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06-11-2019 Heritage Preservation Commission Agenda Packet
Page 1 of 2 SARATOGA HERITAGE PRESERVATION COMMISSION REGULAR MEETING June 11, 2019 8:30 AM REGULAR MEETING Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 1. Site Visit(s): a. None 2. Call to Order: 3. Roll Call- Alexandra Nugent, Annette Stransky, Dr. Jo Rodgers, Marilyn Marchetti and Rina Shah 4. Oral Communications Any member of the public may address the Commission about any matter not on the agenda for this meeting for up to three minutes. Commissioners may not comment on the matter but may choose to place the topic on a future agenda. 5. Approval of the minutes a. April 9, 2019 b. May 14, 2019 6. New Business: a. Commissioner Handbook Training (City Clerk) b. Inventory letters 7. Staff Comments: a. Village Design Guidelines update 8. Old Business: a. Heritage Orchard Master Plan update (status report from commissioners) b. Project Status Update 9. Commission Items 10. Adjournment In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related Page 2 of 2 modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (408) 868- 1216 or dbretschneider@saratoga.ca.us. Requests must be made as early as possible and at least one full business day before the start of the meeting. Any recommendation made by the Heritage Preservation Commission may be appealed to the Planning Commission within ten (10) days of the date of the decision. The appeal shall be taken by filing with the Secretary of the Heritage Preservation Commission a written notice and filing fee within ten (10) days of the date of the decision. In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Heritage Preservation Commission by City staff in connection with this agenda are available at the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, California 95070. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the Director at the time they are distributed to the Heritage Preservation Commission. CERTIFICATE OF POSTING OF AGENDA I, Nicole Johnson, Planner II, for the City of Saratoga, declare that the foregoing agenda for the meeting of the Heritage Preservation Commission was posted and available for public review on June 6, 2019 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Page 1 of 1 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 M E M O R A N D U M MEETING DATE: June 11, 2019 TO: Heritage Preservation Commission FROM: Nicole Johnson, Planner II SUBJECT: Item 5a- April 9, 2019 HPC Minutes Background: On May 13, 2019, Vice Chair Jo Rodgers sent an email (Attachment 1) requesting changes to the April 9, 2019 HPC minutes. Staff Recommendation: Consider the Vice Chair’s recommendations, discuss, and approve the minutes as provided or amend the minutes. Attachments: 1. Email from Jo Rodgers dated May 13, 2019 2.April 9, 2019 HPC minutes 1 Nicole Johnson From:MARILYN MARCHETTI <marilyn.marchetti@comcast.net> Sent:Monday, May 13, 2019 5:18 PM To:Jo Rainie Rodgers Cc:Nicole Johnson; Sandy Baily Subject:Re: May 14, 2019 HPC Packet Hi Jo, I just read through the entire packet and noticed that you were talking about the minutes. I will be sure that your notes get added. We may have to wait until you return to approve the minutes with your remarks. I shall ask Nicole and Sandy at the meeting and let you know. Marilyn On May 13, 2019 at 5:11 PM Jo Rainie <jo_rainie@yahoo.com> wrote: My comments were about the minutes. I didn't think they were complete/accurate. And, thanks for the update. Jo On Monday, May 13, 2019, 5:12:13 PM CDT, MARILYN MARCHETTI <marilyn.marchetti@comcast.net> wrote: Hi Jo, The orchard MP and the Grover House are on the agenda and we will discuss. The Heritage Lane (Saratoga Avenue) will come up in action items to discuss. BYW... the orcard and Grover House will be brought up at each meeting because they are action items. Safe travels and see you in July. Marilyn On May 13, 2019 at 2:29 PM Jo Rainie <jo_rainie@yahoo.com> wrote: Hi Nicole and Marilyn, I read through the minutes from our last meeting and I encourage the HPC to add a few more details. Regarding Commission Items: the city council stated that the update to the Orchard Mast Plan was their top priority for the HPC during the next fiscal year. The HPC will head the Orchard Master Plan project, with support from City staff. Ordinance change for Saratoga Avenue - HPC was advised not to submit their preferred wording for the ordinance change to staff at this time. Nicole, I think you stated that Council requested that City staff work with them to create a process for changing an ordinance before the HPC and staff can move forward with this. Attachment 1 2 A Grover House update was requested for the June meeting. Staff noted that they are unaware of the condition or storage of the front façade of the Grover House, but will look into it and report back to the HPC. Reminder - I am out of state all week. See you in June. Jo ----- Forwarded Message ----- From: Nicole Johnson <njohnson@saratoga.ca.us> To: Alexandra Nugent <alexandranugent@sbcglobal.net>; Annette Stransky <annette022003@yahoo.com>; Jo Rainie Rodgers <jo_rainie@yahoo.com>; Marilyn Marchetti <marilyn.marchetti@comcast.net>; Rina Shah <rina_u_shah@yahoo.com> Cc: Sandy Baily <sbaily@saratoga.ca.us>; Debbie Pedro <dpedro@saratoga.ca.us> Sent: Wednesday, May 8, 2019, 7:05:12 PM CDT Subject: May 14, 2019 HPC Packet Good Afternoon Commissioners, Please find the May 14th HPC agenda packet attached. Hard copies of the packet are available at the Planning Counter during business hours. The office is open this Friday (5/10/19) *Please note-we have two site visits. We will meet at 20570 Marion Road at 8:30 am then continue to 20331 Orchard Road. Have a great weekend. Sincerely, Nicole Nicole Johnson Planner II City of Saratoga | Community Development Department 13777 Fruitvale Avenue | Saratoga, CA 95070 (408) 868-1209| www.saratoga.ca.us Page 1 of 3 SARATOGA HERITAGE PRESERVATION COMMISSION DRAFT MINUTES April 9, 2019 8:30 AM REGULAR MEETING Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 1.Site Visit(s): None 2.Call to Order: Chair Marilyn Marchetti called the meeting to order at 8:30 AM 3.Roll Call- Present: Chair Marilyn Marchetti, Vice Chair Dr. Jo Rodgers, and Annette Stransky Absent: Alexandra Nugent and Rina Shah Staff: Nicole Johnson, Planner II, Sandy Baily, Special Projects Manager, John Cherbone, Public Works Director and Kate Bear, Senior Arborist 4.Oral Communications None 5. Approval of February 12, 2019 minutes Nugent/Rodgers moved to approve the minutes. Motion passed. Ayes: Marchetti, Rodgers and Stransky. Noes: None. Absent: Shah and Nugent 6.Commission Items This matter was scheduled as Item 9 but moved to Item 6 by Chair Marchetti to update the Commission regarding their joint meeting with City Council as it pertained to items on this agenda. Marchetti noted that all the HPC items on the workplan were approved and that Council stated the update of the Heritage Orchard Master Plan was their top priority. The Commission noted that the upcoming orchard tour needed to be videotaped. Marchetti said she could do the videotaping. Commission tentatively set the tour for April 29th and staff will confirm with the absent Commissioners and other parties involved of their availability for that day. Commission discussed proceeding with four point of interest markers. Rodgers brought up the code amendments and commented that their draft is close to ready to go to Council. Nicole Johnson reminded the Commission that the Council requested that the process for the amendments be presented to them first for Council consideration regarding next steps. 7.New Business: Attachment 2 Page 2 of 3 a. Blossom Festival – HPC discussed working shifts and setup. b. Arbor Day -HPC discussed starting time, location of event at Gardiner Park and set up. Stransky and Rodgers said they would attend c. National Preservation Month – HPC confirmed events to include in Council’s proclamation which is scheduled for May 1, 2019. d. Village Design Guidelines – Nicole Johnson provided a background summary of the Village Design Guidelines and noted that the verbiage was previously reviewed by the HPC and approved by Council and that the matter before the HPC was to review the illustrations. Commissioner Stransky commented that the illustration on Page 24 which used cobblestone was misleading and should be changed to a material used in the Village. Rodgers noted that she had found several grammatical inconsistencies within the document. The HPC confirmed that although the wording has been approved by Council it was important that the Planning Commission and Council be made aware of the inconsistencies prior to the document being finalized. Johnson requested that the grammatical comments be forwarded to her. The HPC also questioned the revised boundaries of the Village and requested staff to confirm the actual boundary. e. Heritage Orchard Master Plan Update – Nicole Johnson referenced the time line flow chart and discussed that it would be helpful to setup subcommittees to handle specific tasks. It was agreed that subcommittees should be established on an as needed basis. HPC discussed moving up the timing of the items in the flow chart and to use specific dates. Time line will be reassessed in June. Chair Marchetti suggested that Commission should review other heritage orchards and she volunteered to research the Sunnyvale orchard. Commissioner Stransky volunteered to research the Los Altos orchard and Commissioner Rodgers volunteered to research the County orchard. John Cherbone and Kate Bear requested that the Commission consider the following items during their research regarding how the jurisdictions manage their orchard. The information will assist staff in preparing the RFP for Council in September regarding the contract for maintenance. • What do the cities do with the harvested fruit? • How do they handle herbicides, pesticides and fungicides? • Is the health of the tree more important than the amount of the yielded fruit? • What is grown in the orchard? • How many trees are in the orchard? • What is the size of the orchard? Chair Marchetti requested that the Commission be provided with a copy of the last RFP. Member of the public, Norm Koepernick, commented that it doesn’t matter what other jurisdictions do, Saratoga should do what is best for Saratoga in preserving the orchard for the next 100 years. Koepernick recommended that the Commission should also contact the people at the Farm Bureau. Koepernick stated that he is very concerned with Page 3 of 3 the preservation of the orchard and wants to be involved in the process. Koepernick stated that he is helping Matt Novakovich, current caregiver of the orchard, however he can and that the Commission needs to consider the cause and effects of what is proposed. The importance of the orchard is equivalent to Hakone Gardens and Villa Montalvo. Koepernick commented that there are pros and cons for incorporating educational buildings within the orchard. Matt Novakovich noted that it was important to understand that microclimates will be different in other jurisdictions. 8. Staff Comments: a. County Grant – Staff informed the Commission about the release of a Santa Clara County historic grant program. Staff will be attending the technical workshop and will provide further updates to the Commission. 9. Old Business: a. Project Status Update – Sandy Baily updated the Commission regarding the Project Status Worksheet and requested the Commission to determine if the HPC should proceed with the three properties where the owners have requested to not have their properties included on the heritage resource inventory. This matter was continued to the next meeting to allow the Commissioners time to independently look at the site to determine if there is merit to proceed with the process without the property owners consent. Updates on the Grover house development was requested to be included on the project status worksheet. 10. Adjournment Chair Marilyn Marchetti adjourned the meeting at 10:04 AM. Minutes respectfully submitted: Nicole Johnson, Planner II City of Saratoga Page 1 of 2 SARATOGA HERITAGE PRESERVATION COMMISSION DRAFT MINUTES May 14, 2019 8:30 AM REGULAR MEETING Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 1. Site Visit(s): a. 20570 Marion Road b. 20331 Orchard Road 2. Call to Order: Chair Marilyn Marchetti called the meeting to order at 8:55 AM 3. Roll Call: Present: Chair Marilyn Marchetti, Annette Stransky, Alexandra Nugent and Rina Shah Absent: Vice Chair Dr. Jo Rodgers Staff: Nicole Johnson, Planner II, Sandy Baily, Special Projects Manager 4. Oral Communications: None 5. Approval of April 9 and 29, 2019 minutes: Minutes for the April 9, 2019 meeting were continued to the next meeting to allow Rodgers to be in attendance. Stransky/Nugent moved to approve the minutes of April 29, 2019. Motion passed. Ayes: Marchetti, Stransky, Shah and Nugent. Noes: None. Absent: Rodgers 6. New Business: a. 20570 Marion Road – The Commission considered an application for a new covered rear porch. Marchetti expressed concern that the proposed Shaker style porch columns were not in keeping with the style of the house. Nugent/Shah moved to recommend approval of the application with a condition that the porch columns be a plain square post with a decorative cap and crown at the top and bottom. Motion passed. Ayes: Marchetti, Shah, Stransky and Nugent. Noes: None. Absent: Rodgers. b. 20331 Orchard Road – The Commission considered a request to add this property to the Heritage Resource Inventory and to recommend a Historic Landmark designation. Stransky/Shah moved to add the property to the Heritage Resource Inventory. Motion passed. Ayes: Marchetti, Shah, Stransky and Nugent. Noes: None. Absent: Rodgers. Nugent/Stransky moved to find that the structure retains a substantial degree of architectural and structural integrity with respect to the original design and recommends to City Council that the property be designated a Historic Landmark. Motion passed. Page 2 of 2 Ayes: Marchetti, Shah, Stransky and Nugent. Noes: None. Absent: Rodgers. 7. Staff Comments: c. Commission Recognition Dinner – Nicole Johnson reminded the Commission about the dinner will be held on May 29, 2019. d. Grover House Update – Nicole Johnson provided an update of the Grover House development and provided photographs of the salvaged material. 8. Old Business: a. Heritage Orchard Master Plan update –Nicole Johnson went over the materials she prepared for the Commission and reminded the Commission that they should be brought regularly to the meeting. The Commissioners provided updates regarding the status of the orchards they are researching. Commissioner Nugent commented that the Commission should investigate ways to further protect the orchard, such as a special easement. Nugent recommended that in researching the other orchards that they should ask what type of protection the orchard has. Nugent also mentioned there should be a section in the Master Plan regarding Best Management Practices. b. Project Status Update – Staff and the Commission reviewed the Project Status Worksheet. c. Arbor Day and Blossom Festival Recap – The Commission commented both events went well for the Commission. The Commission suggested that Arbor Day be held later in the day or on a weekend so school children could attend. Nicole Johnson will pass on the suggestion to management staff. The Commission also commented that the Eichler presentation was a huge success and that they had about 60 people attend. 9. Adjournment Chair Marilyn Marchetti adjourned the meeting at 10:23 AM. Minutes respectfully submitted: Nicole Johnson, Planner II City of Saratoga COMMISSION HANDBOOK CITYO F S ARAT OGAC ALIF O R N IA1956 Office of the City Clerk 13777 Fruitvale Avenue • Saratoga, CA • 95070 Phone: (408) 868-1294 • Fax: (408) 868-1294 Revised 2019 City of Saratoga Commissioner Handbook – Page 1 Table of Contents The City of Saratoga Welcomes You ....................................................................................................................... 3 About Saratoga’s Commissions ................................................................................................................................. 4 Heritage Preservation Commission ................................................................................................................. 4 Library Commission ............................................................................................................................................... 4 Parks and Recreation Commission .................................................................................................................. 4 Planning Commission ........................................................................................................................................... 