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AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
APRIL 1, 2015
SPECIAL MEETING – 5:15 P.M. – ADMINISTRATIVE CONFERENCE ROOM, CITY
HALL, 13777 FRUITVALE AVENUE
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.
ADJOURN TO CLOSED SESSION – 5:15 P.M.
CONFERENCE WITH LABOR NEGOTIATORS (Gov’t Code 54957.6)
Agency Designated Representatives: City Manager James Lindsay, City Attorney Richard
Taylor, Human Resources Manager Monica LaBossiere
Employee Organizations: Northern California Carpenters Regional Council, Carpenters Forty
Six Northern California Counties Conference Board and their Affiliated Local Unions
(Union); Saratoga Employee Association; Saratoga Management Organization
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation (Government Code 54956.9(d)): (1 potential case)
CALL JOINT MEETING TO ORDER – 6:00 P.M.
1. Library Commission, Friends of the Saratoga Libraries, and Santa Clara County Library
District
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.
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]
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Certificate of Posting of Agenda:
I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting
of the City Council was posted and available for public review on March 26, 2015 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
Signed this 26th day of March 2015 at Saratoga, California.
Crystal Bothelio, City Clerk
LIBRARY COMMISSION WORK PLAN, MEMBERSHIP, DUTIES
WORK PLAN
PROJECT DESIRED OUTCOME
Work with library staff in brainstorming
sessions on current and upcoming programs.
Commissioners to assist with the current programs and give
input to library staff on other possible opportunities.
Work with the Saratoga Library to get the
library building categorized as a California
Heritage Building.
To bring further recognition to the Saratoga Library, thus
elevating its status even further and gaining more library
memberships.
Increase the amount of marketing for the
library by collaborating with the library staff
on ways to communicate to the community.
Increase community’s knowledge of the library’s resources,
as well as grow the number of Saratoga Library cardholders
who could take advantage of these resources.
Create a Library Resources Template or one‐
page flyer, to simplify the amount of
resources the library offers. This will make
communication of resources easier.
Engage the community further on what the library has to
offer. Gain more library memberships.
Identify and contact leaders of local
organizations and community groups.
Identify local organizations and community groups that
could benefit from connections with the library. The next
step is to contact leaders of these organizations.
Commissioners and library staff would invite leaders to
informational meetings to discuss library resources. Project
would help expand membership with local leaders.
CURRENT MEMBERSHIP
Name Term Ending Elig. for Reappointment Other
Jill Whitcomb 9/30/15 Yes
Robert Gulino 9/30/16 Yes
Claire Campodonico 9/30/17 Yes Monte Sereno Representative
Lauren Marty 9/30/17 Yes
Stephen Kispersky 9/30/18 Yes
RESOLUTION NO. 2031 – BASIC RESPONSIBILITIES & DUTIES
BASIC RESPONSIBILITIES
The Library Commission shall serve as a senior advisory and liaison body. Its basic responsibilities shall include
the following:
1. Provide counsel and recommendations on Library policies, budgets, plans and procedures to the Saratoga
City Council, the City staff, the Santa Clara County Library staff, and the Saratoga Library Supervisor.
2. Identify and bring to the attention of the City Council, the City staff, the Santa Clara County Library staff,
and the Saratoga Library Supervisor (as appropriate) present and prospective issues and questions relating
to Library operation.
3. Participate, along with other appropriate governmental units, in explaining and interpreting matters
pertaining to Library operation to Library users, Library support groups, and the general public.
4. Perform such other activities as may be directed by the Saratoga City Council.
DUTIES
In carrying out its basic responsibilities, the Library Commission shall perform the following duties:
1. Hold formal meetings as required (see preceding Section on "Administration'').
2. Maintain communications with the City Council, the City staff, the Santa Clara County Library staff, and the
Saratoga Library Supervisor on matters that have a significant impact on the Library's budget and operation.
3. Receive information and suggestions on Library operation from the public, through public hearings and
through less formal channels of communication such as correspondence and discussion sessions.
4. Maintain within the Commission a continuity of knowledge of the Library, its operation and its problems.
5. Keep generally informed on technical developments that could have a bearing on the Library's operation.
6. Participate in the general planning of the library's operation and in the planning of events related to the
Library.
7. Promote good public relations concerning the Library and its activities.
8. Work with "Friends of the Saratoga Libraries" and other support groups as may be desirable in the planning
of their activities.
9. Promote optimal utilization of the library facilities and staff, and encourage service mindedness on the part
of all having to do with providing Library service to the public.
10. Encourage the preservation of the Saratoga Library plant through proper upkeep and preventive
maintenance.
Table of Contents
Agenda 2
City Council Meeting Minutes
Staff Report 6
Attachment A - Minutes for the Special and Regular City
Council Meeting on March 18, 2015 7
Review of Accounts Payable Check Registers
Staff Report 18
3/17/2015 Check Register 19
3/24/2015 Check Register 24
Short-Term Rentals Regulation
Staff Report 28
Att. A - City Code Excerpts 31
Att. B - Map of West Valley Short-Term Rentals 35
Att. C - Copies of San Francisco and San Luis Obispo
Short-Term Rental Ordinances 36
Att. D - Media Reports 77
Quarry Park Phase 1 – Restroom Purchase Approval
Staff Report 101
Attachment A - CXT Denali restroom simulation photo
and plans 103
Attachment B - Restrrom building quote 107
Amended Donation Policy
Staff Report 111
Attachment A - Resolution Amending the City of
Saratoga Donation Policy and Fiscal Year 2014/15
Budget Fiscal Policy Statements 112
Attachment B - Amended City of Saratoga Donation
Policy 113
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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
The agenda for this meeting was properly posted on March 26, 2015.
REPORT FROM CLOSED SESSION
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3) minutes
on matters not on this agenda. The law generally prohibits the Council from discussing or
taking action on such items. However, the Council may instruct staff accordingly regarding Oral
Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards & Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
APRIL 1, 2015
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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 the City Council minutes for the Special and Regular City Council Meeting on
March 18, 2015.
2. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment cycles:
3/17/2015 Period 9
3/24/2015 Period 9
PUBLIC HEARINGS
None
OLD BUSINESS
None
NEW BUSINESS
3. Short-Term Rentals Regulation
Recommended action:
Review staff research regarding Short-Term Rentals (STR's) and provide direction to the
Planning Commission.
4. Quarry Park Phase 1 – Restroom Purchase Approval
Recommended action:
1. Approve purchase of CXT Denali prefabricated restroom building for Quarry Park and
authorize the City Manager to sign the purchase documents in the amount of $105,000.
2. Authorize staff to approve additional costs up to 10% of the amount ($10,500) as project
contingency.
