HomeMy WebLinkAbout2016_07_06 City Council Agenda PacketSaratoga City Council Agenda – Page 1 of 7
SARATOGA
CITY COUNCIL REGULAR MEETING
JULY 6, 2016
5:00 P.M. CLOSED SESSION
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government
Code Section 54956.9(d)(1))
Saratoga et al. v. California Department of Transportation (Santa Clara County Superior
Court Case No. 115CV281214)
6:00 P.M. JOINT MEETING
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
Joint Meeting with Montalvo Arts Center
7:00 P.M. REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on June 30, 2016.
REPORT FROM CLOSED SESSION
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
Proclamation Honoring Olivia de Havilland’s 100th Birthday
Recommended Action:
Present the proclamation honoring Olivia de Havilland’s 100th birthday to Laurel Perusa.
Saratoga City Council Agenda – Page 2 of 7
Proclamation Declaring July 2016 as “Parks Make Life Better!” Month
Recommended Action:
Read and present the proclamation declaring July 2016 as “Parks Make Life Better!” Month
in the City of Saratoga.
1. CONSENT CALENDAR
The Consent Calendar contains routine items of 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 re
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 15,
2016.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
06/14/2016 Period 12; 06/21/2016 Period 12; and 06/29/2016 Period 12.
1.3. Treasurer’s Report for the Month Ended April 30, 2016
Recommended Action:
Review and accept the Treasurer’s Report for the month ended April 30, 2016.
1.4. Treasurer’s Report for the Month Ended May 31, 2016
Recommended Action:
Review and accept the Treasurer’s Report for the month ended May 31, 2016.
1.5. Resolution to Establish Property Tax Levy for Debt Service Payments on the Library
General Obligation Bonds
Recommended Action:
Adopt the attached resolution which sets the property tax levy rate to provide for the
Library General Obligation Bond's debt service payment at $.0060 per $100 of
Assessed Valuation.
1.6. Resolution Authorizing Final Disposition of Certain City Records
Recommended Action:
Adopt resolution authorizing final disposition of certain city records.
1.7. Amendments to Joint Powers Agreement for the Silicon Valley Regional
Interoperability Authority
Recommended Action:
Move to authorize the City Manager to sign the amended Joint Powers Agreement
(JPA) for the Silicon Valley Regional Interoperability Authority (SVRIA).
Saratoga City Council Agenda – Page 3 of 7
1.8. Agreement for Employment and Labor Law Services with Mouser Law Firm, A
Professional Corporation
Recommended Action:
Authorize the City Manager to enter into an agreement for employment and labor law
services with Mouser Law Firm, A Professional Corporation.
1.9. Annual Code Update for 2016 and Adoption of Resolution Allowing 15 Minute
Parking at the Turkey Track Lane Electric Vehicle Charging Station
Recommended Action:
Waive the second reading and adopt the attached ordinance updating various
provisions of the City Code and adopt the attached resolution allowing 15 minute
parking at the Turkey Track Lane electric vehicle charging station in accordance with
the newly adopted code provisions.
1.10. Request for Reallocation of Community Event Grant Funds from Montalvo Arts
Center
Recommended Action:
Reallocate $3,704 in Community Event Grant Program funding from Montalvo Arts
Center’s “Arts Splash” to “5-Hour Sculpture: A Pop-Up Arts Festival.”
1.11. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal
of the District for FY 17-18.
Recommended Action:
1. Move to adopt the Resolution describing improvements and directing
preparation of the Engineer’s Report.
2. Move to adopt the Resolution appointing the Attorney’s for the District.
1.12. Landscaping and Lighting Assessment District Annexation No. 1 for Fiscal Year
2017/18 – Zone No. 38 (Paramount Court) – Preliminary approval of Engineer’s
Report for Annexation and Adoption of Resolution of Intention for Fiscal Year
2017/18
Recommended Action:
1. Move to adopt the Resolution granting preliminary approval of the Engineer’s
Report for the City of Saratoga Landscaping and Lighting District LLA-1,
Annexation No. 1 (Zone No. 38 - Paramount Court) for F.Y. 2017/18.
2. Move to adopt Resolution of Intention to order the levy and collection of
assessments for the City of Saratoga Landscaping and Lighting District LLA-1,
Annexation No. 1 (Zone No. 38 – Paramount Court) for F.Y. 2017/18.
1.13. Motor Vehicle Resolutions Establishing Parking Restrictions on Prospect Road (Near
Via Roncole) and Melinda Circle (Near Kristy Lane)
Recommended Action:
1. Adopt Motor Vehicle Resolution establishing parking restriction on Prospect Road
at Via Roncole.
2. Adopt Motor Vehicle Resolution establishing parking restriction on Melinda Circle
at Kristy Lane.
Saratoga City Council Agenda – Page 4 of 7
2. PUBLIC HEARING
Items placed under this section of the Agenda are those defined by law as requiring a
special notice and/or a public 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. Confirmation of Report and Assessment of Weed/Brush Abatement Program
Recommended Action:
Open public hearing, accept public testimony, close public hearing, and adopt
resolution confirming report and assessment of hazardous vegetation abatement
charges.
2.2. Ordinance Amending Smoking and Tobacco Retailer Regulations
Recommended Action:
Conduct public hearing; introduce and waive the first reading of the ordinance
amending Article 4-90 Tobacco Retailer License and Article 7-35 Regulation of
Smoking in Certain Places; and direct staff to place the ordinance on the Consent
Calendar for adoption at the next regular City Council Meeting.
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Quarterly Communications Report
Recommended Action:
Approve the theme for the 2016 Fall Saratogan and provide direction on articles,
provide direction on three online survey topics, and approve topics and hosts for the
City’s Video Program for the second quarter of Fiscal Year 2016/17.
4.2. Designation of League of California Cities Annual Conference Voting Delegate and
Alternates
Recommended Action:
Designate the City of Saratoga voting delegate and alternative voting delegate(s) for
the 2016 League of California Cities Annual Conference.
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
Saratoga City Council Agenda – Page 5 of 7
West Valley Sanitation District
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Public Art Ad Hoc
Saratoga Chamber of Commerce & Destination Saratoga
Santa Clara County Library Joint Powers Authority
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Council Member Mary-Lynne Bernald
Association of Bay Area Governments
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County-Selection Committee
FAA Select Committee on South Bay Arrivals
Hakone Foundation Board
Public Art Ad Hoc
Saratoga Historical Foundation
Saratoga Sister City Organization
West Valley Solid Waste Management Joint Powers Authority
Council Member Howard Miller
Council Finance Committee
Silicon Valley Clean Energy Authority Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
VTA Board West Valley Cities Alternate
Council Member Rishi Kumar
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the
meeting of the City Council was posted and available for review on June 30, 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 30th day of June 2016 at Saratoga, California.
Crystal Bothelio, City Clerk
Saratoga City Council Agenda – Page 6 of 7
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the
posting of the agenda are made available for public review at the office of the City Clerk at the
time they are distributed to the City Council. These materials are also posted on the City website.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting. [28 CFR 5.102-35.104 ADA title II]
To view current or previous City Council Meeting videos, visit www.saratoga.ca.us/council
Saratoga City Council Agenda – Page 7 of 7
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. J oint 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 Montalvo Arts Center
July 6, 2016 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m. Welcome & Introductions
6:15 p.m. Montalvo Arts Center Long Term Plans
6:25 p.m. Pop Up Festival
6:35 p.m. Montalvo Arts Center 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.
7
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, Deputy City Clerk
SUBJECT:Proclamation Honoring Olivia de Havilland’s 100th Birthday
RECOMMENDED ACTION:
Present the proclamation honoring Olivia de Havilland’s 100th birthday to Laurel Perusa.
BACKGROUND:
Olivia de Havilland spent most of her childhood in Saratoga, attending Oak Street Grammar
School. While attending Los Gatos High School, she played Alice in Alice in Wonderland with
the Theater in the Glade. At the age of 18, Olivia de Havilland moved to Hollywood to star in
the movie A Midsummer Night’s Dream. Olivia de Havilland has lived in Paris, France since
1956. Olivia de Havilland turns 100 years old on July 1, 2016.
ATTACHMENTS:
Attachment A – Proclamation Honoring Olivia de Havilland’s 100th Birthday
8
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING THE
100TH BIRTHDAY OF
OLIVIA DE HAVILLAND
WHEREAS, Olivia de Havilland was born on July 1, 1916 in Tokyo, Japan to British-born
Walter and Lillian de Havilland; and
WHEREAS, in 1919, the de Havilland family stopped in San Francisco on their way to
England, with Lillian, Olivia, and her sister Joan, and the family eventually decided to settle in
Saratoga, where their Tudor-style house still stands; and
WHEREAS, Olivia began ballet lessons at age 4, piano lessons at age 6, and then attended
the Oak Street Grammar School in Saratoga; and
WHEREAS, while attending Los Gatos High School, where Olivia participated in school
plays, she made her debut in amateur theater in Alice in Wonderland, which was directed by
Dorothea Johnston and produced by Theatre in the Glade; and
WHEREAS, although she considered a career as an English teacher, Olivia was offered the
role of Puck in the Theatre in the Glade production of Shakespeare’s A Midsummer Night’s Dream,
which led to her screen debut in the role of Hermia in the film of A Midsummer Night’s Dream in
1935; and
WHEREAS, after signing a movie contract with Warner Brothers, Olivia made eight films
with Errol Flynn as one of Hollywood’s most popular romantic on-screen pairings, and starred in
The Adventures of Robin Hood as Maid Marion; and
WHEREAS, Olivia de Havilland went on to renown for her role as Melanie in Gone With
the Wind (and is the only living cast member of that movie) and she won Best Actress Oscars for To
Each His Own (1946) and The Heiress (1949), as well as two Golden Globes and an Emmy Award;
and
WHEREAS, in the 1940’s, Olivia took Warner Brothers to court over her contract and won
what has become known as “The De Havilland Decision” (California Labor Code Section 2865),
one of the most significant and far-reaching legal rulings in Hollywood as it reduced the power of
the movie studio contracts; and
WHEREAS, since her retirement in 1988, she received an honorary doctorate from the
University of Hertfordshire in England, was inducted into the Online Film & Television Association
Award Hall of Fame, in 2008 U.S. President George W. Bush presented Olivia de Havilland with the
National Medal of Arts, and in 2010 she was appointed a Chevalier of the Légion d’Honneur by the
French President Nicolas Sarkozy; and
WHEREAS, Oliva had two children, Benjamin Goodrich and Gisele Galante; and
WHEREAS, Olivia de Havilland has lived in Paris, France since 1956 while keeping her
friendships in Saratoga.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby congratulate Olivia de Havilland on her 100th birthday and wish her continued good health
and happiness.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of
July 2016.
E. Manny Cappello, Mayor
City of Saratoga
9
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:Recreation and Facilities Department
PREPARED BY:Adam Henig, Recreation Supervisor
SUBJECT:Proclamation Declaring July 2016 as “Parks Make Life Better!” Month
RECOMMENDED ACTION:
Read and present the proclamation declaring July 2016 as “Parks Make Life Better!” Month in
the City of Saratoga.
BACKGROUND:
In an effort to recognize the importance of access to parks, trails, open space, and recreational
facilities, the State of California and cities and counties throughout the State declare July as
“Parks Make Life Better!” month. Representatives from the Saratoga Parks and Recreation
Commission will be in attendance at the July 6, 2016 Council Meeting to accept the
proclamation.
ATTACHMENTS:
Attachment A – Proclamation Declaring July 2016 as “Parks Make Life Better!” Month
10
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA DECLARING JULY 2016
AS “PARKS MAKE LIFE BETTER!” MONTH
WHEREAS, July is celebrated as “Parks Make Life Better!” Month across California and
the United States; and
WHEREAS, Saratoga’s public parks and recreation programs are dedicated to enhancing the
quality of life for the City’s residents and offer opportunities for people of all ages to come together
and experience a sense of community; and
WHEREAS, public opinion research shows that 98% of California households visit a
local park at least once a year, two out of three households visit a park once a month, 50% of
households participate in an organized recreation program, and most park use is with family and
friends; and
WHEREAS, the Parks and Recreation Commission seeks to promote the City’s parks and
recreational opportunities through such events as volunteer park clean-ups and movie nights in the
park; and
WHEREAS, Saratoga’s Recreation and Facilities Department is committed to providing
high quality services and programs that meet the needs and interests of the City’s residents; and
WHEREAS, there are fourteen stunning parks in the City of Saratoga that offer citizens the
chance to explore, rest, play, and socialize; and
WHEREAS, Saratoga is committed to keeping the City’s parks clean, safe, and beautiful for
all residents to enjoy; and
WHEREAS, the City also maintains a network of trails that serve as a tremendous
recreational resource to the citizens of Saratoga; and
WHEREAS, the superb recreational programs, parks, and trails in the City help make
Saratoga a wonderful place to live and play;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga, does
hereby proclaim July 2016 as “Parks Make Life Better!” Month in the City of Saratoga and urges all
residents to celebrate “Parks Make Life Better!” Month by participating in the City’s excellent
recreational programs and enjoying time in one of Saratoga’s lovely parks.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on the 6th day of July
2016.
E. Manny Cappello, Mayor
City of Saratoga
11
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on June 15, 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 15, 2016
12
MINUTES
WEDNESDAY, JUNE 15, 2016
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:00 p.m., the Saratoga City Council called to order the Joint Meeting with the Santa Clara
County Fire Department and Santa Clara County FireSafe Council in the Administrative
Conference Room at 13777 Fruitvale Avenue, Saratoga.
At 7:04 p.m., Mayor Cappello called the regular session to order in the Civic Theater at 13777
Fruitvale Avenue, Saratoga and led the Pledge of Allegiance.
ROLL CALL
PRESENT:Mayor Manny Cappello, Vice Mayor Emily Lo, Council Member
Mary-Lynne Bernald
ABSENT:Council Members Howard Miller (excused), Rishi Kumar (excused)
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crstal Bothelio, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance & Administrative Services Director
Erwin Ordoñez, Community Development Director
Michael Taylor, Recreation & Facilities Director
Kate Bear, City Arbrorist
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted on
June 10, 2016.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Jim Stallman addressed the City Council regarding the proposed State Route 85 Express Lane
project and requested entrance and exit points in Saratoga at Saratoga Avenue.
ANNOUNCEMENTS
Council Member Bernald announced that July 1 is Olivia de Havilland’s birthday and the
Saratoga Historical Museum will be celebrating her birthday with a showing of Gone with the
Wind on June 18 at 7:00 p.m. There will also be an exhibit on Olivia de Havilland. Council
Member Bernald also shared that the Sister City Group is planning a tour to the Asian Art
Museum on August 3, RSVPs are due by June 30 to Peter Marra. She also announced that
information about the FAA Select Committee is now available on the City website.
Vice Mayor Lo announced summer programs at the Library, including the Summer Reading
Program. She also provided information about a variety of resources available through the
Library, including access to the New York Times.
Mayor Cappello announced the annual Summer Movie Night series at El Quito Park hosted by
the Parks and Recreation Commission, with the first movie on June 17. He also shared that the
Saratoga City Council Minutes – Page 1 of 9
13
July 4 celebration will take place at Kevin Moran Park from 9:30 a.m. to 11:00 a.m. Information
is online at www.saratogajuly4.com. Additionally, the City is accepting applications for the
Library Commission and Parks and Recreation Commission.
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.
Santa Clara County Fire Chief John Justice provided a presentation on the Community
Wildfire Protection Plan.
Patty Ciesla with the Santa Clara County FireSafe Council addressed City Council
questions.
Mayor Cappello invited public comment on the item.
No one requested to speak.
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on June 1,
2016.
BERNALD/LO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
THE REGULAR CITY COUNCIL MEETING ON JUNE 1, 2016. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD. NOES: NONE. ABSTAIN: NONE.
ABSENT: MILLER, KUMAR.
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.
BERNALD/LO MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 5/31/2016
PERIOD 11, 06/07/2016 PERIOD 12. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: MILLER, KUMAR.
1.3. Resolution Calling for General Municipal Election – November 8, 2016
Saratoga City Council Minutes – Page 2 of 9
14
Recommended Action:
Approve the attached resolution calling for a consolidated, General Municipal
Election on November 8, 2016.
Council Member Lo removed this item from the Consent Calendar to request
additional information.
City Clerk Crystal Bothelio addressed questions from the Council.
RESOLUTION NO. 16-039
LO/BERNALD MOVED TO APPROVE THE ATTACHED RESOLUTION
CALLING FOR A CONSOLIDATED, GENERAL MUNICIPAL ELECTION
ON NOVEMBER 8, 2016. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: MILLER, KUMAR.
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
RESOLUTION NO. 16-040
BERNALD/LO MOVED TO: 1) 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) AUTHORIZE THE CITY MANAGER
TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT; AND 3)
AUTHORIZE THE CITY MANAGER TO EXECUTE STORMWATER
TREATMENT MEASURES CONSTRUCTION, INSPECTION AND
MAINTENANCE AGREEMENT. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: MILLER, KUMAR.
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.
RESOLUTION NO. 16-041
BERNALD/LO MOVED TO APPROVE BUDGET ADJUSTMENT
RESOLUTION FOR FISCAL YEAR 2015/16. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT:
MILLER, KUMAR.
Saratoga City Council Minutes – Page 3 of 9
15
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.
BERNALD/LO MOVED TO 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. MOTION PASSED. AYES: CAPPELLO,
LO, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: MILLER, KUMAR.
Council Member Bernald thanked Intero Real Estate for its donation to the Movie
Night event on June 17, 2016.
2.PUBLIC HEARING
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).
City Clerk Crystal Bothelio presented the staff report on this item.
Mayor Cappello invited public comment on the item.
The following person requested to speak:
Patty Ciesla
No one else requested to speak.
RESOLUTION NO. 16-042
BERNALD/LO MOVED TO ADOPT RESOLUTION OVERRULING
OBJECTIONS AND ORDERING HAZARDOUS VEGETATION ABATEMENT
(BRUSH). MOTION PASSED. AYES: CAPPELLO, LO, BERNALD. NOES:
NONE. ABSTAIN: NONE. ABSENT: MILLER, KUMAR.
Saratoga City Council Minutes – Page 4 of 9
16
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.
City Attorney Richard Taylor presented the staff report.
Mayor Cappello invited public comment.
No one requested to speak.
LO/BERNALD MOVED TO INTRODUCE AND WAIVE THE FIRST
READING OF THE ATTACHED ORDINANCE UPDATING VARIOUS
PROVISIONS OF THE CITY CODE WITH REVISIONS TO SECTION 06-
015.030 TO ALLOW THE MAYOR’S DESIGNEE TO SERVE AS CHAIR OF
THE DISASTER COUNCIL AND TO SECTIONS 16-75.070 AND 16-75.080 TO
REMOVE THE DEFINITION OF ELECTRONIC SIGNATURE AND
RELATED PROVISIONS AND PLACE IT ON THE CONSENT CALENDAR
FOR THE NEXT REGULAR MEETING OF THE CITY COUNCIL ALONG
WITH A MOTOR VEHICLE RESOLUTION ALLOWING SHORT-TERM
PARKING AT THE ELECTRIC VEHICLE CHARGING STATION ON
TURKEY TRACK LANE. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: MILLER, KUMAR.
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.
City Arborist Kate Bear presented the staff report on the item.
Mayor Cappello invited public comment on the item.
No one requested to speak.
Saratoga City Council Minutes – Page 5 of 9
17
BERNALD/LO MOVED TO APPROVE THE MAYOR’S CHALLENGE TO
PLANT 2,020 TREES CITYWIDE BY THE YEAR 2020; AND ALLOCATE
$10,000 FROM THE CITY’S TREE FUND TO OFFSET THE COST OF NEW
TREES PLANTED IN RESIDENTIAL FRONT YARDS WITH A RESIDENT
CONTRIBUTION OF $100 AND CITY CONTRIBUTION OF $105 PER TREE.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: MILLER, KUMAR.
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.
City Clerk Crystal Bothelio presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 16-043
LO/BERNALD MOVED TO APPROVE THE RESOLUTION UPDATING THE
LIBRARY COMMISSION’S STRUCTURE, ADMINISTRATION,
RESPONSIBILITIES, DUTIES, AND RELATIONSHIPS. MOTION PASSED.
AYES: CAPPELLO, LO, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT:
MILLER, KUMAR.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County – a proposal from the Minimum Wage Subcommittee
was endorsed. The proposal calls for increasing the minimum wage to $15/hour by 2019 in 3
phases, starting in January 2017. Additionally, the dues were raised by 5% for Fiscal year
2016/17.
West Valley Mayors and Managers – the group unanimously agreed to sign a joint letter
opposing the Governor’s by-right housing proposal.
VTA Board West Valley Cities Alternate – Mayor Cappello read a report from Council Member
Miller, noting that the Board voted at the June 2, 2016 to unanimously move forward with a
half-cent sales tax measure on the November 2016 ballot. If the sales tax measure is approved, it
will provide funding for a number of projects, such as chokepoints on State Route 85, and
provide funding for local roads.
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee – the board will be meeting on June 16,
2016.
KSAR Community Access TV Board – during the meeting on June 14, there was discussion
regarding KSAR’s contract with the City. Both Vice Mayor Lo and Brian Babcock in the City
Saratoga City Council Minutes – Page 6 of 9
18
Manager’s Office abstained from the discussion. Additionally, Brian Babcock with the
assistance of Finance Department staff is taking over the role of treasurer.
Saratoga Chamber of Commerce & Destination Saratoga – the Chamber sent an email to its
membership requesting that they participate in a survey on the Silicon Valley Clean Energy
program. The car show will take place on July 17 on Big Basin Way. Over 250 cars are
expected. Additionally, the Chamber installation will be held on July 28.
Santa Clara County Library Joint Powers Authority – the Board met on June 2 and the Friends
of the Saratoga Library presented a donation to Saratoga Library. The Board also adopted a
policy on surveillance cameras at the libraries.
Council Member Mary-Lynne Bernald
Cities Association of Santa Clara County-Legislative Action Committee – Santa Clara County
Assessor Larry Stone provided a presentation on the assessment of commercial airlines and two
bills before the State legislature that propose changes to airline assessments. The Legislative
Action Committee opposed one of these bills (Senate Bill 1329) and supported the other
(Assembly Bill 2622 as amended). The Committee also heard from Campbell Vice Mayor Liz
Gibbons and Seth Williams of the League of California Cities regarding the Governor’s b-right
housing proposal. Leslye Corsiglia of the Silicon Valley at Home urged that the Non-Profit
Housing Association’s position be considered.
Cities Association of Santa Clara County-Selection Committee – a number of appointments
were made. This included the appointments of Jim Davis of Sunnyvale and Greg Scharff of Palo
Alto to the ABAG Executive Board. Additionally, Chris Clark of Mountain View and Council
Member Bernald were appointed as alternatives to the ABAG Executive Board.
FAA Select Committee on South Bay Arrivals – the FAA Select Committee has been holding
meetings throughout the region. The next meeting will be on June 29, 2016. Information is
online at http://quietskiesnorcal.org/.
Saratoga Sister City Organization – a visit to the Asian Art Museum is planned for August 3 and
the Taiko Drummers are going strong, with 4 new members. The group will be performing at
Wharf to Wharf.
Council Member Howard Miller
No report
Council Member Rishi Kumar
No report
CITY COUNCIL ITEMS
Council Member Bernald noted a recent traffic incident on Quito Road near Sobey Road and
requested that staff or the Traffic Safety Commission consider options to reduce speeding in this
area, such as a radar feedback sign or trailer.
City Manager James Lindsay said he would work with Public Works to have a radar feedback
trailer placed in the area.
Vice Mayor Lo suggested outreach on fire prevention.
Saratoga City Council Minutes – Page 7 of 9
19
Mayor Cappello suggested that the City could take advantage of informational materials from
the County Fire Department and time outreach with Fire Safe Month in October.
Saratoga City Council Minutes – Page 8 of 9
20
CITY MANAGER'S REPORT
No report
ADJOURNMENT
Mayor Cappello noted that the City of Saratoga was designated as an Age-Friendly Community
by AARP and the World Health Organization. He congratulated the Senior Center and the others
working towards making Saratoga an Age-Friendly Community.
LO/BERNALD MOVED TO ADJOURN THE MEETING AT 9:08 P.M. MOTION PASSED.
AYES: CAPPELLO, LO, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: MILLER,
KUMAR.
Minutes respectfully submitted:
Crystal Bothelio, City Clerk
City of Saratoga
Saratoga City Council Minutes – Page 9 of 9
21
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:
6/29/2016: Period 12
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 #
6/14/16 130911 130975 65 160,709.64 06/14/16 06/07/16 130910
6/21/16 130976 131028 53 653,622.39 06/21/16 06/14/16 130975
6/29/16 131029 131099 71 126,289.04 06/29/16 06/21/16 131028
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
06/14/16 130932 PW 20,402.40
06/14/16 130960 Various 43,223.40
06/21/16 130988 PS 30,027.40
06/21/16 131000 PW Saratoga Village 74,800.00
06/21/16 131011 General PS 414,423.33
Accounts Payable checks voided during this time period:
AP Date Check #Amount
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
PREPARED BY:
Animal Control
Law Enforcement
Fund Purpose
6/21/2016: Period 12
6/14/2016: Period 12
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:Finance & Administrative Services
Ending
Check #Type of Checks
Accounts Payable
Issued to
City of San Jose General
N/A
Prior Check Register
Checks
Released
Total
Checks Amount
Reason Status
Starting Check #Date
Jeffrey W. Heid
Shute Mihaly & Weinberger
Prospect Rd ProjectProspect Road Project
General Legal
Guerra Construction CIP Streets Project
SCC Office of the Sheriff
Accounts Payable
Accounts Payable
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
SARATOGA CITY COUNCIL
MEETING DATE: July 6, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended April 30, 2016
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended April 30, 2016.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of April 30, 2016, the City had $2,117,186 in cash deposit at Comerica bank, and $19,221,675 on deposit
with LAIF. Council Policy on Working Capital Reserve Funds, adopted on April 20, 1994, states that: for
cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be
allowed to fall below $2,000,000. The total pooled cash balance as of April 30, 2016 is $21,338,861 and
exceeds the minimum limit required.
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Unrestricted Cash
Comerica Bank 2,117,186$
Deposit with LAIF 19,221,675$
Total Unrestricted Cash 21,338,861$
Cash Summary
42
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as
follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point
of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains binding unless removed in
the same manner; “assigned fund balance”, resources that reflects a government’s intended use of
resources, such intent would have to be established at either the highest level of decision making, by a body,
or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what
can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves
fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 21,338,861$
Plus: Assets 797,286
Less: Liabilities (2,532,519)
Ending Fund Balance 19,603,628$
Adjusting Cash to Ending Fund Balance
43
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/15
Increase/
(Decrease)
Jul-Mar
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
4/30/16
General Fund
Restricted Fund Balances:
Environmental Services Reserve 363,182 - - - - - 363,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 1,657,896 - - - 120,000 1,777,896 -
Facility Reserve 900,000 - - - - - 900,000
Carryforwards Reserve 176,560 - - - - - 176,560
Unassigned Fund Balances: -
Working Capital Reserve 2,007,545 - - - - - 2,007,545
Fiscal Stabilization Reserve 1,000,000 - - - - - 1,000,000
Development Services Reserve 713,891 - - - - 60,000 653,891
Compensated Absences Reserve 208,167 - - - - - 208,167
Other Unassigned Fund Balance Reserve (Pre YE distributio n 1,779,490 (93,700) 4,255,001 1,235,558 (120,000) 139,760 4,445,474
General Fund Total 9,806,731 (93,700) 4,255,001 1,235,558 - 1,977,656 10,754,819
Special Revenue
Landscape/Lighting Districts 867,643 46,709 56,710 29,697 - - 941,365
Capital Project
Street Projects 1,041,388 (365,105) 18,220 39,443 1,163,760 - 1,818,821
Park and Trail Projects 888,565 (500,458) 40,950 19,665 328,068 64,068 673,392
Facility Projects 347,618 (149,066) - 2,936 233,896 - 429,512
Administrative Projects 367,869 (76,618) 2,129 22,527 285,000 - 555,853
Tree Fund Projects 56,248 5,710 - - - - 61,958
Park In-Lieu Fees Projects 276,753 94,512 - - 31,000 - 402,265
CIP Grant Street Projects 8,294 (90,154) - 40 - - (81,901)
CIP Grant Park & Trail Projects 17,427 1,385 - (2,394) - - 21,206
Gas Tax Fund Projects 854,615 378,897 - - 33,878 33,878 1,233,511
CIP Fund Total 3,858,778 (700,898) 61,299 82,217 2,075,602 97,946 5,114,617
Debt Service
Library Bond 906,600 (368,120) 4,250 - - - 542,730
Internal Service Fund
Liability/Risk Management 291,263 (31,881) 1,883 6,252 - - 255,013
Workers Compensation 314,525 (12,230) 4,877 41,125 - - 266,047
Office Support Fund 75,075 14,556 529 2,827 - - 87,333
Information Technology Services 260,322 3,802 558 31,081 - - 233,601
Equipment Maintenance 115,564 47,810 - 17,725 - - 145,649
Building Maintenance 268,326 103,867 485 53,746 - - 318,932
Equipment Replacement 649,498 99,755 - 179,185 - - 570,067
Technology Replacement 194,101 80,726 - 13,000 - - 261,827
Building FFE Replacement - 113,068 - 1,440 - - 111,628
-
Total City 17,608,426 (696,537) 4,385,592 1,693,852 2,075,602 2,075,602 19,603,628
44
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Mar
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
4/30/16
Street Projects
Annual Street Resurfacing - 122,127 18,220 - 64,760 - 205,107
Residential Street Construction 243,612 (173,690) - - 300,000 - 369,922
Roadway Maintenance and Repairs - (265,509) - 39,135 375,000 - 70,355
EV Stations - - - - 100,000 - 100,000
Roadway Safety & Traffic Calming 27,114 (15,975) - - 50,000 - 61,139
Highway 9 Safety Project - Phase IV 121,019 (607) - - - - 120,412
Beaumont Traffic Circle - - - - 30,000 - 30,000
Village LED Streetlights 5,007 (172) - - - - 4,835
Annual Sidewalks Project 46,702 (48,470) - - 50,000 - 48,232
Annual Storm Drain Upgrade 9,352 (54,437) - - 50,000 - 4,915
CRB & Gutter Maintenance and Repair - - - - 50,000 - 50,000
Village-Streetscape Improvements 25,059 - - - - - 25,059
Village Sidewalk Curb & Gutter Construction - Phase II 85,281 (36,942) - 307 - - 48,031
EL Camino Grande SD Pump 150,000 (4,125) - - - - 145,875
Saratoga Hills SD Pump - (12,435) - - 44,000 - 31,565
Storm Drain Capture Device 30,000 - - - - - 30,000
Wildcat Creek Outfall 40,000 - - - - - 40,000
Fourth Street Bridge 100,000 - - - - - 100,000
Quito Road Bridge Replacement Design 59,500 129,188 - - - - 188,687
Bridge Maintenance & Repairs - (3,825) - - 50,000 - 46,175
Quito Road Bridge - ROW ACQ - (233) - - - (233)
Underground Project 98,744 - - - - - 98,744
Total Street Projects 1,041,388 (365,105) 18,220 39,443 1,163,760 - 1,818,821
Parks & Trails Projects
Park/Trail Repairs 67,929 (290) - 3,265 - 64,068 307
Park Pathway Repairs - - - - 50,000 - 50,000
Sustainable Landscaping - (36,489) 40,950 7,423 89,068 - 86,106
Hakone Garden Matching Funds 193,991 (83,102) - 8,977 - - 101,912
Hakone Garden Upper Moon House 125,000 - - - - - 125,000
Quarry Park Plan Implement 290,768 (376,818) - - 90,000 - 3,950
Quarry Park Row Acquisition 100,000 - - - - - 100,000
Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997
Guava/Fredericksburg Entrance 45,880 - - - - - 45,880
Saratoga Village Creek Trail - Design 31,000 (3,760) - - 18,000 - 45,241
Saratoga Village Creek Trail - Construction - - - - 81,000 - 81,000
Total Parks & Trails Projects 888,565 (500,458) 40,950 19,665 328,068 64,068 673,392
Facility Projects
Facility Projects 43,500 (43,500) - - - - -
Security Locks 53,007 (29,629) - - - - 23,378
City Hall Emergency Power Backup 325 (325) - - - - -
Master Switch - Electrical Board 73,498 (73,038) - - - - 460
ENG/CDD Window Replacement - - - - 40,000 - 40,000
Civic Theater Improvements 87,882 11,807 - 1,436 - - 98,252
Civic Theater Master Plan Improvements 64,900 (13,385) - 1,500 - - 50,015
Theater Boiler Replacement - - - - 90,000 - 90,000
Theater Rooftop Duct Work - - - - 90,000 - 90,000
Pre-School Playground Structure 10,458 (5,996) - - - - 4,462
SPCC Furniture & Fixtures - - - - 13,896 - 13,896
McWilliams House Improvements - Phase II 3,578 - - - - - 3,578
Library Building Exterior Maintenance Projects 10,470 5,000 - - - - 15,470
Total Facility Projects 347,618 (149,066) - 2,936 233,896 - 429,512
45
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Mar
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
4/30/16
Administrative Projects
Financial System Upgrade 3,534 - - - - - 3,534
COMB Document Imaging Project 57,894 (11,470) - 1,027 - - 45,397
City Website/Intranet - (5,591) - - 75,000 - 69,409
Development Technology 22,928 14,098 2,129 - - - 39,155
Trak-It Software Upgrade - - - 17,092 60,000 - 42,908
LLD Initiation Match Program 49,000 - - - - - 49,000
Horseshoe Beautification 25,000 - - - - - 25,000
General Plan Update 100,000 - - - - - 100,000
Village Façade Program 20,321 - - - - - 20,321
Village Specific Plan Update - (48,639) - 1,586 100,000 - 49,775
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 64,192 (25,015) - 2,822 50,000 - 86,354
Total Administrative Projects 367,869 (76,618) 2,129 22,527 285,000 - 555,853
Tree Fund Projects
Citywide Tree Planting Program 33,248 5,460 - - - - 38,708
Tree Dedication Program 21,250 250 - - - - 21,500
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 56,248 5,710 - - - - 61,958
CIP Grant Street Projects
Prospect/Saratoga Median Improvement - - - 40 - - (40)
Citywide Signal Upgrade II (924) (41) - - - (965)
Saratoga Ave Sidewalk 9,218 (5,655) - - - - 3,563
Village Phase II - Construction - (84,458) - - - (84,458)
Total CIP Grant Street Projects 8,294 (90,154) - 40 - - (81,901)
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 4,618 1,385 - (2,394) - - 8,397
Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 17,427 1,385 - (2,394) - - 21,206
Park In-Lieu Fees Projects
Quarry Park Plan Implement 153,888 (153,888) - - - - -
Saratoga Village Creek Trail - Design - - - - 31,000 - 31,000
Saratoga Village Creek - Construction 19,000 - - - - - 19,000
Unallocated Park Fees 103,865 248,400 - - - - 352,265
Total park In-Lieu Fees Projects 276,753 94,512 - - 31,000 - 402,265
Gas Tax Fund Projects
Annual Street Resurfacing 108,068 449,289 - - 33,878 - 591,234
Prospect/Saratoga OBAG Improvement 544,825 (70,382) - - - - 474,443
Citywide Signal Upgrade II 99,769 (10) - - - - 99,759
Arroyo de Arguello Storm Drain 33,878 - - - - 33,878 -
Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000
OBAG Big Basin Way S/WCG 20,990 - - - - - 20,990
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 854,615 378,897 - - 33,878 33,878 1,233,511
Total CIP Funds 3,858,778 (700,898) 61,299 82,217 2,075,602 97,946 5,114,617
46
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
47
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46
Quarterly Apportionment Rates
Local Agency Investment Fund
48
SARATOGA CITY COUNCIL
MEETING DATE: July 6, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended May 31, 2016
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended May 31, 2016.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of May 31, 2016, the City had $281,191 in cash deposit at Comerica bank, and $20,431,675 on deposit
with LAIF. Council Policy on Working Capital Reserve Funds, adopted on April 20, 1994, states that: for
cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be
allowed to fall below $2,000,000. The total pooled cash balance as of May 31, 2016 is $20,712,866 and
exceeds the minimum limit required.
