HomeMy WebLinkAbout09-07-2016 City Council agenda packet
SARATOGA CITY COUNCIL
REGULAR MEETING
SEPTEMBER 07, 2016
4:00 P.M. CLOSED SESSION
Joan Pisani Community Center Conference Room, City Hall | 19655 Allendale Avenue,
Saratoga, CA 95070
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957)
Title: City Attorney
5:00 P.M. COMMISSION INTERVIEWS
Joan Pisani Community Center Conference Room, City Hall | 19655 Allendale Avenue,
Saratoga, CA 95070
Time Name Commission Incumbent
5:05 p.m. Terence E.
Ward
Parks & Recreation 1 Term (10/1/2016-9/30/2020) Yes
5:10 p.m. Karen Burley Library 1 Term (10/1/2016-9/30/2020)
1 Partial Term (10/1/2016-
9/30/2018)
No
5:15 p.m. Anandi
Krishnamurthy
Library 1 Term (10/1/2016-9/30/2020)
1 Partial Term (10/1/2016-
9/30/2018)
No
5:30 P.M. STUDY SESSION
Saratoga Senior Center Saunders Room, City Hall | 19655 Allendale Avenue, Saratoga, CA
95070
Study Session with the Traffic Safety Commission on Public Safety.
7:00 P.M. REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
Saratoga City Council Agenda – Page 1 of 5
REPORT ON POSTING OF AGENDA
The agenda for this meeting was posted on September 2, 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
1. CONSENT CALENDAR
The Consent Calendar contains items of routine business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on August 17,
2016.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
08/16/2016 Period 13; 08/16/2016 Period 2; 08/23/2016 Period 2; and 08/30/2016 Period 2.
1.3. Treasurer’s Report for the Month Ended June 30, 2016
Recommended Action:
Review and accept the Treasurer’s Report for the month ended June 30, 2016.
1.4. Parker Ranch Trail Easement Dedication
Recommended Action:
Approve Resolution accepting Offer to Dedicate Pedestrian and Equestrian Trail Easement
from Parker Ranch HOA and authorize the City Manager to sign the Certificate of
Acceptance.
2. PUBLIC HEARING
Items placed under this section of the Agenda are those defined by law as requiring a
special notice and/or a public hearing or those called by the City Council on its own
volition. During Public Hearings for appeals, Applicants/Appellants and/or their
representatives have a total of ten (10) minutes maximum for opening statements. Members
of the public may comment on any item for up to three (3) minutes. The amount of time for
public comment may be reduced by the Mayor or by action of the City Council. After public
comment, the Applicant/Appellants and/or their representatives have a total of five (5)
Saratoga City Council Agenda – Page 2 of 5
minutes maximum for closing statements. Items requested for continuance are subject to the
City Council's approval at the Council Meeting.
2.1. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 38 (Paramount) and Confirmation of
Assessments for FY 17-18
Recommended Action:
Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and
Assessments for Zone 38 FY 2017-18.
2.2. Approval of Prospect Road Median Beautification and Improvements Project
Recommended Action:
Adopt resolution approving the Prospect Road Median Beautification and Improvements
Project and authorizing the City Manager to file with the County of Santa Clara a Notice of
Exemption from the California Environmental Quality Act (CEQA).
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Hakone Gardens Naming Opportunities
Recommended Action:
Approve Naming Opportunities for New Buildings and Gardens at Hakone
4.2. Village Policy Update Work plan
Recommended Action:
Authorize staff to implement the Village Policy Update Work Plan
4.3. Amendments to the City's Williamson Act Procedures.
Recommended Action:
Approve the resolution amending the City's Williamson Act procedures.
4.4. City Manager Annual Performance Pay Increase
Recommended Action:
Approve City Manager’s annual performance pay increase of 2%, effective July 1, 2016.
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
Saratoga City Council Agenda – Page 3 of 5
Public Art Adhoc
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 Adhoc
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, Debbie Bretschneider, Deputy 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 September 2,
2016 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's
website at www.saratoga.ca.us.
Signed this 2nd day of September 2016 at Saratoga, California.
Debbie Bretschneider, Deputy 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.
Saratoga City Council Agenda – Page 4 of 5
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]
09/07 Regular Meeting – 4:00 p.m. Closed Session, 5:00 p.m. Commission Interviews,
5:30 p.m. Joint Study Session with Traffic Safety Commission
09/21 Regular Meeting –5:00 p.m. Joint Meeting with Youth Commission, 6:00 p.m.
Joint Meeting with SASCC
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, 5:30 p.m.
Joint Meeting with Sheriff’s Office
11/02 Regular Meeting – 5:30 p.m. Closed session 6:00 p.m. Joint Meeting with West
Valley – Mission Community College Board of Trustees
11/16 Regular Meeting – 5:00 p.m. Commission Interviews, 6:00 p.m. 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
Saratoga City Council Agenda – Page 5 of 5
SARATOGA CITY COUNCIL
MEETING DATE:September 7, 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 August 17, 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 August 17, 2016
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Saratoga City Council Agenda – Page 1 of 7
MINUTES
WEDNESDAY, AUGUST 17, 2016
SARATOGA CITY COUNCIL REGULAR MEETING
At 4:30 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 Saratoga Chamber of Commerce and
Destination Saratoga.
At 7:06 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
Kate Bear, City Arborist
Christopher Riordan, Senior Planner
Sung Kwon, Senior Planner
Sandy Baily, Special Projects Manager
REPORT ON POSTING OF AGENDA
City Clerk Crystal Bothelio reported that the agenda for this meeting was posted on August 12,
2016.
REPORT FROM CLOSED SESSION
Mayor Cappello announced that Closed Session was continued to take place after the regular
session.
REPORT FROM JOINT MEETING
Tiger Teerlink, Saratoga Chamber of Commerce Vice President, and Markus Breitbach, Saratoga
Chamber of Commerce President Elect, provided a summary of the Joint Meeting with the
Chamber. They reviewed some of the Chamber’s events and upcoming activities.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mary Robertson requested signage in City parks, particularly those that are near State Route 85,
which requests that drones operated in City parks only be flown within the confines of a City
park to avoid drones flying into roadways or properties adjacent to parks.7
Saratoga City Council Agenda – Page 2 of 7
Christopher Kinn raised concerns regarding temporary off-site real estate signage left out after
sunset.
Sankaran Suresh spoke about water conservation restrictions, the San Jose Water Company
drought surcharge, and requested a future City Council item on water rates/drought surcharge.
Council Member Bernald requested signage installation in City parks regarding use of drones.
Council Member Kumar noted that there is some legislation at the State level regarding drones
and privacy concerns.
Council Member Miller and Vice Mayor Lo requested a City Council newsletter item on policy
initiatives at the State and Federal level.
ANNOUNCEMENTS
Council Member Kumar announced College Applications Demystified for high school seniors on
August 28, 2016. He then commented upon recent crime trends, surveillance cameras, City
Council direction to the Traffic Safety Commission to identify some strategies for reducing
crime and increasing awareness, and Neighborhood Watch. Council Member Kumar then
discussed drought conditions, water rate increases and drought surcharges, efforts to reduce
water use, the role of the Santa Clara Valley Water Commission, and methods for increasing
water unit allocations, filing complaints with the Public Utilities Commission, and requesting
water rate assistance.
Council Member Miller commented on efforts over the last 3 years to address property crime,
Council Member Kumar’s initiative to help residents launch Neighborhood Watch Groups, and
upon the City Council’s meeting with the Traffic Safety Commission on September 7 to further
discuss reducing crime rates.
Vice Mayor Lo also commented in the importance of public safety.
Mayor Cappello concurred with Council Member Miller and spoke about the Council’s direction
to the Traffic Safety Commission regarding crime prevention. He then made announcements
regarding the annual summer Movie Night Series ending on August 19, 2016, and the three
events in August and September to introduce Captain Rich Urena with the Sheriff’s Office to the
community, and presented a certificate of appreciation from Relay for Life.
CEREMONIAL ITEMS
Commendation Honoring Christopher Riordan
Recommended Action:
Present the commendation honoring Christopher Riordan’s military service.
Mayor Cappello presented the commendation to Christopher Riordan.
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Saratoga City Council Agenda – Page 3 of 7
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on July 6, 2016.
MILLER/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
THE REGULAR CITY COUNCIL MEETING ON JULY 6, 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:
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.
MILLER/BERNALD MOVED TO 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. MOTION PASSED.
AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
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.
ORDINANCE NO. 341
MILLER/BERNALD MOVED TO ADOPT THE ORDINANCE AMENDING
ARTICLE 4-90 TOBACCO RETAILER LICENSE AND ARTICLE 7-35
REGULATION OF SMOKING IN CERTAIN PLACES. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
2.PUBLIC HEARING
None
3.OLD BUSINESS
None
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Saratoga City Council Agenda – Page 4 of 7
4.NEW BUSINESS
4.1. Active Lifestyles Discussion
Recommended Action:
Receive report.
Public Works Director John Cherbone provided a staff report.
Mayor Cappello invited public comment on the item.
The following person requested to speak:
Jim Stallman, Chair of the Pedestrian, Equestrian, and Bicycle Trails Advisory Committee
No one else requested to speak.
LO/BERNALD MOVED TO DIRECT STAFF TO PLACE DISCUSSION ON
UPDATES TO THE GENERAL PLAN CIRCULATION AND OPEN SPACE
ELEMENTS ON THE 2017 CITY COUNCIL RETREAT AGENDA; TO EXPLORE
OPPORTUNITIES TO EXPAND THE YOUTH COMMISSION’S WALK ONE
WEEK PROGRAM TO ENCOURAGE ALL RESIDENTS TO WALK TO VARIOUS
DESTINATIONS THROUGHOUT THE CITY; AND CONDUCT AN ASSESSMENT
ON INCREASING CONNECTIVITY BETWEEN THE CITY’S 3 COMMERCIAL
AREAS.
Council Member Kumar suggested that making trail and bike paths available through a
mobile-friendly interface.
LO/BERNALD AMENDED THE MOTION TO DIRECT STAFF TO PLACE
DISCUSSION ON UPDATES TO THE GENERAL PLAN CIRCULATION AND
OPEN SPACE ELEMENTS ON THE 2017 CITY COUNCIL RETREAT AGENDA;
TO EXPLORE OPPORTUNITIES TO EXPAND THE YOUTH COMMISSION’S
WALK ONE WEEK PROGRAM TO ENCOURAGE ALL RESIDENTS TO WALK
TO VARIOUS DESTINATIONS THROUGHOUT THE CITY; CONDUCT AN
ASSESSMENT ON INCREASING CONNECTIVITY BETWEEN THE CITY’S 3
COMMERCIAL AREAS; AND MAKE TRAIL AND BIKE PATHWAY MAPS
AVAILABLE THROUGH A MOBILE INTERFACE. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
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.
City Manager James Lindsay presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.10
Saratoga City Council Agenda – Page 5 of 7
Tom Moran, KSAR Board President, addressed questions from the City Council.
MILLER/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
A NEW FIVE YEAR AGREEMENT WITH THE SARATOGA COMMUNITY
ACCESS TELEVISION FOUNDATION. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
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.
Crystal Bothelio, City Clerk/Assistant to the City Manager, provided a staff report.
City Attorney Richard Taylor addressed questions from the City Council.
Mayor Cappello invited public comment.
The following person requested to speak:
Tylor Taylor, Executive Director of the Saratoga Area Senior Coordinating Council
No one else requested to speak.
MILLER/LO MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE THAT
WOULD ALLOW ORGANIZATIONS ELIGIBLE BY STATE LAW, INCLUDING
CHARITABLE ORGANIZATIONS, TO HOLD BINGO EVENTS.
Council Member Bernald suggested that the ordinance only allow Saratoga-based charitable
organizations to hold bingo events for the purpose of fundraising.
MILLER/LO ACCEPTED THE AMENDMENT AND MOVED TO DIRECT STAFF TO
PREPARE AN ORDINANCE THAT WOULD ALLOW SARATOGA-BASED NON-
PROFIT ORGANIZATIONS TO HOLD BINGO EVENTS OUTSIDE OF
COMMERCIAL DISTRICTS.