5. Amended Donation Policy
Recommended action:
Adopt resolution amending the City of Saratoga Donation Policy and the Fiscal Year
2014/15 Budget Fiscal Policy Statements.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Howard Miller
Cities Association of Santa Clara County
Council Finance Committee
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA Board West Valley Cities Alternate
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West Valley Mayors and Managers Association
West Valley Solid Waste Management Joint Powers Authority
Vice Mayor Manny Cappello
Architecture 101 Ad Hoc Committee
Council Finance Committee
Hakone Foundation Board
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Sanitation District
Council Member Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Santa Clara County Library Joint Powers Authority
Council Member Mary-Lynne Bernald
Architecture 101 Ad Hoc Committee
Association of Bay Area Governments
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County-Selection Committee
Saratoga Historical Foundation
Saratoga Sister City Organization
Council Member Rishi Kumar
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Santa Clara Valley Water District Commission
Saratoga Chamber of Commerce & Destination Saratoga
Saratoga Ministerial Association
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to
the City Council by City staff in connection with this agenda are available at the office of the City Clerk
at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City
Council concurrently with the posting of the agenda are also available on the City Website at
www.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, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the
meeting of the City Council for the City of Saratoga was posted on March 26, 2015, at the City
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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 26th day of March 2015 at Saratoga, California.
Crystal Bothelio, City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City Video
Archives at www.saratoga.ca.us
04/01 Regular Meeting – Joint Meeting with Library Commission, Librarians, and Friends of
Library
04/13 Budget Study Session
04/15 Regular Meeting – Closed Session
04/29 6:00 p.m. Architecture 101 Study Session with Planning Commission and Heritage
Preservation Commission – Saratoga Senior Center, Saunders Room
05/06 Regular Meeting – Joint Meeting Chamber of Commerce and Destination Saratoga
05/20 Regular Meeting – Joint Meeting with Mt. Winery and Montalvo Arts
06/03 Regular Meeting – 5:30 p.m. Joint Meeting with HOA’s in Senior Center, Saunders
Room
06/17 Regular Meeting – Joint Meeting with Sheriff Office and County Fire
07/01 Regular Meeting – Joint Meeting TBD
07/15 Meeting Cancelled
08/05 Meeting Cancelled
08/19 Regular Meeting – Joint Meeting TBD
09/02 Regular Meeting – Joint Meeting with SASCC
09/16 Regular Meeting – Joint Meeting with Youth Commission
10/07 Regular Meeting – 5:30 p.m. Joint Meeting with Saratoga School Districts in Senior
Center, Saunders Room
10/21 Regular Meeting – Joint Meeting with Historical Foundation
11/04 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board
of Trustees
11/18 Regular Meeting – Joint Meeting with Senator Beall Jr. or Assembly Member Evan Low
12/02 Regular Meeting – Joint Meeting with Hakone Foundation Board of Trustees
12/16 Regular Meeting – Council Norms Study Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative
Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue.
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2015
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SARATOGA CITY COUNCIL
MEETING DATE: April 1, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the
18, 2015.
BACKGROUND:
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City Council approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
FOLLOW UP ACTION:
Minutes will be retained for legislative history and posted on the City of Saratoga website
ATTACHMENTS:
Attachment A - Minutes for the Special
SARATOGA CITY COUNCIL
City Manager’s Office
Crystal Bothelio, City Clerk
City Council Meeting Minutes
Approve the City Council minutes for the Special and Regular City Council Meeting on
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City Council approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
Minutes will be retained for legislative history and posted on the City of Saratoga website
Minutes for the Special and Regular City Council Meeting on March 18, 2015
on March
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City Council approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
Minutes will be retained for legislative history and posted on the City of Saratoga website.
, 2015
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MINUTES
WEDNESDAY, MARCH 18, 2015
SARATOGA CITY COUNCIL SPECIAL MEETING
At 5:00 p.m., the City Council held a Closed Session in the Administrative Conference Room at
Saratoga City Hall at 13777 Fruitvale Avenue. At 5:45 p.m., the City Council considered a
request from Malika Singh to excuse an absence from a Youth Commission Meeting.
CAPPELLO/KUMAR MOVED TO EXCUSE MALIKA SINGH’S ABSENCE FROM THE
YOUTH COMMISSION AND REINSTATE HER ON THE YOUTH COMMISSION.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
MILLER/CAPPELLO MOVED TO DIRECT STAFF TO INCLUDE A QUESTION ON
YOUTH COMMISSION APPLICATIONS TO REQUEST APPLICANTS DISCLOSE
DATES OF MEETINGS THAT THEY EXPECT TO ABSENT FROM. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
At 6:00 p.m., the City Council held a Joint Meeting with the Parks and Recreation Commission
and the Pedestrian, Equestrian, and Bicycle Trails Advisory Committee (PEBTAC).
SARATOGA CITY COUNCIL REGULAR MEETING
Mayor Miller called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT Mayor Howard Miller, Vice Mayor Manny Cappello, Council
Members Emily Lo, Mary-Lynne Bernald, Rishi Kumar
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance & Administrative Services Director
Erwin Ordoñez, Community Development Director
Michael Taylor, Recreation & Facilities Director
Brian Babcock, Administrative Analyst I
Mainini Cabute, Management Analyst II
Tony McFarlane, Accounting Manager
Iveta Harvancik, Senior Engineer
Monica LaBossiere, Human Resources Manager
REPORT OF CITY CLERK ON POSTING OF AGENDA
The City Clerk reported that the agenda for this meeting was properly posted on March 12, 2015.
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REPORT FROM CLOSED SESSION
Mayor Miller announced that there was nothing to report from Closed Session. He added that
during open session, the City Council heard an appeal from a Youth Commissioner requesting
that one of her absences from a Youth Commission Meeting be excused. The Council excused
one of the absences and reinstated the Commissioner.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Annette Stransky, President of the Saratoga Historical Foundation, invited everyone to the
Blossom Festival on March 21, 2015 at the Civic Center and Heritage Orchard.
Jim Stallman, Chair of the PEBTAC, shared that changes that the Valley Transportation
Authority (VTA) will be making to Saratoga bus routes starting at the end of the calendar year.
Renee Paquier, Chair of the Parks and Recreation Commission, provided an overview of the
Commission’s Joint Meeting with the City Council. She shared that the annual Movie Night
events will be taking place on June 19, July 17, and August 21. She also shared information
about upcoming Commission activities.
Jim Stallman, Chair of the PEBTAC, shared an overview of the PEBTAC Joint Meeting with the
City Council, including a summary of efforts to improve pedestrian safety on Highway 9,
establish trail connections near the Garrod Property, and add a pedestrian crossing to Joe’s Trail
at Fredericksburg Drive and Guava Court.
Georgia Bacil, Directing Attorney for Senior Adults Legal Assistance (SALA), shared
information about services provided by SALA to older adults at the Saratoga Area Senior
Coordinating Council. Additional information is available online at www.sala.org.
