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HomeMy WebLinkAbout10-19-2016 City Council Agenda Packet -Final SARATOGA CITY COUNCIL REGULAR MEETING OCTOBER 19, 2016 5:00 P.M. JOINT MEETING Joan Pisani Community Center, Patio Room | 19655 Allendale Avenue, Saratoga, CA 95070 Joint Meeting with Historical Museum Foundation Discussion Topics 5:30 P.M. JOINT MEETING Joan Pisani Community Center, Saunders Room | 19655 Allendale Avenue, Saratoga, CA 95070 Joint Meeting with Neighborhood Watch Groups & Santa Clara County Sheriff’s Office Discussion Topics 7:00 P.M. REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA The agenda for this meeting was properly posted on October 14, 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 6 CEREMONIAL ITEMS Commendation Declaring October 16-22, 2016 as Friends of Libraries Week Recommended Action: Present the commendation declaring October 16-22, 2016 as Friends of Libraries Week to the Friends of the Saratoga Libraries. Staff Report Attachment A: Commendation Commendations Honoring Organizers of 60th Saratoga Hometown Parade Recommended Action: Present the Commendations to the organizers of the 60th Saratoga Hometown Parade. Staff Report Attachment A: Commendations 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 October 5, 2016. Staff Report Attachment A: Minutes 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 10/04/2016 Period 4; and 10/11/2016 Period 4. Staff Report Check Register - 10-04-2016 Period 4 Check Register - 10-11-2016 Period 4 1.3. Second Reading Of An Ordinance Amending The Saratoga 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), And Adoption Of Resolution Establishing Bail And Parking Fine Schedules Recommended Action: Waive the second reading and adopt the attached ordinance revising City Code 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), and adopt resolution establishing Bail and Parking Fine Schedules Saratoga City Council Agenda – Page 2 of 6 Staff Report Attachment A -Ordinance Attachment B - Bail and Parking Schedule Resolution Exhibit A and B - Bail and Parking Schedules 1.4. Weed Abatement Program Agreement Amendment Recommended Action: Authorize the City Manager to execute the 7th amendment to the agreement with the County of Santa Clara for the Weed Abatement Program. Staff Report Attachment A – Amended Weed Abatement Program Agreement 2. PUBLIC HEARING Items placed under this section of the Agenda are those defined by law as requiring a special notice and/or a pubic hearing or those called by the City Council on its own volition. During Public Hearings for appeals, Applicants/Appellants and/or their representatives have a total of ten (10) minutes maximum for opening statements. Members of the public may comment on any item for up to three (3) minutes. The amount of time for public comment may be reduced by the Mayor or by action of the City Council. After public comment, the Applicant/Appellants and/or their representatives have a total of five (5) minutes maximum for closing statements. Items requested for continuance are subject to the City Council's approval at the Council Meeting. 2.1. Locking Mailbox Ordinance Recommended Action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance. 3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. Staff Report Attachment A: Ordinance 3. OLD BUSINESS None 4. NEW BUSINESS 4.1. San Jose Water Company Review Procedures and City Authority to Regulate Recommended Action: Accept report and provide direction to staff. Staff Report Attachment A- Chronology of Proceedings Before PUC Attachment B - Summary of Cost Increases sought by SJWC and PUC Response Attachment C - Declining Water Deliveries- How Rates and Bills will be Impacted (PUC September 2016) Attachment D - Santa Clara Valley Water District Conservation Goals Attachment E - PUC Resolution W-5047 Upholding SJWC 2015 Allotment and Surcharges Saratoga City Council Agenda – Page 3 of 6 Attachment F- 2015 and 2016 Allotments Triggering Drought Surcharges Supplemental Attachment 4.2. Neighborhood Watch Annual Grant Program Recommended Action: Approve Neighborhood Watch Annual Grant and authorize allocation of $15,000 from the City Council Discretionary Fund in the Fiscal Year 2016/17 Budget to the new grant program. Staff Report 4.3. Quarterly Communications Report Recommended Action: Provide direction on 2016 winter communication efforts, including the Saratogan, online survey topics, and City Video program; and receive progress report on 2016 summer and fall communications activities. Staff Report Attachment A – 2016 Fall Saratogan Attachment B – 2016 Fall Saratogan Constant Contact Email Attachment C – City Commission & Fire Prevention Survey Results 4.4. Authorize the City Manager to Engage Professional Services for Building Inspection Services and adopt Budget Adjustment Recommended Action: Adopt a resolution authorizing the City Manager to enter into a professional services agreement with 4LEAF, Inc. for professional building inspection services and authorize a supplemental budget allocation of $100,000 in the FY2016/17 Community Development Department budget for contract inspection services. Staff Report Attachment A - Resolution Attachment B -4LEAF, Inc. Contract CITY COUNCIL ASSIGNMENT REPORTS Mayor Manny Cappello Cities Association of Santa Clara County Council Finance Committee Santa Clara County Housing and Community Development (HCD) Council Committee Saratoga Area Senior Coordinating Council (SASCC) West Valley Mayors and Managers West Valley Sanitation District Vice Mayor Emily Lo Hakone Foundation Board & Executive Committee KSAR Community Access TV Board Public Art Ad Hoc Saratoga Chamber of Commerce & Destination Saratoga Santa Clara County Library Joint Powers Authority Saratoga City Council Agenda – Page 4 of 6 Santa Clara County Expressway Plan 2040 Policy Advisory Board Council Member Mary-Lynne Bernald Association of Bay Area Governments Cities Association of Santa Clara County-Legislative Action Committee Cities Association of Santa Clara County-Selection Committee FAA Select Committee on South Bay Arrivals Hakone Foundation Board Public Art Ad Hoc Saratoga Historical Foundation Saratoga Sister City Organization West Valley Solid Waste Management Joint Powers Authority Council Member Howard Miller Council Finance Committee Silicon Valley Clean Energy Authority Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee VTA State Route 85 Corridor Policy Advisory Board VTA Board West Valley Cities Alternate Council Member Rishi Kumar Santa Clara Valley Water District Commission Saratoga Ministerial Association CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, 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 October 14, 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 14th day of October 2016 at Saratoga, California. Debbie Bretschneider, Deputy City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Saratoga City Council Agenda – Page 5 of 6 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] 10/19 Regular Meeting –5:00 p.m. Joint Meeting with Historical Foundation, 5:30 p.m. Joint Meeting on Neighborhood Watch Groups and Sheriff’s Office 11/02 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board of Trustees 11/16 Regular Meeting – Joint Meeting with Senator Beall Jr. 12/07 Regular Meeting – Joint Meeting with Representative Low 12/20 Reorganization 12/21 Regular Meeting –Council Norms Study Session Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue. CITY OF SARATOGA CITY COUNCIL JOINT MEETING CALENDAR 2016 Saratoga City Council Agenda – Page 6 of 6 City of Saratoga CITY COUNCIL JOINT MEETING Meeting Discussion Topics Joint Meeting with Historical Museum Foundation October 19, 2016| 5:00 p.m. Joan Pisani Community Center | Patio Room 5:00 p.m. Welcome & Introductions 5:05 p.m. Historical Foundation News & Upcoming Activities 5:25 p.m. Other Remarks & Wrap Up At 6:00 p.m., the City Council will hold a Joint Meeting with the Saratoga Neighborhood Watch Groups and the Santa Clara County Sheriff’s Office in the Senior Center, Saunders Room. Dinner will be provided at the 6:00 p.m. Joint Meeting. The Regular Session of the City Council begins at 7:00 p.m. in the Civic Theater. Joint meeting attendees are invited to attend the Regular Session and share an overview of the joint meeting. 6 City of Saratoga CITY COUNCIL JOINT MEETING Meeting Discussion Topics Joint Meeting with Neighborhood Watch Groups & Santa Clara County Sheriff’s Office October 19, 2016| 5:30 p.m. Saratoga Senior Center | Saunders Room 5:30 p.m. Welcome & Introductions 5:45 p.m.Fundamentals of Neighborhood Watch 6:00 p.m.Neighborhood Watch Success Stories 6:15 p.m.Property Crime Prevention Tips 6:45 p.m.Questions/Answers& Wrap Up Are you part of a new or existing Neighborhood Watch Group?Indicate the boundaries and name of your Neighborhood Watch Group on the map near the entrance to the room and provide your contact information to register your Neighborhood Watch with the City. Dinner will be provided at the Joint Meeting. The Regular Session of the City Council begins at 7:00 p.m. in the Civic Theater. Joint Meeting attendees are invited to attend the Regular Session and share an overview of the Joint Meeting. 7 SARATOGA CITY COUNCIL MEETING DATE:October 19, 2016 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Commendation Declaring October 16-22, 2016 as Friends of Libraries Week RECOMMENDED ACTION: Present the commendation declaring October 16-22, 2016 as Friends of Libraries Week to the Friends of the Saratoga Libraries. BACKGROUND: October 16-22, 2016 is recognized as national Friends of Libraries Week. This commendation is presented to the Friends of the Saratoga Libraries to recognize their volunteer work for the Saratoga Library. ATTACHMENTS: Attachment A –Commendation Declaring October 16-22, 2016 as Friends of Libraries Week 8 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING OCTOBER 16-22, 2016 AS FRIENDS OF LIBRARIES WEEK WHEREAS, October 16-22, 2016 is recognized by cities, counties, and states across the United States as National Friends of Libraries Week; and WHEREAS, the Friends of the Saratoga Libraries was founded in 1972 by Saratoga community members to focus on maintaining high quality library services at the Saratoga Library by operating the BOOK-GO-ROUND, a non-profit used bookstore run by volunteers; and WHEREAS, Friends of the Saratoga Libraries raise money that has helped make the Saratoga Library truly exceptional - providing the resources for additional programming, support for children’s summer reading, special collections of books, and special events throughout the year; and WHEREAS, the work of the Friends highlights on an on-going basis that the Saratoga Library is a cornerstone of the community, providing opportunities for all to engage in the joy of life-long learning and to connect with the thoughts and ideas of others from ages past to the present; and WHEREAS, the Friends understand the critical importance of well funded libraries and that libraries transform lives and communites by provding free access to technology, career development resources, and the skills to help people thrive in the digital age; and WHEREAS, the Friends’ gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim October 16-22, 2016 as Friends of Libraries Week in Saratoga and thanks the Saratoga Friends of the Libraries for all they do to make our library and community great. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 19th day of October 2016. ___________________________ E. Manny Cappello, Mayor City of Saratoga 9 SARATOGA CITY COUNCIL MEETING DATE:October 19, 2016 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Commendations Honoring Organizers of 60th Anniversary Hometown Parade RECOMMENDED ACTION: Present the Commendations to the organizers of the 60th Anniversary Hometown Parade. BACKGROUND: On September 17, 2016, the Saratoga community celebrated the 60th anniversary of the City’s incorporation with the 60th Anniversary Hometown Parade down Big Basin Way in downtown Saratoga. A dedicated group of volunteers organized and ran the parade, including Annette Stransky, Marlene Duffin, Pamela Dunnett, Reiko Iwanaga, Renée Paquier, Lynne Stephenson, and Cathie Thermond.The commendations thank these volunteers for their hard work and dedication. ATTACHMENTS: Attachment A –Commendations Honoring the Parade Organizers 10 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ANNETTE STRANSKY WHEREAS, on September 25, 1956, the residents of “Saratoga” voted to become incorporated as a city; and WHEREAS, to celebrate this anniversary the Saratoga 60th Anniversary Hometown Parade Committee organized a parade to run from Blaney Plaza and down Big Basin Way through the Village; and WHEREAS, Annette Stransky was one of the organizers of the Saratoga 60th Anniversary Hometown Parade; and WHEREAS, more than 60 individuals, groups, and organizations including live music, dance groups, homemade floats, and antique cars, were part of the parade; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize all of the volunteers that organized and participated in the Saratoga 60th Anniversary Hometown Parade. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga does hereby recognize Annette Stransky as an extraordinary volunteer who contributed large amounts of time and energy in making the 60th Anniversary Hometown Parade a wonderful success! WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 19th day of October 2016. ___________________________ E. Manny Cappello, Mayor City of Saratoga 11 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING CATHIE THERMOND WHEREAS, on September 25, 1956, the residents of “Saratoga” voted to become incorporated as a city; and WHEREAS, to celebrate this anniversary the Saratoga 60th Anniversary Hometown Parade Committee organized a parade to run from Blaney Plaza and down Big Basin Way through the Village; and WHEREAS, Cathie Thermond was one of the organizers of the Saratoga 60th Anniversary Hometown Parade; and WHEREAS, more than 60 individuals, groups, and organizations including live music, dance groups, homemade floats, and antique cars, were part of the parade; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize all of the volunteers that organized and participated in the Saratoga 60th Anniversary Hometown Parade. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga does hereby recognize Cathie Thermond as an extraordinary volunteer who contributed large amounts of time and energy in making the 60th Anniversary Hometown Parade a wonderful success! WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 19th day of October 2016. ___________________________ E. Manny Cappello, Mayor City of Saratoga 12 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING LYNNE STEPHENSON WHEREAS, on September 25, 1956, the residents of “Saratoga” voted to become incorporated as a city; and WHEREAS, to celebrate this anniversary the Saratoga 60th Anniversary Hometown Parade Committee organized a parade to run from Blaney Plaza and down Big Basin Way through the Village; and WHEREAS, Lynne Stephenson was one of the organizers of the Saratoga 60th Anniversary Hometown Parade; and WHEREAS, more than 60 individuals, groups, and organizations including live music, dance groups, homemade floats, and antique cars, were part of the parade; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize all of the volunteers that organized and participated in the Saratoga 60th Anniversary Hometown Parade. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga does hereby recognize Lynne Stephenson as an extraordinary volunteer who contributed large amounts of time and energy in making the 60th Anniversary Hometown Parade a wonderful success! WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 19th day of October 2016. ___________________________ E. Manny Cappello, Mayor City of Saratoga 13 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING MARLENE DUFFIN WHEREAS, on September 25, 1956, the residents of “Saratoga” voted to become incorporated as a city; and WHEREAS, to celebrate this anniversary the Saratoga 60th Anniversary Hometown Parade Committee organized a parade to run from Blaney Plaza and down Big Basin Way through the Village; and WHEREAS, Marlene Duffin was one of the organizers of the Saratoga 60th Anniversary Hometown Parade; and WHEREAS, more than 60 individuals, groups, and organizations including live music, dance groups, homemade floats, and antique cars, were part of the parade; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize all of the volunteers that organized and participated in the Saratoga 60th Anniversary Hometown Parade. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga does hereby recognize Marlene Duffin as an extraordinary volunteer who contributed large amounts of time and energy in making the 60th Anniversary Hometown Parade a wonderful success! WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 19th day of October 2016. ___________________________ E. Manny Cappello, Mayor City of Saratoga 14 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING PAMELA DUNNETT WHEREAS, on September 25, 1956, the residents of “Saratoga” voted to become incorporated as a city; and WHEREAS, to celebrate this anniversary the Saratoga 60th Anniversary Hometown Parade Committee organized a parade to run from Blaney Plaza and down Big Basin Way through the Village; and WHEREAS, Pamela Dunnett was one of the organizers of the Saratoga 60th Anniversary Hometown Parade; and WHEREAS, more than 60 individuals, groups, and organizations including live music, dance groups, homemade floats, and antique cars, were part of the parade; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize all of the volunteers that organized and participated in the Saratoga 60th Anniversary Hometown Parade. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga does hereby recognize Pamela Dunnett as an extraordinary volunteer who contributed large amounts of time and energy in making the 60th Anniversary Hometown Parade a wonderful success! WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 19th day of October 2016. ___________________________ E. Manny Cappello, Mayor City of Saratoga 15 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING REIKO IWANAGA WHEREAS, on September 25, 1956, the residents of “Saratoga” voted to become incorporated as a city; and WHEREAS, to celebrate this anniversary the Saratoga 60th Anniversary Hometown Parade Committee organized a parade to run from Blaney Plaza and down Big Basin Way through the Village; and WHEREAS, Reiko Iwanaga was one of the organizers of the Saratoga 60th Anniversary Hometown Parade; and WHEREAS, more than 60 individuals, groups, and organizations including live music, dance groups, homemade floats, and antique cars, were part of the parade; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize all of the volunteers that organized and participated in the Saratoga 60th Anniversary Hometown Parade. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga does hereby recognize Reiko Iwanaga as an extraordinary volunteer who contributed large amounts of time and energy in making the 60th Anniversary Hometown Parade a wonderful success! WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 19th day of October 2016. ___________________________ E. Manny Cappello, Mayor City of Saratoga 16 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING RENÉE PAQUIER WHEREAS, on September 25, 1956, the residents of “Saratoga” voted to become incorporated as a city; and WHEREAS, to celebrate this anniversary the Saratoga 60th Anniversary Hometown Parade Committee organized a parade to run from Blaney Plaza and down Big Basin Way through the Village; and WHEREAS, Renée Paquier was one of the organizers of the Saratoga 60th Anniversary Hometown Parade; and WHEREAS, more than 60 individuals, groups, and organizations including live music, dance groups, homemade floats, and antique cars, were part of the parade; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize all of the volunteers that organized and participated in the Saratoga 60th Anniversary Hometown Parade. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga does hereby recognize Renée Paquier as an extraordinary volunteer who contributed large amounts of time and energy in making the 60th Anniversary Hometown Parade a wonderful success! WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 19th day of October 2016. ___________________________ E. Manny Cappello, Mayor City of Saratoga 17 SARATOGA CITY COUNCIL MEETING DATE:October 19, 2015 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider,Deputy City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Regular City Council Meeting on October 5, 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 October 5, 2016 18 MINUTES WEDNESDAY, OCTOBER 5, 2016 SARATOGA CITY COUNCIL REGULAR MEETING At 5:30 p.m., Mayor Cappello called to order a Joint Meeting with Saratoga Schools in the Saratoga Senior Center, Saunders Room at 19655 Allendale Avenue. At 7:03 p.m., Mayor Cappello called the Regular Session to order in the Civic Theater at 13777 Fruitvale Avenue and led the Pledge of Allegiance. NOTICE OF TELECONFERENCE LOCATION Mayor Cappello announced that Vice Mayor Lo and Council Member Bernald would be participating in the meeting by teleconference from the Hyatt Regency Hotel in Long Beach. The meeting is conducted pursuant to California Government Code section 54953(b). The Mayor confirmed that the teleconference location had been identified in the noticing and agenda for this meeting. Deputy City Clerk Debbie Bretschneider confirmed that Vice Mayor Lo and Council Member Bernald could hear her, the proceedings thus far, that they had a copy of the agenda, that a copy of the agenda was posted at their location, and that the public could access the location. The Deputy City Clerk also asked if any member of the public was in attendance at the teleconference location. The Council Member’s responded that there was no one from the public at their location. TELECONFERENCE LOCATION: HYATT REGENCY LONG BEACH HARBOR ROOM 200 S. PINE AVENUE LONG BEACH, CA ROLL CALL PRESENT:Mayor Manny Cappello, Vice Mayor Emily Lo (participating by teleconference), Council Members Mary-Lynne Bernald (participating by teleconference), Howard Miller, Rishi Kumar ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk/Asst. to City Manager (participating by teleconference) Debbie Bretschneider, Deputy City Clerk Mary Furey, Finance & Administrative Services Director John Cherbone, Public Works Director 19 Erwin Ordoñez, Community Development Director Michael Taylor, Recreation & Facilities Director REPORT ON POSTING OF AGENDA Deputy City Clerk Debbie Bretschneider reported that the agenda for this meeting was posted on September 30, 2016. REPORT FROM JOINT MEETING Cynthia Chang, Los Gatos-Saratoga High School District (LGSHSD) Board President, and Katherine Tseng, LGSHSD Board Member, provided a summary of the Joint Meeting with Saratoga schools. They thanked the Council for the opportunity to learn more about emergency services. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Milt Wehrman asked about putting up cameras in neighborhoods and city-wide. Cheriel Jenson requested that something be done about the power lines for the new housing development on Quito Road. Council Member Miller noted where residents can register their video cameras online so that law enforcement will know where private cameras are located. City Manager Lindsay agreed to ask City staff to respond to Cheriel Jensen about the conditions of the housing development. ANNOUNCEMENTS Council Member Kumar announced the Witchy Walk-a-Bout in the Saratoga Village on October 29 from 2-4 p.m. with Leslie Warick of Barn Owl organizing the event. She is also organizing the scarecrow project in the Village with 30 scarecrows so far. Council Member Kumar then discussed that there is a video camera petition and a water petition available for residents. The topic of water rates will be on the October 19 Council agenda. Also on October 19 will be the Neighborhood Watch meeting where residents can have their neighborhood watch program certified by the Sheriff’s office. Council Member Miller announced that he will be running at the Silicon Valley Turkey Trot on Thanksgiving morning. This event is organized by the Silicon Valley Leadership Group and the proceeds are donated to Silicon Valley charities. Vice Mayor Lo reminded everyone that the Saratoga Library has an Adult Social Hour every Wednesday at 10:30 a.m. 20 Mayor Cappello announced that the City’s website is down and so the live video feed of the Council Meeting is not available. KSAR15.org is broadcasting the meeting live. Mayor Cappello also mentioned that the Mayor’s Cup is part of the Turkey Trot and that Saratoga has won that for several years. He then announced Pizza and Politics, which is a political forum organized by and for teens, on October 20 at 7:00 p.m. at the Quinlan Community Center in Cupertino. 1.CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on September 21, 2016. KUMAR/MILLER MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON SEPTEMBER 21, 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: 09/15/2016 - Manual Check Period 3; and 09/27/2016 Period 3. KUMAR/MILLER MOVED TO 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. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 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. KUMAR/MILLER MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED JULY 31, 2016. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Amendments to the City's Williamson Act Procedures Recommended Action: Adopt the attached resolution updating the City’s Williamson Act procedures. RESOLUTION 16-054 21 KUMAR/MILLER MOVED TO ADOPT THE ATTACHED RESOLUTION UPDATING THE CITY’S WILLIAMSON ACT PROCEDURES.MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 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. RESOLUTION 16-057 KUMAR/MILLER MOVED TO APPROVE THE RESOLUTION AMENDING THE CITY OF SARATOGA CONFLICT OF INTEREST CODE.MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.PUBLIC HEARING 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. Community Development Director Erwin Ordonez presented the staff report. He announced that a memo was sent to Council and agenda changed on website after the ordinance was cleaned up when typos were found. Also, a Council Member asked to change the ordinance on page 2, paragraph 6, to replace “assign” with “assignees.” Mayor Cappello invited public comment on the item. No one requested to speak. MILLER/KUMAR MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE AND TO 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 AND THE ORDINANCE SHOULD REFLECT CHANGES MADE IN MEMO AND TO CHANGE PAGE 2, PARAGRAPH 6, FROM ASSIGN TO ASSIGNEES. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 22 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. Public Works Director John Cherbone provided a staff report. Mayor Cappello invited public comment on the item. No one requested to speak. MILLER/KUMAR MOVED TO 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. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Mayor Cappello asked Prospect High School students to come up on stage to introduce themselves. CITY COUNCIL ASSIGNMENT REPORTS Mayor Manny Cappello West Valley Mayors and Managers –sent email to all West Valley Mayors and Council Members to ask for statements of interest for the appointment of the VTA Board Member and alternate. This matter will be acted on at the November 4 meeting. Mayor Cappello announced that the annual Thanksgiving Tree Lighting will be called a Celebration of Light and will be moved to Saturday, November 26 at 5:30 p.m. so that more faiths in the community can participate. The Chamber of Commerce is also having the Wine Stroll on the same day from 2-5 p.m. Vice Mayor Emily Lo KSAR Community Access TV Board –has voted to have meetings every other month, instead of every month. 