HomeMy WebLinkAbout06-16-2021 Council Agenda PacketSaratoga City Council Agenda – June 16, 2021 – Page 1 of 8
SARATOGA CITY COUNCIL
REGULAR MEETING
JUNE 16, 2021
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 Joint Meeting by:
1. Using the Zoom website https://us02web.zoom.us/j/87068991696 or App (Webinar ID
870 6899 1696) 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 (870 6899 1696),
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 Regular Session of the meeting by:
1. Using the Zoom website https://us02web.zoom.us/j/86520627053 or App (Webinar ID
865 2062 7053) 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 2062 7053),
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 (865 2062 7053) 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 and
calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (865 2062 7053),
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 – June 16, 2021 – Page 2 of 8
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:
1. Using the Zoom website https://us02web.zoom.us/j/87068991696 or App (Webinar ID
870 6899 1696) 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 (870 6899 1696),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor.
Joint Meeting with Santa Clara County Fire Department
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/86520627053 or App (Webinar ID
865 2062 7053) 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 2062 7053),
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 (865 2062 7053) 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 and
calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (865 2062 7053),
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 June 10, 2021.
REPORT FROM JOINT MEETING
Saratoga City Council Agenda – June 16, 2021 – Page 3 of 8
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council for up to three (3) minutes on matters
not on the Agenda. The law generally prohibits the City Council from discussing or taking action
on such items. However, the Council may instruct staff accordingly.
ANNOUNCEMENTS
CEREMONIAL ITEMS
Commendation for Deputy Fire Chief Julie Linney
Recommended Action:
Present the commendation to Deputy Fire Chief Julie Linney.
Commendation for Jonathan Choi
Recommended Action:
Commend Jonathan Choi for his service on the Saratoga Traffic Safety Commission.
Appointment of Heritage Preservation Commissioner
Recommended Action:
Approve the resolution appointing one member to the Heritage Preservation Commission
and direct the City Clerk to administer the Oath of Office.
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on June 2, 2021.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
06/02/21 Period 12; 06/08/21 Period 12
1.3. Fiscal Year 2021/22 Operating & Capital Budget Adoption
Recommended Action:
Adopt resolution approving the Proposed FY 2021/22 Operating and Capital Budget,
directing staff to incorporate within the final adopted budget any modifications related to
late-breaking changes, minor corrections, carryforward appropriations, refined estimates,
grant approvals, claim reimbursements, pass-through appropriations, or additional direction
from Council upon adoption of the budget.
Saratoga City Council Agenda – June 16, 2021 – Page 4 of 8
1.4. Resolution to Establish Property Tax Levy for Debt Service Payments on the
Arrowhead Community Facility District 2018 Bond
Recommended Action:
Adopt the attached resolution that sets the property tax levy rate for the Arrowhead
Community Facility District’s 2018 Bond's debt service payment at $6,000 per parcel for
the remaining nineteen (19) participating property owners.
1.5. Fiscal Year 2021/22 Gann Appropriation Limit
Recommended Action:
Review report and adopt resolution approving the Gann Appropriation Limit for FY
2021/22.
1.6. Annual Approval of the City’s Investment Policy for Fiscal Year 2021/22
Recommended Action:
Review and approve the Investment Policy for Fiscal Year 2021/22.
1.7. Resolution to Establish Property Tax Levy for Debt Service Payments on the Library
General Obligation Bonds
Recommended Action:
Adopt the attached resolution to establish the property tax levy rate to provide for the
Library General Obligation Bond's debt service payment at $.0044 per $100 of Assessed
Valuation.
1.8. One Year Contract for Saratoga to Sanborn Trail Maintenance – Santa Cruz
Mountains Trail Stewardship (SCMTS) in the amount of $45,000
Recommended Action:
Approve a one-year contract for Saratoga to Sanborn Trail Maintenance with Santa Cruz
Mountains Trail Stewardship (SCMTS) in the amount not to exceed $45,000 and authorize
the City Manager to execute the same.
1.9. Los Gatos-Saratoga Community Education and Recreation Lease
Recommended Action:
Authorize the City Manager to execute a new lease agreement with Los Gatos-Saratoga
Community Education and Recreation (LGS Recreation).
2. PUBLIC HEARING
Items placed under this section of the Agenda are those defined by law as requiring a
special notice and/or a public hearing or those called by the City Council on its own
volition. Members of the public may comment on any item for up to three (3) minutes. The
amount of time for public comment may be reduced by the Mayor or by action of the City
Council. Items requested for continuance are subject to the City Council's approval at the
Council Meeting.
2.1. Weed and Brush Abatement Program Public Nuisance Declaration & Abatement
Order
Recommended Action:
Adopt the attached resolution declaring properties listed in the resolution to be a public
nuisance, order abatement of the public nuisance, and authorize the Santa Clara County
Weed Abatement program to remove hazardous vegetation from these properties.
Saratoga City Council Agenda – June 16, 2021 – Page 5 of 8
2.2. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of
Engineer’s Report, and Confirmation of Assessments for FY 21-22
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 21-22.
3. GENERAL BUSINESS
3.1. Waiver Request for Theater Rental Fees
Recommended Action:
Consider recommendation from the Finance Committee to waive Civic Theater rental fees
for an estimated amount of $30,000 for West Valley Light Opera and South Bay Musical
Theater Company in Fiscal Year 2021/22 and apply ticket surcharge fees to the operating
budget.
3.2. Heritage Tree Designation – Application No. HPC21-0004
Recommended Action:
Adopt the attached resolution designating the incense cedar located at 20715 Reid Lane as a
Heritage Tree.
3.3. Accept the Final Text and Location of Five Point of Interest Markers
Recommended Action:
Adopt the resolutions accepting the final text, marker design and location of five Point of
Interest Markers and authorizing and directing the Director of Community Development and
the Director of Public Works to proceed with contracting for the manufacturing and
installation of the markers.
3.4. Remote Public Participation Policy
Recommended Action:
Approve the resolution establishing a Remote Public Participation Policy.
3.5. Meeting Recording Policy
Recommended Action:
Approve the resolution establishing a Meeting Recording Policy.
3.6. Resolution Establishing a Public Art Commission
Recommended Action:
Approve the resolution establishing a Public Art Commission and direct staff to place
pending public art projects on future City Council agendas for consideration.
3.7. Public Art Policy
Recommended Action:
Approve the resolution establishing a new Public Art Policy.
3.8. Community Event Grant Funding Reallocation Request for Saratoga Area Senior
Coordinating Council (SASCC)
Recommended Action:
Consider the request from the Saratoga Area Senior Coordinating Council (SASCC) to
Saratoga City Council Agenda – June 16, 2021 – Page 6 of 8
reallocate $5,000 from the Fiscal Year 2020/21 Secured Funding Community Event Grant
Program to support SASCC’s general operations.
COUNCIL ASSIGNMENTS
Mayor Yan Zhao
Association of Bay Area Governments
Cities Association of Santa Clara County-City Selection Committee
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County
Council Finance Committee
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
West Valley Mayors & Managers
West Valley Sanitation District
Vice Mayor Tina Walia
Council Finance Committee
KSAR Community Access TV Board
Saratoga Area Senior Coordinating Council (SASCC)
Silicon Valley Clean Energy Authority Board of Directors
Saratoga Ministerial Association
Council Member Rishi Kumar
Santa Clara County Library Joint Powers Authority
Santa Clara Valley Water District Commission
West Valley Clean Water Program Authority
West Valley Solid Waste Management Joint Powers Authority
Council Member Kookie Fitzsimmons
Chamber of Commerce
Hakone Foundation Board
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Public Art Committee
Sister City Organization
Council Member Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee
Santa Clara/Santa Cruz Airport/Community Roundtable
Saratoga Public Art Committee
Saratoga Historical Foundation
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
CITY MANAGER'S REPORT
ADJOURNMENT
Saratoga City Council Agenda – June 16, 2021 – Page 7 of 8
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 June 10, 2021
at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website
at www.saratoga.ca.us.
Signed this 10th day of June 2021 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]
06/16 6:00 p.m. Joint Meeting with Santa Clara County Fire | 7:00 p.m. Regular Session
07/07 5:00 p.m. Closed Session | 6:00 p.m. Study Session on E-Communications Policy | 7:00 p.m. Regular
Session
07/21
5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Hakone Board | 7:00 p.m. Regular Session
08/04 Tentative -No Meeting - Recess
08/18
08/31
Tentative -No Meeting - Recess
6:00 p.m. Joint Study Session with Planning Commission on Housing Element
09/01 5:00 p.m. Commission Interviews – Library& Community Engagement Commission & Parks &
Recreation Commission | 6:00 p.m. Joint Meeting with TBD | 7:00 p.m. Regular Session
09/15 5:00 p.m. Study Session on Rules of Parliamentary Procedure | 6:00 p.m. Joint Meeting with Youth
Commission | 7:00 p.m. Regular Session
10/06
5:00 p.m. Joint Meeting with Mountain Winery | 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00
p.m. Regular Session
10/20 5:00 p.m. Joint Meeting with Historical Foundation | 6:00 p.m. Joint Meeting with West Valley –
Mission Community College District Board of Trustees | 7:00 p.m. Regular Session
11/03 5:30 p.m. Joint Meeting with Saratoga Schools | 7:00 p.m. Regular Session
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2021
Saratoga City Council Agenda – June 16, 2021 – Page 8 of 8
11/17 5:00 p.m. Joint Meeting with Los Gatos Saratoga Recreation | 6:00 p.m. Joint Meeting with State
Senator Dave Cortese | 7:00 p.m. Regular Session
12/01 5:00 p.m. Commission Interviews – Heritage Preservation Commission & Traffic Safety Commission
| 6:00 p.m. Joint Meeting with Assembly Member Low | 7:00 p.m. City Council Reorganization |
Regular Session
12/15 6:00 p.m. Study Session on City Council Norms | 7:00 p.m. Regular Session
City Council
Joint Meeting
Dinner will be provided at the Joint Meeting. The City Council Regular Session
begins at 7:00 p.m. in the Civic Theater. Joint Meeting attendees are invited to
share an overview of the Joint Meeting during the Regular Session.
JOINT MEETING WITH
SANTA CLARA COUNTY FIRE DEPARTMENT
June 16, 2021
6:00 p.m. –6:50 p.m.
Virtual Meeting
General Public Zoom Access:
https://us02web.zoom.us/j/87068991696
Webinar ID: 870 6899 1696
Or Dial: 1.408.638.0968 or 1.669.900.6833 and enter Webinar ID
(City Council, Fire Chief staff, and City staff will receive separate access information)
Discussion Topics
Introductions
Fire Prevention Updates
Other Remarks & Wrap Up
7
City of Saratoga Update
June 16, 2021
8
Santa Clara County Fire
Department provides
regionalized emergency
services and support to the
largest county in Northern CA.
OUR MISSION
9
City of Saratoga
Fire Stations
•Saratoga Station (73)
•West Valley Station (79)
Unique hazards
•Wildland interface
•Highway 9
•Residential care / skilled nursing facilities
•West Valley College
Served by two fire districts
10
11
12
13
14
2020 ACCOMPLISHMENTS
Prevention
•Wildfire Preparedness Community Meetings
•Ready, Set, Go
•Stuart Ridge Fuel Break
Technology
•Mobile Operations Satellite Emergency Systems (MOSES) units
•ALERT Wildfire Cameras
•AlertSCC and Wireless Emergency Alert (WEA)
Response
•Mutual Aid -Wildland Task Force
•South Bay Incident Management Team (SBIMT)
15
16
CFAI ACCREDITED AGENCY
2020/21 CFAI Reaccreditation
•Community Risk Assessment
•Self-Assessment Manual
•Strategic Planning
•Standards of Cover
17
CAPITAL IMPROVEMENTS
Apparatus
•2018
•Six Type 3 (wildland) Engines
•2019
•Five Type 1 Engines
•2020
•One Hazardous Materials Unit
•One Tiller Truck
•Quito Fire Station
18
2020 COMMUNITY EDUCATION
•In-Person Classes
•All classes cancelled due to COVID-19
•Adapting our Outreach
•Ongoing hybrid CPR/AED training
•Online courses
•Preparing for Medical Emergencies
•Crime Prevention & Home Fire Safety
•Fall Prevention
•Emergency Preparedness
19
2021 GOALS
Preparedness
•City/Town Partnerships
•Community Outreach
•Santa Clara County Operational Area
Planning
•2020-2022 Strategic Plan
•Pre-Fire management and wildfire resilience Battalion Chief Program Manager
Resilience
•Replacement of an aging fire stations
•Headquarters facility relocation
20
Questions?
Brian Glass
Acting Fire Chief
Santa Clara County Fire Department
408.378.4010
info@sccfd.org
21
CITY OF SARATOGA
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Debbie Bretschneider, CMC, City Clerk
Date: June 16, 2021
Subject: Written Communications on Oral Communications on Non-Agendized
Items
These Written Communications from the public on Oral Communications on Non-
Agendized Items were received after the June 16, 2021 City Council meeting agenda
was published.
22
Dear City Council Members,
My name is Glenda Aune. I have lived on Pierce Road in Saratoga for over 35 years.
I am again asking the City to limit development in our beautiful hillsides.
The survey for the Housing Element Priorities includes “limiting growth in hillsides and areas at risk for
wildfire” as one of the options to prioritize for the future development of Saratoga. When I read this, I just
wanted to cry. Why is this on a survey that will be filled out by lots of people who may not understand or care
about how fragile our hillsides are? What if the majority of the people who fill out the survey don’t think this is
a priority? What will the City do?
Our hillsides are in a wildfire area and potential risk to life is real.
Last year, the residents in our hillsides were on wildfire evacuation alert for weeks. I packed my dearest
memories in boxes that my husband and I could quickly carry to our car if we were evacuated. These boxes
remained next to our front door for a couple of months. I hope that we do not have to do this again this year,
but we may. And, I hope and pray every day that we will never actually be evacuated or have to return to a
home destroyed by wildfire.
I understand from the Housing Element Needs Allocation video that the wildfire area was taken into account
when the housing quotas were allocated. If this is true, why would we allow additional development in these
protected areas?
An article on the front page of the Mercury News last Thursday, June 10, stated that there is now a push across
the state following the “deadly, record breaking fires since 2017” for communities to adopt housing policies that
discourage development in wildfire areas because the wildfire season is getting longer which is increasing risks
and the cost for insuring and rebuilding homes is going up. The article referenced a study by Berkley
Researchers who considered different approaches to development in the wildfire areas. The study showed that
“clustered, defensible housing in high-risk areas offers the most potential for economic growth but also placed
people in harm’s way.” The researchers concluded that “reducing density should be a primary goal.” We need
to wake up and take this seriously.
I love our hillsides. And I love the wildlife that share our beautiful hillsides with us – deer, wild turkeys, foxes,
bobcats, squirrels, raccoons, opossums, skunks, coyotes, rabbits, hawks, owls, and birds of all kinds. Different
animals come by my house almost every day. I even have two videos captured since last October (2020) of a
mountain lion walking around my house. I don’t want coyotes and I certainly don’t want mountain lions in my
yard. But, they share their space with us. And, I want to protect this land for them and for all of us.
I urge you to go to the hillsides and look around and enjoy the beauty. Take a few photos. If we don’t stop the
development - including all the fences - this will all be gone in twenty years. And we will never get it back.
I am asking you to please limit development in our hillsides. They are fragile, more fragile than we think.
Thank you.
23
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT:Commendation for Deputy Fire Chief Julie Linney
RECOMMENDED ACTION:
Present the commendation to Deputy Fire Chief Julie Linney.
BACKGROUND:
Deputy Fire Chief Julie Linney is retiring after over 26 years of service with the Santa Clara
County Fire Department. Deputy Chief Linney served as Fire Department’s liaison to the City of
Saratoga for the last three years and participated in local wildfire preparedness efforts initiated
by the City of Saratoga, as well as managing the Fire Department’s Wildland Urban Interface
(WUI) Defensible Space Program.
ATTACHMENTS:
Attachment A –Commendation for Deputy Fire Chief Julie Linney
24
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
DEPUTY FIRE CHIEF JULIE LINNEY
WHEREAS, Deputy Fire Chief Julie Linney is retiring after over 26 years of service with
the Santa Clara County Fire Department; and
WHEREAS,Deputy Chief Julie Linney began her career as a Fire Prevention Officer with
Half Moon Bay Fire Protection District in 1992 and joined the Santa Clara County Fire
Department in 1995 as a Deputy Fire Marshal, in 2006 was promoted to Senior Deputy Fire
Marshal, and on August 27, 2018 was promoted to Deputy Fire Chief; and
WHEREAS,Deputy Chief Linney was instrumental in developing several programs that
improved the quality and efficiency of the Fire Prevention Division, including the brush
abatement program, the self-inspection program, and the records management system; and
WHEREAS, Deputy Chief Linney was involved in improving two essential units that
recently moved under the Fire Prevention Division: Community Education and Risk Reduction
Services (CERRS) and the Fire Investigation Unit; and
WHEREAS,Deputy Chief Linney served as Fire Department’s liaison to the City of
Saratoga for the last three years and participated in local wildfire preparedness efforts initiated by
the City of Saratoga, as well as managing the Fire Department’s Wildland Urban Interface (WUI)
Defensible Space Program; and
WHEREAS,Deputy Fire Chief Julie Linney is known for her positive energy, her
ability as a supervisor, and the ability to adapt and revitalize programs and processes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does
hereby recognize Deputy Fire Chief Julie Linney for her many years of service and dedication to
the Santa Clara County Fire Department and the City of Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 16th day of
June 2021.
Yan Zhao, Mayor
City of Saratoga
25
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:Commendation for Jonathan Choi
RECOMMENDED ACTION:
Commend Jonathan Choi for his service on the Saratoga Traffic Safety Commission.
BACKGROUND:
Jonathan Choi served on the Traffic Safety Commission from March 31, 2016 to April 1, 2021.
Jonathan was the Chair in 2019 and worked to improve the Traffic Safety Commission meeting
process and governance and to improve outreach and communication for items requiring
neighborhood and community input, such as Safe Routes to School efforts.
ATTACHMENTS:
Attachment A -Commendation for Jonathan Choi
26
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
JONATHAN CHOI
FOR HIS SERVICE ON THE SARATOGA TRAFFIC SAFETY COMMISSION
WHEREAS,Jonathan Choi served as a City of Saratoga Traffic Safety Commissioner from
March 31, 2016 to April 1, 2021 and evaluated and made recommendations on 141 traffic safety
concerns for the Saratoga community, improving the traffic safety and quality of life of his
community members; and
WHEREAS,during his five years of volunteer service, Jonathan and the Traffic Safety
Commission approved many traffic calming recommendations, such as flashing crosswalks at
Quito/McCoy, Cox/Cumberland, and Herriman/Lexington locations and approved comprehensive
traffic safety plans for various neighborhoods in Saratoga, including Sobey Road, Glen Brae Drive,
and Quito Road; and
WHEREAS,Jonathan and the Traffic Safety Commission worked for the City Council on
several projects including the Public Safety Plan, the Circulation Element, and the adoption of the
Saratoga Speed Survey; and
WHEREAS,Jonathan and the Traffic Safety Commission participated in many extra
meetings to establish the City’s Safe Routes to Schools program; and
WHEREAS, Jonathan and the Traffic Safety Commission helped make bicycling safer in
Saratoga by approving projects such as the Big Basin Sharrows, the Allendale Avenue Bike lines,
and the Saratoga Avenue Bike Lane Plan; and
WHEREAS,Jonathan served as Chair of the Traffic Safety Commission in 2019 and
worked to improve the Traffic Safety Commission meeting process and governance and to improve
outreach and communication for items requiring neighborhood and community input, such as Safe
Routes to School efforts; and
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga does
hereby extend its sincere appreciation and gratitude to Jonathan Choi for his dedicated service and
contributions to the City of Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16th day of
June 2021.
Yan Zhao, Mayor
City of Saratoga
27
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT:Appointment of Heritage Preservation Commissioner
RECOMMENDED ACTION:
Approve the resolution appointing one member to the Heritage Preservation Commission and
direct the City Clerk to administer the Oath of Office.
BACKGROUND:
In April 2021, the City opened a recruitment for one partial term on the Heritage Preservation
Commission for term ending on December 31, 2023. A total of 1 applicant was interviewed on
June 2, 2021.
The City Council selected the following applicant to serve on the Commission:
Name Commission Term
Sharon Bender
Heritage Preservation
Commission June 16, 2021 to December 31, 2023
ATTACHMENTS:
Attachment A –Resolution of Appointment
Attachment B –Oath of Office
28
RESOLUTION NO. 21-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING MEMBER TO THE SARATOGA HERITAGE PRESERVATION
COMMISSION
WHEREAS, one partial term vacancy was created on the Heritage Preservation Commission by
the resignation of John Fitzpatrick;
WHEREAS, the City announced the vacancy in January 2021, accepted applications until April
14, 2021, and conducted the interviews on April 21, 2021, but did not select a commissioner for the partial
term;
WHEREAS, the City again announced the vacancy in April 2021, accepted applications until May
19, 2021, and conducted the interview on June 2, 2021;
NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following
individual is appointed to the following partial term:
Name Commission Term
Sharon Bender Heritage Preservation Commission June 16, 2021 to December 31, 2023
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16
th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
Attest:
Debbie Bretschneider, CMC, City Clerk
29
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Sharon Bender, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance
to the Constitution of the United States and the Constitution of the State of
California; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Sharon Bender, Member
Heritage Preservation Commission
Subscribed and sworn to before me on
this 16th day of June 2021.
Debbie Bretschneider, CMC
City Clerk of Saratoga
30
CITY OF SARATOGA
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Debbie Bretschneider, CMC, City Clerk
Date: June 16, 2021
Subject: Appointment of Heritage Preservation Commissioner
The City Clerk discovered after the June 16, 2021 City Council meeting agenda was
published that the name of the appointee to the Heritage Preservation Commission was
incorrect. The attached Resolution and Oath of Office have the correct name.
31
RESOLUTION NO. 21-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING MEMBER TO THE SARATOGA HERITAGE PRESERVATION
COMMISSION
WHEREAS, one partial term vacancy was created on the Heritage Preservation Commission by
the resignation of John Fitzpatrick;
WHEREAS, the City announced the vacancy in January 2021, accepted applications until April
14, 2021, and conducted the interviews on April 21, 2021, but did not select a commissioner for the partial
term;
WHEREAS, the City again announced the vacancy in April 2021, accepted applications until May
19, 2021, and conducted the interview on June 2, 2021;
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following
individual is appointed to the following partial term :
Name Commission Term
Sharon Boyce-Bender Heritage Preservation Commission June 16, 2021 to December 31, 2023
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Yan Zhao, Mayor
Attest:
Debbie Bretschneider, CMC, City Clerk
32
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Sharon Boyce-Bender, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States and the Constitution of the State of
California against all enemies, foreign and domestic; that I will bear true faith and
allegiance to the Constitution of the United States and the Constitution of the State
of California; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Sharon Boyce-Bender, Member
Heritage Preservation Commission
Subscribed and sworn to before me on
this 16th day of June 2021.
Debbie Bretschneider, CMC
City Clerk of Saratoga
33
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
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 June 2,2021.
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 June 2, 2021
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Saratoga City Council Minutes ~ June 2, 2021 ~ Page 1 of 10
MINUTES
WEDNESDAY, JUNE 2, 2021
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:15 p.m., the City Council held Commissioner interviews via teleconferencing through
Zoom.
WALIA/FITZSIMMONS MOVED TO APPOINT SHARON BENDER TO HERITAGE
PRESERVATION COMMISSION FOR A PARTIAL-TERM ENDING DECEMBER 31,
2023. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
WALIA/FITZSIMMONS MOVED TO APPOINT BERNARD GUTNICK TO TRAFFIC
SAFTEY COMMISSION FOR A PARTIAL-TERM ENDING DECEMBER 31, 2023.
MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
BERNALD/FITZSIMMONS ADJOURN THE MEETING AT 5:42 P.M.MOTION PASSED
BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES:
NONE. ABSTAIN: NONE. ABSENT: KUMAR.
At 6:00 p.m., the City Council held a Joint Meeting with the Saratoga Neighborhoods and
Neighborhood Watch via teleconferencing through Zoom.
Debbie Pedro, Community Development Director, presented a report on the Housing Element
Update process.
Santa Clara County Sheriff Captain Rich Urena presented a report on crime trends in Saratoga.
Mayor Zhao invited public comment on these items.
Dory Albert spoke about Gardiner Park area and crime.
Daniel Onn spoke about how shrubbery around homes can be an issue and parked “for sale” cars
on Saratoga Ave. can be a problem.
Jim Stallman spoke about Sheriff Office receiving notifications from privately owned automated
license plate reader cameras.
Gurjeet Saund asked about net value of theft from Saratogans.
Divya Puri asked about the long-term plan for lowering crime in Saratoga.
No one else requested to speak.
35
Saratoga City Council Minutes ~ June 2, 2021 ~ Page 2 of 10
Mayor Zhao called the virtual Regular Session to order at 7:02 p.m. via teleconferencing through
Zoom. Mayor Zhao called for a moment of silence in memory of the victims of the VTA transit
facility.
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 Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi
Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald
(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
Debbie Pedro, Community Development Director
John Cherbone, Public Works Director
Dennis Jaw, Finance Manager
Lauren Pettipiece, Public Information Officer
Kayla Nakamoto, Administrative Analyst
Emma Burkhalter, Associate Civil Engineer
(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.
REPORT ON POSTING OF THE AGENDA
City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted
on May 27, 2021.
REPORT ON JOINT MEETING
Mayor Zhao reported that the City Council held a Joint Meeting with the Saratoga
Neighborhoods and Neighborhood Watch.
36
Saratoga City Council Minutes ~ June 2, 2021 ~ Page 3 of 10
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
ANNOUNCEMENTS
Mayor Zhao shared information about COVID-19 updates, the Housing Element Community
meetings, Saratoga Power Lunch, Drive Through Safety Fair, Youth in Government, and
#Saratoga Together Business Grants.
CEREMONIAL ITEMS
Commendations Recognizing Outgoing Youth Commissioners
Recommended Action:
Receive presentation on efforts of the Youth Commission during the 2020/21 school year and
present commendations to outgoing Commissioners Nicita Raamkumar, Nivi Madhan, Carolyn
Wang, Alex Zhai, and Michelle Liu recognizing their service on the Saratoga Youth
Commission.
Mayor Zhao and Council Members received a presentation from the Youth Commission, thanked
the Youth Commissioners for their service, and presented commendations to outgoing
Commissioners Nicita Raamkumar, Nivi Madhan, Carolyn Wang, Alex Zhai, and Michelle Liu.
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on May 19, 2021.
FITZSIMMONS/BERNALD MOVED TO APPROVE THE CITY COUNCIL
MINUTES OF THE REGULAR CITY COUNCIL MEETING ON MAY 19, 2021.
MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. 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:
05/18//21 Period 11; 05/19//21 Period 11; 05/26/2021 Period 11:
FITZSIMMONS/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 05/18//21 PERIOD 11;
05/19//21 PERIOD 11; 05/26/2021 PERIOD 11.MOTION PASSED BY VERBAL ROLL
CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended April 30, 2021
Recommended Action:
Review and accept the Treasurer’s Report for the month ended April 30, 2021.
37
Saratoga City Council Minutes ~ June 2, 2021 ~ Page 4 of 10
FITZSIMMONS/BERNALD MOVED TO ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED APRIL 30, 2021. MOTION PASSED BY VERBAL ROLL
CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.4. Resolution to adopt a list of projects funded by SB 1 for FY 2021-22: The Road
Repair and Accountability Act for funding the Annual Roadway Improvements Project
Recommended Action:
Adopt Resolution to adopt a list of projects funded by SB 1 for FY 2021-22: The Road
Repair and Accountability Act for funding the Annual Roadway Improvements Project.
Council Member Bernald removed this item for discussion.
Mayor Zhao invited public comment on the item.
No one requested to speak.
RESOLUTION 21-036
BERNALD/ZHAO MOVED TO ADOPT THE REVISED RESOLUTION WITH THE
FOLLOWING TEXT REMOVED: “WHEREAS, THE 2020 CALIFORNIA
STATEWIDE LOCAL STREETS AND ROADS NEEDS ASSESSMENT FOUND
THAT THE CITY OF SARATOGA’S STREETS AND ROADS ARE IN AN “GOOD”
CONDITION AND THIS REVENUE WILL HELP US INCREASE THE OVERALL
QUALITY OF OUR ROAD SYSTEM AND OVER THE NEXT DECADE WILL
BRING OUR STREETS AND ROADS INTO A “EXCELLENT” CONDITION;”
AND TO ADOPT A LIST OF PROJECTS FUNDED BY SB 1 FOR FY 2021-22: THE
ROAD REPAIR AND ACCOUNTABILITY ACT FOR FUNDING THE ANNUAL
ROADWAY IMPROVEMENTS PROJECT. MOTION PASSED BY VERBAL ROLL
CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.5. Amendment to Extend Design Contract with Bellecci & Associates for the Village to
Quarry Park Phase I Project
Recommended Action:
Move to accept an amendment to extend the design contract with Bellecci & Associates for
the Village to Quarry Park Phase I Project from July 1, 2021 to June 30, 2023.
FITZSIMMONS/BERNALD MOVED TO ACCEPT AN AMENDMENT TO EXTEND
THE DESIGN CONTRACT WITH BELLECCI & ASSOCIATES FOR THE
VILLAGE TO QUARRY PARK PHASE I PROJECT FROM JULY 1, 2021 TO
JUNE 30, 2023. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO,
WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
1.6. Two-Year Contract with North Bay Building Maintenance Services, Inc. (NBBM) for
Restroom Facilities Services in the amount of $92,505.60
Recommended Action:
Approve a two-year Contract for restroom facilities services with North Bay Building
38
Saratoga City Council Minutes ~ June 2, 2021 ~ Page 5 of 10
Maintenance Services, Inc. (NBBM) in the amount not to exceed $92,505.60 and authorize
the City Manager to execute the same.
FITZSIMMONS/BERNALD MOVED TO APPROVE A TWO-YEAR CONTRACT
FOR RESTROOM FACILITIES SERVICES WITH NORTH BAY BUILDING
MAINTENANCE SERVICES, INC. (NBBM) IN THE AMOUNT NOT TO EXCEED
$92,505.60 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME.
MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.7. One-Year Contract for Annual Tree Maintenance Services – Ian Geddes Tree Care,
Inc. in the amount not to exceed $160,500.
Recommended Action:
Approve a one-year contract for annual tree maintenance services with Ian Geddes Tree
Care, Inc. in the amount not to exceed $160,500 and authorize the City Manager to execute
the same.
FITZSIMMONS/BERNALD MOVED TO APPROVE A ONE-YEAR CONTRACT
FOR ANNUAL TREE MAINTENANCE SERVICES WITH IAN GEDDES TREE
CARE, INC. IN THE AMOUNT NOT TO EXCEED $160,500 AND AUTHORIZE
THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED BY
VERBAL ROLL CALL. AYES: ZHAO, KUMAR, FITZSIMMONS, BERNALD. NOES:
NONE. ABSTAIN: WALIA. ABSENT: NONE.
1.8. One-Year Contract for Annual Tree Maintenance Services – Oscar’s Expert Tree Care
Services in the amount not to exceed $200,000
Recommended Action:
Approve a one-year contract for annual tree maintenance services with Oscar’s Expert Tree
Care Services in the amount not to exceed $200,000 and authorize the City Manager to
execute the same.
FITZSIMMONS/BERNALD MOVED TO APPROVE A ONE-YEAR CONTRACT
FOR ANNUAL TREE MAINTENANCE SERVICES WITH OSCAR’S EXPERT
TREE CARE SERVICES IN THE AMOUNT NOT TO EXCEED $200,000 AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION
PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
2.PUBLIC HEARING
2.1. Proposed Fiscal Year 2021/22 Operating & Capital Budget Hearing
Recommended Action:
Conduct a public hearing on the Proposed FY 2021/22 Operating & Capital Budgets and
provide direction to staff for budget adoption on June 16, 2021.
Mary Furey, Administrative Services Director, presented the staff report on the Operating
Budget.
Dennis Jaw, Finance Manager, presented on the Capital Budget.
39
Saratoga City Council Minutes ~ June 2, 2021 ~ Page 6 of 10
Mayor Zhao opened the public hearing.
Mayor Zhao invited public comment on the item.
No one requested to speak.
Mayor Zhao closed the public hearing.
WALIA/BERNALD MOVED TO ACCEPT THE PROPOSED FY 2021/22
OPERATING & CAPITAL BUDGETS FOR FINAL ADOPTION ON THE JUNE 16,
2021 COUNCIL MEETING.MOTION PASSED BY VERBAL ROLL CALL. AYES:
ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
Mayor Zhao requested a recess at 8:41 p.m. and resumed the meeting at 9:00 p.m.
3.GENERAL BUSINESS
3.1. Housing Element Engagement Update
Recommended Action:
Receive report and provide staff with feedback on outreach and engagement strategy.
Lauren Pettipiece, Public Information Officer, presented the staff report.
Mayor Zhao invited public comment on the item.
Jeffrey Schwartz spoke
No one else requested to speak.
KUMAR/WALIA MOVED TO RECEIVE THE REPORT ON THE HOUSING
ELEMENT ENGAGEMENT UPDATE. MOTION PASSED BY VERBAL ROLL
CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
3.2. Authorize An Agreement With Urban Planning Partners In The Amount of $481,981
For The Housing Element Update Project and General Plan Amendment EIR
Recommended Action:
Authorize the City Manager to execute an agreement with Urban Planning Partners, Inc.
(UPP) for the 2023-2031 Housing Element Update and General Plan Amendment
Environmental Impact Report in an amount not to exceed $481,981.
Debbie Pedro, Community Development Director
Mayor Zhao invited public comment on the item.
No one requested to speak.
WALIA/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH URBAN PLANNING PARTNERS, INC. (UPP)
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Saratoga City Council Minutes ~ June 2, 2021 ~ Page 7 of 10
FOR THE 2023-2031 HOUSING ELEMENT UPDATE AND GENERAL PLAN
AMENDMENT ENVIRONMENTAL IMPACT REPORT IN AN AMOUNT NOT TO
EXCEED $481,981. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO,
WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
3.3. Remote Participation Option and Meeting Recordings
Recommended Action:
Consider whether to direct staff to place policies on remote public participation in meetings
and meeting recordings on the agenda at the next City Council Regular Meeting for
adoption.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
Jeffrey Schwartz spoke
Ken Czworniak spoke
Mohini Balakrishnan spoke
Litsung Chen spoke
No one else requested to speak.
WALIA/BERNALD MOVED TO DIRECT STAFF TO PLACE ON A FUTURE
AGENDA A POLICY ON REMOTE MEETING PARTICIPATION POLICY FOR
CITY COUNCIL, COUNCIL COMMITTEE, AND COMMISSION MEETINGS IN
THE LINDA CALLON CONFERENCE ROOM AND CIVIC THEATER AND
PURSUE THE TECHNOLOGY IMPROVEMENTS NEEDED TO HAVE VIRTUAL
PUBLIC PARTICIPATION.MOTION PASSED BY VERBAL ROLL CALL. AYES:
ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
WALIA/FITZSIMMONS MOVED TO DIRECT STAFF TO PLACE ON A FUTURE
AGENDA A MEETING RECORDING POLICY FOR RECORDING ALL CITY
COUNCIL REGULAR AND SPECIAL MEETINGS, EXCLUDING COMMISSION
INTERVIEWS, CLOSED SESSIONS, AND SITE VISITS; AND, ALL PLANNING
COMMISSION REGULAR AND SPECIAL MEETINGS, EXCLUDING SITE
VISITS.
BERNALD MOVED TO DIRECT STAFF TO PLACE ON A FUTURE AGENDA A
MEETING RECORDING POLICY FOR RECORDING CITY COUNCIL
REGULAR MEETINGS, CITY COUNCIL STUDY SESSIONS, CITY COUNCIL
JOINT MEETINGS WITH THE PLANNING COMMISSION, PLANNING
COMMISSION REGULAR MEETINGS, AND PLANNING COMMISSION STUDY
SESSIONS.
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Saratoga City Council Minutes ~ June 2, 2021 ~ Page 8 of 10
WALIA/FITZSIMMONS MOVED TO AMEND THE PREVIOUS MOTION TO
DIRECT STAFF TO PLACE ON A FUTURE AGENDA A MEETING RECORDING
POLICY FOR RECORDING ALL CITY COUNCIL REGULAR MEETINGS; CITY
COUNCIL STUDY SESSIONS, EXCLUDING COMMISSION INTERVIEWS,
CLOSED SESSION, JOINT MEETINGS, AND SITE VISITS; CITY COUNCIL
JOINT MEETINGS WITH THE PLANNING COMMISSION; PLANNING
COMMISSION REGULAR MEETINGS; AND, PLANNING COMMISSION STUDY
SESSIONS, EXCLUDING SITE VISITS.MOTION PASSED BY VERBAL ROLL
CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
3.4. Public Art Committee Voting Membership
Recommended Action:
Direct staff accordingly.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
WALIA/ZHAO MOVED TO DIRECT STAFF TO SCHEDULE FUTURE CITY
COUNCIL CONSIDERATION OF A RESOLUTION TO DISSOLVE THE
COUNCIL PUBLIC ARTS COMMITTEE AND CREATE AN ALL VOLUNTEER
INDEPENDENT PUBLIC ART COMMISSION WITH THE RESOLUTION
PROVIDING ROLES AND RESPONSIBILITIES. PASSED BY VERBAL ROLL
CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS. NOES: BERNALD.
ABSTAIN: NONE. ABSENT: NONE.
3.5. Public Art Policy
Recommended Action:
Consider the recommendations of the Public Art Committee and Finance Committee for
amending the Public Art Policy and adopt a resolution implementing the selected
recommendation or an alternative.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
KUMAR /WALIA MOVED TO DIRECT STAFF TO SCHEDULE FUTURE CITY
COUNCIL CONSIDERATION OF A REVISED PUBLIC ART POLICY THAT
REFLECTS FORMATION OF A PUBLIC ART COMMISSION.MOTION PASSED
BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS,
BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
42
Saratoga City Council Minutes ~ June 2, 2021 ~ Page 9 of 10
Mayor Yan Zhao
Cities Association of Santa Clara County – the Association has a special seminar and discussion
with regional members, called “Let’s Talk about Race” and the recommendation was to have
each City will host one seminar to discuss one topic.
Council Finance Committee – Mayor Zhao attended, but Vice Mayor Walia will report on the
meeting.
Vice Mayor Tina Walia
Council Finance Committee – the Committee received a request for a waiver for Civic Theater
Rental Fee for West Valley Light Opera and South Bay Musical Theater and to apply ticket
surcharge revenues collected during FY 2021-2022 to Operating Budget to recoup lost rental
revenues. The Committee also discussed the Investment Policy and will continue the current
policy for FY 2021/22 and to explore other options within the policy for better ROI.
Saratoga Area Senior Coordinating Council (SASCC)– the members received an update on
posting of SASCC Agendas and they will be available on the SASCC website and have an insert
in the Outlook. No Financial Statements have been provided to SASCC Board and the Board was
informed that a partial payroll tax payment have been made for 4 of the 6 missed quarters.
Saratoga Ministerial Association – the association received a presentation from Community
development Director Debbie Pedro on the Housing Element. The Association will be taking a
Summer break for two months on meetings.
Council Member Rishi Kumar
No report.
Council Member Kookie Fitzsimmons
No Report.
Council Member Mary-Lynne Bernald
Santa Clara/Santa Cruz Airport/Community Roundtable – the Roundtable held a special meeting
to set up the future schedule of meetings and hired an attorney. Received a report on noise survey
from FAA. The Roundtable will be writing a letter to our Congressional representatives urging
them to press the FAA to amend the way they measure noise and its effect on residents on the
ground.
Saratoga Historical Foundation -- the Museum has had successful virtual lectures and walking
tours. The Foundation is looking forward to having a table at the Saratoga Orchard fruit
gathering event.
CITY COUNCIL ITEMS
Council Member Kumar, with support from Mayor Zhao, asked for an agenda item on Regional
Housing Needs Allocation appeal.
COUNCIL COMMUNICATIONS
Council Member Fitzsimmons shared that Saratoga resident Lillian C. Barna had passed away
recently and the memorial service is at Sacred Heart Church on June 5, 2021.
Council Member Kumar spoke about crime deterrents and tips to make your home safer.
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Saratoga City Council Minutes ~ June 2, 2021 ~ Page 10 of 10
Mayor Zhao announced that she has office hours at the Saratoga Farmer’s Market the first
Saturday of each month from 10:00 a.m. to noon. Captain Urena is also attending on June 5.
CITY MANAGER'S REPORT
None
ADJOURNMENT
KUMAR/WALIA MOVED TO ADJOURN THE MEETING AT 11:15 P.M. MOTION
PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS,
BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, City Clerk
City of Saratoga
44
Rene Rivera, 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
6/2/2021 143330 143360 31 142,649.50 6/2/2021 5/26/2021 143329
6/8/2021 143361 143388 28 664,911.34 6/8/2021 6/2/2021 143360
Accounts Payable checks issued for $20,000 or greater:
Date Check #Dept.Amount
6/2/2021 143349 San Jose Water Company General Admin Water 21,866.91
6/2/2021 143358 Vista Landscape General CDD CIP Street, Parks, Admin 40,009.00
6/8/2021 143368 Davis Shan Xiang Zhang General CDD Refund Bond/Deposit 46,249.80
6/8/2021 143377 Office of Sheriff General Admin June '21 Law Enforcement 534,079.83
6/8/2021 143361 4Leaf General CDD March 21 Plan Review 31,940.83
Accounts Payable checks voided during this time period:
AP Date Check #Amount
6/2/2021 142862 Villalobos & Associates Lost Check 30,265.00
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Fund Purpose
StatusReason Issued to
Issued to
Reissued
Prior Check RegisterChecks
ReleasedTotal Checks Amount
Accounts Payable
Accounts Payable
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:Finance & Administrative Services
06/02/21 Period 12; 06/08/21 Period 12
PREPARED BY:
Ending Check
#
Starting
Check #Type of Checks Date
45
46
47
48
49
50
51
52
SARATOGA CITY COUNCIL
MEETING DATE: June 16, 2021
DEPARTMENT: Administrative Services Department
PREPARED BY: Mary Furey, Administrative Services Director
SUBJECT:Fiscal Year 2021/22 Operating & Capital Budget Adoption
RECOMMENDED ACTION
Adopt resolution approving the Proposed FY 2021/22 Operating and Capital Budget, directing staff to
incorporate within the final adopted budget any modifications related to late-breaking changes, minor
corrections, carryforward appropriations, refined estimates, grant approvals, claim reimbursements, pass-
through appropriations, or additional direction from Council upon adoption of the budget.
BACKGROUND
The City’s Proposed Operating and Capital Budgets reflect revenue and expenditure appropriations which
provide City’s service operations, administration, obligations, and infrastructure improvement projects.
The Operating Budget portion of the document is structured into a departmental format which outlines
department and program level functions, identifies objectives in support of Council Goals, and lists key
program services and significant workload priorities for the fiscal year. Summary level revenue and
expenditure budget appropriations and assigned personnel schedules for the proposed, current and three
prior years are included within each departmental program to identify the resources used to provide these
services and operations over a five-year time frame. The Financial Summaries section of the Operating
Budget document compiles the individual financial and staffing information into summary schedules to
provide readers with aconsolidated view of funding sources and uses from different perspectives, including
departmental, fund type, and category.
The Capital Budget portion of the document is structured into four program areas: Streets; Parks & Trails;
Facilities; and Administrative & Technology Projects. The programs are further categorized by either the
type of infrastructure improvement as in the Streets and the Administrative Improvement programs, or by
location/site as in the Parks & Trails and the Facilities programs. The Capital Improvement Plan represents
a multi-year work plan for major capital expenditures and related funding sources, to improve and/or
maintain various types of city infrastructure.
To remain in compliance with the California Environmental Quality Act (CEQA) requirement to ensure an
assessment ofthe environmental impacts for new projectsis made by the governing body, an Environmental
Impact Assessment report listing new CIP projects (Attachment B) is reviewed and approved by the
Planning Commission, and included with this report for approval by Council.
REPORT DISCUSSION
Budget Adoption
A public hearing was held on June 2,2021 to review the City of Saratoga’s Proposed Operating and Capital
Budget and to obtain community input. In the various schedules throughout the Operating Budget portion
53
of the document, revenue and expenditure amounts represent the appropriations Council approves with the
budget adoption. Beginning and ending fund balances shown in the summary schedules are based on
estimates, are for reference, and will be adjusted to actuals after the current fiscal year close.
Capital Budgets appropriations are adopted at the project level, with budgeted project expenditures based
on total available funding for the designated work as described in the project worksheet. Any remaining
unspent capital project funds at prior year-end carries forward into the next budget year if the capital project
is still active. The proposed budget document portrays the estimated amount of remaining project funds at
the time of the public hearing. Capital project revenue, expenditure, and fund balance amounts will be
adjusted to actuals for final budget appropriation after the current fiscal year is closed.
Notable Budget Comparisons from Prior Year
The Proposed FY 2021/22 General Fund Operating Budget reflects the expected continuation of some
revenue reductions as a result of the COVID-19 Pandemic impacts, specifically Sales Tax, Transient
Occupancy Tax, Facility Rental Income, Interest, and the expected downturn in development related
services, fees, and construction based taxes. These revenue reductions are offset by the planned use of $1
Million in FY 2021/22 of the $5.6 Million received under the American Rescue Plan (ARP) grant.
