HomeMy WebLinkAbout06-15-2016 City Council Agenda PacketSaratoga City Council Agenda – Page 1 of 5
SARATOGA CITY COUNCIL
REGULAR MEETING
JUNE 15, 2016
6:00 P.M. JOINT MEETING
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
Joint Meeting with the Santa Clara County Fire Department and Santa Clara County
FireSafe Council
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 June 10, 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
None
SPECIAL PRESENTATIONS
Presentation on Community Wildfire Protection Plan from Santa Clara County Fire
Department
Recommended Action:
Receive presentation from the Santa Clara County Fire Department on efforts to establish a
Community Wildfire Protection Plan for communities in Santa Clara County.
Saratoga City Council Agenda – Page 2 of 5
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 June 1,
2016.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
5/31/2016 Period 11, 06/07/2016 Period 12
1.3. Resolution Calling for General Municipal Election – November 8, 2016
Recommended Action:
Approve the attached resolution calling for a consolidated, General Municipal Election
on November 8, 2016.
1.4. Final map approval for seven lots located at the terminus of Paramount Drive and
Paramount Court, Owner: Paramount Venture, LLC
Recommended Action:
1. Move to adopt Resolution granting final map approval of tentative map application
No. SUB 13-0003 for seven lots located at the terminus of Paramount Drive and
Paramount Court.
2. Move to authorize the City Manager to execute the Subdivision Improvement
Agreement.
3. Move to authorize the City Manager to execute Stormwater Treatment Measures
Construction, Inspection and Maintenance Agreement
1.5. Budget Adjustment Resolution – Santa Clara County Public Health Department Grant
for Water Refilling Station
Recommended Action:
Approve budget adjustment resolution for Fiscal Year 2015/16.
1.6. Donation Agreement for Movie Night 2016
Recommended Action:
Authorize the City Manager to execute a donation agreement with Intero Real Estate
Services and accept a donation from Intero Real Estate Services in the amount of
$1,500 for the June 17, 2016 Summer Movie Night at El Quito Park.
Saratoga City Council Agenda – Page 3 of 5
2. PUBLIC HEARING
Items placed under this section of the Agenda are those defined by law as requiring a
special notice and/or a pubic hearing or those called by the City Council on its own
volition. During Public Hearings for appeals, Applicants/Appellants and/or their
representatives have a total of ten (10) minutes maximum for opening statements. Members
of the public may comment on any item for up to three (3) minutes. The amount of time for
public comment may be reduced by the Mayor or by action of the City Council. After public
comment, the Applicant/Appellants and/or their representatives have a total of five (5)
minutes maximum for closing statements. Items requested for continuance are subject to the
City Council's approval at the Council Meeting.
2.1. Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous
Vegetation (Brush)
Recommended Action:
1. Open public hearing, listen to public testimony, and close public hearing; and
2. Adopt resolution overruling objections and ordering hazardous vegetation
abatement (brush).
2.2. Annual Code Update for 2016
Recommended Action:
Conduct the public hearing, introduce and waive the first reading of the attached
ordinance updating various provisions of the City Code, and direct staff to place the
matter on the consent calendar for the next regular meeting of the City Council.
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Citywide 2020 x 2020 Tree Planting Program
Recommended Action:
1. Approve the Mayor’s challenge to plant 2,020 trees citywide by the year 2020.
2. Allocate $10,000 from the City’s Tree Fund to offset the cost of new trees planted
in residential front yards.
3. Provide direction to staff on the level of City funding for each tree planted under
the program.
4.2. Resolution Updating the Library Commission’s Structure, Administration,
Responsibilities, Duties, and Relationships
Recommended Action:
Approve the resolution updating the Library Commission’s structure, administration,
responsibilities, duties, and relationships.
Saratoga City Council Agenda – Page 4 of 5
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 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
Saratoga City Council Agenda – Page 5 of 5
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 June 10, 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 10th day of June 2016 at Saratoga, California.
Crystal Bothelio, City Clerk
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 co pies 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]
06/15 Regular Meeting – 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 – 4:30 p.m. CLOSED SESSION, 6:00 p.m. Joint Meeting with Chamber of
Commerce and Destination Saratoga
09/07 Regular Meeting – 5:00 p.m. Commission Interviews, 6:00 p.m. Joint Meeting with SASCC
09/21 Regular Meeting – 5:00 p.m. Joint Study Session with Traffic Safety Commission, 6:00 p.m. 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 Historical Foundation, 6:00 p.m. Joint Meeting
with Sheriff’s Office
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 Santa Clara County Fire Department & Santa Clara
County FireSafe Council
June 15, 2016 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m. Welcome & Introductions
6:15 p.m. Santa Clara County Fire Department Updates
6:30 p.m. Santa Clara County FireSafe Council 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
SARATOGA CITY COUNCIL
MEETING DATE:June 15, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Presentation on Community Wildfire Protection Plan from Santa Clara
County Fire Department
RECOMMENDED ACTION:
Receive presentation from the Santa Clara County Fire Department on efforts to establish a
Community Wildfire Protection Plan for communities in Santa Clara County.
BACKGROUND:
Earlier this year, the Santa Clara County Fire Department launched efforts to prepare a
Community Wildfire Protection Plan (CWPP) for the entire County. CWPPs outline how a
community will prevent and respond to wildfires and may address a variety of topics, including
wildfire response, hazard mitigation, community preparation, or priorities for response in the
wildland-urban interface.
As part of the effort to create a countywide CWPP, the County has been working to engage
residents. The County held a series of meetings in February and May to engage residents and
seek their input on areas at risk for fire, ideas on wildfire protection, recommendations on
treatments of hazardous fuel, and prioritization of wildfire mitigation projects.
The City of Saratoga annex to the draft CWPP is attached to this report. The full draft of the
CWPP is available on the County Fire website at http://www.sccfd.org/santa-clara-county-
community-wildfire-protection-plan.
ATTACHMENTS:
Attachment A –Draft County Fire Community Wildfire Protection Plan Saratoga Annex
7
Santa Clara County Community Wildfire Protection Plan
Annex 1. Santa Clara County Central Fire Protection District – Chapter 2
SWCA Environmental Consultants 36 June 2016
ANNEX 1
CHAPTER 2 CITY OF SARATOGA
The City of Saratoga is located on the west side of the Santa Clara Valley directly west of San
Jose, bordered to the east by Los Gatos and Monte Sereno to the southeast (Figure 2.1). The
population in 2010 was 29,926 with a population density of 2,416.9 people per square mile (U.S.
Census Bureau 2010).
Figure 2.1. City of Saratoga
ORGANIZATION AND JURISDICTION
The City of Saratoga is governed by a publicly elected city council and has authority for General
Plan-land use planning, code adoption and permit processing. The City of Saratoga does not have
a city fire department.
All lands within the city limits of Saratoga are Local Responsibility Area (LRA).
Fire Protection services for the City of Saratoga is split jurisdictionally between the two fire
protection districts. The Saratoga Fire Protection District (Annex 3), an independent special district
encompasses the western half of the City of Saratoga. The eastern half of the city is within the
Santa Clara County Central Fire Protection District (a Board of Supervisors governed dependent
special district) that also provides fire protection to other local cities and unincorporated areas
Figure 2.1).
The planning area is best described as a wildland-urban intermix with homes scattered amongst
wildland fuels, although Saratoga Old Town is also considered a WUI designation. The City of
8
Santa Clara County Community Wildfire Protection Plan
Annex 1. Santa Clara County Central Fire Protection District – Chapter 2
SWCA Environmental Consultants 37 June 2016
Saratoga WUI planning area includes designated and adopted very high fire hazard severity zone
(FHSZ) areas in the LRA. Structures that fall within the City of Saratoga are subject to the City
planning ordinances:
Designated WUI areas require application of Chapter 7A WUI regulations of the City’s adopted
Building Code.
Saratoga WUI Requirements under the Municipal Code, Sections 4902, 4906, 4907 can be viewed
here:
https://www2.municode.com/library/ca/saratoga/codes/code_of_ordinances?nodeId=CH16BUR
E_ART16-20FICO_16-20.150AMCH49FICOREWIBAINFIAR
Tree Information and Permits: http://saratoga.ca.us/cityhall/cd/trees/default.asp
Table 2.1-Table 2.4 describe agency/community specific mitigation projects.
9
Santa Clara County Community Wildfire Protection Plan
Annex 1. Santa Clara County Central Fire Protection District – Chapter 2
SWCA Environmental Consultants 38 June 2016
Table 2.1. Recommendations for Public Outreach and Education in the City of Saratoga
ID
S Project Presented
by Target Date Priority
(1,2,3) Resources Needed Serves to
Strategic Goal:
EO1- Educate citizens on how to achieve contemporary WUI code compliance in retrofits/cost: benefit ratio. Provide workshops and/or demonstration site. and
EO5- Emergency preparedness meetings. Use American Red Cross volunteers and other preparedness experts. Attend community functions and hold special
meetings to provide guidance for creating household emergency plans. Use Ready, Set, Go! program.
S-EO1.1 Wildfire Preparedness and
WUI Code workshops.
FireSafe
Councils,
County Fire,
CAL FIRE.
Within 2 years. 1 Workshop expenses, personnel.
Workshop venues.
Demonstration site.
Strategize on avenues for
engaging the public.
Increase compliance with County code.
Reduce fire risk level for individual parcels and
community as a whole.
Strategic Goal: EO3- Organize a community group made up of residents and agency personnel to develop materials and communicate relevant defensible space
messages. Could coordinate with fire departments or Fire Safe Council.
S-EO3.1 Form community working
group for defensible space
outreach.
FireSafe
Council, fire
departments,
local
residents,
Eagle
Scouts, High
School
Community
Volunteer
Program.
Within 1 year. 1 Funding to help cover costs of
materials (green waste removal
or chipper) and participation.
Hire contractor trained in
defensible space practices.
Engage diverse stakeholders in reaching out to
community members and encourage defensible
space practices.
Empower homeowners to make affordable and
effective changes to reduce the vulnerability of
individual homes.
Strategic Goal: EO4- Media involvement.
Develop a local newspaper column that provides fire safety information, promotional information for volunteer fire departments, fire announcements, and emergency
planning.
S-EO4.1 Develop a local newspaper
column or community
newsletter for the Saratoga
community, that provides fire
safety information, promotional
information for fire
departments, fire
announcements, and
emergency planning.
City of
Saratoga.
Within 1 year. 1 Columns, information, and
articles to be provided by fire
departments, local residents,
Santa Clara County Fire Safe
Council (SCCFSC)..
Protect communities and infrastructure through
increasing public awareness and providing a
channel for information regarding emergency
fire response.
Strategic Goal: EO9- Insurance Service Office informational meetings
S-EO9.1 Outreach to the community to
schedule an Insurance Service
Office informational meeting.
Invite Insurance Services
Office representatives to speak
to groups regarding ways to
improve insurance ratings in
the community.
Insurance
Services
Office in
conjunction
with
SCCFSC.
Within 2 years. 2 Resources provided by
Insurance Services Office.
Communities can learn how to improve their
insurance ratings, which will reduce insurance
costs in their community by implementing
wildfire prevention measures.
10
Santa Clara County Community Wildfire Protection Plan
Annex 1. Santa Clara County Central Fire Protection District – Chapter 2
SWCA Environmental Consultants 39 June 2016
ID
S Project Presented
by Target Date Priority
(1,2,3) Resources Needed Serves to
Strategic Goal: EO10- Increase signage/replace or augment existing signage.
S-EO10.1 Increase signage/replace or
augment existing signage.
Use existing signage to spread
fire prevention message along
highways and in public open
space areas (trailheads, info
kiosks) to reduce human
ignitions.
Promote the use of existing
electronic signs at firehouses
and other locales to display fire
prevention information, safety
messages, and fire danger
rating linked to safety actions.
County Fire,
Saratoga
Fire
Protection
District .
Within 2 years. 2 Mostly existing signs and posting
sites, people to post and update
signs.
Replace, or augment the
existing Smokey Bear signs with
electronic Fire Danger Warning
Signs that are solar powered,
LED displays (visible day and
night), and accessible and
programmable through an
internet website.
Protect communities and infrastructure by
raising awareness of local citizens and those
traveling in the area about actions that can
prevent fire.
11
Santa Clara County Community Wildfire Protection Plan
Annex 1. Santa Clara County Central Fire Protection District – Chapter 2
SWCA Environmental Consultants 40 June 2016
Table 2.2. Recommendations for Reducing Structural Ignitability in the City of Saratoga
ID Project Presented by Programs Available Description Priority
(1,2,3) Timeline
Strategic Goal: SI1: Retrofit/Eliminate flammable roofs
SI1 Identify all wood shake roofed
properties within planning
area and target homeowners
with outreach on retrofitting
roofs.
City and County Planning
in conjunction with County
Fire and municipalities.
FEMA grants. Require elimination of all flammable
roofs through attrition or time deadline.
1 By 2030
Strategic Goal: SI5- Adopt landscape standards for recommended plant landscape materials.
S-SI5.1 Adopt landscape standards
for recommended plant
landscape materials.
FireSafe Councils to lead. Research Firewise plants
suitable for the region.
Develop plant list, poster
materials and research
demonstration site.
Firewise Communities USA:
www.firewise.org
Educate property owners, landscape
firms and landscape architects in
appropriate ornamental plantings,
mulches, and landscape design/
maintenance in WUI areas.
3 Next 2 years
Strategic Goal: SI6- Develop landscape contractor maintenance program for “Right Plant-- Right Place” and maintenance.
S-SI6.1 Develop landscape contractor
non-flammable plant list.
FireSafe Councils to lead
in cooperation with local
Home Owner Association
(HOA).
Firewise Communities USA:
www.firewise.org
Educate property owners, landscape
firms and landscape architects in
appropriate ornamental plantings,
mulches, and landscape design/
maintenance in WUI areas. Work with
HOA.
2 Next 2 years
Strategic Goal: SI8- Interactive tool for citizens to use on line, ID their property and what hazard/risks exist and mitigations they can apply to improve their
survivability.
S-SI8.1 Work with County Fire to
develop parcel level
application of Community
Wildfire Protection Plan risk
assessment using Interra
software.
Santa Clara County Fire
Department with revised
Interra contract.
Interra County Fire to pursue funding to
increase contract provisions with Interra
to provide public facing tool.
Simplify tool and provide easy to follow
instructions.
Could develop You Tube informational
video.
1 Next 3 years
Strategic Goal: SI11- Implement spring community yard clean-up days.
In combination with FireSafe Council chipper program.
S-SI11.1 Implement community work
day to encourage yard clean-
up and defensible space
maintenance.
County Fire, Municipal Fire
Departments, CAL FIRE,
FireSafe Councils.
FireSafe Council chipping
program
Ready, Set, Go
CAL FIRE
A community led day of yard clean-up
with fire mitigation in mind would
encourage large numbers within the
community to carry-out mitigation
measures and implementation of
defensible space.
2 Next 2 years
Strategic Goal: SI12- Assess and improve accessibility to property.
Weekend program to inform homeowners about emergency response access.
SI12 Institute a weekend program
to inform homeowners about
emergency response access.
Fire departments, Fire
Marshal.
Firewise Inform homeowners about the
importance of keeping driveways
accessible to fire trucks and emergency
responders.
1 Within 1 year
12
Santa Clara County Community Wildfire Protection Plan
Annex 1. Santa Clara County Central Fire Protection District – Chapter 2
SWCA Environmental Consultants 41 June 2016
Table 2.3. Recommendations for Improving Firefighting Capabilities in the City of Saratoga
ID Project Description Fire
Department/Agency Benefits of the Project to the community Timeline Priority
(1.2.3)
Resources/funding
sources available
Strategic Goal: FC2- Define Safe Refuge Areas and establish maintenance program in WUI areas where fire behavior and evacuation timing is problematic.
S-FC2.1 Define and delineate
spatially Safe Refuge Areas
and establish maintenance
program in WUI areas
where fire behavior and
evacuation timing is
problematic.
Example:
Mountain Winery
County Fire/CAL
FIRE/FireSafe
Councils.
Provides safety measure for residents of rural
areas in event that evacuation is limited.
Provides for firefighter safety by creating
escape route.
2 years 1 Grants: State Responsibility
Area (SRA), Federal
Emergency Management
Agency (FEMA), California
Fire Safe Council,
Department of Homeland
Security
Strategic Goal: FC5- Develop WUI preplans and accompanying evacuation plans for all WUI areas in Santa Clara County using standardized format.
S-FC5.1 Develop WUI preplans and
accompanying evacuation
plans for Saratoga WUI.
County Fire/CAL
FIRE/FireSafe
Councils.
Helps fire response agencies pre-plan for
evacuations.
Helps identify areas where mitigation
measures are needed to facilitate safe
evacuation.
Helps establish consistent model across all
agencies.
1 year 1 Grants: SRA, FEMA, CA
FSC, DHS
Strategic Goal: FC8: Where road systems are antiquated and do not provide for proper evacuation or two way flow, require removal of obstructions o r upgrade to
minimum 2 lanes road system over time.
S-FC8.1 Address poor road access
issues, develop long-term
plan for road improvements
and prioritized routes for
evacuation.
County Planning. Alleviates evacuation concerns of residents
living in areas with poor ingress/egress.
Provides for improved response capabilities
and reduces risk that responding emergency
vehicles will conflict with evacuation of
residents.
2 years 1 Homeowner Associations,
Road Associations, City staff
Strategic Goal: FC11- Investigate and potentially install Fire Detection Robots to alert departments of a fire start in remote areas.
S-FC11.1 Investigate installation of
Fire Detection Robots on
open space lands adjacent
to Saratoga.
County Fire. Uses technology for single-tree wildfire
detection solution that help forestry agencies
and fire protection professionals manage the
risks of fire damage cost-effectively.
Within 2
years
1 Private companies provide
robotic technology
i.e.:
Insight Robotics
http://www.insightrobotics.co
m/solutions/wildfire-detection
Wildland Detection Systems
http://www.wildlandsystems.
com/
Fire Alert MK1
http://vigilys.com/technology/
firealert/
13
Santa Clara County Community Wildfire Protection Plan
Annex 1. Santa Clara County Central Fire Protection District – Chapter 2
SWCA Environmental Consultants 42 June 2016
ID Project Description Fire
Department/Agency Benefits of the Project to the community Timeline Priority
(1.2.3)
Resources/funding
sources available
Strategic Goal: FC14- Where possible encourage sharing of water sources in areas where residential water supplies may be low or non-existent during periods of
drought or when wells/springs have run dry.
S-FC14.1 Address water shortage
concerns, particularly at
high elevations by following
the model currently under
way by Loma Prieta
Volunteer Fire Company.
Example:
Loma Prieta Volunteer Fire
Company is providing small
grants to home owners to
purchase and install
additional water tanks on
private residential lots
where a reliable supply of
water exists. These tanks
then provide water for
adjacent properties where a
well or spring may be
seasonal or dry.
Fire agencies, local
community
organizations, local
water purveyors.
Encouragement and assistance from FireSafe
Council can provide a catalyst for action.
1-5 years 1 County Fire
Strategic Goal: FC15- Where Open Space and Park Agencies establish trail head parking areas, operating facilities such as horse stables and camping areas that will
increase public access add large capacity water tanks and hydrants for wildfire protection.
S-FC15.1 Installation of water tanks
on Open Space property for
fire suppression purposes.
Midpeninsula Regional
Open Space District
(MROSD); County
Parks.
Alleviates public and agency concern for
limited water supply in remote areas.
Within 5
years
3 This could eventually be
amended into the building
code.
14
Santa Clara County Community Wildfire Protection Plan
Annex 1. Santa Clara County Central Fire Protection District – Chapter 2
SWCA Environmental Consultants 43 June 2016
Table 2.4. Fuel Reduction Treatment Recommendations in the City of Saratoga
ID Project
Description
Location and
Responsible Party Method Serves to:
Timeline
for
Action
Priority
(1,2,3) Monitoring Resources/funding
sources available
Strategic Goal: FR1- Incorporate single track trails into fire defense system where practical
S-FR1.1 Form a
community
working group to
work with open
space land
managers to
collaboratively
develop fuel
treatments plans
on open space
lands. Prioritize
treatments along
existing trails
that could help
to provide a
more substantial
fuel break and
break up the
continuity of
fuels.
Open space lands:
Trails that run adjacent
to community.
Detailed analysis would
be needed in
development of
treatment location to
ensure protection of
natural resources.
Provide access when
fires occur to reduce
spread.
Enhance Community
fire defense by
breaking up fuel
continuity.
Ongoing-
LONG
RANGE
1 Regular
monitoring to
determine
project
success in
reducing fuel
loading and
enhanced
access.
Grants: State
Responsibility Area
(SRA), California Fire
Safe County (CAFSC);
California Forest
Improvement Program
(CFIP); Natural
Resource
Conservation Service
(NRCS), Federal
Emergency
Management Agency
(FEMA), Green House
Gas Reduction Fund
(GHGRF)
Strategic Goal: FR7- Develop roadside fuel treatment program, including suite of methods available and sustainability mechanism
S-FR7.1 Implement
roadside
brushing/mowing
throughout
community to
increase buffer
from wildfire
ignitions and
provide for safe
evacuation.
Community
members to
approach
SCCFSC to
identify roadside
fuel treatment
priorities and
seek funding to
implement.
County and city road
agencies; private road
associations, PG&E,
Cable and Phone
companies.
Led by SCCFSC.
Determine suite of
treatment methods
allowed and restriction
for roadside hazard
reduction including
mowing, mastication,
chemical, plantings,
mulching, etc.
Develop treatment plan
and rotation schedule
for roadside treatments,
focusing of primary
evacuation or
access/egress
corridors.
Reduce fuel loading
around roads and
highways to ensure
safe passage of
vehicles in event of
evacuation and
reduce unplanned
ignitions from vehicles
and highway users.
Within 2
years
1 Regular
maintenance
schedule
should be
implemented to
ensure
clearance
levels are
maintained.
Develop
standards for
road crews.
Grants: SRA, CA FSC;
CFIP; NRCS, FEMA,
GHGRF
15
Santa Clara County Community Wildfire Protection Plan
Annex 1. Santa Clara County Central Fire Protection District – Chapter 2
SWCA Environmental Consultants 44 June 2016
ID Project
Description
Location and
Responsible Party Method Serves to:
Timeline
for
Action
Priority
(1,2,3) Monitoring Resources/funding
sources available
Strategic Goal: FR9- Establish assistance program for hazardous fuel reduction for physically or fiscally challenged parcels
S-FR9.1 Establish
assistance
program for
hazardous fuel
reduction and
defensible space
for elderly or
physically
challenged
individuals within
Saratoga.
Saratoga neighborhood
groups, Home Owner
Association (HOA).
Identify barriers to
achieving parcel level
defensible space and
establish assistance
program of resources:
education, consulting,
guidance, people,
funding.
Ensure that individual
properties with poor
property hygiene do
not put adjoining
properties at risk in
event of wildfire.
For residents who are
not capable of
implementing good
property hygiene.
Within 2
years
2 Establish
levels of
participation by
assistance
type.
Grants: SRA, CA FSC;
CFIP; NRCS, FEMA,
GHGRF
Strategic Goal: FR 11- Create Sustainable programs for creating Defensible Space at the parcel Level.
S-R11.1 Create
Sustainable
programs for
creating
Defensible
Space at the
parcel Level
within Saratoga
Home Owner, FireSafe
Councils, Home Owner
Associations, SCCFD,
Administrators for SRA
fee distributions.
Example projects:
Curbside green waste
pickup programs,
community chipping
piles, drive-up chipping,
on site chipping.
Ensure that
defensible space
actions are sustained
in all communities.
Within 1
year
1 Regular
maintenance
schedule
should be
implemented to
ensure
clearance
levels are
maintained.
Grants: SRA, CA FSC;
CFIP; NRCS, FEMA,
GHGRF
16
SARATOGA CITY COUNCIL
MEETING DATE:June 15, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, Deputy City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on June 1, 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 the Regular City Council Meeting on June 1, 2016
17
MINUTES
WEDNESDAY, JUNE 1, 2016
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:30 p.m., the Saratoga City Council called to order the Joint Meeting with Saratoga
Neighborhoods in the Event Center at West Valley College at 14000 Fruitvale Avenue, Saratoga,
CA.
At 7:05 p.m., Mayor Cappello called the regular session to order in the Event Center at West
Valley College at 14000 Fruitvale Avenue, Saratoga, CA to order 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
Debbie Bretschneider, Acting City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance & Administrative Services Director
Erwin Ordoñez, Community Development Director
Michael Taylor, Recreation & Facilities Director
Brian Babcock, Administrative Analyst
Rob Balbuena, IT Technician
REPORT OF CITY CLERK ON POSTING OF AGENDA
Acting City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly
posted on May 27, 2016.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
ANNOUNCEMENTS
Council Member Kumar announced that the Saratoga Robotics Club will be meeting on Sunday,
June 5, 2016 at 2 p.m. to create 10 Lego Robotic teams. The RSVP link is
www.tinyurl.com/Interested2Attend and home page http://saratogalegorobotics.weebly.com/
He also announced the Silicon Valley Annual Tech Day for youth at the Seven Trees
Community Center, 3590 Cas Drive, San Jose, on June 11 from 1-5 p.m. San Jose Mayor Sam
Liccardo will be giving the keynote. A total of 12 teams will be giving a “pitch” on their ideas to
venture capital groups.
18
Council Member Miller announced that the VTA State Route 85 Corridor Policy Advisory Board
have finished their study of the VTA Transportation ballot measure. The wording of the measure
would give Saratoga $500,000 for roads, a Transit corridor in State Route 85, and money
provided for noise abatement on State Route 85. The VTA Board of Directors are considering
this proposal at their June 2 meeting. Council Member Miller encouraged those interested in the
topic to come and speak. Also, on a personal note, Council Member Miller announced that he is
retiring from Apple Computer next week.
Council Member Bernald wanted to thank the Santa Clara County Fire Department for their great
job for putting out a garage fire in her neighborhood in the early morning hours and for then
cleaning up the area. She also shared that the Saratoga Historical Foundation will be celebrating
Olivia de Havilland’s 100th birthday and they have a card that the public can sign. The Museum
is open 1-4 p.m. Friday-Sunday. The Sister City organization is looking for Board members and
would love new members. The website is: www.saratogasistercity.org. Also members are going
to the San Francisco Asian Museum on a private tour.
Vice Mayor Lo shared that the Saratoga Farmer’s Market is every Wednesday from 2-7 p.m. and
is located close to Starbucks at Blaney Plaza.
Mayor Cappello announced that recruitments for Library Commission and Parks & Recreation
Commission are open and applications are due August 30, 2016 at 5 p.m. The applications are
available on-line at www.saratoga.ca.us and at City Hall. Also, the 4th of July celebration at
Kevin Moran Park is from 9:30-11 am. This celebration is organized by a resident group and is
free to everyone.
CEREMONIAL ITEMS
Proclamation Declaring June 2016 as Alzheimer’s & Brain Awareness Month
Recommended Action:
Present the proclamation declaring June 2016 as Alzheimer’s & Brain Awareness Month to
the Ambassador for the Northern California Chapter of the Alzheimer’s Association.
The Mayor and City Council presented the commendation to the Dave Morley, Ambassador
for the Northern California Chapter of the Alzheimer’s Association.
