HomeMy WebLinkAbout04-06-2016 City Council Agenda PacketSaratoga City Council Regular Meeting Agenda – Page 1 of 5
SARATOGA CITY COUNCIL
REGULAR MEETING
APRIL 6, 2016
5:30 P.M. STUDY SESSION
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
City Manager Evaluation Process
6:00 P.M. JOINT MEETING
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
Joint Meeting with the Saratoga Library Commission & Friends of the Saratoga Libraries
7:00 P.M. REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
The agenda for this meeting was properly posted on April 1, 2016.
REPORT FROM JOINT MEETING
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council for up to three (3) minutes on matters
not on the Agenda. The law generally prohibits the City Council from discussing or taking action
on such items. However, the Council may instruct staff accordingly.
ANNOUNCEMENTS
CEREMONIAL ITEMS
Appointment of Commissioner and Oath of Office
Recommended Action:
Adopt the attached resolution appointing Carol Barmeier to a partial term on the Library
Commission; and direct the City Clerk to administer the Oath of Office.
Saratoga City Council Regular Meeting Agenda – Page 2 of 5
SPECIAL PRESENTATIONS
None
1. CONSENT CALENDAR
The Consent Calendar contains items of routine business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the Mayor
remove an item from the Consent Calendar for discussion. Public Speakers are limited to
three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on March 16,
2016.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
03/15/2016: Period 9
03/22/2016: Period 9
03/29/2016: Period 9
1.3. Treasurer’s Report for the Month Ended February 29, 2016
Recommended Action:
Review and accept the Treasurer’s Report for the month ended February 29, 2016.
1.4. Contract with NBS for Formation & Administration of Community Facilities District
Recommended Action:
Authorize the City Manager to execute an agreement with NBS for formation and
administration of a community facilities district for the Arrowhead Cooperative
Company, Inc. in an amount not to exceed $28,500, contingent upon receipt of a deposit
from the Arrowhead Cooperative Company, Inc. for the cost of formation services and
other costs associated with the creation of a community facilities district.
1.5. BAAQMD Electric Vehicle Station Grant Program Application
Recommended Action:
1. Approve resolution authorizing the City Manager to apply for and accept Charge
Fast! 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
(EV) Charging Station in the Saratoga Library parking lot.
2. Approve resolution granting the City Manager the authority to apply for and accept
future BAAQMD EV Station program grants.
3. Direct staff to include the BAAQMD funding award for the Saratoga Library’s Plug-
In Electric Vehicle Fast Charge Station project in the FY 2016/17 Capital Budget, if
awarded.
Saratoga City Council Regular Meeting Agenda – Page 3 of 5
1.6. Transportation Development Act (TDA) Article 3 Application for the Saratoga Avenue
Walkway Project
Recommended Action:
Adopt resolution supporting the Metropolitan Transportation Commission’s
Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for the
Saratoga Avenue Walkway Project.
1.7. General Plan Annual Progress Report and HCD Annual Report
Recommended Action:
Adopt a resolution accepting the 2015 General Plan Annual Progress Report and direct
staff to file the report with the Governor’s Office of Planning and Research (OPR) and
the Department of Housing and Community Development (HCD).
1.8. Short-Term Rentals Regulation Update
Recommended Action:
Accept information regarding Short-Term Rentals (STR’s) in Saratoga
2. PUBLIC HEARING
None
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Quito Rd Bridge Real Property Service Agreement – Award of Service Contract
Recommended Action:
1. Authorize the City Manager to execute a contract for real property services with the
Contra Costa County Public Works Department for services for the right of way takes
required for the Quito Rd Bridge Project for the amount of $40,000
2. Move to authorize the staff to execute change orders to the real property services
contract up to $5,000 during the course of the right of way take process.
4.2. Video Program
Recommended Action:
Receive report and approve recommendations.
4.3. City of Saratoga Code Enforcement Program
Recommended Action:
Provide direction on the Code Enforcement Program’s service levels, staffing, and
policies.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County
Council Finance Committee
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga City Council Regular Meeting Agenda – Page 4 of 5
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Mayors and Managers
West Valley Sanitation District
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Public Art Ad Hoc
Saratoga Chamber of Commerce & Destination Saratoga
Santa Clara County Library Joint Powers Authority
Santa Clara County Expressway Plan 2040 Policy Advisory Board
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
FAA Select Committee on South Bay Arrivals
Hakone Foundation Board
Public Art Ad Hoc
Saratoga Historical Foundation
Saratoga Sister City Organization
West Valley Solid Waste Management Joint Powers Authority
Council Member Howard Miller
Council Finance Committee
Silicon Valley Clean Energy Authority Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
VTA Board West Valley Cities Alternate
Council Member Rishi Kumar
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
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 review on April 1, 2016 at the City of Saratoga, 13777
Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us.
Signed this 1st day of April 2016 at Saratoga, California.
Crystal Bothelio, City Clerk
Saratoga City Council Regular Meeting Agenda – Page 5 of 5
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. These
materials are also posted on the City website.
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]
04/06 Regular Meeting – Joint Meeting with Library Commission, and Friends of Library
04/18 Budget Study Session
04/20 Regular Meeting – Joint Meeting with Saratoga Ministerial Association
05/04 Regular Meeting – Joint Meeting with Mt. Winery
05/18 Regular Meeting – Joint Meeting with Sheriff Office
06/01 Regular Meeting – 5:30 p.m. Joint Meeting with HOA’s at West Valley College, Student center
06/15 Regular Meeting – 5:00 p.m. CLOSED SESSION, 6:00 p.m. Joint Meeting with County Fire and
Santa Clara County FireSafe Council
07/06 Regular Meeting –5:00 p.m. CLOSED SESSION, 6:00 p.m. Joint meeting with Montalvo Arts
07/20 Meeting Cancelled
08/03 Meeting Cancelled
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 –5:00 p.m. Joint Meeting with Hakone, 6:00 p.m. 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 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.
CITY OF SARATOGA
CITY COUNCIL JOINT MEETING CALENDAR 2016
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with Library Commission and
Friends of the Saratoga Libraries
April 6, 2016 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m. Dinner & Introductions
6:15 p.m. Library Commission Updates and Work Plan
6:30 p.m. Friends of the Saratoga Libraries Updates
6:45 p.m. Other Remarks & Wrap Up
Dinner will be provided at the Joint Meeting.
The Regular Session of the City Council begins at 7:00 p.m. in the Civic
Theater. Joint meeting attendees are invited to attend the Regular Session
and share an overview of the joint meeting.
6
CITY OF SARATOGA
Memorandum
To: Mayor Cappello & Members of the Saratoga City Council
From: Adam Henig, Recreation Supervisor
Date: April 6, 2016
Subject: Library Commission Work Plan
Library Commission proposes the following objectives for 2016
o To plan and promote Saratoga Library’s events and programs
o To assist with the Santa Clara County Library District-wide survey
o To provide recommendations on Santa Clara County Library District’s upcoming
Interior Space Review
o To engage in information sharing with library staff and the residents
2015 Summary:
This past year was a transitional year for the Library Commission. The Commission
unsuccessfully tried to organize the adult version of “Battle of the Books,” which is already a
popular program for the library’s youth patrons. There were several logistical issues with the
planning of this event and as a result, it was postponed and will now be facilitated by library
staff. In addition, commissioners wanted to assist the Library with its marketing efforts, but the
ideas of creating a mass mailer, for example, never panned out. The past chair, however, did
table on behalf of the library at the annual Tree Lighting event. Part of the reason why the
commission was unable to accomplish what they had set out to was due to inconsistent
meeting attendance. As a result, the commission changed its start time from 4:00 p.m. to 7:00
p.m. and its meeting day from Wednesday to Tuesday.
Attached:
Library Commission Proposed Work Plan & Membership
7
LIBRARY COMMISSION WORK PLAN & MEMBERSHIP
KEY POINTS OF WORK PLAN
1. Plan and Promote Library Event and Programs
2. Assist with County wide survey
3. Provide recommendation on Interior Space Review
4. Engage in Information Sharing with library and public
TOPICS IN DETAIL
Information Sharing with the Library
a. Hold a 3D Printing Event
b. Support Trivia Night
c. Provide three recommendations to Library Staff at meetings. These would include
upcoming events to promote the library, new trends, interests, etc.
d. Explore supporting a volunteer program for after school hours at the library;
e. Provide additional items to the Local Government Resource Center (e.g., including a
photo of Library Commission);
Information sharing with the public
a. Working with KSAR to promote Library programming;
b. Expanding social media to promote Library and its offerings;
c. Assist with tabling at city-wide events (e.g., Heritage Day)
d. Creating email campaigns to reach specific populations (such as parents, youth,
seniors, etc.) to tout Library and its programs;
e. Assist promoting and passing out the monthly Library Report to the public;
Survey
a. Assisting Library staff and Deputy County Librarian Chris Brown to roll out
countywide survey that will be implemented in the near future. The objective is to
find out how to better serve users.
Interior Space Budget
a. Provide recommendations regarding the $200,000 interior space budget; (i.e.,
What’s a great fit for the community?)
Other Topics
a. Serve as contest judges
b. Procedure review (e.g., revising the Community Room sign-up policy)
c. Visit other County library commissions & JPA meetings
d. Attend annual Friends and Commissioner forum
CURRENT MEMBERSHIP
Name Term Ending Eligible for Reappointment
Robert Gulino 9/30/2016 Yes
Claire Campodonico (Monte Sereno Rep.) 9/30/2017 Yes
Carol Barmeier* 9/30/2017 Yes
Vacant 9/30/2018 N/A
Flora Hoffman 9/30/2019 Yes
* Appointment scheduled for April 6, 2016 Meeting
8
SARATOGA CITY COUNCIL
MEETING DATE:April 6, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Appointment of Commissioner and Oath of Office
RECOMMENDED ACTION:
Adopt the attached resolution appointing Carol Barmeier to a partial term on the Library
Commission; and direct the City Clerk to administer the Oath of Office.
BACKGROUND:
On March 16, 2016, the City Council conducted interviews to fill a partial term on the Library
Commission resulting from a resignation. The City Council selected Carol Barmeier to be
appointed to the Commission:
Name Commission Term
Carol
Barmeier
Library Commission Partial Term Ending 9/30/2017
FOLLOW UP ACTION:
Update the City’s Commission roster.
ATTACHMENTS:
Attachment A - Resolution of Appointment
Attachment B - Oath of Office
9
RESOLUTION NO. 16-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING A MEMBER TO THE SARATOGA LIBRARY COMMISSION
WHEREAS, three vacancies were created on the Library Commission resulting from the
resignation of Lauren Marty, Stephen Kispersky, and Jill Whitcomb; and
WHEREAS, the City Council filled one of the vacancies with the appointment of Flora
Hoffman; and
WHEREAS, the City publicized the two remaining vacancies, accepted applications
until the deadline on March 1, 2016 and the City Council conducted interviews on March 16,
2016; and
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the
following individual is appointed to the Library Commission to serve a partial term ending
September 30, 2017:
Name Commission Term
Carol Barmeier Library
Commission
Partial Term Ending September 30, 2017
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 6th day of April 2016 by the following vote:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
10
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Carol Barmeier, 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.
Carol Barmeier, Member
Library Commission
Subscribed and sworn to before me on
this 6th day of April 2016.
Crystal Bothelio
City Clerk
11
SARATOGA CITY COUNCIL
MEETING DATE:April 6, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on March 16, 2016.
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 Regular City Council Meeting on March 16, 2016
12
Saratoga City Council Regular Meeting Minutes – Page 1 of 8
MINUTES
WEDNESDAY, MARCH 16, 2016
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the City Council conducted a study session on Library Commission responsibilities
in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. At 5:45 p.m.,
the City Council interviewed a candidate for the Library Commission and at 6:00 p.m. held a
Joint Meeting with the Parks and Recreation Commission and Pedestrian, Equestrian, and
Bicycle Trails Advisory Committee (PEBTAC).
Mayor Cappello called the regular session to order at 7:03 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Manny Cappello, Vice Mayor Emily Lo, Council Members
Mary-Lynne Bernald, Howard Miller, Rishi Kumar
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, City Clerk/Assistant to the City Manager
Erwin Ordoñez, Community Development Director
Brian Babcock, Administrative Analyst I
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted on
March 10, 2016.
REPORT FROM JOINT MEETING
Mayor Cappello invited the Chair of the Parks and Recreation Commission and Chair of the
PEBTAC to report on the Joint Meeting.
Rick Pearce, Parks and Recreation Commission Chair, shared that the Commission presented its
work plan for the upcoming year. He discussed the movie night events scheduled for the
summer, the Let’s Work Saratoga program, and a new community survey launched in 2015.
Additionally, the Commission will be supporting the America in Bloom competition efforts and
working with West Valley College on nesting boxes.
Jim Stallman, Chair of the PEBTAC, reported on efforts to connect Saratoga to the Skyline to the
Sea Trail, the Blue Hills/Fredericksburg Drive pedestrian crossing, and pedestrian improvements
to Prospect Road.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Annette Stransky announced the Blossom Festival on March 19, 2016 from 10:00 a.m. to 4:00
p.m.