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Unrestricted Cash
Comerica Bank 281,191$
Deposit with LAIF 20,431,675$
Total Unrestricted Cash 20,712,866$
Cash Summary
49
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as
follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point
of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains binding unless removed in
the same manner; “assigned fund balance”, resources that reflects a government’s intended use of
resources, such intent would have to be established at either the highest level of decision making, by a body,
or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what
can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves
fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 20,712,866$
Plus: Assets 717,365
Less: Liabilities (2,596,319)
Ending Fund Balance 18,833,912$
Adjusting Cash to Ending Fund Balance
50
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/15
Increase/
(Decrease)
Jul-Apr
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
5/31/16
General Fund
Restricted Fund Balances:
Environmental Services Reserve 363,182 - - - - - 363,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 1,657,896 - - - 120,000 1,777,896 -
Facility Reserve 900,000 - - - - - 900,000
Carryforwards Reserve 176,560 - - - - - 176,560
Unassigned Fund Balances: -
Working Capital Reserve 2,007,545 - - - - - 2,007,545
Fiscal Stabilization Reserve 1,000,000 - - - - - 1,000,000
Development Services Reserve 713,891 - - - - 60,000 653,891
Compensated Absences Reserve 208,167 - - - - - 208,167
Other Unassigned Fund Balance Reserve (Pre YE distributio n 1,779,490 2,925,744 761,587 1,239,046 (120,000) 139,760 3,968,015
General Fund Total 9,806,731 2,925,744 761,587 1,239,046 - 1,977,656 10,277,360
Special Revenue
Landscape/Lighting Districts 867,643 73,721 1,646 37,780 - - 905,231
Capital Project
Street Projects 1,041,388 (386,327) 18,220 101,291 1,163,760 - 1,735,750
Park and Trail Projects 888,565 (479,173) - 61,101 328,068 64,068 612,290
Facility Projects 347,618 (152,002) 4,106 21,176 233,896 - 412,442
Administrative Projects 367,869 (97,017) 2,667 1,248 285,000 - 557,272
Tree Fund Projects 56,248 5,710 - 19,096 - - 42,862
Park In-Lieu Fees Projects 276,753 94,512 - - 31,000 - 402,265
CIP Grant Street Projects 8,294 (90,195) - 16,354 - - (98,255)
CIP Grant Park & Trail Projects 17,427 3,779 - - - - 21,206
Gas Tax Fund Projects 854,615 378,897 55,196 37,181 33,878 33,878 1,251,527
CIP Fund Total 3,858,778 (721,817) 80,189 257,446 2,075,602 97,946 4,937,360
Debt Service
Library Bond 906,600 (363,870) 5,421 - - - 548,151
Internal Service Fund
Liability/Risk Management 291,263 (36,250) - 6,193 - - 248,820
Workers Compensation 314,525 (48,478) - 2,412 - - 263,635
Office Support Fund 75,075 12,258 1,317 4,399 - - 84,251
Information Technology Services 260,322 (26,721) 543 29,549 - - 204,595
Equipment Maintenance 115,564 30,085 - 14,680 - - 130,969
Building Maintenance 268,326 50,606 1,356 52,391 - - 267,897
Equipment Replacement 649,498 (79,431) 22,734 612 - - 592,189
Technology Replacement 194,101 67,726 - - - - 261,827
Building FFE Replacement - 111,628 - - - - 111,628
-
Total City 17,608,426 1,995,202 874,794 1,644,509 2,075,602 2,075,602 18,833,912
51
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Apr
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
5/31/16
Street Projects
Annual Street Resurfacing - 140,347 18,220 3,123 64,760 - 220,205
Residential Street Construction 243,612 (173,690) - - 300,000 - 369,922
Roadway Maintenance and Repairs - (304,645) - 45,207 375,000 - 25,148
EV Stations - - - - 100,000 - 100,000
Roadway Safety & Traffic Calming 27,114 (15,975) - 792 50,000 - 60,347
Highway 9 Safety Project - Phase IV 121,019 (607) - 263 - - 120,149
Beaumont Traffic Circle - - - - 30,000 - 30,000
Village LED Streetlights 5,007 (172) - - - - 4,835
Annual Sidewalks Project 46,702 (48,470) - 3,500 50,000 - 44,732
Annual Storm Drain Upgrade 9,352 (54,437) - - 50,000 - 4,915
CRB & Gutter Maintenance and Repair - - - 38,100 50,000 - 11,900
Village-Streetscape Improvements 25,059 - - - - 25,059
Village Sidewalk Curb & Gutter Construction - Phase II 85,281 (37,250) - 10,306 - - 37,725
EL Camino Grande SD Pump 150,000 (4,125) - - - - 145,875
Saratoga Hills SD Pump - (12,435) - - 44,000 - 31,565
Storm Drain Capture Device 30,000 - - - - - 30,000
Wildcat Creek Outfall 40,000 - - - - - 40,000
Fourth Street Bridge 100,000 - - - - - 100,000
Quito Road Bridge Replacement Design 59,500 129,188 - - - - 188,687
Bridge Maintenance & Repairs - (3,825) - - 50,000 - 46,175
Quito Road Bridge - ROW ACQ - (233) - - - (233)
Underground Project 98,744 - - - - - 98,744
Total Street Projects 1,041,388 (386,327) 18,220 101,291 1,163,760 - 1,735,750
Parks & Trails Projects
Park/Trail Repairs 67,929 (3,555) - - - 64,068 307
Park Pathway Repairs - - - 50,000 50,000 - -
Sustainable Landscaping - (2,962) - 9,037 89,068 - 77,068
Hakone Garden Matching Funds 193,991 (92,079) - 2,064 - - 99,847
Hakone Garden Upper Moon House 125,000 - - - - - 125,000
Quarry Park Plan Implement 290,768 (376,818) - - 90,000 - 3,950
Quarry Park Row Acquisition 100,000 - - - - - 100,000
Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997
Guava/Fredericksburg Entrance 45,880 - - - - - 45,880
Saratoga Village Creek Trail - Design 31,000 (3,760) - - 18,000 - 45,241
Saratoga Village Creek Trail - Construction - - - - 81,000 - 81,000
Total Parks & Trails Projects 888,565 (479,173) - 61,101 328,068 64,068 612,290
Facility Projects
Facility Projects 43,500 (43,500) - - - - -
Security Locks 53,007 (29,629) - - - - 23,378
City Hall Emergency Power Backup 325 (325) - - - - -
Master Switch - Electrical Board 73,498 (73,038) - - - - 460
ENG/CDD Window Replacement - - - 16,241 40,000 - 23,759
Civic Theater Improvements 87,882 10,371 4,106 4,935 - - 97,423
Civic Theater Master Plan Improvements 64,900 (14,885) - - - - 50,015
Theater Boiler Replacement - - - - 90,000 - 90,000
Theater Rooftop Duct Work - - - - 90,000 - 90,000
Pre-School Playground Structure 10,458 (5,996) - - - - 4,462
SPCC Furniture & Fixtures - - - - 13,896 - 13,896
McWilliams House Improvements - Phase II 3,578 - - - - - 3,578
Library Building Exterior Maintenance Projects 10,470 5,000 - - - - 15,470
Total Facility Projects 347,618 (152,002) 4,106 21,176 233,896 - 412,442
52
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Apr
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
5/31/16
Administrative Projects
Financial System Upgrade 3,534 - - - - - 3,534
COMB Document Imaging Project 57,894 (12,497) - - - - 45,397
City Website/Intranet - (5,591) - - 75,000 - 69,409
Development Technology 22,928 16,227 2,667 - - - 41,822
Trak-It Software Upgrade - (17,092) - - 60,000 - 42,908
LLD Initiation Match Program 49,000 - - - - - 49,000
Horseshoe Beautification 25,000 - - - - - 25,000
General Plan Update 100,000 - - - - - 100,000
Village Façade Program 20,321 - - - - - 20,321
Village Specific Plan Update - (50,225) - 1,039 100,000 - 48,736
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 64,192 (27,838) - 209 50,000 - 86,145
Total Administrative Projects 367,869 (97,017) 2,667 1,248 285,000 - 557,272
Tree Fund Projects
Citywide Tree Planting Program 33,248 5,460 - 19,096 - - 19,612
Tree Dedication Program 21,250 250 - - - - 21,500
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 56,248 5,710 - 19,096 - - 42,862
CIP Grant Street Projects
Prospect/Saratoga Median Improvement - (40) - - - - (40)
Citywide Signal Upgrade II (924) (41) - - - (965)
Saratoga Ave Sidewalk 9,218 (5,655) - - - - 3,563
Village Phase II - Construction - (84,458) - 16,354 - (100,812)
Total CIP Grant Street Projects 8,294 (90,195) - 16,354 - - (98,255)
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 4,618 3,779 - - - - 8,397
Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 17,427 3,779 - - - - 21,206
Park In-Lieu Fees Projects
Quarry Park Plan Implement 153,888 (153,888) - - - - -
Saratoga Village Creek Trail - Design - - - - 31,000 - 31,000
Saratoga Village Creek - Construction 19,000 - - - - - 19,000
Unallocated Park Fees 103,865 248,400 - - - - 352,265
Total park In-Lieu Fees Projects 276,753 94,512 - - 31,000 - 402,265
Gas Tax Fund Projects
Annual Street Resurfacing 108,068 449,289 55,196 5,732 33,878 - 640,699
Prospect/Saratoga OBAG Improvement 544,825 (70,382) - 31,449 - - 442,994
Citywide Signal Upgrade II 99,769 (10) - - - - 99,759
Arroyo de Arguello Storm Drain 33,878 - - - - 33,878 -
Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000
OBAG Big Basin Way S/WCG 20,990 - - - - - 20,990
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 854,615 378,897 55,196 37,181 33,878 33,878 1,251,527
Total CIP Funds 3,858,778 (721,817) 80,189 257,446 2,075,602 97,946 4,937,360
53
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
54
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46
Quarterly Apportionment Rates
Local Agency Investment Fund
55
SARATOGA CITY COUNCIL
MEETING DATE: July 6, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Anthony McFarlane, Finance Manager
SUBJECT: Resolution to Establish Property Tax Levy for Debt Service Payments on the
Library General Obligation Bonds
RECOMMENDED ACTION:
Adopt the attached resolution which sets the property tax levy rate to provide for the Library General
Obligation Bond's debt service payment at $.0060 per $100 of Assessed Valuation.
BACKGROUND:
In March 2000, the citizens of Saratoga voted to approve a $15,000,000 General Obligation (GO) Bond
issuance to pay for improvements to the Saratoga Community Library Building.
GO Bonds are tax-exempt debt obligations secured by the City’s statutory aut hority to levy ad valorem
taxes on real and personal property located within city boundaries for payment of the bond’s principal,
interest, and administrative expenses. The County of Santa Clara collects the GO Bond levy along with
property taxes, and subsequently remits the assessments to the City. The City in turn, dispenses payments
on behalf of the bond debt. The City does not receive revenue for this administrative obligation, nor
expend any City funds for the bond debt.
The General Obligation Bonds were issued in May of 2001, and debt service payments began in February
2002. At the time the GO Bonds were issued, competitive interest rates ranged between 5 and 6%. With
interest rates falling to historic lows in 2011, and with the GO Bonds becomi ng eligible for redemption
without penalty in year 10, it was financially advantageous for the City to refund the outstanding bond
debt. Therefore, the 2001 Series General Obligation Bonds were refunded on August 1, 2011 saving the
City’s residents $2,677,041 in interest over the remaining twenty years of the bond term.
For the purpose of assessing a levy to the City’s property owners to fund debt service payments, the
County of Santa Clara requires local jurisdictions to adopt a resolution each year which establishes the
annual tax levy rate. The tax levy rate may adjust from year to year due to ongoing increases in property
values (resulting in higher tax receipts) and decreasing annual debt service payments due on the bonds.
Santa Clara County’s Auditor-Controller’s Office does not provide a secured Assessed Valuation (AV)
report for the upcoming fiscal year until just days before the tax levy rate is due to the County on August
1st. This timing does not leave sufficient time for the Council to approve the levy based on the actual AV
amount, therefore, an estimate from the Assessor’s most recent Secured Property Roll Growth
Comparison report is used to prepare the tax rate calculation.
56
In prior years, the City’s tax levy rate was structured to yield an amount approximately equal to the fiscal
year’s debt service, however with rising property tax growth, the assessment revenue collected surpassed
debt service payments and the Debt Fund reserves grew to exceed debt service payment requirements.
Beginning in FY 2009/10, the property tax levy rate calculation was structured to provide slightly less
than debt service payments to reduce this reserve balance. With the bond refunding the levy rate was
again lowered, however as property values rising rapidly over the last few years, the assessment revenues
were higher than expected, and the levy rate has been lowered further each year to try and reduce the Debt
Fund reserve. The rate will need to be lowered again next fiscal year.
Fiscal Year 2016/17 Bond Payments
There are two debt service payments each year: principal and interest in August, and interest only in
February. This means that at a minimum, the year-end Debt Service Fund Balance Reserve should
provide sufficient funding for the August debt service payment, as payment is required prior to the
property tax levy being remitted to the City. The estimated FY 2015/16 ending fund balance is $867,815,
and the August debt service payment is approximately $665,000, therefore sufficient funding is available.
For your reference, annual principal and interest debt service payments are shown on the debt schedule
attached to this report.
The Library bond’s total annual principal and interest debt service requirements and estimated
administrative fees for next fiscal year are shown below:
FY 2016/17 Debt Service
Debt Service – Principal $ 475,000
Debt Service – Interest $ 371,210
Debt Service – Fees $ 1,775
Total Annual Debt Service $ 847,985
The Tax Assessor’s roll as of June 1, 2016 lists the City of Saratoga’s Total Assessed Valuation (AV) on
the Current Assessor’s Working File (CAWF) Roll for FY 2016/17 at $13,762,292,414. This AV
amount is factored into the Total Debt Service expenditure amount to determine the annual recovery levy
rate per $100 of estimated assessed valuation:
Fully Funded Levy Calculation
Debt Service recovery amount $ 847,985
Divided per $100 of estimated valuation $ 137,622,924
Fully Funded Levy Rate .00616
However, with the intent to reduce the Debt Service Fund’s Fund Balance Reserve through slow but
steady reductions, staff recommends the Property Tax Levy Rate be set lower than t he rate calculated
above to provide full debt service funding. Lowering the current rate to .0060 (rate rounded to 4
decimals per Assessor) will result in total tax assessment receipts of approximately $8 25,965, thereby
reducing the current Fund Balance Reserve by approximately $22,020.
Reduced Levy Calculation
AV divided per $100 of estimated valuation $ 137,622,924
Reduced Property Tax Levy Rate . .0060
Reduced Levy Rate $ 825,965
With this reduction, the Debt Service Fund’s Fund Balance Reserve would be lowered to approximately
$845,795 at FY 2016/17 year-end. A gradual levy rate decrease is intended to prevent upward swings in
the tax rate levy at a later date.
On the property tax bill, this assessment is equivalent to $60 per $1,000,000 of assessed valuation. The
tax levy is designated specifically for funding the annual debt service requirements of the voter approved 57
General Obligation Bond, with the tax revenue receipts included in the City’s operating budget, within the
Library Bond Debt Service Fund.
For historical reference, the following schedule displays the City’s adopted annual property tax levy rates
since first assessed in FY 2001/02:
Library General Obligation Bond
Tax Levy Rate History
The Council could choose to approve an alternative property tax levy rate, or to not approve a tax levy
rate. If the property tax levy is not approved, supplemental funds would not be collected by the Santa
Clara County Tax Assessor for the debt service related to the Library General Obligation Bond, and the
debt service payments would be funded from City reserves, or result in default.
A certified copy of the adopted resolution setting the property tax levy for the Library General Obligation
Bond will be sent to the Santa Clara County Assessor’s Office no later than August 1st.
ATTACHMENTS
A: General Obligation Bond Debt Service Schedule
B. Resolution authorizing the Tax Rate Levy for the General Obligation Bonds and report the levy rate
to the Santa Clara County Tax Collector.
Fiscal Year Rate
2001/02 0.01673
2002/03 0.01650
2003/04 0.01210
2004/05 0.01484
2005/06 0.01170
2006/07 0.00955
2007/08 0.01130
2008/09 0.01040
2009/10 0.00940
2010/11 0.00940
2011/12 0.00880
2012/13 0.00800
2013/14 0.00740
2014/15 0.00700
2015/16 0.00650
2016/17 0.00600
58
Attachment A
August August February Fiscal Year Bond
Fiscal Interest Annual Interest Interest Annual Debt Principal
Year Rate Principal Payment Payment Interest Service Balance @ YE
Refunded Bond Issuance dated August 1, 2011 11,995,000
2011/12 2.00%- - 228,211 228,211 228,211 11,995,000
2012/13 2.00%455,000 208,518 203,968 412,485 867,485 11,540,000
2013/14 2.00%485,000 203,968 199,118 403,085 888,085 11,055,000
2014/15 2.00%495,000 199,118 194,168 393,285 888,285 10,560,000
2015/16 2.00%500,000 194,168 189,168 383,335 883,335 10,060,000
2016/17 3.00%475,000 189,168 182,043 371,210 846,210 9,585,000
2017/18 3.00%485,000 182,043 174,768 356,810 841,810 9,100,000
2018/19 4.00%500,000 174,768 164,768 339,535 839,535 8,600,000
2019/20 4.00%525,000 164,768 154,268 319,035 844,035 8,075,000
2020/21 4.00%545,000 154,268 143,368 297,635 842,635 7,530,000
2021/22 3.00%565,000 143,368 134,893 278,260 843,260 6,965,000
2022/23 4.00%580,000 134,893 123,293 258,185 838,185 6,385,000
2023/24 4.00%610,000 123,293 111,093 234,385 844,385 5,775,000
2024/25 4.00%630,000 111,093 98,493 209,585 839,585 5,145,000
2025/26 3.50%655,000 98,493 87,030 185,523 840,523 4,490,000
2026/27 3.50%685,000 87,030 75,043 162,073 847,073 3,805,000
2027/28 3.70%705,000 75,043 62,000 137,043 842,043 3,100,000
2028/29 4.00%730,000 62,000 47,400 109,400 839,400 2,370,000
2029/30 4.00%760,000 47,400 32,200 79,600 839,600 1,610,000
2030/31 4.00%790,000 32,200 16,400 48,600 838,600 820,000
2031/32 4.00%820,000 16,400 - 16,400 836,400 -
TOTAL PAYMENTS 11,995,000 2,601,993 2,621,686 5,223,678 17,218,678
Total Bond Principal payments 11,995,000
Total Bond Interest payments 5,223,678
Total Cost of Bond Issuance 17,218,678
City of Saratoga
2011 General Obligation Bond
Debt Schedule
59
Attachment B
RESOLUTION 16-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING THE FY 2016/17 PROPERTY TAX ASSESSMENT RATE FOR DEBT
SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BOND
WHEREAS, in March 2000, the citizens of Saratoga approved an increase in their property tax
rate to pay for the debt service and other expenses of the general obligation bonds for the construction of
the Library; and
WHEREAS, the general obligation bonds were originally sold on April 24, 2001; and
WHEREAS, the original general obligation bonds were refunded on August 1, 2011 ; and
WHEREAS, it is necessary for the City Council of the City of Saratoga to establish an annual
property tax levy rate to provide funds for the debt service payments and related expenditures during the
fiscal year,
NOW, THEREFORE, be it resolved by the City Council of the City of Saratoga that the FY 2016/17
Property Tax Levy rate for debt service on the Library General Obligation Bonds be established at $.0060
per $100 of assessed valuation.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 6th day of July 2016 by the following vote:
NOES:
ABSENT:
ABSTAIN:
______________________________
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
60
SARATOGA CITY COUNCIL
MEETING DATE: July 6, 2016
DEPARTMENT: City Manager’s Office
PREPARED BY:Debbie Bretschneider, Deputy City Clerk
SUBJECT: Resolution Authorizing Final Disposition of Certain City Records
RECOMMENDED ACTION:
Adopt resolution authorizing final disposition of certain city records.
REPORT SUMMARY:
On June 17, 2015, the City Council approved a new Records Retention Schedule. In accordance
with the schedule, staff and the City Attorney review archived documents to determine those that
are nonessential and can, therefore, be shredded.
In order to comply with State law, processing expired records for destruction is a multi-step
process:
1.Staff in each department identifies records for which the retention period has expired in
accordance with the approved records retention schedule. Each box is looked through to
make sure it does not include records that must be retained.
2.Department directors review and approve the list of records to be destroyed in their
departments.
3.The City Clerk and City Attorney review and approve a combined list of all expired records.
4.The list of records is presented to the City Council along with a resolution authorizing the
shredding of listed documents. Records may not be shredded without the authorization of the
City Council.
At this time, staff has identified 13 boxes of expired records and is requesting authorization from
the Council to proceed with shredding the documents.
FOLLOW UP ACTION:
Consistent with the City’s standard policy, the records will be held for seven days for review
pursuant to the Public Records Act. If no request for review is submitted, they will be promptly
destroyed. If a request for review is submitted, the records will be destroyed between 20 and 30
days after they have been made available for review.
ATTACHMENTS:
Attachment 1 -Resolution Authorizing the Final Disposition of Certain City Records
61
Attachment 2 -Exhibit A: List of Records Proposed for Final Disposition
556489.1
62
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE FINAL DISPOSITION OF CERTAIN CITY RECORDS
WHEREAS, Government Code Section 34090 et seq. authorizes City department heads to
destroy certain records, documents, instruments, books or paper after the same are no longer required
with the approval of the legislative body by resolution and the written consent of the City Attorney.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows:
1.Department heads are hereby authorized to have destroyed those certain records,
documents, instruments, books or paper under their charge as described in Exhibit ‘A.
2.The records, documents, emails, instruments, books or paper described in Exhibit ‘A
shall be held for seven days for review pursuant to the Public Records Act prior to
destruction. If no request for review is submitted within that time, they shall be
promptly destroyed. If a request for review is submitted, the records shall be destroyed
not less than twenty days and not more than thirty days after the records have been
made available for review.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 6th day of July, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
E. Manny Cappello, Mayor
ATTEST:
____________________________
Crystal Bothelio, City Clerk
CITY ATTORNEY CONSENT TO DESTRUCTION
OF THE RECORDS, DOCUMENTS, INSTRUMENTS,
BOOKS OR PAPER DESCRIBED IN EXHIBIT ‘A.:
__________________________
Richard Taylor
City Attorney
63
July 2016 destruction list
Department Description
Earliest
Destruction
date
Length of
Retention
16B CMO
Scanned, Terminated Contracts 1997-
1999 1/1/2015 Closure +10
528 Finance
Employee Timesheets, Record Dates
07/06 TO 06/07 12/31/2014 Audit +6
534 Finance
Terminated Employees, Payroll folder
Record Dates 01/05 TO 12/05 12/31/2012 Audit + 6
536 Finance
Terminated Employees, Payroll folder
; Record Dates 01/04 TO 12/04 12/31/2011 Audit + 6
626 Finance
Bank Statements and Reconciliations
FY 2009 12/31/2015 Audit +5
655 Finance FY 2009/10 Bank statements 12/31/2015 Audit +5
656 Finance FY 2009/10 Bank statements 12/31/2015 Audit +5
812 Finance Payroll reports 7/2007- 9/2007 12/31/2014 Audit +6
813 Finance Payroll reports 10/2007- 12/2007 12/31/2014 Audit +6
814 Finance Payroll reports 1/2008-3/2008 12/31/2015 Audit +6
815 Finance Payroll reports 3/2008-6/2008 12/31/2015 Audit +6
816 Finance Payroll reports 6/2008-8/2008 12/31/2015 Audit +6
817 Finance Payroll reports 9/2008-12/2008 12/31/2015 Audit +6
64
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Richard S. Taylor, City Attorney
SUBJECT:Amendments to Joint Powers Agreement for the Silicon Valley Regional
Interoperability Authority
RECOMMENDED ACTION:
Move to authorize the City Manager to sign the amended Joint Powers Agreement (JPA) for the
Silicon Valley Regional Interoperability Authority (SVRIA).
BACKGROUND:
The City of Saratoga is a member of SVRIA, a joint powers authority created in November 2009
for the purpose of enhancing and improving communications, data sharing and other
technological systems, tools and processes for protection of the public and public safety and to
facilitate related local and regional cooperative efforts.
The Board of Directors of SVRIA has reviewed and recommended certain amendments to the
JPA, the primary purpose of which is to add the Santa Clara Valley Transportation Authority
(VTA) as a member of SVRIA. Details of the proposed amendments are in the attached
memorandum, “Request for Approval of Restated Silicon Valley Regional Interoperability
Authority Joint Powers Agreement to Accommodate Santa Clara Valley Transportation Authority
as an Additional Member” (Attachment A). A copy of the revised Joint Powers Agreement is
attached as Attachment B.
FISCAL STATEMENT:
If these JPA changes are approved by all current members of the SVRIA and VTA completes the
remaining requirements, then the current members’ costs will be reduced because fixed costs will
be spread over more members. If one or more current members declines to approve these JPA
changes, then VTA could consider withdrawing. If this were to happen, the current members’
costs would rise proportionately.
65
ATTACHMENTS:
Attachment A – Request for Approval of Restated Silicon Valley Regional Interoperability
Authority Joint Powers Agreement to Accommodate Santa Clara Valley
Transportation Authority as an Additional Member
Attachment B – Proposed Revised and Restated Joint Powers Agreement for the Silicon Valley
Regional Interoperability Authority
797150.1
2
66
Silicon Valley Regional Interoperability Authority
TO:City Managers, Town Manager,
County Administrator, City
Attorneys, Town Attorney and County Counsel
FROM:Heather Tannehill-Plamondon, Executive Director SVRIA
Gary M. Baum, General Counsel SVRIA
SUBJECT:Request for Approval of Restated Silicon Valley Regional
Interoperability Authority Joint Powers Agreement to Accommodate
Santa Clara Valley Transportation Authority as an Additional
Member.
REQUEST:
The Board of Directors of the Silicon Valley Regional Interoperability Authority (“SVRIA)
request that the current Members of SVRIA approve revisions to the Joint Powers Agreement
(“JPA”) in order to accommodate a new member, the Santa Clara Valley Transportation
Authority (“VTA”).
SUMMARY/DISCUSSION:
On May 26, 2016, the Board of Directors of the SVRIA reviewed and recommended certain
changes to the Joint Powers Agreement in order to include the VTA as a voting member of the
Board of Directors. These changes were based upon input from the Working Committee, City
Attorneys, City Managers, County Administrator, and VTA as well as direction from the Board
itself.
In the summer of 2015, VTA entered into a Memorandum of Understanding (“MOU”) with the
SVRIA to become a participant in the Silicon Valley Regional Communication System
(“SVRCS”). As part of their request, VTA agreed to share the costs of SVRCS. In addition,
VTA required that they receive two seats on the Board of Directors of SVRIA. One of VTA’s
seats will be an elected member of VTA’s Board or of its Policy Committee. The second Board
seat will be designated for the VTA’s General Manager or designee.
VTA brings approximately 2000 new users into the SVRCS. This would make VTA the third
largest member in SVRIA, after the City of San Jose and the County of Santa Clara. In addition,
VTA will make proportionate capital payments to the SVRCS in an amount totaling
approximately $5,500,000 over three years. Starting in fiscal year 2018 – 2019, VTA would
begin making annual operations and maintenance payments in excess of $700,000. By adding
this additional Member, all other Members’ payments will be reduced. VTA has requested two
Board seats. This is proportionate with VTA’s size and status as the third largest Member of
SVRIA. The JPA requires that any changes to the JPA be approved unanimously in order for
them to take effect. Thus, these changes will require approval every City and the County in
order for the changes to take effect.
1
67
The changes recommended by the SVRIA Board of Directors address VTA’s requests and those
of the Working Committee, County Administrator and City Managers. Any additional changes at
this time would require the approval of the Working Committee and Board of Directors. This
would substantially delay VTA’s entry onto the Board and SVRIA and ultimately could cause
VTA to reconsider its commitment to SVRCS. Our goal is to complete the review and approval
by all current Members no later than September 1, 2016.
The changes are summarized below.
1.Cover page change made to reflect the Restatement Date to be filled in following
unanimous approval of all Members of SVRIA.
2.Page 1, first paragraph, original Effective Date is described by including the original date
of adoption of the JPA document in November, 2009.
3.Page 1, first paragraph, Restatement Date is included as the date of unanimous approval
by all Members of SVRIA.
4.Page 1, Recital H added to explain that the changes made are based upon the request of
VTA.
5.Page 2, Section 1.9, the definition of Members is expanded to include the Santa Clara
Valley Transportation Authority (“VTA”).
6.Page 3, Section 1.12 added to define Restatement Date as the date the JPA Restatement is
unanimously approved by all of the Member Agencies.
7.Page 6, Section 3.5 was amended to correct a reference to Section 3.3 that should have
been listed as Section 3.4.
8.Page 6, Section 4 Members is expanded to include VTA as of the Restatement Date.
9.Page 7, paragraph 5 amended to reflect the increase in total Board of Directors from nine
to eleven.
10.Page 8, paragraph 5.1.8 is added to reflect the addition of two new Directors by VTA.
Both new directors will be appointed by the VTA’s Board of Directors. One Director will
be VTA General Manager or his or her designee of an Executive Level Staff Member and
one Director will be an elected member of the VTA Board of Directors or Policy
Advisory Committee from a City or Town that does not have a current member on the
Board of Directors of SVRIA.
11.Page 8, Section 5.1.8, addition of last sentence of paragraph of: “Future Directors
appointed to any seat may not be from the cities or town already represented by the VTA
Directors.” This requested change was made to make clear that any future Director
appointment would not cause the sitting VTA Director to need to resign as any future
appointment would need to be from a City not already on the Board.
12.Page 8, Paragraph under Section 5.1.8, addition of the following sentence: “If a Director
shall cease to be an employee of VTA, his or her seat shall be deemed vacant.” The
rationale is that if the VTA employee Director is no longer employed by VTA he or she
can longer be a SVRIA Director.
13.Page 8, Paragraph following Section 5.1.8 has had a provision added to reflect that one of
the Board Members from VTA will be an employee of VTA.
14.Page 8, paragraph 5.2, the increase in the Board of Director’s quorum from 5 to 6 is
listed.
2
68
15.Page 9, Section 5.5 has been amended to describe the procedure for Working Committee
review of Board of Director’s Bylaw amendments.
16.Page 13, Section 7.6 has been amended to include a requirement for VTA to pay $13,157
within 30 days after the Restatement Date.
17.Page 11, paragraph 6.9.1.9 memorializes the already approved addition of two Committee
Members from the VTA to the Working Committee.
18.Page 12, paragraph 6.9.3, this shows the increase in the quorum of the Working
Committee from 6 to 7.
19.Page 14, Section 7.8.1 a provision was added as follows: “Notwithstanding the foregoing,
on or after the Restatement Date, the Working Committee shall commission or obtain a
cost allocation study which considers usage, overhead, and other reasonable cost factors
and with that data shall propose, subject to the adoption of the Board, an allocation
methodology for the VTA that is not based on population.” The intent of this change is to
address a formula for VTA participation for any future project that is outside of the
SVRCS. For example [Heather do you want to add something here?]