Oral Communications - Council Direction to Staff
None
Communications from Boards and Commissions
None
Council Direction to Staff
None
ANNOUNCEMENTS
Council Member Kumar announced that the California Public Library Advocates is holding a
workshop at Saratoga Library on March 28, 2015 from 9:30 a.m. to 1:30 p.m. on how libraries
can achieve greater success in the community. More information is online at
www.cpladvocates.org/workshops/. He also shared that on April 4, 2015 from 9:00 a.m. to noon,
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Whimsy, TUTU School, and Gluten Free Gourmet will be holding a grand opening celebration.
Additionally, Stride for Susie will be taking place this year on Sunday, May 24, 2015 at Saratoga
High School. Information is available online at http://saratoga2015.yournextstepisthecure.org/.
The Saratoga Talent Show is also coming up on August 22, 2015. This year, participants will be
need to audition. Information about the event and auditions is available at
www.saratogatalent.com/.
Council Member Bernald reminded everyone that the Blossom Festival will be happening on
March 21, 2015 and there will be a number of people dressed as important figures from
Saratoga’s history. Additionally, there will be a Crime Prevention Forum on May 19, 2015 from
6:00 p.m. to 9:00 p.m. in the Saratoga Senior Center.
Mayor Miller encouraged the public to sign up for one of the classes offered through the City of
Saratoga Recreation Department. There are classes for all ages and interests, including a Chinese
Calligraphy classes for youth and adults.
CEREMONIAL ITEMS
1. Commendation Recognizing Mary-Lynne Bernald and Pragati Grover for Service on the
Planning Commission
Recommended action:
Present commendations to Mary-Lynne Bernald and Pragati Grover recognizing their service
on the Saratoga Planning Commission.
The City Council presented commendations recognizing the service of Mary-Lynne Bernald
and Pragati Grover.
2. Commissioner Appointment and Oath of Office
Recommended action:
Adopt the resolution appointing Sunil Ahuja and Joyce Hlava to terms on the Planning
Commission that begin April 1, 2015 and end March 31, 2019.
RESOLUTION NO. 15-010
CAPPELLO/BERNALD MOVED TO ADOPT THE RESOLUTION APPOINTING
SUNIL AHUJA AND JOYCE HLAVA TO TERMS ON THE PLANNING
COMMISSION THAT BEGIN APRIL 1, 2015 AND END MARCH 31, 2019. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
The City Clerk administered the Oath of Office to Joyce Hlava.
CONSENT CALENDAR
3. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special and Regular City Council Meeting on
March 4, 2015.
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Council Member Bernald removed this item from the Consent Calendar to request a
correction to the minutes be made. She clarified that her comments on Item 7 – Summer
2015 Issue of the Saratogan, stating that she recommending making it easier to find the
Saratogan from the homepage – not the Saratoga Sister Group information.
BERNALD/LO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE
SPECIAL AND REGULAR CITY COUNCIL MEETING ON MARCH 4, 2015 WITH
THE CORRECTION TO COUNCIL MEMBER BERNALD’S COMMENTS ON
ITEM 7 OF THE REGULAR MEETING AGENDA. MOTION PASSED. AYES:
MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
4. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment cycles:
3/3/2015 Period 9
3/10/2015 Period 9
3/11/2015 Period 9
CAPPELLO/KUMAR MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 3/3/2015 PERIOD 9;
3/10/2015 PERIOD 9; AND 3/11/2015 PERIOD 9. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
5. Treasurer’s Report for the Month Ended January 31, 2015
Recommended action:
Review and accept the Treasurer’s Report for the month ended January 31, 2015.
CAPPELLO/KUMAR MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED JANUARY 31, 2015. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
6. Second Reading of Ordinance Amending Chapter 11 of the City Code (Electronic Smoking
Devices & Flavored Tobacco)
Recommended action:
Waive the second reading and adopt the attached ordinance updating Chapter 11 of the City
Code.
ORDINANCE NO. 325
CAPPELLO/KUMAR MOVED TO WAIVE THE SECOND READING AND ADOPT
THE ATTACHED ORDINANCE UPDATING CHAPTER 11 OF THE CITY CODE.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
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7. Highway 9 Safety Improvement Project, Phase IV - Cooperative Agreement and Design
Contract Approval
Recommended action:
1. Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement
between the City of Saratoga and the City of Monte Sereno for the Highway 9 Safety
Improvement Project Phase IV.
2. Approve an Independent Contractor Agreement with BKF Engineers in the amount of
$32,195 for engineering services, authorize the City Manager to execute the same and
authorize staff to approve additional costs up to 10% of the contract amount ($3,200) as a
project contingency.
3. Approve budget adjustment.
Council Member Bernald removed this item from the Consent Calendar to request additional
information about the item.
Public Works Director John Cherbone addressed Council questions.
RESOLUTIONS NO. 15-011 & 15-012
BERNALD/CAPPELLO MOVED TO: 1)ADOPT A RESOLUTION AUTHORIZING
THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF SARATOGA AND THE CITY OF MONTE SERENO
FOR THE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT PHASE IV; 2)
APPROVE AN INDEPENDENT CONTRACTOR AGREEMENT WITH BKF
ENGINEERS IN THE AMOUNT OF $32,195 FOR ENGINEERING SERVICES,
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME AND
AUTHORIZE STAFF TO APPROVE ADDITIONAL COSTS UP TO 10% OF THE
CONTRACT AMOUNT ($3,200) AS A PROJECT CONTINGENCY; AND 3)
APPROVE BUDGET ADJUSTMENT. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
PUBLIC HEARINGS
8. Public Hearing on Resolution Ordering Abatement of a Public Nuisance by Removal of
Hazardous Vegetation (Weeds)
Recommended action:
Open the public hearing, listen to public testimony, and close public hearing. Consider any
objections to the proposed Order for Abatement of Hazardous Vegetation and sustain or
overrule any objections as to specific properties. Adopt the resolution ordering abatement as
to specified properties (with modifications if any objections are sustained).
City Clerk Crystal Bothelio presented the staff report.
Mayor Miller invited public comment on the item.
No one requested to speak.
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RESOLUTION NO. 15-013
KUMAR/BERNALD MOVED TO ADOPT THE RESOLUTION ORDERING
ABATEMENT AS TO SPECIFIED PROPERTIES. MOTION PASSED. AYES:
MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
OLD BUSINESS
None
NEW BUSINESS
9. Allocation of Street Closure Grant Funds
Recommended action:
Review Saratoga Street Closure Grant application and determine allocation.
Brian Babcock, Administrative Analyst in the City Manager’s Office, presented the staff
report.
Tiger Teerlink, speaking on behalf of the Chamber of Commerce, addressed Council
questions regarding the application.
Mayor Miller invited public comment on the item.
No one requested to speak.
