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HomeMy WebLinkAbout10-04-2017 City Council Agenda PacketSaratoga City Council Agenda – Page 1 of 4 SARATOGA CITY COUNCIL REGULAR MEETING OCTOBER 4, 2017 5:30 P.M. JOINT MEETING Saratoga Senior Center, Saunders Room | 19655 Allendale Avenue, Saratoga, CA 95070 Joint Meeting with Saratoga Schools 7:00 P.M. REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT FROM JOINT MEETING REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on September 29, 2017. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS CEREMONIAL ITEMS Commendation for Jim Stallman Recommended Action: Present the commendation to Jim Stallman. Saratoga City Council Agenda – Page 2 of 4 1. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted on in one motion, unless removed by the Mayor or a Council Member. Any member of the public may speak on an item on the Consent Calendar at this time, or request that the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on September 20, 2017. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycle: 9/19/2017 Period 3. 1.3. Treasurer’s Report for the Month Ended July 31, 2017 Recommended Action: Review and accept the amended Treasurer’s Report for the month ended July 31, 2017. 1.4. Park and Saratoga Library Restroom Maintenance - Sunnyvale Building Maintenance Recommended Action: Approve a one year extension to the contract with Sunnyvale Building Maintenance for restroom maintenance services at City parks and Saratoga Library in the amount of $24,660 and authorize the City Manager to execute the same. 1.5. Ordinance Amending Leaf Blower Regulations (Second Reading) Recommended Action: Waive the second reading and adopt the attached ordinance that would restrict the use of leaf blowers in Saratoga to only those that have been certified to operate at 65 dBA or less at a distance of 50 feet beginning October 1, 2019. 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. 2017 Celebration of Light Event Recommended Action: Review the proposal for a Celebration of Light event to be held in partnership with the Saratoga Ministerial Association and provide direction to staff. 3.2. Annual Code Update for 2017 Recommended Action: Review the proposed cleanup amendments to the City Code and direct staff to prepare an ordinance implementing the amendments for consideration by the City Council. Saratoga City Council Agenda – Page 3 of 4 COUNCIL ASSIGNMENTS Mayor Emily Lo Hakone Foundation Board & Executive Committee KSAR Community Access TV Board Public Art Committee Santa Clara County Library Joint Powers Authority West Valley Mayors and Managers Vice Mayor Mary-Lynne Bernald Association of Bay Area Governments Cities Association of Santa Clara County-Legislative Action Committee Cities Association of Santa Clara County-Selection Committee Hakone Foundation Board Public Art Committee Saratoga Historical Foundation West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Cities Association of Santa Clara County Santa Clara County Housing and Community Development (HCD) Council Committee Saratoga Area Senior Coordinating Council (SASCC) West Valley Sanitation District Council Member Howard Miller America in Bloom Committee Saratoga Ministerial Association Silicon Valley Clean Energy Authority Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee VTA State Route 85 Corridor Policy Advisory Board Council Member Rishi Kumar Saratoga Chamber of Commerce & Destination Saratoga Saratoga Sister City Organization Santa Clara County Expressway Plan 2040 Policy Advisory Board Santa Clara Valley Water District Commission CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Crystal Bothelio, Deputy City Manager for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on September 29, 2017 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Saratoga City Council Agenda – Page 4 of 4 Signed this 29th day of September 2017 at Saratoga, California. Crystal Bothelio, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. These materials are also posted on the City website. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408.868.1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] 10/04 5:30 p.m. Joint Meeting with Saratoga School Districts in Senior Center, Saunders Room | 7:00 p.m. Regular Session 10/18 6:00 p.m. Joint Meeting with Senator Beall Jr | 7:00 p.m. Regular Session 11/01 6:00 p.m. Joint Meeting with West Valley – Mission Community College Board of Trustees | 7:00 p.m. Regular Session 11/15 6:00 p.m. Joint Meeting with Representative Low | 7:00 p.m. Regular Session 12/06 6:00 p.m. Joint Meeting with San Jose Animal Services | 7:00 p.m. Reorganization followed by Regular Session 12/20 6:00 p.m. Study Session – Council Norms | 7:00 p.m. Regular Session Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue and Regular Session begins at 7:00 p.m. in the Civic Theater at 13777 Fruitvale Avenue. CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2017 City of Saratoga CITY COUNCIL JOINT MEETING Meeting Discussion Topics Joint Meeting with Saratoga Schools October 4, 2017 | 5:30 p.m. Saratoga Senior Center | Saunders Room 5:30 p.m. Introductions 5:45 p.m. Communications 6:00 p.m. Volunteer Opportunities 6:10 p.m. School Traffic 6:25 p.m. Updates from Schools 6:45 p.m. Other Remarks & Wrap Up Dinner will be provided at the Joint Meeting. The Regular Session of the City Council begins at 7:00 p.m. in the Civic Theater. Joint Meeting attendees are invited to attend the Regular Session and share an overview of the Joint Meeting. 5 SARATOGA CITY COUNCIL MEETING DATE:October 4, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Commendation for Jim Stallman RECOMMENDED ACTION: Present the commendation to Jim Stallman. BACKGROUND: Jim Stallman is the Chair of the Pedestrian Equestrian Bicycle Trails Advisory Committee (PEBTAC). For the past decade, Jim has been working on eradicating the Goat Head Puncturevine weed around Saratoga schools and on trails for bicycles. His work has been successful. ATTACHMENTS: Attachment A –Commendation for Jim Stallman. 