FISCAL IMPACT:
If these JPA changes are approved by all current Members of the SVRIA and VTA completes the
remaining requirements, then the current Members’ costs will be reduced because the SVRCS’s
fixed costs will be spread over more Members. If one or more current Members declines to
approve these JPA changes, then VTA could consider withdrawing from SVRCS. If this were to
happen, the current Members’ costs would rise proportionately.
3
69
RD:SSG
JOINT POWERS AGREEMENT FOR THE
SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY
Restatement __________, 2016
70
RD:SSG
THIS JOINT POWERS AGREEMENT FOR THE SILICON VALLEY REGIONAL
INTEROPERABILITY AUTHORITY (the “Agreement”) originally entered into as of
November 2009, (“Effective Date”) by and among the public agencies executing this
Agreement (collectively, “Members” and individually, “Member”) and restated as of this
__ day of ___________2016 (“Restatement Date”)
RECITALS
A.WHEREAS, in 2001, the Cities of Campbell, Cupertino, Gilroy, Los Altos,
Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, Santa Clara, San
Jose, Saratoga, and Sunnyvale; the Towns of Los Gatos and Los Altos Hills; the
South Santa Clara County Fire District; the County of Santa Clara; San Jose
State University; and the Santa Clara Valley Water District (collectively, the
“Network Participants”) entered into an agreement to exercise their joint
contracting and purchasing powers pursuant to Government Code Section 6502
(the “Joint Funding Agreement”), so as to jointly hire consultants for the
conceptual design and implementation strategy for an interoperable
communications network, to jointly purchase a radio and data communications
system or network to provide interoperability for the Network Participants, to
integrate this system or network with other nearby regional public safety
communications systems, to participate in regional interoperability projects, to
jointly fund activities and projects related to interoperability; and to jointly apply
for grants and funding to facilitate the accomplishment of these goals;
B.WHEREAS, the campaign to accomplish the above goals came to be known as
the Silicon Valley Regional Interoperability Project (“SVRIP”);
C.WHEREAS, the SVRIP has been very successful but many new projects and
opportunities have arisen and the joint exercise of powers under the Joint
Funding Agreement is no longer sufficient to address the expanded opportunities
and objectives of the SVRIP;
D.WHEREAS, the undersigned desire to create an independent joint powers
authority to implement and operate the SVRIP and other projects, and to formally
articulate the goals and purposes of the Authority;
E.WHEREAS, a SVRIP Executive Director, employed by the City of San Jose
consistent with the Joint Funding Agreement, has been appointed by the SVRIP
steering committee to assist in the formation and operation of the Authority;
F.WHEREAS, pursuant to the Joint Exercise of Powers Act, Title 1, Division 7,
Chapter 5, of the California Government Code, Government Code Section 6500
et seq., two or more public agencies may by agreement jointly exercise any
power common to the contracting agencies; and
G.WHEREAS, the Members have determined that the public interest will be served
by the joint exercise of their common powers through this Agreement and the
creation of a joint powers authority for the purposes described herein; and.
H.Whereas, the Santa Clara Valley Transportation Authority has requested to
2
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
71
RD:SSG
become a Member of the Joint Powers Authority and the Board of Directors
desires to include their membership in an amendment of the Joint Powers
Agreement.
NOW THEREFORE, in consideration of the promises, terms, conditions, and
covenants contained herein, the Members agree as follows:
ARTICLE 1 – DEFINITIONS
1.Certain terms used in this Agreement shall be defined as follows:
1.1. "Agency" or “Public Agency” shall have the meaning provided in
Government Code Section 6500.
1.2. "Agreement" shall mean this Agreement that establishes the Silicon
Valley Regional Interoperability Authority.
1.3. “Annual Operating Costs” shall mean the day to day expenses of the
Authority (other than systems maintenance expenses) which shall include
without limitation, personnel (except systems maintenance personnel),
overhead, legal and accounting services, and similar costs for the fiscal year; as
such term may be further defined in the policies of the Authority
1.4. “Annual Systems Maintenance Costs” shall mean consulting and
maintenance services for existing hardware and software; systems maintenance
personnel costs; system site/facility maintenance; parts, software/firmware, labor
and equipment for regular maintenance; and noncapital replacements for the
fiscal year; as such term may be further defined in the policies of the Authority.
1.5."Authority" shall mean the Silicon Valley Regional Interoperability
Authority.
1.6. "Board" shall mean the Board of Directors which is the governing body of
the Silicon Valley Regional Interoperability Authority.
1.7. "Central County Agencies" shall include the City of Santa Clara, the City
of Sunnyvale, and the City of Milpitas.
1.8.“Overhead” shall mean the Authority’s ongoing necessary administrative
costs (such as system site/facility rent, office rent, utilities, office supplies, and
insurance) which are not separately budgeted as part of a specific project,
program, or service.
1.9."Members" shall mean the public agencies which are signatories to this
Agreement prior to the Effective Date. Unless otherwise indicated, actions or
approvals of a Member are deemed to be those of the legislative body of the
Member, plus the addition of the Santa Clara Valley Transportation Authority
(“VTA”) as of the Restatement Date.
3
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
72
RD:SSG
1.10."Multiple Agency Directorship" shall mean any seat on the Board of
Directors which represents more than one Member.
1.11."Northwest County Agencies" shall include the City of Mountain View,
the City of Palo Alto, the City of Los Altos and the Town of Los Altos Hills.
1.12.Restatement Date shall mean the date that this Agreement is formally
unanimously agreed to by all of the Member Agencies.
1.13.“Smaller Member” shall mean any Member whose population is less
than 15,000.
1.14."South County Agencies" shall include the City of Gilroy and the City of
Morgan Hill.
1.15."Southwest County Agencies" shall include the City of Cupertino, the
City of Campbell, the City of Saratoga, the Town of Los Gatos and the City of
Monte Sereno.
1.16."Working Committee" shall mean the committee described in Article 6 of
this Agreement.
ARTICLE 2 – CREATION AND PURPOSES
2.The Silicon Valley Regional Interoperability Authority is created as described in this
Article.
2.1. Creation of Authority and Jurisdiction. Pursuant to the Joint Exercise of
Powers Act, the Members hereby create the Silicon Valley Regional
Interoperability Authority, a public entity separate and distinct from each of the
Members, to exercise the powers common to the Members and as otherwise
granted by the Joint Exercise of Powers Act. The jurisdiction of the Authority
shall be all territory within the geographic boundaries of the Members; however
the Authority may undertake any action outside such geographic boundaries as
is necessary or incidental to the accomplishment of its purposes.
2.2. Purpose of Authority. The purpose of the Authority is to enhance and improve
communications, data sharing and other technological systems, tools and
processes for protection of the public and public safety and to facilitate related
local and regional cooperative efforts.
2.3. Purpose of Agreement. The purpose of this Agreement is to create the
Authority; to facilitate the implementation of the Authority’s projects, systems and
services; to provide for the Authority’s acquisition of real, personal and intangible
property, to provide for the Authority’s administration, planning, design,
financing, regulation, permitting, environmental evaluation, public outreach,
construction, operation, and maintenance of the Authority’s projects, systems
and services; and to provide for any necessary or convenient related support
services.
4
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
73
RD:SSG
ARTICLE 3 – POWERS
3.The Authority shall have all powers necessary or reasonably convenient to carry out
the purposes herein, subject to the limitations in this Article.
3.1. The Authority shall have all powers necessary or reasonably convenient to
carry out the purposes herein, including, but not limited to, the following powers:
3.1.1. To obtain and secure funding from any and all available public and
private sources including local, state, and federal government, including but
not limited to, bond issuances, lease purchase agreements, grants, public
and private contributions, public and private loans, and other funds;
3.1.2. To manage and operate any projects, systems, and services
transferred or assigned to the Authority and fulfill any existing obligations
incurred under the Joint Funding Agreement that are transferred or assigned
to the Authority;
3.1.3. To plan, design, finance, acquire, construct, operate, regulate, and
maintain systems, equipment, facilities, buildings, structures, software,
databases, and improvements;
3.1.4. To lease real, personal and intangible property;
3.1.5. To acquire, hold, or dispose of real, personal or intangible property
by negotiation, dedication or eminent domain;
3.1.6. To own, lease, sublease, acquire, operate, maintain and dispose of
materials, supplies, and equipment of all types including, but not limited to
intangible property such as radio frequencies;
3.1.7. To conduct studies, tests, evaluations, investigations, and similar
activities;
3.1.8. To develop and/or adopt standards and specifications;
3.1.9. To obtain permits, rights, licenses and approvals, including FCC
licenses;
3.1.10.To enter into agreements;
3.1.11.To contract for services from Members, including but not limited to
in-kind services;
3.1.12.To employ consultants, contractors, and staff and to adopt
personnel rules and regulations;
3.1.13.To adopt bylaws, rules and regulations;
3.1.14.To delegate certain powers;
3.1.15.To acquire and maintain insurance of all types;
3.1.16.To accept, hold, invest, manage, and expend monies pursuant to
the Joint Exercise of Powers Act;
5
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
74
RD:SSG
3.1.17.To work with elected officials and local, regional, state and federal
agencies, including joint powers agencies and consortia, to pursue funding,
enter agreements, and otherwise act to carry out the purposes of the
Authority;
3.1.18.To incur debts, liabilities or obligations, provided that no debt,
liability, or obligation shall constitute a debt, liability or obligation of the
Members, either jointly or severally;
3.1.19.To charge for services, programs, and/or system use by means of
subscriber fees or similar charges;
3.1.20.Subject to applicable legal authority, to cause assessments, fees or
charges to be levied in accordance with applicable State and Federal law;
3.1.21.To issue bonds and sell or lease any type of real or personal
property for purposes of debt financing;
3.1.22.To sue and be sued;
3.1.23.To conduct public outreach and education;
3.1.24.To participate in pilot and demonstration projects;
3.1.25.To reimburse Authority officers, employees and officials for
expenses incurred as permitted by law; and
3.1.26.To exercise all powers incidental to the foregoing.
3.1.27.In addition to those powers common to each of the members and
the powers conferred by the Joint Exercise of Powers Act, the Authority shall
have those powers that may be conferred upon it by subsequently enacted
legislation.
3.2. Limitation on Eminent Domain Power. The Authority’s power of eminent
domain shall be exercised to acquire real property only in the manner prescribed
by the California Code of Civil Procedure, including the requirements of Sections
1245.230 and 1245.240 of the Code of Civil Procedure (as such statutes and
requirements may be amended) which provide that prior to the exercise of such
power the Board adopt, by a 2/3 vote of the entire Board, a resolution finding
that (1) the public interest and necessity require the proposed project; (2) the
proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury; and (3) the
property described in the resolution is necessary for the proposed project.
Further, the Authority shall not exercise such power in the jurisdiction of a
municipal or county Member in absence of a resolution approved by a majority
of the Member’s governing body evidencing the Member’s consent to the
Authority’s exercise of eminent domain.
3.3. No Authority Taxing Power. The Authority shall not exercise any power it
possesses to impose taxes on the public, although it may receive the proceeds
of taxes imposed by other entities.
6
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
75
RD:SSG
3.4. Restriction on Exercise of Powers. Pursuant to Section 6509 of the Joint
Exercise of Powers Act, the Authority has designated a general law city as the
Member for determination of the restrictions upon the Authority in exercising the
common powers under this Agreement and the City of Cupertino shall serve as
such Member. In the event that the City of Cupertino ceases to be a Member,
the Board may designate by resolution another general law city Member as the
Member for determination of the restrictions upon the Authority in exercising the
common powers.
3.5. Unless expressly provided to the contrary herein, the Authority does not
intend, by virtue of Section 3.4 or this Agreement, to subject itself to the internal
policies or ordinances of any Member (e.g., Member purchasing or sunshine
ordinances).
ARTICLE 4 – MEMBERSHIP
4.The Members of the Authority are the public agencies who enter into this Agreement
prior to the Effective Date plus the addition of VTA as of the Restatement Date. In
the event a city or town listed as represented by a Multiple Agency Directorship does
not enter into this Agreement prior to the Effective Date, the city or town will not be a
Member and the listed entities in the applicable Multiple Agency Directorship will be
deemed amended to reflect this fact without further action. Admission of a new
Member shall not require amendment to this Agreement, however, after the Effective
Date new Members may be admitted only pursuant to the procedures described in
Sections 4.1 and 4.2. Members may withdraw pursuant to the procedures described
in Sections 4.3.
4.1.A Public Agency may be considered for membership in the Authority after the
Effective Date, by presenting an adopted resolution of the Public Agency’s
governing body to the Board which includes a request to become a Member of
the Authority.
4.2.The Authority shall accept new Members upon a majority affirmative vote of the
entire Board, payment of any Board determined fees and charges, including a
pro-rata share of organization, planning, project, and other costs and charges
and upon satisfaction of any conditions established by the Board as a
prerequisite for membership. At the time of admission, the Board shall adopt a
resolution assigning the new Member to be represented by one of the existing
Multiple Agency Directorships and amend the listed entities in the applicable
Multiple Agency Directorship shall be amended to reflect this fact. Each
proposed Member shall also enter into a membership agreement, upon the date
of execution of which it shall be bound to the terms of this Agreement as a
Member.
4.3.Withdrawal. Any Member may withdraw from this Agreement upon at least 6
(six) months written notice to the Authority and the Members. Any Director who
is an elected official of the withdrawing Member and any Working Committee
member who is an official, officer or employee of the withdrawing Member shall
be deemed to have resigned as of the date of receipt of the written notice.
7
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
76
RD:SSG
4.3.1.A withdrawing Member shall have no interest or claim in the assets of the
Authority absent an Authority approved written agreement which contains
express provisions to the contrary.
4.3.2.Any withdrawing Member shall be obligated to pay an equitable share,
consistent with the cost sharing principles herein, of all debts, liabilities and
obligations of the Authority incurred prior to the effective date of the
withdrawal; as such share is determined by the Board, as a condition
precedent to such withdrawal.
4.3.3.Provided, however, that the withdrawing Member’s obligations under
Section 4.3.2 shall not extend to debts, liabilities and obligations of the
Authority that are secured or otherwise committed pursuant to specific
project, service, or program agreements (“limited scope agreements”) that
expressly omit the withdrawing Member. The specific pro-rata share of the
withdrawing Member of the debts, liabilities and obligations of the Authority
that are secured or otherwise committed pursuant to a limited scope
agreement shall be determined by the terms of those agreements and the
withdrawing Member shall comply with all withdrawal terms of such
agreement.
4.3.4.A withdrawing or withdrawn Member’s payment obligation with respect to
its share of debts, liabilities and obligations shall survive withdrawal of the
Member and survive termination of this Agreement.
4.3.5.If a Member who is represented by a Multiple Agency Directorship
withdraws, the listed entities in the applicable Multiple Agency Directorship
may be amended to reflect this fact by a resolution of the Board.
ARTICLE 5 – BOARD OF DIRECTORS; ORGANIZATION
5.The Authority shall be governed by a Board of Directors (the "Board") consisting of
eleven (11) Directors. The term of a Director’s appointment shall be three (3) years
although Directors may be appointed for a shorter term consistent with the Board’s
bylaws. Directors may be appointed to multiple successive terms. An alternate shall
be appointed for each Director. Alternates shall serve as Directors in the absence of
their respective Directors and shall exercise all rights and privileges thereof.
Notwithstanding the above, each Director and each alternate for such Director shall
serve at the pleasure of the Member(s) they represent and may be removed by such
Member(s) at any time without any right to notice thereof.
5.1.Directors and alternates shall be appointed by the represented Member(s) as
follows and, at the time of such appointment and for the duration of such
appointment, each shall be an elected official of a Member:
5.1.1.Two Directors shall represent the County of Santa Clara.
5.1.2.Two Directors shall represent the City of San Jose.
8
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
77
RD:SSG
5.1.3.One Director shall represent the Central County Agencies.
5.1.4.One Director shall represent the Northwest County Agencies.
5.1.5.One Director shall represent the South County Agencies.
5.1.6.One Director shall represent the Southwest County Agencies.
5.1.7.One Director shall be appointed by the City Selection Committee (as
formed pursuant to Government Code Section 50270 et seq.) for Santa
Clara County. The Director shall be an elected official of a Member who
does not have an elected official on the Board at the time of appointment.
The Director appointed in this manner may be removed by the Member that
he or she serves.
5.1.8 Two Directors shall be appointed by the Santa Clara Valley
Transportation Authority (“VTA”) Board of Directors. One Director shall be
the VTA’s General Manager or his or her designated Executive Level Staff
Member. The other VTA Director shall be an elected member of the VTA
Board of Directors or an elected VTA Policy Advisory Committee Member.
The elected Director shall not be from a City or Town with a current member
on the Board of Directors of the Authority. Future Directors appointed to any
seat may not be from the cities or town already represented by the VTA
Directors.
Each directorship described in Sections 5.1.3 through 5.1.6 shall be a
Multiple Agency Directorship and an action by a majority of the represented
Members shall appoint and remove such Directors. If the Director (or his or
her Alternate) shall fail to attend 70% of the meetings of the Board during
the fiscal year, the Directorship shall be deemed vacant and the Authority
shall send notice of the vacancy to the represented Member(s). If a Director
shall cease to be an elected official of a Member, his or her seat shall be
deemed vacant. If a Director shall cease to be an employee of VTA, his or
her seat shall be deemed vacant. If the City Selection Committee or the
represented Members of a Multiple Agency Directorship fail to select a
Director within ninety (90) days of a vacancy, the Board may appoint an
interim Director from the elected officials of the represented Members (or of
those Members who do not have an elected official on the Board in the case
of the City Selection Committee’s directorship) to serve until the
appointment of the new Director is completed.
5.2.Each member of the Board shall have one vote. A majority of the members of
the entire Board shall constitute a quorum for the transaction of business.
Except where a supermajority is required by statute, this Agreement or a
9
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
78
RD:SSG
resolution of the Board, actions of the Board shall require the affirmative vote of
a majority of the entire Board (i.e., six (6) affirmative votes).
5.3. The Board shall elect annually a Chair from among its membership to preside at
meetings and shall appoint a Secretary who may, but need not, be a Director.
The Board may, from time to time, elect such other officers as the Board shall
deem necessary or convenient to conduct the affairs of the Authority.
5.4.Meetings. The Board shall hold at least two regular meetings each year. The
Board shall by resolution establish the date, hour and location at which its
regular meetings shall be held. All meetings of the Board shall be held in
accordance with the Ralph M. Brown Act, Government Code Section 54950 et
seq. The Secretary shall cause minutes of all open meetings of the Board to be
kept and shall cause a copy of the minutes to be forwarded to each Director and
the Members within thirty (30) days.
5.5.Bylaws. The Board, at its initial meeting, shall adopt by resolution rules of
procedure (“bylaws”), not inconsistent with the provisions of this Agreement, to
govern the conduct of its meetings. Such rules of procedure shall be in
accordance with the Ralph M. Brown Act. Amendments to the Bylaws shall be
reviewed by the Working Committee and comments from the Working
Committee, if any, shall be presented to the Board at the time of Board
consideration of the amendments.
5.6.Political Reform Act Compliance. Directors of the Board, members of the
Working Committee and designated officials and employees shall comply with
the Political Reform Act of 1974, Government Code Section 81000 et seq.
5.7.Executive Director. The Executive Director shall report to and take direction from
the Board and shall have such authority as is specified by resolution of the
Board. Where authorized by the Working Committee, the Executive Director may
sign agreements, applications and other documents on behalf of the Authority.
The Executive Director shall be designated as a Government Code Section
6505.1 officer who has charge of, handles, and has access to, the Authority's
property and shall file with the Authority an official bond in the amount set by the
Board. The premiums for such bond may be paid or reimbursed by the Authority.
5.7.1.The SVRIP Executive Director shall serve as the Authority’s Executive
Director during the term of the existing employment agreement between the
City of San Jose and the SVRIP Executive Director or until an Executive
Director is selected pursuant to Section 6.7.
5.8.General Counsel. The Authority shall have a General Counsel. The General
Counsel shall report to and take direction from the Board. The Board may
designate one of the Authority's or a Member’s employees as General Counsel
or contract for such legal services with an independent contractor.
5.9.Policies. The Board may, upon the recommendation of the Working Committee,
adopt policies regarding personnel, conflicts of interest and other matters that
are necessary or convenient for the efficient operation of the Authority.
10
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
79
RD:SSG
5.10.In addition to such duties as may be necessary or desirable for the
implementation of this Agreement, the Board shall have the duty to do the
following within the times specified or, if no time is specified, within a reasonable
time:
5.10.1.The Board shall hold an initial Board meeting within sixty (60) days
of the Effective Date, and adopt an initial budget, work plan, initial policies,
and bylaws with or without a Working Committee recommendation;
5.10.2.The Board shall adopt a work plan for each fiscal year;
5.10.3.The Board shall select a General Counsel;
5.10.4.The Board shall direct the Working Committee to evaluate the need
for such insurance protection as is necessary to protect the interests of the
Authority and its Members, and acquire and maintain if necessary, liability,
errors and omissions, property and/or other insurance.
ARTICLE 6 – WORKING COMMITTEE
6.Pursuant to Government Code Section 6508, the Authority delegates certain powers
related to program development, policy formulation and program implementation to
the Working Committee described herein. Specifically, the Working Committee shall
have the composition, powers and duties described in this Article and the implied
powers necessary therefor.
6.1.The Working Committee shall ensure that a budget and work plan are timely
prepared and by March 31 of each year, shall review and recommend the
budget and work plan to the Board for approval. Copies of the recommended
budget and work plan shall be promptly sent to the Members and the Directors.
The budget shall indicate the anticipated sources of revenues and the
anticipated uses of such revenues. The work plan shall outline the activities and
priorities of the Authority for the following year.
6.2.The Working Committee may apply for and accept all grants and sub-grants that
are consistent with the approved work plan, provided that either (a) the amount
of matching funds required, if any, does not exceed that threshold provided in
the approved work plan and budget, or (b) a Member or other entity volunteers
to provide the matching funds without a guarantee of reimbursement.
6.3.The Working Committee may take action to implement or modify any projects,
programs or services, provided the projects, programs or services are consistent
with the budget and the parameters and thresholds in the work plan. Any
projects, programs and services that are not consistent with the work plan and
budget shall be reviewed by the Working Committee and recommended to the
Board for approval.
6.4.The Working Committee shall let for bid, if required, and award all contracts
consistent with the approved work plan, provided that the amount of funds
11
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
80
RD:SSG
required, if any, does not exceed that threshold provided in the approved work
plan and budget. The Working Committee may approve any contract
amendment, provided that the additional costs to the Authority for such
amendment do not exceed the threshold provided in the Authority’s contracting
policy and sufficient funds are available in the approved budget.
6.5.The Working Committee shall approve all agreements with Members and other
public agencies and all other contracts that are consistent with applicable law
and the approved work plan.
6.6.The Working Committee shall recommend a conflict of interest policy and
personnel rules, when necessary, and any amendments of those policies to the
Board for approval.
6.7.The Working Committee shall adopt policies regarding purchasing and
consultants. In addition, the Working Committee may adopt policies on other
issues that are necessary or convenient for the efficient operation of the
Authority.
6.8.The Working Committee shall recommend an Executive Director, subject to the
Board’s approval and approval of the contract between the Authority and
Executive Director.
6.9.The Working Committee shall have thirteen (13) Committee Members, unless
such number is increased by a resolution adopted by an affirmative vote of 2/3
of the entire Board. Each Committee Member shall serve at the pleasure of the
appointing entity identified in Section 6.9.1 and may be removed at any time by
that appointing entity without notice. Each Committee Member must be an
official, officer, or employee of a Member, but no single Member may have more
than three (3) Working Committee Members serving at one time. A Committee
Member may also be removed by the Member who he or she serves upon notice
to the Authority. If a Committee Member shall fail to attend 70% of the meetings
of the Working Committee during the fiscal year, his or her seat shall be deemed
vacant and the Authority shall send notice of the vacancy to the appointing
entity. If a Committee Member shall cease to be an official, officer, or employee
of a Member, his or her seat shall be deemed vacant. If an appointing entity shall
fail to appoint a Committee Member within ninety (90) days of a vacancy, the
Working Committee may, by majority vote, appoint an interim Committee
Member from the officials, officers, or employees of the Members to serve until
the appointment of the new Committee Member is completed.
6.9.1.Working Committee Members shall be appointed by the following entities
(or successor entities approved pursuant to a resolution of the Working
Committee) as follows:
6.9.1.1.Two City Managers appointed by the Santa Clara County/City
Managers Association.
6.9.1.2.One fire chief appointed by the Santa Clara County Fire Chiefs
Association.
12
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
81
RD:SSG
6.9.1.3.One police chief appointed by the Santa Clara County Police Chiefs
Association.
6.9.1.4.The Santa Clara County Executive or his or her designee.
6.9.1.5.Two members appointed by the San Jose City Manager.
6.9.1.6.The Director of Communications for Santa Clara County or his or
her designee.
6.9.1.7.One communications manager appointed by the Public Safety
Communications Managers Association (of Santa Clara County).
6.9.1.8. Two at-large members appointed by the Working Committee.
6.9.1.9.Two Committee Members appointed by VTA’s General Manager.
6.9.2.Meetings of the Working Committee shall be conducted in compliance with
the Ralph M. Brown Act. The Working Committee may adopt by resolution
rules of procedure, not inconsistent with the provisions of this Agreement, to
govern the conduct of its meetings.
6.9.3.A majority of the Committee Members shall constitute a quorum for the
transaction of business and actions of the Working Committee shall require
the affirmative vote of a majority of the entire Working Committee (i.e., as of
the Effective Restatement Date, seven (7) Committee Members).
ARTICLE 7 – FISCAL MATTERS AND FUNDING
7.The Authority shall comply with the fiscal and recordkeeping requirements of the
Joint Exercise of Powers Act and shall take such other actions as necessary or
desirable to address the fiscal, funding and budgeting needs of the Authority.
7.1.Treasurer and Auditor. The Treasurer and Auditor/Controller of Santa Clara
County, respectively, are designated the Treasurer and Auditor of the Authority
with the powers, duties, and responsibilities specified in the Joint Exercise of
Powers Act, including, without limitation, Sections 6505 and 6505.5 thereof;
provided however, the Board may revoke this designation by adopting a
resolution appointing one or more of the Authority's or a Member’s officers or
employees to either or both of the positions of Treasurer or Auditor as provided
in Sections 6505.6 of the Joint Exercise of Powers Act.
7.2.Accounts and Reports. The Board shall establish and maintain such funds and
accounts as may be required by generally accepted public accounting practice.
The books and records of the Authority shall be open to inspection at all
reasonable times to the Members and their respective representatives. The
accounts shall be prepared and maintained by the Treasurer and/or Auditor of
the Authority. The Auditor shall, within one hundred twenty (120) days after the
close of each fiscal year, cause an independent audit of all financial activities for
such fiscal year to be prepared in accordance with Government Code Section
13
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
82
RD:SSG
6505. The Authority shall promptly deliver copies of the audit report to each
Director and the Members.
7.3.Budget. The Board shall adopt an initial budget consistent with Section 5.10 and
adopt subsequent budgets no later than April 30th of each year thereafter.
Adoption of the budget shall require an affirmative vote of 2/3 of the entire
Board.
7.4.Fiscal Year. The fiscal year of the Authority shall be the period from July 1st of
each year to and including the following June 30th.
7.5.Debts, Liabilities and Obligations. The debts, liabilities, and obligations of the
Authority shall not constitute debts, liabilities, or obligations of the Members,
either jointly or severally.
7.6.Initial Contribution for Annual Operating Costs. Within thirty (30) days of the
Effective Date, each Member except the City of Los Altos Hills and the City of
Monte Sereno shall make an initial operating costs contribution of $13,157 to the
Authority. The City of Los Altos Hills and the City of Monte Sereno shall each
make an initial operating costs contribution of $8,000. Notwithstanding the
above, any Member who has already contributed the identified amount pursuant
to the Joint Funding Agreement for the 2009-2010 fiscal year need not make
such initial operating costs contribution. Within thirty (30) days of the
Restatement Date, the VTA shall make a contribution towards operating costs of
$13,157 to the Authority.
7.7.Initial Contribution for Annual Maintenance Costs. Within thirty (30) days of the
Effective Date, each Member shall make an initial systems maintenance
contribution of the amount required pursuant to the City Manager’s Association
approved maintenance assessment formula.
7.7.1.The City Managers’ Association approved maintenance assessment
formula provides the following population allocation percentages: Campbell -
2.21%, Cupertino - 3.02% , Gilroy - 2.60%, Los Altos - 1.60%, Los Altos Hills
- 0.48%, Los Gatos - 1.67%, Milpitas – 3.76%, Monte Sereno - 0.20% ,
Morgan Hill - 2.02%, Mountain View – 4.16%, Palo Alto – 3.50% , San Jose
– 53.47%, Santa Clara – 6.12%, Saratoga - 1.76%, and Sunnyvale – 7.66%;
and unincorporated Santa Clara County - 5.78%.
7.7.2.The following contributions are due based on the above percentages:
Campbell - $3,315, Cupertino - $4,530, Gilroy - $3,900, Los Altos - $2,400,
Los Altos Hills - $720, Los Gatos - $2,505, Milpitas – $5,640, Monte Sereno
- $300, Morgan Hill - $3,030, Mountain View – $6,240, Palo Alto – $5,250 ,
San Jose – $80,205, Santa Clara – $9,180, Saratoga - $2,640, and
Sunnyvale – $11,490, and unincorporated Santa Clara County - $8,670.
7.7.3.Notwithstanding the above, any Member who has already contributed the
identified amount pursuant to the Joint Funding Agreement for the 2009-
2010 fiscal year need not make such initial maintenance contribution.
14
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
83
RD:SSG
7.8.Annual Operating Costs . Each year, the Working Committee shall propose
projected Annual Operating Costs, which projected costs shall be adopted by the
Board prior to or during approval of the budget.
7.8.1.Population Share. Half of the adopted Annual Operating Costs shall be
allocated to the Members based on their respective population (the
“Population Share”). Each Member shall pay a portion of the Population
Share which shall be determined based on that Member’s population. The
Population Share, each Member’s share of the Population Share shall be
determined pursuant to the funding policy adopted by the Board at its initial
meeting, as may be amended. The funding policy shall specify the accepted
method for calculating each Member’s population (e.g., census data).
Notwithstanding the foregoing, on or after the Restatement Date, the
Working Committee shall commission or obtain a cost allocation study which
considers usage, overhead, and other reasonable cost factors and with that
data shall propose, subject to the adoption of the Board, an allocation
methodology for the VTA that is not based on population.
7.8.2.Membership Share. Half of the adopted Annual Operating Costs shall be
allocated to the Members based on the principle that Members share these
costs equally, except that the Smaller Members shall pay 60% of a Full
Share (the “Membership Share”). Each Member except the Smaller
Members shall pay an equal full share of the adopted Annual Operating
Costs (Full Share”) the Smaller Members shall pay 60% of a Full Share. The
total of all shares shall be 100% of the Membership Share. A Full Share
shall be calculated according to the formula implementing the above
principle contained in the funding policy adopted by the Board at its initial
meeting, as may be amended.
7.9.Annual Systems Maintenance Costs. Each year, the Working Committee shall
propose projected Annual Systems Maintenance Costs, which projected costs
shall be approved by the Board prior to or during approval of the budget.
7.9.1.Each Member shall pay a share of the adopted Annual Systems
Maintenance Costs based on the principle that Members shall share
systems maintenance costs based on system and service usage and that
until sufficient data is available regarding Member usage, Member
population data is an acceptable proxy for usage.
7.9.2.Each Member’s share of the adopted Annual Systems Maintenance Costs
shall be calculated according to the formula implementing the principles in
Section 7.9.1 contained in the funding policy adopted by the Board at its
initial meeting, as may be amended.
7.10.Other Projects, Programs and Services. In the event that a project,
program, service, or reserve fund is approved which has costs that are not
Annual Operating Costs or the Annual Systems Maintenance Costs, the Working
Committee shall either (a) develop a proposed cost allocation formula for the
non-overhead costs based on the principle that costs shall be assessed to
15
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
84
RD:SSG
Members based on usage but, if usage data or projected usage data is not
available, until sufficient data is available, Member population and entity type
data are acceptable proxies for usage or (b) conduct or obtain a cost allocation
study which considers usage, overhead, and other reasonable cost factors. The
Board shall approve any such proposed cost allocation.
7.11.Limited Scope Agreements. Where a project or program is intentionally
designed to be limited in scope such that it only provides benefits to particular
Members, the Authority may enter into specific project or program agreements
that provide for cost sharing by the particular affected Members; provided
however, both the Board and Working Committee must approve such
agreements.
7.12.Contributions on Behalf of Members. Special Districts or other parties may
tender to the Authority those contributions due from a Member on that Member’s
behalf.
ARTICLE 8 –GENERAL PROVISIONS
8.The following general provisions apply to this Agreement.
8.1.Term and Termination. This Agreement shall be effective as of the Effective
Date. It shall remain in effect until the purposes of the Authority are fully
accomplished, or until terminated by the vote of a majority of the governing bodies of
the Members; provided, however, that this Agreement may not be terminated, until
(a) all bonds or other instruments of indebtedness issued by the Authority and the
interest thereon, if any, have been paid in full or provision has been made for
payment in full and (b) all outstanding obligations and liabilities of the Authority have
been paid in full or provision has been made for payment in full, except as set forth
in Section 8.2.
8.2.Disposition of Property upon Termination. In the event of termination of the
Authority pursuant to Section 8.1 herein and where there will be a successor public
entity which will carry on the functions of the Authority and assume its assets and
liabilities, the assets of the Authority shall be transferred to the successor public
entity. If upon termination pursuant to Section 8.1, there is no successor public entity
which will carry on the functions of the Authority and assume its assets, the assets
shall be returned to the Members as follows: (a) all real property and any
improvements thereon shall be conveyed to the Member which owned the property
prior to the formation of the Authority, and (b) all other assets shall be divided among
the Members in proportion to their respective contributions during the term of this
Agreement. If upon termination pursuant to Section 8.1, there is a successor public
entity which will carry on some of the functions of the Authority and assume some of
the assets, the Authority's Board shall allocate the assets between the successor
public entity and the Members.