Mayor Cappello suggested that the ordinance set time limits and require a permit process
and annual reporting for organizations permitted to hold bingo games.
Council Member Kumar raised concerns about requiring a permit as it could be onerous.
MILLER/LO ACCEPTED THE AMENDMENT AND MOVED TO DIRECT STAFF TO
PREPARE AN ORDINANCE THAT WOULD ALLOW SARATOGA-BASED
CHARITABLE ORGANIZATIONS QUALIFIED UNDER STATE LAW TO HOLD
BINGO EVENTS AND TO REQUIRE SUCH EVENTS TAKE PLACE OUTSIDE OF
COMMERCIAL DISTRICTS DURING REASONABLE HOURS SUBJECT TO A
SIMPLE ONLINE PERMIT PROCESS AND ANNUAL REPORTS REGARDING
DATES AND PROCEEDS OF THE EVENTS, INCLUDING USAGE OF THE
PROCEEDS.MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
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Saratoga City Council Agenda – Page 6 of 7
Mayor Cappello introduced Santa Clara County Sheriff’s Office Captain Rich Urena.
Captain Rich Urena addressed the City Council.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County – the Board received a presentation from the County’s
representative on aging on steps to become an age-friendly city through the World Health
Organization. Saratoga has already achieved this status. There were also presentations on several
measures, including Prop 53. If passed, it would require a statewide vote on certain local
infrastructure projects. The Board unanimously opposed Prop 53. The also unanimously
supported Measure A, which would fund a bond of $950 million for low income housing projects
and programs. Additionally, former San Jose Mayor Chuck Reed shared information on Silicon
Valley Talent Partnership.
West Valley Mayors and Managers – the next meeting is on August 18 and John Tang with San
Jose Water Company will be at the meeting to address questions from the group. Additionally,
the group will discuss upcoming ballot measures.
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee – the board will be meeting on August 18.
Additionally, work is moving forward on a master plan brochure that is expected to be released
during the Centennial Gala.
Council Member Mary-Lynne Bernald
FAA Select Committee on South Bay Arrivals – there have been 3 meetings over the summer and
another on August 18, which will include discussion of the flight paths that impact Saratoga the
most.
Saratoga Historical Foundation – the recent Estate Sale raised more than $3,000. There were so
many items donated that a second sale is now planned for October. Additionally, the Foundation
will be holding an Open House in conjunction with the anniversary parade – a display on the first
100 years of Saratoga’s history will be on display.
Council Member Howard Miller
Silicon Valley Clean Energy Authority Board of Directors – the executive committee has been
meeting every two weeks over the summer to launch the organization and establish financing. It
appears that it may not be necessary for the participating cities to make bridge loans. A location
for the Authority offices is still being identified. It appears that the program will be rolled out to
all customers by November 2017. The Board is also intending to offer an energy option that is
100% greenhouse gas emission free and less expensive than rates offered by PG&E.
VTA Board West Valley Cities Alternate – John Ristow with VTA recently announced that he
will be retiring.
Council Member Rishi Kumar
Council Member Kumar provided an overview of his meeting with a group of residents and
representatives of San Jose Water Company and Santa Clara Valley Water District regarding
water rates and drought surcharges.
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Saratoga City Council Agenda – Page 7 of 7
CITY COUNCIL ITEMS
Council Member Kumar requested an agenda item on citizen concerns related to water rates and
a second item on reducing crime.
Council Member Miller suggested that staff provide a report on how water rates are set and what,
if any, jurisdiction the City has regarding rates. He also requested additional information via the
Council Newsletter on options residents have to change rates due to economic hardship, request
an increase in water allocations, and appeal or file complaints with the Public Utilities
Commission.
Council Member Miller also noted that the City Council will be holding a study session with the
Traffic Safety Commission on September 7, 2016 to review the Traffic Safety Commission’s
recommendations related to crime prevention, as directed by the City Council. He also proposed
that the City Council’s joint meeting with the Santa Clara County Sheriff’s Office on October 19,
2016 be turned into a meeting for the City’s Neighborhood Watch groups.
The City Council agreed to schedule the September 7, 2016 study session for 5:30 p.m. and to
hold the meeting in a larger room.
Council Member Miller proposed that the City Council consider an ordinance requiring locking
mailboxes that meet Post Office regulations for new residential construction.
Council Member Kumar supported the request.
City Manager James Lindsay concurred that the ordinance would be brought to the City Council
at a future meeting.
CITY MANAGER'S REPORT
None
ADJOURNMENT
Mayor Cappello indicated that the City Council would be returning to Closed Session in the
Administrative Conference Room and would adjourn the meeting from there.
Minutes respectfully submitted:
Crystal Bothelio, City Clerk
City of Saratoga
13
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:
8/16/2016 Period 13
8/16/2016 Period 2
8/23/2016 Period 2
8/30/2016 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 #
8/16/16 131460 131467 8 93,801.57 08/16/16 08/09/16 131459
8/16/16 131468 131518 51 91,565.38 08/16/16 0816/16 131467
Accounts Payable 8/23/16 131519 131574 56 878,980.80 08/23/16 08/16/16 131518
8/30/16 131575 131613 39 102,870.97 08/30/16 08/23/16 131574
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
08/16/16 131464 PW 34,409.39
08/16/16 131467 Various 34,222.28
08/23/16 131540 PW 335,537.57
08/23/16 131542 General CDD Bond Release 25,900.00
08/23/16 131556 SCC Office of the Sheriff General PS 431,347.75
08/30/16 131605 San Jose Water Company PW 25,687.42
Accounts Payable checks voided during this time period:
AP Date Check #Amount
08/02/16 131331 Void check 4,650.55
08/16/16 131462 Void check 17,755.71
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Prior Check Register
Checks
Released
Total
Checks Amount
New Contract
New Contract
Goldsilverisland Properties
Shute Mihaly & Weinberger General
Issued to
2016 PMP ProjectG. Bortolotto & Company Gas Tax Fund
KSAR
KSAR
Law Enforcement
Reason Status
Water (Utility)Various
PREPARED BY:
Ending
Check #
Accounts Payable
Type of Checks Date Starting Check #
Accounts Payable
Accounts Payable
SARATOGA CITY COUNCIL
MEETING DATE:September 7, 2016
DEPARTMENT:Finance & Administrative Services
Matt Novakovich
Fund Purpose
Orchard MaintenanceGeneral
Legal
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SARATOGA CITY COUNCIL
MEETING DATE: September 7, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended June 30, 2016
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended June 30, 2016.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of June 30, 2016, the City had $241,613 in cash deposit at Comerica bank, and $21,668,592 on deposit
with LAIF. Council Policy on Working Capital Reserve Funds, adopted on April 20, 1994, states that: for
cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be
allowed to fall below $2,000,000. The total pooled cash balance as of June 30, 2016 is $21,910,205 and
exceeds the minimum limit required.
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Unrestricted Cash
Comerica Bank 241,613$
Deposit with LAIF 21,668,592$
Total Unrestricted Cash 21,910,205$
Cash Summary
31
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as
follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point
of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains binding unless removed in
the same manner; “assigned fund balance”, resources that reflects a government’s intended use of
resources, such intent would have to be established at either the highest level of decision making, by a body,
or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what
can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves
fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 21,910,205$
Plus: Assets 1,612,229
Less: Liabilities (3,496,642)
Ending Fund Balance 20,025,792$
Adjusting Cash to Ending Fund Balance
32
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/15
Increase/
(Decrease)
Jul-May
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
6/30/16
General Fund
Restricted Fund Balances:
Environmental Services Reserve 363,182 - - - - - 363,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 1,657,896 - - - 120,000 1,777,896 -
Facility Reserve 900,000 - - - - - 900,000
Carryforwards Reserve 176,560 - - - - - 176,560
Unassigned Fund Balances: -
Working Capital Reserve 2,007,545 - - - - - 2,007,545
Fiscal Stabilization Reserve 1,000,000 - - - - - 1,000,000
Development Services Reserve 713,891 - - - - 60,000 653,891
Compensated Absences Reserve 208,167 - - - - - 208,167
Other Unassigned Fund Balance Reserve (Pre YE distributio n 1,779,490 2,448,284 2,506,735 2,368,951 116,918 179,760 4,302,716
General Fund Total 9,806,731 2,448,284 2,506,735 2,368,951 236,918 2,017,656 10,612,061
Special Revenue
Landscape/Lighting Districts 867,643 37,588 188,014 87,453 - - 1,005,792
Capital Project
Street Projects 1,041,388 (469,398) 36,441 56,487 1,843,828 836,691 1,559,081
Park and Trail Projects 888,565 - 14,411 328,380 190,620 471,639
Facility Projects 347,618 (169,072) 6,402 34,690 153,896 58,516 245,638
Administrative Projects 367,869 (95,598) 102,291 36,327 329,462 - 667,698
Tree Fund Projects 56,248 (13,386) 51,880 641 - - 94,100
Park In-Lieu Fees Projects 276,753 94,512 124,200 - 81,000 50,000 526,465
CIP Grant Street Projects 8,294 (106,549) 177,719 54,155 - - 25,310
CIP Grant Park & Trail Projects 17,427 3,779 - - - - 21,206
Gas Tax Fund Projects 854,615 396,912 112,949 228,549 606,728 606,728 1,135,927
CIP Fund Total 3,858,778 (358,799) 611,882 425,259 3,343,293 1,742,555 4,747,065
Debt Service
Library Bond 906,600 (358,450) 374,801 - - - 922,952
Internal Service Fund
Liability/Risk Management 291,263 (42,444) 82,241 29,865 - - 301,196
Workers Compensation 314,525 (50,890) 44,152 3,388 - - 304,400
Office Support Fund 75,075 9,176 14,148 2,227 - - 96,172
Information Technology Services 260,322 (55,728) 119,693 50,064 - - 274,223
Equipment Maintenance 115,564 15,405 68,751 33,770 - - 165,949
Building Maintenance 268,326 (429) 225,787 122,969 - - 370,715
Equipment Replacement 649,498 (57,309) 35,208 15,689 - - 611,708
Technology Replacement 194,101 67,726 31,250 18,739 - - 274,338
Building FFE Replacement - 111,628 50,000 2,406 180,000 - 339,222
-
Total City 17,608,426 1,765,760 4,352,663 3,160,781 3,760,211 3,760,211 20,025,792
33
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-May
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
6/30/16
Street Projects
Annual Street Resurfacing - 155,445 36,441 (2,640) 64,760 259,285 -
Annual Road Improvements - - - - 630,648 - 630,648
Residential Street Construction 243,612 (173,690) - 807 300,000 369,115 -
Roadway Maintenance and Repairs - (349,852) - 22,902 375,000 2,247 -
Roadway Safety & Traffic Calming 27,114 (16,766) - 8,774 50,000 - 51,573
Highway 9 Safety Project - Phase IV 121,019 (869) - - - - 120,149
Beaumont Traffic Circle - - - - 30,000 - 30,000
Village LED Streetlights 5,007 (172) - - - - 4,835
Annual Sidewalks Project 46,702 (51,970) - 4,182 50,000 40,550 -
Annual Storm Drain Upgrade 9,352 (54,437) - - 50,000 4,915 -