5 Traffic Safety Commission .................................................................................................................................. 5 Youth Commission ................................................................................................................................................ 5 Commission Administration & City Policies ......................................................................................................... 6 Eligibility .................................................................................................................................................................... 6 Application and Selection Process .................................................................................................................. 6 Terms .......................................................................................................................................................................... 7 Oath of Office .......................................................................................................................................................... 7 Form 700 Statement of Economic Interests ................................................................................................. 7 Saratoga Code of Ethics and Values ............................................................................................................... 7 Attendance Requirements .................................................................................................................................. 7 Resignation ............................................................................................................................................................... 8 Removal ..................................................................................................................................................................... 8 Use of Title or City Resources for Non-City Business ............................................................................... 8 Participation in Political Activities .................................................................................................................... 8 Expression of Opinions by Commissioners .................................................................................................. 9 Compensation ......................................................................................................................................................... 9 Commission Budget .............................................................................................................................................. 9 Reimbursement ...................................................................................................................................................... 9 E-Communications ............................................................................................................................................ 10 Regular Meetings ................................................................................................................................................ 10 Special Meetings ................................................................................................................................................. 10 Agenda .................................................................................................................................................................... 10 Agenda Packets ................................................................................................................................................... 10 Quorum................................................................................................................................................................... 11 Minutes ................................................................................................................................................................... 11 City of Saratoga Commissioner Handbook – Page 2 Saratoga Rules of Parliamentary Procedure ............................................................................................. 11 Public Hearings .................................................................................................................................................... 11 Public Comment .................................................................................................................................................. 12 Length of Meetings ............................................................................................................................................ 12 Meeting Decorum ............................................................................................................................................... 12 Effective Meetings .............................................................................................................................................. 14 Role of the Chair.................................................................................................................................................. 14 Working Relationships ............................................................................................................................................... 16 Working with Other Commission Members ............................................................................................. 16 Working with City Staff ..................................................................................................................................... 16 Working with the City Council ....................................................................................................................... 16 Commission Work Plans ................................................................................................................................... 17 Working with the Public ................................................................................................................................... 17 Effective Conflict Management ..................................................................................................................... 17 Ethics, Public Records, and Open Meeting Laws .............................................................................................. 19 Political Reform Act and Conflicts of Interest .......................................................................................... 19 California Public Records Act ......................................................................................................................... 21 The Brown Act ...................................................................................................................................................... 21 Government in Saratoga ........................................................................................................................................... 23 Role of the City Council .................................................................................................................................... 23 Council-Manager Form of Government ..................................................................................................... 23 Appendix ......................................................................................................................................................................... 27 City of Saratoga Commissioner Handbook – Page 3 The City of Saratoga Welcomes You Congratulations on your recent appointment to one of Saratoga’s Commissions. Your appointment is an honor, reflecting the City Council’s confidence in your ability and judgment. The City Council and staff look forward to working with you and receiving the benefit of your insight and guidance. As a Commissioner you will serve in an advisory capacity to the City Council and will be helping to address community needs. In this role, you can share your vision and to help mold Saratoga’s future. This handbook has been prepared to provide information about the functions and responsibilities of a Commissioner. The handbook is designed to contribute to your general knowledge and understanding of public affairs and to aid in identifying the scope and parameters of your role as a Commissioner. Service to the City provides an opportunity to gain a greater understanding of the issues facing municipal government and to become actively involved in resolving those concerns in a manner that reflects the best interests of the community. The City hopes that you will enjoy your tenure as a vital part of the City’s team and sincerely thanks you for your willingness to serve your community. City of Saratoga Commissioner Handbook – Page 4 About Saratoga’s Commissions The City Council is assisted by six Commissions: Heritage Preservation Commission, Library Commission, Parks Commission, Planning Commission, Traffic Safety Commission, and Youth Commission. Created by Council legislation, all of Saratoga’s Commissions were established to provide citizen input and advice in specific areas. The primary purpose of a Commission is to gather information, weigh public opinion, and carefully examine issues to make recommendations to the Council. The City’s Commissions play an essential component in the decision-making process. Each Commission studies issues within its area of specialization, expands the opportunity for citizen input and participation, and ultimately provides valued recommendations to the Council. As advisory bodies, the Commissions are not authorized to set City policy. However, the Planning and Heritage Preservation Commissions are authorized to make decisions on certain types of development applications. These decisions may be appealed to the City Council. Most of the City’s Commissions are comprised of five or seven members. The Library, Heritage Preservation, and Parks Commissions have five members. The Planning Commission and Traffic Safety Commission have seven members. The Youth Commission has a total of eleven members, who are Saratoga residents in school grades seven through twelve. Heritage Preservation Commission The Heritage Preservation Commission is responsible for considering proposed modifications to designated historic landmarks, lanes and districts, advising the Community Development Department in connection with projects that may affect heritage resources, conducting property surveys to establish an official inventory of heritage resources within the City of Saratoga, and for recommending proposals for historic landmarks, lanes, district designations, and heritage trees to the City Council. Library Commission The Library Commission serves as an advisory body on library policies, budgets, plans, and procedures to the City Council, City staff, and the Santa Clara County Library staff. The Library Commission has no administrative authority over the library’s operations but may participate in the general planning of the library operation and library-related programs and policies. One member is nominated by the City of Monte Sereno. Parks and Recreation Commission The Parks and Recreation Commission advises the Council on a variety of matters as they relate to parks and recreation. Principally, the Commission serves as a conduit between the public and the Council, assesses public input, collects information, and makes recommendations to the Saratoga City Council. City of Saratoga Commissioner Handbook – Page 5 Planning Commission The Planning Commission works to maintain the unique character of Saratoga by ensuring that the physical development of the City is consistent with the environmental, social, and economic goals set forth in the City’s General Plan. The Planning Commission is also responsible for considering appeals of decisions made by the Community Development Department and acting on applications for use permits, major design reviews, and other planning approvals. Traffic Safety Commission The Traffic Safety Commission investigates, reviews, and analyzes traffic safety issues raised by the residents and public safety agencies. This Commission provides a venue for the public to express concerns regarding traffic safety issues. The Traffic Safety Commission makes recommendations to the City regarding traffic safety. Youth Commission The Youth Commission works to enhance the wellbeing of local youth, offer positive influences on teens, and provide opportunities for youth involvement in the community. Youth Commissioners serve as teen leaders, communicate with the City Council regarding current youth issues, plan, promote, and participate in community events, fundraisers, and social and educational activities. City of Saratoga Commissioner Handbook – Page 6 Commission Administration & City Policies This section of the handbook describes the process of being selected for a Commission and includes information on a range of issues that typically arise while serving on a Commission. Eligibility All applicants must be registered voters in the City of Saratoga. However, there are several exceptions to this requirement. One member of the Library Commission must be a Monte Sereno resident nominated by the Monte Sereno City Council; and Youth Commissioners are not required to be registered voters. For the Heritage Preservation Commission, one member is nominated by the Saratoga Historical Foundation and a minimum of two members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology, or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. All members must be registered voters in Saratoga. Youth Commissioners must be residents of Saratoga in grades 7 through 12. To be considered for appointment, applicants must be eligible to serve a full 2-year term. Consequently, Saratoga residents that will be in the 12th grade during their first year on the Commission are not eligible to apply. Elected officials and City employees may not serve on any City Commission. Membership on City Commissions is also limited to service on one Commission at any one time. Prior to their interview with the City Council, applicants must first attend a meeting of the Commission for which they are applying. Application and Selection Process When a vacancy occurs on a Commission, information about the recruitment is posted on the City’s website to solicit applications. Applicants are required to complete the application and supplemental questionnaire and submit both forms to the City Clerk’s Office by the given deadline. A separate application is required for each Commission to which the applicant wishes to apply. Applications are maintained by the City Clerk’s Office in an active status for one year, after which time they become inactive and a new application must be submitted. The City Council interviews Commission applicants as part of a City Council meeting. Interviews are typically held at City Hall in the Linda Callon Conference room prior to the 7:00 p.m. Council Meeting. The Mayor or City Clerk will notify the applicants of the results the day after the interviews. City of Saratoga Commissioner Handbook – Page 7 Terms The regular term length of most of the Commissions is 4 years. Members of the Youth Commission are appointed to 2-year terms. Additionally, Youth Commissioners may not serve consecutive terms. All other Commissioners may serve two consecutive four-year terms and may only be appointed again to that Commission after at least one year following the expiration of his or her term. A partial term served because of an appointment to fill a vacancy or realign term staggering, is not a full term. For each Commission, the terms of the Commissioners are staggered such that each year the four- year terms of approximately an equal number of the Commissioners will expire. For example, a seven-member Commission would have two terms ending each year and one term ending on the fourth year. Staggering of terms does not apply to the Youth Commission. The City Clerk notifies Commissioners when they approach the end of their term. For those interested in and eligible for reappointment, an updated application is required. Oath of Office Commissioners are required to take an Oath of Office prior to assuming their duties. Commissioners are usually scheduled to take the Oath of Office at the beginning of a City Council Meeting, which are held on the first and third Wednesday of the month at 7:00 p.m. Commissioners can also take the Oath of Office with the City Clerk during regular office hours. Form 700 Statement of Economic Interests All Commissioners, except members of the Youth Commission, must file the Fair Political Practices Commission’s (FPPC) Form 700 Statement of Economic Interests within 30 days of taking the oath of office. Additionally, all Commissioners are required to file the Form 700 annually (usually due the first week of April) and within 30 days of leaving office. The City Clerk