KUMAR/BERNALD MOVED TO AWARD STREET CLOSURE GRANT FUNDS IN
THE AMOUNT OF $10,000 TO THE SARATOGA CHAMBER OF COMMERCE 6TH
ANNUAL CLASSIC CAR SHOW IN THE FISCAL YEAR 2015/16 BUDGET.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
10. Allocation of Community Event Grant Program Funds
Recommended action:
Review the one Saratoga Community Event Grant Program application for this fiscal year
and provide direction. Consider grant requests for next fiscal year and determine allocations.
Brian Babcock, Administrative Analyst in the City Manager’s Office, presented the staff
report.
Mayor Miller invited public comment on the grant request for Fiscal Year 2014/15.
The following people requested to speak:
Neal Casteel, Saratoga Odd Fellows Lodge
No one else requested to speak.
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CAPPELLO/KUMAR MOVED TO ALLOCATE $200 FROM THE CITY COUNCIL
DISCRETIONARY FUND IN THE FISCAL YEAR 2015/15 BUDGET FOR THE
SARATOGA ODD FELLOWS LODGE 2015 EASTER EGG HUNT ON APRIL 4,
2015. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Mayor Miller then invited public comment on grant requests for Fiscal Year 2015/16.
The following people requested to speak:
Jill Hunter
Cynthia Chang
Annette Stransky
Lisa Huening
Sue Barrera
Kathleen Casey
Sarah Okuno
Tiger Teerlink
Emily Lou Harris
Ekta Khandelwal
No one else requested to speak.
Lo/Bernald moved to ALLOCATE $9,195 FROM THE COUNCIL DISCRETIONARY
FUND TO THE COMMUNITY EVENT GRANT PROGRAM FOR FISCAL YEAR
2015/16 AND FUND THE COMMUNITY EVENT GRANT PROGRAM REQUESTS
FOR FISCAL YEAR 2015/16 AS FOLLOWS:
BLOSSOM FESTIVAL $4,600
CHINESE MID-AUTUMN FESTIVAL $350
CLASSIC CAR SHOW $4,000
HOLIDAY WINE STROLL $4,000
IOOF EASTER EGG HUNT $600
MEMORIAL DAY OBSERVANCE $1,000
MONTALVO ARTS SPLASH $3,500
OPERA IN THE PARK $1,750
PUBLIC CELEBRATION 85 YEARS IN SANTA CLARA COUNTY & GATEWAY
OPEN HOUSE $3,000
SARATOGA BOLLYWOOD $1,500
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Page 8 of 11
SARATOGA COMMUNITY BAND $725
SARATOGA JULY FOURTH CELEBRATION $2,670
SARATOGA GRAMMAR SCHOOL REUNION $1,000
SASCC HEALTH AND WELLNESS EXPO $5,000
ST. PADDY'S DAY PARTY $500
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
At 9:14 p.m., the City Council took a recess and returned to the meeting at 9:24 p.m.
11. Council Resolution to Adopt Memorandum of Understanding for the “UNION” (Northern
California Carpenters Regional Council, Carpenters Forty Six Northern California Counties
Conference Board And Their Affiliated Local Unions) July 1, 2015 to June 30, 2019.
Recommended action:
Staff recommends the City Council approve the proposed Memorandum of Understanding
and adopt Council Resolution to Adopt Memorandum of Understanding for the “UNION”
(Northern California Carpenters Regional Council, Carpenters Forty Six Northern California
Counties Conference Board And Their Affiliated Local Unions) July 1, 2015 to June 30,
2019.
Human Resources Manager Monica LaBossiere and Accounting Manager Tony McFarlane
presented the staff report.
Mayor Miller noted that the MOU was provided to the City Council as a desk item following
the Closed Session on March 18, 2015 at 5:00 p.m. Copies were made available to the public
at the meeting and the MOU was posted on the City of Saratoga website.
Mayor Miller invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 15-014
LO/KUMAR MOVED TO APPROVE THE PROPOSED MEMORANDUM OF
UNDERSTANDING AND ADOPT COUNCIL RESOLUTION TO ADOPT THE
MEMORANDUM OF UNDERSTANDING FOR THE “UNION” (NORTHERN
CALIFORNIA CARPENTERS REGIONAL COUNCIL, CARPENTERS FORTY SIX
NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD AND THEIR
AFFILIATED LOCAL UNIONS) JULY 1, 2015 TO JUNE 30, 2019. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
12. Refinement of City Story Pole Requirements
Recommended action:
Review staff research regarding other cities’ story pole requirements and provided direction
to the Planning Commission.
Community Development Director Erwin Ordoñez presented the staff report.
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Page 9 of 11
Mayor Miller invited public comment on the item.
No one requested to speak.
Mayor Miller summarized City Council consensus on direction to the Planning Commission
regarding refinement of story pole requirements: the Council agreed that controlling cost is
important; the Council would like to see story poles more accurately represent proposed
projects; the Council concurred that accuracy of foundation height, whether through pad
certificates or some other means, is important when erecting story poles; and the Council
accepted that additional certifications or measures to ensure accuracy of story poles may be
required for unique projects or unusual circumstances.
13. Modification to the Project Background for Capital Improvement Project No. 9331-002 -
Community Cool Roof Replacement.
Recommended action:
Adopt a resolution approving the modifications to Capital Improvement Project No. 9331-
002 - Community Center Cool Roof Replacement.
Recreation and Facilities Director Michael Taylor presented the staff report.
Mayor Miller invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 15-015
LO/KUMAR MOVED TO ADOPT A RESOLUTION APPROVING THE
MODIFICATIONS TO CAPITAL IMPROVEMENT PROJECT NO. 9331-002 -
COMMUNITY CENTER COOL ROOF REPLACEMENT. MOTION PASSED. AYES:
MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
14. Donation Policy
Recommended action:
Adopt resolution establishing the City of Saratoga Donation Policy.
City Clerk Crystal Bothelio presented the staff report.
Mayor Miller invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 15-016
CAPPELLO/BERNALD MOVED TO ADOPT RESOLUTION ESTABLISHING THE
CITY OF SARATOGA DONATION POLICY AND DIRECTED STAFF TO
INCLUDE STANDARDS FOR ACCEPTANCE OF DONATIONS SET BY THE
FISCAL YEAR 2014/15 BUDGET FISCAL POLICY STATEMENTS. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
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Page 10 of 11
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Howard Miller
Council Finance Committee – during the Finance Committee meeting, anticipated changes to the
capital budget for Fiscal Year 2015/16 were discussed. Additional information will be presented
at the Budget Study Session in April.
Valley Transportation Authority (VTA) Policy Advisory Committee – during the PAC meeting,
the annual transit report was presented. Additionally, the goals and priorities for Envision Silicon
Valley 2016 were reviewed. Mayor Miller noted that he requested quality of life be considered in
the goals and priorities. The goals and priorities will be finalized in May and used to determine
the projects to be proposed for funding if the ballot measure is approved by voters in 2016.
