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11-03-2021 Agenda Packet
Saratoga City Council Agenda November 3, 2021 – Page 1 of 6 SARATOGA CITY COUNCIL REGULAR MEETING NOVEMBER 3, 2021 Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19 This meeting will be held entirely by teleconference. All members of the City Council and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local official have recommended social distancing. The purpose of the amendments is 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: • Using the Zoom website https://us02web.zoom.us/j/84613699520 Webinar ID 846 1369 9520 OR • Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above Members of the public can view and participate in the Regular Session of the meeting by: • Using the Zoom website https://us02web.zoom.us/j/89920389533 Webinar ID 899 2038 9533 OR • Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above; OR • Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99) and calling in following the directions above; OR • Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling in following the directions above. 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. 5:30 PM JOINT MEETING Joint Meeting with Saratoga Schools Discussion Topics Saratoga City Council Agenda November 3, 2021 – Page 2 of 6 7:00 PM CITY COUNCIL REGULAR MEETING ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on October 28, 2021. REPORT FROM JOINT MEETING ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS CEREMONIAL ITEMS Commendations for Ping Li and Rick Pearce Recommended Action: Commend Ping Li and Rick Pearce for their service on the Saratoga Parks & Recreation Commission. Staff Report Attachment A - Commendation for Ping Li Attachment B - Commendation for Rick Pearce United Against Hate Week Recommended Action: Proclaim November 14-20, 2021 as United Against Hate Week in the City of Saratoga. Staff Report Attachment A – United Against Hate Week Proclamation Appointment of Public Art Commissioners Recommended Action: Approve the Resolution appointing five members to the Saratoga Public Art Commission and direct the City Clerk to administer the Oaths of Office. Staff Report Attachment A - Resolution Public Art Commission Appointments 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. Saratoga City Council Agenda November 3, 2021 – Page 3 of 6 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the October 20, 2021, City Council Meeting and the October 25, 2021, Study Session. Staff Report Attachment A- Minutes for the October 20, 2021 City Council Meeting Attachment B - Minutes for the October 25, 2021 City Council and Commission Study Session 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 10/20/21 Period 4; 10/27/21 Period 4 Staff Report Check Register 10-20-21 P4 Check Register 10-27-21 P4 1.3. Treasurer’s Report for the Month Ended August 31, 2021 Recommended Action: Review and accept the Treasurer’s Report for the month ended August 31, 2021. Staff Report 2. PUBLIC HEARING Items placed under this section of the Agenda are those defined by law as requiring a special notice and/or a public hearing or those called by the City Council on its own volition. During Public Hearings for appeals, Applicants/Appellants and/or their representatives have a total of ten (10) minutes maximum for opening statements. Members of the public may comment on any item for up to three (3) minutes. The amount of time for public comment may be reduced by the Mayor or by action of the City Council. After public comment, the Applicant/Appellants and/or their representatives have a total of five (5) minutes maximum for closing statements. Items requested for continuance are subject to the City Council’s approval at the Council Meeting. 2.1. Introduction of a Mandatory Organic Waste Disposal Reduction in Compliance with Senate Bill 1383 Recommended Action: Conduct the public hearing, introduce, and waive the first reading of the Mandatory Organic Waste Disposal Reduction Ordinance required by the State of California. Staff Report Attachment A- SB 1383 Implementation Ordinance with Exhibits 1-3 Attachment B- Summary of Article 17.10 Saratoga City Council Agenda November 3, 2021 – Page 4 of 6 2.2. Annual Code Update for 2021 Recommended Action: Conduct the public hearing, introduce and waive the first reading of an ordinance amending City Code sections 1-15.040 (concerning computation of time), 2-05.030 and 15-90.065 (concerning appeals by City Council members); 2-10.080 concerning title of Vice Mayor); 2-12.020, 080 and 2-15.050 (concerning Commissions and Commissioners), 3-10.070 (concerning appeal hearings), 5-25.070 (concerning reporting of transient occupancy tax information); 6-05.050 (concerning review of emergency declarations); 7-30.051 and .060 (concerning leaf blowers); 13-10.040 (concerning the Heritage Preservation Commission); 14-25.080 (concerning parkland dedication); 15-50.070 and 080 (concerning tree removal permits); 15-85.050 (concerning notice of Planning Commission public hearings); 16- 18.025 (concerning automatic sprinklers); and Chapter 14 (correcting cross references to state law), and direct staff to place the matter on the consent calendar for the next regular meeting of the City Council. Staff Report Attachment A - 2021 Annual Code Update Ordinance 3. GENERAL BUSINESS 3.1. Youth Commission Fundraising Plan 2021/22 Recommended Action: Approve the Youth Commission Fundraising Plan 2021/22 to collect small monetary donations at events and seek donations to support Youth Commission activities. Staff Report Attachment A - Fundraising Plan Attachment B - Donation Policy 3.2. Budget Resolution for Emergency Interim Landslide Repair on Mt Eden Road in the Amount of $75,000 and Approval of Contract with Cotton, Shires and Associates, Inc. for Geotechnical Exploration and Slope Inclinometer Monitoring on Mt Eden Road Near Eden Valley Court for a Total Amount of $40,150 Recommended Action: 1. Approve a budget resolution to transfer $75,000 from the Hillside Stability Reserve and establish a new Capital Improvement Project for emergency interim landslide repair on Mt Eden Road. 2. Approve a contract with Cotton, Shires and Associates, Inc. (CSA) for geotechnical exploration and slope inclinometer monitoring at Mt Eden Road near Eden Valley Court, in the amount of $36,500, and authorize the City Manager to execute the same. 3. Authorize staff to execute change orders to the contract up to $3,650. Staff Report Attachment A - Budget Resolution Attachment B - Photos of Road Hazards Attachment C - CSA Mt Eden Road Contract Saratoga City Council Agenda November 3, 2021 – Page 5 of 6 3.3. Community Partner Joint Meeting Presentations Recommended Action: Consider recommendation from the Mayor to request that community partners meeting certain criteria provide the City Council with a summary of services provided over the last year, including total number of people served and the number of Saratoga residents served as part of the annual Joint Meeting or as a special presentation during a Regular Meeting starting in 2022. The criteria to provide the annual report are: 1) have a facility lease or use agreement with the City to provide services; or, 2) receive $25,000 or more to provide services, excluding the Sheriff’s Office. Staff Report 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 Saratoga City Council Agenda November 3, 2021 – Page 6 of 6 COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Britt Avrit, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on October 28, 2021 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 28th day of October 2021 at Saratoga, California. Britt Avrit, MMC, 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 and are available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if you need assistance to participate in this meeting, please contact the City Clerk at bavrit@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] City Council Joint Meeting The City Council Regular Session begins at 7:00 p.m. as a Virtual Meeting. View access information on the agenda at www.saratoga.ca.us/agendacenter JOINT MEETING WITH SARATOGA SCHOOLS November 3, 2021 5:30 p.m. –6:50 p.m. Virtual Meeting General Public Zoom Access: https://us02web.zoom.us/j/84613699520 Webinar ID: 846 1369 9520 Or Dial: 1.408.638.0968 or 1.669.900.6833 and enter Webinar ID (City Council, Saratoga Schools, and City staff will receive separate access information) Discussion Topics Welcoming Remarks Updates from Schools Each district/private school will have 5 minutes to introduce representatives of their organization and share updates. Other Remarks & Wrap Up 6 SARATOGA CITY COUNCIL MEETING DATE:November 3,2021 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Commendations for Ping Li and Rick Pearce RECOMMENDED ACTION: Commend Ping Li and Rick Pearce for their service on the Saratoga Parks & Recreation Commission. BACKGROUND: Ping Li and Rick Pearce have served on the City of Saratoga Parks & Recreation Commission for two full terms beginning in 2013. Both are to be commended for their dedicated service to the City of Saratoga. ATTACHMENTS: Attachment A –Commendation for Ping Li Attachment B –Commendation for Rick Pearce 7 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING PING LI WHEREAS, Ping Li was appointed to the City of Saratoga Parks & Recreation Commission for two full terms starting October 1, 2013 and October 1, 2017 and served as Vice Chair in 2017 and Chair in 2018; and WHEREAS,the Parks and Recreation Commission is dedicated to the planning, acquisition, development, and maintenance of Saratoga’s parks, trails, and other recreation facilities to promote a better living environment; and WHEREAS,during Ping’s term as a Parks & Recreation Commissioner, she and the other Parks & Recreation Commissioners have initiated and coordinated efforts that fostered a stronger sense of community through Saratoga’s parks; and WHEREAS, Ping and the Parks and Recreation Commission helped build community and raise awareness of City parks through the Summer Movie Nights, which brings hundreds of community members together at El Quito Park to enjoy a movie together; and WHEREAS, Ping and the Parks & Recreation Commission created a community vision for Quarry Park by working with residents on development of the Quarry Park Master Plan prior to the