CRB & Gutter Maintenance and Repair - (38,100) - - 50,000 11,900 -
Annual Infrastructure Maintenance& Repair - - - - 88,517 - 88,517
Village-Streetscape Improvements 25,059 - - - 25,059 -
Village Sidewalk Curb & Gutter Construction - Phase II 85,281 (47,556) - 19,301 - - 18,424
EL Camino Grande SD Pump 150,000 (4,125) - 2,888 - - 142,988
Saratoga Hills SD Pump - (12,435) - - 44,000 31,565 -
Storm Drain Capture Device 30,000 - - - - - 30,000
Wildcat Creek Outfall 40,000 - - - - - 40,000
Fourth Street Bridge 100,000 - - - - - 100,000
Quito Road Bridge Replacement Design 59,500 129,188 - - 15,023 45,880 157,830
Bridge Maintenance & Repairs - (3,825) - - 50,000 46,175 -
Quito Road Bridge - ROW ACQ - (233) - 274 45,880 - 45,373
Underground Project 98,744 - - - - - 98,744
Total Street Projects 1,041,388 (469,398) 36,441 56,487 1,843,828 836,691 1,559,081
Parks & Trails Projects
Park/Trail Repairs 67,929 (3,555) - - 312 64,068 618
Park Pathway Repairs - (50,000) - - 50,000 - -
Sustainable Landscaping - (12,000) - 4,908 89,068 - 72,160
Hakone Garden Matching Funds 193,991 (94,143) - 3,299 - - 96,548
Hakone Garden Upper Moon House 125,000 - - 2,565 - - 122,435
Quarry Park Plan Implement 290,768 (376,818) - 3,638 90,000 312 -
Quarry Park Row Acquisition 100,000 - - - - - 100,000
Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997
Guava/Fredericksburg Entrance 45,880 - - - - - 45,880
Saratoga Village Creek Trail - Design 31,000 (3,760) - - 18,000 45,241 -
Saratoga Village Creek Trail - Construction - - - - 81,000 81,000 -
Total Parks & Trails Projects 888,565 - 14,411 328,380 190,620 471,639
Facility Projects
Facility Projects 43,500 (43,500) - - - - -
Security Locks 53,007 (29,629) - 3 - - 23,375
City Hall Emergency Power Backup 325 (325) - - - - -
Master Switch - Electrical Board 73,498 (73,038) - - - 460 -
ENG/CDD Window Replacement - (16,241) - 21,522 40,000 - 2,237
Civic Theater Improvements 87,882 9,542 6,402 13,165 - - 90,661
Civic Theater Master Plan Improvements 64,900 (14,885) - - - 50,015 -
Pre-School Playground Structure 10,458 (5,996) - - - 4,462 -
SPCC Furniture & Fixtures - - - - 13,896 - 13,896
McWilliams House Improvements - Phase II 3,578 - - - - 3,578 -
Library Building Exterior Maintenance Projects 10,470 5,000 - - - - 15,470
LIBRARY - EV FC STATION - - - - 100,000 - 100,000
Total Facility Projects 347,618 (169,072) 6,402 34,690 153,896 58,516 245,638
34
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-May
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
6/30/16
Administrative Projects
Financial System Upgrade 3,534 - - 3,534 - - -
COMB Document Imaging Project 57,894 (12,497) - 1,425 - - 43,972
City Website/Intranet - (5,591) - - 75,000 - 69,409
Development Technology 22,928 18,894 2,291 - - - 44,113
Trak-It Software Upgrade - (17,092) - 175 60,000 - 42,733
LLD Initiation Match Program 49,000 - - 25,000 - - 24,000
Horseshoe Beautification 25,000 - - - - - 25,000
General Plan Update 100,000 - 100,000 - - - 200,000
Village Façade Program 20,321 - - 4,570 - - 15,751
Village Specific Plan Update - (51,264) - 1,131 100,000 - 47,606
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 64,192 (28,047) - 492 54,462 - 90,115
CIP ADMIN - UNALLOCATED - - - - 40,000 - 40,000
Total Administrative Projects 367,869 (95,598) 102,291 36,327 329,462 - 667,698
Tree Fund Projects
Citywide Tree Planting Program 33,248 (13,636) 51,880 641 - - 70,850
Tree Dedication Program 21,250 250 - - - - 21,500
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 56,248 (13,386) 51,880 641 - - 94,100
CIP Grant Street Projects
Prospect/Saratoga Median Improvement - (40) - - - - (40)
Citywide Signal Upgrade II (924) (41) - - - (965)
Saratoga Ave Sidewalk 9,218 (5,655) 22,753 - - - 26,316
Village Phase II - Construction - (100,812) 152,850 52,038 - -
Quito Road Bridge - ROW ACQ - - 2,116 2,116 - -
Total CIP Grant Street Projects 8,294 (106,549) 177,719 54,155 - - 25,310
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 4,618 3,779 - - - - 8,397
Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 17,427 3,779 - - - - 21,206
CIP Grant Facility Projects - - - - - - -
SC - Restroom ADA Upgrade - - 2,045 2,045 - - -
Total CIP Grant Facility Projects - - 2,045 2,045 - - -
Park In-Lieu Fees Projects
Quarry Park Plan Implement 153,888 (153,888) - - - - -
Saratoga Village Creek Trail - Design - - - - 31,000 31,000 -
Saratoga Village Creek - Construction 19,000 - - - - 19,000 -
Unallocated Park Fees 103,865 248,400 124,200 - 50,000 526,465
Total park In-Lieu Fees Projects 276,753 94,512 124,200 - 81,000 50,000 526,465
Gas Tax Fund Projects
Annual Street Resurfacing 108,068 498,753 112,949 180,798 33,878 572,850 -
Annual Roadway Improvements - - - - 572,850 - 572,850
Prospect/Saratoga OBAG Improvement 544,825 (101,831) - 47,750 - - 395,244
Citywide Signal Upgrade II 99,769 (10) - - - - 99,759
Arroyo de Arguello Storm Drain 33,878 - - - - 33,878 -
Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000
OBAG Big Basin Way S/WCG 20,990 - - - - - 20,990
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 854,615 396,912 112,949 228,549 606,728 606,728 1,135,927
Total CIP Funds 3,858,778 #VALUE! 611,882 425,259 3,343,293 1,742,555 4,747,065
35
ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH
36
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46 0.55
Quarterly Apportionment Rates
Local Agency Investment Fund
37
SARATOGA CITY COUNCIL
MEETING DATE:September 7, 2016
DEPARTMENT:Public Works
PREPARED BY:Iveta Harvancik, Senior Engineer
SUBJECT:Parker Ranch Trail Easement Dedication
RECOMMENDED ACTION:
1.Approve Resolution accepting Offer to Dedicate Pedestrian and Equestrian Trail
Easement from Parker Ranch HOA and authorize the City Manager to sign the Certificate
of Acceptance.
REPORT SUMMARY:
Parker Ranch Homeowners Association offered to dedicate a pedestrian and equestrian trail
easement to the City. This addition to the public trail system will connect existing Parker Ranch
trails to the new trail built earlier this year on Garrod Farms property as required by Garrod
Farms annexation conditions.
The Parker Ranch trail, if accepted, will provide vital connection from existing City trails in
Mount Eden area to Fremont Older Open Space trails operated by Midpeninsula Regional Open
Space District. It is therefore recommended the Council accept the trail easement and adopt
attached Resolution.
FOLLOW UP ACTION(S):
The Offer to Dedicate Trail Easement with Certificate of Acceptance will be recorded.
ATTACHMENTS:
Attachment A -Area Map
Attachment B -Offer to Dedicate Pedestrian and Equestrian Trail Easement
Attachment C -Resolution accepting the dedication
38
PROSPECT
RD.
H E I G H T S
R D .
C
T
.
W Y .
PROSPECT
S C E N I C
P A R K E R
S
T
A
R
O
A
K
SDIAMOND
RI
D
G
E
C
T.
C
O
M
E
R
CT.
C
H
I
Q
U
IT
A
C
T
.
FUTURELN.
E D E N C R E S T
MT.
TRAILDR.
MEADOW CT.
VILLA OAKS ROAD
OLD OAK
Q
U
A
R
R
Y
V
A
Q
U
E
R
O
W A Y
VIAEDEN RD.
C
T.
REGINA
DEER
P I C E A C T .
Existing City Trail Parker Ranch Open Space
New Trail/Trail EasementParker Ranch Open Space
Existing TrailsFremont Older Open Space
Existing City Trail Saratoga Country Club
Existing Trail Garrod Farms
±
Parker R anch Trail E asem ent Dedication
LegendExisting City Trails
New (Proposed) Trail and Trail Easement
Other Existing Public Trails (MidPen Trails)
Saratoga City Limit
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
RECORDING REQUESTED BY:
City of Saratoga
WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT
WHEREAS, the City of Saratoga (“City”) General Plan shows a proposed public
trail located on Parker Ranch Open Space identified as Parcel D, Tract Map of Tract 6528
Parker Ranch Unit 2 recorded May 3, 1982 in Book 499 Pages 35 through 41; and
WHEREAS, Parker Ranch Homeowners Association agreed to dedicate
Pedestrian and Equestrian Trail Easement to the City of Saratoga; and
WHEREAS, the Offer to Dedicate Pedestrian and Equestrian Trail Easement on
Open Space Parcel D of The Parker Ranch Tract 6528 including legal description and
plat plan of the Easement area was prepared in acceptable form and content; and
WHEREAS, the City Council has determined that the acceptance of the Offer to
Dedicate Trail Easement would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE
CITY OF SARATOGA hereby:
1. Accepts the Offer to Dedicate Pedestrian and Equestrian Trail Easement as
described hereinabove and attached hereto; and
2. Authorizes and directs City Clerk to record the Offer to Dedicate Pedestrian and
Equestrian Trail Easement.
The above and foregoing resolution was passed and adopted at a regular meeting of the
Saratoga City Council held on the 7th day of September, 2016 by the following vote:
AYES:
56
NOES:
ABSENT:
ABSTAIN:
______________________________
Manny Cappello, Mayor
ATTEST:
____________________________
Crystal Bothelio, City Clerk
57
SARATOGA CITY COUNCIL
MEETING DATE:September 7, 2016
DEPARTMENT:Public Works
PREPARED BY:Iveta Harvancik, Senior Engineer
SUBJECT:Landscaping & Lighting Assessment District LLA-1 -Public Hearing for
Proposition 218 Protest Election for the Annexation of a New Zone 38
(Paramount) and Confirmation of Assessments for FY 17-18
RECOMMENDED ACTION:
Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and
Assessments for Zone 38 FY 2017-18.
BACKGROUND:
Attached is the final Resolution, which requires adoption by the Council to complete the
Annexation of a New Zone 38 (Paramount) to District LLA-1 (Attachment 1). Once adopted,
the Resolution approves the Engineer’s Report and confirms the assessments for the upcoming
fiscal year for this Zone. The Council can consider the Resolution only after the close of the
Public Hearing.
Annexation of the new Zone to the District will provide a funding mechanism for the ongoing
maintenance, operation and servicing of landscaping, bioretention basins and pervious pavers on
each of the seven lots created by the approved subdivision at the terminus of Paramount Drive
(Tract No. 10325). This will assure compliance with National Pollutant Discharge Elimination
System (NPDES) permit.
Ballots were mailed to the property owners and subsequently submitted to the City Clerk. The
ballot asks the property owners to vote on the approval of a maximum assessment of $3,757.14
per parcel per fiscal year beginning July 1, 2017, along with a 5% maximum adjustment in
subsequent years.
Any increase in the assessment above this level will require further approval by property owners.
Because each property owner’s assessment would be the same, each property owner’s vote will
be weighted equally. Thus, the results of the balloting will be determined by a simple majority
of those voting.
58
If the number of votes received in opposition to the assessment proposal exceeds the number of
votes received in support thereof, the City will be legally obligated to abandon the Annexation.
Ballots may be submitted at the public hearing and must be received by the close of the Public
Hearing. If the Annexation is approved, Council is authorized to approve the resolution together
with the Engineer Report for the Paramount Annexation (Attachment B).
FOLLOW UP ACTION:
The assessment roll will be finalized and transmitted to the County Auditor by August 10, 2017
for placement on the upcoming tax roll.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The Resolution of Intention and Notice of Hearing have been published in a locally distributed
newspaper as prescribed by law and a ballot was mailed directly to the Paramount Court property
owners.
ATTACHMENTS:
Attachment A – Resolution Confirming Assessments – Paramount Annexation
Attachment B - Engineer’s Report – Paramount Annexation
59
1
RESOLUTION NO.
