Loading...
HomeMy WebLinkAbout03-18-2015 City Council Agenda PacketPage 1 of 2 AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL MARCH 18, 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: Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board and their Affiliated Local Unions (Union); Saratoga Employee Association; Saratoga Management Organization CONSIDER REQUEST TO EXCUSE COMMISSION ABSENCE – 5:45 P.M. Request from Malika Singh to excuse absence from Youth Commission meeting and restore her position on the Youth Commission. CALL JOINT MEETING TO ORDER – 6:00 P.M. 1. Parks and Recreation Commission and Pedestrian, Equestrian, and Bicycle Trails Advisory Committee Recommended Action: Informational Only ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.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] Page 2 of 2 Certificate of Posting of Agenda: I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on March 12, 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 12th day of March 2015 at Saratoga, California. Crystal Bothelio, City Clerk SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Crystal Bothelio, City Clerk SUBJECT: Request to Excuse Commission Absence RECOMMENDED ACTION: Consider request from Malika Singh to excuse absence from a Youth Commission regular meeting and restore her position on the Youth Commission. BACKGROUND: Per City Council Resolution 12-008, Youth Commissioners who miss two meetings within a school year are automatically removed from the Commission unless the absence is approved by the City Council. Malika Singh has missed two meetings of the Youth Commission this school year (September 6, 2014 and March 10, 2015). On March 11, 2015, Malika Singh submitted an email to the City Clerk requesting the Council excuse one of the absences and restore her position on the Youth Commission. A copy of the email is attached to this report. She has been invited to the March 18, 2015 City Council Special Meeting to explain her request and address City Council questions. ATTACHMENTS: Attachment A – Resolution No. 12-008 Attachment B – Email from Malika Singh RESOLUTION NO. 12 -008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING AND RESTATING RESOLUTION NO. 542-2 RELATING TO THE YOUTH COMMISSION WHEREAS, on November 15, 1972 the City Council of the City of Saratoga duly adopted Resolution No. 542 -2 relating to the terms of office, meeting time, and other matters concerning the Youth Commission; and WHEREAS, the City Council wishes to affirm that resolution with respect to the number of members of the Commission and various other matters and to amend the resolution by (1) deleting the requirement that three members be adults; (2) requiring monthly meetings during the months of September through May; (3) replacing a reference to Roberts Rules of Order with a reference to the City's current rules of parliamentary procedure, (4) providing that a Commissioner who is absent from two meetings within a school year will be automatically removed from the Commission unless the absence is approved by the Council, and (5) prohibiting consecutive full terms for Commissioners appointed after the date of this Resolution. NOW THEREFORE, the City Council of the City of Saratoga does hereby amend and restate Resolution No. 542 -2 as follows: SECTION 1: There is hereby established and created a Youth Commission of the City of Saratoga, which shall be known as the Saratoga Youth Commission, which shall consist of eleven (11) members to be appointed by the Mayor with the approval the City Council. SECTION 2: Upon the first appointment of members to the Youth Commission, four youths shall be appointed for a term of two years, and four youths for a term of one year. Thereafter, successors to the first members shall be appointed for two years. No Commissioner appointed after April 6, 2011 shall serve consecutive full terms. Notwithstanding section 2.12 -040 of the Saratoga City Code, if a Commissioner is absent from two regular Commission meetings during a single academic year, the Commissioner's office becomes vacant and will not be filled until the end of the school year unless the absence is approved by the Council. SECTION 3: The powers of the Youth Commission are advisory only, and it shall render all reports and recommendations directly to the City of Council, unless otherwise directed by the Council. The Commission does not constitute a planning agency with the terms and meaning of Government Code Section 65100 of the State of California. The Commissioners' powers and duties, in such advisory capacity to the City Council, shall include the following: a) To develop and recommend guidelines involving the concerns of youth and the programming and implementation thereof, to the Council; b) Advise the Council generally on matters which concern youth and specifically on the various aspects of the city matters related to youth as may be requested by Council. SECTION 4: The Youth Commission shall meet once a month on a regularly scheduled basis during the months of September through May, the schedule to be determined by the Commission. The Commission shall also meet at such other times as the Commission desires, and establish its own rules of order, conduct of business and procedure except that it shall follow the City of Saratoga Rules of Parliamentary Procedure with respect to matters addressed by those rules. BE IT FURTHER RESOLVED, that any prior resolution concerning the matters set forth herein shall be of no force and effect with respect to any matter set forth herein. PASSED AND ADOPTED by the City Council of the City of Saratoga, this 1 day of February 2012 by the following vote: AYES:Council Member Manny Cappello, Emily Lo, Howard Miller, Mayor Chuck Page NOES:Vice Mayor Jill Hunter ABSENT:None ABSTAIN:None 4, 1 Chuck Page Mayor ATTEST: MP/ IA) Cry l Morrow Ci lerk 2 RESOLUTION NO. 542 -2 A RESOLUTION AMENDING RESOLUTION NO. 542 RELATING TO THE TERMS OF OFFICE AND THE MEETING TIME OF THE YOUTH COMMISSION The City Council of the City of Saratoga does hereby resolve as follows: SECTION 1: There is hereby established and created a Youth Commission of the City of Saratoga, which shall be known as the Saratoga Youth Commission, which shall consist of eleven (11) members to be appointed by the Mayor with the approval of the City Council. SECTION 2: Upon the first appointment of members to the Youth Commission, four youths shall be appointed for a term of two years, and four youths for a term of one year. One adult shall be appointed for a term of one year, and two adults for a term of two years. Thereafter, successors to the first members shall be appointed for two years. SECTION 3: The powers of the Youth Commission are advisory only, and it shall render all reports and recommendations directly to the City Council, unless otherwise directed by the Council. The Commission does not constitute a planning agency with the terms and meaning of Government Code Section 65100 of the State of California. The Commissioners' powers and duties, in such advisory capacity to the City Council, shall include the following: a) To develop and recommend guidelines involving the concerns of youth, and the programming and implementation thereof, to the Council; b) Advise the Council generally on matters which concern youth and specifically on the various aspects of city matters related to youth as may be requested by the Council. SECTION 4: The Youth Commission shall meet twice a month on a regularly scheduled basis, the weekday designation to be determined by the Commission. The Commission shall also meet at such other times as the Commission desires, and establish its own rules of order, conduct of business and procedure. Roberts' Rules of Order shall be followed on all matters pertaining to par- The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the City of Saratoga at a regular meeting held on the 15th day of November 1972, by the following vote: AYES: Councilmen Smith, Dwyer, Bridges, Diridon and Kraus NOES: Nofl ABSENT: None s ir 1 YOR ATTEST: C IT CLERK RESOLUTION NO: 11- 020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING AND RESTATING RESOLUTION NO. 542-2 RELATING TO THE YOUTH COMMISSION WHEREAS, on November 15, 1972 the City Council of the City of Saratoga duly adopted Resolution No. 542 -2 relating to the terms of office, meeting time, and other matters concerning the Youth Commission; and WHEREAS, the City Council wishes to affirm that resolution with respect to the number of members of the Commission and various other matters and to amend the resolution by (1) deleting the requirement that three members be adults; (2) requiring monthly meetings during the months of September through May; (3) replacing a reference to Roberts Rules of Order with a reference to the City's current rules of parliamentary procedure, (4) providing that a Commissioner who is absent from two meetings within a school year will be automatically removed from the Commission, and (5) prohibiting consecutive full terms for Commissioners appointed after the date of this Resolution. NOW THEREFORE, the City Council of the City of Saratoga does hereby amend and restate Resolution No. 542 -2 as follows: SECTION 1: There is hereby established and created a Youth Commission of the City of Saratoga, which shall be known as the Saratoga Youth Commission, which shall consist of eleven (11) members to be appointed by the Mayor with the approval the City Council. SECTION 2: Upon the first appointment of members to the Youth Commission, four youths shall be appointed for a term of two years, and four youths for a term of one year. Thereafter, successors to the first members shall be appointed for two years. No Commissioner appointed after April 6, 2011 shall serve consecutive full terms. Notwithstanding section 2.12 -040 of the Saratoga City Code, if a Commissioner is absent from two regular Commission meetings during a single academic year, the Commissioner's office becomes vacant and shall be filled as any other vacancy. SECTION 3: The powers of the Youth Commission are advisory only, and it shall render all reports and recommendations directly to the City of Council, unless otherwise directed by the Council. The Commission does not constitute a planning agency with the terms and meaning of Government Code Section 65100 of the State of California. The Commissioners' powers and duties, in such advisory capacity to the City Council, shall include the following: a) To develop and recommend guidelines involving the concerns of youth and the programming and implementation thereof, to the Council; b) Advise the Council generally on matters which concern youth and specifically on the various aspects of the city matters related to youth as may be requested by Council. SECTION 4: The Youth Commission shall meet once a month on a regularly scheduled basis during the months of September through May, the schedule to be determined by the Commission. The Commission shall also meet at such other times as the Commission desires, and establish its own rules of order, conduct of business and procedure except that it shall follow the City of Saratoga Rules of Parliamentary Procedure with respect to matters addressed by those rules. BE IT FURTHER RESOLVED, that any prior resolution concerning the matters set forth herein shall be of no force and effect with respect to any matter set forth herein. PASSED AND ADOPTED by the City Council of the City of Saratoga, this 6th day of April, 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN:J LUG Howard A. Miller Mayor ATTEST: DATE:7-20/. Ann Sullivan City Clerk 2 1 City Clerk [Crystal Bothelio] From:Malika Singh Sent:Wednesday, March 11, 2015 9:54 AM To:City Clerk [Crystal Bothelio] Subject:Appealing to City Council Hi Mrs. Bothelio, My name is Malika Singh and I am on the Youth Commission. Currently, this is my first year on the commission and I have attended all of the secondary meetings, as well as all of the wonderful events that the commission has put on. I have been committed to the commission because of my love for everything we do. Though what the youth commission does is amazing, I must say that I have missed two official meetings. The reason for my absence during the first meeting of the commission is due to the fact that I was out of the country. When I was notified of the date of the first meeting, my nonrefundable plane ticket had already been purchased and there was nothing I could do. On March 10th, I had missed the second meeting because of the amount of stress I have encountered during this week. I had not gotten much sleep the night before, and was studying when I lost track of time. I would like to formally apologize, and I would like to appeal to the city council for my position on the commission. This really does mean a lot to me, and I appreciate the opportunities I have been given thus far. If given the opportunity, I will not squander any chances given, and will not miss any more meetings. Sincerely, Malika Singh     City of Saratoga  CITY COUNCIL JOINT MEETING Meeting Discussion Topics      Joint Meeting with Parks and Recreation Commission and  Pedestrian, Equestrian, and Bicycle Trails Advisory Committee  March 18, 2015 | 6:00 p.m.  Saratoga City Hall | Administrative Conference Room      6:00 p.m.  Parks and Recreation Commission: Updates and  Work Plan   6:25 p.m. Pedestrian, Equestrian, and Bicycle Trails  Advisory Committee: Updates and Work Plan  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.     PARKS AND RECREATION COMMISSION WORK PLAN, MEMBERSHIP, DUTIES      WORK PLAN    Project Name  Objective Tasks  Movie Night  To build stronger community  relations and gathering families  by hosting events at City parks   Continue outdoor movie night series in the  summer until a community champion volunteers  to take over the effort.  Let’s Walk  Saratoga  To continue promoting a healthy  lifestyle by informing residents  about park and trail locations and  amenities.  Coordinate guided walks at the Quarry Park and  trails in Saratoga to support the City’s Let’s Move!  initiative and continue to build participation rate.  Nesting Boxes  To enhance biodiversity and  greater understanding of urban  wildlife.     Consider working with West Valley College Parks  Management Department to monitor the nesting  boxes beginning in November to prepare for the  2015 calendar.        CURRENT MEMBERSHIP    Name Term Ending Elig. for Reappointment Renee Paquier 9/30/15 Yes Terence Ward 9/30/16 Yes Ping Li 9/30/17 Yes Rick Pearce 9/30/17 Yes Pallavi Sharma 9/30/18 Yes       RESOLUTION NO. 432 – POWERS & DUTIES    The powers of the Parks and Recreation Commission are advisory only and it shall render all reports and  recommendations directly to the City Council, unless otherwise directed by the Council. The Commission does  not constitute a planning agency with the terms and meaning of Government Code Section 65100 of the State  of California. The Commissions' powers and duties, in such advisory capacity to the City Council, shall include  the following:  (a) to recommend a parks and recreation program, and the programming and implementation thereof, to the  Council;  (b) advise the Council specifically on design, use, development, financing, care and maintenance of parks and  playgrounds; landscaping along thoroughfares and other City streets; walkways, pathways, equestrian  paths, streambeds, protection and promulgation of trees, and such other matters as may be requested by  the Council.    PEDESTRIAN, EQUESTRIAN, AND BICYCLE TRAILS ADVISORY  COMMITTEE (PEBTAC) MEMBERSHIP AND DUTIES      CURRENT MEMBERSHIP    Jim Stallman, Chair  Ray Cosyn, Citizen Advisor  Marianne Swan, Citizen Advisor  Ann Waltonsmith, Citizen Advisor    MISSION    It is the mission of the Pedestrian, Equestrian, and Bicycle Trails Advisory Committee to advise  the city regarding the planning, acquisition, and development of trails and sidewalks and to  maintain the trails network to enhance the quality of life in Saratoga.     The PEBTAC serves as an advisory committee to the Public Works Director. Members of the  PEBTAC are appointed by the Public Works Director.   Table of Contents Agenda 3 Commendation Recognizing Mary-Lynne Bernald and Pragati Grover for Service on the Planning Commission Staff Report 9 Attachment A - Commendation for Mary-Lynne Bernald 10 Attachment B - Commendation for Pragati Grover 11 Commissioner Appointment and Oath of Office Staff Report 12 Attachment A - Resolution of Appointment 13 Attachment B - Oaths of Office 14 City Council Meeting Minutes Staff Report 16 Attachment A - Minutes for the Special and Regular City Council Meeting on March 4, 2015 17 Review of Accounts Payable Check Registers Staff Report 24 03/03/2015 Check Register 25 03/10/2015 Check Register 29 03/11/2015 Check Register 35 Treasurer’s Report for the Month Ended January 31, 2015 Treasurers Report for the Month Ended January 31, 2015 37 Second Reading of Ordinance Amending Chapter 11 of the City Code (Electronic Smoking Devices & Flavored Tobacco) Staff Report 44 Attachment A - Ordinance Amending Chapter 11 of the City Code 45 Highway 9 Safety Improvement Project, Phase IV - Cooperative Agreement and Design Contract Approval Staff Report 48 Attachment A - Resolution approving Cooperative Agreement Highway 9 Phase IV 51 Attachment B - Cooperative Agreement with Monte Sereno for Highway 9 Phase IV 52 Attachment C - Independent Contractor Agreement with BKF 60 Attachment D - Budget Resolution 83 Public Hearing on Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Weeds) Staff Report 84 Attachment A - Resolution Ordering Abatement of Hazardous Vegetation 86 Attachment B - 2015 Weed Abatement Program Commencement Report 88 Attachment C - Resolution 14-073 Declaring Hazardous Vegetation (Weeds) to be a Public Nuisance 93 1 Attachment D - Resolution 15-002 Declaring Abatement of a Public Nuisance as to Specified Properties Containing Hazardous Vegetation 100 Allocation of Street Closure Grant Funds Staff Report 107 Attachment A: Classic Car Show Street Closure Grant Application 108 Allocation of Community Event Grant Program Funds Staff Report 109 Attachment A: Summary of Community Event Grant Applications 112 Attachment B: Community Event Grant Applications 114 Attachment C: History of Community Event Grant Allocations 151 Council Resolution to Adopt Memorandum of Understanding for the “UNION” (Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board And Their Affiliated Local Unions) July 1, 2015 to June 30, 2019. Staff report 153 Attachment A: Resolution 155 Refinement of City Story Pole Requirements Staff report 156 Attachment A- Summary Matrix 158 Attachment B:Story Pole Requirements from other Cities 159 Modification to the Project Background for Capital Improvement Project No. 9331-002 - Community Cool Roof Replacement. Staff Report 187 Attachment A: Resolution 189 Attachment B: Project Page 190 Donation Policy Staff Report 191 Attachment A - Resolution Establishing City of Saratoga Donation Policy 192 Attachment B - Proposed City of Saratoga Donation Policy 193 2 Page 1 of 6 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA The agenda for this meeting was properly posted on March 12, 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. Commendation Recognizing Mary-Lynne Bernald and Pragati Grover for Service on the Planning Commission Recommended action: Present commendations to Mary-Lynne Bernald and Pragati Grover recognizing their service on the Saratoga Planning Commission. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL MARCH 18, 2015 3 Page 2 of 6 2. Commissioner Appointment and Oath of Office Recommended action: Adopt the resolution appointing Sunil Ahuja and Joyce Hlava to terms on the Planning Commission that begin April 1, 2015 and end March 31, 2019. 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. 3. City Council Meeting Minutes Recommended action: Approve the City Council minutes for the Special and Regular City Council Meeting on March 4, 2015. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 3/3/2015 Period 9 3/10/2015 Period 9 3/11/2015 Period 9 5. Treasurer’s Report for the Month Ended January 31, 2015 Recommended action: Review and accept the Treasurer’s Report for the month ended January 31, 2015. 6. Second Reading of Ordinance Amending Chapter 11 of the City Code (Electronic Smoking Devices & Flavored Tobacco) Recommended action: Waive the second reading and adopt the attached ordinance updating Chapter 11 of the City Code. 7. Highway 9 Safety Improvement Project, Phase IV - Cooperative Agreement and Design Contract Approval Recommended action: 1. Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Saratoga and the City of Monte Sereno for the Highway 9 Safety Improvement Project Phase IV. 2. Approve an Independent Contractor Agreement with BKF Engineers in the amount of $32,195 for engineering services, authorize the City Manager to execute the same and authorize staff to approve additional costs up to 10% of the contract amount ($3,200) as a project contingency. 3. Approve budget adjustment. 4 Page 3 of 6 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. 8. Public Hearing on Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Weeds) Recommended action: Open the public hearing, listen to public testimony, and close public hearing. Consider any objections to the proposed Order for Abatement of Hazardous Vegetation and sustain or overrule any objections as to specific properties. Adopt the resolution ordering abatement as to specified properties (with modifications if any objections are sustained). OLD BUSINESS None NEW BUSINESS 9. Allocation of Street Closure Grant Funds Recommended action: Review Saratoga Street Closure Grant application and determine allocation. 10. Allocation of Community Event Grant Program Funds Recommended action: Review the one Saratoga Community Event Grant Program application for this fiscal year and provide direction. Consider grant requests for next fiscal year and determine allocations. 11. Council Resolution to Adopt Memorandum of Understanding for the “UNION” (Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board And Their Affiliated Local Unions) July 1, 2015 to June 30, 2019. Recommended action: Staff recommends the City Council approve the proposed Memorandum of Understanding and adopt Council Resolution to Adopt Memorandum of Understanding for the “UNION” (Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board And Their Affiliated Local Unions) July 1, 2015 to June 30, 2019. 12. Refinement of City Story Pole Requirements Recommended action: Review staff research regarding other cities’ story pole requirements and provided direction to the Planning Commission. 13. Modification to the Project Background for Capital Improvement Project No. 9331-002 - Community Cool Roof Replacement. Recommended action: Adopt a resolution approving the modifications to Capital Improvement Project No. 9331- 002 - Community Center Cool Roof Replacement. 5 Page 4 of 6 14. Donation Policy Recommended action: Adopt resolution establishing the City of Saratoga Donation Policy. 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) 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 6 Page 5 of 6 www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on March 12, 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 12th day of March 2015 at Saratoga, California. Crystal Bothelio, City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 03/18 Regular Meeting – Joint Meeting with Parks & Rec Commission and PEBTAC 04/01 Regular Meeting – Joint Meeting with Library Commission, Librarians, and Friends of Library 04/13 Budget Study Session 04/15 Regular Meeting – Closed Session 04/29 6:00 p.m. Architecture 101 Study Session with Planning Commission and Heritage Preservation Commission – Saratoga Senior Center, Saunders Room 05/06 Regular Meeting – Joint Meeting Chamber of Commerce and Destination Saratoga 05/20 Regular Meeting – Joint Meeting with Mt. Winery and Montalvo Arts 06/03 Regular Meeting – 5:30 p.m. Joint Meeting with HOA’s in Senior Center, Saunders Room 06/17 Regular Meeting – Joint Meeting with Sheriff Office and County Fire 07/01 Regular Meeting – Joint Meeting TBD 07/15 Meeting Cancelled 08/05 Meeting Cancelled 08/19 Regular Meeting – Joint Meeting TBD 09/02 Regular Meeting – Joint Meeting with SASCC CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2015 7 Page 6 of 6 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. 8 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Crystal Bothelio SUBJECT: Commendation Recognizing Mary on the Planning Commission RECOMMENDED ACTION: Present commendations to Mary-Lynne Bernald and Pragati Grover recognizing their service on the Saratoga Planning Commission. BACKGROUND: Mary-Lynne Bernald and Pragati Grover have served on the Planning Commission for a number of years. Mary-Lynne Bernald resigned her position in late 2014 after being elected to the Saratoga City Council. Pragati Grover’s term will end March 31, 2015. ATTACHMENTS: Attachment A - Commendation for Mary Attachment B - Commendation for Pragati Grover SARATOGA CITY COUNCIL March 18, 2015 City Manager’s Office Crystal Bothelio, City Clerk Commendation Recognizing Mary-Lynne Bernald and Pragati Grover for Service on the Planning Commission Lynne Bernald and Pragati Grover recognizing their service on Lynne Bernald and Pragati Grover have served on the Planning Commission for a number Lynne Bernald resigned her position in late 2014 after being elected to the Saratoga City Council. Pragati Grover’s term will end March 31, 2015. Commendation for Mary-Lynne Bernald Commendation for Pragati Grover Lynne Bernald and Pragati Grover for Service Lynne Bernald and Pragati Grover recognizing their service on Lynne Bernald and Pragati Grover have served on the Planning Commission for a number Lynne Bernald resigned her position in late 2014 after being elected to the 9 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING MARY-LYNNE BERNALD FOR HER SERVICE ON THE SARATOGA PLANNING COMMISSION WHEREAS, Mary-Lynne Bernald was first appointed to the Saratoga Planning Commission in 1996, was appointed again to the Planning Commission in February 2009 to fill the position vacated when Susie Nagpal was elected to the City Council in November 2008, and was reappointed in 2011; and WHEREAS, while on the Planning Commission, Mary-Lynne served as Chair from May 2010 to May 2011 and again from April 2014 to November 2014; and WHEREAS, in November 2014, Mary-Lynne Bernald was elected to the Saratoga City Council and consequently resigned her position on the Planning Commission; and WHEREAS, Mary-Lynne contributed to a number of significant projects, including an overhaul of the City’s sign regulations, creation of new residential design guidelines after roughly 30 years, and updates to four elements of the City of Saratoga General Plan – the Circulation and Scenic Highway, Housing, Noise, and Safety Elements; and WHEREAS, Mary-Lynne helped the Commission in reviewing major annexation projects, including South Thunder Ranch and Garrod Ranch; and WHEREAS, Mary-Lynne helped create the new design review criteria for wireless telecommunication facilities, establish a permit process to allow outdoor music in the Village, and redefine impervious surface; and WHEREAS, Mary-Lynne and the Planning Commission also played a key role in notable projects in the community, such as renovations at Congregation Beth David and the Saratoga Woods Conditional Use Permit; and WHEREAS, during her service as a Planning Commissioner, Mary-Lynne demonstrated her dedication to the Saratoga community by helping to negotiate compromise among neighbors and spending countless hours carefully examining issues to help the Planning Commission come to decisions that maintain the quality of life for Saratoga residents. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Mary-Lynne Bernald for her service on the Planning Commission and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of March 2015. Howard A. Miller, Mayor City of Saratoga 10 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING PRAGATI GROVER FOR HER SERVICE ON THE SARATOGA PLANNING COMMISSION WHEREAS, Pragati Grover joined the Saratoga Planning Commission on April 1, 2011; and WHEREAS, as a Planning Commissioner, Pragati and her fellow Commissioners have spent countless hours resolving difficult land use and planning matters; and WHEREAS, throughout her term on the Planning Commission, Pragati helped neighbors come to mutually agreeable solutions and took measures to maintain the quality of life of Saratoga residents for years to come through long-term planning; and WHEREAS, Pragati participated in a number of significant projects, including a comprehensive review and revision to the City’s sign regulations, development of new residential design guidelines, and updates to three elements of the City of Saratoga General Plan – the Housing, Noise, and Safety Elements; and WHEREAS, Pragati helped the Commission in reviewing numerous major annexation projects, including South Thunder Ranch and Garrod Ranch; and WHEREAS, Pragati helped create the new design review criteria for wireless telecommunication facilities, establish a permit process to allow outdoor music in the Village, and redefine impervious surface; and WHEREAS, Pragati will end her term on the Planning Commission on March 31, 2015; and WHEREAS, in the last four years, Pragati has clearly demonstrated her devotion to the Saratoga community through her thoughtful approach, the kindness and consideration she has shown towards her fellow Planning Commissioners and community members, and time spent carefully contemplating decisions and recommendations that will influence the residents of Saratoga for years to come. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Pragati Grover for her service on the Planning Commission and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of March 2015. Howard A. Miller, Mayor City of Saratoga 11 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Crystal Bothelio SUBJECT: Commissioner Appointment and Oath of Office RECOMMENDED ACTION: Adopt the resolution appointing Sunil Ahuja and Joyce Hlava to terms on the Planning Commission that begin April 1, 2015 and end March 31, 2019. BACKGROUND: In January 2015, the City of Saratoga conducted a recruitment for two positions on the Saratoga Planning Commission. The City received a total of 8 applications before the close of the application period on February 24, 2015. March 4, 2015. Following interviews, the City Council selected to Joyce Hlava to serve full terms on the Planning Commission FOLLOW UP ACTION: The City Clerk will update the City’s Commission roster. ATTACHMENTS: Attachment A - Resolution of Appointment Attachment B - Oaths of Office SARATOGA CITY COUNCIL March 18, 2015 City Manager’s Office Crystal Bothelio, City Clerk Commissioner Appointment and Oath of Office Sunil Ahuja and Joyce Hlava to terms on the Planning Commission that begin April 1, 2015 and end March 31, 2019. In January 2015, the City of Saratoga conducted a recruitment for two positions on the Saratoga eceived a total of 8 applications before the close of the application period on February 24, 2015. Applicants were interviewed by the City Council on . Following interviews, the City Council selected to appoint Sunil Ahuja and erve full terms on the Planning Commission. The City Clerk will update the City’s Commission roster. Resolution of Appointment Sunil Ahuja and Joyce Hlava to terms on the Planning In January 2015, the City of Saratoga conducted a recruitment for two positions on the Saratoga eceived a total of 8 applications before the close of the Applicants were interviewed by the City Council on appoint Sunil Ahuja and 12 RESOLUTION 15-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING MEMBERS TO PLANNING COMMISSION WHEREAS, two vacancies on the Planning Commission were created by the resignation of Mary-Lynne Bernald following her election to the Saratoga City Council and the expired term of Pragati Grover; and WHEREAS, the City conducted a recruitment for the Planning Commission and accepted applications until 5:00 p.m. on February 24, 2015; and WHEREAS, the City received a total of 8 applications and the City Council interviewed applicants on March 4, 2015; and WHEREAS, following interviews, the City Council selected appoint Sunil Ahuja and Joyce Hlava to full four-year terms that run from April 1, 2015 to March 31, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby make the following appointment: NAME COMMISSION TERM Sunil Ahuja Planning Commission April 1, 2015 – March 31, 2019 Joyce Hlava Planning Commission April 1, 2015 – March 31, 2019 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of March 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 13 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Sunil Ahuja, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Sunil Ahuja, Member Planning Commission Subscribed and sworn to before me on this 18th day of March 2015. Crystal Bothelio City Clerk 14 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Joyce Hlava, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Joyce Hlava, Member Planning Commission Subscribed and sworn to before me on this 18th day of March 2015. Crystal Bothelio City Clerk 15 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Crystal Bothelio SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the 4, 2015. BACKGROUND: Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. FOLLOW UP ACTION: Minutes will be retained for legislative history and posted on the City of Saratoga website. ATTACHMENTS: Attachment A - Minutes for the Special SARATOGA CITY COUNCIL March 18, 2015 City Manager’s Office Crystal Bothelio, City Clerk City Council Meeting Minutes Approve the City Council minutes for the Special and Regular City Council Meeting on Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. Minutes will be retained for legislative history and posted on the City of Saratoga website. Minutes for the Special and Regular City Council Meeting on March 4, 2015 on March Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to Minutes will be retained for legislative history and posted on the City of Saratoga website. March 4, 2015 16 Page 1 of 7 MINUTES WEDNESDAY, MARCH 4, 2015 SARATOGA CITY COUNCIL SPECIAL MEETING At 4:30 p.m., the City Council conducted Planning Commission interviews in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue. At 6:00 p.m., the City Council held a Joint Meeting with the Traffic Safety Commission. The Special Meeting was continued until after the Regular Meeting. SARATOGA CITY COUNCIL REGULAR MEETING Mayor Howard Miller called the regular meeting to order at 7:01 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Mayor Howard Miller, Vice Mayor Manny Cappello, Council Members Emily Lo, Mary-Lynne Bernald, Rishi Kumar ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Erwin Ordoñez, Community Development Director Michael Taylor, Recreation & Facilities Director Brian Babcock, Administrative Analyst I Debbie Bretschneider, Deputy City Clerk Mainini Cabute, Management Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted on February 26, 2015. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Jill Hunter shared that the America in Bloom judges will be arriving in Saratoga on May 3, 2015. During their stay, the judges will tour Saratoga. Council Member Lo asked Jill Hunter to share information about the St. Paddy’s Day Party. Jill Hunter announced that the St. Paddy’s Day Party will be on March 14 from 2:00 p.m. to 4:30 p.m. in Saratoga Village. The event is free and open to the public and will feature a variety of activities for children. 17 Page 2 of 7 Oral Communications - Council Direction to Staff None Communications from Boards and Commissions Mitch Kane, Chair of the Traffic Safety Commission, provided an overview of the Commission’s Joint Meeting with the City Council. Council Direction to Staff None ANNOUNCEMENTS Council Member Kumar shared that there will be a number of activities on March 6, 2015 to celebrate Saratoga High School’s participation in the 2016 Rose Parade. Representatives of the Pasadena Tournament of Roses will be present for some of the activities. Additionally, the 3rd Annual Hindu New Year Celebration will take place on March 7, 2015. Tickets and information are online at http://www.saratogatemple.org/. Council Member Bernald shared that the Blossom Festival will be held on March 21, 2015 from 10:00 a.m. to 4:00 p.m. in the Heritage Orchard/Civic Center area. The event is free and free parking will be available at West Valley College. More information is available online at http://www.saratogahistory.com/blossomfestival/. Council Member Lo thanked everyone who attended the Lunar Near Year event at Hakone Gardens on March 1. Vice Mayor Cappello shared that there will be orientation sessions this March, April, and May for linkAges TimeBank. This program was established by the Palo Alto Medical Foundation to encourage an intergenerational exchange of volunteer services. Information is online at https://timebank.linkages.org/. Mayor Miller announced that the Recreation Activity Guide was recently mailed to Saratoga residents. The guide includes a variety of classes for all ages and interests, including an ikebana flower arranging class. Additionally, this Saturday there will be a guided tour of the Saratoga Quarry Park at 10:00 a.m. as part of the Parks and Recreation Commission’s Let’s Walk program. Lastly, the City is conducting a recruitment for the Youth Commission. The applications are due May 13, 2015. CEREMONIAL ITEMS 1. Commendation for Grace Chung Recommended action: Present the commendation recognizing Grace Chung. Mayor Miller and members of the City Council presented the commendation to Grace Chung. 18 Page 3 of 7 2. Commendation for Saratoga Federated Church Recommended action: Present the commendation recognizing Saratoga Federated Church. Mayor Miller and members of the City Council presented the commendation to representatives of the Saratoga Federated Church. SPECIAL PRESENTATIONS 3. Special Presentation from the League of California Cities Recommended action: Receive presentation from the League of California Cities. Jessica Stanfill Mullin, Regional Public Affairs Manager for the League of California Cities Peninsula Division delivered a presentation on the League of California Cities. CONSENT CALENDAR 4. City Council Meeting Minutes Recommended action: Approve the City Council minutes for the Special and Regular City Council Meeting on February 18, 2015. CAPPELLO/LO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON FEBRUARY 18, 2015. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 5. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 2/17/2015 Period 8 2/24/2015 Period 8 CAPPELLO/LO MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 2/17/2015 PERIOD 8; AND 2/24/2015 PERIOD 8. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. PUBLIC HEARINGS 6. Ordinance Amending Chapter 11 of the City Code (Electronic Smoking Devices & Flavored Tobacco) Recommended action: Conduct public hearing; introduce and waive the first reading of the attached ordinance updating Chapter 11 of the City Code; and direct staff to place the ordinance on the Consent Calendar for adoption at the next regular City Council meeting. City Clerk Crystal Bothelio presented the staff report. 19 Page 4 of 7 Mayor Miller invited public comment on the item. No one requested to speak. KUMAR/BERNALD MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ATTACHED ORDINANCE UPDATING CHAPTER 11 OF THE CITY CODE AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR CITY COUNCIL MEETING. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. OLD BUSINESS None NEW BUSINESS 7. Summer 2015 Issue of The Saratogan Recommended action: Accept report and direct staff accordingly. Brian Babcock, Administrative Analyst I in the City Manager’s Office, presented the staff report. Mayor Miller invited public comment. No one requested to speak. Council Member Bernald asked if it would be possible to highlight the Sister City Group on the City’s homepage. Council Member Kumar asked about the cost of printing the newsletter. He suggested use of a site like https://www.scribd.com/ or social media sites to make the newsletter more accessible to search engines. He also spoke about his own work with high school interns and suggested that the City could do something similar. Council Member Lo asked that the crime prevention forum scheduled for May 19 be included in the list of events in the newsletter. Vice Mayor Cappello asked that the feature of City parks include information about park locations, amenities, and photos. He also suggested including information about some of the sports user groups. Council Member Lo added that the newsletter could highlight some of the summer camps offered by the Recreation Department. Mayor Miller noted that there will be some upcoming Let’s Walk events at the Quarry Park and he proposed that the dates and times of those events be included in the newsletter. Council Member Bernald suggested that Hakone be included in the article on City parks. 20 Page 5 of 7 Council Member Kumar raised questions about feedback on the newsletter, including whether the City tracks how many people are requesting articles, if the City solicits feedback from the public, and the estimated readership of the newsletter. 8. City Council and Commission Expense Policy Recommended action: Adopt the attached resolution to update the expense policy for City Council Members and City Commissioners. Deputy City Clerk Debbie Bretschneider presented the staff report. Mayor Miller invited public comment on the item. No one requested to speak. RESOLUTION NO. 15-008 CAPPELLO/BERNALD MOVED TO ADOPT THE ATTACHED RESOLUTION TO UPDATE THE EXPENSE POLICY FOR CITY COUNCIL MEMBERS AND CITY COMMISSIONERS. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 9. Village Façade Improvement Program Amendment Recommended action: Approve an amendment to the Village Façade Improvement Grant Program authorizing the City Council Finance Committee to approve applications for Village Façade Improvement Grants. Community Development Director Erwin Ordoñez presented the staff report. Mayor Miller requested public comment on the item. No one requested to speak. RESOLUTION NO. 15-009 KUMAR/BERNALD MOVED TO ADOPT THE RESOLUTION APPROVING THE AMENDMENT TO THE VILLAGE FAÇADE IMPROVEMENT GRANT PROGRAM AUTHORIZING THE CITY COUNCIL FINANCE COMMITTEE TO APPROVE APPLICATIONS FOR VILLAGE FAÇADE IMPROVEMENT GRANTS. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Council Member Lo raised questions about businesses eligible for the program. Mayor Miller suggested that Council Member Lo review the program requirements with Community Development Director Erwin Ordoñez and if changes may be warranted then the item can return to the City Council for further discussion. 21 Page 6 of 7 CITY COUNCIL ASSIGNMENT REPORTS Mayor Howard Miller Council Finance Committee – a meeting is scheduled for March 6, 2015. Valley Transportation Authority (VTA) Policy Advisory Committee – there was a meeting for new Committee Chairs and Board Members that Mayor Miller was invited to attend and speak at. Following the meeting, Mayor Miller met with General Manager Nuria Fernandez. She shared information about priorities for the year, including finishing phase 1 of the Bart to San Jose project and Envision Silicon Valley to determine projects to be included in a transit ballot measure for 2016. She is also very interested in engaging the public. West Valley Solid Waste Management Joint Powers Authority – during the February meeting, the group discussed its work plan for the year and issues that might be of interest to the member cities. Vice Mayor Manny Cappello Santa Clara County Housing and Community Development (HCD) Council Committee – there was a meeting on March 2, 2015 and the Committee established CDBG funding recommendations for the Board of Supervisors to consider and take action on. There were a total of 24 applications for public service funds and the Committee is recommending about $12,000 per eligible applicant. Saratoga Area Senior Coordinating Council (SASCC) – the Board met last week and is in the middle of a strategic planning effort. A letter was sent to the City Manager outlining discussions with Live Oak and efforts to establish a partnership between the two organizations. Additionally, renovation planning is currently underway. West Valley Sanitation District – there is a meeting next week. Council Member Emily Lo Hakone Foundation Board & Executive Committee – there were over 400 attendees at the Lunar New Year event. Overall, the event went smoothly. The centennial kick off took place on February 28, 2015 and a video on the history of Hakone was released. The Board is close to hiring an Executive Director. As soon as the agreement is signed and approved by the Board then the Foundation plans to make an announcement about the new Executive Director. Council Member Lo reported that she attended the League of California Cities Peninsula Division Dinner with Council Members Bernald and Kumar, as well as City Manager James Lindsay. During the dinner, Liz Kniss was selected to serve as the Vice President of the Peninsula Division. Council Member Mary-Lynne Bernald Architecture 101 Ad Hoc Committee – a meeting is scheduled for March 10. Saratoga Historical Foundation – the Blossom Festival is coming up on March 21. The event is free and open to the public. Saratoga Sister City Organization – the Sister City Organization is moving forward with the new website. Additionally, Muko was recognized as an Outstanding City of Culture by the Japanese government. Muko has started planning for its 1,300 year anniversary, which will take place 70 years from now. The Taiko drummers will be performing at the Blossom Festival, as well as other upcoming events, such as Wharf to Wharf and the Rotary Art Show. 22 Page 7 of 7 On March 3, 2015, Council Member Bernald toured the West Valley Community Services facility. She commented that it is a tremendous asset to the community and she appreciated their willingness to offer tours to the Council. Council Member Rishi Kumar Santa Clara County Expressway Plan 2040 Policy Advisory Board – an orientation for new members was held and an overview of the proposed projects was presented. The list of projects includes changes to the intersection of Lawrence Expressway and Saratoga Avenue. Saratoga Ministerial Association – the Ministerial Association received a touching presentation from the Breakout Shelter Network (BOSN) to get members engaged in helping with homelessness. Council Member Kumar shared an update about a meeting he had with City staff regarding community engagement. CITY COUNCIL ITEMS None CITY MANAGER’S REPORT None ADJOURNMENT Mayor Miller explained that following adjournment of the Regular Meeting, the City Council will be returning to the Administrative Conference Room for the continuation of the special meeting to select two Planning Commissioners. CAPPELLO/BERNALD MOVED TO ADJOURN THE REGULAR MEETING AT 8:51 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 23 Gina Scott, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 3/3/2015 Period 9 3/10/2015 Period 9 3/11/2015 Period 9 BACKGROUND: The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report. REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 3/3/15 127501 127532 32 59,961.53 03/03/15 2/24/15 127500 3/10/15 127533 127588 56 221,448.44 03/10/15 3/3/15 127532 Accounts Payable 3/11/15 127589 127589 1 2,405.04 03/11/15 3/10/15 127588 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Dept.Amount 03/10/15 127564 PW 69,042.36 Accounts Payable checks voided during this time period: AP Date Check #Amount 10/21//14 126671 Re-issue 4,461.30 ADVERTISING, NOTICING AND PUBLIC CONTACT: ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Matt Novakovich General Fund Fund Purpose PREPARED BY: Ending Check #Type of Checks Date Starting Check # Accounts Payable Accounts Payable SARATOGA CITY COUNCIL MEETING DATE:March 18, 2015 DEPARTMENT:Finance & Administrative Services South Thunder, LLC 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 Issued to Never Received Check Prior Check Register Checks Released Total Checks Amount Heritage Orch Mtc 24 25 26 27 28 29 30 31 32 33 34 35 36 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant SUBJECT: Treasurer’s Report for the Month Ended January 31, 2015 RECOMMENDED ACTION: Review and accept the Treasurer’s Report for the month ended January 31, 2015. 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 January 31, 2015, the City had $121,103 in cash deposit at Comerica bank, and $19,350,449 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 January 31, 2015 is $19,471,462 and exceeds the minimum limit required. The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Unrestricted Cash Comerica Bank 121,013$ Deposit with LAIF 19,350,449$ Total Unrestricted Cash 19,471,462$ Cash Summary 37 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 19,471,462$ Plus: Assets 333,378 Less: Liabilities (1,646,491) Ending Fund Balance 18,158,349$ Adjusting Cash to Ending Fund Balance 38 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 Fund Descri ption Fund Balance 7/1/14 Increase/ (Decrease) Jul-Dec Current Revenue Current Expenditure Tranfer In Transfer Out Fund Balance 1/31/15 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 (1,276,686) 3,194,968 1,823,192 - - 2,517,415 General Fund Total 11,835,634 (1,276,686) 3,194,968 1,823,192 - 1,833,345 10,097,378 Special Revenue Landscape/Lighting Districts 733,831 (83,537) 249,794 62,492 1,000 - 838,597 Capital Project Street Projects 799,947 (144,427) 10,498 139,809 730,000 - 1,256,209 Park and Trail Projects 560,784 69,056 - 33,179 443,445 - 1,040,105 Facility Projects 206,036 (49,959) 10,380 35,434 479,900 - 610,924 Administrative Projects 166,819 (5,248) 3,909 3,084 220,000 41,000 341,396 Tree Fund Projects 73,186 (1,948) - 11,615 - - 59,624 Park In-Lieu Fees Projects 372,031 - - 4,113 - - 367,918 CIP Grant Street Projects (1,896) (105,636) - 287,482 - - (395,014) CIP Grant Park & Trail Projects 22,874 - - 3,712 - - 19,162 Gas Tax Fund Projects 926,527 160,585 235,590 263,503 - - 1,059,200 CIP Fund Total 3,126,307 (77,575) 260,377 781,931 1,873,345 41,000 4,359,523 Debt Service Library Bond 897,786 (683,486) 504,430 195,093 - - 523,638 Internal Service Fund Liability/Risk Management 283,125 (48,131) 98,750 5,952 - - 327,793 Workers Compensation 281,642 13,803 56,688 41,056 - - 311,076 Office Support Fund 53,121 10,201 14,331 3,725 - - 73,927 Information Technology Services 262,069 1,693 106,785 46,015 - - 324,532 Equipment Maintenance 36,349 46,500 75,000 31,377 - - 126,473 Building Maintenance 199,869 41,920 219,025 79,570 - - 381,243 Equipment Replacement 508,880 52,137 50,000 8,459 - - 602,558 Technology Replacement 152,788 22,573 16,250 - - - 191,611 - Total City 18,371,402 (1,980,587) 4,846,399 3,078,863 1,874,346 1,874,346 18,158,349 39 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/14 Increase/ (Decrease) Jul-Dec Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 1/31/15 Street Projects Annual Street Resurfacing 37,147 (36,394) 10,498 11,252 - - - Residential Street Construction - - - - 300,000 - 300,000 Roadway Safety & Traffic Calming 755 (10,972) - 8,633 50,000 - 31,149 Highway 9 Safety Project - Phase II (Ped Paths) 6,054 40,587 - - - - 46,641 Highway 9 Safety Project - Phase III (Bicycles) 24,514 - - - - - 24,514 Highway 9 Safety Project - Phase IV 90,000 - - - - - 90,000 Big Basin Way Turnaround - - - - 50,000 - 50,000 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 (8,957) - - 50,000 - 51,942 Village-Streetscape Improvements 25,059 - - - - - 25,059 Village-Phase II Design 13,363 (9,318) - 1,431 - - 2,614 Village-Phase II Construction 289,294 (44,467) - 118,492 - - 126,336 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 (144,427) 10,498 139,809 730,000 - 1,256,209 Parks & Trails Projects Park/Trail Repairs 1,038 (4,051) - - 25,000 - 21,987 Playground Safety Equipment 16,478 (7,122) - 3,443 - - 5,913 Fibar Playground Improvement` 4,020 (4,020) - - - - - Turf Reduction Renovation - - - 22,489 25,000 - 2,511 Hakone Garden Matching Funds 250,000 149,955 - 4,595 - - 395,360 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 (4,750) - 2,653 - - 16,469 Total Parks & Trails Projects 560,784 69,056 - 33,179 443,445 - 1,040,105 Facility Projects Facility Projects 39,761 (44,389) - 13,386 100,000 - 81,986 Security Locks 37,096 - - 829 45,000 - 81,266 City Hall Emergency Power Backup 53,445 (14,620) - 720 - - 38,105 Master Electrical Board - - - - 140,000 - 140,000 Theater Improvements 66,061 9,050 5,380 507 - - 79,984 Theater MP Improvements - - - - 64,900 - 64,900 Community Center Cool Roof - - - - 90,000 - 90,000 Pre-School Play Structure - - - 19,866 40,000 - 20,134 McWilliams House Improvements 3,703 - - 125 - - 3,578 Library Building Exterior Maintenance Projects 5,970 - 5,000 - - - 10,970 Total Facility Projects 206,036 (49,959) 10,380 35,434 479,900 - 610,924 40 ATTACHMENT B (Cont.) FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/14 Increase/ (Decrease) Jul-Dec Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 1/31/15 Administrative Projects Financial System Upgrade 3,534 - - - - - 3,534 COMB Document Imaging Project 78,673 (2,211) - 1,484 - - 74,977 Development Technology - 463 3,909 - - - 4,372 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 (5,248) 3,909 3,084 220,000 41,000 341,396 Tree Fund Projects Citywide Tree Planting Program 50,311 (1,948) - 11,615 - - 36,749 Tree Dedication Program 21,125 - - - - - 21,125 SMSCF Tree Donation Program 1,750 - - - - - 1,750 Total Tree Fund Projects 73,186 (1,948) - 11,615 - - 59,624 CIP Grant Street Projects Highway 9 Safety Improvements Phase II (1,896) (1,562) - - - - (3,458) Saratoga Ave Sidewalk - (75,744) - - - - (75,744) Village Phase II - Construction - (102,598) - 266,394 - (368,991) Quito Road Bridges - 74,268 - 21,088 - - 53,179 Total CIP Grant Street Projects (1,896) (105,636) - 287,482 - - (395,014) CIP Grant Park & Trail Projects AB8939 Beverage Container Grant Funding 10,065 - - 3,712 - - 6,353 Joe's Trail at Saratoga / De Anza 12,809 - - - - - 12,809 Total CIP Grant Park & Trail Projects 22,874 - - 3,712 - - 19,162 Park In-Lieu Fees Projects Quarry Park Plan Implement 280,631 - - 4,113 - - 276,518 Saratoga Village Creek 50,000 - - - - - 50,000 Unallocated Park Fees 41,400 - - - - - 41,400 Total park In-Lieu Fees Projects 372,031 - - 4,113 - - 367,918 Gas Tax Fund Projects Annual Street Resurfacing 171,702 196,708 235,590 263,503 - - 340,497 Prospect/Saratoga OBAG Improvement 544,825 - - - - - 544,825 Fruitvale Avenue Median 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 926,527 160,585 235,590 263,503 - - 1,059,200 Total CIP Funds 3,126,307 (77,575) 260,377 777,818 1,873,345 41,000 4,359,523 41 ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH 42 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 Quarterly Apportionment Rates Local Agency Investment Fund 43 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Crystal Bothelio SUBJECT: Second Reading of Ordinance Amend Smoking Devices & Flavored Tobacco) RECOMMENDED ACTION: Waive the second reading and adopt the attached ordinance updating Chapter 11 of the City Code. BACKGROUND: At the March 4, 2015 City Council Meeting, the Council introduced and waived the first reading of the attached ordinance amending Chapter 11 of the City Code. If adopted, the attached ordinance would amend Chapter 11 to define electronic smoking devices an their use is prohibited in City parks, recreational areas, and parking lots. The ordinance also clarifies that use of flavored tobacco is not permitted where smoking and tobacco use is prohibited. ADVERTISING, NOTICING AND PUBLIC CON The Public Hearing for this item was properly noticed in the 2015. A summary of the ordinance was published in the ATTACHMENTS: Attachment A - Ordinance Amending Chapter 11 of the SARATOGA CITY COUNCIL , 2015 City Manager’s Office Crystal Bothelio, City Clerk Ordinance Amending Chapter 11 of the City Code (Electronic Flavored Tobacco) Waive the second reading and adopt the attached ordinance updating Chapter 11 of the City At the March 4, 2015 City Council Meeting, the Council introduced and waived the first reading of the attached ordinance amending Chapter 11 of the City Code. If adopted, the attached ordinance would amend Chapter 11 to define electronic smoking devices and make it clear that their use is prohibited in City parks, recreational areas, and parking lots. The ordinance also clarifies that use of flavored tobacco is not permitted where smoking and tobacco use is ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Hearing for this item was properly noticed in the Saratoga News on February A summary of the ordinance was published in the Saratoga News on March 13, 2015. Ordinance Amending Chapter 11 of the City Code ing Chapter 11 of the City Code (Electronic Waive the second reading and adopt the attached ordinance updating Chapter 11 of the City At the March 4, 2015 City Council Meeting, the Council introduced and waived the first reading of the attached ordinance amending Chapter 11 of the City Code. If adopted, the attached d make it clear that their use is prohibited in City parks, recreational areas, and parking lots. The ordinance also February 20, on March 13, 2015. 