxpayers.
Conclusions
Very optimistic actuarial assumptions result in lower ARC costs, leading to insufficient
funding and causing unfunded liabilities. The most critical of these is the ROI, which is
generally assumed to be 7.5%47. The actual ROI for the last ten years has been 6.1%.
This underperformance is the largest contributor to the Cities’ combined unfunded
liability of over $7B. Future taxpayers are responsible for paying benefits that are being
earned and collected today. Lowering the expected ROI—as recommended by leading
economists and recognized financial experts—significantly increases ARC and further
exacerbates attainment of balanced budgets. Public employee Benefits, especially after
being enhanced retroactively, have been shown to be more generous than those found
in the private sector and at an earlier retirement age. The amount a public employee
contributes toward benefits is shown to generally be less than an employee in the
private sector. As a result of lower public employee contribution rates toward their
retirement, increasingly large ARC costs must be funded by taxpayer dollars. Ignoring
this largesse will result in increased taxes combined with reduced services.
Average pensions are often cited in the range of $30,000, but these statistics can be
misleading. For instance, they include persons whose careers lasted five years or part-
time employees with longer service periods. Likewise, it can include employees who
work an entire career in the public sector but for different public entities over the course
of their careers. Each city that the employee worked for pays only its pro-rated portion
of the retirees pension. Thus, the employee’s actual pension is larger than the portion
attributable to each public entity.
Tier 2 plans that Cities are implementing offer a modest reduction to the future liability,
but do not significantly impact the unfunded liability in the short term. To address the
short-term cost of the public Benefit crisis, possible solutions may be found in two
47 Some OPEB ROI are at lower values.
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elements of private sector benefits. The first is the need to reduce the level of benefits
to be more comparable to those found in the private sector, inclusive of extending
retirement age. Second, public employees must contribute a greater share towards
their Benefits, particularly those employees who receive enhanced Benefits. Such
solutions will reduce the burden the unfunded Benefits have placed upon current and
future taxpayers.
As to the question of defined benefits versus defined contributions, public Benefits
continue to be based on a defined benefit model versus the defined contribution model
that private industry has moved toward. The defined contribution model works well in
the public sector. It offers a working solution to the public sector as a means of
reducing the risk of high-cost defined benefit plans. Benefit plans are heavily
subsidized by pubic sector employers compared to the contributions of private sector
employers.
The Grand Jury concludes that until significant modifications are enacted, there is no
doubt that the escalating cost of providing Benefits at the current level is interfering with
the delivery of essential City services and the ultimate cost to the taxpayers is an
unbearable burden. These costs are already impacting delivery of essential services as
demonstrated by San Jose reducing police and fire department staffing levels, closing
libraries or not opening those newly built, curtailing hours of community centers, and not
repairing pot-holed city streets. Other cities in the County are likely to face similar
challenges as long as high cost benefit plans face an underfunding liability.
Understanding how Cities created this problem through unfunded retroactive benefit
enhancements, compounded by poor ROI, helps taxpayers understand that the problem
will not go away on its own.
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Findings and Recommendations
When the term Cities is used below, it includes the following: Santa Clara County; the
cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill,
Mountain View, Palo Alto, San Jose , Santa Clara, Saratoga, Sunnyvale; and the towns
of Los Altos Hills and Los Gatos.
Finding 1
Public sector employees are eligible for retirement at least 10 years earlier than is
common for private sector employees.
Recommendation 1
The Cities should adopt pension plans to extend the retirement age beyond current
retirement plan ages.
Finding 2
Campbell, Gilroy, Los Altos Hills, Los Gatos, Milpitas and Palo Alto have adopted
second tier plans that offer reduced Benefits, which help reduce future costs, but further
changes are needed to address today’s unfunded liability. Santa Clara County and the
cities of Cupertino, Los Altos, Monte Sereno, Morgan Hill, Mountain View, San Jose,
Santa Clara, Saratoga and Sunnyvale have not adopted second tier plans.
Recommendation 2A
Santa Clara County and the cities of Cupertino, Los Altos, Monte Sereno, Morgan Hill,
Mountain View, San Jose, Santa Clara, Saratoga and Sunnyvale should work to
implement second tier plans.
Recommendation 2B
For Gilroy, Los Gatos, Milpitas and Palo Alto, which have not implemented second tier
plans for MISC and Public Safety second tier plans should be implemented for both
plans.
Recommendation 2C
All Cities’ new tier of plans should close the unfunded liability burden they have pushed
to future generations. The new tier should include raising the retirement age, increasing
employee contributions, and adopting pension plan caps that ensure pensions do not
exceed salary at retirement.
