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Home My WebLink About10-21-2020 City Council Agenda PacketSaratoga City Council Agenda – October 21, 2020 – Page 1 of 6 SARATOGA CITY COUNCIL REGULAR MEETING OCTOBER 21, 2020 Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19 This meeting will be entirely by teleconference. All Council members and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted in compliance with the Governor’s Executive Order N‐29‐20 suspending certain teleconference rules required by the Ralph M. Brown Act. The purpose of this order was to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID‐19 pandemic. Members of the public can view and participate in the 6:00 p.m. Joint Meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/86551156860 or App (Webinar ID 865 5115 6860) and raising their hand when directed by the Mayor to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (865 5115 6860) and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Members of the public can view and participate in the 7:00 p.m. Regular Session of the meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/89192298513 or App (Webinar ID 891 9229 8513) and raising their hand when directed by the Mayor to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (891 9229 8513), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR 3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99), calling 1.669.900.6833 or 1.408.638.0968, entering the Webinar ID (891 9229 8513), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR 4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2, calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (891 9229 8513), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Please mute your computer or television before giving public comment. The public will not be able to participate in the meeting in person. As always, members of the public can send written comments to the Council prior to the meeting by commenting online at www.saratoga.ca.us/comment prior to the start of the meeting. These emails will be provided to the members of the Council and will become part of the official record of the meeting. Saratoga City Council Agenda – October 21, 2020 – Page 2 of 6 During the meeting the Mayor will explain the process for members of the public to be recognized to offer public comment. In accordance with the Americans with Disabilities Act and the Governor’s Executive Order, if you need assistance to participate in this meeting due to a disability, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. 6:00 P.M. JOINT MEETING Members of the public can view and participate in the Joint Meeting by: 3. Using the Zoom website https://us02web.zoom.us/j/86551156860 or App (Webinar ID 865 5115 6860) and raising their hand when directed by the Mayor to speak on an agenda item; OR 4. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (865 5115 6860) and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Joint Meeting with Santa Clara County Sheriff’s Office 7:00 P.M. REGULAR SESSION Members of the public can view and participate in the Regular Session of the meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/89192298513 or App (Webinar ID 891 9229 8513) and raising their hand when directed by the Mayor to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (891 9229 8513), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR 3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99), calling 1.669.900.6833 or 1.408.638.0968, entering the Webinar ID (891 9229 8513), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR 4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2, calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (891 9229 8513), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Please mute your computer or television before giving public comment. ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on October 15, 2020. REPORT FROM JOINT MEETING Saratoga City Council Agenda – October 21, 2020 – Page 3 of 6 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS 1. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted on in one motion, unless removed by the Mayor or a Council Member. Any member of the public may speak on an item on the Consent Calendar at this time, or request that the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on October 7, 2020. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 10/8/2020 Period 4; 10/14/2020 Period 4. 1.3. Budget Adjustment Resolution for Santa Clara County Public Health Department Tobacco Free Communities Grant Recommended Action: Approve budget adjustment resolution for Fiscal Year 2020/21 to include the Tobacco Free Communities Grant. 1.4. Amendment to Accessory Dwelling Unit Ordinance (Second Reading) Recommended Action: Waive the second reading and adopt the attached ordinance adopting and modifying Article 15-56 (Accessory Dwelling Units) to incorporate changes required by State housing law. 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. Parking Restrictions on Douglass Lane, Black Walnut Court, Kenosha Court, and Minocqua Court Recommended Action: Consider approving the attached Motor Vehicle resolution to adopt parking restrictions on Douglass Lane, Black Walnut Court, Kenosha Court, and Minocqua Court. Saratoga City Council Agenda – October 21, 2020 – Page 4 of 6 3.2. Offer to Purchase Rule 20A Undergrounding Credits Recommended Action: 1.Consider City of Burlingame’s offer to purchase Saratoga’s Rule 20A Credits for undergrounding electric utilities and provide direction to the City Manager. 2. If the offer is accepted, approve a budget resolution allocating funds to be received and adjusting capital programs related to undergrounding projects accordingly. 3.3. Notice of Completion – Saratoga to Sanborn Trail Construction Recommended Action: 1.Move to accept the Saratoga to Sanborn Trail Construction contract as complete and authorize staff to record the Notice of Completion. 2.Approve the award of the early completion bonus to the contractor for completing the project by October 2, 2020. COUNCIL ASSIGNMENTS Mayor Howard Miller Council Finance Committee Saratoga Ministerial Association Saratoga Sister City Organization Silicon Valley Clean Energy Authority Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee VTA State Route 85 Corridor Policy Advisory Board West Valley Mayors & Managers Vice Mayor Mary-Lynne Bernald Association of Bay Area Governments Cities Association of Santa Clara County Board of Directors Cities Association of Santa Clara County-City Selection Committee Cities Association of Santa Clara County-Legislative Action Committee Council Finance Committee Hakone Foundation Board & Executive Committee Public Art Committee Santa Clara County Housing and Community Development (HCD) Council Committee Santa Clara/Santa Cruz Airport/Community Roundtable Saratoga Historical Foundation Council Member Yan Zhao Hakone Foundation Board KSAR Community Access TV Board Public Art Committee Santa Clara County-Comprehensive County Expressway Planning Study Policy Advisory Board Saratoga Area Senior Coordinating Council (SASCC) Saratoga Chamber of Commerce & Destination Saratoga West Valley Sanitation District Council Member Rishi Kumar Santa Clara County Library Joint Powers Authority Santa Clara Valley Water District Commission Saratoga City Council Agenda – October 21, 2020 – Page 5 of 6 West Valley Clean Water Program Authority West Valley Solid Waste Management Joint Powers Authority CITY COUNCIL ITEMS COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Debbie Bretschneider, CMC, City Clerk, for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on October 15, 2020 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 15th day of October 2020 at Saratoga, California. Debbie Bretschneider, CMC, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda, copies of materials distributed to the City Council concurrently with the posting of the agenda, and materials distributed to the City Council by staff after the posting of the agenda are available on the City Website at www.saratoga.ca.us. Following removal of State and local shelter in place orders these materials will be available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II] 10/21 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00 p.m. Regular Session 11/04 6:00 p.m. Joint Meeting with KSAR | 7:00 p.m. Regular Session 11/18 6:00 p.m. Joint Meeting with Los Gatos-Saratoga Recreation | 7:00 p.m. Regular Session 12/02 5:00 p.m. Commission Interviews for HPC & TSC | 6:00 p.m. Joint Meeting with Historical Foundation | 7:00 p.m. Regular Session 12/15 7:00 p.m. Council Reorganization 12/16 6:00 p.m. Study Session – Council Norms | 7:00 p.m. Regular Session CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2020 City Council Joint Meeting The City Council Regular Session begins at 7:00 p.m. as a Virtual Meeting. View access information on the agenda at www.saratoga.ca.us/agendacenter JOINT MEETING WITH SANTA CLARA COUNTY SHERIFF’S OFFICE October 21, 2020 6:00 p.m. –6:45 p.m. Virtual Meeting General Public Zoom Access: https://us02web.zoom.us/j/86551156860 Webinar ID: 865 5115 6860 Or Dial:1.408.638.0968 or 1.669.900.6833 and enter Webinar ID (City Council, Santa Clara County Sheriff, and City staff will receive separate access information) Discussion Topics Current Trends Public Outreach about Holiday Thefts COVID-19 Statistics RIPA (AB 953) Law Upcoming Initiatives & New Programs Other Remarks & Wrap Up 5 SHERIFF’S OFFICE Joint Meeting with Saratoga City Council October 21, 2020 6 Santa Clara County Sheriff’s Office •Crime Updates •Covid-19 Response and Statistical Data •Racial & Identity Profiling Act (RIPA) •Holiday Package Thefts •Upcoming Initiatives and New Programs 7 Santa Clara County Sheriff’s Office 2019 2020 % Difference Commercial Burglary 18 13 -28% Residential Burglary 58 36 -38% Vehicle Burglary 23 19 -17% Auto Theft 12 20 67% Grand Theft 26 21 -19% Identity Theft 60 58 -3% Robbery 2 3 50% Assaults 6 8 33% Domestic Violence 19 18 -5% Sex Crimes 11 4 -64% JANUARY - SEPTEMBER Saratoga Crime Index 8 2020 JAN FEB MAR APR MAY JUN JUL AUG SEP Calls for Service --34 110 27 2 5 12 8 Incident Reports --1 0 1 0 0 0 0 Total --35 110 28 2 5 12 8 0 20 40 60 80 100 120 MAR APR MAY JUN JUL AUG SEP Data Breakdown 198 Total calls for service 2 Total incident reports (HS120295) 4,019 Total minutes on calls for service (66.98 hours) 20.3 Average minutes spent per call for service 436 Total minutes on calls related to incident reports (7.27 hours) 218 Average minutes spent on call related to incident report (7.20 hours) 4,455 Total minutes on calls and incident reports combined (73.53 hours) 81% 3%10%6% CALL TYPE Complaints Disturbances Informational Patrol/Compl. Checks Covid-19 Statistics 9 Racial & Identity Profiling Advisory Board (RIPA) •AB 953 Reporting Requirements Commence January 2021 •Eliminate racial and identity profiling, and improve diversity and racial and identity sensitivity in law enforcement •16 Points of Information collected and submitted to DOJ yearly •RIPA Board to publish yearly statistics •Annual Report may be found here 10 Package Thefts During the Holidays Have a neighbor or relative accept the parcel if you can’t be home Have the package delivered to your workplace Request the shipper hold the package at their facility for pick-up Provide delivery instructions to have the parcel hidden in a location that is out of sight Utilize shipping lockers as offered by some companies Pick up package asap Report package theft! 