44 1 ORDINANCE __________ AN ORDINANCE AMENDING CHAPTER 11 OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: Findings 1. The City Code of the City of Saratoga prohibits smoking and the use of tobacco products in City parks. This applies to electronic cigarettes as well as flavored tobacco and the City Council wishes to ensure that these limitations are clearly understood. 2. Electronic cigarettes are often known as "e-cigarettes" or “electronic smoking devices” and are battery operated devices that do not contain tobacco, that are generally designed to resemble traditional cigarettes and used to deliver nicotine, flavor, and/or other substances through a vapor inhaled by the user. 3. There is currently minimal federal or state regulation or control of the use and content of electronic smoking devices and there are health concerns regarding the use of electronic smoking devices, which deliver an unknown mix of potentially harmful compounds. 4. Electronic smoking devices often mimic conventional tobacco products in shape, size, and color, with the user exhaling a smoke-like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products such that the use of electronic smoking devices in locations where the use of other types of cigarettes, pipes, and cigars are prohibited may cause confusion and uncertainty and make the enforcement of bans on smoking more difficult. 5. The City Council also wishes to confirm and clarify that flavored tobacco is included among the types of tobacco products the use of which is prohibited in City parks. 6. The City Council of the City of Saratoga held a duly noticed public hearing on February 18, 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 11-15.010 of the Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. 11-15.010 - Definitions. 45 2 The following words and phrases, whenever used in this Article shall have the meanings defined in this Section unless the context clearly requires otherwise: (a) Parking area means a parking lot or any other area designated or primarily used for parking vehicles of persons accessing a recreational area. (b) Person means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity except the City of Saratoga. (c) Recreational area means any outdoor area that is publicly owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, and skateboard parks. (d) Smoke means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke. (e) Smoking means engaging in an act that generates smoke, such as for example: possessing a lighted pipe, lighted hookah pipe, an operating electronic cigarette smoking device, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind. (f) Tobacco product means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco (such as flavored tobacco); and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. (g) Electronic smoking device means an electronic and/or battery-operated device the use of which may resemble smoking, which can be used to deliver an inhaled dose of vapors including nicotine or other substances. Electronic smoking device includes any such device, whether it is manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaporize or any other product name or description. Electronic smoking device does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment or prevention of diseases. Section 2. Severance Clause. 46 3 The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance 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 4th day of March 2015 and was adopted by the following vote on March 18, 2015. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ HOWARD A. MILLER CRYSTAL BOTHELIO MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 47 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: Public Works PREPARED BY: Iveta Harvancik, Senior Engineer SUBJECT: Highway 9 Safety Improvement Project, Phase and Design Contract Approval RECOMMENDED ACTIONS: 1. Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Saratoga and the City of Monte Sereno for the Highway 9 Safety Improvement Project Phase IV. 2. Approve an Independent Contractor Agre $32,195 for engineering services, authorize staff to approve additional costs up to 10% of the contract amount ($3,200) as a project contingency. 3. Approve budget adjustment. BACKGROUND: The Highway 9 Safety Improvements Project is a multi bicycle/pedestrian safety along this route. The project area consists of an approximately 4.4 long stretch of Highway 9 from Saratoga Avenue i Gatos Boulevard in Los Gatos. An ad hoc committee comprised of two Council Members from each jurisdiction was formed to receive input from the public during numerous committee input during these meetings staff from the three municipalities and engineering consultants from BKF Engineers collaborated to develop a safety Master Plan. The Master Plan includes bicycle facilities on both sides of Highway 9 and a continuous pe the corridor with safe pedestrian crossings where needed. The cost to install all the improvements dollars. Therefore outside funding sources as well as project phasing were Three project phases based on three separate grant funding awards were completed between 2009 and 2014. Most of the bicycle improvements and some pedestrian improvements were SARATOGA CITY COUNCIL March 18, 2015 Iveta Harvancik, Senior Engineer Highway 9 Safety Improvement Project, Phase IV - Cooperative Agreement and Design Contract Approval Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Saratoga and the City of Monte Sereno for the Highway 9 Safety . Approve an Independent Contractor Agreement with BKF Engineers in the amount of engineering services, authorize the City Manager to execute the same to approve additional costs up to 10% of the contract amount ($3,200) as a The Highway 9 Safety Improvements Project is a multi-jurisdiction effort to improve bicycle/pedestrian safety along this route. The project area consists of an approximately 4.4 long stretch of Highway 9 from Saratoga Avenue in Saratoga, through Monte Sereno to Los An ad hoc committee comprised of two Council Members from each jurisdiction was formed to numerous public meetings. Based on the public and ad hoc ommittee input during these meetings staff from the three municipalities and engineering consultants from BKF Engineers collaborated to develop a safety Master Plan. The Master Plan includes bicycle facilities on both sides of Highway 9 and a continuous pedestrian access through the corridor with safe pedestrian crossings where needed. The cost to install all the improvements as shown on the Master Plan is estimated at 5 million dollars. Therefore outside funding sources as well as project phasing were necessary. Three project phases based on three separate grant funding awards were completed between 2009 and 2014. Most of the bicycle improvements and some pedestrian improvements were Cooperative Agreement Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Saratoga and the City of Monte Sereno for the Highway 9 Safety in the amount of authorize the City Manager to execute the same and to approve additional costs up to 10% of the contract amount ($3,200) as a bicycle/pedestrian safety along this route. The project area consists of an approximately 4.4-mile n Saratoga, through Monte Sereno to Los An ad hoc committee comprised of two Council Members from each jurisdiction was formed to public meetings. Based on the public and ad hoc ommittee input during these meetings staff from the three municipalities and engineering consultants from BKF Engineers collaborated to develop a safety Master Plan. The Master Plan destrian access through 5 million Three project phases based on three separate grant funding awards were completed between 2009 and 2014. Most of the bicycle improvements and some pedestrian improvements were 48 constructed during the first three phases. Additional pedestrian pathways are needed to fill in the gaps and complete the Master Plan. The City of Saratoga applied for and received a Highway Safety Improvement Program (HSIP Cycle 4) grant in the amount of $900,000. This grant, in combination with the required local match, provided a funding basis for development of Phase IV of the Highway 9 Safety Improvement Project. Phase IV improvements consist of pedestrian improvements along Highway 9 extending from approximately Fruitvale Avenue to El Camino Grande in Saratoga and from Daves Avenue to Greenwood Road in Monte Sereno and include asphalt walkways, curbs, short retaining walls, driveway modifications, drainage modifications, crosswalks, signage and striping. Design Contract All Phase IV improvements have been designed during previous phases. Awarded grant funds will be used for construction phase only. However, a new design contract is needed for engineering services during bid documents preparation, project soliciting and construction engineering. Attached is the Independent Contractor Agreement with BKF Engineers in the amount of $32,195. It is estimated that $11,000 of this amount will be used during the bid process. This amount will be equally shared between the cities of Saratoga and Monte Sereno. Remaining amount of the design contract will be funded 90% by the awarded grant and 10% shared by both cities based on the cost of improvements located within each jurisdiction. Cooperative Agreement Similar to all previous phases, a Cooperative Agreement between the cities is needed to delineate their respective rights and obligations concerning the administration, financing and construction of Phase IV. Budget Resolution Phase II and Phase III of the project were completed with remaining balances in the respective accounts. Attached budget resolution, if approved, moves fund to current Phase IV of the project. It is recommended that the City Council approve Independent Contractor Agreement with BKF Engineers, the Cooperative Agreement with Monte Sereno and the budget resolution. FISCAL STATEMENT: Grant fund in the amount of $900,000 was awarded to fund Phase IV of this project. Funding for required local match is allocated in the approved budget. Additional funds are available from the remaining fund balances of the now-completed Phases II and III. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: One or both Agreements will not be executed and the work on the Highway 9 Safety improvement Project Phase IV will not start. 49 ATTACHMENTS: Attachment A – Resolution approving Cooperative Agreement for Highway 9 Safety Improvements Phase IV Attachment B - Cooperative Agreement for Highway 9 Safety Improvements Phase IV Attachment C - Independent Contractor Agreement with BKF Engineers Attachment D – Budget Resolution 50 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY SARATOGA APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE CITY OF MONTE SERENO FOR HIGHWAY 9 SAFETY IMPROVEMENTS PHASE IV WHEREAS, the City of Saratoga and the City of Monte Sereno desire to enter into a Cooperative Agreement for Highway 9 Safety Improvements Phase IV; and WHEREAS, it is in the public interest for the agencies to work together as a reliable, timely, and cost effective means of completing this project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves the Cooperative Agreement for Highway 9 Safety Improvements Phase IV subject to all of the terms and conditions thereof. AND BE IT FURTHER RESOLVED, that the City Manager is authorized to execute the Agreement on behalf of the City. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on 18th day of March, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________ Howard A. Miller Mayor, City of Saratoga Attest: _______________________ Crystal Bothelio, City Clerk, City of Saratoga 51 Highway 9 Phase IV Cooperative Agreement Page 1 of 8 COOPERATIVE AGREEMENT FOR HIGHWAY 9 SAFETY IMPROVEMENTS – PHASE IV THIS AGREEMENT, by and among the CITY OF SARATOGA, a municipal corporation (“Saratoga”) and the CITY OF MONTE SERENO, a municipal corporation (“Monte Sereno”), collectively referenced herein as “parties” and individually referenced as a “party”, sets forth the terms of cooperation among the parties in proceeding with Phase IV of the Highway 9 Safety Improvements. RECITALS A. Phase IV of the Highway 9 Safety Improvements (“Phase IV” or “Project”) involves a Design Component and a Construction Component. The Design Component of Phase IV consists of preparation of the final design, construction bid documents, permits, Right-of- Way Certification, utility notification and general support during Caltrans approval process and construction authorization. The Construction Component consists of construction bid invitation, bid support, construction contract award, construction inspection and contract administration, securing grant funds and appurtenant other work needed for constructing of pedestrian improvements along Highway 9 extending approximately from Fruitvale Avenue to El Camino Grande in Saratoga and from Daves Avenue to Greenwood Road in Monte Sereno. The improvements include, but are not limited to, asphalt walkways, curbs, concrete sidewalks, retaining walls, roadway modifications, driveway modifications, drainage modifications, pedestrian-activated crosswalk, signage and striping. B. Pursuant to Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETY-LU), Saratoga has applied for and received approval for a Highway Safety Improvement Program (HSIP) grant for the Construction Component of Phase IV. HSIP funds are authorized for payment of ninety percent (90%) of the Final Construction Cost as defined below. The parties agree to share the remaining portion of the Final Construction Cost (the “Construction Cost Local Share”) for the construction features located in each jurisdiction as set forth in this Agreement. The estimated cost of the Construction Component is $1,000,000 of which $900,000 is available from HSIP grant funds and the remaining $100,000 represents the estimated local share to be allocated between the parties pursuant to this Agreement. B. On behalf of the parties Saratoga will seek Caltrans authorization to proceed with the Construction Component prior to undertaking work on that part of the Project. Saratoga will also serve as the Project lead and shall invite construction bids, award and administer its construction contract, coordinate construction inspection, testing, public notification, preparation and maintenance of construction records for the project. C. The parties desire to execute this Agreement in order to delineate their respective rights and obligations concerning the administration, design, financing and construction of Phase IV. 52 Highway 9 Phase IV Cooperative Agreement Page 2 of 8 AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Scope of Project. The Project includes the engineering design and construction of the highway improvements described in the recitals. All work shall be performed in accordance with plans and specifications approved by Saratoga, Monte Sereno, and all local, state and federal agencies having jurisdiction over the Project or whose approval is otherwise required for receipt of HSIP funds with respect to Construction Component approvals. 2. Allocation of Design Component Costs. (a) The term “Final Design Cost,” as used herein means the total of all expenditures relating to the Design Component, including, but not limited to, engineering, surveys, preparation of the bid documents, Right-of-Way Certification, utility owner notification and general support during Caltrans approval process and construction authorization. The Final Design Cost shall be determined upon completion of the Design Component but in no event shall exceed $11,000 without the prior written consent of the parties. (b) The Final Design Cost shall be apportioned equally between the parties (each party shall be responsible for 50% of the Final Design Cost). Payment of the Final Design Cost shall be made in accordance with section 5 of this Agreement. (c) Each party is permitted to approve additional improvements within their own jurisdiction beyond the scope of the work approved for HSIP grant provided that it pays the additional design costs associated with those improvements and any resulting additional costs of administration. 3. Scope of Construction Component. (a) If, upon the opening of bids for the award of a construction contract, the cost is not more than ten percent (10%) of the Estimated Construction Cost as defined below, the parties shall proceed with the Construction Component in accordance with this Agreement. However, if such bids indicate a cost exceeding ten percent (10%) of the Estimated Construction Cost, Saratoga will reject all bids, with Monte Sereno’s concurrence, and then the parties will work to obtain an agreement with the parties to this agreement and Caltrans regarding an alternative project design. If no such agreement is reached by the sixtieth (60th) day after the opening of bids, this Agreement shall automatically terminate pursuant to section 11 of this Agreement. The “Estimated Construction Cost” is the estimate of the construction costs determined by the parties prior to the opening of bids for the award of the construction contract, plus an additional amount determined by the parties based on an estimation of project administrative costs. 53 Highway 9 Phase IV Cooperative Agreement Page 3 of 8 4. Allocation of Construction Component Costs. (a) The term “Final Construction Cost,” as used herein means the total of all expenditures relating to the Construction Component, including, but not limited to, construction contract administration, notifications, advertising, copying, construction engineering support, construction staking, demolition, clearing, grubbing, grading, construction of pedestrian walkway, driveway approaches, drainage facilities, pedestrian crossings, and other structures as needed, testing, inspections, preparation of as-built plans, approved project changes, and the personnel costs of Monte Sereno and Saratoga based upon actual time expended in connection with the Construction Component plus all applicable overhead expenses and any reasonable unanticipated costs of administration incurred by Saratoga provided that such unanticipated costs do not exceed 10% of Construction Cost Local Share. The Final Construction Cost shall be determined upon completion of the Construction Component but in no event shall exceed $1,000,000 without the prior written consent of the parties. (b) The Construction Cost Local Share shall be apportioned between the parties based on the cost of constructing the improvements that will be located within each jurisdiction stated as a percentage of the Final Construction Cost. Final allocation of the construction cost shall be based on actual costs and the location of the construction. Payment of the Construction Cost Local Share shall be made in accordance with section 5 of this Agreement. (c) Each party is permitted to approve additional improvements within their own jurisdiction beyond the scope of the work approved for the HSIP grant provided that it pays the additional construction costs associated with those improvements and any resulting additional costs of administration. 5. Payment of Project Costs. (a) In addition to its own share of the Final Design Cost and Final Construction Cost, and in anticipation of reimbursement by Caltrans through the release of the HSIP Grant, Saratoga shall periodically advance funds necessary to make payments that are intended hereunder to be paid with the HSIP Grant, provided, however, that in the event that Saratoga has not received full reimbursement from Caltrans for any prior advance made, Saratoga may, at its option, withhold any payment requiring that it advance funds if said payment is not legally required to be made at that time. (b) Monte Sereno shall deposit with Saratoga $5,500 (five thousand five hundred dollars) of its Design Cost Local Share within thirty (30) days of execution of this agreement and after receipt of an invoice from Saratoga. Monte Sereno shall deposit half of its estimated Construction Cost Local Share with Saratoga within 54 Highway 9 Phase IV Cooperative Agreement Page 4 of 8 thirty (30) days after receipt of an invoice from Saratoga following the award of a construction contract unless the bids will be rejected pursuant to this Agreement. (c) Upon completion of the Design Component and the Construction Component, respectively, Saratoga shall furnish to Monte Sereno a detailed accounting of the Final Design Cost and Final Construction Cost, as applicable. In the event the accounting shows that the amount deposited by Monte Sereno exceeded its share of the applicable final cost, the excess shall be reimbursed within thirty (30) days after the date the accounting is submitted to Monte Sereno. In the event the accounting shows that the amount deposited by Monte Sereno is less than its share of the applicable cost, Monte Sereno shall pay the deficiency to Saratoga within thirty (30) days after the date the accounting is submitted to Monte Sereno. 6. Project Administration. The parties agree that the Project will be managed cooperatively by the parties. Representatives of the parties shall work together to accomplish the Project. However, certain parties shall be responsible for administering certain portions of the Project as set forth below. (a) Saratoga shall be the lead agency for the Project for purposes of administering the HSIP Grant, preliminary engineering of the Project, which shall include, but not be limited to the compliance with CEQA and NEPA. Saratoga shall oversee the design and bidding of the Project, shall award the contract for the Project and shall obtain all permits necessary for the Project. Saratoga shall enter into all contracts necessary to implement the Project provided the contract is approved by the parties. (b) Saratoga shall be responsible for overseeing construction of the Project. Saratoga shall provide oversight and inspection services for the Project. (c) The parties must each approve the plans and specifications for the Project. Saratoga shall not enter into any contract in excess of $25,000 or increase any contract by more than $25,000, for the performance of professional, consulting or construction services without the prior written consent of Monte Sereno. (d) The parties shall promptly review and respond to all materials submitted by one to the other for review and approval in connection with the Project. No approval in connection with the Project shall be unreasonably withheld. (e) For public meetings held in connection with the Project, each party is responsible for providing the notification of its residents that it determines is appropriate. 7. Right-of-way Acquisitions. No right of way acquisitions are expected to be a part of the Project. If it is determined that the acquisition of any right-of-way is required for the Project, the party having territorial jurisdiction over the property to be acquired shall be responsible for obtaining such right-of-way and conducting any proceedings that may be necessary in connection therewith; provided, however, no contract for legal services shall be awarded and no eminent domain action shall be commenced without the prior 55 Highway 9 Phase IV Cooperative Agreement Page 5 of 8 approval of the other parties and Caltrans. In the event acquisition of right-of way is necessary to the base project, the City in which the right-of way is located shall pay for the acquisition of the right-of-way. Any delay costs caused by the acquisition shall be shared by the parties in proportion to their portion of the Design Cost Local Share. In the event a party desires to acquire right-of-way which is not necessary for the base project, that party shall bear both acquisition and delay costs. 8. Insurance Requirements. All contracts awarded for design or construction of the Project shall include a requirement that the consultant and/or contractor, at all times during design and construction and until final acceptance of the work, maintain in full force and effect the following insurance policies: (a) Broad form comprehensive liability insurance having a combined single limit of not less than $ 2,000,000 per occurrence, naming Saratoga, Monte Sereno, and their respective officers, officials, boards, commissions, employees and volunteers as additional insured thereunder. (b) For construction contracts, builder’s risk insurance covering the replacement cost of the improvements, with a loss payable clause naming Saratoga and Monte Sereno, as their respective interests may appear. (c) Worker’s Compensation insurance as required by state law, together with employer’s liability insurance having a coverage limit of not less than $1,000,000 per accident. (d) For design consultants, professional liability insurance having a limit of not less than $1,000,000. (e) Liability insurance as required by the permitting agencies. 9. Bonding Requirements. The contractor who is awarded the contract for construction of the Project shall be required to provide performance and payment bonds in the amount of one hundred percent (100%) of the contract price. 10. Project Records. The parties shall each keep and maintain a complete copy of all costs and expenditures relating to the Project, together with a complete copy of all plans, specifications, reports, contracts and other documents relating to the Project, and the same shall be available for inspection by the other parties at any time during usual business hours. Saratoga, as the project lead, shall provide Monte Sereno and Caltrans electronic and durable reproducible copies of the Design and As Built Construction documents related to project features located within their jurisdictions. 