HomeMy WebLinkAbout10-05-2016 City Council agenda packet
SARATOGA CITY COUNCIL
REGULAR MEETING
OCTOBER 5, 2016
5:30 P.M. JOINT MEETING
Saratoga Senior Center, Saunders Room | 19655 Allendale Avenue, Saratoga, CA 95070
Joint Meeting with Saratoga Schools
Discussion Topics
7:00 P.M. REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
NOTICE OF TELECONFERENCE LOCATION
TWO COUNCIL MEMBERS WILL BE PARTICIPATING FROM THE FOLLOWING
TELECONFERENCE LOCATION:
HYATT REGENCY LONG BEACH
HARBOR ROOM
200 S. PINE AVENUE
LONG BEACH, CA
Members of the public may attend and make comments from that location.
ROLL CALL
REPORT ON POSTING OF AGENDA
The agenda for this meeting was posted on September 30, 2016.
REPORT FROM JOINT MEETING
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council for up to three (3) minutes on matters
not on the Agenda. The law generally prohibits the City Council from discussing or taking action
on such items. However, the Council may instruct staff accordingly.
ANNOUNCEMENTS
Saratoga City Council Agenda – Page 1 of 5
1. CONSENT CALENDAR
The Consent Calendar contains items of routine business. Items in this section will be acted on in
one motion, unless removed by the Mayor or a Council Member. Any member of the public may
speak on an item on the Consent Calendar at this time, or request that the Mayor remove an item
from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on September 21,
2016.
Staff Report
Attachment A: 09-21-2016 minutes
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
09/15/2016 - Manual Check Period 3; and 09/27/2016 Period 3.
Staff Report
Check Register - 09-15-2016 Period 3-Manual Check
Check Register - 09-27-2016 Period 3
1.3. Treasurer’s Report for the Month Ended July 31, 2016
Recommended Action:
Review and accept the Treasurer’s Report for the month ended July 31, 2016.
Treasurer Report
1.4. Amendments to the City's Williamson Act Procedures
Recommended Action:
Adopt the attached resolution updating the City’s Williamson Act procedures.
Staff Report
Att. A - Resolution to Amend Reso 549 (With Clarifying Changes)
Att. B - Resolution to Amend Reso 549 (Redline of Clarifying Changes)
1.5. Resolution Amending the City of Saratoga Conflict of Interest Code
Recommended Action:
Approve the resolution amending the City of Saratoga Conflict of Interest Code.
Staff Report
Attachment A – Resolution Amending the Saratoga Conflict of Interest Code
Attachment B – Resolution 14-061
Saratoga City Council Agenda – Page 2 of 5
2. PUBLIC HEARING
Items placed under this section of the Agenda are those defined by law as requiring a special
notice and/or a public hearing or those called by the City Council on its own volition. During
Public Hearings for appeals, Applicants/Appellants and/or their representatives have a total of
ten (10) minutes maximum for opening statements. Members of the public may comment on any
item for up to three (3) minutes. The amount of time for public comment may be reduced by the
Mayor or by action of the City Council. After public comment, the Applicant/Appellants and/or
their representatives have a total of five (5) minutes maximum for closing statements. Items
requested for continuance are subject to the City Council's approval at the Council Meeting.
2.1. An Ordinance Amending the City Code Regarding Code Enforcement Related
Regulations Contained In Articles 15-12 And 15-30 (Storage Of Personal Property,
Materials And Signs); Article 9-60 (Bicycles Licenses); And Chapter 3 (Provisions For
Various Enforcement Procedures)
Recommended Action:
1. Conduct a public hearing.
2. Introduce and waive the first reading of the ordinance.
3. Direct staff to place the ordinance and associated bail schedules on the Consent Calendar
for adoption at the next regular meeting of the City Council.
Staff Report
Attachment A: Ordinance
Attachment B: Bail Schedule
Attachment C: Parking Fine Schedule
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Citywide Transportation Needs Assessment Work Plan
Recommended Action:
Approve the Citywide Transportation Needs Assessment, including the senior transportation
pilot, and authorize the City Manager to execute an agreement with Fehr & Peers in an
amount not to exceed $34,000 to conduct an assessment of transportation needs in Saratoga.
Staff Report
Attachment 1 – Fehr & Peers Citywide Transportation Needs Assessment Proposal
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
Saratoga City Council Agenda – Page 3 of 5
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
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
30, 2016 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's
website at www.saratoga.ca.us.
Signed this 30th day of 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
Saratoga City Council Agenda – Page 4 of 5
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us.
Any materials distributed by staff after the posting of the agenda are made available for public
review at the office of the City Clerk at the time they are distributed to the City Council. These
materials are also posted on the City website.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting. [28 CFR 35.102-35.104 ADA title II]
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
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with Saratoga Schools
October 5, 2016 | 5:30 p.m.
Saratoga Senior Center | Saunders Room
5:30 p.m. Introductions
5:45 p.m.Emergency Preparation and Communications
Discussion of emergency preparation and
opportunities to strengthen communications
between the City and Saratoga school partners
during a disaster.
6:20 p.m.Updates from Schools
6:45 p.m.Other Remarks & Wrap Up
Dinner will be provided at the Joint Meeting.
The Regular Session of the City Council begins at 7:00 p.m. in the Civic
Theater. Joint Meeting attendees are invited to attend the Regular Session
and share an overview of the Joint Meeting.
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SARATOGA CITY COUNCIL
MEETING DATE:October 5, 2015
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider,Acting City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on September 21, 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 September 21, 2016
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MINUTES
WEDNESDAY, SEPTEMBER 21, 2016
SARATOGA CITY COUNCIL REGULAR MEETING
At 4:30 p.m., Mayor Cappello called to order a Study Session on the Arrowhead Community
Facilities District in the Administrative Conference Room at 13777 Fruitvale Avenue.
The Council received a report on changed circumstances since the project’s inception
including San Jose Water Company’s inability to provide indemnification to the
City. The City Council directed staff to bring the matter forward when the relevant
documents are ready for consideration by the Council.
At 5:00 p.m., Mayor Cappello called to order the Joint Meeting with the Youth Commission in
the Administrative Conference Room at 13777 Fruitvale Avenue, Saratoga.
At 6:00 p.m., Mayor Cappello called to order the Joint Meeting with the Saratoga Area Senior
Coordinating Council (SASCC) in the Administrative Conference Room at 13777 Fruitvale
Avenue, Saratoga.
At 7:02 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
REPORT ON POSTING OF AGENDA
City Clerk Crystal Bothelio reported that the agenda for this meeting was posted on September
16, 2016.
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/Asst. to City Manager
John Cherbone, Public Works Director
Michael Taylor, Recreation & Facilities Director
Mary Furey, Administrative Services Director
Leo Salindong, IT Administrator
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ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Chair Shefali Vijay and Vice Chair Sathvik Kaliyur of the Youth Commission gave an overview
of their Joint Meeting with the City Council. The Youth Commission plans include activities that
encourage youth involvement and improving outreach to schools about their planned events.
Tylor Taylor, SASCC Executive Director, gave an overview of the SASCC Joint Meeting with
the City Council. He discussed the City’s and SASCC’s efforts to become an age-friendly
community and thanked the City Council for the grant that allowed an age-friendly assessment of
the City.
Cheriel Jensen spoke on fluoride in water.
Bob Lans spoke on concerns about security in the community.
Chuck Page, former Mayor, spoke on the Williamson Act Resolution that the Council passed at
the September 7, 2016 Council meeting.
Council Member Miller and Council Member Bernald requested a City Council newsletter item
or memo on the basics of the Williamson Act.
ANNOUNCEMENTS
Council Member Kumar spoke about an article in the San Jose Mercury News about toxic algae
in water. He also reported that at the October 19 Council meeting, the City attorney will have a
report on how water rates are decided. Council Member Kumar also announced the October 19
Neighborhood Watch Joint Meeting with the City Council. In addition, the Fall semester of the
Debate Academy is opening on September 25 and open every Sunday.
Council Member Miller and Council Member Bernald had no announcements.
Vice Mayor Lo announced that the Saratoga Library has a new program, Adult Social Hours at
10:30 a.m. every Wednesday.
Mayor Cappello announced the Neighborhood Watch Joint meeting on October 19 at 5:30 p.m.
in the Senior Center. This meeting is for those interested in establishing a Neighborhood Watch
in their area. He also announced that the City is currently recruiting commissioners for the
Traffic Safety Commission and the Heritage Preservation Commission with more information
available on the City’s website.
CEREMONIAL ITEMS
Appointment of Parks and Recreation and Library Commissioners and Oath of Office
Recommended Action:
Approve the attached resolution appointing 1 member to the Parks and Recreation
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Commission and 2 members to the Library Commission; and direct the City Clerk to
administer the Oath of Office.
RESOLUTION 16-055
MILLER/BERNALD MOVED TO APPROVE THE APPOINTMENT OF 1 MEMBER
OF THE PARKS AND RECREATION COMMISSION AND 2 MEMBERS OF THE
LIBRARY COMMISSION;AND DIRECT THE CITY CLERK TO ADMINISTER
THE OATH OF OFFICE. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
City Clerk Crystal Bothelio administered the Oath of Office to the Parks and Recreation
Commissioner and the 2 Library Commissioners.
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on September 7,
2016.
MILLER/LO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE
REGULAR CITY COUNCIL MEETING ON SEPTEMBER 7, 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:
9/6/2016 Period 3 and 9/13/2016 Period 3.
MILLER/LO MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING
ACCOUNTS PAYABLE PAYMENT CYCLES: 9/6/2016 PERIOD 3 AND 9/13/2016
PERIOD 3.MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.3. Highway 9 Improvements Phase IV - Construction Bids Rejection
Recommended Action:
Reject all bids for Highway 9 Improvements Phase IV.
MILLER/LO MOVED TO REJECT ALL BIDS FOR HIGHWAY 9
IMPROVEMENTS PHASE IV. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
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1.4. Third Amendment to the Santa Clara Valley Urban Runoff Pollution Prevention
Program Agreement
Recommended Action:
Authorize the City Manager to sign a Third Amendment to the Memorandum of Agreement
(MOA).
MILLER/LO MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN A THIRD
AMENDMENT TO THE MEMORANDUM OF AGREEMENT (MOA). MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.5. Commission Handbook Update
Recommended Action:
Approve the updated Commission Handbook and authorize staff to update the handbook as
needed in the future.
Council Member Miller removed this item to discuss the recommended action for the
handbook.
MILLER/KUMAR MOVED TO APPROVE THE UPDATED COMMISSION
HANDBOOK AND AUTHORIZE STAFF TO MAKE INTERIM UPDATES AS
NEEDED IN THE FUTURE, AND TO BRING THE COMMISSION AND CITY
COUNCIL HANDBOOKS TO CITY COUNCIL FOR APPROVAL AFTER CITY
COUNCIL ELECTIONS. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
2. PUBLIC HEARING
None
3.OLD BUSINESS
None
4.NEW BUSINESS
4.1. Award of Contract for Website Design, Hosting, and Maintenance
Recommended Action:
Authorize the City Manager to execute the agreement with CivicPlus for website and
intranet design, hosting, and maintenance in an amount not to exceed $83,547 for a term of
4 years.
City Clerk/Assistant to City Manager Crystal Bothelio provided a staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
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MILLER/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AGREEMENT WITH CIVICPLUS FOR WEBSITE AND INTRANET
DESIGN, HOSTING, AND MAINTENANCE IN AN AMOUNT NOT TO EXCEED
$83,547 FOR A TERM OF 4 YEARS. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
4.2. Public Safety Initiative Work Plan
Recommended Action:
Approve the proposed work plan to implement the Public Safety Initiative.
City Manager James Lindsay provided a staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
MILLER/LO MOVED TO APPROVE THE PROPOSED WORK PLAN TO
IMPLEMENT THE PUBLIC SAFETY INITIATIVE.
Council Member Miller asked to amend the motion by asking the Finance Committee to
provide a recommendation to the City Council on a Neighborhood Watch Grant program.
MILLER/LO MOVED TO APPROVE THE PROPOSED WORK PLAN TO
IMPLEMENT THE PUBLIC SAFETY INITIATIVE AND TO ASK THE FINANCE
COMMITTEE TO PROVIDE A RECOMMENDATION TO THE CITY COUNCIL
ON A NEIGHBORHOOD WATCH GRANT PROGRAM.MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
4.3. Sport User Field Rental Budget Adjustment
Recommended Action:
Approve the attached Budget Adjustment Resolution to amend the Fiscal Year 2016/17
Operating Budget to increase expenditure funding by $70,770 for prior year sport user field
rental fees.
Recreation & Facilities Director Michael Taylor provided a staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
BERNALD/MILLER MOVED TO APPROVE THE ATTACHED BUDGET
ADJUSTMENT RESOLUTION TO AMEND THE FISCAL YEAR 2016/17
OPERATING BUDGET TO INCREASE EXPENDITURE FUNDING BY $70,770
FOR PRIOR YEAR SPORT USER FIELD RENTAL FEES.MOTION PASSED.
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AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
4.4. Budget Adjustment to Authorize and Fund the New Bainter Avenue Retaining Wall
CIP
Recommended Action:
1. Adopt resolution authorizing the Bainter Avenue Retaining Wall Capital Improvement
Project (9153-004) and transferring funds from the Hillside Stability Reserve to FY 2016/17
Capital Improvement Budget in the amount of $210,000 to fund the project.
2. Approve design contract with Cotton, Shires and Associates, Inc. for the same project in
the amount of $29,500 and authorize staff to approve change orders up to $3,000.
Public Works Director John Cherbone provided a staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
RESOLUTION 16-056
BERNALD/MILLER MOVED TO 1. ADOPT RESOLUTION AUTHORIZING THE
BAINTER AVENUE RETAINING WALL CAPITAL IMPROVEMENT PROJECT
(9153-004) AND TRANSFERRING FUNDS FROM THE HILLSIDE STABILITY
RESERVE TO FY 2016/17 CAPITAL IMPROVEMENT BUDGET IN THE
AMOUNT OF $210,000 TO FUND THE PROJECT.
2. APPROVE DESIGN CONTRACT WITH COTTON, SHIRES AND ASSOCIATES,
INC. FOR THE SAME PROJECT IN THE AMOUNT OF $29,500 AND
AUTHORIZE STAFF TO APPROVE CHANGE ORDERS UP TO $3,000.
3. RESTORE FULL FUNDING IN HILLSIDE RESERVE IN FY 2017/18 BUDGET.
4. DIRECT FINANCE COMMITTEE TO EVALUATE HILLSIDE RESERVE
AMOUNT.MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
4.5. League of California Cities Annual Conference Resolution
Recommended Action:
Provide input to the City’s voting delegate (Vice Mayor Emily Lo) and the alternate
delegates (Council Members Bernald and Kumar) on the resolution to be considered at the
League of California Cities Annual Conference.
City Clerk/Assistant to City Manager Crystal Bothelio provided a staff report.
City Council discussed the resolution to be considered at the League of California Cities
Annual Conference.
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CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Saratoga Area Senior Coordinating Council (SASCC)-the Board discussed the results of the Age
Friendly Assessment survey.
West Valley Mayors and Managers –Santa Clara County Supervisor Joe Simitian attended and
spoke on transportation, housing, seniors, and what the County is doing in each area. Also
discussed were bee-keeping regulations at the request of Monte Sereno.
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee-the Hakone Centennial Gala was September
18, it was well attended and an enjoyable evening.
Public Art Ad Hoc-the PLACE art from Montalvo has been moved to the Saratoga Library. The
ribbon cutting will be October 27 at 4:45 p.m. and everyone is welcome to attend.
On September 22, Vice Mayor Lo is attending a Santa Clara County All-Hazards Emergency
Training Workshop.
Council Member Mary-Lynne Bernald
Association of Bay Area Governments-attended the Santa Clara County ABAG delegate meeting.
ABAG Director Erza Rappaport has submitted retirement paperwork. There was discussion on
how to allocate RHNA numbers, on transportation, and the merger with MTC. The deadline for
comments on the ONE PLAN BAY AREA is October 14.
Cities Association of Santa Clara County-Selection Committee –the Committee reviewed six
propositions that are on the November ballot. The Committee supported Propositions 54, 63, and
67. They had no position on Proposition 64 and supposed Proposition 65.
Saratoga Historical Foundation-attended the Mid-Autumn Festival. The museum did a lovely
job on the festival.
Saratoga Sister City Organization-attended the Sister City New Moon viewing.
KSAR Community Access TV Board –attended this meeting on behalf of Vice Mayor Lo. At the
meeting they reviewed the reformatted treasurer’s report and changed the meeting schedule to
every other month. The Board missed having Jill Hunter at the meeting and wished her a speedy
recovery.
Council Member Bernald had a meeting with Supervisor Simitian to discuss options on the FAA
Select Committee on South Bay Arrivals and to also discuss the Hakone Foundation Board. The
result is that there will be a dedicated staff member from the Supervisor’s Office for Hakone
Estate and Gardens.
Council Member Howard Miller
Council Finance Committee –the yearly audit of the City’s finances is starting soon.
Silicon Valley Clean Energy Authority Board of Directors-the board was giving final direction
on leasing space for an office. The hearing and decision by the Public Utilities Commission
(PUC) on approval to begin process should be very soon.
Valley Transportation Authority (VTA) Policy Advisory Committee-was supposed to be having a
workshop this upcoming Friday on fare recovery for bus lines, but it has been postponed. A
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report has come out that to achieve fare recovery, the VTA must reduce lower ridership bus
lines.
VTA State Route 85 Corridor Policy Advisory Board-the Board took July and August off. They
will be meeting next week.
Council Member Rishi Kumar
Santa Clara Valley Water District Commission-he talked with San Jose Water to discuss toxic
algae rampant in California water system. Both San Jose Water and Santa Clara Valley Water
District have many quality checks to make sure our water is not affected.
Saratoga Ministerial Association –is meeting next Wednesday.
Council Member Kumar is attending the Silicon Valley Leadership Group’s meeting, Game
Changers, tomorrow. Topics will include transportation and disruptive technology.
CITY COUNCIL ITEMS
Council Member Kumar brought up the officer involved shooting on Titus Avenue.
CITY MANAGER'S REPORT
City Manager James Lindsay thanked the 60
th Anniversary Parade resident group for their
fantastic job on last week’s parade.
Council Member Miller suggested we bring the volunteers to a Council meeting to honor them.
Mayor Cappello agreed and will work with staff for a date.
ADJOURNMENT
BERNALD/LO MOVED TO ADJOURN AT 9:16 P.M. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, Deputy City Clerk
City of Saratoga
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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:
9/15/2016 Period 3 Manual Check
9/27/2016 Period 3
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 #
9/15/16 131704 131704 1 93,120.00 09/15/16 09/13/16 131703
9/27/16 131705 131770 66 207,131.87 09/28/16 09/15/16 131704
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
09/13/16 131704 CDD 93,120.00
09/15/16 131718 Rec/Rsk Mgt 41,979.95
09/15/16 131725 PW 69,272.11
Accounts Payable checks voided during this time period:
AP Date Check #Amount
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
General
Q Insurance Prem
Blue Creek Properties
Fund Purpose
Bond Release
SARATOGA CITY COUNCIL
MEETING DATE:October 5, 2016
DEPARTMENT:Finance & Administrative Services
PREPARED BY:
Ending
Check #Type of Checks Date Starting Check #
Accounts Payable
Accounts Payable
Comp Shared Risk Pool Worker's Comp Fund
Issued to
2016 PMP ProgramG. Bortolotto & Company Gas Tax Fund
N/A
Reason Status
Prior Check Register
Checks
Released
Total
Checks Amount
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SARATOGA CITY COUNCIL
MEETING DATE: October 5, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended July 31, 2016
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended July 31, 2016.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of July 31, 2016, the City had $440,132 in cash deposit at Comerica bank, and $19,573,592 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 July 31, 2016 is $20,013,724 and
exceeds the minimum limit required.
City’s Current Financial Position
In accordance with California government code section 53646 (b) (3), the City is financially well positioned
and able to meet its expenditure requirements for the next six months. As of July 31, 2016, the City’s
financial position (Assets $21.1M, Liabilities $3.1M and Fund Equity $18M) remains very strong and there
are no issues in meeting financial obligations now or in the foreseeable future.
Unrestricted Cash
Comerica Bank 440,132$
Deposit with LAIF 19,573,592$
Total Unrestricted Cash 20,013,724$
Cash Summary
22
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.
