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Home My WebLink About11-01-2017 City Council Agenda PacketSaratoga City Council Agenda – Page 1 of 5 SARATOGA CITY COUNCIL REGULAR MEETING NOVEMBER 1, 2017 5:00 P.M. WEST VALLEY COLLEGE TOUR Kirkorian Pavilion, West Valley College | 14000 Fruitvale Avenue, Saratoga, CA 95070 Tour of the West Valley College Campus Tour will begin at Kirkorian Pavilion and proceed from there. 6:00 P.M. JOINT MEETING Kirkorian Pavilion, West Valley College | 14000 Fruitvale Avenue, Saratoga, CA 95070 Joint Meeting with West Valley-Mission Community College District 7:00 P.M. REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on October 27, 2017. REPORT FROM JOINT MEETING ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS CEREMONIAL ITEMS Commendation for Saratoga Adult Care Center Recommended Action: Present the commendation to representatives of the Saratoga Adult Care Center. Saratoga City Council Agenda – Page 2 of 5 Certificates for Saratoga Award-Winning Businesses Recommended Action: Present the certificates to the award-winning businesses of Saratoga. 1. CONSENT CALENDER 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 October 18, 2017. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 10/17/2017 Period 4; and 10/24/2017 Period 4. 1.3. Treasurer’s Report for the Month Ended August 31, 2017 Recommended Action: Review and accept the amended Treasurer’s Report for the month ended August 31, 2017. 1.4. Ordinance Amending Off-Site Signs in Residential Districts Recommended Action: Waive the second reading and adopt the attached ordinance regarding off-site signs in residential districts. 1.5. Approval of Contract with Just Leaks, Inc. for Installation of a Polyurethane Foam Cool Roof on the Senior Center Recommended Action: Authorize the City Manager to sign a contract with Just Leaks, Inc. for $41,488 plus $3,512 in contingencies. 1.6. Facilities Use Agreement Renewal with the Friends of the Saratoga Libraries to Operate a Book Store at the Saratoga Historical Park Recommended Action: Adopt a Resolution authorizing the City Manager to enter into a facilities use agreement with the Friends of the Saratoga Libraries for the use of the Book-Go-Round Building. 1.7. Motor Vehicle (MV) Resolution Installing No Stopping 8 a.m. - 4 p.m. Monday thru Friday at Montauk Drive Recommended Action: Adopt Motor Vehicle (MV) Resolution installing No Stopping 8 a.m. - 4 p.m. Monday thru Friday at Montauk Drive. Saratoga City Council Agenda – Page 3 of 5 1.8. Motor Vehicle (MV) Resolution Installing Parking Restriction at Scully Avenue Recommended Action: Adopt Motor Vehicle (MV) Resolution installing parking restriction on Scully Avenue. 1.9. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal of the District for FY 18-19 Recommended Action: 1. Move to adopt the Resolution describing improvements and directing preparation of the Engineer’s Report. 2. Move to adopt the Resolution appointing the Attorney’s for the District. 1.10. Development Impact Fee Report Recommended Action: Review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2017. 2. PUBLIC HEARING Items placed under this section of the Agenda are those defined by law as requiring a special notice and/or a public hearing or those called by the City Council on its own volition. 2.1. Proposed Amendments to the FY 2017/18 Fee Schedule Recommended Action: Open the public hearing, listen to public testimony and close public hearing. Adopt the resolution amending the fee schedule for Fiscal Year 2017/18, effective January 1, 2018. 3. GENERAL BUSINESS None COUNCIL ASSIGNMENTS Mayor Emily Lo Hakone Foundation Board & Executive Committee KSAR Community Access TV Board Public Art Committee Santa Clara County Library Joint Powers Authority West Valley Mayors and Managers Vice Mayor Mary-Lynne Bernald Association of Bay Area Governments Cities Association of Santa Clara County-Legislative Action Committee Cities Association of Santa Clara County-Selection Committee Hakone Foundation Board Public Art Committee Saratoga Historical Foundation South Flow Arrivals Ad Hoc Committee West Valley Solid Waste Management Joint Powers Authority Saratoga City Council Agenda – Page 4 of 5 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 CLOSED SESSION Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 CLOSED SESSION 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) REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on October 27, 2017 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 27th day of October 2017 at Saratoga, California. Crystal Bothelio, City Clerk Saratoga City Council Agenda – Page 5 of 5 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] 11/01 5:00 p.m. West Valley College Tour, Kirkorian Pavilion, West Valley College | 6:00 p.m. Joint Meeting with West Valley – Mission Community College Board of Trustees, Kirkorian Pavilion, West Valley College | 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 West Valley-Mission Community College District November 1, 2017 | 6:00 p.m. West Valley College | Kirkorian Center 6:00 p.m. Welcome & Introductions 6:10 p.m.Partnership Opportunities 6:20 p.m. News & Upcoming Activities 6:30 p.m.Other Remarks & Wrap Up Dinner will be provided at the Joint Meeting. The Regular Session of the CityCouncil begins at 7:00 p.m. in the Civic Theater at 13777 Fruitvale Avenue. Joint Meeting attendees are invited to attend the Regular Session and share an overview of the Joint Meeting. SARATOGA CITY COUNCIL MEETING DATE:November 1, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Commendation for Saratoga Adult Care Center RECOMMENDED ACTION: Present the commendation to representatives of the Saratoga Adult Care Center. BACKGROUND: The Saratoga Adult Care Center opened on November 22, 1987 and is celebrating 30 years of providing less independent adults with opportunities to be physically and mentally active and engage in a supportive and caring community. ATTACHMENTS: Attachment A –Commendation for Saratoga Adult Care Center COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING THE 30TH ANNIVERSARY OF THE SARATOGA ADULT CARE CENTER WHEREAS,the City of Saratoga and the Saratoga Area Senior Coordinating Council (SASCC) planned and shaped the Saratoga Adult Care Center; and WHEREAS, on May 13, 1987, Saratoga Mayor Joyce Hlava and SASCC President Peggy Corr officially began construction of the adult care center with a groundbreaking ceremony; and WHEREAS, Architect Warren Heid designed the building, which includes a commercial kitchen and room for activities, such as games, physical exercise, and lunch; and WHEREAS, the grand opening of the Saratoga Adult Care Center was on November 22, 1987 and included guest speakers Senator Henry Mello and Assemblyman Charles Quackenbush; and WHEREAS, the primary goal of the Adult Care Center is to help less independent seniors and adults remain physically and mentally active, as well as providing these individuals with opportunities to socialize and grow in an environment that is safe, stimulating, and caring; and WHEREAS, the Adult Care Center also provides support and resources for caregivers; and WHEREAS, for 18 years, Renee Hampton has worked at the Saratoga Adult Care Center, has become the Division Manager, and leads the staff of the Center to work hard to make the programs interesting and engaging. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its congratulations to the Saratoga Adult Care Center on 30 years of outstanding service to the Saratoga community. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of November 2017. Emily Lo, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE:November 1, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Certificates for Saratoga Award-Winning Businesses RECOMMENDED ACTION: Present the certificates to the award-winning businesses of Saratoga. BACKGROUND: Many businesses in Saratoga have won awards for excellence. This includes The Plumed Horse, Mio Vicino, Hong’s Gourmet, Big Basin Café, Guglielemo Winery, The Basin, Florentine Trattoria, Big Basin Burger Bar, Art Hub Academy, Help & Care, and Timeline Designs. ATTACHMENTS: Attachment A –Certificates Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your award from Best of Los Gatos & Saratoga Look 2017! Congratulations on your achievement and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 Art Hub Academy Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your award from Best of Los Gatos & Saratoga Look 2017! Congratulations on your achievement and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 Big Basin Burger Bar Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your award from Best of Los Gatos & Saratoga Look 2017! Congratulations on your achievement and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 Big Basin Café Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your award from Best of Los Gatos & Saratoga Look 2017! Congratulations on your achievement and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 Florentine Trattoria Restaurant Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your award from Best of Los Gatos & Saratoga Look 2017! Congratulations on your achievement and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 Guglielemo Winery Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your award for Best of Home Care Provider of Choice 2017 and Employer of Choice 2017! Congratulations on your achievement and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 Help & Care Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your award from Best of Los Gatos & Saratoga Look 2017! Congratulations on your achievement and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 Hong’s Gourmet Restaurant Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your award from Little Italy’s Best Red Sauce! Congratulations on your achievement and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 Mio Vicino Restaurant Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your awards, including America’s 100 Best Wine Restaurant, Michelin Star Award, Grand Award winner Wine Spectator Restaurant Award, and featured on KQED –Check Please! Congratulations on your achievements and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 The Plumed Horse Restaurant Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your award from Best of Los Gatos & Saratoga Look 2017! Congratulations on your achievement and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 The Basin Certificate of Appreciation THIS CERTIFICATE IS AWARDED TO The Council of the City of Saratoga acknowledges your awards for 1st Place: Residential Kitchen 2016, 2nd Place: Residential Kitchen 2016, 2nd Place: Before & After, Residential Kitchen, and 3rd Place: Residential Kitchen 2016 from National Kitchen & Bath Association and 2016 Silver Award: Residential Interior>$100K and >$120K from National Association of the Remodeling Industry Congratulations on your achievements and thank you for contributing to the business vitality in our community! Emily Lo, Mayor November 1, 2017 Timeline Designs SARATOGA CITY COUNCIL MEETING DATE:November 1, 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 October 18, 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 October 18, 2017 Saratoga City Council Minutes – Page 1 of 6 MINUTES WEDNESDAY, OCTOBER 18, 2017 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the City Council held a Joint Meeting with State Senator Jim Beall, Jr. in the City Hall Administrative Conference Room at 13777 Fruitvale Avenue. At 7:05 p.m., Mayor Lo called the meeting to order in the Civic Theater, Council Chambers at 13777 Fruitvale Avenue in Saratoga. Saratoga Boy Scouts 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 Debbie Bretschneider, Deputy City Clerk Sung Kwon, Senior Planner Sandy Baily, Special Projects Manager REPORT ON POSTING OF THE AGENDA Deputy City Manager Crystal Bothelio reported that the agenda for this meeting was properly posted on October 12, 2017. REPORT FROM JOINT MEETING State Senator Jim Beall, Jr. provided an overview of the City Council’s Joint Meeting, which included funding of transportation infrastructure, active transportation, and safe routes to school. Housing legislation and bonds that will go before voters next year were also discussed. Mayor Lo announced Senator Beall’s Town Hall and Pancake Breakfast on October 28. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Laurel Perusa shared information about the Village Scarecrows. Council Member Rishi Kumar provided information about how to get updates on the Bear Fire, crime trends, Neighborhood Watch, and home safety recommendations. Saratoga City Council Minutes – Page 2 of 6 ANNOUNCEMENTS Mayor Lo announced the SASCC Health Fair, the Quarry Park Trail Ribbon Cutting, the City food and toy drive, the Casa Tierra exhibit at the Saratoga History Museum, and the Silicon Valley Turkey Trot. CEREMONIAL ITEMS Commendation for the World Journal Recommended Action: Present the commendation to a representative of the World Journal. Mayor Lo invited public comment on this item. The following person requested to speak: Cynthia Chang No one else requested to speak. Mayor Lo, Senator Beall, and the City Council presented the commendation to the representative of the World Journal. Commendation for Dick Giomi Recommended Action: Present the commendation to Dick Giomi. Mayor Lo, the City Council, and Senator Beall presented the commendation to Dick Giomi. Commendation Recognizing the Saratoga in Bloom Committee & Saratoga Village Gardeners Recommended Action: Present commendation to the Saratoga in Bloom Committee and Saratoga Village Gardeners. Mayor Lo, the City Council, and Senator Beall presented the commendation to the Saratoga in Bloom Committee and Saratoga Village Gardeners. Commendation for the Under-10 Team National Youth Cricket League Champions Recommended Action: Present the commendation to members of the Cricket Zeal Academy Under-10 team, champions of the National Youth Cricket League Under-10 division. Mayor Lo, the City Council, and Senator Beall presented the commendation to members of the Cricket Zeal Academy Under-10 team, champions of the National Youth Cricket League Under-10 division. Saratoga City Council Minutes – Page 3 of 6 1.CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on October 4, 2017. MILLER/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON OCTOBER 4, 2017. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 10/03/2017 Period 4; and 10/10/2017 Period 4. MILLER/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 10/03/2017 PERIOD 4; AND 10/10/2017 PERIOD 4. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 2.PUBLIC HEARING 2.1. Proposed Modifications to the Sign Ordinance (Article 15-30) regarding off-site signs in residential districts. Recommended Action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance (Attachment 1). 3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. Sung Kwon, Senior Planner, presented the staff report. Planning Commission Chair Tina Walia addressed the City Council. Planning Commissioner Len Almalech addressed the City Council. Mayor Lo invited public comment on the item. The following people requested to speak: Andy Tse Len Almalech Chuck Page No one else requested to speak. Saratoga City Council Minutes – Page 4 of 6 BERNALD/MILLER MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE, AMEND THE ORDINANCE TO ELIMINATE THE REQUIREMENT THAT TEMPORARY OFF-SITE SIGNAGE MAY ONLY BE DISPLAYED BETWEEN DAWN AND DUSK, DIRECT STAFF TO PLACE THE AMENDED ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL, AND FURTHER DIRECTED STAFF TO PREPARE PROPOSED CODE AMENDMENTS THAT WOULD FACILITATE PROMPT REMOVAL OF OFF-SITE SIGNS IN VIOLATION OF THE CITY CODE AND CREATE UNIFORMITY IN THE CODE WITH RESPECT TO LIGHTING ON SIGNS. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.GENERAL BUSINESS 3.1. Accepting the Final Text, Marker Design and Location of Two Point of Interest Markers on Saratoga Avenue for the 1) Theater of the Glade Site and 2) Blossom Festival Site Recommended Action: Adopt resolutions (Attachments C and D) accepting the final text, marker design and location of two Point of Interest Markers within the street right of way on Saratoga Avenue and authorizing and directing the Director of Community Development and the Director of Public Works to proceed with contracting for the manufacturing and installation of the markers. Sandy Baily, Special Projects Manager, presented the staff report. Heritage Preservation Chair Annette Stransky and Heritage Preservation Vice Chair Marilyn Marchetti addressed the City Council. Mayor Lo invited public comment on the item. No one requested to speak. RESOLUTIONS NO. 17-053 & 17-054 BERNALD/CAPPELLO MOVED TO ADOPT THE RESOLUTIONS ACCEPTING THE FINAL TEXT, MARKER DESIGN AND LOCATION OF TWO POINT OF INTEREST MARKERS WITHIN THE STREET RIGHT OF WAY ON SARATOGA AVENUE AND AUTHORIZING, DIRECT THE DIRECTOR OF COMMUNITY DEVELOPMENT AND THE DIRECTOR OF PUBLIC WORKS TO PROCEED WITH CONTRACTING FOR THE MANUFACTURING AND INSTALLATION OF THE MARKERS, AND ENCOURAGE THE HERITAGE PRESERVATION COMMISSION TO CONSIDER PLACING THE CITY SEAL AND A POINT OF INTEREST LABEL ON THE BACK OF THE MARKER. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Saratoga City Council Minutes – Page 5 of 6 3.2. New City Website Preview Recommended Action: Receive preview of new City website. Deputy City Manager Crystal Bothelio presented the staff report on this item. Mayor Lo invited public comment on the item. No one requested to speak. MILLER/BERNALD MOVED TO SCHEDULE DISCUSSION ON WEBSITE/ONLINE FEATURES AND REQUESTS FOR FEBRUARY AND PROVIDE STAFF WITH AN ADDITIONAL WEEK OR TWO TO PREPARE THE CITY WEBSITE FOR LAUNCH. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.3. Adoption of City Council Assignments – South Flow Arrivals Ad Hoc Committee Recommended Action: Approve the resolution amending the City Council assignments. Deputy City Manager Crystal Bothelio presented the staff report. Mayor Lo invited public comment. No one requested to speak. RESOLUTION NO. 17-055 MILLER/CAPPELLO MOVED TO DESIGNATE VICE MAYOR BERNALD AS THE CITY’S MEMBER AND COUNCIL MEMBER MILLER AS THE ALTERNATE TO THE SOUTH FLOW ARRIVALS AD HOC. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Mayor Emily Lo No report Vice Mayor Mary-Lynne Bernald Hakone Foundation Board – several members of the Board visited Don Head’s estate. Council Member Manny Cappello Cities Association of Santa Clara County – Santa Clara County Supervisor and staff from the Public Health Department spoke about the Healthy Cities report, a Leadership Academy team presented on the “Talent Challenge,” the RHNA Task Force provided an update on their efforts, and Assembly Member Marc Berman provided an update State legislation. Saratoga City Council Minutes – Page 6 of 6 Council Member Howard Miller Silicon Valley Clean Energy Authority Board of Directors – the recruitment for the Chief Executive Officer is underway and interviews are scheduled for the week of October 23. Valley Transportation Authority (VTA) Policy Advisory Committee – Council Member Miller will be meeting with VTA staff to discuss operation of Policy Advisory Committee meetings. VTA State Route 85 Corridor Policy Advisory Board – Council Member Miller will be meeting with VTA staff regarding analysis conducted for the Policy Advisory Board. Council Member Rishi Kumar Saratoga Chamber of Commerce & Destination Saratoga – Council Member Kumar was unable to attend the last meeting, so he provided the president with an update by phone. CITY COUNCIL ITEMS None CITY MANAGER'S REPORT City Manager James Lindsay announced he will be attending the ICMA Conference, returning on October 26. Public Works John Cherbone will be Acting City Manager. ADJOURNMENT MILLER/CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:55 P.M. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Crystal Bothelio, Deputy City Manager City of Saratoga Gina Scott, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 10/17/2017 Period 4 10/24/2017 Period 4 BACKGROUND: The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report. REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 10/17/17 134445 134502 58 635,439.76 10/18/17 10/10/17 134444 10/24/17 134503 134593 91 351,320.01 10/25/17 10/17/17 134502 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Dept.Amount 10/17/17 134476 General PS 443,278.42 10/17/17 134485 General Various Attorney Services 29,124.65 10/17/17 134499 PW 38,575.20 10/24/17 134534 PW 187,599.35 10/24/17 134576 PW 22,775.00 Accounts Payable checks voided during this time period: AP Date Check #Amount ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format General Prior Check Register Checks Released Total Checks Amount Shute Mihaly & Weinberger Granite Rock Company SCC Office of the Sheriff CMP Agency Fees CIP Street Projects Damon Lane Wall GeneralSC Valley Transportation Accounts Payable Accounts Payable Starting Check # Issued to N/A Reason SARATOGA CITY COUNCIL MEETING DATE:November 1, 2017 DEPARTMENT:Finance & Administrative Services West Valley Sanitation Fund Purpose Law Enforcement NPS Service PREPARED BY: Ending Check #Type of Checks Date Status SARATOGA CITY COUNCIL MEETING DATE: November 1, 2017 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant SUBJECT: Treasurer’s Report for the Month Ended August 31, 2017 RECOMMENDED ACTION: Review and accept the amended Treasurer’s Report for the month ended August 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 August 31, 2017, the City had $345,269 in cash deposit at Comerica bank, and $20,039,241 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 August 31, 2017 is $20,384,510 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 August 31, 2017, the City’s financial position (Assets $21.5M, Liabilities $3.1M and Fund Equity $18.4M) remains very strong and there are no issues in meeting financial obligations now or in the foreseeable future. Unrestricted Cash Comerica Bank 345,269$ Deposit with LAIF 20,039,241$ Total Unrestricted Cash 20,384,510$ Cash Summary The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Fund Balance Designations In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions; “committed fund balance”, resources whose use is constrained by limitations the government imposes upon itself through formal action at its highest level of decision making and remains binding unless removed in the same manner; “assigned fund balance”, resources that reflects a government’s intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. ATTACHMENTS A – Change in Total Fund Balances by Fund under GASB 54 B – Change in Total Fund Balances by CIP Project C – Change in Cash Balance by Month D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates + Total Unrestricted Cash 20,384,510$ Plus: Assets 1,161,841 Less: Liabilities (3,107,766) Ending Fund Balance 18,438,585$ Adjusting Cash to Ending Fund Balance ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 Fund Descri ption Fund Balance 7/1/17 Increase/ (Decrease) Jul-Aug Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 8/31/17 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 (908,636) 766,492 1,906,374 1,530,000 (1,348,719) General Fund Total 10,984,315 (908,636) 766,492 1,906,374 - 1,530,000 7,405,796 Special Revenue Landscape/Lighting Districts 1,152,873 (1,219) 535 12,925 - - 1,139,265 Capital Project Street Projects 2,168,309 (269) 29,275 124,266 1,634,000 600,000 3,107,049 Park and Trail Projects 481,868 - - 4,973 400,000 - 876,895 Facility Projects 252,801 - 5,490 1,562 - - 256,729 Administrative Projects 687,313 1,738 2,268 46,498 76,000 - 720,821 Tree Fund Projects 67,995 125 300 - 20,000 - 88,420 Park In-Lieu Fees Projects 491,061 - - - - - 491,061 CIP Grant Street Projects 49,255 - - 3,051 - - 46,204 CIP Grant Park & Trail Projects 12,809 - - - - - 12,809 Gas Tax Fund Projects 873,894 - 115,135 2,768 482,000 482,000 986,261 CIP Fund Total 5,085,305 1,594 152,468 183,118 2,612,000 1,082,000 6,586,250 Debt Service Library Bond 959,322 (667,043) 1,691 750 - - 293,220 Internal Service Fund Liability/Risk Management 504,481 (3,008) - 8,544 - - 492,929 Workers Compensation 294,052 (1,352) 2,409 4,045 - - 291,064 Office Support Fund 109,806 (2,468) 911 6,276 - - 101,972 Information Technology Services 308,072 (42,679) 1,039 43,803 - - 222,629 Equipment Maintenance 176,906 (8,223) - 17,261 - - 151,422 Building Maintenance 454,606 (17,905) 1,628 81,838 - - 356,491 Equipment Replacement 585,986 (1,049) - 1,049 - - 583,888 Technology Replacement 315,299 - - - - - 315,299 Building FFE Replacement 498,369 - - - - - 498,369 Total City 21,429,391 (1,651,989) 927,170 2,265,983 2,612,000 2,612,000 18,438,585 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Pro jects Fund Balance 7/1/17 Increase/ (Decrease) Jul-Aug Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 8/31/17 Street Projects Annual Road Improvements 839,731 (269) 29,275 31,409 295,000 600,000 532,329 Roadway Safety & Traffic Calming 65,514 - - - 50,000 - 115,514 Highway 9 Safety Project - Phase IV 74,309 - - - - - 74,309 Prospect/Saratoga Median Improvement - - - - 600,000 - 600,000 BBW Turnaround - - - - 50,000 - 50,000 Annual Infrastructure Maintenance& Repair 122,667 - - 5,960 200,000 - 316,707 Village Pedestrian Improvements - Phase II 875 - - - - - 875 EL Camino Grande SD Pump 247,508 - - 6,701 145,000 - 385,807 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 - - 395 - - 41,864 Damon Lane Retaining Wall 158,955 - - 1,039 200,000 - 357,916 Bainter Ave Retaining Wall 189,917 - - 78,762 - - 111,155 Underground Project 98,744 - - - - - 98,744 Total Street Projects 2,168,309 (269) 29,275 124,266 1,634,000 600,000 3,107,049 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 - - 4,973 - - 134,575 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 - - 4,973 400,000 - 876,895 Facility Projects Civic Theater Improvements 76,286 - 5,490 - - - 81,776 CC/SC Panel Upgrade 120,000 - - - - - 120,000 SPCC Furniture & Fixtures 7,644 - - 1,562 - - 6,082 Library Building Exterior Maintenance Projects 15,570 - - - - - 15,570 Library - EV FC Station 33,301 - - - - - 33,301 Total Facility Projects 252,801 - 5,490 1,562 - - 256,729 Administrative and Technology Projects COMB Document Imaging Project 25,230 - - - - - 25,230 City Website/Intranet 81,717 - - 27,934 - - 53,783 Development Technology 63,171 1,941 2,268 17,482 - - 49,897 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) - 1,082 - - 87,738 Risk Management Project Funding 104,412 - - - 50,000 - 154,412 CIP ADMIN - UNALLOCATED - - - - - - - Total Administrative and Technology Projects 687,314 1,738 2,268 46,498 76,000 - 720,821 ATTACHMENT B (Cont.) FUND BALANCES BY CIP PROJECT CIP Funds/Pro jects Fund Balance 7/1/17 Increase/ (Decrease) Jul-Aug Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 8/31/17 Tree Fund Projects Citywide Tree Planting Program 44,370 - 300 - 20,000 - 64,670 Tree Dedication Program 22,250 125 - - - - 22,375 SMSCF Tree Donation Program 1,375 - - - - - 1,375 Total Tree Fund Projects 67,995 125 300 - 20,000 - 88,420 CIP Grant Street Projects Prospect/Saratoga Median Improvement (40) - - - - - (40) Citywide Signal Upgrade II (965) - - - - - (965) Saratoga Ave Sidewalk 50,261 - - - - - 50,261 Quito Road Bridge - ROW - - - 3,051 - - (3,051) Total CIP Grant Street Projects 49,255 - - 3,051 - - 46,204 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 - 115,135 (2,500) - 482,000 123,948 Prospect/Saratoga Median Improvements 217,748 - - 5,268 482,000 - 694,480 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 - 115,135 2,768 482,000 482,000 986,261 Total CIP Funds 5,085,305 1,594 152,468 183,118 2,612,000 1,082,000 6,586,250 ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH 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 SARATOGA CITY COUNCIL MEETING DATE:November 1, 2017 DEPARTMENT:Community Development PREPARED BY:Sung H. Kwon, Senior Planner SUBJECT:Ordinance amending off-site signs in residential districts. RECOMMENDED ACTION: Waive the second reading and adopt the attached ordinance regarding off-site signs in residential districts. DISCUSSION: At its October 18, 2017 meeting, the City Council conducted a public hearing on the attached ordinance regarding off-site signs in residential districts. 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. As part of their decision, the City Council accepted the text changes proposed by the Planning Commission and removed the “dawn to dusk” limitation on off-site signs. The City Council also directed staff to add lighting restrictions to other temporary signs and to draft changes that facilitate prompt removal of temporary off-site signs. Staff will prepare a separate ordinance for Planning Commission and City Council review. ATTACHMENTS: Attachment 1 –Sign Ordinance Changes 1 ORDINANCE __________ REVISION TO THE SARATOGA CITY CODE TEMPORARY OFF-SITE SIGNS IN RESIDENTIAL DISTRICTS Findings 1.The City of Saratoga wishes to update and amend the City Ordinance regarding temporary off-site signs in residential districts. 2.The updates in this ordinance affect provisions of the City’s Zoning Ordinance. 3.The City Council of the City of Saratoga held a duly noticed public hearing on October 18, 2017 and after considering all testimony and written materials provided in connection with that hearing, introduced this Ordinance. The City Council of the City of Saratoga eliminated the “Dawn to Dusk” limitation. 4.The City Council of the City of Saratoga held a duly noticed public hearing on November 1, 2017. The City Council of the City of Saratoga waived the second reading and adopted this Ordinance. 5.The Ordinance change is exempt from CEQA. Therefore, the City Council hereby ordains as follows: Section 1.Adoption. The Saratoga City Code is updated and amended as set forth below. Text to be added is indicated in bold double underlined font (e.g.,underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this Ordinance. Article 15-30 – SIGNS 15-30.135 –Temporary off-site signs in residential districts In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in residential districts without a permit: Any number of tTemporary commercial off-site signs (including, but not limited to, real estate open house signs) are only allowed in a residential zoning district, provided that: (1) No individual sign shall exceed two square feet in area and three feet in height.No sign shall be located in the public right-of-way including but not limited to any median, street, travel lane, sidewalk, or landscaping/parkway strip located between a sidewalk and street. (2) No more than two identicalone temporary off-site signs is allowed per residential lotintersection shall be displayed. (3) The sign shall be located in the front yard. (3) The signs shall only be displayed between dawn and dusk. (4) No sign shall include balloons, ribbons, streamers, or other attention-getting devices.The property owner has given permission for the sign placement. (5) No off-site signs shall be located on property without the permission of the property owner.The sign shall not exceed two square feet in area and three feet in height. 2 (6) No sign shall be located on any median, street, travel lane, or on any sidewalk where it impedes pedestrian travel.No sign shall include balloons, ribbons, streamers, lighting, or other attention-getting devices. END OF AMENDMENTS Section 2. California Environmental Quality Act The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15061(b)(3) – The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. The proposed amendments are also Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15311 – New Accessory Structures. Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen (15) days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 18th day of October, 2017, and was adopted by the following vote following a second reading on the 1st of November, 2017. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED:ATTEST: ______________________________________________________________ Emily Lo Crystal Bothelio MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY SARATOGA CITY COUNCIL MEETING DATE:November 1, 2017 DEPARTMENT:Recreation and Facilities PREPARED BY:Michael A. Taylor, Director SUBJECT:Approval of Contract With Just Leaks, Inc.for Installation of a Polyurethane Foam Cool Roof on the Senior Center. RECOMMENDED ACTION: Authorize the City Manager to sign a contract with Just Leaks, Inc.for $41,488 plus $3,512 in contingencies. BACKGROUND: In March of 2015, Just Leaks, Inc. was awarded a contract to remove the asphalt and gravel on the roof of the Community Center and check and repair the plywood deck as needed, and then cover the entire Community Center side of the building with a polyurethane foam system with an AcryShield coating on top. The same roofing system is scheduled to be installed on the Senior Center side of the building this spring.The application will reduce ongoing operational maintenance costs and reduce utility costs by increase energy efficiencies. ATTACHMENTS: Attachment A -2017 Google map image of Community Center Attachment B -Copy of contract with Just Leaks, Inc. Google Mapshttps://www.google.com/maps/@37.2671244,-122.0156368,64m/data=!3m1!1e31 of 110/23/2017, 9:56 AM SARATOGA CITY COUNCIL MEETING DATE:November 1, 2017 DEPARTMENT:Recreation & Facilities Department PREPARED BY:Michael Taylor, Director SUBJECT:Facilities Use Agreement Renewal with the Friends of the Saratoga Libraries to Operate a Book Store at the Saratoga Historical Park RECOMMENDED ACTION: Adopt a Resolution authorizing the City Manager to enter into a facilities use agreement with the Friends of the Saratoga Libraries for the use of the Book-Go-Round Building. BACKGROUND: The Friends of the Saratoga Libraries (FSL) is a non-profit 501(c)(3).The Friends is 100% volunteer run, there are no paid employees. Founded in 1972 by Saratoga community members, the FSL ongoing focus is to maintain a broad based community organization of persons interested in high quality library services, focusing public attention on library needs and services, encouraging and assisting in providing adequate physical facilities for the Saratoga Library. The FSL is an active community library support group of approximately 750 community resident households and library patrons who show their support for the Saratoga Library by becoming members. The Book-Go-Round is the nonprofit used bookstore operated year round by volunteers of the FSL. Located in the former library building in Saratoga Village, proceeds benefit the Saratoga Library. There are two additional satellite locations located in the Saratoga Library and Saratoga Community Center. Membership dues and donations, donations of books, volunteering and purchasing books from the Book-Go-Round and satellite locations assist the library in maintaining and improving its current high level of library services. The purpose of the FSL is: Provide funding grants for materials, furniture and personnel support. Assist in maintaining high levels of library services. Inform the community of resources and services of the library. Provide a vehicle to encourage gifts and endowments to the library. Provide a voice for library supporters. The Friends of the Saratoga Library is currently conducting operations under an agreement dated November 7, 2007 (Attachment B). After working with Lisa Finley and Alice Patrick, President of FSL, staff met with the entire FSL Board on October 25, 2017 to approve the renewal agreement. The new agreement (Attachment A) is in a standard format and is consistent with agreements the City has with other organizations. The agreement also complies with the Association of Bay Area Governments (ABAG) best practices language and has been reviewed by City staff and the City Attorney. The agreement calls for continued use by the FSL to operate a bookstore. The FSL will continue to pay for all utilities, telephones, gas, electricity, water, sewer, etc. The Agreement shall begin November 1, 2017 and be in effect through October 31, 2027. Two five-year renewal options are available with mutual agreement by both parties and authorization by the City Manager. Either party has the right to terminate the lease with a one hundred and eighty (180) day written notice. ATTACHMENTS: A. Proposed 2017-2022 agreement B. Current 2007-2017 agreement C. Resolution ATTACHMENT B Page 1 of 14 LEASE BETWEEN THE CITY OF SARATOGA AND FRIENDS OF THE SARATOGA LIBRARIES 1. Parties. This lease (“Lease”), is made by and between the CITY OF SARATOGA, a Municipal Corporation, located in the County of Santa Clara, State of California (“Landlord”), and FRIENDS OF THE SARATOGA LIBRARIES, a not for profit IRS 501(c)(3) corporation organized under the laws of the State of California (“Tenant”). 2. Premises. Landlord hereby leases to Tenant and Tenant leases from Landlord for the term, at the rental, and upon all of the conditions set forth herein, the building known as the Saratoga Village Library, located in the City of Saratoga, at 14410 Oak Street, consisting of approximately 1,622 square feet (the “Premises”). Tenant is presently the owner of all furniture, fixtures, equipment, and all other tangible personal property on the Premises and Landlord makes no claim to them. 3. Term. 3.1. Commencement. The term of the Lease shall be for ten (10) years, unless sooner terminated pursuant to any provision of the Lease or unless extended pursuant to Paragraph 3.2 of the Lease. The term of the Lease shall commence on October 1, 2007, (the “Commencement Date”). Tenant is currently in possession of the Premises pursuant to a lease dated February 6, 1998, (the “1998 Lease”). Tenant shall continue in possession of the Premises under the terms of the 1998 Lease until the Commencement Date. Landlord and Tenant intend and agree that upon the Commencement Date, the Lease shall replace the 1998 Lease and the 1998 Lease shall terminate. 3.2. Option to Extend. Tenant shall have two (2) options to extend the term of the Lease. Each option shall be for a period of ten (10) years (the “Option Term”). The first Option Term shall commence immediately following the expiration of the initial term of the Lease and the second Option Term shall commence immediately following the expiration of the first Option Term, and upon satisfaction of and subject to all of the following conditions: (A) The Lease term shall extend automatically for each Option Term unless either party notifies the other in writing at least one hundred eighty (180) days prior to the expiration of the term of the Lease or the expiration of the first Option Term that the Lease term will not be extended; and (B) At any time the Lease term is extended, Tenant shall occupy all of the Premises and Tenant shall not be in default in the performance of any of the terms, covenants or conditions contained in the Lease. 