HomeMy WebLinkAbout08-17-2016 City Council Agenda PacketSaratoga City Council Agenda – Page 1 of 4
SARATOGA CITY COUNCIL
REGULAR MEETING
AUGUST 17, 2016
4:30 P.M. CLOSED SESSION
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957)
Title: City Manager
6:00 P.M. JOINT MEETING
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
Joint Meeting with Saratoga Chamber of Commerce & Destination Saratoga
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 AGENDA
The agenda for this meeting was posted on August 12, 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
Commendation Honoring Christopher Riordan
Recommended Action:
Present the commendation honoring Christopher Riordan’s military service.
Saratoga City Council Agenda – Page 2 of 4
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 July 6, 2016.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
07/05/2016 Period 13 and Period 1; 07/14/2016 Period 13 and Period 1; 07/19/2016 Period
13 and Period 1; 07/26/2016 Period 13 and Period 1; 08/02/2016 Period 13 and Period 2;
and 08/09/2016 Period 13 and Period 2.
1.3. Second Reading of Ordinance Amending Smoking and Tobacco Retailer Regulations
Recommended Action:
Waive the second reading and adopt the ordinance amending Article 4-90 Tobacco Retailer
License and Article 7-35 Regulation of Smoking in Certain Places.
2. PUBLIC HEARING
None
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Active Lifestyles Discussion
Recommended Action:
Receive report.
4.2. Five Year Community Access Cable Services Agreement
Recommended Action:
Authorize the City Manager to execute a new five year agreement with the Saratoga
Community Access Television Foundation.
4.3. Discussion of Ordinance Enabling Bingo Events
Recommended Action:
Provide direction to staff on whether to prepare an ordinance that would amend the City
Code to allow certain organizations, including charitable organizations, to hold bingo
events.
Saratoga City Council Agenda – Page 3 of 4
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County
Council Finance Committee
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Mayors and Managers
West Valley Sanitation District
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Public Art Ad Hoc
Saratoga Chamber of Commerce & Destination Saratoga
Santa Clara County Library Joint Powers Authority
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Council Member Mary-Lynne Bernald
Association of Bay Area Governments
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County-Selection Committee
FAA Select Committee on South Bay Arrivals
Hakone Foundation Board
Public Art Ad Hoc
Saratoga Historical Foundation
Saratoga Sister City Organization
West Valley Solid Waste Management Joint Powers Authority
Council Member Howard Miller
Council Finance Committee
Silicon Valley Clean Energy Authority Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
VTA Board West Valley Cities Alternate
Council Member Rishi Kumar
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
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 August 12, 2016 at the City
Saratoga City Council Agenda – Page 4 of 4
of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at
www.saratoga.ca.us.
Signed this 12th day of August 2016 at Saratoga, California.
Crystal Bothelio, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us.
Any materials distributed by staff after the posting of the agenda are made available for public
review at the office of the City Clerk at the time they are distributed to the City Council. These
materials are also posted on the City website.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting. [28 CFR 35.102-35.104 ADA title II]
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 – 4:00 p.m. Closed Session, 5:00 p.m. Commission Interviews, 6:00 p.m. Joint
Study Session with Traffic Safety Commission
09/21 Regular Meeting – 4:30 p.m. Closed Session, 5:00 p.m. Joint Meeting with SASCC, 6:00 p.m.
Joint Meeting with Youth Commission
10/05 Regular Meeting – 5:30 p.m. Joint Meeting with Saratoga School Districts in Senior Center,
Saunders Room
10/19 Regular Meeting –5:00 p.m. Joint Meeting with Historical Foundation, 6:00 p.m. Joint Meeting
with Sheriff’s Office
11/02 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board of
Trustees
11/16 Regular Meeting – Joint Meeting with Senator Beall Jr.
12/07 Regular Meeting – Joint Meeting with Representative Low
12/20 Reorganization
12/21 Regular Meeting –Council Norms Study Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative Conference
Room at Saratoga City Hall at 13777 Fruitvale Avenue.
CITY OF SARATOGA
CITY COUNCIL JOINT MEETING CALENDAR 2016
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with the Saratoga Chamber of Commerce &
Destination Saratoga
August 17, 2016 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m. Welcome & Introductions
6:15 p.m. Chamber of Commerce Updates
6:30 p.m. Destination Saratoga 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.
5
SARATOGA CITY COUNCIL
MEETING DATE:August 17, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, Deputy City Clerk
SUBJECT:Commendation Honoring Christopher Riordan
RECOMMENDED ACTION:
Present the Commendation honoring Christopher Riordan’s military service.
BACKGROUND:
Christopher Riordan has been an employee with the City of Saratoga since 2007. In August
2015, Chris was mobilized to active military status and deployed to Afghanistan. He served as
the Chief of the Coalition Support Cell. Chris returned to work in Saratoga in July 2016.
ATTACHMENTS:
Attachment A –Commendation Honoring Christopher Riordan
6
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
CHRISTOPHER A. RIORDAN
WHEREAS, Christopher Riordan has been a City of Saratoga employee in the
Community Development Department as a Senior Planner since 2007; and
WHEREAS, Christopher was born in Poughkeepsie, New York and later moved to San
Jose with his parents and three siblings in 1968 when IBM transferred his father to California;
and
WHEREAS,after graduating from Gunderson High School, Christopher enlisted in the
United States Navy, completed basic training at Great Lakes Naval Training Center, and attended
Navy Meteorology School at Chanute Air Force Base in Rantoul, Illinois; and
WHEREAS,upon completion of training, Christopher was assigned for his six year
enlistment to the U.S.S Enterprise, a nuclear aircraft carrier that ported in Alameda, California;
and
WHEREAS,Christopher attended West Valley College in Saratoga and earned both a
Bachelor’s degree in Business Administration and Master’s degree in Urban and Regional
Planning from San Jose State University; and
WHEREAS, in 2001, Christopher received a Naval Officer Commission as an Ensign in
the Navy Reserves, where he served as a Supply Officer for various Navy units, including both
the Seabee and Cargo Handling Battalions; and
WHEREAS, Christopher currently holds the rank of Commander and is the Chief Staff
Officer for Surface Deployment and Distribution Command 320 located in Alameda, California;
and
WHEREAS, in August 2015, Christopher was mobilized to active duty military status and
deployed to Afghanistan as part of Operation Freedom’s Sentinel; and
WHEREAS, Christopher served as the Chief of the Coalition Support Cell for the United
States Forces-Afghanistan and in this position, he was responsible for fifteen Department of
Defense civilian and military members located at five bases throughout Afghanistan that provided
logistical support to troops from 42 coalition countries participating in Operation Freedom’s
Sentinel; and
WHEREAS, Christopher A. Riordan was released from active duty on June 26, 2016,
welcomed back by his wife Sherry and his daughter Emma, a freshman at Presentation High
School, and continued his work as a Senior Planner for the City of Saratoga on July 5, 2016.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does
hereby recognize Christopher A. Riordan for his exemplary military service for the United States
of America, as well as the sacrifices that he and his family have made, and welcome him back to
the City of Saratoga with the utmost gratitude for his service to our country.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 17th day of
August 2016.
________________________
E. Manny Cappello, Mayor
City of Saratoga 7
SARATOGA CITY COUNCIL
MEETING DATE:August 17, 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 July 6, 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 July 6, 2016
8
Saratoga City Council Minutes – Page 1 of 10
MINUTES
WEDNESDAY, JULY 6, 2016
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the Saratoga City Council held a Closed Session in the Administrative Conference
Room at Saratoga City Hall at 13777 Fruitvale Avenue, Saratoga. At 6:00 p.m., the City Council
conducted a Joint Meeting with representatives of the Montalvo Arts Center.
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 Members
Mary-Lynne Bernald, Howard Miller, Rishi Kumar
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance & Administrative Services Director
Erwin Ordoñez, Community Development Director
Michael Taylor, Recreation & Facilities Director
Brian Babcock, Administrative Analyst II
Adam Henig, Recreation Supervisor
Debbie Bretschneider, Deputy City Clerk
REPORT ON POSTING OF THE AGENDA
City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted on
June 30, 2016.
REPORT FROM CLOSED SESSION
Mayor Cappello announced that there was nothing to report from Closed Session.
REPORT FROM JOINT MEETING
Angela McConnell, Executive Director of Montalvo Arts Center, provided an overview of the
City Council’s Joint Meeting with the Montalvo Arts Center. She shared that Montalvo
celebrated the opening of the Grand Entrance and Garden Terrace, thanked the City for its
partnership, and provided a summary of Montalvo’s summer programming and activities.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
ANNOUNCEMENTS
Council Member Kumar thanked Sarah Okuno for coordinating another successful Independence
Day Celebration and the Saratoga Village Development Council volunteers for the patriotic
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Saratoga City Council Minutes – Page 2 of 10
decorations in Saratoga Village. He also noted that some residents have observed an odor in the
tap water, which is the result of an algae growth in the water supply before treatment. The Santa
Clara Valley Water District and San Jose Water Company are working on the issue. Residents
can report odor to San Jose Water Company at 408.630.2985. He also spoke about neighborhood
safety and recent crime activity, recommending that residents take precautions and follow crime
prevention best practices available. He also encouraged residents to form Neighborhood Watch
groups.
Council Member Miller noted that this quarter’s issue of The Saratogan included public safety
tips and he encouraged residents to purchase locking mailboxes that are tamperproof and to be
vigilant. He also shared that there are many classes and programs offered through the Saratoga
Recreation Activity Guide, including summer camps that still have spaces open.
Council Member Bernald announced that the Saratoga Historical Museum will be extending the
Olivia de Havilland exhibit till the end of the month. The Museum will also be opening a display
of 12 significant events in the history of Saratoga as determined by Willys Peck.
Vice Mayor Lo announced the Saratoga Classic Car Show on July 17, 2016 from 10:00 a.m. to
5:00 p.m. on Big Basin Way. On July 16, some of the car show entrants will be cruising through
Saratoga, Los Gatos, and Campbell starting from Big Basin Way.
Mayor Cappello announced the Movie Night event on July 15 at El Quito Park at 7:30 p.m. He
also shared that that the City Council is challenging residents to plant 2,020 trees by the year
2020 and is helping residents reach that goal by offering to pay for half the cost of planting a tree
through Our City Forest. Information is on the City website at www.saratoga.ca.us/2020by2020.
The City is also accepting applications for the Parks and Recreation Commission and the Library
Commission. Applications are due by August 30, 2016 and are available on the City website at
www.saratoga.ca.us/comvac.
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.
Mayor Cappello presented the proclamation to Laurel Perusa, playing the part of Olivia de
Havilland.
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.
Mayor Cappello presented the proclamation to Recreation Supervisor Adam Henig and
invited Ram Parasurama to share a story about his experience with Saratoga parks.
10
Saratoga City Council Minutes – Page 3 of 10
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on June 15,
2016.
BERNALD/KUMAR MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE REGULAR CITY COUNCIL MEETING ON JUNE 15, 2016.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
06/14/2016 Period 12; 06/21/2016 Period 12; and 06/29/2016 Period 12.
BERNALD/KUMAR MOVED TO 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. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
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.
BERNALD/KUMAR MOVED TO ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED APRIL 30, 2016. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
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.
BERNALD/KUMAR MOVED TO ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED MAY 31, 2016. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
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Saratoga City Council Minutes – Page 4 of 10
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.
RESOLUTION NO. 16-046
BERNALD/KUMAR MOVED TO APPROVE THE 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. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.6. Resolution Authorizing Final Disposition of Certain City Records
Recommended Action:
Adopt resolution authorizing final disposition of certain city records.
RESOLUTION NO. 16-047
BERNALD/KUMAR MOVED TO APPROVE THE RESOLUTION
AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
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).
BERNALD/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO
SIGN THE AMENDED JOINT POWERS AGREEMENT (JPA) FOR THE
SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY
(SVRIA). MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
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.
BERNALD/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO
ENTER INTO AN AGREEMENT FOR EMPLOYMENT AND LABOR LAW
SERVICES WITH MOUSER LAW FIRM, A PROFESSIONAL
CORPORATION. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.12
Saratoga City Council Minutes – Page 5 of 10
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.
ORDINANCE NO. 340
MOTOR VEHICLE RESOLUTION NO.312
BERNALD/KUMAR MOVED TO WAIVE THE SECOND READING AND
ADOPT THE ORDINANCE UPDATING VARIOUS PROVISIONS OF THE
CITY CODE AND ADOPT THE RESOLUTION ALLOWING 15 MINUTE
PARKING AT THE TURKEY TRACK LANE ELECTRIC VEHICLE
CHARGING STATION IN ACCORDANCE WITH THE NEWLY ADOPTED
CODE PROVISIONS. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
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.”