11. Termination of Agreement. (a) This Agreement is executed by the parties in reliance on the HSIP Grant. In the event a grant agreement is not executed between Saratoga and Caltrans, this 56 Highway 9 Phase IV Cooperative Agreement Page 6 of 8 Agreement shall automatically terminate and each of the parties shall be released from any further obligation or liability hereunder. (b) In the event a contract for construction of the Project is not awarded (i) due to higher than expected costs and lack of an agreed upon alternative design as described in section 3 or (ii) for any other reason prior to December 30, 2015, this Agreement shall terminate unless extended by mutual consent of both parties hereto. (c) Upon termination in accordance with the terms of this section, Saratoga shall refund to Monte Sereno any balance of its contributions remaining after deduction of the costs incurred by Saratoga up to the date of termination and payable by each party under the terms of this Agreement 12. Limitation of Liability. No party to this Agreement shall be responsible or liable to any other party or parties for any act or omission made in good faith in connection with the performance of its duties hereunder, nor shall any party be responsible or liable for any act or omission by any consultant or contractor retained for the performance of any services related to the Project. The parties shall contribute equally towards any loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the Project. This paragraph shall not be construed to exempt any party, including its employees and officers, from its own fraud, willful injury or violation of law whether willful or negligent. 13. 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 the County of Santa Clara, California, or by mutual agreement in any other location. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by both parties, or litigation may be pursued. In the event any of these dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 14. 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 the Superior Court of the County of Santa Clara. 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. 15. Assignment. Except as provided in section 6 of this Agreement, no party may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. Monte Sereno acknowledges and accepts that a portion of the project management duties of Saratoga stated in section 6 of this Agreement will be provided by contractors whose services will be engaged by Saratoga pursuant to this Agreement. 57 Highway 9 Phase IV Cooperative Agreement Page 7 of 8 16. 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. 17. Waiver. No failure on the part of any party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 18. Amendment. No modification, waiver, termination, or amendment of this Agreement is effective unless made in writing and signed by both parties. 19. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the Project Construction Component and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 58 Highway 9 Phase IV Cooperative Agreement Page 8 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last written below. City of Saratoga City of Monte Sereno By: ______________________ James Lindsay, City Manager Date: ________________ By: ________________________ Brian Loventhal, City Manager Date: ___________________ Attest: ______________________ Crystal Bothelio, City Clerk Date: ______________ Attest: __________________________ Andrea Chelemengos, City Clerk Date: _____________________ Approved as to Form: _____________________ Richard Taylor, City Attorney Date:__________________ Approved as to Form: __________________________ Kirstin Powell, City Attorney Date: _____________________ 650640.2 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO APPROPRIATE ADDITIONAL FUNDS FOR THE HIGHWAY 9 SAFETY IMPROVEMENTS PROJECT PHASE IV WHEREAS, the City Council desires continuation of the safety improvements on Highway 9 by the initiation and completion of Phase IV of the Project; WHEREAS, CIP funds are necessary for the design contract and related costs for the Project WHEREAS, such funds are available from the remaining balances of the now completed phases II and III of the Project; WHEREAS, it is necessary to appropriate these fund balances to the Highway 9 Safety Improvements Project Phase IV by adjustments to the Fiscal Year 2014/2015 budget as follows: Account Description Account Amount To decrease expenditure budget and transfer out remaining fund balances from Phases II and III: Decrease expenditure Hwy 9 Safety Imps Project Phase II 411.9122-001.81161 ($ 45,079.00) Decrease expenditure Hwy 9 Safety Imps Project Phase III 411.9122-005.81161 ($ 13,317.25) Increase transfer out from Hwy 9 Safety Imps Project Phase II 411.9122-001.49999 $ 45,079.00 Increase transfer out from Hwy 9 Safety Imps Project Phase III 411.9122-004.49999 $ 8,607.83 Increase transfer out from Hwy 9 Safety Imps Project Phase III 411.9122-004.49999 $ 4,709.42 To appropriate revenue and Expense for Highway 9 Safety Improvements Project Phase IV: Increase transfer in from Hwy 9 Safety Imps Project Phase II 411.9122-005.49999 $ 45,079.00 Increase transfer in from Hwy 9 Safety Imps Project Phase III 411.9122-005.49999 $ 8,607.83 Increase transfer in from Hwy 9 Safety Imps Project Phase III 411.9122-005.49999 $ 4,709.42 Increase expenditure Hwy 9 Safety Imps Project Phase IV 411.9122-005.81142 $ 58,396.25 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 18th day of March, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________ Howard A. Miller Mayor, City of Saratoga Attest: _______________________ Crystal Bothelio, City Clerk, City of Saratoga 83 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Crystal Bothelio SUBJECT: Public Hearing on Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Weeds) RECOMMENDED ACTION: Open the public hearing, listen to public testimony, and close public hearing. Consider any objections to the proposed Order for Abatement of Hazardous Vegetation and sustain or overrule any objections as to specific properties. Adopt the resolution orderi properties (with modifications if any objections are sustained). BACKGROUND: At the December 17, 2014 City Council Meeting, hazardous vegetation (weeds) to be a public nuisance and star Weed Abatement Program process conducted by the Santa Clara County Department of Agriculture. The County’s Weed Abatement Program prevents the accumulation of vegetative growth and combustible materials that represent fire have or have recently had an accumulation of weeds or other combustible debris are listed in the 2015 Weed Abatement Commencement Report prepared by the County. Following adoption of the resolution declaring property owners of parcels on the Commencement Report were notified by the County that they could protest listing of their properties on Commencement Report during a public hearing that took place during the January 21, 2015 City Council Meeting. No objections were raised and Council adopted a resolution declaring the abatement of hazardous vegetation on properties specified on the 2015 Weed Abatement Commencement Report. This second step in the Weed Abatement Program authorized the County to perform an inspection of properties on the Commencement Report to determine if the Weed Abatement Program requirements have been met. A second notice was sent to property owners in March to remind that that they have unti 15 to comply with abatement requirements. Property owners that do not meet minimum fire safety standards by April 15 will be charged a $250 inspection fee and the property will be scheduled for abatement by the County contractor. If abatement work SARATOGA CITY COUNCIL March 18, 2015 City Manager’s Office Crystal Bothelio, City Clerk Public Hearing on Resolution Ordering Abatement of a Public Nuisance by Vegetation (Weeds) Open the public hearing, listen to public testimony, and close public hearing. Consider any objections to the proposed Order for Abatement of Hazardous Vegetation and sustain or overrule any objections as to specific properties. Adopt the resolution ordering abatement as to specified properties (with modifications if any objections are sustained). City Council Meeting, Council adopted a resolution declaring hazardous vegetation (weeds) to be a public nuisance and started the first step in the annual Weed Abatement Program process conducted by the Santa Clara County Department of Agriculture. The County’s Weed Abatement Program prevents the accumulation of vegetative growth and combustible materials that represent fire hazards. Properties in the City that currently have or have recently had an accumulation of weeds or other combustible debris are listed in the 2015 Weed Abatement Commencement Report prepared by the County. Following adoption of the resolution declaring hazardous vegetation to be a public nuisance, property owners of parcels on the Commencement Report were notified by the County that they could protest listing of their properties on Commencement Report during a public hearing that anuary 21, 2015 City Council Meeting. No objections were raised and Council adopted a resolution declaring the abatement of hazardous vegetation on properties specified on the 2015 Weed Abatement Commencement Report. This second step in the Weed Program authorized the County to perform an inspection of properties on the Commencement Report to determine if the Weed Abatement Program requirements have been A second notice was sent to property owners in March to remind that that they have unti 15 to comply with abatement requirements. Property owners that do not meet minimum fire safety standards by April 15 will be charged a $250 inspection fee and the property will be scheduled for abatement by the County contractor. If abatement work is completed by the Public Hearing on Resolution Ordering Abatement of a Public Nuisance by Open the public hearing, listen to public testimony, and close public hearing. Consider any objections to the proposed Order for Abatement of Hazardous Vegetation and sustain or overrule ng abatement as to specified Council adopted a resolution declaring ted the first step in the annual Weed Abatement Program process conducted by the Santa Clara County Department of Agriculture. The County’s Weed Abatement Program prevents the accumulation of vegetative hazards. Properties in the City that currently have or have recently had an accumulation of weeds or other combustible debris are listed in the hazardous vegetation to be a public nuisance, property owners of parcels on the Commencement Report were notified by the County that they could protest listing of their properties on Commencement Report during a public hearing that anuary 21, 2015 City Council Meeting. No objections were raised and Council adopted a resolution declaring the abatement of hazardous vegetation on properties specified on the 2015 Weed Abatement Commencement Report. This second step in the Weed Program authorized the County to perform an inspection of properties on the Commencement Report to determine if the Weed Abatement Program requirements have been A second notice was sent to property owners in March to remind that that they have until April 15 to comply with abatement requirements. Property owners that do not meet minimum fire safety standards by April 15 will be charged a $250 inspection fee and the property will be is completed by the 84 County contractor, the property owner will be assessed the contractor’s fees to perform the work plus an administrative fee of $169 per parcel. Additionally, if this is the property owner’s first year in the Weed Abatement Program then the property owner will be responsible for a $41 fee to cover the costs associated with creating and maintaining a file on the property. Information about free chipping services available to property owners in the Saratoga Wildland Urban Interface area was also mailed to property owners listed in the Commencement Report. Property owners in the areas of Saratoga that are vulnerable to wildfire may contact the Santa Clara County FireSafe Council to have brush and other plant debris chipped for free. Information about this program, which is provided through a partnership between the City, Saratoga Fire Protection District, and Santa Clara County FireSafe Council, is available online at http://www.sccfiresafe.org/communities/saratoga-area. To continue the Weed Abatement Program process, Council should adopt the attached resolution ordering the abatement of hazardous vegetation (weeds). Council may sustain or overrule any objections to the properties listed on the 2015 Commencement Report. ADVERTISING, NOTICING AND PUBLIC CONTACT: A notice for the public hearing was printed in the San Jose Mercury News on March 7, 2015. ATTACHMENTS: Attachment A - Resolution Ordering Abatement of Hazardous Vegetation Attachment B - 2015 Weed Abatement Program Commencement Report Attachment C - Resolution 14-073 Declaring Hazardous Vegetation (Weeds) to be a Public Nuisance Attachment D - Resolution 15-002 Declaring Abatement of a Public Nuisance as to Specified Properties Containing Hazardous Vegetation 85 Page 1 of 2 RESOLUTION 15-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE WHEREAS, the Saratoga City Council declared hazardous vegetation to be a public nuisance through adoption of Resolution No. 14-073 at the December 17, 2014 City Council Meeting; and WHEREAS, the Saratoga City Council adopted Resolution No. 15-002 declaring abatement of hazardous vegetation on specified properties at the January 21, 2015 City Council Meeting; and WHEREAS, the Office of the County Agricultural Commissioner has given written notice to all property owners of specific properties identified as containing hazardous vegetation (weeds) described by common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by and on file in the Office of the City Clerk and of the County Agricultural Commissioner; and WHEREAS, the Saratoga City Council conducted a public hearing on March 18, 2015 to determine whether to order abatement of hazardous vegetation and assess fees associated with removal of hazardous vegetation by the County of Santa Clara Agricultural Commissioner if property owners fail to remove hazardous vegetation prior to April 15, 2015; and WHEREAS, property owners on the 2015 Weed Abatement Program Commencement Report had the opportunity to voice objections to the abatement order at the duly noticed public hearing scheduled for the March 18, 2015 City Council Meeting; and WHEREAS, after consideration of any and all objections to the proposed order for abatement, the City Council overrules any and all objections and finds that the requisite basis for adopting such order for abatement exist; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga that: 1. The recitals set forth above are true and correct; and 2. The hazardous vegetation (weeds and other materials) on the properties listed in Exhibit A attached hereto continues to be declared a nuisance; and 3. The hazardous vegetation (weeds and other materials) on the properties in Exhibit A attached hereto is ordered abated by the County of Santa Clara Agricultural Commissioner’s Office on or after April 15, 2015; and 4. The owner of each of the properties listed in Exhibit A shall owe and be responsible for payment of all abatement costs imposed by the County on such owner’s property, including but not limited to the following: a. If this is the property owner’s first year in the Weed Abatement Program, the property owner will be responsible for a fee of $41 per parcel to cover the cost of creating and maintaining a file in the County’s database; 86 Page 2 of 2 b. If the property owner fails to complete abatement work prior to the County inspection of the property, the property owner will be responsible for an inspection fee of $250 per parcel and the property will be scheduled for abatement by the County contractor; c. If the property owner completes the abatement work before the County contractor, the property owner will not incur further charges beyond those described above; d. If the abatement work is completed by the County contractor, the property owner will be assessed the contractor’s charges plus an administrative fee of $169. 5. Nonpayment of the abatement costs imposed by the County (including but not limited to those described above) will result in the same being levied as a special assessment against the property, to be collected at the same time and in the same manner as ordinary real estate taxes. Attachments: Exhibit A – 2015 Weed Abatement Program Commencement Report The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of March 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Howard A. Miller, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 87 2015 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF SARATOGA Situs APN EXHIBIT A CITY/STATE 20851 WARDELL RD 366-14-041 "LEE, ARTHUR C AND HARA, DEBRA 10856 LINDA VISTA DR CUPERTINO CA 95014-4749 21981 PROSPECT RD 366-31-007 "SHIE, YAW SHI AND WANG, JING 21981 PROSPECTRD SARATOGA CA 95070 -0000 21781 PROSPECT RD 366-32-002 "BALL, NIGEL AND PAMELA" 21781 PROSPECTRD SARATOGA CA 95070 -0000 12445 PASEOCERRO 386-11-021 "ALI, SYED" 435 SERRAMONTE BL COLMA CA 94014-3226 18597 cox A V 386-13-059 "MONDAL, SUDHRITY K AND GHOSH, 18597 COXAV SARATOGA CA 95070-4107 12260 SARATOGA-RD 386-30-035 WEST VALLEY MUSLIM ASSN 12370 SUNNYVALE-SARATOGA CA 95070 13025 SARATOGA A V 389-06-017 MVS COMPANY LP PO BOX2067 SARATOGA CA 95070 18596 cox A V 389-13-008 "DOSS, ROGER E TRUSTEE" 18596 COXAV SARATOGA CA 95070-4108 18854 AFTON AV 389-17-010 "LITVIN, MIGUEL E AND ANAMARIA 18854 AFTON AV SARATOGA CA 95070-4653 18774 AFTON AV 389-17-015 "NGUYEN, CHRISTIAN HAND YO, 18774 AFTON AV SARATOGA CA 95070-4653 13239 CARRICK AV 389-17-032 "REDDING, NADINE A TRUSTEE" 13239 CARRICKAV SARATOGA CA 95070-4604 19127 BONNET WY 389-21-001 "TUCKER, ruSTIN AND KAREN T" 19127 BONNETWY SARATOGA CA 95070-5215 0 ASPESI DR 389-25-001 PACIFIC GAS AND ELECTRIC CO 111 ALMADEN BL SAN JOSE CA 95113 -2002 19010 PORTOS DR 389-30-002 "HU, JINGCAO AND KAN, LAN" 19010 PORTOS DR SARATOGA CA 95070 -5121 13601 MYREN DR 389-37-039 "Y ALLA , SRINIV AS RAND PEDARLA, 607 GRAYSON WY MILPITAS CA 95035 20210 MERRICK DR 393-42-005 "LUKE, CHARLES A" 20210 MERRICK DR SARATOGA CA 95070-4936 14141 SO BEY RD 397-03-002 "ORANGI, SOHY" 14141 SOBEYRD SARATOGA CA 95070-5605 18860 TEN ACRES RD 397-03-038 "SPAUNBURG , JOEL RAND 18860 TEN ACRESRD SARATOGA CA 95070-5639 14478 SO BEY RD 397-04-022 "CHAU, EUGENE Y AND ROSSANA B" 595 SAN ANTONIO A V SAN DIEGO CA 92106 -3467 14923 SO BEY RD 397-04-126 "BOCA, MILE" 14923 SOBEY RD SARATOGA CA 95070 -6235 14921 SO BEY RD 397-04-127 "V AJDIC, BRANISLA V" PO BOX 3423 SARATOGA CA 95070 14521 QUITO RD 397-05-028 "HINZ, LESTER F" PO BOX97 SANTA CLARA CA 95052 14416 OLD WOOD RD 397-05-042 "PITZEN, DAVID HAND JENNIFER L" 14416 OLD WOOD RD SARATOGA CA 95070-5633 23 records of 104 Santa Clara County Weed Abatement Program Page 1 88 20 15 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF SARATOGA Situs APN EXHIBIT A CITY/STATE 18680 VESSING RD 397-06-030 "MINETTI, VITO AND MARIA P 18680 VESSING RD SARATOGA CA 95070-5672 15488 ELCAMINO 397-08-076 "ABHARl, AL TRUSTEE & ET AL" 15488 EL CAMINO GRANDE SARATOGA CA 95070-6258 14581 FRUITVALE AV 397-17-010 "JAVADI, SORAYA AND SAEED" 13046 TWELVE HILLS RD CLARKSVILLE MD 21029 14805 FRUITVALE AV 397-18-027 BANK OF AMERlCA NA SUCC 1800 T APO CANYON RD SIMI VALLEY CA 93063 14875 BARANGA LN 397-18-039 "TATE, RONALD M AND LINDA 22 S SANTA CRUZ A V 2ND LOS GATOS CA 95030 14553 VIA DE 397-40-016 "CIFFONE, DONALD LAND JOY A 14553 VIA DE MARCOS SARATOGA CA 95070-6147 14577 VIA DE 397-40-017 "URRUTIA, RlCARDO J AND ELLEN" 14577 VIA DE MARCOS SARATOGA CA 95070-6147 14961 VIA DE 397-40-020 "RAMAKRlSHNA, SUDHAKAR AND 14961 VIA DE MARCOS SARATOGA CA 95070-0000 18540 ALLENDALE A V 397-43-008 "CABE, JANET H TRUSTEE" 18540 ALLENDALE A V SARATOGA CA 95070-5235 18394 MONTPERE WY 403-23-029 "MARHAMAT, MAJID" 212 PRINCE ST LOS GATOS CA 95032-1113 15120 QUITO RD 410-40-018 "HUYNH, PAUL HONG NGOC AND 15120 QUITORD SARATOGA CA 95070 0 MTEDEN RD 503-09-006 MEV CORP 22020 MTEDENRD SARATOGA CA 95070-9729 22060 MTEDEN RD 503-09-021 "MUILENBURG, MICHAELS" 22060 MTEDENRD SARATOGA CA 95070-9729 22040 MTEDEN RD 503-09-022 "MCAFEE, ERlC A AND MARGUERlTE 22040 MTEDEN RD SARATOGA CA 95070 -9729 22530 MTEDEN RD 503-10-067 "GARROD, VINCE S TRUSTEE & ET 22530 MTEDENRD SARATOGA CA 95070-0000 13905 PIERCE RD 503-13-018 "JOHNSON, PHILIP N TRUSTEE & ET 14435 BIG BASIN WY #184 SARATOGA CA 95070 0 MTEDEN RD 503-13-039 "HORVATH , DAGMAR M" 15209 BLUEGUMCT SARATOGA CA 95070-6268 0 MTEDEN RD 503-13-067 "ALI, SYED AND SHAISTA" 22653 GARRODRD SARATOGA CA 95070-0000 22551 MTEDEN RD 503-13-117 "SMIT, CARLE AND COLES, 1219 EDEN LN ANNAPOLIS MD 21403 0 MTEDEN RD 503-13-128 "IRANY , FRED Z AND CHRlS 13937 PIERCERD SARATOGA CA 95070 22215 MTEDEN RD 503-13-138 "KEENAN, JOHN E AND CHERYL L 22215 MTEDENRD SARATOGA CA 95070-0000 22122 MTEDEN RD 503-13-143 AZ CHEMICALS INC ET AL 8226 RINCONADA CT NEWARK CA 94560 0 MTEDEN RD 503-13-144 "CHAPEL, JUDY" PO BOX22439 SAN DIEGO CA 92192 -2439 46 records of 1 04 Santa C lara County Weed Abatement Program Page 2 89 2015 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF SARA TOGA Situs APN EXHIBIT A CITY/STATE MTEDEN RD 503-13-145 CHAPEL, JUDY P 0 BOX22439 SAN DIEGO CA 92192-2439 13765 PIERCE RD 503-14-008 "MCCABE, DAVID A AND PAMELA J" PO BOX 707 "ONET ANGI, W AIHEKE 13615 VAQUERO CT 503-14-034 "COCHRANE, JAMES B AND 13615 VAQUERO CT SARATOGA CA 95070-4804 0 PIERCE RD 503-15-019 "TERZIC , JOHN" 12943 PIERCE RD SARATOGA CA 95070-3713 13600 SURREY LN 503-16-013 "JUANG , RUDY YUH -JUH AND SHAU-13600 SURREYLN SARATOGA CA 95070-425 7 13540 SURREY LN 503-16-015 "BAKKE, KRISTIAN V AND MINOO A 13540 SURREYLN SARATOGA CA 95070-4257 20940 COMER DR 503-16-076 "MCSWEENEY, WILLIAM TRUSTEE" 20940 COMER DR SARATOGA CA 95070-3710 21020 COMER DR 503-17-063 "YAGER, ROBERT A AND MARION E 21020 COMER DR SARATOGA CA 95070 -3710 12901 FOOTHILL LN 503-18-026 "OVELAND , CHARLES A AND 12901 FOOTHILL LN SARATOGA CA 95070 -3712 12973 PIERCE RD 503-18-060 "FAN, YU AND LIU , YING" 12973 PIERCE RD SARATOGA CA 95070-3752 12979 FOOTHILL LN 503-18-066 "BUSH, JOHN RAND PATRICIA J 12979 FOOTHILLLN SARATOGA CA 95070-3712 14639 BIG BASIN WY 503-25-013 HONG BO INVESTMENT GROUP LLC 21991 SCENIC HEIGHTS WY SARATOGA CA 95070 14651 BIG BASIN WY 503-25-015 "OCP DEVELOPMENT, INC" 415 BUNDY AV SAN JOSE CA 95117 -0000 0 ELVA AV 503-27-081 "ISIDORO, FRANK WAND MERNA L 15041 PARK DR SARATOGA CA 95070-6421 20895 CANYON VIEW DR 503-28-004 "WOROBEY, ANN M" 20895 CANYON VIEW DR SARATOGA CA 95070 -5763 20905 SULLIVAN WY 503-28-005 "SCHAFER, BRUCE F TRUSTEE" 20905 SULLIVANWY SARATOGA CA 95070-5738 20915 SULLIVAN WY 503-28-006 "BAHL, SW ARAN BAND KENNETH S 14645 BIG BASIN WY SARATOGA CA 95070-6081 0 CANYON VIEW DR 503-28-008 "HASHEMIEH , JULIA ET AL" 1 06 HEINTZ CT LOS GATOS CA 95032-5036 20851 CANYON VIEW DR 503-28-075 "TANG, YAW-SHING AND WAN -I G" 20851 CANYON VIEW DR SARATOGA CA 95070-5888 20867 CANYON VIEW DR 503-28-089 "LAW, EDWIN AND VICKY 20867 CANYON VIEW DR SARATOGA CA 95070-5888 21271 SARATOGA RD 503-29-006 "BOWLES, JOHN A TRUSTEE & ET AL" 21271 SARA TOGA HILLS RD SARATOGA CA 95070-5375 21352 SARATOGA RD 503-29-027 "SPEAR, LORIJEAN TRUSTEE" 21352 SARA TOGA HILLS RD SARATOGA CA 95070-5306 21150 SARATOGA RD 503-29-042 "WONG , KENLEY HAY AND NANCY" 21150 SARA TOGA HILLS RD SARATOGA CA 95070-5306 69 records of 1 04 Santa Clara County Weed Abatement Program Page 3 90 2015 WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF SARATOGA Situs APN EXHIBIT A CITY/STATE 21050 SARATOGA RD 503-29-099 "HEGER, CHARLES E AND SHIRLEY M 21050 SARA TOGA HILLS RD SARATOGA CA 95070-5372 21421 SARATOGA RD 503-29-124 "STEIMLE, ANTHONY E AND ENG , 21421 SARA TOGA HlLLS RD SARATOGA CA 95070 -5377 13845 PIKE RD 503-30-003 "LTU , QINGXIANG AND ZHOU, LING" 13845 PIKE RD SARATOGA CA 95070 -5346 13857 PIKE RD 503-30-042 "HORNER, JAMES F AND KATHLEEN 13857 PIKERD SARATOGA CA 95070-5346 14150 DORENE CT 503-31-054 "FAN, SHERMAN S AND LILY L" 14150 DORENECT SARATOGA CA 95070-9727 14134 DORENE CT 503-31-058 "ZHU, LIANG" 14134 DORENECT SARATOGA CA 95070-9727 21800 MTEDEN RD 503-31-077 "LEE, TING PIE AND CHIANG , 21800 MTEDENRD SARATOGA CA 95070-9722 13957 ALBAR CT 503-31-087 "SEIFERT, MICHAEL E AND MOORE, 13957 ALBARCT SARATOGA CA 95070-9718 13947 ALBAR CT 503-31-088 "HWANG, LILY LAND JOSEPH J" 13966 ALBARCT SARATOGA CA 95070 -9718 13921 DAMON LN 503-31-098 "LEMPERT, DAVID EMMANUEL&" 13921 DAMONLN SARATOGA CA 95070-9720 21761 HEBER WY 503-31-100 "PALMER, WILLIAM T AND 21761 HEBER WY SARATOGA CA 95070-9700 13966 ALBAR CT 503-31-107 HWANG, LILY LAND HWANG, 13966 ALBAR CT SARATOGA CA 95070-9718 0 PIERCE RD 503-46-005 CHATEAU MASSON LLC 15055 LOS GATOS BL #350 LOS GATOS CA 9532 13877 UPPER HILL CT 503-50-041 "JOHNSON, WAYNE C AND C A" 13877 UPPER HILL CT SARATOGA CA 95070-5332 21243 DEEPWELL CT 503-55-039 "SCHULMAN, STEVEN A AND 21243 DEEPWELLCT SARATOGA CA 95070-5709 0 TOLLGATE RD 503-62-027 "GADDIS, STEPHEN B" 420 SELBYLN ATHERTON CA 94027-4043 14190 PALAMINO WY 503-68-002 "NGUYEN, BAO MANH AND 2210 WINDING HILLS CT SAN JOSE CA 95138 -0000 21786 VIA REGINA 503-69-007 "DOWNS , HAROLD RAND CARROLL, 21786 VIA REGINA SARATOGA CA 95070-4876 21800 VIA REGINA 503-69-010 "SHAO, F ANG-FEI P AND HSIAO , 21800 VIA REGINA SARATOGA CA 95070-4845 21851 VIA REGINA 503-69-030 "DER TOROSSIAN, PAPKEN SAND 21851 VIA REGINA SARATOGA CA 95070-4861 21781 VIA REGINA 503-69-034 "MOAZENI, MEHDI AND 21781 VIA REGINA SARATOGA CA 95070-4805 21995 VIA REGINA 503-69-039 "F AGGIN, MARZIA TRUSTEE & ET 3640 COUNTRY CLUB DR REDWOOD CITY CA 94061 14805 MASSON CT 503-72-014 "CERNEA, RAUL A AND OCT A VIA" 889 AGNEWRD SANTA CLARA CA 95054-0000 92 records of 1 04 Santa Clara County Weed Abatement Program Page4 91 2015 WEED ABATEMENT PROGRAM CO M ME NCEMENT REPORT C ITY OF SARATOGA Situs APN EXHIBIT A C ITY/STATE 21531 SARATOGA DR 503-72-028 "NAGARAJAN, VINOD AND RAMANI , 21531 SARA TOGA HEIGHTS SARATOGA CA 95070-5758 21750 VINTAGE LN 503-72-037 "BEDARD , CHARLES J AND OTT, 21750 VINTAGELN SARATOGA CA 95070-9713 21770 CONGRESS LN 503-75-008 "PEZZANI, MICHELLE E TRU STEE" 21770 CONGRESS HALL LN SARATOGA CA 95070 21756 CONGRESS LN 503-75-010 "WALKER, MARGARET VIVIEN S 21756 CONGRESS HALL LN SARATOGA CA 95070-9714 0 CONGRESS LN 503-75-016 "LUTHRA, ANKUR TRUSTEE" 14151 TEERLINK WY SARATOGA CA 95070 -9735 14930 VINTNER CT 503-75-018 "ZARNEGAR, SAMSON" 14930 VINTNERCT SARATOGA CA 95070 -9712 19370 SARATOGA-RD 510-06-005 "DUC, DANIEL A AND LYNN K" 105 HOGANS VISTA SEQUI M WA 98382 15780 HIDDEN HILL PL 510-24-024 "POZOS, CARYL B TRUSTEE" 15780 HIDDEN HILL PL LOS GATOS CA 95030 15027 BOHLMAN RD 517-13-009 "SAMPLE, STEPHEN P AND PHI , 15027 BOHLMANRD SARATOGA CA 95070-6354 15600 BELNAP DR 517-14-085 "SUN, YUE AND LILI" 15600 BELNAP DR SARATOGA CA 95070 -0000 15400 PEACH HILL RD 517-22-072 "ARIMILLI , V TRUSTEE & ET AL" 15400 PEACH HILL RD SARATOGA CA 95070 NO SITUS 517-38-002 "PELIO, IDAMARIE" 14573 BIGBASINWY SARATOGA CA 95070 104 records of 104 Santa C lara County Weed Abatement P rogram Page 5 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Brian Babcock, Administrative Analyst I SUBJECT: Allocation of Street Closure Grant RECOMMENDED ACTION: Review Saratoga Street Closure Grant BACKGROUND: In Fiscal Year 2014/15, the City Council began setting aside $10,000 annually to help a local group pay for the cost of closing down Big Basin Way for a community event. 