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AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
MAY 6, 2015
SPECIAL MEETING – 5:00 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 – 5:00 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: Saratoga Employee Association; Saratoga Management Organization
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): (2 potential
cases)
CALL JOINT MEETING TO ORDER – 6:00 P.M.
1. Saratoga Area Senior Coordinating Council
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 May 1, 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 1st day of May 2015 at Saratoga, California.
Crystal Bothelio, City Clerk
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with Saratoga Area Senior Coordinating Council
May 6, 2015 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m. Saratoga Area Senior Coordinating Council
Updates and News
6:45 p.m. Other Remarks & Wrap Up
Dinner is provided during the Joint Meeting.
The Regular City Council Meeting begins at 7:00 p.m. in the Civic Theater.
Joint meeting attendees are invited to attend the Regular Meeting and share
an overview of the joint meeting with the public during Oral Communications.
Table of Contents
Agenda 3
Foster Care/Resource Parent Appreciation Month
Staff Report 8
Attachment A - Proclamation 9
City Council Meeting Minutes
Staff Report 10
Attachment A - Minutes for the Special Meeting on April
13, 2015 11
Attachment B - Minutes for the Special and Regular City
Council Meeting on April 15, 2015 15
Review of Accounts Payable Check Registers
Staff Report 23
04/14/2015 Check Register 24
04/21/2015 Check Register 31
04/28/2015 Check Register 36
Treasurer’s Report for the Month Ended March 31, 2015
Treasurer’s Report for the Month Ended March 31,
2015 41
Transportation Development Act (TDA) Article 3 Application for
the Saratoga Avenue Walkway Project
Council Report TDA-Article 3 15-16 48
Resolution TDA-Article 3 15-16 50
Village Creek Trail Design: Budget Resolution, Design Contract,
Trail Easement Acceptance
Staff Report 56
Attachment A - Village Creek Trail Site Plan 59
Attachment B - Budget Resolution 60
Attachment C - Design Contract with Alta Planning and
Design 61
Attachment D - Offer to Dedicate Pedestrian Trail
Easement 81
Attachment E - Resolution Accepting Offer to Dedicate
Pedestrian Trail Easement 89
Attachment F - Certificate of Acceptance 91
Resolution of Support for Senate Bill 16
Staff Report 92
Attachment A - Resolution of Support for SB 16 93
Attachment B - SB 16 Text 94
Resolution of Support for Senate Bill 321
Staff Report 113
Attachment A - Resolution of Support for SB 321 114
Attachment B - SB 321 Text 115
Attachment C - SB 321 Analysis 119
Ordinance Amending Article 16-60 - Early Warning Fire Alarm
System
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Staff Report 122
Draft Ordinance 124
Wildland Interface Map 133
Amendment to Lease Agreement with Hakone Foundation
Staff Report 134
Attachment A - Letter from Hakone Foundation (March
24, 2015)136
Attachment B - Fourth Amendment to Hakone Lease
Agreement 137
The Effects of Drought Stress on Trees Citywide
Staff Report 138
Attachment-Photos 139
Council Resolution to Adopt Memorandum of Understanding for
the Saratoga Employee Association (“SEA”) July 1, 2015 to
June 30, 2019
Staff Report 161
Attachment A - Resolution 163
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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 May 1, 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
1. Foster Care/Resource Parent Appreciation Month
Recommended action:
Present the proclamation declaring May 2015 as Foster Care/Resource Parent Appreciation
Month.
SPECIAL PRESENTATIONS
None
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
MAY 6, 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.
2. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special Meeting on April 13, 2015 and the Special
and Regular City Council Meeting on April 15, 2015.
3. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment cycles:
4/14/2015 Period 10
4/21/2015 Period 10
4/28/2015 Period 10
4. Treasurer’s Report for the Month Ended March 31, 2015
Recommended action:
Review and accept the Treasurer’s Report for the month ended March 31, 2015.
5. Transportation Development Act (TDA) Article 3 Application for the Saratoga Avenue
Walkway Project
Recommended action:
Adopt resolution supporting the Metropolitan Transportation Commission’s Transportation
Development Act Article 3 Pedestrian/Bicycle Grant Application for the Saratoga Avenue
Walkway Project.
6. Village Creek Trail Design: Budget Resolution, Design Contract, Trail Easement Acceptance
Recommended action:
1. Approve budget adjustment.
2. Approve Professional Design Services Contract with Alta Planning and Design in the
amount of $26,144 for design services, authorize the City Manager to execute the same
and authorize staff to approve additional costs up to 10% of the contract amount ($2,600)
as a project contingency.
3. Approve Resolution accepting Offer to Dedicate Pedestrian Trail Easement from Mr. and
Mrs. Rosenfeld and authorize the City Manager to sign the Certificate of Acceptance.
7. Resolution of Support for Senate Bill 16
Recommended action:
Adopt resolution of support for Senate Bill 16.
8. Resolution of Support for Senate Bill 321
Recommended action:
Approve resolution of support for Senate Bill 321.
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PUBLIC HEARINGS
Applicants/Appellants and their representatives have a total of ten minutes maximum for opening
statements. Members of the public may comment on any item for up to three minutes.
Applicant/Appellants and their representatives have a total of five minutes maximum for closing
statements. Items requested for continuance are subject to Council’s approval at the Council
meeting.
9. Ordinance Amending Article 16-60 - Early Warning Fire Alarm System
Recommended action:
Conduct public hearing; introduce and waive the first reading of the attached ordinance
updating Article 16-60 of the City Code; and direct staff to place the ordinance on the
Consent Calendar for adoption at the June 3, 2015 City Council meeting.
OLD BUSINESS
None
NEW BUSINESS
10. Amendment to Lease Agreement with Hakone Foundation
Recommended action:
Approve amendment to lease agreement with Hakone Foundation to reduce the number of
members of the Board of Trustees from fifteen to nine.
11. The Effects of Drought Stress on Trees Citywide
Recommended action:
Receive report.
12. Council Resolution to Adopt Memorandum of Understanding for the Saratoga Employee
Association (“SEA”) July 1, 2015 to June 30, 2019
Recommended action:
Staff recommends the City Council approve the proposed Memorandum of Understanding
(MOU) and adopt Council Resolution to Adopt Memorandum of Understanding for the
Saratoga Employee Association (“SEA”) July 1, 2015 to June 30, 2019.
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
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)
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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 May 1, 2015, 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 1st day of May 2015 at Saratoga, California.
Crystal Bothelio, 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
05/06 Regular Meeting – Joint Meeting SASCC
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 – Study Session on FPPC Requirements
07/15 Meeting Cancelled
08/05 Meeting Cancelled
08/19 Regular Meeting – Joint Meeting Chamber of Commerce and Destination Saratoga
09/02 Regular Meeting – Joint Meeting TBD
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: May 6, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider, Deputy City Clerk
SUBJECT: Foster Care/Resource Parent Appreciation Month
RECOMMENDED ACTION:
Present the proclamation declaring May 2015 as Foster Care/Resource Parent Appreciation
Month.
BACKGROUND:
The attached proclamation recognizes May 2015 as Foster Care/Resource Parent Appreciation
Month in the City of Saratoga. Saratoga foster care pare
Vithanage will be present to accept the proclamation. Quyen Vu, Resource Family
the Santa Clara County Resource Family will also be present.
ATTACHMENTS:
Attachment A – Proclamation
SARATOGA CITY COUNCIL
City Manager’s Office
Debbie Bretschneider, Deputy City Clerk
Foster Care/Resource Parent Appreciation Month
Present the proclamation declaring May 2015 as Foster Care/Resource Parent Appreciation
The attached proclamation recognizes May 2015 as Foster Care/Resource Parent Appreciation
Month in the City of Saratoga. Saratoga foster care parents Lisa Traxler and Kathleen Pollard
Vithanage will be present to accept the proclamation. Quyen Vu, Resource Family recruiter,
the Santa Clara County Resource Family will also be present.
Present the proclamation declaring May 2015 as Foster Care/Resource Parent Appreciation
The attached proclamation recognizes May 2015 as Foster Care/Resource Parent Appreciation
Lisa Traxler and Kathleen Pollard
recruiter, of
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PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA DECLARING MAY 2015 AS
FOSTER CARE/RESOURCE PARENT APPRECIATION MONTH
WHEREAS, there are more than 75,000 children in foster homes in the State of California,
making California’s foster care system one of the largest in the nation; and
WHEREAS, in Santa Clara County alone, there are over 1,300 children in out-of-home care
and less than 400 licensed foster homes to help care for them; and
WHEREAS, there is nothing more precious than the healthy growth and development of our
youth, who will determine the future direction of our community; and
WHEREAS, foster parents throughout Santa Clara County provide safe and loving homes
for foster children in our community and are tireless advocates on their behalf; and
WHEREAS, foster parents unselfishly give of themselves and their families and dedicate
their live to the care of our community’s most vulnerable children; and
WHEREAS, foster parents recognize that all foster children need and deserve meaningful
connections with caring adults who can provide support and bonds that last a lifetime, and strive to
help foster children build such relationships; and
WHEREAS, throughout the month of May, hundreds of community events are being
planned across the county to help retain, recruit, and support foster families; and
WHEREAS, two Saratoga residents, Lisa Traxler and Kathleen Vithanage, provide Foster
Care/Resource Parent households and offer needed support to children in need.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby proclaim and recognize the month of May 2015 as Foster Care/Resource Parent Appreciation
Month and recognizes the need to support the families who embrace the often thankless
responsibility of providing a home and family to children in need of affection, love, and security.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of
May 2015.
_________________________
Howard A. Miller, Mayor
City of Saratoga
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SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the
Regular City Council Meeting on April 1
BACKGROUND:
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City C
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 a
ATTACHMENTS:
Attachment A - Minutes for the Special Meeting on April 13, 2015
Attachment B - 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 Meeting on April 13, 2015 and the Special
April 15, 2015.
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 Meeting on April 13, 2015
Minutes for the Special and Regular City Council Meeting on April 15, 2015
Special and
Draft City Council minutes for each Council Meeting are taken to the City Council to be
ouncil approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
nd posted on the City of Saratoga website.
, 2015
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MINUTES
WEDNESDAY, APRIL 13, 2015
SARATOGA CITY COUNCIL SPECIAL MEETING
BUDGET STUDY SESSION
CALL TO ORDER
Mayor Miller called the meeting to order at 6:02 p.m. in the City Hall Administrative Conference
Room at 13777 Fruitvale Avenue in Saratoga, CA.
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
Crystal Bothelio, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance & Administrative Services Director
Erwin Ordoñez, Community Development Director
Tony McFarlane, Finance Manager
Monica LaBossiere, Human Resources Manager
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
STUDY SESSION – 6:00 P.M.
1. Fiscal Year 2015/16 Budget Study Session
Recommended Action:
Council to review and provide consensus direction to staff on:
1) Draft FY 2015/16 Proposed Operating Budget
2) Revised FY 2015/16 Capital Project Funding Allocations
3) Updated Fiscal Policies
City Manager James Lindsay provided an introduction and explained subtle changes in the
City’s full time equivalent (FTE) levels produced through minor organization changes and
voluntary reductions in hours. Furthermore, he noted that there will be increases in contract
services for Fiscal Year 2015/16 due to temporary backfilling required for a position in
Community Development and the City Manager’s Office.
Mayor Miller commented that that the City of Saratoga’s total FTE levels have remained
stable and will slightly decrease in Fiscal Year 2015/16, when many other cities are
increasing their FTEs.
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General Fund Overview
Finance and Administrative Services Director Mary Furey provided a summary of the
General Fund. She explained that the City continues to see increases in property tax
revenues. Additionally, Transient Occupancy Tax revenues have been strong and increases
throughout the South Bay have been observed since the opening of Levi Stadium. Other
revenue sources remain consistent. Finance and Administrative Services Director Mary
Furey proceeded to provide information about significant General Fund expenditures,
explaining how funding is pulled from reserves for transfer to the CIP, and how funding is
added to reserves at year end.
Mayor Miller commented on the proposed plan to restore funding in the Fiscal Stabilization
Reserve. He noted that while the repayment plan seems aggressive, he feels it would be best
to restore funding soon as the economy may decline again in the future. He also commented
upon the proposed plan to pay the CalPERS Unfunded Accrued Liability (UAL). CalPERS
provided a payment plan spread out over 30 years, but paying off the UAL in half the time
results in significant savings for the City.
City Manager James Lindsay thanked Finance and Administrative Services Director Mary
Furey for her work on the UAL. He noted that she has been invited to give a presentation on
what the City is doing to pay its UAL.
Finance and Administrative Services Director Mary Furey concluded her discussion of
expenditures, noting that most expenditures remain stable with the possible exception of
Santa Clara County Sheriff’s Office contract costs.
Mayor Miller shared that he and City Manager James Lindsay met with Sheriff Laurie Smith
and other representatives of the Sheriff’s Office about the proposed contract increases. The
Sheriff’s Office will be reviewing the proposed increases and returning with options for
constraining costs without impacting service levels.
City Manager James Lindsay noted that the Sheriff’s Office will be providing final cost
information to the City by the end of April.
Finance and Administrative Services Director Mary Furey provided a detailed explanation of
the Fiscal Stabilization Reserve, noting that the proposal is to add $500,000 to the reserve in
Fiscal Year 2014/15, $250,000 in Fiscal year 2015/16, and $250,000 in Fiscal Year 2016/17.
Finance and Administrative Services Director Mary Furey reviewed proposed expenditures
in the Fiscal year 2015/16 Community Grants Program. She discussed grants issued to
organizations, such as the Saratoga Area Senior Coordinating Council (SASCC), West
Valley Community Services, and the Catholic Charities Ombudsman program.
Mayor Miller explained how these grant funds were issued in the past through a competitive
application process. He asked if the Council would like to continue planning for the grants
through the budgeting process as opposed to conducting an application process.
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Council Member Cappello shared that West Valley Community Services is considering
addition of a food pantry at the Senior Center for low income individuals and families.
COUNCIL CONSENSUS:
The City Council agreed to restore the Fiscal Stabilization Reserve funding as proposed by
staff. The City Council also concurred with proposed public service grant funding allocations
as presented by staff and declined to conduct a grant application process for these grant
funds. Council directed staff to terminate grant payments to SASCC for adult daycare if
SASCC stops offering these services in Fiscal Year 2015/16. Furthermore, if SASCC
discontinues adult daycare services then the funding should be used for other purposes or
remain in the General Fund.
Total Fund Activity
Finance and Administrative Services Director Mary Furey then discussed total fund activity.
The City Council discussed the Hillside Stability Reserve and funding available in the event
of a disaster, including funding that may come from the State or Federal governments.
Capital Project Funding
Finance and Administrative Services Director Mary Furey then proceeded to the Fiscal Year
2015/16 Capital Improvement Plan (CIP) Reserve Funding, providing a summary of
proposed changes and new information received since the City Council’s study session on
the capital budget in February. She noted recommended changes in funding sources for the
Street Resurfacing Project, Finance Committee recommendations for reducing funding for
the EV Stations project, Village Creek Trail Construction Grant Match, moving the Via
Regina Trail project to the unfunded capital project list, and additional funding for Quarry
Park Restrooms.
Mayor Miller clarified that the Finance Committee recommendations may be adjusted as the
Council sees fit.
Finance and Administrative Services Director added that staff recommends that the Council
supplement funding for the Street Resurfacing Project with General Fund money to address
any funding shortfalls in the 2015/16 budget.
Mayor Miller shared that the vehicle impact fee collected by the West Valley Solid Waste
Management Authority for road damage in Saratoga caused by hauler vehicles is expected to
increase and to be implemented over a two year period starting with Fiscal Year 2015/16.
Finance and Administrative Services Director Mary Furey noted that CIP Reserve funding is
less than originally expected and shared options for addressing the matter, including referring
the matter to the Finance Committee for recommendation, using net operations to fully fund
proposed capital project allocations, and identifying reductions to the proposed 2015/16 CIP
allocations.
Mayor Miller noted that the Prospect Center Furnishings Project, Warner Hutton House
Storage Building, or Single Pane Window Replacement projects could be postponed.
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City Manager James Lindsay suggested moving the Warner Hutton House Storage Building
to the unfunded capital project list and reducing funding to Prospect Center Furnishings to
$14,000 to cover furnishing expenses that do not require additional storage capacity.
COUNCIL CONSENSUS:
The City Council accepted the Finance Committee’s proposal to reduce funding for the EV
Stations project, Village Creek Trail Construction Grant Match, move the Via Regina Trail
project to the unfunded capital project list, and add funding for Quarry Park Restrooms. The
City Council also accepted staff’s recommendation to supplement funding for the Street
Resurfacing Project with General Fund money to address any funding shortfalls in the
2015/16 budget. The City Council agreed to move the Warner Hutton House Storage
Building to the unfunded capital project list and reduce funding for the Prospect Center
Furnishings project to $14,000 or less to cover costs associated with furnishings that do not
require storage. Staff was directed to provide an updated project cost estimate and scope as
part of the proposed budget.
Fiscal Policies
Finance and Administrative Director Mary Furey reviewed proposed changes to the Fiscal
Policies, including a new Facility Furniture, Fixtures, and Equipment Replacement Fund
Policy and changes to the Facility Replacement Reserve.
Vice Mayor Cappello noted that while the Facility Replacement Reserve might not be able to
fully fund a significant facility replacement project, it would build a sizable reserve and help
offset any bond funding that the City might need to fully fund a replacement project.
Mayor Miller commented that he feels the City’s fiscal policies establish a good balance
between saving and spending as well as planning for future funding needs. He asked that that
the Council Members inform Finance and Administrative Services Director Mary Furey as
soon as possible if they note any typos, errors, or clarifications for the fiscal policies.
COUNCIL CONSENSUS:
The City Council agreed to the proposed fiscal policy changes, including creation of a
Facility Furniture, Fixtures, and Equipment Replacement Fund and maintaining the General
Fund $300,000 Year-End Allocation to the Facilities Replacement Reserve, which is
prioritized ahead of funding for capital projects.
ADJOURNMENT
Mayor Miller adjourned the meeting at 7:50 p.m.
Minutes respectfully submitted:
Crystal Bothelio, City Clerk
City of Saratoga
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MINUTES
WEDNESDAY, APRIL 15, 2015
SARATOGA CITY COUNCIL SPECIAL MEETING
At 6:30 p.m. in the the Administrative Conference Room at Saratoga City Hall at 13777
Fruitvale Avenue, the City Council held a study session on future City Council training. Under
Oral Communications on Non-Agendized Items, the following person requested to speak: Trish
Cypher. On public comment on the study session topic of Future City Council Training, the
following person requested to speak: Trish Cypher.
SARATOGA CITY COUNCIL REGULAR MEETING
Mayor Miller called the meeting to order at 7:04 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
Adam Henig, Recreation Supervisor
Nina Walker, Facility Coordinator
Tony McFarlane, Finance Manager
Christopher Riordan, Senior Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted on
April 9, 2015.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Greg Giansiracusa addressed the City Council regarding his interest in adding an access point to
Joe’s Trail from Via Real and Saratoga Creek. He requested that the City Council write a letter
of support to San Jose Water about granting access to the tail from that location.
Mayor Miller recommended that Greg Giansiracusa speak with Public Works Director John
Cherbone regarding his request.
A speaker shared information about Saratoga Talent Open Mic on Friday, April 17, 2015 at Blue
Rock Shoot at 7:00 p.m.
Jacky Lee encouraged the City Council to implement Community Choice Aggregation.
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Oral Communications - Council Direction to Staff
None
Communications from Boards and Commissions
None
Council Direction to Staff
None
ANNOUNCEMENTS
Council Member Kumar shared information about a number of upcoming community events,
including a pancake breakfast at the Saratoga Fire Station on April 18, Saratoga High School
Music Boosters pancake breakfast on May 3, a Safety Forum hosted by State Senator Jim Beall,
Saratoga Hindu Temple activities, and a creek cleanup for Boy Scouts and Girl Scouts.
Council Member Bernald announced Architecture 101 on April 29, the Association of Bay Area
Governments spring general assembly, and a presentation at the Saratoga Historical Museum on
the Pan-Pacific International Exposition on April 18. She also shared that the Saratoga Sister
City group will be sending a letter of appreciation to the Mayor of Muko, Japan, who is leaving
office after 12 years of service. Council Member Bernald also provided information about a
group she met with that is interested in promoting art in Saratoga.
Council Member Lo shared information about Arbor Day on April 21 and the Rotary Art Show
on May 2 and 3.
Mayor Miller provided additional information about Arbor Day and shared that the City’s
Recreation Department is offering a number of programs for all ages and interests, including
Gym for Toddlers. More information can be found in the City’s Recreation Activity Guide.
CEREMONIAL ITEMS
1. Proclamation Declaring April 15, 2015 as National Bookmobile Day
Recommended action:
Present the proclamation to representatives of the Santa Clara County Library District.
Mayor Miller presented the proclamation to representatives of the Santa Clara County
Library District.
2. Proclamation Declaring April 2015 as Safe Digging Month
Recommended action:
Read and present the proclamation to representatives of Pacific Gas & Electric Company.
Mayor Miller presented the proclamation to Anthony Lin, PG&E Government Relations
Representative.
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SPECIAL PRESENTATIONS
3. Special Presentation from San Jose Water Company
Recommended action:
Receive presentation from San Jose Water Company on current drought conditions and water
conservation measures.
Mayor Miller invited John Tang with the San Jose Water Company to give a presentation on
the drought and water conservation.
John Tang, San Jose Water Company Vice President – Government Relations & Corporate
Communications, provided a presentation on the drought and the Governor’s executive order
to conserve water.
Council Member Bernald requested that the City Council consider revisiting the City’s water
efficient landscaping ordinance to identify opportunities to further conserve water.
Vice Mayor Cappello concurred.
Council Member Kumar requested that the City create a page on the drought with
information about rebates and other resources on conserving water.
Mayor Miller noted that the City has a page on the drought, but it could be updated with
more current information.
City Manager James Lindsay agreed to have the page updated within the next few weeks
when there is more clarity about how water conservation measures will be implemented
locally.
Mayor Miller also proposed that a presentation from the Santa Clara Valley Water District be
added to a future Council agenda once the water conservation regulations are determined.
Vice Mayor Cappello concurred.
CONSENT CALENDAR
4. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special and Regular City Council Meeting on
April 1, 2015.
CAPPELLO/KUMAR MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON APRIL 1, 2015.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
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5. Review of Accounts Payable Check Register
Recommended action:
Review and accept check register for the following accounts payable payment cycle:
4/1/2015 Period 10
CAPPELLO/KUMAR MOVED TO ACCEPT CHECK REGISTER FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLE: 4/1/2015 PERIOD 10.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
6. Treasurer’s Report for the Month Ended February 28, 2015
Recommended action:
Review and accept the Treasurer’s Report for the month ended February 28, 2015.