BERNALD/KUMAR MOVED TO 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.”MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
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.
Council Member Kumar removed this item to comment upon use of assessment
districts to install surveillance cameras.
City Manager James Lindsay addressed City Council questions on the agenda item.
RESOLUTION NO. 16-044
RESOLUTION NO. 16-045
13
Saratoga City Council Minutes – Page 6 of 10
BERNALD/MILLER MOVED TO ADOPT: 1) THE RESOLUTION
DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF
THE ENGINEER’S REPORT; AND 2) THE RESOLUTION APPOINTING
THE ATTORNEY’S FOR THE DISTRICT. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
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.
RESOLUTION NO. 16-048
RESOLUTION NO. 16-049
BERNALD/KUMAR MOVED TO ADOPT: 1) 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; AND 2) THE 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. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, KUMAR.
NOES: NONE. ABSTAIN: MILLER. ABSENT: NONE.
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.
MOTOR VEHICLE RESOLUTION NO. 313
MOTOR VEHICLE RESOLUTION NO. 314
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Saratoga City Council Minutes – Page 7 of 10
BERNALD/KUMAR MOVED TO ADOPT: 1) THE MOTOR VEHICLE
RESOLUTION ESTABLISHING PARKING RESTRICTION ON PROSPECT
ROAD AT VIA RONCOLE; AND 2) THE MOTOR VEHICLE RESOLUTION
ESTABLISHING PARKING RESTRICTION ON MELINDA CIRCLE AT
KRISTY LANE.MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
2.PUBLIC HEARING
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.
Crystal Bothelio, City Clerk/Assistant to the City Manager, presented the staff report.
Moe Kumre, Santa Clara County Weed Abatement Program Manager, addressed
questions from the City Council.
Mayor Cappello invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 16-046
MILLER/LO MOVED TO ADOPT RESOLUTION CONFIRMING REPORT
AND ASSESSMENT OF HAZARDOUS VEGETATION ABATEMENT
CHARGES. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
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.
Crystal Bothelio, City Clerk/Assistant to the City Manager, presented the staff report.
Mayor Cappello invited public comment on the item.
The following people requested to speak:
Lisa Busse
Carol Baker, American Cancer Society Cancer Action Network
Nidhi Badiyani, Breathe California 15
Saratoga City Council Minutes – Page 8 of 10
No one else requested to speak.
BERNALD/LO MOVED TO 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. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
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.
Brian Babcock, Administrative Analyst II, presented the staff report on the item.
Mayor Cappello invited public comment.
No one requested to speak.
Council Member Miller suggested a video on the City’s tree permit process. He also
recommended tracking download rates of the Saratogan from different sources, such
as the City’s email to subscribers or Nextdoor. He also commented that many residents
may not be familiar with the City’s Commissions, so the purpose of the survey on
Commissions should be to educate residents about Commissions. Council Member
Miller suggested that the article on fire prevention include information on the
weed/brush abatement program.
Mayor Cappello commented that he liked the proposed theme of the Saratogan.
Council Member Bernald said she liked the listing of activities. She suggested that the
video on the Prospect Road Median Project include b-roll footage showing the
roadway before improvements.
Council Member Kumar suggested that the newsletter include information about La
Niña and ongoing drought conditions.
16
Saratoga City Council Minutes – Page 9 of 10
MILLER/BERNALD MOVED TO AMENDED VIDEO TOPICS FOR THE
FIRST QUARTER OF THE FISCAL YEAR TO A GENERAL OVERVIEW OF
THE PLANNING COMMISSION/PUBLIC HEARING PROCESS AND 2020
BY 2020 TREE PLANTING CHALLENGE; AND AUTHORIZED VIDEOS ON
THE PROSPECT ROAD MEDIAN PROJECT AND TREE PERMIT PROCESS
FOR THE SECOND QUARTER OF FISCAL YEAR 2016/17. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
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.
Mayor Cappello introduced the item.
Mayor Cappello invited public comment on the item.
No one requested to speak.
MILLER/BERNALD MOVED TO DESIGNATE VICE MAYOR LO AS THE
CITY OF SARATOGA VOTING DELEGATE, COUNCIL MEMBER
BERNALD AS THE FIRST VOTING DELEGATE ALTERNATE, AND
COUNCIL MEMBER KUMAR AS THE SECOND VOTING DELEGATE
ALTERNATE FOR THE 2016 LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Saratoga Area Senior Coordinating Council (SASCC)– the next meeting is on July 27, 2016.
West Valley Mayors and Managers – the next meeting will be July 22, 2016.
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee – With the Hakone Master Plan approved by
the City Council and Hakone Foundation, the Board is now discussing how to proceed with the
implementation of the master plan. Consequently, the Board will be creating a fundraising plan
that will include naming opportunities within the park that will be coming before the City
Council later this year. Additionally, the Centennial Gala will take place on September 18 from
5:00 p.m. to 9:30 p.m.
Council Member Mary-Lynne Bernald
Association of Bay Area Governments – the ABAG/MTC merger continues to move forward. On
June 22, MTC approved an implementation plan for the merger.
FAA Select Committee on South Bay Arrivals – three public outreach meetings have been held
and at least 600 people were in attendance at the meeting in Mountain View. In July, the
Committee will be meeting with experts from the FAA and may also meet with outside experts
that can provide information on ways to address noise concerns that have been raised. When the
17
Saratoga City Council Minutes – Page 10 of 10
Committee was originally formed it was expected to operate through July and it now appears that
the work of the Committee will not conclude until October.
VTA State Route 85 Corridor Policy Advisory Board – Council Member Bernald attended the
meeting on behalf of Council Member Miller. The Board provided recommendations on the final
sales tax measure ballot language and discussed noise mitigation testing locations on State Route
85. Saratoga is currently listed as one of the testing locations.
Council Member Howard Miller
Silicon Valley Clean Energy Authority Board of Directors – the Authority now has an executive
director that brings excellent experience. The next step in the development is to build the
organization and hire employees. If everything goes according to plan, customers in Saratoga
might start transitioning to Silicon Valley Clean Energy by spring 2017.
Council Member Rishi Kumar
Council Member Kumar reported he has been working with Santa Clara Valley Water District
and San Jose Water Company on addressing the issue of odor coming from tap water in
Saratoga. The water is safe to drink, but residents can contact San Jose Water Company at
408.279.7900 to report odors or request water quality testing. Additionally, the Water District
has reduced water conservation targets from 30% to 20%. Effective July 1, there will be minor
changes to water conservation rules for residents. Council Member Kumar also noted that he
attended a nationwide White House briefing on a variety of policy areas, such as education.
CITY COUNCIL ITEMS
Mayor Cappello announced that the July 20, 2016 and August 3, 2016 City Council Meetings
have been cancelled. The next City Council Meeting will be August 17, 2016.
CITY MANAGER'S REPORT
None
ADJOURNMENT
BERNALD/MILLER MOVED TO ADJOURN THE MEETING AT 9:18 P.M. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Crystal Bothelio, City Clerk
City of Saratoga
18
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:
7/5/2016 Period 13 07/19/2016 Period 13 08/02/2016 Period 13
7/5/2016 Period 1 07/19/2016 Period 1 08/02/2016 Period 2
7/14/2016 Period 13 07/26/2016 Period 13 08/09/2016 Period 13
7/14/2016 Period 1 07/26/2016 Period 1 08/09/2016 Period 2
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 #
7/5/16 131100 131144 45 102,727.27 07/06/16 06/29/16 131099
7/5/16 131145 131166 22 34,523.66 07/06/16 07/05/16 131144
Accounts Payable 7/14/16 131167 131197 31 308,458.17 07/14/16 07/05/16 131166
7/14/16 131198 131229 32 214,901.28 07/17/16 07/14/16 131197
7/19/16 131230 131252 23 61,010.65 07/19/16 07/14/16 131229
7/19/16 131253 131271 19 21,980.26 07/19/16 07/19/16 131252
7/26/16 131272 131290 19 12,676.78 07/26/16 07/19/16 131271
7/26/16 131291 131329 39 229,586.23 07/26/16 07/26/16 131290
Accounts Payable 8/2/16 131330 131335 6 36,844.35 08/02/16 07/26/16 131329
Accounts Payable 8/2/16 131336 131388 53 495,706.11 08/02/16 08/02/16 131335
Accounts Payable 8/9/16 131389 131402 14 64,605.96 08/09/16 08/02/16 131388
8/9/16 131403 131459 57 114,130.97 08/09/16 08/09/16 131402
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
07/05/16 131134 PW 21,128.59
07/05/16 131135 CM 25,000.00
07/14/16 131173 PW 162,298.16
07/14/16 131188 FAC 21,559.00
07/14/16 131191 Various 36,989.77
07/14/16 131198 Various 133,537.00
07/26/16 131327 General PW Clean Water Program 180,239.50
08/02/16 131370 SCC Office of the Sheriff General PS 431,347.75
08/09/16 131454 Vedapuram Achutharaman CDD 24,850.00
Various
Fuel Reduction
Legal
Accounts Payable
San Jose Water
Fund Purpose
2016 PMP Project
General
CIP 2016 PMP Project
CIP-Window Rplcmnt City Hall Windows
Water (Utilities)
Santa Clara Fire Safe Council
G. Bortolotto & Company
Roxy Glass, Inc.
SARATOGA CITY COUNCIL
MEETING DATE:August 17, 2016
DEPARTMENT:Finance & Administrative Services
PREPARED BY:
Ending
Check #
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Type of Checks Date Starting Check #
Accounts Payable
Accounts Payable
Accounts Payable
Shute Mihaly & Weinberger General
Liability InsuranceABAG Plan Corporation Liab/Risk Management
Law Enforcement
Bond ReleaseGeneral
West Valley Sanitation
Prior Check Register
Checks
Released
Total
Checks Amount
19
Accounts Payable checks voided during this time period:
AP Date Check #Amount
07/14/16 131210 Re-issue check 2,292.00
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Issued to
La Oferta Review
Reason Status
Vendor changed Name
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21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
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SARATOGA CITY COUNCIL
MEETING DATE:August 17, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Second Reading of Ordinance Amending Smoking and Tobacco Retailer
Regulations
RECOMMENDED ACTION:
Waive the second reading and adopt the ordinance amending Article 4-90 Tobacco Retailer
License and Article 7-35 Regulation of Smoking in Certain Places.
BACKGROUND:
At the July 6, 2016 Meeting, the City Council introduced and waived the first reading of the
attached ordinance amending Article 4-90 Tobacco Retailer License and Article 7-35 Regulation
of Smoking in Certain Places of the City Code. If adopted, the ordinance 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.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice advertising the public hearing on July 6, 2016 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.
A summary of the ordinance was also printed in the Saratoga News on August 12, 2016 and
another summary will be printed on August 26, 2016, if the ordinance is adopted.
ATTACHMENTS:
Attachment A –Ordinance
Attachment B –Written Communications
64
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
65
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
66
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
67
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
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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.
69
(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.
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(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.
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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,
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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
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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.
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(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.
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(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.
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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
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1
Crystal Bothelio
From:Leanna Tribulato
Sent:Sunday, July 24, 2016 10:22 AM
To:Crystal Bothelio
Subject:Proposed Changes to Smoking Regulations
Hi Crystal,
I know we are well past the date of the public hearing on the ordinance amending the City's smoking
regulations, but I came across your letter again in my paperwork, and time has just escaped me in writing this e-
mail.
I feel very strongly about this topic. I have actually contacted my homeowners association, and then Saratoga
City about this exact issue. I was told that there were no laws stopping people from smoking in common areas
in my complex.
I am currently living in the Gatehouse, and I am renting one of the top floor units with a small patio. I have had
some neighbors who smoke below us that we have been able to talk to and they have found a different spot to
smoke, but there is one unit that will not stop smoking on their patio. We can actually smell the smoke through
our floor, if we leave the window slightly open, the smoke comes in, and currently I do not sit on my own patio,
because once I get set up to sit out there, I have to come right back in when there is smoke. I currently have a 2
year old, but when she was a baby you can imagine what it was like having her crawl on the floor, and it would
take me a while to set her up with the high chair outside and then while we are trying to eat smoke will come
up, and I have to move her back inside. When I asked the neighbor what their schedule was so I can work
around it, they told me that they have never been "harassed" before about their smoking, so I rarely go out there.
If there is any other support you need in making sure that this becomes a law, please let me know.
Leanna Meier
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SARATOGA CITY COUNCIL
MEETING DATE:August 17, 2016
DEPARTMENT:Public Works &
Recreation & Facilities
PREPARED BY:John Cherbone
Michael Taylor
SUBJECT:Active Lifestyles Discussion
RECOMMENDED ACTION:
Receive report and provide direction to staff to include a discussion of updates to the Circulation
and Open Space Element of the General Plan for the City Council’s next Annual Retreat agenda.
