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06-21-2017 City Council Meeting Agenda Packet
Saratoga City Council Agenda – Page 1 of 5 SARATOGA CITY COUNCIL REGULAR MEETING JUNE 21, 2017 5:00 P.M. STUDY SESSION Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 Review of City Council Strategic Goals: Facility & Infrastructure and Environmental Sustainability Recommended Action: Review the Facility & Infrastructure and Environmental Sustainability strategic goals and objectives and provide direction to staff on any changes. 6:00 P.M. JOINT MEETING Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 Joint Meeting with Hakone Foundation Board of Trustees 7:00 P.M. REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT FROM JOINT MEETING REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on June 15, 2017. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS CEREMONIAL ITEMS Proclamation Declaring June 21, 2017 as International Day of Yoga Recommended Action: Present the proclamation to Neeta Dharwadkar, a Saratoga resident who teaches yoga. Saratoga City Council Agenda – Page 2 of 5 1. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted on in one motion, unless removed by the Mayor or a Council Member. Any member of the public may speak on an item on the Consent Calendar at this time, or request that the Mayor remove an item from the Consent Calendar for discussion. Public Speakers re limited to three (3) minutes. 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Special Meeting on April 17, 2017 and Regular City Council Meeting on June 7, 2017. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 06/06/2017 Period 12; and 06/13/2017 Period 12. 1.3. Award of Contract – North Bay Building Maintenance for Janitorial Services Recommended Action: Authorize the City Manager to execute the contract with North Bay Building Maintenance in the amount of $130,000 for two years of janitorial services. 1.4. City-Owned Street Light Replacement Project Recommended Action: Approve Products and Services Agreement with PG&E to replace street lights and authorize the City Manager to execute the same. 1.5. Ordinance Authorizing Levying Special Taxes in the Arrowhead Community Facilities District Recommended Action: Waive the second reading and adopt the attached ordinance authorizing levying a special tax on properties in the Arrowhead Community Facilities District. 1.6. Resolution of Local Support for the Metropolitan Transportation Commission’s OneBayArea Grant Cycle 2 Program funding of the Saratoga Village Crosswalks and Sidewalk Rehabilitation Project Recommended Action: Adopt Resolution supporting the Metropolitan Transportation Commission’s OneBayArea Grant Cycle 2 Program funding application for the Saratoga Village Crosswalks and Sidewalk Rehabilitation Project. 1.7. Resolution of Surplus Land Act to receive funding from the Metropolitan Transportation Commission’s OneBayArea Grant Cycle 2 Program for the Saratoga Village Crosswalks and Sidewalk Rehabilitation Project Recommended Action: Adopt Resolution of Surplus Land Act to receive funding from the Metropolitan Transportation Commission’s OneBayArea Grant Cycle 2 Program for the Saratoga Village Crosswalks and Sidewalk Rehabilitation Project. Saratoga City Council Agenda – Page 3 of 5 2. GENERAL BUSINESS 2.1. Joe’s Trail Certification as a Segment of the Juan Bautista de Anza National Historic Trail Recommended Action: Approve Partnership Certification Agreement between the National Park Service and the City of Saratoga for Joe’s Trail certification as a segment of the Juan Bautista de Anza National Historic Trail and authorize the City Manager to execute the same. 2.2. Status Report on Senior Transportation Pilot Program Recommended Action: Receive report. 2.3. Off-Site Signage in Residential Districts Recommended Action: Receive report and direct staff accordingly. 3. PUBLIC HEARING None COUNCIL ASSIGNMENTS Mayor Emily Lo Hakone Foundation Board & Executive Committee KSAR Community Access TV Board Public Art Committee Santa Clara County Library Joint Powers Authority West Valley Mayors and Managers Vice Mayor 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 Hakone Foundation Board Public Art Committee Saratoga Historical Foundation West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Cities Association of Santa Clara County Santa Clara County Housing and Community Development (HCD) Council Committee Saratoga Area Senior Coordinating Council (SASCC) West Valley Sanitation District Council Member Howard Miller America in Bloom Committee Saratoga Ministerial Association Silicon Valley Clean Energy Authority Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee Saratoga City Council Agenda – Page 4 of 5 VTA State Route 85 Corridor Policy Advisory Board Council Member Rishi Kumar Saratoga Chamber of Commerce & Destination Saratoga Saratoga Sister City Organization Santa Clara County Expressway Plan 2040 Policy Advisory Board Santa Clara Valley Water District Commission CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on June 15, 2017 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 15th day of June 2017 at Saratoga, California. Crystal Bothelio, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. These materials are also posted on the City website. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408.868.1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] 06/21 5:00 p.m. Study Session | 6:00 p.m. Joint Meeting with Hakone Board | 7:00 p.m. Regular Session 07/05 5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Historical Foundation | 7:00 p.m. Regular Session 07/19 Meeting Cancelled CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2017 Saratoga City Council Agenda – Page 5 of 5 08/02 Meeting Cancelled 08/16 4:30 p.m. Closed Session | 6:00 p.m. Joint Meeting with SASCC | 7:00 p.m. Regular Session 09/06 6:00 p.m. Joint Meeting with Saratoga Ministerial Association | 7:00 p.m. Regular Session 09/20 5:00 p.m. Joint Meeting with Chamber of Commerce and Destination Saratoga | 6:00 p.m. Joint Meeting with Youth Commission | 7:00 p.m. Regular Session 10/04 5:30 p.m. Joint Meeting with Saratoga School Districts in Senior Center, Saunders Room | 7:00 p.m. Regular Session 10/18 6:00 p.m. Joint Meeting with San Jose Animal Services | 7:00 p.m. Regular Session 11/01 6:00 p.m. Joint Meeting with West Valley – Mission Community College Board of Trustees | 7:00 p.m. Regular Session 11/15 6:00 p.m. Joint Meeting with Senator Beall Jr.| 7:00 p.m. Regular Session 12/06 6:00 p.m. Joint Meeting with Representative Low | 7:00 p.m. Regular Session 12/20 6:00 p.m. Study Session – Council Norms | 7:00 p.m. Regular 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 and Regular Session begins at 7:00 p.m. in the Civic Theater at 13777 Fruitvale Avenue. City of Saratoga CITY COUNCIL JOINT MEETING Meeting Discussion Topics Joint Meeting with Hakone Foundation June 21, 2017 | 6:00 p.m. Saratoga City Hall | Administrative Conference Room 6:00 p.m.Welcome & Introductions 6:15 p.m.Hakone Gardens Updates & Future Priorities 6:45 p.m.Other Remarks & Wrap Up Dinner will be provided at the Joint Meeting. The Regular Session of the City Council begins at 7:00 p.m. in the Civic Theater. Joint Meeting attendees are invited to attend the Regular Session and share an overview of the Joint Meeting. 5 SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Proclamation Declaring June 21, 2017 as International Day of Yoga RECOMMENDED ACTION: Present the proclamation to Neeta Dharwadkar, a Saratoga resident who teaches yoga. BACKGROUND: Since 2015, the United Nations has declared June 21 as International Day of Yoga to celebrate yoga’s universal appeal. ATTACHMENTS: Attachment A –Proclamation Declaring June 21, 2017 as International Day of Yoga 6 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING JUNE 21, 2017 AS INTERNATIONAL DAY OF YOGA WHEREAS, since 2015,the United Nations has declared June 21 as International Day of Yoga to celebrate yoga’s universal appeal; and WHEREAS, yoga is an ancient physical, mental, and spiritual practice that originated in India and the word “yoga” derives from Sanskrit and means to join or unite, which symbolizes the union of body and consciousness; and WHEREAS, June 21 is the summer solstice and the longest day of the year in the northern hemisphere, which has special significance in India and many other parts of the world; and WHEREAS, the proposer of the International Day of Yoga, the Prime Minister of India, Mr. Narendra Modi, stated that yoga is an invaluable gift of India’s ancient tradition as it embodies a unity of mind and body, thought and action, restraint and fulfillment, harmony between man and nature, and a holistic approach to health and wellbeing; and WHEREAS, Saratoga resident Neeta Dharwadkar has been teaching weekly yoga classes at the Saratoga Hindu Temple and volunteers at Argonaut Elementary School; and WHEREAS, the United Nations theme for the 2017 International Day of Yoga is “Yoga for Health” and highlights the fact that yoga can contribute in a holistic way to achieving an equilibrium between mind and body. NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY proclaims and recognizes the day of June 21, 2017 as International Day of Yoga in Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 21st day of June 2017. _________________________ Emily Lo, Mayor City of Saratoga 7 SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Special Meeting on April 17, 2017 and Regular City Council Meeting on June 7, 2017. 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 Special City Council Meeting on April 17, 2017 Attachment B –Minutes for the Regular City Council Meeting on June 7, 2017 8 Saratoga City Council Agenda – Page 1 of 2 MINUTES WEDNESDAY, APRIL 17, 2017 SARATOGA CITY COUNCIL SPECIAL MEETING Mayor Lo called the Special Meeting to order at 6:12 p.m. in the City Hall Administrative Conference Room at 13777 Fruitvale Avenue in Saratoga. ROLL CALL PRESENT:Mayor Emily Lo, Vice Mayor Mary-Lynne Bernald, Council Members Manny Cappello, Howard Miller, Rishi Kumar ABSENT:None ALSO PRESENT:James Lindsay, City Manager Crystal Bothelio, City Clerk/Asst. to City Manager John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Michael Taylor, Recreation and Facilities Director Tony McFarlane, Finance Manager Lauren Pettipiece, Administrative Analyst AGENDA ITEMS FY 2017/18 Budget Study Session Recommended Action: Council to review and provide consensus direction to staff on: 1) Draft FY 2017/18 Proposed Operating Budget 2) Proposed FY 2017/18 Capital Project Funding Allocations 3) Proposed Reserve Policy change Finance and Administrative Services Director Mary Furey introduced the item and provided a summary of the General Fund, including current fiscal year budget, year-end estimates, and next year’s proposed budget. She explained the rationale for projections and notable changes in budget expenditures in the proposed budget. She shared information about changes to the unfunded accrued liability as well as changes to law enforcement costs projected in the future. City Manager James Lindsay highlighted aspects of the budget that have been put in place by the City Council to enrich the community. Finance and Administrative Services Director Mary Furey described different reserves, the status the reserves, and notable changes to internal transfer funds. Tony McFarlane, Finance Manager, provided an overview of the prioritization of capital projects at the Council’s Capital Improvement Plan (CIP) study session. He noted the projects identified as annual priority projects, projects that were selected to be moved to the unfunded CIP, new projects added to the CIP (both funded and unfunded), and updates to funded and unfunded projects. 9 Saratoga City Council Agenda – Page 2 of 2 The City Council commented upon staff response to winter storms and suggested recognizing the Public Works staff who helped keep roads clear during the storms. ADJOURNMENT Mayor Lo adjourned the meeting at 7:40 p.m. Minutes respectfully submitted: Crystal Bothelio, City Clerk City of Saratoga 10 Saratoga City Council Agenda – Page 1 of 11 MINUTES WEDNESDAY, JUNE 7, 2017 SARATOGA CITY COUNCIL REGULAR MEETING At 5:30 p.m., the City Council held a Joint Meeting with Saratoga Neighborhoods and Neighborhood Watch groups in the Joan Pisani Community Center at 19655 Allendale Avenue in Saratoga. At 7:06 p.m., Mayor Lo called the regular session to order in the Civic Theater at 13777 Fruitvale Avenue in Saratoga and led the Pledge of Allegiance. ROLL CALL PRESENT:Mayor Emily Lo, Vice Mayor Mary-Lynne Bernald, Council Members Manny Cappello, Howard Miller ABSENT:Council Member Rishi Kumar (excused) ALSO PRESENT:James Lindsay, City Manager Crystal Bothelio, City Clerk/Asst. to City Manager John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Tony McFarlane, Finance Manager Mainini Cabute, Public Works Analyst II REPORT ON POSTING OF THE AGENDA Crystal Bothelio, City Clerk/Asst. to the City Manager, reported that the agenda for this meeting was properly posted on June 1, 2017. REPORT FROM JOINT MEETING Captain Rich Urena provided an overview of the City Council’s Joint Meeting with Saratoga Neighborhoods. He noted that the meeting included a presentation on current crime trends, burglary prevention tips, neighborhood success stories, and news from the Sheriff’s Office. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None ANNOUNCEMENTS Mayor Lo announced the Saratoga Summer Movie Night series starting Friday, June 16 at El Quito Park. She also invited the community to the City’s ribbon cutting for the new electric vehicle charging station at the Library on June 22, Living Room Conversations on June 27, and $5 Wednesday lunches at the Senior Center starting in July. 1.CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on May 17, 2017.11 Saratoga City Council Agenda – Page 2 of 11 MILLER/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON MAY 17, 2017. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 5/16/2017 Period 11; 5/23/2017 Period 11; and 5/30/2017 Period 11. MILLER/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 5/16/2017 PERIOD 11; 5/23/2017 PERIOD 11; AND 5/30/2017 PERIOD 11. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.3. Treasurer’s Report for the Month Ended April 30, 2017 Recommended Action: Review and accept the amended Treasurer’s Report for the month ended April 30, 2017. MILLER/BERNALD MOVED TO ACCEPT THE AMENDED TREASURER’S REPORT FOR THE MONTH ENDED APRIL 30, 2017. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.4. Fiscal Year 2017/18 Operating & Capital Budget Adoption Recommended Action: Adopt resolution approving the Proposed FY 2017/18 Operating and Capital Budgets, directing staff to incorporate within the final adopted budget any modifications related to late-breaking changes, minor corrections, carryforward appropriations, refined estimates, grant approvals, claim reimbursements, pass-through appropriations, or additional direction from Council upon adoption of the budget. Council Member Miller removed this item from the Consent Calendar to comment on it. RESOLUTION NO. 17-029 MILLER/BERNALD MOVED TO ADOPT RESOLUTION APPROVING THE PROPOSED FY 2017/18 OPERATING AND CAPITAL BUDGETS, DIRECTING STAFF TO INCORPORATE WITHIN THE FINAL ADOPTED BUDGET ANY MODIFICATIONS RELATED TO LATE-BREAKING CHANGES, MINOR CORRECTIONS, CARRYFORWARD APPROPRIATIONS, REFINED ESTIMATES, GRANT APPROVALS, CLAIM REIMBURSEMENTS, PASS- THROUGH APPROPRIATIONS, OR ADDITIONAL DIRECTION FROM COUNCIL UPON ADOPTION OF THE BUDGET. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.5. Fiscal Year 2017/18 Gann Appropriation Limit 12 Saratoga City Council Agenda – Page 3 of 11 Recommended Action: Review report and adopt a resolution approving the Gann Appropriation Limit for FY 2017/18. RESOLUTION NO. 17-030 MILLER/BERNALD MOVED TO ADOPT A RESOLUTION APPROVING THE GANN APPROPRIATION LIMIT FOR FY 2017/18. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.6. Annual Approval of the City’s Investment Policy - for Fiscal Year 2017/18 Recommended Action: Review and approve the Investment Policy for Fiscal Year 2017/18. MILLER/BERNALD MOVED TO APPROVE THE INVESTMENT POLICY FOR FISCAL YEAR 2017/18. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.7. Saratoga Senior Coordinating Council Support and Facility Use Renewal Recommended Action: Accept report and adopt a Resolution authorizing the City Manager to execute the Agreement for Support and Use of Facilities with the Saratoga Area Senior Coordinating Council. Council Member Cappello commented upon this item. RESOLUTION NO. 17-031 MILLER/BERNALD MOVED TO ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR SUPPORT AND USE OF FACILITIES WITH THE SARATOGA AREA SENIOR COORDINATING COUNCIL. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.8. Second Amendment to Household Hazardous Waste Agreement with Santa Clara County Recommended Action: Authorize the City Manager to execute the second amendment Santa Clara County Household Hazardous Waste Collection Program Agreement with a $38,178.90 augmentation for Fiscal Year 2017/18. Council Member Miller commented upon this item. MILLER/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT SANTA CLARA COUNTY HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM AGREEMENT WITH A $38,178.90 AUGMENTATION FOR FISCAL YEAR 2017/18. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.13 Saratoga City Council Agenda – Page 4 of 11 1.9. Acceptance of Trail Easement on 22100 Mt. Eden Road Property Recommended Action: Adopt Resolution Accepting the Offer to Dedicate a Trail Easement on property located at 22100 Mt. Eden Road (APN 503-09-005) and authorize the City Manager to sign a Certificate of Acceptance and the City Clerk to Record the Easement. RESOLUTION NO. 17-032 MILLER/BERNALD MOVED TO ADOPT RESOLUTION ACCEPTING THE OFFER TO DEDICATE A TRAIL EASEMENT ON PROPERTY LOCATED AT 22100 MT. EDEN ROAD (APN 503-09-005) AND AUTHORIZE THE CITY MANAGER TO SIGN A CERTIFICATE OF ACCEPTANCE AND THE CITY CLERK TO RECORD THE EASEMENT. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.10. Motor Vehicle (MV) Resolution Installing Parking Restriction on Old Oak Way Recommended Action: Adopt Motor Vehicle (MV) Resolution installing parking restriction on Old Oak Way. RESOLUTION MV-317 MILLER/BERNALD MOVED TO ADOPT MOTOR VEHICLE (MV) RESOLUTION INSTALLING PARKING RESTRICTION ON OLD OAK WAY. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.11. Fiscal Year 2016/17 Budget Adjustment and Contract Amendment for City Traffic Engineer Services Recommended Action: 1) Adopt a resolution appropriating $35,000 in additional funds in FY 2016/17 for the City Traffic Consultant. 2) Authorize the City Manager to execute a Contract Amendment to the three year Agreement with Fehr and Peers Transportation Consultants increasing the FY 2016/17 not to exceed amount from $85,000 to $120,000; and the remaining years not to exceed amounts from $85,000 to $105,000. RESOLUTION NO. 17-033 MILLER/BERNALD MOVED TO:ADOPT A RESOLUTION APPROPRIATING $35,000 IN ADDITIONAL FUNDS IN FY 2016/17 FOR THE CITY TRAFFIC CONSULTANT; AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT TO THE THREE YEAR AGREEMENT WITH FEHR AND PEERS TRANSPORTATION CONSULTANTS INCREASING THE FY 2016/17 NOT TO EXCEED AMOUNT FROM $85,000 TO $120,000; AND THE REMAINING YEARS NOT TO EXCEED AMOUNTS FROM $85,000 TO $105,000. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 14 Saratoga City Council Agenda – Page 5 of 11 1.12. Ordinance Regarding Commercial Marijuana Activity and Marijuana Cultivation (Second Reading) Recommended Action: Waive the second reading and adopt the attached ordinance that would (a) prohibit the establishment of commercial marijuana activity within the City limits; (b) prohibit all outdoor cultivation of marijuana; and (c) regulate the indoor cultivation of marijuana for personal use permitted by State law. This item was removed from the Consent Calendar for public comment. Mayor Lo invited public comment. The following person requested to speak: Dr. Janet Redman No one else requested to speak. ORDINANCE NO. 349 BERNALD/CAPPELLO MOVED TO WAIVE THE SECOND READING AND ADOPT THE ATTACHED ORDINANCE THAT WOULD (A) PROHIBIT THE ESTABLISHMENT OF COMMERCIAL MARIJUANA ACTIVITY WITHIN THE CITY LIMITS; (B) PROHIBIT ALL OUTDOOR CULTIVATION OF MARIJUANA; AND (C) REGULATE THE INDOOR CULTIVATION OF MARIJUANA FOR PERSONAL USE PERMITTED BY STATE LAW. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.13. Update to City Council Norms of Operation Recommended Action: Approve the resolution amending the City Council Norms of Operation. RESOLUTION NO. 17-034 MILLER/BERNALD MOVED TO APPROVE THE RESOLUTION AMENDING THE CITY COUNCIL NORMS OF OPERATION. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 2.PUBLIC HEARING 2.1. Declaration of Measure L (Arrowhead) Election Results and Ordinance Authorizing Levying Special Taxes in the Arrowhead Community Facilities District Recommended Action: 1) Conduct public hearing on the attached ordinance authorizing levying a special tax on properties in the Arrowhead Community Facilities District; 2) Adopt the resolution declaring the election results of Measure L; and 15 Saratoga City Council Agenda – Page 6 of 11 3) Introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the Consent Calendar at the next regularly scheduled meeting of the City Council for adoption. Crystal Bothelio, City Clerk/Asst. to the City Manager, presented the staff report. Mayor Lo invited public comment on the item. No one requested to speak. RESOLUTION NO. 17-035 CAPPELLO/MILLER MOVED TO:ADOPT THE RESOLUTION DECLARING THE ELECTION RESULTS OF MEASURE L; AND INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL FOR ADOPTION. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 2.2. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of Engineer’s Report, and Confirmation of Assessments for FY 17-18 Recommended Action: Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 17-18. Public Works Director John Cherbone presented the staff report. Mayor Lo invited public comment on the item. No one requested to speak. RESOLUTION NO. 17-036 MILLER/BERNALD MOVED TO MOVE TO ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 17-18. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 2.3. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition 218 Protest Election for the Annexation of a New Zone 39 (Brookview) and Confirmation of Assessments for FY 17-18 Recommended Action: Following the public hearing accept the results of the balloting and if approved adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 17-18. Council Member Cappello recused himself from this item. Public Works Director John Cherbone presented the staff report. 16 Saratoga City Council Agenda – Page 7 of 11 Mayor Lo invited public comment on the item. The following people requested to speak: Luanna Day Chuck Page Tom McAvoy No one else requested to speak. Mayor Lo closed the public hearing and proceeded to the next agenda item to allow staff time to count ballots. Crystal Bothelio, City Clerk/Asst. to the City Manager, reported that 106 votes were cast in favor of the annexation and 56 opposed. Additionally, 1 ballot did not include a vote and was not counted. RESOLUTION NO. 17-037 BERNALD/MILLER MOVED TO ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 17-18. MOTION PASSED. AYES: LO, BERNALD, MILLER. NOES: NONE. ABSTAIN: CAPPELLO. ABSENT: KUMAR. 3.GENERAL BUSINESS 3.1. Informational Report on Leaf Blowers Recommended Action: Accept the report and direct staff accordingly. Crystal Bothelio, City Clerk/Asst. to the City Manager, presented the staff report. Mayor Lo invited public comment on the item. The following people requested to speak: Mary Lou Snow Chuck Page No one else requested to speak. MILLER/BERNALD MOVED TO DIRECT STAFF TO PREPARE AND SCHEDULE AN ORDINANCE FOR CITY COUNCIL CONSIDERATION THAT WOULD PROHIBIT USE OF GAS-POWERED LEAF BLOWERS ON WEEKENDS, REQUIRE LEAF BLOWERS BE NO LOUDER THAN 65 DBA MEASURED AT 50 FEET FROM THE DEVICE, PHASED IN OVER A 2 YEAR PERIOD; STAFF WAS 17 Saratoga City Council Agenda – Page 8 of 11 FURTHER DIRECTED TO PRESENT OPTIONS FOR THE SUBJECT OF ENFORCEMENT ACTION, SUCH AS PROPERTY OWNER OR GARDENER, AND TO DEVELOP AN OUTREACH PLAN THAT WOULD INFORM RESIDENTS, PROPERTY OWNERS, AND GARDENERS OF THE REGULATIONS IN THE ORDINANCE. Council Member Cappello suggested amending the motion to encourage residents to use electric gas leaf blowers rather than prohibiting use of gas-powered leaf blowers on weekends. Council Member Miller accepted the requested change if the communications plan includes efforts to encourage use of non-gas leaf blowers. Vice Mayor Bernald accepted the requested change. MILLER/BERNALD MOVED TO DIRECT STAFF TO PREPARE AND SCHEDULE AN ORDINANCE FOR CITY COUNCIL CONSIDERATION THAT WOULD REQUIRE LEAF BLOWERS BE NO LOUDER THAN 65 DBA MEASURED AT 50 FEET FROM THE DEVICE, PHASED IN OVER A 2 YEAR PERIOD; STAFF WAS FURTHER DIRECTED TO PRESENT OPTIONS FOR THE SUBJECT OF ENFORCEMENT ACTION, SUCH AS PROPERTY OWNER OR GARDENER, AND TO DEVELOP AN OUTREACH PLAN THAT WOULD INFORM RESIDENTS, PROPERTY OWNERS, AND GARDENERS OF THE REGULATIONS IN THE ORDINANCE AND ENCOURAGE USE OF NON-GAS LEAF BLOWERS. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 3.2. Public Safety Task Force Draft Work Plan Recommended Action: Provide feedback on the draft Public Safety Task Force Work Plan and authorize the Task Force to begin work on the plan, including any amendments directed by the City Council. Crystal Bothelio, City Clerk/Assistant to the City Manager, presented the staff report. Mayor Lo invited public comment. The following person requested to speak: Jim Stallman No one else requested to speak. Chuck Page, Public Safety Task Force Vice Chair, addressed questions from the City Council. MILLER/CAPPELLO MOVED TO DIRECT THE PUBLIC SAFETY TASK FORCE TO: BEGIN IMPLEMENTING THE WORK PLAN AS PROPOSED; PRIORITIZE CREATING AN IMPROVED PUBLIC SAFETY WEBSITE; AND PRESENT ANY BUDGET REQUESTS THAT MAY BE NEEDED TO ACHIEVE WORK PLAN ITEMS BY THE DECEMBER 6, 2017 CITY COUNCIL MEETING.18 Saratoga City Council Agenda – Page 9 of 11 Council Member Cappello requested an amendment to the motion to add the gathering of Neighborhood Watch leaders, communications, and metrics as priorities. Mayor Lo requested one further amendment to include schools in outreach and communications efforts. Council Member Miller and Council Member Cappello accepted the requested amendments. MILLER/CAPPELLO MOVED TO DIRECT THE PUBLIC SAFETY TASK FORCE TO: BEGIN IMPLEMENTING THE WORK PLAN AS PROPOSED; PRIORITIZE CREATING AN IMPROVED PUBLIC SAFETY WEBSITE, COMMUNICATIONS AND OUTREACH, A GATHERING OF NEIGHBORHOOD WATCH LEADERS, AND DEVELOPMENT OF METRICS; INCLUDE SCHOOLS IN OUTREACH IN AN EFFORT TO REACH PARENTS; AND PRESENT ANY BUDGET REQUESTS THAT MAY BE NEEDED TO ACHIEVE WORK PLAN ITEMS BY THE DECEMBER 6, 2017 CITY COUNCIL MEETING. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 3.3. Municipal Regional Stormwater (MRP) NPDES Permit Requirement to Implement Green Infrastructure Plan Recommended Action: Adopt the Saratoga Green Infrastructure Plan Framework by June 30, 2017 to comply with requirements of the MRP. Mainini Cabute, Public Works Analyst II, presented the staff report. Kelly Carroll, West Valley Clean Water Program, addressed questions from the City Council. Mayor Lo invited public comment on the item. No one requested to speak. RESOLUTION NO. 17-038 CAPPELLO/MILLER MOVED TO ADOPT THE SARATOGA GREEN INFRASTRUCTURE PLAN FRAMEWORK BY JUNE 30, 2017 TO COMPLY WITH REQUIREMENTS OF THE MRP. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. COUNCIL ASSIGNMENTS Mayor Emily Lo Hakone Foundation Board & Executive Committee – the Matsuri event went very well. Attendance was lower than usual due to the weather and final numbers are still being produced. The wash closet donated by Mr. Ito will be installed in June. 19 Saratoga City Council Agenda – Page 10 of 11 Public Art Committee – the Commission discussed development of a utility box art program. Staff will be bringing forward options for a program at the next meeting on June 26, 2017. After the Committee finalizes the program, it will be brought to the City Council. West Valley Mayors and Managers – San Jose Council Member Chappie Jones attended the last meeting. Age-friendly communities and efforts to promote healthy lifestyles were discussed. Vice Mayor Mary-Lynne Bernald Association of Bay Area Governments Cities Association of Santa Clara County-Legislative Action Committee – there is a meeting on June 8, 2017. Saratoga Sister City Organization – Vice Mayor Bernald attended the meeting on behalf of Council Member Kumar. The group is planning a trip to Croatia, Saratoga Taiko is learning new pieces, and 2019 marks the 35th anniversary of the sister city relationship between Saratoga and Muko. The Committee is starting the planning effort to send a delegation to Muko to celebrate the anniversary. Vice Mayor Bernald shared that she attended a meeting held by the Town of Los Altos on the community’s public art master plan. Vice Mayor Bernald will be attended the Chamber meeting on behalf of Council Member Kumar. Council Member Manny Cappello Cities Association of Santa Clara County – the next meeting is June 8, 2017. Saratoga Area Senior Coordinating Council (SASCC)– the senior transportation pilot is still in the planning phases. SASCC is working with the County and VTA to get the details finalized. Most of the partnering cities have or will soon allocate funds for the pilot. The Adult Care Center attendance is very good and will soon reach maximum capacity 5 days per week. This November marks the 30th anniversary of the Adult Care Center, so there may be some festivities to celebrate that milestone. Bathroom construction is ongoing and is expected to be complete around June 24, if there are no further delays. West Valley Sanitation District – the next meeting is the week of June 12, 2017. Council Member Cappello shared he attended the Saratoga Ministerial Association meeting last month to discuss a celebration of light event. Council Member Howard Miller America in Bloom Committee – the America in Bloom events in the City were a success. The judges visited many different areas of the City and appeared to have been impressed. Saratoga Ministerial Association Silicon Valley Clean Energy Authority Board of Directors – enrollment for businesses residents is partially completed and will be completed in July. Rates were originally are set at 1% less expensive than PG&E. Since then, PG&E has increased rates. The Authority expects to repay loans from the cities by December. There are some surplus funds, because electricity costs were lower than projected. The Board is considering what to do with the funds and may provide customers with a small rebate. Valley Transportation Authority (VTA) Policy Advisory Committee – during the last Board meeting, a two-year budget was adopted. Public transit ridership throughout the Bay Area is down. It is not clear why, but it may be attributed to the low cost of gas. A new fee schedule was approved to support changes in the Next Network plan. Students from DeAnza College opposed 20 Saratoga City Council Agenda – Page 11 of 11 a change to the cost of student passes, but the Board and students were able to identify a mutually agreeable solution. VTA State Route 85 Corridor Policy Advisory Board – Mountain View Council Member John McAlister was selected as Chair and Council Member Miller was selected as Vice Chair. It appears that the guideway study may get funded by VTA in 2021 to 2022. Council Member Rishi Kumar No report CITY COUNCIL ITEMS Vice Mayor Bernald requested an agenda item on prohibiting off-site signage in the public right of way, such as real estate signage. Council Member Miller supported the request. Council Member Miller requested an agenda item on housing bills related to housing and local control that may potentially impact Saratoga. He suggested the report could come before the City Council in August or September. Vice Mayor Bernald supported the request. Council Member Miller requested a City Council newsletter item on electric vehicles, including information on City charging stations, efforts to acquire or locate electric vehicle charging stations in Saratoga, changes in the price structure for use of electric vehicle charging stations, and City use of electric vehicles. Council Member Cappello supported the request. CITY MANAGER'S REPORT None ADJOURNMENT MILLER/BERNALD MOVED TO ADJOURN THE MEETING AT 9:50 P.M. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. Minutes respectfully submitted: Crystal Bothelio, City Clerk City of Saratoga 21 Gina Scott, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 6/6/2017 Period 12 6/13/2017 Period 12 BACKGROUND: The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report. REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 6/6/17 133431 133478 48 185,571.80 06/06/17 05/30/17 133430 6/13/17 133479 133519 41 259,363.93 06/14/17 06/06/17 133478 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Dept.Amount 06/06/17 133435 PW 29,538.00 06/06/17 133437 Fac 35,133.82 06/06/17 133439 Fac 44,955.00 06/13/17 133492 PW 154,181.04 06/13/17 133512 Various 34,681.63 06/13/17 133518 Various 20,206.39 Accounts Payable checks voided during this time period: AP Date Check #Amount 02/28/17 132775 Re-issue 107.25 04/18/17 133102 Re-issue 240.00 06/13/17 133348 Re-issue 408.00 ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Prior Check Register Checks Released Total Checks Amount Status Never received check Lost or destroyed checkFutsal Kingz Lost or destroyed check Accounts Payable Accounts Payable US Bank Purchasing Card Various Issued to Jill Hunter Tigerlily Enterprises/Liz Newman Reason SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:Finance & Administrative Services PREPARED BY: Ending Check #Type of Checks Date Gradetech, Inc. Fund Purpose Highway 9 Phase IV Sr Ctr Rstrm RemodCIP Grant-Facility CIP Facility Project Fast Charge EV Unit Sara/Prosp Ped ProjGas Tax CIP Street Project BP-Pak, Inc. Chargepoint, Inc. Bellecci & Associates, Inc. Starting Check # Shute Mihaly & Weinberger Attorney ServicesGeneral Credit Card Expenses 22 23 24 25 26 27 28 29 30 31 SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:Recreation & Facilities Department PREPARED BY:Michael Taylor, Director SUBJECT:Award of Contract –North Bay Building Maintenance for Janitorial Services RECOMMENDED ACTION: Authorize the City Manager to execute the contract with North Bay Building Maintenance in the amount of $130,000 for two years of janitorial services. BACKGROUND: Following the departure of a Facility Maintenance II in January 2015,the position was not refilled. At that time, staff determined that using a contract janitorial service would be more effective than replacing that employee. The janitorial service has proven to be reliable and efficient. The schedule is developed by the Facilities Lead on a monthly basis and the cost savings have been significant. The current agreement with the present contractor, North Bay Building Maintenance (NBBM), expires June 30, 2017. NBBM currently charges $22 per hour with a five hour minimum. Staff solicited bids from four janitorial service providers with hourly rates ranging from $35 per hour to $23 per hour with a four to a six hour minimum. NBBM submitted the lowest bid of $23 per hour with a five (5) hour minimum, increasing to $24 per hour in the second year. FISCAL STATEMENT: The $65,000 expense in Fiscal Year 2017/18 has been accounted for in the Facilities operating budget. ATTACHMENTS: Attachment A –Copy of proposed contract with NBBM 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:Public Works PREPARED BY:Iveta Harvancik, Senior Engineer SUBJECT:City-Owned Street Light Replacement Project RECOMMENDED ACTIONS: Approve Products and Services Agreement with PG&E to replace street lights and authorize the City Manager to execute the same. REPORT SUMMARY: Replacement of existing street lights with energy efficient light emitting diode (LED) fixtures is a positive move towards the efficient use of energy resources.LED streetlights use 50-75% less energy than the current High Pressure Sodium Vapor (HPSV) bulbs. Last year, PG&E replaced all non-decorative street lights they own within the City limits. They also offered the City to assist with LED conversion of street lights owned by the City.The service they offer is a “turnkey” service that includes all components of the project, filing of PG&E rebate application, rate change processing, and disposal of removed street light fixtures. PG&E will also update GIS data and provide one-year installation warranty. Decorative street lights in the Village are not part of this project. Another advantage of this project is On-Bill Financing (OBF)that allows Saratoga to have the LED street lights installed without allocating funds for this project. PG&E will finance the project, and the City will pay the loan –interest-free –through monthly utility bills. The re-payment of the OBF loan essentially comes from the energy savings resulting from LED streetlights installation. The payback period for the estimated $38,559 project cost is approximately 4.16 years.After that period of time, City’s bill for the street light will be significantly lowered. It is therefore recommended the Council approve the PG&E Products and Services Agreement and authorize the City Manager to execute the same. ATTACHMENTS: Attachment A –PG&E Products and Services Agreement Attachment B -On-Bill-Financing Fact Sheet 57 Agreement No: SLT-102_Saratoga Page 1 of 19 PG&E PRODUCTS AND SERVICES AGREEMENT This PG&E Products and Services Agreement (the “Agreement”) is made and entered into as of ______________, 2017 (“Effective Date”) by and between City of Saratoga with offices at 13777 Fruitvale Avenue, Saratoga, CA 95070 (“Customer”) and Pacific Gas and Electric Company (“PG&E”). RECITALS WHEREAS, Customer requires street light replacement services and PG&E desires to do so pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements set out in this Agreement, Customer and PG&E agree as follows: AGREEMENT 1. The Service. PG&E offers street light replacement service (the “Service”) which comprises a turnkey project that includes: the ordering of Customer specified street light fixtures by PG&E at Customer’s expense, and installation of these PG&E-authorized street light fixtures as replacements to existing Customer-owned street lights operating at 120 or 240 volts. As part of the Service, PG&E will also process Customer-requested rate changes to PG&E rates which may also include LS2C to LS2A rates changes and any applicable PG&E rebate applications as requested by Customer. PG&E will arrange for waste disposal of removed street light fixtures. Customer Initials ______. Date__________. 2. Development, Acceptance, and Performance of Proposals. Upon receipt of a request for Service, PG&E will consult with Customer and develop a Proposal covering the Service in the form of proposal attached hereto as Exhibit A. Once a Proposal is signed by both Customer and PG&E, the Proposal will become a binding contract and shall be deemed an “Accepted Proposal” for purposes of this Agreement. Accepted Proposals shall be numbered sequentially and must reference this Agreement specifically. The terms of this Agreement are incorporated into each Proposal as if fully set forth therein by virtue of this reference. If any conflict arises between the terms of an Accepted Proposal and the terms of this Agreement, the terms of this Agreement shall prevail. PG&E agrees to provide the Service in accordance with the Accepted Proposal subject to the terms and conditions of this Agreement. PG&E will notify Customer upon its completion of the work specified in an applicable Accepted Proposal, and Customer shall have five (5) business days to review and accept, after which time PG&E’s performance responsibilities under the Accepted Proposal will be deemed to have been fulfilled. If Customer identifies any outstanding items to be corrected, a punch list will be developed to reflect such items, and PG&E will correct them. Any change to an Accepted Proposal must be agreed to by both Customer and PG&E in writing. Upon completion of the Service described in the Accepted Proposal and Customer’s payment of said Service, title to the installed street light fixtures described in the Acceptable Proposal shall pass to Customer. Such transfer of title shall be for the installed street light fixtures “as is, where is,” and with no implied warranties or express warranties, except as otherwise set forth below in Section 5.2 (Limited Material Warranty). 58 Agreement No: SLT-102_Saratoga Page 2 of 19 3. Additional Work. If in the process of performing the Service, a condition is discovered that prevents PG&E from performing the Service as specified such as but not limited to 1) access to the street light such as overgrown trees or blocked roadway, 2) broken street light bracket, or 3) wiring defect that prevents delivery of energy to the street light fixture, PG&E will notify Customer in writing of such condition and the work necessary to remedy the condition using Exhibit B (Additional and Repair Work Agreement). If the work required is estimated by PG&E at less than $1,000, then PG&E may perform such work and invoice Customer periodically for actual time and materials to perform such work without completing Exhibit B (Additional and Repair Work Agreement). If, for any reason, Customer chooses not to correct such condition, as specified in Exhibit B (Additional and Repair Work Agreement), PG&E shall be relieved of any and all responsibility for performing the Service for that street light or group of street lights. If in the process of performing the Service, Customer requests specific work in addition to the Accepted Proposal’s Scope of Work, Exhibit B (Additional and Repair Work Agreement) will be used to describe the work and provide the labor rates for the performance of the additional work. If in the process of performing the Service, active bird nests, and/or bee hives, wasps are discovered, PG&E will notify Customer of such condition and discontinue work on affected equipment. 