3.3. Holding Over. Any holding over after the term of this Lease has expired shall be deemed to be a tenancy for month-to-month and except for the term thereof shall be on the same terms and conditions specified herein, so far as they are applicable. ATTACHMENT B Page 2 of 14 4. Rent. 4.1. Consideration. Tenant shall pay to Landlord the sum of One Dollar ($1.00) per year for the term of the Lease. 4.2. Time and Manner of Payment. 4.2.1. Prepaid Rent. Tenant shall pay Landlord Ten Dollars ($10.00) within thirty (30) days of the Commencement Date, with the payee and delivery address specified in section 4.2.3. 4.2.2. Manner of Accounting for Prepaid Rent. All sums paid by Tenant under Paragraph 4.2.1 shall be Prepaid Rent. Upon receipt of the Prepaid Rent, Landlord shall credit the entire amount to Tenant’s account, and shall deduct the annual rent from that amount at the applicable rate, in satisfaction of Tenant’s obligations under paragraph 4.1. 4.2.3. Payments. All payments shall be made payable to the City of Saratoga and delivered to the offices of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California 95070. 4.3. Option Rent. The rent payable by Tenant during an Option Term shall be set in accordance to Paragraph 4.1 herein. 4.4. Reserve Account for Maintenance. Tenant shall establish a reserve account in the amount of Ten Thousand Dollars ($10,000.00). If pursuant to Paragraph 8.2.(E), as hereinafter set forth, Landlord replaces the Heating, Ventilation, and Air-Conditioning (HVAC) system for the Premises or makes other substantial tenant improvements at a cost of Ten Thousand Dollars ($10,000) or more during the term of the Lease, including the Option Term, Tenant shall contribute an amount equal to Twenty percent (20%) of the cost of replacement of the HVAC system, or Ten Thousand Dollars ($10,000.00), whichever is less. 5. Security Deposit. 5.1. Existing Security Deposit. Tenant has placed on deposit with Landlord the sum of Three Hundred Dollars ($300.00), as a cash security deposit, plus a note in the sum of Seven Hundred Dollars ($700.00), as additional security deposit, for a security deposit in the total sum of One Thousand Dollars ($1,000.00) under the terms of the 1998 Lease (the “Security Deposit”). Landlord shall continue to hold the Security Deposit as a security deposit for the Lease. No additional security deposit shall be required 5.2. Application. Landlord shall hold the Security Deposit as security for the performance of Tenant’s obligations under the Lease. If Tenant defaults on any provision of the Lease, Landlord may apply all or part of the Security Deposit to: (A) Any rent or other sum in default; or (B) Any expense, loss, or damage that Landlord may suffer because of Tenant’s default. ATTACHMENT B Page 3 of 14 Upon notification by Landlord of such application, Tenant shall remit to Landlord an amount in cash equal to the amount expended in order to restore the said security deposit to the original sum of One Thousand Dollars ($1,000). In the event the Tenant shall fully comply with the terms of this Lease, the security deposit by Tenant shall be returned to Tenant within fifteen (15) days after the termination of its tenancy and after delivery of the Premises to Landlord with the required notice. The amount refunded shall not include interest. 6. Use. 6.1. Permitted Use. Tenant shall use and occupy the Premises during the term and any Option Term for the operation of a used bookstore; benefit receptions; art exhibits; promotional events such as, but not limited to, reduced price sales, auction sales, poetry readings, children’s story hours, book review sessions, autograph sessions, Great Book Seminars, meetings, and other similar and related uses and for no other purpose. Tenant shall not use or permit the Premises or any part of the Premises to be used for any purpose or purposes other than the purpose or purposes for which the Premises are leased. 6.2. Insurance Limitations. No use shall be made or permitted to be made of the Premises or acts done which will increase the existing rate of insurance on the Premises or any of its contents, or cause the cancellation of any insurance policy covering the Premises. If any act on the part of Tenant or use of the Premises by Tenant shall cause, directly or indirectly, an increase of Landlord’s insurance, such additional expense shall be paid by Tenant to Landlord upon demand. Tenant shall not sell or permit to be stored, kept, used or sold in or about the Premises any article, which may be prohibited by the standard form of fire insurance policies. Tenant shall not permit any person to smoke in or about the premises. 6.3. Prohibition of Waste and Nuisance. Tenant shall not commit or suffer to be committed any waste upon the Premises or any public or private nuisance. Tenant shall not use the Premises in whole or in part for any purpose or use that is deemed to be in violation of any of the laws, ordinances, regulations or rules of any public authority or organization at any time. 6.4. Rules and Regulations. Landlord shall have the right from time to time to prescribe reasonable rules and regulations, which in its judgment may be appropriate for the use of the Premises. Upon written notification to Tenant of such rules, Tenant agrees to comply with such rules and regulations and any failure to comply shall constitute a default under the Lease. 6.5. Signs. Tenant shall not place or permit to be placed in, upon, about or outside the Premises or any part of the building in which the Premises are located any permanent sign without the prior written consent of Landlord. All exterior signs must be approved in advance by Landlord and must meet applicable City zoning regulations. 7. Utilities and Taxes. Landlord, at its expense, has provided and will continue to provide adequate sewer, water, electrical and gas lines, pipes, and conduits, to and from the Premises for telephone, gas, electrical, water, sewer, heat, and air conditioning service. Tenant shall, during the term of the Lease and during any Option Term, pay all charges for telephones, gas, electricity, water, sewer, heat, and air conditioning. Tenant shall pay any and all taxes and all ATTACHMENT B Page 4 of 14 special assessments for public improvements as may be levied against the premises or any part thereof, as well as any applicable possessory interest tax. 8. Repairs and Maintenance. 8.1. Tenant’s Repair and Maintenance Obligations. Tenant shall, at Tenant’s sole expense and in accordance with the terms of the Lease, repair and maintain in good order and condition: (A) The nonstructural interior furnishings of the Premises, including all Tenant improvements, alterations, fixtures and furnishings; (B) Incandescent and florescent bulbs and tubes in lighting fixtures; (C) Window panes, including replacement of window panes, and interior and exterior window washing; and (D) Interior painting and carpeting, including carpet cleaning. 8.2. Landlord’s Repair and Maintenance Obligations. Landlord shall, provided the Tenant give prompt written notice to Landlord as the need arises, repair, including replacement when necessary, and maintain in good order and condition (reasonable wear and tear excepted): (A) The yard, trees, shrubbery, and landscaping surrounding the Premises; (B) The walkways, sidewalks, driveways, and parking areas; (C) The structural portions of the Premises; (D) Exterior portions of the Premises, including walls, roof, gutters, drains and down spout systems; and (E) Interior and exterior components of electrical, plumbing, and heating and air- conditioning systems, including electrical wiring, the fire alarm system and associated telecommunication lines, and plumbing fixtures. 8.3. Right to Cure. 8.3.1. Ordinary Repair and Maintenance. If Landlord shall be obligated to repair or maintain any part of the Premises under the provisions of Paragraph 8.2 and does not make a good faith attempt to commence such repair or maintenance within thirty (30) days after receipt of written notice from Tenant, Tenant may, at Tenant’s option, perform the repair or maintenance and deduct any sum paid by Tenant from rent due to Landlord. Any such sums paid by Tenant shall be deemed prepaid rent under the provisions of Paragraph 4, above, until all such sums are fully repaid and reimbursed to Tenant. 8.3.2. Health and Safety Exception. Notwithstanding the provisions of ATTACHMENT B Page 5 of 14 paragraph 8.3.1., if a condition exists that affects the habitability of any part of the Premises or the health and safety of Tenant, its agents, or invitees, Tenant shall give written notice of such condition to Landlord and if Landlord does not make a good faith attempt to commence such repair or maintenance within three (3) days after receipt of written notice from Tenant, Tenant may, at Tenant’s option, perform the repair or maintenance and deduct any sum paid by Tenant from rent due to Landlord. Any such sums paid by Tenant shall be deemed prepaid rent under the provisions of Paragraph 4, above, until all such sums are fully repaid and reimbursed to Tenant. 9. Alterations and Additions. 9.1. Landlord’s Consent. Tenant may not make any improvements, alterations, additions, or changes to the Premises (“Alterations”) without first obtaining Landlord’s prior written consent. Any alterations made by Tenant shall be at Tenant’s sole cost. 9.2. Consent Procedure. Tenant shall request such consent by written notice to Landlord, which must be accompanied by the plans and specifications for the proposed work. Landlord shall either give or withhold its consent within ninety (90) days following receipt by Landlord of Tenant’s request for consent. If Landlord fails to give or withhold its consent in writing within said ninety (90) day period, Landlord shall be deemed to have given its consent to the proposed Alteration. Landlord hereby waives any processing and inspection fees associated with any applications to the City of Saratoga provided, however, that said waiver shall not apply to the costs incurred by Landlord in connection with any contract services required by the City of Saratoga in order to process said applications. Prior to the commencement of any work, Tenant shall post and record a Notice of Non-Responsibility on behalf of the Landlord. 9.3. Ownership of Alterations at End of Tenancy. Any Alterations made under this Paragraph 9 shall be the property of Landlord and remain on and be surrendered with the Premises upon expiration or termination of the Lease. 10. Insurance and Indemnification. Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant’s operation and use of the leased premises. The cost of such insurance shall be borne by the Tenant. 10.1. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance (for Tenants with employees). 3. Property insurance against all risks of loss to any tenant improvements or betterments. 10.2. Minimum Limits of Insurance. Tenant shall maintain limits no less than: ATTACHMENT B Page 6 of 14 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Employer’s Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost of the non-structural interior of the Premises, including all Tenant improvements, alterations, fixtures and furnishings. 10.3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Landlord. At the option of the Landlord, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Landlord, its officers, officials, employees and volunteers; or the Tenant shall provide a financial guarantee satisfactory to the Landlord guaranteeing payment of losses and related investigations, claim administration and defense expenses. 10.4. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The Landlord, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the Tenant. 2. The Tenant’s insurance coverage shall be primary insurance as respects the Landlord, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Landlord, its officers, officials, employees or volunteers shall be excess of the Tenant’s insurance and shall not contribute with it. Each insurance policy required above shall contain, or be endorsed to contain, a waiver of all rights of subrogation against the Landlord. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ (10 days for non-payment) prior written notice has been given to the Landlord. 10.5. Auto Liability Insurance. Landlord specifies that coverage will be at least as broad as form number CA 0001 (Edition 1/78) and be code 1 “any auto” and endorsement CA 0025, with limits of One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage. Tenant’s coverage is form numbers CA 0001 (Edited 6/92) and CA 0002 (Edited 1/87) with limits of One Million Dollars ($1,000,000.00) and is code 9 for any auto not owned, leased, hired, etc. 10.6. Fire Insurance. Landlord specifies fire and extended coverage of al least Five Thousand Dollars ($5,000.00) on Tenant’s personal property. Tenant’s coverage is Fifteen Thousand Dollars ($15,000.00), replacement costs, with Two Hundred Fifty Dollars ($250.00) deductible. ATTACHMENT B Page 7 of 14 10.7. Workers’ Compensation and Employers Liability Insurance. Tenant agrees to provide Workers’ Compensation and Employer’s Liability Insurance to employees and volunteers in compliance with applicable law 10.8. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, or otherwise acceptable to the Landlord. 5. 10.9. Waiver of Subrogation. Landlord and Tenant each hereby release and relieve the other and waive their entire rights of recovery against the other for loss or damage arising out of or incident to the perils insured against under this Paragraph 10, which perils occur in, on or about the Premises, whether due to the negligence of Landlord or Tenant or their agents, employees, contractors and/or invitees. Landlord and Tenant shall, upon obtaining the policies of insurance required hereunder, give notice to the insurers that this mutual waiver of subrogation is contained in the Lease and shall thereafter obtain evidence of the waiver by their respective insurance carriers of any right of subrogation against the other.. 10.10. Verification of Coverage. Tenant shall furnish the Landlord with original certificates and endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Landlord before the property is leased, but failure to obtain prior to leasing shall not waive any obligation of the Tenant to meet these requirements. The Landlord reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications at any time. 10.11. Indemnification. Tenant agrees to indemnify and hold harmless Landlord and its officers, officials, boards, commissions or committees from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses, resulting from any negligent acts or omissions by the Tenant, its agents, contractors, employees, volunteers, customers or invitees in connection with Tenant’s occupancy of the Premises, the conduct of Tenant’s business, and the performance of its obligations under the Lease, including its repair and maintenance obligations. Landlord agrees to indemnify and hold harmless Tenant and its officers, directors, agents, employees, members, and volunteers free from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses, resulting from any negligent acts or omissions by Landlord in connection with Landlord’s performance of its obligations under the Lease, including its repair and maintenance obligations. 10.12. Notice of Claims. Each party to the Lease shall promptly notify the other of any claim or of any occurrence which the party reasonably believes may give rise to a claim against either party arising out of the ownership, occupation, use, maintenance, or repairs of the Premises. 11. Damage or Destruction. 11.1. Damage Covered by Insured Loss. If at any time during the term of the Lease there is damage which is an Insured Loss, Landlord shall, from the proceeds of the insurance described in Paragraph 10, repair such damage and, if such insurance especially provides therefor, Tenant’s fixtures, equipment or Alterations, as soon as reasonably possible and the ATTACHMENT B Page 8 of 14 Lease shall continue in full force and effect. 11.2. Damage Not Covered By Insurance. If at any time during the term of the Lease there is damage which is not an Insured Loss, Tenant shall be responsible for damage to the non-structural interior of the building, and Landlord shall be responsible for damage to the structural interior and the exterior of the building, including walls, roof, gutters, drains, yard, walkways, sidewalks, driveways, and parking areas. Tenant’s maximum liability under this provision shall be limited to the replacement cost of the non-structural interior with like kind and quality, excepting for destruction caused by flood, earthquake, seismic activity, and other natural disasters. 11,3. Destruction of Premises. In the event of destruction either party may terminate this Agreement. 11.4. Rent Abatement Due to Damage. If the nature or severity of any damage to the Premises is such that Tenant’s use of the Premises is impaired (“the Damage”), Landlord and Tenant agree that Tenant’s rent shall be fully abated during the period beginning on the later of (a) the date of the Damage or (b) the date on which Tenant ceases to occupy the Premises and ending on the date of substantial completion of Landlord’s restoration of the Premises, as provided in this Article 11. 11.5. Tenant’s Remedies. If Landlord shall be obligated to repair or restore any part of the Premises under the provisions of sub-paragraph11.1 and does not make a good faith attempt to commence such repair or restoration within sixty (60) days after receipt of the insurance proceeds, Tenant may, at Tenant’s option, terminate the Lease by giving Landlord written notice of Tenant’s election to do so at any time prior to the commencement of such repair or restoration. If Tenant so elects, the Lease shall terminate as of the date of such notice. 11.6. Termination — Advance Payments. Upon termination of the Lease pursuant to this Paragraph 11, Landlord shall return to Tenant any advance Rent or other advance payment made by Tenant to Landlord, including Tenant’s Security Deposit. 12. Defaults and Remedies. 12.1. Tenant’s Default. The occurrence of any of the following shall constitute a default by Tenant and breach of the Lease: (A) Tenant’s failure to pay when due any rent required to be paid under the Lease if the failure continues for thirty (30) days after written notice of the failure from Landlord to Tenant; (B) Abandonment by Tenant of the Premises, provided that Tenant shall not be required to conduct its business at the Premises while Tenant is prevented from doing so by reason of any partial or complete damage, destruction or condemnation or by any other reason beyond Tenant’s control; or (C) Tenant’s failure to perform any other obligation under the Lease if the failure continues for thirty (30) days after written notice of the failure from Landlord to Tenant. If the ATTACHMENT B Page 9 of 14 required cure of the noticed default cannot be completed within thirty (30) days, Tenant’s failure to perform shall constitute a default under the Lease unless Tenant undertakes to cure the failure within thirty (30) days and diligently and continuously attempts to complete the cure as soon as reasonably possible. 12.2. Landlord’s Remedies on Tenant’s Default. On the occurrence of Tenant’s default under the Lease, Landlord may terminate the Lease and recover possession of the Premises. Once Landlord has terminated the Lease, Tenant shall, within ninety (90) days, surrender the Premises to Landlord. 