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Home My WebLink About09-04-2013 City Council agenda PacketTable of Contents Agenda 2 Heritage Tree Certificates of Appreciation Staff Report 7 Attachment A 9 Special Presentation on Bay Delta Conservation Plan Staff Report 15 City Council Meeting Minutes Staff Report 17 Attachment A: Minutes for Special and Regular City Council Meeting on August 21, 2013 19 Review of Accounts Payable Check Registers Staff Report 27 8/20/2013 Check Register 29 8/27/2013 Check Register 33 Agreement with Destination Saratoga Staff Report 37 Draft Agreement 39 Update to City of Saratoga Commission Handbook Staff Report 55 Attachment A: Updated Commission Handbook 57 2013 League of California Cities Annual Conference Resolutions Staff Report 112 Attachment A: 2013 League of California Cities Resolutions Packet 114 1 WEDNESDAY, SEPTEMBER 4, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on August 29, 2013) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Heritage Tree Certificates of Appreciation Recommended action: Present the Certificates of Appreciation to the Heritage Tree owners. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL 2 SPECIAL PRESENTATIONS 2. Special Presentation on Bay Delta Conservation Plan Recommended action: Listen to presentation by Santa Clara Valley Water District Board Chair Nai Hsueh on the Bay Delta Conservation Plan. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special and Regular City Council Meeting on August 21, 2013. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 8/20/2013 Period 2 8/27/2013 Period 2 PUBLIC HEARINGS None OLD BUSINESS None NEW BUSINESS 5. Agreement with Destination Saratoga Recommended action: Approve the one-year agreement. 6. Update to City of Saratoga Commission Handbook Recommended action: Approve the update to the Commission Handbook. 7. 2013 League of California Cities Annual Conference Resolutions Recommended action: Discuss the resolutions to be voted upon at the League of California Cities Annual Conference by designated voters of member agencies and provide the City of Saratoga’s voting delegate, Council Member Chuck Page, with input on the resolutions. 3 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Historical Foundation KSAR Community Access TV Board Village Ad Hoc West Valley Mayors and Managers Association Vice Mayor Emily Lo Hakone Foundation Board Let’s Move City Ad Hoc Library Joint Powers Authority Santa Clara Valley Water District Commission Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee Council Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Chamber of Commerce Council Finance Committee County HCD Policy Committee Destination Saratoga Liaison Highway 9 Ad Hoc Let’s Move City Ad Hoc Santa Clara County Emergency Council SASCC TEA Ad Hoc Council Member Chuck Page Association of Bay Area Governments Highway 9 Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee Sister City Liaison TEA Ad Hoc West Valley Sanitation District 4 CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT 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. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 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) Certificate of Posting of Agenda: I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on August 29, 2013, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 29th day of August 2013 at Saratoga, California. Crystal Bothelio, City Clerk 5 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 09/04 Regular Meeting – Joint Meeting with Parks and Rec/PEBTAC 09/18 Regular Meeting – Joint Meeting with West Valley Board of Trustees 10/02 Regular Meeting – 5:30 p.m. Joint Meeting with Saratoga School Districts 10/16 Regular Meeting – Joint Meeting with Hakone Foundation Board 11/06 Regular Meeting – Joint Meeting with Senator Jim Beall ,Assembly Member Paul Fong, and Supervisor Joe Simitian 11/20 Regular Meeting – Joint Meeting Sister City Committee 12/04 Regular Meeting – Joint Meeting with Library Commission and Friends of the Saratoga Libraries 12/18 Regular Meeting – Joint Meeting TBD CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2013 6 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 4, 2013 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: Dave Anderson Deputy City Clerk SUBJECT: Heritage Tree Certificates of Appreciation RECOMMENDED ACTION: Present the Certificates of Appreciation to the Heritage Tree owners. BACKGROUND: At the June 19, 2013 City Council Meeting, the Council approved Resolution 13-046, establishing the Heritage Tree Inventory and stating qualifications of what is a Heritage Tree. Seven owners of trees applied for Heritage Tree status and these trees were approved as Heritage Trees. The Heritage Preservation Commission requested that the City give the owners of the trees a Certificate of Appreciation for their participation in the Heritage Tree program. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The certificates would not be presented. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: 7 Page 2 of 2 Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Certificates of Appreciation 8 Dr. & Mrs. Chapman Certificate of Appreciation This certificate is awarded to: For their Heritage Tree on Beauchamps Lane – __________________________________ Jill Hunter, Mayor City of Saratoga A Coast Live Oak 9 Certificate of Appreciation This certificate is awarded to: Paul & Libby Conrado For their Heritage Tree on Bella Vina Six London Plane Trees _____________________ Jill Hunter, Mayor City of Saratoga 10 Certificate of Appreciation This certificate is awarded to: Nello & Ingelore Sevastopoulos For their Heritage Tree on Bonnie Brae Way Redwood _____________________ Jill Hunter, Mayor City of Saratoga 11 Certificate of Appreciation This certificate is awarded to: Robert & Danny Swanson For their Heritage Trees on Farwell Avenue Coast Live Oak, Stone Pine, two Valley Oak Trees _____________________ Jill Hunter, Mayor City of Saratoga 12 Certificate of Appreciation This certificate is awarded to: Glenn & Beverly Bennett For their Heritage Tree on Lolly Court Sycamore Tree _______________________ Jill Hunter, Mayor City of Saratoga 13 Certificate of Appreciation This certificate is awarded to: Van der Linde For the Heritage Tree on Merribrook Drive Ginkgo biloba ___________________ Jill Hunter, Mayor City of Saratoga 14 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 4, 2013 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Special Presentation on Bay Delta Conservation Plan RECOMMENDED ACTION: Listen to presentation by Santa Clara Valley Water District Board Chair Nai Hsueh on the Bay Delta Conservation Plan. BACKGROUND: The Bay Delta Conservation Plan (BDCP) is currently being developed by a variety of local water agencies, environmental and conservation groups, state and federal agencies, as well as interest groups to improve the health of the Delta ecosystem. According to the BDCP website: “The BDCP provides a regulatory vehicle for project proponents to agree to implement a suite of habitat restoration measures, other stressor reduction activities, and water operations criteria in return for regulatory agency approval of the necessary long-term permits for the various projects and water operations (covered activities) to proceed. The BDCP attempts to balance contributions to the conservation of species in a way that is feasible given the variety of important uses in the Delta including flood protection, agriculture, and recreation, to name a few.” Nai Hsueh, Chair of the Santa Clara Valley Water District Board of Directors, will be giving a presentation on the Bay Delta Conservation Plan to the City Council. Additional information about the BDCP is available online at http://baydeltaconservationplan.com/. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: 15 Page 2 of 2 N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: None 16 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 4, 2013 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve City Council minutes for the Special and Regular City Council Meeting on August 21, 2013. BACKGROUND: The draft minutes for the Special and Regular City Council Meeting on August 21, 2013 are attached to this report for Council review and approval. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 17 Page 2 of 2 ATTACHMENTS: Attachment A: Minutes for Special and Regular City Council Meeting on August 21, 2013 18 MINUTES WEDNESDAY, AUGUST 21, 2013 SARATOGA SPECIAL CITY COUNCIL MEETING The City Council held Closed Session at 5:30 p.m. in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. At 6:00 p.m., the Council held a Joint Meeting with the Saratoga Area Senior Coordinating Council (SASCC). SARATOGA REGULAR CITY COUNCIL MEETING Mayor Hunter called the meeting to order at 7:03 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Council Members Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk John Cherbone, Public Works Director Mary Furey, Finance and Administrative Services Director Michael Taylor, Recreation and Facilities Director Brian Babcock, Administrative Analyst I REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Crystal Bothelio reported that pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on August 15, 2013. REPORT FROM CLOSED SESSION Mayor Hunter stated that there was nothing to report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Trish Cypher spoke about Senate Bill 1 and urged the City Council to oppose the bill. Oral Communications - Council Direction to Staff None Communications from Boards and Commissions Susan Huff, Executive Director of SASCC, provided an overview of the City Council’s Joint Meeting with SASCC. She also showed a video about the SASCC adult day care program. 1 19 Council Direction to Staff None ANNOUNCEMENTS Council Member Miller announced programs offered in the 2013 Fall City of Saratoga Recreation Activity Guide. He also shared information about facilities that are available to be rented through the Recreation and Facilities Department. Council Member Lo reminded voters that August 27 is the deadline to submit mail-in ballots for the Measure A special election, which would renew the parcel tax that funds the Santa Clara County Library District. Mayor Hunter shared that the Historical Foundation will be holding Heritage Day on September 28, 2013 from 12:00 p.m. to 4:00 p.m. and the Annual Saratoga Historical Foundation barbeque will be held on September 29, 2013 from 4:30 p.m. to 7:00 p.m. at Hakone Gardens. Mayor Hunter then announced the City had been recognized for its Let’s Move City efforts and noted that Saratoga schools participate in the school breakfast and lunch program to provide students with low cost or free meal options that are healthy. She also announced that the City is recruiting for several City Commissions, applications are available online at www.saratoga.ca.us/comvac. CEREMONIAL ITEMS 1. Commendations for Deputies Lera and Weyhrauch (TIME CERTAIN 8:00 P.M.) Recommended action: Read and present commendations for Deputy Lera and Deputy Weyhrauch. At 8:00 p.m., Mayor Hunter presented the proclamations to Deputy Lera and Weyhrauch. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special and Regular City Council Meeting on July 3, 2013 and Special Meeting on June 7, 2010. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON JULY 3, 2013 AND SPECIAL MEETING ON JUNE 7, 2010. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 2 20 3. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 7/2/2013 Period 13 07/09/13 Period 13 7/2/2013 Period 1 07/09/13 Period 1 7/16/2013 Period 13 07/23/13 Period 13 7/16/2013 Period 1 07/23/13 Period 1 7/30/2013 Period 13 08/06/13 Period 13 7/30/2013 Period 1 08/06/13 Period 2 8/13/2013 Period 13 8/13/2013 Period 2 PAGE/MILLER MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 7/2/2013 PERIOD 13 07/09/13 PERIOD 13 7/2/2013 PERIOD 1 07/09/13 PERIOD 1 7/16/2013 PERIOD 13 07/23/13 PERIOD 13 7/16/2013 PERIOD 1 07/23/13 PERIOD 1 7/30/2013 PERIOD 13 08/06/13 PERIOD 13 7/30/2013 PERIOD 1 08/06/13 PERIOD 2 8/13/2013 PERIOD 13 8/13/2013 PERIOD 2 MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 4. Treasurer’s Report for the Month Ended June 30, 2013 Recommended action: Review and accept the Treasurer’s Report for the month ended June 30, 2013. PAGE/MILLER MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED JUNE 30, 2013. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 5. Clarification of Finance Position Title and Budget Adjustment Resolution Recommended action: Review staff report and approve budget adjustment resolution. RESOLUTION NO. 13-054 PAGE/MILLER MOVED TO APPROVE BUDGET ADJUSTMENT RESOLUTION. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 6. Amendment to Lease Agreement with the Saratoga Historical Foundation for Use of Storage Building in Congress Springs Park Recommended action: Approve resolution amending lease agreement with the Saratoga Historical Foundation for use of a storage building in Congress Springs Park. 3 21 Council Member Lo removed this item from the Consent Calendar to request additional information. Public Works Director John Cherbone addressed Council questions. RESOLUTION NO. 13-055 LO/PAGE MOVED TO APPROVE RESOLUTION AMENDING LEASE AGREEMENT WITH THE SARATOGA HISTORICAL FOUNDATION FOR USE OF A STORAGE BUILDING IN CONGRESS SPRINGS PARK. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 7. Final Map Approval for One Lot Tract Map, Tract 10162 for Condominium Purposes Located at 14651 Big Basin Way (Owner: Jonghoon John Kang) Recommended action: Move to adopt Resolution granting final map approval of tentative map application No. SUB 11-0003 for one lot Tract Map for condominium purposes, Tract 10162, located at 14651 Big Basin Way and authorize the City Manager to execute the Subdivision Improvement Agreement. RESOLUTION NO. 13-056 PAGE/MILLER MOVED TO ADOPT RESOLUTION GRANTING FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 11-0003 FOR ONE LOT TRACT MAP FOR CONDOMINIUM PURPOSES, TRACT 10162, LOCATED AT 14651 BIG BASIN WAY AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 8. Final Map Approval for Three-Lot Tract Map, Tract 10183, Consisting of Two Residential Lots and One Commercial Lot for Condominium Purposes, Located at 14639 Big Basin Way (Owner: Hong Bo Investment Group, LLC (Jie Yao)) Recommended action: Move to adopt Resolution granting final map approval of tentative map application No. SUB 13-0004 for Tract Map, Tract 10183, located at 14639 Big Basin Way. RESOLUTION NO. 13-057 PAGE/MILLER MOVED TO ADOPT RESOLUTION GRANTING FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 13-0004 FOR TRACT MAP, TRACT 10183, LOCATED AT 14639 BIG BASIN WAY. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 9. Resolution of Local Support for the Funding of the Prospect Road-Saratoga Avenue Corridor Improvements Project Recommended action: Adopt Resolution supporting the Funding Application for the Prospect Road-Saratoga Avenue Corridor Improvements Project. 4 22 Council Member Cappello removed this item from the Consent Calendar. Mayor Hunter invited public comment on the item. The following person requested to speak: Trish Cypher No one else spoke. Public Works Director John Cherbone addressed Council questions. RESOLUTION NO. 13-058 CAPPELLO/PAGE MOVED TO ADOPT RESOLUTION SUPPORTING THE FUNDING APPLICATION FOR THE PROSPECT ROAD-SARATOGA AVENUE CORRIDOR IMPROVEMENTS PROJECT. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 10. Resolution of Local Support for the Funding of the Saratoga Village Sidewalk Rehabilitation Project Recommended action: Adopt Resolution supporting the Funding Application for the Saratoga Village Sidewalk Rehabilitation Project. Council Member Page removed this item from the Consent Calendar to ask staff for additional information. Public Works Director John Cherbone addressed the City Council. Mayor Hunter invited public comment. No one requested to speak. RESOLUTION NO. 13-059 PAGE/LO MOVED TO ADOPT RESOLUTION SUPPORTING THE FUNDING APPLICATION FOR THE SARATOGA VILLAGE SIDEWALK REHABILITATION PROJECT. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 11. Agreement for Employment and Labor Law Services with Mouser Law Firm, A Professional Corporation Recommended action: Authorize the City Manager to enter into an agreement for employment and labor law services with Mouser Law Firm, A Professional Corporation. PAGE/MILLER MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR EMPLOYMENT AND LABOR LAW SERVICES WITH MOUSER LAW FIRM, A PROFESSIONAL 5 23 CORPORATION. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 12. Resolution Amending Council Agency and Ad Hoc Assignments Recommended action: Approve resolution amending Resolution 13-014 and the Council Agency and Ad Hoc Committee assignments for the year 2013. RESOLUTION NO. 13-060 PAGE/MILLER MOVED TO APPROVE RESOLUTION AMENDING RESOLUTION 13-014 AND THE COUNCIL AGENCY AND AD HOC COMMITTEE ASSIGNMENTS FOR THE YEAR 2013. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. PUBLIC HEARINGS None OLD BUSINESS 13. Council Meeting Decorum Recommended action: Approve resolution amending the City Council Norms of Operation. City Clerk Crystal Bothelio presented the staff report. Mayor Hunter invited public comment on the item. No one requested to speak. Council Member Cappello requested that item Section 3.B apply to Commissions and noted that the words “or Commission” needed to be added to the end of Section 3.C. Council Member Page suggested retitling Section 3 to including Commissions. RESOLUTION NO. 13-061 PAGE/CAPPELLO MOVED TO APPROVE RESOLUTION AMENDING THE CITY COUNCIL NORMS OF OPERATION WITH THE FOLLOWING CHANGES: - CHANGE THE TITLE OF SECTION 3 TO CITY COUNCIL AND COMMISSION RELATIONSHIP AND RELATIONSHIPS WITH OTHER CITY COMMISSIONS AND OTHER BODIES - REPHRASE SECTION 3.B TO INCLUDE COMMISSIONERS - ADD THE WORDS “OR COMMISSION” AT THE END OF SECTION 3.C. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 6 24 NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter Mayor Hunter noted the passing of Jean Alexander, who was a very dedicated Book-Go- Round volunteer. Her friends and family will be celebrating her life on Saturday, August 24 at the Book-Go-Round. Historical Foundation – the annual barbeque will be held on September 29 and it should be an excellent event. Mayor Hunter also thanked Public Works Director John Cherbone for his attendance at the Historical Foundation Meetings. KSAR Community Access TV Board – during the meeting in July, the Board continued discussions on new equipment. West Valley Mayors and Managers Association – the next meeting is on August 28, 2013. Vice Mayor Emily Lo Santa Clara Valley Water District Commission – the Water District is continuing efforts to evaluate the structure and organization of its Advisory Committees and Commission. The work will be done in two phases: problem definition, then development of solutions. As part of the first phase, Commissioners and Advisory Committee members were surveyed. The District is now starting phase two of the evaluation. Council Member Miller commented on a recent article on the San Luis Reservoir and improvements to the Rinconada water treatment plan. Council Member Howard Miller Valley Transportation Authority PAC – during the last meeting, the PAC discussed how to improve attendance at meetings. West Valley Solid Waste Management Joint Powers Authority – contract negotiation for garbage and recycling collection is ongoing and it is expected that an agreement will be taken to the Board for approval at a special meeting in October. Council Member Manny Cappello Chamber of Commerce – during the last meeting, Gayathri Kanth provided an overview of Measure A and the Board decided to endorse it. The Annual Car Show was a great success. There were 165 cars on display and the Chamber earned approximately $12,000 to $14,000 in net profit. Council Member Cappello also shared that he met with representatives of Destination Saratoga and City staff on August 21 to discuss a contract between the City and Destination Saratoga. County HCD Policy Committee – during the last meeting, the CDBG Grant for SASCC was increased to $20,000. Council Member Chuck Page Association of Bay Area Governments – it appears that the fall General Assembly meeting may be canceled. Santa Clara County Cities Association – during the last meeting, the group discussed the members of the new Operations Area Council. The group was able to come to an agreeable solution that allows for fair representation of the various regions in the County. Sister City Liaison – during the last meeting, the group discussed Hakone Gardens ranking among Japanese gardens in the United States in a popular magazine on Japanese 7 25 gardening. The Sister City group is concerned that Hakone is no longer among the top ranked gardens. West Valley Sanitation District – Council Member Page spoke about possible changes to the San Jose-Santa Clara Regional Wastewater Facility improvement schedule and how these changes would negatively impact the Sanitation District, which established rates based on a 5-year financial plan provided by the City of San Jose. Additionally, the City of San Jose is expected to finance the improvements in 2 years. Council Member Page shared that as a member of the Technical Plant Advisory Committee he proposed that improvements be financed now while rates are low to reduce the overall cost of the project and minimize impact on organizations that discharge to the San Jose-Santa Clara Regional Wastewater Facility. CITY COUNCIL ITEMS Council Member Page noted that he would be at the Annual League of California Cities Conference on September 18, 2013 meeting and may participate in the Regular Council Meeting by phone. CITY MANAGER’S REPORT City Manager Dave Anderson shared that he is currently serving on jury duty and that Public Works Director John Cherbone is Acting City Manager. ADJOURNMENT PAGE/MILLER MOVED TO ADJOURN THE MEETING AT 8:57 P.M. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. Minutes respectfully submitted: Crystal Bothelio, City Clerk 8 26 Dave Anderson Gina Fitch Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 8/20/2013 Period 2 8/27/2013 Period 2 REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 8/20/13 123602 123658 57 639,809.69 08/20/13 8/13/13 123601 8/27/13 123659 123717 59 299,070.97 08/27/13 8/20/13 123658 Date Check # Issued to Dept.Amount 08/20/13 123608 PW 22,680.00 08/20/13 123621 PW Hakone Gardens 74,565.50 08/20/13 123634 PW 49,120.50 08/20/13 123635 PS 352,085.33 08/20/13 123644 PW 24,950.00 08/20/13 123653 PW 34,274.75 08/27/13 123684 PW 25,329.83 08/27/13 123685 PW 41,073.15 08/27/13 123715 PW 151,300.00 AP Date Check #Amount SCC Office of the Sheriff General Northern Underground CIP Parks Project Quarry Park Master Plan West Valley Sanitation General Gachina Landscape CIP Streets Project Fruitvale Median Gradetech, Inc.CIP Streets Project Highway 9 Clean Water Program The Planning Center CIP Parks Project N/A Issued to Reason Accounts Payable checks voided during this time period: Status SARATOGA CITY COUNCIL MEETING DATE:September 4, 2013 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: DEPT. DIRECTOR: Accounts Payable checks issued for $20,000 or greater: Fund Purpose PREPARED BY: Ending Check # Prior Check Register Checks Released Total Checks AmountType of Checks Date Starting Check # Accounts Payable Accounts Payable CIP Facility Project Phase1 Underground Campbell Union School General Field Rental Sanchez Electric, Inc. Hillside Drilling Law Enforcement Street ResurfacingGas Tax Fund 27 Period 2 Period 2 Fund #08/20/13 08/27/13 Total 111 General Fund 419,782.35 217,965.33 637,747.68 231 Village Lighting 17.98 17.98 232 Azule Lighting - 233 Sarahills Lighting - 241 Arroyo de Saratoga Landscape - 242 Bonnet Way Landscape - 243 Carnelian Glen - 244 Cunningham/Glasgow Landscape - 245 Fredericksburg Landscape - 246 Greenbriar Landscape 165.99 165.99 247 Kerwin Ranch Landscape - 248 Leutar Court Landscape - 249 Manor Drive Landscape - 251 McCartysville Landscape - 252 Prides Crossing Landscape 750.00 750.00 253 Saratoga Legends Landscape - 254 Sunland Park Landscape - 255 Tricia Woods Landscape - 271 Beauchamps Landscape - 272 Bellgrove Landscape 43.94 43.94 273 Gateway Landscape - 274 Horseshoe Landscape/Lighting - 275 Quito Lighting 1,625.00 580.00 2,205.00 276 Tollgate LLD - 277 Village Commercial Landscape - 278 Brookglen L&L - 311 Library GO Bond Debt Service - 411 CIP Street Projects 25,873.08 21,126.32 46,999.40 412 CIP Park & Trail Projects 109,026.70 3,570.00 112,596.70 413 CIP Facility Projects 26,950.00 1,495.31 28,445.31 414 CIP Admin Projects - 421 Tree Fund - 431 Grant Fund - CIP Streets 331.20 37,708.34 38,039.54 432 Grant Fund - Parks & Trails - 433 Grant Fund - Facilities - 434 Grant Fund - Admin Projects - 481 Gas Tax Fund 49,120.50 2,032.67 51,153.17 611 Liability/Risk Mgt - 612 Workers' Comp 50.00 830.70 880.70 621 Office Support 1,007.14 79.22 1,086.36 622 IT Services 1,732.16 6,759.86 8,492.02 623 Vehicle & Equipment Maint 1,807.74 12.80 1,820.54 624 Building Maintenance 2,293.89 1,142.44 3,436.33 631 5,000.00 5,000.00 632 - 639,809.69 299,070.97 - - 938,880.66 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format IT Equipment Replacement Cash reductions by fund: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. TOTAL Fund Description Vehicle & Equipment Replacement 28 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1DATE: 08/20/2013 CITY OF SARATOGA ACCTPA21TIME: 13:25:23 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20130820 00:00:00.000’ACCOUNTING PERIOD: 2/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 123602 08/20/13 234 A T & T 6246202 SUPERTRUNK 0.00 430.0911111 123602 08/20/13 234 A T & T 6246202 PROSPECT RD ALARMS 0.00 31.4011111 123602 08/20/13 234 A T & T 1115301 EL QUITO IRRIGATION 0.00 16.3211111 123602 08/20/13 234 A T & T 1115301 TITUS/PROSPECT MED 0.00 16.5511111 123602 08/20/13 234 A T & T 1115301 HISTORICAL PARK 0.00 16.55TOTAL CHECK 0.00 510.9111111 123603 08/20/13 546 ABAG POWER PURCHASING PO 6246202 GAS SERVICE 0.00 1,000.0011111 123604 08/20/13 521 ALLIED LOCK & SAFE INC 1115301 PAD LOCKS 0.00 241.8211111 123605 08/20/13 953 ARC 4119142-011 PRINTING/BINDING 0.00 7,722.8811111 123605 08/20/13 953 ARC 2725302 BELLGROVE PLANT PLANS 0.00 43.94TOTAL CHECK 0.00 7,766.8211111 123606 08/20/13 197 ARROWHEAD MOUNTAIN SPRIN 6246202 DRINKING WATER 0.00 114.1511111 123607 08/20/13 1137 BEAR ELECTRICAL SOLUTION 4119111-001 STREET RESURFACING 0.00 3,800.0011111 123608 08/20/13 99 CAMPBELL UNION HIGH SCHO 1115301 FLD RNTL SPRING 2013 0.00 22,680.0011111 123609 08/20/13 749 CHESS WIZARDS 1116101 INSTRUCTOR-CHESS 0.00 1,920.0011111 123610 08/20/13 935 CHRISP COMPANY 4119111-001 STREET RESURFACING 0.00 4,727.5211111 123611 08/20/13 176 CIENEGA LANDSCAPING 2465302 IRR RPR GREENBRIAR 0.00 165.9911111 123612 08/20/13 517 CITY OF SAN JOSE 1117101 ANIMAL SVCS 8/13 0.00 17,308.0911111 123613 08/20/13 229 COAST OIL COMPANY LLC 6235202 UNLEADED FUEL 0.00 1,381.6411111 123614 08/20/13 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR-GOLF 0.00 318.2411111 123614 08/20/13 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR-GOLF 0.00 318.2411111 123614 08/20/13 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR-GOLF 0.00 907.9211111 123614 08/20/13 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR-GOLF 0.00 453.96TOTAL CHECK 0.00 1,998.3611111 123615 08/20/13 349 DUNCAN PRINTING 6213102 HOLIDAY CLOSURE SIGNS 0.00 413.5211111 123616 08/20/13 373 ECS IMAGING, INC 6223201 FULL USER SNAPSHOT 0.00 600.0011111 123616 08/20/13 373 ECS IMAGING, INC 1118101 FULL USER SNAPSHOT 0.00 3,000.00TOTAL CHECK 0.00 3,600.0011111 123617 08/20/13 378 EKIM PAINTING - NORTH, I 4119111-001 GRAFFITI REMOVAL 0.00 240.0011111 123618 08/20/13 504 FOSSATI, MICHAEL 6128501 WELLNESS-GYM 0.00 50.0011111 123619 08/20/13 456 GARROD FARMS STABLES 1116101 INSTRUCTOR-HORSEBACK 0.00 2,860.0011111 123620 08/20/13 563 HEID, W JEFFREY 2755302 LANDSCAPE ARCHITECTURA 0.00 1,625.0011111 123621 08/20/13 1148 HILLSIDE DRILLING, INC. 4129222-002 HAKONE GARDENS DRIVEWA 0.00 78,490.0029 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2DATE: 08/20/2013 CITY OF SARATOGA ACCTPA21TIME: 13:25:23 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20130820 00:00:00.000’ACCOUNTING PERIOD: 2/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 123621 08/20/13 1148 HILLSIDE DRILLING, INC. 412 RETENTION HELD PO#175 0.00 -3,924.50TOTAL CHECK 0.00 74,565.5011111 123622 08/20/13 488 HOME DEPOT CREDIT SERVIC 1115301 PARKS SUPPLIES 0.00 346.3211111 123622 08/20/13 488 HOME DEPOT CREDIT SERVIC 1115201 STREETS SUPPLIES 0.00 111.90TOTAL CHECK 0.00 458.2211111 123623 08/20/13 489 HORIZON DISTRIBUTORS, IN 1115301 SOD 0.00 205.5411111 123623 08/20/13 489 HORIZON DISTRIBUTORS, IN 1115301 PARKS SUPPLIES 0.00 117.19TOTAL CHECK 0.00 322.7311111 123624 08/20/13 520 FUN FUN FUNDAMENTALS 1116101 INSTRUCTOR-SPORT CAMP 0.00 804.0011111 123625 08/20/13 151 KOEHLER, PETER 1116101 INSTRUCTOR-ARTS CAMP 0.00 1,396.2011111 123626 08/20/13 500 KRISHNA & SUBHASHINI RAJ 1114101 DEP REFUND TRP13-0231 0.00 128.7511111 123627 08/20/13 500 LAUREL BALYEAT & THOMAS 111 ARB12-0006 REFUND 0.00 1,150.0011111 123628 08/20/13 500 LISA TANG 1116101 REFUND CANCELLED CLS 0.00 42.0011111 123629 08/20/13 508 MAD SCIENCE 1116101 INSTRUCTOR-SCIENCE 0.00 1,760.0011111 123629 08/20/13 508 MAD SCIENCE 1116101 INSTRUCTOR-SCIENCE 0.00 4,730.00TOTAL CHECK 0.00 6,490.0011111 123630 08/20/13 79 MUNISERVICES LLC 1113101 Q1SALES TAX REPORTING 0.00 500.0011111 123631 08/20/13 83 MUSICAL ME, INC 1116101 INSTRUCTOR-MUSIC 0.00 154.3511111 123631 08/20/13 83 MUSICAL ME, INC 1116101 INSTRUCTOR-MUSIC 0.00 91.3511111 123631 08/20/13 83 MUSICAL ME, INC 1116101 INSTRUCTOR-MUSIC 0.00 143.33TOTAL CHECK 0.00 389.0311111 123632 08/20/13 96 NATIONAL FIRE PROTECTION 1114201 NFPA MEMBERSHIP 0.00 165.0011111 123633 08/20/13 135 NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES 0.00 608.0011111 123634 08/20/13 912 NORTHERN UNDERGROUND CON 4819111-001 SARATOGA SPOT PAVING P 0.00 49,120.5011111 123635 08/20/13 1 OFF OF SHERIFF-FISCAL SV 1117101 LAW ENFORCEMENT 8/13 0.00 352,085.3311111 123636 08/20/13 145 OFFICE DEPOT INC. 1114101 RET OFFICE SUPPLIES 0.00 -142.2711111 123636 08/20/13 145 OFFICE DEPOT INC. 1114101 OFFICE SUPPLIES 0.00 536.19TOTAL CHECK 0.00 393.9211111 123637 08/20/13 60 ONTRAC 1115101 DELIVERY SERVICES 0.00 5.3511111 123638 08/20/13 1092 PALACE ART & OFFICE SUPP 6213102 COPY PAPER 0.00 593.6211111 123639 08/20/13 1063 PETERSON TRACTOR CO 6235202 EQUIPMENT SUPPLIES 0.00 136.9211111 123640 08/20/13 278 PETROTEK 6235202 AUGUST FUEL TESTING 0.00 200.0030 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3DATE: 08/20/2013 CITY OF SARATOGA ACCTPA21TIME: 13:25:23 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20130820 00:00:00.000’ACCOUNTING PERIOD: 2/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 123641 08/20/13 500 RAVI KUMAR CHANDRAN 111 REFUND FACILITY 0.00 500.0011111 123642 08/20/13 393 REED & GRAHAM, INC 4119111-001 STREETS SUPPLIES 0.00 94.7811111 123642 08/20/13 393 REED & GRAHAM, INC 4119111-001 STREETS SUPPLIES 0.00 215.8111111 123642 08/20/13 393 REED & GRAHAM, INC 4119111-001 STREETS SUPPLIES 0.00 342.66TOTAL CHECK 0.00 653.2511111 123643 08/20/13 500 RODRIGO SAUCEDO 111 REFUND FACILITY 0.00 500.0011111 123644 08/20/13 1039 SANCHEZ ELECTRIC, INC. 4139314-002 PHASE 1 UNDERGROUND UP 0.00 24,950.0011111 123645 08/20/13 500 SANTA CLARA COUNTY LIBRA 1115301 REIMB LIB FOR WTR SVC 0.00 906.0011111 123646 08/20/13 98 SARATOGA CHAMBER OF COMM 1118301 2013 CITY MAP 0.00 825.0011111 123647 08/20/13 160 SIERRA PACIFIC TURF SUPP 1115301 PARKS SUPPLIES 0.00 209.8911111 123648 08/20/13 236 SOLECTRIC ELECTRICAL 4139322-001 STAGE OUTLETS 0.00 2,000.0011111 123649 08/20/13 237 SPRAY MART II 6235202 EQUIPMENT PARTS 0.00 89.1811111 123650 08/20/13 826 STEFAN BAUMANN 1116101 INSTRUCTOR-PAINTING 0.00 1,522.5011111 123651 08/20/13 1097 TENNYSON ELECTRIC, INC. 411 RETENTION HELD PO#108 0.00 -143.7511111 123651 08/20/13 1097 TENNYSON ELECTRIC, INC. 411 RETENTION REL PO#108 0.00 7,398.8811111 123651 08/20/13 1097 TENNYSON ELECTRIC, INC. 4119121-001 COX AVENUE PEDESTRIAN 0.00 1,437.50TOTAL CHECK 0.00 8,692.6311111 123652 08/20/13 308 TESTING ENGINEERS 4119122-001 TESTING AND INSPECTION 0.00 36.8011111 123652 08/20/13 308 TESTING ENGINEERS 4319122-001 TESTING AND INSPECTION 0.00 331.20TOTAL CHECK 0.00 368.0011111 123653 08/20/13 1143 THE PLANNING CENTER 4129281-002 QUARRY PARK MASTER PLA 0.00 34,274.7511111 123654 08/20/13 336 TLC ADMINISTRATORS 1113301 125 ADMIN FEES 8/13 0.00 175.0011111 123655 08/20/13 377 UNITED SITE SERVICES 4129211-004 WILDWOOD RENOVATION 0.00 186.4511111 123656 08/20/13 395 VERIZON WIRELESS 1112101 CITY MANAGER 0.00 0.2211111 123656 08/20/13 395 VERIZON WIRELESS 1112201 CITY CLERK 0.00 3.9311111 123656 08/20/13 395 VERIZON WIRELESS 1113101 FINANCE 0.00 52.3411111 123656 08/20/13 395 VERIZON WIRELESS 6223201 IT SERVICES 0.00 59.6611111 123656 08/20/13 395 VERIZON WIRELESS 1114201 BUILDING & INSPECTION 0.00 36.9711111 123656 08/20/13 395 VERIZON WIRELESS 1114101 DEVELOPMENT SERVICES 0.00 36.9711111 123656 08/20/13 395 VERIZON WIRELESS 1115201 STREETS 0.00 155.1011111 123656 08/20/13 395 VERIZON WIRELESS 1115301 PARKS 0.00 115.0611111 123656 08/20/13 395 VERIZON WIRELESS 1115101 ENGINEERING 0.00 36.7511111 123656 08/20/13 395 VERIZON WIRELESS 6246202 BUILDING MAINTENANCE 0.00 110.25TOTAL CHECK 0.00 607.2511111 123657 08/20/13 1129 WEST VALLEY GYMNASTICS S 1116101 INSTRUCTOR-GYMNASTICS 0.00 318.4031 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4DATE: 08/20/2013 CITY OF SARATOGA ACCTPA21TIME: 13:25:23 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20130820 00:00:00.000’ACCOUNTING PERIOD: 2/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 123658 08/20/13 696 ZAG TECHNICAL SERVICES, 6223201 IT SUPPORT SERVICES - 0.00 1,072.50TOTAL CASH ACCOUNT 0.00 639,809.69TOTAL FUND 0.00 639,809.69TOTAL REPORT 0.00 639,809.6932 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1DATE: 08/27/2013 CITY OF SARATOGA ACCTPA21TIME: 11:38:42 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20130827 00:00:00.000’ACCOUNTING PERIOD: 2/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 123659 08/27/13 35 ACCENT GRAPHICS 1114201 PRINTING/BINDING 0.00 156.2711111 123660 08/27/13 56 ACE FIRE EQUIPMENT & SVC 1117102 EMERGENCY SUPPLIES 0.00 11.9911111 123661 08/27/13 1132 AIR-SEA CONTAINERS, INC. 1116201 CONTAINER RENTAL 0.00 364.6811111 123662 08/27/13 953 ARC 1114101 PRINTING/BINDING 0.00 38.3211111 123663 08/27/13 883 ATHERTON LACROSSE 1116101 INSTRUCTOR-LACROSSE 0.00 176.2511111 123664 08/27/13 714 BIGGS CARDOSA ASSOCIATIO 4129281-002 QUARRY PROP BRIDGE 0.00 3,570.0011111 123665 08/27/13 65 CA PARK AND RECREATION S 1116101 P&R MEMBER-TAYLOR 0.00 170.0011111 123666 08/27/13 1013 CAL SPORTS CLUB 1116101 INSTRUCTOR-ARCHERY 0.00 83.3011111 123667 08/27/13 1162 CAPITOL CHEVROLET 6315203 2013 ELEC VEH LS #127 0.00 2,500.0011111 123668 08/27/13 1162 CAPITOL CHEVROLET 6315203 2013 ELEC VEH LS #128 0.00 2,500.0011111 123669 08/27/13 725 CASALE, TONY 6128501 WELLNESS-GYM 0.00 50.0011111 123670 08/27/13 130 CDW GOVERNMENT 6223201 SOFTWARE SUPPORT 0.00 835.4111111 123671 08/27/13 749 CHESS WIZARDS 1116101 INSTRUCTOR-CHESS 0.00 1,524.0011111 123671 08/27/13 749 CHESS WIZARDS 1116101 INSTRUCTOR-CHESS 0.00 635.00TOTAL CHECK 0.00 2,159.0011111 123672 08/27/13 517 CITY OF SAN JOSE 1117101 SEPT ANIMAL SRVCS 0.00 15,013.7011111 123673 08/27/13 230 COLONY LANDSCAPE MAINTEN 1115301 ANNUAL TOPDRESSING 0.00 11,700.0011111 123674 08/27/13 494 COMCAST 6223201 MNTHLY SRVC 8/20-9/19 0.00 90.7111111 123675 08/27/13 991 COMCAST 6223201 MNTHLY SRVC 8/19-9/18 0.00 34.7411111 123676 08/27/13 562 COUNTY OF SANTA CLARA - 1111101 CSW TRUST - EMILY LO 0.00 40.0011111 123677 08/27/13 1060 CSG CONSULTANTS INC. 1114201 CONDUCT FIELD INSPECTI 0.00 2,295.0011111 123678 08/27/13 552 DEPARTMENT OF JUSTICE 1113301 JULY FINGERPRINT APPS 0.00 32.0011111 123679 08/27/13 341 DU-ALL SAFETY, LLC 6128501 PROF SAFETY CONSULT 0.00 437.5011111 123680 08/27/13 378 EKIM PAINTING - NORTH, I 6246202 PAINT CLEAN UP 0.00 150.0011111 123681 08/27/13 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR-GYMNASTICS 0.00 147.0011111 123681 08/27/13 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR-GYMNASTICS 0.00 302.40TOTAL CHECK 0.00 449.4011111 123682 08/27/13 415 ERGOVERA 6128501 ERGONOMIC EVALUATION 0.00 343.2033 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2DATE: 08/27/2013 CITY OF SARATOGA ACCTPA21TIME: 11:38:42 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20130827 00:00:00.000’ACCOUNTING PERIOD: 2/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 123683 08/27/13 761 FRESHI FILMS, LLC 1116101 INSTRUCTOR-FILM 0.00 4,083.3011111 123684 08/27/13 454 GACHINA LANDSCAPE MANAGE 4119111-001 ALOHA AUGUST MAIN 0.00 390.0011111 123684 08/27/13 454 GACHINA LANDSCAPE MANAGE 1115301 LNDSCP PLNT FRUITVALE 0.00 7,000.0011111 123684 08/27/13 454 GACHINA LANDSCAPE MANAGE 4119133-001 LANDSCAPE PLANTING-FRU 0.00 15,907.1611111 123684 08/27/13 454 GACHINA LANDSCAPE MANAGE 4819133-001 LANDSCAPE PLANTING-FRU 0.00 2,032.67TOTAL CHECK 0.00 25,329.8311111 123685 08/27/13 1096 GRADETECH INC. 4119122-001 BALANCE TO INVOICE 0.00 -0.0111111 123685 08/27/13 1096 GRADETECH INC. 431 RETENTION HELD PO#114 0.00 -1,945.5711111 123685 08/27/13 1096 GRADETECH INC. 411 RETENTION HELD PO#114 0.00 -216.1711111 123685 08/27/13 1096 GRADETECH INC. 4119122-001 CONTRACT AWARD HWY 9 S 0.00 4,323.4911111 123685 08/27/13 1096 GRADETECH INC. 4319122-001 CONTRACT AWARD HWY 9 S 0.00 38,911.41TOTAL CHECK 0.00 41,073.1511111 123686 08/27/13 500 GRISELDA FLORES 111 REFUND FACILITY 0.00 500.0011111 123687 08/27/13 14 HYDROTEC IRRIGATION EQUI 1115301 RPR MAINLINE EL QUITO 0.00 195.9211111 123687 08/27/13 14 HYDROTEC IRRIGATION EQUI 1115301 REPLACE VALVE 0.00 461.4911111 123687 08/27/13 14 HYDROTEC IRRIGATION EQUI 1115301 RPR BACKFLOW-CONGRESS 0.00 256.9311111 123687 08/27/13 14 HYDROTEC IRRIGATION EQUI 1115301 RPR BACKFLOW-BONNET 0.00 268.03TOTAL CHECK 0.00 1,182.3711111 123688 08/27/13 24 ICE CENTER OF CUPERTINO 1116101 INSTRUCTOR-ICE SKATE 0.00 250.0011111 123689 08/27/13 63 INTERSTATE TRAFFIC CONTR 4119111-001 STREETS SUPPLIES 0.00 229.1811111 123690 08/27/13 1103 JIMIANN WONG 1116101 INSTRUCTOR-YOGA 0.00 7.0011111 123690 08/27/13 1103 JIMIANN WONG 1116101 INSTRUCTOR-YOGA 0.00 88.00TOTAL CHECK 0.00 95.0011111 123691 08/27/13 118 JUST FOR KICKS 1116101 INSTRUCTOR-SOCCER 0.00 408.7511111 123691 08/27/13 118 JUST FOR KICKS 1116101 INSTRUCTOR-SOCCER 0.00 703.5011111 123691 08/27/13 118 JUST FOR KICKS 1116101 INSTRUCTOR-SOCCER 0.00 160.5011111 123691 08/27/13 118 JUST FOR KICKS 1116101 INSTRUCTOR-SOCCER 0.00 201.00TOTAL CHECK 0.00 1,473.7511111 123692 08/27/13 624 LABOR CONSULTANTS OF CA 4119122-001 HWY 9 PHASE II - LABOR 0.00 82.5011111 123692 08/27/13 624 LABOR CONSULTANTS OF CA 4319122-001 HWY 9 PHASE II - LABOR 0.00 742.50TOTAL CHECK 0.00 825.0011111 123693 08/27/13 500 LIUHUA DING 1114103 APPLICATION REFUND 0.00 750.0011111 123693 08/27/13 500 LIUHUA DING 1118101 BUSINESS LIC REFUND 0.00 100.00TOTAL CHECK 0.00 850.0011111 123694 08/27/13 831 MUSSON THEATRICAL, INC 4139322-001 STAGE LED WORK LIGHTS 0.00 1,495.3111111 123695 08/27/13 1062 NI GOVERNMENT SERVICES, 1117102 AIR TIME 7/13 0.00 75.8811111 123696 08/27/13 1011 NICOLE BETTRAY 1116101 INSTRUCTOR-YOGA 0.00 88.0011111 123696 08/27/13 1011 NICOLE BETTRAY 1116101 INSTRUCTOR-YOGA 0.00 46.00TOTAL CHECK 0.00 134.0034 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3DATE: 08/27/2013 CITY OF SARATOGA ACCTPA21TIME: 11:38:42 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20130827 00:00:00.000’ACCOUNTING PERIOD: 2/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 123697 08/27/13 135 NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES 0.00 513.0011111 123697 08/27/13 135 NORTH BAY BLDG MAINTENAN 6246202 JANITORIAL SERVICES 0.00 342.00TOTAL CHECK 0.00 855.0011111 123698 08/27/13 145 OFFICE DEPOT INC. 1118101 OFFICE SUPPLIES 0.00 77.2211111 123698 08/27/13 145 OFFICE DEPOT INC. 1114201 RET OFFICE SUPPLIES 0.00 -12.19TOTAL CHECK 0.00 65.0311111 123699 08/27/13 913 OUR CITY FOREST 2755302 TREE PLANTING PROJECT 0.00 580.0011111 123700 08/27/13 173 PACIFIC GAS & ELECTRIC 6235202 NATURAL GAS VEHICLE 0.00 12.8011111 123700 08/27/13 173 PACIFIC GAS & ELECTRIC 6246202 BUILDINGS 0.00 115.5211111 123700 08/27/13 173 PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING 0.00 17.9811111 123700 08/27/13 173 PACIFIC GAS & ELECTRIC 1115201 MONTE VISTA DRIVE 0.00 9.53TOTAL CHECK 0.00 155.8311111 123701 08/27/13 1092 PALACE ART & OFFICE SUPP 1116101 OFFICE SUPPLIES 0.00 47.8311111 123701 08/27/13 1092 PALACE ART & OFFICE SUPP 6213102 COPY PAPER 0.00 79.22TOTAL CHECK 0.00 127.0511111 123702 08/27/13 890 PEELLE TECHNOLOGIES, INC 1114201 LASERFISCHE SRVCS 0.00 3,047.3611111 123703 08/27/13 393 REED & GRAHAM, INC 4119111-001 STREETS SUPPLIES 0.00 98.8511111 123703 08/27/13 393 REED & GRAHAM, INC 4119111-001 STREETS SUPPLIES 0.00 91.1711111 123703 08/27/13 393 REED & GRAHAM, INC 4119111-001 STREETS SUPPLIES 0.00 220.15TOTAL CHECK 0.00 410.1711111 123704 08/27/13 500 SAHIL THAKER 111 REFUND FACILITY 0.00 300.0011111 123705 08/27/13 87 SAN JOSE WATER COMPANY 1115301 PARKS/OPEN SPACE 0.00 434.2811111 123706 08/27/13 1104 SARA DEAN 1116101 INSTRUCTOR-U JAM 0.00 210.8011111 123706 08/27/13 1104 SARA DEAN 1116101 INSTRUCTOR-U-JAM 0.00 36.0011111 123706 08/27/13 1104 SARA DEAN 1116101 INSTRUCTOR-U-JAM 0.00 24.00TOTAL CHECK 0.00 270.8011111 123707 08/27/13 98 SARATOGA CHAMBER OF COMM 1118301 Q2 SUPPORT PYMNT 2013 0.00 3,189.0011111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 985.3211111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 445.0511111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 247.3811111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 178.0211111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 380.8811111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 75.2111111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 308.4311111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 150.4211111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 324.3011111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 356.0411111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 267.0311111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 267.0311111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 164.2235 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4DATE: 08/27/2013 CITY OF SARATOGA ACCTPA21TIME: 11:38:42 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date=’20130827 00:00:00.000’ACCOUNTING PERIOD: 2/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---- ---------BUDGET UNIT -----DESCRIPTION------ SALES TAX AMOUNT11111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 89.0111111 123708 08/27/13 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR-DANCE 0.00 89.01TOTAL CHECK 0.00 4,327.3511111 123709 08/27/13 160 SIERRA PACIFIC TURF SUPP 1115301 PARKS SUPPLIES 0.00 271.8811111 123710 08/27/13 162 SILICON VALLEY COMM NEWS 1114101 LEGAL LINER 4905146 0.00 107.5511111 123710 08/27/13 162 SILICON VALLEY COMM NEWS 1112201 LEGAL LINER 4905766 0.00 86.1611111 123710 08/27/13 162 SILICON VALLEY COMM NEWS 1114101 LEGAL LINER 4924076 0.00 144.75TOTAL CHECK 0.00 338.4611111 123711 08/27/13 266 SUNGARD PUBLIC SECTOR IN 6223201 SEPT SUNGARD SERIES 0.00 5,390.0011111 123711 08/27/13 266 SUNGARD PUBLIC SECTOR IN 6223201 SEPT HTE ANNUAL SUP 0.00 409.00TOTAL CHECK 0.00 5,799.0011111 123712 08/27/13 343 TMT ENTERPRISES INC 1115301 PARKS SUPPLIES 0.00 163.1311111 123713 08/27/13 726 TREES 360 DEGREES 2525302 PRUNED MONTEREY PINE 0.00 750.0011111 123713 08/27/13 726 TREES 360 DEGREES 1115301 PROSPECT TREE MAINT 0.00 750.0011111 123713 08/27/13 726 TREES 360 DEGREES 1115301 HAKONE-REMOVE BRUSH 0.00 1,050.00TOTAL CHECK 0.00 2,550.0011111 123714 08/27/13 993 VIVIAN LIU 1116101 INSTRUCTOR-TAI CHI 0.00 611.0011111 123714 08/27/13 993 VIVIAN LIU 1116101 INSTRUCTOR-TAI CHI 0.00 1,084.00TOTAL CHECK 0.00 1,695.0011111 123715 08/27/13 435 WEST VALLEY SANITATION D 1115103 CLEAN WTR 7/13-12/13 0.00 151,300.0011111 123716 08/27/13 613 WEST VALLEY SANITATION D 1115103 STORM DRAIN 4/1-6/26 0.00 2,371.4711111 123717 08/27/13 751 ZAMAR SOUND PRO AUDIO 6246202 FACILITIES SUPPLIES 0.00 21.92TOTAL CASH ACCOUNT 0.00 299,070.97TOTAL FUND 0.00 299,070.97TOTAL REPORT 0.00 299,070.9736 SARATOGA CITY COUNCIL MEETING DATE: September 4, 2013 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: James Lindsay DIRECTOR: James Lindsay SUBJECT: Agreement with Destination Saratoga RECOMMENDED ACTION: Approve the one-year agreement with Destination Saratoga. BACKGROUND: The Chamber of Commerce initiated an effort in early 2012 to develop a marketing and branding campaign with local business owners. A number of workshops were conducted and Destination Saratoga officially formed as a committee within the Chamber. In May 2012, the Council provided the Chamber $8,000 to assist Destination Saratoga’s efforts in developing a website and to launch a public relations campaign. Destination’s website www.gosaratogaca.com was completed last year and continues to serve as a gateway to events and marketing efforts for local businesses. Destination Saratoga members recently created a separate non-profit organization to further their mission of promoting the City as a leisure destination. On July 3, 2013, the City Council requested that an agreement with Destination be placed on a future agenda that would define services Destination could provide the City to increase business activity through their marketing and promotional efforts. Councilmember Cappello (liaison to Destination Saratoga) and City staff met several times with Destination officers to construct a scope of services and compensation amount for a one-year contract. SUMMARY: Under the proposed agreement, Destination Saratoga would perform marketing, promotion, and branding services for the City. These services are detailed in Exhibit A of the agreement and include media tours, public relations outreach, and maintaining the website. Compensation would consist of the City providing matching funds equal to membership dues collected by Destination each quarter within fiscal year 2013-2014 for an amount not to exceed $20,000. The Business Development Program within the City’s Capital Improvement Plan (CIP) has a fund balance of $21,600 and would be an appropriate funding source for this contract. The Council established this program in FY 12/13 to support business development efforts in the City. The Business Development Program does not encompass the Village Façade Program which is a separate CIP project. 