Specific revenue declines include the still under-producing restaurant and retail Sales Tax base. Revenues
are expected to increase from last year, but still be down about 20% as dining and retail activity continues
to lag. Development related revenues are expected to slow down from FY 20210/21 levels as remodeling
projects are put on hold due to rapid increases in construction costs. This new slowdown will affect many
different revenues under Tax, Services, and Fee categories. Hotel Tax (Transient Occupancy Tax) revenue
is expected to improve from the prior year, but again only partially recover as travel and event usage will
be slow to return to normal levels. This will also be evident in the lower than normal Facility Rental Fees.
The demand for event and meeting space is expected to improve over the fiscal year, but be slow to start.
And as explained many times over the last year, interest rates are expected to remain very, very low, and
are not expected to improve during this fiscal year.
The continuation of expenditure restraints for non-service related expenditures make up the rest of the
budget funding strategy. However, this is offset by increases in staffing costs, Sheriff costs, additional
contract serves, and a return to normal of the Internal Service Fund (ISF) charges. The ISF charges were
returned to normal levels because the supplemental funding from the ARP will bring revenue levels up to
normal. The charges also increased due to higher insurance premiums. Because of the ARP funding,
operational services will be maintained without use of harsh budget reductions in FY 2021/22. Further,
this staggered use of the ARP funds will allow the Council to adopt annual budgets that keeps services at
normal levels and the Fiscal Stabilization Reserve whole for the next several years.
Operationally, the proposed budget retains staffing levels, public safety services, and service hours. While
both the revenue and expenditure budgets are more tightly budgeted than in previous years (less contingent
funding), the organizational functions, workplans, and service levels are consistent with prior years.
Financial Summaries
The Operating & Capital Budget’s Financial Summaries section in the budget document is a compilation
of various schedules that present summary level revenue and expenditure budget activity, fund balance
estimates, staffing schedules, and very informative financial and operational background and forecast
information. The first schedule in the Financial Summaries section, and the one that illustrates financial
information at the highest summary level, is the Total Fund Activity Schedule; and is presented on the
following page.
In this schedule, proposed budget activities are illustrated by fund, and categorized by fund group. Each
line represents a separate fund, with the exception of the General Fund that lists each of the discrete General
Fund reserves fund balances and associated transaction activity. The General Fund is the only fund with
multiple reserves. Other funds have one reserve because non-General Fund funds are structured for specific
54
purposes. Therefore, only the fund’s name is needed to show beginning fund balance, the fund’s
transactional activities, and the ending balance. In this high-level schedule, each fund begins with the
estimated July 1, 2021 fund balance, then adds and subtracts all budgeted activity, and ends with the
estimated year end fund balance at June 30, 2022.
Total Funds Activity Schedule Orientation
The Total Activity schedule categorizes the City’s different funds by function. Operating Funds include
the City’s general operations (General Fund), restricted revenue programs and services (Special Revenue
Funds), and internal support services (Internal Service Funds).
TOTAL FUND ACTIVITY SUMMARY
FY 2021/22
Estimated Revenues Expenditures Source (Use)Estimated
Fund Balance && of Fund Balance
Fund Category July 1, 2021 Transfers In Transfers Out Fund Balance June 30, 2022
Operating Funds
General Fund Reserves
Environmental Services 63,182$ -$ -$ (63,182)$ -$
Hillside Stability 1,000,000 - - - 1,000,000
Capital Projects 2,727,145 600,000 (2,735,131) 2,254,244 2,846,258
Facility Reserve 3,700,000 - - 500,000 4,200,000
Working Capital 1,000,000 - - - 1,000,000
Fiscal Stabilization 4,000,000 - - - 4,000,000
Compensated Absences 310,479 - - - 310,479
American Rescue Plan 1,400,000 2,200,000 - (1,000,000) 2,600,000
Other Unassigned 3,254,244 24,262,210 (25,002,139) (1,691,062) 823,253
Total General Fund Reserves 17,455,050$ 27,062,210$ (27,737,270)$ -$ 16,779,990$
Special Revenue Funds
Landscape & Lighting Districts 930,080$ 527,684$ (672,167)$ -$ 785,598$
Total Special Revenue Reserves 930,080$ 527,684$ (672,167)$ -$ 785,598$
Internal Service Funds
Liability/Risk Management 627,223$ 811,500$ (828,365)$ -$ 610,358$
Workers Compensation 232,549 260,000$ (254,845) - 237,704
Office Support Services 142,304 48,000$ (57,000) - 133,304
IT Services 567,863 810,000$ (820,859) - 557,004
Vehicle & Equipment Maintenance 311,503 275,000$ (287,726) - 298,777
Facility Maintenance 663,935 950,000$ (1,037,231) - 576,704
Vehicle & Equipment Replacement 538,522 150,000$ (250,825) - 437,697
IT Equipment Replacement 691,042 150,000$ (256,200) - 584,842
Facility FFE Replacement 653,614 200,000$ (289,848) - 563,766
Total Internal Service Reserves 4,428,555$ 3,654,500$ (4,082,900)$ -$ 4,000,155$
Total Operating Funds 22,813,685$ 31,244,394$ (32,492,336)$ -$ 21,565,743$
Debt Service Funds
2001 Series GO Bond 794,808$ 800,250$ (845,260)$ -$ 749,798$
2018 Arrowhead CFD Bond 387,794 112,626 (374,287) 126,133
Total Debt Service Funds 1,182,602$ 912,876$ (1,219,547)$ -$ 875,931$
Total Operating Budget 23,996,287$ 32,157,270$ (33,711,883)$ -$ 22,441,674$
Capital Improvement Funds
Street Projects 1,773,669$ 6,139,040$ (7,912,708)$ -$ -$
Park & Trail Projects 1,022,130 510,972$ (1,533,099)$ - -
Facility Projects 1,118,323 165,000$ (1,283,323)$ - -
Administrative & Tech Projects 455,685 1,132,500$ (1,588,184)$ - -
Total Capital Improvement Funds 4,369,807$ 7,947,512$ (12,317,315)$ -$ -$
Total Operating & Capital Budget 28,366,094$ 40,104,782$ (46,029,198)$ -$ 22,441,674$
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While part of the Operating Budget, Debt Service Funds are separate and distinct from the City’s operating
functions. Debt Service Funds account for the funding and payment of the citywide voter approved bond
debt, and the Arrowhead Bond that was approved by and on behalf of a small community facility district
neighborhood in December 2018. Both bonds issuances are funded by special parcel tax assessments to
pay the debt service.
Trust Funds are not included in the City’s budget document as the Council does not direct the use of these
funds and is not a fiduciary agent. The West Valley Clean Water Authority Program has a separate board
that oversees the entities financial activities, City staff only assist the JPA with collection of assement
revenues and processing of expenditure payments.
The Capital Budget is comprised of funds that account for project-specific activities to acquire or construct
major assets and infrastructure. Capital funding is utilized for distinct bodies of work that may occur over
multiple years, rather than day-to-day services and maintenance activities within a specific time frame.
The Capital Budget functions under a rolling accounting process. As noted previously, unspent funding
carryforwards into the following year as the project’s beginning fund balance. The beginning balance
represents prior year revenue or transfers-in, and is thus available to fund project expenditures. With a
fund’s Beginning Fund Balances on this Total Fund Activity schedule estimated two months prior to the
end of the fiscal year, the amount will undoubtedly change prior to year-end close. This in turn will alter
the proposed capital project expenditure budget numbers from the final adopted project revenue and
expenditure budget. This fluctuation is immaterial however, as the Capital Budget represents approved
funding appropriations by project, not by fiscal year, and whether funding is spent on one side of the fiscal
year-end or the other, is irrelevant to total project appropriations.
In the Capital Budget, total available funding is fully appropriated as budgeted expenditures each fiscal
year, with exceptions for the Facility Improvement Fund to retain the estimated current year’s Theater
Improvement revenues for the following fiscal year, and any unallocated Park-in-Lieu fees in the Park and
Trail CIP Fund. For FY 2021/22, neither of these exceptions are in place, so the full amount of funding is
appropriated. This full appropriation method provides flexibility for projects to be encumbered under
contract which extend beyond fiscal year boundaries, if needed. As most capital projects are planned,
developed, and implemented over a multiple-year process, full encumbrance budgeting provides assurance
that project funding is dedicated for this purpose, and work processes can proceed as efficiently as possible.
Expenditures budgeted in excess of current year revenues also occurs. During any given year, a replacement
type of Internal Service Fund (ISF) budgets for scheduled asset replacement expenditures which may in
total exceed the annual revenue charges. This may also occur for service types of ISF’s such as in the
Facility Maintenance ISF; contingency funding is budgeted to provide for emergency repairs to be made if
needed, while avoiding excess funding charges each year. It is also common for Landscape and Lighting
District Funds to budget all available funding in the event an unexpected repair project occurs.
Fund Balance Overview
General Fund – Revenues and American Rescue Plan funding is expected to total just over $27 Million in
FY 2021/22. General Fund expenditures and Transfers Out are budgeted just over $27.7 Million. The
negative difference in this operational activity is funded by the use of the remaining $63,182 of
Environmental Reserve funds, and from the $1 Million use of American Rescue Plan funds, with the net
operational result totaling about $323,000. The overall General Fund reserve balance will have a net
decrease from $17.5 Million to $16.8 Million that includes both increases and decreases in specific reserves.
Landscape & Lighting Districts – Assessments collected from property owners are maintained in the
specific district by accounting for each district as a separate fund. This schedule combines all of the 26
56
funds into one line item. The 26 fund’s assessments and budgeted expenditures are consistent with prior
years, with full funding built into the budget for unplanned repair projects, if needed. Total budgeted
revenues of $527,684 and budgeted expenditures of $672,167 result in an estimated year-end fund balances
of $785,598.
Internal Service Funds - include insurance funds, support service funds, and equipment maintenance and
replacement funds. These funds proactively account for ongoing costs associated with supporting
operational activities. Total budgeted revenues of $3,654,5000 are offset by expenditures of $4,082,900,
leaving a total fund balance at year-end for the funds of just over $4 million.
Debt Service Fund - revenues of $912,876 and expenditures of $1,219,547 include assessment revenue and
debt service payments for the 2001 Library Bond and the 2018 CFD Arrowhead Bond, and contingent
budgeted revenue and expenditure amounts in case additional residents choose to buy out of the bond debt.
Capital Budget -The FY 2021/22 Proposed Capital Budget supports Council’s goal to maintain the City’s
facilities and public infrastructure in a safe, sustainable, and cost-effective manner. The budget includes
revenue funding for both previously approved projects not yet completed, and for new projects. CIP Project
funding comes from CIP reserve transfers, General Fund transfers, grants, Park-in-Lieu, Gas Tax, and
various other funding sources. As mentioned previously, all funds are appropriated leaving a zero fund
balance at year end.
General Fund
Of primary importance is the General Fund, as the main funding source for the City’s day-to-day operations.
The following two charts illustrate the budgetary appropriations for General Fund revenues and General
Fund expenditures by category. The schedules below each graph provide summary level financial data for
the proposed budget year (darker brown column), as well as the current year budget and estimated actuals
(lighter brown columns) and three prior fiscal years actuals for historical reference.
Revenues and Use of Fund Balance
As shown in the following Revenue chart, Property Tax is the primary funding source for Saratoga. In
typical year, it would make up about 67% of expected General Fund revenues by itself. This year, because
of the American Rescue Plan funding booked as revenue this year, the percent is down to 60.6%.
Altogether, taxes bring in about 80% of General Fund revenue in total. Revenues are supplemented by the
CIP Reserves to fund transfersto the Capital Project funds. The reserve will provide $2,735,131of funding
for FY 2021/22. Other funding sources this fiscal year include the final Environmental Reserve fund
transfer of $63,182 and the use of $1 Million of the ARP funding.
For operating funds such as the General Fund, adjustments to carryforward obligations(if any) will be
determined at fiscal year-end close, and shown as a use of fund balance source in the final adopted budget.
This carryforward reserve is then utilized by an increase in the applicable expenditure account budget for
use during the year, with the carryforward reserve reduced at year end in most years.
Other General Fund reserves are not typically utilized during the year, and hence most Reserves show no
activity in the following schedule.
57
GENERAL FUND REVENUES & USE OF FUND BALANCE
FY 2021/22
Property Tax revenue is expected to increase by $314,000. As noted during the budget development
process, projected ERAF payments will now be included in the budget as County and State officials have
2018/19 2019/20 2020/21 2020/21 2021/22 % of
General Fund Revenues Actuals Actuals Adjusted Estimated Proposed Budget
Property Tax 14,166,177 15,031,057 14,936,000 16,079,043 16,393,300 60.6%
Sales Tax 1,207,471 1,056,700 750,000 900,000 1,000,000 3.7%
Transient Occupancy Tax 347,605 210,326 150,000 125,000 175,000 0.6%
Business & Other Taxes 548,815 597,059 505,000 645,000 570,000 2.1%
Franchise Fee Tax 2,482,074 2,418,019 2,432,000 2,455,112 2,397,000 8.9%
Intergovernmental 533,058 586,289 527,687 947,759 540,100 2.0%
Fees, Licenses & Permits 1,936,019 1,601,305 1,487,180 1,927,552 1,685,460 6.2%
Charge for Services 1,416,278 904,866 872,584 933,452 881,750 3.3%
Interest 639,154 566,054 210,000 152,295 152,000 0.6%
Rental Income 432,595 287,815 312,199 194,699 246,700 0.9%
Other Sources 406,703 249,423 1,446,407 1,546,105 220,900 0.8%
American Rescue Plan - - - 2,800,000 2,800,000 10.3%
Total GF Revenues 24,115,948 23,508,913 23,629,057 28,706,017 27,062,210 100%
Fund Transfers In 158,391 1,187,347 - 436,532 -
Total Rev & Transfers 24,274,339 24,696,260 23,629,057 29,142,549 27,062,210
Use of (Addition to) Fund Balance Reserves
Carryforward Reserve 5,264 47,647 155,556 155,556 -
Environmental Reserve 50,000 50,000 50,000 50,000 63,182
CIP Reserve 1,840,866 3,005,000 2,485,500 2,485,500 2,735,131
Hillside Reserve - 500,000 400,000 400,000 -
Hillside Reserve Repayment (500,000) - - -
LLD Fund Closeout - - 1,062,604 1,062,604 -
From American Rescue Plan Reserve - - - - 1,000,000
To American Rescue Plan Reserve - - - (2,250,000) (2,800,000)
Total Funding Sources 26,170,468 27,798,907 27,782,717 31,046,209 28,060,523
58
settled on an allocation formula. This will provide a truer expectation of revenue funding, and consistency
between budgeted and prior year actual amounts. As shown on the above schedule, Sales tax is expected
to continue to recover, with an estimate of $1 M for FY 2021/22. This is still about 20% under where it
should be. Transient Occupancy Tax, Rental Income, and Interest are all expected to slowly recover, and
their slow climb back to normal is also reflected in the budget schedule. Development services, permits,
fee, etc. is projected to continue to be strong, but not as strong as FY 2020/21. A slight decrease in services,
fees, and other taxes still provide a healthy revenue amount that would be considered normal, but is overall
a slight decrease from the prior year. Together, these revenues put us about equal to pre-pandemic levels,
but since this would be the third year out, is lower than it should be by about $1 million.
Expenditures and Transfers Out
On the other hand, expenditures continue to grow, even with ongoing operational restraint. In part, this is
due to the normal salary and benefit increases and Sheriff service increases, but notable from rising Internal
Service Fund charges and some new operational expenses for Wildfire mitigation, landscaping and trail
maintenance costs, and traffic repairs and maintenance for the new traffic signal maintenance operations.
Additionally, expenses are increasing for one-time expenses to refresh the Website,and some contract
services for staff turnover backfill.
GENERAL FUND EXPENDITURES & TRANSFERS OUT
FY 2021/22
FY 2017/18 2018/19 2019/20 2020/21 2020/21 2021/22 % of
Expenditure Category Actuals Actuals Actuals Adjusted Estimated Proposed Total
Salary & Benefits 7,264,949 7,617,050 8,047,944 9,075,240 8,607,477 9,313,635 37.3%
CalPERS UAL Payment 750,000 1,052,631 1,041,098 1,014,300 1,013,779 1,050,000 4.2%
Materials & Supplies 246,785 223,304 208,572 343,618 257,832 308,215 1.2%
Fees & Charges 788,811 891,961 936,274 1,103,747 1,098,904 1,069,676 4.3%
Consultant & Contract Services 2,034,666 2,451,965 2,183,881 2,523,276 2,339,962 2,813,845 11.3%
Sheriff Services 5,319,341 5,680,745 6,057,371 6,408,958 6,408,958 6,841,990 27.4%
Meetings, Events, Training 105,621 115,690 89,599 116,900 33,692 105,950 0.4%
Community Grants & Events 233,336 242,667 228,766 328,932 273,855 280,225 1.1%
Operating Grant Exp - - - 76,687 97,805 6,800 0.0%
Fixed Assets 19,785 20,459 13,511 - - - 0.0%
Internal Services Charges 2,626,497 2,591,332 2,629,225 2,554,339 2,554,339 3,211,803 12.8%
Total Expenditures 19,389,791$20,887,806$21,436,240$23,545,996$22,686,603$25,002,139$100.0%
Fund Transfers Out 1,872,909 1,840,866 3,505,000 3,435,500 3,435,500 2,735,131
Total Exp & Transfers Out 21,262,700$22,728,672$24,941,240$26,981,496$26,122,103$27,737,270$
Salary &
Benefits
37.3%
UAL
Payment
4.2%
Materials &
Supplies
1.2%
Fees &
Charges
4.3%
Consultant &
Contract Services
11.3%
Sheriff Services
27.4%
Meetings,
Events,
Training
0.4%
Community Grants &
Events 1.1%
Internal Services
Charges
12.8%
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In the General Fund Expenditures & Transfers Out schedule, budgeted expenditures are almost $1.5 Million
higher than prior year budgeted expenses. As noted earlier, the majority of the increase comes from salary
and benefit cost increases ($238k), the sheriff’s annual service cost increase and enhanced School Resource
Office costs ($433k), a combination of contract service increases ($290k) and the return to normal Internal
Service Fund chargebacks ($657k), offset by decreases in operational charges.
Salary and Benefit costs continue to increase with Cost of Living adjustments, step increases, promotions,
insurance premiums, and pension costs. Budgeted labor costs include fully staffed positions for the full
fiscal year, and contingency funding for paid-time-off cash outs. This budget also includes the return of a
.75 FTE to fulltime and some additional contingency funding for vacation and retirement cash outs.
In normal years, operational costs tend to come in pretty close to budget, such as materials and supplies,
fees, consultant and contract services, sheriff services, internal service costs, etc. Last year there was more
variation due to the closure of normal operations lasting longer than expected. Transfers out are also
planned for specific uses and follow budget, however the budgeted amount may also be adjusted during
the year with actual again aligning with budget.
The Fund Transfers out amount of $2,735,131 is funded by the Capital Project Reserve, and will be
transferred to Capital Projects as allocated by the City Council at a Capital Budget priority setting meeting
during the budget process.
Budgeted Net Operations
In total, budgeted General Fund Sources exceed total budgeted General Fund Uses by $323,253, thereby
providing a balanced budget. While final revisions and budget adjustments during the year may adjust
these budgeted numbers, the General Fund budget will remain balanced.
Final Budget Revisions
Any additional changes as a result of direction from Council and/or identified by staff as a clean-up item
will be included in the final budget document, per Council’s adoption of the FY 2021/22 Operating &
Capital Budget resolution at the June 16, 2021 Council Meeting.
Of final note is that the Proposed Operating and Capital Budget is a draft document that reflects year-end
estimates. Amounts will be updated to reflect the current year’s final adjusted budget, and actual revenue,
expenditures, and fund balance for the adopted budget final publication so as to provide the public with
accurate financial information for future year’s reference. Final numbers are determined in late August
each year, with the Final Budget document completed in September. The document’s narrative also
continues to be updated and refined, with updated sections added into the draft budget document as
completed.
ATTACHMENTS
A: Fiscal Year 2021/22 Operating & Capital Budget Resolution
B: Fiscal Year 2021/22 CIP Project Conformance Resolution
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Attachment A
RESOLUTION NO.__________
A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SARATOGA
TO ADOPT THE FISCAL YEAR 2021/22 OPERATING & CAPITAL BUDGET
WHEREAS, Section 2-20.050(i) of the Code of the City of Saratoga requires the City Manager to
prepare and submit the proposed annual budget to the City Council for its approval; and
WHEREAS,on June 9th, the Planning Commission conducted an annual review of proposed new
capital projects and determined that they are consistent with the City’s General Plan; and
WHEREAS, the City Manager has submitted a proposed Operating and Capital budget for FY
2021/22 to the City Council at a public hearing held on June 2, 2021; and
WHEREAS, the City Council has reviewed and considered the proposed Operating and Capital
budgets for FY 2021/22, and if budget modifications were requested, Council has provided consensus
direction for changes to the proposed budget during the public hearing; and
WHEREAS, staff will incorporate any noted modifications or further Council direction, refined
estimates, corrections, adjustments, grants, pass-through revenue/expenditures, and carry-forwards into the
final Fiscal Year 2021/22 Operating and Capital Budget;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby
approves the Fiscal Year 2021/22 Operating & Capital Budget as summarized in the high-level schedule of
fund activity titled Total Fund Activity Summary in the staff report recommending adoption of this
resolution;
AND BE IT FURTHER RESOLVED,that the final adopted budget shall include adjustments,
refinements, corrections, and revisions for carry-forward appropriations for prior year capital projects,
identified funding for specified expenditures, grants, and pass-through balances; and that there be carried
forward from the prior year within each fund an amount sufficient to cover approved outstanding
encumbrances as of June 30, 2021;
AND BE IT FURTHER RESOLVED, that the City Council hereby finds that the projects
included in the FY 2021/22 Capital Improvement Plan Update will not have an adverse impact on the
environment and are categorically exempt from the California Environmental Quality Act (CEQA). These
projects involve maintenance, repair, or minor alterations or additions to existing facilities (§15301 - Class
1), replacement or reconstruction of existing structures or facilities (§15302 - Class 2), new structures of
61
Attachment A
small size and are identified by CEQA as not having a significant effect on the environment(§15303 -Class
3), minor alterations to land (§15304 - Class 4), and information gathering purposes (§15306 - Class 6);
AND BE IT FURTHER RESOLVED, that the City Council hereby directs that any changes or
impacts resulting from: Council approval of any meet and confer processes or management compensation
plan; from classification adjustments or miscellaneous corrections; for changes due to more refined
estimates, grant approvals, claim reimbursements, budget carryforwards, or added revenue and
expenditures; from development fee based pass-through budget appropriations; or from further City
Council consensus direction received on June 16, 2021,be incorporated within the final Fiscal Year 2021/22
Operating & Capital Budgets;
AND BE IT FURTHER RESOLVED,that the Administrative Services Director is directed to
record these changes into the City’s accounting records in accordance with appropriate accounting
practices.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16th day of June 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao,
Mayor of the City of Saratoga
ATTEST:
Debbie Bretschneider,
City Clerk of the City of Saratoga
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63
SARATOGA CITY COUNCIL
MEETING DATE:June 16,2021
DEPARTMENT:Finance & Administrative Services
PREPARED BY:Mary Furey, Administrative Services Director
SUBJECT:Resolution to Establish Property Tax Levy for Debt Service Payments on the
Arrowhead Community Facility District 2018 Bond
RECOMMENDED ACTION:
Adopt the attached resolution that sets the property tax levy rate for the Arrowhead Community Facility
District’s 2018 Bond's debt service payment at $6,000 per parcel for the remaining nineteen (19)
participating property owners.
BACKGROUND:
The Arrowhead Community Facilities District encompasses 39 homes located along the hillside between
Rolling Hills Road and Blue Hills Lane, off of Prospect Road. Since 1951, this neighborhood operated its
own private water company, known as Arrowhead Cooperative Company Inc. Over the years the number
of Arrowhead Cooperative residences and water service meters increased, to the extent that the water system
infrastructure was no longer sufficient for water and fire protection needs. Because the potential fire danger
situation was very alarming to the residents, the Arrowhead Board attempted to improve their water
infrastructure system. Tying into San Jose Water Company lines system was their preferred option, but the
private water cooperative was required to upgrade their water system with a new pump house, water line
connections,and water supply lines before they would be allowed to link into San Jose Water’s system. As
not all residents had funds immediately available for this construction expense, the Arrowhead Cooperative
Board asked the City to assist them with the issuance of a bond to finance the improvements.
To issue the bond as a collective group, the 39 homeowners were required to establish their Water
Cooperative as a Community Facility District. This allowed for a special parcel tax to be assessed for debt
service. The home owners voted to move forward with this action, and at the December 21, 2016 City
Council Meeting, the City Council adopted a resolution to form Community Facilities District 2016-1
(Arrowhead)and called for a special election within the district to consider allowing the City to incur bond
indebtedness on the Arrowhead CFD’s behalf, and to levy a Special Tax Lien to pay principal and interest
on bonds issued to finance water infrastructure improvements.
On May 2, 2017,a total of 50 registered landowner votes were cast, with 100% of the votes in support of
this measure. On June 21, 2017, City Council adopted an ordinance authorizing the levying of Special
Taxes on properties in the Arrowhead CFD for bonded debt service.
After several delays, the Community Facility District’s bond was finally issued on December 12, 2018.
Fifteen of the 39 property owners prepaid their share of the water infrastructure improvements, leaving only
24 property owners who participated in the bond issuance.
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The total bond amount of $2,498,848 was issued at an interest rate of 6.05% on December 12, 2018, with
a 30 year maturity date on September 1, 2048. Attachment A is the current Debt Service payment schedule
(after bond debt adjustments discussed below).
Bond participants may choose to pay the parcel assessment as an added charge on their property tax
payments over the 30-year term, or they may buy out their share of the bond liability. If a participant buys
out of the debt, the debt payment schedule will be adjusted, and the remaining bond participants continue
to pay their debt service amount each year. A buy-out does not change the remaining participant’s share of
the debt obligation, however, the annual debt monitoring service costs do increase as the number of
participants who pay the shared annual service costs is reduced.
In early FY 2019/20, one bond participant chose to pay off their share of the bond, which occurred with the
September 1, 2019 debt service payment date. A second participant paid off their share of the bond in late
FY 2019/20, so their payment will reduce total bond debt with the September 1, 2020 payment date. This
leaves 22 bond holders for the FY 2020/21 debt service liability.
Arrowhead Project Fund Closeout
Almost $2.5 Million of Arrowhead Bond issuance funds were added to the funds from fifteen Arrowhead
property owners who chose to pay their share of the infrastructure improvement cost in cash. Each of the
fifteen “Prepaid” participants contributed $100,000, bringing the total funding package to almost $4
Million.
Of the $4 Million, $340,000 was for Bond Issuance Costs, $90,000 was held as a reserve to ensure funding
in case of payment default, and the remaining amount of $3,569,000 was put into the construction account.
The water infrastructure construction project was completed under-estimate, bringing a refund from San
Jose Water of $340,886. In addition, a total of $356,800 in excess funds remained in the Project
Improvement and Cost of Issuance funds. After final payments, cash participantswere refunded their share
of excess funds, leaving almost $411,700 to buy down bond debt on September 1, 2020.
Under the terms of the bond issuance agreement, Prepaid Participants received their share of excess funds
back in cash. Bond Issuance Participants’ share of the excess are to be utilized to pay down bond debt.
The closeout of these bond accounts will continue to take several months as the Bank Trustee finalizes
project completion and claim releases. The Arrowhead project closed with the FY 2019/20 year end.
REPORT DISCUSSION:
Bond Payments
There are two debt service payments each year: principal and interest in September, and interest only in
March. As the September payment is made prior to receiving the current year’s tax levy revenues, the prior
year-end Arrowhead Bond Fund Balance Reserve should provide enough funding to pay the September
debt service payment and the debt service monitoring service costs. The assessed property tax levy amount
received from the following January and June tax receipts is to provide funding for the March interest-only
payment, and then again leave a sufficient balance to pay the following September’s debt service payment.
The Arrowhead Community Facility District’s estimated ending fund balance for FY 2020/21 is $387,794.
This includes approximately $236,000 being held for three (3) bond payoffs scheduled for September 1,
2021 and the annual principal and interest debt service payment of approximately $127,687.
Because a maximum assessment was levied in FY 2018/19, excess payment funds will be applied toward
the FY 2020/21 debt service calculations, thereby temporarily lowering the typical annual debt service
assessment down to $6,000 for FY 2020/21 and FY 2021/22 to draw down the fund balance. The rates will
increase to cover the entire debt service and bond fees in subsequent years.
65
The following schedule shows the Arrowhead Bond’s estimated annual debt service and administrative fees
for next fiscal year:
FY 2021/22 Debt Service
Debt Service – Principal $ 25,520
Debt Service – Interest 102,167
Debt Service – Fees 6,600
Total Annual Debt Service $ 134,287
Bond Participant Debt Payoff + Premium (est.) 236,000
Total Bond Debt Service & 3 Bond Payoffs: $ 370,287
Tax Levy Process
In order to assess a tax levy on the property owners, the County of Santa Clara requires local jurisdictions
to adopt a resolution each year to establish the annual tax levy. Attachment B is the annual resolution
establishing the FY 2021/22 tax levy of $6,000 per parcel.
This levy will charge a total of $114,000 from the 19 participants. Santa Clara County will assess an
administration fee and then forward the remainder of the levy to the City for the bond’s debt service
expenditures. This total levied amount, together with excess reserve funds, will be sufficient for FY
2021/22 debt service payments and leave sufficient funds for the following year’s payment.
A certified copy of the adopted resolution setting the property tax levy for the Arrowhead CFD Bond will
be sent to the Santa Clara County Assessor’s Office no later than August 1
st.
ATTACHMENTS:
A. Arrowhead CFD Bond Debt Service Schedule
B. Resolution authorizing Tax Rate Levy for the Arrowhead CFD Bond
66
Attachment A
August August February Fiscal Year Bond
Fiscal Interest Annual Interest Interest Annual Debt Principal
Year Rate Principal Payment Payment Interest Service Balance @ YE
Bond Issue Date: December 1, 2018 - -
2018/19 6.050%- - 33,176 33,176 33,176 - 2,498,848
2019/20 6.050%89,531 75,590 69,845 145,435 234,966 103,703 2,305,614
2020/21 6.050%31,090 69,745 55,039 124,784 155,874 455,058 1,819,467
2021/22 6.050%25,520 55,039 47,128 102,167 127,687 236,000 1,557,947
2022/23 6.050%27,064 47,128 46,309 93,437 120,501 - 1,530,883
2023/24 6.050%28,701 46,309 45,441 91,750 120,451 - 1,502,182
2024/25 6.050%30,438 45,441 44,520 89,961 120,399 - 1,471,744
2025/26 6.050%32,279 44,520 43,544 88,064 120,343 - 1,439,465
2026/27 6.050%34,232 43,544 42,508 86,052 120,284 - 1,405,233
2027/28 6.050%36,303 42,508 41,410 83,918 120,221 - 1,368,930
2028/29 6.050%38,500 41,410 40,245 81,656 120,156 - 1,330,430
2029/30 6.050%40,829 40,245 39,010 79,256 120,085 - 1,289,601
2030/31 6.050%43,299 39,010 37,701 76,711 120,010 - 1,246,302
2031/32 6.050%45,919 37,701 36,312 74,012 119,931 - 1,200,383
2032/33 6.050%48,696 36,312 34,839 71,150 119,846 - 1,151,687
2033/34 6.050%51,643 34,839 33,276 68,115 119,758 - 1,100,044
2034/35 6.050%54,767 33,276 31,620 64,896 119,663 - 1,045,277
2035/36 6.050%58,080 31,620 29,863 61,482 119,562 - 987,197
2036/37 6.050%61,594 29,863 27,999 57,862 119,456 - 925,603
2037/38 6.050%65,321 27,999 26,024 54,023 119,344 - 860,282
2038/39 6.050%69,273 26,024 23,928 49,952 119,225 - 791,009
2039/40 6.050%73,463 23,928 21,706 45,634 119,097 - 717,546
2040/41 6.050%77,908 21,706 19,349 41,055 118,963 - 639,638
2041/42 6.050%82,622 19,349 16,850 36,199 118,821 - 557,016
2042/43 6.050%87,620 16,850 14,199 31,049 118,669 - 469,396
2043/44 6.050%92,921 14,199 11,388 25,588 118,509 - 376,475
2044/45 6.050%98,543 11,388 8,407 19,796 118,339 - 277,932
2045/46 6.050%104,505 8,407 5,246 13,654 118,159 - 173,427
2046/47 6.050%110,828 5,246 1,894 7,140 117,968 - 62,599
2047/48 6.050%62,599 1,894 - 1,894 64,492 - -
2048/49 6.050%- - - - - - -
TOTALS 1,704,088 971,090 928,776 1,899,866 3,603,953 794,760
Total Bond Principal 2,498,848$
Total Bond Interest 1,899,866
Total Cost of Bond 4,398,714$
2,498,848$
City of Saratoga
2018 Arrowhead Community Facility District Bond
Debt Schedule
Less
Bond Debt
Payoffs
67
Attachment B
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING THE FY 2021/22 PROPERTY TAX LEVY
FOR THE ARROWHEAD COMMUNITY FACILITY DISTRICT BOND DEBT SERVICE
WHEREAS,the City Council conducted proceedings to form the City of Saratoga Community
Facilities District No. 2016-1 (the “Arrowhead District”), to authorize the levy of special taxes upon the
land within the Arrowhead District, and to issue bonds secured by the special taxes to finance water
infrastructure improvements; and
WHEREAS,an election was held within the District on May 2, 2017 and the qualified electors
approved the incurrence of the bonded debt, the establishment of the appropriations limit for the District,
and the levy of the special tax by unanimous vote; and
WHEREAS, On November 21, 2018, the City Council adopted a resolution authorizing issuance
of Special Tax Bonds for Arrowhead Community Facility District through a private placement sale; and
WHEREAS,a Private Placement Bond Sale was conducted on December 12, 2018 on behalf of
twenty-four participating property owners within the Arrowhead Community Facilities District; and
WHEREAS, five of the property parcel owners have paid off their share of the bond liability,
leaving nineteen properties participating in the bond liability, and;
WHEREAS, it is necessary for the City Council of the City of Saratoga to establish an annual
Property Tax Levy on the participating property owners to provide sufficient funds for the debt service
payments and administrative expenditures during the fiscal year;
NOW, THEREFORE,be it resolved by the City Council of the City of Saratoga hereby establishes the
FY 2021/22 Property Tax Levy for debt service on the Arrowhead Community Facility District Bonds at
$6,000 per parcel.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16
th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, City Clerk
68
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:Finance & Administrative Services
PREPARED BY:Dennis Jaw, Finance Manager
SUBJECT:Fiscal Year 2021/22 Gann Appropriation Limit
RECOMMENDED ACTION
Review report and adopt resolution approving the Gann Appropriation Limit for FY 2021/22.
BACKGROUND
On November 6, 1979, California voters approved Proposition 4, commonly known as the Gann Spending
Limitation Initiative, establishing Article XIIIB of the California State Constitution. This proposition,
which became effective in fiscal year 1980/81, mandated an appropriations (spending) limit on the amount
of tax revenues that the State and most local government jurisdictions may appropriate within a fiscal year.
This limit grows annually by a population and cost-of-living factor.
The State Appropriation Limit was since modified by two subsequent initiatives -Proposition 98 in 1988
and Proposition 111 in 1990. Proposition 98 established the mandatory return of tax revenues exceeding
appropriation limit levels to citizens through a process of refunds, rebates, or other means. Proposition 111
allows more flexibility in the appropriation calculation factors.
Only tax proceeds are subject to this limit. Charges for services, fees, grants, loans, donations and other
non-tax proceeds are excluded. Exemptions are also made for voter-approved debt which existed prior to
January 1, 1979, and for the cost of compliance with court or Federal government mandates.
To comply with this regulation, the City Council adopts an annual resolution establishing an appropriations
limit for the following fiscal year using population and per capita personal income data provided by the
State of California’s Department of Finance. Each year’s limit is based on the amount of tax proceeds that
were authorized to be spent in fiscal year 1978/79, with inflationary adjustments made annually to reflect
increases in population and the cost of living.
Calculation
The California Department of Finance issues a letter with the annual percentage change in California’s per
capita personal income and the percentage change in population in both the City and the County to
jurisdictions on or about May 1st each year. Either the City or County’s population factor may be used in
the appropriation calculation together with the California per capita Personal Income change factor. Using
the larger population factor increases the limit to a higher dollar amount, however due to the significant
variance between tax revenue and the appropriation limit, and the minimal difference between the two
factors, the County population factor is used for consistency regardless of which factor is larger.
69
As shown in the schedule below, the County’s percentage increase in population change is combined with
the State’s change in per capita income to determine the City’s appropriation factor. The current year’s
appropriation limit is then increased by this appropriation factor to calculate the Gann Appropriation Limit
for the following fiscal year. The calculation for the FY 2021/22 limit is as follows:
Summary
The Gann Appropriation Limit establishes the maximum amount of tax revenue proceeds the City may
appropriate in the following fiscal year. The City’s proposed budget for FY 2021/22 anticipates
$18,138,300 in Gann designated tax revenues, which is $32,540,774 less than the appropriation limit of
$50,679,074; therefore, the City’s budgeted appropriation is in compliance.
Conclusion
Per Government Code 7910, documentation data used in the appropriations limit calculation have been
available for public review at least fifteen days on the State of California’s Department of Finance website
at http://www.dof.ca.gov/Forecasting/Demographics/Estimates/documents/PriceandPopulation2021.pdf.
Further, this report is posted on the City’s website in the week prior to the meeting date, and is available
permanently in the City’s electronic records, or at City Hall offices upon request.
Staff recommends Council adopt the resolution approving the FY 2021/22 Gann Appropriation Limit of
$50,679,074.
ATTACHMENTS
Attachment A – Gann Appropriation Limit Factors and Calculation
Attachment B – Resolution
Attachment C – Price Factor and Population Information
% Increase in California 2020/21 2021/22
County Per Capita Appropriation Appropriation Appropriation
Population Income Δ Factor Limit Limit
0.9944 X 1.0573 =1.0514 X 48,202,474$ =50,679,074$
FY 2021/22 Calculation
70
Attachment A
For Beginning County City California Ending %
YE Population Population Per Capita Limit
June 30 Limit Factor Factor Income Δ Limit Increase
2013 31,907,666 1.0124 1.0070 1.0377 33,521,156 5.06%
2014 33,521,156 1.0157 1.0129 1.0512 35,790,667 6.77%
2015 35,790,667 1.0150 1.0066 0.9977 36,243,974 1.27%
2016 36,243,974 1.0113 1.0000 1.0382 38,053,696 4.99%
2017 38,053,696 1.0126 1.0053 1.0537 40,602,404 6.70%
2018 40,602,404 1.0081 1.0023 1.0369 42,441,648 4.53%
2019 42,441,648 1.0099 1.0052 1.0367 44,434,849 4.70%
2020 44,434,849 1.0033 1.0003 1.0385 46,297,871 4.19%
2021 46,297,871 1.0037 1.0009 1.0373 48,202,474 4.11%
2022 48,202,474 0.9944 0.9901 1.0573 50,679,074 5.14%
% Increase in California 2020/21 2021/22
County Per Capita Appropriation Appropriation Appropriation
Population Income Δ Factor Limit Limit
0.9944 X 1.0573 =1.0514 X 48,202,474$ =50,679,074$
2021/22 2021/22 Percentage
Tax Appropriation of
Revenues Limit Limit
18,138,300 /50,679,074$ =36%
APPROPRIATION LIMIT FACTORS
FY 2021/22 Calculation
Percentage of Appropriation
AppropriationAppropriation
71
Attachment B
RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING THE FISCAL YEAR 2021/22 GANN LIMIT
APPROPRIATION FOR THE CITY OF SARATOGA
WHEREAS, the City of Saratoga established its Base Year Appropriation Limit as $5,961,747 in Fiscal Year
1978/79; and
WHEREAS, the cumulative changes to population and to the California per capita personal income since the Base
Year established the revised Proposition 111 Fiscal Year 1996/97 Appropriation Limit as $16,153,314; and
WHEREAS, to the best of the City’s knowledge and belief, the State Department of Finance figures provided to
the City in response to Proposition 111, reflects the appropriate statistics relevant to the calculation of the Fiscal
Year 2021/22 Appropriation Limit, which includes:
County population adjustments for the year ended January 31, 2021 equal to -0.56%, and
City population adjustment for the year ended January 31, 2021 equal to -0.99%, and
Change in California per capita cost of living for Fiscal Year 2021/22 equal to 5.73%
NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that, based on the foregoing
figures and the provisions of Article XIIIB of the Constitution of the State of California, the Fiscal Year 2021/22
Appropriation Limit for the City of Saratoga is $50,679,074.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held
on the 16th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:_____________________
Yan Zhao
Mayor, City of Saratoga
Attest:
_______________________
Debbie Bretschneider,
City Clerk, City of Saratoga
72
May 2021
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance)
to transmit an estimate of the percentage change in population to local governments. Each local
jurisdiction must use their percentage change in population factor for January 1, 2021, in
conjunction with a change in the cost of living, or price factor, to calculate their appropriations
limit for fiscal year 2021-22. Attachment A provides the change in California’s per capita personal
income and an example for utilizing the price factor and population percentage change factor
to calculate the 2021-22 appropriations limit. Attachment B provides the city and unincorporated
county population percentage change. Attachment C provides the population percentage
change for counties and their summed incorporated areas. The population percentage change
data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and
Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the
appropriations limit calculation mandate. The code section and the California Constitution can
be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.
Special districts required by law to calculate their appropriations limit must present the calculation
as part of their annual audit. Any questions special districts have on this requirement should be
directed to their county, district legal counsel, or the law itself. No state agency reviews the local
appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and
Taxation Code section 11005.6 mandates Finance to automatically certify any population
estimate that exceeds the current certified population with the State Controller’s Office. Finance
will certify the higher estimate to the State Controller by June 1, 2021.
Please Note: The prior year’s city population estimates may be revised. The per capita personal
income change is based on historical data. Given the stay-at-home orders due to COVID-19,
growth in the coming years may be substantially lower than recent trends.
If you have any questions regarding this data, please contact the Demographic Research Unit at
(916) 323-4086.
KEELY MARTIN BOSLER
Director
By:
/s/ Erika Li
Erika Li
Chief Deputy Director
Attachment
73
May 2021
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living
factor to compute their appropriation limit by a vote of their governing body. The
cost of living factor provided here is per capita personal income. If the percentage
change in per capita personal income is selected, the percentage change to be
used in setting the fiscal year 2021-22 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2021-22 5.73
B. Following is an example using sample population change and the change in
California per capita personal income as growth factors in computing a 2021-22
appropriation limit.
2021-22:
Per Capita Cost of Living Change = 5.73 percent
Population Change = -0.46 percent
Per Capita Cost of Living converted to a ratio: 5.73 + 100 = 1.0573
100
Population converted to a ratio: -0.46 + 100 = 0.9954
100
Calculation of factor for FY 2021-22: 1.0573 x 0.9954 = 1.0524
74
Fiscal Year 2021-22
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2020 to January 1, 2021 and Total Population, January 1, 2021
County Percent Change
City 2020-2021
Santa Clara
Campbell -0.87
Cupertino -0.99
Gilroy -0.19
Los Altos -0.79
Los Altos Hills -0.33
Los Gatos -0.81
Milpitas -1.97
Monte Sereno -0.50
Morgan Hill 2.32
Mountain View 1.86
Palo Alto -0.71
San Jose -1.12
Santa Clara 2.71
Saratoga -0.99
Sunnyvale -0.28
Unincorporated -1.17
County Total -0.56
--- Population Minus Exclusions ---
1-1-20
41,898
59,244
56,704
30,754
8,418
31,087
77,180
3,622
46,299
81,302
68,125
1,041,466
127,301
30,850
154,252
86,644
1,945,146
1-1-21
41,533
58,656
56,599
30,510
8,390
30,836
75,663
3,604
47,374
82,814
67,642
1,029,782
130,746
30,546
153,827
85,634
1,934,156
Total
Population
1-1-2021
41,533
58,656
56,599
30,510
8,390
30,836
75,663
3,604
47,374
82,814
67,657
1,029,782
130,746
30,546
153,827
85,634
1,934,171
*Exclusions include residents on federal military installations and group quarters residents in state mental
institutions, state and federal correctional institutions and veteran homes.
75
Fiscal Year 2021-22
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2020 to January 1, 2021
County Percent Change
2020-21
---Population
1-1-20
Minus Exclusions ---
1-1-21
San Diego
Incorporated
County Total
-0.34
-0.37
2,801,356
3,282,475
2,791,721
3,270,246
San Francisco
Incorporated
County Total
-1.66
-1.66
889,552
889,552
874,805
874,805
San Joaquin
Incorporated
County Total
1.68
1.48
615,166
768,091
625,484
779,434
San Luis Obispo
Incorporated
County Total
-0.34
-1.76
155,224
271,921
154,703
267,133
San Mateo
Incorporated
County Total
-0.66
-0.75
704,906
770,925
700,233
765,113
Santa Barbara
Incorporated
County Total
0.09
-1.84
305,457
447,142
305,743
438,893
Santa Clara
Incorporated
County Total
-0.54
-0.56
1,858,502
1,945,146
1,848,522
1,934,156
Santa Cruz
Incorporated
County Total
-6.30
-3.41
138,059
270,291
129,368
261,073
Shasta
Incorporated
County Total
0.27
0.17
112,634
177,312
112,937
177,614
*Exclusions include residents on federal military installations and group quarters residents in state mental
institutions, state and federal correctional institutions and veteran homes.