12.3. Landlord’s Default. Except as provided in Paragraph 8.3.2., Landlord shall be in default and breach of the Lease if it fails to perform any of its obligations under the Lease if the failure continues for thirty (30) days after written notice of the failure from Tenant to Landlord. If the required cure of the noticed default cannot be completed within thirty (30) days, Landlord’s failure to perform shall constitute a default under the Lease unless Landlord undertakes to cure the failure within thirty (30) days and diligently and continuously attempts to complete the cure as soon as reasonably possible. 12.4. Tenant’s Remedies on Landlord’s Default. On the occurrence of a default by Landlord, Tenant may terminate the Lease and surrender possession of the Premises to Landlord. Once Tenant has terminated the Lease, Tenant’s obligations under the Lease shall cease, including the payment of rent and Landlord shall repay to Tenant all prepaid rent that has not been credited to Tenant’s account as of the date Tenant surrenders the Premises to Landlord. 13. Termination. 13.1. Landlord’s Right to Terminate. Notwithstanding the provisions of paragraph 12, above, Landlord may after notice and public hearing, and upon a determination of necessity due to unforeseen circumstances, terminate the Lease and take possession of the Premises upon a decision of the Saratoga City Council and twelve (12) months written notice to Tenant. In the event of such election and notice by Landlord, the Lease will terminate on the last day of the twelve (12) months written notice. 13.2. Tenant’s Right to Terminate. Landlord and Tenant agree and acknowledge that Tenant’s used bookstore on the Premises is operated and staffed entirely by Tenant’s volunteers. If during the term of the Lease or any Option Term Tenant is no longer able, at Tenant’s sole discretion, to operate the bookstore, Tenant may, upon six (6) months written notice to Landlord, elect to terminate the Lease. In the event of such election and notice by Tenant, the Lease will terminate on the last day of the six (6) month written notice. 14. Access. Tenant shall have full and unimpaired access to the Premises at all times. Landlord shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same and for repair and maintenance obligations. 15. Assignment and Subletting. Tenant shall not voluntarily or by operation of law assign, transfer, mortgage or otherwise transfer or encumber or sublet all or any part of Tenant’s interest in the Lease or in the Premises without Landlord’s prior written consent. ATTACHMENT B Page 10 of 14 17.3. Mediation. If within thirty (30) days after receipt of a Dispute Notice, the Parties have not been able to come to a mutually satisfactory resolution, then either party may refer the matter to mediation for informal advice and/or resolution. The Parties shall agree upon a mediator to assist them in resolving their differences. If the Parties are unable to agree upon a mediator, the Parties shall jointly obtain a list of seven (7) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall have the option of 16. Notices. Any notice required or permitted to be given under the Lease must be in writing and may be given by personal delivery, certified mail, or U. S. Postal Service Express Mail, Federal Express or other express delivery service. Notices shall be deemed communicated immediately if personally delivered. Notices shall be deemed communicated within forty-eight (48) hours from the time of mailing if mailed by certified mail, and within twenty-four (24) hours if mailed by express delivery service. If a notice is received on a Saturday, Sunday, legal holiday, or any other day on which the City is closed for normal business, it shall be deemed received on the next business day. Any notice shall be deemed sufficiently given if addressed to Landlord or Tenant at the address specified below: Landlord: City of Saratoga City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 Attention: City Clerk Tenant: Friends of the Saratoga Libraries P.O. Box 2642 Saratoga, CA 95070 Attention: Retail Operations Manager Either party may specify a different address for notice purposes, or specify that a copy of any notice given to such party be concurrently given to another person by giving written notice to the other party. 17. Dispute Resolution. 17.1. Cooperation. Landlord and Tenant (“the Parties”) recognize the benefits to both the Parties of the use of the Premises to support the Saratoga Library. The Parties therefore agree to cooperate in order to resolve disputes. 17.2. Meet and Confer. The Parties acknowledge that issues may arise that require resolution between the Parties. The Parties agree to meet and confer in good faith to resolve such issues. Tenant appoints the President of the Friends of the Saratoga Libraries, or his or her designee, and Landlord appoints the City Manager, or his or her designee, as its representative for dispute resolution. The party desiring to meet and confer shall notify the other party in writing (“Dispute Notice”) of the subject matter of the dispute (“Contract Issue”) and the Parties shall meet and confer at a mutually agreed upon date, time and location not less that three (3) nor more than ten (10) days following the receipt of notice by the other party. ATTACHMENT B Page 11 of 14 selecting the mediator from those mediators remaining on the list. Any expenses incidental to mediation shall be borne equally by the parties. If either party is dissatisfied with the outcome of the mediation, that party may then submit the Contract Issue for resolution to binding arbitration in accordance with subparagraph 19.4. 17.4. Arbitration of Disputes. Any Contract Issue that cannot be settled by mediation may, upon the demand by either party, be submitted to binding arbitration by an Arbitrator. The Arbitrator shall be JAMS, or if JAMS is not then in operation or is not then available, the American Arbitration Association, and the arbitration shall be in accordance with the Arbitrator’s then applicable rules, as amended by the following: 17.4.1. Any demand for arbitration shall be given in writing to the other party to the Lease and to the Arbitrator. The demand shall specifically describe the Contract Issue, including the amounts in controversy and/or other relief sought. A demand for arbitration shall be made within a reasonable time after the right to demand arbitration under the Lease has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Contract Issue would be barred by the applicable statute of limitations. A party who files a notice of demand for arbitration shall assert in the demand all disputes arising under the Lease then known to that party. 17.4.2. The Contract Issue shall be heard by one arbitrator mutually selected by the parties, or if the parties cannot agree on a single arbitrator within ten days following the demand for arbitration, the Contract Issue shall be heard by an arbitrator selected in accordance with the procedure for selection of a mediator in subparagraph 19.3, provided, however, that the selected arbitrator will be a former trial judge of the federal or state courts in California. 17.4.3. The arbitrator shall take reasonable steps as may be necessary to hold a private hearing within sixty (60) days after the initial demand for arbitration and to conclude the hearing within two (2) days thereafter. Not later than seven (7) days prior to the hearing date set by the arbitrator each party shall submit a brief with a single proposal for settlement. Evidence concerning the financial position of the parties, any offer made or the details of any negotiations prior to arbitration and the cost to the parties of their representatives, selected arbitrators and counsel shall not be permissible. The place of the arbitration hearing shall be Saratoga, California. 17.4.4. The arbitrator may award only such relief or remedy as would be available pursuant to judicial proceedings in a court of competent jurisdiction, including injunctive and affirmative relief; except that the arbitrator may not award punitive damages. The decision of the arbitrator shall be in writing. 17.4.5. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN ATTACHMENT B Page 12 of 14 THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL BINDING ARBITRATION IN ACCORDANCE WITH THIS LEASE AGREEMENT. Landlord’s Initials ________________ Tenant’s Initials__________________ 18. General Provisions. 18.1. Whenever consent or approval of either party is required, unless otherwise stated above, such consent or approval shall not be unreasonably withheld. 18.2. All exhibits and addenda referred to are attached to the Lease and incorporated by reference. 18.3. The Lease shall be binding on and inure to the benefit of the parties and their successors, except as provided in paragraph 16, above. 18.4. The Lease shall be construed and interpreted in accordance with the laws of the State of California. 18.5. The definitions contained in the Lease shall be used to construe and interpret the Lease. 18.6. The captions and the table of contents of the Lease shall have no effect on its interpretation. 18.7. When required by the context of the Lease, the singular shall include the plural. 18.8. “Party” shall mean Landlord or Tenant, and if more than one person or entity is Landlord or Tenant, the obligations imposed on that party shall be joint and several. 18.9. The unenforceability, invalidity, or illegality of any provision of the Lease shall not render the other provisions unenforceable, invalid, or illegal. 18.10. Neither Landlord nor Tenant shall discriminate because of race, religion, color, sex, ancestry, disability, or national origin against any person in the management, operation or use of the Premises. 18.11. The Lease shall constitute the entire agreement between the parties, and shall supersede in all respects the Lease Agreement dated February 6, 1998, by and between Landlord and Tenant for the Premises, and any other agreements, either oral or written, between the parties hereto with respect to the lease of the Premises. ATTACHMENT B Page 13 of 14 18.12. Landlord and Tenant shall take reasonable measures to cooperate to apply for grant funds that may become available form time to time from state, federal, international, private, and public sources. 18.13. The specified remedies to which Landlord and Tenant may resort under the terms of this Lease are cumulative and not intended to be exclusive of any other remedies afforded by law. No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of Landlord, and any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver or any preceding or succeeding breach of the same or other covenant, term or condition. Acceptance of all or any portion of rent at any time shall not be deemed to be a waiver of any covenant, term or condition except as to the rent payment accepted. 18.20. Each party shall bear its own legal costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. City of Saratoga Friends of the Saratoga Libraries By: _________________________ Dave Anderson, City Manager Date: ________________________ By: _________________________ Sue Barrera, FOSL President Date: ________________________ Attest: __________________________ Cathleen Boyer, City Clerk Date: ________________________ By: _________________________ , FOSL Date: ________________________ Approved as to Form: __________________________ Richard Taylor, City Attorney Date: ________________________ By: _________________________ , FOSL Date: ________________________ ATTACHMENT B Page 14 of 14 Approved as to Budget Authority & Insurance: __________________________ Mary Furey, Administrative Services Director Date: ________________________ RESOLUTION 17-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING A USE AGREEMENT FOR THE FRIENDS OF THE SARATOGA LIBRARIES WHEREAS, the City of Saratoga is the owner of the various facilities in the City and desires to contract with the Friends of the Saratoga Libraries (FSL) to allow use of those facilities for the benefit of the Saratoga area; and WHEREAS, the City of Saratoga desires to assist FSL in maintaining the facilities and City–owned equipment and in providing insurance coverage for the Facilities; and WHEREAS, the City of Saratoga desires to foster the provision of services tailored to meet the needs of the Citizens, for example, to optimize services to customers, outreach to diverse populations and education benefits for students; and WHEREAS, the City of Saratoga desires to optimize the beneficial use of its facilities by linking this agreement to specific annual measurable performance objectives; and WHEREAS, FSL desires to operate the facilities for the benefit of the Citizens in the Saratoga area. NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the City Manager is directed to sign the attached Facility Use Agreement with the Friends of the Saratoga Libraries. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1 st day of November 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Emily Lo, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk Page 1 of 1 SARATOGA CITY COUNCIL MEETING DATE:November 1, 2017 DEPARTMENT:Public Works Department PREPARED BY:Mainini Cabute, Management Analyst II SUBJECT:Motor Vehicle (MV) Resolution Installing No Stopping 8 a.m. - 4 p.m. Monday thru Friday at Montauk Drive RECOMMENDED ACTION: Adopt Motor Vehicle (MV) Resolution installing No Stopping 8 a.m. - 4 p.m. Monday thru Friday at Montauk Drive. BACKGROUND: The City’s Traffic Safety Commission is working collaboratively with the Redwood Middle School and the Sheriff’s Department to improve traffic circulation and safety at Redwood Middle School. Recently, Sheriff traffic deputies observed parents dropping off their children at the corner of Fruitvale Avenue and Montauk Drive before the morning bell and creating congestion and unsafe traffic movements. The Sheriff’s Department is recommending that the City replace the “No Parking” signs on Montauk Drive with “No Stopping 8 a.m. - 4 p.m.Monday thru Friday.” The new sign will restrict vehicles from stopping at the northeast side of the intersection of Fruitvale Avenue and continuing for 85 feet westward. The City’s traffic engineer, City staff, the Traffic Safety Commission Sub-committee on school traffic circulation and the Redwood Middle School Administration agreed with the Sheriff Office’s recommendation FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to paint the curb red. ATTACHMENTS: Attachment A:MV Resolution- No Stopping Anytime Restriction at Montauk Drive Attachment B: Location map of Montauk Drive and Fruitvale Avenue RESOLUTION NO. MV- ______ RESOLUTION AUTHORIZING A NO STOPPING 8 A.M. - 4 P.M. MONDAY THRU FRIDAY at MONTAUK DRIVE AT FRUITVALE AVENUE The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and traffic study: NAME OF STREETS LOCATION RESTRICTION Montauk Drive Montauk Drive at Fruitvale Avenue No stopping 8 a.m. - 4 p.m. Monday thru Friday beginning at the northeast corner of Montauk at the intersection of Fruitvale Ave for 85 feet westward. The restriction shall be indicated by signage. II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 1 st day of November, 2017, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Emily Lo, Mayor ATTEST: ____________________________ Crystal Bothelio, City Clerk 897921.1 Montauk Drive No Stopping Restriction Parking Restriction Page 1 of 1 SARATOGA CITY COUNCIL MEETING DATE:November 1, 2017 DEPARTMENT:Public Works Department PREPARED BY:Mainini Cabute, Management Analyst II SUBJECT:Motor Vehicle (MV) Resolution Installing Parking Restriction at Scully Avenue RECOMMENDED ACTION: Adopt Motor Vehicle (MV) Resolution installing parking restriction on Scully Avenue. BACKGROUND: On September 14, 2017, the City’s Traffic Safety Commission (TSC) recommended that the City restrict parking with red paint and “No Parking” signs on Scully Avenue at the intersection with Northampton Drive starting at the centerline. The restriction shall extend 25 feet southward and 25 feet northward of the centerline. Residents from that neighborhood have expressed concerns over the sight distance issue when children are crossing the street at that location and cars are parked on that side of Scully Ave. The traffic engineer recommended red paint and signs to restrict parking at the intersection and the TSC approved that recommendation. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to paint the curb red. ATTACHMENTS: Attachment A:MV Resolution- Parking Restriction at Scully Avenue Attachment B: Location map of Scully Ave and Northampton Drive RESOLUTION NO. MV- ______ RESOLUTION AUTHORIZING A NO PARKING ZONE AT SCULLY AVE AT NORTHAMPTON DRIVE The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and traffic study: NAME OF STREETS LOCATION RESTRICTION Scully Ave Scully Ave at Northampton Drive No parking on Scully Avenue at the intersection with Northampton Drive. The restriction shall extend 25 feet northward and 25 feet southward of the centerline. The restriction shall be indicated by painting the curb red the length of the restricted area and “No Parking” signs. II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 1 st day of November, 2017, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Emily Lo, Mayor ATTEST: ____________________________ Crystal Bothelio, City Clerk 897921.1 Scully Avenue Parking Restriction Parking Restriction SARATOGA CITY COUNCIL MEETING DATE:November 1 , 2017 DEPARTMENT:Public Works PREPARED BY:John Cherbone, Public Works Director SUBJECT:Landscaping &Lighting Assessment District LLA-1; Resolutions initiating renewal of the District for FY 18-19. RECOMMENDED ACTION: 1.Move to adopt the Resolution describing improvements and directing preparation of the Engineer’s Report. 2.Move to adopt the Resolution appointing the Attorney’s for the District. REPORT SUMMARY: Attached are two Resolutions the City Council must adopt to initiate the annual process of renewing the Landscaping & Lighting Assessment District LLA-1 for the upcoming fiscal year beginning on July 1 and/or annex new Zones. A brief summary of each Resolution is as follows: 1.Resolution describing improvements and directing preparation of the Engineer’s Report -This is the Resolution required under Streets & Highways Code Section 22622 to initiate the annual renewal process for the existing assessment district and the annexation of new Zones for the ensuing fiscal year. The Resolution references the proposed improvements to be provided by the district (Exhibit A), and directs the preparation of the Engineer’s Report required under S&H Code Section 22565. 