HomeMy WebLinkAbout12-16-2015 City Council Agenda Packet1
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
DECEMBER 16, 2015
SPECIAL MEETING – 5:30 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.
LIBRARY COMMISSION STUDY SESSION – 5:30 P.M.
COUNCIL NORMS STUDY SESSION – 6:15 P.M.
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]
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 December 11, 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 11th day of December 2015 at Saratoga, California.
Crystal Bothelio, City Clerk
CITY OF SARATOGA
Memorandum
To: Saratoga City Council
From: Crystal Bothelio, City Clerk/Assistant to the City Manager
Date: December 16, 2015
Subject: Library Commission Study Session Supplemental Materials
Attached to this memorandum is material provided by Vice Mayor Emily Lo to help facilitate
discussion during the December 16, 2015 City Council Study Session on the Library Commission.
The attachments include comments from Santa Clara County Librarian Nancy Howe and examples of
Library Commission duties from other cities.
From:Emily Lo
To:James Lindsay ; Debbie Bretschneider ; Manny Cappello
Cc:Emily Lo
Subject:Library Commissions
Date:Monday, December 07, 2015 5:18:40 PM
Attachments:Duties of Library Commission.docx
HI all,
Here’s an email I received from County Librarian Nancy Howe on duties of Library Commissioners,
should you wish to include any part of it in the Study Session on Dec. 16.
Regards,
Emily
From: Nancy Howe [mailto:NHowe@sccl.org]
Sent: Thursday, November 19, 2015 11:56 AM
To: 'Emily Lo (emilylo@mplususa.com)'
Subject: Library Commissions
Hi Emily,
Please find attached the “official” job descriptions of the various city library commissions. In
addition, to helping to publicize the library in the community, the commissions have adopted
various projects. One common project is to “table” at community events, usually joined by staff.
This gives commissioners a chance to interact with their neighbors about library services. Also,
some commissioners help set up presentations on library service and they accompany staff to the
event ( such as a local service group or club). Some commissioners meet with other city
commissions to improve service coordination. Right now, I see library commissions in some cities
working with the bike commissions to locate repair stations outside libraries. Also they meet with
senior commissions and teen commissions. Other more unique projects have been to sponsor essay
contests, art contests, speaker series on topics relevant to their cities (sustainability). All
commissions report occasionally to city council about library services. Some councils proactively ask
commissioners for input about city projects that could affect the library.
Please let me know if this is what you are looking for and if I can provide anything else.
Happy Thanksgiving,
Nancy
Nancy Howe | County Librarian
Santa Clara County Library District | www.sccl.org
Services & Support Center | 1370 Dell Ave | Campbell, CA 95008
(408) 293-2326 x 3001
NOTICE:
This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the
individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering,
distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you
have received this message in error, please notify the sender by return email.
Campbell
2.33.040 - Duties—Responsibilities.
The duties of the Civic Improvement Commission shall be to:
(1)
Act in an advisory capacity to the City Council and to cooperate with other governmental agencies and civic
groups and voluntary organizations in the areas of cultural and historical needs, health and welfare services,
beautification, environment, library needs, and issues related to youth and senior citizens;
(2)
To identify community needs and problems within the scope of concerns assigned to the Commission;
(3)
To provide channels for the expression of community needs and problems as previously enumerated;
(4)
To advise the City Council as to what available resources could be used to deal with them;
(5)
Interpret the policies and functions of the Civic Improvement Commission to the general public;
(6)
To promote community interaction in all phases of civic needs as the City grows and changes in its new
environment.
Cupertino
2.68.070 Duties–Powers–Responsibilities.
The Library Commission shall have the following duties, powers and responsibilities, and such other as they may be
entrusted with by the City Council from time to time:
A. Consult with the City Council, the City staff and the Santa Clara County Library Joint Powers Authority and staff
regarding the functioning of the physical facilities of the Cupertino Library and shall make recommendations from time
to time for improvement or modification thereof;
B. Consult with the City Council, the City staff and the Santa Clara County Library Joint Powers Authority and staff
regarding the Cupertino Library programs and services to the community and shall make recommendations from time to
time for improvements or modifications thereof;
C. Consult with and act as liaison with private community groups supportive of the library program;
D. Consult with the architect and the City Council in the planning of any main or branch library building facilities,
including locations, building layout, architecture, landscaping and furnishings;
E. Hold hearings, formulate policies and make rules and procedures with respect to the foregoing for approval by the
City Council;
F. Perform such other tasks as may be expressly requested of it by the City Council.
(Ord. 1697, (part), 1995; Ord. 679, (part), 1975)
Gilroy
2.5 Same—Powers and duties of members.
In addition to the powers and duties of the individual commissions as outlined in the Charter, the commissions shall
have the following general powers, duties and responsibilities:
(1) To utilize all appropriate techniques in crystallizing and testing public sentiment on major public issues in their
respective fields.
(2) To hold official hearings as requested by the city council.
(3) To advise and recommend on city policies and procedures pertinent to their respective activities and functions.
(4) To support and adhere to all city policies promulgated by the council, and to establish interim policies in the absence
of such city policies.
(5) To provide information and promote good public relations between the city and the general public.
(6) To perform such other related functions as may be assigned by the city council. (Ord. No. 2005-24, § 1, 11-21-05)
Los Altos
2.08.070 - Powers and duties of the library commission.
The library commission shall act in an advisory capacity to the council in all matters pertaining to the city library,
shall cooperate with other governmental agencies and civic groups in the promotion of adequate and efficient library
service to the citizens of the community, shall make budget recommendations to the council with regard to the library,
and shall submit an annual report to the council.
Milpitas
Duties and Powers
It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be
construed as a limitation on the power of the City Council or the administrative staff of the City in their supervision or
authority over property or personnel under their jurisdiction.
Saratoga
2-12.080 - Rules of procedure.
The following Sections of this Chapter pertaining to meetings conducted by the City Council shall be applicable to
all meetings conducted by Commissions:
2-10.020(b)
2-10.030 through 2-10.080
2-10.110(c), (d), (f) and (g)
2-10.120 through 2-10.170
As so applied to a Commission, all references therein to City Council or Council member shall be deemed to
mean the Commission or Commissioner to which the Section is applied. All references therein to the Mayor shall
be deemed to mean the Chair of the Commission; and all references therein to the City Clerk shall be deemed to
mean the secretary of the Commission.
(b)
The failure of passage of any motion before a Commission shall be deemed a denial of the motion; provided,
however, a motion failing by reason of an evenly split vote by the Commission at a meeting where not all
Commissioners are present shall be agendized and voted upon at the next regular meeting of the Commission at
which a quorum is present.
(c)
Each Commission shall elect a Chair to serve a twelve month term. No person shall serve as Chair of the same
Commission more than one full term in any four year period.
(d)
In addition to the rules made applicable to Commissions as specified in paragraph (a) of this Section, each
Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly
and efficient conduct of its business which are not inconsistent with the provisions of this Code.
(e)
The City Manager or his or her designee shall be the secretary of each Commission unless otherwise specified by
the ordinance or resolution establishing the Commission.
Morgan Hill
2.68.030 - Powers and duties.
The powers and functions of the commission shall be as follows:
A.
To act in an advisory capacity to the city council in all matters pertaining to library, culture and arts in the
community;
B.
To serve as a liaison between the city and the Santa Clara County library;
C.
To consult with private community groups supportive of library, culture and art programs and serve as a liaison
between such groups and the city;
D.
To provide advice and recommendations regarding the adequacy of existing library facilities and operations;
E.
To look for opportunities for participation of artists and performers in city-sponsored activities, and ways to
encourage community involvement in the arts;
F.
To work cooperatively with city boards and commissions and other public and private organizations in creating
and promoting art and cultural programs and activities within the city;
G.
To coordinate and strengthen existing organizations in the arts and develop cooperation with regional
organizations;
H.
To make recommendations to the city council regarding the funding of community art projects, including the
search for private and public grants, and regarding the disbursement of revenues consistent with the needs of
the community;
I.
To review and make recommendations to the city council upon all works of art to be acquired by the city, either
by purchase, gift or otherwise, and exterior works of art installed in the city on public property;
J.
To recommend to the city council the adoption of such ordinances or policies as it may deem necessary for the
administration and preservation of the arts and cultural development of the city;
K.
To perform such other tasks as may be expressly requested of it by the city council;
L.
To conduct such other hearings as are necessary and in accordance with its own rules and regulations for the
transaction of its business, or rules for conduct; and
M.
To report its decisions and recommendations relating to the above matters, in writing to the city council.
CITY OF SARATOGA
Memorandum
To: Saratoga City Council
From: Crystal Bothelio, City Clerk/Assistant to the City Manager
Date: December 16, 2015
Subject: Council Norms Study Session Supplemental Materials
Attached to this memorandum is material provided at the request of Mayor Manny Cappello for the
City Council Norms Study Session. Attachments include examples of Code of Ethics from other
California cities.
City of Sunnyvale
2012 Code of Ethics and Conduct for
Elected and Appointed Officials
"Conduct is three-fourths of our life and its largest concern."
-- Matthew Arnold
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 2 of 16
Table of Contents
Title Page No.
A. Ethics 3
B. Conduct 5
1. Elected and Appointed Officials’ Conduct with One Another 5
2. Elected and Appointed Officials’ Conduct with City Staff 7
3. Elected and Appointed Officials’ Conduct with the Public 9
4. Council Conduct with Other Public Agencies 11
5. Council Conduct with Boards and Commissions 11
6. Conduct with the Media 12
C. Sanctions 12
D. Principles of Proper Conduct 14
E. Checklist for Monitoring Conduct 15
F. Glossary of Terms 15
G. Implementation 15
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 3 of 16
Policy Purpose
The Sunnyvale City Council has adopted a Code of Ethics and Conduct for members of the City Council and
the City’s boards and commissions to assure public confidence in the integrity of local government and its
effective and fair operation.
A. ETHICS
The citizens and businesses of Sunnyvale are entitled to have fair, ethical and accountable local government
which has earned the public’s full confidence for integrity. In keeping with the City of Sunnyvale
Commitment to Excellence, the effective functioning of democratic government therefore requires that:
public officials, both elected and appointed, comply with both the letter and spirit of the laws and
policies affecting the operations of government;
public officials be independent, impartial and fair in their judgment and actions;
public office be used for the public good, not for personal gain; and
public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of
respect and civility.
To this end, the Sunnyvale City Council has adopted a Code of Ethics and Conduct for members of the City
Council and of the City’s boards and commissions to assure public confidence in the integrity of local
government and its effective and fair operation. The Ethics section of the City’s Code of Ethics and Conduct
provides guidance on ethical issues and questions of right and wrong.
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary
concern, members will work for the common good of the people of Sunnyvale and not for any private
or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions
coming before the Sunnyvale City Council, boards and commissions.
2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the
laws of the nation, the State of California and the City of Sunnyvale in the performance of their public
duties. These laws include, but are not limited to: the United States and California constitutions; the
Sunnyvale City Charter; laws pertaining to conflicts of interest, election campaigns, financial
disclosures, employer responsibilities, and open processes of government; and City ordinances and
policies.
3. Conduct of Members. The professional and personal conduct of members must be above reproach and
avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal
charges or verbal attacks upon the character or motives of other members of Council, boards and
commissions, the staff or public.
4. Respect for Process. Members shall perform their duties in accordance with the processes and rules of
order established by the City Council and board and commissions governing the deliberation of public
policy issues, meaningful involvement of the public, and implementation of policy decisions of the City
Council by City staff.
5. Conduct of Public Meetings. Members shall prepare themselves for public issues; listen courteously
and attentively to all public discussions before the body; and focus on the business at hand. They shall
refrain from interrupting other speakers; making personal comments not germane to the business of the
body; or otherwise interfering with the orderly conduct of meetings.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 4 of 16
6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter
at hand, rather than on unrelated considerations.
7. Communication. Members shall publicly disclose substantive information that is relevant to a matter
under consideration by the Council or boards and commissions, which they may have received from
sources outside of the public decision-making process.
8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common
good, members shall not use their official positions to influence government decisions in which they
have a material financial interest, or where they have an organizational responsibility or personal
relationship which may give the appearance of a conflict of interest. In accordance with the law,
members shall disclose investments, interests in real property, sources of income, and gifts; and they
shall abstain from participating in deliberations and decision-making where conflicts may exist.
9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for
personal gain, by virtue of their public office, that are not available to the public in general. They shall
refrain from accepting any gifts, favors or promises of future benefits which might compromise their
independence of judgment or action or give the appearance of being compromised.
10. Confidential Information. Members shall respect the confidentiality of information concerning the
property, personnel or affairs of the City. They shall neither disclose confidential information without
proper legal authorization, nor use such information to advance their personal, financial or other private
interests.
11. Use of Public Resources. Members shall not use public resources not available to the public in general,
such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
12. Representation of Private Interests. In keeping with their role as stewards of the public interest,
members of Council shall not appear on behalf of the private interests of third parties before the
Council or any board, commission or proceeding of the City, nor shall members of boards and
commissions appear before their own bodies or before the Council on behalf of the private interests of
third parties on matters related to the areas of service of their bodies.
13. Advocacy. Members shall represent the official policies or positions of the City Council, board or
commission to the best of their ability when designated as delegates for this purpose. When presenting
their individual opinions and positions, members shall explicitly state they do not represent their body
or the City of Sunnyvale, nor will they allow the inference that they do. Councilmembers and board and
commission members have the right to endorse candidates for all Council seats or other elected offices.
It is inappropriate to mention or display endorsements during Council meetings, board/commission
meetings, or other official City meetings.
14. Policy Role of Members. Members shall respect and adhere to the council-manager structure of
Sunnyvale City government as outlined by the Sunnyvale City Charter. In this structure, the City
Council determines the policies of the City with the advice, information and analysis provided by the
public, boards and commissions, and City staff. Except as provided by the City Charter, members
therefore shall not interfere with the administrative functions of the City or the professional duties of
City staff; nor shall they impair the ability of staff to implement Council policy decisions.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 5 of 16
15. Independence of boards and commissions. Because of the value of the independent advice of boards
and commissions to the public decision-making process, members of Council shall refrain from using
their position to unduly influence the deliberations or outcomes of board and commission proceedings.
16. Positive Work Place Environment. Members shall support the maintenance of a positive and
constructive work place environment for City employees and for citizens and businesses dealing with
the City. Members shall recognize their special role in dealings with City employees to in no way create
the perception of inappropriate direction to staff.
B. CONDUCT
The Conduct section of the City’s Code of Ethics and Conduct is designed to describe the manner in which
Councilmembers and board and commission members should treat one another, City staff, constituents, and
others they come into contact with in representing the City of Sunnyvale. It reflects the work of a Council
Policy and Protocol Subcommittee that was charged with defining more clearly the behavior, manners, and
courtesies that are suitable for various occasions. The Subcommittee also considered a wide variety of policy
changes and clarifications designed to make public meetings and the process of governance run more
smoothly.
The constant and consistent theme through all of the conduct guidelines is "respect." Councilmembers
experience huge workloads and tremendous stress in making decisions that could impact thousands of lives.
Despite these pressures, elected and appointed officials are called upon to exhibit appropriate behavior at all
times. Demonstrating respect for each individual through words and actions is the touchstone that can help
guide Councilmembers and board and commission members to do the right thing in even the most difficult
situations.
1. Elected and Appointed Officials’ Conduct with One Another
"In life, courtesy and self-possession, and in the arts, style, are the sensible impressions of the free mind, for
both arise out of a deliberate shaping of all things and from never being swept away, whatever the emotion,
into confusion or dullness."
-- William Butler Yeats
Elected and appointed officials are composed of individuals with a wide variety of backgrounds,
personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in
order to preserve and protect the present and the future of the community. In all cases, this common goal
should be acknowledged even though individuals may "agree to disagree" on contentious issues.
1(a). In Public Meetings
Use formal titles
Elected and appointed officials should refer to one another formally during public meetings, such as Mayor,
Vice Mayor, Chair, Commissioner or Councilmember followed by the individual’s last name.
Practice civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are
legitimate elements of a free democracy in action. This does not allow, however, public officials to make
belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or
physical actions that could be construed as threatening will be tolerated.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 6 of 16
Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public meetings.
Members should honor efforts by the chair to focus discussion on current agenda items. If there is
disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with
reason, following procedures outlined in parliamentary procedure.
Avoid personal comments that could offend other members
If a member is personally offended by the remarks of another member, the offended member should make
notes of the actual words used and call for a "point of personal privilege" that challenges the other member to
justify or apologize for the language used. The chair will maintain control of this discussion.
Demonstrate effective problem-solving approaches
Members have a public stage to show how individuals with disparate points of view can find common
ground and seek a compromise that benefits the community as a whole.
Outside of official board or commission meetings, individual board and commission members are not
authorized to represent the City or their board or commission unless specifically designated by the Council or
the board or commission to do so for a particular purpose. In private settings, board and commission
members may communicate at any time and on any subject with individual members of the City Council, and
may express to them individual viewpoints and opinions. In public, however, all members shall represent the
official policies or positions of their board or commission, with the following exception. During a Council
public hearing on any item addressed by the board or commission, any member may speak under standard
time limits, but shall indicate whether their testimony represents an official position (majority opinion) or a
minority opinion of the board/commission to which they belong. The chair shall represent the majority view
of the board or commission, but may report on any minority views as well, including his or her own. When
an official board or commission position differs from staff’s recommendation on a particular policy issue,
then at the Mayor’s discretion additional time may be provided to the chair of the board or commission (or
his/her designee) to explain the position of the board/commission or to rebut statements made by staff or the
public. If new information is brought to light during a public hearing which was not shared previously with
the board or commission, the Mayor may allow the board or commission chair to respond. If the Council
deems the new information sufficient to warrant additional study, then by majority vote Council may remand
the issue back to the board or commission for further study prior to taking other action itself.
Individual opinions and positions may be expressed by board and commission members regarding items that
have not come before the particular board/commission to which they belong. When presenting their
individual opinions and positions, members shall explicitly state they do not represent their body or the City
of Sunnyvale, nor will they allow the inference that they do.
Although a board or commission may disagree with the final decision the Council makes, the board or
commission shall not act in any manner contrary to the established policy adopted by the Council.
1(b). In Private Encounters
Continue respectful behavior in private
The same level of respect and consideration of differing points of view that is deemed appropriate for public
discussions should be maintained in private conversations.
Be aware of the insecurity of written notes, voicemail messages, and E-mail
Technology allows words written or said without much forethought to be distributed wide and far. Would
you feel comfortable to have this note faxed to others? How would you feel if this voicemail message were
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 7 of 16
played on a speaker phone in a full office? What would happen if this E-mail message were forwarded to
others? Written notes, voicemail messages and e-mail should be treated as potentially "public"
communication.
Even private conversations can have a public presence
Elected and appointed officials are always on display – their actions, mannerisms, and language are
monitored by people around them that they may not know. Lunch table conversations will be eavesdropped
upon, parking lot debates will be watched, and casual comments between individuals before and after public
meetings noted.
In private, board and commission members may communicate at any time and on any subject with the City
Council, and may express to Council individual viewpoints and opinions.
2. Elected and Appointed Officials’ Conduct with City Staff
"Never let a problem become an excuse."
-- Robert Schuller
Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials
who advise the elected, and City staff who implements and administers the Council’s policies. Therefore,
every effort should be made to be cooperative and show mutual respect for the contributions made by each
individual for the good of the community.
Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is
expected. Poor behavior towards staff is not acceptable.
Member questions/inquiries to City staff
1. General. Council and board/commission communications with City staff should be limited to normal
City business hours unless the circumstances warrant otherwise. Responses to Council questions posed
outside of normal business hours should be expected no earlier than the next business day.
2. Routine Requests for Information and Inquiries. Members may contact staff directly for information
made readily available to the general public on a regular basis (e.g., “What are the library’s hours of
operation?” or “How does one reserve a tee time at the golf course?”). Under these circumstances staff
shall treat the member no differently than they would the general public, and the member shall not use
their elected status to secure preferential treatment. The city manager does not need to be advised of such
contacts.
3. Non-Routine Requests for Readily Available Information. Members may also contact staff directly for
easily retrievable information not routinely requested by the general public so long as it does not require
staff to discuss the issue or express an opinion (e.g., “How many traffic lights are there in the City?” or
“Under what circumstances does the City lower its flags to half mast?”)
4. Non-Routine Requests Requiring Special Effort. Any member request or inquiry that requires staff to
compile information that is not readily available or easily retrievable and/or that requests staff to express
an opinion (legal or otherwise) must be directed to the city manager, or to the city attorney, as
appropriate (e.g., “How many Study Issues completed over the past five years have required 500 or more
hours of staff time?”, or “What is the logic behind the City’s sign ordinances affecting businesses along
El Camino Real?”). The city manager (or city attorney as appropriate) shall be responsible for
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 8 of 16
distributing such requests to his/her staff for follow-up. Responses to such requests shall be copied to all
Councilmembers (if originating from a Councilmember), relevant board or commission members (if
originating from a board or commission member), the city manager, the city attorney as appropriate and
affected department directors.
5. Meeting Requests. Any member request for a meeting with staff must be directed to the city manager or
city attorney, as appropriate.
6. Public Safety Restrictions. Under certain circumstances, requests for information regarding operations or
personnel of the Department of Public Safety may be legally restricted. Applicable statutes include: The
Peace Officers’ Procedural Bill of Rights (California Government Code Section 3300, et seq.),
Confidentiality of Peace Officer Records (California Penal Code Section 832.5-7), and a number of
exceptions to the California Public Records Act, defined in Government Code Section 6254. Providing
information in response to such requests could violate the law, and might also violate due process rights
that have been defined for peace officers in the State of California. Accordingly, it shall be the policy of
the City of Sunnyvale to strictly comply with all applicable legal authorities governing the release of
Department of Public Safety information and records.
Do not disrupt City staff from their jobs
Elected and appointed officials should not disrupt City staff while they are in meetings, on the phone, or
engrossed in performing their job functions in order to have their individual needs met. Do not attend City
staff meetings unless requested by staff – even if the elected or appointed official does not say anything, his
or her presence implies support, shows partiality, intimidates staff, and hampers staff’s ability to do their job
objectively.
Never publicly criticize an individual employee
Elected and appointed officials should never express concerns about the performance of a City employee in
public, to the employee directly, or to the employee’s manager. Comments about staff performance should
only be made to the city manager through private correspondence or conversation. Comments about staff in
the office of the city attorney should be made directly to the city attorney. Appointed officials should make
their comments regarding staff to the city manager or the Mayor.
Do not get involved in administrative functions
Elected and appointed officials must not attempt to influence City staff on the making of appointments,
awarding of contracts, selecting of consultants, processing of development applications, or granting of City
licenses and permits. [See Code of Ethics] The Sunnyvale City Charter, Section 807, also contains
information about the prohibition of Council interference in administrative functions.
Check with City staff on correspondence before taking action
Before sending correspondence, Councilmembers should check with City staff to see if an official City
response has already been sent or is in progress. Board and commission members shall not send
correspondence except as authorized under the City’s policies governing volunteers. (Council Policy 7.2.19,
Boards and Commissions.)
Limit requests for staff support
Routine secretarial support will be provided to all Councilmembers. The Council Executive Assistant opens
all mail for Councilmembers, unless a Councilmember requests other arrangements. Mail addressed to the
Mayor is reviewed first by the city manager who notes suggested action and/or follow-up items.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
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Requests for additional staff support – even in high priority or emergency situations – should be made to the
city manager who is responsible for allocating City resources in order to maintain a professional, well-run
City government.
Do not solicit political support from staff
Elected and appointed officials should not solicit any type of political support (financial contributions,
display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens
with constitutional rights, support political candidates but all such activities must be done away from the
workplace.
3. Elected and Appointed Officials’ Conduct with the Public
"If a man be gracious and courteous to strangers, it shows he is a citizen of the world, and that his heart is
no island cut off from other lands, but a continent that joins to them."
-- Francis Bacon
3(a). In Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality,
prejudice or disrespect should be evident on the part of individual members toward an individual
participating in a public forum. Every effort should be made to be fair and impartial in listening to public
testimony.
Be welcoming to speakers and treat them with care and gentleness. While questions of clarification may be
asked, the official’s primary role during public testimony is to listen.
"I give many public presentations so standing up in front of a group and using a microphone is not new to
me. But I found that speaking in front of Council was an entirely different experience. I was incredibly
nervous and my voice was shaking. I think the reason was because the issue was so personal to me. The
Council was going to take a vote that would affect my family’s daily life and my home. I was feeling a lot of
emotion. The way that Council treats people during public hearings can do a lot to make them relax or to
push their emotions to a higher level of intensity."
Be fair and equitable in allocating public hearing time to individual speakers.
"The first thing the Mayor said to me was to be brief because the meeting was running late and the Council
was eager to go home. That shouldn’t be my problem. I’m sorry my item was at the end of the agenda and
that there were a lot of speakers, but it is critically important to me and I should be allowed to say what I
have to say and believe that the Council is listening to me."
The chair will determine and announce limits on speakers at the start of the public hearing process. Questions
should not be asked for the express purpose of allowing one speaker to evade the time limit imposed on all
others (e.g., “Was there something else you wanted to say?”). Generally, each speaker will be allocated three
minutes with applicants and appellants or their designated representatives allowed ten. If many speakers are
anticipated, the chair may shorten the time limit and/or ask speakers to limit themselves to new information
and points of view not already covered by previous speakers.
No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only
speak once during the public hearing unless the chair requests additional clarification later in the process.
After the close of the public hearing, no more public testimony will be accepted unless the chair reopens the
public hearing for a limited and specific purpose.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
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Give the appearance of active listening
It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look
down at documents or to make notes, but reading for a long period of time or gazing around the room gives
the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as
"smirking," disbelief, anger or boredom.
Maintain an open mind
Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. To
express an opinion or pass judgment prior to the close of a public hearing casts doubt on a member’s ability
to conduct a fair review of the issue. This is particularly important when officials are serving in a quasi-
judicial capacity.
Ask for clarification, but avoid debate and argument with the public
Only the chair – not individual members – can interrupt a speaker during a presentation. However, a member
can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the
member finds disturbing.
If speakers become flustered or defensive by questions, it is the responsibility of the chair to calm and focus
the speaker and to maintain the order and decorum of the meeting. Questions by members to the public
testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or
belittle the speaker. Members’ personal opinions or inclinations about upcoming votes should not be revealed
until after the public hearing is closed.
No personal attacks of any kind, under any circumstance
Members should be aware that their body language and tone of voice, as well as the words they use, can
appear to be intimidating or aggressive.
Follow parliamentary procedure in conducting public meetings
The city attorney serves as advisory parliamentarian for the City and is available to answer questions or
interpret situations according to parliamentary procedures. The chair, subject to the appeal of the full Council
or board/commission makes final rulings on parliamentary procedure.
3(b). In Unofficial Settings
Make no promises on behalf of the Council, board/commission or City
Members will frequently be asked to explain a Council or board/commission action or to give their opinion
about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief
overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or
implicitly promise Council or board/commission action, or to promise City staff will do something specific
(fix a pothole, remove a library book, plant new flowers in the median, etc.).
Make no personal comments about other members
It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments
about other members, their opinions and actions.
Remember that despite its impressive population figures, Sunnyvale is a small town at heart
Members are constantly being observed by the community every day that they serve in office. Their
behaviors and comments serve as models for proper deportment in the City of Sunnyvale. Honesty and
respect for the dignity of each individual should be reflected in every word and action taken by members, 24
hours a day, seven days a week. It is a serious and continuous responsibility.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
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4. Council Conduct with Other Public Agencies
"Always do right. This will gratify some people and astonish the rest."
-- Mark Twain
Be clear about representing the City or personal interests
When representing the City, the Councilmember must support and advocate the official City position on an
issue, not a personal viewpoint. Outside of official board or commission meetings, board and commission
members are not authorized to represent the City or their board or commission unless specifically designated
by the Council or the board or commission to do so for a particular purpose.
When representing another organization whose position is different from the City, the Councilmember
should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest.
Councilmembers should be clear about which organizations they represent and inform the Mayor and
Council of their involvement.
Correspondence also should be equally clear about representation
City letterhead may be used when the Councilmember is representing the City and the City’s official
position. A copy of official correspondence should be given to the Council Executive Assistant to be filed in
the Council Office as part of the permanent public record.
City letterhead should not be used for non-City business nor for correspondence representing a dissenting
point of view from an official Council position.
5. Council Conduct with Boards and Commissions
"We rarely find that people have good sense unless they agree with us."
--Francois, Duc de La Rochefoucauld
The City has established several boards and commissions as a means of gathering more community input.
Citizens who serve on boards and commissions become more involved in government and serve as advisors
to the City Council. They are a valuable resource to the City’s leadership and should be treated with
appreciation and respect.
If attending a board or commission meeting, be careful to only express personal opinions
Councilmembers may attend any board or commission meeting, which are always open to any member of the
public. However, they should be sensitive to the way their participation especially if it is on behalf of an
individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments
by a Councilmember at a board or commission meeting should be clearly made as individual opinion and not
a representation of the feelings of the entire City Council.
Limit contact with board and commission members to questions of clarification
It is inappropriate for a Councilmember to contact a board or commission member to lobby on behalf of an
individual, business, or developer, and vice versa. It is acceptable for Councilmembers to contact board or
commission members in order to clarify a position taken by the board or commission.
Remember that boards and commissions serve the community, not individual Councilmembers
The City Council appoints individuals to serve on boards and commissions, and it is the responsibility of
boards and commissions to follow policy established by the Council. But board and commission members do
not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 12 of 16
threaten board and commission members with removal if they disagree about an issue. Appointment and re-
appointment to a board or commission should be based on such criteria as expertise, ability to work with staff
and the public, and commitment to fulfilling official duties. A board or commission appointment should not
be used as a political "reward."
Be respectful of diverse opinions
A primary role of boards and commissions is to represent many points of view in the community and to
provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers
may have a closer working relationship with some individuals serving on boards and commissions, but must
be fair and respectful of all citizens serving on boards and commissions.
Keep political support away from public forums
Board and commission members may offer political support to a Councilmember, but not in a public forum
while conducting official duties. Conversely, Councilmembers may support board and commission members
who are running for office, but not in an official forum in their capacity as a Councilmember.
6. Conduct with the Media
"Keep them well fed and never let them know that all you’ve got is a chair and a whip."
-- Lion Tamer School
Board and commission members are not authorized to represent the City outside of official
board/commission meetings unless specifically authorized to do so.
Councilmembers are frequently contacted by the media for background and quotes.
The best advice for dealing with the media is to never go "off the record"
Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted
to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted.
The Mayor is the official spokesperson for the City on City positions.
The Mayor is the designated representative of the Council to present and speak on the official City position.
If an individual Councilmember is contacted by the media, the Councilmember should be clear about
whether their comments represent the official City position or a personal viewpoint.
Choose words carefully and cautiously
Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides,
sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the
media.
C. SANCTIONS
"You cannot have a proud and chivalrous spirit if your conduct is mean and paltry;
for whatever a man’s actions are, such must be his spirit."
-- Demosthenes
Public Disruption
Members of the public who do not follow proper conduct after a warning in a public hearing may
be barred from further testimony at that meeting or removed from the Council Chambers.
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
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Inappropriate Staff Behavior
Councilmembers should refer to the city manager any City staff or to the city attorney any City
Attorney’s staff who do not follow proper conduct in their dealings with Councilmembers, other
City staff, or the public. These employees may be disciplined in accordance with standard City
procedures for such actions. (Please refer to the section on Council Conduct with City Staff for more details
on interaction with Staff.)
Councilmembers Behavior and Conduct
Compliance and Enforcement. The Sunnyvale Code of Ethics and Conduct expresses standards of ethical
conduct expected for members of the Sunnyvale City Council, boards and commissions. Members
themselves have the primary responsibility to assure that ethical standards are understood and met, and that
the public can continue to have full confidence in the integrity of government. The chairs of boards and
commissions and the Mayor and Council have the additional responsibility to intervene when actions of
members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention.
City Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or
formally censured by the Council, lose seniority or committee assignments (both within the City of
Sunnyvale or with inter-government agencies) or have official travel restricted. Serious infractions of the
Code of Ethics or Code of Conduct could lead to other sanctions as deemed appropriate by Council.
Councilmembers should point out to the offending Councilmember infractions of the Code of Ethics and
Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is
the individual whose actions are being challenged, then the matter should be referred to the Vice Mayor.
It is the responsibility of the Mayor to initiate action if a Councilmember’s behavior may warrant sanction. If
no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public
meeting.
Board and Commission Members Behavior and Conduct
Counseling, verbal reprimands and written warnings may be administered by the Mayor to board and
commission members failing to comply with City policy. These lower levels of sanctions shall be kept
private to the degree allowed by law. Copies of all written reprimands administered by the Mayor shall be
distributed in memo format to the chair of the respective board or commission, the city clerk, the city
attorney, the city manager, and the City Council. Written reprimands administered by the Mayor shall not be
included in packets for public meetings and shall not be publicized except as required under the Public
Records Act.
The City Council may impose sanctions on board and commission members whose conduct does not comply
with the City’s policies, up to and including removal from office. Any form of discipline imposed by Council
shall be determined by a majority vote of at least a quorum of the Council at a noticed public meeting and
such action shall be preceded by a Report to Council with supporting documentation. The Report to Council
shall be distributed in accordance with normal procedures, including hard copies to numerous public
facilities and posting online. Any Report to Council addressing alleged misconduct by a board or
commission member shall be routed through the Office of the city attorney for review of whether any
information is exempt from disclosure (subject to redaction) based on privacy interests authorized under the
Public Records Act.