11 Upcoming Initiatives and Programs Teen Driving Diversion Program Online Incident Reporting Customer Satisfaction Survey Cards Deputy Training Psychiatric Emergency Response Team (PERT) 12 Sheriff’s Office West Valley Substation 408.299.2311 Non-Emergency 408.868.6600 Administrative Offices 1601 S. De Anza Boulevard Suite 148 Cupertino, CA 95014 13 SARATOGA CITY COUNCIL MEETING DATE:October 21,2020 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, CMC, City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Regular City Council Meeting on October 7, 2020. BACKGROUND: Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. FOLLOW UP ACTION: Minutes will be retained for legislative history and posted on the City of Saratoga website. ATTACHMENTS: Attachment A –Minutes for the Regular City Council Meeting on October 7, 2020 14 Saratoga City Council Minutes ~ October 7, 2020 ~ Page 1 of 6 MINUTES WEDNESDAY, OCTOBER 7, 2020 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 p.m., the City Council held a Joint Meeting with the West Valley Mission Community College District via teleconferencing through Zoom. At 6:00 p.m., the City Council held a Joint Meeting with Saratoga Schools via teleconferencing through Zoom. Mayor Miller called the virtual Regular Session to order at 7:01 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT:Mayor Howard A. Miller, Vice Mayor Mary-Lynne Bernald, Council Members Yan Zhao, Rishi Kumar (All Council Members appearing via teleconference) ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Mary Fury, Administrative Services Director John Cherbone, Public Works Director Debbie Pedro, Community Development Director Christopher Riordan, Senior Planner Kayla Nakamoto, Administrative Analyst Lauren Pettipiece, Public Information Officer Macedonio Nunez, Senior Civil Engineer Mainini Cabute, Environmental Program Manager (All staff members appearing via teleconference) City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. 15 Saratoga City Council Minutes ~ October 7, 2020 ~ Page 2 of 6 REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on October 1, 2020. REPORT FROM JOINT MEETING Mayor Miller provided an overview of the City Council Joint Meetings with the West Valley Mission Community College District and Saratoga Schools. ANNOUNCEMENTS Mayor Miller shared information about the 2020 State of the City video, COVID-19 updates, the Homemade Scarecrow Competition, and VTA 2021 Transit Service Plan Input. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None 1.CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on September 16, 2020. ZHAO/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON SEPTEMBER 16, 2020. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 9/16/2020 Period 3; 9/24/2020 Period 3; 9/30/2020 Period 3. ZHAO/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 9/16/2020 PERIOD 3; 9/24/2020 PERIOD 3; 9/30/2020 PERIOD 3. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended August 31, 2020 Recommended Action: Review and accept the Treasurer’s Report for the month ended August 31, 2020. ZHAO/BERNALD MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 31, 2020.MOTION PASSED BY VERBAL ROLL CALL. 16 Saratoga City Council Minutes ~ October 7, 2020 ~ Page 3 of 6 AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Maintenance Agreement Renewal with CentralSquare for TRAKiT Software Recommended Action: Authorize the City Manager to execute a two-year renewal of the maintenance agreement with CentralSquare Technologies for TRAKiT permit software. ZHAO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A TWO-YEAR RENEWAL OF THE MAINTENANCE AGREEMENT WITH CENTRALSQUARE TECHNOLOGIES FOR TRAKIT PERMIT SOFTWARE. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.5. ClearGov Three Year Contract Recommended Action: Authorize the City Manager to enter into a three-year contract with ClearGov. ZHAO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE-YEAR CONTRACT WITH CLEARGOV.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Mayor Miller commented on this item. 1.6. Authorize a 10% Contingency on the Contract with Trafficware-Cubic Recommended Action: Authorize a 10% Contingency in the amount of $19,935.00 on the contract with Trafficware – Cubic. ZHAO/BERNALD MOVED TO AUTHORIZE A 10% CONTINGENCY IN THE AMOUNT OF $19,935.00 ON THE CONTRACT WITH TRAFFICWARE – CUBIC. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.7. Council Policy for Community Funded Infrastructure Projects Recommended Action: Receive report and approve attached Council Policy for Community Funded Infrastructure Projects. Mayor Miller removed this item from Consent to speak about the policy. Mayor Miller invited public comment on this item. No one requested to speak. MILLER/BERNALD MOVED TO APPROVE THE COUNCIL POLICY FOR COMMUNITY FUNDED INFRASTRUCTURE PROJECTS.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 17 Saratoga City Council Minutes ~ October 7, 2020 ~ Page 4 of 6 1.8. Quito Road Speed Limit Update Recommended Action: Accept Report on the Quito Road Speed Limit Update. ZHAO/BERNALD MOVED TO ACCEPT REPORT ON THE QUITO ROAD SPEED LIMIT UPDATE.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.PUBLIC HEARING 2.1. Amendment to Accessory Dwelling Unit Ordinance Recommended Action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the attached ordinance adopting and modifying Article 15-56 (Accessory Dwelling Units) to incorporate changes required by State housing law. 3. Direct staff to place the ordinance on the consent calendar for adoption on October 21, 2020. Christopher Riordan, Senior Planner, presented the staff report. Mayor Miller opened the public hearing. Mayor Miller invited public comment on the item. No one requested to speak. ZHAO/MILLER MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE ADOPTING AND MODIFYING ARTICLE 15-56 (ACCESSORY DWELLING UNITS) TO INCORPORATE CHANGES REQUIRED BY STATE HOUSING LAW AND TO DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION ON OCTOBER 21, 2020. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.GENERAL BUSINESS 3.1. Playground Replacement Process Recommended Action: Accept report and provide direction to staff. John Cherbone, Public Works Director, presented the staff report. Mayor Miller invited public comment on the item. No one requested to speak. 18 Saratoga City Council Minutes ~ October 7, 2020 ~ Page 5 of 6 The City Council directed staff to create a policy on procedures to gradually replace City of Saratoga Park’s equipment with elements of all-inclusive equipment, plus a funding model, and to bring the policy to Finance Committee and then Council for approval. 3.2. Quarterly Infrastructure Project Update Recommended Action: Receive Report. John Cherbone, Public Works Director, and Macedonio Nunez, Senior Civil Engineer, presented the staff report. Mayor Miller invited public comment on the item. No one requested to speak. The City Council received the informational report on City Infrastructural Projects. 3.3. Amendment of City Council Assignments Recommended Action: Approve the resolution adopting the change in 2020 City Council assignments. Debbie Bretschneider, City Clerk, presented the staff report. Mayor Miller invited public comment on the item. The following people requested to speak: Belal Aftab spoke No one else requested to speak. RESOLUTION 20-066 MILLER/ZHAO MOVED TO DESIGNATE VICE MAYOR BERNALD AS THE ALTERNATE TO THE SILICON VALLEY CLEAN ENERGY AUTHORITY BOARD OF DIRECTORS AND APPROVE THE RESOLUTION ADOPTING THE CHANGE IN 2020 CITY COUNCIL ASSIGNMENTS. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Mayor Howard Miller Council Finance Committee – the Committee discussed selling Rule 20A credits to another City and this will be coming to Council. Silicon Valley Clean Energy Authority Board of Directors –SVCE and Mayor Miller were recognized in several CPUC case study reports. Valley Transportation Authority (VTA) Policy Advisory Committee – VTA is starting the 2021 Transit Service Plan Input. 19 Saratoga City Council Minutes ~ October 7, 2020 ~ Page 6 of 6 VTA State Route 85 Corridor Policy Advisory Board – the Advisory Board had a recommendation and it was presented to VTA Board of Directors. VTA is moving forward with an analysis and preliminary design for a Transit solution, including a dedicated lane for buses, on Route 85. Vice Mayor Mary-Lynne Bernald Council Finance Committee – asked Mayor Miller to report. Council Member Yan Zhao KSAR Community Access TV Board – the Board meeting was postponed. Saratoga Area Senior Coordinating Council (SASCC)– the Board received a report on the September 22 Resource Fair and that the “Asian-Americans For a Better Community” donated 10,000 masks for seniors. Saratoga Chamber of Commerce & Destination Saratoga – the Chamber had a meeting but have nothing to report. Council Member Rishi Kumar Nothing to report. CITY COUNCIL ITEMS Mayor Miller, with support from Vice Mayor Bernald, requested a presentation at a future Council meeting by Omniscent on air quality monitors in Saratoga. COUNCIL COMMUNICATIONS None CITY MANAGER'S REPORT None ADJOURNMENT ZHAO/BERNALD MOVED TO ADJOURN THE MEETING AT 8:49 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR.. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga 20 Evangeline Bundang, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: BACKGROUND: The information listed below provides detail for City check runs. Checks issued for $20,000 or greater are listed separately as well as any checks that were voided during the time period. Fund information, by check run, is also provided in this report. REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 10/8/2020 141947 141991 45 517,778.29 10/8/2020 9/30/2020 141946 Accounts Payable 10/14/2020 141992 142030 39 1,260,780.18 10/14/2020 10/8/2020 141991 Accounts Payable checks issued for $20,000 or greater: Date Check # Dept. Amount 10/8/2020 141951 City of Saratoga General PW WVCWPA Assessment 287,613.00 10/8/2020 141964 Mountain Bikers of Santa Cruz CIP Parks/Grant Project PW Saratoga-Sanborn Trail 77,547.80 10/8/2020 141986 SYL Construction Inc. CIP Streets Project PW McFarland Ave Curb Project 57,961.40 10/8/2020 141989 Villalobos & Associates CIP Streets Project PW Various Streets Projects 31,488.00 10/14/2020 141997 City of San Jose General PS Animal Control Services 53,995.05 10/14/2020 141998 Comp Shared Risk Pool Workers Comp ASD Workers Comp Premium 43,971.25 10/14/2020 142010 SCC Office of the Sheriff General PS Law Enforcement Oct 2020 534,079.83 10/14/2020 142011 O'Grady Paving, Inc. CIP Streets Project PW 2020 Pavement Management 508,818.76 10/14/2020 142025 US Bank Purchasing Card Various Various Various City Expenses 25,647.96 10/14/2020 142028 Villalobos & Associates CIP Streets Project PW Various Streets Projects 33,524.00 Accounts Payable checks voided during this time period: AP Date Check # Amount N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Accounts Payable SARATOGA CITY COUNCIL MEETING DATE:October 21, 2020 DEPARTMENT:Finance & Administrative Services 10/8/2020 Period 4; 10/14/2020 Period 4. PREPARED BY: Ending Check # Starting Check #Type of Checks Date Prior Check Register Checks ReleasedTotal Checks Amount Fund Purpose StatusReason Issued to Issued to 21 22 23 24 25 26 27 28 29 30 SARATOGA CITY COUNCIL MEETING DATE:October 21, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:Budget Adjustment Resolution for Santa Clara County Public Health Department Tobacco Free Communities Grant RECOMMENDED ACTION: Approve budget adjustment resolution for Fiscal Year 2020/21 to include the Tobacco Free Communities Grant. BACKGROUND: In December 2019, the City Council directed staff to prepare an ordinance prohibiting the sale of electronic smoking products. Subsequently, staff applied for and received a Tobacco Free Communities Grant from the County Public Health Department in the amount of $21,000 for Fiscal Year 2020/21 to cover costs associated with preparing the ordinance and conducting public outreach. The budget adjustment resolution would allow the grant to be reflected in the City’s Fiscal Year 2020/21 budget. ATTACHMENTS: Attachment A –Budget Adjustment Resolution 31 RESOLUTION 20-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE BUDGET FOR FISCAL YEAR 2020/21 TO ACCOUNT FOR SANTA CLARA COUNTY PUBLIC HEALTH DEPARTMENT TOBACCO FREE COMMUNITIES GRANT WHEREAS, the City of Saratoga was awarded a Santa Clara County Public Health Department Tobacco Free Communities Grant in the amount of $21,000 to cover the costs associated with preparing and ordinance prohibiting the sale of electronic smoking products in the City of Saratoga and conducting subsequent outreach on the regulation as well as smoking cessation; and WHEREAS, adoption of the budget adjustment resolution will amend the Fiscal Year 2020/21 City of Saratoga Operating Budget to account for the grant funds as follows: Account Description Account #Amount To budget revenue and appropriation for Santa Clara County Public Health Department Tobacco Free Communities Grant. Santa Clara County Public Health Department Tobacco Free Communities Grant 111.8102.42814 (revenue)$21,000 NOW, THEREFORE,be it resolved that the City Council of the City of Saratoga hereby approves the above adjustment to the Fiscal Year 2020/21 Budget. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21st day of October 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, CMC City Clerk 32 SARATOGA CITY COUNCIL MEETING DATE:October 21, 2021 DEPARTMENT:Community Development Department PREPARED BY:Christopher Riordan, AICP, Senior Planner SUBJECT:Amendment to Accessory Dwelling Unit Ordinance RECOMMENDED ACTION: Waive the second reading and adopt the attached ordinance adopting and modifying Article 15- 56 (Accessory Dwelling Units) to incorporate changes required by State housing law. BACKGROUND: On October 7, 2020 the City Council introduced an amendment to Article 15-56 Accessory Dwelling Unit Regulations) of the Saratoga City Code and directed staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ATTACHMENT: A. Ordinance 33 Attachment A Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING ARTICLE 15-56 OF THE CITY CODE (ACCESSORY DWELLING UNITS) The City Council of the City of Saratoga finds that: Findings: 1.The State Legislature passed a suite of bills (AB 68, AB 587, AB 671, AB 881, SB 13) amending Government Code Sections 65852.2 and 65852.22 which. became effective on January 1, 2020. The bills have the intent of promoting Accessory Dwelling Units as a partial solution to the State’s housing crisis. 2.This ordinance amends Saratoga Municipal Code Chapter 15- Zoning Regulations to incorporate the modifications to State housing law. These amendments were considered by the Planning Commission of the City of Saratoga at duly noticed public hearings on July 8 and September 9, 2020. Following consideration of all testimony and written materials, the Planning Commission on September 9, 2020 recommended that the City Council adopt the amendments to Chapter 15 set forth herein. 3.The City Council of the City of Saratoga held a duly noticed public hearing on October 7, 2020, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof and adopted the ordinance on October 21, 2020. Therefore, the City Council hereby ordains as follows: Section 1.Adoption. Section 15-56 (Accessory Dwelling Unit Regulations) of the Saratoga City Code is amended as set forth in Exhibit A. Section 2.Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. 34 Section 3. California Environmental Quality Act The proposed ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and CEQA Guidelines section 15282(h) which categorically exempts adoption of an ordinance by a City to implement the provisions of Government Code Sections 65852.1 and 65852.2 governing accessory dwelling units. Furthermore, the proposed ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no reasonably possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the ordinance will have a de minimis impact on the environment. Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the Cityof Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 7th day of October 2020 and was adopted by the following vote on October 21,2020. AYES: NOES: ABSENT: ABSTAIN: ____________________________________ Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider CITY CLERK APPROVED AS TO FORM: _______________________________ Richard Taylor CITY ATTORNEY DATE: ________________ 35 Exhibit A – Updates to Article 15-56 (Accessory Dwelling Units) The provisions of the Saratoga Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double-underlined text (example)and text to be deleted is shown in strikethrough (example). Text in italics is explanatory and is not an amendment to the Code except in cases where it directs renumbering of subsections not otherwise amended. Article 15-06 - DEFINITIONS 15-06.240 - Dwelling. "Dwelling" means a permanent building, or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures. (a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting separate and independent housekeeping units, occupied or intended for occupancy by one family on a permanent basis and having not more than one kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site. (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building. However, a single-family dwelling and a lawful accessory dwelling unit located upon the same site shall not be deemed a multi-family dwelling. (d) Accessory dwelling unit means an attached or detached residential dwelling unit, built or legalized pursuant to this Chapter, which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation and that meets all requirements set forth in Article 15-56 on a lot within the A, R-1, or HR district where a legally created single-family dwelling is situated. Accessory dwelling units are not to be sold separately from the main dwelling but may be rented. An accessory dwelling unit also includes the following: (1) An accessory dwelling unit that is an efficiency unit, as defined in Health and Safety Code Section 17958.1. (2) An accessory dwelling unit that is a manufactured home, as defined in Health and Safety Code Section 18007. (e) Junior accessory dwelling unit is a unit that is no more than 500 square feet in size, contained entirely within an existing or proposed single-family dwelling or accessory structure, and that meets all requirements set forth in Article 15-56 subsection 36 15-56.030(b)(2). A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. Article 15-56 - ACCESSORY DWELLING UNITS 15-56.010 – Purpose of Article. The purpose of this Article is to authorize the establishment of accessory dwelling units and junior accessory dwelling units in districts zoned to allow for single-family or multi- family dwellings residential zoning districts to comply with state law and to help achieve the goals and policies of the Housing Element of the Saratoga General Plan. Controlled construction of accessory dwelling units and junior accessory dwelling units will promote a stable heterogeneous community with a balanced social and economic mix. 15-56.015 - Definitions. The following definitions apply only to this Article: (1) Accessory dwelling unit as defined in Article 15-06. (2) Junior accessory dwelling unit as defined in Article 15-06. (3) Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (4) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (5)Short-term rental means a dwelling unit which is used for transient occupancy for periods of up to 30 consecutive days for which payment is required . (56) Tandem parking means two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another. 15-56.020 -One accessory dwelling unit or junior accessory dwelling unit per lot. Number of units allowed for single-family and multi-family dwellings. (a)Only one Single-family dwellings. One accessory dwelling unit or and one junior accessory dwelling shall be allowed on any one lot only if the lot is zoned for single-family use and which contains an existing or concurrently approved single-family dwelling unit. The accessory dwelling unit or junior accessory dwelling unit is an accessory use to the main dwelling unit and shall not count toward density limitations or be considered a new residential use.Such units are an accessory use to the main dwelling unit and shall not count toward density limitations or be considered a new residential use. (b)Multi-family dwellings. Refer to Section 15-56.030 of this article. 37 15-56.03025 - Development standards for accessory dwelling units and junior accessory dwelling units. Except as otherwise provided in Section 15-56.050, each accessory dwelling unit shall comply with all of the following development standards: (a) Newly constructed accessory dwelling unit that adds floor area. Each newly constructed accessory dwelling unit that adds floor area to a lot is required to satisfy the following criteria: (1)Lot size. The net site area of the lot upon which the accessory dwelling unit is located shall not be less than ninety percent of the minimum standard prescribed for the district applicable to such lot. Minimum standards for lots located in the HR Residential District are determined per Section 15-13.060(a) of the City Code. (2)(1) Building codes requirements. The accessory dwelling unit shall comply with applicable building, health and fire codes.Each accessory dwelling unit shall satisfy all applicable requirements of Chapter 16 (Building Regulations) with the exception that accessory dwelling units shall not be required to provide fire sprinklers unless fire sprinklers are required for the primary single-family dwelling or multi-family dwelling structure. An accessory dwelling unit shall be connected to a public sewer system. Occupancy of an accessory dwelling unit concurrently approved with a single-family dwelling unit shall not be allowed until the Building Department approves occupancy of the primary dwelling. (3)(2) Zoning regulations. Unless otherwise provided in this Article, the accessory dwelling unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, floor area limits, site coverage, and height limits). For lots that are at least 10,000 net square feet in size,A a one-time ten percent increase in site coverage and allowable floor area may be granted by the Community Development Director if the new accessory dwelling unit is deed restricted so that it may only be rented to below market rate households. (4)(3) Sale prohibited and rental. The unit shall not be intended for sale, or sold, separately from the main dwelling.An accessory dwelling unit may be rented separately from the primary single-family dwelling or multi-family dwelling but may not be sold or otherwise conveyed separately from the