HomeMy WebLinkAbout12-06-2017 City Council Agenda PacketSaratoga City Council Agenda – Page 1 of 7
SARATOGA CITY COUNCIL
REGULAR MEETING
DECEMBER 6, 2017
6:00 P.M. JOINT MEETING
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
AGENDA ITEMS:
Joint Meeting with San Jose Animal Care & Services
Discussion Topics
7:00 P.M. REORGANIZATION
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 November 30, 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.
AGENDA ITEMS
Remarks from Outgoing Mayor
Recommended Action:
Hear remarks from outgoing Mayor Emily Lo, members of the City Council, and public.
Appointment of Mayor & Vice Mayor
Recommended Action:
Appoint Mayor and Vice Mayor:
1) City Clerk declares the offices of Mayor and Vice Mayor to be vacant;
2) Nomination of the Mayor;
3) Administer Oath of Office to New Mayor;
4) Nomination of the Vice Mayor; and
5) Administer Oath of Office to New Vice Mayor.
Saratoga City Council Agenda – Page 2 of 7
Staff Report
Attachment A - Resolution 10-002 Mayoral Rotation Policy
Remarks from New Mayor and New Vice Mayor
Recommended Action:
Hear remarks from newly appointed Mayor and Vice Mayor, members of the City Council,
and public.
REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
ANNOUNCEMENTS
CEREMONIAL ITEMS
Commendations for Outgoing City Commissioners
Recommended Action:
Read and present commendations.
Staff Report
Attachment A - Commendation for Larry Schuck
Attachment B - Commendation for John Chen
Appointment of Commissioners & Oath of Office
Recommended Action:
Approve the attached resolution appointing 1 member to the Heritage Preservation
Commission and 3 members to the Traffic Safety Commission; and direct the City Clerk to
administer the Oath of Office.
Staff Report
Attachment A Resolution of Appointment
Attachment B Oaths of Office
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on November 15,
2017.
Staff Report
Attachment A – Minutes for the Regular City Council Meeting on November 15, 2017
Saratoga City Council Agenda – Page 3 of 7
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
11/14/2017 Period 5; 11/21/2017 Period 5; and 11/28/2017 Period
5.
Staff Report
Check Register - 11-14-2017 Period 5
Check Register - 11-21-2017 Period 5
Check Register - 11-28-2017 Period 5
1.3. Treasurer’s Report for the Month Ended October 31, 2017
Recommended Action:
Review and accept the Treasurer’s Report for the month ended October 31, 2017.
Staff Report
1.4. City Council Norms Update
Recommended Action:
Adopt a resolution amending the City of Saratoga City Council Norms of Operations
Section 5.A Seating Arrangement of the City Council.
Staff Report
Attachment A - Resolution Amending the City Council Norms of Operation
Attachment B - Proposed Changes to City Council Norms of Operation
1.5. Final map approval for two lots located on Mt. Eden Road (APN 503-13-127 & 128)
Owners: Fred & Chris Irany and Robert & Jonlyn Karr
Recommended Action:
1. Move to adopt Resolution granting final map approval of tentative map application
No. SUB 10-0001 for two lots located on Mt. Eden Road (APN 503-13-127 & 503-13-
128).
2. Move to authorize the City Manager to execute the Subdivision Improvement
Agreement.
Staff Report
Attachment A - Site Map
Attachment B - Parcel Map
Attachment C - Resolution Granting Final Map Approval
Attachment D - Planning Commission Resolution No. 13-025 Approving the Tentative Map
with Conditions
Attachment E - Subdivision Improvement Agreement
1.6. Final Acceptance of Subdivision Dedication – Subdivision Application No. SUB08-
0002 Quito Road
Recommended Action:
1. Move to accept offers of dedication within the Subdivision SUB08-0002.
Saratoga City Council Agenda – Page 4 of 7
2. Move to adopt the resolution rescinding the previously rejected Offers of Dedications
and accepting dedication of streets or portions of streets and trails within Subdivision
SUB08-0002 which includes incorporating the sidewalk and curb and gutter along a
portion of Quito Road into the City’s publicly maintained street system.
Staff Report
Attachment A - Resolution Accepting Offers of Dedication for Subdivision SUB08-0002
Attachment B - Parcel Map of Subdivision SUB08-0002
Attachment C - City Council Resolution No. 14-020
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. During Public Hearings for appeals, Applicants/Appellants and/or their
representatives have a total of ten (10) minutes maximum for opening statements. Members
of the public may comment on any item for up to three (3) minutes. The amount of time for
public comment may be reduced by the Mayor or by action of the City Council. After public
comment, the Applicant/Appellants and/or their representatives have a total of five (5)
minutes maximum for closing statements. Items requested for continuance are subject to the
City Council's approval at the Council Meeting.
2.1. Proposed Modifications to the Sign Ordinance (Article 15-30) regarding lighting on
signs and enforcement of the prohibition of off-site signs in the public right of way.
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.
Staff Report
Attachment 1 - Draft Ordinance
Attachment 2 - Signed Planning Commission Resolution No. 17-028
2.2. Annual Code Update for 2017
Recommended Action:
Conduct the public hearing, introduce and waive the first reading of the attached ordinance
updating various provisions of the City Code and rescinding and issuing the final report on
the Marijuana Cultivation Urgency Interim Ordinances, and direct staff to place the matter
on the consent calendar for the next regular meeting of the City Council.
Staff Report
Attachment A - 2017 Annual Code Update Ordinance
Attachment B - Government Code Section 65858(d) Final Written Report for Ordinance Nos.
343 and 343A
Saratoga City Council Agenda – Page 5 of 7
3. GENERAL BUSINESS
3.1. Approve Contract with BKF Engineers for 90% design of the Guava Court Pedestrian
Railroad Crossing in the amount of $135,380
Recommended Action:
Approve and authorize the City Manager to execute a contract with BKF Engineers for 90%
design of the Guava Court Pedestrian Railroad Crossing in the amount of $135,380.
Staff Report
Attachment - Contract of 90% Design with BKF Engineers
3.2. Public Safety Task Force Funding Requests & Fundraising Plan
Recommended Action:
Consider request from the Public Safety Task Force to: 1) allocate funds for various Public
Safety Task Force work plan items; and 2) approve a fundraising plan for the Saratoga
Safety Fair.
Staff Report
Attachment A – Public Safety Task Force Work Plan
Attachment B – Saratoga Safety Fair Fundraising Plan
3.3. Review of City Council Assignments
Recommended Action:
Review the list of City Council assignments and provide direction on changes to items
included in the assignments.
Staff Report
Attachment A - City Council Assignment Descriptions
Attachment B - Current City Council Assignments
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 6 of 7
Council Member Manny Cappello
Cities Association of Santa Clara County
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Sanitation District
Council Member Howard Miller
America in Bloom Committee
Saratoga Ministerial Association
Silicon Valley Clean Energy Authority Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
Council Member Rishi Kumar
Saratoga Chamber of Commerce & Destination Saratoga
Saratoga Sister City Organization
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Santa Clara Valley Water District Commission
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Nora Pimentel, CMC, 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 November 30, 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 30th day of NOVEMBER 2017 at Saratoga, California.
Nora Pimentel, CMC, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us.
Any materials distributed by staff after the posting of the agenda are made available for public
review at the office of the City Clerk at the time they are distributed to the City Council. These
materials are also posted on the City website.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at 408.868.1269. Notification 24 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting. [28 CFR 35.102-35.104 ADA title II]
Saratoga City Council Agenda – Page 7 of 7
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
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2017
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with San Jose Animal Care & Services
December 6, 2017 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m.Welcome & Introductions
6:15 p.m.San Jose Animal Care & Services
Updates: Year End Summary, Saratoga
Calls for Service, Services Provided, San
Jose Animal Care & Services Needs
6:45 p.m.Other Remarks & Wrap-up
Dinner will be provided at the Joint Meeting.
The Regular Session of the City Council begins at 7:00 p.m. in the Civic
Theater. Joint Meeting attendees are invited to attend the Regular Session
and share an overview of the Joint Meeting.
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SARATOGA CITY COUNCIL
MEETING DATE:December 6,2017
DEPARTMENT:City Manager’s Office
PREPARED BY:Nora Pimentel, City Clerk
SUBJECT:Appointment of Mayor & Vice Mayor
RECOMMENDED ACTION:
Appoint Mayor and Vice Mayor:
1)City Clerk declares the offices of Mayor and Vice Mayor to be vacant;
2)Nomination of the Mayor;
3)Administer Oath of Office to New Mayor;
4)Nomination of the Vice Mayor; and
5)Administer Oath of Office to New Vice Mayor.
BACKGROUND:
California Government Code Section 36801 states that the Mayor and Vice Mayor of general law
cities are to be selected by a majority vote of the City Council. Each December, the Council
conducts a reorganization to select a Mayor and Vice Mayor to serve a one-year term.
To commence the reorganization, the City Clerk will declare the Offices of Mayor and Vice Mayor
vacant. The City Clerk will open nominations for the Office of Mayor, close nominations, then
call for the vote. Following the vote, the oath of office will be administered to the Mayor. The new
Mayor will then open and close nominations for the Office of Vice Mayor and the oath of office
will be administered to the Vice Mayor. After the Mayor and Vice Mayor have taken the oath of
office, the Council will adjourn the Reorganization for a reception in the Civic Theater Lobby.
Following the reception, the City Council conduct the Regular Session in the Civic Theater.
In January 2010, the City Council adopted Resolution 10-002 to establish a rotation policy of the
Mayor and Vice Mayor. The policy is attached.
ATTACHMENTS:
Attachment A -Resolution 10-002 Mayoral Rotation Policy
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8
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SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:City Manager’s Office
PREPARED BY:Nora Pimentel, City Clerk
SUBJECT:Commendations for Outgoing City Commissioners
RECOMMENDED ACTION:
Read and present commendations.
BACKGROUND:
Attached are commendations recognizing the contributions and achievements of outgoing Heritage
Preservation Commissioner Larry Schuck, and Traffic Safety Commissioner John Chen.
ATTACHMENTS:
Attachment A –Commendation for Larry Schuck
Attachment B –Commendation for John Chen
10
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
LARRY SCHUCK
FOR HIS SERVICE ON THE SARATOGA
HERITAGE PRESERVATION COMMISSION
WHEREAS, Larry Schuck served on the Heritage Preservation Commission since
April 2013; and
WHEREAS, Larry served as Vice Chair from September 2014 through July 2015
and as Chair from August 2015 through June 2016; and
WHEREAS, Larry was instrumental in reviewing applications as the
Architectural/Building Professional; and
WHEREAS, Larry participated in the process of creating and implementing the Point
of Interest Marker Program; and
WHEREAS, Larry participated and provided recommendations for the Village
Specific Plan; and
WHEREAS, Larry utilized his professional construction intellect and passion to
assist in providing guidance regarding the preservation of historic structures;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
does hereby extend its sincere appreciation and gratitude to Larry Schuck for his dedicated
service and contributions to the City of Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th
day of December 2017.
Mayor
City of Saratoga
11
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
JOHN CHEN
FOR HIS SERVICE ON THE SARATOGA TRAFFIC SAFETY COMMISSION
WHEREAS,John Chen served as a City of Saratoga Public Safety Commissioner
and Traffic Safety Commissioner from January 1, 2015 to December, 2017; and
WHEREAS,the Traffic Safety Commission investigates, reviews, and analyzes
traffic safety issues raised by community members and provides a venue for the public to
express concerns regarding traffic safety issues; and
WHEREAS,John and the other members of the Traffic Safety Commission approved
traffic calming plans for the Arroyo De Arguello Neighborhood, Allendale Avenue, and
Sobey Road; and
WHEREAS, John served as the Vice Chair of the Traffic Safety Commission in
2016; and
WHEREAS,as Vice Chair of the Traffic Safety Commission, John led the
Commission’s efforts to improve public safety in Saratoga by developing an outreach plan
on how to educate residents about crime prevention and exploring neighborhood watch
opportunities; and
WHEREAS,John maintained a calm leadership during his time with the Traffic
Safety Commission, gave the public the opportunity to have a voice in traffic safety matters
and demonstrated empathy for residents requesting for traffic safety solutions;
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga
does hereby extend its sincere appreciation and gratitude to John Chen for his dedicated
service and contributions to the City of Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th
day of December 2017.
Mayor
City of Saratoga
12
SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:City Manager’s Office
PREPARED BY:Nora Pimentel, City Clerk
SUBJECT:Appointment of Commissioners & Oath of Office
RECOMMENDED ACTION:
Approve the attached resolution appointing 1 member to the Heritage Preservation Commission
and 3 members to the Traffic Safety Commission; and direct the City Clerk to administer the Oath
of Office.
BACKGROUND:
In July 2017, the City opened the recruitment for two full terms on the Heritage Preservation
Commission. At the same time, the City also started accepting applications for two full terms on
the Traffic Safety Commission. During the recruitment, Traffic Safety Commissioner John Chen
announced his resignation effective December 31, 2017. Consequently, the City expanded the
recruitment to fill the remainder of the unexpired term. Applications were accepted until
November 7, 2017. A total of 2 applications were received for the Heritage Preservation
Commission and 7 applications were received for the Traffic Safety Commission, one Heritage
Preservation Commission applicant withdrew on the day of the interviews. Interviews were
conducted on November 15, 2017.
The City Council selected the following applicants to serve on the two Commissions:
Name Commission Term
Annette Stransky Heritage Preservation January 1, 2018 –December 31, 2021
Belal Altaf Traffic Safety January 1, 2018 –December 31, 2018
Mitch Kame Traffic Safety January 1, 2018 –December 31, 2021
David McIntyre Traffic Safety January 1, 2018 –December 31, 2021
ATTACHMENTS:
Attachment A –Resolution of Appointment
Attachment B –Oaths of Office
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RESOLUTION NO. 17-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING MEMBERS TO THE SARATOGA HERITAGE PRESERVATION AND
TRAFFIC SAFETY COMMISSION
WHEREAS, 2 vacancies were created on the Heritage Preservation Commission from the expired
terms of Annette Stransky and Larry Schuck who were both eligible for reappointment;
WHEREAS, 2 vacancies were created on the Traffic Safety Commission from the expired terms
of Mitch Kane and David McIntyre, who were both eligible for reappointment, and a third seat became
vacant due Commissioner John Chen’s resignation;
WHEREAS, the City announced the vacancies in July 2017, accepted applications until
November 7, 2017 and the City Council conducted interviews on November 15, 2017.
NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following
individuals are appointed to the following terms:
Name Commission Term
Annette Stransky Heritage Preservation January 1, 2018 – December 31, 2021
Belal Aftab Traffic Safety January 1, 2018 – December 31, 2018
Mitch Kane Traffic Safety January 1, 2018 – December 31, 2021
David McIntyre Traffic Safety January 1, 2018 – December 31, 2021
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 6
th day of December 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Attest:
Nora Pimentel, City Clerk
14
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Annette Stransky, do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance
to the Constitution of the United States and the Constitution of the State of
California; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Annette Stransky, Member
Heritage Preservation Commission
Subscribed and sworn to before me on
this 6th day of December 2017.
Nora Pimentel, CMC
City Clerk
15
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Belal Altaf, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance
to the Constitution of the United States and the Constitution of the State of
California; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Belal Aftab, Member
Traffic Safety Commission
Subscribed and sworn to before me on
this 6th day of December 2017.
Nora Pimentel, CMC
City Clerk
16
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Mitch Kane, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance
to the Constitution of the United States and the Constitution of the State of
California; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Mitch Kane, Member
Traffic Safety Commission
Subscribed and sworn to before me on
this 6th day of December 2017.
Nora Pimentel, CMC
City Clerk
17
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, David McIntyre, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance
to the Constitution of the United States and the Constitution of the State of
California; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
David McIntyre, Member
Traffic Safety Commission
Subscribed and sworn to before me on
this 6th day of December 6, 2017.
Nora Pimentel, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:City Manager’s Office
PREPARED BY:Nora Pimentel, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on November 15, 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 November 15, 2017
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Saratoga City Council Minutes – Page 1 of 6
MINUTES
WEDNESDAY, NOVEMBER 15, 2017
SARATOGA CITY COUNCIL REGULAR MEETING
At 4:30 p.m., the City Council held a Study Session at 13777 Fruitvale Avenue in the
Administrative Conference Room to consider reinstatement of a Youth Commissioner, upon
consensus Ms. Holly Cunningham was reinstated to serve on the Youth Commission.
At 4:45p.m., the City Council held interviews at 13777 Fruitvale Avenue in the Administrative
Conference Room to fill 2 terms on the Heritage Preservation Commission and 3 terms on the
Traffic Safety Commission. The Council selected Annette Stransky to fill a term beginning
January 1, 2018 and ending on December 31, 2021 on the Heritage Preservation Commission.
The Council selected Belal Aftab to fill the unexpired term beginning January 1, 2018 and
ending December 31, 2018 on the Traffic Safety Commission, and selected incumbents Mitch
Kane and David McIntyre to the Traffic Safety Commission each to fill a term beginning
January 1, 2018 and ending December 1, 2021.
Immediately following the Commission interviews the Council held a Study Session at 13777
Fruitvale Avenue in the Administrative Conference Room to discuss City Council Norms seating
arrangements. The Council directed staff to prepare an update to the Norms that allows the
seating at the dais to be determined at the Mayor’s discretion.
At 6:00 p.m. the Council held a Joint Meeting with Assembly Member Evan Low. Assembly
Member Low provided the Council with a legislative overview and information about grant
funding.
At 7:05p.m., Mayor Lo called the Regular Sessionto order in the Civic Theater, Council Chambers
at 13777 Fruitvale Avenue in Saratoga and led the Pledge of Allegiance.
ROLL CALL
PRESENT:Mayor Emily Lo, Vice Mayor Mary-Lynne Bernald, Council
Members Manny Cappello, Howard Miller, Rishi Kumar
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Deputy City Manager
Nora Pimentel, City Clerk
Mary Furey, Finance & Administrative Services Director
John Cherbone, Public Works Director
Michael Taylor, Recreation Director
Kayla Nakamoto, Recreation Coordinator
REPORT ON POSTING OF THE AGENDA
City Clerk Nora Pimentel reported that the agenda for this meeting was properly posted on
November 9, 2017.
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Saratoga City Council Minutes – Page 2 of 6
REPORT FROM JOINT MEETING
Mayor Lo reported on the Joint meeting which was held with Assembly Member Evan Low.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Council Member Rishi Kumar reported attending a California Public Utilities Commission hearing
regarding the rate of return on San Jose Water Company.
ANNOUNCEMENTS
Mayor Lo announced the following: dedication and unveiling of the Willys & Betty Peck
Blessing Bench; City Food and Toy Drive; Silicon Valley Turkey Trot; Thanksgiving Interfaith
Service; Annual Tree Lighting and Wine Stroll; Celebration of Light; expansion of Saratoga
Library hours; and KSAR event filming services.
CEREMONIAL ITEMS
Commendation for Mary Ellen Fox and Mike Fox, Sr.
Recommended Action:
Present the commendation to Mary Ellen Fox and Mike Fox, Sr.
Mayor Lo and the City Council presented the commendation to Mary Ellen Fox and Mike
Fox, Sr.
Commendation for 50th Anniversary of the Valle Monte League’s Christmas Tree Elegance
Recommended Action:
Present the commendation to representatives of the Valle Monte League.
Mayor Lo and the City Council presented the commendation for the 50th Anniversary of the
Valle Monte League’s Christmas Tree Elegance.
Certificate for House Family Vineyards
Recommended Action:
Present the certificate to David House of House Family Vineyards.
Mayor Lo and the City Council presented the certificate of recognition to David House of
House Family Vineyards.
Certificates for Saratoga Award-Winning Businesses
Recommended Action:
Present the certificates to the award-winning businesses of Saratoga.
Mayor Lo and City Council presented the certificate of recognition to Jose Andrade for his
award winning business.
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Saratoga City Council Minutes – Page 3 of 6
Commendation for John Ku
Recommended Action:
Present the commendation to John Ku.
Mayor Lo and the City Council presented the commendation to John Ku.
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on November 1,
2017.
CAPPELLO/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE REGULAR CITY COUNCIL MEETING ON NOVEMBER 1, 2017.
MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
10/31/2017 Period 4; and 11/07/2017 Period 5.
CAPPELLO/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 10/31/2017 PERIOD 4;
AND 11/07/2017 PERIOD 5.MOTION PASSED. AYES: LO, BERNALD, CAPPELLO,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended September 30, 2017
Recommended Action:
Review and accept the amended Treasurer’s Report for the month ended September 30,
2017.
CAPPELLO/BERNALD MOVED TO ACCEPT THE AMENDED TREASURER’S
REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2017. MOTION PASSED.
AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.4. Memorandum of Understanding with Santa Clara County Accepting FEMA Hazard
Mitigation Performance Grant Funding
Recommended Action:
Adopt a Resolution approving an MOU accepting FEMA Hazard Mitigation Performance
Grant funding for up to $50,859
RESOLUTION NO. 17-060
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Saratoga City Council Minutes – Page 4 of 6
CAPPELLO/BERNALD MOVED TO ADOPT A RESOLUTION APPROVING AN
MOU ACCEPTING FEMA HAZARD MITIGATION PERFORMANCE GRANT
FUNDING FOR UP TO $50,859.MOTION PASSED. AYES: LO, BERNALD,
CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.5. Resolution to adopt a list of projects funded by SB 1: The Road Repair and
Accountability Act for funding the Annual Roadway Improvements Project.
Recommended Action:
Adopt Resolution to adopt a list of projects funded by SB 1: The Road Repair and
Accountability Act for funding the Annual Roadway Improvements Project.
RESOLUTION NO. 17-061
CAPPELLO/BERNALD MOVED TO ADOPT A RESOLUTION ADOPTING A LIST
OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY
ACT FOR FUNDING THE ANNUAL ROADWAY IMPROVEMENTS.MOTION
PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
2.PUBLIC HEARING
None
3.GENERAL BUSINESS
3.1. Youth Commission Fundraising Plan
Recommended Action:
Approve the Youth Commission to Fundraising Fund to collect donations and seek
sponsorship of various Youth Commission events and activities.
Kayla Nakamota, Recreation Coordinator, presented the staff report.
Mayor Lo invited public comment on this item.
No one requested to speak.
MILLER/BERNALD MOVED TO ADOPT THE YOUTH COMMISSION
FUNDRAISING PLAN AND PROVIDED ADDITIONAL DIRECTION THAT THE
YOUTH COMMISSION PREPARE A FUNDRAISING PLAN ANNUAL WITH
MORE DETAIL ABOUT POTENTIAL SPONSORS AND SPONSOR
RECOGNITION.MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Mayor Emily Lo
KSAR Community Access TV Board – met yesterday and will continue to cover contracted
services, the next one is the tree lighting event. KSAR is spreading the word about their
professional services to cover private events. The Board is investigating the possibility to change
the Board’s meeting time.23
Saratoga City Council Minutes – Page 5 of 6
Santa Clara County Library Joint Powers Authority – Mayor Lo was not able to attend the
meeting, but reported that there was a discussion that will carry over to next year about the
renovation options for the building next door that was purchased in 2011.
West Valley Mayors and Managers – there was a general wrap up meeting for 2017 with a look
at future things to come. Next year, Saratoga’s Mayor will be the chair.
Vice Mayor Mary-Lynne Bernald
Saratoga Historical Foundation – will meet tomorrow.
South Flow Arrivals Ad Hoc Committee – will have their first meeting on November 17.
West Valley Solid Waste Management Joint Powers Authority – there have been a significant
number of missed garbage pickups, including double missed pickups, that resulted in financial
penalties for the garbage company. Steps are being taken to enhance customer service.
Council Member Manny Cappello
Cities Association of Santa Clara County – met last week and voted for the new leadership on
the Executive Board. Assemblyman Evan Low presented on legislative updates, and there was a
presentation on marijuana regulations and best practices.
Saratoga Area Senior Coordinating Council (SASCC)– the Senior Center celebrated the 30
th
anniversary of the Adult Care Center and held an annual Veterans Day event.
Council Member Howard Miller
Saratoga Ministerial Association – met today and there was discussion about the Thanksgiving
Day Interfaith Service, Celebration of Light, and a discussion to assess where the individual
clergy members stand on the sensible fire arms safety proposals. There was also discussion on
Living Room Conversations program and relief efforts for the fire victims in Sonoma and Napa
Counties.
Silicon Valley Clean Energy Authority Board of Directors – the Board may have identified the future
CEO and have entered into negotiations with the candidate. The City of Milpitas has
unanimously approved to join the Silicon Valley Clean Energy.
Valley Transportation Authority (VTA) Policy Advisory Committee – at the last meeting, the
Committee recommended that the VTA Board adopt a shuttle policy that would allow
commercial shuttles to use VTA bus stops and transit centers within the community. The
Saratoga Transit Center was suggested as a location for a pilot program.
VTA State Route 85 Corridor Policy Advisory Board – will meet on November 20.
Council Member Rishi Kumar
Saratoga Chamber of Commerce & Destination Saratoga – during the last Chamber meeting,
Council Member Kumar provided relevant updates to the Chamber via phone.
Santa Clara County Expressway Plan 2040 Policy Advisory Board – had a meeting scheduled
for September, which was moved out due to a change to the Board. The County Board of
Supervisors created a Comprehensive County Expressway Planning Study Policy Advisory
Board.
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
There was no report.24
Saratoga City Council Minutes – Page 6 of 6
Mayor Lo announced that the City Council would proceed to the City Hall Administrative
Conference Room for Study Session.
STUDY SESSION
Review of City Council Strategic Goals.
Recommended Action:
Review the City Council’s strategic goals and objectives and provide direction to staff on any
changes.
The consensus of the City Council was to make the following changes under the City Leadership
goal: add additional language to read “Proactive communication and engagement with the
public;” and “Provide excellent customer service” under City Leadership Objective A; add
language under City Leadership Objective B to read, “Establish and observe City Council Norms
of Operation;” revise the first three bullets under City Leadership Objective C to read, “Maintain
a culture of stewardship and accountability,” “Develop and maintain human capital,” and
“Measure organizational effectiveness;” add language under City Leadership Objective D to read
“Create documented, fair and transparent processes;” add the word “support” to the second bullet
under City Leadership Objective E to read “Support City sponsored community events;” revise
the second to the last bullet under City Leadership Objective E to read “Support community
based organizations;” add language under City Leadership Objective F to read “Seek
opportunities for public art partnerships.”
The City Council further agreed to make the following changes to Fiscal Stewardship goal: add
language under Fiscal Stewardship Objective A to read “Anticipate economic uncertainties
inclusive of CalPERS;” add language to Fiscal Stewardship Objective C to read “Limit use of
public debt financing;” add the word” conservative” to the second bullet under Fiscal
Stewardship Objective E to read “ Develop and adopt conservative balance budgets;” reword the
second to the last bullet under Fiscal Stewardship Objective F to read “Support organizations that
promote economic development in the City.”
The City Council also agreed to the following change to the Community Heritage goal: remove
the first bullet under Community Heritage Objective A, which read “Create a historical
preservation general plan element;” add “Establish historic point of interest program” and
“Maintain a Heritage tree program” to Objective A; remove the word “semi-rural” and add the
words “and charm” to the second bullet under Community Heritage Objective B to read
“Maintain the small-town, residential atmosphere and charm;” modify the word “strength to
strengthen” in the last bullet under Community Heritage Objective B.
ADJOURNMENT
Mayor Lo adjourned the regular meeting at 9:45 p.m.
Minutes respectfully submitted:
Nora Pimentel, CMC
City Clerk, City of Saratoga 25
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:
11/14/2017 Period 5
11/21/2017 Period 5
11/28/2017 Period 5
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 #
11/14/17 134695 134740 46 686,094.34 11/14/17 11/07/17 134694
11/21/17 134741 134797 57 189,639.90 11/21/17 11/14/17 134740
Accounts Payable 11/28/17 134798 134813 16 6,931.13 11/28/17 11/21/17 134797
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
11/14/17 134696 General 36,425.81
11/14/17 134700 OCM 27,933.87
11/14/17 134706 PW 58,599.30
11/14/17 134715 Rec/Fac 22,798.00
11/14/17 134717 PS 443,278.42
11/21/17 134784 PW 60,997.79
11/21/17 134792 PW 29,188.00
Accounts Payable checks voided during this time period:
AP Date Check #Amount
09/05/17 134161 300.00
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Re-issue Check
Sierra Traffic Markings
CIP Streets Projects
CivicPlus
Musson Theatrical
Never Received Check
Status
School CrosswalkCIP Streets Projects
Landscape Projects
ABAG Plan Corporation
Law Enforcement
CIP Facilities Projects Theater LED Lights
SCC Office of the Sheriff
Worker's Comp Fund
CIP Admin Projects City Website
WC Insurance
Prior Check Register
Checks
Released
Total
Checks Amount
Accounts Payable
Starting Check #
Vista Landscape Various
Issued to
Ben Connors
Reason
General
SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:Finance & Administrative Services
Duran & Venables
Fund Purpose
Quito/Paseo Olivos
PREPARED BY:
Ending
Check #Type of Checks Date
Accounts Payable
26
27
28
29
30
31
32
33
34
35
36
37
SARATOGA CITY COUNCIL
MEETING DATE: December 6, 2017
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended October 31, 2017
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended October 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 October 31, 2017, the City had $329,656 in cash deposit at Comerica bank, and $18,474,894 on
deposit with LAIF. The City Council’s adopted policy on the Working Capital Reserve Fund states that
effective July 1, 2017: 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 October
31, 2017 is $18,804,550 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 October 31, 2017, the City’s
financial position (Assets $19.9M, Liabilities $2.8M and Fund Equity $17.1M) remains very strong and
there are no issues in meeting financial obligations now or in the foreseeable future.
Unrestricted Cash
Comerica Bank 329,656$
Deposit with LAIF 18,474,894$
Total Unrestricted Cash 18,804,550$
Cash Summary
38
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 18,804,550$
Plus: Assets 1,183,733
Less: Liabilities (2,863,530)
Ending Fund Balance 17,124,753$
Adjusting Cash to Ending Fund Balance
39
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Prior Year
Carryforward
7/1/17
Increase/
(Decrease)
Jul-Sep
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
10/31/17
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 distribution)2,229,800 (2,421,624) 1,291,410 1,430,369 1,530,000 (1,860,784)
General Fund Total 10,984,315 (2,421,624) 1,291,410 1,430,369 - 1,530,000 6,893,731
Special Revenue
Landscape/Lighting Districts 1,152,873 (28,497) 16,669 41,622 - - 1,099,423
Capital Project
Street Projects 2,168,309 (143,879) 29,275 375,640 1,634,000 600,000 2,712,064
Park and Trail Projects 481,868 (10,977) 100,000 32,635 400,000 - 938,256
Facility Projects 252,801 3,928 - - - - 256,729
Administrative Projects 687,313 (40,124) 103,088 8,900 76,000 - 817,378
Tree Fund Projects 67,995 425 - - 20,000 - 88,420
Park In-Lieu Projects 491,061 (3,052) - 3,364 - - 484,645
CIP Grant Street Projects 49,255 (57,077) - - - - (7,822)
CIP Grant Park & Trail Projects 12,809 - - - - - 12,809
Gas Tax Fund Projects 873,894 97,187 120,703 75,942 482,000 482,000 1,015,841
CIP Fund Total 5,085,305 (153,570) 353,065 497,466 2,612,000 1,082,000 6,317,335
Debt Service
Library Bond 959,322 (664,749) 3,471 3,250 - - 294,793
Internal Service Fund
Liability/Risk Management 504,481 (163,714) 850 15,288 - - 326,330
Workers Compensation 294,052 (37,919) 874 39,211 - - 217,797
Office Support Fund 109,806 (7,860) 858 5,280 - - 97,524
Information Technology Services 308,072 (113,589) 1,107 44,617 - - 150,973
Vehicle & Equipment Maintenance 176,906 (38,399) - 15,329 - - 123,177
Building Maintenance 454,606 (169,853) - 68,889 - - 215,864
Vehicle & Equipment Replacement 585,986 (3,148) - 1,049 - - 581,789
Technology Replacement 315,299 (2,511) - 5,001 - - 307,787
Facility FFE Replacement 498,369 - - 132 - - 498,237
Total City 21,429,391 (3,805,433) 1,668,303 2,167,503 2,612,000 2,612,000 17,124,753
40
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Prior Year
Carryforward
7/1/17
Increase/
(Decrease)
Jul-Sep
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
10/31/17
Street Projects
Annual Road Improvements 839,731 (5,456) 29,275 91,906 295,000 600,000 466,645
Roadway Safety & Traffic Calming 65,514 - - - 50,000 - 115,514
Highway 9 Safety Improvements - Phase IV 74,309 (7,883) - - - - 66,426
Prospect/Saratoga Median Improvement - - - - 600,000 - 600,000
Big Basin Way Turn Around - - - 11,436 50,000 - 38,564
Annual Infrastructure Maintenance& Repair 122,667 (30,643) - 53,275 200,000 - 238,749
Village Pedestrian Improvements - Phase II 875 - - - - - 875
EL Camino Grande Storm Drain Pump 247,508 (7,548) - 6,367 145,000 - 378,594
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 Acquisition 42,259 (395) - - - - 41,864
Damon Lane Retaining Wall 158,955 (1,039) - 208,471 200,000 - 149,444
Bainter Ave Retaining Wall 189,917 (90,915) - 4,187 - - 94,816
Underground Project 98,744 - - - - - 98,744
Total Street Projects 2,168,309 (143,879) 29,275 375,640 1,634,000 600,000 2,712,064
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 (6,453) 100,000 4,772 - - 228,323
Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997
Guava/Fredericksburg Entrance 21,356 - - 5,596 - - 15,760
Saratoga Village to Quarry Park Walkway - Design - - - - 50,000 - 50,000
Saratoga to Sea Trail - Construction 100,000 (4,524) - 22,267 250,000 - 323,208
Total Parks & Trails Projects 481,868 (10,977) 100,000 32,635 400,000 - 938,256
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 - Electric Vehicle Fast Charging Station 33,301 - - - - - 33,301
Total Facility Projects 252,801 3,928 - - - - 256,729
Administrative and Technology Projects
Combined Document Imaging Project 25,230 - - - - - 25,230
City Website/Intranet 81,717 (27,934) - 8,900 - - 44,883
Development Technology 63,171 (10,906) 3,088 - - - 55,353
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 - 100,000 - - - 322,606
Village Façade Program 15,751 - - - - - 15,751
Village Specific Plan Update 89,023 (1,284) - - - - 87,738
Risk Management Project Funding 104,412 - - - 50,000 - 154,412
CIP ADMIN - UNALLOCATED - - - - - - -
Total Administrative and Technology Projects 687,314 (40,124) 103,088 8,900 76,000 - 817,378
41
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Prior Year
Carryforward
7/1/17
Increase/
(Decrease)
Jul-Sep
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
10/31/17
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 67,995 425 - - 20,000 - 88,420
CIP Grant Street Projects
Highway 9 Safety Improvements - Phase IV - (54,026) - - - - (54,026)
Prospect/Saratoga Median Improvement (40) - - - - - (40)
Citywide Signal Upgrade II (965) - - - - - (965)
Saratoga Ave Sidewalk 50,261 - - - - - 50,261
Quito Road Bridges - ROW Acquisition - (3,051) - - - - (3,051)
Total CIP Grant Street Projects 49,255 (57,077) - - - - (7,822)
CIP Grant Park & Trail Projects
Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 12,809 - - - - - 12,809
Park In-Lieu Projects
Magical Bridge Playground 128,000 - - - - - 128,000
Hakone Koi Pond Improvement - - - - 110,000 - 110,000
Quarry Park ADA Access 244,696 (3,052) - 3,364 - - 238,279
Unallocated Park In-Lieu Funds 118,365 - - - (110,000) - 8,365
Total park In-Lieu Projects 491,061 (3,052) - 3,364 - - 484,645
Gas Tax Fund Projects
Annual Roadway Improvements 488,313 103,162 120,703 44,021 - 482,000 186,156
Prospect/Saratoga Median Improvements 217,748 (5,975) - 806 482,000 - 692,967
Citywide Signal Upgrade II 99,759 - - - - - 99,759
Quito Road & Paseo Olivos Storm Drain 40,000 - - 31,115 - - 8,885
Big Basin Way Sidewalk Repairs 20,990 - - - - - 20,990
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 873,894 97,187 120,703 75,942 482,000 482,000 1,015,841
Total CIP Funds 5,085,305 (153,570) 353,065 497,466 2,612,000 1,082,000 6,317,335
42
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
43
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 1.07
Quarterly Apportionment Rates
Local Agency Investment Fund
44
SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:City Manager’s Office
PREPARED BY:Nora Pimentel, City Clerk
SUBJECT:City Council Norms Update
RECOMMENDED ACTION:
Adopt a resolution amending the City of Saratoga City Council Norms of Operations Section 5.A
Seating Arrangement of the City Council.