6 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING JIM STALLMAN WHEREAS,Jim Stallman is the Chair of the City of Saratoga’s Pedestrian Equestrian Bicycle Trails Advisory Committee (PEBTAC); and WHEREAS,for the past decade, Jim Stallman has been working on eradicating the noxious weed, Goat Head Puncturevine, along Saratoga roadways and trails; and WHEREAS, Goat Head Puncturevine is an annual non-native weed that produces seeds that are damaging to bicycle tires, a hazard to pets, and will pierce skin effortlessly; and WHEREAS, Jim has done annual surveys around Saratoga schools, trail ways, “dirt areas,” and medians and has lead the way in eradicating this weed; and WHEREAS, Jim’s younger son, David, led an Eagle project in May 2009 to eradicate the Goat Head Puncturevine weed from roadsides and paths within a ½ mile of every school in Saratoga to create a safer environment for students riding bicycles to school; and WHEREAS, eradicating this weed requires physically removing the plants and seeds at the appropriate time of the year and thoroughly sweeping the dirt to ensure all the seeds are collected and disposed of in appropriate manner; and WHEREAS, in 2011, in a report to PEBTAC, Jim stated that all Goat Head Puncturevine weeds have been removed from all Saratoga school sites, trails and roadways adjacent to schools, and Kevin Moran Park; and WHEREAS, it took 7 years of dedicated work to eradicate Goat Head Puncturevine from the Saratoga roads and pathways frequented by bicyclists; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize and thank Jim Stallman for the dedicated service to the Saratoga community and efforts to make Saratoga more accessible to bicyclists. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of October 2017. Emily Lo, Mayor City of Saratoga 7 SARATOGA CITY COUNCIL MEETING DATE:October 4, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, Deputy City Manager SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Regular City Council Meeting on September 20, 2017. BACKGROUND: Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. FOLLOW UP ACTION: Minutes will be retained for legislative history and posted on the City of Saratoga website. ATTACHMENTS: Attachment A –Minutes for the Regular City Council Meeting on September 20, 2017 8 Saratoga City Council Minutes – Page 1 of 7 MINUTES WEDNESDAY, SEPTEMBER 20, 2017 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 p.m., the City Council held a Joint Meeting with Destination Saratoga and the Saratoga Chamber of Commerce in the City Hall Administrative Conference Room at 13777 Fruitvale Avenue. At 6:00 p.m., the City Council held a Joint Meeting with the Saratoga Youth Commission. During the Joint Meeting, the City Council requested that the Finance Committee consider protocols and requirements for Commission fundraising. At 7:00 p.m., Mayor Emily Lo called the Regular Session to order in the Civic Theater at 13777 Fruitvale Avenue and led the Pledge of Allegiance. ROLL CALL PRESENT:Mayor Emily Lo, Vice Mayor Mary-Lynne Bernald, Council Members Manny Cappello, Howard Miller, Rishi Kumar ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Deputy City Manager John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Michael Taylor, Recreation and Facilities Director Lauren Pettipiece, Administrative Analyst Captain Rich Urena, Santa Clara County Sheriff’s Office Kayla Nakamoto, Recreation Coordinator Dylan Davis, Recreation Coordinator REPORT ON POSTING OF THE AGENDA Deputy City Manager Crystal Bothelio reported that the agenda for this meeting was properly posted on September 15, 2017. REPORT FROM JOINT MEETING Saratoga Chamber of Commerce Vice President Chuck Page provided an overview of the City Council’s Meeting with Destination Saratoga and the Saratoga Chamber of Commerce, including information about recent activities and upcoming events. Members of the Saratoga Youth Commission shared a summary of the City Council’s Joint Meeting with the Youth Commission and announced several work plan items scheduled for the 2017/18 school year. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None 9 Saratoga City Council Minutes – Page 2 of 7 ANNOUNCEMENTS Mayor Lo announced a Saratoga Library and League of Women Voters event featuring Congresswoman Zoe Lofgren, Living Room Conversations, the Hakone Koi Pond Sustainability Project Groundbreaking, the Mid-Autumn Festival, India Day Showcase, and Casa Tierra exhibit at Saratoga Museum. CEREMONIAL ITEMS Appointment of Commissioners & Oath of Office Recommended Action: Approve the attached resolution appointing 2 members to the Library Commission and 2 members to the Parks and Recreation Commission; and direct the City Clerk to administer the Oath of Office. RESOLUTION NO 17-052 KUMAR/BERNALD MOVED TO APPROVE THE RESOLUTION APPOINTING 2 MEMBERS TO THE LIBRARY COMMISSION AND 2 MEMBERS TO THE PARKS AND RECREATION COMMISSION; AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. SPECIAL PRESENTATIONS League of Women Voters Presentation on Local Election Finance Study Recommended Action: Receive presentation from League of Women Voters of Southwest Santa Clara County on a study of local election finances. Eleanor Yick, representing League of Women Voters of Southwest Santa Clara County. Provided a presentation on the League of Women Voters’ Local Election Finance Study. Mayor Lo invited public comment on the item. No one requested to speak. 1.CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on September 6, 2017. CAPPELLO/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON SEPTEMBER 6, 2017. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 10 Saratoga City Council Minutes – Page 3 of 7 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 09/05/2017 Period 3; and 09/12/2017 Period 3. CAPPELLO/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 09/05/2017 PERIOD 3; AND 09/12/2017 PERIOD 3. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Extension of PLACE Lease Recommended Action: Authorize the City Manager to extend the lease agreement with Montalvo Arts Center to continue displaying PLACE outside of Saratoga Library for an additional year. CAPPELLO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AN EXTENDED LEASE AGREEMENT WITH MONTALVO ARTS CENTER TO CONTINUE DISPLAYING PLACE OUTSIDE OF SARATOGA LIBRARY THROUGH OCTOBER 2021 FOR AN ANNUAL FEE OF $1,500. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.PUBLIC HEARING 2.1. Ordinance Amending Leaf Blower Regulations Recommended Action: Conduct a public hearing, then introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. City Manager James Lindsay presented the staff report on this item. Mayor Lo invited public comment on the item. No one requested to speak. MILLER/BERNALD MOVED TO WAIVE THE FIRST READING OF THE ORDINANCE AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL WITH A CORRECTION TO THE ORDINANCE NUMBERING AND REMOVAL OF THE YEAR IN LANGUAGE REGARDING THE AMERICAN NATIONAL STANDARDS INSTITUTE IN THE ORDINANCE. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 11 Saratoga City Council Minutes – Page 4 of 7 3.GENERAL BUSINESS 3.1. Outdoor Cultivation of Medical Marijuana for Personal Use Recommended Action: Consider the staff report and public testimony and provide direction to staff. City Attorney Richard Taylor presented the staff report. Mayor Lo invited public comment. The following people requested to speak: Dr. Janet Redman Jonas Pierson Dr. Keith Redman Dr. Andrew Gross No one else requested to speak. Captain Rich Urena addressed questions from the City Council. 3.2. Quarterly Communications Report Recommended Action: Receive progress report on 2017 spring and summer communications activities and provide direction on 2017 fall communications efforts, including Saratoga Source topics, topics and hosts for City videos, online survey methods, and outreach priorities. Lauren Pettipiece, Administrative Analyst, presented the staff report. Mayor Lo invited public comment on this item. No one requested to speak. Council Member Miller proposed that the City’s videos be no longer than 60 to 90 seconds, using a more modern format, and that videos be used to communicate information on topics that will have a longer lifespan. He proposed proceeding only one video on Neighborhood Watch, using the current format, and nominated Mayor Lo to host the video. He also suggested that the City continue conducting surveys for educational purposes, when appropriate. The City Council concurred. Mayor Lo agreed to host the Neighborhood Watch Video. Council Member Cappello commented on the value of creative and inventive strategies to draw public attention to City communications through social media and other platforms. 12 Saratoga City Council Minutes – Page 5 of 7 Mayor Lo praised communication efforts of staff and requested that events and programs from the City’s partner agencies be placed above events that receive Community Event Grant Program funding in the City’s communication priorities. Council Member Miller recommended that City communications and articles be as short as possible. COUNCIL ASSIGNMENTS Mayor Emily Lo Hakone Foundation Board & Executive Committee – the Hakone Centennial Gala was a great success. As mentioned during announcements, the groundbreaking for the Koi Pond improvements project will take place on September 28. KSAR Community Access TV Board – KSAR will be cover the upcoming City events, including the Koi Pond project groundbreaking and Quarry Trail Extension ribbon cutting. The League of California Cities Peninsula Division will be holding its quarterly lunch meeting on Friday and the City Council is invited to attend. The meeting will include discussion of the topic: fines, fees, and equality. Mayor Lo also shared that she attended the League of California Cities Annual Conference, where she was sworn in as League of California Cities Peninsula Division President. Both resolutions put before the League voting delegates were approved. Vice Mayor Mary-Lynne Bernald Hakone Foundation Board – the Centennial Gala was sold out and the event was wonderful. Public Art Committee – the Committee met on September 7 and discussed the development of a rock painting program. Though the program was only discussed in preliminary terms, a member of the public excited about the idea posted on Facebook that the City Council approved the program. Council Member Manny Cappello Saratoga Area Senior Coordinating Council (SASCC)– there was a SASSCC and Age Friendly Meeting and feedback from AARP on age friendly efforts was received. Saratoga and RYDE will be showcased in the California edition of the AARP magazine. West Valley Sanitation District – the District is involved in litigation with the San Jose-Santa Clara Regional Wastewater Facility with the other tributary agencies regarding the Wastewater Facility’s billing practices, accountability, and transparency. Council Member Howard Miller America in Bloom Committee Saratoga Chamber of Commerce – Council Member Miller attended the Chamber of Commerce meeting on behalf of Council Member Kumar. The meeting including preparation for the Joint Meeting with the City Council. Saratoga Ministerial Association Silicon Valley Clean Energy Authority Board of Directors – the Risk Committee meets monthly, but since meetings are confidential there is nothing to report. Silicon Valley Clean Energy is one of the only CCAs to have a Risk Committee that seeks to balance financial risk. All energy for 2017 and 2018 has been procured, so the Authority can guarantee prices will be lower than PG&E. The Authority’s CEO recently resigned and the Authority is now in the recruitment process for a new CEO. The budget was approved for the current fiscal year. Revenue 13 Saratoga City Council Minutes – Page 6 of 7 projections were higher than expected, so the Authority has been discussion development of reserves and rebates. There have also been discussions of a citizen advisory committee. Valley Transportation Authority (VTA) Policy Advisory Committee – BART lines are being tested and rails are active with trains running primarily at night. The project is slightly behind recent estimates, but still in line with the original project schedule. All modes of public transportation have shown a decline, which is unexpected. Additionally, VTA is involved in a lawsuit regarding Measure B. The last Committee meeting was canceled, since many members were at the League of California Cities Annual Conference. Council Member Rishi Kumar Santa Clara County Expressway Plan 2040 Policy Advisory Board – the meeting planned for September has been canceled and will be rescheduled. Council Member