primary dwelling on the lot. An accessory dwelling unit or junior accessory dwelling unit shall not be used as a short-term rental. (5)(4) Location and configuration. The accessory dwelling unit must be either (i) attached to the an existing or concurrently approved accessory structure or main dwelling (including being located within the living area of the existing or concurrently approved main dwelling) or (ii) detached from the existing or concurrently approved main dwelling and located on the same lot as the existing main dwelling or (iii) on a lot with a multi-family dwelling per Section 15-56.030. (6)(5) Floor area. 38 a.Except as provided in subsection (b) below,The the maximum floor area limit for an accessory dwelling unit shall be as follows: i.an attached accessory dwelling unit shall not exceed 50 percent of the existing or concurrently approved living area of a single-family dwelling, with a maximum size of 1,200 square feet, not including the garage. iiii.a detached accessory dwelling unit,not located within a side or rear setback area, shall not exceed have a maximum size of 1,200 square feet of living area, not including the garage. iii.a detached accessory dwelling unit located partially or entirely within a side or rear setback area shall have a maximum size of 850 square feet of floor area if the unit has one bedroom or 1,000 square feet of floor area if the unit has two bedrooms. b.Both the accessory dwelling unit and the primary dwelling unit shall count toward the total maximum allowable floor area set by applicable zoning regulations. However floor area and site coverage requirements shall not be applied to prohibit the construction of an accessory dwelling unit that does not exceed 800 square feet gross floor area and which otherwise complies with all other applicable development standards. b.c.If an accessory dwelling unit has a basement or an attic, that area is included as part of the total maximum floor area allowed. c.Both the accessory dwelling unit and the main dwelling unit shall count toward the total floor area limit set by applicable zoning regulations. (6)Height of Accessory Dwelling Units. a.No detached accessory dwelling unit located partially or entirely within a side or rear setback area shall exceed sixteen (16) feet in height. b.No detached or attached accessory dwelling units located outside setback areas shall exceed twenty-six (26) feet in height. c.Accessory dwelling units, both detached and attached, in excess of eighteen (18) feet in height shall comply with the applicable design review regulations set forth in Article 15-45 of this Chapter. (7)Setbacks. Attached accessory dwelling units shall comply with the setbacks required for the primary dwelling unit. Detached accessory dwelling units shall have rear and side setbacks of no less than four feet. However, setbacks of less than four feet are allowed if the accessory dwelling unit is constructed in the same location and to the same dimensions as an existing structure that is demolished for the purpose of constructing the accessory dwelling unit. (7)(8) Construction above garage.Notwithstanding other setback requirements in the City Code, a setback as low as no less than five feet from the side and rear lot lines shall be allowed for an accessory dwelling unit that is constructed above a garage that is non-conforming as to setbacks. 39 (8)(9) Parking. Parking requirements for an accessory dwelling unit shall be as follows: a.Unless otherwise provided in this section, one off-street covered parking space within a garage shall be provided for the accessory dwelling unit in addition to the off-street covered parking spaces required for the main dwelling. The garage requirement may be waived if the accessory dwelling unit is deed restricted so that it may only be rented to below market rate households. If the garage requirement is waived, an open off- street parking space must be provided. b. No parking space shall be required for an accessory dwelling unit in any of the following instances: i. The accessory dwelling unit is located within one-half mile of a major transit stop public transit as defined in Government Code § 65852.2 California Public Resources Code § 21064.3 or included in the regional transportation plan; ii. The accessory dwelling unit is located within a designated architecturally and historically significant historic district; iii. The accessory dwelling unit is part of the proposed or existing primary residence or concurrently approved main dwelling or an existing residential accessory structure intended for human habitation; iv.When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; v. When there is a car share vehicle, in a location determined by the Community Development Director to have at least three dedicated parking spaces, located within one block of the accessory dwelling unit; or vi. The unit is permitted as a junior accessory dwelling unit. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any lost off-street parking spaces required for the main dwelling are not required to be replaced must be replaced with off-street covered parking. However, the construction of additional parking will not be required for the accessory dwelling unit in any of the instances described in subsection 15-56.030(a)(8)(B). (9)(10) Access. The accessory dwelling unit shall be served by the same driveway access to the street as the existing or concurrently approved main dwelling. (10)(11) Common entrance Entrances. If the accessory dwelling unit is attached to the main dwelling both the accessory dwelling unit and the main dwelling must may be served by either a common entrance; however or a separate exterior entrance to the accessory dwelling unit must be located on the side or at the rear of the main dwelling. No interior access shall be allowed between an accessory building and an accessory dwelling unit if both structures are connected by a common wall, with the exception that an attached garage may have interior access to an accessory dwelling unit. 40 (11) Fire sprinklers. An accessory dwelling unit may be required to provide fire sprinklers, but only if they are required for the main dwelling. (12) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (13) Owner occupation. The lot containing the accessory dwelling shall remain occupied by the owner of the lot, as evidenced by a valid Homeowners' Property Tax Exemption. The accessory dwelling must be vacated within one year after the termination of the owner-occupier's Homeowners' Property Tax Exemption, unless and until an owner-occupier reobtains the Homeowner's Property Tax Exemption. (1413) Limitation on number of bedrooms. An accessory dwelling unit may not have more than two bedrooms. (1514) Appearance. All new construction to create an accessory dwelling unit must match the existing or concurrently approved main structure in color, materials and architectural design. (16)Sewage disposal. An accessory dwelling unit shall be connected to a public sewer system. (b) Accessory dwelling unit constructed within existing floor area. (1) Conversion of existing floor area. Each application for a building permit to convert existing floor area interior space of an existing single-family dwelling or accessory structure to an accessory dwelling unit shall comply with the following standards: a.The accessory dwelling unit must: 1.Be located within an area a district zoned to allow for single-family use or multi-family dwellings; 2.Be contained within the existing interior space of a single-family dwelling or accessory building, including, but not limited to, a studio, pool house, or other similar structure. The interior space of an existing accessory building may be expanded by no more than 150 square feet beyond the physical dimensions of the existing structure for the sole purpose of accommodating ingress and egress. 3.Have independent exterior access from the existing main dwelling; 4.Not be intended for sale, or sold, separately from the main dwelling; 5.Have side and rear setbacks sufficient for fire safety as determined by the fire agency having jurisdiction; and 6.Comply with all building codes and health and safety regulations. b.Parking. 1.When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the main dwelling are not required to be must be replaced with off-street covered parking. 41 2.No additional parking will be required for the accessory dwelling unit in instances where the accessory dwelling unit is part of the existing main dwelling or an existing residential accessory structure intended for human habitation. c.Fire sprinklers. The accessory dwelling unit may be required to provide fire sprinklers only if they are required for the main dwelling. dc.Converted garage setbacks. No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. (2) Creation of a junior accessory dwelling unit within existing floor area. Each application for a building permit to convert existing floor area of an existing or proposed single-family dwelling or accessory structure to a junior accessory dwelling unit shall comply with the following standards: a.Owner-occupation. The lot containing the junior accessory dwelling unit shall remain occupied by the owner of the lot., as evidenced by a valid Homeowners' Property Tax Exemption. The junior accessory dwelling unit must be vacated within one year after the termination of the owner-occupier's Homeowners' Property Tax Exemption, unless and until an owner-occupier reobtains the Homeowner's Property Tax Exemption. Owner occupation is not required if the owner is another governmental agency, land trust, or housing organization. ba.The junior accessory dwelling unit shall be located within a district zoned to allow for single-family or multi-family dwellings. cb.The junior accessory dwelling unit shall be constructed within the existing walls of an existing or proposed single-family structure and shall be no more than 500 square feet in size. d. The junior accessory dwelling unit shall include one existing bedroom constructed as part of an existing single-family structure. ec.The junior accessory dwelling unit shall have a separate exterior entrance from the main entrance to the proposed or existing single-family residence., with an interior entry to the main living area. A second interior doorway may be used for sound attenuation. fd.The junior accessory dwelling unit shall contain an efficiency kitchen, which shall include all of the following: i.A sink with a maximum waste line diameter of 1.5 inches; ii i A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas; and ii ii A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. g e The junior accessory dwelling unit shall have side and rear setbacks sufficient for safety, as determined by the fire agency having jurisdiction. 