When deemed warranted, the Mayor or majority of Council may call for an investigation of board or
commission member conduct. Should the city manager or city attorney believe an investigation is warranted,
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 14 of 16
they shall confer with the Mayor or Council. The Mayor or Council shall ask the city manager and/or the city
attorney to investigate the allegation and report the findings.
The results of any such investigation shall be provided to the full Council in the form of a Report to Council,
and shall be placed on the agenda of a noticed public meeting as “Information Only”. Any such report shall
be made public and distributed in accordance with normal procedures (i.e., hard copies to numerous public
locations and posted online). Any report to Council addressing the investigation of board and commission
members shall be routed through the Office of the City Attorney for review of whether any information is
exempt from disclosure (subject to redaction) based on privacy interests authorized under the Public Records
Act.
It shall be the Mayor and/or the Council’s responsibility to determine the next appropriate action. Any such
action taken by Council (with the exception of “take no further action”) shall be conducted at a noticed
public hearing. These actions include, but are not limited to: discussing and counseling the individual on the
violations; placing the matter on a future public hearing agenda to consider sanctions; forming a Council ad
hoc subcommittee to review the allegation, the investigation and its findings, as well as to recommend
sanction options for Council consideration.
Under the City Charter, the City Council also may remove members of boards and commissions from office.
A violation of this Code of Ethics and Conduct shall not be considered a basis for challenging the validity of
a Council, board or commission decision.
D. PRINCIPLES OF PROPER CONDUCT
Proper conduct IS …
Keeping promises
Being dependable
Building a solid reputation
Participating and being available
Demonstrating patience
Showing empathy
Holding onto ethical principles under stress
Listening attentively
Studying thoroughly
Keeping integrity intact
Overcoming discouragement
Going above and beyond, time and time again
Modeling a professional manner
Proper conduct IS NOT …
Showing antagonism or hostility
Deliberately lying or misleading
Speaking recklessly
Spreading rumors
Stirring up bad feelings, divisiveness
Acting in a self-righteous manner
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
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It all comes down to respect
Respect for one another as individuals … respect for the validity of different opinions … respect for the
democratic process … respect for the community that we serve.
E. CHECKLIST FOR MONITORING CONDUCT
o Will my decision/statement/action violate the trust, rights or good will of others?
o What are my interior motives and the spirit behind my actions?
o If I have to justify my conduct in public tomorrow, will I do so with pride or shame?
o How would my conduct be evaluated by people whose integrity and character I respect?
o Even if my conduct is not illegal or unethical, is it done at someone else’s painful expense? Will it
destroy their trust in me? Will it harm their reputation?
o Is my conduct fair? Just? Morally right?
o If I were on the receiving end of my conduct, would I approve and agree, or would I take offense?
o Does my conduct give others reason to trust or distrust me?
o Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public
in a way that makes it clear what I stand for?
o Do I exhibit the same conduct in my private life as I do in my public life?
o Can I take legitimate pride in the way I conduct myself and the example I set?
o Do I listen and understand the views of others?
o Do I question and confront different points of view in a constructive manner?
o Do I work to resolve differences and come to mutual agreement?
o Do I support others and show respect for their ideas?
o Will my conduct cause public embarrassment to someone else?
F. GLOSSARY OF TERMS
attitude The manner in which one shows one’s dispositions, opinions, and feelings
behavior External appearance or action; manner of behaving; carriage of oneself
civility Politeness, consideration, courtesy
conduct The way one acts; personal behavior
courtesy Politeness connected with kindness
decorum Suitable; proper; good taste in behavior
manners A way of acting; a style, method, or form; the way in which thing are done
point of order An interruption of a meeting to question whether rules or bylaws are being
broken, such as the speaker has strayed from the motion currently under
consideration
point of personal
privilege
A challenge to a speaker to defend or apologize for comments that a fellow
member considers offensive
propriety Conforming to acceptable standards of behavior
protocol The courtesies that are established as proper and correct
respect The act of noticing with attention; holding in esteem; courteous regard
G. IMPLEMENTATION
As an expression of the standards of conduct for members expected by the City, the Sunnyvale Code of
Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective when members are
thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the
regular orientations for candidates for City Council, applicants to board and commissions, and newly elected
For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale
City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.
Page 16 of 16
and appointed officials. Members entering office shall sign a statement affirming they read and understood
the City of Sunnyvale Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be
annually reviewed by the City Council, boards and commissions, and the City Council shall consider
recommendations from boards and commissions and update it as necessary.
(Adopted: RTC 08-113 (4/8/08), Update: RTC 09-036 (2/3/09); Updated: RTC 09-047 (2/24/09); Approved
with no changes: RTC 10-078 (3/23/10); Approved with no changes: RTC 11-058 (3/29/11); Approved with
no changes: RTC 12-067 (3/20/2012))
Lead Department: Office of the City Manager
City of Belmont
Code of Ethics and Conduct
For
Elected and Appointed Officials
"Always do right. This will gratify some people and
astonish the rest."
-- Mark Twain
Adopted June 10, 2014 by Resolution 2014-095
2
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
Policy Purpose
The Belmont City Council adopts this Code of Ethics and Conduct to assure that all elected and
appointed public officials conduct themselves in a manner that will instill public confidence and trust
in the fair operation and integrity of Belmont’s City government.
A. ETHICS
The citizens and businesses of Belmont are entitled to have fair, ethical and accountable local
government. To this end, the public should have full confidence that their elected and appointed
public officials:
Comply with both the letter and spirit of the laws and policies affecting the operations of
government;
Are independent, impartial and fair in their judgment and actions;
Use their public office for the public good, not for personal gain; and
Conduct public deliberations and processes openly, unless required by law to be confidential,
in an atmosphere of respect and civility.
Therefore, members of the City Council, City Treasurer, and City Clerk and of all Boards and
Commissions shall conduct themselves in accordance with the following ethical standards:
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be
their primary concern, members will work for the common good of the people of Belmont and
not for any private or personal interest, and they will assure fair and equal treatment of all
persons, claims and transactions coming before the Belmont City Council, Boards and
Commissions.
2. Comply with both the spirit and the letter of the Law and City Policy. Members shall
comply with the laws of the nation, the State of California and the City of Belmont in the
performance of their public duties. These laws include, but are not limited to: the United States
and California constitutions; laws pertaining to conflicts of interest, election campaigns,
financial disclosures, employer responsibilities, and open processes of government; and City
ordinances and policies.
3. Conduct of Members. The professional and personal conduct of members must be
above reproach and avoid even the appearance of impropriety. Members shall refrain from
abusive conduct, personal charges or verbal attacks upon the character or motives of other
members of Council, Boards and Commissions, the staff or public.
4. Respect for Process. Members shall perform their duties in accordance with the processes and
rules of order established by the City Council.
5. Conduct at Public Meetings. Members shall prepare themselves for public issues; listen
courteously and attentively to all public discussions before the body; and focus on the business
at hand. They shall refrain from interrupting other speakers; making personal comments not
germane to the business of the body; or otherwise interfering with the orderly conduct of
meetings.
3
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of
the matter at hand, rather than on unrelated considerations. When making adjudicative
decisions (those decisions where the member is called upon to determine and apply facts
peculiar to an individual case), members shall maintain an open mind until the conclusion of the
hearing on the matter and shall base their decisions on the facts presented at the hearing and the
law.
7. Communication. For adjudicative matters pending before the body, members shall refrain from
receiving information outside of an open public meeting or the agenda materials, except on
advice of the City Attorney. Members shall publicly disclose substantive information that is
relevant to a matter under consideration by the body which they may have received from
sources outside of the public decision-making process.
8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the
common good and compliance with conflict of interest laws, members shall use their best
efforts to refrain from creating an appearance of impropriety in their actions and decisions.
Members shall not use their official positions to influence government decisions in which they
have (a) a material financial interest, (b) an organizational responsibility or personal relationship
which may give the appearance of a conflict of interest, or (c) a strong personal bias.
A member who has a potential conflict of interest regarding a particular decision shall disclose
the matter to the city attorney and reasonably cooperate with the city attorney to analyze the
potential conflict. If advised by the city attorney to seek advice from the Fair Political Practices
Commission (FPPC) or other appropriate state agency, a member shall not participate in a
decision unless and until he or she has requested and received advice allowing the member to
participate. A member shall diligently pursue obtaining such advice. The member shall provide
the Mayor and the city attorney a copy of any written request or advice, and conform his or her
participation to the advice given. In providing assistance to members, the city attorney
represents the City and not individual members.
In accordance with the law, members shall disclose investments, interests in real property,
sources of income, and gifts; and if they have a conflict of interest regarding a particular
decision, shall not, once the conflict is ascertained, participate in the decision and shall not
discuss or comment on the matter in any way to any person including other members unless
otherwise permitted by law.
9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for
personal gain, by virtue of their public office that is not available to the public in general. They
shall refrain from accepting any gifts, favors or promises of future benefits which might
compromise their independence of judgment or action or give the appearance of being
compromised.
10. Confidential Information. Members must maintain the confidentiality of all written materials
and verbal information provided to members which is confidential or privileged. Members shall
neither disclose confidential information without proper legal authorization, nor use such
information to advance their personal, financial or other private interests.
4
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
11. Use of Public Resources. Members shall not use public resources which are not available to
the public in general (e.g., City staff time, equipment, supplies or facilities) for private gain or
for personal purposes not otherwise authorized by law.
12. Representation of Private Interests. In keeping with their role as stewards of the public
interest, members of Council shall not appear on behalf of the private interests of third
parties before the Council or any Board, Commission or proceeding of the City, nor shall
members of Boards and Commissions appear before their own bodies or before the Council on
behalf of the private interests of third parties on matters related to the areas of service of their
bodies.
13. Advocacy. Members shall represent the official policies or positions of the City Council, Board
or Commission to the best of their ability when designated as delegates for this purpose. When
presenting their individual opinions and positions, members shall explicitly state they do not
represent their body or the City of Belmont, nor will they allow the inference that they do.
Councilmembers and Board and Commission members have the right to endorse candidates for
all Council seats or other elected offices. It is inappropriate to mention or display endorsements
during Council meetings, Board/Commission meetings, or other official City meetings.
14. Policy Role of Members. Members shall respect and adhere to the council-manager structure
of Belmont City government as outlined in the Belmont City Code. In this structure, the City
Council determines the policies of the City with the advice, information and analysis provided
by City staff, Boards and Commissions, and the public. Except as provided by the City Code,
members shall not interfere with the administrative functions of the City or the professional
duties of City staff; nor shall they impair the ability of staff to implement Council policy
decisions.
15. Independence of Boards and Commissions. Because of the value of the independent advice
of Boards and Commissions to the public decision-making process, members of Council shall
refrain from using their position to unduly influence the deliberations or outcomes of Board
and Commission proceedings.
16. Positive Work Place Environment. Members shall support the maintenance of a positive
and constructive work place environment for City employees and for citizens and businesses
dealing with the City. Members shall recognize their special role in dealings with City
employees to in no way create the perception of inappropriate direction to staff.
B. CONDUCT GUIDELINES
The Conduct Guidelines are designed to describe the manner in which Councilmembers and Board
and Commission members should treat one another, City staff, constituents, and others they come
into contact with while representing the City of Belmont.
1. Elected and Appointed Officials’ Conduct with Each Other in Public Meetings
Elected and appointed officials are individuals with a wide variety of backgrounds, personalities,
values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to
preserve and protect the present and the future of the community. In all cases, this common goal
5
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
should be acknowledged even though individuals may not agree on every issue.
(a) Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public
meetings. Members should honor efforts by the chair to focus discussion on current agenda
items. If there is disagreement about the agenda or the chair’s actions, those objections should
be voiced politely and with reason, following procedures outlined in parliamentary procedure.
(b) Practice civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and
information are legitimate elements of debate by a free democracy in action. Free debate does
not require nor justify, however, public officials to make belligerent, personal, impertinent,
slanderous, threatening, abusive, or disparaging comments.
(c) Avoid personal comments that could offend other members
If a member is personally offended by the remarks of another member, the offended member
should make notes of the actual words used and call for a "point of personal privilege" that
challenges the other member to justify or apologize for the language used. The chair will
maintain control of this discussion.
(d) Demonstrate effective problem-solving approaches
Members have a public stage and have the responsibility to show how individuals with disparate
points of view can find common ground and seek a compromise that benefits the community as
a whole.
2. Elected and Appointed Officials’ Conduct with the Public in Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality,
prejudice or disrespect should be evident on the part of individual members toward an individual
participating in a public forum. Every effort should be made to be fair and impartial in listening to
public testimony.
(a) Be welcoming to speakers and treat them with care and gentleness.
While questions of clarification may be asked, the official’s primary role during public
testimony is to listen.
(b) Be fair and equitable in allocating public hearing time to individual speakers.
The chair will determine and announce limits on speakers at the start of the public hearing
process. Generally, each speaker will be allocated three minutes with applicants and appellants
or their designated representatives allowed additional time. If many speakers are anticipated, the
chair may shorten the time limit and ask speakers to limit themselves to new information and
points of view not already covered by previous speakers.
(c) Practice active listening
It is disconcerting to speakers to have members not look at them when they are speaking. It is
fine to look down at documents or to make notes, but reading for a long period of time or gazing
around the room gives the appearance of disinterest. Be conscious of facial expressions, and
avoid those that could be interpreted as "smirking," disbelief, anger or boredom.
6
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
(d) Maintain an open mind
Members of the public deserve an opportunity to influence the thinking of elected and appointed
officials. To express an opinion or pass judgment before the close of a public hearing casts
doubt on a member’s ability to conduct a fair review of the issue. This is particularly important
when officials are making adjudicative decisions.
(e) Ask for clarification, but avoid debate and argument with the public
Only the chair – not individual members – can interrupt a speaker during a presentation.
However, a member can ask the chair for a point of order if the speaker is off the topic or
exhibiting behavior or language the member finds disturbing.
3. Elected and Appointed Officials’ Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed
officials who advise the elected, and City staff who implement and administer the Council’s policies.
Therefore, every effort should be made to be cooperative and show mutual respect for the
contributions made by each individual for the good of the community.
(a) Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each
individual is expected. Poor behavior towards staff is not acceptable.
(b) Do not disrupt City staff from their jobs
Elected and appointed officials should not disrupt City staff while they are in meetings, on
the phone, or engrossed in performing their job functions in order to have their individual
needs met. Do not attend City staff meetings unless requested by staff – even if the elected or
appointed official does not say anything, his or her presence implies support, shows partiality,
may intimidate staff, and hampers staff’s ability to do their job objectively.
(c) Never publicly criticize an individual employee
Elected and appointed officials should never express concerns about the performance of a City
employee in public, to the employee directly, or to the employee’s manager. Comments about
staff performance should only be made to the city manager through private correspondence or
conversation. Appointed officials should make their comments regarding staff to the city
manager or the Mayor.
(d) Do not get involved in administrative functions
Elected and appointed officials acting in their individual capacity must not attempt to influence
City staff on the making of appointments, awarding of contracts, selecting of consultants,
processing of development applications, or granting of City licenses and permits.
(e) Do not solicit political support from staff
Elected and appointed officials should not solicit any type of political support (financial
contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City
staff may, as private citizens with constitutional rights, support political candidates but all such
activities must be done away from the workplace.
7
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
(f) No Attorney-Client Relationship
Members shall not seek to establish an attorney-client relationship with the city attorney,
including his or her staff and attorneys contacted to work on behalf of the City. The city
attorney represents the City and not individual members. Members who consult with the city
attorney cannot enjoy or establish an attorney-client relationship with the attorney.
4. Council Conduct with Boards and Commissions
The City has established several Boards and Commissions as a means of gathering more community
input. Citizens who serve on Boards and Commissions become more involved in government and
serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should
be treated with appreciation and respect.
(a) If attending a Board or Commission meeting, be careful to only express personal opinions
Councilmembers may attend any Board or Commission meeting, which are always open
to any member of the public. However, they should be sensitive to the way their participation
– especially if it is on behalf of an individual, business or developer – could be viewed as
unfairly affecting the process. Any public comments by a Councilmember at a Board or
Commission meeting should be clearly made as individual opinion and not a
representation of the feelings of the entire City Council.
(b) Limit contact with Board and Commission members to questions of clarification
It is inappropriate for a Councilmember to contact a Board or Commission member to
lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for
Councilmembers to contact Board or Commission members in order to clarify a position taken
by the Board or Commission.
(c) Respect that Boards and Commissions serve the community, not individual
Councilmembers
The City Council appoints individuals to serve on Boards and Commissions, and it is the
responsibility of Boards and Commissions to follow policy established by the Council. But
Board and Commission members do not report to individual Councilmembers, nor should
Councilmembers feel they have the power or right to threaten Board and Commission members
with removal if they disagree about an issue. Appointment and re-appointment to a Board or
Commission should be based on such criteria as expertise, ability to work with staff and the
public, and commitment to fulfilling official duties. A Board or Commission appointment
should not be used as a political "reward."
(d) Be respectful of diverse opinions
A primary role of Boards and Commissions is to represent many points of view in the
community and to provide the Council with advice based on a full spectrum of concerns and
perspectives. Councilmembers may have a closer working relationship with some individuals
serving on Boards and Commissions, but must be fair and respectful of all citizens serving on
Boards and Commissions.
(e) Keep political support away from public forums
Board and Commission members may offer political support to a Councilmember, but not
in a public forum while conducting official duties. Conversely, Councilmembers may support
8
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
Board and Commission members who are running for office, but not in an official forum in
their capacity as a Councilmember.
C. SANCTIONS
(a) Acknowledgement of Code of Ethics and Conduct
City Councilmembers who do not sign an acknowledgement that they have read, understand and
agree to abide by this Code of Ethics and Conduct shall be ineligible for intergovernmental
assignments or Council subcommittees. Board and Commission members, who do not sign an
acknowledgement that they have read, understand and agree to abide by this Code of Ethics
and Conduct may be subject to removal from office.
(b) Ethics Training for Local Officials
City Councilmembers, City Treasurer, City Clerk, Board and Commission Members who are
out of compliance with State or City mandated requirements for ethics training shall not
represent the City on intergovernmental assignments or Council subcommittees, and may be
subject to sanctions.
(c) Councilmember Behavior and Conduct
The Belmont Code of Ethics and Conduct expresses standards of ethical conduct expected for
members of the Belmont City Council, Boards and Commissions. Members themselves have the
primary responsibility to assure that ethical standards are understood and met, and that the
public can continue to have full confidence in the integrity of government. The chairs of Boards
and Commissions and the Mayor and Council have the additional responsibility to intervene
when actions of members that appear to be in violation of the Code of Ethics and Conduct are
brought to their attention.
City Councilmembers who intentionally and repeatedly do not follow proper conduct may be
reprimanded or formally censured by the Council, lose seniority or committee assignments
(both within the City of Belmont and with intergovernmental agencies) or other privileges
afforded by the Council. Serious infractions of the Code of Ethics or Code of Conduct
could lead to other sanctions as deemed appropriate by the Council.
Councilmembers should point out to the offending Councilmember infractions of the Code of
Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in
private. If the Mayor is the individual whose actions are being challenged, then the matter
should be referred to the Vice Mayor.
It is the responsibility of the Mayor to initiate action if a Councilmember’s behavior may
warrant sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up
with the full Council in a public meeting.
(d) Board and Commission Members Behavior and Conduct
Counseling, verbal reprimands and written warnings may be administered by the Mayor to
Board and Commission members failing to comply with City policy. These lower levels of
sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands
administered by the Mayor shall be distributed in memo format to the chair of the respective
Board or Commission, the city clerk, the city attorney, the city manager, and the City Council.
9
For ease of reference the term “member” refers to any member of the Belmont City Council, City Treasurer,
City Clerk or City Boards and Commissions established by City ordinance or Council policy.
The City Council may impose sanctions on Board and Commission members whose conduct
does not comply with the City’s policies, up to and including removal from office. Any form of
discipline imposed by Council shall be determined by a majority vote of at least a quorum of
the Council at a noticed public meeting and such action shall be preceded by a Report to
Council with supporting documentation.
When deemed warranted, the Mayor or majority of Council may call for an investigation of
Board or Commission member conduct. Also, should the city manager or city attorney believe
an investigation is warranted, they shall confer with the Mayor or Council. The Mayor or
Council shall ask the city manager or the city attorney to investigate the allegation and report
the findings.
These sanctions are alternatives to any other remedy that might otherwise be available to
remedy conduct that violates this code or state or federal law. In order to protect and preserve
good government, any individual including the city manager and the city attorney after
complying with Rule 3-600(B) of the State Bar Rules of Professional Conduct, who knows or
reasonably believes a member acts or intends or refuses to act in a manner that is or may be a
violation of law reasonably imputable to the organization, or in a manner which is likely to
result in substantial injury to the organization, may report the violation to the appropriate
governmental authorities.
D. IMPLEMENTATION
As an expression of the standards of conduct for members expected by the City, the Belmont
Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective
when members are thoroughly familiar with it and embrace its provisions.
For this reason, this document shall be included in the regular orientations for candidates for City
Council, City Treasurer, City Clerk, applicants to Board and Commissions, and newly elected and
appointed officials. Members entering office shall sign a statement acknowledging they have read,
understand and agree to abide by this Code of Ethics and Conduct. In addition, the Code of Ethics
and Conduct shall be periodically reviewed by the City Council, Boards and Commissions, and
updated it as necessary.
I affirm that I have read, understand and agree to abide by the City of Belmont Code of Ethics
and Conduct for Elected and Appointed Officials.
Signature Date
Table of Contents
Agenda 3
Appointment of Commissioners and Oath of Office
Staff Report 9
Attachment A - Resolution of Appointment 10
Attachment B - Oaths of Office 11
City Council Meeting Minutes
Staff Report -Minutes 15
ATT A- 12-1-2015 Minutes 16
ATT B - 12-2-2015 Minutes 17
Review of Accounts Payable Check Registers
Staff Report 24
11/17/2015 Check Register 25
11/24/2015 Check Register 30
12/01/2015 Check Register 35
12/08/2015 Check Register 39
Treasurer’s Report for the Month Ended September 30, 2015
Treasurer’s Report for the Month Ended September 30,
2015 45
Notice of Completion - McFarland Ave Curb and Gutter
Rehabilitation - Phase 1
Staff Report 52
Attachment - Notice of Acceptance of Completion 53
Progress Update - Implementation of Phase I of the Saratoga
Village Plan Update Process---Community Outreach
Staff Report 54
Att 1 - Summary of November 17, 2015 kick-off
meeting.57
Spring 2016 Issue of The Saratogan
Staff Report 61
Attachment A - Winter 2016 Issue of The Saratogan 63
Fiscal Year 2016/17 Community Event Grant Program and
Street Closure Grant Allocations
Staff Report 67
Attachment A - History of Community Event Allocations
Since Fiscal Year 2013/14 69
BAAQMD's Grant Funding for Plug-In Electric Vehicle Stations
EV Grant Funding RTC 70
EV Grant Funding Reso 73
2016 Hazardous Vegetation Program Commencement
Resolution
Staff Report 75
Attachment A - Resolution Declaring Hazardous
Vegetation (Weeds) as a Public Nuisance and Setting
Public Hearing Date 78
1
Attachment B - 2016 Abatement List/Commencement
Report 80
Attachment C - Sample Materials Mailed to Properties
on Commencement Report 85
Commission Qualifications and Terms Expiring in 2016
Staff Report 87
Attachment A - Current Membership, Attendance, and
Purpose for Saratoga Commissions 90
Attachment B - 2016 Tentative Commission
Recruitment Schedule 96
Adoption of City Council Assignments
Staff Report 97
Attachment A - Resolution Approving Council
Assignments 98
Attachment B - 2016 City Council Assignments 99
Attachment C - Assignment Descriptions 100
Consider Updates to the City Council Handbook, Council &
Commission Expense Policy, E-Communications Policy and
Council Norms
Staff Report 105
Resolution & Expense Policy 109
E-Communication Policy 116
Council Handbook (without appendixes)121
Council Norms of Operation 145
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REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT
13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
The agenda for this meeting was properly posted on December 11, 2015.
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. Appointment of Commissioners and Oath of Office
Recommended action:
Adopt the attached resolution appointing 1 member to the Heritage Preservation Commission
and 3 members to the Traffic Safety; and direct the City Clerk to administer the Oath of
Office.
SPECIAL PRESENTATIONS
None
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
DECEMBER 16, 2015
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CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted in
one motion, unless removed by the Mayor or a Council member. Any member of the public may
speak to an item on the Consent Calendar at this time, or request the Mayor remove an item
from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes.
2. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special City Council Meeting on December 1,
2015 and the Special and Regular City Council Meeting on December 2, 2015.
3. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment cycles:
11/17/2015: Period 5
11/24/2015: Period 5
12/01/2015: Period 6
12/08/2015: Period 6
4. Treasurer’s Report for the Month Ended September 30, 2015
Recommended action:
Review and accept the Treasurer’s Report for the month ended September 30, 2015.
5. Notice of Completion - McFarland Ave Curb and Gutter Rehabilitation - Phase 1
Recommended action:
Move to accept the McFarland Ave Curb and Gutter Rehabilitation - Phase 1 as complete and
authorize staff to record the Notice of Completion for construction contract.
PUBLIC HEARINGS
None
OLD BUSINESS
None
NEW BUSINESS
6. Progress Update - Implementation of Phase I of the Saratoga Village Plan Update Process---
Community Outreach
Recommended action:
No Action Required
7. Spring 2016 Issue of The Saratogan
Recommended action:
Provide direction to staff on the theme and distribution method of the Spring 2016 issue of
The Saratogan.
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Page 3 of 6
8. Fiscal Year 2016/17 Community Event Grant Program and Street Closure Grant Allocations
Recommended action:
Approve the recommendations of the Council Finance Committee for FY 2016/17:
1. Allocate $35,000 for the Community Event Grant Program.
2. Allocate $30,000 for two street closures.
9. BAAQMD's Grant Funding for Plug-In Electric Vehicle Stations
Recommended action:
1. Authorize the City Manager or designee to apply for and accept TFCA Electric Vehicle
Charging Station Demonstration Project Program and/or Chase! Program grant funds from
the Bay Area Air Quality Management District (BAAQMD) for the purpose of installing a
DC Fast Charger Plug-In Electric Vehicle Charging Station in the Saratoga Library parking
lot, and
2. Direct staff to implement the Plug-In Electric Vehicle Station project if grant is awarded,
and
3. Authorize Budget Adjustment to augment the current CIP Electric Vehicle Station project
budget.
10. 2016 Hazardous Vegetation Program Commencement Resolution
Recommended action:
Approve resolution declaring hazardous vegetation (weeds) as a public nuisance and setting a
public hearing on January 20, 2016 to consider objections to the Abatement List.
11. Commission Qualifications and Terms Expiring in 2016
Recommended action:
Accept the list of Commission qualifications and terms expiring in the 2016 calendar year.
12. Adoption of City Council Assignments
Recommended action:
Approve the resolution adopting the 2016 City Council assignments.
13. Consider Updates to the City Council Handbook, Council & Commission Expense Policy, E-
Communications Policy and Council Norms
Recommended action:
1. Adopt the resolution approving modifications to Council and Commission Expense
Policy
2. Receive report on the Council and Commission E-Communication Policy
3. Review updates to the City Council Handbook
4. Provide direction on any updates to the City Council Norms of Operation
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
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
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Page 4 of 6
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Santa Clara County Library Joint Powers Authority
Council Member Mary-Lynne Bernald
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 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
Council Member Rishi Kumar
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Santa Clara Valley Water District Commission
Saratoga Chamber of Commerce & Destination Saratoga
Saratoga Ministerial Association
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to
the City Council by City staff in connection with this agenda are available at the office of the City Clerk
at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City
Council concurrently with the posting of the agenda are also available on the City Website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available
for public review at the office of the City Clerk at the time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to
participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II)
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Page 5 of 6
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 December 11, 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 11th day of December 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
12/16 Regular Meeting –5:30 p.m. Library Commission Study Session 6:15 p.m. Council
Norms Study Session
01/06 Meeting Cancelled
01/20 Regular Meeting –Joint Meeting with County Supervisor Joe Simitian
02/03 Regular Meeting –Joint Meeting with KSAR
02/05 Council Retreat – 8:30 a.m. -4:30 p.m.– West Valley College
02/17 Regular Meeting – 5:30 p.m. Joint Meeting with Planning Commission and Heritage
Preservation Commission, Arts and Crafts Room in Community Center
02/27 3-5 p.m. State of the City event --Theater
03/02 Regular Meeting – Joint Meeting with Traffic Safety Commission
03/16 Regular Meeting – Joint Meeting with Parks & Rec Commission and PEBTAC
04/06 Regular Meeting – Joint Meeting with Library Commission, Librarians, and Friends of
Library
04/20 Regular Meeting – Joint Meeting with Saratoga Ministerial Association
04/25? Budget Study Session
05/04 Regular Meeting – Joint Meeting with Mt. Winery and Montalvo Arts
05/18 Regular Meeting – Joint Meeting with County Fire and Santa Clara County FireSafe
Council
06/01 Regular Meeting – 5:30 p.m. Joint Meeting with HOA’s in Senior Center, Saunders
Room
06/15 Regular Meeting – Joint Meeting with Sheriff Office
07/06 Regular Meeting –Joint meeting Hakone Foundation Board
07/20 Meeting Cancelled
08/03 Meeting Cancelled
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2015/2016
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Page 6 of 6
08/17 Regular Meeting – Joint Meeting with Chamber of Commerce and Destination Saratoga
09/07 Regular Meeting – Joint Meeting with SASCC
09/21 Regular Meeting – Joint Meeting with Youth Commission
10/05 Regular Meeting – 5:30 p.m. Joint Meeting with Saratoga School Districts in Senior
Center, Saunders Room
10/19 Regular Meeting – Joint Meeting with Historical Foundation
11/02 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board
of Trustees
11/16 Regular Meeting – Joint Meeting with Senator Beall Jr.
12/07 Regular Meeting – Joint Meeting with Representative Low
12/20 City Council Reorganization
12/21 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: December 16, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT: Appointment of Commissioners and Oath of Office
RECOMMENDED ACTION:
Adopt the attached resolution appointing 1 member to the Heritage Preservation Commission
and 3 members to the Traffic Safety; and direct the City Clerk to administer the Oath of Office.
BACKGROUND:
On December 31, 2015, the terms of 1 Heritage Preservation Commissioner and 3 Traffic Safety
Commissioners will end. Consequently, the City started recruitment for the vacancies in
September 2015. A total of 1 application was received for the opening on the Heritage
Preservation Commission and 5 applications were received for the Traffic Safety Commission
before the application deadline on November 23, 2015. Council has selected the following
applicants to be appointed to the Heritage Preservation Commission and Traffic Safety
Commission for 4 year terms ending December 31, 2019:
Name Commission Term
Marilyn Marchetti Heritage Preservation Commission 1/1/2016 – 12/31/2019
Ray Cosyn Traffic Safety Commission 1/1/2016 – 12/31/2019
Christopher Coulter Traffic Safety Commission 1/1/2016 – 12/31/2019
Jonathan “Jojo” Choi Traffic Safety Commission 1/1/2016 – 12/31/2019
FOLLOW UP ACTION:
Update the City’s Commission roster.
ATTACHMENTS:
Attachment A - Resolution of Appointment
Attachment B - Oaths of Office
9
RESOLUTION NO. 15-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING MEMBERS TO THE SARATOGA HERITAGE PRESERVATION
COMMISSION AND TRAFFIC SAFETY COMMISSION
WHEREAS, one vacancy was created on the Heritage Preservation Commission resulting from
the expired term of Marilyn Marchetti and three vacancies were created on the Saratoga Traffic Safety
Commission resulting from the expired terms of Ray Cosyn, Peggy Guichard, and Elena Musselman;
and
WHEREAS, the City publicized the vacancies, accepted applications until the deadline on
November 23, 2015, and the City Council conducted interviews on December 2, 2015.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following
individuals are appointed to the Heritage Preservation Commission and Traffic Safety Commission for
full four-year terms starting January 1, 2016 and ending December 31, 2019:
Name Commission Term
Marilyn Marchetti Heritage Preservation Commission 1/1/2016 – 12/31/2019
Ray Cosyn Traffic Safety Commission 1/1/2016 – 12/31/2019
Christopher Coulter Traffic Safety Commission 1/1/2016 – 12/31/2019
Jonathan “Jojo” Choi Traffic Safety Commission 1/1/2016 – 12/31/2019
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16th day of December 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
Attest:
Crystal Bothelio, City Clerk
10
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Marilyn Marchetti, 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.
Marilyn Marchetti, Member
Heritage Preservation Commission
Subscribed and sworn to before me on
this 16th day of December 2015.
Crystal Bothelio
City Clerk
11
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Ray Cosyn, 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.
Ray Cosyn, Member
Traffic Safety Commission
Subscribed and sworn to before me on
this 16th day of December 2015.
Crystal Bothelio
City Clerk
12
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Christopher Coulter, 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.
Christopher Coulter, Member
Traffic Safety Commission
Subscribed and sworn to before me on
this 16th day of December 2015.
Crystal Bothelio
City Clerk
13
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Jonathan “Jojo” Choi, 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.
Jonathan “Jojo” Choi, Member
Traffic Safety Commission
Subscribed and sworn to before me on
this 16th day of December 2015.
Crystal Bothelio
City Clerk
14
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider, Deputy City Clerk
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Special City Council Meeting on December 1, 2015
and the Special and Regular City Council Meeting on December 2, 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 City Council Meeting on December 1, 2015
Attachment B - Minutes for the Special and Regular City Council Meeting on December 2, 2015
15
1
MINUTES
TUESDAY, DECEMBER 1, 2015
SARATOGA CITY COUNCIL SPECIAL MEETING
CALL MEETING TO ORDER
Mayor Miller called the meeting to order at 11:45 a.m. at Florentine’s Restaurant, 14510 Big
Basin Way in Saratoga, California.