A RESOLUTION ORDERING
THE IMPROVEMENTS AND CONFIRMING
THE DIAGRAM AND ASSESSMENT
FISCAL YEAR 2017-2018
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-1
ANNEXATION OF A NEW ZONE (ZONE 38 – PARAMOUNT)
WHEREAS,on the 6th day of July, 2016, the City Council of the City of Saratoga
adopted its Resolution No. 16-044, "A Resolution Describing Improvements and Directing
Preparation of Engineer's Report for Fiscal Year 2016-2017" for the Annexation of a New Zone
to the City of Saratoga Landscaping and Lighting Assessment District LLA-1, pursuant to the
Landscaping and Lighting Act of 1972, and directed the City Assessment Engineer to prepare
and file with the Clerk of this City a written report called for under said Act and by said
Resolution No. 16-044; and
WHEREAS,said report was duly made and filed with the Clerk of said City, whereupon
said Clerk presented it to the City Council for its consideration; and
WHEREAS, said Council thereupon duly considered said report and each and every part
thereof and found that it contained all the matters and things called for by the provisions of said
Act and said Resolution No. 16-044, including (1) plans and specification of the existing
improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the
District; and (4) an assessment according to benefits; all of which were done in the form and
manner required by said Act; and
WHEREAS,said Council found that said report and each and every part thereof was
sufficient in every particular and determined that it should stand as the report for all subsequent
proceedings under said Act, whereupon said Council pursuant to the requirements of said Act,
appointed Wednesday, the 7th day of September, 2016 at the hour of 7:00 p.m. of said day in the
City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place
for hearing protests in relation to the levy and collection of the proposed assessments for said
improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 2017-
2018, and directing said Clerk to give notice of said hearing as required by said Act; and
WHEREAS,it appears that notices of said hearing were duly and regularly published and
posted in the time, form and manner required by said Act, as evidenced by the Affidavits and
Certificates on file with said Clerk, and that all notices and ballots required by Article XIIID,
Section 4(c) and (d) of the California Constitution, were mailed to all property owners of record
subject to the assessment at least 45 days prior to the date of the public hearing on the proposed
assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk, 60
2
whereupon said hearing was duly and regularly held at the time and place stated in said notice;
and
WHEREAS,persons interested, objecting to or in favor of, said improvements, including
the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any
zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs
thereof, and all persons desiring to be heard were given an opportunity to be heard, and all
matters and things pertaining to the levy and collection of the assessments for said
improvements, including the maintenance or servicing, or both, thereof, were fully heard and
considered by said Council;
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
1.That the public interest, convenience and necessity require and said Council does
hereby order the levy and collection of assessments pursuant to said Act, for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, more
particularly described in said Engineer's Report and made a part hereof by reference thereto.
2.That the City of Saratoga Landscaping and Lighting Assessment District LLA-1
and the boundaries thereof benefited and to be assessed for said costs for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, are
situate in Saratoga, California, and are more particularly described by reference to a map thereof
on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of
the territory included in said District and any zone thereof and the general location of said
District.
3.That the plans and specifications for the existing improvements and for the
proposed improvements to be made within the assessment district or within any zone thereof
contained in said report, be, and they hereby are, finally adopted and approved.
4.That the Engineer's estimate of the itemized and total costs and expenses of said
improvements, maintenance and servicing thereof, and of the incidental expenses in connection
therewith, contained in said report, be, and it hereby is, finally adopted and approved.
5.That the public interest and convenience require, and said Council does hereby
order the improvements to be made as described in and in accordance with said Engineer's
Report, reference to which is hereby made for a more particular description of said
improvements.
6.That the diagram showing the exterior boundaries of the assessment district
referred to and described in said Resolution No. 16-044, and also the boundaries of any zones
therein and the lines and dimensions of each lot or parcel of land within said District as such lot
or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies,
each of which lot or parcel of land has been given a separate number upon said diagram, as
contained in said report, be, and it hereby is, finally approved and confirmed.
61
3
7.That the assessment of the total amount of the costs and expenses of said
improvements upon the several lots or parcels of land in said District in proportion to the
estimated benefits to be received by such lots or parcels, respectively, from said improvements,
and the maintenance or servicing, or both, thereof and of the expenses incidental thereto
contained in said report be, and the same hereby is, finally approved and confirmed.
8.That said Engineer's Report for Fiscal Year 2017-2018 be, and the same hereby is,
finally adopted and approved as a whole.
9.That the City Clerk shall forthwith file with the Auditor of Santa Clara County the
said assessment, together with said diagram thereto attached and made a part thereof, as
confirmed by the City Council, with the certificate of such confirmation thereto attached and the
date thereof.
10.That the order for the levy and collection of assessment for the improvements and
the final adoption and approval of the Engineer's Report as a whole, and of the plans and
specifications, estimate of the costs and expenses, the diagram and the assessment, as contained
in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to
said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to
and in accordance with any resolution or order heretofore duly adopted or made by this Council.
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the 7th day of September, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
E. Manny Cappello, Mayor
City of Saratoga
ATTEST:
_________________________________
Crystal Bothelio, City Clerk
62
CITY OF SARATOGA
TRACT NO. 10325 LANDSCAPING AND LIGHTING
DISTRICT
ANNEXATION TO
LANDSCAPING & LIGHTING ASSESSMENT
DISTRICT LLA- 1, ZONE 38
ENGINEER’S REPORT
FISCAL YEAR 2017/2018
JUNE 28, 2016
63
TABLE OF CONTENTS
SECTION I. OVERVIEW ................................................................................................. 1
SECTION II. PLANS AND SPECIFICATION .................................................................. 3
SECTION III. PROPOSED FISCAL YEAR 2017/2018 BUDGET ..................................... 4
A. ESTIMATED FISCAL YEAR 2017/2018 BUDGET ............................................. 4
SECTION IV. METHOD OF APPORTIONMENT ............................................................ 5
A. GENERAL ............................................................................................................... 5
B. BENEFIT ANALYSIS ............................................................................................ 5
C. ASSESSMENT METHODOLOGY ........................................................................ 6
D. ASSESSMENT RANGE FORMULA ..................................................................... 6
SECTION V. ASSESSMENT ROLL .................................................................................. 7
SECTION VI. ASSESSMENT DIAGRAM .......................................................................... 8
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SECTION I. OVERVIEW
A. Introduction and Background
In 1980, the City of Saratoga (the “City”) formed the City of Saratoga Landscaping and
Lighting Assessment District LLA-1 (the “District”). Since that time as property owners
or developers have requested, the City has annexed new Zones into the District. Property
owners within the proposed Tract No. 10325 Landscaping & Lighting District petitioned
the City to form and annex the area as Zone 38 into the District. The City desires to annex
Zone 38 (the “Zone”) into the District. Zone 38 will be budgeted separately and the
properties within the Zone are assessed annually for their proportionate share of special
benefit of the maintained improvements as further described in this Engineer’s Report. This
report constitutes the Fiscal Year (“FY”) 2017/2018 Engineer’s Report for the Annexation
of Zone 38.
The City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972,
Part 2 of Division 15 of the Streets and Highways Code of California, beginning with
Section 22500 (“1972 Act”) and in compliance with the substantive and procedural
requirements of the California State Constitution Article XIIIC and XIIID (“Proposition
218”) and the Proposition 218 Omnibus Implementation Act (Government Code Section
53750 and following) (the “Implementation Act”) desires to levy and collect annual
assessments against lots and parcels within the Zone beginning in the fiscal year
commencing July 1, 2017 and ending June 30, 2018 to pay for the operation, maintenance
and servicing of landscaping and public lighting improvements within the Zone. The
proposed assessments are based on the City’s estimate of the costs for Fiscal Year
2017/2018 to maintain the improvements that provide a special benefit to properties
assessed within the Zone. The assessment rates set for Fiscal Year 2017/2018 as set forth in
this Engineer’s Report, is the maximum rate, with consideration of the escalator further
described in Section IV, D of this report, established for the Zone and will be balloted for
compliance with Proposition 218 in order to establish the 2017/2018 assessment rates.
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Fiscal Year 2017/2018 Engineer’s Report
B. Contents of Engineer’s Report
This Report describes the Zone 38 boundaries and the proposed improvements to be
assessed to the property owners located within the Zone. The Report is made up of the
following sections.
Section I. Overview – Provides a general introduction into the Report and provides
background on the Zone and the assessment.
Section II. Plans and Specifications – Contains a general description of the improvements
that are maintained and serviced by the Zone.
Section III. Proposed Fiscal Year 2017/2018 Budget – Identifies the cost of the
maintenance and services to be provided by the Zone including incidental costs and
expenses.
Section IV. Method of Apportionment – Describes the basis in which costs have been
apportioned to lots or parcels within each of the Zones within the District, in proportion to
the special benefit received by each lot or parcel.
Section V. Assessment Roll – The assessment roll identifies the maximum assessment to
be levied to each lot or parcel within the District.
Section VI. Assessment Diagram – Displays a diagram of the Zone.
For this Report, each lot or parcel to be assessed, refers to an individual property assigned
its own Assessment Parcel Number (“APN”) by the Santa Clara County (“County”)
Assessor’s Office as shown on the last equalized roll of the assessor.
Following the conclusion of the Public Hearing, the City Council will confirm the Report
as submitted or amended, tabulate the ballots and may order the collection of assessments
for Fiscal Year 2017/2018 if there is not a majority protest.
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City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 3
Fiscal Year 2017/2018 Engineer’s Report
SECTION II. PLANS AND SPECIFICATION
A. General Description of the District
The District consists of all land located within Tract 10325 and is generally located at the
terminus of Paramount Court and Paramount Drive. Upon final subdivision, there are
expected to be seven assessable properties within Zone 38.
B. Description of Services and Improvements to be Maintained
The District provides a funding mechanism for the ongoing maintenance, operation and
servicing of landscaping and public lighting improvements that provide special benefit to
the parcels within the Zone. These improvements may include, but are not limited to,
biorentention basins, water quality measures, the design, construction or installation,
including the maintenance or servicing, or both, thereof, of landscaping, including trees,
shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental
structures, curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or
electrical facilities, attachments and appurtenances, including the cost of repair, removal
or replacement of all or any part thereof, providing for the life, growth, health and beauty
of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating
for disease or injury; the removal of trimmings, rubbish, debris and other solid waste;
electric current or energy for any electrical facilities or operation of any other
improvements; and the maintenance of any other improvements.
The City and Paramount Venture, LLC (“Developer or Property Owner”) have entered into
an agreement, which has been recorded on the property entitled a “Covenant and
Agreement for Stormwater Treatment Measure Construction, Inspection and Maintenance”
(“Agreement”). The Agreement, which by reference is made part of this report, allows the
Property Owner to comply with the terms of the Agreement by forming this Zone.
Maintenance services will be provided by City personnel and/or private contractors. The
proposed improvements to be maintained are set forth in Exhibit B of the Agreement, the
services are set forth as Exhibit C of the Agreement and generally described as follows:
ZONE IMPROVEMENTS
38 (Tract No. 10325 Landscaping and Lighting District) – Provides for
maintenance of Stormwater Treatment Measure including landscaping
(bioretention treatment swale) and pervious paving in Tract 10325.
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City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 4
Fiscal Year 2017/2018 Engineer’s Report
SECTION III. PROPOSED FISCAL YEAR 2017/2018 BUDGET
A. Estimated Fiscal Year 2017/2018 Budget
A summary of the proposed District fiscal year 2017/2018 budget is summarized, by category,
in the Table shown below:
Zone Budget
ZONE NUMBER ZONE 38
Operations
Repairs $12,300.00
Maintenance $13,000.00
Water $0.00
Electric $0.00
Subtotals $25,300.00
City Costs1 $1,000.00
Total Costs $26,300.00
Revenue Sources
Carryover $0.00
Property Tax $0.00
Subtotals $0.00
Net Cost $26,300.00
Carryover not recovered $0.00
Carryover not reimbursed $0.00
Net Assessment $26,300.00
Expected No. of Parcels 7
Assessment Per Parcel $3,757.14
Maximum Assessment Per Parcel $3,757.14
1 City Costs includes administration and indirect costs.
68
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 5
Fiscal Year 2017/2018 Engineer’s Report
SECTION IV. METHOD OF APPORTIONMENT
A. General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose
of providing certain public improvements, which include the construction, maintenance,
and servicing of landscaping and public lights and appurtenant facilities.