42 hf.The junior accessory dwelling unit must comply with all building codes and health and safety codes. I Deed restriction. The lot upon which the junior accessory dwelling unit is located shall be deed restricted, which shall run with the land and be filed with the Community Development Department. The deed restriction shall include the following: i.A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. ii.A restriction on the size and attributes of the junior accessory dwelling unit that conforms with subsection 15-56.030(b)(2). Jg.Parking.No additional parking shall be required as a condition to grant a permit for the creation of a junior accessory dwelling unit. 15-56.030 – Additional provisions for multi-family dwellings. The following additional provisions apply to the creation of accessory dwelling units for multi-family dwellings as defined in Section 15-06.240(c). (a) For every four dwelling units within a multi-family dwelling, one accessory dwelling unit may be created within existing spaces that are not part of the living area, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the accessory dwelling unit so created complies with the California Building Code. (b) In addition to the accessory dwelling units allowed by subsection (a) above, not more than two (2) detached accessory dwelling units may be allowed for a multi-family dwelling subject to the standards, requirements, and restrictions of this Chapter. 15-56.035 – Owner occupancy restrictions. (a)With respect to a lot containing a standard accessory dwelling unit, for applications received after January 1, 2025, one of the dwellings on the lots must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of building permit approval by appropriated documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a deed restriction has been recorded on the title of the affected property stating that one of the dwelling units on the lot shall remain owner occupied. 15-56.03540 -Permitting Within 60 days of receipt of a complete application, the Community Development Department shall ministerially process for approval any application for a junior accessory dwelling unit or an accessory dwelling unit that is in compliance with the 43 requirements of this Article or otherwise qualifies for ministerial approval pursuant to state law. (a) Construction of an accessory dwelling unit that adds floor area. Within 120 60 days of receipt of a complete application, the Community Development Department shall ministerially process for approval any application for a building permit for a newly created accessory dwelling unit that adds floor area to the site and meets all the criteria in subsection 15-56.030(a) and none of the criteria in subsection 15-45.060(a). (b) Creation of accessory dwelling unit within existing floor area. Within 120 60 days of receipt of a complete application, the Community Development Department shall ministerially process for approval application for a building permit for an accessory dwelling unit that is built entirely within the floor area of an existing structure and that meets all the criteria in subsection 15-56.030(b)(1). (c) Creation of a junior accessory dwelling unit. Within 120 60 days of receipt of a complete application, the Community Development Department shall ministerially process for approval any application for a building permit for a junior accessory dwelling unit that meets all the criteria in subsection 15-56.030(b)(2). 15-56.04045 -Inspections of legalized accessory dwelling units and junior accessory dwelling units. (a)Where the application is for legalization of any existing accessory dwelling unit or junior accessory dwelling unit under Section 15-56.050, an inspection of the property shall be conducted to determine that the existing accessory dwelling unit or junior accessory dwelling unit under Section 15-56.050 will comply with all applicable building, health, fire and zoning codes. Such inspections shall be performed by the City or by an independent contractor retained by the City for such purpose, and the applicant thereof shall pay the cost. (b) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor shall the authorization to construct a new accessory dwelling unit or junior accessory dwelling unit or the legalization of an existing accessory dwelling unit or junior accessory dwelling unit, pursuant to this Code, represent a warranty by the City to the owner of the property or any other person that such property fully complies with all applicable building, health and fire codes. 15-56.050 -Legalization of existing accessory dwelling units and junior accessory dwelling units. (a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Accessory dwelling units and junior accessory dwelling units currently exist which were created prior to the adoption of this Article. In order to encourage the legitimating of such units under the law, the owners of property on which accessory dwelling units and junior accessory dwelling units are located should be 44 encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing accessory dwelling units or junior accessory dwelling units are not safe and sanitary for continued human occupancy, the City has the responsibility to either insure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this Section is to establish special procedures and standards for legalization of existing accessory dwelling units and junior accessory dwelling units that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to accessory dwelling units or junior accessory dwelling units established prior to February 19, 2003, but after August 18, 1984, within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standards in force at the time of construction. Any accessory dwelling unit or junior accessory dwelling unit established from and after February 19, 2003, shall be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of application. Application to legalize an existing accessory dwelling unit or junior accessory dwelling unit shall be filed with the Community Development Director on such form as shall be prescribed. The application shall be accompanied by the following: (1) A vicinity map showing the location of the site. (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off-street parking spaces on the site. (3) Inspection reports by the City or an independent contractor, as required under Section 15-56.040 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the property. (5) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Community Development Director: (i) a topographic map of the site showing contours at intervals of not more than five feet; and/or (ii) a geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. (6) If the existing accessory dwelling unit or junior accessory dwelling unit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site. (d) Standards. Existing accessory dwelling units and junior accessory dwelling units shall comply with the following standards: (1) Where the accessory dwelling unit or junior accessory dwelling unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Community Development Director, that the accessory dwelling unit or junior accessory dwelling unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazards. 45 (2) In lieu of compliance with the Uniform Building Code, the accessory dwelling unit or junior accessory dwelling unit shall comply with the Uniform Housing Code as adopted by the City and shall otherwise comply with applicable health and fire codes. (3)Provided that not less than three off-street parking spaces are available on the site, the requirement of a covered parking space for the accessory dwelling unit or junior accessory dwelling unit may be waived if there is no feasible location on the site for either a garage or carport. In such event, the parking space for the accessory dwelling unit or junior accessory dwelling unit shall be screened from view from the street, if possible; otherwise, the driveway on the site may be utilized as a parking space for the accessory dwelling unit or junior accessory dwelling unit. (43) Where the accessory dwelling unit or junior accessory dwelling unit is served by a septic tank, the septic system shall be inspected and approved by the County Health Department. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and the applicant's successors will be obligated to connect the accessory dwelling unit or junior accessory dwelling unit, and the main dwelling if also served by a septic system, to a sanitary sewer whenever the same becomes available and to pay the applicant's or the applicant's successors' proportionate share of the installation cost. (e) Disqualified existing units. Any accessory dwelling unit or junior accessory dwelling unit established prior to February 19, 2003, which does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new unit subject to the remaining provisions of this Article, except as follows: (1) The existing accessory dwelling unit or junior accessory dwelling unit shall comply with the standards set forth in subsection (d) of this Section. (2) The existing accessory dwelling unit or junior accessory dwelling unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15-70 of this Chapter. (f)Burden of proof. Wherever in this Section the legalization of an existing accessory dwelling unit or junior accessory dwelling unit depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. End of Amendments 1293965.3 46 SARATOGA CITY COUNCIL MEETING DATE:October 21, 2020 DEPARTMENT:Public Works Department PREPARED BY:Mainini Cabute, Environmental Programs Manager SUBJECT:Parking Restrictions on Douglass Lane, Black Walnut Court, Kenosha Court, and Minocqua Court RECOMMENDED ACTION: Consider approving the attached Motor Vehicle resolution to adopt parking restrictions on Douglass Lane, Black Walnut Court, Kenosha Court, and Minocqua Court. BACKGROUND: In July 2020, Public Works staff received communications from residents living on Douglass Lane, Black Walnut Court, Kenosha Court and Minocqua Court requesting help to reduce parking congestion on their streets as a result of West Valley College athletic facilities users. Staff advised the neighborhood leaders to work with their neighbors to identify parking restrictions that would be acceptable to all residents in that area. Subsequently, the residents submitted a request for the following parking restrictions: No Parking Monday thru Friday 7:00 a.m. to 7:00 p.m. No Parking on Weekends 7:00 a.m. to 11 a.m. and 3:30 p.m. to 7:00 p.m. Parking allowed on holidays On September 10, 2020, the Traffic Safety Commission (TSC) reviewed parking restriction requests for Douglass Lane, Black Walnut Court, Kenosha Court and Minocqua Court. During the TSC’s deliberation on this issue, the Commissioners noted that the request was not based on a traffic safety issue and consequently recommended that this issue be forwarded to the City Council for review. Additionally, the TSC recommended that City staff continue working with West Valley College to evaluate other parking opportunities. A Motor Vehicle resolution has been provided as Attachment A if the City Council wishes to adopt the parking restrictions proposed by the neighbors. Adoption of the resolution would implement neighbor recommendations to further best use of the street, but as noted by the TSC, the primary concern raised by neighbors is not a traffic safety matter and therefore the resolution is not tied to a traffic engineering study or recommendation. 