Mayor Miller asked that staff send the goals and priorities to the City Council.
West Valley Mayors and Managers Association – the next meeting will be on March 25, 2015.
Vice Mayor Manny Cappello
West Valley Sanitation District – the Sanitation District just received a transparency certificate of
excellence. Additionally, the District is working on a financing strategy for the improvements
planned for the San Jose/Santa Clara Regional Wastewater Facility.
Council Member Emily Lo
Hakone Foundation Board & Executive Committee – the next meeting is March 19, 2015.
KSAR Community Access TV Board – the Board voted to continue discussions about
participating in a consortium that would provide educational content, such as local activities,
issues and initiatives, and academic content. Partners would include KSAR, West Valley
College, Mission College, CreaTV, KMTV, and Mid-Peninsula Media Center.
Saratoga Chamber of Commerce – Council Member Lo attended the Chamber of Commerce
meeting on behalf of Council Member Kumar and reported that the Chamber is holding an e-
waste collection event on March 28. The spring wine stroll will be taking place on May 9.
Additionally, the Chamber may be planning some other activities that draw people to the Village,
such as a blood drive or long-term collection of food.
Council Member Mary-Lynne Bernald
Council Member Bernald shared she attended the Markkula Center for Applied Ethics training
on Friday, March 13. The training included a presentation from former Council Member and
Mayor Norm Kline on issues surrounding community trust of government and engaging the
public through technology.
Architecture 101 Ad Hoc Committee – the Ad Hoc met last week to discuss the Architecture 101
presentation on April 29, 2015.
Cities Association of Santa Clara County – during the last meeting, the Executive Director of
Neighborhood Services Silicon Valley gave a presentation about the organization’s efforts to
protect below market housing. Additionally, Jim Lawson from VTA spoke about VTA’s current
priorities and shared information about Envision Silicon Valley.
Saratoga Historical Foundation – the next meeting is March 19, 2015.
Saratoga Sister City Organization – the next meeting is March 20, 2015.
Council Member Rishi Kumar
No report
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Page 11 of 11
CITY COUNCIL ITEMS
None
CITY MANAGER’S REPORT
City Manager James Lindsay reported that he will be attending ICMA training next week.
During his absence, Recreation and Facilities Directory Michael Taylor will be acting City
Manager and City Clerk Crystal Bothelio would be attending the West Valley Mayors and
Managers meeting on his behalf.
ADJOURNMENT
CAPPELLO/BERNALD MOVED TO ADJOURN THE MEETING AT 10:52 P.M. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Crystal Bothelio, City Clerk
City of Saratoga
17
Gina Scott, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
3/17/2015 Period 9
3/24/2015 Period 9
BACKGROUND:
The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately
as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
3/17/15 127590 127639 50 519,216.63 03/17/15 3/10/15 127589
3/24/15 127640 127682 43 54,308.85 03/24/15 3/17/15 127639
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
03/17/15 127612 PS 383,378.33
03/17/15 127618 PW 25,354.60
Accounts Payable checks voided during this time period:
AP Date Check #Amount
01/13/15 127218 Re-issue 118.00
ADVERTISING, NOTICING AND PUBLIC CONTACT:
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Law EnforcementGeneral
Prior Check Register
Checks
Released
Total
Checks Amount
Issued to
Portico, Inc.CIP Parks Project Fund
Lost or DestroyedYan Zhao
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.
Reason Status
SARATOGA CITY COUNCIL
MEETING DATE:April 1, 2015
DEPARTMENT:Finance & Administrative Services
Fund Purpose
PREPARED BY:
Ending
Check #Type of Checks Date Starting Check #
Accounts Payable
Accounts Payable
SCC Office of the Sheriff
Hakone Gardens
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SARATOGA CITY COUNCIL
MEETING DATE: March 24, 2015
DEPARTMENT: Community Development
PREPARED BY: Erwin Ordoñez, Community Development Director
SUBJECT: Short-Term Rentals Regulation
RECOMMENDED ACTION:
Review staff research regarding Short-Term Rentals (STR’s) and provide direction to the
Planning Commission.
BACKGROUND:
Local jurisdictions throughout the nation are grappling with the issue of Short-Term Rentals
(STR’s) and the potential impact raised with these types of “new sharing economy” commercial
uses.
The advent of internet, wireless and web application-based platforms (e.g. AirBnb,
HomeExchange, etc.) allow property owners to establish these commercial businesses in areas
that are exclusively residential with relatively very-low or no investment costs and no
notification requirement to the residents of local communities. While the threshold to establish
these businesses is low, unregulated STR’s have high potential to generate unwanted impacts to
surrounding areas that can over-time erode the quality of life in a neighborhood (e.g. increased
traffic, parking demand, noise disturbances, litter, and perceived neighborhood safety issues).
On February 4, 2015, at a Joint City Council/Planning Commission, Council directed staff to
prepare an initial summary report of this issue for its review so it can provide guidance to the
Planning Commission.
Adopted City Code
The City of Saratoga Municipal Code does not allow Short-Term Rentals by-right as a Permitted
Use in any residential zoning district.
Short –Term Rentals due to length of stay and operations (i.e. less than 30 days) would most
closely approximate a hotel, motel, or bed and breakfast use. These uses are only allowed by
City Code Section 15-19.020(b) as potential Conditional Uses in designated commercial zoning
districts and require the application and approval of a Conditional Use Permit (CUP).
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An initial review of the 71 listings available on a STR-related website that resulted from a
“Saratoga, CA” keyword query determined that only 16 have the potential to be located within
the City. The other listings are located in surrounding communities or the unincorporated areas.
In July 2014, the City received its first neighborhood complaints regarding a STR business
operating unlawfully in a Single Family Residential Zoning District. The City issued a series of
Code Enforcement letters and a formal citation in December 2014. The citation was recently
upheld by the City’s outside Administrative Hearing Officer.
Staff Research
To assist with the City Council and Planning Commission review of this study issue staff has
researched other communities who have or are considering ordinances for the regulation of
STR’s.
Currently, the cities of San Jose, San Francisco and San Luis Obispo have recently adopted local
ordinances to allow and regulate STR’s with early mixed results. Copies of relevant media
reports are included in Attachment D. The cities of San Mateo and Sunnyvale are initiating their
own studies of the issue.
The City of San Jose ordinance allows both owner and non-owner occupied short-term rentals by
by-right in all residential zoning districts as “incidental uses” but sets limits on maximum
number of “transient users” and establishes a limit of 90 rental days per calendar year that the
unit can be rented out. Additionally, the ordinance requires that operators pay a 10-percent
transient occupancy tax on their rentals.