4. Fees. Customer shall pay PG&E for Service performed in accordance with the payment terms set forth in each Accepted Proposal. Work specified in any Additional and Repair Work Agreement will be done on a time and materials basis, at PG&E’s then current hourly commercial rates as specified in the Additional and Repair Work Agreement and with reimbursement of PG&E’s actual out-of-pocket expenses. Customer shall pay PG&E for the Service based on the payment schedule set forth in the applicable Accepted Proposal. Each payment made by Customer must reference this Agreement, the Accepted Proposal and invoice number and be mailed to: PACIFIC GAS AND ELECTRIC COMPANY Attn: Sales and Service Manager, Business Development P.O. Box 770000, Mailcode: N10D San Francisco, CA 94177 5. Limited Warranties. 5.1. Limited Service Warranty. PG&E warrants that the Service will be performed in a commercially reasonable manner consistent with the level of care and skill exercised by others when performing services of a similar nature under similar circumstances. Customer must notify PG&E of any defect in workmanship within one (1) year of completion of installation of all streetlight fixtures (“Installation”). If Customer notifies PG&E within one year of installation of a potential defect in workmanship, and PG&E confirms the defect, PG&E will either re-perform the Service at no additional charge to Customer, or, if PG&E so elects, refund the applicable fees paid to PG&E by Customer for the Service. This warranty extends to 59 Agreement No: SLT-102_Saratoga Page 3 of 19 Customer only and cannot be assigned by Customer. This warranty is in lieu of all other warranties. All other warranties are expressly disclaimed. 5.2. Limited Material Warranty. The manufacturer of the material to be installed will provide a warranty which is attached as Exhibit C. PG&E will provide to the Customer all documentation covering the warranty including contact information for the manufacturer or manufacturer’s warranty agent. During the first year following completion of Installation, Customer may contact PG&E (as part of the Limited Service Warranty) to request that PG&E remove the defective light and reinstall the repaired light or an equivalent replacement light. For those years following the Limited Service Warranty period but still within the Limited Material Warranty period, Customer must contact the manufacturer to make a warranty claim. Customer is responsible for removal of the equipment, arranging and paying for shipping and insurance for the equipment to and from the manufacturer’s designated facility (and for all risk of loss to the equipment while in transit), and installation of the equipment upon return, unless otherwise instructed in the manufacturer’s designated warranty. This warranty extends to Customer only and cannot be assigned by Customer. This warranty is in lieu of all other warranties relating to installed materials. ALL OTHER WARRANTIES (WHETHER EXPRESS OR IMPLIED) RELATING TO INSTALLED MATERIAL ARE HEREBY EXPRESSLY DISCLAIMED. 5.3. Disclaimers. Except for warranties expressly set forth in Sections 5 and 6 of this Agreement, PG&E HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, INTEROPERABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) RELATING TO THE SERVICE. Customer acknowledges and agrees that the specific remedies described in Sections 5 and 6 of this Agreement respectively shall be Customer’s sole and exclusive remedies for any and all warranty claims arising under or pertaining to this Agreement. 6. Customer’s Responsibilities. To the extent that performance of the Service by PG&E depends upon approvals or other decisions by Customer, or on Customer furnishing particular documents or information, including but not limited to work permits, and that Customer does not timely perform or provide the same, the minimum time estimate for PG&E's completion of the Service shall be extended to take into account Customer's delay with respect thereto. Customer shall reimburse PG&E for the costs on any required work permits or any specific work restrictions imposed by Customer such as but not limited to restricted work hours to perform the Service (PG&E’s core days and hours of Installation: Monday-Friday, 7 AM-3:30 PM). Special traffic controls and specific work restrictions and conditions must be identified prior to developing scope of work and pricing. Should Customer impose specific work restrictions after the full execution of the proposal, Exhibit B (Additional and Repair Work Agreement) will be used to describe the subsequent need for reimbursement and provide the labor rates for the performance of the Service within such restrictions. If Customer or a competent governmental authority requires any other compliance efforts, including but not limited to flagging, traffic control, or neighborhood notifications, as a condition for work to proceed, then Customer shall reimburse PG&E for the costs related to these efforts. Notwithstanding PG&E’s arrangement or performance of waste disposal services for removed street light fixtures (or any other materials an applicable Accepted Proposal may specify for removal), Customer acknowledges and agrees that it is the “generator” of such fixtures and/or materials and therefore bears ultimate responsibility for their proper disposition. Provided that PG&E adheres to any disposal instructions contained 60 Agreement No: SLT-102_Saratoga Page 4 of 19 in an Accepted Proposal, Customer agrees to hold PG&E harmless from any and all claims brought by third parties (including by governments or regulators) relating to the disposal services arranged or performed by PG&E. 7. Data. Customer shall own any documents or information prepared or created by PG&E during the performance of the Service under this Agreement (“Data”). PG&E may retain copies of Data for PG&E use, but shall keep the Data confidential and shall not publish or otherwise disclose or knowingly permit PG&E employees to publish or otherwise disclose any Data without Customer’s prior written consent unless such disclosure is required by law or by a court or regulatory agency having authority over PG&E. 8. PG&E’s Utility Obligations. Customer acknowledges that PG&E has an obligation to maintain, repair and service PG&E-owned facilities in order to perform its duties as a public utility. If PG&E determines at any time, in its sole discretion, that it requires any personnel or resources previously committed to the performance of services for Customer under this Agreement in order to maintain adequate service to PG&E’s other customers or to fulfill its duties as a public utility, then PG&E shall have the right to divert the use of such personnel or resources to satisfy such requirements. PG&E shall be excused from whatever performance is affected by such action, all to the extent and for the duration its resources are so constrained, and PG&E shall not be considered in default under this Agreement by virtue of such diversion of resources. PG&E shall use diligent efforts to resume and complete its performance of the Service when diverted resources become available again. 9. Limitation of Liability and Indemnification. To the fullest extent allowed by law, PG&E shall defend, indemnify and hold harmless the Customer, its elected and appointed officials, employees and agents, from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including PG&E's employees and subcontractors), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of this agreement, regardless of PG&E’s fault or negligence, including any of the same resulting from Customer’s alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of Customer, its constituent entities, its and their officers, agents, or servants who are directly responsible to Customer. This indemnification shall extend to claims asserted after termination of this Agreement for whatever reason. In the event that PG&E is held liable to Customer or to any party claiming by or through Customer for damages arising under or pertaining to this Agreement, the aggregate liability of PG&E to Customer or to any party claiming by or through Customer shall be limited to the lesser of (a) the estimated price for the Service giving rise to the claim, or (b) the amount actually paid to PG&E with respect to such Service. IN NO EVENT SHALL PG&E BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, COST OF DELAYS, REPLACEMENT OF POWER, OR LOSS OF PROFITS, LOSS OF OR FAILURE TO REALIZE ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY SUCH CONSEQUENCES WERE FORESEEABLE. The parties agree that the limitations on liability expressed in this Agreement will apply at all times, whether in contract, equity, tort or otherwise, regardless of the fault, negligence (in whole or in part), strict liability, breach of 61 Agreement No: SLT-102_Saratoga Page 5 of 19 contract or breach of warranty of PG&E, and will extend to the affiliates, subsidiaries, parent company, officers, managers, directors, agents and employees of PG&E. Customer acknowledges and agrees that the limitations of liability set forth in this section may be far less than Customer’s loss in the event of any loss or damage to Customer’s equipment while in PG&E’s care or custody, and Customer expressly assumes the risk of any such deficiency of recovery. The parties acknowledge and agree that the limitations of liability set forth in this Section 9 are an essential element of their bargain as well as a material inducement for PG&E’s entry into this Agreement, and that PG&E’s price for the Service reflects their inclusion in this Agreement. 10. Term and Termination. The term of this Agreement shall be for five years from the Effective Date unless sooner terminated by Customer or PG&E as permitted by this Agreement. Each party may terminate this Agreement or any Accepted Proposal at any time for convenience by giving the other party 5 days written notice, provided, however, that any such termination shall neither affect PG&E’s obligation to perform under any Accepted Proposals during the 5 day notice period, nor Customer’s obligation to pay PG&E for material procured or services rendered under any Accepted Proposal through the effective date of termination, including during the 5- day notice period. Termination of any individual Accepted Proposal by either party shall not affect the continued validity of this Agreement or of any other Accepted Proposals. Additionally, each party may terminate this Agreement and any then-outstanding Accepted Proposals upon written notice to the other party if the other party: (i) is in default of any obligation hereunder which default is incapable of being cured, or which, being capable of being cured, has not been cured within seven days after receipt of written notice of such default; or (ii) becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, or has been liquidated, voluntarily or otherwise. Also, PG&E may terminate this Agreement immediately and without prior notice in the event that the California Public Utilities Commission issues a ruling or order prohibiting or otherwise preventing PG&E from fulfilling, or substantially interfering with PG&E’s ability to fulfill, its obligations under this Agreement, or finding that this Agreement is contrary to the policies of the California Public Utilities Commission. The following Sections of this Agreement shall survive expiration, cancellation or other termination of this Agreement: 4 Fees, 5 Limited Warranties, 6 Customer Responsibilities, 7 Data, 9 Limitation of Liability and 11 General. Any other provisions of this Agreement that would generally be construed as intended to survive the expiration, cancellation or other termination of this Agreement shall also survive such expiration, cancellation or other termination. 11. Labor. 11.1 This Agreement is subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and PG&E and any subcontractor shall pay not less than the prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, Customer has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the vicinity of the work to be performed, a copy of which is on file in the office of the City, and shall be made available for viewing to any interested party upon request. 62 Agreement No: SLT-102_Saratoga Page 6 of 19 11.2. As required by Labor Code Section 1773.8, PG&E shall pay travel and subsistence payments to each worker needed to perform the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8. 11.3. PG&E and any subcontractor shall keep accurate payroll records, in accordance with Section 1776 of the Labor Code, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work. 11.4. PG&E and any subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. 11.5. PG&E’s attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by PG&E or any subcontractor under PG&E. It shall be the responsibility of PG&E to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 11.6. Pursuant to the requirements of Division 4 of the Labor Code, PG&E will be required to secure the payment of worker’s compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of work, PG&E shall sign and file with the Administrator a certification in the following form: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self- insurance in accordance with the provisions before commencing the performance of the work of this contract." 12. Insurance. PG&E shall obtain, at its sole cost and expense, all insurance required by Exhibit D to this Agreement. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City with the copy of this agreement signed by PG&E. 63 Agreement No: SLT-102_Saratoga Page 7 of 19 13. General. 13.1. Assignment. This Agreement may not be assigned or otherwise transferred by either Customer or PG&E without the prior written consent of the other party, such consent not to be unreasonably withheld. Notwithstanding the foregoing, PG&E may, without such consent, assign this Agreement to a parent, subsidiary or other affiliate. PG&E may also subcontract all or part of the Service. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon Customer and PG&E and their respective successors and assigns. 