8.3.Indemnification. To the fullest extent allowed by law, the Authority shall defend,
indemnify, and save harmless the Members and their governing bodies, officers,
16
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
85
RD:SSG
agents, and employees from all claims, losses, damages, costs, injury, and liability of
every kind, nature, and description directly or indirectly arising from the performance
of any of the activities of the Authority or the activities undertaken pursuant to this
Agreement.
8.4.Liability of Board, Officers and Employees. The Directors, Working Committee
Members, officers, and employees of the Authority shall use ordinary care and
reasonable diligence in the exercise of their powers, and in the performance of their
duties pursuant to this Agreement. They shall not be liable to the Members for any
mistake of judgment or other action made, taken, or omitted by them in good faith,
nor for any action made, taken, or omitted by any agent, employee, or independent
contractor selected with reasonable care, nor for loss incurred through the
investment of the Authority's funds, or failure to invest the same.
8.5.To the extent authorized by California law, no Director, Working Committee
Member, officer, or employee of the Authority shall be responsible for any action
made, taken, or omitted, by any other Director, Working Committee Member, officer,
or employee. No Director, Working Committee Member, officer, or employee of the
Authority shall be required to give a bond or other security to guarantee the faithful
performance of his or her duties pursuant to this Agreement, except as required
herein pursuant to Government Code Section 6505.1. The funds of the Authority
shall be used to defend, indemnify, and hold harmless the Authority and each
Director, Working Committee Member, officer, or employee of the Authority for
actions taken in good faith and within the scope of his or her authority. Nothing
herein shall limit the right of the Authority to purchase insurance to provide coverage
for the foregoing indemnity.
8.6.Successors: Assignment. This Agreement shall be binding upon and shall inure
to the benefit of the successors of the Members. No Member may assign any rights
or obligations hereunder without the unanimous consent of the governing bodies of
the other Members; provided, further, that no such assignment may be made if it
would materially and adversely affect (a) the rating of bonds issued by the Authority,
or (b) bondholders holding such bonds.
8.7.Amendments. This Agreement may be amended only upon approval of all the
governing bodies of the Members. So long as any bonds of the Authority are
outstanding and unpaid, or funds are not otherwise set aside for the payment or
redemption thereof in accordance with the terms of such bonds and the
documentation relating thereto, this Agreement shall not be amended, modified or
otherwise revised, changed or rescinded, if, in the judgment of the Board, such
action would (a) materially and adversely affect (1) the rating of bonds issued by the
Authority, or (2) bondholders holding such bonds, or (b) limit or reduce the
obligations of the Members to make, in the aggregate, the payments which are for
the benefit of the owners of such bonds.
8.8.No Third Party Beneficiaries. This Agreement is intended solely for the benefit of
the Authority and its Members. No third party shall be deemed a beneficiary of this
Agreement or have any rights hereunder against the Authority or its Members.
17
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
86
RD:SSG
8.9.Dispute Resolution. In the event that any party to this Agreement should at any
time claim that another party (or parties) has breached or is breaching this
Agreement, the complaining party shall file with the governing body of claimed
breaching party, and with the Authority, a written claim of said breach, describing the
alleged breach and otherwise giving full information respecting the same. The Board
shall thereupon, at a reasonable time and place, specified by it, give each of these
parties to the dispute an opportunity to be heard on the matter, and shall, upon
conclusion of said hearing, give the Members a full report of its findings and
recommendations. Said report, findings and recommendations shall be deemed
advisory only, shall not in any way bind any of the parties to the dispute, and shall
not be deemed to establish any facts, either presumptively or finally. Upon receipt of
said report and recommendations, if any party to the dispute should be dissatisfied
with or disagree with the same, that party shall provide written notice to the other
parties within ten (10) business days, and the parties to the dispute or their
representatives shall meet at a reasonable time and place to be determined by
them, for the purpose of resolving their differences. No action for breach of this
Agreement, and no action for any legal relief because of any such breach or alleged
breach of this Agreement shall be filed or commenced by any party unless and until
such party has first given to the other parties a reasonable time, after the parties to
the dispute have met to resolve their differences, within which to cure any breach or
alleged breach.
8.10.Notices. Any notices to Members required by this Agreement shall be
delivered or mailed, U.S. first class, postage prepaid, addressed to the principal
office of the respective Members. Notices under this Agreement shall be deemed
given and received at the earlier of actual receipt, or the second business day
following deposit in the United States mail, as required above. Any Member may
amend its address for notice by notifying the other Members pursuant to this
Section.
8.11.Severability. Should any part, term, or provision of this Agreement be
decided by the courts to be illegal or in conflict with any law of the State of California,
or otherwise be rendered unenforceable or ineffectual, the validity of the remaining
portions or provisions shall not be affected thereby.
8.12.Liberal Construction. The provisions of this Agreement shall be liberally
construed as necessary or reasonably convenient to achieve the purposes of the
Authority.
8.13.Headings. The headings used in this Agreement are for convenience only
and have no effect on the content, construction, or interpretation of the Agreement.
8.14.Counterparts. This Agreement may be executed in any number of
counterparts, and by different parties in separate counterparts, each of which, when
executed and delivered, shall be deemed to be an original and all of which
counterparts taken together shall constitute but one and the same instrument.
8.15.Non-Waiver. No waiver of the breach or default of any of the covenants,
agreements, restrictions, or conditions of this Agreement by any Member shall be
18
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
87
RD:SSG
construed to be a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions, or conditions of this Agreement. No delay or omission of
exercising any right, power or remedy in the event of breach or default shall be
construed as a waiver thereof, or acquiescence therein, or be construed as a waiver
of a variation of any of the terms of this Agreement or any applicable agreement.
8.16.Agreement Complete. The foregoing constitutes the full and complete
Agreement of the parties. There are no oral understandings or agreements not set
forth in writing above. Any such agreements merge into this Agreement.
This document continues on the following page.
19
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
88
RD:SSG
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their duly authorized representatives.
City of Campbell
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
City of Cupertino
By:_______________________
Name:_______________________
Title:_______________________
City of Gilroy
By:_______________________
Name:_______________________
Title:_______________________
City of Los Altos
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
20
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
89
RD:SSG
Town of Los Altos Hills
By:_______________________
Name:_______________________
Title:_______________________
Town of Los Gatos
By:_______________________
Name:_______________________
Title:_______________________
City of Milpitas
By:_______________________
Name:_______________________
Title:_______________________
City of Monte Sereno
By:_______________________
Name:_______________________
Title:_______________________
City of Morgan Hill
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
21
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
90
RD:SSG
City of Mountain View
By:_______________________
Name:_______________________
Title:_______________________
City of Palo Alto
By:_______________________
Name:_______________________
Title:_______________________
City of San Jose
By:_______________________
Name:_______________________
Title:_______________________
City of Santa Clara
By:_______________________
Name:_______________________
Title:_______________________
County of Santa Clara
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
22
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
91
RD:SSG
City of Saratoga
By:_______________________
Name:_______________________
Title:_______________________
City of Sunnyvale
By:_______________________
Name:_______________________
Title:_______________________
Santa Clara Valley Transportation Authority
By:_______________________
Name:_______________________
Title:_________________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
Approved as to form:
By:_______________________
Name:_______________________
Title:_______________________
797152.1
23
T-15939\ 592861_3
Silicon Valley Regional Interoperability Project
JPA Agreement Restatement 5-30-16
92
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:City Attorney’s Office
PREPARED BY:Richard Taylor, City Attorney
SUBJECT:Agreement for Employment and Labor Law Services with Mouser Law Firm,
A Professional Corporation
RECOMMENDED ACTION:
Authorize the City Manager to enter into an agreement for employment and labor law services with
Mouser Law Firm, A Professional Corporation.
BACKGROUND:
The City retains the services of special counsel to advise on employment and labor law services. The
existing contract was approved by the City Council in 2013 and will expire June 30. The attached
contract is for an additional term of three years and may be terminated by the City at any time. As
the attorney is very familiar with the City’s personnel rules and employment contracts, and Council
and staff are satisfied with the services received, staff recommends retaining the current attorney’s
services.
ATTACHMENT:
Attachment A: Agreement for Professional Services
791332.1
93
MOUSER LAW FIRM ATTORNEY-CLIENT REPRESENTATION AND FEE AGREEMENT – Page 1
July 1, 2016
MOUSER LAW FIRM ATTORNEY-CLIENT REPRESENTATION AND FEE AGREEMENT
Mouser Law Firm, A Professional Corporation (“Attorney”) and City of Saratoga (“Client”) hereby agree that
Attorney will provide legal services to Client on the terms set forth below.
1. CONDITIONS. This Agreement will not take effect, and Attorney will have no obligation to provide
legal services, until Client returns a signed copy of this Agreement.
2. SCOPE OF SERVICES. Client hires Attorney as an independent contractor, not an employee, to
provide legal services in the following “Matter”:
• Employment and labor law advice, counseling, administrative hearings, court proceedings, training
workshops, and related professional services
Attorney will provide those legal services reasonably required to represent Client. These same terms and conditions will
apply to any other matter that Attorney agrees to handle for Client at Client's request, unless Client and Attorney enter into
a separate written agreement regarding such other matter.
Attorney will take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries. Copies of
significant correspondence and documents will be sent to Client from time to time. If you need to reach Attorney and
Attorney is unavailable, please leave a message disclosing the nature and urgency of the call. The call will be returned
promptly, typically within one business day of receiving the message. If you have not received a return call at that time,
please call or email again.
Services in any matter not described above will require a separate written agreement.
3. CLIENT’S DUTIES. In order for Attorney to represent Client effectively, Client agrees to assist and
cooperate with Attorney. Client agrees to be truthful, complete, and forthcoming with Attorney, to cooperate, to arrange
Client’s employees to meet with Attorney when requested, to keep Attorney informed of any information or developments
which may come to Client’s attention, to abide by this Agreement, to pay Attorney’s bills on time, and to keep Attorney
advised of Client’s address, telephone number and whereabouts. Client will promptly assist Attorney in providing
necessary information and documents, will review documents promptly and perform other tasks when Attorney requests,
and will appear when necessary at meetings, preparation sessions, hearings, and legal proceedings. Client’s lack of
cooperation or non-cooperation will be grounds for Attorney's withdrawal from representing Client.
Attorney preserves Client’s secrets and confidential information. Client is required to provide Attorney with contact
information for Attorney to use to communicate with Client. Emails and facsimiles may be seen by a third party with no
right to view the information. Client agrees that Client will only provide telephone numbers, cellular numbers, facsimile
numbers, mailing addresses, and email addresses that are acceptable for Client receiving confidential communications
from Attorney. If Client has any telephone numbers, cellular numbers, facsimile numbers, mailing addresses, and email
addresses which are not appropriate for receiving confidential communications, Client will notify Attorney in writing that
Attorney should not use such items.
4. DEPOSIT. Client agrees to pay Attorney an initial deposit of $0.00. As Attorney is not requiring an
initial deposit, Client agrees that it is a material term of the Agreement that all invoices be promptly paid by Client.
5. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour at Attorney’s
prevailing rates for all time spent on Client’s matter by Attorney’s legal personnel. Current hourly rates for legal
personnel for Client are as follows:
Partners -------------------------------- $290/hour
Associates ----------------------------- $250/hour
Paralegals or law clerks --------------$200/hour
94
MOUSER LAW FIRM ATTORNEY-CLIENT REPRESENTATION AND FEE AGREEMENT – Page 2
The rates on this schedule are subject to change. If Client declines to pay increased rates, Client expressly agrees
that Attorney will have the right to withdraw as attorney for Client.
The time charged will include the time Attorney spends on telephone calls or other communications relating to
Client’s matter, including calls with Client, witnesses, government agencies, opposing counsel, court personnel, or others.
The legal personnel assigned to Client’s matter may confer among themselves about the matter, as required and
appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably
necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other
proceeding, each will charge for the time spent. Attorney will charge for waiting time in court and elsewhere and for
travel time, both local and out of town.
Time is charged in minimum units of one-tenth (.1) of an hour for the time involved in the work for Client.
6. COSTS, EXPENSES, AND OTHER CHARGES.
(a) Attorney will incur various costs and expenses in performing legal services under this Agreement. Client
agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly
include, service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs,
computer database searches (billed at vendor’s standard retail rate), transcription or typing costs, long distance telephone
charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including
parking, mileage, airfare, transportation, FastTrak charges, meals and hotel costs, investigation expenses, consultants' fees,
expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. Except for the items
listed below, all costs and expenses will be charged to Client at Attorney’s cost.
In-office photocopying $0.20/page
Facsimile charges $1.00/page
Mileage IRS rate in effect at time of travel
(b) Out of town travel. Client agrees to pay transportation, meals, lodging and all other costs of any
necessary out-of-town travel by Attorney’s personnel. Client will also be charged the hourly rates for the time legal
personnel spend traveling.
(c) Experts, Consultants and Investigators. To aid in the preparation or presentation of Client’s case, it may
become necessary to hire expert witnesses, consultants or investigators. Client agrees to pay promptly such fees and
charges. Attorney will select any expert witnesses, consultants or investigators to be hired, and Client will be informed of
persons chosen and their charges.
(d) Damages, Fees, and Costs. Additionally, Client understands that if the matter proceeds to court action or
arbitration, Client may be required to pay fees and/or costs to other parties in the action. Any such payment will be
entirely the responsibility of Client.
7. BILLING STATEMENTS. Attorney will send Client periodic statements for fees and costs incurred.
Statements will typically be sent between the 1st and the 15th of the month. Payment of the full amount due, as reflected
on the statement, will be due from Client to Attorney within 30 days of the statement’s mailing or emailing date. Client
may request a statement at intervals of no less than 30 days. If Client so requests, Attorney will provide one within 10
days. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and
costs, which costs will be clearly identified by item and amount. See Paragraph 12 regarding Interest on amounts not paid
after the due date.
Client agrees to review Attorney's statements promptly upon receipt and to notify Attorney, in writing, if there is any
disagreement with the statement. Failure to communicate written disagreement with Attorney's statement within 60 days
of Client's receipt shall establish that Client agrees that the billing statement accurately reflects the legal services
performed and the proper charge for those legal services.
95
MOUSER LAW FIRM ATTORNEY-CLIENT REPRESENTATION AND FEE AGREEMENT – Page 3
8. NO LITIGATION LIEN. As the Matter is not a litigation matter, Client does not grant Attorney a lien
on claims or causes of action that are the subject of the representation under this Agreement.
9. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time. Attorney may
withdraw with Client’s consent or for good cause. Good cause includes Client’s breach of this Agreement, refusal to
cooperate or to follow Attorney’s advice on a material matter, Client’s failure to pay any bill when due, or any fact or
circumstance that would render Attorney’s continuing representation unlawful or unethical. Attorney termination of
representation would be subject to approval as may be required from any court in which Attorney is appearing on your
behalf. When Attorney’s services conclude, all unpaid charges will immediately become due and payable. After services
conclude, Attorney will, upon Client’s request, deliver Client’s file, and property in Attorney’s possession, whether or not
Client has paid for all services.
10. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in
Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of the matter. Attorney
makes no such promises or guarantees. Attorney’s comments about the outcome of the matter are expressions of opinion
only. Any estimate of fees given by Attorney shall not be a guarantee. Actual fees may vary from estimates given.
11. DISPUTES AND ALTERNATIVE DISPUTE RESOLUTION
A. MEDIATION CLAUSE
If a dispute arises out of or relating to any aspect of this Agreement between Attorney and Client, or the breach
thereof, and if the dispute cannot be settled through negotiation, Attorney and Client agree to first try in good faith to
settle the dispute by private mediation or fee mediation provided by local bar association programs before resorting to
arbitration or any other dispute resolution procedure. The cost of such mediation shall be borne equally by the parties,
unless otherwise stipulated in a settlement agreement between the parties. The sole and exclusive venue for the mediation
shall be Santa Clara County, California.
B. ARBITRATION OF ALL DISPUTES INCLUDING CLAIMS OF MALPRACTICE
Any dispute between the parties [Attorney and Client] regarding the construction, application or performance of
any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including,
without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation,
fraud and disputes regarding attorney fees and/or costs charged under this Agreement (except as provided in paragraph
11.C. below) shall be submitted to final and binding arbitration upon the written request of one party after the providing
notice of that request on the other party. The parties shall appoint one person from JAMS to hear and determine the
dispute and the arbitration shall be conducted pursuant to JAMS’s rules. If the parties cannot agree on a JAMS’s
arbitrator, then JAMS will provide a list of 11 JAMS’s arbitrators. Client and Attorney will each strike a name in
alternating sequence until one name remains, who shall then become the agreed Arbitrator. Attorney and Client shall each
have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure
Section 1283.05. The cost of the arbitration, excluding attorney’s fees, shall be borne by the losing party or in such
proportion as the arbitrator shall decide. The parties shall bear their own legal fees and costs for all claims. The arbitrator
shall have no authority to award attorney’s fees or costs to the winning party, other than the arbitrator has authority to
award the costs of the arbitrator’s services to be paid in its entirety by the losing party. The sole and exclusive venue for
the arbitration and or any legal dispute shall be Santa Clara County, California.
By signing the Agreement, Client confirms that Client has read and understands subparagraphs A and B above,
and voluntarily agrees to mediation and binding arbitration. In doing so, Client voluntarily gives up important
constitutional rights to trial by judge or jury, as well as rights to appeal. Client has the right to have an independent
lawyer of Client’s choice review these mediation and arbitration provisions, and this entire Agreement, prior to signing
this Agreement.
C. MANDATORY FEE ARBITRATION (“MFA”)
96
MOUSER LAW FIRM ATTORNEY-CLIENT REPRESENTATION AND FEE AGREEMENT – Page 4
Notwithstanding subparagraph B above, in any dispute over attorney’s fees, costs or both subject to the
jurisdiction of the State of California over attorney’s fees, charges, costs or expenses, Client has the right to elect
mandatory fee arbitration (MFA) pursuant to the mandatory fee arbitration procedures as set forth in California Business
and Professions Code Sections 6200-6206. Arbitration pursuant to the Mandatory Fee Arbitration Act is non-binding
unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. The MFA procedures
permit a court trial after MFA, or a subsequent binding contractual arbitration if the parties have agreed to binding
arbitration (11.B.) and either party rejects the MFA award and requests a trial or arbitration de novo within 30 days after
the MFA award is mailed to the parties. If, after receiving a notice of client’s right to arbitrate, Client does not elect to
proceed under the State Bar MFA procedures, and file a request for fee arbitration within 30 days, any dispute over fees,
charges, costs or expenses, will be resolved by binding arbitration as provided in the previous paragraph 11.B., not 11.C.
If either party rejects a non-binding MFA award by timely submission of a request for trial or arbitration de novo,
Attorney and Client agree that in lieu of a trial de novo in court, the trial after arbitration shall be binding arbitration
pursuant to the provisions of paragraph 11.B., above. Where a pre-existing binding arbitration agreement exists such as in
11.B., if Client elects non-binding MFA, or Attorney requests it and Client agrees, the parties will proceed first to non-
binding MFA. Thereafter, either party may enforce the original binding arbitration agreement provided that one of the
parties commences the arbitration by filing a demand for arbitration within 30 days after the MFA award was served. This
Agreement will not make the MFA binding, unless, after the dispute arises, both parties affirm in writing that the MFA
will be binding, obviating the need for a later arbitration following MFA.
12. INTEREST CHARGES. If a billing statement is not paid when due, interest will be charged on the
principal balance (fees, costs, and disbursements) shown on the statement. Interest will be calculated by multiplying the
unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The
unpaid balance will bear interest until paid.
13. OTHER PAYOR CLAUSE – INSURANCE. If Client believes or has informed Attorney that Client
may have insurance coverage that may pay for some or all of Attorney’s fees that may become due under this Agreement,
Client can make a claim with the insurer for reimbursement of compensation paid to Attorney. It is understood, however,
that if the insurance provider refuses or fails to reimburse Client for any reason, Client shall remain responsible for paying
all Attorney’s statements as they are rendered upon the billing and payment terms set forth in this Agreement. Should the
insurance provider reimburse only a portion of the fees and costs, Client shall be responsible for all fees and costs.
14. INSURANCE. Pursuant to California Rule of Professional Conduct 3-410, I am informing you in
writing that I do have professional liability insurance. Attorney shall procure and maintain for the duration of the contract
insurance as set forth in Exhibit A.
15. ENTIRE AND BINDING AGREEMENT. This Agreement contains the entire agreement of the parties
with respect to this Matter and any other matter that Attorney agrees to perform on Client's request, unless such matter is
covered by a separate written agreement between Attorney and Client. The Agreement supersedes any and all prior
statements and understandings. No other agreement, statement, or promise (written, verbal, or implied) made on or before
the effective date of this Agreement will be binding on the parties. By signing below, Client acknowledges that Client has
carefully reviewed and understands the content of this Agreement and agrees to be bound by all of its terms and
conditions.
16. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is
held in whole or in part to be unenforceable for any reason, the remainder of that provision that is enforceable and the
remainder of the entire Agreement will be severable and remain in effect.
17. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by
subsequent agreement of the parties only by an instrument in writing signed by both of them.
18. EFFECTIVE DATE. This Agreement will govern all legal services performed by Attorney on behalf of
Client commencing with the date Attorney first performed services on or after July 1, 2016. The date at the beginning of
97
MOUSER LAW FIRM ATTORNEY-CLIENT REPRESENTATION AND FEE AGREEMENT – Page 5
this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Attorney
the reasonable value of any services Attorney may have performed for Client.
19. DOCUMENT RETENTION POLICY. Attorney will retain its files on each matter handled for Client
for five (5) years after the matter is closed. Attorney will then destroy those files unless Client has previously asked
Attorney in writing to deliver those files to Client.
20. CONSENT TO ATTORNEY ALERTS AND COMMUNICATIONS. Attorney will send you
periodic alerts or updates on court cases and legal changes. Attorney will also send Client notices on workshops and other
training opportunities designed to help Client with daily legal concerns. Attorney will send these and other notices via
regular mail and/or electronic mail at the mailing address or email address that Client provided for Attorney use.
21. TERMINATION OF ATTORNEY-CLIENT RELATIONSHIP. The attorney-client relationship
between Client and Attorney will cease at the conclusion of the Matter. When ongoing advice has been requested, but
Attorney is not asked by the Client to provide advice for one year from the last date the Attorney provided such ongoing
advice, both Client and Attorney agree that the attorney-client relationship is terminated on the last day Attorney provided
advice, without further action or notice by either party. All of the terms and conditions of this Agreement will remain in
full force and effect, including the obligation to pay all unpaid fees and costs and the obligation to arbitrate any disputes.
If you request additional legal services and Attorney agrees to perform the services after such termination, the terms and
conditions of the agreement will apply with respect to such services unless Client and Attorney enter into a new written
agreement with respect to such services.
22. DURATION. This agreement begins on July 1, 2016, and terminates on June 30, 2019, but shall
thereafter continue from month to month until modified by a written agreement between Attorney and Client. Either the
Client or Attorney may terminate this agreement on 30 days’ written notice.
THE PARTIES HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO THE TERMS AS OF
THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH
AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.
CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.
CLIENT
DATED: ______________________ _________________________________
Client Representative’s Signature
Print Name:
Print Title:
DATED: ______________________ MOUSER LAW FIRM, a Professional Corporation
By:______________________________
Deanna Mouser
Client Contact Information for Confidential Communications from Attorney:
City Attorney Richard Taylor and such persons as he may authorize.
Direct Dial Phone: 415-552-7272 Cell Phone: N/A
Address: 13777 Fruitvale Ave., Saratoga, CA 95070 Email: rtaylor[at]smwlaw.com
Facsimile: 415-552-5816
98
MOUSER LAW FIRM ATTORNEY-CLIENT REPRESENTATION AND FEE AGREEMENT – Page 6
EXHIBIT A
INSURANCE
Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the
requirement apply to MOUSER LAW FIRM ATTORNEY-CLIENT REPRESENTATION AND FEE AGREEMENT (ignore any
not checked).
Attorney shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide
Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of
Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070.
Attorney shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and
certificates are to be received and approved by City before work commences. City has the right to require Attorney's
insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
X Commercial General/Business Liability Insurance with coverage as indicated:
X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage
___ $ ____________ per occurrence bodily injury/$ ___________ per occurrence property damage
___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
___ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not
contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance
will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees,
agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it.
X Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property damage
___ $ ____________ per person/$__________ per accident for bodily injury
___ $ ____________ per occurrence for property damage
___ $ 500,000 combined single limit for bodily injury and property damage
___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and
control of the contractor, regardless of where the vehicles are kept or driven.
X Professional/Errors and Omissions Liability with coverage as indicated:
X $1,000,000 per loss/ $2,000,000 aggregate
___ $5,000,000 per loss/ $5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the
expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or
purchase of either prior acts or tail coverage applicable to said three year period.
X Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its
employees or agents. 99
MOUSER LAW FIRM ATTORNEY-CLIENT REPRESENTATION AND FEE AGREEMENT – Page 7
The Contractor makes the following certification, required by section 1861 of the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of
the work of this contract
X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of
Saratoga, its officers, employees and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate
endorsement such as Form CG 20 10)
X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of
premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". . .
endeavor to . . ." AND ". . . but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents or representatives."
___ All subcontractors used must comply with the above requirements except as noted below:
____________________________________________________________
____________________________________________________________
As to all of the checked insurance requirements above, the following shall apply:
a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2)
the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor;
products and completed operations of the Contractor, premises owned, occupied or used by the
Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall
contain no special limitations on the scope of the protection afforded to the City, its officers, officials,
employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following
provisions:
i. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
ii. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
iii. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits
except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been
given to the City.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than
A:VII.
501627.2
100
SARATOGA CITY COUNCIL
MEETING DATE: July 6, 2016
DEPARTMENT: City Attorney
PREPARED BY: Richard Taylor, City Attorney
SUBJECT: Annual Code Update for 2016 and Adoption of Resolution Allowing 15 Minute
Parking at the Turkey Track Lane Electric Vehicle Charging Station
RECOMMENDED ACTION:
Waive the second reading and adopt the attached ordinance updating various provisions of the
City Code and adopt the attached resolution allowing 15 minute parking at the Turkey Track
Lane electric vehicle charging station in accordance with the newly adopted code provisions.
BACKGROUND:
On June 15 the City Council introduced the attached ordinance (Attachment A) and directed that
it be placed on the consent calendar for adoption.
The ordinance includes a provision that will require vehicles parked at public electric vehicle
charging stations to be connected to those stations unless the station is designated by the City
Council as allowing general parking for up to 15 minutes. The Council directed staff to place a
resolution on the consent calendar to allow 15 minute parking at the charging station on Turkey
Track Lane. This resolution is included as Attachment B.
The ordinance also includes provisions affecting Commission procedures. Staff will update the
Commission Handbook accordingly and bring that update to the City Council at the August 17,
2016 City Council meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of the ordinance was published in the Saratoga News on July 1, 2016 and notice of
adoption will be published on July 15, 2016.
ATTACHMENT:
Attachment A – 2016 Annual Code Update Ordinance
Attachment B – MV Resolution Allowing 15 Minute Parking at Turkey Track Lane EV
Charging Station
797191.1 101
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.
102
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)
(3). CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA.
In this circumstance the amendments to the existing City Code and related sections and additions
of provisions and reference appendices to the existing Code; the amendments and additions
would have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of
the City Council of the City of Saratoga held on the 15th day of June 2016 and was adopted by the
following vote on July 6, 2016 .
COUNCIL MEMBERS:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
E. Manny Cappello
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM:
DATE:
103
Richard Taylor, CITY ATTORNEY
104
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
2016 Annual Code Update - Page 4
105
for the meeting and shall immediately call the City Council to order. In the absence of
the Mayor 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.
2016 Annual Code Update - Page 5
106
(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.
2016 Annual Code Update - Page 6
107
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.
2016 Annual Code Update - Page 7
108
(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.
2016 Annual Code Update - Page 8
109
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 Chair man 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.
2016 Annual Code Update - Page 9
110
2016 Annual Code Update - Page 10
111
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
2016 Annual Code Update - Page 11
112
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 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 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 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
2016 Annual Code Update - Page 12
113
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 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.
( h k) 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, directory 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
2016 Annual Code Update - Page 13
114
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 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 license 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.
2016 Annual Code Update - Page 14
115
[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).
(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:
2016 Annual Code Update - Page 15
116
(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.
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
2016 Annual Code Update - Page 16
117
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.]
2016 Annual Code Update - Page 17
118
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.
2016 Annual Code Update - Page 18
119
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:
2016 Annual Code Update - Page 19
120
(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 fee 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:
2016 Annual Code Update - Page 20
121
(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
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
2016 Annual Code Update - Page 21
122
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
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
2016 Annual Code Update - Page 22
123
(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.
(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.
2016 Annual Code Update - Page 23
124
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"
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 w henever 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
2016 Annual Code Update - Page 24
125
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.]
2016 Annual Code Update - Page 25
126
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.]
2016 Annual Code Update - Page 26
127
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 or a City Council member designated by 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.
2016 Annual Code Update - Page 27
128
(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
3103.
(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.
2016 Annual Code Update - Page 28
129
(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
2016 Annual Code Update - Page 29
130
during such 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.
2016 Annual Code Update - Page 30
131
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.
2016 Annual Code Update - Page 31
132
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.
2016 Annual Code Update - Page 32
133
(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.
2016 Annual Code Update - Page 33
134
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 Chair man 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.
2016 Annual Code Update - Page 34
135
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.
2016 Annual Code Update - Page 35
136
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 ,
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.
2016 Annual Code Update - Page 36
137
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 submittal” means the utilization of one or more of email, the Internet, or
facsimile.
(2) “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.
(3) “Small residential rooftop solar energy system” means all of the following, as defined
in Government Code Section 65850.5:
i. A solar energy system that is no larger than ten kilowatts alternating current
nameplate rating or thirty kilowatts thermal.
2016 Annual Code Update - Page 37
138
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.
(4) “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.
(5) “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.
(4) In the case of electronic submittal, an applicant’s electronic signature shall be
accepted on all forms, applications, and other documents in lieu of a wet signature.
2016 Annual Code Update - Page 38
139
(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.
2016 Annual Code Update - Page 39
140
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 submittal” means the utilization of one or more of email, the Internet, or
facsimile.
(2) “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.
(3) “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
National Electrical Manufacturers Association, and accredited testing laboratories such as
Underwriters Laboratories and rules of the Public Utilities Commission regarding safety and
reliability.
2016 Annual Code Update - Page 40
141
(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 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.
791221.3
2016 Annual Code Update - Page 41
142
RESOLUTION NO. MV-
RESOLUTION AUTHORIZING 15 MINUTE EXCEPTION TO
EV CHARGING STATION PARKING RESTRICTIONS
The City Council of the City of Saratoga hereby resolves as follows:
I.The City Council hereby designates the electrical vehicle charging station on
Turkey Track Lane as an EV charging zone where vehicles may be parked for up to 15
minutes without being in violation of Saratoga City Code section 9-15.085 requiring that
any motor vehicle stopped, left standing, or parked in an EV charging zone must be
connected to a charging station.
II.This resolution shall become effective on the effective date of Saratoga City Code section 9-
15.085.
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 6th day of July, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
E. Manny Cappello, Mayor
ATTEST:
Crystal Bothelio, City Clerk
797165.1
143
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Brian Babcock, Administrative Analyst II
SUBJECT:Request for Reallocation of Community Event Grant Funds from Montalvo
Arts Center
RECOMMENDED ACTION:
Reallocate $3,704 in Community Event Grant Program funding from Montalvo Arts Center’s
“Arts Splash” to “5-Hour Sculpture: A Pop-Up Arts Festival.”
BACKGROUND:
In March, the City Council allocated $3,704 in Community Event Grant Program funding to
Montalvo Arts Center’s “Arts Splash.” However, Montalvo Arts staff informed the City in late
June 2016 that they were discontinuing the event. Montalvo Arts is requesting that the City
Council reallocating the $3,704 to a new event called “5-Hour Sculpture: A Pop-Up Arts
Festival.” The event will be held on July 22, 2016 and will feature 11 works of art, which range
from interactive engagements, temporary installations, and participatory works. The event is
expected to attract more than 2,000 visitors. Information about the event is included in
Attachment A and also available online at http://montalvoarts.org/events/5_hour_sculpture/.
ATTACHMENTS:
Attachment A: Montalvo Arts Grant Application
144
145
146
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:Public Works
PREPARED BY:John Cherbone, Public Works Director
SUBJECT:Landscaping &Lighting Assessment District LLA-1; Resolutions initiating
renewal of the District for FY 17-18.
RECOMMENDED ACTION:
1.Move to adopt the Resolution describing improvements and directing preparation of the
Engineer’s Report.
2.Move to adopt the Resolution appointing the Attorney’s for the District.
REPORT SUMMARY:
Attached are two Resolutions the City Council must adopt to initiate the annual process of
renewing the Landscaping & Lighting Assessment District LLA-1 for the upcoming fiscal year
beginning on July 1 and/or annex new Zones. A brief summary of each Resolution is as follows:
1.Resolution describing improvements and directing preparation of the Engineer’s
Report -This is the Resolution required under Streets & Highways Code Section 22622 to
initiate the annual renewal process for the existing assessment district and the annexation of
new Zones for the ensuing fiscal year. The Resolution references the proposed
improvements to be provided by the district (Exhibit A), and directs the preparation of the
Engineer’s Report required under S&H Code Section 22565.