BACKGROUND:
On November 15, 2017, the City Council held a study session on the Council Norms of
Operation regarding the seating arrangement of the City Council. Staff was directed to prepare
an update to the Norms that allows the seating at the dais to be determined at the Mayor’s
discretion.
ATTACHMENTS:
Attachment A –Resolution Amending the City Council Norms of Operation
Attachment B –Proposed Changes to City Council Norms of Operation
45
RESOLUTION NO. 17-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY COUNCIL NORMS OF OPERATION
WHEREAS, the City Council adopted a policy establishing Norms of Operation for City
Council (“Council Norms”) in 2004 through City Council Resolution 04-007 and has updated the
Council Norms at various times since then; and
WHEREAS, during a study session on the City Council Norms of Operation on
November 15, 2017, the City Council directed staff to prepare an amendment to the City Council
Norms to allow the seating arrangement at the dais to be determined at the discretion of the
Mayor.
NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga
hereby amends the City Council Norms of Operation as shown in Attachment A to this
resolution and further resolves that the attached document shall supersede prior resolutions,
guidelines and understandings relating to the City Council Norms of Operation.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 6
th day of December 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
DATE:
Nora Pimentel, City Clerk
46
1
CITY OF SARATOGA
CITY COUNCIL NORMS OF OPERATION
(Updated via Resolution 17-, December 6, 2017)
Section 1. OPERATION OF CITY COUNCIL MEETINGS
A. City Council Meetings shall be run following the outline listed in Section 6.B. of this
document. Each item shall be introduced by the Mayor and heard in accordance with the
Rules of Parliamentary Procedure attached hereto as Exhibit A. The Mayor may place an
item anywhere on the agenda. During Council Items at a Regular Meeting, two City
Council members may request an item be placed on a future agenda.
B. In order to ensure that all members of the public have an opportunity to speak and that the
Council is able to complete its business, there will be a three-minute limitation on
comments by the public except for applicants and appellants at public hearings or as
otherwise provided by law. In order to effectively enforce this rule, the City Clerk will
monitor the time for each speaker with an electronic timer. If there are more than twenty
(20) identified speakers for one item at the beginning of the public comment period or
public hearing, the Mayor may adjust the three-minute time down to two minutes per
speaker.
C. Closed sessions of the City Council shall generally be conducted prior to the 7:00 p.m.
business portion of regular meetings. If necessary, Closed Sessions not completed prior to
the 7:00 p.m. business portion will be considered at the conclusion of the business portion
of the meeting, or as otherwise determined by the City Council. Special Council Meeting
may be called by the Mayor with proper public notice.
D. Members of Council should not engage in debate with a member of the public or staff at
Council meetings since these debates seldom resolve concerns and many times inflame
feelings at a public meeting. Any concerns by a member of Council over the behavior or
work of a City employee during a Council meeting should be directed to the City Manager
privately to ensure the concern is resolved.
E. Prior to the close of the public hearing or comment period Council Members may ask
questions of anyone in the audience. The public hearing and comment period are the
times for Council to receive evidence. Once the hearing or comment period is closed, the
Council deliberates based on that evidence. While Council may elect to re-open a
hearing or comment period (assume no prejudice to the rights of an applicant or
appellant) it should make every effort to get all the information it needs while the hearing
or comment period is still open. If the Council asks questions after the final presentation
of the applicant/appellant in a permit-related hearing the Council would need to provide
the applicant/appellant with an opportunity to rebut the answers to the questions. While
these rules need not apply as strictly to hearings where due process is less of an issue
(i.e., an ordinance amendment) a uniform set of rules for all public hearings and comment
periods is desirable.
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F. The Mayor may, with Council concurrence, schedule Council review of agenda items out
of their prescribed order on the printed agenda if a large number of the public are present to
speak on agenda item.
G. Persons in the audience will refrain from behavior which will disrupt the public meeting.
This will include making loud noises, clapping, shouting, booing, hissing or engaging in
any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the
meeting. Persons in the audience will refrain from creating, provoking or participating in
any type of disturbance involving unwelcome physical contact. Persons in the audience will
refrain from using cellular phones and/or pagers while the meeting is in session.
Appropriate attire, including shoes and shirts, are required in the Council Chambers and
other Council meeting rooms at all times. Persons in the audience will not place their feet
on the seats in front of them. No food, drink (other than bottled water with a cap), or
chewing gum will be allowed in the Council Chambers and other Council meeting rooms,
except as otherwise pre-approved by City staff. All persons entering the Council Chambers
and other Council meeting rooms, including their bags, purses, briefcases and similar
belongings, may be subject to search for weapons and other dangerous materials.
H. The City Council uses computers at the dais for agenda materials. Council members
should limit their use of computers to matters pertaining to the meeting and comply with
the City’s Electronic Communications Policy (for example, no e-mailing or other
communication during the meeting except in cases of family emergencies). In using
computers at the dais Council members should be respectful of their fellow Council
members, staff, and the public. Council members should not base decisions on
information acquired through the internet during a Council meeting unless the
information and its source is shared with the entire Council and the public as part of the
meeting before the decision is made.
Section 2. CITY COUNCIL RELATIONS WITH CITY STAFF
A. There shall be mutual respect from both staff and Council Members of their respective
roles and responsibilities when and if expressing criticism in public session.
B. City staff shall acknowledge the Council as policy makers and the City Council shall
acknowledge staff as administering the Council's policies.
C. All written requests for information or questions by City Council Members to staff shall be
directed to the City Manager, City Attorney, City Clerk, or Department Managers (with a
copy to the City Manager). All complaints should be submitted to the City Manager or, if a
complaint concerns the City Manager, to the City Attorney.
D. All written informational material requested by individual Council Members shall be
submitted by staff to all Council Members with the notation indicating which Council
Member requested the information.
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E. Council shall not attempt to coerce staff in the making of appointments, the awarding of
contracts, the selection of consultants, the processing of development applications, the
granting of City licenses or permits. The Council shall not attempt to change or interfere
with the operating policies and practices of any City department.
F. Mail, including email, that is addressed to the Mayor and City Council shall be circulated
by the City Clerk to the City Council. If the communication warrants a response, the
Mayor's response, in addition to the original communication, will be submitted to the City
Council for their information.
G. The City Clerk shall not open mail addressed to an individual Council Member unless
requested to do so by the Council Member.
H. Individual Council Members shall not direct staff to initiate any action or prepare any
report that is significant in nature or initiate any project or study. All such direction shall
be provided by the City Manager or by action of a majority of the City Council at a City
Council meeting. Council Members may ask for limited resources and information for
items that are on an agenda as long as any information is distributed to all City Council
Members
Section 3. CITY COUNCIL AND COMMISSION RELATIONSHIP, INTERACTIONS WITH
OTHER CITY OF SARATOGA BODIES, AND RELATIONSHIPS WITH OTHER
BODIES OUTSIDE OF SARATOGA
A. Members of the City Council should not attempt to influence or publicly criticize Saratoga
Commission recommendations, or to influence or lobby individual Commission Members
on any item under their consideration. It is important for Commissions to be able to make
objective recommendations to the City Council on items before them. Members of Council
that attempt to strongly influence Commission positions on an item may prejudice or hinder
their role in reviewing the commission's recommendation as a member of the City Council.
B. Individual Council Members and Commissioners shall have the right to attend meetings of
other Saratoga governmental bodies but shall refrain from speaking or becoming involved
in the meeting's discussions. If asked a question, the Council Member or Commissioner
should indicate that he/she can only provide a personal opinion and does not speak for the
Council or Commission as a whole.
C. If a member of the City Council or a Commission appears before a non-City of Saratoga
governmental agency or organization except as a member of outside agency appointed by
the City Council to give a statement on an issue affecting the City, the Council Member or
Commissioner should first indicate the majority position and opinion of the Council or
Commission (if any). Personal opinions and comments may be expressed only if the
Council Member or Commissioner clarifies that these statements do not represent the
position of the City Council or Commission.
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D. Both Council Members and Commissioners shall at all times strive to maintain respectful
discourse in regards to one another and focus comments on the policy matters under
consideration while refraining from expressing criticism of members of the Council or a
Commission.
Section 4. CITY COUNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL
OR SENSITIVE INFORMATION
A. City Council Members shall keep all written materials and verbal information provided to
them on matters that are confidential under State law in complete confidence to ensure
that the City's position is not compromised. No disclosure or mention of information in
these materials shall be made to anyone other than Council Members, the City Attorney
or City Manager.
B. All negotiations and other contacts concerning matters that have come before the City
Council in closed session (including, but not limited to, property acquisition or disposal, a
pending claims or litigation, and/or employee negotiations) with the other party and/or
party’s agents or other representatives shall be limited to, and made by, the designated
City staff representative handling the negotiations, claim or litigation unless the City
Council has directed that a specific Council member to assist staff in negotiations. Except
as authorized above, no Council Member who has participated in any closed session shall
have any contact or discussion with the other party or its agents or representatives
concerning the matter under consideration except during public meetings of the City
Council. All public statements, information and press releases shall be handled
exclusively by the City’s designated spokesperson.
C. The personal contact information of members of the public included as part of reports and
attachments to agenda items shall only be used in relation to that agenda item. To the
greatest extent possible, staff will work to minimize the amount of personal contact
information for members of the public published in agenda materials posted on the City
website.
Section 5. BUSINESS OF THE CITY COUNCIL
A.Seating Arrangement of the City Council – At regular City Council Meetings held in the
Civic Theater, the City Council shall be seated based on the order of the Mayoral rotation,
as set forth by the Mayoral Rotation Policy, with the Mayor seated on the left of the five
members of the City Council. The Vice Mayor shall be seated to the right of the Mayor. It
shall be at the Mayor’s discretion to determine the final seating arrangement of the
City Council.
B. City Council Reorganization – The City Council Reorganization shall be held at the
beginning of the first regular meeting of December unless the City Council calls and holds
a special meeting on the Tuesday immediately preceding the first regular meeting of
December. The floor shall be open to nominations for the purpose of electing a Mayor and
Vice Mayor to serve for the following year. Such elections shall be made by majority vote
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of the Council members present at the meeting. The Mayor and Vice Mayor shall assume
the duties of their respective offices immediately upon election. The Mayor and Vice
Mayor shall serve a one-year term at the pleasure of the Council. In election years the date
of the special meeting referenced above may be changed by the City Clerk as necessary to
ensure compliance with State election laws.
C. Mayor and Council Roles – The Mayor shall act as the primary spokesperson and official
representative of the City Council, unless such responsibility is delegated by the Mayor, or
otherwise assigned by a majority vote of the City Council. The Mayor shall preside at all
regular, adjourned, and special meetings of the City Council, including joint meetings with
commissions and closed sessions. The Mayor shall execute all official City documents,
warrants and correspondence approved by City Council. The Mayor shall serve as the
primary contact for the City Manager to provide direction and advice regarding routine
planning and operational issues (i.e. meeting schedules, event dates, dispositions of
correspondences, etc.). Nothing in this section is intended to suggest that the position of
Mayor wields formal power or authority in excess of the other members of the City
Council. Rather, the person serving as Mayor is to be recognized as the leader of the
Council, or first among equals. The Vice Mayor shall serve and perform the functions as
Mayor in the absence of the duly elected Mayor.
D. Council Committee/Agency Assignments
Every December immediately following the City Council reorganization the Mayor shall
announce that new appointments for Committee/Agency Assignments are necessary. A list
of committee/agency assignments shall be given to each Council Member and each Council
Member shall provide the City Clerk with a list of the Committee/Agency Assignments in
which the Council Member is interested. The Mayor shall propose appointments for
Council approval at the City Council meeting immediately following the reorganization.
E. Ex Parte Communications
An Ex Parte Communication occurs when a Council member receives information from a
member of the public outside of a public meeting concerning a matter to be heard by the
City Council. Ex Parte communications are an inherent part of the City of Saratoga’s
commitment to allowing City residents ample opportunity to consult with elected
officials both inside and outside of public meetings. At the same time, the City is
committed to the principle that the business of the public should be conducted in public,
to ensure that citizens are afforded the opportunity to participate in the making of
decisions that affect their lives, and the means to evaluate choices made by the City and
its officers.
Where a City Council Member has received information outside of a public meeting that
the Council Member believes has a bearing on the decision and that is not reflected in the
staff report presented to the Council and the public, the Council Member should provide
that information to the rest of the Council and the public following the staff report and
prior to beginning of public testimony on the matter. This will allow the public and other
members of the Council to consider the information in forming their views on the
decision at hand.
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In addition, persons affected by the decision will also have the opportunity to know the
evidence on which the decision is to be based and have an opportunity to comment on it
and, if need be, to rebut it. This approach allows all members of the public access to
elected officials and to the rationale for decisions made by those officials.
F. Issuing Proclamations and Commendations
A proclamation is prepared at the discretion of the Mayor to proclaim a specific date or
event. Proclamations are prepared for signature by the Mayor. They may be presented at
a City Council meeting or at an event or meeting outside the City Council meeting.
A commendation is prepared at the discretion of the Mayor. A commendation may be
issued for accomplishments such as:
Athletic/academic accomplishments
Act of heroism
Youth Accomplishments
A Community Organization’s Citizen of the Year
A Community Organization’s Business Person of the year
Outgoing elected officials
Outgoing City Commissioners
Commendations are prepared for signature by the Mayor. They may be presented at a
City Council meeting or at an event or meeting outside the City Council meeting.
G. Event Scheduling
The Mayor shall work with City staff to schedule the dates of City organized events. Due
consideration will be given to the availability of other Council Members and community
organizations involved in the event.
H. Resolutions of Support or Opposition
Resolutions of support or in opposition to a legislative action or special issue shall only
be brought before the City Council for consideration if the topic of the resolution has a
specific and identifiable impact or connection to the City of Saratoga.
Section 6. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS
A. Time of Meetings
Regular meetings of the City Council shall be held on the first and third Wednesday of each
month in the Civic Theater per City Code 2-10.010. Special meetings shall be held as needed
based on availability of the City Council.
B. Order of Agenda
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The following is the usual order of agenda items for regular Council meetings. The Mayor
with the concurrence of Council can change the order in which items on the agenda are
heard.
Joint Meetings, Study Sessions, Commission Interviews, and Closed Session –Prior to the
start of the Regular Session at 7:00 p.m. in the Civic Theater, the City Council may hold
Joint Meetings with various Community organizations and Commissions, conduct study
sessions, hold Commission applicant interviews, or conduct Closed Sessions. These
meetings typically take place in the Administrative Conference Room at City Hall.
Location and start times may vary.
Regular Session – The City Council, unless otherwise specified on the agenda, shall
conduct the Regular Session at 7:00 p.m. in the Civic Theater.
Call to Order –The Mayor calls the regular meeting to order.
Pledge of Allegiance –The Mayor may lead or call upon a member of the public or staff
to lead the pledge.
Roll Call –A quorum constituting 3 of the 5 members of the Council is required to conduct
any Council meeting. The City Clerk calls the roll.
Report of Posting of the Agenda –The City Clerk reports on the posting of the agenda as
required by law.
Report From Closed Session – The Mayor is required to announce any action taken during
closed session before reconvening to the open session of the regular meeting.
Report from Joint Meeting/Study Session – The Mayor, or the Mayor’s designee, provides
a summary of the Joint Meeting or Study Session held prior to the Regular Session.
Oral Communications –During this portion, any persons who wish to address the City
Council on a subject not on the agenda may do so. Oral communications are not intended
as the means for debate or decision-making, but only for making a presentation in person.
Comment shall be limited to three minutes for members of the public who wish to speak.
The City Council may request follow up on matters raised during Oral Communications.
Announcements – Reserved time for the Mayor to make special announcements.
Announcements should be related to City or City-sponsored events and/or activities.
Council Members may submit announcement recommendations to the Mayor; the Mayor
has full discretion in selecting which announcements to share.
Ceremonial Items –These items include presentation of proclamations, commendations,
appointments, administration of Oath of Office and special introductions.
Special Presentations –Reserved time for groups, agencies, persons to speak to the Council
on special items.
Consent Calendar–These items are routine and non-controversial items of business. Items
in this section will be acted in one motion, unless removed by the Mayor or a Council
Member. Any member of the public may speak to an item on the Consent Calendar, or
request the Mayor remove an item for discussion.
Public Hearings –There are two kinds of public hearings, those required by law and those
called by the City Council of its own volition. In either event, the purpose is to provide an
opportunity for all interested persons to be heard. During appeal hearings before the City
Council, Applicants/Appellants and their representatives have a total of ten minutes
maximum for opening statements. Members of the public may comment on any item for
up to three minutes. Applicant/Appellants and their representatives have a total of five
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minutes maximum for closing statements. Unless otherwise directed by the Mayor or City
Council, appeal hearings shall generally proceed as follows:
Mayor introduces item
Staff report
Council questions for staff
Appellant’s opening remarks – 10 minutes
Applicant’s opening remarks – 10 minutes
Public comment
Applicant closing remarks – 5 minutes
Appellant closing remarks – 5 minutes
Mayor closes the public hearing
Council discussion
Council decision
General Business –These are general items, that may or may not been previously
considered by the Council.
Council Assignments– Provides members of the Council an opportunity to report on their
respective assignments.
City Council Items – Provides members of the Council an opportunity to introduce
discussion/action on items not currently before the Council for consideration.
City Manager Items – City Manager or City Attorney may bring up other items of interest
or make announcements under this section.
Adjournment –The Mayor may adjourn the meeting or the City Council may vote to
adjourn the meeting.
C. Disruptive Comments and/or Conduct
No person who addresses the Council shall make any belligerent, personal, impertinent,
irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark,
statement or commentary toward the Council, staff or other individuals in a manner which
disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting, nor
shall any such person engage in any other disorderly conduct which so disrupts, disturbs or
impedes the orderly conduct of the meeting. Any violation of this rule shall be grounds for
terminating the person’s comment period. Continued inappropriate behavior or comments,
after having been directed to discontinue, also shall be grounds for removal from the
meeting. Council shall not be belligerent or make disparaging commentary toward the
speaker. Nothing in this section shall prohibit or discourage orderly criticism of any City
decision or policy within the limits of these rules. If a member of the public fails to follow
these rules after being warned once, the Council may bar that individual from further
testimony for the evening or remove the person from the meeting.
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CITY COUNCIL NORMS EXHIBIT A
CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE1
Saratoga’s rules of parliamentary procedure are supported by the following four principles:
1.Rules should establish order. The first purpose of the rules of parliamentary
procedure is to establish a framework for the orderly conduct of meetings.
2.Rules should be clear. Simple rules lead to wider understanding and participation.
Complex rules create two classes: those who understand and participate and those
who do not fully understand and do not fully participate.
3.Rules should be user-friendly. That is, the rules must be simple enough that citizens
feel they have been able to participate in the process.
4.Rules should enforce the will of the majority while protecting the rights of the minority.
The ultimate purpose of the rules of procedure is to encourage discussion and to
facilitate decision-making by the body. In a democracy, the majority rules. The
rules must enable the majority to express itself and fashion a result, while
permitting the minority to also express itself (but not dominate) and fully
participate in the process.
The Chairperson Should Take a Back Seat During Discussions
While all members of the governing body should know and understand the rules of parliamentary
procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The
chair should be well versed in those rules, because the chair, for all intents and purposes, makes
the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the
governing body itself.
Because the chair conducts the meeting, it is common courtesy for the chair to take a less active
role than other members of the body in debates and discussions. This does not mean that the
chair should not participate in the debate or discussion. On the contrary, as a member of the
body, the chair has full rights to participate in debates, discussions and decision-making. The
chair should, however, strive to be the last to speak at the discussion and debate stage, and
should not make or second a motion unless he or she is convinced that no other member of the
body will do so.
1 These rules of parliamentary procedure are based on “Rosenberg’s Rules of Order: Simple Parliamentary
Procedures for the 21st Century” written by Dave Rosenberg and published by the League of California Cities in
2003. The procedures set forth in Rosenberg’s have been modified slightly to reflect custom, practice, and specific
code requirements in Saratoga. While these rules have been drafted to conform to requirements of State law and the
Saratoga City Code, in the event of a conflict between these procedures and those laws, the laws shall govern.
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The Basic Format for an Agenda Item Discussion
All City Council and Commission meetings have a written, published agenda. The meeting is
governed by the agenda and the agenda constitutes the agreed-upon road map for the meeting.
Each agenda item should be handled by the chair in the following basic format.
First, the chair should clearly announce the agenda item number and should clearly state
what the subject is. The chair should then announce the format that will be followed. If
any member of the body has a conflict of interest, that member announces the conflict
and need for recusal and leaves the dais at this time.
Second, following that agenda format, the chair should invite the appropriate people to
report on the item, including any recommendation they might have. The appropriate
person may be the chair, a member of the governing body, a staff person, or a committee
chair charged with providing information about the agenda item.
Third, the chair should ask members of the body if they have any technical questions for
clarification. At this point, members of the governing body may ask clarifying questions
to the people who reported on the item, and they should be given time to respond.
Fourth, the chair should invite public comments or, if appropriate at a formal public
hearing, open the hearing. Speakers are typically limited to 3 minutes; shorter time limits
may be imposed if numerous members of the public indicate a desire to speak to the
subject. At the conclusion of the public comments, the chair should announce that public
input has concluded (or that the public hearing, as the case may be, is closed).
Fifth, the chair should invite members of the body to make remarks on the matter. This
is an opportunity for members of the body to state their views on the subject before any
formal motions are made.
Sixth, the chair should invite a motion from the governing body members. The chair
should announce the name of the member who makes the motion.
Seventh, the chair should determine if any member of the body wishes to second the
motion. The chair should announce the name of the member who seconds the motion. It
is normally good practice for a motion to require a second before proceeding with it, to
ensure that it is not just one member of the body who is interested in a particular
approach. However, a second is not an absolute requirement, and the chair can proceed
with consideration and a vote on the motion even when there is no second. This is a
matter left to the discretion of the chair.
Eighth, if the motion is made and seconded, the chair should make sure everyone
understands the motion. This is done in one of three ways:
1.The chair can ask the maker of the motion to repeat it;
2.The chair can repeat the motion; or
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3.The chair can ask the secretary or the clerk of the body to repeat the
motion.
Ninth, the chair should now invite discussion of the motion by the members of the
governing body. If there is no desired discussion or the discussion has ended, the chair
should announce that the body will vote on the motion. If there has been no discussion or
a very brief discussion, the vote should proceed immediately, and there is no need to
repeat the motion. If there has been substantial discussion, it is normally best to make
sure everyone understands the motion by repeating it.
Tenth, the chair takes a vote. Simply asking for the “ayes” and then the “nays” is
normally sufficient. If members of the body do not vote, then they “abstain.” Unless
specific laws or procedures provide otherwise, a simple majority determines whether the
motion passes or is defeated.
Eleventh, the chair should announce the result of the vote and should announce what
action (if any) the body has taken. In announcing the result, the chair should indicate the
names of the members, if any, who voted in the minority on the motion. This
announcement might take the following form: “The motion passes by a vote of 3-2, with
Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all
future meetings of this governing body.”
Motions in General
Motions are the vehicles for decisionmaking. It is usually best to have a motion before the
governing body prior to discussing an agenda item, to help everyone focus on the motion before
them.
The chair usually initiates the motion by:
1.Inviting the members to make a motion: “A motion at this time would be
in order.”
2.Suggesting a motion to the members, for example: “A motion would be in
order that we give 10-days’ notice in the future for all our meetings.”
3.Making the motion.
As noted, the chair has every right as a member of the body to make a motion, but normally
should do so only if he or she wishes a motion to be made but no other member seems willing to
do so.
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The Three Basic Motions
Three motions are the most common:
1.The basic motion.The basic motion is the one that puts forward a
decision for consideration. A basic motion might be: “I move that we create a
five-member committee to plan and put on our annual fundraiser.”
2.The motion to amend.If a member wants to change a basic motion that
is under discussion, he or she would move to amend it. A motion to amend might
be: “I move that we amend the motion to have a 10-member committee.” A
motion to amend takes the basic motion that is before the body and seeks to
change it in some way.
3.The substitute motion.If a member wants to completely do away with
the basic motion under discussion and put a new motion before the governing
body, he or she would “move a substitute motion.” A substitute motion might be:
“I move a substitute motion that we cancel the annual fundraiser this year.”
Motions to amend and substitute motions are often confused. But they are quite different, and so
is their effect, if passed.
A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way.
A substitute motion seeks to throw out the basic motion on the floor and substitute a new and
different motion for it.
The decision as to whether a motion is really a motion to amend or a substitute motion is left to
the chair. So that if a member makes what that member calls a motion to amend, but the chair
determines it is really a substitute motion, the chair’s designation governs.
When Multiple Motions Are Before The Governing Body
Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion
until the three that are on the floor have been resolved.
When two or three motions are on the floor (after motions and seconds) at the same time, the
first vote should be on the last motion made. So, for example, assume the first motion is a basic
“motion to have a five-member committee to plan and put on our annual fundraiser.” During the
discussion of this motion, a member might make a second motion to “amend the main motion to
have a 10-member committee, not a five-member committee, to plan and put on our annual
fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a
“substitute motion that we not have an annual fundraiser this year.” The proper procedure would
be as follows.
First, the chair would deal with the third (the last) motion on the floor, the substitute motion.
After discussion and debate, a vote would be taken first on the third motion. If the substitute
motion passes, it would be a substitute for the basic motion and would eliminate it. The first
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motion would be moot, as would the second motion (which sought to amend the first motion),
and the action on the agenda item would be complete. No vote would be taken on the first or
second motions. On the other hand, if the substitute motion (the third motion) failed, the chair
would proceed to consideration of the second (now the last) motion on the floor, the motion to
amend.
If the substitute motion failed, the chair would then deal with the second (now the last) motion
on the floor, the motion to amend. The discussion and debate would focus strictly on the
amendment (should the committee be five or 10 members). If the motion to amend passed, the
chair would now move to consider the main motion (the first motion) as amended. If the motion
to amend failed, the chair would now move to consider the main motion (the first motion) in its
original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original
motion would either be in its original format (five-member committee) or, if amended, would be
in its amended format (10-member committee). And the question on the floor for discussion and
decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic
motions, motions to amend, and substitute motions are all eligible, each in their turn, for full
discussion before and by the body. The debate can continue as long as members of the body
wish to discuss an item, subject to the decision of the chair that it is time to move on and take
action. There are exceptions to the general rule of free and open debate on motions. The
exceptions all apply when there is a desire of the body to move on. The following motions are
not debatable (that is, when the following motions are made and seconded, the chair must
immediately call for a vote of the body without debate on the motion):
A motion to adjourn.This motion, if passed, requires the body to immediately adjourn
to its next regularly scheduled meeting. This motion requires a simple majority vote.
A motion to recess.This motion, if passed, requires the body to immediately take a
recess. Normally, the chair determines the length of the recess, which may range from a
few minutes to an hour. It requires a simple majority vote.
A motion to fix the time to adjourn. This motion, if passed, requires the body to
adjourn the meeting at the specific time set in the motion. For example, the motion might
be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.
A motion to table.This motion, if passed, requires discussion of the agenda item to be
halted and the agenda item to be placed on “hold.” The motion may contain a specific
time in which the item can come back to the body: “I move we table this item until our
regular meeting in October.” Or the motion may contain no specific time for the return
of the item, in which case a motion to take the item off the table and bring it back to the
body will have to be taken at a future meeting. A motion to table an item (or to bring it
back to the body) requires a simple majority vote.
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A motion to limit debate.The most common form of this motion is to say: “I move the
previous question” or “I move the question” or “I call for the question.” When a member
of the body makes such a motion, the member is really saying: “I’ve had enough debate.
Let’s get on with the vote.” When such a motion is made, the chair should ask for a
second to the motion, stop debate, and vote on the motion to limit debate. The motion to
limit debate requires a two-thirds vote of the body. Note that a motion to limit debate
could include a time limit. For example: “I move we limit debate on this agenda item to
15 minutes.” Even in this format, the motion to limit debate requires a two-thirds vote of
the body. A similar motion is a motion to object to consideration of an item. This
motion is not debatable, and if passed, precludes the body from even considering an item
on the agenda. It also requires a two-thirds vote.
Majority and Super-Majority Votes
In a democracy, decisions are made with a simple majority vote. A tie vote means the motion
fails. So in a five-member body, a vote of 3-2 passes the motion. A vote of 2-2 with one
abstention means the motion fails. If one member is absent or recused and the vote is 2-2, the
motion still fails.
All motions require a simple majority, but there are a few exceptions. The exceptions occur
when the body is taking an action that effectively cuts off the ability of a minority of the body to
take an action or discuss an item. These extraordinary motions require a two-thirds majority (a
super-majority) to pass:
Motion to limit debate.Whether a member says, “I move the previous question,” “I
move the question,” “I call for the question” or “I move to limit debate,” it all amounts to
an attempt to cut off the ability of the minority to discuss an item, and it requires a two-
thirds vote to pass.
Motion to close nominations.When choosing officers of the body, such as the chair,
nominations are in order either from a nominating committee or from the floor of the
body. A motion to close nominations effectively cuts off the right of the minority to
nominate officers, and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question.Normally, such a motion is
unnecessary, because the objectionable item can be tabled or defeated straight up.
However, when members of a body do not even want an item on the agenda to be
considered, then such a motion is in order. It is not debatable, and it requires a two-thirds
vote to pass.
Motion to suspend the rules.This motion is debatable, but requires a two-thirds vote to
pass. If the body has its own rules of order, conduct or procedure, this motion allows the
body to suspend the rules for a particular purpose. For example, the body (a private club)
might have a rule prohibiting the attendance at meetings by non-club members. A
motion to suspend the rules would be in order to allow a non-club member to attend a
meeting of the club on a particular date or on a particular agenda item.
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The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself: the motion to
reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and
a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is
deemed closed, subject only to reopening if a proper motion to reconsider is made. The
standards for reconsideration are set forth in the City Code.
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the
members of the public can attend to business efficiently, fairly and with full participation. And
at the same time, it is up to the chair and the members of the body to maintain common courtesy
and decorum. Unless the setting is very informal, it is always best for only one person at a time
to have the floor, and it is always best for every speaker to be first recognized by the chair before
proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focus on the item
and the policy in question, not on the personalities of the members of the body. Debate on policy
is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too
personal, too loud or too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair
may, however, limit the time allotted to speakers, including members of the body. Can a
member of the body interrupt the speaker? The general rule is no. There are, however,
exceptions. A speaker may be interrupted for the following reasons:
Privilege.The proper interruption would be: “Point of privilege.” The chair would then
ask the interrupter to “state your point.” Appropriate points of privilege relate to
anything that would interfere with the normal comfort of the meeting. For example, the
room may be too hot or too cold, or a blowing fan might interfere with a person’s ability
to hear.
Order.The proper interruption would be: “Point of order.” Again, the chair would ask
the interrupter to “state your point.” Appropriate points of order relate to anything that
would not be considered appropriate conduct of the meeting; for example, if the chair
moved on to a vote on a motion that permits debate without allowing that discussion or
debate.
Appeal.If the chair makes a ruling that a member of the body disagrees with, that
member may appeal the ruling of the chair. If the motion is seconded and after debate, if
it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day.This is simply another way of saying, “Let’s return to the
agenda.” If a member believes that the body has drifted from the agreed-upon agenda,
such a call may be made. It does not require a vote, and when the chair discovers that the
agenda has not been followed, the chair simply reminds the body to return to the agenda
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item properly before them. If the chair fails to do so, the chair’s determination may be
appealed.
Withdraw a motion.During debate and discussion of a motion, the maker of the motion
on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the
floor. The motion is immediately deemed withdrawn, although the chair may ask the
person who seconded the motion if he or she wishes to make the motion, and any other
member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined here help make meetings very public-friendly. But in addition, and
particularly for the chair, it is wise to remember three special rules that apply to each agenda
item:
Rule One:Tell the public what the body will be doing.
Rule Two:Keep the public informed while the body is doing it.
Rule Three:When the body has acted, tell the public what the body did.
Public input is essential to a healthy democracy, and community participation in public meetings
is an important element of that input. The challenge for anyone chairing a public meeting is to
accommodate public input in a timely and time-sensitive way, while maintaining steady progress
through the agenda items. The rules presented here for conducting a meeting are offered as tools
for effective leadership and as a means of developing sound public policy.
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SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:Public Works
PREPARED BY:Emma Burkhalter, Assistant Engineer
SUBJECT:Final map approval for two lots located on Mt. Eden Road (APN 503-13-127
& 128)Owners: Fred & Chris Irany and Robert & Jonlyn Karr
RECOMMENDED ACTION:
1.Move to adopt Resolution granting final map approval of tentative map application No.
SUB 10-0001 for two lots located on Mt. Eden Road (APN 503-13-127 & 503-13-128).
2.Move to authorize the City Manager to execute the Subdivision Improvement Agreement.
BACKGROUND:
Attached is a Resolution, which, if adopted, will grant final map approval for two lots located on
Mt. Eden Road (APN 503-13-127 & 503-13-128). The City Engineer has examined the final map
and related documents submitted to the City in accordance with the provisions of Section
14.40.020 of the Municipal Code and it was determined that:
1.The final map substantially complies with the approved tentative map.
2.All conditions of the approved tentative map, as contained in Planning Commission
Resolution No. 13-025, have been completed or will be completed concurrent with
development of the two lots.
3.The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable
provisions of law have been complied with.
4.The final map is technically correct.
Consequently, the City Engineer’s certificate has been executed on the final map and the final
map has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for
action by the City Council. The subdivider has paid $20,775 in Park Development Fees.63
ATTACHMENTS:
Attachment A - Site Map
Attachment B - Parcel Map
Attachment C - Resolution Granting Final Map Approval
Attachment D - Planning Commission Resolution No. 13-025 Approving the Tentative Map with
Conditions
Attachment E - Subdivision Improvement Agreement
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PIERCEMOUNT EDENDAMON
T
E
E
R
LI
N
K
VIA REGINA
HEBER
VISTA REGINA
PALOMINODORENEALBARLegend
Site
Saratoga Boundary
Parcels
Creeks
SITE MAP
503-13-127, 503-13-12810-0001Robert & Jonlyn Karr, Fred & Chris IranyDecember 6, 2017
APN:Application:Applicant/Owner:Meeting Date:
±0 0.05 0.1 0.15 0.20.025 Miles
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF APPLICATION NO. SUB 10-0001
MT. EDEN ROAD (APN 503-13-127 & 128)
The City Council of the City of Saratoga hereby resolves as follows:
SECTION 1: Two lots as shown on that certain Parcel Map prepared by Westfall Engineers,
Inc., dated April 2017, and filed with the City Clerk of the City of Saratoga on
December 6, 2017, are approved as TWO (2) individual lots.
SECTION 2:All streets and easements shown on said map and offered for dedication to
public use are hereby rejected on behalf of the public, save and except for
public service easements; and to the limited extent that any offers for public
street purposes either expressly or implicitly include offers for easements for
utility purposes along or beneath said street rights of way, then as to such
express or implied offers of easements for public utility purposes, the same are
hereby accepted on behalf of the public.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 6th day of December, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
____________________________
Nora Pimentel, City Clerk
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RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
THIS SPACE FOR RECORDER'S USE
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is entered into effective ________ (“Effective Date”) by and
among Fred and Chris Irany and Robert and Jonlyn Karr (hereinafter referred to as “Owner” and
“Subdivider”) and the City of Saratoga (hereinafter referred to as “City”) with reference to
property known as Assessor’s Parcel Numbers: 503-13-127 and 503-13-128 as described in more
detail in Exhibit A hereto (the “Property”).
RECITALS
WHEREAS, in connection with the development of the subdivision of the Property
(hereinafter known as “subject subdivision”), Subdivider has previously filed with the City of
Saratoga Community Development Director a tentative map of said subdivision (referenced by
the City as Application No. SUB10-0001), which said tentative map was duly approved by City
by Resolution No. 13-025 dated December 9, 2015;
WHEREAS, Subdivider has submitted, for approval and acceptance, a parcel map or
final map (hereinafter “Map” as applicable) of the subject subdivision;
WHEREAS, Owner and Subdivider have each requested approval of said Map prior to
the completion of improvements of all public facilities and other improvements which are a part
of or appurtenant to the subject subdivision, including, but without limiting the foregoing, all
required grading, erosion control, streets, street lights, utilities, traffic safety devices, paving,
curbs and gutters, sidewalks, pathways, bikeways, catch basins, pipes, culverts, storm drains,
sanitary sewers, stormwater treatment measures, street trees and street signs, water systems and
fire hydrants all in accordance with and as required by the plans and specifications for all of said
improvements (collectively, the “Works of improvement”), which plans and specifications were
prepared by Westfall Engineers, Inc., Civil Engineer on behalf of Subdivider and Owner,
approved by the City Engineer and now on file in the Public Works Department.