76
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:Finance & Administrative Services Department
PREPARED BY:Dennis Jaw, Finance Manager
SUBJECT:Annual Approval of the City’s Investment Policy -for Fiscal Year 2021/22
RECOMMENDED ACTION:
Review and approve the Investment Policy for Fiscal Year 2021/22.
BACKGROUND:
California Government Code Section 53600 et seq., City of Saratoga Municipal Code Section 2-20.035,
and Section XVI of the City of Saratoga Investment Policy require the City Council to annually review and
approve the City’s Investment Policy.
The Investment Policy lays the foundation for the City’s very safe and conservative investment
management procedures. It serves as the guide for setting and achieving investment objectives, defines
rules,establishes benchmarks, authorizes, restricts and/or prohibits investment instruments, and reduces the
exposure to liability by both staff and City Council. The City’s operational compliance with the annually
adopted investment policy is an element of fiscal discipline considered by the City’s auditors and rating
agencies during their respective reviews.
The investment policy is designed to establish a wide array of authorized and suitable investments in
alignment with State government code; however,the City’s current and ongoing practice is to maintain
investments in the Local Agency Investment Fund (LAIF). LAIF was established in 1977 as an investment
alternative for California's local governments and special districts to offer governmental agencies the
opportunity to participate in a major portfolio which invests tens of billions of dollars annually, using the
investment expertise of the State’s Treasurer’s Office investment staff at no cost to participating agencies.
Investment practices that govern LAIF are conservative. Investment earnings may provide slightly lower
yields than actively managed bond investment portfolios during a healthy economy;however,LAIF is a
safe and proven investment strategy that has historically protected the City against investment losses during
economic downturns.
Under protection by state and federal laws, funds placed on deposit in LAIF are not subject to use by,
borrowing of, or impoundment or seizure by any state official or state agency. The Treasurer’s Office also
maintains Investment Protection Standards that set principles for the investment banks and broker-dealers
to protect investors.
77
REPORT DISCUSSION:
Last year, at the June 17, 2020 Council Meeting, the City Council approved the standard Investment Policy
for FY 2020/21. The FY 2021/22 version is the same policy, with a minor change to a glossary term, which
appears in redline format on the attached Investment Policy (page 8).
In reviewing the objectives of the policy, the City’s investments meet the required elements for Safety,
Liquidity and Return. As of June 7, 2021, $30.2 million is invested in LAIF with a current daily rate of
return of 0.30% (as of May 26, 2021) and an average maturity of 287 days. Last fiscal year, the rate of
return was 1.24% with an average maturity of 194 days. While LAIF interest rates are declining on a steep
trajectory, its current rate of return still exceeds both the one-year U.S. Treasury Bill rate benchmark of
.05%, and the six-month U.S. Treasury Bill rate of .04%.
Staff recommends continuing the currently adopted investment policy for fiscal year 2021/22, but notes the
policy allows for investment maturity terms that range from on-demand to five years should Council
reconsider the practice of limiting investments to LAIF. The Association of Public Treasurers of the United
States and Canada (APT US&C) approved the model of this policy in August 2002, and is also consistent
with the Governmental Finance Officer Association ‘s current Best Practices Investment Policy sample.
ATTACHMENTS:
A: Investment Policy
78
Attachment A
POLICY TITLE: INVESTMENT POLICY – for Fiscal Year 2021/22
REGULATORY COMPLIANCE: California Government Code Section - 53600 et seq.,
City of Saratoga Municipal Code Section - 2-20.035,
City of Saratoga Investment Policy - Section XVI
POLICY EFFECTIVE DATE: July 1, 2021
AMENDMENTS: Annual adoption
CITY COUNCIL APPROVAL: June 16, 2021
I. POLICY:
It is the policy of the City of Saratoga to invest public funds in a manner which
will provide the maximum security with the highest investment return, while
meeting the daily cash flow demands of the City and conforming to all state
and local statutes governing the investment of public funds.
II. SCOPE:
This investment policy applies to all financial assets of the City of Saratoga.
These funds are accounted for in the City of Saratoga's Comprehensive Annual
Financial Report and include:
A. Funds
1. General Fund
2. Special Revenue Funds
3. Internal Service Funds
4. Capital Project Funds
5. Debt Service Funds
6. Trust and Agency Funds
7. Any new fund, unless specifically exempted
B. Exceptions
1. Deferred Compensation Plans – Investments are directed by the individual
plan participants.
2. Debt Service Funds held by trustees – Investments are placed in
accordance with bond indenture provisions.
3. Notes and Loans – Investments are authorized by separate agreements
approved by City Council.
III. PRUDENCE
Investments shall be made with judgment and care, under circumstances then
prevailing, with prudence, discretion and intelligence not for speculation, but for
79
Attachment A
investments, considering the probable safety of capital as well as the probable
income to be derived.
A. The standard of prudence to be used by investment officials shall be applied
in the context of managing an overall portfolio. Investment officers acting in
accordance with written procedures and this investment policy and exercising
due diligence shall be relieved of personal responsibility for an individual
security's credit risk or market price changes, provided deviations from
expectations are reported in a timely fashion and appropriate action is taken
to control adverse developments.
IV. OBJECTIVES
The primary objectives, in priority order, of the City of Saratoga's investment
activities shall be:
A. Safety
Safety of principal is the foremost objective of the investment program.
Investments of the City of Saratoga shall be undertaken in a manner that
seeks to ensure the preservation of capital in the overall portfolio. The
objectives will be to mitigate credit risk and market risk.
1. Credit risk, defined as the risk of loss due to failure of the issuer of a
security, shall be mitigated by investing only in investment grade
securities and by diversifying the investment portfolio so that potential
losses on individual securities will have a minimal impact on the portfolio.
2. Market risk, defined as market value fluctuations due to overall changes
in the general level of interest rates, shall be mitigated by limiting the
average maturity of the City’s investment portfolio to two years and the
maximum maturity of any one security to five years, and by structuring
the portfolio based on cash flow analysis so as to avoid the need to sell
securities prior to maturity.
B. Liquidity
The City of Saratoga's investment portfolio will remain sufficiently liquid to
enable the City of Saratoga to meet all operating requirements, which might
be reasonably anticipated.
C. Return on Investments
The City of Saratoga's investment portfolio shall be designed with the
objective of attaining a rate of return throughout budgetary and economic
cycles, commensurate with the City of Saratoga's investment risk constraints
and the cash flow characteristics of the portfolio.
80
Attachment A
V. DELEGATION OF AUTHORITY
Authority to manage the City of Saratoga's investment program is derived from
the following: California Government Code Section 53600 et seq. and Saratoga
Municipal Code Section 2-20.035. Management responsibility for the investment
program is hereby delegated to the City Manager who shall be responsible for
supervising all treasury activities of the Administrative Services Director and who
shall establish written procedures for the operation of the investment program
consistent with this investment policy. Procedures should include reference to:
safekeeping, delivery vs. payment, investment accounting, wire transfer
agreements, banking service contracts and collateral/depository agreements.
Such procedures shall include explicit delegations of authority to persons
responsible for investment transactions. No person may engage in investment
transactions except as provided under the terms of this policy and the procedures
established by the City Manager. The City Manager shall be responsible for all
transactions undertaken and shall establish a system of controls to regulate the
activities of subordinate officials.
VI. ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from
personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impartial
investment decisions. These officers and employees involved in the investment
process shall disclose to the City Manager any material financial interests in
financial institutions that conduct business with the City. Employees and
investment officials shall refrain from undertaking personal investment
transactions with individuals who conduct business on behalf of the City of
Saratoga.
VII. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City Manager will maintain a list of financial institutions authorized to provide
investment services to the City. In addition, a list will also be maintained of
approved security broker/dealers selected by credit worthiness and who are
authorized to provide investment services in the State of California. These may
include "primary" dealers or regional dealers that qualify under Securities &
Exchange Commission Rule 15C3-1 (uniform net capital rule). No public deposit
shall be made except in a qualified public depository as established by state laws.
All financial institutions and broker/dealers who desire to become qualified
bidders for investment transactions must supply the City Manager with the
following: personal interview, firm description and audited financial statements,
proof of National Association of Securities Dealers (NASD) certification, proof of
State of California registration, completed broker/dealer questionnaire and
certification of having read the City of Saratoga's investment policy and
81
Attachment A
applicable depository contracts. An annual review of the financial condition and
registrations of qualified bidders will be conducted by the City Manager.
A current audited financial statement is required to be on file for each financial
institution and broker/dealer with which the City of Saratoga invests prior to any
transaction.
VIII. AUTHORIZED AND SUITABLE INVESTMENTS
The City of Saratoga is empowered by Government Code Section 53601, and
further limited by this investment policy, to invest in the following types of
securities:
Type Guarantee Limits
Term to
Maturity
LAIF State Fund $40,000,000 On Demand
U.S. Treasury Bills U.S.
Treasury
No Limit 1 Year
U.S. Treasury Notes U.S.
Treasury
No Limit 5 Years
U.S. Govt. Agency Issues
(e.g. FNMA, GNMA)
Federal
Agencies
No Limit 5 Years
Certificates of Deposit
(California Bank or Savings
& Loan Companies)
FDIC/FSLIC
and
Collateral
20% portfolio per
institution; 30%
total portfolio
3 Years
Negotiable Certificates of
Deposit
Issuing
Institution
20% portfolio per
institution; 30%
total portfolio
5 Years
Investment Grade
Obligations of California, or
Local Governments, or
Public Agencies
Public
Entity
20% portfolio per
institution; 30%
total portfolio
5 Years
Money Market Mutual
Funds
Fund 10% portfolio per
institution; 20%
total portfolio
On Demand
Passbook Savings Account
and Demand Deposit
Issuing
Bank
Minimum necessary
for current cash flow
On Demand
82
Attachment A
The City shall not engage in leveraged investing, such as margin accounts, or
any form of borrowing for the purpose of investing.
The City shall not invest in instruments whose principal and interest could be at
risk contrary to Section IV.A of this policy. Examples of these instruments are
options and future contracts. Additionally, the City shall not invest in
"derivatives".
See Glossary for description of above securities.
IX. COLLATERALIZATION
Collateralization will be required on certificates of deposit and other deposit-type
securities. In order to anticipate market changes and provide a level of security
for all funds, the collateralization level will be 110% of market value of principal
and accrued interest, in accordance with California Government Code Section
53651 and 53652.
The City of Saratoga chooses to limit collateral to those listed in Section VIII.
Collateral will always be held by an independent third party with whom the entity
has a current custodial agreement. A clearly marked evidence of ownership
(safekeeping receipt) must be supplied to the City of Saratoga and retained.
The right of collateral substitution may be granted.
X. SAFEKEEPING AND CUSTODY
All security transactions entered into by the City of Saratoga shall be conducted
on a delivery-versus-payment (DVP) basis. Securities will be held by a third -
party custodian, in the City of Saratoga's name and control, designated by the
City Manager and evidenced by safekeeping receipts.
XI. DIVERSIFICATION
The City of Saratoga will diversify its investments by security type and institution.
Limits are provided for in Section VIII. With the exception of U.S. Treasury
securities and authorized pools, no more than 30% of the City of Saratoga's total
investment portfolio will be invested in a single security type or 20% with a single
financial institution.
XII. MAXIMUM MATURITIES
To the extent possible, the City of Saratoga will attempt to match its investments
with anticipated cash flow requirements. Unless matched to a specific cash flow,
83
Attachment A
the City of Saratoga will not directly invest in securities maturing more than five
(5) years from the date of purchase. However, the City of Saratoga may
collateralize its certificates of deposits using longer-dated investments not to
exceed ten (10) years to maturity.
Debt reserve funds may be invested in securities exceeding five (5) years if the
maturities of such investments coincide as nearly as practicable with the
expected use of the funds.
The City of Saratoga will retain a general operating reserve adopted annually by
the City Council. The amount of active deposits and inactive investments with
maturity of one year or less shall always be equal to or greater than the required
general operating reserve. The report discussed in Section XV shall demonstrate
this policy is in effect.
XIII. INTERNAL CONTROL
The City of Saratoga is responsible for establishing and maintaining an internal
control structure designed to ensure that the assets of the City are protected
from loss, theft or misuse. The internal control structure shall be designed to
provide reasonable assurance that these objectives are met. The concept of
reasonable assurance recognizes that (1 the cost of a control should not exceed
the benefits likely to be derived, and (2 the valuation of costs and benefits
requires estimates and judgments by the City Manager and staff.
Accordingly, the City shall establish an annual process of independent review by
an external auditor. This review will provide internal control by assuring
compliance with policies and procedures. The internal controls shall address the
following points:
• Control of collusion.
• Separation of transaction authority from accounting and recordkeeping.
• Custodial safekeeping.
• Avoidance of physical delivery of securities.
• Clear delegation of authority to subordinate staff members.
• Written confirmation of transactions for investments and wire transfers.
• Development of a wire transfer agreement with the lead bank and third-
party custodian.
XIV. PERFORMANCE STANDARDS
The investment portfolio shall be designed with the objective of obtaining a
reasonable rate of return throughout budgetary and economic cycles,
commensurate with investment risk constraints and cash flow needs.
84
Attachment A
A. Market Yield (Benchmark)
The City’s investment strategy is passive. Given this strategy, the benchmark
used by the City of Saratoga to determine whether market yields are being
achieved shall be the one-year U.S. Treasury Bill.
XV. REPORTING
The City Manager is charged with the responsibility of including a market report
on investment activity and returns in the City of Saratoga's Cash and Investment
Report. The report will be in compliance with California Government Code
Section 53646.
XVI. INVESTMENT POLICY ADOPTION
The City of Saratoga's Investment Policy shall be reviewed and adopted by
the City Council annually.
85
Attachment A
GLOSSARY
Asset Allocation
Refers to the division of holdings in a portfolio by asset class. A common strategy is
to hold assets that perform or react differently with the objective to limit or reduce risk.
Benchmark
A point of reference that serves as a standard for performance to be measured against.
Broker
A person or entity registered with the National Association of Security Dealers and
provides investment services and/or execution of services in exchange for
compensation.
Comprehensive Annual Financial Report (CAFR)
The City’s annual financial statements and footnotes, along with an executive summary,
financial outlook, statistical information, and other financial information.
Certificates of Deposit
Commonly called time deposit certificates or time deposit open accounts. These are
nonnegotiable.
Collateralization
Process by which a borrower pledges securities, property or other deposits for the
purpose of securing the repayment of a loan and/or security. Also refers to securities
pledged by a bank to secure deposits of public monies.
Custodian
A bank or other financial institution that keeps custody of stock certificates and other
assets.
Dealer
Someone who acts as a principal in all transactions, including buying and selling from
his/her own account.
Delivery vs. Payment
The preferred method of delivering securities, with an exchange of money for the
securities.
Demand Deposits
A deposit of monies which are payable by the bank upon demand of the depositor.
86
Attachment A
Derivative
Securities that are based on, or derived from, some underlying asset, reference date,
or index.
Dividend
A share of the income divided up amongst shareholders of a company.
FDIC
Federal Depository Insurance Corporation
FSLIC
Federal Savings and Loans Insurance Corporation
Index
A tool used to statistically measure the progress of a group of assets that share
characteristics. This can include a group of stocks, a group of bonds, or a group of
other assets.
Internal Rate of Return (IRR)
The discount rate at which the present value of future cash flows of an investment
equals the cost of the investment. It is determined when the net present value of the
cash outflows (the cost of the investment) and the cash inflows (returns on the
investment) equal zero, the rate of discount being used is the IRR
Liquidity
An asset that can easily and rapidly be converted into cash without significant loss of
value.
Local Agency Investment Fund (LAIF)
The LAIF was established by the State of California to enable treasurers to place funds
in a pool for investments. There is a limitation of $30 million per agency subject to a
maximum of ten (10) total transactions per month. The City uses this fund when
market interest rates are declining as well as for short-term investments and liquidity.
Money market mutual funds
Mutual funds that invest in short term securities and strive to maintain a share price
of $1.
Negotiable certificates of deposit
A bank deposit issued in negotiable form (i.e., one that can be bought or sold in the
open market).
Passive Investment Strategy
An approach to managing the investment portfolio, which entails a “buy and hold”
strategy in which investments are generally held until they mature.
87
Attachment A
Portfolio
Combined holding of more than one stock, bond, commodity, cash equivalent or other
asset. The purpose of a portfolio is to reduce risk through diversification.
Primary Dealer
A group of government securities dealers that submit daily reports of market activity
and security positions held to the Federal Reserve Bank of New York and are subject
to its oversight.
Rate of Return
The total income received over a period of time, including interest income, accretion
of discount, amortization of premium, and change of market value; usually expressed
as a percentage or in decimal format.
Regional Dealer
A dealer who is not a primary dealer, and therefore not monitored by the Federal
Reserve, but is registered with the Securities and Exchange Commission.
Safekeeping
Offers storage and protection of assets provided by an institution serving as an agent
U.S. Treasury Bills
Commonly referred to as T-Bills these are short-term marketable securities sold as
obligations of the U.S. Government. They are offered in three-month, six-month and
one-year maturities. T-Bills do not accrue interest but are sold at a discount to pay face
value at maturity.
U.S. Treasury Notes
These are marketable, interest-bearing securities sold as obligations of the U.S.
Government with original maturities of one to ten years. Interest is paid semi-annually.
U.S. Government Agency Issues
Include securities, which fall into this category. Issues, which are unconditionally,
backed by the full faith and credit of the United States, e.g. Small Business
Administration Loans.
Yield
The yield refers to the interest on a bond or the dividends paid on a stock or mutual
fund. Yield also includes expected capital gain or loss.
88
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:Finance & Administrative Services
PREPARED BY:Mary Furey, Administrative Services Director
SUBJECT:Resolution to Establish Property Tax Levy for Debt Service Payments on the Library
General Obligation Bonds
RECOMMENDED ACTION:
Adopt the attached resolution to establish the property tax levy rate to provide for the Library General
Obligation Bond's debt service payment at $.0044 per $100 of Assessed Valuation.
BACKGROUND:
In March 2000, the citizens of Saratoga voted to approve a $15,000,000 General Obligation (GO) Bond
issuance to pay for improvements to the Saratoga Community Library Building.
GO Bonds are tax-exempt debt obligations secured by the City’s statutory authority to levy ad valorem
taxes on real and personal property located within city boundaries for payment of the bond’s principal,
interest, and administrative expenses. The County of Santa Clara collects the GO Bond levy along with
property taxes, and subsequently remits the assessments to the City. The City in turn, dispenses payments
on behalf of the bond debt. The City does not receive revenue for this administrative obligation, nor expend
any City funds for the bond debt.
In May 2001, the City issued the 2001 Series General Obligation Bonds with debt service payments
beginning in February 2002. At the time of issuance, competitive interest rates ranged between 5 and 6%.
With interest rates falling to historic lows in 2011, and with the GO Bonds becoming eligible for redemption
without penalty in year 10, it was financially advantageous for the City to refund the outstanding bond debt.
On August 1, 2011, the City refunded the 2001 Series General Obligation Bonds saving the City’s residents
$2,677,041 in interest over the remaining twenty years of the bond term.
In order to assess a levy on the City’s property owners to fund debt service payments, the County of Santa
Clara requires local jurisdictions to adopt a resolution each year that establishes the annual tax levy rate.
The tax levy rate may adjust from year to year due to ongoing increases in property values that result in
higher tax receipts.
REPORT DISCUSSION:
Santa Clara County’s Auditor-Controller’s Office does not provide a final secured Assessed Valuation (AV)
report for the upcoming fiscal year until a week or two before the tax levy rate is due to the County on
August 1st. This does not leave sufficient time for the Council to approve the levy based on the actual AV
amount;therefore, the tax rate calculation uses an estimate from the Assessor’s June 1st Secured Property
Roll Growth Comparison report each year.
89
In the initial years of the bond servicing, the bond rate was set too high and resulted in fund balance a good
amount in excess of the GO Bond Debt Service Reservepayments requirements. Beginning in FY 2009/10,
the property tax levy rate was calculated to bring in less than the debt service payment requirement in order
to reduce the accumulated fund balance. However, this effort was diluted by the lowering of debt service
payment requirements when the bond was refunded in August 2011, and the surprisingly rapid pace of
property values since the end of the recession in 2012. To counter the ongoing accumulation, the bond
rates were lowered further each year to offset the growth.
In FY 2019/20, the tax rate was lowered enough to reduce the GO Bond Debt Fund’s reserve balance to
approximately the level it should be at each year end. With that accomplished, and with what was an
expected slowdown in assessed valuation increases, the rate was set at approximately the amount of actual
funding requirements. However, the Covid-19 Shelter-in-Place Orders prompted a significant jump in
housing demand and pushed property prices up, increasing the City’s assessed valuations up further, and
again bring in more revenue than expected in FY 2020/21. To offset this increase, the rate must again be
lowered to reduce fund balance.
Fiscal Year 2021/22 Bond Payments
There are two debt service payments each year: a principal and interest payment in August, and an interest
only payment in February. This means that the prior year’s year-end Debt Service Fund Balance Reserve
must provide funding at least equal to the larger August debt service payment, as this payment is made prior
to the City receiving property tax levies in the following January. The estimated FY 2020/21 ending fund
balance is $795,000, and the August debt service payment is approximately $708,000; meaning there is
approximately $87,000 more than necessary. Attachment A details the debt service schedule.
The Library bond’s annual debt service and estimated administrative fees for next fiscal year are:
FY 2021/22 Debt Service
Debt Service – Principal $ 565,000
Debt Service – Interest $ 278,260
Debt Service – Fees $ 2,000
Total Annual Debt Service $ 845,260
The Tax Assessor’s June 1, 2021 roll lists the City of Saratoga’s Total Assessed Valuation (AV) on the
Current Assessor’s Working File (CAWF) Roll for FY 2021/22 at $17,719,594,353. This amount will be
automatically increased by 2% for the July 1st roll to represent the maximum annual increase. The annual
recovery levy rate per $100 of this July 1st estimated increased valuation of $18,073,986,240 is determined
by factoring the AV amount into the Total Debt Service expenditure amount:
Fully Funded Levy Calculation
Debt Service recovery amount $ 845,260
Divided per $100 of estimated valuation $ 180,739,862
Fully Funded Levy Rate 0.004677
With the expectations that assessed valuation growth will continue to increase before finalized for the July
1st valuation date, the tax levy assessment rate is set under the recovery rate to ensure a measured pace of
reduction. This change requires a decrease from the prior year’s assessment rate, from .0046 down to .0044
for FY 2021/22, and is expected to bring in an estimated $800,000 of tax assessment receipts – about
$45,000 less than debt service.
Reduced Levy Calculation
AV divided per $100 of estimated valuation $ 180,739,862
Reduced Property Tax Levy Rate . .0044
Reduced Levy Rate $ 795,255
90
Under the 2% Assessed Valuation increase expectation and a .0044 rate, the estimated Debt Service Fund’s
Fund Balance Reserve at FY 2021/22 year-end will be $749,797. This continues the effort to lower the
tax levy rate to reduce year-end fund balance close to $700,000, while also being cautious to slowly reduce
fund balance. As property’s assessed valuations continue to climb, this rate will need to be lowered to
match the debt service payments.
On resident’s property tax bill, the proposed assessment is equivalent to $44 per $1,000,000 of assessed
valuation. As the tax levy assessment specifically funds the annual debt service requirements for the voter-
approved General Obligation Bond, tax revenue receipts and expenditures are accounted for in the stand-
alone Library Bond Debt Service Fund.
Library General Obligation Bond
Tax Levy Rate History
For historical reference, the schedule on the left lists the City’s adopted annual property tax levy rates since
first assessed in FY 2001/02, and the chart illustrates a rate decrease since FY 2008/09, the significant drop
in FY 2019/20 to right size the fund balance amount, and the leveling of the rates since:
Council options include approving the recommended tax levy rate,
approving an alternative property tax levy rate, or not levying a tax. If a
property tax levy is not submitted, the Santa Clara County Tax Assessor
will not collect a levy, meaning the City would have to provide any
remaining funds needed to prevent default on the bond debt.
A certified copy of the adopted resolution setting the property tax levy for
the Library General Obligation Bond will be sent to the Santa Clara County Assessor’s Office no later than
August 1st.
ATTACHMENTS
A.General Obligation Bond Debt Service Schedule
B.Resolution authorizing the Tax Rate Levy for the General Obligation Bonds and to report the levy
rate to the Santa Clara County Tax Collector.
Fiscal Year Rate
2001/02 0.0167
2002/03 0.0165
2003/04 0.0121
2004/05 0.0148
2005/06 0.0117
2006/07 0.0096
2007/08 0.0113
2008/09 0.0104
2009/10 0.0094
2010/11 0.0094
2011/12 0.0088
2012/13 0.0080
2013/14 0.0074
2014/15 0.0070
2015/16 0.0065
2016/17 0.0060
2017/18 0.0056
2018/19 0.0046
2019/20 0.0040
2020/21 0.0046
2021/22 0.00440
91
Attachment A
August August February Fiscal Year Bond
Fiscal Interest Annual Interest Interest Annual Debt Principal
Year Rate Principal Payment Payment Interest Service Balance @ YE
Bond Refunding Date - August 1, 2011 - -
2011/12 2.000%- - 228,211 228,211 228,211 11,995,000
2012/13 2.000%455,000 208,518 203,968 412,485 867,485 11,540,000
2013/14 2.000%485,000 203,968 199,118 403,085 888,085 11,055,000
2014/15 2.000%495,000 199,118 194,168 393,285 888,285 10,560,000
2015/16 2.000%500,000 194,168 189,168 383,335 883,335 10,060,000
2016/17 3.000%475,000 189,168 182,043 371,210 846,210 9,585,000
2017/18 3.000%485,000 182,043 174,768 356,810 841,810 9,100,000
2018/19 4.000%500,000 174,768 164,768 339,535 839,535 8,600,000
2019/20 4.000%525,000 164,768 154,268 319,035 844,035 8,075,000
2020/21 4.000%545,000 154,268 143,368 297,635 842,635 7,530,000
2021/22 3.000%565,000 143,368 134,893 278,260 843,260 6,965,000
2022/23 4.000%580,000 134,893 123,293 258,185 838,185 6,385,000
2023/24 4.000%610,000 123,293 111,093 234,385 844,385 5,775,000
2024/25 4.000%630,000 111,093 98,493 209,585 839,585 5,145,000
2025/26 3.500%655,000 98,493 87,030 185,523 840,523 4,490,000
2026/27 3.500%685,000 87,030 75,043 162,073 847,073 3,805,000
2027/28 3.700%705,000 75,043 62,000 137,043 842,043 3,100,000
2028/29 4.000%730,000 62,000 47,400 109,400 839,400 2,370,000
2029/30 4.000%760,000 47,400 32,200 79,600 839,600 1,610,000
2030/31 4.000%790,000 32,200 16,400 48,600 838,600 820,000
2031/32 4.000%820,000 16,400 - 16,400 836,400 -
TOTALS 11,995,000 2,601,993 2,621,686 5,223,678 17,218,678
Total Bond Principal 11,995,000$
Total Bond Interest 5,223,678
Total Cost of Bond 17,218,678$
City of Saratoga
2011 Series General Obligation Bonds
Debt Schedule
11,995,000$
92
Attachment B
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
ESTABLISHING THE FY 2021/22 PROPERTY TAX ASSESSMENT RATE
FOR DEBT SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BOND
WHEREAS, in March 2000, the citizens of Saratoga approved an increase in their property tax
rate to pay for the debt service and other expenses of the general obligation bonds for the re-
construction of the Library; and
WHEREAS, the general obligation bonds were originally sold on April 24, 2001; and
WHEREAS, the original general obligation bonds were refunded on August 1, 2011; and
WHEREAS, it is necessary for the City Council of the City of Saratoga to establish an annual
property tax levy rate to provide funds for the debt service payments and related expenditures
during the fiscal year,
NOW, THEREFORE,be it resolved by the City Council of the City of Saratoga that the FY
2021/22 Property Tax Levy rate for debt service on the Library General Obligation Bonds be
established at $.0044 per $100 of assessed valuation.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16
th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, City Clerk
93
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:Public Works Department
PREPARED BY:John Cherbone, Public Works Director
SUBJECT:One Year Contract for Saratoga to Sanborn Trail Maintenance –Santa
Cruz Mountains Trail Stewardship (SCMTS) in the amount of $45,000
RECOMMENDED ACTION:
Approve a one-year contract for Saratoga to Sanborn Trail Maintenance with Santa Cruz
Mountains Trail Stewardship (SCMTS)in the amount not to exceed $45,000 and authorize the City
Manager to execute the same.
BACKGROUND:
The Saratoga to Sanborn Trail is a unique trial in the City’s trail network. The 3.5-mile-long trail
that connects Quarry Park to Sanborn Park runs through very steep terrain. The trail required 4
bridges and approximately 1000 sf of hand built retaining walls. This special trail requires regular
maintenance as well as unforeseen repairs especially during the winter months.
SCMTS has the necessary skills and volunteer network to perform trail surface maintenance as well
as periodic repairs. SCMTS is the rename of the contractor who built the trail, Mountain Bikers of
Santa Cruz.
Regular maintenance of the trail surface will cost $10,000 per year and $35,000 per year will be
reserved for repairs as they arise.
ATTACHMENTS:
Attachment A –Maintenance Service Contract
94
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 1 of 4
City of Saratoga
Construction/Maintenance Contract for Project of $200,000 or Less
This agreement is made at Saratoga, California by and between the City of Saratoga, a municipal
corporation (“City”), and ______________________________________
(“Contractor”), who agree that:
1. Purpose of Contract.
Construction Contract (if for more than $25,000, Contractor is required to provide bonds in
accordance with Exhibit B-1.)
Maintenance Contract
This is a contract for:
The purpose of the contract is more specifically described in Exhibit A attached hereto (“Scope of Work
and Payment Terms”). If designated as a Construction Contract above, the City has solicited informal
bids and selected Contractor to perform the work in accordance with Article 3 of Chapter 2, Part 3,
Division 2 (commencing with Section 22030) of the California Public Contract Code and Article 12-15 of
the City of Saratoga Municipal Code.
2. Term.
Start Date: End Date:
(If Start Date is left blank, start date will be date
last signed below.)
Or upon project completion, whichever occurs
first.
Payment. City shall pay Contractor for work product produced and any authorized reimbursable costs
pursuant to this agreement an amount not to exceed the total sum of:$ _________________.
If this contract is for more than one year, the maximum payment amount for each year is set forth in
Exhibit A.
This contract is a (check one):
Unit Price Contract
Lump Sum Contract
Hourly Rate Contract
Task Based Contract
See Exhibit A- ____ incorporated by this reference for additional payment term information.
Santa Cruz Mountains Trail Stewardship Saratoga to Sanborn Trail Annual Maintenance FY21-22
Santa Cruz Mountains Trail Stewardship
✔
Saratoga to Sanborn Trail Annual Maintenance FY21-22
07/01/2021 06/30/2022
45,000.00
✔
✔
✔5
95
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 2 of 4
Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this
agreement until Contractor has filed the business license numbers of all subcontractors and has received
of a fully executed notice to proceed from the Primary Representative.
3. Contract Administration. The authorized representatives of City and Contractor for Contract
administration are listed below. The City’s primary representative is the Administrator.
Contractor:
Contractor Name:
Contact Person:
Street Address:
City, State, Zip:
Telephone(s):
Fax:
Email Address:
Saratoga Business Lic. #:
Contractors’ Lic. #:
Dept. of Industrial
Relations Reg. #:
City of Saratoga
Department:
Primary Representative:
Street Address:
City, State, Zip:
Telephone:
Fax:
Email Address:
Santa Cruz Mountains Trail Stewardship Saratoga to Sanborn Trail Annual Maintenance FY21-22
Santa Cruz Mountains Trail Stewardship
Drew Perkins
719 Swift Street, Suite #7
Santa Cruz, CA 95060
1-805-708-8939
drew@santacruztrails.org
BUS-021781
1050446
1000461941
Public Works Department
Shawn Gardner
19700 Allendale Avenue
Saratoga, CA 95070
1-408-868-1246
1-408-868-1246
sgardner@saratoga.ca.us
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$200,000 or Less
Page 3 of 4
4. Addresses for Notice. Notices or communications shall be given to the parties at the addresses
set forth in section 4 (“Contract Administration”) unless otherwise designated in a written notice to the
other party. In addition, notices to the City shall be copies to:
James Lindsay
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Debbie Bretschneider
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
5. Change of Address. Any party hereto, by giving ten (10) days written notice to the other, may
designate any other address as substitution of the address to which the notice or communication shall be
given.
6. Insurance and Bonds. Contractor agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B. Certificates of such insurance and copies of the insurance policies and
endorsements shall be delivered to City within ten (10) days after being notified of the award of the
contract, and before execution of this agreement by the City.
If this contract is for works of improvement and has a value of more than $25,000 it includes an Exhibit
B-1 and Contractor shall provide bonds in accordance with the requirements of that exhibit.
7. General Provisions. City and Contractor agree to and shall abide by the general provisions set
forth in Exhibit C.
8. Supplemental Provisions. If one or both boxes are checked below, this agreement includes
supplemental provisions described in connection with the checked box(es):
This agreement is funded in whole or in part by an entity other than City. Contractor shall comply
with all rules and regulations required by such funding entity. Applicable funding entity
requirements are set forth in Exhibit D. Nothing in this paragraph or in the funding entity
requirements shall be construed to relieve Contractor of its duty to ensure that it is in compliance
with all applicable laws and regulations.
Exhibit E sets forth provisions regarding:
9. Exhibits. All exhibits referred to in this agreement are attached hereto and are by this reference
incorporated herein and made a part of this agreement.
10. Entire agreement. This agreement supersedes any and all agreements, either oral or written,
between the parties with respect to Contractor's completion of the Scope of Work on behalf of City and
contains all of the covenants and agreements between the parties with respect to the rendering of such
services in any manner whatsoever. No amendment, alteration, or variation of the terms of this agreement
shall be valid unless made in writing and signed by the parties hereto.
11. Authority to Execute agreement. Each individual executing this agreement represents that he or
she is duly authorized to sign and deliver the agreement on behalf the party indicated and that this
agreement is binding on such party in accordance with its terms. This agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument.
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$200,000 or Less
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IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Contractor City of Saratoga
Signature James Lindsay, City Manager
Date:
Signer Name
ATTEST:
Signer Title
Date: Debbie Bretschneider, City Clerk
Contract Description: Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
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Saratoga to Sanborn Trail Annual Maintenance
FY21-22
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$200,000 or Less – Exhibit A
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City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A – Scope of Work and Payment Terms
Contractor shall perform the work described below in strict accordance with all plans, specifications, and
other Contract Documents. The term “Contract Documents” means this agreement, all documents
attached to or otherwise made a part of this agreement, including but not limited to those identified in this
Exhibit A, all certificates of insurance and any bonds required by this agreement, and Section 9 of the
State of California, Department of Transportation Standard Specifications for Construction of Local
Streets and Roads (2015) which includes procedures for determination of payments, compensation for
extra work by force account, partial payments, and final payments. Where there is a conflict between the
requirements of the several Contract Documents the more stringent requirements shall govern except with
respect to conflicts with the proposal in which case the other Contract Documents shall govern. The
contractor shall also invoice the City in accordance with the payment terms shown below.
Summary of Scope of Work & Payment Terms:
AND/OR See Exhibit(s) A- ____ incorporated by this reference.
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Work to be Performed: The Work is described in the documents checked below which are incorporated
into and hereby made a part of this agreement:
Notice Inviting Bids dated _______________________
(It is important to list this as the bid notice date is used to determining the prevailing wage rates
that will apply to the work performed under the contract.)
Proposal dated _______________________
(In addition to description of work, license numbers for contractor and all subcontractors, and not
to exceed amount, for unit price contracts proposal must include unit prices.)
Construction/Maintenance Services General Conditions included as Exhibit A-1.
Contractor Safety Agreement included as Exhibit A-2
City of Saratoga Department of Industrial Relations Reporting information included as Exhibit A-3.
Plans prepared by ______________________________________,
dated _______________________.
Specifications as indicated below (check appropriate box):
Technical Specifications prepared by
____________________________________________,
dated _______________________.
Caltrans Standard Specifications for the Construction of Local Streets and Roads, 2015
Edition, English Units (1-9).
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies,
equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and
fully perform and complete the work.
Contract Time: Contractor shall complete the Work no later than __________________.
If the term “working days” is used here it means any day other than a Saturday, Sunday, or day on which
the City offices are closed in observance of a state or federal holiday; a list of holidays observed by the
City may be obtained from the Primary Representative.
(Indicate specific calendar date for completion. Consider whether interim milestones are appropriate. If
circumstances make it impractical to specify a completion date, calendar or working days may be used.)
Warranty: Contractor warrants to City that all materials and equipment furnished shall be new, free
from faults and defects and of good quality and fit for the purpose intended. Contractor hereby warrants
its work against all deficiencies and defects for the following number of months or the longest period
permitted by the law of this State, whichever is more, or as otherwise provided in the Contract
Documents.
Number of Months Text:
Santa Cruz Mountains Trail Stewardship Saratoga to Sanborn Trail Annual Maintenance FY21-22
✔6/8/2021
✔
✔
✔
na
twelve
100
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 3 of 3
Number of Months Numeric:
License Classification: In accordance with Section 3300 of the California Public Contract Code, the
City has determined that the Contractor shall have a License as described below at the time it submits its
bid to the City and at all times it is performing the Work.
License Classification:
Liquidated Damages: If Contractor fails to complete the Work within the Contract Time, the City will
sustain damage. The actual occurrence of damages and the actual amount of the damages which the City
would suffer if the Work were not completed within the Contract Time would be impracticable and
extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not
limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss
suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages
which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time
specified below:
Dollars Per Day Written:
Dollars Per Day Numerical:
for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor
agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that
the City may deduct the amount thereof from any monies due or that may become due to the Contractor
under the Contract.
Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during
the delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of
subcontractors due to such causes, provided that the Contractor shall within five (5) days from the
beginning of any such delay notify the Administrator, in writing, of the causes of delay. The
Administrator shall ascertain the facts and the extent of delay, and the Administrator’s findings thereon
shall be final and conclusive.
General and Special Conditions: Without limiting the generality of the foregoing, Contractor shall
comply with the following special conditions:
Special Conditions:
Santa Cruz Mountains Trail Stewardship Saratoga to Sanborn Trail Annual Maintenance FY21-22
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General Class A
na
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Contractor: Project Name:
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$200,000 or Less – Exhibit A-1
Page 1 of 5
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-1 – Construction/Maintenance Services General Conditions
The following general conditions apply to all services being provided pursuant to this contract.
1. Warranty and Guarantee.
A. Contractor warrants to City that all materials and equipment furnished shall be new, free from
liens, encumbrances, faults and defects, and of good quality and fit for the purpose intended.
B. Contractor warrants and guarantees for the time period defined on page 2 of Exhibit A, or the
longest period permitted by the law of this State, whichever is greater, or as otherwise provided
in the Contract Documents, that the materials and necessary for the Work shall operate as
provided for in the Contract Documents. During the term of this warranty, Contractor shall,
without delay, provide all materials, parts and labor, at its own expense, which are necessary to
repair and/or correct any and all defects, installation or operational failures in the materials and
equipment from any cause so that said Work will function successfully as originally
contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the
expense of correction of any failure in the materials and equipment that is caused by the sole or
active negligence or willful misconduct of the City. Should Contractor fail to act promptly or in
accordance with this requirement, or should the situation require that repairs or replacements be
made before Contractor can be notified, the City may, at its option, make the necessary repairs
or replacements or perform the necessary work and Contractor shall pay to the City the actual
cost of such repairs. Contractor shall also pay to the City any attorneys’ fees incurred to enforce
the obligations herein.
2. Conduct of the Work. Contractor shall:
• Do all things necessary to faithfully perform and complete the Work in a competent
manner.
• All work shall be performed by experienced personnel directly employed and supervised
by the Contractor. The Contractor shall provide management and technical supervision
daily through competent supervisor as required.
• The Contractor shall be responsible for the skills, methods and actions of all employees.
• The Contractor shall cooperate to enable the Administrator to determine the Contractor’s
conformity with these specifications and the adequacy of the work being performed. The
Contractor shall give personal daily supervision of the work and be available for
consultation with the Administrator or an engineer or inspector designated by
Administrator.
• Submit all required samples, product data, certificates, operations and maintenance
instructions, guarantees, and other submittals no later than five (5) days after the date the
City issues a Notice to Proceed.
• Ensure all necessary permits and approvals for the Work have been obtained.
• Protect all materials to be used in the Work in accordance with the specifications.
• Protect existing facilities and personal property.
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• Remove from the project site all debris resulting from performance of the Work no less
often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours'
notice to Contractor, clean up the site and deduct the cost from the Contract Price.
• For projects scheduled to require more than three (3) days to complete, prepare and
submit a written daily activity report to City for each day on which work is performed,
including weekends and holidays when worked, and submit the reports to the City no
later than the next day that the City is open for business. The daily reports shall, at a
minimum, include the following information: construction activities and locations, start
or completion of activities, progress on construction activities (including units or portions
of work completed), tests or inspections performed, deliveries of material or equipment,
delays or potential delays, visitors to the site, weather conditions, construction equipment
used, and personal injuries or damage to property.
• Unload, hoist and otherwise handle its own materials, supplies and equipment.
• Keep itself fully informed of all applicable laws including existing and future state and
federal laws and county and municipal ordinances and regulations which in any manner
affect those engaged or employed in the work, or the materials used in the work, or which
in any way affect the conduct of work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same.
• Observe and comply with, and cause all of its agents and employees to observe and
comply with, all such applicable laws; and shall protect and indemnify the City, and all
elected officials, officers, employees, and agents thereof connected with the Work,
against any claim or liability arising from or based on the violation of any such law,
ordinance, regulation, order, or decree. If any discrepancy or inconsistency is discovered
in the plans, drawings, specifications, or contract for the work in relation to any such law,
ordinance, regulation, order or decree, Contractor shall forthwith report the same to the
Administrator in writing.
• Set up, identify, coordinate, provide safe access, and obtain all inspections for its work,
as required by any authorized agency or applicable code, prior to covering up work.
3. Progress of The Work.
A. Contractor shall perform all work during the hours of 7:00 a.m. to 6:30 p.m., Monday
through Friday unless otherwise specified in the Special Provisions or authorized by the
City in writing. If the Contractor wishes to work during any other hours or on weekends,
written permission must be received from the City. The request must be received at least
two (2) working days in advance of any work. No work will be allowed on legal holidays
except in the case of an emergency. A listing of holidays observed by City is on file in
the office of the Administrator. If Contractor requests overtime work in which the City
will incur costs, Contractor shall be responsible for payment of the City’s costs incurred
in connection with the overtime work. The City will invoice the Contractor at time and
one half to cover the costs incurred. If Contractor does not pay the invoice within ten
days, the City may deduct the amount billed from other payments due or to become due
to Contractor under the Contract.
B. The Administrator or Administrator’s designee shall have the authority to suspend the
Work, wholly or in part, for such a period as the Administrator may deem necessary.
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4. Changes in Work.
A. Contractor shall make no changes in the Work without written direction from the City.
Contractor shall not be compensated for any change made without any such written
direction. No changes in the Work covered by this agreement shall exonerate any surety
or any bond given in connection with this agreement.
B. If the City directs the Contractor in writing to make changes in the Work that materially
affect the cost of performing the Work, the Contract Price will be adjusted based on one
of the following:
i. Where the work involved is covered by unit prices contained in the Contract
Documents, by application of unit prices to the quantities involved in the
changed Work;
ii. By establishment of new unit prices and related quantities for the changed Work;
iii. By a combination of existing and new unit prices and related quantities for the
changed Work; or
iv. By mutual acceptance of a lump sum.
C. If the City directs the Contractor in writing to make changes in the Work that Contractor
demonstrates materially affect the time required to perform the work, the City will make
a reasonable adjustment to the Contract Time.
5. Inspection and Protection of Work.
A. Contractor shall make the Work accessible at all reasonable times for inspection by the
City. Contractor shall, at the first opportunity, inspect all material and equipment
delivered to the jobsite by others to be used or incorporated in the Contractor's work and
give prompt notice of any defect therein. Contractor assumes full responsibility to
protect the work done hereunder until final acceptance by the City.
B. When the Work is completed, Contractor shall request, in writing, a final inspection.
Within ten (10) days of the receipt of such request, the City shall make a final inspection.
The Contractor or its representatives may be present at the final inspection. The purpose
of such final inspection shall be to determine whether the Work has been completed in
accordance with the Contract Documents, including all change orders and all
interpretations and instructions previously issued.
6. Utility Facilities.
A. The Contractor shall protect from damage any utility facilities that are to remain in place,
be installed, relocated or otherwise rearranged.
B. Attention is directed to the possible existence of underground facilities not known to the
City, or in a location different from that which is shown on the plans or in the Special
Provisions. The Contractor shall take all steps reasonably necessary to ascertain the exact
location of all underground facilities prior to doing work that may damage such facilities
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$200,000 or Less – Exhibit A-1
Page 4 of 5
or interfere with their service, including but not limited to calling USA utility locator
service to mark utilities.
C. If Contractor while performing the Work discovers utility facilities not identified in the
Contract Documents, Contractor shall immediately notify the City and the utility
provider. City shall arrange the removal, relocation, or protection of existing main or
trunk line utility facilities located at the site of the Work but not identified in the
Contract.