CAPPELLO/KUMAR MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED FEBRUARY 28, 2015. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
7. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's
Report and Adoption of Resolution of Intention for FY 15-16
Recommended action:
1. Move to adopt the resolution granting preliminary approval of the Engineer's Report for
FY 15-16 for renewing the Landscaping and Lighting Assessment District LLA-1.
2. Move to adopt the resolution of intention.
RESOLUTIONS NO. 15-018 & 15-019
CAPPELLO/KUMAR MOVED TO ADOPT: 1) THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 15-16 FOR
RENEWING THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
LLA-1; AND 2) THE RESOLUTION OF INTENTION. MOTION PASSED. AYES:
MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
8. Fruitvale Avenue Landscape Median Project – Budget Amendment
Recommended action:
Adopt resolution amending the FY 2014/2015 Budget to accept and appropriate a refund for
the Fruitvale Avenue Landscape Median Upgrade Project.
RESOLUTION NO. 15-020
CAPPELLO/KUMAR MOVED TO ADOPT RESOLUTION AMENDING THE FY
2014/2015 BUDGET TO ACCEPT AND APPROPRIATE A REFUND FOR THE
FRUITVALE AVENUE LANDSCAPE MEDIAN UPGRADE PROJECT. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
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9. AB 939 and Household Hazardous Waste Agreements with Santa Clara County
Recommended action:
Authorize the City Manager to sign the Agreement for Countywide Assembly Bill 939
Implementation Fee and Santa Clara County Household Hazardous Waste Collection
Program Agreement with a $52,684.21 augmentation for Fiscal Year 2015/16.
Council Member Lo removed this item from the Consent Calendar to request additional
information about household hazardous waste.
Mayor Miller invited public comment on the item.
No one requested to speak.
LO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE
AGREEMENT FOR COUNTYWIDE ASSEMBLY BILL 939 IMPLEMENTATION
FEE AND SANTA CLARA COUNTY HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM AGREEMENT WITH A $52,684.21 AUGMENTATION
FOR FISCAL YEAR 2015/16. MOTION PASSED. AYES: MILLER, CAPPELLO, LO,
BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
PUBLIC HEARINGS
10. Proposed Fee Schedule Update for FY 2015/16
Recommended action:
Open the public hearing, listen to public testimony and close public hearing. Adopt the
resolution approving the fee schedule for Fiscal Year 2015/16.
Tony McFarlane, Finance Manager, presented the staff report.
Mayor Miller noted that a supplemental attachment was provided with additional information
about the proposed rate increases for rental of some City facilities.
Mayor Miller invited public comment on the item.
No one requested to speak.
Adam Henig, Recreation Supervisor, and Nina Walker, Facility Coordinator, addressed
Council questions regarding proposed increases to rental rates for several City facilities.
RESOLUTION NO. 15-021
CAPPELLO/LO MOVED TO ADOPT THE RESOLUTION APPROVING THE FEE
SCHEDULE FOR FISCAL YEAR 2015/16. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
The Council further directed staff to research opportunities to increase facility utilization
whether through tiered rates or other means, such as making posting information about
facility availability on the City’s website, and present findings to the Finance Committee. In
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the meantime, staff was also directed to include information about current use of rental
spaces in the Council’s Weekly Newsletter.
OLD BUSINESS
None
NEW BUSINESS
11. Review of Nonconforming Structure Regulations
Recommended action:
Provide direction to the Planning Commission on potential ordinance modifications for
Nonconforming Structures.
Community Development Director Erwin Ordoñez presented the staff report.
Mayor Miller invited public comment on the item.
No one requested to speak.
CAPPELLO/BERNALD MOVED TO DIRECT THE PLANNING COMMISSION TO
REVIEW EXISTING REGULATIONS FOR NONCONFORMING STRUCTURES
AND RETURN WITH A PROPOSED ORDINANCE THAT WILL: 1) OVERTIME
BRING NONCONFORMING STRUCTURES INTO CONFORMANCE; 2) PROVIDE
RELIEF FOR HISTORIC BUILDINGS; 3) ALLOW THE MAJORITY OF
NONCONFORMING STRUCTURE REVIEWS TO BE HANDLED
ADMINISTRATIVELY; 4) DISTINGUISH BETWEEN INTERIOR AND EXTERIOR
REMODELING WORK IN ORDER TO PREVENT INTERIOR ONLY REMODELS
FROM TRIGGERING THE REQUIREMENT THAT NONCONFORMING
STRUCTURES BE MADE TO COMPLY WITH CURRENT STANDARDS; 5)
ALLOW EXCEPTIONS WHEN STRUCTURES ARE NOMINALLY WITHIN A
REQUIRED SETBACK AND PROPOSED CONSTRUCTION WOULD CREATE
INCONSISTENCY IN THE BUILDING APPEARANCE; 6) AND CONSIDER
ALTERNATIVE METHODOLOGIES OR THRESHOLDS THAT MAY BE EASIER
TO UNDERSTAND AND ACHIEVES THE SAME OVERALL GOAL, SUCH AS A
METHODOLOGY BASED ON SQUARE FOOTAGE. MOTION PASSED. AYES:
MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
12. Authorization to Participate in Community Choice Energy South Bay Technical Feasibility
Study
Recommended action:
Approve resolution authorizing participation in the Community Choice Energy South Bay
Technical Feasibility Study.
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. 15-022
LO/KUMAR MOVED TO APPROVE RESOLUTION AUTHORIZING
PARTICIPATION IN THE COMMUNITY CHOICE ENERGY SOUTH BAY
TECHNICAL FEASIBILITY STUDY. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Howard Miller
Council Finance Committee – during the last meeting, the Committee received a preview of the
information shared at the Budget Study Session and last minute change to the proposed budget.
Hopefully, the City will be sending out a press release soon on the CalPERS Unfunded Accrued
Liability payment and the City’s plans to pay it off.
Vice Mayor Manny Cappello
Vice Mayor Cappello shared he, City Manager James Lindsay, and the City Manager of Los
Altos Hills would be meeting in Sacramento on April 16 to discuss tax equity allocation with
representatives of the State Department of Finance.
Santa Clara County Housing and Community Development (HCD) Council Committee – the next
meeting will be April 20, 2015.
Saratoga Area Senior Coordinating Council (SASCC) – the next meeting is the week of April 20,
2015.
Council Member Emily Lo
KSAR Community Access TV Board – during the last meeting, the Board discussed
advertisements in the Saratoga News that are no longer free to print. The Board plans to seek out
free publicity opportunities. The Board is also hoping to increase visibility by installing
televisions airing KSAR programing and information about KSAR in high profile locations, such
as the Saratoga Library, Community Center, and City Hall.
Council Member Mary-Lynne Bernald
Cities Association of Santa Clara County – during the last meeting, the group discussed new bills
introduced during the current legislative cycle and identified bills to watch and/or support. There
was also a report from Sunnyvale Mayor Jim Griffith on the Community Choice Energy South
Bay technical feasibility study.
Council Member Rishi Kumar
Saratoga Chamber of Commerce & Destination Saratoga – the president of West Valley College
attended the last meeting and there were updates on Chamber activities.
Valley Transportation Authority (VTA) Policy Advisory Committee – Council Member Kumar
attended the last meeting on behalf of Mayor Miller. The Committee received a report regarding
two requests for Priority Development Area (PDA) Planning Grant funds. The requests were:
Bascom Avenue Complete Street Corridor Study and Tasman Drive Complete Street Corridor
Study. The Committee recommended funding for both projects. The Committee also discussed
the Fiscal Year 2015 Congestion Management Program Fund Operating Budget, which was
recommended for adoption with 1 member voting nay. There will be a study session on El
Camino Bus Rapid Transit the week of April 20.
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CITY COUNCIL ITEMS
Mayor Miller noted that there was a request to staff to bring the water efficient landscape
ordinance to a future Council Meeting.
CITY MANAGER’S REPORT
City Manager James Lindsay shared that there have been some key staff members absent this
week and he thanked the City Council for their patience.
ADJOURNMENT
LO/BERNALD MOVED TO ADJOURN THE MEETING AT 10:10 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
22
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:
4/14/2015 Period 10
4/21/2015 Period 10
4/28/2015 Period 10
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 #
4/14/15 127751 127817 67 242,122.66 04/14/15 4/1/15 127750
4/21/15 127818 127870 53 439,293.50 04/21/15 4/14/15 127817
Accounts Payable 4/28/15 127871 127923 53 87,279.29 04/28/15 4/21/15 127870
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
04/14/15 127758 General 36,762.31
04/14/15 127792 PW 25,456.80
04/14/15 127793 PW 26,125.00
04/14/15 127802 Legal 20,061.30
04/21/15 127851 PS 383,378.33
Accounts Payable checks voided during this time period:
AP Date Check #Amount
12/17/14 127084 Re-Issue 125.00
ADVERTISING, NOTICING AND PUBLIC CONTACT:
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Prior Check Register
Checks
Released
Total
Checks Amount
Worker's Comp Ins.
Issued to
CIP Streets Projects
Portico, Inc.CIP Parks Project Fund
Never Received CheckSteven and Ellen Karel
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
Sidewalk Repair
Shute Mihaly & Weinberger General
SCC Office of the Sheriff General Law Enforcement
Attorney Services
Precision Concrete Cutting
SARATOGA CITY COUNCIL
MEETING DATE:May 6, 2015
DEPARTMENT:Finance & Administrative Services
Fund Purpose
PREPARED BY:
Ending
Check #Type of Checks Date Starting Check #
Accounts Payable
Accounts Payable
Comp Shared Risk Pool Worker's Comp Fund
Hakone Gardens
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25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2015
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended March 31, 2015
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended March 31, 2015.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of March 31, 2015, the City had $713,115 in cash deposit at Comerica bank, and $15,239,479 on deposit
with LAIF. Council Policy on Working Capital Reserve Funds, adopted on April 20, 1994, states that: for
cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be
allowed to fall below $2,000,000. The total pooled cash balance as of March 31, 2015 is $15,952,594 and
exceeds the minimum limit required.
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Unrestricted Cash
Comerica Bank 713,115$
Deposit with LAIF 15,239,479$
Total Unrestricted Cash 15,952,594$
Cash Summary
41
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are 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 enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains 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.
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 – Change in Operating Cash Balance by Month
E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 15,952,594$
Plus: Assets 380,554
Less: Liabilities (1,886,880)
Ending Fund Balance 14,446,268$
Adjusting Cash to Ending Fund Balance
42
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/14
Increase/
(Decrease) Jul-
Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/15
General Fund
Restricted Fund Balances:
Environmental Services 413,182 - - - - - 413,182
Committed Fund Balances:
Hillside Stability 992,934 - - - - - 992,934
Assigned Fund Balances:
Capital & Efficiency Reserve 1,928,915 - - - - 1,833,345 95,570
Facility Reserve 600,000 - - - - - 600,000
Carryforwards 118,788 - - - - - 118,788
Unassigned Fund Balances:-
Working Capital 2,930,184 - - - - - 2,930,184
Fiscal Uncertainty 1,500,000 - - - - - 1,500,000
Development Services 705,459 - - - - - 705,459
Compensated Absences 223,846 - - - - - 223,846
Other Unassigned (Pre YE distribution)2,422,326 (3,144,014) 1,166,170 1,107,826 - - (663,344)
General Fund Total 11,835,634 (3,144,014) 1,166,170 1,107,826 - 1,833,345 6,916,619
Special Revenue
Landscape/Lighting Districts 733,831 78,542 24,257 17,011 1,000 - 820,619
Capital Project
Street Projects 799,947 (292,721) 6,770 10,581 730,000 - 1,233,414
Park and Trail Projects 560,784 21,597 - 34,594 443,445 - 991,231
Facility Projects 206,036 (94,180) 5,652 29,136 479,900 - 568,271
Administrative Projects 166,819 (7,078) 5,764 - 220,000 41,000 344,504
Tree Fund Projects 73,186 (13,747) 125 - - - 59,564
Park In-Lieu Fees Projects 372,031 (7,821) - 5,900 - - 358,311
CIP Grant Street Projects (1,896) (394,339) - (2,440) - - (393,794)
CIP Grant Park & Trail Projects 22,874 (3,712) - 1,390 - - 17,772
Gas Tax Fund Projects 926,527 (76,805) 72,852 34,964 - - 887,610
CIP Fund Total 3,126,307 (868,806) 91,163 114,125 1,873,345 41,000 4,066,884
Debt Service
Library Bond 897,786 (372,677) 2,691 - - - 527,800
Internal Service Fund
Liability/Risk Management 283,125 38,842 3,334 8,543 - - 316,757
Workers Compensation 281,642 24,824 - 2,709 - - 303,758
Office Support Fund 53,121 20,302 958 5,305 - - 69,076
Information Technology Services 262,069 32,038 359 35,177 - - 259,289
Equipment Maintenance 36,349 77,576 - 15,272 - - 98,654
Building Maintenance 199,869 133,790 995 59,730 - - 274,924
Equipment Replacement 508,880 93,066 - 612 - - 601,334
Technology Replacement 152,788 37,767 - - - - 190,555
-
Total City 18,371,402 (3,848,748) 1,289,927 1,366,310 1,874,346 1,874,346 14,446,268
43
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/14
Increase/
(Decrease)
Jul-Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/15
Street Projects
Annual Street Resurfacing 37,147 (37,148) 5,249 5,249 - - -
Residential Street Construction - - - 1,705 300,000 - 298,295
Roadway Safety & Traffic Calming 755 (24,491) - - 50,000 - 26,264
Highway 9 Safety Project - Phase II (Ped Paths)6,054 40,587 (45,079) - - - 1,562
Highway 9 Safety Project - Phase III (Bicycles)24,514 - (24,514) - - - -
Highway 9 Safety Project - Phase IV 90,000 - 58,396 - - - 148,396
Big Basin Way Turnaround - - - - 50,000 - 50,000
Fruitvale Ave Median - (8,228) 12,718 - - - 4,490
Village LED Streetlights 5,180 (172) - - - - 5,007
Annual Sidewalks Project 39,437 (15,234) - - 50,000 - 74,202
Annual Storm Drain Upgrade 10,899 (14,827) - - 50,000 - 46,072
Village-Streetscape Improvements 25,059 - - - - - 25,059
Village-Phase II Design 13,363 (10,749) - - - - 2,614
Village-Phase II Construction 289,294 (162,958) - 3,628 - - 122,708
ELCamino Grande SD Pump - - - - 150,000 - 150,000
Saratoga Hills SD Pump - - - - 10,000 - 10,000
Storm Drain Capture Device - - - - 30,000 - 30,000
Wildcat Creek Outfall - - - - 40,000 - 40,000
Fourth Street Bridge 100,000 - - - - - 100,000
Quito Road Bridge Replacement Design 59,500 (59,500) - - - - -
Underground Project 98,744 - - - - - 98,744
Total Street Projects 799,947 (292,721) 6,770 10,581 730,000 - 1,233,414
Parks & Trails Projects
Park/Trail Repairs 1,038 (4,051) - 3,465 25,000 - 18,522
Playground Safety Equipment 16,478 (10,565) - 4,974 - - 939
Fibar Playground Improvement`4,020 (4,020) - - - - -
Turf Reduction Renovation - (25,000) - - 25,000 - -
Hakone Garden Matching Funds 250,000 135,466 - 26,155 - - 359,311
Hakone Garden Upper Moon House 125,000 - - - - - 125,000
Wildwood Bridge Rehab 60,499 (58,280) - - - - 2,220
Quarry Park Plan Implement - (2,677) - - 293,445 - 290,768
Quarry Park Row Acquisition - - - - 100,000 - 100,000
Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997
Guava/Fredericksburg Entrance 45,880 - - - - - 45,880
Saratoga to Sea Quarry Master Plan 23,872 (9,278) - - - - 14,594
Total Parks & Trails Projects 560,784 21,597 - 34,594 443,445 - 991,231
Facility Projects
Facility Projects 39,761 (65,760) - 7,004 100,000 - 66,997
Security Locks 37,096 (829) - 18,434 45,000 - 62,832
City Hall Emergency Power Backup 53,445 (21,390) - 845 - - 31,210
Master Electrical Board - - - - 140,000 - 140,000
Theater Improvements 66,061 13,923 5,652 910 - - 84,726
Theater MP Improvements - - - - 64,900 - 64,900
Community Center Cool Roof - - - - 90,000 - 90,000
Pre-School Play Structure - (24,999) - 1,943 40,000 - 13,058
McWilliams House Improvements 3,703 (125) - - - - 3,578
Library Building Exterior Maintenance Projects 5,970 5,000 - - - - 10,970
Total Facility Projects 206,036 (94,180) 5,652 29,136 479,900 - 568,271
44
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/14
Increase/
(Decrease)
Jul-Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/15
Administrative Projects
Financial System Upgrade 3,534 - - - - - 3,534
COMB Document Imaging Project 78,673 (9,870) - - - - 68,803
Development Technology - 7,891 5,764 - - - 13,655
LLD Initiation Match Program - - - - 50,000 1,000 49,000
General Plan Update - - - - 100,000 - 100,000
Village Façade Program 3,821 (3,500) - - 20,000 - 20,321
Business Development Incentive Program 1,600 (1,600) - - - - -
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 54,192 - - - 50,000 40,000 64,192
Total Administrative Projects 166,819 (7,078) 5,764 - 220,000 41,000 344,504
Tree Fund Projects
Citywide Tree Planting Program 50,311 (13,747) - - - - 36,564
Tree Dedication Program 21,125 - 125 - - - 21,250
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 73,186 (13,747) 125 - - - 59,564
CIP Grant Street Projects
Highway 9 Safety Improvements Phase II (1,896) (2,782) - (2,440) - - (2,238)
Saratoga Ave Sidewalk - (75,744) - - - - (75,744)
Village Phase II - Construction - (368,991) - - - (368,991)
Quito Road Bridges - 53,179 - - - - 53,179
Total CIP Grant Street Projects (1,896) (394,339) - (2,440) - - (393,794)
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 10,065 (3,712) - 1,390 - - 4,963
Joe's Trail at Saratoga / De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 22,874 (3,712) - 1,390 - - 17,772
Park In-Lieu Fees Projects
Quarry Park Plan Implement 280,631 (7,821) - 5,900 - - 266,911
Saratoga Village Creek 50,000 - - - - - 50,000
Unallocated Park Fees 41,400 - - - - - 41,400
Total park In-Lieu Fees Projects 372,031 (7,821) - 5,900 - - 358,311
Gas Tax Fund Projects
Annual Street Resurfacing 171,702 (40,683) 72,852 34,964 - - 168,908
Prospect/Saratoga OBAG Improvement 544,825 - - - - - 544,825
Citywide Signal Upgrade II 100,000 - - - - - 100,000
Arroyo de Arguello Storm Drain 70,000 (36,123) - - - - 33,878
Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000
Total Gas Tax Fund Projects 926,527 (76,805) 72,852 34,964 - - 887,610
Total CIP Funds 3,126,307 (860,986) 91,163 108,225 1,873,345 41,000 4,066,884
45
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
46
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 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26
Quarterly Apportionment Rates
Local Agency Investment Fund
47
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2015
DEPARTMENT: Public Works
PREPARED BY: Macedonio Nunez, Associate Engineer
SUBJECT: Transportation Development Act (TDA) Article 3 Application for the Saratoga
Avenue Walkway Project.
RECOMMENDED ACTION:
Adopt resolution supporting the Metropolitan Transportation Commission’s Transportation
Development Act Article 3 Pedestrian/Bicycle Grant Application for the Saratoga Avenue
Walkway Project.
REPORT SUMMARY:
Background:
In April 2015, Public Works staff applied for a Metropolitan Transportation Commission grant
titled Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application (TDA
Article 3 Grant) for the Saratoga Avenue Walkway Project. Under the TDA Article 3 Grant,
“Guaranteed” funds are made available each year for bicycle/pedestrian projects. On January 21,
1998, a Resolution was passed by City Council in support of the Saratoga Avenue Walkway Project
that utilized the TDA allocations. This project has been ongoing since 1992, and has created new
walkways along Saratoga Avenue from the City limits to Heritage Oak. These funds have also
funded Pedestrian Safety Improvements at Crestbrook Drive, Herriman Avenue, La Paloma
Avenue intersections, the new Bus Stop locations, sidewalk in front of the Old Post Office to Park
Place and will fund the sidewalk continuation from Park Place to in between Orchard Rd and La
Paloma Ave. This year’s Guaranteed Allocation for the City of Saratoga is $22,753.
Discussion:
Renewed authorization to submit the attached application needs to be granted by the City Council.
The limits of the newest walkway project along Saratoga Ave will be from Park Place to in between
Orchard Rd and La Paloma Ave. This will be accomplished by adopting the attached Resolution.
FISCAL IMPACTS:
No local match is required for TDA Article 3 Grants.
48
Page 2 of 2
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The project would not be approved, and the TDA Guaranteed Allocation of $22,753 would be
reallocated to other cities in Santa Clara County.
ATTACHMENTS
Resolution
49
Resolution No. INSERT NUMBER
Re: Request to the Metropolitan Transportation Commission for the allocation of fiscal year 2015-16
Transportation Development Act Article 3 Pedestrian/Bicycle project funding
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities
Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional
transportation planning agency for the funding of projects exclusively for the benefit and/or use
of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional
transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution
No.4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,”
which delineates procedures and criteria for submission of requests for the allocation of “TDA
Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA
Article 3 funding be submitted as part of a single, countywide coordinated claim from each
county in the San Francisco Bay region; and
WHEREAS, the City of Saratoga desires to submit a request to MTC for the allocation
of TDA Article 3 funds to support the projects described in Attachment B to this resolution,
which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be
it
RESOLVED, that the City of Saratoga declares it is eligible to request an allocation of
TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be
it
RESOLVED, that there is no pending or threatened litigation that might adversely affect
the project or projects described in Attachment B to this resolution, or that might impair the
ability of the City of Saratoga to carry out the project; and furthermore, be it
RESOLVED, that the project has been reviewed by the Bicycle Advisory Committee
(BAC) of City of Saratoga
; and furthermore, be it
RESOLVED, that the City of Saratoga attests to the accuracy of and approves the
statements in Attachment A to this resolution; and furthermore, be it
RESOLVED, that a certified copy of this resolution and its attachments, and any
accompanying supporting materials shall be forwarded to the congestion management agency,
countywide transportation planning agency, or county association of governments, as the case
may be, of Santa Clara County for submission to MTC as part of the countywide coordinated
TDA Article 3 claim.