Kumar shared that he attended the League of California Cities Conference. CITY COUNCIL ITEMS Council Member Miller requested that the next public art item that comes before the City Council include a policy that establishes the authority of the Public Art Committee to approve placement of public art in the City. Vice Mayor Bernald supported the request. Council Member Miller nominated a capital improvement project to construct a bike path through Quarry Park. Council Member Cappello supported the nomination. Council Member Miller nominated a capital improvement project to conduct a citywide assessment of accessible parking. Council Member Cappello supported the nomination. CITY MANAGER'S REPORT City Manager James Lindsay shared that the recruitment for the Community Development Director will start this week. Mayor Lo announced that the City Council would be reconvening in the City Hall Administrative Conference Room for Closed Session. CLOSED SESSION Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION (Pursuant to Government Code section 54956.9(d)(1)) Saratoga et al. v. California Department of Transportation (Santa Clara County Superior Court Case No. 115CV281214) 14 Saratoga City Council Minutes – Page 7 of 7 ADJOURNMENT Mayor Lo adjourned the regular meeting at 10:35 p.m. Minutes respectfully submitted: Crystal Bothelio, Deputy City Manager City of Saratoga 15 Gina Scott, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycle: 9/19/2017 Period 3 BACKGROUND: The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report. REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 9/19/17 134258 134338 81 840,747.76 09/19/17 09/12/17 134257 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Dept.Amount 09/19/17 134259 Risk Mgmnt 138,542.61 09/19/17 134266 PS 32,429.41 09/19/17 134272 PW 23,475.00 09/19/17 134280 PW 43,256.28 09/19/17 134301 PS 443,278.42 09/19/17 134317 Various 26,295.39 Accounts Payable checks voided during this time period: AP Date Check #Amount ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Status Attorney ServicesGeneral Dino Turchet Construction Fund Purpose Animal ServicesGeneral Insurance Monte Vista Drain PREPARED BY: Ending Check #Type of Checks SARATOGA CITY COUNCIL MEETING DATE:October 4, 2017 DEPARTMENT:Finance & Administrative Services Date Accounts Payable Starting Check # Issued to N/A Reason City of San Jose Gradetech, Inc. ABAG Plan Corporation Law Enforcement CIP Grant Street Repair Highway 9 Phase IV GeneralSCC Office of the Sheriff Shute Mihaly & Weinberger CIP Street Projects Prior Check Register Checks Released Total Checks Amount Liability/Risk Mgmnt 16 17 18 19 20 21 22 23 SARATOGA CITY COUNCIL MEETING DATE: October 4, 2017 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant SUBJECT: Treasurer’s Report for the Month Ended July 31, 2017 RECOMMENDED ACTION: Review and accept the amended Treasurer’s Report for the month ended July 31, 2017. BACKGROUND: California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. This report is prepared to fulfill this requirement. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL STATEMENT: Cash and Investments Balance by Fund As of July 31, 2017, the City had $292,735 in cash deposit at Comerica bank, and $21,179,241 on deposit with LAIF. The City Council’s adopted policy on the Working Capital Reserve Fund states that effective July 1, 2016: for cash flow purposes and to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $1,000,000. The total pooled cash balance as of July 31, 2017 is $21,471,976 and exceeds the minimum limit required. City’s Current Financial Position In accordance with California government code section 53646 (b) (3), the City is financially well positioned and able to meet its expenditure requirements for the next six months. As of July 31, 2017, the City’s financial position (Assets $22.8M, Liabilities $3.1M and Fund Equity $19.7M) remains very strong and there are no issues in meeting financial obligations now or in the foreseeable future. Unrestricted Cash Comerica Bank 292,735$ Deposit with LAIF 21,179,241$ Total Unrestricted Cash 21,471,976$ Cash Summary 24 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Fund Balance Designations In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions; “committed fund balance”, resources whose use is constrained by limitations the government imposes upon itself through formal action at its highest level of decision making and remains binding unless removed in the same manner; “assigned fund balance”, resources that reflects a government’s intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. ATTACHMENTS A – Change in Total Fund Balances by Fund under GASB 54 B – Change in Total Fund Balances by CIP Project C – Change in Cash Balance by Month D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates + Total Unrestricted Cash 21,471,976$ Plus: Assets 1,363,249 Less: Liabilities (3,057,830) Ending Fund Balance 19,777,395$ Adjusting Cash to Ending Fund Balance 25 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 Fund Descri ption Fund Balance 7/1/17 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 7/31/17 General Fund Restricted Fund Balances: Environmental Services Reserve 263,182 - - - - - 263,182 Committed Fund Balances: Hillside Stability Reserve 790,000 - - - 790,000 Assigned Fund Balances: Future Capital Replacement & Efficiency Project Reserve 1,564,588 - - - 1,564,588 Facility Reserve 1,700,000 - - - 1,700,000 Carryforwards Reserve 7,246 - - - 7,246 Unassigned Fund Balances: Working Capital Reserve 1,000,000 - - - 1,000,000 Fiscal Stabilization Reserve 2,500,000 - - - 2,500,000 Development Services Reserve 719,562 - - - 719,562 Compensated Absences Reserve 209,937 - - - 209,937 Other Unassigned Fund Balance Reserve (Pre YE distributio n 2,229,800 - 437,917 1,346,553 1,530,000 (208,836) General Fund Total 10,984,315 - 437,917 1,346,553 - 1,530,000 8,545,678 Special Revenue Landscape/Lighting Districts 1,152,873 945 (1,633) 531 - - 1,151,654 Capital Project Street Projects 2,168,309 - - 269 1,034,000 - 3,202,040 Park and Trail Projects 481,868 - - - 400,000 - 881,868 Facility Projects 252,801 - - - - - 252,801 Administrative Projects 687,313 - 1,941 203 76,000 - 765,052 Tree Fund Projects 