BACKGROUND:
One of the City Council priorities identified at the Annual Retreat was the further promotion of
active lifestyles in the community.
Nestled in the foothills of the Santa Cruz Mountains with a wonderful climate and varied
topography, Saratoga’s location is ideal for outdoor activities. The City’s parks, trails, bikeways,
and open spaces are an integral part of Saratoga’s quality of life and are a fundamental component
of supporting active lifestyles.
The key policy documents that guide how our parks, trails, bikeways, and open spaces are built
and maintained are the Circulation and Open Space Elements of the City’s General Plan. The
Open Space Element was last updated in 2007 and the Circulation Element was lasted updated in
2010. Updating these documents to provide a strong policy framework supporting active lifestyles
would be a big step forward to promoting this objective.
DISCUSSION:
Staff has provided an overview in the sections below of the City’s current trail and bikeway
network and recreation programs that help encourage an active lifestyle.
Trails (including Sidewalks and Pathways)
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The City has approximately 19 miles of trails that are both local and regional (Attachment A).
Local trails include the San Marcos Open Space Trail and the Heritage Orchard Trail. Trails that
have regional connections include Joe’s Trail that connects to Cupertino, the Parker Ranch Trail
system that connects to Fremont Older Open Space, and the future Saratoga to Sea Trail.
The City’s 26+ miles of sidewalks and pathways are located mostly on arterial/collector streets
and near schools. Staff has identified more than 10 miles of gaps that are present along some
routes due to roadway topography or lack of right-of-way.
Bikeways
The City has approximately 14 miles of bikeways (Attachment B). Similar to sidewalks, bikeways
are located mostly on arterial/collector streets where traffic and vehicle speeds are greater. Gaps
also exist in bicycle facility systems around the City.
Allendale and Fruitvale Avenues are good examples of collector streets that are in need of bicycle
lane improvements. As it can be cost prohibitive to add bicycle lanes to an existing road if the
road needs to be widened, recent traffic calming methods have led to new standards using “road
diets” to create space for cyclists. Road diets are where vehicular lane widths are reduced to allow
the addition of bicycle lanes at a fraction of the cost of widening a road.
Recreation Programing
Saratoga is a 3-time Gold Medal winning city and is currently ranked 7th nationally as a participant
in Michelle Obama's Let's Move! initiative, which promotes healthy eating and fitness habits for
children. The Youth Commission assists with the “Walk-One-Week” program to encourage
students and parents to walk to school. Many of the class offerings through the City’s Activity
Guide supporting an active lifestyle.
To further promote active lifestyles, policy updates to the Circulation and Open Space elements
could provide direction to enhance or expand the current trail, sidewalk, pathway, and bikeway
system. Staff seeks direction on the Council’s priorities for this work.
ATTACHMENTS:
A. Sidewalks/Pathways/Trails Map
B. Bicycle Facilities Map
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±
City of SaratogaSidewalks, Sidewalk Gaps, Existing Trails and Proposed Trails
LegendExisting Trails
Potential Trails
Other Existing Public Trails
Saratoga City Limit
Existing Sidewalks and Pathw ays
Gaps in Sidew alks and Pathways 81
Legend:
Fehr & Peers Page 54
Revised August 2010
olle
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r
A
e
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o
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A
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A
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Figure C-5 Existing/Planned Bicycle Facilities
Bicycle Lanes (Class II Facilities)
Bicycle Routes (Class III Facilities)
Expressway Segments (Bicycles Permitted)
Bicycle Paths (Class I Facilities) - See Existing Trail Easements Bicycle Lanes/Routes (Class II/III Facilities)
Note: Most sections of Saratoga-Los Gatos Rd. include bike lanes. On intermittent
segments, current striping does not meet Caltrans standards for bike lanes and these
sections are technically considered bike routes, even though the shoulder width
provides sufficient room for bicyclists to travel.
Note:
Based on city designation, some
facilities do not include signage
or adequate bike lane width.
Proposed Bicycle Lanes (Class II Facilities)Proposed Bicycle Routes (Class III Facilities)
Proposed Bicycle Paths (Class I Facilities)
Across Barrier Connections
0 3,000 6,0001,500
Feet
City of Saratoga Circulation and Scenic Highway Element
82
SARATOGA CITY COUNCIL
MEETING DATE:August 17, 2016
DEPARTMENT:City Manager
PREPARED BY:James Lindsay
SUBJECT:Five Year Community Access Cable Services Agreement
RECOMMENDED ACTION:
Authorize the City Manager to execute a new five year agreement with the Saratoga Community
Access Television Foundation.
BACKGROUND:
The Saratoga Community Access Television Foundation (Foundation)has been the organization
responsible for operating the Public, Educational, and Government Access channels KSAR and
KEDU for the community of Saratoga. This agreement will define the scope of work and payment
terms for the Foundation to continue operating these channels for the next five years.
The nature of broadcasting continues to evolve which is reflected in past agreements between the
City and the Foundation. The five year term allows the City and Foundation to review and update
the agreement with the next set to technological changes in broadcasting that are sure to occur by
2021.
The draft agreement (Attachment A) has been signed by the Foundation Board Chair, Tom Moran,
indicating the Board’s approval of the terms.
DISCUSSION:
A number of operational changes and payment terms are proposed to be changed in this agreement.
The most significant changes are summarized below:
Recordings
City Council and Planning Commission Recordings will be made in both standard and high
definition. Cloud storage of the recordings would be an option under the agreement.
High definition recording of community events is now included in the scope of work.
Events include but are not limited to State of the City, Arbor Day, Memorial Day, July 4th,
local candidate forum(s), and the Village Tree Lighting.83
Equipment
All equipment will be owned maintained by the Foundation.
Payment Terms
The City will pay the Foundation $35,000 in FY 2016/17 (equal monthly payments) for
the recording and broadcasting of 50 City meeting and events (approximately forty-three
City meetings and seven community events). The annual base amount would be adjusted
each subsequent year using the Consumer Price Index with a maximum adjustment of +3%.
For context, the City pays the Foundation an average approximately $26,000 per year for
recording and broadcasting services under the existing agreement.
In addition to the base amount, the City would pay the Foundation $110 per hour for City
Council or Planning Commission meetings that run past 10:30 PM.
If the number of City meetings and requested community event recordings exceeds 50 in
one fiscal year, the City would pay the Foundation $700 per City meeting or $400 per
community event. Recording and production of other videos through the City Video
Program will be handled through a separate agreement.
Public, Educational, & Government Access (PEG) Fees
Past agreements between the City and the Foundation did not address PEG fees paid to the
City from Comcast and AT&T. The PEG fees were passed to the Foundation, and the
Foundation utilized the funds to purchase the replacement studio equipment, in compliance
with State regulations on the use of PEG funds.
The draft agreement calls for the City to establish a new Community Access Television
Capital Fund in which PEG funds will be deposited and maintained with a minimum
balance of $100,000. In FY 2015/16, the City received a total of $94,844 in PEG fees
which was passed on to the Foundation. With these funds, KSAR has approximately
$227,000 in the PEG Fee account currently.
The Foundation will establish its own Capital Fund using PEG funds already provided by
the City and maintain a minimum balance of $100,000 in that fund. The Foundation will
provide the City a quarterly report on its use of PEG funds from the KSAR Capital Fund.
The Foundation will also submit an Annual Capital Plan describing anticipated
expenditures from the Fund.
Both the City and the Foundation would be able to use PEG funds from their respective
Capital Funds for PEG eligible expenses as defined by state law.
FISCAL STATEMENT:
The $35,000 base contract amount is budgeted for broadcasting services in FY 2016/17.
ATTACHMENTS:
A – Draft Agreement (2016 – 2021)
B – 2011-2016 Agreement
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SECOND AMENDMENT
TO COMMUNITY ACCESS CABLE TELEVISION SERVICES AGREEMENT
This Second Amendment to Community Access Cable Services Agreement is made at Saratoga,
California by and between the City of Saratoga, a municipal corporation ( "City) ", and Saratoga
Community Access Cable Television Foundation ( "Contractor "), who agree as follows:
WHEREAS, City and Contractor entered into an independent contractor agreement with a term
from July 1, 2005 through June 30, 2011 ( "Original Agreement ") and amended the Original
Agreement on September 8, 2008, in order to change the scope of work and payment terms
Amended Agreement "); and
WHEREAS, City and Contractor wish to further amend the Amended Agreement in order to
extend its term for an additional five (5) years and to amend the scope of work and payment
terms.
NOW; THEREFORE, the parties hereto agree as follows:
1. AMENDED SCOPE OF WORK. The scope of work attached to the Original Agreement as
Exhibit A and revised by the Amended Agreement is replaced in its entirety by Exhibit A -1
attached and hereby made a part of this agreement).
2. AMENDED TERM. Section 2 of the Original Agreement is amended to replace the
termination date of June 30, 2011 with the date of June 30, 2016 and otherwise remain
unchanged.
3. AMENDED PAYMENT TERMS. Exhibit B (concerning payment terms) attached to the
Original Agreement and revised by the Amended Agreement is replaced in its entirety by Exhibit
B -1 (attached and hereby made a part of this agreement).
4. EFFECTIVE DATE. This Second Amendment Agreement shall take effect July 1, 2011.
Continued Next Page -
Page 1 of 5
105
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment
Agreement.
City of Saratoga Contractor
By:
Dave Anderson,
City Manager
Lei(
Date
By:
DatefornMoran, Chairman
Saratoga Community
Access TV Foundation
Attes :
Ann u Ivan, City Clerk
7- 7—
Date
Approved as to Form:
Ji
DateRichardS. Taylor, City Attorney
Attachments:
Exhibit A -1 Scope of Work
Exhibit B -1 Payment
106
EXHIBIT A -1
SCOPE OF WORK
Contractor shall complete the following Scope of Work:
Arrange for and provide live and tape - delayed broadcasts and create video recordings of
regular City Council and Planning Commission meetings held in the Civic Theater.
Specifically:
a. It is understood that regular City Council meetings are held on the first and third
Wednesdays of each month and regular Planning Commission meetings are held
on the second and fourth Wednesdays of each month.
b. One video copy of each meeting shall be provided to the City Manager or his /her
designee by the close of the business day following the meeting and one copy to
the Saratoga Library.
c. Each regular meeting for which a video recording is created shall be broadcast on
a time - delayed basis at least once during the 7 -day period following the meeting.
d. The City Council or Planning Commission may, on occasion, hold regular
meetings at a location other than the Civic Theater, in which case no broadcast or
recording services shall be provided pursuant to this paragraph.
2. Provide and /or arrange for the proper maintenance of the Contractor's equipment at the
City Hall installation.
3. Minor maintenance, repair and adjustment of the City's equipment will be performed by
Contractor as staff is available.
4. Provide live broadcasts and /or video recording services of special meetings of the City
Council or Planning Commission or of other civic events upon request of City when
Contractor staff is available.
5. List up to a reasonable number of items requested by City at any given time on the
Community Service Board.
6. Index each Council and Planning Commission meeting that is recorded by KSAR to the
City's Granicus system for web streaming.
107
EXHIBIT B -1
PAYMENT
Compensation shall be as specified below:
1. BROADCAST OF REGULAR CITY COUNCIL AND PLANNING COMMISSION
MEETINGS. For the services described in Exhibit A -1, Section 1, Contractor shall be
paid $550 /meeting for the first two years (June 30, 2011 — June 30, 2013 and
600 /meeting June 30, 2014 — June 30, 2016.
2. MAINTENANCE AND REPAIR. For the services described in Exhibit A -1, Sections 2
and 3, Contractor shall be paid in accordance with the following rate schedule: $100.00
per hour.
City shall reimburse Contractor for the actual cost of all parts purchased by Contractor in
the course of providing maintenance services. Reimbursement for costs of outside
engineering or service personnel shall not exceed amounts authorized by the City prior to
said work being performed.
3. SPECIAL EVENT BROADCASTS/RECORDING. For the services described in
Exhibit A -1, Section 4, Contractor shall be paid in accordance with the rate schedule set
forth in Section 2, above and for the actual cost of any reimbursable expenses authorized
by City in connection with the special event.
4. COMMUNITY SERVICE BOARD. For the services described in Exhibit A, Section
5, Contractor shall be paid $0.00 per month.
5. GRANICUS INDEXING. The City shall pay contractor a flat fee of $100 per meeting
for the work described in Exhibit A -1, paragraph 6 following completion of the indexing
for the meeting and a receipt by the City of an invoice from the Contractor.