ROLL CALL
PRESENT Council Members Emily Lo, Mary-Lynne Bernald, Rishi Kumar,
Vice Mayor Manny Cappello, Mayor Howard Miller
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Debbie Bretschneider, Acting City Clerk
City Employees
COMMUNICATIONS FROM PUBLIC
None.
NEW BUSINESS
1. Resolution Establishing a One-Time, Non-Precedential Authorization of Payment in
Appreciation and Recognition of Employees
Recommended Action:
Adopt the resolution entitled, “A Resolution of the City Council and the City of Saratoga
establishing a one-time, non-precedential authorization of Payment in Appreciation and
Recognition of Employees.
CAPPELLO/LO MOVED TO APPROVE THE RESOLUTION ENTITLED, “A
RESOLUTION OF THE CITY COUNCIL AND THE CITY OF SARATOGA
ESTABLISHING A ONE-TIME, NON-PRECEDENTIAL AUTHORIZATION OF
PAYMENT IN APPRECIATION AND RECOGNITION OF EMPLOYEES.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
ADJOURNMENT
CAPPELLO/LO MOVED TO ADJOURN THE MEETING AT 11:48 A.M. . MOTION PASSED.
AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, Acting City Clerk, City of Saratoga
16
1
MINUTES
WEDNESDAY, DECEMBER 2, 2013
SARATOGA CITY COUNCIL SPECIAL MEETING
At 5:00 p.m., the City Council conducted interviews for the Heritage Preservation Commission
and Traffic Safety Commission in the Administrative Conference Room at City Hall at 13777
Fruitvale Avenue. At 6:00 p.m., the Council held a Joint Meeting with Assembly Member Evan
Low.
SARATOGA CITY COUNCIL SPECIAL MEETING
COUNCIL REORGANIZATION
Mayor Miller called the Reorganization Meeting to order at 7:04 p.m. and Cub Scout Troop 566
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
Catherine Engberg, Acting City Attorney
Debbie Bretschneider, Acting City Clerk
John Cherbone, Public Works Director
Erwin Ordenez, Community Development Director
Michael Taylor, Recreation and Facilities Director
Brian Babcock, Administrative Analyst I
Cheryl Parkman, MTEP Participant
REPORT OF CITY CLERK ON POSTING OF AGENDA
Acting City Clerk Debbie Bretschneider reported that agenda for this meeting was properly
posted on November 25, 2015.
COMMUNICATIONS FROM PUBLIC
Oral Communications on Non-Agendized Items
Mary Robertson spoke on Item 16 from the November 18, 2015 City Council meeting.
Barry Chang, Mayor of Cupertino, spoke about the Community Choice Energy program.
Cupertino passed a resolution last night and is asking Saratoga to join in.
Oral Communications - Council Direction to Staff
None.
17
2
NEW BUSINESS
1. Remarks from Outgoing Mayor Miller and Council Members.
Mayor Miller announced that Saratoga won the Silicon Valley Turkey Trot Small City
award for the 5th year in a row.
Mayor Miller then spoke about the highlights of his ye ar as Mayor, which included the
City finally receiving it’s fair share of local property taxes and the opening of the 64-acre
park, Saratoga Quarry Park. He shared that is has been a privilege to have been Mayor for
the past year.
Council Members gave remarks about Mayor Miller and showed a video about the
Quarry Park. Council presented Mayor Miller with a Certificate of Appreciation and Key
to the City.
2. Reorganization of City Council
Recommended action:
Appoint Mayor and Vice Mayor:
1) City Clerk declares the offices of Mayor and Vice Mayor to be vacant;
2) Nomination of the Mayor;
3) Administer oath of office to new Mayor;
4) Nomination of the Vice Mayor; and
5) Administer oath of office to new Vice Mayor.
Acting City Clerk Debbie Bretschneider declared the offices of Mayor and Vice Mayor to be
vacant then called for nominations for the office of Mayor.
LO/BERNALD MOVED TO NOMINATE MANNY CAPPELLO AS MAYOR FOR
THE YEAR 2016. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Romolo Cappello administered the Oath of Office to Mayor Manny Cappello.
Mayor Cappello invited nominations for the office of Vice Mayor.
BERNALD/KUMAR MOVED TO NOMINATE EMILY LO AS VICE MAYOR FOR
THE YEAR 2016. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Acting City Clerk Debbie Bretschneider administered the Oath of Office to Vice Mayor
Emily Lo.
3. Remarks from New Mayor, Vice Mayor, and Council Members
Mayor Cappello recognized dignitaries in the audience. Mayor Cappello spoke about his
appointment as Mayor and the goals for the upcoming year. Members of the City
Council commented on Mayor Cappello and his upcoming term as Mayor.
18
3
Mayor Cappello invited public comment.
The following people requested to speak:
Assembly Member Evan Low
Barry Chang, Mayor of Cupertino
Savita Vaidhyanathan, Vice Mayor of Cupertino
Jason Baker, Mayor of Campbell
Debra Cummins, Chamber of Commerce and member of Rotary
ADJOURNMENT TO CIVIC THEATER LOBBY FOR SHORT RECEPTION
MILLER/BERNALD MOVED TO ADJOURN THE MEETING AT 8:20 P.M. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
19
4
SARATOGA CITY COUNCIL REGULAR MEETING
Mayor Cappello called the Regular Meeting to order at 8:46 p.m.
COMMUNICATIONS FROM PUBLIC
Oral Communications on Non-Agendized Items
None.
CEREMONIAL ITEMS
1. Commendation for Assembly Member Evan Low
Recommended action:
Present the commendation to Assembly Member Evan Low.
The City Council presented the commendation to Assembly Member Evan Low.
ANNOUNCEMENTS
Council Member Kumar announced a new Citizen’s group in Saratoga, Vibrant Saratoga Team.
More information is available at Tinyurl.com/vibrantsaratogateam. He also announced that
information about Bollywood Night is online at http://www.siliconvalleybollywood.com/
Council Member Kumar publicized the Start-up Boot Camp, which is a semester long program
on how to create a business plan and learn to develop that plan. The program starts in January
2016. It ends on June 12, Saratoga Tech day, when the business plans will be judged.
http://www.siliconvalleycoders.org
Council Member Kumar also publicized that the Chamber of Commerce Farmer’s Market will
now be open year round on Wednesday afternoon’s at Blaney Plaza.
Council Member Miller spoke about the Saratoga Recreation Guide winter classes. More
information is available at http://www.saratoga.ca.us/cityhall/rec/default.asp
Council Member Miller announced that the Saratoga High School Band is combining with the
Redwood Middle School to participate in the Los Gatos Parade on December 5. Additionally,
the Saratoga High School Marching Band is participating in the Rose Parade on January 1, 2016!
Council Member Bernald announced the Saratoga History Museum will have exhibit on
Holidays, which runs through January. The Museum’s regular hours are 1-4 p.m., Friday-
Sunday.
Vice Mayor Lo announced that the Chamber of Commerce is having a Holiday mixer on
December 15 from 5:30-7:30 p.m. at Our Lady of Fatima Villa.
20
5
SPECIAL PRESENTATIONS
2. Management Talent Exchange Program Report
Recommended action:
Receive report
MTEP participant Cheryl Parkman presented the staff report and presentation.
Council Members thanked Cheryl for her work.
The Council gave staff direction is to have the Crisis Communication plan in the Council
Handbook.
CONSENT CALENDAR
3. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special and Regular City Council Meeting on
November 18, 2015.
MILLER/KUMAR MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON NOVEMBER 18,
2015. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE
4. Second Reading of an Ordinance Amending City Code Sections 15-45 and 15-46 (Design
Review Story Pole Requirements)
Recommended action:
Waive the second reading and adopt the attached ordinance revising City Code Sections 15-
45 and 15-46 (Design Review Story Pole Requirements).
ORDINANCE 336
MILLER/KUMAR MOVED TO ADOPT THE ATTACHED ORDINANCE REVISING
CITY CODE SECTIONS 15-45 AND 15-46 (DESIGN REVIEW STORY POLE
REQUIREMENTS). MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
5. Second Reading of an Ordinance Amending City Code Section 15-65 (Nonconforming Uses
and Structures)
Recommended action:
Waive the second reading and adopt the attached ordinance revising City Code Section 15-65
(Nonconforming Uses and Structures).
ORDINANCE 337
21
6
MILLER/KUMAR MOVED TO ADOPT THE ATTACHED ORDINANCE REVISING
CITY CODE SECTION 15-65 (NONCONFORMING USES AND STRUCTURES).
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
Mayor Cappello asked for remarks from Council.
Council Member Miller spoke on his appreciation for the staff work on Item 4 & 5.
PUBLIC HEARINGS
None
OLD BUSINESS
None
NEW BUSINESS
6. Review of City Council Agency & Ad Hoc Committees
Recommended action:
Review the list of agencies and committees and provide direction on any changes to staff.
Acting City Clerk Debbie Bretschneider presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
Council gave direction to staff.
7. 2016 City Council Meeting Schedule
Recommended action:
Provide direction on the 2016 City Council Meeting schedule.
Acting City Clerk Debbie Bretschneider presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
MILLER/BERNALD MOVED TO APPROVE THE CANCELLATION OF THE JULY
20 AND AUGUST 3, 2016 COUNCIL MEETINGS. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
22
7
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Saratoga Area Senior Coordinating Council (SASCC) -the next meeting will be a special
meeting to receive report from consultant.
Mayor Cappello added that he spoke during the Interfaith Service held by the Ministerial
Association on Thanksgiving.
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee --December 17 is the next meeting.
Council Member Mary-Lynne Bernald
Saratoga Sister City Organization –the group is organizing a docent program, and is looking for
someone who speaks Japanese for translation to correspond with Muko City.
Council Member Howard Miller
Valley Transportation Authority (VTA) Policy Advisory Committee –Council Member Miller was
selected chair of election committee.
Council Member Rishi Kumar
Saratoga Ministerial Association –the group had their 50th anniversary of the Interfaith Service.
Council Member Kumar also shared that he attended a conference put on by the League.
CITY COUNCIL ITEMS
None
CITY MANAGER’S REPORT
City Manager James Lindsay thanked Council Member Miller for his work as Mayor. And
congratulated the new Mayor and Vice Mayor.
Acting City Attorney Catherine Engberg also congratulated the new Mayor and Vice Mayor.
ADJOURNMENT
MILLER/BERNALD MOVED TO ADJOURN THE MEETING AT 9:46_P.M. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, Acting City Clerk
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:
12/01/2015: Period 6
12/08/2015: Period 6
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 #
11/17/15 129474 129528 55 551,174.95 11/17/15 11/10/15 129473
11/24/15 129529 129584 56 217,193.01 11/24/15 11/17/15 129528
12/1/15 129585 129621 37 39,167.67 12/01/15 11/24/15 129584
12/8/15 129622 129676 55 497,661.36 12/08/15 12/01/15 129621
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
11/17/15 129495 General 22,434.92
11/17/15 129505 SCC Office of the Sheriff General PS 414,423.33
11/24/15 129545 PW 33,070.00
11/24/15 129568 CDD 109,510.50
12/08/15 129642 PW 73,536.36
12/08/15 129657 PW 21,691.27
12/08/15 129661 CDD 270,000.00
Accounts Payable checks voided during this time period:
AP Date Check #Amount
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
PREPARED BY:
CIP Streets Projects
General
Bond Release
Fund Purpose
Bond Release
Various
Law Enforcement
PEG Fees
SARATOGA CITY COUNCIL
MEETING DATE:December 16, 2015
DEPARTMENT:Finance & Administrative Services
11/24/2015: Period 5
11/17/2015: Period 5
KSAR General
Ending
Check #
Issued to
N/A
Prior Check Register
Checks
Released
Total
Checks Amount
Reason Status
Starting Check #Date
Satish & Smita Dharmaraj
Guerra Construction
SSC Valley Transportation
Saratoga Village Proj
General
CIP Streets Projects
General CMP Fees 2016-2017
Type of Checks
Accounts Payable
Accounts Payable
Dino Turchet Construction
Sholeh Diba Goetting
Accounts Payable
Accounts Payable
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended September 30, 2015
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended September 30, 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 September 30, 2015, the City had $430,959 in cash deposit at Comerica bank, and $15,144,095 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 September 30, 2015 is
$15,575,054 and exceeds the minimum limit required.
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Unrestricted Cash
Comerica Bank 430,959$
Deposit with LAIF 15,144,095$
Total Unrestricted Cash 15,575,054$
Cash Summary
45
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 – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 15,575,054$
Plus: Assets 755,702
Less: Liabilities (2,616,261)
Ending Fund Balance 13,714,495$
Adjusting Cash to Ending Fund Balance
46
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/15
Increase/
(Decrease)
Jul-Aug
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
9/30/15
General Fund
Restricted Fund Balances:
Environmental Services Reserve 363,182 - - - - - 363,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 1,777,896 - - - - 1,777,896 -
Facility Reserve 900,000 - - - - - 900,000
Carryforwards Reserve 176,560 - - - - - 176,560
Unassigned Fund Balances:-
Working Capital Reserve 2,007,545 - - - - - 2,007,545
Fiscal Stabilization Reserve 1,000,000 - - - - - 1,000,000
Development Services Reserve 713,891 - - - - 60,000 653,891
Compensated Absences Reserve 208,167 - - - - - 208,167
Other Unassigned Fund Balance Reserve (Pre YE distribution 1,659,490 (2,386,463) 950,796 1,272,426 - 64,760 (1,113,363)
General Fund Total 9,806,731 (2,386,463) 950,796 1,272,426 - 1,902,656 5,195,982
Special Revenue
Landscape/Lighting Districts 867,643 (59,805) 880 36,317 - - 772,402
Capital Project
Street Projects 1,041,388 (100,587) 18,220 68,212 1,088,760 - 1,979,570
Park and Trail Projects 888,565 (37,709) - 386,641 328,068 64,068 728,215
Facility Projects 347,618 (72,020) - 18,761 233,896 - 490,734
Administrative Projects 367,869 5,530 5,282 29,257 285,000 - 634,424
Tree Fund Projects 56,248 575 1,720 1,303 - - 57,240
Park In-Lieu Fees Projects 276,753 (95,959) - (164,960) 31,000 - 376,754
CIP Grant Street Projects 8,294 - - 41 - - 8,252
CIP Grant Park & Trail Projects 17,427 - - 4,618 - - 12,809
Gas Tax Fund Projects 854,615 82,420 104,742 22,609 33,878 33,878 1,019,167
CIP Fund Total 3,858,778 (217,750) 129,964 366,483 2,000,602 97,946 5,307,164
Debt Service
Library Bond 906,600 (693,451) 504 750 - - 212,903
Internal Service Fund
Liability/Risk Management 291,263 (105,512) 6,693 14,960 - - 177,484
Workers Compensation 314,525 242 - 3,602 - - 311,165
Office Support Fund 75,075 3,895 906 3,212 - - 76,664
Information Technology Services 260,322 41,556 459 46,452 - - 255,885
Equipment Maintenance 115,564 36,062 - 17,054 - - 134,572
Building Maintenance 268,326 113,511 754 68,751 - - 313,839
Equipment Replacement 649,498 33,984 - 612 - - 682,869
Technology Replacement 194,101 30,327 - 862 - - 223,565
Building FFE Replacement - 50,000 - - - - 50,000
-
Total City 17,608,426 (3,153,405) 1,090,956 1,831,482 2,000,602 2,000,602 13,714,495
47
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Aug
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
9/30/15
Street Projects
Annual Street Resurfacing - 18,220 18,220 11,680 64,760 - 89,521
Residential Street Construction 243,612 (99,741) - 43,168 300,000 - 400,702
Roadway Maintenance and Repairs - (13,035) - 6,676 375,000 - 355,289
EV Stations - - - - 25,000 - 25,000
Roadway Safety & Traffic Calming 27,114 (5,710) - 2,988 50,000 - 68,415
Highway 9 Safety Project - Phase IV 121,019 - - - - - 121,019
Beaumont Traffic Circle - - - - 30,000 - 30,000
Village LED Streetlights 5,007 - - - - - 5,007
Annual Sidewalks Project 46,702 - - 3,015 50,000 - 93,687
Annual Storm Drain Upgrade 9,352 (321) - 685 50,000 - 58,346
Village-Streetscape Improvements 25,059 - - - 50,000 - 75,059
Village Sidewalk Curb & Gutter Construction - Phase II 85,281 - - - - - 85,281
EL Camino Grande SD Pump 150,000 - - - - - 150,000
Saratoga Hills SD Pump - - - - 44,000 - 44,000
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
Bridge Maintenance & Repairs - - - - 50,000 - 50,000
Underground Project 98,744 - - - - - 98,744
Total Street Projects 1,041,388 (100,587) 18,220 68,212 1,088,760 - 1,979,570
Parks & Trails Projects
Park/Trail Repairs 67,929 - - - - 64,068 3,861
Park Pathway Repairs - - - - 50,000 - 50,000
Sustainable Landscaping - - - - 89,068 - 89,068
Hakone Garden Matching Funds 193,991 (33,950) - 25,018 - - 135,022
Hakone Garden Upper Moon House 125,000 - - - - - 125,000
Quarry Park Plan Implement 290,768 - - 361,622 90,000 - 19,146
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 Village Creek Trail - Design 31,000 (3,760) - - 18,000 - 45,241
Saratoga Village Creek Trail - Construction - - - - 81,000 - 81,000
Total Parks & Trails Projects 888,565 (37,709) - 386,641 328,068 64,068 728,215
Facility Projects
Facility Projects 43,500 (25,000) - 14,150 - - 4,350
Security Locks 53,007 - - - - - 53,007
City Hall Emergency Power Backup 325 - - 108 - - 217
Master Switch - Electrical Board 73,498 (45,956) - 800 - - 26,743
ENG/CDD Window Replacement - - - - 40,000 - 40,000
Civic Theater Improvements 87,882 4,932 - 3,703 - - 89,110
Civic Theater Master Plan Improvements 64,900 - - - - - 64,900
Theater Boiler Replacement - - - - 90,000 - 90,000
Theater Rooftop Duct Work - - - - 90,000 - 90,000
Pre-School Playground Structure 10,458 (5,996) - - - - 4,462
SPCC Furniture & Fixtures - - - - 13,896 - 13,896
McWilliams House Improvements - Phase II 3,578 - - - - - 3,578
Library Building Exterior Maintenance Projects 10,470 - - - - - 10,470
Total Facility Projects 347,618 (72,020) - 18,761 233,896 - 490,734
48
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Aug
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
9/30/15
Administrative Projects
Financial System Upgrade 3,534 - - - - - 3,534
COMB Document Imaging Project 57,894 - - 4,478 - - 53,416
City Website/Intranet - - - - 75,000 - 75,000
Development Technology 22,928 6,849 5,282 - - - 35,059
Trak-It Software Upgrade - - - - 60,000 - 60,000
LLD Initiation Match Program 49,000 - - - - - 49,000
Horseshoe Beautification 25,000 - - - - - 25,000
General Plan Update 100,000 - - - - - 100,000
Village Façade Program 20,321 - - - - - 20,321
Village Specific Plan Update - (1,319) - 758 100,000 - 97,923
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 64,192 - - 24,020 50,000 - 90,171
Total Administrative Projects 367,869 5,530 5 ,282 29,257 285,000 - 634,424
Tree Fund Projects
Citywide Tree Planting Program 33,248 450 1,720 1,303 - - 34,115
Tree Dedication Program 21,250 125 - - - - 21,375
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 56,248 575 1,720 1,303 - - 57,240
CIP Grant Street Projects
Citywide Signal Upgrade II (924) - - 41 - (965)
Saratoga Ave Sidewalk 9,218 - - - - - 9,218
Total CIP Grant Street Projects 8,294 - - 41 - - 8,252
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 4,618 - - 4,618 - - -
Joe's Trail at Saratoga / De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 17,427 - - 4,618 - - 12,809
Park In-Lieu Fees Projects
Quarry Park Plan Implement 153,888 (95,959) - (164,960) - - 222,889
Saratoga Village Creek Trail - Design - - - - 31,000 - 31,000
Saratoga Village Creek - Construction 19,000 - - - - - 19,000
Unallocated Park Fees 103,865 - - - - - 103,865
Total park In-Lieu Fees Projects 276,753 (95,959) - (164,960) 31,000 - 376,754
Gas Tax Fund Projects
Annual Street Resurfacing 108,068 82,420 104,742 7,200 33,878 - 321,907
Prospect/Saratoga OBAG Improvement 544,825 - - 15,399 - - 529,426
Citywide Signal Upgrade II 99,769 - - 10 - - 99,759
Arroyo de Arguello Storm Drain 33,878 - - - - 33,878 -
Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000
OBAG Big Basin Way S/WCG 20,990 - - - - - 20,990
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 854,615 82,420 104,742 22,609 33,878 33,878 1,019,167
Total CIP Funds 3,858,778 (217,750) 129,964 366,483 2,000,602 97,946 5,307,164
49
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
50
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28
Quarterly Apportionment Rates
Local Agency Investment Fund
51
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: Public Works
PREPARED BY: Rick Torres, Public Works Manager
SUBJECT: Notice of Completion - McFarland Ave Curb and Gutter Rehabilitation -
Phase 1
RECOMMENDED ACTION:
Move to accept the McFarland Ave Curb and Gutter Rehabilitation - Phase 1 as complete and
authorize staff to record the Notice of Completion for construction contract.
REPORT SUMMARY:
All work for the McFarland Ave Curb and Gutter Rehabilitation - Phase 1 has been completed by
the City’s contractor, George Bianchi Construction Inc., and has been inspected and accepted by
Public Works staff. The scope of this project included removal and replacement of curb and
gutter and driveway approaches on McFarland Drive from Devon to Paseo Persada. Repaving of
the road will be included in the 2015/16 Pavement Management Program.
On May 20, 2015, City Council awarded a construction contract in the amount of $177,500 with
a contingency amount of $53,000 for a total authorization of $230,500. The final contract
amount for the project was $218,180.07. The remainder of the project funds in the amount of
$12,319.93 will be released back into the Residential Street Reconstruction CIP.
In order to close out the construction contract and begin the one year maintenance / warranty
period, it is recommended that Council accept the project as complete. Furthermore it is
recommended that the Council authorizes staff to record the attached Notice of Completion for
the construction contracts that the requisite 30-day stop notice for the filing of claims by
subcontractors or material providers may commence.
FOLLOW UP ACTION:
Staff will record the Notice of Completion for the construction contract and release sureties and
retention thirty days thereafter.
ATTACHMENTS:
Attachment A: Notice of Completion
52
Recording requested by,
And to be returned to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, was accepted as complete by the Owner on the 16th
day of December, 2015.
Contract Number: N/A
Contract Date: May 20, 2015
Contractor’s Name: George Bianchi Construction Inc.
Contractor’s Address: 775-A Mabury Road
Description of Work: McFarland Ave Curb and Gutter Rehabilitation 2015 Phase 1
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on December 16, 2015.
CITY OF SARATOGA
BY:____________________________ ATTEST:____________________________
James Lindsay Crystal Bothelio, City Clerk
City Manager Gov. Code 40814
53
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: Community Development
PREPARED BY: Kirk Heinrichs, Special Projects Manager
SUBJECT: Progress Update - Implementation of Phase I of the Saratoga Village Plan
Update Process---Community Outreach
RECOMMENDED ACTION:
No action required.
BACKGROUND:
The City is embarking on a community process to review and update the Village Specific Plan
originally adopted in 1988. The Village Specific Plan is the primary policy document guiding
development in the Village. On September 8, 2015, the City Council approved a work plan for
implementing a community engagement and outreach process to solicit community input on the
Village as a first step.
On October 21, 2015, the City Council authorized the City Manager to enter into an agreement
with Godbe Research firm specializing in community polling. The Council also learned about
Peak Democracy, a social media platform that specializes in on-line community polling and
surveying. These firms are being employed to work with the City as part of the community
outreach effort.
The Council directed staff to report back on December 16th as to the progress of the community
outreach effort.
DISCUSSION:
Serving as a “kick-off” for the Village Plan update process, on November 17th a joint session of
the Planning Commission and the Heritage Preservation Commission was conducted in the Joan
Pisani Community Center where staff presented the current Village Specific Plan and the Village
Design Guidelines. Additionally, staff presented the community outreach strategy for seeking
community input on the Village. In addition to the two Commissions, approximately 35
members of the Saratoga community at large were in attendance.
54
The November 17th community meeting agenda included:
A staff presentation of the current Saratoga Village Plan and Design Guidelines.
A staff presentation of the community outreach strategy to seek community input on the
Village.
.
Planning Commission Chair Almalech facilitated the Planning Commission/Heritage
Preservation Commission comments and questions.
The general public in attendance was provided the opportunity to make comments and
ask questions.
The community meeting appeared to be well attended and well received. Attachment A of this
staff report includes a summary of the November 17th meeting.
As discussed with the City Council at its October 21st meeting the primary push to engage the
community on the Village will begin in January after the holidays. The Village Plan website is
live and can be accessed at www.saratogavillageplan.org. The survey questions have been
finalized for both the Godbe Research resident poll and the Peak Democracy survey site. The
following tentative schedule will give the Council a sense for how the outreach is intended to
move forward. As this strategy rolls out, staff may find some outreach efforts are getting better
results than others, and adjustments will be made. Staff will keep the Council abreast of these
changes.
Preliminary Strategy
November 2015
Village Plan Update Process kick–off community meeting with Planning Commission
and Heritage Preservation Commission.
WWW.SARATOGAVILLAGEPLAN.ORG goes live and includes general information
on the Village Plan and Design Guidelines, various related downloads, the Village
Specific Plan process updates, links to Village sites for activities, and most importantly, a
link to the Peak Democracy survey site where residents can take the Village survey
(survey site will be accessible in January 2016).
December 2015
In cooperation with Godbe Research, finalizing polling questions to be used by both
Godbe as well as on the Peak Democracy on-line survey.
55
January 2016
January 9th the Godbe Research public opinion poll will be in the field
“Open Town Hall,” the Village survey site hosted by Peak Democracy will be live. The
City will be initiating its social media strategy through Facebook, Next Door and Twitter
to drive residents, neighborhood associations, PTAs and other organizations to the
Village Plan website and the survey site.
Grass roots outreach begins.
“Pop-up Workshops” will be set up in the library on select weekend days and possibly
some mid-week evenings to engage residents including students. Will also set up on
select dates at the Farmers Markets
Meet with the Youth Commission
February 2016 – April 2016
“Pop- up workshops continue at the library and Farmers Markets
On-going social media outreach to residents.
Attend Saratoga Kiwanis Club meeting
Attend Saratoga Rotary Meeting
Begin outreach to the Village business and property owners.
Saratoga Village Development Council
Destination Saratoga
Chamber of Commerce
Village business owners
Village property owners
May 2016
Staff will present the results of the community outreach to a Joint Meeting of the
Planning Commission and Heritage Preservation Commission
Staff will present the results of the community outreach to the City Council
FOLLOW UP ACTION:
Staff will return to the City Council in May, 2016 with the community outreach results and will
seek Council direction for next steps.
ATTACHMENTS:
Attachment A: Summary of November 17, 2015 kick-off meeting.
56
City of Saratoga | Village Plan Update
Village Plan Update Kick-Off Meeting – Meeting Summary
November 17, 2015
Joint Planning & Heritage Preservation Commission Meeting
Joan Pisani Community Center
Moderators: Erwin Ordoñez, Community Development Director and Kirk Heinrichs, Special Projects
Manager
Event Summary
The first Village Specific Plan Update community engagement meeting was held on Tuesday, November
17th in the Joan Pisani Community Center from 6:00 to 8:00 PM. The Planning Commission and Heritage
Preservation Commission held a joint meeting to kick-off the Village Specific Plan Update. The purpose
of the meeting was to review with the Commissions, and those community members at large that were
present, the existing Saratoga Village Specific Plan and the Village Design Guidelines. The Village Specific
Plan set land use policy and guidance for developing and building in the Village. The Design Guidelines
establishes in more detail architectural standards for both public and private improvements. In addition
to the two Commissions, an estimated 34 Saratoga community members attended the event.
Staff provided an introduction to the attendees with a summary of the purpose of the Village Plan
update process including background information as to why the City is embarking on the Village Plan
update. The Village Plan was originally adopted in 1988 and while the General Plan has been updated,
the Village Plan has not had a comprehensive update since its adoption. The Village Plan needs to be
evaluated to determine if the current policies still reflect the values of the community.
The Village Specific Plan was presented detailing stated goals in the Plan, including land use & zoning,
circulation & parking, village design, and implementation. A summary was provided of the community
outreach process the City will undertake to solicit community input on the Village. It was explained that
the City will use a variety of platforms to reach out to the community for feedback including a separate
Saratoga Village Plan website, a crowd sourcing social media platform for surveying residents, the use of
a professional polling firm to seek resident views of the Village, and grass roots efforts to reach out to
community groups and organizations. The Saratoga Village Plan website will be launched in mid-
December.
Staff to return to the City Council in early summer, 2016, to report community outreach results.
Planning Commission/Heritage Preservation Commission Comments
After the staff completed its presentation, Planning Commission Chair Leonard Almalech provided an
opportunity for the Commissioners to ask questions and comment on the proposed Village Plan process.
Some of the main comments were:
· For the resident survey, some Commissioners wanted to know what kinds of businesses do
residents want to see in the Village.
· Important to understand if the existing Design Guidelines are working by evaluating successful
projects and those that are viewed as unsuccessful.
57
· What is the scope of the review and update? Are we starting from scratch? What is the scope?
City staff indicated that the intent of the Village Plan update is to have a comprehensive review,
but currently there are no planned changes, other than improving the aesthetics, format and
function of the document. Material changes, if any, would come from the community.
· Want feedback from Village business owners of their views on the Village.
· Survey resident use or patronage of the Village. How often they visit and what would compel
them to visit more often?
· Several suggestions that the Village boundaries should be extended easterly across Saratoga –
Los Gatos Road to the Foothill Club, Saratoga Federated Church, and Neale’s Hollow.
· Do residents have an interest in have pedestrian plazas in the Village?
· Make sure we target Saratoga teens and uses in the Village to attract that demographic.
· Do the residents proximate or adjacent to the Village carry more political clout when it comes to
Village projects and policy decisions?
· Share Village Walk and historic components of Village on Saratoga Village Plan website for
community education and understanding.
· Traffic safety and circulation in the Village was mentioned numerous times and how can traffic
controls be implemented to protect pedestrians as well as provide for better traffic circulation.
Specifically, 5th Street intersection is unsafe.
· Concern that there is no light at Fourth Street and that traffic calming has not fully addressed
the safety concerns.
· Suggestion to consider speed bumps as found in residential areas of the City.
· Is there adequate parking to serve the Village needs and does the public understand that valet
parking is available to the general public and not just those who patronize certain businesses.
· The Heritage Preservation Commission was interested in surveying residents to find out how
interested they are in historic structures in the Village.
· Quantifying the number of wineries and tasting rooms in the village.
· Recognizing existing valet services and lack of outreach or understanding by residents that it is
free to the public and why this adds to the perception that “parking downtown is not working”.
58
· Understanding how noise produced from Village uses impacts nearby neighbors (e.g. Oak
Street).
· Understanding how uses impact traffic and parking demand in the village and what uses are
“appropriate” for the community.
· Desire to examine Employee Parking Program and how parking or code enforcement are related
to a possible program.
· Discussing the appropriateness of retaining the proposed turn-around at the end of Big Basin
Way as specified in the plan.
· Desire to understand the evolution of the CH-1 & CH-2 zoning designations versus the CV
designation.
· Desire to share the video of the Archives and Architecture walk of the Village at the Joint
HPC/PC event earlier in 2015.
· Comment that new architecture has not been well received in the Village since its adoption in
1988.
· Desire to see traffic changes in the Village area and comparison since 1988 adoption.
· Desire to see info about vacancy rates in the Village. An audience member responded that,
currently, there are only three vacancies in the Village.
· Desire to see info about how businesses are doing in the Village.
· Desire to see info about public’s behavior regarding types of business and what is supportable in
the Village.
Public Comments
After the Commissioners shared their thoughts for the Village Plan Update, the attendees were
encouraged to share their vision or questions about the Village Plan. The following were themes from
the public statements at the kickoff meeting:
· Parking & Traffic– Many attendees commented that there are not continuous lots throughout
the Village, and this can cause a parking deficit that may deter visitors. It was stated this could
be accomplished through eminent domain to make all parking lots public. The turnaround at the
end of Big Basin Way was also mentioned.
· Would like to see if there is a way to leverage West Valley College performances for the village.
· Concern about how the space or separation between buildings is used to promote pedestrian
friendly space or enhance the character of the village.
59
· Comment about existing building heights generally 1-2 stories but maximum height allowed is
35 feet.
· Desire to highlight good things in the village and celebrate its identity (e.g. America in Bloom
Award). Font on median banners is too small to read.
· Overall Goal for the Village – The idea was brought up that community should decide how it
wants to market the Village to the public and develop a “Mission Statement”. Attendees wanted
the community to have a concrete answer on how the Village should be used. Survey questions
regarding this topic were: How residents envision the Village?; How many hours do you spend in
the Village?; What do you do when you’re there?; How often would you like to be in the
Village?; Do we want the Village to attract more people or be a sleepy town center? There was a
comment that the City needs to be aware of other cities’ plans (e.g. Vallco) and how this may
impact the village.
· Catalyst to Meet – Along with the idea of pedestrian plazas, attendees expressed a need for a
meeting place. Those who spoke mentioned somewhere central and away from busy traffic to
protect small children.
· Public Safety Involvement- The commenter wanted to know if the Sheriff’s Office and Fire
Department would be involved in the Village Plan update to ensure all safety issues are
addressed.