SPECIAL PRESENTATIONS
Special Presentation from West Valley College President Brad Davis
Recommended Action:
Receive presentation from West Valley College President Brad Davis.
West Valley College President Brad Davis thanked the City Council for having their
meeting at West Valley College and for further collaborative projects that the City and
College are working on together, such as closer ties between the libraries.
19
1. CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on May 18,
2016.
MILLER/BERNALD MOVED TO ACCEPT THE CITY COUNCIL MINUTES
FOR THE REGULAR CITY COUNCIL MEETING ON MAY 18, 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:
5/17/2016: Period 11, 5/24/2016: Period 11
MILLER/BERNALD MOVED TO ACCEPT THE CHECK REGISTERS FOR
THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 5/17/2016:
PERIOD 11, 5/24/2016: PERIOD 11. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.3. Resolution Amending the City Council Assignments for 2016
Recommended Action:
Approve the resolution amending the City Council assignments.
RESOLUTION NO. 16-034
MILLER/BERNALD MOVED TO APPROVE THE RESOLUTION AMENDING
THE CITY COUNCIL ASSIGNMENTS FOR 2016. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.4. Fiscal Year 2016/17 Gann Appropriation Limit
Recommended Action:
Review report and adopt resolution approving the Gann Appropriation Limit for FY
2016/17
RESOLUTION NO. 16-035
MILLER/BERNALD MOVED TO APPROVE THE RESOLUTION
APPROVING THE GANN APPROPRIATION LIMIT FOR FY 2016/17.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
20
1.5. Annual Approval of the City's Investment Policy - for Fiscal Year 2016/17
Recommended Action:
Review and approve the Investment Policy for Fiscal Year 2016/17
MILLER/BERNALD MOVED TO APPROVE THE CITY’S INVESTMENT
POLICY FOR FISCAL YEAR 2016/17. MOTION PASSED. AYES: CAPPELLO,
LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.6. KSAR Agreement Extension
Recommended Action:
Authorize the City Manager to sign the Third Amendment to the Community Access
Cable Television Services Agreement with KSAR extending the term to September
30, 2016.
MILLER/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO
SIGN THE THIRD AMENDMENT TO THE COMMUNITY ACCESS CABLE
TELEVISION SERVICES AGREEMENT WITH KSAR EXTENDING THE
TERM TO SEPTEMBER 30, 2016. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
2. PUBLIC HEARING
2.1. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of
Engineer’s Report, and Confirmation of Assessments for FY 16-17
Recommended Action:
Move to adopt the Resolution Ordering the Improvements and Confirming the
Diagram and Assessments for FY 16-17.
Public Works Director John Cherbone presented the staff report.
Mayor Cappello opened the public hearing and invited public comment on the item.
Priscilla Ho asked about cameras to take pictures of license plates on main streets in
Saratoga.
Paul spoke against cameras on streets.
No one else requested to speak.
RESOLUTION NO. 16-036
LO/BERNALD MOVED TO ADOPT THE RESOLUTION ORDERING THE
IMPROVEMENTS AND APPROVAL OF ENGINEER’S REPORT AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 16-17.
21
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Budget Adjustment Resolution – Santa Clara County Public Health Department Grant
for Smoke-Free Environments
Recommended Action:
Approve budget adjustment resolution for Fiscal Year 2015/16.
Finance & Administrative Services Director Mary Fury presented the staff report.
Mayor Cappello invited public comment on the item.
Priscilla Ho spoke and thanked Council Member Bernald for supporting a smoke-free
environment.
No one else requested to speak.
RESOLUTION NO. 16-037
BERNALD/MILLER MOVED TO APPROVE THE BUDGET ADJUSTMENT
RESOLUTION FOR FISCAL YEAR 2015/16 ON THE SANTA CLARA
COUNTY PUBLIC HEALTH DEPARTMENT GRANT FOR SMOKE-FREE
ENVIRONMENTS. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
4.2. Fiscal Year 2016/17 Operating & Capital Budget Adoption
Recommended Action:
Adopt resolution approving the Proposed FY 2016/17 Operating and Capital Budgets,
directing staff to incorporate within the final adopted budget any modifications related
to late-breaking changes, minor corrections, carry forward appropriations, refined
estimates, grant approvals, claim reimbursements, pass-through appropriations, or
additional direction from Council upon adoption of the budget.
Finance & Administrative Services Director Mary Fury presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 16-038
22
MILLER/BERNALD MOVED TO APPROVE THE PROPOSED FY 2016/17
OPERATING AND CAPITAL BUDGETS, DIRECTING STAFF TO
INCORPORATE WITHIN THE FINAL ADOPTED BUDGET ANY
MODIFICATIONS RELATED TO LATE-BREAKING CHANGES, MINOR
CORRECTIONS, CARRY FORWARD APPROPRIATIONS, REFINED
ESTIMATES, GRANT APPROVALS, CLAIM REIMBURSEMENTS, PASS-
THROUGH APPROPRIATIONS, OR ADDITIONAL DIRECTION FROM
COUNCIL UPON ADOPTION OF THE BUDGET. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County –took action on the minimum wage study.
Saratoga Area Senior Coordinating Council (SASCC) –SASCC received the Age Friendly
designation from AARP. A City-wide survey assessment is in the planning stages. Also there are
40 new SASCC members as a result of the new ping pong program. The Adult Care Center
participation is up approximately 10%.
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee – The Hakone Centennial multi-year
celebration continues with the Centennial Gala on the evening of September 18, 2016.
Information is online at http://www.hakone.com/gala.html.
Santa Clara County Library Joint Powers Authority – have been serving on the formula funding
committee. About 9 million of budget is subject to this formula funding.
Council Member Mary-Lynne Bernald
Association of Bay Area Governments – meeting of delegates last week. We voted to go forward
on merger with MTC.
FAA Select Committee on South Bay Arrivals – attended 2 meetings, one in San Francisco and
another in Santa Cruz. The Committee listened to public testimony on airplane noise.
Upcoming meeting on June 15 at 6 p.m., check http://quietskiesnorcal.org/ for updates.
Council Member Howard Miller
VTA State Route 85 Corridor Policy Advisory Board- recommendation from committee on the
VTA Transportation ballot measure will go to the VTA Board of Directors on June 2. The
wording of the measure would give Saratoga $500,000 for roads and provide money for noise
abatement on State Route 85.
Council Member Rishi Kumar
Santa Clara Valley Water District Commission –there is a public meeting at the district office on
June 14, at 5700 Almaden Expressway, San Jose. An important decision is to be made with the
District evaluating the data on the drought restrictions. District will decide on whether to keep
the drought restrictions. Also attended the Spring Water Symposium: Resilience and Reuse.
23
Saratoga Ministerial Association – lots of questions about Village Plan and suggested they check
out the City’s website page for more information. Also, questions about neighborhood safety.
Next meeting is in September.
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
The City Manager thanked the West Valley College staff, City staff, and KSAR for putting
together this Council meeting.
ADJOURNMENT
MILLER/LO MOVED TO ADJOURN THE MEETING AT 8:27 P.M. MOTION PASSED.
AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, Acting City Clerk
City of Saratoga
24
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:
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 #
5/31/16 130833 130857 25 65,906.64 05/31/16 05/24/16 130832
6/7/16 130858 130910 53 165,180.88 06/07/16 05/31/16 130857
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
05/31/16 130856 PW 26,566.25
06/07/16 130870 PW 66,400.00
Accounts Payable checks voided during this time period:
AP Date Check #Amount
04/19/16 130570 Re-issue check 1,900.00
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Accounts Payable
Date
Vista Landscape
Duran & Venables, Inc.
LandscapeVarious
Streets/Parks CIP Paths/Streets
Prior Check Register
Checks
Released
Total
Checks Amount
Reason Status
Starting Check #
Ending
Check #Type of Checks
Accounts Payable
Issued to
Robert Lim Payee Change per CDD
SARATOGA CITY COUNCIL
MEETING DATE:June 15, 2016
DEPARTMENT:Finance & Administrative Services
PREPARED BY:
Fund Purpose
6/07/2016: Period 12
5/31/2016: Period 11
25
26
27
28
29
30
31
32
33
34
SARATOGA CITY COUNCIL
MEETING DATE:June 15, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Resolution Calling for General Municipal Election – November 8, 2016
RECOMMENDED ACTION:
Approve the attached resolution calling for a consolidated, General Municipal Election on
November 8, 2016.
BACKGROUND:
In December 2016, the terms of Mayor Manny Cappello and Council Member Howard Miller
will come to a close. If approved, the attached resolution will call for a General Municipal
Election on November 8, 2016 to elect two members to the Saratoga City Council, each for a full
term of four years.
Additionally, the resolution calls for consolidation of the Saratoga General Municipal Election
with the statewide election under the administration of the Santa Clara County Registrar of
Voters, as permitted by California Elections Code. The City of Saratoga, along with all the cities
in the County, has traditionally requested consolidation of its General Municipal Elections and
administration of the elections by the County Registrar of Voters.
The County Registrar of Voters’ administration of the election includes appointment of election
officers, designation of voting precincts, printing and mailing of ballots, operation of polls,
counting of ballots, canvassing of the vote, and other proceedings required in connection with the
election. The cost of County administration of the election is estimated at just under $53,000,
which has been accounted for in the Fiscal Year 2016/17 budget adopted on June 1, 2016.
The attached resolution also establishes the maximum length of the Candidate’s Statement of
Qualifications at 400 words and requires that candidates pay for their pro rata share of the cost to
print, produce, and mail the statement. The Candidate’s Statement of Qualifications is optional
and appears in the Sample Ballot and Voter Information Pamphlet. The estimated pro rata share
of the Statement of Qualification is $2,738. Candidates will be billed if the actual cost is higher
or reimbursed if the cost is lower than the estimated amount.
35
As permitted by Elections Code Section 10228, the City also charges candidates a filing fee of
$25. This fee is intended to recover costs associated with processing a candidate’s nomination
papers or supplemental nomination papers, if required. The nomination period for the 2016
General Municipal Election runs from July 18, 2016 through August 12, 2016. If an incumbent
fails to file nomination papers before 5:00 p.m. on August 12, 2016, the period to nominate
candidates other than incumbents is extended to 5:00 p.m. on August 17, 2016.
Information for prospective candidates is available on the City website at
www.saratoga.ca.us/election.
FISCAL STATEMENT:
The cost to consolidate the General Municipal Election is estimated at $52,787. Funding has
been included in the Fiscal Year 2016/17 budget to account for this cost.
ATTACHMENTS:
Attachment A – Resolution Calling for the General Municipal Election
Attachment B – 2016 Election Calendar
2
36
RESOLUTION NO. 16____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN
THE CITY OF SARATOGA ON NOVEMBER 8, 2016; FOR THE ELECTION OF
CERTAIN OFFICERS; REQUESTING THE SERVICES OF THE REGISTRAR OF
VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING
CERTAIN PROCEDURES FOR THE CONSOLIDATION OF ELECTIONS AND
DETERMINING TO LEVY THE COST OF CANDIDATES’ STATEMENTS;
REQUIRING PAYMENT OF CANDIDATES’ FILING FEES; AND PROVIDING FOR
GIVING NOTICE OF ELECTION
WHEREAS, California Elections Code Section 1301 provides that the general election
for the City of Saratoga can be held on the day of the statewide general election; and
WHEREAS, pursuant to Division 10, Part 3 of the California Elections Code, a general
election may be consolidated with a statewide election; and
WHEREAS, a statewide election will be held on November 8, 2016;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga:
1.A general municipal election is hereby called to be held in and for the City of Saratoga on
Tuesday, November 8, 2016 to elect two (2) Council Members, each for a full term of
four (4) years;
2.Pursuant to Elections Code commencing with Section 10400, the City Council hereby
requests the Board of Supervisors of the County of Santa Clara to order the consolidation
of the general municipal election to be conducted within the boundaries of the City of
Saratoga on November 8, 2016, with respect to which the Board of Supervisors of the
County of Santa Clara has the power to order a consolidation. The City Council further
consents to and orders the consolidation of the general municipal election hereby called
with the statewide general election and acknowledges that the consolidated election will
be held and conducted in the manner prescribed in Election Code section 10418. Upon
consolidation, the consolidated election shall be held and conducted, election officers
appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and
closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other
proceedings in connection with the election shall be regulated and done by the Registrar
of Voters of the County of Santa Clara in accordance with the provisions of law
regulating consolidated elections;
3.The City Clerk is hereby authorized and directed to certify adoption of this resolution and
transmit a copy to the Santa Clara County Board of Supervisors and Santa Clara County
Registrar of Voters;
4.The City Clerk is authorized and directed to publish a notice of general municipal
37
election within the time and in the manner specified in Elections Code Division 12,
Chapter 2. The City Clerk is further authorized and directed to do all other things
required by law to hold the general election above provided;
5.Pursuant to Section 13307 of the Elections Code, the City Council does hereby require
candidates that wish to file a candidate’s statement, not to exceed four hundred (400)
words and to be included in the Voter’s Pamphlet, pay in advance his or her pro rata share
of the cost of printing, handling, translating, and mailing the candidate’s statement. The
estimated cost per candidate of a four hundred (400) word statement is $2,738, in
addition to the $25.00 filing fee. The City Clerk shall require payment of the estimated
pro rata share of the candidate’s statement at the time the candidate’s statement is filed.
Candidates will be billed if actual cost associated with the candidate’s statement is higher
or refunded if the cost is lower than the estimated amount.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 15th day of June 2016 by the following vote:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
38
CITY OF SARATOGA ELECTION CALENDAR
November 8, 2016
DATE ACTIVITY
June 15, 2016
E-148
RESOLUTION CALLING FOR A GENERAL MUNICIPAL ELECTION
Council to adopt resolution calling the election and providing for consolidation
with Santa Clara County. Deadline to submit resolution to County is July 6,
2016 (E-125).
July 18, 2016
E-113
NOMINATION PERIOD OPENS
First day candidates may pick up nomination documents at the City Clerk’s
Office. Appointments to pick up nomination documents are strongly
recommended. Appointments can be made by contacting the City Clerk at
(408) 868-1269 or cbothelio@saratoga.ca.us.
August 1, 2016
E-99
FPPC SEMI-ANNUAL ELECTION STATEMENT DUE (FORM 460)
Deadline to submit financial disclosure Form 460 covering the period January
1, 2016 through June 30, 3016 to the City Clerk. Deadline falls on a Sunday and
consequently moved to the following Monday.
August 10 – November 8, 2016
E-90 to E
CONTRIBUTION EXPENDITURES REPORTING
Contributions and independent expenditures of more than $1000 from a single
source must be reported to the City Clerk within 24 hours on the Form 497.
The Form 497 may only be filed by fax, personal delivery, guaranteed overnight
mail, or email.
August 12, 2016
E-88
NOMINATION PERIOD CLOSES – 5:00 P.M.
Deadline to file all required nomination documents with the City Clerk.
Appointments to file nomination documents are encouraged. Candidates are
also encouraged to file 3 business days before the close of the Nomination
Period to provide sufficient time to collect additional signatures, if needed. To
make an appointment, contact the City Clerk at (408) 868-1269 or
cbothelio@saratoga.ca.us.
DEADLINE FOR WITHDRAWAL OF CANDIDATE
No candidates may withdraw after 5:00 p.m. on this date for offices which do
not have an extension period.
DEADLINE FOR MEASURE RESOLUTIONS & TAX RATE STATEMENTS
Last day for jurisdictions to file a resolution calling for a measure election, and
if applicable, tax rate statements.
August 13-17, 2016
E-87 to E-83
NOMINATION EXTENSION PERIOD
If an incumbent fails to file a Declaration of Candidacy by August 12, 2016 for
his or her office, there will be a 5-day calendar extension. During the
extension, any candidate, EXCEPT THE INCUMBENT, may file or withdraw from
said office.
August 16, 2016
E-84
DUE DATE FOR ARGUMENTS
Deadline for submitting arguments in favor of and against a measure.
August 18, 2016
E-82
RANDOMIZED ALPHABET DRAWING
The Secretary of State and local elections official will conduct a drawing of
letters of the alphabet to determine the order in which candidates appear on
the ballot. 39
August 23, 2016
E-77
DUE DATE FOR REBUTTALS AND IMPARTIAL ANALYSES
Deadline for submitting rebuttals to arguments in favor or and against and the
impartial analysis.
September 12 – October 25, 2016
E-57 to E-14
WRITE-IN CANDIDACY PERIOD OPENS & CLOSES
The time frame for write-in candidates to obtain and file nomination
documents.
September 29, 2016
E-40
FPPC 1ST PRE-ELECTION STATEMENT DUE (FORM 460)
Deadline to submit financial disclosure report Form 460 covering period July 1,
2016 to September 24, 2016 to the City Clerk.
October 11, 2016
E-29
FIRST DAY FOR MAILING OF VOTE BY MAIL BALLOTS
First day the Santa Clara County Registrar of Voters will send Vote by Mail
ballots (due to holiday, mailing moved to next regular business day).
CITY COUNCIL CANDIDATE FORUM
Forum hosted and moderated by the League of Women Voters in the Saratoga
Civic Theater.
October 24, 2016
E-16
LAST DAY TO REGISTER TO VOTE FOR NOVEMBER ELECTION
Deadline to register to vote in the November 2016 election.
October 27, 2016
E-12
FPPC 2ND PRE-ELECTION STATEMENT DUE (FORM 460)
Deadline to submit financial disclosure Form 460 covering the period
September 25, 2016 to October 22, 2016 to the City Clerk.
November 1, 2016
E-7
DEADLINE TO REQUEST VOTE BY MAIL BALLOT
Last day to submit a request for a Vote by Mail ballot to be mailed to voter.
November 7, 2016
E-1
FINAL WORD CANDIDATE FORUM (Tentative)
Held the evening before the Election, the Final Word Candidate Forum
provides candidates with the chance to make clarifications and interact with
voters one last time before polls open.
November 8, 2016 ELECTION DAY
Polls are open from 7:00 a.m. to 8:00 p.m.
December 8, 2016
E+30
OFFICIAL CANVASS OF VOTE
Registrar of Voters to certify election results by December 8, 2016.
December 20, 2016
E+42
CITY COUNCIL REORGANIZATION
Council adopts resolution declaring the results of the General Municipal
Election of Members to the City Council, oath of office is administered to the
newly elected members of the Council, and Council selects new Mayor and
Vice Mayor.
January 19, 2017 FPPC STATEMENT OF ECONOMIC INTERESTS DUE (FORM 700)
Assuming office Statement of Economic Interests (Form 700) due.
January 31, 2017 FPPC SEMI-ANNUAL ELECTION STATEMENT DUE (FORM 460)
Deadline to submit financial disclosure Form 460 covering the period July 1,
2016 to December 31, 2016 to the City Clerk.
40
SARATOGA CITY COUNCIL
MEETING DATE:June 15, 2016
DEPARTMENT:Public Works
PREPARED BY:Iveta Harvancik, Senior Engineer
SUBJECT:Final map approval for seven lots located at the terminus of Paramount Drive
and Paramount Court
Owner: Paramount Venture, LLC
RECOMMENDED ACTION:
1.Move to adopt Resolution granting final map approval of tentative map application No.
SUB 130003 for seven lots located at the terminus of Paramount Drive and Paramount
Court.
2.Move to authorize the City Manager to execute the Subdivision Improvement Agreement.
3.Move to authorize the City Manager to execute Stormwater Treatment Measures
Construction, Inspection and Maintenance Agreement
REPORT SUMMARY:
Attached is a Resolution, which, if adopted, will grant final map approval for seven residential
lots located at the terminus of Paramount Drive and Paramount Court (APN 50382006). Both
Paramount Court and Paramount Drive will be extended to access the new lots.
Pedestrian/bicycle pathway will connect both culdesacs. The City Engineer has examined the
final map and related documents submitted to the City in accordance with the provisions of
Section 14.40.020 of the Municipal Code and it was determined that:
1.The final map substantially complies with the approved tentative map.
2.All conditions of the approved tentative map, as contained in Planning Commission
Resolutions No. 14017, have been completed or will be completed concurrent with
development of the seven lots.41
3.The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable
provisions of law have been complied with.
4.The final map is technically correct.
Consequently, the City Engineer’s certificate has been executed on the final map and the final
map has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for
action by the City Council.
A Subdivision Improvement Agreement for the development of roadways, utilities and associated
construction to serve seven residential parcels is included. In addition, attached is a Stormwater
Treatment Measures Construction, Inspection and Maintenance Agreement to assure compliance
with National Pollutant Discharge Elimination System (NPDES) permit. To assure future
maintenance of the stormwater treatment measures, the owners agreed to include the property in
existing City Landscape and Lighting Assessment District as a new zone.
FISCAL IMPACTS:
The subdivider has paid $119,400 in Engineering Fees and $124,200 in Park Development Fees.
ATTACHMENTS:
Attachment A: Site Map
Attachment B: Tract Map
Attachment C: Resolution granting Final Map approval.
Attachment D: Planning Commission Resolution No. 15004 approving the tentative map
with conditions.
Attachment E: Subdivision Improvement Agreement
Attachment F:Stormwater Treatment Measures Construction, Inspection and
Maintenance Agreement
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B
R A
N D
Y
W
I
N
E
A P O L L OCT.W A YDR.
P A R A M O U N T
TRICIA
CUNNINGHAM
S T E W A R T
C T .
PARAMOUNT
D R .
C T .
R I C E
G L A S G O W
RD.LEONARD
R O D E O C R E E K H O L L O W
S A R A T O G A -S U N N Y V A L E R O A D
SITE
SITE MAP
Location and APN:
Application:
Applicant/Owner:
Meeting Date:
Paramount Drive/Paramount Court, APN 503-82-006
SUB 13-0003
Paramount Venture, LLC
June 15, 2016
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF APPLICATION NO. SUB13-0003 FOR
THE PROPERTY LOCATED AT THE TERMINUS OF
PARAMOUNT DRIVE AND PARAMOUNT COURT
The City Council of the City of Saratoga hereby resolves as follows:
SECTION 1: Seven lots as shown on that certain Tract Map, Tract No. 10325 prepared by
Bowman and Williams, dated June 2015, and filed with the City Clerk of the
City of Saratoga on June 15, 2016, are approved as SEVEN (7) individual lots.
SECTION 2: All streets and easements shown on said map and offered for dedication to
public use are hereby rejected on behalf of the public, save and except for
public service easements; and to the limited extent that any offers for public
street purposes either expressly or implicitly include offers for easements for
utility purposes along or beneath said street rights of way, then as to such
express or implied offers of easements for public utility purposes, the same are
hereby accepted on behalf of the public.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 15th day of June, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Manny Cappello, Mayor
ATTEST:
____________________________
Crystal Bothelio, City Clerk
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Resolution No. 14-017 Page 3
EXHIBIT 1
Acknowledged.
Acknowledged.
Acknowledged.
Acknowledged.
Agreement signed.
General
1. All conditions below which are identified as permanent or for which
an alternative period of time for applicability is specified shall run
with the land and apply to the landowner’s successors in interest for
such time period. No zoning clearance, or demolition, grading for
this project shall be issued until proof is filed with the city that a
certificate of approval documenting all applicable permanent or other
term-specified conditions has been recorded by the applicant with the
Santa Clara County Recorder’s office in form and content to the
Community Development Director.
2. If a condition is not “Permanent” or does not have a term specified, it
shall remain in effect until the issuance by the City of Saratoga of a
Certificate of Occupancy or its equivalent.
3. The Owner and Applicant will be mailed a statement, after the time
the Resolution granting this approval is duly executed, containing a
statement of all amounts due to the City in connection with this
application, including all consultant fees (collectively “processing
fees”). This approval or permit shall expire sixty (60) days after the
date said notice is mailed if all processing fees contained in the notice
have not been paid in full. No Zoning Clearance or Demolition,
Grading, or Building Permit may be issued until the processing fees
have been paid in full (and, for deposit accounts, a surplus balance of
$500 is maintained).
4. The Project shall maintain compliance with all applicable regulations
of the State, County, City and/or other governmental agencies having
jurisdiction including, without limitation, the requirements of the
Saratoga Zoning Regulations incorporated herein by this reference.
5. As a condition of this Approval, Owner and Applicant hereby agree
to defend, indemnify and hold the City and its officers, officials,
boards, commissions, employees, agents and volunteers harmless
from and against:
a. any and all claims, actions or proceedings to attack, set aside,
void or annul any action on the subject application, or any of the
proceedings, acts or determinations taken, done or made prior to
said action; and
b. any and all claims, demands, actions, expenses or liabilities
arising from or in any manner relating to the performance of such
construction, installation, alteration or grading work by the Owner
and/or Applicant, their successors, or by any person acting on
their behalf. 50
Resolution No. 14-017 Page 4
Final Map
submitted.
Stormwater
treatment design
approved.
Acknowledged.
Acknowledged.
In addition, prior to any Zoning Clearance from the Community
Development Director, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to
Indemnify, Hold Harmless and Defend, which shall be subject to
prior approval as to form and content by the City Attorney.
6. Tentative Subdivision Map. The development shall be located and
constructed to include those features, and only those features, as
shown on the Tentative Subdivision Map denominated Exhibit "A".
A final map shall be prepared substantially in accord with the
tentative map as approved. Any substantial change to the tentative
may require additional review by the Planning Commission. All
proposed changes to the Tentative Subdivision Map must be
submitted in writing with plans showing the changes, including a
clouded set of plans highlighting the changes.
7. Stormwater. The project shall retain and/or detain any increase in
design flow from the site, that is created by future construction and
grading, such that adjacent down slope properties will not be negatively
impacted by any increase in flow. The project will be reviewed in
accordance with the most recent and up to date NPDES Standards
which are jointly administered by CDD and DPW. Disposition and
treatment of stormwater shall comply with the applicable requirements
of the National Pollution Discharge Elimination System ("NPDES")
Permit issued to the City of Saratoga and the implementation standards
established by the Santa Clara Valley Urban Runoff Pollution
Prevention Program (collectively the “NPDES Permit Standards”).
Prior to issuance of Zoning Clearance for a Demolition, Grading or
Building Permit for this Project, a Stormwater Management Plan shall
be submitted to the Community Development Director for review and
approval demonstrating how all storm water will be retained on-site and
in compliance with the NPDES Permit Standards. If not all stormwater
can be retained on-site due to topographic, soils or other constraints,
and if complete retention is not otherwise required by the NPDES
Permit Standards, the Project shall be designed to retain on-site the
maximum reasonably feasible amount of stormwater and to direct all
excess stormwater away from adjoining property and toward
stormwater drains, drainageways, streets or road right-of- ways and
otherwise comply with the NPDES Permit Standards and applicable
City Codes.
8. Compliance with Tree Regulations and City Arborist Report. All
requirements in the City Arborist Report dated June 3, 2014 and as
specified by the City Arborist, are hereby adopted as conditions of
approval and shall be implemented as part of the Approved Plans.
9. Compliance with Fire Department. All requirements of the Santa 51
Resolution No. 14-017 Page 5
Property
surveyed, Final
Map submitted.
All submitted.
Fees paid.
Monument
security furnished.
All complete.
Clara County Fire Department are hereby adopted as conditions of
approval and shall be implemented as part of the Approved Plans.
Future development shall be reviewed for compliance with Fire
Department requirements.