67,995 - 125 - 20,000 - 88,120 Park In-Lieu Fees Projects 491,061 - - - - - 491,061 CIP Grant Street Projects 49,255 - - - - - 49,255 CIP Grant Park & Trail Projects 12,809 - - - - - 12,809 Gas Tax Fund Projects 873,894 - - - - - 873,894 CIP Fund Total 5,085,305 - 2,066 472 1,530,000 - 6,616,900 Debt Service Library Bond 959,322 - - 667,043 - - 292,279 Internal Service Fund Liability/Risk Management 504,481 - - 3,008 - - 501,473 Workers Compensation 294,052 - - 1,352 - - 292,700 Office Support Fund 109,806 - 860 3,329 - - 107,338 Information Technology Services 308,072 - - 42,679 - - 265,393 Equipment Maintenance 176,906 - - 8,223 - - 168,683 Building Maintenance 454,606 - - 17,905 - - 436,701 Equipment Replacement 585,986 - - 1,049 - - 584,937 Technology Replacement 315,299 - - - - - 315,299 Building FFE Replacement 498,369 - - - - - 498,369 Total City 21,429,391 945 439,207 2,092,144 1,530,000 1,530,000 19,777,395 26 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Pro jects Fund Balance 7/1/17 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 7/31/17 Street Projects Annual Road Improvements 839,731 - - 269 295,000 - 1,134,462 Roadway Safety & Traffic Calming 65,514 - - - 50,000 - 115,514 Highway 9 Safety Project - Phase IV 74,309 - - - - - 74,309 BBW Turnaround - - - - 50,000 - 50,000 Annual Infrastructure Maintenance& Repair 122,667 - - - 200,000 - 322,667 Village Pedestrian Improvements - Phase II 875 - - - - - 875 EL Camino Grande SD Pump 247,508 - - - 145,000 - 392,508 Storm Drain Capture Device 30,000 - - - - - 30,000 Wildcat Creek Outfall 40,000 - - - - - 40,000 Saratoga Village Crosswalk & Sidewalk Rehabilitation - - - - 44,000 - 44,000 Quito Road Sidewalk Improvements - - - - 50,000 - 50,000 Fourth Street Bridge Widening 100,000 - - - - - 100,000 Quito Road Bridge Replacement 157,830 - - - - - 157,830 Quito Road Bridge - ROW ACQ 42,259 - - - - - 42,259 Damon Lane Retaining Wall 158,955 - - - 200,000 - 358,955 Bainter Ave Retaining Wall 189,917 - - - - - 189,917 Underground Project 98,744 - - - - - 98,744 Total Street Projects 2,168,309 - - 269 1,034,000 - 3,202,040 Parks & Trails Projects Park/Trail Repairs 618 - - - 100,000 - 100,618 Sustainable Landscaping 39,836 - - - - - 39,836 Magical Bridge Playground 32,000 - - - - - 32,000 Hakone Gardens Infrastructure Improvements 114,513 - - - - - 114,513 Hakone Gardens Koi Pond Improvements 139,548 - - - - - 139,548 Saratoga to Sea Trail - Construction 100,000 - - - - - 100,000 Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997 Guava/Fredericksburg Entrance 21,356 - - - - - 21,356 SV TO QP Walkway - - - - 50,000 - 50,000 SRTG TO SEA Trail - - - - 250,000 - 250,000 Total Parks & Trails Projects 481,868 - - - 400,000 - 881,868 Facility Projects Civic Theater Improvements 76,286 - - - - - 76,286 CC/SC Panel Upgrade 120,000 - - - - - 120,000 SPCC Furniture & Fixtures 7,644 - - - - - 7,644 Library Building Exterior Maintenance Projects 15,570 - - - - - 15,570 Library - EV FC Station 33,301 - - - - - 33,301 Total Facility Projects 252,801 - - - - - 252,801 Administrative and Technology Projects COMB Document Imaging Project 25,230 - - - - - 25,230 City Website/Intranet 81,717 - - - - - 81,717 Development Technology 63,171 - 1,941 - - - 65,112 Trak-It Software Upgrade 25,883 - - - - - 25,883 LLD Initiation Match Program 24,000 - - - 26,000 - 50,000 Horseshoe Beautification 25,000 - - - - - 25,000 Citywide Transportation Needs Assessment 10,521 - - - - - 10,521 General Plan Update 222,606 - - - - - 222,606 Village Façade Program 15,751 - - - - - 15,751 Village Specific Plan Update 89,023 - - 203 - - 88,820 Risk Management Project Funding 104,412 - - - 50,000 - 154,412 Total Administrative and Technology Projects 687,314 - 1,941 203 76,000 - 765,052 27 ATTACHMENT B (Cont.) FUND BALANCES BY CIP PROJECT CIP Funds/Pro jects Fund Balance 7/1/17 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 7/31/17 Tree Fund Projects Citywide Tree Planting Program 44,370 - - - 20,000 - 64,370 Tree Dedication Program 22,250 - 125 - - - 22,375 SMSCF Tree Donation Program 1,375 - - - - - 1,375 Total Tree Fund Projects 67,995 - 125 - 20,000 - 88,120 CIP Grant Street Projects Prospect/Saratoga Median Improvement (40) - - - - - (40) Citywide Signal Upgrade II (965) - - - - - (965) Saratoga Ave Sidewalk 50,261 - - - - - 50,261 Total CIP Grant Street Projects 49,255 - - - - - 49,255 CIP Grant Park & Trail Projects AB8939 Beverage Container Grant Funding - - - - - - - Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809 Total CIP Grant Park & Trail Projects 12,809 - - - - - 12,809 Park In-Lieu Fees Projects Magical Bridge Playground 128,000 - - - - - 128,000 Hakone Koi Pond Improvement - - - - 110,000 - 110,000 Quarry Park ADA Access 244,696 - - - - - 244,696 Unallocated Park Fees 118,365 - - - (110,000) - 8,365 Total park In-Lieu Fees Projects 491,061 - - - - - 491,061 Gas Tax Fund Projects Annual Roadway Improvements 488,313 - - - - - 488,313 Prospect/Saratoga Median Improvements 217,748 - - - - - 217,748 Citywide Signal Upgrade II 99,759 - - - - - 99,759 Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000 Big Basin Way Sidewalk Repairs 20,990 - - - - - 20,990 Quito Road Bridges 7,085 - - - - - 7,085 Total Gas Tax Fund Projects 873,894 - - - - - 873,894 Total CIP Funds 5,085,305 - 2,066 472 1,530,000 - 6,616,900 28 ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH 29 ATTACHMENT D March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 2013 0.28 0.24 0.26 0.26 2014 0.24 0.22 0.24 0.25 2015 0.26 0.28 0.32 0.37 2016 0.46 0.55 0.60 0.68 2017 0.78 0.92 Quarterly Apportionment Rates Local Agency Investment Fund 30 SARATOGA CITY COUNCIL MEETING DATE:October 4, 2017 DEPARTMENT:Public Works PREPARED BY:John Cherbone, Public Works Director SUBJECT:Park and Saratoga Library Restroom Maintenance -Sunnyvale Building Maintenance RECOMMENDED ACTION: Approve a one year extension to the contract with Sunnyvale Building Maintenance for restroom maintenance services at City parks and empties the trashcans outside of the Saratoga Library in the amount of $24,660 and authorize the City Manager to execute the same. BACKGROUND: Currently, Sunnyvale Building Maintenance maintains all the restrooms in City parks and empties the trashcans outside