50
The City of Saratoga adopted this resolution on May 6, 2015
AYES:
NAYS:
ABSENT:
ABSTAIN
Certified to by (signature):
Howard Miller, Mayor
Attest__________________________________
Crystal Bothelio, City Clerk City of Saratoga
51
Resolution No. INSERT NUMBER
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2015-16
Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Findings
Page 1 of 1
1. That the City of Saratoga is not legally impeded from submitting a request to the Metropolitan Transportation
Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of
Saratoga legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.
2. That the City of Saratoga has committed adequate staffing resources to complete the project(s) described in
Attachment B.
3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters,
including those related to environmental and right-of-way permits and clearances, attendant to the successful
completion of the project(s).
4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described
in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not
jeopardize the deadline for the use of the TDA funds being requested.
5. That the project(s) described in Attachment B comply with the requirements of the California Environmental
Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).
6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding
other than TDA are assured and adequate for completion of the project(s).
7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for
the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping
Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for
the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article
3 funding for such a plan has not been received by the City of Saratoga within the prior five fiscal years.
8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit,
multimodal, complete streets, or other relevant plan.
9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design
criteria published in Chapter 1000 of the California Highway Design Manual.
10. That the project(s) described in Attachment B will be completed before the funds expire.
11. That the City of Saratoga agrees to maintain, or provide for the maintenance of, the project(s) and facilities
described in Attachment B, for the benefit of and use by the public.
52
Resolution No. INSERT NUMBER
Attachment B
Page 1 of 2
TDA Article 3 Project Application Form
Fiscal Year of this Claim: 15-16 Applicant: City of Saratoga
Contact person: Macedonio Nunez
Mailing Address: 13777 Fruitvale Avenue, Saratoga CA 95070
E-Mail Address: mnunez@saratoga.ca.us Telephone: (408) 868-1218
Secondary Contact (in event primary not available) John Cherbone
E-Mail Address:jcherbone@saratoga.ca Telephone:(408) 868-1241
Short Title Description of Project: Saratoga Avenue Pathway Project
Amount of claim: $ 22,753
Functional Description of Project:
Asphalt concrete & Portland cement concrete walkway and ADA ramps along Saratoga Ave from Park Place to in between Orchard Rd and La Paloma Ave
Financial Plan:
List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of-way, construction,
inspection, contingency, audit). Use the table below to show the project budget. Include prior and proposed future funding of the project. If the
project is a segment of a larger project, include prior and proposed funding sources for the other segments.
Project Elements: Final design, specification, construction and inspection
Funding Source All Prior FYs Application FY Next FY Following FYs Totals
TDA Article 3 $355,024 $22,753 $22,753
list all other sources:
1.
2.
3.
4.
Totals $355,024 $22,753 $377,777
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is
anticipated).
NO
05/20/15
B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. YES
C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California
Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov).
D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation). YES
E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been
evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that
include construction).
YES
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and
year) September 2014
YES
G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such
maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:
)
YES
53
PAGE 2 OF 2
TDA ARTICLE 3 PROJECT APPLICATION FORM
Project Eligibility:
B. This project has been previously funded in several cycles. See the attached TDA article 3 application for fiscal
year of claim 03/04.
D. This project is ongoing and has been reviewed in the past. See the attached TDA article 3 application for fiscal
year of claim 03/04
54
Resolution No.
Attachment B
Page 1 of 1
TDA Article 3 Project Application Form
Fiscal Year of this Claim: 03/04 Applicant: City of Saratoga
Contact person: Morgan Kessler
Mailing Address: 13777 Fruitvale Avenue, Saratoga CA 95070
E-Mail Address: mkessler@saratoga.ca.us Telephone: (408) 868-1218
Secondary Contact (in event primary not available) John Cherbone
E-Mail Address: jcherbone@saratoga.ca.us Telephone: (408) 868-1241
Short Title Description of Project: Saratoga Avenue Pathway Project
Amount of claim: $17,254.00
Functional Description of Project:
Asphalt concrete & Portland cement concrete walkway along Saratoga Avenue, between Herriman Drive & Big Basin Way
Financial Plan:
List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of-way, construction,
construction management, contingency). Use the table below to show the project budget. Include prior and proposed future funding of the project.
If the project is a segment of a larger project, include prior and proposed funding sources for the other segments (make certain the use of the
currently requested funding is made clear in the “Project Elements” section below, and include any other clarifying information on the next page).
Project Elements: Final design, specification, construction, inspection.
Funding Source All Prior FYs Application FY Next FY Following FYs Totals
TDA Article 3 $103,926.00 $17,254.00 $17,254.00
list all other sources:
1.
2.
3.
4.
Totals $103,926.00 $17,254.00 $121,180.00
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO," on the next page provide the approximate date
approval is anticipated).
YES
B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on the next page. YES
C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California
Highway Design Manual? (Available on the internet at: http://www.dot.ca.gov/hq/oppd/hdm/chapters/t1001.htm ).
D. Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation on the next page). YES
E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been
evidenced by the dated stamping of the document by the county clerk or county recorder? (If “NO” provide and explanation
on the next page; and note that MTC cannot allocate funds to a project which lacks environmental clearance).
YES
F. Will the project be completed within the three fiscal year time period (including the fiscal year of funding) after which the
allocation expires? Enter the anticipated completion date of project (month and year)
YES
G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such
maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:
)
YES
55
SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2015
DEPARTMENT: Public Works
PREPARED BY: Iveta Harvancik, Senior Engineer
SUBJECT: Village Creek Trail Design: Budget Resolution, Design Contract,
Easement Acceptance
RECOMMENDED ACTIONS:
1. Approve budget adjustment.
2. Approve Professional Design Services
amount of $26,144 for design services,
and authorize staff to approve additional costs up
as a project contingency.
3. Approve Resolution accepting
Mrs. Rosenfeld and authorize the
BACKGROUND:
Proposed Village Creek Trail will be a public pedestrian pathway
running the length of the Village from Saratoga
the terrain constrains and limited land rights, the trail connection to
a new pedestrian bridge. Therefore, the project was divided into two phases as shown on the Site
Plan - Phase 1 includes 1000 feet long trail behind the Village
walk down towards the creek and relax on a bench near the creek
the final 300 feet trail section and a new
Phase 1 trail will have two different characteristics, depending on the existing topography.
locations where the creek bank is too steep for a trail, the trail will be located on the parking lot
level, just behind the parking lot curb a
parking lot (approximately behind The Bank Bar), the trail will gradually descend
the creek to a proposed creek viewing area with benches and an informative sign. From this area
the trail will continue along a relatively flat area near the creek towards Wildwood Park. T
section of the trail as well as the pedestrian
of the project.
SARATOGA CITY COUNCIL
Iveta Harvancik, Senior Engineer
Village Creek Trail Design: Budget Resolution, Design Contract, Trail
Professional Design Services Contract with Alta Planning and Design in the
amount of $26,144 for design services, authorize the City Manager to execute the same
and authorize staff to approve additional costs up to 10% of the contract amount ($2,600)
Offer to Dedicate Pedestrian Trail Easement from Mr. and
the City Manager to sign the Certificate of Acceptance.
a public pedestrian pathway located along Saratoga Creek
running the length of the Village from Saratoga-Sunnyvale Road to Wildwood Park. Based on
rights, the trail connection to Wildwood Park will require
a new pedestrian bridge. Therefore, the project was divided into two phases as shown on the Site
Phase 1 includes 1000 feet long trail behind the Village businesses and an opportunity to
ax on a bench near the creek; Phase 2 of the project
new bridge to Wildwood Park.
trail will have two different characteristics, depending on the existing topography.
bank is too steep for a trail, the trail will be located on the parking lot
level, just behind the parking lot curb along the top of the creek bank. About half-way along the
parking lot (approximately behind The Bank Bar), the trail will gradually descend down towards
the creek to a proposed creek viewing area with benches and an informative sign. From this area
the trail will continue along a relatively flat area near the creek towards Wildwood Park. T
section of the trail as well as the pedestrian bridge to Wildwood Park will be designed in Phase 2
Trail
and Design in the
to execute the same
to 10% of the contract amount ($2,600)
from Mr. and
City Manager to sign the Certificate of Acceptance.
located along Saratoga Creek
Sunnyvale Road to Wildwood Park. Based on
Wildwood Park will require
a new pedestrian bridge. Therefore, the project was divided into two phases as shown on the Site
an opportunity to
of the project includes
trail will have two different characteristics, depending on the existing topography. In
bank is too steep for a trail, the trail will be located on the parking lot
way along the
down towards
the creek to a proposed creek viewing area with benches and an informative sign. From this area
the trail will continue along a relatively flat area near the creek towards Wildwood Park. The last
bridge to Wildwood Park will be designed in Phase 2
56
Budget Resolution
Design and environmental review of the Village Creek Trail project was initially funded in the
Fiscal Year 2011/12 CIP with $39,000 in grant funds received from the Santa Clara Valley
Water District (District) under the 2011 Watershed Stewardship Grant Program. The total
estimated cost to complete the design and environmental clearance phase of the project is
approximately $119,000. The City Council provided direction at the Budget Study Session to
fully fund the design phase with an additional appropriation of $80,000 in Fiscal Year 2015/16.
The Fiscal Year 2014/15 CIP included funding for the construction phase of the project in the
amount of $50,000 to begin setting aside matching funds towards a future grant. The City
Council provided direction at the Budget Study Session to set the funding level of the
construction phase at $100,000 with an additional $50,000 appropriation in Fiscal Year 2015/16.
The design phase is proceeding faster than expected and funds are needed this Fiscal Year to
keep the project moving. Staff is therefore recommending approval to transfer $31,000 from the
construction phase to the design phase of the project. If the transfer is approved, then the
$130,000 in appropriations proposed for each phase of the project in Fiscal Year 2015/16 CIP
will be updated so that the design and environmental phase will not exceed $119,000 in funding
and the construction phase will not exceed $100,000 in funding as per Council direction in the
Budget Study Session.
It is therefore recommended that the City Council approve the proposed budget adjustment
resolution, approve the design contract with Alta Planning and Design in the amount of $26,144
and accept the trail easement dedication from Mr. and Mrs. Rosenfeld.
Design Contract
Design of the Village Creek Trail requires knowledge of planning trails on slopes near creeks.
Alta Planning and Design has been selected to provide these services based on their long-term
experience with designing similar trails. Additionally, the cost proposal was the lowest from all
submitted proposals. Attached is the Professional Design Services Agreement with Alta Planning
and Design in the amount of $26,144.
Designer’s scope of work consists of preparation of the trail construction documents including
trail alignment, cross sections and details.
Trail Easement Dedication
The land ownership along the trail alignment varies between the property owned by the City and
private properties. Trail easement or property dedication is needed for sections of trail not
currently on the City’s property or easement.
City staff worked with the private owners on obtaining the rights for the trail. Mr. George M.
Payne, owner of one of the properties along the creek (APN 503-24-049), dedicated the property
to the City in 2013. Mr. and Mrs. Rosenfeld, the owners of the second private property, agreed to
dedicate a 15-foot-wide pedestrian trail easement on their property (APN 503-24-081). The
57
easement dedication documents are attached including the resolution accepting the trail easement
and the Certificate of Acceptance. Trail Easement acceptance is one of the recommended actions
of this report.
Thanks to the property owners who were willing to support this project by providing the land
rights to the City, the trail can be designed as a continuous pathway as shown on the site plan.
FISCAL IMPACTS:
The transfer of $31,000 from the construction phase to the design and environmental phase is not
an increase in appropriation. There is no cost to the City for accepting the trail easement
dedication.
FOLLOW UP ACTION(S):
The Design Contract shall be executed and the Trail Easement Dedication will be recorded.
ATTACHMENTS:
Attachment A. Village Creek Trail Site Plan
Attachment B. Budget Resolution
Attachment C. Design Contract with Alta Planning and Design
Attachment D. Offer to Dedicate Pedestrian Trail Easement
Attachment E. Resolution Accepting Offer to Dedicate Pedestrian Trail Easement
Attachment F. Certificate of Acceptance
58
Parking District
City of Saratoga
Wildwood Park
Saratoga Cree k
Trail section completed
in 2013 (appr. 100 ft)
B i g B as i n W ay
3rd Stre
et
4th Stre
et
B r o o k w o o d L a n e
S a r a t o g a -S u n n y v a l e R o a d
New bridge to
Wildwood Park
(Phase 2)
O a k S t r e et
W i l d w o o d W aySpringer A v e nu e
Phase 1 Trail(appr. 1,000 ft)
Phase 2 Trail(appr. 300 ft)
ú
Creek View area
with benches
503-24-076
503-24
-049
503-24
-081
503-24
-034503-24
-079 503-24
-078
503-24
-038
503-24
-036
503-24
-035
SARATOGA VILLAGE CREEK TRAIL PLANNINGSite Plan
-0 100 200 300 40050
Feet
Legend
City Easements
City Properties
City Parks59
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
TO RE-APPROPRIATE FUNDS FOR THE VILLAGE CREEK TRAIL PROJECT
WHEREAS, the City Council desires the design and construction of the Village Creek Trail;
WHEREAS, the design phase of the project needs to be completed before the construction phase;
WHEREAS, grant funds available for the design phase are insufficient and supplemental CIP funds are needed in
the current FY14/15;
WHEREAS, CIP funds have been budgeted and appropriated for FY 14/15 into the Construction Phase of the
project;
WHEREAS, it is necessary to re-appropriate some funds from the Construction phase to the Design phase for
successful completion of work in FY14/15:
Account Description Account Amount
To decrease expenditure budget and transfer out funds from Construction Phase:
Decrease expenditure Village Creek Trail Construction 422.9277-003.81161 ($ 31,000.00)
Increase transfer out from Village Creek Trail Construction 422.9277-003.49999 $ 31,000.00
To appropriate revenue and Expense for Village Creek Trail Design Phase:
Increase transfer in to Village Creek Trail Design 422.9277-001.49999 $ 31,000.00
Increase expenditure Village Creek Trail Design 422.9277-001.81142 $ 31,000.00
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby approves
the above adjustments to the Fiscal Year 2014/15 CIP Budget.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular
meeting of the Saratoga City Council held on 6th day of May, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: _____________________
Howard A. Miller
City of Saratoga
Attest:
_______________________
Crystal Bothelio,
City Clerk
60
Form Rev. 2.18.2015 Page 1 of 2 Design Services
City of Saratoga
Standard Professional Design Services Contract
This agreement is made at Saratoga, California by and between the City of Saratoga, a municipal
corporation (“City”), and _____________________ (“Consultant”), who agree that:
1. Purpose of Contract.This is a contract for __________________________________
as more specifically described in Exhibit A of this agreement (“Scope of Work”).
2. Term. The term of this agreement commences on (check one): the date last signed
below ________________ (“Effective Date”) and extends through ________________ or the
completion of the project, whichever occurs first. This agreement may be renewed for
successive __ year terms by a letter agreement between the parties provided, however, that the
total term of such renewals may not extend more than six years beyond the Effective Date.
3. Payment. City shall pay Consultant for work product produced pursuant to this
agreement an amount not to exceed the total sum of ____________________________________
dollars ($____________________________) for work to be performed and any authorized
reimbursable costs. This is a (check one): Time and Materials Lump Sum contract. If this
is a Time and Materials Contract, the Consultant’s hourly rates are set forth in the Scope of
Work. Consultant is not authorized to undertake any efforts or incur any costs whatsoever under
the terms of this agreement until receipt of a fully executed Purchase Order from the Finance
Department of the City of Saratoga.
4. Contract Administration. The primary representatives of City and Consultant for
Contract administration are listed below. The City’s primary representative is the Administrator.
City of Saratoga
Primary Representative:
Address:
Telephone:
Fax:
Cell Phone:
E-mail:
5. Insurance. Consultant agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B. Certificates of such insurance and copies of the insurance
policies and endorsements shall be delivered to City within ten (10) days after being notified of
the award of the contract, and before execution of this agreement by the City.
6. General Provisions. City and Consultant agree to and shall abide by the general
provisions set forth in Exhibit C.
Alta Planning and Design
Village Creek Trail Design Project
April 20, 2015 December 31, 2016
twenty six thousand & one hundred & forty-four & 00/100
26,144.00
Iveta Harvancik, Senior Engineer
13777 Fruitvale Avenue
1-408-868-1274
1-408-868-1274
iharvancik@saratoga.ca.us
Alta Planning and Design
Randy Anderson, Principal
711 SE Grand Ave., Portland OR 97214
510-540-5008 (office) / 707-373-5164 (cell)
randyanderson@altaplanning.com
Village Creek Trail Project Design Alta Planning and Design
61
Form Rev. 2.18.2015 Page 2 of 2 Design Services
7. Supplemental Provisions. This agreement includes supplemental provisions described
in connection with each box checked below:
This agreement is funded in whole or in part by an entity other than City. Consultant
shall comply with all rules and regulations required by such funding entity. Applicable
funding entity requirements are set forth in Exhibit D. Nothing in this paragraph or in the
funding entity requirements shall be construed to relieve Consultant of its duty to ensure
that it is in compliance with all applicable laws and regulations.
Exhibit E sets forth provisions regarding ______________________________________.
8. Exhibits. All exhibits referred to in this agreement are attached hereto and are by this
reference incorporated herein and made a part of this agreement.
9. Entire agreement.This agreement supersedes any and all agreements, either oral or
written, between the parties with respect to Consultant's completion of the Scope of Work on
behalf of City and contains all of the covenants and agreements between the parties with respect
to the rendering of such services in any manner whatsoever. No amendment, alteration, or
variation of the terms of this agreement shall be valid unless made in writing and signed by the
parties hereto.
10.Authority to Execute agreement. Each individual executing this agreement represents
that he or she is duly authorized to sign and deliver the agreement on behalf of the party
indicated and that this agreement is binding on such party in accordance with its terms. This
agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Consultant City of Saratoga
James Lindsay, City Manager
Name Title
Date: Date:
Consultant Name/ Contract Description:
ATTEST:
Crystal Bothelio, City Clerk
Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
✔special scope and payment terms and Exhibit C, Section 11
Randy Anderson Principal
Alta Planning and Design / Village Creek Trail Design Proj.
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Form Rev. 2.18.2015 Exhibit A - Page 1 of 3 Design Services
Exhibit A
Scope of Work
Consultant shall complete scope of work for the Village Creek Trail Design, detailed as follows:
In the event of a conflict between the terms of this agreement and this Exhibit or any of the
exhibits referenced in this Exhibit A the terms of the agreement shall govern.
Contractor shall perform only Tasks 1 and 2.1 unless and until the Contractor Administrator
provides written authorization to proceed with one or more of the remaining tasks. Contractor is
not authorized to receive payment in excess of the $11,772 allocated for Tasks 1 and 2.1 unless
additional tasks are authorized.
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Form Rev. 2.18.2015 Exhibit A - Page 2 of 3 Design Services
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Form Rev. 2.18.2015 Exhibit A - Page 3 of 3 Design Services
-End of Exhibit A-
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Form Rev. 2.18.2015 Exhibit B – Page 1 of 4 Design Services
Exhibit B
Insurance
The insurance requirements listed below that have an “X” indicated in the space before the
requirement apply to this agreement together with the general requirements.
Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and
request that they provide certificates of insurance complete with copies of all required
endorsements to: Risk Manager, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070
with a copy to the Primary Representative listed in section 4 on page 1. During the term of this
agreement Consultant shall ensure that its broker(s)/agent(s) provide the Risk Manager and
Primary Representative with updated certificates of insurance reflecting continued satisfaction of
the requirements of this agreement together with updated endorsements in the event of a change
in the underlying insurance policy(ies).
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its
behalf. City has the right to require Consultant’s insurer to provide complete, certified copies of
all required insurance policies. As described in more detail below, the City, its officers, officials,
employees, agents, and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work
commences.
Insurance Requirements
_:__ Commercial General/Business Liability Insurance with coverage at least as broad as
indicated:
_:__ $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and
property damage
___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
_:__ Auto Liability Insurance with coverage as indicated:
_:__ $2,000,000 combined single limit for bodily injury and property damage
___ $500,000 combined single limit for bodily injury and property damage
___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in
the care, custody and control of the consultant, regardless of where the vehicles
are kept or driven.
_:__ Professional/Errors and Omissions Liability (“E&O”) with coverage as indicated:
_:_ $1,000,000 per loss/ $2,000,000 aggregate
___ $5,000,000 per loss/ $5,000,000 aggregate
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Form Rev. 2.18.2015 Exhibit B – Page 2 of 4 Design Services
_:__ Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for
bodily injury or disease.
The Employer's Liability policy shall be endorsed to waive any right of subrogation
against the City, its employees or agents.
All subcontractors used must comply with the above requirements except as noted below:
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
x The City, its officers, officials, employees, agents and volunteers (each an “additional
insured”) are to be covered as insureds with the same coverage and limits available to the
named insured regarding: liability arising out of activities performed by or on behalf of
the Consultant; products and completed operations of the Contractor; premises owned,
occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on the scope of the
protection afforded to the City, its officers, officials, employees, agents or volunteers.
Any available insurance proceeds broader than or in excess of the minimum insurance
coverage requirements and/or limits specified in this agreement shall be available to the
additional insured. The requirements for coverage and limits shall be (1) the minimum
coverage and limits specified in this agreement; or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the named
insured; whichever is greater. The additional insured coverage under Consultant’s policy
shall be ''primary and non-contributory" and will not seek contribution from the City’s
insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. This
requirement does not apply to errors and omissions insurance.
x Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
x The Consultant’s insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the option of the City, either (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials and employees; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses. The
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Form Rev. 2.18.2015 Exhibit B – Page 3 of 4 Design Services
limits of insurance required in this agreement may be satisfied by a combination of primary and
umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to
contain a provision that such coverage shall also apply on a primary and non-contributory basis
for the benefit of City (if agreed to in a written contract or agreement) before the City’s own
insurance or self-insurance shall be called upon to protect it as a named insured.
3. Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to
subrogation which any insurer of Consultant may acquire against City by virtue of the payment
of any loss under such insurance. Consultant agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation, but this provision applies regardless of whether
City has received a waiver of subrogation endorsement from the insurer.
4. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require at any time complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications and
failure to exercise this right shall not constitute a waiver of any of City’s rights pursuant to this
agreement.