23 Council Member Mary-Lynne Bernald FAA Select Committee on South Bay Arrivals – had a meeting last week. There are 2 more meetings this year and the group hopes to make a substantive impact on the issue. Saratoga Sister City Organization – the group is looking for executive board members. Those interested can contact Council Member Bernald or Peter Mara for more information. Council Member Howard Miller Silicon Valley Clean Energy Authority Board of Directors – the Board is working to create a green energy option for Saratoga residents that will be less expensive than PG&E. Very important milestones were reached recently, including PUC legal approval and funding from a bank. Some of the larger employers in the South Bay have agreed to use our energy. VTA State Route 85 Corridor Policy Advisory Board – the group is refocusing on future of State Route 85 and options for improvement, including noise mitigation. Council Member Rishi Kumar Saratoga Ministerial Association— there was a meeting was last week. Discussion included the annual tree lighting ceremony with the Ministerial Association being more involved. Also, there was discussion of the Interfaith Service on Thanksgiving Day. CITY COUNCIL ITEMS Council Member Kumar requested an agenda item to discuss city-wide cameras and license plate readers. Council Member Bernald requested an agenda item on bee keeping in Saratoga. Suggested that Council should look at the ordinance that Monte Sereno recently adopted. Vice Mayor Lo supported the request. CITY MANAGER'S REPORT None ADJOURNMENT MILLER/KUMER MOVED TO ADJOURN AT 8:59 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 24 Gina Scott, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 10/4/2016 Period 4 10/11/2016 Period 4 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 # 10/4/16 131771 131820 50 100,488.55 10/04/16 09/27/16 131770 10/11/16 131821 131855 35 101,945.36 10/11/16 10/04/16 131820 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Dept.Amount 10/04/16 131808 PW 20,160.18 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 VariousSan Jose Water Company Fund Purpose Water Utility SARATOGA CITY COUNCIL MEETING DATE:October 19, 2016 DEPARTMENT:Finance & Administrative Services PREPARED BY: Ending Check #Type of Checks Date Starting Check # Accounts Payable Accounts Payable Issued to N/A Reason Status Prior Check Register Checks Released Total Checks Amount 25 26 27 28 29 30 31 32 33 34 SARATOGA CITY COUNCIL MEETING DATE:October 19, 2016 DEPARTMENT:Community Development PREPARED BY:Erwin Ordoñez, Community Development Director SUBJECT:SECOND READING OF AN ORDINANCE AMENDING THE SARATOGA 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), AND ADOPTION OF RESOLUTION ESTABLISHING BAIL AND PARKING FINE SCHEDULES RECOMMENDED ACTION: Waive the second reading and adopt the attached ordinance revising City Code 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), and adopt resolution establishing Bail and Parking Fine Schedules BACKGROUND: On October 5, 2016, the City Council introduced amendments to 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)and directed staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. Additionally, the Council reviewed updated Bail and Parking Fines Schedules (Attachment B) to also be considered for adoption by with the draft ordinance. ADVERTISING, NOTICING AND PUBLIC CONTACT: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ATTACHMENTS: Attachment A: Ordinance Attachment B: Resolution 35 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 36 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 37 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 38 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 means 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 assignees, 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. 39 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 Codeshall 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. 40 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 promulgated or issued pursuant to this Code, and the provisions of any code adopted by reference 41 2016 Annual Code Update Page - 5 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 The provisions in this Article apply to all civil enforcement proceedings unless specifically stated otherwise in the Code. 42 2016 Annual Code Update Page - 6 3-10.005 - 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 occurring. (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. 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 43 2016 Annual Code Update Page - 7 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 (2) If the responsible person is an owner of real property, service 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 44 2016 Annual Code Update Page - 8 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)(2) 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 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 45 2016 Annual Code Update Page - 9 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. (c) 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 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. 46 2016 Annual Code Update Page - 10 (d) 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. (e) 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. (f)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 (d) above. (g) 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. (h) 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 noticeand shall 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 47 2016 Annual Code Update Page - 11 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 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 48 2016 Annual Code Update Page - 12 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 curative action must occur, as determined by the City Manager. The order may require immediate compliance if aNotice of Violation haspreviously been servedconcerning the same violation of the Code. 49 2016 Annual Code Update Page - 13 (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 pursuant to Section 3-10.005, has not been previously served 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. (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. 50 2016 Annual Code Update Page - 14 3-15.050 - Notices; publication. 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. (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. 51 2016 Annual Code Update Page - 15 (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. (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. 52 2016 Annual Code Update Page - 16 (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 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. 53 2016 Annual Code Update Page - 17 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 3-15.1280, 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 Officershall 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. 3-15.1400 - 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- 15.13090 and prior to the filing of such report with the County Tax Collector pursuant to Section 3-15.1510. 3-15.1510 - 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 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 54 2016 Annual Code Update Page - 18 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. 3-15.1620 - 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. 3-20.0320 - 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. 3-20.0430 -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 55 2016 Annual Code Update Page - 19 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. 3-20.0540 - 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. 3-20.0650 - 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 (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. 3-20.0760 - Notices; form. The notice required by Section 3-20.0650 shall be substantially in the following form: 56 2016 Annual Code Update Page - 20 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) or (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) or (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 3-20.0870 - Notices; publication and mailing. (a) In addition to posting the notice required by Section 3-20.0650,service of such notice shall be made pursuant to Section 3-10.030 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. 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. 57 2016 Annual Code Update Page - 21 (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 3-20.0760, except that such notice shall be signed by the City Clerk. 3-20.0980 – HearingProtests and objections. At the time stated in the notice set forth in Section 3-20.0760 the City Council or the Hearing Officer shall receive and consider the report of costs provided for in Section 3-20.0540 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. 3-20.11090 - 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- 20.10080 and prior to the filing of such report with the County Tax Collector pursuant to Section 3-20.1200. 3-20.1200 - Filing report with County Tax Collector; collection of assessment. 58 2016 Annual Code Update Page - 22 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. 3-20.1310 - 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 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. 59 2016 Annual Code Update Page - 23 "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 3-15.12080. 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. 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: 60 2016 Annual Code Update Page - 24 (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- 15.07010.050 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. 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 3-150.0470 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. 61 2016 Annual Code Update Page - 25 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. (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. 62 2016 Annual Code Update Page - 26 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 Cityof 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 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. 63 2016 Annual Code Update Page - 27 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: (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 64 2016 Annual Code Update Page - 28 (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. 3-30.0520 - 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 citationwithout a period for correctionupon witness of any transient violationas defined in Section 3-01.020or if a Notice of Violation pursuant to Section 3-10.005 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 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); 65 2016 Annual Code Update Page - 29 (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)If a Notice of Violation pursuant to Section 3-10.005 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 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 66 2016 Annual Code Update Page - 30 property, or a portion thereof. Such posting shall be deemed effective service, and the date of posting shall constitute the date of service. 3-30.0730 -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. (e) The due date for the City's receipt of acivil 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 aciviln administrative fine and/or late charge if it is the prevailing personparty. 3-30.080 - Right to an administrative hearing. 67 2016 Annual Code Update Page - 31 (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. (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. 68 2016 Annual Code Update Page - 32 (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; (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 69 2016 Annual Code Update Page - 33 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 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 70 2016 Annual Code Update Page - 34 become due and payable. The claim shall be verified by the person who pays the tax, or his/her guardian, executor, or administrator. 3-30.12040 - 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. 3-30.13050 - 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. (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. 71 2016 Annual Code Update Page - 35 (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. (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. 72 2016 Annual Code Update Page - 36 (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 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. 73 2016 Annual Code Update Page - 37 (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 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 74 2016 Annual Code Update Page - 38 [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: 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. 75 2016 Annual Code Update Page - 39 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. (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 ofthe 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). 76 2016 Annual Code Update Page - 40 (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 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.] 77 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SCHEDULES FOR BAIL AND PARKING FINES WHEREAS, the City Council on October 5, 2016, reviewed the proposed schedules for Bail and Parking Fines in Exhibit A and Exhibit B; and WHEREAS, the City Council desires to establish the bail amounts and parking fines set forth therein. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Section 1: The Bail and Parking Fine Schedules set forth in the attached Exhibit A and Exhibit B are hereby established and adopted. Section 2: All prior resolutions setting amounts for bail or parking fines are hereby repealed in their entirety, it being the intent of the City Council that the schedules adopted by this resolution shall supersede all prior schedules pertaining to the same subject matter. Section 3: This resolution shall become effective on October 19, 2016, and shall be applicable to all fees and deposits which are payable to the City from and after that date. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of October 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: E. Manny Cappello, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 827715.1 78 1 Exhibit A Saratoga Municipal Code Bail Schedule 79 2 SARATOGA MUNICIPAL CODE BAIL SCHEDULE (Approved by the Saratoga City Council October 19, 2016) Legend P.A. – Penalty Assessment under PC 1464 (N – Not applicable; Y – Yes Applicable) P/C – Eligible for Proof of Correction (N – Not applicable; Y – Yes Applicable) CRM CAT – Criminal Category (M – Misdemeanor; I – Infraction) File Div – Filing Division (CR – Criminal Division) CT – Court Appearance Required Saratoga Municipal Code Section Offense/Description Bail Amount P.A. P/C CRM CAT File Div. 2-10.150 Contempt of City Council 1,000 +CT N N M CR 4-05.050 Business license required 1,000 +CT N N M CR 4-50.020 Solicitor/Peddler permit required 1,000 +CT N N M CR 455.040 (a)/(b)Massage Establishment/Managing Employee permit required 1,000 +CT N N M CR 4-55.040(c)Massage Practitioner permit/certificate required 1,000 +CT N N M CR 4-60.030 Motion Picture Filming permit required 1,000 +CT N N M CR 4-70.020 Restaurant Certification required 1,000 +CT N N M CR 6-15.010 Congregating Near Emergency Scene 1,000 +CT N N M CR 6-15.050 Public Intoxication 1,000 Y N M CR 6-15.070(a)Discharge of Pollutant in Storm Drain 1,000 +CT N N M CR 6-15.080(a)Obstruction of Watercourse 1,000 +CT N N M CR 6-15.090(a)Sale of Weapons to Person Under 18 1,000 +CT N N M CR 6-15.100(a)Discharge of Weapon Within City Limits 1,000 +CT N N M CR 6-15.110 Paraphernalia Exhibition Room for Controlled Substance 1,000 +CT N N M CR 6-15.120(a)Alcohol Consumption by Minors at Unsupervised Social Gatherings 1,000 +CT N N M CR 6-15.130 Disturbance, 2nd Police Response required 1,000 Y N M CR 6-15.140 Offensive Conduct -First Conviction -Second Conviction -Third or Subsequent Conviction 100 200 500 N N I CR 6-15.160(a)Unsecured Display of Spray Paint or Marker Pen -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 6-15.170(a)Targeted Picketing of Residence 1,000 +CT N N M CR 80 3 7-05.050 Frequency of Garbage Disposal -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-05.090 Burning Solid Waste -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-05.100 Dumping on Public Property -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-05.290 Unauthorized Garbage Collection -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-05.310 Unauthorized Deposit of Garbage -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-20.030 Refusal to Permit Inspection by Animal Control Officer 1,000 N N M CR 7-20.060 Wild or Non-Domestic Animal Kept 1,000 +CT N N M CR 7-20.145 Dangerous Dogs 1,000 +CT N N M CR 7-20.170 Animal Maintenance -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-20.210 Private/Commercial Kennel permit required -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-20.225 Animals Not Secured in Vehicles -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-20.230 Beekeeping 1,000 +CT N N M CR 7-30.070 Exhaust Fans Shall be Enclosed -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-35.060 Tobacco Samples and Vending Machine -First Conviction -Second Conviction +CT 100 200 500 N N I CR 81 4 -Third or Subsequent Conviction 7-45.030 Commercial Property Maintenance 1,000 +CT N N M CR 8-05.030 Storage of Hazardous Material 1,000 +CT N N M CR 8-05.040 Hazardous Material Storage permit required 1,000 +CT N N M CR 9-55.010 Storage of Inoperative Vehicle/Part -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 10-05.010(a)Placing Obstruction in Street 1,000 +CT N N M CR 10-05.020 Blocking Free Passage 250 +CT N N M CR 10-05.055 Sales On Public Right of Way -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 300 N N I CR 10-10.020 Special Event permit required 1,000 +CT N N M CR 10-15.010 Excavation permit required 1,000 +CT N N M CR 10-20.050 Encroachment permit required 1,000 +CT N N M CR 11-05.030 (a-j) Act Prohibited in Park -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 11-05.030(m)Discharge of Pollutant in Watercourse -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-12.020(g)Zoning Regulation Related to Animal -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-12.160 Storage of Personal Property -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-19.020(c)Expressly Prohibited Commercial Use 250 +CT N N M CR 15-29.010(a)Fencing Exceeding Six Feet -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-29.010(b)Fencing Over 3 Feet in Setback -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-29.010(l)Retaining Wall Exceeding Height Limit -First Conviction +CT 100 200 N N I CR 82 5 -Second Conviction -Third or Subsequent Conviction 500 15.29.020 Fencing Within Hillside District -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-29.040 Fencing to Mitigate Noise permit required -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-29.050 Fencing Adjacent to Scenic Highway -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-29.060 Barbed Wire Prohibited -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.050 Sign Prohibited -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.060(f)Temporary Construction Sign -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I 15-30.070 Village Sign District permit required -First Conviction -Second Conviction -Third or Subsequent Conviction 100 200 500 N N I 15-30.080 Prospect Sign District permit required -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.090 Quito Sign District permit required -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.100 Saratoga/Sunnyvale Sign District permit required -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.125 Temporary Subdivision Sign +CT N N I 83 6 -First Conviction -Second Conviction -Third or Subsequent Conviction 100 200 500 15-30.130 Sign in Agricultural and Residential District -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.135 Open House Sign in Residential Zone -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I 15-30.150 Sign Permit required -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-40.010 Home Occupation Violation -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-50.050 Tree Removal Violation -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-55.020 Conditional Use Permit Violation 1,000 +CT N N M CR 15-56.020 Second Unit permit required 1,000 +CT N N M CR 15-60.010 Temporary Use permit required 1,000 +CT N N M CR 15-80.030 Accessory Use and Structure Violation -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-80.070 Stadiums Prohibited 1,000 +CT N N M CR 15-80.080 Radio and Television Antenna -First Conviction -Second Conviction -Third or Subsequent Conviction +CT 100 200 500 N N I CR 16-05 Building Permit required 1,000 +CT N N M CR 16-15 California Building Code Violation 1,000 +CT N N M CR 16-20 Uniform Fire Code Violation 1,000 +CT N N M CR 16-25 Plumbing Code Violation 1,000 +CT N N M CR 16-30 Mechanical Code Violation 1,000 +CT N N M CR 16-35 Electrical Code Violation 1,000 +CT N N M CR 16-40 Housing Code Violation 1,000 +CT N N M CR 16-45 Dangerous Building Code Violation 1,000 +CT N N M CR 16-50 Moving of Building or Equipment 1,000 +CT N N M CR 16-60 Early Warning Fire Alarm System +CT N N I CR 84 7 -First Conviction -Second Conviction -Third or Subsequent Conviction 100 500 1,000 16-71 Occupancy Inspection Violation 1,000 +CT N N M CR 85 8 Exhibit B City of Saratoga Parking Violation Fine Schedule 86 1 City of Saratoga Parking Violation Fine Schedule (Adopted by the Saratoga City Council on October 19, 2016) Citation Violation Description Fine City Code 9-15.050(c) Parking/Stopping Where Prohibited $58.00 City Code 9-15.060(c) Parking in Excess of Time Limit $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 City Code 9-15.100(a)Parking in Passenger Loading Zone $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 City Code 9-15.130(a)Parking in Mail Deposit Zone $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 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 City Code 9-25.020 Parked While Repairing Vehicle on Public Street $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. City Code 9-35.040 Parking/Stopping Near Emergency Vehicle $273.00 City Code 9-40.050 Truck Parking on Restricted Streets $123.00 City Code 10-05.050 Parking on Sidewalk or Pedestrian Walkway $58.00 City Code 11- 05.040(b) Parking/Stopping in Area Other Than Designated Parking in City Park $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 City Code 15-35.110(a)Parking Vehicle Advertised for Sale in Commercial Off- Street Parking Lot $63.00 City Code 15- 35.110(b) Parking MoreThan One Vehicle Advertised for Sale on Residential Property $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 $45.00 CA Vehicle Code 22500(a) Parking Within Intersection $45.00 CA Vehicle Code 22500(b) Parking in Crosswalkk $45.00 CA Vehicle Code 22500(c) Parking Adjacent to Safety Zone & Curb $45.00 87 2 CA Vehicle Code 22500(d) Parking Within 15' of Fire Station Driveway $45.00 CA Vehicle Code 22500(e) Parking Blocking Public or Private Driveway $45.00 CA Vehicle Code 22500(f) Parked on Sidewalk $45.00 CA Vehicle Code 22500(g) Parking by Exavation/Obstruction & Obstructing Traffic $45.00 CA Vehicle Code 22500(h) Double Parking $45.00 CA Vehicle Code 22500(i) Parking in Posted Bus Loading Zone $265.00 CA Vehicle Code 22500(j) Parkingin Tube/Tunnel $45.00 CA Vehicle Code 22500(k) Parking on Bridge $45.00 CA Vehicle Code 22500(l) Parking Blocking Wheelchair Ramp $290.00 CA Vehicle Code 22500.1 Parking in Posted Fire Lane $60.00 CA Vehicle Code 22502(a) Parking with Direction of Traffic with Right Wheels More than 18" from Curb $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 $45.00 CA Vehicle Code 22507.8(a) Parking in Handicap Stall with no Placard in View $348.00 CA Vehicle Code 22507.8(b) Parking Obstructing Handicap Stall $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 $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 Person Locked in Vehicle with No Escape Access $110.00 88 3 22516 CA Vehicle Code 22521 Parking within 7.5' of Railroad Track $45.00 CA Vehicle Code 22522 Parking Within 3' of Sidewalk Access Ramp with Red Paint or Sign $290.00 CA Vehicle Code 22523(a) Abandoned Vehicle Upon Highway $260.00 CA Vehicle Code 22523(b) Abandoned Vehicle on Public or Private Property $260.00 89 SARATOGA CITY COUNCIL MEETING DATE:October 19, 2016 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager SUBJECT:Weed Abatement Program Agreement Amendment RECOMMENDED ACTION: Authorize the City Manager to execute the 7th amendment to the agreement with the County of Santa Clara for the Weed Abatement Program. BACKGROUND: The purpose of the Santa Clara County Department of Agriculture Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials. Through the program, the City is able to reduce fuel loads for fires by maintaining defensible space.The County Department of Agriculture provides weed abatement services to a number of cities in the County, including Saratoga. Traditionally, there has been no cost to the City of Saratoga associated with the Weed Abatement Program. The program is intended to fully recover costs through fees charged to the owners of properties in the Weed Abatement Program. As noted in the staff reports for the Weed Abatement Program in December 2015 and January 2016, the County experienced a deficit between fees recovered and program costs in recent years. Consequently, the County increased program fees in Fiscal Year 2015/16. Additionally, the County has put forward the attached amendment to allow the County to bridge the gap between program costs and fees recovered through the program. The amount charged to participating cities will vary based on number of properties on the Abatement List and compliance rates. It is possible that there will be no charge in some years. Weed Abatement Program staff anticipate that any potential charges to the City will not exceed $16,000 based on current program activity and compliance rates in Saratoga. FISCAL STATEMENT: If the City Manager is authorized to execute the amended Weed Abatement Program agreement, the City may be asked to pay the difference between program costs and fees recovered in Saratoga through the Weed Abatement Program. 90 ATTACHMENTS: Attachment A – Amended Weed Abatement Program Agreement 91 92 93 94 95 96 97 98 99 100 101 FIFTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE CITY OF SARATOGA FOR ABATEMENT OF WEEDS The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara County) and the City of Saratoga (City) previously entered into on November 2, 1981, as amended on May 9, 1981, February 15, 1983, January 14, 1996 and August 18, 1998 is hereby amended to increase the charge for the County's program costs to administer the Hazardous Vegetation Management Program. IT IS AGREED between the parties as follows: 1. Statement of Costs Section 6. of the Agreement shall be amended to read as follows: County shall render to City an itemized statement or report of the cost of the weed abatement services performed for the respective parcels of land in the City on or before the 10th day of August of each year. Commencing with the Year 2000/2001 weed abatement season, the County's administrative costs shall be 150% of the cost of the weed abatement contractor for the respective parcels for which services were performed. The statement shall include the description of the lots and parcels of land for which services were performed, and verification by signature of the County official administering the Hazardous Vegetation Management Program. 2. Except as modified herein, all other terms and conditions of the Agreement remain the same. SANTA CLARA COUNTY Uv W.T. Chow, Director Environmental Resources Agency January 12, 2001 Date m and legality: CITY OF SARATOGA._ Stan Bogosian, Mayor E3\3\00 Date APPROVED AS TO FORM: Kathy Kretc. er, Deputy County Counsel CITY ATTORNEY TEST: een Boyer, City erk 102 Attachment A Proposed Amendment FOURTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE CITY OF SARATOGA FOR ABATEMENT OF WEEDS The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara County) and the City of Saratoga (City) previously entered into on November 2, 1981, as amended on May 9, 1981, February 15, 1983, January 14, 1996 and August 18, 1998 is hereby amended to increase the charge for the County's program costs to administer the Hazardous Vegetation Management Program. IT IS AGREED between the parties as follows: 1. Statement of Costs Section 6. of the Agreement shall be amended to read as follows: County shall render to City an itemized statement or report of the cost of the weed abatement services performed for the respective parcels of land in the City on or before the 10th day of August of each year, which shall include the County's administrative costs of 140 % of the cost of the weed abatement contractor for the respective parcels for which services were performed. The statement shall include the description of the lots and parcels of land for which services were performed, and verification by signature of the County official administering the Hazardous Vegetation Management Program. 