NOW, THEREFORE, in consideration of the above RECITALS and the mutual promises
and covenants of the parties hereto, it is agreed as follows:
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1. JOINT AND SEVERAL DUTIES
Owner and Subdivider are hereinafter collectively referred to as “Developer” in this
Agreement, but each shall remain jointly and severally liable for compliance with the terms of
this Agreement. However, only the Subdivider shall be responsible for providing the security
required by this Agreement. Developer hereby enters into an agreement with City, by the terms
of which agreement Developer agrees to have the Works of improvement required by City
completed on or before one year from the effective date of this Agreement in accordance with
the Saratoga City Code (hereinafter “City Code”).
2. FILING OF FINAL MAP
City, for and in consideration of the execution of this Agreement and fulfillment by
Developer of the terms set forth herein, shall accept for filing the Map for the subject
subdivision.
3. DEVELOPER’S DUTIES REGARDING IMPROVEMENT WORK
Developer hereby agrees that:
(a) Prior to Developer commencing work Developer shall provide a Notice of
Commencing Work to City. If Developer contemplates requesting a partial release,
the Notice of Commencing Work shall include a schedule of work and a cost
breakdown for each Work of improvement acceptable to the City Director of Public
Works.
(b) All Works of improvement shall be constructed by Developer at Developer’s sole
cost and expense in accordance with the improvement plans and specifications
prepared by Developer’s Civil Engineer as previously approved by the City Engineer
in a good and workmanlike manner, in accordance with all City standards,
specifications and applicable laws, rules and regulations, to the satisfaction of the
Director of Public Works. Developer agrees that the Director of Public Works shall
have the right to reject any or all of the work to be performed under this Agreement if
such work does not conform with the plans and specifications, City standards, or any
applicable law, rule, or regulation;
(c) The Works of improvement shall be maintained in good condition and repair and be
guaranteed against any defects in material and workmanship for a period of one year
from the date of final approval by the City (or such extended period of time thereafter
as is necessary to repair any such defects to the satisfaction of the City);
(d) Developer shall cause to be made and pay for soil tests conducted by a reputable soils
testing laboratory to determine gradation, bearing, and resistance value of soils within
the subject subdivision from which to determine the nature of the Works of
improvement necessary. Developer shall also cause to be made and pay for all
necessary tests including, but not limited to, necessary tests under Section 19
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(Earthwork), Section 26 (Aggregate Bases), and Section 39 (Asphalt Concrete) of the
most current edition of Standard Specifications issued by the California Department
of Transportation as of the Effective Date of this Agreement.
(e) Developer shall pay to the City the cost of inspecting the Works of improvement
including the costs of staff time and any consulting services determined necessary by
the Director of Public Works;
(f) Developer shall furnish to the City the improvement security as required in Section 5
of this Agreement and City Code Section 14-60.020; and
(g) Developer shall furnish to the City the release, indemnity agreement and insurance
coverage required by Section 11 of this Agreement and City Code Section 14-05.055.
4. TIMING OF CONSTRUCTION OF WORKS OF IMPROVEMENT
Developer hereby agrees to construct all required Works of improvement as follows:
(a) All required on-site and off-site improvements shall be complete to the satisfaction of
the Director of Public Works, prior to issuance of the final inspection approval for
any structure built on any parcel within the subject subdivision and: (1) within one
year from the date of City’s approval of subject subdivision, or (2) prior to
___________________ (specify date), if initialed and dated by the Director of Public
Works here ___ at or prior to the Effective Date of this Agreement.
(b) All off-site work (if any), shall be done prior to or concurrently with on-site work,
unless otherwise expressly specified by the conditions of the tentative map for the
subject subdivision, and initialed by the Director of Public Works here ____;
(c) The time for completion may be extended by the Director of Public Works in his/her
sole discretion, for good cause shown in writing by Developer. The Director of
Public Works may, in his/her sole discretion, allow up to three extensions of this
Agreement of up to 180 days each, provided that all requirements under this
Agreement or imposed by law are met by Developer. Any further extension requires
amendment and approval of this Agreement by the City Council;
(d) In the event that Developer fails to complete the Works of improvement within the
time specified herein, City may complete said work and Developer promises to pay
City the full cost and expenses thereof or City may recover the same from Developer,
the surety(s) and/or the holder(s) of improvement security, including reasonable
attorney fees. City, in its sole discretion, may require Developer, the surety(s), and/or
the holder(s) of improvement security to pay City in advance, sufficient monies to
cover City’s cost in completing construction of the improvements; and
(e) In the event Developer has not completed the required works of improvement within
the period of time allowed by this Agreement (including any duly obtained
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extensions), Developer shall not proceed further with any work of improvement
unless and until approval to do so is obtained from the City. The City reserves the
right, upon each renewal, to increase the security amounts to reflect increases in
material, labor and equipment prices. Notwithstanding the foregoing, it is understood
that in the event the Developer fails to complete any work of improvement within the
required period of time that the City may proceed against the securities required by
Section 5 of this Agreement, to obtain completion of such work of improvement, or
may initiate proceedings to revert the subdivided property to acreage.
5. SECURITY
(a) Developer shall furnish to City good and sufficient security for:
(1) faithful performance and guarantee of the work; and
(2) payment of contractors, subcontractors and persons furnishing labor, materials
or equipment.
(b) The security shall be one or more of the following forms at the option of, and subject
to approval by, the City:
(1) A bond (or bonds) of a duly authorized corporate surety in the forms attached
hereto as Exhibits B and C respectively, each issued by a corporate surety
duly authorized to transact business in the State of California (“State”); or
(2) A deposit held by the City in cash or, if approved by the City Manager,
negotiable bonds of the kind approved for securing deposits of public monies;
or
(3) An instrument of credit from an agency of the State, Federal or local
government when any agency of the State, Federal, or local government
provides at least twenty percent (20%) of the financing for the portion of the
act or agreement requiring security, or from one or more financial institutions
subject to regulation by the State or Federal government and pledging that the
funds necessary to carry out the act or agreement are on deposit and
guaranteed for payment, or a letter of credit or set aside letter issued by such a
financial institution. The form and content of such instrument, letter of credit
or set aside letter shall be subject to prior approval by the City Attorney; or
(c) The security furnished by the Developer shall be in the following amounts and for the
following purposes:
(1) An amount equal to one hundred percent (100%) of the total estimated cost of
the improvement or of the act to be performed, as determined by the Director
of Public Works, securing faithful performance of the Works of improvement
and guaranteeing against any defective work or labor done or defective
materials furnished (herein “the Faithful Performance Security”). Liability
upon the Faithful Performance Security shall both include, and be limited to
the matters specified in Section 66499.9 of the California Government Code;
and
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(2) An amount equal to one hundred percent (100%) of the total estimated cost of
the Works of improvement as determined by the Director of Public Works,
securing payment to the contractor, the subcontractors, and persons furnishing
labor, materials or equipment for the Works of improvement or the
performance of the required act(s) (herein “the Payment Security”);
(3) As part of the obligation guaranteed by each security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys’ fees, incurred by the City
in successfully enforcing the obligation secured; and
(4) At least ten percent (10%) of the Faithful Performance Security and Payment
Security shall be provided in the form of a deposit held by the City in cash.
(d) The Faithful Performance Security required under this Section shall remain in full
force and effect for a period of one year following the completion of the work as
continuing security for the Developer’s guarantee against any defective work or labor
done or defective materials furnished, and thereafter until all deficiencies in
construction, maintenance and repair have been corrected to the satisfaction of the
Director of Public Works and final acceptance of all work is granted by the City
Council. Upon completion of the work, the Director of Public Works may, in his or
her discretion, permit the Developer to reduce the amount of such Security if the
Director of Public Works determines that a lesser amount will be sufficient to secure
the Developer’s obligation to correct any defects in workmanship or materials.
(e) The Payment Security required under this Section shall, after final acceptance of the
work and passage of the time within which claims of lien or nonpayment are required
by law to be recorded, be reduced to an amount equal to the total claimed by
contractors, subcontractors and all persons for whom claims of lien or nonpayment
have been properly recorded and timely notice thereof given in writing to the City,
and if no such claims have been recorded, the Payment Security shall be released in
full. The reduction or release of security authorized herein shall not apply to any
amount deemed by the City Manager to be necessary as security for costs, expenses
and fees, including reasonable attorneys’ fees that may be incurred by the City as a
result of any breach of this improvement Agreement by the Developer.
(f) If the required improvements are financed and installed pursuant to a special
assessment proceeding and the contractor has furnished a Faithful Performance
Security and Payment Security as required by the special assessment act pursuant to
which the improvements are being constructed, the improvement securities required
under this Section may, in the sole discretion of the Director of Public Works be
reduced by an amount corresponding to the amount of such securities so furnished by
the contractor.
(g) Any damage to Works of improvement or property as provided in Section 11 of this
Agreement that occurs during or within one year after completion of the Works of
improvement shall be completely repaired to the satisfaction of the Director of Public
Works by Developer before release of improvement security.
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(h) Each security required in order to comply with this Agreement shall be maintained in
full force and effect unless and until the obligation to provide such security is
released, or partially released by the Director of Public Works in writing.
(i) Release of each security by City shall be in compliance with Section 66499.7 of the
California Government Code.
(j) Where the performance of an obligation for which a security is required is subject to
the approval of another agency, the City shall comply with Section 66499.8 of the
California Government Code.
6. ACQUISITION OF EASEMENTS AND RIGHTS-OF-WAY
Developer represents and warrants that it or City has all easements or rights-of-way
necessary to complete the Works of improvement required by this Agreement with the exception
of the following:
Item of Work Affected APN
Estimated Cost
Total Estimated Cost:
(If no easements or rights-of-way are required, Subdivider shall so indicate by initialing
this Agreement here: ______ ______ _______ ______ (Subdivider’s initials).
The Developer is required, within ten (10) days of the Effective Date of this Agreement,
to deposit with the City a cash deposit in the amount(s) of the Total Estimated Cost specified
above (if any) for the acquisition of any easement or right-of-way needed for the works of
improvement set forth in this Agreement.
If any easements or rights-of way are required then the condemnation clause, attached as
Exhibit D is hereby made a part of this Agreement.
7. EROSION CONTROL
Developer shall take all necessary actions during the course of construction of all
improvements to prevent erosion damage to adjacent properties or improvements (including, but
not limited to, City streets and other City infrastructure or property). It is understood and agreed
that in the event of failure on the part of Developer to prevent erosion, City may do the work of
improvement and/or erosion protection measures on an emergency basis and Developer shall
reimburse City for the actual expenses incurred (including administrative and/or legal expenses)
within thirty (30) days after City mails a billing statement for such expenses to Developer. If
such reimbursement is not timely made, City is entitled to obtain such reimbursement from
Developer and/or to proceed against the Faithful Performance Security to cover City’s expenses.
Developer shall implement the subject subdivision project work and the Works of
improvement in compliance with all applicable requirements of the National Pollutant Discharge
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Elimination System (“NPDES”) permit issued to the Santa Clara Valley Urban Runoff Pollution
Prevention Program (“Program”), to govern the discharge of storm water and non storm water.
All work shall also be in compliance with all other applicable Federal, State, and local laws and
regulations. Compliance with the Program NPDES Permit requires the preparation and
submission of a Storm Water Pollution Protection Plan (“SWPPP”), or a Water Pollution Control
Program (WPCP”), and the approval of same by the appropriate reviewing authority prior to the
start of any work. Information on the requirements may be found at the City Public Works
Department under Order No. 01-119, or subsequent orders or changes to the Program NPDES
Permit.
Developer is required to implement best management practices during and after
construction of the subject subdivision project work and the Works of improvement to minimize
pollutant discharge for the development and life of all the work.
Developer shall provide City with a written document describing the operation and
maintenance of storm water treatment controls, which may be a part of the CC&Rs, a
Maintenance Agreement, or other recorded document.
8. EARLY RELEASE
Where the total cost of the Works of improvement exceeds $100,000, Developer may
from time to time request a certificate of partial completion of Works of improvement for the
sole purpose of obtaining a partial reduction in the retained amount of the Faithful Performance
Security. Requests for a certificate of partial completion of Works of improvement shall be
made in writing to the Director of Public Works on forms provided by City. No such request
shall be honored and no reduction in the retained amount of any improvement security shall be
made during the existence of any default in satisfactorily completing any aspect of the Works of
improvement. In no event shall any single reduction be less than twenty-five percent (25%) of
the total estimated cost of the Works of improvement, nor shall the total number of requests
exceed three (3) in number nor shall the aggregate of all partial reductions exceed seventy-five
percent (75%) of the original amount of the improvement security. No certificate of partial
completion of Works of improvement shall be construed: (1) to constitute acceptance of the
Works of improvement referenced in the certificate by City prior to the time formal action is
taken by City to accept such Works of improvement; (2) to constitute acceptance by City of any
offer of dedication of any interest in real property prior to the time formal action is taken by the
City Council to accept said dedication; (3) to constitute a waiver of any of the requirements
contained in this agreement. The decision to issue a certificate of partial completion of Works of
improvement shall be made by the Director of Public Works in his/her sole discretion. The
determination of the Director of Public Works shall be final and conclusive. Any reduction in
the amount of retained improvement security shall not reduce the obligations of Developer to
City under this Agreement.
In order for City to process a certificate of partial completion requesting reduction of the
retained amount of the improvement security, Developer shall furnish to the Director of Public
Works prior to or concurrent with the notice of commencing work, an itemized cost breakdown
and/or adequate information for all items of improvement.
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9. INDEPENDENT CONTRACTOR
Developer agrees that, in making the required works of improvement, Developer is an
independent contractor and not an employee or agent of City, and no person hired to furnish
labor, materials, and/or equipment in connection with required works of improvement is an
employee or agent of City. Developer shall comply with Labor Code Section 1771, generally
requiring payment of prevailing wages when Developer is building the Works of improvement
required under this Agreement.
10. TENTATIVE MAP
The requirements of the tentative map shall not be overridden by the requirements of this
Agreement. In the event of a conflict between the two, the City Engineer shall determine the
most reasonable interpretation to assure satisfactory improvements for the benefit of the public.
11. PRESERVATION OF PROPERTY
Developer shall exercise due care to avoid injury to existing roadway (whether public or
private) improvements or facilities, utility facilities, adjacent property, and roadside trees and
shrubbery that are not to be removed.
Roadside trees and shrubbery; pole lines; fences; mailboxes; signs; markers and
monuments; buildings and structures; conduits; pipe lines under or above ground; sewer and
water lines; all roadway facilities; and any other improvements or facilities within or adjacent to
any of the work, other than those to be removed in accordance with the plans and specifications,
shall be protected from injury or damage. If ordered by the Director of Public Works, Developer
shall provide and install suitable safeguards, approved by the Director of Public Works, to
protect such property, facilities, or objects from injury or damage. If such property, facilities, or
objects are injured or damaged by reason of Developer’s operation, they shall be replaced or
restored at the Developer’s expense. The property, facilities, or objects shall be replaced or
restored to a condition as good as when Developer entered upon the work, or as good as required
by this Agreement, if any such property, facilities, or objects are a part of the work of
improvement being performed under this Agreement. The Director of Public Works may make
or cause to be made such temporary repairs as are necessary to restore to service any damaged
roadway or other facility or object. The cost of such repairs shall be borne by Developer.
It shall be the Developer’s responsibility to ascertain the existence of any underground
improvements or facilities that may be subject to damage in the course of performing the Works
of improvement. A minimum of forty-eight (48) hours, or two working days, prior to beginning
of construction, Developer shall notify Underground Services Alert (“USA”), telephone 1-800-
642-2444, to have existing facilities marked in the field.
12. PRE-CONSTRUCTION SURVEY
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Developer shall provide pre-construction color photographs prior to providing City with
Notice of Commencing work and upon completion of the Works of improvement, 35mm or
larger film size, of the work site including surrounding areas. Each photograph shall be marked
to indicate the date, name of work, and the location where the photograph was taken.
Photographs shall be taken at location intervals as directed by the Director of Public Works or
his/her designee. Developer shall provide a sufficient number of photos to show the condition of
the property before commencing the works of improvement and after completion of such work.
The Director of Public Works shall have the final word on the number of photos required.
Prints shall be submitted to the Director of Public Works in a three-ring photo album
binder with clear plastic-covered fillers, four photos each side, grouped according to street,
lateral, or line, and in sequence. Each group of prints shall be identified by a label that projects
beyond the edge of the filler and is easily recognized.
13. RELEASE, INDEMNIFICATION, INSURANCE, AND ONE YEAR EXCLUSIVE
RESPONSIBILITY
(a) Release and Indemnification
: Developer hereby releases and agrees to indemnify,
hold and save City, its officers, employees, and agents harmless from and against any
and all damage, injury, and/or death to persons and property, and any and all claims,
demands, costs, losses, damages, injuries or liability, including attorney’s fees,
howsoever caused, resulting directly or indirectly from the performance or
nonperformance of any and all work done or to be done pursuant to this Agreement,
including without limitation any made or suffered by Developer or Developer’s
agents, employees, contractors, or subcontractors. Developer shall not be required to
indemnify and hold harmless City as set forth above for liability attributable to the
sole fault of City, provided such sole fault is determined by agreement between the
parties or the findings of a court of competent jurisdiction.
Without limiting the generality of the foregoing indemnity, such indemnity obligation
expressly extends to and includes any and all claims, demands, losses, damages,
costs, expenses, fines, penalties, judgments or liability occasioned as a result of
damages to adjacent property caused by the conduct of the Work of improvement.
(b) Insurance
(i)
:
Errors and Omissions Insurance
: Developer hereby agrees to require each and
every design consultant involved in the design of any works of improvement to
carry errors and omissions insurance coverage (primary as to City) as to such
involvement in the minimum amount of two million dollars ($2,000,000) and
subject to requirement to provide extended claim reporting provision in the
insurance policy (“tail coverage”)..
(ii) Commercial General and Automobile Liability Insurance - Developer hereby
agrees to require each and every contractor or subcontractor involved in the
design or construction of any works of improvement to carry Commercial General
and Automobile Liability Insurance. This insurance shall protect contractors and
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subcontractors from claims for bodily injury and property damage which may
arise because of the nature of the work or from operations under this Agreement.
The coverage shall be at least as broad as Insurance Services Office (ISO)
Commercial General Liability coverage (occurrence Form CG 0001), ISO Form
G0009 11 88 Owners and Contractors Protective Liability Coverage – Coverage
for Operations of Designated Contractor) and Insurance Services Office Form
Number CA 0001 covering Automobile Liability, code 1 (any auto). Claims-
made policies will not be accepted. The insurance policy shall be endorsed to
name as additional insureds the City and its officers, employees and agents, using
ISO Form CG20 11 85 (attached hereto as Exhibit E), or equivalent language
approved by the City Administrative Services Director. This policy shall provide
coverage to each of the additional insureds with respect to the works of
improvement. Both bodily injury and property damage insurance must be on an
occurrence basis. Each policy shall be endorsed to provide primary coverage to
the full limit of liability stated in the declarations. If the additional insureds have
any other insurance or self-insurance against the loss covered by this policy, that
other insurance shall be excess insurance and not contribute with contractors and
sub-contractors’ policy.
(A) Amount of Coverage
(B)
- The bodily injury and property damage liability of
the Commercial General and Automobile Liability Insurance shall provide
coverage in the following limits of liability: $2,000,000 per occurrence for
the General Contractor and $1,000,000 per occurrence for subcontractors
with an annual general aggregate limit of not less than $2,000,000, and
$2,000,000 products and completed operations aggregate. The
Automobile Liability insurance policy shall provide minimum limits of
$1,000,000 per accident for bodily injury and property damage.
Included Coverage
- The Commercial General and Automobile Liability
Insurance shall also include all of the following coverages:
• Premises – Operations;
• Owner's/Independent Contractors and Contractor's Protective;
• Products - Completed Operations;
• Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.);
• Blanket Contractual Liability, including the indemnity agreement in
this contract;
• Separation of Insureds/Cross-Liability Provisions;
• Duty to Defend All Insureds;
• Deletion of any limitation on Coverage for Bodily Injury or Property
Damage Arising Out of Subsidence or Soil or Earth Movement;
• A provision that the annual general aggregate and the products and
completed operations annual aggregate shall apply separately to the
Works of improvement;
• Pollution Legal Liability Endorsement;
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11
• XCU - Explosion, Collapse, Underground Damage. (XCU may be
deleted with the City's prior written approval when not applicable to
operations performed by the Developer or its sub-contractors.)
(C)The certificate of insurance shall guaranty that the policy will not be
amended, altered, modified, or canceled without at least thirty (30) days
notice by registered mail to the Administrative Services Director, City of
Saratoga; 13777 Fruitvale Ave.; Saratoga, California 95070.
(D) In accordance with Insurance Code Section 11580.04, coverage shall not
extend to any indemnity coverage for the active negligence of the
additional insured in any case where any agreement to indemnify the
additional insured would be invalid under Civil Code Section 2782(b).
(v) The Administrative Services Director or the Public Works Director may modify
the insurance requirements on a situation-by-situation basis.
(c) City Acceptance Not a Waiver or Release; Non-waiver of Developer’s
Obligations
: Developer hereby agrees that notwithstanding any other provision of
this Agreement, USE BY ANY PERSON FOR ANY PURPOSE OF ANY AND ALL OF
THE WORKS OF IMPROVEMENT, SHALL BE AT THE SOLE AND EXCLUSIVE
RISK OF DEVELOPER UNTIL ONE (1) YEAR AFTER FINAL ACCEPTANCE BY
CITY OF THE COMPLETED WORKS OF IMPROVEMENT. It is further agreed that
the acceptance of said improvements by City shall not eliminate or reduce any of
Developer’s obligations or undertakings contained in this Agreement. The issuance
of any occupancy permit by City for any structure located within the subject
subdivision shall not be construed in any manner to constitute an acceptance and
approval of any or all of the Works of improvement in the subject subdivision.
14. LIABILITY FOR NONPERFORMANCE
Neither City nor any of its officers, employees or agents shall be liable to Developer or
its contractors for any error or omission arising out of or in connection with any work to be
performed under this Agreement.
15. LIABILITY FOR PERSONAL INJURIES
City shall not be liable to Developer or to any other person, firm or corporation
whatsoever, for any injury or damage that may result to any person or property by or from any
cause whatsoever in, on, or about the subject subdivision of the land covered by this Agreement,
or any part thereof.
16. OBLIGATIONS OF DEVELOPER
Notwithstanding the fact that Developer’s plans and specifications, completion of the
work, and other acts are subject to approval by the City, it is understood and agreed that any
86
12
approval by City thereof or any full or partial release of any improvement security shall not
relieve Developer from satisfactorily performing said Work of improvement or its obligations
under this Agreement. Compliance with the City’s standards, specifications and all applicable
laws, rules and regulations shall be the sole responsibility of the Developer. Developer hereby
warrants that its plans and specifications will comply with all of City’s standards, specifications
and ordinances and that the work done pursuant thereto shall be in conformity with the said
standards, specifications and ordinances and that they are adequate to accomplish the work in a
good workmanlike manner and in accordance with sound construction practices. This warranty
shall survive any review, inspection or approval by the Director of Public Works and any other
City officers, employees or agents.
17. WARRANTY AND MAINTENANCE OF WORK
Notwithstanding anything contained herein to the contrary, Developer further warrants
and guarantees to City the materials used and workmanship performed on the subject subdivision
for the maximum statutory period permitted under California law after completion and
certification thereof by the Director of Public Works. In addition, Developer shall maintain the
work for a period of one (1) year after acceptance of the work by City, or until all deficiencies in
the work are corrected to conform to the plans and City’s standards and specifications for the
work, whichever date is later.
18. NO WAIVERS
No waiver of any of the provisions of this Agreement shall constitute a continuing waiver
unless expressly provided. No course of dealing between Developer and City, or any delay on
the part of City in exercising any rights hereunder shall operate as a waiver of any rights by City,
except to the extent expressly waived in writing by City.
19. SUPPLYING “RECORD DRAWING” PLANS
Upon completion of the Works of improvement and prior to certification of completion,
Developer shall supply City, at no cost to City, one mylar (4 mils) set of “record” drawings.
These drawings shall be certified as being “record drawings” and shall reflect the improvements
as actually constructed, with all changes incorporated therein.
20. NOTICE AND CERTIFICATION OF COMPLETION
Developer shall advise the Director of Public Works in writing of the completion of the
Works of improvement herein specified and request certification of completion. Upon
determining the satisfactory completion of the Works of improvement by Developer the City
Engineer shall issue a certificate of completion. For the purposes of this Agreement, the date of
completion shall be the date that the City Engineer issues a certificate of completion. After
issuance of said certificate, as an alternate to submission of new and separate security for
purposes of guarantee and warranty, the retained amount of the Faithful Performance Security
may in the sole discretion of the Director of Public Works, be reduced to twenty-five percent
(25%) of the original amount.
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13
21. OWNERSHIP OF WORKS OF IMPROVEMENT
Upon acceptance of any Work of improvement by the City Council of the City of
Saratoga, such improvement shall become the property of the City without any compensation
paid to Developer or any other person.
22. ASSIGNMENT
This Agreement shall not be assignable by Developer without the written consent of the
City.
23. SURVIVAL OF REPRESENTATIONS
All promises, representations and warranties made by Developer pursuant to this
Agreement shall survive the completion of the transactions contemplated by this Agreement, the
acceptance of the work by City and any investigations or inspections made by or on behalf of
City.
24. MODIFICATION AND COMPLETE UNDERSTANDING; BINDING ON
SUCCESSORS AND ASSIGNS; RUNS WITH PROPERTY; ORIGINAL
DEVELOPER PRIMARILY LIABLE
This Agreement sets forth the complete understanding of the parties and supersedes all
prior agreements, understandings, negotiations and discussions, whether oral or written, of the
parties in connection with the subject matter thereof. No supplement, modification, discharge,
waiver or termination of this Agreement or any provisions hereof shall be binding unless
executed in writing by the parties to be bound thereby.
This Agreement shall be binding upon the successors and assigns of each of the parties.
Developer shall inform potential buyers of parcels of land created by the underlying subdivision
of the obligations on successors and assigns created by this Agreement. Developer shall provide
a copy of this executed Agreement to each potential buyer. Developer agrees to provide City
with acknowledgment of his/her disclosure to each potential buyer of their rights and
responsibilities under this Agreement pursuant to the form provided in Exhibit F. Developer
agrees that the sale of all or part of the lands of the underlying subdivision does not
automatically transfer from or in any way relieve the Developer of the duties to perform or the
security obligations of this Agreement. Those duties to perform and security obligations attach
to Developer as of the Effective Date of this Agreement and remain until all obligations of
Developer under this Agreement are fulfilled or transferred by substitution of a replacement
agreement and replacement securities acceptable to the City.
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25. HEADINGS NOT FOR CONSTRUCTION
The paragraph, subparagraph and section headings, if any, are not to be considered part
of this Agreement and are included solely for the convenience and are not intended to be full or
accurate descriptions of the contents thereof.
26. TIMING OF AGREEMENT
The Parties hereby agree that time is of the essence as to this Agreement.
27. AUTHORITY TO EXECUTE
Each of the signatories hereto warrants and represents that he or she has the authority to
sign this agreement and to bind any party on whose behalf said signature is made and/or to bind
any property with respect to which said signature is made.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto
on __________, 2___.
Date __________________
By:___________________________
Owner/Subdivider
Name
Title
Date __________________
By:___________________________
Owner/Subdivider
Name
Title
Date __________________
By:___________________________
Owner/Subdivider
Name
Title
Date __________________
By:___________________________
Owner/Subdivider
Name
Title
Date___________________
By: __________________________
City
James Lindsay
City Manager
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This Agreement shall be recorded. Owner(s) and Subdivider(s) signature(s)
INSTRUCTIONS
must each be
acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to
be recorded (California Civil Code §1169, et seq.)
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EXHIBIT A
The land referred to herein below is situated in the City of Saratoga, County of Santa Clara, State
of California and is described as follows:
A subdivision of Parcel “B”, as shown upon that certain Parcel Map which was filed for record
on September 15, 1986 in Book 565 of Maps, at Pages 1 & 2 Santa Clara County Records.
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EXHIBIT D
CONDEMNATION CLAUSE
Within ten (10) days of the Effective Date of this Agreement, Developer agrees to use
best efforts to commence negotiations for acquisition of the required easements. Developer shall
base his/her offers to purchase the roadway easement or right-of-way on appraisals prepared in
conformity with eminent domain law. Within sixty (60) days of execution of this Agreement,
Developer shall provide the City with written documentation of acquisition efforts, including
parties contacted, times of such contact, amounts offered, basis of offers, and property owners’
responses.
If developer has not acquire the required easements within sixty (60) days of the
Effective Date of this Agreement, Developer agrees to deposit with the City of Saratoga within
(70) days of the Effective Date of this Agreement a $ ____________N/A
_____________ cash
deposit to apply toward the costs required to acquire the roadway easement or right-of-way,
including attorney time, appraisal and engineering services. Upon receipt of the security, City
Attorney shall retain an appraiser and initiate negotiations with the property owners and, if
necessary, shall initiate and diligently pursue eminent domain proceedings. Both parties
acknowledge that the City Council of the City after authorizing staff to initiate eminent domain
proceedings may, in its sole discretion, based on substantial legal justification for good cause,
determine not to proceed or to abandon the eminent domain proceedings.
The City shall consider initiation of a condemnation action pursuant to Civil Code
Section 1001, Code of Civil Procedure Section 1245.325, Government Code Section 66462.5,
and Chapter 14 of the Saratoga City Code.
If the costs of acquisition are less than the required cash deposit, then the balance of the
cash deposit thereon shall be refunded to the Developer. If the City requires additional funds to
pursue eminent domain proceedings, the Developer shall submit such additional funds, within
thirty (30) days of a request by City.
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EXHIBIT E
FORM # CG 20 10 11 85
POLICY NUMBER: _______ COMMERCIAL GENERAL AND
AUTOMOBILE LIABILITY
______ ERRORS AND OMISSIONS
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY:
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
_______ COMMERCIAL GENERAL LIABILITY COVERAGE PART:
______ ERRORS AND OMISSIONS COVERAGE PART:
SCHEDULE:
Name of Person or Organization:
City of Saratoga and its officers, employees and/or agents
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of “your work”
for that insured by or for you.
SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF
OWNER AND GENERAL CONTRACTOR SHALL BE PRIMARY INSURANCE AS
RESPECTS TO ANY CLAIMS, LOSSES, OR LIABILITY ARISING DIRECTLY OR
INDIRECTLY FROM THE CONTRACTOR’S OPERATIONS AND ANY OTHER
INSURANCE MAINTAINED BY OWNER AND GENERAL CONTRACTOR SHALL BE
EXCESS AND NOT CONTRIBUTORY WITH THE INSURANCE PROVIDED
HEREUNDER.
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EXHIBIT F
ACKNOWLEDGMENT OF DISCLOSURE UNDER SECTION 24 TO THE ATTACHED
SUBDIVISION IMPROVEMENT AGREEMENT
I, _______________________________ (name of purchaser of parcel of property in the
subdivision known as ________________________, referred to as APN ______________, and
described more fully in Exhibit “1” to this Exhibit E), do hereby acknowledge that
__________________, and __________________, and __________________, and
__________________ (Developers), have fully informed me of my responsibilities under the
attached Subdivision Improvement Agreement. I understand that such Agreement shall be
binding upon me and on my successors and assigns. I further understand that by purchasing a
parcel of land created by the underlying subdivision reference above, I have certain obligations
created by this Agreement, which are binding upon me and on my successors and assigns. I have
received a copy of the Agreement executed between the City of Saratoga and Developer and
understand the responsibilities imposed on me by the Agreement.
IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser as set forth
below.
PURCHASER:
Date: __________________________________
By: ___________________________________
Name: _________________________________
Its: ____________________________________
568448.1
94
SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:Public Works
PREPARED BY:Emma Burkhalter, Assistant Engineer
SUBJECT:Final Acceptance of Subdivision Dedication –Subdivision Application No. SUB08-
0002 Quito Road
RECOMMENDED ACTION:
1.Move to accept offers of dedication within the Subdivision SUB08-0002.
2.Move to adopt the resolution rescinding the previously rejected Offers of Dedications and
accepting dedication of streets or portions of streets and trails within Subdivision SUB08-
0002 which includes incorporating the sidewalk and curb and gutter along a portion of Quito
Road into the City’s publicly maintained street system.
BACKGROUND:
Street dedications
All improvements within Subdivision SUB08-0002 located at 13686 Quito Road have been
completed. The developer was required to install new sidewalk and curb and gutter in front of
the four new lots along Quito Road to the railroad tracks, in addition to dedicating a 15,716
square foot portion of the street to the City. The developer was also required to dedicate a
pedestrian trail along the northern property line to the City. As of December 5, 2017, the
developer has completed the one-year maintenance period, and passed the final inspection.
It is therefore recommended the Council accepts the street and trail dedications and subdivision
improvements.
ATTACHMENTS:
Attachment A -Resolution Accepting Offers of Dedication for Subdivision SUB08-0002
Attachment B -Parcel Map of Subdivision SUB08-0002
Attachment C -City Council Resolution No. 14-020
95
Exempt under Gov Code §27383
Page 1 of 2
Recording requested by,
and to be returned to:
City of Saratoga
Attn. City Clerk
13777 Fruitvale Avenue
Saratoga, California 95070
RESOLUTION NO. 36-B-______
RESOLUTION ACCEPTING OFFERS OF DEDICATION
SUBDIVISION APPLICATION NO. SUB08-0002, 13686 QUITO ROAD
WHEREAS, conditions of approval for Subdivision Application No. SUB08-0002
required dedication of a public street along Quito Road, dedication of a new, public sidewalk and
curb and gutter along the frontage of the subdivision, and dedication of a pedestrian trail along
the northern property line; and
WHEREAS, offers of dedication satisfying the foregoing conditions of approval were
made in the subdivision map listed below.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby resolves as follows:
That portion of the City’s previous resolution No. 14-020 rejecting the dedication of certain
streets, sidewalks, curbs and gutters, and the pedestrian trail as shown on the following described
subdivision map:
Parcel Map recorded in book 871 of Maps, Pages 36 and 37 Santa Clara County Records
on April 28, 2014.
and as set forth in the City Clerk’s certification on said map, is hereby rescinded and the
previously rejected offers of dedication on said map are hereby accepted;
AND BE IT FURTHER RESOLVED, that all of the above streets which are accepted
under this resolution are hereby declared to be public streets of the City of Saratoga, County of
Santa Clara, State of California.
96
Exempt under Gov Code §27383
Page 2 of 2
The above and foregoing resolution was passed and adopted at a regular meeting of the
Saratoga City Council held on the 6th day of December, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________________
Nora Pimentel, City Clerk
948884.1
97
CONFORMED CVPY: This document has
not been compared with the original.