2.Resolution appointing Attorneys -This Resolution appoints the City Attorney’s office as the attorneys for the District throughout the renewal process, and limits their fees in connection with this work to $500. The provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted by the State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective on July 1, 1997, will be implemented during the renewal process if necessary. Procedurally this means that assessment ballots will be mailed to those property owners within the District whose initial proposed assessments are either 1) higher than in any previous year and who have not previously voted on their assessments, 2) higher than what was authorized via balloting conducted in a previous year, or 3) annexation of new Zones. As in previous years, ballots will be separately tabulated at the close of the Protest Hearing for each Zone that may be voting. Only those ballots returned by the close of the Protest Hearing will count towards determining whether a majority protest exists. ATTACHMENTS: Attachment A: Resolution describing improvements and directing preparation of the Engineer’s Report. Attachment B: Resolution appointing Attorneys. RESOLUTION NO. A RESOLUTION APPOINTING ATTORNEYS FOR FISCAL YEAR 2018-2019 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, the City Council has determined to undertake proceedings for the levy and collection of assessments upon the parcels of land in the City of Saratoga Landscaping and Lighting Assessment District LLA-1 pursuant to the Landscaping and Lighting Act of 1972 for the construction or installation of improvements, including the maintenance or servicing, or both, thereof for the fiscal year 2018-2019; and WHEREAS, the public interest and general welfare will be served by appointing and employing attorneys for the preparation and conduct of said proceedings; NOW, THEREFORE, IT IS ORDERED, as follows: 1.That the law firm of Shute, Mihaly & Weinberger be, and it is hereby appointed and employed to do and perform all legal services required in the conduct of said proceedings, and that its compensation be, and it hereby is fixed at not to exceed $500.00. * * * * * * * The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 1 st day of November, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Emily Lo, Mayor ATTEST: _________________________________ Crystal Bothelio, City Clerk 1 RESOLUTION NO. A RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2018-2019 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 WHEREAS, The City Council did, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, conduct proceedings for the formation of the City of Saratoga Landscaping and Lighting Assessment District LLA-1 and for the levy and collection of assessments for fiscal year 1980 - 1981, and did, on June 18, 1980, pursuant to proceedings duly had, adopt its Resolution No. 950-D, a Resolution Overruling Protests and Ordering the Formation of an Assessment District and the Improvements and Confirming the Diagram and Assessments; and WHEREAS, The public interest, convenience and necessity require, and it is the intention of said Council to undertake proceedings for the levy and collection of assessments upon the several lots or parcels of land in said District and/or several lots of parcels of land which are proposed to be annexed into said District for the construction or installation of improvements, including the maintenance or servicing, or both, thereof, for the fiscal year 2018- 2019; and WHEREAS, The improvements to be constructed or installed, including the maintenance or servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and by reference incorporated herein; and WHEREAS, The costs and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon said District and/or upon the lots within the territory proposed to be annexed into said District, the exterior boundaries of which District are the composite and consolidated area as more particularly shown on a map thereof on file in the office of the Clerk of the City of Saratoga to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in said District and/or to be annexed into said District and shall govern for all details as to the extent of the assessment district, and the proposed annexation; and WHEREAS, The Engineer of said City be, and is hereby, directed to prepare and file with said Clerk a report, in writing, referring to the assessment district and/or proposed annexation by its distinctive designation, specifying the fiscal year to which the report applies, and, with respect to that year, presenting the following: 2 a)plans and specification of the existing improvements and for proposed new improvements, if any, to be made within the assessment district or within the territory to be annexed into said District; b)an estimate of the costs of said proposed new improvements, if any, to be made, the costs of maintenance or servicing, or both, thereof, and of any existing improvements, together with the incidental expenses in connection therewith; c)a diagram showing the exterior boundaries of the assessment district and of any zones within said district and the lines and dimensions of each lot or parcel of land within the district as such lot or parcel of land is shown on the County Assessor's map for the fiscal year to which the report applies, each of which lots or parcels of land shall be identified by a distinctive number or letter on said diagram; and d)a proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, including the maintenance or servicing, or both, thereof, and of any existing improvements upon the several lots or parcels of land in said district in proportion to the estimated particular and distinct benefits to be received by each of such lots or parcels of land, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto. WHEREAS, The Office of the Public Works Director of said City be, and is hereby, designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070 or by calling (408) 868-1241. * * * * * * * * BE IT RESOLVED,The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of November, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Emily Lo, Mayor ATTEST: _________________________________ Crystal Bothelio, City Clerk 3 Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements including storm water improvements connected to National Pollutant Discharge Elimination System (NPDES) permit requirements. SARATOGA CITY COUNCIL MEETING DATE:November 1, 2017 DEPARTMENT:Finance & Administrative Services PREPARED BY:Anthony McFarlane, Finance Manager SUBJECT:Development Impact Fee Report RECOMMENDED ACTION: Review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2017. BACKGROUND: As required under AB1600 accounting guidelines, this report provides: 1.A brief description of the type of fee; 2.The amount of the fee; 3.Beginning and ending balances of the fees; 4.Total fees collected and the interest earned, if applicable; 5.Identification of the public improvement the fees were used for; 6.Identification and timeline of public improvements any unexpended fees will be used for; 7.Description and uses for transfers or loans of fees, if applicable. The AB1600 Development Impact Fee that the City collects is the Park-in lieu fee. Under Saratoga’s Municipal Code 14-28.080, as a condition of approval, a sub-divider/owner shall either dedicate a portion of land or pay a fee in lieu thereof, or a combination of both at the option of the City, for the purpose of providing park or recreational facilities for each new parcel. Five acres of parkland per 1,000 residents is the standard promulgated by the National Recreation and Parks Association and is a common metric utilized by other communities in California to measure adequacy of parkland. Saratoga’s 2007 Update to the Open Space and Conservation Element of the City’s General Plan recognized that additional parkland must be protected and adopted this goal to provide at least five acres of parkland per 1,000 residents to maintain the City’s existing character as a small town community surrounded by rural and open space. In support of this goal, the City established a Park-In-Lieu fee of $20,700 per new parcel to provide funding for increased usage and additional park requirements brought on by the new development within the City. The Park-In-Lieu Development Fee of $20,700 per subdivided parcel is calculated based upon the following formula: (2.76 people per household) X (5 acres per 1,000 residents) X ($1.5 million per acre)= $20,700 # of residents On Oct. 11, 2017, the Planning Commission approved a two-lot subdivision for 13001 Saratoga- Sunnyvale Road. With the creation of one new lot, the applicant will pay a Park Development fee of $20,700 prior to Final Map approval. Given that lot subdivisions are infrequent in nature and difficult to project, the revenue is not included in the budget. The table below summarizes the activity for the Park-In-Lieu Development Fees collected over the last five fiscal years, and utilized as of June 30, 2017. Remaining Park-In-Lieu Fees are re-budgeted into the assigned capital project for use in the next fiscal year, as shown in the far-right gray-shaded column: The FY 2016/17 ending balance of $491,062 was committed to three capital improvement projects for FY 2017/18. As of June 30, 2017, remaining funds include $128,000 for the Magical Bridge Playground, $244,696 for ADA access projects located at Quarry Park, and $110,000 for the Hakone Gardens Koi Pond Improvements project. The remaining unallocated balance of $8,366 plus future Park-In-Lieu impact fees will be applied to park improvement projects as directed by Council through the Capital Improvement Project budget process. Budgeted Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Beginning balance 309,676$ 393,660$ 682,530$ 526,754$ 495,466$ 491,062$ Sources: Park-In-Lieu Fees 103,500 393,531 61,200 372,600 900 - Funds from closed projects 231 (231) 1,265 19,000 - - Uses: Ravenswood Playground Equip 2,086 - - - - - Park Restroom Improvements 17,660 39,929 - - - - Wildwood Park Bridge Rehab - 64,501 60,499 - - - Quarry Park Plan Implementation - - 126,743 153,888 - - Hakone Gardens Master Plan - - - 250,000 - - Saratoga Village Creek Construction - - 31,000 19,000 - - Magical Bridge Playground - - - - - 128,000 Quarry Park ADA Access - - - - 5,304 244,696 Hakone Gardens Koi Pond Improvements - - - - - 110,000 - Remaining Available Funds:393,660$ 682,530$ 526,754 495,466 491,062 8,366 Park In Lieu Development Fees SARATOGA CITY COUNCIL MEETING DATE:November 1, 2017 DEPARTMENT:Finance & Administrative Services PREPARED BY:Anthony McFarlane, Finance Manager SUBJECT:Proposed Amendments to the FY 2017/18 Fee Schedule RECOMMENDED ACTION: Open the public hearing, listen to public testimony and close public hearing. Adopt the resolution amending the fee schedule for Fiscal Year 2017/18, effective January 1, 2018. BACKGROUND: The City Council adopted the Fiscal Year (FY) 2017/18 Fee Schedule on April 19, 2017. The Fee Schedule is effective from July 1, 2017 through June 30, 2018. Events since adoption have resulted in the following proposed amendments to the Fee Schedule. Those events include enhancing customer service through expanding online payment options and a change in state law. Credit Card Convenience Fee –Page 2 In order to enhance customer service, the City is looking at using existing technologies within Community Development’s (CDD) operating system and the City’s website to increase online payment processing. This process has also allowed an opportunity to revisit the credit card convenience fee. Since 2010, the City has charged a 3% credit card convenience fee for CDD counter payments and a $2 fee for online Recreation payments. The City accepts most major credit cards with the exception of Visa at the CDD counter. Visa rules at the time prohibited convenience fees for in-person transactions,but allowed convenience fees for alternative payment channels, such as online payments. In FY 2016/17 the credit card processing fee rate was 6.6% resulting in a total cost of $39,448. Credit card convenience fee revenue totaled $6,539. Staff worked with Comerica Bank in May 2017 to identify a new credit card processor that reduces processing costs and provides better customer service. The new processor reviewed the current pricing structure and implemented a structure that has reduced the processing rate to 3.12%. If current year credit card volume ends up similar to the prior year, then credit card processing costs will see a reduction of approximately $20,000. Staff presented this anticipated cost savings to the Finance Committee with the option of (1) eliminating the current credit card convenience fee, or (2) standardizing a convenience fee across all credit card transactions. The Finance Committee recommended the City Council eliminate the convenience fee. Eliminating the credit card convenience fee would result in the following: Minimal reduction in revenue Modest increase in credit card usage and processing costs Improve customer service and goodwill Reduce administrative costs related to complying with Visa and MasterCard payment programs If the City Council were to retain and standardize a convenience fee across all credit card transactions to allow the use of Visa cards at the CDD counter, the City must establish the same fee across all payment channels including in-person transactions at the Recreation counter. Last FY the City had 1,253 in-person transactions at the Recreation counter. For additional context, Attachment C details FY 2016/17 credit card activity. Highlights from FY 16/17 credit card activity Total CDD revenue from credit card activity – $157,337 (7.43% of total CDD revenue) Total number of CDD counter transactions – 436 Total Recreation revenue from credit card activity – $439,444 (43.41% of total CDD revenue) Total number of Recreation counter transactions – 1,253 Total number of Recreation online transactions – 1,096 Certified Access Specialist (CASp) Fee – Page 8 SB1186, passed in 2012, requires a $1 fee to be assessed on any local business license applicant between January 1, 2013 and December 31, 2018. The purpose of the fee is to increase disability access and compliance with construction-related accessibility requirements. The fee assists cities in supporting the CASp program and provides funding for the Division of the State Architect (DSA) to oversee the program. Cities retain 70% of the fees collected and remit the remaining 30% to the DSA on a quarterly basis. Cities are also required to submit an annual report detailing the amounts collected, remitted and what CASp activities were supported during the reported period. Since January 1, 2013,the city collects an annual average of $2,472 and spends an annual average of $1,730 on CASp related activities. Those activities include contracts with professional plan checkers with CASp certification, attendance at annual conferences or other training opportunities for staff. Although the original legislation created a temporary fee, it was anticipated that the fee would become permanent prior to its expiration on December 31, 2018. AB1139, signed into law on October 11, 2017 extends the CASp fee indefinitely and temporarily increases it to $4 between January 1, 2018 and December 31, 2023. On January 1, 2024, the fee reverts to $1. The law also requires cities to retain 90% of the fees collected between January 2018 and December 2023. There were no changes to the annual reporting requirement. Staff anticipates annually collecting approximately $10,000 in CASp fees and spending approximately $9,000 on CASp-related activities between January 2018 and December 2023. The Finance Committee recommended the City Council increase the CASp fee in accordance with AB1379. ATTACHMENTS A. Proposed FY 2017/18 Fee Schedule Amendment Resolution B. Amended FY 2017/18 Fee Schedule C. FY 16/17 Credit Card Activity Statistics and Analysis ATTACHMENT-A RESOLUTION NO. 17-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING A SCHEDULE OF FEES FOR FISCAL YEAR 2017/18 WHEREAS, the City Council wishes to amend the City of Saratoga Fee Schedule for Fiscal Year 2017/18 adopted on April 19, 2017 to eliminate credit card convenience fees and impose a Certified Access Specialist fee as required by state law. NOW, THEREFORE BE IT RESOLVED,as follows: Section 1: The City of Saratoga Fee Schedule for Fiscal Year 2017/18 adopted on April 19, 2017 is hereby amended effective January 1, 2018 to be replaced in its entirety by the City of Saratoga Fee Schedule for Fiscal Year 2017/18 attached hereto as Exhibit A. The fees set forth therein shall be paid to, or collected by, the City for each of the applications, permits, extensions, renewals, services, or other matters enumerated therein. No application shall be deemed filed or complete until all required fees have been paid in full to the City. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of November 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Emily Lo, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk CITY OF SARATOGA FEE SCHEDULE FISCAL YEAR 2017/18 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE i Administrative Fees Address Processing Fee .............................................................................................................1 Animal Control Services ...........................................................................................................1 Appeals – Public Hearings .........................................................................................................1 Council Candidate Fees .............................................................................................................1 Copy/Duplication Fees...............................................................................................................1 County Recording Service Fee ..................................................................................................1 Credit Card Convenience Fee ....................................................................................................2 Document Technology Fees ......................................................................................................2 False Alarm Fees........................................................................................................................2 Late Payment Fees .....................................................................................................................2 Notary Fee ..................................................................................................................................2 Notification Services .................................................................................................................2 Postage & Mailing ....................................................................................................................3 Publication Fees .........................................................................................................................3 Recreation Activity Guide Advertising .....................................................................................3 Replacement Check/Reissue Fee ...............................................................................................4 5HSODFHPHQW )DFLOLW\.H \$FFHVV&DUG )HH«««««««««««««««««««4 Research Fees.............................................................................................................................4 Returned Check Fees .................................................................................................................4 Subpoena Summons Response )HH«««««««««««««««««««««« 7REDFFR5 HWDLOHU«............................4 :HHG$ED WHPHQW«««««««««««««««««««««««««««««« Staff Billing Rates ......................................................................................................................5 Business License Tax & Fees Processing Fees .........................................................................................................................7 Penalty for Delinquent Payment ................................................................................................7 Business License Tax Contractor/Subcontractor .....................................................................................................7 Jukebox ................................................................................................................................7 Theatrical Performance ........................................................................................................7 Delivery Services ................................................................................................................7 Vending Machines ...............................................................................................................7 Home Occupations ...............................................................................................................7 Amusement Device ..............................................................................................................7 Commercial Photography ....................................................................................................8 Property Leasing ..................................................................................................................8 Personal Escort Services or Bureaus....................................................................................8 Non-Profit ............................................................................................................................8 All other Businesses .............................................................................................................8 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ii Business License Tax & Fees Continued State Fee ...............................................................................................................................8 Business and Code Regulation Permits Card Games ................................................................................................................................9 Circuses & Carnivals (Fairs) ......................................................................................................9 Firearms .....................................................................................................................................9 Massage Establishments ............................................................................................................9 Motion Picture Filming ..............................................................................................................9 Noise Exception Permit .............................................................................................................9 Peddlers & Solicitors Application Fee .......................................................................................9 Private Patrols ..........................................................................................................................10 Recyclers ..................................................................................................................................10 Restricted Street Usage Permit ................................................................................................10 Secondhand Dealers .................................................................................................................10 Special Event Permit ................................................................................................................10 Valet Parking ...........................................................................................................................10 Code Compliance Abandoned Vehicle Fee ...........................................................................................................11 Administrative Citation Fee .....................................................................................................11 Code Compliance Permits........................................................................................................11 Notice of Code Violation Fees .................................................................................................11 Sign Fees ..................................................................................................................................11 Development Fees Development Permits Construction Trailer Permit ...............................................................................................12 Satellite Dish Antenna Permit ............................................................................................12 Storage Permit ....................................................................................................................12 Tree Removal Permits........................................................................................................12 Fallen or Dead Tree Removal Permits ...............................................................................12 Development Fees Appeals......................................................................................................12 Approved Application Extension ......................................................................................12 General Plan Update Fees ..................................................................................................12 Landscape Bond Acceptance Fee ......................................................................................13 Off Site Improvement Review ...........................................................................................13 Request for Continuance ....................................................................................................13 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE iii Development Fees Continued Development Services $QQH[DWLRQ««««««««««««««««««.«««««««««««« City Attorney Services .......................................................................................................13 Development Staff Services ...............................................................................................13 General Plan Amendment Services ..................................................................................13 Noticing Services ...............................................................................................................13 Occupancy Inspections ......................................................................................................13 Technical Review and Notification Sign ...........................................................................13 Special Reports & Studies .................................................................................................14 Traffic & Economic Studies/Other Special Report ...........................................................14 Williamson Act Contract Cancellation ..............................................................................14 Zoning Ordinance Amendment..........................................................................................14 Complex Project Fee ..........................................................................................................14 Pre-Development Application Services Planning Process Orientation Class ...................................................................................14 Plan Submittal Orientation .................................................................................................14 Property Profile ..................................................................................................................14 Development Application Reviews Refund Policy.....................................................................................................................15 Conditional Use Permit ......................................................................................................15 Design Review ...................................................................................................................15 Environmental Review.......................................................................................................15 Fence Enclosure .................................................................................................................16 Fence Exception .................................................................................................................16 Grading Exception Application .........................................................................................16 Heritage Preservation .........................................................................................................16 Lot Adjustments .................................................................................................................16 Modification of Approved Applications ............................................................................16 Sign Application ................................................................................................................16 Sound Wall Application ....................................................................................................16 Temporary Use Application«««««««««.«««««««««««««« Tentative Map Subdivision Application ............................................................................17 Variance Fee Application ..................................................................................................17 :DWHU(I ILFLHQF\/DQGVFDSH5 HYLHZ$SSOLFDWLRQ««««««««««««««« Arborist Services Arborist Consultant / Field Inspections .............................................................................17 Arborist Review Fee ..........................................................................................................17 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE iv Tree Appeals ......................................................................................................................17 Tree Fines ..........................................................................................................................17 Development: Building Permit & Inspection Fees Building & Inspection Permits Refund Policy.....................................................................................................................18 Valuation Modifier – Residential.......................................................................................19 Valuation Modifier – Commercial .....................................................................................19 Valuation Modifier - Other ................................................................................................19 Building Permits ................................................................................................................20 Electrical Permits ...............................................................................................................20 Grading Permit ...................................................................................................................20 Landslide Repair Permit ....................................................................................................21 Heating & Air Conditioning Permits .................................................................................21 Plumbing Permits ...............................................................................................................21 Building & Inspection Services Energy Calculation Review ...............................................................................................22 Other Inspection Fees ........................................................................................................22 Building & Inspection Taxes State Building Standards Fee .............................................................................................23 State Strong-0RWLRQ ,QVWUXPHQWDWLRQ3 URJUDP«««««.««««««««««« Construction Tax ................................................................................................................23 Additional Fees ........................................................................................................................23 Development: Engineering Fees & Permits Engineering Fees Certificate of Compliance ..................................................................................................24 Engineering Design & Administrative Review .................................................................24 Geotechnical Review .........................................................................................................24 Improvement Plan Check Fee ............................................................................................24 Inspection Fee for Subdivision &Building Site Improvements .........................................24 Lot Line Adjustment Engineering Fees .............................................................................24 Map Checking Fees............................................................................................................25 Park Development Fee .......................................................................................................25 Tentative Subdivision Maps ..............................................................................................25 Traffic Review Fees ..........................................................................................................25 Stormwater Design Review Fee.........................................................................................25 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE v Engineering Permits Encroachment Permits .......................................................................................................26 Additional Engineering Services Fees .....................................................................................26 Equipment Rentals Public Works Equipment ...................................................................................................27 Facility & Park Rental Fees Facility Rentals Facility Rental Discounts and Refund Policy ....................................................................28 Civic Theater ......................................................................................................................28 Joan Pisani Community Center ..........................................................................................28 Saratoga Prospect Center ...................................................................................................29 Recreation Portable ............................................................................................................29 Warner Hutton House .......................................................................................................29 Park Rentals Park Rental Discounts ........................................................................................................30 Azule Park ..........................................................................................................................30 Belgrove Park.....................................................................................................................30 Brookglen Park ..................................................................................................................30 Congress Springs Park .......................................................................................................30 El Quito Park......................................................................................................................30 Foothill Park.......................................................................................................................30 *DUGLQHU3D UN««««««««««««««««««««««««««««« Heritage Orchard Park .......................................................................................................31 Historical Park ...................................................................................................................31 Kevin Moran Park ..............................................................................................................31 Ravenswood Park...............................................................................................................31 Wildwood Park ..................................................................................................................31 Other Rental Fees Banner Fees ........................................................................................................................32 Community Garden Plot Rentals .......................................................................................32 Park Attendant Fee .............................................................................................................32 Miscellaneous Fees Electric Vehicle Station Usage Fees ..................................................................................32 ATTACHMENT-B 1 Address Processing Fee $ 160 Animal Control Services All fees related to animal control services are set and administered by the City of 6DQ -RVH¶V $QLPDO &RQWURO 6HUYLFHV Dept. under contract between the City of Saratoga and the City of San Jose. Refer to http://www.sanjoseanimals.com for more details. Appeals – Public Hearing This fee applies to all appeals except where an appeals procedure and fee is otherwise set forth in the fee schedule. See Municipal Code Section 2-05.030 for more information. Code Violation Appeal $ 400 Planning Commission Appeals $ 400 City Council Appeals $ 600 Council Candidate Fees Candidate Filing Fees $ 25 Candidate Election/Statement Fee Deposit amount to be determined by SCC Clerk Actual Cost as determined by SCC Copy/Duplication Fees B/W copy - letter/legal size $ .20 per page Color copy – letter/legal size $ .35 per page Electronic documents – letter/legal size $ .10 per page Audio/Video Tape/DVD/CD $ 20 Data Duplication – digital file Actual Cost Data Duplication – using Plotter Actual Cost Data Duplication – e-file copy on CD Actual Cost Duplicate Plan Sets Actual Cost All other duplication requests Actual Cost County Recording Service Fee $ 150 Staff and attorney time required for review and processing of documents required to be recorded at County Credit Card Convenience Fees (Non-refundable) Recreation & Facilities $ 2 per transaction Building & Development 3% of transaction ATTACHMENT-B 2 Document Technology Fees Administrative Processing Fee $ 150 Public Hearing Processing Fee $ 300 ·[·oU·GRF XPHQWV $ .75 per page ·[·RUOD UJHUSOD QV $ 2 per page False Alarm Call Response Fee (Per Calendar Year) 1st False Alarm Response No Charge 2nd False Alarm Response No Charge 3rd False Alarm Response $ 50 4th False Alarm Response $ 100 5th False Alarm Response $ 200 6th False Alarm Response $ 300 Each subsequent false alarm response $ 400 Late Fees General billings/accounts receivable 1% interest accrued per month Garbage Collection Service Late Fee Charges Lien Administrative Charge $ 100 Special Assessment $ 50 Notary Fee $ 15/per signature (AB2217, effective January 1, 2017) Notification Services Requests for electronic notification services of meeting agendas, public notices, and/or documents that are regularly SRVWHG RQ WKH &LW\¶V ZHEVLWH for public notification and review will be provided at no charge upon request to the City Clerk at ctclerk@saratoga.ca.us. Agendas/documents include: ™ City Council Agendas ™ Planning Commission Agendas ™ Other City Commission / Committee Agendas ™ Public notices related to adoption or amendment of the General Plan or a Specific Plan ™ Adoption or amendments of the Zoning Ordinance ™ Use Permits or Variances before the Planning Commission or City Council ™ Documents pursuant to the California Environmental Quality Act ATTACHMENT-B 3 Postage & Mailings Actual Cost Publication Fees (documents may be available on City Website) City Code Actual Cost City Budget $ 50 Comprehensive Annual Financial Report (CAFR) $ 25 General Plan $ 45 General Plan Map $ 15 6DUDWRJD¶V+HULWDJH %RRN $ 20 Zoning Map $ 20 Zoning Ordinance $ 15 Village Plan $ 7 Village Designs Guidelines $ 5 Parks & Trails Master Plan $ 5 Standard Details $ 5 Subdivision Ordinance $ 5 Recreation Activity Guide Advertising Fees Non-Glossy Black & White Inside 1/8 page (business card size) $ 250 Inside ¼ page, vertical 4 ½ x 3 5/8· $ 350 ,QVLGHS DJHKR UL]RQWDO[· $ 550 ,QVLGHS DJHY HUWLFDO [· $ 550 ,QVLGH IXOOSD JH[· $ 850 Glossy Full Color Advertising Inside back cover 1/3 SDJH[· $ 550 Inside back cover 2/3 SDJH[‡ $ 1,000 ,QVLGHE DFN FRYHU IXOOSD JH[‡ $ 1,300 Replacement Check / Reissue Fee First Check replacement No charge Subsequent requests $ 25 Replacement Facility Key/Access Card Fee Lost b y Non-employee $ 50 Research Fee Billed at Staff Hourly Billing Rate Returned Check Charge (CA Civil Code Section 1719) ATTACHMENT-B 4 1st insufficient funds check occurrence $ 25 Subsequent occurrences $ 35 Subpoena Summons Response $ 275 per day* (AB 2727 effective, January 1, 2015) Should the actual cost of salary compensation plus travel expenses exceed the $275 per day threshold, the difference shall be due to the City by the requesting party. If the actual cost is less than the $275 threshold then the City shall refund the difference. Tobacco Retailer New Application $ 100 Renewal $ 50 Weed Abatement All fees associated with weed abatement services are set and administered by the Santa Clara County Department of Agriculture under contract between the City of Saratoga and Santa Clara County. For more information about the program, refer to https://www.sccgov.org/sites/wap/Pages/process.aspx. STAFF BILLING RATES Cost recovery hourly billing rates are established for each position based on current year salary, benefits, administrative overhead and a flat service rate for insurance, support services, and costs associated with the use of facilities, equipment, vehicles and materials. For Fiscal Year 2017/18, the administrative overhead rate is 12.96% and the flat service rate is $23. Billing rates are used to charge private parties and organizations for staff time spent on requests such as for regulatory and administrative services, for maintenance and repair services, and to charge back staff time for insurance claim cost recovery billings. 