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.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 20,013,724$
Plus: Assets 1,105,455
Less: Liabilities (3,143,611)
Ending Fund Balance 17,975,568$
Adjusting Cash to Ending Fund Balance
23
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/16
Increase/
(Decrease)
Jul
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
7/31/16
General Fund
Restricted Fund Balances:
Environmental Services Reserve 313,182 - - - - - 313,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 1,472,408 - - - - - 1,472,408
Facility Reserve 1,200,000 - - - - - 1,200,000
Carryforwards Reserve - - - - - - -
Unassigned Fund Balances: -
Working Capital Reserve 1,000,000 - - - - - 1,000,000
Fiscal Stabilization Reserve 2,250,000 - - - - - 2,250,000
Development Services Reserve 719,562 - - - - - 719,562
Compensated Absences Reserve 209,937 - - - - - 209,937
Other Unassigned Fund Balance Reserve (Pre YE distributio n 2,475,531 - 360,419 1,598,408 - - 1,237,543
General Fund Total 10,640,620 - 360,419 1,598,408 - - 9,402,632
Special Revenue
Landscape/Lighting Districts 1,005,796 - - 3,454 - - 1,002,342
Capital Project
Street Projects 1,559,080 - - 1,187 - - 1,557,894
Park and Trail Projects 471,639 - - - - - 471,639
Facility Projects 245,639 - - - - - 245,639
Administrative Projects 667,699 - 2,725 165 - - 670,259
Tree Fund Projects 94,100 - - - - - 94,100
Park In-Lieu Fees Projects 495,465 - - - - - 495,465
CIP Grant Street Projects 25,310 - - - - - 25,310
CIP Grant Park & Trail Projects 21,206 - - - - - 21,206
Gas Tax Fund Projects 1,135,927 - - 1,021 - - 1,134,907
CIP Fund Total 4,716,065 - 2,725 2,372 - - 4,716,418
Debt Service
Library Bond 922,952 - - 664,168 - - 258,785
Internal Service Fund
Liability/Risk Management 376,488 - - 136,915 - - 239,573
Workers Compensation 304,401 - - 935 - - 303,466
Office Support Fund 96,172 - 371 5,958 - - 90,586
Information Technology Services 274,223 - - 38,019 - - 236,204
Equipment Maintenance 165,949 - - 5,478 - - 160,471
Building Maintenance 370,717 - - 30,275 - - 340,442
Equipment Replacement 611,708 - - 612 - - 611,096
Technology Replacement 274,339 - - - - - 274,339
Building FFE Replacement 339,222 - - - - - 339,222
Total City 20,098,652 - 363,516 2,486,593 - - 17,975,568
24
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund Balance
7/1/16
Increase/
(Decrease)
Jul
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
7/31/16
Street Projects
Annual Road Improvements 630,647 - - 1,187 - - 629,460
Roadway Safety & Traffic Calming 51,574 - - - - - 51,574
Highway 9 Safety Project - Phase IV 120,149 - - - - - 120,149
Beaumont Traffic Circle 30,000 - - - - - 30,000
Village LED Streetlights 4,835 - - - - - 4,835
Annual Infrastructure Maintenance& Repair 88,517 - - - - - 88,517
Village Pedestrian Improvements - Phase II 18,424 - - - - - 18,424
EL Camino Grande SD Pump 142,988 - - - - - 142,988
Storm Drain Capture Device 30,000 - - - - - 30,000
Wildcat Creek Outfall 40,000 - - - - - 40,000
Fourth Street Bridge Widening 100,000 - - - - - 100,000
Quito Road Bridge Replacement 157,830 - - - - - 157,830
Quito Road Bridge - ROW ACQ 45,373 - - - - - 45,373
Underground Project 98,744 - - - - - 98,744
Total Street Projects 1,559,080 - - 1,187 - - 1,557,894
Parks & Trails Projects
Park/Trail Repairs 618 - - - - - 618
Sustainable Landscaping 72,160 - - - - - 72,160
Hakone Gardens Miscellaneous Improvements 96,548 - - - - - 96,548
Hakone Gardens Infrastructure Improvements 122,435 - - - - - 122,435
Saratoga to the Sea Trail Construction 100,000 - - - - - 100,000
Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997
Guava/Fredericksburg Entrance 45,880 - - - - - 45,880
Total Parks & Trails Projects 471,639 - - - - - 471,639
Facility Projects
Security Locks 23,375 - - - - - 23,375
ENG/CDD Window Replacement 2,238 - - - - - 2,238
Civic Theater Improvements 90,660 - - - - - 90,660
SPCC Furniture & Fixtures 13,896 - - - - - 13,896
Library Building Exterior Maintenance Projects 15,470 - - - - - 15,470
Library - EV FC Station 100,000 - - - - - 100,000
Total Facility Projects 245,639 - - - - - 245,639
Administrative Projects
COMB Document Imaging Project 43,973 - - - - - 43,973
City Website/Intranet 69,409 - - - - - 69,409
Development Technology 44,113 - 2,725 - - - 46,838
Trak-It Software Upgrade 42,733 - - - - - 42,733
LLD Initiation Match Program 24,000 - - - - - 24,000
Horseshoe Beautification 25,000 - - - - - 25,000
General Plan Update 200,000 - - - - - 200,000
Village Façade Program 15,751 - - - - - 15,751
Village Specific Plan Update 47,606 - - 165 - - 47,441
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 90,115 - - - - - 90,115
CIP ADMIN - UNALLOCATED 40,000 - - - - - 40,000
Total Administrative Projects 667,699 - 2,725 165 - - 670,259
25
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund Balance
7/1/16
Increase/
(Decrease)
Jul
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
7/31/16
Tree Fund Projects
Citywide Tree Planting Program 70,850 - - - - - 70,850
Tree Dedication Program 21,500 - - - - - 21,500
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 94,100 - - - - - 94,100
CIP Grant Street Projects
Prospect/Saratoga Median Improvement (40) - - - - - (40)
Citywide Signal Upgrade II (965) - - - - - (965)
Saratoga Ave Sidewalk 26,316 - - - - - 26,316
Total CIP Grant Street Projects 25,310 - - - - - 25,310
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 8,397 - - - - - 8,397
Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 21,206 - - - - - 21,206
Park In-Lieu Fees Projects
Unallocated Park Fees 495,465 - - - - - 495,465
Total park In-Lieu Fees Projects 495,465 - - - - - 495,465
Gas Tax Fund Projects
Annual Roadway Improvements 572,850 - - 1,021 - - 571,829
Prospect/Saratoga Median Improvements 395,244 - - - - - 395,244
Citywide Signal Upgrade II 99,759 - - - - - 99,759
Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000
Big Basin Way Sidewalk Repairs 20,990 - - - - - 20,990
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 1,135,927 - - 1,021 - - 1,134,907
Total CIP Funds 4,716,065 - 2,725 2,372 - - 4,716,418
26
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
27
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
28
SARATOGA CITY COUNCIL
MEETING DATE:October 5, 2016
DEPARTMENT:City Attorney’s Office
PREPARED BY:Richard Taylor, City Attorney
SUBJECT:Amendments to the City’s Williamson Act Procedures
RECOMMENDED ACTION:
Adopt the attached resolution updating the City’s Williamson Act procedures.
BACKGROUND:
At its September 7, 2016 meeting the City Council approved a resolution updating the City’s
Williamson Act procedures from those adopted in 1970. As part of the approval the City
Council directed the City Attorney’s office to revise the resolution to remove surplus wording
and improve overall readability without making substantive changes.
In the course of the update,staff determined that the Williamson Act process could be further
streamlined by making two changes that were not discussed with the Council on September 7.
The 1970 resolution required all changes to the application form to be approved by the City
Council and imposed a similar requirement on the form contract to be used. The attached
resolution would delete those requirements in addition to making a number of non-substantive
revisions.
The City does not require Council approval of any land use application forms other than for
Williamson Act contracts. There does not appear to be any rationale to treat the Williamson Act
application form differently than those for other City approvals. Because the Council must
approve all Williamson Act contracts it has the opportunity to request any information not
included in the original application form if necessary.
Similarly, because the City Council must approve all Williamson Act contracts there is no need
to have the City Council approve the form for contract in advance. State law formerly required
such advance approval b ut that requirement has been removed. Removing this requirement from
the City’s procedures will allow staff to work with applicants to use contracts that meet the
requirements of state law while also addressing the unique circumstances of each property.
Council will have the ultimate discretion as to whether a specific contract may be approved. In
addition, to ensure there is a clear understanding of the types of uses allowed (and not allowed)
under a Williamson Act contract, the resolution has been revised to include an attachment listing 29
land uses determined to be compatible with the agricultural use of the land subject to a land
conservation contract. This will help ensure that contracts are entered only in situations where
agricultural resources will be truly protected.
The resolution proposed for adoption by the City Council is included as Attachment A.
Attachment B shows changes to the wording in the text of the resolution from the version
considered by the Council on September 7.
ATTACHMENTS:
Attachment A – Resolution Amending City of Saratoga Williamson Act Procedures.
Attachment B – Redline showing Resolution text changes from September 7, 2016
823417.3
30
1
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 the Williamson 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 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 the
Williamson 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 that
establishing agricultural preserves in the Hillside Residential “HR” zoning district is consistent
with the permitted uses within the “HR” zoning district, and
WHEREAS, the Williamson Act directs cities to state by resolution the
procedures for initiating, filing and processing requests for the establishment of such agricultural
preserves,
WHEREAS, this Resolution amends the procedures for initiating, filing, and
processing requests to establish agricultural preserves pursuant to Government Code Section
51231, 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)).
31
2
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as
follows:
The establishment of an agricultural preserve may be initiated either by the City
Council, or upon an application therefor by owner(s) of the property within the proposed
preserve. 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 other than by 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,
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 owners 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 Community
Development Director;
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
by the Community Development Director, 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 adequacy
and completeness and upon determining the application as properly executed and
complete, the City Clerk shall then:
32
3
(a) Promptly submit the application and accompanying data to the City’s
Community Development 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) Set a public hearing for consideration of the application before the City
Council, publishing notice of the same once in a newspaper of general
circulation at least ten (10) days prior to the date of the hearing, and
sending a copy of said notice, postage prepaid, to all owners who have
their addresses set forth on the application.
3. A.At the time and place of the public hearing on the request to establish an
agricultural preserve , the City Council shall hear all interested persons. The hearing may
be continued from time to time. Following the public hearing the City Council may
either reject the request, or may by resolution establish all or any portion of the lands
included in the request as an agricultural preserve. Alternatively, the City Council may
abandon the proceedings prior to the public hearing by a resolution setting forth the
reasons for such abandonment.
B.Each resolution establishing an agricultural preserve shall contain a finding of
compatible uses within the preserve, and establish uniform rules for administering that
preserve as deemed advisable by the City Council.
C.In no event shall the City Council adopt a resolution establishing an agricultural
preserve until either (i) it has received a report on the request from the Community
Development Department, or (ii) the expiration of thirty (30) days from the date the
request was submitted to the Department in the event the Department fails to make a
report.
4.In the resolution establishing an agricultural preserve or at any time after its
adoption, the City Council may authorize the City Manager to enter into a land
conservation contract with any owner or owners of land within the preserve.
5.Attached hereto and marked as Exhibit “A,” Land Conservation Contract:
Compatible Uses, is a list of land uses determined to be compatible with the agricultural
use of the land subject to a land conservation contract, which may be revised from time to
time by the City Council.
6.The City Clerk shall cause a duplicate original of each land conservation contract
to be recorded with the Santa Clara County Recorder within twenty (20) days after
complete execution, and shall file a copy with the Santa Clara County Assessor.
(Continued next page)
33
4
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 5th day of
October, 2016, by the following vote:
AYES:
NOES
ABSENT:
________________________
E. Manny Cappello, Mayor
ATTEST: ________________________
Crystal Bothelio, City Clerk
34
5
EXHIBIT “A”
LAND CONSERVATION CONTRACT
COMPATIBLE USES
The following is a list of land uses determined to be compatible with the agricultural use of the
land subject to this agreement, when established in accord with the zoning regulations applicable
in the zoning district in which said land lies:
1. The drying, packing or other processing of an agricultural commodity usually
performed on the premises where it is produced but not including slaughter houses,
fertilizer yards, bone yards or plants for the reduction of animal of vegetable matter.
2. Structures necessary and incidental to the agricultural use of the land.
3. The holding of nonproducing land for future agricultural use.
4. The maintenance of land in its natural state for the purpose of preserving open space
for recreation or plant or animal preserves.
5. Single family dwellings incidental to the agricultural use of the land for the residence
of the owner, and the family of the owner or Single family dwellings incidental to the
agricultural use of the land for the residence of the lessee of the land and the family of
the lessee.
Owner or lessee shall be construed to include:
(a) stockholders in family corporations
(b) beneficiaries of family trusts and estates
(c) owners of undivided partial interests in the fee
(d) joint tenants
6. Dwellings for persons employed by owner or lessee in the agricultural use of the land.
7. The construction and maintenance of a stand or shelter for the sale of agricultural
commodities produced on the land.
8. The erection, construction, alteration or maintenance of gas, electric, water or
communication utility facilities in compliance with Saratoga City Ordinance NS-3.20.
9. Public or private fishing.
10. Public or private riding or hiking trails.
11. Stables and the boarding of horses or other livestock but not including an animal
hospital or kennel.
823416.1
35
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 saidthe Williamson 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 saidthe Williamson 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 that
establishing agricultural preserves in the Hillside Residential “HR” zoning district is consistent
with the permitted uses within the “HR” zoning district, and
WHEREAS, saidthe Williamson 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 nowthis Resolution amends the procedures for
initiating, filing, and processing requests to establish agricultural preserves pursuant to
Government Code Section 51231, 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)).
1
36
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as
follows:
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(s) 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 ofby 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 applicantowners 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
formCommunity Development Director;
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 Councilby the Community Development Director, 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
37
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 sameapplication as properly executed and
complete, shethe City Clerk shall then:
(a) ForthwithPromptly submit the application and accompanying data to the
City’s PlanningCommunity Development 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 onfor consideration of the application before
the City Council, publishing notice of the same once in a newspaper of
general circulation at least ten (10) days prior to the date of the hearing,
and sending a copy of said notice, postage prepaid, to all applicantsowners
who have their addresses set forth on the application.
3. A. At the time and place of the public hearing on the applicationrequest to establish
an agricultural preserve , the City Council shall hear all persons interested therein, and
thereafter persons. The hearing may be continued from time to time. Following the
public hearing the City Council may either terminate said proceedingsreject the request,
or may by resolution establish all ofor any portion of the lands included in the
applicationrequest as an agricultural preserve. Said public hearing may be continued
from time to time, and in no event shallAlternatively, the City Council adoptmay
abandon the proceedings prior to the public hearing by 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. setting forth the reasons for such abandonment.
B. Each resolution establishing an agricultural preserve shall contain a finding of
compatible uses within the preserve, and shall set forth suchestablish uniform rules for
administering that preserve as may be deemed advisable and necessary by the City
Council.
At any time at or after adoptingC. In no event shall the City Council adopt a
resolution establishing an agricultural preserve until either (i) it has received a report on
the request from the Community Development Department, or (ii) the expiration of thirty
(30) days from the date the request was submitted to the Department in the event the
Department fails to make a report.
4. In the resolution establishing an agricultural preserve or at any time after its
adoption, the City Council may authorize the Mayor of said City Manager to enter into a
land conservation agreementcontract 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.
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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.
6.5. Attached hereto and marked, respectively, Exhibits “A” and “B”, are forms for
the application for creation of an agricultural preserve and for as Exhibit “A,” Land
Conservation Contract: Compatible Uses, is a list of land uses determined to be
compatible with the agricultural use of the land subject to a land conservation contract,
which forms are specifically referred to and approved as official forms of this may be
revised from time to time by the City Council.
7.6. The City Clerk shall cause a duplicate original of each land conservation
agreementcontract to be recorded with the Santa Clara County Recorder within twenty
(20) days after the completedcomplete 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.
(Continued next page)
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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 5th day of
October, 2016, by the following vote:
AYES:
NOES
ABSENT:
________________________
E. Manny Cappello, Mayor
ATTEST: ________________________
Crystal Bothelio, City Clerk
817340.5
5
40
SARATOGA CITY COUNCIL
MEETING DATE:June 1, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Resolution Amending the City of Saratoga Conflict of Interest Code
RECOMMENDED ACTION:
Approve the resolution amending the City of Saratoga Conflict of Interest Code.
BACKGROUND:
The California Political Reform Act requires City Council Members, Planning Commissioners,
City Managers, and City Attorneys to disclose financial interests through the Form 700 –Statement
of Economic Interests. The purpose of financial disclosure is to call attention to personal economic
interests that might result in a conflict of interest. The Form 700 must be filed when assuming
office, leaving office, and once per year.
The Act also requires local agencies to adopt, and biennially review, a Conflict of Interest Code
that identifies additional positions in the organization that make or participate in making decisions
that could have a material effect on any financial interest.This includes making substantive
recommendations that are regularly approved without significant amendment or modification, as
well advising or making recommendations to a decision-maker directly or without significant
intervening substantive review. Individuals in these designated positions must disclose financial
interests through the Form 700.
The Conflict of Interest Code must be reviewed every two years. The last update was made in 2014
via Resolution 14-061.The attached resolution includes provisions required by State law and
updates to the list of designated positions required to file a Form 700.
ATTACHMENTS:
Attachment A –Resolution Amending the Saratoga Conflict of Interest Code
Attachment B –Resolution 14-061
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RESOLUTION NO. 16-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY OF SARATOGA CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or
local government agency to adopt and promulgate a Conflict of Interest Code (Code) and requires the City Council
to act as the code-reviewing body of its Conflict of Interest Code; and
WHEREAS, the City of Saratoga’s Code was adopted by Resolution No. 01-011 on February 21, 2001
and adopted, by reference, the Fair Political Practices (FPPC) Model Conflict of Interest Code set forth in Title
2, Section 18730 of the California Code of Regulations; and
WHEREAS, the Political Reform Act requires biennial review of the Code and the Code has been
reviewed and updated as required, including an updated list of designated positions required to disclose personal
economic interests; and
WHEREAS, the City has completed its review of the Code as required for 2016 and this Conflict of
Interest Code shall supersede all previous Codes, policies, and understandings related to the City of Saratoga
Conflict of Interest Code.
NOW, THEREFORE, the City Council of the City of Saratoga hereby amends the City of Saratoga Conflict of
Interest Code to provide:
The terms of 2 California Code of Regulations Section 18730 (Exhibit A) and any amendments to it duly adopted
by the Fair Political Practices Commission are hereby incorporated and made a part of this Code by reference.
This regulation and the attached Exhibit B, designating positions and establishing disclosure categories, shall
constitute the conflict of interest code of the City of Saratoga (City).
Individuals holding designated positions shall file their statements of economic interests with the City, which will
make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). All statements will
be retained by the City.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council
held on the 5th day of October 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
Attest:
Crystal Bothelio, City Clerk
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(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of
Regulations.)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation
of employees and the formulation of disclosure categories in the Appendix referred to below
constitute the adoption and promulgation of a conflict of interest code within the meaning of
Section 87300 or the amendment of a conflict of interest code within the meaning of Section
87306 if the terms of this regulation are substituted for terms of a conflict of interest code
already in effect. A code so amended or adopted and promulgated requires the reporting of
reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7
of the Political Reform Act, Sections 81000, et seq . The requirements of a conflict of interest
code are in addition to other requirements of the Political Reform Act, such as the general
prohibition against conflicts of interest contained in Section 87100, and to other state or local
laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant
to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair
Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or
regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.
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The persons holding positions listed in the Appendix are designated employees. It has
been determined that these persons make or participate in the making of decisions which may
foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees
who are also specified in Section 87200 if they are designated in this code in that same capacity
or if the geographical jurisdiction of this agency is the same as or is wholly included within the
jurisdiction in which those persons must report their economic interests pursuant to article 2 of
chapter 7 of the Political Reform Act, Sections 87200, et seq .
In addition, this code does not establish any disclosure obligation for any designated
employees who are designated in a conflict of interest code for another agency, if all of the
following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included
within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required
under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
(C) The filing officer is the same for both agencies. 1
Such persons are covered by this code for disqualification purposes only. With respect to
all other designated employees, the disclosure categories set forth in the Appendix specify which
kinds of economic interests are reportable. Such a designated employee shall disclose in his or
her statement of economic interests those economic interests he or she has which are of the kind
described in the disclosure categories to which he or she is assigned in the Appendix. It has been
determined that the economic interests set forth in a designated employee's disclosure categories
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are the kinds of economic interests which he or she foreseeably can affect materially through the
conduct of his or her office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file
statements of economic interests with the agency or with the code reviewing body, as provided
by the code reviewing body in the agency's conflict of interest code. 2
(5) Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective
date of this code, as originally adopted, promulgated and approved by the code reviewing body,
shall file statements within 30 days after the effective date of this code. Thereafter, each person
already in a position when it is designated by an amendment to this code shall file an initial
statement within 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the
effective date of this code shall file statements within 30 days after assuming the designated
positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than
April 1. If a person reports for military service as defined in the Servicemember's Civil Relief
Act, the deadline for the annual statement of economic interests is 30 days following his or her
return to office, provided the person, or someone authorized to represent the person's interests,
notifies the filing officer in writing prior to the applicable filing deadline that he or she is subject
to that federal statute and is unable to meet the applicable deadline, and provides the filing
officer verification of his or her military status.