SANTA CLARA COUNTY CLERK - RECORDER
Statement of Owner Comunity Dave nt Dlrector'e 5taternent Surveyor's Statement TRACT MAP NUMBER 10055
WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE OR I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP AND HAVE DETERMINED THIS FINAL MAP WAS MADE BY ME OR UNDER MY DIRECTION, AND IS BASED UPON A
e
INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN THAT SAID FINAL P SUBSTANTI LY ONFORMS TO THE TENTATIVE MAP, AS FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP 004 Road Shqe FSib&Idon
ON THIS MAP; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO APPROVED ON THE DAY OF ''(FS, 20 Q AND THE CONDITIONS THEREON. ACT AND LOCAL ORDINANCE AT THE REQUEST OF LIBBY GLASS ON MAY 18, 2010. I
PASS A CLEAR TITLE TO SAID REAL PROPERTY; THAT WE HEREBY CONSENT TO THE HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE
MAKING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER DATE: S I APPROVED, OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY; THAT THE SURVEY BEING THE LANDS WITHIN THE CITY OF SARATOGA, LINE; AND THAT WE HEREBY OFFER FOR DEDICATION TO PUBLIC USE ALL STREETS IS TRUE AND COMPLETE AS SHOWN; THAT ALL MONUMENTS ARE OF THE CHARACTER,
AND PORTIONS OF STREETS NOT PREVIOUSLY EXISTING AS SHOWN ON THE MAP AND OCCUPY THE POSITIONS INDICATED, OR WILL BE SET IN THOSE POSITIONS ON CONVEYED TO ASSOCIATES I, A CALIFORNIA GENERAL
WITHIN SAID SUBDIVISION, AND ALSO DEDICATE TO PUBLIC USE EASEMENTS FOR ANY OR BEFORE DECEMBER 31, 2014. THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO PARTNERSHIP, BY DEED RECORDED IN DOCUMENT NUMBER
AND ALL PUBLIC USES UNDER, UPON AND OVER SAID STREETS AND SAID PORTIONS (
MMUNI
D ENABL E SURVE TO BE RETRACED. pL LAtj 13853819 OF THE OFFICIAL RECORDS OF SANTA CLARA COUNTYTHEREOF. DEVELOPMENT DIRECTOR G
OF SARATOGA, CALIFORNIA
WE ALSO HEREBY DEDICATE TO PUBLIC USE EASEMENTS FOR ANY AND ALL PUBLIC 1 0 ! JULY, 2010
SERVICE FACILITIES, INCLUDING POLES, WIRES, CONDUITS, GAS, WATER, HEAT MAINS GA . LAND, Lb 7367 4
AND ALL APPURTENANCES TO THE ABOVE, UNDER, UPON, OR OVER THOSE CERTAIN N0. 7367 - 5200 SOQUEL AVE, SUITE 101STRIPSOFLANDLYINGBETWEENTHEFRONTAND /OR SIDE LINES OF LOTS AND THE
DF. 12 -31 -15 SANTA CRUZ, CA 95062DASHEDLINESAND /OR THOSE CERTAIN AREAS LYING BETWEEN DASHED LINES EACH
DESIGNATED AS *PSI", (PUBLIC SERVICE EASEMENT). THE ABOVE MENTIONED PUBLIC TEL (831) 426 -5313
SERVICE EASEMENTS TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES rF of CA`fo
E N G 1 N E E R S
www.Manden9lneers.ccm
OF ANY KIND, EXCEPT PUBLIC SERVICE STRUCTURES, IRRIGATION SYSTEMS AND
APPURTENANCES THERETO, LAWFUL FENCES AND ALL LAWFUL UNSUPPORTED ROOF CIVIL ENGINEERING LAND PLANNING STRUCTURAL DESIGN
OVERHANGS.
WE ALSO HEREBY DEDICATE TO PUBLIC USE EASEMENTS FOR PEDESTRIAN TRAIL
PURPOSES OVER THOSE CERTAIN STRIPS of LAND DESIGNATED AND DELINEATED AS
C1t / Clerk's StatementPTE', (PEDESTRIAN TRAIL EASEMENT).
THERE ARE ALSO SHOWN ON THE HEREON MAP EASEMENTS, FOR SANITARY SEWER
I HEREBY STATE THAT THIS FINAL MAP DESIGNATED AS TRACT NO. 10053PURPOSES, DESIGNATED AND DELINEATED AS "PSSE , (PRIVATE SANITARY SEWER
EASEMENT), FOR THE INSTALLATION AND MAINTENANCE OF PRIVATE SANITARY SEWER "QUITO ROAD SINGLE FAMILY SUBDIVISION ", CONSISTING OF TWO, (2) SHEETS WAS
FACILITIES. THESE EASEMENTS ARE TO BE KEPT OPEN AND FREE FROM ALL APPROVED BY THE CITY COUNCIL .0 THE CITY OF SARATOGA, STATE OF
BUILDINGS AND STRUCTURES OF ANY KIND, EXCEPT IRRIGATION SYSTEMS AND CALIFORNIA, BY RESOLUTION NO.,
1
0_, AT A DULY AUTHORIZED MEETI G OF
APPURTENANCES THERETO, LAWFUL FENCES, AND ALL LAWFUL UNSUPPORTED ROOF SAID CITY COUNCIL HELD ON THE Z DAY OF Alai 1 20 , AND
OVERHANGS. THE MAINTENANCE, REPAIR, AND /OR REPLACEMEMT OF PRIVATE SANITARY THAT BY SAID RESOLUTION, ALL STREETS AND PORTIONS THEREOF, AND AL
SEWER FACILITIES SHALL BE THE SOLE RESPONSIBILITY OF THE LOT OWNERS EASEMENTS SHOWN ON SAID MAP, AND OFFERED FOR DEDICATION, WERE
BENEFITED, AS DETERMINED BY THE APPROPRIATE COVENANTS, CONDITIONS, AND REJECTED ON BEHALF OF THE PUBLIC, SAVE AND EXCEPT NONE, AND TO THE
RESTRICTIONS. SAID EASEMENT IS NOT OFFERED, NOR IS IT ACCEPTED FOR LIMITED EXTENT THAT ANY OFFERS FOR EASEMENTS FOR UTILITY PURPOSES,
DEDICATION BY THE CITY OF SARATOGA ALONG, OR BENEATH SAID STREET RIGHTS OF WAYS, THEN AS TO SUCH
EXPRESS, OR IMPLIED, OFFERS OF EASEMENTS FOR PUBLIC PURPOSES, THE SAME
ARE ACCEPTED.
i 3 i o
CRY T L 9BOELIO, CITY CLERK DATE
AS OWNERS: CITY -OF SARATOGA, CALIFORNIA --
ASSOCIATES PROPERTIES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
iVA
BY: 1
SHOHREH M EK -MANAGER City Engineer's Statement
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF TRACT 10055; THAT
THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED
ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL
PROVISIONS OF THE SUBDIVISION MAP ACT, AS AMENDED, AND OF ANY LOCAL
ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE
BEEN COMPLIED WITH.
Vc ESS
DATED:
w N0. C 58980 ,,,
EXP. 06 -30 -2015
IVETA HARVANCIK, RCE NO. 58980 4
R C
CITY Of-
EXPIRES 06 /50I 015
FORMA lF OF 'CA_\F
e'
City Surveyor's Statement
I HEREBY STATE THAT I HAVE EXAMINED THE HEREON FINAL MAP, AND 1 AM
SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT.
ACKNOWLEDGMENT:
STATE OF CA FO NIA O .. SS
COUNTY OF
r
sorft
rr ,,ttONM Ell, 904 , BEFORE ME,
A NOTARY PUBLIC, PERSONALLY APPEARED
WHO PROVED TO ME ON
THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON(8} WHOSE NAME(8+-
IS /AR4 SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT
ME /SHEfT4Cr EXECUTED THE SAME IN I4WHER /%4E R AUTHORIZED CAPACITYO",
AND THAT BY 4" /HERfPHEIR SIGNATURE* ON THE INSTRUMENT, THE PERSON14 OR
THE ENTITY UPON BEHALF OF WHICH THE PERSONW ACTED, EXECUTED THE
INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
Gana
COUNTY OF NOTARY'S
PRINCIPAL PLACE OF BUSINESS
YlC 1Q tn1'h Vtc.h
NOTARY NAME
4411.2b ap ob•a3Q0e
TE
ARY SIGNATURE
50119 rt
A SOILS REPORT, AND /OR GEOLOGIC REPORT, HAS BEEN PREPARED FOR THIS
PROPERTY BY ADVANCE SOIL TECHNOLOGY, INC., ENGINEERS, GEOLOGISTS, 4
ENVIRONMENTAL CONSULTANTS, DATED DECEMBER 22, 2008, A COPY OF WHICH
HAS BEEN FILED IN THE CITY OF SARATOGA.
oc' --
7 ZZ5-8-4 G Z
I k N.D
DATED:
O.
MARK A HELTON, LS 707 * IIP. 12-31-
L7078
16
CITY OF SARATOGA, CALIFORNIA
LICENSE EXPIRES 12 -31 -2014 Irl OF Cl ti
p
Recorder's Statement
FILE NUMBER: -Z1-52 714 Z FEE: S PAID
ACCEPTED FOR RECORD AND FILED IN BOOK IM I OF MAPS, AT PAGE(S) .3L -33
SANTA CLARA COUNTY RECORDS, THIS ,&46-DAY OF jqgtrl 201, AT _.L=L?M,
AT THE REQUEST OF LIBBY GLASS.
REGINA ALCO7ERAS,ZOU NTY RE RDER,
SANTA CLERA ,CALIFORNIA
BY:
EPU
SHEET NO. 1 OF 2 SHEETS
JOB NUMBER 03066
DK
3 3
3 G
98
Basis of 13earina5
THE CENTERLINE OF THE MONTPERE WAY RIGHT OF WAY
BETWEEN MONUMENTS FOUND AS SHOWN, AND AS NOTED ON
AMENDED MAP OF TRACT NUMBER 7798, QUITO ROAD ESTATES,
FILED FOR RECORD IN BOOK 573 OF MAPS, AT PAGE 42 4 43,
SANTA CLARA COUNTY RECORDS N 84'1414211 E.
40' 0' 20' 40' 80'
GRAPHIC SCALE: 1 INCH a 40 FEET
mb
FOUND 5/4" IRON
PIPE TAGGED
RCt 20597
FOUND 5/4" IRON +
PIPE TAGGED
RCE 20597
4SEWER
3/4" IRON N 105'44'03" W / .86' IN 05'45'18" W 244.741
W/ NO TAG- 219.86'
N 03'27'501 E, •` /; /
SANTA CL,,AI1O0RA/COUNTY
COUNTY 10' NWIDE I/
SEWERTLINE
N/ 4 / 1f ,r1 T5
STRICT NO.
0'
T PER 2551 R 525 /
LItJ1
EASEMENT ` / / MCTI V0. /798PER5844OR $1 0
573 M 42
SANTA CLARA COUNTY /
SANITATION DISTRICT
NO. 4, 101 WIDE SEWER
LINE EASEMENT PER
7394 OR 585 p / 3 ` \
b
t
4100 N
O~
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LINE TO BE
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S 05020'001 C 102 21'
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r LINE- SEE NOTE 1
S 0339'32" ry — — — ! AT RIGHT
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FLOOD C ONTROL
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23,486 SQ. FT. 0 30,086 SQ. FT. $ DRAINAGE . \
GROSS 4 NET t GROSS 4 NET qt ;
t PER
u
40 E496 OR 175 \ \ \
74:18' -
W 637.86'
Dedication 1290.849 t MONUMENT N0.846 /
tyO O 15,716 SQ. FT. Z Q `j ]
DEDICATED TO THE
I OF SARATOG
NJ
r
m
oa WIDE10
PSE
z .
Q 8.1s' \16: o _
S 05'20'001
6212' 207.53 CITY OFt'
N 10'81'48" W 511.85' 1280.44'1
E49a OR 7 PER
S 05'201001 E 552.20' (531.541
I
TRACT MAP NUMBER 10055
aub Rvold 5h4-s Fad 564vision
BEING THE LANDS, WITHIN THE CITY OF SARATOGA,
CONVEYED TO ASSOCIATES I, A CALIFORNIA GENERAL
PARTNERSHIP, BY DEED RECORDED IN DOCUMENT NUMBER
13853819 OF THE OFFICIAL RECORDS OF SANTA CLARA COUNTY
JULY, 2010 SCALE: 111 40'
XRIAM 5200 SOQUEL AVE, SUITE 101
SANTA CRUZ, CA 95062
ENGINEERS TEL(831)426 -5313
www.Mandenglneers.com
CIVIL ENGINEERING LAND PLANNING STRUCTURAL DESIGN
MONUMENT FOUND AS NOTED
o SET 3/4114011 GALVANIZED IRON PIPE, TAGGED LS 7367,
UNLESS OTHERWISE NOTED
SET LEAD PLUG 4 TAG, TAGGED LS 7367, UNLESS
OTHERWISE NOTED
e FOUND 2" BRASS DISK IN CONCRETE MONUMENT BOX, AS
NOTED
R4C RECORD AND CALCULATED
REM RECORD AND MEASURED
RECORD DATA IN CONFLICT WITH MEASURED DATA
PSE PUBLIC SERVICE EASEMENT
PTE PEDESTRIAN TRAIL EASEMENT
PSSE PRIVATE SANITARY EASEMENT
PIE PRIVATE IRRIGATION EASEMENT
INDICATES THE BOUNDARIES OF THE
LANDS SUBDIVIDED BY THIS MAP
ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF
THE TOTAL AREA OF LAND BEING SUBDIVIDED BY THIS MAP IS
2.95 ACRES / 128,582 SQUARE FEET
NOTE
TH EREIESHALL BE NO CONSTRUCTION OF STRUCTURES OR
IMPROVEMENTS OUTSIDE OF THE "LIMITS OF DEVELOPMENT"
LINE.
q SEWER LINE
EASEMENT PER \
9567 OR 452
m3 N 050201 W
r — $4.11' ! 141.53'
vv----,,
FOUND MONUMENT BOX -
MONUMENT NOT FOUND- —
SHOT CENTERLINE OF LID
BEARS N 8440' t, 0.07'
DISTANT
3413
I
3 wlv
N0 201W I
421.059' 142
V)
23V1
280.26'
i I
FOUND 3J4" IRON
PIPE- NO TAG
SHEET NO. 2 OF 2 SHEETS
JOB NUMBER 03066
k/
8" I
37.3a
33
3
N
N
DISK IN MONUMENT
Ne0
N
LIMITS OF
BOX TAGGED 20397
DEVELOPMENT
C4
LINE- SEE NOTE
4-2)
1 AT RIGHT
u
57 4 0
1t J1 v
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lu
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TRACTNO. Mg
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250.90 ob— o
85.03' j 48.22' \
F. o '° \ R C14 z 21.76' m u
tO ° LIMITS OFSEWEREASEMENT - S 05'20'00' E DEVELOPMENT \
r LINE- SEE NOTE 1
S 0339'32" ry — — — ! AT RIGHT
106.33'
Lot ot 4
RIGHT WAY,
FLOOD C ONTROL
u
C , \
4 STORM WATER o \
23,486 SQ. FT. 0 30,086 SQ. FT. $ DRAINAGE . \
GROSS 4 NET t GROSS 4 NET qt ;
t PER
u
40 E496 OR 175 \ \ \
74:18' -
W 637.86'
Dedication 1290.849 t MONUMENT N0.846 /
tyO O 15,716 SQ. FT. Z Q `j ]
DEDICATED TO THE
I OF SARATOG
NJ
r
m
oa WIDE10
PSE
z .
Q 8.1s' \16: o _
S 05'20'001
6212' 207.53 CITY OFt'
N 10'81'48" W 511.85' 1280.44'1
E49a OR 7 PER
S 05'201001 E 552.20' (531.541
I
TRACT MAP NUMBER 10055
aub Rvold 5h4-s Fad 564vision
BEING THE LANDS, WITHIN THE CITY OF SARATOGA,
CONVEYED TO ASSOCIATES I, A CALIFORNIA GENERAL
PARTNERSHIP, BY DEED RECORDED IN DOCUMENT NUMBER
13853819 OF THE OFFICIAL RECORDS OF SANTA CLARA COUNTY
JULY, 2010 SCALE: 111 40'
XRIAM 5200 SOQUEL AVE, SUITE 101
SANTA CRUZ, CA 95062
ENGINEERS TEL(831)426 -5313
www.Mandenglneers.com
CIVIL ENGINEERING LAND PLANNING STRUCTURAL DESIGN
MONUMENT FOUND AS NOTED
o SET 3/4114011 GALVANIZED IRON PIPE, TAGGED LS 7367,
UNLESS OTHERWISE NOTED
SET LEAD PLUG 4 TAG, TAGGED LS 7367, UNLESS
OTHERWISE NOTED
e FOUND 2" BRASS DISK IN CONCRETE MONUMENT BOX, AS
NOTED
R4C RECORD AND CALCULATED
REM RECORD AND MEASURED
RECORD DATA IN CONFLICT WITH MEASURED DATA
PSE PUBLIC SERVICE EASEMENT
PTE PEDESTRIAN TRAIL EASEMENT
PSSE PRIVATE SANITARY EASEMENT
PIE PRIVATE IRRIGATION EASEMENT
INDICATES THE BOUNDARIES OF THE
LANDS SUBDIVIDED BY THIS MAP
ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF
THE TOTAL AREA OF LAND BEING SUBDIVIDED BY THIS MAP IS
2.95 ACRES / 128,582 SQUARE FEET
NOTE
TH ERE IESHALL BE NO CONSTRUCTION OF STRUCTURES OR
IMPROVEMENTS OUTSIDE OF THE "LIMITS OF DEVELOPMENT"
LINE.
q SEWER LINE
EASEMENT PER \
9567 OR 452
m3 N 050201 W
r — $4.11' ! 141.53'
vv----,,
FOUND MONUMENT BOX -
MONUMENT NOT FOUND- —
SHOT CENTERLINE OF LID
BEARS N 8440' t, 0.07'
DISTANT
3413
I
3 wlv
N0 201W I
421.059' 142
V)
23V1
280.26'
i I
FOUND 3J4" IRON
PIPE- NO TAG
SHEET NO. 2 OF 2 SHEETS
JOB NUMBER 03066
k/
8" I
37.3a
33
FOUND 2" BRASS
DISK IN MONUMENT
BOX TAGGED 20397
4-2)
25.001 j
i
N 50'45181 W 115.001 MC
Ied
Q`
Z LOl 6I
c TNO. 779good
IL
0 I 0 573M42
N
f
t
z
t
FOUND 21 BRASS
2,Q21 DISK IN MONUMENT
S 05'4518" E BOX TAGGED 20597
0
LOT3 0
C TNO. 7793 Z
57 4 0
1t J1 v
v \ xi
0
lu
JZiu
lu
TRACTNO. Mg
bOr \ \ t9731114 lu
250.90 ob— o
85.03' j 48.22' \
F. o '° \ R C14 z 21.76' m u
tO ° LIMITS OFSEWEREASEMENT - S 05'20'00' E DEVELOPMENT \
r LINE- SEE NOTE 1
S 0339'32" ry — — — ! AT RIGHT
106.33'
Lot ot 4
RIGHT WAY,
FLOOD C ONTROL
u
C , \
4 STORM WATER o \
23,486 SQ. FT. 0 30,086 SQ. FT. $ DRAINAGE . \
GROSS 4 NET t GROSS 4 NET qt ;
t PER
u
40 E496 OR 175 \ \ \
74:18' -
W 637.86'
Dedication 1290.849 t MONUMENT N0.846 /
tyO O 15,716 SQ. FT. Z Q `j ]
DEDICATED TO THE
I OF SARATOG
NJ
r
m
oa WIDE10
PSE
z .
Q 8.1s' \16: o _
S 05'20'001
6212' 207.53 CITY OFt'
N 10'81'48" W 511.85' 1280.44'1
E49a OR 7 PER
S 05'201001 E 552.20' (531.541
I
TRACT MAP NUMBER 10055
aub Rvold 5h4-s Fad 564vision
BEING THE LANDS, WITHIN THE CITY OF SARATOGA,
CONVEYED TO ASSOCIATES I, A CALIFORNIA GENERAL
PARTNERSHIP, BY DEED RECORDED IN DOCUMENT NUMBER
13853819 OF THE OFFICIAL RECORDS OF SANTA CLARA COUNTY
JULY, 2010 SCALE: 111 40'
XRIAM 5200 SOQUEL AVE, SUITE 101
SANTA CRUZ, CA 95062
ENGINEERS TEL(831)426 -5313
www.Mandenglneers.com
CIVIL ENGINEERING LAND PLANNING STRUCTURAL DESIGN
MONUMENT FOUND AS NOTED
o SET 3/4114011 GALVANIZED IRON PIPE, TAGGED LS 7367,
UNLESS OTHERWISE NOTED
SET LEAD PLUG 4 TAG, TAGGED LS 7367, UNLESS
OTHERWISE NOTED
e FOUND 2" BRASS DISK IN CONCRETE MONUMENT BOX, AS
NOTED
R4C RECORD AND CALCULATED
REM RECORD AND MEASURED
RECORD DATA IN CONFLICT WITH MEASURED DATA
PSE PUBLIC SERVICE EASEMENT
PTE PEDESTRIAN TRAIL EASEMENT
PSSE PRIVATE SANITARY EASEMENT
PIE PRIVATE IRRIGATION EASEMENT
INDICATES THE BOUNDARIES OF THE
LANDS SUBDIVIDED BY THIS MAP
ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF
THE TOTAL AREA OF LAND BEING SUBDIVIDED BY THIS MAP IS
2.95 ACRES / 128,582 SQUARE FEET
NOTE
TH EREIESHALL BE NO CONSTRUCTION OF STRUCTURES OR
IMPROVEMENTS OUTSIDE OF THE "LIMITS OF DEVELOPMENT"
LINE.
q SEWER LINE
EASEMENT PER \
9567 OR 452
m3 N 050201 W
r — $4.11' ! 141.53'
vv----,,
FOUND MONUMENT BOX -
MONUMENT NOT FOUND- —
SHOT CENTERLINE OF LID
BEARS N 8440' t, 0.07'
DISTANT
3413
I
3 wlv
N0 201W I
421.059' 142
V)
23V1
280.26'
i I
FOUND 3J4" IRON
PIPE- NO TAG
SHEET NO. 2 OF 2 SHEETS
JOB NUMBER 03066
k/
8" I
37.3a
33
99
100
AVE.
METLER CT.
PONDEROSA
TERR.
DR.LYONSPINETREEQUITOROUNDTREE CT. TERR.PEACHTERR.ASPESI CT.POPLAR
ROUTE
TERR.
RAILROAD
85
PEREGO WAY ELWOOD
W A Y
RAVENWOODDR.M O N T P E R E
E S P A D A ELWOOD C T .LOQUAT CT.RAVENDR. CT.E L W O O D
D R .ALLENDALE AVE
SI TE MAP
Application Number:
Location:
APN:
Owner:
Date:
SUB08-0002
13686 Q uito Ro ad
403-24-001 and 403-24-008
Associates Properties, LLC
April 2, 2014
-0 250 500 750 1,000125Fe et
SITE
101
SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:Community Development
PREPARED BY:Sung H. Kwon, Senior Planner
SUBJECT:Proposed Modifications to the Sign Ordinance (Article 15-30) regarding
lighting on signs and enforcement of the prohibition of off-site signs in the
public right of way.
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.
BACKGROUND:
The City Council, on October 18, 2017, approved the Planning Commission’s recommended
changes to regulations for off-site signs in residential districts by introducing an ordinance that
was adopted on November 1. The Council further directed staff and the Commission to prepare
amendments that would make uniform the Code’s restrictions on lighting as an attention-getting
device. The City Council also directed staff and the Commission to develop enforcement tools
that would facilitate prompt removal of off-site signs on the public right of way in violation of
the City Code.
On November 8, 2017, the Planning Commission reviewed recommended changes to the sign
ordinance, considered public comments, discussed issues, and recommended approval of the
attached ordinance that would:
a) Generally prohibit lighting on temporary signs in most districts, and
b) Establish a streamlined process for immediate removal of illegal signs on public
right-of-way, with a subsequent 3-day notice to sign owners wishing to retrieve
their signs.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The December 6, 2017 Council public hearing was properly noticed in the Saratoga News on
November 24, 2017.
102
ATTACHMENTS:
Attachment 1 – Draft Ordinance
Attachment 2 – Signed Planning Commission Resolution No. 17-028
948716.1
103
1
ORDINANCE __________
AMENDING THE SARATOGA MUNICIPAL CODE WITH RESPECT TO LIGHTING
ON SIGNS AND ENFORCEMENT OF RULES PROHIBITING OFF-SITE SIGNS IN
THE PUBLIC RIGHT OF WAY
Findings
1.The City of Saratoga wishes to update and amend the City Code regarding lighting on
signs and enforcement of the prohibition of off-site signs on the public right of way.
2.The City Council referred this matter to the Planning Commission and the Planning
Commission held a hearing on November 8, 2017. Following consideration of all
testimony and written materials, the Planning Commission approved Resolution No. 17-
028 on November 8, 2017 recommending approval of this ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on December
6, 2017 and after considering all testimony and written materials provided in connection
with that hearing, introduced this Ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1.Adoption.
The Saratoga City Code is updated and amended as set forth in Attachment A. Text to be added
is indicated in bold double underlined font (e.g.,underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeout). Text in standard font is readopted by this Ordinance.
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.
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.
[Continued on next page.]
104
2
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 6th day of
December, 2017, and was adopted by the following vote following a second reading on the 20th
of December, 2017.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:ATTEST:
______________________________________________________________
Nora Pimentel
MAYOR OF THE CITY OF SARATOGA CITY CLERK
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
Attachment A - Amendments to Article 15-30 of the Saratoga Municipal Code
105
3
Attachment A – Amendments to Article 15-30 of the Saratoga Municipal Code
The sections of the Saratoga Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double-underlined text (example) and
text to be deleted in shown in strikethrough (example). Text in italics is explanatory and
is not an amendment to the Code.
Article 15-30 – SIGNS
15-30.060 - Signs allowed in any zoning district without a sign permit.
The following signs are allowed without a sign permit in any zoning district in the City:
(a)Flags, provided that they display only noncommercial messages. The aggregate area of
all flags displayed on any lot shall not exceed thirty square feet. No flagpole shall be
higher than twenty-five feet.
(b) Hand-held signs displaying noncommercial messages.
(c) Window signs, provided that the signs do not comprise more than twenty-five percent of
the area of any individual window.
(d) Temporary special event signs as approved under a special event permit issued per City
Code Article 10-10, provided that:
(1) No individual sign shall exceed ten feet in height and sixty square feet in area;
(2) The signs shall not be illuminated.
(3) No sign shall be thicker than one-half inch, except for support posts firmly
planted in the ground.
(4) A special event sign located on private property may incorporate balloons,
ribbons, streamers, or other attention-getting devices (excluding lights), provided
these devices are not displayed for more than twenty-four consecutive hours at a
time, nor more than six twenty-four-hour periods in any one year.
(5) No signs shall be located on private property without the permission of the
property owner.
(e) Temporary noncommercial signs (including, but not limited to, election signs), provided
that:
(1) No sign shall be displayed for more than seventy-five cumulative days within a
one-year period.
(2) No sign shall exceed four square feet in area and four feet in height.
(3) The sign shall not be illuminated.
(4) No sign shall be thicker than one-half inch, except for support posts firmly
planted in the ground.
(5) A temporary, noncommercial sign located on private property may incorporate
balloons, ribbons, streamers, or other attention-getting devices (excluding lights),
provided these devices are not displayed for more than twenty-four consecutive
hours at a time, nor more than six twenty-four-hour periods in any one year.
(6) No signs shall be located on private property without the permission of the
property owner.
106
4
(f) Temporary signs on lots with active construction. In addition to the temporary,
noncommercial signs allowed pursuant to subsection 15-30.060(e), up to two temporary,
nonilluminated on-site or noncommercial signs on any active construction site, provided
that:
(1) The sign shall be located on the same lot as the construction project.
(2) One sign may be freestanding, but in such case shall not exceed six feet in height.
(3) One sign may be located on a construction fence.
(4) No sign shall exceed fifteen square feet in area.
(g) Banners on light poles erected or cosponsored by a governmental entity.
(h) Traffic control signs and devices erected by a government entity. Lots with a parking area
exceeding ten spaces may have up to four signs for every ten parking spaces, where each
sign shall not exceed two square feet in area and four feet in height.
(i) Utility location signs, utility identification signs, and utility markers erected by a
governmental entity.
(j) City entrance signs. One permanent sign adjacent to an arterial street at each entrance to
the City. The total sign area of each sign shall not exceed fifty square feet.
(k) City median signs. Temporary signs in medians erected by a government entity at
locations and in such numbers and sizes approved by the City Manager. The City
Manager shall determine safe locations, numbers, and sizes for City median signs, and
shall make this information available to the public. Temporary signs displayed by others
at these approved locations are permissible if:
(1) No government entity is displaying its own sign(s) at the approved location(s);
(2) An application has been submitted to the City Manager to locate non-government
signs at the approved locations and the City Manager has authorized the use,
pursuant to procedures established by the City Council or City Manager;
(3) Temporary signs are non-commercial and announce events that (1) are
noncommercial; (2) will be held in Saratoga; (3) are open to the general public
and (4) are held by either (a) a nonprofit organization; (b) an individual or group
without charge; or (c) an individual or group with a charge for the purpose of
cost-recovery or raising funds on behalf of a nonprofit organization.
(4) The temporary signs comply with such other requirements as may be adopted by
the City Council or City Manager regarding the duration, size, installation and
related matters other than the content of the sign.
15-30.110 - Temporary on-site signs on lots in any sign district.
In addition to other signs allowed pursuant to this Article, temporary on-site signs that comply
with each of the following standards are allowed on lots in any of the four sign districts without a
permit:
(a) One temporary banner or freestanding on-site sign provided that:
(1)Temporary on-site banner shall comply with the following:
a. The banner shall only be placed on a building.
b. The banner shall not exceed ten square feet in area.
c. The banner shall be constructed of durable all-weather fabric or synthetic
material.
107
5
d. Each lot shall be free of temporary on-site banners at least one hundred
eighty days in a calendar year.
e. No individual temporary on-site banner shall be displayed more than thirty
consecutive days.
(2)Temporary on-site freestanding sign (including, but not limited to, A-frame type
sign) shall comply with the following:
a.The sign shall only be located within ten feet from the primary entrance to
the building and shall not impede pedestrian travel.
b.The sign shall not exceed six square feet in area and four feet in height.
c.The sign shall not be affixed to any tree or structure.
d.The sign shall only be displayed when the business is open.
e. The sign shall be constructed of durable all-weather wood, metal, and/or
blackboard.
(b) No business shall display more than one temporary on-site sign at any one time.
(c)No temporary on-site sign shall be located within ten feet of another temporary sign.
(d) No temporary on-site sign shall be illuminated.
(e)No temporary on-site sign shall include balloons, ribbons, streamers, lights, or other
attention-getting devices.
(f)No temporary on-site sign shall be located on any median, street, or travel lane, or upon
any sidewalk where it impedes pedestrian travel.
15-30.120 - Signs on lots with institutional, public, or quasi-public uses.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with an institutional, public, or quasi-public use anywhere in the City:
(a)Building signs: Any number of permanent building sign(s) on any lot are allowed with a
sign permit, provided that:
(1)The aggregate area of all permanent building sign(s) shall not exceed forty square
feet.
(2) No individual permanent building sign shall be greater than ten square feet in
area.
(b) Freestanding signs: Up to two permanent freestanding sign(s) per street frontage, or one
permanent freestanding sign per driveway, whichever is greater are allowed with a sign
permit provided that:
(1) The aggregate area of all permanent freestanding sign(s) shall not exceed forty
square feet.
(2) No individual permanent freestanding sign shall exceed ten feet in height and the
aggregate height of all such signs shall not exceed fifteen feet.
(c) Temporary signs: On-site temporary signs are allowed without a sign permit, provided
that the aggregate area of all such signs shall not exceed forty square feet or one-eighth
square foot of area for each lineal foot of street frontage, whichever is greater. In no case
shall the aggregate total of all temporary on-site signs exceed eighty square feet. If the
property has more than one street frontage, the total area of on-site temporary signs shall
be proportional to the lineal feet of such street frontage.
(1) No individual temporary on-site sign shall be displayed on a building for more
than thirty consecutive days.
108
6
(2) Up to two temporary on-site signs may be displayed on a single permanent,
freestanding, dark-colored, durable, all-weather wood or metal frame structure.
a.The maximum height of the structure shall be six feet.
b.One structure may be located on each street frontage.
c. No individual sign shall be displayed on such freestanding structure for
more than one hundred eighty consecutive days.
d.No temporary on-site sign shall include lights.
15-30.140 - Temporary on-site sign on lots with residential properties actively marketed for
sale or lease.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with residential properties actively marketed for sale or lease without a permit:
(a)One temporary on-site sign may be located on a property that is actively marketed for
sale or lease, provided that:
(1)The sign shall not exceed four square feet in area and six feet in height.
(2) The sign shall not include balloons, ribbons, streamers, lights, or other attention-
getting devices.
15-30.145 - Temporary on-site sign on lots with commercial properties actively marketed
for sale or lease.
In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots
with commercial properties actively marketed for sale or lease without a permit:
(a) One temporary on-site sign per use may be located on a property that is actively marketed
for sale or lease, provided that:
(1)The sign area for any one use shall not exceed ten square feet. If the sign is
advertising three or more uses, it shall not exceed twenty-four square feet in area.
(2) No sign shall exceed six feet in height.
(3) No sign shall include balloons, ribbons, streamers, lights, or other attention-
getting devices.
15-30.190 - Sign conformance, violations and abatement of illegal signs.
(a) Illegal signs.Any sign, including its supporting structure, other than a legal
nonconforming sign, as defined in subsection 15-30.190(b), that is in violation of this
Article shall be deemed to be a public nuisance and shall be made to immediately
conform by written notice.
(b) Legal nonconforming signs.A "legal nonconforming sign" is a permanent sign that was
in existence on the effective date of the ordinance adopting this Article and that does not
conform to the provisions of this Article.
(1) A permanent "legal nonconforming sign" shall not be considered an "illegal sign",
or in violation of this Article, or required to be removed or made to conform,
unless:
a. It is altered or relocated, or
b. A conditional use permit for a new use, or design review pursuant to City
Code Section 15-46.060, is required for the property on which the "legal
nonconforming sign" is located.
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(2) Temporary signs and window signs are not considered permanent legal
nonconforming signs for the purposes of this Article.
(3) The owner of the sign shall bear the burden of demonstrating to the Director that
the sign was in existence on the effective date of the ordinance adopting this
Article, and the Director's determination shall be final.
(4) Notwithstanding the foregoing, all legal nonconforming signs must comply with
the maintenance requirements of subsection 15-30.030(i).
(c)Illegal signs on public property.
(1)Any sign other than an off-site sign located upon or affixed to any public
property in violation of the provisions of this Article is subject to removal, upon
the City giving at least three days' prior written notice of such violation and
intended removal to the sign owner. If the sign owner cannot be ascertained or
found after reasonable efforts to do so, the notice shall be posted upon the sign for
a period of at least three days prior to the removal of the sign. Any such sign that
constitutes an immediate and substantial hazard to the public health or safety may
be promptly abated and removed with written notice of the removal provided to
the sign owner, or without notice if the owner cannot be promptly ascertained.
(2)Notwithstanding any other provision of this Code, any off-site sign located
upon or affixed to any public property (including but not limited to any
median, street, travel lane, sidewalk, or landscaping/parkway strip located
between a sidewalk and street) in violation of the provisions of this Article is
subject to immediate removal. The City shall make a reasonable attempt to
identify the owner of the sign and shall mail notice of the removal to the
owner of the sign within three business days of the date of removal. A sign
that has been removed pursuant to the paragraph shall be retained by the
City and may be retrieved by the owner in accordance with subsection 15-
30.190(d).
(d) Sign removal.Except as provided in subsection 15-30.190(b), all signs presently existing
and not in conformity with the provisions of this Article constitute a violation of this
Code and shall be removed or made to conform to the provisions of this Article.
(1) Any sign removed pursuant to this Article will be retained by the City for a period
of at least ten days, during which the sign owner may retrieve the sign upon
payment of all removal costs or an administrative fine established by the City
Council, whichever is greater. Any person desiring to contest such payment may
request a hearing before the Community Development Director, who shall waive
the payment if he determines that the sign did not violate any provisions of this
Article. The decision of the Community Development Director can be appealed to
the City Council.
(2) Any sign not retrieved within the ten-day period shall conclusively be deemed to
have been abandoned by the owner thereof and may be destroyed or otherwise
disposed of by the City. The City shall have the right to recover from the owner of
such sign all removal and destruction costs.
(e) Violation.Each sign found to be in violation of any provision of this Article shall
constitute a separate violation of this Code.
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(f) Additional enforcement.The enforcement of sign regulations pursuant to this Section
shall be in addition to any other rights and remedies available to the City under Chapter 3
of this Code by reason of the same violation.
948261.2
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SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:City Attorney
PREPARED BY:Richard Taylor, City Attorney
SUBJECT:Annual Code Update for 2017
RECOMMENDED ACTION:
Conduct the public hearing, introduce and waive the first reading of the attached ordinance
updating various provisions of the City Code and rescinding and issuing the final report on the
Marijuana Cultivation Urgency Interim Ordinances, and direct staff to place the matter on the
consent calendar for the next regular meeting of the City Council.
BACKGROUND:
Each year the City adopts a number of cleanup amendments to the City Code to clarify
ambiguities, comply with state laws, and conform to new best practices that have changed since
the Code was adopted. At the City Council meeting of October 4, 2017 staff identified a number
of changes for Council consideration and the City Council referred matters in the Subdivision
and Zoning portions of the Code to the Planning Commission for its review. On November 8 the
Planning Commission recommended adoption of those proposed amendments in Resolution
Number 17-026.
The Code changes in the ordinance included as Attachment A are:
1.Commission Chairs
This set of updates addresses unexpected vacancies in the Commission chair position. They
amend the City Code to allow a term of up to 18 months as chair if six of those months are to fill
an unexpected vacancy in the position.