7KHWDEOH EH ORZOL VWVWKL V \HDU¶VEL OOLQJ UDWHVE \SR VLWLRQ Classification Title Billing Rate Accountant II $ 117.47 Administrative Analyst II $ 117.47 Administrative Analyst I $ 112.03 Administrator, IT $ 118.96 Arborist, Senior $ 131.33 Building Inspector, Senior $ 131.33 Building Inspector $ 117.69 City Clerk $ 132.57 ATTACHMENT-B 5 Coordinator, Facility $ 97.24 Coordinator, Recreation Programs $ 97.52 Department Director $ 184.18 Engineer, Sr. Civil $ 143.63 Engineer, Associate $ 130.37 Engineer, Plan Check $ 130.37 Exec Assistant to the City Manager / Dep City Clerk $ 105.48 Maintenance Lead Worker $ 106.34 Maintenance Worker III $ 99.46 Maintenance Worker II $ 93.08 Maintenance Worker I $ 87.09 Manager, Facility Maintenance $ 126.92 Manager, Finance $ 141.73 Manager, Human Resources $ 155.77 Manager, Public Works $ 130.72 Office Specialist III $ 96.89 Officer, Code Compliance $ 108.27 Planner, Senior $ 131.20 Planner II $ 124.34 Supervisor, Recreation $ 115.11 Technician, Accounting Senior $ 106.09 Technician, Accounting $ 99.20 Technician, Human Resources $ 99.20 Technician, IT $ 99.20 Technician, Permit $ 99.29 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ BUSINESS LICENSE TAX AND FEES ~ FY 2017/18 6 BUSINESS LICENSE TAX – PROCESSING FEES (Non-Refundable) New Application $ 30 Renewal of Application $ 15 Address Change/Correction $ 10 Duplicate Certificate $ 10 Business License Listing $ 30 BUSINESS LICENSE TAX – PENALTIES FOR DELINQUENT PAYMENTS Within 30 days after due date 10% of the tax amount due Exceeding 30 days after due date Additional 10% of tax due for each month thereafter, with penalty not to exceed 100% of business license tax amount due ANNUAL BUSINESS LICENSE TAX Contractor / Subcontractor $ 45 plus 15% Building Fee Permit Jukebox $ 50 per jukebox Theatrical Performance $ 100 per year or $10 / performance Delivery Services $ 100 per business Vending Machines Cost of .25¢ or less $ 25 per machine Cost of .26¢ to $1.00 $ 45 per machine Cost of .26¢ to $2.00 $ 55 per machine Cost of .26¢ to $3.00 $ 65 per machine Cost of .26¢ to over $3.00 $ 75 per machine Home Occupation $ 100 per occupation Amusement Device $ 50 per device ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ BUSINESS LICENSE TAX AND FEES ~ FY 2017/18 7 Commercial Photography Movies/Videos on City Property $ 500 per day Movies/Videos not on City Property $ 250 per day Still Photography on City Property $ 50 per day Still Photography not on City Property $ 25 per day Property Leasing Commercial $ 100 plus $3 per 1,000 square feet gross leasable space in excess of 5,000 square feet to a maximum of 72,000 square feet Residential $100 plus $5 per unit over 4 units, to a maximum of 40 units Circuses & Carnivals (Fairs) $ 250 per day Personal Escort Services or Bureaus $ 500 plus $100 per employee Non-Profit Business Non-Profit businesses are not assessed a tax, however organizations must still register with the City and renew license each year. Annual application processing fees shall be assessed. Application processing fees All Other Businesses $ 100 / business plus $10 per employee to maximum of $200 State Fee Certified Access Specialist (CASp Fee) (per SB 1186AB1379, effective 1/1/201318- 12/31/201823) $ 1 4 per business license Detailed Business License Tax and Fee information is found in Chapter 4 of the City of Saratoga Municipal Code ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ BUSINESS REGULATION PERMITS ~ FY 2017/18 8 BUSINESS REGULATION PERMITS Card Games Permit Application Fee $ 1,250 Circuses & Carnivals (Fairs) Permit Application Fees $ 100 Clean-up Deposit $ 500 Firearms Sellers Permit Application Fee $ 300 Sellers Permit Renewal Fee $ 150 Massage Establishments Permit Application Fee $ 750 Permit for Managing Employee $ 350 Permit for Massage Practitioner $ 350 Examination Fee As set by the Examiner Background Investigation/Fingerprinting As set by the Sheriff Notary Fee $ 10 per signature Appeal Hearing – Denials $ 500 Appeal Hearing – Suspension/Revocations $ 1,500 Motion Picture Filming Permit Application Fee $ 500 Clean-up Deposit* At the discretion of the Community Events Official Noise Exception Permit Permit Application Fee $ 50 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ BUSINESS REGULATION PERMITS ~ FY 2017/18 9 Peddlers & Solicitors Application Fee New Renewal 1 Solicitor $ 100 $ 50 2 to 5 Solicitors $ 150 $ 75 6 to 10 Solicitors $ 250 $ 125 11 to 20 Solicitors $ 300 $ 150 21 or more Solicitors $ 350 $ 175 Photo ID Fee $ 25 per badge $ 25 per badge Private Patrol Permit Application Fee $ 200 Permit Renewal Fee $ 100 Employee Application Fee $ 50 Recyclers Permit Application Fee $ 300 Permit Renewal Fee $ 150 Restricted Street Usage Permit (Trucks > 5 tons) Single Permit $ 25 Annual Permit $ 100 Secondhand Dealers Permit Application Fee $ 300 Permit Renewal Fee $ 150 Special Event Permit Application Fee $ 300 Clean-Up Deposit $ 250 Valet Parking Permit Application Fee $ 300 Detailed Business Regulation and permit application fee information is found in Chapter 4 of the City of Saratoga Municipal Code ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ CODE COMPLIANCE FEES ~ FY 2017/18 10 Abandoned Vehicle Fee Administrative Fee for Removal $ 250 Administrative Citation Fee First Violation $ 100 per day Second Violation $ 200 per day for violation of the same ordinance or permit within one year from the date of first violation. Subsequent Violations $ 500 per day for each additional violation of the same ordinance or permit within one year from the date of first violation. Administrative Citation Late Payment Penalty Within 30 days after due date 10% of the citation fee amount due Exceeding 30 days after due date Additional 10% of citation fee due for each month thereafter, with penalty not to exceed 100% of citation fee due. Code Compliance Permits Animal – Kennel Permit $ 125 Animal – Horse Permit $ 125 Noise Exception Permit $ 50 Off-Street Vehicle Permit $ 125 Special Event Permit $ 300 Notice of Code Violation Removal of Notice of Code Violation $ 500 Sign Retrieval Fees (Per Calendar Year) First Occurrence $ 0 Second Occurrence $ 20 per sign Subsequent Occurrences $ 40 per sign Sign Abandonment Full cost of recovery and disposal of each sign See Municipal Code Section 15-30.190 (d) for more information. ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2017/18 11 California Government Code §66014 states "(a) Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits...those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged." For more details, go to http://leginfo.legislature.ca.gov DEVELOPMENT PERMITS Construction Trailer Permit $ 100 Satellite Dish Antenna Permit $ 100 Storage Permit $ 200 Tree Removal Permit Tree Removal Permit $ 125 After-the-Fact Tree Removal Permit (Tree Removal Permit + 2 hours staff time) $ 365 Fallen or Dead Tree Removal Permit No fee shall be required for a permit to remove a fallen tree Tree Removal permit fee shall be refunded to the applicant if City Arborist determines the tree to be dead. DEVELOPMENT FEES Appeals This fee applies to all appeals except where an appeals procedure and fee is otherwise set forth in the fee schedule. See Municipal Code Section 2-05.030 for more information. From Administrative Decision to Planning Commission per City Code Section 15-90.010 $ 400 From Planning Commission to City Council per City Code Section 15-90.020 $ 600 Application Extension Fee $ 2,500 General Plan Update Fee .285% of project valuation at the time of permit issuance. ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2017/18 12 Landscape Bond Acceptance Fee $ 500 Request for Continuance First Request No Charge Second and subsequent requests $ 250 DEVELOPMENT SERVICES Annexation Annexation Request $5,000 deposit – staff time billed at Staff Billing Rate plus LAFCO expenses Actual Cost Waiver Request $ 500 City Attorney Services Billed at the KRXUO\U DWHV HWSHU WKH&L W\$WWRUQH\¶V annual contract Actual Cost General Plan Amendment Services Application for election to amend the General Plan Actual Cost charged by consultant plus 35% surcharge General Plan Amendment $3,500 initial deposit – staff time billed at Staff Billing Rate Actual Cost General Plan Amendment Requiring Election $3,500 initial deposit – staff time billed at Staff Billing Rate plus costs of election as determined by the City Clerk Actual Cost Noticing Services Actual Cost charged by consultant plus 35% surcharge Occupancy Inspections $ 165 Technical Review Technical Review Application $ 500 Project Notification Sign $ 20 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2017/18 13 Special Reports and Studies Actual Cost charged by consultant plus 35% surcharge Traffic and Economic Studies/Other Special Reviews Actual Cost charged by consultant plus 35% surcharge Williamson Act Contract Application or Contract Cancellation $ 5,000 initial deposit – staff time billed at Staff Billing Rate Actual Cost Zoning Ordinance Amendment $ 3,500 initial deposit – staff time billed at Staff Billing Rate Actual Cost Complex Project Fee If the application processing cost of a project is determined to significantly exceed the established flat fee, the Community Development Director may convert project flat fees into DQKRXU O\UDWHLQRU GHUWR UHFRYHUWKH &LW\¶V DFWXDO FRVW PRE-DEVELOPMENT APPLICATION SERVICES Planning Process Orientation Class $ 500 per 1 hour class Plan Submittal Orientation Staff time billed at Staff Billing Rate Actual Cost Property Profile $ 100 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2017/18 14 DEVELOPMENT APPLICATION REVIEWS Refund Policy Development Application Review Fees are charged at either a flat rate fee, or a deposit is required which is then charged at an hourly Staff Billing Rate or consultant rates plus costs and/or surcharges, as described in fees below. If an applicant decides to cancel a project within the first 30 days, the flat fee will be reimbursed at 50% of the fee - only if a minimal amount of work was completed prior to the request for cancellation of application. If an applicant cancels a deposit-funded application, any remaining uncharged deposit amount will be refunded. All deposits are non-interest bearing. Conditional Use Permit Administrative Review $ 3,400 Planning Commission Review $ 4,400 Design Application Review Administrative Review $ 3,400 Planning Commission Review $ 5,200 Environmental Application Review Department of Fish & Game EIR Fee per AB 3158 Actual cost by the Dept. of Fish & Game plus a 35% surcharge Department of Fish & Game Negative Declaration Fee Actual cost by the Dept. of Fish & Game plus a 35% surcharge Environmental Assessment Fee $1,500 initial deposit – staff time billed at Staff Billing Rate Actual Cost Mitigated Negative Declaration Fee Actual cost charged by consultant plus a 35% surcharge Environmental Impact Report Administrative Fee Initial deposit required – as determined by CDD Director Actual cost charged by consultant plus a 35% surcharge Monitoring of Mitigation Measures (Actual Cost charged by consultant plus a 35% surcharge) ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2017/18 15 Fence Enclosure – Application & Permit Planning Commission Review $ 1,800 Fence Exception – Application & Permit Planning Commission Review $ 1,800 Grading Exception Application & Permit $ 1,800 Heritage Preservation Application & Reviews Mills Act Application $ 1,500 initial deposit – staff time billing rates Actual Cost Historic Compliance Review $ 240 Application for Designation No Charge Permit Application Fee No Charge Appeal Fee No Charge Lot Adjustment – Application Review Application for Lot Line Adjustment $ 1,500 Application for Merger of Parcel $ 1,500 * waive application costs associated with lot mergers, in an amount not to exceed $5,000, for projects that provide a minimum of 20% deed restricted units affordable to low and very- low income households Application for Reversion to Acreage $ 1,500 * Additional Engineering Fees are charged for City Engineer and Surveyor work in conjunction with Development Application Reviews Modification of Approved Application Review $ 2,500 Sign – Application Review Administrative Review $ 300 Planning Commission Review $ 1,800 Sound Wall Application Review $ 1,000 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2017/18 16 Temporary Use Application Review Administrative Review $ 425 Planning Commission Review $ 2,600 Tentative Map Subdivision – Application Review Staff time charged at Staff Billing Rate, plus costs if applicable Less Than 10 lots ($ 5,000 initial deposit) Actual Cost 10 or more lots ($ 5,000 initial deposit plus $ 150 for each lot over 10) Actual Cost Subdivision Final Map ($ 1,000 initial deposit) Actual Cost Variance – Application Review $ 2,700 Water Efficiency Landscape – Application Review Staff time charged at Staff Billing Rate, plus costs if applicable Administrative Review ($ 2,500 initial deposit) $ 2,500 ARBORIST SERVICES Arborist Consultant Services/Field Inspections Staff time charged at Staff Billing Rate plus costs if applicable Actual Cost Arborist Review Fee Staff time charged at Staff Billing Rate (Initial deposit of $ 1,000) Actual Cost Arborist Review - Tree Appeal $ 250 Tree Fines – Illegal pruning encroachment, damage, or removal Per code section 15-50.170 – Fine amount to be determined by Arborist ALL DEPOSITS ARE NON-INTEREST BEARING ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT: BUILDING PERMIT & INSPECTION FEES ~ FY 2017/18 17 BUILDING PERMITS & INSPECTION FEES Refund Policy Building Permits and Inspection Fees are charged as described in fees below. Any fee erroneousl y paid or collected will be refunded. If an applicant decides to cancel a project within 180 days of the Building Permit Fee payment, a refund of not more than 80% of the fee may be authorized provided that no work has been done under the issued permit. A refund of not more than 80% of the Plan Check Fee may be authorized provided that no plan check review has been completed. No refund of any fee shall be authorized without submittal of a written application by the original applicant within 180 days of fee payment. Building Permit Fees(Based on Total Valuation) A building valuation regional modifier of 2.7 shall be used in conjunction with the Building Valuation Data provided in the publication, Building Valuation Data, published by the International Code Council – February 2016. The Building Valuation Data will be increased by the February Engineering News Record (ENR) Annual Building Cost Index (BCI), indexed for San Francisco, every year thereafter. ,WVKRXOGEHQRWH GWKDW Z KHQXVL QJWKL VGDW DWKH VHDUH ‡DYHUDJH·F RVWVE DVHGRQ typical construction methods for each occupancy group and type of construction. The average costs include foundation work, structural and nonstructural building components, electrical, plumbing, mechanical and interior finish material. The data is a national average and does not take into account any regional cost differences. As such, the use of Regional Cost modifiers is subject to the authority having jurisdiction. Valuation Fee Amount $ 1 to $ 2,000 $ 78 minimum $ 2,001 to $ 25,000 $ 78 for the first $ 2,000 plus $ 17.50 each additional $ 1,000 or fraction thereof to and including $ 25,000 $ 25,001 to $ 50,000 $ 490 for the first $ 25,000 plus $12.60 each additional $ 1,000 or fraction thereof to and including $50,000 $ 50,001 to $ 100,000 $ 805 for the first $ 50,000 plus $9.80 each additional $ 1,000 or fraction thereof to and including $ 100,000 $ 100,001 to $ 500,000 $ 1,242 for the first $ 100,000 plus $7 each additional $ 1,000 or fraction thereof to and including $ 500,000 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT: BUILDING PERMIT & INSPECTION FEES ~ FY 2017/18 18 $ 500,001 to $ 1,000,000 $ 4,042 for the first $ 500,000 plus $5.90 each additional $ 1,000 or fraction thereof to and including $1,00,000 $ 1,000,001 and up $ 7,010 for the first $ 1,000,000 plus $4.56 each additional $ 1,000 or fraction thereof Plan Check Fee 65% of the building permit fee Residential Valuations New Homes $ 307/square foot New Garage/Addition to Garage $ 122/square foot New Carports $ 122/square foot Habitable Space Additions $ 307/square foot Sports Courts $ 9/square foot Swimming Pools and Spas $ 67/square foot Cabanas (Enclosed) $ 307/square foot Decks $ 122/square foot Shade Structures/Arbors/Patio Covers $ 122/square foot Non-Habitable Enclosures Barns, Greenhouses, Storage Buildings, Gazebos, etc. $ 122/square foot Remodels/Rebuilds Santa Clara County Ordinance NS1100.113 may be used to determine rebuild status More than 25% of interior walls removed, relocated, added in the area of remodel $ 185/square foot (60%) Less than 25% of interior walls removed, relocated, added in the area of remodel $ 123/square foot (40%) Complete rebuild on existing foundation $ 231/square foot (75%) Structural $ 77/square foot (25%) Commercial Valuations Valuation shall be based on the latest Building Valuation Table with a 2.7 regional modifier. Shell Buildings 80% Remodels 40% Reroof $ 7/square foot ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT: BUILDING PERMIT & INSPECTION FEES ~ FY 2017/18 19 Other Valuations Photovoltaic Residential (roof mount) At current Permit Technician (1/2hr min) and Building Inspector (1hr