provides each new Commissioner with a user name and password to file the Form 700 electronically. Additional information about the Form 700 is provided later in the handbook. Saratoga Code of Ethics and Values The City Council has adopted a Code of Ethics and Values stating that the proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The Code of Ethics and Values promotes and maintains the highest standards of personal and professional conduct in the City’s government. All elected and appointed officials, City employees, volunteers, and others who participate in the City’s government are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its nine core values in their work. The Code applies to all Commissioners. A copy of the Code of Ethics and Values is included in the appendix. Attendance Requirements If a Commissioner is absent without permission of the Chair (or in the case of the Chair, permission from the Mayor) from three regular Commission meetings within a 12-month period, the Commissioner’s position becomes vacant and is filled as any other vacancy. A Commissioner City of Saratoga Commissioner Handbook – Page 8 removed from his or her position in this manner may request that the vacancy be excused by filing a letter with the City Clerk within 30 days of the effective date of the vacancy. It should be noted in the minutes if a Commissioner’s absence is excused. Any Youth Commissioner who misses more than 3 regular meetings during a single academic school year will be automatically removed from the Commission. If this occurs, a member of the Youth Commission may appeal the removal to the City Council. Resignation Members wishing to resign from their Commission prior to the expiration of their term should submit a letter to the City Council stating their intention and the effective date of the resignation. Removal All Commissioners serve at the pleasure of the City Council. The City Council may remove any Commissioner from office prior to the expiration of the Commissioner’s term by a majority vote. Use of Title or City Resources for Non-City Business Like all City officials, Commissioners may not use their official title or City equipment for non-City business. Participation in Political Activities Acceptance of an appointment to a Commission does not generally restrict individual citizen participation in political activities of the individual’s choosing at any level of government, be it local, state, or federal. Commission members may not, however, use their appointed office, title, or City resources in the conduct of such activity. State law provides that City Council Members, Commissioners, and employees may not: Use their office, authority or influence to obtain a change in position or compensation in exchange for a particular vote or political action by the official or employee. This includes urging or discouraging an individual employee to engage in or refrain from specific action. (Government Code 3204) Directly or indirectly solicit political funds or contributions from other officers or employees of the local agency unless the communication is made to a significant segment of the public, which may include officers and employees of the local agency. (Government Code 3205) Directly or indirectly offer to increase the compensation or salary of another in exchange for a contribution or loan to any committee controlled directly or indirectly by the person who holds or is seeking election to an office. (Government Code 3205.5) Accept, solicit, or direct a campaign contribution of more than $250 from any applicant or others with a financial interest participating in a proceeding on a license, permit, or other entitlement before the Commission while the proceeding is under consideration or within 3 months following the date of the final decision. If a Commissioner receives a contribution of more than $250 from City of Saratoga Commissioner Handbook – Page 9 an applicant or others with a financial interest in a proceeding on a license, permit, or other entitlement in the 12 months before the proceeding, then the candidate must disclose the contribution and cannot participate or in any way influence the decision on the proceeding. (Government Code 84308) Expression of Opinions by Commissioners In accordance with the City Council Norms of Operation, when a Commission member addresses the City Council, another Commission, or the public, the Commissioner should make it clear whether he or she is speaking on behalf of the Commission or as an individual. Individual members of Commissions may not represent their personal opinions or recommendations as those of the Commission unless the Commission has voted to approve such views and authorized the individual to speak on the Commission’s behalf. Commissioners should clearly state that their opinions are being expressed as their personal views. The Chair is welcome to attend Council meetings and may make a report about the Commission but should note that the report is being made in his or her personal capacity and not as a Commission member unless the Commission has specifically authorized the report. In addition, when a Commissioner makes a public statement on behalf of his or her Commission it should not include promises that may be construed to be binding on the City. Because Commissions are advisory to the City Council, when making a public statement, members should indicate that Commission actions are recommendations only and that final action will be taken by the City Council. This does not apply to matters that the Heritage Preservation Commission and Planning Commission are authorized to decide without further action by the City Council. Compensation Commissioners do not receive compensation or benefits of any kind, except for Planning Commissioners who receive a stipend of $150.00 per month. Commission Budget All Commission operational expenses and revenues (including donations) must be approved in advance by the City Council. Appropriations and revenue sources for the City Council and other City programs, including Commissions, are shown in the City’s budget. City staff oversees the Commission’s budget. A copy of the City’s Donation Policy is included in the appendix. Reimbursement In March 2015, the City Council adopted the Council and Commission Expense Policy. This policy describes how City funds can be used by Commissioners for training and travel purposes. A copy of the policy is included in the appendix. Commissioners who receive stipends or reimbursements are required to participate in Assembly Bill (AB) 1234 ethics training described in the following section on ethics, public records, and open meeting laws. Commissioners should work with their staff liaison to process reimbursements. City of Saratoga Commissioner Handbook – Page 10 E-Communications All Commissioners use their personal email for City business and must include their staff liaison on all City business emails. For the public to get in touch with Commissioners, there is a web page link for the public to use. State law prohibits discussion or exchange of facts among Commissioners about Commission issues via e-communications. This may include email, online forums, social media, or blogs. This ensures that the public and all Commissioners have an equal opportunity to express and hear all views. Additionally, use of e-communications (for example, use of a phone, sending emails, or text messaging) is prohibited during meetings. This does not include telephone calls or other messages sent in the event of an urgent family matter. Regular Meetings Each Commission holds regularly scheduled meetings on days, times, and at places established by City Council Resolution. All meetings are open to the public. Each regular meeting is noticed by posting an agenda that includes a brief general description of each item to be discussed. The agenda must be posted at least 72 hours before a regular meeting. Special Meetings A Commission may call a special meeting by providing notice 24 hours in advance of the meeting and informing media outlets which have requested notices of such meetings. The notice states the time, place, and business to be transacted at the meeting. No other business may be considered at the special meeting. Notice is required even if no action is taken. Agenda Commission meetings are governed by an agenda. The agenda for the meetings is prepared by the Chair and the staff person supporting the Commission. Commissioners may propose additions to a future agenda at the end of a Commission meeting. A second Commissioner must concur with the request. A Commissioner may also request an item be placed on a future agenda by speaking with the Chair. Commission members may only discuss or take action on items that are listed on that meeting’s agenda. If a topic is raised during the public comment period or during the meeting which is not on the agenda, a Commissioner may make only a brief response and may request that the item be placed on the agenda for a future meeting. Agenda Packets Agenda packets typically contain the agenda for the upcoming meeting, supplemental materials describing the agenda items, and any communications to be presented at the meeting. This packet will be delivered to the members of the Commission and interested members of the public at least 72 hours prior to each regular meeting. Commissioners should review these packets prior to each meeting and contact staff with questions. City of Saratoga Commissioner Handbook – Page 11 Quorum A majority of the members of the Commission constitutes a quorum for the conduct of business. When less than a quorum appears at a noticed meeting, the Commission may not take any action. The City Code requires most actions to be approved by the majority of the total Commission to pass (as opposed to majority of members present), even if not all members of the Commission are present. Minutes Action minutes of all Commission meetings are prepared by City staff. Minutes are presented at a subsequent Commission meeting for approval by the Commissioners. A Commissioner’s absence from the meeting for which the minutes are being approved does not prevent the member from participating in their correction or approval. Written minutes approved by the Commission constitute the official record of its actions. Additions and corrections to the minutes may be made only in public meetings, with the approval of a majority of the Commissioners, and not by the private request of individual members. Saratoga Rules of Parliamentary Procedure The City Council and Commissions follow the Saratoga Rules of Parliamentary Procedure. The City’s rules are based on Rosenberg’s Rules of Order, a simplified version of rules of parliamentary procedure. The rules were adopted as part of the City Council Norms of Operation. A copy of the rules of order is included at the end of the Norms (which is included in the appendix). Public Hearings State Law requires that certain items of business be advertised for a formal public hearing before being considered by a public body. Additionally, a public hearing may be called by the City to maximize public input on a topic even if not legally required. The City Council and Planning Commission are the City bodies that typically hold public hearings. Public Hearings must be conducted in a fair and impartial manner, and the public must be given an opportunity to be heard. The Chair or Mayor may limit or extend the time each member of the public may testify; however, the time limitations must apply to all speakers, regardless of the position they represent. The general format for a public hearing is as follows: 1. Staff provides an overview of the proposal and responds to any questions raised by the Commission 2. Commissioners ask questions of staff and note any relevant facts not included in the staff report or other written materials provided to the Commission 3. The Chair opens the Public Hearing City of Saratoga Commissioner Handbook – Page 12 4. If the matter is an appeal, the appellant and/or representative gives opening remarks for up to 10 minutes; if the appellant is not the applicant then the applicant and/or representative gives opening remarks for up to 10 minutes 5. Members of the public are each allowed up to 3 minutes to express their opinions If the matter is an appeal, the appellant and/or representative gives closing remarks for up to 5 minutes (if the appellant is not the applicant, the applicant and/or representative gives closing remarks before the appellant’s closing remarks). 6. The Chair closes the Public Hearing, if the Commission has additional questions for the appellant or applicant after closing the public hearing then the other party must be given the opportunity to respond 7. Commissioners discuss and deliberate on item 8. Commission takes action Public Comment Any member of the public may comment on any item on the agenda. At every regular meeting, members of the public may address the Commission regarding items within the Commission’s jurisdiction that are not on the agenda under the “Oral Communications” portion of the meeting agenda. A time limitation for each speaker, typically three minutes, may be imposed. While Commissioners or staff are permitted to respond to any questions or to seek clarification concerning a point raised, it is imperative to note that the Brown Act specifically prohibits any public body from discussing or taking action on an item that is not listed on the agenda. If the Commission wishes to discuss an item raised during public comment, the topic should be agendized for a future meeting. Length of Meetings In 2013, the City Council adopted a resolution (included in the appendix) establishing guidelines for the length of City Council and Commission meetings. The goal of the guidelines is to prevent meetings from extending beyond midnight. If a meeting runs till 10:00 p.m., the presiding officer should determine if the meeting will continue past midnight if all items on the agenda are heard. If the presiding officer believes that the meeting will not adjourn by midnight then the presiding officer should request a motion to continue a sufficient number of agenda items to the next regular meeting to allow the meeting to conclude by midnight. Meeting Decorum The City Council Norms of Operation (included in the appendix) provide some standards for meeting decorum that minimize disruptions and maintain a respectful environment. A summary of some of the meeting decorum standards is below: City of Saratoga Commissioner Handbook – Page 13 • Persons in the audience shall be respectful of others and will refrain from behavior which will disrupt the public meeting. This includes refraining from: o Using electronic devices except in connection with the meeting; o Making loud noises, clapping, shouting, booing, hissing during public testimony and Council consideration of policy matters; o Engaging in any activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting; and o Creating, provoking or participating in any type of disturbance involving unwelcome physical contact. • Interactions between the public and the Commission shall be courteous and respectful. o The public may not make any belligerent, personal, impertinent, irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Commission, staff or other individuals in a manner which disrupts, disturbs or otherwise impedes the orderly conduct of the meeting. o Any violation of this rule shall be grounds for terminating the person’s comment period. If a member of the public fails to follow these rules after being warned once, the Commission may bar that individual from further testimony for the evening or remove the person from the meeting. o The Commission shall not be belligerent or make disparaging commentary toward any speaker. o Nothing in this section shall prohibit or discourage orderly criticism of any City decision or policy within the limits of these rules. • During meetings, Commissioners should limit their use of computers or electronic devices 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). Commissioners should not base decisions on information acquired through the internet during a meeting unless the information and its source is shared with the entire Commission and the public as part of the meeting before the decision is made. • All materials presented to the Commission, including written materials are public records subject to inspection in accordance with applicable laws. City of Saratoga Commissioner Handbook – Page 14 Effective Meetings Commission meetings are the time and place for discussion, deliberation, decision, and action. Each Commissioner has an obligation to prepare, discuss, evaluate, review, and select the best possible alternatives. The following guidelines will help ensure meetings are constructive: • Review the meeting agenda and informational packet prior to each meeting • Commissioners may speak with staff in advance of the