Streets and Highways Code Section 22573 requires that maintenance assessments be levied
according to benefit rather than the assessed value.
“The net amount to be assessed upon lands within an assessment district
may be apportioned by any formula or method which fairly distributes the
net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the
improvements.”
In addition, Article XIIID and the Implementation Act require that a parcel’s assessment
may not exceed the reasonable cost for the proportional special benefit conferred to that
parcel. A special benefit is a particular and distinct benefit over and above general benefits
conferred on property located within the assessment district. Article XIIID and the
Implementation Act further provides that only special benefits are assessable and the City
must separate the general benefits from the special benefits. They also require that publicly
owned properties which specifically benefit from the improvements be assessed.
B. Benefit Analysis
Each of the proposed improvements and the associated costs and assessments within the
District has been reviewed, identified and allocated based on special benefit pursuant to
the provisions of Proposition 218, the Implementation Act, and the Streets and Highways
Code Section 22573.
Proper maintenance and operation of the Improvements provide special benefit to
properties by providing;
1. Satisfaction of National Pollutant Discharge Elimination System (NPDES) permit, a
condition of development and the Agreement;
2. Reduces impervious runoff volumes and rates;
3. Recharges groundwater and sustains stream base flows; and
4. Reduces detention needs.
The improvements are located adjacent to or on properties located within the Zone to serve
only properties in the Zone. Any benefit to other property is ancillary to the specific benefit
that is provided to the properties within the Zone. In addition, the improvements were
required as a condition of development of Tract No. 10325, are included in the Agreement
and benefit only the parcels within the tract and therefore there is no general benefit. In the
69
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 6
Fiscal Year 2017/2018 Engineer’s Report
absence of the Zone, each Property Owner will be responsible for the maintenance of the
stormwater improvements and fulfilling the terms of the Agreement.
C. Assessment Methodology
To establish the special benefit to the individual lots or parcels within the District and the
proposed Zone the assessment methodology has been established as follows:
Administrative costs shall be spread equally to all of the lots or parcels of land assessed
within the District.
The cost of Improvements shall be spread equally to all of the lots or parcels of land located
within the Zone.
It is estimated that each of the parcels within the Zone, once subdivided, will receive an
equal special benefit from the services provided within the Zone, as the parcels each benefit
from having bioretention treatment swales and pervious pavement on the lower portion of
each lot maintained by the City. No parcel will receive a greater or lesser benefit from the
ongoing maintenance, operation and servicing of improvements, and therefore the
assessment will be distributed equally among the parcels.
VALUE OF
BENEFIT
ESTIMATED
PARCELS
SPECIAL
BENEFIT
MAXIMUM ASSESSMENT
RATE
$26,300.00 ÷ 7 * 100% = $3,757.14
D. Assessment Range Formula
The purpose of establishing an Assessment Range Formula is to provide for reasonable
inflationary increases to the annual assessments without requiring the Zone to go through
an expensive balloting process required by law in order to get a small increase. The
maximum assessment for each parcel shall be the amount calculated for the previous year
multiplied by 1.05.
The Maximum Assessment adjusted annually by this formula is not considered an
increased assessment and may be implemented starting with the FY 2018/2019.
Although the Maximum Assessment will increase each year, the actual assessment will
only reflect the necessary budgeted amounts and may remain unchanged. Increases in the
budget or an increase in the rate in one year from the prior year will not require a new 218
balloting unless the rate is greater than the Maximum Assessment adjusted to reflect the
1.05 increase as described above.
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City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 7
Fiscal Year 2017/2018 Engineer’s Report
SECTION V. ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the Zone shall be the parcel as shown on the
County Assessor's map for the year in which this Report is prepared.
A listing of parcels assessed within the Zone, along with the proposed assessment amounts, are
shown below. Said listing of parcels to be assessed shall be submitted to the County
Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2017/2018.
If any parcel submitted for collection is identified by the County Auditor/Controller to be an
invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel
numbers will be identified and resubmitted to the County Auditor/Controller. The assessment
amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method
of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has
changed to multiple parcels, the assessment amount applied to each of the new parcels shall be
recalculated and applied according to the approved method of apportionment and assessment rate
rather than a proportionate share of the original assessment.
APN
PARCEL
NUMBER ZONE #
DIAGRAM SHEET
NO.
ASSESSMENT AS
PRELIMINARY
APPROVED
ASSESSMENT
AS FINALLY
CONFIRMED
503-82-006 1 Zone 38 Zone 38 $3,757.14
503-82-006 2 Zone 38 Zone 38 $3,757.14
503-82-006 3 Zone 38 Zone 38 $3,757.14
503-82-006 4 Zone 38 Zone 38 $3,757.14
503-82-006 5 Zone 38 Zone 38 $3,757.14
503-82-006 6 Zone 38 Zone 38 $3,757.14
503-82-006 7 Zone 38 Zone 38 $3,757.14
71
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 8
Fiscal Year 2017/2018 Engineer’s Report
SECTION VI. ASSESSMENT DIAGRAM
The parcels within the Zone consist of lots, parcels and subdivisions of land located on the boundary
map attached.
72
BLAUER
B R A
N D Y
W
I N E
A P O L L O
W A YDR.
P A R A M O U N T
TRICIA
CUNNINGHAM
S T E W A R T
C T .
PARAMOUNT
D R .
C T .
R I C E
G L A S G O W
C T .
R O D E O C R E E K H O L L O W
S A R A T O G A -S U N N Y V A L E R O A D
Assessm ent DiagramCity of Sar atogaLandscaping and Lighting Dis tric t LLA -1Zone 38
Zone 38 PropertyZone 38 will consist of 7 parcels ±
50382006
73
City of Saratoga Tract No. 10325 Landscaping & Lighting District, Zone 38 Page 10
Fiscal Year 2017/2018 Engineer’s Report
CITY OF SARATOGA
City of Saratoga
Tract No. 10325 Landscaping & Lighting District
Landscaping & Lighting District LLA-1, Zone 38
Engineer’s Report
Fiscal Year 2017/2018
The undersigned respectfully submits the enclosed Report as directed by City Council.
________________________________
C. Stephen Bucknam Jr., C20903
________________________________
Lyn Gruber
Koppel & Gruber Public Finance
74
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE:September 7, 2016
DEPARTMENT:Public Works
PREPARED BY:Macedonio Nunez, Associate Engineer
SUBJECT: Approval of Prospect Road Median Beautification and Improvements Project
RECOMMENDED ACTION:
Adopt resolution approving the Prospect Road Median Beautification and Improvements Project
and authorizing the City Manager to file with the County of Santa Clara a Notice of Exemption
from the California Environmental Quality Act (CEQA).
BACKGROUND:
The project will improve Prospect Road between Saratoga-Sunnyvale Road and Lawrence
Expressway. In most sections on Prospect Road, the medians do not exist and the separation
between eastbound and westbound lanes is delineated by pavement striping. Current striping
approximately outlines the areas of future landscaped medians.
The project objective is the construction of medians, sidewalks, curbs & gutters, utility
improvements, drainage modifications, bicycle enhancements, new bus stops, new pavement
striping, micro surfacing slurry to the pavement and other pedestrian improvements on Prospect
Road. Additional improvements along Prospect Road include new medians with drought
tolerance landscaping, installation of sidewalks where gaps have been identified, installation of
American with Disabilities Act (ADA) compliant ramps, repairs to existing ADA ramps,
installation of bicycle detector loops at signalized intersections, installation of “green” bike lanes.
The project will be constructed entirely within existing right-of-way, and no acquisition of right-
of-way or easements is required. The project will not require temporary closure of Prospect
Road to through-traffic during construction. One traffic lane in each direction will remain all the
time. Attachment 1 is the detailed construction plans and they are available for review in the
Public Works Department.
Open House Public Meetings
The City hosted two Open House public meetings and mailed approximately 670 invitations to
nearby residents for each open house event. The City’s Engineering Consultant, Landscape
Architect and Traffic Engineer were in attendance to answer questions. The first Open House
75
Page 2 of 2
was held on November 16, 2015 from 4:00 PM to 7:00 PM and the second Open House was held
on March 7, 2016 from 4:00 PM to 7:00 PM.
CEQA Categorical Exemption
The project is exempt from CEQA because it is a minor alteration and reconstruction of existing
facilities (Prospect Road), along with new construction of small structures (storm drain inlets,
sidewalks, and median), where the reconstructed facilities and new structures will have
substantially the same purpose and capacity as the facilities replaced. California CEQA
Guidelines sections 15301, 15302, 15303, and 15304. The reconstruction of Prospect Road
would not add travel lanes or otherwise increase roadway capacity. There are no similar current
or proposed roadway projects in the vicinity of the project site.Id. § 15300.2(b). There are no
unusual circumstances at the project site that would lead to environmental impacts.Id. §
15300.2(c) The project site is not on a State Scenic Highway and does not contain scenic
resources, it is not a designated hazardous waste site and will not affect historic resources.Id. §§
15300.2 (d)(e)(f). In light of these factors, the project is not subject to CEQA. Therefore staff
recommends that City Council consider a CEQA exemption in connection with approval of
Project under 14 C.C.R. sections 15302, 15333 (This is included in Attachment B).
FOLLOW UP ACTION:
Notice of Exemption from the CEQA will be filed with the County. City Staff will solicit the
Request for Proposals for the project construction and project management.
ATTACHMENTS:
Attachment A – Resolution
Attachment B – CEQA Document
Attachments C1 through C4 – Construction Plans
76
1
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF SARATOGA
APPROVING THE PROSPECT ROAD MEDIAN BEAUTIFICATION AND
IMPROVEMENTS PROJECT
I. The City of Saratoga City will be improving the Prospect Road Corridor between
Saratoga-Sunnyvale Road and Lawrence Expressway with funding through the One Bay
Area Grant (OBAG) Program.
II. The Project includes the construction of medians, sidewalks, curbs & gutters, utility
improvements, drainage modifications, bicycle enhancements, new bus stops, new
pavement striping, micro surfacing slurry to the pavement and other pedestrian
improvements on Prospect Road. Additional improvements along Prospect Road include
new medians with drought tolerance landscaping, installation of sidewalks where gaps
have been identified, installation of American with Disabilities Act (ADA) compliant
ramps, repairs to existing ADA ramps, installation of bicycle detector loops at signalized
intersections, installation of “green” bike lanes.