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(D) Leaving Office Statements. All persons who leave designated positions shall file
statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the
date of notice provided by the filing officer to file an assuming office statement, is not deemed to
have assumed office or left office, provided he or she did not make or participate in the making
of, or use his or her position to influence any decision and did not receive or become entitled to
receive any form of payment as a result of his or her appointment. Such persons shall not file
either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the
filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury that
during the period between appointment and resignation he or she did not make, participate in the
making, or use the position to influence any decision of the agency or receive, or become entitled
to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and
business positions held on the effective date of the code and income received during the 12
months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
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Assuming office statements shall disclose any reportable investments, interests in real
property and business positions held on the date of assuming office or, if subject to State Senate
confirmation or appointment, on the date of nomination, and income received during the 12
months prior to the date of assuming office or the date of being appointed or nominated,
respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable
investments, interests in real property, income and business positions held or received during the
previous calendar year provided, however, that the period covered by an employee's first annual
statement shall begin on the effective date of the code or the date of assuming office whichever
is later, or for a board or commission member subject to Section 87302.6, the day after the
closing date of the most recent statement filed by the member pursuant to Regulation 18754.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property,
income and business positions held or received during the period between the closing date of the
last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political
Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property 3 is required to be reported, 4 the
statement shall contain the following:
1. A statement of the nature of the investment or interest;
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2. The name of the business entity in which each investment is held, and a general
description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property
equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported, 5
the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or
$50 or more in value if the income was a gift, and a general description of the business activity,
if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of
a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater
than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any
intermediary through which the gift was made; a description of the gift; the amount or value of
the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan
and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including
income of a sole proprietorship, is required to be reported, 6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business
entity;
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2. The name of every person from whom the business entity received payments if the
filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be reported, a
designated employee shall list the name and address of each business entity in which he or she is
a director, officer, partner, trustee, employee, or in which he or she holds any position of
management, a description of the business activity in which the business entity is engaged, and
the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving
office statement, if an investment or an interest in real property was partially or wholly acquired
or disposed of during the period covered by the statement, the statement shall contain the date of
acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or
local government agency, shall accept any honorarium from any source, if the member or
employee would be required to report the receipt of income or gifts from that source on his or her
statement of economic interests. This section shall not apply to any part-time member of the
governing board of any public institution of higher education, unless the member is also an
elected official.
Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this
section.
This section shall not limit or prohibit payments, advances, or reimbursements for travel
and related lodging and subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $460.
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(A) No member of a state board or commission, and no designated employee of a state or
local government agency, shall accept gifts with a total value of more than $460 in a calendar
year from any single source, if the member or employee would be required to report the receipt
of income or gifts from that source on his or her statement of economic interests. This section
shall not apply to any part-time member of the governing board of any public institution of
higher education, unless the member is also an elected official.
Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this
section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or
her election to office through the date that he or she vacates office, receive a personal loan from
any officer, employee, member, or consultant of the state or local government agency in which
the elected officer holds office or over which the elected officer's agency has direction and
control.
(B) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while
he or she holds office, receive a personal loan from any officer, employee, member, or consultant
of the state or local government agency in which the public official holds office or over which
the public official's agency has direction and control. This subdivision shall not apply to loans
made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or
her election to office through the date that he or she vacates office, receive a personal loan from
any person who has a contract with the state or local government agency to which that elected
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officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any
indebtedness created as part of a retail installment or credit card transaction, if the loan is made
or the indebtedness created in the lender's regular course of business on terms available to
members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to
subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while
he or she holds office, receive a personal loan from any person who has a contract with the state
or local government agency to which that elected officer has been elected or over which that
elected officer's agency has direction and control. This subdivision shall not apply to loans made
by banks or other financial institutions or to any indebtedness created as part of a retail
installment or credit card transaction, if the loan is made or the indebtedness created in the
lender's regular course of business on terms available to members of the public without regard to
the elected officer's official status. This subdivision shall not apply to loans made to a public
official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective
office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first
cousin, or the spouse of any such persons, provided that the person making the loan is not acting
as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
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4. Loans made, or offered in writing, before January 1, 1998.
(8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local
government agency shall, from the date of his or her election to office through the date he or she
vacates office, receive a personal loan of $500 or more, except when the loan is in writing and
clearly states the terms of the loan, including the parties to the loan agreement, date of the loan,
amount of the loan, term of the loan, date or dates when payments shall be due on the loan and
the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, or first cousin, or the spouse of any such person, provided that the person making the loan
is not acting as an agent or intermediary for any person not otherwise exempted under this
section.
3. Loans made, or offered in writing, before January 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of
the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated
employee shall become a gift to the designated employee for the purposes of this section in the
following circumstances:
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1. If the loan has a defined date or dates for repayment, when the statute of limitations for
filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from
the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less
than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for
elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which
the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this
paragraph has the burden of proving that the decision for not taking collection action was based
on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately
discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9
of the Government Code.
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(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use
his or her official position to influence the making of any governmental decision which he or she
knows or has reason to know will have a reasonably foreseeable material financial effect,
distinguishable from its effect on the public generally, on the official or a member of his or her
immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect
investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest
worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending
institution in the regular course of business on terms available to the public without regard to
official status, aggregating $500 or more in value provided to, received by or promised to the
designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner,
trustee, employee, or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating
$460 or more provided to, received by, or promised to the designated employee within 12
months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making
of any decision to the extent his or her participation is legally required for the decision to be
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made. The fact that the vote of a designated employee who is on a voting body is needed to break
a tie does not make his or her participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative
official shall make, participate in making, or use his or her official position to influence any
governmental decision directly relating to any contract where the state administrative official
knows or has reason to know that any party to the contract is a person with whom the state
administrative official, or any member of his or her immediate family has, within 12 months
prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members
of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members
of the public regarding the rendering of goods or services totaling in value $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that he or she should not make a governmental
decision because he or she has a disqualifying interest in it, the determination not to act may be
accompanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her duties under this code may request
assistance from the Fair Political Practices Commission pursuant to Section 83114 and
Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing
in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.
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This code has the force and effect of law. Designated employees violating any provision
of this code are subject to the administrative, criminal and civil sanctions provided in the
Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a
violation of the disqualification provisions of this code or of Section 87100 or 87450 has
occurred may be set aside as void pursuant to Section 91003.
_________________
1 Designated employees who are required to file statements of economic interests under any
other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand
their statement of economic interests to cover reportable interests in both jurisdictions, and file
copies of this expanded statement with both entities in lieu of filing separate and distinct
statements, provided that each copy of such expanded statement filed in place of an original is
signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in
agencies who make and retain copies of statements and forward the originals to the filing officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property does not
include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000
are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the
individual's spouse and dependent children as well as a pro rata share of any investment or
interest in real property of any business entity or trust in which the individual, spouse and
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dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or
greater.
5 A designated employee's income includes his or her community property interest in the income
of his or her spouse but does not include salary or reimbursement for expenses received from a
state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer
and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In
addition, the disclosure of persons who are clients or customers of a business entity is required
only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-
87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81,
No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register
83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register
83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
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7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed
8-28-90; operative 9-27-90 (Reg. 90, No. 42).
9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and
amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93;
operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental
Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of
Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California
Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1,
section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number
(Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection
(b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95;
operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96,
No. 13).
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16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B),
and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to
Government Code section 11343.4(d) (Register 97, No. 15).
18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment
of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d)
(Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative
5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative
1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2,
California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and
footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third
59
18
Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004,
No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and
(b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4
(Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register
2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-
2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative
11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
60
19
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements and not subject to procedural or
substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C),
(b)(8.1)-(b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative
2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office
of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,
nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative
Procedure Act rulemaking requirements and not subject to procedural or substantive review by
OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014;
operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974
Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
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EXHIBIT B – CONFLICT OF INTEREST CODE LIST OF DESIGNATED POSITIONS
Adopted via Resolution 16-___
DESIGNATED POSITIONS DISCLOSURE CATEGORY
City Manager's Office
City Clerk/Assistant to the City Manager
A through E
Public Works Department
Public Works Director
Associate Engineer
Public Works Manager – Parks
Public Works Manager – Streets and Fleet
Senior Civil Engineer
A through E
Community Development Department
Community Development Director
Building Official
City Arborist
Senior Planner
A through E
Recreation & Facilities Department
Recreation & Facilities Director
Facilities Manager
Recreation Supervisor
A through E
Finance & Administrative Services Department
Finance & Administrative Services Director
Finance Manager
Human Resources Manager
Information Technology Administrator
A through E
Commissions
Heritage Preservation
Library
Parks and Recreation
Planning
Traffic Safety
A through E
Consultants
City Geotechnical Consultant A through E
(only those investments, business
positions, and sources of income of the
type which engage in land development,
construction or the acquisition or sale of
real property; interests in real property
in the jurisdiction, including within a
two-mile radius of any property owned or
used by the City of Saratoga)
City Surveyor A through E
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(only those investments, business
positions, and sources of income of the
type which engage in land development,
construction or the acquisition or sale of
real property; interests in real property
in the jurisdiction, including within a
two-mile radius of any property owned or
used by the City of Saratoga)
Other Consultants*
*Consultants shall disclose pursuant to the broadest disclosure category in the code subject to the
following limitation: The City Manager may determine in writing that a particular consultant,
although a "designated position," is hired to perform a range of duties that is limited in scope and
thus is not required to fully comply with the disclosure requirements described in this section.
Such written determination shall include a description of the consultant’s duties and, based upon
that description, a statement of the extent of disclosure requirements. The City Manager’s
determination is a public record and shall by retained for public inspection in the same manner
and location as this Conflict of Interest Code.
KEY TO DISCLOSURE CATEGORIES
Category A-1: Investments less than 10% ownership
Category A-2: Investments greater than 10% ownership
Category B: Real Property
Category C: Income, Loans and Business Positions
Category D: Income - Gifts
Category E: Income – Gifts, Travel Payments, Advances and Reimbursements
63
64
65
66
SARATOGA CITY COUNCIL
MEETING DATE:September 28, 2016
DEPARTMENT:Community Development Department
PREPARED BY:Erwin Ordoñez, Community Development Director
SUBJECT:AN ORDINANCE AMENDING THE CITY CODE REGARDING CODE
ENFORCEMENT RELATED REGULATIONS CONTAINED IN
ARTICLES 15-12 AND 15-30 (STORAGE OF PERSONAL PROPERTY,
MATERIALS AND SIGNS); ARTICLE 9-60 (BICYCLES LICENSES);
AND CHAPTER 3 (PROVISIONS FOR VARIOUS ENFORCEMENT
PROCEDURES)
RECOMMENDED ACTION:
1.Conduct a public hearing.
2.Introduce and waive the first reading of the ordinance.
3.Direct staff to place the ordinance and associated bail schedules on the Consent Calendar for
adoption at the next regular meeting of the City Council.
BACKGROUND:
In anticipation of the City Council’s budget reauthorization of a full time Code Compliance
Officer for the Fiscal Year 2016-2017 Budget, staff identified potential revisions to City Code
which would clarify existing regulations and improve the operations of the City’s Code
Compliance Program.
Specific revisions to the City Code which have been included in a proposed amendment include:
Chapter 3 (Code Enforcement)
Streamlined procedures relating to civil code enforcement process for service and appeals;
Clarified appeal procedure to emphasize that if responsible party fails to appeal when first
notified of a violation or nuisance, responsible party waives the right to appeal;
Amended appeal process to reflect that payment of appeal fee is required but shall be
refunded if appeal is granted;
Clarified that if a Notice of Violation has been served to a responsible party providing
timeframe to cure, if violation is not cured, City Manager may proceed with any and all civil
and criminal remedies available, without providing for additional time to cure;
67
Clarified that a Notice of Violation is not required prior to issuing a notice and order for
abatement or administrative citation as long as there is an opportunity to cure and appeal;
and,
Clarified that City Manager and Enforcement Officer may issue an administrative citation
upon witnessing transient violations such as barking dog or temporary commercial sign
violations without providing time to cure the violation.
Chapter 9 (Motor Vehicles and Traffic)
Removes requirement for bicycles to be licensed
Chapter 15 (Zoning Regulations)
Lists storage containers as personal property subject to regulation
Requires compliance with temporary on-site sign criteria
Specifies that temporary on-site signs in residential districts must be commercial
Provides clarifications related to Sign conformance, violations, and abatement
Planning Commission Review
The amendments proposed for Chapter 15 (Zoning Regulations) were reviewed by the Planning
Commission at a Study Session on August 23, 2016. No significant changes to draft were
recommended by Commission and the proposed amendments were recommend for approval to
the City Council at the September 14, 2016 Planning Commission public hearing.
Bail Schedules
As part of the update process staff has also reviewed and updated the City’s bail schedules.
(Attachments 2) These will be brought forward for adoption by resolution at the same time that
the ordinance changes are brought forward for adoption. The City has two bail schedules: one
which establishes fines for parking violations and a separate schedule for criminal violations.
The Draft Ordinance is provided as Attachment 2. Text to be added is indicated in underlined
font (e.g.,underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout).
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The public hearing was properly noticed in a newspaper with general circulation.
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:
Attachment A: Ordinance
Attachment B: Bail Schedules
Attachment C: Parking Fine Schedule
68
ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE CHAPTER 3 (CODE ENFORCEMENT); ARTICLE 9-60 (REMOVING
REQUIREMENT FOR BICYCLE LICENSES; ARTICLE 15-12 (ADDING STORAGE
CONTAINERS TO LIST OF PERSONAL PROPERTY ALLOWED TO BE STORED
TEMPORARILY IN RESIDENTIAL DISTRICTS); AND ARTICLE 15-30
(CLARIFYING DEFINITIONS OF TEMPORARY SIGNS AND ENFORCEMENT
PROCEDURES FOR ILLEGAL SIGNS)
The City Council of the City of Saratoga finds that:
1. The City Code of the City of Saratoga requires periodic updates to reflects changes in law,
provide clarification to the community, and provide for improved customer service and
administration of City business. In anticipation of the City Council’s budget reauthorization of a
full time Code Compliance Officer for the Fiscal Year 2016-2017 Budget, staff identified
potential revisions to City Code which would clarify existing regulations and improve the
operations of the City’s Code Compliance Program.
2. The City Council of the City of Saratoga held a duly noticed public hearing on October 5, 2016,
and after considering all testimony and written materials provided in connection with that hearing
introduced this ordinance and waived the reading thereof.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1.Adoption.
The Saratoga City Code is hereby amended as set forth in Attachment A. Text to be added is
indicated in bold double underlined font (e.g.,underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeout). In provisions that are being amended text in standard font is
readopted by this Ordinance. Where the text indicates that a new section is being added to the City
Code, the new section is shown in plain text.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 3. California Environmental Quality Act
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The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section
15061(b)(3). CEQA applies only to projects which have the potential of causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA. In this circumstance the amendments to the existing City Code and related sections
and additions of provisions and reference appendices to the existing Code; the amendments and
additions would have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of
the City Council of the City of Saratoga held on the 5th day of October 2016 and was adopted by the
following vote on October 5, 2016 .
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
E. Manny Cappello
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
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2016 Annual Code Update Page - 1
Attachment A - 2016 Saratoga Municipal Code Update
The sections of the Saratoga Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double-underlined text (example) and
text to be deleted in shown in strikethrough (example). Text in italics is explanatory and
is not an amendment to the Code.
Where the text indicates that a new section is being added to the City Code, the new
section is shown in plain text.
1.Code Enforcement
Chapter 3 - CODE ENFORCEMENT
Articles:
Article 3-01 – GENERAL PROVISIONS
3-01.010 – Purpose.
This Chapter sets forth procedures for enforcement of the provisions of this Code.
The City Manager and Enforcement Officer(s) shall have discretion to use some or all of
the measures set forth in this Chapter or elsewhere in the Code to enforce the Code and
protect the health, safety, and welfare of Saratoga residents.
3-01.020 – Definitions.
As used in this Chapter, the following words are defined as follows:
Administrative fine means the monetary fine established by resolution of the City
Council or otherwise set forth under this Chapter that is imposed by an administrative
citation.
Citation means an administrative citation that is issued pursuant to this Article.
Citee means a person to whom an administrative citation is issued.
City means the City of Saratoga, California.
City Manager means the City Manager or the City Manager’s designee.
Code means:
(1) The entire Saratoga City Code and all Santa Clara County, State or other codes or
standards incorporated herein by adoption or reference;
(2) Any condition imposed upon any entitlement, permit, approval or license;
(3) Any uncodified ordinance adopted by the Saratoga City Council; and
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2016 Annual Code Update Page - 2
(4) All other State laws applicable to conduct or land use in the City of Saratoga.
Enforcement Officer and Officer mean any Code Compliance Officer, officer, agent or
employee of the City designated by the City Manager to have the authority and
responsibility to enforce this Code.
Hearing Officer means a person, agency or body designated by the City Council
pursuant to section 3-10.040.
Notice means a written notice including but not limited to a Notice of Violation, a
notice and order, an administrative citation, or any other written notice indicating that a
violation or nuisance exists.
Nuisance means any violation of any provision of the Code. Any such violation shall
constitute and is declared to be a public nuisance. This includes, but is not limited to any
unauthorized encroachment upon or obstruction in or to, any public sidewalk, street, alley,
lane, court, park, trail or easement, or other public place.
Owner means any person (i) having legal title to, or who leases, rents, occupies, is a
licensee, or has charge, control or possession of, or responsibility for, any real property in
the City, including all persons identified as owners on the last equalized assessment roll of
the Santa Clara County Assessor's office; (ii) having any legal title, charge, control or
possession of, or responsibility for, any personal property or animals. An owner may
include an agent, manager, or representative thereof.
Person means and includes any individual, partnership of any kind, a corporation of
any kind, limited liability company, association, joint venture or other organization or
entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or
assigns, or any combination of such persons. "Person" also includes any public entity that
acts as an owner in the City.
Property or premises means (i) any real property (or portion thereof), or
improvements thereon and any unimproved public right of way or other easement abutting
the property; and (ii) all forms of personal property and animals.
Responsible person means any person, whether as an owner or otherwise, that allows,
causes, creates, maintains, or permits a violation of the Code to exist or continue, by any
act or the failure to perform any act or duty.
Violation means a nuisance, act, or the failure to perform an act or duty, or a use or
condition of real or personal property or conduct of an animal contrary to the
requirements of this Code. A "transient" violation is one that is brief or spontaneous in its
commission, or that is not typically confined to a fixed location such as a violation of
Section 7-30.060(f) regarding Animal noise or a violation of City Code Section 15-30.135
regarding Temporary off-site signs in a residential district. A "nontransient" violation is
continuing in nature and generally present at one location and is also described as a
"continuing" violation an example of which is a continuing violation of City Code Section
15-12.160 regarding Storage of personal property and materials. The foregoing examples
are by way of illustration and not limitation.
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2016 Annual Code Update Page - 3
3-01.030 – Non-Exclusive Remedies.
By adopting or utilizing one or more of the Articles in this Chapter, the City does not limit
its discretion or ability to utilize any criminal, civil or other remedies, or any combination
thereof allowed by law, to address any violations of the City's laws and regulations. The
City Manager and Enforcement Officer(s) shall have discretion to utilize any remedy or
remedies as authorized by law.
Article 3-05 - CRIMINAL ENFORCEMENT
3-05.010 - Violations as misdemeanors or infractions; public nuisances.
(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of
the requirements of this Code, or any other ordinance of the City, or any rule, regulation or
order promulgated or issued pursuant to this Code, or the provisions of any code adopted by
reference by this Code, or any condition of an approval, permit or license granted pursuant
to this Code. Any person violating any of such provisions or failing to comply with any of
such requirements shall be guilty of a misdemeanor or an infraction if so specified. Each
such person shall be guilty of a separate offense for each and every day during any portion
of which any violation is committed, continued, or permitted by such person, and shall be
punishable accordingly.
(b) Notwithstanding subsection (a) of this Section or any other provision of this Code, any
violation constituting a misdemeanor may, in the discretion of the enforcing authority be
charged and prosecuted as an infraction.
(c) Where no specific penalty is provided therefore, any person convicted of a misdemeanor
under the provisions of this Code shall be punishable by a fine of not more than one
thousand dollars, or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment.
(d) Any person convicted of an infraction under the provisions of this Code, excluding
violations of local building and safety code provisions in Chapter 16, Articles 16-05 through
16-50, shall be punishable for a first conviction by a fine of not more than one hundred
($100.00)dollars, for a second conviction of the same ordinance within a period of one year
by a fine of not more than two hundred ($200.00)dollars, and for a third or any subsequent
conviction of the same ordinance within a period of one year by a fine of not more than five
hundred ($500.00)dollars.
(e) Any person convicted of an infraction under the local building and safety code provisions of
Chapter 16, Articles 16-05 through 16-50 of this Code, shall be punishable for a first
conviction by a fine of not more than one hundred ($100.00)dollars, for a second conviction
of the same ordinance within a period of one year by a fine of not more than five hundred
($500.00)dollars, and for a third or any subsequent conviction of the same ordinance within
a period of one year by a fine of not more than one thousand ($1,000.00)dollars.