min) billing rate not to exceed $ 500 plus $ 15 for each KW above 15KW (see page 5) Residential (ground mount) At current Permit Technician (1/2hr min), Planner II(1/2hr min) and Building Inspector (2hr min) billing rate (see page 5) Commercial 0-8KW $ 675 9-48KW $ 903 49KW and above $ 2,214 Demolition At current Permit Technician (1/2hr min) and Building Inspector (1hr min) billing rate. (see page 5) Reroofs Residential At current Permit Technician (1/2hr min) and Building Inspector (2hr min) billing rate (see page 5) Retaining Walls Masonry/Concrete $ 157/lineal foot Wood $ 83/lineal foot Electrical Permits Minor Remodels, Residential/Commercial Without associated building permit $ .10/square foot (min $90) Major Remodels, Residential/Commercial Without associated building permit At current permit technician (1/2hr min) and current building inspector (1hr min) rate (see Page 5) Miscellaneous permits Without associated building permit At Major Remodel rate ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT: BUILDING PERMIT & INSPECTION FEES ~ FY 2017/18 20 Plan Check Fee 25% of the building permit fee Grading Permits Less than 100 Cubic Yards $ 500 Over 100 Cubic Yards $ 500 for the first 100 cubic yards plus $ 125 for each additional 100 cubic yards or fractions thereof Plan Check Fee $ 530 Landslide Repair Permit At discretion of the Building Official Heating and Air Conditioning Permits Minor Remodels, Residential/Commercial Without associated building permit $ .10/square foot (min $ 90) Major Remodels, Residential/Commercial Without associated building permit At current Permit Technician (1/2hr min) and Building Inspector (1hr min) rate (see Page 5) Miscellaneous permits Without associated building permit At Major Remodel rate Plan Check Fee 25% of the building permit fee Plumbing Permits Water Heater Replacement $ 78 Minor Remodels, Residential/Commercial Without associated building permit $ .10/square foot (min $ 90) Major Remodels, Residential/Commercial Without associated building permit At current Permit Technician (1/2hr min) and Building Inspector (1hr min) rates (see Page 5) Miscellaneous permits w/o associated building permit Without associated building permit At Major Remodel rate Plan Check Fee 25% of the building permit fee ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT: BUILDING PERMIT & INSPECTION FEES ~ FY 2017/18 21 BUILDING & INSPECTION SERVICES Energy Calculation Review Addition to Residential Building $ 200 New Residential Structure $ 300 per unit * Fee waived for all new deed restricted affordable units that meet CALGreen requirements Addition to Non-Residential Building $ 300 New Non-Residential Structure $ 475 Application for Moving Permits $ 100 Other Inspection Fees Inspection Outside of Normal Business Hours At 1.5 times current Building Inspector (2hr min) billing rate (see page 5) Re-Inspection Fees Assessed Under Section 305(h) of the Uniform Administrative Code At current Building Inspector billing rate (see page 5) Inspections or plan review for which no fee is specificall y indicated At current Building Inspector or Plan Examiner (1hr min) billing rate (see page 5) Permit Extension – prior to expiration At current Permit Technician (1/2hr min) billing rate (see page 5) Permit to Final (only if all inspections except final have been completed) At current Permit Technician (1/2hr min) and Building Inspector (2hr min) billing rate (see page 5) Alternative Materials or Methods of Construction Request At current Senior Inspector (2hr min) billing rate (see page 5) Duplicate Permit Card At current Permit Technician (1/2hr min) billing rate (see page 5) Stockpiling Permit $ 300 ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT: BUILDING PERMIT & INSPECTION FEES ~ FY 2017/18 22 BUILDING & INSPECTION FEES & TAX State Fees State Building Standards Fee (CSBC Fee) (per SB 1473, effective 1/1/2009) Building Valuation x .00004 (Minimum of $1) Strong-Motion Instrumentation Program (SMIP Fee) (per SB 861, effective 1/1/2015) Commercial Structures Building Valuation x .00028 Residential Structures (1-3 stories) Building Valuation x .00013 (Minimum of .50¢) Construction Tax $ 1.00 per square foot of floor area of any building or structure $ .40 per square foot of the area of any mobile home lot Additional Fees In the event additional application processing services by the City are required by reasons of changes, modifications, additions, errors, omissions, or discrepancies occasioned by the applicant or his/her agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Community Development Director. All Deposits are Non-Interest Bearing ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT: ENGINEERING FEES ~ FY 2017/18 23 ENGINEERING FEES Certificate of Compliance Administrative Fee $ 500 for engineering staff work, plus DFWXDOF RVWFK DUJHGE\WK H&LW\¶V Surveyor, plus a 25% surcharge Deposit $ 2,500 Engineering Design & Administrative Review $ 1,000 per application for Engineering staff work Geotechnical Review Administrative Fee $ 850 for engineering staff work, plus DFWXDOF RVWFK DUJHGE\WK H&LW\¶V Geotechnical Consultant, plus a 25% surcharge Deposit $ 3,500 ($ 2,500 for S zoned areas) for the first lot plus $ 500 each additional lot up to a maximum of $10,000 or a greater amount as determined by the Public Works Director Improvement Plan Check Service Fee First $ 50,000 Estimated Construction Cost $ 5,000 minimum charge Over $ 50,000 Estimated Construction Cost $ 5,000 plus 5% of Estimated Construction Cost over $ 50,000 The Estimated Construction Cost shall be determined by the Public Works Director and shall be exclusive of the cost to construct public utility facilities where another public utility agency is collecting similar fees for such facilities Inspection Fees For Subdivisions & Building Site Improvements Two times the Improvement Plan Check Fee Lot Line Adjustment Engineering Fees Administrative Fee $ 500 for first lot plus $ 100 for each additional lot for engineering staff work, plus actual cost charged by the &LW\¶V6XUYH \RUSOXV VXUF KDUJH Deposit $ 2500 for first lot plus $ 500 for each ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT: ENGINEERING FEES ~ FY 2017/18 24 additional lot Map Checking Fees For Parcel Maps, Reversion to Acreage, Amended Maps Administrative Fee $ 1,000 for first lot plus $ 500 for each additional lot for engineering staff work, plus actual cost charged E\WKH&L W\¶V6 XUYH\RUS OXV surcharge Deposit $ 2,500 for the first lot plus $ 500 for each additional lot Park Development Fee *Council to consider waiving the park in-lieu fee for all new deed restricted units affordable to low and very-low income seniors $ 20,775 (Formula = 2010 Census 2.77 per household * 5 acres/1,000 residents * $ 1,500,000 per acre) Tentative Subdivision Map $ 2,500 for the first lot and $ 500 for each additional lot Traffic Review Fee Administrative Fee $ 500 review fee plus actual cost charged by the City Traffic Engineer plus 25% surcharge Deposit $ 2,500 for standard projects, or greater amount for complex projects as determined by the Public Works Director Stormwater Design Review Fee Administrative Fee $ 500 City review fee, plus actual cost charged by an accredited Storm Water Reviewer plus 25% surcharge Deposit $ 2,500 for standard projects, or greater amount for complex projects as determined by the Public Works Director ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ DEVELOPMENT: ENGINEERING FEES ~ FY 2017/18 25 ENGINEERING PERMITS Encroachment Permits Permit Application Fee $ 500 - for pipes, drains, conduits, utility service connections, routine O&M work by utility agencies, and permanent encroachments Major repairs or Capital Improvements by Utility Agencies/Companies Up to $ 250,000 RIH QJLQHHU¶V HVWLPDWH Up to $ 500,000 $ SOXVRI H QJLQHHU¶V estimate* over $ 250,000 Over $ 500,000 $ SOXVRI H QJLQHHU¶V estimate* over $ 500,000 *(QJLQHHU¶V FRVWHVWL PDWHVKD OOEH D SSURYHGE\the City Engineer and shall include all items of work. The construction cost shall be cumulative for each utility permit work related to a single project as determined by the city regardless of the number of permits. ADDITIONAL ENGINEERING SERVICE FEES In the event map check, plan checking or inspection services by the City are required for reasons of changes, modifications, additions, errors, omissions, or discrepancies occasioned by the applicant or his/her agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Public Works Director. ALL DEPOSITS ARE NON-INTEREST BEARING ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ EQUIPMENT RENTAL FEES ~ FY 2017/18 26 PUBLIC WORKS EQUIPMENT RENTALS Heavy Equipment, Vehicles, and Construction Tools & Equipment Rentals %LOOHGD WW KHF XUUHQW6 WDWHRI&D OLIRUQLD¶V CalTrans rate schedule (schedule located at): www.dot.ca.gov/hq/construc/equipmnt.html Security Deposit To be determined by Fleet Manager ALL DEPOSITS ARE NON-INTEREST BEARING ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ FACILITY & PARK RENTAL FEES ~ FY 2017/18 27 FACILITY RENTALS Facility Rental Discounts (one discount allowed per rental) Non-Profit Groups receive 50% discount Residents receive a 10% discount Facility Rental Refund Policy Rental Facility – includes room assigned tables and chairs Security Deposits – paid at time of reservation and are refunded within one month after event. » If additional charges are incurred due to damage to the building or contents, overtime or maintenance costs, deductions will be made from the deposit and the balance refunded. » If deposit does not cover the charges, applicant will be responsible for additional fees. » If clean-up is not completed, the entire deposit shall be forfeited. Rental Fees – must be paid in full at least 30 days prior to event. Cancellations – If event is cancelled between: » 6 to 12 months – one-third of the deposit is forfeited, rental fee is refunded » 3 to 6 months – two -third of the deposit is forfeited, rental fee is refunded » 1 to 3 months – 100% of the deposit is forfeited, rental fee is refunded » Less than 30 days – 100% of the deposit is forfeited, rental fee is forfeited Civic Theater Security Deposit $ 500 Surcharge $ 2.50 per ticket Move In/Move Out/Rehearsal $ 20 per hour Four (4) Hour minimum Performances $ 75 per hour Four (4) Hour minimum Joan Pisani Community Center Security Deposit – Multi-Purpose Room $ 500 Security Deposit – All others room rentals $ 300 Multi-Purpose Room w/Kitchen $ 175 per hour Senior Center Room w/Kitchen $ 150 per hour Patio Room $ 75 per hour Arts & Crafts Room $ 75 per hour Dance Studio $ 75 per hour Garden Patio $ 75 per hour ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ FACILITY & PARK RENTAL FEES ~ FY 2017/18 28 Conference Room $ 75 per hour Sr. Center Fireside Room $ 75 per hour Sr. Center Portable $ 75 per hour Saratoga Prospect Center Grace Building Security Deposit $ 300 Large Room w/Kitchenette $ 150 per hour Conference Room $ 75 per hour Friendship Hall Security Deposit $ 500 Large Room w/Kitchen $ 200 per hour Recreation Portable Security Deposit $ 300 Meeting Room $ 75 per hour Warner Hutton House Security Deposit $ 300 House & Garden $ 200 per hour ALL DEPOSITS ARE NON-INTEREST BEARING ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ FACILITY & PARK RENTAL FEES ~ FY 2017/18 29 PARK RENTALS Facility Rental Discounts (one discount allowed per rental) Non-Profit Groups receive 50% discount Residents receive a 10% discount Azule Park Picnic Area with Barbeque $ 15 per hour Horseshoe Pit $ 15 per hour Petanque Court $ 15 per hour Tennis Court $ 15 per hour Entire Park Rental $ 100 per hour Three (3) Hour Min. Security Deposit $ 250 Bellgrove Park n/a Beauchamps Park Tennis Court $ 15 per hour Brookglen Park n/a Congress Springs Park Security Deposit $ 250 Picnic Area with Barbeque $ 15 per hour El Quito Park Picnic Area with Barbeque $ 15 per hour Softball Diamond $ 30 per hour Horseshoe Pit $ 15 per hour Sand Volleyball Pit $ 15 per hour Entire Park Rental $ 100 per hour Three (3) Hour Min. Security Deposit $ 250 Foothill Park n/a Gardiner Park Picnic Area with Barbeque $ 15 per hour ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ FACILITY & PARK RENTAL FEES ~ FY 2017/18 30 Heritage Orchard n/a Historical Park n/a Kevin Moran Park Picnic Area with Barbeque $ 15 per hour Tennis Court $ 15 per hour Bocce Court $ 15 per hour Entire Park Rental $ 100 per hour Three (3) Hour Min Security Deposit $ 250 Ravenswood Park n/a Wildwood Park Picnic Area with Barbeque $ 15 per hour Stage $ 30 per hour Horseshoe Pit $ 15 per hour Sand Volleyball Court $ 15 per hour Entire Park Rental $ 100 per hour Three (3) Hour Min Security Deposit $ 250 Sports Fields Resident Non-Resident Non-profit Soccer $ 38 per hour $ 59 per hour $ 25 per hour Baseball $ 33 per hour $ 52 per hour $ 15 per hour ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ FACILITY & PARK RENTAL FEES ~ FY 2017/18 31 OTHER RENTAL FEES Banner Fees Non Profit Rentals Security Deposit Village Vertical Banners $ 200 for 2 weeks $ 500 Saratoga – Prospect Center $ 300 per week $ - Traffic Medians $ 30 for 2 weeks $ - Banners restricted to non-profit groups advertising events, with priority to local Saratoga organizations Community Garden Plot Rental Seniors 55 and over Annual Plot Rental $ 85 per year $ 60 per year Annual Water Fees $ 175 per year $ 175 per year Park Attendant Fee $ 200 flat fee ELECTRIC VEHICLE CHARGING STATION FEES EV Charging Fee Regular Station $ 1.25 per hour usage DC Fast Charge Station $ 9.95 per hour usage ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ CODE REFERENCE ~ 32 CODE SECTION SUBJECT §9-55.060 Abandoned Vehicles §3-30.070 Administrative Citation Civil Fines, Late Charges §15-05.070 Annexation §15-90.030 Appeals - Planning §2-05.030 Appeals to City Council §15-05.070 Application for Approval of Accessory Structure §15-05.070 Application for Approval Satellite Dish Antenna §15-05.070 Application for Construction Trailer Permit §15-05.070 Application for Design Review and Administrative Review §15-05.070 Application for Election to Amend the General Plan §15-05.070 Application for Fencing Enclosure Exception Approval Permit §14-05.050 Application for Lot Line Adjustment §14-05.050 Application for Merger of Parcels §14-05.050 Application for Reversion To Acreage §15-05.070 Application for Sign Permit §15-05.070 Application for Sound Wall Permit §15-05.070 Application for Storage Permit §14-05.050 Application for Tentative Map Subdivision Approval §15-05.070 Application for Tree Removal §15-05.070 Application for Use Permit §15-05.070 Application for Variance §14-05.0550(b); §15-05.070 Arborist Review §16-05.030 Building Permits §4-05.130; §4-06.020-140 Business Licenses §00000000 Card Games Permit §14-05.050 Certificate of Compliance §4-10.010(c) Circuses, Carnivals Permit §00000000 City Attorney Hourly Billing Rate §4-06.080 Commercial Photography §00000000 Community Development Additional Fees §00000000 Community Development Staff Hourly Billing Rate §4-06.030 Contractors/Subcontractors §00000000 Document Technology Fee §16-05.030 Electrical Permits §10-20.080(a) Encroachments Permit §16-05.030 Energy Calculation Review Fees §14-05.050(a)(3); §15-05.070 Environmental Review §4-06.050 Escort Services or Bureaus §15-05.070 Extension of Approved Application §16-10 False Alarm §4.30.030(b); §4.30.060 Firearms Permit ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ CODE REFERENCE ~ 33 CODE SECTION SUBJECT §§7-05.200; §7-05.210 Garbage Disposal Charge §15-05.070 General Plan Amendment §15-05.070 General Plan Amendment Requiring Election §00000000 General Plan Maintenance §14-05.050(a)(5); §15-05.070 Geotechnical Review §16-05.030 Grading Permit §16-05.030 Grading Plan Check Fee §000000000 Handbill Distribution §16-05.030 Heating and Air Conditioning Permits §13-25.010 Heritage Preservation §4-06.070 Home Occupation §14-05.050(a)(6) Improvement Plan Check Fee §14-05.050(a)(7) Inspection Fee for Subdivision and Building Site Improvements §00000000 Landscape Bond Acceptance Fee §14-50.060 (c)(5) Lot Line Adjustment Engineering Fee §10-15.020(a) Major Repairs or Capital Improvements by Utility Agencies §14-05.050(a)(8) Map Checking Fee §4-55.050(c); §4-55.080(f)(1); §4-55.090(e) Massage Establishments Permit §15-05.070 Modification of Approved Application §4-60.050(b) Motion Picture Filming Permit §00000000 Noise Exception Permit §00000000 Notary Fee §00000000 Noticing Fee §16-05.030 Occupancy Inspections §15-05.070 Off-Site Improvement Review §9-45.040 Off-Street Vehicles §16-05.030 Other Inspection Fees §15-05.070 Other Special Reports or Studies §11-10.020(c) Park and Facility Rental §14-05.050(a)(10) Park Development Fee §4-50.030(b; §4-50.060 Peddlers and Solicitors Permit §10-15.020(a) Pipes, Drains and Conduits Permit §00000000 Plan Submittal orientation §00000000 Planning Process orientation Class §16-05.030 Plumbing Permits §4-20.040(b); §4-20.050; §4-20.090 Private Patrols Permit §4-06.130 Property Leasing, Residential §00000000 Provide Property Profile §00000000 Public Dances Permit §00000000 Public Works Additional Fees §4-65.060; §4-65.030(5)(b) Recyclers Permit ATTACHMENT-B CITY OF SARATOGA FEE SCHEDULE ~ CODE REFERENCE ~ 34 CODE SECTION SUBJECT §15-05.070 Request for Continuance §00000000 Research Fee §00000000 Return Check Fee §10-15.020(a) Routine O and M Work by Utility Agencies §4-35.040(b); §4-35.070 Secondhand Dealers Permit §15-30.190(d) Sign Retrieval Fee §10-10.030(c) Special Events Permit §00000000 Staff Review Codes Questions/ Project Review §00000000 Taxicabs Permit §14-05.050(b) Traffic and Economic Studies §00000000 Tree Appeal Arborist Review §9-40.080(b) Trucks Permit §10-15.020(a) Utility Service Connections Permit §4-80.050(b) Valet Parking Permit §4-06.120 Vending Machines §15-14.010 Water Efficient Landscaping Review §00000000 Williamson Act Contract Cancellation §15-05.070 Zoning ordinance Amendment For detailed information, log on to www.municode.com/library/ca/saratoga/codes/code_of_ordinances ATTACHMENT-B ATTACHMENT-B Attachment-C FY 16/17 Total Credit Card Activity FY 16/17 Credit Card Activity – Recreation FY 16/17 Credit Card Activity – Net Processing Costs FY 17/18 Credit Card Activity – Net Processing Costs FY 16/17 Credit Card Activity – Using Current Year Processing Rate Projected Savings - $20,829 Credit Card Number Average Revenue Revenue Perc Trans Trans Community Development 2,116,739 157,337 7.43%436 361 Recreation 1,012,314 439,444 43.41%2,349 187 Total 3,129,053$ 596,781$ 19.07%2,785 214$ Credit Card Number Average Revenue Perc Trans Trans Recreation - Counter 237,565 54.06%1,253 190 Recreation - Online 201,879 45.94%1,096 184 Total 439,444$ 2,349 187$ A B (B/A)C B-C (C/A) Credit Card Fees Fees Net Net Revenue Paid Perc Collected Cost Perc Community Development 157,337 10,629 6.76%4,491 6,139 3.90% Recreation - Counter 237,565 15,668 6.60%- 15,668 6.60% Recreation - Online 201,879 13,151 6.51%2,048 11,103 5.50% Total 596,781$ 39,448$ 6.61%6,539$ 32,909$ 5.51% A B (B/A)C B-C (C/A) Credit Card Fees Fees Net Net Revenue Paid Perc Collected Cost Perc Community Development 71,431 2,442 3.42%2,081 361 0.51% Recreation - Counter 48,624 1,533 3.15%- 1,533 3.15% Recreation - Online 49,545 1,316 2.66%676 640 1.29% Total 169,600$ 5,291$ 3.12%2,757$ 2,535$ 1.49% A B (B/A)C B-C (C/A) Credit Card Fees Fees Net Net Revenue Paid Perc Collected Cost Perc Community Development 157,337 4,909 3.12%4,491 418 0.27% Recreation - Counter 237,565 7,412 3.12%- 7,412 3.12% Recreation - Online 201,879 6,298 3.12%2,048 4,250 2.11% Total 596,781$ 18,619$ 3.12%6,539$ 12,080$ 2.02%