meeting to request additional information or seek clarification • Prepare to handle sensitive matters in a positive way • Stick to the agenda • Define issues and tasks clearly • Observe the rules of order • Encourage participation • Discourage disruption • Try to resolve differences • Summarize progress from time to time • Put items on the agenda and assign tasks to Commission members (if necessary) for the next meeting Role of the Chair Each Commission elects a Chair to serve a twelve-month term. No person may serve as Chair or Vice Chair of the same Commission more than once during a single term on the Commission. The Chair acts as the presiding officer at all meetings. In the absence of the Chair, the Vice Chair presides for that meeting. In the absence of both, the members elect a temporary presiding officer for that meeting until the Chair arrives. The following is a list of the Chair’s responsibilities: • Call meeting to order • Call for the vote, restate all motions submitted for vote, and announce decision • Decide questions of order (pursuant to the City of Saratoga’s Rules of Parliamentary Procedure) • Declare opening and closing of public hearings • Lead meeting and preserve order City of Saratoga Commissioner Handbook – Page 15 • Execute documents that have been approved by the Commission • Represent the Commission at meetings when authorized by a majority of the Commission (or when requested by the City Council as long as the Chair notes that the views expressed are personal) • Work with staff assigned to the Commission to create meeting agendas • Determine whether Commissioner absences are excused or unexcused The Chair and staff should be in contact prior to each regularly scheduled meeting to review and discuss the agenda. If a personality conflict arises between individual Commissioners, it is the Chair’s responsibility to try to mediate and resolve the problem. If the conflict cannot be resolved, the Chair should approach the Director of the City Department staffing the Commission to discuss possible strategies to address the issue. City of Saratoga Commissioner Handbook – Page 16 Working Relationships Working with Other Commission Members Commissions achieve optimum participation when members strive to establish effective working relationships with each other by showing respect for each other’s viewpoints and allowing others to fully present their views. Supportive relationships with fellow Commission members, based upon mutual respect, are essential to a Commission’s success. Working with City Staff City staff serve Commissions in an advisory capacity, just as Commissions serve the Council. Staff members are selected based on their technical and professional abilities and are expected to provide Commissions with recommendations based upon their professional analysis of the situation, regardless of personal opinion or consideration of political consequence. It is not expected that every staff recommendation will be followed; however, because of staff’s technical expertise, full consideration should be given to their recommendation. The staff assigned to a Commission also handle administrative duties, such as preparing meeting agendas, staff reports, and meeting minutes. Staff members are not considered members of a Commission and have no power to vote on Commission matters. Because of their support position, staff does not respond to questions from the public at a meeting unless requested to do so by the Chair. Commission members may not direct staff to initiate programs, conduct major studies, or establish official policy without the approval of the City Council. If a conflict or concern with the staff assigned to the Commission develops, Commissioners may speak with the staff member’s department director and/or the City Manager. Working with the City Council The primary goal of all City Commissions is to serve the City Council in an advisory capacity on specific topics or functions. The Council possesses the ultimate political and legal responsibility for the conduct of local government and the overall welfare of the community. Given the advisory nature of the City’s Commissions, Commissions may not take positions on legislation, measures, or political matters. However, for matters within a Commission’s jurisdiction and to the extent consistent with the Commission’s work plan, a Commission may make a recommendation to the City Council by majority vote on a formal agenda item at a properly noticed meeting. The City Council Norms of Operation provide that 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. There are times when the City Council may not choose to accept recommendations made by a Commission. When Commission recommendations are not accepted, it does not imply a lack of confidence or disinterest in the Commission’s advice. Council Members must weigh the guidance City of Saratoga Commissioner Handbook – Page 17 provided by Commissions and other advisory bodies against a broader scope of considerations in their decision-making process. Although a Commission may disagree with the decision of the Council, the Commission should not act in any manner contrary to the established policy adopted by the Council. Commission Work Plans Generally, the City Council will review and provide authorization for Commission work plans once a year. The City’s Commissioners serve under the direction of the City Council and therefore must be authorized by the City Council to initiate new efforts or assignments outside of Commission’s assigned role and responsibilities. Working with the Public Commissions, as well as individual Commission members, serve as liaisons between the City and the public. Thus, each member functions as a communication link between the community and the City, explaining City programs and recommendations, as well as providing a channel for citizen expression. Creating a non-threatening atmosphere where members of the public are free to express their views without fear of ridicule or belittlement can help make Commission meetings a place where residents feel comfortable sharing their thoughts. Additionally, Commission members that demonstrates fairness and professionalism to the public, staff, and their colleagues contribute to an open exchange of thoughts. Members of the public are also expected to conform to an acceptable standard of conduct. Any person who willfully interrupts a public meeting or acts in a manner that disrupts the orderly conduct of the meeting may be barred from further attendance at the meeting by the Commission or by the Chair. An individual that has been barred may not return for the remainder of the meeting unless permission is granted by a majority vote of the Commission. Effective Conflict Management Commission meetings are sometimes difficult to manage. On occasion, meeting attendees may be highly emotional, have a strong interest in an item or issue, or may be nervous. There may be residents with strongly differing views. As a Commissioner, it is important to guide the discussion so that all viewpoints are presented and not eliminated. The following suggestions should help manage conflict and confrontation effectively: • Anticipate differences by learning about the topic beforehand, so you can concentrate on the meeting’s purpose • Administer the meeting rules fairly, set the rules early, and make sure everyone abides by those rules without exception • Explain the purpose of the meeting City of Saratoga Commissioner Handbook – Page 18 • Ask that all speakers clearly identify themselves for the record (although the speaker cannot be legally required to provide this information, it helps improve dialog at the meeting and facilitates follow-up by staff or Commissioners) • Set an acceptable time limit for testimony (generally 3 minutes per speaker, though this may be reduced by a vote of the Commission if there is a large number of people wishing to speak on the matter) and maintain that time limit for all speakers • Try not to overreact to inflammatory comments or expressions of frustration, instead try to redirect frustration into constructive discussion by asking questions, reinforcing areas where you agree, and seeking to bridge differences • Avoid speaker-to-audience conversation—the purpose of meetings is to help make the Commission aware of considerations relating to an issue at hand, not to engage members of the public in conversation or debate • Focus comments and questions during the public testimony period on gaining relevant information to decide on the issue • Once testimony has ended, invite Commissioners to discuss their views City of Saratoga Commissioner Handbook – Page 19 Ethics, Public Records, and Open Meeting Laws Once appointed, there are several State laws that Commissioners must comply with. Some of the most significant State laws include the Political Reform Act, Public Records Act, and the Brown Act. The following is a summary of their key requirements. Additional information is included in the appendix. Political Reform Act and Conflicts of Interest The Political Reform Act is intended to prevent potential economic conflicts of interest. The law requires that most state and local government officials disclose their personal income and assets, as well as disqualify themselves from participating in decisions that may impact their personal economic interests. The law requires that local elected officials, key staff, and Commissioners (except Youth Commissioners) in Saratoga must annually disclose their economic interests through the Form 700 – Statement of Economic Interests. Using the Form 700, public officials disclose all financial interests, such as investments, interests in real estate (real property), or sources of income, which may possibly affect the official’s judgment. The Form 700 is public record. Any member of the public is permitted to inspect and copy any statement during normal business hours. Commissioners must return a completed Form 700 - Statement of Economic Interests to the City Clerk at the following times: • Assuming office statements must be filed within 30 days after assuming office. • Annual statements must be filed no later than 5:00 p.m. typically due the first week of April each year. Such statements shall cover the period of the preceding calendar year. • Leaving office statements must be filed within 30 days of leaving office. • A penalty of $10 per day, up to a maximum of $100, may be imposed for late filings. If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from making or participating in a governmental decision, or using his or her official position to influence a governmental decision. In general, the Political Reform Act provides that a conflict of interest exists where: • An official makes, participates in, or uses his or her official position to influence governmental decisions; • It is foreseeable that the decision will affect the official’s financial interest; • The effect of the decisions on the official’s financial interest will be material; and City of Saratoga Commissioner Handbook – Page 20 • The effect of the decision on the official’s financial interest will be distinguishable from its effect on the public generally. In some circumstances, a conflict may arise from an economic interest that was not required to be listed on the official’s Form 700. Commissioners should consider all their economic interests in deciding whether a decision presents a conflict of interest. This is a summary of a complicated set of rules. For more information, see the website of the Fair Political Practices Commission at www.fppc.ca.gov. A conflict of interest may exist under other rules as well. Commissioners are encouraged to consult with the City Clerk whenever they believe they may have a conflict. If a Commission member has a conflict of interest, the Commissioner must not make or participate in making, or in any way attempt to use their official position to influence, a governmental decision relating to the matter in which the Commissioner, or a member of the Commissioner’s immediate family, possess a financial interest. The safest way to address a conflict of interest that arises in a public meeting is for the Commissioner to state the basis for the conflict of interest immediately after the Chair announces the item for consideration. The member must then refrain from participating in the deliberations, abstain from voting, and generally must leave the room in which the meeting is being held. The minutes will reflect the Commissioner’s stated conflict and recusal. Commissioners and other public officials are barred from attempting to influence government decisions in which they have conflict outside of public meetings as well. For example, a Commissioner with a conflict of interest generally may not discuss the matter creating the conflict with a member of the City staff, other Commissioners involved in the decision, or the City Council. Penalties for violating the conflict of interest laws are serious and may include fines and a prohibition against serving in public office. Questions regarding a potential conflict of interest should be directed to the City Clerk. The Fair Political Practice Commission’s website at www.fppc.ca.gov and the hotline number 1-866-ASK-FPPC (1-866-275-3772) are additional sources of information. Additionally, State law also requires members of local legislative bodies that receive any type of compensation, salary, stipend, or reimbursement for expenses from the local agency, to participate in a minimum of 2 hours of ethics training every two years. Because Planning Commissioners receive a stipend, they are required to participate in ethics training every two years. Commissioners who wish to receive reimbursement for reimbursable expenses must also complete the training. The City Clerk is responsible for maintaining ethics training records and notifying individuals subject to ethics training when their certification expires. City of Saratoga Commissioner Handbook – Page 21 California Public Records Act The California Public Records Act was adopted in 1968 and allows any member of the public to inspect local government records. While there are a few exceptions to the law, the public may generally request any public record. Government Code Section 6252 defines public records as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” All records pertaining to the Commission’s business are public records. This includes agendas, minutes, staff reports, emails, and other letters to or from Commissioners on issues within the jurisdiction of the Commission, and reports from City consultants that are distributed to the Commission. Commissioners should be aware that all their correspondence concerning Commission business is a matter of public record. Additional information about the Public Records Act is available in the appendix. The Brown Act Passed in the 1950s, the Brown Act guarantees the public’s right to attend and participate in the meetings of local legislative bodies. The State law requires that: • Meetings of a legislative body, including City Commissions, are properly noticed and open to the public; • Members of the public can comment on all agenda items and at all regular meetings on items not on the agenda; and • The legislative body conducts votes (except those permitted to take place in closed session) in a public meeting. Essentially, the Brown Act requires that Commission meetings must be noticed and open to the public. There generally may be no action or discussion by Commissioners on any item not appearing on the posted agenda. Commissioners may only briefly respond to statements made or questions posed about items not on the agenda; they may request that the topic be agendized for a future meeting. The Brown Act also requires that Commission meetings be held in a facility that is accessible to handicapped individuals. The definition of “meeting” includes any action among a majority of the Commission members to hear, discuss, or deliberate upon an item that is within the subject matter jurisdiction of the Commission. The Brown Act specifically prohibits the use of any series of communications of any kind (e.g., telephone, fax or email) directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the Commission’s subject matter jurisdiction. A Commission majority may attend the following gatherings without following the notice and other rules pertaining to regular meetings (provided Commission business is not discussed as part of the meeting or in breaks): (1) meetings or conferences on general issues that are not City City of Saratoga Commissioner Handbook – Page 22 specific; (2) meetings organized by others to address topic(s) of local community concern; and (3) social or ceremonial functions. Regular agendas must include opportunities for public input. A public comment period is allowed at the beginning portion of each regular meeting when members of the public may speak to any relevant