13
Saratoga City Council Regular Meeting Minutes – Page 2 of 8
ANNOUNCEMENTS
Council Member Kumar shared that the participants in the Silicon Valley Coders Club will be
presenting business plan pitches to a panel of judges on March 20, 2016 from 4:00 p.m. to 6:00
p.m. Participants will be presenting their final project and business plan at Silicon Valley Tech
Day on June 11, which will also include a variety of panel discussions. Information is online at
http://www.siliconvalleycoders.org/. The third annual Hindu New Year event will be on March
26. It will include auditions for Silicon Valley’s Got Bollywood. Information is online at
http://www.saratogatemple.org/. Additionally, the Silicon Valley Youth Debate Academy will
begin March 27. Information is online at http://www.rishikumar.com/events.html.
Council Member Miller announced that there are a number of interesting class offerings in the
Saratoga Recreation Activity Guide, including a number of dance fitness classes. The public is
invited to attend a free dance fitness class on April 5. He also noted that the City has been
working on connecting the Quarry Park to the Skyline to the Sea Trail via San Jose Water
Company property and the City and San Jose Water have been in discussions to provide the City
with access to the property for the purpose of building a trail.
City Manager James Lindsay added that the Chief Operating Officer of San Jose Water
submitted a written commitment to the City to provide legal access to San Jose Water Company
property to construct a public trail across the property that would allow the Quarry Park to
connect to the Skyline to the Sea Trail.
Council Member Bernald announced that the Saratoga Historical Foundation will be holding a
lecture on the Pacific Congress Springs, the largest resort on the West Coast from the 1860s to
1903, on March 23 at 7:30 p.m. at the Saratoga Foothill Clubs.
Vice Mayor Lo reminded residents that Hakone Gardens is open for free to all Saratoga residents
on the first Tuesday of the month. Consequently, residents can visit Hakone for free on April 5.
Additionally, the Garden is transitioning to summer hours and will be open from 10:00 a.m. to
5:00 p.m.
Mayor Cappello shared that Arbor Day will be April 29, 2016 at 3:30 p.m. at West Valley
College. Additionally, the City is accepting applications for the Youth Commission, which are
due April 20.
CEREMONIAL ITEMS
Proclamation Declaring March 14-18, 2016 as Science Fair Week
Recommended Action:
Present the proclamation declaring March 14 to March 18, 2016 as Science Fair Week in the
City of Saratoga to Veena Jain, Board Member, Santa Clara Valley Science and Engineering
Fair Association.
Mayor Cappello presented the proclamation.
Appointment of Commissioner and Oath of Office
Recommended Action:
Adopt the attached resolution appointing 1 member to a full term on the Planning
Commission; and direct the City Clerk to administer the Oath of Office.
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Saratoga City Council Regular Meeting Minutes – Page 3 of 8
RESOLUTION NO. 16-017
BERNALD/MILLER MOVED TO ADOPT THE ATTACHED RESOLUTION
APPOINTING 1 MEMBER TO A FULL TERM ON THE PLANNING
COMMISSION; AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH
OF OFFICE. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
City Clerk Crystal Bothelio administered the Oath of Office to Leonard Almalech.
1. CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on March 2,
2016.
MILLER/KUMAR MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE REGULAR CITY COUNCIL MEETING ON MARCH 2, 2016.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
02/24/2016: Period 8
03/01/2016: Period 9
03/08/2016: Period 9
MILLER/KUMAR MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 02/24/2016
PERIOD 8; 03/01/2016 PERIOD 9; AND 03/08/2016 PERIOD 9. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended January 31, 2016
Recommended Action:
Review and accept the Treasurer’s Report for the month ended January 31, 2016.
MILLER/KUMAR MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED JANUARY 31, 2016. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
1.4. Amendment to Contract Planning Services Agreement
Recommended Action:
Authorize the City Manager to execute an amendment to an existing agreement with the
Metropolitan Planning Group to increase the not-to-exceed amount by $15,001 (from
$24,999 to $40,000).
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Saratoga City Council Regular Meeting Minutes – Page 4 of 8
MILLER/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO AN EXISTING AGREEMENT WITH THE
METROPOLITAN PLANNING GROUP TO INCREASE THE NOT-TO-
EXCEED AMOUNT BY $15,001 (FROM $24,999 TO $40,000). MOTION PASSED.
AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.5. Approve Agreement for Neighborhood Initiated Maintenance Project At Farwell Avenue
and Three Oaks Way
Recommended Action:
Approve Agreement for the Farwell Avenue and Three Oaks Way Maintenance Project
and authorize the City Manager to execute the same.
MILLER/KUMAR MOVED TO APPROVE AGREEMENT FOR THE FARWELL
AVENUE AND THREE OAKS WAY MAINTENANCE PROJECT AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
2. PUBLIC HEARING
2.1. Second Reading of Amendments to City Code Article 15-47 (Water Efficient
Landscaping)
Recommended Action:
Waive the second reading and adopt the attached ordinance revising City Code Article
15-47 (Water Efficient Landscaping).
Community Development Director Erwin Ordoñez presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
ORDINANCE NO. 339
BERNALD/LO MOVED TO WAIVE THE SECOND READING AND ADOPT
THE ATTACHED ORDINANCE REVISING CITY CODE ARTICLE 15-47
(WATER EFFICIENT LANDSCAPING). MOTION PASSED. AYES: CAPPELLO,
LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
2.2. Public Hearing on Resolution Ordering Abatement of a Public Nuisance by Removal of
Hazardous Vegetation (Weeds)
Recommended Action:
Open the public hearing, listen to public testimony, and close public hearing. Consider
any objections to the proposed Order for Abatement of Hazardous Vegetation and
sustain or overrule any objections as to specific properties. Adopt the resolution ordering
abatement as to specified properties (with modifications if any objections are sustained).
City Clerk Crystal Bothelio presented the staff report.
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Saratoga City Council Regular Meeting Minutes – Page 5 of 8
Moe Kumre, Santa Clara County Weed Abatement Program Manager, addressed
questions from the City Council.
Mayor Cappello invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 16-018
MILLER/BERNALD MOVED TO ADOPT THE RESOLUTION ORDERING
ABATEMENT AS TO SPECIFIED PROPERTIES. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Allocation of Community Event Grant Program Funds
Recommended Action:
Review the one Saratoga Community Event Grant Program application for this fiscal
year and provide direction. Consider grant requests for next fiscal year and determine
allocations.
Brian Babcock, Administrative Analyst I, presented the staff report.
Mayor Cappello invited public comment on the item.
The following people requested to speak:
Stan Bogosian
Annette Stransky
Lisa Huening
Renee Paquier
Cathy Schroeder
Carol Yuan
Emily Lieu-Harris
Thierry Doyen
Ann Northrup
Ann Waltonsmith
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Saratoga City Council Regular Meeting Minutes – Page 6 of 8
Council Member Bernald read a letter on behalf of Sarah Okuno
No one else requested to speak.
MILLER/BERNALD MOVED TO ALLOCATE $5,000 TO THE 17TH ANNUAL
HAKONE MATSURI FROM THE FISCAL YEAR 2015/16 COMMUNITY
EVENT GRANT PROGRAM BUDGET. MOTION PASSED. AYES: CAPPELLO,
LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
MILLER/BERNALD MOVED TO ALLOCATE $7,000 FROM THE FISCAL
YEAR 2015/16 COUNCIL DISCRETIONARY BUDGET TO THE SARATOGA
60TH ANNIVERSARY PARADE. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
BERNALD/MILLER MOVED TO FUND THE FOLLOWING COMMUNITY
EVENT GRANT PROGRAM REQUESTS FOR FISCAL YEAR 2016/17 AS
FOLLOWS:
BLOSSOM FESTIVAL $4,600
CHINESE MID-AUTUMN FESTIVAL $350
IOOF EASTER EGG HUNT $600
MEMORIAL DAY OBSERVANCE $1,000
SARATOGA COMMUNITY BAND $750
SARATOGA JULY FOURTH CELEBRATION $2,200
SARATOGA PET PARADE $820
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
MILLER/BERNALD MOVED TO FUND THE FOLLOWING COMMUNITY
EVENT GRANT PROGRAM REQUESTS FOR FISCAL YEAR 2016/17 AS
FOLLOWS:
HAKONE MATSURI $4,630
HOLIDAY WINE STROLL $4,168
MONTALVO ARTS SPLASH $3,704
OPERA IN THE PARK $2,778
SASCC HEALTH AND WELLNESS EXPO $4,770
RELAY FOR LIFE OF SARATOGA $4,630
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
Council Member Miller and Mayor Cappello requested that the Community Event Grant
program priorities be scheduled for a future meeting to be discussed and potentially
refined.
4.2. Allocation of Street Closure Grant Funds
Recommended Action:
Review Saratoga Street Closure Grant applications and determine allocations.
Brian Babcock, Administrative Analyst I, presented the staff report.
18
Saratoga City Council Regular Meeting Minutes – Page 7 of 8
Mayor Cappello invited public comment on the item.
The following person requested to speak:
Tiger Teerlink
No one else requested to speak.
Renee Paquier addressed Council questions.
MILLER/BERNALD MOVED TO ALLOCATE $20,000 TO THE CHAMBER OF
COMMERCE CAR SHOW AND $10,000 TO THE 60TH ANNIVERSARY
PARADE FROM THE STREET CLOSURE GRANT PROGRAM IN FISCAL
YEAR 2016/17. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Vice Mayor Lo requested that the 60th Anniversary Parade event organizers consider
moving the event to a Sunday if possible or conclude the street closure by 4:00 p.m.
Mayor Cappello invited Presentation High School Student, Dusty Hill, to introduce
herself.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County – during the last meeting, the group received a
presentation on ACE Train, the ABAG/MTC merger, and Council Member Bernald was
appointed to the FAA Select Committee on South Bay Arrivals.
Vice Mayor Emily Lo
KSAR Community Access TV Board – the Board has been discussing its contract with the City,
which expires in June. Additionally, the Board has been talking about purchasing a Blu-ray
recorder and a television for the theater lobby. The Board has also been discussing the logistics
of set up and recording for the June 1 City Council Meeting that will be taking place at West
Valley College.
Saratoga Chamber of Commerce & Destination Saratoga – the Chamber is preparing for the
May 7 wine stroll and getting started on the next round of City maps.
Council Member Mary-Lynne Bernald
Cities Association of Santa Clara County-Legislative Action Committee – during the last
Committee meeting, the group received a report on Measure AA – San Francisco Bay
Restoration, which the Cities Association is in support of.
Cities Association of Santa Clara County-Selection Committee – the Committee made several
appointments. Palo Alto Council Member Liz Kniss was reappointed to the Bay Area Air
Quality Management District, Cupertino Council Member Rod Sinks was reappointed to the
North county position on the Recycling and Waste Reduction Commission, and John
Harpootlian of Los Altos Hills was appointed to the Santa Clara County Cal-ID RAN Board.
Hakone Foundation Board – the finance subcommittee met two weeks ago to discuss the budget.
Saratoga Sister City Organization – the trip to the Pacific Northwest was canceled due to lack of
participation.
19
Saratoga City Council Regular Meeting Minutes – Page 8 of 8
Council Member Howard Miller
Saratoga Ministerial Association – Council Member Miller attended the last meeting on behalf
of Council Member Kumar. There was a lively discussion about representing the community,
values of inclusion, and political unrest. There was also discussion of the Joint Meeting with the
City Council.
VTA Board West Valley Cities Alternate – BART is roughly 80% complete, well under budget,
and months ahead of schedule. VTA provided a book with traffic and ridership statistics.
Additionally, VTA is working to determine what will be funded through the potential sales tax
ballot measure. There are a lot of competing priorities and as a result some other cities are
putting forward their own competing ballot measures.
Council Member Rishi Kumar
Council Member Kumar reported on his recent trip to Washington, D.C. for the National League
of Cities. There was discussion of a variety of topics, including energy, infrastructure, and public
safety.
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
MILLER/BERNALD MOVED TO ADJOURN THE MEETING AT 10:06 P.M. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Crystal Bothelio, City Clerk
City of Saratoga
20
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:
03/29/2016: Period 9
BACKGROUND:
The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately
as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
3/15/16 130275 130317 43 76,273.11 03/15/16 03/08/16 130274
3/22/16 130318 130377 60 574,822.35 03/22/16 03/15/16 130317
3/29/16 130378 130427 50 286,610.07 03/29/16 03/22/16 130377
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
03/15/16 130279 City of San Jose PS 30,027.40
03/22/16 130324 Bellecci & Associates, Inc.Gas Tax Fund PW 28,049.00
03/22/16 130344 CDD 20,060.00
03/22/16 130352 PS 414,423.33
03/29/16 130396 CDD 40,540.00
03/29/16 130418 Various 100,000.00
03/29/16 130426 PW 70,501.00
Accounts Payable checks voided during this time period:
AP Date Check #Amount
09/22/15 129048 Re-issue Check 535.00
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
PREPARED BY:
General
Deposit Release
Clean Water
Fund Purpose
Initial Cost CVEA
Prosp/Sara Bike Path
Animal Services
SARATOGA CITY COUNCIL
MEETING DATE:April 6, 2016
DEPARTMENT:Finance & Administrative Services
03/22/2016: Period 9
03/15/2016: Period 9
Ending
Check #Type of Checks
Accounts Payable
West Valley Sanitation General
Issued to
Amber Bui Never received check
Prior Check Register
Checks
Released
Total
Checks Amount
Reason Status
Starting Check #Date
Jeffrey Monks
SCC Office of the Sheriff
James & Suzanne Rivers
Law Enforcement
General
General
General Deposit Release
Silicon Valley Clean Energy
Accounts Payable
Accounts Payable
General
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
SARATOGA CITY COUNCIL
MEETING DATE: April 6, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended February 29, 2016
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended February 29, 2016.