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2016 Annual Code Update Page - 4
(f) In addition to the penalties provided by this Section, any condition caused or permitted to
exist in violation of any of the provisions of this Code, or any other ordinance of the City, or
any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions
of any code adopted by reference by this Code, or in violation of any condition of an
approval, permit or license granted pursuant to this Code, shall be deemed a public nuisance
and may be abated by the City in a summary action pursuant to Article 3-10, Article 3-15 or
Article 3-20 of this Chapter, or any civil action, and each day such condition continues shall
be a new and separate offense.
3-05.020 - Prohibited acts.
Whenever in this Code any act or omission is made unlawful, it shall include causing,
permitting, aiding, abetting, suffering or concealing such act or omission.
3-05.030 - Imposition of penalty.
The provisions of this Code which declare certain crimes to be punishable as therein
mentioned devolve a duty upon the court authorized to pass sentence to determine and impose a
punishment described.
3-05.040 - Determination of punishment.
Whenever in this Code the punishment for a crime is left undetermined between certain
limits, the punishment to be inflicted in a particular case shall be determined by the court
authorized to pass sentence, within such limits as may be prescribed by this Code.
3-05.050 - Place of confinement.
Every person found guilty of violating any of the provisions of this Code and sentenced to
imprisonment shall be imprisoned in the County Jail.
3-05.060 - Authority to arrest.
Every officer and employee of the City having any duty to enforce any of the provisions of
this Code or any other ordinance of the City, or any rule, regulation or order promulgated or
issued pursuant to this Code, or the provisions of any code adopted by reference by this Code, is
hereby authorized, pursuant to Section 836.5 of the Penal Code, to arrest a person without a
warrant whenever any such officer or employee has reasonable cause to believe that the person
to be arrested has committed a misdemeanor or infraction in the presence of such officer or
employee which is a violation of a provision of this Code, or any other ordinance of the City, or
any rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of
any code adopted by reference by this Code, which such officer or employee has the duty to
enforce.
3-05.070 - Community Service Enforcement Officers.
Each Community ServiceEnforcement Officer of the City shall have the duty of enforcing
the provisions of this Code, and any other ordinance of the City, and any rule, regulation or order
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2016 Annual Code Update Page - 5
promulgated or issued pursuant to this Code, and the provisions of any code adopted by
reference by this Code, and any condition of an approval, permit or license granted pursuant to
this Code, and any statutes contained in Chapters 9 and 10 of Division II of the State Vehicle
Code relating to the stopping, standing and parking of motor vehicles and the removal of parked
or abandoned motor vehicles. Whenever, under the provisions of this Code, a particular
department head, officer or employee has been delegated a duty of enforcement, such duty and
responsibility is not revoked hereby but shall continue and be concurrent with the duty of each
Community ServiceEnforcement Officer. The City Council may, from time to time, by
ordinance or resolution, add to, change or modify the duties of the Community Service
Enforcement Officers, and may create priorities of responsibility in relation to the particular
department head, officer or employee who also may have a concurrent duty of enforcement
under any particular provision of this Code, or any other ordinance of the City, or any rule,
regulation or order promulgated or issued pursuant to this Code, or the provisions of any code
adopted by reference by this Code, or any condition of an approval, permit or license granted
pursuant to this Code.
3-05.080 - Violations of Code; notice to appear.
If any person is arrested for a violation of any provision of this Code, or any other ordinance
of the City, or any rule, regulation or order promulgated or issued pursuant to this Code, or the
provisions of any code adopted by reference by this Code, and such person is not immediately
taken before a magistrate as prescribed by the Penal Code, the arresting officer or employee shall
prepare in duplicate a written notice to appear in court, containing the name and address of such
person arrested, and the offense charged. If the violation is designated as a misdemeanor, the
notice shall also specify the time and place where the arrested person shall appear in court, which
shall be a date at least ten (10) calendar days after the date of arrest. The arresting officer or
employee shall deliver one copy of the notice to the arrested person, and the arrested person, in
order to secure release, must give his written promise to appear in court by signing the duplicate
notice which shall be retained by the arresting officer or employee. Thereupon the arresting
officer or employee shall release the person arrested from custody. The arresting officer or
employee shall, as soon as practicable, file the duplicate notice with the magistrate specified in
such notice.
3-05.090 - Payment of costs of abatement as condition for probation.
Upon any guilty plea or judgment of conviction in any criminal proceeding brought for the
violation of any provision of this Code, or any other ordinance of the City, or any rule, regulation
or order promulgated or issued pursuant to this Code, or the provisions of any code adopted by
reference by this Code, wherein the City has or will incur costs and expenses in removing or
abating a nuisance caused, committed or maintained by the defendant as a result of such
violation for which the defendant is prosecuted, if the defendant is otherwise entitled by law to
probation, then the court may require the payment to the City of such costs and expenses as one
of the conditions of such probation.
Article 3-10 - CIVIL ENFORCEMENT
3-10.001 – In General
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The provisions in this Article apply to all civil enforcement proceedings unless
specifically stated otherwise in the Code.
3-10.050 - Issuance of Notice of Violation and intent to record.
(a) When the City Manager determines that a responsible person has committed a
violation of the Code or caused a nuisance, the City Manager or Enforcement Officer
may issue a Notice of Violation to the responsible person. Such notice shall serve as a
written warning of responsibility and require action by the responsible person to abate
the violation. The Notice of Violation shall specify a correction date within a
reasonable period by which the violation can reasonably be abated unless the violation
constitutes an immediate hazard to the public health, safety or welfare or materially
interferes with public travel or passage or is a “transient” one as defined under Section
3-01.020 in which case the Notice of Violation may require immediate compliance.
(b) The City Manager or Enforcement Officer may issue a Notice of Violation directed to a
responsible person who is in violation of the Code. The Notice of Violation shall
contain:
(1) The street address and a description sufficient for identification of the property
and any structures where the violation occurred or is occuring.
(2) A statement that the City Manager has found a condition that is a nuisance or in
violation of Code with a brief and concise description including reference to
applicable provisions of the Code.
(3) An order (i) specifying the curative action required to be taken and (ii) specifying
the correction date by which curative action must occur, as determined by the City
Manager.
(4) A statement advising that if the curative action is not concluded within the time
specified, the City Manager intends to record the Notice of Violation (such remedy
shall be in addition to any other rights, remedies or actions available to the City by
reason of the violation as described in the notice).
(5) A statement as to whether the City Manager has elected to seek, as a part of
abatement costs, reasonable attorney's fees incurred in abating the nuisance and if
such election is made, a statement that the prevailing party may be entitled to seek
reimbursement of reasonable and necessarily incurred attorney's fees.
(6) Appeal information. A statement advising (i) that any person having any record
title or legal interest in the parcel of land or responsible person may appeal from
the Notice of Violation to the Hearing Officer pursuant to Section 3-10.050, and (ii)
that failure to appeal will constitute a waiver of all right to an administrative
hearing and determination of the matter.
(c) Service of such Notice of Violation shall be made pursuant to Section 3-10.030.
3-10.010 - Fees, charges, licenses and taxes made a civil debt.
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The amount of any fee, service charge, utility charge, license, or tax of any nature
whatsoever imposed by any provision of this Code, or any other ordinance of the City, or any
rule, regulation or order promulgated or issued pursuant to this Code, or the provisions of any
code adopted by reference by this Code, or any condition of an approval, permit or license
granted pursuant to this Code, shall be deemed a civil debt owing to the City. An action may be
commenced in the name of the City in any court of competent jurisdiction for the collection of
the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax,
together with any penalties applicable thereto. The remedy prescribed by this Section shall be
cumulative and the use of a civil action to collect such amount as a debt shall not bar the use of
any other remedy available to the City for the collection thereof.
3-10.020 - Collection of costs by the City.
Wherever the City Attorney is authorized or directed to commence or sustain any civil
action or proceeding, either at law or in equity, to enforce any of the provisions of this Code, or
any other ordinance of the City, or any rule, regulation or order promulgated or issued pursuant
to this Code, or the provisions of any code adopted by reference by this Code, or any condition
of an approval, permit or license granted pursuant to this Code, or to enjoin or restrain any
violation thereof, or otherwise to abate any public nuisance, or to collect any sums of money on
behalf of the City, then the City shall be entitled to collect all the costs and expenses of the same,
including, without limitation, reasonable attorney's fees and reasonable investigation costs,
which shall be set by the court and made a part of any judgment in any such action or
proceeding.
3-10.025 - Collection of delinquent fines.
(a) The City Manager may use all available means authorized by the Code or any other
applicable law to collect past due fines and other related costs.
(b) Any person who fails to pay any fine shall be liable in any action or collection
procedure brought by the City for all costs incurred to obtain payment of the
delinquent amount, including, but not limited to, administrative costs, collection costs,
and if elected, attorney’s fees.
(c) Collection costs shall be in addition to any penalties, interest and late charges imposed
upon the delinquent obligation.
(d) Commencement of an action to collect a delinquent fine shall not preclude issuance of
one or more additional citations if the violation or violations continue after the date for
correcting them as stated in the applicable order.
3-10.030 - Service
(a) Service of any notice (including without limitation, Notice of Violation, citation, order
or document) required to be given under this Chapter or for any purpose of
enforcement under this Code, shall be served to the responsible person in any of the
following ways unless the provisions of the Code that are the subject of the
enforcement proceedings specify an alternative procedure:
(1) Personal service, or
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(2) If the responsible person is an owner of real property, service by first class and by
certified mail to the owner at the address shown on the latest available assessment roll,
or as otherwise known to the City Manager. If the responsible person is a lessee or non-
owner occupant of real property, service by first class and by certified mail to the last
known business or resident address of such responsible person. Service by certified
mail in the manner herein provided shall be effective on the date of the mailing. If the
document(s) is sent by certified mail and the certification is returned unsigned, then
service shall be deemed effective pursuant to first class mail, provided the document(s)
sent by first class mail is not returned.
(b) For violations involving real property, if the Enforcement Officer is not able to serve
the responsible person as described in (a)(1) above, the notice shall be posted upon the
property and such posting shall be deemed effective service, and the date of the posting
shall constitute the date of service. The failure of any owner to receive such notice shall
not affect the validity of any proceedings taken under this Section.
(c) Any notice to collect abatement and related administrative costs by a nuisance
abatement lien must be made prior to the recordation of the lien to the owner of record
of the parcel of land or which the nuisance is maintained, based on the last equalized
assessment roll or the supplemental roll, whichever is more current and such notice
shall be made by personal service. If the owner of record, after diligent search cannot
be found, the notice may be served by posting a copy thereof in a conspicuous place
upon the property for a period of ten (10) days and publication thereof in a newspaper
of general circulation published in the county in which the property is located pursuant
to Section 6062 of the Government Code.
(d) Proof of service of shall be certified to at the time of service by a written declaration
under penalty of perjury executed by the persons affecting service, declaring the time,
date and manner in which service was made. The declaration, together with any
receipt card returned in acknowledgment of receipt by certified mail shall be affixed to
the copy of any notice and retained by the City Manager.
3-10.040 - Hearing Officer.
(a) In order to hear and decide appeals of orders, decisions, or determinations made by
the City Manager relative to the application and interpretations of this Article and of
such other matters as may be subject to hearings by reference to this Section, there
shall be and is hereby established a Hearing Officer. The City Council shall designate
or appoint, in accordance with applicable law, one or more Hearing Officers. The
employment, performance evaluation, compensation, and benefits of a Hearing Officer,
if any, shall not be directly or indirectly conditioned upon the decisions of the Hearing
Officer, including, but not limited to, the amount of fines upheld by the Hearing
Officer. Each appeal or other matter subject to hearing by reference to this Section
shall be heard and decided by a Hearing Officer. The Hearing Officer shall render all
decisions and findings in writing to the parties. Appeals to the Hearing Officer shall be
processed in accordance with the provisions contained in Section 3-10-050 unless
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alternative procedures are established in the City Code provisions governing the
matter that is the subject of the hearing. Rules of procedure regarding the powers of a
Hearing Officer and governing all hearings by a Hearing Officer shall be adopted by
resolution of the City Council and may be amended in the same manner from time to
time. Copies of the rules of procedure currently in effect shall be maintained by the
City Clerk, who shall make them freely accessible to the public.
(b) A Hearing Officer shall have no authority relative to interpretation of the
administrative provisions of this Code nor is a Hearing Officer empowered to waive
requirements of this Code.
3-10.050 – Appeal.
(a) A responsible person is entitled to appeal to a Hearing Officer any notice concerning a
violation but if that right is not timely exercised then the right to appeal is waived and
there shall be no entitlement to appeal any subsequent notice served pertaining to the
same violation(s) identified in the initial notice. Failure of any person to file an appeal
in accordance with this provision of this Code shall constitute a waiver of the right to
an administrative hearing and adjudication of the notice or any portion thereof.
(b) Any person entitled to an appeal under this Chapter shall (i) pay an appeal fee equal to
the amount for code enforcement appeals set forth in the City’s fee schedule or, in the
event an administrative citation was issued, the lesser of the amount of the fine due or
the amount set forth in the fee schedule and (ii) shall file with the Office of the City
Clerk a written appeal containing:
(1) A street address and a description sufficient for identification of the property and
any affected structures thereon.
(2) The names of all appellants participating in the appeal.
(3) If applicable, a brief statement setting forth the legal interest of each of the
appellants in connection with the matters addressed in the notice.
(4) A brief statement in ordinary and concise language of the nature of the appeal
together with any material facts claimed to support the contentions of the
appellant(s).
(5) A brief statement in ordinary and concise language of the relief sought and the
reasons why it is claimed the notice under appeal should be reversed, modified or
otherwise set aside.
(6) The signatures of all parties named as appellants and their mailing addresses for
receipt of first class mail and overnight delivery of correspondence concerning the
appeal and their e-mail addresses if they wish to receive notices via e-mail.
(7) The verification (by declaration under penalty of perjury) of appellants as to the
truth of the matters stated in the appeal.
(b) The appeal shall be filed within fifteen (15) calendar days from the date of service of
the notice being appealed; provided, however, that if the City Manager has determined
that the circumstances addressed by the notice are dangerous to the life, limb, property
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or safety of the public or adjacent property and if the notice of the City Manager so
provides, such appeal shall be filed within seven (7) calendar days from the date of the
service of the notice.
(c) As soon as practicable after receiving the written appeal, the Hearing Officer shall fix a
date, time and place for the hearing of the appeal. Written notice of the day, time and
place of the hearing shall be served by the City Clerk to the parties to the appeal
mailed at least fifteen (15) calendar days prior to the scheduled date of the hearing. E-
mail may be used to accomplish such service if (i) the party has provided an e-mail
address to the City Clerk and (ii) receipt of the e-mail is acknowledged by the party. If
e-mail notice is not acknowledged within forty-eight (48) hours, the City Clerk shall
serve the notice by regular first class mail by 5:00 P.M. on the first business day
following acknowledgement deadline.
(d) Only those matters or issues specifically raised by the appellant(s) and within the
jurisdiction of the Hearing Officer shall be considered in the hearing of the appeal.
(e) Any appellant who fails to appear at the hearing thereby waives the right to a hearing
and to an adjudication of the issues related to the hearing, provided that notice of the
hearing has been provided in accordance with subsection (c) above.
(f) The Hearing Officer has the authority to require a responsible person to post a code
enforcement performance bond to ensure compliance with the Hearing Officer's
decision.
(g) It is unlawful for a party to a hearing before a Hearing Officer who has been served
with a copy of the final decision of the Hearing Officer to fail to comply with the
decision. Failure to comply with such decision may, in addition to any other remedies
available, be prosecuted as a misdemeanor or an infraction.
3-10.060 - Staying of order under appeal.
Enforcement of any provision of any notice issued by the City Manager under this
Code, including the requirement for payment of any fine, shall be stayed during the
pendency of an appeal therefrom which is properly and timely filed.
3-10.070 - Appeal hearing.
(a) Appeal hearings shall be conducted by a Hearing Officer.
(b) The hearings shall be attended by the Enforcement Officer and the appellant (and/or
an authorized representative) and conducted pursuant to rules of procedure
established in accordance with the Code.
(c) After considering all of the testimony and evidence submitted at a hearing, the Hearing
Officer shall issue a final decision at the conclusion of the hearing or within fifteen (15)
calendar days to uphold or overturn the provisions contained in the notice and shall
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state the reasons thereof. If the notice is upheld and the violation has not been fully
corrected as of the date of the hearing, the Hearing Officer shall order correction
thereof in the decision and state deadline(s) to complete such action(s). The decision of
the Hearing Officer shall be final. All applicable fines shall become immediately due
and owing to the City in the full amount and if not paid may be collected as provided in
this Code or by any other lawful method available to the City. If the Hearing Officer
grants the appeal in full, the City shall return any appeal fee.
3-10.030 - Recorded notice of violation.
(a) Whenever the City Manager has knowledge of a violation of any provision of this Code, or
any other ordinance of the City, or any rule, regulation or order promulgated or issued
pursuant to this Code, or the provisions of any code adopted by reference by this Code, or
any condition of any approval, permit or license granted pursuant to this Code, the City
Manager may notify the owner of the property upon which the violation is located of the
City Manager's intent to record a notice of violation in the office of the County Recorder.
Such notice of intent shall be mailed to the owner at the address shown on the latest
available assessment roll, or as otherwise known to the City Manager, and a copy thereof
shall be posted upon the property. The notice of intent shall describe the nature of the
violation and inform the owner that a notice of violation will be recorded unless a hearing
before the Hearing Officer established pursuant to Section 3-15.070 of this Code is
requested by the owner within twenty days from the date of the notice.
(b) In the event a hearing is not requested and the violation has not been corrected, or in the
event that after the conduct of a hearing before the Hearing Officer, and consideration of all
evidence presented thereat by the owner, the Hearing Officer determines that a violation of
one or more of the aforementioned codes, ordinances, rules, regulations, orders or conditions
in fact exists, the City Manager may record a notice of Code violation in the office of the
County Recorder. The determination by the Hearing Officer, following a hearing, in
accordance with the rules of procedure established by said Hearing Officer, is final and may
not be appealed to the City Council.
(c) At the request of the affected property owner or other interested person and upon
determination by the City Manager that a violation has been fully corrected and no longer
exists, the City Manager shall furnish to the owner or other interested person a notice of
expungement of the previously recorded notice of violation.
(d) The recording of a notice of violation pursuant to this Section shall be in addition to any
other rights, remedies or actions available to the City by reason of the same violation as
described in the notice.
Article 3-15 - NOTICED ADMINISTRATIVE NUISANCE ABATEMENT PROCEDURE
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3-15.010 - Authority.
This Article is adopted pursuant to the provisions of Article 6 (commencing with Section
38771) in Chapter 10, Division 3 of Title 4 of the California Government Code. Pursuant to
section 3-01.020 of this Code the term “nuisance” as used in this Article includes all code
violations.
3-15.020 - Right of entry.
When it is necessary to make an inspection to enforce any provision of this Code, or when
the City Manager has reasonable cause to believe that there exists a parcel of land or structure
upon which premises a condition exists which makes such a parcel of land or structure a
nuisance as defined in this Code, the City Manager may enter the structure or premises at
reasonable times to inspect or to perform the duties imposed by this Code, provided that if such
structure or premises is occupied that credentials be presented to the occupant and entry
requested. If such structure or premises is unoccupied, the City Manager shall first make a
reasonable effort to locate the owner or other persons having charge or control of the structure or
premises and request entry. If entry is refused, the City Manager shall have recourse to the
remedies provided by law to secure entry.
3-15.030 - Determinationclaration of nuisance.
When the City Manager has inspected or caused to be inspected any condition on any parcel
of land or structure and has found and determined that such condition on such parcel of land or
structure is constitutes a nuisance, the City Manager shall issue a Notice and Order to
commence proceedings to cause the abatement of such nuisance and to make the costs of such
abatement a special assessment against the parcel upon which such nuisance exists.
3-15.040 - Notice and Oorder to abate nuisance.
(a) The City Manager shall issue a Nnotice and Oorder directed to the owner of record the
parcel of land upon which the City Manager has determined that a nuisance exists. The
Nnotice and Oorder shall contain:
(1) The street address and a description sufficient for identification of the parcel of land and
structures thereon the property and any structures where the violation occurred or
is occurring.
(2) A statement that the City Manager has found a condition deemed a public nuisance
pursuant to Section 3-05.010(f)as defined in Section 3-01.020 to exist with a brief and
concise description of the conditions found to constitute a public nuisance under the
applicable provisions of this Code.
(3) An order statement (i) specifying the curative action required to be taken and (ii)
specifying the time in which commencement of the action and/or completion of the
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curative action must occur, as determined by the City Manager. The order may
require immediate compliance if a Notice of Violation has previously been served
concerning the same violation of the Code.