5. Maintenance of Coverage. Consultant shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer
to cancel any insurance policy required by this agreement except after providing 30 days prior
notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or
changed by the insurer, Consultant shall immediately provide written notice to the City and
obtain substitute insurance meeting the requirements of this agreement. Nothing in this
paragraph relieves Consultant of its obligation to maintain all insurance required by this
agreement at all times during the term of the agreement.
6. Claims Made Policies. If any of the required policies provide claims-made coverage,
the coverage shall be maintained for a period of five years after completion of the contract.
Consultant may satisfy this requirement by renewal of existing coverage or purchase of either
prior acts or tail coverage applicable to said five-year period.
7. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A: VII.
8. Subcontractors. Consultant agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors
hired by Consultant shall agree to be bound to Consultant and City in the same manner and to the
same extent as Consultant is bound to the City under this agreement. Subcontractors shall further
agree to include these same provisions with any sub-subcontractor. Consultant shall provide
subcontractor with a copy of the indemnity and insurance provisions of this agreement as a part
of Consultant’s subcontract with subcontractor. Consultant shall require all subcontractors to
provide a valid certificate of insurance and the required endorsements included in the agreement
prior to commencement of any work and will provide proof of compliance to the City.
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Form Rev. 2.18.2015 Exhibit B – Page 4 of 4 Design Services
9. Special Risks or Circumstances. City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
-End of Exhibit B-
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Form Rev. 2.18.2015 Exhibit C – Page 1 of 10 Design Services
Exhibit C
General Provisions
1. INDEPENDENT CONTRACTOR. City requires the services of a qualified contractor
to provide the work product described in Exhibit A because it lacks the qualified
personnel to provide the specified work product. Consultant is qualified to provide the
required work product and is agreeable to providing such work product on the terms and
conditions in this agreement.
1.1 In General. At all times during the term of this agreement, Consultant shall be
an independent contractor and shall not be an employee of City. Consultant shall
complete the Scope of Work hereunder in accordance with currently approved
methods and practices in Consultant's field. No relationship of employer and
employee is created by this agreement between the City and Consultant or any
subcontractor or employee of Consultant. City shall have the right to control
Consultant only with respect to specifying the results to be obtained from
Consultant pursuant to this agreement. City shall not have the right to control the
means by which Consultant accomplishes services rendered pursuant to this
agreement. Any terms in this agreement referring to direction from City shall be
construed as providing for direction as to policy and the result of the Consultant’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. Nothing contained in this agreement shall be
construed as limiting the right of Consultant to engage in Consultant's profession
separate and apart from this agreement so long as such activities do not interfere
or conflict with the performance by Consultant of the obligations set forth in this
agreement. Interference or conflict will be determined at the sole discretion of the
City.
1.3 Standard of Care. Consultant shall complete the Scope of Work required
pursuant to this agreement in the manner and according to the standards observed
by a competent practitioner of the profession in which Consultant is engaged in
the geographical area in which Consultant practices its profession. All work
product of whatsoever nature which Consultant delivers to City pursuant to this
agreement shall be prepared in a substantial, first class and workmanlike manner
and conform to the standards of quality normally observed by a person practicing
in Consultant’s profession.
1.4 Qualifications. Consultant represents and warrants to City that the Consultant is
qualified to perform the services as contemplated by this agreement and that all
work performed under this agreement shall be performed only by personnel under
the supervision of the Consultant as an employee or, if authorized by the Scope of
Work, a subcontractor. All personnel engaged in the work shall be fully qualified
and shall be authorized, licensed and certified under state and local law to perform
such work if authorization, licensing or certification is required. The Consultant
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shall commit adequate resources and time to complete the project within the
project schedule specified in this agreement.
1.5 Professional Seal. Where applicable in the determination of the Administrator,
the first page of a technical report, first page of design specifications, and each
page of construction drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The stamp/seal shall be
in a block entitled "Seal and Signature of Registered Professional with
report/design responsibility" as per the sample below.
______________________________
Seal and Signature of Registered Professional
with report/design responsibility.
1.6 Use of City Equipment. City shall not be responsible for any damage to persons
or property as a result of the use, misuse or failure of any equipment used by
Consultant, or by any of its employees, even though such equipment be furnished,
rented or loaned to Consultant by City.
1.7 Payment of Taxes and Other Expenses. Should City, in its discretion, or a
relevant taxing authority, including, but not limited to the Internal Revenue
Service or the State Employment Development Division, determine that the
Consultant is an employee for purposes of collection of any employment taxes,
the amounts payable under this agreement shall be reduced by amounts equal to
both the employee and employer portions of the tax due (and offsetting any
credits for amounts already paid by the Consultant which can be applied against
this liability). City shall then forward those amounts to the relevant taxing
authority. Should a relevant taxing authority determine a liability for past
services performed by the Consultant for City, upon notification of such fact by
the City, the Consultant shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Consultant
under this agreement (again, offsetting any amounts already paid by the
Consultant which can be applied as a credit against such liability). Any
determination of employment status above shall be solely for the purposes of the
particular tax in question, and for all other purposes of this agreement, The
Consultant shall not be considered an employee of City. Notwithstanding the
foregoing, should any court, arbitrator, or administrative authority determine that
the Consultant is an employee for any other purpose, then the Consultant agrees to
a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator,
or administrative authority determined that the Consultant was not an employee.
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2. COMMUNICATION AND NOTICES. The Administrator designated in section 4 on
page 1 of this agreement is authorized to receive information, interpret and define City's
policies consistent with this agreement, and communicate with Consultant concerning
this agreement. All correspondence and other communications shall be directed to or
through the Administrator or the Administrator’s designee.
2.1 In General. All notices or communication concerning a party's compliance with
the terms of this agreement shall be in writing and may be given either personally,
by certified mail, return receipt requested, or by overnight express carrier. The
notice shall be deemed to have been given and received on the date delivered in
person or the date upon which the postal authority or overnight express carrier
indicates that the mailing was delivered to the address of the receiving party. The
parties shall make good faith efforts to provide advance courtesy notice of any
notices or communications hereunder via e-mail. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set forth
above; nor shall lack of such courtesy notice affect the validity of service pursuant
to the notice requirement set forth above.
2.2 Addresses for Notice. Notices or communications shall be given to the parties at
the addresses set forth in section 4 (“Contract Administration”) unless otherwise
designated in a written notice to the other party. In addition, notices to City shall
be copied to:
James Lindsay
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Crystal Bothelio
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
2.3 Change of Address. Any party hereto, by giving ten (10) days written notice to
the other, may designate any other address as substitution of the address to which
the notice or communication shall be given.
3. PAYMENT. The payments specified in this paragraph shall be the only payments to be
made to Consultant in connection with Consultant’s completion of the Scope of Work
pursuant to this agreement. Reimbursable expenses shall be billed only at their actual
cost. Consultant shall submit all billings to City and City shall pay such billings in the
manner specified in this paragraph. Payment shall be made payable to Consultant and
delivered to the address specified in section 4 on page 1 of this agreement. The making
of any payment by City, or the receipt thereof by the Consultant, shall in no way lessen
the liability of the Consultant to correct or revise unsatisfactory work, even though the
unsatisfactory character of such work may not have been apparent or detected at the time
such payment was made. City may withhold payment to Consultant in any instance in
which the Consultant has failed or refused to satisfy any material obligation provided for
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in this agreement. In no event shall City be liable for interest or late charges for any late
payments.
3.1 Time and Materials. If this contract is designated as a Time and Materials
contract on page 1, invoicing and payment shall be as follows:
(a)Consultant shall submit invoices, not more often than once a month during
the term of this agreement, based on the cost for work performed in
accordance with the Rate Schedule in the Scope of Work and authorized
reimbursable expenses incurred prior to the invoice date. Invoices shall
contain the following information:
(i)Serial identifications of bills, i.e., Bill No. 1;
(ii)The beginning and ending dates of the billing period;
(iii)A summary containing the total contract amount, the amount of
prior billings, the total due this period, percentage of work
completed, the remaining balance available for all remaining
billing periods, and a brief description of work completed during
the billing period.
(b)City shall make monthly payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, and for
authorized reimbursable expenses incurred.
3.2 Lump Sum. If this contract is designated as a Lump Sum contract on page 1
following completion of the work Consultant shall submit a single invoice
containing the beginning and ending dates of the billing period and the total
contract amount. City shall make a single payment, based on such invoice, for
satisfactory completion of the Scope of Work.
4. CONTRACTOR NOT AGENT.Except as City may specify in writing, Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant
to this agreement to bind City to any obligation whatsoever.
5. BENEFITS AND TAXES. Consultant shall not have any claim under this agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time
off, overtime, health insurance, medical care, hospital care, insurance benefits, social
security, disability, unemployment, workers compensation or employee benefits of any
kind. Consultant shall be solely liable for and obligated to pay directly all applicable
taxes, including, but not limited to, federal and state income taxes, and in connection
therewith Consultant shall indemnify and hold City harmless from any and all liability
that City may incur because of Consultant's failure to pay such taxes. City shall have no
obligation whatsoever to pay or withhold any taxes on behalf of Consultant.
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6. ASSIGNMENT PROHIBITED. The services to be performed by the Consultant are
personal in character and no party to this agreement may assign any right or obligation
under this agreement. Any attempted or purported assignment of any right or obligation
under this agreement shall be void and of no effect. However, with the consent of the
City given in writing, Consultant is entitled to subcontract such portions of the work to be
performed under this agreement as may be specified by City.
7. PERSONNEL. Consultant shall assign only competent personnel to complete the Scope
of Work pursuant to this agreement. In the event that City, in its sole discretion, at any
time during the term of this agreement, desires the removal of any such persons,
Consultant shall, immediately upon receiving notice from city of such desire of City,
cause the removal of such person or persons from work in connection with the Scope of
Work.
8. CONFLICT OF INTEREST.
8.1 In General. Consultant understands that its professional responsibility is solely
to City. Consultant represents and warrants that it presently has no interest, and
will not acquire any direct or indirect interest, that would conflict with its
performance of this agreement. Consultant shall not employ or subcontract with a
person having such an interest in the performance of this agreement.
8.2 Subsequent Conflict of Interest. Consultant agrees that if an actual or potential
conflict of interest on the part of Consultant is discovered after award, the
Consultant will make a full disclosure in writing to the City. This disclosure shall
include a description of actions, which the Consultant has taken or proposes to
take, after consultation with the City to avoid, mitigate, or neutralize the actual or
potential conflict. Within 45 days, the Consultant shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City.
8.3 Interests of City Officers and Staff. No officer, member or employee of City
and no member of the City Council shall have any pecuniary interest, direct or
indirect, in this agreement or the proceeds thereof. Neither Consultant nor any
member of any Consultant’s family shall serve on any City board or committee or
hold any such position which either by rule, practice or action nominates,
recommends, or supervises Consultant's performance of the Scope of Work or
authorizes funding to Consultant.
9. COMPLIANCE WITH LAWS
9.1 In General. Consultant shall keep itself fully informed of and comply with all
laws, policies, general rules and regulations established by City and shall comply
with the common law and all laws, ordinances, codes and regulations of
governmental agencies, (including federal, state, municipal and local governing
bodies) applicable to the performance of the Scope of Work hereunder.
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9.2 Licenses and Permits. Consultant represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are
legally required for Consultant to practice its profession. Consultant represents
and warrants to City that Consultant shall, at its sole cost and expense, keep in
effect at all times during the term of this agreement any licenses, permits, and
approvals which are legally required for Consultant to practice its profession. In
addition to the foregoing, Consultant shall obtain and maintain during the term
hereof a valid City of Saratoga Business License.
10. WORK PRODUCT AND RECORDS
10.1 Property of City. All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by
Consultant pursuant to this agreement shall become the property of City upon
completion of the work to be performed hereunder or upon termination of this
agreement. Without limiting the generality of the foregoing, if, in connection
with services performed under this agreement, the Consultant or its subcontractors
create artwork, copy, posters, billboards, photographs, videotapes, audiotapes,
systems designs, software, reports, diagrams, surveys, source codes or any other
original works of authorship, such works of authorship shall be works for hire as
defined under Title 17 of the United States Code, and all copyrights in such works
are the property of City. If it is ever determined that any works created by the
Consultant or its subcontractors under this agreement are not works for hire under
U.S. law, the Consultant hereby assigns all copyrights to such works to City,
grants City a royalty-free, exclusive, and irrevocable license to reproduce,
publish, use, and to authorize others to do so, all such works and agrees to provide
any material and execute any documents necessary to effectuate such assignment
and license. The Consultant may retain and use copies of such works for
reference and as documentation of its experience and capabilities.
10.2 Intellectual Property. Consultant represents and warrants that it has the legal
right to utilize all intellectual property it will utilize in the performance of this
agreement. Consultant further represents that it shall ensure City has the legal
right to utilize all intellectual property involved in and/or resulting from
Consultant’s performance of this agreement. Consultant shall indemnify and hold
City harmless from all loss and liability, including attorneys’ fees, court costs and
all other litigation expenses for any infringement of the patent rights, copyright,
trade secret or any other proprietary right or trademark, and all other intellectual
property claims of any person or persons in consequence of the use by City, or
any of its officers or agents, of articles or services to be supplied in the
performance of this agreement.
10.3 Retention of Records. Until the expiration of five years after the furnishing of
any services pursuant to this agreement, Consultant shall retain and make
available to the City or any party designated by the City, upon written request by
City, this agreement, and such books, documents and records of Consultant (and
any books, documents, and records of any subcontractor(s)) that are necessary or
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convenient for audit purposes to certify the nature and extent of the reasonable
cost of services to City.
10.4 Use of Recycled Paper and Electronic Documents. Consultant shall prepare
and submit all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin paper.
Documents shall be printed on both sides of the page and City shall be provided
with electronic copies of documents (in Word or .pdf format) except where
unusual circumstances make it infeasible to do so.
11. CONFIDENTIAL INFORMATION. Consultant shall hold any confidential
information received from City in the course of performing this agreement in trust and
confidence and will not reveal such confidential information to any person or entity,
either during the term of the agreement or at any time thereafter. Upon expiration of this
agreement, or termination as provided herein, Consultant shall return materials which
contain any confidential information to City. Consultant may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is defined as all
information disclosed to Consultant which relates to City's past, present, and future
activities, as well as activities under this agreement, which information is not otherwise
of public record under California law.
12. RESPONSIBILITY OF CONTRACTOR. Consultant shall take all responsibility for
the work, shall bear all losses and damages directly or indirectly resulting to Consultant,
to any subcontractor, to the City, to City officers and employees, or to parties designated
by the City, on account of the performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes to the extent predicated on active or
passive negligence of the Consultant or of any subcontractor.
13. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall
immediately defend, indemnify, and hold harmless City, its Council members,
employees, agents and officials, from any liability, claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs (including, without limitation, costs and fees of alternative dispute resolution and
litigation) of any kind whatsoever without restriction or limitation, incurred arising out
of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of
Consultant or its employees, agents, or subcontractors. All obligations under this
provision are to be paid by Consultant as they are incurred by the City. Consultant’s
obligation to indemnify applies unless it is finally adjudicated that the liability was
caused by the sole active negligence or sole willful misconduct of an indemnified party.
If it is finally adjudicated that liability is caused by the comparative active negligence or
willful misconduct of an indemnified party, then Consultant’s indemnification obligation
shall be reduced in proportion to the established comparative liability.
13.1 Scope of Consultant Obligation. The obligations of Consultant under this or
any other provision of this agreement will not be limited by the provisions of any
workers' compensation act or similar act. Consultant expressly waives its statutory
immunity under such statutes or laws as to City, its employees and officials.
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13.2 Subcontractors. Consultant agrees to obtain executed indemnity agreements
with provisions identical to those set forth in this section from each and every
subcontractor, sub tier contractor or any other person or entity involved by, for,
with or on behalf of Consultant in the performance or subject matter of this
agreement. In the event Consultant fails to obtain such indemnity obligations
from others as required here, Consultant agrees to be fully responsible according
to the terms of this section.
13.3 Duty to Defend. In addition to Consultant’s obligation to indemnify, Consultant
shall defend, in all legal, equitable, administrative, or special proceedings, with
counsel approved by the City, the City, its Council members, employees, agents
and officials, immediately upon tender to Consultant of the claim in any form or
at any stage of an action or proceeding, whether or not liability is established. An
allegation or determination that persons other than Consultant are responsible for
the claim does not relieve Consultant from its separate and distinct obligation to
defend. The obligation to defend extends through final judgment, including
exhaustion of any appeals. The defense obligation includes an obligation to
provide independent defense counsel if Consultant asserts that liability is caused
in whole or in part by the negligence or willful misconduct of the indemnified
party. If it is finally adjudicated that liability was caused by the comparative
active negligence or willful misconduct of an indemnified party, Consultant may
submit a claim to the City for reimbursement of reasonable attorneys’ fees and
defense costs in proportion to the established comparative liability of the
indemnified party.
13.4 In General. Failure of City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of
any rights hereunder. This obligation to indemnify and defend City as set forth
herein is binding on the successors, assigns, or heirs of Consultant and shall
survive the termination of this agreement or this section. This section 13 shall in
no event be construed to require indemnification by Contractor to a greater extent
than permitted under the public policy of the State of California. For purposes of
Section 2782 of the Civil Code the parties hereto recognize and agree that this
agreement is not a construction contract. By execution of this agreement,
Consultant acknowledges and agrees that it has read and understands the
provisions hereof and that this paragraph is a material element of consideration.
City approval of insurance required by this agreement does not relieve the
Consultant or subcontractors from liability under this paragraph.
14. DEFAULT AND REMEDIES.
14.1 Events of default. Each of the following shall constitute an event of default
hereunder:
(a)Failure by Consultant to perform any obligation under this agreement and
failure to cure such breach immediately upon receiving notice of such
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breach, if the breach is such that the City determines the health, welfare, or
safety of the public is immediately endangered; or
(b)Failure by either party to perform any obligation under this agreement and
failure to cure such breach within fifteen (15) days of receiving notice of
such breach (except for breaches subject to subparagraph (a), above);
provided that if the nature of the breach is such that the non-breaching
party determines it will reasonably require more than fifteen (15) days to
cure, the breaching party shall not be in default if it promptly commences
the cure and diligently proceeds to completion of the cure.
14.2 Remedies upon default. Upon any default, the non-defaulting party shall have
the right to immediately suspend or terminate this agreement, seek specific
performance and/or seek damages to the full extent allowed by law. City shall
have the right to contract with another party to perform this agreement.
14.3 No Waiver. Failure by City to seek any remedy for any default hereunder shall
not constitute a waiver of any other rights hereunder or any right to seek any
remedy for any subsequent default.
15. TERMINATION.Either party may terminate this agreement with or without cause by
providing 10 days notice in writing to the other party. The City may terminate this
agreement at any time without prior notice in the event that Consultant commits a
material breach of the terms of this agreement. Upon termination, this agreement shall
become of no further force or affect whatsoever and each of the parties hereto shall be
relieved and discharged from the rights and obligations of this agreement, subject to
payment for acceptable services rendered prior to the expiration of the notice of
termination and delivery to City of any work in progress, completed work, supplies,
equipment, and other materials produced as a part of, or acquired in connection with the
performance of this agreement, and any completed or partially completed work which, if
this agreement had been completed, would have been required to be furnished to City.
Notwithstanding the foregoing and section 2 on page 1, this section and the provisions of
this agreement concerning insurance (Exhibit B), Funding Agency Requirements (as set
forth in Exhibit D if applicable), Work Product and Records, Confidential Information,
Responsibility of Consultant, Indemnification, Default and Remedies, Litigation, and
Jurisdiction and Severability shall survive termination or expiration of this agreement.
16. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any
dispute or claim arising under this agreement. If the parties fail to resolve such disputes
or claims, they shall submit them to non-binding mediation in California at shared
expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a
satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In
the event any dispute resolution processes are involved, each party shall bear its own
costs and attorneys fees.
Village Creek Trail Project Design Alta Planning and Design
78
Form Rev. 2.18.2015 Exhibit C – Page 10 of 10 Design Services
17. LITIGATION. If any litigation is commenced between parties to this agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys’ fees and costs.
18. JURISDICTION AND SEVERABILITY. This agreement shall be administered and
interpreted under the laws of the State of California. Jurisdiction of litigation arising from
this agreement shall be in that state and venue shall be in Santa Clara County, California.
If any part of this agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the remainder of this
agreement shall be in full force and effect.
19. NOTICE OF NON-RENEWAL. Consultant understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Consultant under this agreement be supplemented or continued by
Consultant under a new agreement following expiration or termination of this agreement.
Consultant waives all rights or claims to notice or hearing respecting any failure by City
to continue to request or retain all or any portion of the work product from Consultant
following the expiration or termination of this agreement.
20. PARTIES IN INTEREST. This agreement is entered only for the benefit of the parties
executing this agreement and not for the benefit of any other individual, entity or person.
21. WAIVER. Neither the acceptance of work or payment for work pursuant to this
agreement shall constitute a waiver of any rights or obligations arising under this
agreement. The failure by the City to enforce any of Consultant’s obligations or to
exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter.
-End of Exhibit C-
Village Creek Trail Project Design Alta Planning and Design
79
Form Rev.2.18.2015 Exhibit E – Page 1 of 1 Design Services
Exhibit E
Special Conditions
1) Contractor shall perform only Tasks 1 and 2.1, as described in Exhibit A, unless and until
the Contractor Administrator provides written authorization to proceed with one or more
of the remaining tasks. Contractor is not authorized to receive payment in excess of the
$11,772 allocated for Tasks 1 and 2.1, as described in Exhibit A, unless additional tasks
are authorized.
2) Exhibit C, Section 11 is replaced in its entirety with the following:
11. CONFIDENTIAL INFORMATION. Consultant shall hold any confidential
information received from City in the course of performing this agreement in trust and
confidence and will not reveal such confidential information to any person or entity,
either during the term of the agreement or at any time thereafter. Upon expiration of this
agreement, or termination as provided herein, Consultant shall return materials which
contain any confidential information to City. Consultant may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is defined as all
information disclosed to Consultant that has been declared or can be reasonably assumed
to be confidential which relates to City's past, present, and future activities, as well as
activities under this agreement, which information is not otherwise of public record under
California law.