37 ALTERNATIVE ACTION: Provide direction on modifications to the terms and conditions of the agreement. ATTACHMENT: Draft agreement 38 AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF SARATOGA AND DESTINATION SARATOGA This Agreement is entered into this fourth day of September 2013, and is effective as of the first day of July 2013, by and between the City of Saratoga, a municipal corporation ("City") and Destination Saratoga ("Destination"), who agree as follows: RECITALS A. The City desires to promote Saratoga as a leisure destination to enhance business activity. B. Destination represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENT 1. Scope of Services. Subject to the terms and conditions set forth in this Agreement, Destination shall provide to City the work product described in in the attached Scope of Services (Exh ib it A). 2. Term. The term of this agreement shall extend from the date written above through June 30, 2014, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit C at all times. 3. Payment. City shall pay Destination for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Destination in connection with completion of the Scope of Work pursuant to this Agreement. 4. Facilities and Equipment. Destination shall, at its sole cost and expense, furnish all facilitie s and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. 5. General Provisions. City and Destination agree to and shall abide by the general provisions set forth in the attached General Provisions (Exhibit C). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 1 39 6. Compensation and Payment Terms. Compensation for Destination's professional services shall not exceed the amount specified in Exhibit B . Payment to Destination shall be due 30 days after receipt by the City of a properly executed invoice. The Destination 's invoice shall be mailed to: City of Saratoga Attn: City Manager 13777 Fruitvale Avenue Saratoga, CA 95070 7. Project Manager. The Project Manager for Destination for the work under this Agreement shall be the City Manager, City of Saratoga. 8. Notices. A notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Copy: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 To Destination: Destination Saratoga President 14555 Big Basin Way Saratoga, CA 95070 2 40 9. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Destination. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. APPROVED AS TO FORM: CITY OF SARATOGA: ___________________________ ___________________________ Richard Taylor Dave Anderson City Attorney City Manager ATTEST: ___________________________ Crystal Bothelio City Clerk DESTINATION SARATOGA: ___________________________ Josh Weeks Destination President 3 41 EXIBHIT A SCOPE OF SERVICES Destination will perform the following services for the City: 1. MARKETING AND PROMOTION Destination shall promote the City as a leisure destination emphasizing its scenic beauty and unique offerings in food, wine, recreational and leisure activities. Promotion actives shall include but not be limited to: • Media tours (minimum of two per calendar year) • Press releases for events organized by Destination • Public relation outreach to local, regional, and national lifestyle media (minimum of five placement per year) • Regularly updating and maintain the Destination website - www.gosaratogaca.com 2. BRANDING Destination shall develop and maintain a brand identity for promoting the City that will include logo design, color scheme, and tagline to be used in marketing materials and the Destination website. Design elements of the branding are subject to review by the City Council. 4 42 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Destination an amount equal to the membership dues collected but not to exceed the total sum of twenty thousand dollars ($20,000) for work to be performed pursuant to this Agreement. The total sum stated above shall be the total which City shall pay for the work product to be provided by Destination pursuant to this Agreement. 2. INVOICES Destination shall submit quarterly invoices (based on a fiscal year beginning July 1st) during the term of this Agreement. Invoices shall contain the following information: • A summary of services performed for the quarter including number of media tours, media placements, press releases, website updates, etc. • A list of Destination members indicating the membership dues each member paid within the quarter. 3. QUARTERLY PAYMENTS The City will make quarterly payments equal the total membership dues collected by Destination within the quarter as shown on the invoices submitted. 5 43 EXHIBIT C GENERAL PROVISIONS For the purposed this Exhibit, City of Saratoga is herein referred to as (“City”) and Destination Saratoga is herein referred to as (“Contractor”). 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, 6 44 workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to 7 45 avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or 8 46 any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in 9 47 any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all- inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. c. Acknowledgement. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. d. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. e. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any 10 48 other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. f. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit D. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. 11 49 b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 day notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorney’s fees. 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be 12 50 supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. 13 51 EXHIBIT D INSURANCE For the purposed this Exhibit, City of Saratoga is herein referred to as (“City”) and Destination Saratoga is herein referred to as (“Contractor”) Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage ___ $ ____________ per occurrence bodily injury/$ ___________ per occurrence property damage ___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance ___ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self- insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage 14 52 ___ $ ____________ per person/$__________ per accident for bodily injury ___ $ ____________ per occurrence for property damage ___ $ 500,000 combined single limit for bodily injury and property damage ___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. Professional/Errors and Omissions Liability with coverage as indicated: $1,000,000 per loss/ $2,000,000 aggregate ___ $5,000,000 per loss/ $5,000,000 aggregate If required, Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. Workers' Compensation Insurance Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to mail such notice shall impose no 15 53 obligation or liability of any kind upon the company, its agents or representatives." ___ All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII 16 54 SARATOGA CITY COUNCIL MEETING DATE: September 4, 2013 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Update to City of Saratoga Commission Handbook RECOMMENDED ACTION: Approve the update to the Commission Handbook. BACKGROUND: In May 2009, staff presented a revised City of Saratoga Commission Handbook to the Council for consideration and approval. The handbook was originally created in 2003 and serves as a tool to help Commissioners understand their role by explaining functions and duties of Saratoga’s Commissions. The handbook includes information on the following items: - General information about the different Commissions - Duties and obligations of Commissioners - Laws related to Commissioners - Meeting conduct and Saratoga’s Rules of Parliamentary Procedure - Information about Saratoga and its government structure Staff felt some updates to the handbook were necessary, as some of the information had become outdated. A summary of the updates are noted below: - Text was updated throughout the document to make it easier to read and improve flow - Updates were made to Commission meeting schedules and membership information (for example, the number of Youth Commissioners has changed since 2009) - The section title “Legal Issues Affecting Commissioners” was changed to “Ethics, Public Records, and Open Meeting Laws” - Information on the Political Reform Act, conflicts of interest, the Form 700, and Brown Act was expanded - Images of Saratoga were added to the “About Saratoga” section in the Appendix - The Oath of Office was removed from the Appendix - The Conflict of Interest Code, revised in 2012, was updated in Appendix - Information about the City’s E-Communications policy was added, the policy was also added to the Appendix Page 1 of 2 55 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City Clerk will continue to use the Commission Handbook updated in 2009. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Updated Commission Handbook Page 2 of 2 56 COMMISSION HANDBOOK CITY o f S A RATO G A CALIF O R N IA1956 Office of the City Clerk 13777 Fruitvale Avenue • Saratoga, CA • 95070 Phone: (408) 868-1269 • Fax: (408) 867-8559 Email: ctclerk@saratoga.ca.us • Web: www.saratoga.ca.us Revised 2013 57 CITY o f S ARATO G A CALIF O R N IA1956 CITY OF SARATOGA COMMISSION HANDBOOK TABLE OF CONTENTS The City of Saratoga Welcomes You ��3 About Saratoga’s Commissions ��4 Commission Administration ��6 Ethics, Public Records, and Open Meeting Laws ��10 Meetings and Procedures ��13 City of Saratoga Rules of Parliamentary Procedure ��16 Working Relationships ��23 Government in Saratoga ��25 Appendix ��28 About Saratoga ��29 City of Saratoga Vision Statement ��30 City Code on Commissions ��31 City of Saratoga Code of Ethics and Values ��35 City of Saratoga Conflict of Interest Code ��38 City of Saratoga Reimbursement Policy ��41 E-Communications Policy ��50 Accessing City Email ��55 58 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 3 The City of Saratoga Welcomes You Congratulations on your recent appointment to one of Saratoga’s Commissions. Your appointment is an honor, reflecting the City Council’s confidence in your ability and judgment. The City Council and staff look forward to working with you and receiving the benefit of your insight and guidance. As a Commissioner you will serve in an advisory capacity to the City Council and will be helping to address community needs. In this role, you have the opportunity to share your vision and to help mold Saratoga’s future. This handbook has been prepared to provide information about the functions and responsibilities of a Commissioner. The handbook is designed to contribute to your general knowledge and understanding of public affairs and to aid in identifying the scope and parameters of your role as a Commissioner. Service to the City provides an opportunity to gain a greater understanding of the issues facing municipal government and to become actively involved in resolving those concerns in a manner that reflects the best interests of the community. The City hopes that you will enjoy your tenure as a vital part of the City’s team and sincerely thanks you for your willingness to serve your community. 59 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 4 About Saratoga’s Commissions The City Council is assisted by six Commissions: the Heritage Preservation Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Traffic Safety Commission, and Youth Commission. Created by Council legislation, all of Saratoga’s Commissions were established to provide citizen input and advice in specific areas. The primary purpose of a Commission is to gather information, weigh public opinion, and carefully examine issues in order to make recommendations to the Council. The City’s Commissions play an essential component in the decision-making process. Each Commission studies issues within its area of specialization, expands the opportunity for citizen input and participation, and ultimately provides valued recommendations to the Council. As advisory bodies, the Commissions are not authorized to set City policy. However, the Planning and Heritage Preservation Commissions are authorized to make decisions on certain types of development applications. These decisions may be appealed to the City Council. Most of the City’s Commissions are comprised of five or seven members. The Library and Parks and Recreation Commissions have five members. The Heritage Preservation Commission, Planning Commission, and Traffic Safety Commission have seven members. The Youth Commission has a total of eleven members, who are Saratoga residents in school grades seven through twelve. Heritage Preservation Commission — The primary function of the Heritage Preservation Commission is to implement the City’s Heritage Preservation Ordinance by working with the Council, the Planning Commission, and City staff. The Commission is responsible for considering proposed modifications to designated historic landmarks, lanes and districts, advising the Community Development Department in connection with projects that may affect heritage resources, conducting property surveys to establish an official inventory of heritage resources within the City of Saratoga, and for recommending proposals for historic landmarks, lanes, district designations, and heritage trees to the City Council. One member is nominated by the Saratoga Historical Foundation and two members must be trained or experienced in the field of construction and structural rehabilitation, such as a licensed architect, engineer, contractor or urban planner. All members of the Heritage Preservation Commission must attend at least one training class per year on the topic of historical preservation. Meetings are held the second Tuesday of the month at 8:30 a.m. at Saratoga City Hall, located at 13777 Fruitvale Avenue. Library Commission — The Library Commission serves as an advisory body on library policies, budgets, plans, and procedures to the City Council, City staff, and the Santa Clara County Library staff. The Library Commission has no administrative authority over the library’s operations, but may participate in the general planning of the library operation and library-related programs and policies. One member is nominated by the City of Monte Sereno. 60 Page 5 Meetings are held in even-numbered months (February, April, June, August, October, and December) on the fourth Wednesday of the month at 4:00 p.m. in the Saratoga Library, located at 13650 Saratoga Avenue. Meetings in December are typically rescheduled for dates earlier in the month. Parks and Recreation Commission — The Parks and Recreation Commission advises the Council on a variety of matters as they relate to parks and recreation. Principally, the Commission serves as a conduit between the public and the Council, assesses public input, collects information, and makes recommendations to the Saratoga City Council. Meetings are held on the second Tuesday of the month on odd-numbered months (January, March, May, July, September, and November) at 6:30 p.m. at Saratoga City Hall, located at 13777 Fruitvale Avenue. Planning Commission — The Planning Commission works to maintain the unique character of Saratoga by ensuring that the physical development of the City is consistent with the environmental, social, and economic goals set forth in the City’s General Plan. The Planning Commission is also responsible for considering appeals of decisions made by the Community Development Department and acting on applications for use permits, design reviews, and other planning approvals. Meetings are held the second and fourth Wednesday of the month at 7:00 p.m. in the Civic Theater, located at 13777 Fruitvale Avenue. Traffic Safety Commission — The Traffic Safety Commission investigates, reviews, and analyzes traffic safety issues raised by the residents and Public Safety Agencies. This Commission provides a venue for the public to express concerns regarding traffic safety issues. The Traffic Safety Commission makes recommendations to the City regarding traffic safety. Meetings are held on the second Thursday of the month on odd-numbered months (January, March, May, July, September, and November) at 6:30 p.m. at Saratoga City Hall, located at 13777 Fruitvale Avenue. Youth Commission — The Youth Commission works to enhance the well being of local youth, offer positive influences to teens, and provide opportunities for youth involvement in the community. Youth Commissioners serve as teen leaders, communicate with the City Council regarding current youth issues, plan, promote, and participate in community events, fundraisers, and social and educational activities. Meetings are held monthly on the second Tuesday of the month at 7:00 p.m. in the Warner Hutton House, located at 13777 Fruitvale Avenue. 