13.2. Force Majeure. Neither PG&E nor Customer shall be considered in default in the performance of its obligations under this Agreement, to the extent that (and only for so long as) the performance of any such obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party; provided, however, that Customer shall be excused from the obligation to make payments hereunder for services which PG&E is prevented from performing due to circumstances beyond its reasonable control. 13.3. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (i) by personal delivery, when delivered personally; (ii) by overnight courier, upon written verification of receipt; or (iii) by certified or registered mail, return receipt requested, upon verification of receipt. Notices shall be addressed, if to Customer, to the primary business contact address given in the Accepted Proposal and, if to PG&E, to the address set forth above for payment. 13.4. Reporting Requirements. Customer must notify PG&E whether or not federal funds granted or otherwise awarded to Customer by or through the United States Department of Energy (collectively, the “Federal Funds”) will be used to pay PG&E for the Service. If Customer decides to use such Federal Funds in connection with an Accepted Proposal, then Customer must notify PG&E within 5 days of its decision to use such Federal Funds. If Customer is required by any law or regulation to amend or revise the terms and conditions of any Accepted Proposal in a manner unacceptable to PG&E or if in PG&E’s sole discretion PG&E determines it cannot comply with such obligations as amended or revised, whether or not PG&E has begun to perform such Accepted Proposal, PG&E shall have the right, in its discretion, to terminate such Accepted Proposal upon five (5) days’ notice without further obligation or liability to Customer (except for the return of any funds Customer may have pre-paid for the Service and which remain uncommitted as of the effective date of such termination). CUSTOMER HEREBY WAIVES ANY CLAIM OF PROMISSORY ESTOPPELS WITH RESPECT TO PG&E’S TERMINATION OF ANY ACCEPTED PROPOSAL UNDER THE CIRCUMSTANCES DESCRIBED IN THE FOREGOING SENTENCE. 13.5. Disputes. The parties will negotiate in good faith to expeditiously resolve any dispute, claim or controversy arising under or relating to this Agreement (including, without limitation, as to its formation, validity, binding effect, interpretation, performance, breach, or termination, as well as non-contractual claims) on a negotiated basis. If, in either party’s reasonable judgment, such negotiations do not result in an amicable outcome after such party’s good faith efforts over a period of at least thirty (30) days, such party shall be free to pursue all available remedies under law in any competent forum. 64 Agreement No: SLT-102_Saratoga Page 8 of 19 IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the Effective Date first set forth above. CUSTOMER PACIFIC GAS AND ELECTRIC COMPANY Print Name: Print Name: Signature: Signature: Date: Date: 65 Agreement No: SLT-102.1 Saratoga PO #: Page 1 of 8 PROPOSAL NUMBER 1 This Proposal is made and entered into as of ______________, 2017 by and between City of Saratoga (“Customer”) and Pacific Gas and Electric Company (“PG&E”). This Proposal is subject to the terms and conditions of the PG&E Products and Services Agreement between Customer and PG&E dated as of ______________, 2017 (the “Agreement”). DESCRIPTION OF SERVICES o Scope of Work: Replace 81 HPSV lights with LED lights according to the map and LED spreadsheet (identifies each location) in the City of Saratoga. o Number any light poles that are not numbered using badge number stickers provided by PG&E. o Change the rates to LED and provide documentation on the changes and cost for the street lights which with Customers approval may also include LS2C to LS2A rates changes. Customer Initials ______. Date__________. o Process the rebates and provide documentation on the changes and cost for the street lights. o Provide a revised GIS-based inventory. Estimated minimum number of days to complete scope of work: TBD Date work is estimated to begin: TBD Customer sites where work is to be performed (may attach spreadsheet of street lights): See attached map for location. Type and number of street light fixtures to be replaced (may attach spreadsheet): See attached spreadsheet for fixtures. Locations may change if street lights are added to or deleted from the project during installation. A final spreadsheet will be given to Customer upon completion of the work. If in the process of performing the Service, active bird nests, and/or bee hives, wasps are discovered, PG&E will notify Customer of such condition and discontinue work on affected equipment. MATERIALS DISPOSAL Customer will make space available at Customer-owned property for material storage and disposal during construction. PG&E will hold Customer harmless for damage to stored materials while on Customer’s property. Customer site where PG&E may store materials and waste disposal bins: 66 Agreement No: SLT-102.1 Saratoga PO #: Page 2 of 8 PG&E will store the materials at the following site: Address: TBD PG&E’s Contractor will keep the lights that have been replaced in a locked container until taking them to PG&E’s yard. Contractor will separate the lamp from the fixture and put them in the appropriate bins. PG&E will label the bins and ship them to a registered disposal facility. TRAFFIC CONTROL PLAN PG&E Contractor shall be required to comply with all applicable federal, state, and local laws, rules, regulations, permits, and codes including without limitation such laws, rules, regulations, permits, and codes with respect to safety and traffic control. COST AND PAYMENT SCHEDULE PG&E estimates the services under this Proposal will cost Thirty Eight Thousand, Five Hundred, Fifty-Nine dollars and no cents ($38,559). However, Customer will be invoiced for actual installations (location and size of fixture). The estimate will not be exceeded without Customer’s prior approval. This price does does not subtract the value of the LED streetlight rebates from the cost to provide the Services. Payment Schedule: Initial Payment: Upon ordering of materials, Customer may be invoiced 50% of the total amount of the contract. Final Payment: Customer will be invoiced for final 50% payment upon completion of this Proposal or when punch list items (if any) have been completed. If Customer chooses to terminate this Proposal prior to completion of the Services, then Customer shall pay PG&E for all costs accrued up to the date of termination, including all materials purchased. PG&E will submit invoices to Customer based on the Payment Schedule. Each invoice will reference the Agreement and this Proposal and be submitted to Customer’s billing address as set forth below. Customer will remit payment to PG&E within 14 days after receipt of the invoice. BUSINESS CONTACTS: PG&E’s primary business contact for this Proposal: Name: Jwo Cheng Title: Business Development Manager Address: 245 Market Street, Mail Code N10D 67 Agreement No: SLT-102.1 Saratoga PO #: Page 3 of 8 San Francisco, CA 94105 Telephone: 415-973-7302 Email: JICA@pge.com Customer’s primary business contact for this Proposal: Name: Poh Yee Title: Senior Building Inspector/Plan Checker Address: 13777 Fruitvale Avenue Saratoga, CA 95070 Telephone: 408-868-1224 Email: pyee@saratoga.ca.us CUSTOMER BILLING CONTACT: Customer’s billing contact for this Proposal: Name: Gina Scott Title: Accounting Technician Address: 13777 Fruitvale Avenue Saratoga, CA 95070 Telephone: 408-868-1264 Email: gscott@saratoga.ca.us IN WITNESS THEREOF, the parties agree to be bound by this Proposal as of the date first set forth above. CUSTOMER CITY OF SARATOGA PACIFIC GAS AND ELECTRIC COMPANY Print Name: James Lindsay, City Manager Print Name: Roxanne Fong, Manager Signature: Signature: Date: Date: 68 Agreement No: SLT-102.1 Saratoga PO #: Page 4 of 8 EXHIBIT B FORM OF ADDITIONAL REPAIR WORK AGREEMENT REPAIR WORK AGREEMENT NUMBER _____ This Additional Repair Work Agreement is made and entered into as of ______________, 20__ by and between [insert Customer’s legal name] (“Customer”) and Pacific Gas and Electric Company (“PG&E”). This Repair Work Agreement is subject to the terms and conditions of the PG&E Products and Services Agreement between Customer and PG&E dated as of _____________, 20__ (the “Agreement”). PG&E has informed the Customer of a repairable condition as described below. The Customer has requested that PG&E provide the necessary labor, equipment, and material to repair, replace or correct the condition on the Customer’s equipment described below. Description of repairable condition: PG&E will invoice the Customer on a time and materials basis at the following labor rates (rates valid through 12/31/__): Straight time (8AM-5PM M-F): $____/hour Overtime: $____/hour Executed this ___ day of ___________________, 20__. Facility name: ____________________________________ IN WITNESS THEREOF, the parties agree to be bound by this Repair Work Agreement as of the date first set forth above. CUSTOMER PACIFIC GAS AND ELECTRIC COMPANY Print Name: Print Name: Signature: Signature: Date: Date: 69 Agreement No: SLT-102.1 Saratoga PO #: Page 5 of 8 EXHIBIT C THIRD PARTY WARRANTIES 1. Street light manufacturer’s contact information: (a) Cree LED Lighting Fixtures 1200 92nd Street Sturtevant, WI 53177-1854 Phone: (800)236-6800 (b) The warranty period for the Cree LED Lighting Fixtures is 10 years. A copy of that warranty is set forth in Schedule 1 to this Exhibit C. 2. Photocontrol warrantor’s contact information: (a) Sunrise Technologies, Inc. Photocontrols 54 Commercial St. Raynham, MA 02767 Phone: 508-821-1597 Fax: 805-822-0593 (b) The warranty period for the Sun-Tech/FP Outdoor Lighting Controls is 12 years. A copy of that warranty is set forth in Schedule 2 to this Exhibit C. 70 Agreement No: SLT-102.1 Saratoga PO #: Page 6 of 8 SCHEDULE 1 TO EXHIBIT C LIMITED WARRANTY FOR CREE® LED LIGHTING FIXTURES (INCLUDING BETALED® TECHNOLOGY; TRUEWHITE® TECHNOLOGY; AND ESSENTIA® FIXTURES) This limited warranty is provided by the Cree company described below ("Seller") to you as the original purchaser of the LED lighting product that is identified on Seller's invoice reflecting its original purchase (the "Product"). The Seller is the Cree Company identified as such on the invoice. This limited warranty may be transferred to subsequent purchasers of the Product, provided that such Product is resold in new condition and in its original packaging. Seller warrants that the Product, when delivered in new condition and in its original packaging, will be free of defects in material and workmanship for a period of TEN (10) YEARS from the date of original purchase. The determination of whether the Product is defective shall be made by Seller in its sole discretion with consideration given to the overall performance of the Product. A Product shall not be considered defective solely as a result of the failure of individual LED components to emit light if the number of inoperable components is less than 10% of the total number of LED components in the Product. If Seller determines the Product is defective, Seller will elect, in its sole discretion, to refund you the purchase price of the Product, repair the Product or replace the Product. This limited warranty will not apply to loss or damage to the Product caused by: negligence; abuse; misuse; mishandling; improper installation, storage or maintenance; damage due to fire or acts of God; vandalism; civil disturbances; power surges; improper power supply; electrical current fluctuations; corrosive environment installations; induced vibration; harmonic oscillation or resonance associated with movement of air currents around the Product; alteration; accident; failure to follow installation, operating, maintenance or environmental instructions prescribed by Seller or applicable electrical codes; or improper service of the Product performed by someone other than Seller or its authorized service provider. This limited warranty excludes field labor and service charges related to the repair or replacement of the Product. THIS LIMITED WARRANTY IS VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT IS DESIGNED. Seller reserves the right to utilize new, reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part, as determined by Seller in its sole discretion, and warranted for the remainder of the original warranty period. In order to make a warranty claim, you must notify Seller in writing within sixty (60) days after your discovery of the defect, provide proof of purchase such as the invoice and comply with Seller's other warranty requirements. Upon receiving that notice, Seller may require you to promptly return the Product to Seller, or its authorized service provider, freight prepaid. Your warranty claim should be addressed to Cree c/o Ruud Lighting, Inc., 9201 Washington Avenue, Racine, WI 53406. This limited warranty only applies to specified LED fixtures. Any warranties applicable to finish, poles, lamps, CR Series downlights, LR24™ troffers, certain BetaLED® Technology outdoor fixtures (specifically Class II as defined per IEC/EN60598), backup batteries, controls, occupancy sensors, photocells and other fixture accessories can be found at www.cree.com/lighting/products/warranty. 71 Agreement No: SLT-102.1 Saratoga PO #: Page 7 of 8 THE FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL IN ANY EVENT BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT. This warranty is effective for purchases of Product on or after the effective date set forth below. Seller reserves the right to modify this warranty from time to time. Any modification of this warranty shall be effective for all orders placed with Seller on or after the effective date of such revised warranty. 