-End of Exhibit E -
Village Creek Trail Project Design Alta Planning and Design
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RECORDING REQUESTED BY:
City of Saratoga
WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ACCEPTING OFFER TO DEDICATE PEDESTRIAN TRAIL EASEMENT
APN 503-24-081
WHEREAS, the City of Saratoga (“City”) General Plan shows a future proposed
public pedestrian trail along Saratoga Creek behind Big Basin Way located partially on
private properties; and
WHEREAS, Mr. James Rosenfeld and Mrs. Arlene Rosenfeld (“Owners”) own
APN 503-24-081, one of the properties on which the future proposed public pedestrian
trail is planned to be located, have agreed to dedicate a pedestrian trail easement on this
property to the City of Saratoga; and
WHEREAS, the Offer to Dedicate Pedestrian Trail Easement (“Offer”) by
Owners to City of the property located at Big Basin Way, and known as Santa Clara
County APN 503-24-081 has been prepared and executed in acceptable form and content;
and
WHEREAS, the City Council has determined that the acceptance of the Offer
would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE
CITY OF SARATOGA hereby:
1. Accepts that certain Offer to Dedicate Pedestrian Trail Easement executed by
James Rosenfeld and Arlene Rosenfeld on the 30th day of June 2014 as described
hereinabove and attached hereto; and
2. Authorizes and directs the City Manager to execute the attached Certificate of
Acceptance and the City Clerk to record the Offer to Dedicate Pedestrian Trail
Easement and this Resolution Accepting the Offer.
89
Passed and adopted on the 6th day of May, 2015 by the CITY COUNCIL OF
THE CITY OF SARATOGA by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Howard A. Miller, Mayor
City of Saratoga
Attest:
_______________________
Crystal Bothelio, City Clerk
90
CERTIFICATE OF ACCEPTANCE
(Pursuant to Cal. Gov’t Code § 27281)
This is to certify that the interest in real property conveyed by the OFFER TO
DEDICATE PEDESTRIAN TRAIL EASEMENT dated June 30, 2014 (attached hereto
as Exhibit A) from JAMES ROSENFELD and ARLENE ROSENFELD to the CITY OF
SARATOGA, a Municipal Corporation, is hereby accepted by the undersigned officer on
behalf of the City Council of the City of Saratoga, pursuant to authority conferred by
Resolution No. ________ of the City Council, adopted on May 6, 2015, and grantee
consents to recordation thereof by its duly authorized officer .
Dated: ___________________________
By _________________________________
James Lindsay, City Manager
CITY OF SARATOGA
Encl. Exhibit A – [OFFER TO DEDICATE PEDESTRIAN TRAIL EASEMENT]
91
SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio
SUBJECT: Resolution of Support for Senate Bill 16
RECOMMENDED ACTION:
Adopt resolution of support for Senate Bill 16.
BACKGROUND:
In December 2014, State Senator Jim Beall introduced Senate Bill (SB) 16 to provide additional
funding for State and local roadways. If SB 16 is signed into law, it would: increase motor
vehicle fuel (gasoline) taxes by $0.10 per gallon; increase the diesel fuel excise tax by $0.12 per
gallon; increase the annual vehicle registration fee by $35; and create a new vehicle registration
fee of $100 for zero-emission vehicles. SB 16 is expected to ge
annually.
Money generated from these increases would be deposited into a new Road Maintenance and
Rehabilitation Program, which would be required to be authorized every 5 years. The funding in
the Road Maintenance and Rehabilitation Program
transportation debt and for maintenance of State and local highways and streets. Roughly 48
percent of the funds would be distributed among California counties and cities based on a
specified formula. Preliminary estimates
Saratoga could receive $649,004 to $834,433 per year if SB 16 is approved. If the Road
Maintenance and Rehabilitation Program is not authorized, the funds generated from increased
gasoline and diesel taxes and changes to vehicle registration fees would be deposited in the State
Highway Account to be used for maintaining the State highway system or for highway
operations and protection.
ATTACHMENTS:
Attachment A - Resolution of Support for
Attachment B - SB 16 Text
SARATOGA CITY COUNCIL
City Manager’s Office
Crystal Bothelio, City Clerk
Resolution of Support for Senate Bill 16
Adopt resolution of support for Senate Bill 16.
In December 2014, State Senator Jim Beall introduced Senate Bill (SB) 16 to provide additional
funding for State and local roadways. If SB 16 is signed into law, it would: increase motor
(gasoline) taxes by $0.10 per gallon; increase the diesel fuel excise tax by $0.12 per
gallon; increase the annual vehicle registration fee by $35; and create a new vehicle registration
emission vehicles. SB 16 is expected to generate $2.8 to $3.6 billion
Money generated from these increases would be deposited into a new Road Maintenance and
, which would be required to be authorized every 5 years. The funding in
tation Program would be used to pay down State
transportation debt and for maintenance of State and local highways and streets. Roughly 48
percent of the funds would be distributed among California counties and cities based on a
ary estimates from the League of California Cities suggest that
Saratoga could receive $649,004 to $834,433 per year if SB 16 is approved. If the Road
Maintenance and Rehabilitation Program is not authorized, the funds generated from increased
diesel taxes and changes to vehicle registration fees would be deposited in the State
Highway Account to be used for maintaining the State highway system or for highway
Resolution of Support for SB 16
In December 2014, State Senator Jim Beall introduced Senate Bill (SB) 16 to provide additional
funding for State and local roadways. If SB 16 is signed into law, it would: increase motor
(gasoline) taxes by $0.10 per gallon; increase the diesel fuel excise tax by $0.12 per
gallon; increase the annual vehicle registration fee by $35; and create a new vehicle registration
nerate $2.8 to $3.6 billion
Money generated from these increases would be deposited into a new Road Maintenance and
, which would be required to be authorized every 5 years. The funding in
transportation debt and for maintenance of State and local highways and streets. Roughly 48
percent of the funds would be distributed among California counties and cities based on a
suggest that
Maintenance and Rehabilitation Program is not authorized, the funds generated from increased
diesel taxes and changes to vehicle registration fees would be deposited in the State
92
RESOLUTION NO. 15-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
IN SUPPORT OF SENATE BILL 16 (BEALL)
WHEREAS, many California cities and counties are struggling to maintain roadways
and as street conditions deteriorate repair costs increase exponentially; and
WHEREAS, Senate Bill (SB) 16 authored by State Senator Jim Beall proposes to
provide a reliable funding source for maintenance of State and local roads; and
WHEREAS, SB 16 would increase motor vehicle fuel taxes by $0.10 per gallon, diesel
fuel excise taxes by $0.12 per gallon, vehicle registration fees by $35, and create a new vehicle
registration fee of $100 for zero-emission vehicles; and
WHEREAS, the increases in fuel taxes and vehicle registration fees is expected to raise
$2.8 to $3.6 billion annually; and
WHEREAS, this funding would be applied toward a new Road Maintenance and
Rehabilitation Program and be distributed among the State and local governments; and
WHEREAS, just under half of the funding would be distributed to counties and cities in
California by formula; and
WHEREAS, if SB 16 is adopted, Saratoga is estimated to receive $649,004 to $834,433
per year.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby support SB 16 and urges the California State Legislature and the Governor of California
to sign this bill into law.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 6th day of May 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Howard A. Miller, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
93
AMENDED IN SENATE APRIL 15, 2015
AMENDED IN SENATE MARCH 26, 2015
AMENDED IN SENATE MARCH 2, 2015
SENATE BILL No. 16
Introduced by Senator Beall
December 1, 2014
An act to add Section 14526.7 to the Government Code, relating to
transportation. An act to add Sections 14526.7, 14526.8, and 16321 to
the Government Code, to amend Sections 7360, 10752, and 60050 of
the Revenue and Taxation Code, to add Section 2103.1 to, and to add
Chapter 2 (commencing with Section 2030) to Division 3 of, the Streets
and Highways Code, and to add Sections 9250.3, 9250.6, and 9400.5
to the Vehicle Code, relating to transportation, making an appropriation
therefor, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
SB 16, as amended, Beall. Department of Transportation: budgetary
cost-savings plan: state highway operation and protection program.
Transportation funding.
(1) Existing law provides various of sources of funding for
transportation purposes, including funding for the state highway system
and the local street and road system. These funding sources include,
among others, fuel excise taxes, commercial vehicle weight fees, local
transactions and use taxes, and federal funds. Existing law imposes
certain registration fees on vehicles, with revenues from these fees
deposited in the Motor Vehicle Account and used to fund the Department
of Motor Vehicles and the Department of the California Highway Patrol.
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Existing law provides for the monthly transfer of excess balances in the
Motor Vehicle Account to the State Highway Account.
This bill would create the Road Maintenance and Rehabilitation
Program to address deferred maintenance on the state highway system
and the local street and road system. The bill would provide for the
program to be authorized every 5 years by the Legislature, and would
provide that authorization for the 2015–16 through 2019–20 fiscal
years. The bill would require the California Transportation Commission
to identify the estimated funds to be available for the program and adopt
performance criteria to ensure efficient use of the funds. The bill would
provide for the deposit of various funds for the program in the Road
Maintenance and Rehabilitation Account, which the bill would create
in the State Transportation Fund, including revenues from a $0.10 per
gallon increase in the motor vehicle fuel (gasoline) tax imposed by the
bill and $0.10 of the $0.12 per gallon increase in the diesel fuel excise
tax imposed by the bill, an increase of $35 in the annual vehicle
registration fee, a new $100 annual vehicle registration fee applicable
to zero-emission motor vehicles, as defined, commercial vehicle weight
fees redirected over a 5-year period from debt service on general
obligation transportation bonds, and repayment, over a 3-year period,
of outstanding loans made in previous years from certain transportation
funds to the General Fund.
The bill would continuously appropriate the funds in the account for
road maintenance and rehabilitation purposes for each 5-year period
in which the Legislature has authorized the program, and would, for
those fiscal years, allocate 5% of available funds to counties that
approve a transactions and use tax on or after July 1, 2015, with the
remaining funds to be allocated 50% for maintenance of the state
highway system or to the state highway operation and protection
program, and 50% to cities and counties pursuant to a specified formula.
The bill would impose various requirements on agencies receiving these
funds.
This bill, in fiscal years in which the Road Maintenance and
Rehabilitation Program is not reauthorized by the Legislature, would
make inoperative the increases in the gasoline and diesel excise tax
rates and the $35 increase in the vehicle registration fee imposed by
the bill. The bill, in those fiscal years, would also provide for the deposit
of revenues from the $100 vehicle registration fee applicable to
zero-emission vehicles, and weight fee revenues, in the State Highway
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95
Account, to be used for purposes of maintaining the state highway
system or the state highway operation and protection program.
(2) The Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors
Improvement Fund and provided for allocation by the California
Transportation Commission of $2 billion in bond funds for infrastructure
improvements on highway and rail corridors that have a high volume
of freight movement, and specified categories of projects eligible to
receive these funds. Existing law continues the Trade Corridors
Improvement Fund in existence in order to receive revenues from
sources other than the bond act for these purposes.
The bill would transfer revenues from $0.02 of the $0.12 increase in
the diesel fuel excise tax to the Trade Corridors Investment Fund for
expenditure on eligible projects. As with the remainder of the gasoline
and diesel fuel tax increases imposed by this bill, this portion of the
diesel fuel excise tax increase would be inoperative in fiscal years in
which the Road Maintenance and Rehabilitation Program in (1) is not
reauthorized.
(3) Existing law imposes a vehicle license fee, in lieu of property tax,
on motor vehicles based on market value, at a rate of 0.65%. Pursuant
to Article XI of the California Constitution, vehicle license fee revenues
at the 0.65% rate are required to be allocated to cities and counties.
This bill would incrementally increase the vehicle license fee to a
rate of 1%, over a 5-year period beginning July 1, 2015, with the
revenues above the 0.65% rate to be deposited in the General Fund
and used for transportation general obligation bond debt service.
(4) Existing law requires the Department of Transportation to prepare
a state highway operation and protection program every other year for
the expenditure of transportation capital improvement funds for projects
that are necessary to preserve and protect the state highway system,
excluding projects that add new traffic lanes. The program is required
to be based on an asset management plan, as specified. Existing law
requires the department to specify, for each project in the program, the
capital and support budget and projected delivery date for various
components of the project. Existing law provides for the California
Transportation commission to review and adopt the program, and
authorizes the commission to decline and adopt the program if it
determines that the program is not sufficiently consistent with the asset
management plan.
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SB 16— 3 —
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This bill, on and after February 1, 2017, would require the
commission to make an allocation of all capital and support costs for
each project in the program, and would require the department to submit
a supplemental project allocation request to the commission for each
project that experiences cost increases above the amounts in its
allocation. the bill would require the commission to establish guidelines
to provide exceptions to the requirement for a supplemental project
allocation requirement that the commission determines are necessary
to ensure that projects are not unnecessarily delayed.
(5) Existing law requires the Department of Transportation to prepare
and submit to the Governor a proposed budget and to develop budgeting,
accounting, fiscal control, and management information systems to
provide budget oversight.
This bill, by April 1, 2016, would require the department to present
to the California Transportation commission a plan to increase
department efficiency by up to 30% over the subsequent 3 years, with
the ongoing savings to result in increased capital expenditures in the
state highway operation and protection program or an increase in the
state highway maintenance program.
(6) This bill would declare that it is to take effect immediately as an
urgency statute.
(1) Under existing law, the Department of Transportation is
responsible for the planning, design, construction, maintenance, and
operation of the state highway system. Existing law requires the
department to prepare and submit to the Governor a proposed budget
and to develop budgeting, accounting, fiscal control, and management
information systems to provide budget oversight.
Existing law authorizes the California Transportation Commission
to prepare an independent evaluation of the department’s budget
regarding the adequacy of funding levels and the relative needs of
program categories and to submit its recommendations to the Legislature
by April 1 of each year.
This bill would require the Department of Transportation, by April
1, 2016, and as part of its budget for the 2016–17 fiscal year, to prepare
a plan to identify up to $200,000,000 annually in cost savings from its
budget, and to submit the plan to the appropriate policy committees of
the Senate and the Assembly.
(2) Existing law requires the Department of Transportation to prepare
a state highway operation and protection program every other year for
the expenditure of transportation capital improvement funds for projects
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97
that are necessary to preserve and protect the state highway system,
excluding projects that add new traffic lanes. The program is required
to be based on an asset management plan, as specified. Existing law
requires the department to specify, for each project in the program, the
capital and support budget and projected delivery date for various
components of the project. Existing law provides for the California
Transportation Commission to review and adopt the program, and
authorizes the commission to decline to adopt the program if it
determines that the program is not sufficiently consistent with the asset
management plan.
This bill, on and after February 1, 2016, would require the commission
to make an allocation of all capital and support costs for each project
in the program, and would require the department to submit a
supplemental project allocation request to the commission for each
project that experiences cost increases above the amounts in its
allocation. The bill would require the commission to establish guidelines
to provide exceptions to the requirement for a supplemental project
allocation requirement that the commission determines are necessary
to ensure that projects are not unnecessarily delayed.
Vote: majority 2⁄3. Appropriation: no yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the
line 2 following:
line 3 (a) Over the next ten years, the state faces a $59 billion shortfall
line 4 to adequately maintain the existing state highway system, in order
line 5 to keep it in a basic state of good repair.
line 6 (b) Similarly, cities and counties face a $78 billion shortfall
line 7 over the next decade to adequately maintain the existing network
line 8 of local streets and roads.
line 9 (c) Statewide taxes and fees dedicated to the maintenance of
line 10 the system have not been increased in more than 20 years, with
line 11 those revenues losing more than 55 percent of their purchasing
line 12 power, while costs to maintain the system have steadily increased
line 13 and much of the underlying infrastructure has aged past its
line 14 expected useful life.
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line 1 (d) California motorists are spending $17 billion annually in
line 2 extra maintenance and car repair bills, which is more than $700
line 3 per driver, due to the state’s poorly maintained roads.
line 4 (e) Failing to act now to address this growing problem means
line 5 that more drastic measures will be required to maintain our system
line 6 in the future, essentially passing the burden on to future
line 7 generations instead of doing our job today.
line 8 (f) A five-year funding program will help address a portion of
line 9 the maintenance backlog on the state’s road system and will stop
line 10 the growth of the problem until a longer-term solution can be
line 11 created.
line 12 (g) Modestly increasing various fees can spread the cost of road
line 13 repairs broadly to all users and beneficiaries of the road network
line 14 without over-burdening any one group.
line 15 (h) Improving the condition of the state’s road system will have
line 16 a positive impact on the economy as it lowers the transportation
line 17 costs of doing business, reduces congestion impacts for employees,
line 18 and protects property values in the state.
line 19 (i) The federal government estimates that increased spending
line 20 on infrastructure creates more than 13,000 jobs per $1 billion
line 21 spent.
line 22 (j) Well-maintained roads benefit all users, not just drivers, as
line 23 roads are used for all modes of transport, whether motor vehicles,
line 24 transit, bicycles, or pedestrians.
line 25 (k) Well-maintained roads additionally provide significant health
line 26 benefits and prevent injuries and death due to crashes caused by
line 27 poorly-maintained infrastructure.
line 28 SECTION 1.
line 29 SEC. 2. Section 14526.7 is added to the Government Code, to
line 30 read:
line 31 14526.7. (a) On and after February 1, 2016, 2017, an allocation
line 32 by the commission of all capital and support costs for each project
line 33 in the state highway operation and protection program shall be
line 34 required.
line 35 (b) For a project that experiences increases in capital or support
line 36 costs above the amounts in the commission’s allocation pursuant
line 37 to subdivision (a), a supplemental project allocation request shall
line 38 be submitted by the department to the commission for approval.
line 39 (c) The commission shall establish guidelines to provide
line 40 exceptions to the requirement of subdivision (b) that the
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99
line 1 commission determines are necessary to ensure that projects are
line 2 not unnecessarily delayed.
line 3 SEC. 2. The Department of Transportation shall, by April 1,
line 4 2016, and as part of its budget for the 2016–17 fiscal year, prepare
line 5 a plan to identify up to two hundred million dollars ($200,000,000)
line 6 annually in cost savings from its budget, and shall submit the plan
line 7 to the appropriate policy committees of the Senate and the
line 8 Assembly.
line 9 SEC. 3. Section 14526.8 is added to the Government Code, to
line 10 read:
line 11 14526.8. (a) On or before April 1, 2016, the department shall
line 12 present to the commission a plan to increase department efficiency
line 13 by up to 30 percent over the subsequent three years. The ongoing
line 14 savings experienced through this increased efficiency shall result
line 15 in increased capital expenditures in the department’s state highway
line 16 operation and protection program or an increase in the
line 17 department’s state highway maintenance program.
line 18 (b) The commission shall consider the reasonableness of the
line 19 proposal, and may approve the entire plan or reject all or portions
line 20 of the plan. The commission’s feedback is intended to ensure that
line 21 the department is achieving the savings in the most responsible
line 22 way possible.
line 23 (c) All future state highway operation and protection program
line 24 documents shall identify the increased funding available to the
line 25 program as a result of the efficiencies realized due to the
line 26 implementation of the plan.
line 27 SEC. 4. Section 16321 is added to the Government Code, to
line 28 read:
line 29 16321. (a) Notwithstanding any other law, on or before March
line 30 1, 2016, the Department of Finance shall compute the amount of
line 31 outstanding loans made from the State Highway Account, the
line 32 Motor Vehicle Fuel Account, the Highway Users Tax Account,
line 33 and the Motor Vehicle Account to the General Fund. The
line 34 department shall prepare a loan repayment schedule, pursuant to
line 35 which the outstanding loans shall be repaid to the accounts from
line 36 which the loans were made, as follows:
line 37 (1) On or before June 30, 2016, 33 percent of the outstanding
line 38 loan amounts.
line 39 (2) On or before June 30, 2017, 33 percent of the outstanding
line 40 loan amounts.
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SB 16— 7 —
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line 1 (3) On or before June 30, 2018, 34 percent of the outstanding
line 2 loan amounts.
line 3 (b) Notwithstanding any other provision of law, as the loans
line 4 are repaid pursuant to this section, the repaid funds shall be
line 5 transferred to the Road Maintenance and Rehabilitation Account
line 6 created pursuant to Section 2031 of the Streets and Highways
line 7 Code.
line 8 (c) Funds for loan repayments pursuant to this section shall be
line 9 appropriated from the Budget Stabilization Account pursuant to
line 10 subclause (II) of clause (ii) of subparagraph (B) of paragraph (1)
line 11 of subdivision (c) of Section 20 of Article XVI of the California
line 12 Constitution.
line 13 SEC. 5. Section 7360 of the Revenue and Taxation Code is
line 14 amended to read:
line 15 7360. (a) (1) (A) A tax of eighteen cents ($0.18) is hereby
line 16 imposed upon each gallon of fuel subject to the tax in Sections
line 17 7362, 7363, and 7364.
line 18 (B) In addition to the tax imposed pursuant to subparagraph
line 19 (A), a tax of ten cents ($0.10) is hereby imposed upon each gallon
line 20 of fuel subject to the tax in Sections 7362, 7363, and 7364. This
line 21 subparagraph shall be inoperative in any fiscal year in which the
line 22 Road Maintenance and Rehabilitation Program has not been
line 23 authorized, pursuant to subdivision (b) of Section 2030 of the
line 24 Streets and Highways Code.
line 25 (2) If the federal fuel tax is reduced below the rate of nine cents
line 26 ($0.09) per gallon and federal financial allocations to this state for
line 27 highway and exclusive public mass transit guideway purposes are
line 28 reduced or eliminated correspondingly, the tax rate imposed by
line 29 subparagraph (A) of paragraph (1), on and after the date of the
line 30 reduction, shall be recalculated by an amount so that the combined
line 31 state rate under subparagraph (A) of paragraph (1) and the federal
line 32 tax rate per gallon equal twenty-seven cents ($0.27).
line 33 (3) If any person or entity is exempt or partially exempt from
line 34 the federal fuel tax at the time of a reduction, the person or entity
line 35 shall continue to be so exempt under this section.
line 36 (b) (1) On and after July 1, 2010, in addition to the tax imposed
line 37 by subdivision (a), a tax is hereby imposed upon each gallon of
line 38 motor vehicle fuel, other than aviation gasoline, subject to the tax
line 39 in Sections 7362, 7363, and 7364 in an amount equal to seventeen
line 40 and three-tenths cents ($0.173) per gallon.