Public Works
10. Prior to submittal of the Final Map to the City Engineer for
examination, the owner (applicant) shall cause the property to be
surveyed by a Licensed Land Surveyor or an authorized Civil Engineer.
The submitted map shall show the existence of a monument at all
external property corner locations either found or set. The submitted
map shall also show monuments set at each new corner location, angle
point, or as directed by the City Engineer, all in conformity with the
Subdivision Map Act and the Professional Land Surveyors Act.
11. The owner (applicant) shall submit four (4) copies of a Final Map in
substantial conformance with the approved Tentative Map, along with
the additional documents required by Section 14-40.020 of the
Municipal Code, to the City Engineer for examination. The Final Map
shall contain all of the information required in Section 14-40.030 of the
Municipal Code and shall be accompanied by the following items:
a. Two copies of map checking calculations.
b. Preliminary Title Report for the property dated within
ninety (90) days of the date of submittal for the Final Map.
c. Two copies of each map referenced on the Final Map.
d. Two copies of each document/deed referenced on the Final Map.
e. Two copies of any other map, document, deed, easement or other
resource that will facilitate the examination process as requested by
the City Engineer.
13. The owner (applicant) shall pay a Map Checking fee, as determined by
the City Engineer, at the time of submittal of the Final Map for
examination.
14. Interior monuments shall be set at each lot corner either prior to
recordation of the Final Map or some later date to be specified on the
Final Map. If the owner (applicant) chooses to defer the setting of
interior monuments to a specified later date, then sufficient security as
determined by the City Engineer shall be furnished prior to Final Map
approval, to guarantee the setting of interior monuments.
15. The owner (applicant) shall provide Irrevocable Offers of Dedication
for all required easements and/or rights-of-way on the Final Map, in
substantial conformance with the approved Tentative Map, prior to
Final Map approval. Additional easements for storm water drainage and 52
Resolution No. 14-017 Page 6
Fees paid.
Agreement signed.
Security
furnished.
Proof of insurance
submitted.
Will-serve letters
submitted.
Completed.
treatment facilities shall be dedicated on the Final Map as needed.
The owner (applicant) shall submit engineered improvement plans to
the City Engineer in conformance with the approved Tentative Map and
in accordance with the design and improvement requirements of
Chapter 14 of the Municipal Code. The improvement plans shall be
reviewed and approved by the City Engineer and the appropriate
officials from other public agencies having jurisdictional authority,
including public and private utility providers, prior to approval of the
Final Map. Improvement requirements shall include, but not necessarily
be limited to:
a. Improve Paramount Drive and Paramount Court to City standards.
b. Install pedestrian/bicycle pathway connecting both streets.
c. Improve drainage for proposed streets and all proposed parcels to
prevent negative impact on adjacent properties.
d. Design and install storm water treatment facilities required by the
City’s NPDES Municipal Regional Stormwater Permit, Order R2-
2009-0074.
17. The owner (applicant) shall pay a Subdivision Improvement Plan
Checking fee, as determined by the Public Works Director, at the time
Improvement Plans are submitted for review.
18. The owner (applicant) shall enter into a Subdivision Improvement
Agreement with the City in accordance with Section 14-60.010 of the
Municipal Code prior to Final Map approval.
19. The owner (applicant) shall furnish Improvement Securities in
accordance with Section 14-60.020 of the Municipal Code in the
manner and amounts determined by the Public Works Director prior to
Final Map approval.
20. The owner (applicant) shall furnish a written indemnity agreement and
proof of insurance coverage, in accordance with Section 14-05.050 of
the Municipal Code, prior to Final Map approval.
21. Prior to Final Map approval, the owner (applicant) shall furnish the City
Engineer with satisfactory written commitments from all public and
private utility providers serving the subdivision guaranteeing the
completion of all required utility improvements to serve the
subdivision.
22. The owner (applicant) shall secure all necessary permits from the City
and any other public agencies, including public and private utility
providers, prior to commencement of subdivision improvement
construction. Copies of permits other than those issued by the City
shall be provided to City Engineer. 53
Resolution No. 14-017 Page 7
Fees paid.
Agreement signed.
Zone formation in
progress.
Acknowledged.
Acknowledged.
Agreement signed.
Acknowledged.
Acknowledged.
23. The owner (applicant) shall pay the applicable Park Development fee
prior to Final Map approval.
24. The owner (applicant) shall enter into an Agreement for Stormwater
Treatment Measures Construction, Inspection and Maintenance.
25. The owner/applicant shall enter into an agreement with the City,
waiving the owner/applicant’s right, and the right of owner/applicant’s
successor(s) in interest, to protest the annexation of the property or any
portion thereof into the Saratoga Landscape and Lighting Assessment
District No. 1 for the purpose of providing for the maintenance of any
landscaped stormwater treatment systems and/or hydromodification
controls developed on the property.
26. Prior to beginning of construction, the applicant shall file a Notice of
Intent (NOI) with the Regional Water Quality Control Board, if
required, to obtain coverage under the State General Construction
Activity NPDES Permit. Satisfactory evidence of the filing of the NOI
shall be furnished to the City. The applicant shall comply with all
provisions and conditions of the State Permit, including preparation and
implementation of a Storm Water Pollution Prevention Plan (SWPPP).
Copies of the SWPPP shall be submitted to the City prior to beginning
of construction and maintained on site at all times during construction.
27. All building and construction related activities shall adhere to New
Development and Construction - Best Management Practices as
adopted by the City for the purpose of preventing storm water pollution.
28. The owner (applicant) shall enter into agreement holding the City of
Saratoga harmless from any claims or liabilities caused by or arising
out of soil or slope instability, slides, slope failure or other soil
related and/or erosion related conditions.
29. Conditions Requested by Other Agencies or Utilities. Applicant
shall comply with all conditions regarding improvements, whether
on-site or off-site requested by other Agencies or Utilities having
jurisdiction over the project. Such agencies include but are not
limited to the Santa Clara Valley Water District and Regional Water
Quality Control Board. Prior to issuance of city permits, the applicant
must present evidence of permit approval by any such agencies, as
required for any activities within jurisdictional areas of said agencies.
CEQA
30. Mitigation Measure AIR-1: The construction contractor shall
implement the following measures at the project sites: 54
Resolution No. 14-017 Page 8
Acknowledged.
• All exposed surfaces (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two
times per day.
• All haul trucks transporting soil, sand, or other loose material off-
site shall be covered.
• All visible mud or dirt tracked-out onto adjacent public roads
shall be removed using wet power vacuum street sweepers at least
once per day. The use of dry power sweeping shall be prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 miles
per hour.
• All roadways to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off
when not in use or reducing the maximum idling time to 5
minutes (as required by the California airborne toxics control
measure Title 13, Section 2485 of California Code of Regulations
(CCR)). Clear signage shall be provided for construction workers
at all access points.
• All construction equipment shall be maintained and properly
tuned in accordance with the manufacturer’s specifications. All
equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to operation.
31. Mitigation Measure HYD-1: The project sponsor shall implement the
following measures:
• The project shall include a Storm Water Pollution Prevention Plan
(SWPPP) designed to reduce potential impacts to surface water
quality through the construction of the proposed project. It is not
required that the SWPPP be submitted to the Regional Water
Quality Control Board (Water Board), but it must be maintained
on-site and made available to Water Board or City staff upon
request. The SWPPP shall include specific and detailed Best
Management Practices (BMPs) designed to mitigate construction-
related pollutants. At a minimum, BMPs shall include practices to
minimize the contact of construction materials, equipment, and
maintenance supplies (e.g., fuels, lubricants, paints, solvents, and
adhesives) with storm water. Ingress and egress from construction
sites shall be carefully controlled to minimize off-site tracking of
sediment. Vehicle and equipment wash-down facilities shall be
designed to be accessible and functional during both dry and wet
conditions. The SWPPP shall specify a monitoring program to be
implemented by the construction site supervisor, and shall include
both dry and wet weather inspections.
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RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
THIS SPACE FOR RECORDER'S USE
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is entered into effective ________ (“Effective Date”) by and
among Paramount Venture LLC (hereinafter referred to as “Owner”) and Paramount Venture
LLC (hereinafter referred to as “Subdivider”) and the City of Saratoga (hereinafter referred to as
“City”) with reference to property known as Assessor’s Parcel Number: 503-82-006 as described
in more detail in Exhibit A hereto (the “Property”).
RECITALS
WHEREAS, in connection with the development of the subdivision of the Property
(hereinafter known as “subject subdivision”), Subdivider has previously filed with the City of
Saratoga Community Development Director a tentative map of said subdivision (referenced by
the City as Application No. SUB13-0003), which said tentative map was duly approved by City
Planning Commission by Resolution No. 14-017 dated June 11, 2014;
WHEREAS, Subdivider has submitted, for approval and acceptance, a parcel map or
final map (hereinafter “Map” as applicable) of the subject subdivision;
WHEREAS, Owner and Subdivider have each requested approval of said Map prior to
the completion of improvements of all public facilities and other improvements which are a part
of or appurtenant to the subject subdivision, including, but without limiting the foregoing, all
required grading, erosion control, streets, street lights, utilities, traffic safety devices, paving,
curbs and gutters, sidewalks, pathways, bikeways, catch basins, pipes, culverts, storm drains,
sanitary sewers, street trees and street signs, water systems and fire hydrants all in accordance
with and as required by the plans and specifications for all of said improvements (collectively,
the “Works of improvement”), which plans and specifications were prepared by Bowman and
Williams, Consulting Civil Engineers on behalf of Subdivider and Owner, approved by the City
Engineer and now on file in the Public Works Department.
NOW, THEREFORE, in consideration of the above RECITALS and the mutual promises
and covenants of the parties hereto, it is agreed as follows:
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1. JOINT AND SEVERAL DUTIES
Owner and Subdivider are hereinafter collectively referred to as “Developer” in this
Agreement, but each shall remain jointly and severally liable for compliance with the terms of
this Agreement. However, only the Subdivider shall be responsible for providing the security
required by this Agreement. Developer hereby enters into an agreement with City, by the terms
of which agreement Developer agrees to have the Works of improvement required by City
completed on or before one year from the effective date of this Agreement in accordance with
the Saratoga City Code (hereinafter “City Code”).
2. FILING OF FINAL MAP
City, for and in consideration of the execution of this Agreement and fulfillment by
Developer of the terms set forth herein, shall accept for filing the Map for the subject
subdivision.
3. DEVELOPER’S DUTIES REGARDING IMPROVEMENT WORK
Developer hereby agrees that:
(a) Prior to Developer commencing work Developer shall provide a Notice of
Commencing Work to City. If Developer contemplates requesting a partial release,
the Notice of Commencing Work shall include a schedule of work and a cost
breakdown for each Work of improvement acceptable to the City Director of Public
Works.
(b) All Works of improvement shall be constructed by Developer at Developer’s sole
cost and expense in accordance with the improvement plans and specifications
prepared by Developer’s Civil Engineer as previously approved by the City Engineer
in a good and workmanlike manner, in accordance with all City standards,
specifications and applicable laws, rules and regulations, to the satisfaction of the
Director of Public Works. Developer agrees that the Director of Public Works shall
have the right to reject any or all of the work to be performed under this Agreement if
such work does not conform with the plans and specifications, City standards, or any
applicable law, rule, or regulation;
(c) The Works of improvement shall be maintained in good condition and repair and be
guaranteed against any defects in material and workmanship for a period of one year
from the date of final approval by the City (or such extended period of time thereafter
as is necessary to repair any such defects to the satisfaction of the City);
(d) Developer shall cause to be made and pay for soil tests conducted by a reputable soils
testing laboratory to determine gradation, bearing, and resistance value of soils within
the subject subdivision from which to determine the nature of the Works of
improvement necessary. Developer shall also cause to be made and pay for all
necessary tests including, but not limited to, necessary tests under Section 19
57
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(Earthwork), Section 26 (Aggregate Bases), and Section 39 (Asphalt Concrete) of the
most current edition of Standard Specifications issued by the California Department
of Transportation as of the Effective Date of this Agreement.
(e) Developer shall pay to the City the cost of inspecting the Works of improvement
including the costs of staff time and any consulting services determined necessary by
the Director of Public Works;
(f) Developer shall furnish to the City the improvement security as required in Section 5
of this Agreement and City Code Section 14-60.020; and
(g) Developer shall furnish to the City the release, indemnity agreement and insurance
coverage required by Section 11 of this Agreement and City Code Section 14-05.055.
4. TIMING OF CONSTRUCTION OF WORKS OF IMPROVEMENT
Developer hereby agrees to construct all required Works of improvement as follows:
(a) All required on-site and off-site improvements shall be complete to the satisfaction of
the Director of Public Works, prior to issuance of the final inspection approval for
any structure built on any parcel within the subject subdivision and: (1) within one
year from the date of City’s approval of subject subdivision, or (2) prior to
___________________ (specify date), if initialed and dated by the Director of Public
Works here ___ at or prior to the Effective Date of this Agreement.
(b) All off-site work (if any), shall be done prior to or concurrently with on-site work,
unless otherwise expressly specified by the conditions of the tentative map for the
subject subdivision, and initialed by the Director of Public Works here ____;
(c) The time for completion may be extended by the Director of Public Works in his/her
sole discretion, for good cause shown in writing by Developer. The Director of
Public Works may, in his/her sole discretion, allow up to three extensions of this
Agreement of up to 180 days each, provided that all requirements under this
Agreement or imposed by law are met by Developer. Any further extension requires
amendment and approval of this Agreement by the City Council;
(d) In the event that Developer fails to complete the Works of improvement within the
time specified herein, City may complete said work and Developer promises to pay
City the full cost and expenses thereof or City may recover the same from Developer,
the surety(s) and/or the holder(s) of improvement security, including reasonable
attorney fees. City, in its sole discretion, may require Developer, the surety(s), and/or
the holder(s) of improvement security to pay City in advance, sufficient monies to
cover City’s cost in completing construction of the improvements; and
(e) In the event Developer has not completed the required works of improvement within
the period of time allowed by this Agreement (including any duly obtained
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extensions), Developer shall not proceed further with any work of improvement
unless and until approval to do so is obtained from the City. The City reserves the
right, upon each renewal, to increase the security amounts to reflect increases in
material, labor and equipment prices. Notwithstanding the foregoing, it is understood
that in the event the Developer fails to complete any work of improvement within the
required period of time that the City may proceed against the securities required by
Section 5 of this Agreement, to obtain completion of such work of improvement, or
may initiate proceedings to revert the subdivided property to acreage.
5. SECURITY
(a) Developer shall furnish to City good and sufficient security for:
(1) faithful performance and guarantee of the work; and
(2) payment of contractors, subcontractors and persons furnishing labor, materials
or equipment.
(b) The security shall be one or more of the following forms at the option of, and subject
to approval by, the City:
(1) A bond (or bonds) of a duly authorized corporate surety in the forms attached
hereto as Exhibits B and C respectively, each issued by a corporate surety
duly authorized to transact business in the State of California (“State”); or
(2) A deposit held by the City in cash or, if approved by the City Manager,
negotiable bonds of the kind approved for securing deposits of public monies;
or
(3) An instrument of credit from an agency of the State, Federal or local
government when any agency of the State, Federal, or local government
provides at least twenty percent (20%) of the financing for the portion of the
act or agreement requiring security, or from one or more financial institutions
subject to regulation by the State or Federal government and pledging that the
funds necessary to carry out the act or agreement are on deposit and
guaranteed for payment, or a letter of credit or set aside letter issued by such a
financial institution. The form and content of such instrument, letter of credit
or set aside letter shall be subject to prior approval by the City Attorney; or
(c) The security furnished by the Developer shall be in the following amounts and for the
following purposes:
(1) An amount equal to one hundred percent (100%) of the total estimated cost of
the improvement or of the act to be performed, as determined by the Director
of Public Works, securing faithful performance of the Works of improvement
and guaranteeing against any defective work or labor done or defective
materials furnished (herein “the Faithful Performance Security”). Liability
upon the Faithful Performance Security shall both include, and be limited to
the matters specified in Section 66499.9 of the California Government Code;
and
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(2) An amount equal to one hundred percent (100%) of the total estimated cost of
the Works of improvement as determined by the Director of Public Works,
securing payment to the contractor, the subcontractors, and persons furnishing
labor, materials or equipment for the Works of improvement or the
performance of the required act(s) (herein “the Payment Security”);
(3) As part of the obligation guaranteed by each security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys’ fees, incurred by the City
in successfully enforcing the obligation secured; and
(4) At least ten percent (10%) of the Faithful Performance Security and Payment
Security shall be provided in the form of a deposit held by the City in cash.
(d) The Faithful Performance Security required under this Section shall remain in full
force and effect for a period of one year following the completion of the work as
continuing security for the Developer’s guarantee against any defective work or labor
done or defective materials furnished, and thereafter until all deficiencies in
construction, maintenance and repair have been corrected to the satisfaction of the
Director of Public Works and final acceptance of all work is granted by the City
Council. Upon completion of the work, the Director of Public Works may, in his or
her discretion, permit the Developer to reduce the amount of such Security if the
Director of Public Works determines that a lesser amount will be sufficient to secure
the Developer’s obligation to correct any defects in workmanship or materials.
(e) The Payment Security required under this Section shall, after final acceptance of the
work and passage of the time within which claims of lien or nonpayment are required
by law to be recorded, be reduced to an amount equal to the total claimed by
contractors, subcontractors and all persons for whom claims of lien or nonpayment
have been properly recorded and timely notice thereof given in writing to the City,
and if no such claims have been recorded, the Payment Security shall be released in
full. The reduction or release of security authorized herein shall not apply to any
amount deemed by the City Manager to be necessary as security for costs, expenses
and fees, including reasonable attorneys’ fees that may be incurred by the City as a
result of any breach of this improvement Agreement by the Developer.
(f) If the required improvements are financed and installed pursuant to a special
assessment proceeding and the contractor has furnished a Faithful Performance
Security and Payment Security as required by the special assessment act pursuant to
which the improvements are being constructed, the improvement securities required
under this Section may, in the sole discretion of the Director of Public Works be
reduced by an amount corresponding to the amount of such securities so furnished by
the contractor.
(g) Any damage to Works of improvement or property as provided in Section 11 of this
Agreement that occurs during or within one year after completion of the Works of
improvement shall be completely repaired to the satisfaction of the Director of Public
Works by Developer before release of improvement security.
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(h) Each security required in order to comply with this Agreement shall be maintained in
full force and effect unless and until the obligation to provide such security is
released, or partially released by the Director of Public Works in writing.
(i) Release of each security by City shall be in compliance with Section 66499.7 of the
California Government Code.
(j) Where the performance of an obligation for which a security is required is subject to
the approval of another agency, the City shall comply with Section 66499.8 of the
California Government Code.
6. ACQUISITION OF EASEMENTS AND RIGHTS-OF-WAY
Developer represents and warrants that it or City has all easements or rights-of-way
necessary to complete the Works of improvement required by this Agreement with the exception
of the following:
Item of Work Affected APN
Estimated Cost
Total Estimated Cost:
(If no easements or rights-of-way are required, Subdivider shall so indicate by initialing
this Agreement here: ________ (Subdivider’s initials).
The Developer is required, within ten (10) days of the Effective Date of this Agreement,
to deposit with the City a cash deposit in the amount(s) of the Total Estimated Cost specified
above (if any) for the acquisition of any easement or right-of-way needed for the works of
improvement set forth in this Agreement.
If any easements or rights-of way are required then the condemnation clause, attached as
Exhibit D is hereby made a part of this Agreement.
7. EROSION CONTROL
Developer shall take all necessary actions during the course of construction of all
improvements to prevent erosion damage to adjacent properties or improvements (including, but
not limited to, City streets and other City infrastructure or property). It is understood and agreed
that in the event of failure on the part of Developer to prevent erosion, City may do the work of
improvement and/or erosion protection measures on an emergency basis and Developer shall
reimburse City for the actual expenses incurred (including administrative and/or legal expenses)
within thirty (30) days after City mails a billing statement for such expenses to Developer. If
such reimbursement is not timely made, City is entitled to obtain such reimbursement from
Developer and/or to proceed against the Faithful Performance Security to cover City’s expenses.
Developer shall implement the subject subdivision project work and the Works of
improvement in compliance with all applicable requirements of the National Pollutant Discharge
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Elimination System (“NPDES”) permit issued to the Santa Clara Valley Urban Runoff Pollution
Prevention Program (“Program”), to govern the discharge of storm water and non storm water.
All work shall also be in compliance with all other applicable Federal, State, and local laws and
regulations. Compliance with the Program NPDES Permit requires the preparation and
submission of a Storm Water Pollution Protection Plan (“SWPPP”), or a Water Pollution Control
Program (WPCP”), and the approval of same by the appropriate reviewing authority prior to the
start of any work. Information on the requirements may be found at the City Public Works
Department under Order No. 01-119, or subsequent orders or changes to the Program NPDES
Permit.
Developer is required to implement best management practices during and after
construction of the subject subdivision project work and the Works of improvement to minimize
pollutant discharge for the development and life of all the work.
Developer shall provide City with a written document describing the operation and
maintenance of storm water treatment controls, which may be a part of the CC&Rs, a
Maintenance Agreement, or other recorded document.
8. EARLY RELEASE
Where the total cost of the Works of improvement exceeds $100,000, Developer may
from time to time request a certificate of partial completion of Works of improvement for the
sole purpose of obtaining a partial reduction in the retained amount of the Faithful Performance
Security. Requests for a certificate of partial completion of Works of improvement shall be
made in writing to the Director of Public Works on forms provided by City. No such request
shall be honored and no reduction in the retained amount of any improvement security shall be
made during the existence of any default in satisfactorily completing any aspect of the Works of
improvement. In no event shall any single reduction be less than twenty-five percent (25%) of
the total estimated cost of the Works of improvement, nor shall the total number of requests
exceed three (3) in number nor shall the aggregate of all partial reductions exceed seventy-five
percent (75%) of the original amount of the improvement security. No certificate of partial
completion of Works of improvement shall be construed: (1) to constitute acceptance of the
Works of improvement referenced in the certificate by City prior to the time formal action is
taken by City to accept such Works of improvement; (2) to constitute acceptance by City of any
offer of dedication of any interest in real property prior to the time formal action is taken by the
City Council to accept said dedication; (3) to constitute a waiver of any of the requirements
contained in this agreement. The decision to issue a certificate of partial completion of Works of
improvement shall be made by the Director of Public Works in his/her sole discretion. The
determination of the Director of Public Works shall be final and conclusive. Any reduction in
the amount of retained improvement security shall not reduce the obligations of Developer to
City under this Agreement.
In order for City to process a certificate of partial completion requesting reduction of the
retained amount of the improvement security, Developer shall furnish to the Director of Public
Works prior to or concurrent with the notice of commencing work, an itemized cost breakdown
and/or adequate information for all items of improvement.
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9. INDEPENDENT CONTRACTOR
Developer agrees that, in making the required works of improvement, Developer is an
independent contractor and not an employee or agent of City, and no person hired to furnish
labor, materials, and/or equipment in connection with required works of improvement is an
employee or agent of City. Developer shall comply with Labor Code Section 1771, generally
requiring payment of prevailing wages when Developer is building the Works of improvement
required under this Agreement.
10. TENTATIVE MAP
The requirements of the tentative map shall not be overridden by the requirements of this
Agreement. In the event of a conflict between the two, the City Engineer shall determine the
most reasonable interpretation to assure satisfactory improvements for the benefit of the public.
11. PRESERVATION OF PROPERTY
Developer shall exercise due care to avoid injury to existing roadway (whether public or
private) improvements or facilities, utility facilities, adjacent property, and roadside trees and
shrubbery that are not to be removed.
Roadside trees and shrubbery; pole lines; fences; mailboxes; signs; markers and
monuments; buildings and structures; conduits; pipe lines under or above ground; sewer and
water lines; all roadway facilities; and any other improvements or facilities within or adjacent to
any of the work, other than those to be removed in accordance with the plans and specifications,
shall be protected from injury or damage. If ordered by the Director of Public Works, Developer
shall provide and install suitable safeguards, approved by the Director of Public Works, to
protect such property, facilities, or objects from injury or damage. If such property, facilities, or
objects are injured or damaged by reason of Developer’s operation, they shall be replaced or
restored at the Developer’s expense. The property, facilities, or objects shall be replaced or
restored to a condition as good as when Developer entered upon the work, or as good as required
by this Agreement, if any such property, facilities, or objects are a part of the work of
improvement being performed under this Agreement. The Director of Public Works may make
or cause to be made such temporary repairs as are necessary to restore to service any damaged
roadway or other facility or object. The cost of such repairs shall be borne by Developer.
It shall be the Developer’s responsibility to ascertain the existence of any underground
improvements or facilities that may be subject to damage in the course of performing the Works
of improvement. A minimum of forty-eight (48) hours, or two working days, prior to beginning
of construction, Developer shall notify Underground Services Alert (“USA”), telephone 1-800-
642-2444, to have existing facilities marked in the field.
12. PRE-CONSTRUCTION SURVEY
Developer shall provide pre-construction color photographs prior to providing City with
Notice of Commencing work and upon completion of the Works of improvement, 35mm or
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larger film size, of the work site including surrounding areas. Each photograph shall be marked
to indicate the date, name of work, and the location where the photograph was taken.
Photographs shall be taken at location intervals as directed by the Director of Public Works or
his/her designee. Developer shall provide a sufficient number of photos to show the condition of
the property before commencing the works of improvement and after completion of such work.
The Director of Public Works shall have the final word on the number of photos required.
Prints shall be submitted to the Director of Public Works in a three-ring photo album
binder with clear plastic-covered fillers, four photos each side, grouped according to street,
lateral, or line, and in sequence. Each group of prints shall be identified by a label that projects
beyond the edge of the filler and is easily recognized.
13. RELEASE, INDEMNIFICATION, INSURANCE, AND ONE YEAR EXCLUSIVE
RESPONSIBILITY
(a) Release and Indemnification
sole fault of City, provided such sole fault is determined by agreement between the
parties or the findings of a court of competent jurisdiction.
: Developer hereby releases and agrees to indemnify,
hold and save City, its officers, employees, and agents harmless from and against any
and all damage, injury, and/or death to persons and property, and any and all claims,
demands, costs, losses, damages, injuries or liability, including attorney’s fees,
howsoever caused, resulting directly or indirectly from the performance or
nonperformance of any and all work done or to be done pursuant to this Agreement,
including without limitation any made or suffered by Developer or Developer’s
agents, employees, contractors, or subcontractors. Developer shall not be required to
indemnify and hold harmless City as set forth above for liability attributable to the
Without limiting the generality of the foregoing indemnity, such indemnity obligation
expressly extends to and includes any and all claims, demands, losses, damages,
costs, expenses, fines, penalties, judgments or liability occasioned as a result of
damages to adjacent property caused by the conduct of the Work of improvement.
(b) Insurance
(i)
:
Errors and Omissions Insurance
: Developer hereby agrees to require each and
every design consultant involved in the design of any works of improvement to
carry errors and omissions insurance coverage (primary as to City) as to such
involvement in the minimum amount of two million dollars ($2,000,000) and
subject to requirement to provide extended claim reporting provision in the
insurance policy (“tail coverage”)..