61 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 6 Commission Administration This section of the handbook describes the process of being selected for a Commission and includes information on a range of issues that typically arise while serving on a Commission. Eligibility — All applicants must be residents and registered voters in the City of Saratoga with the exception that one member of the Library Commission must be a resident of Monte Sereno. Youth Commissioners are not required to be registered voters. Two members of the Heritage Preservation Commission must be trained or have experience in the field of construction and structural rehabilitation, such as a licensed architect, engineer, contractor, or urban planner. One member of the Heritage Preservation Commission must also be nominated by the Saratoga Historical Foundation. Elected officials and City employees are not eligible to apply. Membership on City Commissions is limited to service on one Commission at any one time. All applicants must attend at least one Commission meeting prior to the interview process. Application and Selection Process — When a vacancy occurs on a Commission, information about the recruitment will be posted on the City’s website to solicit applications. Applicants are required to complete the application and supplemental questionnaire and submit both forms to the City Clerk’s Office by the given deadline. A separate application is required for each Commission to which the applicant wishes to apply. Applications are maintained by the City Clerk’s Office in an active status for one year, after which time they become inactive and a new application must be submitted. The City Council interviews Commission applicants as part of a City Council meeting. Interviews are typically held at City Hall in the administrative conference room prior to the 7:00 p.m. Council Meeting. The Mayor or City Clerk will notify the applicants of the results the day after the interviews. Terms and Limits — Commissioner terms are for four years except for members of the Youth Commission, who are appointed to two year terms. No Commissioner may serve more than two full consecutive terms on a single Commission. A Commissioner who has served two full consecutive terms on a Commission may not be reappointed to that Commission for at least one year following the expiration of his or her term. Youth Commissioners appointed after April 6, 2011 may not serve consecutive terms. A partial term served, as a result of an appointment to fill a vacancy or realign term staggering, is not a full term. For each Commission, the terms of the Commissioners are staggered such that each year the four-year terms of approximately an equal number of the Commissioners will expire. For example, a seven-member Commission would have two terms ending each year and one term ending on the fourth year. Staggering of terms does not apply to the Youth Commission. The City Clerk notifies Commissioners when they approach the end of their term. For those interested in and eligible for reappointment, an updated application is required. Oath of Office — Commissioners are required to take an Oath of Office prior to assuming their duties. A copy of the Oath is located in the Appendix to this handbook. Commissioners are usually scheduled to take the Oath of Office at the beginning of a City Council Meeting, which are held on the first and third Wednesday of the month at 7:00 p.m. 62 Page 7 Assuming Office Statement — All Commissioners, except members of the Youth Commission, must file the Fair Political Practices Commission’s (FPPC) Form 700 Statement of Economic Interests within 30 days of taking the oath of office. The form is available from the City Clerk and is discussed in the section on Legal Issues later in this Handbook. Saratoga Code of Ethics and Values — The City Council has adopted a Code of Ethics and Values stating that the proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The Code of Ethics and Values promotes and maintains the highest standards of personal and professional conduct in the City’s government. All elected and appointed officials, City employees, volunteers, and others who participate in the city’s government are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its nine core values in their work. The Code applies to all Commissioners. A copy of the Code of Ethics and Values is included in the appendix. Attending Meetings — If a Commissioner is absent without permission for three consecutive regular Commission meetings, the Commissioner’s position becomes vacant and is filled as any other vacancy. Commissioners should notify the Chair and City staff supporting the Commission well in advance of any absences. Any Youth Commissioner who misses two regular meetings will be automatically removed from the Commission. If this occurs, a member of the Youth Commission may appeal the removal to the City Council. Resignation — Members wishing to resign from their Commission prior to the expiration of their term should submit a letter to the City stating their intention and the effective date of the resignation. The letter should be addressed to the Mayor and Council Members in care of the City Clerk. Removal — All Commissioners serve at the pleasure of the City Council. The City Council may remove any Commissioner from office prior to the expiration of the Commissioner’s term by a majority vote. Use of Title or City Resources for Non-City Business — Like all City officials, Commissioners may not use their official title or City equipment for non-City business. Participation in Political Activities — Acceptance of an appointment to a Commission does not generally restrict individual citizen participation in political activities of the individual’s choosing at any level of government, be it local, state, or federal. Commission members may not, however, use their appointed office, title, or City resources in the conduct of such activity. State law provides that City Council Members, Commissioners, and employees may not: ―Use their office, authority or influence to obtain a change in position or compensation in exchange for a particular vote or political action by the official or employee. This includes urging or discouraging an individual employee to engage in specific action. (Government Code 3204) ―Directly or indirectly solicit political funds or contributions from other officers or employees of the local agency unless the communication is made to a significant segment of the public, which may include officers and employees of the local agency. (Government Code 3205) ―Directly or indirectly offer to increase the compensation or salary of another in exchange for a contribution or loan to any committee controlled directly or indirectly by the person who holds or is seeking election to an office. (Government Code 3205.5) ―Accept, solicit, or direct a campaign contribution of more than $250 from any applicant or others with a financial interest participating in a proceeding on a license, permit, or other entitlement before the Commission while the proceeding is under consideration or within 3 months following the date of the final decision. If a Commissioner receives a contribution of more than $250 from an applicant or others 63 Page 8 with a financial interest in a proceeding on a license, permit, or other entitlement in the 12 months before the proceeding, then the candidate must disclose the contribution and cannot participate or in any way influence the decision on the proceeding. (Government Code 84308) Expression of Opinions by Commissioners — In accordance with the City Council Norms of Operation, when a Commission member addresses the City Council, another Commission, or the public, the Commissioner should make it clear whether he or she is speaking on behalf of the Commission or as an individual citizen. Individual members of Commissions may not represent their personal opinions or recommendations as those of the Commission unless the Commission has voted to approve such views and authorized the individual to speak on the Commission’s behalf. Commissioners expressing views not formally approved by the majority of a Commission should clearly state that their opinions are being expressed as a “private citizen.” In addition, when a Commissioner makes a public statement on behalf of his or her Commission it should not include promises that may be construed to be binding on the City. Because Commissions are advisory to the City Council, when making a public statement, members should indicate that Commission actions are recommendations only and that final action will be taken by the City Council. This does not apply to matters that the Heritage Preservation Commission and Planning Commission are authorized to decide without further action by the City Council. Compensation — Commissioners do not receive compensation or benefits of any kind, except for Planning Commissioners who receive a stipend of $150.00 per month. Commission Budget — All Commission operational expenses and revenues must be approved in advance by the City Council. Appropriations and revenue sources for the City Council and other City programs, including Commissions, are shown in the City’s budget. Reimbursement — Actual and necessary expenditures incurred by Commissioners while engaged on official Commission business authorized by the City budget may be reimbursed in accordance with the City’s policies on reimbursement of business expenses, provided such expenditures have been previously approved by the director of the City Department responsible for staffing the Commission. Additionally, Commissioners are required to participate in Assembly Bill (AB) 1234 ethics training described in the following section on ethics, public records, and open meeting laws. Commissioners should work with their staff liaison to process reimbursements. E-Communications — Per the City’s E-Communications Policy, all Commissioners are issued City email address to be used for City business. The City issued emails should be used for all communications associated with City and Commission business, such as emails from the public to a Commissioner regarding upcoming agenda items or email discussions between City staff and Commissioners. Commissioners may not use City emails for personal matters, nor may a Commissioner use a personal email address to conduct official Commission business. A City email address will be issued upon Commissioner appointment. The City Clerk will provide Commissioners with information on how to access email addresses and login credentials. Instructions on how to access a City email address is included in the appendix. Commissioners who wish to access their City email address via a smart phone or other electronic device, may seek assistance from City staff. Arrangements can be made with the City Clerk. Commissioners should be careful to abide by the requirements of the Brown Act and City E-Communications Policy when communicating via email or other electronic media. The City’s E-Communications policy states that Commissioners may not discuss or exchange facts about City issues via E-Communications, which may include email, online forums, social media, or blogs. 64 Page 9 When E-Communications from the public are addressed to a quorum of the Commission, the Commission Chair or staff liaison is expected to respond on behalf of the Commission. If the Chair chooses to respond, the Chair may request assistance from staff in preparing a response. Additionally, the Chair should include the staff liaison in the response. Use of E-Communications by Commissioners during Commission meetings is prohibited. This does not include telephone calls or text messages sent by family members in the event of an urgent family matter. A copy of the E-Communications Policy is included in the appendix. Commission Recognition Event — Every year, the City holds a special event to recognize City of Saratoga Commissioners. The Commission Recognition Event, typically a dinner, provides the Council with the opportunity to thank each of the City’s Commissioners for their hard work and contributions to the community. 65 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 10 Ethics, Public Records, and Open Meeting Laws Once appointed, there are a number of State laws that Commissioners must comply with. Some of the most significant State laws include the Political Reform Act, Public Records Act, and the Brown Act. POLITICAL REFORM ACT AND CONFLICTS OF INTEREST The Political Reform Act is intended to prevent potential economic conflicts of interest. The law requires that most state and local government officials disclose their personal income and assets, as well as disqualify themselves from participating in decisions that may impact their personal economic interests. As a result, local elected officials and Commissioners (except Youth Commissioners) in Saratoga must annually disclose their economic interests through the Form 700 – Statement of Economic Interests. Using the Form 700, public officials disclose all financial interests, such as investments, interests in real estate (real property), or sources of income, which may possibly affect the official’s judgment. The Form 700 is public record. Any member of the public is permitted to inspect and copy any statement during normal business hours. As required by the Political Reform Act, Saratoga has adopted its own Conflict of Interest Code that specifies who must submit annual Statements of Economic Interests and which schedules Form 700 filers must complete. The Code includes a listing of all positions in the organization that involve making or participating in making decisions that could have a material effect on any financial interest. This includes making substantive recommendations that are regularly approved without significant amendment or modification, as well advising or making recommendations to a decision-maker directly or without significant intervening substantive review. Per the City’s Conflict of Interest Code, Saratoga Commissioners (except Youth Commissioners) must complete all of the disclosure categories. A copy of the Conflict of Interest Code is included in the appendix and the most current version is available on the City of Saratoga website. People in positions identified in the Code are required to annually file a Form 700 – Statement of Economic Interest. This annual disclosure is intended to avoid conflicts between government decisions and the economic interest of local government decision-makers. Commissioners must return a completed Form 700 - Statement of Economic Interests to the City Clerk at the following times: ―Assuming office statements must be filed within 30 days after assuming office. ―Annual statements must be filed no later than 5:00 p.m. typically due the first week of April each year. Such statements shall cover the period of the preceding calendar year. ―Leaving office statements must be filed within 30 days of leaving office. A penalty of $10 per day, up to a maximum of $100, may be imposed for late filings. If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from making or participating in a governmental decision, or using his or her official position to influence a governmental decision. In general, the Political Reform Act provides that a conflict of interest exists where: ―An official makes, participates in, or uses his or her official position to influence governmental decisions; 66 Page 11 ―It is foreseeable that the decision will affect the official’s financial interest; ―The effect of the decisions on the official’s financial interest will be material; and ―The effect of the decision on the official’s financial interest will be distinguishable from its effect on the public generally. This is a summary of a more complicated set of rules. For more information, see the website of the Fair Political Practices Commission at www.fppc.ca.gov. A conflict of interest may exist under other rules as well. Commissioners are encouraged to consult with the City Clerk whenever they believe they may have a conflict. If a Commission member has a conflict of interest, the Commissioner must not make or participate in making, or in any way attempt to use their official position to influence, a governmental decision relating to the matter in which the Commissioner, or a member of the Commissioner’s immediate family, possess a financial interest. ―The safest way to address a conflict of interest that arises in a public meeting is for the Commissioner to state the basis for the conflict of interest immediately after the Chair announces the item for consideration. The member must then refrain from participating in the deliberations, abstain from voting, and leave the room in which the meeting is being held. ―The minutes will reflect the Commissioner’s stated conflict and recusal. ―Commissioners and other public officials are barred from attempting to influence government decisions in which they have conflict outside of public meetings as well. For example, a Commissioner with a conflict of interest generally may not discuss the matter creating the conflict with a member of the City staff, other Commissioners involved in the decision, or the City Council. ―Penalties for violating the conflict of interest laws are serious and may include fines and a prohibition against serving in public office. Questions regarding a potential conflict of interest should be directed to the City Clerk. The Fair Political Practice Commission’s website at www.fppc.ca.gov and the hotline number 1-866-ASK-FPPC (1-866-275-3772) are additional sources of information. Additionally, the Political Reform Act also requires members of local legislative bodies that receive any type of compensation, salary, stipend, or reimbursement for expenses from the local agency, to participate in a minimum of 2 hours of ethics training every two years. Because Planning Commissioners receive a stipend, they are required to participate in ethics training every two years. Commissioners who wish to receive reimbursement for reimbursable expenses must also complete the training. The City Clerk is responsible for maintaining ethics training records and notifying those subject to ethics training when their certification expires. CALIFORNIA PUBLIC RECORDS ACT The California Public Records Act was adopted in 1968 and allows any member of the public to inspect local government records. While there are a few exceptions to the law, the public may generally request any public record. Government Code Section 6252 defines public records as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” All records pertaining to the Commission’s business are public records. This includes agendas, minutes, staff reports, emails, and other letters to or from Commissioners on issues within the jurisdiction of the Commission, and reports from City consultants that are distributed to the Commission. Commissioners should be aware that all their correspondence concerning Commission business is a matter of public record. Additional information about the Public Records Act is available at http://ag.ca.gov/consumers/general/pra.php. 67 Page 12 THE BROWN ACT Passed in the 1950s, the Brown Act guarantees the public’s right to attend and participate in the meetings of local legislative bodies. The State law requires that: ―Meetings of a legislative body, including City Commissions, are properly noticed and open to the public; ―Members of the public have the opportunity to comment before or during the meeting on agenda items or items not on the agenda; and ―The legislative body conducts votes (except those permitted to take place in closed session) in a public meeting. Essentially, the Brown Act requires that Commission meetings must be noticed and open to the public. There generally may be no action or discussion by Commissioners on any item not appearing on the posted agenda. Commissioners may only briefly respond to statements made or questions posed about items not on the agenda; they may request that the topic be agendized for a future meeting. The Brown Act also requires that Commission meetings be held in a facility that is accessible to handicapped individuals. The definition of “meeting” includes any action among a majority of the Commission members to hear, discuss, or deliberate upon an item that is within the subject matter jurisdiction of the Commission. The Brown Act specifically prohibits the use of any series of communications of any kind (e.g., telephone, fax or email) directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the Commission’s subject matter jurisdiction. A Commission majority may attend the following gatherings without following the notice and other rules pertaining to regular meetings (provided City business is not discussed as part of the meeting or in breaks): (1) meetings or conferences on general issues that are not City specific; (2) meetings organized by others to address topic(s) of local community concern; and (3) social or ceremonial functions. Regular and Special Meeting agendas must include opportunities for public input. A public comment period is allowed at the beginning portion of the meeting when members of the public may speak to any relevant topic, regardless of whether that issue is on the agenda for that meeting. Commissioners may only briefly respond to statements made or questions posed about items not on the agenda, and then request that the topic be agendized for a future meeting. The public is also allowed to speak to each item on the agenda as it is being discussed in the meeting. Public testimony in both portions of the meeting is limited, typically to three minutes. Although the City encourages individuals testifying before City Commissions and the City Council to identify themselves to facilitate staff follow-up where needed, the Brown Act makes clear that the City may not require that disclosure or require any other information. Additionally, the Commission may not prohibit public criticism of the policies, procedures, programs, or services of the Commission or of the acts or omissions of the Commission. Any person attending an open and public meeting of a Commission has the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless it constitutes a persistent disruption of the proceedings. In addition to the above provisions, the Brown Act includes rules for proper noticing of various types of public meetings, regulations relating to the conduct of closed sessions, and penalties for the conduct of an unlawful meeting. The Brown Act is complex. Questions concerning the Act should be directed to the staff person assigned to the Commission. Additional information is also available at http://ag.ca.gov/open_meetings/. 