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line 1 (2) For the 2011–12 fiscal year and each fiscal year thereafter,
line 2 the board shall, on or before March 1 of the fiscal year immediately
line 3 preceding the applicable fiscal year, adjust the rate in paragraph
line 4 (1) in that manner as to generate an amount of revenue that will
line 5 equal the amount of revenue loss attributable to the exemption
line 6 provided by Section 6357.7, based on estimates made by the board,
line 7 and that rate shall be effective during the state’s next fiscal year.
line 8 (3) In order to maintain revenue neutrality for each year,
line 9 beginning with the rate adjustment on or before March 1, 2012,
line 10 the adjustment under paragraph (2) shall also take into account the
line 11 extent to which the actual amount of revenues derived pursuant to
line 12 this subdivision and, as applicable, Section 7361.1, the revenue
line 13 loss attributable to the exemption provided by Section 6357.7
line 14 resulted in a net revenue gain or loss for the fiscal year ending
line 15 prior to the rate adjustment date on or before March 1.
line 16 (4) The intent of paragraphs (2) and (3) is to ensure that the act
line 17 adding this subdivision and Section 6357.7 does not produce a net
line 18 revenue gain in state taxes.
line 19 SEC. 6. Section 10752 of the Revenue and Taxation Code is
line 20 amended to read:
line 21 10752. (a) The annual amount of the license fee for any
line 22 vehicle, other than a trailer or semitrailer, as described in
line 23 subdivision (a) of Section 5014.1 of the Vehicle Code or a
line 24 commercial motor vehicle described in Section 9400.1 of the
line 25 Vehicle Code, or a trailer coach that is required to be moved under
line 26 permit as authorized in Section 35790 of the Vehicle Code, shall
line 27 be a sum equal to the following percentage of the market value of
line 28 the vehicle as determined by the department:
line 29 (1) Sixty-five hundredths of 1 percent on and after January 1,
line 30 2005, and before May 19, 2009.
line 31 (2) One percent for initial and renewal registrations due on and
line 32 after May 19, 2009, but before July 1, 2011.
line 33 (3) Sixty-five hundredths of 1 percent for initial and renewal
line 34 registrations due on and after July 1, 2011, but before July 1, 2015.
line 35 (4) Seventy-two hundredths of 1 percent for initial and renewal
line 36 registrations due on and after July 1, 2015, but before July 1, 2016.
line 37 (5) Seventy-nine hundredths of 1 percent for initial and renewal
line 38 registrations due on and after July 1, 2016, but before July 1, 2017.
line 39 (6) Eighty-six hundredths of 1 percent for initial and renewal
line 40 registrations due on and after July 1, 2017, but before July 1, 2018.
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line 1 (7) Ninety-three hundredths of 1 percent for initial and renewal
line 2 registrations due on and after July 1, 2018, but before July 1, 2019.
line 3 (8) One percent for initial and renewal registrations due on and
line 4 after July 1, 2019.
line 5 (b) The annual amount of the license fee for any commercial
line 6 vehicle as described in Section 9400.1 of the Vehicle Code, shall
line 7 be a sum equal to 0.65 percent of the market value of the vehicle
line 8 as determined by the department.
line 9 (c) Notwithstanding Chapter 5 (commencing with Section
line 10 11001) or any other law to the contrary, all revenues (including
line 11 penalties), less refunds, attributable to that portion of the rate
line 12 imposed pursuant to this section in excess of 0.65 percent shall be
line 13 deposited into the General Fund and shall be used for debt service
line 14 on transportation general obligation bonds.
line 15 SEC. 7. Section 60050 of the Revenue and Taxation Code is
line 16 amended to read:
line 17 60050. (a) (1) A tax of eighteen cents ($0.18) is hereby
line 18 imposed upon each gallon of diesel fuel subject to the tax in
line 19 Sections 60051, 60052, and 60058.
line 20 (2) If the federal fuel tax is reduced below the rate of fifteen
line 21 cents ($0.15) per gallon and federal financial allocations to this
line 22 state for highway and exclusive public mass transit guideway
line 23 purposes are reduced or eliminated correspondingly, the tax rate
line 24 imposed by paragraph (1), including any reduction or adjustment
line 25 pursuant to subdivision (b), on and after the date of the reduction,
line 26 shall be increased by an amount so that the combined state rate
line 27 under paragraph (1) and the federal tax rate per gallon equal what
line 28 it would have been in the absence of the federal reduction.
line 29 (3) If any person or entity is exempt or partially exempt from
line 30 the federal fuel tax at the time of a reduction, the person or entity
line 31 shall continue to be exempt under this section.
line 32 (b) (1) On July 1, 2011, the tax rate specified in paragraph (1)
line 33 of subdivision (a) shall be reduced to thirteen cents ($0.13) and
line 34 every July 1 thereafter shall be adjusted pursuant to paragraphs
line 35 (2) and (3).
line 36 (2) For the 2012–13 fiscal year and each fiscal year thereafter,
line 37 the board shall, on or before March 1 of the fiscal year immediately
line 38 preceding the applicable fiscal year, adjust the rate reduction in
line 39 paragraph (1) in that manner as to result in a revenue loss
line 40 attributable to paragraph (1) that will equal the amount of revenue
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line 1 gain attributable to Sections 6051.8 and 6201.8, based on estimates
line 2 made by the board, and that rate shall be effective during the state’s
line 3 next fiscal year.
line 4 (3) In order to maintain revenue neutrality for each year,
line 5 beginning with the rate adjustment on or before March 1, 2013,
line 6 the adjustment under paragraph (2) shall take into account the
line 7 extent to which the actual amount of revenues derived pursuant to
line 8 Sections 6051.8 and 6201.8 and the revenue loss attributable to
line 9 this subdivision resulted in a net revenue gain or loss for the fiscal
line 10 year ending prior to the rate adjustment date on or before March
line 11 1.
line 12 (4) The intent of paragraphs (2) and (3) is to ensure that the act
line 13 adding this subdivision and Sections 6051.8 and 6201.8 does not
line 14 produce a net revenue gain in state taxes.
line 15 (c) In addition to the tax imposed pursuant to subdivisions (a)
line 16 and (b), an additional tax of twelve cents ($0.12) is hereby imposed
line 17 upon each gallon of diesel fuel subject to the tax in Sections 60051,
line 18 60052, and 60058. This subdivision shall be inoperative in any
line 19 fiscal year in which the Road Maintenance and Rehabilitation
line 20 Program has not been authorized, pursuant to subdivision (b) of
line 21 Section 2030 of the Streets and Highways Code.
line 22 SEC. 8. Chapter 2 (commencing with Section 2030) is added
line 23 to Division 3 of the Streets and Highways Code, to read:
line 24
line 25 Chapter 2. Road Maintenance and Rehabilitation
line 26 Program
line 27
line 28 2030. (a) The Road Maintenance and Rehabilitation Program
line 29 is hereby created to address deferred maintenance on the state
line 30 highway system and the local street and road system. Funds made
line 31 available by the program shall be prioritized for expenditure on
line 32 basic road maintenance and road rehabilitation projects, and on
line 33 critical safety projects. The program shall be subject to
line 34 reauthorization every five years by the Legislature. The California
line 35 Transportation Commission shall identify the estimated funds to
line 36 be available pursuant to this chapter for the program during any
line 37 authorized five-year period, and shall adopt performance criteria
line 38 to ensure efficient use of the funds.
line 39 (b) The Legislature hereby authorizes the program for the
line 40 2015–16 to 2019–20 fiscal years, inclusive.
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line 1 (c) If the Legislature does not reauthorize the program beyond
line 2 the 2019–20 fiscal year, the increases in excise tax rates for motor
line 3 vehicle fuel and diesel fuel associated with the revenues referenced
line 4 in subdivision (a) of Section 2031, and the increase in the vehicle
line 5 registration fee referenced in Section 9250.3 of the Vehicle Code,
line 6 shall terminate at the end of the 2019–20 fiscal year.
line 7 2031. The following revenues shall be deposited in the Road
line 8 Maintenance and Rehabilitation Account, which is hereby created
line 9 in the State Transportation Fund:
line 10 (a) The revenues from the increase in the motor vehicle fuel
line 11 excise tax by ten cents ($0.10) per gallon and the revenues from
line 12 ten cents ($0.10) per gallon of the increase in the diesel fuel excise
line 13 tax by twelve cents ($0.12) per gallon, as provided in Section
line 14 2103.1.
line 15 (b) The revenues from the increase in the vehicle registration
line 16 fee pursuant to Section 9250.3 of the Vehicle Code.
line 17 (c) The revenues from the increase in the vehicle registration
line 18 fee pursuant to Section 9250.6 of the Vehicle Code, except as
line 19 provided in paragraph (2) of subdivision (b) of that section.
line 20 (d) The revenues from vehicle weight fees redirected from
line 21 transportation bond debt service to the State Highway Account,
line 22 pursuant to the schedule set forth in subdivision (a) of Section
line 23 9400.5 of the Vehicle Code.
line 24 (e) The revenues from repayment of loans made from the State
line 25 Highway Account, the Motor Vehicle Fuel Account, the Highway
line 26 Users Tax Account, and the Motor Vehicle Account to the General
line 27 Fund, pursuant to the schedule set forth in Section 16321 of the
line 28 Government Code.
line 29 (f) Any other revenues designated for the program.
line 30 2032. (a) Five percent of the revenues deposited in the Road
line 31 Maintenance and Rehabilitation Account for the period of fiscal
line 32 years specified in subdivision (b) of Section 2030 shall be set aside
line 33 for counties in which voters approve, on or after July 1, 2015, a
line 34 transactions and use tax for transportation purposes, and which
line 35 counties did not, prior to that approval, impose a transactions and
line 36 use tax for those purposes. The funds available under this
line 37 subdivision in each fiscal year are hereby continuously
line 38 appropriated for allocation to each eligible county and each city
line 39 in the county for road maintenance and rehabilitation purposes
line 40 pursuant to Section 2035. However, funds remaining unallocated
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line 1 under this subdivision in any fiscal year shall be reallocated on
line 2 the last day of the fiscal year pursuant to subdivision (b).
line 3 (b) The remaining revenues deposited in the Road Maintenance
line 4 and Rehabilitation Account for the period of fiscal years specified
line 5 in subdivision (b) of Section 2030, including the revenues
line 6 reallocated for the purposes of this subdivision pursuant to
line 7 subdivision (a), are hereby continuously appropriated for road
line 8 maintenance and rehabilitation purposes under the program, as
line 9 follows:
line 10 (1) Fifty percent for allocation to the department for
line 11 maintenance of the state highway system or for purposes of the
line 12 state highway operation and protection program.
line 13 (2) Fifty percent for apportionment to cities and counties by the
line 14 Controller pursuant to the formula in subparagraph (C) of
line 15 paragraph (3) of subdivision (a) of Section 2103 for the purposes
line 16 authorized by this chapter, subject to subdivision (d) of Section
line 17 2033 and paragraph (2) of subdivision (a) of Section 2034.
line 18 2033. (a) The commission shall annually evaluate each agency
line 19 receiving funds pursuant to this chapter.
line 20 (b) For each fiscal year in which the department receives an
line 21 allocation of funds pursuant to Section 2032, the department shall
line 22 submit documentation to the commission that includes a description
line 23 and the location of each completed project, the amount of funds
line 24 expended on the project, the completion date, and the project’s
line 25 estimated useful life. The commission shall evaluate the
line 26 documentation to determine the effectiveness of the department in
line 27 reducing deferred maintenance and improving road conditions on
line 28 the state highway system, and may withhold future funding from
line 29 the department if it determines that program funds have not been
line 30 appropriately spent.
line 31 (c) For each fiscal year in which an agency receives an
line 32 apportionment of funds pursuant to subdivision (a) or paragraph
line 33 (2) of subdivision (b) of Section 2032, the commission shall
line 34 evaluate the documentation submitted pursuant to subdivision (b)
line 35 of Section 2034 to determine the effectiveness of the agency in
line 36 reducing deferred maintenance and improving road conditions
line 37 within its jurisdiction.
line 38 (d) If the commission determines, with respect to any given
line 39 fiscal year, that a local agency has not appropriately spent its
line 40 apportionment of funds, the commission shall direct the Controller
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line 1 to make that agency ineligible to receive an apportionment during
line 2 the next fiscal year. The Controller shall reapportion that agency’s
line 3 share of funds to all other eligible local agencies pursuant to
line 4 paragraph (2) of subdivision (b) of Section 2032.
line 5 (e) The commission shall include a discussion of its evaluations
line 6 pursuant to this section in its annual report to the Legislature
line 7 pursuant to Section 14535 of the Government Code.
line 8 2034. (a) (1) Prior to receiving an apportionment of funds
line 9 under the program pursuant to paragraph (2) of subdivision (b)
line 10 of Section 2032 from the Controller in a fiscal year, an eligible
line 11 local agency shall submit to the commission a list of projects
line 12 proposed to be funded with these funds pursuant to an adopted
line 13 city, county, or city and county budget. All projects proposed to
line 14 receive funding shall be included in a city, county, or city and
line 15 county budget that is adopted by the applicable city council or
line 16 board of supervisors at a regular public meeting. The list of
line 17 projects proposed to be funded with these funds shall include a
line 18 description and the location of each proposed project, a proposed
line 19 schedule for the project’s completion, and the estimated useful life
line 20 of the improvement. The project list shall not limit the flexibility
line 21 of an eligible local agency to fund projects in accordance with
line 22 local needs and priorities so long as the projects are consistent
line 23 with subdivision (d).
line 24 (2) The commission shall report to the Controller the local
line 25 agencies that have submitted a list of projects as described in this
line 26 subdivision and that are therefore eligible to receive an
line 27 apportionment of funds under the program for the applicable fiscal
line 28 year. The Controller, upon receipt of the report, shall apportion
line 29 funds to eligible local agencies.
line 30 (b) For each fiscal year, each local agency receiving an
line 31 apportionment of funds shall, upon expending program funds,
line 32 submit documentation to the commission that includes a description
line 33 and location of each completed project, the amount of funds
line 34 expended on the project, the completion date, and the project’s
line 35 estimated useful life. The documentation shall also include a
line 36 comparison of the projects the local agency would have completed
line 37 without receiving funds under the program compared with the
line 38 projects completed with these funds.
line 39 (c) The documentation provided pursuant to subdivision (b)
line 40 shall be forwarded by the commission to the department, in a
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line 1 manner and form approved by the department, at the end of each
line 2 fiscal year as long as program funds remain available for
line 3 expenditure. The department may post the information contained
line 4 in the documentation on its Internet Web site.
line 5 (d) Funds made available to a local agency under the program
line 6 shall be used for improvements to transportation facilities that
line 7 will assist in reducing further deterioration of the existing road
line 8 system. These improvements may include, but need not be limited
line 9 to, pavement maintenance, rehabilitation, installation, construction,
line 10 and reconstruction of necessary associated facilities such as
line 11 drainage and traffic control devices, or safety projects to reduce
line 12 fatalities. Funds made available under the program may also be
line 13 used to satisfy the local match requirement in order to obtain state
line 14 or federal transportation funds for similar purposes.
line 15 2035. (a) On or before July 1, 2016, the commission, in
line 16 cooperation with the department, transportation planning agencies,
line 17 county transportation commissions, and other local agencies, shall
line 18 develop guidelines for the allocation of funds pursuant to
line 19 subdivision (a) of Section 2032.
line 20 (b) The guidelines shall be the complete and full statement of
line 21 the policy, standards, and criteria that the commission intends to
line 22 use to determine how these funds will be allocated.
line 23 (c) The commission may amend the adopted guidelines after
line 24 conducting at least one public hearing.
line 25 2036. (a) Cities and counties shall maintain their existing
line 26 commitment of local funds for street, road, and highway purposes
line 27 in order to remain eligible for an allocation or apportionment of
line 28 funds pursuant to Section 2032.
line 29 (b) In order to receive an allocation or apportionment pursuant
line 30 to Section 2032, the city or county shall annually expend from its
line 31 general fund for street, road, and highway purposes an amount
line 32 not less than the annual average of its expenditures from its general
line 33 fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as
line 34 reported to the Controller pursuant to Section 2151. For purposes
line 35 of this subdivision, in calculating a city’s or county’s annual
line 36 general fund expenditures and its average general fund
line 37 expenditures for the 2009–10, 2010–11, and 2011–12 fiscal years,
line 38 any unrestricted funds that the city or county may expend at its
line 39 discretion, including vehicle in-lieu tax revenues and revenues
line 40 from fines and forfeitures, expended for street, road, and highway
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line 1 purposes shall be considered expenditures from the general fund.
line 2 One-time allocations that have been expended for street and
line 3 highway purposes, but which may not be available on an ongoing
line 4 basis, including revenue provided under the Teeter Plan Bond
line 5 Law of 1994 (Chapter 6.6 (commencing with Section 54773) of
line 6 Part 1 of Division 2 of Title 5 of the Government Code), may not
line 7 be considered when calculating a city’s or county’s annual general
line 8 fund expenditures.
line 9 (c) For any city incorporated after July 1, 2009, the Controller
line 10 shall calculate an annual average of expenditure for the period
line 11 between July 1, 2009 , and December 31, 2015, inclusive, that the
line 12 city was incorporated.
line 13 (d) For purposes of subdivision (b), the Controller may request
line 14 fiscal data from cities and counties in addition to data provided
line 15 pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12
line 16 fiscal years. Each city and county shall furnish the data to the
line 17 Controller not later than 120 days after receiving the request. The
line 18 Controller may withhold payment to cities and counties that do
line 19 not comply with the request for information or that provide
line 20 incomplete data.
line 21 (e) The Controller may perform audits to ensure compliance
line 22 with subdivision (b) when deemed necessary. Any city or county
line 23 that has not complied with subdivision (b) shall reimburse the
line 24 state for the funds it received during that fiscal year. Any funds
line 25 withheld or returned as a result of a failure to comply with
line 26 subdivision (b) shall be reapportioned to the other counties and
line 27 cities whose expenditures are in compliance.
line 28 (f) If a city or county fails to comply with the requirements of
line 29 subdivision (b) in a particular fiscal year, the city or county may
line 30 expend during that fiscal year and the following fiscal year a total
line 31 amount that is not less than the total amount required to be
line 32 expended for those fiscal years for purposes of complying with
line 33 subdivision (b).
line 34 SEC. 9. Section 2103.1 is added to the Streets and Highways
line 35 Code, to read:
line 36 2103.1. Notwithstanding subdivision (b) of Section 2103, the
line 37 portion of the revenues in the Highway Users Tax Account
line 38 attributable to the increase in the tax rate on motor vehicle fuel
line 39 by ten cents ($0.10) per gallon pursuant to subdivision (a) of
line 40 Section 7360 of the Revenue and Taxation Code and the increase
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line 1 in the tax rate by twelve cents ($0.12) per gallon on diesel fuel
line 2 pursuant to subdivision (c) of Section 60050 of the Revenue and
line 3 Taxation Code, as amended by the act adding this section, shall
line 4 be deposited in the Road Maintenance and Rehabilitation Account
line 5 created pursuant to Section 2031, except that the portion of the
line 6 revenues attributable to two cents ($0.02) of the increase in the
line 7 tax rate on diesel fuel shall be deposited in the Trade Corridors
line 8 Improvement Fund for expenditure pursuant to Section 2192.
line 9 SEC. 10. Section 9250.3 is added to the Vehicle Code, to read:
line 10 9250.3. (a) In addition to any other fees specified in this code
line 11 or the Revenue and Taxation Code, a registration fee of thirty-five
line 12 dollars ($35) shall be paid to the department for registration or
line 13 renewal of registration of every vehicle subject to registration
line 14 under this code, except those vehicles that are expressly exempted
line 15 under this code from payment of registration fees.
line 16 (b) (1) For any year in which the Road Maintenance and
line 17 Rehabilitation Program is authorized pursuant to subdivision (b)
line 18 of Section 2030 of the Streets and Highways Code, revenues from
line 19 the fee shall be deposited in the Road Maintenance and
line 20 Rehabilitation Account created pursuant to Section 2031 of the
line 21 Streets and Highways Code.
line 22 (2) For any year in which the Legislature does not reauthorize
line 23 the Road Maintenance and Rehabilitation Program, this section
line 24 shall be inoperative.
line 25 SEC. 11. Section 9250.6 is added to the Vehicle Code, to read:
line 26 9250.6. (a) In addition to any other fees specified in this code
line 27 or in the Revenue and Taxation Code, a registration fee of one
line 28 hundred dollars ($100) shall be paid to the department for
line 29 registration or renewal of registration of every zero-emission
line 30 motor vehicle subject to registration under this code, except those
line 31 motor vehicles that are expressly exempted under this code from
line 32 payment of registration fees.
line 33 (b) (1) For any year in which the Road Maintenance and
line 34 Rehabilitation Program is authorized pursuant to subdivision (b)
line 35 of Section 2030 of the Streets and Highways Code, revenues from
line 36 the fee shall be deposited in the Road Maintenance and
line 37 Rehabilitation Account created pursuant to Section 2031 of the
line 38 Streets and Highways Code.
line 39 (2) For any year in which the Legislature does not reauthorize
line 40 the Road Maintenance and Rehabilitation Program, revenues from
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line 1 the fee shall be deposited in the State Highway Account to be used
line 2 for purposes of maintaining the state highway system or the state
line 3 highway operation and protection program.
line 4 (c) This section does not apply to a commercial motor vehicle
line 5 subject to Section 9400.1.
line 6 (d) For purposes of this section, “zero-emission motor vehicle”
line 7 means a motor vehicle as described in subdivisions (c) and (d) of
line 8 Section 44258 of the Health and Safety Code, or any other motor
line 9 vehicle that is able to operate on any fuel other than gasoline or
line 10 diesel fuel.
line 11 SEC. 12. Section 9400.5 is added to the Vehicle Code, to read:
line 12 9400.5. (a) Notwithstanding Sections 9400.1, 9400.4, and
line 13 42205 of this code, Sections 16773 and 16965 of the Government
line 14 Code, Section 2103 of the Streets and Highways Code, or any
line 15 other law, the amount of weight fee revenues otherwise to be
line 16 transferred from the State Highway Account to the Transportation
line 17 Debt Service Fund, the Transportation Bond Direct Payment
line 18 Account, or any other fund or account for the purpose of payment
line 19 of the debt service on transportation general obligation bonds, or
line 20 for the purpose of being loaned to the General Fund, shall be
line 21 reduced pursuant to the following schedule, with the applicable
line 22 revenues thereby retained in the State Highway Account to be
line 23 transferred to the Road Maintenance and Rehabilitation Account
line 24 created pursuant to Section 2031 of the Streets and Highways
line 25 Code:
line 26 (1) For the 2015–16 fiscal year, by 20 percent.
line 27 (2) For the 2016–17 fiscal year, by 40 percent.
line 28 (3) For the 2017–18 fiscal year, by 60 percent.
line 29 (4) For the 2018–19 fiscal year, by 80 percent.
line 30 (5) For the 2019–20 fiscal year and in each subsequent fiscal
line 31 year thereafter, by 100 percent.
line 32 (b) For any year in which the Legislature does not reauthorize
line 33 the Road Maintenance and Rehabilitation Program, pursuant to
line 34 subdivision (b) of Section 2030 of the Streets and Highways Code,
line 35 the revenues described in subdivision (a) shall be retained in the
line 36 State Highway Account to be used for purposes of maintaining the
line 37 state highway system or the state highway operation and protection
line 38 program.
line 39 SEC. 13. This act is an urgency statute necessary for the
line 40 immediate preservation of the public peace, health, or safety within
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line 1 the meaning of Article IV of the Constitution and shall go into
line 2 immediate effect. The facts constituting the necessity are:
line 3 In order to provide additional funding for road maintenance
line 4 and rehabilitation purposes as quickly as possible, it is necessary
line 5 for this act to take effect immediately.