D. If the Contractor is required to locate, repair damage not due to the Contractor’s failure to
exercise reasonable care, and remove or relocate existing main or trunk line utility
facilities, it shall be compensated under the Changes in Work section of this Contract,
including payment for equipment on the Project necessarily idled during such work.
E. Contractor will not be entitled to damages or additional payment for delays caused solely
by the failure of City, or the utility provider, to provide for removal or relocation of
existing main or trunk line utility facilities not identified in the Contract Documents,
except for equipment necessarily idled during such work.
F. Contractor shall not be assessed liquidated damages for delay in completing the Work
solely attributable to the failure of City, or the owner of the utility, to provide for removal
or relocation of existing main or trunk line utility facilities not indicated in the Contract
Documents with reasonable accuracy.
G. The right is reserved by the City and its authorized agents, to enter the job for the purpose
of making such changes as are necessary for the rearrangement of its facilities or for
making necessary connections or repairs to their properties. The Contractor shall
cooperate with forces engaged in such work and shall conduct operations in such a
manner as to avoid any delay or hindrance to the work being performed by such other
forces.
7. Differing Site Conditions.
A. The Contractor shall promptly, and before the following conditions are disturbed, notify
the City in writing of any:
i. Material that the Contractor believes may be hazardous waste, as defined in Section
25117 of the California Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing
law;
ii. Subsurface or latent physical conditions at the site differing materially from those
indicated by information about the site made available to bidders prior to the
deadline for submitting bids; or
iii. Unknown physical conditions at the site of any unusual nature, differing materially
from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in this Contract.
B. The City shall promptly investigate the conditions, and if it finds that such conditions do
materially so differ, or do involve hazardous waste, and cause an increase or decrease in
the Contractor's cost of, or the time required for, performance of any part of the Work, it
shall issue a change order under the provisions described in the Contract Documents.
C. No claim of the Contractor under this section 6 shall be allowed unless the Contractor has
given the notice required in the Contract Documents.
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D. In the event a dispute arises between the City and the Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase
in the Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from completing the Work. The Contractor shall proceed
with all work to be performed under the Contract. The Contractor shall retain any and all
rights provided either by this Contract or by law which pertain to the resolution of
disputes and protests.
8. Cooperation and Care.
A. Should construction be under way by the City, other agencies or other contractors within
or adjacent to the limits of the work specified or should work of any other nature be
under way by other forces within or adjacent to said limits, the Contractor shall cooperate
with all such other contractors or other forces to the end that any delay or hindrance to
their work will be avoided. The City reserves the right to perform other or additional
work at or near the site (including material sources) at any time, by the use of other
forces.
B. Until the final acceptance of the work, the Contractor shall have the charge and care of
the Work and of the materials to be used therein, including materials for which partial
payment has been received. The City shall not be held responsible for the care or
protection of any material or parts of the Work prior to final acceptance, except as
expressly provided in the Special Provisions.
9. Time.
A. Time is of the essence of this agreement. Contractor shall provide City with scheduling
information in a form acceptable to City, including any changes made by City in the
scheduling of work. Contractor shall coordinate its work with that of all other
contractors, subcontractors and suppliers so as not to delay or damage their performance.
It is further agreed that in case Contractor fails to complete the Work in all parts and
requirements within the Contract Time set forth in Exhibit A, the City shall have the right
to extend the Contract Time or not, as may seem best to serve the interest of the City; and
if it decides to extend the Contract Time, City shall further have the right to charge to the
Contractor, its heirs, assigns or sureties, and to deduct from the payment for the Work, all
or any part, as it may deem proper, of the actual cost of engineering, inspection,
superintendence, and other overhead expenses which are directly chargeable to the
Contract, and which accrue during the period of such extension. In the event that
Contractor's work is delayed for any reason, including acts of City, Contractor's sole
remedy shall be an extension of time equal to the period of delay, provided Contractor
has given City written notice of the commencement of delay within 48 hours of its
occurrence. If the City accepts any work or makes any payment under this agreement
after a default by reason of delays, the payment or payments shall in no respect constitute
a waiver or modification of any agreement provisions regarding time of completion and
liquidated damages.
-End of Exhibit A-1
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$200,000 or Less – Exhibit A-2
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City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-2 City of Saratoga Contractor Safety Assurances
The City of Saratoga requires that all work done on City property or otherwise on behalf of the City is
performed in accordance with the State’s environmental health and safety laws, codes and regulations.
To this end, please initial and check the following form in the appropriate boxes. Failure to do so may
affect your contract with the City of Saratoga. Please note that for the purposes of this document, you are
referred to as “Contractor.” This checklist must be updated annually or anytime changes occur. Contractor
will provide the City with any documents referenced below within 24 hours of the request.
Safety Measures 1 and 2 are required.
SAFETY MEASURE
1. A. Contractor has either a written Injury and Illness Prevention Plan compliant with 8CCR3203, OR
B. Contractor has fewer than 10 employees, but agrees all work will be performed in compliance with all laws,
codes, regulations and best standard practices to protect personnel, the environment, and property.
2. Contractor will provide the City of Saratoga a copy of their accident investigation report within 24 hours for
each accident that occurs during the performance of the contract.
Please respond YES, NO, or N/A for each item on the list. YES NO N/A
3. Contractor has and can provide the City of Saratoga with a copy of their Hazard
Communication program if their employees will be using any chemicals on the job.
4. Contractor will provide the City of Saratoga a copy of the SDS (Safety Data Sheet)
for each chemical brought onto the site.
5. Contractor has and can provide the City of Saratoga a copy of the Hazardous Waste
disposal plan for any hazardous wastes generated during the job.
6. Contractor has and can provide the City of Saratoga a copy of their Lockout/Tagout
program if any work is to be done on any sources of hazardous energy.
7. Contractor has and can provide the City of Saratoga a copy of their Electrical Safety
program if any electrical work is to be performed.
8. Contractor has and can provide the City of Saratoga a copy of their Fall Protection
program if any work is to be performed that would require it.
9. Contractor has and can provide the City of Saratoga a copy of the Confined Space
program if any confined spaces are to be entered.
10. Contractor has and can provide the City of Saratoga a copy of their Heat Stress
training certifications for employees if those employees occasionally work outdoors
for two or more hours/day.
Contractor:
____________________________________________________
(print company name) hereby certifies that the foregoing is true and correct.
Contractor Signature Above Primary Representative Acceptance Above
Print Name & Title & Date Above Print Name & Title & Date Above
-End of Exhibit A-2-
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$200,000 or Less – Exhibit A-3
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-3 City of Saratoga Department of Industrial Relations Reporting
The City of Saratoga has the obligation to report this contract to the Department of Industrial
Relations (DIR) and provide various information including that specified below. For the
purposes of this document, you are referred to as “Contractor.” Upon completion of this form
send it to your Contract Administrator at the City of Saratoga. The City will not approve this
contract until this form has been completed.
Contractor Name:
Contractor DIR #:
Classification(s) or type(s) of workers that will be employed by the contractor for this project:
Asbestos Boilermaker Bricklayers Carpenters
Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers
Electricians Elevator Mechanic Glaziers Iron Workers
Laborers Millwrights Operating Eng. Painters
Pile Drivers Pipe Trades Plasterers Roofers
Sheet Metal Sound/Comm. Surveyors Teamster
Tile Workers
Subcontractor Contractor’s License
Number:
DIR Number: Worker Classifications:
I certify that the information set forth above is correct and that I am authorized to provide this
information on behalf of the contractor named in the first line above.
Signature Date:
Print Name & Title
-End of Exhibit A-3-
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$200,000 or Less – Exhibit A-4
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City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-4 Workers Compensation Acknowledgement
To be completed prior to entering the contract by Contractor and each subcontractor performing any
portion of the work:
To: The City of Saratoga
From:
____________________________________________________
(print Contractor or Subcontractor name)
I am aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for worker’s compensation or to undertake self-insurance
in accordance with the provisions before commencing the performance of the work of this
contract.
I certify that the statement above is correct and that I am authorized to make this statement on behalf of
the contractor named in the first line above.
Signature Date
Print Name & Title
-End of Exhibit A-4-
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6/8/2021
Maintenance Proposal for Saratoga to Sanborn Trail July 2021 - June 2022
Mr. Gardner,
At your request I’ve provided a proposal to perform trail maintenance on the
Saratoga to Sanborn trail for the 2021-2022 fiscal year. Please let me know if you
have any questions about this proposal.
Thank you,
Devon Jackson
Account Manager
Santa Cruz Mountains Trail Stewardship
CA Lic #1050446
Santa Cruz Mountains Trail Stewardship isSanta Cruz Mountains Trail Stewardship is a 501(c)(3) charitable organization.a 501(c)(3) charitable organization.
Our federal employer identiOur federal employer identifification number iscation number is 77-0457425.77-0457425.
Contractor: Santa Cruz Mountains Trail Stewardship Project Name: Saratoga to Sanborn Trail Annual Maintenance FY21-22
Exhibit A-5 Page 1 of 3110
Overview
This document outlines the various maintenance tasks and miscellaneous work
items proposed on the Saratoga to Sanborn Trail from July 2021 - June 2022.
This newly constructed piece of trail will need special attention to address any
unforeseen seeps and drainage issues that develop in the first couple winters
following construction. SCMTS will leverage the power of our volunteer base to
host volunteer events where we will tackle additional work items like drain
clearing and trimming vegetation to maintain a safe and enjoyable trail
experience for users.
We are proposing hosting three volunteer events annually that will focus on basic
maintenance (described below). Additionally, we will be available for up to 8 visits
by staff members to remove fallen trees or address other urgent issues on the
trail.
Scope of Work
Volunteer events
SCMTS staff will plan and lead 3 volunteer events before June 2022 to perform
regular trail maintenance and provide volunteer stewardship opportunities for the
community. These events will be scheduled at least 4 weeks in advance, and
rescheduled if weather prevents a safe work environment.
Regular maintenance tasks
●Check all bridge fasteners and tighten/replace if necessary.
●Clear accumulated debris from bridges to minimize potential for rot and
damage in wildfire.
●Maintain trail width by removing sloughed material from the cut bank.
●Clear drains of accumulated soil and vegetation to minimize puddling and
maintain drain function.
●Maintain trail outslope.
●Brush vegetation along the trail corridor to maintain clear sight lines and
keep the path of travel clear.
On call maintenance activities
●SCMTS Trail Crew will be available for maintenance work on an as
needed basis up to but not to exceed the $35,000 outlined in this proposal. The
City of Saratoga will need to provide trail station location, description of the
problem, and photos of the area (fallen tree, erosion, etc.) to facilitate work
planning and staffing needs.
Santa Cruz Mountains Trail Stewardship isSanta Cruz Mountains Trail Stewardship is a 501(c)(3) charitable organization.a 501(c)(3) charitable organization.
Our federal employer identiOur federal employer identifification number iscation number is 77-0457425.77-0457425.
Contractor: Santa Cruz Mountains Trail Stewardship Project Name: Saratoga to Sanborn Trail Annual Maintenance FY21-22
Exhibit A-5 Page 2 of 3111
Cost
The total cost for the work proposed above is $45,000.
Item Cost
Volunteer Events $10,000
On Call Maintenance $35,000
Below is a rate schedule for labor and equipment:
Labor
Trails Specialist Laborer $120
Equipment Operator $135
Equipment
2 ton excavator (40” wide)$200/day
1 ton excavator (28” wide)$150/day
Ride on track carrier (1 ton capacity)$100/day
Walk behind track carrier (0.5 ton
capacity)
$50/day
Truck $150/day
Dump/Hauling Trailer $50/day
Time will be charged portal to portal from our yard at 250 Harvey West Blvd,
Santa Cruz, CA 95060.
Santa Cruz Mountains Trail Stewardship isSanta Cruz Mountains Trail Stewardship is a 501(c)(3) charitable organization.a 501(c)(3) charitable organization.
Our federal employer identiOur federal employer identifification number iscation number is 77-0457425.77-0457425.
Contractor: Santa Cruz Mountains Trail Stewardship Project Name: Saratoga to Sanborn Trail Annual Maintenance FY21-22
Exhibit A-5 Page 3 of 3112
Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 1 of 4
City of Saratoga Public Works/Construction Contract for Project of $200,000 or Less
Exhibit B Insurance
The insurance requirements listed below that have an “9” indicated in the space before the requirement
apply to this agreement together with the general requirements for the duration of the contract, and until
the expiration of the warranty period following the final completion and acceptance by the City.
Modifications or waivers to the below requirements are shown in Exhibit E.
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request
that they provide certificates of insurance complete with copies of all required endorsements to the
Primary Representative listed in section 4 on page 1. During the term of this agreement and until the
expiration of the warranty period Contractor shall ensure that its broker(s)/agent(s) provide Primary
Representative with updated certificates of insurance reflecting continued satisfaction of the requirements
of this agreement together with updated endorsements in the event of a change in the underlying
insurance policy(ies).
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf.
City has the right to require Contractor’s insurer to provide complete, certified copies of all required
insurance policies. As described in more detail below, the City, its officers, officials, employees, agents,
and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work commences.
Insurance Requirements
Commercial General/Business Liability Insurance with coverage at least as broad as indicated:
$2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property
damage.
$_________________ per occurrence/$______________ aggregate limits for bodily injury
and property damage.
Completed operations coverage. If this box is checked Contractor shall maintain insurance
as required by this contract to the fullest amount allowed by law and shall maintain insurance
for a minimum of five years following the completion of this project. In the event contractor
fails to obtain or maintain completed operations coverage as required by this agreement, the
City at its sole discretion may purchase the coverage required and the cost will be paid by
Contractor.
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance.
Auto Liability Insurance with coverage as indicated:
$1,000,000 combined single limit for bodily injury and property damage
Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care,
custody and control of the Contractor, regardless of where the vehicles are kept or driven.
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$200,000 or Less – Exhibit B
Page 2 of 4
Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily
injury or disease. If Contractor is not required to maintain Workers’ Compensation Insurance
pursuant to State law, Contractor shall file a verification of that fact with Primary Representative.
Contractor shall purchase and maintain "All Risk or Special Form" Builder's Risk Insurance on a
replacement cost basis in an amount equal to the full replacement cost of the Work on a completed
value basis, including coverage for ‘soft costs’ such as design, engineering, and construction
management fees. The builder's risk insurance shall cover all risks of loss, including but not
limited to fire; lightning; windstorm; hail, explosion; riot; riot attending a strike; civil commotion;
smoke damage; damage by aircraft or vehicles; vandalism and malicious mischief; theft; collapse;
flood; and earthquake. This insurance shall name the City of Saratoga, its elected and appointed
officials, employees, agents and servants and the Contractor as insureds, and shall include
coverage including, but not limited to all damages or loss to the Work; to appurtenances; to
materials and equipment to be used on the Project while the same are in transit or stored on or off
the project site; and/or to construction plant and temporary structures. Builder’s Risk Insurance
policies shall name the City as loss payee, waive all rights of subrogation against City, have a
deductible not to exceed $5,000, and provide City the right to occupy the premises without
termination of the policy until acceptance of the Work.
All subcontractors used must comply with the above requirements except as noted below:
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Insurance Provisions. The policies are to contain, or be endorsed to contain, the following
provisions:
x The City, its officers, officials, employees, agents and volunteers (each an “additional insured”)
are to be covered as insureds with the same coverage and limits available to the named insured
regarding: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the Contractor;
or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain
no special limitations on the scope of the protection afforded to the City, its officers, officials,
employees, agents or volunteers. Any available insurance proceeds broader than or in excess of
the minimum insurance coverage requirements and/or limits specified in this agreement shall be
available to the additional insured. The requirements for coverage and limits shall be (1) the
minimum coverage and limits specified in this agreement; or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the named insured;
whichever is greater. The additional insured coverage under Contractor’s policy shall be
''primary and non-contributory" and will not seek contribution from the City’s insurance or self-
insurance and shall be at least as broad as CG 20 01 04 13 and CG 20 38 04 13. This requirement
does not apply to errors and omissions insurance.
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$200,000 or Less – Exhibit B
Page 3 of 4
x Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officers, officials, employees or volunteers.
x The Contractor’s insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
2. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and
employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses. The limits of insurance required in this
agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply
on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or
agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named
insured.
3. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation
which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation, but this provision applies regardless of whether City has received a waiver of subrogation
endorsement from the insurer.
4. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and endorsements
are to be received and approved by the City before work commences. The City reserves the right to
require at any time complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications and failure to exercise this right shall not constitute
a waiver of any of City’s rights pursuant to this agreement.
5. Maintenance of Coverage. Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer to cancel
any insurance policy required by this agreement except after providing 30 days prior notice to the City. If
an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer,
Contractor shall immediately provide written notice to the City and obtain substitute insurance meeting
the requirements of this agreement. Nothing in this paragraph relieves Contractor of its obligation to
maintain all insurance required by this agreement at all times during the term of the agreement.
6. Claims Made Policies. If any of the required policies provide claims-made coverage, the
coverage shall be maintained for a period of five years after completion of the contract. Contractor may
satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage
applicable to said five-year period.
7. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less
than A: VII.
8. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract the
same requirements and provisions of this agreement including the indemnity and insurance requirements
to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Contractor shall
agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is
bound to the City under this agreement. Subcontractors shall further agree to include these same
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$200,000 or Less – Exhibit B
Page 4 of 4
provisions with any sub-subcontractor. Contractor shall provide subcontractor with a copy of the
indemnity and insurance provisions of this agreement as a part of Contractor’s subcontract with
subcontractor. Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any work and will
provide proof of compliance to the City.
9. Special Risks or Circumstances. City reserves the right to modify these requirements, including
limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
-End of Exhibit B-
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 1 of 10
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit C General Provisions
1. INDEPENDENT CONTRACTOR. City requires the services of a qualified contractor to
provide the work product described in Exhibit A because it lacks the qualified personnel to
provide the specified work product. Contractor is qualified to provide the required work product
and is agreeable to providing such work product on the terms and conditions in this agreement.
1.1 In General. At all times during the term of this agreement, Contractor shall be an
independent contractor and shall not be an employee of City. Contractor shall complete
the Scope of Work hereunder in accordance with currently approved methods and
practices in Contractor's field. No relationship of employer and employee is created by
this agreement between the City and Contractor or any subcontractor or employee of
Contractor. City shall have the right to control Contractor only with respect to specifying
the results to be obtained from Contractor pursuant to this agreement. City shall not have
the right to control the means by which Contractor accomplishes services rendered
pursuant to this agreement. Any terms in this agreement referring to direction from City
shall be construed as providing for direction as to policy and the result of the Contractor’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. Nothing contained in this agreement shall be construed as
limiting the right of Contractor to engage in Contractor's profession separate and apart
from this agreement so long as such activities do not interfere or conflict with the
performance by Contractor of the obligations set forth in this agreement. Interference or
conflict will be determined at the sole discretion of the City.
1.3 Standard of Care. Contractor shall complete the Work required pursuant to this
agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the geographical area in
which Contractor practices its profession. All work product of whatsoever nature which
Contractor delivers to City pursuant to this agreement shall be prepared in a substantial,
first class and workmanlike manner and conform to the standards of quality normally
observed by a person practicing in Contractor’s profession.
1.4 Qualifications. Contractor represents and warrants to City that the Contractor is
qualified to perform the services as contemplated by this agreement and that all work
performed under this agreement shall be performed only by personnel under the
supervision of the Contractor as an employee or, if authorized by the Scope of Work, a
subcontractor. All personnel engaged in the work shall be fully qualified and shall be
authorized, licensed and certified under state and local law to perform such work if
authorization, licensing or certification is required. The Contractor shall commit adequate
resources and time to complete the project within the project schedule specified in this
agreement.
1.5 Use of City Equipment. City shall not be responsible for any damage to persons or
property as a result of the use, misuse or failure of any equipment used by Contractor, or
by any of its employees, even though such equipment be furnished, rented or loaned to
Contractor by City.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 2 of 10
1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a relevant
taxing authority, including, but not limited to the Internal Revenue Service or the State
Employment Development Division, determine that the Contractor is an employee for
purposes of collection of any employment taxes, the amounts payable under this
agreement shall be reduced by amounts equal to both the employee and employer
portions of the tax due (and offsetting any credits for amounts already paid by the
Contractor which can be applied against this liability). City shall then forward those
amounts to the relevant taxing authority. Should a relevant taxing authority determine a
liability for past services performed by the Contractor for City, upon notification of such
fact by the City, the Contractor shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Contractor under this
agreement (again, offsetting any amounts already paid by the Contractor which can be
applied as a credit against such liability). Any determination of employment status above
shall be solely for the purposes of the particular tax in question, and for all other purposes
of this agreement, The Contractor shall not be considered an employee of City.
Notwithstanding the foregoing, should any court, arbitrator, or administrative authority
determine that the Contractor is an employee for any other purpose, then the Contractor
agrees to a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator, or
administrative authority determined that the Contractor was not an employee.
2. COMMUNICATION AND NOTICES. The City’s Administrator designated in section 4 on
page 2 of this agreement is authorized to receive information, interpret and define City's policies
consistent with this agreement, and communicate with Contractor concerning this agreement. All
correspondence and other communications shall be directed to or through the Administrator or
the Administrator’s designee.
2.1 In General. All notices or communication concerning a party's compliance with the
terms of this agreement shall be in writing and may be given either personally, by
certified mail, return receipt requested, or by overnight express carrier. The notice shall
be deemed to have been given and received on the date delivered in person or the date
upon which the postal authority or overnight express carrier indicates that the mailing
was delivered to the address of the receiving party. The parties shall make good faith
efforts to provide advance courtesy notice of any notices or communications hereunder
via e-mail. However, under no circumstances shall such courtesy notice satisfy the notice
requirements set forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above.
3. PAYMENT. The payments specified in this paragraph shall be the only payments to be made to
Contractor in connection with Contractor’s completion of the Scope of Work pursuant to this
agreement. Contractor shall submit all billings to City and City shall pay such billings in the
manner specified in this paragraph. Payment shall be made payable to Contractor and delivered
to the address specified in section 4 on page 2 of this agreement. The making of any payment by
City, or the receipt thereof by the Contractor, shall in no way lessen the liability of the Contractor
to correct or revise unsatisfactory work, even though the unsatisfactory character of such work
may not have been apparent or detected at the time such payment was made. In no event shall
City be liable for interest or late charges for any late payments.
3.1 Unit Price. If this contract is designated as a Unit Price Contract, invoicing and payment
shall be as follows:
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$200,000 or Less – Exhibit C
Page 3 of 10
(a) Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work performed
in accordance with the Unit Prices in the Scope of Work prior to the
invoice date. Invoices shall contain the following information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(3) A summary containing the total contract amount, the amount of
prior billings, the total due this period, percentage of work
completed, the remaining balance available for all remaining
billing periods, and a brief description of work completed during
the billing period.
(b) City shall make monthly payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, less five
percent retention. City shall release the retained funds no less than thirty
five (35) days after the date the City accepts the Work.
3.2 Lump Sum. If this contract is designated as a Lump Sum Contract Contractor shall
submit a final payment application in the amount of the contract sum upon completion of
the Work and satisfaction of all conditions of the agreement. City shall make payment
within 30 days of receipt of application, less five percent retention. City shall release the
retained funds no less than thirty five (35) days after the date the City accepts the Work.
3.3 Hourly Services or Task Based Contract, invoicing and payment shall be as follows:
(a) Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work performed
in accordance with either the hourly rates or task-based rates in the Scope
of Work prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(b) A summary containing the total contract amount, the amount of prior
billings, the total due this period, percentage of work completed, the
remaining balance available for all remaining billing periods, and a brief
description of work completed during the billing period.
3.4 Additional Payment Terms.
(a) Pursuant to California Public Contract Code Section 22300, for monies
earned by the Contractor and withheld by the City to ensure the
performance of the Contract, the Contractor may, at its option, choose to
substitute securities meeting the requirements of California Public
Contract Code Section 22300.
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Contractor: Project Name:
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$200,000 or Less – Exhibit C
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(b) Contractor agrees to furnish, as a condition of payment, payroll
affidavits, receipts, vouchers, and other documents, in form satisfactory
to City, prior to receipt of any payment. Contractor shall submit
Conditional and Unconditional waivers and release of lien (as provided
in Civil Code Sections 8132 through 8138) on behalf of itself and
suppliers that furnished labor, material, equipment or services to the
Project.
(c) Attention is directed to Section 9 of the State of California, Department
of Transportation Standard Specifications for Construction of Local
Streets and Roads (2015) which includes procedures for determination of
payments, compensation for extra work by force account, partial
payments, and final payments. These provisions are Contract
Documents incorporated into this agreement.
(d) Charges from Contractor to City will not be honored or paid by City
unless the charges are authorized and approved by City at the time the
work is being performed.
4. PREVAILING WAGE.
4.1 The Contract is subject to the provisions of Part 7 of Division 2 of the California Labor
Code (Sections 1720 and following), and Contractor and any subcontractor shall pay not
less than the prevailing rates of wage as determined by the California Department of
Industrial Relations (“DIR”) to all workers employed in performance of the Work.
Pursuant to the provisions of Section 1770 of the California Labor Code, the City has
obtained the general prevailing rate of wages and employer payments for health and
welfare, vacation, pension and similar purposes in the vicinity of the Work, a copy of
which is on file in the office of the City, and shall be made available for viewing to any
interested party upon request. Full compensation for conforming to the requirements of
this section 4 shall be deemed included in the prices paid for the various contract items of
work, and no separate payment will be made therefor. In accordance with Section 1815 of
the California Labor Code, Contractor and all subcontractors shall pay all workers
employed on this project 1 ½ times the basic rate of pay for work performed in excess of
specified hour limitations.
4.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal,
subject to the requirements of section 4104 of the California Labor Code, and shall not
engage in the performance of any work under this contract, unless currently registered
and qualified to perform public work pursuant to section 1725.5 of the California Labor
Code. Contractor represents and warrants that it is, registered and qualified to perform
public work pursuant to Section 1725.5 of the California Labor Code unless otherwise
noted in supplemental provisions hereto. Contractor shall not enter into a subcontract
without proof that the subcontractor is registered with DIR and qualified to perform
public work pursuant to Section 1725.5 of the California Labor Code. Contractor shall
provide DIR registration numbers to the City for all subcontractors pursuant to Section
1725.5.
4.3 Contractor shall post at the job site the determination of the director of the prevailing rate
of per diem wages together with all job site notices that are required by regulations of the
DIR.
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4.4 This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. Contractor and any subcontractors shall keep accurate payroll
records, in accordance with Section 1776 of the California Labor Code, showing the
name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by Contractor or
subcontractor in connection with the Work and shall furnish the records specified in
California Labor Code section 1776 directly to the Labor Commissioner at least monthly
in a format prescribed by the Labor Commissioner and otherwise in accordance with law.
5. LABOR
5.1 The Contractor or subcontractor shall, as a penalty to City, forfeit twenty-five dollars
($25) for each worker employed in the execution of the contract by the respective
contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one
calendar week in violation of the provisions of this article.
5.2 Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the
California Labor Code concerning the employment of apprentices by the Contractor or
any subcontractor. It shall be the responsibility of the Contractor to effectuate
compliance on the part of itself and any subcontractors with the requirements of said
sections in the employment of apprentices. Information relative to apprenticeship
standards, wage schedules, and other requirements may be obtained from the Director of
Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco,
California, or from the Division of Apprenticeship Standards and its branch offices.
5.3 Pursuant to the requirements of Division 4 of the California Labor Code, the Contractor
will be required to secure the payment of worker’s compensation to its employees in
accordance with the provisions of Section 3700 of the California Labor Code. Prior to
commencement of work, the Contractor shall sign and file with the Administrator a
certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker’s compensation or to undertake self-
insurance in accordance with the provisions before commencing the performance of the
work of this contract."
5.4 Contractor’s attention is directed to provisions in Sections 1775 and 1813 of the
California Labor Code. In accordance with Section 1775 of the California Labor Code,
Contractor and its subcontractors may be subject to penalties for Contractor’s and
subcontractors’ failure to pay prevailing wage rates. In accordance with Section 1813 of
the California Labor Code, Contractor or subcontractors may be subject to penalties for
Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by
workers employed on this project in excess of specified hour limitations.
5.5 In connection with the performance of the Work under this contract, Contractor will not
because of the race, religious creed, color, national origin, ancestry, physical disability,
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$200,000 or Less – Exhibit C
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mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status
of any person, to refuse to hire or employ the person or to refuse to select the person for a
training program leading to employment, or to bar or to discharge the person from
employment or from a training program leading to employment, or to discriminate
against the person in compensation or in terms, conditions, or privileges of employment,
unless based upon a bona fide occupational qualification or applicable security
regulations established by the United States or the State of California, or as otherwise
provided in section 12940 of the Government Code. As provided in Labor Code section
1735, a violation of this provision is subject to all penalties imposed for a violation of
Division, 2, Part 7, Chapter 1 of the Labor Code including the monetary penalties
provided in Labor Code section 1775.
6. LICENSE REQUIREMENT. Contractor’s attention is directed to California Business and
Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the time
Contractor submits its bid to the City and all times Contractor is performing the Work, Contractor
shall have a valid license issued by the Contractors State License Board in the classification
stated in the Special Provisions. Contractor and all subcontractors shall be licensed in accordance
with the laws of this State and any contractor or subcontractor not so licensed is subject to
penalties imposed by such laws.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED
BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION
TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS
OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A
LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST
BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO
THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000,
SACRAMENTO, CALIFORNIA 95826.
7. CONTRACTOR NOT AGENT. Except as City may specify in writing, Contractor shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, pursuant to this agreement to bind City to
any obligation whatsoever.
8. BENEFITS AND TAXES. Contractor shall not have any claim under this agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes, including, but not
limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify
and hold City harmless from any and all liability that City may incur because of Contractor's
failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes
on behalf of Contractor.
9. ASSIGNMENT AND SUBCONTRACTING.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 7 of 10
9.1 Contractor shall conform to the requirements of Section 4100 through 4113 of the
California Public Contract Code, the Subletting and Subcontracting Fair Practices Act.
9.2 Contractor shall give personal attention to the performance of the Contract and shall keep
the Work under its control.
9.3 For the purposes of administering this agreement no subcontractors will be recognized by
the City as such, and all persons engaged in the work of construction will be considered
by the City as employees of the Contractor, who will be held responsible for their work
which shall be subject to the provisions of the Contract and specifications.
9.4 No subcontractor who is ineligible to bid work on, or be awarded, a public works project
under California Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or
perform work as a subcontractor on the Project. The Contractor is prohibited from
performing work on the Project with a subcontractor who is ineligible to perform work on
a public works project under these sections of the California Labor Code.
9.5 When a portion of the work which has been subcontracted by the Contractor is not being
prosecuted in a manner satisfactory to the City, the subcontractor shall be removed
immediately on the request of the City and shall not again be employed on the work.
9.6 Contractor may not assign performance of the Contract except upon written consent of
the City.
9.7 Contractor shall require all subcontractors to comply with the terms of this Contract.
10. TERMINATION.
10.1 Should Contractor fail within five (5) working days from receipt of City's written notice
to correct any contractual deficiencies, including but not limited to failure to perform the
Work in accordance with the Contract Documents, failure to comply with the directions
of City, or failure to pay its creditors, City may terminate this agreement for default.
Following a termination for default, City shall have the right to take whatever steps it
deems necessary to correct and complete the work and charge the cost thereof to
Contractor, who shall be liable for the full cost of City's corrective action, including
reasonable overhead, administrative costs, and attorneys' fees.
10.2 City may at any time terminate the Contract at City's convenience upon five days written
notice to Contractor; in the event of termination for convenience, Contractor shall recover
only the amount due under the contract for Work completed to the date of termination in
accordance with the Contract Documents, less amounts paid to date. Contractor shall not
be entitled to any claim or lien against City for any additional compensation or damages
in the event of such termination.
10.3 If City terminates Contractor for cause, and if it is later determined that the termination
was wrongful, such default termination shall automatically be converted to and treated as
a termination for convenience. In such event, Contractor shall be entitled to receive only
the amounts payable under this section, and Contractor specifically waives any claim for
any other amounts or damages, including, but not limited to, any claim for consequential
damages or lost profits.
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 8 of 10
10.4 Failure by City to seek any remedy for any default hereunder shall not constitute a waiver
of any other rights hereunder or any right to seek any remedy for any subsequent default.
11. CONFLICT OF INTEREST
11.1 In General. Contractor represents and warrants that it presently has no interest, and will
not acquire any direct or indirect interest, that would conflict with its performance of this
agreement. Contractor shall not employ or subcontract with a person having such an
interest in the performance of this agreement.
11.2 Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict
of interest on the part of Contractor is discovered after award, the Contractor will make a
full disclosure in writing to the City. This disclosure shall include a description of
actions, which the Contractor has taken or proposes to take, after consultation with the
City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the
Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
11.3 Interests of City Officers and Staff. No officer, member or employee of City and no
member of the City Council shall have any pecuniary interest, direct or indirect, in this
agreement or the proceeds thereof. Neither Contractor nor any member of any
Contractor’s family shall serve on any City board or committee or hold any such position
which either by rule, practice or action nominates, recommends, or supervises
Contractor's performance of the Scope of Work or authorizes funding to Contractor.
12. HOLD HARMLESS AND INDEMNIFICATION
12.1 The City of Saratoga and all officers, employees, and agents thereof connected with the
Work, shall not be answerable or accountable in any manner for any loss or damage that
may happen to the Work or any part thereof; for any loss or damage to any of the
materials or other things used or employed in performing the Work; for injury to or death
of any person; or for damage to property from any cause except losses due to sole or
active negligence of the City's officers or employees.
12.2 To the fullest extent allowed by law, Contractor shall defend, indemnify and hold
harmless the City, its elected and appointed officials, employees and agents, from all
liability, penalties, costs, losses, damages, expenses, causes of action, claims or
judgments, including attorney's fees and other defense costs, resulting from injury to or
death sustained by any person (including Contractor's employees and subcontractors), or
damage to property of any kind, or any other injury or damage whatsoever, which injury,
death or damage arises out of or is in any way connected with the performance of the
Work, regardless of the Contractor’s fault or negligence, including any of the same
resulting from City’s alleged or actual negligent act or omission, or its agents, contractors
or employees; except that said indemnity shall not be applicable to injury, death or
damage to property arising from the sole or active negligence or willful misconduct of
City, its constituent entities, its and their officers, agents, or servants who are directly
responsible to City. This indemnification shall extend to claims asserted after
termination of this Contract for whatever reason. In instances where the City’s active
negligence accounts for only a percentage of the liability involved, the obligation of
Contractor will be for that entire portion of the percentage of liability not attributable to
the active negligence of the City.
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Saratoga to Sanborn Trail Annual Maintenance FY21-22
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 9 of 10
12.3 Contractor shall be obligated to immediately defend, with counsel approved by the City,
any suit or action brought against the City, its elected and appointed officials, employees
and agents, founded upon any claim of injury to or death sustained by any person
(including Contractor’s employees and subcontractors), or damage to property of any
kind, or any other injury or damage whatsoever, which injury, death or damage arises out
of or is in any way connected with the performance of the Work, whether or not liability
is established. This indemnification and duty to defend shall extend to claims asserted
after termination of this Contract for whatever reason.
12.4 In addition to any remedy authorized by law, as much of the money due the Contractor
under and by virtue of the contract as shall be considered necessary by the City, may be
retained by the City until disposition has been made of such suits or claims for damage.
12.5 The City and Contractor shall timely notify each other of the receipt of any third-party
claim relating to the Contract.
13. CLAIMS. If any dispute shall arise between City and Contractor regarding performance of the
work, or any alleged change in the work, Contractor shall timely perform the disputed work and
shall give written notice of a claim for additional compensation for the work to City within ten
(10) days after commencement of the disputed work. Contractor's failure to give written notice
within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra
compensation for the disputed work. Disputes arising under this agreement shall be resolved in
accordance with the procedures set forth in Section 20104.50 of the California Public Contract
Code.
14. RECORDS AND AUDITS.
14.1 Contractor and its subcontractors shall establish and maintain records pertaining to this
contract. Contractor’s and subcontractors’ accounting systems shall conform to generally
accepted accounting principles, and all records shall provide a breakdown of total costs
charged under this contract, including properly executed payrolls, time records, invoices
and vouchers.
14.2 Contractor shall permit City and its authorized representatives to inspect and examine
Contractor’s books, records, accounts, and any and all data relevant to this Contract at
any reasonable time for the purpose of auditing and verifying statements, invoices, or
bills submitted by Contractor pursuant to this contract and shall provide such assistance
as may be reasonably required in the course of such inspection. City further reserves the
right to examine and re-examine said books, records, accounts, and data during the three
(3) year period following the termination of this Contract; and Contractor shall in no
event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any
manner whatever for three (3) years after the termination of this Contract.
14.3 Pursuant to California Government Code Section 8546.7, the parties to this Contract shall
be subject to the examination and audit of representative of the Auditor General of the
State of California for a period of three (3) years after final payment under the contract.
The examination and audit shall be confined to those matters connected with the
performance of this contract including, but not limited to, the cost of administering the
contract
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Contractor: Project Name:
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 10 of 10
15. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or
subcontractors who will be providing material and/or labor for the performance of the Work.
Contractor shall submit with each payment request waivers of lien from each major supplier
and/or subcontractor. that meet the requirements of Civil Code Sections 8132 through 8138.
16. USE OF RECYCLED PAPER AND ELECTRONIC DOCUMENTS. Contractor shall
prepare and submit all reports, written studies and other printed material on recycled paper to the
extent it is available at equal or less cost than virgin paper. Documents shall be printed on both
sides of the page and City shall be provided with electronic copies of documents (in Word or .pdf
format) except where unusual circumstances make it infeasible to do so.
17. ANTITRUST. By entering this contract, Contractor conveys, sells, assigns, and transfers to the
City all rights, titles, and interest and all causes of action it may now have or hereafter acquire
under the antitrust laws of the United States and the State of California arising from purchase of
goods, services, or materials pursuant to this contract or any subcontract.
18. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or
claim arising under this agreement. If the parties fail to resolve such disputes or claims, they shall
submit them to non-binding mediation in California at shared expense of the parties for at least 8
hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by
all parties, or litigation may be pursued. In the event any dispute resolution processes are
involved, each party shall bear its own costs and attorneys’ fees.
19. JURISDICTION. This agreement shall be administered and interpreted under the laws of the
State of California. Jurisdiction of litigation arising from this agreement shall be in that state and
venue shall be in Santa Clara County, California.
20. SEVERABILITY. If any part of this agreement is found to conflict with applicable laws, such
part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of
this agreement shall be in full force and effect.
21. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work product provided
by Contractor under this agreement be supplemented or continued by Contractor under a new
agreement following expiration or termination of this agreement. Contractor waives all rights or
claims to notice or hearing respecting any failure by City to continue to request or retain all or
any portion of the work product from Contractor following the expiration or termination of this
agreement.
22. PARTIES IN INTEREST. This agreement does not, and is not intended to, confer any rights or
remedies upon any person or entity other than the parties. .
23. WAIVER. Neither the acceptance of work or payment for work pursuant to this agreement shall
constitute a waiver of any rights or obligations arising under this agreement. The failure by the
City to enforce any of Contractor’s obligations or to exercise City's rights shall in no event be
deemed a waiver of the right to do so thereafter.
-End of Exhibit C-
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SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Los Gatos-Saratoga Community Education and Recreation Lease
RECOMMENDED ACTION:
Authorize the City Manager to execute a new lease agreement with Los Gatos-Saratoga
Community Education and Recreation (LGS Recreation).
BACKGROUND:
The City’s 2-year lease agreement with LGS Recreation expires at the end of June 2021. Under
the agreement, LGS Recreation provides a wide variety of recreation services using several City
facilities. Staff is recommending adoption of a new 5-year lease, expiring June 30, 2026.
Like the original lease, the new lease includes use of the Joan Pisani Community Center, Saratoga
Prospect Center, and Recreation Portable. The new lease also includes the Preschool Portable in
recognition of the 2020 amendment that added Preschool Portable to the LGS Recreation lease.
Additionally, the new lease includes use of the Warner Hutton House on a case-by-case basis. The
City may make use of any of these facilities as needed. These facilities, excluding the Preschool
Portable, are also available to the public for rental if they are not otherwise being used for LGS
Recreation programs.
The new establishes annual lease amount of $50,000, increasing annually by 2%. However, in
recognition of COVID-19, the provides for an interim lease amount beginning at $14,500 for the
first year of the agreement. If registration remains below pre-pandemic registration levels for a
calendar year, the lease allows for an interim lease that will be the greater of $14,500 or a
percentage of the normal $50,000 lease multiplied by the percentage of 2019 registration. For
example, if registration in calendar year 2022 is 45% of 2019 registration levels then the interim
lease for Fiscal Year 2023/24 will be $22,500. If registration levels reach or exceed pre-pandemic
levels for a calendar year, normal lease amounts will resume including the annual 2% increases.
For example, if 2022 registrations meet or exceed 2019 registration then the Fiscal Year 2023/24
lease amount will be $52,020.
Another notable change is a requirement for LGS Recreation to provide lobby coverage in the
Community Center when it is open to the general public during regular business hours.
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ATTACHMENTS:
Attachment A – LGS Recreation Lease
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LEASE AGREEMENT
LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION
This lease agreement is made and entered into between CITY OF SARATOGA, a
Municipal Corporation, hereinafter called “Lessor” or “City”, and LOS GATOS-SARATOGA
COMMUNITY EDUCATION AND RECREATION, a California joint exercise of powers
agency, hereinafter called "Lessee" or "LGSR ," as of the Effective Date specified below.
WHEREAS, Lessor owns real property located at 19655 Allendale Avenue, 13777
Fruitvale Avenue, and 19848 Prospect Road in the City of Saratoga, County of Santa Clara, State
of California (Assessor's Parcel Nos. 397-30-053, 386-26-070, 386-26-071), as more particularly
described in Exhibit A attached hereto (“Property”);
WHEREAS, Lessor wishes to lease portions of the Property shown in Exhibit B attached
hereto (“Premises”) to Lessee for the operation of community recreation programs.
NOW, THEREFORE, in consideration of, and subject to, the terms and conditions
hereinafter set forth, Lessor and Lessee agree as follows:
1. Description of Property.
Lessor hereby agrees to lease to Lessee, and Lessee agrees to lease from Lessor the
Premises described in the recital above on the terms set forth herein.
2. Term of Lease; Lease Payments.
A. This agreement becomes effective (“Effective Date”) upon July 1, 2021 and its
Term shall be five (5) years beginning on the Effective Date, expiring on June 30, 2026.
B. Lessee shall make quarterly lease payments. Payments shall be due the first day
of each quarter and delivered to the City of Saratoga Administrative Services Department at the
address for notices specified in section 10, below. If the payment is not received by Lessor on or
before the thirtieth (30th) day following the due date, it shall be deemed delinquent. If the
payment is not paid before delinquency, then the amount due and unpaid shall be subject to a late
charge at the rate of five percent (5%) of the overdue amount, without limitation to Lessor’s
other rights and remedies under this Lease Agreement.
C. The annual lease amount shall be as described below.
1. Except as otherwise provided in subparagraphs 2 and 3 below, the annual lease
amount is $50,000 per year and said amount shall increase by 2% each year as follows:
Lease Year Annual Lease Amount
(2% increase/year)
Quarterly Payment Due
2021-2022 $50,000 $12,500
2022-2023 $51,000 $12,750
2023-2024 $52,020 $13,005
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2024-2025 $53,060 $13,265
2025-2026 $54,122 $13,530
2. Notwithstanding the foregoing, in recognition of the COVID-19 Pandemic and
uncertainty regarding registration levels for Lessee’s programs during the lease term, the annual
lease amount shall be as set forth in subparagraph 3 (the “Interim Lease Amount”) until such
time as registration levels for a calendar year equal or exceed registration levels for 2019.
Beginning with the lease year following that calendar year the remaining annual lease amount
shall be as set forth above. For example, if in March 2023 Lessee determines that registration
levels in 2022 met or exceeded registration levels in 2019 then the annual lease amount for lease
year 2023-2024 will be $52,020. If registration levels reach 2019 levels for a calendar year and
then later decline below 2019 levels as a result of COVID-19 then the lease amounts set forth in
section 3 shall apply.
3. The Interim Lease Amount for 2021-2022 is $14,500. By March of 2022 and
each year thereafter, Lessee will provide data on registration levels for the prior calendar year
compared to 2019. The Interim Lease Amount for the following lease year will be the greater of
(i) $14,500 or (ii) $50,000 multiplied by the prior calendar year’s registration level as a
percentage of 2019 registration levels. For example, if registration in calendar year 2022 is 45%
of the 2019 registration level then the Interim Lease Amount for 2023-2024 will be $22,500 (i.e.,
$50,000 * 0.45 = $22,500).
3. Use of Premises.
A. The Premises shall be used by Lessee for the maintenance and operation of a
community recreation center and for no other purpose. Lessee’s use of the Premises shall
comply with the policies set forth in Exhibit C. The Director of LGSR shall serve as a liaison
between Lessee and Lessor and shall bring all matters pertaining to this agreement to the
attention of the City Manager or designee.
B. Other than making space available for classes charging a fee of any kind, the City
may make use of all or a portion of the Premises for any municipal purpose at any time subject to
Lessee’s consent which shall not be unreasonably withheld. The City will provide at least 48
hours’ notice of such use and Lessee’s consent shall be presumed unless Lessee objects within
12 hours of Lessor’s notice of intended use. This subsection B does not apply to the Warner
Hutton House.