opening of the park on October 31, 2015; and WHEREAS, in partnership with the Parks and Recreation Commission, Ping led the Let’s Work! monthly event that started in 2015 to remove invasive species from Quarry Park through a crew of dedicated volunteers and helped prepare for the expansion of trails within the park, including the Saratoga-to-the-Sea Trail; and WHEREAS, Ping and the Parks and Recreation Commission helped transform a City open space affectionately known as “No Name Park” into the City’s newest park, opened in November 2019, and officially named Friendship Park at the recommendation of the Parks and Recreation Commission in honor of the many immigrants that worked on and owned fruit orchards in Saratoga; and WHEREAS,Ping and and the Parks & Recreation Commission partnered with local community member and high schooler, Jason Louie, to create videos of Saratoga parks so residents of all abilities could enjoy the City’s beautiful parks; and WHEREAS,Ping is a dedicated and hardworking member of the community and her service and contributions are greatly appreciated by the City Council, Parks & Recreation Commission, and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby recognize Ping Li for her years of service and dedication to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 3rd day of November 2021. Yan Zhao, Mayor City of Saratoga 8 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING RICK PEARCE WHEREAS, Rick Pearce was appointed to the City of Saratoga Parks & Recreation Commission for two full terms starting October 1, 2013 and October 1, 2017 and served as Chair in 2018 and Vice Chair in 2020; and WHEREAS,the Parks and Recreation Commission is dedicated to the planning, acquisition, development, and maintenance of Saratoga’s parks, trails, and other recreation facilities to promote a better living environment; and WHEREAS,during Rick’s term as a Parks & Recreation Commissioner, he and the other Parks & Recreation Commissioners have initiated and coordinated efforts that fostered a stronger sense of community through Saratoga’s parks; and WHEREAS,Rick and the Parks and Recreation Commission helped build community and raise awareness of City parks through the Summer Movie Nights, which brings hundreds of community members together at El Quito Park to enjoy a movie together; and WHEREAS, Rick and the Parks and Recreation Commission created a community vision for Quarry Park by working with residents on development of the Quarry Park Master Plan prior to the opening of the park on October 31, 2015; and WHEREAS, Rick and the Parks and Recreation Commission also coordinated the Let’s Work! monthly event that started in 2015 to remove invasive species from Quarry Park through a crew of dedicated volunteers and helped prepare for the expansion of trails within the park, including the Saratoga-to-the-Sea Trail; and WHEREAS, Rick and the Parks and Recreation Commission helped transform a City open space affectionately known as “No Name Park” into the City’s newest park, opened in November 2019, and officially named Friendship Park at the recommendation of the Parks and Recreation Commission in honor of the many immigrants that worked on and owned fruit orchards in Saratoga; and WHEREAS,Rick and the Parks & Recreation Commission partnered with local community member and high schooler, Jason Louie, to create videos of Saratoga parks so residents of all abilities could enjoy the City’s beautiful parks; and WHEREAS,Rick is a dedicated and hardworking member of the community and his service and contributions are greatly appreciated by the City Council, Parks & Recreation Commission, and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby recognize Rick Pearce for his years of service and dedication to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 3rd day of November 2021. Yan Zhao, Mayor City of Saratoga 9 SARATOGA CITY COUNCIL MEETING DATE:November 3, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:United Against Hate Week RECOMMENDED ACTION: Proclaim November 14-20, 2021 as United Against Hate Week in the City of Saratoga. BACKGROUND: United Against Hate Week was created in direct response to the rise in expressions of hate observed in communities in the Bay Area. United Against Hate Week is intended to inspire residents and local leaders to take action to reduce intolerance, restore civil discourse, embrace the strength of diversity, and build inclusive and equitable communities. ATTACHMENTS: Attachment A –United Against Hate Week Proclamation 10 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RECOGNIZING NOVEMBER 14-20, 2021 AS UNITED AGAINST HATE WEEK WHEREAS,the United States is a nation of immigrants, whose strength comes from its diversity; and WHEREAS, the Constitution of the United States confers equality on all individuals, regardless of race, gender, orientation, religion, or beliefs; and WHEREAS, United Against Hate Week was created in response to a rise in expressions of hate and a desire to inspire residents and local leaders to reduce intolerance, restore respect and civil discourse, embrace the strength of diversity, and build inclusive and equitable communities for all; and WHEREAS,Saratoga is home to a diverse community comprised of people from all over the world, representing a broad spectrum of beliefs, cultures, religions, races, and abilities; and WHEREAS,in December 2020, the Saratoga City Council adopted Resolution 20-044 to reaffirm that it condemns racially motivated violence and seeks an end to injustice, inequality, and discrimination; and WHEREAS, education, compassion, and cooperation are the key to unlocking understanding and embracing the differences between people; and WHEREAS,it is incumbent upon all community members to help create an inclusive and welcoming environment for all people; and WHEREAS, the City of Saratoga seeks to join other Bay Area communities as well as others across the nation in recognizing United Against Hate Week to continue bridging divisions and strengthening our community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim November 14 – 20, 2021 as United Against Hate Week and urge all community members to stand together against hate, discrimination, and injustice. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 3rd day of November 2021. Yan Zhao, Mayor City of Saratoga 11 SARATOGA CITY COUNCIL MEETING DATE:November 3, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Appointment of Public Art Commissioners RECOMMENDED ACTION: Approve the Resolution appointing five members to the Saratoga Public Art Commission and direct the City Clerk to administer the Oaths of Office. BACKGROUND: Earlier this year, the City opened the recruitment for the Public Art Commission consisting of five members. Seven applications were received,and the applicants were interviewed on October 20, 2021. The City Council selected the following applicants to serve on the Commission: ATTACHMENT: Attachment A -Resolution, Public Art Commission Appointments Name Commission Term Gloria Wu Public Art One-Year Term October 1, 2021-September 30, 2022 James Cai Public Art Two-Year Term October 1, 2021-September 30, 2023 Ramya Vasu Public Art Three-Year Term October 1, 2021-September 30, 2024 Sohini Kar Public Art Four-Year Term October 1, 2021-September 30, 2025 Siana Smith Public Art Four-Year Term October 1, 2021-September 30, 2025 12 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING FIVE MEMBERS TO THE SARATOGA PUBLIC ART COMMISSION WHEREAS, the Public Art Commission was created to provide counsel and recommendations on public art policies, budgets, plans, and procedures to the Saratoga City Council, is comprised of five members; and WHEREAS, the City announced the vacancies, accepted applications and the City Council conducted interviews on October 20, 2021. NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following individuals are appointed to the Public Art Commission with the following terms: Name Commission Term Gloria Wu Public Art One-Year Term October 1, 2021-September 30, 2022 James Cai Public Art Two-Year Term October 1, 2021-September 30, 2023 Ramya Vasu Public Art Three-Year Term October 1, 2021-September 30, 2024 Sohini Kar Public Art Four-Year Term October 1, 2021-September 30, 2025 Siana Smith Public Art Four-Year Term October 1, 2021-September 30, 2025 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 3 rd day of November 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor ATTEST: DATE: Britt Avrit, MMC, City Clerk 13 SARATOGA CITY COUNCIL MEETING DATE:November 3,2021 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the Minutes for the October 20, 2021,City Council Meeting and the October 25, 2021, Study Session. 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 October 20, 2021,City Council Meeting Attachment B –Minutes for the October 25, 2021,Study Session 14 Saratoga City Council Minutes ~ October 20, 2021 ~ Page 1 of 7 MINUTES WEDNESDAY, OCTOBER 20, 2021 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 p.m., the City Council held interviews for the Public Art Commission via teleconferencing through Zoom. Mayor Zhao invited public comment. No one requested to speak. BERNALD/WALIA MOVED TO CONTINUE DELIBERATION UNTIL AFTER THE REGULAR SESSION. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. At 6:02 p.m., the City Council held a Joint Meeting with Saratoga Historical Foundation via teleconferencing through Zoom. Mayor Zhao invited public comment. No one requested to speak. Mayor Zhao called the Regular Session to order at 7:01 p.m. via teleconferencing through Zoom. Prior to Roll Call, the City Clerk explained the City Council meeting was conducted pursuant to State law as recently amended by Assembly Bill 361, which allows the meeting to be conducted entirely by teleconference.The City Council has met all the applicable notice requirements and the public is welcome to participate. All Council Members, staff, and meeting attendees participated by Zoom. Information on how the public can observe the meeting and provide public comment was provided. 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 Britt Avrit, City Clerk Sandra Dalida, Interim Administrative Services Director Debbie Pedro, Community Development Director Nicole Johnson, Senior Planner Kayla Nakamoto, Administrative Analyst (All staff members appearing via teleconference) REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on October 14, 2021. 