the Saratoga Library, and has done so in a professional and economic manner. In 2015, proposals were solicited and Sunnyvale Building Maintenance provided the lowest proposal for restroom maintenance. Because of the quality service being provided by this vendor, their willingness to maintain the 2015 pricing, and the limited term of the earlier agreement, soliciting new proposals this fiscal year would cause unnecessary expense or delay under the circumstances with little likelihood of receiving more competitive proposals. Next fiscal year new proposals will be solicited. It is therefore recommended that City Council approve a one year extension to the contract with Sunnyvale Building Maintenance for restroom maintenance services as described in the Recommended Action and authorize City Manager to execute the same. ATTACHMENTS: Attachment A -Maintenance Service Contract to be extended for one year 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 SARATOGA CITY COUNCIL MEETING DATE:October 4, 2017 DEPARTMENT:City Manager PREPARED BY:James Lindsay, City Manager SUBJECT:Ordinance Amending Leaf Blower Regulations (Second Reading) RECOMMENDED ACTION: Waive the second reading and adopt the attached ordinance that would restrict the use of leaf blowers in Saratoga to only those that have been certified to operate at 65 dBA or less at a distance of 50 feet beginning October 1, 2019. DISCUSSION: At its September 20, 2017 meeting, the City Council conducted a public hearing on the attached ordinance regarding leaf blower regulations.The City Council introduced the ordinance at the meeting and directed that the ordinance be placed on the consent calendar for approval at the next regular meeting. ATTACHMENTS: Attachment A –Ordinance Regarding Leaf Blower Regulations 60 Ordinance Amending Article 7-30 Page 1 ORDINANCE NO. _____ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING ARTICLE 7-30 OF THE CITY CODE CONCERNING NOISE FROM LEAF BLOWERS The City Council of the City of Saratoga finds that: 1. Increased use of leaf blowers has increased noise pollution in the City. There are a number of commercially available leaf blowers with relatively low noise levels. In order to reduce noise pollution in the City this ordinance requires, beginning October 1, 2019, that all leaf blowers used in the City be certified as producing no more than 65 dBA at a distance of 50 feet and be used only during specified days and times. 2. The City Council of the City of Saratoga held a duly noticed public hearing on September 20, 2017, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. The City Council of the City of Saratoga does ordain as follows: Section 1.Adoption. The Saratoga City Code is hereby amended as set forth in Attachment A. Section 2. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. 61 Ordinance Amending Article 7-30 Page 2 Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on September 20, 2017 and was adopted by the following vote on October 4, 2017. COUNCIL MEMBERS: AYES: NOES: ABSENT: ABSTAIN: SIGNED: Emily Lo MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Crystal Bothelio, ACTING CITY CLERK APPROVED AS TO FORM: DATE: Richard Taylor, CITY ATTORNEY 62 201_ [Subject] Ordinance – Attachment A Page 3 Attachment A – Ordinance Amending Article 7-30 of the Saratoga City Code The provisions of the Saratoga Municipal Code set forth below are amended or adopted as follows: Text added is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (example). Text in italics is explanatory. 1.Amendments to Section 7-30.020 (Definitions) Section 7-30.020 is amended to add the following definition following subsection (i): (j)Leaf blower means portable equipment that is used for the purpose of blowing, dispersing, or redistributing dust, dirt, leaves, grass clippings, cuttings and trimmings from trees, shrubs or other debris. Certified leaf blower means a leaf blower with a noise level measured at sixty-five dBA or less at a distance of fifty feet by an independent laboratory per American National Standards Institute (ANSI) standard B175.2, as certified by the manufacturer. Beginning October 1, 2019 a leaf blower is not considered a powered garden tool. Existing subsections (j) through (p) are redesignated as subsections (k) through (q), respectively. 2.Adoption of Section 7-30.051 (Leaf Blowers) Section 7-30.051 is adopted as follows: 7-30.051 – Leaf Blowers Beginning October 1, 2019, the use of any leaf blower other than a certified leaf blower, as defined by this article, is prohibited. 3.Amendments to Section 7-30.060 (Exceptions for specific activities) Section 7-30.060 is amended to add the following subsection following subsection (a): (b)Beginning October 1, 2019 certified leaf blowers may be used or operated Monday through Friday between 8:00 A.M. and 5:00 P.M., on Saturdays between 10:00 A.M. and 5:00 P.M., and may not be used on Sundays. Existing subsection (b) is redesignated as subsection (c) and amended as follows: (bc)Powered garden tools. Powered garden tools shall not exceed seventy-eight dBA at any point twenty-five feet or more from the source of noise. Such tools may be utilized during the following days and times: 63 201_ [Subject] Ordinance – Attachment A Page 4 (1)Gasoline powered leaf blowers may be utilized between 8:00 A.M. and 5:00 P.M. Monday through Friday and Saturdays between 10:00 A.M. and 5:00 P.M. Use of gasoline-powered leaf blowers shall not be allowed on Sundays. This subsection shall be of no further force and effect after September 30, 2019. (2)Gasoline powered chainsaws may be utilized between 8:00 A.M. and 5:00 P.M. Monday through Friday and between 10:00 A.M. and 5:00 P.M. on Saturdays and Sundays. (3)Except as specified above, other Other powered garden tools (except gasoline powered leaf blowers and chainsaws) may be utilized between the hours of 8:00 A.M. and 9:00 P.M. any day of the week. Existing subsections (c) through (g) are redesignated as subsections (d) through (h), respectively. 