The San Luis Obispo ordinance allows only owner occupied short-term rentals and defines them
as “homestays” which can be approved by the Community Development Director through an
administrative permit. Non-owner occupied short-term rentals are classified as “vacation
rentals” and are prohibited. Homestays are not permitted uses in secondary units. The
Homestay ordinance also requires additional parking, compliance with building and fire codes,
establishes a maximum of four guests, the provision of owner contact information, and the
payment of transient occupancy taxes.
In addition to these efforts there are at least two bills which have been proposed in the State
Legislature to regulate STR’s and could pre-empt regulation by local cities. Staff will monitor
these bills as this study issue proceeds.
ISSUES TO CONSIDER:
Staff has outlined below a list of issues that could be considered by the Planning Commission if
the City Council is supportive of potential changes to the City Code to allow Short-Term Rentals
in Saratoga:
1) Defining What is considered a Short Term Rental
a) Duration of lease (i.e. less than 30 days)
b) Primary Use of the home vs. Ancillary/Accessory Short Term Rental Use
i) Limit on maximum number rooms and/or percentage of square footage
29
ii) Limit on maximum number renters (e.g. maximum of 4 persons)
iii) Use of Secondary Dwelling Units (e.g. possible loss of affordable units)
c) Owner Occupancy Requirements
i) No employees
ii) Absentee Landlords Issue
2) Identifying specific zoning districts or properties for Short Term Rental use
a) All residential zones vs. specific residential zones
3) Identifying Specific Requirements for Short Term Rental Uses
a) Additional Off-Street Parking Requirement (per room)
b) Possible New Permit/License Type
c) City Issued Short Term Rental Guest Parking Placard
d) Signs prohibited
4) Establishing a Permit Approval Process
a) Ministerial Permit (No notice or appeal) vs. Conditional Use Permit (Administrative
or Planning Commission)
5) Additional Considerations
a) Collection of Transient Occupancy Tax (TOT)
b) Additional Code Enforcement demand
ATTACHMENTS:
Attachment A – City Code Excerpts
Attachment B – Map of West Valley Short-Term Rentals
Attachment C – Copies San Francisco and San Luis Obispo Short-Term Rental Ordinances
Attachment D – Copies of Short-Term Rental Media Reports
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SARATOGA CITY COUNCIL
MEETING DATE: April 1, 2015
DEPARTMENT: Public Works
PREPARED BY: Iveta Harvancik
SUBJECT: Quarry Park Phase 1 –
RECOMMENDED ACTIONS:
1. Approve purchase of CXT Denali
authorize the City Manager to sign the purchase document
2. Authorize staff to approve additional costs up to 10% of the amount ($
contingency.
BACKGROUND:
In 2011, the City acquired a 64-acre site located on State Route 9 (Congress Springs Lane) from
Santa Clara County Roads and Airports Department with joint funding from Santa Clara County
Parks Department (County) and Midpeninsula Regional Open Space Distr
and 2014, the City’s Parks and Recreation Commission (PRC) hosted several community
workshops to engage the community to help develop a
The approved Master Plan Project includes
staging areas, recreational facilities, a restroom,
implementation of measures to achieve habitat restoration and historic preservation goals.
Additionally, the proposed Project would allow for the City to increase its acreage of open and
recreational space and eventually provide a connection to the existing Skyline
Due to budget constraints, proposed improvements as described in the Master Plan require
phased approach. Project phasing and prioritization was included
public input during the community meetings.
Phase 1 design is currently in progress. I
entrance gate, gravel parking area, a restroom, a
benches in the lower area near the historic loading structure,
areas and about 0.8 miles of initial trail system.
signs and/or gates will also be installed at key locations throughout the
SARATOGA CITY COUNCIL
Iveta Harvancik, Senior Engineer
– Restroom Purchase Approval
CXT Denali prefabricated restroom building for Quarry Park
sign the purchase documents in the amount of $105,000
to approve additional costs up to 10% of the amount ($10,500) as
acre site located on State Route 9 (Congress Springs Lane) from
Santa Clara County Roads and Airports Department with joint funding from Santa Clara County
Parks Department (County) and Midpeninsula Regional Open Space District (District). In 2013
City’s Parks and Recreation Commission (PRC) hosted several community
workshops to engage the community to help develop a Master Plan for the Property.
The approved Master Plan Project includes parking, hiking trails, a boardwalk trail, picnic areas,
a restroom, event space, a grassy meadow as well as the
implementation of measures to achieve habitat restoration and historic preservation goals.
t would allow for the City to increase its acreage of open and
recreational space and eventually provide a connection to the existing Skyline-to-the Sea trail.
straints, proposed improvements as described in the Master Plan require
Project phasing and prioritization was included in the Master Plan based on the
public input during the community meetings.
design is currently in progress. Improvements in this phase include the following:
a restroom, a welcome station with informational kiosk and
near the historic loading structure, restoration of upper historic picnic
bout 0.8 miles of initial trail system. Directional signs and hazard ‘Do Not Enter’
will also be installed at key locations throughout the park.
prefabricated restroom building for Quarry Park and
$105,000.
) as project
acre site located on State Route 9 (Congress Springs Lane) from
Santa Clara County Roads and Airports Department with joint funding from Santa Clara County
In 2013
City’s Parks and Recreation Commission (PRC) hosted several community
s, a boardwalk trail, picnic areas,
event space, a grassy meadow as well as the
implementation of measures to achieve habitat restoration and historic preservation goals.
t would allow for the City to increase its acreage of open and
the Sea trail.
straints, proposed improvements as described in the Master Plan require
based on the
the following:
welcome station with informational kiosk and
historic picnic
nter’
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Although the Phase 1 design is still in progress, it is important to start planning construction
components early. Specifically, manufacturing of the prefabricated restroom building is a 3-
months process and, if not scheduled ahead, could delay construction completion.
Attached is a simulation of the proposed restroom building to be located near the historic loading
structure in the lower park area. Similar buildings by CXT Concrete Buildings have been
successfully installed in nearby regional parks and open space preserves. The proposed restroom
is type Denali and includes two separate flush style rooms with sinks and a small storage room in
the middle. Cost of the building is $85,577.02 including transportation and taxes. Construction of
the building pad and building installation is an additional $19,375.00 for the total amount of
$105,000. Additional 10% in the amount of $10,500 is budgeted for unforseen circumstances.
There is sufficient funding in the Quarry Park Capital Improvement Plan for Phase 1 of the
Quarry Park Project.
Therefore it is recommended that City Council approve proceeding with ordering of CXT Denali
restroom building and the building pad in the amount of $105,000 and authorize staff to approve
change orders up to $10,500 to cover any unforeseen circumstances and address additional work,
which may arise during the course of the project.
FISCAL STATEMENT:
Funding for Phase 1 construction including the restroom building is included in the approved
CIP budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The restroom building manufacturing would not be authorized and the construction completion
would be delayed.
FOLLOW UP ACTION:
The contract will be executed and the design work will be initiated.
ATTACHMENTS:
Attachment A: CXT Denali restroom simulation photo and plans.