· Land Uses – The attendees had ideas for different opportunities of stores to place in the Village
including more places for teens, a grocery store, hardware store, office space for early stage
tech companies, “browsable” retail, and affordable restaurants. The attendees did not want any
“big box” stores. There was also discussion that any new buildings in the Village should not block
the view of the hills. Attendees also had divergent views on the how to view the Village as some
want to stress that it’s mixed use so the Plan should be mindful of the Village residents. Others
discussed the need for the commercial elements of the Village to be more vibrant and attractive
to consumers. An attendee spoke of the need to build new structures that match with the
historic buildings.
· Trail Connections – Attendees were interested in increasing the walking paths and trails to parks
now that the Quarry Park is open to the public, especially along Saratoga Creek.
· Concerns of building heights disrupting views of the hills.
· Assess general growth of Silicon Valley and how that impacts the Village
Next Steps –Staff will present at the December 16thCity Council meeting to update City Council.
60
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Brian Babcock, Administrative Analyst I
SUBJECT: Spring 2016 Issue of The Saratogan
RECOMMENDED ACTION:
Provide direction to staff on the theme and distribution method of the Spring 2016 issue of The
Saratogan.
BACKGROUND:
The Saratogan, the City’s quarterly newsletter, is one of the methods the City uses to
communicate with residents and ensure the public has access to useful and important
information. The City has published a wide array of articles in previous issues ranging from
public safety articles to emergency preparedness tips to City project updates.
The Winter 2016 issue of The Saratogan was mailed to residents at the end of November and
presented articles under the theme of “Investing In Tomorrow.” The newsletter featured articles
about the City’s budget, including information on the City’s General Fund revenues and
expenditures, property tax distribution, and Capital Improvement Program projects. Secondary
articles included information on/about safety tips, upcoming community events, and an “Ask Our
Staff” section.
This last issue of The Saratogan was printed for the first time on the flipside of the Saratoga
Recreation Activity Guide, which was mailed to every home in Saratoga. Staff also dropped off
separate four-page printed copies of the newsletter to the Saratoga Library, Book-Go-Round,
Saratoga Chamber of Commerce, multiple coffee shops, and numerous newspaper racks. Copies
were also made available at City Hall. A PDF copy of the newsletter was posted on the City’s
website, emailed to subscribers through Constant Contact, shared on the City’s social media
pages (Nextdoor, Facebook, and Twitter), and uploaded on Slideshare, a content-sharing website.
Spring 2016 Theme
As directed by the Council during the September 16 Council meeting, staff surveyed the
community to find out what topics and themes residents are interested in reading about in The
Saratogan. Staff received feedback from 46 people. The public was given the ability to vote on a
variety of topics. The topics or themes residents indicated the most interest in included Public
61
Safety, particularly the Sheriff’s Office and Fire Department; Public Works, including street
resurfacing, park upgrades, and Capital Improvement Projects; and Community Events.
The public was also given the ability to give the City written feedback on ideas or topics they
wanted to see covered in the newsletter. Although residents requested information on a wide
variety of topics, the predominant subject of the comments came back to the idea of community.
Consequently, staff proposes the theme, “Creating Community.” If Council approves of the
theme, the newsletter could include the articles listed below.
Main article topics:
Upcoming community events
Information on creating a Neighborhood Watch Program
A profile on the Saratoga Library, a community gathering place
America in Bloom awards
Additional article topics:
Safety tip from the Sheriff’s Office
Ask Our Staff focusing on the new Dead Tree Permit Process
Email Campaign
On November 5, the City emailed the Winter 2016 issue of The Saratogan using Constant
Contact, an email service that the Recreation Department has used for years. The Saratogan was
emailed to more than 3,000 people and approximately 35% of those who received the email
opened it. That open rate is above the industry average. Since the first email was sent, almost 200
people have been added to the newsletter distribution list. Staff will continue promoting email
sign-ups for The Saratogan to grow readership. The Spring 2016 issue, and all subsequent
newsletters, will also be sent to the public through the City’s email distribution list.
A short URL was created—and only used on printed copies of the Winter issue of The
Saratogan—to track how many people went to sign up for the newsletter after reading the paper
copy. The analytics show that only one person did so. Since there is no measurable way to know
who is reading the paper copy of The Saratogan, staff is seeking direction to possibly omit the
newsletter from this next Recreation Activity Guide to test the community’s reaction. Separate,
stand-alone copies will still be printed
If the Council supports this idea, then the newsletter would be published in late February instead
of late January with the Saratoga Recreation Guide. This will allow staff the flexibility of adding
unanticipated topics of interest that might come up within the next couple of months. It would
also allow staff to better promote some of the more popular community events that happen in
March, such as the Blossom Festival and St. Paddy’s Day Party. This, in turn, would allow the
City to cover topics that residents expressed interest in.
ATTACHMENTS:
Attachment A: Winter 2016 Issue of The Saratogan
62
SAR ATOGANthe
Winter 2016
Saratoga was founded on the philosophy that City government should
be small and effi cient, yet provide essential services to its residents.
The City’s focus is to ensure public safety, maintain the City’s roads and
infrastructure, and proactively oversee development. These values have
held fi rm through the years and contributed toward making Saratoga the
beautiful, safe, and desirable community that residents enjoy calling home.
As the local economy has improved, increasing revenues have provided
the ability to address long-term liabilities and infrastructure needs. Each
year, the City dedicates funding to street resurfacing. This year, the City
was able to increase street resurfacing funding by almost 30%. Read more
about road and infrastructure improvements on Page 3.
Due in part to the strong economy and the City’s fi nancial prudence,
the Saratoga City Council paid down half of the City’s unfunded employee
pension liabilities. That decision is expected to save Saratoga millions of
dollars in future interest payments. Read more on this topic on Page 4.
Investing in Tomorrow
In This Issue
This issue of Saratoga’s
quarterly newsletter focuses
on the City’s budget and how
it affects residents’ daily lives, such as paying for public safety
services, as well as road and
infrastructure upgrades.
Also read about holiday
safety tips and upcoming
community events.
Be sure to check out the new
Recreation Activity Guide and
discover all the fun classes and
camps being offered through the Saratoga Recreation Department:
www.saratoga.ca.us/recreation.
Happy reading!
Many thefts are crimes of opportunity. Don’t make it easy for criminals. Never leave valuables in your car.
Keep track of crime in your area.
Visit www.crimereports.com.
Be notifi ed when emergencies
happen in your area. Sign up at
www.sccgov.org/sites/alertscc.
Quick Tip from
Capt. Rick
Like what you’rereading?Subscribe to The Saratogan
and have it sent automatically
to your email account.
Visit:
http://goo.gl/XXqAiA
63
Saratoga’s Budget at a Glance
Sheri’s Services
26.7%
Salaries & Benets
37.7%
Operational
Support
13.2%
Consultant &
Contract Services
12.0%
Community Grants
& Events
1.2%
Meetings, Events
& Training
0.7%
Fees & Charges
4.2%
Materials & Supplies
1.5%
General Fund Expenditures: $18.5 Million
Net of transfers
UAL
3.7%
Saratoga’s General Fund budget provides for the City’s primary operations. Revenues—including taxes,
building permits, development fees, and facility rental fees—are used to deliver City services. The charts
below represent the FY 2015/16 revenue and expenditure budgets by category.
Sales
Tax
5.5%
Franchise
Fees
11.4%
Property Tax
54.6%
General Fund Revenue Sources: $19.2 Million
Fees, Licenses
& Permits
7.7%
Charge For
Services
9.6%
Local Taxes,
Interest & Rentals
11.2%
Net of transfers
Property Tax is Saratoga’s largest revenue source. However, Saratoga is a “low tax” city, meaning it receives
the minimum allocation allowed by State law. Due to this low-tax status, City services are limited. Saratoga
operates with a small staff and many functions are delivered by contract. As the below illustration shows, the
City receives just slightly more than a nickel out of every Property Tax dollar residents pay.
Good News Alert!
Due to special legislation 30 years ago, Saratoga and
three other West Valley
cities did not receive
their full Property Tax
allocation. Senate Bill
107, passed in September
2015, eliminated this
discrepancy. The property
tax takeaway will be eliminated over a fi ve-
year phase-in period,
with Saratoga eventually
receiving an additional
$650,000 per year.Schools (Includes ERAF Shift)65.0%
Santa Clara
County
13.0%
FireDistrict
10.2%
OtherSpecial
Districts
4.7%
City ofSaratoga5.5%Saratoga Property Tax Distribution
*Agency distribution varies by property tax district
SantaClaraValleyWater
District
1.6%
64
Infrastructure Improvements
The City of Saratoga has an ongoing process through which it identifies, prioritizes, and develops a multi-
year plan for major capital projects. “Capital Improvement Plan” projects enhance the quality of life in
Saratoga by upgrading the City’s roadways, parks, facilities, and other infrastructure. These projects are
approved by the City Council during the budget process and many are funded through grants.
Turf Reduction
Program
Ongoing
The City’s Public Works Department implemented a turf
reduction program in 2007. Since then approximately 140,000
square feet of grass has been pulled from Saratoga’s parks and
replaced with drought tolerant plants. The City has identified
about 1.5 acres of additional grass area at six parks and three
City-owned facilities that will be converted to drought tolerant
landscape. This is expected to be completed by the end of 2016.
Prospect Road
Improvement
Project
Construction
Begins:
Summer 2016
This project will occur along a 1.9-mile section of Prospect Road
between Saratoga-Sunnyvale Road and Lawrence Expressway.
Upgrades include median landscaping, ADA-compliant ramps,
sidewalks, bus shelters, and bicycle detector loops. About 88%
of this $4.75 million project will be paid for through grant
funding.
Quito Road
Bridges Project
Construction
Begins:
Summer 2016
This project will replace two bridges on Quito Road that pass over
San Tomas Creek along the border of Saratoga and Los Gatos.
The 100-year-old bridges no longer meet safety standards.
The $4.9 million project will be mostly funded through a $4.1
million Federal Government Bridge Replacement Grant with
allocated grant match contributions from Saratoga, Los Gatos,
and Santa Clara Valley Water District.
Highway 9 Safety
Improvement
Project - Phase IV
Construction
Begins:
Summer 2016
Phase IV will continue bicycle and pedestrian safety
improvements along Highway 9 from Saratoga to Los Gatos.
During this phase, pedestrian pathways, retaining walls,
and pedestrian safety improvements will be constructed
from Fruitvale Avenue in Saratoga to Grand View Avenue in
Monte Sereno.
Street Resurfacing
and Maintenance
Project
Ongoing
There is a total of 135 miles of roadway in the City of Saratoga.
Resurfacing streets on a regular basis extends the life of
roadways and minimizes the need for larger and more costly
maintenance in the future. Grants help resurface major
arterials while the City relies on Gas Tax Revenue to pay for
resurfacing residential streets. Street resurfacing funding has
been increased this year by 30%.
Quarry Park
Master Plan
Implementation -
Phase I
Completed!
The City opened up the 64-acre park to the public in October
2015. Phase I included initial improvements to the property,
such as a gravel parking lot, clearing paths to connect
with mid-level picnic areas, restrooms, gates, and signage.
For more information on Saratoga Quarry Park, visit
www.saratoga.ca.us/quarrypark.
For more detailed information on these and other projects, visit www.saratoga.ca.us/currentprojects.
65
To learn more about The Saratogan, make comments, suggest story ideas, or just ask a question,
contact Brian Babcock at bbabcock@saratoga.ca.us or 408.868.1275. You can also find The Saratogan
online and sign up for email alerts at http://goo.gl/XXqAiA.
C I T Y o f S ARATO
G
A
CALIFO R N I A1956
Upcoming Community
Events The holidays unfortunately coincide with an
increase in property crimes. So the Santa Clara
County Sheriff’s Office would like to offer some
security tips to help keep your holidays jolly:
• Holiday Shopping – Criminals will wait in parking
lots for shoppers to drop off their purchases in their cars
and then continue shopping. This leaves vehicles more
susceptible to burglary. A better choice would be to
drop off items at home. If you cannot do that, consider
moving your car to another section of the parking lot.
• Protecting Your Wallet – While in stores, be
careful with your credit cards and carry only those
you intend to use. When using an ATM, safeguard
your PIN numbers and be aware of your surroundings.
Many criminals will look over your shoulder to
obtain your information; and some ATM machines
do not automatically exit your account. Make sure
your transactions are complete before you leave.
• Online Orders – For those who shop online,
most package deliveries are placed on your porch,
which is fine if someone is home. If not, your parcels
may be taken by a burglar. Some criminals have been
known to follow delivery trucks to pick and choose
targeted homes. Having someone there, perhaps even
a neighbor, to accept your packages is ideal. If no one
is available, consider having it delivered elsewhere,
such as a shipping center or your workplace.
Holiday Tree Lighting
and Wine Stroll
Friday, Nov. 27, at 5 p.m.
Big Basin Way
www.saratoga.ca.us
Silicon Valley Turkey Trot
Thursday, Nov. 26
Downtown San Jose
svturkeytrot.com
Holiday Safety Tips
Swearing In of New Mayor
and Vice Mayor
Wednesday, Dec. 2, 7 p.m.
Saratoga Civic Theater
Ask Our Staff featuring Mary Furey
Have a question? Send your question(s) to bbabcock@saratoga.ca.us or (408) 868-1275.
Q: I’ve read that cities throughout California are facing dire financial trouble because of rising pension costs. How will this affect the City of Saratoga?
A: Pension costs are increasing, primarily due to the underfunding of benefits in prior years. Underfunding resulted from CalPERS revising expectations for long-term investment returns, losses from the Great Recession, and demographic assumption changes. Employers must now pay for unfunded pension obligations in addition to current pension costs.
Saratoga’s City Council prudently chose to pay off almost half of the unfunded obligation immediately. The Council also decided to increase annual payment amounts to reduce the overall cost of the liability, which is similar to paying off high-interest credit cards as soon as possible. This strategy is expected to save the City approximately $7.3 million dollars (a 62% reduction in cost) and has helped to ensure Saratoga’s future fiscal stability.
For more information on this topic, read the City Manager’s letter in the Fiscal Year 2015/16 budget at www.saratoga.ca.us/budget.
Mary Furey is the Finance and Administrative Services Director for the City of Saratoga. She is
responsible for overseeing Finance, Human Resources, and Information Technology.
&Q A
66
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Brian Babcock, Administrative Analyst I
SUBJECT: Fiscal Year 2016/17 Community Event Grant Program and Street Closure
Grant Allocations
RECOMMENDED ACTION:
Approve the recommendations of the Council Finance Committee for FY 2016/17:
1. Allocate $35,000 for the Community Event Grant Program.
2. Allocate $30,000 for two street closures.
BACKGROUND:
Community Event Grant Program
The City Council developed the Community Event Grant Program to assist local, volunteer-run
events that help build a sense of community in Saratoga. Last year, the Council allocated
$25,000 to the program but granted $34,195 to 15 events for Fiscal Year 2015/16. The Council
Finance Committee recommended the Council allocate $35,000 to the Program for FY 2016/17.
A three-year history of the Community Event Grant Program funding allocations is provided as
Attachment A.
The application process staff has used for the past few years gives the organizers approximately
six weeks to prepare and turn in their applications. The applications are then brought to the
Council for consideration and decision.
The proposed timeline is below:
Date Milestone
January 19, 2016 Announce Community Event Grant Program: Release the application and
application requirements for interested event organizers. This will include
information on the City website and communications to past applicants.
March 1, 2016 Application Deadline: Applications for the Community Event Grant
Program will be due to the City Manager’s Office by 5 p.m.
March 16, 2016 Council Decision: Staff will bring forward Community Event Grant
Program applications for Council consideration and decision. Event
organizers will be asked to attend the meeting to answer Council questions.
Street Closure Grant Funding
67
Since Fiscal Year 2014/15, the City Council has budgeted $10,000 annually to help a local group
pay for the cost of closing down Big Basin Way for a community event. A separate application
was created for this Street Closure Grant, but follows the same noticing and timeline guidelines
as the Community Event Grant Program.
The 2015/16 Street Closure Grant was awarded to the Saratoga Chamber of Commerce’s Classic
Car Show, which was held on July 19, 2015 along Big Basin Way. The event was a success but
the $10,000 was not enough to cover public safety personnel cost. Staff recommended to the
Finance Committee an allocation of $20,000 for future street closures which the Committee
accepted. If the Chamber is awarded the grant for next year’s Classic Car Show, the public
safety costs should be less given how well the event was run.
The Finance Committee also directed staff to provide a cost estimate for a partial-day closure of
Big Basin Way as a group of community volunteers may organize a parade to celebrate
Saratoga’s 60th anniversary. Staff recommends budgeting $10,000 to support such an event if
one is organized by volunteers.
ATTACHMENTS:
Attachment A: History of Community Event Allocations
68
HISTORY OF COMMUNITY EVENT ALLOCATIONS SINCE FISCAL YEAR 2013/14
EVENT 2013/14 2014/15 2015/16
Blossom Festival (Mustard Faire) $4,600 $4,500 $4,600
Bollywood Street Dance - Sponsored by SVDC $1,300 $1,200 $1,500
Celebrating Service – Assistance League $520
Chamber of Commerce Holiday Wine Stroll and Open House $2,518 $3,100 $4,000
Chinese Mid-Autumn Festival $350
Classic Car Show $4,000
Foodie on the Run (Gateway Celebration) $1,440 $3,000
Fourth of July Celebration $1,984 $1,900 $2,670
Hansel and Gretel – Bay Shore Lyric Opera Company $940
Library - Heart of the Community (Saratoga Library 10th Anniversary) $1,380 $2,800
Memorial Day Observance $750 $900 $1,000
Montalvo Arts Center – Arts Splash $3,000 $2,000 $3,500
Odd Fellows Easter Event $200 $600
Opera at Wildwood – Bay Shore Lyric Opera Company $380 $800 $1,750
Saratoga Community Band Concert in the Park $325 $600 $725
Saratoga Grammar School Reunion $118 $1,000
Saratoga Sister City 30th Anniversary Open House $618
SASCC Health and Wellness Fair – Saratoga Trails 5K Walk $2,380 $3,600 $5,000
St. Paddy’s Day Celebration $500
TOTAL $22,253 $21,600 $34,195
Year Events Requests Allocation Council Grant
2013/14 15 $ 52,975 $ 20,000 $ 22,253
2014/15 11 $ 32,385 $ 20,000 $ 21,600
2015/16 15 $ 34,195 $ 25,000 $ 34,195
69
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Mary Furey, Administrative Services Director
SUBJECT: BAAQMD’s Grant Funding for Plug-In Electric Vehicle Stations
RECOMMENDED ACTION:
1. Authorize the City Manager or designee to apply for and accept TFCA Electric Vehicle Charging
Station Demonstration Project Program and/or Chase! Program grant funds from the Bay Area Air
Quality Management District (BAAQMD) for the purpose of installing a DC Fast Charger Plug-In
Electric Vehicle Charging Station in the Saratoga Library parking lot, and
2. Direct staff to implement the Plug-In Electric Vehicle Station project if grant is awarded, and
3. Authorize Budget Adjustment to augment the current CIP Electric Vehicle Station project budget.
BACKGROUND:
The Bay Area Air Quality Management District (BAAQMD) is a regional air pollution control agency for
the nine bay area counties. As part of the agency’s duties, the District’s Clean Air Plan delivers programs
to reduce air pollution through “any strategy to reduce vehicle trips, vehicle use, vehicle miles traveled,
vehicle idling, or traffic congestion for the purpose of reducing motor vehicle emissions.”
The BAAQMD views plug-in electric vehicles (PEVs) as a promising technology for reducing tailpipe
emissions, thus helping the region achieve local, State, and Federal criteria pollutant and greenhouse gas
(GHG) emission reduction targets. To this end, the Air District’s EV Demonstration and Charge! Programs
are designed to provide grant funding to eligible entities to help expand the Bay Area’s network of EV
charging stations so as to accelerate the adoption of PEVs in the region. Grantees of the program will
install, operate, and maintain the charging stations. In addition, as a condition of the grant funding, the
entities are required to collect and report operational data and electricity delivered.
REPORT SUMMARY:
Currently, the City has two dual head EV Stations at City Hall, two single head stations in the Village, and
one dual head stations in the Saratoga Library Parking Lot (for a total of eight charging stations). The
current EV stations are slower charging Level 2 pumps that were installed in 2012. At the November 18th
City Council meeting, Council Members Kumar and Miller nominated installing high speed electric vehicle
charging stations to the downtown or Library parking lot as a CIP Candidate project for the FY 2016/17
CIP Budget. In addition, the current FY 2015/16 Capital Program Budget has $25,000 already appropriated
for this purpose.
70
Therefore, when staff very recently learned of two separate but similar grant funding opportunities that
BAAQMD is offering, it appeared advantageous to pursue these opportunities immediately. Both grant
programs are funded through the Transportation Fund for Clean Air (TFCA) Regional Fund which provides
grants to improve air quality within the nine-county Bay Area.
The first grant is known as the Electric Vehicle Charging Station Demonstration Projects Program. This is
a competitive grant program that will fund four to five Plug-In Electric Vehicle (PEV) Charging Station
public agency projects covering up to 90% of the cost of the project. Allowable costs include both charging
equipment and installation costs. The maximum grant award is $75,000 for a dual head Fast Charger PEV
station. These dual head stations will charge both CHAdeMO and CCS combo connectors.
The second grant program is the Charge! Program which will reimburse both public and non-public entities
up to a maximum of $25,000 for a dual head Fast Charging PEV Station. This amount is about $10,000
less than the cost of the equipment, so a portion of the equipment, installation, and any contingency costs
would not be covered. However, this grant program is non-competitive and on a first-come, first served
basis.
Staff’s preference is to obtain funding from the 90% reimbursable EV Demonstration Projects Program
grant as it will fund the majority of the cost. However, as the EV Demonstration Project Program is
competitive, staff deems it prudent to submit applications to both programs if Council wishes to pursue
grant funding at this time.
Grant applications are due by December 18th for the EV Demonstration Project grant, and January 15th for
the Charge! Program grant. Both require a City Council resolution authorizing staff to submit the grant
application and proceed with project implementation. A cost estimate for a Fast Charging PEV project is
also required, however due to the late notice of the grants availability, the estimate could not be obtained
in time for the Council agenda packet. A supplemental attachment with both the cost estimate and a budget
resolution to appropriate the amount needed above the $25,000 currently appropriated in the CIP Budget
will be provided to Council and uploaded to the online Agenda Manager prior to the Wednesday night City
Council meeting.
Both grants are distributed on a reimbursement basis. Up to 85% of the funds awarded will be reimbursed
after the charging station is placed into service and up to 15% (the withheld amount) will be reimbursed
after all of the project requirements have been satisfied. Operational and reporting requirements means the
remaining 15% reimbursement will not occur until at least three (3) years after installation. Grant applicants
must demonstrate that they have adequate funds to cover all stages of their proposed project(s) from
commencement through the end of the project’s life, therefore a budget adjustment resolution to fund the
amount required above the $25,000 currently appropriated is required even though a portion of the funding
will eventually be reimbursed.
Grant recipients must comply with all of the following program requirements:
1. Operate each charging station for a minimum of three (3) years.
2. Maintain charging station properly and guarantee that the stations are accessible and serviceable
for 90 percent of the days during each calendar year.
3. Allow Air District representatives to inspect charging station locations and equipment at all times
during the project life.
4. Prepare and maintain all necessary project records to document project activities and performance
to support the Program reporting requirements.
5. Monitor and report on the project’s status and electricity dispensed during the implementation and
operation phases until after the minimum usage requirement has been satisfied and the station has
been operated for a minimum of three (3) years.
6. Allow Air District representatives to conduct financial audits and make all records relating to
project performance and expenses incurred in the implementation of the project available.
7. Acknowledge the Air District as a project funding source at all times during the project life.
71
8. Install, maintain, and operate the funded equipment in accordance with all applicable state, federal
and local laws and regulations including compliance with all applicable requirements including
ADA compliance.
9. Allow the Air District to compile reported usage information about the project that will be made
publicly available.
In addition to the initial project costs, electric vehicle charging stations incur operational and maintenance
costs. The Level 2 station head costs almost $500 per year ($1,000 for dual heads). It is anticipated that
Fast Charger EV charging stations may cost slightly more. With the advantage of using solar power at the
Library stations, the current charging fees are covering operational and maintenance costs. However, fees
may need to be raised to cover upcoming repair and replacement costs. Consequently fee structures and
amounts for Level 2 and Fast Charger EV stations will be reviewed in more depth and any proposed changes
will be presented as part of next year’s fee schedule update.
The BAAQMD grants provide an opportunity to enhance the City’s efforts to reduce air pollution and
expand the electric charging station network during this fiscal year, however Council may decide to follow
the normal CIP Candidate process, thereby directing staff to not submit the grant applications and delay the
Fast Charger EV Station funding request to the CIP discussion at the Council Retreat scheduled for
February 5th, 2016.
ALTERNATE ACTION:
Staff to bring a request for additional funding for the Fast Charger Electric Vehicle Station project to the
FY 2016/17 Proposed CIP Project discussion at the Council retreat, and pursue grant funding at a later date
if available.
72
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR AND ACCEPTANCE OF
FY 2015/16 TRANSPORTATION FUND FOR CLEAR AIR (TFCA) GRANT FUNDING
DISTRIBUTED BY THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT (BAAQMD)
FOR PLUG-IN ELECTRIC VEHICLE (PEV) CHARGING STATIONS
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT
AND SUBSEQUENT CONSTRUCTION CONTRACT
WHEREAS, the Bay Area Air Quality Management District (BAAQMD) is the regional program
manager for distributing Transportation Funds for Clean Air (TFCA) funding programs; and
WHEREAS, the TFCA Funds grant program is intended to fund programs through eligible trip
reduction and alternative fuel vehicle-based projects that reduce tailpipe criteria emissions for on-road
mobile sources; and
WHEREAS, the BAAQMD’s EV Demonstration Project and Charge! TFCA funded grant
programs align with and support the installation and use of high speed electric vehicle charging station
efforts the City of Saratoga is currently developing; and
WHEREAS, the City Council of the City of Saratoga acknowledges the TFCA grant funding will
both enhance and increase the current alternative fuel vehicle network through the installation of a Fact
Charge EV Stations; and
WHEREAS, the City of Saratoga propose to use grant funding to install Fast Charging EV Stations
at the Saratoga Library parking lot, a destination location which meets a location requirement of the grant
program; and
WHEREAS, if awarded, the BAAQMD will allocate and administer a grant from the TFCA
Program Manager Fund to the City of Saratoga for fiscal year 2015/16; and
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Saratoga does hereby
find, determine, and resolve as follows:
1. Acknowledges the TFCA grant agreement provides funding on a reimbursement basis, with up to
85% of the awarded funds reimbursed after the project charging station has been placed into service,
and the remaining 15% reimbursed if, and after, all of the project requirements have been satisfied.
2. Authorizes the City Manager to apply for, and if awarded accept grant funds and execute the TFCA
Fund grant agreement with BAAQMD and all other administrative actions as may be necessary to
implement the provisions of the agreement on behalf of the City to obtain funding for Plug-In
Vehicle Charging Stations.
3. Authorizes the City Manager to enter into and execute a construction contract on behalf of the City
in conformance with the City’s procurement policy, to implement the installation of the Plug-In
Vehicle Charging Stations.
The above and foregoing resolution was PASSED AND ADOPTED by the Saratoga City Council at a
regular open meeting held on the 16th day of December, 2015, by the following vote:
73
AYES:
NAYES:
ABSTAIN:
ABSENT:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
74
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT: 2016 Hazardous Vegetation Program Commencement Resolution
RECOMMENDED ACTION:
Approve resolution declaring hazardous vegetation (weeds) as a public nuisance and setting a
public hearing on January 20, 2016 to consider objections to the Abatement List.
BACKGROUND:
The purpose of the Santa Clara County Department of Agriculture Weed Abatement Program is
to prevent fire hazards posed by vegetative growth and the accumulation of combustible
materials. The County Department of Agriculture provides weed abatement services to a number
of cities in the County, including Saratoga.
The attached resolution represents the first step in Saratoga’s Hazardous Vegetation Abatement
Program process. Parcels throughout the City that represent a potential hazard due to weeds or
combustible debris have been added to an Abatement Program list maintained by the County.
The attached resolution declares the vegetation or debris on these properties in Saratoga as being
a potential hazard and public nuisance.
If the attached resolution is approved, property owners on the Abatement List will receive a
notice from the County indicating that their property has been identified as a potential fire hazard
and public nuisances on their property must be abated by removal of any hazardous vegetation or
combustible debris. Additionally, the attached resolution indicates that the City of Saratoga will
hold a public hearing at the January 20, 2016 City Council Meeting where objections to the
proposed nuisance abatement can be heard and given due consideration.
During the public hearing on January 20, 2016, the Council will be asked to approve the Weed
Abatement Program. If approved, the County will be authorized to perform an inspection of
properties on the Abatement List to determine if the property has met Weed Abatement Program
requirements. Property owners will have until April 15 to abate their property.
75
Weed Abatement Program Fees
The County’s Weed Abatement Program was designed to fully recover program costs through
fees charged to owners of properties on the Abatement List. At the November 17, 2015 Santa
Clara County Board of Supervisors Meeting, the Board approved increases to Weed Abatement
Program fees to ensure that the program remains solvent. These fees and changes are described
below:
Fee Previous Amount New Amount
Initial Inspection Fee
Charged annually to all parcels on the Abatement List.
The fee recovers costs associated with data entry, file
preparation, noticing, boundary determination, and
overhead. Parcels are removed from the Weed
Abatement Program after three consecutive years of
compliance with weed abatement and fire standards.
$41 $55
Failed Second Inspection Fee
Charged for parcels that fail the second inspection or
the annual compliance inspection, if the property is
already on the Weed Abatement List.
$250 $440
Contract Work Fee
Charged to parcels where abatement work is
performed by the County contractor. This fee is in
addition to the contractor’s costs to abate weeds,
which is charged directly to the property owner.
$169 $335
Traditionally, there has been no cost to the City of Saratoga associated with the Weed Abatement
Program. However, the County may seek out additional funds from participating cities in the
County in Fiscal Year 2016/17. The County is anticipating that there will be a $249,300 deficit in
the Weed Abatement Program budget in Fiscal year 2015/16. Assuming that compliance rates
remain consistent, the increased Weed Abatement Program fees are expected to cover projected
deficits. However, the County is expecting greater levels of compliance and therefore reduced
fee revenues. Should the County seek additional funding from participating cities, it would occur
during the Fiscal Year 2016/17 budget. The County currently expects that Saratoga will be asked
to contribute $16,000 for FY 2016/17. In subsequent years, participating cities will be asked to
provide funding to bridge the gap between program costs and fees recovered through the
program. The amount charged to participating cities will vary based on number of properties on
the Abatement List and compliance rates. County representatives will be meeting with the City
Managers of participating cities to discuss this proposal before it is taken to the Board of
Supervisors for approval.
FOLLOW UP ACTION(S):
Prior to abatement, property owners on the Abatement List will receive three notices informing
them that the hazardous vegetation on their property must be abated by the owner or by the
County. The notices inform the property owner that the County abatement will commence if
work is not performed by the property owner. Additionally, the first two notices inform the
76
property owner that objections to properties on the Abatement List can be made at the public
hearing scheduled for January 20, 2016. The public hearing will also be noticed in the Saratoga
News.
ATTACHMENTS:
Attachment A - Resolution Declaring Hazardous Vegetation (Weeds) as a Public Nuisance and
Setting Public Hearing Date
Attachment B - 2016 Abatement List/Commencement Report
Attachment C - Sample Materials Mailed to Properties on Commencement Report
77
RESOLUTION 15-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING HAZARDOUS VEGETATION (WEEDS) TO BE A PUBLIC NUISANCE
AND SETTING A PUBLIC HEARING DATE TO CONSIDER
DECLARATION AS TO SPECIFIC PROPERTIES ON JANUARY 20, 2016
WHEREAS, hazardous vegetation, including weeds and brush, is growing in the City of
Saratoga upon certain streets, sidewalks, highways, roads, and private property; and
WHEREAS, the weeds, brush, and rubbish create a fire hazard and/or health; and
WHEREAS, said weeds, brush, and rubbish constitute a public nuisance;
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the
following:
1. That weeds, brush, and/or rubbish that create a fire hazard and/or health hazard are a
public nuisance;
2. That the nuisance exists or recurs upon the streets, sidewalks, highways, roads, and
private property, noted by common name or by reference to the tract, block, lot, code
area, and parcel number, on a report prepared by and on file in the Office of the County
Fire Marshal and/or the County Agricultural Commissioner;
3. That notice of the Public Hearing, described in paragraph 4 below at which the City
Council will consider declaring a public nuisance as to specific properties, is herby
ordered to be given to the owners of those specific properties identified in the report
noted in paragraph 2 above;
4. That it is ordered that Wednesday, the 20th day of January 2016, during a Public Hearing
at the regular meeting of the Saratoga City Council that will begin at 7:00 p.m. in the
Saratoga Civic Theater located at 13777 Fruitvale Avenue in Saratoga, is hereby fixed as
the time and place where objections to the proposed Declaration of Nuisance as to
Specific Properties requiring destruction and removal of hazardous vegetation (weeds)
shall be heard and given due consideration;
5. That the County Fire Marshal and/or the County Agricultural Commissioner is hereby
designated as the person to cause notice to be given in the manner and form provided in
Article 15, Chapter 7 of the Saratoga City Code, and as the person to hereafter cause
abatement of the seasonal and recurring hazardous vegetation (weed) nuisance described
above.