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 February 29, 2016, the City had $529,442 in cash deposit at Comerica bank, and $18,090,974 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 February 29, 2016 is
$18,620,416 and exceeds the minimum limit required.
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Unrestricted Cash
Comerica Bank 529,442$
Deposit with LAIF 18,090,974$
Total Unrestricted Cash 18,620,416$
Cash Summary
37
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as
follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point
of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains binding unless removed in
the same manner; “assigned fund balance”, resources that reflects a government’s intended use of
resources, such intent would have to be established at either the highest level of decision making, by a body,
or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what
can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves
fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 18,620,416$
Plus: Assets 883,719
Less: Liabilities (2,549,155)
Ending Fund Balance 16,954,980$
Adjusting Cash to Ending Fund Balance
38
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/15
Increase/
(Decrease)
Jul-Jan
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
2/29/16
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 1,657,896 - - - 120,000 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 distributio n 1,779,490 (150,460) 1,123,213 1,167,474 (120,000) 139,760 1,325,010
General Fund Total 9,806,731 (150,460) 1,123,213 1,167,474 - 1,977,656 7,634,355
Special Revenue
Landscape/Lighting Districts 867,643 63,228 558 19,316 - - 912,113
Capital Project
Street Projects 1,041,388 (438,301) 147,408 38,684 1,163,760 - 1,875,571
Park and Trail Projects 888,565 (440,242) - 35,045 328,068 64,068 677,278
Facility Projects 347,618 (122,668) - 22,879 233,896 - 435,968
Administrative Projects 367,869 (77,399) 4,083 6,187 285,000 - 573,366
Tree Fund Projects 56,248 (1,796) 125 7,877 - - 46,700
Park In-Lieu Fees Projects 276,753 (153,214) 248,400 788 31,000 - 402,150
CIP Grant Street Projects 8,294 (88,358) - - - - (80,065)
CIP Grant Park & Trail Projects 17,427 1,385 - - - - 18,812
Gas Tax Fund Projects 854,615 262,049 49,629 12,590 33,878 33,878 1,153,702
CIP Fund Total 3,858,778 (1,058,545) 449,645 124,051 2,075,602 97,946 5,103,482
Debt Service
Library Bond 906,600 (372,644) 1,949 - - - 535,906
Internal Service Fund
Liability/Risk Management 291,263 17,128 714 11,854 - - 297,251
Workers Compensation 314,525 (3,308) - 2,444 - - 308,773
Office Support Fund 75,075 20,031 1,004 3,178 - - 92,932
Information Technology Services 260,322 73,482 513 32,562 - - 301,756
Equipment Maintenance 115,564 84,817 - 18,515 - - 181,866
Building Maintenance 268,326 226,175 - 51,501 - - 442,999
Equipment Replacement 649,498 100,979 - 612 - - 749,864
Technology Replacement 194,101 80,726 - - - - 274,827
Building FFE Replacement - 123,846 - 4,987 - - 118,858
-
Total City 17,608,426 (794,545) 1,577,597 1,436,496 2,075,602 2,075,602 16,954,980
39
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Jan
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
2/29/16
Street Projects
Annual Street Resurfacing - 94,329 18,220 3,246 64,760 - 174,063
Residential Street Construction 243,612 (187,687) - (13,997) 300,000 - 369,922
Roadway Maintenance and Repairs - (184,835) - 38,831 375,000 - 151,334
EV Stations - - - - 100,000 - 100,000
Roadway Safety & Traffic Calming 27,114 (14,431) - - 50,000 - 62,683
Highway 9 Safety Project - Phase IV 121,019 - - - - - 121,019
Beaumont Traffic Circle - - - - 30,000 - 30,000
Village LED Streetlights 5,007 (172) - - - - 4,835
Annual Sidewalks Project 46,702 (48,470) - - 50,000 - 48,232
Annual Storm Drain Upgrade 9,352 (43,833) - 10,605 50,000 - 4,915
Village-Streetscape Improvements 25,059 - - - 50,000 - 75,059
Village Sidewalk Curb & Gutter Construction - Phase II 85,281 (36,942) - - - - 48,339
EL Camino Grande SD Pump 150,000 - - - - - 150,000
Saratoga Hills SD Pump - (12,435) - - 44,000 - 31,565
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 - 129,188 - - - 188,687
Bridge Maintenance & Repairs - (3,825) - - 50,000 - 46,175
Underground Project 98,744 - - - - - 98,744
Total Street Projects 1,041,388 (438,301) 147,408 38,684 1,163,760 - 1,875,571
Parks & Trails Projects
Park/Trail Repairs 67,929 - - - - 64,068 3,861
Park Pathway Repairs - - - - 50,000 - 50,000
Sustainable Landscaping - (5,852) - 30,637 89,068 - 52,579
Hakone Garden Matching Funds 193,991 (68,928) - 4,408 - - 120,654
Hakone Garden Upper Moon House 125,000 - - - - - 125,000
Quarry Park Plan Implement 290,768 (361,702) - - 90,000 - 19,066
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 (440,242) - 35,045 328,068 64,068 677,278
Facility Projects
Facility Projects 43,500 (43,500) - - - - -
Security Locks 53,007 (19,436) - - - - 33,571
City Hall Emergency Power Backup 325 (325) - - - - -
Master Switch - Electrical Board 73,498 (57,527) - 15,511 - - 460
ENG/CDD Window Replacement - - - - 40,000 - 40,000
Civic Theater Improvements 87,882 5,133 - - - - 93,015
Civic Theater Master Plan Improvements 64,900 (6,018) - 7,367 - - 51,515
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 5,000 - - - - 15,470
Total Facility Projects 347,618 (122,668) - 22,879 233,896 - 435,968
40
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Jan
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
2/29/16
Administrative Projects
Financial System Upgrade 3,534 - - - - - 3,534
COMB Document Imaging Project 57,894 (11,102) - - - - 46,792
City Website/Intranet - (3,621) - 1,970 75,000 - 69,409
Development Technology 22,928 6,202 4,083 - - - 33,213
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 - (43,862) - 4,217 100,000 - 51,921
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 64,192 (25,015) - - 50,000 - 89,176
Total Administrative Projects 367,869 (77,399) 4,083 6,187 285,000 - 573,366
Tree Fund Projects
Citywide Tree Planting Program 33,248 (1,921) - 7,877 - - 23,450
Tree Dedication Program 21,250 125 125 - - - 21,500
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 56,248 (1,796) 125 7,877 - - 46,700
CIP Grant Street Projects
Citywide Signal Upgrade II (924) (41) - - - (965)
Saratoga Ave Sidewalk 9,218 (5,655) - - - - 3,563
Village Phase II - Construction - (84,458) - - - (84,458)
Quito Road Bridges - 1,796 - - - - 1,796
Total CIP Grant Street Projects 8,294 (88,358) - - - - (80,065)
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 4,618 1,385 - - - - 6,003
Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 17,427 1,385 - - - - 18,812
Park In-Lieu Fees Projects
Quarry Park Plan Implement 153,888 (153,214) - 788 - - (115)
Saratoga Village Creek Trail - Design - - - - 31,000 - 31,000
Saratoga Village Creek - Construction 19,000 - - - - - 19,000
Unallocated Park Fees 103,865 - 248,400 - - - 352,265
Total park In-Lieu Fees Projects 276,753 (153,214) 248,400 788 31,000 - 402,150
Gas Tax Fund Projects
Annual Street Resurfacing 108,068 308,193 49,629 12,267 33,878 - 487,501
Prospect/Saratoga OBAG Improvement 544,825 (46,134) - 324 - - 498,367
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 854,615 262,049 49,629 12,590 33,878 33,878 1,153,702
Total CIP Funds 3,858,778 (1,058,545) 449,645 124,051 2,075,602 97,946 5,103,482
41
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
42
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
Quarterly Apportionment Rates
Local Agency Investment Fund
43
SARATOGA CITY COUNCIL
MEETING DATE:April 6, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Contract with NBS for Formation & Administration of Community
Facilities District
RECOMMENDED ACTION:
Authorize the City Manager to execute an agreement with NBS for formation and administration
of a community facilities district for the Arrowhead Cooperative Company, Inc. in an amount not
to exceed $28,500, contingent upon receipt of a deposit from the Arrowhead Cooperative
Company, Inc. for the cost of formation services and other costs associated with the creation of a
community facilities district.
BACKGROUND:
At a regular meeting in November 2013, the City Council directed staff to work with Arrowhead
Cooperative Company, Inc. to form an assessment district and then issue a bond to construct
water supply improvements. Arrowhead Cooperative Company, Inc. is a private water company
that was formed in 1951 to serve six homes. Arrowhead now serves a total of 39 homes. The
Arrowhead neighborhood is located between Rolling Hills Road and Blue Hills Lane near
Prospect Road.
The water company’s infrastructure has become dated and the homeowners in the area would
like to transition to San Jose Water Company. Before San Jose Water Company will accept the 39
homes in the Arrowhead neighborhood, water infrastructure improvements need to be made that
are estimated at $5 million. As directed by the Council in 2013, staff is helping Arrowhead form
a community facilities district so that a bond can be issued to cover the cost of the improvements.
The bond would then be repaid through assessments on the properties in the Arrowhead
neighborhood. At completion of the project, ownership of the improved infrastructure will be
transferred to San Jose Water Company.
NBS will oversee formation of the community facilities district, such as determining district
boundaries, establishing the rate and method of apportionment for the district, and providing
information and materials for the official vote by the Arrowhead residents on the formation of the
district. If the district is authorized by the residents of the Arrowhead neighborhood, the
44
agreement with NBS includes ongoing administration of the community facilities district’s bond
assessments, until the debt servicing is complete.
The City has required that the Arrowhead neighborhood provide a deposit payment for initial
upfront costs that will be incurred regardless of whether the community facilities district is
approved, including the services provided by NBS. Consequently, execution of the agreement
with NBS is contingent upon receipt of the deposit from Arrowhead Cooperative Company, Inc.
The deposit is expected to be received in early April.
FISCAL STATEMENT:
The cost of the agreement will be charged against a deposit from Arrowhead Cooperative
Company, Inc. As a result, the contract will not impact the City budget.
ATTACHMENTS:
Attachment A – Agreement with NBS
2
45
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Formation and ongoing administration of a Community Facilities District (CFD) for
the Arrowhead Cooperative Company, Inc.
12/31/2017
28,500.00
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Mike Rentner
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
951-296-1997
951-296-1998
mrentner@nbsgov.com
City Manager's Office
Crystal Bothelio
13777 Fruitvale Avenue
Saratoga, CA 95070
408.868.1269
408.867.8559
cbothelio@saratoga.ca.us
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NBS Arrowhead CFD Formation & Admin.
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Amended language in Exhibit C, 13.2
Mike Rentner
President & CEO
Formation and ongoing administration of a
Community Facilities District (CFD) for the
Arrowhead Cooperative Company, Inc.
48
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City of Saratoga Services Contract
Exhibit A – Scope of Work and Payment Terms
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-End of Exhibit A -
NBS Arrowhead CFD Formation & Admin.
Scope of work and payment terms included in Exhibit A-1, including costs and scope of work for ongoing
administration of a CFD if approved.
✔1
49
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
nbsgov.com
EXHIBIT A-1
SCOPE OF SERVICES
Community Facilities District (CFD) Formation
Kick-Off Meeting, Project Schedule. NBS will meet with City staff, bond counsel, the financial advisor
and other interested parties to:
Establish lines of communication.
Clarify the specific project goals and criteria that will meet the City’s preference.
Identify and resolve any special circumstances regarding the formation of the CFD.
Develop project schedules to meet legal requirements and provide for effective interaction of all
involved parties.
Establish meeting dates consistent with schedule to achieve project milestones.
Data Collection. NBS will gather and review data relevant to the formation of the CFD. Data will be
obtained from various sources, including City records, Assessor’s parcel maps, and County Assessor
information.
District Boundaries. NBS will make determinations of the property subject to the Special Tax.
Establish boundaries for the CFD, giving consideration to both the project area and peripheral
lands.
Verify ownership based on last equalized tax roll.
Formulate concepts with viable alternatives for spreading costs reasonably within the CFD
boundary.
Cost Estimate. NBS will obtain the estimate of project costs and incidental expenses and prepare a total
project Cost Estimate.
Rate and Method of Apportionment. NBS will formulate and present the Rate and Method of
Apportionment to the City, bond counsel, the financial advisor and others, as appropriate.
Special Tax Modeling. NBS will prepare a pro forma to model the special tax based on the projected
development, land use and Rate and Method of Apportionment.
Mapping. NBS will prepare the Boundary Map and related documents and present to the City as required
by the Mello-Roos Community Facilities Act of 1982.