2.Resolution appointing Attorneys -This Resolution appoints the City Attorney’s office as
the attorneys for the District throughout the renewal process, and limits their fees in
connection with this work to $500.
The provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted by the
State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective on July 1, 1997,
will be implemented during the renewal process if necessary.
Procedurally this means that assessment ballots will be mailed to those property owners within
the District whose initial proposed assessments are either 1) higher than in any previous year and 147
who have not previously voted on their assessments, 2) higher than what was authorized via
balloting conducted in a previous year, or 3) annexation of new Zones. As in previous years,
ballots will be separately tabulated at the close of the Protest Hearing for each Zone that may be
voting. Only those ballots returned by the close of the Protest Hearing will count towards
determining whether a majority protest exists.
ATTACHMENTS:
Attachment A: Resolution describing improvements and directing preparation of the Engineer’s
Report.
Attachment B: Resolution appointing Attorneys.
148
RESOLUTION NO.
A RESOLUTION DESCRIBING IMPROVEMENTS AND
DIRECTING PREPARATION OF ENGINEER'S REPORT
FOR FISCAL YEAR 2017-2018
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-1
WHEREAS, The City Council did, pursuant to the provisions of the Landscaping and
Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of
California, conduct proceedings for the formation of the City of Saratoga Landscaping and
Lighting Assessment District LLA-1 and for the levy and collection of assessments for fiscal year
1980 - 1981, and did, on June 18, 1980, pursuant to proceedings duly had, adopt its Resolution
No. 950-D, a Resolution Overruling Protests and Ordering the Formation of an Assessment
District and the Improvements and Confirming the Diagram and Assessments; and
WHEREAS, The public interest, convenience and necessity require, and it is the intention
of said Council to undertake proceedings for the levy and collection of assessments upon the
several lots or parcels of land in said District and/or several lots of parcels of land which are
proposed to be annexed into said District for the construction or installation of improvements,
including the maintenance or servicing, or both, thereof, for the fiscal year 2017-2018; and
WHEREAS, The improvements to be constructed or installed, including the maintenance
or servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and
by reference incorporated herein; and
WHEREAS, The costs and expenses of said improvements, including the maintenance or
servicing, or both, thereof, are to be made chargeable upon said District and/or upon the lots
within the territory proposed to be annexed into said District , the exterior boundaries of which
District are the composite and consolidated area as more particularly shown on a map thereof on
file in the office of the Clerk of the City of Saratoga to which reference is hereby made for further
particulars. Said map indicates by a boundary line the extent of the territory included in said
District and/or to be annexed into said District and shall govern for all details as to the extent of
the assessment district, and the proposed annexation; and
WHEREAS, The Engineer of said City be, and is hereby, directed to prepare and file with
said Clerk a report, in writing, referring to the assessment district and/or proposed annexation by
its distinctive designation, specifying the fiscal year to which the report applies, and, with respect
to that year, presenting the following:
a)plans and specification of the existing improvements and for proposed new
improvements, if any, to be made within the assessment district or within
the territory to be annexed into said District;
1 149
b)an estimate of the costs of said proposed new improvements, if any, to be
made, the costs of maintenance or servicing, or both, thereof, and of any
existing improvements, together with the incidental expenses in connection
therewith;
c)a diagram showing the exterior boundaries of the assessment district and of
any zones within said district and the lines and dimensions of each lot or
parcel of land within the district as such lot or parcel of land is shown on
the County Assessor's map for the fiscal year to which the report applies,
each of which lots or parcels of land shall be identified by a distinctive
number or letter on said diagram; and
d)a proposed assessment of the total amount of the estimated costs and
expenses of the proposed new improvements, including the maintenance or
servicing, or both, thereof, and of any existing improvements upon the
several lots or parcels of land in said district in proportion to the estimated
particular and distinct benefits to be received by each of such lots or
parcels of land, respectively, from said improvements, including the
maintenance or servicing, or both, thereof, and of the expenses incidental
thereto.
WHEREAS, The Office of the Public Works Director of said City be, and is hereby,
designated as the office to answer inquiries regarding any protest proceedings to be had herein,
and may be contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue,
Saratoga, California 95070 or by calling (408) 868-1241.
* * * * * * * *
BE IT RESOLVED, The above and foregoing resolution was passed and adopted at a
regular meeting of the Saratoga City Council held on the 6th day of July, 2016 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Manny Cappello, Mayor
ATTEST:
_________________________________
Crystal Bothelio, City Clerk
Exhibit A
DESCRIPTION OF IMPROVEMENTS
2 150
The design, construction or installation, including the maintenance or servicing, or both, thereof,
of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains
and other ornamental structures and facilities, and public lighting facilities for the lighting of any
public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels,
manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers,
insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments
and appurtenances, including the cost of repair, removal or replacement of all or any part thereof,
providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation,
trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings,
rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent
for any public lighting facilities or for the lighting or operation of any other improvements; and the
operation of any fountains or the maintenance of any other improvements including storm water
improvements connected to National Pollutant Discharge Elimination System (NPDES) permit
requirements.
3 151
RESOLUTION NO.
A RESOLUTION APPOINTING ATTORNEYS
FOR FISCAL YEAR 2017-2018
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-1
RESOLVED, by the City Council of the City of Saratoga, California, that
WHEREAS, the City Council has determined to undertake proceedings for the levy and
collection of assessments upon the parcels of land in the City of Saratoga Landscaping and
Lighting Assessment District LLA-1 pursuant to the Landscaping and Lighting Act of 1972 for
the construction or installation of improvements, including the maintenance or servicing, or both,
thereof for the fiscal year 2017-2018; and
WHEREAS, the public interest and general welfare will be served by appointing and
employing attorneys for the preparation and conduct of said proceedings;
NOW, THEREFORE, IT IS ORDERED, as follows:
1.That the law firm of Shute, Mihaly & Weinberger be, and it is hereby appointed
and employed to do and perform all legal services required in the conduct of said proceedings,
and that its compensation be, and it hereby is fixed at not to exceed $500.00.
* * * * * * *
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 6th day of July, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Manny Cappello, Mayor
ATTEST:
_________________________________
Crystal Bothelio, City Clerk
152
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:Public Works
PREPARED BY:Iveta Harvancik, Senior Engineer
SUBJECT:Landscaping and Lighting Assessment District Annexation No.1 for Fiscal
Year 2017/18 –Zone No. 38 (Paramount Court)–Preliminary approval of
Engineer’s Report for Annexation and Adoption of Resolution of Intention
for Fiscal Year 2017/18
RECOMMENDED ACTION:
1.Move to adopt the Resolution granting preliminary approval of the Engineer’s Report for
the City of Saratoga Landscaping and Lighting District LLA-1, Annexation No. 1 (Zone
No. 38 -Paramount Court) for F.Y. 2017/18.
2.Move to adopt Resolution of Intention to order the levy and collection of assessments for
the City of Saratoga Landscaping and Lighting District LLA-1, Annexation No. 1 (Zone
No. 38 –Paramount Court) for F.Y. 2017/18.
REPORT SUMMARY:
In June the City Council approved Final Map for Tract No. 10325 –application No. SUB 13-
0003 subdividing Paramount Court parcel into seven residential parcels.The subdivision is
regulated by the National Pollutant Discharge Elimination System (NPDES) permit and
approved Subdivision Improvement Plans include all required storm water treatment measures.
The developer is responsible to install all related improvements including vegetated swales,
biotreatment basins, and pervious pavers.Future ongoing maintenance will be responsibility of
the individual property owners.To assure proper future maintenance of the stormwater treatment
measures, the developer agrees to annex the property into existing City Landscape and Lighting
Assessment District as a new zone.
153
The process of annexation of a new Zone (Zone No. 38) to Landscaping and Lighting Assessment
District LLA-1 for FY 17-18 includes approval of following two resolutions:
1.A Resolution of Preliminary Approval of Engineer's Report for Annexation of Zone 38 to
Landscaping and Lighting Assessment District LLA-1 Fiscal Year 2017-2018 -This is the
Resolution required under the State Streets & Highways Code (S&H) section 22623 which
grants preliminary approval of the Engineer's Report for Annexation of a New Zone to the
City of Saratoga Landscaping and Lighting District LLA-1 for FY 17-18.
2.A Resolution of Intention to order the levy and collection of assessments for Annexation
of Zone 38 to Landscaping and Lighting Assessment District LLA-1 Fiscal Year 2017-2018
-This is the Resolution required under S&H section 22624 which, among other things, fixes the
date and time for the Public Hearing on September 7
th, 2016.
Once the Resolutions are approved by the City Council, a balloting process following the
requirements of Proposition 218 will occur, after which it will be determine whether the
annexation of the properties into the District and collection of assessments can occur. Given the
past success with these types of projects in other parts of the City, it is recommended that the
Council adopt the Resolutions at this time to continue the annexation process.
ATTACHMENTS:
Attachment A:Resolution of Preliminary Approval of Engineers Report for Annexation
Attachment B: Resolution of Intention
Attachment C: Engineer’s Report
154
RESOLUTION NO.
A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT
CITY OF SARATOGA
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1
ANNEXATION NO.1 (ZONE 38 – PARAMOUNT COURT)
FISCAL YEAR 2017-2018
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 6th day of
July, 2016, the City Council adopted Resolution No. 16-044, "A Resolution Describing
Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2017-2018", for
the City of Saratoga Landscaping and Lighting District LLA-1 and referred the proposed
improvements to the Engineer of the City and directed the Engineer to prepare and file with the
City Clerk a report, in writing, all as therein more particularly described; and
WHEREAS, said City Engineer prepared and filed with the City Clerk a report for
annexation of the new Zone No. 38 – Paramount Court in writing as called for in said Resolution
and under and pursuant to said Act, which report has been presented to this Council for
consideration and these reports; and
WHEREAS, the City Council has duly considered each and every part of the Report , and
finds that each and every part of the Report is sufficient, and that neither said Report, nor any part
of it should be modified in any respect.
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
1.That the plans and specifications for the existing improvements and the proposed
new improvements to be made within the Zone No. 38 of the assessment district, contained in the
Report, be, and they are hereby preliminarily approved.
2.That the Engineer's estimate of the itemized and total costs and expenses of said
improvements, maintenance and servicing thereof, and of the incidental expenses in connection
therewith, contained in the Report, be, and each of them are hereby preliminarily approved.
3.That the diagram showing the exterior boundaries of the assessment district Zone
No. 38 referred to and described in the above-referenced Resolution and the lines and dimensions
of each lot or parcel of land within said Zone as such lot or parcel of land is shown on the County
Assessor's maps for the fiscal year to which the Report applies, each of which lot or parcel of land
has been given a separate number upon said diagram, as contained in said Report, be, and it
hereby is preliminarily approved.
4.That the proposed assessment of the total amount of the estimated costs and
1 155
expenses of the proposed improvements upon the several lots or parcels of land in said assessment
district Zone in proportion to the estimated benefits to be received by such lots or parcels,
respectively, from said improvements including the maintenance or servicing or both, thereof, and
of the expenses incidental thereto, as contained in the Report, are hereby preliminarily approved.
5.That the Report shall stand as the Engineer's Report for the purpose of all
subsequent proceedings to be had pursuant to the above-referenced Resolutions.
* * * *
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the 6th day of July, 2016 by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
ABSTAIN:
Manny Cappello, Mayor
ATTEST: City of Saratoga
Crystal Bothelio, City Clerk
2 156
RESOLUTION NO.
A RESOLUTION OF INTENTION TO ORDER THE
LEVY AND COLLECTION OF ASSESSMENTS PURSUANT
TO THE LANDSCAPING AND LIGHTING ACT OF 1972
CITY OF SARATOGA LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT LLA-1
ANNEXATION NO. 1
(ZONE NO. 38 – PARAMOUNT COURT)
FISCAL YEAR 2017-2018
WHEREAS, pursuant to Resolution No. 16-044, "A Resolution Describing
Improvements and Directing Preparation of Engineer's Report For Annexation of a New Zone to
City of Saratoga Landscaping and Lighting District LLA-1” adopted on July 6, 2016, the
Engineer of said City has prepared and filed with the City Clerk the written report called for under
the Act and by the Resolutions, and the report has been submitted and preliminarily approved by
this Council in accordance with the Act;
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
1.In its opinion the public interest and convenience require and it is the intention of
this Council to order the levy and collection of assessments for Fiscal Year 2017-2018 pursuant
to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets
and Highways Code of the State of California, for the construction, installation, maintenance,
and/or servicing of the improvements, more particularly described in Exhibit "A" hereto attached
and by reference incorporated herein.
2.The cost and expenses of said improvements, including the maintenance and/or
servicing thereof, are to be made chargeable upon the assessment district designated as "City of
Saratoga Landscaping and Lighting District LLA-1," the exterior boundaries of which are more
particularly described on a map thereof on file in the office of the Clerk of the City of Saratoga,
which is incorporated by reference herein. Said map indicates by a boundary line the extent of the
territory included in the district and of any zone thereof and the general location of said district.
3.The Engineer's Report preliminarily approved by this Council on the day this
Resolution is adopted and on file with the City Clerk of this City, is hereby referred to for a full
and detailed description of the improvements and the boundaries of the assessment district and
any zones therein, and the proposed assessments upon assessable lots and parcels of land within
the district.
4.Notice is hereby given that Wednesday, the 7th day of September, 2016, at the
hour of 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California,
a public hearing will be held by this Council on the question of the levy and collection of the
1 157
proposed assessment for the construction, installation, maintenance, and/or servicing of said
improvements. At this public hearing, the City Council will consider all oral statements and all
written protests made or filed by any interested person at or before the conclusion of said hearing,
against said improvements, the boundaries of the assessment district and any zone therein, the
proposed diagram or the proposed assessment, or to the Engineer's estimate of the cost of the
improvements. At the close of this public hearing, the City Council will consider and finally act
upon the Engineer's report and tabulate the ballots.
5.The City Clerk is hereby directed to give notice of said hearing by causing a copy
of this Resolution to be published once in the Saratoga News, a newspaper published and
circulated in the City, and by conspicuously posting a copy thereof upon the official bulletin board
customarily used by the City of Saratoga for the posting of notices, said posting and publication
to be had and completed at least ten (10) days prior to the date of hearing specified herein. The
Clerk is further directed to post all notices and distribute all ballots required by Article XIIID and
sections 4(c) and (d) of the California Constitution in accordance with the requirements thereof.
6.The Office of the City Engineer is designated as the office to answer inquiries
regarding any protest proceedings to be had herein, and may be contacted during the regular
office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or by calling
(408) 868-1241.
* * * * *
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the 6th day of July, 2016, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
ABSTAIN:
Manny Cappello, Mayor
Attest: City of Saratoga
Crystal Bothelio, City Clerk
2 158
Exhibit A
DESCRIPTION OF IMPROVEMENTS
The design, construction or installation, including the maintenance or servicing, or both, thereof,
of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains
and other ornamental structures and facilities, and public lighting facilities for the lighting of any
public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels,
manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers,
insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments
and appurtenances, biotreatment basins, vegetated swales, landscaped detention areas, permeable
pavers including the cost of repair, removal or replacement of all or any part thereof, providing
for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming,
spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris
and other solid waste; electric current or energy, gas or other illuminating agent for any public
lighting facilities or for the lighting or operation of any other improvements; and the operation of
any fountains or the maintenance of any other improvements all as more particularly described in
the City of Saratoga Landscaping and Lighting District Annexation to Landscaping & Lighting
Assessment District LLA-1, Zone 38 Engineer’s Report for fiscal year 2017/2018 dated June 28,
2016.
3 159
CITY OF SARATOGA
TRACT NO. 10325 LANDSCAPING AND LIGHTING
DISTRICT
ANNEXATION TO
LANDSCAPING & LIGHTING ASSESSMENT
DISTRICT LLA- 1, ZONE 38
ENGINEER’S REPORT
FISCAL YEAR 2017/2018
JUNE 28, 2016
160
TABLE OF CONTENTS
SECTION I. OVERVIEW ................................................................................................. 1
SECTION II. PLANS AND SPECIFICATION .................................................................. 3
SECTION III. PROPOSED FISCAL YEAR 2017/2018 BUDGET ..................................... 4
A. ESTIMATED FISCAL YEAR 2017/2018 BUDGET ............................................. 4
SECTION IV. METHOD OF APPORTIONMENT ............................................................ 5
A. GENERAL ............................................................................................................... 5
B. BENEFIT ANALYSIS ............................................................................................ 5
C. ASSESSMENT METHODOLOGY ........................................................................ 6
D. ASSESSMENT RANGE FORMULA ..................................................................... 6
SECTION V. ASSESSMENT ROLL .................................................................................. 7
SECTION VI. ASSESSMENT DIAGRAM .......................................................................... 8
161
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 1
Fiscal Year 2017/2018 Engineer’s Report
SECTION I. OVERVIEW
A. Introduction and Background
In 1980, the City of Saratoga (the “City”) formed the City of Saratoga Landscaping and
Lighting Assessment District LLA-1 (the “District”). Since that time as property owners
or developers have requested, the City has annexed new Zones into the District. Property
owners within the proposed Tract No. 10325 Landscaping & Lighting District petitioned
the City to form and annex the area as Zone 38 into the District. The City desires to annex
Zone 38 (the “Zone”) into the District. Zone 38 will be budgeted separately and the
properties within the Zone are assessed annually for their proportionate share of special
benefit of the maintained improvements as further described in this Engineer’s Report. This
report constitutes the Fiscal Year (“FY”) 2017/2018 Engineer’s Report for the Annexation
of Zone 38.
The City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972,
Part 2 of Division 15 of the Streets and Highways Code of California, beginning with
Section 22500 (“1972 Act”) and in compliance with the substantive and procedural
requirements of the California State Constitution Article XIIIC and XIIID (“Proposition
218”) and the Proposition 218 Omnibus Implementation Act (Government Code Section
53750 and following) (the “Implementation Act”) desires to levy and collect annual
assessments against lots and parcels within the Zone beginning in the fiscal year
commencing July 1, 2017 and ending June 30, 2018 to pay for the operation, maintenance
and servicing of landscaping and public lighting improvements within the Zone. The
proposed assessments are based on the City’s estimate of the costs for Fiscal Year
2017/2018 to maintain the improvements that provide a special benefit to properties
assessed within the Zone. The assessment rates set for Fiscal Year 2017/2018 as set forth in
this Engineer’s Report, is the maximum rate, with consideration of the escalator further
described in Section IV, D of this report, established for the Zone and will be balloted for
compliance with Proposition 218 in order to establish the 2017/2018 assessment rates.
162
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 2
Fiscal Year 2017/2018 Engineer’s Report
B. Contents of Engineer’s Report
This Report describes the Zone 38 boundaries and the proposed improvements to be
assessed to the property owners located within the Zone. The Report is made up of the
following sections.
Section I. Overview – Provides a general introduction into the Report and provides
background on the Zone and the assessment.
Section II. Plans and Specifications – Contains a general description of the improvements
that are maintained and serviced by the Zone.
Section III. Proposed Fiscal Year 2017/2018 Budget – Identifies the cost of the
maintenance and services to be provided by the Zone including incidental costs and
expenses.
Section IV. Method of Apportionment – Describes the basis in which costs have been
apportioned to lots or parcels within each of the Zones within the District, in proportion to
the special benefit received by each lot or parcel.
Section V. Assessment Roll – The assessment roll identifies the maximum assessment to
be levied to each lot or parcel within the District.
Section VI. Assessment Diagram – Displays a diagram of the Zone.
For this Report, each lot or parcel to be assessed, refers to an individual property assigned
its own Assessment Parcel Number (“APN”) by the Santa Clara County (“County”)
Assessor’s Office as shown on the last equalized roll of the assessor.
Following the conclusion of the Public Hearing, the City Council will confirm the Report
as submitted or amended, tabulate the ballots and may order the collection of assessments
for Fiscal Year 2017/2018 if there is not a majority protest.
163
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 3
Fiscal Year 2017/2018 Engineer’s Report
SECTION II. PLANS AND SPECIFICATION
A. General Description of the District
The District consists of all land located within Tract 10325 and is generally located at the
terminus of Paramount Court and Paramount Drive. Upon final subdivision, there are
expected to be seven assessable properties within Zone 38.
B. Description of Services and Improvements to be Maintained
The District provides a funding mechanism for the ongoing maintenance, operation and
servicing of landscaping and public lighting improvements that provide special benefit to
the parcels within the Zone. These improvements may include, but are not limited to,
biorentention basins, water quality measures, the design, construction or installation,
including the maintenance or servicing, or both, thereof, of landscaping, including trees,
shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental
structures, curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or
electrical facilities, attachments and appurtenances, including the cost of repair, removal
or replacement of all or any part thereof, providing for the life, growth, health and beauty
of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating
for disease or injury; the removal of trimmings, rubbish, debris and other solid waste;
electric current or energy for any electrical facilities or operation of any other
improvements; and the maintenance of any other improvements.
The City and Paramount Venture, LLC (“Developer or Property Owner”) have entered into
an agreement, which has been recorded on the property entitled a “Covenant and
Agreement for Stormwater Treatment Measure Construction, Inspection and Maintenance”
(“Agreement”). The Agreement, which by reference is made part of this report, allows the
Property Owner to comply with the terms of the Agreement by forming this Zone.
Maintenance services will be provided by City personnel and/or private contractors. The
proposed improvements to be maintained are set forth in Exhibit B of the Agreement, the
services are set forth as Exhibit C of the Agreement and generally described as follows:
ZONE IMPROVEMENTS
38 (Tract No. 10325 Landscaping and Lighting District) – Provides for
maintenance of Stormwater Treatment Measure including landscaping
(bioretention treatment swale) and pervious paving in Tract 10325.
164
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 4
Fiscal Year 2017/2018 Engineer’s Report
SECTION III. PROPOSED FISCAL YEAR 2017/2018 BUDGET
A. Estimated Fiscal Year 2017/2018 Budget
A summary of the proposed District fiscal year 2017/2018 budget is summarized, by category,
in the Table shown below:
Zone Budget
ZONE NUMBER ZONE 38
Operations
Repairs $12,300.00
Maintenance $13,000.00
Water $0.00
Electric $0.00
Subtotals $25,300.00
City Costs1 $1,000.00
Total Costs $26,300.00
Revenue Sources
Carryover $0.00
Property Tax $0.00
Subtotals $0.00
Net Cost $26,300.00
Carryover not recovered $0.00
Carryover not reimbursed $0.00
Net Assessment $26,300.00
Expected No. of Parcels 7
Assessment Per Parcel $3,757.14
Maximum Assessment Per Parcel $3,757.14
1 City Costs includes administration and indirect costs.
165
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 5
Fiscal Year 2017/2018 Engineer’s Report
SECTION IV. METHOD OF APPORTIONMENT
A. General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose
of providing certain public improvements, which include the construction, maintenance,
and servicing of landscaping and public lights and appurtenant facilities.
Streets and Highways Code Section 22573 requires that maintenance assessments be levied
according to benefit rather than the assessed value.
“The net amount to be assessed upon lands within an assessment district
may be apportioned by any formula or method which fairly distributes the
net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the
improvements.”
In addition, Article XIIID and the Implementation Act require that a parcel’s assessment
may not exceed the reasonable cost for the proportional special benefit conferred to that
parcel. A special benefit is a particular and distinct benefit over and above general benefits
conferred on property located within the assessment district. Article XIIID and the
Implementation Act further provides that only special benefits are assessable and the City
must separate the general benefits from the special benefits. They also require that publicly
owned properties which specifically benefit from the improvements be assessed.
B. Benefit Analysis
Each of the proposed improvements and the associated costs and assessments within the
District has been reviewed, identified and allocated based on special benefit pursuant to
the provisions of Proposition 218, the Implementation Act, and the Streets and Highways
Code Section 22573.
Proper maintenance and operation of the Improvements provide special benefit to
properties by providing;
1. Satisfaction of National Pollutant Discharge Elimination System (NPDES) permit, a
condition of development and the Agreement;
2. Reduces impervious runoff volumes and rates;
3. Recharges groundwater and sustains stream base flows; and
4. Reduces detention needs.
The improvements are located adjacent to or on properties located within the Zone to serve
only properties in the Zone. Any benefit to other property is ancillary to the specific benefit
that is provided to the properties within the Zone. In addition, the improvements were
required as a condition of development of Tract No. 10325, are included in the Agreement
and benefit only the parcels within the tract and therefore there is no general benefit. In the
166
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 6
Fiscal Year 2017/2018 Engineer’s Report
absence of the Zone, each Property Owner will be responsible for the maintenance of the
stormwater improvements and fulfilling the terms of the Agreement.
C. Assessment Methodology
To establish the special benefit to the individual lots or parcels within the District and the
proposed Zone the assessment methodology has been established as follows:
Administrative costs shall be spread equally to all of the lots or parcels of land assessed
within the District.
The cost of Improvements shall be spread equally to all of the lots or parcels of land located
within the Zone.
It is estimated that each of the parcels within the Zone, once subdivided, will receive an
equal special benefit from the services provided within the Zone, as the parcels each benefit
from having bioretention treatment swales and pervious pavement on the lower portion of
each lot maintained by the City. No parcel will receive a greater or lesser benefit from the
ongoing maintenance, operation and servicing of improvements, and therefore the
assessment will be distributed equally among the parcels.
VALUE OF
BENEFIT
ESTIMATED
PARCELS
SPECIAL
BENEFIT
MAXIMUM ASSESSMENT
RATE
$26,300.00 ÷ 7 * 100% = $3,757.14
D. Assessment Range Formula
The purpose of establishing an Assessment Range Formula is to provide for reasonable
inflationary increases to the annual assessments without requiring the Zone to go through
an expensive balloting process required by law in order to get a small increase. The
maximum assessment for each parcel shall be the amount calculated for the previous year
multiplied by 1.05.
The Maximum Assessment adjusted annually by this formula is not considered an
increased assessment and may be implemented starting with the FY 2018/2019.
Although the Maximum Assessment will increase each year, the actual assessment will
only reflect the necessary budgeted amounts and may remain unchanged. Increases in the
budget or an increase in the rate in one year from the prior year will not require a new 218
balloting unless the rate is greater than the Maximum Assessment adjusted to reflect the
1.05 increase as described above.
167
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 7
Fiscal Year 2017/2018 Engineer’s Report
SECTION V. ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the Zone shall be the parcel as shown on the
County Assessor's map for the year in which this Report is prepared.
A listing of parcels assessed within the Zone, along with the proposed assessment amounts, are
shown below. Said listing of parcels to be assessed shall be submitted to the County
Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2017/2018.
If any parcel submitted for collection is identified by the County Auditor/Controller to be an
invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel
numbers will be identified and resubmitted to the County Auditor/Controller. The assessment
amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method
of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has
changed to multiple parcels, the assessment amount applied to each of the new parcels shall be
recalculated and applied according to the approved method of apportionment and assessment rate
rather than a proportionate share of the original assessment.
APN
PARCEL
NUMBER ZONE #
DIAGRAM SHEET
NO.
ASSESSMENT AS
PRELIMINARY
APPROVED
ASSESSMENT
AS FINALLY
CONFIRMED
503-82-006 1 Zone 38 Zone 38 $3,757.14
503-82-006 2 Zone 38 Zone 38 $3,757.14
503-82-006 3 Zone 38 Zone 38 $3,757.14
503-82-006 4 Zone 38 Zone 38 $3,757.14
503-82-006 5 Zone 38 Zone 38 $3,757.14
503-82-006 6 Zone 38 Zone 38 $3,757.14
503-82-006 7 Zone 38 Zone 38 $3,757.14
168
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 8
Fiscal Year 2017/2018 Engineer’s Report
SECTION VI. ASSESSMENT DIAGRAM
The parcels within the Zone consist of lots, parcels and subdivisions of land located on the boundary
map attached.
169
BLAUER
B R A
N D Y
W
I N E
A P O L L O
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
C T .
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
Assessm ent DiagramCity of Sar atogaLandscaping and Lighting Dis tric t LLA -1Zone 38
Zone 38 PropertyZone 38 will consist of 7 parcels ±
50382006
170
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 10
Fiscal Year 2017/2018 Engineer’s Report
CITY OF SARATOGA
City of Saratoga
Tract No. 10325 Landscaping & Lighting District
Landscaping & Lighting District LLA-1, Zone 38
Engineer’s Report
Fiscal Year 2017/2018
The undersigned respectfully submits the enclosed Report as directed by City Council.
________________________________
C. Stephen Bucknam Jr., C20903
________________________________
Lyn Gruber
Koppel & Gruber Public Finance
171
Page 1 of 1
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:Public Works Department
PREPARED BY:Mainini Cabute, Management Analyst II
SUBJECT:Motor Vehicle Resolutions Establishing Parking Restrictions on Prospect Road
(Near Via Roncole) and Melinda Circle (Near Kristy Lane)
RECOMMENDED ACTION:
1. Adopt Motor Vehicle Resolution installing parking restriction on Prospect Road at Via Roncole.
2. Adopt Motor Vehicle Resolution installing parking restriction on Melinda Circle at Kristy Lane.
BACKGROUND:
On November 12, 2015, the City’s Traffic Safety Commission made a recommendations restricting
parking at two different locations listed below.
Prospect Road at the intersection of Via Roncole: This recommendation was part of a traffic calming
project in the Arroyo De Arguello neighborhood. Residents from that neighborhood have expressed
concern over the sight distance issue of turning left onto Prospect from Via Roncole when large trucks
or recreational vehicles block visibility when parked at that location. The traffic engineer
recommended red paint to restrict parking and the TSC approved that recommendation.
Melinda Circle: The residents who live in the neighborhood behind Christa McAuliffe Elementary
School expressed their concerns to the Traffic Safety Commission about the lack visibility at the
intersection of Kristy Lane and Melinda Circle and on Melinda Circle opposite the back entrance to
Christa McAuliffe Elementary School. Their concerns included being unable to see children walking
on the side of the street toward the school parking lot and crossing Kristy Lane at the corners of
Melinda Circle. The traffic engineer recommended time restrictions for the section opposite the back of
the school entrance to only school days during drop off and pick up times.
ATTACHMENTS:
Attachment A:MV Reso Parking Restriction at Prospect Road and Via Roncole
Attachment B: Location map Parking Restriction at Prospect Road and Via Roncole
Attachment C:MV Reso Parking Restriction at Melinda Circle and Kristy Lane
Attachment D: Location map Parking Restriction at Melinda Circle and Kristy Lane
172
RESOLUTION NO. MV- ______
RESOLUTION AUTHORIZING NO PARKING RED PAINT
PROSPECT ROAD AT VIA RONCOLE
The City Council of the City of Saratoga hereby resolves as follows:
I. Based upon an engineering and traffic study and the request of the Traffic Safety
Commission and Saratoga residents:
NAME OF STREETS LOCATION RESTRICTION
Prospect Road Prospect Road at Via
Roncole
No parking beginning at
corner of Via Roncole
and 50 feet eastbound on
Prospect Road
II. All prior resolutions and other enactments imposing a parking restriction at the location
specified above are hereby repealed to the extent of their inconsistency with the restriction
specified above.
III. This resolution shall become effective at such time as the signs and/or markings are
installed.
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 6th day of July, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Manny Cappello, Mayor
ATTEST:
____________________________
Crystal Bothelio, City Clerk
173
V i a R o n c o l e
P r o s p e c t R o a d
J
a m
e
s T o w
n
C t
M a u r e e n Way
J a m e s T o w n D r
0 100 200 300 40050Fee t
Prospect Road Parking Restriction at Via Roncole
±
No Parking or Stopping Anytime
174
RESOLUTION NO. MV- ______
RESOLUTION AUTHORIZING NO PARKING SIGNS & RED PAINT
MELINDA CIRCLE
The City Council of the City of Saratoga hereby resolves as follows:
I. Based upon an engineering and traffic study and the request of the Traffic Safety
Commission and Saratoga residents:
NAME OF STREETS LOCATION RESTRICTION
Melinda Circle At the corners of Melinda
Circle and Kristy Lane and
on Melinda Circle
opposite the back entrance
of Christa McAuliffe
Elementary School
50 feet of red paint on
the corners of Melinda
Circle and Kristy Lane
and no parking signs on
each end. 50 feet
restricted parking (M-F
8-9 AM and 2:15 to 3:30
PM) opposite the back
entrance of Christa
McAuliffe Elementary
School
II. All prior resolutions and other enactments imposing a parking restriction at the location
specified above are hereby repealed to the extent of their inconsistency with the restriction
specified above.
III. This resolution shall become effective at such time as the signs and/or markings are
installed.
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 6
th day of July, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Manny Cappello, Mayor
ATTEST:
____________________________
Crystal Bothelio, City Clerk
175
K r i s t y L n
M e l i n d a C i r
bcdpf
bcdpf
bcdpf
bcdpf bcdpf
bcdpf
0 50 100 150 20025Fee t
Me linda Circle Parkin g Restriction at Kristy La ne
±
No Parking or Stopping Anytime No Parking Signbcdpf
176
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Confirmation of Report and Assessment of Weed/Brush Abatement Program
RECOMMENDED ACTION:
Open public hearing, accept public testimony, close public hearing, and adopt resolution
confirming report and assessment of hazardous vegetation abatement charges.
BACKGROUND:
Under State and local laws, local governments routinely abate the seasonal hazardous vegetation
on undeveloped property. For the County and several cities, including Saratoga, this hazardous
vegetation abatement program is administered by the Office of the Agricultural Commissioner.
As part of the abatement program, properties are inspected for hazardous vegetation, including
both weeds and brush, and property owners that are out of compliance are notified that they must
meet abatement requirements. If the property owner fails to do so, a contractor hired by the
County will perform abatement work and the cost of removal will be applied to the property
owner’s property tax.