(4) A statement advising that if the abatement work is not commenced within the time
specified, the City Manager may proceed to cause the work to be done and charge the
costs thereof against the parcel or its owner as a lien against the parcel and/or as a
special assessment and that such property may be sold after three (3)years by the tax
collector for unpaid delinquent assessments and the City Manager may record the
lien and/or special assessment against the property in the office of the County
Recorder and such remedy shall be in addition to any other rights, remedies or
actions available to the City by reason of the same violation as described in the
notice and order.
(5) A statement whether or not the City Manager has elected to seek, as a part of abatement
costs, reasonable attorney's fees incurred in abating the nuisance. Such notice shall also
state that if the City Manager elects to seek reasonable attorney's fees, the prevailing
party may be entitled to seek reimbursement of reasonable and necessarily incurred
attorney's fees.
(6)If a Notice of Violation has not been previously served pursuant to Section 3-
10.050, aA statement advising (i) that any person having any record title or legal
interest in the parcel of land may appeal from the Nnotice and Oorder or any action of
the City Manager to the Hearing Officer, provided the appeal is made in writing and
filed with the Office of the City Manager within the time specified by pursuant to
Section 3-10.0505.080(b) of this Code, and (ii) that failure to appeal will constitute a
waiver of all right to an administrative hearing and determination of the matter.
(b) Service of the Nnotice and Oorder shall be made pursuant to Section 3-10.030. The notice
and order, and any amended or supplemental notice and order, shall be served upon the
record owner and posted on the property; and one copy thereof, at the option of the City
Manager, may be served on each of the following if known to the City Manager or disclosed
from official public records: the holder of any mortgage or deed of trust or other lien or
encumbrance of record; the owner or holder of any lease of record; and the holder of any
other estate or legal interest of record in or to the structure or the land on which the nuisance
is located. The failure of the City Manager to serve any person required herein to be served
shall not invalidate any proceedings hereunder as to any other person duly served to relieve
any such person from any duty or obligation imposed by the provisions of this Section. (c)
Method of service.Service of the notice and order shall be made upon all persons
entitled thereto either personally or by mailing a copy of such notice and order by certified
mail, postage prepaid, return receipt required, to each such person at their address as it
appears on the last equalized assessment roll of the county or as known to the City Manager.
If no address of any such person so appears or is known to the City Manager, then a copy of
the notice and order shall be so mailed, addressed to such person, as the address of the parcel
of land involved in the proceedings. The failure of any such person to receive such notice
shall not affect the validity of any proceedings taken under this Section. Service by certified
mail in the manner herein provided shall be effective on the date of the mailing.
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(d)Proof of service.Proof of service of the notice and order shall be certified to at the time of
service by a written declaration under penalty of perjury executed by the persons affecting
service, declaring the time, date and manner in which service was made. The declaration,
together with any receipt card returned in acknowledgment of receipt by certified mail shall
be affixed to the copy of the notice and order retained by the City Manager.
3-15.050 - Notices; publication.
(a) In addition to posting and serving the Nnotice and Oorder required bypursuant to Section
3-10.0305.040, the City Manager may direct the City Clerk to publish such notice once in a
newspaper of general circulation in the City. Failure of the City Manager to direct
publication, or the City Clerk to publish, such notice in a newspaper of general circulation in
the City shall not invalidate any proceedings hereunder.
3-15.060 - Recordation of notice of violation.
If compliance is not had with the notice and order within the time specified therein, and no
appeal has been properly and timely filed, the City Manager shall file in the office of the County
Recorder a certificate describing the property and certifying a notice of violation in accordance
with Article 3-10.
3-15.070 - Hearing Officer.
(a) In order to hear and decide appeals of orders, decisions, or determinations made by the City
Manager relative to the application and interpretations of this Article and of such other
matters as may be subject to hearings by reference to this Section, there shall be and is
hereby established a Hearing Officer. The City Council shall designate or appoint, in
accordance with applicable law, one or more Hearing Officers; the employment,
performance evaluation, compensation, and benefits of a Hearing Officer, if any, shall not be
directly or indirectly conditioned upon the decisions of the Hearing Officer, including, but
not limited to, the amount of fines upheld by the Hearing Officer. Each appeal or other
matter subject to hearing by reference to this Section shall be heard and decided by a
Hearing Officer. The Hearing Officer shall render all decisions and findings in writing to the
parties. Appeals to the Hearing Officer shall be processed in accordance with the provisions
contained in Section 3-15.080 unless alternative procedures are established in the City Code
provisions governing the matter that is the subject of the hearing. Rules of procedure
regarding the powers of a Hearing Officer and governing all hearings by a Hearing Officer
shall be adopted by resolution of the City Council and may be amended in the same manner
from time to time. Copies of the rules of procedure currently in effect shall be maintained by
the City Clerk, who shall make them freely accessible to the public.
(b) A Hearing Officer shall have no authority relative to interpretation of the administrative
provisions of this Code nor is a Hearing Officer empowered to waive requirements of this
Code.
3-15.080 - Appeal of notice and order.
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(a) Any person entitled to or receiving service under Section 3-15.040(b) of this Article may
appeal from any notice and order or any action of the City Manager under this Code by
filing with the City Clerk a written appeal containing:
(1) A street address and a description sufficient for identification of the property and the
affected structures thereon.
(2) The names of all appellants participating in the appeal.
(3) A brief statement setting forth the legal interest of each of the appellants in the structure
or the property involved in the notice and order.
(4) A brief statement in ordinary and concise language of the specific order for curative
action protested, together with any material facts claimed to support the contentions of
the appellant.
(5) A brief statement in ordinary and concise language of the relief sought and the reasons
why it is claimed the protested order for curative action should be reversed, modified or
otherwise set aside.
(6) The signatures of all parties named as appellants and their mailing addresses for receipt
of first class mail and overnight delivery of correspondence concerning the appeal and
their e-mail addresses if they wish to received notices via e-mail.
(7) The verification (by declaration under penalty of perjury) of at least one appellant as to
the truth of the matters stated in the appeal.
(b) The appeal shall be filed within thirty days from the date of service of such notice and order
for curative action of the City Manager; provided, however, that if the City Manager has
determined that the parcel of land or structure is in such condition as to make it immediately
dangerous to the life, limb, property or safety of the public or adjacent property and if the
notice and order of the City Manager so provides, such appeal shall be filed within ten days
from the date of the service of the notice and order of the City Manager.
(c) As soon as practicable after receiving the written appeal, the Hearing Officer shall fix a date,
time and place for the hearing of the appeal. Written notice of the day, time and place of the
hearing shall be served by the City Clerk by personal delivery or regular mail to the parties
to the hearing mailed at least fifteen calendar days prior to the scheduled date of the hearing.
Email may be used to accomplish such service if (i) the party has provided an e-mail address
to the City Clerk and (ii) receipt of the e-mail is acknowledged the party. If e-mail notice is
not acknowledged within forty-eight hours, the City Clerk shall serve the notice by regular
mail by 5:00 P.M. on the first business day following acknowledgement deadline.
(d) Failure of any person to file an appeal in accordance with this provision of this Code shall
constitute a waiver of the right to an administrative hearing and adjudication of the notice
and order or any portion thereof.
(e) Only those matters or issues specifically raised by the appellant and within the jurisdiction
of the Hearing Officer shall be considered in the hearing of the appeal.
(f) Procedures for the conduct of the appeals hearing shall comply with the rules adopted
pursuant to Section 3-15.070.
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(g) Any person whose property or actions are the subject of a hearing and who fails to appear at
the hearing is deemed to waive the right to a hearing and to an adjudication of the issues
related to the hearing, provided that notice of the hearing has been provided in accordance
with subsection (c) above.
(h) The Hearing Officer has the authority to require a responsible person to post a code
enforcement performance bond to ensure compliance with the Hearing Officer's decision.
(i) It is unlawful for a party to a hearing before a Hearing Officer who has been served with a
copy of the final decision of the Hearing Officer to fail to comply with the decision. Failure
to comply with such decision may, in addition to any other remedies available, be
prosecuted as a misdemeanor or an infraction.
3-15.090 - Staying of order under appeal.
Enforcement of any notice and order of the City Manager issued under this Code shall be
stayed during the pendency of an appeal therefrom which is properly and timely filed.
3-15.1060 –Authorization to Proceed;Action by Hearing Officer.
If an appeal of the Notice and Order is not filed or if the Hearing Officer has upheld the
City Manager's determination of nuisance, and proposed abatement, the the City Manager is
authorized to abate the nuisance. The final decision of the Hearing Officer shall include a finding
whether any attorney’s' fees incurred by the prevailing party were reasonably and necessarily
incurred, provided, however, in no event shall an award of attorney’s' fees to a prevailing party
exceed the amount of reasonable attorney’s' fees incurred by the City. The Hearing Officer's
decision may not be appealed to the City Council. Judicial review of a Hearing Officer's final
decision may be sought pursuant to a timely petition for writ of administrative mandamus in
accordance with California Code of Civil Procedure Section 1094.6.
3-15.11070 - Abatement work.
The abatement work may be performed by the City's own employees or by independent
contractors, or any combination thereof. The City Manager, authorized Enforcement
Official(s)and the City Manager's authorized contractors may enter upon private property as
may be necessary or appropriate in order to abate the nuisance declared to exist upon such
property. Prior to commencement of the abatement work by or on behalf of the City, the property
owner may abate the nuisance at the property owner's own expense.
3-15.12080 –Report of Costs;Notice and hearing; report of costs.
The City Manager shall keep an accurate account of the abatement costs incurred by the
City, including investigative, administrative, and direct abatement costs and all other reasonably
related costs,including and, at the election of the City Manager as described below, reasonable
attorney’s fees incurred in abating the nuisance. Such account shall indicate, where
appropriate and feasible the costs attributable to each separate parcel of land upon which the
abatement work is performed. Following completion of all abatement work, the City Manager
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shall prepare a final itemized written report showing the total abatement costs and in the event
the costs exceed twenty-five thousand ($25,000) dollars,the City Manager shall submit such
report for confirmation by the City Council at its next available regular meeting after the notice
period set forth herein. If the total abatement costs amount to twenty-five thousand ($25,000)
dollars or less, then such report shall be submitted to the Hearing Officer for confirmation.
At least ten (10) calendar days prior to the date of such meetingcost confirmation hearing,
a copy of the report together with a written notice of the date on which the same shall be
considered by the City Council or the Hearing Officer shall be mailedserved pursuant to
Section 3-10.030 to the persons on whose property abatement work was performed to whom
notice was mailed pursuant to subsection 3-15.040(a) and a copy thereof shall also be posted
upon the property involved and at City Hall. Such notice of the date of the cost confirmation
hearing on the abatement costs by the City Council or Hearing Officer shall indicate that the
City shall cause to make the costs of such abatement a lien against the parcel and/or a special
assessment against the parcel and that such parcel may be sold by the tax collector after three (3)
years for any unpaid delinquent assessment against the parcel. The City Manager shall elect
whether or not to seek, as a part of abatement costs, reasonable attorney's fees incurred in abating
the nuisance. Such notice of the date of hearing on the abatement costs by the City Council shall
indicate whether the City Manager intends to seek reasonable attorney's fees as part of the
abatement costs and shall indicate that if the City Manager elects to seek reasonable attorney's
fees, the prevailing party may be entitled to reimbursement of reasonable and necessarily
incurred attorney's fees.
3-15.13090 - Protests and objections.
At the time fixed for considering the report of costs provided for in Section 3-15.120, the
City Council or the Hearing Officer shall hear any objections of the owners of the property to
be assessed for the abatement costs. Any person filing any protest or objection who is affected by
the proposed charge may file a written report of the objections with the City Clerk at any time
prior to the time set for the hearing on the report of costs. Each such objection must contain a
description of the property in which the signer thereof is interested and the grounds of the
objection. The City Council or the Hearing Officer may modify the report of costs if it deems it
appropriate. The City Council may then, by resolution, or the Hearing Officer may then, by a
final decision, confirm the report as submitted or modified. The City Council or the Hearing
Officer shall make a finding as to whether any attorney's fees incurred by the City and assessed
for the abatement costs were reasonably and necessarily incurred.
3-15.1410 - Payment of abatement costs.
The City Manager may receive payment in full of the abatement costs charged against a
parcel of land at any time after confirmation of the report by the City Council pursuant to Section
3-15.130 and prior to the filing of such report with the County Tax Collector pursuant to Section
3-15.150.
3-15.1520 - Filing report with County Tax Collector; collection of assessment.
After the City Council or the Hearing Officer has confirmed the report of costs to abate the
nuisance declared to exist upon a parcel of land, and if such costs have not been paid in full, the
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City Clerk shall at the direction of the City Manager either (1) cause a lien to be charged against
the parcel or (2) transmit a copy of the report together with a copy of the resolution confirming
the same to the County Tax Collector, who shall add the amount of abatement costs, or unpaid
portion thereof, to the next regular tax bill as a special assessment, for the municipal purposes,
against such parcel. The amount of the assessment shall be collected at the time and in the
manner as ordinary municipal taxes. If such assessment is delinquent, the amount shall be subject
to the same interest and penalties and procedure of foreclosure and sale provided for ordinary
municipal taxes and the property may be sold after three (3)years by the Tax Collector for
unpaid delinquent assessments.
3-15.1630 - Taxes Special assessment paid in error; refunds; claims.
The City Council or the Hearing Officer may order refunded all or any part of a tax special
assessment paid pursuant to the provisions of this Article if the City Council finds that all or any
part of the tax special assessment has been erroneously levied. A tax special assessment, or any
part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before March
1st after the tax became due and payable. The claim shall be verified by the person who paid the
tax special assessment or his guardian, executor, administrator, personal representative or
successor in interest.
Article 3-20 - EMERGENCY NUISANCE ABATEMENT PROCEDURE*
3-20.010 - Authority.
This Article is adopted pursuant to the provisions of Article 6 (commencing with Section
38771) in Chapter 10, Division 3 of Title 4 of the California Government Code.
3-20.020 - Nuisance declared.
Any violation of any provision of this Code, or any other ordinance of the City, or any rule,
regulation or order promulgated or issued pursuant to this Code, or the provisions of any Code
adopted by reference by this Code, or violation of any condition of any approval, permit or
license granted pursuant to this Code, shall constitute and is declared to be a nuisance. This
includes, but is not limited to any encroachment upon or obstruction in or to, any public
sidewalk, street, alley, lane, court, park, trail or easement, or other public place. Such nuisance
may be abated pursuant to the procedure set forth in this Article.
3-20.030 - Alternate procedure.
This Article constitutes an alternate procedure to Article 3-15 of this Chapter for emergency
abatement of a nuisance and for assessment of the abatement costs against the property on which
such nuisance is maintained or from which such nuisance extends.
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3-20.040 -Emergency Aabatement by City Manager.
Notwithstanding any other provision of this City Code or other law,Iif, in the opinion of
the City Manager, any nuisance as defined in Section 3-01.02020.020 constitutes an immediate
hazard to the public health, safety or welfare or materially interferes with public travel or
passage, the City Manager may summarily abate such nuisance. The abatement work may be
performed by the City's own employees or by independent contractors, or any combination
thereof. The City Manager, Enforcement Officer(s)and the City Manager's authorized
contractors may enter upon private property as may be necessary or appropriate in order to
perform the abatement work.
3-20.050 - Report of costs; notice and hearing.
The City Manager shall keep an accurate account of the abatement costs incurred by the
City, including investigative, administrative, and direct abatement costs and all other reasonably
related costs, and, at the election of the City Manager as described below, reasonable attorney's
fees. Such account shall indicate, where appropriate and feasible, the costs attributable to each
separate parcel of land upon which the abatement work is performed. Following completion of
all abatement work, the City Manager shall prepare a final itemized written report showing the
total abatement costs and the City Manager shall submit such report to the City Clerk. Except as
specified below, reporting and confirmation of costs shall be conducted pursuant to Section
3-15.080 and the cost confirmation hearing shall be heldThe City Clerk shall thereupon
schedule the matter for hearing by the City Council at a regular meeting after the notice period
set forth in Sections 3-20.060 and 3-20.080 and not later than forty-five (45) calendar days after
the receipt of the cost report by the City Clerk. The City Manager shall elect whether or not to
seek, as a part of abatement costs, reasonable attorney's fees incurred in abating the nuisance.
Such notice of the date of hearing on the abatement costs by the City Council shall indicate
whether the City Manager intends to seek reasonable attorney's fees as part of the abatement
costs and shall indicate that if the City Manager elects to seek reasonable attorney's fees, the
prevailing party may be entitled to reimbursement of reasonable and necessarily incurred
attorney's fees.
3-20.060 - Notices; posting.
(a) At the time the City Manager submits the report of costs to the City Clerk, the City Manager
shall also cause notices to be conspicuously posted on the property on which the abated
nuisance existed or from which the abated nuisance extended as follows:
(1) One notice on each separately owned parcel of property of not over fifty feet frontage;
or
(2) Not more than two notices on any parcel over fifty feet frontage but less than one
hundred feet frontage; or
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(3) Notices not more than one hundred feet apart if the frontage of a parcel is greater than
one hundred feet.
(b) Such notices shall be posted at least fifteen (15) calendar days prior to the time for hearing
by the City Council or the Hearing Officer of objections to the proposed assessment.
3-20.070 - Notices; form.
The notice required by Section 3-20.060 shall be substantially in the following form:
NOTICE OF ABATEMENT OF NUISANCE
AND FIXING OF SPECIAL ASSESSMENT
NOTICE IS HEREBY GIVEN that the City of Saratoga has caused certain actions to be
taken at ____________ [specify address] in order to abate an emergency public nuisance.
These actions included an itemized written report showing the costs of such removal is on
file in the office of the City Clerk. The City Manager (has)(has not) elected to seek, as a part
of abatement costs, reasonable attorney's fees incurred in abating the nuisance. If the City
Manager has elected to seek such attorney's fees, the prevailing party may be entitled to seek
reimbursement of reasonable and necessarily incurred attorney's fees. Reference is hereby
made to such report for further particulars. It is the intention of the City Council of the City
of Saratoga to make the costs of such removal a lien or special assessment against the
property on which said nuisance was maintained or from which said nuisance extended, said
assessment to be collected at the same time and in the same manner as ordinary municipal
taxes. The property may be sold after three years by the tax collector for unpaid delinquent
assessments. The property to be assessed is described as follows:
_____
Any property owner objecting to the proposed special assessment is hereby notified to attend
a meeting of (the City Council of the City of Saratoga)(the Hearing Officer)to be held on
____________, 20____________, commencing at [specified time], at the Saratoga City
Hall, 13777 Fruitvale Avenue, Saratoga, California, when such property owner's objections
will be heard and given due consideration.
Dated this ____________ day of ____________, 20____________.
City Manager
City of Saratoga
3-20.080 - Notices; publication and mailing.
(a) In addition to posting the notice required by Section 3-20.060,service of such notice shall
be made pursuant to Section 3-10.030 to each owner of the property described in the
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notice, as shown by the latest assessment roll available to the City on the date of mailing.
Tthe City Clerk may also publish such notice once in a newspaper of general circulation in
the City, and shall mail such notice to each owner of the property described in the notice, as
shown by the latest assessment roll available to the City on the date of mailing. The failure
of the City Clerk to publish such notice in a newspaper of general circulation in the City or
the failure of the City Clerk to serve any person required herein to be served shall not
invalidate any proceedings hereunder as to any party duly served to relieve any such person
from any duty or obligation imposed by the provisions of this Section.
(b) The notice shall be published and mailed by the City Clerk at least fifteen (15) calendar
days prior to the time for hearing by the City Council of the objections to the proposed
assessment.
(c) The notice published and mailed by the City Clerk shall be substantially in the form set forth
in Section 3-20.070, except that such notice shall be signed by the City Clerk.
3-20.090 – HearingProtests and objections.
At the time stated in the notice set forth in Section 3-20.070 the City Council or the
Hearing Officer shall receive and consider the report of costs provided for in Section 3-20.050
and shall hear any objections of the owners of the property to be assessed for the abatement
costs. The City Council may modify the report if it deems appropriate. The hearing may be
continued from time to time.Any person filing any protest or objection who is affected by
the proposed charge may file a written report of the objections with the City Clerk at any
time prior to the time set for the hearing on the report of costs. Each such objection must
contain a description of the property in which the signer thereof is interested and the
grounds of the objection. The City Council or the Hearing Officer may modify the report of
costs if it deems it appropriate. The City Council may then, by resolution, or the Hearing
Officer may then, by a final decision, confirm the report as submitted or modified. The
City Council or the Hearing Officer shall make a finding as to whether any attorney's fees
incurred by the City and assessed for the abatement costs were reasonably and necessarily
incurred.
3-20.100 - Action by City Council.
At the conclusion of the hearing provided for in Section 3-20.090, the City Council shall
allow or overrule any objections to the proposed assessment. If no objections have been made at
the hearing or the City Council has overruled those made, the City Council shall, by resolution,
confirm the report of costs as submitted or modified. The City Council shall make a finding
whether any attorney's fees incurred by the City and assessed for the abatement costs were
reasonably and necessarily incurred, provided, however, in no event shall an award of attorney's
fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the City.