Special Tax Report. Based on the results of the aforementioned reviews, discussions and modifications,
NBS will prepare a detailed written report (Special Tax Report) including the Cost Estimate, the Rate and
Method of Apportionment and the Boundary Map and present to the City, bond counsel, the financial advisor
and property owners. NBS will also file the Special Tax Report with the City Clerk and will include a signed
Special Tax Certificate.
50
Page 2
Public Hearing. NBS will present all necessary testimony and respond to public comments regarding the
CFD formation proceedings.
Provide Data for Bond Documents. NBS will provide certain disclosure data for the bond documents
including the Official Statement. Such data shall include parcel data, assessed value data, value-to-lien
information, Special Tax classification information and other relevant data necessary for proper disclosure
to potential bond investors.
Review Bond Documents. NBS will review all bond documents prepared and provided by bond or other
legal counsel and the financial advisor including the Official Statement, the Bond Indenture and the
Continuing Disclosure Agreements.
Filing CFD Documents. NBS will record the Boundary Map with the County Recorder in compliance with
the Mello-Roos Community Facilities Act of 1982. NBS will record the Notice of Special Tax Lien, including
the Rate and Method of Apportionment, with the County Recorder in compliance with the Mello-Roos
Community Facilities Act of 1982.
Community Facilities District Administration
Data Collection. NBS will gather and review data pertinent to the administration of the Community
Facilities District. Data will be obtained from various sources such as assessor’s parcel maps, building
permits and county assessor information as determined to be necessary based on the requirements of
the Rate and Method of Apportionment. NBS will maintain and periodically update a database of all
parcels within the districts and relevant parcel information.
Administrative Cost Recovery. NBS will identify all costs associated with the administration of the
Community Facilities District and recover those costs through the levy process as outlined in §53317(e)
and §53340 of the Government Code of the State of California. Such costs may include, but are not be
limited to: bank fees, legal fees, county tax collection fees, and all costs and expenses of the public
agency and its consultants related to district administration.
Cash Flow Analysis. NBS will determine the cash flow requirement, acquire current fund balances and
make recommendations to keep the flow of funds and fund balances in compliance with the bond
documents. Fund transfers might include the transfer of available surplus funds to be used as levy
credits or the transfer of reserve funds to the redemption fund upon the prepayment of special taxes.
Cash flow analysis will also be performed to determine any levy shortfall or surplus collections.
Special Tax Requirement. NBS will calculate the annual Special Tax Requirement that will include all
necessary components as outlined in the Rate and Method of Apportionment, such as principal and
interest due, administrative expenses, collection for direct financing of services or facilities, and a fund
credit or replenishment as determined from analysis of the district funds.
Levy Calculation. NBS will calculate the annual special tax levy for each parcel within the Community
Facilities District following the guidelines established in the Rate and Method of Apportionment.
Meeting Attendance. NBS will attend one district related Council/Board meetings related to district
administration, as requested by the City.
Levy Submittal. NBS will submit the levy to the County Auditor Controller in the required format and
medium (i.e. e-mail, diskette). Special Taxes rejected by the County Auditor Controller will be researched
and resubmitted for collection on the County Tax Roll. Any parcels that are not submitted to the County
for collection will be invoiced directly to the parcel owner, with payment submitted to the public agency.
Special Tax Levy Report. NBS will provide an annual Special Tax Levy Report. This report will include
a parcel listing with levy amounts and other parcel information, the details of the annual Special Tax
Requirement, current delinquency information, fund analysis, administrative expenses to be recovered,51
Page 3
status of the project and current issues affecting the districts.
Delinquency Monitoring. NBS will provide a comprehensive list of delinquencies after each special tax
installment becomes due. The delinquency report will provide the district’s overall delinquency percentage
as well as a detailed list of each delinquent parcel, with the name and address of the delinquent parcel
owner, the delinquent amount and penalties.
Prepayment Calculations. NBS will provide special tax prepayment calculations to interested parties.
The party requesting the calculation shall pay the fee of any prepayment calculation.
Bond Calls. NBS will prepare the spread of principal to be called within maturities for all bond calls and
coordinate the call with the Paying Agent/Trustee.
Release of Liens. NBS will prepare all documents required to release the liens of parcels that have
prepaid the special tax.
CDIAC Reporting. NBS will perform all necessary reporting to the California Debt and Investment
Advisory Commission as required by §53359.5(b) and §53359.5(c) of the Government Code of the State
of California.
Notice of Special Tax Disclosure. NBS will provide Notice of Special Tax Disclosure notices to
requesting parties as required by §53340.2 and §53341.5 of the Government Code of the State of
California. The fee of any Notice of Special Tax shall be billed to the party requesting the disclosure form.
Toll-Free Phone Number. NBS will provide a toll-free phone number for use by the City, other interested
parties and all property owners. Our staff will be available to answer questions regarding the districts and
ongoing collection of the special tax. Bilingual staff is available for Spanish-speaking property owners.
52
Page 4
FEES
Community Facilities District Formation
Saratoga’s Arrowhead Neighborhood Water Improvements...........................................$12,500 base fee
Initial Bond Issuance Disclosure......................................................................................................$10,000
Estimated Expenses (if needed) (1)...................................................................................................$2,500
Total Not-to-Exceed Fee..................................................................................................................$25,000
Community Facilities District Administration
Consulting Services .............................................................................................................................$3,000
Estimated Expenses (if needed) (1)........................................................................................................$500
Total Not-To-Exceed of Fees Above ................................................................................................$3,500
(1) See description of expenses below
Prepayment Calculations (per request) ............................................................................................... $150
(Party requesting calculations shall pay)
Notice of Special Tax (per notice).......................................................................................................... $15
(The fee of any Notice of Special Tax shall be billed to the party requesting the disclosure form)
Hourly Rates
The following table shows our current hourly rates. Additional services authorized by the City will be billed
at this rate or the then applicable hourly rate.
Title Hourly Rate
Director $ 205
Senior Consultant/Engineer 160
Consultant 140
Analyst 120
Clerical/Support 95
Expenses
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may
include, but not be limited to travel, postage, telephone, reproduction, meals and various County charges
for tapes, maps, and recording fees.
Terms
Services will be invoiced monthly. Expenses will be itemized and included in the next regular invoice. Fees
for all other services will be invoiced upon completion of the task. If the project is prematurely terminated
by either party, Consultant shall receive payment for work completed. Payment shall be made within 30
days of submittal of an invoice. If payment is not received within 90 days simple interest will begin to accrue
at the rate of 1.5% per month. Either party can cancel administration contracts with 30 days written notice.
53
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City of Saratoga Services Contract
Exhibit C – General Provisions
1. INDEPENDENT CONTRACTOR. &LW\UHTXLUHVWKHVHUYLFHVRIDTXDOLILHGFRQVXOWDQW
WRSURYLGHWKHZRUNSURGXFWGHVFULEHGLQ([KLELW$EHFDXVHLWODFNVWKHTXDOLILHG
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1.1 In General$WDOOWLPHVGXULQJWKHWHUPRIWKLVDJUHHPHQW&RQVXOWDQWVKDOOEH
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1.4 Qualifications.&RQVXOWDQWUHSUHVHQWVDQGZDUUDQWVWR&LW\WKDWWKH&RQVXOWDQWLV
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2. COMMUNICATION AND NOTICES7KH$GPLQLVWUDWRUGHVLJQDWHGLQVHFWLRQRQ
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10. WORK PRODUCT AND RECORDS
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10.4 Use of Recycled Paper and Electronic Documents.&RQVXOWDQWVKDOOSUHSDUH
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11. CONFIDENTIAL INFORMATION&RQVXOWDQWVKDOOKROGDQ\FRQILGHQWLDO
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12. RESPONSIBILITY OF CONSULTANT&RQVXOWDQWVKDOOWDNHDOOUHVSRQVLELOLW\IRU
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13. INDEMNIFICATION. &RQVXOWDQWDQG&LW\DJUHHWKDW&LW\LWVHPSOR\HHVDJHQWVDQG
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13.1 General Indemnity7RWKHIXOOHVWH[WHQWSHUPLWWHGE\ODZ&RQVXOWDQWVKDOO
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13.4 Acknowledgement.&RQVXOWDQWDFNQRZOHGJHVWKDWLWVREOLJDWLRQSXUVXDQWWRWKLV
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14. DEFAULT AND REMEDIES.
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NBS Arrowhead CFD Formation & Admin.
66
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19. NOTICE OF NON-RENEWAL&RQVXOWDQWXQGHUVWDQGVDQGDJUHHVWKDWWKHUHLVQR
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NBS Arrowhead CFD Formation & Admin.
67
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City of Saratoga Services Contract
Exhibit D – Funding Agency Requirements
7KLVDJUHHPHQWLVIXQGHGLQSDUWSXUVXDQWWRWKHFRQWUDFWEHWZHHQ&LW\DQG
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
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NBS Arrowhead CFD Formation & Admin.
68
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Exhibit E – Special Requirements
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-End of Exhibit E-
NBS Arrowhead CFD Formation & Admin.
This Exhibit hereby amends Exhibit C, 13.2 as follows:
13.2 Duty to Defend. In addition to Consultant’s obligation to indemnify City,
Consultant shall defend, in all legal, equitable, administrative, or special
proceedings, with City's reasonable acceptance of counsel, the City and its councilmembers,
officers, and employees, immediately upon tender to Consultant of the claim in
any form or at any stage of an action or proceeding, whether or not liability is
established. An allegation or determination that persons other than Consultant are
responsible for the claim does not relieve Consultant from its separate and distinct
obligation to defend. The obligation to defend extends through final judgment,
including exhaustion of any appeals. The defense obligation includes an
obligation to provide independent defense counsel if Consultant asserts that
liability is caused in whole or in part by the negligence or willful misconduct of
the indemnified party. If it is finally adjudicated that liability was caused solely by
the negligence or willful misconduct of an indemnified party, Consultant may
submit a claim to the City for reimbursement of reasonable attorneys’ fees and
defense costs in proportion to the established comparative liability of the
indemnified party.
69
SARATOGA CITY COUNCIL
MEETING DATE: April 6, 2015
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Mary Furey, Administrative Services Director
SUBJECT: BAAQMD Electric Vehicle Station Grant Program Application
RECOMMENDED ACTION:
1. Approve resolution authorizing the City Manager to apply for and accept Charge Fast! 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 (EV) Charging Station in the Saratoga
Library parking lot.
2. Approve resolution granting the City Manager the authority to apply for and accept future
BAAQMD EV Station program grants.
3. Direct staff to include the BAAQMD funding award for the Saratoga Library’s Plug-In Electric
Vehicle Fast Charge Station project in the FY 2016/17 Capital Budget, if awarded.
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 emi ssions.”
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 provides various grant opportunities to
assist eligible entities with funding to expand the Bay Area’s network of EV charging stations and accelerate
the adoption of PEVs in the region.
As a condition of accepting an EV charging station grant, BAAQMD requires the installation, operation,
and maintenance of grant-funded charging stations for a period of three years, the collection and reporting
of operational data and electricity delivered, and compliance with State audits. Due to this obligation,
BAAQMD requires grant applications be submitted with proof of proper authorization from the City
Council or their designee. To eliminate future repetitive reports requesting Council authorization, staff is
requesting Council delegate the authority to apply for grants to the City Manager for future applications.
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 station in the Saratoga Library parking lot (for a total of eight charging stations). The current
EV stations are older technology and slower charging Level 2 pumps that were installed in 2012. 70
At the December 16th City Council meeting, the Council authorized staff to submit two grant applications
for a new DC Faster Charging Station at the Saratoga Library parking lot, and approved a budget adjustment
appropriation to add an additional $75,000 to the FY 2015/16 CIP’s current $25,000 EV Charging Station
Capitol Improvement Project (to meet grant requirements). The fast charge EV station project is estimated
to cost $91,452 in total for the dual head station purchase and installation. BAAQMD allows only one
grant per project. The City would fund the remainder of the cost.
The first grant application, submitted in December 2015, was under the Electric Vehicle Charging Station
Demonstration Project grant program that provided up to 90% of the cost of the project (for a maximum
award of $75,000). Staff was notified last month that the City did not make the award list for this grant,
but is listed first on the alternate list.
The second grant application, submitted in January 2016, was for the Charge! Program which would
reimburse both public and non-public entities up to a maximum of $25,000 for a dual head fast charging
EV station. This grant award decision was delayed due to the addition of a third grant program open to
public and non-public entities titled Charge Fast!
Th e new Charge Fast! grant program will provide up to $40,000 for a DC Fast CHAdeMO + SAE Combo
EV station. One grant criteria is that the proposed facility be at least 5 miles away from an existing publicly
available DC fast charge station. They also noted that applications that “request a reduced funding amount
to improve cost-effectiveness” would score more favorably.
This 5 mile separation requirement may prove to disqualify Saratoga from receiving a grant as ChargePoint,
the EV charging network company, is headquartered off of East Hacienda Avenue in Campbell just 4.4
miles from the Saratoga Library via Highway 85, and 4.1 miles away via Allendale Ave. and Pollard Rd.
ChargePoint! has at least 2 fast charge stations located in their parking lot that are open to the public 24
hours a day. However, BAAQMD stated they would consider an application for a station less than 5 miles
if circumstances warrant waiving the requirement.
Staff submitted supplemental information to show the lack of public Fast Charge stations in the West
Valley, that there are no Fast Charge stations along the Highway 85 corridor, that the ChargePoint!