The attached list, Attachment B, notes the parcels that are expected to receive assessments
through Santa Clara County. Potential assessments include several fees (noted in the table below)
and the cost of the abatement work. The total amount will be included as a special assessment on
the property owner’s tax bill following confirmation of charges.
Fees New Amount
Initial Inspection Fee
Charged annually to all parcels on the Abatement List. The fee
recovers costs associated with data entry, file preparation, noticing,
boundary determination, and overhead. Parcels are removed from
the Weed Abatement Program after three consecutive years of
compliance with weed abatement and fire standards.
$55
Failed Second Inspection Fee
Charged for parcels that fail the second inspection or the annual
compliance inspection, if the property is already on the Weed
Abatement List.
$440
177
Contract Work Fee
Charged to parcels where abatement work is performed by the
County contractor. This fee is in addition to the contractor’s costs to
abate weeds, which is charged directly to the property owner.
$335
If the attached resolution is adopted by Council, the Office of the Agricultural Commissioner will
proceed with the abatement program assessments.
Resident Resources
In addition to the fire prevention efforts through the Santa Clara County Weed Abatement
Program and Santa Clara County Fire Department, the City of Saratoga works with the Saratoga
Area FireSafe Council to offer free fire prevention services to Saratoga residents. Residents in
high or very high fire hazard zones in the City are eligible for free chipping of materials (such as
branches or shrubs) cleared from defensible space. Additionally, the Saratoga Area FireSafe
Council provides residents with information about mitigating the risk of wildfires.
The Saratoga Area FireSafe Council was established in 2013 through a partnership between the
City of Saratoga, Saratoga Fire Protection District, and Santa Clara County FireSafe Council.
Additional information is available at http://www.sccfiresafe.org/communities/saratoga-area.
FISCAL STATEMENT:
The cost of the County contractor and any associated fees is assessed against the property not in
compliance with weed and brush abatement requirements. The program is intended to operate on
a full cost recovery basis. However, in 2015, the County informed cities participating in the weed
abatement program that fees have not covered the full cost of the program. Consequently, the
County is expected to transfer some of the program costs to cities that participate in the Weed
Abatement Program if the cost of the program is not recovered through abatement actions. The
Costs to the City will depend on compliance rates. The City is not expecting to pay for the
program in Fiscal Year 16/17.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice of the public hearing was published in the Saratoga News on June 24, 2016.
ATTACHMENTS:
Attachment A – Resolution Confirming Report & Assessment Charges
Attachment B – 2016 Hazardous Vegetation Abatement Assessment Report
2
178
1RESOLUTION NO. 16-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
CONFIRMING REPORT AND ASSESSMENT OF HAZARDOUS VEGETATION
ASSESSMENT CHARGES
WHEREAS, at a regular meeting of the Saratoga City Council held on July 6, 2016, the
Office of the Agricultural Commissioner submitted a report to the City Council consisting of all
unpaid bills for weed and brush abatement expenses and a proposed assessment list, including
the parcels against which said expenses and applicable administrative and collection costs are to
be assessed, all pursuant to Article 7-15 of the Saratoga City Code; and
WHEREAS, the City Council, having heard said report and all objections finds that no
modifications need to be made to any of said assessments;
NOW, THEREFORE, BE IT RESOLVED that the 2016 Weed Abatement Program
Assessment Report, City of Saratoga, prepared by the Office of the Agricultural Commissioner,
attached to this resolution as Exhibit A and incorporated herein by reference, be and hereby is
confirmed. Should the abatement work be completed by a County contractor, the property owner
will be assessed the contractor’s charges plus a County administrative fees. The total amount will
be included as a special assessment on the property owner’s tax bill following confirmation of
the charges; and the Santa Clara County Auditor will be directed to enter the amounts of said
assessments against the respective parcels of land on the County Tax Roll, and to collect the
same at the time and in the manner as general municipal taxes are collected.
A certified copy of this resolution and assessments shall be filed with the Santa Clara County
Auditor.
Attachments:
Exhibit A – City of Saratoga 2016 Weed Abatement Program Assessment Report
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 6th day of July 2016 by the following vote:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk 179
20
1
6
We
e
d
Ab
a
t
e
m
e
n
t
Pr
o
g
r
a
m
As
s
e
s
s
m
e
n
t
Re
p
o
r
t
Ci
t
y
of
Sa
r
a
t
o
g
a
OW
N
E
R
AD
D
R
E
S
S
Exhibit A
Si
t
u
s
Ar
r
o
w
h
e
a
d
Wa
¡
d
e
l
t
Pr
o
s
p
e
c
t
Pr
o
s
p
e
c
t
Pa
s
e
o
Ce
r
r
o
Co
x
Sa
r
a
t
o
g
a
-
s
u
n
n
y
v
a
l
e
Sa
r
a
t
o
g
a
Co
x
Af
t
o
n
Af
t
o
n
Ca
r
r
i
c
k
Bo
n
n
e
t
As
p
e
s
i
Po
r
t
o
s
My
r
e
n
Da
g
m
a
r
So
b
e
y
AP
N
36
6
-
0
6
-
0
2
7
36
6
-
1
4
-
0
4
1
36
6
-
3
1
-
0
0
7
36
6
-
3
2
-
0
0
2
38
6
-
1
1-
0
2
1
38
6
-
1
3
-
0
5
9
38
6
-
3
0
-
0
3
5
38
9
-
0
6
-
0
1
7
38
9
-
1
3
-
0
0
8
38
9
-
1
7
-
0
1
0
38
9
-
1
7-
0
1
5
38
9
-
1
7
-
0
3
2
38
9
-
2
1
-
0
0
1
38
9
-
2
5
-
0
0
1
38
9
-
3
0
-
0
0
2
38
9
-
3
7
-
0
3
9
38
9
-
3
8
-
0
1
8
39
7
-
0
3
-
0
0
2
21
3
9
8
A¡
r
o
w
h
e
a
d
Ln
10
8
5
6
Li
n
d
a
Vi
s
t
a
D¡
2
I
98
I
Pr
o
s
p
e
c
t
Rd
2
I
78
I
Pr
o
s
p
e
c
t
Rd
43
5
Se
r
r
a
m
o
n
t
e
Bl
v
d
18
5
9
7
Co
x
Av
e
77
7
Ca
l
f
o
m
i
a
Av
e
Po
Bo
x
20
6
7
18
5
9
6
Co
x
Av
e
18
8
5
4
Af
t
o
n
Av
e
18
7
7
4
Af
t
o
n
Av
e
13
2
3
9
Ca
¡
r
i
c
k
Av
e
19
1
2
7
Bo
n
n
e
t
Wa
y
ll
l
Al
m
a
d
e
n
B
l
19
0
1
0
Po
r
t
o
s
Dr
60
7
Gr
a
y
s
o
n
Wa
y
l9
l
l0
Da
g
m
a
r
Dr
14
1
4
1
So
b
e
y
Rd
SA
R
A
T
O
G
A
CU
P
E
R
T
I
N
O
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
CO
L
M
A
SA
R
A
T
O
G
A
PA
L
O
AL
T
O
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
N
JO
S
E
SA
R
A
T
O
G
A
MI
L
P
I
T
A
S
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
95070-0000 95014-4749 95070-0000 95070-0000 94014-3226 95070-4107 94304 9s070 95070-4108 95070-4653 9s070-4653 95070-4604 9s070-s2ts 95113-2002 95070-5121 95035 9s070-sr57 95070-5605TAX ROLL AMT s961.20 $2, I 52.86 $55.00 $55.00 s55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $ 1,076.00 $994.00TRAt5t20150071s13r15120150321s0321s0061s02s15032150021s0021s00215042150011s0421504215042 1s00r
1 2 3 4 5 6 7 8 9 10
11 12 13 14 15 16 17 18
21
3
9
8
20
8
5
I
21
9
8
1
21
7
8
1
12
4
4
5
I
85
9
7
12
2
6
0
13
0
2
s
l
85
9
6
I
88
5
4
18
7
7
4
13
2
3
9
t9
1
2
7
19
0
1
0
13
6
0
1
l9
l
10
14
1
4
1
Ch
a
d
h
a
Ma
n
d
h
i
r
An
d
Gu
p
t
a
Mo
n
i
c
a
Le
e
Ar
t
h
u
r
C
An
d
Ha
r
a
De
b
r
a
L
Sh
i
e
Ya
w
Sh
i
An
d
Wa
n
g
Ji
n
g
Ma
y
Ba
l
l
Ni
g
e
l
An
d
Pa
m
e
l
a
Al
i
Sy
e
d
Mo
n
d
a
l
Su
d
h
r
i
t
y
K
An
d
Gh
o
s
h
Su
m
m
e
r
h
i
l
l
Sa
r
a
t
o
g
a
Fr
o
n
t
Ll
c
Mv
s
Co
m
p
a
n
y
Lp
Do
s
s
Ro
g
e
r
E
Tr
u
s
t
e
e
Li
t
v
i
n
Mi
g
u
e
l
E
An
d
An
a
m
a
r
i
a
Z
a
b
a
l
Li
u
Na
n
An
d
Yu
a
n
I'
u
a
n
Re
d
d
i
n
g
Na
d
i
n
e
A
Tr
u
s
t
e
e
Tu
c
k
e
r
Ju
s
t
i
n
An
d
Ka
r
e
n
T
Pa
c
i
f
i
c
Ga
s
An
d
El
e
c
t
r
i
c
Co
Hu
Ji
n
g
c
a
o
An
d
Ka
n
La
n
Ya
l
l
a
Sr
i
n
i
v
a
s
R
An
d
Pe
d
a
r
l
a
Ne
e
l
i
m
a
Mi
l
l
e
r
Ed
w
a
r
d
Tr
u
s
t
e
e
Or
a
n
g
i
So
h
y
Re
p
o
r
t
Da
t
e
:
61
2
4
1
2
0
1
6
(L
i
s
t
So
r
t
e
d
by
AP
N
)
Page 1
180
20
1
6
We
e
d
Ab
a
t
e
m
e
n
t
Pr
o
g
r
a
m
As
s
e
s
s
m
e
n
t
Re
p
o
r
t
Ci
t
y
of
Sa
r
a
t
o
g
a
OW
N
E
R
AD
D
R
E
S
S
Exhibit A
Si
t
u
s
Te
n
Ac
r
e
s
Te
n
Ac
r
e
s
So
b
e
y
So
b
e
y
So
b
e
y
So
b
e
y
Qu
i
t
o
Ol
d
Wo
o
d
Ve
s
s
i
n
g
El
Ca
m
i
n
o
Gr
a
n
d
e
Fr
u
i
t
v
a
l
e
Fr
u
i
t
v
a
l
e
Ba
r
a
n
g
a
Vi
a
De
Ma
r
c
o
s
Vi
a
De
Ma
r
c
o
s
Vi
a
De
Ma
r
c
o
s
Al
l
e
n
d
a
l
e
Mo
n
t
p
e
r
e
AP
N
39
7
-
0
3
-
0
2
9
39
7
-
0
3
-
0
3
8
39
7
-
0
4
-
0
2
2
39
7
-
0
4
-
0
3
6
39
7
-
0
4
-
1
2
6
39
7
-
0
4
-
1
2
7
39
7
-
0
s
-
0
2
8
39
7
-
0
5
-
0
4
2
39
7
-
0
6
-
0
3
0
39
7
-
0
8
-
1
0
8
39
7
-
1
7
-
0
1
0
39
7
-
1
8
-
0
2
7
39
7
-
l
8-
0
3
9
39
7
-
4
0
-
0
1
6
39
7
-
4
0
-
0
1
7
39
7
-
4
0
-
0
2
0
39
7
-
4
3
-
0
0
8
40
3
-
2
3
-
0
2
9
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
N
DI
E
G
O
LO
S
GA
T
O
S
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
N
T
A
CL
A
R
A
MO
L
T
N
T
A
I
N
VI
E
W
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
CL
A
R
K
S
V
I
L
L
E
sÁ
n
e
r
o
c
e
LO
S
GA
T
O
S
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
LO
S
GA
T
O
S
9s070-s621 95070-5639 92106-3467 95030 9s070-623s 95070 95052 94040-0000 9s070-5672 95070-6258 21029 95070-4448 95030 95070-6t47 95070-6147 95070-0000 95070-5235 95032-l I l3TAX ROLL AMT $55.00 $55.00 $55.00 $55.00 $55.00 $994.00 $ 1,210.80 $ 1,289.20 s55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $5s.00TRA
19 20
21 22 23 24 25 26 27 28 29 30
31 32 33 34 35 36
1
88
4
3
l
88
6
0
t4
4
7
8
14
6
9
0
14
9
2
3
14
9
2
1
14
5
2
1
14
4
t
6
l
86
8
0
I
54
8
8
14
5
8
1
14
8
0
5
14
8
7
5
14
5
5
3
14
5
7
7
14
9
6
1
l
85
4
0
I
83
9
4
Or
g
a
n
Do
n
a
l
d
V
An
d
Ka
r
e
n
M
Sp
a
u
n
b
u
r
g
Jo
e
l
R
An
d
Pa
u
l
e
t
t
e
Ch
a
u
Ro
s
s
a
n
a
B
An
d
Eu
g
e
n
e
Y
Ha
l
a
m
a
Vi
l
l
a
s
Ll
c
Ha
w
k
Ke
n
n
e
t
h
Va
j
d
i
c
Br
a
n
i
s
l
a
v
Hi
n
z
Le
s
t
e
r
F
Ex
e
c
Co
n
c
o
r
d
Pl
a
z
a
As
s
o
c
i
a
t
e
s
Lp
Mi
n
e
t
t
i
Vi
t
o
An
d
Ma
r
i
a
P
Tr
u
s
t
e
e
Ab
h
a
r
i
,
Al
Tr
Ja
v
a
d
i
Sa
e
e
d
An
d
So
r
a
y
a
Ta
n
g
Ja
c
k
K
Tr
u
s
t
e
e
&
Et
Al
Ta
t
e
Ro
n
a
l
d
M
An
d
Li
n
d
a
Tr
u
s
t
e
e
Ci
f
f
o
n
e
Do
n
a
l
d
L
Jr
An
d
Jo
y
A
Ur
r
u
t
i
a
Ri
c
a
r
d
o
J
An
d
El
l
e
n
Ra
m
a
k
r
i
s
h
n
a
Su
d
h
a
k
a
r
An
d
Ca
b
e
Ja
n
e
t
H
Tr
u
s
t
e
e
Ma
r
h
a
m
a
t
Ma
j
i
d
18
8
4
3
Te
n
Ac
r
e
s
Rd
18
8
6
0
Te
n
Ac
r
e
s
Rd
59
5
Sa
n
An
t
o
n
i
o
Av
e
20
0
S
Sa
n
t
a
Cr
u
z
Av
e
Un
i
t
10
3
14
9
2
3
So
b
e
y
Rd
Po
Bo
x
34
2
3
PO
B
o
x
9
T
21
5
0
Ca
l
i
f
o
m
i
a
St
18
6
8
0
Ve
s
s
i
n
g
Rd
15
4
8
8
El
Ca
m
i
n
o
Gr
a
n
d
e
13
0
4
6
Tw
e
l
v
e
Hi
l
l
s
Rd
19
9
0
2
Y
i
a
Es
c
u
e
l
a
Dr
22
S
Sa
n
t
a
Cr
u
z
Av
2n
d
Fl
r
14
5
5
3
Vi
a
De
Ma
r
c
o
s
14
5
7
7
Yi
a
D
e
Ma
r
c
o
s
14
9
6
1
Vi
a
De
Ma
¡
c
o
s
18
5
4
0
Al
l
e
n
d
a
l
e
Av
e
21
2
Pr
i
n
c
e
St
ls00l rs00l r5001 1500t 15001 rs001 15001 15001 15001 1s027 15042 1s042 15042 15042 15042 r5042 rs001 15001
Re
p
o
r
t
Da
t
e
:
61
2
4
1
2
0
1
6
(L
i
s
t
So
r
t
e
d
by
AP
N
)
Page2
181
AP
N
20
1
6
We
e
d
Ab
a
t
e
m
e
n
t
Pr
o
g
r
a
m
As
s
e
s
s
m
e
n
t
Re
p
o
r
t
Ci
t
y
of
Sa
r
a
t
o
g
a
OW
N
E
R
AD
D
R
E
S
S
Exhibit A TAX ROLL AMT TRA
37 38 39 40
41 42 43 44 45 46 47 48 49 50
51 52 53 54
Si
t
u
s
15
1
2
0
22
0
6
0
22
0
4
0
22
7
0
0
22
5
3
0
r3
9
0
5
22
5
5
1
22
1
2
2
22
2
1
5
13
6
1
5
Qu
i
t
o
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Pi
e
r
c
e
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Mt
Ed
e
n
Va
q
u
e
r
o
41
0
-
4
0
-
0
1
8
50
3
-
0
9
-
0
0
6
50
3
-
0
9
-
0
2
r
50
3
-
0
9
-
0
2
2
50
3
-
I
0-
0
0
6
50
3
-
1
0
-
0
6
7
50
3
-
I
3-
0
1
8
50
3
-
I
3-
0
3
8
50
3
-
I
3-
0
3
9
50
3
-
1
3
-
0
6
7
50
3
-
1
3
-
l
l
7
50
3
-
1
3
-
1
2
7
50
3
-
13
-
1
2
8
50
3
-
1
3
-
1
4
3
50
3
-
r
3
-
1
4
4
50
3
-
1
3
-
1
4
5
50
3
-
1
3
-
1
5
0
50
3
-
1
4
-
0
3
4
$1,814.00 s55.00 $s5.00 $55.00 $t,154.72 $55.00 $55.00 $55.00 $1,650.00 $1,538.80 $ 1,879.60 $55.00 $ r,210.80 $1,210.80 $1,322.00 s495.00 $875.92 $55.0015027150171501715017151631s16315033150211s07015033r50331s0331503315033150171503315021 1s033
Hu
y
n
h
Pa
u
l
Ho
n
g
Ng
o
c
An
d
Ng
o
ME
V
C
o
r
p
Mu
i
l
e
n
b
u
r
g
Mi
c
h
a
e
l
S
Mc
a
f
e
e
Er
i
c
A
An
d
Ma
r
g
u
e
r
i
t
e
J
Di
b
a
Sh
o
l
e
h
Tr
u
s
t
e
e
&
Et
Al
Ga
r
r
o
d
Vi
n
c
e
S
Tr
u
s
t
e
e
&
Et
Al
Jo
h
n
s
o
n
Ph
i
l
i
p
N
Tr
u
s
t
e
e
&
Et
Al
Ho
r
v
a
t
h
Da
g
m
a
r
M
Ho
r
v
a
t
h
Da
g
m
a
r
M
Al
i
Sy
e
d
An
d
Sh
a
i
s
t
a
Wy
a
t
t
Do
u
g
l
a
s
An
d
Hi
n
d
Ir
a
n
y
Fr
e
d
Z
An
d
Ch
r
i
s
Tr
u
s
t
e
e
&
Et
Ir
a
n
y
Fr
e
d
Z
An
d
Ch
r
i
s
Tr
u
s
t
e
e
&
Et
Az
Ch
e
m
i
c
a
l
s
In
c
Et
Al
Ch
a
n
Yi
n
An
d
Mo
Ma
r
y
Ch
a
n
Yi
n
An
d
Mo
Ma
r
y
Ke
e
n
a
n
,
Jo
h
n
E
Tr
Co
c
h
r
a
n
e
Ja
m
e
s
B
An
d
Ca
t
h
e
r
i
n
e
T
15
1
2
0
Qu
i
t
o
Rd
22
0
2
0
M
T
Ed
e
n
Rd
22
0
6
0
M
t
Ed
e
n
Rd
22
0
4
0
Mt
Ed
e
n
Rd
11
6
5
9
Ol
i
v
e
Sp
r
i
n
g
Ct
22
5
3
0
M
t
Ed
e
n
Rd
13
9
0
5
Pi
e
r
c
e
Rd
-
15
2
0
9
Bl
u
e
Gu
m
Ct
15
2
0
9
Bl
u
e
Gu
m
Ct
22
6
5
3
Ga
n
o
d
Rd
12
8
Lo
s
Tr
a
n
c
o
s
Ci
r
13
9
3
7
Pi
e
r
c
e
Rd
13
9
3
7
Pi
e
r
c
e
Rd
30
0
Ma
k
i
n
t
o
s
h
Te
r
14
4
5
6
Bi
g
Ba
s
i
n
Wa
y
t+
+
\
ø
ø
i
g
B
a
s
i
n
Wa
y
22
2
1
5
Mt
Ed
e
n
Rd
13
6
1
5
Va
q
u
e
r
o
Ct
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
CU
P
E
R
T
I
N
O
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
PO
R
T
O
L
A
VA
L
L
E
Y
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
FR
E
M
O
N
T
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
9s070 95070-9729 95070-9729 95070-9729 950t4-5141 95070-0000 95070-4841 95070-6268 95070-6268 95070-0000 94028 9s070 95070 94s39-3923 95070-6010 95070-6010 95070-0000 95070-4804
Re
p
o
r
t
Da
t
e
:
61
2
4
1
2
0
1
6
(L
i
s
t
So
r
t
e
d
by
AP
N
)
Page 3
182
Si
t
u
s
AP
N
20
1
6
We
e
d
Ab
a
t
e
m
e
n
t
Pr
o
g
r
a
m
As
s
e
s
s
m
e
n
t
Re
p
o
r
t
Ci
t
y
of
Sa
r
a
t
o
g
a
OW
N
E
R
AD
D
R
E
S
S
12
9
4
3
Pi
e
r
c
e
Rd
13
6
0
0
Su
r
r
e
y
Ln
13
5
4
0
Su
n
e
y
Ln
20
9
4
0
Co
m
e
r
Dr
21
0
2
0
Co
m
e
r
Dr
12
9
0
1
Fo
o
t
h
i
l
l
Ln
12
9
7
3
Pi
e
r
c
e
Rd
12
9
7
9
Fo
o
t
h
i
l
l
Ln
15
0
4
1
Pa
¡
k
D
r
20
8
9
5
Ca
n
y
o
n
Vi
e
w
Dr
20
9
0
5
Su
l
l
i
v
a
n
Wa
y
14
6
4
5
Bi
g
Ba
s
i
n
Wa
y
10
6
He
i
n
t
z
Ct
20
8
5
1
Ca
n
y
o
n
Vi
e
w
Dr
20
8
6
7
Ca
n
y
o
n
Vi
e
w
Dr
21
2
7
1
Sa
r
a
t
o
g
a
Hi
l
l
s
Rd
21
3
5
2
Sa
r
a
t
o
g
a
Hi
l
l
s
Rd
21
1
5
0
Sa
r
a
t
o
g
a
Hi
l
l
s
Rd
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
LO
S
GA
T
O
S
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
95070-37 t3 95070-4257 95070-4257 95070-3710 95070-3710 95070-3712 95070-3752 95070-3712 95070-6421 9s070-s763 95070-5',738 95070-6081 9s032-5036 95070-5888 95070-5888 95070-5375 95070-5306 95070-5306Exhibit A TAX ROLL AMT TRA
55 56 57 58 59 60
61 62 63 64 65 66 67 68 69 70
71 72
La
n
d
I
36
0
0
13
5
4
0
20
9
4
0
21
0
2
0
12
9
0
1
t2
9
7
3
12
9
7
9
20
8
9
s
20
9
0
s
20
9
t
s
20
8
5
I
20
8
6
7
21
2
7
1
21
3
5
2
21
1
5
0
Pi
e
r
c
e
Su
r
r
e
y
Su
r
r
e
y
Co
m
e
r
Co
m
e
r
Fo
o
t
h
i
l
l
Pi
e
r
c
e
Fo
o
t
h
i
l
l
El
v
a
Ca
n
y
o
n
Vi
e
w
Su
l
l
i
v
a
n
Su
l
l
i
v
a
n
Ca
n
y
o
n
Vi
e
w
Ca
n
y
o
n
Vi
e
w
Ca
n
y
o
n
Vi
e
w
Sa
r
a
t
o
g
a
Hi
l
l
s
Sa
r
a
t
o
g
a
Hi
l
l
s
Sa
r
a
t
o
g
a
Hi
l
l
s
50
3
-
l
5-
0
1
9
50
3
-
1
6
-
0
1
3
50
3
-
1
6
-
0
1
5
50
3
-
l
6-
0
7
6
50
3
-
l
7-
0
6
3
50
3
-
l
8-
0
2
6
50
3
-
l
8-
0
6
0
50
3
-
I
8-
0
6
6
50
3
-
2
7
-
0
8
I
50
3
-
2
8
-
0
0
4
50
3
-
2
8
-
0
0
5
50
3
-
2
8
-
0
0
6
50
3
-
2
8
-
0
0
8
50
3
-
2
8
-
0
7
5
50
3
-
2
8
-
0
8
9
50
3
-
2
9
-
0
0
6
50
3
-
2
9
-
0
2
7
s0
3
-
2
9
-
0
4
2
$ 1,78 r.20 s2,273.20 s2,273.20 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 s55.00 $55.00 $55.00 $1,322.00
Te
r
z
i
c
Jo
h
n
Ju
a
n
g
Ru
d
y
Yu
h
-
j
u
h
An
d
Sh
a
u
-
c
h
a
o
Ba
k
k
e
Kr
i
s
t
i
a
n
V
An
d
Mi
n
o
o
A
Mc
s
w
e
e
n
e
y
Wi
l
l
i
a
m
Tr
u
s
t
e
e
Ya
g
e
r
Ro
b
e
r
t
A
An
d
Ma
r
i
o
n
E
Ov
e
l
a
n
d
Ch
a
r
l
e
s
A
An
d
Ru
t
h
e
l
l
e
n
Fa
n
Yu
An
d
Li
u
Yi
n
g
Bu
s
h
Jo
h
n
R
An
d
Pa
t
r
i
c
i
a
J
Tr
u
s
t
e
e
Is
i
d
o
r
o
Fr
a
n
k
W
An
d
Me
r
n
a
L
Wo
r
o
b
e
y
An
n
M
Sc
h
a
f
e
r
Br
u
c
e
F
Tr
u
s
t
e
e
Ba
h
l
Ke
n
n
e
t
h
S
An
d
Sw
a
r
a
n
B
Ha
s
h
e
m
i
e
h
Ju
l
i
a
Et
Al
Ta
n
g
Wa
n
-
i
G
An
d
Ya
w
-
s
h
i
n
g
La
w
Ed
w
i
n
An
d
Vi
c
k
y
Tr
u
s
t
e
e
Bo
w
l
e
s
Jo
h
n
A
Tr
u
s
t
e
e
&
Et
Al
Sp
e
a
r
Lo
r
i
j
e
a
n
Tr
u
s
t
e
e
Wo
n
g
Ke
n
l
e
y
Ha
y
An
d
Na
n
c
y
15033 15024 15037 15037 15033 ts024 15024 15024 15030 1s028 15028 15028 15028 15028 15028 15072 15012 1s072
Re
p
o
r
t
Da
t
e
:
61
2
4
1
2
0
1
6
(L
i
s
t
So
r
t
e
d
by
AP
N
)
Page 4
183
20
1
6
We
e
d
Ab
a
t
e
m
e
n
t
Pr
o
g
r
a
m
As
s
e
s
s
m
e
n
t
Re
p
o
r
t
Ci
t
y
of
Sa
r
a
t
o
g
a
OW
N
E
R
AD
D
R
E
S
S
Exhibit A
Si
t
u
s
21
2
4
3
14
1
9
0
13
8
0
1
Sa
r
a
t
o
g
a
Hi
l
l
s
Pi
k
e
Pi
k
e
Do
r
e
n
e
Do
r
e
n
e
Do
r
e
n
e
Mt
Ed
e
n
Al
b
a
r
Al
b
a
r
Da
m
o
n
Da
m
o
n
He
b
e
r
Wa
y
At
b
a
r
Pi
e
r
c
e
De
e
p
w
e
l
l
To
l
l
Ga
t
e
Pa
l
a
m
i
n
o
Pi
e
r
c
e
AP
N
50
3
-
2
9
-
1
2
4
50
3
-
3
0
-
0
0
3
50
3
-
3
0
-
0
4
2
50
3
-
3
l-
0
5
4
50
3
-
3
l-
0
5
7
50
3
-
3
l-
0
5
8
50
3
-
3
t
-
0
7
7
50
3
-
3
l-
0
8
7
50
3
-
3
l-
0
8
8
50
3
-
3
l-
0
9
7
50
3
-
3
l-
0
9
8
50
3
-
3
l-
1
0
0
50
3
-
3
l-
1
0
7
50
3
-
4
6
-
0
0
5
50
3
-
5
5
-
0
3
9
50
3
-
6
2
-
0
2
7
50
3
-
6
8
-
0
0
2
50
3
-
6
9
-
0
0
1
95070-5377 9s070-5346 97530 9s070-9727 95070-9727 95070-9727 9s070-9722 95070-9718 95070-9718 95070-9726 9s070-9720 95070-9700 95070-9718 95032-2056 95070-s709 94027-4043 95t13-2873 95070-4843TAX ROLL AMT $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 s908.72 $55.00 $ 1,092.40 s55.00 $55.00 $ 1,486.00 $55.00 $55.00 $ 1,781.20 $55.00TRA
73 74 75 76 77 78 79 80
81 82 83 84 85 86 87 88 89 90
21
4
2
1
13
8
4
5
13
8
5
7
14
1
5
0
14
1
4
2
14
1
3
4
21
8
0
0
13
9
5
7
t3
9
4
7
13
9
3
5
13
9
2
1
2t
7
6
1
13
9
6
6
15012 15070 15070 15033 15033 15033 1s033 15017 15017 15033 15033 15033 15017 15070 15013 15013 15033 15033
St
e
i
m
l
e
An
t
h
o
n
y
E
An
d
En
g
So
o
J
Li
u
Qi
n
g
x
i
a
n
g
An
d
Zh
o
u
Li
n
g
Ho
r
n
e
r
Ja
m
e
s
F
An
d
Ka
t
h
l
e
e
n
W
Fa
n
Sh
e
r
m
a
n
S
An
d
Li
l
y
L
Se
v
i
l
l
a
Al
b
e
r
t
o
An
d
We
l
g
e
Ly
n
n
Zh
u
L
i
a
n
g
Le
e
Ti
n
g
Pi
e
An
d
Ch
i
a
n
g
To
m
m
i
e
L
Se
i
f
e
r
t
Mi
c
h
a
e
l
E
An
d
Mo
o
r
e
Al
i
c
i
a
J
Hw
a
n
g
Li
l
y
L
An
d
Jo
s
e
p
h
J
Sp
i
r
o
An
i
t
a
Tr
u
s
t
e
e
Le
m
p
e
r
t
,
Da
v
i
d
Em
m
a
n
u
e
l
&
Jo
o
Ky
u
n
g
-
d
o
n
Hw
a
n
g
Li
l
y
L
An
d
Jo
s
e
p
h
J
Ch
a
t
e
a
u
Ma
s
s
o
n
Ll
c
Sc
h
u
l
m
a
n
St
e
v
e
n
A
An
d
Sa
b
r
i
n
a
L
Ga
d
d
i
s
St
e
p
h
e
n
B
Ng
u
y
e
n
Ba
o
Ma
n
h
An
d
Cr
y
s
t
a
l
Ng
Hi
o
k
Hi
o
n
An
d
Wo
o
n
We
n
d
y
21
4
2
1
Sa
r
a
t
o
g
a
Hi
l
l
s
Rd
13
8
4
5
Pi
k
e
Rd
46
0
0
Li
t
t
l
e
Ap
p
l
e
g
a
t
e
Rd
14
1
5
0
Do
r
e
n
e
Ct
14
1
4
2
Do
r
e
n
e
Ct
14
1
3
4
Do
r
e
n
e
Ct
21
8
0
0
Mt
Ed
e
n
Rd
13
9
5
7
Al
b
a
r
Ct
13
9
6
6
Al
b
a
r
Ct
13
9
3
5
Da
m
o
n
Ln
13
9
2
1
Da
m
o
n
Ln
21
7
6
1
He
b
e
r
Wa
y
13
9
6
6
Al
b
a
r
Ct
15
0
5
5
Lo
s
Ga
t
o
s
Bl
v
d
St
e
31
0
21
2
4
3
De
e
p
w
e
l
l
Ct
42
0
Se
l
b
y
Ln
36
0
S.