78
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16th day of December 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
79
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84
(over)
TRA 15
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 16, 2015, pursuant to Article II of Chapter 6 of the
Saratoga City Code, the City Council passed a resolution declaring that weeds, rubbish, refuse,
obstructions or other dangerous materials as hereafter described, existing upon your property, or
upon the adjacent street, constitutes a public nuisance, which must be abated by the removal and
destruction thereof.
NOTICE IS FURTHER GIVEN that property owners shall, without delay, remove and destroy all
such weeds or brush or rubbish or other materials from their property and the abutting one-half of
the street in front and alleys, if any, behinds such property and between the lot lines thereof as
extended, or in front of which, said weeds are removed and such cost will constitute a lien upon such
lots or lands until paid and will be collected upon the next tax roll upon which general municipal
taxes are collected. All property owners having any objection to the proposed nuisance abatement
are hereby notified to attend a meeting of the City Council, Council Chambers of City Hall at 13777
Fruitvale Ave., Saratoga, California, to be held on Wednesday, January 20, 2016, at 7:00 p.m., or
as soon thereafter as the matter can be heard, when their objections will be heard and given due
consideration.
The language and format for this notice is required by California Health and Safety Code Sections
14891 Et. Seq.
85
(over)
SARATOGA WEED ABATEMENT PROGRAM SCHEDULE
January 20, 2016 Commencement hearing to consider objections to abatement list.
April 15, 2016 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date
or an Inspector will order abatement.
July/August 2016 Assessment Hearing to protest abatement charges.
2016 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of
$55.00 per parcel.
Please be advised that the property owner of any parcel found to be non-compliant on or after
the April 15th deadline will be charged an inspection fee of $440.00 and the property will be
scheduled for abatement by the County contractor. If you complete the abatement work
before the County contractor performs the abatement, you will not incur further charges.
Should the abatement work be performed by a County contractor, you will be assessed the
contractor’s charges plus a County administrative fee of $335.00 per parcel.
2016 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $202.86 $136.00 $338.86
12,501sq.ft.- 43,560sq.ft. $235.72 $170.00 $405.72
Larger than 1 Acre $100.87 $89.53 $190.40 (PER ACRE)
** It is required that parcels be disced twice a year. The cost for the first discing is higher due to
additional work normally required during the first discing.
B) HANDWORK $3.28 PER 100 sqft
C) FLAIL 6 Foot Mower $2.28 PER 1000 sqft
MOWING 12 Foot Mower $2.05 PER 1000 sqft
D) LOADER WORK $110.50 PER HOUR
E) DUMP TRUCK $102.00 PER HOUR
F) BRUSH WORK $3.28 PER 100 sqft
G) Debris removal $38.86 PER 1000sqft
G) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge.
*Please note this program does not offer herbicide application as a method of abatement.
86
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT: Commission Qualifications and Terms Expiring in 2016
RECOMMENDED ACTION:
Accept the list of Commission qualifications and terms expiring in the 2016 calendar year.
BACKGROUND:
As required by the Maddy Act (Government Code Section 54970-54974) and as stated in
Municipal Code Section 2-12.010(f), “on or before December 31 of each year, the City Clerk shall
prepare and the City Council shall adopt a list of all Commissions containing the following
information:
1. A list of the qualifications necessary for each Commissioner position; and
2. A list of all Commissioner terms which will expire during the next calendar year, including
the name of the incumbent Commissioner, the date of appointment, the date the term
expires and the qualifications necessary for the position.
This list shall be made available to the public and shall be posted in the office of the City Clerk
and at the Saratoga Library.”
Qualifications for Service on a Commission:
With the exception of the Youth Commission and one member of the Library Commission,
Saratoga Commissioners are required to be residents of Saratoga and a registered voter in the City
of Saratoga. One member of the Library Commission must be a resident of Monte Sereno and
Youth Commissioners are not required to be registered voters. Additionally, each Commission
applicant must attend at least one meeting of the Commission he or she is applying to before being
interviewed by the City Council. Commissioners may not hold an elected public office and cannot
be employed by the City of Saratoga.
Most Commission terms are 4 years and Commissioners are limited to two full consecutive terms
on a single Commission. Partial terms are not considered full terms. Youth Commission terms,
however, are 2 years and Youth Commissioners appointed after April 6, 2011 may not serve
consecutive terms.
87
Special qualifications for service on the City’s Commissions are noted below.
Commission Special Qualifications
Heritage Preservation
Commission
- One member to be nominated by the Saratoga Historical
Foundation.
- Two members must be trained and experienced in the field of
construction and structural rehabilitation, such as a licensed
architect, engineer, contractor, or urban planner.
Library Commission - One member is nominated by the City of Monte Sereno.
Parks and Recreation
Commission
- No special qualifications.
Planning Commission - No special qualifications, however, members must be able to
attend regular meetings that are held on the 2nd and 4th
Wednesday of the month at 7:00 p.m. in the Civic Theater, site
visits held the day before public hearings, Commission study
sessions, and City Council meetings when necessary.
Traffic Safety
Commission
- No special qualifications.
Youth Commission - Members must be a resident of Saratoga in grades 7-12.
Terms Expiring in 2016
In total, there are 12 Commissioners ending their terms in 2016. These Commissioners are noted
below.
Term End Commissioner Commission Reappointment Special Qualifications
3/31/2016 Leonard Almalech Planning Yes
7/1/2016 Roshan Verma Youth No
7/1/2016 Alexis Weisend Youth No
7/1/2016 Malika Singh Youth No
7/1/2016 Mitali Shanbhag Youth No
7/1/2016 Nupur Maheshwari Youth No
7/1/2016 Daniel Eem Youth No
9/30/2016 Robert Gulino Library Yes
9/30/2016 Terence Ward Parks & Rec. Yes
12/31/2016 Paul Conrado Heritage Pres. Yes Arch./Bldg. Professional
12/31/2016 Alexandra Nugent Heritage Pres. Yes Historical Foundation Rep.
12/31/2016 EJ Tim Harris Traffic Safety Yes
Additionally, the City is currently conducting recruitments for vacant positions on several City
Commissions (listed below) and is planning to open a recruitment for a partial term on the Library
Commission (ending Sept. 30, 2017).
Library Commission
- 1 partial term, ending Sept. 30, 2018
- 1 full term, ending Sept. 30, 2019
Traffic Safety Commission:
- 1 partial term, ending Dec. 31, 2017
88
Commission Attendance & Purpose
In addition to providing information about special qualifications and expiring terms in calendar
year 2016, staff also provides the City Council with information about Commissioner attendance
at regular meetings and the purpose or powers of Commissions as provided in Council
Resolutions or the City Code (Attachment A). If a Commissioner is absent from three regular
meetings in a 12-month period without permission from the Chair (or in the case of the Chair, the
Mayor), the Commissioner’s office becomes vacant. The Commissioner may request that the
vacancy be excused by filing a letter with the City Clerk within 30-days of the effective date of
vacancy. Any Youth Commissioner who misses two meetings within a school year will be
automatically removed from the Commission, unless the absence is approved by the City
Council.
Attachment B includes the tentative schedule of Commission recruitments for 2016.
ATTACHMENTS:
Attachment A – Current Membership, Attendance, and Purpose for Saratoga Commissions
Attachment B – 2016 Tentative Commission Recruitment Schedule
89
HERITAGE PRESERVATION COMMISSION
CURRENT MEMBERSHIP & ATTENDANCE INFORMATION
Name
Term
Ending
Elig. for
Reappointment Other
Regular Meeting Absences
Calendar Year 2015
Paul Conrado 12/31/16 Yes Architectural/Building Professional
Alexandra Nugent 12/31/16 Yes Historical Foundation Representative 7/14/15 (excused)
Larry Schuck 12/31/17 Yes Architectural/Building Professional 5/12/15 (excused)
Annette Stransky 12/31/17 Yes
Paula Cappello 12/31/18 No 9/8/15 (excused)
Rina Shah 12/31/18 Yes Architectural/Building Professional 10/13/15 (excused)
Marilyn Marchetti 12/31/19 No 12/8/2015 (excused)
CITY CODE 13-10.050 – POWERS AND DUTIES
The Heritage Commission shall be advisory only to the City Council, the Planning Commission and the agencies and
departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the
purposes of this Chapter. The Heritage Commission shall have the following powers and duties:
(a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for
the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource
Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The
Inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning
Department.
(b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or
historic district.
(c) Recommend to the appropriate City agencies or departments projects and action programs for the recognition,
conservation, enhancement and use of the City's heritage resources, including standards to be followed with
respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such
resources.
(d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to
heritage resources.
(e) Review and comment upon all applications for building, demolition, grading or tree removal permits involving
work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all
applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design
review or other approval pertaining to or significantly affecting any heritage resource. The Commission’s
comments shall be forwarded to the City agency or department processing the application within thirty days
after receiving the request for such comments.
(f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding
sources or programs for the rehabilitation and preservation of heritage resources.
(g) Cooperate with county, state and federal governments and with private organizations in the pursuit of the
objectives of heritage conservation.
(h) Upon the request of a property owner or occupant and at the discretion of the Heritage Commission, render
advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of
any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any
property.
(i) Participate in, promote and conduct public information and educational programs pertaining to heritage
resources.
(j) Perform such other functions as may be delegated to it by resolution or motion of the City Council.
90
LIBRARY COMMISSION
CURRENT MEMBERSHIP & ATTENDANCE INFORMATION
Name Term Ending
Elig. for
Reappointment Other
Regular Meeting Absences
Calendar Year 2015
Robert Gulino 9/30/16 Yes 2/25/15 (unexcused)
Claire Campodonico 9/30/17 Yes Monte Sereno Representative 8/26/15 (unexcused)
Vacant 9/30/17 Yes
Vacant 9/30/18
Vacant 9/30/19
RESOLUTION NO. 2031 – BASIC RESPONSIBILITIES & DUTIES
BASIC RESPONSIBILITIES
The Library Commission shall serve as a senior advisory and liaison body. Its basic responsibilities shall include the
following:
1. Provide counsel and recommendations on Library policies, budgets, plans and procedures to the Saratoga City
Council, the City staff, the Santa Clara County Library staff, and the Saratoga Library Supervisor.
2. Identify and bring to the attention of the City Council, the City staff, the Santa Clara County Library staff, and the
Saratoga Library Supervisor (as appropriate) present and prospective issues and questions relating to Library
operation.
3. Participate, along with other appropriate governmental units, in explaining and interpreting matters pertaining to
Library operation to Library users, Library support groups, and the general public.
4. Perform such other activities as may be directed by the Saratoga City Council.
DUTIES
In carrying out its basic responsibilities, the Library Commission shall perform the following duties:
1. Hold formal meetings as required (see preceding Section on "Administration'').
2. Maintain communications with the City Council, the City staff, the Santa Clara County Library staff, and the Saratoga
Library Supervisor on matters that have a significant impact on the Library's budget and operation.
3. Receive information and suggestions on Library operation from the public, through public hearings and through less
formal channels of communication such as correspondence and discussion sessions.
4. Maintain within the Commission a continuity of knowledge of the Library, its operation and its problems.
5. Keep generally informed on technical developments that could have a bearing on the Library's operation.
6. Participate in the general planning of the library's operation and in the planning of events related to the Library.
7. Promote good public relations concerning the Library and its activities.
8. Work with "Friends of the Saratoga Libraries" and other support groups as may be desirable in the planning of their
activities.
9. Promote optimal utilization of the library facilities and staff, and encourage service mindedness on the part of all
having to do with providing Library service to the public.
10. Encourage the preservation of the Saratoga Library plant through proper upkeep and preventive maintenance.
91
PARKS AND RECREATION COMMISSION
CURRENT MEMBERSHIP & ATTENDANCE INFORMATION
Name Term Ending Elig. for Reappointment Regular Meeting Absences Calendar Year 2015
Terence Ward 9/30/16 Yes
Ping Li 9/30/17 Yes 3/10/15 (excused), 11/10/15 (excused)
Rick Pearce 9/30/17 Yes 11/10/15 (excused)
Pallavi Sharma 9/30/18 Yes 5/12/15 (excused)
Renee Paquier 9/30/19 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.
92
PLANNING COMMISSION
CURRENT MEMBERSHIP & ATTENDANCE INFORMATION
Name Term Ending Elig. for Reappointment Regular Meeting Absences Calendar Year 2015
Leonard Almalech 3/31/16 Yes
Dede Smullen 3/31/17 Yes 1/14/15 (excused), 7/8/15 (excused)
Tina Walia 3/31/17 Yes
Colleen "Kookie" Fitzsimmons 3/31/18 Yes
Wendy Chang 3/31/18 Yes
Sunil Ahuja 3/31/19 Yes 8/26/15 (excused)
Joyce Hlava 3/31/19 Yes 7/8/15 (excused)
CITY CODE 2-15.030 POWERS & DUTIES
The Planning Commission is hereby designated as the planning agency of the City, as described in Section 65100 of the
Government Code, and shall exercise the functions of a planning agency as prescribed in Section 65101 of the
Government Code. The Planning Commission shall also exercise the powers and perform the duties conferred upon it by
this Code and assigned to it from time to time by the City Council.
GOVERNMENT CODE 65100
There is in each city and county a planning agency with the powers necessary to carry out the purposes of this title. The
legislative body of each city and county shall by ordinance assign the functions of the planning agency to a planning
department, one or more planning commissions, administrative bodies or hearing officers, the legislative body itself, or
any combination thereof, as it deems appropriate and necessary. In the absence of an assignment, the legislative body
shall carry out all the functions of the planning agency.
GOVERNMENT CODE 65101
(a) The legislative body may create one or more planning commissions each of which shall report directly to the
legislative body. The legislative body shall specify the membership of the commission or commissions. In any event,
each planning commission shall consist of at least five members, all of whom shall act in the public interest. If it
creates more than one planning commission, the legislative body shall prescribe the issues, responsibilities, or
geographic jurisdiction assigned to each commission. If a development project affects the jurisdiction of more than
one planning commission, the legislative body shall designate the commission which shall hear the entire
development project.
(b) Two or more legislative bodies may:
(1) Create a joint area planning agency, planning commission, or advisory agency for all or prescribed portions of
their cities or counties which shall exercise those powers and perform those duties under this title that the
legislative bodies delegate to it.
(2) Authorize their planning agencies, or any components of them, to meet jointly to coordinate their work, conduct
studies, develop plans, hold hearings, or jointly exercise any power or perform any duty common to them.
93
TRAFFIC SAFETY COMMISSION
CURRENT MEMBERSHIP & ATTENDANCE INFORMATION
Name Term Ending Elig. for Reappointment Regular Meeting Absences Calendar Year 2015
EJ Tim Harris 12/31/16 Yes 5/14/15 (excused)
Mitch Kane 12/31/17 Yes
Vacant 12/31/17 N/A
John Chen 12/31/18 Yes 5/14/15 (excused)
Ray Cosyn 12/31/19 Yes 1/8/15 (excused), 9/10/15 (excused)
Christopher Coulter 12/31/19 Yes
Jonathan “Jojo” Choi 12/31/19 Yes
RESOLUTION NO. 05-032 – MISSION
The exclusive mission of the Traffic Safety Commission shall be to investigate, review, and analyze issues, and make
recommendations to the City Council and City staff regarding traffic safety. The Commission shall work to increase
awareness of, and attention to, the traffic safety needs of the community by improving communications and
involvement between the community, and the City government on services, needs and programs.
94
YOUTH COMMISSION
CURRENT MEMBERSHIP & ATTENDANCE INFORMATION
Name Term Ending
Elig. for
Reappointment School
Regular Meeting Absences
Calendar Year 2015
Roshan Verma 7/1/16 No Redwood Middle School
Alexis Weisend 7/1/16 No Westmont High School
Malika Singh 7/1/16 No Monta Vista High School
Mitali Shanbhag 7/1/16 No Saratoga High School
Nupur Maheshwari 7/1/16 No Saratoga High School 10/13/15
Daniel Eem 7/1/16 No Saratoga High School
Charles Debling 7/1/17 No Saratoga High School
Sathvik Kaliyur 7/1/17 No Redwood Middle School
Aneesh Medhekar 7/1/17 No Pacific Collegiate School
Elora Pradhan 7/1/17 No Saratoga High School
Shefali Vijay 7/1/17 No Lynbrook High School
RESOLUTION NO. 542-2 SECTION 3 – POWERS
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.
95
Tentative 2016 City of Saratoga Commission Recruitment Schedule
Commission Recruitment Start Application Deadline Interviews Appointment Vacancies Commission Meetings
Planning Jan. 2016 March 23, 2015 March 2, 2015 March 16, 2016 1 * Jan. 13, 2016
Jan. 27, 2016
Feb. 10, 2016
Feb. 24, 2016
Youth Jan. 2016 April 20, 2016 May 2, 2016 May 18, 2016 6 Jan. 12, 2016
Feb. 9, 2016
March 8, 2016
Library March 2016 Aug. 30, 2015 Sept. 7, 2016 Sept. 21, 2016 1 * April 22, 2016
June 22, 2016
Aug. 24, 2016
Parks & Recreation March 2016 Aug. 30, 2015 Sept. 7, 2016 Sept. 21, 2016 1 * March 8, 2016
May 10, 2016
July 12, 2016
Heritage Preservation July 2016 Nov. 8, 2016 Nov. 16, 2015 Dec. 7, 2016 2 * July 12, 2016
Aug. 9, 2016
Sept. 13, 2016
Oct. 11, 2016
Traffic Safety July 2016 Nov. 8, 2016 Nov. 16, 2015 Dec. 7, 2016 1 * July 12, 2016
Sept. 13, 2016
Nov. 8, 2016
* Incumbent(s) eligible for reappointment
Notes:
Recruitments structured to allow for at least 3 regular meetings during recruitment period
96
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio, City Clerk
SUBJECT: Adoption of City Council Assignments
RECOMMENDED ACTION:
Approve the resolution adopting the 2016 City Council assignments.
BACKGROUND:
Every December, City Council assignments are reviewed and updated as needed. At the
December 2, 2015 City Council meeting, the City Council reviewed the list of agencies and
committees (not individual Council Member assignments). Following the meeting, Council
Members had until December 8, 2015 to share their assignment preferences with the Mayor. The
updated list of assignments, as well as individual assignments, is included in Attachment B. To
adopt the assignments, the resolution adopting the assignments (Attachment A) should be
approved.
ATTACHMENTS:
Attachment A - Resolution Approving Council Assignments
Attachment B - 2016 City Council Assignments
Attachment C - Assignment Descriptions
97
RESOLUTION 15-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING CITY COUNCIL ASSIGNMENTS FOR CALENDAR YEAR 2016
WHEREAS, representatives from the City Council serve on various agencies and committees;
and
WHEREAS, the responsibility for representing the City Council should be shared by all
members; and
WHEREAS, the City Council annually reviews agency and committee assignments to update
and reassign members as needed; and
WHEREAS, the City Council conducted its reorganization on December 2, 2015 for the 2016
calendar year; and
WHEREAS, on December 2, 2015, Council had the opportunity to review the list of committees
and was asked to provide input to the Mayor on changes to individual assignments; and
WHEREAS, the Mayor has duly considered input from the members of the City Council and has
made the assignments shown in Exhibit A.
NOW, THEREFORE, be it resolved that the City Council does hereby approve the City Council
assignments presented at the December 16, 2015 City Council meeting, attached to this resolution;
members of the Council hereby agree to their appointments through December 2016 or until amended;
and the City Clerk is directed to post the Fair Political Practices Commission Form 806 on the City
website pursuant to California Code of Regulations 18705.5.
Attachments:
Exhibit A – 2016 City Council Assignments
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16h day of December 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
98
2016 SARATOGA CITY COUNCIL ASSIGNMENTS
Agency Assignments - Voting Council Member Alternate
Association of Bay Area Governments Bernald Kumar
Cities Association of Santa Clara County Cappello Bernald
Cities Association of Santa Clara County – Legislative Action
Committee
Bernald Miller
Cities Association of Santa Clara County – Selection
Committee
Bernald Miller
Hakone Foundation Board Bernald N/A
Hakone Foundation Board & Executive Committee Lo N/A
KSAR Community Access TV Board Lo Bernald
Santa Clara County Expressway Plan 2040 Policy Advisory
Board
Lo N/A
Santa Clara County Housing and Community Development
(HCD) Council Committee
Cappello Bernald
Santa Clara County Library Joint Powers Authority Lo Kumar
Santa Clara Valley Water District Commission Kumar Miller
Saratoga Area Senior Coordinating Council (SASCC) Cappello Bernald
Valley Transportation Authority (VTA) Policy Advisory
Committee
Miller Kumar
VTA State Route 85 Corridor Policy Advisory Board Miller Bernald
West Valley Mayors and Managers Association Cappello Lo
West Valley Sanitation District Cappello Bernald
West Valley Solid Waste Management Joint Powers
Authority
Bernald Lo
Liaison Assignments - Non-Voting Council Member Alternate
Saratoga Chamber of Commerce & Destination Saratoga Lo Kumar
Saratoga Historical Foundation Bernald Lo
Saratoga Ministerial Association Kumar Miller
Saratoga Sister City Organization Bernald Lo
Council Committee Assignments Council Member 2nd Council Member
Council Finance Committee Miller Cappello
Assignments by Outside Organizations Council Member
VTA Board West Valley Cities Alternate Miller
Ad Hoc Assignments Council Member 2nd Council Member
Public Art Lo Bernald
99
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,
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on
th
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fo
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Thursday at 1:30 pm. at the
Sa
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Li
b
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at
13
7
0
De
l
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Av
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n
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m
p
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.
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r
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Th
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d
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.
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on
is
s
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to
water supply, flood protection
an
d
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m
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fr
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of
the cities in the County, the
Wa
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th
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,
an
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d
p
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s
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Re
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nal Open Space District.
Mo
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in
f
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a
t
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n
:
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:
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p.
m
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in
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July, and October at the
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s
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m
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Ex
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in
Sa
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Lu
n
c
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a
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a
b
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at 11:30 a.m.
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Co
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th
a
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s
th
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Sa
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Senior Center and Adult
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r
.
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me
m
b
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of
th
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Ci
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Co
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c
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se
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v
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s
as
li
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s
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n
to
th
e
SA
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a
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d
to
ma
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t
a
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n
open communications
be
t
w
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n
th
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Ci
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y
an
d
SA
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C
.
Mo
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in
f
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a
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n
:
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me
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on
th
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a.
m
.
at
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y
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in
th
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Room (with the
ex
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p
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of
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c
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)
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a
Ch
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y
of
pr
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g
r
a
m
s
an
d
se
r
v
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s
,
including networking,
me
m
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u
c
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,
bu
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s
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m
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v
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s
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g
as
s
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s
t
a
n
c
e
.
One member of the City
Co
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n
c
i
l
se
r
v
e
s
as
li
a
i
s
o
n
to
th
e
Ch
a
m
b
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r
of
Co
m
m
e
r
c
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Bo
a
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d
.
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in
f
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:
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:
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p
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d
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h
at
5:
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0
p.
m
.
at
th
e
Ch
a
m
b
e
r
of
Commerce Office .
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s
t
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n
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t
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o
n
Sa
r
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g
a
pr
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m
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a
as
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de
s
t
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a
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o
n
,
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p
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a
s
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z
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g
it
s
sc
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i
c
be
a
u
t
y
and unique offerings in food,
wi
n
e
,
re
c
r
e
a
t
i
o
n
,
an
d
le
i
s
u
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e
.
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d
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t
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n
a
l
l
y
,
De
s
t
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n
a
t
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o
n
Sa
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a
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g
a
wo
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k
s
to
w
a
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d
es
t
a
b
l
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s
h
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an
d
maintaining a branding
id
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n
t
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y
fo
r
th
e
Ci
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of
Sa
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g
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.
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Fo
u
n
d
a
t
i
o
n
Th
e
Sa
r
a
t
o
g
a
Hi
s
t
o
r
i
c
a
l
Fo
u
n
d
a
t
i
o
n
in
19
6
2
to
pr
o
m
o
t
e
in
t
e
r
e
s
t
in
Sa
r
a
t
o
g
a
hi
s
t
o
r
y
,
re
s
e
a
r
c
h
and collect records, pictures,
ar
t
i
f
a
c
t
s
,
an
d
ot
h
e
r
me
m
o
r
a
b
i
l
i
a
re
l
a
t
e
d
to
lo
c
a
l
hi
s
t
o
r
y
,
an
d
ma
i
n
t
a
i
n
th
e
hi
s
t
o
r
y
fo
r
th
e
di
s
p
l
a
y
and safekeeping of archival
ma
t
e
r
i
a
l
.
On
e
me
m
b
e
r
of
th
e
Ci
t
y
Co
u
n
c
i
l
se
r
v
e
s
as
a li
a
i
s
o
n
to
th
e
Hi
s
t
o
r
i
c
a
l
Fo
u
n
d
a
t
i
o
n
.
Mo
r
e
in
f
o
r
m
a
t
i
o
n
:
ht
t
p
:
/
/
w
w
w
.
s
a
r
a
t
o
g
a
h
i
s
t
o
r
y
.
c
o
m
/
10
2
Me
e
t
i
n
g
s
ar
e
he
l
d
on
th
e
th
i
r
d
Th
u
r
s
d
a
y
of
th
e
mo
n
t
h
(e
x
c
l
u
d
i
n
g
De
c
e
m
b
e
r
an
d
Au
g
u
s
t
)
fr
o
m
3:00 p.m. ‐ 5:00 p.m. in the
Hi
s
t
o
r
i
c
a
l
Mu
s
e
u
m
.
Sa
r
a
t
o
g
a
Mi
n
i
s
t
e
r
i
a
l
As
s
o
c
i
a
t
i
o
n
Th
e
Sa
r
a
t
o
g
a
Mi
n
i
s
t
e
r
i
a
l
As
s
o
c
i
a
t
i
o
n
is
co
m
p
r
i
s
e
d
of
re
p
r
e
s
e
n
t
a
t
i
v
e
s
fr
o
m
co
m
m
u
n
i
t
i
e
s
of
fa
i
t
h
located within the city of
Sa
r
a
t
o
g
a
.
Th
e
pu
r
p
o
s
e
of
th
e
gr
o
u
p
is
to
bu
i
l
d
co
m
m
u
n
i
t
y
an
d
su
p
p
o
r
t
ci
t
y
re
s
i
d
e
n
t
s
th
r
o
u
g
h
cooperation and joint
ac
t
i
v
i
t
i
e
s
,
in
c
l
u
d
i
n
g
th
e
an
n
u
a
l
Th
a
n
k
s
g
i
v
i
n
g
Da
y
se
r
v
i
c
e
,
su
m
m
e
r
bl
o
c
k
pa
r
t
i
e
s
an
d
ot
h
e
r
ev
e
n
t
s
.
One me mber of the Ci ty
co
u
n
c
i
l
se
r
v
e
s
as
li
a
i
s
o
n
to
th
e
Mi
n
i
s
t
e
r
i
a
l
As
s
o
c
i
a
t
i
o
n
.
Th
e
gr
o
u
p
me
e
t
s
mo
n
t
h
l
y
on
th
e
fo
u
r
t
h
We
d
n
e
s
d
a
y
at
no
o
n
(e
x
c
e
p
t
in
Ju
l
y
an
d
Au
g
u
s
t
)
.
The location rotates among the
co
n
g
r
e
g
a
t
i
o
n
s
.
Sa
r
a
t
o
g
a
Si
s
t
e
r
Ci
t
y
Co
m
m
i
t
t
e
e
Li
a
i
s
o
n
Th
e
pu
r
p
o
s
e
of
th
e
Si
s
t
e
r
Ci
t
y
Co
m
m
i
t
t
e
e
is
to
pl
a
n
an
d
ca
r
r
y
ou
t
pr
o
g
r
a
m
s
an
d
ac
t
i
v
i
t
i
e
s
,
wh
i
c
h
strengthen Saratoga’s
re
l
a
t
i
o
n
s
h
i
p
wi
t
h
it
s
si
s
t
e
r
,
ci
t
y
,
Mu
k
o
‐Sh
i
,
in
Ja
p
a
n
.
On
e
me
m
b
e
r
of
th
e
Ci
t
y
Co
u
n
c
i
l
se
r
v
e
s
as liaison to the Sister City
Co
m
m
i
t
t
e
e
.
Me
e
t
i
n
g
s
ar
e
he
l
d
th
e
fi
r
s
t
Tu
e
s
d
a
y
of
ev
e
r
y
mo
n
t
h
at
7:
0
0
p.
m
.
at
th
e
Jo
a
n
Pi
s
a
n
i
Co
m
m
u
n
i
t
y
Center.
Va
l
l
e
y
Tr
a
n
s
p
o
r
t
a
t
i
o
n
Au
t
h
o
r
i
t
y
Po
l
i
c
y
Ad
v
i
s
o
r
y
Co
m
m
i
t
t
e
e
Th
e
VT
A
PA
C
is
on
e
of
se
v
e
r
a
l
st
a
n
d
i
n
g
ad
v
i
s
o
r
y
co
m
m
i
t
t
e
e
s
to
th
e
VT
A
Bo
a
r
d
of
Di
r
e
c
t
o
r
s
.
Composed of elected official
re
p
r
e
s
e
n
t
i
n
g
ea
c
h
of
th
e
ci
t
i
e
s
in
th
e
Co
u
n
t
y
,
th
e
PA
C
ma
k
e
s
re
c
o
m
m
e
n
d
a
t
i
o
n
s
to
th
e
VT
A
Bo
a
r
d
on issues of transportation
pl
a
n
n
i
n
g
an
d
pr
o
g
r
a
m
m
i
n
g
.
Mo
r
e
in
f
o
r
m
a
t
i
o
n
:
ht
t
p
:
/
/
ww
w
.
v
t
a
.
o
r
g
/
g
e
t
‐in
v
o
l
v
e
d
/
a
d
v
i
s
o
r
y
‐co
m
m
i
t
t
e
e
/
p
o
l
i
c
y
‐ad
v
i
s
o
r
y
‐co
m
m
i
t
t
e
e
‐pac
Th
e
VT
A
PA
C
me
e
t
s
on
th
e
se
c
o
n
d
Th
u
r
s
d
a
y
of
ev
e
r
y
mo
n
t
h
at
4:
0
0
p.
m
.
at
th
e
VT
A
of
f
i
c
e
s
at 3331 North First Street in
Sa
n
Jo
s
e
.
Va
l
l
e
y
Tr
a
n
s
p
o
r
t
a
t
i
o
n
Au
t
h
o
r
i
t
y
St
a
t
e
Ro
u
t
e
85
Co
r
r
i
d
o
r
Po
l
i
c
y
Ad
v
i
s
o
r
y
Co
m
m
i
t
t
e
e
Th
e
SR
85
Co
r
r
i
d
o
r
Po
l
i
c
y
Ad
v
i
s
o
r
y
Bo
a
r
d
wa
s
es
t
a
b
l
i
s
h
e
d
to
en
s
u
r
e
th
e
st
a
k
e
h
o
l
d
e
r
ci
t
i
e
s
in
the SR 85 corridor are involved
in
th
e
de
v
e
l
o
p
m
e
n
t
of
ex
i
s
t
i
n
g
an
d
po
t
e
n
t
i
a
l
tr
a
n
s
p
o
r
t
a
t
i
o
n
ca
p
i
t
a
l
pr
o
j
e
c
t
s
al
o
n
g
th
e
co
r
r
i
d
o
r
and have the opportunity to
pr
o
v
i
d
e
in
p
u
t
an
d
re
c
o
m
m
e
n
d
a
t
i
o
n
s
to
th
e
VT
A
Bo
a
r
d
of
Di
r
e
c
t
o
r
s
.
Th
e
me
e
t
i
n
g
sc
h
e
d
u
l
e
ha
s
no
t
be
e
n
se
t
ye
t
.
We
s
t
Va
l
l
e
y
Ma
y
o
r
s
an
d
Ci
t
y
Ma
n
a
g
e
r
s
As
s
o
c
i
a
t
i
o
n
Th
e
We
s
t
Va
l
l
e
y
Ma
y
o
r
s
an
d
Ma
n
a
g
e
r
s
As
s
o
c
i
a
t
i
o
n
is
a su
b
‐re
g
i
o
n
a
l
gr
o
u
p
i
n
g
of
th
e
VT
A
go
v
e
r
n
a
n
c
e
structure. It consists of
th
e
Ma
y
o
r
s
an
d
Ci
t
y
Ma
n
g
e
r
s
fr
o
m
th
e
ci
t
i
e
s
of
Ca
m
p
b
e
l
l
,
Cu
p
e
r
t
i
n
o
,
Mo
n
t
e
Se
r
e
n
o
,
Sa
r
a
t
o
g
a
and the Town of Los Gatos. It
is
ch
a
r
g
e
d
wi
t
h
se
l
e
ct
i
n
g
th
e
VT
A
Bo
a
r
d
me
mb
e
r
re
p
r
e
s
e
n
t
i
n
g
th
e
ab
o
v
e
mu
n
i
c
i
p
a
l
i
t
i
e
s
(f
o
r
a two year term).
Me
e
t
i
n
g
s
ar
e
he
l
d
th
e
fo
u
r
t
h
We
d
n
e
s
d
a
y
of
th
e
mo
n
t
h
at
no
o
n
.
Ea
c
h
ci
t
y
ho
s
t
s
th
e
ga
t
h
e
r
i
n
g
for a year at a time,
ro
t
a
t
i
n
g
in
al
p
h
a
b
e
t
i
c
a
l
or
d
e
r
.
Me
e
t
i
n
g
s
in
Au
g
u
s
t
an
d
De
c
e
m
b
e
r
ar
e
us
u
a
l
l
y
ca
n
c
e
l
l
e
d
.