topic that is not on the agenda for that meeting. Commissioners may only briefly respond to statements made or questions posed about items not on the agenda, and then request that the topic be agendized for a future meeting. The public is also allowed to speak to each item on the agenda as it is being discussed in the meeting. Public testimony in both portions of the meeting is limited, typically to three minutes. Although the City encourages individuals testifying before City Commissions and the City Council to identify themselves to facilitate staff follow-up where needed, the Brown Act makes clear that the City may not require that disclosure or require any other information. Additionally, the Commission may not prohibit public criticism of the policies, procedures, programs, or services of the Commission or of the acts or omissions of the Commission. Any person attending an open and public meeting of a Commission has the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless it constitutes a persistent disruption of the proceedings. In addition to the above provisions, the Brown Act includes rules for proper noticing of various types of public meetings, regulations relating to the conduct of closed sessions, and penalties for the conduct of an unlawful meeting. The Brown Act is complex. Questions concerning the Act should be directed to the staff person assigned to the Commission. Additional information is also available at http://ag.ca.gov/open_meetings/. City of Saratoga Commissioner Handbook – Page 23 Government in Saratoga The City of Saratoga was incorporated on October 22, 1956 as a General Law City. General Law cities are organized and operated in accordance with provisions set forth in State law. A Charter City, on the other hand, is governed by a local charter. The charter establishes the basis for city actions. About 80 percent of the cities in California are classified as General Law cities. Role of the City Council The City Council is the legislative body of the City, and it establishes City policy, adopts and monitors the annual operating and capital improvement budgets, makes appointments to various advisory committees and Commissions, and provides input on regional, state, and federal matters affecting Saratoga. The City Council consists of five members who are elected at-large to four-year overlapping terms, with elections occurring in November of even numbered years. The Council selects one of its members to serve as Mayor for a one-year term. The Mayor acts as the primary spokesperson and official representative of the Council. Additionally, the Mayor is the presiding officer at Council Meetings and executes official City documents approved by the Council. The Mayor does not possess special powers or authority; rather, the person serving as Mayor is recognized as the leader of the Council, or first among equals. Council-Manager Form of Government The City of Saratoga operates under the Council-Manager form of government. This form of government was established around the principals of business and was intended to make local government more efficient and more economical. The Council-Manager form of government is commonly used throughout the U.S. and by over 90% of California cities. In this form of government, the Council serves as the decision-making body of the City and develops policy that reflects public interests. The City Manager oversees implementation of Council policy and supervises City operations. City staff then carries out direction from the City Manager. City Manager: The City Manager oversees the general operations of the City. In addition to supporting the City Council and Commissions, the City Manager’s Department manages the contracts for law enforcement and legal services. This department is also responsible for coordinating intergovernmental relations, various community engagement efforts, and communications. City Clerk: The City Clerk is part of the City Manager’s Office. The Clerk creates the City Council agendas, minutes, and attests to the Resolutions and ordinances. The Clerk is also the election official for the City of Saratoga. The Clerk oversees the Commission recruitments. City of Saratoga Commissioner Handbook – Page 24 City Attorney: The City of Saratoga contracts with the firm of Shute, Mihaly & Weinberger LLP for legal services. The City Attorney’s office acts as legal advisor to the City Council, Commissions, and City staff. Specifically, the City Attorney’s duties include: • Attending City Council meetings • Preparing ordinances, resolutions, contracts, leases, and other legal documents • Representing the City in legal proceedings • Preparing legal opinions for the City Finance & Administrative Services Department: The Finance and Administrative Services Department manages the financial affairs of the City. The department oversees budget development and implementation; prepares financial reports; coordinates the annual audit; manages cash, investments, and long-term debt; administers payroll and accounts receivable; provides human resources services to the City; and oversees information technology responsibilities. Community Development Department: The Community Development Department advises the City Council, Planning Commission, Heritage Preservation Commission, and other City Departments regarding the physical development of the City including the day-to-day implementation of the City’s land use policies. The Community Development Department consists of the Planning Division, Building Division, and Code Compliance. The Planning Division oversees all aspects of zoning administration, which includes preparing and updating the City’s General Plan, keeping the City’s zoning ordinances current and effective, reviewing development proposals for consistency with the City’s plans and ordinances, processing permit and development applications, and forwarding land use recommendations to the Planning Commission and City Council. The Building Division is responsible for issuing building permits and conducting construction inspections, as well as overseeing enforcement of the City Code and processing business licenses. The Facilities Division manages City owned facilities including: the Civic Theater, the Community Center, the Senior Center, the Warner Hutton House, and Saratoga Prospect Center. The Facilities Maintenance Division also provides custodial service and maintenance to all City owned buildings. Public Works Department: The Public Works Department is responsible for overseeing street repair, traffic control, capital improvement project administration, parks and open space maintenance, flood control, and storm water management. The Engineering Division of the Department provides engineering advice and analysis for capital improvements, constructs public facilities, and manages traffic engineering and related contracts. The Department’s Maintenance Division repairs and maintains City streets, parks, storm drains, medians, sidewalks, traffic control systems, and equipment. City of Saratoga Commissioner Handbook – Page 25 Other Local Services: Many of the City’s services are provided through other local agencies and special districts and agencies. For example, there are 2 fire protection districts in the City of Saratoga that are responsible for fire protection services. Santa Clara County Fire Department oversees implementation of these services. Law enforcement services are provided by contract by the Santa Clara County Sheriff’s Office. The City has contracted out law enforcement services to the Sheriff’s Office since the City’s incorporation. Below is a list of some of the service providers in Saratoga. • State of California • County of Santa Clara • PG&E • San Jose Water Company • West Valley Solid Waste Management Authority • West Valley Clean Water Program Authority • Valley Transit Authority • Silicon Valley Clean Energy Authority • Fire Districts (Santa Clara County and Saratoga Fire Protection) • Santa Clara County Library District • Sanitation Districts (West Valley and Cupertino) • School Districts • Santa Clara Valley Water District • Madronia Cemetery District • Midpeninsula Open Space District City of Saratoga Commissioner Handbook – Page 26 City Organization: Below is a visualization of the City of Saratoga’s structure. Electorate City Council City Commissions City Manager City Manager's Department Finance & Administrative Services Community Development Public Works Law Enforcement City Attorney City of Saratoga Commissioner Handbook – Page 27 Appendix Council Norms of Operation (includes Saratoga Rules of Order) Meeting Length Guidelines Action Minutes City of Saratoga Conflict of Interest Code City of Saratoga Code of Ethics and Values Council and Commission Expense Policy Donation Policy Recognizing Conflicts of Interest: A Guide to the Conflict of Interest Rules of the Political Reform Act The People’s Business: A Guide to the California Public Records Act Open & Public V: A Guide to the Ralph M. Brown Act 1103458.1 CITY OF SARATOGA CITY COUNCIL NORMS OF OPERATION (Updated via Resolution 18-005, March 7, 2018) Section 1. OPERATION OF CITY COUNCIL MEETINGS A. City Council Meetings shall be conducted following the outline listed in Section 7.B. of these Norms. 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 or less if approved by the City Council. 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 approved by the City Council. D. A Special Council Meeting may be called by the Mayor with proper public notice. E. 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. F. 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. G. The Mayor may, with Council concurrence, call for Council consideration of agenda items out of their prescribed order on the printed agenda. Section 2. MEETING DECORUM A. 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 is 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. B. Persons in the audience shall be respectful of others and will refrain from behavior which will disrupt the public meeting. This includes refraining from: - Using electronic devices except in connection with the meeting; - Making loud noises, clapping, shouting, booing, hissing during public testimony and Council consideration of policy matters; - Engaging in any activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting; and - Creating, provoking or participating in any type of disturbance involving unwelcome physical contact. C. Interactions between the public and the Council shall be courteous and respectful. 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. Any violation of this rule shall be grounds for terminating the person’s comment period. 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. D. 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. E. Members of the public wishing to make a slide presentation as part of their comments to the City Council must provide the file to the City Clerk’s office at least 24 hours prior to the meeting in a format compatible with the City’s projection system (details on these requirements are available from the City Clerk’s office). Failure to comply will result in the presentation being rejected. All presentations must comply with the time limits applicable to the agenda item. F. All materials presented to the City Council, including written materials are public records subject to inspection in accordance with applicable laws. Section 3. 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. 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 open mail addressed to all Council Members unless requested not to do so. 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 4. 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. D. Both Council Members and Commissioners shall at all times strive to be attentive, 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 or engaging in side discussions with others. Section 5. 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 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. 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. B. 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 6. 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 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 meetings of the City Council. 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.). In scheduling events, the Mayor shall give due consideration to availability of other Council Members, the timing of the event relevant to formal City action in connection with the event (e.g., coordinating a groundbreaking with the start of actual construction), and past practices. 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 During the first meeting in December, 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. Following the meeting, each Council Member shall provide the Mayor 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 second City Council meeting in December. 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. 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, Commendations and Certificates 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. Certificates of recognition 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 7. 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 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, certificates, appointments, administration of Oath of Office and special introductions. • Special Presentations to Council – This portion of the meeting is for groups, agencies, and persons to speak to the Council on special items placed on the agenda according to the City’s standard procedures. Presenters will be given 10 minutes to make their presentation; the Mayor may adjust the time if approved by the City Council. • 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 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 (if applicant is not appellant) – 10 minutes • Public comment • Applicant closing remarks – 5 minutes • Appellant closing remarks (if applicant is not appellant) – 5 minutes • Mayo r 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 matters being considered by committees, boards, and other bodies to which the Council Member has been appointed by the Council or the Mayor. Council Members may also report from regional committees, boards and other bodies on which the Council Member serves in his/her capacity as a City Council Member and that have been approved by the Mayor. • City Council Items – Provides members of the Council an opportunity to introduce discussion/action on items not currently before the Council for consideration. • Council Communications - During this portion, Council Members may address the City Council on subjects not on the agenda. Council 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 two minutes per Council Member and shall not include references to campaign activities by or in support of any Council Member. In introducing this item the Mayor shall note the purpose of the item and explain that the comments made are the comments of the individual Council Member speaking and not necessarily the views of the City Council as a whole. • 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. CITY COUNCIL NORMS EXHIBIT A CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE 1 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. 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. 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 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 decision making. It is usually best to have a motion before the governing body prior to discussing an agenda item, to help everyone focus on the motion before them. The chair usually initiates the motion by: 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. 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 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. 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. 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 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. 