Ma
r
k
e
t
St
Un
i
t
18
0
2
13
8
0
1
Pi
e
r
c
e
Rd
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
JA
C
K
S
O
N
V
I
L
L
E
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
LO
S
GA
T
O
S
SA
R
A
T
O
G
A
AT
H
E
R
T
O
N
SA
N
JO
S
E
SA
R
A
T
O
G
A
Re
p
o
r
t
Da
t
e
:
61
2
4
1
2
0
1
6
(L
i
s
t
So
r
t
e
d
by
AP
N
)
Page 5
184
20
1
6
We
e
d
Ab
a
t
e
m
e
n
t
Pr
o
g
r
a
m
As
s
e
s
s
m
e
n
t
Re
p
o
r
t
Ci
t
y
of
Sa
r
a
t
o
g
a
OW
N
E
R
AD
D
R
E
S
S
Exhibit A
Si
t
u
s
Vi
a
Re
g
i
n
a
Vi
a
Re
g
i
n
a
Vi
a
Re
g
i
n
a
Vi
a
Re
g
i
n
a
Vi
a
Re
g
i
n
a
Ma
s
s
o
n
Sa
r
a
t
o
g
a
He
i
g
h
t
s
Vi
n
t
a
g
e
Co
n
g
r
e
s
s
Ha
l
l
Co
n
g
r
e
s
s
Ha
l
l
Co
n
g
r
e
s
s
Ha
l
l
Vi
n
t
n
e
r
Be
l
l
e
c
o
u
r
t
Sa
r
a
t
o
g
a
-
l
o
s
Ga
t
o
s
Hi
d
d
e
n
Bo
h
l
m
a
n
Be
l
n
a
p
Pe
a
c
h
Hi
l
l
AP
N
50
3
-
6
9
-
0
0
7
50
3
-
6
9
-
0
1
0
50
3
-
6
9
-
0
3
0
50
3
-
6
9
-
0
3
4
50
3
-
6
9
-
0
3
9
50
3
-
7
2
-
0
1
4
s0
3
-
7
2
-
0
2
8
50
3
-
7
2
-
0
3
7
50
3
-
7
5
-
0
0
8
50
3
-
7
5
-
0
1
0
50
3
-
7
5
-
0
1
6
50
3
-
7
5
-
0
1
8
5
I
0-
0
5
-
0
0
5
5
l0
-
0
6
-
0
0
5
51
0
-
2
4
-
0
2
4
51
7
-
1
3
-
0
0
9
51
7
-
1
4
-
0
8
5
51
7
-
2
2
-
0
7
2
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
RE
D
W
O
O
D
CI
T
Y
SA
N
T
A
CL
A
R
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
N
JO
S
E
LO
S
GA
T
O
S
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
SA
R
A
T
O
G
A
95070-4876 95070-4845 95070-486 I 95070-4805 94061 95054-0000 95070-5758 95070-9713 95070 95070-9714 95070-9735 95070-9712 95070-5846 95 l 35-0000 95030 9s070-6354 95070-0000 95070TAX ROLL AMT $55.00 $55.00 sl,223.60 $55.00 $ r,026.80 $r,2r7.20 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 s55.00 $55.00TRA15033150331503315033150331503315033150331501315013150131s0131s02715027151611s02115072 15042
91 92 93 94 95 96 97 98 99 10
0
10
1
10
2
10
3
10
4
'1
0
5
10
6
10
7
10
8
21
7
8
6
21
8
0
0
21
8
5
1
21
7
8
1
21
9
9
5
14
8
0
5
21
5
3
1
21
7
5
0
2t
7
7
0
21
7
5
6
14
9
3
0
15
2
1
4
19
3
7
0
I
57
8
0
r5
0
2
7
I
56
0
0
I
54
0
0
Do
w
n
s
Ha
r
o
l
d
R
An
d
Ca
r
r
o
l
l
Sh
a
r
o
n
Sh
a
o
Fa
n
g
-
f
e
i
P
An
d
Hs
i
a
o
Fe
n
g
-
De
r
To
r
o
s
s
i
a
n
Pa
p
k
e
n
S
An
d
Cl
a
r
a
Mo
a
z
e
n
i
Ma
h
b
o
u
b
e
h
An
d
Me
h
d
i
Fa
g
g
i
n
Ma
r
z
i
a
Tr
u
s
t
e
e
&
Et
Al
Ce
r
n
e
a
Ra
u
l
A
An
d
Oc
t
a
v
i
a
Na
g
a
r
a
j
a
n
Vi
n
o
d
An
d
Ra
m
a
n
i
Be
d
a
r
d
Ch
a
r
l
e
s
J
An
d
Ot
t
Ka
r
l
i
n
a
A
Pe
z
z
a
n
i
Mi
c
h
e
l
l
e
E
Tr
u
s
t
e
e
Wa
l
k
e
r
Ma
r
g
a
r
e
t
Vi
v
i
e
n
S
Tr
u
s
t
e
e
Lu
t
h
r
a
An
k
u
r
Tr
u
s
t
e
e
Za
r
n
e
g
a
r
Sa
m
s
o
n
Je
n
g
Ed
w
a
r
d
F
Tr
u
s
t
e
e
Du
c
Da
n
i
e
l
A
An
d
Ly
n
n
K
Po
z
o
s
Ca
r
y
l
B
Tr
u
s
t
e
e
Sa
m
p
l
e
St
e
p
h
e
n
P
An
d
Ph
i
Ch
i
n
h
Su
n
Yu
e
An
d
Li
l
i
Ar
i
m
i
l
l
i
V
Tr
u
s
t
e
e
&
Et
Al
21
7
8
6
Vi
a
Re
g
i
n
a
21
8
0
0
Vi
a
Re
g
i
n
a
21
85
1
Vi
a
Re
g
i
n
a
21
7
8
1
Yi
a
Re
g
i
n
a
36
4
0
Co
u
n
t
r
y
Cl
u
b
Dr
88
9
Ag
n
e
w
Rd
21
5
3
I
Sa
r
a
t
o
g
a
He
i
g
h
t
s
Dr
21
7
5
0
Vi
n
t
a
g
e
Ln
21
7
7
0
Co
n
g
r
e
s
s
Ha
l
l
Ln
21
7
5
6
Co
n
g
r
e
s
s
Ha
l
l
Ln
l4
l
5
l
Te
e
r
l
i
n
k
Wa
y
14
9
3
0
Vi
n
t
n
e
r
Ct
20
8
1
2
4t
h
Sr
Un
i
t
I
I
41
3
1
Ma
c
k
i
n
Wo
o
d
s
Ln
15
7
8
0
Hi
d
d
e
n
Hi
l
l
Pl
15
0
2
7
Bo
h
l
m
a
n
Rd
15
6
0
0
Be
l
n
a
p
Dr
15
4
0
0
Pe
a
c
h
Hi
l
l
Rd
Re
p
o
r
t
Da
t
e
:
61
2
4
1
2
0
1
6
(L
i
s
t
So
r
t
e
d
by
AP
N
)
Page 6
185
Si
t
u
s
AP
N
10
9
LA
N
D
Pi
e
d
m
o
n
l
m
a
d
r
o
n
e
51
7
-
3
8
-
0
0
2
Pe
l
i
o
Li
n
d
s
e
y
A
Et
Al20
1
6
We
e
d
Ab
a
t
e
m
e
n
t
Pr
o
g
r
a
m
As
s
e
s
s
m
e
n
t
Re
p
o
r
t
Ci
t
y
of
Sa
r
a
t
o
g
a
OW
N
E
R
AD
D
R
E
S
S
14
5
7
3
Bi
g
Ba
s
i
n
Wa
y
Exhibit A TAX ROLL AMT
SA
R
A
T
O
G
A
9s070 TOTALTRA$55.00 tso42 $42,670.22
Re
p
o
r
t
Da
t
e
:
61
2
4
1
2
0
1
6
(L
i
s
t
So
r
t
e
d
by
AP
N
)
PageT
186
SARATOGA CITY COUNCIL
MEETING DATE: July 6, 2016
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT: Ordinance Amending Smoking and Tobacco Retailer Regulations
RECOMMENDED ACTION:
Conduct public hearing; introduce and waive the first reading of the ordinance amending Article
4-90 Tobacco Retailer License and Article 7-35 Regulation of Smoking in Certain Places; and
direct staff to place the ordinance on the Consent Calendar for adoption at the next regular City
Council Meeting.
BACKGROUND:
At the City Council Retreat in February 2016, the City Council considered the City’s smoking
regulations and directed staff to prepare an ordinance that would align tobacco retailer license
location restrictions for new retailers with those location restrictions in City Code Section 15-
80.130 and prohibit smoking in the common areas of multifamily housing complexes, in new
apartment complexes, at outdoor events with children, 20 feet from entryways, in all outdoor
dining areas, in all service areas, and in all outdoor worksites.
Additionally, staff was directed to conduct outreach to retirement communities as residents at
these complexes may be impacted by proposed changes to the City’s smoking regulations.
Notices (Attachment B) were mailed to retirement and assisted living communities, including
Fatima Villa, Saratoga Retirement Community, Fellowship Plaza, and Saratoga Court, informing
them of the proposed changes to smoking regulations. Notices were also mailed to all Saratoga
multifamily residents and businesses the week of June 20, 2016. The Saratoga Chamber of
Commerce assisted with outreach by sending an email to members with information about the
proposed ordinance. Written communications received by the City prior to posting of the agenda
are included in Attachment C.
The most significant of the proposed changes are summarized below. Additionally, staff is
recommending a number of changes that provide clarification and bring smoking regulations in
line with State regulations. Many of the proposed changes are modeled on similar regulations
adopted by other local jurisdictions. Hyperlinks to those similar regulation are included in the
summary below.
187
Summary of Proposed Changes to Tobacco Retailer Regulations
Retailer Locations: the ordinance would prohibit tobacco retailers established after September
16, 2016 from being located within 500 feet of another tobacco retailer, within 1,000 feet of a
school, or within 1,000 feet of a City Park.
- Similar Regulations: County of Santa Clara, Gilroy
Minimum Age for Purchase: the ordinance would change language that referred to the smoking
age as 18 to the “minimum age to purchase as set by State law” and change existing language
prohibiting retailers from employing anyone under 18 years of age to prohibiting retailers from
allowing employees under the minimum age to purchase tobacco products as set by State law to
participate in tobacco product transactions.
Summary of Proposed Changes to Regulation of Smoking in Certain Places
Dining Areas: the proposed ordinance would prohibit smoking in all dining areas, including
enclosed and unenclosed areas with tables or counters that are open to the public and are
regularly used for consuming food or drink.
- Similar Regulations: Los Gatos, Campbell, Cupertino, Morgan Hill, Mountain View
Common Areas: the ordinance, if adopted, would prohibit smoking in the common areas of all
hotels and multifamily developments. Common areas include areas of a hotel or multifamily
development that guests (in the case of hotels) or residents are entitled to access or use, such as
hallways, courtyards, pool areas, and playgrounds.
- Similar Regulations: Los Gatos, San Jose, County of Santa Clara, Menlo Park (7.30.020)
Workplaces: the ordinance would prohibit smoking in most workplaces, including outdoor
workplaces. The one exception to the rule would be retail tobacco stores that only sell tobacco
products.
- Similar Regulations: Los Gatos, Palo Alto, County of Santa Clara, Menlo Park (7.30.030)
Public Events: the ordinance would prohibit smoking at any event subject to a special event
permit, unless the organizers certifies that the event is for adults only and will not be promoted to
attract children.
- Similar Regulations: Los Gatos, Campbell, Morgan Hill
Service Areas: smoking would be prohibited in all service areas, which include areas that are
open to the public and designed or used to receive or wait for goods or services or make a
transaction. Examples include ATM lines, bus stops, and ticket kiosks.
- Similar Regulation: Los Gatos, Campbell, Morgan Hill, San Jose
Entrances: the ordinance would prohibit smoking 20 feet horizontally or vertically from any
entrance to an enclosed area where smoking is prohibited, like a restaurant or workplace.
- Similar Regulations: Los Gatos, Campbell, Cupertino, Morgan Hill, Mountain View
Multifamily Apartment Complexes: smoking would be prohibited in any new rental apartment
complexes constructed or converted to rental use after September 16, 2016. Owners would be
required to include a clause in renter leases prohibiting smoking in all areas of the complex,
including individual units and private balconies or patios. Multifamily apartment complexes are 188
defined in the proposed ordinance as a multifamily development with four or more units on the
same parcel and owned and rented by or on behalf of the same owner.
- Similar Regulations: Los Gatos, County of Santa Clara, County of San Mateo, Burlingame
(8-18.055), Santa Monica (4.44.040)
FISCAL STATEMENT:
The costs associated with researching and preparing the attached ordinance, as well as public
outreach costs, will be funded by a Partnerships to Improve Community Health (PICH) grant
from the Santa Clara County Public Health Department. The PICH grant from the County also
funded development of the City’s tobacco retailer licensing ordinance and will fund purchase of
watering stations.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice advertising the public hearing was printed in the Saratoga News on June 24, 2016.
Additionally, though not required, the City mailed notices to Saratoga businesses and multifamily
residents the week of June 20. Emails were also sent by the Saratoga Chamber of Commerce to
Chamber members and information about the proposed ordinance was posted on the City website
and on Nextdoor.com.
ATTACHMENTS:
Attachment A – Ordinance
Attachment B – Notice to Saratoga Businesses and Multifamily Development Residents
Attachment C – Written Communications
189
ORDINANCE NO. _____
AN ORDINANCE AMENDING ARTICLES 4-90 AND 7-35 OF THE CITY CODE TO MODIFY
TOBACCO RETAILER LICENSING REGULATIONS AND INCREASE
SMOKE-FREE ENVIRONMENTS IN THE CITY OF SARATOGA
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. Approximately 480,000 people die prematurely in the United States from smoking-related
diseases every year, making tobacco use the nation’s leading cause of preventable death.
2. Secondhand smoke has been identified as a health hazard numerous times and the U.S. Surgeon
General’s has concluded that there is no risk-free level of exposure to secondhand smoke.
3. Exposure to secondhand smoke has negative impacts and exposure to secondhand smoke can
occur at significant levels both indoors and outdoors, depending on direction and amount of wind
and number and proximity of smokers.
4. The City Council of the City of Saratoga wishes to increase the number of smoke-free
environments in Saratoga and encourage responsible retailing of tobacco products, paraphernalia,
and electronic smoking devices.
5. The ordinance furthers efforts to promote responsible retailing of tobacco products and limit the
exposure of sensitive populations to those products by adding location requirements for new
tobacco retailers.
6. 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.
7. 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 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). Text in standard font is readopted by this Ordinance.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and
phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-
paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-
paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and
190
further declares its express intent that the remaining portions of this ordinance should remain in effect after
the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only
to projects which have the potential of causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA. In this circumstance the amendments to the existing
City Code and related sections and additions of provisions and reference appendices to the existing Code;
the amendments and additions would have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga
within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of
the City Council of the City of Saratoga held on the 6th day of July 2016 and was adopted by the following
vote on August 17, 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
191
ATTACHMENT A
Article 4-90 - TOBACCO RETAILER LICENSE
4-90.010 - Purpose.
This Article is intended to set forth a local licensing process for tobacco retailers to ensure
compliance with City business standards and practices; encourage responsible retailing of tobacco
products and electronic smoking devices; discourage violations of laws related to tobacco products
and electronic smoking devices, especially those laws that prohibit or discourage sale or
distribution of tobacco products or electronic smoking devices to minors; and, protect the public
health, safety, and welfare. This Article does not expand or reduce the degree to which the acts
regulated by federal or state law are criminally proscribed or alter the penalties provided by such
laws.
4-90.020 - Definitions.
(a) Electronic smoking device means an electronic and/or battery-operated device, the use of
which may resemble smoking, which can be used to deliver an inhaled dose of vapors
including nicotine or other substances. "Electronic smoking device" includes any such device,
whether it is manufactured, distributed, marketed, or sold as an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaporizer or any
other product name or description. "Electronic smoking device" does not include any product
specifically approved by the United States Food and Drug Administration for the use in the
mitigation, treatment, or prevention of disease.
(b) Paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all
types, rolling machines, and any other item designed for smoking or for ingestion of tobacco
products.
(c) Person means any natural person, partnership, cooperative association, private corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
(d) Retailer means any person who sells, exchanges, or offers to sell or exchange, for any form of
consideration, tobacco products, paraphernalia, or electronic smoking devices. "Retailing"
shall mean the doing of any of these things whether exclusively or in conjunction with any
other use. The definition of a retailer is without regard to the quantity of tobacco products,
paraphernalia, or electronic smoking devices sold, exchanged, or offered for sale or exchange.
(e) Self-service display means the open display or storage of tobacco products, paraphernalia, or
electronic smoking devices in a manner that is physically accessible in any way to the direct
general public without the assistance of the retailer or employee of the retailer and a direct
person-to-person transfer between the purchaser and the retailer or employee of the retailer.
(f) Smoking means engaging in an act that generates smoke from any substance, including, but
not limited to: possessing a lighted pipe, lighted hookah pipe, an operating electronic smoking
device, a lighted cigar, or a lighted cigarette or any kind; or lighting or igniting of a pipe, cigar,
hookah pipe, or cigarette or any kind.
(gf) Tobacco product means any substance containing tobacco leaf, including but not limited to
cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco,
snus, bidis, or any other preparation of tobacco (such as flavored tobacco); and any product
or formulation of product containing biologically active amounts of nicotine that is
manufactured, sold, offered for sale, or otherwise distributed with the expectation that the
192
product or matter will be introduced into the human body, but does not include any cessation
product specifically approved by the United States Food and Drug Administration for use in
treating nicotine or tobacco dependence.
(hg)Tobacco retailer license is a license issued pursuant to this Article.
4-90.030 - License required.
It shall be unlawful for any person to act as a retailer in the City of Saratoga after September
30, 2015, without first obtaining and maintaining a valid tobacco retailer license pursuant to this
Article for each location at which the activity is to occur.
4-90.040 - Regulations and prohibitions.
(a) Lawful business operation. It shall be a violation of this Article for any retailer to violate any
local, state, or federal law applicable to tobacco products, electronic smoking devices, or the
retailing of such products.
(b) Location. Retailing activities shall be conducted at a fixed location and within an enclosed
area of a commercial premises accessible to the general public during the hours of business
operation. No tobacco retailers established after September 16, 2016 shall be granted a
Tobacco Retailer License for a location which is: within five hundred feet of a site
occupied by another tobacco retailer; within one thousand feet of a site occupied by a
public or private elementary, middle, or high school; or within one thousand feet of a
site occupied by a City Park. All distances shall be measured in a straight line from the
point on the parcel boundary of the proposed tobacco retailer location nearest to the
subject use (i.e. existing tobacco retailer, school, or park) to the nearest point on the
parcel boundary of the subject use. Notwithstanding the foregoing, a tobacco retailer
license may be issued for use of a location for which a tobacco retailer license was in
effect prior to September 16, 2016 and within ninety (90) days of the date of the
application for the new tobacco retailer license.
(c) Display of license. Each tobacco retailer license shall be prominently displayed in a publicly
visible place at the licensed location.
(d) License nontransferable. A tobacco retailer license may not be transferred from one person to
another or from one location to another. Whenever a new person obtains possession of a ten
percent or greater interest in the stock, assets, or income of a business (other than a security
interest for the repayment of debt) for which a tobacco retailer license has been issued, a new
license shall be required.
(e) False and misleading advertising prohibited. A retailer either without a valid tobacco retailer
license or with a suspended license shall not display any tobacco products, paraphernalia, or
electronic smoking devices nor display any advertisement that promotes the sale or
distribution of such products from the retailer's location or that could lead a reasonable
consumer to believe that tobacco products, paraphernalia, or electronic smoking devices can
be obtained at that location.
(f) Minimum age for purchase. No retailer shall sell, give, or otherwise transfer tobacco product,
paraphernalia, or electronic smoking devices to a person under eighteen years of age the
minimum age for purchase as set by State law.
(g) Positive identification required. No retailer shall sell, give, or otherwise transfer tobacco
product, paraphernalia, or electronic smoking devices to another person who appears to be
under thirty years of age without first examining the customer's identification to confirm that
193
the customer is at least eighteen years of age the minimum age for purchase as set by State
law.
(h) Minimum age for engaging in tobacco sales. No retailer may employ or otherwise allow a
person under eighteen years of age the minimum age for purchase as set by State law of
tobacco products to sell, give, or otherwise transfer to customers tobacco product,
paraphernalia, or electronic smoking devices.
(i) Limitation on storefront advertising. Storefront advertising shall comply with Article 15-30
of this Code and all advertising and signage shall be placed and maintained in a manner that
ensures that law enforcement personnel have a clear and unobstructed view of the interior of
the premises, including the area in which the cash registers are maintained, from the exterior
public sidewalk or entrance to the establishment. However, this shall not apply to an
establishment where there are no windows or where existing windows are located at a height
that preclude view of the interior of the premises by a person standing outside the premises.
(j) Vending machines prohibited. No tobacco product, paraphernalia, or electronic smoking
device shall be sold, offered for sale, or distributed to the public from a vending machine or
appliance, or any other coin- or token-operated mechanical device designed or used for
vending purposes, including, but not limited to, machines or devices that use remote control
locking mechanisms.
(k) Self-service displays prohibited. No tobacco product, paraphernalia, or electronic smoking
device shall be sold, offered for sale, or distributed to the public from a self-service display.
(l) Limited, conditional privilege. Nothing in this Article shall be construed to grant any person
obtaining and maintaining a tobacco retailer license any status or right other than the limited,
conditional privilege to act as a retailer at the location in the City identified on the face of the
license.
4-90.045 - Application procedure.
(a) All applications for a tobacco retailer license shall be submitted on a form supplied by the
City of Saratoga.
(b) Any person holding a tobacco retailer license shall inform the City in writing of any change
in the information submitted on an application for such license within fourteen calendar days
of a change.
(c) All information specified in an application shall be subject to disclosure under the California
Public Records Act or any other applicable law.
(d) It is the responsibility of each retailer to be informed of all laws applicable to retailing,
including those laws affecting the issuance of a tobacco retailer license. No retailer may rely
on the issuance of a tobacco retailer license as a determination by the City that the retailer has
complied with all laws applicable to retailing. A tobacco retailer license issued contrary to
this Article, to any other law, or on the basis of false or misleading information supplied by a
retailer shall be revoked.
4-90.050 - Issuance of license.
(a) Upon receipt of a complete application for a tobacco retailer license and the application and
license fees, the City shall issue a license, unless substantial evidence demonstrates that one
or more of the following basis bases for denial exist:
(1) The information presented in the application is inaccurate or false.
194
(2) The application seeks authorization for retailing by a person to whom this Article
prohibits issuance of a tobacco retailer license.
(3) The application seeks authorization for retailing at a location or in some other manner
that is prohibited pursuant to this Article or that is unlawful pursuant to any other law.
(b) A tobacco retailer license shall be revoked if the City finds that one or more of the bases for
denial of a license under this section existed at the time the application was made or at any
time before the license was issued. Such a revocation shall be without prejudice to the filing
of a new license application.
(c) A decision to deny issuance of a tobacco retailer license or to revoke such a license that has
been wrongly issued may be appealed pursuant to Section 4-90.100 of this Article.
4-90.060 - License term, renewal, expiration, and fees.
(a) Term of license. The term of a tobacco retailer license is one year. A license is invalid thirty
days after the expiration date of the license.
(b) Renewal of license. The City shall renew a valid tobacco retailer license upon timely payment
of the annual license fee. A license may not be renewed more than three months ninety days
after its expiration.
(c) Issuance of license after revocation or expiration of license. To apply for a new tobacco
retailer license more than three months ninety days after expiration of a tobacco retailer
license or following revocation of a tobacco retailer license that was wrongly issued, a retailer
must submit a complete application for a license, along with the application fee and annual
license fee.
(d) Fee for new licenses and renewals. The fees to apply for and issue or renew a tobacco retailer
license shall be established from time to time by resolution of the City Council. The fees shall
be calculated so as to recover any amount up to the cost of administration of this Article,
including, for example, issuing a license, administering the program, and monitoring
compliance. Fees shall not exceed the cost of the program authorized by this Article. Fees are
nonrefundable except as may be required by law. A retailer license may not be issued or
renewed until full payment of any applicable fees is made.
4-90.070 - Enforcement.
(a) Any peace officer may enforce the penal provisions of this Article. The City Manager may
designate any number of additional persons to monitor compliance with this Article.
(b) The City shall not enforce any law establishing a minimum age for tobacco product,
paraphernalia, or electronic smoking device purchases or possession against a person who
otherwise might be in violation of such law because of the person's age if the violation occurs
when:
(1) The purchaser (hereinafter referred to as "youth decoy") is participating in a compliance
check supervised by a peace officer or designated official of the City;
(2) The youth decoy is acting as an agent of a person designated by the City to monitor
compliance with this Article; or
(3) The youth decoy is participating in a compliance check funded in part, either directly or
independently through subcontracting, by the County or the State of California.
(c) Any violation of this Article is hereby declared to be a public nuisance.
(d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article
shall also constitute a violation of this Article.
195
(e) For purpose of this Article, each day on which a tobacco product, paraphernalia, or electronic
smoking device is offered for sale in violation of this Article constitutes a separate violation.
(f) Violations of this Article shall be subject to issuance of administrative citations pursuant to
Article 3-30 and suspended from holding or receiving a tobacco retailer license as follows:
(1) First citation within one year. For up to thirty calendar days from the date of violation, no
tobacco retailer license shall be issued and any existing license shall be suspended.
(2) Second or subsequent citations within one year. For up to one year from the date of
violation, no tobacco retailer license shall be issued and any existing license shall be
revoked.
(g) Notwithstanding any other provisions of this Article, prior violations of this Article at a
location shall continue to be counted against a location and license ineligibility and suspension
periods shall continue to apply to a location unless:
(1) One hundred percent of the interest in the stock, assets, or income of the business, other
than security interest for the repayment of debt, has been transferred to one or more new
owners; and
(2) The City is provided clear and convincing evidence that the transfer was pursuant to an
arm's length transaction in good faith between two or more informed and willing parties,
neither of which is under any compulsion to participate in the transaction. A sale between
relatives, related companies or partners, or a sale for which a significant purpose is to
avoid the effect of the violations of this Article is not an arm's length transaction.
4-90.100 - Appeals.
(a) Request for hearing. A decision to deny issuance of a tobacco retailer license or to revoke a
tobacco retailer license that has been wrongly issued may be appealed to the City Manager,
subject to the following requirements and procedures.
(1) All appeals must be submitted in writing to the City Clerk no later than fifteen calendar
days after receipt of notice of the appealed action. If such an appeal is made, it shall stay
enforcement of the appealed action.
(2) No later than fifteen calendar days after receipt of the appeal, the City Manager shall set
an appeal hearing at the earliest practicable time. The City Clerk shall give notice of the
hearing to the parties at least ten calendar days before the date of the hearing.
(b) Conduct of hearing. Hearings pursuant to this Article shall be conducted pursuant to
procedures adopted by the City Manager. Strict rules of evidence shall not apply. Any relevant
evidence may be admitted if it is the sort of evidence on which responsible persons are
accustomed to rely on in the conduct of serious affairs.
(c) City Manager's decision. All parties shall be given written notice of the City Manager's
decision within fifteen business days of the hearing. The decision of the City Manager shall
be supported by the weight of the evidence. The decision of the City Manager shall be final
and shall not be subject to appeal to the City Council.
(d) Appellant's failure to appear at hearing. Failure of the appellant to appear at a hearing shall be
considered a withdrawal of the request for a hearing and the decision being appealed shall
remain in effect.
196
Article 7-35 - REGULATION OF SMOKING IN CERTAIN PLACES
7-35.010 - Findings and purposes of Article.
(a)The City Council finds and determines that there is an overwhelming body of evidence
indicating the adverse effects of tobacco smoke on the health and physical comfort of
people. The purposes of this Article are to protect the public health and welfare by
prohibiting or regulating smoking in certain places and to strike a reasonable balance
between the needs of persons who smoke and the needs of nonsmokers to breathe smoke-
free air, and to recognize that where these needs conflict, the need to breathe smoke-free
air shall have priority.
(b) The City recognizes that smoking is regulated by the State. Nothing herein is
intended to conflict with State law. Where there is a conflict between this Code and
State law, the more restrictive of the two shall apply.
7-35.020 - Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them in this Section, unless the context or the provision clearly requires
otherwise:
(a) Bar means an area or a room utilized primarily for the sale or serving of alcoholic
beverages for immediate consumption by guests on the premises and in which the sale or
serving of food is merely incidental to the consumption of such beverages. Although a
restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.
(ab)Dining area means an enclosed area containing tables or counters open to the public and
designed, established, or regularly used for consuming food or drink regardless if
located on public or private property.upon which meals are served for immediate
consumption by guests on the premises.
(c) Enclosed means closed in by a roof and by walls on at least three sides.
(b) Multifamily Development means two or more units with one or more shared or
abutting walls, floors, ceilings, or shared ventilation systems, including but not
limited to condominiums, duplexes, triplexes, or larger structures whether owner
occupied or rental.
(c)Multifamily Residence Common Area means every area of a multifamily
developments that residents of that development are entitled to enter or use,
including, but not limited to, halls and paths, lobbies and courtyards, elevators and
stairs, community rooms and playgrounds, gym facilities and swimming pool areas,
parking garages and parking lots, shared restrooms, shared laundry rooms, shared
cooking areas, and shared eating areas.
(d)Multifamily Apartment Complex means a multifamily development with four or
more units on the same parcel and owned and let by or on behalf of the same owner,
not including a hotel.
(d) Open to the public means an enclosed area which is available for use by or accessible to
the general public during normal course of business conducted by either public or private
entities.
(e) Restaurant means any establishment which gives, sells or offers for sale to the public any
food for immediate consumption on the premises. The term includes, but is not limited
to, any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, cocktail lounge,
197
sandwich stand, soda fountain, public or private lunchroom or dining room. A tavern or
cocktail lounge which constitutes a "bar," as defined in subsection (a) of this Section,
shall not be considered a restaurant.
(f) Retail tobacco store means a retail establishment engaged primarily in the sale of tobacco
products and tobacco accessories and the sale of other products is merely incidental.
(g) Service area means any areaopen to the public, whether publicly or privately owned
area, designed or regularly used by one or more person(s) to receive or wait to
receive goods, services, enter a public place, or make a transaction, whether or not
such service includes exchange of money. Service areas include, but are not limited
to information kiosks, bus stops, lines of automated teller machines, public
telephones, and ticket purchase kiosks.
(g) Smoke or smoking means inhaling, exhaling, burning or carrying any lighted tobacco
product or other combustible weed, plant or substance.
(h) Smoke means the gases, particles, or vapors released into the air as a result of
combustion, electrical ignition or vaporization, when the apparent or usual purpose
of the combustion, electrical ignition or vaporization is human inhalation of the
byproducts, except when the combusting or vaporizing of materials contains no
tobacco or nicotine and the purpose of the inhalation is solely olfactory, such as, for
example, smoke from incense. The term “smoke” includes, but is not limited to,
tobacco smoke, electronic cigarette vapors, and marijuana smoke.
(i) Smoking means engaging in an act that generates smoke, such as for example:
possessing a lighted pipe, lighted hookah pipe, an operating electronic cigarette, a
lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe,
cigar, hookah pipe, or cigarette of any kind.
(hj) Workplace means an enclosed area of a structure or portion thereof which is utilized
primarily for the conduct of a business or other enterprise including, but not limited to
outdoor workplaces such as construction sites.
7-35.030 - Smoking prohibited.
It shall be unlawful to smoke in any of the following places within the City:
(a) Restaurants. Smoking is prohibited in all interior restaurant spaces and dining areas.
Smoking in outdoor seating areas is not prohibited by this Section.
(b) Elevators.Smoking is prohibited in all elevators in buildings open to the public, including
elevators in office, hotel and apartment buildings irrespective of the number of units
within such buildings.
(c) Health care facilities. Smoking is prohibited in all areas open to the public, including
lobbies, waiting rooms and hallways, within any public or private hospital, clinic, medical
office, nursing or convalescent home or other health care facility. If the facility contains
a cafeteria or other form of restaurant, as defined in Section 7-35.020(e), such restaurant
shall comply with the regulations set forth in subsection (a) of this Section. Smoking is
further prohibited in any room occupied by two or more patients of a health care facility
described herein, unless all patients within the room are smokers and request in writing
upon the health care facility's admission forms to be placed in a room where smoking is
permitted.
(d) Public meeting rooms. Smoking is prohibited in meeting rooms, hearing rooms,
conference rooms, chambers and other enclosed places of public assembly in which the
198
business of the City is conducted by any elected or appointed official, council,
commission, committee, or board which requires or permits direct participation or
observation by the general public.
(e) Public lobbies and hallways. Smoking is prohibited in lobbies, hallways and other
enclosed areas of City owned or controlled buildings which are open to the public.
(f) Theaters and auditoriums. Smoking is prohibited within all parts of any building which
is used primarily for exhibiting any motion picture, stage drama, performance or other
similar performance, which parts are open to the public, and within any room, hall or
auditorium that is occasionally used for exhibiting any motion picture, stage drama,
dance, musical performance, or other similar performance during the time that said room,
hall or auditorium is open to the public for such exhibition; provided, however, that
smoking is permitted on a stage when such smoking is part of a stage production.
(g) Museums, libraries and galleries.Smoking is prohibited in all areas of museums, libraries,
and galleries which are open to the public.
(h) Hotel and motel lobbies common areas.Smoking is prohibited in all areas except Except
as permitted in Section 7-35.050 smoking is prohibited in all areas of a hotel or motel
that guests are entitled to enter or use, including, but not limited to, halls and paths,
lobbies and courtyards, elevators and stairs, community rooms and playgrounds,
gym facilities and swimming pool areas, parking garages and parking lots, shared
restrooms, shared laundry rooms, shared cooking areas, and shared eating areas..
(i) Public restrooms. Smoking is prohibited in public restrooms open to the public.
(j) Business establishments. Smoking is prohibited within all enclosed workplaces and
other areas open to the public in business establishments providing goods or services to
the general public and not otherwise mentioned in this Section, including, but not limited
to, retail service establishments as defined in Section 15-06.560 of this Code, personal
service establishments as defined in Section 15-06.500 of this Code, financial institutions
as defined in Section 15-06.270 of this Code, and offices all as defined in Section Article
15-06.480 of this Code.; provided, however, that smoking shall be permitted in enclosed
walkways, corridors, malls and other areas between individual business establishments
unless otherwise posted as "no smoking" by the operators of such areas; and provided
further, that this prohibition shall not apply to any business establishment listed in Section
7-35.050 of this Article. Areas "open to the public" wherein smoking is prohibited under
this subsection shall not include private offices of individual businesspersons to which
clients or customers are admitted only by specific invitation or appointment.
(k) Designated nonsmoking areas. Notwithstanding any other provision of this Section, any
owner, operator, manager or other person who controls the use of any establishment
described in this Section may declare that entire establishment as a nonsmoking area. In
addition, any owner, operator, manager or other person who controls the use of any public
or private establishment which is not described in this Section may declare any portion
or all of such establishment as a nonsmoking area and upon the posting of appropriate
signs, smoking shall be prohibited in such areas.