6. TOTAL COMPENSATION. Total compensation pursuant to this Agreement
including compensation for reimbursable expenses) in any fiscal year shall not exceed
the amount specified in the City of Saratoga budget for services pursuant to this
Agreement in that year.
108
7. INVOICES. Contractor shall submit invoices, not more often than once each month
during the term of this Second Amendment to Agreement, based on the cost of work
performed and reimbursable expenses incurred prior to the invoice date. Invoices shall
contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. A summary containing the amount of prior billings and the total due this period.
8. MONTHLY PAYMENTS. City shall make payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, and for authorized
reimbursable expenses incurred. Payments shall be made no later than thirty (30) days
following the City's receipt of the invoice.
109
CITY OF SARATOGA/
SARATOGA COMMUNITY ACCESS CABLE TV FOUNDATION
CONTRACT AMENDMENT
This Amendment Agreement is made at Saratoga, California by and between the City Of
Saratoga, a municipal corporation ( "City "), and Saratoga Community Access Cable TV
Foundation, ( "Contractor "), who agree as follows:
WHEREAS, City and Contractor entered an independent contractor agreement with a term from
July 1, 2005 through June 30, 2011 ( "Original Agreement "); and
WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the
scope of work of the Original Agreement by entering this Amendment Agreement to amend the
Original Agreement.
NOW THEREFORE, the parties hereto agree as follows:
1. Amended Scope of Work. The Scope of Work included as Exhibit A to the Original
Agreement is hereby supplemented to add the following after paragraph #5:
6. Index each Council and Planning Commission meeting that is recorded by KSAR to
the City's Granicus system for web streaming.
Copy VHS tapes of City Council meetings from the 1997 -2001 time period to DVDs
for archiving, transcode the DVDs to .wmv files, and upload the .wmv files to the
City's Granicus system for web streaming.
a. The DVDs produced by KSAR will be recorded in "2 hour" mode. Long
meetings will thus generate more than one DVD. KSAR will use the
TMPGEnc program, with format template supplied by the City, for
transcoding to .wmv files. Long meetings will be put together into single
wmv files.
b. KSAR will make every reasonable effort to convert up to two hundred (200)
tapes. It is understood that these are old VHS tapes and some may be
damaged or otherwise unreadable by KSAR's equipment.
c. All tapes and DVDs will be returned to the City. The .wmv files will be
uploaded per City direction to the Granicus server.
d. The foregoing work shall be completed no later than November 1, 2008.
Upgrade the equipment and services in the City Council Chambers by June 30, 2009
to include the following in a manner satisfactory to the City's Facilities Supervisor,
Thomas Scott:
PARP 1 of I 110
a. The extension of audio controls to the sound booth;
b. Connection to AT &T U- verse; and
c. Audio visual link to LCD projection system.
2. Amended Payment Terms. The payment terms included in Exhibit B to the Original
Agreement are hereby amended to add the following as Part III:
III. Supplemental Work,
A. The City shall pay contractor a flat fee of $100 per meeting for the work
described in Exhibit A, paragraph 6 following completion of the indexing
for the meeting and receipt by the City of an invoice from the Contractor.
B. The City shall pay contractor a flat fee of $25 per tape up to 200 tapes, not
to exceed $5000 for the work described in Exhibit A, paragraph 7 for each
tape and receipt by the City of an invoice from the Contractor for tapes
completed since the last invoice.
C. The City shall pay contractor an amount not exceed $9000 for the work
described in Exhibit A, paragraph 8. As each project described therein is
completed, Contractor may invoice City for the cost associated with that
project in an amount approved by the Facilities Supervisor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
City of Saratoga Contractor
By: 5 - t —ZOO 1BY: ti b V` L8
Dave Anderson, City Manager Date Tom Moran, Chairman of Saratoga Date
Community Access TV Foundation
Attest:
Ann Sullivan, Acting City Clerk Date
Page 2 of 3 111
Approved as to Form:
Richard S. Taylor, City Attorney
Date
Page 3 of 3 112
COMMUNITY ACCESS CABLE SERVICES AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY OF
SARATOGA, a municipal corporation ( "City "), and Saratoga Community Access Cable TV
Foundation, ( "Contractor "), who agree as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the work product
described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work product; and
WHEREAS, Contractor is duly qualified to provide the required work product; and
WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions
hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED. Subject to the terms and conditions set forth in this
Agreement, Contractor shall provide to City the work product described in Exhibit A ( "Scope of
Work "). Contractor is not authorized to undertake any efforts or incur any costs whatsoever
under the terms of this Agreement until receipt of a fully executed Purchase Order from the
Finance Department of the City of Saratoga, except, in an emergency when the City's
Emergency Operations Center has been activated, by approval of the City Manager or
Administrative Services Director.
2. TERM. The term of this Agreement commences on July 1, 2005, and extends through
June 30, 2011 unless it is extended by written mutual agreement between the parties, provided
that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times.
3. PAYMENT. City shall pay Contractor for work product produced pursuant to this
Agreement at the time and in the manner set forth in Exhibit B ( "Payment "). The payments
specified in Exhibit B shall be the only payments to be made to Contractor in connection with
Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall
submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in
Exhibit B, then according to the usual and customary procedures and practices which Contractor
uses for billing clients similar to City.
4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ( "Facilities and
Equipment "), Contractor shall, at its sole cost and expense, furnish all facilities and equipment
which may be required for completing the Scope of Work pursuant to this Agreement. City shall
furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms
and conditions set forth in Exhibit C.
Page 1 of 17
113
5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the general
provisions set forth in Exhibit D ( "General Provisions "). In the event of any inconsistency
between said general provisions and any other terms or conditions of this Agreement, the other
term or condition shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and are by
this reference incorporated herein and made a part of this Agreement.
7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of City by the City Manager ( "Administrator "). The Administrator has complete authority to
receive information, interpret and define City's policies consistent with this Agreement, and
communicate with Contractor concerning this Agreement. All correspondence and other
communications shall be directed to or through the Administrator or his or her designee.
8. NOTICES. All notices or communication concerning a party's compliance with the .
terms of this Agreement shall be in writing and may be given either personally, by certified mail,
return receipt requested, or by overnight express carrier. The notice shall be deemed to have
been given and received on the date delivered in person or the date upon which the postal
authority or overnight express carrier indicates that the mailing was delivered to the address of
the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice
of any notices or communications hereunder via email or fax. However, under no circumstances
shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such
courtesy notice affect the validity of service pursuant to the notice requirement set forth above.
Any Party hereto, by giving ten (10) days written notice to the other, may designate any other
address as substitution of the address to which the notice or communication shall be given.
Notices or communications shall be given to the Parties at the addresses set forth below until
specified otherwise in writing:
Notices to Contractor shall be sent to:
Saratoga Community Access Television Foundation
West Valley College TV Studio
14000 Fruitvale Avenue
Saratoga, CA 95070
Attn: Community Access Director
Notices to City shall be sent to:
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Page 2 of 17
114
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either
oral or written, between the parties hereto with respect to Contractor's completion of the Scope
of Work on behalf of City and contains all of the covenants and agreements between the parties
with respect to the rendering of such services in any manner whatsoever. Specifically, and
without limiting the generality of the foregoing, this Agreement supersedes the July 1, 1988
Agreement Concerning Payment of CATV Franchise Fees and any subsequent amendments to
that agreement. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied herein, and that no other
agreement, statement or promise not contained in this Agreement shall be valid or binding. No
amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
By: o /
Print Name: jC--- e,/ G 47 o
Date: t/(z ZQ 6
Position: l% L {/T LDr ` /). Cd
CITY OF SARATOGA, a municipal corporation
By: Date:
Name: 7'' A? 1pe cr `r
Title: G
APPROVED AS TO FORM:
City Attorney
z y -- z-a o 6
Date: t I l bje./
Page 3 of 17
115
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By:
Administrative Services Director
Attachments
Date:
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
Page 4 of 17
116
EXHIBIT A
SCOPE OF WORK
Contractor shall complete the following Scope of Work:
Arrange for and provide live and tape- delayed broadcasts and create video recordings of
regular City Council and Planning Commission meetings held in the Civic Theater.
Specifically:
a. It is understood that regular City Council meetings are held on the first and third
Wednesdays of each month and regular Planning Commission meetings are held
on the second and fourth Wednesdays of each month.
b. Live broadcasts of meetings shall terminate at 12:00 midnight. Video recordings
shall include the complete meeting regardless of the termination of live broadcast.
C. One video copy of each meeting shall be provided to the City Manager or his/her
designee by the close of the business day following the meeting and one copy to
the Saratoga Library.
d. Each regular meeting for which a video recording is created shall be broadcast on
a time- delayed basis at least once during the 7 -day period following the meeting.
e. The City Council or Planning Commission may, on occasion, hold regular
meetings at a location other than the Civic Theater in which case no broadcast or
recording services shall be provided pursuant to this paragraph.
2. Provide and/or arrange for the proper maintenance of the Contractor's equipment at the .
City Hall installation.
3. Minor maintenance, repair and adjustment of the City's equipment will be performed by
Contractor as staff is available.
4. Provide live broadcasts and/or video recording services of special meetings of the City
Council or Planning Commission or of other civic events upon request of City when
Contractor staff is available.
List up to a reasonable number of items requested by City at any given time on the
Community Service Board.
Page 5 of 17
117
1
EXHIBIT B
PAYMENT
Part I: Services Between July 1, 2005 and June 30, 2006:
As compensation for all services provided pursuant to this Agreement between July 1, 2005 and
June 30, 2006 Contractor shall be paid twenty percent (20 %) of the CATV Franchise Fee paid by
the City's cable communications system franchisee pursuant to section 4- 25.070 of the City
Code during that period.
Part II: Services After June 30, 2006:
Compensation for services provided after June 30, 2006 shall be compensated as specified in the
seven paragraphs that follow:
1. BROADCAST OF REGULAR CITY COUNCIL AND PLANNING COMMISSION
MEETINGS. For the services described in Exhibit A, section 1, Contractor shall be paid
500 /meeting.
2.- MAINTENANCE AND REPAIR. For the services described in Exhibit A, sections 2 and
3, Contractor shall be paid in accordance with the following rate schedule: $100.00 per hour.
City shall reimburse Contractor for the actual cost of all parts purchased by Contractor in the
course of providing maintenance services. Reimbursement for costs of outside engineering
or service personnel shall not exceed amounts authorized by the City prior to said work being
performed.
3. SPECIAL EVENT BROADCASTS/RECORDING. For the services described in Exhibit
A, section 4, Contractor shall be paid in accordance with the rate schedule set forth in section
2, above and for the actual cost of any reimbursable expenses authorized by City in
connection with the special event.
4. COMMUNITY SERVICE BOARD. For the services described in Exhibit A, section 5,
Contractor shall be paid $0.00 per month.
5. TOTAL COMPENSATION. Total compensation pursuant to this Agreement (including
compensation for reimbursable expenses) in any fiscal year shall not exceed the amount
specified in the City of Saratoga budget for services pursuant to this Agreement in that year.
6. INVOICES. Contractor shall submit invoices, not more often than once each month during
the term of this Agreement, based on the cost for work performed and reimbursable expenses
incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
C. A summary containing the amount of prior billings and the total due this period.
Page 6 of 17
118
N
7. MONTHLY PAYMENTS. City shall make payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, and for authorized reimbursable
expenses incurred. Payments shall be made no later than 30 days following the City's receipt
of the invoice.
8. CPI ADJUSTMENT. The rates in sections 1 and 2, above, shall be adjusted annually on
July 1 to reflect changes in the December to December Consumer Price Index for San
Francisco /Oakland/San Jose for the Urban Wage Earners (hereinafter "CPI/W ") since the last
rate adjustment rounded to the nearest $1.00 increment.
Page 7 of 17
119
EXHIBIT C
FACILITIES AND EQUIPMENT
City has provided its Civic Theater to be equipped with video and audio equipment for the
purpose of providing live broadcast of City Council and Planning Commission meetings. This
equipment is listed below. Contractor may use this equipment in connection with broadcasting
and recording events in the Civic Theater. All other equipment required by Contractor shall be
provided by Contractor unless otherwise specified in this agreement. City will provide
appropriate room for broadcast/video equipment and crew, sound, light and maintenance of
environment. Contractor shall not use such services, premises, facilities, supplies or equipment
for any purpose other than in the performance of Contractor's obligations under this Agreement.
City shall not use Contractor's equipment.