2. Duration of Agreement Section 13. of the Agreement shall be amended to read as follows: The Agreement became effective on the date of execution and shall run until the governing body of the City or the County shall exercise the right to terminate this Agreement as of the 1st day of September of any year, by giving notice to the other party not less than 10 days prior to the date of termination. The increased charge for the County's administration costs shall be effective commencing with the Fiscal Year 2000 weed abatement season. Except as modified herein, all other terms and conditions of the Agreement remain the same. Paul D. Romero, Director Environmental Resources Agency A>_: -,:rte,,, p: August 17, 1999 Approve o form and legality: James! ewes; Deput t.unty Counsel CITY OF-SARATOGA Date U) g C Il Lr nl AUG 0 9 1999 Santa Clara CountyrimMarshal's ()Hie; 103 Attachment A Proposed Amendment THIRD AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE CITY OF SARATOGA FOR ABATEMENT OF WEEDS The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara County) and the City of Saratoga (City) previously entered into on November 2, 1981, as amended on May 9, 1981, February 15, 1983, and January 14, 1996 is hereby amended to increase the charge for the County's program costs to administer the Weed Abatement Program. IT IS AGREED between the parties as follows: 1. Statement of Costs Section 6. of the Agreement shall be amended to read as follows: County shall render to City an itemized statement or report of the cost of the weed abatement services performed for the respective parcels of land in the City on or before the 10th day of August of each year, which shall include the County's administrative costs of 130 % of the cost of the weed abatement contractor for the respective parcels for which services were performed. The statement shall include the description of the lots and parcels of land for which services were performed, and verification by signature of the County official administering the Weed Abatement Program. 2. Duration of Agreement Section 13. of the Agreement shall be amended to read as follows: The Agreement became effective on the date of execution and shall run until the governing body of the City or the County shall exercise the right to terminate this Agreement as of the 1st day of September of any year, by giving notice to the other party not less than 10 days prior to the date of termination. The increased charge for the County's administration costs shall be effective commencing with the Fiscal Year 1999 weed abatement season. Except as modified herein, all other terms and conditions of the Agreement remain the same. SANTA CLARA COU,NTY Leode G. Franklin, Director Environmental Resources Agency August 18, 1998 Appro to form and legality: Ja 'es E. Lewis, Dep " County Counsel CITY OF S+'AT Date 104 SECOND AMENDMENT TO AGREEMENT BETWEEN COUNTY OF SANTA CLARA AND THE CITY OF SARATOGA FOR ABATEMENT OF WEEDS The agreement previously entered into on NOVEMBER 2, 1981 between the County of Santa Clara (County) and the City of Saratoga (City), as amended on February 15, 1983, is hereby amended to increase the charge for the County's program costs in administering the weed abatement program. IT IS AGREED between the parties as follows: 1. Statement of costs. Section 6 of the agreement for abatement of weeds shall be amended toread as follows: County shall render to City an itemized statement or report of the cost of the weed abatement services performed for the respective parcels of land in the City on or before the tenth day of August of each year, which shall include the County's administrative costs of 120% of the cost of the weed abatement contractor for the respective parcels for which services were performed. The statement shall include the description of the lots and parcels of land for which services were performed, and verification by signature of the County official administering the weed abatement program. 2. Effective Date. This agreement shall be effective on the date of execution by the parties. The increased charge for County's administration costs shall be effective commencing with the 1997 weed abatement season. Executed by the County of Santa Clara on JAN 1 4 1996 C irperson, Board of Supervisors JAMES T. BEALL, JR. Executed by the City of Saratoga on CITY OF SARATOGA M voa City ofMyor, of Saratoga ATTEST: X4/146 ei, Clerk, Board of Supervisors PHYLLIS A. PEREZ Approved as to form: 105 FIRST AMENDMENT TO AGREEMENT BETWEEN COUNTY OF SANTA CLARA AND CITY OF SARATOGA FOR ABATEMENT OF WEEDS The agreement previously entered into on tween the County of Santa Clara (County) City), is ,hereby amended to increase the November 2, and the City of charge for 1981 be - Saratoga County's costs in administering the weed abatement program and to provide for administration of the program by any County .official desig- nated by the County Board of Supervisors. IT IS AGREED between the parties as follows: 1. Statement of Costs. Section 6 of the agreement for abate- ment of weeds shall be amended to read as follows: County shall render to City an itemized statement or report of the cost of the weed abatement services performed for the respec- tive parcels of land in the City on or before the tenth day of August of each year, which shall include the County's administra- tive cost of 65% of the cost of the weed abatement contractor for the 'respective parcels for which services were performed. The statement shall include the description of the lots and parcels of land for which services were performed, and verification by signa- ture of the County official administering the weed abatement program. 2. County Administration. Section 14 is added to the agree- ment for abatement of weeds to read as follows: This agreement shall be administered on behalf of County by the County Building Inspector or by any other County official designated by the County Board of Supervisor.s. 3. Effective Date. This agreement shall be effective on the 1- 106 date of execution by the parties. The increased charge for County's administrative costs shall be effective commencing with the 1983 weed abatement season. Executed by the County of Santa Clara on ATT BB'pr• Clerk Board of Sup visors NALD M. RAINS Executed by the City of Approved as to form Vi „. Q J:, Robert J. Menifee -1DeputyOountyCounsel RJM:mw 0947L n9 1 5 " COUNTY OF SANTA CLARA Chairperson, Board o Supervisors Ff= + >., a Morgan- Saratoga organ Saratoga on CITY OF SARATOGA 2- Mayor, City of Saratoga 107 AGREEMENT FOR THE ABATEMENT OF WEEDS BY COUNTY OF'SANTA CLARA FOR THE CITY OF SARATOGA THE FOLLOWING is an Agreement between COUNTY OF SANTA CLARA, State of California, hereinafter called "County," and CITY OF SARATOGA, Santa Clara County, California, hereinafter called "City," both of whom understand and agree as follows: WHEREAS, City has the power to conduct weed abatement under Government Code of the State of California Sec. 39500, et seq.; and WHEREAS, City has home rule authority to adopt ordinances for public health, safety and welfare, including weed abatement pro- m m cedures; and WHEREAS, City has exercised this power by adoption of chapter 6 of the Saratoga City Code for the Abatement of Weeds; and WHEREAS, the Board of Supervisors of Santa Clara County, by resolution has exercised the power granted to County pursuant to H the Health and Safety Code of the State of California, commencing 1i at Section 14875; and WHEREAS, the parties hereto have the power to enforce weed a abatement within their corporate limits; and WHEREAS,.. County is desirous of contracting with City for u the County Fire Marshal to perform the actual services of abate- ment of weeds; and WHEREAS, County is agreeable to rendering such services and w City is agreeable to have such services rendered under the terms and conditions hereinafter set forth for the reason of efficiency u and mutual benefit of both parties. 4 NOW, THEREFORE, it is hereby agreed as follows: 0, u 1. Purpose of Agreement. The purpose of this Agreement is to promote the efficiency and economy of operations in the abatement of weeds by City and County. This Agreement shall pro- vide for the performance by County of functions relating to weed H abatement in territory within the City at the same time that w 108 abatement contractor for the respective parcels. The statement shall include the description of the lots and parcels of land for which weed abatement services were performed, and verifica- tion by signature of the County Fire Marshal. 7. Inclusion of Assessment on County Tax Bill. The Council of City, after hearing, shall require the County Tax Collector to include the costs of the weed abatement service performed for City for the current year, as a special assessment on bills for taxes levied against the respective Such special assessments shall be liens 8. Time and Manner of Collection. lots and parcels of land. on the respective properties. The amounts of the assess- ments shall be collected at the same time and in the same manner as county taxes are collected, and are subject to the same penalties and for the same procedure and sale in case ordinary county taxes. 9. Remittance of Costs. The cost be advanced by County and reimbursed to by County Tax Collector. 10. Liability. City shall assume no of salary, wages or other compensation to of delinquency as provided of week abatement shall County as and when collected liability for the payment officers, agents, employees or contractors of County performing services hereunder. City shall not be liable for compensation or indemnity to County officers or employees, or to third persons, for injury or sickness arising out of the weed abatement operations under this Agreement, excluding any damages or injury arising out of any dangerous or defective condition of public property of the City. 11. Records. Each officer or department of County performing any service pursuant to this Agreement shall keep itemized detailed work or job records covering the cost of all services performed. 12. Independent Contractors. It is agreed that is by and between independent contractors, and it is nor shall it be construed to create the relationship this Agreement not intended of agent, servant, employee, partnership, joint venture or association 109 County is working in the Urban Service Area of City. The functions to be performed by County for City shall be herein- after set forth. 2. Joint Cooperation. County shall prepare Assessor's parcel maps and the list of parcels requiring abatement of weeds in the City and transmit it to City for review and approval for processing. The County Fire Marshall shall transmit the final list of parcels to the City for appropriate action in accordance with law. 3. Notice. County shall prepare the notice of weed a`hatement and cause such notice to be mailed to the owners of the parcels requiring weed abatement. 4. Hearing by Council. The Council of City shall conduct public hearings on the proposed removal of weeds pursuant to the provisions of the City ordinance when the Fire Marshal presents such appropriate resolutions or orders for adoption. The Council may by resolution declare the weeds on the, respective parcels of land as nuisances, make the determination to proceed with the abatement of weeds, and authorize the performance of the service of removal of weeds in accordance with this Agreement. 5. County Responsibilities. After action is taken at each stage by the Council, County, through the Fire Marshal shall cause the abatement of weeds in the following manner, to-wit: Upon proper authorization by City to County, the Fire Marshal shall remove the weeds on the designated properties, where the need for weed abatement still exists because owners have failed to so remove said weeds. 6. Statement of Costs. The Fire Marshal shall render to the City an itemized statement or report of the cost of the weed abatement services performed for the respective parcels of land in the City on or before the tenth day of August of each year, which shall include the County's administrative cost of 45% of the cost for City parcels of weed abatement services of the weed 110 between County and City. 13. Duration of Agreement. This Agreement shall become effective on date of execution and shall run until the governing body of City or County shall Agreement as of the first notice to the other party date of termination. IN WITNESS WHEREOF, Agreement as of NOV ATTEST: day not exercise the right to terminate this of September of any year, by giving less than ten (10) days prior to the the parties hereto have executed this COUNTY OF SANTA CLARA ATTEST: CLERK City of Saratoga APPROVED AS TO FORM: DEPUTY County Counsel Chairman, Board of Supervisors Bulaiddcm City of Saratoogga. Major - City of APPROV AS Yt H y Saratoga TO FORM: 111 County of Santa Clara Department of Agriculture and Environmental Management Administration Division San Jose Office 1553 Berger Drive Building 1 San Jose, CA 95112 408) 918 -4600 Fax (408) 286 -2460 July 20, 2012 City of Saratoga Saratoga City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 South County Office 605 Tennant Avenue Suite G Morgan Hill, CA 95037 408) 465 -2900 Fax (408) 779 -2255 http://www.sccagriculture.org Subject: Sixth Amendment to the Agreement for Abatement of Weeds, Santa Clara County Enclosed is the signed Sixth Amendment to the Agreement between the County of Santa Clara and the City of Saratoga for Abatement of Weeds. If you have any questions regarding the amendment, or need additional information, please contact Moe Kumre at (408) 282 -3123 or e -mail moe.kumregaem.scc ogv.org Thank you, Michele Ribardo Administrative Services Manager Enclosure Board of Supervisors: Mike Wasserman, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith 112 SIXTH AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF SARATOGA FOR ABATEMENT OF WEEDS The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara (County) and the City of Saratoga (City) previously entered into on November 2, 1981, as amended on February 15, 1983, January 14, 1996, August 18, 1998, August 17, 1999, and January 12, 2001 is hereby amended to modify the charge for the County's program costs to administer the Hazardous Vegetation Management Program. IT IS AGREED between the parties as follows: Statement of Costs Section 6 of the Agreement shall be amended to read as follows: In December of each calendar year, County shall deliver to City a list of all reasonable and necessary fees and costs approved and adopted by County's Board of Supervisors for all administrative, enforcement, and abatement services to be provided under this Agreement. All fees and costs in said list shall be recovered by County pursuant to Section 7 of this Agreement unless at a public hearing held within sixty (60) days of County's delivery of said itemized statement to City the City's governing body expressly declines to accept any fee or cost in said list. In the event City's governing body does decline to accept any fee or cost in said list, County shall be relieved of any and all obligations to provide any services under this Agreement for the weed abatement season for which said itemized statement is submitted to City. Thereafter, on or before the 10`x' day of August of each year, County shall render to City an itemized statement or report of the reasonable and necessary fees and cost of the administrative, enforcement, and abatement services performed for the respective parcels of land in the City. The itemized statement or report shall include a description of the lots and parcels of land for which services were performed, and verification by signature of the County official administering the Hazardous Vegetation Management Program. 113 2. Except as modified herein, all other terms and conditions of the Agreement remain the same. COUNTY OF SANTA CLARA Kevin O'Day, Direclo- r Department of Agriculture and Environmental Management 1'— 2-6-1,--,)-- Date Approved as to form and legality: Vkct I I t Mark Bernal Depu County Counsel County 496864. doe CITY OF SARATOGA C IPC:Z, Howard Mille k, Ma or I/ I 20l - Date 114 SARATOGA CITY COUNCIL MEETING DATE:October 19, 2016 DEPARTMENT:Community Development Department PREPARED BY:Sung H. Kwon, Senior Planner SUBJECT:AN ORDINANCE REQUIRING LOCKED MAILBOXES FOR NEW DEVELOPMENT RECOMMENDED ACTION: 1.Conduct a public hearing. 2.Introduce and waive the first reading of the ordinance. 3.Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. BACKGROUND: On August 17, 2016, the City Council discussed efforts to improve public safety in Saratoga. As part of the discussion, Council requested staff prepare for its future consideration a draft ordinance which would require locking mailboxes for new construction.Attachment 1 to this report is the requested draft ordinance. DISCUSSION: “In 2015, the FTC received over 490,000 consumer complaints about identity theft, representing a 47 percent increase over the prior year, and the Department of Justice estimates that 17.6 million Americans were victims of identity theft in 2014.”1 Locking mailboxes help prevent identity theft, a crime that is becoming more prevalent in California and the United States. As a way to reduce identity theft going forward, the draft ordinance requires that new construction would be required install a locking mailbox or a provide an approved alternative (e.g. mail slot or drop box). In terms of mailbox standards, the United States Post Office (USPS) reviews mailbox design. Any locked mailbox approved by the Postmaster General would satisfy the requirements of the proposed ordinance. Staff reviewed the municipal codes of neighboring cities (Los Gatos, Los Altos Hills, Los Altos, Cupertino, Campbell, Monte Sereno, and Palo Alto) for this Council assignment but no requirements for locking mailboxes were documented in the research. 1 https://www.ftc.gov/news-events/press-releases/2016/01/ftc-announces-significant-enhancements-identitytheftgov 115 Staff was able to document that the following communities have recommendations regarding locking mailboxes but no formal ordinances: Union City Police Department suggests using a locking mailbox to reduce mail/identity theft. The City of Cerritos adopted guidelines for mailbox replacement which recommends locking mailboxes. Mill Valley has a webpage on identity theft prevention. As proposed the draft ordinance would revise Chapter 6 of the City Code and establish a new section (Article 6-25) which would require locking mailboxes or an approved alternative for newly constructed structures (e.g. new structures and demo/rebuilds). Community Development staff (Building Inspector/City Planner) would verify compliance with the ordinance requirements prior to the issuance of any final inspections or occupancy permits for new construction. 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 Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15268 – Ministerial Projects. The proposed amendments are also Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15303 – New Construction and Conversion of Small Structures, and 15303(a) - The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. ATTACHMENTS: 1.Draft Ordinance 116 1 ORDINANCE __________ AN ORDINANCE AMENDING THE SARATOGA CITY CODE REGARDING LOCKING MAILBOXES The City Council of the City of Saratoga finds that: 1.The City of Saratoga wishes to amend the City Code to add an Article regarding locking mailboxes. 2.The purpose of this ordinance is to enhance the City’s Public Safety regulations. 3. The City Council of the City of Saratoga held a duly noticed public hearing on October 19, 2016 and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance and waived the reading thereof. Therefore, the City Council hereby ordains as follows: Section 1.Adoption. The Saratoga City Code is amended by adding Article 6-25 to read as set forth below. Article 6-25 – LOCKING MAILBOXES 6-25.010 –Purpose of Article. This Article is intended to deter mailbox theft, prevent identity theft, and improve overall public safety in the City of Saratoga. 6-25.020 - Definitions. The following definitions apply throughout this Article. (a)Commercial structure means a structure utilized for a business purpose. (b)Demolition is defined in Section 15-06.195. (c)Locking Mailbox is defined as a mailbox designed to ensure that in-coming mail is only accessible by an authorized person. All Locking Mailboxes shall be approved for use by the US Postal Service. (d)Residential structure means a structure utilized for permanent living accommodations. (e)Reconstruction is defined in Section 15-65.020(f). (f)Structure is defined in Section 15-06.670. 6-25.030 –Locking Mailbox required. The installation of a locking mailbox approved for use by the US Postal Service is required in the following structures: 117 2 (a)Any new residential structure. (b)Any new commercial structure. (c)Any demolition and reconstruction of an existing residential or commercial structure. 6-25.040 –Exceptions to Locking Mailbox requirement. The installation of a locking mailbox is not required in the following circumstances: (a)When an address change is obtained and there is no accompanying construction or replacement of a residential or commercial structure. (b)Where an addition to a residential structure is made, without a demolition of the existing structure. (c)Replacement of an existing mailbox. (d)When a secured mailbox slot is provided at the entry of the structure. A mailbox slot shall be approved for use by the US Postal Service. (e)When a mailbox is not required by the US Postal Service. 6-25.050 – Location and Height. Each locking mailbox shall be located in a manner satisfactory to the US Postal Service. 6-25.060 – Maintenance of required locking mailbox. Maintenance of the locking mailbox is required in a manner satisfactory to the US Postal Service. 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. This proposed amendment to the City Code is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA and the CEQA Guidelines, particularly Guidelines 15303 – New Construction and Conversion of Small Structures, and 15061(b)(3) - 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. 118 3 Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen (15) days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 19th day of October, 2016, and was adopted by the following vote on the 2nd of November, 2016. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED:ATTEST: ______________________________________________________________ Manny Cappello Crystal Bothelio MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 825248.4 119 SARATOGA CITY COUNCIL MEETING DATE: October 19, 2016 DEPARTMENT: City Attorney PREPARED BY: Richard Taylor, City Attorney Erica McConnell, Deputy City Attorney SUBJECT: San Jose Water Company Rate Review Procedures and City Authority to Regulate RECOMMENDED ACTION: Accept report and provide direction to staff. BACKGROUND: At its August 17, 2016 meeting the City Council directed staff to prepare a report to the Council on how water rates are set and what, if any, jurisdiction the City has regarding rates. City residents have complained of recent increases in water rates. This report first describes the key parties involved in the rate setting process, then discusses how the three primary recent rate increases were set, and concludes with a discussion of the scope of the City’s jurisdiction with respect to the rates. Key parties involved in the rate setting process: San Jose Water Company (SJWC) – SJWC is a private, investor-owned water utility. (Most Californians receive their water from public agencies. Only about 16% of California’s residents are served by private water companies like SJWC.) SJWC receives the bulk of its water from the Santa Clara Valley Water District. SJWC rates are regulated by the California Public Utilities Commission. Santa Clara Valley Water District (District) – The District is a public agency created by the State legislature to provide water supply and flood control and protect local water resources. The mission of the District is “to provide Silicon Valley safe, clean water for a healthy life, environment, and economy.” The District is the primary water supplier to SJWC. California Public Utilities Commission (PUC) – The California Constitution created the PUC to be the exclusive arbiter of rates charged to California residents by private utilities. Cities and other local governments do not have any regulatory authority over private utility rates. The 120 2 Constitution grants the PUC broad powers; litigation challenging actions of the PUC must be brought directly in the California Supreme Court or in some cases the Court of Appeals. Office of Ratepayer Advocates (ORA) - The ORA is an independent office within the PUC. It was established by statute “to represent and advocate on behalf of the interests of public utility customers and subscribers within the jurisdiction of the commission.” Its statutory goal is “to obtain the lowest possible rate for service consistent with reliable and safe service levels. For revenue allocation and rate design matters, the office shall primarily consider the interests of residential and small commercial customers.” Cal. Pub. Util. Code § 309.5(a). For more information, see www.ora.ca.gov. DISCUSSION Water bills received by many Saratoga residents in recent months are higher due to three primary factors: 1) Water Rate Increase 2) Drought Surcharges 3) District Rate Increases The process for setting each of these rates is discussed in more detail below and in the attachments. Attachment A is a timeline of proceedings before the PUC related to the Water Rate Increases and the Drought Surcharges since 2015. Attachment B provides details on the cost increases sought by SJWC, the ORA’s challenge to those increases, and the final increases approved. Attachment C is a PUC report on water pricing and reduced water consumption that includes specific references to the SJWC rate structure. Attachment D provides information on the District’s water conservation policies. Attachment E is the PUC resolution upholding the drought surcharges and Attachment F shows the 2015 and 2016 allotments triggering the drought surcharges together with the amount of the surcharges. Water Rate Increase. In January 2015, SJWC applied to the PUC to increase its annual revenue requirement by 12.22% and, as a result, its water rates for the years 2016 - 2018. Following opposition by ORA, SJWC and ORA reached a settlement and jointly proposed an 8.6% increase. The PUC adopted the settlement in June 2016 and made it retroactive to January 1, 2016 -- meaning the new rates include a true-up surcharge line item to capture the first half of 2016. In accordance with a 2007 PUC decision applicable to SJWC and comparable water utilities the approved revenue requirement will increase by a set formula in 2017 and 2018 leading to further increases in rates, likely in the range of 3-5% per year. SJWC provided the PUC with the details of the rates implementing the approved revenue requirements consistent with PUC standards in June 2016. The rates went into effect June 14, 2016 and the true-up surcharge took effect July 9, 2016. The PUC sets rates to allow private utilities such as SJWC to recover their water supply costs, as well as operating costs, system improvement and other fixed costs (e.g., distribution lines, pump stations, etc.), cost of capital (interest payments on borrowed funds), taxes and fees, and a rate of return on capital investments. In making these determinations the PUC considers a state policy goals such as fairness to customers and utility investors but also broader goals such as water conservation. 