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3-20.110 - Payment of abatement costs.
The City Manager may receive payment in full of the abatement costs charged against a
parcel of land at any time after confirmation of the report by the City Council pursuant to Section
3-20.100 and prior to the filing of such report with the County Tax Collector pursuant to Section
3-20.120.
3-20.120 - Filing report with County Tax Collector; collection of assessment.
After the City Council or the Hearing Officer has confirmed the report of costs to abate the
nuisance, and if such costs have not been paid in full, the City Clerk shall at the direction of the
City Manager either (1) cause a lien to be charged against the parcel or (2) transmit a copy of the
report together with a copy of the resolution confirming the same to the County Tax Collector,
who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax
bill as a special assessment for municipal purposes levied against the property on which the
nuisance was maintained or from which said nuisance extended. The amount of the assessment
shall be collected at the time and in the manner as ordinary municipal taxes. If such assessment is
delinquent, the amount shall be subject to the same interest and penalties and procedure of
foreclosure and sale provided for ordinary municipal taxes and the property may be sold after
three (3) years by the tax collector for unpaid delinquent assessments.
3-20.130 - Taxes paid in error; refunds; claims.
The City Council or the Hearing Officer may order refunded all or any part of a tax special
assessment paid pursuant to the provisions of this Article if the City Council finds that all or any
part of the taxspecial assessment has been erroneously levied. A taxspecial assessment, or any
part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before March
1st after the tax became due and payable. The claim shall be verified by the person who paid the
tax or his guardian, executor, administrator, personal representative or successor in interest.
Article 3-25 - GRAFFITI
3-25.010 - Declared nuisance.
(a) The defacing of public and private property, results in the creation of unsightly graffiti.
Graffiti reduces property values, encourages blight and frequently becomes a forum of gang-
related potentially criminal activities.
(b) For the reasons stated in subsection (b) of this Section, the City Council finds and declares
that the presence of graffiti on private or public property constitutes a public nuisance which
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may be abated as such in accordance with provisions of this chapter, or any other applicable
provision of law.
(c) By adopting or utilizing this Article, the City does not limit its discretion or ability to
utilize any criminal, civil or other remedies, or any combination thereof allowed by
law, to address any violations of the City's laws and regulations.
3-25.020 - Definitions.
"Graffiti" means the intentional spraying of paint or marking of paint, ink, chalk, dye or
other similar substances upon private or public property without permission of the owner of the
property.
3-25.030 - Graffiti prohibited.
It is unlawful for any person to intentionally place graffiti upon any private or public
property.
3-25.040 - Council to determine costs.
The City Council shall from time to time determine and fix an amount to be assessed as
administrative costs excluding the actual cost of removal of the graffiti, in accordance with
Section 3-15.120.
3-25.050 - Authority to remove.
Upon discovering the existence of graffiti on private or public property within the City, the
City Manager shall have the authority to cause the abatement and removal thereof in accordance
with the procedure prescribed in this Article.
3-25.060 - Graffiti removal.
The City Manager shall determine the type of removal process, which may include, but is
not limited to painting out, washing of surface, sanding or fence plank replacement.
3-25.070 - Prior consent for removal.
Private property owners may submit prior written consent authorizing the City to abate
graffiti upon discovery.
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3-25.080 - Notice of intention to abate and remove graffiti—Form.
(a) If a prior written consent pursuant to Section 3-25.070 has not been submitted to the City by
the current owner of the real property shown on the last equalized assessment roll of the
County or as known to the City Manager, the City Manager shall cause a notice of intention
to remove graffiti to be mailed by registered or certified mail served to the owner of the real
property upon which graffiti has been unlawfully applied pursuant to Section 3-10.030.
The notice shall advise the following:
(1) If consent to remove the graffiti is provided to the City by the owner, or by any person
authorized by the owner, within ten (10) calendar days of mailing the notice, the City
shall remove the graffiti at no cost to the owner.
(2) If the owner objects to removal of the graffiti by the City and/or to the costs which shall
be assessed to the owner the owner may request a hearing pursuant to Section 3-15.070
of this Chapter by delivering to the office of the City Manager within ten (10) calendar
days of the mailing of the notice, a written request for a hearing in the form described in
the notice provisions of subsection (b) of this Section.
(3) If within ten (10) calendar days of the mailing of the notice, the graffiti has not been
removed and the City has not received from the owner either a consent to remove the
graffiti or a written request for a hearing, then the City shall be entitled to remove the
graffiti and assess the costs of administration and removal of the property owner.
(b) The notice of intention to remove graffiti shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE
AND REMOVE GRAFFITI
____________
____________
____________
Re: Graffiti at (property address)
As owner shown on the last equalized assessment roll of the real property located at
____________ you are hereby notified that the undersigned had determined pursuant Section 3-
25.010 of the Saratoga Code of the City of Saratoga that there exists upon said real property
certain graffiti which constitutes a public nuisance.
The City of Saratoga desires to remove the Graffiti as quickly as possible. If within ten (10)
calendar days of the mailing of this notice you, or any person authorized by you, provides the
City with written consent to remove the Graffiti, the City shall remove the Graffiti at no expense
to you as the owner. If within ten (10) calendar days of the mailing of this notice, the Graffiti
has not been removed and the City has not received from you written consent to remove the
Graffiti, the City shall determine the Graffiti a public nuisance and assess the costs of
administration and removal to you without a hearing.
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If you object to the removal of the Graffiti from your property by the City and/or to the costs
which shall be assessed to you pursuant to the terms of this letter, you may request a hearing
before a Hearing Officer appointed pursuant to Section 3-15.0870 of the Code of the City of
Saratoga by delivering to the City Manager within ten fifteen (1510)calendar days of the
mailing of this notice, a written request for a hearing setting forth the nature of your objections.
You may appear in person at any hearing, or by any other responsible party or, in lieu
thereof, you may present a sworn statement of the reasons you object to the removal of the
graffiti from your property by the City and/or to the costs to be assessed. The sworn statement
must be delivered to the City Manager before the time set for the hearing.
If you desire the City to remove the graffiti from your property at no expense to yourself,
please provide written consent to the City on or before ____________, 20____________. A
consent form is included with this notice, for your convenience.
Notice mailed: ____________
____________
City Manager
City of Saratoga
3-25.090 - Treble damages.
Upon entry of a second or subsequent civil or criminal judgment within a two (2) -year
period finding that any person is responsible for the unlawful application of graffiti, a fine in the
amount of three times the costs of abatement shall be paid by the violator(s).
Article 3-30 - ADMINISTRATIVE CITATIONS
3-30.010 - Applicability.
(a)Use of this Article shall be at the sole discretion of the City and is one remedy that the
City has to address violations of the Code, as defined in this Article. This Article provides for
imposition of an administrative fine pursuant to a citation for any violation of the Code, as
well as for a breach or violation of any condition of a permit, approval or license issued
pursuant to the Code. By adopting or utilizing this Article, the City does not intend to limit its
discretion or ability to utilize any criminal, civil or other remedies, or any combination thereof
allowed by law, to address any violations of the City's laws and regulations. This remedy may
be utilized in place of, or in addition to, any other remedy allowed by the Code or State
law. The Enforcement Officer shall have discretion to utilize any remedy or remedies as
authorized by law.
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(b) This Article makes any violation of the provisions of the Saratoga City Code and other
regulations subject to civil administrative fines.
(c) This Article establishes the administrative procedures for the imposition, enforcement,
collection and administrative review of civil administrative fines pursuant to California
Government Code Section 53069.4.
(d) An administrative fine shall be imposed by means of an administrative citation issued by an
Enforcement Officer and shall be paid directly to the City of Saratoga. Payment of a fine
shall not excuse a failure to correct a violation nor shall it bar further enforcement action by
the City.
3-30.020 - Definitions.
As used in this Article, the following words are defined as follows:
Citation means an administrative citation that is issued to a responsible person pursuant to
this Article.
Citee means a responsible person to whom a citation is issued.
City means the City of Saratoga, California.
Civil fine is the monetary sanction established by resolution of the City Council that is
imposed by a citation.
Code means and includes:
(1) The entire Saratoga City Code and all Santa Clara County and State codes incorporated
therein by adoption or reference;
(2) Any condition imposed upon any entitlement, permit, approval or license;
(3) Any uncodified ordinance adopted by the Saratoga City Council; and
(4) All other State laws applicable to conduct or land use in the City of Saratoga.
Director means the Community Development Director of the City of Saratoga or that
person's designee.
Enforcement Officer and Officer mean any officer, agent or employee of the City
designated by the City Manager to have the authority and responsibility to enforce this Code.
Hearing Officer means a person, agency or body designated by the City Council to consider
all timely requests for an administrative hearing upon issuance of a citation.
Notice of violation means a written notice to a responsible person that a violation of this
Code has occurred. This notice may include a warning that an administrative citation assessing
fines may be issued unless the violation is terminated or abated.
Owner means and includes any person having legal title to, or who leases, rents, occupies or
has charge, control or possession of, or responsibility for, any real property in the City, including
all persons identified as owners on the last equalized assessment roll of the Santa Clara County
assessor's office. An owner of personal property or animals shall be any person who has legal
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title, charge, control or possession of, or responsibility for, property. An owner may include an
agent, manager or representative thereof.
Person means and includes any individual, partnership of any kind, a corporation of any
kind, limited liability company, association, joint venture or other organization or entity,
however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or
any combination of such persons. "Person" also includes any public entity or agency that acts as
an owner in the City.
Property or premises means any real property, or improvements thereon, or portions
thereof, as the case may be. "Property" includes any parkway or unimproved public easement
abutting such real property. "Property" shall also include all forms of personal property or
animals, where applicable.
Responsible person means any person, whether as an owner, lessee, licensee, or otherwise,
that allows, causes, creates, maintains, or permits a violation of the Code to exist or continue, by
any act or the omission of any act or duty.
Violation means an act or omission of any act, or use or condition that constitutes an offense
of the Code, as well as a breach or violation of any condition of a permit, approval or license
issued pursuant to the Code. A "transient" violation is one that is brief or spontaneous in its
commission, or that is not typically confined to a fixed location. A "nontransient" violation is
continuing in nature and generally present at one location and is also described as a "continuing"
violation.
3-30.030 - Scope.
This Article provides for imposition of a civil fine pursuant to a citation for any violation of
the Code, as well as for a breach or violation of any condition of a permit, approval or license
issued pursuant to the Code. This remedy may be utilized in place of, or in addition to, any other
remedy allowed by the Code or State law. The Enforcement Officer shall have sole discretion to
utilize any remedy or remedies as authorized by law.
3-30.040 - Issuance of notice of violation.
(a) No administrative citation may be issued unless a notice of violation has first been issued in
accordance with this Section unless the violation creates an immediate danger to health or
safety. When an Enforcement Officer determines that a responsible person has committed a
violation of the Code, the Officer shall issue a notice of violation to the responsible person.
Such notice shall serve as a written warning of responsibility and require immediate action
by the responsible person to abate the violation. The notice of violation shall specify a date
within a period of at least five days of the issuance or such longer period as the Officer
determines, by which the violation can reasonably be abated. If, after said correction period,
the violation is not abated, the Enforcement Officer may issue an administrative citation
assessing fines in accordance with this Article.
(b) The notice of violation shall specify:
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(1) Name and mailing address of the responsible person;
(2) The address or description of the location of the violation;
(3) The date of commission of the violation(s) or detection thereof by an Enforcement
Officer;
(4) The Code provision(s) violated;
(5) A description of the violation(s);
(6) The action(s) required to correct the violation(s) and any deadlines or time limitations
for commencing and completing such action(s);
(7) Possible amount of the fine for each violation, and the procedure and place to pay the
fine(s), and any late charge(s), if not timely paid;
(8) The name and signature of the Enforcement Officer issuing the notice of violation; and
(9) Any other information deemed necessary by the Officer.
(c) On such form as may be provided for by the Director, any responsible person cited for a
violation that does not cause immediate danger to health or safety may petition the Officer
for an extension of time to correct the violation so long as the petition is received before the
end of the period allowed for correction, as stated in the notice of violation. The Officer
may, in the Officer's sole discretion, grant an extension of time to correct the violation if the
Officer determines that the responsible person has supplied sufficient evidence showing that
the correction cannot reasonably be made within the stated period. The Officer's decision
shall be final and, notwithstanding any other provision of this Code, not subject to appeal
except in an appeal challenging the issuance of an administrative citation.
3-30.050 - Issuance of administrative citation.
(a) Whenever an Enforcement Officer determines that a violation of the Code has occurred, the
Officer may issue a citation on a form approved by the City Attorney imposing a civiln
administrative fine or fines to the responsible person(s) if such violation is not corrected
by the time specified in the citation. An Enforcement Officer may issue an
administrative citation without a period for correction upon witness of any transient
violation as defined in Section 3-01.020 or if a Notice of Violation pursuant to Section
3-10.050 has previously been served.in accordance with the provision of this Article. The
citation shall be issued following the correction period specified in the notice of violation or,
if the violation creates an immediate danger to health or safety, concurrently with the notice
of violation.
(b) An Enforcement Officer may issue a notice of violation and/or a citation for a violation not
committed in the Officer's presence if the Officer has determined, through investigation, that
the Citee did commit, or is otherwise responsible for, the violation.
(c)Pursuant to the fine amount set forth within this Article or a schedule of fines adopted
from time to time by resolution by the City Council in accordance with state law, a
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separate fine may apply for eEach day on which a transient violation occurs and each day
upon which a nontransient violation continues, shall be a separate violation for which a
citation may be issued.
(d) Each citation shall contain the following information:
(1) Name and mailing address of the responsible person;
(2) The address or description of the location of the violation;
(3) The date of commission of the violation(s) or detection thereof by an Enforcement Officer;
(4)If applicable, tThe date the a Nnotice of Vviolation was issued and the date that notice set
for correction of the violation;
(5) The Code provision(s) violated;
(6) A description of the violation(s);
(7) Amount of the fine for each violation, and the procedure and place to pay the fine(s), and
any late charge(s), if not timely paid;
(8) When appropriate, the action(s) required to correct the violation(s), and, if applicable, any
deadlines or time limitations for commencing and completing such action(s);
(9)Appeal information. If a Notice of Violation has not been previously served, a
statement advising (i) that such responsible person(s) may appeal the administrative
citation to the Hearing Officer pursuant to Section 3-10.050 of this Code, and (ii) that
failure to appeal will constitute a waiver of all right to an administrative hearing and
determination of the matterA description of the citation review process and the manner by
which a hearing on a citation may be obtained (including the form to be used and the period
in which a request must be made in order to be timely);
(10)The name and signature of the Officer; and
(11)Any other information deemed necessary by the Officer.
(e) Service of the administrative citation shall be made pursuant to Section 3-10.030.
3-30.060 - Service.
The Enforcement Officer may issue a notice of violation, administrative citation, or any
other notice, order, or other document required to be given by this Article by personal service,
mail, or posting as specified below.
(1) For personal service the Enforcement Officer shall attempt to locate and personally
serve the responsible person and obtain the signature of the responsible person on the
administrative citation. If the responsible person served refuses or fails to sign the
document(s) served, the failure or refusal to sign shall not affect the validity of the
citation or of subsequent proceedings. If an agent, manager or representative of a
responsible person is personally served, a copy of the document(s) served shall also be
served by first class mail to the responsible person at his/her last-known business or
residence address as the same appears in the records of the City, or, if the City lacks
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such records, the County. In such instances, the date a copy of the document(s) served is
deposited with the U.S. Postal Service shall constitute the issuance date.
(2) For service by mail the Enforcement Officer shall mail the document(s) being served by
certified mail, postage prepaid with a requested return receipt at the recipient's last-
known business or residence address as the same appears in public records of the City,
or, if the City lacks such records, the County. Simultaneously, the citation may be sent
by first class mail. If the document(s) is sent by certified mail and the certification is
returned unsigned, then service shall be deemed effective pursuant to first class mail,
provided the document(s) sent by first class mail is not returned.
(3) For violations involving real property, if the Enforcement Officer is not able to serve
the responsible party in person or by mail, the Enforcement Officer shall post the
document(s) to be served on any real property within the City in which the City has
knowledge that the responsible person has a legal interest or possession, dominion and
control of, such property, or a portion thereof. Such posting shall be deemed effective
service, and the date of posting shall constitute the date of service.
3-30.070 -AdministrativeCivil fines, late charges—Collection of fees and costs.
(a) The amount of the fines for violating particular provisions of this Code shall may be set in a
schedule of fines adopted from time to time by resolution by the City Council in accordance
with state law. The schedule may include escalating fine amounts for repeat violations
occurring within specified periods of time.
(b) The schedule of fines shall specify the amount of late payment penalty owed for any fine not
paid when due.
(c) Where no amount is specified by resolution of the City Council, the following fines shall
apply:
(1) A fine not exceeding one hundred ($100.00)dollars per day for a first violation;
(2) A fine not exceeding two hundred ($200.00)dollars per day for a second violation of
the same ordinance or permit within one year from the date of the first violation; and
(3) A fine not exceeding five hundred ($500.00)dollars per day for each additional
violation of the same ordinance or permit within one (1) calendar year from the date of
the first violation.
Separate fines shall apply for each separate violation, however, in the event that multiple
violations are found to occur as a result of an investigation, each such violation listed in the first
citation following the investigation shall be considered a "first violation".
(d) Civil Administrative fines and any late charges due shall be paid to the City at such
location or address as stated in the citation, or as may otherwise be designated by the City
Manager.
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(e) The due date for the City's receipt of a civil an administrative fine shall be thirty (30)
calendar days from the issuance date of a citation. Thereafter, a late charge shall be due and
owing.
(f) Payment of a civil n administrative fine shall not excuse or discharge a Citee from the duty
to immediately abate a violation of the Code, nor from any other responsibility or legal
consequences for a continuation or repeated occurrence(s) of a violation of the Code.
(g) Abatement of a violation shall not excuse the obligation of a Citee to pay a civiln
administrative fine, or any late charge.
(h) Unpaid civil administrative fines and/or late charges shall constitute a debt that may be
collected in any manner allowed by law. Where authorized by law the City shall be entitled
to recover its attorney’s fees and costs arising from an action to collect a civiln
administrative fine and/or late charge if it is the prevailing personparty.
3-30.080 - Right to an administrative hearing.
(a) Any Citee may contest the issuance of a citation by filing a request for an administrative
hearing with the Office of the City Clerk. The request for an administrative hearing shall be
made on a City-approved form and filed within fifteen calendar days from the issuance date
of a citation. If the Office of the City Clerk does not receive the request in the required
period, the Citee shall have waived the right to a hearing and the citation and fine shall be
deemed final.
(b) No fee shall be charged for the filing of a request for a hearing.
(c) Requests for a hearing shall be accompanied by the entire amount of the fine stated in the
citation. Failure to deposit a fine, or the tender of a nonnegotiable check in the required
period, shall render a request for an administrative hearing incomplete and untimely. Fines
that are deposited with the City shall not accrue interest. Fines deposited shall be returned to
the person tendering the fines within thirty days in the event a citation is overturned. The
City Manager, upon concurrence of the Director of Public Works, may waive the
requirement for advance deposit of the fee for hardship in accordance with hardship
standards and procedures to be adopted by the City Manager and Director of Public Works
from time to time.
3-30.090 - Administrative hearing.
(a) Administrative hearings shall be conducted by the Hearing Officer appointed pursuant to
Section 3-15.070 of this Code.
(b) The hearings shall be attended by the Enforcement Officer and the Citee (and/or an
authorized representative) and conducted pursuant to rules of procedure established in
accordance with Section 3-15.070 of this Code.
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(c) After considering all of the testimony and evidence submitted at a hearing, the Hearing
Officer shall issue an administrative order at the conclusion of the hearing or within fifteen
days to uphold or overturn the citation and shall state the reasons thereof. If the citation is
upheld and the violation has not been fully corrected as of the date of the hearing, the
Hearing Officer shall order correction thereof in the decision and state deadline(s) to
complete such action(s). The decision of the Hearing Officer shall be final. All fines shall
become immediately due and owing to the City in the full amount and if not paid may be
collected as provided in this Code. If a citation is not upheld, the City shall return the fine
deposit in accordance with Section 3-30.080.
(d) The Superior Court is the sole reviewing authority and an appeal from a Hearing Officer's
decision is not appealable to the City Council. If a responsible person prevails after final
judgment of the reviewing court, the City shall reimburse that person's fine deposit in
accordance with the court judgment. These monies shall be mailed to the responsible person
within thirty calendar days of the City's receipt of a notice of final judgment or ruling from
the Superior Court Clerk.
3-30.100 - Collection of delinquent fines.
(a) The City may use all available legal means to collect past due fines and other related costs.
(b) Any person who fails to pay any fine shall be liable in any action or collection procedure
brought by the City for all costs incurred to obtain payment of the delinquent amount,
including, but not limited to, administrative costs, collection costs, and attorneys' fees.
(c) Collection costs shall be in addition to any penalties, interest and late charges imposed upon
the delinquent obligation.