Headquarters location is located in a business park, and that Saratoga’s proposed station would be located
at a destination point that is easily accessed by Saratoga residents and Highway 85 travelers as it is only ½
mile from Highway 85 entrances and exits. In addition, the application request was submitted for $35,000
rather than the full $40,000 available to score higher on the grant’s cost effectiveness evaluation.
As with the previous two grants, authorization to apply for the grant is required. Because the grant
application had a very short application period (a due date of March 28, 2016), BAAQMD is allowing the
Council Resolution to be submitted after the grant application deadline (by April 13, 2016). Council is
asked to approve the attached resolution providing the required authority to apply for the Charge Fast!
grant, and staff will submit the signed document to BAAQMD. As stated above, the second resolution is
to provide the City Manager with the authority to apply for and implement future BAAQMD grants as they
come up, thereby eliminating repetitive requests to Council.
The BAAQMD EV Station 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: 71
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.
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.
FINANCIAL IMPACTS:
In addition to the initial project costs, electric vehicle charging stations incur operational and maintenance
costs. Basic software maintenance runs almost $500 per year ($1,000 for dual heads) for the Level 2
stations. With about four years of experience, it has become evident that the station heads have a short life
expectation due to technology changes and equipment failures. We are estimating replacement at about 5
years, with possibly a bit longer life span for lesser used stations. This is expected to add approximately
$1,000 to $2,000 per station head onto the annual cost for Level 2. Fast Charge EV station maintenance
and replacement expenses will be greater as the cost of the station head is almost $38,000. For this reason,
Fast Charge EV fees will need to be set higher. Consequently, fee structures and amounts for both Level 2
and Fast Charge EV stations will be reviewed in more depth and any proposed changes will be presented
as part of a fee schedule amendment brought to Council prior to the installation of a fast charge EV station.
Timing-wise, BAAQMD’s grant award schedule showed the notice of proposed award is scheduled to be
sent out May 29, 2016, and the proposed funding agreement will be sent out August 31, 2016. The EV Fast
Charge Station project would be scheduled to start in September or October of 2016.
ALTERNATE ACTION:
Staff to pursue grant funding at a later date, if available.
ATTACHMENTS
1. Resolution authorizing the City Manager to apply for BAAQMD’s Charge Fast! EV Station grant.
2. Resolution authorizing the City Manager to apply for future BAAQMD EV Station grants.
72
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR AND ACCEPTANCE OF
THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT’S
CHARGE FAST! GRANT
FOR PLUG-IN ELECTRIC VEHICLE 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 Charge Fast! grant program aligns with and supports 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 grant funding will both
enhance and increase the current alternative fuel vehicle network through the installation of a fast charge
EV Station; and
WHEREAS, if awarded, the BAAQMD will allocate and administer a grant to the City of Saratoga
for fiscal year 2016/17; and
WHEREAS, the City of Saratoga propose to use grant funding to install a fast charge EV Station
at the Saratoga Library parking lot, a safe well-lighted destination location that is easily accessible to the
Saratoga community and the Highway 85 corridor; 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 BAAQMD 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 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. Confirms that the City of Saratoga has appropriated funding to purchase, install, and maintain the
Fast Charge Electric Vehicle Charging Station in excess of the grant award amount, and will operate
and maintain the station for its intended purpose for a minimum of three years.
73
4. 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 6th day of April, 2016, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
74
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR AND ACCEPTANCE OF
THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT GRANT
FOR PLUG-IN ELECTRIC VEHICLE 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 BAAQMD’s grant programs align with and supports the installation and use of
high speed electric vehicle charging station for eligible trip reduction and alternative fuel vehicle-based
projects that reduce tailpipe criteria emissions for on-road mobile sources; and
WHEREAS, the City Council of the City of Saratoga acknowledges the grant funding will both
enhance and increase the current alternative fuel vehicle network through the installation of a fast charge
EV Station; and
WHEREAS, if awarded, BAAQMD will allocate and administer a grant to the City of Saratoga
for the purpose of installing fast charge EV Stations; and
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Saratoga does hereby
authorize the Saratoga City Manager to apply for BAAQMD grants and enter into and execute construction
contracts on behalf of the City in conformance with the City’s procurement policy, to implement the
installation of Electric 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 6th day of April, 2016, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
75
SARATOGA CITY COUNCIL
MEETING DATE:April 6, 2016
DEPARTMENT:Public Works
PREPARED BY:Macedonio Nunez, Associate Engineer
SUBJECT: Transportation Development Act (TDA) Article 3 Application for the Saratoga
Avenue Walkway Project.
RECOMMENDED ACTION:
Adopt resolution supporting the Metropolitan Transportation Commission’s Transportation
Development Act Article 3 Pedestrian/Bicycle Grant Application for the Saratoga Avenue
Walkway Project.
REPORT SUMMARY:
Background:
In March 2016, Public Works staff applied for a Metropolitan Transportation Commission grant
titled Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application (TDA Article
3 Grant) for the Saratoga Avenue Walkway Project. Under the TDA Article 3 Grant, “Guaranteed”
funds are made available each year for bicycle/pedestrian projects. On January 21, 1998, a
Resolution was passed by City Council in support of the Saratoga Avenue Walkway Project that
utilized the TDA allocations. This project has been ongoing since 1992, and has created new
walkways along Saratoga Avenue from the City limits to Heritage Oak. These funds have also
funded Pedestrian Safety Improvements at Crestbrook Drive, Herriman Avenue, La Paloma Avenue
intersections, the new Bus Stop locations, sidewalk in front of the Old Post Office to Park Place and
will fund the sidewalk continuation from Park Place to just pass La Paloma Ave on the north side.
This year’s Guaranteed Allocation for the City of Saratoga is $23,945
Discussion:
Renewed authorization to submit the attached application needs to be granted by the City Council.
The limits of the newest walkway project along Saratoga Ave will be from Park Place to just pass La
Paloma Ave on the north side. This will be accomplished by adopting the attached Resolution.
FISCAL IMPACTS:
No local match is required for TDA Article 3 Grants.
Page 1 of 2
76
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The project would not be approved, and the TDA Guaranteed Allocation of $23,945 would be
reallocated to other cities in Santa Clara County.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Resolution will be forwarded to the MTC.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made available
on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available
at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may
subscribe to the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS
Resolution
Page 2 of 2
77
Resolution No. INSERT NUMBER
Re:Request to the Metropolitan Transportation Commission for the allocation of fiscal year 2016-17
Transportation Development Act Article 3 Pedestrian/Bicycle project funding
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities
Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional
transportation planning agency for the funding of projects exclusively for the benefit and/or use
of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional
transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution
No.4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,”
which delineates procedures and criteria for submission of requests for the allocation of “TDA
Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA
Article 3 funding be submitted as part of a single, countywide coordinated claim from each
county in the San Francisco Bay region; and
WHEREAS, the City of Saratoga desires to submit a request to MTC for the allocation
of TDA Article 3 funds to support the projects described in Attachment B to this resolution,
which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be
it
RESOLVED, that the City of Saratoga declares it is eligible to request an allocation of
TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be
it
RESOLVED, that there is no pending or threatened litigation that might adversely affect
the project or projects described in Attachment B to this resolution, or that might impair the
ability of the City of Saratoga to carry out the project; and furthermore, be it
RESOLVED, that the project has been reviewed by the Bicycle Advisory Committee
(BAC) of City of Saratoga
; and furthermore, be it
RESOLVED, that the City of Saratoga attests to the accuracy of and approves the
statements in Attachment A to this resolution; and furthermore, be it
RESOLVED, that a certified copy of this resolution and its attachments, and any
accompanying supporting materials shall be forwarded to the congestion management agency,
countywide transportation planning agency, or county association of governments, as the case
may be, of Santa Clara County for submission to MTC as part of the countywide coordinated
TDA Article 3 claim.
78
The City of Saratoga adopted this resolution on April 6, 2016
AYES:
NAYS:
ABSENT:
ABSTAIN
Certified to by (signature):
Manny Cappello, Mayor
Attest__________________________________
Crystal Bothelio, City Clerk City of Saratoga
79
Resolution No. INSERT NUMBER
Attachment A
Re:Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2016-17
Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Findings
Page 1 of 1
1.That the City of Saratoga is not legally impeded from submitting a request to the Metropolitan Transportation
Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of
Saratoga legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.
2.That the City of Saratoga has committed adequate staffing resources to complete the project(s) described in
Attachment B.
3.A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters,
including those related to environmental and right-of-way permits and clearances, attendant to the successful
completion of the project(s).
4.Issues attendant to securing environmental and right-of-way permits and clearances for the projects described
in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not
jeopardize the deadline for the use of the TDA funds being requested.
5.That the project(s) described in Attachment B comply with the requirements of the California Environmental
Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).
6.That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other
than TDA are assured and adequate for completion of the project(s).
7.That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for
the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping
Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for
the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article
3 funding for such a plan has not been received by the City of Saratoga within the prior five fiscal years.
8.That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit,
multimodal, complete streets, or other relevant plan.
9.That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design
criteria published in Chapter 1000 of the California Highway Design Manual.
10.That the project(s) described in Attachment B will be completed before the funds expire.
11.That the City of Saratoga agrees to maintain, or provide for the maintenance of, the project(s) and facilities
described in Attachment B, for the benefit of and use by the public.
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Resolution No. INSERT NUMBER
Attachment B
Page 1 of 2
TDA Article 3 Project Application Form
Fiscal Year of this Claim: 16-17 Applicant: City of Saratoga
Contact person: Macedonio Nunez
Mailing Address: 13777 Fruitvale Avenue, Saratoga CA 95070
E-Mail Address: mnunez@saratoga.ca.us Telephone: (408) 868-1218
Secondary Contact (in event primary not available) John Cherbone
E-Mail Address: jcherbone@saratoga.ca Telephone: (408) 868-1241
Short Title Description of Project: Saratoga Avenue Pathway Project
Amount of claim: $23,945
Functional Description of Project:
Asphalt concrete, Portland cement concrete walkway and ADA ramps along Saratoga Avenue between Park Place and just pass La Paloma on the
northside.
Financial Plan:
List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to
show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may
only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3.
Project Elements: Final design, specification, constructions and inspection
Funding Source All Prior FYs Application FY Next FY Following FYs Totals
TDA Article 3 $377,777 $23,945 $23,945
list all other sources:
1.
2.
3.
4.
Totals $377,777 $23,945 $401,722
Project Eligibility: YES?/NO?
A.Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is
anticipated).
NO
4/06/16
B.Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page.YES
C.For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California
Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov).
YES
D.Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the
project was reviewed by the BAC:__July 21, 2015 see attached letter______________________________
YES
E.Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been
evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that
include construction).
YES
F.Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and
year) March 2017
YES
G.Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such
maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:
)
YES
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PAGE 2 OF 2
TDA ARTICLE 3 PROJECT APPLICATION FORM
Project Eligibility:
B. This project has been previously funded in several cycles. See the attached TDA article 3 application for fiscal
year of claim 03/04.
D. This project is ongoing and has been reviewed in the past. See the attached TDA article 3 application for fiscal
year of claim 03/04
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Resolution No.
Attachment B
Page 1 of 1
TDA Article 3 Project Application Form
Fiscal Year of this Claim: 03/04 Applicant: City of Saratoga
Contact person: Morgan Kessler
Mailing Address: 13777 Fruitvale Avenue, Saratoga CA 95070
E-Mail Address: mkessler@saratoga.ca.us Telephone: (408) 868-1218
Secondary Contact (in event primary not available) John Cherbone
E-Mail Address: jcherbone@saratoga.ca.us Telephone: (408) 868-1241
Short Title Description of Project: Saratoga Avenue Pathway Project
Amount of claim: $17,254.00
Functional Description of Project:
Asphalt concrete & Portland cement concrete walkway along Saratoga Avenue, between Herriman Drive & Big Basin Way
Financial Plan:
List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of-way, construction,
construction management, contingency). Use the table below to show the project budget. Include prior and proposed future funding of the project.
If the project is a segment of a larger project, include prior and proposed funding sources for the other segments (make certain the use of the
currently requested funding is made clear in the “Project Elements” section below, and include any other clarifying information on the next page).
Project Elements: Final design, specification, construction, inspection.
Funding Source All Prior FYs Application FY Next FY Following FYs Totals
TDA Article 3 $103,926.00 $17,254.00 $17,254.00
list all other sources:
1.
2.
3.
4.
Totals $103,926.00 $17,254.00 $121,180.00
Project Eligibility: YES?/NO?
A.Has the project been approved by the claimant's governing body? (If "NO," on the next page provide the approximate date
approval is anticipated).
YES
B.Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on the next page.YES
C.For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California
Highway Design Manual? (Available on the internet at: http://www.dot.ca.gov/hq/oppd/hdm/chapters/t1001.htm).
D.Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation on the next page).YES
E.Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been
evidenced by the dated stamping of the document by the county clerk or county recorder? (If “NO” provide and explanation
on the next page; and note that MTC cannot allocate funds to a project which lacks environmental clearance).