15 Saratoga City Council Minutes ~ October 20, 2021 ~ Page 2 of 7 REPORT ON JOINT MEETING Annette Stransky, President of Saratoga Historical Foundation discussed the Joint Meeting with the City Council. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS The following individuals spoke at this time: Jaseng Tea - discussed public pickle ball courts. Johnson Chiu - discussed public pickle ball courts. Corinne Vita – supports public pickle ball courts and discussed potential savings to the City and candidates by reducing the candidate statement size in the Voter Information Guide. ANNOUNCEMENTS Mayor Zhao shared information about COVID-19, Housing Element Community Meetings, and the State of the City event. 1.CONSENT CALENDAR Vice Mayor Walia requested that Item 1.3 be removed for separate vote. Mayor Zhao invited public comment on the Consent Calendar. No one requested to speak. 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes from the October 6, 2021, City Council Meeting. BERNALD/FITZSIMMONS MOVED TO APPROVE THE MINUTES FROM THE OCTOBER 6, 2021, CITY COUNCIL MEETING.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 10/06/21 Period 4; 10/13/21 Period 4 BERNALD/FITZSIMMONS MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES:10/06/21 PERIOD 4; 10/13/21 PERIOD 4.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 16 Saratoga City Council Minutes ~ October 20, 2021 ~ Page 3 of 7 1.3. ZOA19-0005- Amendment to the City Zoning Map for 18500 Marshall Lane Recommended Action: Adopt the attached ordinance amending the zoning map for 18500 Marshall Lane. ORDINANCE 381 BERNALD/FITZSIMMONS MOVED TO ADOPT THE ATTACHED ORDINANCE AMENDING THE ZONING MAP FOR 18500 MARSHALL LANE.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, ZHAO: NOES: WALIA. ABSTAIN: NONE. ABSENT: NONE. 1.4. ZOA21-0002 / Nonflammable 5 Foot Landscape Buffer for New Structures in the Wildland Urban Interface (WUI) Area Recommended Action: Adopt the attached ordinance amending Article 15-45 (Single Family Dwelling Design Review) to modify the design review findings regarding landscaping to include a five-foot wide nonflammable buffer around the perimeter of all new structures. ORDINANCE 382 BERNALD/FITZSIMMONS MOVED TO ADOPT THE ATTACHED ORDINANCE AMENDING ARTICLE 15-45 (SINGLE FAMILY DWELLING DESIGN REVIEW) TO MODIFY THE DESIGN REVIEW FINDINGS REGARDING LANDSCAPING TO INCLUDE A FIVE-FOOT WIDE NONFLAMMABLE BUFFER AROUND THE PERIMETER OF ALL NEW STRUCTURES. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.5. Resolution Authorizing Teleconferenced Public Meetings Recommended Action: Adopt the Resolution authorizing teleconferenced public meetings for the City of Saratoga City Council and all City of Saratoga legislative bodies pursuant to Assembly Bill 361. RESOLUTION 21-073 BERNALD/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION AUTHORIZING TELECONFERENCED PUBLIC MEETINGS FOR THE CITY OF SARATOGA CITY COUNCIL AND ALL CITY OF SARATOGA LEGISLATIVE BODIES PURSUANT TO ASSEMBLY BILL 361.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 17 Saratoga City Council Minutes ~ October 20, 2021 ~ Page 4 of 7 1.6. Resolution Appoint City Representatives to the PLAN JPA Board of Directors Recommended Action: Adopt resolution appointing the City Manager as the Primary Representative and the Human Resource Manager as the Alternate Representative to the Pooled Liability Assurance Network Joint Powers Association’s Board of Directors. RESOLUTION 21-074 BERNALD/FITZSIMMONS MOVED TO ADOPT RESOLUTION APPOINTING THE CITY MANAGER AS THE PRIMARY REPRESENTATIVE AND THE HUMAN RESOURCE MANAGER AS THE ALTERNATE REPRESENTATIVE TO THE POOLED LIABILITY ASSURANCE NETWORK JOINT POWERS ASSOCIATION’S BOARD OF DIRECTORS. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.GENERAL BUSINESS 2.1. Automated License Plate Reader Update Recommended Action: Direct staff accordingly. Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Zhao invited public comment on the item. The following individuals spoke on this item: Jason Heimann, Uday Kapoor, John Riggin, Chris Vasquez, Sesh Ramaswami, Art Dana, Corinne Vita, Boris Yendler, Tammany, Martin Goldberg, Dave House, Divya Puri, Jeffrey Schwartz KUMAR/BERNALD MOVED TO DIRECT STAFF TO BRING BACK THE FRAMEWORK OF A PILOT PROGRAM FOR A FINITE TIME FOR FLOCK ALPR CAMERAS THAT WOULD INCLUDE COST AND PLACEMENT LOCATIONS AND A COMPREHENSIVE PLAN TO INTEGRATE EXISTING CAMERAS WITHIN THE CITY TO BE INCLUDED AND CONSIDER POINTS MADE BY THE PUBLIC WHEN CREATING THE FRAMEWORK. WALIA REQUESTED FRIENDLY AMENDMENT TO ADD A BUDGET MAXIMUM OF $25K A YEAR; AMENDMENT FAILED - MAKER OF THE MOTION DID NOT AGREE KUMAR/BERNALD AMENDED THE MOTION TO INCLUDE FIVE CAMERAS FOR ONE YEAR FITZSIMMONS REQUESTED A FRIENDLY AMENDMENT TO CONSIDER DIRECTING STAFF TO ADDRESS ALL SEVEN COMPONENTS LISTED IN THE STAFF REPORT AS PART OF A PILOT PROGRAM 18 Saratoga City Council Minutes ~ October 20, 2021 ~ Page 5 of 7 KUMAR/BERNALD MODIFIED THE ORIGINAL MOTION AS FOLLOWS DIRECT STAFF TO BRING BACK THE FRAMEWORK OF A PILOT PROGRAM FOR ONE YEAR FOR MINIMUM FIVE FLOCK ALPR CAMERAS THAT WOULD INCLUDE COST AND PLACEMENT LOCATIONS AND A COMPREHENSIVE PILOT PLAN TO INCLUDE OTHER COMPONENTS LISTED IN THE STAFF REPORT. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. The Mayor requested a brief recess and reconvened the meeting at 9:36 p.m. 2.2. City Council Support for Proposed Statewide Initiative Regarding Local Land Use Recommended Action: Approve the resolution in support of the proposed statewide initiative regarding local land use referred to as the Californians for Community Planning Initiative by proponents. Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Zhao invited public comment on the item. The following individual spoke on this item: Jeffrey Schwartz RESOLUTION 21-075 WALIA/BERNALD MOVED TO APPROVE THE RESOLUTION IN SUPPORT OF THE PROPOSED STATEWIDE INITIATIVE REGARDING LOCAL LAND USE REFERRED TO AS THE CALIFORNIANS FOR COMMUNITY PLANNING INITIATIVE BY PROPONENTS.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Council Member Mary-Lynne Bernald Hakone Foundation Board & Executive Committee - stated the next meeting is scheduled for October 21, 2021. Santa Clara/Santa Cruz Airport/Community Roundtable – stated at the meeting scheduled for November 11, 2021 she will be requesting that the members of the Roundtable request approval from their respective City Councils to approve the Cities Association’s request to wrap up the fiscal sponsorship with the Cities Association. Council Member Kookie Fitzsimmons Chamber of Commerce – stated businesses in the Village support keeping the parklets in place and a one-year extension will be requested from Caltrans. Council Member Rishi Kumar Nothing to report 19 Saratoga City Council Minutes ~ October 20, 2021 ~ Page 6 of 7 Vice Mayor Tina Walia Silicon Valley Clean Energy Authority Board of Directors –stated Silicon Valley Clean Energy is exceeding clean energy goals, is exceeding state requirements and is set to exceed future requirements; three renewable energy projects have begun. Mayor Yan Zhao Valley Transportation Authority (VTA) Policy Advisory Committee – stated the Committee received a report on ridership and discussed ridership rates compared to Fiscal Year 2020; discussed the proposed transit-oriented development project. CITY COUNCIL ITEMS Council Member Bernald requested the City honor Betty Peck’s 100 th birthday, discussed progress regarding pickle ball and potential park funds to get a designated court. Bernald/Walia requested a future City Council agenda item to consider an ordinance to ban the sale of menthol cigarettes. Zhao/Walia nominated the extension of Joe’s Trail for the CIP project list. COUNCIL COMMUNICATIONS Council Member Kumar discussed San Jose Water Company and suggested people file a protest to the proposed surcharge increase with the PUC. CITY MANAGER'S REPORT The City Manager stated an update regarding pickleball will be provided this week in the newsletter. The City Council resumed the Public Art Commission Interviews item at this time. BERNALD/WALIA MOVED TO APPOINT GLORIA WU TO THE PUBLIC ART COMMISSION FOR A ONE-YEAR TERM ENDING SEPTEMBER 2022. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. BERNALD/WALIA MOVED TO APPOINT JAMES CAI TO THE PUBLIC ART COMMISSION FOR A TWO-YEAR TERM ENDING SEPTEMBER 2023. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. BERNALD/WALIA MOVED TO APPOINT RAMYA VASU TO THE PUBLIC ART COMMISSION FOR A THREE-YEAR TERM ENDING SEPTEMBER 2024. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. BERNALD/WALIA MOVED TO APPOINT SOHINI KAR TO THE PUBLIC ART COMMISSION FOR A FULL-TERM ENDING SEPTEMBER 2025. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 20 Saratoga City Council Minutes ~ October 20, 2021 ~ Page 7 of 7 BERNALD/WALIA MOVED TO APPOINT SIANA SMITH TO THE PUBLIC ART COMMISSION FOR A FULL-TERM ENDING SEPTEMBER 2025 MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE., BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. ADJOURNMENT BERNALD/WALIA MOVED TO ADJOURN THE MEETING AT 10:27 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Britt Avrit, MMC, City Clerk City of Saratoga 21 Saratoga City Council and Commission Study Session Minutes ~ October 25, 2021 ~ Page 1 of 2 MINUTES MONDAY, OCTOBER 25, 2021 SARATOGA CITY COUNCIL/COMMISSION STUDY SESSION At 7:00 p.m., the City Council held a Study Session with the Heritage Preservation Commission, Library & Community Engagement Commission, Parks & Recreation Commission, Pedestrian, Equestrian, & Bicycle Trails Advisory Committee, Planning Commission, Traffic Safety Commission and Youth Commission via teleconferencing through Zoom. AGENDA ITEM City Council / City Commissions Joint Study Session Recommended Action: Review existing policies regarding the City’s Mission Statement, Statement of Values, and the Code of Ethics and Values and direct staff accordingly. James Lindsay, City Manager, presented the agenda item. The City Manager invited public comment on the item. The following individuals spoke on this item: Tylor Taylor BERNALD/FITZSIMMONS MOVED TO CONTINUE TO EXPLORE COMPONENT PARTS OF THE MISSION STATEMENT, ANALYZE OTHER CITIES’ MISSION STATEMENTS AND USE MARKKULA CENTER OR OTHER RESOURCES AND BRING BACK TO THE RETREAT. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. BERNALD MOVED TO CONTINUE TO EXPLORE COMPONENT PARTS OF THE STATEMENT OF VALUES, ANALYZE OTHER CITIES’ STATEMENT OF VALUES AND USE MARKKULA CENTER OR OTHER RESOURCES AND BRING BACK TO THE RETREAT. After further discussion Council Member Bernald put her motion on hold. FITZSIMMONS/BERNALD MOVED TO DIRECT STAFF TO BRING BACK OPTIONS FOR POTENTIAL CITY COMMISSION OR ADVISORY BODY AND OPTIONS TO PROVIDE TRAINING TO THE CITY COUNCIL. After further discussion Council Member Bernald withdrew her second. FITZSIMMONS//BERNALD MOVED TO DIRECT STAFF TO LOOK AT PRACTICES AND MODELS OF OTHER CITIES, RETURN TO THE CITY COUNCIL WITH A RECOMMENDATION ON HOW TO PROCEED, THAT INCLUDES CONSIDERATION OF IDEAS FOR NEXT STEPS AND THEMES BASED ON CONVERSATION, SUGGESTIONS AND RECOMMENDATIONS RECEIVED TONIGHT MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 22 Saratoga City Council and Commission Study Session Minutes ~ October 25, 2021 ~ Page 2 of 2 WALIA/BERNALD MOVED TO DIRECT STAFF TO BRING BACK TO THE CITY COUNCIL RECOMMENDED CHANGES AFTER REVIEWING THE CODE OF ETHICS AND VALUES OF OTHER AGENCIES WITH THE ADDITION OF ANOTHER CLAUSE THAT ADDRESSES DIVERSITY AND INCLUSIVITY FOR THE CODE OF ETHICS AND VALUES MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. WALIA MOVED TO REVIEW THE MISSION STATEMENT, STATEMENT OF VALUES, AND THE CODE OF ETHICS AND VALUES AT THE CITY COUNCIL RETREAT AND CONDUCT A PERIODIC REVIEW WITH THE CITY COUNCIL AND ALL COMMISSIONS. After further discussion Vice Mayor Walia withdrew the motion. ADJOURNMENT FITZSIMMONS/BERNALD MOVED TO ADJOURN THE MEETING AT 9:04 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. Minutes respectfully submitted: Britt Avrit, MMC, City Clerk City of Saratoga 23 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 10/20/2021 144126 144208 44 176,011.69 10/20/2021 10/6/2021 144125 10/27/2021 144209 144243 35 192,162.28 10/27/2021 10/20/2021 144208 Accounts Payable checks issued for $20,000 or greater: Date Check #Dept.Amount 10/20/2021 144195 Riverview Systems Group CIP Facility Project Fund ADM Linda Callon Conference Ctr 36,037.18 10/27/2021 144219 Comp Shared Risk Pool Worker's Comp Fund ADM Worker's Comp Premium Q2 48,725.00 10/27/2021 144221 Golden Bay Construction CIP Street Projects Fund PW Mendelsohn Lane Walkway 60,704.05 10/27/2021 144236 Shute Mihaly & Weinberger General ADM Legal Services-Various 38,169.64 Accounts Payable checks voided during this time period: AP Date Check #Amount 10/27/2021 143943 Pacific Display Lost (Stale Dated)900.00 ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Accounts Payable Accounts Payable SARATOGA CITY COUNCIL MEETING DATE:November 3, 2021 DEPARTMENT:Finance & Administrative Services 10/20/21 Period 4; 10/27/21 Period 4 PREPARED BY: Ending Check # Starting Check #Type of Checks Date Prior Check RegisterChecks ReleasedTotal Checks Amount Reissued CK# 144231 Fund Purpose StatusReason Issued to Issued to 24 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/20/2021 CITY OF SARATOGA VENCHK11 TIME: 17:29:46 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 4/22 FUND FUND TITLE AMOUNT 111 GENERAL FUND 63,510.91 233 SARAHILLS LIGHTING DIST 217.26 244 CUNNINGHAM/GLASGOW LND 10.68 247 KERWIN RANCH LANDSCAPE 390.00 249 MANOR DRIVE LANDSCAPE 312.57 251 MCCARTYSVILLE LANDSCAPE 346.27 252 PRIDES CROSSING LANDSCAPE 2,138.36 253 SARATOGA LEGEND LANDSCAPE 200.00 255 TRICIA WOODS LANDSCAPE 100.00 256 ALLENDALE LANDSCAPE 150.00 257 COVINA LANDSCAPING DIST 105.00 271 BEUACHAMPS L&L 63.23 272 BELLGROVE L&L 673.86 274 HORSESHOE DRIVE L&L 160.61 276 TOLLGATE L&L 114.85 278 WESTBROOK L&L 100.00 279 BROOKVIEW L&L 175.00 292 PARAMOUNT COURT SWD 495.00 411 CIP STREET PROJECTS FUND 2,798.50 412 CIP PARKS PROJECT FUND 19,751.71 413 CIP FACILITY PROJECT FUND 46,037.18 414 CIP ADMIN PROJECTS FUND 1,500.00 612 WORKERS COMP FUND 158.00 623 VEHICLE & EQUIPMENT MAINT 5,215.25 624 BUILDING MAINTENANCE 13,244.10 713 WVCWP AGENCY FUND 18,043.35 TOTAL REPORT 176,011.69 25 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/20/2021 CITY OF SARATOGA VENCHK11 TIME: 17:29:10 CHECK REGISTER ACCOUNTING PERIOD: 4/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144165 11111 10/20/21 234 A T & T 63211 QUITO IRR MODEM LINE 23.40 144165 11111 10/20/21 234 A T & T 63211 TITUS/PRSPCT MED IRR 23.61 144165 11111 10/20/21 234 A T & T 63211 PRSPCT RD FIRE ALARMS 44.43 144165 11111 10/20/21 234 A T & T 63211 HISTORIAL PRK IRRIG 23.61 144165 11111 10/20/21 234 A T & T 63211 SUPERTRUNK 415.76 144165 11111 10/20/21 234 A T & T 63211 BIG BASIN WAY IRRIG 23.61 TOTAL CHECK 554.42 144166 11111 10/20/21 1137 BEAR ELECTRICAL SOLUTIONS 64211 CONDUIT REPAIRS 7,250.00 144166 11111 10/20/21 1137 BEAR ELECTRICAL SOLUTIONS 64535 TRAFFIC SIGNALS MTN 680.00 TOTAL CHECK 7,930.00 144167 11111 10/20/21 641 BKF ENGINEERS 81144 SARA VILLAGE SURVEY 2,576.00 144167 11111 10/20/21 641 BKF ENGINEERS 64549 SEPT 21 COX/MILLER AV 1,840.00 144167 11111 10/20/21 641 BKF ENGINEERS 81143 RR XING FINAL DESIGN 12,580.63 TOTAL CHECK 16,996.63 144168 11111 10/20/21 552 CA DEPARTMENT OF JUSTICE 64161 FINGERPRINT APPS 128.00 144169 11111 10/20/21 692 CBSC 21932 Q1 FY21/22 FEES 853.92 144170 11111 10/20/21 188 CITY OF CAMPBELL 62624 WVCWP 2021/22 OFFICE LEAS 1,854.00 144170 11111 10/20/21 188 CITY OF CAMPBELL 62624 WVCWP 2021/22 OFFICE LEAS 1,854.00 TOTAL CHECK 3,708.00 144171 11111 10/20/21 1023 CONTRACT SWEEPING SERVICE 64531 INTERNAL CORRECTION 19,087.50 144171 11111 10/20/21 1023 CONTRACT SWEEPING SERVICE 64531 INTERNAL CORRECTION -19,087.50 144171 11111 10/20/21 1023 CONTRACT SWEEPING SERVICE 64531 STREET SWEEPER 19,087.50 TOTAL CHECK 19,087.50 144172 11111 10/20/21 1717 DINSMORE LANDSCAPE COMPAN 64541 AZULE PARK 715.00 144172 11111 10/20/21 1717 DINSMORE LANDSCAPE COMPAN 64541 BROOKGLEN PARK 120.00 144172 11111 10/20/21 1717 DINSMORE LANDSCAPE COMPAN 64541 FOOTHILL PARK 191.00 144172 11111 10/20/21 1717 DINSMORE LANDSCAPE COMPAN 64541 GARDINER PARK 191.00 144172 11111 10/20/21 1717 DINSMORE LANDSCAPE COMPAN 64547 PRIDES CROSSING LLA 268.00 144172 11111 10/20/21 1717 DINSMORE LANDSCAPE COMPAN 64543 PROSPECT MEDIANS 417.00 144172 11111 10/20/21 1717 DINSMORE LANDSCAPE COMPAN 64541 RAVENWOOD PARK 120.00 144172 11111 10/20/21 1717 DINSMORE LANDSCAPE COMPAN 64555 TRAIL DOG STATIONS 652.00 TOTAL CHECK 2,674.00 144173 11111 10/20/21 1136 DIVISION OF THE STATE ARC 21931 JUL-SEPT21 SB1186 FEE 188.00 144174 11111 10/20/21 378 EKIM PAINTING - NORTH, IN 64525 REFURBISH WHH TABLE 800.00 144174 11111 10/20/21 378 EKIM PAINTING - NORTH, IN 64529 REPAIR DAMAGED SIDING 950.00 144174 11111 10/20/21 378 EKIM PAINTING - NORTH, IN 81161 LIBRARY EXTERIOR 10,000.00 TOTAL CHECK 11,750.00 144175 11111 10/20/21 421 EWING IRRIGATION 81151 BLANEY IRRIG CONTROL 6,289.08 144176 11111 10/20/21 987 FJM TRUCK AND TRAILER CEN 64611 AUTO REPAIR 1,103.01 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 ALLENDALE AVE MEDIANS 150.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 ALLENDALE/HARLEIGH LLA 150.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 AUSTIN WAY 100.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64541 BEAUCHAMPS PARK 360.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64541 BLANEY PLAZA 300.00 26 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 10/20/2021 CITY OF SARATOGA VENCHK11 TIME: 17:29:10 CHECK REGISTER ACCOUNTING PERIOD: 4/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 BROOKGLEN LLA 175.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 CANYON VIEW/ELVA 45.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64541 CONGRESS SPRINGS PARK 600.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 COVINA LLA 105.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64221 DOWNTOWN LANDSCAPE 700.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64221 DOWNTOWN TRASH 200.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 FREDRICKSBURG LLA 215.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 HORSESHOE LLA 150.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 HWY 9/VICKERY 57.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 KERWIN RANCH LLA 390.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 LEGENDS LLA 200.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64548 LIBRARY 688.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 MCCARTYSVILLE LLA 325.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 PALO OAKS/COX AVE MEDIANS 132.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 PARAMOUNT LLA 495.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64541 PARK TRASH DETAIL 575.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64542 PROSPECT CENTER 600.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 QUITO/MARTHA 150.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 SARATOGA AVE/KOSICH MEDIA 85.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 SEAGRAVES MEDIAN 100.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 TOLLGATE LLA 100.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 TRICIA WOODS LLA 100.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 TRINITY 40.