(ii) Commercial General and Automobile Liability Insurance - Developer hereby
agrees to require each and every contractor or subcontractor involved in the
design or construction of any works of improvement to carry Commercial General
and Automobile Liability Insurance. This insurance shall protect contractors and
subcontractors from claims for bodily injury and property damage which may
arise because of the nature of the work or from operations under this Agreement.
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The coverage shall be at least as broad as Insurance Services Office (ISO)
Commercial General Liability coverage (occurrence Form CG 0001), ISO Form
G0009 11 88 Owners and Contractors Protective Liability Coverage – Coverage
for Operations of Designated Contractor) and Insurance Services Office Form
Number CA 0001 covering Automobile Liability, code 1 (any auto). Claims-
made policies will not be accepted. The insurance policy shall be endorsed to
name as additional insureds the City and its officers, employees and agents, using
ISO Form CG20 11 85 (attached hereto as Exhibit E), or equivalent language
approved by the City Administrative Services Director. This policy shall provide
coverage to each of the additional insureds with respect to the works of
improvement. Both bodily injury and property damage insurance must be on an
occurrence basis. Each policy shall be endorsed to provide primary coverage to
the full limit of liability stated in the declarations. If the additional insureds have
any other insurance or self-insurance against the loss covered by this policy, that
other insurance shall be excess insurance and not contribute with contractors and
sub-contractors’ policy.
(A) Amount of Coverage
(B)
- The bodily injury and property damage liability of
the Commercial General and Automobile Liability Insurance shall provide
coverage in the following limits of liability: $2,000,000 per occurrence for
the General Contractor and $1,000,000 per occurrence for subcontractors
with an annual general aggregate limit of not less than $2,000,000, and
$2,000,000 products and completed operations aggregate. The
Automobile Liability insurance policy shall provide minimum limits of
$1,000,000 per accident for bodily injury and property damage.
Included Coverage
- The Commercial General and Automobile Liability
Insurance shall also include all of the following coverages:
• Premises – Operations;
• Owner's/Independent Contractors and Contractor's Protective;
• Products - Completed Operations;
• Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.);
• Blanket Contractual Liability, including the indemnity agreement in
this contract;
• Separation of Insureds/Cross-Liability Provisions;
• Duty to Defend All Insureds;
• Deletion of any limitation on Coverage for Bodily Injury or Property
Damage Arising Out of Subsidence or Soil or Earth Movement;
• A provision that the annual general aggregate and the products and
completed operations annual aggregate shall apply separately to the
Works of improvement;
• Pollution Legal Liability Endorsement;
• XCU - Explosion, Collapse, Underground Damage. (XCU may be
deleted with the City's prior written approval when not applicable to
operations performed by the Developer or its sub-contractors.)
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(C)The certificate of insurance shall guaranty that the policy will not be
amended, altered, modified, or canceled without at least thirty (30) days
notice by registered mail to the Administrative Services Director, City of
Saratoga; 13777 Fruitvale Ave.; Saratoga, California 95070.
(D) In accordance with Insurance Code Section 11580.04, coverage shall not
extend to any indemnity coverage for the active negligence of the
additional insured in any case where any agreement to indemnify the
additional insured would be invalid under Civil Code Section 2782(b).
(v) The Administrative Services Director or the Public Works Director may modify
the insurance requirements on a situation-by-situation basis.
(c) City Acceptance Not a Waiver or Release; Non-waiver of Developer’s
Obligations
: Developer hereby agrees that notwithstanding any other provision of
this Agreement, USE BY ANY PERSON FOR ANY PURPOSE OF ANY AND ALL OF
THE WORKS OF IMPROVEMENT, SHALL BE AT THE SOLE AND EXCLUSIVE
RISK OF DEVELOPER UNTIL ONE (1) YEAR AFTER FINAL ACCEPTANCE BY
CITY OF THE COMPLETED WORKS OF IMPROVEMENT. It is further agreed that
the acceptance of said improvements by City shall not eliminate or reduce any of
Developer’s obligations or undertakings contained in this Agreement. The issuance
of any occupancy permit by City for any structure located within the subject
subdivision shall not be construed in any manner to constitute an acceptance and
approval of any or all of the Works of improvement in the subject subdivision.
14. LIABILITY FOR NONPERFORMANCE
Neither City nor any of its officers, employees or agents shall be liable to Developer or
its contractors for any error or omission arising out of or in connection with any work to be
performed under this Agreement.
15. LIABILITY FOR PERSONAL INJURIES
City shall not be liable to Developer or to any other person, firm or corporation
whatsoever, for any injury or damage that may result to any person or property by or from any
cause whatsoever in, on, or about the subject subdivision of the land covered by this Agreement,
or any part thereof.
16. OBLIGATIONS OF DEVELOPER
Notwithstanding the fact that Developer’s plans and specifications, completion of the
work, and other acts are subject to approval by the City, it is understood and agreed that any
approval by City thereof or any full or partial release of any improvement security shall not
relieve Developer from satisfactorily performing said Work of improvement or its obligations
under this Agreement. Compliance with the City’s standards, specifications and all applicable
laws, rules and regulations shall be the sole responsibility of the Developer. Developer hereby
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warrants that its plans and specifications will comply with all of City’s standards, specifications
and ordinances and that the work done pursuant thereto shall be in conformity with the said
standards, specifications and ordinances and that they are adequate to accomplish the work in a
good workmanlike manner and in accordance with sound construction practices. This warranty
shall survive any review, inspection or approval by the Director of Public Works and any other
City officers, employees or agents.
17. WARRANTY AND MAINTENANCE OF WORK
Notwithstanding anything contained herein to the contrary, Developer further warrants
and guarantees to City the materials used and workmanship performed on the subject subdivision
for the maximum statutory period permitted under California law after completion and
certification thereof by the Director of Public Works. In addition, Developer shall maintain the
work for a period of one (1) year after acceptance of the work by City, or until all deficiencies in
the work are corrected to conform to the plans and City’s standards and specifications for the
work, whichever date is later.
18. NO WAIVERS
No waiver of any of the provisions of this Agreement shall constitute a continuing waiver
unless expressly provided. No course of dealing between Developer and City, or any delay on
the part of City in exercising any rights hereunder shall operate as a waiver of any rights by City,
except to the extent expressly waived in writing by City.
19. SUPPLYING “RECORD DRAWING” PLANS
Upon completion of the Works of improvement and prior to certification of completion,
Developer shall supply City, at no cost to City, one mylar (4 mils) set of “record” drawings.
These drawings shall be certified as being “record drawings” and shall reflect the improvements
as actually constructed, with all changes incorporated therein.
20. NOTICE AND CERTIFICATION OF COMPLETION
Developer shall advise the Director of Public Works in writing of the completion of the
Works of improvement herein specified and request certification of completion. Upon
determining the satisfactory completion of the Works of improvement by Developer the City
Engineer shall issue a certificate of completion. For the purposes of this Agreement, the date of
completion shall be the date that the City Engineer issues a certificate of completion. After
issuance of said certificate, as an alternate to submission of new and separate security for
purposes of guarantee and warranty, the retained amount of the Faithful Performance Security
may in the sole discretion of the Director of Public Works, be reduced to twenty-five percent
(25%) of the original amount.
21. OWNERSHIP OF WORKS OF IMPROVEMENT
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Upon acceptance of any Work of improvement by the City Council of the City of
Saratoga, such improvement shall become the property of the City without any compensation
paid to Developer or any other person.
22. ASSIGNMENT
This Agreement shall not be assignable by Developer without the written consent of the
City.
23. SURVIVAL OF REPRESENTATIONS
All promises, representations and warranties made by Developer pursuant to this
Agreement shall survive the completion of the transactions contemplated by this Agreement, the
acceptance of the work by City and any investigations or inspections made by or on behalf of
City.
24. MODIFICATION AND COMPLETE UNDERSTANDING; BINDING ON
SUCCESSORS AND ASSIGNS; RUNS WITH PROPERTY; ORIGINAL
DEVELOPER PRIMARILY LIABLE
This Agreement sets forth the complete understanding of the parties and supersedes all
prior agreements, understandings, negotiations and discussions, whether oral or written, of the
parties in connection with the subject matter thereof. No supplement, modification, discharge,
waiver or termination of this Agreement or any provisions hereof shall be binding unless
executed in writing by the parties to be bound thereby.
This Agreement shall be binding upon the successors and assigns of each of the parties.
To the extent that Developer sells, transfers or assigns 100% of its right, title or interest in the
Property to a third party, the obligations under this Agreement shall run with the land and be
binding upon such third party; provided, however, the obligations of Agreement shall not run
with the land and shall not be binding upon any buyer of any single lot improved with a single
family home or townhome on the Property, it being expressly agreed that the obligations
hereunder shall be retained by Developer with respect to each such lot. Developer shall notify
any buyer of 100% of Developer’s right, title or interest in the Property as described above,
either in escrow or in fact, as to the obligations on successors and assigns created by this
Agreement. To the extent that Developer sells, transfers or assigns 100% of its right, title or
interest in the Property to a third party, Developer agrees to provide City with acknowledgment
of his/her disclosure of the third party’s rights and responsibilities under this Agreement pursuant
to the form provided in Exhibit F. Developer shall further provide a copy of this executed
Agreement to any such buyer of 100% of Developer’s right, title or interest in the Property.
Developer agrees that the sale of all or part of the lands of the underlying subdivision
does not automatically transfer from or in any way relieve the Developer of the duties to perform
or the security obligations of this Agreement. Those duties to perform and security obligations
attach to Developer as of the Effective Date of this Agreement and remain until all obligations of
Developer under this Agreement are fulfilled or transferred by substitution of a replacement
agreement and replacement securities acceptable to the City.
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EXHIBIT B
FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Saratoga, State of California (“City”), and ___________
________________ (Name of Subdivider, hereinafter designated as “Principal”) have entered
into an Agreement whereby Principal agrees to install and complete certain designated
improvements for the benefit of the public, which Agreement, dated ______________, and
identified as Project SUB13-0003, is hereby incorporated by this reference and made a part
hereof as though fully set forth herein; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for
the faithful performance of the Agreement (including but not limited to the performance of the
work and a guarantee against any defective work or labor done or defective materials furnished
for one year and thereafter until all deficiencies have been corrected to the satisfaction of and
acceptance by City);
NOW, THEREFORE, we, Principal and ______________________________________
(Name of Surety), as Surety, are held and firmly bound unto the City, in the penal sum of
__________________________________________________________________ lawful money
of the United States, for the payment of which we bind ourselves, our heirs, successors,
executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that the obligation shall become null and void if
the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns,
shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions,
and provisions in the Agreement and any alteration thereof made as therein provided, on his/her
or their part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to his/her or their true intent and meaning, and shall indemnify and save
harmless City, its officers, employees, and agents as therein stipulated; otherwise, this obligation
shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified,
costs and reasonable expenses and fees shall be included, including reasonable attorneys’ fees,
incurred by the City in successfully enforcing the obligation, all to be taxed as costs and included
in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the Agreement, the work to be performed thereunder, or the
specifications accompanying the Agreement shall in any way affect its obligations on this bond.
The Surety hereby waives notice of any such change, extension of time, alteration, or addition to
the terms of the Agreement, the work, or the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and
Surety on _________________.
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PRINCIPAL:
Date: Subdivider:
By: ____________________________
Name:
Its:
SURETY:
Date: ______________________________________,
a California Corporation
By: _____________________________
Name:
Its:
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EXHIBIT C
LABOR AND MATERIAL BOND
WHEREAS, the City of Saratoga, State of California, and _____________________
_______________________ (Name of Subdivider, hereinafter designated as “Principal”) have
entered into an Agreement whereby Principal agrees to install and complete certain designated
improvements for the benefit of the public, which Agreement, dated ______________, and
identified as Project SUB13-0003, is hereby incorporated by this reference and made a part
hereof as though fully set forth herein; and
WHEREAS, under the terms of the Agreement, Principal is required before entering upon
the performance of the work to file a good and sufficient payment bond with the City to secure
the claims to which reference is made in Title 15 (commencing with section 3082) of Part 4 of
Division 3 of the Civil Code of the State of California:
NOW, THEREFORE, we, the Principal and (Name of
Surety), hereinafter referred to as “Surety”, are held and firmly bound unto the City and all
contractors, subcontractors, laborers, materialmen, and other persons employed in the
performance of the Agreement and referred to in Title 15 (commencing with section 3082) of
Part 4 of Division 3 of the Civil Code in the sum of _
, for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to this work or labor, that
Surety will pay the same in an amount not exceeding this amount set forth. If suit is brought on
this bond, Surety will pay, in addition to the face amount thereof, costs and reasonable expenses
and fees, including reasonable attorney fees, incurred by the City in successfully enforcing the
obligation, to be awarded and fixed by the Court, to be taxed as costs, and to be included in the
judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies, and corporations entitled to file claims under Title 15 (commencing
with section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
If the condition of this bond is fully performed, then this obligation shall become null and
void; otherwise, it shall be and remain in full force and effect.
Surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the agreement of the specifications accompanying the agreement shall in
any manner affect its obligations on this bond. The Surety hereby waives notice of any such
change, extension, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and
Surety on ____________.
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PRINCIPAL:
Date: Subdivider
By: _____________________________
Name:
Its:
SURETY:
Date: _________________________________________,
a California Corporation
By: _____________________________
Name:
Its:
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EXHIBIT D
CONDEMNATION CLAUSE
Within ten (10) days of the Effective Date of this Agreement, Developer agrees to use
best efforts to commence negotiations for acquisition of the required easements. Developer shall
base his/her offers to purchase the roadway easement or right-of-way on appraisals prepared in
conformity with eminent domain law. Within sixty (60) days of execution of this Agreement,
Developer shall provide the City with written documentation of acquisition efforts, including
parties contacted, times of such contact, amounts offered, basis of offers, and property owners’
responses.
If developer has not acquire the required easements within sixty (60) days of the
Effective Date of this Agreement, Developer agrees to deposit with the City of Saratoga within
(70) days of the Effective Date of this Agreement a $ _______________________________
cash deposit to apply toward the costs required to acquire the roadway easement or right-of-way,
including attorney time, appraisal and engineering services. Upon receipt of the security, City
Attorney shall retain an appraiser and initiate negotiations with the property owners and, if
necessary, shall initiate and diligently pursue eminent domain proceedings. Both parties
acknowledge that the City Council of the City after authorizing staff to initiate eminent domain
proceedings may, in its sole discretion, based on substantial legal justification for good cause,
determine not to proceed or to abandon the eminent domain proceedings.
The City shall consider initiation of a condemnation action pursuant to Civil Code
Section 1001, Code of Civil Procedure Section 1245.325, Government Code Section 66462.5,
and Chapter 14 of the Saratoga City Code.
If the costs of acquisition are less than the required cash deposit, then the balance of the
cash deposit thereon shall be refunded to the Developer. If the City requires additional funds to
pursue eminent domain proceedings, the Developer shall submit such additional funds, within
thirty (30) days of a request by City.
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EXHIBIT E
FORM # CG 20 10 11 85
POLICY NUMBER: _______ COMMERCIAL GENERAL AND
AUTOMOBILE LIABILITY
______ ERRORS AND OMISSIONS
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY:
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
_______ COMMERCIAL GENERAL LIABILITY COVERAGE PART:
______ ERRORS AND OMISSIONS COVERAGE PART:
SCHEDULE:
Name of Person or Organization:
City of Saratoga and its officers, employees and/or agents
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of “your work”
for that insured by or for you.
SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF
OWNER AND GENERAL CONTRACTOR SHALL BE PRIMARY INSURANCE AS
RESPECTS TO ANY CLAIMS, LOSSES, OR LIABILITY ARISING DIRECTLY OR
INDIRECTLY FROM THE CONTRACTOR’S OPERATIONS AND ANY OTHER
INSURANCE MAINTAINED BY OWNER AND GENERAL CONTRACTOR SHALL BE
EXCESS AND NOT CONTRIBUTORY WITH THE INSURANCE PROVIDED
HEREUNDER.
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EXHIBIT F
ACKNOWLEDGMENT OF DISCLOSURE UNDER SECTION 24 TO THE ATTACHED
SUBDIVISION IMPROVEMENT AGREEMENT
I, _______________________________ (name of purchaser of parcel of property in the
subdivision known as ________________________, referred to as APN ______________, and
described more fully in Exhibit “1” to this Exhibit E), do hereby acknowledge that
______________ (Developer), has fully informed me of my responsibilities under the attached
Subdivision Improvement Agreement. I understand that such Agreement shall be binding upon
me and on my successors and assigns. I further understand that by purchasing a parcel of land
created by the underlying subdivision reference above, I have certain obligations created by this
Agreement, which are binding upon me and on my successors and assigns. I have received a
copy of the Agreement executed between the City of Saratoga and Developer and understand the
responsibilities imposed on me by the Agreement.
IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser as set forth
below.
PURCHASER:
Date: __________________________________
By: ___________________________________
Name: _________________________________
Its: ____________________________________
568448.1
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RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
THIS SPACE FOR RECORDER'S USE
Record without fee pursuant to
Government Code Section 6103
COVENANT AND AGREEMENT FOR
STORMWATER TREATMENT MEASURES
CONSTRUCTION, INSPECTION and MAINTENANCE
BY AND BETWEEN
THE CITY OF SARATOGA, CALIFORNIA,
AND
PARAMOUNT VENTURE, LLC
FOR PROPERTY LOCATED AT
THE TERMINUS OF PARAMOUNT DRIVE, SARATOGA, CA
This Covenant and Agreement for Stormwater Treatment Measures, Construction, Inspection
and Maintenance (“Agreement”) is entered into this __ day of ________, 20__ by and between
the City of Saratoga, a municipal corporation, (“City”) and Paramount Venture, LLC the owner
of real property described in this Agreement, (the “Developer”). City and Developer may b e
referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this
Agreement.”
RECITALS
WHEREAS, on November 18, 2015, the Regional Water Quality Control Board, San
Francisco Bay Region, adopted Order R2-2015-0049, NPDES Permit No. CAS612008, reissuing
the National Pollutant Discharge Elimination System municipal stormwater permit (“NPDES
Permit”) for the San Francisco Bay Region, for which the City of Saratoga is a co-permittee; and
WHEREAS, Provision C.3.h of this NPDES permit, as it may be amended or reissued,
requires the City to provide verification and access assurances that all stormwater treatment
measures shall be adequately operated and maintained by persons and entities responsible for the
stormwater treatment measures; and
WHEREAS, to comply with Provision C.3.h, the City must obtain permission, by
easement, license, or otherwise, to enter the property containing stormwater treatment measures
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so that the City can inspect and, if necessary, maintain these treatment measures; and
WHEREAS, as used in this Agreement, “Property” means the entire 6.34 acre propert y
located at the terminus of Paramount Drive, APN 503-82-006 (the “Propert y”), and more
particularl y described in the attached Exhibit A and incorporated herein by this reference, or any
portion thereof; and
WHEREAS, as used in this Agreement, “Property Owner” means each person or entit y
holding record title to or otherwise having an ownership interest in the Property; and
WHEREAS, as of the effective date of this Agreement, Developer owns the entire 6.34
acre Property and is the only Property Owner; and
WHEREAS, Developer desires to develop the Property by subdividing it into seven
parcels and developing improvements upon it to serve seven new residences, including, but not
limited to, extending Paramount Drive and Paramount Court; and
WHEREAS, the size of the Property and the type of development proposed requires the
Developer to construct and maintain certain stormwater treatment measures (the “Stormwater
Treatment Measures”) in accordance with the NPDES Permit; and
WHEREAS, the Stormwater Treatment Measures are shown on the approved
improvement plans attached hereto as Exhibit B, and generally consist of the following:
x Bioretention basin with flow control structure on Parcel 4 and Parcel 5
x Pervious pavement on each parcel
The phrase “Stormwater Treatment Measures” includes all pipes, channels or other conve yances
shown on Exhibit B and built to convey stormwater to the Stormwater Treatment Measures, as
well as all structures, improvements, and vegetation shown on Exhibit B and provided to control
the quantity and quality of the stormwater; and
WHEREAS, the Property Owner, its administrators, co-owners, executors, successors,
heirs, assigns or any other persons, including any homeowners association (hereinafter
collectivel y referred to as “Propert y Owner”) agrees that the Stormwater Treatment Measures
more particularl y described and shown on Exhibit B, of which full-scale plans and any
amendments thereto are on file with the Engineering Division of the Public Works Department
of the Cit y of Saratoga, must be installed and maintained as indicated in this Agreement and as
required by the NPDES permit, as it may be amended from time to time; and
WHEREAS, this Agreement shall serve as the signed statement by Developer, as the
initial and, as of the execution of this Agreement, only Property Owner, accepting responsibility
for construction, operation, maintenance and inspection of the Stormwater Treatment Measures
on the Propert y as set forth in this Agreement; and
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WHEREAS, the City and the Developer agree that the health, safet y and welfare of the
residents of the City require that the Stormwater Treatment Measures be constructed and
maintained on the Property;
NOW, THEREFORE in consideration of the benefit received by the Developer as a
result of the City’s approval of Application No. SUB 13-0003 (Planning Commission Resolution
No. 14-017), the Developer, for itself, and with the intention of binding each successor Property
Owner as provided herein, hereby covenants and agrees as follows:
SECTION 1: CONSTRUCTION OF STORMWATER TREATMENT MEASURES
The Stormwater Treatment Measures shall be constructed or caused to be constructed by
the Propert y Owner(s) in strict accordance with the approved plans and specifications applicable
for the development and any other requirements thereto which have been approved by the City in
conformance with appropriate City ordinances, guidelines, criteria and other written direction.
Prior to the development of any impervious surface on any individual lot, the Stormwater
Treatment Measures described in Exhibit B for that lot must be constructed. The construction of
such Stormwater Treatment Measures is a condition of development and, as such, this
Agreement must be recorded before the City will issue any building or grading permit for any
development on any individual lot.
SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY
Property Owner(s) shall operate and maintain the Stormwater Treatment Measures as set
forth in this Agreement. This Agreement shall serve as the signed statement by the Property
Owner accepting responsibility for operation and maintenance of the Stormwater Treatment
Measures as set forth in this Agreement until the responsibility is legally transferred to another
entity. The obligations described herein are binding on all heirs, successors, and assigns of the
Property Owner, in accordance with Section 14.
SECTION 3: MAINTENANCE OF STORMWATER TREATMENT MEASURES
No Propert y Owner shall modify or remove from the Property the Stormwater Treatment
Measures and each shall, at its sole expense, adequately maintain the Stormwater Treatment
Measures in good working order, in a condition acceptable to the City, and in accordance with
the Maintenance Plan submitted by the Developer and approved by the Director of Public Works
or his or her designee, attached hereto as Exhibit C (“Maintenance Plan”), and incorporated
herein by this reference. Adequate maintenance is herein defined as maintaining the Stormwater
Treatment Measures in good working condition so that they continue to operate as originally
designed and approved. The Maintenance Plan shall include a detailed description of and
schedule for long-term maintenance activities.
SECTION 4: SEDIMENT MANAGEMENT
Sediment accumulation resulting from the Stormwater Treatment Measures shall be
managed by the Property Owner(s) in accordance with the Maintenance Plan. The Property
Owner(s) shall provide for the removal and disposal of accumulated sediments. Disposal of
accumulated sediments shall not occur on the Property unless provided for in the Maintenance
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Plan. Any disposal or removal of accumulated sediments or debris shall be in compliance with
all federal, state and local laws and regulations.
SECTION 5: ANNUAL INSPECTION AND REPORT
A. The Property Owner(s) shall conduct inspections of the stormwater treatment
measures according to the schedule set forth in the Maintenance Plan, attached hereto as Exhibit
C. This schedule may be adjusted by the City and the Propert y Owner(s) by executing and
recording a written amendment to the Maintenance Plan, provided that, a minimum of one (1)
annual inspection of the Stormwater Treatment Measures is required before each wet season, i.e.,
between August 1st and October 1st
each year or in a different two month period designated by
the City if it reasonably determines that changed climate conditions warrant a change in the
inspection period. The results of inspections shall be recorded on the Inspection and Maintenance
Checklists forms included in the Treatment Measure Operation and Maintenance Inspection
Report (“Form of Annual Report”) form attached as Exhibit D and incorporated herein by this
reference.
B. The Propert y Owner(s) shall, on an annual basis, complete the Form of Annual
Report. The annual report shall include all completed Inspection and Maintenance Checklists for
the reporting period and shall be submitted to the City in order to verify that inspection and
maintenance of the Stormwater Treatment Measures have been conducted pursuant to this
Agreement. The annual report shall also include a record of the volume of all accumulated
sediment removed from the Stormwater Treatment Measures during the reporting period and
since the Stormwater Treatment Measures were installed. The Annual Report shall be submitted
no later than December 31 of each year, under penalty of perjury, to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
Attn: Stormwater Reporting
or another address as directed by the City.
SECTION 6: NECESSARY CHANGES AND MODIFICATIONS
To ensure that the Stormwater Treatment Measures are properly maintained and
inspected and continue to operate as originall y designed and approved, the Property Owner(s), at
its (or their) sole expense, shall make changes or modifications to the Stormwater Treatment
Measures, the Maintenance Plan, or Form of Annual Report as directed by the City when the
City determines that such changes are reasonably necessar y.
SECTION 7: ACCESS TO THE PROPERTY
The Developer hereby grants to the City, the San Francisco Bay Regional Water Quality
Control Board (Regional Board), the Santa Clara County Department of Environmental Health
Vector Control District, and their authorized agents and employees, an easement in gross and a
license to do all of the following activities on the Property: (1) enter upon the Property at
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reasonable times, in a reasonable manner, following reasonable notice, to inspect, assess or
observe the Stormwater Treatment Measures in order to ensure that the Stormwater Treatment
Measures are being properl y maintained and are continuing to perform in a manner adequate to
protect water quality and the public health and safety; (2) to enter upon the Property without
notice when any of the above-listed agencies has a reasonable basis to believe that a violation of
this Agreement or the NPDES Permit, as it may be amended or re-issued from time to time, is
occurring, has occurred or threatens to occur; and (3) to enter the Property when necessary to
abate a public nuisance or correct a violation of this Agreement or the NPDES Permit.
SECTION 8: COMPLIANCE WITH OBLIGATIONS THROUGH PARTICIPATION IN
ASSESSMENT DISTRICT
Property Owner(s) may comply with any requirement in this Agreement to operate,
maintain, manage, inspect, or report on the condition or performance of Stormwater Treatment
Measures if the Property Owner participates as a member in good standing in an assessment
district formed by the City for purposes of Performing these activities.
SECTION 9: FAILURE TO CONSTRUCT, MAINTAIN OR INSPECT STORMWATER
TREATMENT MEASURES
A. In the event the Property Owner(s) fail(s) to construct the Stormwater Treatment
Measures in accordance with this Agreement or to maintain the Stormwater Treatment Measures
in good working order acceptable to the City and in accordance with this Agreement, or to
inspect and report on the operation of the Stormwater Treatment Measures in accordance with
this Agreement, the City, and its authorized agents and employees, with reasonable notice, may
enter the Property and take whatever steps the City deems necessary and appropriate to install
the Stormwater Treatment Measures or return them to good working order. Prior notice is not
required if emergency conditions require immediate remedial action. This provision shall not be
construed to allow the City to erect any structure of a permanent nature on the Property that is
not part of the Stormwater Treatment Measures. It is expressly understood and agreed that the
City is under no obligation to install, maintain or repair the Stormwater Treatment Measures and
in no event shall this Agreement be construed to impose any such obligation on the City.