YES
F.Will the project be completed within the three fiscal year time period (including the fiscal year of funding) after which the
allocation expires? Enter the anticipated completion date of project (month and year)
YES
G.Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such
maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:
)
YES
83
SARATOGA CITY COUNCIL
MEETING DATE: April 6, 2016
DEPARTMENT: Community Development
PREPARED BY: Erwin Ordoñez, Community Development Director
SUBJECT: General Plan Annual Progress Report and HCD Annual Report
RECOMMENDED ACTION:
Adopt a resolution accepting the 2015 General Plan Annual Progress Report and direct staff to file
the report with the Governor’s Office of Planning and Research (OPR) and the Department of
Housing and Community Development (HCD).
BACKGROUND:
Government Code Section 65400 requires the City Council to review and accept an annual report
on the status of their progress in implementing their General Plan. After review and acceptance,
a copy of the report is submitted to OPR and to HCD to fulfill the State mandated reporting
requirements.
ATTACHMENTS:
Attachment A: 2015 General Plan Annual Progress Report
Attachment B: Resolution
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CITY OF SARATOGA
2015 GENERAL PLAN ANNUAL PROGRESS REPORT
The City is reporting the following General Plan related activity for 2015.
GENERAL PLAN AMENDMENTS
No General Plan Amendment revisions were adopted in 2015:
ANNEXATIONS/REORGANIZATIONS
No Annexations/Reorganization were approved by the Santa Clara County Local Agency
Formation Commission (LAFCO) for the City of Saratoga in 2015.
ZONING AMENDMENTS
The following Zoning Ordinance Amendments were adopted by the City during 2015:
•ZOA 13-0003
Approval of Planned Combining Overlay Zoning for Church of the Ascension Parish to
facilitate its Master Plan and proposed priest residence (rectory).
•ZOA 15-0002
A Zoning Ordinance Amendment to revise the City’s Zoning Regulations regarding Story
Pole Requirements.
•ZOA15-0004
Approval of Planned Combining Overlay Zoning for Sacred Heart Church Complex to
facilitate its Master Plan and proposed addition to the Parish Center.
•ZOA15-0005
A Zoning Ordinance Amendment to update the City’s Zoning Regulations to reflect
annual revisions recommended by the Planning Commission.
•ZOA15-0007
Approval of various changes to Articles 15-45 (Design Review) and
16-65 (Ground Movement Regulations) of the City Code to allow limited additions to
existing structures in Geological Hazard Zones.
•ZOA15-0010
A Zoning Ordinance Amendment to revise the City’s Zoning Regulations to allow limited
additions to existing nonconforming structures
ANNUAL HOUSING ACTIVITY
The Annual Report is required to report the number of net new dwelling units issued a certificate
of occupancy during the 2015 calendar year. While there are several residential projects under
construction, the City had twelve market-rate attached townhouse and five second-units with
Below Market Rate (BMR) deed restrictions constructed in 2015.
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RESOLUTION NO. 16-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ACCEPTING THE 2015 GENERAL PLAN ANNUAL PROGRESS REPORT AND
DIRECTING STAFF TO FILE THE REPORT WITH THE GOVERNOR’S OFFICE OF
PLANNING AND RESEARCH (OPR) AND THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT (HCD)
. . .
WHEREAS, Government Code Section 65400 requires that an Annual Progress Report
(APR) be prepared highlighting the progress made on implementation of the General Plan; and
WHEREAS, the APR is to be reviewed and accepted by the City Council and
subsequently filed with OPR and HCD; and
NOW, THEREFORE BE IT RESOLVED, that the Saratoga City Council has reviewed and
accepted the 2015 General Plan Annual Progress Report and hereby directs staff to file the report
with OPR and HCD.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 6th day of April, 2016 by the following vote:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: April 6, 2016
DEPARTMENT: Community Development
PREPARED BY: Erwin Ordoñez, Community Development Director
SUBJECT: One-Year Report on Short-Term Rentals
RECOMMENDED ACTION:
Accept report.
BACKGROUND:
On April 1, 2015, the City Council reviewed the Short-Term Rentals (STR’s) regulations in
Saratoga and decided to revisit the issue in one year to determine if further direction should be
given to the Planning Commission to study the issue.
STRs, due to length of stay and operations (i.e. less than 30 days) approximate a hotel, motel, or
bed and breakfast use. These uses are only allowed by City Code Section 15-19.020(b) as
Conditional Uses in designated commercial zoning districts and require the application and
approval of a Conditional Use Permit.
An illegal STR was operating in the Brookglen Drive/Walbrook neighborhood last year which
generated a number of complaints from nearby neighbors. That code enforcement case was
closed last year after an Administrative Hearing Officer upheld the City’s Administrative
Citations all of which were paid by the operator of the STR.
In the year since this study issue was reviewed by the City Council, no new complaints have
been received regarding the Brookglen Drive/Walbrook STR and no complaints regarding STR’s
have been received.
ATTACHMENTS:
Attachment A – April 1, 2015 Staff Report
Attachment B – City Code Excerpts
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SARATOGA CITY COUNCIL
MEETING DATE: April 1, 2015
DEPARTMENT: Community Development
PREPARED BY: Erwin Ordoñez, Community Development Director
SUBJECT: Short-Term Rentals Regulation
RECOMMENDED ACTION:
Review staff research regarding Short-Term Rentals (STR’s) and provide direction to the
Planning Commission.
BACKGROUND:
Local jurisdictions throughout the nation are grappling with the issue of Short-Term Rentals
(STR’s) and the potential impact raised with these types of “new sharing economy” commercial
uses.
The advent of internet, wireless and web application-based platforms (e.g. AirBnb,
HomeExchange, etc.) allow property owners to establish these commercial businesses in areas
that are exclusively residential with relatively very-low or no investment costs and no
notification requirement to the residents of local communities. While the threshold to establish
these businesses is low, unregulated STR’s have high potential to generate unwanted impacts to
surrounding areas that can over-time erode the quality of life in a neighborhood (e.g. increased
traffic, parking demand, noise disturbances, litter, and perceived neighborhood safety issues).
On February 4, 2015, at a Joint City Council/Planning Commission, Council directed staff to
prepare an initial summary report of this issue for its review so it can provide guidance to the
Planning Commission.
Adopted City Code
The City of Saratoga Municipal Code does not allow Short-Term Rentals by-right as a Permitted
Use in any residential zoning district.
Short –Term Rentals due to length of stay and operations (i.e. less than 30 days) would most
closely approximate a hotel, motel, or bed and breakfast use. These uses are only allowed by
City Code Section 15-19.020(b) as potential Conditional Uses in designated commercial zoning
districts and require the application and approval of a Conditional Use Permit (CUP).
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An initial review of the 71 listings available on a STR-related website that resulted from a
“Saratoga, CA” keyword query determined that only 16 have the potential to be located within
the City. The other listings are located in surrounding communities or the unincorporated areas.
In July 2014, the City received its first neighborhood complaints regarding a STR business
operating unlawfully in a Single Family Residential Zoning District. The City issued a series of
Code Enforcement letters and a formal citation in December 2014. The citation was recently
upheld by the City’s outside Administrative Hearing Officer.
Staff Research
To assist with the City Council and Planning Commission review of this study issue staff has
researched other communities who have or are considering ordinances for the regulation of
STR’s.
Currently, the cities of San Jose, San Francisco and San Luis Obispo have recently adopted local
ordinances to allow and regulate STR’s with early mixed results. Copies of relevant media
reports are included in Attachment D. The cities of San Mateo and Sunnyvale are initiating their
own studies of the issue.
The City of San Jose ordinance allows both owner and non-owner occupied short-term rentals by
by-right in all residential zoning districts as “incidental uses” but sets limits on maximum number
of “transient users” and establishes a limit of 90 rental days per calendar year that the unit can
be rented out. Additionally, the ordinance requires that operators pay a 10-percent transient
occupancy tax on their rentals.
The San Luis Obispo ordinance allows only owner occupied short-term rentals and defines them
as “homestays” which can be approved by the Community Development Director through an
administrative permit. Non-owner occupied short-term rentals are classified as “vacation rentals”
and are prohibited. Homestays are not permitted uses in secondary units. The Homestay ordinance
also requires additional parking, compliance with building and fire codes, establishes a maximum
of four guests, the provision of owner contact information, and the payment of transient
occupancy taxes.
In addition to these efforts there are at least two bills which have been proposed in the State
Legislature to regulate STR’s and could pre-empt regulation by local cities. Staff will monitor
these bills as this study issue proceeds.
ISSUES TO CONSIDER:
Staff has outlined below a list of issues that could be considered by the Planning Commission if
the City Council is supportive of potential changes to the City Code to allow Short-Term Rentals
in Saratoga:
1) Defining What is considered a Short Term Rental
a) Duration of lease (i.e. less than 30 days)
b) Primary Use of the home vs. Ancillary/Accessory Short Term Rental Use
i) Limit on maximum number rooms and/or percentage of square footage 89
ii) Limit on maximum number renters (e.g. maximum of 4 persons)
iii) Use of Secondary Dwelling Units (e.g. possible loss of affordable units)
c) Owner Occupancy Requirements
i) No employees
ii) Absentee Landlords Issue
2) Identifying specific zoning districts or properties for Short Term Rental use
a) All residential zones vs. specific residential zones
3) Identifying Specific Requirements for Short Term Rental Uses
a) Additional Off-Street Parking Requirement (per room)
b) Possible New Permit/License Type
c) City Issued Short Term Rental Guest Parking Placard
d) Signs prohibited
4) Establishing a Permit Approval Process
a) Ministerial Permit (No notice or appeal) vs. Conditional Use Permit
(Administrative or Planning Commission)
5) Additional Considerations
a) Collection of Transient Occupancy Tax (TOT)
b) Additional Code Enforcement demand
ATTACHMENTS:
Attachment A – City Code Excerpts
Attachment B – Map of West Valley Short-Term Rentals
Attachment C – Copies San Francisco and San Luis Obispo Short-Term Rental Ordinances
Attachment D – Copies of Short-Term Rental Media Reports
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SARATOGA CITY COUNCIL
MEETING DATE:April 6, 2016
DEPARTMENT:Public Works
PREPARED BY:Macedonio Nunez, Associate Engineer
SUBJECT: Quito Rd Bridge Real Property Service Agreement – Award of Service Contract.
RECOMMENDED ACTION:
1.Authorize the City Manager to execute a contract for real property services with the
Contra Costa County Public Works Department for services for the right of way takes
required for the Quito Rd Bridge Project for the amount of $40,000
2.Move to authorize the staff to execute change orders to the real property services contract
up to $5,000 during the course of the right of way take process.
BACKGROUND:
The City is working with the Town of Los Gatos and the Santa Clara Valley Water District
(District) in seeking to replace two bridges on Quito Road with wider span structures that will
allow a 100-year design flow with funding through the Federal Highway Bridge Replacement and
Rehabilitation (HBRR) Program. The existing bridges are located on Quito Road crossing San
Thomas Aquino Creek near the intersection of Quito Road and Old Adobe Road.
The City of Saratoga is the lead agency, which involves overseeing the design, environmental work,
right of way acquisition, and construction. Currently, this project is in the Right-of Way Phase and
will require acquisition of right-of-way easements totaling approximately 4,532 square feet using
HBRR funding.
The HBRR grant requires the City to retain the services of a “qualified agency” or a “qualified
professional” from a Caltrans approved list to do right-of-way private property takes on behalf of
the City. City staff has decided to retain the services of a “qualified agency” the Contra Costa
County Public Works Department Real Estate Division. Their Real Estate Division has vast
experience in right-of-way private property takes and they are also are familiar with required
Caltrans policies.
Right-of-Way Acquisition
Page 1 of 3
95
Project Construction Plans indicate that in order to meet applicable design standards the project
would require fair market value acquisition of a minimal amount of additional Right-Of-Way
easements totaling approximately 4,532 square feet from portions of three adjacent privately-
owned parcels adjoining the existing right-of-way. During construction, the project will require
17,718 square feet of Temporary Construction Easement (TCE) from portions of three adjacent
privately-owned parcels adjoining the existing right-of-way. The right-of-way easements to be
acquired consist of narrow, linear areas immediately adjacent to the roadway and existing right-
of-way (See Attachment Right of Way Acquisition Figures).
Right Of Way take = 4,532 square feet
Temporary Construction Easement = 17,718 square feet
APN ROW TCE
397-05-028 2,540 SF 13,060 SF
397-05-014 788 SF 4,474 SF
407-16-008 1,204 SF 0 SF
397-05-083 0 SF 184 SF
Total =4,532 square feet 17,718 square feet
FISCAL IMPACTS:
The City will be using HBRR funding for the Right-of Way Phase. The City has been allocated
$400,000 of grant funding for this phase. The HBRR Program will reimburse 88.53% for right of
way acquisition. The remaining 11.47% ($45,880) will be the required local match for this phase.
The local match for the project is to be shared by Saratoga, Los Gatos and the District. The real
property services contract are included in this phase.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The required right-of way and temporary construction easements will not be acquired and project
cannot move forward towards construction in spring 2017.
FOLLOW UP ACTION(S):
The real property services contract will be executed and the agency will be issued a Notice to
Proceed. Work will begin as soon as possible and offers to the private property owners will be made
by July of 2016.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made available
on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available
Page 2 of 3
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at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may
subscribe to the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS
1. Right of Way Acquisition Figures
2. Real Property Services Agreement
Page 3 of 3
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100
101
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REAL PROPERTY SERVICES AGREEMENT
1. Effective Date and Parties. Effective on ______________________, the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California
("County"), and the CITY OF SARATOGA, a municipal corporation ("City”), hereby
mutually promise and agree as follows:
2. Purpose. The City has no right of way staff and desires to contract with the
County for various real estate services.