47 Note: This staff report was revised on October 20, 2020 to clarify that the request from neighbors is not a traffic safety issue. ATTACHMENTS: Attachment A - Motor Vehicle Resolution Attachment B - Map of Parking Restriction 48 RESOLUTION NO. MV- ______ RESOLUTION AUTHORIZING RESTRICTED PARKING ON DOUGLASS LANE, BLACK WALNUT COURT, KENOSHA COURT, AND MINOCQUA COURT The City Council of the City of Saratoga hereby resolves as follows: I. The City Council of the City of Saratoga hereby determines that parking on the street locations during the times noted below would be detrimental to the best use of those streets and accordingly adopts the stated parking restrictions. This determination is based on facts and circumstances set forth in a petition from nearby residents and a recommendation from the Traffic Safety Commission based on its consideration of that petition. NAME OF STREETS LOCATION RESTRICTION 1. Douglass Lane 2. Black Walnut Court 3. Kenosha Court 4. Minocqua Court 1. Douglass Lane- From Fruitvale Ave to Nutwood Lane 2. Black Walnut Ct- From Douglass Lane to the end. 3. Kenosha Court from Douglass Lane to the end. 4. Minocqua Ct- From Kenosha Court to the end For all streets named: No Parking 7:00 AM-7:00 PM Mon thru Fri 7:00 AM TO 11:00 AM and 3:30 P.M.-7:00 P.M. Weekends Except on Holidays II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 7th day of October 2020, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Howard A. Miller, Mayor ATTEST: ____________________________ Debbie Bretschneider, City Clerk 1295330.2 49 MAP OF PARKING RESTRICTION REQUESTS FOR DOUGLASS LN, BLACK WALNUT CT, KENOSHA CT, MINOCQUA CT Parking Restriction: 7AM– 7 PM Mon-Fri, 7AM-11 AM and 3:30PM-7PM on Weekends, Except on Holidays 50 CITY OF SARATOGA Memorandum To: Mayor Miller & Members of the Saratoga City Council From: Debbie Bretschneider, CMC, City Clerk Date: October 21, 2020 Subject: Written Communications for Item 3.1 Parking Restrictions on Douglass Lane, Black Walnut Court, Kenoha Court, and Minocqua Court After the agenda was published, the attached Written Communications were received for the October 21, 2020 Council agenda item, Item 3.1 Parking Restrictions on Douglass Lane, Black Walnut Court, Kenoha Court, and Minocqua Court. 51 From:noreply@civicplus.com To:Howard Miller; Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; James Lindsay; Debbie Bretschneider; Crystal Bothelio Subject:Online Form Submittal: Council Comments Form Date:Monday, October 19, 2020 3:56:14 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name Mike Krey Phone Number Email Address Subject Parking restrictions on Douglass Lane, etc. Comments Hi Saratoga C C - I'm a Campbell resident, a member of a running club that uses West Valley College for our Saturday (not informal during Covid but some still meet). Been parking Sat. mornings on Douglass for 15 years. I know tennis has gotten even more popular and lots of cars. Realize it's an inconvenience for homeowners. Obviously my bias in on the other side, though. Really have not once seen this as a "safety" hazard. If you've got documentation of that, then fine and I understand. Hard to weigh all points of view. One thought is perhaps WVC can waive weekend parking fees, perhaps just in the lot closest to the tennis courts/track? I'm not sure where the proposed restriction would move the problem, but people will do what they will do to avoid the parking fee. Thank you. Email not displaying correctly? 52 From:noreply@civicplus.com To:Howard Miller; Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; James Lindsay; Debbie Bretschneider; Crystal Bothelio Subject:Online Form Submittal: Council Comments Form Date:Monday, October 19, 2020 4:38:21 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name Mark Goldman Phone Number Subject Proposed Motor Vehicle Parking Restrictions on Douglass Lane, Black Walnut Court, Kenosha Court, and Minocqua Court Comments Hello - I am opposed to this proposal. There are a relatively small number of cars that park on these streets on Saturday morning. People park on these streets and then walk across the street to use the tennis courts or the track. The cars are parked there only for the morning. We use the track and are gone by 9:15am. We are respectful, quiet, and follow all posted signs. We often spend money on breakfast or coffee in Saratoga. It would be a big inconvenience if we could not park there. Really appreciate your consideration. thanks, Mark Email not displaying correctly? 53 From:noreply@civicplus.com To:Howard Miller; Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; James Lindsay; Debbie Bretschneider; Crystal Bothelio Subject:Online Form Submittal: Council Comments Form Date:Tuesday, October 20, 2020 4:36:06 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name Nancy Kirk Phone Number Field not completed. Email Address Subject General Bs.10/21/20 Parking Restrictions on Douglass Lane, Black Walnut Court, Kenosha Court, and Minocqua Court Comments I'm in a running group, though because of Covid, we run apart on Saturday mornings. We park on Douglass to access West Valley campus area. Please take into account 2 issues: 1. What is likely to happen if the restrictions are made, cars will park in other neighborhood streets. 2. If we park around city hall on Sat., there is a lot of vehicle and foot traffic, besides cyclists, along Fruitvale because of Farmer's Market. That would create more safety issues for not only runners, but everyone in that vicinity. Further, many of those exercising do not wear masks. Should you nonetheless approve the restrictions, I suggest you please wait until Covid is no longer an imminent issue. Runners and/or walkers would face getting off the sidewalks onto Fruitvale traffic and into bike lanes. This would present more safety concerns. Thanks for your consideration. Email not displaying correctly? 54 From:noreply@civicplus.com To:Howard Miller; Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; James Lindsay; Debbie Bretschneider; Crystal Bothelio Subject:Online Form Submittal: Council Comments Form Date:Wednesday, October 21, 2020 10:12:43 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name Nancy Kirk Phone Number Field not completed. Email Address Subject 10/21/20 General Bs. Parking Restrictions on Douglass & other streets Comments This is an addendum to my earlier Comments submitted 10/20/20. First, I am not representing the running club. But I know some members are already talking about what other streets to park on. Most runners finish the course runs and are gone by 10am. As a potentially fair compromise for all, if the restricted time starts at 10am (instead of the proposed 7am) residents could still have freed up parking at a decent hour; cars wouldn't park on another street; the Saturday Farmers Market foot and traffic crowd wouldn't present the increased safety element; and city funds would be saved from the need to purchase & install signage. Thanks to the residents and council for considering the above compromise. Nancy Email not displaying correctly? 55 From:noreply@civicplus.com To:Howard Miller; Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; James Lindsay; Debbie Bretschneider; Crystal Bothelio Subject:Online Form Submittal: Council Comments Form Date:Wednesday, October 21, 2020 2:47:29 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name Donald Packwood Phone Number Email Address Subject Parking Restrictions on Douglass Lane, Black Walnut Court, Kenosha Court, and Minocqua Court Comments It has come to my attention that there is a proposal to eliminate parking on Douglas Lane and several courts near West Valley College. That is horrible news for me. I am an 80 year old living a block from the border of Saratoga. I have supported WVC over the years, voting for the bond measures to help support the college. As a retiree, living on a fixed income, I get some return on my investment in WVC by driving over a couple of times a week to meet friends and make use of the recreational facilities there. I have to park on Douglas Lane or on Black Walnut Court when I come. I am very careful not to annoy the neighbors by parking in front of their walk or mail box, or near their trash pickup bin. I can sympathize with how they must feel. I hope that some compromise can be found to accommodate both the neighbors near WVC and the oldsters using WVC facilities. Thank you for your attention. Donald Packwood Email not displaying correctly? 56 SARATOGA CITY COUNCIL MEETING DATE:October 21,2020 DEPARTMENT:Public Works Department PREPARED BY:John Cherbone, Public Works Director SUBJECT:Offer to Purchase Rule 20A Undergrounding Credits RECOMMENDED ACTIONS: 1.Consider City of Burlingame’s offer to purchase Saratoga’s Rule 20A Credits for undergrounding electric utilities and provide direction to the City Manager. 2. If the offer is accepted,approve a budget resolution allocating funds to be received and adjusting capital programs related to undergrounding projects accordingly. BACKGROUND: PG&E’s Rule 20A Program was established by the California Public Utility Commission (CPUC) in 1967.The statewide program’s main goal was to eliminate the concentration of overhead utility lines and wooden poles along major arterial streets, civic centers,and downtowns. Rule 20A created “Credits” to be distributed over time based on the number of electric meters within a City. Credits can accumulate until enough is banked to finance an ungrounding project. Credits can only be used to underground utilities per the guidelines of Rule 20A where PG&E controls the project and determines how many Credits are needed to complete the work. Since the Program’s inception the City has completed seven undergrounding projects. In 1971,all the lines and wooden poles in the Village were placed underground. This project was the most significant of the seven. In 1998, the City began developing a Rule 20A project along Saratoga Ave from Fruitvale Ave.to Baroni Ct.This would have been the 8th undergrounding project. The idea behind the project was to ultimately underground all wires and wooden poles along Saratoga Ave. from Fruitvale Ave to the Village (Heritage Lane)in phases as Credits became available. At the time, PG&E estimated the Saratoga Ave. undergrounding construction would require 645,000 Credits to reach Baroni Ct. Public Hearings were held, neighbors were notified,and then PG&E went bankrupt. During the pause of the Rule 20AProgram during the bankruptcy proceedings, this project expired. During and after the bankruptcy the City banked its Credits in order to accomplish a larger undergrounding project in the future. It is common for small cities to bank their credits for years 57 in order to fund a project. However, in 2019, the City received a notice that 23,801 of the City’s 4,027,766 Credits were being transferred to another city’s project. The CPUC ordered that a proportional amount of Credits be taken from all cities who hadn’t formed an undergrounding project within the last 10 years. To avoid additional loss of Credits, in January of this year the Finance Committee asked staff to start the process of reestablishing an undergrounding project along Saratoga Avenue by bringing a resolution to the City Council for consideration. By establishing an undergrounding project, the City’s Credits would be protected from further takeaways. As part of that discussion the Committee also considered a project in the vicinity of Quito Road where development mitigation fees from a project approved in 1994 were available to underwrite undergrounding costs but the Saratoga Avenue project was determined to be more feasible. The process began by asking PG&E to determine the length of the project, which is based on the total number of Credits allocated to the City. The City already knew that Saratoga Avenue was eligible because of the previously approved project. In 1998, 645,000 Credits was enough to reach Baroni Ct. Staff believed that having more than 4 million Credits would enable the City to underground utilities much further along