B. Failure to construct, maintain, or inspect the Stormwater Treatment Measures
shall constitute a violation of the City’s Municipal Code. The City may order Property Owner(s)
to take all necessary steps to properly construct, maintain, and inspect treatment measure(s),
including but not limited to, imposing fines of up to One Thousand Dollars ($1,000.00) per day
for any period in which Property Owner(s) fail(s) to construct, maintain and/or inspect required
treatment measure(s). The City may also require the Property Owner(s) to provide a performance
bond, security or other appropriate financial assurance to provide for the maintenance or
inspection of the Stormwater Treatment Measures in accordance with this Agreement and utilize
any and all other available enforcement remedies and penalties authorized by the City’s
Municipal Code. Such fines and penalties are necessary for the preservation of regional water
quality and to ensure the health, safety and welfare of the citizens of the City and surrounding.
The actions described in this section are in addition to, and not in lieu of, any and all legal
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remedies as provided by law and available to the City as a result of the Propert y Owner’s or
Owners’ failure(s) to maintain the Stormwater Treatment Measures.
SECTION 10: REIMBURSEMENT OF CITY EXPENDITURES
If the City performs work of any nature or sort to construct, maintain, or inspect the
Stormwater Treatment Measures, including any re-inspections or an y actions it deems necessar y
or appropriate to return the Stormwater Treatment measures to good working order, and expends
funds for the performance of that work for materials, equipment and labor, including costs of
administration, Developer, for itself, and with the intention of binding each successor Propert y
Owner as provided herein, hereby covenants and agrees that, upon written notice by the Cit y,
Property Owner(s) shall reimburse the City for all such costs within thirty (30) days of receipt of
the notice. If payment is not made within thirty days, the City may assess the Property Owner(s)
the cost of the work and any applicable penalties. At the City’s discretion, a lien may be placed
on the Property or an assessment may be placed on the property tax bill and collected as ordinary
taxes by the Cit y. The actions described in this section are in addition to, and not in lieu of, any
and all legal remedies as provided by law and available to the City as a result of the Property
Owner’s or Owners’ failure(s) to construct, maintain, or inspect the Stormwater Treatment
Measures or reimburse the City.
SECTION 11: INDEMNIFICATION
As to events arising from during the time it was a record owner of all or any portion of
the Property, each Property Owner responsible for all or any of the acts and/or omissions
provided for herein (each, an “Indemnifying Propert y Owner”), shall indemnify, hold harmless
and defend the City and its authorized agents, officers, officials and employees from and against
any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences,
claims and payments, including attorney fees claimed or which might arise or be asserted against
the City that are alleged or proven to result or arise from the construction, presence, existence
maintenance, or inspection of the Stormwater Treatment Measures by the Indemnifying Property
Owner(s) or the City. In the event a claim is asserted against the City, its authorized agents,
officers, officials or employees, the City shall promptly notify each Propert y Owner. Each
Indemnifying Property Owner, jointl y and severall y with each other Indemnifying Property
Owner, shall defend at its own expense an y suit based on such claim, provided that the City shall
control the choice of counsel and defense of any such claim, action or proceeding as against the
City and nothing herein shall prevent the City from participating in the defense. To the extent
that the City is required or chooses to use any of its own resources to respond to a claim, action
or proceeding, the Indemnifying Property Owner(s) shall reimburse the City upon demand and
upon presentation of an invoice describing the work done, the time spent on such work, and the
hourl y rate for such work by the employee or agent of the City. If any judgment or claims
against the City, its authorized agents, officers, officials or employees shall be allowed, the
Indemnifying Property Owner(s) shall pay for all costs and expenses in connection herewith.
This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents,
casualties, occurrences, claims and payments, including attorney fees, that arise and are due
solely to the negligence or willful misconduct of the City.
SECTION 12: NO ADDITIONAL LIABILITY.
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It is the intent of this Agreement to insure the proper construction, maintenance, and
inspection of the Stormwater Treatment Measures by the Propert y Owner(s); provided however,
that this Agreement shall not be deemed to create any additional liability, or affect any existing
liability, of any party for damage alleged to result from or caused by storm water runoff.
SECTION 13: TRANSFER OF PROPERTY
A. This Agreement, including all easements, licenses, and other propert y interests
herein conveyed, shall run with the land and shall be binding upon all heirs, successors, and
assigns of each Property Owner including, but not limited to any administrators, co-owners,
executors, heirs, and homeowners association(s). Each Property Owner is subject to this
Agreement, but only as to the period of time during which that Propert y Owner held an
ownership interest in the Propert y. Upon the conveyance or other transfer of the Property, each
new vesting owner shall become the Propert y Owner as to Property acquired and each related
transferring Property Owner shall (a) remain responsible for all performance obligations under
this Agreement that relate to the period of time it was the record owner of the Propert y
transferred and (b) be released from all obligations under this Agreement that arise after its
ownership term concludes. Each Property Owner transferring an interest in all or any portion(s)
of the Property shall give written notice to the City of each such transfer within thirty (30) days
after the transfer and, in that notice, shall include updated notice information for each new
Property Owner as required by Section 17(C) of this Agreement.
B. If the Propert y is owned by more than one Property Owner the owner of each
parcel identified in the Stormwater Treatment Measures shall be responsible for compliance with
this Agreement as to all improvements located on that parcel. All owners shall be jointly and
severall y responsible for improvements identified as common improvements.
SECTION 14: SEVERABILITY
The provisions of this Agreement shall be severable. If any phrase, clause, section,
subsection, paragraph, subdivision, sentence or provision of this Agreement is adjudged invalid
or unconstitutional by a court of competent jurisdiction, or its applicability to any Propert y
Owner is held invalid, such judgment shall not affect or invalidate the remainder of any phrase,
clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement.
SECTION 15: RECORDATION
This Agreement shall be recorded among the deed records of the Office of Clerk –
Recorder of the County of Santa Clara, California b y the Developer at the Developer’s expense
within five (5) business days after the execution date of this Agreement. Upon agreement by the
City and the Developer, the City may record this Agreement and/or the time to record the
Agreement may be extended.
SECTION 16: RELEASE OF AGREEMENT
In the event that the City determines that the Stormwater Treatment Measures located on
the Property are no longer required, the City, at the request of the Propert y Owner(s), shall
execute a release of this Agreement, which the Propert y Owner(s), or the City by mutual
agreement, shall record in the Office of Clerk – Recorder of the County of Santa Clara at the
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Property Owner’s (or Owners’) expense. The Stormwater Treatment Measures shall not be
removed from the Property unless such a release is so executed and recorded.
SECTION 17: EFFECTIVE DATE AND MODIFICATION
This Agreement is effective upon the date of execution as stated at the beginning of this
Agreement. This Agreement shall not be modified except by written instrument executed by the
City and the Property Owner(s) at the time of modification. Such modifications shall be effective
upon the date of execution and shall be recorded in the Office of Clerk – Recorder of the County
of Santa Clara.
SECTION 18: MISCELLANEOUS
A. The interpretation, validity, and enforcement of this Agreement shall be governed
by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal
proceeding of any kind related to this Agreement shall be filed and heard in a court of competent
jurisdiction in the County of Santa Clara.
B. In the event any legal action is commenced to enforce this Agreement, the
prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
C. All notices or communication concerning a party's compliance with the terms of
this Agreement shall be in writing and may be given either personally, by certified mail, return
receipt requested, or by overnight express carrier. The notice shall be deemed to have been
given and received on the date delivered in person or the date upon which the postal authority or
overnight express carrier indicates that the mailing was delivered to the address of the receiving
party. Any Party hereto, by giving ten (10) days written notice to the other, may designate any
other address as substitution of the address to which the notice or communication shall be given.
Notices or communications shall be given to the Parties at the addresses set forth below until
specified otherwise in writing.
To C it y:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
Attn: Stormwater Reporting
with a copy to:
City of Saratoga
City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
To Developer:
Paramount Venture, LLC
7703 Village Parkway, Suite 205
Dublin, CA 94568
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SARATOGA CITY COUNCIL
MEETING DATE:June 15, 2016
DEPARTMENT:Public Works Department
PREPARED BY:Mainini Cabute, Management Analyst II
SUBJECT:Budget Adjustment Resolution – Santa Clara County Public Health
Department Grant for Water Refilling Station
RECOMMENDED ACTION:
Approve budget adjustment resolution for Fiscal Year 2015/16.
BACKGROUND:
In summer 2015, the City of Saratoga entered into an agreement with the County of Santa Clara
for a Partnerships to Improve Community Health (PICH) grant to fund efforts to prepare a
tobacco retailer licensing ordinance and for signage to inform the public of the City’s regulations
concerning smoking in City recreational areas. This agreement was amended again in September
2015 to provide an additional $10,000 in grant funding to purchase and install a water refilling
station and update the City’s administrative policies on vending machines and meeting foods and
beverages. The attached budget adjustment resolution will amend the Fiscal year 2015/16 budget
to account for the additional $10,000 in grant monies.
The water refilling station will replace the existing water fountain at Congress Springs Park with
a more modern unit that will allow users to drink from the station and also to refill bottles.
The County has been making PICH grant funds available to cities in the County to support
efforts that address chronic disease and related risk factors, including tobacco use and exposure
to secondhand smoke, poor nutrition, lack of physical activity, and limited access to chronic
disease prevention, risk reduction, and management opportunities. This grant will also be used to
fund an ordinance to increase smoke-free environments in Saratoga.
FISCAL STATEMENT:
Approval of the budget adjustment resolution will allow the City to receive and expend the
$10,000 grant to purchase and install a water refilling station that will be installed at Congress
Springs Park, a park highly used for sports and is also adjacent to Joe’s Trail which has high foot
traffic.
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ATTACHMENT:
Attachment A – Budget Adjustment Resolution
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RESOLUTION 16-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE BUDGET FOR FISCAL YEAR 2015/16 TO ACCOUNT FOR SANTA CLARA
COUNTY PUBLIC HEALTH DEPARTMENT GRANT
WHEREAS, the City of Saratoga was awarded a Santa Clara County Public Health Department
Partnerships to Improve Community Health Grant (PICH) to cover the staff costs associated with
preparing the tobacco retailer licensing ordinance in 2015; and
WHEREAS, an additional $10,000 in PICH funds has been made available to the City of
Saratoga to cover costs to purchase a water refilling unit and to pay for the installment costs; and
WHEREAS, the grant supports the efforts of the City of Saratoga to explore ways to encourage
Saratoga residents to practice healthy habits by adding a water refilling station at a location with high foot
and cyclist traffic to provide the community with fresh water as an alternative to beverages with high
sugar content; and
WHEREAS, adoption of the budget adjustment resolution will amend the Fiscal Year 2015/16
City of Saratoga Operating Budget to account for the receipt and allocation of the grant funds as follows:
Account Description Account #Amount
To budget revenue appropriation for grant from Santa Clara County Public Health Department for water
refill station.
Santa Clara County Public Health Department
Grant - Budget Increase
1118102-42814 (revenue)
1118102-68811 (expense)
$10,000
$10,000
NOW, THEREFORE, be it resolved that the City Council of the City of Saratoga hereby approves the
above adjustment to the Fiscal Year 2015/16 Budget.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 15th day of June 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: June 15, 2016
DEPARTMENT: Recreation and Facilities Department
PREPARED BY: Adam Henig, Recreation Supervisor
SUBJECT: Donation Agreement for Movie Night 2016
RECOMMENDED ACTION:
Authorize the City Manager to execute a donation agreement with Intero Real Estate Services
and accept a donation from Intero Real Estate Services in the amount of $1,500 for the June 17,
2016 Summer Movie Night at El Quito Park.
BACKGROUND:
Since 2013, the City and the Parks and Recreation Commission (PRC) has been hosting summer
movie nights at El Quito Park. The Fiscal Year 2015/16 budget includes $5,000 for the annual
movie series. This year, Intero Real Estate Services has expressed interest in supporting the event
and has agreed to donate $1,500 for the movie night on June 17, 2016. In exchange, Intero has
requested to have their business logo applied to the median banners and flyers.
Per the City of Saratoga Donation Policy, adopted via Resolution 15-017, restricted donations for
a particular use or purpose of more than $500 must be brought to the City Council for
consideration and to authorize the City Manager to execute a donation agreement. Consequently,
staff is recommending that the City Council authorize the attached donation agreement.
In past years, local businesses have donated food and beverages for these events include
coffee/hot chocolate donations by Starbucks (Quito store), snack platters by Gene’s Market,
donuts by Rose’s Donuts, and popcorn provided by Action Day Primary Plus preschool. This
year, the PRC anticipates receiving similar in-kind donations. The value of the in-kind donations
are below the $500 threshold and do not require Council authorization.
This year’s movies will feature Minions on June 17th, Star Wars: The Force Awakens on July
15th, and The Good Dinosaur on August 19th.
FISCAL STATEMENT:
If approved, the City would accept the sponsorship donation from Intero and use it to pay for the
movie night event in June. 118
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Without the donation, the City would continue to use its allocated funds form the movie night
program.
ATTACHMENTS:
Attachment A – Intero Real Estate Services Donation Agreement
Attachment B – 2016 Movie Night Flyer
Attachment C – City of Saratoga Donation Policy
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Adopted Via City Council Resolution 15-017 (April 1, 2015)
Page 1 of 8
City of Saratoga
Donation Policy
I. Purpose
Members and supporters of the Saratoga community from time to time wish to support
the community by making donations to the City of Saratoga. The City Council
appreciates this generosity and has adopted this policy regarding donations to the City of
Saratoga, including City departments and City sponsored programs, activities, and events.
(This policy is distinct from the Employee Gifts Policy, which provides City of Saratoga
employees with a clear standard about when it is acceptable and prohibited to accept gifts
from a member of the public, a business, an organization, or other entity.)
II. Definitions
1. Donation: a contribution made to the City without expectation of goods, services, or
significant benefit or recognition in return. Donations may be in the form of money or
in-kind contributions of products, services, investment securities, real property (land),
or any combination thereof. A donation may be unrestricted, where the donor has
placed no limitation on its use, or restricted, where the donor has restricted its use to a
specified purpose. Donations that, if accepted, would obligate the City to enter into a
service, procurement, or other agreement shall not be considered a donation. Grants
to the City from a local, state, or federal agency are not subject to this policy.
2. Donor: Any organization or individual who provides the City with a donation.
3. Donation Agreement: An agreement between the City and the donor that details any
restrictions on a donation as well as the respective obligations of the donor and the
City.
4. Fundraising: Any activity conducted with the intent of generating donations to the
City. Fundraising activities may include, but are not limited to, promoting endowment
programs, program adoption or pledge drives, and contacting individuals, companies,
foundations, or other entities with a request for a donation to the City.
III. General Provisions
1. The City welcomes unrestricted donations as well as restricted donations that enhance
City services, reduce costs that the City would incur in the absence of the donation, or
that otherwise provide a benefit to the City. The City may decline any donation
without comment or cause.
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Adopted Via City Council Resolution 15-017 (April 1, 2015)
Page 2 of 8
2. Donors shall not expect, nor shall the City grant, any extra consideration to the donor
in relation to City procurement, regulatory matters, or any other business, services, or
operations of the City. To avoid the possible appearance of extra considerations,
members of the Planning and Heritage Preservation Commissions and staff of the
Community Development Department are not authorized to solicit donations to the
City.
3. No City Council member, Commissioner, employee, or volunteer shall solicit
donations in excess of $500 in money or in-kind services for any City project,
program, activity, or event (“supported activity”) unless the City Council has
approved a fundraising plan for the supported activity. A recommended form for a
fundraising plan is attached as Exhibit A to be revised as appropriate for the
fundraising goal and type of supported activity in question.
4. Donations must be directly related to providing goods or services to the public or for
another valid public purpose. Donations may not be used for personal financial gain
of any City elected or appointed official or employee.
5. The net benefit of a donation should be considered when determining whether to
accept a donation. Net benefit includes all lifecycle costs of ownership, including
maintenance, repair, clean-up, administrative, and any potential liability or expenses
that may be associated with the donation.
a. Donations may not be used to implement new on-going programs or services
unless a permanent source of revenue is identified to support the program or
service.
b. Potential costs and liabilities should be considered if a donation of personal
property or of a service does not include the same indemnification, insurance,
bonding, or warranties that the City would normally receive through procurement
of personal property or services.
c. Real property may be donated to the City provided that it will not expose the City
to an unreasonable risk of litigation or liability, because of the physical condition
of the property or existence of claims, liens, and encumbrances against the
property.
6. Council members and other City officials are responsible for reporting fundraising
activities and donations as required by applicable laws and regulations.
IV. Procedures
1. Unrestricted donations of $5,000 or less may be accepted or declined by the City
Manager. Restricted donations of $500 or less may be accepted or declined by the
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Page 3 of 8
City Manager. Unrestricted donations of more than $5,000 and restricted donations of
more than $500 must be brought to the City Council for consideration.
2. The City Manager may choose to request City Council consideration of any donation,
regardless of value.
3. The City Council shall consider proposed donations beyond the authority of the City
Manager set forth above and proposed donations referred to it by the City Manager.
The City Council may accept or decline any donation at its sole discretion.
4. All donations will receive appropriate recognition as determined by the City Manager
or City Council at the time the donation is accepted, taking into consideration the
nature and level of the donation. Upon request of the donor or if specified in a City-
initiated request for donors, limited forms of promotional activity (such as logo or
name placement on signs, flyers, and other materials related to a program or activity
supported by the donation) are permitted. The appearance of traditional commercial
advertising should be avoided and the size of donor recognition should be in keeping
with the size of non-recognition information used in the materials. The agreed upon
form of recognition should be identified in the donor receipt or a donation agreement.
Any naming of City parks, property, or facilities shall follow the guidelines set forth
in the City’s Policy Pertaining to Naming City-Owned Land and Facilities.
5. When donations with a value in excess of $100 are accepted or upon the request of
the donor, the City will issue the donor a receipt indicating the amount of the
donation or describing the goods or services donated within 30 days of receiving the
donation. (In accordance with the Internal Revenue Code the City does not provide
an estimated value of in-kind donations; donors may refer to IRS Publication 561 for
more information on valuing donated property.) The donation receipt shall also
include the date of the donation, the name of the donor, the purpose of the donation
(if a restricted donation), a brief description of any public recognition that will be
made by the City, and note that the donor received no goods or services in exchange.
The original receipt shall be submitted to the donor and the City shall retain a copy.
A sample donation receipt is attached as Exhibit B.
6. Before acceptance of a restricted donation valued at more than $500 or an
unrestricted donation valued at more than $5,000, the respective obligations of the
donor and the City shall be set forth in a donation agreement. A sample donation
agreement is attached as Exhibit C. The City Manager or City Council may require
donation agreements for donations valued at any amount.
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Page 4 of 8
7. The City shall maintain records for the receipt of all donations and shall comply with
all reporting requirements and regulations including, but not limited to, FPPC
Regulation 18944.2 Gifts to an Agency. For donations that were made at the behest
of a City Council member that person shall determine whether a Form 803 (Behested
Payments Report) is required pursuant to the Political Reform Act.
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Page 5 of 8
EXHIBIT A – FUNDRAISING PLAN FORM
City of Saratoga Fundraising Plan
Fundraising Plan Title & Purpose: Please provide a title and description for your fundraising
project.
Fundraising Participants: Please list the names for all groups and individuals that will be
conducting fundraising.
Donation Type/Amount: Please describe the types and amount of donations that will be
sought.
Anticipated Donors: Please describe who will be approached for donations.
Donor Recognition Plan: Please describe how donors will be recognized.
Fundraising Timeline:
Council Review of Fundraising Plan:
Fundraising Start:
Fundraising Completion:
Council Review of Donations:
Donor Recognition Complete:
Restrictions/Reporting: Please identify any restrictions or reporting requirements
associated with this fundraising plan.
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Page 6 of 8
EXHIBIT B – SAMPLE DONATION RECEIPT
City of Saratoga Donation Receipt
This is to confirm that on __________________ [insert date] the City of Saratoga received from
__________________________________________________ [insert donor name and address]:
a monetary contribution of $_________________
a non‐monetary contribution consisting of [describe goods, services, property,
securities, etc.]:
No goods or services were provided by the City of Saratoga in return for the contribution.
The City sincerely appreciates your donation.
_______________________
Mary Furey
Administrative Services Director
City of Saratoga
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EXHIBIT C – SAMPLE DONATION AGREEMENT
City of Saratoga
Standard Donation Agreement
The undersigned Donor wishes to make a donation to the City of Saratoga as described in more
detail below.
Donor is (check and complete all that apply):
donating $_________________________ in a lump sum
donating $_________________________ in __________________ (monthly, quarterly,
etc.) payments of $_________________________ in __________________ installments.
donating the following (describe products, services, investment securities, real property,
etc.):
If this box is checked the City’s acceptance of the donation described above is subject to the
conditions specified on Attachment 1.
If this box is checked this donation is restricted to the following uses:
City will publicly recognize donor by (describe recognition):
If this box is checked this donation is being made at the behest of Council
Member/Commissioner/City Staff Member __________________________.
In connection with administering this agreement, Donor and City shall work through the
following primary representatives:
City of Saratoga Donor
Primary Representative:
Address:
Telephone:
Fax:
Cell Phone:
E-mail:
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In addition to the foregoing, Donor and City understand and agree that:
1. The City will provide Donor with a donation receipt indicating the amount of the
donation or estimated value of goods or services donated within 30 days of receiving the
donation.
2. Donor’s contribution to the City will be recognized publicly as described above.
3. Except as provided above, the City may use the donation in any manner at its sole
discretion and Donor has no right or obligation to control City’s use of the donation.
4. Donor has not and will not receive any goods or services in exchange for the donation
and the City will not grant any extra consideration to the donor in relation to City
procurement, regulatory matters, or any other business, services, or operations of the
City.
5. Donor confirms that unless indicated otherwise above this donation is not made at the
behest of a City Council Member or of any member of the Planning or Heritage
Preservation Commissions or staff of the Community Development Department.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Donor City of Saratoga
James Lindsay, City Manager
Name Title
Date: Date:
ATTEST:
Crystal Bothelio, City Clerk
Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
663906.5
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SARATOGA CITY COUNCIL
MEETING DATE:June 15, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Resolution Ordering Abatement of a Public Nuisance by Removal of
Hazardous Vegetation (Brush)
RECOMMENDED ACTION:
1.Open public hearing, listen to public testimony, and close public hearing; and
2.Adopt resolution overruling objections and ordering hazardous vegetation abatement
(brush).
BACKGROUND:
As part of the Santa Clara County Fire Department’s fire prevention efforts, the County Fire
Department manages and implements a hazardous brush abatement program for hillside areas
within its jurisdictional boundaries. Between January and February, all property owners in the
Wildland-Urban Interface Area are reminded that they must remove brush and vegetation from
around their home to create defensible space.
Following inspections, owners of properties not in compliance with Wildland Safety Regulations
are then mailed a noticed that informs them of the June 15, 2016 City Council Public Hearing.
During the hearing, property owners may raise objections to the list of non-compliant properties
(Attachment B). Following the hearing, properties owners will be noticed by mail by the Santa
Clara County Fire Department if their properties are not in compliance with brush abatement
requirements. If compliance is still not achieved by the end of June, a contractor will perform the
necessary work. The cost associated with the abatement work is then placed on the property tax
bill for that parcel.
To proceed with the annual brush abatement process, the attached resolution overruling
objections and ordering hazardous vegetation abatement must be adopted. If the resolution is not
adopted, the Fire Department will be unable to have abatement work performed by a contractor
on properties that are not in compliance with vegetation clearance requirements in the Uniform
Fire Code.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
131
A notice of the public hearing was published in the Saratoga News on June 3, 2016.
ATTACHMENTS:
Attachment A – Resolution
Attachment B – 2016 Brush Abatement Program Commencement Report
Attachment C – Sample Letters from the Santa Clara County Fire Department to Property
Owners
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1RESOLUTION NO. 16-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF
HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE
WHEREAS, hazardous vegetation (brush) is declared a nuisance and will be abated by the
Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from
which the hazardous vegetation is removed if the owners fail to do so; and
WHEREAS, the Santa Clara County Fire Marshall has given notice to all property owners found
to be in non-compliance with brush abatement standards; and
WHEREAS, pursuant to said resolution and notice, the Saratoga City Council conducted a public
hearing on June 15, 2016 at which time all property owners may present objections to the proposed
destruction or removal of hazardous vegetation on their properties; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga declares
hazardous vegetation (brush) as a nuisance to be abated by the Office of the Agricultural Commissioner
and the cost of removal to be recovered through a lien upon private properties from which hazardous
vegetation is removed if owners of said properties fail to do so, and a public hearing on June 15, 2016
was held to hear objections to the proposed destruction or removal of hazardous vegetation (brush) and
give due consideration to any objections raised during the public hearing.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga does hereby order the
abatement of hazardous vegetation (brush) by the Office of the Agricultural Commissioner and the cost
thereof made a lien upon the private properties from which hazardous vegetation (brush) is removed if the
owners thereof fail to do so.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 15th day of June 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:June 15, 2016
DEPARTMENT:City Attorney
PREPARED BY:Richard Taylor, City Attorney
SUBJECT:Annual Code Update for 2016
RECOMMENDED ACTION:
Conduct the public hearing, introduce and waive the first reading of the attached ordinance
updating various provisions of the City Code, and direct staff to place the matter on the consent
calendar for the next regular meeting of the City Council.
BACKGROUND:
Each year the City adopts a number of cleanup amendments to the City Code to clarify
ambiguities, comply with state laws, and conform to new best practices that have changed since
the Code was adopted. At the City Council retreat on February 8, 2016 and at the April 20, 2016
City Council meeting, staff identified several judicial decisions, changes in state law, and lessons
learned in the course of code administration that could be addressed by code changes. When
sections of the code are updated those amendments also include changes to make language
gender neutral. The changes in the attached ordinance are:
1.City Council Procedures
This set of updates clarifies that Council members need not have attended a meeting in order to
vote on the minutes of that meeting; adds gender neutral wording where needed; and
incorporates the state law requiring a majority vote of all the members of the Council for Council
action on ordinances, resolutions, and orders for payment of money and clarifies that this
includes statements of policy, actions on appeals, recommendations to other local, state or federal
policymakers, and approval of contracts.
2.General Commission Procedures
This part (together with parts 3 and 11) updates Commission procedures to require affirmative
votes from a majority of all the members of the Commission for Commission action as is
required for Council actions (instead of a majority of a quorum as required by current
Commission procedures); makes the above-described City Council rule regarding voting on 141
minutes applicable to the Commissions; and reconciles inconsistencies between operating
procedures for the Planning and Historic Preservation Commissions.
3.Planning Commission Rules of Procedure
See description of part 2.
4.Solicitor Business Licenses
This updates business license requirements to clarify the existing business license exemption for
non-profits and to make clear that any company offering soliciting services must have a business
license under which its employees or independent contractors must operate and that they must
carry with them evidence of the company’s business license.