3. Services by County. County will provide City the following services, as directed
by City: appraisal review and support; negotiations, land rights document
preparation; right of way acquisition; right of way project management; title and
escrow support; right of way certification, and/or supervision of independent
contractors providing such services; and related work as required (all of which
constitute “Services”).
The County warrants that it will perform these services in accordance with accepted
professional standards and procedures.
4. Payment for Services. City shall reimburse County, at the hourly charge out rate
in Appendix “A”, attached hereto, for all time that County real property agents
perform Services for City under this Agreement. City shall reimburse County for
costs of expert and contractors retained by County in the performance of the
Services. City shall reimburse County for all other expenses County incurs in the
performance of the Services, including but not limited to all City approved
acquisition settlements and any other costs of acquisition such as title fees,
recording fees, and escrow costs that the County actually incurs to perform the
Services. If additional services are required, City and County may amend this
agreement to provide for payment for those additional services. Payments by City
shall be made within sixty (60) days of billing by County.
City agrees that in addition to funds set aside by this agreement for staff support, it
will fund either by direct reimbursement to County, or payment directly into escrow,
the agreed upon purchase price, escrow fees, and other related costs which may be
a condition of sale.
5. Indemnification. County shall defend, indemnify, and hold harmless the City, its
officers, and employees for any claims, liabilities, damage, injury, or death of or to
any person, or the property of any person, including attorney's and expert fees,
(collectively, "Liabilities") that arise out of the willful misconduct or the negligent
acts, errors or omissions of the County, its officers, employees, agents and
volunteers, in performing any of its or their obligations under this Agreement.
Notwithstanding anything to the contrary, County shall not be obligated to indemnify
City, its officers, and employees for any portion of Liabilities that arise out of City’s,
or its officers’ or employees’ willful misconduct or negligent acts, errors, or
omissions. 102
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City shall defend, indemnify, and hold harmless County its officers, and employees
for any Liabilities that arise out of the willful misconduct or the negligent acts, errors
or omissions of the City, its officers, employees, agents and volunteers, in
performing any of its or their obligations under this Agreement. Notwithstanding
anything to the contrary, City shall not be obligated to indemnify County, its officers,
and employees for any portion of Liabilities that arise out of County's, or its officers’,
and employees’ willful misconduct or negligent acts, errors, or omissions.
6. Independent Status. Nothing herein shall be construed to imply that any County
employee providing services hereunder is a City employee.
7. Term. The term of this agreement shall commence on the effective date hereof
and shall end upon termination by either party upon thirty (30) days written notice.
The rights and obligations of Paragraph 5 "Indemnification" shall survive any such
termination. Within thirty (30) days after the termination of this Agreement, City
shall pay the County for all unpaid charges and costs the County incurs under this
Agreement through the termination of the Agreement.
8. Notices. Any notice required to be given to County and City hereunder will be
sufficient if delivered in writing as designated below, or to such other addresses as
County and City may respectively designate by written notice to the other:
To County: Contra Costa County Public Works Department
c/o Real Estate Division
255 Glacier Drive
Martinez, CA 94553
925-313-2220
To City: City of Saratoga
c/o City Clerk
13777 Fruitvale Ave,
Saratoga, CA 95070
Notice given by personal delivery shall be deemed complete upon delivery.
Notice given by Overnight Carrier shall be deemed complete on the day
after it is postmarked. Notice given by U.S. Mail shall be deemed
complete on the third day after it is postmarked.
9. Entire Agreement. This Agreement contains the entire agreement between the
County and City and supersedes any and all other prior agreements and all
negotiations leading up to the execution of this Agreement, whether oral or in
writing, between the County and City . The County and City acknowledge that no
representations, inducements, promises, or statements, oral or otherwise, have
been made by either of them or by anyone acting on behalf of them that are
not embodied or incorporated by reference herein, and further agree that no other
covenant, representation, inducement, promise, or statement not set forth in this
Agreement shall be valid or binding.
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10. Amendments and Modifications. This Agreement may not be modified or
amended except in a writing that is approved by the County and City.
11. Governing Law. This Agreement shall be governed by and construed in
accordance with California law.
12. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original.
13. Severability. If any term or provision of this Agreement shall, to any extent, be held
invalid or unenforceable, the remainder of this Agreement shall not be affected.
14. No Third-Party Beneficiaries. Nothing in this Agreement creates, nor shall it be
interpreted to create, any third-party beneficiaries.
COUNTY OF CONTRA COSTA CITY OF SARATOGA
By _____________________________ By ____________________________
Chair, Board of Supervisors
ATTEST:________________________ ATTEST: _______________________
David Twa, Clerk of the Board of NAME
Supervisors and County Administrator City Clerk
Recommended to the County Countersigned:
Board of Supervisors for Approval:
By _____________________________
Karen A. Laws
Principal Real Property Agent
By _____________________________
Julia R. Bueren
Public Works Director
Approved as to Form: Approved as to Form:
Sharon L. Anderson, County Counsel
By By ____________________________
Deputy County Counsel Richard Taylor, City Attorney
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APPENDIX “A”
Pay Rate Schedule
City shall reimburse the COUNTY for labor costs as detailed below:
1. COUNTY direct labor rates shall include the base salary wages paid to personnel
plus fringe benefits. Total labor rate shall include direct labor rate multiplied by
County's overhead rate. The total labor rate shall not exceed the range of labor
rates by classification, included as Attachment 1.
2. COUNTY's overhead rate shall be a summation of division and department
overhead rates. Appropriate overhead rates for COUNTY shall be developed based
on procedure previously approved as described below:
In general, the division overhead rates are determined by identifying each division's
total expenditures after adjustments less any non-labor generated revenue. The
division expenditures are then divided by the productive hours for the division
establishing the overhead rate needed to cover the remaining net cost of division
expenditures. The department overhead rates are determined similar to the division
rate by dividing the total department expenditures by the total billable hours. Each
year overhead rates will be evaluated and adjusted to reflect the actual costs from
the previous fiscal year.
3. COUNTY may adjust both labor rates and overhead rates periodically due to
contracted salary increases and overhead rate changes. COUNTY shall submit any
changes to rates to the City prior to invoicing.
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ATTACHMENT 1
Project: Quito Road Bridges.
A. Budget.
County’s Services will be related to the acquisition from four private property
owners: two (2) owners with partial fee acquisitions and temporary construction
easements (TCEs), one (1) owner partial fee acquisitions and one (1) owner with a
TCE for City’s above-described Project. County’s charges for Services under this
Agreement will be allocated according to the following budget:
ADMINISTRATION $ 18,000
APPRAISAL REVIEW $ 3,000
NEGOTIATIONS/ACQUISITION $ 10,000
CONDEMNATION SUPPORT $ 5,000
RIGHT OF WAY CERTIFICATION $ 4,000
$ 40,000
TOTAL PROPOSAL FOR THE PROJECT: $40,000
B. Charge-Out Rates . County will charge City for Services under this Agreement at the
following hourly rates:
REAL PROPERTY AGENT HOURLY CHARGE OUT RATE
Hourly Rate
Principal Real Property Agent $208/hr to $220/hr
Supervising Real Property Agent $163/hr to $180/hr
Senior Real Property Agent $153/hr to $165/hr
Assistant Real Property Agent $110/hr to $125/hr
Senior Real Property Technical Assistant $103/hr to $120/hr
Real Property Technical Assistant $ 77/hr to $105/hr
:cps
\\PW-DATA\grpdata\realprop\City of Saratoga-Quito Bridges\AG.17 (a) City-County Real Prop Services Agreement-Saratoga.doc
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767043.1
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SARATOGA CITY COUNCIL
MEETING DATE: April 6, 2016
DEPARTMENT: City Manager’s Department
PREPARED BY: Brian Babcock, Administrative Analyst I
SUBJECT: City Video Program
RECOMMENDATION:
1. Approve a quarterly selection process to choose topics and hosts for City videos
2. Provide direction on funding for additional City videos in the Fiscal Year 2016/17 budget
BACKGROUND:
At its February 5, 2016 Council Retreat, the City Council received a Communications Progress
Report and directed staff to return with a City Video Program before the April 18 Budget Study
Session. Council requested that the program included a template for City videos, cost
information to have a third party film and edit videos, and information about the number of
videos that could be produced internally or through a third party. City videos have been used as
audiovisual presentations to inform and educate residents on important projects and activities
within Saratoga.
The first video was produced in May 2013 and focused on the history and project plan for the
Quarry Park property. Since then, a total of 11 Council-hosted videos have been produced
covering Capital Improvement Plan projects, State of the City Addresses, and Public Service
Announcements. New videos are posted to the City’s website and on social media accounts in
order to make them available and easily attainable. The entire library of videos can be viewed at
www.youtube.com/CityHallSaratoga or www.vimeo.com/CityofSaratoga.
SUMMARY:
The Council could select City video topics and hosts quarterly, which would be brought forth
with the review of The Saratogan and online survey questions.
Staff can produce up to five videos next fiscal year based on current resources and priorities.
A videographer could be hired to produce up to 10 videos next fiscal year at an estimated
cost of $8,000.
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DISCUSSION:
The draft City Video Program, as requested by Council, consists of the following components:
Video Template
Staff has made an effort to keep videos relatively short (2½ to 3½ minutes) and clearly and
concisely discuss the appropriate information pertaining to the subject of the video. To ensure
that this practice continues, staff is creating a Video Style Guide with the purpose of giving the
videos a similar look and feel and to brand them as City videos. The guide will include a video
template, which will outline the City’s expectations for the length of videos, how videos should
look (including the use of images, music, and title bars) and the placement of the City logo
before and after the video, for example. An abridged version of the template is below.
Video Template Outline:
1) Opening Slide: City of Saratoga Logo
2) Video Title Slide: Official Name of the Project
3) Opening Frame: Introduction of Host and Summarization of Video Topic
4) Following Frames: Information on the Video Topic
5) Closing Frame: Where Public Can Go for More Information and Who to Contact
6) Closing Slide: City of Saratoga Logo
An example of what videos should look like is the latest Cox Avenue Water Main Pipeline
Replacement Project video, which can be viewed here: https://youtu.be/dunyrhxj9XU.
Topic Selection Process
City videos have been created on an as-needed basis at the request of individual Council
Members. Formalizing the process for identification of video topics and selection of video hosts
would help facilitate a more structured video program. It would also provide staff with more time
to produce scripts and other materials needed for the video, such as supplemental video footage,
and release the video in a timely manner.
One option for formalizing the selection of topics and hosts is to have staff bring forward a
report about the upcoming year’s Video Program in the spring before the beginning of a new
fiscal year. At this meeting, Council would receive a report on any changes to the cost of the
program and how many videos could be expected to be completed for the year.
At the same spring meeting, staff would bring forward ideas for video topics that could be
completed in the first quarter of the new fiscal year. During the meeting, the City Council would
select topics for the quarter and assign hosts for each video. Any requested changes to video
topics or hosts received after the meeting would be brought before the City Council for
consideration. Additionally, at the beginning of each subsequent quarter staff would provide the
Council with a progress report on completed videos and seek approval of video topics and hosts
for the new quarter. The quarterly selection of video topics and hosts could be combined with the
staff report regarding The Saratogan and online survey questions.
The City Council could also choose to make a certain number of videos available to City
Commissions. The Planning Commission has expressed interest in creating videos this upcoming
fiscal year to help inform residents about the Planning Commission process. Topics might
include a general overview of what applicants can expect at Planning Commission meetings, a 109
summary of the notification process, and how to navigate the City’s website to find Planning
Commission agendas and other documents.
Use of Outside Vendors
The Council asked staff to obtain pricing information to have an outside videographer produce
videos. Hiring a contractor to perform these duties would save staff time and allow the City to
produce more videos per year than if videos continued to be produced completely in-house. The
vendor would be responsible for shooting the video, including supplemental footage, and editing
the video and staff would continue to write the scripts, be on-site during shoots, and retain final
cut privileges.
Up to 10 videos could be completed per year using this model. The City has received multiple
quotes from companies for video services. Based on these quotes, production of a maximum of
10 videos in a fiscal year is estimated at $8,000. If videos are produced internally, staff estimates
that five videos could be produced per year given current staffing resources and communications
priorities.
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SARATOGA CITY COUNCIL
MEETING DATE:April 6, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:City of Saratoga Code Enforcement Program
RECOMMENDED ACTION:
Provide direction on the Code Enforcement Program’s service levels, staffing, and policies.
BACKGROUND:
At the City Council Retreat in February 5, 2016, the City Council directed staff to schedule an
agenda item on the City’s Code Enforcement Program prior to the Budget Study Session on April
18, 2016 to discuss the nature of the code enforcement service levels, staffing, and policies.
Code Enforcement Service Levels
Since 2011, the City’s code compliance responsibilities have been distributed among planning
and building staff. With improvements to the economy creating a greater demand for planning
and building services, it became increasingly difficult for planning and building staff to respond
to code complaints. As a result, the City Council authorized the City Manager to execute an
agreement for contract code compliance services at the November 18, 2015 City Council
Meeting. Starting in January 2016, contract code compliance staff have been working 2 days per
week with one day spent conducting inspections and follow up on various complaints and the
second day on enforcement of temporary signage regulations. In total, contract code compliance
staff members are currently providing 13 to 16 hours of service per week.