924850.3 64 SARATOGA CITY COUNCIL MEETING DATE:October 4, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:James Lindsay, City Manager SUBJECT:2017 Celebration of Light Event RECOMMENDED ACTION: Review the proposal for a Celebration of Light event to be held in partnership with the Saratoga Ministerial Association and provide direction to staff. BACKGROUND: The City Council held a joint meeting with the Saratoga Ministerial Association on September 6, 2017. During that meeting the Council directed staff to work with the Ministerial Association to develop a proposed Celebration of Light budget, timeline, display period, and process and criteria for participation. Similar to last year’s Celebration of Light, held in conjunction with the City’s annual tree lighting, the event is intended to bring all segments of the Saratoga community together as light has historically been used to represent and bridge different cultures and faiths. DISCUSSION: The proposed date for the event is Saturday,December 16th at 5:30 PM at Blaney Plaza. The event program would include several speakers, singing,and the display of up to five symbols representing different aspects of the Saratoga community and their respective celebrations of light. The symbols would be erected the day before the event with assistance from City staff and remain on display until Friday December 22nd. Staff and representatives from the Ministerial Association have met and agreed upon the following partnership outline: City of Saratoga’s Role Market the event using the City’s communication channels. Design, purchase, and display median banners to advertise the event. Purchase candles for the event. Candle holders/guards to be assembled by the Ministerial Association. Hire a company to setup and operate sound equipment for the event. Provide staff to assist the participating organizations with erecting the symbols on Friday, December 15th and dismantling on Friday December 22nd. Ministerial Association’s Role Develop and conduct the program for the event. Oversee of symbol of light request submissions. 65 Select up to five local community based charitable organizations to display symbols for celebrating light. No more than five symbols can be displayed due to space limitations within Blaney Plaza. The Ministerial Association will select the five symbols using the following process: Requests from organizations that wish to display a symbol will be accepted Monday, November 6th through Friday, November 17 th or until a total of 5 complete requests from qualifying organizations are received. Each request should include a description of the symbol to be displayed, including approximate dimensions and manner by which it will be anchored to the ground Requests received during the application period will be considered if the organization is: A recognized charitable organization by the Internal Revenue Service. Located within Saratoga or have a majority of members from Saratoga. FISCAL STATEMENT: The event is estimated to cost approximately $4,400 including staff overtime. There is adequate funding the City Council’s discretionary fund to cover this expense. 66 SARATOGA CITY COUNCIL MEETING DATE:October 4, 2017 DEPARTMENT:City Attorney PREPARED BY:Richard Taylor, City Attorney SUBJECT:Annual Code Update for 2017 RECOMMENDED ACTION: Review the proposed cleanup amendments to the City Code and direct staff to prepare an ordinance implementing the amendments for consideration by the City Council. DISCUSSION: Each year the City adopts a number of cleanup amendments to the City Code to clarify ambiguities, comply with state laws, and conform to new best practices that have changed since the Code was adopted. The attached table lists the Code sections that staff recommends be updated. If the Council approves the list staff will prepare the ordinance amendments and will consult with the Planning Commission with respect to the changes affecting the Zoning Code. The Council may direct that items be removed from the list and may propose that additional items be added. ATTACHMENT: Attachment –Proposed Code Amendments for 2017 Annual Code Update 67 Proposed Code Amendments for 2017 Annual Code Update Topic/Code Sections Issue Changes Chapter 2 - Administration Commission Chairs (Sections 2-12.080 and 2- 15.050) The City Code provides that no person may serve more than a single twelve month term as Commission Chair in any 4 year period. This does not address unexpected vacancies in the chair position. Amend the City Code to allow a term of up to 18 months if six of those months are to fill an unexpected vacancy in the chair position. Chapter 4 – Business Regulations Peddlers and Solicitors (Chapter 4; Articles 4-05 and 4-50) The City Code requires peddlers and solicitors to have a permit and applies that requirement to businesses providing peddler or solicitor services. However, the Code’s rules regarding peddling/soliciting at night or on private property and compliance with “no solicitors” signs, distributing on private premises, and distributing samples are not explicitly applicable to businesses providing peddler or solicitor services. Amend the City Code to make all rules regarding solicitors and peddlers applicable to businesses providing peddler or solicitor services. Chapter 6 – Public Safety Marijuana Businesses and Outdoor Cultivation (Article 6-30) Since the Council’s adoption of regulations concerning marijuana businesses and outdoor cultivation the State has adopted new legislation that slightly changes the definition of cannabis and commercial cannabis activity and that anticipates state licensing of cannabis nonprofits. The update will amend the Code so that its definitions tracks that used in state law and includes marijuana activities by nonprofits. Amend the City Code to conform to State law. Chapter 7 – Health and Sanitation Animal Establishments (Sections 7-20.010, 7- 20.210) The City Code currently requires Animal Establishments to obtain a license and meet a number of requirements intended to protect the welfare and safety of both animals Redefine the definition of Animal Establishment to narrow the scope of subject businesses and update 68 kept in these establishments and the public. However, the definition of Animal Establishments is very broad and includes businesses that offer grooming and self-serve grooming stations. standards for Animal Establishments. Horse Licensing (Section 7-20.220) The City Code requires horse owners in the City to obtain a license. This provision