3, 2014 meeting, Council directed staff to consolidate with the Community Event Grant Program process. for a street closure on Big Basin Way for one event. Staff created a separate application application on January 20, 2015. Information about the grant, inc emailed to past Community Event Grant Program Closure Grant was also posted on the City’s website homepage on January 22, 2015. The City received one application for the Saratoga Chamber of Commerce’s “Sixth Annual Saratoga Classic Car Show.” The event will ta The application is attached as Attachment A. Representatives from the Saratoga Chamber of Commerce answer questions from Council regarding the event and ATTACHMENTS: Attachment A: Classic Car Show Street Closure Grant Application SARATOGA CITY COUNCIL March 18, 2015 City Manager’s Office Brian Babcock, Administrative Analyst I Street Closure Grant Funds application and determine allocation. In Fiscal Year 2014/15, the City Council began setting aside $10,000 annually to help a local group pay for the cost of closing down Big Basin Way for a community event. At its December Council directed staff to consolidate the awarding of the Street Closure Grant ty Event Grant Program process. The grant is sufficient to cover City expenses Big Basin Way for one event. separate application for the Street Closure Grant. The City releas Information about the grant, including the application, was Community Event Grant Program applicants. Information about the Street on the City’s website, including a news item posted on the The City received one application for the Saratoga Chamber of Commerce’s “Sixth Annual The event will take place on July 19, 2015 from 10 a.m. to 5 p.m. The application is attached as Attachment A. Representatives from the Saratoga Chamber of Commerce will be present at the meeting to cil regarding the event and grant request. Street Closure Grant Application In Fiscal Year 2014/15, the City Council began setting aside $10,000 annually to help a local At its December of the Street Closure Grant City expenses The City released the luding the application, was Information about the Street news item posted on the City The City received one application for the Saratoga Chamber of Commerce’s “Sixth Annual ke place on July 19, 2015 from 10 a.m. to 5 p.m. will be present at the meeting to 107 City of Saratoga Street Closure Grant Application SUMMARY OF EVENT Event Name: Event Date: Event Hours: Total Event Cost: CONTACT FOR GRANT APPLICATION Contact Name: Title: Organization: Address: Phone: Email: ABOUT THE EVENT Event Description: Event must be held on Big Basin Way to receive grant Estimated Attendance: One Time Event … Annual Event … Funding Amount Received from City in Past: Other Funding Sources: Include source & amount Event Promotion Plan: Advertising & marketing Prior Event Organizing Experience: Describe the experience of the event coordinator and the organization requesting funds Building Community: How will your event build a sense of community? Saratoga Classic Car Show 10am to 5 pm Estimate $10,000 for street closure + $15,000 for direct event costs Tiger Teerlink or Pat Martell Event Co-ordinators Saratoga Chamber of commerce 14460 Big Basin Way, Saratoga, CA 95070 terlink@apr.com & patm@finetsaratoga.com 6th Annual Saratoga Classic Car Show. The last 5 shows have been in the Village. Over 200 show cars and their occupants will display vehicles. This event is geared toward families. There will be live music, great food and beverages. None Sponsorships and car fees. $35,000 Radio, newspaper ads, posters, banners, social media and past participant outreach. Saratoga Chamber of Commerce, Tiger Teerlink, The Cool Car Club of Saratoga, Los Gatos and Campbell have done this event for the past 5 years. This event has grown popularity year after year. The Saratoga Classic Car Show is one of Saratoga's most anticipated events. This event brings in thousands of people from the immediate community and surrounding cities. July 19, 2015 Tiger 408-828-9614 Pat - 408-981-7229 7,500 ✔ 108 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Brian Babcock, Administrative Analyst I SUBJECT: Allocation of Community Event Grant Program Funds RECOMMENDED ACTION: Review the one Saratoga Community Event Grant Program application for this fiscal year and provide direction. Consider grant requests for next fiscal year and determine allocations. BACKGROUND: The City Council has considered community event grant funding requests through a formal application process for the last three years. Although the majority of Community Event Grant Program applications are brought to the Council during this time, individual applicants are allowed to come before the Council for consideration any time throughout the year. There are two basic criteria events must meet to be considered for grant funding: A) events must be held in Saratoga, and B) open to the public. Grants are allocated on a reimbursement basis with the exception of City-related fees, such as permit fees or park rental costs. The program also outlines three priorities Council can use to determine allocations: 1. Saratoga-based non-profit organizations holding events in Saratoga will be given first priority. 2. Non-profit organizations coordinating events in Saratoga will be given second priority. 3. Organizations that have previously coordinated events in Saratoga will be given preference over organizations that have not. The annual application process is conducted during the first part of each year in accordance with Council direction when the event grant program was established. At the December 3, 2014 City Council meeting, Council decided to allocate $25,000 to the program for Fiscal Year 2015/16. Among the applications staff received for grant funding, one request from Saratoga IOOF Lodge 428 is for this fiscal year (FY 2014/15). IOOF’s “Annual Easter Egg Hunt” will be held on April 4, 2015 at Wildwood Park from 10 a.m. to noon. The request is for $400. The total cost of the 109 event is estimated at $1,400. The application is part of Attachment B. The applicant has been advised to attend the March 18, 2015 Council meeting to address questions regarding the grant request. There is no funding available in the Fiscal Year 2014/15 Community Event Grant Program. Community Events for FY 2014/15 Request Previous Funding? 1 Annual Easter Egg Hunt Saratoga IOOF Lodge 428 X $400 Yes Total Grant Requests $400 Summary of Fiscal Year 2015/16 Grants Requests The City received 15 applications amounting to $34,195 in Community Event Grant requests. Below is a brief summary in alphabetical order of the applications received. A detailed list is in Attachment A. The applications received are included as Attachment B. Attachment C lists the history of past event allocations. All applicants have been encouraged to attend the March 18, 2015 Council meeting to answer questions regarding their applications. The Council has allocated $25,000 for Fiscal Year 2015/16. Community Events for FY 2015/16 Request Previous Funding? 1 Blossom Festival Saratoga Historical Foundation X $4,600 Yes 2 Chinese Mid-Autumn Festival Organization of Chinese American Women- Silicon Valley Chapter O $350 Yes 3 Classic Car Show Saratoga Chamber of Commerce X $4,000 Yes 4 Holiday Wine Stroll Saratoga Chamber of Commerce X $4,000 Yes 5 IOOF Easter Egg Hunt Saratoga IOOF Lodge 428 X $600 Yes 6 Memorial Day Observance Saratoga Foothill Club X $1,000 Yes 7 Montalvo Arts Splash Montalvo Arts Center X $3,500 Yes 8 Opera in the Park Bay Shore Lyric Opera X $1,750 Yes 9 Public Celebration 85 Years in Santa Clara County and Gateway Open House Alameda Family Funeral and Cremation $3,000 No 10 Saratoga Bollywood $1,500 Yes 11 Saratoga Community Band LGS Recreation O $725 Yes 12 Saratoga July Fourth Celebration $2,670 Yes 13 Saratoga Grammar School Reunion Saratoga Grammar School Reunion Committee $1,000 Yes 110 14 SASCC Health and Wellness Expo Saratoga Area Senior Coordinating Council X $5,000 Yes 15 St. Paddy’s Day Party Saratoga Village Development Council $500 No Total Grant Requests $34,195 X Saratoga-based non-profit O Non-profit ADVERTISING, NOTICING AND PUBLIC CONTACT: The City released the application on January 20, 2015. Information about the program, including the application, was emailed to past applicants, posted on the City website, and available on the City’s homepage as a news item. Additionally, a news brief about the program was printed in the Saratoga News on January 30, 2015. ATTACHMENTS: Attachment A: Summary of Community Event Grant Applications Attachment B: Community Event Grant Applications Attachment C: History of Community Event Grant Allocations 111 Attachment A: Community Event Grant Funding Requests Community Event 2014/15 Request Event Date Attendance Location Organization Non-Profit Prev. Grant 1 Easter Egg Hunt $400 4/04/2015 150 Wildwood Park Saratoga IOOF Lodge 428 Yes, Saratoga- based Yes Total Funding Requested $400 Community Event 2015/16 Request Event Date Attendance Location Organization Non-Profit Prev. Grant 1 Blossom Festival $4,600 3/19/2016 2,500-5,000 Heritage Orchard, Warner Hutton Saratoga Historical Foundation Yes, Saratoga- based Yes 2 Chinese Mid-Autumn Festival $350 9/27/2016 200 Saratoga History Museum OCAW, Silicon Valley Chapter Yes, Saratoga- based No 3 Classic Car Show $4,000 7/19/2015 7,500 Big Basin Way Saratoga Chamber of Commerce Yes, Saratoga- based No 4 Holiday Wine Stroll $4,000 11/27/2015 3,500 Big Basin Way Saratoga Chamber of Commerce Yes, Saratoga- based Yes 5 IOOF Easter Egg Hunt $600 3/26/2016 150-200 Wildwood Park Saratoga IOOF Lodge 428 Yes, Saratoga- based Yes 6 Memorial Day Observance $1,000 5/30/2016 600-700 Blaney Plaza and Madronia Cemetery Saratoga Foothill Club Yes, Saratoga- based Yes 7 Montalvo Arts Splash $3,500 April 2016 3,500 Montalvo Arts Center Montalvo Arts Center Yes, Saratoga- based Yes 8 Opera in the Park $1,750 9/12/2015 500 Wildwood Park Bay Shore Lyric Opera Yes, Saratoga- based Yes 9 Public Celebration 85 Years in Santa Clara County and Gateway Open House $3,000 7/25/2015 200-400 Alameda Family Funeral & Cremation Alameda Family Funeral & Cremation No No 10 Saratoga Bollywood $1,500 August 2015 300 Downtown Saratoga Yes 11 Saratoga Community Band $725 5/22/2016 300-350 Wildwood Park Los Gatos-Saratoga Recreation Yes Yes 12 Saratoga July Fourth Celebration $2,670 7/4/2015 1,000-1,500 Kevin Moran Park Yes 13 Saratoga Grammar School Reunion $1,000 7/25/2015 80 Wildwood Park Committee for the Saratoga Oak Street No Yes 112 Attachment A: Community Event Grant Funding Requests Grammar School 14 SASCC Health and Wellness Expo $5,000 10/17/2015 1,000 West Valley College Saratoga Area Senior Coordinating Council Yes, Saratoga- based Yes 15 St. Paddy’s Day Party $500 3/12/2016 300 Big Basin Way Saratoga Village Development Council No Total Funding Requested $34,195 113 114 115 1 SUMMARY OF EVENT Event Name: The Blossom Festival (2016) Event Date: March 19, 2016 (estimated*) Event Hours: 10-4 PM Event Location: Heritage Orchard, Warner Hutton House, Saratoga Civic Center area Grant Request: $4600 Total Event Cost: $4600 CONTACT FOR GRANT APPLICATION Contact Name: Annette Stransky Title: President Organization: Saratoga Historical Foundation Address:PO Box 172 Saratoga, CA 95071 Phone: 408-867-4311 (museum) Email: annette022003@yahoo.com 408-867-7468 (Stransky) ABOUT THE EVENT Event Description: The mission of the Blossom Festival is to present, for education and enjoyment, an event that commemorates and preserves the memory of its historic celebration of Saratoga’s agricultural and community-focused life. Blossom Festival activities planned for 2016 include: A blend of old and new including: Old time music; vintage cars and early day gas engines and tractors to represent the past. Girl Scouts hand out paper blossoms in memory of wild flower bouquets given in 1900 at the Blossom Festival Learn about Saratoga history: Docent-led history walk through the Heritage Orchard; aerial photos of Saratoga yesteryear; Blossom Festival historic photo display; live lectures on aspects of Saratoga life; sample a prune—representing the days of the valley of heart’s delight. This is not an event where people come to buy but we do include opportunities to see handmade items, demonstrations of making soap; bags; a variety of crafted items. (No vendors selling doors, condos, etc.). As well as an opportunity to purchase items. Supporting the arts and culture: artists from various local groups participate; poetry reading; authors of local history books to autograph and sell. In 2015 we had the fire commissioners autographing the Saratoga volunteer firefighting book. Appreciate and learn about nature with organizations such as Santa Clara Beekeeping, Audubon Society; Master Gardeners, Open Space etc. We tried to have a second trail walk (along the creek) but couldn’t find a docent—but plan to have one in 2016. 116 2 Meet local organizations such as the Saratoga Rotary, American Association of University Women, Kiwanis, Silicon Valley Shakespeare, etc. Find out about the activities of Commissions such as the Park and Recreation. City of Saratoga, the Saratoga Library, and Hakone Gardens Reach schools—2015 we had the Saratoga High choir sing; Prospect and Saratoga High Interact Clubs participate; youth bands from Redwood Middle school Reach churches—2015 we had the Sacred Heart Robotic team. Provide a wide range of children’s activities to engage parents as well as children of all age s: gardening, straw art, henna designs, petting zoo, face painting, robotics, Chinese paper cutting, Chinese knot making, story hour, origami, juggling and flower plate making. Sponsored by many local organizations such as the Girl Scouts, Japanese America n Museum, Organization of the Chinese American Women of Silicon Valley, and California Theatre Center etc. Gourmet food trucks will provide refreshment Continue to include ethnic representation in the community as well as continue outreach to schools (including West Valley College) and community organizations to participate. 2016 will be Saratoga’s 60th anniversary of incorporation—recognition of that event in some way will also be included. Estimated Attendance: 2500-5000 Annual Event Funding Amount Received from City in Past: $4500 for same event in 2015 Other Funding Sources: Will request funding from other sources, if needed. Event Promotion Plan: The Saratoga Historical Foundation will promote the event through print, online media, public service announcements in radio and television. Banners will be placed in approved locations. Flyers will be posted in major public areas. Online sites will include the Chamber of Commerce, city, and others. A special website will be created to provide information and identity for the event. Posters will be sent to schools for students to take home. By involving community organizations and schools, the event will gain additional publicity. Prior Event Organizing Experience: If approved, 2016 will mark the 4th annual Blossom Festival produced by the Saratoga Historical Foundation. Attendance and participation has grown each year. The Saratoga Historical Foundation has successfully conducted fund raising activities as well as produced history-oriented events. Members of SHF have a reputation for capability and would work hard to ensure the event is meaningful to all ages and professionally produced. SHF is committed to making the event a success. Members of the planning committee have corporate experience in planning events as well as have a network of community leaders to draw upon for support. Each Blossom Festival event has used a feedback request form to ensure that subsequent events are improved. Building Community: History and historic preservation are tools often used to build and foster a sense of community. New people to the community want to know more about the community; longtime residents want to remember the community that shaped Saratoga. The Blossom Festival, the Heritage 117 3 Orchard, and the historic Warner Hutton house are all symbols of the past. Combined they provide a sense of identity for Saratoga. The art and cultural events that are integral to the Blossom Festival are also part of the historic legacy of Saratoga. The Blossom Festival enables new and old to connect to Saratoga and have a shared sense of belonging. *Date dependent on availability of orchard, Warner Hutton House, and Civic Center area Prepared February 25, 2015 118 4 2016 Blossom Festival City Community Grant Application Budget Detail Item Estimated Expense & Based on 2015 City-Related Expenses Rental of Warner Hutton House $420 Park Attendant $200 City Group Permit $100 City Banner Holders (7@ $30 each) $210 Garbage/Recycling bins No charge Barricade/cones No charge Sub Total City-Related Expenses $930 Outside Fees Insurance/City for Event, including insurance for using West Valley College parking $350 (Nonprofits Insurance Alliance Group) West Valley College Parking Permit (for parking oversize trailers) $ 35 Rent porta-potties (Special Events) $915 Entertainment My Pony Petting Zoo $600 Music (entertainment) $600 Audio support (first time used in 2015) to improve sound used in Gazebo $350 Food Variety of Food Provided Food Trucks Prune Tasting $25 paper goods Promotion Banners $160 (adapt 2015 banners) Flyers and posters $105 On-Site signage $ 55 Print Programs $450 Ribbons $ 30 Sub Total Outside Fees $3680 Total Request $4600 119 120 121 122 1 2 3 1 2 4 1 2 5 126 127 128 129 130 131 City of Saratoga 2015-2016 Community Event Grant Application Attachment Event Description In April 2016, Montalvo will welcome the community to its historic property and beautiful grounds for Arts Splash, a community celebration and open house that will attract an estimated 3,500 community members of all ages. Admission is free for the daylong event that features live music and performances, visual arts in the Project Space Gallery, and hands-on arts activities. Docents will be on hand to lead public tours of the historic Villa, gardens, and the grounds. The event also offers a unique opportunity to visit the open studios of Montalvo’s Lucas Artists Residency Program. Usually closed to the public, the Residency will open for Arts Splash, giving visitors the opportunity meet current artists-in-residence, witness them in creative action and get a glimpse of their works in progress. Arts Splash will also highlight work created by students and schools served by Montalvo’s Education Program as well as collaborative works and performances created by Bay Area student and youth groups. Arts Splash offers children and families the opportunity to enjoy a diverse range of creative activities, interact with exceptional local, national, and international artists, and explore the history of our community’s important cultural landmark. Other Funding Sources Montalvo will seek funding from corporate, foundation and individuals to support Arts Splash. We hope to secure $16,000 in donations, grants, and in-kind product and service 132 donations/discounts. We also expect to generate $4,500 in revenue from onsite concessions and merchandise sales and fees to park onsite at Montalvo (very limited number of spaces available, anticipated revenue of $1,500). Building Community Montalvo’s annual Arts Splash helps to build community by bringing thousands of individuals of all ages and backgrounds to celebrate together. The event, with dozens of participatory activities, provides opportunities for citizens from Saratoga and neighboring cities to engage socially, bonding through a shared experience and strengthening the connections that are the foundation for a vibrant and engaged community. The event also helps to brand Saratoga as a place that supports the arts and culture and that enthusiastically shares those resources with other cities and communities. 133 City of Saratoga 2015-2016 Community Event Grant Application 2016 Arts Splash - Event Budget Event Expenses Artists/Performers/Presenters $1,300 Art Supplies and Materials $1,300 Audio Production and Equipment Rental $1,200 Shuttles Service to/from West Valley $3,500* West Valley College Parking Permit $ 400* Parking Attendants $ 500 Marketing and PR $1,050 Printing, programs and signage $3,500 Photography $1,000 Wine & Beer Permit $ 175 Emergency Medical Technician $ 250* Porta Potties $1,100 Golf Cart Rental $ 600* Concessions $1,750 Hospitality for Volunteers and Staff $ 400 Montalvo staff and day of event staff $4,000 TOTAL $22,025 A City of Saratoga Community Event Grant will help offset the cost of shuttles transporting attendees from West Valley College and the West Valley parking permit. To help reduce traffic congestion and the impact to air quality in the neighborhoods immediately surrounding Montalvo, we encourage attendees to Arts Splash and our other large public events to take the free shuttle provided by Montalvo that departs from the nearby West Valley College. Onsite parking is discouraged for several reasons. In addition to the neighborhood impact, Montalvo will have very limited parking available on the day of the event. With dozens of staff, vendors, artists, and volunteers working the event and needing to park on site, we estimate that only 75 parking spaces will be available for public use. We are also requesting funds to offset the cost of an onsite EMT and additional golf carts to help transport visitors (particularly those with mobility issues) throughout Montalvo’s expansive and hilly property so that they can experience all of the events and activities offered that day. The city’s support of these items will help ensure public safety and accessibility for the estimated 3,500 event attendees. 134 135 136 Expenses Revised March 6, 2013 Estimated Actual Total Expenses $2,190.00 $0.00 Estimated Actual Estimated Actual Site Refreshments Wildwood facility fee (6hrs)$380.00 Food for artists $0.00 Noise permits banners permits $210.00 $0.00 Banner advertising fee $600.00 Drinks for artists $0.00 Totals $1,190.00 $0.00 Totals $0.00 $0.00 Decorations Program Flowers $50.00 Artists Costs $0.00 Stage décor $100.00 Speakers $0.00 Stage set-up labor $100.00 2 microphone $0.00 Balloons $0.00 5 microphone stands $0.00 Paper supplies $0.00 Accompanist including rehearsal $500.00 Totals $250.00 $0.00 Totals $500.00 $0.00 Publicity Other Graphics work $0.00 Event Insurance $150.00 Photocopying/Printing $100.00 Postage $0.00 Totals $150.00 $0.00 Totals $100.00 $0.00 Miscellaneous Saratoga Newspaper ad $0.00 $0.00 Totals $0.00 $0.00 Event Budget for 9-12-15 Opera in Wildwood Park 137 138 139 140 Saratoga Community Band (under LGS Recreation) - ! Itemized budget for Community Event Grant Application 2015-2016 !!! Event: Saratoga Community Band, Sunday Afternoon Concert in the Park (Wildwood Park)! Date: May 22nd, 2016 12:30 pm - 6:00 pm!! ! ! ! ! ! ! ! ! ! ! ! requested amt! Cost of park use: 5.5 hours at $100/hr , with 50% discount for non-profit! ! $275! Cost of park attendant for the day!! ! ! ! ! ! ! 200! Cost (50%) of professional sound man (Bob Smith, total fee is $400) ! ! 200! Cost to rent truck (50%) to transport percussion to/from Saratoga High! ! 50! !!!!!!!!!!!!$725!!! 141 142 Sa r a t o g a J u l y 4 t h C e l e b r a t i o n - 2 0 1 5 B u d g e t P r o p o s a l Ca s h E x p e n s e s f o r G r a n t r e q u e s t Pa r k R e s e r v a t i o n - K e v i n M o r a n 7 / 4 ( C i t y o f S a r a t o g a ) 3 0 0 . 0 0 C i t y i n t e r n a l t r a n s f e r Pa r k R e s e r v a t i o n - W i l d w o o d 6 / 2 8 ( C i t y o f S a r a t o g a ) 8 0 . 0 0 C i t y i n t e r n a l t r a n s f e r Ev e n t I n s u r a n c e ( C i t y o f S a r a t o g a ) 2 5 0 . 0 0 C i t y i n t e r n a l t r a n s f e r Ba n n e r s p o s t e d ( 7 ) ( C i t y o f S a r a t o g a ) 2 1 0 . 0 0 C i t y i n t e r n a l t r a n s f e r Ch a i r r e n t a l ( 2 0 0 ) 2 0 0 . 0 0 Tr u c k r e n t a l 1 0 0 . 0 0 Po p s i c l e s ( 1 0 8 x 8 j u i c e , 8 x 7 2 f u d g e ) 3 0 0 . 0 0 Dr y i c e ( 5 p c s , 2 7 # s t o t a l ) 3 0 . 0 0 Ro b e r t S m i t h ( s o u n d ) 2 0 0 . 0 0 Ch i l d r e n ' s c r a f t s 1 0 0 . 0 0 fl a g s ( 5 0 0 4 " x 6 " ) - U S A F l a g S t o r e 1 0 0 . 0 0 1, 8 7 0 . 0 0 It e m m a y n o t b e n e e d e d , d e p e n d i n g o n C i t y C o u n c i l d e c i s i o n : Ne w b a n n e r s ( 5 ) 8 0 0 . 0 0 O l d b a n n e r s a r e s l i g h t l y s m a l l e r t h a n t h e r e q ' d 3 ' x 6 ' 2, 6 7 0 . 0 0 Do n a t e d I t e m s Do n o r Si g n a g e 5 0 0 . 0 0 R o t a r y a n d S a r a t o g a F e d e r a t e d C h u r c h Ad v e r t i s i n g F l y e r s 6 0 0 . 0 0 S a r a t o g a F e d e r a t e d C h u r c h Pr o g r a m s 4 0 0 . 0 0 S a r a t o g a F e d e r a t e d C h u r c h 4 2 0 ' x 3 0 ' C a n o p i e s a n d t r u c k 3 6 0 . 0 0 S a r a t o g a F e d e r a t e d C h u r c h Ta b l e s , c o n e s , s h a d e s t r u c t u r e s 1 0 0 . 0 0 S a r a t o g a C E R T Wa t e r 1 0 0 . 0 0 A l a m e d a F a m i l y F u n e r a l s Ad v e r t i s i n g t o l o c a l p r e s s 4 5 0 . 0 0 A n n e t t e S t r a n s k y 2, 5 1 0 . 0 0 $ To t a l E v e n t C o s t 5, 1 8 0 . 0 0 $ \\ O K U N O N A S \ o k u n o s a \ S a r a h s f i l e s \ J u l y 4 t h \ 2 0 1 5 \ J u l y 4 2 0 1 5 B u d g e t . x l s 3 / 3 / 2 0 1 5 2 : 3 5 P M 14 3 144 City of Saratoga Community Event Grant Application SUMMARY OF EVENT Event Name: Health and Wellness Expo Event Date: October 17, 2015 Event Hours: 8:30AM-1:30PM Event Location: West Valley College Grant Request: $5,000 Total Event Cost: $7,000 CONTACT FOR GRANT APPLICATION Contact Name: Marta Weinstock Title: Executive Director Organization: Saratoga Area Senior Coordinating Council Address: 19655 Allendale Ave; Saratoga, CA. 95070 Phone: 408-868-1255 Email: mweinstock@sascc.org ABOUT THE EVENT Event Description: The Health and Wellness Expo is an annual event that is designed to meet the health and wellness questions and needs of Silicon Valley families in the community. For the past two years, through generous sponsorships including from the City of Saratoga, we were able to upgrade our venue to the Campus Center at West Valley College. The 2014 Health and Wellness Expo was a booming success with over 600 people in attendance and 24 vendors on site. There were about 20 physicians from a variety of health specialties demonstrating the latest technology equipment, some with active test participation for the Health & Wellness Expo guests. The demonstrations were highly educational and engaging for the community. El Camino Hospital was the leading sponsor of the event, donating services, branding, promotion and marketing. There were multiple aging related resources, local community 145 service agencies, and a variety of health screenings; in addition, we provided 200 flu vaccinations. We would also like to recognize the other sponsors: Our Lady of Fatima, West Valley College, and West Valley college students who volunteered to support the event. The 2015 Health & Wellness Expo planning is underway. This annual event is a major health resource for our senior members and the entire community. It is a primary source of health resources and education and is easily accessible. Attendees can look forward to a wealth of current, cutting edge information, screenings, high tech medical device and equipment demonstrations, and multiple services conveniently located all together in one place. The event is designed to make getting vital flu shots, health screenings and healthy living information as easy and convenient as possible for our seniors, youth and families by bringing together such a large group of health professionals and resources in a familiar and central location. Key Components The intent of the event is to benefit the entire community, including seniors. We are fortunate in that we will have the return of El Camino Hospital as a major sponsor and contributor for this highly visible event. This adds a dimension that enables this event to stand out from others. The event is free to all attendees. Parking is free for both vendors and attendees Tables and booths are staffed by organizations that provide important information on a range of issues including but not limited to home health security, Alzheimer’s and dementia, cancer, arthritis, foot health, osteoporosis, nutrition, stress, yoga & meditation, acupuncture, bicycle safety, car seat inspections, dermatology, travel, and caregiving among many others. These professionals not only provide general information but are able to take the time to sort out specific questions and provide as much detailed information and follow up as possible to address the needs of the attendees. Here is a sampling of what attendees will find from both El Camino Hospital and from private organizations: o Free health screenings such as vision, blood pressure, skin, hearing, and diabetes o “Ask the Doctor” booths, and innovative health technology demonstrations, like robotics, from El Camino Hospital o Important nutrition information, demonstrations, tastings and recipes o Senior living resources to help older adults and provide assistance to their families 146 o Exercise and wellness for all ages o Medication, battery and outdated mercury thermometer disposal o Financial planning o Health education and resources o Home health and hospice o Community and social services o Veterans information o Transportation resource information We will continue in offering a vendor hospitality suite, sponsored by a partnering organization. Our Health Committee works with the County Health Department to obtain flu vaccines. The Navy Reserves organizes a group of RNs to administer the shots. Estimated Attendance: 1000 This is an annual event over many years. Funding received from the City of Saratoga in the past: $2,380 Other Funding Sources: As with last two years, SASCC plans to partner this event with El Camino Hospital. Some of the additional advertising and marketing will be funded by the hospital but is as yet to be determined. We will seek sponsorship from Our Lady of Fatima to fund the hospitality suite. We also anticipate volunteers from West Valley College classes to assist us in staffing the event. Event Promotion and Planning: We begin promoting at least 3 months in advance of the event, approximately July 2015. The vendors promote through their physician and service offices. SASCC markets via the website, flyers, Facebook the Outlook Newsletter and sends reminders to the Constant Contact mailing list. We will also post via Patch, Saratoga Cares Foundation, SVDC Monday Missives, Chamber of Commerce, City of Saratoga calendar and others. There will be Special invitations to school board, city council, planning commission sponsors etc. in addition to the paid City of Saratoga banner program. Prior Event Organizing Experience Historically, The Health and Wellness Expo has been coordinated by SASCC leadership with years of event planning experience. We have solid partnerships with local organizations who are committed to this annual event. 