(d) Commencement of an action to collect a delinquent fine shall not preclude issuance of one
or more additional citations to the legally responsible person if the violation or violations
persist after the date for correcting them as stated in the administrative order.
3-30.110 - Collection by lien.
(a) If the fine owed by a Citee is for one or more violations on the Citee's property, and the
citation was issued to abate a nuisance, and the amount has been delinquent ninety days or
more, the delinquent amount shall become a lien on the property on which the violations
occurred.
(b) The City shall give written notice to the Citee of a hearing before the City Council regarding
the delinquent fine amount and related costs. The notice shall be mailed by first class mail at
least fourteen days before the hearing. The notice shall state:
(1) The citation or citations resulting in the delinquent fine amount;
(2) The total of the delinquent fine amount and related costs;
(3) The date the delinquent fine amount was due;102
2016 Annual Code Update Page - 33
(4) The street address, assessor's parcel number and legal description of the property upon
which the violations occurred;
(5) The date, hour and place of the hearing;
(6) A statement that the cited person or other legally responsible person may appear and be
heard;
(7) A statement that unless the fine amount is paid by the date specified in a resolution by
the City Council, the total amount due will become a lien and special assessment on the
property.
(c) At the lien hearing, the City Council shall hear and consider all competent evidence about
the delinquent fine amount. If it finds the amount is delinquent, it shall make a finding of
fact confirming that the delinquent fine amount and related costs are due the City as costs of
nuisance abatement. If the delinquent amount are affirmed, the total amount due is to be paid
to the City within five days, after which the amount due will become a lien on the property.
(d) If the amount due is not paid within five days after the City Council confirms it and orders it
paid, the amount due shall constitute a lien upon the real property upon which the nuisance
violations existed and shall be a special assessment against the property. The lien shall
continue until the amount due and interest, computed at six percent per annum from the date
of the City Council's confirmation, is paid or until it is discharged of record. If the amount
due is not paid as required by the City Council's order, a notice of lien shall be recorded in
the Office of the County Recorder and delivered to the County Tax Collector. The notice of
lien shall be in substantially the following form:
NOTICE OF LIEN CLAIM OF THE CITY OF SARATOGA
By the authority of Chapter 3 the Saratoga City Code, an administrative citation or citations
were issued regarding nuisance abatement at the real property described below. Fines were
assessed for the nuisance. By action of the City of Saratoga City Council, recorded in its
official minutes, the fines and related costs were confirmed as delinquent and assessed
against the property as costs of nuisance abatement.
The delinquent amount was not paid, therefore the City of Saratoga claims a lien on the real
property for the costs of abatement in the amount of
$____________/____________/____________, which shall be a lien on the real property
until it is paid, with interest at the rate of 6% per annum from the ____________ day of
____________, 2 ____________ [insert the date the City Council confirmed the delinquent
fines and related costs]. The lien shall continue until paid in full and discharged of record. It
shall also be a personal obligation against [insert name of property owner].
The real property upon which a lien is claimed is that certain parcel of land in the City of
Saratoga, County of Santa Clara, State of California, described as follows:
[Insert legal description.]
Dated this ____________ day of ____________, 2 ____________.
City of Saratoga
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2016 Annual Code Update Page - 34
By: ____________
Mayor, City of Saratoga
(e) After the lien is confirmed and recorded, a certified copy of it shall be filed with the County
Auditor. The description of the parcel reported to the Auditor shall be the one used by the
County Assessor's map book for the current year. The County Auditor shall enter each
assessment on the County tax roll for the reported parcel of land. The amount of the
assessment shall be collected at the time and in the manner of ordinary municipal taxes.
(f) If delinquent, the lien amount is subject to the same penalties and procedure of foreclosure
provided for ordinary municipal taxes. As an alternative method of collection, the County
Tax Collector, in his/her discretion, may collect the assessment without reference to the
general taxes, by issuing separate bills and receipts for the assessment. Laws relating to the
levy, collection and enforcement of County taxes shall apply to such special assessment.
(g) The City may receive the amount due on the abatement costs and issue receipts at any time
after the confirmation of the statement, before August 1st of that current year. The City
Council may order a refund of any lien or assessment paid under this Section if it finds that
all or part of the assessment has been erroneously levied. An assessment or part thereof shall
not be refunded unless a claim is filed with the City Clerk on or before March 1st after taxes
become due and payable. The claim shall be verified by the person who pays the tax, or
his/her guardian, executor, or administrator.
3-30.120 - Responsibility of parent(s) and/or legal guardians.
Whenever the responsible person is a person under the age of eighteen, the Enforcement
Officer shall provide copies of all notices, citations, and other documents specified in this Article
to the parent(s) and/or legal guardian(s) of the responsible person. Any fine levied pursuant to
this Article many be levied jointly and severally against the juvenile and the parent(s) and/or
legal guardian(s) of the juvenile. The parent(s) and/or legal guardian(s) shall have the right to a
hearing and judicial review as set forth in this Article.
3-30.130 - Miscellaneous provisions.
(a) Failure of a Citee to comply with a corrective action stated in any uncontested citation, or
with regard to a correction order in any Hearing Officer's decision that is deemed confirmed,
shall constitute a misdemeanor.
(b) Any person having a record of noncompliance with corrective action or nonpayment of
fine(s) may be required to post security in the form acceptable to the City Attorney to ensure
compliance with the Code as a condition to the issuance of any entitlement, permit, approval
or license.
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2016 Annual Code Update Page - 35
(c) The Officer may dismiss a citation at any time if a determination is made that it was issued
in error, in which event any deposit of a fine shall be refunded. Notice of such action shall
be given to the Citee in writing.
(d) The City Manager is authorized to promulgate procedural rules and regulations governing
the civil administrative citation process consistent with this Article and applicable law.
2. Bicycles
9-60.010 - Licensees.
(a)License required.It shall be unlawful for any person to operate or use a bicycle within the
City unless such bicycle is registered and licensed and equipped as provided in this Article.
This regulation shall not apply to any person who is not a resident of the City if his bicycle
has affixed thereon a valid, unexpired license issued by another jurisdiction.
(b)Application.Application for a bicycle license shall be made to the County Sheriff
Department or the Central Fire District or other agency or public official authorized to issue
bicycle licenses in the City, hereinafter in this Article referred to as the "licensing agency."
The licensing agency shall issue the license if the bicycle complies with the safety
requirements prescribed in this Article and a serial number is stamped or cast thereon as
required under Section 39007 of the Vehicle Code.
(c)Fees.The fees to be paid for issuance of the bicycle license shall be as follows:
(1) For each new license: two dollars.
(2) For each transfer of registration: one dollar.
(3) For each replacement of a license or registration certificate: one dollar.
(4) For each license renewal: one dollar.
Revenues from the bicycle license fees shall be used for any or all of the purposes
authorized in Section 39004 of the Vehicle Code.
(d)Attachment of license; registration.The licensing agency shall obtain the license indicia
and registration forms from the State Department of Motor Vehicles and shall affix each
license to the bicycle frame and issue registration certificates as prescribed in Section 39001
of the Vehicle Code. The licensing agency shall keep a record of each license, showing the
name, address and telephone number of the licensee, the make, type and serial number of the
bicycle, the date on which the license was issued and the license number.
(e)Replacement license.In the event any bicycle license or registration certificate issued
pursuant to this Section is lost, stolen or mutilated, the licensee shall immediately notify the
licensing agency and, within ten days after such notification, shall apply to the licensing
agency for a replacement license or registration certificate. The licensing agency shall issue
such replacement license or registration certificate upon payment by the licensee of the fee
prescribed in Paragraph (c)(3) of this Section.
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2016 Annual Code Update Page - 36
(f)Change of address.Any licensee who changes his address shall, within ten days after such
change, notify the licensing agency of the old and new address.
(g)Alteration prohibited.No person shall willfully or maliciously tamper with, destroy,
mutilate, remove or alter any license or registration certificate issued pursuant to this Section
during the time such license remains operative, or tamper with, destroy, mutilate, remove or
alter the serial number or the identifying marks on any bicycle which has been licensed
pursuant to this Section.
(h)Penalties for violation.The violation of any provision of this Section shall constitute an
infraction for which a fine may be imposed in the amount of ten dollars. In addition to such
fine, the licensing agency shall have the right to impound and retain possession of any
bicycle that does not have affixed thereon a valid, unexpired license until the owner of such
bicycle complies with the provisions of this Section.
9-60.020 - Reports of sales and transfers.
(a)Return of registration certificate.Any person who sells or otherwise disposes of a bicycle
which has been licensed pursuant to this Article shall endorse upon the registration
certificate for such bicycle a written transfer of the same, setting forth the name, address and
telephone number of the transferee, date of transfer and signature of the transferor, and shall
deliver the registration certificate, so endorsed, to the licensing agency within ten days from
the date of transfer.
(b)Application for license by transferee.Any person who purchases or otherwise acquires
possession of a bicycle which has been licensed pursuant to this Article shall, within ten
days after taking possession, apply to the licensing agency for transfer of the license to his
own name.
(c)Report of sales by dealers.Every bicycle dealer engaged in the business of selling new or
used bicycles in the City shall furnish to each purchaser a preregistration form containing
the information required under Section 39006 of the Vehicle Code and shall forward a copy
of such form to the licensing agency within ten days from the date of sale. As used herein,
the term "bicycle dealer" means any person who sells, buys or takes in trade for the purpose
of resale, more than five bicycles in any one calendar year, whether or not such bicycles are
owned by such person.
[Sections 9-60.030-.060 omitted - no proposed changes.]
3. Storage of Personal Property and Materials
15-12.160 - Storage of personal property and materials.
(a) Unenclosed storage of personal property is not permitted in this district, except as provided
in subsection (b) of this Section.
(b) Unenclosed storage of personal property is permitted in this district in any area other than
any portion of any required front setback area, any required exterior side or rear setback area
of corner lots, rear setback area of double frontage lots and any unimproved parcel or any
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2016 Annual Code Update Page - 37
unimproved right-of-way of any public street, in which areas such storage is prohibited. In
those prohibited areas, one or more of the items listed in subsections (b)(1) through (5)(6)of
this Section may be stored so long as such storage is not for any period of time in excess of
five consecutive days and not in excess of a total of eighteen days in any calendar year. For
example, if multiple items listed in subsections (b)(1) through (5)(6)of this Section are
stored concurrently in the prohibited areas for five consecutive days, such storage shall
constitute a total of five days of the eighteen days allowed per calendar year. On the other
hand, if, for example, a boat is stored for four consecutive days and subsequently a
recreational vehicle is stored for three consecutive days, such storage shall constitute a total
of seven days of the eighteen days allowed per calendar year. There shall be at least fifteen
calendar days' separation between any such uses in consecutive calendar years. No item
prohibited by this Section from additional time of storage may be stored on such site or
setback area unless in compliance with subsection (c) of this Section or pursuant to a
temporary storage permit issued pursuant to subsection (d) of this Section.
(1) Motor vehicles, except this Section does not limit storage of automobiles in fully
operational condition and currently registered and licensed for operation on public
highways and capable of normal daily use by the occupants of the site.
(2) Recreational vehicles and trailers of any kind or make. Camper units detached from the
truck or other motor vehicle for which they are designed or customarily used shall be
considered trailers for the purpose of this Section.
(3) Boats.
(4) Parts of any of the items of property described in subsection (b)(1), (2) or (3) of this
Section.
(5) Building or construction materials, except this Section does not limit storage of those
materials reasonably required for work under construction on the premises pursuant to a
valid and effective building permit issued in accord with Chapter 16 of this Code, or for
work as to which no building permit is required and which involves storage for no more
than thirty days. In the event the building permit is for new construction or remodeling
affecting more than fifty percent of either the floor area or the exterior walls, Section
16-75.050 shall apply.
(6) Storage containers.
(c) The items of property described in subsection (b) of this Section may be stored in exterior
side and rear setback area of corner lots and rear setback area of double frontage lots for
periods in excess of five consecutive days or a total of eighteen days in any calendar year
where a fence has been legally constructed and/or a compact evergreen hedge or other
evergreen screening has been legally installed of at least six feet in height and of a type
which screens the stored property from public view and reasonably prevents such property
from becoming a nuisance.
(d) The Community Development Director shall have authority, in cases of practical difficulty
or hardship, to grant temporary permits for storage of the items of property described in
subsection (b) of this Section in the front, side or rear setback area of sites for limited
periods of time in excess of five consecutive days or in excess of eighteen days per calendar
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2016 Annual Code Update Page - 38
year. Application for such storage permits shall be in writing, on forms furnished by the City
and shall include a site plan showing the area of the requested storage. Any permit issued
pursuant thereto shall be in writing, shall describe the personal property to be stored, and the
location and time limit of the storage. The Community Development Director may impose
reasonable conditions in any such storage permit, which shall be agreed to in writing on the
face of the permit by the applicant prior to the permit being issued. No such permit may
cause the calendar year limit to be exceeded by more than an additional fourteen days unless
at least ten days before a decision on the application is made, notice has been given to all
owners of property within three hundred feet of the parcel on which the storage is proposed.
The Community Development Director shall also have the authority, for good cause, to
reduce the separation between uses in consecutive calendar years, or allow continued
temporary storage while an application or appeal is pending.
(e) For purposes of this Section, the term "unenclosed storage" means storage of items which
are not completely enclosed within a structure or completely screened from public view by a
permanent solid fence or wall which structure, fence or wall has been constructed or
installed in accordance with Chapter 15 of this Code.
4.Signs
[Sections 15-30.010 -.100 omitted - no proposed changes.]
15-30.110 - Temporary on-site signs on lots in any sign district.
In addition to other signs allowed pursuant to this Article, temporary on-site signs that
comply with each of the following standards are allowed on lots in any of the four sign districts
without a permit:
(a) One temporary banner or freestanding on-site sign provided that:
(1) Temporary on-site banner shall comply with the following:
a.The banner shall only be placed on a building.
b.The banner shall not exceed ten square feet in area.
c.The banner shall be constructed of durable all-weather fabric or synthetic
material.
d.Each lot shall be free of temporary on-site banners at least one hundred eighty
days in a calendar year.
e.No individual temporary on-site banner shall be displayed more than thirty
consecutive days.
(2) Temporary on-site freestanding sign (including, but not limited to, A-frame type
sign) shall comply with the following:
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2016 Annual Code Update Page - 39
a.The sign shall only be located within ten feet from the primary entrance to the
building and shall not impede pedestrian travel.
b.The sign shall not exceed six square feet in area and four feet in height.
c.The sign shall not be affixed to any tree or structure.
d.The sign shall only be displayed when the business is open.
e.The sign shall be constructed of durable all-weather wood, metal, and/or
blackboard.
(b) No business shall display more than one temporary on-site sign at any one time.
(c) No temporary on-site sign shall be located within ten feet of another temporary
sign.
(d) No temporary on-site sign shall be illuminated.
(e) No temporary on-site sign shall include balloons, ribbons, streamers, or other
attention-getting devices.
(f) No temporary on-site sign shall be located on any median, street, or travel lane, or
upon any sidewalk where it impedes pedestrian travel.
[Sections 15-30.120 -.130 omitted - no proposed changes.]
15-30.135 - Temporary off-site signs in residential districts.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on
lots in residential districts without a permit:
(a) Any number of temporary commercial off-site signs (including, but not limited to, real
estate open house signs) are allowed, provided that:
(1) No individual sign shall exceed two square feet in area and three feet in height.
(2) No more than two identical signs per intersection shall be displayed.
(3) The signs shall only be displayed between dawn and dusk.
(4) No sign shall include balloons, ribbons, streamers, or other attention-getting
devices.
(5) No off-site signs shall be located on property without the permission of the
property owner.
(6) No sign shall be located on any median, street, travel lane or on any sidewalk
where it impedes pedestrian travel.
[Sections 15-30.140 -.180 omitted - no proposed changes.]
15-30.190 - Sign conformance, violations and abatement of illegal signs.
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(a)Illegal signs.Any sign, including its supporting structure, other than a legal nonconforming
sign, as defined in subsection 15-30.190(b), that is in violation of this Article shall be
deemed to be a public nuisance and shall be made to immediately conform by written
notice.or removed by the owner of the property on which it is located upon thirty days'
written notice by the City.
(b)Legal nonconforming signs.A "legal nonconforming sign" is a permanent sign that was in
existence on the effective date of the ordinance adopting this Article and that does not
conform to the provisions of this Article.
(1) A permanent "legal nonconforming sign" shall not be considered an "illegal sign", or in
violation of this Article, or required to be removed or made to conform, unless:
a.It is altered or relocated, or
b.A conditional use permit for a new use, or design review pursuant to City Code
Section 15-46.060, is required for the property on which the "legal nonconforming
sign" is located.
(2) Temporary signs and window signs are not considered permanent legal nonconforming
signs for the purposes of this Article.
(3) The owner of the sign shall bear the burden of demonstrating to the Director that the
sign was in existence on the effective date of the ordinance adopting this Article, and
the Director's determination shall be final.
(4) Notwithstanding the foregoing, all legal nonconforming signs must comply with the
maintenance requirements of subsection 15-30.030(i).
(c)Illegal sSigns on public property.Any sign located upon or affixed to any public property
in violation of the provisions of this Article is subject to removal, upon the City giving at
least three days' prior written notice of such violation and intended removal to the sign
owner. If the sign owner cannot be ascertained or found after reasonable efforts to do so, the
notice shall be posted upon the sign for a period of at least three days prior to the removal of
the sign. Any such sign that constitutes an immediate and substantial hazard to the public
health or safety may be promptly abated and removed with written notice of the removal
provided to the sign owner, or without notice if the owner cannot be promptly ascertained.
(d)Sign removal.Except as provided in subsection 15-30.190(b), all signs presently existing
and not in conformity with the provisions of this Article constitute a violation of this Code
and shall be removed or made to conform to the provisions of this Article.
(1) Any sign removed pursuant to this Article will be retained by the City for a period of at
least ten days, during which the sign owner may retrieve the sign upon payment of all
removal costs or an administrative fine established by the City Council, whichever is
greater. Any person desiring to contest such payment may request a hearing before the
Community Development Director, who shall waive the payment if he determines that
the sign did not violate any provisions of this Article. The decision of the Community
Development Director can be appealed to the City Council.
(2) Any sign not retrieved within the ten-day period shall conclusively be deemed to have
been abandoned by the owner thereof and may be destroyed or otherwise disposed of by
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2016 Annual Code Update Page - 41
the City. The City shall have the right to recover from the owner of such sign all
removal and destruction costs.
(e)[Violation.]Each sign found to be in violation of any provision of this Article shall
constitute a separate violation of this Code.
(f)[Additional enforcement.]The enforcement of sign regulations pursuant to this Section
shall be in addition to any other rights and remedies available to the City under Chapter 3 of
this Code by reason of the same violation.
[Sections 15-30.200 -.210 omitted - no proposed changes.]
111
SARATOGA BAIL SCHEDULE
P.A. – Penalty Assessment under PC 1464
P/C – Eligible for Proof of Correction
CRM CAT – Criminal Category
File Div – Filing Division
CT – Court Appearance Required
X – No County Wide Range found
Saratoga City
Code Section
Offense/Description Current
Bail
Requested
Bail
Amount
County
Wide
Range
P.A. P/C CRM
CAT
File
Div.