5.License Fee for Distributing Handbills
This section has been deleted as the City does not collect the fee and collection could be viewed
as interfering with freedom of speech.
6.Regulation of Solicitors
This part updates the part of the code governing solicitors to confirm its application to
solicitation companies as well as employees; establish clear and objective registration
requirements for charitable solicitors; require solicitors to leave private property when asked to
do so; adjust permitted hours for solicitors based on judicial decisions; and confirm the City
Manager’s authority to revoke a solicitor’s permit or registration if the City learns of fraud or
violations of the City Code.
7.Massage Establishments
This amends the code to correct a reference to the City Clerk that should be a reference to the
City Manager.
8.Saratoga Disaster Council and Emergency Operations
This part amends the code to change the composition of the Disaster Council to include
emergency operations professionals; streamline operations of the Disaster Council; include
provisions required by state law regarding registration of disaster service worker volunteers; and
provide clarity on operations in disaster situations.
9.Parking at Public Electric Vehicle Charging Stations
This new section of the City Code would prohibit parking at a public electric vehicle charging
station unless connected to the charging system. The ordinance would allow the City Council to
designate certain stations as allowing parking without connection for up to 15 minutes. If this
ordinance is introduced, staff plans to bring forward a resolution to allow such parking at the
charging station in the Village next to Big Basin Way (aka Turkey Track Lane).
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10.Sports User Group Agreements
This amends the code to streamline the process for approval of sports user group agreements so
that they do not require Council approval.
11.Historic Preservation Commission Procedures
See discussion of item 2.
12.Ground Movement Regulations
This updates the ordinance approved last year to require recordation of the applicant’s indemnity
agreement and correct cross-references.
13.Streamlined Permitting for Small Residential Rooftop Solar Systems
This amends the City Code to comply with state law requiring streamlined permitting for rooftop
solar energy systems. Applicants would be authorized to submit all plans electronically and
would be given a single comprehensive inspection at the conclusion of the project.
14.Streamlined Permitting for Electric Vehicle Charging Systems
This amends the City Code to comply with state law requiring streamlined permitting for electric
vehicle charging systems. Applicants would be authorized to submit all plans electronically and
would be given a single comprehensive inspection at the conclusion of the project.
ALTERNATIVE ACTION:
The City Council may suggest revisions to the ordinance text.
FOLLOW UP ACTION:
If introduced by the City Council, staff will place this ordinance on the consent calendar for
adoption at the next regular meeting of the City Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of the public hearing was published in the Saratoga News on [date].
ATTACHMENT:
Attachment – 2016 Annual Code Update Ordinance
791717.1
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ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE ARTICLES 2-10 (CITY COUNCIL PROCEDURES); 2-12(COMMISSION
PROCEDURES); 2-15(PLANNING COMMISSION PROCEDURES); 4-05, 4-06 AND 4-
50 (SOLICITATION); 4-55 (CONCERNING MASSAGE ESTABLISHMENTS); 6-05
(CIVIL DEFENSE AND DISASTER); 9-15 (PARKING AT PUBLIC ELECTRIC
VEHICLE CHARGING STATIONS); 11-10 (SPORTS USER AGREEMENTS); 13-10
(HISTORIC PRESERVATION COMMISSION PROCEDURES); 16-65(STRUCTURES
IN AREAS WITH POTENTIAL GROUND MOVEMENT); AND 16-75 (ADDING
STREAMLINED APPROVAL OF SMALL SCALE ROOFTOP SOLAR PERMITS AND
ELECTRIC VEHICLE CHARGING STATIONS).
The City Council of the City of Saratoga finds that:
1. The City Code of the City of Saratoga requires periodic updates to reflects changes in law,
provide clarification to the community, and provide for improved customer service and
administration of City business. This ordinance creates additional smoke-free environments by
establishing regulations for common areas of multifamily housing complexes, new apartment
complexes, outdoor events attended by children, entryways, outdoor dining areas, service areas,
and outdoor worksites.
2. The City Council of the City of Saratoga held a duly noticed public hearing on July 6, 2016, and
after considering all testimony and written materials provided in connection with that hearing
introduced this ordinance and waived the reading thereof.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Attachment A. Text to be added is
indicated in bold double underlined font (e.g., underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeout). In provisions that are being amended text in standard font is readopted
by this Ordinance. Where the text indicates that a new section is being added to the City Code, the new
section is shown in plain text.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause
and phrase of this ordinance is severable and independent of every other section, sub -section,
paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
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Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant e ffect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance the amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would have
a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga
within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of the
City Council of the City of Saratoga held on the 15th day of June 2016 and was adopted by the following
vote on July 6, 2016 .
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
E. Manny Cappello
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
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2016 Annual Code Update - Page 1
Attachment A - 2016 Saratoga Municipal Code Update
The sections of the Saratoga Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double-underlined text (example) and
text to be deleted in shown in strikethrough (example). Text in italics is explanatory and
is not an amendment to the Code.
Where the text indicates that a new section is being added to the City Code, the new
section is shown in plain text.
1. City Council Procedures
2-10.040 - Roll call.
Before proceeding with the business of the City Council, the City Clerk or his or her
deputy shall call the roll of the members. The names of those physically present shall be entered
in the minutes.
2-10.060 - Minutes of meetings.
(a) Any member of the City Council may, either during the course of a meeting or at
any time prior to approval of the minutes for such meeting, request that the minutes contain a
verbatim transcript of such portion of the meeting as specified by the Councilmember making the
request.
(b) At least two days prior to each regular meeting of the City Council, the City Clerk
shall furnish each member of the City Council a copy of the minutes of the preceding regular or
special meeting. Unless a reading of the minutes of the Council meeting is requested in open
meeting by a member of the Council, such minutes may be approved without reading if the City
Clerk has previously furnished each member with a copy thereof. Notwithstanding the provisions
contained herein, a reading of the minutes may always be waived by a duly carried motion to
waive the reading thereof.
(c) A Council member’s absence from the meeting for which minutes are being
approved does not prevent the member from participating in their correction or approval.
2-10.070 - Voting.
A vote by roll call shall not be required in the City Council unless a Council member
specifically requests a roll call after a motion is made, and before the presiding officer calls the
vote. Unless a member of the City Council audibly states he or she is not voting, his or her
silence shall be, and shall be recorded as, an affirmative vote.
2-10.080 - Presiding officers.
(a) The presiding officer of the City Council shall be the Mayor, or in his or her absence, the
Mayor pro tempore. He or she shall take the chair precisely at the hour appointed for the
meeting and shall immediately call the City Council to order. In the absence of the Mayor
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2016 Annual Code Update - Page 2
or Mayor pro tempore, the City Clerk shall call the City Council to order, whereupon, a
temporary presiding officer shall be elected by the Council members present. Upon the
arrival of the Mayor or Mayor pro tempore, the temporary presiding officer shall
immediately relinquish the chair upon the conclusion of the particular business
immediately before the Council at that time. Wherein this Article the term mayor is used, it
shall apply equally to the presiding officer as defined in this Section.
(b) The presiding officer of the City Council shall have a vote, but no veto power, and may
move, second and debate from the chair. He or she shall not be deprived of any of the
rights and privileges of a Council member by reason of acting as presiding officer. He or
she shall preserve strict order and decorum at all regular and special meetings of the City
Council. He or she shall state or call upon the City Clerk to state every question before the
City Council, call for the vote and announce the decision of the Council on all subjects. He
or she shall decide all questions of order, subject however to an appeal to the Council by
any Council member, in which event a majority vote of the Council shall govern and
conclusively determine such question of order. He or she shall have and exercise such
other powers and duties as are contained elsewhere in this Article and as authorized by law.
The presiding officer shall have power and authority in his or her discretion and without a
vote of the City Council, to do the following:
[Subsections (1)-(7) of 2-10.080(b) omitted - no proposed changes.]
2-10.090 - Preparation of ordinances.
All ordinances considered by the City Council shall be prepared by or under the direction
of the City Attorney. No ordinance shall be prepared for presentation to the City Council unless
directed by a majority of the City Council or requested by the City Manager or prepared by the
City Attorney on his or her own initiative.
2-10.100 - Approval by City Attorney and City Manager of ordinances, resolutions and contracts
presented to City Council.
Before presentation to the City Council, all ordinances, written resolutions and contract
documents shall have been approved as to form by the City Attorney or his or her authorized
representative. Where there are substantive matters of administration involved, such ordinances,
resolutions or contracts shall have been examined for administration by the City Manager, who
shall indicate his or her approval or disapproval from an administrative standpoint at the time of
presentation to the City Council.
2-10.110 - Procedure on ordinances, resolutions and other matters requiring action by City
Council.
In consideration of matters requiring action by the City Council, the following procedure shall
be observed:
[Subsections (a)-(f) of section 2-10.110 omitted - no proposed changes .]
(g) Resolutions, statements of policy, actions on appeals, recommendations to other local,
state or federal policymakers, contracts, orders for the payment of money, and all
ordinances require a recorded majority vote of the total membership of the City
Council.
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2016 Annual Code Update - Page 3
(gh) Recording motions in minutes. All motions shall be entered in the minutes, including
motions failing for lack of a second, with the name of the Council member making the
motion and, if a vote is taken thereon, the names of the Council members voting in favor of
and in opposition to the motion.
2-10.190 - Subpoena authority.
[Subsections (a)-(d) of 2-10.190) omitted - no proposed changes.]
(e) The judge shall issue an attachment directed to the Santa Clara County Sheriff commanding
him or her to attach the person, and forthwith bring him or her before the judge.
(f) On return of the attachment and production of the witness, the judge has jurisdiction.
(g) The right of a witness to purge himself or herself of the contempt and the proceedings,
penalties and punishment shall be the same as if the contempt had been committed in a civil
trial in a Superior Court.
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2. General Commission Procedures
2-12.030 - Term.
(a) Each Commissioner shall serve a term of four years unless an alternate term is specified by the
resolution or ordinance establishing the Commission.
(b) No Commissioner shall serve more than two full consecutive terms on a single Commission. A
partial term served as a result of an appointment to fill an unexpired term is not considered a full
term. A Commissioner who has served two full consecutive terms on a Commission may not be
reappointed to that Commission for at least one year following the expiration of his or her term.
The limitations set forth in this subsection (b) shall not apply to the Youth Commission.
(c) For each Commission, the terms of the Commissioners shall be staggered such that each year
the four year terms of approximately an equal number of the Commissioners shall expire.
Where a Commission has seven Commissioners, the terms of two Commissioners shall expire
each year except that in the year after the first six Commission terms have expired, only one
term shall expire. The limitations set forth in this subsection (c) shall not apply to the Youth
Commission.
(d) Notwithstanding subsection (a) of this Section, Section 2-15.020 regarding Planning
Commissioner terms, and Section 13-10.020 regarding Historic Preservation Commissioner
terms, where the terms of Commissioners on a Commission do not comply with subsection (c)
of this Section, a Commissioner may be appointed to a term of greater or less than four years for
the purpose of making the terms of the Commissioners on the Commission comply with
subsection (c). No term shall be reduced after a Commissioner is appointed to serve the term,
except as otherwise provided by this Code. For purposes of subsection (b) of this Section, a
term of less than four years established pursuant to this paragraph is not a full term and a term
that is more than four years at the time of appointment pursuant to this subsection (d) is a single
term.
2-12.080 - Rules of procedure.
(a) The following Sections of this Chapter pertaining to meetings conducted by the City Council
shall be applicable to all meetings conducted by Commissions:
2-10.020(b)
2-10.0320 through 2-10.080
2-10.110(c), (d), (f), (g) and (gh)
2-10.120 through 2-10.170
As so applied to a Commission, all references therein to City Council or Council member
shall be deemed to mean the Commission or Commissioner to which the Section is applied. All
references therein to the Mayor shall be deemed to mean the Chair of the Commission; and all
references therein to the City Clerk shall be deemed to mean the secretary of the Commission.
(b) The failure of passage of any motion before a Commission shall be deemed a denial of the
motion; provided, however, a motion failing by reason of an evenly split vote by the
Commission at a meeting where not all Commissioners are present shall be agendized and voted
upon at the next regular meeting of the Commission at which a quorum is present.
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2016 Annual Code Update - Page 5
(c) Each Commission shall elect a Chair to serve a twelve month term. No person shall serve as
Chair of the same Commission more than one full term in any four year period.
(d) In addition to the rules made applicable to Commissions as specified in paragraph (a) of this
Section, each Commission shall have authority to adopt such other rules and procedures as it
deems appropriate for the orderly and efficient conduct of its business which are not
inconsistent with the provisions of this Code.
(e) The City Manager or his or her designee shall be the secretary of each Commission unless
otherwise specified by the ordinance or resolution establishing the Commission.
(f) This Section 2-12.080 shall not apply to the Planning Commission which shall follow the rules
of procedure set forth in Section 2-15.050 of this Code.
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3. Planning Commission Rules of Procedure
2-15.020 - Term of office.
A Planning Commissioner shall be appointed for a term of four years, unless the
appointment is to fill a vacancy created by a Commissioner who has left office prior to the
expiration of his or her term, in which event, the appointment shall be for the remaining term of
such Commissioner. Any reappointment of a Commissioner whose term of office has expired
shall be for a further term of four years.
2-15.050 - Rules of procedure.
(a) Application of other Sections. The following Sections of this Chapter pertaining to meetings
conducted by the City Council shall be applicable to all meetings conducted by the Planning
Commission:
2-10.020(b)
2-10.0320 through 2-10.080
2-10.110(c), (d), (f) (g) and (gh)
2-10.120 through 2-10.170
As so applied to the Planning Commission, all references therein to City Council or
Council member shall be deemed to mean Planning Commission or Commissioner; all
references therein to the Mayor shall be deemed to mean the Chairman of the Planning
Commission; and all references therein to the City Clerk shall be deemed to mean the Secretary
of the Planning Commission.
(b) Rejected motions and evenly split votes. The failure of passage of any motion before the
Planning Commission shall be deemed a denial of the motion; provided, however, a motion
failing by reason of an evenly split vote by the Planning Commission at a meeting where six or
less Commissioners are present shall be agendized and voted upon at the next regular meeting
of the Planning Commission at which a quorum is present, unless, within ten days after the date
on which the split vote is taken, the applicant files an appeal to the City Council, in which event,
the split vote shall be deemed a final denial by the Planning Commission of the motion. If no
appeal to the City Council is filed and the motion fails for any reason (including an evenly split
vote) at the subsequent meeting, then the same shall at that time be deemed a final denial by the
Planning Commission of the motion.
(c) Adoption of rules and procedures. In addition to the rules made applicable to the Planning
Commission as specified in Paragraph (a) of this Section, the Commission shall have authority
to adopt such other rules and procedures as it deems appropriate for the orderly and efficient
conduct of its business which are not inconsistent with the provisions of this Code.
(d) Secretary of Commission. The Planning Community Development Director shall act as
Secretary of the Planning Commission.
(e) Chairman. The Commission shall elect a Chairman to serve a twelve month term. No person
shall serve as Chairman of the Planning Commission more than one full term in any four year
period.
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4. Solicitor Business Licenses
Article 4-05 - BUSINESS LICENSES
[Section 4-05.010 omitted - no proposed changes.]
4-05.020 - Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section, unless the context or the provision clearly requires
otherwise:
(a) Business means each and every business, commercial or industrial enterprise, trade,
profession, occupation, vocation, calling or any means of livelihood, whether or not carried
on for gain or profit, either on a continuous or occasional basis. The term shall include
solicitors and peddlers hereinafter defined. The term shall include any person, whether
having a fixed place of business in the City or not, who operates a motor vehicle over the
streets of the City for the purpose of pick-up or delivery of personal property in the City, or
who uses such vehicle for any other purpose in connection with the transaction of any
business of such person, including without limitation, and by way of example, the route
delivery of bread, bakery products, milk, groceries, laundry and cleaners, and the nonroute
delivery of building materials, goods, wares or merchandise of any kind or description.
(b) Charitable Organization means any business conducted for a religious, social service,
political, patriotic, educational, benevolent or charitable purpose which has
established tax exempt status pursuant to the Internal Revenue Code or that is an
unincorporated charitable organization or association conducting activities from
which no profit is derived.
(bc) Employee means any person engaged in the operation or conduct of any business, whether
as an owner, partner, officer, agent, manager or administrator, and any and all other persons
employed or working in said business, either on a continuous or occasional basis, in either
a full-time or part-time capacity.
In determining the number of employees for the purpose of fixing the license fee due
under this Article, the employer shall take the number of employees as defined in this
subsection, employed within the City of Saratoga, earning wages during pay periods
nearest the fifteenth day of each month, as reported to the State Department of Employment
on forms which are used for reporting payments due under the Unemployment Insurance
Act, for each month of the previous calendar quarter, adding the same and dividing by
three. If the employer is a new business, he or she may estimate the average number of
employees who will be employed by him the employer during the first year of business.
(cd) Engaged in business means the conducting, operating, managing or carrying on of a
business, whether done as an owner, or by means of an officer, agent, manager, employee,
servant or otherwise. Whenever any person shall by the use of signs, circulars, cards,
telephone books or newspapers advertise, hold out or represent that he or she is in business
in the City, or whenever any person holds an active license or permit issued by a
governmental agency indicating that he or she is in business in the City, or whenever any
person makes a sale, takes an order, renders a commercial service or performs any other
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similar act within the City, then such fact shall be considered prima facie evidence that
such person is engaged in business within the City.
(de) Fixed place of business means the premises within the City where a business is
continuously conducted from day to day and regularly kept open for the purposes of such
business. The term "regular place of business" shall have the same meaning as "fixed place
of business." A fixed place of business shall include the residence of the licensee where the
business is conducted from such residence; provided, that the conduct of the business from
such residence does not violate any provision of this Code or other law.
(ef) Gross receipts means the total amount of the sale price of all sales, the total amount
charged or received for the performance of any act, service, or employment of whatever
nature it may be, whether such act, service or employment is done as a part of or in
connection with the sale of goods, wares, merchandise or not, for which a charge is made
or credit allowed, including all receipts, cash, credits, or property of any kind or nature, any
amount for which credit is allowed for the seller to the purchaser without any deduction
therefrom on account of the cost of the property sold, the cost of materials, use, labor or
service cost, interest paid or payable, losses or any other expenses whatsoever; provided,
that cash discounts allowed or taken on sales shall not be included. Gross receipts also
includes the amount of any federal, manufacturer's or importer's excise tax included in the
price of the property sold, even though the manufacturer or importer is also the retailer
thereof and whether or not the amount of such tax is stated as a separate charge. But gross
receipts shall not include the amount of any federal tax imposed on or with respect to retail
sales whether imposed upon the retailer or upon the consumer and regardless of whether or
not the federal tax is stated to the customer as a separate charge, or any California State,
City or City and County sales or use tax required by law to be included in or added to the
purchase price and collected from the consumer or the purchaser, or such part of the sales
price of any property previously sold and returned by the purchaser to the seller which is
refunded by the seller by way of cash or credit allowances, given or taken as part payment
on any property so accepted for resale.
(fg) License means the certificate issued by the City to the licensee after such person has
registered his a business in accord with this Article, and where a license fee is imposed by
this Article, after payment of such fee.
(h) License Collector means an officer or person appointed by the City Counci l by
resolution or ordinance to perform the duties of tax collector as set forth in this Code.
The Sheriff of Santa Clara County, or deputies thereof, may assist the license collector
in the performance of the duties hereinafter set forth.
(gi) Licensee means each person subject to be licensed under the terms of this Article, whether
or not such a license has actually been procured.
(h) Person includes all domestic and foreign corporations, associations, syndicated, joint stock
corporations, partnerships of every kind, clubs, California business or common law trusts,
societies, and individuals transacting and carrying on any business in the City of Saratoga,
other than as an employee of a person licensed hereunder.
(ij) Peddler means any person who goes from house to house, or from place to place, in the
City, selling and making immediate deliveries or offering for sale and immediate delivery
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to persons other than manufacturers, jobbers or retailers of such commodities, any goods,
wares, merchandise or any other thing of value in possession of such person, or who offers
services to be performed immediately, and shall include any itinerant vendor who sells
merchandise or property from any vehicle.
(hk) Person includes all domestic and foreign corporations, associations, syndicated, joint
stock corporations, partnerships of every kind, clubs, California business or common
law trusts, societies, and individuals transacting and carrying on any business in the
City of Saratoga, other than as an employee of a person licensed hereunder.
(l) Recycler means any person who is engaged in the City in the collecting, receiving,
transporting, segregating, recycling and/or disposing of recyclable materials.
(jm) Solicitor means any person who goes from house to house, or from place to place, in the
City, soliciting orders from persons other than manufacturers, wholesalers, jobbers or
retailers of such commodities, for any goods, wares, merchandise or other thing of value
for future delivery, or soliciting orders from any person for services to be performed in the
future, or making, manufacturing, or repairing any article whatsoever for future delivery, or
soliciting information for use in the compilation of any listing, dir ectory or information
designed for use in compilation or analysis of data for commercial purposes, or soliciting
contributions of money or other property or services for any charitable organization, social
service, political, benevolent or patriotic purpose, regardless of whether or not such
solicitation is by or on behalf of any nonprofit organization. The term "solicitor" shall
include a person taking subscriptions to newspapers, periodicals, magazines or other
publications or tickets of admission to entertainments or memberships in any clubs.
(k) License Collector means an officer or person appointed by the City Council by resolution
or ordinance to perform the duties of tax collector as set forth in this Code. The Sheriff of
Santa Clara County, or his deputies, may assist the license collector in the performance of
his duties, as hereinafter set forth.
(ld) Recycler means any person who is engaged in the City in the collecting, receiving,
transporting, segregating, recycling and/or disposing of recyclable materials.
[Sections 4-05.030-.075 omitted - no proposed changes.]
4-05.080 - Issuance of license.
(a) Except as otherwise provided in this Section, upon the receipt and filing of the license
application, and in those cases where a license fee is required, upon receipt of the requisite
license fee therefor, the License Collector shall prepare, sign and issue to every such person a
license certificate in such form as said Collector shall provide, which license shall state the
amount of the license fee paid therefor, the duration of the license, the name and address of the
person to whom the license is issued, the nature of the business and the address of each location
within the City where such business will be conducted.
(b) The License Collector shall have no duty to issue a license for any unlawful business or a
business to be conducted at any unlawful location. Prior to the issuance of any license to a new
business with a fixed location in the City, or to any other business for which a previous license
has expired, the License Collector shall cause an investigation to be made to determine that the
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proposed place of business is not in violation of any zoning or building regulations of the City.
Any refusal or denial by the License Collector of a business license may be appealed to the City
Council in accordance with the procedure set forth in Section 2-05.030 of this Code.
(c) In the event that, for any reason, a license is issued for any unlawful business or a business to be
conducted at any unlawful location (whether the same be unlawful because of violation of any
zoning or building regulation or for any other reason), the same shall not constitute any permit
for, nor any approval of, any such violation; nor shall such license, or the act or omission of the
City, its officers, agents or employees in issuing the same, either prevent or estop the City from
enforcing the regulation, ordinance or Code provision so violated; nor shall the City or any of its
officers, agents or employees be liable for any act or omission in issuing such a license.
(d) Where a peddler's or solicitor's license is issued and the licensed person or organization plans to
operate through one or more employees or independent contractors, a single license may be
issued to the employer-applicant,; together with business license identification cards for each of
such applicant's employees or independent contractors, and a separate business license for
each such employee or independent contractor shall not be required to be issued. Each
peddler or solicitor licensed pursuant to this Article, whether an employee or independent
contractor of the licensed business, shall be required to obtain a solicitation permit
pursuant to Article 4-50 of this Chapter prior to engaging in any soliciting activity.
[Sections 4-05.090 -.115 omitted - no proposed changes.]
4-05.120 - Display of license.
Every person having a license under the provisions of this Article for engaging in business at a
fixed place of business in the City shall keep such l icense posted for exhibition while in force in
some conspicuous place in his the place of business. Every person having such a license and not
having a fixed place of business in the City, shall carry such license with him at all times while
carrying on the business for which the same was granted. Where such business is conducted through
the operation of a motor vehicle over the streets of the City, such license or an exact copy thereof
shall be carried in each such motor vehicle by the operator thereof at all times during which such
motor vehicle is in operation in the conduct of such business within the limits of the City. Every
person having a license shall produce and exhibit the same whenever requested to do so by any
police officer or any person authorized to issue or inspect licenses or to collect license fees. Every
person licensed as a peddler or solicitor shall wear the identification card issued to him in a
prominent position on his outer clothing so it is legible to each prospective customer at all times.
[Sections 4-05.130 -.150 omitted - no proposed changes.]
4-05.160 - Exemptions from license requirement.
Except as otherwise provided in Section 4-05.170, the following persons, organizations and
activities shall be exempted from the provisions of this Article and shall not be required to obtain a
business license hereunder:
(a) Any business conducted for a religious, educational, benevolent or charitable purpose
which no profit is derived charitable organization as set forth in subsection 4-05.020(b).
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(b) The conduct of any entertainment, amusement, dance, concert, lecture, exhibition or
athletic event where the receipts, if any, are used solely for benevolent or charitable
purposes and not for private gain of any person.
(c) The conduct of any entertainment, amusement, dance, concert, lecture, exhibition or
athletic event by a nonprofit religious, educational, charitable, fraternal, amateur theatrical
group, military, state, county or municipal organization or association where the receipts, if
any, are for the purposes and objects for which the organization or association is formed,
and from which no private gain is derived, directly or indirectly, by any person.
(d) Any water, sewer, gas, electricity or telephone public utility company or district.
(e) Any person conducting business pursuant to a franchise agreement with the City which
provides for the payment to the City of a franchise fee or other consideration.
(f) Occasional and incidental deliveries of goods, wares and merchandise into the City by
persons not having a fixed place of business in the City.
(g) Any natural person engaged in any business solely as an employee of any other person
conducting, managing or carrying on such business in the City and not an owner, partner,
associate or principal in such business, where such business is otherwise licensed under this
Article, unless such person is a peddler or solicitor subject to the provisions set forth
under Section 4-05.080(d) of this Article.
(h) Every natural person of the age of eighteen years or under whose annual gross receipts
from any and all business does not exceed four thousand dollars, unless such person is also
a peddler or solicitor other than a completely self-employed peddler or solicitor.
(i) Banks, including national banking associations, to the extent provided by Article 13,
Section 27 of the State Constitution, and insurance companies and associations, to the
extent provided by Article 13, Section 28 of the State Constitution.
(j) Any person whom the City is not authorized to license for revenue or regulatory purposes
by virtue of any law or Constitution of the United States or of the State.
4-05.170 - Exemption from license fees.
A business license issued pursuant to this Article, shall be required for the following persons,
organizations and activities, but the same shall be exempted from payment of the license fee set forth
in Section 4-05.100:
(a) Any person engaged in a business or activity, otherwise exempted under subsection (a), (b)
or (c) of Section 4-05.160, who conducts such business or activity through the use of one or
more peddlers or solicitors. Such person shall furnish to the License Collector as part of his
the application for a business license, the name and address of each individual peddler or
solicitor, together with a statement of all times during which the peddling or soliciting will
be carried on and a sample of the identification to be used by each peddler or solicitor.
(b) The business of conducting a boardinghouse, lodginghouse, or apartment house containing
less than four sleeping rooms for hire, or any private boardinghouse or other place where
meals are sold having less than four boarders.