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Finding 3
Retroactive Benefit enhancements were enacted by Cities using overly optimistic ROI
and actuarial assumptions without adequate funding in place to pay for them.
Recommendation 3
The Cities should adopt policies that do not permit Benefit enhancements unless
sufficient monies are deposited, such as in an irrevocable trust, concurrent with
enacting the enhancement, to prevent an increase in unfunded liability.
Finding 4
The Cities are making an overly generous contribution toward the cost of providing
Benefits.
Recommendation 4A
The Cities should require all employees to pay the maximum employee contribution rate
of a given plan.
Recommendation 4B
The Cities should require employees to pay some portion of the Past Service Cost
associated with the unfunded liability, in proportion to the Benefits being offered.
Finding 5
The Cities are not fully funding OPEB benefits as evidenced by large unfunded liabilities
and small funded ratios.
Recommendation 5
The Cities, should immediately work toward implementing policy changes and adopting
measures aimed at making full OPEB ARC payments as soon as possible.
Finding 6
The City of San Jose permits the transfer of pension trust fund money, when ROI
exceeds expectations, to the SRBR, despite the fact that the pension trust funds are
underfunded.
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Recommendation 6
The City of San Jose should eliminate the SRBR program or amend the SRBR program
to prevent withdrawal of pension trust money whenever the pension-funded ratio is less
than 100%.
Finding 7
The Cities’ defined benefit pension plan costs are volatile. Defined contribution plan
costs are predictable and therefore more manageable by the Cities.
Recommendation 7
The Cities should transition from defined benefit plans to defined contribution plans as
the new tier plans are implemented.
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Appendix A: Documents Reviewed
Report Name
Report
Date Document Source
Santa Clara County Comprehensive Annual Financial Report (CAFR) 30‐Jun‐10 www.sccgov.org/
Santa Clara County Comprehensive Annual Financial Report (CAFR) 30‐Jun‐11 www.sccgov.org/
City of Campbell CAFR 30‐Jun‐10 www.ci.campbell.ca.us/
City of Campbell CAFR 30‐Jun‐11 www.ci.campbell.ca.us/
City of Cupertino CAFR 30‐Jun‐10 www.cupertino.org/
City of Cupertino CAFR 30‐Jun‐11 www.cupertino.org/
City of Gilroy CAFR 30‐Jun‐10 www.cityofgilroy.org/
City of Gilroy CAFR 30‐Jun‐11 www.cityofgilroy.org/
City of Los Altos CAFR 30‐Jun‐10 www.ci.los‐altos.ca.us/
City of Los Altos CAFR 30‐Jun‐11 www.ci.los‐altos.ca.us/
Town of Los Altos Hills CAFR 30‐Jun‐10 www.losaltoshills.ca.gov/
Town of Los Gatos CAFR 30‐Jun‐10 www.town.los‐gatos.ca.us/
City of Milpitas CAFR 30‐Jun‐10 www.ci.milpitas.ca.gov/
City of Monte Sereno CAFR 30‐Jun‐10 Monte Sereno city hall
City of Morgan Hill CAFR 30‐Jun‐10 www.morgan‐hill.ca.gov/
City of Morgan Hill CAFR 30‐Jun‐11 www.morgan‐hill.ca.gov/
City of Mountain View CAFR 30‐Jun‐10 www.ci.mtnview.ca.us/
City of Mountain View CAFR 30‐Jun‐11 www.ci.mtnview.ca.us/
City of Palo Alto CAFR (Revised December 21, 2010) 30‐Jun‐10 www.cityofpaloalto.org/
City of San Jose CAFR 30‐Jun‐10 www.sanjoseca.gov/
City of Santa Clara CAFR 30‐Jun‐10 www.santaclaraca.gov/
City of Saratoga CAFR 30‐Jun‐10 www.saratoga.ca.us/
City of Sunnyvale CAFR 30‐Jun‐10 www.sunnyvale.ca.gov/
Pension Sustainability: Rising Pension Costs Threaten the City's Ability
to Maintain Service Levels ‐ Alternatives For A Sustainable Future 29‐Sep‐10 www.sanjoseca.gov/auditor
Cities Must Rein in Unsustainable Employee Costs (Santa Clara
County Grand Jury Report) 30‐Jun‐10
http://www.scscourt.org/court_divisions/civil/cgj/grand_jury.