III. City Staff held two Open House Public Meetings on November 16, 2015 and March 7,
2016. City Staff reviewed and considered the public comments from the two meetings.
IV.THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby:
1.Approves the Project; and
2.Directs the City Manager to proceed with implementation of the Project subject to
City Council approval of specific contracts where Council approval is required by
law; and
3.Finds that the project is exempt from the California Environmental Quality Act
(CEQA) because it is a minor alteration and reconstruction of existing facilities
(Prospect Road), along with new construction of small structures (storm drain
inlets, sidewalks, and median), where the reconstructed facilities and new
structures will have substantially the same purpose and capacity as the facilities
replaced. The reconstruction of Prospect Road would not add travel lanes or
otherwise increase roadway capacity. There are no similar current or proposed
roadway projects in the vicinity of the project site. There are no unusual
circumstances at the project site that would lead to environmental impacts. The
project site is not on a State Scenic Highway and does not contain scenic
resources, it is not a designated hazardous waste site and will not affect historic
resources. In light of these factors, the project is not subject to CEQA; and
77
2
4.Directs the City Manager to cause a notice of exemption from CEQA to be filed
with the County of Santa Clara.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7th day of September 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk
78
County of Santa Clara
Office of the County Clerk-Recorder
Business Division
County Government Center
70 West Hedding Street, E. Wing, 1
st Floor
San Jose, California 95110 (408) 299-5688
CEQA DOCUMENT DECLARATION
ENVIRONMENTAL FILING FEE RECEIPT
PLEASE COMPLETE THE FOLLOWING:
1. LEAD AGENCY:________________________________________________________________________________________________________
2. PROJECT TITLE:_______________________________________________________________________________________________________
3. APPLICANT NAME:____________________________________________________________PHONE:________________________________
4. APPLICANT ADDRESS:_________________________________________________________________________________________________
5. PROJECT APPLICANT IS A: Local Public Agency School District Other Special District State Agency Private Entity
6. NOTICE TO BE POSTED FOR ________________DAYS.
7. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a. PROJECTS THAT ARE SUBJECT TO DFG FEES
1.ENVIRONMENTAL IMPACT REPORT (PUBLIC RESOURCES CODE §21152) $$_______________
2.NEGATIVE DECLARATION (PUBLIC RESOURCES CODE §21080(C)$$_______________
3.APPLICATION FEE WATER DIVERSION (STATE WATER RESOURCES CONTROL BOARD ONLY)$ $_______________
4.PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ $_______________
5.COUNTY ADMINISTRATIVE FEE (REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ $_______________
Fish & Game Code §711.4(e)
b.PROJECTS THAT ARE EXEMPT FROM DFG FEES
1. NOTICE OF EXEMPTION ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ $_______________
2. A COMPLETED “CEQA FILING FEE NO EFFECT DETERMINATION FORM” FROM THE
DEPARTMENT OF FISH & GAME, DOCUMENTING THE DFG’S DETERMINATION THAT THE PROJECT
WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT /
PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE *SAME
PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED)
DOCUMENT TYPE:ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION $$_______________
c.NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES
NOTICE OF PREPARATION NOTICE OF INTENT NO FEE $________NO FEE
8. OTHER:__________________________________________________________________________FEE (IF APPLICABLE): $_______________
9.TOTAL RECEIVED……………………………………………………………………………………........................................................ $_____________
*NOTE: “SAME PROJECT” MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A “NO EFFECT
DETERMINATION” LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED.
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE (INCLUDING COPIES)
SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL (WET SIGNATURE) AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO
YOU AT THE TIME OF FILING.)
CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER
PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED (Fish & Game Code §711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE INFORMATION.
“ . . . NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID,
UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID.”Fish & Game Code §711.4(c)(3)
(Fees Effective 01-01-2015)79
Notice of Exemption
To: County of Santa Clara
County Clerk-Recorder
70 West Hedding Street, 1st Floor
San Jose, CA 95110
From: City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Project Title: Prospect Road Median Beautification and Improvements Project
Project Location - City of Saratoga and City of San Jose, Santa Clara County
Project Location – Specific: Prospect Road between Saratoga/Sunnyvale Road and
Lawrence Expressway (along the border between the Cities of Saratoga and San Jose).
Description of Nature, Purpose and Beneficiaries of Project:
Along Prospect Road, the project would replace the existing Two-Way Left Turn Lane
with a landscaped median, add slurry seal to the existing asphalt surface, restripe the
existing lanes, add a 5-foot wide bicycle lane with two-foot buffer, install sidewalks,
curbs, and gutters, add storm drain inlets, relocate bicycle loop detectors, add high-
visibility crosswalk markings, install several wooden bus shelters, and reconfigure
existing right-turn lanes. The project would be constructed entirely within existing right-
of-way, and no acquisition of right-of-way or easements would be required. The project
does not require temporary closure of Prospect Road to through-traffic during
construction, and two traffic lanes would be open during construction.
Name of Public Agency Approving Project: City of Saratoga
Name of Person or Agency Carrying Out Project: City of Saratoga Public Works
Department
Reason Why Project is Exempt:
The project is exempt from CEQA because it is a minor alteration and reconstruction of
existing facilities (Prospect Road), along with new construction of small structures (bus
shelters, storm drain inlets, sidewalks, and median), where the reconstructed facilities
and new structures will have substantially the same purpose and capacity as the
facilities replaced. California CEQA Guidelines sections 15301, 15302, 15303, and
15304. The reconstruction of Prospect Road would not add travel lanes or otherwise
increase roadway capacity. There are no similar current or proposed roadway projects
in the vicinity of the project site. Id. § 15300.2(b). There are no unusual circumstances
at the project site that would lead to environmental impacts. Id. § 15300.2(c) The
project site is not on a State Scenic Highway and does not contain scenic resources, it
80
is not a designated hazardous waste site and will not affect historic resources. Id. §§
15300.2 (d)(e)(f). In light of these factors, the project is not subject to CEQA.
Lead Agency Contact Person: John Cherbone, Director, Public Works Department
Telephone: (408) 868-1241
Signature: ____________________________ Date: _____________
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
GRADING DETAIL 73+00 TO 83+00
25
NOT FOR CONSTRUCTION
KR
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16 96
GRADING DETAIL 92+50 TO 102+00
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GRADING DETAIL 102+00 TO 106+50
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18 98
99
100
101
102
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25
BIKE LOOP PLAN
22
103
PRE
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I
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25 23
104
PRE
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105
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25
COVINA RRFB
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106
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111
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113
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SARATOGA CITY COUNCIL
MEETING DATE:September 7, 2016
DEPARTMENT:Public Works
PREPARED BY:John Cherbone
SUBJECT:Hakone Gardens Naming Opportunities
RECOMMENDED ACTION:
Approve Naming Opportunities for New Buildings and Gardens at Hakone
BACKGROUND:
On May 18th of this year, the City Council approved a master plan for Hakone Gardens. The plan
lays out a long term vision of restoring and protecting the rich history of the Gardens and a road
map for the future.
Both restoration and new improvements are costly; therefore, fundraising will be an important
part of making the Master Plan a reality. On September 18th, Hakone will hold a Centennial
Gala, which will be an opportune time to kick-off the fundraising campaign.
DISCUSSION:
An important tool for fundraising is naming opportunities for new buildings and improvements.
Hakone has identified the following new projects from the Master Plan that are good candidates
for naming. The project estimates include soft costs such as design and construction
contingencies.
Project Estimated Cost
Gift Shop $2,750,000
Garden Operations Building $1,950,000
Tea Room $1,200,000
Tea Room Garden $230,000
Bonsai Garden $45,000
There are many additional opportunities to donate other than naming opportunities in the Master
Plan. These include restoration of historic buildings and remodel type projects tailored for
recognition of a donor’s generosity. 117
Once City Council direction is given, the Hakone Foundation Board will refine the fundraising
program to take into account the minimum donation amounts for naming opportunities and
recognition.
ATTACHMENTS:
A. Letter from Ann Waltonsmith, Chairperson, Hakone Foundation
B. Master Plan Brochure
118
119
120
121
SARATOGA CITY COUNCIL
MEETING DATE:September 7, 2016
DEPARTMENT:Community Development
PREPARED BY:Kirk Heinrichs, Special Projects Manager
SUBJECT:Village Policy Update Work Plan
RECOMMENDED ACTION:
Authorize staff to implement the Village Policy Update Work Plan
BACKGROUND:
On May 24th the City Council considered the results of a community outreach initiative intended to gather
the viewpoints and opinions of the community about the Village. The community outreach was the first
step in the process of updating the Village Specific Plan and Design Guidelines. In considering the Planning
Commission recommendation, the Council determined that the Village Plan had been substantially
completed and had served its useful life,and that future policy guiding land use, development and building
modifications in the Village should be incorporated into the General Plan, Village Design Guidelines, and
the Zoning Ordinance.
Staff was directed to prepare a work plan for Council approval outlining a process for developing and
adopting policies in response to the community outreach that would update and bring current the
community’s views and vision for the Village.
DISCUSSION:
There were four topic areas identified during the community outreach initiative to be addressed in any
Village policy update.
Parking and Circulation
Village Vision
Village Design and Character
Opportunity Sites
Parking and Circulation
There are four parking assessment districts in the Village totaling approximately 463 parking spaces. When
the parking districts were created, parking spaces were allocated to each individual property within a
district. At the time, the parking demand was less than the total number of parking spaces provided leaving
a surplus. The City offered to sell excess parking to property owners who may have wanted to intensity or
expand. However, no property owners purchased excess parking.122
Subsequently, a policy was established by the City creating a formula for calculating the cost of purchasing
extra parking but over timethe inflationary value of the spaces kept rising and making the potential purchase
cost untenable.
In 2006, to encourage business during the deep recession, the City Council adopted Ordinance No. 269
which placed a moratorium ( i.e. “waiver”) on charging for the extra parking in the Village and allowing
the excess parking to be allocated to new development or business on a “first come first serve” basis without
charge. The staff has been maintaining a tally of “surplus” parking over the last ten years. Under that
program, there remains a surplus of approximately 50 parking spaces. Staff will be revisiting this policy
with the Planning Commission as part of the community meetings to determine whether this policy should
be continued or an alternate course of action should be recommended to City Council. In conjunction with
this effort, staff is preparing for a related discussion about the need for a parking management plan.
Village Vision
During the community outreach initiative, considerable discussion was documented among the Village
business and property owners about having a clear policy as to the “vision” for the Village. Staff believes
this can be addressed in some general policy statements in the Land Use Element of the General Plan along
with some stated goals in the Village Design Guidelines. The Planning Commission community meetings
are intended to help shape and refine this community vision.
Village Design and Character
While there may be one or two stated policy objectives identified in the Land Use Element of the General
Plan to serve as guiding principles, most of the policy and implementation measures addressing Village
design character will be addressed in the update of the Village Design Guidelines. In that the community
affirms the scale and form of the Village, staff will be working with the Planning Commission during the
community meetings to reinforce and enhance the policies of “small town feel”
Opportunity Sites
The overall objective of providing Village policy in the General Plan and Village Design Guidelines is to
provide the community, decision makers, and stakeholders what it is that the City wants to see in the Village
to minimize ambiguity and highlight expectations. This is especially true with opportunity sites such as the
former “Buy and Save” site. There is currently a section in the Village Design Guidelines addressing
“Opportunity Sites”. Staff will review this section with the Planning Commission at the community
meetings to identify specific development objectives that can provide clear direction as to what the City
wants and expects to achieve on any opportunity site that is identified.
Policy Development Process
The direction from the Council was to engage the Planning Commission in a series of study sessions to vet
policy options within the four topics. In that the Village Design Guidelines is anticipated to take the greatest
amount of time, it is suggested that the work load be divided into two phases.
Phase I would include addressing Parking & Circulation and Village Vision. Staff anticipates the policy
that comes out of these discussions will be primarily addressed in the General Plan, Parking Ordinance and
possibly some kind of Council policy or resolution.Staff will have a kick-off meeting in October with Phase
1 commencing with the first Planning Commission study session in November. Staff anticipates two to
three study sessions to vet policy options under these topics.
At the conclusion of Phase I, staff would present the recommended policy changes to the Council to weigh
in prior to bringing the policy changes back for formal adoption.123
Phase II would be spent on updating the Village Design Guidelines reinforcing and enhancing the “small
town feel” of the Village and addressing opportunity sites. There will also be a significant effort to revamp
the structure, layout, and functionality of the document to better reflect and illustrate the strategic policies
of the community for the Village.
Beginning in March, 2017, staff will work with the Planning Commission on vetting policy while a
consultant will be engaged to provide the expertise in organizing, illustrating and formatting the document.
Per Council direction, the HPC would be invited to the study sessions as stakeholder. It is anticipated that
between three or four study sessions with the Commission would be needed for Phase II.
As in Phase I, prior to preparing the revised Village Design Guidelines for final adoption, the Council will
have an opportunity to review the draft and provide direction to staff.
Estimated Schedule
Phase I November, 2016 thru February, 2017 (acknowledging holiday break)
Phase II March, 2017 thru June, 2017
Final Adoption of all
Affected policy documents August, 2017
FISCAL STATEMENT:
The City Council budgeted $100,000 in the FY17 Capital Improvement Program (CIP) to fund the Village
Policy Update process.