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4-05.180 - Claims for exemption.
(a) Every person engaged in business in the City is rebuttably presumed to be subject to the
licensing requirements of this Article. Except as otherwise provided in this Section, no person
shall be exempted from the licensing requirements until a determination has been made by the
License Collector of the existence of facts entitling the person to such exemption. The burden of
proof of any such claim of exemption shall be upon the applicant.
(b) No claim for exemption from this Article based upon Section 4-05.160 shall be required unless
and until a demand therefor is made by the License Collector, in which event, the person
claiming such exemption shall file a verified statement of the reasons for the exemption together
with such other information and documents as may be requested by the License Collector in
order to determine the status of the applicant. Upon a determination being made that the
applicant is entitled to an exemption, such determination shall be endorsed upon the applicant's
statement, signed by the License Collector, and filed in the City offices, with a copy thereof
being delivered to the applicant.
(c) Any person claiming to be exempt under Section 4 -05.170 from the payment of a license fee
shall make application therefor to the License Collector on such form as he or she shall
prescribe. The application shall be accompanied by such information and documents as the
License Collector may require in order to determine the status of the applicant. Upon a
determination being made that the applicant is entitled to an exemption from the payment of a
license fee, and provided the applicant is otherwise entitled to a business license, the License
Collector shall issue such license, without charge, and shall indicate on the face thereof that the
license is exempted from the license fee.
(d) In any case where a licensee or an applicant for a license believes that his individual the subject
business is not properly classified because of circumstances peculiar to it, as distinguished from
other businesses of the same kind, he the licensee or applicant may make a claim to the
License Collector for reclassification. Such application shall contain such information as the
License Collector may deem necessary and required in order to determine whether the
applicant's individual business is properly classified. The License Collector shall then conduct
an investigation, following which he or she shall assign the applicant's individual business to
the classification shown to be proper on the basis of such investigation. The proper
classification is that classification which, in the opinion of the License Collector, most nearly
fits the applicant's individual business. Any resulting reclassification shall not be retroactive. No
business shall be reclassified at the request of the licensee more than once in one year.
(e) Any decision or determination made by the License Collector under the provisions of this
Section may be appealed to the City Council in accordance with the procedure set forth in
Section 2-05.030 of this Code.
(f) Any determination by the License Collector or City Council that a person or business is exempt
from the licensing requirements of this Article, or is exempt from the payment of a license fee,
shall not be conclusive upon the City and may be reopened at any time by the License Collector
or the City Council.
[Sections 4-05.190 -.200 omitted - no proposed changes.]
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5. License Fee for Distributing Handbills
4-06.060 - Handbill distribution.
For every person engaged in handbill, circular and/or pamphlet distribution within the City the
license fee shall be twenty-five dollars per day.
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6. Regulation of Solicitors
Article 4-50 - PEDDLERS AND SOLICITORS
4-50.005 – Findings
1. The Sheriff’s Office has received numerous complaints from residents of Saratoga
concerning commercial solicitors who have been conducting business without a
solicitation permit and the City wishes to more effectively protect the health, safety
and welfare through enforcement as to businesses and individuals which fail to
comply with requirements under City Code.
2. The City of Saratoga understands that reasonable solicitation regulations must be
undertaken with due regard for the reality that charitable solicitation for funds is
characteristically intertwined with the constitutionally protected right to speak
freely and to communicate ideas.
3. The City of Saratoga has an interest in protecting public safety and welfare by
reasonably regulating charitable organizations who desire to solicit for funds within
the City’s jurisdiction in a manner whereby the City may require registration
enabling verification that the organization is an actual and genuine charitable
organization.
4-50.010 - Definitions.
As used in this Article, the term "business" shall have the same meaning as set forth in
subsection 4-05.020(a); the term “charitable organization” shall have the same meaning as set
forth in subsection 4-05.020(b); the term "engaged in business" shall have the same meaning as set
forth in subsection 4-05.020(cd); the term “person” shall have the same meaning as set forth in
subsection 4-05.020(k); the term "peddler" shall have the same meaning as set forth in subsection 4-
05.020(gj); and the term "solicitor" shall have the same meaning as set forth in subsection 4 -
05.020(hm) of this Chapter.
4-50.020 - Permit required.
No peddler or solicitor (including a business providing peddler or solicitor services and
employees and independent contractors of any such business) shall engage in business in the City
without first having obtained a permit to do so pursuant to this Article. Such persons peddler or
solicitor shall also apply for and obtain a business license pursuant to Article 4-05 of this Chapter,
and pay the license fee specified in Section 4-05.100, unless such peddler or solicitor is exempted
from the payment of such fee under Sections 4-05.160 and 4-05.170.
4-50.030 - Application for permit; fee; investigation by City Manager.
(a) Application for a permit hereunder shall be made to the City Manager on such forms as the
Manager prescribes, which shall include the following information:
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(1) Name and address of the applicant and, for applicants with employees or using
independent contractors, together with the name and address of each person who will be
engaged in peddling or soliciting in the City for or on behalf of the applicant.
(2) The location of the principal place of business, and if such principal place of business is in
the City, a statement of the zoning classification for such location.
(3) A complete description of the business, activity, program, or other purpose for which the
peddling or soliciting will be made, including a copy of all brochures, forms, contracts,
subscriptions, handouts, and other documents to be used in connection with such peddling
or soliciting.
(4) The particulars in regard to any felony or misdemeanor offense for which the applicant or
any employees or independent contractors or principal of the applicant has been
convicted.
(5) Two recent passport type photographs of each person who will be engaged in peddling or
soliciting in the City for or on behalf of applicant and, if requested by the City Manager,
one complete set of fingerprints for each such person, to be obtained at the expense of the
applicant.
(6) If the peddling or soliciting will be conducted for an organization or an activity which is
exempted from the payment of business license fees under the provisions of Sections 4 -
05.160(b)-(j) and 4-05.170 of this Chapter, the applicant shall provide documents
establishing, to the satisfaction of the City Manager, the qualification for such exemption.
(7) The places within the City, times of day and period of time during which the peddling or
soliciting will be conducted.
(8) A complete description of each automobile or other motor vehicle which the peddler or
solicitor will operate in the City in connection with the business or activity.
(9) A list of any other cities or counties within the State where the applicant has engaged in
peddling or soliciting, and if the applicant has applied for or received a permit or license
from any of such cities or counties, the name and telephone number of the official or
department to whom the application was submitted or by whom the permit or license was
issued.
(10) Such other information and documents as the City Manager may require.
(b) The application shall be accompanied by a processing fee in such amount as may be established
from time to time by resolution of the City Council; provided, however, no such fee shall be
charged if the applicant is found to be exempted from the payment of a business license f ee
under the provisions of Sections 4-05.160 and 4-05.170 of this Chapter.
(c) Upon receipt of the application and other documents and the fee (if payable) as required in
subsections (a) and (b) of this Section, the City Manager shall conduct such investigation as the
Manager deems appropriate to determine whether a permit should be issued. In connection
therewith, the City Manager shall forward a copy of the application to the following persons for
review and approval:
(1) The County Sheriff, for determination as to moral character and background of the
applicant and whether the applicant, or any person employed or acting on behalf of the
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applicant, has ever been convicted of a felony or misdemeanor offense involving theft,
dishonesty, violence, fraud, deceit, or moral turpitude.
(2) The Community Development Director, for determination as to whether the conduct of the
business or activity will be in compliance with zoning requirements and other rules,
regulations and ordinances of the City.
The foregoing persons shall indicate on the application that the proposed permit is either
approved or disapproved or approved subject to specified conditions, and shall return the
application to the City Manager.
4-50.035 – Charitable Organization Exemption and Certificate of Registration
Charitable organizations engaging in solicitation as described in the definition of solicitor
are exempt from the permit provisions of Sections 4-50.020 of this Article if registered with
the City in accordance with this section.
(a) Not later than ten (10) days prior to engaging in solicitation a charitable
organization shall file with the City Manager or designee a registration statement
with the following information filed under penalty of perjury together with a
processing fee in such amount as may be established by resolution of the City
Council:
(1) The name of the organization;
(2) The principal address and telephone number of the organization and the name
and principal business or residence address and telephone number of the
designated responsible party of the organization;
(3) Whether the organization is authorized by any other governmental authority to
solicit and whether it is or has ever been enjoined by any court from soliciting;
(4) The organization’s initial Notice of Intent to Solicit (described in subsection (d),
below);
(5) For a tax exempt charitable organization, a copy of the organization’s exemption
determination from the Internal Revenue Service for verification of tax-exempt
status;
(6) For a charitable organization subject to regulation pursuant to the Uniform
Trustees for Charitable Purposes Act, Government Code section 12580 et seq. , a
copy of the registration instrument such charitable organization has filed with
the Attorney General pursuant to the requirements set forth under the Uniform
Trustees for Charitable Purposes Act; and
(7) For a charitable organization not subject to subsections (4) or (5) above, a
statement stating the purpose for which the organization is organized, the date
the organization was organized, the name, address, and telephone number of a
California resident responsible for the organization, the purpose or purposes for
which the funds earned from the solicitation will be used, and whether any
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commission, fees, wages, or emoluments are to be expended in connection with
such solicitations and the amount thereof.
(b) Within seven (7) days of receiving a complete registration statement for a qualifying
charitable organization the City Manager or designee shall issue a certificate of
registration. The certificate of registration shall remain in effect until December 31
of the year after which it is issued unless it is either suspended or revoked as
provided in this Article. The certificate may be extended on an annual basis by a
request for extension.
(c) The organization shall furnish to all of its members, agents, or representatives
conducting solicitation credentials in writing stating the name of the organization,
purpose of the solicitation, and a copy of the certificate of registration.
(d) At any time a charitable organization is undertaking solicitation in the City there
shall be on file in the office of the City Manager or designee a Notice of Intent to
Solicit including the following information:
(1) The name of the organization and a copy of the certificate of registration issued
pursuant to subsection (b), above (this is not required for the first Notice of
Intent to solicit filed by the organization);
(2) The commencement and termination dates of the solicitation and expected
frequency of solicitation in that time period;
(3) The types of solicitation activity and how it will be conducted;
(4) Any changes to the information provided in the most recent registration
statement filed with the City pursuant to subsection (a), above; and
(5) If desired by the organization, a request to extend the organization’s certificate
of registration issued pursuant to subsection (b), above.
A notice of Intent to Solicit may be for a period of at least one day and no longer
than one year.
(e) Any organization registered pursuant to this section shall notify the City Manager
or designee within ten (10) days of any change in the information required to be
furnished by such organization or association under this section.
4-50.040 - Grounds for denial of permit.
The City Manager shall deny issuance of a permit applied for pursuant to Section 4-50.030 of
this Article based upon any of the following grounds:
(a) Disapproval of the application by the County Sheriff on any ground listed in Section 4-
50.030(c)(1) above.
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(b) A finding that the applicant has engaged in conduct within the City or elsewhere for which
a business license or permit could be revoked under the provisions of this Chapter.
(c) A determination by the Community Development Director that the conduct of the business
or activity would not be in compliance with each applicable allzoning requirements or and
other rules, regulations and/or ordinances of the City.
4-50.050 - Issuance of permit; conditions; term.
If a permit is issued pursuant to the application process set forth under Section 4-50.030 of
this Article, it shall be subject to any conditions as may be imposed by the City Manager, the
County Sheriff, or the Community Development Director. Peddler's and solicitor's permits may be
issued on a daily, weekly, monthly or annual basis.
4-50.060 - Renewal of permit.
A permit issued under Section 4-50.030 of this Article may be renewed for a period not
exceeding one year upon application to the City Manager on such forms as the Manager may
prescribe, accompanied by payment of a renewal fee in such amount as established from time to time
by resolution of the City Council, unless the applicant is exempted from the payment of such fee.
The City Manager shall renew the permit upon finding that all of the requirements of this Article
have been satisfied by the permittee and no conditions of the permit have been violated.
4-50.070 - Transferability of permit.
No permit issued under this Article shall be transferable and any attempted transfer shall
invalidate the permit.
4-50.080 - Commercial pPeddling or soliciting at night.
No commercial peddling or soliciting shall be conducted in the City before the hour of 8:00
A.M. of any day, or after the hour of 7:00 8:00 P.M. of any day; provided, however, this restriction
shall not apply to any meeting between the peddler or solicitor and a customer arranged by
appointment with the customer. As used herein, the phrase "commercial peddling or soliciting"
means any peddling or soliciting conducted for the private gain or profit of any person and which is
not exempted from the payment of a business license fee under the provisions of Sections 4-05.160
and 4-05.170 of this Chapter.
4-50.085 Peddling or Soliciting on Private Property.
No peddler or solicitor may remain on private property unless invited to remain by an owner
or adult occupant or other person in control of the premises to be thereupon for such purpose
or after any person offered peddled wares or solicited has informed the peddler or solicitor by
words or conduct that such person does not want to be offered such wares or solicited or does
not want to give money or any other thing of value to the peddler or solicitor.
4-50.090 - Compliance with "No Solicitors" signs.
No person shall peddle or solicit, or attempt to peddle or solicit, at or upon the premises of any
residential dwelling unit or business establishment where a "No Solicitors" or "No Trespassers"
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or similar sign is posted upon the premises in such manner as to be observable by persons who
may wish to enter thereon. This Section applies to any form of peddling or soliciting for any
purpose whatsoever, including, but not limited to, solicitation on behalf of any charitable,
religious, political, educational, benevolent or other non-profit organization or activity.
[Sections 4-50.100 -.120 omitted - no proposed changes.]
4-50.130 - Suspension or revocation of permit or certificate of registration.
(a) Any permit issued under Section 4-50.030 of this Article may be suspended or revoked by the
City Manager for any reason that would justify a refusal to issue the permit originally, or by
reason of any failure by the permittee and/or the licensed person or organization to comply
with all of the provisions of this Article, or any other provisions of this Code, or any condition
of such permit.
(b) Any certificate of registration issued under Section 4-50.035 of this Article may be
suspended or revoked by the City Manager whenever the City Manager has discovered
that a charitable organization is enjoined by any court from soliciting contributions or the
charitable organization is, or is about to be imminently engaged in any device, scheme, or
artifice to defraud or to obtain money or property by means of any false pretense,
representation or promise, or any false statement has been made in any application,
registration or statement to the City.
(bc) The holder of the permit shall be given prompt notice of the intention to suspend or revoke the
permit. Such notice shall fix a time and place, not less than five nor more than thirty days after
service thereof, at which the holder of the permit may appear before the City Manager and be
granted a hearing upon the merits of the suspension or revocation. If after such hearing the
permit is ordered suspended or revoked, the holder shall have the right to appeal such action to
the City Council.
[Sections 4-50.140 -.150 omitted - no proposed changes.]
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7. Massage Establishments
Section 4-55.080 - Action by City Manager on permit application; grounds for denial.
[Subsections (a -(k) of section 4-55.080 omitted - no proposed changes.]
(l) Appeal of denial of application for a permit. Upon the denial of an application for a
permit, the applicant may appeal through the following procedures:
(1) The applicant shall file a written request for an appeal hearing, which states the
specific grounds on which the decision of the City Clerk Manager to deny the permit is
contested, within ten days after service of the notice of the written decision, by deposit of
the notice, addressed to the holder of the permit, by certified mail and/or by hand delivery.
At the time of submitting the written request for an appeal hearing, the applicant shall pay
an appeal hearing fee, set forth in the City fee schedule, to help defray in part the additional
cost to the City. If the applicant does not request an appeal hearing within the ten-day
period, no further notice is required and the application will remain denied.
[Subsection (2)-(6) of section 4-55.080(l) omitted - no proposed changes.]
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8. Saratoga Disaster Council and Emergency Operations
Article 6-05 - CIVIL DEFENSE AND DISASTER
6-05.010 - Purpose of Article.
The declared purposes of tThis Article are to provides for the preparation and carrying out of
plans for the protection of persons and property within the City in the event of an emergency; the
direction of the emergency organization; and the coordination of the emergency functions of the City
with all other public agencies, corporations, organizations and affected private persons.
6-05.020 - Emergency defined.
As used in this Article, "emergency" shall mean the actual or threatened existence of conditions
of disaster or of extreme peril to the safety of persons and property within the City caused by such
conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions,
including conditions resulting from war or imminent threat of war, which conditions are or are likely
to be beyond the control of the services, personnel, equipment and facilities of the City, requiring the
combined forces of other political subdivisions to combat.
6-05.030 - Disaster Council.
(a) The City of Saratoga Disaster Council (also referenced here as the Disaster Council) has
been accredited by the State of California since 1947. The Disaster Council is hereby created
and shall consists of the following members of the City Council. The Mayor shall be chairman.
The Mayor pro tem shall be vice chairman.:
(1) The Mayor shall be chairperson;
(2) The City Manager;
(3) The Assistant Director of Emergency Services;
(4) A representative designated by the Santa Clara County Fire Department; and
(5) A representative designated by the Santa Clara County Sheriff’s Office.
(b) It shall be the duty of the Disaster Council, and it is hereby empowered, to develop and
recommend for adoption by the City Council, emergency and mutual aid plans and agreements
and such ordinances, resolutions, rules and regulations as are necessary to implement such plans
and agreements the Emergency Operation Plan referenced in section 6-05.070 and such
other duties as specified in this Article. The Disaster Council shall meet at least annually
upon call of the chairman or, in his or her absence from the City or inability to call such
meeting, upon call of the vice-chairman.
6-05.040 – Disaster Service Worker Volunteers
(a) The City of Saratoga Disaster Council shall provide for the registration of Disaster
Service Worker Volunteers within the City of Saratoga and comply with the then
applicable rules and regulations governing Disaster Service Worker Volunteers as
established by the California Emergency Council pursuant to the provisions of
California Government Code Section 8585.5 as it may be amended from time to
time.
(b) All Disaster Service Worker Volunteers shall, as a part of the registration process,
take and subscribe to an oath as required by Government Code Sections 3102 to
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(c) Disaster Service Worker Volunteer means any person registered with the Disaster
Council, or the California Emergency Management Agency, or a state agency
granted authority to register Disaster Service Worker Volunteers, for the purpose of
engaging in disaster service pursuant to the California Emergency Services Act
without pay or other consideration. Disaster Service Worker Volunteer includes
public employees, performing disaster work outside their regular employment
without pay, and also includes any unregistered person impressed into service
during a state of war emergency, a state of emergency, or a local emergency by a
person having authority to command the aid of citizens in the execution of his or her
duties. Disaster Service Worker Volunteers do not include any member registered
as an active fire-fighting member of any regularly organized volunteer fire
department, having official recognition, and full or partial support of the City or
County of Santa Clara.
6-05.0450 - Director of Emergency Services.
(a) There is hereby created the office of Director of Emergency Services. The City Manager shall
be the Director of Emergency Services. There is hereby created the office of assistant Director
of Emergency Services, who shall be appointed by the City Manager. the assistant to the City
Manager. The assistant Director shall exercise all powers vested by this Article in the Director
in the event of the absence or incapacitation of the Director.
(b) The Director of Emergency Services is hereby empowered to:
(1) Request the City Council to proclaim the existence of a "local emergency" if the City
Council is in session, or to issue such proclamation if the City Council is not in session.
Proclaim the existence of a “local emergency,” or, if time permits, request the City
Council to do so at a duly noticed meeting. Whenever a local emergency is proclaimed
by the Director, the City Council shall take action to ratify the proclamation within seven
days thereafter or the proclamation shall have no further force or effect. The City Council
shall review the need for continuing the local emergency at least once every 30 days
until the City Council terminates the local emergency. The City Council shall
proclaim the termination of the local emergency at the earliest possible date that
conditions warrant.
(2) Request the governor to proclaim a "state of emergency" when, in the opinion of the
Director, the locally available resources are inadequate to cope with the emergency.
(3) Develop emergency plans the Emergency Operations Plan with the assistance of
emergency service chiefs for consideration by the Disaster Council, develop ancillary
emergency plans as needed, and manage the emergency programs of the City.
(4) Control and direct the effort of the emergency organization of the City for the
accomplishment of the purposes of this Article.
(5) Direct cooperation between and coordination of services and staff of the emergency
organization of the City and resolve questions of authority and responsibility that may arise
between them.
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(6) Represent the City in all dealings with public or private agencies on matters pertaining to
emergencies as defined herein. Manage the emergency programs of the City with the
assistance of City staff and emergency service chiefs.
(7) Authorize City Employees to perform any of the functions listed in subsections 3
through 6.
(c) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of
a "state of emergency" by the governor or the director of the State Office of Emergency
Services, or the existence of a "state of war emergency," the Director of Emergency Services is
hereby empowered to:
(1) Make and issue rules and regulations on matters reasonably related to the protection of life
and property as affected by such emergency; provided, however, that such rules and
regulations shall be confirmed or modified at the earliest practicable time by the City
Council.
(2) Obtain vital supplies, equipment and other such properties found lacking and needed for the
protection of life and property and to bind the City for the fair value thereof and, if required
immediately, to commandeer the same for public use; provided, however, that such
actions which require expenditure of City funds shall be confirmed or modified at the
earliest practicable time by the City Council.
(3) Require emergency services of any City officer or employee and, in the event of the
proclamation of a "state of emergency" in the County or the existence of a "state of war
emergency," to command the aid of as many citizens of the City as he deems necessary in
the execution of his or her duties. Such persons shall be entitled to all privileges, benefits
and immunities as are provided by State law for registered disaster service workersDisaster
Service Worker Volunteers.
(4) Requisition necessary personnel or material of any City department or agency.
(5) Execute all his or her ordinary powers as City Manager, all of the special powers conferred
upon him or her by this Article or by resolution or the Eemergency Operation Pplan
pursuant hereto adopted by the City Council, all powers conferred upon him or her by any
statute, by an agreement approved by the City Council and by any other lawful authority.
(d) The Director of Emergency Services shall designate the order of succession to that office, to
take effect in the event the Director is unavailable to attend meetings and otherwise perform his
or her duties during an emergency. Such order of succession shall be approved by the City
Council.
(e) The assistant Director shall, under the supervision of the Director and with the assistance of
emergency service chiefs, develop emergency plans and manage the emergency programs of the
City and shall have such other powers and duties as may be assigned by the Director.
6-05.0560 - Emergency organization.
The emergency organization of the City shall consist of all officers and employees of the City,
together with those volunteer forcesDisaster Service Worker Volunteers enrolled to aid them
during an emergency, and all groups, organizations and persons who may, by agreement or operation
of law, be charged with duties incident to the protection of life and property in the City during such
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emergency, including persons impressed into service under the provisions of Subsection 6-
05.0450(c)(3) of this Article.
6-05.0670 - Emergency Operation Pplan.
The Disaster Council shall be responsible for the development of the City Eemergency
Operation Pplan, which plan shall provide for the effective mobilization of all the resources of the
City, both public and private, to meet any condition constituting a "local emergency," "state of
emergency" or "state of war emergency;" and shall provide for the organization, powers and duties,
services and staff of the emergency organization. Such plans shall be adopted by resolution of the
City Council.
6-05.0780 - Mutual aid.
It is the purpose of the City Council in enacting this Article to facilitate the rendering of mutual
aid to and for the people of the City. The Emergency Operation Pplans adopted and approved by
the City Council shall provide for the interchange of mutual aid and for coordination with the
emergency plans of the County.
6-05.0890 - Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities,
shall conclusively be deemed to be for the direct protection and benefit of the inhabitants and
property of the City.
6-05.09100 - Prohibited acts during emergency.
It shall be unlawful and shall constitute a misdemeanor for any person, during an emergency to:
(a) Willfully obstruct, hinder or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this Article, or in the
performance of any duty imposed upon him or her by virtue of this Article.
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this Article.
(c) Wear, carry or display, without authority, any means of identification specified by the
emergency agency of the State.
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9. Parking at Public Electric Vehicle Charging Stations
The following new section is added to the City Code:
9-15.085 - Designated Electric Vehicle Charging Zones.
Parking stalls and spaces with access to public electric vehicle (EV) charging stations are hereby
designated as EV charging zones. Any motor vehicle stopped, left standing, or parked in an EV
charging zone must be connected to a charging station. Notwithstanding the foregoing, the City
Council may by resolution designate EV charging zones where vehicles may be parked for up to
15 minutes without being in violation of this section.
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10. Sports User Group Agreements
11-10.010 - Sports use permit.
Certain predesignated areas of City parks may be made available for the temporary exclusive or
non-exclusive use of groups of persons for sports and games upon the issuance of a use
agreement approved by the City Council or a sports use permit by the Director in accord with the
following provisions:
(a) Each group must have one or more adults who agree in writing to be responsible
for such group during the entire period of use of the area in question.
(b) Each group shall in no event exceed in number seventy-five percent of the
capacity of such park or the area of such park, and in all events the Director shall have
the authority to limit the size of the group to a number less than such percentage of
capacity in conditioning such permit.
(c) Each permit shall specify: (1) the park(s) and area(s) of the park(s) to which the
permit applies; (2) the day(s) and hour(s) for which the permit is issued over a period not
to exceed one year; (3) whether the permit is for exclusive or non-exclusive use; and (43)
any other conditions imposed by the Director. No group use permit or series of permits
issued to the same or substantially the same group of persons shall authorize the use of
City parks more than five times in a calendar year unless approved by the City Council.
11-10.012 - Kevin Moran Park use permits.
(a) Any sports use permit issued for use of Kevin Moran Park shall contain the
following conditions:
(1) The park may be used for practice use only. No games may be played at
the park;
(2) No use shall be allowed on Sundays;
(3) All uses shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk,
whichever comes first; and
(4) No more than three teams may use the park at any one time.
(b) No more than two user groups may have sports use permits at Kevin Moran Park
at any one time.
(c) Kevin Moran Park may be used by user groups on no more than six Saturdays per
year according to a schedule set by the Director.
(d) All sports use permits at Kevin Moran Park shall conform to a form agreement
approved by resolution of the City Council.
11-10.015 - Group use permit.
Certain predesignated areas of City parks may be made available for the temporary exclusive or
non-exclusive use of groups of one hundred or more persons, groups of twelve or more persons
where alcohol will be consumed, use of parks after times specified in Section 11-05.020 for
showing of a movie open to the public without charge, and any publicly advertised assemblage
upon the issuance of a group use permit by the Director in accord with the following provisions:
(a) Each group must have one or more adults who agree in writing to be responsible for such
group during the entire period of use of the area in question.
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(b) Each group shall not exceed seventy-five percent of the capacity of such park or the area
of such park, and in all events the Director shall have the authority to limit the size of the group
to a number less than such percentage of capacity in conditioning such permit.
(c) Each permit shall specify:
(1) The park(s) and area(s) of the park(s) to which the permit applies;
(2) The day(s) and hour(s) for which the permit is issued over a period not to exceed one
year;
(3) Whether the permit is for exclusive or non-exclusive use; and
(34) Any other conditions imposed by the Director.
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11. Historic Preservation Commission Procedures
13-10.020 - Term of office.
A Commissioner shall be appointed for a term of four years, unless the appointment is to fill a
vacancy created by a Commissioner who has left office prior to the expiration of his term, in which
event, the appointment shall be for the remaining term of such former Commissioner. Any
reappointment of a Commissioner whose term of office has expired shall be for a further term of four
years.