Attachment B: Restroom building quote.
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SARATOGA CITY COUNCIL
MEETING DATE: April 1, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio
SUBJECT: Amended Donation Policy
RECOMMENDED ACTION:
Adopt resolution amending the City of Saratoga Donation Policy
Budget Fiscal Policy Statements.
BACKGROUND:
At the March 18, 2015 City Council meeting, the Council adopted the City of Saratoga Donation
Policy via Resolution 15-016. At that time, st
Fiscal Year 2014/15 Budget Fiscal Policy Statements that require unrestricted donations of more
than $5,000 and unrestricted donations in any amount must be brought to the Council for
approval and acceptance. Initially, it appeared that the Council direction could be easily folded
into the Donation Policy. However, upon further review, staff identified inconsistencies and is
consequently bringing forward amendments to the Donation Policy and Fiscal Year 2
Budget Fiscal Policy Statements to reconcile the two documents.
Proposed changes include: allowing the City Manager to accept restricted donations of $500 or
less; eliminating the City Manager’s reporting requirement for donations of more than $1
requiring donation agreements for restricted donations valued at more than $500; and clarifying
donation agreements may be required for donations of any amount.
ATTACHMENTS:
Attachment A - Resolution Amending the
2014/15 Budget Fiscal Policy Statements
Attachment B - Amended City of Saratoga Donation Policy
SARATOGA CITY COUNCIL
City Manager’s Office
Crystal Bothelio, City Clerk
Donation Policy
the City of Saratoga Donation Policy and the Fiscal Year 2014/15
At the March 18, 2015 City Council meeting, the Council adopted the City of Saratoga Donation
. At that time, staff was directed to incorporate standards set by the
Fiscal Year 2014/15 Budget Fiscal Policy Statements that require unrestricted donations of more
than $5,000 and unrestricted donations in any amount must be brought to the Council for
ance. Initially, it appeared that the Council direction could be easily folded
into the Donation Policy. However, upon further review, staff identified inconsistencies and is
consequently bringing forward amendments to the Donation Policy and Fiscal Year 2014/15
Budget Fiscal Policy Statements to reconcile the two documents.
llowing the City Manager to accept restricted donations of $500 or
; eliminating the City Manager’s reporting requirement for donations of more than $1
requiring donation agreements for restricted donations valued at more than $500; and clarifying
donation agreements may be required for donations of any amount.
Amending the City of Saratoga Donation Policy and Fiscal Year
2014/15 Budget Fiscal Policy Statements
City of Saratoga Donation Policy
and the Fiscal Year 2014/15
At the March 18, 2015 City Council meeting, the Council adopted the City of Saratoga Donation
aff was directed to incorporate standards set by the
Fiscal Year 2014/15 Budget Fiscal Policy Statements that require unrestricted donations of more
than $5,000 and unrestricted donations in any amount must be brought to the Council for
ance. Initially, it appeared that the Council direction could be easily folded
into the Donation Policy. However, upon further review, staff identified inconsistencies and is
014/15
llowing the City Manager to accept restricted donations of $500 or
; eliminating the City Manager’s reporting requirement for donations of more than $1,000;
requiring donation agreements for restricted donations valued at more than $500; and clarifying
and Fiscal Year
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RESOLUTION NO. 15-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY OF SARATOGA DONATION POLICY AND FISCAL YEAR
2014/15 BUDGET FISCAL POLICY STATEMENTS
WHEREAS, the City of Saratoga Donation Policy was adopted by the City Council on
March 18, 2015 via Resolution 15-016; and
WHEREAS, the Donation Policy establishes provisions and procedures for acceptance
and solicitation of donations by the City of Saratoga; and
WHEREAS, this resolution amends the policy to clarify standards set forth in the
Donation Policy; and
WHEREAS, this resolution also amends language on acceptance of donations under the
Revenues section in the Fiscal Policy Statements in the Fiscal Year 2014/15 Budget to read as
follows:
Unrestricted donations, gifts, and bequests to the City in excess of $5,000 must be
brought to Council for approval and acceptance. All restricted donations, gifts and
bequests must be submitted to the Council for approval prior to acceptance. Donations
may be accepted in accordance with the City of Saratoga Donation Policy most
recently approved by the City Council.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby adopt the amended City of Saratoga Donation Policy (attached).
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 1st day of April 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Howard A. Miller, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
112
Page 1 of 8
City of Saratoga
Donation Policy
I. Purpose
Members and supporters of the Saratoga community from time to time wish to support
the community by making donations to the City of Saratoga. The City Council
appreciates this generosity and has adopted this policy regarding donations to the City of
Saratoga, including City departments and City sponsored programs, activities, and events.
(This policy is distinct from the Employee Gifts Policy, which provides City of Saratoga
employees with a clear standard about when it is acceptable and prohibited to accept gifts
from a member of the public, a business, an organization, or other entity.)
II. Definitions
1. Donation: a contribution made to the City without expectation of goods, services, or
significant benefit or recognition in return. Donations may be in the form of money or
in-kind contributions of products, services, investment securities, real property (land),
or any combination thereof. A donation may be unrestricted, where the donor has
placed no limitation on its use, or restricted, where the donor has restricted its use to a
specified purpose. Donations that, if accepted, would obligate the City to enter into a
service, procurement, or other agreement shall not be considered a donation. Grants
to the City from a local, state, or federal agency are not subject to this policy.
2. Donor: Any organization or individual who provides the City with a donation.
3. Donation Agreement: An agreement between the City and the donor that details any
restrictions on a donation as well as the respective obligations of the donor and the
City.
4. Fundraising: Any activity conducted with the intent of generating donations to the
City. Fundraising activities may include, but are not limited to, promoting endowment
programs, program adoption or pledge drives, and contacting individuals, companies,
foundations, or other entities with a request for a donation to the City.
III. General Provisions
1. The City welcomes unrestricted donations as well as restricted donations that enhance
City services, reduce costs that the City would incur in the absence of the donation, or
that otherwise provide a benefit to the City. The City may decline any donation
without comment or cause.
2. Donors shall not expect, nor shall the City grant, any extra consideration to the donor
in relation to City procurement, regulatory matters, or any other business, services, or
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operations of the City. To avoid the possible appearance of extra considerations,
members of the Planning and Heritage Preservation Commissions and staff of the
Community Development Department are not authorized to solicit donations to the
City.
3. No City Council member, Commissioner, employee, or volunteer shall solicit
donations in excess of $500 in money or in-kind services for any City project,
program, activity, or event (“supported activity”) unless the City Council has
approved a fundraising plan for the supported activity. A recommended form for a
fundraising plan is attached as Exhibit A to be revised as appropriate for the
fundraising goal and type of supported activity in question.
4. Donations must be directly related to providing goods or services to the public or for
another valid public purpose. Donations may not be used for personal financial gain
of any City elected or appointed official or employee.