2.Peddlers and Solicitors
These changes make the Code’s rules regarding peddling/soliciting at night or on private
property and compliance with “no solicitors” signs, distributing on private premises, and
distributing samples explicitly applicable to businesses providing peddler or solicitor services
and not just the peddler or solicitor in the field.
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3.Marijuana Businesses and Outdoor Cultivation
Since the Council’s adoption of regulations concerning marijuana businesses and outdoor
cultivation early in 2017, the State has adopted new legislation that changes the definition of
cannabis and commercial cannabis activity and that anticipates state licensing of cannabis
nonprofits. These amendments update the Code so that its provisions track the terms used in
state law and address marijuana activities by nonprofits.
4.Definition of Animal Establishment
The City Code currently requires Animal Establishments to obtain a license and meet a number
of requirements intended to protect the welfare and safety of both animals kept in these
establishments and the public. However, the definition of Animal Establishments is very broad.
This amendment would limit the City’s rules regarding Animal Establishments to those that keep
or board animals overnight.
5.Animal-related Hearings
These amendments would adopt for appeals of animal-related enforcement actions the same
appeal hearing procedures that are used for all other enforcement actions.
6.Standards for Animal Establishments
See item 4.
7.Repealing Horse Licensing Requirements
The City Code currently requires horse owners in the City to obtain a license. This provision has
not been enforced for many years. This amendment would remove the licensing requirement.
8.Parking Regulations
These amendments would make changes in two policy areas. The City Code currently requires
that the City Council find an area to be “congested” as a condition for adopting parking
regulations. Because parking regulations are often needed for reasons other than congestion, the
first change would replace the congestion determination with a determination by the Council that
the parking regulation is in the interest of the public welfare. The second change would allow
City staff to designate temporary no parking areas (with at least 72 hours advance notice) to
accommodate special events.
9.Exceptions to subdivision design and improvement requirements
Existing Code provisions reference an incorrect code section where to locate the minimum
design standards for lot area, frontage, width, and depth when requesting an exception to the
standards for a subdivision. This amendment would correct the cross-reference.
10.Location of Building Sites
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This change corrects a typographical error. The sentence which states that a variance can be
granted subject to findings for construction on a lot with excessive slope ends with the word
“and”. This amendment would delete the word “and.”
11.Setbacks for Nonconforming Sites
Any parcel which does not conform to the applicable standard for lot width or depth for the
zoning district is considered to be a nonconforming site. Article 15-65 (Nonconforming Uses and
Structures) includes provisions which allow for reduced setbacks based on a sites width or depth
instead of a fixed number for a conforming site. The provisions for many of the City’s zoning
districts do not reference Article 15-65 even though it is applicable. The amendments in this
section of the ordinance would make that clarification.
12.Planning Commission Design Review
This amendment would correct a cross-reference to the design review findings.
13.Identification of Trees Proposed for Removal
This amends the City Code to modify the story pole requirements to also require marking trees
requested for removal as part of the requested approval. (Markings can include, but not be
limited to, fluorescent tape wrapped around the trees trunk or the tree can be marked with paint.)
14.Heritage Tree Definition Reference
This amendment would correct a Code provision which specifies the type of trees requiring a
permit for removal to include a correct reference to the definition of heritage tree.
15.Marking Trees to be Removed for Design Review, Subdivisions, or Building Permit
Review
See item 13 above.
16.Minimum Floor Area and Permitting Requirements of Accessory Dwelling Units
Existing accessory dwelling unit code provisions require a minimum floor area of 400 square
feet. The Policy Program of the 2015-2023 Housing Element recommended that the minimum
floor area requirement be eliminated and the implementation ordinance for the Housing Element
did include this amendment. The January 2017 update to Article 15-56 (Accessory Dwelling
Units) mistakenly included a minimum floor area of 400 square feet. This amendment would
remove this requirement consistent with the Housing Element.
17.Marijuana Land Uses
The City Council adopted comprehensive health and safety regulations concerning marijuana
businesses and cultivation in Article 6-30 earlier this year. This amendment would conform the
zoning ordinance (which currently addresses only medical marijuana dispensaries) to conform
with Article 6-30. This amendment also addresses the issues that led the Council to adopt
urgency interim ordinances imposing and extending a temporary moratorium on the outdoor
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cultivation of marijuana in the City of Saratoga. Accordingly, the attached ordinance would
repeal those interim ordinances. It would also satisfy state law requirements by issuing a written
report describing the measures that the City has taken to address the conditions that led to the
adoption of the temporary moratorium. The report is included as Attachment B to this staff
report.
18.Repeal of Article 16-72 (Construction and Demolition Debris)
In 2002 the City began requiring certain construction projects to submit and comply with a plan
for reusing and recycling construction and demolition debris. This subject is now covered by the
California Green Building Code which takes precedence over the City’s ordinance. This
amendment would repeal Article 16-72 to ensure that contractors and residents are not confused
as to which rules apply.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of the public hearing was published in the Saratoga News on [date].
ATTACHMENT:
Attachment A – 2017 Annual Code Update Ordinance
Attachment B – Government Code Section 65858(d) Final Written Report for Ordinance Nos.
343 and 343A.
948850.1
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ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE ARTICLES 2-12 (COMMISSION PROCEDURES); 2-15 (PLANNING
COMMISSION PROCEDURES); 4-50 (SOLICITATION); 6-30 (MARIJUANA); 7-20
(ANIMALS); 9-15 (PARKING ); 14-35 (SUBDIVISION IMPROVEMENTS); 15-12
(SINGLE FAMILY RESIDENTIAL DISTRICTS); 15-11, -18, -19, and -20 (SETBACKS),
15-45 (DESIGN REVIEW); 15-50 (TREES); 15-56 (ACCESSORY DWELLING UNITS);
15-80 (MARIJUANA LAND USES); AND 16-72 (CONSTRUCTION AND DEMOLITION
DEBRIS); AND RESCINDING AND ISSUING A WRITTEN REPORT FOR
ORDINANCE NUMBERS 343 AND 343A (TEMPORARY MORATORIUM ON THE
OUTDOOR CULTIVATION OF MARIJUANA).
The City Council of the City of Saratoga finds that:
1. The City Code of the City of Saratoga requires periodic updates to reflects changes in law,
provide clarification to the community, and provide for improved customer service and
administration of City business.
2. The City Council referred the amendments to Saratoga Municipal Code Chapters 14 and 15 in
this ordinance to the Planning Commission and the Planning Commission held a hearing on those
amendments on November 8, 2017. Following consideration of all testimony and written
materials, the Planning Commission approved Resolution No. 17-026 on November 8, 2017
recommending that the City Council adopt the amendments to Chapters 14 and 15 set forth
herein.
3. The City Council of the City of Saratoga held a duly noticed public hearing on December 6,
2017, and after considering all testimony and written materials provided in connection with that
hearing introduced this ordinance and waived the reading thereof.
4. On November 8, 2016, California voters adopted the Control, Regulate and Tax Adult Use of
Marijuana Act (“AUMA”, also known as Proposition 64). In anticipation of the passage of the
AUMA, the City Council adopted Ordinance No. 343 on November 2, 2016, which imposed a
45-day temporary moratorium on the outdoor cultivation of marijuana pursuant to Government
Code section 65858(b). On December 7, 2016, the City Council adopted Ordinance No. 343A,
which extended the temporary moratorium to October 22, 2018.
5. Government Code section 65858(d) provides that prior to the expiration of Ordinance Nos. 343
and 343A, the City Council must issue a written report describing the measures being taken by
the City to alleviate the circumstances and conditions which led to the adoption of those
Ordinances (“Written Report”). As described in the Written Report, the circumstances and
conditions that led to the adoption of those ordinances have been alleviated by the adoption of
comprehensive regulations addressing the cultivation of marijuana in the City of Saratoga.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1.Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
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Section 2.Repeal of Urgency Interim Ordinance Nos. 343 and 343A
Ordinance No. 343, an Urgency Interim Ordinance Imposing a Temporary Moratorium on the
Outdoor Cultivation of Marijuana in the City of Saratoga for a Period of 45 Days Pending a Studyof
Zoning Regulations that Are Needed to Alleviate a Current and Actual Threat to the Public Health,
Safety and Welfare, and Ordinance No. 343A, an Urgency Interim Ordinance Extending a Temporary
Moratorium on the Outdoor Cultivation of Marijuana In the City of Saratoga for a Period of 22
Months and 15 Days to October 22, 2018 Pending a Study of Zoning Regulations that Are Needed to
Alleviate a Current and Actual Threat to the Public Health, Safety and Welfare are hereby repealed.
Section 3. Final Written Report
The City Council issues the final written report attached as Attachment B to the staff report for this
Ordinance describing the measures and actions taken by the City to alleviate the circumstances and
conditions which led to the adoption of Ordinance Nos. 343 and 343A, as required by Government
Code section 65858(d).
Section 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 5. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance the amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would
have a de minimis impact on the environment.
Section 6. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga
within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of
the City Council of the City of Saratoga held on the 6th day of December, 2017 and was adopted by the
following vote on December 20, 2017.
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COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Nora Pimentel, CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
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2017 Annual Code Update - Page 1
Exhibit A - 2017 Saratoga Municipal Code Update
The sections of the Saratoga Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double-underlined text (example) and
text to be deleted in shown in strikethrough (example). Text in italics is explanatory and
is not an amendment to the Code.
1.Commission Chairs
2-12.080 - Rules of procedure.
(a) The following Sections of this Chapter pertaining to meetings conducted by the City
Council shall be applicable to all meetings conducted by Commissions:
2-10.020(b)
2-10.030 through 2-10.080
2-10.110(c), (d), (f) and (g)
2-10.120 through 2-10.170
As so applied to a Commission, all references therein to City Council or Council member
shall be deemed to mean the Commission or Commissioner to which the Section is applied.
All references therein to the Mayor shall be deemed to mean the Chair of the Commission;
and all references therein to the City Clerk shall be deemed to mean the secretary of the
Commission.
(b) The failure of passage of any motion before a Commission shall be deemed a denial of
the motion; provided, however, a motion failing by reason of an evenly split vote by the
Commission at a meeting where not all Commissioners are present shall be agendized and
voted upon at the next regular meeting of the Commission at which a quorum is present.
(c) Each Commission shall elect a Chair to serve a twelve month term. In the event of a
vacancy in the Chair position, the Commission shall elect a Chair to serve the
remainder of the term. If fewer than 6 months remain in the term, the Commission
may, but is not required to, elect a new Chair to a term that includes the remainder
of the unexpired term and the next twelve month term as Chair. The combined term
may not exceed 18 months. No person shall serve as Chair of the same Commission more
than one term of six months of more during a single full term on the Commission.full
term in any four year period.
(d) In addition to the rules made applicable to Commissions as specified in paragraph (a) of
this Section, each Commission shall have authority to adopt such other rules and
procedures as it deems appropriate for the orderly and efficient conduct of its business
which are not inconsistent with the provisions of this Code.
(e) The City Manager or his or her designee shall be the secretary of each Commission unless
otherwise specified by the ordinance or resolution establishing the Commission.
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2017 Annual Code Update - Page 2
(f) This Section 2-12.080 shall not apply to the Planning Commission which shall follow
the rules of procedure set forth in Section 2-15.050 of this Code.
2-15.050 - Rules of procedure.
(a) Application of other Sections.The following Sections of this Chapter pertaining to
meetings conducted by the City Council shall be applicable to all meetings conducted by
the Planning Commission:
2-10.020(b)
2-10.030 through 2-10.080
2-10.110(c), (d), (f) and (g)
2-10.120 through 2-10.170
As so applied to the Planning Commission, all references therein to City Council or Council
member shall be deemed to mean Planning Commission or Commissioner; all references
therein to the Mayor shall be deemed to mean the Chairman of the Planning Commission;
and all references therein to the City Clerk shall be deemed to mean the Secretary of the
Planning Commission.
(b) Rejected motions and evenly split votes.The failure of passage of any motion before
the Planning Commission shall be deemed a denial of the motion; provided, however, a
motion failing by reason of an evenly split vote by the Planning Commission at a meeting
where six or less Commissioners are present shall be agendized and voted upon at the next
regular meeting of the Planning Commission at which a quorum is present, unless, within
ten days after the date on which the split vote is taken, the applicant files an appeal to the
City Council, in which event, the split vote shall be deemed a final denial by the Planning
Commission of the motion. If no appeal to the City Council is filed and the motion fails for
any reason (including an evenly split vote) at the subsequent meeting, then the same shall
at that time be deemed a final denial by the Planning Commission of the motion.
(c) Adoption of rules and procedures.In addition to the rules made applicable to the
Planning Commission as specified in Paragraph (a) of this Section, the Commission shall
have authority to adopt such other rules and procedures as it deems appropriate for the
orderly and efficient conduct of its business which are not inconsistent with the provisions
of this Code.
(d) Secretary of Commission.The Community Development Director shall act as Secretary
of the Planning Commission.
(e) Chair.The Commission shall elect a Chair to serve a twelve month term. In the event of
a vacancy in the Chair position, the Commission shall elect a Chair to serve the
remainder of the term. If fewer than 6 months remain in the term, the Commission
may, but is not required to, elect a new Chair to a term that includes the remainder
of the unexpired term and the next twelve month term as Chair. The combined term
may not exceed 18 months.No person shall serve as Chair of the Planning Commission
more than one term of six months or more during any term on the Commission.full
term in any four year period.
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2017 Annual Code Update - Page 3
2.Peddlers and Solicitors
4-50.020 - Permit and license required.
No peddler or solicitor (including a business providing peddler or solicitor services and
employees and independent contractors of any such business) shall engage in business in the
City without first having obtained a permit to do so pursuant to this Article. Any Ssuch
business providing peddler or solicitor services including a self-employed peddler or
solicitor persons shall also apply for and obtain a business license pursuant to Article 4-05 of
this Chapter, and pay the license fee specified in Section 4-05.100, unless exempted from the
payment of such fee under Sections 4-05.160 and 4-05.170.
4-50.080 - Peddling or soliciting at night.
No peddling or soliciting shall be conducted in the City before the hour of 8:00 A.M. of any day,
or after the hour of 8:00 P.M. of any day; provided, however, this restriction shall not apply to
any meeting between the peddler or solicitor and a customer arranged by appointment with the
customer. This section applies to peddlers, solicitors, businesses providing peddler or
solicitor services, and employees and independent contractors of any such business.
4-50.085 - Peddling or soliciting on private property.
No peddler or solicitor may remain on private property unless invited to remain by an owner or
adult occupant or other person in control of the premises to be thereupon for such purpose or
after any person offered peddled wares or solicited has informed the peddler or solicitor by
words or conduct that such person does not want to be offered such wares or solicited or does not
want to give money or any other thing of value to the peddler or solicitor. This section applies
to peddlers, solicitors, businesses providing peddler or solicitor services, and employees and
independent contractors of any such business.
4-50.090 - Compliance with "No Solicitors" signs.
No person shall peddle or solicit, or attempt to peddle or solicit, at or upon the premises of any
residential dwelling unit or business establishment where a "No Solicitors" or "No Trespassers"
or similar sign is posted upon the premises in such manner as to be observable by persons who
may wish to enter thereon. This Section applies to any form of peddling or soliciting for any
purpose whatsoever, including, but not limited to, solicitation on behalf of any charitable
organization or activity. This section applies to peddlers, solicitors, businesses providing
peddler or solicitor services, and employees and independent contractors of any such
business.
4-50.100 - Distributing on private premises.
No person shall cast, throw, distribute, deposit, scatter, pass out, give away, circulate or deliver
any commercial or business handbill, circular or other advertising material or device to any
residence or business, or leave the same upon any yard, driveway, porch, doorstep or vestibule
thereof, or in any public hallway thereof, or upon any vacant lot or other private property in the
city, without first having obtained the express consent, or upon the express request, of an adult
resident or occupant thereof. This section applies to businesses providing distribution
services, and employees and independent contractors of any such business.
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2017 Annual Code Update - Page 4
4-50.110 - Samples and merchandise on private premises.
No person shall cast, throw, distribute, deposit, scatter, pass out, give away, circulate or deliver
to any premises any commercial advertising sample or device or other merchandise of any kind,
except into the hands of an adult person who resides upon or occupies such premise. This
section applies to businesses providing distribution services, and employees and
independent contractors of any such business.
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3.Marijuana Businesses and Outdoor Cultivation
Article 6-30 – Marijuana
6-30.010 – Purpose of Article.
This Article is intended to prohibit the establishment of commercial marijuana businesses and all
outdoor cultivation of marijuana within the City, and to further regulate the personal indoor
cultivation of marijuana authorized by state law, in order to protect the health and safety of the
City’s residents. This Article is intended to conform to state law, including the Compassionate
Use Act, the Medical Marijuana Program Act, the Medical Marijuana Regulation and Safety Act,
and the Control, Regulate and Tax Adult Use of Marijuana Act, and the Medicinal and Adult-
Use Cannabis Regulation and Safety Act. Consequently, this ordinance shall be interpreted to
conform to such laws to the maximum extent feasible. In interpreting the terms of this ordinance,
it is appropriate to look to the use and interpretation of those terms in applicable state law for
guidance.
6-30.020 – Definitions.
The following definitions apply throughout this Article.
(a) “Commercial marijuana activity” means the sale or exchange for valuable
compensation consideration of marijuana and marijuana products, or the provision of
marijuana or marijuana products by a nonprofit,and the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging,and labeling
of marijuana and marijuana products intended for sale or exchange for valuable
compensation consideration or provision by a nonprofit.
(b) “Cultivation” means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
(d) “Fully enclosed and secure structure” shall mean a fully-enclosed space within a
building that complies with Chapter 16 of the Saratoga Municipal this Code, or if not
subject to that Chapter, that has a complete roof and a foundation, slab or equivalent base
to which the floor is secured and that is secure against unauthorized entry and accessible
only through one or more lockable doors. Walls, doors, windows, and roofs must be
constructed of solid and firm material such as wood, metal, or, in the case of windows,
glass. Plastic sheeting or similar products do not satisfy this requirement.
(e) “Marijuana” means all parts of the plant Cannabis sativa Lannaeus, Cannabis
indica, or Cannabis ruderalis L., whether growing or not; the seeds thereof; the resin,
whether crude or purified, extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It
does not include (i) industrial hemp or (ii) the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature
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2017 Annual Code Update - Page 6
stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed
of the plant which is incapable of germination.the weight of any other ingredient
combined with marijuana to prepare topical or oral administrations, food, drink, or other
product. As defined, marijuana includes cannabis and both medical/medicinal and
nonmedical/adult-use marijuana/cannabis.
(f) “Marijuana products” means marijuana that has undergone a process whereby the
plant material has been transformed into a concentrate, including, but not limited to,
concentrated cannabis, or an edible or topical product containing marijuana or
concentrated cannabis marijuana and other ingredients.
(g) “Outdoor” shall mean any location within the City of Saratoga that is not within a
fully enclosed and secure structure.
(h) “Private residence” is defined as a house, an apartment unit, a mobile home, or other
similar dwelling.
6-30.030 – Commercial Marijuana Activity – Prohibited.
The establishment or operation of any commercial marijuana activity in the City of Saratoga is
prohibited.
6-30.040 – Cultivation of Marijuana for Personal Use.
(a) Outdoor cultivation. The outdoor cultivation of marijuana is prohibited regardless of
whether such cultivation is for personal use or commercial purposes.
(b) Indoor cultivation. The indoor cultivation of marijuana is prohibited except to the
extent that state law permits the indoor cultivation of up to six marijuana plants for
personal use. No more than six living marijuana plants may be planted, cultivated,
harvested, dried, or processed within a single private residence at any one time (including
within an accessory structure to a private residence that is fully enclosed and secure).
Persons engaging in indoor cultivation must comply with all state and local laws
regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation and
personal use of marijuana including but not limited to Article 16-15 (Building Code),
Article 16-18 (Residential Building Code), Article 16-20 (Fire Code), Article 16-25
(Plumbing Code), Article 16-35 (Electrical Code), Article 16-40 (Housing Code), Article
16-45 (Abatement of Dangerous Buildings Code), Article 16-51 (Energy Code), and
Article 16-60 (Early Warning Fire Alarm System) of the Saratoga Municipal this Code
and restrictions imposed by the laws referenced in section Section 6-30.010.
6-30.050 – Enforcement.
(a) Violations of this Article are hereby declared to be public nuisances and determined to
be an immediate hazard to the public health, safety or welfare for purposes of Article 3-
20 (Emergency Nuisance Abatement Procedure) of the Saratoga Municipal this Code.
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(b) In addition to other remedies provided by the Saratoga Municipal this Code or by
other law, any violation of this Article may be remedied by a civil action brought by the
City Attorney, including, but not limited to, administrative or judicial nuisance abatement
proceedings, civil code enforcement proceedings, unfair business practice proceedings
under Business & Professions Code section 17200 et seq., and suits for injunctive relief.
The remedies provided by this section are cumulative and in addition to any other
remedies available at law or in equity.
(c) Notwithstanding any other provision of the Saratoga Municipal this Code, including
Article 3-05 (Criminal Enforcement) and Article 15-95-030 (regarding misdemeanors
and infractions), a qualified patient, person with a valid identification card, or primary
caregiver, as those terms are defined in the Compassionate Use Act and the Medical
Marijuana Program Act, California Health and Safety Code sections 1111362.5 and
11362.7 et seq., shall not be subject to criminal liability under California Health and
Safety Code section 11570 or any criminal abatement actions or complaints for activities
decriminalized pursuant to the Compassionate Use Act and the Medical Marijuana
Program Act. Any qualified patient, person with a valid identification card, or primary
caregiver engaged in commercial marijuana activities or marijuana cultivation in
violation of this Section shall be subject to all other compliance actions set forth in this
Section, code enforcement actions set forth in Chapter 3 of the Saratoga Municipal this
Code, and legal proceedings authorized in Section 15-95.020 of the Saratoga Municipal
this Code. Nothing in this Section shall prevent the criminal enforcement of other
violations of this Ordinance, the Saratoga Municipal Code, or state law.
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4.Definition of Animal Establishment
Section 7-20.010 Definitions
Subsections (a)-(b) omitted – No changes.
(c) Animal establishment means any commercial premises or place within the City where
animals are kept,or boarded overnight, trained, sold or groomed, including a kennel, pet shop,
and grooming parlor.
Subsections (d)-(r) omitted -- No changes.
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5.Animal-related Hearings
7-20.120 - Hearings.
(a) Request for hearing regarding impounded animal.Any owner of an impounded animal
who wishes to challenge a determination that an impounded animal may not be redeemed or the
conditions imposed on redemption shall personally deliver or mail a written request for a hearing
to the City Clerk. Failure to file with the City Clerk a written request for a hearing within the
state-mandated holding period will forfeit all rights of ownership and control of the animal to the
City of Saratoga, notwithstanding any other appeal period set forth in this Code. Upon such
forfeiture, the Animal Control Officer shall determine the final disposition of the impounded
animal in accordance with the law.
(b) Request for hearing on other determinations pursuant to this Article.Any owner of an
animal that is the subject of an order or determination pursuant to this Article other than those
described in subsection (a), above, may appeal such order or determination by personally
delivering or mailing a written request for a hearing within the time period required by section
3-10.050 of the City Code such that it is received by the City Clerk within four business days
after the order or determination has been made and either hand-delivered or mailed to the owner.
(c) Hearing initiated by Animal Control Officer. In cases where the Animal Control Officer
proposes to impound any animal, but summary seizures and impoundment is not authorized or
required under any of the provisions of this Article or State law, the Animal Control Officer may
initiate a hearing to determine whether such animal should be impounded and shall order the
owner of the animal to appear at such hearing.
(d) Hearing Procedures. Hearings shall be held in accordance with the procedures set
forth in Section 3-10.050 of this Code except as otherwise set forth in this section. Notice of
hearing. Within two business days of receipt of a written request for hearing, the City Clerk shall
mail or hand deliver written notice of the time and place of the hearing to the owner or the
person requesting the hearing at least five business days prior to the hearing date. To the
maximum extent reasonably feasible, the notice shall schedule the hearing to be held within ten
business days of the date the notice is mailed or delivered.
(e) Conduct of hearing. Hearings pursuant to this Article shall be heard by the Hearing Officer
designated by the City Council pursuant to Chapter 3 of this Code. At the hearing, the owner and
the Animal Control Officer may be represented by counsel, may present oral and written
evidence, and may cross-examine witnesses. Strict rules of evidence shall not apply. Any
relevant evidence may be admitted if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs. The decision of the Hearing Officer shall be
supported by the weight of the evidence and shall be final. The owner shall be given written
notice of the decision within fifteen business days of the hearing. The decision of the hearing
officer shall be final and not subject to appeal to the City Council.
(fe) Owner's failure to appear at hearing.Failure of the owner to appear at a hearing
initiated by the Animal Control Officer shall constitute a misdemeanor, subject to the
punishment as prescribed in Chapter 3 of this Code. In addition, the Animal Control Officer may
immediately seize and impound the animal. Failure of the owner to appear at any other hearing
shall be considered a withdrawal of the request for a hearing and the order or determination that
was the subject of the hearing shall remain in effect.
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(gf) Rescindment of order or determination. If the Hearing Officer determines that the
order or determination at issue is not supported by the weight of the evidence, the order or
determination shall be rescinded and no similar order or determination may be made with respect
to that animal unless new facts arise following the hearing that provide reasonable grounds to
support the order or determination.
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6.Standards for Animal Establishments
7-20.210 - Licensing of animal establishments.
(a) License required; fee.No person shall operate any animal establishment pet shop,
commercial kennel, private kennel, pet grooming parlor, or animal shelter within the City
without first obtaining a license from the City Manager. The annual license fee shall be such
amount as set by resolution of the City Council.
Subsections (b)-(m) omitted -- No changes.
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7. Repealing Horse Licensing Requirements
7-20.220 - Horses.
(a) Purpose.This Section is adopted to establish licensing requirements for the keeping of
horses, and to regulate the keeping and maintenance of horses thereof, in order to protect and
promote the public health, safety, welfare, comfort and convenience, while permitting residents
to keep horses under appropriate conditions, and further to establish conditions and requirements
for the operation of commercial and community stables. This Section is also intended to provide
a basis for correction of existing unsafe and unhealthful conditions.
(b) Definitions.For the purposes of this Section and other provisions of this Code, the
following words and phrases shall have the meanings respectively ascribed to them in this
subsection, unless the context or the provision clearly requires otherwise:
(1) Boarding stable means any stable or corral where horses are lodged or fed for
remuneration.
(2) Commercial stable means any establishment providing services or facilities for the
keeping, training, breeding, or use of horses, other than for private use, including, but not
limited to, boarding stables and riding schools, but not including community stables.
(3) Community stable means a private stable or corral designed, owned and used
solely by residents and guests of a particular area, for the keeping, training, breeding, or
use of horses in private ownership, for homeowners, private clubs, or riding schools,
where riding lessons are not open to the public and no horses are offered to the public for
remuneration, hire or sale.
(4) Corral means an area enclosed by fencing for the keeping of horses or other
livestock.
(5) Horse includes any member of the horse family (Equidae) including, but not
limited to, ponies, donkeys and mules.
(6) Horse stable means any building or structure or portion thereof designed or used
for the housing or feeding of a horse or horses or other livestock.
(7) Keeping or maintenance, in relation to a horse or horses, means the harboring or
maintaining possession of any horse on a site together with the maintenance of such
animal by the feeding or otherwise supplying of necessities of life to the same. Any horse
physically present on a site for a continuous period in excess of seventy-two hours is
being kept, within the meaning of this definition, by the owner or other occupancy of the
site.
(8) Keeping or maintenance for private use , in relation to a horse or horses, means
the keeping of horses owned by the owner of the site where such horses are kept, for the
private use by such owner and his guests as a use accessory to a residence on the same
site, and not for remuneration, hire or sale.
(9) Pasture means a plot of ground other than a corral with grass or other plant life
available for grazing horses.
(10) Riding school means any establishment providing or offering for remuneration,
equestrian instruction through private lesson, organized class, or group instructional
activities, or any establishment where horses are maintained or facilities provided
primarily for the purpose of providing equestrian instruction for remuneration.
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(c) Interpretation of provisions.The provisions of this Section shall be held to be minimum
requirements except where it is expressly stated that maximum requirements shall prevail. The
provisions are not intended to impair or interfere with any private restrictions placed upon
property by covenant or deed or otherwise; provided, however, that where this Section imposes
greater restrictions upon such property, the provisions of this Section shall control.
(d) Compliance with regulations; invalidity of horse license issued in violation thereof.
(1) It shall be unlawful for any person to keep or maintain any horse, or cause any
horse to be kept or maintained in the City except in conformity with the provisions of this
Section and the applicable zoning regulations of the City as set forth in Chapter 15 of this
Code.
(2) Horses may be maintained for private use and commercial or community stables
may be maintained only in such zoning districts and only with such minimum site areas
and minimum distances of stables and corrals from property lines and other structures as
permitted under the applicable zoning regulations set forth in Chapter 15 of this Code.
(3) No horse license shall be issued pursuant to this Section in violation of any
provisions contained herein or in violation of any other provision of this Code, and any
license as may be issued which is in violation of any of said provisions shall be void and
of no force or effect.
(e) General regulations.All horses in the City shall be kept and maintained in compliance
with the following regulations:
(1) Enclosures and control.All horses shall at all times be kept in a corral or enclosed
stable meeting the requirements of this Section other than when being ridden or exercised
under the direct control of some responsible person, except that the Planning Director
shall have the power, but not the obligation, to permit the keeping of permitted horses in
a pasture under reasonable conditions as imposed in the license.
(2) Construction of corrals and stables.All corrals shall be enclosed by a substantial
fence, and corrals for the enclosure of stallions shall conform to all State laws governing
safety fencing, and all stables and corrals shall be erected and constructed in conformity
with the Building Code of the City. Where existing buildings and structures constructed
in compliance with regulations in force at the time of construction do not comply with
current regulations, and constitute a threat to health, safety or the general welfare,
specific corrections may be required by the City Manager within 90 days of notice of
the requirement.as a condition of issuance of a license.
(3) Fire protection.Buildings and structures for the keeping of horses shall conform
to the fire protection standards of the fire district in which the site is located.
(4) Maintenance; sanitary conditions.All stables and corrals shall at all times be
kept adequately clean of manure, and the City Manager shall have power to require fly
trapping or fly killing substances and devices as a condition of any license, as
recommended by the County Health Department. All horses and premises on which
horses are kept shall be maintained in a clean and sanitary condition.
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(f) Commercial and community stables.Each commercial or community stable shall
conform with the following provisions, whether or not such provisions are specifically set forth
in a use permit granted for such stable under Chapter 15 of this Code:
(1) The premises shall be under the full-time supervision of a competent attendant on
duty on the premises.
(2) Any commercial or community stable providing equestrian instruction shall give
such instruction only on the premises, unless special permission to do otherwise has been
granted in the use permit.
(3) No lighting other than needed for safe passing around buildings shall be permitted
unless specifically approved under the terms of the use permit.
(g) Horse licenses.
(1) Horse license required; exception.No horse over three hundred sixty days of age
shall be kept or maintained in the City without the owner or person entitled to custody
thereof first obtaining a horse license from the City Manager; provided, however, no
license shall be required for any horse kept and maintained in a commercial or
community stable under the terms and provisions of a valid use permit issued by the
Planning Commission.
(2) License fees.Fees for issuance and renewal of horse licenses shall be such amount
as established from time to time by resolution of the City Council.
(3) Application for license.Application for a horse license shall be made to the City
Manager on such forms as he may prescribe. The application shall be accompanied by a
dimensioned sketch showing the location of the proposed stables, corrals, fences and
other structures and facilities for the maintenance of horses, indicating the distance from
existing structures on the subject property, the distance from the property lines of the site,
and the location on neighboring parcels of all buildings and structures within a distance
of one hundred feet from the site.
(4) Issuance of license.Upon determining that all of the provisions of this Section and
all other applicable provisions of this Code will be complied with, the City Manager shall
issue a horse license for not more than one horse for each forty thousand square feet of
site area, or for such other site area per horse as may from time to time be prescribed in
the zoning regulations of the City.
(5) Conditions of license.Any horse license may be issued subject to any additional
conditions or regulations which, in the opinion of the City Manager, are necessary to
protect the public health, safety or welfare.
(6) Revocation of license.A horse license shall automatically be revoked upon any
change of ownership of the horse for which such license is issued or any change in the
location of the site on which such horse is kept. In addition, the City Manager may at any
time revoke a horse license for violation of any condition set forth therein or violation of
any provision contained in this Section or any other provision of this Code. The City
Manager shall give the license holder at least ten days' prior written notice of his
intention to revoke the license and the reasons for such action.
(7) Appeal to City Council.All determinations and decisions by the City Manager
pursuant to this Section may be appealed by the applicant or other interested person to the
City Council, in accordance with the procedure set forth in Section 2-05.030 of this Code.
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(hg) Inspections.The City Manager and the County Health Officer shall have authority to
enter upon and inspect any premises where any horse is kept or maintained for the purpose of
enforcing the provisions of this Section.
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8.Parking Regulations
Article 9-15
9-15.040 - Declaration of congested area; recommendation of City Engineer.
(a) The City Council may, from time to time, describe and declare as a congested area any
section of the City in which has arisen the need for parking regulations.
(b) Upon description and declaration of any such section as a congested area, the City Council
shall direct the City Engineer to prepare recommendations as to the streets, or portions
thereof, in such congested area which require regulation. Such recommendations shall
include detailed specifications as to the regulations which should be so applied to such
streets or portions of streets.
(c) The City Engineer shall submit his recommendations to the City Council within thirty days
after receipt of notice of direction to prepare the same, unless granted further time to do so,
and upon approval thereof, the City Council shall amend this Article by ordinance or
resolution, which ordinance or resolution shall set forth the description of the congested area
and the parking regulations to be made applicable thereto.
9-15.050 - Areas where parking prohibited.
(a) Parking may be prohibited in any sections of congested areas when it is shown in a
designated area upon a determination by the City Council in a resolution that such
parking would be detrimental to the best use of the street, or where such prohibition is
necessary in order to facilitate the proper movement of traffic or to prevent congestion.
(b) Whenever motor vehicles are prohibited from parking in certain sections, the top and face
of the curb of the section in which such parking is prohibited shall be painted red or have
signs indicating the prohibition against parking shall be erected at appropriate intervals in
such sections or both.
(c) Whenever an area in which parking is prohibited is designated, no person shall stop, stand
or park any motor vehicle in such designated area at any time, except as otherwise specified
in this Article.
9-15.052 – Temporary designation of no parking areas.
The City Engineer shall have authority to designate any streets, or portions thereof, as
temporary no parking zones to accommodate special events. The City Engineer shall post
signs, markings or other traffic control devices specifying the location and duration of the
temporary restriction at least 72 hours before the restriction takes effect. The designation
shall automatically expire seven days after taking effect unless sooner terminated by the
City Engineer.
9-15.055 - Emergency destination designation of no parking areas.
The City Engineer shall have authority to designate any streets, or portions thereof, as no
parking zones and to post signs, markings or other traffic control devices giving appropriate
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notice of the prohibition against parking in such zones whenever the City Engineer determines
that such designation is immediately required by reason of an existing hazard which impairs the
safe movement of vehicular or pedestrian traffic or access for emergency vehicles. The
designation shall automatically expire after sixty days unless sooner terminated by the City
Engineer upon removal of the hazard, or unless extended by a temporary or permanent regulation
adopted by the City Council pursuant to Section 9-15.040 050 of this Article.
9-15.060 - Parking time limit areas.
(a) Any or all of the following time limitations may by resolution of the City Council be
placed on motor vehicles parking in congested areas on City streets or City parking lots,
holidays excepted:
(1) Two hour parking.
(2) One hour parking.
(3) Thirty minute parking.
(4) Fifteen minute parking.
Unless otherwise specified, the limitations set forth above shall be effective only between
the hours of 9:00 A.M. and 6:00 P.M.
(b) Whenever a parking time limit for a parking area is designated, not less than two signs
shall be placed in each block so designated, which signs shall give notice of the time limit
and the effective hours.
(c) Whenever in an area a parking time limit is imposed, no person shall stop, stand or park
any motor vehicle in violation of the time limit in the designated area during the effective
hours thereof.
9-15.080 - Special parking zones.
Commercial loading zones, passenger loading zones, taxi zones, bus loading zones and other
special zones may be established to regulate parking where the City Council determines they
are necessary to further the public health, safety, or welfare in any congested area.
9-15.090 - Commercial loading zones.
(a) Restriction.No person shall stop, stand or park any motor vehicle in a commercial loading
zone except for the purpose of loading or unloading passengers or freight, and in no event
for more than twenty minutes, holidays excepted.
(b) Signs and painted curbs.Whenever a commercial loading zone is established, the top and
face of the curb of the section so established shall be painted yellow, and one sign shall be
erected at each end of the zone giving notice of the nature and effective hours thereof.