C. Lessee shall not lease or sublease the whole or any part of the Premises, nor sell
or assign this lease, either voluntarily or by operation of law, nor allow the Premises to be
occupied by anyone contrary to the terms hereof, nor permit their use for any purpose other than
as hereinabove specified, nor abandon or vacate the Premises, nor fail or refuse to actively cause
the Premises to be used as hereinabove specified for the purposes of this lease, without the prior
written consent of Lessor. These limitations shall not apply to use agreements between LGSR
and recreation instructors providing services to LGSR as part of LGSR recreation programming.
D. Notwithstanding any other provisions of this agreement, Lessee’s use of the
Warner Hutton House, located at 13777 Fruitvale Avenue and as shown in Exhibit B, shall be as
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follows:
1. Lessee may make use of the Warner Hutton House on a case-by-case basis
for community recreation activities or programs as proposed by Lessee and approved
by Lessor in writing in Lessor’s sole discretion.
2. All materials brought into Warner Hutton House for an activity or
program shall be removed at the conclusion of the activity or program such that the
facility is available for other uses during times that is not being used by Lessee.
Lessee may not use the Warner Hutton House for storage purposes except as
authorized by Lessor.
3. Lessor may use the Warner Hutton House for any purpose when not in use
by Lessee.
E. Lessee shall be responsible for providing lobby coverage (e.g., a staff person
visible to, and available to answer questions from, persons entering the building) in the
Community Center when the facility is open to the general public during regular business hours.
4. Alterations, Additions, Maintenance.
A. During the term of this lease or any extensions thereof, Lessor shall provide
routine janitorial services, unscheduled janitorial services such as cleanup of major spills, and
building maintenance and repair services for the Premises, provided, however that Lessee shall
have the obligation to furnish and install, and keep in good condition and repair all such
furniture, fixtures, and equipment as may be necessary or proper in order to carry on the use of a
recreation center.
B. Any alterations, changes or additions to the Premises desired by Lessee shall be
undertaken by Lessor at Lessee’s full cost and expense with prior written consent of Lessor
which consent, however, shall not be unreasonably withheld. “Alterations, changes, or
additions” shall include, but not be limited to moving interior or exterior walls, or changing any
fixed wall or flooring other than carpeting and shall not include partitions, appliances,
equipment, furniture or similar improvements. Prior to undertaking any such alterations, changes
or additions Lessor and Lessee will agree on a scope of work and estimated cost for labor,
materials and project management by Lessor and Lessee will deposit with Lessor an amount
equal to 110% of the estimated cost. Lessor will provide documentation of all costs at the
conclusion of the work. Any excess funds on deposit will be returned within 30 days. Any costs
in excess of the amount on deposit will be paid to Lessor by Lessee within 30 days of Lessor's
invoice to Lessee. Upon termination of this lease, all alterations, changes or additions shall inure
to the benefit of Lessor, excepting however, partitions, appliances, equipment, furniture and
similar improvements placed on the Premises by Lessee; providing that upon termination of this
lease, Lessee shall have thirty (30) days in which to remove said partitions, appliances,
equipment, furniture and similar improvements placed by it on the Premises. If requested by
Lessor at any time during the term of this Lease, Lessee shall promptly remove, at its sole cost
and expense, any alterations, changes or additions to the Premises made without obtaining prior
written consent of Lessor, provided, however, that Lessor in its sole discretion may directly
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undertake the removal work following not less than fifteen days’ notice to Lessee.
5. Taxes and Utilities.
Lessor shall pay for all water, gas, heat, light, power, sewage, and any and all other
utilities and services (other than telephone, internet, cable, or similar telecommunication
services) which may be furnished to or used in or upon the Premises during the term of this
lease. In addition, Lessor shall pay any and all taxes and all special assessments for public
improvements as may be levied against the Premises or any part thereof.
6. Indemnification.
Lessee shall indemnify, defend and hold harmless the City of Saratoga, its officers,
employees, and agents from and against any and all claims, demands, causes of action, orders,
decrees, or judgments for personal injury or death, damage to or loss of property or any other
damage and/or liability (including all costs and attorney's fees incurred in defending any claim,
demand or cause of action) occasioned by, growing out of, or arising or resulting from any act or
omission on the part of Lessee or any assistant(s) of Lessee in connection with the Premises,
except for any liabilities or losses adjudicated to have proximately resulted from the sole
negligence or willful misconduct of Lessor. This provision sets forth the exclusive allocation of
liability between the parties, and no other allocation, whether in law or equity shall apply. This
provision shall survive the termination of this agreement for the full period allowed by law. The
defense and indemnification obligations of this agreement are undertaken in addition to, and
shall not in any way be limited by, the insurance obligations contained in this agreement.
7. Responsibility for Damage and Insurance.
A. Lessee shall be responsible for all loss or damage to the Premises related to
Lessee’s use thereof, howsoever caused. Lessor shall be responsible for all loss or damage to the
Premises related to Lessor’s use thereof, howsoever caused.
B. Lessor shall provide property insurance coverage for the Premises on the same
terms that all other City property is insured. City shall not provide insurance of any kind for any
Lessee’s property, nor will Lessor provide insurance for any of Lessee’s programs or activities.
Lessee is solely responsible for insuring Lessee’s property, programs and activities in the
Premises.
C. Lessee agrees to procure and maintain insurance as required by the provisions set
forth in Exhibit D and to otherwise comply with the requirements therein. Certificates of such
insurance and additional insured endorsements shall be delivered to City before execution of this
Lease Agreement by Lessor. Neither insurance nor the absence thereof shall abrogate or limit
the responsibility of the Lessee for damage to the building as called for herein.
8. Dispute Resolution.
A. The parties recognize the unique nature of the community recreation uses covered
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by this Agreement and the beneficial effects to both parties of providing these resources to the
residents of Saratoga and other members of the public. The Parties therefore agree to cooperate
in order to resolve disputes and to assist each other in responding to public inquiries arising from
implementation of this Agreement.
B. The Parties acknowledge that issues may arise that require resolution between the
Parties. The Parties agree to meet and confer to resolve such issues. The Lessee hereby appoints
LGSR Executive Director, or his or her designee, and the Lessor appoints the City Manager or
his or her designee, as its representative for dispute resolution. The party desiring to meet and
confer shall notify the other party in writing (“Dispute Notice”) of the subject matter of the
dispute (“Contract Issue”) and the parties shall meet and confer at a mutually agreed upon date,
time and location not less than three nor more than ten days following the non-requesting party’s
receipt of notice.
C. If within thirty days after issuance of a Dispute Notice, the parties still have not
been able to come to a mutually satisfactory resolution, then either party may refer the matter to
mediation for informal advice and/or resolution. The parties shall mutually agree upon a
mediator to assist them in resolving their differences. If the parties are unable to agree upon a
mediator, the parties shall jointly obtain a list of seven mediators from a reputable dispute
resolution organization and alternate striking mediators on that list until one remains. A coin
toss shall determine who may strike the first name. If a party fails to notify the other party of
which mediator it has stricken within two business days, the other party shall have the option of
selecting the mediator from those mediators remaining on the list. Any expenses incidental to
mediation shall be borne equally by the parties. If either party is dissatisfied with the outcome of
the mediation, that party may then submit the matter for resolution to binding arbitration in
accordance with subsection 9.D, below.
D. Any matter that cannot be settled by mediation may, upon the demand by either
party, be submitted to binding arbitration by an Arbitrator. The Arbitrator shall be JAMS, or if
JAMS is not then in operation or is not then available, the American Arbitration Association, and
the arbitration shall be in accordance with the Arbitrator’s then applicable rules, as amended by
the following:
1. Any demand for arbitration shall be given in writing to the other party to the
Lease and to the Arbitrator. The demand shall specifically describe the matter in dispute,
including the amounts in controversy and/or other relief sought. A demand for arbitration shall
be made within a reasonable time after the right to demand arbitration under the Lease has
arisen, and in no event shall it be made after the date when institution of legal or equitable
proceedings based on such matter in dispute would be barred by the applicable statute of
limitations. A party who files a notice of demand for arbitration shall assert in the demand all
disputes arising under the Lease then known to that party.
2. The matter shall be heard by one arbitrator mutually selected by the parties, or if
the parties cannot agree on a single arbitrator within ten days following the demand for
arbitration, the matter shall be heard by an arbitrator selected in accordance with the procedure
for selection of a mediator in subparagraph 9.C, above, provided, however, that the selected
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arbitrator will be a former trial judge of the federal or state courts in California.
3. The arbitrator shall take reasonable steps as may be necessary to hold a private
hearing within sixty (60) days after the initial demand for arbitration and to conclude the hearing
within two (2) days thereafter. Not later than seven (7) days prior to the hearing date set by the
arbitrator each party shall submit a brief with a single proposal for settlement. Evidence
concerning the financial position of the parties, any offer made or the details of any negotiations
prior to arbitration and the cost to the parties of their representatives, selected arbitrators and
counsel shall not be permissible. The place of the arbitration hearing shall be Saratoga,
California.
4. The arbitrator may award only such relief or remedy as would be available
pursuant to judicial proceedings in a court of competent jurisdiction, including injunctive and
affirmative relief; except that the arbitrator may not award punitive damages. The decision of the
arbitrator shall be in writing.
NOTICE:
BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY
DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF
DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN
THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY
AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
“ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED
TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF
DISPUTES” PROVISION TO NEUTRAL BINDING ARBITRATION IN ACCORDANCE
WITH THIS LEASE AGREEMENT.
Lessor’s Initials ________________ Lessee’s Initials__________________
9. Termination.
This lease may be canceled and terminated by either party at any time upon one hundred
and twenty (120) days’ notice to the other party or immediately in the event that more than one
third of the premises is destroyed by fire, flood, earthquake, or other natural disaster.
134
10. Notices.
Any notice required or permitted to be given under this Lease must be in writing and may
be given by personal delivery, certified mail, or Express Mail, Federal Express or other such
express delivery service. Notices shall be deemed communicated immediately if personally
delivered. Notices shall be deemed communicated within forty-eight (48) hours from the time of
mailing if mailed by certified mail, and within twenty-four (24) hours if mailed by express
delivery service, excluding Saturdays, Sundays and holidays. Any such notice shall be deemed
sufficiently given if addressed to Lessor or Lessee at the address specified below. Either party
may specify a different address for notice purposes, or specify that a copy of any notice given to
such party be concurrently given to another person, by giving appropriate notice to the other
party.
To Lessor:
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
408.868.1213
To Lessee:
Executive Director
LGS Recreation
208 E. Main Street
Los Gatos, CA 95030
408.354.8700
11. Non-Waiver of Breach.
In the event of a breach of any term, covenant or condition of this Lease by Lessee,
Lessor may with knowledge of such breach permit Lessee to continue in possession of the
Premises, but any waiver by Lessor of any term, covenant or condition herein contained, or of
any breach thereof, shall neither vitiate the same, nor any other term, covenant or condition
contained herein, nor operate as a waiver of any other or future breach.
12. Surrender of Possession on Termination.
Upon the cancellation or termination of this lease, Lessee shall surrender the Premises in
good order, condition and repair, reasonable wear and tear excepted. If Lessee elects to remove
its fixtures, it shall have the obligation at its sole cost and expense to repair any and all damages
caused in the removal of said fixtures. Lessee shall remove all trash and debris and leave the
Premises broom-clean.
135
13. General Provisions.
A. No officer, member or employee of City and no member of the City Council shall
have any pecuniary interest, direct or indirect, in this agreement or any proceeds
related to Lessor’s use of the Premises.
B. This agreement shall be administered and interpreted under the laws of the State
of California. Jurisdiction of litigation arising from this agreement shall be in that
state and venue shall be in Santa Clara County, California. If any part of thi s
agreement is found to conflict with applicable laws, such part shall be inoperative,
null and void insofar as it conflicts with said laws, but the remainder of this
agreement shall be in full force and effect.
C. Lessee understands and agrees that there is no representation, implication, or
understanding that Lessor will renew this agreement or authorize use of the
Premises under a new agreement following expiration or termination of this
agreement. Lessee waives all rights or claims to notice or hearing respecting any
failure by City to renew or extend this agreement or any other authorization to use
the Premises except as otherwise explicitly stated herein.
D. This agreement is entered only for the benefit of the parties executing this
agreement and not for the benefit of any other individual, entity or person.
E. The provisions of this Agreement which by their nature should survive expiration
or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
F. Both Lessor and Lessee have drafted and reviewed this agreement, and
accordingly, the normal rule of construction to the effect that any ambiguities are
to be resolved against the drafting party, and shall not be employed in the
interpretation of this Agreement or any amendment of it.
G. This agreement contains the entire agreement between the parties with regard to
the matters set forth, except as otherwise specifically set forth in this agreement.
This agreement may be amended or modified only by an agreement in writing
executed in the same manner as this agreement.
H. Each of the exhibits listed in the Exhibit List below are a part of this agreement
and hereby incorporated herein.
136
WIT NE WHEREOF, the parties hereto have executed this Agreement as et forth below.
Date: --------------------
ATTEST:
By: ---------------------Debbie Bret sc hneider. City Clerk
Date: --------------------
APPROVED AS TO FORM:
By: ----------------------Richard Taylo r, City Attorney
Date: ------------------
Ex hibit Li s t
Exhibit A -Property De sc ription
Ex hibits B-Diagram s ofPremises
Ex hibit C-Premi es Rule s of Use
Ex hibit D -Insurance Requirements
137
Exhibit A
Property Description
Assessor Parcel Nos. 397-30-053, 386-26-070, 386-26-071 as illustrated on the attached pages.
Assessor Parcel No. 397-30-053
'NGS_1984_Web_Mercator_Auxiliary_Sphere
The map is inlended ror reference pui'JXISet on tv and the Cify and u mlf is not responsibW! for errors_
138
Assessor Parcel Nos. 397-26-070 & 071
IJVGS_1984_ Web_Mercator_Auxiliary_Sphere
Ttle map is intended fo r reference purposes ontf and the-Clly and its stiff IS not responsible for errors.
139
Exhibit B
Location of Premises
The diagram on the attached page shows the locations of the premises on the Property described
in Exhibit A. The premises consists of: Joan Pisani Community Center, Recreation Portable,
Preschool Portable and Grounds, Warner Hutton House, Saratoga Prospect Center (including
Grace Building and Friendship Hall) except for portions shown as not being included in the
lease.
140
141
Recreation
Portable
Joan Pisani Community Center
Areas excluded from Lease
142
Saratoga Preschool Building & Grounds
Areas excluded from Lease II
143
Warner Hutton House
Areas excluded from Lease. Attic excluded from Lease.
I
•
144
Grace Building
Areas excluded from Lease
145
Friendship Hall
Areas excluded from Lease
146
Exhibit C
Premises Rules of Use
1. Alcoholic beverages are not allowed on the Premises except with pre-approval by Lessor’s
contact and subject to all applicable alcoholic beverage control laws and the following:
A. Lessor’s Permission to Serve Alcohol form has been completed and approved.
B. Events larger than 30 people where alcohol is consumed require one security
guard and events larger than 100 people require two security guards unless Lessee
provides City with information demonstrating that such security is not required
and this requirement is waived by City’s Contact.
C. Sale of alcoholic beverages or charging an admission price, which includes
alcoholic beverages requires (at Lessee’s expense), the appropriate license from
the Alcoholic Beverage Control Dept. A 24-hour liquor license can be acquired
at: Alcoholic Beverage Control Dept., 100 Paseo de San Antonio, Suite 119, San
Jose, CA 95113. (408) 277-1200.
D. Beer and wine only are permitted. No hard alcohol is allowed.
2. Smoking is not allowed in the Premises (including any lobby areas) or within 20 feet of the
Premises.
3. Lessee shall maintain safe exit pathways in the Premises at all times. No obstructions are
allowed which will interfere or prohibit passage by occupants to the “exit” doors in case
of an emergency building evacuation. The number of people at the event shall not exceed
the building capacity designated by the City.
4. Lessee shall observe, obey and comply with all applicable City, County, State and Federal
laws including, but not limited to, the following:
a. County Health Department requirements regarding food services;
b. State of California, Department of Social Services regulations in Title 22 of the
California Code of Regulations;
c. Copyright laws and all related licensing requirements;
d. Title VII of the Civil Rights Act of 1964 and other laws prohibiting
discrimination and providing that no person shall, on the grounds of race, creed,
color, disability, sex, sexual orientation, national origin, age, religion, Vietnam
era veteran's status, political affiliation, or any other non-merit factors be
excluded from participating in, be denied the benefits of, or be otherwise
subjected to discrimination under this agreement;
147
e. Lessee shall submit a complete set of fingerprints of all Lessee’s personnel
(including employees, contractors, and volunteers) to the Department of Justice
along with authorization to release a criminal history summary to Lessee. Lessee
shall maintain this information in its files, provide a copy to the City Contact, and
review all criminal history summaries before using the Premises, and ensure that
no personnel pose a threat to the health, safety, or welfare of any participant.
f. Lessee shall screen for tuberculosis, pursuant to Public Resources Code 5163, all
of Lessee’s personnel (including employees, contractors, and volunteers) who will
have supervisory or disciplinary authority over minors and the elderly in Lessee
programs at City facilities, and ensure that Lessee has on file and has provided to
the City Contact certificates showing that within the last two years each of
Lessee’s personnel has been examined and has been found to be free of
communicable tuberculosis.
5. City is not responsible for any materials stored in connection with this agreement.
6. Lessee shall provide its own personal tools; supplies and equipment at his/her own cost and
shall coordinate pertinent media activities with City Contact.
7. Lessee shall report all maintenance problems (burnt-out light bulbs, faulty bathroom sinks,
toilets, etc.) to the City Facilities Department (408-868-1277).
8. Lessee events or other activities generating noise in excess of City standards must obtain a
noise exemption permit in accordance with the noise ordinance in effect at the time of the
event or activity.
9. Additional restroom facilities will be required for events where the number of people exceed
the toilet to person ratio of 1:300.
10. Photographs or recordings taken of Lessee activities that include Lessee’s image or the image
of Lessee’s personnel may be used by Lessor for any purpose subject to any applicable
copyright restrictions held by a third-party copyright holder.
11. Lessee and its personnel shall comply with Lessor’s policy of maintaining a drug-free
workplace. If Lessee or any of its personnel is convicted or pleads nolo contendere to a
criminal drug statute violation occurring at the Premises, Lessee, within five days
thereafter, shall notify Lessor.
12. Lessee shall have its personnel on the Premise at all times the facilities are being used by
Lessee.
148
Exhibit D
Insurance Requirements
1. Lessee shall procure and maintain insurance during the entire term of this Lease
Agreement against claims for injuries to persons or damages to property which in any
way relate to, arise from, or relate to use of the Premises and any acts or omissions of
Lessee. This insurance shall meet the following specifications, unless waived in writing
by Lessor’s Risk Manager:
a. Lessee shall procure and maintain for the duration of the agreement insurance
against claims for injuries to persons or damages to property which may arise
from or about the use of the Premises by Lessee or its agents, representatives, or
employees.
b. Coverage shall be at least as broad as:
(1) Commercial General Liability (CGL): Insurance Services Office Form
CG 20 01 04 13 covering CGL on an “occurrence” basis, including
products-completed operations, personal & advertising injury, with limits
no less than $2,000,000 per occurrence.
(2) Workers’ Compensation insurance as required by the State of California,
with Statutory Limits, and Employer’s Liability Insurance with limit of no
less than $1,000,000 per accident for bodily injury or disease.
(3) Any deductibles or self-insured retentions (“SIR”) must be declared to and
approved by Lessor and shall not reduce the limits of liability. Policies
containing any SIR provision shall provide or be endorsed to provide that
either the named Insured or Lessor may satisfy the SIR. Lessor may
require Lessee to provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the
retention.
c. All policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds with the maximum scope and amount of
overage available under the policy with respect to liability arising out of
activities performed by or on behalf of Lessee including materials and
parts or equipment furnished in connection with such activity.
(2) The Additional Insured coverage under Lessee’s policy shall be ''primary
and non-contributory" and will not seek contribution from Lessor’s
insurance or self-insurance and shall be at least as broad as CG 20 01 04
13.
149
(3) For any claims related to this agreement, Lessee’s insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees, agents and volunteers.
(4) The Insurance Company agrees to waive all rights of subrogation against
the City, its elected or appointed officers, officials, agents and employees
for losses paid under the terms of any policy which arise from activity of
Lessee.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be canceled by either party, except after thirty (30)
days’ prior written notice (10 days for non-payment) has been given to the
City.
d. The limits of insurance required in this agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of the City
(if agreed to in a written agreement) before the City's own insurance or self-
insurance shall be called upon to protect it as a named insured.
e. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less
than A: VII, unless otherwise acceptable to the City. The City reserves the right
to obtain a full-certified copy of any Insurance policy and endorsements at any
time. Failure to exercise this right shall not constitute a waiver of right to exercise
later.
f. Lessee shall furnish Lessor with original certificates and amendatory
endorsements effecting coverage required by this clause on an annual basis. All
certificates and endorsements are to be received and approved by Lessor before
work related to the covered activity commences. Lessor reserves the right to
require complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications, at any time.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
g. City reserves the right to modify these requirements, including limits, based on
the nature of the risk, prior experience, insurer, coverage, or other special
circumstances. Lessor reserves the right to modify or waive insurance
requirements for certain low risk activities. Such modifications or waivers must
be in writing from the Risk Manager.
h. Any available insurance proceeds broader than or in excess of the specified
minimum insurance coverage requirements and/or limits shall be available to the
City as an additional insured. Furthermore, the requirement for coverage and
limits shall be (1) the minimum coverage and limits specified in the Agreement;
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or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater.
i. Lessee agrees to include with all contractors in their contracts the same
requirements and provisions of this agreement including the indemnity and
insurance requirements to the extent they apply to the scope of the contractor's
work. Contractors hired by Lessee shall agree to be bound to Lessee and City in
the same manner and to the same extent as Lessee is bound to City under this
Agreement. A copy of the indemnity and insurance requirements from this
agreement shall be furnished to all such contractors. Lessee shall require all
contractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any work for
Lessee and will provide proof of compliance to the City.
151
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:Community Development Department
PREPARED BY:Tony Gonzalez, Code Compliance Officer
SUBJECT:Weed and Brush Abatement Program Public Nuisance Declaration &
Abatement Order
RECOMMENDED ACTION:
Adopt the attached resolution declaring properties listed in the resolution to be a public nuisance,
order abatement of the public nuisance,and authorize the Santa Clara County Weed Abatement
program to remove hazardous vegetation from these properties.
BACKGROUND:
There are two programs in Saratoga that work to protect the City from wildfire risk by reducing
potential fuel, such as weeds and brush. These two programs include the Weed Abatement
Program managed by the City of Saratoga in partnership with the County of Santa Clara via
contract and the Brush Abatement Program (Wildland Urban Interface Preparedness Inspection)
managed by the Santa Clara County Fire Department.
Properties that failed to meet the requirements of the two programs are noted in the attached
resolution. Adoption of the attached resolution will declare the weeds, brush, and other hazardous
conditions on these properties to be a public nuisance and authorize the contractor designated by
the Santa Clara County Weed Abatement Program to conduct the necessary abatement work to
remove the nuisance. Properties on the adopted resolution will be abated by the Santa Clara County
Weed Abatement Program contractor after June 29, 2021.
Weed Abatement Program
On February 17, 2021,the Code Compliance Officer mailed notices to property owners on the
Weed Abatement Program List with information about the program requirements, with a
compliance date of April 15, 2021 and the associated fees for non-compliance. While all properties
in the City are subject to Weed Abatement requirements, only properties on the list are inspected
and subject to Weed Abatement Program fees. Properties must maintain three (3)consecutive
years of compliance to be removed from the list.
On April 16, 2021,the Code Compliance Officer performed compliance inspections of all the
properties currently on the Weed Abatement Program List. In May 2021,a second notice was sent
to property owners of non-compliant properties to inform them of non-compliance and to advise
152
them of the June 16, 2021 public nuisance declaration and abatement order hearing. The Code
Compliance Officer conducted another inspection on June 15, 2021 to determine if compliance
had been achieved. Owners of properties that met program requirements at the time of inspection
will not be subject to any fees.
Properties declared a public nuisance and included in the abatement order will be subject to the
following fees established by the County of Santa Clara:
$84 Initial Inspection Fee
$466 Administrative Fee
If work is performed by the County contractor, property owners will be responsible for the
following fees established by the County of Santa Clara:
$809 Contract Work Fee
Actual Cost of Work (prices may vary depending on amount and type of work, such as disc
work, hand work, debris removal, etc.)
If a property is compliant with Weed Abatement Program requirements when the County
contractor arrives to perform work, the property owner will not be subject to the $809 Contract
Work Fee or Actual Cost of Work.
Brush Abatement Program Inspections
All properties in the City’s Wildland Urban Interface (WUI) area are subject to requirements of
the Brush Abatement Program, managed by the Santa Clara County Fire Department. This area of
the City has been identified as most susceptible to wildfire. On March 1, 2021, theFire Department
mailed notices to owners of properties in the WUI to remind them of program requirements and
the compliance deadline.
Following the deadline, County Fire inspectors found one property that failed to meet program
requirements. As a result, on April 16, 2021, the Fire Department placed a notice on the front door
of the property to inform the owner of non-compliance and to advise them of the upcoming June
16, 2021 public nuisance declaration and abatement order hearing.
The property identified as non-compliant with Brush Abatement Program requirements in the
nuisance declaration and abatement order will be subject to the following fees established by the
County of Santa Clara if abatement work is performed by the County Contractor:
$809 Contract Work Fee
Actual Cost of Work (prices may vary depending on amount and type of work, such as disc
work, hand work, debris removal, etc.)
If a property is compliant with Brush Abatement Program requirements when the County
contractor arrives to perform work, the property owner will not be subject to the $809 Contract
Work Fee or Actual Cost of Work.
153
Property Owner Bills & Assessments
The City Council is tentatively scheduled to receive an itemized report of unpaid bills for Weed
Abatement Program and Brush Abatement Program expenses in January 2022. At that time, the
City Council will be asked to consider a resolution confirming assessments on these properties.
Following the hearing, approved assessments will be submitted to the County Tax Assessor to be
applied to the property tax roll. In addition to the unpaid bills, property owners that are assessed
will be subject to a $150 City Administrative Fee.
FISCAL IMPACT:
The County of Santa Clara will issue a bill to the City of Saratoga for all program costs. The total
bill from the County has ranged from roughly $15,000 to $17,000 each year. The City in turn
recovers the costs from non-compliant property owners through billing and assessments.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice regarding this public hearing was printed in the Saratoga News and posted at City Hall
on May 27, 2021. On this same day the City also mailed notices to non-compliant property owners.
ATTACHMENT:
Attachment A – Resolution Declaring a Public Nuisance and Ordering Abatement
154
RESOLUTION 21-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING HAZARDOUS VEGETATION (WEEDS & BRUSH) TO BE A PUBLIC
NUISANCE ON SPECIFIED PROPERTIES AND ORDERING ABATEMENT TO
CORRECT THE NUISANCE
WHEREAS, hazardous vegetation, including weeds and brush, is growing in the City of
Saratoga upon certain streets, sidewalks, highways, roads, and private property; and
WHEREAS, the weeds, brush, and rubbish create a fire hazard and/or health hazard; and
WHEREAS, said weeds, brush, and rubbish constitute a public nuisance; and
WHEREAS, in Saratoga, the Weed Abatement Program and Brush Abatement Program
are the two programs that help prevent wildfires by reducing the amount of hazardous vegetation
and debris;
NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves the following:
1. That weeds, brush, and/or rubbish that create a fire hazard and/or health hazard are a public
nuisance;
2. On February 17, 2021 the City of Saratoga mailed notices to properties on the Weed
Abatement Program list informing owners of Weed Abatement Program requirements and
the April 15, 2021 deadline to comply with Weed Abatement Program requirements;
3. On March 1, 2021 the Santa Clara County Fire Department sent notices to property owners
in the Saratoga Wildland Urban Interface area informing owners of Brush Abatement
Program requirements and the April 1 deadline for compliance;
4. That a nuisance exists or recurs upon the streets, sidewalks, highways, roads, and private
property noted by parcel number as listed on the attached report (“Report”);
5. The Report indicates whether a property failed to comply with Weed Abatement Program
or Brush Abatement Program requirements;
6. In the month of May 2021 the City of Saratoga mailed a second notice to properties listed
on the Report that failed to meet Weed Abatement Program requirements, to advise owners
of non-compliance and of this Council’s June 16, 2021 public hearing to consider declaring
a nuisance on those properties a nuisance and ordering abatement of that nuisance;
155
7. On April 16, 2021 the County Fire Department placed a notice on the front door of
properties listed on the Report that failed to meet Brush Abatement Program requirements
to inform the owners of non-compliance and to advise them of the upcoming June 16, 2021
public nuisance declaration and abatement order hearing and the City of Saratoga on May
27, 2021 sent a supplemental letter to these property owners;
8. A notice regarding the public hearing to consider the nuisance declaration and order to
abate was printed in the Saratoga News and posted at City Hall on May 27, 2021;
9. Properties identified in the Report as not complying with Weed Abatement Program
requirements, are subject to a $84 Initial Inspection Fee and $466 Failed Inspection Fee;
10. The Santa Clara County Weed Abatement Program is hereby designated as the responsible
party to, and is directed to, cause abatement of the seasonal and recurring hazardous
vegetation (weeds and brush) nuisance on the properties identified in the Report;
11. All properties identified in the Report may be subject to a $809 Contract Work Fee and
actual cost of abatement work if the property is not compliant with Weed Abatement
Program or Brush Abatement Program requirements when the contractor designated by the
Santa Clara County Weed Abatement Program arrives to perform abatement work; and
12. All properties in the approved Report will be included in the 2022 Weed Abatement
Program List to be inspected for compliance with Weed Abatement Program requirements
and will remain on that list until inspections have determined compliance for three
consecutive years.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, City Clerk
156
WEED ABATEMENT PROGRAM & BRUSH ABATEMENT PROGRAM
NON-COMPLIANT PROPERTIES REPORT
ADDRESS APN PROGRAM
12445 PASEO CERRO 386-11-021 WEED ABATEMENT
0 MT EDEN RD 503-13-067 WEED ABATEMENT
0 MT EDEN RD 503-13-143 WEED ABATEMENT
15401 BELLECOURT AVE 510-04-003 BRUSH ABATEMENT
157
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:Public Works
PREPARED BY:John Cherbone, Public Works Director
SUBJECT:Landscaping & Lighting Assessment District LLA-1 -Public Hearing,
Approval of Engineer’s Report, and Confirmation of Assessments for FY
21-22
RECOMMENDED ACTION:
Conduct the public hearing and following consideration of public comments adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY
21-22.
BACKGROUND:
At its April 21, 2021 meeting, the City Council adopted a resolution declaring its intent to order
the levy and collection of assessments in the City’s Landscaping and Lighting District LLA-1 for
Fiscal Year 2021-2022 and calling a public hearing on the matter for June 16, 2021. Attached is
the final resolution required to complete the renewal of the District for FY 21-22 (Attachment
A). The Resolution approves the appropriate Engineer’s Report and confirms the assessments
for the upcoming fiscal year. The Council can consider the Resolution only after the close of the
public hearing.
FOLLOW UP ACTION:
The assessment roll will be finalized and transmitted to the County Auditor by August 10th for
placement on the upcoming tax roll.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The Resolution of Intention and Notice of Hearing have been published a locally distributed
newspaper as prescribed by law.
ATTACHMENTS:
Attachment A –Resolution Confirming Assessments
Attachment B -Engineer’s Report
158
RESOLUTION NO. 20-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ORDERING
THE IMPROVEMENTS AND CONFIRMING
THE DIAGRAM AND ASSESSMENT FOR
FISCAL YEAR 2021-2022
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-1
. . .
WHEREAS, on the 2nd day of December, 2020, said Council adopted its Resolution
No. 20-076, "A Resolution Describing Improvements and Directing Preparation of Engineer's
Report for Fiscal Year 2021-2022" for the City of Saratoga Landscaping and Lighting
Assessment District LLA-1, pursuant to the Landscaping and Lighting Act of 1972, and directed
the City Assessment Engineer to prepare and file with the Clerk of this City a written report
called for under said Act and by said Resolution No. 20-076; and
WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon
said Clerk presented it to the City Council for its consideration; and
WHEREAS, said Council thereupon duly considered said report and each and every part
thereof and found that it contained all the matters and things called for by the provisions of said
Act and said Resolution No. 20-076, including (1) plans and specification of the existing
improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the
District; and (4) an assessment according to benefits; all of which were done in the form and
manner required by said Act; and
WHEREAS, said Council found that said report and each and every part thereof was
sufficient in every particular and determined that it should stand as the report for all subsequent
proceedings under said Act, whereupon said Council pursuant to the requirements of said Act,
appointed Wednesday, the 16th day of June, 2021 at the hour of 7:00 p.m. at either (1) the City
Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, or (2) a teleconference
location to be specified in the agenda for the City Council meeting to be held on that day, are
hereby appointed and fixed as the time and place for a hearing by this Council for hearing
protests in relation to the levy and collection of the proposed assessments for said improvements,
including the maintenance or servicing, or both, thereof, for Fiscal Year 2021-2022, and
directing said Clerk to give notice of said hearing as required by said Act; and
WHEREAS, it appears that notices of said hearing were duly and regularly published
and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and
Certificates on file with said Clerk, and that all notices and ballots required by Article XIIID,
Section 4(c) and (d) of the California Constitution, were mailed to all property owners of record
subject to the assessment at least 45 days prior to the date of the public hearing on the proposed
assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk,
whereupon said hearing was duly and regularly held at the time and place stated in said notice;
and
WHEREAS, persons interested, objecting to or in favor of, said improvements, including
the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any
zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs
159
thereof, and all persons desiring to be heard were given an opportunity to be heard, and all
matters and things pertaining to the levy and collection of the assessments for said
improvements, including the maintenance or servicing, or both, thereof, were fully heard and
considered by said Council;
NOW, THEREFORE BE IT RESOLVED,
1.That the public interest, convenience and necessity require and said Council does
hereby order the levy and collection of assessments pursuant to said Act, for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, more
particularly described in said Engineer's Report and made a part hereof by reference thereto.
2.That the City of Saratoga Landscaping and Lighting Assessment District LLA-1
and the boundaries thereof benefited and to be assessed for said costs for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, are
situate in Saratoga, California, and are more particularly described by reference to a map thereof
on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of
the territory included in said District and any zone thereof and the general location of said
District.
3.That the plans and specifications for the existing improvements and for the
proposed improvements to be made within the assessment district or within any zone thereof
contained in said report, be, and they hereby are, finally adopted and approved.
4.That the Engineer's estimate of the itemized and total costs and expenses of said
improvements, maintenance and servicing thereof, and of the incidental expenses in connection
therewith, contained in said report, be, and it hereby is, finally adopted and approved.
5.That the public interest and convenience require, and said Council does hereby
order the improvements to be made as described in and in accordance with said Engineer's
Report, reference to which is hereby made for a more particular description of said
improvements.
6.That the diagram showing the exterior boundaries of the assessment district
referred to and described in said Resolution No. 20-076, and also the boundaries of any zones
therein and the lines and dimensions of each lot or parcel of land within said District as such lot
or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies,
each of which lot or parcel of land has been given a separate number upon said diagram, as
contained in said report, be, and it hereby is, finally approved and confirmed.
7.That the assessment of the total amount of the costs and expenses of said
improvements upon the several lots or parcels of land in said District in proportion to the
estimated benefits to be received by such lots or parcels, respectively, from said improvements,
and the maintenance or servicing, or both, thereof and of the expenses incidental thereto
contained in said report be, and the same hereby is, finally approved and confirmed.
8.That said Engineer's Report for Fiscal Year 2021-2022 be, and the same hereby is,
finally adopted and approved as a whole.
9.That the City Clerk shall forthwith file with the Auditor of Santa Clara County the
said assessment, together with said diagram thereto attached and made a part thereof, as
confirmed by the City Council, with the certificate of such confirmation thereto attached and the
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date thereof.
10.That the order for the levy and collection of assessment for the improvements and
the final adoption and approval of the Engineer's Report as a whole, and of the plans and
specifications, estimate of the costs and expenses, the diagram and the assessment, as contained
in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to
said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to
and in accordance with any resolution or order heretofore duly adopted or made by this Council.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
City of Saratoga
ATTEST:
DATE:
Debbie Bretschneider, City Clerk
1252298.1
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CITY OF SARATOGA
LANDSCAPING & LIGHTING DISTRICT LLA- 1
ENGINEER’S REPORT
FISCAL YEAR 2021/2022
APRIL 1, 2021
162
TABLE OF CONTENTS
SECTION I. OVERVIEW ..................................................................................................... 1
SECTION II. PLANS AND SPECIFICATION .................................................................. 3
SECTION III. PROPOSED FISCAL YEAR 2021/2022 BUDGET ..................................... 6
A. ESTIMATED FISCAL YEAR 2021/2022 BUDGET ............................................. 6
SECTION IV. METHOD OF APPORTIONMENT .......................................................... 13
A. GENERAL ............................................................................................................. 13
B. BENEFIT ANALYSIS .......................................................................................... 13
C. ASSESSMENT METHODOLOGY ...................................................................... 16
D. ASSESSMENT RANGE FORMULA ................................................................... 18
SECTION V. ASSESSMENT ROLL .............................................................................. V-1
SECTION VI. ASSESSMENT DIAGRAM ..................................................................... VI-1
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SECTION I. OVERVIEW
A. Introduction and Background
In 1980, the City of Saratoga (the “City”) formed the City of Saratoga Landscaping and
Lighting Assessment District LLA-1 (the “District”). The District currently consists of 26
Zones which are budgeted separately and the properties within each Zone are assessed
annually for their proportionate share of special benefit of the maintained improvements as
further described in this Engineer’s Report (the “Report”). This Report constitutes the
Fiscal Year 2021/2022 Engineer’s Report for the District.
The City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972,
Part 2 of Division 15 of the Streets and Highways Code of California, beginning with
Section 22500 (“1972 Act”) and in compliance with the substantive and procedural
requirements of the California State Constitution Article XIIIC and XIIID (“Proposition
218”) and the Proposition 218 Omnibus Implementation Act (Government Code Section
53750 and following) (the “Implementation Act”) desires to levy and collect annual
assessments against lots and parcels within the District beginning in the fiscal year
commencing July 1, 2021 and ending June 30, 2022 to pay for the operation, maintenance
and servicing of landscaping and public lighting improvements within the District. The
proposed assessments are based on the City’s estimate of the costs for Fiscal Year
2021/2022 to maintain the improvements that provide a special benefit to properties
assessed within the District. The assessment rates set for Fiscal Year 2021/2022 as set forth
in this Report, do not exceed the maximum rates established at the time each of the zones
were established and/or balloted for compliance with Proposition 218, therefore, the City and
the District are not required to go through a property owner ballot procedure in order to
establish the 2021/2022 assessment rates.
City Council dissolved Zones 4, 5, 7, and 24 in accordance with the Section 22610 of the
1972 Act in FY 2020/2021. These Zones are no longer included in this report.
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B. Contents of Engineer’s Report
This Report describes the District boundaries and the proposed improvements to be
assessed to the property owners located within zones of the District. The Report is made
up of the following sections.
Section I. Overview – Provides a general introduction into the Report and provides
background on the District, zones and the assessments.
Section II. Plans and Specifications – Contains a general description of the improvements
that are maintained and serviced by each of the zones within the District.
Section III. Proposed Fiscal Year 2021/2022 Budget – Identifies the cost of the
maintenance and services to be provided by each zone within the District including
incidental costs and expenses.
Section IV. Method of Apportionment – Describes the basis in which costs have been
apportioned to lots or parcels within each of the zones within the District, in proportion to
the special benefit received by each lot or parcel.
Section V. Assessment Roll – The assessment roll identifies the assessment to be levied
to each lot or parcel within the District.
Section VI. Assessment Diagram – Displays a diagram of the District showing the
boundaries of the District and the zones.
For this Report, each lot or parcel to be assessed, refers to an individual property assigned
its own Assessment Parcel Number (“APN”) by the Santa Clara County (“County”)
Assessor’s Office as shown on the last equalized roll of the assessor.
Following the conclusion of the Public Hearing, the City Council will confirm the Report
as submitted or amended and may order the collection of assessments for Fiscal Year
2021/2022.
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SECTION II. PLANS AND SPECIFICATION
A. General Description of the District
The District currently consists of 26 Zones (4 additional Zones were dissolved in FY
2020/21) located within the City. Each Zone incorporates specific improvements that were
established at the time of development of the properties within the Zone or were installed
for the benefit of the properties within the Zone. Some Zones are currently not levied based
on the current reserves and other revenue sources such as property taxes available to the
Zones. The Assessment Diagram showing the boundaries of the District and the location
of the Zones is included in Section VI of this report.
B. Description of Services and Improvements to be Maintained
The District provides a funding mechanism for the ongoing maintenance, operation and
servicing of landscaping and public lighting improvements that provide special benefit to
properties located within each Zone. These improvements may include, but are not limited
to, the design, construction or installation, including the maintenance or servicing, or both,
thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation,
statuary, fountains and other ornamental structures and facilities, and public lighting
facilities for the lighting of any public places, including traffic signals, ornamental
standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires,
conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches,
capacitors, meters, communication circuits, appliances, attachments and appurtenances.
The improvements also may include the cost of repair, removal or replacement of all or
any part thereof, providing for the life, growth, health and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the
removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas
or other illuminating agent for any public lighting facilities or for the lighting or operation
of any other improvements; and the operation of any fountains or the maintenance of any
other improvements.
Maintenance services will be provided by City personnel and/or private contractors. The
proposed improvements to be maintained and services are generally described as follows:
ZONE IMPROVEMENTS
1 (Manor Drive Landscape District) Landscape maintenance of the Manor Drive
median and Saratoga-Sunnyvale Road frontage along Tract 3822.
2 (Fredericksburg Landscape District) Landscape maintenance along the Cox
Avenue frontage of Tracts 3777, 4041 and 4042.
3 (Greenbriar Landscape District) Landscape maintenance of the Seagull Way
entrance to Tracts 4628, 4725 and 4726 and the common areas along Goleta
Avenue and Guava Court.
6 (Sarahills Lighting District) Street lighting in the Sarahills residential
neighborhood: Tracts 3392 and 3439.
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ZONE IMPROVEMENTS
9 (McCartysville Landscape District) Landscape maintenance along the
Saratoga- Sunnyvale Road frontage of Tract 5944.
10 (Tricia Woods Landscape District) Landscape maintenance along the
Saratoga- Sunnyvale Road frontage of Tract 7495 (Maintenance and water
shared with Zone 27).
11 (Arroyo de Saratoga Landscape District) Landscape maintenance of the Via
Monte entrances to all or a portion of Tracts 2694, 2835, 3036 and 4344.
12 (Leutar Court Landscape District) Landscape maintenance of the Leutar Court
frontage in Tract 6996.
15 (Bonnet Way Landscape District) Monthly landscape maintenance along
Bonnet Way of Tract 5462.
16 (Beauchamps Landscape District) Landscaping and lighting of the Prospect
Road entrance to the Beauchamps subdivision, Tract 7763.
17 (Sunland Park Landscape District) Landscape maintenance along Quito Road
frontage of Tracts 976 and 977.
22 (Prides Crossing Landscape District) Periodic landscape maintenance along
Prospect Road between the Route 85 overcrossing and Saratoga Creek.
Includes all properties bordered by Route 85, Prospect Road and Saratoga
Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644,
1695, 1727, 1938, and 1996).
25 (Saratoga Legends Landscape District) Landscape maintenance along the
Saratoga-Sunnyvale Road frontage of, and pedestrian pathways within Tract
8896.
26 (Bellgrove Landscape and Lighting District) Landscape maintenance of
common area and lighting associated with Tract 8700.
27 (Cunningham Place/Glasgow Court Landscape District) Landscape
maintenance along the Saratoga-Sunnyvale Road frontage of Tracts 6199 and
7928. (Maintenance and water shared with Zone 10).
28 (Kerwin Ranch Landscape District) Landscape maintenance along the
Fruitvale Avenue and Saratoga Avenue frontages of Tracts 8559 and 8560.
29 (Tollgate Landscape and Lighting District) Maintenance of the common area
landscape and lighting improvements along Tollgate Road at the entrance to
Tracts 3946 and 5001.
31 (Horseshoe Drive Landscape and Lighting District) Landscape maintenance
along the Saratoga-Los Gatos Road frontage of Tract 247.
32 (Gateway Landscape and Lighting District) Landscape maintenance of
frontage along Saratoga-Sunnyvale Road between Prospect Road and the
Union Pacific railroad tracks.
33 (Carnelian Glen Landscape and Lighting District) Maintenance of landscaping
along the Saratoga-Los Gatos Road frontage of APNs 397-21-031 and 397-37-
015.
34 (Westbrook Landscaping & Lighting District) Provides for maintenance of
landscaping along the Prospect Road frontage of Tracts 1222 and 1179 and
lighting within both tracts.
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ZONE IMPROVEMENTS
35 (Tract No. 10168 Landscaping and Lighting District) – Provides for
maintenance of landscaping (bioretention treatment swale) on each lot of Tract
10168.
36 (Allendale Landscaping and Lighting District) – Provides for maintenance of
landscaping along the Allendale Avenue frontage of Tract 1718, along Harleigh
Drive and Perego Way.
37 (Covina Landscaping and Lighting District) – Provides for landscape and
lighting maintenance along Prospect Road from State Route 85 to the westerly
border of Tract 3596, at entranceway from Prospect Road to Covina Way and
at Kirkmont Drive entranceway to Tract 2967.