121 3 In allocating the PUC approved revenue requirement to water rates, SJWC uses a tiered rate design approved by the PUC in 2014. The rate design follows the “70/30 rule,” which states that 70 percent of a water utility’s revenue should come from the amount of water used by consumers (volumetric charges) and 30 percent should come from fixed charges (e.g., monthly service fees). The PUC intends this to promote water conservation. This allocation has the effect of recovering most of a utility’s fixed costs such as infrastructure improvements from volumetric charges, rather than dividing those costs equally across all ratepayers. In Capistrano Taxpayers Association, Inc. v. City of San Juan Capistrano (235 Cal. App. 4th 1493 (2015)) a tiered approach similar to that used by the PUC was rejected for water rates charged by a public agency as being inconsistent with the section XIIID of the California Constitution adopted by Proposition 218. However, this provision and other Constitutional requirements pertaining to fees and taxes adopted in the aftermath of Proposition 13 do not apply to private utilities regulated by the PUC. The PUC has explained that the 70/30 rule is an attempt to balance conservation goals with impacts on ratepayers. A recent PUC report discussing this issue (included as Attachment C) states that because water rates are largely based on consumption, “[a]s quantities of water consumed fall off, the cost of water service per quantity delivered will rise.” The PUC allows utilities to decouple their revenues from rates in order to encourage utilities to promote conservation rather than sell more water and also to protect utilities’ revenues in the face of decreased water consumption. The report concludes that in light of ongoing conservation efforts, even if drought conditions become less urgent, customers are likely to continue to experience higher rates and resulting bills. The impact on customers is more dramatic in the short term, when consumption falls steeply, such as in response to the drought conservation measures, and the utility’s costs either do not change or increase, as was the recent case for SJWC. The report uses the SJWC rate schedule to illustrate several of its points. Drought Surcharges. In Spring 2015, the State of California mandated a statewide 25% water use reduction with a targeted 20% goal in this region. At roughly the same time, the District called on its customers to reduce their consumption by 30% based on local conditions as discussed in the District announcement included in Attachment D. In response to the State mandate, the PUC ordered private water utilities to adopt drought allocations and surcharges in a document known as a “Schedule 14.1.” Surcharges collected pursuant to Schedule 14.1 apply to offset a utility’s lost revenue in light of drought measures and decreased consumption, and are collected in a separate memorandum account. They are not intended to provide increased revenue or profit to the utility. SJWC adopted specific allocations and surcharges, with the intent to achieve the District’s 30% water use reduction. The ORA and SJWC customers appealed SJWC’s Schedule 14.1. Chief among the claims was that SJWC’s use of average customer water usage as opposed to a customer-specific allotment was discriminatory and unreasonable. Appellants also claimed that by excluding non-residential customers, SJWC’s implementation of its drought surcharge program was unreasonable, discriminatory, and preferential. ORA pointed to the statutory requirement that the PUC must determine and establish rates that are “just and reasonable” and not “discriminatory or preferential” and argued that the SJWC Schedule 14.1 did not meet this standard. 122 4 On February 25, 2016, the PUC rejected the appeals. The PUC upheld the mandatory water reductions underlying the SJWC customer allotments and surcharges. It recognized that SJWC’s 30% target was higher than the 20% reduction mandated by the State Water Board for SJWC’s service area, but consistent with the 30% reductions implemented by the District and thus acceptable. The PUC also upheld the use of average customer water use as opposed to individual customer water use as the basis for the allotments. The PUC stated that “[n]o one water allotment is either perfect or fair for all customers,” and that “[i]t is true that customers with above-average water use will be responsible for larger water use reductions compared to below-average water users.” The PUC concluded that SJWC’s allotments based on historic average customer usage were neither unreasonable nor unduly discriminatory when combined with customers’ ability to request a variance in cases of undue hardship or an unjust or unreasonable result, and to file a complaint with the PUC should the variance process not address unique circumstances. The PUC resolution is included as Attachment D. With respect to the SJWC Schedule 14.1 excluding non-residential customers, the PUC decision stated that SJWC residential customers are responsible for approximately 60% of water use and that it was therefore reasonable for SJWC “to target its largest class of water users whose water use exceeds all of the other classes of customers combined,” and that it is non-discriminatory and rational “to achieve conservation from those customers using the greatest amount of water.” In 2016 the State and District relaxed their conservation mandates. The State called upon each supplier, including SJWC, to set conservation targets in accordance with a state-designed “stress test.” This test requires each water supplier to assess the sufficiency of its water supply for at least three years under drought conditions, pursuant to specific parameters. On June 22, 2016, SJWC determined that reductions of 2% would be adequate to meet this goal. Separately, on June 14, 2016, the District reduced its conservation goal from 30% to 20%, based on locally specific factors discussed in the 2016 District announcement included in Attachment D. SJWC determined that the 20% conservation target was more appropriate for its service territory, given local conditions. The PUC on June 23, 2016 adopted a resolution requiring utilities “to continue to take bold actions” in enforcing water use restrictions “by including provisions for, but not limited to … restriction on water use for the top residential, commercial and industrial users, particularly outliers, e.g., those with excessive water use….” In response, SJWC submitted a revised Schedule 14.1 changing the allotments triggering surcharges to reflect the 20% target, which allows for somewhat increased water use before the surcharges are imposed. The PUC received no objections and the new Schedule went into effect on July 1, 2016. Attachment E shows the 2015 (30% target) and 2016 (20% target) allotments triggering the drought surcharges together with the amount of the surcharges. Santa Clara Valley Water District Rate Increase. The SJWC rates approved by the PUC allow SJWC to pass the costs of its water supply directly through to its customers. As noted above, SJWC receives its water supply from the District. On May 10, 2016, the District unanimously voted to raise its supply rates for fiscal year 2016-17, effective July 1, 2016. Prior to adopting the rate increase the District prepared a report justifying its increased costs and rates, and held three hearings in April 2016, after providing advance notice to all of its water supply customers, including SJWC, on February 26, 2016. The District also allowed parties the opportunity to protest the new charges. The PUC authorized SJWC to recover these increased costs via two separate surcharges, also effective July 1, 2016. 123 5 City Authority over SJWC Rates The California Constitution created the PUC to be the exclusive arbiter of rates charged to California residents by private utilities. Cities such as Saratoga are not authorized to regulate utility rates. Accordingly there are no actions available to the City that would allow it to require a reduction in SJWC’s rates. The City does, however, have authority to seek to influence utility rates. With respect to the current rates the City may file a petition for a modification to the PUC rate decision and/or to the current Schedule 14.1. Although some time has passed since the PUC actions, petitions for modification are nonetheless authorized. Modification proceedings can be complex and lengthy. In the absence of significant new facts or circumstances it is usual for the PUC to change its decisions. Accordingly, a first step for such an approach would be to retain expert rate analysts to carefully review SJWC filings with the PUC to identify matters that may have been overlooked by ORA, PUC staff, and other interested parties in the earlier proceedings. Like other customers the City also may file a complaint contesting the reasonableness of the rates and/or surcharges but as a practical matter such proceedings are based on specific facts and circumstances peculiar to the complainant. Typically the PUC is primarily receptive to complaints related to billing errors and similar issues, rather than those raising policy issues or otherwise contesting its past decisions. Here too, having expert rate analysts review the filings might reveal information that may have been overlooked by ORA, PUC staff, and other interested parties in the earlier proceedings. The City also could seek to influence future rates. In connection with future rate increases or adjustments to conservation allotments and surcharges the City could participate in the PUC proceedings to supplement and support the work of the ORA and other parties. The City could also seek to influence future rates more generally by promoting dialog among key policymakers regarding the PUC policies that promote tiered pricing and explore instead the concept of pricing in accordance with the principles applicable to public agency water suppliers subject to Proposition 218. ATTACHMENTS: Attachment A – Chronology of proceedings before the PUC Attachment B – Summary of cost increases sought by SJWC and PUC response Attachment C – Declining Water Deliveries – How Rates and Bills will be Impacted (PUC September 2016) Attachment D – Santa Clara Valley Water District Conservation Goals Attachment E – PUC Resolution W-5074 Upholding SJWC 2015 Allotment and Surcharges Attachment F – 2015 and 2016 allotments triggering drought surcharges 124 6 Attachment A Overview of SJWC Rate Increases and Drought Allocations and Surcharges Month Rate Increases Drought Allocations and Surcharges 2015 2 0 1 5 Jan. On January 5, 2015 SJWC applied to the PUC to increase its revenue requirement and, as a result, its rates in 2016-2018 starting with a 12.22% increase in 2016, to approximately $321 million for that year. Feb.- March The Office of Ratepayer Advocates (ORA) and others protested the application and intervened. The PUC conducted a prehearing conference in San Francisco and a public participation conference in San Jose. April- May Parties filed written testimony at the PUC describing their positions. In response to Governor’s directive, the State Water Board mandated a statewide 25% water use reduction and the PUC passed corresponding resolutions to implement this policy at water utilities subject to its jurisdiction, including SJWC. The District set a 30% conservation goal. May- June At the PUC’s request, parties filed updated testimony addressing the new 25% conservation mandate and its impact on SJWC’s application. SJWC filed a Schedule 14.1 implementing the drought allocations and surcharges, with a 30% conservation target consistent with the District’s conservation target. June- July PUC held evidentiary hearings on disputed issues, and then parties filed written opening and reply briefs. On June 15, 2015, SJWC’s drought allocations and surcharges went into effect. ORA and customers appealed, raising similar concerns to those now raised by City residents. July- Aug. ORA and SJWCC filed a partial settlement agreement and supplemental settlement agreement to which the other parties did not object. The proceeding was submitted for decision. 2016 125 7 Overview of SJWC Rate Increases and Drought Allocations and Surcharges Month Rate Increases Drought Allocations and Surcharges 2 0 1 6 Feb. After about 7 months, the PUC rejected ORA’s and the customers’ appeals regarding the drought allocations and surcharges. April- May After about 8 months, the PUC issued a proposed decision. SJWC and ORA filed opening and reply comments on it. No other public comments were received. May- June In response to Governor’s directive, the State Water Board lifted the 25% statewide mandate and replaced it with a localized “stress test” approach. The PUC passed corresponding resolutions to implement the new policy at water utilities subject to its jurisdiction, including SJWC. The District reduced its conservation goal from 30% to 20%. June On June 9 the PUC voted on a final decision (formally issued on June 16), which adopted its proposed decision as its final decision, and approved the two partial settlements, resolved disputed issues, and adopted new revenue requirements and rates for SJWC. The PUC closed the proceeding. SJWC filed the required advice letters implementing updated drought allocations and surcharges, now with a 20% conservation target consistent with the District’s updated conservation target. June - Aug. In June and July, SJWC filed a series of documents implementing the rate increases and other changes approved by the PUC. Although protests were filed to certain of them, the new rates nonetheless went into effect starting on June 14, 2016, and the new true-up surcharge went into effect on July 9, 2016. Independent of the PUC process, the District raised its water supply rates, effective July 1, 2016. SJWC passed these increased costs through to customers in additional rate surcharges. On July 1, 2016, SJWC’s updated drought allocations and surcharges went into effect. No protests or appeals were filed. 126 8 Attachment B Key Aspects of SJWC’s Proposed Rate Increase and PUC Response In 2015 SJWC applied for an increase of roughly $35 million in the “revenue requirement” upon which rates are based (a 12.22% increase). Following opposition from the Office of Ratepayer Advocates (ORA) and others, SJWC and ORA reached a settlement and jointly proposed a reducing the increase to $25 million (an 8.6% increase). The ORA prepared the following two tables showing the areas in which the revenue requirement was reduced. The amounts listed in the “Settlement” and “PD” columns were ultimately adopted by the PUC in its final decision. SJWCC Capital Investments 127 9 Other Key Areas Affecting SJWC Rates 128 Attachment C Declining Water Deliveries – How Rates and Bills will be Impacted Policy & Planning Division, California Public Utilities Commission September 2016 129 Declining Water Deliveries –How Rates and Bills will be Impacted This paper reviews the water delivery quantities for California’s Class-A Water Utilities and finds that they have been declining rapidly, at least since 2013. While the sudden reduction may be related to California’s current drought and temporary, it appears that the long-term trend is downward, with significant implications for future costs and rates. September 2016 Stephen St. Marie, Principal Author Policy & Planning Division, California Public Utilities Commission Marzia Zafar, Director 130 1 |P a g e DISCLAIMERThis White Paper was prepared by California Public Utilities Commission (CPUC) staff. It does notnecessarily represent the views of the CPUC, its Commissioners, or the State of California. TheCPUC, the State of California, its employees, contractors, and subcontractors make no warrantexpress or implied, and assume no legal liability for the information in this White Paper. This WhitePaper has not been approved or disapproved by the CPUC, nor has the CPUC passed upon theaccuracy or adequacy of the information in this White Paper. 131 2 |P a g e Table of Contents Introduction ..................................................................................................................................................3 Short-term and Long-term Usage Reductions ..............................................................................................4 Review of Class-A Water Utility Annual Reports ..........................................................................................6 Indexing by Year –Adding Clarity ...............................................................................................................11 Conservation Rates and the 70/30 rule ......................................................................................................13 Implications for Customers, for Water Utilities, and for Regulators ..........................................................17 Summary and Conclusion ...........................................................................................................................19 132 3 |P a g e Introduction Californians are using less water, and the water utilities that are jurisdictional to the California Public Utilities Commission (CPUC or the Commission) are implementing successfully the state’s policies regarding reducing the amount of water served each month. The Commission’s Water Division provides monthly reports to the Commissioners and relevant staff showing conservation targets of the Class-A water utilities and their achievements in “percent saved.” Those monthly reports are helpful in evaluating the degree to which the water utilities are succeeding in meeting the requirements of the Governor’s executive orders and complying with drought regulations. The Commission also should be interested in water use reductions from a longer term perspective. Regardless of the progress of the current drought, California’s continuing economic growth and population growth indicate a future of conservation and care in water consumption. Incremental supplies of water will cost more than the state’s traditional sources. Recently, the CPUC documented examples of higher costs of “new” water from conservation and recycling measures as well as from desalination. Increases in efficiency in water use similarly, come at a cost.1 There are engineering questions as well. Local mains and water systems generally have been designed with certain water flow quantities in mind. As customer use patterns change, there may be need for improvements to keep water systems operating properly and water quality high. Finally, even if the total costs of water systems do not rise, there are questions of how the current costs will be collected through rates charged to customers when those customers use less. Even if customers cut back on water use to the degree that there are no new water supplies are needed, reduced consumption does not translate to lower water system costs. The annual costs associate d with operating and maintaining water systems vary only slightly with changes in the quantities of water delivered to customers; most of the costs are related to operating the systems and to maintaining and improving the infrastructure. Such costs do not vary with water quantities. As quantities of water consumed fall off, the cost of water service per quantity delivered will rise. This is not a matter of costs or usage; it is a matter of arithmetic. Customer rates for service are set largely according to the amount of water they use. With little change in overall costs,smaller denominator yields a higher rate.This does not mean that customer bills will rise, only that if overall costs do not fall,bills will not decrease in the long run. Rates will rise to meet the revenue requirements necessary to pay the costs of the water systems. This paper provides a review of the progress of the Class-A water utilities in reducing water consumption on a per-customer basis over years –not months. Based on a review of annual data from 2010 through 2015 (the most recent full-year statistics available), it shows that for most of the Class-A systems, water consumption reached a peak in 2013 and began falling in 2014 and 2015. Clearly the state’s short-term 1 What Will Be the Cost of Future Sources of Water for California?Stephen St Marie and Marzia Zafar, Policy and Planning Division White Paper, January 2016. 133 4 |P a g e drought-related goals are being met. The annual data show an even stronger trend that has the appearance of continuing beyond the end of the current drought and the conclusion of monthly reporting. In the longer term, water utility deliveries per customer may rise from their current levels. But they are unlikely to return to the pre-drought levels and, as discussed below, they may continue on a downward path. At the same time, costs of operating and sustaining water systems may decline only by a small amount if they decline at all. More likely,costs will stay constant or even rise. If so,collecting those constant costs on a smaller base of sales will require recalculation of rates, resulting in higher rates per unit of water delivered. Short-term and Long-term Usage Reductions All of California’s water servers, including those jurisdictional to the CPUC, are under Governor’s Executive Orders to reduce water consumption.2 The Governor’s web page notes that “Californians have responded with unprecedented conservation efforts ….”3 Most likely, some of the conservation response of Californians is a result of the urgency of the call, and when the urgency is reduced, the efforts will be reduced as well. That is, some of the reduction will be found to be tempora ry. Still, some changes in consumption patterns are likely to persist even after the urgency has worn off. Particularly, with the installation of water-efficient household fixtures replacing older water-inefficient ones, at least some reduction in water usage is likely to remain, at least until such fixtures are due for replacement once again. In addition to the urgency of the drought regulations and Californians’ willing response, there are longer term policies and trends under way. California adopted a California Water Action Plan, with updates over the last several years.4 Sustainable management is a major goal, along with “reliability, restoration, and resilience.” Over several years, and several updates, the California Water Action Plan has focused on assisting water agencies and customers to limit and reduce water use.5 The Commission has its own 2 Governor Brown’s Responses to the California Drought are presented at https://www.gov.ca.gov/news.php?id=19191. The Governor declared a drought state of emergency in January 2014. He followed up with a 25-percent statewide mandatory water use reduction and a series of actions to help save water. More information, including the underlying executive orders, is available at that web site. 3 Noted on the same web page,https://www.gov.ca.gov/news.php?id=19191. 4 The California Water Plan web page can be seen at http://resources.ca.gov/california_water_action_plan/. 5 In particular, Chapter 3 of Volume 3 of the 2013 Update,“Urban Water Use Efficiency,”provides various strategies for enhancing water use efficiency and providing incentives to conserve. It also contains a broad bibliography of sources for further research.http://www.water.ca.gov/waterplan/cwpu2013/final/index.cfm . 134 5 |P a g e Water Action Plan, originally published in 2005 and updated most recently in 2010.6 One of the six objectives of the Water Action Plan is to “Strengthen water conservation programs to a level comparable to those of energy utilities.” Prior to California’s current drought, the previous Governor initiated the 20x2020 Water Conservation Plan in 2008.7 The CPUC’s Water Rate Case Plan, published in 2007, calls for conservation and efficiency, along with annual water use reductions.8 Water utility general rate case decisions have continued to set goals for reductions in system water losses.9 Water utilities have encouraged customers to modify their gardening practices to reduce water needs. They even have instituted programs to compensate customers that have removed grass lawns and replaced them with drought-tolerant landscapes.10 These programs are resulting in water use reductions that are, at the least, persistent, though long-term water-use forecasts for large areas are hard to find.11 Certainly, two drought-related effects will continue: the statewide emphasis on conservation pricing – that is, placing the bulk of the charges on volumetric usage –and the gradual increase in rates resulting from lower deliveries –are resulting in a continuing incentive to customers to be conservative in consumption.12 6 Water Action Plan, October 2010, California Public Utilities Commission, available for download at: http://www.cpuc.ca.gov/General.aspx?id=6751. 7 See the State Water Resources Control Board page regarding the 20x2020 program at http://www.swrcb.ca.gov/water_issues/hot_topics/20x2020/index.shtml . There is a February 28, 2008 letter of Governor Schwarzenegger and a February 2010 published plan, along with follow -up actions extending through 2013. 8 CPUC Decision D.07-05-062,May 24, 2007, Opinion Adopting a Revised Rate Case Plan for Class A Water Utilities . In addition, see, for example, CPUC Decision D.11-05-004, May 5, 2011. This decision “adopts a conservation goal of a 1-2% annual reduction in consumption, per service connection and customer class ….” 9 In CPUC Decision D.09-07-021, the Commission provided an incentive regulation mechanism to California - American Water to provide “a strong financial incentive to reduce unaccounted for water.” See page 56. 10 Several examples of conservation programs and their costs are presented in St Marie and Zafar, “What will be the cost of future water sources for California.” Specific programs and budgets are not found in the main body of CPUC decisions, but are in the appendixes and settlement documents. 11 Long-term forecasts of urban water demand have been declining over time. Examples are shown in “A Community Guide for Evaluating Future Urban Water Demand,” by Matthew Herberger, Kristina Donnelly, and Heather Cooley, Pacific Institute, August 2016.http://pacinst.org/rethinking-future-water-demand-blog/. 12 The State Water Resources Control Board web page on “Conservation Water Pricing” begins with the sentence, “Conservation Pricing is an effective tool to prevent wasteful water use.” http://www.waterboards.ca.gov/waterrights/water_issues/programs/droug ht/pricing/. 135 6 |P a g e Review of Class-A Water Utility Annual Reports The CPUC-jurisdictional water utilities are required to file reports annually that show their financial and physical results for the year. The Commission posts these public documents on the CPUC web page.13 Annual reports dating back to the year 2000 are available on the web page. This analysis begins with the year 2010. The annual reports include information on the companies’ balance sheets, income statements, Capacity and non-tariffed services, and much more. This analysis relies on two schedules: Schedule D-4 –Number of Active Service connections; and Schedule D-7 –Water Delivered to Metered Customers by Months and Years. Information is presented in standardized form, facilitating comparison from year to year, and from utility company to utility company. The number of meters is reported as of December 31 of each year. Water deliveries –monthly numbers as well as annual totals –are reported in standardized units, such as “CCFs,” which means “hundreds of cubic feet.” The filer has the option of reporting in another standard measure, but must indicate clearly what form of unit is reported. That makes it possible for a reviewer to convert all of the numbers to a common standard regardless of the filer’s original submission. One difficulty in evaluating use per customer is that not all residential units have their own water connections to the utilities. Single-family homes, of course, are connected through water meters. But apartment buildings, at least historically, often have had a single connection to the water utility, with the result that there is no pure residential number reported or even known at the level of individual apartments. Consequently, the reports list a category called “Commercial,” which is domestic, including single-family connections and commercial buildings, including apartment buildings. While this number may not represent a pure domestic use number, it is the best we have. Using it facilitates comparison from year to year for a single filer, for the overall stock of homes and apartments is stable over time. However, comparisons between companies are less objective, for the degree of penetration of multi - unit buildings is different from company to company. Surely, more urban areas are likely to have a higher penetration of multi-unit connections, while more suburban and rural areas are likely to have a smaller percentage of such multi-unit connections.And the characteristics of single-family homes and lots may vary from locale to locale. Table 1 presents 2015 results for the California water utility companies whose reports we re analyzed regarding both the quantities of water delivered and the number of connections –a proxy for the number of customers.14 It also provides a snap-shot of the relative sizes among the companies. Class-A 13 CPUC Web Page:ftp://ftp.cpuc.ca.gov/waterannualreports/. 