(c) Effective hours.Unless otherwise specified, the effective hours for commercial loading
zones shall be from 9:00 A.M. to 6:00 P.M.
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(d) Designation of commercial loading zones.The following described portions of the public
streets in the City listed below are declared to be congested areas designated as commercial
loading zones and subject to the restrictions of this Section:
Saratoga/Los Gatos Road. The west side of Saratoga/Los Gatos Road from a point fifty-
six feet north of its intersection with Oak Street, southerly to a point thirty-nine feet north of
the intersection with Oak Street.
Big Basin Way. The northwesterly side of Big Basin Way from approximately one
hundred sixty-three feet southwesterly of the centerline of Fourth Street to approximately
two hundred twenty-one feet southwesterly of said centerline of Fourth Street.
Big Basin Way. The northwesterly side of Big Basin Way; Beginning approximately
three hundred fifty-three feet southwesterly of the intersection of the southwesterly curbline
of Fourth Street and the northwesterly curbline of Big Basin Way, for a distance of
approximately forty-four feet southwesterly.
Big Basin Way. The northwesterly side of Big Basin Way from a point measured
approximately sixty-three feet northeasterly from the centerline of Fourth Street to a point
measured approximately eighty-eight feet northeasterly of said centerline to Fourth Street.
Fourth Street. The northeasterly side from a point measured approximately one hundred
thirty-five feet northwesterly from the centerline of Big Basin Way to a point measured
approximately one hundred ninety feet northwesterly of such centerline of Big Basin Way.
9-15.100 - Passenger loading zones.
(a) Restriction.No person shall stop, stand or park any motor vehicle in a passenger loading
zone except for the purpose of loading or unloading passengers, and in no event for more
than five minutes, holidays excepted.
(b) Signs and painted curbs.Whenever a passenger loading zone is established, the top and
face of the curb of the section so established shall be painted white, and one sign shall be
erected at each end of the zone giving notice of the nature and effective hours thereof.
(c) Effective hours.Unless otherwise specified, the effective hours for passenger loading
zones shall be from 9:00 A.M. to 6:00 P.M.; provided, however, that when a passenger
loading zone is established in front of a theater, the limitation shall apply at all times except
when the theater is closed.
(d) Designation of passenger loading zones.The following described portions of the public
streets in the City listed below are declared to be congested areas designated as passenger
loading zones and subject to the restrictions of this Section.
Oak Street. Southeast side, from a point two hundred forty-four feet northeast of the
intersection of Komina Avenue to a point two hundred eighty-eight feet northeast of that
intersection.
Park Place. The northwest side from a point on the curbline 66 feet northeasterly along
such curbline from the intersection of the curbline with the curbline of Oak Place,
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adjacent to power pole 14495 to a point one hundred thirteen feet northeasterly along
such curbline from such intersection.
Komina Avenue. Northeast side, from a point sixty feet southeast of the intersection of
Oak Street to a point two hundred thirty-six feet southeast of that intersection.
Glen Brae Drive. On the easterly side from approximately five hundred sixty feet
northerly of the centerline to approximately six hundred eighty-five feet of Via Real to
northerly of same.
De Sanka Avenue. On the easterly side from a point fifty feet southerly of Knollwood
Drive to a point one hundred sixty feet southerly of said Knollwood Drive; and from a
point two hundred feet southerly of Knollwood Drive to a point three hundred fifty-six
feet southerly of said Knollwood Drive.
(e) Additional designation.The following described portion of Big Basin Way is declared to
be a congested area designated as a passenger loading zone and subject to the restrictions of
this Section during the effective hours of 6:00 P.M. to midnight:
On the northwesterly side from approximately seventy-five feet southwesterly of the
centerline of Fourth Street to approximately one hundred nineteen feet southwesterly of
said centerline of Fourth Street.
9-15.110 - Taxi zones.
(a) Restriction.Only commercial taxis may stand or park in any taxi zone at any time.
(b) Signs and painted curbs.Whenever a taxi zone is established, the top and face of the curb
of the section so established shall be painted white, and one sign shall be erected in such
zone giving notice of the nature and effective hours thereof.
(c) Designation of taxi zones.The following described portions of the public streets in the
City listed below are declared to be congested areas designated as taxi zones and subject to
the restrictions of this Section:
Park Plaza Place. East side of Park Plaza Place, from northerly crosswalk to a point
twenty-two feet northeasterly therefrom.
Saratoga/Los Gatos Road. The northeast side of Saratoga/Los Gatos Road from a point of
the beginning of the curve at the northeast corner of the intersection of Saratoga/Los
Gatos Road with Saratoga Circle to a point twenty-four feet northwesterly from the
beginning of the curve.
9-15.120 - Bus loading zones.
(a) Restriction.Only commercial or school buses may stand or park in any bus loading zone
at any time.
(b) Signs and painted curbs.Whenever a bus loading zone is established, the top and face of
the curb of the section so established shall be painted red, the words "bus stop" shall painted
in yellow thereon, and appropriate signs may be erected to indicate the nature thereof.
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(c) Designation of bus loading zones.The following described portions of the public streets
in the City listed below are declared to be congested areas designated as bus loading zones
and subject to the restrictions of this Section:
Saratoga/Sunnyvale Road. On the westerly side from approximately seventy-two feet
northerly of Saratoga/Los Gatos Road to approximately one hundred fifty-one feet
northerly of same.
Saratoga/Los Gatos Road. On the southwesterly side from approximately fifty-four feet
from the northeasterly prolongation of the northwesterly curbline of Oak Street to a point
approximately eighty-one feet northwesterly thereof.
De Sanka Avenue. On the easterly side starting from a point approximately five hundred
fifty-five feet northerly of the centerline of Seagull Way to a point approximately five
hundred ninety-five feet northerly of the centerline of Seagull Way.
9-15.150 - Angle parking.
(a) Where permitted.Angle parking may be permitted in any area where so designated
pursuant to this Section.
(b) Markings and signs.Whenever a street or portion thereof is designated for angle parking,
the street shall be marked to indicate the angle at which motor vehicles shall be parked and
signs may be erected indicating that angle parking is permitted on the street or portion
thereof.
(c) Restriction.Whenever a street or portion thereof has been designated and marked for
angle parking, no person shall stop, stand or park any motor vehicle other than in the areas
and at the angle to the curb or edge of the roadway indicated by such markings.
(d) Designation.That portion of Third Street on the northeast and northwest sides from the
northwesterly curbline of Big Basin Way to a point approximately one hundred fifty feet
northwesterly thereof, is designated as an area where angle parking at ninety degrees is
permitted. Such area is also declared to be a congested area and shall be subject to a parking
time limit of two hours.
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9. Power to grant exceptions to subdivision design and improvement requirements
14-35.010 Power to grant exceptions.
(a) The advisory agency shall have power to grant exceptions to any of the design
requirements set forth in Article 14-25 of this Chapter; provided, however, that a variance must
be granted pursuant to Article 15-70 of the Zoning Ordinance for any exception from the
requirement contained in Subsection 14-25.040(a) 14-25.010(a) concerning minimum standards
for lot area, frontage, width and depth.
[No changes to subsections (b) and (c).]
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10. Location of building sites
15-12.061 Location of building sites.
The average natural grade of the footprint underneath any dwelling unit, swimming pool or
other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or
other structure shall be built upon a slope which exceeds forty percent natural slope at any
location under the structure between two five-foot contour lines, except that:
(a) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings
prescribed in Section 15-70.060 can be made ., and
(b) An exception under Article 14-35 of the Subdivision Ordinance may be granted where
the findings prescribed in Section 14-35.020 can be made.
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11. Setbacks for Nonconforming Sites
a.Article 15-11 (Agricultural Districts).
15-11.090 - Front, side, and rear setback areas.
(a) For any nonconforming site in the A district, as defined in this Chapter, the
requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in
the A district, the minimum setback area requirements in the A district, are as follows:
(1 a) The minimum front setback area shall be thirty feet from the front lot line or twenty
percent of the lot depth, whichever is greater.
(2 b) The minimum side setback area shall be twenty feet from the applicable side lot line
or ten percent of the lot width, whichever is greater.
(3 c) The minimum rear setback area shall be fifty feet from the rear lot line in the case of a
single-story structure, and sixty feet from the rear lot line in the case of a multi-story structure,
or twenty-five percent of the lot depth, whichever is greater.
b.Article 15-13 (Hillside Residential Districts).
15-13.090 Front, side, and rear setback areas.
(a) For any nonconforming site in the HR district, as defined in this Chapter, the
requirements provided in Section 15-65.040(b) apply to the site.
(b a) The minimum setback area requirements for all conforming lots within the HR zoning
district, with the exception of vacant lots and lots created after May 15, 1992, are as follows:
(1) Front setback area.The minimum front setback area shall be thirty feet.
(2) Side setback area.The minimum interior side setback area shall be twenty feet and the
minimum exterior side setback shall be twenty-five feet.
(3) Rear setback area.The minimum rear setback area shall be fifty feet in the case of a
single-story structure and sixty feet in the case of a multi-story structure.
(c b) For conforming vacant lots and lots created after May 15, 1992 within the HR zoning
district, the minimum setback area requirements are as follows:
(1) Front setback area.The minimum front setback area shall be thirty feet or twenty
percent of the lot depth, whichever is greater.
(2) Side setback area.The minimum side setback area shall be twenty feet in the case of an
interior side setback area and twenty-five feet in the case of an exterior side setback area, or ten
percent of the lot width, whichever is greater.
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(3) Rear setback area.The minimum rear setback area shall be fifty feet in the case of a
single-story structure and sixty feet in the case of a multi-story structure, or twenty-five percent
of the lot depth, whichever is greater.
[Subsections (c) and (d) redesignated as (d) and (e) respectively.]
c. Article 15-18 (Professional and Administrative Office District)
15-18.080 - Front, side, and rear setback areas.
(a) For any nonconforming site in the P-A district, as defined in this Chapter, the
requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in
the P-A district, the minimum setback area requirements in the P-A zoning district, are as
follows:
(1 a) Front setback area.The minimum front setback area of any lot in a P-A district shall
be twenty-five feet from the front lot line.
(2 b) Side setback area.The minimum side setback area of any lot in a P-A district shall be
ten percent of the average width of the site; provided, that a side setback area of more than
twenty-five feet from the applicable side lot line shall not be required and a side setback area of
less than ten feet from the applicable side setback area shall not be permitted, subject to the
following exceptions:
(i1) The exterior side setback area of a corner lot shall be not less than fifteen feet from
the exterior side lot line.
(ii2) One foot shall be added to an interior side setback area for each two feet of height
or fraction thereof by which a portion of a structure within thirty feet of the side lot line for
such setback area exceeds fourteen feet in height; provided, that an interior side setback area
of more than thirty feet from the interior side lot line shall not be required.
(3 c) Rear setback area.The minimum rear setback area of any lot in a P-A district shall be
twenty-five feet from the rear lot line, subject to the following exceptions:
(i1) One foot shall be added to the minimum rear setback area for each two feet of height
by which a structure exceeds fourteen feet in height.
(ii2) Where a rear setback area is abutting property within an A, R-1, HR, or R-M district,
the minimum rear setback area shall be thirty-five feet from the rear lot line.
d. Section 15-19.030 (Commercial Neighborhood).
15-19.030 - C-N district regulations.
[No changes in subsections (a) through (e)]
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(f) Front, side, and rear setback areas. For any nonconforming site in the C-N district,
as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the
site. For any conforming site in the C-N district, the minimum setback area requirements in
the C-N district, are as follows:
(1 f) Front setback area.The minimum front setback area of any lot in a C-N district shall
be ten feet; except that on a site abutting and fronting on the same street as, or directly across
the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be
fifteen feet.
(2 g) Side and rear setback areas.No side or rear setback areas shall be required for any
lot in a C-N district, subject to the following exceptions:
(i1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum
exterior side setback area shall be not less than one-half of the required front setback area of
the abutting lot.
(ii2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting
an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such
other district shall be thirty feet.
(iii3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum
side setback area or rear setback area abutting to such street or alley shall be ten feet.
Where a side or rear setback area is required under any of the foregoing provisions, one
foot shall be added to the required setback area for each one foot of height or fraction thereof
by which a structure within thirty feet of the lot line for such setback area exceeds fourteen
feet in height.
[Subsections (h)-(k) are renumbered as (g) through (j) respectively.]
e. Section 15-19.035 (Commercial Neighborhood Residential High Density).
15-19.035 - C-N(RHD) district regulations.
[No changes to subsections (a) through (e).]
(f) Front, side, and rear setback areas. For any nonconforming site in the C-N(RHD)
district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply
to the site. For any conforming site in the C-N(RHD) district, the minimum setback area
requirements in the C-N(RHD) district, are as follows:
(1 f) Front setback area.The minimum front setback area of any lot in a C-N(RHD) district
shall be ten feet; except that on a site abutting and fronting on the same street as, or directly
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across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall
be fifteen feet.
(2 g) Side and rear setback areas.No side or rear setback areas shall be required for any
lot in a C-N(RHD) district, subject to the following exceptions:
(i 1) On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum
exterior side setback area shall be not less than one-half of the required front setback area of
the abutting lot.
(ii 2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting
an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such
other district shall be thirty feet.
(iii 3) On a lot directly across a street or alley from an A, R-1, or HR district, the minimum
side setback area or rear setback area abutting such street or alley shall be ten feet.
Where a side or rear setback area is required under any of the foregoing provisions, one
foot shall be added to the required setback area for each one foot of height or fraction thereof
by which a structure within thirty feet of the lot line for such setback area exceeds fourteen
feet in height.
[Subsections (h)-(m) are renumbered as (g) through (l) respectively.]
f. Section 15-19.040 (Commercial-Village)
15-19.040 - C-V district regulations.
[No changes to subsections (a) through (e).]
(f) Front, side, and rear setback areas. For any nonconforming site in the C-V district, as
defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site.
For any conforming site in the C-V district, the minimum setback area requirements in the
C-V district, are as follows:
(1 f) Front setback area.The minimum front setback area of any lot in a C-V district shall
be ten feet; except that on a site abutting and fronting on the same street as, or directly across
the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be
fifteen feet.
(2 g) Side and rear setback areas.The minimum side setback area of any lot in a C-V
district shall be ten feet and the minimum rear setback area of any lot in a C-V district shall be
thirty feet, subject to the following exceptions:
(i 1) One foot shall be added to the minimum side setback area for each one foot of height
or fraction thereof by which a portion of a structure within thirty feet of the side lot line for
such setback area exceeds fourteen feet in height.
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(ii 2) One foot shall be added to the minimum rear setback area for each one foot of height
or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for
such setback area exceeds fourteen feet in height.
(iii 3) On a corner lot, the minimum exterior side setback area shall be twenty feet.
[Subsections (h)-(j) are renumbered as (g) through (i) respectively.]
g. Section 15-19.050 (Commercial-Historic)
15-19.050 - C-H district regulations.
[No changes to subsections (a) through (e).]
(f) Front, side, and rear setback areas. For any nonconforming site in the C-H district, as
defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site.
For any conforming site in the C-H district, the minimum setback area requirements in the
C-H district, are as follows:
(1 f) Front setback area.No front setback area shall be required in the CH-1 district. The
minimum front setback area of any lot in the CH-2 district shall be fifteen feet.
(2 g) Side setback area.No side setback area shall be required in either the CH-1 or CH-2
district.
(3 h) Rear setback area.No rear setback area shall be required in the CH-1 district. No
rear setback area shall be required for any lot in the CH-2 district having a rear lot line that
abuts a public right-of-way, public parking district, Saratoga Creek, or the CH-1 district.
Where the rear lot line of any lot in the CH-2 district abuts an A, R-1, HR, or R-M district, the
minimum rear setback area shall be thirty feet, plus one foot for each two feet of height or
fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such
setback area exceeds fourteen feet in height.
[Subsections (i)-(l) are renumbered as (g) through (j) respectively.]
h. Article 15-20 (Residential Open Space)
15-20.090 - Front, side, and rear setback areas.
(a) For any nonconforming site in the R-OS district, as defined in this Chapter, the
requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in
the R-OS district, the minimum setback area requirements in the R-OS district, are as
follows:
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(1 a) Except as otherwise provided in subsection (b) of this Section, the minimum front,
side, and rear setback areas of any lot in the R-OS district shall be as follows:
Front Interior Exterior Rear
Setback
Area
Side Setback
Area
Side Setback
Area
Setback
Area
Single Story 50 ft. 40 ft. 50 ft. 100 ft.
Two Story 70 ft. 60 ft. 70 ft. 120 ft.
[No change to subsections (b) and (c).]
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12. Planning Commission Design Review
15-45.060 Planning Commission design review; public hearing.
(a) Pursuant to this Article, the following projects shall receive design review approval by
the Planning Commission prior to issuance of a building permit in any A, R-1, HR, or R-OS
district:
[No changes to subsections (1) through (6).]
(7) Any project that, in the opinion of the Community Development Director, may be
significantly inconsistent with the design review findings required in Section 15-45.080 15-
14.080 of this Article, or may cause excessive damage to the natural environment, or may result
in excessive intensification of the use or development of the site.
[No changes to subsections (8) and (9).]
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13. Identification of Trees Proposed for Removal
15-45.075 Requirements for story poles and marking trees proposed for removal.
Story poles are required to be installed as set forth below for all projects subject to design
review approval in order to depict the elevations and silhouettes of a proposed new structure or
an addition to an existing structure requiring design review approval. Trees proposed for removal
in conjunction with a proposed project shall be clearly marked in the field as set forth below.
(a) Definition and requirement. Story poles are temporary frames made of wood, metal, or
other materials approved by the Community Development Department which are used to delineate
the height, area, and approximate shape and massing of a proposed structure. Story poles must be
installed in the manner set forth below if the project is subject to design review approval.
(b) Timing. The applicant shall install the story poles and mark trees proposed for removal
when notified to do so by the Community Development Department or designated representative
at least three business days prior to advertising the public hearing for the project (or in the case of
administrative design review at least three business days prior to issuance of the "Notice of Intent
to Approve"). Neither the notice of public hearing nor the "Notice of Intent to Approve" (as
applicable) for the project will be mailed until the story poles are installed and trees are marked
to the satisfaction of the Community Development Director and photographs of the installed and
approved story poles and marked trees are filed with the Community Development Department.
(c) Requirements. Once the Community Development Department has authorized an applicant
to erect story poles and mark trees proposed for removal, the applicant shall comply with all of
the following requirements:
(1) The story poles must be constructed of wood, metal, or other materials pre-approved by the
Community Development Director (which materials must be suitable for construction of a
temporary frame that will remain standing during the required public notice and application review
period).
(2) The story poles shall be erected so that on each building elevation of the proposed structure
at least one story pole shall show graduated five-foot interval height measurement markings in
either paint or tape.
(3) The story poles shall be erected so that at least one building elevation of the proposed
structure shows the proposed finished grade and finished floor elevation markings in either paint
or tape.
(4) The story poles shall be erected so that orange netting or other materials approved by the
Community Development Director will be used to approximate the mass, shape and roofline
(e.g., roof pitch/slope, ridge, and volume) of the proposed structure as illustrated in Diagram A.
For complex roof forms, the Community Development Director may also require that ridge flags
be installed to delineate a main roof ridge or high point.
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(5) Upon completion of the story pole installation, the applicant shall provide to the
Community Development Department a professional-stamped and signed letter from a State
licensed land surveyor or civil engineer verifying the accuracy of the story pole installation in
terms of location, heights, and elevation data.
(6) The applicant shall erect on the story pole elevation facing the main access to the building
site or the main street frontage, a minimum eleven-inch by seventeen-inch sign which contains the
following information:
a. Name of applicant/property owner;
b. Contact telephone number of applicant/property owner;
c. A brief description of the proposed project's scope of work;
d. Community Development Department main telephone number.
(7) Prior to any notices being distributed, the applicant shall submit photos satisfactory to the
Community Development Department of the completed story pole installation including required
signs.
(8) Tree removals. Any tree proposed for removal as part of the proposed project shall
be clearly marked in the field. Acceptable means of identifying trees include using
fluorescent tape wrapped around the tree’s trunk, paint on the tree trunk that is easily
visible, or another means approved by the Community Development Director.
[No changes to subsections (d) and (e).]
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14. Heritage Tree Definition Reference
15-50.050 - Removal of certain trees without permit.
Except as otherwise provided in Section 15-50.060, it is unlawful for any person to remove,
damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon
any protected tree, located on any private or public property in the City without first having
obtained a tree removal, pruning or encroachment permit issued pursuant to this Article and
authorizing the proposed action. A protected tree shall consist of any of the following:
(a) Any native tree having a DBH of six inches or greater
(b) Any other tree having a DBH of ten inches or greater.
(c) Any street tree, as defined in Section 15-50.020(v), regardless of size.
(d) Any heritage tree, as defined in subsection 15-50.020(n)(1) regardless of size.
(e) Any tree required to be planted or retained as a condition of any approval granted under
this Chapter or Chapter 14 of this Code.
(f) Any tree required to be planted as a replacement, as provided in Section 15-50.170 of this
Article.
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15. Marking Trees to be Removed for Design Review, Subdivisions, or Building Permit Review
15-50.090 Development or improvement projects.
(a) Subdivision approval.When any application is made pursuant to Chapter 14 and that
proposal would involve removal of, pruning of, or encroachment upon a protected tree, the City
shall take into consideration the provisions of this Article in granting or denying the application.
(b) Project approval. Removal of, pruning of, or encroachment upon any protected trees
pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall
meet the requirements of Section 15-50.140 and be evaluated according to the criteria in Section
15-50.080. For projects requiring a design review approval, trees to be removed shall be
marked in the field as specified in Section 15-45.075.
(c) Modifications to approved projects.In the event of any change or modification to an
approved site development plan which results in removal of or an increase in pruning of or
encroachment upon any protected tree, the provisions of this Article shall apply.
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16. Minimum Floor Area and Permitting Requirements of Accessory Dwelling Units
15-56.030 - Development standards.
Except as otherwise provided in Section 15-56.050, each accessory dwelling unit shall
comply with all of the following development standards:
(a) Newly constructed accessory dwelling unit.Except as otherwise provided in this
Article, each newly constructed accessory dwelling unit is required to satisfy the following
criteria:
(1) Lot size.The net site area of the lot upon which the accessory dwelling unit is located
shall not be less than ninety percent of the minimum standard prescribed for the district
applicable to such lot. Minimum standards for lots located in the HR residential district are
determined per Section 15-13.060(a) of the City Code.
(2) Building codes.The accessory dwelling unit shall comply with applicable building,
health and fire codes.
(3) Zoning regulations.Unless otherwise provided in this Article, the accessory dwelling
unit shall comply with applicable zoning regulations (including, but not limited to, required
setbacks, floor area limits, site coverage, and height limits). A one-time ten percent increase in
site coverage and allowable floor area may be granted by the Community Development Director
if the new accessory dwelling unit is deed restricted so that it may only be rented to below market
rate households.
(4) Sale prohibited.The unit shall not be intended for sale, or sold, separately from the main
dwelling.
(5) Location and configuration.The accessory dwelling unit must be either (i) attached to
the existing main dwelling (including being located within the living area of the existing main
dwelling) or (ii) detached from the existing main dwelling and located on the same lot as the
existing main dwelling.
(6) Floor area.
a. The minimum floor area of any accessory dwelling unit shall be four hundred square feet.
a b. The maximum floor area limit for an accessory dwelling unit shall be as follows:
1. An attached accessory dwelling unit shall not exceed fifty percent of the existing living
area, with a maximum size of one thousand two hundred square feet, not including the garage.
2. A detached accessory dwelling unit shall not exceed one thousand two hundred square
feet of living space, not including the garage.
b c. If an accessory dwelling unit has a basement or an attic, that area is included as part of
the total maximum floor area allowed.
c d. Floor area limit. Both the accessory dwelling unit and the main dwelling unit shall count
toward the total floor area limit set by applicable zoning regulations.
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[No changes to subsections (7) through (16).]
(b) Permitting.
(1) Construction of additional floor area.Within one hundred twenty days of receipt of a
complete application, the Community Development Department shall ministerially process for
approval any application for a building permit for a newly created accessory dwelling unit that
meets all the criteria in subsection (a) of this Section.
(2) Conversion of existing floor area.The following provisions shall apply to a complete
application for a building permit to convert existing floor area of a single-family dwelling or
accessory structure to an accessory dwelling unit:
a. The Community Development Department shall ministerially approve within one
hundred twenty days any complete application for an accessory dwelling unit building
permit.
b. The accessory dwelling unit must:
1. Be located within a single-family residential zone;
2. Be contained within the existing space of a single-family dwelling or accessory
structure;
3. Have independent exterior access from the existing main dwelling;
4. Have side and rear setbacks sufficient for fire safety as determined by the fire
agency having jurisdiction; and
5. Comply with all building codes and health and safety regulations.
c. Parking.
1. When a garage, carport, or covered parking structure is demolished in conjunction
with the construction of an accessory dwelling unit, any lost off-street parking spaces
required for the main dwelling must be replaced with off-street covered parking.
2. No additional parking will be required for the accessory dwelling unit in instances
where the accessory dwelling unit is part of the existing main dwelling or an existing
residential accessory structure intended for human habitation.
d. Fire sprinklers. The accessory dwelling unit may be required to provide fire sprinklers
only if they are required for the main dwelling.
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e. Converted garage setbacks. No setback shall be required for an existing garage that is
converted to an accessory dwelling unit.
f. Junior accessory dwelling unit. One junior accessory dwelling unit may be permitted
that complies with all provisions contained in Government Code Section 65852.22 and all
applicable building, health, fire, and zoning codes, provided that the single-family
residential lot does not already contain an accessory dwelling unit or junior accessory
dwelling unit. The junior accessory dwelling unit shall be subject to the following:
1. The recordation of a deed restriction, which shall run with the land, and include:
i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale
of the single-family residence, including a statement that the deed restriction may be
enforced against future purchasers.
ii. A restriction on the size and attributes of the junior accessory dwelling unit that
conforms with this section.
2. Be constructed within the existing walls of the structure and require the inclusion of
an existing bedroom.
3. Include a separate independent outside entrance with an interior entry to the main
living area. A second interior doorway may be used for sound attenuation.
4. The provision of an efficiency kitchen, which shall include all of the following:
i. A sink with a maximum waste line of 1.5 inches.
ii. A cooking facility with appliances that do not require electrical service greater than
120 volts, or natural or propane gas.
iii. A food preparation counter and storage cabinets that are of reasonable size in relation
to the size of the accessory dwelling unit.
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17. Marijuana Land Uses
15-80.140 - Medical marijuana dispensaries prohibited Prohibition of Commercial Marijuana
Land Uses and Regulation of Personal Marijuana Cultivation in all districts.
(a) Definitions. For purposes of this Section, “Commercial marijuana land use” means any
place, location, building, structure, or establishment where commercial marijuana activity,
as defined in Section 6-30.020(a), occurs. The definition of terms in Section 6-30.020 apply
to the same terms used in this Section. "Medical Marijuana Dispensary" means any facility,
building, structure, or establishment, where a primary caregiver or a collective or cooperative
group of qualified patients, persons with identification cards and/or primary caregivers makes
available, sells, transmits, gives, allocates, administers, delivers, processes, or otherwise provides
marijuana to or cultivates marijuana for more than two qualified patients, persons with
identification cards, or primary caregivers. The terms "primary caregivers," "persons with
identification cards," "qualified patients," and "collective or cooperative group" are defined in
California Health and Safety Code section 11362.5 et seq., and the State of California
Department of Justice Guidelines for the Security and Non-Diversion of Marijuana Grown for
Medical Use (Aug. 2008) and any amendments thereto. Medical Marijuana Dispensary does not
mean a state licensed facility listed in Health and Safety Code section 11362.7(d)(1). A Medical
Marijuana Dispensary shall not fall within the definition of accessory use or any other use
defined in this Code.
(b) Prohibition of use. A Medical Marijuana Dispensary Commercial marijuana land uses, the
outdoor cultivation of marijuana, and the indoor cultivation of marijuana (except indoor
cultivation for personal use as provided in Section 6-30.040(b)),shall not be permitted in any
zoning district.
(c) Enforcement.
(1) Violations of this Section are hereby declared to be public nuisances and determined to be an
immediate hazard to the public health, safety or welfare for purposes of Article 3-20 (Emergency
Nuisance Abatement Procedure) of this Code.
(2) Enforcement of this Section shall be conducted pursuant to Section 6-30.050 of this
Code.
(2) In addition to other remedies provided by this Code or by other law, any violation may be
remedied by a civil action brought by the City Attorney, including, but not limited to,
administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings,
unfair business practice proceedings under Business & Professions Code Section 17200 et seq.,
and suits for injunctive relief. The remedies provided by this Section are cumulative and in
addition to any other remedies available at law or in equity.
(3) Notwithstanding any other provision of this Code, including Article 3-05 (Criminal
Enforcement) and Article 15-95-030 (regarding misdemeanors and infractions), a qualified
patient, person with a valid identification card, or primary caregiver, as those terms are defined
in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and
Safety Code sections 1111362.5 and 11362.7 et seq., shall not be subject to criminal liability
under California Health and Safety Code section 11570 or any criminal abatement actions or
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2017 Annual Code Update - Page 38
complaints for operating or owning a Medical Marijuana Dispensary as that term is defined in
this Section. Any qualified patient, person with a valid identification card, or primary caregiver
owning or operating a Medical Marijuana Dispensary in violation of this Section shall be subject
to all other compliance actions set forth in subsection (c)(3) of this Section, code enforcement
actions set forth in Chapter 3, and legal proceedings authorized in Section 15-95.020 of this
Code. Nothing in this Section shall prevent the criminal enforcement of other violations of this
Code or state law.
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18.Repeal of Article 16-72
Article 16-72 - CONSTRUCTION AND DEMOLITION DEBRIS
16-72.010 - Submission of construction and demolition debris recycling plan.
(a) No permit shall be issued pursuant to this Chapter 16 of the Saratoga City Code to conduct
a construction, remodeling, or demolition projects affecting more than two thousand five
hundred square feet of floor space until the applicant has provided to the Building Official a
construction and demolition debris recycling plan. Where one or more construction,
remodeling, or demolition projects involving one or more structures are part of a common
development project, the floor space of the structures shall be considered cumulatively for
purposes of this Section, regardless of whether separate permits are issued for the projects or
structures. The Building Official may exempt from compliance with this Section any project
that is anticipated to produce less than fifteen cubic yards of construction and demolition
debris.
(b) Where a construction and demolition debris recycling plan is required by this Section, all
activities pursuant to any permit issued pursuant to this Chapter 16 shall proceed in accordance
with the construction and demolition debris recycling plan, and all such permits shall include
compliance with the plan as a condition of approval.
(c) All references in this Section 16-72 to the Building Official shall include any person
authorized by the Building Official to act on his or her behalf.
16-72.020 - Review of proposed plan.
(a) The Building Official shall review a proposed construction and demolition debris recycling
plan to determine whether the plan meets the following criteria:
(1) The plan identifies all recyclable construction or demolition debris anticipated to be
produced by the project.
(2) The plan explains how the applicant will recycle and/or salvage for reuse a minimum of
fifty percent of the nonhazardous construction and demolition debris.
(3) The plan identifies end uses of the construction and demolition debris that are consistent
with the diversion goals of the California Integrated Waste Management Act of 1989
(Cal. Pub. Res. Code § 40000 et seq.).
(4) The plan specifies that all waste management activities on the site, including
construction and demolition debris recycling, collection and disposal, will be carried out
in accordance with the Saratoga Code.
(b) The Building Official may recommend modifications to the proposed plan in accordance
with the criteria in subsection (a), and the applicant may modify the proposed plan in
accordance with the recommendations of the Public Works Director and the criteria in
subsection (a).
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(c) If the Building Official determines that the proposed plan satisfies the criteria in subsection
(a), the Building Official shall approve the plan.
(d) If the Building Official determines that the proposed plan is not being implemented or is
being implemented in a manner that is not in accordance with the Saratoga Code the Building
Official may suspend the permit(s) associated with the plan and all work associated with those
permits shall cease.
16-72.030 - Implementation of plan.
The permittee shall maintain records, including copies of weight tickets and receipts, of the
following:
(a) The volume or weight and the processing location of each type of construction and
demolition debris that is recycled; and
(b) The volume or weight and the disposal location of all construction and demolition debris
that is disposed.
16-72.040 - Documentation of compliance with plan.
(a) Within ten days of the completion of a project subject to Section 16-72.010, the permittee
shall submit a compliance report. The compliance report shall state the volume or weight and
the processing location of each type of construction and demolition debris that was recycled
and the volume or weight and the disposal location of all construction and demolition debris
that was disposed. The compliance report shall include copies of weight tickets, receipts, and
other records compiled in accordance with Section 16-72.030.
(b) The Building Official shall compare the compliance report to the plan and shall state whether
the compliance report is consistent with the plan.
16-72.050 - Form for proposed plan.
(a) The Building Official shall prepare the following: (i) a form identifying the information that
must be provided regarding a proposed construction and demolition debris recycling plan; and
(ii) a guide identifying facilities available to assist in implementing a construction and
demolition debris recycling plan.
(b) The Building Official shall provide a copy of the form and a copy of the guide to any person
promptly upon request.
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948248.2
165
ATTACHMENT B
GOVERNMENT CODE SECTION 65858(D) FINAL WRITTEN REPORT
FOR ORDINANCE NOS. 343 AND 343A
On November 2, 2016, the City Council adopted Ordinance No. 343, an urgency interim
ordinance imposing a temporary moratorium on the outdoor cultivation of marijuana in the City
of Saratoga. On December 7, 2016 the City Council adopted Ordinance No. 343A extending the
temporary moratorium on the outdoor cultivation of marijuana in the City to October 22, 2018.
While outdoor cultivation remains prohibited under federal law, the passage of the Control,
Regulate and Tax Adult Use of Marijuana Act (“AUMA”) legalized possession, cultivation, and
consumption of marijuana for persons 21 years of age or older under state law. This change in
state law went into effect on November 9, 2016. The City Council imposed and extended the
temporary moratorium to address the risk of adverse impacts to the public safety, health, and
welfare that could result from outdoor cultivation following the adoption of the AUMA.
Government Code section 65858(d) requires that 10 days prior to the expiration or extension of
any interim ordinance, the City Council must issue a written report describing the measures
taken to alleviate the condition that lead to the adoption of the ordinance. Ordinance No. 343A is
set to expire on October 22, 2018, and the City Council will consider repealing the ordinance on
December 6, 2017.
The City has taken the following measures to alleviate the condition that led to the adoption of
the interim ordinance. City Staff studied the potential adverse impacts of outdoor cultivation,
including odors, the risk of criminal activity and safety threats, the risk of fires, and the risk of
environmental degradation. City Staff also reported on changes in the state regulatory
environment, including the development of a regulatory licensing program to allow commercial
marijuana cultivation and sale. After considering this information and holding a public hearing,
the City Council adopted comprehensive health and safety regulations concerning marijuana
businesses and cultivation. Specifically, on June 7, 2017, the City Council adopted Ordinance
No. 349, adding City Code Article 6-30, which prohibits the establishment of commercial
marijuana businesses and all outdoor cultivation of marijuana within the City, and further
regulates the personal indoor cultivation of marijuana authorized by state law. On December 6,
2017, the City Council will consider an ordinance amending City Code Chapter 15 (zoning
regulations) to conform the zoning ordinance with Article 6-30. In light of these comprehensive
marijuana regulations, the ordinance being considered on December 6, 2017 would also rescind
the temporary moratorium adopted by Ordinance No. 343 and extended by Ordinance No. 343A.
948729.1
166
SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:Public Works
PREPARED BY:Mainini Cabute, Management Analyst II
SUBJECT:Approve Contract with BkF Engineers for 90% design of the Guava Court
Pedestrian Railroad Crossing in the amount of $135,380
RECOMMENDED ACTION
Approve and authorize the City Manager to execute a contract with BkF Engineers for 90%
design of the Guava Court Pedestrian Railroad Crossing in the amount of $135,380.
BACKGROUND
In April 2017, the City filed a formal application with California Public Utilities Commission
(CPUC) to build a pedestrian railroad crossing between Guava Court and Fredericksburg Drive.
The CPUC is the governing body responsible for evaluating and ensuring railroad crossing safety
in California. The City retained BkF Engineers for $25,055 to prepare the formal application and
the 10% engineering design of the proposed project.
The formal application is currently in the review phase of the process and City staff has been
working with the City Attorney to prepare responses to the CPUC Administrative Law Judge’s
request for information. Once the CPUC approves the City’s formal application, the final design
plan for the proposed project can be completed. The City plans to begin construction as soon as
the plan is 100% complete in order to meet the project timeline of December 2018.