68 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 13 Meetings and Procedures TYPES OF MEETINGS Regular Meetings — Each Commission holds regularly scheduled meetings on days, times, and at places established by City Council resolution. All meetings are open to the public. Each regular meeting is noticed by posting an agenda that includes a general description of each item to be discussed. The agenda must be posted at least 72 hours before a regular meeting. Special Meetings — A Commission may call a special meeting by providing notice 24 hours in advance of the meeting and informing media outlets which have requested notices of such meetings. The notice states the time, place, and business to be transacted at the meeting. No other business may be considered at the special meeting. Notice is required even if no action is taken. At every special meeting the Commission must provide the public with an opportunity to address the Commission on any item described in the notice before or during consideration of that item. The special meeting notice describes this right to comment. MEETING PROCEDURES Agenda — Commission meetings are governed by an agenda. The agenda for the meetings are prepared by the Chair and the staff person supporting the Commission. Commissioners may propose additions to a future agenda at the end of a Commission meeting. A second Commissioner must concur with the request. A Commissioner may also request an item be placed on a future agenda by speaking with the Chair. Agendas are distributed to the Commissioners and posted at least 72 hours prior to the meeting. Commission members may only discuss or take action on items that are listed on that meeting’s agenda. If a topic is raised during the public comment period or during the meeting which is not on the agenda, a Commissioner may make only a brief response and may request that the item be placed on the agenda for a future meeting. Informational Packets — Informational packets typically contain the agenda for the upcoming meeting, supplemental materials describing the agenda items, and any communications to be presented at the meeting. This packet will be delivered to the members of the Commission and interested members of the public at least 72 hours prior to each meeting. Commissioners should review these packets prior to each meeting and contact staff with questions. Quorum — A majority of the members of the Commission constitutes a quorum for the conduct of business. When less than a quorum appears at a noticed meeting, the Commission may not take any action. Minutes — Minutes of all Commission meetings are prepared by City staff. Minutes are presented at a subsequent Commission meeting for approval by the Commissioners. Written minutes approved by the Commission constitute the official record of its actions. Additions and corrections to the minutes may be made only in public meetings, with the approval of a majority of the Commissioners, and not by the private request of individual members. 69 Page 14 Public Hearings — State Law requires that certain items of business be advertised for a formal Public Hearing before being considered by a public body. Additionally, a Public Hearing may be called by the City to maximize public input on a topic even if not legally required. The City Council and Planning Commission are the City bodies that typically hold Public Hearings. Public Hearings must be conducted in a fair and impartial manner, and the public must be given an opportunity to be heard. The Chair or Mayor may limit or extend the time each member of the public may testify; however, the time limitations must apply to all speakers, regardless of the position they represent. The general format for a Public Hearing is as follows: 1. Staff provides an overview of the proposal and responds to any questions raised by the Commission 2. Commissioners ask questions of staff and note any relevant facts not included in the staff report or other written materials provided to the Commission 3. The Chair opens the Public Hearing 4. If the matter involves an applicant or appellant (or both), the applicant/appellant is allowed ten minutes in which to present an opening statement 5. Members of the public are each allowed three minutes to express their opinions 6. The applicant/appellant is allowed five minutes to present a closing statement 7. The Chair closes the Public Hearing 8. Commissioners ask questions regarding matters raised during the course of the Public Hearing or in written materials presented to the Commission 9. Members deliberate on the item 10. Members take action on the item Public Input — Members of the public have the right to express their views on any item included on a Commission agenda, even if there is no formal public hearing. In addition, members of the public may express their views on any item that is not listed on the agenda under the “Oral Communications” portion of the meeting agenda. A time limitation for each speaker, typically three minutes, may be imposed. While Commissioners or staff are permitted to respond to any questions or to seek clarification concerning a point raised, it is imperative to note that the Brown Act specifically prohibits any public body from discussing or taking action on an item that is not listed on the agenda. Therefore, if the Commission wishes to discuss the item, the topic should be agendized for a future meeting. Effective Meetings — Commission meetings are the time and place for discussion, deliberation, decision, and action. Each Commissioner has an obligation to prepare, discuss, evaluate, review, and select the best possible alternatives. The following guidelines will help ensure meetings are constructive: ―Review the meeting agenda and informational packet prior to each meeting ―Prepare to handle sensitive matters in a positive way ―Stick to the agenda ―Define issues and tasks clearly ―Observe the rules of order ―Encourage participation ―Discourage disruption 70 Page 15 ―Try to resolve differences ―Summarize progress from time to time ―Put items on the agenda and assign tasks to Commission members (if necessary) for the next meeting Role of the Chair — Each Commission elects a Chair to serve a twelve-month term. No person may serve as Chair or Vice Chair of the same Commission more than once during a single term on the Commission. The Chair acts as the presiding officer at all meetings. In the absence of the Chair, the Vice Chair presides for that meeting. In the absence of both, the members elect a temporary presiding officer for that meeting until the Chair arrives. The following is a list of the Chair’s responsibilities: ―Call meeting to order ―Call for the vote, restate all motions submitted for vote, and announce decision ―Decide questions of order (pursuant to the City of Saratoga’s Rules of Parliamentary Procedure) ―Declare opening and closing of public hearings ―Lead meeting and preserve order ―Execute documents that have been approved by the Commission ―Represent the Commission at meetings when authorized by a majority of the Commission ―Work with staff assigned to the Commission to create meeting agendas The Chair and staff should be in contact prior to each regularly scheduled meeting in order to review and discuss the agenda. In the event that a personality conflict arises between individual Commissioners, it is the Chair’s responsibility to try to mediate and resolve the problem. If the conflict cannot be resolved, the Chair should approach the Director of the City Department staffing the Commission to discuss possible strategies to address the issue. 71 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 16 City of Saratoga Rules of Parliamentary Procedure These rules of parliamentary procedure are based on Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century written by Dave Rosenberg and published by the League of California Cities in 2003. The procedures set forth in Rosenberg’s have been modified slightly to reflect custom, practice, and specific Code requirements in Saratoga. While these rules have been drafted to conform with requirements of State law and the Saratoga City Code, in the event of a conflict between these procedures and those laws, the laws shall govern. Saratoga’s rules of parliamentary procedure are supported by the following four principles: 1. Rules should establish order. The first purpose of the rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly. That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of the rules of procedure is to encourage discussion and to facilitate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. THE CHAIRPERSON SHOULD TAKE A BACK SEAT DURING DISCUSSIONS While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other members of the body in debates and discussions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a member of the body, the chair has full rights to participate in debates, discussions, and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. THE BASIC FORMAT FOR AN AGENDA ITEM DISCUSSION All City Council and Commission meetings have a written, published agenda. The meeting is governed by the agenda and the agenda constitutes the agreed-upon road map for the meeting. Each agenda item should be handled by the chair in the following basic format. 72 Page 17 First, the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. If any member of the body has a conflict of interest, that member announces the conflict and need for recusal and leaves the dais at this time. Second, following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, a staff person, or a committee chair charged with providing information about the agenda item. Third, the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal public hearing, open the hearing. Speakers are typically limited to 3 minutes; shorter time limits may be imposed if numerous members of the public indicate a desire to speak to the subject. At the conclusion of the public comments, the chair should announce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth, the chair should invite members of the body to make remarks on the matter. This is an opportunity for members of the body to state their views on the subject before any formal motions are made. Sixth, the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Seventh, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Eighth, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: ―The chair can ask the maker of the motion to repeat it; ―The chair can repeat the motion; or ―The chair can ask the secretary or the clerk of the body to repeat the motion. Ninth, the chair should now invite discussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to repeat the motion. If there has been substantial discussion, it is normally best to make sure everyone understands the motion by repeating it. Tenth, the chair takes a vote. Simply asking for the “ayes” and then the “nays” is normally sufficient. If members of the body do not vote, then they “abstain.” Unless specific laws or procedures provide otherwise, a simple majority determines whether the motion passes or is defeated. 73 Page 18 Eleventh, the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all future meetings of this governing body.” MOTIONS IN GENERAL Motions are the vehicles for decision making. It is usually best to have a motion before the governing body prior to discussing an agenda item, to help everyone focus on the motion before them. The chair usually initiates the motion by: ―Inviting the members to make a motion: “A motion at this time would be in order.” ―Suggesting a motion to the members, for example: “A motion would be in order that we give 10- days notice in the future for all our meetings.” ―Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made, but no other member seems willing to do so. THE THREE BASIC MOTIONS Three motions are the most common: The basic motion — The basic motion is the one that puts forward a decision for consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” The motion to amend — If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion — If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would “move a substitute motion.” A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substitute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair determines it is really a substitute motion, the chair’s designation governs. WHEN MULTIPLE MOTIONS ARE BEFORE THE GOVERNING BODY Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. 74 Page 19 When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee, to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows: First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (10-member committee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. TO DEBATE OR NOT TO DEBATE The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): A motion to adjourn — This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess — This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. A motion to fix the time to adjourn — This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. 75 Page 20 A motion to table — This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion may contain a specific time in which the item can come back to the body: “I move we table this item until our regular meeting in October.” Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate — The most common form of this motion is to say: “I move the previous question” or “I move the question” or “I call for the question”. When a member of the body makes such a motion, the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two-thirds vote of the body. A similar action is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. MAJORITY AND SUPER-MAJORITY VOTES In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a five- member body, a vote of 3-2 passes the motion. A vote of 2-2 with one abstention means the motion fails. If one member is absent or recused and the vote is 2-2, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super-majority) to pass: Motion to limit debate — Whether a member says, “I move the previous question,” “I move the question,” “I call for the question” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to close nominations — When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. Motion to object to the consideration of a question — Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two- thirds vote to pass. Motion to suspend the rules — This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or for a particular agenda item. 76 Page 21 THE MOTION TO RECONSIDER There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. The standards for reconsideration are set forth in the City Code. COURTESY AND DECORUM The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly, and with full participation. And at the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in question, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege — The proper interruption would be: “Point of privilege”. The chair would then ask the interrupter to “state your point”. Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order — The proper interruption would be: “Point of order”. Again, the chair would ask the interrupter to “state your point”. Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal — If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day — This is simply another way of saying, “Let’s return to the agenda”. If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion — During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. 77 Page 22 SPECIAL NOTES ABOUT PUBLIC INPUT The rules outlined here help make meetings very public-friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participation in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. The rules presented here for conducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. 78 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 23 Working Relationships Working with Other Commission Members — Commissions achieve optimum participation when members strive to establish effective working relationships with each other by showing respect for each other’s viewpoints and allowing others to fully present their views. Supportive relationships with fellow Commission members, based upon mutual respect, are essential to a Commission’s success. Working with City Staff — City staff serve Commissions in an advisory capacity—much the same as the Commission serves the Council. Staff members are selected on the basis of their technical and professional abilities and are expected to provide Commissions with recommendations based upon their professional analysis of the situation, regardless of personal opinion or consideration of political consequence. It is not expected that every staff recommendation will be followed; however, because of staff’s technical expertise, full consideration should be given to their recommendation. The staff assigned to a Commission also handle administrative duties such as preparing meeting agendas, staff reports, and meeting minutes. Staff members are not considered members of a Commission and have no power to vote in Commission matters. Because of their support position, staff does not respond to questions from the public at a meeting unless requested to do so by the Chair. Commission members may not direct staff to initiate programs, conduct major studies, or establish official policy without the approval of the City Council. Working with the City Council — The purpose of the City’s Commissions is to expand the opportunity for citizen input and participation, study issues, and make recommendations to the City Council. The Council possesses the ultimate political and legal responsibility for the conduct of local government and the overall welfare of the community. There are times when the City Council may not choose to accept recommendations made by a Commission. When Commission recommendations are not accepted, it does not imply a lack of confidence or disinterest in the Commission’s advice. Council members must weigh the guidance provided by Commissions and other advisory bodies against a broader scope of considerations in their decision making process. Although a Commission may disagree with the decision of the Council, the Commission should not act in any manner contrary to the established policy adopted by the Council. Working with the Public — Commissions, as well as individual Commission members, serve as liaisons between the City and the general public. Thus, each member functions as a communication link between the community and the City, explaining City programs and recommendations, as well as providing a channel for citizen expression. Commission meetings should be conducive to a productive exchange of ideas and perspectives. A non-threatening atmosphere should be prevalent, and steps should be taken to ensure that members of the public are free to express their views without fear of ridicule or belittlement by anyone with an opposing viewpoint. Commission members should conduct themselves in a manner that demonstrates fairness and professionalism. Members should be considerate of all interests and value differences of opinion. Additionally, Commissioners should remain open-minded, objective, and make no judgment until all of the available evidence pertaining to an issue has been submitted. 79 Page 24 Members of the public are also expected to conform to an acceptable standard of conduct. Any person who willfully interrupts a public meeting or acts so as to render the orderly conduct of the meeting infeasible may be barred from further attendance at the meeting by the Commission or by the Chair. An individual so barred may not return for the remainder of the meeting unless permission is granted by a majority vote of the Commission. Effective Conflict Management — Commission meetings or citizen input meetings are sometimes difficult to manage. On occasion, meeting attendees may be highly emotional, have an strong interest in a particular item or issue, or may be nervous. There may be residents with strongly differing views. As a Commission member, it is important to guide the discussion so that all viewpoints are presented and not eliminated. The following suggestions should help manage conflict and confrontation effectively: ―Anticipate differences by learning about the topic beforehand, so you can concentrate on the meeting’s purpose ―Administer the meeting rules fairly, set the rules early, and make sure everyone abides by those rules without exception ―Explain the purpose of the meeting ―Ask that all speakers clearly identify themselves for the record (although the speaker cannot be legally required to provide this information, it helps improve dialog at the meeting and facilitate follow-up by staff or Commissioners) ―Set an acceptable time limit for testimony (generally three minutes per speaker, though this may be reduced by a vote of the Commission if there are a number of people wishing to speak on the matter) and maintain that time limit for all speakers ―Try not to overreact to inflammatory comments or expressions of frustration, instead try to redirect frustration into constructive discussion by asking questions, reinforcing areas where you agree, and seeking to bridge differences ―Avoid speaker-to-audience conversation—the purpose of meetings is to help make the Commission aware of considerations relating to an issue at hand, not to engage members of the public in conversation or debate ―Focus comments and questions during the public testimony period on gaining relevant information to make a decision on the issue ―Once testimony has ended, invite Commissioners to discuss their views 80 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 25 Government in Saratoga The City of Saratoga was incorporated on October 22, 1956 as a General Law City. General Law cities are organized and operated in accordance with provisions set forth in State law. (A Charter City, on the other hand, is governed by a local charter. The charter establishes the basis for city actions. About 80 percent of the cities in California are classified as General Law cities.) Saratoga’s Management Philosophy — Since incorporation, the City of Saratoga has operated its municipal government on the philosophy of maintaining the lowest possible costs by contracting with other public agencies and private companies to provide many services, such as police protection, road maintenance, and landscaping. Furthermore, the City has long emphasized providing residents with high quality, essential services. As a minimum services City, Saratoga is able to concentrate its resources on the most critical and basic functions of local government. This, in combination with the City’s practice of contracting, has served to keep the City operations and staff small and efficient. Elected Officials: City Council and Mayor — The City Council is the legislative body of the City, and it establishes City policy, adopts and monitors the annual operating and capital improvement budgets, makes appointments to various advisory committees and Commissions, and provides input on regional, state, and federal matters affecting Saratoga. The City Council consists of five members who are elected at-large to four-year overlapping terms, with elections occurring in November of even numbered years. The Council selects one of its members to serve as Mayor for a one-year term. The Mayor acts as the primary spokesperson and official representative of the Council. Additionally, the Mayor is the presiding officer at Council Meetings and executes official City documents approved by the Council. The Mayor does not possess powers or authority in excess of other members of the Council; rather, the person serving as Mayor is recognized as the leader of the Council, or first among equals. Council-Manager Form of Government — The City of Saratoga operates under the Council-Manager form of government. This form of government was established around the principals of business and was intended to make local government more efficient and more economical. The Council-Manager form of government is commonly used throughout the U.S. and by over 90% of California cities. In this form of government, the Council serves as the decision making body of the City and develops policy that reflects public interests. The City Manager oversees implementation of Council policy and supervises City operations. City staff then carries out direction from the City Manager. City Manager — The City Manager’s Office oversees the general operations of the City. In addition to supporting the City Council and Commissions, the City Manager’s Office manages the contracts for law enforcement, legal services, and garbage and recycling. This office is also responsible for coordinating intergovernmental relations, public relations, and emergency preparedness. 