We
s
t
Va
l
l
e
y
Sa
n
i
t
a
t
i
o
n
Di
s
t
r
i
c
t
Th
e
We
s
t
Va
l
l
e
y
Sa
n
i
t
a
t
i
o
n
Di
s
t
r
i
c
t
pr
o
v
i
d
e
s
wa
s
t
e
w
a
t
e
r
co
l
l
e
c
t
i
o
n
an
d
di
s
p
o
s
a
l
se
r
v
i
c
e
s
to
Ca
m
p
b
e
l
l
,
Monte Sereno, Los
Ga
t
o
s
,
mo
s
t
of
Sa
r
a
t
o
g
a
,
an
d
a po
r
t
i
o
n
of
un
i
n
c
o
r
p
o
r
a
t
e
d
Sa
n
t
a
Cl
a
r
a
Co
u
n
t
y
.
Th
e
fi
v
e
‐me
m
b
e
r
Board of Directors is
co
m
p
o
s
e
d
of
on
e
Co
u
n
c
i
l
Me
m
b
e
r
fr
o
m
ea
c
h
of
th
e
fo
u
r
we
s
t
va
l
l
e
y
ci
t
i
e
s
an
d
th
e
Di
s
t
r
i
c
t
4 Santa Clara County Supervisor.
Bo
a
r
d
me
m
b
e
r
s
ar
e
co
m
p
e
n
s
a
t
e
d
$1
0
0
fo
r
ea
c
h
me
e
t
i
n
g
at
t
e
n
d
e
d
.
Mo
r
e
in
f
o
r
m
a
t
i
o
n
:
ht
t
p
:
/
/
w
w
w
.
w
e
s
t
v
a
l
l
e
y
s
a
n
.
o
r
g
/
a
b
o
u
t
u
s
/
d
i
r
e
c
t
o
r
s
a
n
d
s
t
a
f
f
/
a
g
e
n
d
a
s
‐an
d
‐minutes
10
3
Th
e
Bo
a
r
d
me
e
t
s
on
th
e
se
c
o
n
d
We
d
n
e
s
d
a
y
of
th
e
mo
n
t
h
at
6:
0
0
p.
m
.
at
th
e
Di
s
t
r
i
c
t
’
s
Of
f
i
c
e
located at 110 E. Sunnyoaks
Av
e
n
u
e
in
Ca
m
p
b
e
l
l
.
We
s
t
Va
l
l
e
y
So
l
i
d
Wa
s
t
e
Ma
n
a
g
e
m
e
n
t
Au
t
h
o
r
i
t
y
Th
i
s
WV
S
W
M
A
co
n
s
i
s
t
s
of
th
e
we
s
t
va
l
l
e
y
ci
t
i
e
s
of
Ca
m
p
b
e
l
l
,
Lo
s
Ga
t
o
s
,
Mo
n
t
e
Se
r
e
n
o
,
an
d
Saratoga. The Authority was
fo
r
m
e
d
to
co
o
r
d
i
n
a
t
e
ef
f
o
r
t
s
in
ca
r
r
y
i
n
g
ou
t
so
l
i
d
wa
s
t
e
co
l
l
e
c
t
i
o
n
an
d
di
s
p
o
s
a
l
ac
t
i
v
i
t
i
e
s
,
an
d
in meeting the mandates of
AB
9
3
9
,
th
e
St
a
t
e
s
’
In
t
e
g
r
a
t
e
d
Wa
s
t
e
Ma
n
a
g
e
m
e
n
t
Ac
t
.
Th
e Au
t
h
o
r
i
t
y
is
re
s
p
o
n
s
i
b
l
e
fo
r
es
t
a
b
l
i
s
h
i
n
g
collection rates within
ea
c
h
ci
t
y
an
d
ov
e
r
s
e
e
i
n
g
bo
t
h
la
n
d
f
i
l
l
an
d
ha
u
l
e
r
ag
r
e
e
m
e
n
t
s
.
Th
e
Au
t
h
o
r
i
t
y
Bo
a
r
d
is
co
m
p
o
s
e
d
of one Council Member
fr
o
m
ea
c
h
of
th
e
fo
u
r
me
m
b
e
r
ag
e
n
c
i
e
s
.
Mo
r
e
in
f
o
r
m
a
t
i
o
n
:
ht
t
p
:
/
/
w
w
w
.
w
v
s
w
m
a
.
o
r
g
Me
e
t
i
n
g
s
ar
e
he
l
d
on
a qu
a
r
t
e
r
l
y
ba
s
i
s
(F
e
b
r
u
a
r
y
,
Ma
y
,
Au
g
u
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4
SARATOGA CITY COUNCIL
MEETING DATE: December 16, 2015
DEPARTMENT: City Manager & City Attorney
PREPARED BY: Staff
SUBJECT: Consider Updates to the City Council Handbook, Council & Commission Expense
Policy, E-Communications Policy and Council Norms
RECOMMENDED ACTIONS:
1. Adopt the resolution approving modifications to Council and Commission Expense
Policy
2. Receive report on the Council and Commission E-Communication Policy
3. Review updates to the City Council Handbook
4. Provide direction on any updates to the City Council Norms of Operation
BACKGROUND:
The City Council conducted a review of Council policies at the November 18th meeting.
Direction was provided to staff to return with the following:
Modify the Council and Commission Expense Policy to include proportional funding
amounts for each member and to have the City Council approve out-of-state travel and
spending over a certain dollar amount.
Review the Council & Commission E-Communication Policy for possible legal updates
Update the Council Handbook with new training requirements and correct typographical
errors
City Council and Commission Expense Policy
The modifications to the City Council and Commission Expense Policy requested at the
November 18th meeting are provided as Attachment A. Section III-A Authorized Expenses has
been modified to include allocations of the Council’s annual training and travel budget. The
Mayor would receive up to 30% of the total budget and the remaining 70% would be divided
equally among the four Council Members. A separate budget appropriation would be made for
the League of California Cities New Mayors and Council Members Academy that would be in
addition to the normal training allocation. Section IV-A Expenditure Approval Requirements
has been modified to so that the City Council is the approving body for out-of-state travel,
expenses exceeding $500 per trip (except conferences sponsored by the League), and special
105
exemptions. Modifications were also made to sections of the policy regarding Commission
expenses to align with proposed changes to Council travel and training expenditures.
City Council and City Commissions E-Communications Policy
On May 19, 2010, the City Council approved Resolution No. 10-026, adopting an E-
Communications Policy for the City Council and City Commissions. The purpose of the E-
Communications Policy is to ensure the proper use of the City’s electronic media consistent with
applicable law, including the Brown Act and the Public Records Act. The policy applies to all
City Council Members and Commissioners except members of the Youth Commission.
In light of developments in social media and other forms of electronic communications, the
Council seeks to review the E-Communications Policy to ensure that it is consistent with
technological and legal developments, as well as Council norms of operation.
Discussion
In coordination with the City Attorneys’ Office, staff concluded that the current policy is
consistent with current legal requirements and guidelines. Staff also conducted an initial survey
of other cities’ electronic communication and social media policies for discussion purposes.
Staff’s research into other cities’ policies and practices is not exhaustive, and the Council may
direct further research as appropriate. However, in general, staff’s research shows that Saratoga’s
policy is generally consistent with other cities’ policies regarding e-communication and social
media.
Brown Act: The Brown Act is commonly referred to as California’s open meeting law. It
provides that members of a legislative body may hold a meeting when a majority of them – at the
same time and place – hear, discuss, deliberate or take action on an item within the subject
matter jurisdiction. To hold a lawful meeting under the Brown Act, a local agency must, among
other things, provide public notice about the meeting and ensure that the public can access the
meeting.
The City’s E-Communication Policy addresses Brown Act requirements in section D:
D. Electronic Communication by a Quorum of the Council and
Commission or a Council and Commission Standing
Committee. A majority of the members of the Council or a
Commission shall not send or exchange facts about or engage in
discussions regarding City issues via E-Communication, including
chat rooms, news groups, on – line forums, weblogs, twitter feeds,
or list-serves (collectively referred to as “Internet forums”).
Other cities take approaches that are more or less restrictive. Staff has excerpted a few
representative examples1:
1 Another issue that arises from those examples is whether they apply just to City social media
sites, or to all social media. Saratoga’s policy applies to all social media. Santa Rosa’s example
seems to restrict City Official’s behavior only on the City’s social media, while Turlock’s may
have a broader scope.
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Daly City: “The Ralph M. Brown Act (Brown Act) requires that public agencies
deliberate and take action openly. Content and/or comments made by a City Official via
a Social Media site on city related issues within their jurisdiction could be subject to the
requirements of the Brown Act. City Elected Officials should refrain from posting
simultaneous content or comments on any City of Daly City related issue on a Social
Media site.”
Santa Rosa: “City social media sites shall be managed consistent with the Brown Act.
Members of the City Council and City advisory bodies should refrain from responding to
any published postings, or from using the site to respond to, blog, engage in serial
meetings, or otherwise discuss, deliberate, or express opinions on any issue within the
subject matter jurisdiction of the body.”
Turlock: “City social media sites shall be managed consistent with the Brown Act.
Members of the City Council, Commissions, and/or Boards are encouraged to refrain
from ‘like’, ‘share’, ‘re-tweet’ activities or otherwise participating in any published
postings, or use the site, or any form of electronic communication, to respond to, blog, or
otherwise discuss, deliberate, or express opinions on any issue within the subject matter
jurisdiction of the body, so as to avoid the appearance or possibility of engaging in a
serial meeting or other Brown Act violation.”
Public Records Act: The California Supreme Court is expected to clarify rules regarding the
application of the Public Records Act to electronic communications made by public officials on
their personal devices. In Smith v. San Jose, the Court will decide: “Are written
communications pertaining to city business, including email and text messages, which (a) are
sent or received by public officials and employees on their private electronic devices using their
private accounts, (b) are not stored on city servers, and (c) are not directly accessible by the city,
“public records” within the meaning of the California Public Records Act?” The case is fully
briefed and awaiting oral argument and decision.
Saratoga’s policy addresses Public Records Act compliance in Sections A and B:
A. Procedures for Electronic Communications. All Council
members and Commissioners will be issued accounts for use of
City electronic media for E-Communication on City business. E-
Communication by nature represents and reflects upon the City's
public image and integrity. Users should insure that their messages
are respectful, professional, and are consistent with City policies.
E- Communication should be written or otherwise presented in the
same professional and respectful manner as paper communications.
The City's Electronic Communication System shall be used only
for City business.
B. No Use of Personal E-Communication. Users shall not use
their home or business accounts or addresses for any
communication pertaining to City business. When using E-
Communication, users should communicate with the public and
staff solely via their designated City E- Communication addresses.
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Users shall not commingle E- Communication pertaining to City
business with E- Communication pertaining to their home or
business.
The City’s policy addresses Public Records Act and records retention issues with respect to e-
mail. It does not directly address records retention issues with respect to posts on social media
sites such as Facebook, NextDoor, etc. Staff would need to conduct further research to determine
whether other cities have policies that address this archiving/records retention issue in the
context of Councilmembers’ social media posts.
Electronic Communication During Meetings
Saratoga’s policy prohibits E-Communication during meetings, except for family emergencies.
G. Use of E-Communication During Meetings. City Council
members shall not use E-Communication at any time during a
meeting of the City Council at which he or she is in attendance. No
Commissioner may use E- Communication at any time during a
meeting of the Commission of which he or she is a member at
which he or she is in attendance. The foregoing limitation shall not
apply to receipt of telephone calls or text messages from family
members in the event of an urgent family matter; a Council
member or Commissioner wishing to respond to such a message
during the meeting shall do so during a recess or shall excuse him
or herself from the meeting to place the return call or text in a
manner that does disrupt the meeting.
The City’s policy is consistent with other cities’ policies, which similarly prohibit such e-
communication during meetings in light of fair hearing requirements, due process, and ensuring
an accurate and complete record. However, some cities have carved out an additional exception
permitting Council Members to read meeting documents on a device, so long as they do not text
or email. In Santa Rosa, for instance, “[Electronic Communication System Devices] may be
used to access and view previously downloaded E-Packets during public meetings of the user’s
legislative body.”
City Council Handbook Update
In January 2015, City staff presented the City Council Handbook. This document serves as a
general reference document with information about the structure of the City, day-to-day Council
business, Council policies, and laws that affect elected officials. Since then, the City Council has
adopted additional Council policies and asked City staff to add additional materials to the
handbook. New sections in the handbook are indicated in red. Additionally, staff has corrected
typographical errors and made minor clarifications throughout the handbook. An updated copy
of the handbook, including the full appendix, will be provided to the City Council following the
December 16, 2015 City Council Meeting.
ATTACHMENTS:
A. Resolution and draft changes to The City Council and Commission Expense Policy
B. E- Communication Policy
C. Council Handbook (without appendixes)
D. Council Norms of Operation
108
RESOLUTION NO. 15-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING AMENDMENTS TO THE
COUNCIL AND COMMISSION EXPENSE POLICY
WHEREAS, section 53232.2(a) of the Government Code authorizes local agencies to
“reimburse members of a legislative body for actual and necessary expenses incurred in the
performance of official duties.”
WHEREAS, section 2-10.180(b) of the City Code provides that the City Council may,
by resolution, establish a policy for the reimbursement of actual and reasonable expenses
including, but not limited to, the cost of travel, meals, lodging and registration fees for
attendance at meetings or functions as the designated representative of the City Council.
WHEREAS, section 53232.2(b) of the Government Code requires local agencies who
make such reimbursements to “adopt a written policy, in a public meeting, specifying the types
of occurrences that qualify a member of the legislative body to receive reimbursement of
expense relating to travel, meals, lodging, and other actual and necessary expenses.”
WHEREAS, the Saratoga City Council first adopted a Council and Commission Expense
Policy on June 7, 2006 and updated it on March 4, 2015 via Resolution 15-008; and
WHEREAS, the attached policy includes amendments as directed by the City Council,
with changes to the policy noted in the attachment.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby adopt the amended Council and Commission Expense Policy (attached).
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16th day of December 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
109
City of Saratoga Council and Commission Expense Policy
Approved December 16. 2015
I. Purpose
The City of Saratoga takes its stewardship over the use of its limited public resources
seriously. This policy provides direction to City Council members and City
Commissioners, on the use and expenditure of City resources, as well as the standards
against which those expenditures will be measured.
II. General
A. City resources should be used only when there is a benefit to the City, including:
The opportunity to discuss the community's concerns with state and federal
officials and representatives of other local governments in the region;
Participating in regional, state, and national organizations whose activities affect
the City;
Educational expenses related to improving the City Officials' skill and knowledge.
III. Authorized Expenses
A. City funds, equipment, supplies (including letterhead), and staff time must only be
used for authorized City business and may not exceed the adopted budget
appropriation.
1. The adopted budget appropriation for City Council’s annual training and travel
budget shall be allocated as follows, unless otherwise approved by the Mayor:
a. 30% to the Mayor
b. 70% divided equally among the four City Council members
2. The Council’s training and travel budget shall include a separate appropriation
for new Council members and Mayors to attend the League of California Cities
New Mayors & Council Members Academy. This appropriation is in addition to
the normal training allocation referenced above.
3. The adopted budget appropriation for a Commission’s annual training and travel
budget shall be allocated by the staff liaison in cooperation with the
Chairperson.
B. Expenses incurred in connection with the following types of activities generally
constitute authorized expenses, as long as the other requirements of this policy are
met:
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1. Communicating with representatives of regional, state, and national
government on City-adopted policy positions;
2. Attending educational seminars or procurement of educational materials
designed to improve officials' skill and information levels;
3. Participating in regional, state, and national organizations whose activities affect
the City's interests;
4. Attending City and City-related events.
IV. Expenditure Approval Requirements
A. For Mayor and Council Members: Pre-approval of expenses to be incurred is not
required, except that the following expenses require prior approval from the City
Council at a regular or special City Council meeting Mayor (or Mayor pro tem in the
absence of the Mayor) :
1. International and out-of-state travel;
2. Expenses (other than related to conferences sponsored by the League of
California Cities) exceeding $500 per trip; and
3. Expenses not related to Section III. B.1 through B.4, but which nonetheless will
offer substantial benefit to the City.
B. For Commissioners, all expenditures require pre-approval by the Commission’s staff
liaison and out-of-state travel requires pre-approval of the City Council.
V. Non-authorized Expenses
A. Examples of personal expenses that the City will not reimburse include, but are not
limited to:
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner's expenses when accompanying official on
agency-related business, as well as children- or pet-related expenses;
4. Entertainment expenses, including theater, movies (either in-room or at the
theater), sporting events (including gym, massage and/or golf related expenses),
or other cultural events;
5. Alcoholic beverages, either as a portion of a meal expense or as a separate
charge;
6. Non-mileage personal automobile expenses, including repairs, traffic citations,
insurance or gasoline; and
111
7. Any additional costs related to the extension of travel beyond what is required
for business-related purposes (except due to travel restrictions caused by
inclement weather); and
8. Personal losses incurred while on City business.
B. Any questions regarding authorization of a particular type of expense should be
resolved by the approving authority before the expense is incurred.
VI. Cost Control
A. To conserve City resources and keep expenses within community standards for
public officials, expenditures should adhere to the following guidelines. In the event
that expenses are incurred which exceed these guidelines, the cost borne or
reimbursed by the City will be limited to the costs that fall within the guidelines.
1. Transportation
a. The most economical mode and class of transportation reasonably consistent
with scheduling needs and cargo space requirements must be used, using the
most direct and time-efficient route.
b. Charges for rental vehicles may be reimbursed under this provision if it is
determined that using a rental vehicle is more economical than other forms
of transportation. In making such determination, the cost of the rental
vehicle, parking and gasoline will be compared to the combined cost of other
forms of transportation. Government and group rates must be used when
available.
2. Airfare
a. Airfares shall be booked through the City Manager’s Office for the lowest
available cost that meets business travel needs.
b. Luggage Fees from airlines will be reimbursed for one checked bag that
weighs 50 pounds or under.
3. Automobile
a. Automobile mileage is reimbursed at Internal Revenue Service rates
presently in effect (see http://www.irs.gov). These rates are designed to
compensate the driver for gasoline, insurance, maintenance, and other
expenses associated with operating the vehicle. This amount does not
include bridge and road tolls, which are also reimbursable. Forms for this
reimbursement are available.
b. Automobile rental expenses, including insurance coverage recommended by
the City’s Risk Manager, will be reimbursed at rates not to exceed business
112
class auto rentals. Fuel expenses for business related usage will also be
reimbursed, however repairs or citations resulting from the use of the rental
vehicle will not be reimbursed.
4. Taxis/Shuttles
a. Taxis or shuttles fares may be reimbursed, including a fifteen (15%) percent
gratuity per fare. Taxis or shuttles may be utilized when the cost of such fares
is equal to or less than the cost of car rentals, gasoline and parking
combined, or when such transportation is necessary for time-efficiency.
5. Lodging
a. Lodging expenses will be paid or reimbursed when official City business
requires an overnight stay that exceeds 50 miles from Saratoga City Hall,
unless otherwise approved by the Mayor.
6. Conferences/Meetings
a. If lodging is in connection with a conference, expenses must not exceed
the group rate published by the conference sponsor, if such rates are
available at the time of booking. If the group rate is not available, the
policy in the following section "Other Lodging" shall apply.
7. Other Lodging
a. Travelers must request government rates, when available. A listing of
hotels offering government rates in different areas is available at
www.dgs.ca.gov/travel. Lodging rates that are equal to or less than
government rates are presumed to be reasonable and hence
reimbursable for purposes of this policy.
b. In the event that government rates are not available at a given time or in
a given area, lodging rates that do not exceed the IRS per diem rates for a
given area are presumed reasonable and hence reimbursable. See Form
2106 -EZ at www.irs.gov . The site provides references to hotels that have
government rates at or below Internal Revenue Service per diem limits.
Per Diem rates vary by location and can be found at
www.gsa.gov/perdiem .
8. Meals
a. Meal expenses (breakfast, lunch, dinner) and associated gratuities are
limited to a total of $100/day with receipts. Partial conference and travel
days are pro-rated. The City does not reimburse for snacks and drinks
between meals.
113
b. If meals are included in the cost of the business-related activity
registration fee, but Council or Commissioner elects to purchase the meal
from another source, the cost of that meal will not be paid by the City.
c. If receipts are not available, a per diem reimbursement will be provided
in the following amounts:
Breakfast: $15
Lunch: $15
Dinner: $30
9. Laundry service
a. Laundry services are generally not eligible for reimbursement. On a case-
by-case basis, when an extended business trip extends over seven (7) or
more calendar days, reasonable laundry expenses may be reimbursed for
necessary business clothing.
10. Internet
a. If Internet access is necessary for City-related business and is not
provided free of charge at the conference or hotel site, officials will be
reimbursed for Internet access connection and/or usage fees, not to
exceed $20.00 per day.
11. Airport Parking
a. Officials will be reimbursed for airport parking related to City business-
related travel.
b. Long-term parking must be used for travel exceeding 24-hours. Where
practical, an airport shuttle should be used if the cost of the shuttle to
and from the airport would be less than the anticipated cost of long term
parking.
12. 0ther
a. Expenses for which City officials receive reimbursement from another
agency are not reimbursable.
VII. Expense Report Content and Submission Deadline
A. All expenditure reports and expense reimbursement requests must be submitted on
the City’s current "Expense Report" form within thirty (30) days of an expense being
incurred. The form must be accompanied by receipts documenting each expense or
supporting documentation if requesting a per -diem meal reimbursement.
Reimbursement is permitted only for meals that are not provided by the
conference/meeting/seminar.
114
B. Expense reports must document that the expense in question met the requirements
of this policy. For example, if the meeting is with a legislator, the local agency official
should explain whose meals were purchased, what issues were discussed and how
those relate to the City's adopted legislative positions and priorities.
C. Inability to provide such documentation in a timely fashion may result in the
expense being borne by the official.
VIII. Audits of Expense Reports
A. All expenses are subject to verification that they comply with this policy.
IX. Reports to City Council or Commission
A. Following an event for which a reimbursement claim has or will be submitted, the
official seeking reimbursement shall, at the next regular City Council or Commission
meeting (or at an earlier special meeting if practical), briefly report on the event. If
multiple officials attended, a joint report may be made.
X. Compliance with Laws
A. City officials should keep in mind that some expenditures may be subject to
reporting under the Political Reform Act and other laws. All agency expenditures are
public records subject to disclosure under the Public Records Act.
B. This policy supplements the definition of actual and necessary expenses for
purposes of state laws relating to permissible uses of public resources.
C. This policy also supplements the definition of necessary and reasonable expenses for
purposes of federal and state income tax laws.
XI. Violation of This Policy
A. Use of public resources or falsifying expense reports in violation of this policy may
result in any or all of the following:
1. Loss of reimbursement privileges;
2. A demand for restitution to the City;
3. The City reporting to state and federal tax authorities that the official's expenses
are income;
4. Civil penalties of up to $1,000 per day and three times the value of the resources
used; and
5. Prosecution for misuse of public resources.
115
WHEREAS, the City of Saratoga seeks to promote effective use of electronic
communications by City Council members and Commissioners in conducting City business and to
create a system that allows compliance with state and federal laws governing electronic
communications including the Records Retention Act, the Public Records Act, the Brown Act, and
state and federal rules of evidence; and
WHEREAS, the City Council adopted an interim policy for a trial period in July 2009 for
use by the City Council and Planning Commission and now wishes to adopt a final policy for use by
the City Council and all City Commission except the Youth Commission.
NOW, THEREFORE, BE IT RESOLVED THAT:
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 19 day of May 2010 by the following vote:
AYES: Councilmember Chuck Page, Howard Miller, Vice Mayor Jill Hunter,
Mayor Kathleen King
NOES: None
ABSTAIN: None
ABSENT: Vacant (Susie Nagpal)
ATTEST:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING AN E- COMMUNICATIONS POLICY FOR
THE CITY COUNCIL AND CITY COMMISSIONS
The attached City Council and Commissions Electronic Communications Policy is
hereby adopted.
RESOLUTION NO. 10 — 026
5 2 / - , D /D
Ann a livan, City Clerk Date
X7KathleenM. King, Mayor
116
CITY OF SARATOGA
City Council and Commissions
Electronic Communications Policy
Adopted May 19, 2010
I. Purpose: Use of electronic media is necessary and useful for City Council and Commission
members in order to improve communication and efficiently perform their City duties. The
purpose of this policy is to insure the proper use of the City's electronic media and to set out the
policy the City Council and Commission members will follow when using electronic media and
the City's electronic communication system. This policy will also insure that use of City
electronic media complies with applicable law, including the Public Records Act and Brown Act.
This policy is applicable to all City Council members and Commissioners except members of the
Youth Commission.
II. Definitions
A. City's Electronic Communication System — City -owned devices or products designed
to electronically process, transmit, or store information such as computers, phones, cell
and smart phones, printers, modems, data files, and e -mail.
B. User — a Council member or Commissioner who uses the City's electronic
communication system.
C. E- Communication — electronic text or visual communication and attachments
distributed via e -mail, websites, instant messaging, text messaging, twitter, or comparable
services.
D. Electronic Media — a method for processing or transmitting information in electronic
form, including E- Communication, software programs and the Internet.
III. General Procedures
A. Procedures for Electronic Communications. All Council members and
Commissioners will be issued accounts for use of City electronic media for E-
Communication on City business. E- Communication by nature represents and reflects
upon the City's public image and integrity. Users should insure that their messages are
respectful, professional, and are consistent with City policies. E- Communication should
be written or otherwise presented in the same professional and respectful manner as paper
communications. The City's Electronic Communication System shall be used only for
City business.
B. No Use of Personal E- Communication. Users shall not use their home or business E-
Communication accounts or addresses for any communication pertaining to City
117
business. When using E- Communication, users should communicate with the public and
staff solely via their designated City E- Communication addresses. Users shall not
commingle E- Communication pertaining to City business with E- Communication
pertaining to their home or business.
C. Electronic Communications between Council members or Commissioners
Concerning City Business. Communications from (1) a Council member to another
Council member or members concerning City business, and (2) a Commissioner to
another Commissioner or Commissioners concerning Commission business should be
one way" and marked "For Information Only —Do Not Reply."
D. Electronic Communication by a Quorum of the Council and Commission or a
Council and Commission Standing Committee. A majority of the members of the
Council or a Commission shall not send or exchange facts about or engage in discussions
regarding City issues via E- Communication, including chat rooms, news groups, on -line
forums, weblogs, twitter feeds, or list- serves (collectively referred to as "Internet
forums ").
E. Electronic Communications from the Public. The public may electronically
communicate with the Council and Commission through the City's Website at:
www.saratoga.ca.us.
1) E- Communication from the public addressed to the City Council will be
distributed to each Council member and E- Communication addressed to a
Commission will be distributed to each member of the Commission. E-
Communication addressed to the Council or a Commission also will be forwarded
to the City Clerk. The Mayor, or Mayor's designated representative, in
consultation with staff if necessary, will respond on behalf of the Council to E-
Communication addressed to the Council. The Commission chair or Commission
staff liaison will respond on behalf of the Commission to E- Communication
addressed to the Commission.
2) E- Communication from the public addressed to more than a quorum of the City
Council or Commission shall be forwarded by the recipients to the City Clerk (for
the City Council) or staff liaison for the Commission. These E- Communications
will be distributed and responded to in accordance with paragraph E.1, above.
3) Upon receipt of an E- Communication addressed to less than a quorum of the City
Council or Commission, the recipient may: 1) treat it as an individual
communication to which he or she may or may not respond; 2) inform the Council
or Commission of the communication at a properly noticed meeting; or 3) ask that
it be forwarded to the full Council or Commission as part of its information
packet for the next available Council or Commission meeting. Such E-
Communication may also be forwarded to staff for response as set out in Section
G, below. When a User responds to individual E- Communication from the
public, and desires to forward the response to the Council or Commission, he or
Council and Commission Electronic Communications Policy
Page 2 of 4
118
F. City Electronic Communications with the Public. City staff will post official
information on upcoming and prior City Council meetings, workshops and events on the
City Website. Council and Commission agendas and minutes will be posted for the
current and prior calendar year. Additional materials may be posted at the discretion of
the City Manager or Manager's designee.
G. Use of E- Communication During Meetings. City Council members shall not use E-
Communication at any time during a meeting of the City Council at which he or she is in
attendance. No Commissioner may use E- Communication at any time during a meeting
of the Commission of which he or she is a member at which he or she is in attendance.
The foregoing limitation shall not apply to receipt of telephone calls or text messages
from family members in the event of an urgent family matter; a Council member or
Commissioner wishing to respond to such a message during the meeting shall do so
during a recess or shall excuse him or herself from the meeting to place the return call or
text in a manner that does disrupt the meeting.
H. City Participation in Internet Forums. The City will not generally answer questions or
respond to comments made in Internet forums. The City will post answers to such
questions on its website if the questions are deemed important by the Mayor or by the
City Manager or at the direction of the City Council. If a Council member desires staff to
prepare a response to a question or comment received by E- Communication or made in
an Internet forum, the Council and Commission member may forward the question or
comment to the City Manager and request that staff prepare an appropriate response in a
reasonable period of time. If preparation of a response will require significant staff time
to research or draft the response, an interim response to the questioner or commenter will
be sent as soon as possible acknowledging receipt of the inquiry and informing the sender
that a response is being prepared.
IV. Specific Procedures
she shall forward his or her response and the individual E- Communication to the
City Clerk or Commission liaison for inclusion in the Council or Commission's
informational packet at the next available Council or Commission meeting.
A. Retention of E -Mail. The City electronically archives E- communications in accordance
with the City's Records Retention schedule. E- communications that constitute
preliminary drafts, notes, or intra- agency or interagency memoranda that are not retained
by the City in the ordinary course of business are not required to be archived and should
be deleted prior to regularly scheduled archiving. The City Clerk and City Attorney are
available to assist users in determining how to address questions concerning the
application of these procedures.
B. Public Records Act. City records, whether paper or electronic, are governed by the
public disclosure requirements of the Public Records Act. Disclosure may be required
regardless of who sends or receives a communication or document. In the event that the
City receives a request for disclosure of City records that includes E- Communication, the
Council and Commission Electronic Communications Policy
Page 3 of 4
119
person responsible for the requested records must use his or her best efforts to preserve
all City E- Communication covered by the request until the responsive E-
Communications have been identified. Requests for disclosure of any City records
applicable to E- Communication or other electronic records of any user subject to this
policy shall be submitted to the City Clerk..
C. Confidentiality.
1) California law requires that certain information be treated as confidential and not be
distributed to others inside or outside the City who do not have authorization to view
such information. Council members or Commissioners may occasionally receive
confidential electronic information. Some examples of confidential information are:
personnel records, internal investigations, information relating to litigation or
potential litigation, attorney - client communication, information relating to labor
negotiations, or information relating to confidential real estate negotiations. When
Council and Commission members receive confidential information, it should be
marked "Confidential Information" so that Council and Commission members are
alerted to the nature of the information.
2) Confidential information should not be sent or forwarded to individuals or entities not
authorized to receive that information and should not be sent or forwarded to City
employees not authorized to view such information.
3) Council and Commission members shall exercise caution in sending confidential
information by E- Communication as compared to written memoranda, letters or
phone calls, because of the ease with which such information can lose confidentiality
by inadvertent or intentional diversion or re- transmission by others.
4) The City Attorney should be contacted concerning any questions about whether a
communication is confidential.
V. Compliance with this Policy: It is the responsibility of every user to insure that he or she is
in compliance with this Electronic Communications Policy.
Council and Commission Electronic Communications Policy
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TABLE OF CONTENTS
INTRODUCTION ..................................................................................................................... 3
ABOUT THE CITY OF SARATOGA ............................................................................................. 3
Saratoga Governance Structure .................................................................................................................... 3
City Departments .......................................................................................................................................... 3
General Law City ........................................................................................................................................... 4
Elections ........................................................................................................................................................ 5
CITY COUNCIL MEETINGS ....................................................................................................... 5
City Council Meeting Absences ..................................................................................................................... 5
Special Meetings, Study Sessions, Joint Meetings, and Site Visits ............................................................... 5
Annual Retreat .............................................................................................................................................. 6
Closed Sessions ............................................................................................................................................. 6
City Council Agenda Packet ........................................................................................................................... 6
Agenda Items and the Agenda Planner ........................................................................................................ 6
Types of Agenda Items .................................................................................................................................. 7
Public Comment ............................................................................................................................................ 7
Length of Meetings ....................................................................................................................................... 8
Record of Council Meetings & Minutes ........................................................................................................ 8
COUNCIL RESPONSIBILITIES & POWERS .................................................................................. 8
Appointment of City Manager and City Attorney ......................................................................................... 8
Saratoga Commissions .................................................................................................................................. 9
Role of the Mayor ....................................................................................................................................... 10
Council Member Assignments .................................................................................................................... 10
Community Involvement ............................................................................................................................ 10
Laws & Policies ............................................................................................................................................ 11
Adjudication & Due Process ........................................................................................................................ 12
City Property ............................................................................................................................................... 12
Fees & Assessments .................................................................................................................................... 12
Labor Negotiations ...................................................................................................................................... 13
Litigation ..................................................................................................................................................... 13
Budget ......................................................................................................................................................... 13
Contracts ..................................................................................................................................................... 14
ETHICS, PUBLIC RECORDS, AND OPEN MEETINGS ................................................................. 14
Political Reform Act..................................................................................................................................... 14
Disclosure of Campaign Contributions and Expenses ................................................................................. 15
Mandatory Ethics Training .......................................................................................................................... 16
Mandatory Harassment Training ................................................................................................................ 16
City of Saratoga Code of Ethics and Values ................................................................................................ 16
California Public Records Act ...................................................................................................................... 17
The Brown Act ............................................................................................................................................. 17
City Records ................................................................................................................................................ 18
COUNCIL POLICIES ............................................................................................................... 19
Council Norms of Operation ....................................................................................................................... 19
Mayoral Rotation Policy .............................................................................................................................. 19
E-Communications Policy ............................................................................................................................ 19
Saratoga Rules of Order .............................................................................................................................. 20
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Council and Commission Expense Policy .................................................................................................... 20
DAY-TO-DAY COUNCIL BUSINESS ......................................................................................... 20
Council Stipend & Benefits ......................................................................................................................... 20
Council Calendar ......................................................................................................................................... 21
Council Newsletter ...................................................................................................................................... 21
Access to City Email .................................................................................................................................... 21
Communications and Inquiries ................................................................................................................... 21
Crisis Communications ................................................................................................................................ 21
Council Meeting Meals ............................................................................................................................... 22
Change of Contact Information .................................................................................................................. 22
Access to City Hall ....................................................................................................................................... 22
APPENDIX............................................................................................................................ 23
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INTRODUCTION
The purpose of this handbook is to serve Saratoga Council Members as a reference document.