5. The net benefit of a donation should be considered when determining whether to
accept a donation. Net benefit includes all lifecycle costs of ownership, including
maintenance, repair, clean-up, administrative, and any potential liability or expenses
that may be associated with the donation.
a. Donations may not be used to implement new on-going programs or services
unless a permanent source of revenue is identified to support the program or
service.
b. Potential costs and liabilities should be considered if a donation of personal
property or of a service does not include the same indemnification, insurance,
bonding, or warranties that the City would normally receive through procurement
of personal property or services.
c. Real property may be donated to the City provided that it will not expose the City
to an unreasonable risk of litigation or liability, because of the physical condition
of the property or existence of claims, liens, and encumbrances against the
property.
6. Council members and other City officials are responsible for reporting fundraising
activities and donations as required by applicable laws and regulations.
IV. Procedures
1. Unrestricted donations of $5,000 or less may be accepted by the City Manager.
Restricted donations of $500 or less may be accepted by the City Manager.
Unrestricted donations of more than $5,000 and restricted donations of more than
$500 must be brought to the City Council for approval and acceptance. The City
Manager may accept or decline any donation in the City Manager’s sole discretion
and may choose to request City Council consideration of any donation.
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2. The City Manager may accept or decline any donation in the City Manager’s sole
discretion and may choose to request City Council consideration of any donation. The
City Manager shall report to the City Council on all donations in excess of $1,000 at a
City Council meeting within thirty days of accepting the donation.
3. The City Council shall consider proposed unrestricted donations beyond the authority
of the City Manager set forth above, all proposed restricted donations, and proposed
donations referred to it by the City Manager. The City Council may accept or decline
any donation at its sole discretion.
4. All donations will receive appropriate recognition as determined by the City Manager
or City Council at the time the donation is accepted, taking into consideration the
nature and level of the donation. Upon request of the donor or if specified in a City-
initiated request for donors, limited forms of promotional activity (such as logo or
name placement on signs, flyers, and other materials related to a program or activity
supported by the donation) are permitted. The appearance of traditional commercial
advertising should be avoided and the size of donor recognition should be in keeping
with the size of non-recognition information used in the materials. The agreed upon
form of recognition should be identified in the donor receipt or a donation agreement.
Any naming of City parks, property, or facilities shall follow the guidelines set forth
in the City’s Policy Pertaining to Naming City-Owned Land and Facilities.
5. When donations with a value in excess of $100 are accepted or upon the request of
the donor, the City will issue the donor a receipt indicating the amount of the
donation or describing the goods or services donated within 30 days of receiving the
donation. (In accordance with the Internal Revenue Code the City does not provide
an estimated value of in-kind donations; donors may refer to IRS Publication 561 for
more information on valuing donated property.) The donation receipt shall also
include the date of the donation, the name of the donor, the purpose of the donation
(if a restricted donation), a brief description of any public recognition that will be
made by the City, and note that the donor received no goods or services in exchange.
The original receipt shall be submitted to the donor and the City shall retain a copy.
A sample donation receipt is attached as Exhibit B.
6. Before acceptance of a restricted donation valued at more than $500 or an
unrestricted donation valued at more than $5,000, the respective obligations of the
donor and the City shall be set forth in a donation agreement. A sample donation
agreement is attached as Exhibit C. The City Manager or City Council may require
donation agreements for donations valued at $5,000 or lessany amount.
7. The City shall maintain records for the receipt of all donations and shall comply with
all reporting requirements and regulations including, but not limited to, FPPC
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Regulation 18944.2 Gifts to an Agency. For donations that were made at the behest
of a City Council member that person shall determine whether a Form 803 (Behested
Payments Report) is required pursuant to the Political Reform Act.
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EXHIBIT A – FUNDRAISING PLAN FORM
City of Saratoga Fundraising Plan
Fundraising Plan Title & Purpose: Please provide a title and description for your fundraising
project.
Fundraising Participants: Please list the names for all groups and individuals that will be
conducting fundraising.
Donation Type/Amount: Please describe the types and amount of donations that will be
sought.
Anticipated Donors: Please describe who will be approached for donations.
Donor Recognition Plan: Please describe how donors will be recognized.
Fundraising Timeline:
Council Review of Fundraising Plan:
Fundraising Start:
Fundraising Completion:
Council Review of Donations:
Donor Recognition Complete:
Restrictions/Reporting: Please identify any restrictions or reporting requirements
associated with this fundraising plan.
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EXHIBIT B – SAMPLE DONATION RECEIPT
City of Saratoga Donation Receipt
This is to confirm that on __________________ [insert date] the City of Saratoga received from
__________________________________________________ [insert donor name and address]:
a monetary contribution of $_________________
a non‐monetary contribution consisting of [describe goods, services, property,
securities, etc.]:
No goods or services were provided by the City of Saratoga in return for the contribution.
The City sincerely appreciates your donation.
_______________________
Mary Furey
Administrative Services Director
City of Saratoga
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EXHIBIT C – SAMPLE DONATION AGREEMENT
City of Saratoga
Standard Donation Agreement
The undersigned Donor wishes to make a donation to the City of Saratoga as described in more
detail below.
Donor is (check and complete all that apply):
donating $_________________________ in a lump sum
donating $_________________________ in __________________ (monthly, quarterly,
etc.) payments of $_________________________ in __________________ installments.
donating the following (describe products, services, investment securities, real property,
etc.):
If this box is checked the City’s acceptance of the donation described above is subject to the
conditions specified on Attachment 1.
If this box is checked this donation is restricted to the following uses:
City will publicly recognize donor by (describe recognition):
If this box is checked this donation is being made at the behest of Council
Member/Commissioner/City Staff Member __________________________.
In connection with administering this agreement, Donor and City shall work through the
following primary representatives:
City of Saratoga Donor
Primary Representative:
Address:
Telephone:
Fax:
Cell Phone:
E-mail:
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In addition to the foregoing, Donor and City understand and agree that:
1. The City will provide Donor with a donation receipt indicating the amount of the
donation or estimated value of goods or services donated within 30 days of receiving the
donation.
2. Donor’s contribution to the City will be recognized publicly as described above.
3. Except as provided above, the City may use the donation in any manner at its sole
discretion and Donor has no right or obligation to control City’s use of the donation.
4. Donor has not and will not receive any goods or services in exchange for the donation
and the City will not grant any extra consideration to the donor in relation to City
procurement, regulatory matters, or any other business, services, or operations of the
City.
5. Donor confirms that unless indicated otherwise above this donation is not made at the
behest of a City Council Member or of any member of the Planning or Heritage
Preservation Commissions or staff of the Community Development Department.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Donor City of Saratoga
James Lindsay, City Manager
Name Title
Date: Date:
ATTEST:
Crystal Bothelio, City Clerk
Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
663906.5
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