147 SASCC has been holding this event for well over 10 years, we have expanded the target audience to our wellness expo to include health and wellness for multiple generations. How will this event build a sense of community? This event benefits the whole community. Building upon the health and wellness of the entire of the family unit enhances the benefits to each family member: a circle of care. The event is held here in Saratoga at a very familiar and central location to the community: West Valley College. The time of the event overlaps with the Saratoga Farmers’ Market which will have a positive impact in growing the attendance by locals. All are welcome. 148 Silicon Valley Health and Wellness Expo 2015 Expense Budget Facility Rental including parking 4,080.00$ Flu shot supplies 100.00$ Banners, posters and flyers printing 1,500.00$ Program Printing 500.00$ Banner placement rentals 7 locations 210.00$ Event site banners and signage 300.00$ Volunteer t-shirts 500.00$ Vendor hospitality suite 150.00$ Vaccines no cost; provided by County Health Vaccine Administration Staffing and MD volunteer donation of time by Navy Reserves Staffing most is offset by student volunteers from WVC health programs Giveaways on hand from previous year Juice Bars donation Waters donation Total projected cost:7,340.00$ Notes: Any work will be done by volunteers or through staff schedule adjustments. We will be seeking sponsors as the event date approaches. Specific Funding Request: We are requesting $5,000 to help offset the costs of facility rental of West Valley College,banner production and placement rentals 149 150 ATTACHMENT C: HISTORY OF COMMUNITY EVENT GRANT ALLOCATIONS SINCE FISCAL YEAR 2008/09 EVENT 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 A Salute to Paul Masson & the Saratoga Wine Industry $650 Bollywood Street Dance - Sponsored by SVDC $1,000 $1,300 $1,200 Celebrate Saratoga/Art and Wine (Taste of Saratoga) $10,500 $5,000 $5,000 $5,000 $5,000 Celebrating Service – Assistance League $520 Chamber of Commerce Barbeque $600 Foodie on the Run $1,000 $1,440 Fourth of July Celebration $4,000 $4,000 $100 $1,225 $1,984 $1,900 Hansel and Gretel – Bay Shore Lyric Opera Company $940 Library - Heart of the Community (Saratoga Library 10th Anniversary) $2,000 $1,380 $2,800 Memorial Day Observance $300 $750 $750 $900 Montalvo Arts Center – Arts Splash $3,000 $2,000 Month of the Child Celebration $100 Movie Nights/Wildwood Cinema $1,202 $900 Neighborhood Block Party Support $2,500 Odd Fellows Easter Event $800 Opera at Wildwood – Bay Shore Lyric Opera Company $380 $800 Saratoga Community Band Concert in the Park $240 $350 $325 $600 Saratoga Grammar School Reunion $118 Saratoga Mustard-Blossom Festival $5,000 $4,000 $4,000 $5,000 $4,600 $4,500 Saratoga Serves Picnic $3,640 Saratoga Sister City 25th and 30th Anniversaries and Open Houses $1,200 $618 SASCC Health and Wellness Fair – Saratoga Trails 5K Walk $2,380 $3,600 Village Open House and Winter Wine Stroll (Chamber) $1,000 $2,518 $3,100 Wildwoodstock $2,328 UNSPECIFIED/UNUSED ALLOCATED FUNDS $5,000 $2,400 $2,043 $22 SUBTOTAL TOTAL $27,400 $14,200 $11,500 $12,700 $20,000 $22,253 $21,400 151 HISTORY OF CITY EVENT ALLOCATIONS SINCE FISCAL YEAR 2008/09 CITY EVENT 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 Arbor Day Celebration $100 $100 $100 $250 $250 $350 Citywide Garage Sale $5,000 $5,000 Groundbreakings and Ribbon Cuttings $400 $250 $500 $500 Holiday Tree Lighting $1,000 $1,000 $3,600 $2,000 $2,000 Movie Nights (Previous funding from Community Event Grant Program) $3,600 $3,600 SUBTOTAL $1,500 $6,350 $9,200 $250 $5,850 $6,450 COMMUNITY AND CITY TOTAL $28,900 $20,550 $20,700 $15,000 $20,000 $28,102 $27,850 152 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: City Manager Department PREPARED BY: Monica LaBossiere Tony McFarlane, Finance Manager SUBJECT: Council Resolution to Adopt Memorandum of Understanding for the “UNION” (Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board And Their Affiliated Local Unions July 1, 2015 to June 30, 2019. RECOMMENDED ACTION: Staff recommends the City Council approve the proposed Memorandum of Understanding (MOU) and adopt Council Resolution to Adopt Memorandum of Understanding for the “UNION” (Northern California Carpenters Regional Council, Carpenters California Counties Conference Board And Their Affiliated Local Unions 30, 2019. BACKGROUND: The UNION is the labor organization or exclusive representative of the employees employed by the City in the Streets and Parks Divisions in the classifications of Maintenance Worker I, II, III and Maintenance Lead-Worker. The current Memorandum of Understanding (MOU) with the UNION expire Beginning in February, the UNION 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 3, 2015, the City and the UNION reached a tentative agreement Council approval. 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 th 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 March 18, 2015 Department Monica LaBossiere, Human Resources Manager Tony McFarlane, Finance Manager Council Resolution to Adopt Memorandum of Understanding for the Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board And Their Affiliated Local Unions July 1, 2015 to June 30, 2019. Staff recommends the City Council approve the proposed Memorandum of Understanding Council Resolution to Adopt Memorandum of Understanding for the Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board And Their Affiliated Local Unions) July 1, 2015 to June The UNION is the labor organization or exclusive representative of the employees employed by Parks Divisions in the classifications of Maintenance Worker I, II, III Memorandum of Understanding (MOU) with the UNION expires on June 30 , the UNION and the City have met and discussed the terms and 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 UNION reached a tentative agreement, subject to City The City Council will provide the City’s Negotiating Team final direction on the MOU during the Council does not request further negotiation then a decision on the MOU 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. Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board And Their Affiliated Local Unions) Staff recommends the City Council approve the proposed Memorandum of Understanding Council Resolution to Adopt Memorandum of Understanding for the Forty Six Northern July 1, 2015 to June The UNION is the labor organization or exclusive representative of the employees employed by Parks Divisions in the classifications of Maintenance Worker I, II, III, June 30, 2015. , the UNION and the City have met and discussed the terms and guiding principles of comparability and “market” average in the establishment and maintenance of salary and benefits term for the benefit of , subject to City The City Council will provide the City’s Negotiating Team final direction on the MOU during n a decision made available to the 153 ATTACHMENTS: Attachment A – Resolution Attachment B – UNION MOU (Copies will be available to the public prior to the Council’s decision on the MOU). 154 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING MEMORANDUM OF UNDERSTANDING FOR THE “UNION” (Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference Board and Their Affiliated Local Unions) July 1, 2015 to June 30, 2019 WHEREAS, representatives of the City and the UNION 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 UNION membership on March 3, 2015 and presented to the City Council on March 18, 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 “UNION” 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 18th day of March 2015, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 155 SARATOGA CITY COUNCIL MEETING DATE: March 12, 2015 DEPARTMENT: Community Development PREPARED BY: Erwin Ordoñez SUBJECT: Refinement of City Story Pole Requirements RECOMMENDED ACTION: Review staff research regarding other cities’ story pole requirements the Planning Commission. Specifically, staff is recommending the City Council consider Commission to include the following elements for Requirements: 1) Requiring verification and written certification of story pole placement and heights by a licensed surveyor or civil engineer. 2) Requiring installation of graduated height measurements 20 ft) on the erected story poles 3) Requiring indication of proposed finished grade and finished floor markings and measurements on the corners of the erected story poles 4) Requiring a pad certification letter by a licensed surveyor or ci permit stage for all proposed new structures or extensive remodel/additions which are required to be treated as new structures by the City Municipal Code. BACKGROUND: The City of Saratoga Municipal Code (Zoning Regulations, S requires applicants to erect story poles which depict the building envelopes of proposed structure prior to the noticing of public hearing items or approval of administrative design review by the Community Development Department making bodies make informed decisions regarding construction projects. Recent community experience has demonstrated the need to make refinements to the City Story Pole requirements in order to document the accuracy of story pole placement and heights, understand the relationship between proposed and finish grade relative to n and properties, address safety concerns due to the temporary nature of the story poles and inclement weather considerations, and the ability to consider alternatives or supplemental SARATOGA CITY COUNCIL March 12, 2015 Community Development Erwin Ordoñez, Community Development Department Story Pole Requirements regarding other cities’ story pole requirements and provided direction Specifically, staff is recommending the City Council consider directing the Planning Commission to include the following elements for any future amendment to the City’s Story Pole written certification of story pole placement and heights by a licensed surveyor or civil engineer. Requiring installation of graduated height measurements markings (e.g. 5 ft, 10 ft, 15ft, 20 ft) on the erected story poles Requiring indication of proposed finished grade and finished floor markings and measurements on the corners of the erected story poles Requiring a pad certification letter by a licensed surveyor or civil engineer at the building permit stage for all proposed new structures or extensive remodel/additions which are required to be treated as new structures by the City Municipal Code. The City of Saratoga Municipal Code (Zoning Regulations, Section 15-45.075) currently requires applicants to erect story poles which depict the building envelopes of proposed structure prior to the noticing of public hearing items or approval of administrative design review by the Community Development Department. Story Poles assist the public and the City decision making bodies make informed decisions regarding construction projects. Recent community experience has demonstrated the need to make refinements to the City Story Pole requirements in order to document the accuracy of story pole placement and heights, understand the relationship between proposed and finish grade relative to neighboring structures and properties, address safety concerns due to the temporary nature of the story poles and inclement weather considerations, and the ability to consider alternatives or supplemental and provided direction to directing the Planning any future amendment to the City’s Story Pole written certification of story pole placement and heights by a g. 5 ft, 10 ft, 15ft, Requiring indication of proposed finished grade and finished floor markings and at the building permit stage for all proposed new structures or extensive remodel/additions which are 45.075) currently requires applicants to erect story poles which depict the building envelopes of proposed structure prior to the noticing of public hearing items or approval of administrative design review by the . Story Poles assist the public and the City decision Recent community experience has demonstrated the need to make refinements to the City Story Pole requirements in order to document the accuracy of story pole placement and heights, eighboring structures and properties, address safety concerns due to the temporary nature of the story poles and inclement weather considerations, and the ability to consider alternatives or supplemental 156 information provided by project applicants if story poles are determined to be infeasible due to site characteristics or environmental considerations. On February 4, 2015, at a Joint City Council/Planning Commission/Heritage Preservation Commission Study Session, Council directed staff to prepare an initial summary report of this issue for its review so it can provide guidance to the Planning Commission. Staff Research To assist with the City Council and Planning Commission review of this study issue staff has researched the story pole requirement of neighboring communities with similar characteristic (e.g. Portola Valley, Los Gatos, Los Altos Hills, Novato, Woodside, Hillsborough, etc). A matrix summarizing these requirements is provided as Attachment A and copies of their individual cities requirements is in Attachment B. Additional Costs to Applicants Staff has contacted several local designers who have experience in various cities’ story pole requirements to determine approximate costs for the elements recommended for inclusion in any future amendment to the City’s Story Pole Requirements. These approximate costs are noted below: 1) Requiring verification and written certification by a licensed surveyor or civil engineer Approximately $800-$2,000 depending on the size and complexity of the structure 2) Requiring installation of graduated height measurement markings on story poles Minimal cost, under $100 since installers already do this as part of the standard package in other communities 3) Requiring indication of proposed finished grade and finished floor markings and measurement on the corners of the erected story poles Minimal cost under $100 since installers already do this as part of the standard package in other communities 4) Requiring a pad certification letter by a licensed surveyor or civil engineer at the building permit stage for all proposed new structures or extensive remodel/additions Approximately $1,500 -$3,000 depending on the size and complexity of the structure ATTACHMENTS: Attachment A – Summary Matrix of Story Pole Requirements from various cities Attachment B – Copies Story Pole Requirement from various cities 157 City/Town Story Pole Required Certification Letter Required Allowed Exemption Type of Review Other Elements Comment Novato No No (But Photos)No Staff Determination Los Altos Hills Yes Yes No Staff Determination for some projects Los Gatos Yes Yes Yes New home, 2nd- story addition > 100sf Height, Finished Grade, Finished Floor Markings, Pad Certification at Building Permit Revised by Town Council in 2013 to address past issues with accuracy; exemption only for photosimulation approved by Council Portolla Valley No Yes No Required for New Residential and Staff Determination on others Hillsborough Yes Yes No Structure exceeding 22', New 2-story home, & some 2nd- story additions Woodside Yes No No New Residence Carmel-by-the-Sea No No N/A Staff Determination Cupertino No N/A N/A N/A Requirement recinded by City Council in 2011 Saratoga Yes No No New home, 2nd story addition 158 Ci t y o f C u p e r t i n o Co m m u n i t y D e v e l o p m e n t D e p a r t m e n t R1 D ESIGN R EV I E W P ROCESS (F OR 2 S TORY HOMES ) Ci t y o f C u p e r t i n o Co m m u n i t y D e v e l o p m e n t De p a r t m e n t St o r y P o l e s a M u s t ? Ye s ! S t o r y p o l e s a r e r e q u i r e d b y t h e R 1 O r d i n a n c e an d a r e d e s i g n e d t o g i v e t h e p u b l i c a n o p p o r t u n i t y to v i e w t h e p r o p o s e d m a s s o f y o u r s e c o n d s t o r y . Ho w d o I p u t u p S t o r y P o l e s ? An y l i c e n s e d b u i l d i n g c o n t r a c t o r c a n p u t u p s t o r y po l e s . I n s t a l l h e i g h t p o l e s t o o u t l i n e t h e b u i l d i n g ’ s co r n e r s a n d r o o f - p e a k p o i n t s . T h e m o r e c o m p l i - ca t e d t h e s e c o n d - s t o r y d e s i gn , t h e m o r e c o r n e r s a n d ro o f - p e a k p o i n t s w i l l b e n e e d e d . T w o f o o t h i g h pl a s t i c s n o w f e n c i n g m u s t b e i n s t a l l e d w h e r e t h e ro o f m e e t s t h e w a l l a n d a l o n g r o o f r i d g e s t o m e e t pe a k p o i n t s . Y o u a r e t r y i n g t o s h o w a t o - s c a l e mo d e l o f t h e s e c o n d s t o r y r o o f o u t l i n e . St o r y P o l e s m u s t s t a y u p f o r . . . Th e s t o r y p o l e s m u s t b e i n p l a c e w h e n t h e n o t i c i n g pe r i o d b e g i n s . T h e p o l e s m u s t r e m a i n i n p l a c e u n t i l th e e n d o f t h e a p p e a l d e a d l i n e o r a p p e a l h e a r i n g . Po l e s t h a t a r e k n o c k e d d o w n f o r a n y r e a s o n m u s t be r e - c o n s t r u c t e d i m m e d i a t e l y . My n e w h o u s e s m a l l e r t h a n m y ne i g h b o r s ! ? At t h e t i m e y o u r n e i g h b o r ’ s h o u s e w a s a p p r o v e d , ru l e s a n d d e v e l o p m e n t r e g u l a t i o n s g o v e r n i n g t h e pr o p e r t y m a y h a v e b e e n d i f f e r e n t a n d i t m a y h a v e be e n u n d e r a n o t h e r j u r i s d i c t i o n w i t h d i f f e r e n t r u l e s . Yo u r p r o p e r t y i s g o v e r n e d b y t h e c u r r e n t r u l e s a n d de v e l o p m e n t r e g u l a t i o n s t h a t y o u m u s t c o n f o r m t o . Ca n m y n e i g h b o r o b j e c t t o m y p r o - po s e d t w o s t o r y p r o j e c t ? Ye s , y o u r n e i g h b o r c a n o b j e c t t o t h e p r o p o s e d p r o - je c t a n d c a n a p p e a l a s l o n g a s h e / s h e h a s v a l i d gr o u n d s f o r a n o b j e c t i o n . R e a s o n a b l e o b j e c t i o n s i n - cl u d e t h o s e b a s e d o n h e a l t h , s a f e t y a n d w e l f a r e gr o u n d s – p r o j e c t s t h a t c r e a t e d a n g e r o u s a n d h a z - ar d o u s c o n d i t i o n s f o r t h e n e i g h b o r s . R e s t r i c t e d vi e w s a n d t h e o b j e c t i o n t o a t w o - s t o r y h o u s e p e r s e ma y n o t b e r e a s o n a b l e g r o u n d s f o r a n o b j e c t i o n . Th e y m a y , h o w e v e r , s t i l l f i l e a n a p p e a l . T h e c a s e wi l l b e f i r s t h e a r d a t t h e D e s i g n R e v i e w C o m m i t t e e an d t h e n c a n b e a p p e a l e d t o t h e P l a n n i n g C o m m i s - si o n . T h e C o m m i s s i o n ’ s d e c i s i o n w i l l b e f i n a l . 10 3 0 0 T o r r e A v e n u e Cu p e r t i n o , C A 9 5 0 1 4 Ph o n e : 40 8 - 7 7 7 - 3 3 0 8 Em a i l : pl a n n i n g @ c u p e r t i n o . o r g We b : ww w . c u p e r t i n o . org/planning Co u n t e r H o u r s : Mon - Thurs: 7:30 am - Noon & 1:00 - 5:30 pm Wed: Closed between 9:00 am and 10:00 am Fri: 7:30 am - Noon & 1:00 - 4:30 pm S e c o n d U n i t s / G r a n n y U n i t s Th e c i t y a l l o w s y o u t o c o n s t r u c t a s e c o n d u n i t o n yo u r p r o p e r t y s i n c e t h e c i t y v i e w s t h i s a s a v a l u a b l e so u r c e o f r e n t a l h o u s i n g i n t h e c i t y . A s s u m i n g a l l zo n i n g c o d e r e q u i r e m e n t s , s u c h a s F . A . R . , a r e m e t : § I f y o u r l o t i s l e s s t h a n 1 0 , 0 0 0 s q . f t . , y o u c a n bu i l d a n a t t a c h e d 6 4 0 s q . f t . s e c o n d u n i t . Th i s m a y b e a d e t a c h e d u n i t p u r s u a n t t o Ar c h i t e c t u r a l R e v i e w o f t h e p l a n s b y t h e Pl a n n i n g D e p a r t m e n t . § I f y o u r l o t i s m o r e t h a n 1 0 , 0 0 0 s q . f t . , y o u ca n b u i l d a n 8 0 0 s q . f t . s e c o n d u n i t . If t h e s e c o n d u n i t i s d e t a c h e d , i t n e e d s t o m e e t t h e se t b a c k s o f a n a c c e s s o r y s t r u c t u r e a n d i t m a y n o t co v e r m o r e t h a n 3 0 % o f y o u r r e a r y a r d ( P l e a s e r e f e r to C M C C h a p t e r 1 9 . 8 0 f o r f u r t h e r i n f o r m a t i o n ) . I f i t is a n a t t a c h e d u n i t , i t n e e d s t o m e e t t h e s e t b a c k s f o r th e p r i n c i p a l r e s i d e n c e . Ac c e s s Yo u m a y n o t h a v e i n t e r n a l a c c e s s b e t w e e n y o u r ma i n h o u s e a n d y o u r s e c o n d u n i t . A p r o p o s e d s e c o n d f l o o r s e c o n d u n i t m u s t h a v e a c - ce s s t h r o u g h a s e p a r a t e c o v e r e d i n t e r n a l s t a i r c a s e th a t i n t e g r a t e s i n t o t h e d e s i g n o f t h e h o u s e . Ki t c h e n Yo u r s e c o n d u n i t m u s t h a v e a k i t c h e n t o b e c o n s i d - er e d a s e c o n d u n i t . I t c a n b e a f u l l k i t c h e n . Ow n e r s h i p Th e p r i m a r y p u r p o s e o f a l l o w i n g s e c o n d u n i t s i s t o in c r e a s e r e n t a l h o u s i n g i n t h e c i t y . A l t h o u g h y o u ca n h a v e a s e p a r a t e a d d r e s s a n d s e p a r a t e u t i l i t i e s f o r yo u r s e c o n d u n i t , i t c a n n o t b e u n d e r s e p a r a t e o w n - er s h i p . Re f e r e n c e s : Ch a p t e r 1 9 . 2 8 ( S i n g l e F a m i l y R e s i d e n t i a l R 1 Z o n e s ) o f th e C u p e r t i n o M u n i c i p a l C o d e Ch a p t e r 1 9 . 8 0 ( S e c o n d D w e l l i n g U n i t s i n R 1 , R H S , A an d A - 1 Z o n e s ) o f t h e C u p e r t i n o M u n i c i p a l C o d e G RA N N Y U NITS Af t e r r e a d i n g t h i s , i f y o u h a v e fu r t h e r q u e s t i o n s , c o n s u l t t h e Pl a n n i n g D e p a r t m e n t . 15 9 Ne x t S t e p s Af t e r y o u r e c e i v e t h e a p p r o v a l l e t t e r , t h e r e w i l l b e a t w o - w e e k a p p e a l p e r i o d f o r a n y o n e ( i n c l u d i n g yo u ) d i s s a t i s f i e d w i t h t h e o u t c o m e o f t h e p r o j e c t . Yo u r s t o r y p o l e s a n d n o t i c e b o a r d s h o u l d r e m a i n in p l a c e u n t i l t h i s a p p e a l period passes. You may ap p l y f o r b u i l d i n g p e r m i t s a n y t i m e a f t e r y o u r e - ce i v e y o u r a p p r o v a l l e t t e r ; h o w e v e r , i f a n a p p e a l i s fi l e d a l l w o r k o n t h e b u i l d i n g p e r m i t t i n g p r o c e s s wi l l s t o p . P l e a s e c o n t a c t t h e B u i l d i n g D e p a r t m e n t at ( 4 0 8 ) 7 7 7 - 3 2 2 8 f o r f u r t h e r d e t a i l s o n t h i s m a t t e r . Ti m e l i n e s Fo r a t w o - s t o r y r e s i d e n c e , t h e r e v i e w p r o c e s s m a y ta k e f r o m f i v e t o t e n w e e k s d e p e n d i n g o n w h e t h e r yo u r p l a n s a r e s e n t t o t h e a r c h i t e c t u r a l c o n s u l t a n t an d t h e t i m e i t t a k e s y o u , a s t h e a p p l i c a n t , t o m a k e ch a n g e s a n d r e s p o n d t o c o m m e n t s . Le v e l I v s . L e v e l I I A p p l i c a t i o n s Th e m a i n d i f f e r e n c e b e t w e e n a L e v e l I a n d a L e v e l II T w o - S t o r y R e s i d e n t i a l P e r m i t i s t h e F l o o r A r e a Ra t i o o f t h e h o m e . T h e r e v i e w p r o c e s s i s t h e s a m e ; ho w e v e r , e x p e c t a t i o n s f o r t h e q u a l i t y o f d e s i g n an d m a t e r i a l s f o r a L e v e l I I P e r m i t a r e h i g h e r . Th e r e i s a l s o a s l i g h t d i f f e r e n c e i n t h e r e q u i r e m e n t s fo r t h e n o t i c e b o a r d . I n a L e v e l I n o t i c e b o a r d , y o u ne e d t o p r o v i d e a b l a c k a n d w h i t e o r t h o g r a p h i c , wh i l e i n a L e v e l I I n o t i c e b o a r d , y o u n e e d t o p r o - vi d e a 3 D c o l o r p e r s p e c t i v e . A n o r t h o g r a p h i c i s a fr o n t e l e v a t i o n o f t h e p r o p e r t y w i t h a l l a r c h i t e c - tu r a l d e t a i l s a n d m a t e r i a l s s h o w n o n i t . Ad d i t i o n a l l y , t h e n o t i c i n g r e q u i r e m e n t f o r t h e t w o pe r m i t s i s s l i g h t l y d i f f e r e n t a n d t h u s , t o t a l f e e s a n d de p o s i t s a r e s l i g h t l y h i g h e r f o r a L e v e l I I p e r m i t . Pu b l i c H e a r i n g Ne w t w o - s t o r y r e s i d e n c e s d o n o t r e q u i r e a p u b l i c he a r i n g u n l e s s a n e x c e p t i o n a p p l i c a t i o n o r a n a p - pe a l h a s b e e n f i l e d . H o w e v e r , n e w p r o j e c t s h a v e t o be n o t i c e d t o t h e p u b l i c i n t h e f o r m o f a l e t t e r , pl a n s , t h e n o t i c e b o a r d a n d t h e s t o r y p o l e s . T h e pu b l i c h a s a t w o w e e k s t o c o m m e n t a n d e x p r e s s th e i r c o n c e r n s o r t h e i r s u p p o r t a b o u t t h e p r o j e c t . R 1 R e v i e w P r o c e s s Be f o r e s t a r t i n g y o u r p r o j e c t , b e s u r e t o d i s c u s s y o u r pr e l i m i n a r y p l a n s ( b r i n g a s k et c h o r p i c t u r e s ) w i t h a pl a n n e r . T h i s w i l l s a v e y o u t i m e , m o n e y a n d e f f o r t . Be s u r e t o d i s c u s s t h e p l a n s w i t h t h e P u b l i c W o r k s De p a r t m e n t a t ( 4 0 8 ) 7 7 7 - 3 3 5 4 t o d e t e r m i n e i f a n y st r e e t i m p r o v e m e n t s o r d e d i c a t i o n s a r e r e q u i r e d . Pr e l i m i n a r y R e v i e w On c e y o u a r e s u r e t h a t y o u r p l a n s a r e f e a s i b l e , p r e - pa r e a s e t o f a r c h i t e c t u r a l d r a w i n g s i n c l u d i n g a s i t e pl a n t h a t s h o w s a l l e x i s t i n g t r e e s o n s i t e , f u l l y d i - me n s i o n e d f l o o r p l a n s , e l e v a t i o n s , c r o s s – s e c t i o n s an d a p r i v a c y p r o t e c t i o n p l a n t i n g p l a n , i f o n e i s r e - qu i r e d , a n d b r i n g t h e m t o t h e P l a n n i n g D e p a r t - me n t . T y p i c a l l y , i t w i l l t a k e a b o u t o n e w e e k f o r a pl a n n e r t o g e t b a c k t o y o u w i t h c o m m e n t s . W h e n yo u r e c e i v e t h e c o m m e n t s , m a k e t h e c h a n g e s t h a t ar e n e e d e d . A t t h i s p o i n t t h e p l a n n e r w i l l d e t e r m i n e wh e t h e r t h e p l a n s n e e d t o b e s e n t t o t h e C i t y ’ s a r - ch i t e c t u r a l c o n s u l t a n t . Ar c h i t e c t u r a l R e v i e w If t h e p l a