shtml
Running on Empty (San Mateo County Grand Jury Report) 30‐Jun‐11 www.sanmateocourt.org/court_divisions/grand_jury/
National Compensation Survey: Employee Benefits in Private Industry
in the Untited States, 2005 1‐May‐07 www.bls.gov/ncs/home.htm
A Preliminary Analysis of Governor Brown's Twelve Point Pension
Reform Plan (Prepared by CalPERS) 30‐Nov‐11 www.calpers.ca.gov/eip‐docs/preliminary‐analysis.pdf
CalPers Pension Benefit Primer 1‐Oct‐09 www.calpersresponds.com/downloads/Pension_Primer.pdf
More Pension Math: Funded Status, Benefits, and Spending Trends
for California's Largest Independent Public Employee Pension
Systems 21‐Feb‐12 www.cacs.org/images/dynamic/articleAttachments/7.pdf
Statement No. 45 of the Governmental Accounting Standards Board 30‐Jun‐04 Santa Clara County Finance Agency
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Appendix B: Grand Jury Survey
Instructions: Please complete the questions below. The questionnaire consists of three sections: Section 1
covers questions regarding Pension Benefits, Section 2 covers questions regarding Other Post Employment
Benefits and Section 3 covers questions regarding vacation and sick leave payout policy at time of
retirement. Insert your responses directly into this file and return it in your email reply.
Please respond by Dec 19th to this questionnaire for both the fiscal year ending 6-30-2010 and the fiscal year
ending 6-30-2011. If you have questions or require additional time, please reply via email as quickly as
possible to allow sufficient time to resolve issues. Thank you.
Section 1: PENSION
1. How many defined pension plans do you have? Please identify them by name and answer all
subsequent questions for each identified plan name.
2. Does CalPERS administer your pension fund? If not, please identify and describe the manner in
which the pension plan is being administered.
3. Please provide a description of each defined pension plan that you provide to your employees.
• At what age is an employee eligible for a pension?
• How many years must an employee work to be vested for a pension?
• Are employees required to make contributions to their own accounts? If so, what percent of their
salary is paid toward their pension? Is there any annual or lifetime employee contribution cap?
• Does the plan include cost-of-living allowance increases post retirement?
4. For each identified plan, what percent of an employee’s income is earned toward retirement each year of
employment?
• For each identified plan, is there an identified maximum salary percent cap that can be earned in
retirement?
5. Do plan participants contribute to Social Security?
6. For each identified plan, describe the formula for determining final compensation used in factoring a
retiree’s pension. Include number of months that income is averaged, whether or not overtime is included or
excluded from this calculation, and whether or not any other form of employee payments other than base
salary are included in the formula (awards, bonuses, travel compensation, etc.).
7. How much money was contributed in each of the last two fiscal years toward pensions (not
including employee contributions)?
• What percent was this of total payroll?
8. How much pension money was paid out in each of the last two fiscal years to retirees?
• How many retired employees are currently collecting benefits?
• How many active employees are there currently?
• How many employees are within five years of being eligible for retirement?
9. For each plan, please identify and quantify all significant actuarial assumptions used in evaluation of
ARC to include:
a) Amortization period
b) Investment rate of return
c) Projected salary increases
d) Overall payroll growth
e) Inflation factor
f) Smoothing duration
g) Other, if applicable
10. What is the unfunded liability of each identified plan for the fiscal years 2010 and 2011?
11. Please indicate the major reasons for the unfunded liability. For each reason provided, indicate the
approximate percentage of contribution to total unfunded liability.
12. What is the funded ratio of each identified plan for the fiscal years 2010 and 2011?
13. When was the last time the funds have been funded at the level of 100% or higher?
14. Have pension contributions ever been reduced from calculated ARC payments?
• What year was the last time this happened?
15. Please summarize any significant changes to pension benefits over the last ten years for each plan.
• For each, indicate if this was a pension benefit enhancement or reduction.
16. Please provide any evidence that indicates how projected pension costs are expected to change in
the next 5 to 10 years. (Page referencing within an included URL or separate attachment with
appropriate material is an acceptable response.)
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Appendix B: Grand Jury Survey - continued
17. Please provide any evidence of the strategies that are in work to reduce the rate of pension
escalation. (Page referencing within an included URL or separate attachment with appropriate
material is an acceptable response.)
18. For each plan, please provide evidence as to how pension fund past performance is doing relative to
assumed performance for the last ten years. (Page referencing within an included URL or separate
attachment with appropriate material is an acceptable response.)
Section 2: OTHER POST EMPLOYMENT BENEFITS
1. How many defined benefit plans do you have? Please identify them by name and answer all
subsequent questions for each identified plan name.