14 The Annual Reports combine Residential (which in most cases means individually metered single -family units) and Commercial (which may include apartment buildings, unlikely to be separately metered per apartment). Not included are industrial sales, sales public authorities, and irrigation sales. Public fire hydrants are also not 136 7 |P a g e Water utilities are those with more than 10,000 connections. These firms range in size from a low number of about 20,000 residential and commercial customers (Apple Valley Ranchos Water Company) to over 400,000 residential and commercial customers (California Water Service). That is a ratio of about 20-to-one, and it shows the diversity within the group.15 Table 1 While several of the utilities serve multiple districts and file individual reports for each district, this analysis reviews the overall totals for the companies, not the districts. This analysis covers the years 2010-2015, the most recent year on record. Table 2 shows how each company’s deliveries per residential/commercial customer have changed over time, from 2010 until the most recent full-year data available, 2015. Each company’s pattern is unique, but there is a larger industry-wide pattern beginning in 2014 as the state of California began to react sharply to the ongoing drought. included. San Jose Water Company provided a consistent series of “Residential” numbers for deliveries and number of connections for the period for 2010-2015. Therefore, the usage numbers for San Jose Water Company are Residential. For the rest they are Residential and Commercial combined. 15 While the Class-A Water utilities account for about 95-percent of the urban water deliveries under CPUC jurisdiction, they are a small portion of the number of CPUC-jurisdictional water utilities. The CPUC’s web site provides a list of 108 water utilities. Besides the nine Class -A utilities (over 10,000 connections), there are five Class-B utilities (over 2,000 connections), 24 Class-C utilities (over 500 connections), and 70 Class-D utilities (500 or fewer connections). The list can be downloaded here:http://www.cpuc.ca.gov/water/. Of course, the CPUC is responsible for regulation only of the investor-owned water utilities. According to the State Water Resources Control Board, its Field Operations Branches are responsible for monitoring the performance of 7,500 public water systems.http://www.swrcb.ca.gov/drinking_water/programs/index.shtml . Company Deliveries (CCF)Connections Use per Customer Apple Valley Ranchos Water 3,414,735 19,757 173 California Water Service 91,648,000 437,408 210 California-American Water 27,921,373 166,809 167 Golden State Water 47,871,271 249,727 192 Great Oaks Water 3,061,669 20,404 150 Park Water 3,732,256 26,936 139 San Gabriel Valley Water 22,175,915 91,131 243 San Jose Water 23,960,923 198,953 120 Suburban Water 12,447,934 61,236 203 Sum of All Class-A Utilities 236,234,076 1,272,361 186 Residential and Commercial Deliveries and Connections in 2015 California's Class-A Water Utilities 137 8 |P a g e Table 2 The numbers for the individual utilities shown in Table 2 may be difficult to interpret on their own, and even a chart of the individual company results may not be informative about the state of the industry. Still, put together in the form of an aggregated total for all of the Class-A Water utilities together, the results are dramatic. Chart 1 presents the deliveries pattern for the aggregated total, that is, for the Class-A water utilities as a whole. It provides a view of how the deliveries were on a slow ascent from 2011 through 2013 and then dropped off sharply in 2014 and 2015. 2010 2011 2012 2013 2014 2015 Apple Valley Ranchos Water 248 232 237 227 220 173 California Water Service 258 254 268 290 252 210 California-American Water 210 207 220 216 199 167 Golden State Water 236 227 237 237 228 192 Great Oaks Water 198 197 209 212 190 150 Park Water 167 163 168 167 159 139 San Gabriel Valley Water 291 284 297 295 292 243 San Jose Water 164 164 175 177 157 120 Suburban Water 217 215 231 248 246 203 Class-A Utilities in Total 229 225 237 245 224 186 Percentage Change Year-to-Year -1.7%5.4%3.3%-8.5%-17.3% (CCF per Residential/Customer) California Class-A Water Utilities Annual Deliveries Per Residential/Commercial Customer 138 9 |P a g e Chart 1 Overall, the results are astounding. Of course, it is to be expected that with the Governor’s declaration of drought conditions in January or 2014, the results for 2014 would be lower than for 2013, the last year that could be considered “normal” in California terms. Overall, taking into account the results for all nine Class-A water utilities, the results for 2014 were about 8.5 -percent lower than for 2013. Even more dramatic is the overall result for 2015, about 17-percent below 2014’s already reduced result, and more than 24-percent lower than 2013. It is difficult to overstate how dramatic these changes are. A comparison to California’s electric industry may help to make it clearer. Chart 2 shows electrical energy deliveries to California’s residential customers from full-service electric utilities over the years from 2009 through 2014 (the latest year available). 139 10 |P a g e Chart 2 Average electric energy use per residential customer in California varied from just less than seven megawatt-hours (MWH) per year in 2009 to a minimum of just more than 6.8 MWH in 2010 and 2013, with the other years’ results falling in between. The average year-to-year percentage change (in absolute value) was about 1.5-percent, with the largest single-year change being about 3.1-percent from 2009 to 2010. By contrast, for the California’s Class-A water utilities, the average annual change (in absolute value) was about 7.2-percent, with the largest single-year change being the drop of more than 17-percent from 2014 to 2015. Chart 3 presents a comparison of the year-to-year percentage changes in per-customer deliveries of water and electric energy. (Note that both electric and gas have the same number of bars, but they are not completely comparable because the most recent data for electric service deliveries extends only through 2014 and does not include 2015.) The results show that in every year the percentage change in water deliveries was greater than the percentage change in electric deliveries. In comparison to changes in electric energy consumption, water usage results have been very volatile. 140 11 |P a g e Chart 3 Indexing by Year – Adding Clarity A more revealing review of the water company results comes from presenting the utility numbers not in quantities of water, but in percentages compared to a single point in time. Consider the time period of this analysis. California, along with the rest of the United States, was in a deep recession in 2009. By 2010, the economy was expanding again. The economy has been expanding throughout the years of this analysis. Chart 4 compares the deliveries to the levels of 2010. 141 12 |P a g e Chart 4 Chart 4 shows that for the most part, the water deliveries of the Class -A utilities were declining or about flat from 2010 to 2011, even as the California economy was growing. Growth in water deliveries proceeded in 2012 and 2013. 2013 was a dry year, and deliveries may have been high that year due to the increased need for outdoor watering for gardens and lawn. In retrospect, we can look back at 2013 as the last year in which there was little reason for consumers not to use as much water as needed or wanted. There were many programs at the state and local level to assist customers to use less water; but there was not anything like the state-wide effort that began in January 2014 with the Governor’s drought declaration. All the numbers for 2014 are lower than the 2013 numbers, indicating that conservation began in earnest in 2014. And then, we can see that in 2015 there were even steeper declines. Based on this recognition that 2013 looks like a good base point for the changes that followed, it is reasonable to make comparisons to 2013 instead of 2010. Chart 5 moves the reference point to the year 2013, the last year before the Governor declared a drought emergency in January of 2014. 142 13 |P a g e Chart 5 In Chart 5 we see the sudden commonality of direction of deliveries:Down!All the Class-A utilities delivered less water in 2014 than they did a year earlier, about six-percent less on average. Even more dramatic are the steep declines that followed in 2015, about 18 -percent less than 2014, and about 23- percent less than 2013. Conservation Rates and the 70/30 rule The CPUC is a member of the California Urban Water Conservation Council (CUWCC, or the Council),an organization that helps to promote conservation in water consumption. Its mission statement says that it is “dedicated to maximizing urban water conservation throughout California by supporting and integrating innovative technologies and practices; encouraging effective public policies; advancing research, training, and public education; and building on collaborative approaches and partnerships.”16 Prominent among the many strategies the council favors to promote conservation is the idea that w ater rates should provide a strong conservation signal to customers: Use less to save money. The idea of “conservation rates” is more fully formed in the 70-percent rule, which states that 70-percent of the 16 http://www.cuwcc.org/About-Us. 143 14 |P a g e revenue of a water utility should come from volumetric charges, that is, from the turning of the meter. Only 30-percent should come from fixed charges, such as a monthly service fee. The 70-percent rule is defined in the Council’s Memorandum of Understanding,17 originally signed by 120 urban water agencies and environmental groups in 1991, and now supported by the more than 400 members. In essence, conservation rates should include a strong conservation signal by putting 70 -percent of the revenue requirement into the portion of the rate that corresponds with usage. Excerpt from the CUWCC Memorandum of Understanding Regarding Conservation Rates and the 70-percent Rule While the algebra is clear with regard to the overall revenue of a water utility, the relationship to the rates charged to any one customer is more complex. As an example of how the 70-percent rule applies in practice at the California Public Utilities Commission, consider the residential “Schedule 1, General Metered Service” tariff of San Jose Water Company.18 This is the rate that is applicable to most residential customers. Though the tariff itself is three pages long, the relevant portions are the following three parts: 17 Memorandum of Understanding:http://www.cuwcc.org/About-Us/Memorandum-of-Understanding. 18 San Jose Water Company provides its tariffs on line: https://www.sjwater.com/for_your_home/home_customer_care/rates_regulations/tariff_book . 144 15 |P a g e Quantity Rates: There is a three-tiered rate for water taken. For customers with the most common sizes of meters, the charges are: o For Total Monthly Usage from 0 to 3 CCF:$4.05810/CCF o For Total Monthly Usage from 3 to 18 CCF:$4.50900/CCF o For Total Monthly Usage over 18 CCF:$4.95990/CCF Service Charge: Based on the size of the meter, there is a service charge. For this example, assume a standard 3/4-inch meter, which is associated with a monthly service charge of $23.98. Special Conditions: Finally, the CPUC has authorized a series of “Special Conditions” for surcharges and surcredits associated with special projects, such as repayment of a “Safe Drinking Water State Revolving Fund Loan,” and the “Water Rate Assistance Program” (WRAP), which is a fund to assist low-income customers. Some of the Special Conditions charges are per- meter, and therefore are added to the service charge for this calculation. The per-meter surcharges sum to $1.51 per customer. The remainder are volumetric surcharges and surcredits related to the amount of water taken, denominated in Hundreds of Cubic Feet (CCF). Those charges sum to $0.08962/CCF. Based on this information, a typical residential customer of San Jose Water Company taking 12 CCF per month19 would receive a bill of $89, of which $25.49 would be fixed (service) charges, and $63.51 would be variable (quantity) charges. The quantity charges for this typical customer are 71 -percent of the total, in accordance with the 70-percent rule. The calculation is shown in Table 3. Table 3 presents the results for a typical residential customer that use s the average quantity of water among the San Jose Water Company’s residential customers. The rate schedule provides a strong signal to a residential customer that cutting back even one CCF can save $5.41, and using an additional CCF, likewise, would add $5.41 to the bill. 19 California Public Utilities Commission Decision D.16-06-004, in Application A.15-01-002, Attachment C “Supplemental Settlement Agreement,” Attachment D, Table E. Average Sales per Residential Customer is reported to 147 CCF/year, equivalent for our purposes to 12 CCF/month. 145 16 |P a g e Table 3 Consider the difference in the conservation signal to the customer if the CUWCC 70 -percent rule were not in place, if, for example it were reversed. Imagine the customer signal if the rule were reversed, and 70-percent of the bill for a typical 12-CCF/Month customer were fixed charges, with only the remaining 30-percent based on quantity consumed. The fixed fee in the Alternative rate schedule would be $62.30, and the quantity portion of the bill would be $26.70. Applying the same ratios to the usage charges yields comparative lower usage rates for the three tiers and for the special charges. A comparison of such alternative rates to the actual conservation-based rates is shown in Chart 6, below. The chart shows total bills calculated for usage levels from zero to 24 CCF/month for both San Jose Water Company’s actual Schedule 1 tariff and under a hypothetical tariff employing the opposite criteria. The difference is dramatic. Percent Distribution Fixed Charges Service Charges For 5/8x3/4" meter or 3/4" meter Service 23.98$23.98$ Special Conditions Charges, Total 1.51$1.51$ Total Fixed Charges 25.49$25.49$29% Use-Related Charges (Per Ccf) Tiered-Rate Charges For Total Monthly Usage from 0 to 3 CCF 4.05810$12.17$ For Total Monthly Usage from 3 to 18 CCF 4.50900$40.58$ For Total Monthly Usage over 18 CCF 4.95990$-$ Use-Related Special Condition Charges Total 0.89620$10.75$ Total Variable Charges 63.51$71% Total Bill 89.00$100% Monthly Bill for Customer Consuming 12 CCF Charges Monthly Charges -- Example for a Customer Using 12 CCF For Residential Customers with 5/8x3/4, 3/4 inch meters General Metered Service Schedule Schedule No. 1 San Jose Water Company 146 17 |P a g e Chart 6 In Chart 6 we see that a 12-CCF user would pay the same bill, $89.00 under either tariff. But in the case of the Alternative tariff, there is very little to be gained from cutting back, and little additional cost from using more. By contrast, the actual tariff provides a stronger conservat ion signal. Implications for Customers, for Water Utilities, and for Regulators When customers use less water, they expect to see lower water bills, for their bills for the most part are calibrated based on usage. This expectation is built into the tariffs of the water utilities, tariffs approved as just and reasonable by the Commission. Most water utility tariffs are based on rising tiers,20 so any 20 See, for example, the rising tiers in the General Metered Service rates of San Jose Water Company, shown in Table 3. The largest consumers, those that consume more than 18 CCF/month, pay a usage rate about $0.90 higher than those customers in the first tier. If most of the savings from conservation are achieved by the high -tier users, the revenue effects are greater than if the conservation occurs among customers across all of the tiers. 147 18 |P a g e decline in usage on the part of a customer in a high tier provides a decline in usage charges that is more than proportional. In the short run, customers who cut back in their water use are rewarded with dramatic savings on their bills. The CPUC’s policy has been to favor conservation rates.This policy, which is designed to promote resource conservation, gives customers a strong signal that their bills can be affected by their use. Use more and pay more, or use less and pay less.21 When all customers change in the same way, decreasing their consumption in response to a government initiative, the result of the sudden and dramatic decline in usage among customers is a similarly dramatic decline in revenue of the utilities, of course.Unfortunately, water system costs do not vary to a large degree with the amount of water delivered to customers. Most of the costs of water utilities are associated with the network of pipes and facilities that cost the same regardless of how much water is processed and delivered. The Commission has adopted a revenue policy for water utilities that is the same as for the energy utilities: Decoupling of revenue from sales. For the energy utilities, this policy was adopted in the 1970s as a deliberate mechanism to remove any incentive on the part of the utility companies to encourage customers to use more. In more recent years, the Commission has turned to promoting conservation in water usage as well. Beginning in 2008, the Commission adopted a policy of Water Revenue Adjustment Mechanisms (WRAMs) and other special accounts designed to remove the same incentive to sell more that they had adopted for the energy utilities so many years before.22 While the policy is the same, implementing the policy has been more dramatic for the water utilities due to the greater degree of year-to-year change in water delivered as shown in Charts 1, 2, and 3, above. Under a WRAM policy, the result of sales below forecast levels is a calculation of lost marginal revenue to be collected later. For several years, the water utilities began to accrue large WRAM balances on their balance sheets –balances that sooner or later would have to be paid by consumers through the imposition of surcharges or higher rates. The utilities have relied on the CPUC’s policies to protect their revenues, for water utility costs are largely invariant with changes in the amount of water delivered. 21 California Urban Water Conservation Council, Memorandum of Understanding, first adopted December 11, 1991, last amended, January 4, 2016. The memorandum is available from t he CUWCC website: http://www.cuwcc.org/About-Us/Memorandum-of-Understanding. The CPUC is a member of the Council and subscribes to the definition of conservation pricing when at least 70-percent of revenue is derived from volumetric measures, with fixed charges accounting for 30-percent or less. A discussion of specific accounting methods begins on page 32 of the MOU. 22 CPUC Decision D.08-02-036, February 28, 2008, for example, found that in order to implement conservation rates, the Commission should have Water Revenue Adjustment Mechanisms and Modified Cost Balancing Accounts (WRAMs/MCBAs), and accounting for those mechanisms should begin immediately. 148 19 |P a g e The Commission has recognized the increasing WRAM balances and other account balances that were growing due to declines in water deliveries, and has taken action to get the rates in line with actual usage rates.23 The Commission has aided the utilities by allowing revenues from excess-use charges to be accrued directly into the WRAM accounts. So, those customers paying excess use charges are helping to pay down the accrued revenue deficiencies resulting from the conservation pract ices of the general body of customers. While the WRAM system of decoupling revenues from sales protects the water systems from revenue losses, it also speeds the process of final rate changes that must occur to keep revenue stable. Customers find themselves in the interesting position of saving a lot of water, but not saving so much money, for the total costs have not changed –only the amount of water delivered has declined. In the short run, customer bills decline, and the WRAM balances increase. In the longer run, the decline in sales results in higher rates for water usage. The most water-frugal customers will always have the lowest bills, but customers whose generous water use continues unabated may find themselves with significantly higher bills.Overall, the total of customer bills will not change as much as water consumption does. In the future, it is likely that water consumption will stabilize at some new lower level. Eventually, the just and reasonable rates authorized by the Commission will catch up with the new usage levels, and the WRAM system will go back to its original purpose of accounting for small differences between forecast and actual sales and stabilizing revenues that otherwise would be affected by changes in consumption levels.They will continue to remove the incentive that would otherwise cause the utility companies to avoid encouraging conservation on the part of their customers. Summary and Conclusion The current drought in California and our conservation policies are resulting in dramatic reductions in the water delivered by California’s Class-A water utilities. To some degree, the most dramatic cut-backs may not persist once the urgency of the present situation begins to fade. But, to a large and significant degree, the new usage patterns may persist for years. Changes such as the installation of water-efficient household appliances and low-water gardens, removal of water-thirsty lawns, and the adoption of new water-use patterns by residential customers across the state are going to persist and are unlikely to be reversed, even over the long run. Moreover California, because of its continuing population growth, is unlikely ever to see water surpluses or discover any reason to reduce the emphasis on water conservation. Therefore, on a customer-by- customer basis, we should expect to see continued low usage, and likely even lower usage in the future. 23 CPUC Decision D.12-04-048 of April 19, 2012 set caps on the rate of amortization and required that a more vigorous review of WRAMs/MCBAs be conducted in each Class -A utility’s pending or next general rated case. 149 20 |P a g e The Commission receives monthly reports of the success of the water utilities in meeting the targets set by the Governor for water conservation. Those short-term monthly reports are important, and they provide the information the Commissioners need to judge the efficacy of the utilities’ efforts in cutting excess usage. But those short-term results are only part of the picture. This report shows a longer term result. It shows that the patterns of usage were barely increasing in the economic recovery from 2010 to 2013. And in the last two reported years, the declines in usage have been dramatic across the board. This paper presents the longer term perspective as a way to indicate that in the future the Commission will have to deal with lower deliveries as a factor in setting future water rates.Bills may decline in the short run, but over time, bills will align with costs.The rates will begin to increase not primarily as a matter of increasing costs of the utilities, though it is likely that costs will increase with the development of new water sources that are more expensive than traditional sources. The rates will have t o increase as a result of facing a declining base of sales and deliveries. This is not a matter of policy but a matter of arithmetic, as the units of sales have decreased and are continuing to decrease, and as they are not likely to recover or rise much in the years ahead. 150 Attachment D Santa Clara Valley Water District Announcements Regarding Conservation Targets 151 > District calls for 30% conservation, lawn watering 2 days a week District calls for 30% conservation, lawn watering 2 days a week Contact: Colleen Valles Office: 408-630-2985 Mobile: 408-681-9265 March 25, 2015 SAN JOSE—Facing worsening drought conditions and water supply projections, the Santa Clara Valley Water District Board of Directors called for a water use reduction target of 30 percent and a restriction on irrigating outdoor landscapes and lawns with potable water to two days per week. The call came at the board’s regular meeting Tuesday, and is a response to the continued severity of the drought. The board received an update on water supply conditions which are heavily reliant upon water supplies imported from outside the county. Local reservoirs are about half full. Groundwater levels are 30 to 40 feet lower than average, reflecting the greater use of groundwater in 2014 and starting the year at a greater deficit in groundwater supplies than last year. The northern California Sierra snowpack, which is a key factor in the availability of imported water supplies, is only around 10 percent of normal. Santa Clara County’s groundwater basins are the largest local “reservoir” of water, and the water district works aggressively to protect these resources. With less water available to replenish groundwater basins in Santa Clara Valley, the increase in conservation is critical. Decreasing demand by cutting water usage will help protect groundwater storage and lessen the risk of subsidence. Subsidence is the sinking of the surface of the land that occurs if too much water is drawn from the aquifer beneath it. Subsidence can damage canals, levees, roadways, or sewer and storm water systems, and can also lead to flooding and to salt water entering the aquifers. The water district closely monitors groundwater conditions, and found that groundwater levels approached subsidence thresholds in several monitoring wells in 2014. Since February 2014, the district has had a standing call for 20 percent water use reductions over 2013 usage levels, and between February and December 2014, water use was reduced by 13 percent. The board hopes the call for a 30 percent reduction, as well as the limits on watering, drive home the significance of the drought and spur even more cooperation from local water providers as well as residents and businesses. The water district, as a water wholesaler for most of Santa Clara County, calls for local water providers, including municipal water utilities and investor-owned utilities, to implement whatever mandatory measures are necessary to reach the 30 percent target in their service area. The district will encourage local water providers to adopt specific water use restrictions that are as consistent as possible, throughout the county. Timothy S. Guster, vice president and general counsel for Great Oaks Water Company, said, “Great Oaks Water Company joins with the State Water Board and the Santa Clara Valley Water District in calling for a reduction in outdoor watering of lawns and landscapes to no more than two days per week. Beginning immediately, Great Oaks is including 2013 water use information on our customers’ bills, along with their percentage reduction in water use, so they can see for themselves if they are meeting the District’s goal of a 30% reduction.” The efforts of those who have conserved have not gone unnoticed. The board recognized two new Water Saving Heroes, Cinnabar Hills Golf Club and The Villages, at the meeting Tuesday night, and has a program to commend those who have done a good job of saving water since the district board called for 20 percent reductions in water use in February 2014. The district offers assistance to those looking to make more changes to save water, through a variety of rebates for homes and businesses. Over the past year, the water district has taken aggressive actions and invested approximately $25 million to respond to the drought, including increasing water conservation rebates, expanding drought awareness outreach, hiring water waste inspectors, improving recharge ponds and other facilities to boost performance, and improving water use efficiency at its own facilities. Last night, the board also voted to extend increased water conservation rebates another six months, until the end of 2015. The district is also pursuing other measures to deal with the drought, including purchasing additional water from outside our region, bringing back water the district has stored in an underground aquifer near Bakersfield, and expanding local drought-proof supplies of recycled and purified water that could be used for potable use. The Santa Clara Valley Water District manages an integrated water resources system that includes the supply of clean, safe water, flood protection and stewardship of streams on behalf of Santa Clara County's 1.8 million residents. The district effectively manages 10 dams and surface water reservoirs, three water treatment plants, an advanced recycled water purification center, a state-of-the-art water quality laboratory, nearly 400 acres of groundwater recharge ponds and more than 275 miles of streams. We