n s n e e d t o b e s e n t t o t h e C i t y ’ s a r c h i t e c - tu r a l c o n s u l t a n t , p l e a s e b r i n g i n t w o 1 1 x 1 7 s e t s o f pl a n s , t w o c o l o r b o a r d s a n d t h e d e p o s i t f o r t h e a r - ch i t e c t u r a l c o n s u l t a n t . T y p i c a l l y , t h e c o n s u l t a n t p r e - pa r e s h i s r e p o r t a n d s e n d s i t b a c k t o t h e p l a n n e r i n tw o w e e k s . T h e p l a n n e r w i l l c o m p i l e a l l t h e c o n s u l t - an t ’ s c o m m e n t s a n d f o r w a r d t h e m t o y o u . Fo r m a l A p p l i c a t i o n & P u b l i c N o t i c i n g On c e c h a n g e s a r e m a d e t o a d d r e s s t h e c o m m e n t s yo u m a y f o r m a l l y a p p l y f o r y o u r p l a n n i n g p e r m i t . Pl e a s e r e f e r t o t h e T w o S t o r y P l a n n i n g P e r m i t A p - pl i c a t i o n F o r m f o r d e t a i l s o n t h e r e q u i r e m e n t s . Th e p l a n n e r m a n a g i n g y o u r c a s e w i l l s e n d o u t t h e no t i f i c a t i o n n o t i c e a s r e q u i r e d p e r t h e O r d i n a n c e , wh e n h e / s h e a p p r o v e s t h e s t o r y p o l e s a n d n o t i c e bo a r d . O n c e t h i s n o t i c e i s s e n t o u t , t h e p u b l i c h a s a tw o - w e e k p e r i o d i n w h i c h t h e y c a n c o n t a c t t h e pl a n n e r w i t h c o m m e n t s a n d c o n c e r n s a b o u t t h e pr o j e c t . I f t h e r e a r e v a l i d c o n c e r n s t h a t n e e d t o b e ad d r e s s e d , t h e p l a n n e r w i l l w o r k w i t h y o u t o r e - so l v e t h e m . W h e n t h i s t w o - w e e k p e r i o d e n d s , t h e pl a n n e r w i l l s e n d a n a p p r o v a l l e t t e r t o y o u a n d a n y pe r s o n w h o h a s c o m m e n t e d o n t h e p r o j e c t . T h i s l e t - te r w i l l c o n t a i n t h e c o n d i t i o n s o f a p p r o v a l f o r t h e pr o j e c t . NO Fo r m a l A p p l i c a t i o n Pu b l i c N o t i c i n g : Tw o w e e k s f o r pu b l i c c o m m e n t s . YE S Se n d f o r r e v i e w 2- 3 w e e k s m i n . Ma k e c h a n g e s to p l a n s Ne e d s Ar c h i t e c t u r a l R ev i e w ? Co n t a c t P l a n n i n g a n d Pu b l i c W o r k s D e p a r t m e n t s fo r p r o j e c t fe a s i b i l i t y . Pr e l i m i n a r y R e v i e w . Al l o w o n e w e e k m i n . Pr e p a r e pl a n s YE S Pr o p o s e al t e r n a t e p l a n s NO Pr o j e c t f ea s i b l e ? Re s u b m i t M i t i g a t e i s s u e s wi t h p l a n n e r Ac t i o n L e t t e r : Se n t t o ap p l i c a n t a n d a n y p e r s o n w h o co m m e n t s o n p r o j e c t . NO YE S An y c o m m e n t s or c o n c e r n s ? De c i s i o n NO NO De s i g n R e v i e w Co m m i t t e e h e a r i n g . YE S Co n t a c t Bu i l d i n g De p a r t m e n t f o r pe r m i t i n f o r m a t i o n Ap p ea l ? A pp ea l ? YE S Pl a n n i n g C o m m i s s i o n he a r i n g . P C d e c i s i o n fi n a l 16 0 1 6 1 1 6 2 1 6 3 1 6 4 1 6 5 1 6 6 1 6 7 1 6 8 TOWN OF HILLSBOROUGH SAN MATEO COUNTY Requirements for the Installation of Story Poles for ADRB Projects As Approved by the ADRB on August 06, 2012 Story poles are required for all ADRB projects twenty-two feet in height or greater (regardless of the number of stories), new two-story houses and second-story additions, to assist in the visualization of the project on the site, the bulk and mass of the structure, and the differing and maximum heights of the proposed structure. Second story additions which are less than 500 square feet in floor area and do not face a street, may be reviewed administratively and may not require installation of story poles, as determined by Planning Staff. Please contact the Planning Division early in the design process to determine the appropriate review process and if story poles will be required for your project. Story pole plan: The applicant must submit a proposed story pole plan and have it approved by the planner in advance of installation. This can be accomplished by bringing the proposed plan to the pre-application meeting, or to the meeting at which the ADRB application is submitted. A separate meeting can be scheduled with the planner for the plan’s review and approval, but the cost of the additional staff time must be covered by the applicant. The plan should be an 8.5” x 11” copy of the roof plan, located on the site plan (or a portion of the site plan). The locations and heights (above existing grade or the existing structure, if applicable) of the proposed poles must be clearly indicated. Ridges and perimeters that will be represented with netting should also be shown on the plan. Rooflines may be simplified for clarity. If there is an existing structure, show the outline of it for reference. Do not use color, as the plans are reproduced in black and white for the ADRB members. See attached example. Installation schedule: The planner will provide a schedule with specific dates for the installation, certification and removal of story poles. Generally, the poles must be installed by no later than 10 business days before the ADRB meeting at which the application will be considered. The installation must be certified within 5 days of the installation date. The poles must stay up through the appeal period, which is 15 days after the ADRB’s final action on the project, and must be removed no later than 20 days after the ADRB’s final action. Continued projects: If a project is continued “off-calendar” for an extended period of time (i.e., more than 3 weeks will pass before the project returns to the Board) story poles must be removed and re-installed prior to the next public hearing on the project. A revised story pole plan must be submitted with the revised plans for the project if the Planning Office (650) 375-7422 Fax (650) 375-7415 1600 Floribunda Ave. Hillsborough California, 94010 169 2 roofline has been changed. Story poles must be re-installed and re-certified by the dates specified by the planner. Story poles shall be installed as follows: 1. The portions of the proposed building/addition shall be staked with poles that reach from the foundation (or the existing structure, where applicable) to the roof at an adequate number of locations to be able to determine the bulk and mass of the structure. It may be necessary to stake more than just the four corners of the building/addition. Additionally, story poles are to be erected at key roof peak/ridge locations (including the highest), to visually demonstrate the different roof heights, and the maximum roof heights. Accessory buildings twenty-two feet high or greater and two story accessory buildings shall be similarly marked with story poles. One- story portions of the proposed building/addition, less than twenty-two feet in height, shall be staked with short ground stakes. 2. All story poles shall represent the final height of the building, with grading accounted for in the height of the poles. 3. All story poles shall be painted with 12” high stripes, alternately black and white, to assist with the visual verification of indicated heights above grade. 4. Netting at least 12” wide of woven plastic fencing, or another equally suited material (in “international orange”, yellow, red, or other contrasting color), shall be assembled to represent the proposed structure. Netting must be supported by stakes or support wires that are strong enough to accurately outline the building mass and height. (See attached diagram.) 5. All story poles and netting shall be installed so as to withstand weather (and remain standing and correctly reflective of the plans) until removal, which shall occur no earlier than 15 days after, but no later than 20 days after, the ADRB’s final action on the project, unless officially notified by staff that there will be an additional public hearing on the application. 6. If the project includes a new or revised driveway location, it shall be staked with short white stakes where the driveway intersects the property line or the back of pavement. 7. All trees 12” or greater in diameter that are proposed to be removed shall be marked with yellow tape. 8. The location of swimming pools and tennis courts shall be outlined with stakes and ribbon at ground level. 9. To facilitate site visits by staff and the Board, be sure that the site address is clearly marked at the street and that the site is made relatively accessible. If possible, a copy of the story pole plan and a reduced set of plans should be made available at the site to help those looking at the poles understand what they represent. Certification Required: By no later than 5 days prior to the public hearing, the applicant shall submit certification by a licensed surveyor or civil engineer that the poles have been installed as per the approved plan. The approved plan (showing locations and heights of the poles) shall be attached to the certification. The certification shall 170 3 bear the professional stamp and signature of the licensed professional. Certification by the project architect will not be accepted. Failure to install and verify the story poles as required will necessitate a continuance of the public hearing to a subsequent ADRB meeting. If you have any questions, call the Planning Office at 650/375-7422. Attachment—Example of Story Pole Plan Story Poles 08/12 171 4 172 1 Height Pole and Netting Policy For Additions and New Construction I. Purpose: It is a policy of the Town of Los Gatos Town Council to have story poles and project identification signs installed on the sites of an active development application. The placement of story poles is extremely helpful and important during the course of Town’s review of applications for new development. Proper and accurate placement of story poles demonstrates the planned rooflines and heights and provides some indication of the potential massing of the proposed structure. Story poles enhance understanding of the project for Town residents, staff, advisory bodies, and decision making bodies. Story poles also provide a visual notice to the community of a forthcoming land use public hearing. Project identification signs present both written and graphical information that will further communicate the proposed project to the community as well as provide the public hearing dates for the development application. This policy is for the benefit of the Town and community and is not intended to create a requirement under the California Environmental Quality Act (CEQA). II. Height Poles and Netting: Height story poles and netting shall be used for the following types of Community Development Department, Planning Division, land use applications:  New residential (excluding single-story accessory structures) and non-residential buildings.  Residential second story additions.  Nonresidential additions exceeding 100 square feet. The terms height poles and story poles are used interchangeably. A. Procedure: When it is determined that story poles are required, the applicant’s engineer, architect or building designer may be required to prepare a “Story Pole Plan” to indicate the locations where the poles will be installed. The Story Pole Plan shall be approved by the project planner prior to the placement of the poles on the site. Once approved, the applicant shall inform the project planner when the placement of the story poles is complete and submit photographs showing installation. The story poles shall be installed consistent with the following requirements: 173 2 Residential: The height poles and netting shall be installed prior to the neighborhood notification process and shall remain in place until the project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until final action is taken. If final consideration of the project is substantially delayed or the project is substantially modified, staff may direct removal or modification of the story poles. Projects that Require Planning Commission or Town Council Action: The height poles and netting shall be installed prior to the public noticing of the matter and shall be kept in place until the project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until final action is taken. If final consideration of the project is substantially delayed or the project is substantially modified, staff may direct removal or modification of the story poles. B. Timing Public notices will not be mailed and/or application(s) shall not be advertised until a Story Pole Plan has been approved by the project planner, the height poles and netting have been installed, and photographs have been submitted to the project planner, as required in Section II.A. C. Location and Number: The number of story poles may vary with each specific project. At the discretion of the project planner, story pole locations shall adequately demonstrate the height, mass, and bulk of the project requiring review. At a minimum, story poles shall be placed at all outside building corners of the building wall (excl uding eaves) and along the rooflines of the proposed structure(s) or addition. Architectural elements such as towers, spires, elevator and mechanical penthouses, cupolas, mechanical equipment screening and similar elements not used for human activity or storage which are visible from the streetscape shall be represented by the story poles. Trees may not be "flagged" or used as a substitute for the erection of story poles. After the placement of the story poles on-site, the applicant shall provide the project planner with photographs of the story poles taken from a variety of vantage points. The vantage point from where the photograph was taken shall be indicated on each photograph. A licensed surveyor or civil engineer shall submit written verification that the height and position of the poles and netting accurately represents the height and location of the proposed structure(s) or addition. 174 3 D. Materials: The material of the story poles shall be indicated on the Story Pole Plan. Story poles shall be constructed of 2"x4" lumber, metal poles, or other sturdy building material acceptable to the project planner. Telephone poles; mechanical equipment, such as cranes; or other materials may be acceptable for higher structures if the Community Development Director determines that the material will adequately portray the height, bulk, and mass of the proposed structure(s) or addition and withstand the wind and weather. At least two foot (2') wide orange woven plastic snow fencing (netting) must be erected to represent the rooflines of the proposed structure(s) or addition. Netting must be supported by height poles that are strong enough to accurately maintain the outlines and height of the structure(s). One of the height poles on each elevation must be clearly marked and labeled in five foot (5') increments measured from existing or finished grade, whichever creates a higher profile, and consistent with the approved Story Pole Plan on file at the Community Development Department. E. Story Pole Plan and Public Safety: All story poles shall be placed, braced and supported to ensure the health, safety and general welfare of the public. The Story Pole Plan shall include the methods used to secure the poles. Applicants shall sign an agreement that holds the Town harmless for any liability associated with the construction of, or damage caused by the story poles. If at any time, the Town determines the story poles to be unsafe, they shall be repaired and reset immediately by the project applicant or, at the Town's discretion, removed. Depending on the scope of the poles, the applicant may be requested to verify with the Building Division of the Community Development Department that no permits and/or inspections are required for the poles. 175 4 F. Exceptions: In the event there are justifiable reasons why story poles cannot be accommodated for all structures proposed to be constructed on the project site, the applicant shall submit a letter to the Community Development Director no later than 45 days prior to the required installation date, clearly articulating the reasons why an exception to the Story Pole requirement is warranted. Requests for an exception and alternative plan will only be considered if the applicant can clearly demonstrate to the Town, and the Town agrees, that the installation of the story poles would: (1) cause a threat to public health and safety or (2) would impair the use of existing structure(s) or the site to the extent it would not be able to be occupied and the business or residential use would be infeasible. Some form of poles and netting and/or on-site physical representation of the project will be required, even if an exception is granted. Planned Development applications with multiple detached commercial structures and/or residential units may request to erect story poles on the locations where the key structures will be placed. The deciding body will take into account the density of the development when considering an exception request. The story poles shall be installed on all corner structures and the structures with the greatest height and mass. An exception to providing story poles for all structures in a Planned Development application with multiple commercial structures and/or residential units shall follow the same procedures as outlined below. The Town Manager will review all justifiable requests for an exception to the Story Pole requirement within 14 days of receipt of the request and shall place the matter on the next available Town Council agenda for consideration by the Council. Written notice of the exception request shall be mailed to property owners and residents of properties within 300 feet of the project site. All requested and approved exceptions shall be posted on the Town's Web site under “What’s New,” in agenda posting locations at Town Hall and the Library, and in the online development activity report when established. If an exception is approved, the applicant will be required to demonstrate the proposed structure height and mass using alternative means as outlined in Section II.H. G. Alternatives: If an exception is granted to the Story Pole requirements, the applicant shall provide digital imagery simulations, computer modeling, built to-scale models or other visual techniques in-lieu of the Story Pole requirements. Simulations may either be prepared by the applicant for technical review by the Town's consultant or the applicant may elect to have the Town's consultant prepare the materials. In either case, the applicant shall be responsible for all technical review(s), materials and cost of the Town’s evaluation and/or preparation process. To ensure accuracy, visual simulations shall comply with the following standards: 176 5  Establishing accuracy of the visual simulation: The applicant shall demonstrate that the dimension and scale of the visual simulation and project setting are equivalent. This is accomplished by examining screen views of the model in plan and elevation views for accurate scaling. The visual simulation must also include reference objects corresponding to known objects in the simulated scene, such as buildings, curbs, utility poles, trees, or any other reference points visible in the simulated scene, whose location is known from surveys or, at a minimum aerial imagery. There shall be a minimum of two reference objects outside of the project in different parts of the photo frame.  Establishing the equivalence of the virtual and actual camera focal setting: The camera lens focal setting or angle of view for each simulation base photo shall be stated. The camera model shall be provided since the angle of the focal view varies with different cameras. The preparer of the photo simulations shall provide the manufacturer specifications indicating the 35 mm film SLF lens correspondence, or other means to calculate the angle of view.  Depict the accurate location of the photo and establish the correspondence of the virtual camera with the visual simulation: The photo location shall be indicated accurately on a map or aerial photo, and the correspondence within the visual simulation should be demonstrated. Simulated views should not employ cropping, or if they must, the original, uncropped rendered image shall be provided. Once the images are cropped, it is impossible to validate their accuracy.  Other Information: The Town's consultant may require other information to assess the accuracy of the visual simulation. H. Removal: Once a final action has been taken and the appeal period is over, the height poles and netting shall be removed at the applicant’s expense within 30 days. If not removed, the height poles and netting will be considered rubbish and will be in violation of Section 11.10.020 of the Town Code and the matter will be forwarded to Code Compliance for enforcement action. III. Project Identification Signs: All development applications that must comply with the story pole and netting requirements shall also provide project identification signs on the development site consistent with the following requirements. A. Timing: Public notices will not be mailed and/or application(s) shall not be advertised until project identification sign(s) have been installed. The location of the project identification sign(s) shall be shown on the Story Pole Plan. The applicant shall 177 6 submit a signed declaration confirming that the project identification sign(s) were installed. The applicant shall also submit a photo showing the on -site sign(s) installed on the subject property prior to the distribution of the public notices. B. Size:  New Residential Structures: One, 2'x2' sign placed on the street frontage. The top of the sign shall be five feet (5’) from existing grade and visible from the main street frontage. The sign shall indicate the scheduled public hearing date and the availability of plans for review at the Community Development Department.  Commercial/Industrial Remodels or New Construction: One 4'x8' sign on each of the property frontages that are visible to surrounding public right of ways, including pedestrian trails such as the Los Gatos Creek Trail. The top of the signs shall be six feet (6') from existing grade. The Community Development Director may require additional signs for development sites that have large frontages.  Downtown (C-2 Zone) Remodels or New Commercial Development: One 2' by 3' vertical sign constructed of metal frame with water resistant plastic or laminated face. In cases where it is infeasible to install a free-standing sign, the posting of a durable, all weather sign on or inside the window of a building is permitted, provided the sign is visible from public locations outside the building. Requests for an exception to the free-standing sign requirements shall be made to the Community Development Department in writing no less than 30 days prior to the public hearing for the project. C. Number and Placement of Signs: With one exception, on-site signs shall be placed on each street frontage of the site. The exception is for permits related to an individual new single family dwelling. In this case, only one sign on the street frontage is required. The signs shall be oriented towards the street, within one foot (1') of the front property line or two feet (2 ') of the back of the sidewalk. D. Materials: Signs shall be constructed of durable materials, such as foam core or plywood, and shall be laminated during the rainy season (October through April). The sign colors shall be a white background with black printing, and color graphics (excluding single family, which may have black and white graphics). As noted under Section III.B., signs in the Downtown C-2 Zone shall be constructed of higher grade materials, including a metal frame and a plastic or laminated poster board face. 178 7 E. Sign Content: Up to 75% of the overall sign area must be used to provide a general description of the project; including number of residential units or commercial buildings and square footage; a color perspective drawing, three-dimensional image or photographic simulation and the name and contact information of the project applicant. Single family remodel projects are not required to provide a rendering on the sign. The public notice portion of the sign message must constitute 25 percent of the overall sign area and notify the community of the public hearing date and time and contain the following message “For more information about this project, please contact the Town of Los Gatos Planning Division at 110 E. Main Street, Los Gatos, (408) 354- 6872. The project address and application number shall be included on the notice. F. Duration of Sign Posting: Project identification signs shall be placed on site consistent with the timing of installation of the story poles (See Section II.B.) and shall be removed within 30 days of the final actions (See Section II.H.). G. Maintenance: The applicant is responsible for replacement of any missing, damaged or vandalized signs within five days of request by the Town. The Town may cease processing of the application if the signs are not replaced and/or maintained. IV. Definitions: Height: As defined by the Zoning Ordinance, height is determined by the plumb vertical distance from the natural or finished grade, whichever is lower and creates a lower profile, to the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above that grade. For portions of a structure located directly above a cellar (refer to Section 29.10.020 of the Zoning Ordinance for definition of cellar), the height measurement for that portion of the structure shall be measured as the plumb vertical distance from the existing natural grade to the uppermost point of the structure directly over that point in the existing natural grade. Roofline or edge: The contour or shape of a roof. This policy was adopted by Town Council on August 5, 2013 (Resolution 2013-032) N:\DEV\RESOS\2013\Story Pole Policy Resolution.8-5-13. [EXHIBIT A].FINAL.docx 179 TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, CA 94022 Phone: (650) 941-7222 www.losaltoshills.ca.gov Story Pole Policy Revised- 6/8/05 PURPOSE To request new construction and some remodels be staked on site and that height poles and netting shall be erected to provide the decision making bodies (City Council, Planning Commission, Planning Staff and neighbors) with a better visual tool to evaluate proposed construction. POLICY Story poles and netting shall be used for the following types of applications: • New residential and nonresidential buildings. • Residential second story additions. • Additions exceeding 900 square feet and increases in roof height. • Accessory structures and second units. • Driveway entrance modifications, tennis courts and pools (outlined with stakes and ribbon at ground level). • Trees proposed to be removed (marked with ribbons or tags or some type of obvious marker). • Exceptions may be granted by the Planning Department based on scope of work proposed. Timing Story poles shall be installed approximately two weeks prior to advertising the project for public hearing and sending notice to neighboring property owners. Staff will inform the applicant when the story poles should be installed. The story poles and netting shall remain in place until the project has been reviewed and the appeal period has passed. If the project is appealed, the netting and ribbons shall remain until the appeal has been acted upon. The applicant shall provide photographs of the installed story poles and netting. Please note that public notices will not be mailed until the height poles and netting are installed and approved by staff. Requirements The project Surveyor or Civil Engineer shall determine the perimeter points of the proposed structures for story pole installation. Story poles shall be constructed of rigid material (plastic piping is not acceptable) and a two (2) foot wide band of woven plastic snow fencing which must clearly outline the proposed ridgelines and eaves for the new structure, addition and/or accessory buildings. Additionally, proposed swimming pools, tennis courts and/or driveway modifications 180 Story Pole Policy Page 2 should be outlined and marked with ribbon at ground level. Please note that all trees proposed to be removed shall be marked with tape, flags, or other obvious identification markers. Staff may approve alternative materials for story pole construction for minor projects. If you have questions about materials contact the Planning Department. Height Pole and Netting Instructions Netting at least two feet (2’) wide and made of woven plastic snow fencing must be erected to represent the roofline of the proposed structure/addition. Netting must be supported by height poles strong enough to accurately maintain the outline and height as shown below (plastic piping is not acceptable): Roof Plan Post locations Story Poles 2’ netting to cover proposed height The height of story poles should indicate the final height of the building (grading should be accounted for in the height of the poles). 