(l) Public events. All special event permits shall prohibit smoking at events requiring
such permits unless the organizer certifies that the event is for adults only and will
not be promoted to attract children under the age of 18 years.
(m) Service areas. Smoking is prohibited in all service areas.
199
(n) Entrances. Smoking is prohibited within 20 feet horizontally or vertically of any
entrances, exits, operable windows, or air intake openings into an enclosed area in
which smoking is prohibited, except while the person is actively passing on the way
to another destination.
(o) Multifamily Housing Common Areas. Smoking is prohibited in Multifamily
Residence Common Areas.
(p) Multifamily Apartment Complexes. Smoking is prohibited in Multifamily
Apartment Complexes constructed or converted to rental use after September 16,
2016 and all leases shall include a clause prohibiting smoking in all areas of the
complex, including inside individual units and on private balconies or patios.
(q) City-Owned Vehicles. Smoking is prohibited in City-owned vehicles.
(r) Smoking Prohibited Where Prohibited by State Law. Wherever smoking is
prohibited by State law, smoking shall be prohibited in Saratoga.
7-35.040 –Employee Notification RequirementsRegulation of smoking in the workplace.
(a) Within ninety days of July 15, 1994, each Any employer having a workplace an enclosed
place of employment located within the City of Saratoga shall inform employees of work
place smoking restrictions pursuant to the City Code.shall adopt, implement, make known
and maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment
without exception. This includes common work areas, auditoriums, classrooms, conference
and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias,
employee lounges, stairs, restrooms, locker rooms, dressing areas, and all other enclosed
facilities.
(b) All employers shall supply a written copy of the smoking policy to all employees.
(cb)Places of employment exempt from the prohibition of smoking in Section 7-35.050 shall also
be exempt from this Section.
7-35.050 - Smoking permitted.
(a) Smoking is not prohibited within any of the following places:
(1) Bars which are physically separated from other uses and which have a separate heating,
ventilation and air conditioning system regardless of whether they also serve as a place
of employment.
(21)Retail tobacco stores regardless of whether they also serve as a place of employment.
(3) An entire room or hall which is owned and operated as a private club regardless of
whether it also serves as a place of employment.
(42)Twenty percent of guestroom accommodations in a hHotel andor motel rooms rented
to guests.
(53)Any areas not generally open to the public, except as otherwise provided in Section 7-
35.040 which includes, for example, a private office that serves as a place of employment
for individuals other than the owner.
(64)Private residences except (1) multifamily apartment complexes constructed or
converted to rental use after September 16, 2016, and (2)where State law prohibits
smoking as, for example, during the provision of child care.
(7) Any portion of a place of employment that is not enclosed.
200
(85)Vehicles except for city-owned vehicles, state-owned passenger vehicles, vehicles in
which a minor is present, vehicles in which a non-smoking employee is present,
vehicles regularly used to transport a child in residential foster care, youth buses as
defined in California Vehicle Code Section 12523, and buses, taxicabs, and rideshare
vehicles in which a passenger is present.
(9) An enclosed place of employment that is not accessible to the public, which employs only
the owner and no other employee, provided that the enclosed place of employment does
not share a ventilation system with any other enclosed place of employment or public
place.
(b) Notwithstanding the foregoing, any owner, operator, manager or other person who controls
the use of any public or private establishment or place described in Paragraph (a) of this
Section may voluntarily designate any portion or all of such establishment or place as a non-
smoking area.
(c) Notwithstanding the foregoing, smoking is not allowed in any location where it is
prohibited by State law.
7-35.060 - Tobacco samples and vending machines prohibited.
(a) No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from
a vending machine or other appliance, or any other device designed or used for vending
purposes.
(b) No person shall knowingly distribute or furnish without charge, or cause to be furnished
without charge to the general public, cigarettes or other tobacco products, or coupons for
cigarettes or other tobacco products, at any event open to the public, or in any public place
including but not limited to, any right-of-way, mall or shopping center, park, playground, and
any other property owned by the City, any school district, or any park district., except in retail
tobacco stores.
7-35.070 - Posting of signs.
(a) "Smoking" orWhere smoking is prohibited throughout a building or structure,"No
Smoking" signs shall be clearly posted at each entrance to the building or structure.,
whichever may be applicable, with letters of not less than two inches in height or the
international "No Smoking" symbol (consisting of a pictorial representation of a burning
cigarette enclosed by a red circle with a red bar across it) shall be clearly, sufficiently and
conspicuously posted in every room, building or other place where smoking is regulated by
this Article.
(b)Where smoking is permitted in designated areas of a building or structure, signs stating
that “Smoking is prohibited except in designated areas” shall be clearly posted at each
entrance of the building or structure, and signs stating “Smoking permitted” shall be
clearly posted in all designated smoking areas of the building or structure.
(c) Any ashtray located in a nonsmoking area must have a sign conspicuously posted within one
foot of in close proximity to the ashtray with letters of not less than two inches in height
stating "Smoking Prohibited—Extinguish Here," or language with equivalent meaning.
(cd)It shall be the responsibility of the owner, operator, manager or other person who controls the
use of any place where smoking is regulated by this Article to post the signs required by this
Section.
201
7-35.080 - Unlawful acts.
(a) It shall be unlawful for any person to smoke in a place where smoking is prohibited pursuant
to this Article.
(b) It shall be unlawful for any person who owns, operates, manages or controls the use of any
place where smoking is prohibited or regulated under this Article to fail to properly set aside
required "no smoking" areas, to properly post any signs required by Section 7-35.070, to adopt
a smoking restriction policy, or to comply with any other requirement of this Article.
7-35.090 - Enforcement.
The City Manager, or his designee, is authorized to enforce the provisions of this Article. Any
owner, operator, manager, employee, guest or customer of any establishment regulated by this
Article shall have the right to inform persons violating this Article of the appropriate provisions
contained herein.
7-35.100 - Violations.
The violation of any provision contained in this Article shall constitute an infraction and a
public nuisance, subject to enforcement and the penalties, civil fines, and other remedies as set
forth in Chapter 3 of this Code.
7-35.110 – Smoking and Tobacco Regulations. The list below provides a reference to Sections
of the City of Saratoga Municipal Code that regulate smoking or tobacco products.
(a)4-90 Tobacco Retailer License. Requires tobacco retailers to obtain a tobacco retailer
license to ensure compliance with City business standards, encourage responsible
retailing of tobacco products, discourage violations of laws related to tobacco products,
and protect public health, safety, and welfare.
(b)11-15 Tobacco-Free Recreation Areas. Establishes restrictions on smoking and use of
tobacco products in City recreational areas.
(c)15-80.130 Requiring tobacco retailers to obtain conditional use permits and setting
standards for the issuance of such permits.
787117.4
202
NOTICE FROM THE CITY OF SARATOGA
Proposed Changes to Smoking
Regulations & Tobacco Retailer License
On July 6, 2016 at 7:00 p.m. at the Civic Theater located at 13777 Fruitvale Avenue, the Saratoga City
Council will hold a public hearing on an ordinance amending the City’s smoking regulations and tobacco
retailer license requirements.
The ordinance, if adopted by the City Council, will:
Prohibit smoking and use of electronic smoking devices in all indoor and outdoor common areas
of multifamily developments, which includes developments of two or more units with one or
more shared or abutting wall, floor, ceiling, or shared ventilation system (i.e. condominium,
duplex, triplex, etc.);
Prohibit smoking in new rental apartment complexes constructed or converted after September
16, 2016;
Prohibit smoking at events that require a special event permit, unless the event organizer
certifies the event is for adults only and will not be promoted to children under age 18;
Prohibit smoking within 20 feet, horizontally and vertically, of any entrance to a space where
smoking is prohibited;
Prohibit smoking in all indoor and outdoor dining areas open to the public;
Prohibit smoking in all service areas, defined as areas open to the public that are used to wait or
receive goods or services or make a transaction, either publicly or privately owned;
Prohibit smoking in all workplaces, including outdoor workplaces; and
Align tobacco retailer license location restrictions with 15-80.130 for new retail locations.
A copy of the ordinance is available on the City of Saratoga website at www.saratoga.ca.us/smokingregs
or it can be viewed by visiting the City Clerk at Saratoga City Hall during regular business hours at 13777
Fruitvale Avenue, Saratoga.
The proposed changes described above may impact Saratoga multifamily developments and business
establishments. Consequently, this courtesy notice has been mailed to multifamily developments and
businesses located in Saratoga.
If you would like to share your opinions of the proposed changes, you may appear during the public
hearing to speak during the public comment period. You may also write to the City Council to express
your thoughts on the ordinance. In order to be included in the City Council’s information packets,
written communications should be filed with the City Clerk by June 28, 2016.
Questions about the ordinance or opportunities to share thoughts on the proposed changes to City Code
should be addressed to:
Crystal Bothelio | City Clerk/Assistant to the City Manager
408.868.1269 | cbothelio@saratoga.ca.us
203
1
Crystal Bothelio
From:David Fradin <davidfradin@digitalenterprises.com>
Sent:Thursday, June 23, 2016 10:50 AM
To:Crystal Bothelio
Subject:Comments on Proposed Ordinance Regarding Smoking
As former president of the Gatehouse Homeowners Association, I strongly support this ordinance.
29 Year Resident
I have lived at 20740 4th Street since 1987. During that time, two different occupants in the unit downstairs
were smokers. That smoke easily found its way through multiple cracks and into my upstairs
unit. The Gatehouse was the Franklin apartments and was converted to condos around 1972. Very poor
materials and construction was used in its building.
Confirmed Second Hand Smoker
As a confirmed and dedicated second hand smoker of almost all of my first 18 years (until I left home for
college) my sinuses were ruined. After the first smoking resident was here, in 1996 I had to have major
nasal polyps surgery to enable me to breath, smell and taste.
Owners changed. Smoking stopped. Then a new smoking owner moved in. The surgery had to be repeated
again in 2005.
Nasal Polyps, Again!
My research suggests that the polyps and accompanying loss of smell and taste plus my acute allergies leading
to multiple sinus and inner ear infections, is directly linked to and caused by second hand smoke.
When I was president, I tried to include in new By-Laws for the Gatehouse, a regulation like many multifamily
dwellings have in the Bay area and in some cities, that bans smoking inside.
But one lady objected and campaigned against it saying that such a ban would be taking away a citizen’s right
to smoke. I don’t dispute the fact is someone wants to kill themselves…fine. Go for it.
But in the same way governments limit the ability to allow others to damage others with guns, cars, etc. you
should do the same with second hand smoke. There is a large body of medical research that shows beyond any
shadow of the doubt that second hand smoke is not good for you.
Ban Second Hand Smoke: Especially in all multifamily buildings in Saratoga not just once recently built
or converted.
If a safety requirement should come along that will save lives and reduce endangerment for people from a car,
would you say that the new safety requirement should only be for new cars?
Thank you for your consideration!
204
2
------------------------------------------------------
David Fradin, President
AIPMM Certified Agile Product Manager, Product Marketing Manager, Google Adwords Advertising Professional
Email: davidfradin@digitalenterprises.com
------------------------------------------------------
Phone: 408-741-0974 (A message left here, automatically pages me)
Cell: 408-892-5025
Fax: 732-601-6441
205
1
Crystal Bothelio
From:kathyaforte@comcast.net
Sent:Saturday, June 25, 2016 10:24 PM
To:Crystal Bothelio
Subject:Comments on proposed smoking ordinance
I've lived at the Gatehouse in Saratoga for 26 years and I support your non-smoking
ordinance.
But the ordinance doesn't go far enough. We need to ban second-hand smoke in all multi-
family dwellings in Saratoga. There is absolutely not reason to restrict smoking in only
new units.
Secondhand smoke kills an estimated 50,000 Americans, including 430 infants, a year,
according to a 2006 U.S. Surgeon General's report. It concluded that concentrations of
cancer-causing and toxic chemicals might be higher in secondhand smoke than in the
fumes that smokers directly inhale.
Are you saying the lives of residents in newer buildings are more important than the lives
of residents in buildings constructed before 2016?
Many cities in California have banned smoking such as Sunnyvale, Marin
County, Huntington Park, Sausalito, San Rafael and Santa Monica.
As a former president of the board of directors at the Gatehouse, I support my neighbor
David Fradin who also sent you an email supporting a tighter smoking ordinance. We
need the city to support us here at the Gatehouse with an effort that will saves lives now.
-Kathy Forte, former president of the Gatehouse HOA
20720 4th St, #2
Saratoga, CA 95070
206
1
Crystal Bothelio
From:Shari Mullen <shari@scmullen.com>
Sent:Sunday, June 26, 2016 1:49 PM
To:Crystal Bothelio
Subject:Proposed Smoking Regulations - Support For
RE: Proposed Smoking Regulations – Support For
Dear Crystal,
I would like to go on record as wholeheartedly supporting this smoking proposal. I want to have a non‐smoking
environment in which to live.
As someone who loves walking and dining in the village and who lives in a multi‐family complex in Saratoga I thank you
for working to pass this initiative.
Thank you,
Shari Mullen
Placida Court, Saratoga, CA
shari@scmullen.com
408-868-9450
207
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:City Manager’s Department
PREPARED BY:Brian Babcock, Administrative Analyst II
SUBJECT:Quarterly Communications Report
RECOMMENDATION:
Approve the theme for the 2016 Fall Saratogan and provide direction on articles
Provide direction on three online survey topics
Approve topics and hosts for the City’s Video Program for the second quarter of Fiscal
Year 2016/17
BACKGROUND:
The City of Saratoga uses a variety of methods to communicate with residents to ensure that the
public has access to useful and important information.One of those methods is The Saratogan,
the City’s quarterly newsletter, which has been published since 2008. In the last year, the City
has taken advantage of digital technology to publish and market the newsletter in an effort to
reach more residents. That includes the use of the Constant Contact email service and social
media platforms, including Nextdoor, Facebook, and Twitter.
At its 2016 February Retreat,Council directed staff to further its efforts in using digital
technology by using Peak Democracy or another online survey tool to ask residents questions on
relevant topics.Information gathered from these surveys could be used in the future to form
articles for the newsletter or as topics for Council-hosted videos.
DISCUSSION:
2016 Summer Saratogan and Analytics
The last issue of The Saratogan,the 2016 summer edition (Attachment A),was published in
early June with the theme,“Summer Fun.”Four hundred hard copies were printed and made
available at City Hall,Saratoga Library,Saratoga Chamber of Commerce,newspaper racks,
coffee shops,and other areas in the City.The newsletter was emailed through Constant Contact
(Attachment B)to 3,904 subscribers,and 35%of those who received the email opened it.That is
208
higher than the industry average, although it is lower than the open rate the City received for the
two previous Saratogan emails.
However, the link clicks and click rate (highlighted in the chart below) were far higher than the
previous emails. Staff believes this happened because more residents who want to receive the
newsletter have subscribed over the last few months and because the newsletter offered them
information they wanted to know more about. This was proven by the fact that the two most
clicked links were for the full PDF version of the newsletter and the “Saratoga Summer Plans”
page that focused on community events and places to visit in the City.
Edition Sent Opened Open Rate Link Clicks Click Rate
2016 Winter Saratogan 3,590 1,190 36.2%178 15%
2016 Spring Saratogan 3,779 1,269 36.8%141 11.1%
2016 Summer Saratogan 3,904 1,252 35.1%314 25.1%
2016 Fall Saratogan Theme and Article Topics
For the 2016 Fall Saratogan edition, staff is proposing the theme, “State of the Art.” If Council
approves of the theme, the newsletter could include the articles listed below.
Main article topics:
A profile on the collaboration between the City of Saratoga and Montalvo Arts Center’s
to display “PLACE” at the Saratoga Library
A listing of plays, art exhibits, and concerts happening throughout the Fall
A feature on the 60
th Anniversary Parade
Additional article topics:
An article on Village Specific Plan Update outreach and survey results
An item on Fire Prevention Month
Safety tip from the Sheriff’s Office
Ask Our Staff
Online Survey Questions
In April, staff brought forth three survey topics for Council consideration: Saratoga Parks, City
Commissions, and the City of Saratoga’s 60
th Anniversary. The parks survey was released
through Peak Democracy in the first week of June and has been a stunning success. As of
June 30, there were 227 residents who had taken the survey. The vast majority of residents filled
out the survey after learning about it through Nextdoor.com.
Staff asked four questions:
1.Did you know that Saratoga has more than a dozen parks? Which ones have you
visited in the last year?The top three answers (in order) were: Kevin Moran Park
(57.2%), Wildwood Park (51.8%), and Hakone Gardens (38.7%)
2. What do you believe are the most important benefits of parks?The top three answers
(in order) were: Provide outdoor recreational opportunities (83%), Protect open space and
environment (75.8%), and Increase quality of life (74.4%)
209
3. What park and recreation facilities are most important to your family’s needs?The
top three answers (in order) were: Natural areas/Open space (81%), Trails (74.7%), and
Playgrounds (48.4%)
4. July 2016 is Parks and Recreation Month! Please share your favorite memory of
when you visited a Saratoga park. What happened? What made the moment so
special to you?Staff received many stories from residents. In addition, staff took photos
of some of these residents at the parks they discussed in their stories. These photographs
and accompanying stories will be shared on the City’s and Recreation Department’s
Facebook pages throughout July.
The survey on City Commissions will be released this week while the 60
th Anniversary survey
will be published in August.
For the months of September, October and November, staff is recommending the following
survey topics:
Community Events
Fire Prevention
2020 by 2020 Trees Initiative
City Video Program
At its April 20, 2016 public meeting, Council approved two videos for the first quarter of Fiscal
Year 2016/17 (July – September) to allow staff and the videographer to identify the most
effective methods and procedures for producing videos.
The approved video topics were:
Prospect Road Median Improvements Project
General Overview of the Planning Commission and the Public Hearing Process
Unfortunately, the Prospect Road Median Improvement Project has been delayed until the fall.
Staff is recommending moving the Prospect Road Median video to the second fiscal quarter
(October – December) and replace it this quarter with a video about the 2020 by 2020 initiative.
If approved, the video topics will include:
First Fiscal Quarter (July – September):
o 2020 by 2020 Trees Initiative
o General Overview of the Planning Commission and the Public Hearing Process
Second Fiscal Quarter (October – December):
o Prospect Road Median Improvements Project
o Planning Commission Video (Topic to be Determined)
Communications Update
Staff continues to work on and make progress on various communication-related items beyond
The Saratogan, surveys, and videos. Below is an update on a few of those items:
Website Redesign: Staff received 18 proposals from companies replying to Saratoga’s
request-for-proposals (RFP) for a complete redesign of the City’s website. Staff has
whittled the list down to a few candidates with an expectation of choosing a vendor
before the end of this month. Staff plans to have a contract ready for City Council
210
consideration in August.
Interdepartmental Communication Efforts: Staff from different departments are working
closely together from the beginning of a project to better communicate with the public. A
great example of this was the work between the City Manager’s Office and the
Community Development Department on the Village Specific Plan Update outreach. This
partnership helped the City receive feedback from hundreds of residents through a Peak
Democracy survey, and guaranteed that staff followed up with the public and shared the
results with residents.
Another project currently under way is between the City Manager’s Office and the
Recreation Department. Staff reached out through the recent parks survey to ask residents
about their memories and experiences in the City’s parks. Staff chose a few stories and
photographed the resident at the park that is featured in their story. These stories and
photographs will be shared on the City of Saratoga and Recreation Department’s
Facebook pages throughout July as part of Parks and Recreation Month.
Promotion of City Communication Platforms: The City continues to “boost” Facebook
posts when necessary to reach a larger audience, such as with a post advertising the
annual Independence Day Celebration. In addition, staff cross-promotes its
communications platforms. An example of this was when the City reached out to
residents on Nextdoor to inform them of possible alterations Facebook had made to its
notification system. Staff let residents know how they could change their notification
settings on Facebook to allow them to continue seeing the City’s posts. After that
Nextdoor post, 50 residents “liked” the City’s Facebook page. In addition, after taking
three years to reach 1,000 followers in April 2016, the City’s Facebook page has received
another 200 new page likes in the last two months to bring the total to 1,200 followers.
ATTACHMENTS:
Attachment A: 2016 Spring Saratogan
Attachment B: 2016 Summer Constant Contact Email
211
SAR ATOGANthe
Summer 2016
Summer in Saratoga is full of fun activities, outdoor adventures,
cultural experiences, and traditional events.
Saratoga’s Recreation Department is in full swing with camps, classes,
and getaways for children, teens, adults, and seniors. Check out what’s
being offered by visiting www.saratoga.ca.us/recreation.
The City’s parks and facilities, such as the Warner Hutton House and
Joan Pisani Community Center, are also busy with birthday parties,
anniversary celebrations, and family gatherings. To reserve space at a City
park or facility, visit www.saratoga.ca.us/reservations.
And there is much more happening in Saratoga’s 14 parks this summer,
including popular events like the Saratoga Movie Nights series at El Quito
Park and Independence Day Celebration at Kevin Moran Park. The Classic
Car Show will be back on Sunday, July 10, at 10 a.m. along Big Basin Way.
Read on to page 2 for more information on summer fun in Saratoga. The
City of Saratoga wishes its residents a fun and wonderful summer!
Summer Fun
Save the Date
Help celebrate Saratoga’s sixth decade of incorporation
by attending the
60th Anniversary Parade
on Sat., September 17, 2016
on Big Basin Way in
Downtown Saratoga.
More information to follow.
Consider purchasing a secure, locking mailbox to help prevent your mail from being stolen.
Keep track of crime in your area. Visit
www.crimereports.com.
Be notified when emergencies
happen in your area. Sign up at www.sccgov.org/sites/alertscc.
Quick Tip from
Capt. Rick
Like what you’rereading?
Subscribe to The Saratogan and have it sent automatically to your email account!
Visit: http://bit.ly/saratogan
212
Saratoga Pet Parade Sun., Aug. 2, 11:00 a.m. to 1:00 p.m. Location TBD - saratogavillage.info
Saratoga
Summer
Plans!
Places to Visit
Hakone Gardens
21000 Big Basin Way
Koi pond & tea room!
www.hakone.com
Saratoga Quarry Park
22000 Congress Springs Road
Open dawn to dusk
Hiking trails & picnic areas!
Saratoga History Museum
20450 Saratoga-Los Gatos Road
Friday - Sunday 1:00 to 4:00 p.m.
www.saratogahistory.com
Saratoga Library
13650 Saratoga Avenue
Events, books & full-service computers!
www.sccl.org/saratoga
14 Parks in Saratoga
Barbecue pits, tennis courts,
picnic tables, and
playgrounds...
More info: www.saratoga.ca.us/parks
Independence Day Celebration Mon., July 4 from 9:30 to 11:00 a.m. Kevin Moran Park, 12415 Scully Ave.
Summer Movie Nights
3rd Fri. in June, July & Aug. - 7:30 p.m.
El Quito Park, 12855 Paseo Presada
Community Events
213
Red Hot Red geraniums can be spotted in planters
and hanging baskets throughout the
Saratoga Village, seen in front of the Warner
Hutton House at City Hall, and viewed in numerous gardens at residents’ homes.
In March, the Saratoga City Council designated
the red geranium as Saratoga’s official flower.
The choice of flower was recommended by
the Saratoga in Bloom Committee, a group of
community volunteers who oversaw the City’s
application in the America in Bloom contest.
Last year, Saratoga was awarded top honors
in the City’s population category (30,000 –
40,000) as well as being recognized as having the “Most Beautiful Canopy of Trees.”
The red geranium, an easy to care for flower, is
a perennial that enjoys full sun or partial shade
and is considered moderately drought tolerant.
That last part is important as the Santa Clara
Valley Water District continues to encourage
everyone to conserve water. Although there has
been rain, California remains in a drought.
For water conservation tips and information,
visit www.valleywater.org.
Red Geranium Designated as Saratoga’s Official Flower
Home Sweet Home
Tips to Keep Your Home Safe from Burglars
Saratoga is one of the
safest cities in California,
but no city is safe enough to
be crime free. Following are
some tips from the Santa
Clara County Sheriff’s
Office to help keep your
home safe from burglars:
1. Lock Doors and
Windows: All doors and
windows should be secured
and locked when not in use
or anytime no one is home. Blinds and curtains should
be closed when no one is home or after dark to avoid
advertising any expensive property. And never hide a key
outside.
2. Have a Well-Lit Home: The Sheriff’s Office
suggests having exterior, motion-activated lighting at
a home’s front door, side yard, and back yard. Installing
timers on interior lights and setting them to turn on
at random times during the day and night can ward off
burglars.
3. Alarm Systems are Important: Be sure to test
them regularly and update
all contact information—
including an emergency
contact—with the alarm
company. An emergency
contact can be a family
member, friend, or trusted
neighbor. The emergency
contact should have access
to the home and knowledge
of the property so they know
if anything is out of place or
missing.
4. Request Patrol Checks: Residents can also request
patrol checks when going on vacation to make sure their
homes are being watched while they are away. To request
a patrol check, call the Sheriff’s Office non-emergency
number at (408) 299-3233.
The Sheriff’s Office has similar tips to prevent vehicle
burglary. Always lock a vehicle’s doors and activate
the alarm. Don’t make it easy for criminals by leaving
valuable items in the vehicle and in plain view. For more
information, visit www.saratoga.ca.us/StayingSafe.
214
To learn more about The Saratogan, make comments, suggest story ideas, or just ask a question,
contact Brian Babcock at bbabcock@saratoga.ca.us or 408.868.1275. You can also find The Saratogan
online and sign up for email alerts at www.saratoga.ca.us/saratogan.
C I T Y o f S ARATO
G
A
CALIFO R N I A1956
Ask Our Staff featuring Bridget Bolanos
Have a question? Send your question(s) to bbabcock@saratoga.ca.us or call (408) 868-1275.
Q: The Saratoga Recreation Department offers so many options for our City’s youth during the summer months. Is there a camp that you would recommend for my child?
A: Great question! I would highly recommend you consider registering your child for Camp Wild Coyotes. It’s an in-house, City-run camp that’s received a lot of positive feedback from campers and parents alike.
Not only do campers play active games throughout each day, but they also participate in arts and crafts, science experiments, enrichment projects, and field trips. The camp is offered in week-long sessions and has four field trips each week! Camp Wild Coyotes is offered to children ages 8 to 11, which is perfect for the high level of activity. This program is extra special because it’s facilitated by highly trained City staff, ensuring stellar quality and a great summer experience.
Is your child not old enough for Camp Wild Coyotes? No problem! The Recreation Department offers many other camps and classes for children of all ages. You can view the Summer Activity Guide here: www.saratoga.ca.us/recreation or call me directly at (408) 868-1251. I hope to see you this summer!
Bridget Bolanos is a Recreation Supervisor with the City of Saratoga’s Recreation Department. She is
responsible for overseeing all in-house camps and programs and is the liaison to the Youth Commission.
&Q A
Twelve Silicon Valley communities,
including Saratoga, have given the green light
to a greener grid.
These communities agreed to join Silicon
Valley Clean Energy (SVCE), a new nonprofit
public agency that will offer a Community
Choice Energy (CCE) program for Santa Clara
County, similar to the one in Sonoma County.
The CCE will pool the electricity demand of
residents and businesses and buy cleaner
power at competitive prices.
Additional steps are underway to bring this
new energy choice to market in the Spring of
2017.
To learn more about SVCE, its process
to date and next steps to launch, visit
www.svcleanenergy.org.
Prospect Road Median
Improvement Project
When will construction begin?
Summer 2016
What is it?
This project, along a two-mile se
c
t
i
o
n
of Prospect Road between Sara
t
o
g
a
-
Sunnyvale Road and Lawrence
Expressway, will upgrade the me
d
i
a
n
landscaping and add bus shelte
r
s
,
ADA-compliant ramps, sidewalk
s
,
and bicycle detector loops.
How much will the project cost?
$4.75 million, with 88% cover
e
d
by grant funding from VTA.
www.saratoga.ca.us/prospectroa
d
SILICON VALLEY CCE PARTNERSHIP
215
1
Dear Neighbor,
This issue of Saratoga's quarterly newsletter focuses on many of the fun community events,
activities, and places to visit during the summer. Also read about the Prospect Road Median
Improvement Project, home safety tips, and Community Choice Energy. Recreation
Supervisor Bridget Bolanos also gives her recommendation for the best summer camp for
kids.
Read the full newsletter here:
2016 Summer Saratogan
Summer Fun
Summer in Saratoga is full of fun activities, outdoor
adventures, cultural experiences, and traditional events. There
is also a lot happening in Saratoga's 14 parks this
summer, including popular events like the Saratoga Movie
216
2
Nights series at El Quito Park and Independence Day
Celebration at Kevin Moran Park.
Read More About Summer Events
Home Safety Tips
Saratoga is one of the safest
cities in California, but no city is
safe enough to be crime free.
Following are some tips from the
Santa Clara County
Sheriff's Office to help keep
your home safe from burglars:
Lock Doors and Windows
Have a Well-Lit Home
Buy an Alarm System
Request Patrol Checks
Learn More Tips
Around Town...
For such a relatively small city, there is a lot happening in Saratoga.
RED HOT
The red geranium, a perennial that enjoys full
sun or partial shade, has been designated as
Saratoga's official flower.
Read More
COMMUNITY CHOICE ENERGY
Twelve Silicon Valley communities, including
Saratoga, have given the green light to a
greener grid.
Read More
Past Issues of The Saratogan
217
3
Read past issues of The Saratogan
and catch up on everything you've been missing.
Click Here
Website About the City What's New Services Things to do Contact Us
City of Saratoga, 13777 Fruitvale Ave, Saratoga, CA, CA 95129
SafeUnsubscribe™ bbabcock@saratoga.ca.us
Forward this email | Update Profile | About our service provider
Sent by cityhall@saratoga.ca.us in collaboration with
Try it free today
218
SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Designation of League of California Cities Annual Conference Voting
Delegate and Alternates
RECOMMENDED ACTION:
Designate the City of Saratoga voting delegate and alternative voting delegate(s) for the 2016
League of California Cities Annual Conference.
BACKGROUND:
The League of California Cities Annual Conference will take place October 5-7, 2016 in Long
Beach. During the conference, the League conducts its Annual Business Meeting and members
take action on resolutions that establish League policy. Each member city is asked to designate a
voting delegate and up to two alternate voting delegates. Delegates and alternates must be
registered to attend the Annual Conference.
The League of California Cities requires that cities submit the names of their designated voter
and alternatives by Friday, September 23, 2016, but is requesting Council action by July 31,
2016.
Additional information about the conference is available online at
https://www.cacities.org/Education-Events/Annual-Conference.
ATTACHMENTS:
Attachment A – League of California Cities Letter on Annual Conference Designated Voters and
Alternates
219
June 10, 2016
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference – October 5 – 7, Long Beach
The League’s 2016 Annual Conference is scheduled for October 5 – 7 in Long Beach. An
important part of the Annual Conference is the Annual Business Meeting (during General
Assembly), scheduled for noon on Friday, October 7, at the Long Beach Convention Center. At
this meeting, the League membership considers and takes action on resolutions that establish
League policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting
delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote
in the event that the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to the League’s office
no later than Friday, September 23, 2016. This will allow us time to establish voting
delegate/alternate records prior to the conference.
Please note the following procedures that are intended to ensure the integrity of the voting
process at the Annual Business Meeting.
• Action by Council Required. Consistent with League bylaws, a city’s voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution that
reflects the council action taken, or have your city clerk or mayor sign the form affirming
that the names provided are those selected by the city council. Please note that
designating the voting delegate and alternates must be done by city council action and
cannot be accomplished by individual action of the mayor or city manager alone.
• Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference; they
may register for Friday only. To register for the conference, please go to our website:
www.cacities.org. In order to cast a vote, at least one voter must be present at the
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Council Action Advised by July 31, 2016
220
Business Meeting and in possession of the voting delegate card. Voting delegates and
alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the Voting Delegate Desk. This will enable them to receive
the special sticker on their name badges that will admit them into the voting area during
the Business Meeting.
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates, but
only between the voting delegate and alternates. If the voting delegate and alternates find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with
the voting card will sit in a separate area. Admission to this area will be limited to those
individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together, they must sign in at
the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Long Beach
Convention Center, will be open at the following times: Wednesday, October 5, 8:00 a.m. – 6:00
p.m.; Thursday, October 6, 7:00 a.m. – 4:00 p.m.; and Friday, October 7, 7:30–10:00 a.m. The
Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed
during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo. Please
share these procedures and this memo with your council and especially with the individuals that
your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by Friday, September 23. If you have questions, please call Kayla Gibson at
(916) 658-8247.
Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
221
Annual Conference Voting Procedures
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council may designate a voting delegate and up to two alternates; these individuals are
identified on the Voting Delegate Form provided to the League Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may
pick up the city's voting card at the Voting Delegate Desk in the conference registration
area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they
will receive a special sticker on their name badge and thus be admitted to the voting area at
the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates
(or alternates), and who have picked up their city’s voting card by providing a signature to
the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a
resolution.
5. Voting. To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee. The voting card may be
transferred freely between the voting delegate and alternates, but may not be transferred to
another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card
will sit in a designated area. Admission will be limited to those individuals with a special
sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
222
2016 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by Friday, September 23, 2016.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in
the Annual Conference Registration Area. Your city council may designate one voting
delegate and up to two alternates.
In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must
be designated by your city council. Please attach the council resolution as proof of designation. As an
alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action
taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business
Meeting. Admission to this designated area will be limited to individuals (voting delegates and
alternates) who are identified with a special sticker on their conference badge. This sticker can be
obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE
AND ALTERNATES.
OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: E-mail
Mayor or City Clerk Phone:
(circle one) (signature)
Date:
Please complete and return by Friday, September 23, 2016
League of California Cities FAX: (916) 658-8240
ATTN: Kayla Gibson E-mail: kgibson@cacities.org
1400 K Street, 4th Floor (916) 658-8247
Sacramento, CA 95814
CITY:________________________________________
223