provide wholesale water and groundwater management services to local municipalities and private water retailers who deliver drinking water directly to homes and businesses in Santa Clara County. Santa Clara Valley Water District Page 1 of 1District calls for 30% conservation, lawn watering 2 days a week - Santa Clara Valley Wa... 10/12/2016http://valleywater.org/EkContent.aspx?id=12380&print=yes 152 > District board calls for 20% conservation District board calls for 20% conservation Contact: Marty Grimes Office: 408-630-2881 Mobile: 408-681-9265 June 14, 2016 Based on local conditions, the drought is not over SAN JOSE—The Santa Clara Valley Water District Board of Directors lowered its water use reduction target to 20 percent at its meeting Tuesday, but emphasized that residents should continue their efforts to conserve in this ongoing drought. In 2015, the fourth year of drought, the water district board of directors called for residents to reduce water use by 30 percent over the amount they used in 2013. In November 2015, the board extended that call to June 2016. This past winter’s rains were beneficial, helping fill some surface water reservoirs, increase our allocation of imported water and improve our local groundwater conditions. However, we still have a way to go before we reach normal conditions, particularly in relation to groundwater supplies. While water saving measures must continue for our water supplies to recover fully, the board has set a lower water use reduction target in light of the improvements this winter. “We are still in a drought. We don’t know if next year is going to be another dry year. Four years of drought is not erased by one year of decent rain,” Board Chair Barbara Keegan said. “Sometimes the public can feel a certain sense of conservation fatigue,” added Keegan. “The public recognizes we’re still in the drought. We’re talking about a relatively modest reduction [from 30 percent to 20 percent].” The target is based on local water conditions, including our groundwater storage, as well as expected imported water supplies, which will be larger this year than last. If county water users achieve a savings of 20 percent in 2016, it is estimated that groundwater storage will improve but still fall short of a “normal range.” Last year, Santa Clara County water users achieved 27 percent savings over the course of the year. In 2016, water savings have continued at the same rate, with cumulative savings of 27 percent through April. “I do really appreciate, and I’m sure the rest of the board does as well, how wonderfully the community has stepped up to meet our request for conservation. We have really had an outstanding response,” Keegan said. The board also called for local water providers to continue to institute mandatory measures, as needed, to reach the 20 percent target, and called for restrictions on watering schedules to a maximum of three times a week, up from the two day a week schedule most areas of the county have had in place since the spring of 2015. The water district offers a variety of programs and rebates to help residents and businesses save water in the long term, including a popular landscape rebate program and a free home water audit program called Water Wise House Calls. The board agenda item can be found here. The Santa Clara Valley Water District, with a history dating back to 1929, manages an integrated water resources system that includes the supply of clean, safe water, flood protection and stewardship of streams on behalf of Santa Clara County’s 1.9 million residents. The district effectively manages 10 dams and surface water reservoirs, three water treatment plants, an advanced recycled water purification center, a state-of-the-art water quality laboratory, and nearly 400 acres of groundwater recharge ponds, providing wholesale water and groundwater management services to local municipalities and private water retailers who deliver drinking water to homes and businesses. The water district is the flood control agency for Santa Clara County, annually preparing creeks for winter rains through levee maintenance, sediment removal, bank repair and vegetation management. We have invested more than $1 billion in flood protection efforts to protect nearly 100,000 parcels with many more projects planned. Santa Clara Valley Water District Page 1 of 1District board calls for 20% conservation - Santa Clara Valley Water District 10/12/2016http://www.valleywater.org/EkContent.aspx?id=14253&print=yes 153 Attachment E PUC Resolution W-5074 154 PROPOSED RESOLUTION Resolution W-5074 DWA Agenda ID #14610 Rev. 2 Item #18 158841485 PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA DIVISION OF WATER AND AUDITS RESOLUTION W-5074 Water and Sewer Advisory Branch February 25, 2016 R E S O L U T I O N (RES. W-5074). APPEALS OF THE DIVISION OF WATER AND AUDITS DISPOSITIONS OF VARIOUS ADVICE LETTERS UPDATING RULE 14.1 AND ADOPTING SCHEDULE 14.1 FOR CALIFORNIA-AMERICAN WATER COMPANY, CALIFORNIA WATER SERVICES COMPANY, GOLDEN STATE WATER COMPANY, AND SAN JOSE WATER COMPANY. SUMMARY The Division of Water and Audits (DWA) approved various advice letters updating Rule 14.1 and adopting Schedule 14.1 for California-American Water Company (Cal- Am), California Water Services Company (Cal Water), Golden State Water Company (GSWC), and San Jose Water Company (SJWC) in response to mandatory water rationing pursuant to Resolutions (Res.) W-5034 and W-5041. The Office of Ratepayer Advocates (ORA) and customers of GSWC and SJWC filed appeals of DWA’s dispositions. This Resolution affirms DWA’s approval of provisions in Rule 14.1 and Schedule 14.1 that would have drought surcharges or penalties accounted for in the Water Revenue Adjustment Mechanisms of Cal-Am, Cal Water, and GSWC. The approval of these provisions is consistent with the direction and order given by Res. W -4976. 155 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 2 Further, this resolution affirms DWA’s approval of Schedule 14.1 for SJWC that includes implementation of a drought surcharge program that applies only to residential and a number of “landscape services” customers’ water use. BACKGROUND In Res. W-4976, we adopted drought procedures for water conservation and mandatory rationing which prescribe the process for establishing Tariff Rule 14.1, by which utilities can introduce voluntary conservation measures, and Schedule 14.1, which provides for mandatory rationing if voluntary measures do not yield the necessary reduction in consumption, or in circumstances of a prolonged or severe drought. The procedures are attached as Attachments A, B and C to Res. W-4976. On April 9, 2015, the Commission issued Res. W-5034 ordering water utility compliance with the State Water Resources Control Board’s (Water Board) Resolution No. 2015-0013 adopting a new 2015 emergency regulation for statewide urban water conservation and re-adopting the 2014 emergency regulation as codified in the California Code of Regulations, Title 23, Sections 863, 864, and 865. Ordering Paragraph No. 6 of Res. W-5034 ordered all Class A and B water utilities to add Schedule 14.1 to their tariffs, as soon as practicable, by filing a Tier 2 advice letter. Before either the Water Board’s Resolution 2015-0013 or the Commission’s Res. W- 5034 were in effect, Governor Edmond G. Brown Jr. issued an Executive Order B-29-15 (EO) on April 1, 2015 ordering that all of the 2014 and 2015 emergency regulations to date were to remain in full force and effect and mandating further reduction in potable 156 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 3 water use through February 28, 2016. The EO orders the Water Board and the Commission to impose restrictions on both the urban water suppliers and the investor-owned utilities to achieve a statewide 25% reduction in potable urban water use and to direct the suppliers and utilities to develop rate structures and other pricing mechanisms to maximize water conservation to achieve the 25% reduction, along with monetary penalties to the water agencies and water utilities for failure to comply. The EO directs that reductions should take into consideration the relative per capita water use of each water suppliers’/utilities’ service area such that those with high per capital use are required to achieve proportionately greater reductions than those with less use. The EO further directs urban water suppliers/utilities to develop rate structures and other pricing mechanisms, including surcharges, fees, penalties, or other mechanisms, to maximize 25% water conservation. In response to the EO, the Water Board on May 5, 2015 issued Resolution No. 2015- 0032 and the Commission on May 7, 2015 issued Res. W-5041. The Water Board’s Resolution No. 2015-0032 implements the requirements called for in the EO, including setting water use reductions based on per capita water use in each water suppliers’/utilities service area. Res. W-5041 orders all water utilities subject to Commission jurisdiction to comply with the emergency regulations adopted by the Water Board by Resolution No. 2015-0032. The Class A water utilities whose filings are the subject of this Resolution filed advice letters in compliance with Res. W-5034 and W-5041 during April, May, and June 2015. The advice letters implemented water shortage contingency plans with staged mandatory reductions and drought surcharges in addition to the water use restrictions established in earlier emergency 157 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 4 regulations by the Water Board through the establishment of Schedule 14.1 in each of their tariffs. APPEALS ORA and numerous customers from GSWC and SJWC filed timely appeals of DWA’s dispositions approving advice letters updating Rule 14.1 and adopting Schedule 14.1 for Cal-Am, Cal Water, GSWC, and SJWC. Three issues were raised in the appeals. First, ORA argues Cal-Am, Cal Water, and GSWC in their Schedule 14.1s propose to account for drought surcharge revenues as part of their Water Revenue Adjustment Mechanism (WRAM) which ORA contends is contrary to Res. W-4976 which directs that monies collected from water use violation fines be accounted for in a separate memorandum account. Second, customers claimed that SJWC’s and GSWC’s implementation of the monthly drought allotment, including SJWC’s use of average customer water usage as opposed to a customer-specific allotment, is both discriminatory and unreasonable. Third, ORA and SJWC customers raised concerns that SJWC’s implementation of its drought surcharge program, by excluding non- residential customers, is unreasonable, discriminatory and preferential. DISCUSSION We will address each of the three issues on appeal below. Accounting for Drought Surcharge Revenues ORA in its appeal argues that the Schedule 14.1s for Cal-Am, Cal Water,, and GSWC indicate that all monies collected by the utility for water use violations of drought 158 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 5 allotments through implementation of surcharges would be booked to the Water Revenue Adjustment Mechanism (WRAM) in noncompliance with Commission Res. W-4976, more specifically Attachment A to Res. W-4976. Attachment A to Res. 4976 at pg. 9, Paragraph No. 24 , provides that “All monies collected by the utility through water use violation fines shall not be accounted for as income but rather booked to a memorandum account to offset authorized expenses incurred and lost revenues from reduced sales due to conservation or rationing”. This section goes on to explain that utility expenses incurred by a utility to activate both Rule 14.1 voluntary conservation and Schedule 14.1 mandatory rationing efforts not considered in a General Rate Case or other proceeding, shall be recoverable by a utility if determined to be reasonable by the Commission. Further, Res. W-4976 provides that these monies shall be accumulated by the utility in a separate memorandum account for disposition as directed or authorized from time to time by the Commission. Quoting from Attachment A, ORA argues that Cal-AM, Cal Water, and GSWC in their Schedule 14.1s incorrectly propose to account for drought surcharge revenues as part of their WRAMs. ORA contends that surcharges should be held separately from existing WRAM accounts. In response to ORA, Cal Water argues that Res. W-4976 does not require that surcharges be tracked in a memorandum account, and that there is a distinction between the surcharges which are applied to volumetric water usage and fines. Cal Water explains that surcharges are volumetric related revenues, while fines result from water use violations. Cal Am in its response on the same issue contends that Attachment A, p. 8, describes water use infractions that may consist of fines. Similar 159 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 6 to Cal Water, Cal Am explains that there is a second category which includes surcharges for exceeding volumetric allotment, and these surcharges may be booked into the WRAM. The uncertainty of whether surcharges can be included in WRAMs or must be included in memorandum accounts is not particularly well defined by the language in Res. W-4976, Attachment A. Valid arguments support accounting for surcharge revenues in WRAMs as volumetric related revenues or as a fine in a memorandum account. It is noted that while accounting for surcharge revenues in a memorandum account allows for future review of reasonableness, the WRAMs are also reviewed for reasonableness. A difference, however, is that recovery of amounts in memorandum accounts require a Tier 3 Advice Letter, while WRAM recoveries are Tier 1 advice letters. In reviewing Res. W-4976, Attachment A, paragraphs No. 35 and No. 38 address the tracking of expenses and “monies collected by the utility through water use violation fines” and “penalties collected”. In both cases Res.W-4976 directs utilities to establish memorandum accounts for recording these amounts. However, in reviewing these paragraphs, and the afore quoted Paragraph 24, as well as the remainder of Res. W-4976, the Commission finds no language that specifically prohibits including surcharge revenues in the WRAM. Surcharge revenues are accumulated as a result of customers exceeding their allotted volumetric usage. While the surcharge rates that result in surcharge revenues are significant when compared to other tariffed rates, the same is true of tiered rates for which the next higher tier is greater on a per unit or volumetric basis. It has long been established that such 160 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 7 increasing tiered rate blocks are intended to encourage conservation. In the same way, the surcharges which are applied to customer usage do not prohibit the use of water, but instead act to encourage conservation of water which is the goal of Res. W-4976. However, there are specific uses of water which are prohibited. These prohibited uses are fully discussed in Res. W-5000, and these prohibited uses can result in violations and accordingly are subject to potential fines. These fines should be booked to appropriate memorandum account. Therefore, the Commission clarifies that any fines due to violations as described in Res. W-5000 should be accounted for in an appropriate memorandum account, while drought surcharge revenues which result from revenues collected due to usage that exceeds an allowable quantity may be charged to either an appropriate memorandum account, or credited to the established WRAM account . Implementation of Residential Monthly Drought Allotment Two hundred and twenty customers filed timely appeals to DWA’s disposition of SJWC’s implementation of the monthly drought allotments for residential customers as provided for in Schedule 14.1. In addition, two customers filed timely appeals to DWA’s disposition of GSWC’s implementation of the monthly drought allotments. Issues raised in the appeals ranged from the impacts the drought allotments have in specific circumstances to the size of the required water reductions underlying the allotments and the criteria used for calculating drought allotments. Customer concerns with the impact drought allotments have are specific to individual customer circumstances and are not an appropriate matter for a Commission review of DWA’s disposition of advice letters authorizing the establishment of Schedule 14.1 for SJWC 161 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 8 and GSWC. Schedule 14.1 provides a procedure for customers seeking an allotment variance request if the designated allotment would create either an undue customer hardship or an unjust or unreasonable result. Customers need to first seek an adjustment to their allotment through a written request to the utility. The utility shall reply in writing to all such requests. If the customer disagrees with the utilit y’s disposition, the customer has the right to file a formal complaint with the Commission. As such, allotment appeals based on individual circumstances are denied without prejudice for customers to pursue these matters under the procedure provided for in Schedule 14.1 Appeals addressing concerns with the size of the mandatory water reductions that underlie customer allotments are also denied. The mandatory reductions ordered by the Water Board are based on average per capita historic water use in each of the utilities’ service areas in order to achieve a 25% reduction on a state-wide basis as ordered in the Governor’s April 1, 2015 EO. Higher per capita water use areas are given higher mandatory reductions, as high as 36% in some areas compared to 2013 usage. Lower per capita water use areas have lower mandatory reductions, as low as 8%. We issued Res. W-5041 requiring all urban water supplier utilities to comply with the Water Board’s mandated reductions. For SJWC, its water wholesaler, Santa Clara Valley Water District, mandated 30% reductions given local water supply conditions. This is higher than the 20% reduction called for by the Water Board for SJWC’s service area. A review of the mandated reductions implemented by GSWC and SJWC in their Schedule 14.1s are consistent with the reductions ordered by the Water Board and the Santa Clara Valley Water District, respectively. 162 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 9 Finally, numerous SJWC’s customers appealed DWA’s disposition approving SJWC’s Schedule 14.1 wherein all residential allotments are based on a 2013 average customer water use as opposed to using individual customer 2013 water use as proposed by some utilities. Customers with above-average use would be forced to reduce their water consumption by more than 30% to fall within the residential allotment plan and thus avoid paying a drought surcharge for excess water use. Customers with average or below-average water use would need to reduce their water consumption by 30% or less to avoid paying a drought surcharge for excess water use. No one water allotment is either perfect or fair for all customers. All have characteristics that can be either recommended or criticized. SJWC was not alone in proposing an allotment based on 2013 average customer use. It is true that customers with above-average water use will be responsible for larger water use reductions compared to below-average water users. This is not dissimilar from the Governor’s April 1, 2015 EO and the Water Board’s implementation of mandatory water use reductions based on per capita use where larger water users are responsible for larger reductions in water use. We do not find SJWC’s allotment determination based on historic average customer usage to be either unreasonable or unduly discriminatory when combined with the provision in Schedule 14.1 that provides customers the ability to request an allotment variance in circumstances where an average customer allotment would create either an undue customer hardship or an unjust or unreasonable result. Further, a customer has the right to file a complaint with the Commission if she disagrees with the utility’s disposition of her variance request. Given that the variance request procedure 163 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 10 protects against an unreasonable result arising from the implementation of an average customer allotment, we find that SJWC’s residential allotment system to be a reasonable approach to implementing the Water Board’s mandatory water reductions, and deny the appeals on this issue. SJWC’s Implementation of its Drought Surcharge Program ORA and various SJWC customers appealed DWA’s disposition approving SJWC’s Schedule 14.1 wherein SJWC excluded non-residential customers from an assessment of drought surcharges. ORA cites to Cal. Public Utilities Code § 728 for the proposition that the Commission shall determine and establish rates that are just and reasonable and fix rates that are discriminatory or preferential. We will examine this claim below. Neither the Governor’s April 1, 2015 EO nor the Water Board’s implementation of the EO directs water providers on the specific means to accomplish the required 25% water use reduction. While Res. 5034, Ordering Paragraph 9, directs water utilities to include restrictions on water use for the top residential, commercial and industrial users, SJWC points out that the Water Board stated that “there are no specific water use reduction targets for commercial, industrial, and institutional users served by urban and all water suppliers. Water suppliers will decide how to meet their conservation standard through reductions from both residential and non-residential users. Water suppliers are encouraged to look at their commercial, institutional and 164 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 11 industrial properties that irrigate outdoor ornamental landscapers with potable water for potential conservation savings.1” While non-residential customers are responsible for approximately 40% of water use for SJWC, residential customers use 60%. Based on historic sales figures reported in SJWC’s current general rate case, A.15-01-002, the percentage split between residential and non-residential customers at 60%/40% has remained quite constant since 2010. Thus it is reasonable to target the largest class of water users whose water use exceeds all of the other classes of customers combined. In determining conservation rules, SJWC and the Commission therefore have a rational basis for imposing one set of conservation rules on residential customers and another set of conservation rules on non-residential customers. Simply stated, it makes sense to achieve conservation from those customers using the greatest amount of water. The question before us is whether applying conservation rules only to residential customers and landscape service is necessarily discriminatory, and we find that it is not. COMMENTS Public Utilities Code § 311(g) (1) generally requires that resolutions be served on all parties and be subject to at least 30 days public review and comment prior to a vote of 1. 1Waterboards.ca.gov/waterrights/water issues/programs/drought/docs/emergency regulation/emergency reg fact sheet 20150428.pdf. (SJWCRresponse to Protests of SJWC’s Advice Letters Nos. 472 and 473, p. 5). 165 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 12 the Commission. Accordingly, this draft Resolution was mailed for public comment on January 22, 2016. One comment from a customer was received addressing non-residential conservation, however as explained in this resolution it is not unreasonable that conservation targets the largest class of water users which are residential customers. FINDINGS AND CONCLUSIONS 1. The Commission issued Resolution (Res.) W-4976, February 27, 2014, which adopted drought procedures for water conservation and mandatory rationing which proscribes the process of establishing Tariff Rule 14.1 and Schedule 14.1. 2. The Commission issued Resolutions W-5034 and W-5041 in response to Governor Brown’s April 1, 2015 Executive Order B-29-15 and Resolutions 2015-0013 and 2015-0032 of the California Water Resources Control Board implementing emergency drought regulations and mandatory rationing for all water suppliers, including investor-owned utilities subject to the jurisdiction of the Commission. 3. In April, May, and June of 2015 in response to Commission Res. W-5034 and W-5041, California-American Water Company, California Water Services Company, Golden State Water Company, and San Jose Water Company filed Tier 2 advice letters to amend Tariff Rule 14.1 and establish Tariff Schedule 14.1 to implement water shortage contingency plans with staged mandatory water reductions and drought surcharges. 166 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 13 4. The Division of Water and Audits (DWA) issued dispositions for Tier 2 advice letters approving the proposed water shortage contingency plans with staged mandatory water reductions and drought surcharges added to utility tariffs as Schedule 14.1 for California-American Water Company, California Water Services Company, Golden State Water Company, and San Jose Water Company. 5. Timely appeals to the DWA’s dispositions were filed by the Office of Ratepayer Advocates (ORA), 220 customers of San Jose Water Company, and two customers of Golden State Water Company. 6. California American Water Company, California Water Services Company, and Golden State Water Company include in each of their Schedule 14.1 a statement indicating that drought surcharge revenues will be booked in their Water Revenue Adjustment Mechanism (WRAM) balancing account. 7. Res. W-4976 adopted drought procedures for water conservation and mandatory rationing. The procedures shown in Attachment A at paragraph No. 24 state that all monies collected by the utility through water use violations fines shall not be accounted for as income but be booked to a memorandum account. 8. The procedures shown in Attachment A to Resolution W-4976 at paragraph No. 35 include the tracking of drought-related expenses accrued and monies collected through water use violation fines. 167 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 14 9. Paragraph No. 38 of Attachment A to Resolution W-4976 requires utilities with WRAM balancing accounts to file for the establishment of a separate memorandum account to track drought related expenses accrued and penalties collected, but does not define penalties. 10. Resolution W-4976 does not prohibit the booking of surcharges to existing WRAM accounts. 11. Surcharge revenues which result from revenues collected due to usage that exceeds an allowable quantity may be charged to either an appropriate memorandum account, or credited to the established Water Revenue Adjustment Mechanism account. 12. Fines resulting from penalties due to prohibited uses of water should be booked to an appropriate memorandum account. 13. Schedule 14.1 provides a procedure for customers seeking an allotment variance request if the designated allotment would create either an undue customer hardship or an unjust or unreasonable result. 14. Customer concerns with the impact that drought allotments have in specific customer circumstances are not an appropriate matter for a Commission review of DWA’s disposition of advice letters authorizing the establishment of Schedule 14.1 for Golden State Water Company and San Jose Water Company. 168 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 15 15. Customer appeals of the impact of the drought allotments in specific circumstances should be denied without prejudice to pursue these matters consistent with the Schedule 14.1 procedures for requesting an allotment variance. 16. The mandated water use reductions implemented by Golden State Water Company and San Jose Water Company in their Schedule 14.1s are consistent with the reductions ordered by the California Water Resources Control Board and the Santa Clara Valley Water District, respectively. 17. San Jose Water Company’s implementation of the residential drought allotment is based on historic average customer use. 18. San Jose Water Company’s customers whose water use is above average will require greater reductions in water use for consumption to be within the allotment and avoid having to pay drought surcharges. 