TYPE MAKE MODEL SN
MONITOR NEC PM1271A 84604759
TV/MONITOR PANASONIC CTN -13569 MB203102S4
POWER
CG VIDEONICS SCRIPT 003857
TV /MONITOR PANASONIC CT- 1388VYD LB88180318
CD TECHNICS SL -PD687 FGSBC15878
MONITOR SONY PVM141-2 2003372
MONITOR SONY PVM141-2 2003372
RGB MONITOR NEC AS75F 1802304YE
CONTROLLER AMX NETLINX
WAVEFORM /VECTOR MAGNI MM -410
RADIO TECH
SVHS X2 JVC HR- 57600DU 145EI456
VHS X2 PANASONIC AG -2550
SWITCHER JVC
COMPRESSOR
LIMITER DBX 160A
AMP RDL STA2
POWER SUPPLY RDL PS24A
PAN TILT POSITRACK AMX
CAMERA X3 SONY DXC 390
MONITOR PANASONIC WV5203B
Scan Convertor Extron VSC700 6047701
DVD Player TOSHIBA
DVD Player TOSHIBA
Page 8of17
120
EXHIBIT D
GENERAL PROVISIONS
INDEPENDENT CONTRACTOR. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of City.
Contractor shall complete the Scope of Work hereunder in accordance with currently
approved methods and practices in Contractor's field. City shall have the right to control
Contractor only with respect to specifying the results to be obtained from Contractor
pursuant to this Agreement. City shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no
relationship of employer and employee is created by this Agreement between the City
and Contractor or any subcontractor or employee of Contractor. Nothing contained in
this Agreement shall be construed as limiting the right of Contractor to engage in
Contractor's profession separate and apart from this Agreement so long as such activities
do not interfere or conflict with the performance by Contractor of the obligations set forth
in this Agreement. Interference or conflict will be determined at the sole discretion of the
City.
2. STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work
required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Contractor is engaged in
the geographical area in which Contractor practices its profession. All work product of
whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be
prepared in a substantial, first class and workmanlike manner and conform to the
standards of quality normally observed by a person practicing in Contractor's profession.
3. TIME. Contractor shall devote such time to the Scope of Work pursuant to this .
Agreement as may be reasonably necessary for satisfactory performance of Contractor's
obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever
as an agent. Contractor shall have no authority, express or implied, pursuant to this
Agreement to bind City to any obligation whatsoever.
BENEFITS AND TAXES. Contractor shall not have any claim under this Agreement or
otherwise against City for seniority, vacation time, vacation pay; sick leave, personal time
off, overtime, health insurance, medical care, hospital care, insurance benefits, social
security, disability, unemployment, workers compensation or employee benefits of any
kind. Contractor shall be solely liable for and obligated to pay directly all applicable
taxes, including, but not limited to, federal and state income taxes, and in connection
therewith Contractor shall indemnify and hold City harmless from any and all liability
that City may incur because of Contractor's failure to pay such taxes. City shall have no
obligation whatsoever to pay or withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or
obligation pursuant to this Agreement. Any attempted or purported assignment of any
right or obligation pursuant to this Agreement shall be void and of no effect. However,
Page 9 of 17
121
with the consent of the City given in writing, Contractor is entitled to subcontract such
portions of the work to be performed under this Agreement as may be specified by City.
7. PERSONNEL.
a. Qualifications. Contractor shall assign only competent personnel to complete the
Scope of Work pursuant to this Agreement.
r
b. Employment Eligibility. Contractor shall ensure that all employees of
Contractor and any subcontractor retained by Contractor in connection with this
Agreement have provided the necessary documentation to establish identity and
employment eligibility as required by the Immigration Reform and Control Act of
1986. Failure to provide the necessary documentation will result in the
termination of the Agreement as required by the Immigration Reform and Control
Act of 1986.
8. CONFLICT OF INTEREST.
a. In General. Contractor represents and warrants that, to the best of the
Contractor's knowledge and belief, there are no relevant facts or circumstances
which could give rise to a conflict of interest on the part of Contractor, or that the
Contractor has already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential
conflict of interest on the part of Contractor is discovered after award, the
Contractor will make a full disclosure in writing to the City. This disclosure shall
include a description of actions which the Contractor has taken or proposes to
take, after consultation with the City to avoid, mitigate, or neutralize the actual or
potential conflict. Within 45 days, the Contractor shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City.
c. Interests of City Officers and Staff. No officer, member or employee of City
and no member of the City Council shall have any pecuniary interest, direct or
indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any
member of any Contractor's family shall serve on any City board or committee or
hold any such position which either by rule, practice or action nominates,
recommends, or supervises Contractor's operations or authorizes funding to
Contractor.
9. COMPLIANCE WITH LAWS.
a. In General. Contractor shall observe and comply with all laws, policies, general
rules and regulations established by City and shall comply with the common law
and all laws, ordinances, codes and regulations of governmental agencies,
including federal, state, municipal and local governing bodies) applicable to the
performance of the Scope of Work hereunder, including, but not limited to, all
provisions of the Occupational Safety and Health Act of 1979 as amended.
Page 10 of 17
122
b. Licenses and Permits. Contractor represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are
legally required for Contractor to practice its profession. Contractor represents
and warrants to City that Contractor shall, at its sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Contractor to practice its profession. In
addition to the foregoing, Contractor shall obtain and maintain during the term
hereof a valid City of Saratoga Business License.
c. Funding Agency Requirements. To the extent that this Agreement may be
funded by fiscal assistance from another entity, Contractor shall comply with all
applicable rules and regulations to which City is bound by the terms of such fiscal
assistance program.
d. Drug -free Workplace. Contractor and Contractor's employees and
subcontractors shall comply with the City's policy of maintaining a drug -free
workplace. Neither Contractor nor Contractor's employees and subcontractors
shall unlawfully manufacture, distribute, dispense, possess or use controlled
substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite used in any
manner in connection with performing services pursuant to this Agreement. If
Contractor or any employee or subcontractor of Contractor is convicted or pleads
nolo contendere to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter, shall notify the
City.
Discrimination Prohibited. Contractor assures and agrees that Contractor will
comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting
discrimination and that no person shall, on the grounds of race, creed, color,
disability, sex, sexual orientation, national origin, age, religion, Vietnam era
veteran's status, political affiliation, or any other non -merit factors be excluded
from participating in, be denied the benefits of, or be otherwise subjected to
discrimination under this Agreement.
10. DOCUMENTS AND RECORDS.
a. Property of City. Reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by
Contractor pursuant to this Agreement shall become the property of City upon
completion of the work to be performed hereunder or upon termination of this
Agreement.
b. Retention of Records_ Until the expiration of five years after the furnishing of
any services pursuant to this Agreement, Contractor shall retain and make
available to the City or any party designated by the City, upon written request by
Page 11 of 17
123
City, this Agreement, and such books, documents and records of Contractor (and
any books, documents, and records of any subcontractor(s)) that are necessary or
convenient for audit purposes to certify the nature and extent of the reasonable
cost of services to City.
11. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information
received from City in the course of performing this Agreement in trust and confidence and
will not reveal such confidential information to any person or entity, either during the term of
the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination
as provided herein, Contractor shall return materials which contain any confidential
information to City. Contractor may keep one copy for its confidential file. For purposes of
this paragraph, confidential information is defined as all information disclosed to Contractor
which relates to City's past, present, and future activities, as well as activities under this
Agreement, which information is not otherwise of public record under California law.
12. RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for the
work, shall bear all losses and damages directly or indirectly resulting to Contractor or to any
subcontractor on account of the performance or character of the work or other circumstances
including unforeseen difficulties, accidents, occurrences or other causes, except to the extent
that Contractor is indemnified by City pursuant to section 13, below.
13. INDEMNIFICATION.
a. City Liability. Neither Contractor nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted to
be done by City under or in connection with any action or inaction of City in connection
with its performance of its obligations under this Agreement. City shall fully defend,
indemnify, and save harmless Contractor from all suits or actions of every name, kind and
description brought on for or on account of injury occurring by reason of anything done or
omitted to be done by City in performing its obligations under this Agreement.
b. Contractor Liability. Neither City nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted to
be done by Contractor under or in connection with any action or inaction of Contractor in
connection with its performance of its obligations under this Agreement. Contractor shall
fully defend, indemnify, and save harmless City from all suits or actions of every name,
kind and description brought on for or on account of injury occurring by reason of anything
done or omitted to be done by Contractor in performing its obligations under this
Agreement.
14. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of
the contract insurance as set forth in Exhibit E.
15. DEFAULT AND REMEDIES.
a. Events of default. Each of the following shall constitute an event of default hereunder:
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I . Failure to perform any obligation under this Agreement and failure to cure such
breach immediately upon receiving notice of such breach, if the breach is such that
the City determines the health, welfare, or safety of the public is immediately
endangered; or
2. Failure to perform any obligation under this Agreement and failure to cure such
breach within fifteen (15) days of receiving notice of such breach, if the breach is
such that the City determines that the health, welfare, or safety of the public is not
immediately endangered, provided that if the nature of the breach is such that the City
determines it will reasonably require more than fifteen (15) days to cure, Contractor
shall not be in default if Contractor promptly commences the cure and diligently
proceeds to completion of the cure.
b. Remedies upon default. Upon any Contractor default, City shall have the right to
immediately suspend or terminate the Agreement, seek specific performance, contract
with another party to perform this Agreement and/or seek damages including incidental,
consequential and /or special damages to the full extent allowed by law.
No Waiver. Failure by City to seek any remedy for any default hereunder shall not
constitute a waiver of any other rights hereunder or any right to seek any remedy for any
subsequent default.
16. TERMINATION. Either party may terminate this Agreement with or without cause by
providing 60 days notice in writing to the other party. Either party may terminate this
Agreement at any time without prior notice in the event that the other party commits a
material breach of the terms of this Agreement. Upon termination, this Agreement shall
become of no further force or effect whatsoever and each of the parties hereto shall be
relieved and discharged herefrom, subject to payment for acceptable services rendered prior
to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions
of this Agreement concerning retention of records, City's rights to material produced,
confidential information, contractor's responsibility, indemnification, insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive termination of this
Agreement.
17. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or
claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they
shall submit them to mediation in California at shared expense of the parties for at least 8
hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed
to by all parties, or litigation may be pursued. In the event any dispute resolution processes
are involved, each party shall bear its own costs and attorneys fees.
18. LITIGATION. If any litigation is commenced between parties to this Agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys' fees and costs.
19. JURISDICTION AND SEVERABILITY. This Agreement shall be administered and
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interpreted under the laws of the State of California. Jurisdiction of litigation arising from
this Agreement shall be in that state and venue shall be in Santa Clara County, California. If
any part of this Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the remainder of this
Agreement shall be in full force and effect.
20. NOTICE OF NON - RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Contractor under this Agreement be supplemented or continued by Contractor
under a new agreement following expiration or termination of this Agreement. Contractor
waives all rights or claims to notice or hearing respecting any failure by City to continue to
request or retain all or any portion of the work product from Contractor following the
expiration or termination of this Agreement.
21. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties
executing this Agreement and not for the benefit of any other individual, entity or person.
22. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement
shall constitute a waiver of any rights or obligations arising under this Agreement. The
failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall
in no event be deemed a waiver of the right to do so thereafter. The failure by the Contractor
to enforce any of the City's obligations or to exercise Contractor's rights shall in no event be
deemed a waiver of the right to do so thereafter.
Page 14 of 17
126
EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those which have an "X" indicated in
the space before the requirement apply to Contractor's Agreement (ignore any not checked).
Contractor 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.
Contractor 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 Contractor'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.
Professional /Errors and Omissions Liability with coverage as indicated:
1,000,000 per loss/ $2,000,000 aggregate
Paae 15 of 17
127
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
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.
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:
Page 16 of 17
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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:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
2. 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.
3. 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 ANII.
If you have any general questions please call Michele Braucht, Administrative Services
Director at 408/868 - 1221.
Page 17 of 17
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SARATOGA CITY COUNCIL
MEETING DATE:August 17, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Discussion of Ordinance Enabling Bingo Events
RECOMMENDED ACTION:
Provide direction to staff on whether to prepare an ordinance that would amend the City Code to
allow certain organizations, including charitable organizations, to hold bingo events.
BACKGROUND:
At the request of Mayor Cappello, this item has been scheduled for the August 17, 2016 City
Council Meeting to allow the Council to consider directing staff to prepare an ordinance that
would allow certain groups and nonprofits to use bingo to raise funds for charitable purposes.
Per California State law, games of bingo in which people pay to win prizes is considered a
lottery or game of chance and therefore constitutes gambling. While gambling and lotteries are
generally prohibited, there are some exceptions. For example, State law provides an exception
for nonprofit organizations providing educational, philanthropic, or social services to use
traditional bingo for charitable and fundraising purposes. Traditional bingo would include games
where a live caller draws numbers or symbols and where players are physically present at the
game.