Saratoga Ave than in 1998. To our surprise, PG&E estimated that the City’s 4 million Credits would not be sufficient to reach Baroni Ct. Put another way, assuming that one Credit had the purchasing power of $1 in 1998, the same Credit in 2020 has the purchasing power of 16 cents. PG&E estimates it currently takes 3-5 million Credits per mile to underground utilities. DISCUSSION: On September 25th, the City Manager received an offer letter from the City of Burlingame (Attachment A) to purchase Saratoga’s PG&E Rule 20A Credits. The City of Burlingame needs 25 million Credits for undergrounding utilities along a stretch of El Camino Real. The offer price was 25 cents per Credit. PG&E allows cities to transfer credits to other cities based on a mutual agreement. Past agreements between cities show that most Credits have been valued between 20 and 50 cents each. On October 1, the Finance Committee reviewed Burlingame’s offer and asked staff to negotiate a higher per Credit value with a 30-day timeline to complete the purchase. Subsequent discussions with Burlingame led their City Manager to agree to place a Memorandum of Understanding (MOU) increasing their offer to 30 cents per Credit with a 30-day execution deadline before their City Council for consideration at their meeting to be held October 20. Staff will report on the outcome of Burlingame’s action as part of its presentation on this item at the Council meeting on October 21. If the Burlingame City Council makes the offer and it is accepted by the Saratoga City Council, the City Manager would execute a MOU with the City of Burlingame to transfer 4,027,766 Rule 20 Credits at 30 cents a Credit and in return receive a payment in the amount of $1,208,329.80. The payment would be deposited in the unallocated Capital Improvement Program Fund but could be used for any purpose. A copy of the proposed MOU developed by Burlingame and Saratoga staff is included as Attachment B. A 30-day execution deadline to receive payment from 58 Burlingame was stipulated in the MOU so that Saratoga’s offer isn’t sidelined while Burlingame negotiates offers with other cities. If the Council decides to accept the offer it should also adopt the attached budget resolution. This resolution would allocate the funds to be received pursuant to the MOU to the unallocated Capital Improvement Program Fund and would close the general Rule 20A Undergrounding Project and the Quito Road Undergrounding Project and return the funds on deposit for the Quito Road undergrounding to the developer since that project cannot be completed without Credits. Given the diminishing value of Rule 20A Credits, the decades it takes to bank enough Credits to perform a project, PG&E’s latest potential bankruptcy problems, and recent information that the CPUC may sunset the current Rule 20A Program for something different, staff recommends that the City Council strongly consider the Burlingame offer. FINANCIAL STATEMENT: The transfer of 4,027,766 Rule 20 Credits to the City of Burlingame will increase revenues in the General Fund by $1,208,329.80, for subsequent transfer to the CIP Reserve. The refund of the Quito Road Undergrounding CIP Community Benefit Fee will eliminate the CIP Project’s expenditure of $98,744 and increase a revenue refund account by $98,744. ATTACHMENTS: Attachment A – Initial City of Burlingame Offer Letter Attachment B – MOU Attachment C – Budget Resolution 1299525.4 59  Subscribe to the City of Burlingame’s weekly e-newsletter at www.burlingame.org/enews.  The City of Burlingame OFFICE OF THE CITY HALL — 501 PRIMROSE ROAD TEL: (650) 558-7204 CITY MANAGER BURLINGAME, CALIFORNIA 94010-3997 FAX: (650) 566-9282 September 25, 2020 Mr. James Lindsay, City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Lindsay: On behalf of our City Council, I am writing to see if your City might be interested in selling your PG&E Rule 20A credits to the City of Burlingame. Burlingame has a major deferred maintenance project on State Highway 82 (El Camino Real). A recent Caltrans estim ate to repair our stretch of El Camino Real is over $100 million. The City and Caltrans have been at an impasse over the repair and maintenance of El Camino Real for close to 40 years. That impasse was broken last year in an innovative negotiation between t he City and Caltrans. However, one of the de facto requirements of the compromise is that the City is responsible for undergrounding the overhead PG&E utility wires along El Camino Real. The estimated cost of $25 million is a huge price tag for a city of our size. The good news for us is that we have approximately $6 million in PG&E work credits in our Rule 20A account. PG&E provides these Rule 20A credits to cities and counties on an annual basis to use for undergrounding utilities. If a jurisdiction does not use them in a given year, then they are banked for future use. These credits can only be used to underground utilities. Based on the information provided by PG&E, your City has PG&E Rule 20A credits in your account, and we are interested in buying them. This is a time-sensitive request for two reasons – the first, obvious reason is that we have a major undergrounding project to pay for; but the second reason is that the CPUC is seriously considering forbidding jurisdictions from selling the credits to others and closing down the program. According to PG&E, your credits are valued at $3,956,198. We are prepared to offer you $989,050 in cash for these credits. We are making this offer to a number of cities and counties like yours that have credits. Once we have acquired sufficient credits, our offer will be withdrawn. If you have a major undergrounding project in the years ahead, of course you should hold onto these credits. But if you do not, and if you are willing to monetize them, then we would like to see if we can reach a deal. You can reach me at lgoldman@burlingame.org or 650- 558-7243 if you are interested in discussing this offer. Many thanks for your consideration. Lisa K. Goldman City Manager 60 Page 1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into the ___ day of ___, 2020 (Effective Date), by and between the City of Burlingame (BURLINGAME) and the City of Saratoga (SARATOGA). BURLINGAME and SARATOGA are sometimes individually referred to herein as “Party,” and collectively as “Parties.” RECITALS A. Electric Utilities collect and allocate credits to communities to convert overhead electric facilities to underground electric facilities. These credits are commonly referred to as Rule 20A Credits. The amount of said funds allocated by Pacific Gas and Electric Company (PG&E) to SARATOGA is hereafter referred to as the “CITY Allocation.” B. BURLINGAME has identified a need for additional RULE 20A Credits for the El Camino Real Underground Utility District (2019-1) and potential future Rule 20A projects. C. SARATOGA currently has no active undergrounding projects that could make use of the CITY Allocation. D. On ____ 2020, the BURLINGAME City Council authorized the BURLINGAME City Manager to enter into this MOU with SARATOGA to receive the transfer of Rule 20A Credits. E. On ______, 2020, the SARATOGA City Council authorized the SARATOGA City Manager to enter into this agreement with BURLINGAME for the transfer of accrued CITY Allocation to BURLINGAME. AGREEMENT NOW, THEREFORE, the Parties hereto agree as follows: 1. Assignment of Rights.SARATOGA agrees to assign, for use by BURLINGAME, its rights and interests in the CITY Allocation to BURLINGAME, and BURLINGAME agrees to acquire, for consideration, the CITY Allocation in accordance with the terms of this MOU. This MOU shall be subject to the approval of the Parties, and shall become effective on the date when both such approvals have been obtained (Effective Date). Notwithstanding the foregoing, if this MOU has not become effective as of December 31, 2020, then either Party may terminate this MOU with five (5) business days’ written notice to the other Party without incurring any liability, costs, or further obligations to the other party or any third party. 2. Term. BURLINGAME shall purchase the CITY Allocation once on the Effective Date of the agreement, at a purchase price of $0.30 per $1.00 of CITY Allocation Credits. 61 Page 2 3. Payment of Acquisition Price.Within thirty (30) business days of the Effective Date, BURLINGAME shall make the payment to SARATOGA in the amount of One Million Two Hundred Eight Thousand Three Hundred Twenty-nine Dollars and Eighty Cents ($1,208,329.80) for the purchase of Four Million Twenty-seven Thousand Seven Hundred Sixty-six Dollars ($4,027,766.00) in currently available CITY Allocation credits. The calculated payment amount of One Million Two Hundred Eight Thousand Three Hundred Twenty-nine Dollars and Eighty Cents ($1,208,329.80) shall be known as the “Acquisition Price.” Payment shall be made in immediately available funds via check or wire transfer to an account designated by SARATOGA. The Acquisition Price shall constitute full consideration for the transfer and assignment of the CITY Allocation. 4. Transfer and Assignment of City Allocation.Within five (5) business days of SARATOGA’s receipt of the Acquisition Price from BURLINGAME, SARATOGA shall deliver a written request to PG&E, with a copy to BURLINGAME, making a formal request to transfer and assign the CITY Allocation, for which payment was made at a rate of $0.30 for each $1.00 credit, to and for the benefit of BURLINGAME. SARATOGA shall cooperate in good faith with BURLINGAME to provide any additional documentation or information that is reasonably requested by PG&E to complete the transfer. In the event that PG&E is unable to complete the transfer, SARATOGA shall return Acquisition Price to BURLINGAME within ten (10) business days of PG&E’s notification to SARATOGA that it is unable to complete the transfer. 5. Representations.BURLINGAME acknowledges and agrees that it has conducted its own investigation as to the applicability and transferability of CITY Allocation for use in BURLINGAME projects. SARATOGA has not made any representation or warranty to BURLINGAME with respect to same. The actual use of CITY Allocation by BURLINGAME shall be subject to the rules and procedures adopted by PG&E, the California Public Utilities Commission, and such other conditions or requirements as are set forth in the Public Utilities Code. 6. Indemnification.BURLINGAME shall indemnify, defend (with counsel reasonably acceptable to SARATOGA), and hold harmless SARATOGA, its elected officials, officers, employees, agents, contractors, and attorneys, from and against any and all demands, claims, actions, causes of action, damages, losses, liabilities, or expenses of any nature whatsoever, including those for reasonable attorney’s fees, arising from the use of CITY Allocation in connection with the construction of any BURLINGAME project. BURLINGAME’S indemnification of SARATOGA from such claims and demands arising from the use of CITY Allocation shall apply regardless of the merit or outcome of any such claim or suit, and regardless of whether the nature of such claim or suit is administrative, judicial, or legislative. 7. Acknowledgement.BURLINGAME acknowledges that it has read Section 6, pertaining to BURLINGAME’S indemnification of SARATOGA, and fully understands its terms. BURLINGAME acknowledges, knows, and understands that it is signing the MOU freely and voluntarily. 