81 Page 26 City Attorney — The City of Saratoga contracts with the firm of Shute, Mihaly & Weinberger LLP for legal services. The City Attorney’s office acts as legal advisor to the City Council, Commissions, and City staff. Specifically, the City Attorney’s duties include: ―Attending City Council meetings ―Preparing ordinances, resolutions, contracts, leases, and other legal documents ―Representing the City in legal proceedings ―Preparing legal opinions for the City Administrative Services — The Administrative Services Department manages the financial affairs of the City. The department oversees budget development and implementation; prepares financial reports; coordinates the annual audit; manages cash, investments, and long term debt; administers payroll and accounts receivable; provides human resources services to the City; and oversees information technology responsibilities. The Community Development Department — The Community Development Department advises the City Council, Planning Commission, Heritage Preservation Commission, and other City Departments regarding the physical development of the City including the day-to-day implementation of the City’s land use policies. The Community Development Department consists of the Planning Division and Building Division, which includes code enforcement. The Planning Division oversees all aspects of zoning administration, which includes preparing and updating the City’s General Plan, keeping the City’s zoning ordinances current and effective, reviewing development proposals for consistency with the City’s plans and ordinances, processing permit and development applications, and forwarding land use recommendations to the Planning Commission and City Council. The Building Division is responsible for issuing building permits and conducting construction inspections, as well as overseeing enforcement of the City Code and processing business licenses. Public Works Department — The Public Works Department is responsible for overseeing street repair, traffic control, capital improvement project administration, parks and open space maintenance, flood control, and storm water management. The Engineering Division of the Department provides engineering advice and analysis for capital improvements, constructs public facilities, and manages traffic engineering and related contracts. The Department’s Maintenance Division repairs and maintains City streets, parks, storm drains, medians, sidewalks, traffic control systems, and equipment. Recreation & Facilities Department — The Recreation & Facilities Department provides fun opportunities and experiences that enhance the quality of life for the residents of Saratoga. The Recreation Division organizes athletic activities, such as a youth basketball league, adult softball and basketball programs, and health and fitness programs. The department also sponsors a youth theater program and an extensive children’s dance program. Teen events, over 70 summer camps, senior citizen trips, special holiday programs, and approximately 1,000 classes are offered each year. In addition, the Facilities Division manages City owned facilities including: the Civic Theater, the Community Center, the Senior Center, the Warner Hutton House, and Saratoga Prospect Center. The Facilities Maintenance Division also provides custodial service and maintenance to all City owned buildings. Other City Services — Many of the City’s services are provided through other local agencies and special districts and agencies. For example, there are 2 fire protection districts in the City of Saratoga that are responsible for fire protection services. Santa Clara County Fire Department oversees implementation of these services. 82 Page 27 Additionally, Saratoga is part of the Santa Clara County Library District. The district is funded by a parcel tax paid by property owners in the district. Sewer services are supplied by the West Valley Sanitation District and the Cupertino Sanitary District. Garbage and recycling services are managed by the West Valley Solid Waste Management Authority, which serves the communities of Saratoga, Los Gatos, Campbell, and Monte Sereno. Law enforcement services are provided by contract by the Santa Clara County Sheriff’s Office. The City has contracted out law enforcement services to the Sheriff’s Office since the City’s incorporation . City Organization — Below is a visualization of the City of Saratoga’s structure. Electorate City Council City Manager City Manager’s Office Administrative Services Community Development Recreation & Facilities Public Works Public Safety City Commissions City Attorney 83 Page 28CITY o f S A RATO G A CALIF O R N IA1956 Appendix City of Saratoga Commission Handbook 84 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 29 About Saratoga Early History — Although the incorporated City of Saratoga only dates back to 1956, the town had its beginnings more than a century earlier when William Campbell built a sawmill in 1848, about 2 ½ miles above the present village, along what is now Highway 9. The area’s earliest inhabitants were Native Americans who built homes near the mouth of the canyon at what an early map noted as Campbell’s Gap. In 1850-51 Martin McCarty, who leased the sawmill, built a toll road connecting it to the Village, to expedite the hauling of lumber. The site of this barrier gave the town its first widely used name “Toll Gate”—commemorated by a plaque at Third Street and Big Basin Way. McCarty also had a survey done, laying out the town of McCartysville, and a post office was established under that name in 1855. The discovery of mineral springs similar to those at Saratoga Springs, New York, lead to the renaming of the town to Saratoga in 1865. Pacific Congress Springs inspired the construction of an elaborate resort hotel, located about two miles above the Village. It flourished for almost forty years until it was destroyed by fire in 1903. The resort image lingered through succeeding years, even as agriculture became the dominant industry in Saratoga and the Santa Clara Valley. Vineyards and a few scattered orchards remain today as a reminder of this era, which ended with the valley’s rapid urbanization following World War II. Saratoga Today — The City encompasses an area of twelve square miles and has a population of approximately thirty thousand people. Saratoga is home to some of the top schools in the nation. Saratoga High School was ranked among the top high schools in the United States by the U.S. News & World Report. The City’s high ranking schools reflect its well-educated residents who put a priority on learning. Over thirty percent of the residents have a graduate or professional degree and sixty eight percent have a Bachelor’s degree. Along with the top performing schools, Saratoga offers a wide variety of attractions and cultural institutions that make the City unique. Fine restaurants, wineries, diverse shops, and performing arts venues beckon to residents and visitors. The beautiful Hakone Gardens, the elegant Montalvo Arts Center, Mountain Winery, and the Saratoga Village all contribute to Saratoga’s charm. The City also boasts a number of community organizations that are committed to the Saratoga Community. These organizations include the Chamber of Commerce, Saratoga Foothill Club, Saratoga Historical Foundation, Saratoga Area Senior Coordinating Council, League of Women Voters, Rotary, and Saratoga-Monte Sereno Community Foundation. The strong sense of community shared by Saratoga residents is reflected in the goals and objectives of these organizations. Lumber Street, photo from Saratoga Historical Foundation Hakone Gardens, photo by venzfinephoto.com 85 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 30 City of Saratoga Vision Statement Saratoga is a Community Where the common good prevails; Where the natural beauty of the City and its hillsides is preserved; Where historic assets are preserved and promoted; Where local commerce provides a vibrant presence in the Village and the other commercial areas; Where the orientation is toward the family; Where homes and neighborhoods are safe and peaceful; Where government is inclusive and values community involvement; Where desirable recreational and leisure opportunities are provided; Where quality education is provided and valued; Where value is placed on an attractive, well maintained and well planned community; Where government provides high quality, basic services in a cost effective manner; Where a small town, picturesque, residential atmosphere is retained; Where the arts and cultural activities which serve the community and the region are promoted; Where neighbors work together for the common good; Where leadership reflects community goals; and Where, because of the forgoing, the citizens and the families of Saratoga can genuinely enjoy being a part of and proud of this special community. 86 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 31 City Code on Commissions The following section includes portions of the City’s Municipal Code related to Commissions. To view the rest of the City’s Code, visit www.saratoga.ca.us and click on the “Municipal Code” link. Article 2-12 City Commissions 2-12.010 - Commissions generally. (a) Except as expressly stated otherwise, a Commission is any commission, committee, group, or board established by the City Council pursuant to ordinance or resolution whose members are appointed by the City Council, and which is expected to exist or has existed for more than one year. (b) A Commissioner is a member of a Commission. (c) Commissions shall advise the City Council in reviewing, establishing, and implementing City policy regarding the subject matters specified in the ordinance or resolution establishing the Commission and any subsequent amendments thereto. (d) The number of Commissioners shall be as set forth in the ordinance or resolution establishing the Commission and any subsequent amendments thereto. (e) All Commissions shall be governed by the terms of this Article 2-12. Unless expressly stated otherwise herein the terms of this Article 2-12 shall prevail over any contrary provision of any resolution adopted by the City Council. (f) On or before December 31 of each year, the City Clerk shall prepare and the City Council shall adopt a list of all Commissions containing the following information: 1. A list of the qualifications necessary for each Commissioner position; and 2. A list of all Commissioner terms which will expire during the next calendar year, including the name of the incumbent Commissioner, the date of appointment, the date the term expires and the qualifications necessary for the position. This list shall be made available to the public and shall be posted in the office of the City Clerk and at the Saratoga Library. (Ord. 203 Att. A (part), 2002) 2-12.020 - Qualifications. (a) Except as provided in Section 2-12.20(b), all Commissioners shall: 1. Be a resident of the City of Saratoga; 2. Be a registered voter of the City of Saratoga; 87 Page 32 3. Prior to being interviewed for appointment to a Commission, have attended at least one meeting of the Commission to which appointment is being sought; 4. Not hold any elected public office in any jurisdiction, any place or position of employment with the City of Saratoga; and 5. Satisfy any additional eligibility requirements specified in the ordinance or resolution establishing the Commission. (b) One or more of the requirements set forth in Section 2-12.020(a) shall not apply if the ordinance or resolution establishing a Commission directs that one or more of the requirements specified are not be applied to one or more members of the Commission. (c) If a Commissioner ceases to satisfy the requirements set forth in Section 2-12.020(a), the Commissioner’s office shall become automatically vacant. With respect to appointment and tenure of replacements, and in all other matters, the vacancy will be treated like any other on that Commission. (d) No person shall serve as a Commissioner on more than one Commission at any one time. For the purposes of this Subsection (d) only, the term Commission shall include only those entities designated as a Commission by resolution or ordinance and shall not include any entity established as a committee, group, or board. (e) Each Commissioner shall inform the City Clerk of the Commissioner’s residence address at the time of appointment and promptly inform the City Clerk of all subsequent changes of address. (Ord. 203 Att. A (part), 2002) 2-12.030 - Term. (a) Each Commissioner shall serve a term of four years unless an alternate term is specified by the resolution or ordinance establishing the Commission. (b) No Commissioner shall serve more than two full consecutive terms on a single Commission. A partial term served as a result of an appointment to fill an unexpired term is not considered a full term. A Commissioner who has served two full consecutive terms on a Commission may not be reappointed to that Commission for at least one year following the expiration of his or her term. The limitations set forth in this Subsection(b) shall not apply to the Youth Commission. (c) For each Commission, the terms of the Commissioners shall be staggered such that each year the four year terms of approximately an equal number of the Commissioners shall expire. Where a Commission has seven Commissioners, the terms of two Commissioners shall expire each year except that in the year after the first six Commission terms have expired, only one term shall expire. The limitations set forth in this subsection (c) shall not apply to the Youth Commission. (d) Notwithstanding subsection (a) of this section and section 2-15.020 regarding Planning Commissioner terms, where the terms of Commissioners on a Commission do not comply with subsection (c) of this section, a Commissioner may be appointed to a term of greater or less than four years for the purpose of making the terms of the Commissioners on the Commission comply with subsection (c). No term shall be reduced after a Commissioner is appointed to serve the term, except as otherwise provided by this Code. For purposes of subsection (b) of this section, a term of less than four years established pursuant to this paragraph is not a 88 Page 33 full term and a term that is more than four years at the time of appointment pursuant to this subsection (d) is a single term. (Amended by Ord. 208 § 2.1, 2002; Ord. 203 Att. A (part), 2002) (Ord. No. 264, § 2, 5-4-09) 2-12.040 - Attendance. (a) Each Commissioner shall regularly attend meetings of the Commission of which he or she is a member. (b) If a Commissioner is absent without permission of the Chair (or, in the case of the Chair, the Mayor) from three consecutive regular Commission meetings, the Commissioner’s office becomes vacant and shall be filled as any other vacancy. If a Commissioner is absent without permission from two consecutive regular Commission meetings, the secretary of the Commission shall mail to the Commissioner a courtesy notice of the requirements of this section, provided, however, that such notice shall not operate as prerequisite to the establishment of a vacancy pursuant to this Subsection (b) and that failure to mail such notice shall not create any right of action in any Commissioner or any other person. (Ord. 203 Att. A (part), 2002) 2-12.050 - Removal. All Commissioners shall serve at the pleasure of the City Council. The City Council may remove any Commissioner from office prior to the expiration of the Commissioner’s term by the affirmative vote of not less than three members of the City Council. (Ord. 203 Att. A (part), 2002) 2-12.060 - Vacancies. (a) Vacancies shall be filled by appointment by a majority vote of the City Council and shall be for the unexpired portion of the term of office vacated. (b) Whenever an unscheduled vacancy occurs in any Commission a special vacancy notice shall be posted in the office of the City Clerk and in the City Library not earlier than twenty days before and not later than twenty days after the vacancy occurs. Final appointment to the Commission shall not be made by the City Council for at least ten working days after the posting of the notice required by this section except that in an emergency the City Council may fill the unscheduled vacancy immediately such that the person appointed to fill the vacancy may serve only on an acting basis until the final appointment is made pursuant to this section. (Ord. 203 Att. A (part), 2002) 2-12.070 - Meetings. The regular meetings of each Commission shall be as specified in the ordinance or resolution establishing the Commission or, if no regular meeting time is established by ordinance or resolution the regular meeting time may be established by the Commission. Any regular meeting may be cancelled by a Commission upon announcement of such cancellation at the regular meeting preceding the meeting to be cancelled. (Ord. 203 Att. A (part), 2002) 89 Page 34 2-12.080 - Rules of procedure. (a) The following Sections of this Chapter pertaining to meetings conducted by the City Council shall be applicable to all meetings conducted by Commissions: 2-10.020(b) 2-10.030 through 2-10.080 2-10.110(c), (d), (f) and (g) 2-10.120 through 2-10.170 As so applied to a Commission, all references therein to City Council or Council member shall be deemed to mean the Commission or Commissioner to which the section is applied. All references therein to the Mayor shall be deemed to mean the Chair of the Commission; and all references therein to the City Clerk shall be deemed to mean the secretary of the Commission. (b) The failure of passage of any motion before a Commission shall be deemed a denial of the motion; provided, however, a motion failing by reason of an evenly split vote by the Commission at a meeting where not all Commissioners are present shall be agendized and voted upon at the next regular meeting of the Commission at which a quorum is present. (c) Each Commission shall elect a Chair to serve a twelve month term. No person shall serve as Chair of the same Commission more than one full term in any four year period. (d) In addition to the rules made applicable to Commissions as specified in paragraph (a) of this section, each Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly and efficient conduct of its business which are not inconsistent with the provisions of this Code. (e) The City Manager or his or her designee shall be the secretary of each Commission unless otherwise specified by the ordinance or resolution establishing the Commission. (f) This section 2-12.080 shall not apply to the Planning Commission which shall follow the rules of procedure set forth in section 2-15.050 of this Code. (Ord. 203 Att. A (part), 2002) 90 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 35 City of Saratoga Code of Ethics and Values Preamble — The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The City of Saratoga has adopted this Code of Ethics & Values to promote and maintain the highest standards of personal and professional conduct in the City’s government. All elected and appointed officials, City employees, volunteers, and others who participate in the city’s government are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its nine core values in their work. Because we seek public confidence in the City’s services and public trust of its decision-makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this code. 1. As a Representative of the City of Saratoga, I will be ethical. In practice, this value looks like: a. I am trustworthy, acting with the utmost integrity and moral courage. b. I am truthful, do what I say I will do, and am dependable. c. I make impartial decisions, free of bribes, unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. d. I am fair, distributing benefits and burdens according to consistent and equitable criteria. e. I extend equal opportunities and due process to all parties in matters under consideration. If I engage in unilateral meetings and discussions, I do so without making voting decisions. f. I show respect for persons, confidences, and information designated as “confidential.” g. I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority. 2. As a Representative of the City of Saratoga, I will be professional. In practice, this value looks like: a. I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b. I approach my job and work-related relationships with a positive attitude. c. I keep my professional knowledge and skills current and growing. 