It includes general information about the City of Saratoga, local government principles,
Saratoga policies and procedures, and laws that affect locally elected officials. Included with the
guide are forms, reference materials, and other documents. Please keep in mind that this is
only a general guide and does not set policy or law. Please consult with the City Attorney for
advice on legal matters.
ABOUT THE CITY OF SARATOGA
Saratoga is home to nearly 30,000 residents and spans approximately 12.4 square miles. The
City is located in the foothills of the Santa Cruz Mountains, approximately 26 miles east of the
Pacific Coast, 10 miles southwest of Downtown San Jose, and 50 miles south of San Francisco.
Saratoga Governance Structure
The City of Saratoga was incorporated in 1956 and operates under a Council-Manager form of
government. In the Council-Manager form of government, the Council is the governing body of
the City, elected by the public. The manager is hired by the Council to carry out the policies
established by the Council. The Council provides legislative direction while the City Manager is
responsible for day-to-day administrative operations of the City based on the Council’s
directions. As such, City Council Members should work through the City Manager rather than
giving directions to staff members. The City Manager also serves as the Council’s chief advisor
and is responsible for preparing the budget and hiring and firing personnel. Roughly 90% of
California cities and majority of U.S. cities operate under the Council-Manager form of
government.
In addition to appointing the City Manager, the City Council is also responsible for appointing
the City Attorney. The City Manager and City Attorney are the only two staff members who
report directly to the City Council.
There are a total of 5-members on the Saratoga City Council, elected at large by Saratoga
voters.
City Departments
The City of Saratoga has a total of 5 departments: City Manager’s Office, Community
Development, Finance and Administrative Services, Public Works, and Recreation and Facilities.
Law enforcement is provided by the Santa Clara County Sheriff’s Office by contract.
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General Law City
There are three forms of municipal incorporation in the State of California. These include
general law cities, charter cities, and consolidated city and county. The bulk of California cities,
about eighty percent, are general law cities. There is only one consolidated city and county, San
Francisco.
Saratoga is a general law city and therefore derives its powers from and organizes itself
according to acts of the State legislature. Fundamental laws that govern general law cities are
part of the California Government Code. This includes the powers and structure of general law
cities. Although State law establishes the overall powers and structure of general law cities,
these cities can also institute local laws that are codified into a municipal code.
City Council
City Manager
City Manager's Office
Community
Development
Finance & Administrative
Services
Public Works
Recreation & Facilities
Sheriff's Office
City Attorney
Assistant City Attorney
Special Counsel
City Commissions
Heritage Preservation
Library
Parks & Recreation
Planning
Traffic Safety
Youth
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Elections
Council Members are elected at-large by Saratoga voters during staggered elections (every two
years) to serve four-year terms. The Mayor and Vice Mayor serve 1-year terms and are chosen
by fellow Council Members during the annual reorganization meeting in December.
The City of Saratoga consolidates its elections with the County of Santa Clara. The Santa Clara
County Registrar of Voters oversees voter registration, preparation of the ballots and voter
information materials, and collection and tabulation of the ballots. The City Cler k is the
Elections Official for the City of Saratoga and oversees nominations of candidates, ballot
measures, and referenda.
CITY COUNCIL MEETINGS
Regular City Council Meetings take place on the first and third Wednesday of the month.
Generally, the City Council takes a one or two meeting recess during the summer months.
Meetings held on or near major holidays may also be canceled. Council authorization is needed
to cancel regular meetings.
City Council Meeting Absences
Per Government Code Section 36513, if a Council Member is absent from all regular City
Council Meetings for 60 consecutive days, without permission, that Council Member’s position
will become vacant.
If a Council Member is unable to attend a meeting, he or she should notify the Mayor, City
Manager, and City Clerk. The Mayor is responsible for excusing Council absences from regular
meetings. Council Members may participate in a regular or special meeting by phone if advance
notice is given to the City Clerk.
When a member of the Council participates in a meeting by phone, the agenda must note the
location from which the Council Member is participating in the meeting. An agenda must also
be posted at the remote location and members of the public must be able to participate in the
meeting from that location.
Special Meetings, Study Sessions, Joint Meetings, and Site Visits
Special meetings and study sessions are also held throughout the year for a variety of purposes.
Special meetings are scheduled when the Council is required to take action on an item outside
of the regular meeting schedule. Study sessions are conducted to allow the City Council to
evaluate a single matter in a more in-depth manner. Both special meetings and study sessions
are typically scheduled in the evening on weekdays.
Prior to regular meetings, the City Council commonly holds joint meetings with community
groups and key stakeholders at 6:00 p.m. For example, the Council holds joint meetings with
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each of the City’s Commissions, the Saratoga Chamber of Commerce, and owners of the
Mountain Winery.
Additionally, the City Council usually conducts Commission Interviews prior to the regular
meeting.
Site visits are also occasionally scheduled in advance of the regular meeting, if necessitated by
an item on the regular meeting agenda, such as an appeal of a Planning Commission decision
on a project. Site visits are usually held the Monday or Tuesday morning prior to the regular
meeting.
Annual Retreat
The Council holds an annual daylong retreat in January or February. During the annual retreat,
the Council establishes priorities and a work plan for the year. The Mayor sets the agenda for
the retreat.
Closed Sessions
Closed sessions are sometimes scheduled before joint meetings as needed to discuss sensitive
matters, as authorized by the Brown Act. Litigation, personnel matters, labor negotiations, real
estate negotiations, and public security are some of the issues that can be discussed during
closed session.
City Council Agenda Packet
The City Clerk will send out the agenda packet by email for regular meetings no less than 72
hours prior to the regular meeting. The packet contains an agenda for the meeting as well as
staff reports on each item on the agenda.
An electronic copy of the packet is provided at regular meetings via iPad or laptop. The packet
is not distributed in paper format.
The public can access the packet through the City of Saratoga’s website. Printed copies of the
packet are also provided at the Saratoga Library and City Hall for public review and placed in
the Civic Theater lobby for review during the meeting.
Agenda Items and the Agenda Planner
Items may be placed on the agenda by the Mayor or the City Manager. Additionally, Council
Members may request that items be added to a future meeting by making the request at the
end of a regular meeting during the Council Items portion of the meeting. If a second Council
Member supports the request, the item will be added to a future meeting.
The City Manager and City Clerk hold weekly meetings with the Mayor and Vice Mayor to
discuss upcoming agenda items and set the agenda of future meetings.
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Future agenda items are identified on the Agenda Planner, which is emailed to the City Council
weekly. The Agenda Planner shows when items will go before the City Council, which section of
the agenda the item will appear under, and the staff person preparing the report on the item.
Types of Agenda Items
There are six different types of items that routinely appear on regular City Council agendas.
These include ceremonial items, special presentations, consent calendar items, public hearings,
old business, and new business.
- Ceremonial items include proclamations and commendations that recognize an
individual, group, or cause.
- Special presentations are typically informational only and do not require Council action.
Generally, special presentations are limited to 10 minutes or less.
- Items on the consent calendar are items of routine business and are passed in one
motion, unless a member of the public or a Council Member removes the item from the
consent calendar to discuss it or seek additional information.
- Public hearings generally require special notice and are often required by State law for
certain items, such as amendments to the zoning code. Public hearings may also have
special public input requirements. For example, appellants and applicants during a
public hearing on a Planning Commission decision appeal are each given ten minutes for
opening statements then five minutes each for closing remarks.
- Old business items have previously appeared on a Council agenda.
- Items that have not been on a Council agenda previously are heard under New Business.
Public Comment
Any member of the public comment may comment on any item on the agenda and may discus s
items not on the agenda under “Oral Communications on Non-Agendized Items.” Public
speakers are limited three minutes. Per Council Norms of Operation, if there are more than
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twenty identified speakers for a single item, the Mayor may reduce the amount of time allowed
per speaker to two minutes.
Length of Meetings
In 2013, the City Council adopted a resolution (included in the appendix) establishing guidelines
for the length of City Council and Commission meetings. The goal of the guidelines is to prevent
meetings from extending beyond midnight. If a meeting runs till 10:00 p.m., the presiding
officer should determine if the meeting will continue past midnight if all items on the agenda
are heard. If the presiding officer believes that the meeting will not adjourn by midnight then
the presiding officer should request a motion continue a sufficient number of agenda items to
the next regular meeting to allow the meeting to conclude by midnight.
Record of Council Meetings & Minutes
In 2009, the City Council adopted a resolution declaring the video recording of Council and
Planning Commission meetings to be the true meeting record. Regular meetings and other
meetings that occur in the Civic Theater are video recorded and shown live on KSAR and the
City’s website. Past meeting videos are also available on the City website.
This resolution also approved use of “action” minutes for City Council and Planning Commission
meetings. Action minutes document each action taken during a meeting, as opposed to serving
as a transcript or summary of a meeting.
A copy of this resolution is included in the appendix.
In addition to meeting videos and minutes, materials distributed to the Council during the
regular meeting (such as letters, speakers slips, or desk items) are scanned following the
meeting and posted on the City of Saratoga website.
COUNCIL RESPONSIBILITIES & POWERS
The City Council has numerous responsibilities and powers, such as setting policy for the City,
adopting laws, and setting the budget. The various roles and responsibilities of the City Council
are described in this section.
Appointment of City Manager and City Attorney
The City Council is responsible for appointing the City Manager and City Attorney. These are the
only two staff positions that report directly to the City Council. Both positions serve at the will
of the City Council.
Because both the City Manager and City Attorney report directly to the City Council, the Council
is responsible for performing an annual evaluation for staff in both positions. The City
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Manager’s evaluation is generally conducted in June while the City Attorney’s evaluation is held
in July.
The terms of both the City Manager and City Attorney’s employment are established by
contract.
Saratoga Commissions
In addition to these two staff appointments, the City Council makes appointments to the City’s
Commissions.
There are a total of six Commissions: the Heritage Preservation Commission, Library
Commission, Parks and Recreation Commission, Planning Commission, Traffic Safety
Commission, and Youth Commission. Created by Council legislation, all of Saratoga’s
Commissions were established to provide citizen input and advice in specific areas.
As advisory bodies, the Commissions are not authorized to set City policy. However, the
Planning and Heritage Preservation Commissions are authorized to make decisions on certain
types of applications. These decisions may generally be appealed to the City Council.
The Library and Parks and Recreation Commissions have five members. The Heritage
Preservation Commission, Planning Commission, and Traffic Safety Commission have seven
members. The Youth Commission has a total of eleven members, who are Saratoga residents in
school grades seven through twelve.
For most Commissions, the length of a full term is 4 years. Youth Commission terms are 2 years.
Additionally, the City Council may also appoint Commissioners to partial terms to fill an
unexpected vacancy or to properly align Commission terms. A partial term is not considered a
full term. If a Commissioner has served two full terms, he or she may apply to serve on that
Commission again after a 1-year break. Youth Commissioners may not serve consecutive terms.
Prior to appointment, applicants for a Commission position are interviewed by the City Council.
Interviews usually take place in the evening before the joint meeting. However, due to the large
volume of Youth Commission applicants, interviews for Youth Commissioners are usually held
on a separate evening. Applicants are required to attend a Commission meeting to be eligible to
interview with the City Council. If the City Council is able to make a selection following
interviews, the oath of office is usually administered at the next regular meeting of the City
Council.
All Commissioners serve at the pleasure of the City Council and may be removed through
Council action. Additionally, if a Commissioner is absent from three regular meetings in a 12-
month period without permission from the Chair (or in the case of the Chair, the Mayor), the
Commissioner’s office becomes vacant. The Commissioner may request that the vacancy be
excused by filing a letter with the City Clerk within 30-days of the effective date of vacancy. Any
Youth Commissioner who misses two meetings within a school year will be automatically
removed from the Commission, unless the absence is approved by the City Council.
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Role of the Mayor
The Mayor acts as the primary spokesperson and official representative of the City Council,
unless that responsibility is delegated by the Mayor, or otherwise assigned by a majority vote of
the City Council.
The Mayor presides at all meetings of the City Council, including regular meetings, special
meetings, joint meetings, and closed sessions. The Mayor calls meetings to order, leads the
Pledge of Allegiance, and generally facilitates the meeting.
The Mayor also executes official City documents, warrants and correspondence approved by
City Council. This includes resolutions, ordinances, and proclamations.
The Mayor serves as the primary contact for the City Manager to provide direction and advice
regarding routine planning and operational issues (i.e. meeting schedules, dispositions of
correspondences, etc.). Nothing in this section is intended to suggest that the position of Mayor
wields formal power or authority in excess of the other members of the City Council. Rather,
the person serving as Mayor is to be recognized as the leader of the Council, or first among
equals.
The Vice Mayor performs the functions of the Mayor in the absence of the Mayor.
Council Member Assignments
In addition to City Council meetings, Council Members are assigned to various outside agencies
and Council committees. Every December, the City Council reviews and updates the City Council
assignments. This includes assignments such as the City of Saratoga representative on the West
Valley Solid Waste Management Authority, Santa Clara County Cities Association, and
appointment to the Saratoga Finance Committee.
The assignments are established by the Mayor and voted upon by the entire Council. Before
assignments are finalized, Council Members may make assignment requests to the Mayor.
If a Council Member is unable to attend a meeting, he or she should notify their alternate (if
one is assigned). At the end of each regular City Council meeting, Council Members provide the
rest of the Council with updates on assignments.
The Deputy City Clerk maintains a City Council Outlook calendar that includes Council Member
assignment meetings. This calendar is described further in the Day-to-Day Business section of
this guide. Changes to assignment meeting schedules should be forwarded to the Deputy City
Clerk, so that calendar can be kept current.
Community Involvement
Council Members frequently attend community events, participate in neighborhood meetings,
and are members of local groups. Council Members receive numerous invitations to attend
events, such as ribbon cuttings, cultural festivals, and fundraisers.
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In addition to the Saratoga community, Council Members are also engaged on a regional basis.
Council Members may receive to invitations to attend regional events or may participate in
organizations, such as the League of California Cities.
During speaking engagements at public events, opinions expressed by an elected official do not
represent an opinion or position of the City Council as a whole unless the elected official has
been authorized to speak on behalf of the City Council.
Laws & Policies
The City Council is responsible for providing direction on preparation of laws and policies, as
well as adopting them.
With a few exceptions, local legislation is adopted by ordinance. Ordinances are adopted in two
parts. First, a public hearing is conducted for the first reading of the ordinance. Then, the
Council adopts the ordinance at a future meeting through the second reading. The ordinance
then goes into effect 30-days later. Most ordinances are then codified into the City Code.
However, some ordinances that do not set law or affect the Municipal Code are not codified.
The Planning Commission must review ordinances that affect the zoning regulations of the
Municipal Code (Chapter 15) before Council consideration of the ordinance. When the Planning
Commission reviews the ordinance, it makes a recommendation to the Council on the
ordinance.
Policies that set standards or guidelines for City operations are typically adopted by resolution.
Examples include the City’s E-Communications Policy or Median Banner Program Policy.
However, policies may also be adopted by ordinance. Resolutions do not require a first or
second reading.
The City Council also adopts and approves changes to the General Plan, which outlines
acceptable land uses within the City. The General Plan provides guidelines for growth and land
development now, as well as a long-term vision for the future. Consequently, all land use
decisions must be consistent with the plan.
The City of Saratoga’s General Plan includes 7 elements required by the State. These elements
provide a policy framework and goals on special topics, such as noise, circulation, or housing.
Additionally, the General Plan contains several different area plans and specific plans to provide
guidance for particular regions of the City.
The public has the right to create or challenge legislation. The public can do so through the
ballot initiative or referendum process. Ballots initiatives propose local legislation by placing the
matter on the ballot for decision by the voters. Referenda are citizen-initiated challenges to
recent Council-adopted legislation, which is placed on the ballot for decision by the voters.
Ordinances and some resolutions are subject to referendum. Additionally, members of the
public may challenge a City decision or policy through a lawsuit.
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Adjudication & Due Process
Certain matters require adjudication by the Council, such as appeals of Planning Commission
decisions. These matters require the Council to provide due process and fair treatment to the
parties involved.
During hearings on Planning Commission appeals, hearings typically follow the following
process:
1. Mayor announces the item and explains process for hearing.
2. Staff gives report, followed by Council Member questions for staff.
3. Appellant and/or representative gives opening remarks for up to 10 minutes. Council
may ask appellant and/or representative questions.
4. Applicant and/or representative gives opening remarks for up to 10 minutes. Council
may ask applicant and/or representative questions.
5. Public comment on the item, not including appellant or applicant. The public may
comment for up to 3 minutes, unless there are 20 or more people requesting to speak
and the Mayor or City Council has reduced the comment time per person.
6. Applicant and/or representative gives closing remarks for up to 5 minutes. Council may
ask appellant and/or representative questions.
7. Appellant and/or representative gives closing remarks for up to 5 minutes. Council may
ask applicant and/or representative questions.
8. Mayor closes the public hearing. If the City Council has additional questions for the
appellant or applicant after the public hearing is closed, the other party must be given
opportunity to respond.
9. Council discusses item.
10. Council takes action (uphold, reverse, or modify the Planning Commission decision or
refer back to the Planning Commission for further action directed by the Council ).
Hearings on Planning Commission appeals are de novo hearings. Consequently, the City Council
may review all aspects of a project that has been appealed.
City Property
The City Council is responsible for making decisions related to City property, including the
purchase, sale, and type of use allowed for City property. Examples of City property include,
City buildings, parks, road right-of-way, and trails.
Fees & Assessments
The City Council has the authority to set fees for City facilities and services. For example, the
City charges fees for building and planning approvals. These fees may not exceed the
reasonable cost of providing those facilities or services.
Additionally, the City Council may create assessment districts or zones within existing districts
to pay for public facilities. These assessments require property owner approval. There are a
number of landscaping assessment district zones in the City of Saratoga. The City maintains the
landscaping in these zones and pays for the cost of maintenance through an assessment
collected through the property tax bill of property owners.
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Labor Negotiations
The City Council oversees and provides direction on negotiation of labor agreements. The City
has some form of agreement with several different groups. These include: City Manager
contract, City Attorney contract, Saratoga Management Organization memorandum of
understanding (MOU), Saratoga Employee Association MOU, Northern California Carpenters
Regional Council, Carpenters Forty Six Northern California Counties Conference Board and Their
Affiliated Local Unions (Union) MOU, and unrepresented employees resolution.
Litigation
In the event that the City is sued or chooses to initiate litigation, the City Council is responsible
for providing direction on the litigation. The City Attorney serves as the chief counsel on legal
matters and selects counsel to represent the City in litigation in consultation with the City
Council.
Budget
In June of each year, the City Council adopts an annual Operating and Capital Budget and
update to the five-year Capital Improvement Plan for the following fiscal year running July 1 to
June 30. This budget document serves as the City’s annual financial and operational plan and
includes the City’s fiscal policies to provide guidance in the implementation of the budget.
At the beginning of the calendar year, a report on the status of the mid-year budget and
updated five-year forecast is presented to the Council. This mid-cycle review allows the Council
to implement any current year course corrections or directives for the upcoming fiscal year. In
the spring, the Council holds a Budget Study Session to review operating and capital budget
recommendations. The final proposed budget is then presented to the Council for review in
May and for adoption in June.
The Capital Improvement Plan (CIP) Project Process Policy, establishes procedure for staff and
City Council Members to propose capital projects. Members of the Council may nominate a
project to the CIP Candidate List during the Council Items portion of regular meetings. If the
project is supported by at least one other Council Member, the project will be added to the CIP
Candidate List for review during the Council Retreat.
Prior to the Retreat, staff will collect additional information about the candidate projects, such
as preliminary project scope, cost, and timeline. All current funded and unfunded CIP project
information is then distributed to the Council to prepare for review and discussion at the
Retreat. During the Council Retreat, the Council will provide consensus direction on which
projects will proceed to the Proposed Capital Budget as is, with changes, eliminated from
consideration, or added to the CIP Unfunded Project List for review the next year. In the spring,
projects are reviewed with Council a final time during the Budget Study Session. Direction from
the study session is used to prepare the CIP that is presented as part of the proposed budget in
May.
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Contracts
Per the Public Contract Code and City purchasing policy, certain contracts must go before the
City Council for approval. Service contracts that are $25,000 or more require Council approval.
Public Works contracts, where something is being built or constructed, that are over $175,000
require Council approval. Funding for a contract must already be reflected in the budget before
the City Manager can sign it, even if the contract is within the City Manag er’s signing authority.
Additionally, Government Code 1090, with a few limited exceptions, prohibits the City from
making a contract in which a City Council Member has a financial interest, even if the Council
Member does not participate in the decision.
ETHICS, PUBLIC RECORDS, AND OPEN MEETINGS
There are a number of State laws that Council Members must comply with. Some of the most
significant State laws include the Political Reform Act (Gov’t Code 81000 et seq.), Public Records
Act (Gov’t Code 6250 et seq.), and the Brown Act (Gov’t Code 54950 et seq.). Additionally, the
Saratoga City Council adopted its own Code of Ethics and Values in 2008 to promote and
maintain the highest standards of personal and professional conduct in the City’s government.
Political Reform Act
The Political Reform Act is intended to prevent potential conflicts of economic interest. The law
requires that most state and local government officials disclose their personal income and
assets, as well as disqualify themselves from participating in decisions that may impact their
personal economic interests. As a result, local elected officials in Saratoga must annually
disclose their economic interests through the Form 700 – Statement of Economic Interests.
The Form 700 is filed annually with the City Clerk. The annual statement is typically due during
the first week of April. The Form 700 must also be filed when assuming and leaving office.
State law establishes a number of mandatory Form 700 filers, which includes Council Members.
Local governments are also required to adopt their own Conflict of Interest Codes to specify
positions (outside of the list of mandatory filers determined by the State) that must disclose
economic interests. The Code includes a listing of all positions in the organization that involve
making or participating in making decisions that could have a material effect on any financial
interest. This includes making substantive recommendations that are regularly approved
without significant amendment or modification, as well advising or making recommendations
to a decision-maker directly or without significant intervening substantive review. The Political
Reform Act also requires that the Conflict of Interest Code and list of positions required to
disclose financial interests be reviewed and updated as needed every to years.
A copy of the Conflict of Interest Code is included in the appendix and available on the City of
Saratoga website.
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The Form 700 is public record. Any member of the public is permitted to inspect and copy any
statement during normal business hours.
If a public official has a conflict of interest, the Political Reform Act may require the official to
disqualify himself or herself from making or participating in a governmental decision, or using
his or her official position to influence a governmental decision. In general, the Political Reform
Act provides that a conflict of interest exists where:
An official makes, participates in, or uses his or her official position to influence
governmental decisions;
It is foreseeable that the decision will affect the official’s financial interest;
The effect of the decisions on the official’s financial interest will be material; and
The effect of the decision on the official’s financial interest will be distinguishable from
its effect on the public generally.
This is a summary of a more complicated set of rules. For more information, see the website of
the Fair Political Practices Commission at www.fppc.ca.gov. A conflict of interest may exist
under other rules as well. Council Members are encouraged to consult with the City Manager
whenever they believe they may have a conflict.
Disclosure of Campaign Contributions and Expenses
In addition to disclosing economic interests, the FPPC requires that office holders with an open
campaign committee file regular campaign disclosure statements. Committees are required to
file several campaign finance disclosure statements throughout the year and just before the
election using the Form 460 – Recipient Committee Campaign Statement or the Form 470 –
Officeholder and Candidate campaign Statement Short Form.
The Form 460 must be filed semiannually with the City Clerk by July 31 for the period from
January 1 to June 30 and by January 31 for the period between July 1 and December 31. Office
holders may also be required to file additional disclosures with the City Clerk during election
years if an office holder uses committee funds to contribute to a candidate or ballot measure.
Contributions and expenditures, including loans and non-monetary contributions or
expenditures, in the amount of $100 or more must be itemized on the report. The name,
address, occupation, and employer of individuals who have contributed $100 or more, including
loans and non-monetary contributions, must be noted in the itemized report. Contributions and
expenditures that are less than $100 do not need to be itemized, but must still be reported.
Cash contributions and expenditures of $100 or more are prohibited. Additionally, anonymous
contributions of $100 or more in a calendar year are not permitted. If a donation is made by an
intermediary on behalf of another individual or organization, the intermediary must disclose his
or her full name, address, occupation, employer, as well as the full name, address, occupation,
and employer of the donor.
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Individuals who receive less than $1,000 in campaign contributions or spend less than $1,000 in
a calendar year may use the Form 470, a shorter version of the Form 460, for semi-annual
disclosures. Additionally, Council Members who receive a stipend from the City and do not have
an open campaign committee must file the Form 470 with the City Clerk annually.
The City Clerk will send reminders and copies of the disclosure forms to City Council Members
prior to the filing deadlines.
Mandatory Ethics Training
The Political Reform Act also requires members of local legislative bodies that receive any type
of compensation, salary, stipend, or reimbursement for expenses from the local agency, to
participate in a minimum of 2 hours of ethics training every two years. This training is
commonly referred to as Assembly Bill (AB) 1234 Training. Because the members of the
Saratoga City Council receive a stipend, Council Members are required to participate in ethics
training every two years. The City Clerk is responsible for maintaining ethics training records
and notifying those subject to ethics training when their certification expires.
The Fair Political Practices Commission provides free online AB 1234 ethics training that meets
ethics training requirements. For more information, please visit
http://www.fppc.ca.gov/index.php?id=477.
Additional information about the Political Reform Act is available online on the following
websites:
http://ag.ca.gov/publications/coi.pdf?
http://www.ca-ilg.org/ethics-transparency
The appendix also includes additional information about the Political Reform Act and local
government ethics.
Mandatory Harassment Training
California State law, AB 1825, requires harassment training for any employee that performs
supervisory functions within an organization of 50 or more employees. Per the law, members of
the City Council qualify as supervisors and are therefore subject to the harassment training
requirements. A total of 2 hours of training is required every two years. New members of the
City Council must obtain training within 6 months of assuming office.
The City of Saratoga’s Human Resources Division oversees th is training requirement. The City
provides web-based training to meet the AB 1825 requirements.
City of Saratoga Code of Ethics and Values
In 2008, the Council adopted the City of Saratoga Code of Ethics and Values with the intent of
establishing the highest standard of professional conduct among the City’s elected officials,
Commissioners, and staff. The Code of Ethics and Values is included in the appendix.
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California Public Records Act
The California Public Records Act was adopted in 1968 and allows any member of the public to
inspect local government records. While there are a few exceptions to the law, the public may
generally request any public record. Government Code Section 6252 defines public records as
“any writing containing information relating to the conduct of the public’s business prepared,
owned, used, or retained by any state or local agency regardless of physical form or
characteristics.” Examples of public records include Council Meeting Minutes, resolutions,
agreements, and City email communications.
A summary of the California Public Records Act is available on the Attorney General’s website at
http://ag.ca.gov/publications/summary_public_records_act.pdf?.
Additionally, a booklet on the Public Records Act is included in the appendix.
The Brown Act
Passed in the 1950s, the Brown Act guarantees the public’s right to attend and participate in
the meetings of local legislative bodies. The State law requires that:
- Meetings of a legislative body are properly noticed and open to the public;
- Members of the public have the opportunity to comment before or during the meeting
on agenda items or items not on the agenda; and
- The legislative body conducts votes (except those permitted to take place in closed
session) in a public meeting.
There generally may be no action or discussion by Council Members on any item not appearing
on the posted agenda. Council Members may only briefly respond to statements made or
questions posed about items not on the agenda; they may request that the topic be agendized
for a future meeting. The Brown Act also requires that Council meetings be held in a facility that
is accessible to handicapped individuals.
The definition of “meeting” includes any action among a majority of the Council to hear,
discuss, or deliberate upon an item that is within the subject matter jurisdiction of the Council.
The Brown Act specifically prohibits the use of any series of communications of any kind (e.g.,
telephone, fax, or email) directly or through intermediaries, to discuss, deliberate, or take
action on any item of business that is within the Council’s authority.
A Council majority may attend the following gatherings without following meeting notice
requirements and other rules pertaining to regular meetings (provided City business is not
discussed as part of the meeting or in breaks): (1) meetings or conferences on general issues
that are not City specific; (2) meetings organized by others to address topic(s) of local
community concern; and (3) social or ceremonial functions.
Regular and Special Meeting agendas must include opportunities for public input. A public
comment period is allowed at the beginning portion of the meeting when members of the
public may speak to any relevant topic, regardless of whether that issue is on the agenda for
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that meeting. The public is also allowed to speak to each item on the agenda as it is being
discussed in the meeting. Public testimony in both portions of the meeting is limited, typically
to three minutes.
Although the City encourages individuals testifying before City Commissions and the City
Council to identify themselves to facilitate staff follow-up where needed, the Brown Act makes
clear that the City may not require that disclosure or require any other information.
Additionally, the Council may not prohibit public criticism of the policies, procedures, programs,
or services of the Council or of the acts or omissions of the Council.
Any person attending an open and public meeting of the City Council has the right to record the
proceedings with an audio or video tape recorder or a still or motion picture camera unless it
constitutes a persistent disruption of the proceedings.
In addition to the above provisions, the Brown Act includes rules for proper noticing of various
types of public meetings, regulations relating to the conduct of closed sessions, and penalties
for the conduct of an unlawful meeting. The Brown Act is complex. Questions concerning the
Act should be directed to the City Manager, City Attorney, or City Clerk.
A summary of the Brown Act is available on the Attorney General’s website at
http://ag.ca.gov/publications/brownAct2003.pdf?. A booklet on the Brown Act is included in
the appendix.
City Records
The City maintains records in accordance with the Council adopted retention schedule. This
document details the various types of records that the City possesses and states how long
different records must be retained. City Council authorization is required before any records
may be destroyed. Staff prepares a request for disposition of City records twice per year.
City keeps records in both paper and electronic format. Records that have permanent retention
periods, are retrieved frequently, have historical value, or inform operations of the City are
converted to electronic format and stored in the City’s electronic document management
system – Laserfiche. Examples of these records include resolutions, contracts, and City
publications.
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COUNCIL POLICIES
From time to time, the City Council adopts policies that regulate and guide Council actions.
These policies are generally resolutions and referred to as Council Policies.
Council Norms of Operation
The Council Norms of Operation was first adopted in 2004 and has been revised several times
since then. The Council Norms of Operation establishes standards for Council operations in six
broad areas: meeting operations, relations with City staff, Council and Commission
relationships and relationships with other government bodies, handling of litigation, business of
the Council, and rules of order. The Norms also includes guidelines for audience behavior
during City Council Meetings.
The full policy is included in the appendix.
Mayoral Rotation Policy
In 2010, the Council adopted a policy to establish a rotational order for the position of Mayor
and Vice Mayor. Each December, the Council elects one of its members to serve as Mayor and
one to serve as Vice Mayor. Council Members are placed into the queue for Mayor and Vice
Mayor based on when they are elected and the number of votes they receive. Council
Members elected in the same election are placed in the queue based on the number of votes
they receive.
In years where there is a contest for 3 positions on the Council, the Council Member who
receives the third least votes will not be placed in the queue for Mayor or Vice Mayor unless
one of the eligible Council Members is unable to serve. Council Members who are appointed
are also not eligible to be placed in the rotation for Mayor or Vice Mayor.
The policy for rotation of Mayor and Vice Mayor is included in the appendix.
E-Communications Policy
The City’s E-Communications Policy, adopted in 2010, describes proper use of electronic media
and devices by Council Members and Commissioners. The policy requires both Council
Members and Commissioners to use a City-issued email account for all email communications
associated with City business, including emails from the public on an upcoming agenda topic.
Personal email accounts may not be used to conduct official City business.
The policy also prohibits discussion or exchange of facts about City issues via e-
communications. This may include email, online forums, social media, or blogs. This provision is
intended to prevent conflicts with the requirements of the Brown Act.
Additionally, when emails or other forms of e-communication are sent to a quorum of the
Council from a member of the public, the Mayor or Mayor’s designated representative is
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expected to respond on behalf of the Council. Staff is available to assist with preparing
responses.
During Council Meetings, use of e-communications (for example, use of a phone, sending
emails, or text messaging) is prohibited. This does not include telephone calls or other
messages sent in the event of an urgent family matter.
Saratoga Rules of Order
In 2009, the Council moved from Robert’s Rules of Order to the Saratoga Rules of Parliamentary
Procedure. The City’s rules of order are based on Rosenberg’s Rules of Order, a simplified
version of rules of parliamentary procedure. The rules of order were adopted as part of an
amendment to the City Council Norms of Operation.
Council and Commission Expense Policy
In March 2015, the City Council adopted the Council and Commission Expense Policy. This
policy describes how City funds can be used by City Council Members and Commissioners for
training and travel purposes.
The policy is included in the appendix.