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64547 WESTBROOK LLA 100.00 144177 11111 10/20/21 454 GACHINA LANDSCAPE MANAGEM 64543 WORDEN WAY MEDIANS 88.00 TOTAL CHECK 7,475.00 144178 11111 10/20/21 463 GRAINGER 61133 FACILITIES SUPPLIES 72.76 144179 11111 10/20/21 1608 GREEN HALO SYSTEMS INC. 64323 OCT MTHLY HOSTING 192.00 144180 11111 10/20/21 488 HOME DEPOT CREDIT SERVICE 61341 PARKS-LNDSCP SUPPLY 451.95 144180 11111 10/20/21 488 HOME DEPOT CREDIT SERVICE 64557 PARKS-QUARRY PARK 170.85 144180 11111 10/20/21 488 HOME DEPOT CREDIT SERVICE 68161 PARKS-SMALL PROJ FUND 40.14 144180 11111 10/20/21 488 HOME DEPOT CREDIT SERVICE 61331 STREETS RD MTN SUPPLY 498.56 TOTAL CHECK 1,161.50 144181 11111 10/20/21 472 HT HARVEY & ASSOCIATES 81141 QUITO RD BRIDGES PROJECT 222.50 144182 11111 10/20/21 14 HYDROTEC IRRIGATION EQUIP 64549 MANOR DRIVE LEAK 312.57 144183 11111 10/20/21 500 INTEMPUS 81161 BUS RENEWAL PROGRAM 1,500.00 144184 11111 10/20/21 63 INTERSTATE TRAFFIC CONTRO 61361 SIGNS 217.66 144185 11111 10/20/21 1436 KOFF & ASSOCIATES 64745 WVCWP SALARY AND BENEFIT 487.50 144186 11111 10/20/21 1563 LOGAN & POWELL, LLP 65282 WVCWP LEGAL COUNSEL SERVI 1,552.50 144187 11111 10/20/21 500 MAGGIE HUANG 61116 EMPLOYEE RECOGNITION 67.30 144188 11111 10/20/21 1572 NBBM SERVICES, INC 64551 OCT JANITORIAL SVCS 3,854.40 144188 11111 10/20/21 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,323.00 TOTAL CHECK 5,177.40 144189 11111 10/20/21 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 48.56 27 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 10/20/2021 CITY OF SARATOGA VENCHK11 TIME: 17:29:10 CHECK REGISTER ACCOUNTING PERIOD: 4/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144189 11111 10/20/21 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 21.99 144189 11111 10/20/21 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 45.46 144189 11111 10/20/21 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 20.99 TOTAL CHECK 137.00 144190 11111 10/20/21 918 O'REILLY AUTO PARTS 61361 AUTO PARTS 9.81 144190 11111 10/20/21 918 O'REILLY AUTO PARTS 61361 AUTO PARTS 68.56 144190 11111 10/20/21 918 O'REILLY AUTO PARTS 61361 AUTO PARTS 27.00 TOTAL CHECK 105.37 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 CITY WIDE STREET LIGH 803.71 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 2,706.08 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 AZULE LIGHTING 222.64 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 QUITO LIGHTING 634.81 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 RETROFIT LOAN PROG 653.83 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 BEAUCHAMPS 63.23 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 BELLGROVE CIRCLE 673.86 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 9,388.15 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 CUNNINGHAM/GLASGOW 10.68 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 HORSEHOE DR LNDSCAP 10.61 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 MCARTYSVILLE 21.27 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 918.03 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 PRIDES CROSSING 30.36 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 SARAHILLS LIGHTING 217.26 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 TOLLGATE 14.85 144191 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 TRAFFIC SIGNALS 1,565.83 TOTAL CHECK 17,935.20 144192 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 STREET LIGHT INV PROJ 3,745.18 144193 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 CITY WIDE ST LIGHTS 19.56 144193 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 LIBRARY/LNDSCP LIGHTS 24.64 144193 11111 10/20/21 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 466.29 TOTAL CHECK 510.49 144194 11111 10/20/21 908 PRO DOOR & GLASS 64529 SR CTR KITCHEN LINKS 250.00 144195 11111 10/20/21 1720 RIVERVIEW SYSTEMS GROUP, 81161 LINDA CALLON CONFERENCE R 36,037.18 144196 11111 10/20/21 1 SANTA CLARA COUNTY - DTAC 62325 SEPT CITATIONS 287.50 144197 11111 10/20/21 1633 SANTA CLARA COUNTY FIRE D 64743 WVCWP INSPECTION SVCS 8,368.56 144197 11111 10/20/21 1633 SANTA CLARA COUNTY FIRE D 64743 WVCWP INSPECTION SVCS 3,561.09 144197 11111 10/20/21 1633 SANTA CLARA COUNTY FIRE D 64743 WVCWP INSPECTION SVCS 365.70 TOTAL CHECK 12,295.35 144198 11111 10/20/21 98 SARATOGA CHAMBER OF COMME 68519 MUSIC FEST GRANT PROG 4,213.55 144199 11111 10/20/21 160 SIERRA PACIFIC TURF SUPPL 61341 CSP LANDSCAPE SUPPLY 794.22 144200 11111 10/20/21 236 SOLECTRIC ELECTRICAL 64549 BRIDGE LIGHTS WWP 740.11 144200 11111 10/20/21 236 SOLECTRIC ELECTRICAL 64549 POLE LIGHT REPAIR 440.00 TOTAL CHECK 1,180.11 144201 11111 10/20/21 1690 SOUTHERN COUNTIES LUBRICA 61362 FUEL 3,759.04 28 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 10/20/2021 CITY OF SARATOGA VENCHK11 TIME: 17:29:10 CHECK REGISTER ACCOUNTING PERIOD: 4/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144202 11111 10/20/21 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 158.00 144203 11111 10/20/21 933 TURF & INDUSTRIAL EQUIPME 61341 TRACTOR BATTERY 141.01 144204 11111 10/20/21 402 VISTA LANDSCAPE & MAINTEN 64557 INSTALL 5 POST QUARRY 3,195.00 144205 11111 10/20/21 432 WEST VALLEY COLLECTIONS 62616 CSP BIN 490.44 144206 11111 10/20/21 544 WHEEL WORKS 64611 VEH#142 TIRE REPAIR 30.17 144207 11111 10/20/21 447 ZEE MEDICAL SERVICE 61111 PARKS 81.81 144207 11111 10/20/21 447 ZEE MEDICAL SERVICE 61111 STREETS 81.82 TOTAL CHECK 163.63 144208 11111 10/20/21 889 ZEIGER ENGINEERS INC 81143 HAKONE GARDENS - ELECTRIC 882.00 TOTAL FUND 176,011.69 TOTAL REPORT 176,011.69 29 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/27/2021 CITY OF SARATOGA VENCHK11 TIME: 17:23:37 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 4/22 FUND FUND TITLE AMOUNT 111 GENERAL FUND 66,145.87 411 CIP STREET PROJECTS FUND 60,704.05 414 CIP ADMIN PROJECTS FUND 21.50 612 WORKERS COMP FUND 48,775.00 621 OFFICE SUPPORT 902.78 622 IT SERVICES 5,860.86 624 BUILDING MAINTENANCE 3,768.09 632 IT EQUIPMENT REPLACEMENT 421.88 713 WVCWP AGENCY FUND 5,562.25 TOTAL REPORT 192,162.28 30 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/27/2021 CITY OF SARATOGA VENCHK11 TIME: 17:23:07 CHECK REGISTER ACCOUNTING PERIOD: 4/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144209 11111 10/27/21 1566 A JUSTICE DESIGN 61313 FACILTIES UNIFORMS 199.92 144210 11111 10/27/21 1187 ASSOCIATED SERVICES COMPA 61133 FACILITIES SUPPLIES 162.48 144211 11111 10/27/21 357 BMI IMAGING SYSTEMS 64123 SCANNING 438.29 144212 11111 10/27/21 130 CDW GOVERNMENT 61276 IT SUPPLIES 421.88 144213 11111 10/27/21 188 CITY OF CAMPBELL 62624 WVCWP 2021/22 OFFICE LEAS 1,854.00 144214 11111 10/27/21 517 CITY OF SAN JOSE 64533 TRAFFIC MTN FY20/21 14,757.62 144215 11111 10/27/21 937 CITY OF SARATOGA 65134 WVCWAP JUL-SEP STF SV 3,278.25 144216 11111 10/27/21 1357 COMCAST 63213 COMCAST (PROSPECT) 106.22 144217 11111 10/27/21 991 COMCAST 63213 COMCAST (TV) 47.90 144218 11111 10/27/21 1369 COMCAST CORPORATION 63213 COMCAST(P2P) 676.74 144219 11111 10/27/21 1511 COMP SHARED RISK POOL (SH 67211 WORKER'S COMPENSATION MEM 48,725.00 144220 11111 10/27/21 247 DEPARTMENT OF CONSERVATIO 43476 Q1 SMIP FEES FY21/22 674.50 144220 11111 10/27/21 247 DEPARTMENT OF CONSERVATIO 43477 Q1 SMIP FEES FY21/22 3,584.05 TOTAL CHECK 4,258.55 144221 11111 10/27/21 1723 GOLDEN BAY CONSTRUCTION, 81161 MENDELSOHN LN WALKWY 63,899.00 144221 11111 10/27/21 1723 GOLDEN BAY CONSTRUCTION, 21132 RET HOLD PO#0136 -3,194.95 TOTAL CHECK 60,704.05 144222 11111 10/27/21 1462 JANET COSTA 66131 COMMISSION DINNER EXP 768.45 144223 11111 10/27/21 500 JENNIE LEE 22113 ARB19-0054 3,790.00 144223 11111 10/27/21 500 JENNIE LEE 22111 ARB19-0054 543.62 TOTAL CHECK 4,333.62 144224 11111 10/27/21 1727 JOHN WILEY & SONS INC. 66311 ADVERTISING 495.00 144225 11111 10/27/21 500 JUNJIE WANG 43481 TRP#21-0414 125.00 144226 11111 10/27/21 171 LABOSSIERE, MONICA 61192 WELLNESS GRANT REIMB 50.00 144227 11111 10/27/21 1725 LARRY WALKER ASSOCIATES, 64745 WVCWP STORM WTR PREV 430.00 144228 11111 10/27/21 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 945.00 144228 11111 10/27/21 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,350.00 TOTAL CHECK 2,295.00 144229 11111 10/27/21 1324 READYREFRESH 64614 DRINKING WATER SVC 112.10 144230 11111 10/27/21 500 OSWALDO MORENO 46211 RETAIN DEP-DAMAGE 500.00 144230 11111 10/27/21 500 OSWALDO MORENO 24211 TRANSFER FUNDS -500.00 144230 11111 10/27/21 500 OSWALDO MORENO 24211 RES#34138 REF COM CTR 500.00 TOTAL CHECK 500.00 144231 11111 10/27/21 610 PACIFIC DISPLAY, INC 64537 MTN DNTWN PED LIGHTNG 900.00 31 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 10/27/2021 CITY OF SARATOGA VENCHK11 TIME: 17:23:07 CHECK REGISTER ACCOUNTING PERIOD: 4/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144232 11111 10/27/21 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 159.47 144232 11111 10/27/21 1092 PALACE ART & OFFICE SUPPL 66111 OFFICE SUPPLIES 35.28 144232 11111 10/27/21 1092 PALACE ART & OFFICE SUPPL 66111 OFFICE SUPPLIES 4.23 TOTAL CHECK 198.98 144233 11111 10/27/21 1039 SANCHEZ ELECTRIC, INC. 64523 BOOK GO ROUND REPAIR 990.35 144234 11111 10/27/21 111 SARATOGA HISTORICAL FOUND 63211 PHONE CHARGES 8.24 144235 11111 10/27/21 500 SHERRY HAGEN 24211 RES#35092 FRNSHP HALL 500.00 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65212 ADMIN SVC 277.20 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65213 CDD 2,494.80 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 1,008.00 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65211 CM 5,166.00 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65216 FACILITIES 100.80 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65256 NON-DEP 202.14 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65217 OH/CC MEETINGS 1,587.60 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65273 PC 1,587.60 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65215 PW 10,206.00 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65227 RISK MANAGEMENT 252.00 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65213 CDD 20.40 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65214 CDE 677.80 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65211 CM 505.40 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65216 FACILITIES 53.20 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65215 PW 2,022.30 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65227 RISK MANAGEMENT 798.00 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 22119 RW 3,315.10 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 65223 GENERAL PLAN 2,202.10 144236 11111 10/27/21 154 SHUTE MIHALY & WEINBERGER 22119 SB 35 PROJECT 5,693.20 TOTAL CHECK 38,169.64 144237 11111 10/27/21 500 STEVE CRIMI 43481 TRP#21-0430 125.00 144238 11111 10/27/21 1453 SUPERION, LLC 64312 CENTRALSQUARE FINANCE PLU 5,030.00 144239 11111 10/27/21 500 SUSAN WONG 43481 TRP#21-0410 125.00 144240 11111 10/27/21 1642 TOSHIBA FINANCIAL SERVICE 62612 COPIER LEASE 849.11 144240 11111 10/27/21 1642 TOSHIBA FINANCIAL SERVICE 62612 COPIER MAINTENANCE 53.67 TOTAL CHECK 902.78 144241 11111 10/27/21 1571 WORKTERRA 64163 2018 FSA PLAN OVRDRFT 98.23 144242 11111 10/27/21 500 XUEQIAO XU 43481 TRP#21-0418 125.00 144243 11111 10/27/21 500 YIQUING JIN & YUE MING 43112 AF CIP DOC TECH 1.50 144243 11111 10/27/21 500 YIQUING JIN & YUE MING 43117 AF SOFTWARE TECH 20.00 144243 11111 10/27/21 500 YIQUING JIN & YUE MING 41412 BF SUPP BL PERMIT 34.12 144243 11111 10/27/21 500 YIQUING JIN & YUE MING 43471 BP PLUMB MISC 193.37 TOTAL CHECK 248.99 TOTAL FUND 192,162.28 TOTAL REPORT 192,162.28 32 SARATOGA CITY COUNCIL MEETING DATE: November 3, 2021 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant SUBJECT: Treasurer’s Report for the Month Ended August 31, 2021 RECOMMENDED ACTION: Review and accept the Treasurer’s Report for the month ended August 31, 2021. BACKGROUND: California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. This report is prepared to fulfill this requirement. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL STATEMENT: Cash and Investments Balance by Fund As of August 31, 2021, the City had $1,173,085 in cash deposit at Comerica bank, and $30,092,131on deposit with LAIF. The City Council’s adopted policy on the Working Capital Reserve Fund states that effective July 1, 2016: for cash flow purposes and to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $1,000,000. The total pooled cash balance as of August 31, 2021, is $31,265,216 and exceeds the minimum limit required. City’s Current Financial Position In accordance with California government code section 53646 (b) (3), the City is financially well positioned and able to meet its expenditure requirements for the next six months. As of August 31, 2021, the City’s financial position (Assets $31.7M, Liabilities $4.5M and Fund Equity $27.2M) remains very strong and there are no issues in meeting financial obligations now or in the foreseeable future. Unrestricted Cash Comerica Bank 1,173,085$ Deposit with LAIF 30,092,131$ Total Unrestricted Cash 31,265,216$ Cash Summary 33 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Fund Balance Designations In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions; “committed fund balance”, resources whose use is constrained by limitations the government imposes upon itself through formal action at its highest level of decision making and remains binding unless removed in the same manner; “assigned fund balance”, resources that reflects a government’s intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. ATTACHMENTS A – Change in Total Fund Balances by Fund under GASB 54 B – Change in Total Fund Balances by CIP Project C – Change in Cash Balance by Month D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash 31,265,216$ Plus: Assets 392,441 Less: Liabilities (4,491,599) Ending Fund Balance 27,166,057$ Adjusting Cash to Ending Fund Balance 34 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 *Negative fund balance due to authorized spending of anticipated revenues These figures will be updated for future reports once the FY 2017/18 pendent audit is completed. Fund Description Prior Year Carryforward 7/1/2021 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 8/31/2021 General Fund Restricted Fund Balances: Environmental Services Reserve 63,182 - - - - - 63,182 Committed Fund Balances: Hillside Stability Reserve 1,000,000 - - - - - 1,000,000 Assigned Fund Balances: Future Capital Replacement & Efficiency Project Reserve 2,796,663 - - - - - 2,796,663 Carryforwards Reserve 20,850 - - - - - 20,850 Facility Reserve 3,700,000 - - - - - 3,700,000 Unassigned Fund Balances: Working Capital Reserve 1,000,000 - - - - - 1,000,000 Fiscal Stabilization Reserve 3,150,000 - - - - - 3,150,000 Compensated Absences Reserve 331,481 - - - - - 331,481 Other Unassigned Fund Balance Reserve (Pre YE distribution)3,159,402 3,473,221 1,007,753 3,072,046 - 2,735,131 1,833,199 General Fund Total 15,221,578 3,473,221 1,007,753 3,072,046 - 2,735,131 13,895,375 Special Revenue Landscape/Lighting Districts 872,943 (10,228) 185 23,275 - - 839,625 Debt Service Library Bond 791,385 (708,368) 273 - - - 83,291 Arrowhead Bond 389,618 (775) - 322,894 - - 65,949 Debt Service 1,181,003 (709,143) 273 322,894 - - 149,240 Internal Service Fund Liability/Risk Management 686,985 (520,444) - 6,007 - - 160,534 W orkers Compensation 228,367 (50,811) - 3,553 - - 174,003 Office Support Fund 144,167 (2,023) 1,384 1,209 - - 142,319 Information Technology Services 591,431 (42,855) 1,155 60,518 - - 489,214 Vehicle & Equipment Maintenance 302,006 (5,464) - 20,379 - - 276,163 Building Maintenance 684,329 (26,716) - 53,932 - - 603,681 Vehicle & Equipment Replacement 579,521 - - 377 - - 579,144 Technology Replacement 735,698 - - - - - 735,698 Facility FFE Replacement 673,676 - - - - - 673,676 Internal Service Fund Total 4,626,180 (648,313) 2,539 145,974 - - 3,834,432 Trust/Agency WVCWP Agency Fund 538,025 (35,130) 15,449 54,196 - - 464,148 Trust/Agency Fund Total 538,025 (35,130) 15,449 54,196 - - 464,148 Capital Project Street Projects 2,603,258 (2,761) 35,079 386,791 1,620,000 - 3,868,785 Park and Trail Projects 870,206 - - 62,942 310,131 - 1,117,395 Facility Projects 1,117,176 - - 160,663 80,000 - 1,036,512 Administrative Projects 670,066 6,859 8,602 45,869 725,000 - 1,364,658 Tree Fund Projects 47,639 125 - - - - 47,764 Park In-Lieu Projects 291,309 - - - - - 291,310 CIP Grant Street Projects 64,685 - 90,018 66,324 - - 88,379 CIP Grant Park & Trail Projects 399 - - - - - 399 CIP Grant Administrative Projects (14,573) - - - - - (14,573) * Gas Tax Fund Projects 113,624 79,246 114,408 124,670 - - 182,609 CIP Fund Total 5,763,789 83,469 248,108 847,259 2,735,131 - 7,983,238 Total City 28,203,522 2,153,875 1,274,308 4,465,644 2,735,131 2,735,131 27,166,057 35 ATTACHMENT B FUND BALANCES BY CIP PROJECT budgeted be updated for future reports once. CIP Funds/Projects Prior Year Carryforward 7/1/2021 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 8/31/2021 Street Projects Annual Road Improvements 776,210 (949) 35,079 295,730 - - 514,610 Roadway Safety & Traffic Calming 42,190 - - - 150,000 - 192,190 Citywide Traffic Signal Battery Backup 150,000 - - - 40,000 - 190,000 Portable Radar Feedback Sign - - - - 20,000 - 20,000 Prospect/Saratoga Median Improvement 309,379 - - - - - 309,379 Village Clock 9,486 - - - - - 9,486 Big Basin Way/Blaney Trash Can Replacement - - - - 75,000 - 75,000 Annual Infrastructure Maintenance & Repairs 18,063 - - 30,730 250,000 - 237,333 Guava Court Curb & Gutter Replacement - - - - 280,000 - 280,000 Mendelsohn Lane Pathway Rehabilitation Project - - - - 110,000 - 110,000 Saratoga Village Crosswalk & Sidewalk Rehabilitation 44,000 - - - 45,000 - 89,000 Quito Road Sidewalk Improvements 43,370 - - - - - 43,370 Saratoga/Sunnyvale Road Sidewalk 92,158 - - - - - 92,158 Saratoga Sunnyvale Rd. Pathway Rehab Cox to RRX 110,000 - - - - - 110,000 Quito Road Sidewalk Rehabilitation and Gap Closure - - - 2,100 325,000 - 322,900 Fourth Street Bridge Widening 99,837 - - - - - 99,837 Quito Road Bridge Replacement 136,175 - - - - - 136,175 Quito Road Bridge - ROW Acquisition 6,012 - - 2,350 - - 3,662 Annual Retaining Wall Maintenance & Repairs 151,785 - - - - - 151,785 Mt. Eden Erosion Repair 99,880 - - - 200,000 - 299,880 Continental Circle Landslide Stabilization 122,912 (1,813) - 55,881 125,000 - 190,219 Pierce Road Retainment 391,800 - - - - - 391,800 Total Street Projects 2,603,258 (2,761) 35,079 386,791 1,620,000 - 3,868,785 Parks & Trails Projects Park/Trail Repairs 41,836 - - 62,400 250,000 - 229,436 Hakone Gardens Infrastructure Improvements 5,853 - - - 25,000 - 30,853 Hakone Pond Reconstruction 300,000 - - - - - 300,000 Beauchamps Park Playground Replacement - - - - 35,131 - 35,131 Guava/Fredericksburg Entrance 293,527 - - 542 - - 292,985 Saratoga Village to Quarry Park Walkway - Design 228,989 - - - - - 228,989 Total Parks & Trails Projects 870,206 - - 62,942 310,131 - 1,117,395 Facility Projects Open Work Space - - - - 80,000 - 80,000 Civic Theater Improvements 107,925 - - - - - 107,925 PEG Funded Project 432,116 - - 150,716 - - 281,400 Community Center Improvement 90,779 - - 7,098 - - 83,682 Community Center Generator and EV Charging Stations 471,355 - - 2,850 - - 468,505 Library Building Exterior Maintenance 15,000 - - - - - 15,000 Total Facility Projects 1,117,176 - - 160,663 80,000 - 1,036,512 Administrative and Technology Projects City Website/Intranet 16,948 - - - - - 16,948 Development Technology 66,949 7,715 (6,944) 37,519 - - 30,202 Software Technology Management 43,138 - 15,546 - - - 58,685 LLD Initiation Match Program 25,000 - - - - - 25,000 Horseshoe Beautification 16,775 - - - - - 16,775 Business Renewal Program 15,000 (857) - - - - 14,143 Citywide Accessibility Assessment 34,937 - - - - - 34,937 City Art Program 28,669 - - - 25,000 - 53,669 Safe Routes to School Needs Assessment 13,714 - - 8,350 - 5,364 El Quito Neighborhood Improvements 134,507 - - - 150,000 - 284,507 Parking District ADA Improvements and Rehabilitation - - - - 250,000 - 250,000 Storm Drain Master Plan - - - - 300,000 - 300,000 General Plan Update 216,208 - - - - - 216,208 Wildfire Mitigation Program 4,067 - - - - - 4,067 Risk Management Project Funding 54,153 - - - - - 54,153 Total Administrative and Technology Projects 670,066 6,859 8,602 45,869 725,000 - 1,364,658 36 ATTACHMENT B (Cont.) FUND BALANCES BY CIP PROJECT *Negative fund balance due to authorized spending of anticipated revenues CIP Funds/Projects Prior Year Carryforward 7/1/2021 Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 8/31/2021 Tree Fund Projects Citywide Tree Planting Program 22,889 - - - - - 22,889 Tree Dedication Program 24,750 125 - - - - 24,875 Total Tree Fund Projects 47,639 125 - - - - 47,764 CIP Grant Street Projects Prospect/Saratoga Median Improvement (41,000) - - - - - (41,000) * Citywide Signal Upgrade II 18 - - - - - 18 Saratoga Ave Sidewalk 25,493 - 90,018 66,324 - - 49,187 Village Sidewalk, Curb & Gutter - Phase II Construction 39,909 - - - - - 39,909 Big Basin Way Sidewalk Repairs 9,551 - - - - - 9,551 Saratoga Village Crosswalk & Sidewalk Rehabilitation 3,368 - - - - - 3,368 4th Street Bridge 4,626 - - - - - 4,626 Quito Bridge Replacement 18,596 - - - - - 18,596 Quito Road Bridges - ROW Acquisition 4,124 - - - - - 4,124 Total CIP Grant Street Projects 64,686 - 90,018 66,324 - - 88,379 CIP Grant Park & Trail Projects Saratoga to the Sea Trail - Design 399 - - - - - 399 Total CIP Grant Park & Trail Projects 399 - - - - - 399 CIP Grant Administrative Projects CDD Software/ADA (14,573) - - - - - (14,573) * Total CIP Grant Administrative Projects (14,573) - - - - - (14,573) Park In-Lieu Projects Orchard Irrigation & Tree Planting - - - - 100,000 - 100,000 Hakone Gardens Infrastructure 82,420 - - - - - 82,420 Beauchamps Park Playground Replacement - - - - 10,079 - 10,079 Trail Pet Stations - - - - 25,000 - 25,000 Saratoga Village to Quarry Park Walkway - Design 73,811 - - - - 73,811 Unallocated Park In-Lieu Funds 135,079 - - - (135,079) - - Total Park In-Lieu Projects 291,310 - - - - - 291,310 Gas Tax Fund Projects Annual Roadway Improvements 58,261 79,246 114,408 124,670 - - 127,246 Prospect/Saratoga Median Improvements 48,278 - - - - - 48,278 Quito Road Bridges 7,085 - - - - - 7,085 Total Gas Tax Fund Projects 113,624 79,246 114,408 124,670 - - 182,609 Total CIP Funds 5,763,790 83,469 248,108 847,259 2,735,131 - 7,983,238 37 ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH 38 ATTACHMENT D March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 2013 0.28 0.24 0.26 0.26 2014 0.24 0.22 0.24 0.25 2015 0.26 0.28 0.32 0.37 2016 0.46 0.55 0.60 0.68 2017 0.78 0.92 1.07 1.20 2018 1.51 1.90 2.16 2.40 2019 2.55 2.57 2.45 2.29 2020 2.03 1.36 0.84 0.63 2021 0.44 0.33 0.24 Quarterly Apportionment Rates Local Agency Investment Fund 39 SARATOGA CITY COUNCIL MEETING DATE:November 3, 2021 DEPARTMENT:Public Works Department PREPARED BY:M. Leah Cabute, Environmental Programs Manager SUBJECT:Introduction of a Mandatory Organic Waste Disposal Reduction Ordinance in Compliance with Senate Bill 1383 RECOMMENDED ACTION: Conduct the public hearing, introduce, and waive the first reading of the Mandatory Organic Waste Disposal Reduction Ordinance required by the State of California. BACKGROUND: At the March 17,2021 City Council meeting, City staff and the Executive Director of the West Valley Solid Waste Management Authority presented information regarding organics recycling as required by Senate Bill 1383. The State passed Senate Bill 1383 (SB1383)in 2016 to reduce organic waste disposal by 75% and increase edible food recovery by 20% by 2025. SB 1383 also requires all businesses, residents, and multi-family apartments to have access to recycling programs that capture food scraps and landscaping waste, among other organic waste materials. Under this law,jurisdictions must provide organics recycling service to nearly all residents and businesses.Jurisdictions must also develop or expand existing organic collection systems in all sectors and plan for adequate organic processing. Additionally, jurisdictions must implement other requirements, such as contamination monitoring, record keeping, and reporting. As directed by SB 1383, the California Department of Resources Recycling and Recovery (CalRecyle)developed prescriptive regulations to achieve the State’s goals.The regulations comprise of 127 pages and place requirements on multiple entities including cities, counties, special districts, residential households, commercial businesses, business owners, multi-family property owners or managers, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets. The SB 1383 Regulations require cities, counties and special districts that provide Solid Waste collection services to adopt and enforce an ordinance or an enforceable mechanism to implement relevant provisions of the regulations. 40 Staff has prepared the attached ordinance (Attachment A) to comply with this requirement. The language in the new ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. The SB 1383 Regulations include separaterequirementsfor procurement of materials, such as a specified amount of compost or other material recovered from organic waste processing and procurement of recycled content paper. These separate requirements can be satisfied without action by the City Council. The ordinance has the following three exhibits: Exhibit 1 makes changes to the existing Saratoga Municipal Code Article 7-05- Garbage Disposal to reflect the fact that solid waste collection in Saratoga is handled by the West Valley Solid Waste Management Authority. Exhibit 2adds a new Article to the Sustainability Chapter of the City Code; this new Article 17-10 includes all the provisions that the SB 1383 Regulations require for local ordinances. Exhibit 3 contains conforming amendments for the City Code, repealing provisions that are no longer applicable in light of the new approach required by the State. Staff prepared a summary of Article 17-10, which can be found in Attachment B. Saratoga is a member of the West Valley Solid Waste Management Authority (WVSWMA), a joint powers agency providing solid waste management services to Saratoga, Campbell, Los Gatos and Monte Sereno through a franchise agreement with an exclusive hauler, West Valley Collection & Recycling (WVC&R). Staff expects that WVSWMA will be administering and enforcing this ordinance on behalf of the City, however, the City of Saratoga remains responsible for compliance with the SB 1383 Regulations. Staff recommends that the City Council adopt the ordinance to comply with state requirements. While SB 1383 does not provide funding reimbursements to the City, its member agencies, the WVSWMA, and WVC&R customers for the increased costs associated with implementing the state-mandated programs, the legislation specifically authorizes local jurisdictions to charge and collect fees to recover costs incurred by complying with the regulations. Solid waste rates increased in each of the member agencies in July 2021 to account for SB 1383 requirements. Another rate increase is anticipated in July 2022. Additional increases may occur over a period of several years and shall be determined by the WVSWMA Board. ATTACHMENT: Attachment A-SB1383 Implementation Ordinance with Exhibits 1-3 Attachment B- Summary of Article 17-10 Staff Report- SB1383 Draft Ordinance 11.03.2021(1432589.1).docx 41 Mandatory Organic Waste Disposal Reduction- Page 1 ORDINANCE NO. _____ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING A MANDATORY ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE IN COMPLIANCE WITH SENATE BILL 1383 The City Council of the City of Saratoga finds that: 1. Pursuant to Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, the State of California has adopted regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, counties, special districts, residential households, Commercial Businesses and business owners, Multi-Family property owners or managers, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets. 2. The Senate Bill 1383 Regulations require cities, counties, and special districts that provide Solid Waste collection services jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of the regulations. The ordinance adopting this Article satisfies that requirement and will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. 3. Saratoga is a member of the West Valley Solid Waste Management Authority (WVSWMA), a joint powers agency providing solid waste management services to Saratoga, Campbell, Los Gatos, and Monte Sereno through a franchise agreement with an exclusive hauler. WVSWMA will be administering and enforcing this ordinance on behalf of the City although the City remains ultimately responsible for compliance with the SB 1383 Regulations. 4. The City Council of the City of Saratoga held a duly noticed public hearing on November 3, 2021, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. Therefore, the City Council of the City of Saratoga hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is hereby amended as follows: A. Article 7-05 (“Garbage Disposal”) is amended as set forth in Attachment 1. 42 Mandatory Organic Waste Disposal Reduction- Page 2 B. Article 17.10 (“Mandatory Organic Waste Disposal Reduction”) is adopted as set forth in Attachment 2. C. Conforming amendments to various provisions of the Code are made as set forth in Attachment 3. Section 2. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. - Continued on next page – 43 Mandatory Organic Waste Disposal Reduction- Page 3 Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 3rd day of November, 2021 and was adopted by the following vote on November 17, 2021. COUNCIL MEMBERS: AYES: NOES: ABSENT: ABSTAIN: SIGNED: Yan Zhao MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Britt Avrit CITY CLERK APPROVED AS TO FORM: DATE: Richard Taylor CITY ATTORNEY 44 Draft – 10/20/21 MOWDR Ordinance Attachment 1 – Page 1 Exhibit 1 Amendments to Saratoga Municipal Code Article 7-05 – Garbage Disposal The provisions of Saratoga Municipal Code Article 7-05 set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (example). Text in italics is explanatory and is not an amendment to the Code except in cases where it directs renumbering of subsections not otherwise amended. Article 7-05 DISCARDED MATERIAL GARBAGE DISPOSAL 7-05.010 Purpose of Article. This Article is determined and declared to be a health, sanitary and safety measure necessary for the promotion, protection and preservation of the health, safety and general welfare of the people of the City. 7-05.020 Definitions. For the purposes of this Article, the terms used in this Article shall have the meanings set forth in Article 17-10following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise. : (a) Commercial premises means all premises except residential premises. (b) Delinquent means a failure of the recipient of garbage collection service, or of the owner, to pay when due all charges owed to the Garbage Collector for garbage collection service rendered or to be rendered or made available. (c) Director means the Community Services Director and his duly authorized agents and representatives. (d) Dwelling means a residence, flat, duplex, apartment, townhouse, condominium or other facility used for housing one or more persons. (e) Garbage means all kinds and classes of decomposable and nondecomposable solid, semi-solid and liquid waste material, including, but not restricted to, animal or vegetable matter, paper, cardboard, grass cuttings, tree or shrub trimmings, wood, glass, mineral or metallic substances, rock, demolished or discarded building materials and commercial or industrial waste products, but not including domestic sewage or hazardous wastes. (f) Garbage Collector means any person who is authorized by the franchise agreement existing between him and the City, in accordance with Section 7-05.110, to collect, receive, carry, transport, and dispose of any garbage produced, kept or accumulated within the City. 45 Draft – 10/20/21 MOWDR Ordinance Attachment 1 – Page 2 (g) Garbage collection service means the collection, transportation and disposal of garbage by an authorized Garbage Collector. (h) Hazardous wastes means any and all toxic, radioactive, biologically