O
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SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio
SUBJECT: Resolution of Support for Senate Bill 321
RECOMMENDED ACTION:
Approve resolution of support for Senate Bill 321.
BACKGROUND:
Senate Bill (SB) 321, authorized by State Senator Jim Beall,
gas tax revenues for local governments and the State. Currently, gasoline tax revenues
distributed among the State and local governments based on
does not account for historical data. As a result, the current methodology results in over and
under estimation of revenues that are reconciled by “true ups”
estimations. This results in constant fluctuation in fuel tax revenues.
gas tax revenues, many local governments find it difficult to plan funding for long term capital
roadway and transportation projects. In
distribution is expected to cause a 56% reduction in fuel tax revenues
If signed into law, SB 321 would adjust the gas tax
on four years of historical data. When tax swings occur, the bill would also allow the “true up” to
take place over three years, helping to stabilize allocations to local governments.
The bill is supported by the League of California Cities.
ATTACHMENTS:
Attachment A - Resolution of Support for SB 321
Attachment B - SB 321 Text
Attachment C - SB 321 Analysis
SARATOGA CITY COUNCIL
City Manager’s Office
Crystal Bothelio, City Clerk
Resolution of Support for Senate Bill 321
Approve resolution of support for Senate Bill 321.
Senate Bill (SB) 321, authorized by State Senator Jim Beall, proposes to reduce the volatility of
gas tax revenues for local governments and the State. Currently, gasoline tax revenues are
istributed among the State and local governments based on a complicated methodology
As a result, the current methodology results in over and
under estimation of revenues that are reconciled by “true ups” to correct past over or under
This results in constant fluctuation in fuel tax revenues. With unexpected swings in
, many local governments find it difficult to plan funding for long term capital
In 2015/16 alone, the existing methodology for fuel tax
a 56% reduction in fuel tax revenues for California cities
If signed into law, SB 321 would adjust the gas tax forecasting model. Forecasts would be based
rs of historical data. When tax swings occur, the bill would also allow the “true up” to
helping to stabilize allocations to local governments.
The bill is supported by the League of California Cities.
Resolution of Support for SB 321
proposes to reduce the volatility of
are
a complicated methodology that
As a result, the current methodology results in over and
t past over or under
unexpected swings in
, many local governments find it difficult to plan funding for long term capital
the existing methodology for fuel tax
for California cities.
forecasting model. Forecasts would be based
rs of historical data. When tax swings occur, the bill would also allow the “true up” to
113
RESOLUTION NO. 15-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
IN SUPPORT OF SENATE BILL 321 (BEALL)
WHEREAS, the current methodology used for determining fuel tax rates for local
governments is unpredictable and changes from year to year; and
WHEREAS, the methodology is based on projections of fuel prices and consumption
and does not include historical data; and
WHEREAS, when projections do not match actual fuel prices or use, it results in future
adjustments or “true ups” that can significantly alter the amount of gasoline tax revenues
received by local governments; and
WHEREAS, in Fiscal Year 2015/16 alone, local governments are expecting to see a 56
percent reduction in gas tax funds; and
WHEREAS, the annual fluctuation in gasoline tax funds makes it difficult for local
governments to plan for transportation projects; and
WHEREAS, Senate Bill (SB) 321, authored by State Senator Jim Beall, would stabilize
the overall volatility of this revenue source by changing the forecasting model; and
WHEREAS, SB 321 would require that four years of historical data be used for
projection; and
WHEREAS, in the event of discrepancies between forecasts and actual fuel tax
revenues, SB 321 would distribute the tax rate swing over a three year period.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby support SB 321 and urges the California State Legislature and the Governor of California
to sign this bill into law.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 6th day of May 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Howard A. Miller, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
114
AMENDED IN SENATE MARCH 26, 2015
SENATE BILL No. 321
Introduced by Senator Beall
February 23, 2015
An act to amend Section 7360 of the Revenue and Taxation Code,
relating to taxation, and declaring the urgency thereof, to take effect
immediately.
legislative counsel’s digest
SB 321, as amended, Beall. Motor vehicle fuel taxes: rates:
adjustments.
Existing law, as of July 1, 2010, exempts the sale of, and the storage,
use, or other consumption of, motor vehicle fuel from specified sales
and use taxes and increases the excise tax on motor vehicle fuel, as
provided.
Existing law requires the State Board of Equalization, for the 2011–12
fiscal year and each fiscal year thereafter, on or before March 1 of the
fiscal year immediately preceding the applicable fiscal year, to adjust
the motor vehicle fuel tax rate in a manner as to generate an amount of
revenue equal to the amount of revenue loss attributable to the sales
and use tax exemption on motor vehicle fuel, based on estimates made
by the board. Existing law also requires, in order to maintain revenue
neutrality, the board to take into account actual net revenue gain or loss
for the fiscal year ending prior to the rate adjustment date. Existing law
requires this determined rate to be effective during the state’s next fiscal
year.
This bill would, for the 2015–16 fiscal year and each fiscal year
thereafter, instead require the board, on or before July 1, 2015, or March
1 of the fiscal year immediately preceding the applicable fiscal year,
98
115
as specified, to adjust the rate in a manner as to generate an amount of
revenue equal to the average amount of revenue loss attributable to the
exemption over the next five fiscal years, exemption, based on estimates
made by the board that reflect the combined average of the actual fuel
price over the previous 4 fiscal years and the estimated fuel price for
the current fiscal year, and continuing to take into account adjustments
required by existing law to maintain revenue neutrality. This bill would
authorize, for rate adjustments made after January 1, 2015, in order to
reduce the potential volatility of the revenues generated by the motor
vehicle fuel tax, the board to make partial adjustments over up to 3
consecutive years to take into account the net revenue gain or loss of
any fiscal year.
This bill would also authorize, if, due to clear changes in either fuel
prices or consumption in the state, the board makes a determination
that the amount of revenue being generated by the motor vehicle fuel
tax will be significantly different than the estimates made by the board,
the board to adjust the rate more frequently than annually, but no more
frequently than quarterly every 6 months in order to reduce the potential
volatility of the revenues.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 7360 of the Revenue and Taxation Code
line 2 is amended to read:
line 3 7360. (a) (1) A tax of eighteen cents ($0.18) is hereby imposed
line 4 upon each gallon of fuel subject to the tax in Sections 7362, 7363,
line 5 and 7364.
line 6 (2) If the federal fuel tax is reduced below the rate of nine cents
line 7 ($0.09) per gallon and federal financial allocations to this state for
line 8 highway and exclusive public mass transit guideway purposes are
line 9 reduced or eliminated correspondingly, the tax rate imposed by
line 10 paragraph (1), on and after the date of the reduction, shall be
line 11 recalculated by an amount so that the combined state rate under
line 12 paragraph (1) and the federal tax rate per gallon equal twenty-seven
line 13 cents ($0.27).
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116
line 1 (3) If any person or entity is exempt or partially exempt from
line 2 the federal fuel tax at the time of a reduction, the person or entity
line 3 shall continue to be so exempt under this section.
line 4 (b) (1) On and after July 1, 2010, in addition to the tax imposed
line 5 by subdivision (a), a tax is hereby imposed upon each gallon of
line 6 motor vehicle fuel, other than aviation gasoline, subject to the tax
line 7 in Sections 7362, 7363, and 7364 in an amount equal to seventeen
line 8 and three-tenths cents ($0.173) per gallon.
line 9 (2) (A) For the 2011–12 fiscal year to the 2014–15 fiscal year,
line 10 inclusive, the board shall, on or before March 1 of the fiscal year
line 11 immediately preceding the applicable fiscal year, adjust the rate
line 12 in paragraph (1) in that manner as to generate an amount of revenue
line 13 that will equal the amount of revenue loss attributable to the
line 14 exemption provided by Section 6357.7, based on estimates made
line 15 by the board, and that rate shall be effective during the state’s next
line 16 fiscal year.
line 17 (B) For the 2015–16 fiscal year, the board shall, on or before
line 18 July 1, 2015, adjust the rate in paragraph (1) in that manner as to
line 19 generate an amount of revenue that will equal the average amount
line 20 of revenue loss attributable to the exemption provided by Section
line 21 6357.7 over the next five fiscal years, 6357.7, based on estimates
line 22 made by the board that reflect the combined average of the actual
line 23 fuel price over the previous four fiscal years and the estimated
line 24 fuel price for the current fiscal year, and that rate shall be effective
line 25 during the 2015–16 fiscal year.
line 26 (C) For the 2016–17 fiscal year and each fiscal year thereafter,
line 27 the board shall, on or before March 1 of the fiscal year immediately
line 28 preceding the applicable fiscal year, adjust the rate in paragraph
line 29 (1) in that manner as to generate an amount of revenue that will
line 30 equal the average amount of revenue loss attributable to the
line 31 exemption provided by Section 6357.7 over the next five fiscal
line 32 years, 6357.7, based on estimates made by the board that reflect
line 33 the combined average of the actual fuel price over the previous
line 34 four fiscal years and the estimated fuel price for the current fiscal
line 35 year, and that rate shall be effective during the state’s next fiscal
line 36 year.
line 37 (3) In order to maintain revenue neutrality, beginning with the
line 38 rate adjustment on or before March 1, 2012, the adjustment under
line 39 paragraph (2) shall also take into account the extent to which the
line 40 actual amount of revenues derived pursuant to this subdivision
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SB 321— 3 —
117
line 1 and, as applicable, Section 7361.1, the revenue loss attributable
line 2 to the exemption provided by Section 6357.7 resulted in a net
line 3 revenue gain or loss for the fiscal year ending prior to the rate
line 4 adjustment date on or before March 1. For rate adjustments made
line 5 after January 1, 2015, in order to reduce the potential volatility of
line 6 the revenues generated by the tax imposed under this subdivision,
line 7 the board may make partial adjustments over up to three
line 8 consecutive years to take into account the net revenue gain or loss
line 9 of any fiscal year.
line 10 (4) If, due to clear changes in either fuel prices or consumption
line 11 in the state, the board makes a determination that the amount of
line 12 revenue being generated by the tax imposed by this section will
line 13 be significantly different than the estimates made by the board,
line 14 the board may adjust the rate in paragraph (1) more frequently
line 15 than annually, but no more frequently than quarterly every six
line 16 months in order to reduce the potential volatility of the revenues.
line 17 (5) The intent of paragraphs (2) and (3) is to ensure that Chapter
line 18 6 of the Statutes of 2011, which added this subdivision and Section
line 19 6357.7, does not produce a net revenue gain in state taxes.
line 20 (6) It is the intent of the Legislature that the amendments made
line 21 by the act adding this paragraph does not produce a net revenue
line 22 gain in state taxes. Revenue neutrality, as used in this section, does
line 23 not refer to revenues generated in any particular fiscal year, but
line 24 instead means that, over a reasonable period of fiscal years, the
line 25 actual amount of revenues derived pursuant to this subdivision is
line 26 equal to the estimated amount of revenue loss attributable to the
line 27 exemption provided by Section 6357.7.
line 28 SEC. 2. This act is an urgency statute necessary for the
line 29 immediate preservation of the public peace, health, or safety within
line 30 the meaning of Article IV of the Constitution and shall go into
line 31 immediate effect. The facts constituting the necessity are:
line 32 In order to avoid a significant and devastating decrease in the
line 33 amount of funding available for the maintenance of California’s
line 34 local streets and roads, it is necessary that this act take effect
line 35 immediately.
O
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SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: SB 321 Hearing Date: 4/15/15
Author: Beall Tax Levy: No
Version: 3/26/15 Fiscal: Yes
Consultant: Bouaziz
MOTOR VEHICLE FUEL TAXES: RATES: ADJUSTMENTS
Changes the methodology used to determine the fuel tax rates.
Background and Existing Law
In 2010, the Legislature enacted two “fuel tax swap” measures that changed the imposition and
rates of state taxes on gasoline and diesel fuel, and require the Board of Equalization (BOE) to
annually determine the appropriate excise tax rate adjustments to maintain revenue neutrality
(ABx8 6, Assembly Committee on Budget, 2010) and (SB 70, Senate Committee on Budget and
Fiscal Review). The gasoline tax changes became operative on July 1, 2010, and the diesel fuel
tax changes on July 1, 2011.
The fuel tax swap was partly enacted, to allow the use of additional existing transportation
revenue for highway purposes, including General Obligation bond debt service, where that debt
service was related to transportation projects.
The swap bills exempted sales and purchases of gasoline from the state sales and use tax rate.
To offset the revenue loss related to this partial exemption, the law increased the gasoline excise
tax rate from $0.18 per gallon to $0.353 per gallon. Conversely, the measure reduced the diesel
fuel excise tax rate from $0.18 to $0.13 per gallon, but increased the sales and use tax rate on
diesel fuel sales to offset the loss related from the reduction, resulting in the following rates:
1.87%, effective July 1, 2011,
2.17%, effective July 1, 2012,
1.94%, effective July 1, 2013,
1.75%, effective July 1, 2014, and thereafter.
The fuel tax swap provisions require BOE to maintain revenue neutrality, so that the revenues
derived from the increased gasoline excise tax and the increased diesel sales and use tax equals
the revenues that would have been derived had the gasoline sales and use tax partial exemption
and the diesel fuel excise tax reduction, respectively, not occurred.
To maintain revenue neutrality, state law requires BOE to annually adjust the gasoline and diesel
fuel excise tax rates either upward or downward. For gasoline, the BOE determines: (1) whether
the sales and use tax revenue loss related to the partial exemption was fully offset by the adjusted
rate, and (2) the projected sales and use tax revenue loss for the next fiscal year, considering
forecasted gasoline prices and consumption. For diesel fuel, the BOE determines: (1) whether
the revenue gain from the increased sales and use tax rate on diesel fuel sales and purchases was
119
SB 321 (Beall) 3/26/15 Page 2 of 3
fully offset by the adjusted diesel fuel excise tax rate, and (2) the projected sales and use tax
revenue gain for the next fiscal year, considering forecasted diesel fuel prices and consumption.
By March 1 each year, the BOE must determine the rate adjustments and the adjusted rate
applies on the following July 1.
Proposed Law
Senate Bill 321 amends the method BOE uses to adjust the excise tax on fuel. Specifically, AB
321 does the following:
For Fiscal Year (FY) 2015-16, requires BOE to adjust the excise tax rate based on a five-
year average that relies on fuel price data, from the immediately preceding four years and
estimated fuel prices for the current fiscal year, to generate a forecasted fuel price that is
weighted primarily by known fuel price data. That adjusted rate must be determined by
July 1, 2015, and that rate would be effective for 2015-16.
Beginning 2016-17, BOE would follow the same estimate methodology as above, but the
rate would be adjusted by March 1 of the fiscal year immediately preceding the
applicable fiscal year.
For true-up rate adjustments made after January 1, 2015, BOE can make partial
adjustments over a three-year period, to take into account the net revenue gain or loss of
any fiscal year in order to reduce potential revenue volatility.
If changes in either fuel prices or consumption in the state occur, the BOE may adjust the
rate before March 1, but not sooner than six months between the intervening adjustments.
This bill contains an urgency clause, and becomes effective immediately.
State Revenue Impact
None.
Comments
1. Purpose of the bill. According to the author, “The Board of Equalization (BOE) annually
adjusts the price-based portion of the excise tax on gasoline in order to collect roughly the same
amount of revenue, as the state would have collected if it still charged a sales tax on gasoline.
Difficulty in forecasting gas prices inevitably results in either over- or under-collecting revenue
and future adjustments must reconcile this discrepancy. The reconciling adjustment, or “true
up,” leads to volatility from year to year. Uncertainty, in future revenue puts a significant strain
on state and local governments when preparing their multiyear transportation budgets. SB 321
makes changes to the administrative process, for setting the price-based excise tax in order to
give BOE the tools necessary to reduce the overall volatility of this revenue.”
2. Reduction in volatility. SB 321 attempts to reduce the volatility of revenues received by local
governments. The fuel price component has the biggest impact on the fuel excise tax
calculation. The current methodology for forecasting the fuel price component is problematic
because, it does not take into account historical data using only projections. This bill would use
4 years of historical data, which is expected to result in a reduction of wide excise tax rate
swings, and make transportation budgeting less difficult for local governments. Additionally,
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SB 321 (Beall) 3/26/15 Page 3 of 3
when there is a wide excise tax rate swing, the bill allows the swing to be paid over a three year
period, reducing its impact.
3. Related legislation. SB 433 (Berryhill) would require the Department of Finance, instead of
the BOE, to determine the annual excise tax rate adjustment for gasoline and diesel fuel under
the “fuel tax swap” provisions.
4. Urgency clause. Regular legislation takes effect on the January 1 following its passage, but
urgency bills take effect as soon as they're passed, signed, and chaptered. The California
Constitution allows urgency statutes that are "necessary for immediate preservation of the public
peace, health, or safety." SB 321 contains an urgency clause explaining the need for the bill to
take effect immediately.
Support and Opposition (4/9/15)
Support: California State Association of Counties; California Transportation Commission; City
of San Jose; League of California Cities; Rural County Representatives of California; San
Bernardino Associated Governments (SANDAG); Urban Counties Caucus.
Opposition: Unknown.
-- END --
121
SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2015
DEPARTMENT: Community Development Department
PREPARED BY: Erwin Ordoñez, Community Development Director
SUBJECT: Ordinance Amending Article 16
RECOMMENDED ACTION:
Conduct public hearing; introduce and waive the first reading of the attached ordinance updating
Article 16-60 of the City Code; and direct staff to place the ordinance on the Consent Calendar
for adoption at the June 3, 2015 City Coun
BACKGROUND:
In the early 1980s, the Saratoga Fire District
reporting system commonly referred to as EWAS.
alarms, provided early reporting of fires
deployment of fire engines prior to receiving notification by phone.
the Fire Department to arrive on scene faster and, according to
damage in several incidents. The specifications of the monitoring and communication
equipment has historically been established by
With the demolition of the old Fire Station in 2003
function of EWAS. Since then notification of alarm activations
Communications (9-1-1) to dispatch fire engines.
to exclusively use the alarm monitoring company that has SFD has contracted with. Recently
SFD has expressed desire to change that requirement and allow owners to select their own
monitoring company. With the constantly changing s
systems SFD also desires to refer exclusively to the California Building, Residential, an
Codes instead of maintaining their own standards for EWAS.
The SFD Board of Commissioners is scheduled to consider
May 26, 2015 that mirrors what the City Council is considering with the attached ordinance.
Representatives from the Saratoga Fire District and County Fire will be
meeting to answer any questions regarding
Council take action on the second reading of the
May 26th meeting when they are scheduled to introduce
SARATOGA CITY COUNCIL
Community Development Department
Erwin Ordoñez, Community Development Director
Ordinance Amending Article 16-60 - Early Warning Fire Alarm System
Conduct public hearing; introduce and waive the first reading of the attached ordinance updating
of the City Code; and direct staff to place the ordinance on the Consent Calendar
City Council meeting.
In the early 1980s, the Saratoga Fire District (SFD) and the City introduced an early warning fire
reporting system commonly referred to as EWAS. The system, through smoke detectors and
alarms, provided early reporting of fires directly to the Saratoga Fire Station enabling
deployment of fire engines prior to receiving notification by phone. This early warning enabled
the Fire Department to arrive on scene faster and, according to SFD, helped reduce major fire
The specifications of the monitoring and communication
established by SFD.
With the demolition of the old Fire Station in 2003, SFD started contracting out the monitoring
otification of alarm activations are forwarded to County
1) to dispatch fire engines. Every owner of an EWAS system is required
to exclusively use the alarm monitoring company that has SFD has contracted with. Recently
ed desire to change that requirement and allow owners to select their own
With the constantly changing specifications of fire detection and alarm
SFD also desires to refer exclusively to the California Building, Residential, an
Codes instead of maintaining their own standards for EWAS.
is scheduled to consider changes to their local ordinance on
May 26, 2015 that mirrors what the City Council is considering with the attached ordinance.
esentatives from the Saratoga Fire District and County Fire will be at the City Council
meeting to answer any questions regarding these proposed changes. Staff is recommending the
ion on the second reading of the ordinance on June 3rd, which is after
meeting when they are scheduled to introduce their ordinance.
Early Warning Fire Alarm System
Conduct public hearing; introduce and waive the first reading of the attached ordinance updating
of the City Code; and direct staff to place the ordinance on the Consent Calendar
an early warning fire
The system, through smoke detectors and
directly to the Saratoga Fire Station enabling
This early warning enabled
, helped reduce major fire
The specifications of the monitoring and communication
SFD started contracting out the monitoring
forwarded to County
Every owner of an EWAS system is required
to exclusively use the alarm monitoring company that has SFD has contracted with. Recently
ed desire to change that requirement and allow owners to select their own
pecifications of fire detection and alarm
SFD also desires to refer exclusively to the California Building, Residential, and Fire
changes to their local ordinance on
May 26, 2015 that mirrors what the City Council is considering with the attached ordinance.
at the City Council
changes. Staff is recommending the
ch is after the SFD
122
SUMMARY:
The attached ordinance would amend Article 16-60 of the City Code to be consistent with the
changes supported by the Saratoga Fire District. The changes in the ordinance are summarized
below:
· Removes the requirement that SFD directly receive notification of an alarm activation.
· Clarifies that all new and existing structures (expanding by fifty percent or more,)
classified as “R” occupancies and located within the Wildland-Urban Interface Fire Area
are required to have EWAS installed.
· Refers directly to the current versions of the California Building, Residential, and Fire
Codes for the required components of EWAS.
· Removes reference to separate fire districts.
· Removes the requirement to record a notice on the property that the homeowner pay an
administrative fee to SFD to maintain EWAS.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The public hearing for this item was property noticed in the Saratoga News on April 24, 2015.
ATTACHMENTS:
Attachment A – Draft Ordinance
Attachment B – Wildland-Urban Interface Fire Map
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Page 1 of 9
ORDINANCE NO. ____
AN ORDINANCE AMENDING CHAPTER 16-60 OF THE SARATOGA CITY CODE
THE COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. Saratoga City Code Chapter 16-60 Early Warning Fire Alarm System specifies
requirements for notification to the Saratoga Fire District and alarm standards and
requirements established by the Saratoga Fire Protection District by resolution. The
requirements of the Saratoga Fire Protection District have changed.