To allow this exception, local jurisdictions must adopt an ordinance to allow bingo games to be
used by nonprofits and by mobile home parks, senior citizens organizations, and charitable
organizations associated with schools. The City of Saratoga has not adopted any ordinances
concerning bingo games.
In addition to requiring cities and counties to enact an ordinance allowing bingo, there are some
limitations that apply to local groups using bingo for fundraising purposes. Receipts from bingo
games must be used for charitable purposes. The maximum prize may not exceed $500. Bingo
games must also be open to the public and all proceeds must be kept in a fund or account
separate from the rest of the organization’s monies. Additionally, bingo must be conducted only
on property owned or leased by or donated to the organization authorized to hold bingo games.
130
Several neighboring communities have adopted bingo game ordinances, including Los Gatos,
Los Altos, and Palo Alto. A summary of the bingo game ordinances adopted by these
jurisdictions is below and the ordinances are included in the attachments.
Summary of Bingo Game Ordinances:
-Must obtain valid permit to conduct bingo games
-Bingo must be open to the public
-Minors may not play bingo
-All participants must be physically present
-Bingo must be conducted on the premises owned or leased by the permit holder
-Bingo games may only take place during certain hours (i.e. between noon and midnight)
-Bingo games may only be operated and staffed by the permit holder
-The total value of a single prize may not exceed $250 (the Legislature increased the
maximum award to $500 in 2008)
-No person may receive income or profit from a bingo game, unless as part of a bingo
prize
-Bingo profits must be kept in a separate account and cannot be comingled with the permit
holder’s other funds
-Permit holders must keep detailed records of profits, expenditures, prizes, and other
expenses
If directed by the City Council, staff will prepare an ordinance for City Council consideration that
complies with requirements of California Penal Code.
ATTACHMENTS:
Attachment A – Los Gatos Bingo Game Ordinance
Attachment B – Los Altos Bingo Game Ordinance
Attachment C – Palo Alto Bingo Game Ordinance
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(a)
(b)
(1)
(2)
ARTICLE V. - BINGO
Footnotes:
--- (3) ---
State Law reference— Bingo games for charity, Penal Code § 326.5.
DIVISION 1. - GENERALLY
Sec. 3.50.010. - De䄭Іnition.
For the purposes of this article, the word "bingo" means a game of chance in which prizes are awarded
on the basis of designated numbers or symbols on a card which conforms to numbers of symbols selected
at random. Notwithstanding Penal Code section 330c, as used in this article, the game of bingo shall include
cards having numbers or symbols which are concealed and preprinted in a manner providing for
distribution of prizes.
(Code 1968, § 4-60)
Sec. 3.50.015. - Maximum amount of prize.
The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred
䄭Іfty dollars ($250.00) in cash or kind, or both, for each separate game which is held.
(Code 1968, § 4-61)
Sec. 3.50.020. - Pro䄭Іts to be kept in separate fund or account.
With respect to organizations exempt from payment of the bank and corporation tax by Revenue and
Taxation Code section 23701d, all pro䄭Іts derived from a bingo game shall be kept in a special fund or
account and shall not be commingled with any other fund or account. Such pro䄭Іts shall be used only
for charitable purposes.
With respect to other organizations authorized to conduct bingo games pursuant to this article, all
proceeds derived from a bingo game shall be kept in a special fund or account and shall not be
commingled with any other fund or account. Proceeds are the receipts of bingo games conducted by
organizations not within paragraph (b) of this section. Such proceeds shall be used only for charitable
purposes, except as follows:
Such proceeds may be used for prizes.
A portion of such proceeds, not to exceed twenty (20) percent of the proceeds before the
deduction for prizes, or one thousand dollars ($1,000.00) per month, whichever is less, may be
used for rental of property, overhead, including the purchase of bingo equipment, administrative
[3]
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(4)
expenses, security equipment, and security personnel.
Such proceeds may be used to pay license fees.
If the monthly gross receipts from bingo games of an organization within this paragraph (b) exceed
䄭Іve thousand dollars ($5,000.00), a minimum percentage of the proceeds shall be used only for
charitable purposes not relating to the conducting of bingo games and that the balance shall be
used for prizes, rental of property, overhead, administrative expenses and payment of license fees.
The amount of proceeds used for rental of property, overhead, and administrative expenses is
subject to the limitations speci䄭Іed in subparagraph (2) of this paragraph (b).
(Code 1968, § 4-62)
Sec. 3.50.025. - Records to be kept.
A permittee under this article shall keep for a minimum of three (3) years full and accurate records of
the income and expenses of its operation, conduct, promotion, supervision and any other phase of bingo
games. The Town has the right to examine and audit such records at any reasonable time and the permittee
shall fully cooperate with the Town by making such records and supporting data available.
(Code 1968, § 4-62)
Sec. 3.50.030. - Inspection of premises.
At any time during the operation of a bingo game representatives of the Town may enter and inspect
the premises to ascertain whether this article, the Town Code or State law is being violated.
(Code 1968, § 4-62.5)
Sec. 3.50.035. - Financial interest in permittee only.
No person except the permittee shall hold a 䄭Іnancial interest in the conduct of a bingo game.
(Code 1968, § 4-63)
Sec. 3.50.040. - Exclusive operation of permittee.
A bingo game shall be operated and sta샻�ed only by members of the permittee organization. Such
members shall not receive a pro䄭Іt, wage, or salary from any bingo game. Only the permittee shall operate
such game, or participate in the promotion, supervision or any other phase of such game. This section does
not preclude the employment of security personnel who are not members of the authorized organization at
such bingo game by the organization conducting the game.
(Code 1968, § 4-64)133
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Sec. 3.50.045. - Bingo games open to public.
All bingo games shall be open to the public, not just to the members of the permittee organization.
(Code 1968, § 4-65)
Sec. 3.50.050. - Attendance limited to occupancy capacity.
Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be
limited to the occupancy capacity of the room in which such game is conducted as determined by the
Building O섀䤽cial in accordance with applicable laws and regulations. Permittee shall not reserve seats or
space for any person.
(Code 1968, § 4-66)
Sec. 3.50.055. - Location of games restricted.
An organization authorized to conduct bingo games pursuant to this article shall conduct a bingo game
only on property owned or leased by it, or property whose use is donated to the organization, and which
property is used by such organization for an o섀䤽ce or for performance of the purposes for which the
organization is organized. Nothing in this section shall be construed to require that the property owned or
leased by or whose use is donated to the organization be used or leased exclusively by or donated
exclusively to such organization. The permit shall expressly authorize the permittee to conduct bingo games
only on such property, at the address stated in the application. In the event the speci䄭Іed property ceases to
be used as an o섀䤽ce and as a place for performance of the purposes for which the permittee is organized,
the permit shall terminate. A new permit may be sought by an eligible organization, upon application under
the provisions of this article, when it again owns or leases property used by it for an o섀䤽ce or for
performance of the purposes for which the organization is organized.
(Code 1968, § 4-67)
Sec. 3.50.060. - Minors not to participate.
No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo
game.
(Code 1968, § 4-68)
Sec. 3.50.065. - Intoxicated persons not to participate.
No person who is obviously intoxicated shall be allowed to participate in a bingo game.
(Code 1968, § 4-69)
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(1)
(2)
(3)
Sec. 3.50.070. - Hours of operation.
No permittee shall conduct any bingo game more than six (6) hours out of any twenty-four-hour period.
No bingo game shall be conducted before 10:00 a.m. or after 12:00 midnight.
(Code 1968, § 4-70)
Sec. 3.50.075. - Participant must be present.
No person shall be allowed to participate in a bingo game unless the person is physically present at the
time and place where the bingo game is being conducted.
(Code 1968, § 4-71)
Sec. 3.50.080. - Receipt of pro䄭Іts prohibited.
It is a misdemeanor for any person to receive or pay a pro䄭Іt, wage, or salary from any bingo game
authorized by section 19 of article IV of the State Constitution. Security personnel employed by the
organization conducting the bingo game may be paid from the revenues of bingo games as provided in
Penal Code section 326.5(j) and (k). A violation of this section is punishable by a 䄭Іne not to exceed ten
thousand dollars ($10,000.00), which 䄭Іne shall be deposited in the general fund of the Town.
(Code 1968, § 4-72)
Sec. 3.50.085. - Town may enjoin violation.
The Town may bring an action in a court of competent jurisdiction to enjoin a violation of section 326.5
of the Penal Code or of this article.
(Code 1968, § 4-73)
Sec. 3.50.090. - Filing of report.
At the end of the term of each permit, every permittee shall 䄭Іle a written report made under penalty of
perjury with the Chief of Police containing the following information:
The total amount of money received from the operation of the bingo games during the term of the
permit.
The total amount paid in prizes.
Detailed costs of operation of the bingo games.
(Code 1968, § 4-56.6)
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(1)
(2)
(3)
Secs. 3.50.095—3.50.165. - Reserved.
DIVISION 2. - PERMIT
Footnotes:
--- (4) ---
Cross reference— Licenses and miscellaneous business regulations, Ch. 14.
Sec. 3.50.170. - Organizations eligible to conduct games.
Those organizations which may be authorized under the terms of Penal Code section 326.5(a) to
conduct bingo games are authorized to conduct bingo games in the Town.
(Code 1968, § 4-50)
Sec. 3.50.175. - Applications.
Applications for a permit to conduct bingo games shall be made on a form provided by and shall be
䄭Іled with the Chief of Police.
(Code 1968, § 4-51)
Sec. 3.50.180. - Applicant must be quali䄭Іed.
No permit shall be issued unless the applicant is eligible under the provisions of section 3.50.170 and its
application conforms to the requirements, terms and conditions of this article.
(Code 1968, § 4-53)
Sec. 3.50.185. - Contents of application.
The application for a bingo permit shall show:
The name of the applicant, a statement of the purpose for which the applicant is organized and
that the organization is an authorized organization under a provision of Penal Code section
326.5(a) speci䄭Іed in the application.
The name and address of all o섀䤽cers of the applicant, and the signature of an o섀䤽cer duly
authorized to make the application.
A description of the particular property, including the street number, owned or leased by the
applicant and used by the applicant for an o섀䤽ce or for performance of the purpose for which the
applicant is organized, where bingo games are proposed to be conducted, and the occupancy
[4]
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(4)
(5)
(6)
(7)
(8)
(1)
(2)
(3)
(4)
(5)
capacity of the building or portion of a building proposed to be used for bingo games.
The days of the week and hours of the day proposed for bingo games.
An agreement by the applicant to conduct bingo games in strict accordance with the provisions of
section 326.5 of the Penal Code and this article, as they may then exist or be amended from time
to time, and an acknowledgement that the permit to conduct bingo games may be revoked by the
Police Chief upon violation of any of such provisions, or any violation of any statute or ordinance
when the violation is related to the conduct of bingo games, concerning public safety or welfare,
the use of land or buildings, or moral turpitude.
If the organization's claim of authorization is based on tax exempt status, a letter of good standing
from the Exemption Division of the Franchise Tax Board showing that the exemption has been
granted as provided by one of the code sections speci䄭Іed in Penal Code section 326.5(a).
The names and addresses of all persons who will conduct bingo games and of all persons who will
have possession of the records of the conduct of bingo games or of any money received from
bingo games.
The application shall be signed by the applicant under penalty of perjury.
(Code 1968, § 4-54)
Sec. 3.50.190. - Fee.
An annual application fee 䄭Іxed by the Town Council by resolution shall accompany the application.
(Code 1968, § 4-55)
Sec. 3.50.195. - Investigation.
When a completed application is 䄭Іled and payment of the fee is made, the Chief of Police shall refer the
application to interested departments of the Town including but not limited to the Tax and License
Collector, Town Manager, Town Attorney, Planning Department and Building Department for investigation
as to whether the statements in the application are true and whether the property the applicant proposes
as a location for bingo games quali䄭Іes as property on which bingo games may lawfully be conducted. The
Chief of Police may make such additional investigation as the Chief of Police determines is appropriate. Only
when the Chief of Police is satis䄭Іed that the applicant is quali䄭Іed under the law to conduct bingo games in
the Town shall the Chief of Police issue a permit to the applicant, which shall show:
The name and nature of the organization to whom the license is issued.
The address where bingo games are authorized to be conducted.
The occupancy capacity of the room in which bingo games are to be conducted.
The date of the expiration of the permit.137
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(a)
(b)
(c)
(d)
Such other information as may be necessary or desirable for the enforcement of the provisions of
this article.
(Code 1968, § 4-56; Ord. No. 2031, § V, 7-21-97)
Sec. 3.50.200. - Criminal history.