38 (Tract No. 10325 Landscaping and Lighting District) – Provides for
maintenance of Stormwater Treatment Measure including landscaping
(bioretention treatment swale) and pervious paving in Tract 10325.
39 (Brookview Landscaping & Lighting District) – Provides for landscape
maintenance along Prospect Road from Titus Avenue to Saratoga Creek, at
entranceways from Prospect Road to Brookglen Drive, Woodside Drive and
Titus Avenue.
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SECTION III. PROPOSED FISCAL YEAR 2021/2022 BUDGET
A. Estimated Fiscal Year 2021/2022 Budget
A summary of the proposed District fiscal year 2021/2022 budget is summarized, by category,
in the Tables shown below:
Zone Budgets
ZONE NUMBER ZONE 1 ZONE 2 ZONE 3 ZONE 6
Operations
Repairs $10,000.00 $5,000.00 $35,000.00 $5,000.00
Maintenance $2,400.00 $2,580.00 $4,800.00 $0.00
Water $800.00 $480.00 $4,094.00 $0.00
Electric $0.00 $0.00 $0.00 $2,340.00
Subtotals $13,200.00 $8,060.00 $43,894.00 $7,340.00
City Costs 1 $1,499.00 $3,805.00 $9,039.00 $2,535.00
Total Costs $14,699.00 $11,865.00 $52,933.00 $9,875.00
Revenue Sources
Carryover $26,099.00 $22,847.00 $61,913.00 $22,658.00
Property Tax/Interest $5,368.00 $1,156.00 $7,743.00 $150.00
Subtotals $31,467.00 $24,003.00 $69,656.00 $22,808.00
Net Cost ($16,768.00) ($12,138.00) ($16,723.00) ($12,933.00)
Carryover not recovered $19,312.00 $24,662.00 $43,985.00 $19,141.00
Carryover not reimbursed $0.00 $0.00 $0.00 $0.00
Net Assessment $2,544.00 $12,524.00 $27,262.00 $6,208.00
No. of Parcels 29 85 176 64
Assessment Per Parcel $87.72 $147.34 $154.90 $97.00
Rounded Assessment Per Parcel $87.72 $147.34 $154.90 $97.00
Maximum Assessment Per Parcel $208.95 $153.57 $184.29 $230.35
1. City Costs includes for all Zones administration and indirect costs. It also includes
maintenance costs for the Zones that utilize City Staff for maintenance.
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Zone Budgets, Cont.
ZONE NUMBER ZONE 9 ZONE 10 ZONE 11 ZONE 12
Operations
Repairs $25,000.00 $900.00 $25,000.00 $3,500.00
Maintenance $3,900.00 $1,200.00 $1,800.00 $1,200.00
Water $2,652.00 $483.00 $1,300.00 $980.00
Electric $253.00 $0.00 $0.00 $0.00
Subtotals $31,805.00 $2,583.00 $28,100.00 $5,680.00
City Costs 1 $2,069.00 $899.00 $11,259.00 $899.00
Total Costs $33,874.00 $3,482.00 $39,359.00 $6,579.00
Revenue Sources
Carryover $19,045.00 $5,948.00 $118,547.00 $16,291.00
Property Tax/Interest $69.00 $40.00 $800.00 $101.00
Subtotals $19,114.00 $5,988.00 $119,347.00 $16,392.00
Net Cost $14,760.00 ($2,506.00) ($79,988.00) ($9,813.00)
Carryover not recovered $8,658.00 $5,046.00 $106,108.00 $15,280.00
Carryover not reimbursed $0.00 $0.00 $0.00 $0.00
Net Assessment $23,418.00 $2,540.00 $26,120.00 $5,467.00
No. of Parcels 48 9 250 9
Assessment Per Parcel $487.88 $282.22 $102.48 $607.44
Rounded Assessment Per Parcel $487.88 $282.22 $102.48 $607.44
Maximum Assessment Per Parcel $501.46 $287.66 $153.57 $766.14
1. City Costs includes for all Zones administration and indirect costs. It also includes
maintenance costs for the Zones that utilize City Staff for maintenance.
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Zone Budgets, Cont.
ZONE NUMBER ZONE 15 ZONE 16 ZONE 17 ZONE 22
Operations
Repairs $1,400.00 $5,000.00 $7,500.00 $130,000.00
Maintenance $1,380.00 $2,400.00 $7,176.00 $3,216.00
Water $364.00 $4,000.00 $2,856.00 $3,600.00
Electric $0.00 $597.00 $0.00 $306.00
Subtotals $3,144.00 $11,997.00 $17,532.00 $137,122.00
City Costs 1 $1,859.00 $4,005.00 $9,759.00 $30,305.00
Total Costs $5,003.00 $16,002.00 $27,291.00 $167,427.00
Revenue Sources
Carryover $10,404.00 $7,263.00 $37,331.00 $136,222.00
Property Tax/Interest $60.00 $41.00 $208.00 $586.00
Subtotals $10,464.00 $7,304.00 $37,539.00 $136,808.00
Net Cost ($5,461.00) $8,698.00 ($10,248.00) $30,619.00
Carryover not recovered $10,630.00 $5,747.00 $35,479.00 $70,080.00
Carryover not reimbursed $0.00 $0.00 $0.00 $0.00
Net Assessment $5,169.00 $14,445.00 $25,231.00 $100,699.00
No. of Parcels 41 55 200 864
Assessment Per Parcel $126.07 $262.64 $126.16 $116.55
Rounded Assessment Per Parcel $126.06 $262.64 $126.16 $116.54
Maximum Assessment Per Parcel $127.30 $276.43 $167.16 $153.57
1. City Costs includes for all Zones administration and indirect costs. It also includes
maintenance costs for the Zones that utilize City Staff for maintenance.
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Zone Budgets, Cont.
ZONE NUMBER ZONE 25 ZONE 26 ZONE 27 ZONE 28
Operations
Repairs $5,000.00 $25,000.00 $15,000.00 $5,000.00
Maintenance $2,400.00 $29,112.00 $2,172.00 $4,680.00
Water $5,304.00 $24,515.00 $1,905.00 $5,313.00
Electric $0.00 $6,617.00 $125.00 $0.00
Subtotals $12,704.00 $85,244.00 $19,202.00 $14,993.00
City Costs 1 $1,079.00 $5,955.00 $1,559.00 $1,109.00
Total Costs $13,783.00 $91,199.00 $20,761.00 $16,102.00
Revenue Sources
Carryover $11,447.00 $69,942.00 $34,236.00 $16,061.00
Property Tax/Interest $57.00 $330.00 $250.00 $73.00
Subtotals $11,504.00 $70,272.00 $34,486.00 $16,134.00
Net Cost $2,279.00 $20,927.00 ($13,725.00) ($32.00)
Carryover not recovered $9,708.00 $64,427.00 $24,691.00 $16,799.00
Carryover not reimbursed $0.00 $0.00 $0.00 $0.00
Net Assessment $11,987.00 $85,354.00 $10,966.00 $16,767.00
No. of Parcels 15 94 31 16
Assessment Per Parcel $799.13 $908.02 $353.74 $1,047.94
Rounded Assessment Per Parcel $799.12 $908.02 $353.74 $1,047.94
Maximum Assessment Per Parcel $998.24 $1,458.97 $417.88 $1,114.38
1. City Costs includes for all Zones administration and indirect costs. It also includes
maintenance costs for the Zones that utilize City Staff for maintenance.
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Zone Budgets, Cont.
ZONE NUMBER ZONE 29 ZONE 31 ZONE 32 ZONE 33
Operations
Repairs $5,000.00 $5,000.00 $7,500.00 $3,500.00
Maintenance $1,200.00 $1,800.00 $2,640.00 $1,200.00
Water $1,500.00 $2,568.00 $4,546.00 $612.00
Electric $288.00 $108.00 $209.00 $0.00
Subtotals $7,988.00 $9,476.00 $14,895.00 $5,312.00
City Costs 1 $4,305.00 $3,905.00 $2,329.00 $1,229.00
Total Costs $12,293.00 $13,381.00 $17,224.00 $6,541.00
Revenue Sources
Carryover $25,370.00 $26,725.00 $51,001.00 $10,380.00
Property Tax/Interest $175.00 $129.00 $337.00 $60.00
Subtotals $25,545.00 $26,854.00 $51,338.00 $10,440.00
Net Cost ($13,252.00) ($13,473.00) ($34,114.00) ($3,899.00)
Carryover not recovered $23,220.00 $30,219.00 $53,304.00 $9,412.00
Carryover not reimbursed $0.00 $0.00 $0.00 $0.00
Net Assessment $9,968.00 $16,746.00 $19,190.00 $5,513.00
No. of Parcels 61 53 34 20
Assessment Per Parcel $163.41 $315.96 Various $275.65
Rounded Assessment Per Parcel $163.40 $315.96 Various $275.64
Maximum Assessment Per Parcel $292.53 $329.98 $26,269.132 $301.70
1. City Costs includes for all Zones administration and indirect costs. It also includes
maintenance costs for the Zones that utilize City Staff for maintenance.
2. Maximum Assessment for Zone 32 reflects the sum of assessments based on maximum
Administrative and Front Footage Rates for Fiscal Year 2021/2022.
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Zone Budgets, Cont.
ZONE NUMBER ZONE 34 ZONE 35 ZONE 36 ZONE 37
Operations
Repairs $2,000.00 $2,500.00 $1,000.00 $15,000.00
Maintenance $1,200.00 $4,763.00 $1,800.00 $1,260.00
Water $0.00 $0.00 $1,686.00 $3,000.00
Electric $0.00 $0.00 $0.00 $500.00
Subtotals $3,200.00 $7,263.00 $4,486.00 $19,760.00
City Costs 1 $2,635.00 $779.00 $1,274.00 $9,519.00
Total Costs $5,835.00 $8,042.00 $5,760.00 $29,279.00
Revenue Sources
Carryover $12,830.00 $22,130.00 $4,372.00 $49,414.00
Property Tax/Interest $78.00 $136.00 $26.00 $290.00
Subtotals $12,908.00 $22,266.00 $4,398.00 $49,704.00
Net Cost ($7,073.00) ($14,224.00) $1,362.00 ($20,425.00)
Carryover not recovered $12,784.00 $18,620.00 $3,352.00 $41,903.00
Carryover not reimbursed $0.00 $0.00 $0.00 $0.00
Net Assessment $5,711.00 $4,396.00 $4,714.00 $21,478.00
No. of Parcels 92 5 43 192
Assessment Per Parcel $62.08 $879.20 $109.63 $111.86
Rounded Assessment Per Parcel $62.08 $879.20 $109.62 $111.86
Maximum Assessment Per Parcel $64.20 $1,404.46 $116.79 $264.00
1. City Costs includes for all Zones administration and indirect costs. It also includes
maintenance costs for the Zones that utilize City Staff for maintenance.
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Zone Budgets, Cont.
ZONE NUMBER ZONE 38 ZONE 39
Operations
Repairs $5,000.00 $5,000.00
Maintenance $10,940.00 $2,100.00
Water $1,000.00 $4,000.00
Electric $158.00 $1,000.00
Subtotals $17,098.00 $12,100.00
City Costs 1 $839.00 $13,539.00
Total Costs $17,937.00 $25,639.00
Revenue Sources
Carryover $86,272.00 $19,295.00
Property Tax/Interest $527.00 $94.00
Subtotals $86,799.00 $19,389.00
Net Cost ($68,862.00) $6,250.00
Carryover not recovered $89,594.00 $17,401.00
Carryover not reimbursed $0.00 $0.00
Net Assessment $20,732.00 $23,651.00
No. of Parcels 7 326
Assessment Per Parcel $2,961.71 $72.55
Rounded Assessment Per Parcel $2,961.70 $72.54
Maximum Assessment Per Parcel $4,566.82 $153.24
1. City Costs includes for all Zones administration and indirect costs. It also includes
maintenance costs for the Zones that utilize City Staff for maintenance.
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SECTION IV. METHOD OF APPORTIONMENT
A. General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose
of providing certain public improvements, which include the construction, maintenance,
and servicing of landscaping and public lights and appurtenant facilities.
Streets and Highways Code Section 22573 requires that maintenance assessments be levied
according to benefit rather than the assessed value.
“The net amount to be assessed upon lands within an assessment district
may be apportioned by any formula or method which fairly distributes the
net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the
improvements.”
In addition, Article XIIID and the Implementation Act require that a parcel’s assessment
may not exceed the reasonable cost for the proportional special benefit conferred to that
parcel. A special benefit is a particular and distinct benefit over and above general benefits
conferred on property located within the assessment district. Article XIIID and the
Implementation Act further provides that only special benefits are assessable and the City
must separate the general benefits from the special benefits. They also require that publicly
owned properties which specifically benefit from the improvements be assessed.
B. Benefit Analysis
Each of the proposed improvements and the associated costs and assessments within the
District has been reviewed, identified and allocated based on special benefit pursuant to
the provisions of Article XIIID, the Implementation Act, and the Streets and Highways
Code Section 22573.
For All Zones
Proper maintenance and operation of the Improvements provide special benefit to
properties by providing;
1. Community character by helping to identify, distinguish and enhance these
neighborhoods, including the entrances;
2. Improved quality of life by reducing the potential for graffiti, eliminating dust and litter,
providing sound attenuation, eliminating potential for blight, and providing added
security and safety through lighting and an added City presence;
3. In the absence of the District, the work and improvements would not be otherwise
accomplished by the City or the City’s contractors. Therefore, the improvements are
deemed to have no general benefit to property outside of the District and in some cases
were required as a condition of development or petition of property owners.
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Zone 35
Proper maintenance and operation of the Improvements provide special benefit to
properties by providing;
1. Satisfaction of National Pollutant Discharge Elimination System (NPDES) permit and
a condition of development;
2. Reduces impervious runoff volumes and rates;
3. Recharges groundwater and sustains stream base flows; and
4. Reduces detention needs.
Zone 36
Proper maintenance and operation of the Improvements provide special benefit to
properties by providing;
1. Community character by helping to identify, distinguish and enhance these
neighborhoods, including the entrances;
2. Improved quality of life by reducing the potential for graffiti, eliminating dust and litter,
providing sound attenuation, eliminating potential for blight, and providing added
security and safety through lighting and an added City presence;
3. Both Harleigh Drive and Perego Way are cul-de-sac streets with the only access point
located at Allendale Avenue. Therefore, it is the property along these streets that
receive special benefit and any general benefits to properties outside the District are so
minor as to be impossible to quantify.
Zone 37
Proper maintenance and operation of the Improvements provide special benefit to
properties by providing;
1. Community character by helping to identify, distinguish and enhance these
neighborhoods, including the entrances;
2. Improved quality of life by reducing the potential for graffiti, eliminating dust and litter,
providing sound attenuation, eliminating potential for blight, and providing added
security and safety through lighting and an added City presence;
3. Covina Way and Kirkmont Drive are the primary access points for the properties within
the Zone. Therefore, it is the properties within the Zone that receive special benefit
from the maintenance of the improvements. Although the improvements include public
easements, right-of-ways, streets and other amenities visible to the public at large, the
construction and installation of these improvements as well as the annual maintenance
will only be approved with the formation of this Zone and were not required nor
necessarily desired by any properties or developments outside the Zone’s boundaries.
Therefore, any public access or use of the improvements by others is incidental and
there is no measurable general benefit to properties outside the Zones or to the public
at large. In making this determination it should be noted that parkway and perimeter
landscaping within the City is both funded and maintained by a special district,
individual property owners or through some type of association. The City will not
accept the maintenance of improvements unless there is an ongoing funding source for
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Fiscal Year 2021/2022 Engineer’s Report
the maintenance. Additionally, properties located on the edges of the improvements are
included in their own zone of the District and any benefit is offset by the corresponding
benefit for properties located with Zone 37.
Zone 38
Proper maintenance and operation of the Improvements provide special benefit to
properties by providing;
1. Satisfaction of National Pollutant Discharge Elimination System (NPDES) permit, a
condition of development and the Agreement;
2. Reduces impervious runoff volumes and rates;
3. Recharges groundwater and sustains stream base flows; and
4. Reduces detention needs.
The improvements are located adjacent to or on properties located within Zone 38 to serve
only properties in the Zone. Any benefit to other property is ancillary to the specific benefit
that is provided to the properties within the Zone. In addition, the improvements were
required as a condition of development of Tract No. 10325, are included in the Agreement
and benefit only the parcels within the tract and therefore there is no general benefit. In the
absence of the Zone, each Property Owner will be responsible for the maintenance of the
storm water improvements and fulfilling the terms of the Agreement.
Zone 39
Proper maintenance and operation of the Improvements provide special benefit to
properties by providing;
1. Community character by helping to identify, distinguish and enhance these
neighborhoods, including the entrances;
2. Improved quality of life by reducing the potential for graffiti, eliminating dust and litter,
providing sound attenuation, eliminating potential for blight, and an added City
presence;
3. Brookglen Drive, Woodside Drive and Titus Way are the primary access points for the
properties within the Zone. Therefore, it is the properties within the Zone that receive
special benefit from the maintenance of the improvements. Although the improvements
include public easements, right-of-ways, streets and other amenities visible to the
public at large, the construction and installation of these improvements as well as the
annual maintenance will only be approved with the formation of this Zone and were
not required nor necessarily desired by any properties or developments outside the
Zone’s boundaries. Therefore, any public access or use of the improvements by others
is incidental and there is no measurable general benefit to properties outside the Zones
or to the public at large. In making this determination it should be noted that parkway
and perimeter landscaping within the City is both funded and maintained by a special
district, individual property owners or through some type of association. The City will
not accept the maintenance of improvements unless there is an ongoing funding source
for the maintenance. Additionally, properties located on the edges of the improvements
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Fiscal Year 2021/2022 Engineer’s Report
are included in their own zone of the District and any benefit is offset by the
corresponding benefit for properties located with Zone 39.
C. Assessment Methodology
To establish the special benefit to the individual lots or parcels within each Zone the
assessment methodology has been established as follows:
Administrative costs shall be spread equally to all of the lots or parcels of land assessed
within the District.
Zones 1, 2, 3, 6, 9 - 12, 15 - 17, 22, 25 - 29, 31, and 33 - 39
The cost of Improvements shall be spread equally to all of the lots or parcels of land
located within each said respective Zone.
Village Parking District (VPD)
The costs related to the VPD shall be spread to all the lots or parcels of land in
commercial use located within said Zone, proportional to the number of parking
spaces existing in the VPD parking lots that are assigned to each parcel within the
Zone, rounded to the nearest one tenth (0.1) of a parking space. Spaces shall be
assigned by adding the total number of spaces in the VPD parking lots and the total
private spaces existing on assessable parcels, distributing this sum proportionally by
weighted building area, and deducting the number of private spaces, if any, from the
resulting number for each parcel. Weighted building area shall be defined as actual
building area multiplied by a factor dependent on parcel use as follows:
LAND USE FACTOR
Retail 1.0
Office/Service 0.5
Restaurant 2.0
Zone 32
The cost of Improvements shall be spread proportionally to the frontage on Saratoga-
Sunnyvale Road of each of the lots or parcels of land located within and benefiting
from the Zone. The administrative costs shall be spread equally to all of the lots or
parcels within the zone.
Other Zones
Zones 0, 4, 5, 7, 8, 13, 14, 18 through 21, 23, 24 and 30 have been either detached or
merged with other zones. A portion of Zone 4 was redesignated as Zone 26 in 1997.
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Rates
The tables below show the maximum assessment rates that could be levied in fiscal year
2021/2022 by land use for the Zones that are subject to escalation. Each base fiscal year
represents the fiscal year (July 1 to June 30) the parcels were balloted for Proposition 218
purposes and from which the escalation factor as described in Section E. below begins. See
Section III Proposed Fiscal Year 2021/2022 Budget above for the proposed assessments
by Zone for fiscal year 2021/2022 which are at or lower than the maximum assessments
shown below.
Maximum Assessments
ZONE
MAXIMUM
ASSESSMENT
10 $287.66
15 $127.30
ZONE
BASE FISCAL
YEAR 1999/2000
FISCAL YEAR
2021/2022
2 $52.50 $153.57
3 $63.00 $184.29
6 $78.75 $230.35
11 $52.50 $153.57
16 $94.50 $276.43
22 $52.50 $153.57
25 $341.25 $998.24
26 $498.75 $1,458.97
29 $100.00 $292.53
ZONE
BASE FISCAL
YEAR 2000/2001
FISCAL YEAR
2021/2022
1 $75.00 $208.95
9 $180.00 $501.46
12 $275.00 $766.14
17 $60.00 $167.16
27 $150.00 $417.88
28 $400.00 $1,114.38
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Fiscal Year 2021/2022 Engineer’s Report
Maximum Assessments, Cont.
ZONE
BASE FISCAL
YEAR 2008/2009
FISCAL YEAR
2021/2022
31 $175.00 $329.98
33 $160.00 $301.70
ZONE
BASE FISCAL
YEAR 2011/2012
FISCAL YEAR
2021/2022
34 $39.42 $64.20
ZONE
BASE FISCAL
YEAR 2013/2014
FISCAL YEAR
2021/2022
35 $950.60 $1,404.46
ZONE
BASE FISCAL
YEAR 2014/2015
FISCAL YEAR
2021/2022
36 $83.00 $116.79
ZONE
BASE FISCAL
YEAR 2015/2016
FISCAL YEAR
2021/2022
37 $197.00 $264.00
ZONE
BASE FISCAL
YEAR 2017/2018
FISCAL YEAR
2021/2022
38 $3,757.14 $4,566.82
39 $126.08 $153.24
MAXIMUM ASSESSMENTS - ZONE 32
MAXIMUM RATE
BASE FISCAL
YEAR 2004/2005
FISCAL YEAR
2021/2022
Administrative Rate $41.67 $95.51
Front Footage Rate $9.19 $21.06
D. Assessment Range Formula
The purpose of establishing an Assessment Range Formula is to provide for reasonable
inflationary increases to the annual assessments without requiring the District to go through
an expensive balloting process required by law in order to get a small increase. The
maximum assessment for each parcel shall be the amount calculated for the previous year
multiplied by 1.05.
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Fiscal Year 2021/2022 Engineer’s Report
The Maximum Assessment adjusted annually by this formula is not considered an
increased assessment.
Although the Maximum Assessment will increase each year, the actual assessment will
only reflect the necessary budgeted amounts and may remain unchanged. Increases in the
budget or an increase in the rate in one year from the prior year will not require a new 218
balloting unless the rate is greater than the Maximum Assessment adjusted to reflect the
1.05 increase as described above. The Assessment Range Formula applies to all Zones
except for Zones 10 and 15 which do not have an annual escalator.
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Fiscal Year 2021/2022 Engineer’s Report
SECTION V. ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District shall be the parcel as shown on the
County Assessor's map for the year in which this Report is prepared.
A listing of parcels assessed within the District, along with the proposed assessment amounts and
zone, is attached. Said listing of parcels to be assessed shall be submitted to the County
Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2021/2022.
If any parcel submitted for collection is identified by the County Auditor/Controller to be an
invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel
numbers will be identified and resubmitted to the County Auditor/Controller. The assessment
amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method
of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has
changed to multiple parcels, the assessment amount applied to each of the new parcels shall be
recalculated and applied according to the approved method of apportionment and assessment rate
rather than a proportionate share of the original assessment.
183
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Fiscal Year 2021/2022 Engineer’s Report
SECTION VI. ASSESSMENT DIAGRAM
The parcels within the District consist of all lots, parcels and subdivisions of land located within the
Boundary of Landscaping and Lighting Assessment District LLA-1. Boundary maps of the Zones
are attached.
184
ARROYODELNARGUELLOMANOR DR.GREENMEADOWAVE.
GORDON CT.SARATOGA-SUNNYVALE ROAD36620011
3
6
6
2
0
0
4
436620008
36620021
3662001936620022
3 6 6 2 0 0 0 736620013
3662000636620012
36620014
36620023 366200423662001036620043
366200413
6
6
2
0
0
4
536620009
36620020 3662002636620028366200273662002536620015
36620024366200183662000536620016
3 6 6 2 0 0 1 7
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 1
Zone 1 Property with Assessment Number.
Zone 1 consists of 29 properties.±185
WE
L
L
I
N
G
T
O
NCT.CT.MEADOWBLUEMC CARTYSVILLECT.DR.
CT.
FREDRICKSBU
R
G
CT.
CHEVERLY
CIR.
SHERIDAN LEUTARTED
CHERRYSANKA
GU
L
L
SUMNER
DE
SEALN.CHERRYLN.WAY
CLA
R
I
D
G
ESUMNER
GUAVACT.CT.
LIDOFREDRICKSBURG
K
A
R
N
DR.
CT.INDIOPL.DR.KINMANDR.
WI
L
L
I
A
M
S
B
U
R
G
LN. CT.SARATOGACO
X
ARBOR CT.CT.WOODSCT.CIRCLELN.WOLCOTLIKA WAYIONELN.GLENGA
R
N
E
TDR.CT.REGANIDLEWOODPIE
R
C
E
RO
A
D
CT.CH
A
T
E
A
U
DR
.
WOODMONTCIRCLECRAIG
ENROADLN.BLY
T
H
E
MA
L
L
O
R
Y
C H E V E R L Y C T
S H E R ID A N
38636023
386390273863900338639035
3
8
6
3
9
0
1
7
3863900638639030
38639004386360423863902338
6
3
9
0
3
2
38
6
3
6
0
1
5
3863900138639008
38
6
3
9
0
2
538636025
386390023863902838636001
3863900738639022386
3
6
0
0
2
386360273863601138639029386360
2
2
386
3
6
0
1
6 38636031386390123863603838636024
3863900538
6
3
6
0
1
4
3863901538639031386360123863902138639026
38636017
386360483863600638636
0
0
3
38636036
3863902438639011
38636028
38636037
38636035
38636029
38639034
3863903338636030
38639010
3863900938636004386360513863605038636052386360543863604938639020386390193863602
03863600938636008
38636044386390183863604338636046386360453863
6
0
1
9
386360533863601038636032386360473863901638636033386360053863600738
6
3
6
0
1
3
38636039
38636040
38636041
38636021
38636026
City of SaratogaLandscape and Lighting District LLA-1
Assessment Diagram
Zone 2
Zone 2 Property with Assessment Number. Zone 2 consists of 85 properties.±186
R
O
U
T
E 8
5
CT.KANEVERONICA
A
V
E
. CIR.WAY G O L E TA
CT.CHERRYSANKA GULL
DES E A
LN.
CHERRY
LN.WAYGUAVA
CT.CT.LIDOKARNCT.INDIOCT.KINMANDR.ORELLALN. CT.ARBOR CT.CT.P U E N T E WY.3
8
6
4
9
0
3
1
38641023
38641017
38649030
38649014 3864101538649023
3
8
6
5
4
0
3
6
3864403338649035
38649032
38644034386410313864902738641024
3 8 6 4 4 0 2 8
3
8
6
4
1
0
2
7
3864903338654037386490223864900838649026386410163865402938641010
38649029386490243
8
6
4
9
0
0
9
3 8 6 4 9 0 2 8
3 86 4 90 1 3 38641038386490343864102838641014
38644030
38644029
3 8 6 4 9 0 1 2
38654038
38654057
38649018
386540303864103038649025
38649001 38641011386410293864403238654034386410123865403338654032386540313864900538654035386440313864100738641037386410573864901938649007
38649017
38649006
38649002
38654058 3864103438649004
38649011
38641039
386490153864103238649016
38641036
3 8 6 4 9 0 2 1
38649010
386490203864103338649003
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 3 - Sheet 1 of 2
Zone 3 Property with Assessment Number.
Zone 3 consists of 176 properties.±187
R
O
U
T
E 8
5
CT.DR.KANEVERONICA
A
V
E
.
GULL
KARNCT.CT.KINMANORELLAG AR N E T C T.
P UE N T E
NORTHAMPTON
CT.CT.DOVERNEWPORTWY.SCULLY AVENUE
SE
A
SOLANA EDINA LN.CIR.DR.GUL
L
FREEWAY
CT.
CT.
DR.YUBA CT.WY.AVE.
GLEN BRAE3864204138642017
38642013
38642012
3
8
6
4
1
0
4
8
38642029
38642042
3
8
6
4
2
0
1
4
38644021
38642028
386440243864201138644019
3864401038641041386420153
8
6
4
4
0
2
6
3
8
6
4
1
0
4
6
3864400138642016386440043864104738644025386440163864201838642008
38641021
3
8
6
4
2
0
0
1
38641020
38
641022
38644017
3 8 6 4 2 0 1 0
386420373864104338641018386410493864105638644009386420193864402038644011
38642034386420273
8
6
4
1
0
5
4
38642035
3 8 6 4 2 0 3 0
386440023 8 6 4 1 0 4 0
386420053864104438644022
38644015 3
8
6
4
2
0
3
33864104538644005386410583864401838641059 3
8
6
4
2
0
4
038641055386410193
8
6
4
1
0
5
3
38642004386410603864200938641061
3864200738644023386420063 8 6 4 4 0 0 63864105038641062
38644027
3 8 6 4 4 0 0 7
3864200338644008386440033
8
6
4
1
0
5
238641042 3864202538642021386420203864203238644036386420383864403538641063
3864202238644037386420233864203938642002386420313864202438644012386420263864401338641051
38644014
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 3 - Sheet 2 of 2
±188
AVE.SURREYLN.
CLOTHILDEDR.C H A L E T
SARAVIEWCT.CT.D R .
L
N
.DR.RUSSELLWA
Y
S A R AV I E WSARAHILLSDR.SARAHILLS
CT.
PIERCE
CT.KODIAKVERDELN.BOYCEWOODWARDAV E.UPPERAVE.SEVILLA50353014 5035300150353006
50353005
5035301350353015503530025035301850353004
5035302150353017503530035035301250353062
50353063
50353007
50353009
50353051
50353060
503530525035305050353061
50353055
50353011
503530495035306550353023
503530535035302250353016
50353054503530475
0
3
5
3
0
0
8
50353010
503530565035301950353064
5 0 3 5 3 0 3 4 5035304550353024 50353057503530465 0 3 5 3 0 3 5
503530385035305950353036
50353025
5035304050353067
5 0 3 5 3 0 2 0
5 0 3 5 3 0 3 3
50353026 5035304450353031
50353027
5035304150353029
5 0 3 5 3 0 4 2
5 0 3 5 3 0 3 0
5 0 3 5 3 0 4 350353032
5
0
3
5
3
0
3
7 50353039City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 6
Zone 6 Property with Assessment Number.
Zone 6 consists of 64 properties.±189
CT.CT.MEADOWBLUES
P
R
I
N
G
MC CARTYSVILLECT.DR.
C T .FREDRICKSBURGCHEVERLYAVE.
DR.
LEUTAR
SUMNER
AVE.C L A R I D G E
SUMNERDR.P L .DR.BLO SSOMCT.
WILLIAMSBURG
SARATOGACOXDR.GORDON CT.
38651006
38651016
38651007
38651045
38651001
38651044
38651048
38651022
3865100938651021
38651015
38651046 38651047
38651002
38651029
38651043
38651025
38651024
38651014
38651005
38651010
38651035
38651012
38651028
38651023
38651036
38651008
38651013
38651011
38651020
38651027
38651026 38651003
38651031
38651034
38651019
38651032
38651039
38651037
38651004
38651018
38651033
38651042
38651041
38651040
38651038
38651017
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 9
Zone 9 Property with Assessment Number. Zone 9 consists of 48 properties.±190
BLAUER
ARGONAUT
REGANTR ICIA WY.PLACE39302036
39302037
39302031
39302035
39302032
39302033
39302038
39302034
39302039
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 10
Zone 10 Property with Assessment Number. Zone 10 consists of 9 properties.±191
ANZIACT.CHARDONNAY CT.VIA REALDR.VIABRAE REALVIA ESCUELADR.
VIA DR.MADRONAS
CT.GLENDR.GRANDE DR.DR.ROBLEGRANDE CT.VIA CRESCENTEVIACT.DR.MADRONASVIA BLANCVIARANCHEROCT.
CT.DR.VI
AARRIBAVIAMONTE VIA MADRONASDR.VIAFONTAINEPORTOS
VIA
DR.BRAEMAR
CT. CT.RANFRE
M
O
N
T
E
D
R
.SARATOGAPORTOSCT.LN.TWEED39320018
3932300239323016
3932204239324026
393220033932402539323014
39323024
393220663
9
3
2
3
0
1
9 3932202039323023
39320026
39322004
39
3
2
2
0
0
6
39323018
3
9
3
2
2
0
1
9
3 9 3 2 0 0 2 0
39323015 3932002539324016393200273932201639
3
2
20
0
73932206439323017393220473
9
3
2
3
0
2
2
39323013
393220403932205939322021
39322046393200103
9
3
2
3
0
0
139324020
39322002393200233932302039320015
39322048
3932204139324021393220433 9 3 2 0 0 3 5
39320045
39320046
393220293 9 3 2 2 0 1 4
39322013
3932301139323012
3 9 3 2 0 0 1 4
39322065
39324015 3932201139320022
39323005
393240243932004439320019
39323021 39322012
39322030
3932300839322052
39324014
39322051
393240173 9 3 2 2 0 6 3
3
9
3
2
2
0
3
939323007 3932202439322062
3 9 3 2 2 0 0 1
39320001
3932201739322060
39322057
39322035
39322053
39322050
39322049
3 9 3 2 2 0 1 5 39322023393220443
9
3
2
0
0
1
7
3 9 3 2 2 0 2 5
3932204539322061
39322038
39322055
39320002 39320011393220543932 00363932 203 1
3932203239320013
3932201039320012393200033932004339322058
3 9 3 2 2 0 2 239322028
393220333932003939320041
3932203639320040 393220263
9
3
2
2
0
0
93932003839322056393200373932202 73932300339322037
39320028
39322034
39323006
39320032
39320034
393240193932004239323009
3932401839320004
39323010
3 9 3 2 0 0 0 8
3932001639320005
39320006
39320007
39320009
39322018
39320024
39320021
39320033
39320031
39320029
39320030
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 11 - Sheet 1 of 2
Zone 11 Property with Assessment Number. Zone 11 consists of 250 properties.±192
DR.PAL ERMOCT.
J A C C A R A N D A LA VISTA C T.CT.CHARDONNAY CT. CT.VIA
WAYLA VISTABRAEVIA ESC UEL A VIA ESCUELADR .GLENGRANDE DR.CT.CUMBERLANDVIAGRANDEST. ANN VIACHARTERS TEN OAK CT.VIA BLANCAVE.SCOTLAND
VI
ALN.MONTEWAY VIA MADRONASDR.LN.DR.3
9
3
1
9
0
4
5
39314007
3
9
3
1
5
0
1
3
393140083931903139319044
39314009
39319015393180583931401039319016
3
9
3
1
9
0
0
9
3
9
3
1
9
0
5
0
3931900839315010
39314011
39319049
39319017
393190323931400539315011
39319029
3
9
3
1
9
0
2
1
393190243931905639318037 39319035393140143931902539318001
39313014 39319018393190303931900139319034
39319022393190433931906239319019
3 9 3 1 3 0 2 7
39314006
39319023
39319046 393190593931900539315012393
1900739319020393190413931903339318059393190373931903639314001
3
9
3
1
9
0
0
63931401339314012393190383931903939319040 3931900339319042
393190113931900239319065
3931301939319004
39319052
3931301539319026
3931901239319048 39319027 39319068393180603931904739314002
3931301739314003393190693931905439314004
39319010393190133931 902 8
393130203931906139319051
39319053 39319060393190583931905739319063393190643931906739319066393130183931301639313022393130233931302539313026393130243931302139319055
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 11 - Sheet 2 of 2
±193
CT.
DR.
C T .
GULL
ZORKACT.AVE.AVE.
LEUTAR TEDDEC L A R I D G E
SUMNER386530273865302038653021386530253865302238653023386530263865302838653024City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 12
Zone 12 Property with Assessment Number.
Zone 12 consists of 9 properties.±194
CIR.BELLGROVEMA
S
S
O
N
ST.TE
R
R
A
C
E
CT.
MC
F
A
R
L
A
N
DST.MARTHACONGRESSJUNCTIONWOODLEI
G
HCT.ST.CT.ST.HEATHMONTROSEKEVIND
U
N
D
E
E
D
A
G
M
A
R
MC DOLE
AF
T
O
N
DR.
BO
N
N
E
TDR.AVE.
W
A
Y
DR.
D
R
.
CHRISTIE
PL.AB
D
U
L
L
A
WA
YHOLIDAYWAY CT.KODIACHARPER
ALVARADO CT.DR.PORTOSPL.DR.WARD
C
A
S
A
BONNET WAYBLANC
ATOROCT.LN.
HOLIDAY
D
R
.LA PAZ
ASPESI
WESTOVER
MYREN
RIVERDALEDR.
MYRENCT.SPRINGHILLCT.CT.
3 8 9 2 1 0 2 2
3 8 9 2 1 0 2 1
38921019
38921017
38921034
38921001
38921041
38
9
2
1
0
0
8
38921036
38921002
389210403892104538921006389210053892100438921043389210243892102638921032389210273892103338921003
38921030
38921031
38921025389210443
8
9
2
1
0
4
2
38921
0
3
538921013389210093892101138921010
389210393892102938921023389210123892103838921037389210283892100738921015City of SaratogaLandscape and Lighting District LLA-1
Assessment Diagram
Zone 15
Zone 15 Property with Assessment Number.
Zone 15 consists of 41 properties.±195
LN.DONGALP
L
A
C
E
R
S
P
R
I
N
G
C
T.LN.S
H
A
S
T
A
S
P
R
I
G
C
T
.
STAUFFER BARN H A RTLN.GALWAY DR.P R O SP EC T RONCOLELN.W AYMAUREENMARIA
BEAUCHAMPS
BURNETT DR.RD.OAKRD.MEADOWRITANNARD.RANCHLN.DR.PARKERVIARANCHG R A N A D A
CT.C T.RD.BOWHILLCT.OAKFARRARROYOPROSPECTMILLNORADACT.LN.VISTAA
R
R
O
Y
O
LOW ENACT.D
E LNCRAYSIDEST.JOANCT.A
R
G
U
E
L
L
O GREENMEADOWBEAUCHAMPSLANEC T.KREISLERDR.HILLMOORDR.RD.CT.FARRRANCHARGUELLOV E R D E M O O R
C T .
C O N T I N E N TA L
36605071
36605039
36605026
36605078
36605040
36605041
36605037
36605038
3
6
6
0
5
0
2
3
36605028
36605031
36605036
36605030
366050473660507236605077
366050443660507336605045
3660507036605076
36605043
366050463660507536605074
3
6
6
0
5
0
5
5
36605042
36605027
36605035
3660505436605029
3660503436605025
36605049366050533 6 6 0 5 0 5 0
3
6
6
0
5
0
5
6
3
6
6
0
5
0
5
7
366050603660504836605024
3 6 6 0 5 0 5 1
3
6
6
0
5
0
5
8366050663660506936605068366050323660505236605067 366050593660506536605062366050613660506436605063City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 16
Zone 16 Property with A ssessment Number.
Zone 16 consists of 55 properties.±196
AV E .B AY L O R
D R .P U R D U E
VA N D E R B I LT
AV E .C L E M S O N
D R .S WA RT H M O R E
QUITOVILLANOVAMC C O Y
GLENBRIAR4032801840328027
4032702440328019
4032702340328028403280264
0
3
2
8
0
1
7
403270254032701940 3 27 0 2 0
40327026403280774 0 3 2 7 0 2 2
403270414032809540 3 28 0 2 2
40328023
40327105403270014032707340327100403280914032801640328045403280294032706540328076403270694032809340328092403270744032705940327060403270614032800140327104403270624032809040327103403271024032710140327063403270994032709840327042403270974032706440327096403270954032709440328089403270934032806940327092403270914032706640327067403280524032706840328081403280944032804440328087403270704032705840327071403270724032808640328021 40328085403280844032707940327021 4032808340328082403280634032805840328080403280794032807840328020 403280754032807040328068403280674032806640328065403270384032806440328088403280624032805540328056403280534032805740328051403280594032805440328046403270464032801140327050403270274032807140327028403270294032703040327075403270784032707640327081403270834032707740327031403270804032708540327082403270864032708440327087403270884032703240328050403270334032703440327035403270364032704340327037403270444032804140327039403270404032704540327047403280344032800440327048403270114032704940328024
40327051403270524032700440327053403270544032807440327055403280734032807240327056403280614032804840328049403280474032701840327017403270164032701540327014403280434032804240327013403280404 0 3 2 8 0 2 5
40327012403280394032803840328037403270104032803640328035403270094032700840328033403280324032803140327007403270064032803040327005403270034032700240328007403280134032801440328008403280054032800940328003403280124032800240328006403280154032801040327089403270904032806040327057City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 17
Zone 17 Property with Assess ment Number.
Zone 17 consists of 200 properties.±197
VIE
W
O
A
K
PROSPECT
VIEWRIDGE
PAMPAS CT.CT.SARAGLENDR.PLUMASD
R
.
CT.C O L B Y
D R .AVE.D R .OAKHAVEN
D R .SCULLYD R .
ELISA
38626070
38626071
3
8
6
3
7
0
0
5
386260663863800438626047
3863800338626048
3863800538637007
386260203
8
6
37
0
5
338626045 38637050386370063863700438626067
38626038 38626037386370543863703538
6
3
8
00
238626046386370513
8
6
3
8
0
0
1 386370393863705238626036386370493862605938637001386370033863701838626065
3862603538626053386260623862606338626040
3
8
6
3
7
0
3
43863700838626032 38637013386370363862606938637025386370443862605238626023386260113862601938626039
3862602138626001
38638006 386370243 8 6 2 6 0 3 1 386370123
8
6
3
7
0
3
338626068 386370023862601238637019386370383862602438648004
38637047386260253862604438626051386260503
8
6
3
7
0
1
7
38626034
38637048386370403863704538626033
3863702938637037
38626016386260603863704138637046386260553
8
6
3
7
0
1
638637009
3 8 6 2 6 0 4 1
3863703138637022386370113
8
6
3
7
0
2
1 38637014386260183
8
6
2
6
0
5
8
3862 601 0
386260173862601438626013386370233
8
6
3
7
0
2
8
38637042386260543863703238637020386370263862602938626064386370303
8
6
3
7
0
2
738637015
3862602838626049386260273863701038626026386260223862605638626009
38626008
38626007
38626006
38626002
38626005
38626003
38626004
386260573863704338626043386260423862606138626015386260303864800138648007
38648010
3
8
6
4
8
0
0
3 3864800238648008
3864801538648005
38648011
38648006
38648019
38648014
38648017
38648016
38648013
38648018
38648012
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 22 - Sheet 1 of 4
Zone 22 Property with Assessment Number. Zone 22 consists of 864 properties.±198
R O A D
C T.ERIC DR.ER I C DR .CT.LN.ARDMORECT.LN.AS C E N S IO N D R .MI
LLERINGRIDAVE.AVE.KRISTYA R D E NCT.A S H T O N C T .T
E
R
R
E
NCE
M E L IN D A
CT.CANDYL A D E R A
AV.MILLER COUNTRYCIRCLE
CT.DR.SCULLYS O M E R V I L L E CT.SOM ERVILLE AVE.C T.AVE.CT.CANDYMABELBROOK VIEW
WALDENEL I SA AV E .AVE.AVE.FALMOUTHMILLERCT.
NO RT H AM PTON TITUSCT.CT.DOVERNEWPORTDR.NO RT H H A MP TO N D R .MILLERLARCHMONTSCULLY AV E N U E D O R C H E S T E R DR.AVE.AVE.SOLANA CT.NORTHAMPTONEDINA DR.LN.
BELLWOOD
N A N T U C K E T C T.AVE.TITUS CT.DR.DR.