91 Page 36 3. As a Representative of the City of Saratoga, I will be service-oriented. In practice, this value looks like: a. I provide friendly, receptive, courteous service to everyone. b. I am attuned to, and care about, the needs and issues of citizens, public officials, and city workers. c. In my interactions with constituents, I am interested, engaged, and responsive. 4. As a Representative of the City of Saratoga, I will be fiscally responsible. In practice, this value looks like: a. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. b. I demonstrate concern for the proper use of City assets (e.g., personnel, time, property, equipment, funds) and follow established procedures. c. I make good financial decisions that seek to preserve programs and services for City residents. 5. As a Representative of the City of Saratoga, I will be respectful. In practice, this value looks like: a. I will listen carefully to the views of others and refrain from interrupting others during discussions of City business. b. I will be succinct and direct in expressing my views. c. I will not debate with staff or members of the public in public meetings. d. I will avoid using acronyms and will explain their meaning when they must be used. 6. As a Representative of the City of Saratoga, I will be organized. In practice, this value looks like: a. I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short and long term goals. b. I follow through in a responsible way, keeping others informed, and responding in a timely fashion. c. I am respectful of established City processes and guidelines. d. I recognize that I am part of a team and will shoulder my share of responsibilities in representing the City. e. I will attend all meetings of committees to which I am assigned and meetings with colleagues in nearby jurisdictions or will work to find another to attend in my place. 92 Page 37 7. As a Representative of the City of Saratoga, I will be communicative. In practice, this value looks like: a. I convey the City’s care for and commitment to its citizens. b. I communicate in various ways that I am approachable, open-minded and willing to participate in dialog. c. I engage in effective two-way communication, by listening carefully, asking questions, and determining an appropriate response which adds value to conversations. 8. As a Representative of the City of Saratoga, I will be collaborative. In practice, this value looks like: a. I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding. b. I work towards consensus building and gain value from diverse opinions. c. I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. d. I consider the broader regional and State-wide implications of the City’s decisions and issues. e. I act in a constructive manner when expressing concern about or disagreeing with the statements of others. 9. As a Representative of the City of Saratoga, I will be progressive. In practice, this value looks like: a. I exhibit a proactive, innovative approach to setting goals and conducting the City’s business. b. I display a style that maintains consistent standards, but is also sensitive to the need for compromise, “thinking outside the box,” and improving existing paradigms when necessary. c. I promote intelligent and thoughtful innovation in order to forward the City’s policy agenda and City services. 93 CITY o f S ARATO G A CALIF O R N IA1956 City of Saratoga Conflict of Interest Code City of Saratoga Commission Handbook Page 38 94 Page 39 95 Page 40 96 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 41 City of Saratoga Reimbursement Policy 97 Page 42 98 Page 43 99 Page 44 100 Page 45 101 Page 46 102 Page 47 103 Page 48 104 Page 49 105 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 50 E-Communications Policy 106 Page 51 107 Page 52 108 Page 53 109 Page 54 110 CITY o f S ARATO G A CALIF O R N IA1956City of Saratoga Commission Handbook Page 55 Accessing City Email Checking Your Outlook Mailbox Remotely Step 1: Enter this address into your browser’s address bar: https://xmail.saratoga.ca.us Step 2: A prompt will appear. Enter the necessary information below to proceed: Domain\user name | (your windows login name) Password | your windows login password Client | Premium Security | Select public or private (depending on your preference) Step 3: Select Sign In Step 4: Please log off when you are finished by selecting Sign Out at the top right 111 SARATOGA CITY COUNCIL MEETING DATE: September 4, 2013 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: 2013 League of California Cities Annual Conference Resolutions RECOMMENDED ACTION: Discuss the resolutions to be voted upon at the League of California Cities Annual Conference by designated voters of member agencies and provide the City of Saratoga’s voting delegate, Council Member Chuck Page, with input on the resolutions. BACKGROUND: Each year, the League of California Cities holds an annual conference. This year, the conference will take place from September 18, 2013 to September 20, 2013 in Sacramento. During the conference, resolutions that set policy direction for the League are considered and voted upon. Members cities are expected to send a designated voter to represent their city’s position. The City Council selected Council Member Page to serve as the Saratoga voting delegate at the June 19, 2013 Regular City Council Meeting. To be considered, resolutions must be concurred in by five cities or by city officials from at least five different cities. This year, there are two resolutions that will be considered. The two resolutions and additional information about the resolutions are included in Attachment A. Below is a summary of the resolutions. Resolution 1: Resolution Calling Upon the Governor and the Legislature to Work with the League of California Cities in Providing Adequate Funding and to Prioritize Water Bonds to Assist Local Government in Water Conservation, Ground Water Recharge and Reuse of Stormwater and Urban Runoff Programs Source: Los Angeles County Division Concurring Cities/City Officials: Alhambra, Cerritos, Claremont, Glendora, Lakewood, La Mirada, La Verne, Norwalk, Signal Hill, Monrovia Mayor Mary Ann Lutz Page 1 of 2 112 Resolution 2: Resolution Calling Upon the Governor and Legislature to Enter into Discussions with the League of California Cities Police Chiefs’ Association Representatives to Identify and Enact Strategies that will Ensure the Success of Public Safety Realignment from a Local Municipal Law Enforcement Perspective Source: Public Safety Policy Committee Concurring Cities/City Officials: Arroyo Grande, Covina, Fontana, Glendora, Monrovia, Ontario, Pismo Beach, Santa Barbara FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Input from the City Council on the resolutions to be considered at the 2013 League of California Cities Annual Conference will not be given to the City of Saratoga voting delegate. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: 2013 League of California Cities Resolutions Packet Page 2 of 2 113 Annual Conference Resolutions Packet 1155th55th Annual Conference Sacramento September 18 - 20, 2013 114 INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, two resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. POLICY COMMITTEES: Two policy committees will meet at the Annual Conference to consider and take action on resolutions referred to them. The committees are Environmental Quality and Public Safety. These committees will meet on Wednesday, September 18, 2013, at the Sheraton Grand Hotel in Sacramento. The sponsors of the resolutions have been notified of the time and location of the meetings. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, September 19, at the Sacramento Convention Center, to consider the reports of the two policy committees regarding the two resolutions. This committee includes one representative from each of the League’s regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. Please check in at the registration desk for room location. ANNUAL LUNCHEON/BUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 12:00 p.m. on Friday, September 20, at the Hyatt Regency Hotel. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (47 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, that deadline is 12:00 p.m., Thursday, September 19. If the petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution may be disqualified by the General Resolutions Committee. Resolutions can be viewed on the League's Web site: www.cacities.org/resolutions. Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League office: mdesmond@cacities.org or (916) 658-8224 115 GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities is through the League’s eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the board of directors. (c) Consider important issues not adequately addressed by the policy committees and board of directors. (d) Amend the League bylaws (requires 2/3 vote at General Assembly). 116 LOCATION OF MEETINGS Policy Committee Meetings Wednesday, September 18, 2013 Sheraton Grand Hotel 1230 J Street, Sacramento Public Safety: 9:00 a.m. – 10:30 a.m. Environmental Quality: 10:30 a.m. – 12:00 p.m. General Resolutions Committee Thursday, September 19, 2013, 1:00 p.m. Sacramento Convention Center 1400 J Street, Sacramento Annual Business Meeting and General Assembly Luncheon Friday, September 20, 2013, 12:00 p.m. Hyatt Regency Hotel 1209 L Street, Sacramento 117 KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Number Key Word Index Reviewing Body Action 123 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ENVIRONMENTAL QUALITY POLICY COMMITTEE 12 3 1 Water Bond Funds PUBLIC SAFETY POLICY COMMITTEE 12 3 2 Public Safety Realignment Information pertaining to the Annual Conference Resolutions will also be posted on each committee’s page on the League website: www.cacities.org. The entire Resolutions Packet will be posted at: www.cacities.org/resolutions. 118 KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee A - Approve 2. General Resolutions Committee D - Disapprove 3. General Assembly N - No Action R - Refer to appropriate policy committee for study Action Footnotes a- Amend * Subject matter covered in another resolution Aa - Approve as amended ** Existing League policy Aaa - Approve with additional amendment(s) *** Local authority presently exists Ra - Amend and refer as amended to appropriate policy committee for study Raa - Additional amendments and refer Da - Amend (for clarity or brevity) and Disapprove Na - Amend (for clarity or brevity) and take No Action W - Withdrawn by Sponsor Procedural Note:Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee: Resolutions initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the basis for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. 119 2013 ANNUAL CONFERENCE RESOLUTIONS RESOLUTION REFERRED TO ENVIRONMENTAL QUALITY POLICY COMMITTEE 1. RESOLUTION CALLING UPON THE GOVERNOR AND THE LEGISLATURE TO WORK WITH THE LEAGUE OF CALIFORNIA CITIES IN PROVIDING ADEQUATE FUNDING AND TO PRIORITIZE WATER BONDS TO ASSIST LOCAL GOVERNMENT IN WATER CONSERVATION, GROUND WATER RECHARGE AND REUSE OF STORMWATER AND URBAN RUNOFF PROGRAMS. Source: Los Angeles County Division Concurrence of five or more cities/city officials: Cities of Alhambra; Cerritos; Claremont; Glendora; Lakewood; La Mirada; La Verne; Norwalk; Signal Hill; Mary Ann Lutz, Mayor, city of Monrovia. Referred to: Environmental Quality Policy Committee Recommendations to General Resolutions Committee: Approve WHEREAS, local governments play a critical role in providing water conservation, ground water recharge and reuse of stormwater infrastructure, including capture and reuse of stormwater for their citizens, businesses and institutions; and WHEREAS,local governments support the goals of the Clean Water Act to ensure safe, clean water supply for all and the U.S. Environmental Protection Agency has encouraged local governments to implement programs to capture, infiltrate and treat stormwater and urban runoff with the use of low impact development ordinances, green street policies and programs to increase the local ground water supply through stormwater capture and infiltration programs; and WHEREAS,local governments also support the State’s water quality objectives, specifically Section 13241of the Porter-Cologne Water Quality Control Act, on the need to maximize the use of reclaimed and water reuse and the Regional Water Quality Control Boards and the State Water Resources Board encourage rainwater capture efforts; and WHEREAS, the State’s actions working through the water boards, supported by substantial Federal, State and local investments, have led to a dramatic decrease in water pollution from wastewater treatment plants and other so-called “point sources” since 1972. However, the current threats to the State’s water quality are far more difficult to solve, even as the demand for clean water increases from a growing population and an economically important agricultural industry; and WHEREAS, the State’s Little Hoover Commission found in 2009 that more than 30,000 stormwater discharges are subject to permits regulating large and small cities, counties, construction sites and industry. The Commission found that a diverse group of water users – the military, small and large businesses, home builders and local governments and more – face enormous costs as they try to control and limit stormwater pollution. The Commission concluded that the costs of stormwater clean up are enormous and that the costs of stormwater pollution are greater, as beach closures impact the State’s economy and environmental damage threatens to impair wildlife; and WHEREAS,at the same time that new programs and projects to improve water quality are currently being required by the U.S. EPA and the State under the National Pollution Discharge Elimination System (NPDES) permits and the Total Daily Maximum Load (TMDL) programs, many local governments find that they lack the basic infrastructure to capture, infiltrate and reuse stormwater and cities are facing difficult economic challenges while Federal and State financial assistance has been reduced due to the impacts of the recession and slow economic recovery; and 120 WHEREAS,cities have seen their costs with the new NPDES permit requirements double and triple in size in the past year, with additional costs anticipated in future years. Additionally, many local businesses have grown increasingly concerned about the costs of retrofitting their properties to meet stormwater and runoff requirements required under the NPDES permits and TMDL programs; and WHEREAS,the League of California Cities adopted water polices in March of 2012, recognizing that the development and operation of water supply, flood control and storm water management, among other water functions, is frequently beyond the capacity of local areas to finance and the League found that since most facilities have widespread benefits, it has become the tradition for Federal, State and local governments to share their costs (XIV, Financial Considerations); and the League supports legislation providing funding for stormwater and other water programs; and WHEREAS,the Governor and the Legislature are currently contemplating projects for a water bond and a portion of the bond could be directed to assist local government in funding and implementing the goals of the Clean Water Act and the State’s water objectives of conserving and reusing stormwater in order to improve the supply and reliability of water supply; and now therefore let it be RESOLVED by the General Assembly of the League of California Cities, assembled in Sacramento on September 20, 2013, that the League calls for the Governor and the Legislature to work with the League and other stakeholders to provide adequate funding for water conservation, ground water recharge and capture and reuse of stormwater and runoff in the water bond issue and to prioritize future water bonds to assist local governments in funding these programs. The League will work with its member cities to educate federal and state officials to the challenges facing local governments in providing for programs to capture, infiltrate and reuse stormwater and urban runoff. ////////// Background Information on Resolution No. 1 Source: Los Angeles County Division Background: In order to meet the goals of both the Federal Clean Water Act and the State’s Porter-Cologne Water Quality Control Act, which seek to ensure safe clean water supplies, cities provide critical water conservation, ground water recharge and reuse of stormwater infrastructure, including capture and reuse of stormwater for their citizens, businesses and institutions. Working with the State’s Regional Water Quality Control Boards and the State Water Resources Board through the National Pollution Discharge Elimination System (NPDES) permitting process and Total Maximum Daily Load (TMDL) Programs, California’s cities implement programs to capture, infiltrate and treat stormwater and urban runoff with the use of low impact development ordinances, green streets policies and other programs to increase the local ground water supply. These actions have led to a dramatic decrease in water pollution from wastewater treatment plants and other so-called “point sources” since the adoption of the Clean Water Act in 1972. However, current threats to the State’s “non-point sources “ of pollution, such as stormwater and urban runoff are far more difficult to solve, even as the demand for clean water increases from a growing population and an economically important agricultural industry. 121 Current Problem Facing California’s Cities The Little Hoover Commission found in 2009 that more than 30,000 stormwater discharges are subject to permits regulating large and small cities, counties, construction sites and industry. The Commission found that a diverse group of water users – the military, small and large businesses, home builders and local governments and more – face enormous costs as they try and control and limit stormwater pollution. The Commission concluded that the costs of stormwater clean up are enormous and that the costs of stormwater pollution are greater as beach closures impact the state’s economy and environmental damage threatens to impair wildlife. Additionally, new programs and projects to improve water quality are currently being required by the U.S. EPA and the State under the NPDES permits and the TMDL programs. Many local governments find that they lack the basic infrastructure to capture, infiltrate and reuse stormwater and the cities are facing difficult economic challenges while Federal and State financial assistance has been reduced due to the impacts of the recession and slow economic recovery. Cities have seen their costs with the new NPDES permit requirements triple in size in the past year, with additional costs anticipated in future years. Additionally, many local businesses have grown increasingly concerned about the costs of retrofitting their properties to meet stormwater and runoff requirements required under the NPDES permits and TMDL programs. In Los Angeles County alone, reports commissioned by the Los Angeles County Flood Control District estimate the costs of achieving region-wide compliance for implementing TMDL programs in the NPDES permits required by the Los Angeles Regional Water Quality Control Board (LARWQCB) will be in the tens of billions of dollars over the next twenty years. Additionally, failure to comply with the LARWQCB’s terms could result in significant Clean Water Act fines, state fines and federal penalties anywhere from $3,000- $37,500 per day. Violations can also result in third-party litigation. Such costs are not confined to Los Angeles County and are being realized statewide. Clearly, compliance with the NPDES permit and TMDL programs will be expensive for local governments over a long period of time and cities lack a stable, long-term, dedicated local funding source to address this need. Many cities are faced with the choice of either cutting existing services or finding new sources of revenue to fund the NPDES and TMDL programs. Los Angeles County Division Resolution The Division supports strong League education and advocacy at both the State and Federal levels to help cities face the challenges in providing programs to capture, infiltrate and reuse stormwater and urban runoff. While Los Angeles County cities and other regions seek to secure local funding sources to meet the Clean Water Act and the State’s water objectives, it will simply not be enough to meet the enormous costs of compliance. The Los Angeles County Division strongly believes that State and Federal cooperation are necessary to fund programs to secure and reuse stormwater in order to improve water supply and reliability throughout the state. The Division calls for the League to engage in discussions on 2014 State Water Bond to assist cities in funding and implementing the goals of the Clean Water Act and the State’s Water objectives. This resolution does not support the 2014 bond issue, since the League and individual cities will need to make this decision at a later time upon review of the final language. However, the Governor and Legislature have reopened discussions for the 2014 water bond and funding of urban runoff and stormwater programs has taken a back seat in past bond issues, such as Proposition 84. In May, Assembly Speaker John Perez appointed a Water Bond Working Group which recently outlined a new set of Priorities and Accountability Measures for developing a water bond that would gain the support of 2/3 of the Legislature and voters. One of the priorities identified by the committee included, “Regional Self Reliance/Integrated Regional Water 122 Management,” posing the question if stormwater capture should be included