62 Page 3 8. Termination for Breach.In the event that either Party is in breach of its obligations as set forth in this MOU, then the non-defaulting Party shall have the right to terminate this MOU on ten (10) business days’ written notice to the defaulting Party unless the default is cured within the notice period. Upon termination for breach, the non-defaulting Party may exercise any right or remedy which it may have under applicable law. If BURLINGAME has paid the Acquisition Price to SARATOGA and the CITY’s Allocation has not been transferred to BURLINGAME at the time that this MOU is terminated pursuant to this Section 8, SARATOGA will, within ten (10) business days of the termination, return that Acquisition Price to BURLINGAME . 9. Notices.All notices to be given pursuant to this MOU shall be delivered in person, by registered or certified U.S. mail (return receipt requested), or by commercial overnight delivery and shall be effective upon receipt. Notice may further be given by electronic means, provided, however, that such notice shall not be deemed effective unless it is acknowledged in writing by the recipient of such notice. All notices shall be sent and addressed to the representative of the Party that signs this MOU on behalf of the Party. 10. Headings.Headings used in this MOU are for reference purposes only and shall not be considered in construing this MOU. 11. Authority to Enter MOU.Each person executing this MOU on behalf of the Parties represents and warrants that he or she is duly authorized to execute and deliver this MOU on behalf of SARATOGA or BURLINGAME, and that this MOU is binding on SARATOGA and BURLINGAME in accordance with its terms and conditions. 12. Binding Effect.This MOU shall inure to the benefit of and be binding upon the Parties hereto and their representative heirs, successors, and assigns. 13. No Assignment. No Party shall assign or transfer, by operation of law or otherwise, any or all of its rights or obligations under this MOU without the prior written consent of the other Party and formal written modification. 14. No Third-Party Beneficiaries. Nothing contained in this MOU shall be construed to create any rights in third parties, and the Parties do not intend to create any such rights. 15. Modification.This MOU may be modified or amended only by a writing duly authorized and executed by SARATOGAand BURLINGAME. 16. Governing Law and Venue.This MOU shall be governed and construed in accordance with the laws of the State of California, and any action brought relating to this MOU shall be adjudicated in a court of competent jurisdiction in the County of San Mateo or Santa Clara unless transferred by court order pursuant to Code of Civil Procedure section 394. 63 Page 4 17. Compliance with Applicable Law. Each Party shall, at its own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal, state, county, or municipal, whether now in force or hereinafter enacted. 18. Waiver.A waiver by either Party of any breach of any term, covenant, or conditions contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character, unless specifically stated in writing. 19. No Party Deemed to be Draftsperson.The terms of this MOU shall be construed in accordance with the meaning of the language used, and shall not be construed for or against either Party by reason of the authorship of the MOU or any other rule of construction which might otherwise apply. 20. Severability.If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect. 21. Attorney’s Fees.In the event of any dispute or legal action arising under this MOU, the prevailing Party shall not be entitled to attorney’s fees. 22. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 23. Entire MOU.This MOU contains the entire agreement between BURLINGAME and SARATOGA relating to the services, rights, obligations, and covenants contained herein and assumed by the Parties respectively. Any prior or other agreements or representations between BURLINGAME and SARATOGA regarding those matters are null and void unless expressly set forth in this MOU. No oral understanding or agreement not incorporated in the MOU is binding on any of the Parties. IN WITNESS WHEREOF, BURLINGAME and SARATOGA have executed this Memorandum of Understanding effective on the date and year first herein above set forth. CITY OF BURLINGAME CITY OF SARATOGA 501 Primrose Road 13777 Fruitvale Avenue Burlingame, CA 94010 Saratoga, CA 95070 By: _________________________By: _________________________ Lisa K. Goldman James Lindsay City Manager City Manager Date: ________________________Date: ________________________ 64 Page 5 Attest: By: __________________________________________________ Meaghan Hassel-Shearer Debbie Bretschneider City Clerk City Clerk Approved as to form: By: _________________________By: _________________________ Kathleen Kane Richard Taylor City Attorney City Attorney 1297777.2 65 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO ACCEPT FUNDING FROM THE CITY OF BURLINGAME FOR PURCHASE OF SARATOGA’S RULE 20A CREDITS AND TO CLOSE OUT UNDERGROUNDING CIP PROJECTS WHEREAS, the Rule 20A Program was established by the California Public Utility Commission (CPUC) in 1967 with a goal to eliminate the concentration of overhead utility lines and wooden poles along major arterial streets, civic centers, and downtowns, and; WHEREAS, Rule 20A created “Credits” that could accumulate until enough were banked to finance an ungrounding project, and; WHEREAS since the Program’s inception the City has completed seven undergrounding projects including a project in the Village, and; WHEREAS, in 1998, the City began developing a Rule 20A project along Saratoga Ave from Fruitvale Ave. to Baroni Ct. (Undergrounding Project No. 8) with the intention to ultimately underground all wires and wooden poles along Saratoga Ave. from Fruitvale Ave to the Village (Heritage Lane) in subsequent phases, and; WHEREAS, PG&E went bankrupt in the early 2000s and during the pause of the Program, the City’s Undergrounding Project No. 8 expired, and; WHEREAS, early this year, Staff looked into re-establishing an undergrounding project along Saratoga Avenue and discussions with PG&E led to the determination the purchasing power of a credit had fallen to 16% of what the Credit was worth in 1998, leaving the City with insufficient credits accumulated for the project, and; WHEREAS, PG&E allows cities to transfer credits to other cities based on a mutual agreement, and; WHEREAS, On October 20, 2022, the City of Burlingame offered to purchase Saratoga’s 4,027,766 Rule 20A Credits for a payment of 30 cents per Credit ($1,208,329.80); and WHEREAS, given the diminishing value of Rule 20A Credits, the decades it takes to bank enough Credits to perform a project, PG&E’s potential new bankruptcy problems, and pending CPUC proceedings that may sunset the current Rule 20A Program for something different, the City Council authorizes the acceptance of Burlingame’s offer and directs that payment will be deposited into the unallocated Capital Improvement Reserve; and WHEREAS,the City has established a Rule 20A Undergrounding Project Capital Improvement Project and a Quito Road Undergrounding Project for fees collected from the original Quito Road Subdivision applicant for the future undergrounding of utilities on Quito Road near Twin Creeks Road, and; WHEREAS, as a consequence of transferring the City’s Rule 20A credits to Burlingame, and no undergrounding project intended for the near future, the City will close out the Rule 20A 66 Undergrounding Project CIP and the Quito Road Undergrounding CIP and refund the collected fees back to the applicant through the following budget adjustments: Account Description Account Number Increase Decrease To appropriate revenue from the transfer of Saratoga’s RULE 20A Credits to the City of Burlingame, for submittal into the Capital Improvement Reserve Rule 20A transfer payment 111.8101.46391 $1,208,329.80 Account Description Account Number Increase Decrease To eliminate the appropriated expenditure budget in the Quito Road Undergrounding CIP Project and appropriate a revenue refund payment Rule 20A refund community benefit fee 411.9171.002.46711 $98,744 Rule 20A expenditure 411.9171-002.81161 $98,744 NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga hereby: 1.Directs the City Manager to sign the Memorandum of Understanding proposed by the City of Burlingame on October 20, 2020 and to take all actions necessary to implement the MOU; 2.Approves the above budget adjustments and refund payment as described above. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21st day of October 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, CMC City Clerk 67 1299850.3 68 SARATOGA CITY COUNCIL MEETING DATE:October 21, 2020 DEPARTMENT:Public Works PREPARED BY:Emma Burkhalter, Assistant Engineer SUBJECT:Notice of Completion –Saratoga to Sanborn Trail Construction RECOMMENDED ACTION: 1.Move to accept the Saratoga to Sanborn Trail Construction contract as complete and authorize staff to record the Notice of Completion. 2.Approve the award of the early completion bonus in the amount of $150,000 to the contractor for completing the project by October 2, 2020. BACKGROUND: All work for the Saratoga to Sanborn Trail Construction has been completed by the City’s contractor,Mountain Bikers of Santa Cruz (MBOSC), and has been inspected and accepted by Public Works Staff on October 1, 2020. The scope of work of this project included the construction of approximately three miles of new trail and the installation and construction of four bridges.MBOSC also constructed an additional segment of new trail in Saratoga Quarry Park that will allow trail users to travel from the park entrance to the start of the Saratoga to Sanborn Trail on gentler slopes. On October 16, 2019, Council awarded a construction contract to MBOSC. In total, Council authorized $1,505,815 plus $225,000 contingency funds for a total of $1,730,815. Midpeninsula Regional Open Space District contributed Measure AA funds to the project, and the costs were shared at a rate of 50%.The construction contract with MBOSC included an incentive for early completion of the project through a bonus in the amount of $150,000 if work was completed by August 31, 2020. At the August 19, 2020 Council Meeting, the City Council authorized an amendment to the construction contract that extended the deadline for the early completion bonus to October 2, 2020 due to COVID-19 health orders that impacted the construction schedule. In order to close out the construction contract and begin the one-year maintenance / warranty period, it is recommended that Council accept the project as complete and authorize staff to 69 record the attached Notice of Completion for the construction contract so that the requisite 30- day stop notice for filing of claims by subcontractors or material providers may commence. ATTACHMENTS: Attachment A – Notice of Completion for the Saratoga to Sanborn Trail Construction Project 70 Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 21st day of October, 2020. Contract Number: N/A Contract Date: October 16, 2019 Contractor’s Name: Mountain Bikers of Santa Cruz Contractor’s Address: PO Box 331, Santa Cruz, CA 95061 Description of Work: Saratoga to Sanborn Trail Construction Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on October 21 st, 2020 CITY OF SARATOGA BY:____________________________ATTEST:____________________________ James Lindsay Debbie Bretschneider, City Clerk City Manager Gov. Code 40814 71