13-10.0320 - Vacancy and removal.
(a) In the event of a vacancy occurring during the term of a Commissioner, the City Council shall
make an interim appointment to fill the unexpired term of such Commissioner, and where such
Commissioner is required to have special qualifications, such vacancy shall be filled by interim
appointment, in the manner herein prescribed, with a person having such qualifications.
(b) A Commissioner who ceases to be a resident of the City shall automatically be removed and
shall be so notified by the Chairman of the Commission. The Chairman shall then request the
City Council to fill the vacancy. Any Commissioner may be removed at any time upon the vote
of at least three Councilmembers.
13-10.0430 - Organization.
(a) The Commission shall elect annually, on or before January 31st, one of its members to serve in
the office of Chairman, and may elect such other officers from among its members as it deems
necessary or desirable. Should a mid-year vacancy in any office occur, the Commission shall
elect a replacement officer at the next regular or noticed special meeting to serve until the next
annual election of officers.
(ab) The Planning Community Development Director or designee shall act as Secretary for the
Heritage Commission, shall be the custodian of its records, shall conduct official
correspondence and shall generally supervise the clerical and technical work performed at the
request or on behalf of the Heritage Commission.
(bc) The Heritage Commission shall meet quarterly, or more frequently upon call of the Chairman or
Commission staff, as necessary. All meetings shall be open to the public and a public record
shall be kept of all Commission proceedings and actions. A majority of Commissioners shall
constitute a quorum, with the Chairman having a vote. The Heritage Commission shall prescribe
rules and regulations for the conduct of its business, thereafter having the powers and authority
to perform the duties hereinafter enumerated.
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12. Ground Movement Regulations
Article 16-65 - GROUND MOVEMENT REGULATIONS
16-65.040 - Pmw, Pd, Pdf and Ms area restrictions.
No tentative or final subdivision approval shall be granted, nor shall any building or grading
permit be issued for the construction or installation of any new building or structure, or addition to
any existing building or structure, nor shall any new building or structure be constructed or installed
in any Pmw, Pd, Pdf or Ms area unless and until all of the following requirements have been fully
satisfied:
(a) A geologic and geotechnical investigation report has been prepared in accordance with
Section 14-20.020 of this Code and a site development plan has been prepared in
accordance with Section 14-25.100 of this Code, and such report and development plan
have been approved by the City's Geotechnical Consultant.
(b) The owner of the property executes and files with the City Clerk and the Community
Development Department a written statement representing to the City that he/she is relying
upon the written investigation, report and opinion of the owner's geologist and geotechnical
consultant regarding the safety of proposed development and that if the requested
subdivision or site approval or building, grading or other permit or permits are granted, the
owner agrees to and does thereby defend and indemnify and hold the City, its officials,
officers, boards, commissions, employees, agents and professional consultants, free and
harmless from and against any and all claims, actions, damages, suits or liabilities claimed
by the owner or any other person by reason of any actual or potential geologic hazard,
including, without limitation, land slippage, landslide, earthquake, slope instability, soil or
sub-soil instability, or lack of lateral or subjacent support of any kind or nature, including
any failure, collapse or damage to any building or structure or its foundation, and further
stating that the owner is voluntarily and knowingly assuming all risks thereof. The owner
shall cause delivery of the indemnity agreement to be made to the Santa Clara County
Recorder and shall instruct the Recorder to record the agreement attaching thereto
the written investigation, report and opinion of the owner’s geologist and geotechnical
consultant regarding the safety of proposed development.
(c) In addition to the foregoing requirements, for a Pmw, Pd, Pdf or Ms area, the geologic and
geotechnical report referred to in subsection (a) of this Section is finalized, and contains the
opinion of applicant's certified engineering geologist or geotechnical consultant, stating that
the proposed subdivision, building site or land development and the proposed
improvements to be constructed or installed thereon, as designed, will be safe for the
intended use against hazard from earth movement.
(d) In Pmw, Pd, and Pdf areas, after compliance with the foregoing requirements with the
exception of Section 16-65.040(c), a categorically permitted project may be approved,
subject to compliance with Sections 16-65.060 and 16-65.070.
16-65.050 - Pf area restrictions.
No tentative or final subdivision approval shall be granted, nor shall any building or grading
permit be issued for the construction or installation of any new building or structure, or addition ,
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except for a minor addition of fifty square feet or less which does not increase the occupant
capacity of a residence, to any existing building or structure, nor shall any new building or structure
be constructed or installed in any Pf area unless and until all of the following requirements have been
fully satisfied:
(a) A geologic investigation report has been prepared by a certified engineering geologist and
approved by the City Geologist, showing the location or suspected location of faults.
(b) A setback zone has been established along the identified or suspected fault location, as
approved by the City Geologist, and a map or agreement has been recorded designating
such setback area as open space and prohibiting the construction of any buildings or
structures therein.
(c) The owner of the property has executed and filed with the City Clerk a written statement
and indemnity agreement as described in subsection 16-65.040(cb) of this Article.
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13. Streamlined Permitting for Small Residential Rooftop Solar Systems
The following new section is added to the City Code:
16-75.070 – Expedited Permit Process for Small Residential Rooftop Solar Systems
(a) Purpose and Intent. This section is intended to establish an expedited, streamlined solar
permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes
2014, CA Govt. Code Section 65850.5) to achieve timely and cost-effective installations of small
residential rooftop solar energy systems. This section is further intended to encourage the use of
solar systems by removing unreasonable barriers and minimizing costs to property owners and
the City, and expanding the ability of property owners to install solar energy systems. This
section allows the City of Saratoga to achieve these goals while protecting the public health and
safety.
(b) Application:
(1) This section applies to the permitting of all small residential rooftop solar energy systems in
the City.
(2) Small residential rooftop energy systems legally established or permitted prior to August 6,
2016 are not subject to the requirements of these provisions unless physical modifications or
alterations are undertaken after that date that materially change the size, type, or components of a
small rooftop energy system in such a way as to require a new permit. Routine operation and
maintenance or like-kind replacements shall not require a permit.
(c) Definitions: The following words, terms and phrases, when used in this section, shall
have the following meanings:
(1) “Electronic signature” means a digital signature or digital stamp that is issued by a certificate
authority approved by the California Secretary of State and which meets the requirements of
Government Code Section 16.5.
(2) “Electronic submittal” means the utilization of one or more of email, the Internet, or
facsimile.
(3) “Reasonable restrictions on a solar energy system” are those restrictions that do not
significantly increase the cost of the system or significantly decrease its efficiency or specified
performance, or that allow for an alternative system of comparable cost, efficiency, and energy
conservation benefits. As provided in Civil Code Section 714, subdivision (d)(1), reasonable
restrictions may include, but are not limited to:
i. For water heater systems or solar swimming pool heating systems: an amount
exceeding ten percent of the cost of the system, but in no case more than one thousand dollars, or
decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as
originally specified and proposed.
ii. For photovoltaic systems: an amount not to exceed one thousand dollars over the
system cost originally specified and proposed, or a decrease in system efficiency of an amount
exceeding ten percent as originally specified and proposed.
(4) “Small residential rooftop solar energy system” means all of the following, as defined in
Government Code Section 65850.5:
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i. A solar energy system that is no larger than ten kilowatts alternating current nameplate
rating or thirty kilowatts thermal.
ii. A solar energy system that conforms to all applicable state fire, structural, electrical,
and other building codes as adopted or amended by the City and all state and City health and
safety standards.
iii. A solar energy system that is installed on a single or duplex family dwelling.
iv. A solar panel or module array that does not exceed the maximum legal building height
as defined by the City.
(5) “Solar energy system” means either of the following, as defined in Civil Code Section 801.5:
i. Any solar collector or other solar energy device whose primary purpose is to provide
for the collection, storage, and distribution of solar energy for space heating, space cooling,
electric generation, or water heating.
ii. Any structural design feature of a building, whose primary purpose is to provide for
the collection, storage, and distribution of solar energy for electricity generation, space heating or
cooling, or for water heating.
(6) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact,
based on objective, identified, and written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete, as defined in
Government Code Section 65850.5.
(d) Solar energy system requirements:
(1) All solar energy systems shall meet applicable health and safety standards and
requirements imposed by the state, the City, and the Fire District with Jurisdiction.
(2) Solar energy systems for heating water in single-family residences and for heating
water in commercial buildings or swimming pool applications shall be certified by an accredited
listing agency as defined by the California Plumbing and Mechanical Code.
(3) Solar energy systems for producing electricity shall meet all applicable safety and
performance standards established by the California Electrical Code, the Institute of Electrical
and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories
and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(e) Duties of the Building Division and Building Official:
(1) The City’s Building Division shall adopt a standard plan and checklist of all
requirements with which small residential rooftop solar energy systems shall comply to be
eligible for expedited review. All documents required for the submission of an expedited small
residential rooftop solar energy system application shall be made available on the publically
accessible City website.
(2) The small residential rooftop solar system permit process, standard plan(s), and
checklist(s) shall substantially conform to recommendations for expedited permitting, including
the checklist and standard plans contained in the most current version of the California Solar
Permitting Guidebook adopted by the Governor’s Office of Planning and Research.
(3) Electronic submittal of the required permit application and documents by email, or the
Internet, shall be made available to all small residential rooftop solar energy system permit
applicants. Applicants may also submit the permit application and associated documentation in
person or by mail.
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(4) In the case of electronic submittal, an applicant’s electronic signature, in conformance
with Section 16-75.070(c)(1) of this Code, shall be accepted on all forms, applications, and other
documents in lieu of a wet signature.
(f) Plan review and inspection requirements:
(1) Consistent with Government Code Section 65850.5 and Section 15-80.030(f) of this
Code, the Building Division shall issue a building permit, the issuance of which is
nondiscretionary, upon receipt of a complete application that meets the requirements of the
approved checklist and standard plan. If an application is deemed incomplete, a written
correction notice detailing all deficiencies in the application and any additional information or
documentation required to be eligible for expedited permit issuance shall be sent to the applicant
for resubmission.
(2) The Building Official may require an applicant to apply for a use permit if the official
makes written findings, based on substantial evidence, that the solar energy system could have a
specific, adverse impact upon the public health and safety. If a use permit is required, the City
may deny an application for the use permit if it makes written findings based upon substantial
evidence in the record that the proposed installation would have a specific, adverse impact upon
public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as
defined, the adverse impact. Such findings shall include the basis for the rejection of the
potential feasible alternative for preventing the adverse impact. Decisions under this subdivision
may be appealed to the Planning Commission. Such appeals shall be governed by the procedure
set forth in Article 15-90 of Chapter 15 of this Code.
(3) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact
includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the
City on another similarly situated application in a prior successful application for a permit. The
City shall use its best efforts to ensure that the selected method, condition, or mitigation meets
the conditions of Section 16-75.070(c)(3) of this Code defining restrictions that do not
significantly increase the cost of the system or decrease its efficiency or specified performance.
Any condition imposed on an application shall be designed to mitigate the specific, adverse
impact upon health and safety at the lowest possible cost.
(4) The City shall not condition the approval of an application on the approval of an
association, as that term is defined in Section 4080 of the Civil Code.
(5) Issuance of the permit does not authorize an applicant to connect the small residential
rooftop energy system to the electrical grid. The applicant is responsible for obtaining such
permission from the local utility provider.
(6) If an applicant provides the City with an email address for the local utility provider as
a part of his or her application, the City will submit a copy of that applicant’s final building
permit to the local utility provider.
(7) Only one consolidated inspection shall be required and performed by the City for
small residential rooftop solar energy systems eligible for expedited review. The consolidated
inspection shall be done in a timely manner. This inspection shall encompass all applicable local,
state, and federal health and safety regulations including fire department regulations. If a small
residential rooftop solar energy system fails inspection, a subsequent inspection is authorized,
however, the subsequent inspection need not conform to the requirements of this section.
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14. Streamlined Permitting for Electric Vehicle Charging Stations
The following new section is added to the City Code:
16-75.080 – Expedited Permit Process for Electric Vehicle Charging Stations
(a) Purpose and Intent. This section is intended to establish an expedited, streamlined electric
vehicle charging station permitting process that complies with the Electric Vehicle Charging
Stations Open Access Act and AB 1236 (Chapter 598, Statutes 2015, CA Govt. Code Section
65850.7) to achieve timely and cost-effective installations of electric vehicle charging stations.
This section is further intended to promote and encourage the use of electric vehicle charging
stations by homeowners, agricultural concerns, and business concerns by limiting obstacles to
their use and minimizing costs to property owners and the City. This section allows the City of
Saratoga to achieve these goals while protecting the public health and safety.
(b) Application:
(1) This section applies to the permitting of all electric vehicle charging stations in the
City.
(2) Electric vehicle charging stations legally established or permitted prior to August 6,
2016 are not subject to the requirements of these provisions unless physical modifications or
alterations are undertaken after that date that materially change the size, type, or components of
an electric vehicle charging station in such a way as to require a new permit. Routine operation
and maintenance or like-kind replacements shall not require a permit.
(c) Definitions: The following words, terms and phrases, when used in this section, shall
have the following meanings ascribed to them:
(1) “Electronic signature” means a digital signature or digital stamp that is issued by a certificate
authority approved by the California Secretary of State and which meets the requirements of
Government Code Section 16.5.
(2) “Electronic submittal” means the utilization of one or more of email, the Internet, or
facsimile.
(3) “Electric vehicle charging station” or “charging station” means any level of electric
vehicle supply equipment station that is designed and built in compliance with Article 625 of the
California Electrical Code, as it reads on the effective date of this section, and delivers electricity
from a source outside an electric vehicle into a plug-in electric vehicle, as defined in Government
Code Section 65850.7.
(4) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, and written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed complete, as defined in
Government Code Section 65850.7.
(d) Electric vehicle charging station requirements:
(1) All electric vehicle charging stations shall meet applicable health and safety standards
and requirements imposed by the state, the City, and the Fire District with Jurisdiction.
(2) Electric vehicle charging stations shall meet all applicable safety and performance
standards established by the California Electrical Code, the Society of Automotive Engineers, the
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2016 Annual Code Update - Page 35
National Electrical Manufacturers Association, and accredited testing laboratories such as
Underwriters Laboratories and rules of the Public Utilities Commission regarding safety and
reliability.
(e) Duties of the Building Division and Building Official:
(1) The City’s Building Division shall adopt a standard checklist of all requirements with
which electric vehicle charging stations shall comply to be eligible for expedited review. All
documents required for the submission of an expedited electric vehicle charging station
application shall be made available on the publically accessible City website.
(2) The electric vehicle charging station permit process and standard checklist shall
substantially conform to recommendations for expedited permitting, including the checklist
contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting
Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook”
published by the Governor’s Office of Planning and Research.
(3) Electronic submittal of the required permit application and documents by email, or the
Internet, shall be made available to all electric vehicle charging station permit applicants.
Applicants may also submit the permit application and associated documentation in person or by
mail.
(4) In the case of electronic submittal, an applicant’s electronic signature, in conformance
with Section 16-75.080(c)(1) of this Code, shall be accepted on all forms, applications, and other
documents in lieu of a wet signature.
(f) Plan review requirements:
(1) Consistent with Government Code Section 65850.7, the Building Division shall issue
a building permit, the issuance of which is nondiscretionary, upon receipt of a complete
application that meets the requirements of the approved checklist and standard plan. If an
application is deemed incomplete, a written correction notice detailing all deficiencies in the
application and any additional information or documentation required to be eligible for expedited
permit issuance shall be sent to the applicant for resubmission.
(2) The Building Official may require an applicant to apply for a use permit if the official
makes written findings, based on substantial evidence, that the charging station could have a
specific, adverse impact upon the public health and safety. If a use permit is required, the City
may deny an application for the use permit if it makes written findings based upon substantial
evidence in the record that the proposed charging station would have a specific, adverse impact
upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as
defined, the adverse impact. Such findings shall include the basis for the rejection of the
potential feasible alternative for preventing the adverse impact. Decisions under this subdivision
may be appealed to the Planning Commission. Such appeals shall be governed by the procedure
set forth in Article 15-90 of Chapter 15 of this Code.
(3) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact
includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the
City on another similarly situated application in a prior successful application for a permit. Any
condition imposed on an application shall be designed to mitigate the specific, adverse impact
upon health and safety at the lowest possible cost.
(4) The City shall not condition the approval of an application on the approval of an
association, as that term is defined in Section 4080 of the Civil Code.
791221.2
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SARATOGA CITY COUNCIL
MEETING DATE:June 15, 2016
DEPARTMENT:Community Development Department
PREPARED BY:Kate Bear, City Arborist
SUBJECT:Citywide 2020 x 2020 Tree Planting Program
RECOMMENDED ACTION:
1.Approve the Mayor’s challenge to plant 2,020 trees citywide by the year 2020.
2.Allocate $10,000 from the City’s Tree Fund to offset the cost of new trees planted in
residential front yards.
3.Provide direction to staff on the level of City funding for each tree planted under the
program.
BACKGROUND:
Saratoga was recognized in 2007 as a Tree City, USA, for continuing to value the importance of
trees in the community. In 2009, in order to build on the public’s awareness of this community
value, the City engaged in a citywide effort to encourage residents to plant 2,015 trees by
December 2015. This goal was reached ahead of schedule in 2013 and approximately 4,600 trees
were planted by the end of the program. In 2015 the City of Saratoga entered the nationwide
America in Bloom competition and won several awards, one of which was for tree canopy cover.
The City currently has a tree planting program for the El Quito Neighborhood Landscape and
Lighting District which serves as a successful pilot project for the current proposal. Homeowners
in this neighborhood can request one or two front yard trees for their property. The program is
completely funded by the El Quito Neighborhood Landscape and Lighting District assessment.
Over the past five years 250 street trees have been planted in this neighborhood.
Our City Forest, a local non-profit organization, collaborates with the City to manage the El
Quito Neighborhood tree planting program. They provide trees, stakes, assistance in selecting a
tree, and trained volunteers to teach homeowners how to care for their trees. Tree planting events
are organized on weekends in the spring. Residents commit to caring for their new trees and
providing Our City Forest with information about their new tree over the first few years.
DISCUSSION:
Mayor Cappello has put out a challenge to plant 2,020 trees by 2020 to further expand the City’s
urban forest in light of the impact the drought has had on trees throughout the City. To help 181
obtain this goal, the City could expand the current partnership with Our City Forest to all
Saratoga residents.
To encourage tree planting under a City-wide program, the Council could allocate a portion of
the available funds from the City Tree Fund to help offset the cost of new front yard trees. For
an order of six or more trees, Our City Forest charges $205 per 15 gallon tree that includes
approximately three annual maintenance visits by Our City Forest staff.
The Tree Fund is funded primarily from fines assessed on unpermitted tree removal and related
violations, and is used to plant new City trees and shrubbery, installation of irrigation for new
plantings, tree maintenance, and removal of damaged trees on City property. The Fund currently
has a balance of approximately $30,000.
Staff recommends allocating one third of the existing fund balance ($10,000) to help offset the
cost of new front yard trees as part of the 2,020 by 2020 program. The remaining $20,000 will
be adequate to address City planting and maintenance needs next fiscal year. It is also
recommended that residents pay a portion of the cost of new trees planted under this new
program. This will enable the funds to be used for a longer period and support the planting of
more trees. The table below shows three possible funding levels to consider:
Cost / tree
Resident
Contribution
City
Contribution
Number of trees
planted / $10,000
$205 $75 $130 76
$205 $100 $105 95
$205 $125 $80 125
Depending on the resident contribution established by the City Council, the City cost per tree
would be between $80 and $130 and would facilitate the planting of between 76 and 125 new
trees based on the initial $10,000 funding proposed. If desired, and as funds become available,
additional funds could be added to the contract over the next several years to allow more trees to
be planted.
Following tree planting, residents are requested to report back to City staff via a form on the
City’s website about what inspired them to plant the new trees. This information will be
compiled and presented during Arbor Day events over the next few years.
Program Outreach
To inform residents of the 2020 by 2020 tree planting program, the City will reach out in the
following ways:
•A staff created flyer will be included with each approved tree removal permit;
•Periodic Social media posts on the City’s platforms: Facebook, Next Door and Twitter;
•Distribution of program info via e-mail through the City’s Constant Contact list;
•Distribution of program info via the Saratogan, the Recreational Guide and on the City’s
website.
•Joint marketing with Our City Forest
•Press Releases
2
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FISCAL STATEMENT:
The initial City contribution of $10,000 funded from the City’s Tree Fine Fund (421-9211-002)
will supplement the installation and care cost of trees to residents, The resident per tree
contribution amount set by Council will determine the City’s supplemental cost. Our City Forest
would invoice the City for the remainder of the per tree costs not paid by participating residents.
Costs include the initial purchase and planting of the tree and several follow-up care and visits by
trained volunteers.
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SARATOGA CITY COUNCIL
MEETING DATE:June 15, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Resolution Updating the Library Commission’s Structure, Administration,
Responsibilities, Duties, and Relationships
RECOMMENDED ACTION:
Approve the resolution updating the Library Commission’s structure, administration,
responsibilities, duties, and relationships.
BACKGROUND:
On March 16, 2016, the City Council held a Study Session on the responsibilities of the Library
Commission and directed staff to bring back a resolution that updates the Commission’s
structure, administration, responsibilities, duties, and relationships to reflect current practices and
conditions. Additionally, staff was asked to include language to invite the Friends of the Saratoga
Libraries Board of Directors to nominate one their Board Members to the Commission and allow
the nominee to be a resident of either Saratoga or Monte Sereno.
Staff met with the Friends of the Saratoga Libraries Board on April 27, 2016 to introduce the
Council’s proposal to make one position on the Commission a nominee of the Friends Board. At
that time, the Friends Board requested more time to consider the request and scheduled further
discussion. When the proposal was considered by the Board at the May 25, 2016 meeting, it was
unanimously declined. The Board expressed concerns regarding the difference in length of Board
terms (1 year) and Commission terms (4 years) and noted recommendations from the American
Library Association to keep the membership and roles of Friends organizations and Library
Commissions distinct and separate. As a result, the attached resolution does not include language
designating one position on the Library Commission as a nominee of the Friends of the Saratoga
Libraries Board.
ATTACHMENTS:
Attachment A – Resolution Updating the Library Commission Structure, Administration,
Responsibilities, Duties, and Relationships
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RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DEFINING AND ESTABLISHING THE AUTHORITIES AND RESPONSIBILITIES
OF THE SARATOGA LIBRARY COMMISSION AND ITS OPERATION
WHEREAS, the City of Saratoga Library Commission was established by Resolution No. 68 dated June
17, 1959, with further modification to the Commission's structure, terms of office, and operation being made by
Resolutions dated February 11, 1971, February 5, 1975, January 5, 1983, and other documents; and
WHEREAS, the content of existing documents is in need of updating; and
WHEREAS, the City Council held two study sessions to review the basic functions and responsibilities
of the Saratoga Library Commission; and
WHEREAS, these reviews have led to a consensus that the attached document reflects an accurate and
updated portrayal of the Commission and its operation; and
WHEREAS, the City Library Commission shall function in accordance with the provisions of the
attached document.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as follows:
1. That the Saratoga Library Commission henceforth be governed by the terms of the attached document,
which is hereby incorporated into and made a part of this resolution; and
2. That the content of the attached document shall supersede prior resolutions, guidelines and understandings
relating to the Commission and its operation, provided, however that nothing in this resolution or in the
attached document shall be construed as restricting or curtailing any of the powers of the City Council or
City officers.
The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a
regular meeting held on the 15th day of June 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
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THE SARATOGA LIBRARY COMMISSION: ITS STRUCTURE, ADMINISTRATION, BASIC
RESPONSIBILITIES, DUTIES AND RELATIONSHIPS
STRUCTURE
Membership. The Library Commission of the City of Saratoga shall consist of five members appointed by
the City Council. At least four of the Commission's members shall reside in the City or in the adjacent
unincorporated areas within the Library’s service district. Because of the support and usage of the Library by
citizens of Monte Sereno, the City of Monte Sereno shall be invited to nominate a candidate to serve as a member
of the Commission and to nominate replacements for this member as may be needed.
Term of Office, Vacancies and Removal, Officers. The term of office, vacancies and removals, and
officers of members of the Commission shall be as set forth in the City Code.
ADMINISTRATION
Meetings. The Saratoga Library Commission shall hold regular meetings every other month. The date and
time of regular meetings shall be approved by resolution of the City Council.
Rules of Procedure. The Commission shall in all other respects comply with the requirements for City
Commissions as set forth in the City Code and City Council policies adopted from time to time.
Compensation. Members of the Commission shall serve without compensation. When
in accord with current City policy and when arranged in advance with the City Manager, actual and necessary
expenses incurred by Library Commission members acting in their official capacity shall be reimbursed by the
City.
Records. The staff liaison of the Library Commission shall keep a record of all proceedings, deliberations,
findings, determinations and recommendations of the Commission. These records shall be available to the public,
and copies shall be filed with the City Clerk.
Staff Services. Staff services required by the Commission shall be provided by the City Manager,
consistent with City budget authorizations.
BASIC RESPONSIBILITIES
The Library Commission shall serve as a senior advisory and liaison body. Its basic responsibilities shall include
the following:
1. Provide counsel and recommendations on Library policies, budgets, plans and procedures to the Saratoga
City Council, the City staff, and the Santa Clara County Library staff and Saratoga Library Supervisor.
2. Identify and bring to the attention of the Ci ty Council , the City staff, and the Santa Clara County Library
staff (as appropriate) present and prospective issues and questions relating to Library operation.
3. Participate, along with other appropriate governmental units, in explaining and interpreting matters
pertaining to Library operation to Library users, Library support groups, and the general public.
4. Perform such other activities as may be directed by the Saratoga City Council.
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DUTIES
In carrying out its basic responsibilities, the Library Commission shall perform the following duties:
1. Hold formal meetings as required (see preceding Section on "Administration”).
2. Maintain communications with the City Council, the City staff, the Santa Clara County Library staff, and
the Saratoga Library Supervisor on matters that have a significant impact on the Library's budget and
operation.
3. Outreach to different community groups to inform them of library services and to receive suggestions on
improving Library operation.
4. Maintain within the Commission a continuity of knowledge of the Library, its operation and its problems.
5. Keep generally informed on technical developments that could have a bearing on the Library's operation.
6. Participate in the general planning of the library's operation and in the planning of events related to the
Library.
7. Work with "Friends of the Saratoga Libraries" and other support groups as may be desirable in the
planning of their activities.
8. Promote optimal utilization of the library space, and encourage service mindedness on the part of all
having to do with providing Library service to the public.
9. Engage the Saratoga Library Youth Advisory group in matters concerning use of the Library and
programs.
RELATIONSHIPS
1. The Library Commission shall report to and be responsible to the Saratoga City Council. The City
Manager is authorized to appoint a City staff member to serve as a liaison representative between the
Council, staff and the Library Commission on administrative matters.
2. The Library Commission shall have no administrative authority over the Library's operation, or activities
of City staff.
3. The Library Commission shall have authority to call meetings, conduct hearings, perform analysis and
make contacts with various interested parties in carrying out its basic responsibilities.
4. The Library Commission may act on its own initiative, based on its own assessment of needs, or upon
request from other interested parties such as the City Council, the City staff, and the Santa Clara County
Library staff.
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