The Chief of Police has authority to obtain criminal history information concerning each person who will
operate or assist in operating a bingo game for purposes of investigation. If the operator or persons who
will assist in operating a bingo game have been convicted of crimes involving lotteries, gambling, larceny,
perjury, bribery, fraud or similar crimes involving moral turpitude, the Chief of Police shall not approve
issuance of the permit.
(Code 1968, § 4-56.5)
Sec. 3.50.205. - Issuance and term of permits.
The issuing authority under the provisions of this division is the Chief of Police. Permits expire one (1)
year from the date of issuance.
(Code 1968, § 4-52)
Sec. 3.50.210. - Summary suspension; revocation.
Whenever it appears to the Chief of Police that a permittee is conducting a bingo game in violation of
any of the provisions of this article, the Chief of Police has authority to suspend summarily the permit
and to order the permittee to cease and desist immediately conducting bingo games.
Any person who continues to conduct a bingo game after noti䄭Іcation of a summary suspension of a
permit under the provisions of subsection (a) is guilty of a violation of the Town Code.
The order issued under subsection (a) shall also inform the permittee that it has 䄭Іve (5) days from the
date of knowledge of the order to request, in writing, a hearing to determine whether the permit will be
revoked. Failure to deliver a written request for such hearing before the Chief of Police within the 䄭Іve-
day period results in revocation of the permit.
Within ten (10) days of receipt of a proper request for a hearing by a permittee whose license has been
suspended, the Chief of Police shall conduct a hearing of the issue of whether the permit should be
revoked. The suspended permittee may appear before the Chief of Police for the purpose of presenting
evidence why the license should not be revoked. No permit shall be revoked under this section unless
notice of the time and place of the hearing is given at least 䄭Іve (5) days before the hearing by
depositing in the United States mail a notice directed to such suspended licensee at the address given
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(e)
(a)
(b)
(a)
(b)
in the application. The notice shall set forth a summary of the ground advanced as the basis for the
suspension and revocation. At the hearing proof of facts in support of suspension and revocation action
shall be made before the permittee is required to respond.
Any permittee whose permit is revoked shall not conduct any bingo game unless and until the Town
Council, on appeal, determines to overrule the decision of the Chief of Police.
(Code 1968, § 4-57; Ord. No. 2026, § IV, 2-18-97)
Sec. 3.50.215. - Revocation, alternative procedure.
Whenever it appears to the Chief of Police that a permittee is conducting bingo games in violation of
any of the provisions of this article or that the permit was obtained by any false representation, the
permit may be revoked. No summary suspension is necessary, but noti䄭Іcation that revocation is under
consideration, and of the right to a hearing, and when requested, an opportunity to appeal are required
in the same manner as in situations where there is an order of suspension.
Any organization whose license is revoked under this section shall not conduct any bingo game in the
Town unless and until such time as the Town Council, on appeal, determines to overrule the decision of
the Chief of Police.
(Code 1968, § 4-58)
Sec. 3.50.220. - Appeal of revocation to Town Council.
A permittee whose permit is revoked has the right, within ten (10) days after receiving notice in writing
of the revocation, to 䄭Іle a written notice of appeal to the Town Council. The notice shall set forth the
speci䄭Іc ground or grounds on which it is based. The Town Council shall hold a hearing on the appeal
within thirty (30) days after proper 䄭Іling of the notice, or at a time thereafter agreed upon by the Town
and the appellant, and shall give the appellant at least ten (10) days' written notice of the hearing. At the
hearing the appellant or its authorized representative shall have the right to present evidence and a
written or oral argument, or both in support of the appeal. The determination of the Town Council shall
be 䄭Іnal.
A former permittee whose permit is revoked may not again apply for a permit to conduct bingo games
in the Town for a period of one (1) year from the date of revocation, except when the sole ground for
revocation is cancellation of the tax exemption granted under the provisions of one (1) of the code
sections listed in Penal Code section 326.5. The former permittee may apply for a new permit upon
reinstatement and resumption of its tax exempt status.
(Code 1968, § 4-59)
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Chapter 4.12 - BINGO
Sections:
4.12.010 - Authority.
Pursuant to the authority provided in subsection (c) of Section 19 of Article IV of the Constitution of the
state and Section 326.5 of the Penal Code of the state, the city establishes the requirements set forth in this
chapter for the conduct of bingo games by nonpro䄭Іt charitable organizations within the city.
(Prior code § 4-12.01)
4.12.020 - Bingo de䄭Іned.
As used in this chapter, "bingo" shall mean a game of chance in which prizes are awarded on the basis
of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.
(Prior code § 4-12.02)
4.12.030 - Organizations permitted to conduct bingo games.
No person, organization, or other legal entity shall be permitted to conduct bingo games within the city
unless such persons, organizations, or other legal entities possess a valid permit and license issued
pursuant to this chapter. No application shall be accepted from any person, organization, or other legal
entity not authorized to apply for the same under Penal Code Section 326.5(a).
(Prior code § 4-12.03)
4.12.040 - Minors.
No minor shall be allowed to participate in any bingo game.
(Prior code § 4-12.04)
4.12.050 - Open to the public.
All bingo games shall be open to the public, not just to the members of the nonpro䄭Іt charitable
organization. Attendance at any bingo game shall be limited to the occupancy of the room in which such
game is conducted as determined by the 䄭Іre chief and building inspector in accordance with applicable laws
and regulations.
(Prior code § 4-12.05)
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4.12.060 - Sta섀䤽ng and operation.
Bingo games shall be operated and sta샻�ed only by members of the nonpro䄭Іt charitable organization
which organized them. Only an organization authorized to conduct a bingo game by a permit and licensed
issued pursuant to this chapter shall operate such game or engage in the promotion, supervision, or any
other phase of such game.
(Prior code § 4-12.06)
4.12.070 - Pro䄭Іts, wages, and salaries.
No person or agent of such person shall receive a pro䄭Іt, wage, salary, or other income from any bingo
game authorized by this chapter, except as a bona 䄭Іde prize received as a participant in such bingo game.
(Prior code § 4-12.07)
4.12.080 - Where bingo may be conducted.
Bingo games shall be conducted only on the premises provided in Section 326.5(f) of the California
Penal Code.
(Prior code § 4-12.08)
4.12.090 - Bingo equipment.
All equipment used in the operation of bingo games shall be owned by the organization authorized by a
permit and license to conduct such bingo games.
(Prior code § 4-12.09)
4.12.100 - Financial interests.
No individual, corporation, partnership, or other legal entity, except the organization authorized by a
permit and license to conduct bingo games, shall hold a 䄭Іnancial interest in the conduct of such bingo
games.
(Prior code § 4-12.10)
4.12.110 - Separate funds.
All pro䄭Іts derived from bingo games shall be kept in a special fund or account and shall not be
commingled with any other fund or account.
(Prior code § 4-12.11)
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B.
4.12.120 - Records.
Each organization conducting bingo games shall maintain detailed records of all pro䄭Іts, expenditures,
prizes, and other expenses associated with the operation of bingo games. Such records shall be retained for
such period of time as required by state and federal laws and for a period of three years for the purposes of
this chapter.
(Prior code § 4-12.12)
4.12.130 - Total value of prizes.
The total value of prizes awarded during the conduct of bingo games shall not exceed two hundred 䄭Іfty
dollars ($250.00) in cash or kind, or both, for each separate game which is held.
(Prior code § 4-12.13)
4.12.140 - Physical presence at bingo games required.
No person shall be allowed to participate in a bingo game unless such person is physically present at
the time and place at which the bingo game is being conducted.
(Prior code § 4-12.14)
4.12.150 - Hours of operation.
All bingo games shall be conducted only during the hours of noon to midnight.
(Prior code § 4-12.15)
4.12.160 - Violations—Penalties.
Any person who violates Sections 4.12.040 through 4.12.050, 4.12.180 through 4.12.210 and 4.12.270 of
this chapter shall be guilty of a misdemeanor and shall be subject to the penalties provided in Section
1.20.010 of Chapter 2 of Title 1 of this code.
A violation of Section 4.12.070 of this chapter shall be punishable by a 䄭Іne not to exceed ten thousand
dollars ($10,000.00), which 䄭Іne shall be deposited in the general fund of the city.
(Prior code § 4-12.16)
4.12.170 - Authority to inspect premises and records.
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B.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
The chief of police shall have the authority to inspect the premises in order to insure that the operation
of bingo games on the premises does not constitute a violation of any state or federal law or provision
of this code.
The chief of police may inspect the records and special bank accounts containing the pro䄭Іts derived
from bingo games of any organization conducting bingo games whenever it is deemed reasonable and
appropriate to insure compliance with the provisions of this chapter.
(Prior code § 4-12.17)
4.12.180 - Permits required.
No person or organization shall conduct a bingo game without 䄭Іrst obtaining a permit from the chief of
police to do so.
(Prior code § 4-12.18)
4.12.190 - Permits—Applications.
A written application for the permit required by this chapter shall be made by a섀䤽davit under penalty of
perjury and 䄭Іled with the chief of police. Such application shall contain:
The name of the organization and the names, signatures, and addresses of all the o섀䤽cers of the
organization;
The days and hours of operation of bingo games;
Attached copies of certi䄭Іcates or letters evidencing exempt status under subsection (d) of Section
23701 of the Revenue and Taxation Code of the state and subsection (2) of subsection (c) of Section
170 of the Internal Revenue Code of 1954 of the United States received from the Franchise Tax
Board of the state and the Internal Revenue Service;
The address of the premises where bingo games will be conducted;
A statement of the ownership or lease of the premises;
The purpose for which such premises are used by the organization;
A statement of the ownership of the bingo equipment used in the operation of bingo games;
A statement of consent for the chief of police to inspect any bank account containing pro䄭Іts
derived from bingo games;
The name of each individual, corporation, partnership, or other legal entity which has a 䄭Іnancial
interest in the conduct of the bingo games;
The name of the person responsible for the operation of the bingo games; and
Such further information as may be required by the chief of police.
(Prior code § 4-12.19)
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B.
C.
D.
E.
4.12.200 - Permits—Applications—Fees.
A nonrefundable fee of 䄭Іfty dollars ($50.00) to defray the costs of investigations shall accompany the
permit application.
(Prior code § 4-12.20)
4.12.210 - Permits—Applications—Investigations.
When a completed application is 䄭Іled and the payment of the fee is made, the chief of police shall
cause an investigation to be made of the applicant. The chief of police shall have the authority to obtain
criminal history information for each person operating or assisting in the operation of a bingo game for the
purposes of his investigation. If he 䄭Іnds that such operators or persons assisting in the operation of a bingo
game have been convicted within the past 䄭Іve years of crimes involving lotteries, gambling, larceny, perjury,
bribery, extortion, fraud, or similar crimes involving moral turpitude, the chief of police may deny the
issuance of the permit in question.
(Prior code § 4-12.21)
4.12.220 - Permits—Denial.
The chief of police may refuse to issue a permit if, after consideration of the application and any other
papers, records, and 䄭Іles he deems relevant, it is determined that the operation of a bingo game would be
injurious to the health, safety, and morals of the people of the city or that the permit application or
proposed mode of operation of the bingo game is not in compliance with the provisions of this chapter.
(Prior code § 4-12.22)
4.12.230 - Permits—Issuance.
Upon being satis䄭Іed that the applicant is fully quali䄭Іed under the law to conduct bingo games in the
city, the chief of police shall issue a permit to such applicant, which permit shall contain the following
information:
The name and nature of the organization to which the permit is issued;
The address where bingo games are authorized to be conducted;
The hours of the day and days of the week during which bingo games are proposed to be
conducted;
The date of the expiration of such permit; and
Such other information as may be necessary or desirable for the enforcement of the provisions of
this chapter.
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B.
(Prior code § 4-12.23)
4.12.240 - Permits—Expiration—Renewal.
Each permit issued under this chapter shall expire on the anniversary of its issuance, unless sooner
revoked. An unrevoked permit may be renewed annually upon a written application to the chief of police
and the payment of a fee of twenty-䄭Іve ($25.00) dollars at least one month before its expiration date.
(Prior code § 4-12.24)
4.12.250 - Permits—Suspension or revocation.