With the transition to contract code compliance staff, oversight of code enforcement (not
including the building code) has been transferred to the City Manager’s Office. City Manager’s
Office staff has been spending roughly 10 hours per week on code compliance efforts, such as
preparing and sending notices of violation and warning letters, responding to complaints,
creating informational materials, reviewing City Code, and establishing internal procedures for
the program.
Additionally, there is code enforcement work associated with the City Arborist position. The
workload associated with responding to violations of tree regulations in the City Code is
estimated at 6 to 10 hours per week.
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Combined, the hours currently spent on code enforcement amount to roughly 36 hours per week.
This total does not include the time of Community Development staff members spent overseeing
compliance with building and zoning code or administration of special event permits, solicitors’
permits, noise permits, or other functions previously handled by the code enforcement officer.
Given the current code enforcement workload, consolidating the various code enforcement
responsibilities could easily fill 40 hours per week.
Code Enforcement Staffing
During the Council Retreat, there was some discussion of the value of contract staff versus
permanent staff. Contract staff offer far greater flexibility, as it allows service levels to be
adjusted. This makes contracting an excellent option for assignments with fluctuating caseloads
as it allows the City to increase or decrease service hours as needed. Additionally, contract
staffing can be modified based on desired skills or experience as special needs arise.
Conversely, permanent staff offers more reliability in staffing and this in turn affects the City’s
ability to be responsive to complaints. Since January 2016, the City has worked with 4 different
contract code enforcement officers due to conflicting assignments or schedule changes. The
frequent changes have made it difficult to provide timely enforcement, because each new staff
member requires an orientation to the City. Before following up on complaints or investigating
cases, contract staff needs to become familiar with Saratoga, learn about the City’s code
enforcement process and approach, become acquainted with the City Code, catch up on open
cases, set up phones and email, and learn the City’s software.
Additionally, frequent staffing changes have made it difficult to implement a consistent
enforcement strategy. Orienting new contractors has reduced the amount of time available to
develop and refine the City’s code enforcement policies and practices. As a result, the City has
yet to build the tools needed, like internal procedures, to enforce the City Code consistently.
Furthermore, permanent staff are better equipped to integrate within the Saratoga culture and
develop relationships within the community. The City has had a longstanding practice of seeking
voluntary compliance before issuing notices of violation or other penalties. Lack of awareness of
community priorities and relationships with residents makes it difficult to achieve voluntary
compliance. The current contract staffing level of 2 days per week and frequent changes in
personnel have made it more challenging to achieve voluntary compliance.
The currently hourly rate for the City’s contract code enforcement staff is $85. The estimated
cost of a full time contract code compliance officer with the City’s current contractor is roughly
$177,000. The full cost to the City to hire a full time equivalent (FTE) code compliance officer is
$128,009 ($64,277 for .50 FTE, $102,516 for .80 FTE). This number represents the total cost to
the City. The maximum annual salary for the position based on a salary survey of Saratoga’s
comparison cities for Fiscal Year 2016/17 is $92,229.
In addition to the direct staffing costs associated with code enforcement, continued focus on code
enforcement is expected to impact the City’s legal counsel expenses regardless of whether the
City hires a permanent enforcement officer or continues using contract staff. As the program
matures, these expenses will level out. Furthermore, a permanent code enforcement officer
would likely be able to perform compliance work with less involvement of legal counsel over
2
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time as the staff member gains confidence in the position and the program becomes more
structured.
While full time permanent staff member is less expensive than a full time contractor, the side-by-
side comparison of costs is just one factor to consider when deciding between a contractor and
permanent staff. As noted above there are a number of qualitative considerations that distinguish
both options. Ultimately, the decision between these two options depends on the Council’s goals
for the Code Enforcement Program.
Code Enforcement Policies & Approach
The City has two primary policies on record that guide code enforcement functions (attached).
The first is a resolution adopted in 1992 that reaffirms the names of reporting parties in code
violation cases will be kept confidential.
The second policy, adopted via Resolution 04-018, states that complaints may not be filed
anonymously, establishes priority for addressing complaints, and calls for approaches that
promote voluntary compliance and mediation before official code enforcement actions are taken.
The resolution outlines specific procedures for mediation and use of the County of Santa Clara
Mediation Service.
While the County still offers mediation services to all residents of Santa Clara County, the scope
of these services has shifted towards settling all or part of a case intended to go to court or trial.
Furthermore, mediation is not always the most effective approach for resolving code
enforcement complaints. Neighbors are often unwilling to participate in mediation for cases that
involve ongoing disputes. Furthermore, mediation has very limited effectiveness in resolving
simple, clear cut violations reported to the City. As a result, violations are not handled as
prescribed in Resolution 04-018, though the City does still work towards voluntary compliance
before issuing penalties.
While both policies provide some guidance on how to handle code enforcement cases, staff
recommends that the Council direct staff to return with a more comprehensive policy that
supersedes Resolutions 92-082 and 04-018. An updated resolution could include language that:
affirms the City’s primarily complaint-based approach (except when violations represent a threat
to health and safety); reconciles and clarifies language in the two existing resolutions that states
complaints will be confidential yet cannot be filed anonymously; verifies priorities for
complaints; establishes guidelines for the code enforcement process; defines the role and
expectations of the Code Enforcement Program; establishes priorities for methods of
enforcement, such as the progression from issuing a notice of violation, issuing an administrative
citation or other penalty, recording a notice of violation, or conducting nuisance abatement; and
encourages resolution of complaints through voluntary compliance.
ATTACHMENTS:
Attachment A – Resolution 92-082
Attachment B – Resolution 04-018
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DEC-04-'92 FRI 13:15 JD:MEYERS NAVE ET RL TEL NO:510/351-4481 1=*595 P02
RESOLUTION 92-082
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA BALANCING COMPETING
INTERESTS AND REAFFIRMING POLICY OF
MAINTAINING CONFIDENTIALITY OF NAMES
OF PERSONS REPORTING POSSIBLE CODE VIOLATIONS
a.al~.l.
WHEREAS, the City of saratoga ("City") employs a
oomprehensive, aggressive progra. of code Enforcement in the
City 1 and
WHEREAS, the City's code enforcement program receives on the
average 1000 contacts per year from citizens reporting possible
violations of the City Code; and
WHEREAS, as part of its code enforcement program, the city
by and through its administrative staff receives and investigates
each report of possible oode violation and responds to each
reporting party regarding the results of the investigation; and
WHEREAS, receiving and investigating citizen reports of
po.sible code violation is an integral component ot the city's
Code Enforcement Program and, with limited resources, the city
depends upon and enoourages such communication trom its oitizens;
and
WHEREAS, once a report of possible code violation is
inv..tiqated and a violation is determined to have occurred or to
exist, the City beoomes the "complaininq party" and pursues
enforoement without the assistance of the oriqinal reporting
person; and
WHEREAS, onoe the information regarding a possible oode
violation 1. ~.ceived, the sole purpose tor retaining the name ot
the reporting person is to respond baok to that person reqarding
the results ot the investiqation# and
WHEREAS, the information contained in a report of possible
code violation, other than the name of the reporting person, is
generally subject tobeinq disolosed to the publio;
NOW, THEREFORE, the city council of the city ot Saratoga
do.. r.solve as follows:
1. Pursuant to section 6~55 of the California PUblic
Reoords Act (Government Code Section 6250 ~ ~) the council
haa balanced the public interest served by not making the names
of persona reporting possible code violations publio
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DEC -04-' 92 FR I 13 : 16 ID: t1E'YERS NRIJE ET RL TEL NO:~lB/351-4481 Þ595 P03
public in~.r..~ served by disclosurQ of suoh information, and has
conoluded tha~ tor the reasons set forth above, the pUblic
interest .erved by withholding such information clearly outweighs
the public inter.st served by disclosinq such information.
2. The city Council reaffirms the polioy of thQ City of
Saratoqa ~o maintain as confidential the names of persons
reporting po..ible code violations to the city, unless otherwise
required by law to disclose such information.
pa..ed and adopted at a regular meeting of the City Council
of the city of Saratoga held on the 16th _ day of pee ember .. . ,
1992, by the following vote:
AYES:Counoil.embers Burger, Kohler, Mania, Tucker and Mayor Anderson
NOBS: Hone
ABSENT: Hone
ABSTAIN: None
tJÞ~tft<j,
Hayor
ATTEST:
J. . C:. it
1!P.A!i-U-- ~/
Deputy Cit7 Olark ~
o.a....r 4, 1"2
212\~.\
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RESOLUTION NO. 04-018
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
ESTABLISHING A CODE ENFORCEMENT POLICY
A. The City of Saratoga recognizes that its residents desire to have provisions of the
City Code be enforced. To enable citizen participation, the City has in place a
system whereby residents may make complaints of alleged Code violations. No
anonymous complaints are accepted.
B. Limited funds are available for all City services, including Code Enforcement.
Depending on the number and type of pending complaints, Code Enforcement
staff may not be able to respond promptly to all complaints.
C. The first priority of the City is to respond to complaints concerning alleged
violations that present an immediate threat to public health and safety or the
environment and to next respond to complaints of activities of limited duration
that are in process, present a clear violation of the City Code, and that can be
resolved through immediate action.
D. The City has found that in many cases, enforcement of the Code does not fully
address the circumstances that may have led to the filing of a complaint.
E. To make the most effective use of City Code Enforcement resources and to foster
comprehensive solutions to community concerns, the City will encourage informal
resolution of Code violation complaints by encouraging each complainant and the
alleged violator to participate in mediation pursuant to this policy.
THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following
policy:
Prior to enforcement action by the City on a complaint, each complainant and alleged
violator shall be requested to participate in mediation unless Code Enforcement staff, in
its sole discretion, determines the complaint concerns an immediate threat of danger to
health, life, safety, or irreparable environmental damage, or for another reason is not
appropriate for mediation.
Code Enforcement will follow the procedures outlined below when receiving a complaint
of a Code
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Step 1: Evaluation. Code Enforcement will evaluate the complaint to determine
whether immediate action is necessary because it involves an immediate threat of danger
to health, life, safety, or irreparable environmental damage. Code Enforcement will also
evaluate whether the alleged violation is preventable and requires an immediate "Stop
Work Order." Code Enforcement retains the complete discretion to determine when an
alleged violation requires immediate action.
Step 2: Notify parties of mediation. Within 10 days after receiving the complaint,
Code Enforcement shall request the County of Santa Clara Mediation Service to contact
the complainant and the alleged violator to encourage their participation in mediation
within 30 days from the date of the complaint or as soon thereafter as a mediator is
available.
Step 3: Mediation. The mediation process shall be as follows:
a) The parties shall attempt to mediate a solution in front of an impartial mediator. The
mediator shall be a trained mediator from the County of Santa Clara Mediation Service or
another mutually agreeable mediator.
b) The mediation meeting may be informal. The mediation process may include the
hearing of viewpoints of interested neighbors or other persons. Parties are encouraged to
contact immediate neighbors and solicit input.
c) The mediator shall consider the purposes and policies set forth in the applicable
ordinance in attempting to resolve the dispute. The mediator will outline options and set
time frames based on the issues relevant under the code in question.
d) The mediator shall not have the power to issue binding orders for restorative action,
but shall strive to enable the parties to resolve their dispute by written agreement in order
to expedite the corrective action and eliminate the need for further involvement by Code
Enforcement staff. lfthe alleged violation can be solved through the outlined options, to
the satisfaction of the parties and the City, the parties shall enter into a signed and dated
compliance agreement which sets forth specific compliance requirements and schedule.
e) If a signed and dated compliance agreement satisfactory to the City is consummated
through this mediation process, the violation is corrected and the case is closed.
Step 4: Code Enforcement Prioritization. Code Enforcement will in its sole and
complete discretion prioritize the complaint into the levels listed below. The response
time will depend on the priority level of the alleged code violation.
1st Priority: Alleged violations which Code Enforcement determines to involve
health, life, safety, or irreparable environmental damage concerns or in which
significant environmental damage or costly remediation can be avoided by
issuance of an immediate Stop Work
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2nd Priority: Alleged violations which Code Enforcement determines to directly
affect the complainant or the complainant's property.
3rd Priority: Alleged violations other than priority levels 1,2, and 4.
4th Priority: Alleged violations made by a complainant who refuses to
participation in mediation.
In determining the priority of a specific enforcement action within Priority Level 3, Code
Enforcement staff may consider any and all factors it deems relevant, including but not
limited to whether resources are best spent on one violation or another; whether Code
Enforcement is likely to succeed if it acts; whether the particular enforcement action
requested best fits the City's overall policies; and whether Code Enforcement has enough
resources to undertake the action at all.
PASSED AND ADOPTED by the City Council of the City of Saratoga, State of
California, this 4TH day of Febmary 2004, by the following vote:
AYES:Councilmembers Stan Bogosian, Norman Kline, Nick Streit,
Vice Mayor Kathleen King, Mayor Ann Waltonsmith
NOES: None
ABSENT: None
ABSTAIN: None c¿;;~
Ann Waltonsmith, Mayor
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