In 2014, the City was awarded $300,000 from the Bay Area Air Quality Management District
(BAAQMD) Transportation Fund for Clean Air Program (TFCA)25%Set-Aside grant. An
additional matching grant amount of approximately $42,000 is also available. These grant funds
will pay for the design and construction of the Guava Court pedestrian railroad crossing. The
TFCA grant will expire in December 2018 and the construction of the project must be complete
by that date.The City of Saratoga will be working with Union Pacific Railroad to construct the
pedestrian railroad crossing once the plan is complete.
The request for this project came from Saratoga community members who attended the City’s
Parks and Recreation Commission in 2013 and requested to reopen the access into Guava Court
from Fredericksburg Drive. City staff has been working closely with CPUC, UPRR and Senator 167
Beall’s Office to file the formal application to construct the pedestrian railroad crossing and reopen
access to the Guava Court. Approval of the application would achieve the following benefits:
Improve pedestrian and bike safety, eliminate one mile of travel time to school because it
creates a direct path to school for families who live southwest of Joe’s Trail, and
encourages more walking and biking to school and around the neighborhood.
Improve the flow of traffic during the peak school hours on Saratoga-Sunnyvale Road, Cox
Avenue, Sea Gull Way, and De Sanka Avenue because it would reduce the number of
vehicles that travel to school coming from the southwest side of the neighborhood.
Reconnect community members who live on opposite sides of Joe’s Trail.
Reduce vehicle emissions by eliminating the need for parents to drive their children to
school who live within walking distance.
ATTACHMENT
Contract of 90% Design with BkF Engineers
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BKF Engineers
Fredericksburg-Guava RR Crossing Improvements
BKF Engineers
Fredericksburg Drive to Guava Court Pedestrian / Bicycle Railroad Crossing
Improvements - Final Design
12/06/2017 06/30/2019
135,380.00
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BKF Engineers
Jaggi Bhandal, PE
255 Shoreline Drive, Suite # 200
Redwood City
1-925-396-7743
1-650-482-6399
jbhandal@bkf.com
17-07990
Public Works
Mainini Cabute
13777 Fruitvale Avenue
Saratoga, CA 95070
1-408-868-1258
1-408-868-1258
mcabute@saratoga.ca.us
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Fredericksburg-Guava RR Crossing Improvements
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Exhibit C: Section 13 Indemnification
Fredericksburg Drive to Guava Court Pedestrian /
Bicycle Railroad Crossing Improvements Project -
Final Design
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Exhibit A – Scope of Work and Payment Terms
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-End of Exhibit A-
BKF Engineers
Fredericksburg-Guava RR Crossing Improvements
✔1
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4670 Willow Road, Suite 250, Pleasanton, CA 94588 | 925.396.7700
October 27, 2017
BKF No. 20177105-10
Shaheen Sarwari
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
Transmitted Via Email
Subject: Fredericksburg Dr/Guava Ct Pedestrian/Bicycle Railroad
Crossing – Final Design Proposal
Dear Ms. Sarwari:
BKF Engineers welcomes the opportunity to submit this proposal for civil engineering and land surveying
services regarding the Fredericksburg Dr. to Guava Ct. Pedestrian/Bicycle Railroad Crossing Improvements
Project (Project) in Saratoga, California. To arrive at the estimated effort required by our office for this
Project, we have outlined a proposed scope of services, identified assumptions, and determined a level of
effort fee based on our understanding of the project.
PROJECT UNDERSTANDING
Based on BKF’s previous work with the City with facilitating the Union Pacific Railroad (UPRR) and
California Public Utilities Commission (CPUC) approval, below is a summary of our understanding of the
Project:
The Project proposes to construct an at-grade pedestrian/bicycle crossing with existing
railroad tracks within Union Pacific Railroad (UPRR) right-of-way. The new crossing will
provide access between the existing Joe’s Trail (near Fredericksburg Dr) and Guava Ct. An
existing ADA compliant concrete pathway already exists at Fredericksburg Dr and connects
to Joe’s Trail, which runs parallel to the existing railroad tracks.
Based on earlier coordination with CPUC/UPRR/City, proposed Improvements within UPRR
R/W are identified on the attached Concept Exhibit. A summary of these improvements
include:
o Railroad track panels per UPRR Standards
o A 10-foot wide walkway over the tracks
o UPRR standard right-of-way gates
o Peninsula Corridor Joint Powers Board (Caltrain) standard swing gates and guard
railing.
o Pedestrian and Bicycle Railroad Crossing Signage at each end of proposed crossing
o 12” solid white striping along edges of crossing panels and asphalt pavement
o Decomposed granite path connection to existing Joe’s Trail
o Concrete path connection to an ADA accessible ramp located at Guava Court
Proposed Improvements outside UPRR R/W:
o Retaining walls to provide an ADA accessible ramp at Guava Ct (Lido Way)
o Roadway modifications to preserve the existing trees located along Guava Court. The
roadway cross-section of Guava Court may need to be narrowed to accommodate the
new ramp leading up to the at-grade railroad crossing.
A formal application has already been submitted for CPUC approval and is expected to be
approved prior to the beginning of construction. No additional work will be required to
obtain CPUC approval.
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 1 of 19
([KLELW$
173
Fredericksburg Dr. to Guava Ct. Pedestrian/Bicycle RR Xing
City of Saratoga
October 27, 2017
Page 2 of 6
BKF Engineers | 4670 Willow Road, Suite 250 | Pleasanton, CA | 94588 | 925.396.7700
Environmental Clearance has been obtained for the Project.
There will be no landscaping or storm water quality element in the Project scope.
UPRR will require a Construction and Maintenance Agreement with the City for this
Project. The Construction and Agreement is expected to outline the City’s responsibility to
maintain the proposed at-grade path within the UPRR R/W and also the costs required to
reimburse UPRR for all engineering services related to design and install proposed warning
devices associated with the new crossing improvements.
UPRR will be installing the at-grade crossing equipment and concrete panels.
No right of way boundary resolution or preparation of plat and legals will be required.
UPRR will prepare the Draft Railroad Agreement
The City will be administering the bidding and administration of the construction contract.
Design assistance including construction staking during the construction phase is not
included in this proposal but may be provided upon request.
No approval or modifications will be required from PG&E due to their existing easement
near the Joe’s Trail conform.
Design services for lighting improvements are excluded but can be provided in a separate
proposal at the City’s request.
We understand that the City is only requesting complete engineering design Plans, Specifications
and Estimate for bidding purposes.
PROJECT SCOPE OF WORK & ASSUMPTIONS
To meet this objective, we have developed a scope of work and magnitude of cost for consideration:
Task 1: Project Management
The objective of this task is to ensure that coordination with the City is maintained throughout the
duration of the Project. BKF will manage each proposed task in order to ensure that the tasks are
completed in accordance with the requirements of the jurisdictional authority.
BKF will provide project management services for each task for the entire duration of the Project. BKF’s
Principal-in-Charge and Project Manager will be responsible for managing the BKF Project team,
providing the resources to complete the job, monitoring and updating the Project budget and schedule
and communicating regularly with the City. To maintain the Project schedule, BKF will act as strategic
counsel by flagging issues, providing recommended solutions for discussion and implementing the
accepted action. BKF’s Project Manager will keep the City informed by close communications and will
attend progress meetings with the City on an as needed basis.
BKF will coordinate with the overall Project Team, which consists of BKF’s team, Biggs Cardosa and
Associates, Parikh Consultants, and AEC Engineers; UPRR; and the City of Saratoga.
BKF understands that coordination is vital for this Project, especially since UPRR owns, maintains and
operates the railroad corridor and the City will control and maintain the proposed pedestrian and bicycle
trail. The proposed project will require an understanding of both City and UPRR requirements and close
coordination with all parts of the team to ensure that a coherent plan set is produced in a timely manner.
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 2 of 19
174
Fredericksburg Dr. to Guava Ct. Pedestrian/Bicycle RR Xing
City of Saratoga
October 27, 2017
Page 3 of 6
BKF Engineers | 4670 Willow Road, Suite 250 | Pleasanton, CA | 94588 | 925.396.7700
BKF will coordinate with the overall Project Team so that information is disseminated and Project
coordination between all parties is seamless. Coordination meetings will be held, if necessary, for
comments that need clarification or further information is required.
BKF will review two rounds of UPRR review comments (65% and 90% design) and three rounds of City
review comments (65%, 90% and 100% design). During the development of Plans and Specifications,
meetings will take place with UPRR and City designers to review the design and comments at the various
stages of design.
BKF will supervise, coordinate and monitor the design for conformance with UPRR requirements and City
of Saratoga standards and policies. BKF will establish and implement a quality control procedure for
design activities, perform in-house quality control reviews for each task, and submit project deliverables
to both UPRR and the City for review and approval.
Task 2: Preliminary Investigations/Data Collection
BKF will conduct up to two (2) site visit to assess existing site conditions and identify constraints that may
affect the proposed design. BKF will provide field notes, representative photos and field measurements.
BKF will collect existing utility mappings from utility companies and the City. BKF will use obtained
information to prepare an existing utilities base file for use in the design of the Project. BKF will use
mapping to identify possible conflicts and provide recommendations for locations and depth of potholing
surveys. Utility Potholing and Relocation Coordination is not included in this proposal but can be
included in a future proposal (if needed).
Conduct Topographic Survey
BKF will complete topographic field surveying as part of this task to support the development of the
design and to confirm the elevation of existing grades at the Project site. Field survey will also collect
monument information that will be used to accurately map out existing right-of-way. Topographic survey
will be used to create a base existing aerial mapping that will be used as a base for the project design
BKF will compile field survey and obtained information in order to prepare a base sheet that will be used
for the Project. The base sheets will be coordinated with the entire Project team.
Right of Way Mapping
BKF will collect existing right-of-way and easement maps in order to accurately depict right-of-way limits
and existing easements on the Project site. BKF will compile field survey and obtained information in
order to prepare a right-of-way base file for use in the design of the Project. The right-of-way base
mapping will identify limits of existing right-of-way lines shown for Guava Court, UPRR, Pacific Gas and
Electric (PG&E) and Fredericksburg Drive.
Task 3: 65% Plans, Specifications and Estimate
Components of the Fredericksburg Drive to Guava Court Pedestrian/Bicycle Railroad Crossing
Improvements 65% plans, specifications and estimate will be included during this task as described below.
The concept plan will be further develop the 10% design plans that have been circulated for UPRR and
CPUC approval. The 65% design plans will further the original geometric concept by considering existing
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 3 of 19
175
Fredericksburg Dr. to Guava Ct. Pedestrian/Bicycle RR Xing
City of Saratoga
October 27, 2017
Page 4 of 6
BKF Engineers | 4670 Willow Road, Suite 250 | Pleasanton, CA | 94588 | 925.396.7700
features, existing available right-of-way, coordination of above and below ground utilities and site
constraints. The design will be careful incorporate features required by CPUC and UPRR.
The 65% PS&E will include the following:
Title Sheet will be prepared to provide an overview of the project limits and an index of project sheets.
Typical Cross Sections for the roadway improvements will be provided, identifying lane widths and the
proposed pavement structural sections of the proposed ped/bike path or for any roadway
reconstruction work.
Demolition Plans will show existing utilities and address site demolition and relocation work required
to accommodate construction of the Project’s proposed improvements. These proposed Demolition
Plan will also identify existing utilities and any modifications/relocations required for the Project as they
are expected to be very minor impacts.
Layout Plans will include basic horizontal and vertical layout information and be populated with all
major construction features.
Construction Detail Sheets will provide further clarifications and design details for the various
construction components. In addition, construction detail sheets will identify proposed grading and
any required drainage features as all proposed drainage improvements are expected to be very minor.
Traffic Handling and Stage Construction Plans will identify construction area signs and any potentially
required staging plans for the work adjacent to Guava Ct.
Pavement Delineation and Signing Plans will delineate the proposed ped/bike striping and sign plan.
A field survey will be conducted to develop and inventory of existing signs so that the disposition of
existing plans may be highlighted in the plans. CPUC standard signs will be used at the railroad crossing.
Structural Sheets will be prepared by another consultant, Biggs Cardosa Associates. BKF will coordinate
with this consultant to provide updated design base files, coordinate design issues and obtain necessary
Structural Plans for proposed retaining walls.
Draft Foundations Report will be prepared by another consultant, Parikh Consultants, Inc. BKF will
coordinate with this consultant to complete the requiring field boring explanations and associated
engineering analysis to complete the foundations report for the proposed retaining walls at Guava Ct.
Specifications will be prepared for all work items necessary for the construction of the Project. BKF will
assemble the appropriate standard 2015 Special Provisions for the Project and, if required, drafted non-
standard Special Provisions. The specifications will be in accordance with Caltrans Standard
Specifications requirements and formatting.
Cost Estimates The cost estimate will identify construction work items, quantities, unit costs, and
summarize the estimated total project cost. The estimate will be coordinated with the plans and
specifications to ensure that there are no discrepancies between the documents.
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 4 of 19
176
Fredericksburg Dr. to Guava Ct. Pedestrian/Bicycle RR Xing
City of Saratoga
October 27, 2017
Page 5 of 6
BKF Engineers | 4670 Willow Road, Suite 250 | Pleasanton, CA | 94588 | 925.396.7700
BKF will perform an in-house QA/QC review of the documents submitted. BKF’s quality control review for
the 65% submittal will include the review of the design package for compliance with the governing
jurisdictional standards and completeness. The review will focus on ensuring that the plan elements are
clearly delineated. The different project sheets will present the design in a common manner with no
contradictions or variances.
BKF will submit the completed 65% Design Package for City and UPRR review after our internal QA/QC has
been completed.
Task 4: 90% Plans, Specifications and Estimate
BKF will focus on incorporating the first round of design comments resulting from the 65% submittal. The
City review process will go in parallel with UPRR review process. Task 4 will consist of responses to
comments to the City and UPRR from the 65% submittal and continued development of plans,
specifications and quantities for the 90% PS&E submittal. BKF will provide the comment responses in
written form, including justification for any comments not incorporated. BKF will review the revised
design for compliance with the governing jurisdictional standards.
Prior to delivering the 90% submittal, BKF will complete its own in-house quality control review of all
outgoing documents. This task includes sending sub-consultants updated base files and reviewing their
plans for conformance with the revised design. Cost estimates and schedule will be updated and compared
to the available budget.
Task 5: 100% Plans, Specifications and Estimate
BKF will focus on incorporating one round of design comments resulting from the 90% submittal. A major
task associated with this resolution is balancing the requirements, comments and original purpose of the
Project. All gaps in the design caused by changes or pending design and policy decisions will be
specifically targeted on the 100% design documents for immediate resolution. Construction details for
the Project elements will be finalized as part of this phase of the design process.
BKF will address City and UPRR comments resulting from the 90% submittal and incorporate the comments
into the Plans and Specifications as needed. BKF will review the revised design for compliance with the
governing jurisdictional standards.
Prior to delivering the 100% submittal, BKF will complete its own in-house quality control review of all
outgoing documents. This task includes sending sub-consultants updated base files and reviewing their
plans for conformance with the revised design. Cost estimates and schedule will be updated and compared
to the available budget. The 100% submittal will be sent to the City for any final comments.
Task 6: Final Bid Documents
For the Final Bid Documents, BKF will incorporate and resolve any final remaining comments received as a
result of the 100% submittal in order to produce final contract documents for bid. All aspects of the design
will be finalized in order to prepare a complete set of final bid documents.
Prior to delivering the Final Bid Documents, BKF will complete its own in-house quality control review of all
outgoing documents. This task includes sending sub-consultants updated base files and reviewing their
plans for conformance with the revised design. Cost estimates and schedule will be updated and compared
to the available budget.
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 5 of 19
177
Fredericksburg Dr. to Guava Ct. Pedestrian/Bicycle RR Xing
City of Saratoga
October 27, 2017
Page 6 of 6
BKF Engineers | 4670 Willow Road, Suite 250 | Pleasanton, CA | 94588 | 925.396.7700
Task 7: UPRR Construction and Maintenance Agreement
UPRR approval will be provided in the form of a Construction and Maintenance Agreement. BKF will work
with UPRR and provide them with information required to initiate and facilitate the development of the
Agreement for the City’s review and approval. Coordination efforts will include submission of specific cost
estimates for UPRR work, review of the Agreement and coordination with City and UPRR to promote the
execution of the Agreement.
SUMMARY
The amount of effort required for each individual task outlined above in the Scope of Work is described in
the attached “Summary of Project Scope and Effort” for your consideration. BKF proposes to provide the
work described herein and the enclosed fee summary for an estimated fee not to exceed $135,380.
Should any additional services be requested or required which are not included in our Scope of Work
above, we will complete our one-page Contract Addendum and forward it to you for approval and
processing prior to executing any additional work task. All fees, including our base services and additional
work, shall be paid on a time and material basis in accordance with our schedule of Professional Personnel
Service Fees expiring on December 31, 2017 which is attached for reference.
Thank you for the opportunity to present this proposal. We look forward to assisting in developing this
Project. Please contact me at 925-396-7743 if you have any questions.
Respectfully,
BKF Engineers
Jaggi Bhandal, P.E.
Project Manager
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 6 of 19
178
Date: October 27, 2017
I. Direct Costs (BKF)
Personnel PIC Assoc/PM Eng IV Eng III Eng II Eng I Tech Proj Asst Survey Total Cost
Rate/hr 230$200$ 176$ 162$ 142$124$139$77$270$Hours
Task 1 - Project Management 10 18 0 0 8 4 0 0 0 40 7,532$
Task 2 - Preliminary Investigations/Data Collection 0 2 10 0 16 18 6 0 24 76 13,978$
Task 3 - Prepare 65% Plans, Specifications and Estimate 2 30 8 32 64 60 44 0 0 240 35,696$
Task 4 - Prepare 90% Plans,Specifications and Estimate 2 16 6 8 20 20 10 4 0 86 13,030$
Task 5 - Prepare 100% Plans,Specifications and Estimate 2 14 6 4 12 10 4 4 0 56 8,772$
Task 6 - Final Bid Documents 2 4 0 2 6 6 6 4 0 30 4,322$
Task 7 - UPRR Construction and Maintenance Agreement 6 12 0 0 0 0 0 0 0 18 3,780$
Total Hours 24 96 30 46 126 118 70 12 24 546
Subtotal - Direct Costs 5,520$ 19,200$ 5,280$7,452$ 17,892$ 14,632$ 9,730$924$6,480$
Subtotal - BKF Direct Costs 87,110$
II. Reimbursables - Other Direct Costs (BKF)
Printing/Delivery /Computer/Plotter 2.0% of professional fees 1,742$
Mileage/Parking/Tolls 2.0% of professional fees 1,742$
Subtotal - BKF Reimbursables (Other Direct Costs)3,484$
III. Subconsultants (includes 10% markup)
Structure Design - Biggs Cardosa Associates 21,162$
Geotechnical Design - Parikh Consultants, Inc.23,627$
Subtotal - BKF Subconsultants (Other Direct Costs)44,789$
135,380$
Assumptions:
1. Fee estimate assumes geotechnical services are not required as part of this Project.
2. This proposal does not account for processing through any other agencies than those identified in the attached written scope.
3. Electrical Design for lighting improvements are excluded.
4. Utility Coordination services exclude work required to establish new utility services. Associated application fees are excluded from this proposal.
5. All electrical design for railroad warning devices will be completed by UPRR.
6. Utility potholing is excluded from this proposal.
7. The City shall provide benchmarks and control to be used for survey work.
8. Fee estimate includes two rounds of UPRR reviews and three rounds of City reviews only.
9. Right-of-way mapping will provide confirm the limits of existing right-of-way lines for Guava Court, Union Pacific Railraod and PG&E.
10. Bid Support, Construction Staking and Construction Support Services are excluded, but can be provided in a future proposal.
11. It is assumed that SWPPP will be prepared by Contractor.
12. Proposal is based on the attached Draft Concept Plan developed as part of the Formal Application Approval.
13. Landscaping improvements are excluded.
14. It is assumed that SWPPP (if required) will be prepared by Contractor.
TOTAL
SUMMARY OF FEES & HOURS
for Fredericksburg Drive to Guava Ct Pedestrian/Bicycle Railroad Crossing Improvements - Final Design Propsal
87,110$
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 7 of 19
179
Task 1 - Project Management
TASK PIC Assoc/PM Eng IV Eng III Eng II Eng I Tech Proj Asst Survey Tot Hrs Cost
General Project Management 6 8 14 2,980$
Coordination with Project Team 4 10 8 4 26 4,552$
BKF Subtotal 10 18 0 0 8 4 0 0 0 40 7,532$
Task 2 - Preliminary Investigations/Data Collection
TASK PIC Assoc/PM Eng IV Eng III Eng II Eng I Tech Proj Asst Survey Tot Hrs Cost
Topographic Survey and Mapping 2 4 4 4 24 38 8,452$
Preliminary Investigations/Data Collection 468 182,548$
Update Base Files including Coordination for Utility Mapping 2 4 6 6 2 20 2,978$
BKF Subtotal 02100161860247613,978$
Task 3 - Prepare 65% Plans, Specifications and Estimate
TASK PIC Assoc/PM Eng IV Eng III Eng II Eng I Tech Proj Asst Survey Tot Hrs Cost
Prepare Title Sheet 24 6840$
Prepare Typical Cross Sections 2 2 4 4 12 1,736$
Prepare Demolition Plans 24664 223,200$
Prepare Layout Plans 2 4 6 8 8 6 34 5,194$
Prepare Construction Detail Sheets 4 4 8 14 14 8 52 7,636$
Prepare Traffic Handling and Stage Construction Plans 4 6 8 8 6 32 4,734$
Prepare Pavement Delineation and Sign Plans 2 4 6 6 8 26 3,756$
Coordinate Structural Plans 4 8 8 4 24 3,484$
Coordinate Geotechnical Reports 226 101,428$
Prepare Specifications 246 12 1,900$
QA/QC 44 2 10 1,788$
BKF Subtotal 2 30 8 32 64 60 44 0 0 240 35,696$
Task 4 - Prepare 90% Plans,Specifications and Estimate
TASK PIC Assoc/PM Eng IV Eng III Eng II Eng I Tech Proj Asst Survey Tot Hrs Cost
Update Plans, Specfications and Estimate 2 6 8 10 14 10 4 54 7,810$
Address City and UPRR Comments 6 2 8 6 22 3,432$
QA/QC 44 2 10 1,788$
BKF Subtotal 21668202010 4 08613,030$
Task 5 - Prepare 100% Plans,Specifications and Estimate
TASK PIC Assoc/PM Eng IV Eng III Eng II Eng I Tech Proj Asst Survey Tot Hrs Cost
Update Plans, Specfications and Estimate 2 4 4 6 6 4 4 30 4,368$
Address City and UPRR Comments 6 2 4 4 16 2,616$
QA/QC 44 2 10 1,788$
BKF Subtotal 21464121044056 8,772$
Task 6 - Final Bid Documents
TASK PIC Assoc/PM Eng IV Eng III Eng II Eng I Tech Proj Asst Survey Tot Hrs Cost
Update Plans, Specfications and Estimate 2 2 2 4 6 6 4 26 3,638$
QA/QC 22 4 684$
BKF Subtotal 240266640304,322$
Task 7 - UPRR Construction and Maintenance Agreement
TASK PIC Assoc/PM Eng IV Eng III Eng II Eng I Tech Proj Asst Survey Tot Hrs Cost
Railroad Agreement 612 3,780$
BKF Subtotal 61200000000 3,780$
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 8 of 19
180
PROFESSIONAL PERSONNEL SERVICE FEES
JANUARY 1, 2017 - DECEMBER 31, 2017
PERSONNEL HOURLY RATES
ENGINEERING
Senior Associate $206.00
Associate $200.00
Project Manager $190.00 - $196.00
Engineer IV $176.00
Engineer I, II, III $124.00 - $142.00 - $162.00
Engineering Assistant $77.00
Junior Engineer $65.00
PLANNING
Planner I, II, III, IV $124.00 - $142.00 - $162.00 - $176.00
SURVEYING
Senior Associate $206.00
Associate $200.00
Project Manager $190.00 - $196.00
Surveyor I, II, III, IV $124.00 - $142.00 - $162.00 - $176.00
Survey Party Chief $164.00
Survey Chainman $106.00
Apprentice I, II, III, IV $65.00 - $87.00 - $96.00 - $102.00
Instrumentman $141.00
Surveying Assistant $77.00
Junior Surveyor $65.00
Utility Locating Superintendent $165.00
Utility Locator I, II, III $85.00 - $120.00 - $145.00
BIM Specialist I, II, III $124.00 - $142.00 - $162.00
DESIGN AND DRAFTING
Technician I, II, III, IV $119.00 - $127.00 - $139.00 - $150.00
Drafter I, II, III, IV $93.00 - $103.00 - $111.00 - $123.00
CONSTRUCTION ADMINISTRATION/QSP-QSD
Senior Construction Administrator $185.00
Resident Engineer $137.00
Field Engineer I, II, III $124.00 - $142.00 - $162.00
Senior Consultant $215.00
SERVICES AND EXPENSES
Project Assistant $77.00
Clerical/Administrative Assistant $65.00
Delivery Services $35.00
Principals’ time on projects is chargeable at $230.00- $252.00 per hour.
Charges for outside services, equipment, and facilities not furnished directly by BKF Engineers will be billed at
cost plus 10%. Such charges may include, but shall not be limited to printing and reproduction services;
shipping, delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance;
transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at
the prevailing IRS rate per mile. Monthly invoices are due within 30 days from invoice date. Interest will be
charged at 0.833% per month on past due accounts. Expert witness/litigation rates are available upon request.
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 9 of 19
181
EXHIBIT A
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 10 of 19
182
October 26, 2017
BKF Engineers
4670 Willow Drive
Suite 250
Pleasanton, CA 94588
Attention: Jaggi Bhandal
Subject: City of Saratoga Pedestrian/Bicycle Railroad Crossing
Proposal for Structural Engineering Services
Dear Jaggi,
Biggs Cardosa Associates, Inc. (BCA) is pleased to submit the following proposal to provide
structural engineering services for the design of two retaining walls to accommodate a proposed at-
grade pedestrian/bicycle crossing over a UPRR railroad track. The proposed pedestrian/bicycle
crossing is located in the City of Saratoga between Fredericksburg Drive and Guava Court. Based on
the concept plan shown on Exhibit A, the retaining walls are approximately 160-feet long each and
are offset by approximately 30-feet and 38-ft from the track centerline. Maximum wall height is
estimated to be 8 feet. It is our understanding that the walls will be located completely outside
UPRR’s right-of-way in City’s land.
Based on our initial review of the wall alignment and wall heights, Caltrans standard wall types (i.e.
wall types shown on 2015 Caltrans Standard Plans) appear to be feasible. The walls appear to be far
enough from the railroad track that heavy rail surcharge loading need not be considered for wall
design. This assumption will need to be verified once final wall layout information and geotechnical
recommendations are available. If it is determined that Caltrans standard wall types are not
feasible, special design will be required. The scope and fee contained in this proposal are based on
the assumption that Caltrans standard wall type(s) will be used.
Our proposed scope of services is outlined below:
Task 1: Project Administration, Meetings and Coordination
¾ Project administration
¾ Coordinate with civil and geotechnical designer
¾ Attend one design coordination or kick-off meeting
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 11 of 19
183
City of Saratoga Pedestrian/Bicycle Railroad Crossing
October 26, 2017
Page 2 of 4
Task 2: 65% Unchecked Design
¾ Develop unchecked plans and details
¾ Develop unchecked technical specifications for structural portion of work
¾ Develop unchecked quantities and estimate for structural portion of work
Task 3: 95% Design
¾ Perform In-house independent QA/QC check on the 65% design documents
¾ Address 65% Design review comments by the City and the quality control reviewer
¾ Revise plans, specifications and estimate as required
¾ Prepare 95% Design plans, specifications and estimates for City submittal
Task 4: 100% Design
¾ Address 95% Design review comments by the City
¾ Revise plans, specifications and estimate as required
¾ Prepare 100% Design plans, specifications and estimates for City submittal
Task 5: Bid Construction Documents
¾ Address 100% Design review comments by the City
¾ Revise plans, specifications and estimate as required
¾ Prepare bid ready construction documents for City submittal
Assumptions
The following assumptions were made in preparing this proposal:
1. Retaining wall layout and profile will be provided to us by others.
2. Layout and profile are assumed to be final prior to completion of 65% Design. Revisions to
wall layout & profile data beyond 65% Design will be considered extra work.
3. As-built plans for existing facilities affecting design and construction (if any) will be provided
to BCA prior to completion of 65% Design.
4. The walls are located within City of Saratoga’s right-of-way. Design submittals will not be
reviewed by Caltrans or the Railroad (UPRR). However, due to proximity to UPRR track, minor
coordination with UPRR is anticipated.
5. Caltrans standard wall types will be used. No design calculations are required.
6. If Caltrans standard walls are determined to be not feasible and special design is required,
such design effort will be considered extra work.
7. Three City review cycles and four design submittals (65%, 95%, 100% and Bid Construction
Documents) are assumed.
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 12 of 19
184
City of Saratoga Pedestrian/Bicycle Railroad Crossing
October 26, 2017
Page 3 of 4
8. Structure design will be based on “AASHTO LRFD Bridge Design Specifications, 6th Edition” with
California Amendments.
9. Plans and details will be prepared in general conformance with Caltrans drafting standards.
10. Plans and details will be drafted using AutoCAD version 2015 or newer.
11. Structure special provisions will be prepared conforming to 2015 Caltrans specification format.
12. 2015 Edition of the Caltrans “Standard Specifications” and Caltrans “Standard Plans”
publications will be referenced in the project plans and specifications where applicable.
13. Geotechnical Engineering will be by others with preliminary recommendations provided
during development of 65% Design.
14. Civil, Traffic, Utility, and Environmental Engineering (if required) will be by others.
15. Permit applications required by the project will be prepared and filed by others.
16. Construction support and structure inspection services are not included in our scope but may
be provided as extra services.
Proposed Fee
Biggs Cardosa Associates, Inc. proposes to provide the scope of services outlined in this proposal
for a fixed fee, including expenses, as follows:
Task 1: Project Administration, Meetings and Coordination $ 1,388
Task 2: 65% Unchecked Design $ 8,072
Task 3: 95% Design $ 4,962
Task 4: 100% Design $ 2,674
Task 5: Bid Construction Documents $ 1,987
Reimbursable $ 200
Project Total $ 19,283
A detailed hourly fee breakdown and charge rate schedule can be found in the attached Exhibit B
and Exhibit C, respectively.
Client agrees to limit the liability of consultant, its principals and employees, to client and to all
contractors and subcontractors on the project, for any claim or action arising in tort or contract, to
the sum of $50,000 or consultant’s fee, whichever is greater. However, if consultant’s fee exceeds
$250,000, liability to the client and to all contractors and subcontractors shall not exceed
$250,000.
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 13 of 19
185
City of Saratoga Pedestrian/Bicycle Railroad Crossing
October 26, 2017
Page 4 of 4
Should you have any questions, please do not hesitate to call.
Sincerely,
BIGGS CARDOSA
ASSOCIATES, INC.
Ines Li, PE
Engineering Manager
Attachments:
Exhibit A – Concept Plan dated 4/11/2017
Exhibit B – Hourly Fee Breakdown
Exhibit C – Charge Rate Schedule
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 14 of 19
186
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Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 15 of 19
187
EXHIBIT C
CHARGE RATE SCHEDULE
Principal $224.00 - $288.00
Associate 200.00
Engineering Manager 172.00
Project Administrator 140.00
Senior Engineer 156.00
Project Engineer 140.00
Staff Engineer 128.00
Assistant Engineer 118.00
Junior Engineer 110.00
Senior Computer Drafter 127.00
Computer Drafter 110.00
Junior Computer Drafter 100.00
Secretarial Services 92.00
Construction Manager 208.00
Senior Structural Representative 182.00
Structural Representative 162.00
Assistant Structures Representative 130.00
Senior Bridge Inspector 162.00
Subconsultants Cost Plus 10%
Expenses Cost Plus 15%
In-House CADD Plots
Prints $0.30/ sq. ft.
Plots $1.50/ sq. ft.
Mylar Plots $3.00/ sq. ft.
Charge Rates Applicable October 1, 2017 Thru September 30, 2018
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 16 of 19
188
October 27, 2017
Parikh PR. No. 4381
SCOPE OF WORK
Geotechnical Investigation for
Guava Court Pedestrian/Bicycle Path Retaining Walls
City of Saratoga
Project
City of Saratoga proposes a new “Pedestrian/Bicycle Path” (Path) from Guava Court to
Frederick Drive. The grade of the path will be raised along Guava Court to cross the railroad
tracks. Two retaining walls will be required (one on each side of the path) to support the raised
path. The maximum height of the retaining wall will be approximately 8 feet and the length
will be approximately 160 feet.
Scope
The geotechnical services will include field exploration, laboratory testing, engineering analysis,
design coordination/interaction with the designs team, and a foundation report summarizing
findings and recommendations for the proposed retaining walls. Following is a task breakdown
for the proposed work.
Task 1.1 - Permits/USA Clearances: We will mark the proposed boring on the ground
and contact Underground Service Alert for utility clearance. If
encroachment permit is required within the City of Saratoga right of way, it
is expected that a no-fee encroachment permit with City will be granted
for the field work. Proposed borings will have to be away from the existing
trees, the existing sanitary sewer line and storm water line along the
roadway curb and towards the middle of the roadway of Guava Court. No
traffic control is planned since Guava Court is a quiet street with cul-de-sac
at one end. No Santa Clara Valley Water District “Drilling Permit” should
not be required since the boring will be less than 45’ deep.
Task 1.2 - Field Exploration: Two borings to the depth of approximately 44.5 feet
planned at the location along the footprint of the proposed path. We
anticipate using hollow stem auger and rotary wash drilling technique to
drill the borehole. Based on the geologic map, the project site is underlain
by Santa Clara Formation. The drilling spoils (non-contaminated) will be
hauled off site. The client will be contacted for further action and costs if
the cuttings are deemed to be contaminated. The borehole will be grouted
after drilling. The field work is estimated to take a day. If hard drilling is
encountered it may be extended to additional hours or a longer shift.
Task 1.3 - Laboratory Testing: Perform laboratory tests on representative soil/rock
samples such as moisture density, gradation analyses, strength tests
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 17 of 19
189
BKF-Engineers
PR 4381- Guava Court Pedestrian/Bicycle Path Retaining Walls
October 27, 2017
Page 2
corrosion tests and Plasticity Index tests, as necessary.
Task 1.4 - Engineering Analyses: Perform engineering analyses and develop design
recommendations for the proposed retaining. This will include vertical and
lateral design recommendations, input based on seismic conditions and
other site-specific design requirements.
Task 1.5 - Foundation Report (Draft): A Foundation Report for the retaining wall will
be prepared that will include foundation recommendations using
conventional spread footings or drilled pile foundation system. These
recommendations are typical of the retaining wall design requirements by
the structural designer.
Task 1.6 - Foundation Report (Final): The final foundation report will be prepared to
incorporate design review comments on the draft foundation report
and/or any design change between the draft foundation report and the
final foundation report stage.
Task 1.7 - Design Review Consultation through final design.
Based on the above, we have developed our budget as presented in the attached spread sheet.
Deliverables:
1. Draft Foundation Report
2. Final Foundation Report
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 18 of 19
190
PARIKH CONSULTANTS, INC.