CT.3862800138604031
3 8 6 0 4 0 3 0
38604034
3862 800 3
3862904538604033
3
8
6
2
7
0
6
5
38629059
3
8
6
0
3
0
3
3
3863202438627057
3 8 6 2 9 0 7 4
38635062
38629076
3863203738603032
38629060
38634046 3862903438629077
3 8 6 2 9 0 0 5 38628012386340133862901938635053
38634014
38629006
386340263863404838634047
38629032
38634018 386270613862907038627056
38604032
38634025 386280323863404338629063
386290353862905138
63
40
6138603029386290373862706638627071
3862903838634053386040243 8 6 3 2 0 1 538629014386340093863404538634039386340373860303538634012386290433863505538634035 3
8
6
2
8
0
1
9
386280083863403438634050 3862907538634017
3863200838634010
3
8
6
2
9
0
4
2
3863106138634006
3 8 6 3 1 0 6 2 3862800738631056
38603041
38635054
386030343862704038634024
3862 800 2
3863105538634060 38627041
386290313 8 6 2 9 0 2 4
38634038386320303863201938627058
3
8
6
2
9
0
1
0
38627047
3862706238631058
38635063
3 8 6 3 5 0 6 4
386340443863200438634040 3862904138634052 38628033386290403862906838634059386290393863200138631057386040233862706738632003 386320053862905038604025
38627024
386040203862904938634007
38634058386290043862905338629048386270553863405538634054386340573863405638632002386290463862904738628016
38634063
38604027
3860401938629065
386040223862701138604026
3 8 6 2 9 0 6 7
3863403638632017
3863105438603036 3863202038629056 38628009386290523860402138634021
38634020
38634019 3862802838627063386290543862904438603039
38632014386340043862707338634051
386290293863402738634028386340323863403338634031386340303863402938634008
38629055386320113 8 6 3 2 0 3 1
3 8 6 2 7 0 5 4
3 8 6 2 9 0 6 2
38628013
3863200638629027386340113862901538632009386320103863201238629007 386280313862 906 6
3863201338634062
3 8 6 0 3 0 2 8
386290283863404938627069 38627001386280113863 202 1386270083862801038628022
38628017
3863106038629018386030113 8 6 0 3 0 2 7 386270093 8 6 0 3 0 2 1
38627016
386290163 8 6 2 7 0 1 7
3862901738632032
38632034
38632033
386320353863506638603020
38627025
38627048
38627028
38627026
3 8 6 2 8 0 3 838627033
38629020
38627027
3860303038635031 3862700338629022386270043862701538628037
3 8 6 0 3 0 2 2
38629023386340033863400238628004
3862 800 5
3862 800 638627007
38632025
38603037
38604029
38627074
38634042
38634064
38603038
38627070
38629030
38629061
3860401738604018
38627064
38632022
38629058
38629036
38627023
38603023
38629071
38627068
38627010
3863201638631059
38603042
38629008
38604028 38632018
38603043
38629026
38603040
38632023
38627060
38635059
38632007
38627046
38627072
38629057
38635030
38603015
38635049
38629003
38629013
38628041
38632026
38634041
38629073
38634015
38628023
38628021
38635067
38628030
386290093860301438629002
38627013
38629064
38635061
38635050
38635058
38627035
38635052
38627036
38628029
38628015
38627034
38628026
38603013
38627042
38627012
38635057
38603012
38603024
38603019
38603016
38629021
38627037
38603018
38629025
38628027
38627029
38627043
38627002
38628024
38634016
38627030
38603044
38603031 38603017
38635051
38603045
38603048
38603046
38627006
38603051
38627049
38603047
38635048
38628020
386350453863504638635047
38635056
38603025
38629069
38627005
38627032
38627018
38629072
38627039
38627038
38603049
38627014
3862705938635060
38603026
38628025
38627044
38629011
38632027
38629012
38627045
38628039
38627022
38627051
38635065
38603052
3862705038627031
38628018
38603050
38632029
38627021
38627052
38632028
38634005
38628036
38628040
38627020
38627019
38628035
38628034
38628014
38627053
38604016
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 22 - Sheet 2 of 4
±199
MILLERLARCHMONTSCULLY AVENUE DORCHESTER DR.AVE.SOL
A
N
A
EDINA DR.LN.NANTUCKET CT.AVE.DR.DR.
G
U
L
L
FRE
E
W
A
Y
HOLYOKE CT.LARCHMONTCT.CAMBRIDGENEEDHAM LN.PLYMOUTHYUBA CT.WY.BROCKTON LN.
AVE.DARIEN WY.GLEN BRAE DR.
SHUBERT
DE
H
A
V
I
L
L
A
N
D
C
T
.MILLERABERDEEN CT.JUNIPERO
WAY DR.DR.PALERMO
38902010
389
0
1
0
0
8
389010
2
4
38902003
38631032
389020083890201138650030
38901014
3890
2
0
0
6
3
8
9
0
1
0
1
3
38901002
38901003
38631043
38650056
3864002538631
0
4
83863103938631036
3
8
9
0
1
0
0
9
3
8
6
3
1
0
2
1
38901012 386310023863103338631022386
3
1
0
4
4
3863105238631040
3
8
6
4
0
0
3
0
38901
0
3
3
389010063
8
6
3
1
0
3
7
3890101738
6
5
0
0
1
4
38
6
5
0
0
0
2
38
6
5
0
0
0
5
38631003
38640031386310343863103838650009386400263865002738631013
3890101838901025386
5
0
0
0
8
38631014
38
6
5
0
0
1
3
3890101638631015
3890101138631016
3890102738631011
386
5
0
0
3
1
38901010
38631017
38631012
38650004
38631018
389010283890100538631046
38631020
38631019
38631030
389010263890200738631023
3890102938631024 38631004
38631025
38631029
3
8
9
0
1
0
1
9
38631010
38631026
38631009
38631007
38631031
38631006
38631005
38631028
38631027
3890200438631047386400273865001138631008
3
8
6
4
0
0
2
938650003386310413865003638640024
38640023
386310013890100738650035
38640018
389010313865003238650010 38640019
3890100438640021
38640022
38640020
38650037
389020053863106838650019386
5
0
0
0
1
3
8
6
5
0
0
1
2
3890103238901030386500203865000638650029386500183890200938650015
38650017
389020123865002638631050386310493865002838650021386500233865002538650024386500223865000738631035
38640028
38901015
38631042
38650034
38650033
38631051
38902016
38902014
38902015
38902013
City of SaratogaLandscape and Lighting District LLA-1
Assessment Diagram
Zone 22 - Sheet 3 of 4
±
200
RALEIGH
CT.NORTHAMPTONWOODSIDEPALMTAGDR.BELLWOOD DR.DR.AVE.TITUS CT.TITUSGUNTHER CT.
VENDURA CT.CAMBRIDGEGLENLN.CT.BROCKTON DR.SARATOGABACH CT.RODONIBROOKDARIEN WY.COX HOMESAVE.
SHUBERT
DE
H
A
V
I
L
L
A
N
D
C
T
.MILLERDR.CT.NEWHOUSE CT. CT.COLUMBINEDR.DEHAVILLAND
DR.ANZIA386220093862201038905022386430393
8
6
4
7
0
4
0
38
6
4
3
0
1
9
3890500238640037 38905018
3890
4
0
1
3
38
9
0
5
0
0
6 3864303838647036
389050
0
1
3
8
6
4
0
0
3
6
3864703938643014389
0
4
0
3
5
38904033386470133864703838640006386
4
3
0
1
8
3864302638647018
3890
4
0
4
038640041 3864703138640005
38904001 386430253
8
6
4
0
0
4
6 3864300638647010386400
3
5
3864701238904041
3
8
6
4
3
0
2
0
38640010
386470
0
6 38643013386400383890403138643001386
4
0
0
0
4
389040343864000938643002
38647024
3890404738647009
38905021
3890403638647005389050103890403038640001386470033864703438647019
38647023
38
6
4
0
0
3
2
386400393864702838647017 38647030389020263890401238643033
38904029
3
8
6
4
7
0
1
5
38643005
386
4
7
0
1
438640011 38647027
38902021386470333864302138647037 3864004538905009
3
8
9
0
5
0
0
738640042 389050113864303038905020
38643036
3864700438643037
38905017386400433864700238647011
38647020
38647032
38640012
38640016
386430153
8
9
0
4
0
3
2
38643035
386430273890500538643016386430173864302838
9
0
4
0
3
8
386
4
0
0
0
3
386400333890400438904006389040433890401138643034
38905
0
1
4
38647026
3
8
9
0
5
0
1
3389040223864702538643029389040423864003438640017
38905
0
1
638904009386400443890403738
6
4
7
0
0
7
38905019389040083864000238904010
38904028
38904027 3890400738640015
38640013
38640014
38647021
389020233890402538647029386470223864004038640007
38904005389020223890402038904021389040193890402338905003 38904017386400083890401838643007389040033864302238904
0
1
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38902024389040243864301138643008386430093864302338643010389050043890401438643024
3
8
9
0
4
0
1
6 38643012389040023890202538905
0
1
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3890501238643003
3890201738902018389020193890202038904046
38904044
38904039
38643004
38904045
3864701638647008
38905008
38904026
City of SaratogaLandscape and Lighting District LLA-1
Assessment Diagram
Zone 22 - Sheet 4 of 4
±
201
SARATOGA-SUNNYVALE ROADMINA WAY
PETUNIA COURTMAGNOLIA COURT50321025
50321028
50321030
5032103250321031
50321034
50321027
50321026 50321024
50321029
50321022
5032103650321035
50321033
50321023
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 25
Zone 25 Property with Assessment Number.
Zone 25 consists of 15 properties.±202
CIR.BELLGROVEMASSON ST.TERRACECT.ST.CONGRESSJUNCTIONW O O D L E I G HCT.C T.MONTROSEAFTON3894500138945007
38945035
38944032
3894501038945011
3 8 9 4 4 0 1 7
3
8
9
4
4
0
1
1
3894501938945034389440123894402838945 036
38945033
38945008
38945032
38945031389450203894402538945009
3 8 9 4 4 0 1 8
38945038
38945051
38944044
3894502138945040
3894501238944043
3894500538944035
3894502738945026
38944024
3894500438945022
38944039
38944036
38944004
3894500338945045
38945046
38945047
38945048
38945049
38945050
38945044
38944001
38944019
38945043
38944020
38945042
38944021
38945041
3894500238944022
38944023
38944005 38944033
38944010
38944003
38944038
38944040
3894403438944013
38945023
38944042
38944041
38944006
38944045 389440153894400838944007
38945039
38944009
38944029389450133894503038944002
38944037
38944026389450293894501438945024
3894502838945025 3894401438944031
38945017
38945016
38945015
38945018
38945037
38944030
38944027
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 26
Zone 26 Property with Assessment Number. Zone 26 consists of 94 properties.±203
REGANTRICIA WY.PLACECUNNINGHAM LJEPAVA
KILBRIDE CT.GLASGOW CT.MILJEVICH
393020203930202239302021
39302025
39302023
39303016
39302024
39302030
3
9
3
0
2
0
2
8
39302029
39303018
39302016
39303022
39302011
39303025
39303015
39302013
39302019
3930302039302015 39302027
39303021
39302018
39302026
39303019
39302014
3
9
3
0
3
0
2
3
39303024
3930301739302017 39302012City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 27
Zone 27 Property with Assessment Number. Zone 27 consists of 31 properties.±204
LI
SAMARIERONNIECT.KERWINRANCH CT.W E N D Y
ATHOS
YERBA38943020
38943016
38943010
38943023
38943019
38943007
38943022
38943018
38943021
38943017
38943011
3894300838943014
3
8
9
4
3
0
1
2
3894300938943013
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 28
Zone 28 Property with Assessment Number. Zone 28 consists of 16 properties.±FRUITVALE AVENUESARATOGA AVENUE205
DEEPWELL ROADSTONERIDGE CT.MILLD R .LUMBERTOWN AMBRIC
KNOLLSL N .
H A Y M E A D O W
RD.TOLL BANKGATE
RD.
R O A D
LN.
B
O
U
G
A
N
V
IL
L
E
A
C
T
.
50362011
50355075
50355071
5036200650362007
503550575035504450355005
50362005
50355036
5035505850362002
50362001503550595036200450362003
5
0
3
5
5
0
3
3
50355045503550645035502850355007503550735035505550355037
50355056503550155035501350362008503550145
0
3
5
5
0
3
4
50355003503550535035506850355039 50355032503550635035502650362009
503550065035502750355029
50355052503550545035504050355038
5035501650355070
5
0
3
5
5
0
7
2
5 0 3 6 2 0 1 0 503550485035504650355012
5035504750355011 5035506750355049503550355 0 3 5 5 0 0 2 50355008503550095 0 3 5 5 0 1 0
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 29
Zone 29 Property with Assessment Number.
Zone 29 consists of 61 properties.±206
CT.GLENHO
R
S
E
S
H
O
E
CT.DR.CARNELIANHORSESHOEBEL
L
A
SARA
T
O
G
A
AVE.VISTA
RANCHO
BELL
A
MENDELSOHNVISTAD
O
N
N
A
L
N
.AVE.FARWELLSPAICH CT.
39720091
39720102
39720032
39720075
39720057
39720059
39720065
39720093
39720099
39720074
39720079
39720064
39720100
39720095
39720090
39737020
39720034
39737018
39720030
39720013
39720048
39737019
39737016
39720036
39720077
39720101
39720014
39720035
39720038
39720037
39720026
39720028
39720027
39720039
39720012
39720052
39720044
39720047
39720011
39720055
39720041
39720049
39720053
39720054
39720051
39720050
39720042
39720043
39720046
3972010339720045
39720058
39720104
City of SaratogaLandscape and Lighting District LLA-1
Assessment Diagram
Zone 31
Zone 31 Property with Assessment Number. Zone 31 consists of 53 properties.±207
SARATOGA VILLA PL.CT.RONCOLECT.DR.NATOMACT.ATRIUMRITANNA
KIRKMONTLN.ATRIUM CIRCLE DR.CREEKROADOAK LN.JULIE
KI
N
G
C
T
.
LN.KIRKDALECT.CT.KENYONMILLARROYO
GULLSEASARATOGA-SUNNYVALEZORKA36612072
38630035
38630039
36612054
36612065
36622023
38652032
38652033
36612066 38630040386300483863004438630041386300453863005238630049386300423863004338630047386300503863005138630046City of SaratogaLandscape and Lighting District LLA-1
Assessment Diagram
Zone 32
±Zone 32 Property with Assessment Number. Zone 32 consists of 22 properties.
Parcel 386-30-035 is in
the process of
subdividing into 13
parcels, once
subdivided APNs will
be updated.
208
C T .GLENWESTCOTT RD.CARNELIANHORSESHOEAV.39721033
39737021
39721032
39737007
39721034
39737010
39737013
39737012
39721031
39737004
39737014
39737009
39737001
39737008
39721035
39737003
39737011
39737015
39737005
39737002
City of SaratogaLandscape and Lighting District LLA-1
Assessm ent Diagram
Zone 33
Zone 33 Property with Assessment Number. Zone 33 consists of 20 properties.±209
DR.STEPHENHECKMANBROOK
H
U
R
S
T
MC KELLAR CT.DR.
BROOKHAVEN DR.SH
A
D
Y
B
R
O
O
KJOHNSONDR. CT
.WALBROOKBROOKNOLL CT.
BROOK
SU
N
N
Y
B
R
O
O
KBROOKRIDGECT.LN.CT.BROOKGLENF
E
R
N
B
ROO
K
C
T
.DR.PROSPECTRD.PROSPECT RD.
37825006
37825021
37825014
37825009
37825004
37825017
37825005
37825011
37825012
37825020
37825022
37825010
37825003
37824003
37825013
37825002
37824026 3782501837824001
37825001
37825007
37825023
37824018
37824004
37824009
37825008
37825024
37824007
37825016
37825015
37825019
37824037
37824008
37824029
37824036
37824027
37824033
37824014
37824038 37824005
37824006
37824013
37824028
37824010
37824030
37821011
37824002
37824032
37825025
37824015 37824016
37821001
37824048
37824034
37824017
37824020
37824042
37824025
37824043 37824047
37824011
37824040
37824041
37824039
37824035
37824023
37824022
37824024
37824021
37824012
37824019
37824052
37825026
37824031
37821010 37821009 37821008
37825028
37821007
37825027
3782100537821006 3782100337821004 37821002
37824045 37824050
37824044
378240513782404937824046
37825029
City of SaratogaLandscape and Lighting District LLA-1
Assessment Diagram
Zone 34
Zone 34 Property with Assessment Number. Zone 34 consists of 92 properties.±210
MONTALVO HEIGHTS DR.
51718068
51718070
51718066
51718069
51718067
Assessment DiagramCity of SaratogaLandscaping and Lighting District LLA-1Zone 35
Zone 35 Property with Assessment NumberZone 35 consists of 5 Properties ±211
METLERCT.SPRINGHILL CT.FERNCREST CT.DR.LYONS CT.HARLEIGH ASPESI CT.PEREGO WAY
CT.DR.ALTOMONTPERE
VIAPROSPECTRD.ALLENDALE AVENUE
38926055
38927012
38927004
38927002
3892605438926050
38927011
38927009
38927003
38927005
38926045
38926060
38927001
38926061
38927025
38927007
38927008
38926046
38926057
38926063
38926056
38926049
38926062
38927006
38927019
38926047
38926059
38927020
38926051
38926058
38927018
38926053
38927022
389270143892701538927016
38926048
38927023
38927021
38926052
38927024
38927013
38927017
City of SaratogaLandscape and Lighting District LLA-1
Assessment Diagram
Zone 36
Zone 36 Property with Assessment Number. Zone 36 consists of 43 properties.±212
LOCH LOMOND LN.SO.BROOKVALEBRISBANE CT.MC GREGOR WAY
RUTHERFORD DR.
ROAD
CT.MERIDA DR.PAMPASCT.CT.CAROLDR.COVINANATOMAPLUMASM
A
R
I
L
L
AATRIUMDR.C
T
.DR.LN.MARILLADR.D
R
.
MARILLADR.KIRKBROOKKIRKDALEDR.KNOLLWOOD
GULL
ZORKACT.AVE.AVE.AVE.WAY GOLETA
38645075
3863304038633039
38630004
38630005
3863000838633070
38633018
386450473864507338633084386450483864506238630009 3863300338630006
38
6
4
5
0
1
1
3
8
6
4
5
0
2
5
38633044
3864507438633062386450263863309038633054 3864506938633064386300033863307838652002
38633017
3863304
5
386450433863
3
0
5
6
3
8
6
4
5
0
3
738633004 386450573863306138645072
3864502038633023 38633035
386450383865200
338633085 38645063
386
3
3
0
5
7
3863309138633034
3863305338645034386330523863307738633024
38
6
5
2
0
0
4386450103863000138633055386330733863308338633012
3
8
6
4
5
0
2
7
38645070
386450683863000238645061
386330963863306938645019386450533864505438630007 38645024386330013863300238633042
38633043
38633086386330513863305938633049
386300333864504238633095386450513863305838633082386450563864503238633065386330673863306638645018 38645052386450553863308738633081386330803863308838633079386330893864505838633063
38652001 3864503138633015
38645035386330683863306038645014
3863304
1 3864507138633038
38630032386450303863003138645036386300303863305038633019
386450283863001138645023386450293864504438630029386330943864503938645009
38645040386450333864504138645022386300143863307638633093386330753864501738633074
38645001
38633033
38633031
38633030
38645016
38633020
38633021
38633022
38645049
3863001338645015
386330923863301038633014
38645012
3863001238633046
38633047
38633048386330093863301638633028
38633027
38645008
3864504638633026
38645007
38633025
38645006 38645060
38645004
38645005
38645003
3864504538645002
38633036
3863303738633011
38645059
386300103863300538633029
38645013
386450213863300838633013 386330063863300738645064
38645050
38633032
38645067
38645065
38645066
Assessment DiagramCity of SaratogaLandscaping and Lighting District LLA-1Zone 37
Zone 37 Property with Assessment NumberZone 37 consists of 192 Properties ±213
Assessment Diagram
City of Saratoga
Zone 38 Properrty
Zone 38
Landscaping and Lighting District LLA-1
N
214
PROSPECT
F
E
R
N
B
R
OOKLN.
C
T
.DR.WAY
AVE.DR.DR.CT.LYNBROOK CT.SQUIREMELLOWOODCOUNTRY GREENBROOK CT.
BROOKVIEW DR.DR.DR.KOSICHCT.TITUSWESTVIEW
D R .WOODSIDEPALMTAGSARATOGA CREEKBROOKGLENCYRILCT.DR.DR.AVE.R A L E IG H
CT. P L .NORTHAMPTONWOODSIDEANSLEYPALMTAGBELLWOODDR.DR.DR.TITUS CT.HARGRAVE DR.38609022
38609033
38609048
3860902338607069
38609032
38607076
38609051
38609050
38607080
38607078
38607079 3860902438609014
38605049
3860509038609049
38609015
38607074
38607075
38609017
38609016
3
8
6
0
6
0
4
1
38609018
38605035
38607073 38608026386050713860707138608012 386090213860506838605063
38605079
386070813860504838605061
38607072
3
8
6
0
9
0
3
1
386060323
8
6
0
5
0
6
2
38606026
38605069
3 8 6 0 5 0 7 038605054
3 8 6 0 6 0 3 0 38608028386080073860506438605055
3 8 6 0 8 0 2 5
38606023386050653
8
6
0
5
0
3
4
38607082
386060363860604338607065 3860802738605043
3860501838605056
3860603138605051386050753860507638605083 38605057386050523860602538606045
38605044
386050453860505338605046
3860507738605029386050503
8
6
0
6
0
3
4
38607016
38608013
38607049
38605086 38605047
38605085
386050783860503138607018
38605084
3 86 05 0 82
38605087
38605032386050723860503038608029
38607063386050733860506738607064 3860500338607067 386080083860904538607036 38609052386060403860500438606001
38607047
3
8
6
0
8
0
11
38605036
3860800138605058
38607015
38607 05138605033
38607033 3860804038607052
38605017
38608053
3860507438605042
38606033
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38606035
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38607030
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38608023
38608022
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38608020
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38608017
38607062
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38606024
3860801438605037
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38605060
38605081
38607027
386070313860603738606039 38605039
38605041
38606028
38609035
386080423
8
6
0
6
0
4
2
3 8 6 0 7 0 1 7
38607039
3 8 6 0 9 0 3 4
38607026
38607032
38607042
38605013
38607068
3860705038608009 38608054
38609019
3 8 6 0 9 0 2 83860905438605007
38607024
3860701938605066
38607025
38605009
38608030
38608031
3 8 6 0 9 0 3 7
38608032
38608033
38608034
38607022
38608035
38608036
38608037
38607055
38608038
38608039
38607002
38607013
38606046
38607012
38607034
38607004
38607057
3860700638606027 38607011 386090463860804138607008
38607001
3860702038606013
38607003
38609026
38605005
38605006
38607060
38606047
38607038
38607054
386070593860502838607021
38605016
38609042
38605010
3860601538607058
38607023
38607037
38607007
38605012
38606011
38605014
38607005
38608050
38608047
38608044
38608048
38608049
38608051
38608043
38608052
38608045
38608046
38605015
38607043
38606004
38606008
38607040
38607041
38607056
3860703538606038 38605011
38607009
38608070
38608069
38608068
38609040
38607066
38608067
38608066
3860501938608065
38609041
38608064
38608063
3860800238608062
38606014
38606002
38606009
38609039
38609038
38606006
38606007
38606005
38606010
38606003
38607053
38608061
3860800338609027
3860502238608060
3860800438608059
38605008
3860601838608058
386080053860601638608057
3860800638608056
3860704438606017 38608055
3860602038605023386060223860905338606012 386090253860502538605026386050273860502138605020386050243860601938607010
38607061 3860904338606021386050893860902938609030
38606029
38609036
38609047
38609020
38609044
Assessment DiagramCity of SaratogaLandscaping and Lighting District LLA-1Zone 39
Zone 39 Property with Assessment NumberZone 39 consists of 326 Properties ±215
CITY OF SARATOGACity of SaratogaLandscaping & Lighting District LLA -1Engineer's ReportFiscal Year 2021/2022The undersigned respectfully submits the enclosed Report as directed by City Council.C. Stephen Bucknam Jr., C20903Lyn GniberKoppel & Gruber Public Finance^OFESS/q20903City of Saratoga Landscaping & Lighting District LLA -1Fiscal Year 2021/2022 Engineer's Report216
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Waiver Request for Theater Rental Fees
RECOMMENDED ACTION:
Consider recommendation from the Finance Committee to waive Civic Theater rental fees for an
estimated amount of $30,000 for West Valley Light Opera and South Bay Musical Theater
Company in Fiscal Year 2021/22 and apply ticket surcharge fees to the operating budget.
BACKGROUND:
On May 20, 2021, the Finance Committee considered a request to waive theater rental fees in
Fiscal Year 2021/22 that was submitted by West Valley Light Opera and South Bay Musical
Theater Company. The Committee recommended that the City Council waive rental fees and apply
ticket surcharge revenues collected during Fiscal Year 2021/22 to the operating budget to recoup
lost rental revenues.
The Civic Theater has two primary users: West Valley Light Opera and South Bay Musical Theater
Company. West Valley Light Opera has used the facility for rehearsals and performances since the
theater was constructed in 1964. South Bay Musical Theater Company has been using the theater
since 1966. Each group rents the facility approximately 135 days per year for rehearsals and
performances. State and County regulations to prevent the spread of the novel coronavirus
(COVID-19) prohibited many events and gatherings, including theater performances. As a result,
the two theater groups could have been unable to hold performances in the Theater. As COVID-
19 regulations begin to relax, the West Valley Light Opera and South Bay Musical Theater
Company are planning to resume rehearsals and performances in the Civic Theater in fall 2021.
However, both groups are facing financial hurdles and have requested that the City Council waive
rental fees for the performance season that will run September 2021 through July 2022. The request
represents a waiver of an estimated $30,000 in rental fees.
Both groups collect a $2.50 surcharge on each admission ticket that is sold. This funding is remitted
to the City and deposited in the Civic Theater Annual Improvements capital improvement project.
Money from this capital project is used to fund improvements to the Civic Theater. Examples
include electrical and lighting system upgrades, stage floor maintenance and replacement, the
217
addition of a screen used during meetings, and installation of fully accessible seating. Prior to the
pandemic, the City collected approximately $30,000 to $40,000 per year in ticket surcharge
revenues. In Fiscal Year 2018/19, the City collected just over $39,000 in ticket surcharge revenues.
ATTACHMENTS:
Attachment A – Request from West Valley Light Opera and South Bay Musical Theater
Company
218
April 27, 2021
Dear Council Members, Mr. Lindsay, and Saratoga City Staff,
Over the past sixty years, South Bay Musical Theatre and West Valley Light Opera
have been a mainstay in Saratoga, providing enrichment and entertainment for
the community. Theatrical productions bring communities together, build
empathy, and create civic awareness. In a typical year, we would bring 20,000 arts
patrons to the Civic Theater, providing great benefits to the local establishments.
The pandemic has shuttered our doors. We didn’t just dim the lights, we closed.
Community theater is produced by counting every nickel and dime, stretching
cash, and squeezing each penny. As non-profit companies,our goal is simply to
break even. Since March 2020, South Bay Musical Theatre has relied on the
generosity of our community to cover our single staff member, and our rental
spaces. West Valley Light Opera has relied on donors and their savings.
As we begin to rebuild, we ask the City of Saratoga to consider supporting its
resident theatre arts groups by waiving the theater lease fees during the coming
season, from September 2021 through July 2022.
When the arts thrive, communities thrive. Here’s what a few of our patrons and
Saratoga residents have said about SBMT’s and WVLO’s impact:
-As a resident of Saratoga I have been involved with both SBMT and
WVLO both as a patron and lighting designer. I think theater is a vital
element that makes Saratoga a place my family and I call home for the
last 20 years. I think the city should continue to support both groups as
they restart live theatre in our community. - Ed Hunter
-Thank you and keep up the quality of your productions.We love them
and do tell others about your “hidden gem.” -Beverly L.
-Saratoga has a long history of enjoying and encouraging the arts, and having
SBMT and WVLO as our resident companies continues that tradition. As a
resident of Saratoga, I'm thrilled to have such a professional outfit right here in
town. I can't wait to take my little ones to their first show. - Libby Moore
Schroeder
We ask for the council's support to keep the arts flourishing in Saratoga. Any
savings will make a huge difference for us in this critical season of rebuilding. I
am available to discuss further, at your convenience.
Thank you,
Sara K. Dean,
Executive Director, South Bay Musical Theatre
on behalf of the South Bay Musical Theatre Board of Directors,
the West Valley Light Opera Board of Directors,
and theatre lovers in Saratoga
sdean@southbaymt.com
408.410.1870 219
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:Community Development Department
PREPARED BY:Christina Fusco, Arborist
SUBJECT:Heritage Tree Designation – Application No. HPC21-0004
RECOMMENDED ACTION:
Adopt the attached resolution designating the incense cedar located at 20715 Reid Lane as a
Heritage Tree.
BACKGROUND:
In 2011, the City established a process for nomination of Heritage Trees in the City of Saratoga.
A Heritage Tree is defined as “any tree of historic significance or having historic value related to
the heritage of the City and designated by action of the City Council upon recommendation of
the Heritage Preservation Commission.” For a tree to qualify it must be an outstanding specimen
that possess good health, good structure and has the potential for a long life, as well as meet one
or more of the following criteria:
Possesses distinctive characteristics such as age, size type of species or location.
Represents special aesthetic, social, cultural, educational, economic, agricultural or
historic importance to the community.
Property owners may request Heritage Tree status by submitting an application to the City which
is reviewed by the City Arborist and Heritage Preservation Commission. The Heritage
Preservation Commission may also elect to put a tree on the Heritage Tree Inventory with the
permission of the homeowner. The Heritage Preservation Commission then makes a
recommendation to the City Council for consideration.
On January 25, 2021 the owners of the property at 20715 Reid Lane, Antonella and Fabrizio
Corno applied to designate the incense cedar in their front yard as a Heritage Tree.
On May 11, 2021 the Heritage Preservation Committee recommended that the City Council
designate the subject tree as a Heritage Tree.
220
DISCUSSION:
The subject tree is a large incense cedar in good condition. Its structure is strong and typical of
its species and it is in good health. It has a trunk diameter of 65 inches, a canopy spread of about
35 feet, and a height of about 50-60 feet. Its estimated age is 60 years. It is in a highly visible
location for pedestrians walking the neighborhood and drivers. The homeowners feel that the tree
is a defining feature of the beautiful landscape of Reid Lane.
ATTACHMENTS:
Attachment A - Resolution of approval
Attachment B - Heritage Tree List
Attachment C - Application
Attachment D - Photo
221
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA ESTABLISHING THE HERITAGE TREE INVENTORY
WHEREAS, Section 15-50.020(n) of the Saratoga City Code defines a “Heritage Tree" as any
tree of historic significance or having historic value related to the heritage of the City and designated
by action of the City Council upon recommendation of the Heritage Preservation Commission; and
WHEREAS, the Council has determined that the initiation of Heritage Tree status should be
voluntary and with the written consent of the owner(s) of the tree and impose no additional regulatory
requirements beyond those specified in Article 15 -50 of the Saratoga City Code; and
WHEREAS, the Council has determined that for a tree to qualify for Heritage status, it must
considered to be an outstanding specimen that possesses good health, good structure and has the
potential for a long life, as well as one or more of the following criteria; (1) it possesses distinctive
characteristics such as age, size, type of species or location; and (2) it represents special aesthetic,
social, cultural, educational, economic, agricultural or historic importance to the community; and
WHEREAS, the owners of the property at 20715 Reid Lane, applied to designate the incense
cedar in their front yard as a Heritage Tree and the Heritage Preservation Commission and City
Arborist have recommended approval of the designation.
WHEREAS, for the reasons set forth in the staff report accompanying this resolution the tree
meets the above criteria; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that it
approves the addition of the incense cedar in the front yard of 20715 Reid Lane to the Heritage Tree
Inventory.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16th day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, City Clerk
222
CITY OF SARATOGA HERITAGE TREE INVENTORY
Established by the City Council on June 19, 2013
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Location Heritage Tree Description
12078 Beauchamps Lane Coast Live Oak This very large multi-trunked coast live oak is in good condition with a canopy spread
of about 65 feet and a height of about 40 – 50 feet. It grows along Prospect Creek next
to the trail along the railroad tracks. According to the owners, it provides shelter for
coyotes in the summer. It is a mature specimen of the native oak for commonly found
around Saratoga. It is visible to the many pedestrians that walk along the trail between
the creek and the railroad tracks.
18820 Bella Vina 6 London
Plane trees
These trees have a distinctive history; tying bricks to the limbs to create the horizontal
spoke pattern of main limbs is unique and deserves consideration as a heritage tree.
The healthiest specimen is in the most favorable location for the specialized pruning
that it has received. The tree is reported by the owner to be over 50 years old.
20171 Bonnie Brae Way Redwood This old redwood is in excellent health and adds significantly to the value of the
property on which it grows. It has a 4 foot trunk diameter, and has been well
maintained over the years. The tree is visible from the street, adding to the aesthetic
appearance of the property and the area. This species is native to this general area and
is included on Saratoga's list of native species. The owners believe that this tree is 200
years old.
19616 Farwell Avenue Coast Live
Oak, Stone
pine,
2 Valley Oak
trees
The most significant of the four trees is a 70 inch valley oak with a 70 foot canopy
spread growing in the back yard. It is thought to be 300 years old or older based on a
letter from John Tucker, professor of botany at UC Davis provided in 1972 to the
owners. The three other trees are also old and stately. The stone pine is visible from
the street and is possibly 100 years old. Of the two valley oaks in the back yard, the
smaller one is not visible from the street, is possibly 100 years old. The large, old
coast live oak may be between 100 and 200 years old, and its structure has character.
All four trees are spaced on the property so that they can be viewed individually. All
four trees are of an exceptional size for one property and appear to have historical
significance, given their lifespan and good maintenance.
13777 Fruitvale Avenue Flowering
Cherry
The Japanese maple (Acer palmatum ‘Sango kaku’) is a young, healthy, multi-trunked
tree with a height of about 4 feet tall. The Flowering cherry (Prunus serrulata
‘Akebono’) is a young flowering cherry with a height of about 8 feet tall. The two
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Location Heritage Tree Description
Japanese
Maple
trees signify an important relationship between sister cities in Japan and Saratoga.
Both trees are located on City Hall grounds and were planted to commemorate
Saratoga’s relationship with it sister city Muko-shi, Kyoto. The flowering cherry
represents the 15th anniversary and the Japanese maple represents the 25th anniversary
of being sister cities.
12457 Lolly Court Sycamore According to the owners, this tree was planted in 1965 as a bare root specimen. It has
been well cared for over its life, is in very good health, and has an outstanding
structure. It can be viewed from the street and will provide shade to the residents of
the neighborhood over the years. In a neighborhood where trees are not as prevalent
and also not generally as tall as other sections of town, this tree stands out for its size.
Although its size is not unusual for its age or species, it is distinctive in this location.
Although this tree may not have a unique story other than being well cared for, it does
set an example of how one family can make a difference in the greening of the City of
Saratoga.
19802 Merribrook Drive Ginkgo biloba According to the owner, the tree is 50 feet tall. It is a multi-trunked Ginkgo biloba,
maindenhair tree. The canopy spread is probably fifty feet wide, providing significant
shade in the summer and beautiful fall color.
Added to the list April 16, 2014
18490 Ravenwood Drive Coast live oak This is a very large oak exhibiting very good health and good structure. It grows in
front of a house recognized by the City of Saratoga as a Historic Landmark, and
constitutes a major focal point for both the property and the street. The owner of the
property has a photo of the house and the tree where the tree looks like it is about 20 –
40 years old. The house was built in 1888, so this photo has helped to estimate the age
of the tree at about 140 – 150 years old. In addition to the house, the tree’s 50-foot
canopy shades most of the street.
14790 Butano Terrace Blue atlas
cedar
This tree is said to have been planted by Mr. Yamagami, of Yamagami’s nursery,
when the house was built. Although a slow-growing tree, it has achieved a significant
size of about 50 feet tall and 35 feet wide. The tree is in very good condition and has
a good branching structure throughout the canopy. It is a focal point of the back yard
of this property
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3 | P a g e
Location Heritage Tree Description
Added to the list November 19, 2014
21779 Congress Springs
Lane
Eucalyptus This very large eucalyptus is in good condition. Its structure is typical of eucalyptus
trees and it is in good health. It has a diameter of 9.5 feet, a canopy spread of about 65
feet and a height of about 135 feet. It grows on land that used to be part of the
Congress Springs Hotel and is thought to have been planted in the 1800’s. It is a
mature specimen visible to the people who drive out of town on Hwy 9.
20460 Forrest Hills Drive Coast live oak Historically, this tree has been referred to as the “Graduation Oak”, and 8th grade
students would gather under it at the end of the school year. It has a diameter of 57.5”,
a canopy spread of about 50 feet and its height is estimated to be 60 feet tall. In recent
years this oak has undergone extensive examination by arborists under the direction of
the school district to ensure its well-being, as well as that of the students and staff at
the school.
14766 Oak Street –
Madronia Cemetary
Coast redwood
– Pouroy
redwood
This magnificent redwood is in very good health with a diameter of 90”, a canopy
spread of 35 feet, and a height of about 70 feet. It is named for the Pourroy family
who are buried next to it. It has grown so much that two sections of the trunk have
been cut over grave markers so that they remain visible. Together with the other trees
at the cemetery, this tree creates an arboretum-like atmosphere that is both
aesthetically beautiful, and peaceful. Although it is difficult to determine the age of a
tree because size is dependent on climate from year to year, it could easily be 200
years old.
14766 Oak Street –
Madronia Cemetary
Dawn redwood This dawn redwood is in very good condition, with a diameter of 41”, a canopy spread
of about 30 feet, and a height of about 60 feet. Dawn redwoods are unusual in that
they lose their leaves in the fall and are leafless through the winter. Sometimes they
are thought to be dead because they have lost their leaves. It was thought that this
species was extinct, until specimens were found in Asia and brought back to this
country in the mid 1900’s. This beautiful tree along with the other trees on the
property, creates a peaceful, park-like setting.
14766 Oak Street –
Madronia Cemetary
Ponderosa pine This pine is in good health and a diameter of 46.5”, a canopy spread of about 30 feet
and a height of about 70 feet. This species of trees is native to the Sierra Nevada
Mountains, and is not so common in the lower elevations. This specimen is healthy,
and quite magnificent, adding to the beauty of the cemetery.
225
4 | P a g e
Location Heritage Tree Description
13777 Fruitvale Avenue –
civic center
Valley oak This valley oak is a maturing, healthy, tree located on City Hall grounds and visible
from the Allendale Avenue/Fruitvale Avenue intersection. It has a trunk diameter of
34.5”, a canopy spread of about 55 feet, and a height of about 45 feet tall. It is a focal
point for the civic center and provides shade, grace and beauty to the grounds. A
garden was planted under this oak in memory of Susie Nagpal, a council member who
died during her term a few years ago. It has many more years in its life.
Blaney Plaza Italian stone
pine
Photographs date this tree to about 1915. It originated as one of three Italian stone
pines in the plaza, and now is the only one remaining. It is a mature specimen with a
trunk diameter of 47”, a canopy spread of about 50 feet and a height of about 55 feet
tall. This tree serves as a landmark and marks the entrance to the Village, Saratoga’s
downtown.
Redwood Middle School
13925 Fruitvale Avenue
Dawn redwood This tree was planted in 1991 or 1992 in memory of Roland Schwab, a teacher who
taught at Saratoga Elementary School. The species is not very common and was
thought to be extinct until specimens were brought back from Asia in the mid 1900’s.
22505 Rolling Hills Road Italian stone
pines (9 total)
These pines are thought to be provided from the sister of a past owner. She worked for
the USDA in the late 1800’s and was provided seeds as part of a program that traded
seeds from all over the world. She gave some seeds to her brother and they were
planted in the grove on the knoll on the Saratoga property.
Hakone Gardens
21000 Big Basin Way
Redwoods at
main gate/Mon
(2 trees),
Redwood at
Moon Viewing
house
These three redwoods are in good condition. The enormous size of the trunk of the
redwood by the Moon Viewing House is noteworthy. It has two main trunks starting
at a height of about 7 feet above the ground, but below that its diameter is estimated to
be 10 feet. It has a canopy spread estimated to be 50 ft. The two on either side of the
main gate or “Mon” frame the entrance to the gardens. They have canopy spreads of
30 and 40 feet respectively.
Hakone Gardens
21000 Big Basin Way
Valley oak at
Cultural
Exchange
Building
This valley oak is a mature tree that frames the Cultural Exchange House and serves
as a focal point for the gardens.
Hakone Gardens
21000 Big Basin Way
Valley oak by
office and shed
This oak is a mature tree that visually separates the parking lot from the gardens and
adds shade for the interior gardens.
226
5 | P a g e
Location Heritage Tree Description
Hakone Gardens
21000 Big Basin Way
Valley oak by
restrooms
This valley oak marks the entrance to the gardens.
Hakone Gardens
21000 Big Basin Way
Asian pear by
pond
This specimen was brought from Japan by Mrs. Stine and planted when the garden
was founded. Although its trunk is twisted and gnarled, it still puts out a beautiful
canopy of leaves each year. It is supported by wood sticks.
Added to the list June 16, 2021
20715 Reid Lane Incense cedar
in front yard
The home owners feel that the tree is a defining feature of the beautiful landscape of
Reid Lane. The tree has a trunk diameter of 65 inches and a height of 50-60 feet.
227
228
229
20715 Ried Lane Attachment 4
230
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:Community Development Department
PREPARED BY:Nicole Johnson, Senior Planner
SUBJECT:Accept the Final Text and Location of Five Point of Interest Markers
RECOMMENDED ACTION:
Adopt the attached resolutions (Attachments A-E)accepting the final text, marker design and
location of five Point of Interest markers and authorizing and directing the Director of Community
Development and the Director of Public Works to proceed with contracting for the manufacturing
and installation of the markers.
BACKGROUND:
On February 1, 2017 City Council adopted Resolution No. 17-007 which authorized a process for
establishing Point of Interest (POI) markers on public property or within a street right of way. POI
markers are intended to commemorate events and places that are identified with the City but that
are no longer in existence. To ensure that the City markers do not have any unintended
consequences related to additional permitting reviews or constraints that could be triggered by the
California Environmental Quality Act (CEQA) due to historic/cultural resources designation, the
process was written to clarify that each marker: 1) is not identifying a heritage site, 2) does not
signify a cultural or historic resource, and 3) is not associated with a local historic or heritage
resources inventory such as the City's Heritage Resources Inventory. The proposed marker is
solely a point of interest and only details facts about the City, events, or places. To date, six POI
markers have been installed in the City.
DISCUSSION:
The Heritage Preservation Commission (HPC) is recommending that POI markers be placed at the
following locations:
The Chinese come to Saratoga (14470 Big Basin Way)
El Quito Olive Farm (Quito Road at Paseo Olivos)
Glen Una Ranch (Saratoga-Los Gatos Road/Austin Way)
McCarty House (14460 Big Basin Way)
Saratoga Vitaphone (14486 Big Basin Way)
231
2 | P a g e
The text for each proposed marker was prepared by the HPC and the Director of Public Works
reviewed and recommended the marker locations.
The markers will be uniform in design, color, font and materials. The proposed markers will be
constructed of bronze and brown in color with a leathered texture.
El Quito Olive Farm (Quito Road) & Glen Una Ranch (Saratoga-Los Gatos Road/Austin Way)
The markers will contain the City seal and are dimensioned at 30" wide by 20" high. Each will be
1.5" thick. The two markers along in Wildwood Park will be supported by two redwood posts at
the sides which will have a height of approximately three feet.
The Chinese Come to Saratoga (14470 Big Basin Way),McCarty House (14460 Big Basin Way)
and Saratoga Vitaphone (14486 Big Basin Way)
While markers are typically placed on public property or in the public right of way, the HPC felt
the remaining three makers in the Village would be better suited to be on or near the buildings
themselves. The proposed locations have received the property owners’ approval to be placed on
the exterior of their buildings at14460and 14486 Big BasinWayat the City’s expense.The marker
at 14470 Big Basin Way will be placed on an existing seat/wall adjacent to the building. The
markers will be 10" wide x 14" high bronze plaque, 1 1/2" thick, brown background, leather
texture.
FISCAL IMPACT:
The total cost of the Markers including installation is $7,930. The FY20-21 budget has a current
balance of $11,600 for HPC expenditures.
ATTACHMENTS:
Attachment A - Resolution for The Chinese Come to Saratoga (14470 Big Basin Way)
Attachment B - Resolution for El Quito Olive Farm (Quito Road at Paseo Olivos)
Attachment C - Resolution for Glen Una Ranch (Saratoga-Los Gatos Road/Austin Way)
Attachment D - Resolution for McCarty House (14460 Big Basin Way)
Attachment E - Resolution for Saratoga Vitaphone (14486 Big Basin Way)
Attachment F - Proposed text for the POI Markers
Attachment G- Significance Statements and Research Information
Attachment H- Proposed Locations
232
1
RESOLUTION NO: 21-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AUTHORIZING THE INSTALLATION OF A POINT OF
INTEREST MARKER FOR “THE CHINESE COME TO SARATOGA”
WHEREAS, on February 1, 2017 the City Council of the City of Saratoga adopted
Resolution No. 17- 007 which authorized a process for establishing Point of Interest Markers to
increase knowledge, understanding and appreciation of the City's past by commemorating events
and places that are identified with the region that are no longer in existence, and
WHEREAS, the City Council determined on February 1, 2017 that a site marked as a Point
of Interest does not signify the site as a cultural or historical resource, is not identifying a heritage
site nor is it to be associated with the Saratoga's Heritage Resources Inventory, and
WHEREAS, During the late 1880’s a two-story high buildingwas constructed at the location
now known as 14470 Big Basin Way and occupied by Hop Kee. Hop Kee used the property as a
laundry and an employment agency, and
WHEREAS, during this time period Chinese immigrants provided the labor for early road
building and agriculture, and
WHEREAS, the Heritage Preservation Commission has recommended that a Point of
Interest Marker be installed on the seat/wall in the planter adjacent to thebuilding at 14470 Big Basin
way to identify the site of the Chinese Laundry, and
WHEREAS, the text for the proposed marker was drafted, reviewed and edited by the
Heritage Preservation Commission and the Director of Community Development, and
WHEREAS, the Director of Public Works reviewed and recommended the marker location
at 14470 Big Basin Way, in consultation with the Heritage Preservation Commission and the
Director of Community Development, and
WHEREAS, this action is not subject to the California Environmental Quality Act because
there is no possibility that the activity in question may have a significant effect on the environment
(CEQA Guidelines Section 15061(b)(3)).
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby: 1) Authorizes the final text shown in Exhibit F to the staff report for this resolution and
marker design described in the staff report for this resolution; 2) Authorizes the location to install
the Point of Interest Marker shown in Attachment H to the staff report for this resolution; and
3)Authorizes the Director of Community Development and the Director of Public Works to proceed
with contracting for the manufacturing and installation of the markerin cooperation with the property
owner.