965350.1 Page 1 of 1 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 M E M O R A N D U M MEETING DATE: June 11, 2019 TO: Heritage Preservation Commission FROM: Nicole Johnson, Planner II SUBJECT: Item 6b- Heritage Resource Inventory letters Chair Marchetti has requested to review the letters that staff sends to homeowners when a property is considered by the HPC to be placed on the Heritage Resource Inventory. Attachments: 1. First and second letters to the homeowners Date Property Owner Mailing Address Re: Property Address Heritage Resource Inventory Dear Property Owners, In recognition of the historic character of Saratoga, the City has a Historic Preservation Ordinance to preserve and protect its irreplaceable heritage resources. The Heritage Preservation Commission (HPC) was established to encourage the preservation of Saratoga’s heritage resources. These resources include buildings, gardens and other historic structures and objects. The HPC would like to consider listing your house located at address on the Saratoga Heritage Resource Inventory as a Heritage Resource. Based on the HPC’s preliminary review, the house appears to meet the applicable criteria on the back of this letter and qualifies for inclusion in the Heritage Resource Inventory. If you have any questions or concerns about your house being listed as a Heritage Resource, please contact me at within 45 days from the date of this letter. We would be pleased to talk to you about the process. If we do not hear from you within 45 days, we will assume you have no concerns with listing the house as a Heritage Resource on the Saratoga Heritage Resource Inventory and the HPC will proceed with the process. Sincerely, Nicole Johnson Planner II 408-868-1209 njohnson@saratoga.ca.us Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Attachment 1 Address Page | 2 CRITERIA Pursuant to Section 13.15-0.040 of Saratoga’s Municipal Code, to qualify for inclusion in the Heritage Resource Inventory, the Heritage Preservation Commission must determine that a property satisfies any one or more of the following criteria as listed in Section 13-15.010 of Saratoga’s Municipal Code. a) It exemplifies or reflects special elements of the cultural, social, economic political, aesthetic, engineering or architectural history of the City, the County, the State or the nation; or b) It is identified with persons or events significant in local, county, state or national history; or c) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; or d) It is representative of the notable design or craft of a builder, designer, or architect; or e) It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or g) It embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. Date Property Owner Mailing Address Re: Property Address Heritage Resource Inventory Dear Property Owners, On date, 45 days ago, the City sent a letter by both first class and certified mail notifying you that the Heritage Preservation Commission (HPC) is considering listing your house located at subject address on the Saratoga Heritage Resource Inventory as a Heritage Resource. Since we have not heard any objections from you regarding this matter, the HPC will proceed with the listing process. Please note that a member of the HPC will be in the area to take photographs of the house for the Heritage Resource Inventory. Once the research and documentation have been completed, the HPC will schedule a public meeting to consider listing the house on the Heritage Resource Inventory and you are encouraged to attend. You will be informed of the future meeting date and will be provided a copy of the report and agenda when they become available. Sincerely, Nicole Johnson Planner II 408-868-1209 njohnson@saratoga.ca.us Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Page 1 of 1 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 M E M O R A N D U M MEETING DATE: June 11, 2019 TO: Heritage Preservation Commission FROM: Nicole Johnson, Planner II SUBJECT: Item 7a-Village Design Guidelines Update Background: At the regular April 9, 2019 meeting, the HPC reviewed the Village Design Guidelines, created a sub-committee of two members and provided recommendations on the draft document. These recommendations consisted of amendments to the previously approved City Council policy statements and provided comments on one illustration (Attachment 1). At the May 8, 2019 Planning Commission meeting, the recommendations from the HPC were reviewed by the Planning Commission. Chair Marchetti spoke before the Planning Commission. Two items were omitted by the Planning Commission (items 5.3.8 and the comment on the illustration on page 24) and one was modified (item 9.1.2). These changes are included in Attachment 2 and will be forwarded to the City Council for their July 3, 2019 meeting. Staff Recommendation: Consider appointing an HPC member to attend and represent the HPC at the July 3rd City Council meeting. Attachments: 1. Recommendations from the HPC 2. Recommendations from the Planning Commission Text added to existing provisions is shown in bold 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 text. Page No. Item No. Existing Text (approved by City Council, 8/16/17) HPC Recommended Text Changes (5/8/19) 4 4.3 Single purpose non-retail buildings and storefronts along the ground floor of Big Basin Way that are not conducive to sound retail principles are discouraged. Single purpose non-retail buildings and storefronts Storefronts and single purpose buildings along the ground floor of Big Basin Way that are not conducive to sound retail principles are discouraged. (HPC is asking for clarification if the intent was for single purpose non-retail buildings and single purpose storefronts.) 8 5.1.12 Explore developing a program to use utility boxes as opportunities for public art. Explore developing a programto use Uutility boxes as may be used as opportunities for public art. (The Saratoga Utility Box Art program is currently in place.) 13 5.3.8 Coordinate the color of tenant signage, window awnings and light fixtures with the building facades. Use deeper and brighter tones for these elements to create visual interest. Coordinate Tthe color of tenant Signage, window awnings and light fixtures shall coordinate with the building facades. Use deeper and brighter tones for these elements to create visual interest. 18 7.2 The City shall pursue to completion the vehicle turnabout planned for the southern terminus of Big Basin Way to improve vehicular circulation. This turnaround project was completed by Public Works in September 2018. (Project completed. Consider removing this policy) 21 Body of text Therefore, in addition to the policies in this document that apply Village wide, the following guidelines apply specifically to this property. Therefore, in addition to the policies in this document that apply Village-wide, the following Design gGuidelines 9.1.1 through 9.1.4 apply specifically to this property. 21 9.1.2 The new development should be in character with the scale and pattern of prevalent building elevations in the immediate vicinity and along Big Basin Way. The Nnew development shall should be in character with the scale and pattern of prevalent building elevations in the immediate vicinity and along Big Basin Way. Attachment 1 Text added to existing provisions is shown in bold 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 text. 21 9.1.4 Incorporate an appropriate transition to the adjacent walkway to the east which provides pedestrian access to the Parking District #3 lot and adjacent commercial buildings. New development should incorporate an appropriate transition to the adjacent walkway to the east which provides pedestrian access to the Parking District #3 lot and adjacent commercial buildings. 22 Body of text The site is roughly 1.25 acres with a street frontage in excess of 350 feet representing the largest development site in the Village. The site is roughly 1.251.02 acres with a street frontage in excess of 350 235 feet representing the largest development site in the Village. (Property size and frontage data corrected) 23 Body of text Therefore, in addition to the Village wide policies stated in this document, the following policies shall be considered with respect to the Saratoga Village Shopping Center. Therefore, in addition to the Village-wide policies stated in this document, the following policies 9.2.1 through 9.2.8 shall be considered with respect to the Saratoga Village Shopping Center. Page No. Item Comment from HPC Comment/response from the Consultant 24 Illustration The ground surface material looks like cobblestone, and there is no cobblestone in the Village. The Illustration is an aspirational image. Pages 21-24 are speaking of new development that could occur on the opportunity sites, this illustration depicts what would be keeping with the policies developed by City Council. Text added to existing provisions is shown in bold 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 text. Page No. Item No. Existing Text (approved by City Council, 8/16/17) PC Recommended Text Changes (5/8/19) 4 4.3 Single purpose non-retail buildings and storefronts along the ground floor of Big Basin Way that are not conducive to sound retail principles are discouraged. Single purpose non-retail buildings and storefronts Storefronts and single purpose non-retail buildings along the ground floor of Big Basin Way that are not conducive to sound retail principles are discouraged. 8 5.1.12 Explore developing a program to use utility boxes as opportunities for public art. Explore developing a program to use Uutility boxes as may be used as opportunities for public art. (The Saratoga Utility Box Art program is currently in place.) 18 7.2 The City shall pursue to completion the vehicle turnabout planned for the southern terminus of Big Basin Way to improve vehicular circulation. This turnaround project was completed by Public Works in September 2018. (Project completed. Consider removing this policy) 21 Body of text Therefore, in addition to the policies in this document that apply Village wide, the following guidelines apply specifically to this property. Therefore, in addition to the policies in this document that apply Village-wide, the following Design gGuidelines 9.1.1 through 9.1.4 apply specifically to this property. 21 9.1.2 The new development should be in character with the scale and pattern of prevalent building elevations in the immediate vicinity and along Big Basin Way. The Nnew development should be in character with the scale and pattern of prevalent building elevations in the immediate vicinity and along Big Basin Way. 21 9.1.4 Incorporate an appropriate transition to the adjacent walkway to the east which provides pedestrian access to the Parking District #3 lot and adjacent commercial buildings. New development should incorporate an appropriate transition to the adjacent walkway to the east which provides pedestrian access to the Parking District #3 lot and adjacent commercial buildings. Attachment 2 Text added to existing provisions is shown in bold 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 text. 22 Body of text The site is roughly 1.25 acres with a street frontage in excess of 350 feet representing the largest development site in the Village. The site is roughly 1.251.02 acres with a street frontage in excess of 350 235 feet representing the largest development site in the Village. (Property size and frontage data corrected) 23 Body of text Therefore, in addition to the Village wide policies stated in this document, the following policies shall be considered with respect to the Saratoga Village Shopping Center. Therefore, in addition to the Village-wide policies stated in this document, the following policies 9.2.1 through 9.2.8 shall be considered with respect to the Saratoga Village Shopping Center. Page 1 of 1 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 M E M O R A N D U M MEETING DATE: June 11, 2019 TO: Heritage Preservation Commission FROM: Nicole Johnson, Planner II SUBJECT: Item 8a- Heritage Orchard Update Commissioners Stransky and Rodgers have provided reports on the Los Altos Heritage Orchard and Martial Cottle Park. In addition, Commissioner Nugent has provided notes from a visit to Martial Cottle Heritage Park. Attachments: 1.Los Altos Heritage Orchard Report 2.Martial Cottle Report 3.Notes from Martial Cottle park visit 4.HPC Heritage Orchard work plan 5. Current Master Plan marked up 1 Los Altos Heritage Orchard Date: May 22, 2019 Name of Orchard: J. Gilbert Smith Heritage Orchard Address of Orchard: 51 S. San Antonio Road, Los Altos, CA Owner: City of Los Altos purchased it in 1954 from J. Gilbert Smith. Maintained by: City of Los Altos (contractor is a local farmer’s son) How long maintained by: Four years with the current contractor Contact information for this report: Municipal Services Director Manny Hernandez at mhernandez@losaltosca.gov or call (650) 947-2871 How old is the orchard: 1901- present. The City of Los Altos purchased the land in 1954 from J. Gilbert Smith. Smith had farmed it from 1901 to 1954. How old are the trees?: Varying age—some were just planted, some are 20 + years old. What year did the orchard become heritage: The main legal protection for the Heritage Orchard that it was named a City Historic Landmark in 1981, using the Landmark status under the California Environmental Quality Act, which then registers it with the state. A map associated with the space was attached to the designation, outlining its coordinates. Information provided by Author Robin Chapman. The J. Gilbert Smith Heritage Orchard is now one of three heritage orchrds in the Santa Clara Valley: Attachment 1 2 Saratoga’s was purchased in 1984; Sunnyvale’s was designated just after the turn of the twenty-first century. How many acres: 10 What trees are planted: Blenheim apricots How many of each variety: one variety What method of irrigation is used: soaker hose—water comes from on-site (Cal Water). What type of soil do you have in the orchard: Los Altos has predominantly clay soil. How important is yield volume of the fruit versus the health of the trees?: health of the trees What herbicide, fungicide, spray materials are used? Currently none. What public access is allowed, how often: Docent led walks. How is the fruit harvested (mechanical or by hand): The fruit is harvested by hand. Who harvests the fruit: The contractor harvests the fruit. It is in the city's municipal code not to pick the apricots and other city-owned trees or shrubs. One news article noted however that occasionally the trees in the heritage orchard are found stripped of fruit by the public. What happens to the fruit: The contractor sells the apricots at the DeMartini Orchard store across the street. The contract also allows the city to buy the apricots for $25 per lug. Source: news article. Any events held on the property: -The Los Altos History Museum conducts guided walks occasionally on the history of agriculture -Orchardist Phil Doestch conducts walks occasionally on how to grow healthy apricot trees -Plein Air artists invited to paint paintings of the orchard -Apricot STEM fair in June -Scientist Jane Packard, an expert on biodiversity, leads guided walk on history and origins of the plants that pollinate, and creatures that live within, this urban green space -Edible Tree Walk map/brochure tour starts with a talk by the town’s orchardist who oversees the apricot orchard. Following this brief talk, walk through the neighborhood, and circle back to the Civic Center and end at the Los Altos Museum. You’ll learn fun facts, history and how to plant, prune, harvest and incorporate local fruit into your cooking. If you’re a foodie, a history buff, or would just like to learn about the trees around you—then this walk is for you! Any plans for the property: None. Awards: In 1978 the City of Los Altos was honored with the county’s Award for Excellence for its preservation of Los Altos History. How often do you send out an RFP: Would like to do it every five years but almost no one is willing to do the work on this orchard. Other orchardists: Orchardist Phil Doetsch of Palo Alto, CA Submitted: Commissioner Annette Stransky 5/22/2019 1 Martial Cottle Park Heritage Orchard Project – Martial Cottle Park Date: 05/22/2019 Name of Orchard: Martial Cottle Park Address of Orchard: 5283 Snell Ave, San Jose, CA 95136 (site map attached) The Park sits on the easterly side of the Santa Clara Valley floor, located within the Guadalupe River watershed, which encompasses approximately 170 square miles and drains north into San Francisco Bay. The site is relatively flat, with elevations ranging from approximately 155 to 165 feet across a gentle cross-slope down from the east and west to Canoas Creek. The Park is located within the Santa Clara Valley aquifer, above the Santa Clara Subbasin of the Santa Clara Groundwater Basin (San Francisco Bay Hydraulic Region). Groundwater depth in the Park vicinity ranges between approximately 12 to 25.22 feet below ground surface,1 which appears to be consistent with groundwater depth within the Park. Groundwater in the Santa Clara Valley aquifer is of good quality, is relatively uniform, and is currently considered suitable for most beneficial uses. Owner: California Department of Parks and Recreation and County of Santa Clara Parks and Recreation Department. Maintained by: Santa Clara County Parks and Recreation Department How long maintained by: In 2003, Walter Cottle Lester transferred ownership of 287 acres to the State of California and Santa Clara County The park opened in 2014. Attachment 2 2 Martial Cottle Park Contact information: Park Office: (408) 535-4060 parkinfo@prk.sccgov.org Any full time or part time employees working at this park? Acting Park Manager: Julie Kahrnoff Office: (408) 535-4061 Cell: (408) 204-1332 Julie.Kahrnoff@prk.sccgov.org Acting Senior Park Ranger: Lisa Pappanostas (408) 483-8048 Lisa.pappanostas@prk.sccgov.org Acting Senior Park Maintenance Worker: Jeremy Celaya (669) 287-5819 Jeremy.celaya@prk.sccgov.org Aniko Millan, Ranger Supervisor (408) 316-5627 Aniko.millan@prk.sccgov.org Jason Ebling, Acting Maintenance Supervisor (408) 314-5186 Jason.ebling@prk.sccgov.org Any docent or volunteer programs? Volunteer positions include Visitor Center Host, Land Steward team, School Programs Docent, Trail Watch/Litter Pickup team, Nest Box Monitor, Newsletter, Special Projects and Special Events. Julie Kahrnoff, acting park manager, said they have not had difficulty in finding volunteers. People living near the property have been very supportive of the new park. Interpretive programs include Jr. Rangers with weekly interpretive Martial Cottle Park Experience tours offered every Saturday at 1:00pm. Friends of Martial Cottle Park is a 501C3 non-profit organization that supports the park and promotes agricultural and environmental awareness (on June 6, 2019 hosting a private tour of the Martial Cottle Life Estate, including the Japanese House, Green Barn, Old Barn, Heritage Orchard, and the 1883 Cottle House). Our City Forest volunteers are responsible for invasive species removal, spreading mulch, and watering trees and shrubs. Any community partners associated with the park? Jacobs Farm, responsible for organic agricultural production and community education on 180 leased acres of the park. Jacobs Farm also operates a Farm Stand at Martial Cottle Park, selling its organic produce. 