2. The City Council of the City of Saratoga wishes to amend the City Code to mirror alarm
standards and requirements of the Saratoga Fire Protection District.
3. The City Council of the City of Saratoga held a duly noticed public hearing on May 6,
2015, 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.
Section 16-60 of the Saratoga City Code is amended as set forth in Attachment 1. 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 is readopted by this
ordinance.
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
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Page 2 of 9
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA. In this circumstance the amendments to the existing City Code and related sections
and additions of provisions and reference appendices to the existing Code; the amendments and
additions would have a de minimis impact on the environment.
Section 4. Publication.
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 6th day of May 2015 and was
adopted by the following vote on June 3, 2015.
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
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ATTACHMENT 1 – AMENDMENTS TO CITY CODE 16-60
Article 16-60 - EARLY WARNING FIRE ALARM SYSTEM
16-60.010 Findings; requirement for installation of 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.
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(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. Installation of an early warning
fire alarm system in accordance with the provisions of this Article is required as a
condition for the granting of any building or other permit under this Chapter 16 in each of
the following cases:
(1) All new single-family dwellings residential structures classified as "R"
occupancies in the most recent version of the California Building Code,
commercial structures and community facilities located within the designated
Wildland-Urban Interface Fire Area.
(2) Any existing single-family dwelling structure classified as an "R" occupancy in
the most recent version of the California Building Code, 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 residential 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 residential 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 "R" occupancies, commercial structures and
community facilities. Where an existing commercial structure or community facility is
remodeled 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 this Article as a condition for the granting of any
building or other permit under this Chapter 16. The determination by the Fire Chief shall
be based upon any one or more of the following considerations:
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(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 defined in Chapter 15; 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.
16-60.020 Required components.
Each early warning fire alarm system installed pursuant to this Code shall be connected to a
monitoring station in such manner as may be specified by the Saratoga Fire District and shall be
installed, operated, and maintained in compliance with the applicable standards and requirements
for installation, operation and maintenance of the system, as established from time to time by
resolution of the Board of Fire Commissioners of the Saratoga Fire District. A copy of the latest
adopted standards and requirements shall be kept on file and made available to the public in the
office of the Community Development Department.
Early warning alarm systems shall comply with the current adopted California Building
Code and California Residential Code as amended by this section.
(a) R-3 occupancies shall provide a “Household fire alarm system” required by the
California Residential Code for Smoke Alarms (2013 CRC section R314) and
installed in accordance with NFPA 72 (2010 NFPA 72 chapter 29) or current
equivalent adopted code.
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(b) All occupancies, other than R-3 listed above, shall have Fire alarm systems
installed in accordance with the California Fire Code (2013 CFC Section 907) with
no exceptions allowed for occupant load.
16-60.030 Plan check by Fire District.
(a) All documentation relative to the proposed installation shall be submitted to the Fire
District for approval. Where property is located within the jurisdiction of the Central
Fire District, one copy of such documentation shall be furnished to the Chief of such
District and one copy of such documentation shall also be furnished to the Chief of the
Saratoga Fire District who shall determine whether the installation will comply with the
applicable standards for the proposed system. The documentation shall include all
plans, specifications, diagrams, data sheets, manufacturer's recommendations, and other
information and documents listed in the standards and requirements adopted by the
Saratoga Fire District, and such additional items pertaining to the proposed system as
may be requested by the District. Notwithstanding any other provisions of this Code,
alternatives to the adopted standards and requirements may be approved if the Chief of
the Fire District having jurisdiction over the property where an alternative is to be
installed determines that such alternative will perform the early warning notification
function as well or better than the adopted standards. The Saratoga Fire District shall be
furnished a copy of documentation for all approved alternate installations.
(b) The Fire Districts may establish a fee for the plan checking services rendered pursuant
to this Section.
16-60.040 Qualifications and responsibilities of installer.
All early warning fire alarm systems shall be installed by a person holding a valid fire
protection engineering license, or a qualified and experienced contractor with a valid C-10
Electrical Contractor's License issued by the California Contractors State License Board. All
such systems shall be installed in a workmanlike manner and in accordance with the
specifications and standards approved by the Fire District. Upon completion of the installation,
the licensed installer shall instruct the property owner, or his designated representative, in the use
of the system and shall provide applicable manufacturer's operating manuals.
16-60.050 Inspections by Fire District.
The Fire District having jurisdiction over the property shall be responsible for conducting
inspections and approving or disapproving any system installed in a structure pursuant to this
Article. The Fire Districts may establish a fee for the inspection services rendered pursuant to
this Section. The licensed installer shall provide the Fire District having jurisdiction with a set of
as built plans for the system.
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16-60.055 Recorded notice of fire alarm system.
(a) Prior to the issuance of a certificate of occupancy or its equivalent for any
improvements for which an early warning fire alarm system has been required
pursuant to this Code, a disclosure form giving notice of such fire alarm system shall
be recorded in the office of the Recorder of Santa Clara County. The disclosure shall
be signed by an authorized representative of the Saratoga Fire District and shall
contain the following information:
(1) The address and legal description of the property on which the early warning fire
alarm system has been installed.
(2) A general description of the fire alarm system, including the locations within the
structure where components of the system have been installed.
(3) A reference to the permit or other development approval granted by the City which
required installation and continued operation of the fire alarm system.
(4) The obligation of the property owner to maintain the fire alarm system in good
condition and repair.
(5) The obligation of the property owner to pay an administrative fee to the Saratoga
Fire District for monitoring the fire alarm system. If such fee also includes the cost
of other services provided by the District in connection with the early warning fire
alarm system, the nature and extent of such services shall be described in the
notice.
(6) The job title, address and telephone number of an authorized representative of the
Saratoga Fire District who may be contacted if the property owner requires any
assistance or has any questions concerning the early warning fire alarm system.
(b) With the written consent of the property owner, the Chief of the Saratoga Fire District
or his or her authorized representative may execute and record a disclosure notice
containing the information set forth in subsection (a) of this Section, for any property
on which an early warning fire alarm system has been or will be installed without the
requirement for recordation of the disclosure notice.
16-60.060 Voluntary installation.
Nothing contained in this Article shall prohibit any person from voluntarily installing and
maintaining an early warning fire alarm system as described in this Article in any type of
building or structure within the City, subject only to appropriate arrangement for such
installation and maintenance being made between the owner and the Chief of the Saratoga Fire
District.
16-60.070 Violations; delegation of enforcement authority.
130
Page 8 of 9
(a) Any violation of this Article shall constitute an infraction and a public nuisance for
which penalties may be imposed and other relief sought as provided in Chapter 3 of
this Code. As a separate or cumulative remedy, a Notice of Code Violation may also
be recorded pertaining to such violation, in accordance with the provisions of Section
16-60.080
(b) In addition to any other persons having enforcement authority, the Chief of the Fire
District having jurisdiction over the property on which an early warning alarm system
is installed, or the Fire Chief's designated representative, shall have authority to
enforce the provisions of this Article.
16-60.080 Recorded notice of code violation.
(a) Whenever the Chief of the Fire District having jurisdiction over the property on
which an early warning alarm system is installed, or the Fire Chief's designated
representative ("Fire Chief") has knowledge of a violation of any provision of this
Article, the Fire Chief may give written notice of such violation to the owner of the
property on which the early warning fire alarm system has been installed. Violations
may include failure to install, operate, or maintain the alarm system in accordance
with the applicable standards and requirements adopted by the Saratoga Fire District,
or failure to connect the alarm system to a monitoring station as specified by the
Saratoga Fire District. Such notice shall be mailed to person and address as shown
on the records of the Fire District, or if such record does not exist or is known to be
inaccurate, to the person and address as shown on the latest available County
assessment roll or as otherwise known to the Fire Chief.
(b) If the property owner fails to correct the violation within the time specified in the
notice, or such additional time as may be granted by the Fire Chief, a further written
notice may be given of the Fire Chief's intention to record a Notice of Code
Violation in the office of the County Recorder. The notice of intent shall describe the
nature of the violation and inform the owner that a Notice of Code Violation will be
recorded unless a hearing before the Board of Fire Commissioners of the Saratoga
Fire District is requested by the owner within twenty days from the date of the
notice.
(c) In the event a hearing is not requested and the violation has not been corrected, or in
the event that after the conduct of a hearing by the Board of Fire Commissioners of
the Saratoga Fire District, and consideration of all evidence presented thereat by the
owner, the Board determines that a violation of this Article in fact exists, the Fire
Chief may record a Notice of Code Violation in the office of the County Recorder.
(d) At the request of the affected property owner or other interested person and upon
determination by the Fire Chief that the violation described in the Notice has been
fully corrected and no longer exists, the Fire Chief shall furnish to the owner or other
interested person a notice of expungement of the previously recorded Notice of Code
Violation.
131
Page 9 of 9
(e) The recording of a Notice of Code Violation pursuant to this Section shall be in
addition to any other rights, remedies or actions available to the Fire District by
reason of the same violation as described in the notice.
638519.1
676880.2
132
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Legend
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Wildland-Urban Interface
Saratoga City Limits
Saratoga Sphere of Influence
Surrounding City Boundaries
SAFETY ELEMENT
Fire Hazard Zones
Exhibit 7
0 1,500 3,000750 Feet
Prepared by RBF Consulting: 12/04/2012
Sources: City of Saratoga - Zoning Map (2010) Wildland-Urban Interface Fire Area Map (2009) : ESRI Terrain Basemap
County of Santa Clara - CityLimits (2010) StreetEdge (2009) : CA Dept of Forestry and Fire Protection (2007)
C ITY OFSARATOGA
Fire Station
133
SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2015
DEPARTMENT: City Attorney’s Office
PREPARED BY: Richard Taylor, City Attorney
SUBJECT: Amendment to Lease Agreement with Hakone Foundation
RECOMMENDED ACTION:
Approve amendment to lease agreement with Hakone Foundation to reduce the number of
members of the Board of Trustees from fifteen to nine
BACKGROUND:
The Hakone Foundation leases Hakone Gardens from the City pursuant to a long term lease.
That lease requires that the Foundation’s Board of Trustees have at least 15 members. The
Foundation has asked that the minimum number be reduced to 9
that size is more appropriate for the size of Hakone’s operations and the functioning of the
Board. (The Foundation’s request is included as Attachment A.)
The attached amendment to the lease agreement
the lease agreement as follows:
23.5 The by-laws of the Hakone Foundation shall require that the Board of Trustees
comprised of no less than a minimum of nine (9) Trustees and a maximum of
(15) persons at all times during the term of this lease. Tenant shall make reasonable effort
to provide that no less than one third of
Saratoga.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Foundation would not be allowed to reduce the size of its Board which could reduce the
Board’s operational effectiveness.
FOLLOW UP ACTION:
Staff will circulate the lease amendment for signature.
SARATOGA CITY COUNCIL
City Attorney’s Office
Richard Taylor, City Attorney
Amendment to Lease Agreement with Hakone Foundation
lease agreement with Hakone Foundation to reduce the number of
from fifteen to nine.
The Hakone Foundation leases Hakone Gardens from the City pursuant to a long term lease.
ation’s Board of Trustees have at least 15 members. The
Foundation has asked that the minimum number be reduced to 9 because they believe a board of
that size is more appropriate for the size of Hakone’s operations and the functioning of the
Foundation’s request is included as Attachment A.)
The attached amendment to the lease agreement (Attachment B) would amend section 23.5 of
laws of the Hakone Foundation shall require that the Board of Trustees
a minimum of nine (9) Trustees and a maximum of fifteen
at all times during the term of this lease. Tenant shall make reasonable effort
to provide that no less than one third of whom the Trustees shall be residents of
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Foundation would not be allowed to reduce the size of its Board which could reduce the
amendment for signature.
lease agreement with Hakone Foundation to reduce the number of
The Hakone Foundation leases Hakone Gardens from the City pursuant to a long term lease.
ation’s Board of Trustees have at least 15 members. The
because they believe a board of
that size is more appropriate for the size of Hakone’s operations and the functioning of the
would amend section 23.5 of
laws of the Hakone Foundation shall require that the Board of Trustees be
fifteen
at all times during the term of this lease. Tenant shall make reasonable effort
residents of
The Foundation would not be allowed to reduce the size of its Board which could reduce the
134
ATTACHMENTS:
Attachment A – Letter from Hakone Foundation (March 24, 2015)
Attachment B – Fourth Amendment to Hakone Lease Agreement
672036.1
135
HAKONE FOUNDATION
P.O. Box 2324
Saratoga, CA 95070
Taxpayer I.D. Number: 77-0054274
March 24, 2015
City Council
City of Saratoga
13777 Fruitvale Ave
Saratoga, CA 95070
RE: Request by Hakone Foundation for the City of Saratoga, City Council, to agree to change the Hakone
Lease 2005 language to match the Foundation’s Bylaws number of Board of Trustees.
Dear City Council
The Board of Trustees, Hakone Foundation is updating its Bylaws. In the process, we realize that the
2005 Lease agreement has a statement.
The Foundations Bylaws has the following statement:
The Foundation shall have a minimum of nine (9) Trustees and a maximum of fifteen (15). Collectively
they shall be known as the Board of Trustees; two positions on the Board of Trustees shall be reserved
and filled exclusively by two members of the City Council of Saratoga, California. The Foundation shall
make reasonable effort to provide that at least three (3) of the Trustees shall be residents of the City of
Saratoga. The number of Trustees which may be seated at any time shall be set by Board resolution
within the minimum and maximum set forth above. The maximum number of Trustees may be changed
by amendment of these Bylaws, or by repeal of these Bylaws and adoption of new Bylaws, as provided in
these Bylaws. The minimum number of Trustees may not be changed.
The Foundation would prefer to have that language “minimum of nine (9) Trustees and a maximum of fifteen (15).”
That number is more fitting for the functioning of the Board and considering the size of the operations.
So The Foundation Board is requesting that the City of Saratoga, City Council, change the wording of the 2005
Lease to match the wording of the Foundation Bylaws.
Thank you for your consideration.
Regards,
Ann Waltonsmith
President
Hakone Foundation Board of Trustees
136
Page 1 of 1
FOURTH AMENDMENT TO
LEASE BETWEEN
THE CITY OF SARATOGA
AND
THE HAKONE FOUNDATION
This agreement amends the lease agreement (hereinafter “Lease”), effective as of May 1, 2005 (and
as amended through May 6, 2015), by and between the City of Saratoga, a Municipal Corporation
(hereinafter "Landlord"), located in the County of Santa Clara, State of California and the Hakone
Foundation, a not for profit corporation organized under the laws of the State of California
(hereafter "Tenant"), pertaining to the City owned property located at 21000 Big Basin Way,
Saratoga, California. This agreement is effective on the date last signed below.
1. Landlord and Tenant agree that section 23.5 of the Lease is hereby replaced in its entirety
with the following:
23.5 The by-laws of the Hakone Foundation shall require that the Board of Trustees
be comprised of a minimum of nine (9) Trustees and a maximum of fifteen (15) at all times
during the term of this lease. Tenant shall make reasonable effort to provide that no less than
one third of the Trustees shall be residents of Saratoga
2. The Lease shall remain unchanged in all respects other than the replacement of Section 23.5
as described above.
Landlord Tenant
By: _________________________
Howard Miller,
Mayor
Date: ________________________
By: _________________________
Shozo Kagoshima
Executive Director, Hakone Foundation
Date: ________________________
Attest:
__________________________
Crystal Bothelio, City Clerk
Date: ________________________
Attest:
__________________________
Secretary of the Board, Hakone Foundation
Date: ________________________
Approved as to Form:
__________________________
Richard Taylor, City Attorney
Date: ________________________
Approved as to Form:
__________________________
General Counsel, Hakone Foundation
Date: ________________________ 672013.1
137
SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2015
DEPARTMENT: Community Development
PREPARED BY: Kate Bear, City Arborist
SUBJECT: The Effects of Drought Stress
RECOMMENDED ACTION:
Receive information regarding drought stressed City
tree removal applications.
BACKGROUND:
The State of California is experiencing an extreme drought
the April snow pack in the Sierras measured at
mandatory water restrictions this week
The lack of rain is having a very significant impact on the City’s trees. Trees that are not drought
tolerant and not adapted to warmer microclimates
redwoods are dying in larger numbers than normal
eucalyptus, Aleppo pines, deodar cedars and coast live oaks are
suffering from the lack of water. In response to the drought
increase in permits to remove dead and dying trees.
Drought stress in trees causes them to be more susceptible to attacks from insect pests and
diseases. Pines are susceptible to attacks from seve
at the tips of the branches, at the larger branches and scaffold limbs, and at the trunk and the base
of the tree. Although Monterey pines are the most susceptible to attacks from beetles, Aleppo
pines and Italian stone pines can suffer from such attacks.
ATTACHMENTS:
Attachment A – Photos of trees
SARATOGA CITY COUNCIL
Community Development
Kate Bear, City Arborist
of Drought Stress on Trees Citywide
drought stressed City-maintained trees, routine maintenance
experiencing an extreme drought that has lasted for several years
measured at 6% of normal, and the governor announcing
this week.
significant impact on the City’s trees. Trees that are not drought
adapted to warmer microclimates, such as Monterey pines, birch trees and
in larger numbers than normal. Even drought tolerant species such as
deodar cedars and coast live oaks are showing signs of stress and
In response to the drought the City is experiencing a 30%
increase in permits to remove dead and dying trees.
Drought stress in trees causes them to be more susceptible to attacks from insect pests and
Pines are susceptible to attacks from several different types of beetles, which can attack
at the tips of the branches, at the larger branches and scaffold limbs, and at the trunk and the base
of the tree. Although Monterey pines are the most susceptible to attacks from beetles, Aleppo
uffer from such attacks.
routine maintenance and
years, with
and the governor announcing
significant impact on the City’s trees. Trees that are not drought
irch trees and
. Even drought tolerant species such as
showing signs of stress and
the City is experiencing a 30%
Drought stress in trees causes them to be more susceptible to attacks from insect pests and
can attack
at the tips of the branches, at the larger branches and scaffold limbs, and at the trunk and the base
of the tree. Although Monterey pines are the most susceptible to attacks from beetles, Aleppo
138
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0
SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2015
DEPARTMENT: City Manager Department
PREPARED BY: Monica LaBossiere
Tony McFarlane, Finance Manager
SUBJECT: Council Resolution to Adopt Memorandum of Understanding for the
Saratoga Employee Association (
RECOMMENDED ACTION:
Staff recommends the City Council approve the proposed Memorandum of Understanding
(MOU) and adopt Council Resolution to Adopt Memorandum of Understanding for the
Employee Association (“SEA”) July 1, 2015 to June 30, 2019.
BACKGROUND:
The SEA is the labor organization or exclusive representative of the employees
management employed by the City, excluding employees in the Streets and Parks Division
represented by the “UNION” and the City’s unrepresented classifications.
The current Memorandum of Understanding (MOU) with the
Beginning in February, the SEA and the City have met and discussed the terms and conditions of
employment. Throughout bargaining, the City emphasized its
comparability and “market” average in the establishment and maintenance of salary and benefits
and economic viability of the City as the priority over the short
the City, the community, and its employees.
As of March 17, 2015, the City and the
the SEA membership on April 16, 2015,
The City Council will provide the City’s Negotiating Team final direction on the MOU during
the 5:00 PM Closed Session. If the Council does not request further negotiation than a decision
on the MOU will occur in open session and copies of the MOU
public via the City website and in the Theater Lobby
SARATOGA CITY COUNCIL
Department
Monica LaBossiere, Human Resources Manager
Tony McFarlane, Finance Manager
Council Resolution to Adopt Memorandum of Understanding for the
Saratoga Employee Association (“SEA”) July 1, 2015 to June 30, 2019.
Staff recommends the City Council approve the proposed Memorandum of Understanding
Council Resolution to Adopt Memorandum of Understanding for the
July 1, 2015 to June 30, 2019.
is the labor organization or exclusive representative of the employees and mid
, excluding employees in the Streets and Parks Division
represented by the “UNION” and the City’s unrepresented classifications.
Memorandum of Understanding (MOU) with the SEA expires on June 30
and the City have met and discussed the terms and conditions of
Throughout bargaining, the City emphasized its guiding principles of
comparability and “market” average in the establishment and maintenance of salary and benefits
economic viability of the City as the priority over the short- and long-term for the benefit of
the City, the community, and its employees.
, the City and the SEA reached a tentative agreement and was ratified by
2015, subject to City Council approval.
The City Council will provide the City’s Negotiating Team final direction on the MOU during
the Council does not request further negotiation than a decision
will occur in open session and copies of the MOU will be made available to the
public via the City website and in the Theater Lobby before the Council’s decision.
July 1, 2015 to June 30, 2019.
Staff recommends the City Council approve the proposed Memorandum of Understanding
Council Resolution to Adopt Memorandum of Understanding for the Saratoga
and mid-
, excluding employees in the Streets and Parks Division
June 30, 2015.
and the City have met and discussed the terms and conditions of
guiding principles of
comparability and “market” average in the establishment and maintenance of salary and benefits
term for the benefit of
was ratified by
The City Council will provide the City’s Negotiating Team final direction on the MOU during
the Council does not request further negotiation than a decision
will be made available to the
161
ATTACHMENTS:
Attachment A – Resolution
Attachment B – SEA MOU (Copies will be available to the public prior to the Council’s decision
on the MOU).
162
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING MEMORANDUM OF UNDERSTANDING
FOR THE SARATOGA EMPLOYEE ASSOCIATION (“SEA”)
July 1, 2015 to June 30, 2019
WHEREAS, representatives of the City and the SEA have reached agreement on
matters relating to the employment conditions of said employees, as reflected by the
written Tentative Agreement for the Memorandum of Understanding; and
WHEREAS, the Tentative Agreement for the Memorandum of Understanding
was ratified by the SEA membership on April 16, 2015 and presented to the City Council
on May 6, 2015; and
WHEREAS, this Council finds that the terms and conditions contained in said
Tentative Agreement for the Memorandum of Understanding fair and proper and in the
best interest of the City; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Saratoga the terms and conditions contained in said Tentative Agreement for the
Memorandum of Understanding for the “SEA” July 1, 2015 to June 30, 2019 are hereby
ratified and adopted as the Memorandum of Understanding.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular meeting held on the 6th day of May 2015, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Howard A. Miller, Mayor
ATTEST:
DATE:
Crystal Bothelio,
City Clerk
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