233
2
PASSED AND ADOPTED by the City Council of the City of Saratoga on this 16th day of June
2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
Attest:
Debbie Bretschneider, City Clerk
234
1
RESOLUTION NO: 21-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AUTHORIZING THE INSTALLATION OF A POINT OF
INTEREST MARKER FOR “THE EL QUITO OLIVE FARM”
WHEREAS, on February 1, 2017 the City Council of the City of Saratoga adopted
Resolution No. 17- 007 which authorized a process for establishing Point of Interest Markers to
increase knowledge, understanding and appreciation of the City's past by commemorating events
and places that are identified with the region that are no longer in existence, and
WHEREAS, the City Council determined on February 1, 2017 that a site marked as a Point
of Interest does not signify the site as a cultural or historical resource, is not identifying a heritage
site nor is it to be associated with the Saratoga's Heritage Resources Inventory, and
WHEREAS, in 1865 Don Jose Ramon Arguello chose 80 acres of land out of his large grant
for a home and a place to grow olives. Edward E. Goodrich bought the olive farm from the estate
of Arguello in 1880, and
WHEREAS, Edward E. Goodrich built a winery type building housing an olive mill. The
mill consisted of two huge flat stones which rotated, crushing the olives and converting them into a
pulp. The pulp was placed in a powerful press which forced out the oil. It was then bottled in various
sizes. The olive oil was marketed under the name El Quito olive oil in colorful bottles, and
WHEREAS, the Heritage Preservation Commission has recommended that a Point of
Interest Marker be installed on Quito Road and Paseo Olivos to identify the site of the El Quito Olive
Farm, and
WHEREAS, the text for the proposed marker was drafted, reviewed and edited by the
Heritage Preservation Commission and the Director of Community Development, and
WHEREAS, the Director of Public Works reviewed and recommended the marker location
within Wildwood Park, in consultation with the Heritage Preservation Commission and the Director
of Community Development, and
WHEREAS, this action is not subject to the California Environmental Quality Act because
there is no possibility that the activity in question may have a significant effect on the environment
(CEQA Guidelines Section 15061(b)(3)).
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby: 1) Authorizes the final text shown in Exhibit F to the staff report for this resolution and
marker design described in the staff report for this resolution; 2) Authorizes the location to install
the Point of Interest Marker shown in Attachment H to the staff report for this resolution; and
3)Authorizes the Director of Community Development and the Director of Public Works to proceed
with contracting for the manufacturing and installation of the marker in cooperation with the property
235
2
owner.
PASSED AND ADOPTED by the City Council of the City of Saratoga on this 16th day of June
2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zho, Mayor
Attest:
Debbie Bretschneider, City Clerk
236
1
RESOLUTION NO: 21-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AUTHORIZING THE INSTALLATION OF A POINT OF
INTEREST MARKER FOR “THE GLEN UNA RANCH”
WHEREAS, on February 1, 2017 the City Council of the City of Saratoga adopted
Resolution No. 17- 007 which authorized a process for establishing Point of Interest Markers to
increase knowledge, understanding and appreciation of the City's past by commemorating events
and places that are identified with the region that are no longer in existence, and
WHEREAS, the City Council determined on February 1, 2017 that a site marked as a Point
of Interest does not signify the site as a cultural or historical resource, is not identifying a heritage
site nor is it to be associated with the Saratoga's Heritage Resources Inventory, and
WHEREAS, Dr. George Handy purchased 450 acres of land in 1883 in Saratoga to grow
fruit. He spent the next 10 years planting cherries, pears, grapes and prunes. He named the canyon
Glen Una after his daughter Una, and
WHEREAS, Handy sold the ranch in 1891 to George W. Hume, owner of Pacific Coast
Salmon Canneries. Hume gave the ranch to his son, Frank H. Hume. Frank married Una Handy in
1892. Frank Hume expanded the ranch to 680 acres, the largest prune ranch in the world. He created
a model self-sufficient farm with private water works, electric power plant, paint shed and
blacksmith shop, and
WHEREAS, the Heritage Preservation Commission has recommended that a Point of
Interest Marker be installed at the intersection of Saratoga-Los Gatos Road and Austin Way to
identify the site of the Glen Una Ranch, and
WHEREAS, the text for the proposed marker was drafted, reviewed and edited by the
Heritage Preservation Commission and the Director of Community Development, and
WHEREAS, the Director of Public Works reviewed and recommended the marker location
within Wildwood Park, in consultation with the Heritage Preservation Commission and the Director
of Community Development, and
WHEREAS, this action is not subject to the California Environmental Quality Act because
there is no possibility that the activity in question may have a significant effect on the environment
(CEQA Guidelines Section 15061(b)(3)).
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby: 1) Authorizes the final text shown in Exhibit F to the staff report for this resolution and
marker design described in the staff report for this resolution; 2) Authorizes the location to install
the Point of Interest Marker shown in Attachment H to the staff report for this resolution; and
3)Authorizes the Director of Community Development and the Director of Public Works to proceed
237
2
with contracting for the manufacturing and installation of the marker in cooperation with the property
owner.
PASSED AND ADOPTED by the City Council of the City of Saratoga on this 16
th day of June 2021
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
Attest:
Debbie Bretschneider, City Clerk
1235572.1
238
1
RESOLUTION NO: 21-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AUTHORIZING THE INSTALLATION OF A POINT OF
INTEREST MARKER FOR THE MCCARTY HOUSE
WHEREAS, on February 1, 2017 the City Council of the City of Saratoga adopted
Resolution No. 17- 007 which authorized a process for establishing Point of Interest Markers to
increase knowledge, understanding and appreciation of the City's past by commemorating events
and places that are identified with the region that are no longer in existence, and
WHEREAS, the City Council determined on February 1, 2017 that a site marked as a Point
of Interest does not signify the site as a cultural or historical resource, is not identifying a heritage
site nor is it to be associated with the Saratoga's Heritage Resources Inventory, and
WHEREAS, Martin McCarty came to Saratoga in 1849. He was an ambitious young man
(1825-1864) moving to the US from Ireland. He was a wagon master during the Mexican-American
War. After completing service, he went to seek gold in California. He settled where Saratoga is
located today. He filed a claim for 230 acres of what he thought was government land outside the
Quito grant, and
WHEREAS, McCarty leased a sawmill from William Campbell. During the next two years,
he obtained a franchise to build a road through the town and up the canyon to the mill. A toll gate
was erected. This lasted about a year before the newly formed Santa Clara county took over the road.
He laid the town out and named it McCartysville in 1852. The name "Tollgate" stayed for many
years, and
WHEREAS,Martin McCarty married Hannah Barry in 1853. They lived in a single story
home on this site with their four children, and
WHEREAS, the Heritage Preservation Commission has recommended that a Point of
Interest Marker be installed on the exterior of the building at 14460 Big Basin Way to identify the
site of the McCarty house, and
WHEREAS, the text for the proposed marker was drafted, reviewed and edited by the
Heritage Preservation Commission and the Director of Community Development, and
WHEREAS, the Director of Public Works reviewed and recommended the marker location
within Wildwood Park, in consultation with the Heritage Preservation Commission and the Director
of Community Development, and
WHEREAS, placement of the marker on building at 14460 Big Basin Way has been
approved by the property owner;
WHEREAS, this action is not subject to the California Environmental Quality Act because
239
2
there is no possibility that the activity in question may have a significant effect on the environment
(CEQA Guidelines Section 15061(b)(3)).
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby: 1) Authorizes the final text shown in Exhibit F to the staff report for this resolution and
marker design described in the staff report for this resolution; 2) Authorizes the location to install
the Point of Interest Marker shown in Attachment H to the staff report for this resolution; and
3)Authorizes the Director of Community Development and the Director of Public Works to proceed
with contracting for the manufacturing and installation of the marker in cooperation with the property
owner.
PASSED AND ADOPTED by the City Council of the City of Saratoga on this 16th day of June 2021
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zho, Mayor
Attest:
Debbie Bretschneider, City Clerk
240
1
RESOLUTION NO: 21-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AUTHORIZING THE INSTALLATION OF A POINT OF
INTEREST MARKER FOR “THE SARATOGA VITAPHONE”
WHEREAS, on February 1, 2017 the City Council of the City of Saratoga adopted
Resolution No. 17- 007 which authorized a process for establishing Point of Interest Markers to
increase knowledge, understanding and appreciation of the City's past by commemorating events
and places that are identified with the region that are no longer in existence, and
WHEREAS, the City Council determined on February 1, 2017 that a site marked as a Point
of Interest does not signify the site as a cultural or historical resource, is not identifying a heritage
site nor is it to be associated with the Saratoga's Heritage Resources Inventory, and
WHEREAS, Mason Shaw brought the first theater to Saratoga in 1948. The auditorium was
constructed out of a Quonset hut and could seat 485 people, and
WHEREAS, Pat and Vi Moore took over management in the 1970's. Renamed the
Vitaphone, the theater was known for showing classic films. They started the first commercial family
film club and had over 10,000 members including John Wayne, Irene Dunn, Olivia DeHavilland and
Charleston Heston, and
WHEREAS, the Heritage Preservation Commission has recommended that a Point of
Interest Marker be installed on the exterior of the building at 14486 Big Basin Way to identify the
site of the Vitaphone, and
WHEREAS, the text for the proposed marker was drafted, reviewed and edited by the
Heritage Preservation Commission and the Director of Community Development, and
WHEREAS, the Director of Public Works reviewed and recommended the marker location
within Wildwood Park, in consultation with the Heritage Preservation Commission and the Director
of Community Development, and
WHEREAS, placement of the marker on building at 14486 Big Basin Way has been
approved by the property owner;
WHEREAS, this action is not subject to the California Environmental Quality Act because
there is no possibility that the activity in question may have a significant effect on the environment
(CEQA Guidelines Section 15061(b)(3)).
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby: 1) Authorizes the final text shown in Exhibit F to the staff report for this resolution and
marker design described in the staff report for this resolution; 2) Authorizes the location to install
the Point of Interest Marker shown in Attachment H to the staff report for this resolution; and
241
2
3)Authorizes the Director of Community Development and the Director of Public Works to proceed
with contracting for the manufacturing and installation of the marker in cooperation with the property
owner.
PASSED AND ADOPTED by the City Council of the City of Saratoga on this 16th day of June
2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zho, Mayor
Attest:
Debbie Bretschneider, City Clerk
242
THE CHINESE COME TO SARATOGA
LATE 1800's
ON THIS SITE ONCE STOOD A TWO-STORY HIGH BUILDING AND OCCUPIED BY HOP
KEE. HOP KEE USED THE PROPERTY AS A LAUNDRY AND AN EMPLOYMENT AGENCY.
HE LIVED ON THE FIRST FLOOR. DURING THIS TIME PERIOD THE CHINESE PROVIDED
THE LABOR FOR EARLY ROAD BUILDING AND AGRICULTURE.
THE CHINESE EXCLUSION ACT WAS SIGNED IN 1882 PROHIBITING ALL IMMIGRATION
OF CHINESE LABORERS. THE GOLD RUSH SUCCESS BROUGHT MANY CHINESE TO
CALIFORNIA IN SEARCH OF WORK IN MINING AND BUILDING RAILROADS. THIS LAW
ATTEMPTED TO STOP ALL CHINESE IMMIGRATION INTO THE UNITED STATES WITH
EXCEPTIONS FOR DIPLOMATS, TEACHERS, STUDENTS, MERCHANTS, AND
TRAVELERS. THE CHINESE EXCLUSION ACT LASTED FOR ABOUT THIRTY YEARS.
ONE JUNE 18, 2012, THE UNITED STATES HOUSE OF REPRESENTATIVES PASSED
H.RES.683, A RESOLUTION INTRODUCED BY CONGRESSWOMAN JUDY CHU THAT
FORMALLY EXPRESSED THE REGRET OF THE HOUSE OF REPRESENTATIVES FOR THE
CHINESE EXCLUSION ACT, AN ACT WHICH IMPOSED RESTRICTIONS ON CHINESE
IMMIGRATION AND NATURALIZATION. IN 2014 THE CALIFORNIA LEGISLATURE TOOK
FORMAL ACTION TO PASS MEASURES THAT RECOGNIZED THE MANY PROUD
ACCOMPLISHMENTS OF CHINESE-AMERICANS IN CALIFORNIA.
182 WORDS
243
EL QUITO OLIVE FARM
1865
IN 1865 DON JOSE RAMON ARGUELLO CHOSE 80 ACRES OF LAND OUT OF HIS LARGE
GRANT FOR A HOME AND A PLACE TO GROW OLIVES. EDWARD E. GOODRICH
BOUGHT THE OLIVE FARM FROM THE ESTATE OF ARGUELLO IN 1880. EDWARD AND
HIS WIFE MOVED TO SARATOGA FROM MASSACHUSETTS. A FORMER SUCCESSFUL
ATTORNEY, HE BEGAN TO ESTABLISH AN INDUSTRY.
MORE OLIVE TREES WERE PLANTED WITH GRAPE VINES BETWEEN THE ROWS-- A
CUSTOM FOUND IN ITALY AND SPAIN. HE BUILT A WINERY TYPE BUILDING HOUSING
AN OLIVE MILL. THE MILL CONSISTED OF TWO HUGE FLAT STONES WHICH
ROTATED, CRUSHING THE OLIVES AND CONVERTING THEM INTO A PULP. THE PULP
WAS PLACED IN A POWERFUL PRESS WHICH FORCED OUT THE OIL. IT WAS THEN
BOTTLED IN VARIOUS SIZES.
THE OLIVE OIL WAS MARKETED UNDER THE NAME EL QUITO OLIVE OIL IN
COLORFUL BOTTLES. IT PLACED FIRST IN THE 1885 NEW ORLEANS EXPOSITION.
MANY OTHER AWARDS AND PRIZES WERE WON AT VARIOUS CALIFORNIA FAIRS.
PICKLED OLIVES AND OLIVE OIL SOLD RAPIDLY FOR MANY YEARS. AFTER HIS
DEATH SOME OF THE OLIVE TREES WERE GIVEN FOR DISPLAY AT THE WORLD'S FAIR
HELD IN 1939 AND 1940. THE FARM WAS SOLD AND SUBSEQUENTLY SUBDIVIDED.
203 WORDS.
244
GLEN UNA RANCH-- LARGEST PRUNE RANCH IN THE WORLD-
1883-1919
DR. GEORGE HANDY RETIRED AS AN EYE SPECIALIST IN SAN FRANCISCO AND
PURCHASED 450 ACRES OF LAND IN 1883 IN SARATOGA TO GROW FRUIT. HE SPENT
THE NEXT 10 YEARS PLANTING CHERRIES, PEARS, GRAPES AND PRUNES. HE NAMED
THE CANYON GLEN UNA AFTER HIS DAUGHTER UNA.
HE SOLD THE RANCH IN 1891 TO GEORGE W. HUME, OWNER OF PACIFIC COAST
SALMON CANNERIES. HUME GAVE THE RANCH TO HIS SON, FRANK H. HUME. FRANK
MARRIED UNA HANDY IN 1892.
FRANK HUME EXPANDED THE RANCH TO 680 ACRES-- THE LARGEST PRUNE RANCH
IN THE WORLD. HE CREATED A MODEL SELF-SUFFICIENT FARM WITH PRIVATE
WATER WORKS, ELECTRIC POWER PLANT, PAINT SHED AND BLACKSMITH SHOP. HE
PUT IN A TELEPHONE AS WELL AS ELECTRIC LIGHTS. GRAVELED ROADS WERE
CONSTANTLY REPAIRED USING HIS OWN GRAVEL PITS AND SPRINKLING WAGONS.
WATER WAS PIPED FROM THE SPRINGS TO EVERY BUILDING. WORK INVOLVING THE
PACKING OF DRIED FRUIT WAS DONE AT NIGHT TO KEEP THE DRIED FRUIT CLEAN.
HE EMPLOYED 25 MEN YEAR ROUND AND 75 TO 100 WERE EMPLOYED DURING
HARVEST TIME. THE PRUNES WERE PACKED IN EXCLUSIVE BOXES LABELED "GLEN
UNA PRUNES". EACH DAY A WHISTLE WAS BLOWN SIGNIFYING WORK WAS DONE--
CAUSING ALL THE LOCAL COYOTES TO HOWL AND COULD BE HEARD FROM OVER 10
MILES AWAY.
HIS HOME, CALLED DOTSWOOD, WAS A CENTER OF ENTERTAINMENT HOSTING
WELL-KNOWN ARTISTS, WRITERS, AND THEATRICAL PEOPLE. IT SPORTED THE
VALLEY'S FIRST PRIVATE SWIMMING POOL.
THE RANCH WAS SOLD IN 1919 AND SUBDIVIDED.
254 words
245
SARATOGA--ONCE KNOWN AS TOLLGATE AND MCCARTYSVILLE-
1850'S-1864
MARTIN MCCARTY CAME TO SARATOGA IN 1849. HE WAS AN AMBITIOUS YOUNG MAN
(1825-1864) MOVING TO THE US FROM IRELAND. HE WAS A WAGONMASTER DURING
THE MEXICAN-AMERICAN WAR. AFTER COMPLETING SERVICE, HE WENT TO SEEK
GOLD IN CALIFORNIA. HE SETTLED WHERE SARATOGA IS LOCATED TODAY. HE
FILED A CLAIM FOR 230 ACRES OF WHAT HE THOUGHT WAS GOVERNMENT LAND
OUTSIDE THE QUITO GRANT. MCCARTY LEASED A SAWMILL FROM WILLIAM
CAMPBELL. DURING THE NEXT TWO YEARS, HE OBTAINED A FRANCHISE TO BUILD A
ROAD THROUGH THE TOWN AND UP THE CANYON TO THE MILL. A TOLL GATE WAS
ERECTED. THIS LASTED ABOUT A YEAR BEFORE THE NEWLY FORMED SANTA CLARA
COUNTY TOOK OVER THE ROAD. HE LAID THE TOWN OUT AND NAMED IT
MCCARTYSVILLE IN 1852. THE NAME "TOLLGATE" STAYED FOR MANY YEARS.
HE MARRIED HANNAH BARRY (1834-1892) IN 1853. THEY LIVED IN A SINGLE STORY
HOME ON THIS SITE WITH THEIR FOUR CHILDREN. MCCARTY DIED UNEXPECTEDLY
IN 1864. AFTER HIS DEATH, HANNAH DISCOVERED THAT THE LAND PURCHASED WAS
PART OF A SPANISH CLAIM. SHE RE-PURCHASED 128 ACRES AND BECAME A VERY
SUCCESSFUL BUSINESS WOMAN. SHE WAS VERY CHARITABLE AND DONATED LAND
FOR A SCHOOL AND CHURCH.
206 WORDS.
246
SARATOGA VITAPHONE
1948-1985
MASON SHAW BROUGHT THE FIRST THEATER TO SARATOGA IN 1948. THE
AUDITORIUM WAS CONSTRUCTED OUT OF A QUONSET HUT AND COULD SEAT 485
PEOPLE. AFTER WORLD WAR II QUONSET HUTS WERE PART OF A NATIONWIDE
TREND FOR BUILDING INEXPENSIVE MOVIE THEATERS. IN FRONT OF THE QUONSET
AUDITORIUM STOOD A BOX BUILDING HOUSING THE TICKET LOBBY AND FLANKED
BY TWO SMALL STORES. ABOVE WAS A SECOND FLOOR USED AS APARTMENT SPACE.
IN THE EARLY DAYS OF THE THEATER, SHAW AND PAT BEAUDRY EXPERIMENTED
WITH ONE-ACT PLAYS ALONG WITH REGULAR FILM FARE.
PAT AND VI MOORE TOOK OVER MANAGEMENT IN THE 1970'S. RENAMED THE
VITAPHONE, THE THEATER WAS KNOWN FOR SHOWING CLASSIC FILMS. THEY
STARTED THE FIRST COMMERCIAL FAMILY FILM CLUB AND HAD OVER 10,000
MEMBERS INCLUDING JOHN WAYNE, IRENE DUNN, OLIVIA DEHAVILLAND AND
CHARLESTON HESTON. MEMBERSHIP WAS $10 PER YEAR. MEMBERS, FOR $3.00,
COULD ENJOY TWO FEATURE FILMS, A CARTOON AND NEWSREEL, PLUS FREE
COFFEE AND COOKIES.
THE MOORES CREATED A FAMILY ATMOSPHERE WITH THEIR 3 CATS AND
ANECDOTAL MATERIAL ABOUT THE FILMS DURING INTERMISSION. ROMANTIC
FILMS OF THE 1940S AND 1950S WERE VERY POPULAR.
187 WORDS
247
The Chinese Come to Saratoga
Significance
On this site once stood one of the buildings owned by the Chinese that provided laundry services
and labor. In the early days of Saratoga’s growth, the population was mostly Anglo-Saxon. In the
1870s - 1880s, Swiss, Italian, Slavonian and French immigrants moved to Saratoga. In the 1890s,
Chinese immigrants began to come to Saratoga. Before this, few Chinese came and were largely
limited to orchard work. The Chinese quickly began to specialize in providing services and labor:
Hop Kee laundry and employment agency; Chong Kee, groceries and Chinese labor; Wing Lee,
groceries, provisions and contractor for Chinese labor and Gee Lee. Merchandise and employment
office.
The Chinese Exclusion Act was signed in 1882 prohibiting all immigration of Chinese laborers.
The early gold rush success brought many Chinese to the us in search of work in mining and
building railroads. This law attempted to stop all Chinese immigration into the United States with
exceptions for diplomats, teachers, students, merchants, and travelers. The law was widely evaded.
The Chinese Exclusion Act lasted for about thirty years and it caused the U.S. economy to suffer
a great loss.
On June 18, 2012, the United States House of Representatives passed H.RES. 683, a resolution
which had been introduced by Congresswoman Judy Chu, that formally expressed the regret of
the House of Representatives for the Chinese Exclusion Act, an act which imposed almost total
restrictions on Chinese immigration and naturalization and denied Chinese Americans basic
freedoms because of their ethnicity. In 2014, the California legislature took formal action to pass
measures that formally recognized the many proud accomplishments of Chinese Americans in
California and called upon Congress to formally apologize for the 1882 adoption of the Chinese
Exclusion Act.
Resources:
Saratoga's first hundred years, Florence Cunningham
Internet
248
El Quito Olive Farm
Significance
While many were thinking of planting prunes, apricots, and plums in the valley of heart's delight,
lawyer Edward E. Goodrich thought about olives. Goodrich and his wife, Sara M. Shafter moved
to Saratoga in 1881 from Massachusetts. He purchased the 81 acre olive farm from the estate of
Don Jose Ramon Arguello.
More olive trees were planted with grape vines between the rows-- a custom found in Italy and
Spain. He built a winery type building housing an olive mill. The mill consisted of two huge, flat
stones which rotated, crushing the olives and converting them into a pulp. The pulp was placed in
a powerful press which forced out the oil. It was then bottled in various sizes.
The olive oil was marketed under the name El Quito Olive Oil in colorful bottles. It placed first
in the 1885 New Orleans exposition. Many other awards and prizes were won at various California
fairs. Pickled olives and olive oil sold rapidly for many years. After his death, the olive trees were
given for display at the world's fair held in 1939 and 1940. The farm was later sold and subdivided.
Sources:
Saratoga story, Rv Garrod
First hundred years, Florence Cunningham
The valley of heart's delight/santaclararesearch.net
Https://www.cagenweb.org/
1888 map of Quito
249
Glen Una Ranch
Significance
Dr. George Handy retired as an eye specialist in San Francisco and purchased 450 acres to grow
fruit in 1883. He spent the next 10 years planting cherries, pears, grapes and prunes. The canyon
was named Glen Una after his daughter Una.
He sold the ranch in 1891 to George W. Hume, owner of Pacific Coast Salmon Canneries. Hume
gave the ranch to his son, Frank H. Hume. Frank married Una in 1892.
Frank Hume continued to expand the ranch to 680 acres. He created a model self-sufficient farm
with private water works, electric power plant, paint shed and blacksmith shop. He put in a
telephone as well as electric lights. Graveled roads were constantly repaired by its own gravel pits
and own sprinkling wagons. Water was piped from the springs to every building. Work involving
the packing of dried fruit was done at night to keep the dried fruit clean. Unlike most ranches, he
employed 25 men year round and 75 to 100 were employed during harvest time. The prunes were
packed in exclusive boxes labeled "Glen Una Prunes". Each day after work was done, a whistle
was blown-- causing all the local coyotes to howl.
His home, called Dotswood, was designed by popular architect Bruce Porter. It became a center
of entertainment hosting well-known artists, writers, and theatrical people. It sported the valley's
first private swimming pool.
The ranch was sold in 1919 and subdivided.
Sources:
First hundred years, Florence Cunningham
Stereopticon, Willys Peck
Willys peck's stereopticon
The valley of heart's delight/santaclararesearch.net
Https://www.cagenweb.org/
Brainard map
250
McCarty House
Significance
Martin McCarty came to Saratoga in 1850. He was an ambitious young man (1825-1864) moving
to the U.S. from Ireland. He was a wagon master during the Mexican-American War. After
completing service, he went to seek gold in California. He settled where Saratoga is located today.
He filed a claim for 230 acres of what he thought was government land outside the Quito grant.
McCarty leased a sawmill from William Campbell. During the next two years, business doubled.
He obtained a franchise to build a road through the town and up the canyon to the mill. A toll gate
was erected. This lasted about a year before the newly formed Santa Clara County took over the
road. But the name "Tollgate" became the moniker for the area. McCarty built a home and laid
the area out as a town named McCartysville in 1852. Many people continued to call it Tollgate.
He married Hannah Barry (1834-1893) in 1853. They lived in a house on this site where they had
four children. McCarty died unexpectedly in 1864. After his death, Hannah discovered that the
land purchased was found to be a Spanish claim. Hannah was able to re-purchase 128 acres of the
original purchase. She became a very successful businesswoman and owned some of the best real
estate in the Village. She was very charitable and donated land for a school and church in addition
to owning several successful businesses.
Resources:
Saratoga's first hundred years, Florence Cunningham
The valley of heart's delight/santaclararesearch.net
251
Saratoga Vitaphone
Significance
Mason Shaw’s 485 seat theater opened in 1948. The auditorium was constructed out of a Quonset
hut following a nationwide trend after WWII of using Quonset huts to build inexpensive movie
theaters. In front of the Quonset auditorium stood a boxy structure which housed the ticket lobby
of the Saratoga theatre, flanked by two small stores. Above was a second floor which was used as
apartment space. In the early days of the theater, Shaw and Pat Beaudry experimented with one-
act plays along with regular film fare.
Pat and Vi Moore took over management in the 1970s. Renamed the Vitaphone, the theater showed
classic films and smelled of warm popcorn. The owner's three cats might jump in the audience's
lap during the films. They had the only commercial family film club on the West Coast. The
Vitaphone family film club had over 10,000 members and included John Wayne, Irene Dunn,
Olivia DeHavilland and Charleston Heston. Membership was $10 per year. Members could enjoy
two feature films, a cartoon and newsreel, plus free coffee and cookies all for $3.00.
Films were obtained from the UCLA film archives, the Library of Congress and from other
sources. Members would often request films or actors and the Moore’s would obtain the film! Pat
Moore talked to the audience before and during the intermission and provided anecdotal material
about the films. Romantic films of the 1940s and 1950s were especially enjoyed. "Goodbye, Mr.
Chips" was an audience favorite setting records for attendance. The building was torn down in
1985 and is still missed.
Sources: Saratoga stereopticon, Willys Peck
Theatres of San Francisco Peninsula, Gary Lee Park
Theatres of San Jose. Gary Lee Park
Quonset hut theatres, Saratoga Historical Foundation newsletter, by Gary Lee Park
Blog online
San Jose mercury news article, June 6, 1989
Assorted Saratoga star news articles
252
14486 Big Basin Way
(Sipan bldg.)
Saratoga Vitaphone
14460 Big Basin Way
(Saratoga Chamber of
Commerce bldg.)
McCarty House
14470 Big Basin Way
(seat/wall in planter)
(Bank of America bldg.)
The Chinese Come to
Saratoga
253
Glen Una Ranch
(in ROW)
El Quito Olive Farm
(in ROW)
254
CITY OF SARATOGA
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Nicole Johnson. Senior Planner
Date: June 16, 2021
Subject: 3.3 Accept the Final Text and Location of Five Point of Interest Markers
After publication of the agenda packet for the June 16th City Council Meeting, staff has had additional
communication with the Vice Chair of Heritage Preservation Commission, Annette Stransky, who was
responsible for drafting the language for the POI Markers, and there is a desire to refine the text on at
least one Marker. It is best to keep the POI Markers together as a package and staff through this
memorandum has changed the Recommendation Action on this item to: Refer the five proposed Point
of Interest Markers back to the Heritage Preservation Commission to provide additional
oppotortunites to refine the text on the markers.
255
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Remote Public Participation Policy
RECOMMENDED ACTION:
Approve the resolution establishing a Remote Public Participation Policy.
BACKGROUND:
On June 2, 2021, the City Council directed staff to return at a future meeting with a policy
establishing a policy for remote public participation. With adoption of the policy, City Council,
Council Committee, and Commission meetings held in the Civic Theater and Linda Callon
Conference Room will include an option to participate remotely once these two meeting locations
are equipped to allow remote participation.
ATTACHMENTS:
Attachment A –Remote Public Participation Policy
256
RESOLUTION NO. 21-___
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA ESTABLISHING A
REMOTE PUBLIC PARTICIPATION POLICY
WHEREAS, during the novel coronavirus pandemic, the City used a virtual meeting tool that
allowed the City Council, Council Committees, Commissions to continue holding meetings and provided
a way for the public to participate in meetings; and
WHEREAS, the City Council recognizes that public participation is a critical component of the
civic process and values the input it receives from members of the public during meetings; and
WHEREAS, the City Council wishes to make it easier for the public to comment during meetings
by providing the public with a way to participate remotely in most public meetings of the City Council,
Council Committees, and Commissions in addition to attending meetings in person or submitting written
comments in advance of the meeting; and
WHEREAS, the City Council recognizes that it may not be feasible to provide the public with the
option to participate remotely in every City Council, Council Committee, and Commission meeting, such
as site visits;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
establishes the attached policy for remote public participation in City Council, Council Committee, and
Commission Meetings.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, CMC
City Clerk
257
City of Saratoga Remote Public Participation Policy
(Adopted June 16, 2021 via Resolution 21-__)
Page 1 of 1
CITY OF SARATOGA REMOTE PUBLIC PARTICIPATION POLICY
Adopted June 16, 2021 via Resolution 21-__
The City Council of the City of Saratoga has approved this policy concerning remote public
participation in City Council, Council Committee, and Commission Meetings.
1. City Council, Council Committee, and Commission Meetings held in the Civic Theater or
Linda Callon Conference Room must include an option for the public to participate
remotely once these rooms are equipped to allow remote participation. This requirement
does not apply in the event that remote participation technology is unexpectedly not
available (such as an internet service outage).
2. To the greatest extent possible, City Council, Council Committee, and Commission
Meetings should be scheduled to occur in either the Civic Theater or Linda Callon
Conference Room. However, the City Council recognizes that not all meetings can occur
in these two locations. For example, site visits and meetings with many attendees.
3. Council Committee and Commission regular meeting schedules and locations shall be
established to allow use of the Civic Theater or Linda Callon Conference Room to provide
the public with the option to participate in meetings remotely.
258
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Meeting Recording Policy
RECOMMENDED ACTION:
Approve the resolution establishing a Meeting Recording Policy.
BACKGROUND:
On June 2, 2021, the City Council discussed meeting recording practices at the request of Vice
Mayor Walia with the support of Council Member Fitzsimmons. As part of the discussion, the
City Council directed staff to expand recording practices. The City of Saratoga has recorded City
Council Regular Meetings since 1991 and Planning Commission Regular Meetings since 2004.
With adoption of the attached resolution, video recordings will be expanded to include City
Council Study Sessions, City Council meetings with the Planning Commission, and Planning
Commission Study Sessions. Recordings will be captured using the City’s remote participation
tool, such as Zoom, and made available on the City website for the public to view. Recordings of
meetings that are not broadcast by KSAR will not be required to be indexed.
ATTACHMENTS:
Attachment A –Resolution Establishing a Meeting Recording Policy
259
RESOLUTION NO. 21-___
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA ESTABLISHING A POLICY
FOR MEETING RECORDINGS
WHEREAS, the City Council recognizes that recordings of meeting provide the most
complete and comprehensive record of a meeting; and
WHEREAS, the City Council also values that meeting recordings allow the public to view
meetings after they have occurred, providing the community with additional options to track and
observe the City’s decision making and advisory bodies; and
WHEREAS, the City of Saratoga’s video archives for City Council Regular Meetings goes
back as far as 1991 and the City’s archive of Planning Commission Regular Meetings dates back
to 2004; and
WHEREAS, the City Council wishes to increase the number of meetings that are recorded
and made available to the public on the City website;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
establishes the attached policy for meeting recordings.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, CMC
City Clerk
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City of Saratoga Meeting Recording Policy (Adopted June 16, 2021 via Resolution 21-__) – Page 1 of 1
CITY OF SARATOGA MEETING RECORDING POLICY
Adopted June 16, 2021 via Resolution 21-__
The City Council of the City of Saratoga has approved this policy concerning recording of
meetings.
1. All City Council Regular Meetings held in the Civic Theater shall be video recorded and
indexed to allow ready viewing of particular agenda items. The video recordings shall be
made available to the public on the City website.
2. City Council Study Sessions and City Council meetings with the Planning Commission shall
video recorded. The video recordings shall be made available to the public on the City
website. These video recordings are not required to be indexed.
3. Planning Commission Regular Meetings held in the Civic Theater shall be video recorded
and indexed to allow ready viewing of particular agenda items. The video recordings shall
be made available to the public on the City website.
4. Planning Commission Study Sessions shall be video recorded. The video recordings will be
made available to the public on the City website. These video recordings are not required to
be indexed.
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SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Resolution Establishing a Public Art Commission
RECOMMENDED ACTION:
Approve the resolution establishing a Public Art Commission and direct staff to place pending
public art projects on future City Council agendas for consideration.
BACKGROUND:
At the June 2, 2021 meeting, the City Council directed staff to bring forward a resolution creating
a new Public Art Commission, defining the Public Art Commission’s responsibilities and duties,
and suspending the Public Art Committee. If the resolution is approved as drafted, it would result
in the immediate suspension of the Public Art Committee and formation of a 5-member Public Art
Commission that meets every other month. Recruitment would begin following adoption of the
resolution with interviews and member appointments tentatively planned for September 2021.
Terms of the new Commission would be staggered in accordance with City Code Section 2-
12.030(c), resulting in: one position with a term of one year, one position with a term of two years,
one position with a term of three years, and two positions with a term of four years.
There will be a roughly 3-month gap before the Commission is officially formed.Once formed,
the Commission will then need to prepare a work plan for City Council consideration. Ongoing
and annual art projects, including #SaratogaROCKS, Paint the City, and Rainy Day Sidewalk
Poetry will be proposed to be included in the new Commission’s work plan.
There are several in progress projects that involve artists who are awaiting a decision from the City
on artwork placement. Given the time needed to recruit the Commission and create a work plan,
staff recommends that these projects be placed on future City Council meeting agendas for
consideration prior to formation of the Public Art Commission. Pending project are described
below:
Shadow Art at Quito Park: This fiscal year, the Public Art Committee has been working
on a shadow art program to paint whimsical designs on the ground to mimic the shadow of
an ordinary object, such as a water fountain. At the May 18, 2021 meeting, the Public Art
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Committee recommended placement of several designs at Quito Park. These conceptswere
prepared by Prospect High School art students.
Courtyard Sculptures: Over the last year, the Public Art Committee has been in
conversation with a local artist about the possibility of leasing 3 busts to be placed in the
City Hall Courtyard where there is currently a water fountain that was donated by Saratoga
Rotary to the City. The Committee considered updated lease terms for the sculptures at the
May 2021 meeting and continued the agenda item without making a recommendation to
the City Council regarding the lease.
Gateway Sculpture: The Public Art Committee also started discussions with an artist
about the potential lease of a sculpture to be placed at the Saratoga Gateway. At the May
2021 meeting, the Committee asked that staff begin working with the artist to identify
potential lease terms.
ATTACHMENTS:
Attachment A – Resolution Establishing a Public Art Commission
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RESOLUTION NO. 21-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING A PUBLIC ART COMMISSION
WHEREAS, the City Council established the City Council Public Art Committee in 2016
and wishes to replace the Public Art Committee with a Public Art Commission comprised of
Saratoga residents; and
WHEREAS, the new Public Art Commission will serve in an advisory capacity to the City
Council on matters related to art and is charged with considering and recommending opportunities
for public art in Saratoga and on City property to the City Council; and
WHEREAS, the Public Art Commission will be comprised of five members in accordance
with requirements outlined in City Code Article 2-12 City Commissions; and
WHEREAS, the Public Art Commission shall be subject to all City policies and State laws
that apply to the operation and administration of City Commissions, including the City of Saratoga
Conflict of Interest Code; and
WHEREAS, the Public Art Commission shall hold regular meetings every other month at
a regular date and time to be determined by the Commission and schedule special meetings as
needed.
NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga hereby
establishes a new Public Art Commission to function in accordance with the provisions of the
attached statement of Responsibilities and Duties and directs staff to conduct recruitment for the
Commission for one position with a term of one year, one position with a term of two years, one
position with a term of three years, and two positions with a term of four years.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16
th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider CMC, City Clerk
264
City of Saratoga Public Art Commission Responsibilities and Duties
Adopted June 16, 2021 via Resolution No. 21-__
CITY OF SARATOGA PUBLIC ART COMMISSION
RESPONSIBILITIES AND DUTIES
Adopted June 16, 2021 via Resolution No. 21-__
I.STRUCTURE
A. Membership. The Public Art Commission of the City of Saratoga shall consist
of five members appointed by the City Council. Members are required to meet
qualifications identified in City Code Section 2-12.020. The first five
Commissioners appointed will be exempted from City Code Section 2-
12.020(a)(3).
B. Term of Office, Vacancies and Removal, Officers. The term of office, vacancies
and removals, and officers of members of the Commission shall be as set forth
in the City Code Section 2-12.020 except that the terms of four Commissioners
initially appointed to the Commission shall be partial terms of one, two, and
three years to ensure that the Commission terms are staggered in accordance
with City Code 2-12.030(c) .
II.ADMINISTRATION
A. Meetings. The Public Art Commission shall hold regular meetings every other
month. The date and time of these meetings shall be approved by vote of the
Commission.
B. Rules of Procedure. The Commission shall in all respects comply with the
requirements for City Commissions as set forth in the City Code and City
Council policies.
C. Compensation. Members of the Commission shall serve without compensation.
When in accord with current City policy and when arranged in advance with
the City Manager, actual and necessary expenses incurred by Commission
members acting in their official capacity shall be reimbursed by the City.
D. Records. The staff liaison of the Commission shall keep a record of all
proceedings, deliberations, findings, determinations, and recommendations of
the Commission. These records shall be available to the public, and copies shall
be filed with the City Clerk.
E. Staff Support. Staff support required by the Commission shall be provided
consistent with City budget authorizations.
III.RESPONSIBILITIES & DUTIES
A. The Commission shall provide counsel and recommendations on public art
policies, budgets, plans, and procedures to the Saratoga City Council.
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City of Saratoga Public Art Commission Responsibilities and Duties
Adopted June 16, 2021 via Resolution No. 21-__
B. As directed by the City Council, evaluate and assess public art projects or
programs and perform such other activities as may be directed by the Saratoga
City Council.
C. The Commission shall maintain communications with the City Council and City
staff on public art-related matters.
D. Provide support and/or advice on events or programs related to City public art.
E. Maintain awareness and knowledge of public art trends and principles.
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SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Public Art Policy
RECOMMENDED ACTION:
Approve the resolution establishing a new Public Art Policy.
BACKGROUND:
At the June 2, 2021 meeting, the City Council directed staff to bring forward a resolution creating
a new Public Art Commission and suspending the Public Art Committee. The current Public Art
Policy was adopted in 2018 and later revised to delegate some of the responsibility for placement
of public art on City property to the Public Art Committee. Consequently, a new Public Art Policy
has been drafted to account for the formation of a new Public Art Commission. If adopted, the
policy would require City Council approval prior to placement of art on City property.
ATTACHMENTS:
Attachment A –Public Art Policy
267
RESOLUTION NO. 21-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
CREATING A NEW THE PUBLIC ART
WHEREAS, the City Council of the City of Saratoga adopted Resolution 21-010
establishing the current Public Art Policy; and
WHEREAS, the City Council has established a Public Art Commission and wishes to
create a new Public Art Policy that reflects creation of this Commission and the City Council’s
expectations for City of Saratoga public art efforts.
NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga hereby
replaces the Public Art Policy adopted by Resolution 21-010 with the attached Public Art Policy
and declares that this resolution shall replace and supersede all prior resolutions, policies, and
understandings relating to the Public Art Policy.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 16th day of June 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, CMC
City Clerk
268
City of Saratoga Public Art Policy (Adopted June 16, 2021 via Resolution 21-__) – Page 1 of 1
CITY OF SARATOGA PUBLIC ART POLICY
Adopted June 16, 2021 via Resolution 21-__
The City Council of the City of Saratoga has approved this policy concerning the placement of
public art or exhibits on City property.
1. Placement of public art or exhibits on City property shall be reviewed by the Public Art
Commission and the recommendation of the Commission shall be presented to the City
Council prior to Council consideration of placement of public art or exhibits on City
property. Placement of public art or exhibits on City property must be approved by a
majority vote of the City Council.
2. The Public Art Commission may recommend City of Saratoga public art programs and
activities for consideration and approval by a majority vote of the City Council.
3. The Public Art Commission shall recommend art on City property and City public art
programs/activities only if they meet the following criteria:
a) Artwork/exhibits do not impede typical uses of the site where they are proposed to be
installed
b) Artwork/exhibits are appropriate in scale, media, and context with the intended display
location
c) Artwork/exhibits do not contain political statements or symbols, religious reference or
symbols, profane or offensive content, graffiti-like style artwork, copyrighted or
trademarked material, or corporate or organizational references, branding, or symbols
d) Artwork/exhibits are suitable for display to a diverse audience, including children, and
should help create a sense of place and community
e) There is evidence of community support for the artwork/exhibit
f) Artwork/exhibits installed outdoors are able to withstand an outdoor environment through
the public display period
g) Artwork/exhibits do not pose a threat to public safety
269
SARATOGA CITY COUNCIL
MEETING DATE:June 16, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Kayla Nakamoto, Administrative Analyst
SUBJECT:Community Event Grant Funding Reallocation Request for Saratoga Area
Senior Coordinating Council (SASCC)
RECOMMENDED ACTION:
Consider the request from the Saratoga Area Senior Coordinating Council (SASCC)to reallocate
$5,000 from the Fiscal Year 2020/21 Secured Funding Community Event Grant Program to
support SASCC’s general operations.
BACKGROUND:
SASCC is one of the recipients of the City’s Community Event Grant Program secured funding
recipients. The Fiscal Year 2020/21 budget includes $5,000 for the SASCC Health Fair. With the
restrictions against large gatherings,staff has received requests from secured funding recipients to
reallocate granted funds to support them during this difficult time. Similarly, SASCC has shared
that they will not be able to plan their annual Health Fair this fiscal year. The Executive Director
of SASCC, Tylor Taylor submitted a letter asking that the City Council consider reallocating their
$5,000 Secured Community Event Grant to be used for their general operations.The City Council
approved a similar request by the Hakone Foundation at their meeting of February 3, 2021.
The request was originally considered at the April 7, 2021 City Council Meeting. At that time, the
City Council agreed to continue the request to a future meeting. The request has been placed on
the June 16, 2021 agenda at the request of Mayor Zhao so it could be considered before the end of
the fiscal year.
ATTACHMENTS:
Attachment A –Funding Reallocation Request Letter
270
www.sascc.org
19655 Allendale Avenue, Saratoga CA 95070 Tax ID 942596228
Saratoga Senior Center
408-868-1257
Saratoga Adult Care Center
License# 430108454
SARATOGA CITY
COUNCIL
Yan Zhao
Mayor
Tina Walia
Vice Mayor
Mary-Lynne Bernald
Kookie Fitzsimmons
Rishi Kumar
SASCC BOARD
OF DIRECTORS
Lisa Oakley
President
Barbara Merrill
Vice President
Kathy Schuda
Secretary
Tina Walia
Manny Cappello
James Lindsay
Renee Paquier
Fabrice Rochich
Rev. Kathleen Crowe
John Morrissey
SASCC EXECUTIVE
DIRECTOR
Tylor Taylor
S ARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC)
P.O. Box 3033, 19655 Allendale Avenue, Saratoga, CA 95070
408-868-1257
www.sascc.org
March 24, 2021
Dear Mayor Zhao and esteemed Council Members,
I’m writing you to request a one-time exception to allow community grant
funds normally allocated to SASCC's annual Health Fair to be used instead to
support SASCC's general operations in order to keep providing services and
socially distanced events.
As you are intimately aware, unfortunately COVID-19 guidelines and
restrictions prevent us from hosting our annual Health Fair this year as well as
shut the doors to our community for in person activities and gatherings.
Our organization is facing unprecedented times and we are doing everything in
our power to remain relevant and in service to the older adults in our
community. We want to be able to continue providing services remotely to the
best of our ability until the time comes we can reopen our doors.
On behalf of our board of directors, our staff, and the senior community we
thank you for considering this request.
Sincerely,
Tylor Taylor
Executive Director
(408) 868-1257
Saratoga Area Senior Coordinating Council
Please remember that your contributions are tax-deductible,
SASCC is a 501(c)(3) nonprofit organization
271