3 Martial Cottle Park Community Education partners include: •University of California Cooperative Extension (UCCE) •Our City Forest •City of San Jose’s Community Garden Program. •UC Cooperative Extension includes Master Gardeners of Santa Clara County (4 acres) •4-H Youth Development •Small Farm Program •Composting Education Program Community values? Emphasis on organic farming incorporating the latest in water conservation techniques and ongoing community education. Do they have a mission statement for the orchard? This park celebrates the community’s shared agricultural past and highlights innovations in modern organic, sustainable and urban farming practices. Vision: to inform and educate the public about agriculture in Santa Clara Valley. This park offers residents Walking; Biking; Equestrian; Paved Trails; Dogs on Leash; Reservable Group Picnics; Picnicking. There are plans to have a community garden using raised beds. How old is the orchard: There are two orchards on site: one is leased by Jacob’s Farms, an all-organic farm that sells fruit using a fruit stand. Jacob’s Farms is located on Snell Avenue/Chenoweth. The farm has 20 acres of cherries. The second orchard is called a kitchen orchard” and consists of 60 trees. Two trees of various varieties of fruit and nuts have been planted. The “orchard” fell into disrepair as the owner aged so some of the trees are in poor condition. A plan is attached with the approximate age of the trees. The kitchen orchard is located on property that is fenced and not open to the public. Approximately 18 buildings are located on the property including three barns, a small Quonset hut, the original home of the Lester family and a home for the hired help. A caretaker is presently living in the old house. The orchard and buildings are off-limits to the public. The orchard is organic—no chemicals. The fruit and nuts gathered are harvested and shared with the volunteers. The soil needs work—it is very hard with small rocks. The volunteers could be seen struggling to dig in the soil. The water system is from a well and uses sprinklers. 4 Martial Cottle Park What year did the orchard become heritage: 2003 when the land was transferred to the State of California. How many acres: 287 acres but not all land is planted. Some areas are used by the “partners.” What trees are planted: The “kitchen garden,” not open to the public, has a variety of fruit and nuts planted. The land leased to Jacob’s farm is 20 acres of cherries. The park has planted grape vines that have seeds and pear trees that do not bear fruit in strategic locations on the property to give the appearance of a ranch. How many of each variety: See attached. Other than fruit trees, are there efforts to grow other types of food? A community garden is planned. How method of irrigation is used: County Master Plan Recommendation: Encourage use of recycled/reclaimed water where appropriate, and harvest rainwater and greywater for use in non-agricultural irrigation where feasible. Bioswales, rain gardens, bioretention areas and other Best Management Practices (BMPs) for treating, detaining, and maximizing infiltration of stormwater runoff shall be implemented in conjunction with or prior to the construction of impervious surfaces from which they will be capturing runoff. Management of stormwater flow from BMPs to Canoas Creek shall be coordinated with SCVWD, and shall not utilize pipe outfalls. How important is yield volume of the fruit versus the health of the trees? The kitchen garden is more for show than value of produce. The leased farm of cherries is handled by Jacob’s farm which is organic. What herbicide, fungicide, spray materials are used: County Master Plan Recommendation: Encourage: Enrich soils with compost, compost tea and other natural soil amendments, and avoid synthetic fertilizers What public access is allowed, how often: The park is open year -round, 8:00 a.m. – Sunset The Visitor Center has information about the history of the land and the family who donated their ranch to become a public park. On exhibit are items from the family’s daily farm life. How is the fruit harvested (mechanical or by hand): By hand. 5 Martial Cottle Park What happens to the fruit when harvested: The kitchen orchard is harvested by volunteers and given to the volunteers. Jacob’s Farms has a fruit stand. Any events held on the property: Spring and Fall Festivals Master Gardeners’ Spring and Fall Garden Markets Jacobs Farm’s pumpkin patch, corn maze and holiday trees Jacob’s Farm manages a U-Pick orchard and an event area, for rent, beneath the cherry trees. There is a 150-year-old barn with a fully functioning 1941 Type B John Deere tractor 2019 - current/recent events: Martial Cottle Park Experience - Weekends through April Explores Santa Clara County's agricultural history. Visitors see items used on the farm in the 1890s, then take a short walk to learn about the park's current farming practices and partners. Arboretum Tour at Our City Forest’s Parcel Visitors learn about the urban forest in Silicon Valley. Why are trees important for city dwellers? What kind of benefits do they provide? After touring the young arboretum led by an Our City Forest's arborist, volunteers learn how to care for the trees and help beautify the developing site. Pop-Up Nursery at Our City Forest’s Parcel Native and drought-tolerant plants sourced from Our City Forest’s Community Nursery are available for purchase and visitors can learn the best way to plant a tree or shrub. Edible & Native Plant Talk at Our City Forest’s Parcel Visitors can learn California native plant names and the ways these plants were used for food and medicinal purposes. An Our City Forest’s native plant specialist gives a tour of the plants on site and provides ideas for visitors to take home to their own gardens. Park Beautification Day Volunteer Event Visitors can join Martial Cottle Park staff to remove unsightly and noxious vegetation, making the park more beautiful and allowing native and drought-tolerant plants to thrive. Awards: None at this time. Any plans for the property: The park is in its infancy. May we have a copy of their RFP? Other orchardists around and contacted by Cottle park: Tod Kennedy, fruit consultant for Fioli Gardens Crystal Bolina, Morgan Hill 6 Martial Cottle Park Other The park has a nice Visitor Center at the entrance. They also have a timeline of the valley history. Canoas Creek 0.4 0.2 0.1 0.3 0.4 0.2 0.2 0.2 0.1 0.4 0.4 0.2 0.1 0.3 0.4 0.2 0.2 0.2 0.1 0.4 Branham Ln. Chynoweth Ave.Snell Ave..Barron Park Dr.Chynoweth A v e .Wel l i n g t o n P a r k D r .Vis ta Pa rk D r . Che s b r o A v e .Velasco Dr.Cahalan Ave.Duesenberg Dr.85 MARTIAL COTTLE TRAIL MARTIAL COTTLE TRAILMA R T IAL COTTLE TRA I L MARTIAL COTTLE TRAILC A N O A S C R E E K T R A IL COONEY RANCHTRAIL VALLEY OAKCROSSINGVALLEY OAKCROSSING VALLEY OAKCROSSINGVALLEY OAKCROSSING CATTLE RUN TRAIL MARTIAL COTTLETRAILMARTIAL COTTLETRAIL MARTIAL COTTLETRAILMARTIAL COTTLETRAIL Ethel Lester Ethel Lester Edith Lester Edith Lester Leora CottleLeora Cottle Maybella Cottle Maybella Cottle Edward Cottle Edward Cottle Walter Cottle Lester Visitor Center Walter Cottle Lester Visitor Center Uncle Monte’s Discovery Farm Uncle Monte’s Discovery Farm Amphitheater Snell AvenueOrchardOrchard Overow Parking Field A OrchardOrchard Snell Entrance CATTLE RUN TRAILVALLEY OAK CROSSING0.1 0.2 S e e Ma p B e l o wScale in FeetScale in Feet 20020010010000 Park Oce/ Maintenance Shop Overow Parking Field A Overow Parking Field B Lessee Parking Only Field B Agricultural Area (Jacobs Farm Organic) Field B Agricultural Area (Jacobs Farm Organic) 4-H4-H BLOSSOM HILL LIGHT RAIL STATION Santa Clara Co. Master Gardeners Santa Clara Co. Master Gardeners No Public Vehicular Access OHLONE/ CHYNOWETH LIGHT RAIL STATION (0.2 miles) Snell EntranceSnell Entrance Field A Agricultural Area (Jacobs Farm Organic) Field A Agricultural Area (Jacobs Farm Organic) Field C Agricultural Area (Jacobs Farm Organic) Field C Agricultural Area (Jacobs Farm Organic) Agricultural Area (Jacobs Farm Organic) Agricultural Area (Jacobs Farm Organic) U.C. Cooperative Extension U.C. Cooperative Extension Our City ForestOur City Forest Produce Stand (Jacobs Farm Org.) Produce Stand (Jacobs Farm Org.) Paved Hiking Paved Hiking/Equestrian/Bicycling Hiking Hiking/Equestrian/Bicycling Paved Road Park Road (Bicycles OK) Service Road (No Public Access) Trail Distance (miles) Creek Private Property Future Use Area (No Public Access) Agriculture Area (Lessee & Invitee Access Only) Ranger Station/Visitor Center Phone: (408) 535-4060 Entry Kiosk & Pay Station Parking Gate Restrooms Picnic Area Reservable Group Picnic Area 1.1P LEGEND TRAIL USE Scale in FeetScale in Feet 80080040040000 Edward Cottle.........300 persons Edith Lester..............100 persons Ethel Lester................50 persons Leora Cottle...............50 persons Maybella Cottle........50 persons Group Picnic Areas MARTIAL COTTLE PARKCOUNTY OF SANTA CLARA Regional Parks and Recreation AreasTHE C O U NTY OF S A NTA C L ARA 18 5 0 HPC Saratoga Heritage Orchard master plan project: Notes from visit to Martial Cottle Park, May 7, 2019 Hosts: Julie Kahrnoff, acting park manager and Dave, head volunteer at orchard Life Estate Name of the heritage orchard 20 acres owned by SCC (see Martial Cottle Park Heritage Orchard Master Plan and Q&A report dated 04/20/19) Not open to the public Goal: 60 tree Heritage Orchard as it might have been planted in the 1950’s Kitchen orchard only Not a production orchard Labor: all volunteers Leased acres in the park - 190; Jacobs Farm is one of the leasing entities Preservation protection Environmental Easement used for Life Estate and park Required for complete protection; city proclamation non- protective according to Dave. Orchard condition Initial - dying trees Current tree and soil conditions: Soil is mediocre in terms of needed nutrients No plans as yet to amend the soil Planted new trees and rehabilitated the established trees Watering Supply - 2 historic wells housed in wood sheds that the Lesters had dug years ago Operation - several stand pipes around the perimeter with hoses; volunteers manually connect hoses to sprinklers mounted on stands and locate to irrigate the trees. Fruit Donated to volunteers Trees and Care (see charts Heritage Orchard Management Plan) Performed by volunteers Grafting experiments for Crystal Balina Cherry Crystobalina Cherry that requires 20 chill hours considered good tree to use Fig trees are the biggest fruit producers Supplier: Sierra Pacific Farms (not sure if this is correct name?) Attachment 3 Pesticides and herbicides Not allowed by County Certified 100% organic orchard: Jacobs Farm is located within the park and has a farm stand on Snell Fruit trees need fungicide (copper sulfate) but must hold off application until SCC okays a product that complies with standards. Buildings near by (not open to the public) 150 year old barn Several outbuildings ranging in size holding equipment Heritage Preservation Commission Heritage Orchard Master Plan Update Work Plan June 11, 2019 April 2019 •Kick off meeting •Consider a subcommittee for specific tasks May 14-June 11 2019 •Review existing Master Plan and context of the Heritage Orchard •Research similar city orchards •i.e. Los Altos, Santa Clara County, Sunnyvale •Heritage Orchard tour with Matt, Kate and John (completed 4/29/19) July 8 - August 13 2019 •Review and update goals and recommendations for the orchard. •Consider the function of the orchard -working orchard, educational and/or historic center. •Update implementation measures of the plan with phasing schedule September 10- November 12 2019 •Update site inventory and master plan maps •Consider update of photographs and illustrations for Master Plan •Staff to begin processing draft Master Plan December 10- January 14 2019 •Staff finalizes first draft plan and presents to HPC for final review February 11- March 10 2020 •Staff completes final draft Master Plan for reivew by HPC April-May 2020 •Staff prepares report to the City Council •project exempt per CEQA Section 15331 •Presentation of Master Plan to City Council Attachment 4 Heritage Orchard Master Plan Saratoga, California David Gates & Associates August, 2001 ---2020 Attachment 5 Heritage Orchard Master Plan Saratoga, California Acknowledgements City Council Mayor John Mehaffey Vice Mayor Nick Streit Councilman Stan Bogosian Councilman Ann Waltonsmith Councilman Evan Baker Heritage Preservation Commission Norman Koepernik, Chair Dora Grens Carolyn King Willys Peck Robert Peepari Beth Wyman City Staff City Manager: David Anderson Public Works Director: John Cherbone Staff Support: John Livingstone Commented [NJ1]: Update with current CC members. Commented [NJ2]: Update with current HPC members Commented [NJ3]: Update with current staff members SARATOGA HERITAGE ORCHARD MASTER PLAN 1 Purpose of Document In order to ensure the long-term viability of Saratoga’s Heritage Orchard, the Heritage Commission has prepared an Orchard Master Plan. This document provides for the renovation of the existing orchard and sets out guidelines to control future uses in the interest of minimizing disruption of the existing character or health of the orchard. Context The Heritage Orchard is an approximately 1814-acre site at the corner of Saratoga Avenue and Fruitvale Avenue. The orchard is currently comprised of Prune, Apricot, and Cherry trees. Historically, the orchard was made up primarily of Apricot trees, which still comprise approximately half of the trees in the orchard. A substantial block of Prune trees occupies the western edge of the site. In the last seven years, Cherry trees have been planted along the northern edge of the site to provide greater flexibility in responding to market crop values. Overtime, a number of trees in the orchard have died or declined. A substantial number of trees need to be replanted to maintain the orchard in a healthy condition. Currently, the orchard is irrigated using a temporary system. Irrigation lines are manually laid out on top of the ground to provide flood irrigation to four rows of orchard trees and then relocated to the next four rows of orchard trees. Using this labor intensive approach, `the trees are watered four to six times per year from a metered source. The Saratoga Library is located in the North corner of the orchard facing Saratoga Avenue. The proposed library expansion will necessitate the removal of some orchard trees to accommodate the building and parking expansion. Sixty-two of the removed trees have been transplanted to other locations in the orchard. An additional 140 orchard trees will be planted as a part of the separate library expansion project. These trees will be primarily located in the triangle of the Saratoga/Fruitvale intersection and along Saratoga Avenue with the remainder being planted the immediate perimeter of the library. Commented [NJ4]: Update/modify language? Commented [NJ5]: Verify/update? Commented [NJ6]: A well was installed. Update irrigation language. SARATOGA HERITAGE ORCHARD MASTER PLAN 2 Commented [NJ7]: Update vicinity map SARATOGA HERITAGE ORCHARD MASTER PLAN 3 Goals View of existing orchard from Saratoga Avenue Entry driveway Access dirt road to barn site Apricot trees along existing parking The following goals have been identified for the Saratoga Heritage Orchard: 1. Preserve the orchard as a functioning agrarian use. 2. Provide educational opportunities to learn about agricultural history in the area and orchard management and operations. 