2-10.150 Contempt of City Council 100 +CT 1,000 +CT 100 N N M CR
4-05.050 Business license required 100 +CT 1,000 +CT 50-500 N N M CR
4-50.020 Solicitor/Peddler permit required 100 +CT 1,000 +CT 50-250 N N M CR
455.040 (a)/(b)Massage Establishment/Managing
Employee permit required
500 +CT 1,000 +CT 100-1,000 N N M CR
4-55.040(c)Massage Practitioner permit/certificate
required
250 +CT 1,000 +CT X N N M CR
4-60.030 Motion Picture Filming permit required 250 +CT 1,000 +CT 100-250 N N M CR
4-70.020 Restaurant Certification required 100 +CT 1,000 +CT 100 N N M CR
6-15.010 Congregating Near Emergency Scene 100 + CT 1,000 +CT 100-1,000 N N M CR
6-15.050 Public Intoxication 100 1,000 X Y N M CR
6-15.070(a)Discharge of Pollutant in Storm Drain 500 + CT 1,000 +CT 100-1,000 N N M CR
6-15.080(a)Obstruction of Watercourse 500 + CT 1,000 +CT X N N M CR
6-15.090(a)Sale of Weapons to Person Under 18 250 + CT 1,000 +CT 250-750 N N M CR
112
6-15.100(a)Discharge of Weapon Within City Limits 250 + CT 1,000 +CT 50-750 N N M CR
6-15.110 Paraphernalia Exhibition Room for
Controlled Substance
250 +CT 1,000 +CT 250-750 N N M CR
6-15.120(a)Alcohol Consumption by Minors at
Unsupervised Social Gatherings
250 + CT 1,000 +CT 50-250 N N M CR
6-15.130 Disturbance, 2nd Police Response required 250 1,000 250 Y N M CR
6-15.140 Offensive Conduct
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
X
100
200
500
X N N I CR
6-15.160(a)Unsecured Display of Spray Paint or
Marker Pen
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100-1,000 N N I CR
6-15.170(a)Targeted Picketing of Residence 100 +CT 1,000 +CT 100-1,000 N N M CR
7-05.050 Frequency of Garbage Disposal
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 + CT +CT
100
200
500
100 N N I CR
7-05.090 Burning Solid Waste
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
25-250 N N I CR
7-05.100 Dumping on Public Property
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100-250 N N I CR
7-05.290 Unauthorized Garbage Collection
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100-1,000 N N I CR
7-05.310 Unauthorized Deposit of Garbage 100 +CT +CT 50-100 N N I CR
113
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100
200
500
7-20.030 Refusal to Permit Inspection by Animal
Control Officer
X 1,000 X N N M CR
7-20.060 Wild or Non-Domestic Animal Kept 250 +CT 1,000 +CT 204-1,000 N N M CR
7-20.145 Dangerous Dogs 250 +CT 1,000 +CT 100-250 N N M CR
7-20.170 Animal Maintenance
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100-1,000 N N I CR
7-20.210 Private/Commercial Kennel permit
required
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100-250 N N I CR
7-20.225 Animals Not Secured in Vehicles
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100-750 N N I CR
7-20.230 Beekeeping 150 +CT 1,000 +CT 150-300 N N M CR
7-30.070 Exhaust Fans Shall be Enclosed
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100 N N I CR
7-35.060 Tobacco Samples and Vending Machine
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100 N N I CR
7-45.030 Commercial Property Maintenance 250 +CT 1,000 +CT 50-250 N N M CR
8-05.030 Storage of Hazardous Material 500 +CT 1,000 +CT 100-1,000 N N M CR
8-05.040 Hazardous Material Storage permit
required
500 +CT 1,000 +CT 100-500 N N M CR
114
9-55.010 Storage of Inoperative Vehicle/Part
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100 N N I CR
10-05.010(a)Placing Obstruction in Street 100 +CT 1,000 +CT 100-1,000 N N M CR
10-05.020 Blocking Free Passage 50 +CT 250 +CT 100-1,000 N N M CR
10-05.055 Sales On Public Right of Way
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
300
X N N I CR
10-10.020 Special Event permit required 100 +CT 1,000 +CT 100-500 N N M CR
10-15.010 Excavation permit required 250 +CT 1,000 +CT 100-1,000 N N M CR
10-20.050 Encroachment permit required 250 +CT 1,000 +CT 250-1,000 N N M CR
11-05.030
(a-j)
Act Prohibited in Park
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100-500 N N I CR
11-05.030(m)Discharge of Pollutant in Watercourse
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100-1,000 N N I CR
15-12.020(g)Zoning Regulation Related to Animal
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100-300 N N I CR
15-12.160 Storage of Personal Property
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
1,000 N N I CR
15-19.020(c)Expressly Prohibited Commercial Use 100 +CT 250 +CT 500-1,000 N N M CR
15-29.010(a)Fencing Exceeding Six Feet
-First Conviction
-Second Conviction
100 +CT +CT
100
200
50-250 N N I CR
115
-Third or Subsequent Conviction 500
15-29.010(b)Fencing Over 3 Feet in Setback
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
50-250 N N I CR
15-29.010(l)Retaining Wall Exceeding Height Limit
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
50-250 N N I CR
15.29.020 Fencing Within Hillside District
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
X N N I CR
15-29.040 Fencing to Mitigate Noise permit required
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
X N N I CR
15-29.050 Fencing Adjacent to Scenic Highway
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
500-1,000 N N I CR
15-29.060 Barbed Wire Prohibited
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
X N N I CR
15-30.050 Sign Prohibited
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
500-1,000 N N I CR
15-30.060(f)Temporary Construction Sign
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
75 +CT +CT
100
200
500
X N N I
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15-30.070 Village Sign District permit required
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
X
100
200
500
X N N I
15-30.080 Prospect Sign District permit required
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT
+CT
100
200
500
50-250 N N I CR
15-30.090 Quito Sign District permit required
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
X N N I CR
15-30.100 Saratoga/Sunnyvale Sign District permit
required
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
X N N I CR
15-30.125 Temporary Subdivision Sign
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
75 +CT +CT
100
200
500
50-100 N N I
15-30.130 Sign in Agricultural and Residential
District
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
75 +CT +CT
100
200
500
X N N I CR
15-30.135 Open House Sign in Residential Zone
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
50 +CT +CT
100
200
500
X N N I
15-30.150 Sign Permit required
-First Conviction
50 +CT +CT
100
X N N I CR
117
-Second Conviction
-Third or Subsequent Conviction
200
500
15-40.010 Home Occupation Violation
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
X N N I CR
15-50.050 Tree Removal Violation
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
100-1,000 N N I CR
15-55.020 Conditional Use Permit Violation 250 +CT 1,000 +CT 250-750 N N M CR
15-56.020 Second Unit permit required 250 +CT 1,000 +CT X N N M CR
15-60.010 Temporary Use permit required 250 +CT 1,000 +CT X N N M CR
15-80.030 Accessory Use and Structure Violation
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
X N N I CR
15-80.070 Stadiums Prohibited 250 +CT 1,000 +CT X N N M CR
15-80.080 Radio and Television Antenna
-First Conviction
-Second Conviction
-Third or Subsequent Conviction
100 +CT +CT
100
200
500
X N N I CR
16-05 Building Permit required 250 + CT 1,000 +CT X N N M CR
16-15 California Building Code Violation 500 +CT 1,000 +CT 1,000 N N M CR
16-20 Uniform Fire Code Violation 500 +CT 1,000 +CT 100-1,000 N N M CR
16-25 Plumbing Code Violation 500 +CT 1,000 +CT X N N M CR
16-30 Mechanical Code Violation 500 +CT 1,000 +CT 100-500 N N M CR
16-35 Electrical Code Violation 500 +CT 1,000 +CT 100-500 N N M CR
16-40 Housing Code Violation 500 +CT 1,000 +CT 100-1,000 N N M CR
16-45 Dangerous Building Code Violation 500 +CT 1,000 +CT 500-1,000 N N M CR
16-50 Moving of Building or Equipment 500 +CT 1,000 +CT 50-250 N N M CR
16-60 Early Warning Fire Alarm System
-First Conviction
500 +CT +CT
100
100-500 N N I CR
118
-Second Conviction
-Third or Subsequent Conviction
500
1,000
16-71 Occupancy Inspection Violation 250 +CT 1,000 +CT X N N M CR
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2016 City of Saratoga Parking Fine Update
Citation Violation Description Fine - Current Fine - Proposed
City Code 9-15.050(c) Parking/Stopping Where Prohibited $58.00 $58.00
City Code 9-15.060(c) Parking in Excess of Time Limit $58.00 $58.00
City Code 9-15.085 Parking in Designated Electric Vehicle Charging Zones $58.00
City Code 9-15.090(a)Parking in Commercial Loading Zone $58.00 $58.00
City Code 9-15.100(a)Parking in Passenger Loading Zone $58.00 $58.00
City Code 9-15.110(a)Parking in Taxi Zone $58.00
City Code 9-15.120(a)Parking in Bus Loading Zone $273.00 $273.00
City Code 9-15.130(a)Parking in Mail Deposit Zone $58.00 $58.00
City Code 9-15.140(d)Parking in Private Loading Space Zones $58.00
City Code 9-15.150(c) Parking in Incorrectly in Angled Parking
City Code 9-20.030(a)Parking in No Parking Zone - City Property $43.00 $43.00
City Code 9-20.030(b)Parking in Reserved Parking - City Property $43.00
City Code 9-25.010(a)Parking in Excess of 72 Hours on Public Street $73.00 $73.00
City Code 9-25.020 Parked While Repairing Vehicle on Public Street $58.00 $58.00
City Code 9-25.030 Commercial Vehicle (More than 20' in length, 8' in height) Parked on
Residential Street Between 8:00 p.m. and 8:00 a.m.
$123.00
City Code 9-35.040 Parking/Stopping Near Emergency Vehicle $273.00
City Code 9-40.050 Truck Parking on Restricted Streets $123.00 $123.00
City Code 10-05.050 Parking on Sidewalk or Pedestrian Walkway $58.00 $58.00
City Code 11-05.040(b)Parking/Stopping in Area Other Than Designated Parking in City Park $58.00 $58.00
City Code 15-12.160 Parking Recreational Vehicles or Boats in Front of a Property for More than
120 Hours/5 Days
$73.00 $73.00
City Code 15-35.110(a)Parking Vehicle Advertised for Sale in Commercial Off-Street Parking Lot $63.00 $63.00
City Code 15-35.110(b)Parking MoreThan One Vehicle Advertised for Sale on Residential Property $63.00 $63.00
Other Parking Violations of the City Code not expressly listed $58.00
CA Vehicle Code 21113(a)Parking/Stopping on Public Property where Prohibited $35.00 $45.00
CA Vehicle Code 22500(a)Parking Within Intersection $35.00 $45.00
CA Vehicle Code 22500(b)Parking in Crosswalkk $35.00 $45.00
CA Vehicle Code 22500(c) Parking Adjacent to Safety Zone & Curb $35.00 $45.00
CA Vehicle Code 22500(d)Parking Within 15' of Fire Station Driveway $35.00 $45.00
CA Vehicle Code 22500(e) Parking Blocking Public or Private Driveway $35.00 $45.00
CA Vehicle Code 22500(f)Parked on Sidewalk $35.00 $45.00
CA Vehicle Code 22500(g)Parking by Exavation/Obstruction & Obstructing Traffic $35.00 $45.00
CA Vehicle Code 22500(h)Double Parking $35.00 $45.00
CA Vehicle Code 22500(i)Parking in Posted Bus Loading Zone $255.00 $265.00
CA Vehicle Code 22500(j)Parkingin Tube/Tunnel $35.00 $45.00
CA Vehicle Code 22500(k)Parking on Bridge $35.00 $45.00
CA Vehicle Code 22500(l)Parking Blocking Wheelchair Ramp $280.00 $290.00
CA Vehicle Code 22500.1 Parking in Posted Fire Lane $50.00 $60.00
CA Vehicle Code 22502(a)Parking with Direction of Traffic with Right Wheels More than 18" from Curb $35.00 $45.00
CA Vehicle Code 22502(e) Parking on One-Way Street with Left Wheels More than 18" from Curb $45.00
CA Vehicle Code 22504(a)Unincorporated Package Area $45.00
CA Vehicle Code 22505(a)Parking on Highway Where Dangerous $45.00
CA Vehicle Code 22505(b)Parking on Highway Where Posted No Parking $35.00 $45.00
CA Vehicle Code 22507.8(a)Parking in Handicap Stall with no Placard in View $336.00 $348.00
CA Vehicle Code 22507.8(b)Parking Obstructing Handicap Stall $336.00 $348.00
CA Vehicle Code 22507.8(c)(1)Parking on Lines Marking Boundaries of Parking Stall $348.00
CA Vehicle Code 22507.8(c)(2)Parking in Handcap Stall Unloading Zone (Crosshatched Lines)$348.00
CA Vehicle Code 22514 Parking within 15' of Fire Hydrant $50.00 $60.00
CA Vehicle Code 22515(a)Parking Vehicle on Highway - Unattended, Without Effectively Setting
Breaks/Stopping Vehicle
$60.00
CA Vehicle Code 22515(b)Parking Vehicle on Highway - Without Effectively Setting Breaks/Blocking
Wheels
$60.00
CA Vehicle Code 22516 Person Locked in Vehicle with No Escape Access $100.00 $110.00
CA Vehicle Code 22521 Parking within 7.5' of Railroad Track $35.00 $45.00
CA Vehicle Code 22522 Parking Within 3' of Sidewalk Access Ramp with Red Paint or Sign $280.00 $290.00
CA Vehicle Code 22523(a)Abandoned Vehicle Upon Highway $250.00 $260.00
CA Vehicle Code 22523(b)Abandoned Vehicle on Public or Private Property $260.00 120
SARATOGA CITY COUNCIL
MEETING DATE:October 5, 2016
DEPARTMENT:Public Works Department
PREPARED BY:John Cherbone, Public Works Director
Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Citywide Transportation Needs Assessment Work Plan
RECOMMENDED ACTION:
Approve the Citywide Transportation Needs Assessment, including the senior transportation pilot,
and authorize the City Manager to execute an agreement with Fehr & Peers in an amount not to
exceed $34,000 to conduct an assessment of transportation needs in Saratoga.
BACKGROUND:
As part of the Fiscal Year 2016/17 Budget, the City Council set aside funds to conduct a
Citywide Transportation Needs Assessment. The project was funded for the purpose of better
understanding transportation needs and opportunities in the City, including the needs of
Saratoga’s aging population that can no longer drive. As an initial step to the assessment, staff is
seeking Council input and authorization on the Transportation Needs Assessment.
Citywide Transportation Needs Assessment
Transportation needs evolve over time mainly in response to changes in demographics and
strength of the local economy. Saratoga's Circulation Element (CE) of the General Plan discusses
the existing state of the transportation network along with policies that guide future
improvements. The CE is normally updated every 7-10 years. The last update to Saratoga's CE
was done in 2010 with an update proposed in 2017.
External impacts of a booming economy and demographic changes, like an aging population
make the next update to the CE an important one. Proactively, the City Council approved
funding in the budget to commission a citywide transportation needs assessment, which will be
incorporated in the next CE update.
Attachment 1 is a proposal from the City's consulting traffic engineers, Fehr & Peers, which
outlines a methodology to determine Saratoga's transportation needs by studying the travel
patterns of residents and those that work in the City. They define the study in 5 tasks.
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Task 1 documents the City's existing transportation network for all users including public
transportation, private vehicles, bicycles, and pedestrians. Maps will be prepared for existing
bicycle and pedestrian facilities including gaps in the network.
Task 2 compiles trip origin and destination data that identifies major destinations within Saratoga
and surrounding jurisdictions. An assessment of the data will be done to determine how
destinations are accessible by each mode of travel.
Task 3 assesses travel characteristics to determine how residents travel. This will be
accomplished by compiling existing data from federal, state, and local travel surveys. Surveys
will be taken at the West Valley College Transit Center and the Village. In addition, major
employers like Apple, Google, and Facebook will be contacted to determine Saratoga ridership
on their private buses.
Task 4 assesses transportation needs in the City by compiling data from Tasks 1-3. Opportunities
and constraints will be identified for improvements to the network.
Task 5 produces the final study report that will summarize transportation needs in the City and
options to improve Saratoga's transportation network to be more accessible to a wider range of
users including first and last mile connectivity.
The fee for this work is a flat fee of $34,000. Again, much of the data and analysis of this report
can be used to update the CE of the General Plan proposed for 2017.
Senior Transportation Pilot Program – Saratoga Senior Taxi Pilot
As part of the assessment, staff is also proposing a pilot program to better understand senior
transportation needs – one of the Council priorities identified at the City Council Retreat in
February 2017. Through this pilot, Saratoga Senior Taxi Pilot (Senior Taxi), 20 Saratoga
residents age 65 or older that cannot drive would be selected to participate in a cost sharing on-
demand taxi service for a period of 6 weeks.
The total program cost to the City would be $5,500 plus staff time. Each participant would pay
$50 for a total of $325 in taxi ride credits.
Participants would be able to use the ride credit however they choose until the credits run out or
the 6-week pilot ends. There is no limit on frequency of use or trip length and rides can be
booked in advance or as needed.
All participant ride information, including pick up and drop off destination, time/day of travel,
ride cost, and ride distance, would be collected by the service provider and provided to the City.
This data will be incorporated into Citywide Transportation Needs Assessment to better
understand the transportation patterns and needs of the community. Additionally, information
resulting from the pilot may inform transportation strategies to fill gaps within existing senior
transportation services. This may result in new programs or make Saratoga more competitive in
seeking grant funding to support these strategies.
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If the program is authorized, the City would begin accepting applications in October and
participants would be selected by City staff and the SASCC Executive Director in early
November. Factors for selection will include ensuring participants reside within different areas in
the City and represent different segments within the community, so that the pilot captures as
much information as possible about the diverse transportation needs of older Saratoga residents.
Shortly after selection, an orientation would be provided to selected participants to ensure
participants know how to use ride credits and book trips and can therefore make the most of the
pilot. Additionally, all applicants and selected participants would be provided with information
about transportation services currently available.
At the end of the orientation, selected participants would be asked to pay $50 to the City and will
be issued a card loaded with $325 worth of ride credit through Yellow Cab Company. Cards will
be purchased and resold by the City for the purposes of the pilot program, which would start mid
November and conclude before the holiday furlough.
At the conclusion of the program, all participants will be surveyed to get a better understanding
of their experience. This survey information and rider data, as well as data from other
organizations in the community that provide transportation services to older adults, would be
used as part of the Citywide Transportation Needs Assessment and included as part of a white
paper detailing the pilot implementation, outcomes, and lessons learned.
Assessment Timeline
If the work plan as proposed is approved, including the Senior Taxi pilot, the assessment should
be complete by early 2017.
FISCAL STATEMENT:
The total cost of the proposed work plan is $39,500. This includes preparation of the assessment
by Fehr & Peers at $34,000 and the pilot program at $5,500. A total of $50,000 was allocated to
the Citywide Transportation Needs Assessment in the Fiscal Year 2016/17 Capital Improvement
Plan.
ATTACHMENTS:
Attachment 1 – Fehr & Peers Citywide Transportation Needs Assessment Proposal
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160 W. Santa Clara Street | Suite 675 | San Jose, CA 95113 | (408) 278-1700 | Fax (408) 278-1717
www.fehrandpeers.com
September 13, 2016
John Cherbone, Director
City of Saratoga Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
Subject: Proposal to Citywide Transporation Needs Assessment in Saratoga, California
Dear Mr. Cherbone:
We outline in this letter our draft proposed work plan to conduct a Citywide Transportation Needs
Assessment for the City of Saratoga, California. Unmet transportation needs will be assessed both
for those that reside and those that work in Saratoga. Fehr & Peers will work closely with the City
of Saratoga staff for this project.
DRAFT SCOPE OF WORK
Below is a draft list of tasks that will be completed for this project:
Task 1: Document Existing Transportation Setting
Fehr & Peers will use existing knowledge of the City of Saratoga and available information from the
City’s General Plan, other City studies (such as sidewalk gap study), transit ridership and route
information, and other available data to document the City’s existing transportation setting. No
new data collection is anticipated. The transportation setting will be documented for all users,
including private vehicles, transit, shuttles, bicycles, and pedestrians. Maps of gaps in the pedestrian
and bicycle networks will be prepared. This work could be incorporated into Circulation Element
Update tentatively scheduled for 2017.
Task 2: Compile Trip Origins and Destinations
Fehr & Peers will compile data to identify major destinations within Saratoga and surrounding
jurisdictions, including:
Schools (those attended by Saratoga residents)
Major transit hubs
Parks
Retail/restaurant destinations
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John Cherbone
September 13, 2016
Page 2 of 3
Employment destinations
As part of this task, we will provide a qualitative assessment of how these destinations are accessible
by each travel mode, including availability of automobile and bicycle parking.
Task 3: Assess Travel Characteristics
Using available data from the U.S. Census Bureau, Metropolitan Transportation Commission (MTC),
Santa Clara Valley Transportation Authority (VTA), household travel surveys, and other sources, we
will document the existing travel characteristics of Saratoga residents and workers.
We will augment this information with data from the survey completed by the City of Saratoga to
understand how residents travel. Additionally, Fehr & Peers, will conduct transit intercept surveys
at the two main bus stops within the City at West Valley College and the Village.
Optional Task 3A: As an optional task, we can work with the City of Saratoga to develop travel
survey of Saratoga residents and Village employees. The survey would provide more in-depth
perspective on travel characteristics and travel needs of City residents and employees.
Task 4: Asses Transportation Needs and Gaps
We will combine the data collected in the previous three tasks - gaps in the transportation networks
for each travel mode, opportunities for improvements, and travel origins and destinations for
Saratoga residents and workers - to identify the transportation needs.
Task 5: Compile Study Report
Fehr & Peers will compile a final study report to present the existing setting, summarize survey
responses and assess the transportation needs within the City of Saratoga. The report will also
include a qualitative discussion of differences between various transportation options and mode
shares. A draft report will be submitted to the City of Saratoga for review and comment. We will
complete one round of revisions based on comments received.
SCHEDULE AND FEE
The draft report is to be submitted within six weeks after receipt of a notice to proceed. Fehr &
Peers will complete this scope of work for a not-to-exceed fee of $34,000, and includes all
professional and support staff time, as well as direct expenses.
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John Cherbone
September 13, 2016
Page 3 of 3
If the above scope, fee, and schedule are acceptable to you, please provide us with a notice to
proceed. It is our understanding that this work will be governed by the terms of our Agreement
dated June 1, 2016. We look forward to the opportunity to work with you on this project.
Sincerely,
FEHR & PEERS
Franziska Church, AICP, PTP
Associate
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