19. Governor Brown’s April 1, 2015 Executive Order B-29-15 ordered the State Water Resources Control Board (Water Board) to impose restriction on water use to achieve a statewide 25% reduction compared to the amount of water used in 2013. The restrictions should consider the relative per capita water usage of each water suppliers’ service area, and require that those areas with high per capita use achieve proportionally greater reductions than those with low use. 20. The Water Board’s implementation of the Governor’s Executive Order B-29-15 on water suppliers in Resolution 2015-0032 is based on per capita use. 169 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 16 21. San Jose Water Company’s residential drought allotment is not dissimilar from Executive Order B-29-15 and Water Board’s Resolution 2015-0032 implementing mandatory water use reductions based on per capita use where larger water users are responsible for larger reductions in water use. 22. San Jose Water Company’s allotment determination based on historic aver age customer usage is neither unreasonable nor unduly discriminatory when combined with the provision in Schedule 14.1 that provides customers the ability to request an allotment variance in circumstances where an average customer allotment would create either an undue customer hardship or an unjust or unreasonable result. 23. Customer appeals of San Jose Water Company’s historic average customer water use in establishing residential drought allotments should be denied. 24. San Jose Water Company’s Schedule 14.1 excludes non-residential customers from having to pay drought surcharges. 25. Residential customers are responsible for approximately 60% of annual water sales, and non-residential customers are responsible for approximately 40% of annual water sales for San Jose Water Company. This percentage has remained relatively constant since 2010. 26. The Water Board stated that there are no specific water use reduction targets for commercial industrial or institutional users served by urban water suppliers. 170 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 17 27. The appeals of the Office of Ratepayer Advocates and San Jose Water Company’s customers on the issue of the exclusion of non-residential customers from a drought surcharge should be denied 171 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 18 THEREFORE, IT IS ORDERED THAT: 1. The appeals of the Division of Water and Audits disposition of various advice letters updating Rule 14.1 and Adopting Schedule 14.1 for California-American Water Company, California Water Services Company, Golden State Water Company, and San Jose Water Company are denied. This Resolution is effective today. I certify that the foregoing Resolution was duly introduced, passed, and adopted at a conference of the Public Utilities Commission of the State of California held on February 25, 2016; the following Commissioners voting favorably thereon: TIMOTHY J. SULLIVAN Executive Director 172 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 CERTIFICATE OF SERVICE I certify that I have by either electronic mail or postal mail, this day, served a true copy of Proposed Resolution No. W-5074 on all parties in these filings or their attorneys as shown on the attached lists. Dated January 22, 2016 at San Francisco, California. /s/ JENNIFER PEREZ Jennifer Perez Parties should notify the Division of Water and Audits, Fourth Floor, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, CA 94102, of any change of address to ensure that they continue to receive documents. You must indicate the Resolution number on which your name appears. 173 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 SERVICE LIST Jeffrey T Linam Director – Rates & Regulation California-American Water Company 4701 Beloit Dr. Sacramento, CA 95838-2434 Darin T. Duncan Manager of Rates California Water Service Company 1720 North First St. San Jose, CA 95112-4598 Ronald K. Moore Senior Regulatory Analyst Golden State Water Company 630 East Foothill Blvd. San Dimas, CA 91773 Regulatory Affairs San Jose Water Company 110 West Taylor Street San Jose, CA 95156 Office of Ratepayer Advocates ora@cpuc.ca.gov Lisa Bilir Lisa.Bilir@cpuc.ca.gov Adrian Breckel adriankbreckel@gmail.com Alejandro Landeros landeros55@gmail.com Alexandra Taratutin alextara19@gmail.com Alma D'Epiro amd.psd@att.net Alan and Meg Giberson amgibr-pubs@yahoo.com Andrea McDonald christine@andreamcdonald.com Anne Lopez alopezkeri@gmail.com Ashton Nguyen fakejules@yahoo.com Aurelia Sanchez aureliasanchez@comcast.net Barry Page bpage43850@aol.com Bich Nguyen bnguyen@innomachcorp.com Bill Johnson papaandmamaj@yahoo.com Blythe Collier collie@pobox.com Brenda Viglienzoni brenda.viglienzoni@gmail.com Brenna Bumb brenna.eileen.sings@gmail.com Brian Smith brs4src@yahoo.com Bruce Overoye overoye@pacbell.net Bryon Anderson byronanderson@comcast.net Camelot Thompson toyotagirl@live.com Carla Dickerson Dickerson.hockey@sbcglobal.net Carla Gunnels carlaray123@yahoo.com Carol Valentine ccvalentine24@yahoo.com Carolyn Keck carolynk@acdsoft.com Catherine Montressor kate@montressor.com Catherine Rios fdan95122@yahoo.com Cecely A. Barneson cecely@gmail.com Chris Carvalho chrisatprestige@aol.com Christina Nguyen nguyenvchristina@gmail.com Christine Grenier christinegrenier@comcast.net Dan Thach dan.thach@gmail.com Daniel Breen donal.breen@gmail.com Daniel Flores cat.rios@sbcglobal.net Daniel Ruelas ruelas408@yahoo.com Darlene Vales dvales@ymail.com Dave Leone dtahoe@pacbell.net David Barber davidsbarber@gmail.com David Berz dave@berznet.com David Eisbach deisbach@sbcglobal.net 174 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 Dayne Taylor daynecarol@yahoo.com Denise Stephens denise_stephens@comcast.net Dennis Mozingo dennis112@bravobravo.com Derrol Blanchard derrol.blanchard@att.net Diane Vargas dyzanne1@yahoo.com Dilia Rubio-Silva diliar_silva@sbcglobal.net Dina Pereira diniscamping@aol.com Don Patterson pattersoni@aol.com Donald Prolo djprolo@yahoo.com Donna Lynch dlophus@msn.com Donna Morales hamdjm63@gmail.com Dylan Nguyen fakejules@yahoo.com Edward Hodges ehodges1@earthlink.net Eileen Parks eparks@restatelady.com Elaine Knoernschild elaineknoernschild@gmail.com Eloise Uvalles elle.uvalles@yahoo.com Eugene Cisneros elc@minresco.com Evgenii Puchkaryov dreamlands@hotmail.com Frank Chavez frankchavez@earthlink.net George garoupe@comcast.net Gary Rauh gary@lifestyleprop.com Gary Zollweg gary.zollweg@comcast.net Harold Morales harolddonna63@yahoo.com Heladio Gonzales h.gonz61@gmail.com Helen Garza garzah@att.net Douglas B Helmuth douglas.b.helmuth@lmco.com Huong Trinh httrinh53@gmail.com Huy Nguyen huynguyensj@yahoo.com J F & Laurel Renish renish@earthlink.net J. Manuel Herrera jmanuelherrera@aol.com Jacquelyn B Hall jackiebhall@comcast.net James D'Amico sjcp@att.net James Hunter j88hunter882@gmail.com Jane Mellin jane.mellin@gmail.com Janet Akin jakin1500@aol.com Jason Kirby jason.kirby1@gmail.com Jay Ward jay@thewards.net Jeanette Kaliska jkaliska@comcast.net Jeanne Labozetta laborobo@sonic.net Jeekang Leong snell.leong@gmail.com Jeff Senigaglia jsenigaglia@htins.com Jennifer Hall Thornton jhallthornton@mac.com Jennifer Johnson sharkfansj@comcast.net Jeremy Carter Bajarobster@gmail.com Jessalyn Nguyen fakejules@yahoo.com Jim Frizzell jim@frizzellweb.com Jim Valliant jim@valliant.org Joe Zertuche surphinjoe@yahoo.com 175 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 Joseph Guglielmi jmg001@mindspring.com John Gallo galloj2000@yahoo.com John Lundell johnhlundell@gmail.com John Murphy jrmurphy8@gmail.com Jordan Opet opet21@gmail.com Joseph Proctor joproctor@sbcglobal.net Joyce I. Montfort mom@justinwinokur.com Juan Carrillo carrillojuanc@comcast.net Juan Estrada itsjuanestrada@gmail.com Judy Hui tingmao@hotmail.com Julie Low julie@julielow.com Julie Martinez jmartinez@pobox.com Kaaren Powers kpowers101@sbcglobal.net Karen Eul karneul@gmail.com Katherine Thorn katethorn@comcast.net Kathie Faupel grandmakathie@hotmail.com Kathy Luu kluu2000@yahoo.com Kimberley Erwin kerwin0959@comcast.net Larry Lathrop prancer128@gmail.com Leticia Gordon letmeb7@live.com Liang Fang lfang@gmail.com Lilia Cortes triceratopsss@gmail.com Lilia Pantoja sisterlilu@gmail.com Linnea Emery linneaemery@yahoo.com Lisa Breen lisa.breen@gmail.com Lisa Riggs lisariggs11@gmail.com Lori Deal yadealone@yahoo.com Louise Krasnow teacherforever21@comcast.net Lucienne Klopper laklopper@gmail.com Lupe Friaz lufriaz@att.net Malcolm Thompson malcolm@mjt.bz Marie Moore moore71@mac.com Marielena Padilla padilmar@yahoo.com Mark Barton arboriginal@gmail.com Mary Von Till bvontill@gmail.com Masse Riser laurenvodrop@gmail.com Mayura Jayam mayura.jayam@gmail.com Michael Dean Gokey mdgokey@yahoo.com Michael Diaz mikey663@sbcglobal.net Michael Wright michael@michaeljwright.com Michael Yamamura mike.yamamura@gmail.com Michelle Klink mrklink5470@sbcglobal.net Mike Warfield mjwarfield@comcast.net Mildred Wright milliwright@yahoo.com Monica Thomas 1014.monica@gmail.com Noel-Ann Carpenter noel.carpenter@gmail.com Olivia Aquino jennyoestrada@gmail.com Pamela Blanchard electrasrotties@juno.com 176 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 Pankaj Mayor pankajmayor@gmail.com Patricia Brett patricia_brett1@yahoo.com Patricia Stapleton trish.stapleton84@gmail.com Paul Krug akedit@ix.netcom.com Paul T Perry saab97racer@yahoo.com Paul Zuniga pz1@pacbell.net Paulette Codipilly 6boys4me@comcast.net Peter Le letpeter@gmail.com Peter Poon yoyopp@yahoo.com Peter Richert peterich@sbcglobal.net Philip Sansone philip.s.sansone@gmail.com Polina Spivak polina@eeeyore.com Michael and Isabel Schneider zapperms@gmail.com Dale Warner dale@dalewarner.com Diane Vargas dyzanne1@yahoo.com Carla Dickerson Dickerson.hockey@sbcglobal.net Rachel Witmeyer rachel.witmeyer@gmail.com Randy Tragni r.tragni@prodigy.net Ray Maglalang Raymag@prodigy.net Renee McLaughlin re.mclaughlin@yahoo.com Richard Anthony Boyce raboyce1071@gmail.com Richard Galli rgalli@sbcglobal.net Richard Kidd rakidd@quixnet.net Richard Nieset richnieset@gmail.com Richard Paquette rcpaquette@arc-lamps.com Rita Bonasera rita.bonasera@icloud.com Roba Abushaaban rabushaaban@yaho.com Robert Eagleton res0cq99@verizon.net Robert Sippel sippel@pacbell.net Ron Beck ronpbeck@gmail.com Rongxuan Ye rongxuanye@gmail.com Rose Hernandez busylady20056@yahoo.com Run Yu run@hawaii.edu Russ and Kathy Parker rparker808@comcast.net Ryan Mclaughlin rmc217@gmail.com Sally Cihos sbcihos@aol.com Sally Cole-Zakareckis p.bug@comcast.net Sam Sheng samforwork@yahoo.com Sandra Carvalho sandralouisecarvalho@yahoo.co m Sangeeta Srivastava sangi2607@gmail.com Sanjay Gupta sanjaykg@gmail.com Sankaran Suresh shompens@gmail.com Sara Langton s-langton@sbcglobal.net Scott Martin singletrackdad@gmail.com Shahnawaz Saigal swsaigal@hotmail.com Shari Levitt levittshari@gmail.com Fred and Sharon Andres seandres@sbcglobal.net Sheila Perry sheilaperry64@hotmail.com 177 PROPOSED RESOLUTION Resolution W-5074 DWA February 25, 2016 Rev. 2 Shelley Core snickwit@hotmail.com Steve Chazin chazin@me.com Steve Lapinski stephen.lapinski@gmail.com Susan Meacham susan@ifrmarketing.com Susie Barton bartonsusie@yahoo.com Swee Chong lcbizsys1@yahoo.com Tammy Nguyen tammynguyen@sbcglobal.net Thao Vo laurenvo@gmail.com Theo Klopper thklopper@gmail.com Theresa Petredis teripterip@gmail.com Thomas Parks rasmus100twp@gmail.com Tracy Terada tracyterada@gmail.com Trang Vo trangvo@sbcglobal.net Uladzislau Sharanhovich vlad.sharanhovich@gmail.com V Stark vstark@gmail.com Valeria Barbour paris6267@sbcglobal.net Venkat Sriram sriram.ram@comcast.net Vincent Baxter vnb@baxter95128.com Vivian Fox vivianfox@me.com Volha Sharanhovich olga.sharanhovich@gmail.com Wade Meyercord wmeyercord2@gmail.com Wei Zhang zhang000@gmail.com William Blockie wblockie@sbcglobal.net William C Hersh wchersh@prodigy.net William Carpenter wg.carpenter@gmail.com Wolfram Schneider wolfram.schneider@maximinteg rated.com Xochi Martinez xochikm@gmail.com Yen-Yu Chen yyc211@gmail.com Ylva smith ylva@dhins.com Robert Eagleton res0cq99@verizon.net Jason Frand jason.frand@anderson.ucla.edu Anil Mehta anilm@cox.net Shiuh-Kai Lee and Shu-yin Wei sk337.ca@gmail.com 178 Attachment F SJWC Drought Allocations and Surcharges SJWC Residential Customer Drought Allocations Month 2013 Average Monthly Residential Usage (ccf1) June 15, 2015 – June 30, 2016 Monthly Drought Allocation (ccf) (70% Average Monthly Residential Usage) Effective July 1, 2016 Monthly Drought Allocation (ccf) (80% Average Monthly Residential Usage) Jan 10 9 9 Feb 9 9 9 Mar 9 9 9 Apr 11 9 9 May 14 10 12 Jun 16 11 13 Jul 19 13 16 Aug 19 13 16 Sep 19 13 16 Oct 17 12 14 Nov 17 12 14 Dec 14 10 12 SJWC Drought Surcharges Surcharge (per ccf) Drought Surcharge 1 Excess consumption over Monthly Drought Allocation up to the 2013 Average Monthly Usage $3.5634 Drought Surcharge 2 Excess consumption over the 2013 Average Monthly Usage $7.1268 824492.10 1 “ccf” means centum cubic feet. One ccf represents 100 cubic feet of water. This is equivalent to 748 gallons. 179 Supplemental Attachments to Agenda Item: San Jose Water Company Rate Review Procedures and City Authority to Regulate Page 1 of 1 CITY OF SARATOGA Memorandum To: Mayor Cappello & Members of the Saratoga City Council From: Crystal Bothelio Date: October 19, 2016 Subject: Supplemental Attachments to Agenda Item: San Jose Water Company Rate Review Procedures and City Authority to Regulate In addition to the attachments noted in the staff report on the agenda item, San Jose Water Company Rate Review Procedures and City Authority to Regulate, the City received the attached Comparison of San Jose Water Company Bills from a member of the public and correspondence from San Jose Water Company. 180 181 182 183 184 185 186 187 188 189 190 1 Crystal Bothelio From:Tang, John <john.tang@sjwater.com> Sent:Thursday, October 13, 2016 7:46 AM To:Crystal Bothelio; Debbie Bretschneider; James Lindsay; John Cherbone; Howard Miller; Emily Lo; Rishi Kumar; Manny Cappello; Mary-Lynne Bernald Subject:Response to Rita Benton Dear Saratoga Mayor, Councilmembers, and Staff,    You may have received a recent communication from Ms. Rita Benton from Saratoga in regards to water rates.  SJWC  has communicated with Ms. Benton on several occasions to explain her bill, water rates, and current drought  restrictions.  Unfortunately, we were not able to address all of her concerns.      The water rates she cites are not accurate and we believe her frustration is directed at our drought surcharge program  which places a greater conservation responsibility on those who consume the most water.    With regards to the water bills, a number of factors that occurred over a very short period may be responsible for the  unusual bills some customers are seeing.  These factors included:     The California Public Utilities Commission (CPUC) approved an 8.6% rate increase on June 14, 2016. This increase  went into effect immediately.   Because the CPUC’s rate increase would ordinarily have taken effect on January 1, 2016 (there was a delay in the  approval), the June 14 approval was retroactive to January 1, 2016. As a result, the CPUC authorized a surcharge,  equivalent to a 3% increase for the average customer using 15 units of water, to cover the retroactive portion  (January 1 through June 14, 2016). This retroactive surcharge will remain on the bills for approximately 12  months or until July 2017, after which it will be removed.   The Board of Directors of the Santa Clara Valley Water District approved an increase of 19.9% on the water it  sells to retailers, including San Jose Water Company (SJWC). This wholesale water rate increase, effective July 1,  2016, translates into a 6.8% pass‐through increase for our customers.   Water usage typically increases in the summer months due to outdoor irrigation resulting in higher water bills.   Although the Santa Clara Valley Water District’s conservation target has been reduced from 30% to 20%, SJWC is  still operating under the drought contingency plan in which residential customers must remain at or below their  monthly allocations in order to avoid drought surcharges.     The combined rate increases total approximately 20%. If a customer’s usage has remained the same compared to the  same billing period a year ago, then they can expect to see an increase of approximately 20%.  If their water usage has  increased, it may be likely that surcharges are adding to the total reflected.    SJWC’s rates are set by the CPUC through a very comprehensive 12‐18 month long review process to arrive at just and  reasonable rates.  Input from the Office of Ratepayer Advocates and public is considered in their final decision.    SJWC’s water system is turning 150 years old in 2016.  We face the same challenges as other utilities in terms of the  need to replace infrastructure.  The nation’s water utility industry was assessed a “D” grade by the American Society of  Civil Engineers.  The US Environmental Protection Agency estimates that $384 billion of investments are needed, $45  billion alone in California, from 2011‐2030, to ensure water systems can continue to provide a high level of service.    Much of SJWC’s system, constructed more than 50 years ago, is approaching the end of its useful life.  We must continue  to accelerate investments rather than wait until it fails.  While these investments will increase rates, they are also critical 191 2 to ensuring safe, high quality, and reliable water service that protects public health.  Previous generations invested in  the water system and it’s now our turn to invest for our children and their children.    The drought is also impacting rates as unit rates for water will go up when conservation occurs.  This is a difficult  concept to explain and one that is even harder to accept.  Our attempt to explain this concept can be viewed at:    https://www.sjwater.com/for_your_information/education_safety/value_of_water    https://www.sjwater.com/for_your_information/education_safety/video‐library (see Rates, Conservation and the Value  of Water video)    Unfortunately, there is not good news to report on this front.  Officially, California entered a sixth year of drought on  October 1, 2016, and the conservation numbers have gone in the wrong direction since the Governor removed the  statewide conservation standard this summer.  As such, the State Water Resources Control Board is considering re‐ implementing the statewide 25% conservation standard and may do so before the end of the year.    Keeping customers informed is important to us.  Much information about the drought, rates, and other resources are  available on our website at the links below.  Our helpful Customer Service staff at 408‐279‐7900 is also ready to answer  their questions.    Please let me know if you need additional information.    Best,  John    https://www.sjwater.com/news/topic/comprehensive‐drought‐information  https://www.sjwater.com/news/topic/water‐bill‐inquiry    https://www.sjwater.com/news/topic/2016‐water‐rates‐frequently‐asked‐questions      John Tang | VP of Government Relations and Corporate Communication | San Jose Water Company | 110 West Taylor St. | San Jose, CA 95110 Email: john.tang@sjwater.com | Tel: +1 408 279-7933 | Fax: +1 408 279-7934 Important Notice: This email may contain confidential or proprietary information belonging to SJW Corp. or one of its subsidiaries. If you are not the intended recipient, the sender requests that you immediately inform him or her that you have received it and that you immediately destroy the email. Please note that the use of confidential or proprietary information when you are not the intended recipient may have legal effects. Nothing in the body of this email is intended to be an electronic signature or is intended to create a binding contract.   192 1 Crystal Bothelio From:Rita Benton <rita_benton@ymail.com> Sent:Friday, October 14, 2016 12:31 PM To:Crystal Bothelio; Debbie Bretschneider; James Lindsay; John Cherbone; Howard Miller; Emily Lo; Rishi Kumar; Manny Cappello; Mary-Lynne Bernald; jasonb@cityofcampbell.com; lizg@cityofcampbell.com; jeffc@cityofcampbell.com; michaelk@cityofcampbell.com; paulr@cityofcampbell.com; bchang@cupertino.org; svaidhyanathan@cupertino.org; rsinks@cupertino.org; dpaul@cupertino.org; bspector@losgatosca.gov; msayoc@losgatosca.gov; mjensen@losgatosca.gov; sleonardis@losgatosca.gov; rrennie@losgatosca.gov; lallan@cityofmontesereno.org; manstandig@cityofmontesereno.org; bcraig@cityofmontesereno.org; whuff@cityofmontesereno.org; ewolsheimer@cityofmontesereno.org; mayoremail@sanjoseca.gov; District1@sanjoseca.gov; District2@sanjoseca.gov; District3@sanjoseca.gov; District4@sanjoseca.gov; District5@sanjoseca.gov; pierluigi.oliverio@sanjoseca.gov; District7@sanjoseca.gov; rose.herrera@sanjoseca.gov; District9@sanjoseca.gov; District10@sanjoseca.gov Cc:John Tang Subject:Response to John Tang Dear Mayors, Councilmembers and Staff, Some of you may have received an email from John Tang titled “Response to Rita Benton”. I was not copied on this letter but because of the ever growing network of frustrated SJW customers, the email was forwarded to me and this is my response to John Tang. Once again John Tang has failed to understand the issues at hand with regard to the water bills. The frustration is NOT directed at SJW’s drought surcharge program. It is with the increased charges in other sections of the bill, the structure of the charges, the lack of transparency of the bills, and SJW Company as a whole. As I explained in my previous email, and have documentation to support my assertions, SJW is charging ALL of its customers using 15ccf/month or more a minimum of 69% more now, in 2016, compared to 2013. The extra line item fees, alone, have increased by 177% from 2013 to 2016. The increase on our bills goes up even more drastically with drought surcharge and line item fees if a customer goes over the water allocation. We understand, but do not agree, with 4 of the 5 factors John Tang says MAY be responsible for the exorbitant bills we are receiving. The one we do not understand is the first factor he references:  The CPUC approved an 8.6% rate increase on June 14, 2016. This increase went into effect immediately. The percentage increase from $3.22992 to $4.0581 for tier 1 is 25.6%. Not 8.6%. John Tang explains that to arrive at the true unit rate, you would need to add the 2013, 2014, and 2015 Groundwater and Purchased Water surcharges of wholesale water rate increases levied by the SCVWD on July 1 of every year. This adds up to approximately $0.64 per unit on top of the $3.22992. The $0.64 and the 8.6% increases still do not equal the new tier 1 rate of $4.0581. 193 2 How is it, that SJW was able to take 6 temporary SCVWD surcharges that were previously calculated as a percentage of ccf usage and turn it into a permanent tier rate? This does not make sense and has not been explained. This is but one example of the non-transparency of SJW bills. The customers were never informed that 6 surcharges were to be rolled into the quantity tier rates from the surcharge line item section of the bill, and now the customers have no way to track if and when the surcharges expire. From February 3 to September 1 of this year, there were EIGHT rate increases/surcharges added to customer water bills. All of the surcharges seem insignificant on their own with “side bar” notations on our bills stating we would see a $2.75, or $2.16 or $6.34 increases, but add up to a large percentage increase in the aggregate. Why is it that other utilities are facing the same challenges in terms of the need to replace infrastructure, yet they are not charging their customers outrageous rates? Let’s take a true look at where the accelerated investments are going. The only way to get understanding and clarity of our bills is to meet with a SJW representative who is knowledgeable with the rate structure and compare our calculations with SJW. We invite John Tang to attend such a meeting so that he can better understand our issues and see, first hand, how much our water bills have increased even when drought surcharges are excluded. Sincerely, Rita Benton 194 SARATOGA CITY COUNCIL MEETING DATE:October 19, 2016 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager SUBJECT:Neighborhood Watch Annual Grant Program RECOMMENDED ACTION: Approve Neighborhood Watch Annual Grant and authorize allocation of $15,000 from the City Council Discretionary Fund in the Fiscal Year 2016/17 Budget to the new grant program. BACKGROUND: At the September 21, 2016 City Council Meeting, the City Council considered the public safety initiative work plan and asked the Finance Committee to provide recommendations on a Neighborhood Watch grant program. During the October 13,2 016 Finance Committee meeting, the members developed a proposal for an annual grant program for registered Neighborhood Watch groups and recommended allocation of $15,000 from the Council Discretionary Fund to start the grant program this fiscal year. Through the program, registered Neighborhood Watch groups would be able to request a grant of up to $500 once per year on a first-come, first-served basis. If $15,000 is allocated to the program, grants would be available for at least 30 Neighborhood Watch groups. To receive funds, Neighborhood Watch leads would be asked to submit a simple application describing how the grant would be used. Funding would be issued to the Neighborhood Watch lead. As proposed, there would be no criteria for how grant funding may be used. Examples of how it could be used include production of neighborhood fl yers or informational materials or food and supplies for an annual gathering. After funds are expended, applicants would be asked to provide receipts to document how the grant was used. Grants would not require Council approval before being issued. However, staff would provide annual progress reports on the grant program to let the City Council know how many neighborhoods have received grants and how they have used the funding. If the program and funding are authorized, staff will open the application process and start outreach for the Neighborhood Watch Annual Grant program before the end of the calendar year. 195 FISCAL STATEMENT: The Finance Committee recommended allocating $15,000 from the Council Discretionary Fund in the Fiscal Year 2016/17 budget to the Neighborhood Watch Annual Grant Program. 196 SARATOGA CITY COUNCIL MEETING DATE:October 19, 2016 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager SUBJECT:Quarterly Communications Report RECOMMENDED ACTION: Provide direction on 2016 winter communication efforts, including the Saratogan, online survey topics, and City Video program; and receive progress report on 2016 summer and fall communications activities. BACKGROUND: The City of Saratoga uses a variety of methods to communicate with residents to ensure that the public has access to useful and important information. One of those methods is The Saratogan, the City’s quarterly newsletter, which has been published since 2008. In the last year, the City has taken advantage of digital technology to publish and market the newsletter in an effort to reach more residents. That includes the use of the Constant Contact email service and social media platforms, including Nextdoor, Facebook, and Twitter. In addition to the newsletter, email, and social media accounts, the City also started conducting surveys of residents through Peak Democracy and other online survey tools to ask residents questions on relevant topics starting in early 2016.While the City has conducted more complicated surveys (such as the survey on the Village),many of the surveys have been simple and educational in nature. Over the past few years,the City has also expanded communications into video and has produced a number of short videos on a variety of topics from capital improvement projects to public service announcements.In April 2016,the City Council allocated funding for the City Video Program and authorized staff to work with KSAR to produce the videos.Since then,staff has produced a style guide to ensure videos maintain a consistent look and feel and executed an agreement with KSAR to produce the videos. 2016 Winter Communications Every quarter,staff provides the City Council with a preview and solicits input of upcoming communications efforts,including topics for the The Saratogan,online surveys,and City videos. 197 Saratogan Staff is proposing to use the 2016/17 Winter Saratogan as the Budget-in-Brief, a practice that started with the 2015/16 Winter Saratogan. Articles to support this theme would include Budget at a Glance, information on the distribution of property tax, and a summary of select capital projects. Additionally, staff recommends including holiday safety tips, Ask Our Staff, and upcoming events. The winter issue is scheduled for publication in December. Online Surveys Staff recommends proceeding with three survey topics for winter (December through March). Proposed topics include: -Starting Neighborhood Watch: provide residents with additional information about how to start a Neighborhood Watch, the value of Neighborhood Watch, and collect best practices from established Neighborhood Watch groups -Smoking Regulations: call attention to smoking regulations in the City of Saratoga and the City’s American Lung Association Grade -Community Organizations: highlight some of the City’s community organizations, such as the Sister City Organization and KSAR City Video Program Due to staffing changes, the City Video program is behind schedule. Consequently, staff is not proposing any additional videos for the winter quarter. 