3. Maximize views of the orchard from the surrounding area to insure the orchard is an important part of the community’s image. 4. Minimize intrusion of site improvements into orchard that may disrupt orchard maintenance operations or impact the ‘natural appearance’ of the orchard. 5. Ensure orchard is maintained in optimum health by implementing necessary orchard maintenance and replacement programs. 6. Implement a tree adoption program. Commented [NJ8]: Update photos? Commented [NJ9]: Include a goal about how the fruit will be used once harvested? Include a goal about the use of the property? Educational? Public? Private? Events? SARATOGA HERITAGE ORCHARD MASTER PLAN 4 Recommendations In developing the master plan, the Heritage Preservation Committee reviewed a number of issues associated with the orchard from permitted uses to long-term maintenance approach. The following recommendations summarize their input on the range of issues. Replace orchard trees that have died or are in substantial decline. The orchard is comprised of 3 distinct groups of trees – Apricots, Prunes and Cherry trees. This diversity enhances the community enjoyment of the orchard by extending the period in which trees are blooming in the orchard. The diversity also facilitates orchard management with the staging of harvest time for the various fruits. The mix of fruit trees allow “averaging” the crop value from year to year as the price and productivity of the fruit crops will vary. Currently, there are 298 dead or missing trees, 154 are in severe decline and in need of replacement, and an additional 10 trees which will potentially need to be replaced in the next 5 years. Location of replacement tree species should be consistent with the existing trees in the various sections of the orchard. William Coates, Farm Advisor (Tree Fruit and Nut Crops) with the University of California Cooperative Extension, has provided the following recommendations for species selection when replanting the orchard: • Apricot: Bleinhien or Marianna Rootstock 2624 • Prune: French Prune or Marianna 2624 or Moroblin 29C Rootstock • Cherry: Bing Cherry with Black Tartarion or Von Pollinizers or Colt or Mazzard Rootstock Heritage Orchard Stats Existing Tree Inventory Healthy Tree Canopy Quarter Half Three Quarters Full Young Trees* Sub- Total Dead Trees Total Apricots 25 45 7 305 168 550 200 750 Cherries 0 0 0 0 314 314 61 375 Prunes 44 40 3 73 105 265 34 299 Total 1424 *Trees under 7 years old Commented [NJ10]: Update language for this master plan update? Commented [NJ11]: Update? Commented [NJ12]: Survey/update. Commented [NJ13]: Update language/species Commented [NJ14]: Update or remove? SARATOGA HERITAGE ORCHARD MASTER PLAN 5 Retain existing health of non-orchard trees. A number of native oaks and other trees interspersed throughout the orchard, while their existing trees are not typically found in a commercial orchard as they compete with the fruit trees in sun and space. The Heritage Preservation Committee felt it is important to retain these trees as a part of the sites history. However, only orchard trees will be planted in the orchard in the future. Commented [NJ15]: Still correct? Update accordingly. SARATOGA HERITAGE ORCHARD MASTER PLAN 6 MaintianProvide informal pedestrian paths in orchard. Pedestrian paths in the orchard shall have minimal impact on the natural appearance of the orchard and not interfere with maintenance. Pedestrian access through the orchard should be limited to hard packed, dirt paths created by dragging or rolling a disced area to create an even smoother surface. Paths will need to be recreated each year. Install aMaintain permanent irrigation system in the orchard. A permanent spray irrigation system should be provided to water the orchard trees. The irrigation system should be designed to achieve maximum watering efficiency through head to head coverage. The system should be laid out to work with the discing pattern between the orchard rows. The system should be designed to work with both a metered water source or a well system. A permanent system will minimize the labor associated with the current temporary irrigation system approach and to provide greater flexibility with watering in response to precipitation patterns and individual tree needs. Install aMaintain a well with a booster pump for irrigation water supply. In order to reduce the City’s reliance on and the expense of a metered water source, the City should initiate the process of implementing a well system. Preliminary information would seem to indicate a well system at this site would be successful. A test well needs to be drilled to confirm the feasibility of a well system for irrigation use. If the well system feasibility is confirmed, a booster pump or holding tank system should be designed to accommodate irrigation supply demand. Construct a “barn” to house orchard maintenance equipment and provide a focus for education programs. The maintenance barn should be located in the existing open area in the eastern portion of the site at the end of the existing access road. In addition to storage, the barn could also be used as a gathering area for docent educational programs about the orchard. The barn would be approximately 40’x 80’ and house all maintenance equipment and supplies stored on site. No outdoor storage would be allowed. The character of the barn should be consistent with the historic character of the orchard. (Public restrooms would not be provided in the barn area.) Design of the barn would be subject to review by the City. Commented [NJ16]: Update language since there are pathways in the orchard Commented [NJ17]: Update language since irrigation has been installed Commented [NJ18]: Updated language since well has been installed SARATOGA HERITAGE ORCHARD MASTER PLAN 7 A gravel forecourt would provide all-weather access to the barn. The gravel area should be a minimized size for barn uses. Access to the barn should be via the existing access road and would only be used for orchard maintenance. Access to the barn for educational purposes would be via the pedestrian pathways. Commented [NJ19]: Update language for “agricultural related structures”? SARATOGA HERITAGE ORCHARD MASTER PLAN 8 A water tower could also be located in this area to provide a visual landmark. Implement an adoption program for orchard trees. In order to increase community involvement in the orchard preservation and to off set some of the orchard maintenance costs, the commission would like the City to implement a tree adoption program. While the details of the program would need to be refined, the commission envisions a freestanding kiosk to be used to identify individual adopted trees rather than plaques scattered throughout the orchard. Pedestrian access through the orchard would be created by discing the rolling paths between the rows, parallel to the irrigation lines. Provide sign to identify “Heritage Orchard”. The sign should be located at the Fruitvale and Saratoga Avenue intersection. The design of the sign should be visually consistent with the agrarian theme similar to the “rock wall” Saratoga entry monument. The sign should be sited to avoid both conflict with sightlines and orchard operations. The kiosk should be visually consistent with the orchard area. Commented [NJ20]: Remove? Include in section with agricultural related structures? Commented [NJ21]: Update location for easier access to utilities and parking Commented [NJ22]: Update to include a new sign? SARATOGA HERITAGE ORCHARD MASTER PLAN 9 Implementation Phasing: The implementation of the Master Plan will occur over a number of years. In addition to the ongoing management strategies, there are a number of capital improvements which are a part of the master plan. The Phase I improvements should be undertaken in the next year to insure the continuing health of the orchard. Phase I Capital Improvements • Replace missing or dead orchard trees • Install a permanent irrigation system • Explore feasibility of a well and install well system as appropriate • Construct orchard sign Future Phase Improvements • Adopt a tree program development • Maintenance ‘Barn” construction • Ongoing orchard tree replacement as required Phase II Schedule: Typically orchard trees are planted in January from bare rootstock and ordered in fall. Consequently, in order to maintain the schedule, it will be important to initiate the project in a timely manner. All other improvements, such as well and irrigation system, could be installed subsequent to planting. Order bare root trees October 2001 Initiate well tests and install well and pumps Oct./November 2001 Plant bare root trees January 2002 Prepare construction documents for irrigation system January 2002 Obtain bids for installation of irrigation system/award contract February 2002 Install irrigation system March 2002 Design and install orchard sign April 2002 Initiate adopt-a-tree program July 2002 Commented [NJ23]: Update and/or include new implementation measures Commented [NJ24]: Ongoing Commented [NJ25]: Done. Maintain the irrigation system Commented [NJ26]: Done. Maintain the well Commented [NJ27]: Broaden to include agricultural structures? Commented [NJ28]: Update to include months/seasons vs year. SARATOGA HERITAGE ORCHARD MASTER PLAN 10 Phase I Construction Costs: The city council will need to allocate funds for Phase I improvements as follows. The following Phase I costs are anticipated: Item Unit Cost Cost Remove Existing Dead Trees / stumps (450) $75/tree $33,750 Assorted Orchard Fruit Trees (450) $100/tree $45,000 Irrigation System Lump sum $95,000 Booster Pump/Well Lump sum $41,000 Electrical Lump sum $5,000 Orchard Monument Sign 1 $7,000 Subtotal $226,750 Contingency 20% $45,350 Total $272,100 Commented [NJ29]: Remove? Update? Include a section for best practices? ti..` "4 x Orchard Inventory 2001CIVICCENTERr a axo Apricots CREEK X x © o .Xo O O © 0 a o x - f, j r Cherriesxxbxxx QOM Oxr - , OX x pppxO(&(aa p ,.. Q x ©Qa ® x. x '0. 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Trees transplanted x x • a, X X p n x D CD x x p xwithlibrary x k p ,y. o 7 x x f Es: x u O Q construction s x x > x x X w o o 0 0 x x p OK tam X 0x t i p ox X X X X X X Xxx x x x o x3 a a 00 XOGrr x .. .r Q ` sOO OO X X X (DX Q@ O O x X X x xxxxC 4 X X X OO OO o x f O y r CO O O 1 SARAT x . x 0 9 a gtWf LIBRARY 0® x X y 000000 X X oOa x XOxxrx j C n000 x OXx, x Gx x tJ t a 4 :!\, Ji.!O O O a r, X ' J x x X ®i`x x ',.. x x x X x x x°x> x x X Ex 4 OO ax x0X0 kOUO O/C b` ' T y j" X © veX x Q x G ©X' X x, X r a c O 0,O l J t-., a v E V x ' '.x ya`" x }' x x r ' 1 Q x xGOO O O 4 x CaOtlOOO . i x x o 5 x Goose . 00 X X46GANUEAVE GATES GH T a R ASSOCIA ESENTRYACCESSROADi LA.NDSC APE a'[H i c IUhE 5 F update inventory/ site plan Orchard Master Plan 1 CIVIC CENTER po r Apricots o , CREEK fl o a Q ® Cherries Q oor o 00 (DO oo C3 o o Q O C Cd C 4 C3{? Q o o b:Q oe C3 Pooo, Q runesofleayOOO t-3Q© © 7 a °' 0 a o s o y , 0O (D o ,`,Oao ooh. 0 0 0 4 t o Q d 4 CJC Q Oaks and other non-orchard o GQ o C,00 4 CQ CQ d rh a trees tD OCip o , 0 0 o<D o { 4 0- 0- © Q o Q uop ar LDS « ?a) QC3' tQ aGGt G o r, oo p i QCD G o C7Q opQQ © oo _ Q 7C 6Qao( QQ aao , ( c i P o © oa o oo a 000 a o0 , , 3 0 D (70 oo C7OpOat ps (D Qo '5 o ® p Q {o0 00 comma ° A o p 7 G(3)Q(9)(W o ADOPT ATREE KIOSK o Q 0 flay fe s o o 4 .Q goo BARN z. ti,f}SARATO o ? &D 0 ©C LIBRARY r 4ry I .. ;o DO p 0 INI, D(2) W (R) Q 00 Goo Orchard` 1 identity sig n SAR.A. T OGA AV EN i UE GATES::TES; GvfF&ASSOCIATESES e J,NCSC ACCESS ROAD1 yt -.- Update Inventory/site plan Project Status Worksheet Staff/Commissioner Assigned Status Heritage Resource Inventory Candidates Structures 14625 Big Basin Way Stransky 14285 Saratoga Av Rodgers 18495 Montpere Way Marchetti 13650 Saratoga Av (Library)Stransky Hold 13716 Saratoga Av Sacred Heart Rodgers 19246 DeHavilland Nugent 19222 DeHavilland Nugent 19223 DeHavilland Nugent 20520 Marion Rd Shah 20602 Marion Rd Shah 20996-21398 Congress Springs Rd (Quarry)Nugent 18530 Montpere Way Rodgers 14301 Saratoga Av Rodgers Commissioner sent letter in 2017 to property owner. No response. Draft historic survey submitted May 2019. Due to length of time since previous correspondence, letter will be prepared by staff to send to property owner to commence a new 45 day review. 14321 Lutheria Way Stransky 20290 Orchard Road Stransky 20328 Orchard Road Stransky Letter sent for 45 day comment period. Period up on January 14th. On January 2, 2019, staff was informed that the property owner is not interested in having their house on the inventory. 20350 Orchard Road Stransky Letter sent for 45 day comment period. Period up on January 14th. Owner has contacted City and is hesitant about being put on inventory. Staff provided additional information and owner will contact City whether or not they are interested. 14220 Elva Ave - Russian Church Stransky Letter sent for 45 day comment period. Period up on January 14th. Church responded that they do not want to be included on the inventory 14104 Oak St Stransky 14791 Oak St 20318 Saratoga-Los Gatos Road Stransky Letter sent for 45 day comment period. Period up on January 14th. Owner in support of being on the inventory. 14404 Quito Rd Stransky 14900 Montalvo Road Stransky 20331 Orchard Road Stransky Other Saratoga Federated Church Bell Nugent Letter sent and review period over. In progress IN PROGRESS ITEMS Page 1 of 4 6/5/2019 Project Status Worksheet Staff/Commissioner Assigned Status Eichler Entrance Feature (four) - Cox Ave Nugent Letters sent to property owners. Review period over. Positive contact from homeowner at 19201 Schubert Dr Concern from homeowner at 19461 DeHavilland Drive Waiting for final historic reports. Historic surveys completed in April 2019. Scheduled for HPC review on July 9, 2019. Certified letters mailed to property owners informing them of upcoming meeting and they were sent the historic survey for their property. 19152 DeHavilland Dr has a new owner so we had to restart the 45 day review period. 14120 Shadow Oaks - Tree Stransky 14250 Douglas Stransky Historic Landmark 20331 Orchard Rd Staff/Stransky HPC recommended approval. Owner intends to file for Mills Act. Landmark application being held until Mills Act application is processed. Markers (Point of Interest) Ohlone Indians Stranksy Saloon Stranksy Urban Railroad Paper Mill Paste Board Mill Village Design Guidelines Johnson April 2019 meeting - HPC reviewed draft. Planning Commission considered matter on May 8, 2019. City Council meeting scheduled for July 2019. Heritage Orchard Master Plan Update In progress Saratoga Ave Heritage Lane Inventory Village Inventory Heritage Plaques/Signage Memorial Park Madronia Cemetary Heritage Orchard WWI Memorial Arch Baily Proposed Ord Amend (Saratoga Ave-Heritage Ln Staff To be discussed by Council FY 2019/2020 Grover House Development Update Staff Ongoing Training Events Blossom Festival 2020 State of the City 2019 Arbor Day 2020 Page 2 of 4 6/5/2019 Project Status Worksheet Staff/Commissioner Assigned Status Preservation Month 2019 Eichler presentation at library on May 11th. Council proclamation May 1st Approved 10,000.00 Balance 8,250.00 Other Connect with Realty Firms Allocation for FY 18-19 (For POI Markers & Training) Page 3 of 4 6/5/2019 Year/Fiscal Year Notes Added 18500 Montpere Way 2015 19277 Shubert Dr 2017-2018 2018-2019 13601 Saratoga Av St Andrew's 2018-2019 20331 Orchard Road 2018-2019 Discontinued 19365 Allendale 2017 Owner did not want house on Inventory 20021 Bella Vista 2014 Lack of owner consent 14501-14503 Big Basin Way 2014 Lack of owner consent plus not eligible as it lacks sufficient integrity to its original design 14251 Fruitvale 2014 Lack of owner consent 14519 Big Basin Way 2014 Lack of owner consent 14413-14415 Big Basin Way (20640 Third St)2014 Lack of owner consent plus not eligible as it lacks sufficient integrity to its original design 14495 Big Basin Way 2014 Lack of owner consent plus not eligible as it lacks sufficient integrity to its original design 14754 Pierce Rd 2014 Lack of owner consent 2015 Owner did not want house as a landmark Heritage Tree Inventory Added 2017-2018 Point of Interest Markers Installed Blossom Festival 2017-2018 Saratoga Inn/Theater in the Glade 2017-2018 Publications Heritage Tree Guidebook 2017 FAQ's Historic Preservation 2017 FAQ's Heritage Trees 2017 FAQ's Mills Act 2017-2018 FAQ's Landmarks 2017-2018 Training Federal Fiscal Year 2017/2018 2018/2019 2018/2019 Lutheria Way Entrance Posts 14200 & 14221 Lutheri Webinar Examples in Sourcing and Repairing California's Historic Stone Architecture Webinar Identifying and Treating Historic Wood Webinar CA Modern Architecture Completed/Discontinued Heritage Resource Inventory Landmarks Added Palm Trees - Yerba Santa Court Old Grandview Ranch Discontinued