124
SARATOGA CITY COUNCIL
MEETING DATE:September 7, 2016
DEPARTMENT:Community Development Department
PREPARED BY:Nicole Johnson, Planner II
SUBJECT:Amendments to the City’s Williamson Act Procedures
RECOMMENDED ACTION:
Approve attached Resolution amending Resolution 549.
BACKGROUND:
The Williamson Act (California Land Conservation Act of 1965) assists property owners with
agricultural uses by providing partial property tax relief in the form of a lower assessment formula
in exchange for their voluntary commitment to the long-term preservation the agricultural and
open space uses on their sites.
Contracts have ten-year terms that are automatically renewed each year unless they are cancelled
(i.e. annual 10-year extensions).A Williamson Act contract runs with the land and is binding on
all successors.In order to qualify to be placed in a Williamson Act, the property must be an
agricultural use and a minimum of 100 acres (two or more parcels may be combined if they are
contiguous or if they are in common ownership). As a part of the municipalities review, findings
can be met to allow for smaller properties to enter into the contract.
A property owner recently inquired with staff about the City’s Williamson Act designation
process. In researching the City’s current Williamson Act process (City Council Resolution No.
549 adopted on October 21, 1970), it was discovered that properties which request to enter into a
Williamson Act contract and are not already in an Agriculture (A) zoning district, would also have
to be submitted with a rezoning application. This prerequisite requires additional time, fees, public
hearings, and environmental reviews. The rezoning to an Agriculture zoning district to enter into
a Williamson Act contract is not currently required by many Cities as long as agricultural use of
the property can be adequately documented.
In an effort to simplify the process for property owners, and because establishing agricultural
preserves is encouraged by the adopted Hillside Specific Plan and General Plan and is consistent
with the permitted uses of the HR zoning district, staff is recommending amending the resolution
to address this potential barrier or disincentive to applying for a Williamson Act contract.125
The recommended revisions would allow properties in the HR district to be able to enter into the
contract with the City without re-zoning, and allows for smaller (less than 100 acres) properties
within these zone districts to apply to enter into a Williamson Act.
Amendments to Resolution 549 are provided as Attachment 2. Text to be added is indicated in
red/underlined, and text to be deleted is indicated in the column comments.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Noticing is not required to amend the resolution.
ENVIRONMENTAL DETERMINATION:
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applies only to
projects which have the potential of causing a significant effect on the environment.
ATTACHMENTS:
1.Proposed Resolution
2.Resolution No. 549 withproposed Redline Amendments
126
RESOLUTION No. ---
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AMENDING THE CITY’S PROCEDURES FOR
INITIATING, FILING AND PROCESSING REQUESTS
TO ESTABLISH AGRICULTURAL PRESERVES
(WILLIAMSON ACT)
(GC 51231)
WHEREAS, California Land Conservation Act of 1965 (The Williamson Act)
authorizes cities to establish agricultural preserves, for the purpose of defining the boundaries of
those agricultural areas within which the city will be willing to enter into land conservation
contracts pursuant to said Act, in order, amongst other things, to maintain the agricultural
economy of the state and to prevent the premature and unnecessary conversion of land from
agricultural uses, and
WHEREAS, the City Council of this City finds that it can assist the maintenance
of the State’s agricultural economy and avoid conversion of land from agricultural uses by
establishing agricultural preserves and entering into agreements with land owners as authorized
by said Act, and
WHEREAS, the City Council finds that smaller preserves are necessary due to the
unique characteristics of the agricultural enterprises in that area, that the establishment of
preserves of less than 100 acres continues to be consistent with the City’s General Plan, and
establishing agricultural preserves in the Hillside Residential “HR” zoning district is consistent
with the permitted uses within the HR zoning district, and
WHEREAS, said Act directs cities to state by resolution the procedures for
initiating, filing and processing requests for the establishment of such agricultural preserves,
WHEREAS, the City Council now amends the procedures for initiating, filing,
and processing requests to establish agricultural preserves adopted under Resolution 549 passed
on October 21, 1970 such that the procedures set forth under this Resolution shall supersede and
replace the procedures set forth under Resolution 549, and
WHEREAS, this action is not subject to the California Environmental Quality Act
because: 1) such action is a minor alteration in land use limitations which do not result in any
changes in land use density (CEQA Guidelines Section 15305), 2) will facilitate establishment of
agricultural preserves (CEQA Guidelines Section 15317), and 3) because there is no possibility
that the activity in question may have a significant effect on the environment (CEQA Guidelines
Section 15061(b)(3)).
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as
follows:
Attachment 1
127
The establishment of an agricultural preserve may be initiated either by motion of
the City Council, or upon an application therefor by the land owner or land owners of the
property
within the proposed preserve, as hereinafter set forth. The following procedures are hereby
established for the initiating, filing and processing of all requests to establish such preserves:
1. All requests for establishing an agricultural preserve initiated by other than
motion of the City Council shall be upon written application signed by all the owners of
the land included within the confines of the proposed preserve, and filed with the City
Clerk on forms approved by the City Council, which shall include the following data:
(a) Names and addresses of all owners;
(b) A statement of the location, ownership, size, and area of all the property,
and of all the present agricultural uses of the property together with any
and all other uses conducted thereon;
(c) Assessor’s parcel numbers;
(d) A request that the property be established as an agricultural preserve for
the purpose of enabling the applicant to enter into a land conservation
contract with the City;
(e) In the event the property or some part thereof is in a zoning district other
than A (agriculture) or HR (Hillside Residential), a request to initiate a
change of zoning to A or HR zoning
district;
(f) Such other data or information as may be required by the approved form;
In addition, each application shall be accompanied by the following documents:
(a) Two (2) copies of a legal description of all properties;
(b) Four (4) copies of assessor’s maps;
(c) A completed income analysis sheet for delivery to the Santa Clara County
Assessor;
(d) Two (2) completed land conservation contracts in a form approved by the
City Council, covering all or some substantial portion of the property
within the proposed agricultural preserve, each properly executed and
acknowledged by the property owner;
(e) An initial deposit fee pursuant to the City of Saratoga’s most current fee
schedule, together with an additional initial deposit fee pursuant to the
City of Saratoga’s most current fee schedule if the application also
includes a request to rezone to “A” or “HR” zoning district.
2. Upon receipt of the application, the City Clerk shall check the same for the
adequacy and completeness of all documentation required thereon and documents to be
included therewith, and upon determining the same as properly executed and complete,
she shall then:
128
(a) Forthwith submit the application and accompanying data to the City’s
Planning Department, who shall report thereon to the City Council within
thirty (30) days thereafter, and which report shall include a statement as to
whether or not the proposed preserve is consistent with the General Plan;
(b) He shall set a public hearing on the application before the City Council,
publishing notice of the same once in a newspaper of general circulation at
least 10 days prior to the date of the hearing, and sending a copy of said
notice, postage prepaid, to all applicants who have their addresses set forth
on the application.
3. At the time and place of the public hearing on the application, the City Council
shall hear all persons interested therein, and thereafter may either terminate said
proceedings, or may by resolution establish all of any portion of the lands included in the
application as an agricultural preserve. Said public hearing may be continued from time
to time, and in no event shall the City Council adopt a resolution establishing an
agricultural preserve until it has either received a report on the application from the
Planning Department, or until the expiration of thirty (30) days from the date said matter
was submitted to said Planning Department in the event said department fails to report
thereon.
Each resolution establishing an agricultural preserve shall contain a finding of
compatible uses within the preserve, and shall set forth such uniform rules for
administering that preserve as may be deemed advisable and necessary by the City
Council.
4. At any time at or after adopting a resolution establishing an agricultural pr eserve,
the City Council may authorize the Mayor of said City to enter into a land conservation
agreement with any owner or owners of land within said agricultural preserve, and said
authorization may, but need not, be included as part of the resolution establishing the
preserve.
5. Anything to the contrary hereinabove notwithstanding, the City Council may
abandon any proceedings for the establishment of an agricultural preserve at any time
after the filing of an application thereon or initiation of the same on the Council’s own
motion, by minute or other resolution, which resolution shall set forth the reasons for
such abandonment.
6. Attached hereto and marked, respectively, Exhibits “A” and “B”, are forms for
the application for creation of an agricultural preserve and for land conservation contract,
which forms are specifically referred to and approved as official forms of this City.
7. The City Clerk shall cause a duplicate original of each land conservation
agreement to be recorded with the Santa Clara County Recorder within 20 days after the
completed execution of the same, and shall file a copy of the same with the Santa Clara
County Assessor. Within 30 days after adoption of this Resolution, the City Clerk shall
file a sample copy of the hereinabove approved form of contract with the State Director
of Agriculture.
129
The above and foregoing resolution was duly and regularly passed and adopted by
the City Council of the City of Saratoga at a regular meeting thereof, held on the 7th day
of September, 2016, by the following vote:
AYES:
NOES
ABSENT:
________________________
E. Manny Cappello, Mayor
ATTEST: ________________________
Crystal Bothelio, City Clerk
130
EXHIBIT “A”
CITY COUNCIL
CITY OF SARATOGA
APPLICATION FOR LAND CONSERVATION CONTRACT
FOR INCLUSION OF LAND INTO A CITY OF SARATOGA
AGRICULTURAL PRESERVE
NOTICE: APPLICATIONS MUST REPRESENT A MINIMUM OF 20 ACRES, OR BE
SUBMITTED WITH APPLICATIONS FROM PROPERTY OWNERS OF
CONTIGUOUS PROPERTY TOTALING 20 ACRES OR BE CONTIGUOUS
TO AN ALREADY EXISTING AGRICULTURAL PRESERVE. ANY
APPLICATION OF LESS THAN 20 ACRES MUST DEMONSTRATE THAT
INCLUDING SUCH LAND SATISFIES THE COMPATIBLE USES WITHIN
THE PRESERVE BUT NO APPLICATION SHALL REPRESENT LESS THAN
10 ACRES.
Separate applications are required if titles to parcels are vested differently, or if parcels of
Property are non-contiguous.
1. APPLICANT-OWNER
_______________________________________________________
Name (Please print or type)
AGENT
_______________________________________________________
Name
_______________________________________________________
Number Street City Zip Code
(The above address will be used for all correspondence)
_______________________
Telephone Number
2. LOCATION OF THE PROPERTY
_______________________ side of __________________________
North, South, East, West Street or Road
_______________________ and ____________________________
At/between Street or Road Street or Road
3. ASSESSOR’S PARCEL NUMBER(S) 131
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Total acreage: _________
For each parcel attach:
1. Assessor Map (4)
2. Legal descriptions (2) Identify each legal description by Assessor Parcel Number (s).
4. PRESENT USE OF PROPERTY (please check all applicable uses)
________ Agricultural
Orchard ____ Row Crop ____ Hay ____ Grazing ____
________ Drying, Packing, Processing of Agricultural Commodity
________ Holding of Non-Producing Land for Future Agricultural Use
________ Holding of Non-Producing Mineral Resource Areas for Future Use
________ Maintained in Natural State for Recreational, Plant or Animal preserve
________ Single Family Dwelling for Residence of Family of Owner or Employees
________ Farm Labor
________ Agricultural Stands (Sale of Produce)
________ Aircraft Landing Strips
________ Public Utility Installations
________ Communication Facilities
________ Hunting and Fishing
________ Rifle and Pistol Ranges
________ Riding and Hiking Trails
________ Riding Academy
________ Gas & Oil Drilling
________ Vineyards
________ Quarry or other mineral gathering activity
________ Other (describe) _________________________________________________
_______________________________________________________________
5. If the present zoning of this property is other than A or HR this application is accompanied
by an application to the City of Saratoga to change the zoning to A or HR Zoning District.
6. Attach two completed Land Conservation Contracts which must be signed by all property
owners. All signatures must be properly acknowledged. Separate applications are required if
titles to parcels are vested differently or if parcels of property are non-contiguous. 132
7. Detach and return completed property rental questionnaire to Assessor.
8. File application with the City Clerk, City of Saratoga, 13777 Fruitvale Avenue, Saratoga,
California 95070. Telephone Number 867-3438.