72 Agreement No: SLT-102.1 Saratoga PO #: Page 8 of 8 SCHEDULE 2 TO EXHIBIT C WARRANTY FOR SUN-TECH LIGHTING CONTROLS 73 Non-binding price estimate to be used for budgetary purposes only City of: Date of this estimate:9-Jun-2017 Expiration date of this estimate:9-Jul-2017 Number of Lights to be Replaced Voltage Type Wattage (Nominal/A ctual)Rate Suggested Replacement LED Wattage 1 120 HPS 70/85 LS-2 29 2 120 HPS 70/85 LS-2 34 1 120 HPS 100/120 LS-2 34 1 120 HPS 100/120 LS-2 73 1 240 HPS 70/100 LS-2 56 1 240 HPS 150/201 LS-2 101 48 240 HPS 200/237 LS-2 73 1 240 HPS 200/237 LS-2 101 11 240 HPS 250/293 LS-2 101 2 240 HPS 250/293 LS-2 125 2 240 HPS 400/451 LS-2 125 5 175/199 LS-2 34 5 400/445 LS-2 73 81 Total Project Price:$43,269 Total PG&E Rebates:$4,710 Net Estimated Price:$38,559 The rebates are subject to funding availability and are administered on a first come, first-serve basis. If rebate funding is depleted, customer must pay Total Project Price. Energy cost savings in first year*:$9,275 Energy savings (kWh/year):52,338 CO2 reduction (lbs/year):27,425 Avoided maintenance expenses in first year**:$567 Simple Payback (Energy Only):4.16 *Project Price Notes: Price includes purchase of requested street lights, installation and field verification of installed lights, rate change and rebate application processing. No permitting costs included in total project price. Project price assumes all lights to be replaced will be cobra head fixtures and will not include post top, shoe box, tear drop, or decorative fixtures Project price assumes all street lights to be replaced are currently in operating condition. Project price assumes no restrictions on installations will be made (e.g.--heavy traffic area, special hours for installation, etc.) Project price assumes all street lights to be replaced are at an operating voltage between 120-240 volts AC. Notes: *Future year savings will grow with the expected increase in electricity and labor costs. **Avoided maintenance expenses are compared to maintaining HPSV lights. ***The street light manufacturer is CREE LED. Assumptions: » 4100 operating hours annually » $0.15874/kWh electricity cost » 0.524 lbs/kWh emission factor » $26 per year maintenance cost for HPSV » $19 per year average maintenance cost for LED » City has full jurisdiction over street lights Merc Vapor PG&E LED Street Light Turnkey Replacement Service Saratoga Merc Vapor 74 On-Bill Financing for Energy Efficiency Upgrades Zero-interest financing for business customers Energy efficiency upgrades are a great way for businesses to lower their energy use and reduce monthly bills. PG&E can help you make facility improvements without high interest costs. Pacific Gas and Electric Company What is On-Bill Financing? • The Energy Efficiency Retrofit Loan Program, also known as On-Bill Financing, helps eligible customers pay for energy efficiency retrofit projects with zero interest, zero penalty loans. • The program works in conjunction with PG&E’s energy efficiency rebate and incentive programs by eliminating up-front costs. • After project completion, PG&E will lend the money for the retrofit, and the customer will pay the loan—interest free—through their monthly utility bills. How much can businesses and agencies borrow? • Business customers may qualify for loans between $5,000 and $100,000 per service address, with loan periods of up to 60 months. • Government agencies may qualify for loans between $5,000 and $250,000 per service address, with loan periods of up to 120 months. • Loan funds must be used to purchase and install qualifying energy efficient equipment. What kinds of projects are eligible? Financing is available to fund many energy efficient technology upgrades, including LED lighting, refrigeration, HVAC, food service and LED streetlight projects. To qualify, a project’s total cost savings must be sufficient to repay the loan within the maximum loan term limits, and the project must qualify for a rebate or incentive through a PG&E program. Customers may install the equipment themselves or hire a contractor to perform the work. PG&E may need to inspect the site before the old equipment is removed and may perform another inspection upon project completion. Program benefits for business customers: • Financing from $5,000 to $100,000 of the project cost, after incentives • Loan terms up to five years • Zero interest • No minimum credit requirements • Loan repayment is based on projected energy savings 75 Project cost $10,000 Energy efficiency rebates and/or incentives ($2,500) Loan amount (remaining costs to be funded) $7,500 Estimated monthly energy savings from retrofit $300 Monthly loan installment billed on PG&E utility bill $300 Simple payback period (loan amount divided by monthly payment amount) 25 months How is the loan term calculated? To qualify for financing through the On-Bill Financing Program, a project’s estimated energy savings must be sufficient to repay the loan during the maximum allowable payment term. The monthly payment is calculated based on estimated monthly energy savings. For example: The loan terms for the customer in this example would be $300 per month for 25 months. If a business customer closes a PG&E account before the loan term ends—for example if a business closes or moves to a new location—the business must pay off its loan balance when the final bill is settled. Does your business or agency qualify? Before beginning your retrofit project, contact PG&E to make sure your energy efficiency upgrades qualify for On-Bill Financing. To be eligible, customers must have a PG&E account that has been continuously active for the past 24 months and has been in good standing for the past 12 months. Business customers are also subject to a payment history screening. Next Steps To find out more information about the On-Bill Financing Program and to check your eligibility, contact your PG&E Account Manager through the Business Customer Service Center at 1-800-468-4743, or visit pge.com/obf. “PG&E” refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. ©2015 Pacific Gas and Electric Company. All rights reserved. On-Bill Financing is provided to eligible PG&E customers on a first-come, first-served basis until program funds are no longer available. These offerings are funded by California utility customers and administered by PG&E under the auspices of the California Public Utilities Commission. PG&E prints its materials with soy-based inks on recycled paper. January 2015 CSB-0115-3360 76 SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager SUBJECT:Ordinance Authorizing Levying Special Taxes in the Arrowhead Community Facilities District RECOMMENDED ACTION: Waive the second reading and adopt the attached ordinance authorizing levying a special tax on properties in the Arrowhead Community Facilities District. BACKGROUND: At the June 7, 2017 City Council Meeting, the City Council conducted a public hearing on the Measure L (Arrowhead) election results and on the attached ordinance authorizing levying special taxes in the Arrowhead Community Facilities District. The City Council adopted a resolution declaring the results of the Measure L election, introduced the ordinance, and directed that the ordinance be placed on the Consent Calendar of the June 21, 2017 City Council meeting for adoption. Adoption of the ordinance is needed to proceed with efforts to help the Arrowhead neighborhood make the transition to San Jose Water Company and dissolve the neighborhood’s private water company, which has been serving the homes in the area since 1951. ADVERTISING, NOTICING AND PUBLIC CONTACT: A notice advertising this public hearing was published in the San Jose Mercury News on May 26, 2017.A summary of the ordinance was published in the Saratoga News on June 16, 2017. A second summary of the ordinance will be printed in the Saratoga News on June 30, 2017, if the ordinance is adopted. ATTACHMENTS: Attachment A –Ordinance Special Election on Authorizing Levying a Special Tax on Properties in the Arrowhead Community Facilities District 77 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF SARATOGA LEVYING SPECIAL TAXES WITHIN CITY OF SARATOGA COMMUNITY FACILITIES DISTRICT NO. 2016-1 (ARROWHEAD PROJECT) WHEREAS, on November 2, 2016, the City Council (the “City Council”) of the City of Saratoga, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Law”), adopted a resolution entitled “A Resolution of the City Council of the City of Saratoga of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” stating its intention to establish City of Saratoga Community Facilities District No. 2016-1 (Arrowhead Project) (the “Community Facilities District”) and to finance certain public facilities (the “Facilities”) and setting the date for a public hearing to be held on the establishment of the Community Facilities District; WHEREAS, on December 7, 2016, the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Law, which was continued until December 21, 2016; WHEREAS, subsequent to the close of said hearing, on December 21, 2016, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Saratoga, of Formation of City of Saratoga Community Facilities District No. 2016-1 (Arrowhead Project), Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District” (the “Resolution of Formation”), “A Resolution of the City Council of the City of Saratoga, Deeming it Necessary to Incur Bonded Indebtedness within City of SaratogaCommunity Facilities District No. 2016-1 (Arrowhead Project)” and “A Resolution of the City Council of the City of Saratoga, Calling Special Election for City of Saratoga Community Facilities District No. 2016-1 (Arrowhead Project),” which resolutions established the Community Facilities District, authorized the levy of a special tax within the Community Facilities District and called an election within the Community Facilities District on the proposition of incurring indebtedness, levying a special tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities District, respectively; and WHEREAS, on May 2, 2017, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Law; THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1.The City Council hereby authorizes and levies special taxes within the Community Facilities District pursuant to the Law, at the rate and in accordance with the method of apportionment set forth in Exhibit A to the Resolution of Formation (the ‘‘Rate and Method of Apportionment”). The special taxes are hereby levied commencing in fiscal year 2017-18 and in each fiscal year thereafter until the last fiscal year in which such special taxes are authorized to be levied pursuant to the Rate and Method of Apportionment. Section 2.The City Council, or their designee, may, in accordance with subdivision (b) of Section 53340 of the Law, provide, by resolution, for the levy of the special tax in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the special tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method of Apportionment.78 Section 3.The special tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method of Apportionment. Section 4.The proceeds of the special tax shall only be used to pay, in whole or in part, the cost of providing the Facilities and incidental expenses pursuant to the Act. Section 5.The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless another procedure is adopted by the City Council. Section 6.If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the Community Facilities District, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the Community Facilities District shall not be affected. Section 7.This Ordinance shall take effect and shall be in force 30 days after the date of its adoption and prior to the expiration of 15 days from the passage thereof shall be published at least once in The Mercury News, a newspaper of general circulation, printed and published in the City of Saratoga, together with the names of the City Council members voting for and against the same. 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 June 7, 2017 and was adopted by the following vote on June 21, 2017. COUNCIL MEMBERS: AYES: NOES: ABSENT: ABSTAIN: SIGNED: Emily Lo MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Crystal Bothelio, CITY CLERK APPROVED AS TO FORM: DATE: Richard Taylor, CITY ATTORNEY 79 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA )SS CITY OF SARATOGA ) I, Crystal Bothelio, City Clerk of the City of Saratoga, hereby certify, under penalty of perjury, that I caused the posting of Ordinance No. _____ in the public notice display case in front of the Council Chamber, at 13777 Fruitvale Avenue, Saratoga. ______________________________________ City Clerk DATE: _____________ 80 Page 1 of 1 SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:Public Works PREPARED BY:Macedonio Nunez, Associate Engineer ______ SUBJECT: Resolution of Local Support for the Metropolitan Transportation Commission’s OneBayArea Grant Cycle 2 (OBAG 2) Program funding of the Saratoga Village Crosswalks and Sidewalk Rehabilitation Project. RECOMMENDED ACTION: Adopt Resolution supporting the Metropolitan Transportation Commission’s OneBayArea Grant Cycle 2 (OBAG 2) Program funding application for the Saratoga Village Crosswalks and Sidewalk Rehabilitation Project. BACKGROUND: In July 2016, Public Works staff applied for a Metropolitan Transportation Commission’s (MTC) grant for the OneBayArea Grant Cycle 2 (OBAG 2) Program. These funds are part of the Guarantee side of the OBAG 2 grant program and can be used in a non-Priority Development Area (PDA) like the Saratoga Village. The VTA Board of Directors approved the OBAG 2 grants on January 5, 2017. The grant amount approved for the City’s Project is $338,000. The City’s required local match is $44,000, which is 11.47% of the estimated total Project cost of $382,000. The City is required to submit a Resolution of Local Support approved by the City Council before July 31, 2017 in order to receive the funds. The Resolution is attached as Attachment A. Saratoga Village Crosswalks and Sidewalk Rehabilitation Project Limits: On Big Basin Way between 6 th Street and Highway 9 Detailed Description: This project will install curb bulb-outs and crosswalks at 6 th Street, 5th Street and mid-block at the Saratoga Village Center similar to the existing curb bulb-outs and crosswalks at 3rd and 4th Street. This project will also remove and replace any sidewalk, curb and gutter along Saratoga