2. Does CalPERS administer your OPEB fund? If not, please identify and describe the nature of the
OPEB benefit plan being used.
3. Please provide a description of the OPEB benefits to include:
• At what age is an employee eligible for a OPEB benefits?
• How many years must an employee work to be vested for a OPEB benefits?
• Are employees required to make contributions to their own OPEB benefits? If so, how much?
• Are OPEB benefits limited to employees only or do they include additional family members?
Identify any additional family members qualifying for OPEB benefits.
4. Is OPEB generally offering health care benefits (defined benefit) or is it making contributions
(defined contribution) toward health care?
• Are there caps in what is paid?
• Who is at risk for escalating health costs; the employee or the employer?
5. How much money was contributed in each of the last two fiscal years to OPEB (not including any
employee contribution)?
• What percent of total payroll cost was this?
6. How much money was paid out in each of the last two fiscal years in OPEB benefits?
• How many retired employees are currently collecting OPEB benefits?
• How many current employees are there? (If the number of current employees is different
here than provided above, please explain the difference.)
7. Please identify and quantify all significant actuarial assumptions used in evaluation of ARC to
include:
a) Amortization period
b) Investment rate of return
c) Projected health care increases
d) Inflation factor
e) Smoothing duration
f) Other, if applicable
8. What is the OPEB unfunded liability of each identified plan for the fiscal years 2010 and 2011?
9. Please indicate the major reasons for the unfunded liability. For each reason provided, indicate the
approximate percentage of contribution to total unfunded liability.
10. What is the funded ratio of each identified OPEB plan for the fiscal years 2010 and 2011?
11. When was the last time the funds have been funded at the level of 100% or higher?
12. Have OPEB contributions ever been reduced from calculated ARC payments?
• What year was the last time this happened?
13. Please summarize any significant changes to OPEB benefits over the last ten years. For each,
indicate if this was a benefit enhancement or reduction.
14. Please provide any evidence that indicates how much OPEB benefit costs are expected to rise in the
next 5 to 10 years. (Page referencing within an included URL or separate attachment with
appropriate material is an acceptable response.)
15. Please provide any evidence of plans that are in work to reduce future OPEB costs? (Page
referencing within an included URL or separate attachment with appropriate material is an
acceptable response.)
16. Please provide any evidence as to how OPEB fund past performance is doing relative to assumed
performance? (Page referencing within an included URL or separate attachment with appropriate
material is an acceptable response.)
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Appendix B: Grand Jury Survey - continued
Section 3: VACATION AND SICK LEAVE ACCRUAL POLICIES
1. Please describe vacation policy to include:
• How many vacation days are granted at what seniority levels?
• Is there any limit to the amount of vacation time that can be accrued?
• Is unused vacation paid upon retirement?
2. Please describe sick leave policy to include:
• Is there any limit to the number of sick days allowed per year?
• Is there any limit to the amount of sick days that can be accrued?
• Are unused sick days paid upon retirement?
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Appendix C: Glossary of Terms & Acronyms
Actuarial Assumptions: Assumptions representing expectations about future events (e.g. expected
investment returns on plan assets, member retirement and mortality rates, future salary increases, or
inflation) which are used by actuaries to calculate pension liabilities and contribution rates.
Actuarial Valuation: Technical reports conducted by actuaries that measure retirement plans’ assets
and liabilities to determine funding progress. They also measure current costs and contribution
requirements to determine how much employers and employees should contribute to maintain
appropriate benefit funding progress.
Actuary: Professionals who analyze the financial consequences of risk by using mathematics, statistics,
and financial theory to study uncertain future events, particularly those of concern to insurance and
pension programs. Pension actuaries analyze probabilities related to the demographics of the members
in a pension plan (e.g., the likelihood of retirement, disability, and death) and economic factors that may
affect the value of benefits or the value of assets held in a pension plan’s trust (e.g., investment return
rate, inflation rate, rate of salary increases).
Actuarial Accrued Liability (AAL): The value of benefits promised to employees and retirees for
services already provided. This concept applies to both the pension liability and retiree health care
liabilities.
Annual Required Contribution (ARC): The amount of money that actuaries calculate the employer
needs to contribute to the retirement plan during the current year for benefits to be fully funded over
time. Generally CalPERS uses a 30 year period.
CAFR: Acronym for Comprehensive Annual Financial Report
CalPERS: Acronym for California Public Employees’ Retirement System
Defined Benefit: Promised fixed sum paid or service rendered. The assets in a defined benefit plan are
held by the employer who incurs all investments risks. See also defined contribution.