133
134
135
136
137
138
139
140
RESOLUTION No. 549
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA ESTABLISHING PROCEDURES FOR
INITIATING, FILING AND PROCESSING REQUESTS
TO ESTABLISH AGRICULTURAL PRESERVES
(WILLIAMSON ACT)
(GC 51231)
WHEREAS, California Land Conservation Act of 1965 (The Williamson Act)
authorizes cities to establish agricultural preserves, for the purpose of defining the boundaries of
those agricultural areas within which the city will be willing to enter into land conservation
contracts pursuant to said Act, in order, amongst other things, to maintain the agricultural economy
of the state and to prevent the premature and unnecessary conversion of land from agricultural
uses, and
WHEREAS, the City Council of this City finds that it can assist the maintenance
of the State’s agricultural economy and avoid conversion of land from agricultural uses by
establishing agricultural preserves and entering into agreements with land owners as authorized by
said Act, and
WHEREAS, the City Council finds that smaller preserves are necessary due to the
unique characteristics of the agricultural enterprises in that area, that the establishment of preserves
of less than 100 acres continues to be consistent with the City’s General Plan, and establishing
agricultural preserves in the Hillside Residential “HR” zoning district is consistent with the
permitted uses within the HR zoning district, and
WHEREAS, said Act directs cities to state by resolution the procedures for
initiating, filing and processing requests for the establishment of such agricultural preserves,
WHEREAS, the City Council now amends the procedures for initiating, filing, and
processing requests to establish agricultural preserves adopted under Resolution 549 passed on
October 21, 1970 such that the procedures set forth under this Resolution shall supersede and
replace the procedures set forth under Resolution 549, and
WHEREAS, this action is not subject to the California Environmental Quality Act
because: 1) such action is a minor alteration in land use limitations which do not result in any
changes in land use density (CEQA Guidelines Section 15305), 2) will facilitate establishment of
agricultural preserves (CEQA Guidelines Section 15317), and 3) because there is no possibility
that the activity in question may have a significant effect on the environment (CEQA Guidelines
Section 15061(b)(3)).
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as
follows:
Deleted: ¶
141
The establishment of an agricultural preserve may be initiated either by motion of
the City Council, or upon an application therefor by the land owner or land owners of the property
within the proposed preserve, as hereinafter set forth. The following procedures are hereby
established for the initiating, filing and processing of all requests to establish such preserves:
1. All requests for establishing an agricultural preserve initiated by other than motion
of the City Council shall be upon written application signed by all the owners of the land
included within the confines of the proposed preserve, and filed with the City Clerk on
forms approved by the City Council, which shall include the following data:
(a) Names and addresses of all owners;
(b) A statement of the location, ownership, size, and area of all the property,
and of all the present agricultural uses of the property together with any and
all other uses conducted thereon;
(c) Assessor’s parcel numbers;
(d) A request that the property be established as an agricultural preserve for the
purpose of enabling the applicant to enter into a land conservation
contract with the City;
(e) In the event the property or some part thereof is in a zoning district other
than A (agriculture) or HR (Hillside Residential), a request to initiate a
change of zoning to A or HR zoning
district;
(f) Such other data or information as may be required by the approved form;
In addition, each application shall be accompanied by the following documents:
(a) Two (2) copies of a legal description of all properties;
(b) Four (4) copies of assessor’s maps;
(c) A completed income analysis sheet for delivery to the Santa Clara County
Assessor;
(d) Two (2) completed land conservation contracts in a form approved by the
City Council, covering all or some substantial portion of the property within
the proposed agricultural preserve, each properly executed and
acknowledged by the property owner;
(e) An initial deposit fee pursuant to the City of Saratoga’s most current fee
schedule, together with an additional initial deposit fee pursuant to the City
of Saratoga’s most current fee schedule if the application also includes a
request to rezone to “A” or “HR” zoning district.
2. Upon receipt of the application, the City Clerk shall check the same for the
adequacy and completeness of all documentation required thereon and documents to be
included therewith, and upon determining the same as properly executed and complete, she
shall then:
Deleted: filing
Deleted: in the sum of $25.00
Deleted: filing
Deleted: of $200.00
142
(a) Forthwith submit the application and accompanying data to the City’s
Planning Department, who shall report thereon to the City Council within
thirty (30) days thereafter, and which report shall include a statement as to
whether or not the proposed preserve is consistent with the General Plan;
(b) He shall set a public hearing on the application before the City Council,
publishing notice of the same once in a newspaper of general circulation at
least 10 days prior to the date of the hearing, and sending a copy of said
notice, postage prepaid, to all applicants who have their addresses set forth
on the application.
3. At the time and place of the public hearing on the application, the City Council
shall hear all persons interested therein, and thereafter may either terminate said
proceedings, or may by resolution establish all of any portion of the lands included in the
application as an agricultural preserve. Said public hearing may be continued from time to
time, and in no event shall the City Council adopt a resolution establishing an agricultural
preserve until it has either received a report on the application from the Planning
Department, or until the expiration of thirty (30) days from the date said matter was
submitted to said Planning Department in the event said department fails to report thereon.
Each resolution establishing an agricultural preserve shall contain a finding of
compatible uses within the preserve, and shall set forth such uniform rules for
administering that preserve as may be deemed advisable and necessary by the City Council.
4. At any time at or after adopting a resolution establishing an agricultural preserve,
the City Council may authorize the Mayor of said City to enter into a land conservation
agreement with any owner or owners of land within said agricultural preserve, and said
authorization may, but need not, be included as part of the resolution establishing the
preserve.
5. Anything to the contrary hereinabove notwithstanding, the City Council may
abandon any proceedings for the establishment of an agricultural preserve at any time after
the filing of an application thereon or initiation of the same on the Council’s own motion,
by minute or other resolution, which resolution shall set forth the reasons for such
abandonment.
6. Attached hereto and marked, respectively, Exhibits “A” and “B”, are forms for the
application for creation of an agricultural preserve and for land conservation contract,
which forms are specifically referred to and approved as official forms of this City.
7. The City Clerk shall cause a duplicate original of each land conservation agreement
to be recorded with the Santa Clara County Recorder within 20 days after the completed
execution of the same, and shall file a copy of the same with the Santa Clara County
Assessor. Within 30 days after adoption of this Resolution, the City Clerk shall file a
sample copy of the hereinabove approved form of contract with the State Director of
Agriculture.
Deleted:
143
The above and foregoing resolution was duly and regularly passed and adopted by
the City Council of the City of Saratoga at a regular meeting thereof, held on 21st day of
October, 1970, by the following vote:
AYES:
NOES
ABSENT:
________________________
Mayor
ATTEST: ________________________
City Clerk
144
EXHIBIT “A”
CITY COUNCIL
CITY OF SARATOGA
APPLICATION FOR LAND CONSERVATION CONTRACT
FOR INCLUSION OF LAND INTO A CITY OF SARATOGA
AGRICULTURAL PRESERVE
NOTICE: APPLICATIONS MUST REPRESENT A MINIMUM OF 20 ACRES, OR BE
SUBMITTED WITH APPLICATIONS FROM PROPERTY OWNERS OF
CONTIGUOUS PROPERTY TOTALING 20 ACRES OR BE CONTIGUOUS
TO AN ALREADY EXISTING AGRICULTURAL PRESERVE. ANY
APPLICATION OF LESS THAN 20 ACRES MUST DEMONSTRATE THAT
INCLUDING SUCH LAND SATISFIES THE COMPATIBLE USES WITHIN
THE PRESERVE BUT NO APPLICATION SHALL REPRESENT LESS THAN
10 ACRES.
Separate applications are required if titles to parcels are vested differently, or if parcels of
Property are non-contiguous.
1. APPLICANT-OWNER
_______________________________________________________
Name (Please print or type)
AGENT
_______________________________________________________
Name
_______________________________________________________
Number Street City Zip Code
(The above address will be used for all correspondence)
_______________________
Telephone Number
2. LOCATION OF THE PROPERTY
_______________________ side of __________________________
North, South, East, West Street or Road
_______________________ and ____________________________
At/between Street or Road Street or Road
145
3. ASSESSOR’S PARCEL NUMBER(S)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Total acreage: _________
For each parcel attach:
1. Assessor Map (4) or 1 copy of reproducible (tracing, translucent, sepia, etc.)
2. Legal descriptions (2) Identify each legal description by Assessor Parcel Number (s).
4. PRESENT USE OF PROPERTY (please check all applicable uses)
________ Agricultural
Orchard ____ Row Crop ____ Hay ____ Grazing ____
________ Drying, Packing, Processing of Agricultural Commodity
________ Holding of Non-Producing Land for Future Agricultural Use
________ Holding of Non-Producing Mineral Resource Areas for Future Use
________ Maintained in Natural State for Recreational, Plant or Animal preserve
________ Single Family Dwelling for Residence of Family of Owner or Employees
________ Farm Labor
________ Agricultural Stands (Sale of Produce)
________ Aircraft Landing Strips
________ Public Utility Installations
________ Communication Facilities
________ Hunting and Fishing
________ Rifle and Pistol Ranges
________ Riding and Hiking Trails
________ Riding Academy
________ Gas & Oil Drilling
________ Vineyards
________ Quarry or other mineral gathering activity
________ Other (describe) _________________________________________________
_______________________________________________________________
5. If the present zoning of this property is other than A (exclusive agricultural) or HR this
application is accompanied by an application to the City of Saratoga to change the zoning to
A or HR Zoning District.
146
6. Attach two completed Land Conservation Contracts which must be signed by all property
owners. All signatures must be properly acknowledged. Separate applications are required if
titles to parcels are vested differently or if parcels of property are non-contiguous.
7. Detach and return completed property rental questionnaire to Assessor.
8. File application with the City Clerk, City of Saratoga, 13777 Fruitvale Avenue, Saratoga,
California 95070. Telephone Number 867-3438.
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SARATOGA CITY COUNCIL
MEETING DATE:September 7, 2016
DEPARTMENT:Finance & Administrative Services Department
PREPARED BY:Mary Furey, Administrative Services Director
SUBJECT:City Manager Annual Performance Pay Increase
RECOMMENDATIONS / ACTIONS:
Approve City Manager’s annual performance pay increase of 2%,effective July 1, 2016.
BACKGROUND
In compliance with the City’s contract titled ‘First Amended Agreement For Employment of City Manager (Effective
Date of July 1, 2015)’,and with AB 1344 (Government Code sections 3511.1 and 3511.2) which provides for greater
transparency of local agency executive’s contracts, the Council recommended annual performance pay increase for the
City Manager shall be placed on the City Council’s regular meeting agenda each year for formal consideration.
Per the contract, “The total salary increase in any year shall not exceed the COLA/CPI increase and an additional amount,
if any, based on performance and a salary survey (using the comparison cities in the Personnel Rules) up to, at most, two
percent (2%), but in no circumstance will an increase move the Employee above the average determined by the salary
survey.”
REPORT DISCUSSION
The City Council held the City Manager performance evaluation in a
closed session meeting on August 17, 2016. Per the terms of the contract,
the Mayor documented the City Council’s evaluation outcome as ‘fully
satisfactory’ in a memo to staff, and directed staff to process a 2%
performance pay increase.
The 2% pay increase is in conformance with the Compensation Changes
and Performance Evaluation section of the contract to not move the
employee above the average. As illustrated in the adjacent chart, the City
Manager’s current salary of $210,600, increased by the recommended 2%
is $214,812. This new annual salary amount is $8,523 below, (3.82%)
the average City Manager salary for comparable cities.
While only salary is compared to other cities for Performance Pay
comparison discussion, total compensation was reviewed and determined
to also be below the average of the comparable cities.
AGENCY ANNUAL
Cupertino 255,156$
San Carlos 247,536
Morgan Hill 233,700
Menlo Park 217,500
Campbell 203,496
Los Gatos 203,004
Los Altos 202,956
Average of Comparable Cities 223,335$
Current Saratoga CM Pay 210,600
2% Performance Pay Increase 4,212
Saratoga CM Pay with Increase 214,812$
Amount below average (8,523)$
Percent below average -3.82%
August, 2016
City Manager Salary Survey
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