Village which is deteriorating or a tripping hazard. The curb bulb-outs and crosswalks at 6 th Street, 5th Street and mid-block is part of the Saratoga Village Master Plan and these elements of the plan have already been designed (See Attachment B Saratoga Village Pedestrian Enhancement Plans) ATTACHMENTS: Attachment A – Resolution Attachment B – Saratoga Village Pedestrian Enhancement Plans 81 Resolution of Local Support Resolution No. 17-_____ Authorizing the filing of an application for funding assigned to MTC and committing any necessary matching funds and stating assurance to complete the project WHEREAS, The City of Saratoga (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $338,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Saratoga Village Crosswalks and Sidewalk Rehabilitation (herein referred to as PROJECT) for the OneBayArea Grant Cycle 2 (OBAG2) Program (herein referred to as PROGRAM); and WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set- aside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: the commitment of any required matching funds; and that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and 82 the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application. NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further RESOLVED that APPLICANT will provide any required matching funds; and be it further RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing 83 resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and be it further RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming. 84 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21 th day of June 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Emily Lo, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 85 SheetsofProject North DRAWN: PROJECT NAME: PROJECT NUMBER: PROJECT FILE: DATE: Scale: CHECK: 0 W W W . D G A T E S . C O M TEL: 925.736.8176 FAX: 925.838.8901 LAND PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE 2671 CROW CANYON RD, SAN RAMON, CA. 94583 GATES & ASSOCIATES DATE:REVISION:DESCRIPTION: Saratoga Village Pedestrian Enhancement Saratoga Village July 12, 2013 P4288 74 JS KC 6-15-201265% CD SET Streetscape Work Saratoga, CA 95% CD SET 12-12-2012 5-21-2013 BID SET 7-12-2013 TITLE SHEET DG C-SARATOGA VILLAGE P2.DWG TS-1 1 SARATOGA VILLAGE PEDESTRIAN ENHANCEMENT STREETSCAPE WORK CITY OF SARATOGA SARATOGA, CALIFORNIA APPROVED BY: MACEDONIO NUNEZ, P.E. ASSOCIATE ENGINEER CITY OF SARATOGA - PUBLIC WORKS R.C.E. NO. 67482, LIC. EXP. 06-30-15 DATE: FEDERAL NO. CML - 5332 (019) N.T.S. BIG BASIN WAY BIG BASIN W A Y 4TH STREET3RD STREETSARATOGA LOS GATOS RD.SUNNYVALE SARATOGA ROAD5TH STREET6TH STREETBI G B A S I N W A Y 86 BIG BASIN WAY BIG BASIN W A Y SheetsofProject North DRAWN: PROJECT NAME: PROJECT NUMBER: PROJECT FILE: DATE: Scale: CHECK: 0 W W W . D G A T E S . C O M TEL: 925.736.8176 FAX: 925.838.8901 LAND PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE 2671 CROW CANYON RD, SAN RAMON, CA. 94583 GATES & ASSOCIATES DATE:REVISION:DESCRIPTION: Saratoga Village Pedestrian Enhancement Saratoga Village July 12, 2013 P4288 74 JS KC 6-15-201265% CD SET Streetscape Work Saratoga, CA 95% CD SET 12-12-2012 5-21-2013 BID SET 7-12-2013 LA LAYOUT PLAN DG L-SARATOGA VILLAGE.DWG 20105 1"=10'-0" KEY MAPNTS LA2.4 BIG BASIN WAY @ MIDBLOCK LAYOUT PLAN 43FIFTH AVE.FOURTH AVE.THIRD AVE.MIDBLOCKSARATOGA - LOS GATOSSARATOGA - SUNNYVALESIXTH AVE.BIG BASIN WAY BIG BASIN WAY S A R A T O G A 87 BI G B A S I N W A Y BIG BASIN WAY FIFTH STREETL.O.W. L.O . W . L.O.W. L. O . W . SheetsofProject North DRAWN: PROJECT NAME: PROJECT NUMBER: PROJECT FILE: DATE: Scale: CHECK: 0 W W W . D G A T E S . C O M TEL: 925.736.8176 FAX: 925.838.8901 LAND PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE 2671 CROW CANYON RD, SAN RAMON, CA. 94583 GATES & ASSOCIATES DATE:REVISION:DESCRIPTION: Saratoga Village Pedestrian Enhancement Saratoga Village July 12, 2013 P4288 74 JS KC 6-15-201265% CD SET Streetscape Work Saratoga, CA 95% CD SET 12-12-2012 5-21-2013 BID SET 7-12-2013 LA LAYOUT PLAN DG L-SARATOGA VILLAGE.DWG 20105 1"=10'-0" KEY MAPNTS LA2.5 BIG BASIN WAY @ FIFTH STREET DIMENSIONAL LAYOUT PLAN 44FIFTH AVE.FOURTH AVE.THIRD AVE.MIDBLOCKSARATOGA - LOS GATOSSARATOGA - SUNNYVALESIXTH AVE.BIG BASIN WAY BIG BASIN WAY S A R A T O G A 88 BI G B A S I N W A Y SIXTH STREETBI G B A S I N W A Y L. O . W . L.O.W. L.O.W. L. O . W . L. O . W . L.O.W.L.O.W.SheetsofProject North DRAWN: PROJECT NAME: PROJECT NUMBER: PROJECT FILE: DATE: Scale: CHECK: 0 W W W . D G A T E S . C O M TEL: 925.736.8176 FAX: 925.838.8901 LAND PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE 2671 CROW CANYON RD, SAN RAMON, CA. 94583 GATES & ASSOCIATES DATE:REVISION:DESCRIPTION: Saratoga Village Pedestrian Enhancement Saratoga Village July 12, 2013 P4288 74 JS KC 6-15-201265% CD SET Streetscape Work Saratoga, CA 95% CD SET 12-12-2012 5-21-2013 BID SET 7-12-2013 LA LAYOUT PLAN DG L-SARATOGA VILLAGE.DWG 20105 1"=10'-0" KEY MAPNTS LA2.6 BIG BASIN WAY @ SIXTH STREET LAYOUT PLAN 45FIFTH AVE.FOURTH AVE.THIRD AVE.MIDBLOCKSARATOGA - LOS GATOSSARATOGA - SUNNYVALESIXTH AVE.BIG BASIN WAY BIG BASIN WAY S A R A T O G A 89 BIG BASIN WAY BIG BASIN W A Y SheetsofProject North DRAWN: PROJECT NAME: PROJECT NUMBER: PROJECT FILE: DATE: Scale: CHECK: 0 W W W . D G A T E S . C O M TEL: 925.736.8176 FAX: 925.838.8901 LAND PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE 2671 CROW CANYON RD, SAN RAMON, CA. 94583 GATES & ASSOCIATES DATE:REVISION:DESCRIPTION: Saratoga Village Pedestrian Enhancement Saratoga Village July 12, 2013 P4288 74 JS KC 6-15-201265% CD SET Streetscape Work Saratoga, CA 95% CD SET 12-12-2012 5-21-2013 BID SET 7-12-2013 PLANTING PLAN DG L-SARATOGA VILLAGE.DWG 20105 1"=10'-0" KEY MAPNTS LA3.3 BIG BASIN WAY @ MIDBLOCK PLANTING PLAN 49FIFTH AVE.FOURTH AVE.THIRD AVE.MIDBLOCKSARATOGA - LOS GATOSSARATOGA - SUNNYVALESIXTH AVE.BIG BASIN WAY BIG BASIN WAY S A R A T O G A 90 BI G B A S I N W A Y BIG BASIN WAY FIFTH STREETL.O.W. L.O . W . L.O.W. L. O . W . SheetsofProject North DRAWN: PROJECT NAME: PROJECT NUMBER: PROJECT FILE: DATE: Scale: CHECK: 0 W W W . D G A T E S . C O M TEL: 925.736.8176 FAX: 925.838.8901 LAND PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE 2671 CROW CANYON RD, SAN RAMON, CA. 94583 GATES & ASSOCIATES DATE:REVISION:DESCRIPTION: Saratoga Village Pedestrian Enhancement Saratoga Village July 12, 2013 P4288 74 JS KC 6-15-201265% CD SET Streetscape Work Saratoga, CA 95% CD SET 12-12-2012 5-21-2013 BID SET 7-12-2013 PLANTING PLAN DG L-SARATOGA VILLAGE.DWG 20105 1"=10'-0" KEY MAPNTS LA3.4 BIG BASIN WAY @ FIFTH STREET DIMENSIONAL PLANTING PLAN 50FIFTH AVE.FOURTH AVE.THIRD AVE.MIDBLOCKSARATOGA - LOS GATOSSARATOGA - SUNNYVALESIXTH AVE.BIG BASIN WAY BIG BASIN WAY S A R A T O G A 91 BI G B A S I N W A Y SIXTH STREETBI G B A S I N W A Y L. O . W . L.O.W. L.O.W. L. O . W . L. O . W . L.O.W.L.O.W.SheetsofProject North DRAWN: PROJECT NAME: PROJECT NUMBER: PROJECT FILE: DATE: Scale: CHECK: 0 W W W . D G A T E S . C O M TEL: 925.736.8176 FAX: 925.838.8901 LAND PLANNING URBAN DESIGN LANDSCAPE ARCHITECTURE 2671 CROW CANYON RD, SAN RAMON, CA. 94583 GATES & ASSOCIATES DATE:REVISION:DESCRIPTION: Saratoga Village Pedestrian Enhancement Saratoga Village July 12, 2013 P4288 74 JS KC 6-15-201265% CD SET Streetscape Work Saratoga, CA 95% CD SET 12-12-2012 5-21-2013 BID SET 7-12-2013 PLANTING PLAN DG L-SARATOGA VILLAGE.DWG 20105 1"=10'-0" KEY MAPNTS LA3.5 BIG BASIN WAY @ SIXTH STREET PLANTING PLAN 51FIFTH AVE.FOURTH AVE.THIRD AVE.MIDBLOCKSARATOGA - LOS GATOSSARATOGA - SUNNYVALESIXTH AVE.BIG BASIN WAY BIG BASIN WAY S A R A T O G A 92 Page 1 of 1 / SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:Public Works PREPARED BY:Macedonio Nunez, Associate Engineer ______ SUBJECT: Resolution of Surplus Land Act to receive funding from the Metropolitan Transportation Commission’s OneBayArea Grant Cycle 2 (OBAG 2) Program for the Saratoga Village Crosswalks and Sidewalk Rehabilitation Project. ______ RECOMMENDED ACTION: Adopt Resolution of Surplus Land Act to receive funding from the Metropolitan Transportation Commission’s OneBayArea Grant Cycle 2 (OBAG 2) Program for the Saratoga Village Crosswalks and Sidewalk Rehabilitation Project. BACKGRAOUND: In July 2016, Public Works staff applied for a Metropolitan Transportation Commission’s (MTC) grant for the OneBayArea Grant Cycle 2 (OBAG 2) Program. These funds are part of the Guarantee side of the OBAG 2 grant program and can be used in non-Priority Development Area (PDA) like the Saratoga Village. The VTA Board of Directors approved the OBAG 2 grants on January 5, 2017. The grant amount approved for the City’s Project is $338,000. The City is required to submit a Surplus Land Act Resolution approved by the City Council before July 31, 2017 in order to receive the funds. The Community Development Department has determined and confirmed that the City of Saratoga does not have any Surplus Land, but the City is still required to adopt the Surplus Land Act Resolution. The Resolution is attached as Attachment A. FISCAL IMPACTS: If the Surplus Land Act Resolution is not approved then City will not receive the OBAG2 grant of $338,000 ATTACHMENTS Attachment A - Resolution 93 Resolution No. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO COMPLY WITH ASSEMBLY BILL 2135 OF 2014, SURPLUS LAND ACT WHEREAS,the San Francisco region has the highest housing costs in the United States; and WHEREAS,the Bay Area produced less than 30% of the need for low- and moderate- income housing units from 2007-2014; and WHERAS,there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and WHERAS,public lands can play a critical role in increasing the supply of land for affordable housing; WHERAS,the Metropolitan Transportation Commission adopted Resolution No. 4202, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 2), including certain requirements to access these funds; NOW, THEREFORE, BE IT RESOLVED, by the City Council of City of Saratoga, State of California, as follows: That the City of Saratoga agrees to comply with the terms of Surplus Land Act - Assembly Bill 2135 of 2014 (California Government Code § 54220, et seq.), as exists now or may be amended in the future. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, on June 21, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Emily Lo, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 901280.2 94 SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:Public Works PREPARED BY:Iveta Harvancik, Senior Engineer SUBJECT:Joe’s Trail Certification as a Segment of the Juan Bautista de Anza National Historic Trail RECOMMENDED ACTIONS: Approve Partnership Certification Agreement between the National Park Service and the City of Saratoga for Joe’s Trail certification as a segment of the Juan Bautista de Anza National Historic Trail and authorize the City Manager to execute the same. REPORT SUMMARY: Saratoga’s Joe’s Trail is located within the Juan Bautista de Anza National Historic Trail corridor. Historic documents show Juan Bautista de Anza expedition traversed Santa Clara County enroute from Monterey to San Francisco and camped at Arroyo of San Joseph Cupertino on March 25, 1776.The site is marked as Campsite 93 by National Park Service and is nearly adjacent to Joe’s trail trailhead at Saratoga-Sunnyvale Road. National Park Service (NPS) is offering trail certification program to trail segments open to public located within the historic route corridor. Benefits of the certification include NPS assistance in research, potential preferred project funding when available and assistance in competing for outside funding. If certified, NPS will provide an interpretive sign and smaller trail insignia for Joe’s trail. Additional information will be provided by National Park Service staff in a powerpoint presentation. It is recommended the Council approve the Partnership Certification Agreement. In addition, the certification is supported by the City Trails Committee. ATTACHMENTS: Attachment A –Partnership Certification Agreement Attachment B –Support Letter from Pedestrian, Equestrian and Bicycle Trails Advisory Committee 95 EXPERIENCE YOUR AMERICA The National Park Service cares for special places saved by the American people so that all may experience our heritage. National Park Service U.S. Department of the Interior Juan Bautista de Anza National Historic Trail 333 Bush Street, Suite 500 San Francisco, CA 94104 415-623-2343 phone Partnership Certification Agreement Between the National Park Service and the City of Saratoga 13777 Fruitvale Avenue, Saratoga, CA 95070 | Santa Clara County GENERAL This agreement represents the Secretary of the Interior’s certification of a partnership, under section 7(h) of the National Trails System Act, that Joe’s Trail, operated by the City of Saratoga, owned by Pacific Gas & Electric, and located within the City of Saratoga meets the national historic trail criteria established by the National Trails System Act and any supplemental criteria prescribed by the Secretary of the Interior. The National Park Service and the City of Saratoga agree voluntarily to strive to achieve the highest level of visitor appreciation of trail resources, as provided for in the Comprehensive Management and Use Plan for the Juan Bautista de Anza National Historic Trail for “… the identification and protection of the historic route and its historic remnants and artifacts for public use and enjoyment.” (National Trails System Act 16 U.S.C. – 1241 et seq. Section 3(a)(3)). Through this agreement, the National Park Service and City of Saratoga agree to work jointly on planning, interpreting, resource management, and other matters that related to the Juan Bautista de Anza National Historic Trail along Joe’s Trail and strive to meet the goals and objectives of the Anza Trail. The Pacific Gas & Electric Company retains all legal rights to the property, and nothing in this agreement is to construed as granting any legal authority to the National Park Service over the property or any action by Pacific Gas & Electric and the City of Saratoga. The agreement may be canceled by either party at any time by providing written notice to the other