181 Page 1 of 2 CDP044;01/24/14 PLACEMENT OF STORY POLES I. PURPOSE A. To allow review authorities and the public an opportunity to evaluate the potential visual effects of new development prior to construction. II. POLICY A. Require developers and property owners to place story poles at the site of future construction when deemed appropriate by the Review Authority. B. The poles shall be placed in a manner, which accurately depicts a proposed structure(s) location, mass, bulk, height, and other relevant information prior to action on a development application. III. PROCEDURE A. A development application for construction, requiring a discretionary action is received by the City for processing. B. The Community Development Department staff shall discuss with the applicant the potential need to place story poles on the property prior to action on the development application. If requested, a copy of this administrative policy will be provided to the applicant. C. The need for, and the placement of, story poles shall be as determined by the Community Development Director. In some cases, where appropriate, the placement shall be as determined by the Review Authority. D. For those applications being considered at a Design Review Workshop, typically placement of the story poles will be requested by the Committee after the Workshop is held. This procedure does not prevent the Planning Commission and/or the City Council from also directing the placement of story poles if deemed necessary. E. The information depicted by the placement of story poles may include, but not be limited to illustrating; the location, height, bulk, massing, finish floor height, grading and tree removal of proposed construction when viewed from the adjacent neighborhood or properties and in some instances, such as with hillside development, a large area of the community. F. In order to illustrate the information determined necessary by the Review Authority, story pole placement may be as simple as placing several wooden poles at the perimeter of the proposed structure or a more complex arrangement of poles 182 Page 2 of 2 CDP044;01/24/14 that are connected by construction barrier tape or similar material to illustrate the ridgelines and full massing of the structure. Additional information corresponding to a handout described below may be required such as placing markings on the poles to note finish grade, finish floor height, parapet or eave height and maximum height of roof. The structure=s footprint shall be outlined on the ground in chalk. G. A reduced size (no larger than 11" x 17") site plan handout shall be provided to City staff to be distributed to the Review Authority. The plan shall include adequate information to illustrate the orientation of the poles by a numbering system with corresponding numbers to those placed on the story poles. A simple roof plan outline shall be included. A legend shall be included which provides a graphic representation of a story pole with color or other markings to clearly demonstrate information such as finish grade, finished floor height, parapet or eave height and maximum height of roof. H. Once the story poles are in place, the poles shall be numbered and the applicant shall photograph the property in question to document the location of the poles from various vantage points as agreed to by the City. The photographs will serve as part of the record for visual assessment of the project. I. The applicant shall install the story poles and provide all required information at least 10 days prior to consideration by the Review Authority. Staff will provide notice to the appropriate Review Authority(ies) of the date story poles are to be placed at a project site. The mailed public notice shall indicate when the story poles will be in place and that a site plan handout, as described in G above, is available at the Community Development Department. APPROVED: _________________________________________ ____________________________ Robert Brown, Community Development Director Date For further information, please contact the City of Novato, Department of Community Development at: $ 922 Machin Avenue, CA 94945 $ (415) 899-8989 $ www.novato.org Section 4.1.1 Community Development Procedures Manual Revised: 7/8/04 183 184 185 Story poles are frequently used in Woodside to help decision makers, staff, neighbors, and other interested parties to visualize the mass of a proposed project and potential visual impacts to adjacent properties and streets. Story poles should reasonably indicate building corners, roof ridges, setbacks, or other physical aspects of the projects. Story poles should be erected at least fourteen days prior to the meeting date, and removed no later than fourteen days after the meeting date, unless requested differently by staff. Please follow these steps if your project entails a second story addition, a new structure, a major addition, and/or if staff requests that they be erected. 1. Erect poles equal to eave heights at each corner of the proposed structure. Such poles should be erected at appropriate heights to approximate heights of the finished project. 2. Erect story poles equal to the heights of the proposed roof ridges. Poles should be placed at the ends of the ridges. 3. Connect the eave poles and ridge poles with ribbon or boards so that the outline of the proposed structure/project is easily discernible on site. (See diagram below.) 4. All story poles need to be erected so as to withstand weather and remain standing until meeting dates. 5. If a new driveway entrance is being proposed, please mark the driveway with white stakes to show where it will enter the road. 6. If address numbers are not clearly seen from the roadway, please place a sign at the property entrance which identifies the address of the property. 7. If a swimming pool and/or gate is proposed, the location(s) of the swimming pool and/or gate shall be shown using stakes for the gate and string or ribbon for the swimming pool. Contact Planning Staff (650 851-6790) at the Planning Department should you have any questions, or would like direction as to what poles need to be erected. LOCATION OF STORY POLES – WORKSHEET REV. 10/12/2012 186 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: Recreation and Facilities PREPARED BY: Michael A. Taylor, Director SUBJECT: Modification to the Project Background for Capital Improvement Project No. 9331 002 - Community Cool Roof Replacement. RECOMMENDED ACTION: Adopt a resolution approving the modifications to Capital Im Community Center Cool Roof Replacement BACKGROUND: During the fiscal 2014-15 Capital Improvement Project $90,000 to replace the roofing system on the Community Center and Senior Center building. Staff requested bids from six (6) roofing contractors and received three (3) bids. The bids to replace the roof on the entire building ranged from $134,007 to $131,488, exceeding the approved CIP budget allocation. The increase in cost from the original projections were due to a number of factors, including the new Department of Industrial Relations requirements, the new minimum insurance requirements, increased bonding costs, and the prevailing wage certified payroll requirements for construction projects. Staff then requested the bidders to resubmit their bids building. The lowest responsible bidder, submitted a bid to and repair the plywood deck as needed, and then cover building (Sections D, E, and F shown on the revised project page system with an AcryShield coating on top FISCAL STATEMENT: The $90,000 cost of the project at the reduced level additional costs are anticipated, and the new roof should reduce ongoing operational maintenance costs. The new roof system will reduce the c increase energy efficiencies as well as reduce utility SARATOGA CITY COUNCIL March 18, 2015 Recreation and Facilities Michael A. Taylor, Director Modification to the Project Background for Capital Improvement Project No. 9331 Cool Roof Replacement. Adopt a resolution approving the modifications to Capital Improvement Project No. 9331 ty Center Cool Roof Replacement. 15 Capital Improvement Project (CIP) budget process, Council approved $90,000 to replace the roofing system on the Community Center and Senior Center building. Staff requested bids from six (6) roofing contractors and received three (3) bids. The bids to ing ranged from $134,007 to $131,488, exceeding the The increase in cost from the original projections were due to a number of factors, including the new Department of Industrial Relations (DIR) registration e new minimum insurance requirements, increased bonding costs, and the prevailing wage certified payroll requirements for construction projects. Staff then requested the bidders to resubmit their bids to exclude the Senior Center wing of the lowest responsible bidder, submitted a bid to remove the asphalt and gravel, check and repair the plywood deck as needed, and then cover the entire Community Center side of the shown on the revised project page) with a polyurethane foam system with an AcryShield coating on top for $90,000. at the reduced level is currently funded in the CIP budget additional costs are anticipated, and the new roof should reduce ongoing operational . The new roof system will reduce the carbon footprint of the building and as well as reduce utility costs. Modification to the Project Background for Capital Improvement Project No. 9331- provement Project No. 9331-002 budget process, Council approved $90,000 to replace the roofing system on the Community Center and Senior Center building. Staff requested bids from six (6) roofing contractors and received three (3) bids. The bids to ing ranged from $134,007 to $131,488, exceeding the The increase in cost from the original projections were due to a registration e new minimum insurance requirements, increased bonding costs, and the to exclude the Senior Center wing of the remove the asphalt and gravel, check the entire Community Center side of the polyurethane foam is currently funded in the CIP budget. No arbon footprint of the building and 187 ATTACHMENTS: Attachment A – Resolution Amending Original Scope of CIP Project. Attachment B - Revised Project Page 188 RESOLUTION NO. 15-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING A CHANGE IN THE SCOPE OF A CAPITAL IMPROVEMENT PROJECT WHEREAS, the City of Saratoga authorizes and budgets for Capital Improvement Projects (CIP); and WHEREAS, the City of Saratoga receives bids for these projects that are higher or lower than the original estimated amount; and WHEREAS, the scope of work for these projects must occasionally be modified in order to meet the established budget, NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby adopt the revised Community Center Roofing project (attached). The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of March 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 189 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN FACILITY PROGRAM COMMUNITY CENTER Project Name Community Center Cool Roof Replacement Project Number 9331-002 Department Recreation & Facilities Project Manager Thomas Scott Description Installation of a new $90,000 cool roof at Joan Pisani Community Center. Location This project is located at the Joan Pisani Community Center Building. Project Background This project will replace the 25 plus year old roof at the Joan Pisani Community Center building (which includes the Saratoga Senior Center Sections D, E, and F shown in the aerial above) with a spray-on cool roof system. The cool roof reflects and emits the sun’s energy back to the sky instead of allowing it to enter the building below as heat. This is expected to cool the roof by an average of 20 to 30 degrees. The new roof will come with a 10-year warranty that will cover issues such as leaking. Preventative maintenance will continue to be included as part of regular staff duties. Operating Budget Impacts This project will reduce the need for costly air conditioning, which will result in approximately 5 - 7% energy savings during the summer months. Annual cleaning to maintain the roof’s effectiveness will likely increase the operating budget by $2,000 in roofing contract services per year. F E D 190 SARATOGA CITY COUNCIL MEETING DATE: March 18, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Crystal Bothelio SUBJECT: Donation Policy RECOMMENDED ACTION: Adopt resolution establishing the City of Saratoga Donation Policy. BACKGROUND: Periodically, individuals or organizations wish members of the Council, Commissions, or s would help establish consistency in the manner in which the City accepts donations or makes requests. While the proposed donation policy was prepared based on current practices, as well as the policies of other local governments, the City Council may change or adjust any element of the policy as it sees fit. The proposed donation policy is distinct from the Employee Gifts Policy and does not the City from Fair Political Practices Commissions (FPPC) reporting obligations for agency (FPPC Form 801) or behested payments ( ATTACHMENTS: Attachment A - Resolution Establishing City of Saratoga Attachment B - Proposed City of Saratoga Donation Policy SARATOGA CITY COUNCIL March 18, 2015 City Manager’s Office Crystal Bothelio, City Clerk Adopt resolution establishing the City of Saratoga Donation Policy. Periodically, individuals or organizations wish to make donations to the City or the City (through members of the Council, Commissions, or staff) may request donations. This policy, if adopted, would help establish consistency in the manner in which the City accepts donations or makes While the proposed donation policy was prepared based on current practices, as well as the e City Council may change or adjust any element of the The proposed donation policy is distinct from the Employee Gifts Policy and does not exempt the City from Fair Political Practices Commissions (FPPC) reporting obligations for gifts to an ) or behested payments (FPPC Form 803). Resolution Establishing City of Saratoga Donation Policy Proposed City of Saratoga Donation Policy to make donations to the City or the City (through s policy, if adopted, would help establish consistency in the manner in which the City accepts donations or makes While the proposed donation policy was prepared based on current practices, as well as the e City Council may change or adjust any element of the exempt gifts to an 191 RESOLUTION NO. 15-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A DONATION POLICY WHEREAS, periodically, individuals and organizations wish to make donations to the City of Saratoga; and WHEREAS, the City of Saratoga appreciates this generosity and the City of Saratoga Donation Policy establishes provisions and procedures for acceptance and solicitation of donations by the City of Saratoga; and WHEREAS, the policy is intended to promote uniformity and consistency in City practices as they relate to donations. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby adopt the City of Saratoga Donation Policy (attached). The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of March 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 192 Page 1 of 7 City of Saratoga Donation Policy I. Purpose Members and supporters of the Saratoga community from time to time wish to support the community by making donations to the City of Saratoga. The City Council appreciates this generosity and has adopted this policy regarding donations to the City of Saratoga, including City departments and City sponsored programs, activities, and events. (This policy is distinct from the Employee Gifts Policy, which provides City of Saratoga employees with a clear standard about when it is acceptable and prohibited to accept gifts from a member of the public, a business, an organization, or other entity.) II. Definitions 1. Donation: a contribution made to the City without expectation of goods, services, or significant benefit or recognition in return. Donations may be in the form of money or in-kind contributions of products, services, investment securities, real property (land), or any combination thereof. A donation may be unrestricted, where the donor has placed no limitation on its use, or restricted, where the donor has restricted its use to a specified purpose. Donations that, if accepted, would obligate the City to enter into a service, procurement, or other agreement shall not be considered a donation. Grants to the City from a local, state, or federal agency are not subject to this policy. 2. Donor: Any organization or individual who provides the City with a donation. 3. Donation Agreement: An agreement between the City and the donor that details any restrictions on a donation as well as the respective obligations of the donor and the City. 4. Fundraising: Any activity conducted with the intent of generating donations to the City. Fundraising activities may include, but are not limited to, promoting endowment programs, program adoption or pledge drives, and contacting individuals, companies, foundations, or other entities with a request for a donation to the City. III. General Provisions 1. The City welcomes unrestricted donations as well as restricted donations that enhance City services, reduce costs that the City would incur in the absence of the donation, or that otherwise provide a benefit to the City. The City may decline any donation without comment or cause. 2. Donors shall not expect, nor shall the City grant, any extra consideration to the donor in relation to City procurement, regulatory matters, or any other business, services, or 193 Page 2 of 7 operations of the City. To avoid the possible appearance of extra considerations, members of the Planning and Heritage Preservation Commissions and staff of the Community Development Department are not authorized to solicit donations to the City. 3. No City Council member, Commissioner, employee, or volunteer shall solicit donations in excess of $500 in money or in-kind services for any City project, program, activity, or event (“supported activity”) unless the City Council has approved a fundraising plan for the supported activity. A recommended form for a fundraising plan is attached as Exhibit A to be revised as appropriate for the fundraising goal and type of supported activity in question. 4. Donations must be directly related to providing goods or services to the public or for another valid public purpose. Donations may not be used for personal financial gain of any City elected or appointed official or employee. 5. The net benefit of a donation should be considered when determining whether to accept a donation. Net benefit includes all lifecycle costs of ownership, including maintenance, repair, clean-up, administrative, and any potential liability or expenses that may be associated with the donation. a. Donations may not be used to implement new on-going programs or services unless a permanent source of revenue is identified to support the program or service. b. Potential costs and liabilities should be considered if a donation of personal property or of a service does not include the same indemnification, insurance, bonding, or warranties that the City would normally receive through procurement of personal property or services. c. Real property may be donated to the City provided that it will not expose the City to an unreasonable risk of litigation or liability, because of the physical condition of the property or existence of claims, liens, and encumbrances against the property. 6. Council members and other City officials are responsible for reporting fundraising activities and donations as required by applicable laws and regulations. IV. Procedures 1. Pursuant to City Code section 2-20.050, the City Manager may accept on behalf of the City donations in any amount that are consistent with this policy, provided that the donation does not obligate expenditures of non-donated City funds (e.g., as matching funds) that are either (i) in excess of twenty-five thousand dollars or (ii) not otherwise identified in the City of Saratoga Operating or Capital Budget. The City Manager may accept or decline any donation in the City Manager’s sole discretion 194 Page 3 of 7 and may choose to request City Council consideration of any donation. The City Manager shall report to the City Council on all donations in excess of $1,000 at a City Council meeting within thirty days of accepting the donation. 2. The City Council shall consider proposed donations beyond the authority of the City Manager set forth above as well as proposed donations referred to it by the City Manager. The City Council may accept or decline any donation at its sole discretion. 3. All donations will receive appropriate recognition as determined by the City Manager or City Council at the time the donation is accepted, taking into consideration the nature and level of the donation. Upon request of the donor or if specified in a City- initiated request for donors, limited forms of promotional activity (such as logo or name placement on signs, flyers, and other materials related to a program or activity supported by the donation) are permitted. The appearance of traditional commercial advertising should be avoided and the size of donor recognition should be in keeping with the size of non-recognition information used in the materials. The agreed upon form of recognition should be identified in the donor receipt or a donation agreement. Any naming of City parks, property, or facilities shall follow the guidelines set forth in the City’s Policy Pertaining to Naming City-Owned Land and Facilities. 4. When donations with a value in excess of $250 are accepted or upon the request of the donor, the City will issue the donor a receipt indicating the amount of the donation or describing the goods or services donated within 30 days of receiving the donation. (In accordance with the Internal Revenue Code the City does not provide an estimated value of in-kind donations; donors may refer to IRS Publication 561 for more information on valuing donated property.) The donation receipt shall also include the date of the donation, the name of the donor, the purpose of the donation (if a restricted donation), a brief description of any public recognition that will be made by the City, and note that the donor received no goods or services in exchange. The original receipt shall be submitted to the donor and the City shall retain a copy. A sample donation receipt is attached as Exhibit B. 5. Before acceptance of a restricted donation or a donation valued at $5,000 or more, the respective obligations of the donor and the City shall be set forth in a donation agreement. A sample donation agreement is attached as Exhibit C. The City Manager or City Council may require donation agreements for donations valued at less than $5,000. 6. The City shall maintain records for the receipt of all donations and shall comply with all reporting requirements and regulations including, but not limited to, FPPC Regulation 18944.2 Gifts to an Agency. For donations that were made at the behest of a City Council member that person shall determine whether a Form 803 (Behested Payments Report) is required pursuant to the Political Reform Act. 195 Page 4 of 7 EXHIBIT A – FUNDRAISING PLAN FORM City of Saratoga Fundraising Plan Fundraising Plan Title & Purpose: Please provide a title and description for your fundraising project. Fundraising Participants: Please list the names for all groups and individuals that will be conducting fundraising. Donation Type/Amount: Please describe the types and amount of donations that will be sought. Anticipated Donors: Please describe who will be approached for donations. Donor Recognition Plan: Please describe how donors will be recognized. Fundraising Timeline: Council Review of Fundraising Plan: Fundraising Start: Fundraising Completion: Council Review of Donations: Donor Recognition Complete: Restrictions/Reporting: Please identify any restrictions or reporting requirements associated with this fundraising plan. 196 Page 5 of 7 EXHIBIT B – SAMPLE DONATION RECEIPT City of Saratoga Donation Receipt This is to confirm that on __________________ [insert date] the City of Saratoga received from __________________________________________________ [insert donor name and address]: o a monetary contribution of $_________________ o a non-monetary contribution consisting of [describe goods, services, property, securities, etc.]: No goods or services were provided by the City of Saratoga in return for the contribution. The City sincerely appreciates your donation. _______________________ Mary Furey Administrative Services Director City of Saratoga 197 Page 6 of 7 EXHIBIT C – SAMPLE DONATION AGREEMENT City of Saratoga Standard Donation Agreement The undersigned Donor wishes to make a donation to the City of Saratoga as described in more detail below. Donor is (check and complete all that apply): o donating $_________________________ in a lump sum o donating $_________________________ in __________________ (monthly, quarterly, etc.) payments of $_________________________ in __________________ installments. o donating the following (describe products, services, investment securities, real property, etc.): o If this box is checked the City’s acceptance of the donation described above is subject to the conditions specified on Attachment 1. o If this box is checked this donation is restricted to the following uses: City will publicly recognize donor by (describe recognition): o If this box is checked this donation is being made at the behest of Council Member/Commissioner/City Staff Member __________________________. In connection with administering this agreement, Donor and City shall work through the following primary representatives: City of Saratoga Donor Primary Representative: Address: Telephone: Fax: Cell Phone: E-mail: 198 Page 7 of 7 In addition to the foregoing, Donor and City understand and agree that: 1. The City will provide Donor with a donation receipt indicating the amount of the donation or estimated value of goods or services donated within 30 days of receiving the donation. 2. Donor’s contribution to the City will be recognized publicly as described above. 3. Except as provided above, the City may use the donation in any manner at its sole discretion and Donor has no right or obligation to control City’s use of the donation. 4. Donor has not and will not receive any goods or services in exchange for the donation and the City will not grant any extra consideration to the donor in relation to City procurement, regulatory matters, or any other business, services, or operations of the City. 5. Donor confirms that unless indicated otherwise above this donation is not made at the behest of a City Council Member or of any member of the Planning or Heritage Preservation Commissions or staff of the Community Development Department. IN WITNESS WHEREOF, the parties hereto have executed this agreement. Donor City of Saratoga James Lindsay, City Manager Name Title Date: Date: ATTEST: Crystal Bothelio, City Clerk Date: APPROVED AS TO FORM: Richard Taylor, City Attorney Date: 663906.5 199