Defined Contribution: Contributions made by an employer to an individual employees investment
account such as a 401k. All investment gains or losses are those of the employee, not the employer.
See also defined benefit.
Employer Paid Member Contribution (EPMC): A program whereby the city pays employee
contribution in a manner in which the amount paid is considered income for the purposes of
determining pension. As exemplified by one city, “For example, an employee with a $100K income and
a 7% EPMC retires using a salary of $107K per year rather than $100K per year.”
Experience Gains/Losses: Gains or losses that arise from the difference between actuarial
assumptions about the future and actual outcomes in an organization’s pension plan.
First tier (1st tier) plans: Benefits promised to all employees prior to the implementation of a second
tier plan. First tier plans have generally been enhanced; contributing to the cost escalation. See also
“second tier” in the Glossary.
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Appendix C: Glossary of Terms & Acronyms - continued
Funded Ratio: The market value of assets divided by the accrued liability. Funded ratio is a measure of
the economic soundness of a fund.
Market Gains/Losses: Gains or losses that arise from an increase or decrease in the market value of a
plan’s assets, including stock, real property, and investments.
Miscellaneous (MISC) employee/plan: Public employees who are not sworn police or fire. The
term MISC generally is used to describe a pension plan. The city of San Jose refers to these employees
as belonging to a Federated plan rather than a MISC plan.
Normal Cost: That portion of the ARC (see above) which is based solely on the value of the benefits
being offered.
OPEB: Acronym for Other Post Employment Benefits. OPEB benefits are primarily health care
benefits but can include other benefits such as life insurance.
Opt In Plan: Term used to designate an employee elective benefit plan; employees choose between
maintaining current benefits but at an increased employee contribution rate or elect to receive lower
benefits and avoid increases to employee contribution rates.
Risk Pool: In 2005 CalPERS created risk pools to aggregate small cities (generally defined as having less
than 100 employees) into large pools to eliminate statistical anomalies associated with small sample sizes
and gain reporting efficiencies.
ROI: Acronym for Return on Investment. See also Market Gains/Losses.
Public Safety Employees: Most police and fire personnel. Other public employees are generally
referred to as miscellaneous employees (see above) and may include some members of police and fire
departments.
Second tier (2nd tier) plans: Benefits promised to all employees hired after the date of implementing
a plan with reduced benefits. Second tier plans generally have reduced benefits and lower costs. See
also “first tier” in the Glossary.
Sidefund: Generally the unfunded liability that existed prior to entering a risk pool. A city is
responsible for their entire sidefund plus their portion of the risk pool. Sidefund repayment can be
accelerated. Some cities did not separate sidefund monies from ARC while others did.
Smoothing of Gains/Losses: Actuarial method of spreading, or smoothing, market gains and losses
over a period of time. The purpose of smoothing is to minimize short-term, year-to-year contribution
rate fluctuations which may result from market swings. The smoothed asset value is also known as the
actuarial value of assets.
Unfunded Liability: This is the unfunded obligation for prior benefit costs, measured as the difference
between the accrued liability and plan assets. When using the actuarial value of plan assets, it is also
referred to as the Unfunded Actuarial Accrued Liability (UAAL).
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This report was PASSED and ADOPTED with a concurrence of at least 12 grand jurors
on this 17th day of May, 2012.
Kathryn G. Janoff
Foreperson
Alfred P. Bicho
Foreperson pro tem
James T. Messano
Secretary
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: City Council Regular Meeting Schedule and Council Retreat Date
RECOMMENDED ACTION:
Provide direction to staff on cancelation of November 21, 2012 City Council Meeting,
cancelation of January 2, 2013 City Council Meeting, and date of the City Council Retreat.
BACKGROUND:
Staff is seeking Council direction on several items related to the City Council’s meeting
schedule, including the possible cancelations of two regular City Council Meetings and the date
of the City Council Retreat. Two upcoming meetings, specifically the November 21, 2012
Regular Council Meeting and January 2, 2013 Regular Council Meeting, are scheduled to take
place just before or after major holidays – the November 21, 2012 meeting would take place the
night before Thanksgiving Day and the January 2, 2013 meeting is the day after New Year’s Day.
If Council decides to cancel either of these meeting, items currently scheduled to be heard during
these meetings will be rescheduled.
Additionally, staff would like input on the date of the City Council Retreat. The Retreat is
typically held on a Friday from 8:00 a.m. to 5:00 p.m. in January or early February. Staff is
proposing January 25, 2012 as the date of the City Council Retreat.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
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Page 2 of 2
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.
ATTACHMENTS:
None
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