party. The National Park Service agree, whenever possible, to identify issues or concerns to allow for resolution. This agreement will remain in effect unless cancelled by either party, or until the ownership of the property is transferred to another entity. TRAIL SEGMENT CERTIFICATION I hereby agree to a partnership with the National Park Service for Joe’s Trail, a certified trail segment of the Juan Bautista de Anza National Historic Trail. ___________________________________ _________________________ James Lindsay, City Manager Date City of Saratoga On behalf of the Secretary of the Interior, I agree to a partnership with the City of Saratoga and certification of 1.4 miles of trail as Juan Bautista de Anza National Historic Trail recreation retracement route. ___________________________________ _________________________ Naomi L. Torres, Superintendent Date Juan Bautista de Anza National Historic Trail 96 Trail Certification Agreement February 2016 Alameda and Contra Costa Counties, California 2 AGREEMENT APPENDICES A. Owner or Managing Authority Responsible for Trail Site The City operates the trail pursuant to easement from the underlying landowner, Pacific Gas & Electric, attached as Appendix F. Iveta Harvancik, Senior Engineer City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 Ph: 408/868.1274 Email: iharvancik@saratoga.ca.us B. Site Description and Historic Relationship to the Anza Trail Historic Relationship to the Trail. The expedition covered many miles in Santa Clara County, traversing the western county enroute from Monterey to San Francisco. Joe’s Trail is within the historic corridor and nearly adjacent to Campsite 93, Arroyo of San Joseph Cupertino. The segments cross many of the creeks and arroyos noted by expedition diarists. Description. Joe’s Trail is a decomposed granite trail, free for use to bikers and pedestrians. The trail is two segments, separated by Cox Ave (0.8 and 0.6 miles respectively) with three trailheads anchoring the trails. The segment is parallel to active Union Pacific railroad tracks (3-5 times per week) within the Pacific Gas and Electric right-of-way and separated by a fence. The City operates the trail pursuant to easement from the underlying landowner, Pacific Gas & Electric, attached as Exhibit G. The trail system is identified within the Santa Clara County Trails Master Plan and once built out to completion will connect with the Anza Trail bicycle recreation route. Currently, the bicycle route is approximately one mile away from the trail segment and cyclists can travel south on Saratoga Sunnyvale Rd. or Saratoga Avenue (Class II bike paths) from the existing trailheads to connect to the Anza Trail bicycle route. See Attachments: A. Anza Trail Pocket Map B. Saratoga Anza Trail Plan C. City of Saratoga Maps D. Anza Trail Comprehensive Management and Use Plan –Santa Clara County Map 3 C. Facilities, Use, Access, and Management Practices Existing and proposed recreation facilities. The City of Saratoga has provided wayfinding signage with the Anza Trail insignia along the trail and has multiple trailheads with parking. The trail is across the tracks from Congress Springs Park which has amenities available to trail users. The City plans to include the trail as a destination in order to promote the Anza Trail story. NPS can provide a small amount of Anza Trail historic trail markers to post at trailheads. 97 Trail Certification Agreement February 2016 Alameda and Contra Costa Counties, California 3 Existing and proposed interpretive facilities. The City of Saratoga has developed a one page trail map (Appendix B, Attachment A). The City also includes information about the Anza Trail on their signage. The City and NPS plan to install a wayside commemorating Campsite 93 along the trail. Public Access. The trail is open between sunrise and sunset. No fees are associated with trail use. Site maintenance. The City of Saratoga is responsible for trail maintenance as needed. Policies and regulations are described in the City of Saratoga Muncipal Code Chapter 11 – Parks and Recreation and the City Standard Management Plan. D. Legal and Policy Compliance To achieve and retain official site certification, any use, development, or resource management activity at the site will require compliance with all applicable environmental and historic resource protection laws as required for the segment to retain the certification. This agreement does not require compliance with such laws for any purpose other than retention of certification. The landowner remains responsible to the extent required by law for the potential liability, if any, for injury to the public resulting from physical conditions which may be on the landowner's land. By entering into this certification agreement, the National Park Service, the Department of the Interior and the United States Government assume no liability for any injury to the public resulting from the physical conditions which may be present on the land. The City of Saratoga retains all obligations and liabilities under law that would be in effect in the absence of this agreement. E. National Trails System Certification Program Attachment E F. Trail Agreement with Pacific Gas & Electric Attachment F 98 Rodeo CreekIA ú0.6 mi 0.8 mi IA IA Saratoga CreekúKevin Moran Park Azule P ark Congress Springs Park CITY OF SARATOGA Joe's Trail at Saratoga de Anza Ü Bicycles Yield to Pedestrians Slower Traffic Stay to the Right Pass on the Left Additional Saratoga Trail Maps are available at: saratoga.ca.us Pedestrian/Bicycle Trail ParkingIA This trail is a portion of Juan Bautista de Anza National Historic Trail. For in forma tion about this trail please visit National Park Se rvice website : nps.gov/juba. Attachment A 99 Attachment B 100 101 102 103 104 /HJHQG )Hhr & Peers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l )LJXUH &([LVWLQJDQG3URSRVHG7UDLOV 6DUDWRJD3D UNV 2WKHU3 DUN5 HVRXUFHV 3XEOLF 6FKRROV ([LVWLQJ &LW\7UDLOV 3URSRVHG &LW\7UDLOV 2WKHU ([LVWLQJ 3XEOLF 7UDLOV 2WKHU 3URSRVHG 3XEOLF 7UDLOV &LW\/LPLWV 6SKHUH RI,QIOXH $FURVV%DUULHU&RQQHFWLRQV QFH QQQQQWDDDDDDUUUUPPHHQQQQWW DDD )HHW &LW\RI6DUDWRJD&L UFXODWLRQDQG6FHQLF+LJKZD\(OHPHQW Attachment C 105 Attachment D 106 National Trails System Certification Program Certification Evaluation Form (required) Evaluator: Name: ________________________________ Date: ________________________________ Property Name: ________________________________ County: ________________________________ Primary Contact: Secondary Contact (optional) Authority: _________________________________ Address: _________________________________ _________________________________ Telephone: _________________________________ Fax: _________________________________ Contact: _________________________________ E-mail: _________________________________ Contact is: owner designated manager other: Authority: _________________________________ Address: _________________________________ _________________________________ Telephone: _________________________________ Fax: _________________________________ Contact: _________________________________ E-mail: _________________________________ Contact is: owner designated manager other: Property: Owner’s name and contact (if different from contact) Authority: _________________________________ Address: __________________________________________________________________ Telephone: _________________________________ Fax: _________________________________ Contact: _________________________________ E-mail: _________________________________ 1. Property is (check all that apply): an historic site a trail segment (> ½ mile), an interpretive facility 2. National Historic Trail(s) associated with the property: Juan Bautista de Anza National Historic Trail other: _________________________________ In the opinion of the evaluator, this property meets all criteria for certification as part of an authorized national historic trail. __________________________________________ ________________________ Signature (agency evaluator) Date BriAnna Weldon January 12, 2016 Joe's Trail at Saratoga de Anza, City of Saratoga Santa Clara County City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 408/868-1274 408/868-1274 Iveta Harvancik, Senior Engineer iharvancik@saratoga.ca.us Pacific Gas and Electric (see Appendix F) January 12, 2016 ✔Designated Staff ✔ ✔ Attachment E 107 Attachment F 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager SUBJECT:Status Report on Senior Transportation Pilot Program RECOMMENDED ACTION: Receive report. BACKGROUND: At the April 5, 2017 City Council Meeting, the City Council approved designating $20,000 in the Fiscal Year 2017/18 budget to participate in a senior transportation pilot program in partnership with the County, Valley Transportation Authority (VTA), the Saratoga Area Senior Coordinating Council (SASCC), West Valley Community Services (WVCS), and the five West Valley Cities, including Saratoga, Cupertino, Campbell, Los Gatos, and Monte Sereno. The pilot program is expected to operate similarly to Avenidas in Palo Alto. Seniors over the age of 60 living in the West Valley Cities will be able to schedule rides within the West Valley area, as well to and from a few key locations outside of the primary service area. The program will be managed and operated by SASCC and WVCS through trip coordinators who will work with part- time drivers and volunteer drivers to arrange transportation for program participants. Riders will be charged a flat rate for each ride. The program is expected to operate Monday through Friday from 8:00 a.m. to 5:00 p.m. Reservations will be required at least 36 hours in advance and rides will be subsidized for riders who meet U.S. Department of Housing and Urban Development criteria for low, very low, and extremely low income in Santa Clara County. The County of Santa Clara and VTA have both committed $84,000 each to the program and the West Valley Cities have also been asked to collectively contribute $82,000. The contribution amount of each city is based on percentage of West Valley seniors living within each city. Below is the breakdown of contribution levels. Most of the agencies have or will soon approve funding for the pilot in their Fiscal Year 2017/18 budgets. Agency Funding Level County of Santa Clara $84,000 VTA $84,000 City of Cupertino $22,000 124 City of Saratoga $19,000 Town of Los Gatos $17,000 City of Campbell $16,000 City of Monte Sereno $8,000 Total $250,000 The County and West Valley cities have been in discussion regarding finalization of a funding agreement for the pilot program. The agreement is still in draft form, but the County is seeking to have it finalized and executed by July 1, 2017. Additionally, the County is working with both SASCC and WVCS to finalize an agreement, including the transportation pilot program scope. Representatives of SASCC and WVCS have been invited to the June 21, 2017 City Council Meeting to present the most current program details. 125 SARATOGA CITY COUNCIL MEETING DATE:June 21, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager SUBJECT:Off-Site Signage in Residential Districts RECOMMENDED ACTION: Receive report and direct staff accordingly. BACKGROUND: At the June 7, 2017 City Council Meeting, Vice Mayor Bernald with support from Council Member Miller requested a City Council agenda item on prohibiting temporary off-site signage in residential districts. An off-site sign is defined by City Code Section 15-30.020 as “an advertising sign that identifies or advertises a location, service, activity, or good sold” at another location. The vast majority of temporary off-site signs found in residential parts of the City are signs directing people to open houses and homes for sale. Other examples include garage sale or estate sale signs or signs advertising youth sports league enrollment. The City Code does not limit the content of these signs in any way. Currently, City Code Section 15.30.135 allows temporary off-site signs in residential areas if the signage meets the following criteria: -Signage must not exceed 2 square feet in area and 3 feet in height -No more than two identical signs per intersection are allowed -Signage may only be displayed between dawn and dusk -Signage may not include balloons, ribbons, streamers, or other attention getting devices -Signage may not be placed on property without permission of the owner -Signage is prohibited on medians, streets, in travel lanes, or on any sidewalk if it impedes pedestrian travel The City has made a concerted effort over the last year to bring greater awareness to temporary off-site signage regulations. This has included proactive, regular enforcement on rotating Saturdays, as well as outreach to realtors working within Saratoga. Despite these efforts, sign violations continue to occur. Since September, 157 temporary off-site signs have been found in violation of City Code. Signs frequently block pedestrian travel and are placed in the roadway, creating obstacles for both bicyclists and drivers. Even when signs are in compliance with the City’s rules, the collection of signage at intersections along arterial streets creates visual clutter. 126 Prohibiting temporary off-site signs in residential districts could be done through fairly simple language changes in City Code Section 15-30, shown in Attachment A. The draft language prohibits off-site signs in residential areas, while maintaining content neutral signage regulations that can be enforced without reading sign content. Since signage regulations fall within the City’s Zoning Code, an ordinance amending City Code 15-30 would require Planning Commission review prior to City Council consideration. ATTACHMENTS: Attachment A – Draft Ordinance Language Prohibiting Off-Site Signage in Residential Districts 127 Attachment A Draft Ordinance Language Prohibiting Off-Site Signage in Residential Districts 15-30.135 - Temporary off-site signs in residential districts. Temporary off-site signage is prohibited in all residential districts. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in residential districts without a permit: 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. 128