10/26/2017
Job No. PR 4381
Client: BKF-Egnineers
Task: Retaining Walls Geotechnical Recommendations Permitting Field Exploration Laboratory Engineering Design Review
Location: Guava Court, Saratoga USA Clearance Testing Analyses & Consultation
Project: Guava Court Pedestrian/Bicycle Path Retaining Walls, Saratoga
Task 1.1 Task 1.2 Task 1.3 Task 1.4 Task 1.5 Task 1.6 Task 1.7
UNIT HOURS SUB- HR COST HR COST HR COST HR COST HR COST HR COST HR COST
PERSONNEL RATE UNIT TOTALS
1. Project Manager 95.37$ 5.0 476.84 1 95.37 0 0.00 0 0.00 0 0.00 1 95.37 1 95.37 2 190.74
2. Sen Engineer 69.11$ 3.0 207.33 0 0.00 0 0.00 0 0.00 0 0.00 2 138.22 1 69.11 0 0.00
3. Senior Project Engineer 61.98$ 18.0 1115.64 2 123.96 2 123.96 0 0.00 2 123.96 8 495.84 2 123.96 2 123.96
4. Project Engineer 44.55$ 42.0 1871.00 0 0.00 0 0.00 2 89.10 4 178.19 24 1069.14 12 534.57 0.00
5. Staff Engineer 34.67$ 30.0 1040.09 4 138.68 2 69.34 2 69.34 8 277.36 10 346.70 4 138.68 0.00
6. Field Engineer 45.52$ 13.0 591.70 3 136.55 10 455.16 0 0.00 0 0.00 0.00 0.00 0.00
7. Laboratory Technician 33.08$ 20.0 661.67 0 0.00 0 0.00 20 661.67 0 0.00 0.00 0.00 0.00
8. Engineering Draftsperson 36.09$ 10.0 360.91 0 0.00 0 0.00 0 0.00 0 0.00 8 288.73 2 72.18 0.00
DIRECT LABOR 141.0 6,325.19 10.0 494.6 14.0 648.5 24.0 820.1 14.0 579.5 53.0 2434.0 22.0 1033.9 4.0 314.7
OVERHEAD + FRINGES
(150.00% of direct labor)9,487.78 741.83 972.68 1,230.16 869.26 3,650.99 1,550.80 472.04
FIXED FEE
(10% of labor + overhead + fringes)1581.30 123.64 162.11 205.03 144.88 608.50 258.47 78.67
TOTAL LABOR COSTS 17,394.26$
OTHER DIRECT COSTS
1. Travel Mileage/Per Diem $350.00 0.0 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0.00
2. Permits (City of Saratoga Encroachment)$600.00 0.0 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0.00
3. Drilling Mob-Demob $364.00 1.0 364.00 0.00 1 364.00 0.00 0.00 0.00 0.00 0.00
4. Drilling Costs (per day) Pre. Wage $2,684.00 1.0 2684.00 0.00 1 2684.00 0.00 0.00 0.00 0.00 0.00
4a. Diamond Coring (per foot)$15.00 0.0 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0.00
5. Grouting of holes $315.00 1.0 315.00 0.00 1 315.00 0.00 0.00 0.00 0.00 0.00
6. Cutting Disposal* (per drum)$350.00 1.0 350.00 0.00 1 350.00 0.00 0.00 0.00 0.00 0.00
7. Traffic Control/ lane closure $2,000.00 0.0 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0.00
8. ODC Mark up 10%0.0 371.30 0.00 371.30 0.00 0.00 0.00 0.0 0.00 0.00
MILESTONE SUBTOTALS $1,360.02 $5,867.56 $2,255.29 $1,593.65 $6,693.49 $2,843.14 $865.41
TOTAL DIRECT COSTS 4,084.30$
$9,482.87
TOTAL COSTS (Labor & Direct Costs)21,478.56$
Field work includes two borings to 44.5 ft depth.
Any fee required from the City of Saratoga, such as the encroachment permit, will be waived.
Portion of the Guava Court will be occupied for the field exploraiton work with saftey cones and roadwork signs. Lane closure with traffic control is not planned.
Drill cuttings/spoils will be hauled off site.
Geotechnical Investigation for
Guava Court Pedestrian/Bicycle Path Retaining Walls
Engineering Analyses, Draft & Final ReportsField and Laboratory tests $11,995.69
Foundation Report
(Draft)
Foundation Report
(Final)
City of Saratoga Guava Court Retaining Walls Cost Estimate 10/27/2017
Contractor: BKF Engineers Project name: Fredericksburg-Guava RR Crossing Improvements
Exhibit A-1 Page 19 of 19
191
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City of Saratoga Design Services Contract
Exhibit B – Insurance
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City of Saratoga Design Services Contract
Exhibit C – General Provisions
1. INDEPENDENT CONTRACTOR. &LW\UHTXLUHVWKHVHUYLFHVRIDTXDOLILHGFRQWUDFWRU
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14.2 Remedies upon default8SRQDQ\GHIDXOWWKHQRQGHIDXOWLQJSDUW\VKDOOKDYH
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14.3 No Waiver)DLOXUHE\&LW\WRVHHNDQ\UHPHG\IRUDQ\GHIDXOWKHUHXQGHUVKDOO
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15. TERMINATION.(LWKHUSDUW\PD\WHUPLQDWHWKLVDJUHHPHQWZLWKRUZLWKRXWFDXVHE\
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SHUIRUPDQFHRIWKLVDJUHHPHQWDQGDQ\FRPSOHWHGRUSDUWLDOO\FRPSOHWHGZRUNZKLFKLI
BKF Engineers
Fredericksburg-Guava RR Crossing Improvements
203
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16. DISPUTE RESOLUTION7KHSDUWLHVVKDOOPDNHDJRRGIDLWKHIIRUWWRVHWWOHDQ\
GLVSXWHRUFODLPDULVLQJXQGHUWKLVDJUHHPHQW,IWKHSDUWLHVIDLOWRUHVROYHVXFKGLVSXWHV
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WKHHYHQWDQ\GLVSXWHUHVROXWLRQSURFHVVHVDUHLQYROYHGHDFKSDUW\VKDOOEHDULWVRZQ
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17. LITIGATION,IDQ\OLWLJDWLRQLVFRPPHQFHGEHWZHHQSDUWLHVWRWKLVDJUHHPHQW
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18. JURISDICTION AND SEVERABILITY7KLVDJUHHPHQWVKDOOEHDGPLQLVWHUHGDQG
LQWHUSUHWHGXQGHUWKHODZVRIWKH6WDWHRI&DOLIRUQLD-XULVGLFWLRQRIOLWLJDWLRQDULVLQJIURP
WKLVDJUHHPHQWVKDOOEHLQWKDWVWDWHDQGYHQXHVKDOOEHLQ6DQWD&ODUD&RXQW\&DOLIRUQLD
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LQRSHUDWLYHQXOODQGYRLGLQVRIDUDVLWFRQIOLFWVZLWKVDLGODZVEXWWKHUHPDLQGHURIWKLV
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19. NOTICE OF NON-RENEWAL&RQWUDFWRUXQGHUVWDQGVDQGDJUHHVWKDWWKHUHLVQR
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&RQWUDFWRUXQGHUDQHZDJUHHPHQWIROORZLQJH[SLUDWLRQRUWHUPLQDWLRQRIWKLVDJUHHPHQW
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20. PARTIES IN INTEREST7KLVDJUHHPHQWLVHQWHUHGRQO\IRUWKHEHQHILWRIWKHSDUWLHV
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21. WAIVER.1HLWKHUWKHDFFHSWDQFHRIZRUNRUSD\PHQWIRUZRUNSXUVXDQWWRWKLV
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VULJKWVVKDOOLQQRHYHQWEHGHHPHGDZDLYHURIWKHULJKWWRGRVRWKHUHDIWHU
-End of Exhibit C-
BKF Engineers
Fredericksburg-Guava RR Crossing Improvements
204
Contractor: BKF Engineers Project Name: Fredericksburg-Guava RR Crossing Improvements
-Exhibit E- Page 1 of 2
City of Saratoga Design Services Contract
Exhibit E - Supplemental Provisions
Exhibit C – Section 13 is replaced with the following:
13. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall immediately
defend, indemnify, and hold harmless City, its Council members, employees, agents and
officials, from any liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation,
costs and fees of alternative dispute resolution and litigation) of any kind whatsoever without
restriction or limitation, incurred arising out of, pertaining to, or relating to the negligence,
recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors and
supported by a Certificate of Merit. All obligations under this provision are to be paid by
Contractor as they are incurred by the City. Contractor’s obligation to indemnify applies unless
it is finally adjudicated that the liability was caused by the active negligence or willful
misconduct of an indemnified part y. If it is finally adjudicated that liability is caused by the
comparative active negligence or willful misconduct of an indemnified party, then Contractor’s
indemnification obligation shall be reduced in proportion to the established comparative liability.
13.1 Scope of Contractor Obligation. The obligations of Contractor under this or
any other provision of this agreement will not be limited by the provisions of any
workers' compensation act or similar act. Contractor expressly waives its statutory
immunity under such statutes or laws as to City, its employees and officials.
13.2 Subcontractors.Contractor agrees to obtain executed indemnity agreements
with provisions identical to those set forth in this section from each and every
subcontractor, sub tier contractor or any other person or entity involved by, for, with or
on behalf of Contractor in the performance or subject matter of this agreement. In the
event Contractor fails to obtain such indemnity obligations from others as required here,
Contractor agrees to be fully responsible according to the terms of this section.
13.3 Duty to Defend. In addition to Contractor’s obligation to indemnify, Contractor
shall defend, in all legal, equitable, administrative, or special proceedings, with counsel
approved by the City, the City, its Council members, employees, agents and officials,
immediately upon tender to Contractor of the claim in any form or at any stage of an
action or proceeding, once liability is established by a Certificate of Merit from a duly
licensed engineer. By a determination that persons other than Contractor are responsible
for the claim does not relieve Contractor from its separate and distinct obligation to
defend. The obligation to defend extends through final judgment, including exhaustion of
any appeals. The defense obligation includes an obligation to provide independent
205
Contractor: BKF Engineers Project Name: Fredericksburg-Guava RR Crossing Improvements
-Exhibit E- Page 2 of 2
defense counsel if Contractor asserts that liability is caused in whole or in part by the
negligence or willful misconduct of the indemnified party. If it is finally adjudicated that
liability was caused by the comparative active negligence or willful misconduct of an
indemnified party, Contractor may submit a claim to the City, and City will provide
reimbursement of reasonable attorneys’ fees and defense costs in proportion to the
established comparative liability of the indemnified party.
13.4 In General.Failure of City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth herein is binding on
the successors, assigns, or heirs of Contractor and shall survive the termination of this
agreement or this section. This section 13 shall in no event be construed to require
indemnification by Contractor to a greater extent than permitted under the public policy
of the State of California. For purposes of Section 2782 of the Civil Code the parties
hereto recognize and agree that this agreement is not a construction contract. By
execution of this agreement, Contractor acknowledges and agrees that it has read and
understands the provisions hereof and that this paragraph is a material element of
consideration. City approval of insurance required by this agreement does not relieve the
Contractor or subcontractors from liability under this paragraph.
- End of Exhibit E -
206
SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, Deputy City Manager
SUBJECT:Public Safety Task Force Funding Requests & Fundraising Plan
RECOMMENDED ACTION:
Consider request from the Public Safety Task Force to: 1)allocate funds for various Public Safety
Task Force work plan items; and 2) approve a fundraising plan for the Saratoga Safety Fair.
BACKGROUND:
On June 7, 2017, the City Council approved the proposed work plan from the Public Safety Task
Force. At that time, the Council directed the Task Force to bring any budget requests needed to
implement the work plan to the City Council by the December 6, 2017 City Council Meeting.
The Task Force has recommended an immediate allocation of $12,100 in the current Fiscal Year
budget to implement several work plan items. Additionally, the Task Force is recommending an
allocation of $16,200 in the Fiscal Year 2018/19 budget. The table below shows the budget
requests in detail.
Fiscal Year 2017/18 Funding Request
Item Cost
Safety Fair $3,000
Neighborhood Watch/CERT Gathering -Spring $1,500
2 Public Safety Postcards (6.25x9, mailed citywide)$7,600
Fiscal Year 2017/18 Request $12,100
Fiscal Year 2018/19 Funding Request
Item Cost
Neighborhood Watch Gathering -Fall 2018 $1,000
4 Public Safety Postcards (6.25x9, mailed citywide)$15,200
Fiscal Year 2018/19 Request $16,200
207
Saratoga Safety Fair
A public safety resource fair is one of the events called for in the Public Safety Task Force Work
Plan (Attachment A). If funding is approved for the event, the Saratoga Safety Fair will be held
on Sunday, May 20, 2018 at West Valley College in the Campus Center and will provide
residents with a variety of public safety resources. This would include resources available
through government organizations, like the Santa Clara County Sherriff’s Office, and through
businesses offering public safety services or goods. In addition to the resource tables, the event
will include activities for children and public safety presentations. Presentations might include
child seat safety, proper use of a fire extinguisher, creating a home emergency supply kit, fall
prevention for older adults, or home burglary prevention. Sheriff’s Office and Fire Department
vehicles are also expected to be on display.
Currently, the event cost for the Safety Fair is estimated at $3,000. This includes facility costs,
light refreshments, supplies for children’s activities, and banners.
The Task Force would like to charge a $250 sponsorship fees for business resource table hosts to
help offset event costs. A total of 10 tables will be reserved and available at no cost for
government agencies and non-profit organizations. Sponsors would be recognized in the event
program and map. The sponsors would also be acknowledged during remarks at the event. If the
City Council would like to allow the Public Safety Task Force to collect a sponsorship fee for
business resource table hosts, the proposed fundraising plan (Attachment B) should be approved.
The Task Force did not make a recommendation on whether to include funding for the resource
fair in the Fiscal Year 2018/19 budget, but may decide to provide a recommendation after
evaluating the success of the event.
Neighborhood Watch/Community Emergency Response Team (CERT) Gathering
One of the Task Force’s work plan items includes encouraging collaboration between
Neighborhood Watch and CERT. To that end, the Task Force is recommending a gathering of
Neighborhood Watch leaders and CERT members in the spring (tentatively planned for April).
While the program for the event has not yet been generated, the event is expected to explore
opportunities to integrate Neighborhood Watch and CERT. Similar to the Neighborhood Watch
gathering held in October 2017, the event would include dinner. The cost of the event is
estimated at $1,500.
Public Safety Postcards
One of the goals in the Public Safety Work Plan is to increase public safety communications and
provide regular communications. To achieve this goal, the Task Force is proposing to send out
postcards with public safety messaging on a quarterly basis. The postcards could cover a variety
of public safety topics, such as identity theft prevention, home burglary prevention, or seasonal
issues like package theft during the holiday season. In Fiscal Year 2017/18, the Task Force is
recommending an allocation of $7,600 to cover the cost of sending out two public safety
postcards. Additionally, the Task Force is recommending that $15,200 be allocated in the Fiscal
Year 2018/19 budget to send out four public safety postcards.
208
Neighborhood Watch Gathering
In October 2017, the Task Force hosted a gathering of Neighborhood Watch leaders. Roughly 40
people attended the Neighborhood Watch Get Together. Participants were broken up into groups
of 6 of fewer for small group discussion. At the end of the event, participants reported out key
takeaways from their small group discussions, providing the Task Force with insights into the
City’s Neighborhood Watch Program.
Many participants expressed that the event was beneficial and requested that it be held at least
once a year. Consequently, the Task Force is recommending that funding for another gathering
of Neighborhood Watch leaders in fall 2018 be programmed into the Fiscal Year 2018/19
budget. The estimated cost of the event is $1,000.
FISCAL STATEMENT:
The Task Force has recommended allocating $12,100 in Fiscal Year 2017/18 and $16,200 in
Fiscal Year 2018/19. There is currently $12,725 remaining in the Neighborhood Watch Grant
Program, which was previously used to cover costs for the October 2017 Neighborhood Watch
Lead Gathering. A total of 16 grants totaling $4,700 have been issued this Fiscal Year. With
additional grant requests expected this Fiscal Year, staff recommends keeping a balance of
$6,000 available for Neighborhood Watch grants, leaving $6,725 to allocate towards the Public
Safety Task Force Work Plan. Funding is available in the City Council Discretionary Fund to
cover the remaining $5,375 Fiscal Year 2017/18 allocation request.
ATTACHMENTS:
Attachment A – Public Safety Task Force Work Plan
Attachment B – Saratoga Safety Fair Fundraising Plan
209
Public Safety Task Force Work Plan
Approved June 7, 2017
MISSION: Enhance public safety in the City of Saratoga.
GOAL: Bring greater awareness to public safety through outreach and education; strengthen partnerships between residents and their neighbors, the City,
and public safety agencies; and monitor and track progress of City efforts.
PROPOSED ACTION ITEMS IMPLEMENTATION
1. Outreach and Education:
A. Create an improved public safety website Review existing content and provide staff with recommended changes before the launch of
the new City website, scheduled for late summer/early fall 2017.
B. Create a mobile app that includes public safety
information
Provide staff with recommendations for desired content and functionality to be
implemented in mobile app available through CivicPlus.
Review effectiveness of mobile app after implementation.
C. Increase public safety communications on a broad range
of public safety topics and provide regular
communications on public safety (as needed or on a set
schedule)
Create a public safety communications plan that identifies the audience, strategies for
communicating (including priority messages/information and communication frequency),
format for communications (such as email), and measure for success.
Include schools in communication efforts to target parents.
D. Hold a Saratoga Safety Fair that provides residents with a
variety of public safety resources, including information
on domestic violence reporting/prevention, identity theft
prevention, and burglary prevention
Identify event objectives and create an estimated event budget
Request event funding from the City council
Schedule event date and time
Work with staff to create outreach strategy
Document event planning process and lessons learned so that it can be recreated in future
years
2. Strengthen Partnerships:
A. Host a gathering of Neighborhood Watch leaders Schedule event date and time
Work with staff to create outreach strategy
Document event planning process and lessons learned so that it can be recreated in future
years
B. Increase the number of Neighborhood Watch groups Identify areas without a Neighborhood Watch
Conduct targeted outreach to those areas to solicit interest in Neighborhood Watch,
including CERT members that may not be part of an existing Neighborhood Watch
210
C. Encourage collaboration between Neighborhood Watch
and CERT by working to have 1 CERT member per
neighborhood
Identify Neighborhood Watch groups without active CERT Members
Conduct targeted outreach to those areas to solicit interest in CERT
D. Review process and guidelines for forming Neighborhood
Watch groups
Recommend changes to the City’s Neighborhood Watch registration process, if necessary
E. Establish guidelines for keeping Neighborhood Watch
groups active
Survey or solicit input from Neighborhood Watch groups to better understand what has
worked well and should be avoided when forming Neighborhood Watch groups or keeping
them active
Draft a guide for keeping a Neighborhood Watch group active
3. Monitor and Track Progress:
A. Develop a metric for measuring success of public safety
efforts, such as arrest rates
Work with Sheriff’s Office to identify effective measures for tracking progress, including
crime rates, calls to 911, and arrest rates or case solved rates
Identify regular review period (such as annual or quarterly) to monitor success
B. Measure/monitor engagement of Neighborhood Watch
groups
Create Neighborhood Watch survey for leads to inquire about activities and engagement
Regularly review Neighborhood Watch registration and grant applications (such as annual
or quarterly)
CITY COUNCIL PRIORITIES & DIRECTION FOR IMPLEMENTATION:
- Improve Public Safety Website
- Communications and Outreach
o Include schools in outreach to target parents
- Gathering of Neighborhood Watch Leaders
- Development of metric(s)
- Present any budget requests that may be needed to achieve work plan items to the Council by the December 6, 2017 City Council Meeting
211
CityofSaratogaFundraisingPlan
FundraisingPlanTitle&Purpose:Pleaseprovideatitleanddescriptionforyourfundraising
project.
FundraisingParticipants:Pleaselistthenamesforallgroupsandindividualsthatwill be
conductingfundraising.
DonationType/Amount:Pleasedescribethetypesandamountofdonationsthatwillbe
sought.
AnticipatedDonors:Pleasedescribewhowillbeapproachedfordonations.
DonorRecognitionPlan:Pleasedescribehowdonorswillberecognized.
FundraisingTimeline:
CouncilReviewofFundraisingPlan:
FundraisingStart:
FundraisingCompletion:
CouncilReviewofDonations:
DonorRecognitionComplete:
Restrictions/Reporting:Pleaseidentifyanyrestrictionsorreportingrequirements
associatedwiththisfundraisingplan.
Saratoga Safety Fair - the Public Safety Task Force Work Plan included hosting a resource fair on public safety resources. As part
of the Safety Fair, the Task Force would like to invite businesses with a public safety focus to host resource tables for a fee. A cap
of resource tables will be established based on space availability. A total of 10 tables will be reserved for government
agencies/non-profit service organizations. Government agencies and non-profit organizations will not be subject to a resource
table sponsorship fee.
Public Safety Task Force Members, Crystal Bothelio (Deputy City Manager)
$250 Sponsorship Fee/Table
Business Resource Table Hosts
Sponsors will be noted on the event program/map and acknowledged at the event
December 6, 2017
January 2017
April 2017
N/A
Saratoga Safety Fair - May 2017
212
SARATOGA CITY COUNCIL
MEETING DATE:December 6, 2017
DEPARTMENT:City Manager’s Office
PREPARED BY:Nora Pimentel, City Clerk
SUBJECT:Review of City Council Assignments
RECOMMENDED ACTION:
Review the list of City Council assignments and provide direction on changes to items included in
the assignments.
BACKGROUND:
Every December, the City Council reviews assignments and provides direction on changes in
two parts. During the first meeting,the City Council reviews the list of assignments and provides
direction on assignments that should be added or removed, as well as assignment descriptions.
During the second meeting in December, proposed member assignments are presented for City
Council consideration and adoption. Each Council Member should submit assignment
preferences to the Mayor by Sunday, December 10. Proposed Council Member assignments will
be submitted to the City Clerk to be included as an attachment to the agenda packet for the
December 20, 2017 City Council meeting.
ATTACHMENTS:
Attachment A –City Council Assignment Descriptions
Attachment B –Current City Council Assignments
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SARATOGA CITY COUNCIL ASSIGNMENT DESCRIPTIONS
AGENCY ASSIGNMENTS-VOTING DESCRIPTION
Association of Bay Area
Government (ABAG)
ABAG is the Regional Planning Agency for the nine County Bay Areas. Executive Board meetings are held
quarterly, however a representative appointed by the Santa Clara Cities Association represents Saratoga along
with other cities in Santa Clara County.
More information: www.abag.ca.gov
The annual General Assembly is held in Oakland in the spring (and occasionally also in the fall), date and time
to be announced.
Cities Association of Santa
Clara County Board of
Directors
The Cities Association serves as a forum for the 15 cities within Santa Clara County to discuss issues of mutual
concern. Andi Jordan, Executive Director, staffs the organization. One Council Member represents each city at
meetings of the Cities Association.
More information: http://citiesassociation.org
Contact: Andi Jordan (408) 766-9534
Meetings are held on the second Thursday of every month, except July, at 7:00 p.m. at Sunnyvale City Hall at
456 West Olive Avenue in Sunnyvale.
Cities Association of Santa
Clara County Legislative
Action Committee
The Cities Association Legislative Action Committee periodically convenes to consider and act on regional and
state-wide issues that are of unique local interest to the cities of Santa Clara County. The membership consists
of one representative from each City in the County.
More information: http://citiesassociation.org
Contact: Andi Jordan (408) 766-9534
The Legislative Action Committee meets prior to the Board of Director’s Meeting, as needed.
Cities Association of Santa
Clara County City Selection
Committee
The Cities Association Selection Committee periodically convenes to make appointments to regional and local
bodies, pursuant to Government Code 50270-50279.4. Per the Cities Association Bylaws, the members include
the Mayor or the Mayor’s designee of each City in the County.
More information: http://citiesassociation.org
Contact: Andi Jordan (408) 766-9534
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The Cities Selection Committee meets prior to the Board of Director’s Meeting, as needed.
Hakone Foundation Board The Hakone Foundation is a 501c3 nonprofit that operates Hakone Gardens in Saratoga. In accordance with the
City’s lease agreement with the Hakone Foundation, two members of the City Council shall represent the City of
Saratoga on the Board of Directors. The two Council Members have the same rights and duties of other
members of the Board of Trustees.
More information: http://www.hakone.com/about/board-of-trustees.html
Contact: Shozo Kagoshima (408) 741-4994
The Board meets quarterly at 7:00 p.m. on the third Thursday of February, May, September, and has special
meetings when needed. Meets at Hakone at the Cultural Exchange Center.
Hakone Foundation Board &
Executive Committee
Per the City’s agreement with the Hakone Foundation, the City is entitled to one position on the Executive
Committee. The Mayor shall occupy the position or a Council Member selected by the Mayor may fill the
position.
KSAR Community Access
CATV Foundation Board
One member of the City Council, along with the City Manager or the City Manager’s designee, represents the
City on the Community Access Television Board. Other Board members include representatives from the West
Valley-Mission College District Board, one staff member from West Valley College and three public members
who must be Saratoga residents and who are selected jointly by the four City and College Board members. The
CATV Board establishes policies and priorities for the management and operation of the local community access
television station, which are then implemented by the Community Access Coordinator. KSAR is a 501c3 Board.
More information: http://www.ksar15.org/home/index.php
Contact: David Lee
The Board meets on the second Tuesday of every other month at 12:00 p.m. at City Hall.
County of Santa Clara
Comprehensive County
Expressway Planning Study
Policy Advisory Board
The County of Santa Clara Comprehensive County Expressway Plan 2040 Policy Advisory Board is comprised of
one Council Member from each city in Santa Clara County, along with two County Supervisors, two Santa Clara
Valley Transportation Authority Board Members, and two County Roads Commissioners (non-voting). The Board
reviews needs of expressways and the Santa Teresa/Hale corridor based on land use plans, projected traffic
growth, and Complete Streets planning.
More information: https://www.sccgov.org/sites/rda/PnS/PS/expyplan2040/Pages/study.aspx
Contact: Ellen Talbo (408) 5-73-2482
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Meeting schedule varies. Meetings are held in the County Board of Supervisors Chambers at 70 West Hedding
Street in San Jose.
Santa Clara County Housing
and Community
Development Advisory
Committee (HCDAC)
The HCD Council Committee is comprised of local elected officials who review and recommend policies and
priorities concerning the County’s Housing & Community Development, and Community Development Block
Grant Programs (CDGB) to the County Board of Supervisors.
More information: http://www.sccgov.org/sites/oah/Housing%20-
%20Community%20Development%20(HCD)/Pages/Santa-Clara-County-Housing-and-Community-Development-
Program.aspx
Contact: (408) 441-4323
The Committee meets three times during the Fiscal Year at 2310 North First Street, San Jose.
Santa Clara County Library
District Joint Powers
Authority Board
A City Council Member from each city within the Santa Clara County Library District serves on the Library JPA
Board. The Library JPA is the policy making and governing body of the County’s library system.
More information: http://www.sccl.org/about/governance/jpa-board-meetings
Contact: Tracy Ellenberger (408) 293-2326 x3093
The Library JPA meets four times a year in January, April, June, and October on the fourth Thursday at 1:30
pm. at the Santa Clara County Library Services and Support Center, located at 1370 Dell Avenue in Campbell.
In June, the meeting is held the first Thursday.
Santa Clara Valley Water
Commission
The Water District’s Water Commission advises the Water District Board on issues related to water supply, flood
protection and environmental stewardship. Commission Members include representatives from each of the
cities in the County, the Water District, the County, Santa Clara County open Space Authority, and Midpeninsula
Regional Open Space District.
More information:http://www.valleywater.org/About/WaterCommission.aspx
Contact: Glenna Brambill (408) 630-2408
The Water Commission meets on the 4th Wednesday from 12:00 p.m. - 2:00 p.m., in January, July, and
October, with the exception of April which meets on the 2
nd Wednesday at the District Headquarters located
at 5700 Almaden Expressway in San Jose. Lunch is available at 11:30 a.m.
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Saratoga Area Senior
Coordinating Council
The Saratoga Area Senior Coordinating Council (SASCC) is a non-profit that operates the Saratoga Senior Center
and Adult Care Center. One member of the City Council serves as liaison to the SASCC Board to maintain open
communications between the City and SASCC.
Contact: Tyler Taylor (408) 868-1257
The Board meets on the fourth Wednesday every of month at 3:00 a.m. at City Hall in the Magnolia Room
(with the exception of December).
Silicon Valley Clean Energy
Authority Board of Directors
The purpose of the Board of Directors is to provide policy, administrative, and operational oversight to the
Silicon Valley Clean Energy Authority. The membership includes representatives of each of the communities
participating in the Silicon Valley Clean Energy Authority.
More information: http://www.svcleanenergy.org/
Meetings are held the 2th Wednesday of each month at 7:00 p.m. at the Cupertino Community Hall, 10350
Torre Ave, Cupertino
South Flow Arrivals Ad Hoc
Committee
The City of San Jose formed the Ad Hoc Committee on South Flow Arrivals to address complaints from residents
throughout Santa Clara County regarding noise impacts that result from south flow airplane arrivals into San
Jose International Airport. The South Flow Arrivals Ad Hoc Committee has been tasked with: gathering input,
concerns, and comments from the general public on the south flow issue; identifying and discussing possible
options to address this procedure’s noise impact; and recommending potential “feasible” options for FAA
consideration. The Committee will only be focused on the south flow noise issue and will sunset after 120 days.
Each city in the County has been invited to appoint one City Council Member and an alternate to the Ad Hoc
Committee.
More information: http://www.flysanjose.com/Ad_Hoc_Advisory_Committee
Contact: James Webb, Jr. (408) 392-3609
Valley Transportation
Authority Policy Advisory
Committee
The VTA PAC is one of several standing advisory committees to the VTA Board of Directors. Composed of
elected official representing each of the cities in the County, the PAC makes recommendations to the VTA Board
on issues of transportation planning and programming.
More information: http://www.vta.org/get-involved/advisory-committee/policy-advisory-committee-pac
Contact: Office of the Board Secretary (408) 321-5680
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The VTA PAC generally meets on the second Thursday of the month at the VTA River Oaks Campus at 3331
North First Street, Conf. Room B-104 in San Jose, at 4:00 p.m. or as otherwise posted
Valley Transportation
Authority State Route 85
Corridor Policy Advisory
Board
The SR 85 Corridor Policy Advisory Board was established to ensure the stakeholder cities in the SR 85 corridor
are involved in the development of existing and potential transportation capital projects along the corridor and
have the opportunity to provide input and recommendations to the VTA Board of Directors.
More information: http://www.vta.org/Get-Involved/Policy-Advisory-Boards/State-Route-SR-85-Corridor-
Policy-Advisory-Board
Contact: Office of the Board Secretary (408) 321-5680
Meetings are held the 4th Monday of every month at 10 a.m., except Nov. and Dec. which meet on the 3rd
Monday at 10 a.m. Meetings are at VTA offices at 3331 N. First St., San Jose or otherwise posted
West Valley Mayors and City
Managers Association
The West Valley Mayors and Managers Association is a sub-regional grouping of the VTA governance
structure. It consists of the Mayors and City Mangers from the cities of Campbell, Cupertino, Monte Sereno,
Saratoga and the Town of Los Gatos. It is charged with selecting the VTA Board member representing the above
municipalities (for a two year term).
Meetings are monthly, meetings in August and December are usually cancelled. Each city hosts the gathering
for a year at a time, rotating in alphabetical order
West Valley Sanitation
District
The West Valley Sanitation District provides wastewater collection and disposal services to Campbell, Monte
Sereno, Los Gatos, most of Saratoga, and a portion of unincorporated Santa Clara County. The five-member
Board of Directors is composed of one Council Member from each of the four west valley cities and the District
4 Santa Clara County Supervisor. Board members are compensated $100 for each meeting attended.
More information: http://www.westvalleysan.org/aboutus/directorsandstaff/agendas-and-minutes
Contact: John Newby (408) 378-2407
The Board meets on the second Wednesday of the month at 6:00 p.m. (unless the Board adopts an alternate
schedule) at the District’s Office located at 110 E. Sunnyoaks Avenue in Campbell
West Valley Solid Waste
Management Authority
This WVSWMA consists of the west valley cities of Campbell, Los Gatos, Monte Sereno, and Saratoga. The
Authority was formed to coordinate efforts in carrying out solid waste collection and disposal activities, and in
meeting the mandates of AB939, the States’ Integrated Waste Management Act. The Authority is responsible
for establishing collection rates within each city and overseeing both landfill and hauler agreements. The
Authority Board is composed of one Council Member from each of the four member agencies.
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More information: http://www.wvswma.org
Contact: Marva Sheehan (925) 977-6961
Meetings are held on the first Thursday of February, May, September, and November at 5:00 p.m. at Monte
Sereno City Hall located at 18041 Saratoga Los Gatos Road in Monte Sereno
Liaison Assignments - Non-Voting
America in Bloom Committee The Saratoga America in Bloom Committee is comprised of residents and volunteers in Saratoga that work on
submittal of the Saratoga America in Bloom application, work towards having Saratoga become a member of
the America in Bloom Circle of Champions, and host America in Bloom judges. The City Council representative
serves as a liaison to maintain open communication with the committee.
Meetings are held as needed.
Saratoga Chamber of
Commerce Board &
Destination Saratoga
Saratoga Chamber of Commerce promotes local business through a variety of programs and services, including
networking, member education, business development, promotion, marketing, and advertising assistance. One
member of the City Council serves as liaison to the Chamber of Commerce Board.
More information: http://www.saratogachamber
Contact: Emma Cherniss (408) 867-0753
Meetings are held on the second Thursday of every month at 4:00 p.m. at the Chamber of Commerce Office.
Destination Saratoga promotes Saratoga as a leisure destination, emphasizing its scenic beauty and unique
offerings in food, wine, recreation, and leisure. Additionally, Destination Saratoga works toward establishing
and maintaining a branding identity for the City of Saratoga.
Meetings are held as needed.
Saratoga Historical
Foundation Board of
Directors
The Saratoga Historical Foundation in 1962 to promote interest in Saratoga history, research and collect
records, pictures, artifacts, and other memorabilia related to local history, and maintain the history for the
display and safekeeping of archival material. One member of the City Council serves as a liaison to the Historical
Foundation.
More information: http://www.saratogahistory.com/
Contact: Annette Stransky (408) 867-7468
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Meetings are held on the third Thursday of the month (excluding December and August) from 5:00 – 7:00
p.m. in the Historical Museum.
Saratoga Ministerial
Association
The Saratoga Ministerial Association is comprised of representatives from communities of faith located within
the city of Saratoga. The purpose of the group is to build community and support city residents through
cooperation and joint activities, including the annual Thanksgiving Day service, summer block parties and other
events. One member of the City council serves as liaison to the Ministerial Association.
Contact: Debbie Bretschneider (408) 868-1216
The group meets monthly on the fourth Wednesday at noon (except in July, August and December). The
location rotates among the congregations.
Saratoga Sister City
Committee Liaison
The purpose of the Sister City Committee is to plan and carry out programs and activities, which strengthen
Saratoga’s relationship with its sister city, Muko-Shi, in Japan. One member of the City Council serves as liaison
to the Sister City Committee.
Contact: Peter Marra at piero@pacbell.net
Meetings are held the first Tuesday of every month at 7:00 p.m. at the Joan Pisani Community Center.
Council Committee Assignments
Council Finance Committee The Finance Committee reviews and provides recommendations on the City’s financial matters, including the
budget, financial policies, and annual audit.
More information: http://www.saratoga.ca.us/359/Finance-Committee
Contact: Mary Furey (408) 868-1221
Meetings are typically held monthly.
Public Art Committee The Public Art Committee is comprised of 12 Council Members. They meet with interested members of the
public. The Committee considers and makes recommendations on opportunities for public are in Saratoga.
More information: http://www.saratoga.ca.us/326/Public-Art-Committee
Contact: Crystal Bothelio (408) 868-1269
Meetings are held as needed.
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2017 SARATOGA CITY COUNCIL ASSIGNMENTS
Adopted via Resolution No. 17-055
Agency Assignments -Voting Council Member Alternate
Association of Bay Area Governments Bernald Kumar
Cities Association of Santa Clara County Board of Directors Cappello Bernald
Cities Association of Santa Clara County –Legislative
Action Committee
Bernald Cappello
Cities Association of Santa Clara County –City Selection
Committee
Bernald Cappello
Hakone Foundation Board Bernald N/A
Hakone Foundation Board & Executive Committee Lo N/A
KSAR Community Access TV Board Lo Bernald
County of Santa Clara Comprehensive County Expressway
Planning Study Policy Advisory Board
Kumar N/A
Santa Clara County Housing and Community Development
(HCDAC) Advisory Committee
Cappello Bernald
Santa Clara County Library Joint Powers Authority Board Lo Kumar
Santa Clara Valley Water Commission Kumar Miller
Saratoga Area Senior Coordinating Council (SASCC)Cappello Bernald
Silicon Valley Clean Energy Authority Board of Directors Miller Lo
South Flow Arrivals Ad Hoc Committee Bernald Miller
Valley Transportation Authority (VTA) Policy Advisory
Committee
Miller Kumar
VTA State Route 85 Corridor Policy Advisory Board Miller Bernald
West Valley Mayors and Managers Association Lo Bernald
West Valley Sanitation District Cappello Bernald
West Valley Solid Waste Management Joint Powers
Authority
Bernald Lo
Liaison Assignments -Non-Voting Council Member Alternate
America in Bloom Committee Miller Kumar
Saratoga Chamber of Commerce Board & Destination
Saratoga
Kumar Lo
Saratoga Historical Foundation Bernald Lo
Saratoga Ministerial Association Miller Any Member
Available
Saratoga Sister City Organization Kumar Bernald
Council Committee Assignments Council Member 2nd Council Member
Council Finance Committee Miller Lo
Public Art Committee Lo Bernald
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