in any future bonds. The Division believes the opportunity to advocate for funding in the bond is now. ////////// League of California Cities Staff Analysis on Resolution No. 1 Staff: Jason Rhine; (916) 658-8264 Committee: Environmental Quality Summary: This resolution seeks to call upon the Governor and the Legislature to work with the League of California Cities in providing adequate funding and to prioritize water bonds to assist local governments in water conservation, ground water recharge and reuse of stormwater and urban runoff programs. Background: In 2009, the State Legislature passed and Governor Arnold Schwarzenegger signed a package of legislation that included four policy bills and an $11.1 billion water bond (The Clean, and Reliable Drinking Water Supply Act). The water bond included the following major spending proposals: x $455 million for drought relief projects, disadvantaged communities, small community wastewater treatment improvements and safe drinking water revolving fund x $1.4 billion for "integrated regional water management projects" x $2.25 billion for projects that "support delta sustainability options" x $3 billion for water storage projects x $1.7 billion for ecosystem and watershed protection and restoration projects in 21 watersheds x $1 billion for groundwater protection and cleanup x $1.25 billion for "water recycling and advanced treatment technology projects" The $11.1 billion bond also included nearly $2 billion in earmarks. Projects slated for funding included: x $40 million to educate the public about California's water x $100 million for a Lake Tahoe Environmental Improvement Program for watershed restoration, bike trails and public access and recreation projects x $75 million for the Sierra Nevada Conservancy, for public access, education and interpretive projects x $20 million for the Baldwin Hills Conservancy to be used to buy more land x $20 million for the Bolsa Chica Wetlands for interpretive projects for visitors The water bond was originally scheduled to appear on the 2010 ballot as Proposition 18. However, due to significant criticism over the size of the bond, the amount of earmarked projects, and a lack of public support, the Legislature has voted twice to postpone the ballot vote. The water bond is now slated for the November 4, 2014 ballot. It is unclear whether or not the water bond will actually appear on the November 2014 ballot. In recent months, pressure has been mounting to postpone the water bond yet again or significantly rewrite the water bond to drastically reduce the overall size of the bond and remove all earmarks. The Legislature has until the summer of 2014 to act. Fiscal Impact: Unknown. This resolution does not seek a specified appropriation from a water bond. 123 Existing League Policy: In 2008, the League formed a new Water Task Force to consider updates and revision to the Water Guidelines the League drafted and adopted 20 years earlier. These new Guidelines were formally approved by the League board of directors in Feb. 2010. Below are the most pertinent policy and guiding principles related to the proposed resolution. To view the entire water policy guidelines, go to www.cacities.org/waterpolicyguidelines. General Principles x The League supports the development of additional groundwater and surface water storage, including proposed surface storage projects now under study if they are determined to be feasible, including but not limited to: environmentally, economically, and geographically relating to point of origin. Appropriate funding sources could include, but are not limited to user fees, bonds and federal funding. x The League supports state water policy that allows undertaking aggressive water conservation and water use efficiency while preserving, and not diminishing, public and constitutional water rights. Water Conservation x The League supports the development of a statewide goal to reduce water use by 20% by 2020 through the implementation of fair and equitable measures consistent with these principles. x Accomplishing water conservation and water use efficiency goals will require statewide action by all water users, including residential, commercial, industrial and agricultural water users, local and regional planning agencies, state and federal agencies, chambers of commerce, and business, commercial and industrial professional and trade associations. Water Recycling x Wherever feasible, water recycling should be practiced in urban, industrial and agricultural sectors. This includes increasing the use of recycled water over 2002 levels by at least one million acre- feet/year (afy) by 2020 and by at least two million afy by 2030. x Increased recycling, reuse and other refinements in water management practices should be included in all water supply programs. Water Storage x The development of additional surface facilities and use of groundwater basins to store surface water that is surplus to that needed to maintain State Water Resource Control Board (SWRCB) Bay- Delta estuary water quality standards should be supported. Groundwater x The principle that local entities within groundwater basins (i.e., cities, counties, special districts, and the regional water quality control boards) working cooperatively should be responsible for and involved in developing and implementing basin wide groundwater, basin management plans should be supported. The plans should include, but not be limited to: a) protecting groundwater quality; b) identifying means to correct groundwater overdraft; c) implementing better irrigation techniques; d) increasing water reclamation and reuse; and e) refining water conservation and other management practices. x Financial assistance from state and federal governments should be made available to requesting local agencies to develop and implement their groundwater management plans. Financial Considerations x It is recognized that the development and operation of water supply, water conveyance, flood control and stormwater management, water storage, and wastewater treatment facilities is frequently beyond the capability of local areas to finance; 124 x The League supports legislation to provide funding for stormwater, water and wastewater programs, including a constitutional amendment which would place stormwater fees in the category of water and wastewater fees, for the purposes of Proposition 218 compliance. Support: New this year, any resolutions submitted to the General Assembly must be concurred in by five cities or by city officials from at least five or more cities. Those submitting resolutions were asked to provide written documentation of concurrence. The following letters of concurrence were received: cities of Alhambra; Cerritos; Claremont; Glendora; Lakewood; La Mirada; La Verne; Norwalk; Signal Hill; and Mary Ann Lutz, Mayor, city of Monrovia. A letter of support was also received from the California Contract Cities Association. RESOLUTION REFERRED TO PUBLIC SAFETY POLICY COMMITTEE 2. RESOLUTION CALLING UPON THE GOVERNOR AND LEGISLATURE TO ENTER INTO DISCUSSIONS WITH THE LEAGUE AND CALIFORNIA POLICE CHIEFS’ ASSOCIATION REPRESENTATIVES TO IDENTIFY AND ENACT STRATEGIES THAT WILL ENSURE THE SUCCESS OF PUBLIC SAFETY REALIGNMENT FROM A LOCAL MUNICIPAL LAW ENFORCEMENT PERSPECTIVE. Source: Public Safety Policy Committee Concurrence of five or more cities/city officials: Cities of Arroyo Grande, Covina; Fontana; Glendora; Monrovia; Ontario; Pismo Beach; and Santa Barbara Referred to: Public Safety Policy Committee Recommendation to General Resolutions Committee: Approve WHEREAS, in October 2011 the Governor proposed the realignment of public safety responsibilities from state prisons to local government as a way to address recent court orders in response to litigation related to state prison overcrowding, and to reduce state expenditures; and WHEREAS, the Governor stated that realignment needed to be fully funded with a constitutionally protected source of funds if it were to succeed; and WHEREAS, the Legislature enacted the realignment measures, AB 109 and AB 117, and the Governor signed them into law without full constitutionally protected funding and liability protection for stakeholders; and WHEREAS, California currently has insufficient jail space, probation officers, housing and job placement programs, medical and mental health facilities, lacks a uniform definition of recidivism; and utilizes inappropriate convictions used to determine inmate eligibility for participation in the realignment program; and WHEREAS,since the implementation of realignment there have been numerous issues identified that have not been properly addressed that significantly impact municipal police departments’ efforts to successfully implement realignment; and WHEREAS,ultimately many of these probationers who have severe mental illness are released into communities where they continue to commit crimes that impact the safety of community members and drain the resources of probation departments and police departments throughout the state; and 125 WHEREAS, an estimated 30 counties were operating under court-ordered or self-imposed population caps before realignment, and the current lack of bed space in county jails has since led to many convicted probationers being released early after serving a fraction of their time; with inadequate to no subsequent supervision, leaving them free to engage in further criminal offenses in our local cities; and WHEREAS, there is increasing knowledge among the offender population which offenses will and will not result in a sentence to state prison, and many offenders, if held in custody pending trial, that would be sentenced to county jail are ultimately sentenced to time served due to overcrowding in county facilities; and WHEREAS,there are inadequate databases allowing local police departments to share critical offender information among themselves, with county probation departments, and with other county and state law enforcement entities; and WHEREAS,local police departments have not received adequate funding to properly address this new population of offenders who are victimizing California communities; and now therefore let it be RESOLVED by the General Assembly of the League of California Cities, assembled in Sacramento on September 20, 2013, to request the Governor and State Legislature to immediately enter into discussions with League representatives and the California Police Chiefs’ Association to address the following issues: 1. The need to fully fund municipal police departments with constitutionally protected funding to appropriately address realignment issues facing front-line law enforcement; 2. Amend appropriate sections of AB 109 to change the criteria justifying the release of non-violent, non-serious, non-sex offender inmates (N3) inmates to include their total criminal and mental history instead of only their last criminal conviction; 3. Establish a uniform definition of recidivism with the input of all criminal justice stakeholders throughout the state; 4. Enact legislation that will accommodate the option for city police officers to make ten (10) day flash incarcerations in city jails for probationers who violate the conditions of their probation; 5. Establish oversight procedures to encourage transparency and accountability over the use of realignment funding; 6. Implement the recommendations identified in the California Little Hoover Commission Report #216 dated May 30, 2013; 7. Provide for greater representation of city officials on the local Community Corrections Partnerships. Currently AB 117 provides for only one city official (a police chief) on the seven-member body, six of which are aligned with the county in which the partnership has been established. As a result, the counties dominate the committees and the subsequent distribution of realignment funds. 8. Provide, either administratively or by legislation, an effective statewide data sharing mechanism allowing state and local law enforcement agencies to rapidly and efficiently share offender information to assist in tracking and monitoring the activities of AB 109 and other offenders. ////////// 126 Background Information on Resolution No. 2 Source:Public Safety Policy Committee Background: In October 2011 the Governor proposed the realignment of public safety tasks from State Prisons to local government as a way to address certain judicial orders dealing with State prison overcrowding and to reduce State expenditures. This program shifts the prisoner burden from State prisons to local counties and cities. When the Governor signed into law realignment he stated that realignment needed to be fully funded with constitutionally protected source of funds to succeed. Nonetheless, the law was implemented without full constitutional protected funding for counties and cities; insufficient liability protections to local agencies; jail space; probation officers; housing and job placement programs; medical and mental health facilities; and with an inappropriate definition of N3 (non-serious, non-sexual, non-violent) criminal convictions used to screen inmates for participation in the program. Two-thirds of California's 58 counties are already under some form of mandated early release. Currently, 20 counties have to comply with maximum population capacity limits enforced by court order, while another 12 counties have self-imposed population caps to avoid lawsuits. At this time no one knows what the full impact of realignment will ultimately be on crime. We hope that crime will continue to drop, but with the current experience of the 40,000 offenders realigned since October 2011, and an estimated additional 12,000 offenders being shifted from State prison to local jails and community supervision by the end of fiscal year 2013-14, it will be very difficult to realize lower crime rates in the future. Beginning in October 2011, California State prisons began moving N3 offenders into county jails, the county probation and court systems, and ultimately funneled them into community supervision or alternative sentencing program in cities where they will live, work, and commit crime. Note: There is currently no uniform definition of recidivism throughout the state and no database that can deliver statistical information on the overall impact realignment has had on all cities in California. Because of this problem we have used data from Los Angeles County. The March 4, 2013 report to the Los Angeles County Criminal Justice Coordination Committee (CCJCC) shows a strong effort and progress in addressing the realignment mandate. However, there is insufficient funding. The report also states the jail population continues to be heavily influenced by participants housed locally. On September 30, 2012, the inmate count in the Los Angeles County Jail was 15,463; on January 31, 2013, the count was 18,864. The realignment population accounted for 32% of the Jail population; 5,743 offenders sentenced per Penal Code Section 1170 (h) and 408 parole violations. By the end of January 2013, 13,535 offenders were released on Post Release Community Supervision (PRCS) to Los Angeles County including prisoners with the highest maintenance costs because of medical and drug problems and mental health issues costing counties and local cities millions of dollars in unfunded mandates since the beginning of the program. Prisoners with prior histories of violent crimes are also being released without proper supervision. That is why sections of AB 109 must be amended to change the criteria used to justify the release of N3 inmates to include an offender’s total criminal and mental history instead of only their last criminal conviction.Using the latter as the key criteria does not provide 127 an accurate risk assessment of the threat these offenders pose to society if they are realigned to county facilities, or placed on Post Release Community Supervision. Chief Jerry Powers from the Los Angeles County Probation Department recently stated the release criteria for N3 offenders “has nothing to do with reality.” He said initially the State estimated the population of released PRCS offenders would be 50% High Risk, 25% Medium Risk and 25% Low Risk. The reality is 3% are Very High Risk, 55% are High Risk, 40% are Medium Risk and only 2% are Low Risk offenders. He said the High Risk and serious mentally ill offenders being released “are a very scary population.” One of the special needs offenders takes the resources of 20-30 other offenders. Assistant Sheriff Terri McDonald who is the county Jail Administrator recently stated the Jail has only 30 beds for mentally ill offenders being released – when in fact she actually needs 300 beds to accommodate the volume of serious mentally ill offenders being released that require beds. Los Angeles County data shows 7,200 released offenders have had some sort of revocation. This number is expected to increase because of a significant increase in the first four months of year two of realignment that totals 83% of the entire first year of the program; 4,300 warrants were issued for offenders; 6,200 offenders have been rearrested; and 1,400 prosecuted. Data reveals one in 10 offenders will test positive for drugs during the first 72 hours after being released knowing they are required to report to a probation officer during that time. Only one in three offenders will successfully complete probation. There are more than 500 felony crimes that qualify State prison inmates for release under realignment. They will be spending their time in cities with little, if any, supervision. ////////// League of California Cities Staff Analysis on Resolution No. 2 Staff: Tim Cromartie (916) 658-8252 Committee: Public Safety Policy Committee Summary: This Resolution seeks to outline the deficiencies in the State’s current public safety realignment policy, as implemented in 2011 by AB 109, and to identify policy changes that will assist State, county and municipal law enforcement entities to cope with the expanded universe of offenders that are now being directed to county facilities, resulting in increased related impacts on both local communities and municipal law enforcement. Background: This resolution was brought to the Public Safety Policy Committee by individual members of that committee who are increasingly concerned about municipal public safety impacts resulting from county jail overcrowding, a problem that has intensified with realignment, resulting in certain categories of offenders doing no jail time or being sentenced to time served. This has created a climate in which some offenses receive little or no jail time, accompanied by a growing body of anecdotal evidence that property crimes have correspondingly increased, with some, such as auto theft, being committed in serial fashion. Increased criminal activity has strained the resources of many local police departments already struggling to more closely coordinate information sharing with county probation offices to effectively monitor offenders on post-community release supervision. In addition, there is growing concern about the criteria established for determining which offenders are eligible for post-release community supervision (the non-violent, non-serious, non-sex offenders). There is so much concern that a May 2013 report of California’s Little Hoover Commission recommended adjusting 128 the criteria to examine an offender’s total criminal history rather than merely his or her last known offense, as a means of more accurately assessing the risk he or she might pose to the community. Implementation of the realignment policy is handled in part by the Community Corrections Partnerships established by AB 109, which currently have only one city representative, compared to at least four county- level representatives. Fiscal Impact: Unknown impact on the State General Fund. This resolution seeks to establish increased and constitutionally protected funding for city police departments (and county sheriff’s departments, to the degree they are contracted to provide police services for cities), but does not specify a dollar amount for the revenue stream. At a minimum, it would entail an annual revenue stream of at least the amount provided for cities for front-line law enforcement in the State’s 2013-14 Budget, $27.5 million, indefinitely – although that revenue stream has never been formally identified by the Brown Administration as having any direct connection to realignment. Existing League Policy: Related to this resolution, existing policy provides: x The League supports policies establishing restrictions on the early release of state inmates for the purpose of alleviating overcrowding, and limiting parole hearing opportunities for state inmates serving a life sentence, or paroled inmates with a violation. x The League supports increasing municipal representation on and participation in the Community Corrections Partnerships, which are charged with developing local corrections plans. x In addition, the Strategic Priorities for 2012, as adopted by the League Board of Directors, included the promotion of local control for strong cities. The resolution’s objectives of locking in ongoing funding for front-line municipal law enforcement, and increasing city participation in the Community Corrections Partnerships, are consistent with promoting local control. Support: New this year, any resolutions submitted to the General Assembly must be concurred in by five cities or by city officials from at least five or more cities. Those submitting resolutions were asked to provide written documentation of concurrence. The following cities/city officials have concurred: cities of Arroyo Grande; Covina; Fontana; Glendora; Monrovia; Ontario; Pismo Beach; and Santa Barbara. 129 LETTERS OF CONCURRENCE Resolution #1 Water Bond Funds 130 131 132 133 134 135 136 137 138 139 140 141 LETTERS OF CONCURRENCE Resolution #2 Public Safety Realignment 142 143 144 145 146 147 148 149 150