2016 Summer & Fall Communications Progress Report In September, the City published the fall Saratogan (Attachment A). The newsletter was centered on the theme, State of the Art, and highlighted the many places where art can be found in Saratoga. Additionally, the newsletter included an Ask Our Staff article featuring Streets Division Manager Rick Torres, and introduction to Captain Rich Urena, upcoming events, and an article encouraging residents to report suspicious activity to 911. Four hundred hard copies were printed and made available at City Hall, Saratoga Library, Saratoga Chamber of Commerce, newspaper racks, coffee shops, and other areas in the City. Additionally, the newsletter was distributed electronically through the website, City social media accounts, and Constant Contact. In total, the newsletter was sent to over 4,000 subscribers via Constant Contact (Attachment B). As shown in the table below, the City’s number of subscribers has steadily increased over the course of the year. Additionally, there was an upward tick in the number of emails opened, but a slight decline in the number of links within the email newsletter that were opened. 198 Saratogan Constant Contact Analytics Newsletter Issue Emails Sent Total Emails Opened Percentage Emails Opened Total Links Clicked Percentage Link Clicks 2016 Winter 3,590 1,190 36%178 15% 2016 Spring 3,779 1,269 37%141 11% 2016 Summer 3,904 1,252 35%314 25% 2016 Fall 4,011 1,351 37%279 21% Since staff last reported to the City Council, the City has continued using social media as a way to reach residents. The number of people who like the City of Saratoga page continues to steadily increase. There are now 1,329 Facebook subscribers that like the City of Saratoga, up from 1,200 followers in July 2016. A Facebook post about the arrest of suspected burglars by Traffic Deputy Vicente Mitre resulted in the highest engagement and reach of any City Facebook post thus far. Almost 12,400 people saw the post in their Facebook feed, it was “Liked” by 870 people, “Loved” by 54 people, shared 36 times, and received 109 comments. Best of all, the post attracted this attention organically. While the post about Deputy Mitre was not boosted, the City continued to successfully reach community members by paying a small fee to boost posts so that they appear more frequently in the Facebook feed of subscribers who like Saratoga and their friends. The City had particular success with a boosted post on the 60th Anniversary Hometown Parade, which reached over 7,400 people and received 230 “Likes,” 14 comments, and 51 shares. In addition to communications via Facebook, the City has been using Nextdoor to share information with residents. There are currently 7,006 subscribers within the City of Saratoga Nextdoor network, which is comprised of 35 neighborhoods – some of which extend beyond City limits. The most active of the City’s neighborhoods is the Saratoga High Nextdoor group, which includes the homes between Saratoga-Sunnyvale Road, Cox Avenue, State Route 85, and Saratoga Avenue. 3,200 3,400 3,600 3,800 4,000 4,200 Emails Sent 2016 Winter 2016 Spring 2016 Summer 2016 Fall 1,100 1,200 1,300 1,400 Total Emails Opened 2016 Winter 2016 Spring 2016 Summer 2016 Fall 0 100 200 300 400 Total Links Clicked 2016 Winter 2016 Spring 2016 Summer 2016 Fall 199 Generally, information posted on the City website or Facebook page is also tailored for and posted on Nextdoor. On average, the City typically posts 2 to 3 times per week. Additionally, the City has been publishing weekly posts related to crime and safety since the summer, such as announcements about the Neighborhood Watch Joint Meeting and tips for identifying phone scams. Over the summer, a survey on City Commissions was conducted. A total of 16 people responded before the survey closed. Several participants expressed the desire for additional information about the purpose and functions of Commissions to be shared via City communication channels. The survey results are included in Attachment C. This October, the City also released a survey on fire prevention through Peak Democracy. Residents were asked 6 questions to gauge their awareness of fire safety and share information about resources. Thus far, a total of 16 people have participated in the survey, which will close at the end of the month. Several survey participants noted that the recent Loma Fire was a reminder of the risk for wildfire in Saratoga. A copy of the survey and responses received is included in Attachment C. Surveys on community events and the 2020 by 2020 Tree Planting Challenge are also planned for this fall. Due to staffing changes, the City Video Program is behind schedule. However, the agreement with KSAR to produce 10 videos has been executed and staff hopes to begin making progress on the planned videos this fall. Scheduled Videos Video Host Prospect Road Median Improvement Project Mayor Manny Cappello Overview of the Planning Commission & Public Hearing Process N/A Tree Permit Process N/A ATTACHMENTS: Attachment A – 2016 Fall Saratogan Attachment B – 2016 Fall Saratogan Constant Contact Email Attachment C – City Commission & Fire Prevention Survey Results 200 SAR ATOGANthe Fall 2016 Art can help illuminate inner thoughts, explore different cultures, and bring new meaning to the things we are familiar with. For many, enjoying art often means traveling many miles. Luckily for Saratoga residents, they don’t have to go very far to appreciate art in all its forms. Saratoga packs a lot of creativity in its 12-square miles. There are musicals, plays, concerts, author and poet laureate lectures, art shows , exhibits, and cultural events to please all tastes and interests in Saratoga. For those looking to better their craft and express their own inner creativity, there are classes, workshops, and meetings. Turn to Page 2 to read about just a few places where art can be found and appreciated, whether it be through nature, paintings, or writing. Also learn about all the programs offered by Saratoga’s Recreation Department. On Page 3, find out how art has found a “PLACE” in Saratoga. Also, take a look at a calendar of upcoming events. There’s no need to go anywhere when art is right in your backyard. State of the Art Be There! Register or renew your Neighborhood Watch and learn about crime prevention at the City Council/Neighborhood Watch Joint Meeting on October 19, 2016 at 5:30 p.m. at the Saratoga Senior Center Visit: www.saratoga.ca.us/stayingsafe Have you been a victim of a phone scam? Contact the Sheriff’s Office immediately at (408) 299-2311. Keep track of crime in your area. Visit www.crimereports.com Be notified when emergencies happen in your area. Sign up at www.sccgov.org/sites/alertscc. Quick Tip from Captain Rich Like what you’rereading? Subscribe to The Saratogan and have it sent automatically to your email account! Visit: www.saratoga.ca.us/saratogan201 Art is All Around Art takes many forms: paintings, sculptures, writing, photography, music, dancing, acting … and the list goes on. No matter what someone is into, it can be found within Saratoga. All you have to do is look around. Montalvo Arts Center Location: 15400 Montalvo Road Website: http://montalvoarts.org Montalvo Arts Center is a nonprofit dedicated to the arts, and it shows. Montalvo has sprinkled art throughout its beautiful grounds, offers art camps and classes, hosts concerts, performances, and an artists residency program. Guests can also travel the miles of hiking trails that meander through the forests adjoining the gardens to connect with nature. Saratoga Library Location: 13650 Saratoga Avenue Website: www.sccl.org/saratoga Not only is the Saratoga Library full of art made from the written word (Books!) but also features events with poet laureates, fiction and non-fiction authors, and artists of all kinds. The Library also has a revolving exhibit with new art shown each month at the entrance of the building. Hakone Gardens Location: 21000 Big Basin Way Website: www.hakone.com Explore traditional Japanese art forms through a traditional tea ceremony or Ikebana class at Hakone Gardens. Hakone Gardens also hosts a variety of festivals, like the Lunar New Year celebration, that highlight the performing arts of a variety of cultures. In addition, the garden itself is a work of art worth exploring. Saratoga Recreation Department Location: 19655 Allendale Avenue Website: www.saratoga.ca.us/recreation If you prefer creating art, then the Saratoga Recreation Department has what your family needs. There are art, cooking, writing, dancing, and music classes for children; acting classes for teens and adults; and beading, chocolate truffle making, painting, dancing, and more. 202 Place can have many meanings. It can serve as a setting, an identity, or be a simple marker on the map. Artist Steven Simon hoped to evoke thoughts of place through his artwork, PLACE. The steel plate bench is comprised of 5 separate letters, spelling the word place. The artwork was created by Simon in 2008 with the hopes that it would “get people to consider the many contexts and purposes of the word.” The piece has been at Montalvo Arts Center most recently and starting in September, the artwork will be on loan to the City of Saratoga and displayed outside the Saratoga Library. The installation coincides with the City’s 60th anniversary and celebrations of Saratoga as a place. Commemorate the unveiling of PLACE on October 27, 2016 at 4:45 p.m. at Saratoga Library. You can also read more about PLACE at montalvoarts.org/sculpture/place/ Upcoming Events Silicon Valley Turkey Trot Thursday, Nov. 24, 8 a.m. Arena Green, San Jose http://svturkeytrot.com/ Annual Tree Lighting Saturday, Nov. 26, 5:30 p.m. Saratoga Village www.saratoga.ca.us/treelighting Senior Health and Wellness Exp o Saturday, Oct. 29, 9 a.m. to 1 p . m . Joan Pisani Community Center www.sascc.org Witchy Walk-A-Bout Saturday, Oct. 29, 2 -4 p.m. Saratoga Village http://saratogavillage.info/ Art Has a Place in Saratoga Have you met Captain Rich Urena with the Santa Clara County Sheriff’s Office? As the new Captain of the West Valley Patrol Division of the Sheriff’s Office, he serves as the Police Chief within the City of Saratoga. Captain Urena has been with the Santa Clara County Sheriff’s Office for 14 years and has experience in all enforcement divisions within the Sheriff’s Office. The West Valley Division is comprised of 82 sworn personnel and 8 professional support staff. This includes: patrol, traffic enforcement, detectives, school resource officers, special enforcement, community policing, and crime analysis. The Division serves the cities of Saratoga, Cupertino, and Los Altos Hills, as well as the western unincorporated Santa Clara County. Meet Captain Rich Saratoga’s New Police Chief 203 To learn more about The Saratogan, make comments, suggest story ideas, or just ask a question, contact Crystal Bothelio at cbothelio@saratoga.ca.us or 408.868.1269. You can also find The Saratogan online and sign up for email alerts at www.saratoga.ca.us/saratogan. C I T Y o f S ARATO G A CALIFO R N I A1956 Ask Our Staff featuring Rick Torres Have a question? Send your question(s) to cbothelio@saratoga.ca.us or call (408) 868-1269. Q: I noticed the City repaving a few streets in my neighborhood. How does the City pick the streets that are repaved? A: Street maintenance is one of the most visible and important functions of a city. Roads impact most residents every day. So, I hear questions from many residents who want to know more about how the City keeps our roadways in good condition. Every year, a number of streets are selected to be repaved through the City’s Pavement Management Program. We pick these streets based on current road conditions, recommended maintenance schedules, and available funding. However, this doesn’t mean that each year we pave the roads in the worst condition. Usually, we select a few of the roads that really need attention along with roads in better condition to save money long-term. Repairing roads once they get into bad shape is very expensive, so we can afford to do a few of these roads each year. Repairing our other roads before they get too distressed extends the life of the street and ultimately saves money. To learn more about the Pavement Management Program, visit www.saratoga.ca.us/streets Rick Torres is a the Manager of the Streets Division in the Public Works Department. He oversees maintenance of the City’s roadways, including streets, lighting, signals, and storm drains. &Q A One of the greatest assets of any law enforcement agency is the community and that is no different in Saratoga. Residents know their streets and neighbors better than anyone else, making them the best at spotting unusual activity that can be associated with crimes. Individuals who immediately report suspicious behavior or observations can help the Sheriff’s Office stop and catch criminals. Every minute counts. We often hear that people have a difficult time deciding if they should call 911. Any behavior or situation that feels out of the ordinary can be reported to the Sheriff’s Office. It’s better to be overly suspicious and call in activities that turn out to be nothing than let potential crimes go unreported. Additionally, those who call in when they see something suspicious can further help by providing accurate and detailed information. Be specific in describing locations, vehicles, and people. For example, note the make, model, and color of cars and approximate height, weight, unique features, clothing, and other physical traits of people. For more information about public safety, visit www.saratoga.ca.us/stayingsafe What should I look out for? Below is just a short list of some of the activities to report to 911: • An unusual vehicle or person passing through your neighborhood more than once • A solicitor without a permit from the City • Someone going home to home, looking in through windows or inspecting the backyard • People entering a neighbor’s house while it is unoccupied • An unfamiliar car parked on your street with someone inside • Slow moving vehicle driving without lights on at night See Something Say Something! 204 1 Crystal Bothelio From:City of Saratoga <cityhall@saratoga.ca.us> Sent:Wednesday, October 12, 2016 9:31 AM To:City Clerk Subject:Read the 2016 Fall Saratogan Newsletter! Dear Neighbor, This issue of Saratoga's quarterly newsletter focuses on the state of art in Saratoga. Also read about Captain Rich Urena with the Santa Clara County Sheriff's Office, upcoming events, and how residents can help law enforcement by reporting suspicious activity. Streets Division Manager Rick Torres also explains how the City selects streets for the annual pavement management program. Read the full newsletter here: 2016 Fall Saratogan State of the Art Art can help illuminate inner thoughts, explore different cultures, and bring new meaning to the things we are familiar with. For many, enjoying art often means traveling many miles. Luckily for Saratoga residents, they don't have to go very far to 205 2 appreciate art in all its forms. Saratoga packs a lot of creativity in its 12-square miles. Read About Art in Saratoga Art has a PLACE in Saratoga Place can have many meanings. It can serve as a setting, an identity, or be a simple marker on the map. Artist Steven Simon hoped to evoke thoughts of place through his artwork, PLACE. The steel plate bench is comprised of 5 separate letters, spelling the word place. The piece is on loan by Montalvo Arts Center to the City of Saratoga and is displayed outside the Saratoga Library. The installation coincides with the City's 60th anniversary and celebrations of Saratoga as a place.Commemorate the unveiling of PLACE on October 27, 2016 at 4:45 p.m. at Saratoga Library. Learn More Around Town... Read more about how Saratoga is staying safe. SEE SOMETHING, SAY SOMETHING Calling 911 when you see something suspicious may be the key to helping local law enforcement officers catch or stop criminals. Read More MEET CAPTAIN RICH Captain Rich Urena is the new Captain of the West Valley Patrol Division of the Sheriff's Office. In this role, he serves as the Police Chief within the City of Saratoga. Read More Past Issues of The Saratogan 206 3 Read past issues of The Saratogan and catch up on everything you've been missing. Click Here Website About the City What's New Services Things to do Contact Us City of Saratoga, 13777 Fruitvale Ave, Saratoga, CA, CA 95129 SafeUnsubscribe™ {recipient's email} Forward this email | Update Profile | About our service provider Sent by cityhall@saratoga.ca.us in collaboration with Try it free today 207 CITY COMMISSION SURVEY RESULTS Did you know that the City of Saratoga has six Commissions? Which ones were you already aware of? (Choose all that apply) What do you think are a Commission’s most important responsibilities? (Choose all that apply) If you have not already volunteered for a Commission, what types of subject areas would you be most interested in? (Choose all that apply) 208 Commissioners are an important part of the City’s function in that they help address the community’s needs while giving residents the opportunity to help mold Saratoga’s future. What would entice you to volunteer on a Commission and what do you believe the City’s Commissions should be focused on? Responses: More free time. Saratoga should have an off-leash dog park within the city boundaries. I am a 25 year US Resident (not full US citizen). Your rules prevent me from serving on a commission because you require that I register to vote. California is a state that does not allow Permanent Residents to vote. I bet a lot of Saratogans are in the same situation. Encourage the true public to be involved as commissioners. It seems to be just some city elite that are appointed. You have to be part of some inner circle to even be considered. As a result, I'm not certain the commissions reflect the values of the community as a whole. To determine whether I would be interested or not, I would need to know more specifics about the various Commissions: size of the Commission, term, frequency of meetings, timing and location of meetings, issues currently facing the Commission. I believe there used to be an arts commission. I heard there was interest to re-activate it, and sorry this has not happened. I am glad to hear that Montalvo will be sharing some of their artist's works in Saratoga's public spaces - but Saratoga should reach out to others. Look what Los Altos has done. It is a thankless job unless one has higher political aspirations. The circular discussions and need to talk rather than listen without end result in very slow decision making. First, publish information about the commissions and what is required of a commission - in Saratoga News and on NextDoor.com. Second, make it easy to find information about the commissions - goals for the year, current commissioners, openings, etc. Third, highlight past contributions so we see that the commissions can be effective. Expand the charter of Traffic Safety to Public Safety or setup a new commission for this. Given the alarming number of break-ins in Saratoga, am surprised that this hasn't garnered enough attention. Already volunteered on Library and Planning Commission Homemade cookies would entice me to volunteer! They are my kryptonite. The Commissions should be focusing on bettering the lives of all people living in Saratoga. It should always be quality of life over quantity of life. I would want a better understanding of the process and the commitment required to volunteer for a commission. 209 FIRE PREVENTION SURVEY RESULTS Do you replace the batteries of your smoke detectors at least once a year? Did you know that the Saratoga Area FireSafe Council offers a free chipping program to help you maintain defensible space around your home and can do an assessment of your home to help reduce wildfire risks? Did you know that dead trees are a violation of City Code and permits to remove dead trees are free? Does your family have a home evacuation plan in the event of a fire or other disaster at your home? Does everyone in your family know and practice this plan? What steps have you taken to prevent and protect your home from fire? Responses: We have our gardeners clearing the floor of our hillside property. We also invest in keeping our trees healthy so that they are less subject to lightening fires. We have modern smoke detectors - the new building codes require 10 years between battery replacements hence the "no" in Q1. It's not that we're ignoring them :) Added smoke alarms to all bedrooms, to bring my 40-year-old house up to code. 210 Smoke detectors and steel roof Remove dry or dead plants from around the home. Basic fire prevention measures Cleared brush around house. Replaced shake roof with fireproof roof. Maintain clear space around the house. Good building and vegetation management practices. Separately, I do not think Saratoga does a good job managing for fires. They do not take a fact based approach. This results is some overly costly regulations that have the effect of reducing renovations that would make homes and the city safer. Removed all brush lower than 6' tree canopy from our hillside. Removed dead trees. Have "go- bags" pre-packed if we have to leave quickly. We never turn on the fireplace, remove dry brush in the yard, and are very conscientious about our candle use. Removed fuel from around the house, except neighbor's dead tree that is a threat. Trimming trees. Removing debris. Removing dead trees. Keeping the plants and trees in good health fire alarms and not keeping an open flame Chimneys cleaned annually, spark arrestors in place. What experiences have emphasized the importance of fire prevention and safety to you? Responses: The fire that we had in the 90"s was very scary. Growing up in Southern CA (Thousand Oaks and Escondido) my family watched annual fires destroy countless acres in the communities where we lived. In Thousand Oaks, the summer fires were spectacle...my parents and their neighbors would put their small kids on lawn chairs and we would all watch the flames come over adjacent hills. The recent Loma fire, which was SO close to Saratoga, reminded me that an out-of-control fire can happen anywhere. Just seeing the terrors of fire on TV is instructional....but we worry about trees in the creek behind us that are dead with no one doing anything about them. Whose responsibility is this? Wild fires in the areas surrounding our city. Dry climate conditions. Re question #3: We had a huge Monterey Pine which died due to pine bark beetle disease. We were stunned at the amount of red tape we had to fight with the City of Saratoga in order to get a permit to remove it. This tree had a trunk well over 4' in diameter and was several feet tall. From the city offices, you could literally walk out the door, look up in the hills, and spot this dead tree. Yet it took us over 2 months of grief before we could take it down, The arborist was on vacation, so we had to wait for the arborist to return to work so she could come see that it was indeed dead. And then we had to notify formally all of our neighbors and give them an opportunity to comment on our request to remove the tree. And on and on it went. How about a bit of common sense? This survey lacks a place for general comments, so I'll put mine here. The Oakland Hills fire was caused by a downed power line. In Saratoga there are numerous places where ancient overhead power lines run through trees. On Pierce Road they actually nailed to trees in places! This needs to be addressed ASAP. Here https://www.youtube.com/watch?v=HvRWTGqQAoA is a video of what happens when a line merely touches a tree. I understand there is a fund for under- grounding utilities. It may not hold much - I dont know - but at least spend that on the most dangerous stretches of line. 211 We live on the mountain above Saratoga. Fire is a constant worry. Loma Alta fire, and the fact that California is in a drought. We might turn into a desert type enviroment like Southern California, so we don't want to make it easier. Dead vegetation easily burns. All of the fires that are going on the fire that was near my home scared me Being in a fire on top of one of the local mountaintops (last house on Bohlman Road) in the early 80's with only well water pressure to put it out. 212 SARATOGA CITY COUNCIL MEETING DATE:October 19, 2016 DEPARTMENT:Community Development PREPARED BY:Erwin Ordoñez, Community Development Director SUBJECT:Authorize the City Manager to Engage Professional Services for Building Inspection Services and adopt Budget Adjustment RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to enter into a professional services agreement with 4LEAF, Inc. for professional building inspection services and authorize a supplemental budget allocation of $100,000 in the FY2016/17 Community Development Department budget for contract inspection services. BACKGROUND: One of three building inspectors in the Community Development Department is currently on medical leave and is not anticipated to return to work until December 2016. The department has used contract building inspectors as “backfill staffing”in response. Due to increased building permit/inspection activity and the leave noted,the FY2016/17 budget allocation for temporary inspection staffing is nearing depletion. During this period, requested inspection service turn-around times have increased from a typical next day service to approximately a two week waiting period. Our neighboring cities are also experiencing increased turn-around times because of higher levels of construction activity but are averaging approximately a one week delay. The requested supplemental budget allocation and retention of contract building inspection services allows for the continued back fill staffing with until the City’s building inspector returns from medical leave, helps reduce inspection service wait times to more acceptable service levels, and provides additional stability for inspection services by maintaining staffing capacity should the employee’s medical leave be extended or additional back fill staffing is needed for the balance of Fiscal Year 2016/17. Staff is requesting City Council approve a supplemental budget allocation of $100,000 in the FY2016/17 Building Division budget to retain additional contract inspection staffing resources, and authorize the City Manager to enter into an agreement with 4LEAF, Inc. for the provision of additional professional building inspection services.213 FISCAL STATEMENT: The FY 2016/17 Operating Budget allocates $25,000 for temporary contract building inspection services. An additional $100,000 in supplemental funding is required to maintain inspection service levels for the balance of the fiscal year (through June 30, 2017) ATTACHMENTS: Attachment A:Resolution Attachment B:4LEAF, Inc. Contract 214 RESOLUTION NO. 16-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING A BUDGET ADJUSTMENT IN THE AMOUNT OF $100,000 . . . WHEREAS, the Saratoga City Council approved of the 2016/17 Community Development Department Operating Budget with an allocation for contract temporary building inspection services; and WHEREAS, due to the unforeseen medical leave of building inspection staff and increased building permit/inspection activity, the allocation for contract temporary building inspection services is being depleted; and WHEREAS, the demand and community need for building inspection services will continue for the remainder of the fiscal year; and WHEREAS, 4LEAF, Inc. is a qualified firm for the provision of professional building inspection services; and WHEREAS, the FY2016/17 budget allocation for contact temporary building inspection services is not sufficient and additional funding is required; and NOW, THEREFORE BE IT RESOLVED,the Saratoga City Council hereby authorizes a budget adjustment of $100,000 of supplemental budget authorization for temporary contract building inspection services. EXPENDITURE: 111-4201-64173 $100,000.00 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the Nineteenth day of October 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: E. Manny Cappello MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Crystal Bothelio, City Clerk 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240