of City Code has not been enforced for many years. Amend the City Code to remove the requirement to obtain a license to maintain a horse in Saratoga. Hearings (Section 7- 20.120) The section of this Article pertaining to appeal hearings does not use the same process and timing as appeal hearings for general code enforcement actions. This creates confusion for residents engaging in the appeal process and increases costs of processing appeals. Amend section 7-20.120 to conform to the City’s standard hearing procedures for civil enforcement appeals in section 3-10.050. Chapter 9 – Motor Vehicles & Traffic Parking Regulations (Article 9-15) The City Code currently requires that the City Council find an area to be “congested” as a condition for adopting parking regulations. Because parking regulations are often needed in areas that are not congested this requirement would be replaced with a determination by the Council that the parking regulation is in the interest of public welfare. Amend the City Code to replace the requirement for a congestion determination with one for a determination that the parking regulation will further public welfare. Parking Restrictions for City Events (Section 9- 15.050) The City Code does not include explicit authority for staff to designate and enforce temporary “no parking” spaces for city events. While there is authority for this under State law, it will be easier for staff and the community to understand the City’s authority if this is included in the City Code. Amend the City Code to allow staff to designate temporary no parking areas by posting signs at least 72 [24 or 48?] hours before the no parking restrictions take effect. Chapter 14 - Subdivisions Power to grant exceptions to subdivision design and Existing Code provisions reference an incorrect code section where to locate the minimum design Amend the City Code to include the correct reference.69 improvement requirements (14-35.010). standards for lot area, frontage, width, and depth when requesting an exception to the standards for a subdivision. Chapter 15 – Zoning Code Location of building sites (15-12.061). The sentence which states that a variance can be granted subject to findings for construction on a lot with excessive slope ends with the word ‘and’. Replace the word ‘and’ with a period. Required setbacks for sites in the Hillside Residential (HR) zoning district (15- 13.090). Any site which does not conform to the applicable standard for lot width or depth for the zoning district are considered to be nonconforming. Article 15-65 (Nonconforming Uses and Structures) includes provisions which allow for reduced setbacks based on a sites width or depth instead of a fixed number for a conforming site. The Single- Family Residential District regulations include references to Article 15-65 when determining building setbacks. The Hillside Residential District does not include the reference to Article 15- 65 for nonconforming sites even though it is applicable. Amend the setback requirements for existing nonconforming sites in the HR zoning district to be consistent with the nonconforming site setback requirements contained in the R-1 Single-Family Residential Districts. Requirements for Planning Commission Design Review (15-45.060). Existing Code provisions reference an incorrect code section where to locate the design review findings. Amend the City Code to include the correct reference. Procedure to identify trees proposed for removal (15- 45.075). Existing Code provisions do not include a procedure to identify trees proposed for removal thereby making it difficult to identify specific trees. Modify the story pole requirements to include the marking of trees requested for removal. Markings can include, but not be limited to, fluorescent tape wrapped around the trees trunk or the tree can be marked with paint. Identification of trees proposed for removal (15- 50.090). Trees to be removed in association with a Design Review application are not marked in the field - this can make it difficult for the public or the Planning Commission/City Add a reference to 15-45.075 (story poles) provisions to note that when a development project is subject to Design Review approval, all trees to 70 Council during a site visit to identify a specific tree to be removed. be removed are to be marked in the field to ease their identification. Removal of certain trees without a permit (15-50.050). Certain trees, whether type or size, require a permit for removal. Code provisions which specify the type of trees requiring a permit for removal include incorrect references to existing definitions. Amend the City Code to include correct references. Minimum square footage of new accessory dwelling units (15-56.030). Existing accessory dwelling unit code provisions require a minimum floor area of 400 square feet. The Policy Program of the 2015-2023 Housing Element recommended that the minimum floor area requirement be eliminated and the implementation ordinance for the Housing Element did include this amendment. The January 2017 update to Article 15-56 (Accessory Dwelling Units) mistakenly included a minimum floor area of 400 square feet. Amend Article 15-56 to eliminate the minimum floor area requirement for accessory dwelling units. Accessory dwelling units will still be limited to a maximum of 1,200 square feet of living space. Marijuana Dispensaries (15-80.140) The City Council adopted comprehensive health and safety regulations concerning marijuana businesses and cultivation in Article 6-30 earlier this year. This amendment would conform the zoning ordinance (which currently addresses only medical marijuana dispensaries) to conform with Article 6-30. Amend section 15-80.140 to cross-reference Article 6-30. Chapter 16 – Building Regulations Construction and Demolition Debris (Article 16-72) In 2002 the City began requiring certain construction projects to submit and comply with a plan for reusing and recycling construction and demolition debris. This subject is now covered by the California Green Building Code which takes precedence over the City’s ordinance. Article 16-72 should be Repeal Article 16-72. 71 removed to ensure that contractors and residents are not confused as to which rules apply. 930214.1 72