DAY-TO-DAY COUNCIL BUSINESS
Council Stipend & Benefits
Members of the City Council receive a stipend of $3,000 per year, paid out in monthly
payments. Additionally, Council Members may elect to participate in the California Public
Employees’ Retirement System (CalPERS) while in office. Council Members may choose to
participate in CalPERS at any point while in office, but retirement membership is effective on
the date the Council Member elects to participate in the retirement benefit – not the date
elected to office. Council Members, who choose to participate in the CalPERS retirement
program, contribute 7% of their stipend to the program. The City also contributes to the
retirement plan. Effective January 1, 2013, new members are eligible for the CalPERS 2% at 60
years plan.
Additionally, Council Members in the CalPERS retirement plan are also eligible to participate in
the CalPERS health plan. The elected official is responsible for paying 100% of the cost of the
health plan.
Council Members interested in CalPERS retirement benefits and health plan are encouraged to
speak with the Human Resources Manager.
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Council Calendar
The City maintains a calendar of City Council meetings, events, and activities. This includes
regular Council Meetings, closed sessions, Council assignments, and events taking place in the
community. Staff also uses the Council Calendar to track when Council Members are out of
town.
The calendar is maintained in Outlook and Council Members can access the calendar through
their phones and other smart devices. Additionally, the calendar is sent out weekly with the
Council Newsletter.
If changes in assignment meeting schedules occur, members of the Council can send those to
the Deputy City Clerk who will update the Council Calendar accordingly.
Council Newsletter
Every week, City staff sends out a newsletter to the City Council containing news and updates
from each of the City’s departments. The newsletter also includes weekly updates from the
Sheriff’s Office and call information for the Santa Clara County Fire Department.
Access to City Email
City email addresses are issued to every member of the City Council. The City email account can
be accessed using the Microsoft Outlook Web App and instructions on how to access City email
accounts is included in the appendix. Staff is available to help Council Members who wish to
access their City email account through their phone or other smart devices.
Communications and Inquiries
Per the City Council Norms of Operation, written communications (including letters and emails)
sent to the Mayor and City Council Members will be circulated to all members of the Council by
staff. In the event that a response is warranted or required, staff will work with the Mayor to
prepare a response. The response will be distributed to the City Council.
Written communications will be provided in electronic format or hard copy. Paper copies will
be left in Council Member inboxes in the City Manager’s Office copy room.
Crisis Communications
In 2015, the City established a Crisis Communications Plan to ensure that the City quickly and
effectively communicates information to the community in the event of a disaster. The plan
includes strategies that the City will follow to provide the public with timely information, as well
as minimize rumors or false information.
A copy of the Crisis Communications Plan is included in the appendix.
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Council Meeting Meals
The City has a longstanding practice of providing dinner for City Council meetings that begin at
6:00 p.m. or earlier and are expected to extend beyond 7:00 p.m. Staff should be informed of
any dietary restrictions or needs.
Additionally, meals are provided for lunch meetings and upon request for morning and evening
meetings.
Change of Contact Information
In the event that a Council Member’s contract information, such as address or phone number,
changes, the Council Member should contact the City Clerk and complete an updated
Authorization to Release Personal Information.
Access to City Hall
Doors to the City Manager’s Office/Administrative Services building, Community
Development/Public Works Building, and Civic Theater can be unlocked during non-business
hours using an electronic key card. A key card is issued to each Council Member.
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APPENDIX
Council Policies
Council Norms of Operation (includes Saratoga Rules of Order)
Mayoral Rotation Policy
E-Communications Policy
Meeting Length Guidelines
Action Minutes
City of Saratoga Conflict of Interest Code
City of Saratoga Code of Ethics and Values
Council and Commission Expense Policy
Day-to-Day Council Business
Email Access Instructions
Granicus/iLegislate Agenda Packet Access Instructions
Crisis Communications Plan
Local Government Resources
Understanding the Basics of County and City Revenues
The People’s Business: A Guide to the California Public Records Act
Open & Public IV: A Guide to the Ralph M. Brown Act
Understanding the Basics of Public Service Ethics Laws
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CITY OF SARATOGA
CITY COUNCIL NORMS OF OPERATION
(Adopted via Resolution 13-061)
Section 1. OPERATION OF CITY COUNCIL MEETINGS
A. City Council Meetings shall be run following the outline listed in Section 6.B. of this
document. Each item shall be introduced by the Mayor and heard in accordance with the
Rules of Parliamentary Procedure attached hereto as Exhibit A.
B. The Mayor may place an item anywhere on the agenda. Two City Council members may
place an item on the agenda.
C. A single City Council Member may place on item on the agenda under City Council
Member Items. Items under this manner shall have a limited staff report, if appropriate. No
significant resources (more than three hours of staff time) shall be used by staff until the
Council gives direction on the item. The Mayor shall determine when three hours of effort
has been utilized.
D. If an item appears again in a future Council meeting, it shall be heard under Old Business.
Items placed under public hearings shall only be those that are defined by law as requiring
a special notice and a public hearing or those called by City Council on its own volition.
E. In order to ensure that all members of the public have an opportunity to speak and that the
Council is able to complete its business, there will be a three-minute limitation on
comments by the public except for applicants and appellants at public hearings or as
otherwise provided by law. In order to effectively enforce this rule, the City Clerk will
monitor the time for each speaker with an electronic timer. The timer will beep at the one-
minute remaining point, and again at the three-minute point. If there are more than twenty
(20) identified speakers for one item at the beginning of the public comment period or
public hearing, the Mayor may adjust the three-minute time down to two minutes per
speaker.
F. Closed sessions of the City Council shall generally be conducted prior to the 7:00 p.m.
business portion of regular meetings. If necessary, Closed Sessions not completed prior to
the 7:00 p.m. business portion will be considered at the conclusion of the business portion
of the meeting, or as otherwise determined by the City Council. Special Council Meeting
may be called by the Mayor with proper public notice.
G. Members of Council should not engage in debate with a member of the public or Staff at
Council meetings since these debates seldom resolve concerns and many times inflame
feelings at a public meeting. Any concerns by a member of Council over the behavior or
work of a City employee during a Council meeting should be directed to the City Manager
privately to ensure the concern is resolved.
H. Prior to the close of the public hearing or comment period Councilmembers may ask
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questions of anyone in the audience. The public hearing and comment period are the
times for Council to receive evidence. Once the hearing or comment period is closed, the
Council deliberates based on that evidence. While Council may elect to re-open a
hearing or comment period (assume no prejudice to the rights of an applicant or
appellant) it should make every effort to get all the information it needs while the hearing
or comment period is still open. If the Council asks questions after the final presentation
of the applicant/appellant in a permit-related hearing the Council would need to provide
the applicant/appellant with an opportunity to rebut the answers to the questions. While
these rules need not apply as strictly to hearings where due process is less of an issue
(i.e., an ordinance amendment) a uniform set of rules for all public hearings and comment
periods is desirable.
I. The Mayor may, with Council concurrence, schedule Council review of agenda items out
of their prescribed order on the printed agenda if a large number of the public are present to
speak on agenda item.
J. Persons in the audience will refrain from behavior which will disrupt the public meeting.
This will include making loud noises, clapping, shouting, booing, hissing or engaging in
any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the
meeting. Persons in the audience will refrain from creating, provoking or participating in
any type of disturbance involving unwelcome physical contact. Persons in the audience will
refrain from using cellular phones and/or pagers while the meeting is in session.
Appropriate attire, including shoes and shirts, are required in the Council Chambers and
other Council meeting rooms at all times. Persons in the audience will not place their feet
on the seats in front of them. No food, drink (other than bottled water with a cap), or
chewing gum will be allowed in the Council Chambers and other Council meeting rooms,
except as otherwise pre-approved by City staff. All persons entering the Council Chambers
and other Council meeting rooms, including their bags, purses, briefcases and similar
belongings, may be subject to search for weapons and other dangerous materials.
Section 2. CITY COUNCIL RELATIONS WITH CITY STAFF
A. There shall be mutual respect from both Staff and Councilmembers of their respective roles
and responsibilities when and if expressing criticism in public session.
B. City Staff shall acknowledge the Council as policy makers and the City Council shall
acknowledge Staff as administering the Council's policies.
C. All written requests for information or questions by City Councilmembers to Staff shall be
directed to the City Manager, City Attorney, City Clerk, or Department Managers (wit h a
copy to the City Manager). All complaints should be submitted to the City Manager or, if a
complaint concerns the City Manager, to the City Attorney.
D. All written informational material requested by individual Councilmembers shall be
submitted by Staff to all Councilmembers with the notation indicating which
Councilmember requested the information.
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E. Council shall not attempt to coerce Staff in the making of appointments, the awarding of
contracts, the selection of consultants, the processing of development applications, the
granting of City licenses or permits. The Council shall not attempt to change or interfere
with the operating policies and practices of any City department.
F. Mail that is addressed to the Mayor and City Council shall be circulated by the City Clerk
to the City Council with a comment as to which Staff person will be assisting the Mayor in
preparing a response. The Mayor's response, in addition to the original communication, will
be submitted to the City Council for their information.
G. The City Clerk shall not open mail addressed to an individual Councilmember unless
requested to do so by the Councilmember.
H. Individual Councilmembers shall not direct Staff to initiate any action or prepare any report
that is significant in nature or initiate any project or study. All such direction shall be
provided by the City Manager or by action of a majority of the City Council at a City
Council meeting. Councilmembers may ask for limited resources and information for
items that are on an agenda as long as any information is distributed to all City
Councilmembers
Section 3. CITY COUNCIL AND COMMISSION RELATIONSHIP AND RELATIONSHIPS
WITH OTHER CITY COMMISSIONS AND OTHER BODIES
A. Members of the City Council should not attempt to influence or publicly criticize
commission recommendations, or to influence or lobby individual commission members on
any item under their consideration. It is important for commissions to be able to make
objective recommendations to the City Council on items before them. Members of Council
that attempt to strongly influence commission positions on an item may prejudice or hinder
their role in reviewing the commission's recommendation as a member of the City Council.
B. Individual Councilmembers and Commissioners shall have the right to attend meetings of
other governmental bodies but shall refrain from speaking or becoming involved in the
meeting's discussions. If asked a question, the Councilmember person or Commissioner
should indicate that he/she can only provide a personal opinion and does not speak for the
Council or Commission as a whole.
C. If a member of the City Council or a Commission appears before another governmental
agency or organization except as a member of outside agency appointed by the City
Council to give a statement on an issue affecting the City, the Councilmember or
Commissioner should first indicate the majority position and opinion of the Council or
Commission (if any). Personal opinions and comments may be expressed only if the
Councilmember or Commissioner clarifies that these statements do not represent the
position of the City Council or Commission.
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Section 4. CITY COUNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL
INFORMATION
A. City Councilmembers shall keep all written materials and verbal information provided to
them on matters that are confidential under State law in complete confidence to insure
that the City's position is not compromised. No disclosure or mention of information in
these materials shall be made to anyone other than Councilmembers, the City Attorney or
City Manager.
B. All negotiations and other contacts concerning matters that have come before the City
Council in closed session (including, but not limited to, property acquisition or disposal, a
pending claims or litigation, and/or employee negotiations) with the other party and/or
party’s agents or other representatives shall be limited to, and made by, the designated
City staff representative handling the negotiations, claim or litigation unless the City
Council has directed that a specific Council member to assist staff in negotiations. Except
as authorized above, no Councilmember who has participated in any closed session shall
have any contact or discussion with the other party or its agents or representatives
concerning the matter under consideration except during public meetings of the City
Council. All public statements, information and press releases shall be handled
exclusively by the City’s designated spokesperson.
Section 5. BUSINESS OF THE CITY COUNCIL
A. Seating Arrangement of the City Council – The Mayor shall be seated on the left of the five
members of the City Council. The Vice Mayor shall be seated to the right of the Mayor.
The Councilmember with the most seniority shall be seated to the right of the Vice Mayor
and the remaining Councilmember shall be seated to the right of the most senior Council
member. The outgoing Mayor shall be seated to the far right of the Vice Mayor. When
there is no outgoing Mayor the remaining Councilmembers shall be seated based upon
length of service on the City Council with the most senior member seated to the right of the
Mayor. In the case of members having been elected at the same time, seniority shall be
determined by the number of votes received at the election. The highest vote getter shall be
considered senior and so on. The City Clerk shall arrange nameplates at the Council dais
at all Council meetings to assure this seating arrangement is followed.
B. City Council Reorganization – The City Council Reorganization shall be held at a special
meeting before the first regular meeting of December and after the certification of the
election results during election years. The floor shall be open to nominations for the
purpose of electing a Mayor and Vice Mayor to serve for the following year. Such elections
shall be made by majority vote of the Council members present at the meeting. The Mayor
and Vice Mayor shall assume the duties of their respective offices immediately upon
election. The Mayor and Vice Mayor shall serve a one-year term at the pleasure of the
Council. In election years the date of the special meeting referenced above may be changed
by the City Clerk as necessary to ensure compliance with State election laws.
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C. Mayor and Council Roles – The Mayor shall act as the primary spokesperson and official
representative of the City Council, unless such responsibility is delegated by the Mayor, or
otherwise assigned by a majority vote of the City Council. The Mayor shall preside at all
regular, adjourned, and special meetings of the City Council, including joint meetings with
commissions and closed sessions. The Mayor shall execute all official City documents,
warrants and correspondence approved by City Council. The Mayor shall serve as the
primary contact for the City Manager to provide direction and advice regarding routine
planning and operational issues (i.e. meeting schedules, dispositions of correspondences,
etc.) Nothing in this section is intended to suggest that the position of Mayor wields formal
power or authority in excess of the other members of the City Council. Rather, the person
serving as Mayor is to be recognized as the leader of the Council, or first among equals.
The Vice Mayor shall serve and perform the functions as Mayor in the absence of the duly
elected Mayor.
D. Council Committee/Agency Assignments
Every December immediately following the City Council reorganization the Mayor shall
announce that new appointments for Committee/Agency Assignments are necessary. A list
of committee/agency assignments shall be given to each Councilmember and each
Councilmember shall provide the City Clerk with a list of the Committee/Agency
Assignments in which the Councilmember is interested. The Mayor shall propose
appointments for Council approval at the City Council meeting immediately following the
reorganization.
E. Ex Parte Communications
An Ex Parte Communication occurs when a Council member receives information from a
member of the public outside of a public meeting concerning a matter to be heard by the
City Council. Ex Parte communications are an inherent part of the City of Saratoga’s
commitment to allowing City residents ample opportunity to consult with elected
officials both inside and outside of public meetings. At the same time, the City is
committed to the principle that the business of the public should be conducted in public,
to ensure that citizens are afforded the opportunity to participate in the making of
decisions that affect their lives, and the means to evaluate choices made by the City and
its officers.
Where a City Councilmember has received information outside of a public meeting that
the Councilmember believes has a bearing on the decision and that is not reflected in the
staff report presented to the Council and the public, the Councilmember should provide
that information to the rest of the Council and the public following the staff report and
prior to beginning of public testimony on the matter. This will allow the public and other
members of the Council to consider the information in forming their views on the
decision at hand.
In addition, persons affected by the decision will also have the opportunity to know the
evidence on which the decision is to be based and have an opportunity to comment on it
and, if need be, to rebut it. This approach allows all members of the public access to
elected officials and to the rationale for decisions made by those officials.
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F. Issuing Proclamations and Commendations
A proclamation is prepared at the discretion of the Mayor to proclaim a specific date or
event. Proclamations are prepared for signature by the Mayor. They may be presented at
a City Council meeting or at an event or meeting outside the City Council meeting.
A commendation is prepared at the discretion of the Mayor. A commendation may be
issued for accomplishments such as:
¥ Athletic/academic accomplishments
¥ Act of heroism
¥ Youth Accomplishments
¥ A Community Organization’s Citizen of the Year
¥ A Community Organization’s Business Person of the year
¥ Outgoing elected officials
¥ Outgoing City Commissioners
Commendations are prepared for signature by the Mayor. They may be presented at a
City Council meeting or at an event or meeting outside the City Council meeting.
Section 6. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS
A. Time of Meetings
Regular meetings of the City Council shall be held on the first and third Wednesday of each
month in the Civic Theater commencing at 7:00 p.m. Special meetings shall be held as
necessary and convenient on the second or fourth Tuesday of the month commencing at 7:00
p.m. or at such other time as may be necessary or convenient.
B. Order of Agenda
The following is the usual order of agenda items for regular Council meetings. The Mayor
with the concurrence of Council can change the order in which items on the agenda are
heard.
¥ Open Session – The Mayor opens the meeting in the Administration Conference Room at
City Hall, to allow the public an opportunity to comment on closed session items before
the Council adjourns to Closed Session, as required by law. Commission interviews are
also done at this time.
¥ Joint Meeting with City Commissions – Reserved time for Commission members to meet
with the City Council for their yearly update.
¥ Closed Session – Immediately following open session, the Council adjourns to closed
session in the Administration Conference Room at City Hall. Start times may vary
depending on volume of closed session items and the estimated time required to conduct
the closed session. The items are listed on the agenda as required by law; however this
meeting is not open to the public.
¥ Mayor’s Report on Closed Session – The Mayor is required to announce any action taken
during closed session before reconvening to the open session of the regular meeting.
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¥ Call to Order – the Mayor calls the regular meeting to order.
¥ Pledge of Allegiance - The Mayor may lead or call upon a member of the public or staff
to lead the pledge.
¥ Roll Call – A quorum constituting 3 of the 5 members of the Council is required to
conduct any Council meeting. The City Clerk calls the roll.
¥ Report of Posting of the Agenda – The City Clerk reports on the posting of the agenda as
required by law.
¥ Oral Communications – During this portion, any persons who wish to address the City
Council on a subject not on the agenda may do so. Oral communications are not intended
as the means for debate or decision-making, but only for making a presentation in person.
Comment shall be limited to three minutes for members of the public who wish to speak
¥ Communications from City Commissions – Reserved time for Commission Chairs, or
designated representative, to report information to the City Council or request direction.
¥ Council Direction to Staff –Reserved time for the City Council to request follow up on
Oral/Commission Communications.
¥ Announcements - Reserved time for the Mayor to make special announcements.
¥ Ceremonial Items–These items include presentation of proclamations, commendations,
appointments, administration of Oath of Office and special introductions.
¥ Special Presentations – reserved time for groups, agencies, persons to speak to the
Council on special items.
¥ Consent Calendar–These items are routine and non-controversial items of business. Items
in this section will be acted in one motion, unless removed by the Mayor or a
Councilmember. Any member of the public may speak to an item on the Consent
Calendar, or request the Mayor remove an item for discussion. Resolutions concerning
decisions made at previous meetings are for the purpose of memorializing the decision to
assure the accuracy of the findings, the prior vote, and any conditions imposed.
¥ Public Hearings – There are two kinds of public hearings, those required by law and
those called by the City Council of its own volition. In either event, the purpose is to
provide an opportunity for all interested persons to be heard.
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
¥ Old Business – These are general items, which have been considered by the Council at a
previous meeting.
¥ New Business – These are general items, which have not been previously considered by
the Council.
¥ Council Reports on Committees– Provides members of the Council an opportunity to
report on agency/commission assignments.
¥ City Councilmember Items – Provides members of the Council an opportunity to
introduce discussion/action on items not currently before the Council for consideration.
¥ City Manager Items – City Manager or City Attorney may bring up other items of interest
or make announcements under this section.
¥ Adjournment–The Mayor may adjourn the meeting to a date specific. If no date specific
is announced, the next meeting will be the next regularly scheduled Council meeting.
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8
C. Disruptive Comments and/or Conduct
No person who addresses the Council shall make any belligerent, personal, impertinent,
irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark,
statement or commentary toward the Council, staff or other individuals in a manner which
disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting, nor
shall any such person engage in any other disorderly conduct which so disrupts, disturbs or
impedes the orderly conduct of the meeting. Any violation of this rule shall be grounds for
terminating the person’s comment period. Continued inappropriate behavior or comments,
after having been directed to discontinue, also shall be grounds for removal from the
meeting. Council shall not be belligerent or make disparaging commentary toward the
speaker. Nothing in this section shall prohibit or discourage orderly criticism of any City
decision or policy within the limits of these rules. If a member of the public fails to follow
these rules after being warned once, the Council may bar that individual from further
testimony for the evening or remove the person from the meeting.
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CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE'
Saratoga's rules of parliamentary procedure are supported by the following four principles:
1. Rules should establish order. The first purpose of the rules of parliamentary
procedure is to establish a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding and participation.
Complex rules create two classes: those who understand and participate and those
who do not fully understand and do not fully participate.
3. Rules should be user friendly. That is, the rules must be simple enough that citizens
feel they have been able to participate in the process.
4. Rules should enforce the will of the majority while protecting the rights of the minority.
The ultimate purpose of the rules of procedure is to encourage discussion and to
facilitate decision making by the body. In a democracy, the majority rules. The
rules must enable the majority to express itself and fashion a result, while
permitting the minority to also express itself (but not dominate) and fully
participate in the process.
The Chairperson Should Take a Back Seat During Discussions
While all members of the governing body should know and understand the rules of parliamentary
procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The
chair should be well versed in those rules, because the chair, for all intents and purposes, makes
the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the
governing body itself.
Because the chair conducts the meeting, it is common courtesy for the chair to take a less active
role than other members of the body in debates and discussions. This does not mean that the
chair should not participate in the debate or discussion. On the contrary, as a member of the
body, the chair has full rights to participate in debates, discussions and decision making. The
chair should, however, strive to be the last to speak at the discussion and debate stage, and
should not make or second a motion unless he or she is convinced that no other member of the
body will do so.
The Basic Format for an Agenda Item Discussion
All City Council and Commission meetings have a written, published agenda. The meeting is
governed by the agenda and the agenda constitutes the agreed -upon road map for the meeting.
Each agenda item should be handled by the chair in the following basic format.
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These rules of parliamentary procedure are based on "Rosenberg's Rules of Order: Simple Parliamentary
Procedures for the 21st Century" written by Dave Rosenberg and published by the League of California Cities in
2003. The procedures set forth in Rosenberg's have been modified slightly to reflect custom, practice, and specific
code requirements in Saratoga. While these rules have been drafted to conform to requirements of State law and the
Saratoga City Code, in the event of a conflict between these procedures and those laws, the laws shall govern.
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First, the chair should clearly announce the agenda item number and should clearly state
what the subject is. The chair should then announce the format that will be followed. If
any member of the body has a conflict of interest, that member announces the conflict
and need for recusal and leaves the dais at this time.
Second, following that agenda format, the chair should invite the appropriate people to
report on the item, including any recommendation they might have. The appropriate
person may be the chair, a member of the governing body, a staff person, or a committee
chair charged with providing information about the agenda item.
Third, the chair should ask members of the body if they have any technical questions for
clarification. At this point, members of the governing body may ask clarifying questions
to the people who reported on the item, and they should be given time to respond.
Fourth, the chair should invite public comments or, if appropriate at a formal public
hearing, open the hearing. Speakers are typically limited to 3 minutes; shorter time limits
may be imposed if numerous members of the public indicate a desire to speak to the
subject. At the conclusion of the public comments, the chair should announce that public
input has concluded (or that the public hearing, as the case may be, is closed).
Fifth, the chair should invite members of the body to make remarks on the matter. This
is an opportunity for members of the body to state their views on the subject before any
formal motions are made.
Sixth, the chair should invite a motion from the governing body members. The chair
should announce the name of the member who makes the motion.
Seventh, the chair should determine if any member of the body wishes to second the
motion. The chair should announce the name of the member who seconds the motion. It
is normally good practice for a motion to require a second before proceeding with it, to
ensure that it is not just one member of the body who is interested in a particular
approach. However, a second is not an absolute requirement, and the chair can proceed
with consideration and a vote on the motion even when there is no second. This is a
matter left to the discretion of the chair.
Eighth, if the motion is made and seconded, the chair should make sure everyone
understands the motion. This is done in one of three ways:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the
motion.
Ninth, the chair should now invite discussion of the motion by the members of the
governing body. If there is no desired discussion or the discussion has ended, the chair
should announce that the body will vote on the motion. If there has been no discussion or
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a very brief discussion, the vote should proceed immediately, and there is no need to
repeat the motion. If there has been substantial discussion, it is normally best to make
sure everyone understands the motion by repeating it.
Tenth, the chair takes a vote. Simply asking for the "ayes" and then the "nays" is
normally sufficient. If members of the body do not vote, then they "abstain." Unless
specific laws or procedures provide otherwise, a simple majority determines whether the
motion passes or is defeated.
Eleventh, the chair should announce the result of the vote and should announce what
action (if any) the body has taken. In announcing the result, the chair should indicate the
names of the members, if any, who voted in the minority on the motion. This
announcement might take the following form: "The motion passes by a vote of 3 -2, with
Smith and Jones dissenting. We have passed the motion requiring 10 days' notice for all
future meetings of this governing body."
The chair usually initiates the motion by:
Motions in General
Motions are the vehicles for decisionmaking. It is usually best to have a motion before the
governing body prior to discussing an agenda item, to help everyone focus on the motion before
them.
1. Inviting the members to make a motion: "A motion at this time would be
in order."
2. Suggesting a motion to the members, for example: "A motion would be in
order that we give 10 -days' notice in the future for all our meetings."
3. Making the motion.
As noted, the chair has every right as a member of the body to make a motion, but normally
should do so only if he or she wishes a motion to be made but no other member seems willing to
do so.
Three motions are the most common:
The Three Basic Motions
4. The basic motion. The basic motion is the one that puts forward a
decision for consideration. A basic motion might be: "I move that we create a
five member committee to plan and put on our annual fundraiser."
5. The motion to amend. If a member wants to change a basic motion that
is under discussion, he or she would move to amend it. A motion to amend might
be: "I move that we amend the motion to have a 10- member committee." A
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motion to amend takes the basic motion that is before the body and seeks to
change it in some way.
6. The substitute motion. If a member wants to completely do away with
the basic motion under discussion and put a new motion before the governing
body, he or she would "move a substitute motion." A substitute motion might be:
I move a substitute motion that we cancel the annual fundraiser this year."
Motions to amend and substitute motions are often confused. But they are quite different, and so
is their effect, if passed.
A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way.
A substitute motion seeks to throw out the basic motion on the floor and substitute a new and
different motion for it.
The decision as to whether a motion is really a motion to amend or a substitute motion is left to
the chair. So that if a member makes what that member calls a motion to amend, but the chair
determines it is really a substitute motion, the chair's designation governs.
When Multiple Motions Are Before The Governing Body
Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion
until the three that are on the floor have been resolved.
When two or three motions are on the floor (after motions and seconds) at the same time, the
first vote should be on the last motion made. So, for example, assume the first motion is a basic
motion to have a five- member committee to plan and put on our annual fundraiser." During the
discussion of this motion, a member might make a second motion to "amend the main motion to
have a 10- member committee, not a five- member committee, to plan and put on our annual
fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a
substitute motion that we not have an annual fundraiser this year." The proper procedure would
be as follows.
First, the chair would deal with the third (the last) motion on the floor, the substitute motion.
After discussion and debate, a vote would be taken first on the third motion. If the substitute
motion passes, it would be a substitute for the basic motion and would eliminate it. The first
motion would be moot, as would the second motion (which sought to amend the first motion),
and the action on the agenda item would be complete. No vote would be taken on the first or
second motions. On the other hand, if the substitute motion (the third motion) failed, the chair
would proceed to consideration of the second (now the last) motion on the floor, the motion to
amend.
If the substitute motion failed, the chair would then deal with the second (now the last) motion
on the floor, the motion to amend. The discussion and debate would focus strictly on the
amendment (should the committee be five or 10 members). If the motion to amend passed, the
chair would now move to consider the main motion (the first motion) as amended. If the motion
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to amend failed, the chair would now move to consider the main motion (the first motion) in its
original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original
motion would either be in its original format (five- member committee) or, if amended, would be
in its amended format (10- member committee). And the question on the floor for discussion and
decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic
motions, motions to amend, and substitute motions are all eligible, each in their turn, for full
discussion before and by the body. The debate can continue as long as members of the body
wish to discuss an item, subject to the decision of the chair that it is time to move on and take
action. There are exceptions to the general rule of free and open debate on motions. The
exceptions all apply when there is a desire of the body to move on. The following motions are
not debatable (that is, when the following motions are made and seconded, the chair must
immediately call for a vote of the body without debate on the motion):
A motion to adjourn. This motion, if passed, requires the body to immediately adjourn
to its next regularly scheduled meeting. This motion requires a simple majority vote.
A motion to recess. This motion, if passed, requires the body to immediately take a
recess. Normally, the chair determines the length of the recess, which may range from a
few minutes to an hour. It requires a simple majority vote.
A motion to fix the time to adjourn. This motion, if passed, requires the body to
adjourn the meeting at the specific time set in the motion. For example, the motion might
be: "I move we adjourn this meeting at midnight." It requires a simple majority vote.
A motion to table. This motion, if passed, requires discussion of the agenda item to be
halted and the agenda item to be placed on "hold." The motion may contain a specific
time in which the item can come back to the body: "I move we table this item until our
regular meeting in October." Or the motion may contain no specific time for the return
of the item, in which case a motion to take the item off the table and bring it back to the
body will have to be taken at a future meeting. A motion to table an item (or to bring it
back to the body) requires a simple majority vote.
A motion to limit debate. The most common form of this motion is to say: "I move the
previous question" or "I move the question" or "I call for the question." When a member
of the body makes such a motion, the member is really saying: "I've had enough debate.
Let's get on with the vote." When such a motion is made, the chair should ask for a
second to the motion, stop debate, and vote on the motion to limit debate. The motion to
limit debate requires a two- thirds vote of the body. Note that a motion to limit debate
could include a time limit. For example: "I move we limit debate on this agenda item to
15 minutes." Even in this format, the motion to limit debate requires a two- thirds vote of
the body. A similar motion is a motion to object to consideration of an item. This
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motion is not debatable, and if passed, precludes the body from even considering an item
on the agenda. It also requires a two thirds vote.
Majority and Super- Majority Votes
In a democracy, decisions are made with a simple majority vote. A tie vote means the motion
fails. So in a five- member body, a vote of 3 -2 passes the motion. A vote of 2 -2 with one
abstention means the motion fails. If one member is absent or recused and the vote is 2 -2, the
motion still fails.
All motions require a simple majority, but there are a few exceptions. The exceptions occur
when the body is taking an action that effectively cuts off the ability of a minority of the body to
take an action or discuss an item. These extraordinary motions require a two thirds majority (a
super majority) to pass:
Motion to limit debate. Whether a member says, "I move the previous question," "I
move the question," "I call for the question" or "I move to limit debate," it all amounts to
an attempt to cut off the ability of the minority to discuss an item, and it requires a two
thirds vote to pass.
Motion to close nominations. When choosing officers of the body, such as the chair,
nominations are in order either from a nominating committee or from the floor of the
body. A motion to close nominations effectively cuts off the right of the minority to
nominate officers, and it requires a two- thirds vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is
unnecessary, because the objectionable item can be tabled or defeated straight up.
However, when members of a body do not even want an item on the agenda to be
considered, then such a motion is in order. It is not debatable, and it requires a two thirds
vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two thirds vote to
pass. If the body has its own rules of order, conduct or procedure, this motion allows the
body to suspend the rules for a particular purpose. For example, the body (a private club)
might have a rule prohibiting the attendance at meetings by non -club members. A
motion to suspend the rules would be in order to allow a non -club member to attend a
meeting of the club on a particular date or on a particular agenda item.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself: the motion to
reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and
a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is
deemed closed, subject only to reopening if a proper motion to reconsider is made. The
standards for reconsideration are set forth in the City Code.
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Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the
members of the public can attend to business efficiently, fairly and with full participation. And
at the same time, it is up to the chair and the members of the body to maintain common courtesy
and decorum. Unless the setting is very informal, it is always best for only one person at a time
to have the floor, and it is always best for every speaker to be first recognized by the chair before
proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focus on the item
and the policy in question, not on the personalities of the members of the body. Debate on policy
is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too
personal, too loud or too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair
may, however, limit the time allotted to speakers, including members of the body. Can a
member of the body interrupt the speaker? The general rule is no. There are, however,
exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be: "Point of privilege." The chair would then
ask the interrupter to "state your point." Appropriate points of privilege relate to
anything that would interfere with the normal comfort of the meeting. For example, the
room may be too hot or too cold, or a blowing fan might interfere with a person's ability
to hear.
Order. The proper interruption would be: "Point of order." Again, the chair would ask
the interrupter to "state your point." Appropriate points of order relate to anything that
would not be considered appropriate conduct of the meeting; for example, if the chair
moved on to a vote on a motion that permits debate without allowing that discussion or
debate.
Appeal. If the chair makes a ruling that a member of the body disagrees with, that
member may appeal the ruling of the chair. If the motion is seconded and after debate, if
it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, "Let's return to the
agenda." If a member believes that the body has drifted from the agreed -upon agenda,
such a call may be made. It does not require a vote, and when the chair discovers that the
agenda has not been followed, the chair simply reminds the body to return to the agenda
item properly before them. If the chair fails to do so, the chair's determination may be
appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion
on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the
floor. The motion is immediately deemed withdrawn, although the chair may ask the
person who seconded the motion if he or she wishes to make the motion, and any other
member may make the motion if properly recognized.
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Special Notes About Public Input
The rules outlined here help make meetings very public friendly. But in addition, and
particularly for the chair, it is wise to remember three special rules that apply to each agenda
item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
Public input is essential to a healthy democracy, and community participation in public meetings
is an important element of that input. The challenge for anyone chairing a public meeting is to
accommodate public input in a timely and time sensitive way, while maintaining steady progress
through the agenda items. The rules presented here for conducting a meeting are offered as tools
for effective leadership and as a means of developing sound public policy.
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