The chief of police may suspend for a period not to exceed six months or revoke the permit issued
under this chapter upon determining that the holder of the permit has violated, or caused or permitted any
violation of, any provision of this chapter or state or federal law in connection with the conduct and
operation of bingo games. Upon receipt of information that the holder of a permit issued under this chapter
committed or caused or permitted any of such violations, the chief of police shall notify by mail the permit
holder of a hearing, to be held not less than 䄭Іve days after the date of mailing, to determine whether or not
the permit should be suspended or revoked. The notice shall state the date, time, and place of the hearing
and shall contain a statement of the grounds upon which the chief of police proposes to suspend or revoke
the permit. At the hearing, the permit holder and any other interested person shall have the right to present
evidence as to the facts upon which the chief of police proposes to suspend or revoke the permit and any
other facts which may aid the chief of police in determining whether any of such described violations has
occurred. If, after such hearing, the chief of police 䄭Іnds that any or all of the violations have occurred, he
shall notify the permit holder of that fact in writing and shall immediately suspend or revoke the permit.
(Prior code § 4-12.25)
4.12.260 - Permits—Denial of applications—Suspension or revocation—Appeals.
An applicant whose application is denied or a permittee whose permit is suspended or revoked has the
right, within ten (10) days after receiving notice in writing of the decision to deny the application or to
suspend or revoke the permit, to 䄭Іle a written notice of appeal with the chief administrative o섀䤽cer. The
notice shall set forth the speci䄭Іc grounds on which the appeal is based. The council shall hold a hearing
on the appeal within thirty (30) days after the proper 䄭Іling of the notice or at a time thereafter agreed
upon by the city and the appellant. At the hearing, the appellant or his authorized representative shall
have the right to present evidence and a written or oral argument, or both, in support of his appeal. The
determination of the council shall be 䄭Іnal.
Any organization whose permit is suspended or revoked under Section 4.12.25 of this chapter shall not
conduct any bingo game in the city unless and until such time as the council, on appeal, determines to
overrule the decision of the chief of police.
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A.
B.
C.
D.
A permittee whose permit is 䄭Іnally revoked may not again apply for a permit to conduct bingo games in
the city for a period of one year after the date of revocation, except if the sole grounds for revocation is
cancellation of the exemption granted under subsection (d) of Section 23701 of the Revenue and
Taxation Code of the state or loss of charitable status under subsection (2) of subsection (c) of Section
170 of the Internal Revenue Code of 1954 of the United states, in which case the former permittee may
apply for a new permit upon the reinstatement of its exemption and the resumption of its charitable
status.
(Prior code § 4-12.26)
4.12.270 - Filing of annual reports.
During the term of the permit, each nonpro䄭Іt charitable organization which has been issued a permit
shall 䄭Іle a report with the city clerk at the end of the 䄭Іscal year which report shall contain the following
information:
Any changes in, or additions to, the information required under Section 4.12.190 of this chapter;
The total amount of money received from the operation of bingo games in the previous 䄭Іscal year;
The total amount paid out in prizes; and
The detailed costs to the organization for the operation of the bingo games.
(Prior code § 4-12.27)
4.12.280 - Permits nontransferable.
Permits granted under this chapter shall not be transferable, either as to the permit or the location. Any
attempt to transfer a permit shall render the permit in question invalid.
(Prior code § 4-12.28)
4.12.290 - City may enjoin violations.
The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of
the Penal Code of the state or of this chapter.
(Prior code § 4-12.29)
4.12.300 - Provisions supplementary to state laws.
The provisions of this chapter are not intended to con섃Ⰰict with, but shall supplement, all the laws of the
state relating to lotteries, gambling, or gaming.
(Prior code § 4-12.30)
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Print
Palo Alto Municipal Code
Chapter 4.51
BINGO GAMES
Sections:
4.51.010 Purpose and authority.
4.51.020 Bingo defined.
4.51.030 Organizations permitted to conduct bingo games.
4.51.040 Applications.
4.51.050 Minors.
4.51.060 Where bingo may be conducted.
4.51.070 Open to the public.
4.51.080 Staffing and operation.
4.51.090 Financial interest.
4.51.100 Separate fund.
4.51.110 Physical presence at bingo game required.
4.51.120 Total value of prizes.
4.51.130 Time of operation.
4.51.140 Authority to inspect.
4.51.150 Notice to police.
4.51.160 Individual license requirements.
4.51.170 Term and transferability of licenses.
4.51.180 Grounds for disciplinary action.
4.51.190 Attendance limited to occupancy capacity.
4.51.200 Size of game.
4.51.210 Wage, profit or salary.
4.51.220 Annual report.
4.51.230 Prohibited locations.
4.51.240 Equipment.
4.51.250 Required parking.148
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4.51.010 Purpose and authority.
This chapter is enacted pursuant to Article IV, Section 19(c), and Article XI, Sections 5 and 7 of the
Constitution of the state, and Section 326.5 of the California Penal Code, or successor legislation, as the
same may be amended from time to time.
(Ord. 2969 § 1 (part), 1977)
4.51.020 Bingo defined.
As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis of
designated numbers or symbols on a card which conform to numbers or symbols selected at random.
(Ord. 2969 § 1 (part), 1977)
4.51.030 Organizations permitted to conduct bingo games.
No person, organization or other legal entity shall conduct, share in the profits from, authorize, supervise,
promote, or provide any service to a bingo game within the city, with or without compensation, except
under license from the chief of police, as provided in this chapter. Only an organization furnishing a
certificate or other formal indicia from the California Franchise Tax Board and the United States Internal
Revenue Service stating that such organization is exempted from the payment of the bank and corporation
tax by Section 23701d of the Revenue and Taxation Code and a contribution or gift to which would be a
charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954 is entitled to apply
for such a license.
(Ord. 2969 § 1 (part), 1977)
4.51.040 Applications.
All applications and other proceedings shall be made to the chief of police, between eight a.m. and five
p.m. Monday through Friday, except holidays, pursuant to and subject to Chapter 4.04. Any license which
is issued shall be subject to this chapter, in addition to any requirements or conditions of Chapter 4.04 and
the laws of the state of California.
(Ord. 2969 § 1 (part), 1977)
4.51.050 Minors.
No minors shall be allowed to participate in any bingo game.
(Ord. 2969 § 1 (part), 1977)
4.51.060 Where bingo may be conducted.
A nonprofit, charitable organization shall conduct a bingo game only on property owned or leased by it,
and which property is used by such organization for its principal office or for performance of the purposes
for which the organization is organized, on a regular, continual basis.
(Ord. 2969 § 1 (part), 1977)
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4.51.070 Open to the public.
All bingo games shall be open to the public, not solely to the members of the nonprofit charitable
organization.
(Ord. 2969 § 1 (part), 1977)
4.51.080 Staffing and operation.
A bingo game shall be operated and staffed only by licensed members of the nonprofit charitable
organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo
game. Only the organization authorized to conduct a bingo game shall operate such game, or participate in
the promotion, supervision or any other phase of such game.
(Ord. 2969 § 1 (part), 1977)
4.51.090 Financial interest.
No individual, corporation, partnership, or other legal entity except the organization authorized to
conduct a bingo game shall hold a financial interest in the conduct of such bingo game.
(Ord. 2969 § 1 (part), 1977)
4.51.100 Separate fund.
All profits derived from a bingo game shall be kept in a special fund or account and shall not be
commingled with any other fund or account.
(Ord. 2969 § 1 (part), 1977)
4.51.110 Physical presence at bingo game required.
No person shall be allowed to participate in a bingo game, unless the person is physically present at the
time and place in which the bingo game is being conducted.
(Ord. 2969 § 1 (part), 1977)
4.51.120 Total value of prizes.
The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred
fifty dollars in cash or kind, or both, for each separate game which is held.
(Ord. 2969 § 1 (part), 1977)
4.51.130 Time of operation.
Bingo games shall be conducted only during the hours of noon to eleven p.m. No organization may
conduct, authorize, supervise, promote, or share in the profits from a bingo game more than one day in any
sevenday period.
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(Ord. 2969 § 1 (part), 1977)
4.51.140 Authority to inspect.
The chief of police or his designee shall have the authority to inspect the premises and records of a
licensee relating to bingo games at any reasonable time, including, but not limited to, times during which
games are being conducted, to insure that the operation of bingo games does not constitute a violation of
California or United States law or of this code. All records relating to bingo games shall be maintained for
at least three years. Failure to permit such inspection upon reasonable notice shall be grounds for
revocation or suspension of the license.
(Ord. 2969 § 1 (part), 1977)
4.51.150 Notice to police.
Not less than twentyfour hours in advance of the scheduled commencement time of any bingo game, the
licensee shall notify the Palo Alto police department that such game will be conducted. Any licensee may
file a written statement with the department specifying fixed days and times upon which bingo games shall
be conducted, and the day or time of bingo games shall not be changed from that shown on the written
notice without an amended written notice being filed with the department, or the alternative means of
compliance specified in this section.
(Ord. 2969 § 1 (part), 1977)
4.51.160 Individual license requirements.
(a) Each applicant for an individual license shall state the name, date of birth, and such other
information required by the chief of police. No licensee shall be permitted to play in a bingo game for
which the license is issued.
(b) Fees for the issuance or renewal of the license required in this chapter shall be as specified in the
municipal fee schedule.
(Ord. 2969 § 1 (part), 1977)
4.51.170 Term and transferability of licenses.
Any license issued under this chapter shall not be transferable. Licenses shall be good for one year from
the date of issuance, or until suspended or revoked.
(Ord. 2969 § 1 (part), 1977)
4.51.180 Grounds for disciplinary action.
In addition to those grounds specified in Chapter 4.04, or the laws of the state of California, applications
may be denied, suspended or revoked whenever the licensee, applicant, or any person listed under Section
4.51.160 has been convicted of any public offense involving bingo, or enjoined from violation thereof, or
has within the last five years been convicted of any crime involving lotteries, gambling, larceny, perjury,
bribery, extortion, fraud, or similar criminal offense.
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(Ord. 2969 § 1 (part), 1977)
4.51.190 Attendance limited to occupancy capacity.
Notwithstanding the requirement that any bingo game be open to the public, attendance at any bingo
game shall be limited to the occupancy capacity of the room in which such game is conducted, as
determined by the fire chief of the city and the building official in accordance with applicable laws and
regulations. Seats or spaces shall not be reserved for any person except for the handicapped. All applicable
provisions of the municipal code relating to health, safety and general welfare shall be met by licensee
before conducting a bingo game.
(Ord. 2969 § 1 (part), 1977)
4.51.200 Size of game.
No bingo game shall be conducted except in a room wherein the persons drawing and calling out the
letters and numbers are visible to every person playing the game without the aid of mechanical devices. No
mechanical device shall be used to transmit the image or voice of the person drawing or calling the
numbers, or the numbers themselves, to any room other than the room in which the game is being played.
(Ord. 2969 § 1 (part), 1977)
4.51.210 Wage, profit or salary.
It is a misdemeanor under Section 326.5(b) of the Penal Code of the state for any person to receive a
profit, wage or salary from any bingo game authorized under this chapter. A violation of said provision is
punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of
the city.
(Ord. 2969 § 1 (part), 1977)
4.51.220 Annual report.
Each organization licensed to conduct a bingo game shall file with the police chief of the city, not later
than thirty days after the close of its fiscal year, or the expiration, suspension or revocation of the license
issued under this chapter, whichever occurs earlier:
(a) Detailed financial report containing any changes in the information previously furnished to the city
for issuance of the license, or otherwise;
(b) The total amount of money received from the operation of bingo games during the period covered;
(c) The total amount paid out in prizes, detailed costs to the organization for the operation of bingo
games; and
(d) Such other information as may be required or requested by the city manager.
All of said information is subject to audit at such reasonable times and places as may be requested by the
city auditor. Any expenses for such audit, whether conducted by the city auditor or a contractor or other
designee working under his direction, shall be the responsibility of the licensee.
(Ord. 3514 § 23, 1984: Ord. 3507 § 23, 1984: Ord. 2969 § 1 (part), 1977)
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4.51.230 Prohibited locations.
No license for a bingo game may be issued to any organization or for any premises in which there is any
type of license for the sale or consumption of alcoholic beverages, except a club defined under Section
23423 of the California Business and Professions Code or successor legislation, on condition that no
alcoholic beverage be sold or consumed in the room in which bingo games are played during such games,
or any license issued under Chapters 4.46, 4.52, 4.54, or 4.55.
(Ord. 2969 § 1 (part), 1977)
4.51.240 Equipment.
All equipment used in any bingo game shall be owned free and clear by the organization sponsoring the
game.
(Ord. 2969 § 1 (part), 1977)
4.51.250 Required parking.
The number of persons permitted to play any bingo game in the R1 zone shall not exceed the number of
offstreet parking spaces provided by the licensee multiplied by three, irrespective of whether the
occupancy limit of the room in which bingo games are played is greater. The number of persons permitted
to play any bingo game shall be noted upon the license. The licensee shall have the affirmative duty to
require players to use the offstreet parking, and may deny admission to the game for any person not so
complying.
(Ord. 2969 § 1 (part), 1977)
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