infectious, explosive or flammable waste materials, including any material defined in Chapter 8 of this Code for which a hazardous materials storage permit is required. (i) Multiple-unit dwelling means any premises, excluding a hotel, motel, or lodging house, used for residential purposes containing more than one dwelling unit, irrespective of whether the residency is transient, temporary or permanent. (j) Occupancy, occupied. A premises is "occupied" when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods when garbage collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that gas, electric, telephone and water utility services were not being provided to the premises during such periods. (k) Owner means the holder or holders of legal title to the real property constituting the premises to which garbage collection service is provided or made available. (l) Premises means any land, building or structure, or portion thereof, within the City where any garbage is produced, kept, deposited, placed or accumulated. (m) Residential premises means any single-unit dwelling or multiple-unit dwelling. (n) Single-unit dwelling means one or more rooms and a single kitchen, designed for occupancy by one family for residential purposes. Each dwelling unit within a condominium project, duplex, townhouse project or apartment, and each accessory dwelling unit, as defined in Section 15-06.240, shall constitute a separate single-unit dwelling to which garbage collection service is provided or made available, unless the owner or occupants thereof arrange for garbage collection service to be provided to all dwelling units upon the premises at commercial rates. (o) Tenant means any person or persons, other than the owner, occupying or in possession of a premises. 7-05.030 Mandatory Discarded Material garbage collection service; owner responsibility. All residents, property owners, and businesses shall comply with the Mandatory Organic Waste Disposal Reduction ordinance set forth in Article 17-10. (a) The owner of each occupied residential or commercial premises shall subscribe to and pay for at least the minimum level of garbage collection service made available to that premises by the Garbage Collector, as specified in the franchise agreement between the City and the Garbage Collector executed pursuant to Section 7-05.110. The charges for garbage collection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any garbage to be collected on any particular collection date during such occupancy. Nothing in this Section is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for garbage collection service are made by a tenant or tenants, or any 46 Draft – 10/20/21 MOWDR Ordinance Attachment 1 – Page 3 agent or other person, on behalf of the owner. However, any such arrangement will not affect the owner's obligation to pay for garbage collection service as provided herein. (b) The mandatory requirement for garbage collection service set forth in Paragraph (a) of this Section shall apply only with respect to garbage collection services rendered or made available by the Garbage Collector prior to September 1, 1986. From and after said date, subscription to garbage collection services rendered or made available by the Garbage Collector shall be at the option of the owner or occupant of the premises, except that such owner or occupant shall still remain subject to the provisions of this Article concerning the accumulation and disposal of garbage. 7-05.050 040 Frequency of disposal. No more than one week's accumulation of garbage Discarded Materials shall be kept or permitted to remain upon any premises in the City. At least once a week, all Discarded Materials garbage produced, kept, deposited, placed or accumulated upon any premises in the City shall be disposed of in accordance with the provisions of this Article 17-10. 7-05.060 Method of garbage disposal. All garbage shall be disposed of by delivery to the Garbage Collector, or in the case of recyclable materials, by delivery to any recycle center operated by or under the auspices of the City, or disposed of in such other manner acceptable to the City. Each container of garbage to be delivered to the Garbage Collector shall be located in such place as to be readily accessible for the removal and emptying of the contents of same by the Garbage Collector. 7-05.070050 Garbage Discarded Material containers. (a) All garbage Discarded Material containers shall be kept in a sanitary condition, continuously closed with a tight fitting cover. (b) Garbage containers for residential premises being serviced by the Garbage Collector shall not exceed thirty-two gallons capacity and shall not have a filled weight in excess of seventy pounds, except for those containers furnished by the Garbage Collector. Garbage containers for commercial premises being serviced by the Garbage Collector shall be provided by or approved by the Garbage Collector. (c) No garbage containers shall be placed at curbside or other location visible to the public prior to 12:00 noon on the day preceding the day on which garbage is the contents of the container are is scheduled to be picked up by the Garbage Collector, and all garbage containers shall be removed from the curbside or other location visible to the public not later than 12:00 noon on the day following the day on which the contents of the container has been picked up by the Garbage Collector Exclusive Hauler. (dc) Except during the period of time specified in Paragraph (cb) of this Section, no garbage containers may be placed, kept or stored within any front yard or exterior side yard and all garbage containers shall be fully screened from public view by a structure, fence, wall or landscaping. 47 Draft – 10/20/21 MOWDR Ordinance Attachment 1 – Page 4 7-05.080 Inadequate containers. If the Director shall find and determine that additional or larger garbage containers are required due to the amount of garbage produced, kept, deposited, placed or accumulated upon any premises, the Director shall give written notice of such finding to the owner of the premises and such owner shall thereupon provide the additional or larger containers as specified in the notice. 7-05.090060 Burning solid waste. No solid waste material Discarded Materials may be burned upon any premises within the City, except as specifically authorized by a permit issued by the Bay Area Air Pollution Control District and as permitted by the chief of the fire district within which the premises is located. 7-05.100070 Public property. No person shall deposit, accumulate, store or burn any type of garbage Discarded Materials upon public streets, public parks or other public property, except for garbage as produced incident to the authorized use of such public property which shall be deposited in garbage designated containers for collection pick up by the Garbage Collector. 7-05.110 Franchise agreement for garbage collection service. The City Council may by resolution award a franchise to any person the Council believes is qualified and equipped to perform garbage collection service. Such franchise agreement shall require the Garbage Collector to render service to all residential and commercial premises within the City in accordance with the provisions of this Article and in conformity with such regulations as may be adopted by the Director with the approval of the City Council. The Garbage Collector shall be required to furnish a surety bond in the penal sum of one hundred thousand dollars, conditioned upon his faithful performance of the franchise agreement, and to maintain in full force and effect, during the entire term of the franchise, liability and other insurance coverage as required under the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Additional terms of such franchise agreement shall not conflict with any of the provisions of this Article. 7-05.120 Charges for garbage collection service. The City Council reserves the right to establish by resolution a schedule of rates and charges for all levels of garbage collection service to be rendered by the Garbage Collector, who shall then have authority to collect such rates and charges. The schedule may be changed from time to time in the manner prescribed by the franchise agreement between the City and the Garbage Collector. 7-05.130 Failure to pay for garbage collection service. The Garbage Collector shall be entitled to payment from either the owner or the recipient of garbage collection service for any services rendered or to be rendered or made available. Upon failure to make such payment for services rendered or made available prior to June 1, 1986, the means of collecting delinquent charges shall be in accordance with the procedure set forth in Sections 7-05.140 through 7-05.270 of this Article. Upon failure to make such payment for services rendered from and after June 1, 1986, the Garbage Collector may terminate service in 48 Draft – 10/20/21 MOWDR Ordinance Attachment 1 – Page 5 accordance with Section 7-05.272 of this Article. If a bill for garbage collection service remains delinquent for thirty days, the Garbage Collector shall be entitled to collect a late charge in such amount as approved by the City Council. 7-05.140 Notification of delinquency. If a bill for garbage collection service rendered or made available prior to June 1, 1986 remains delinquent for thirty days, the Garbage Collector may, at any time after such thirty day period, send or deliver notice of delinquency to the owner indicating the amount owed for garbage collection service, the amount of late charge thereon, and advising the owner that failure to pay the same will result in the placement of a lien upon the premises. The form of delinquency notice shall be approved by the Director. 7-05.150 Assignment of delinquent account. In the event the bill for garbage collection service rendered or made available prior to June 1, 1986, together with any late charge thereon, is not paid within thirty days after the date of mailing the notice of delinquency to the owner as described in Section 7-05.140, the Garbage Collector may assign such bill to the City for collection through the initiation of lien and special assessment proceedings in accordance with this Article. The assignment shall include the name and address of the owner, the period of garbage collection service covered by the bill, the amount owed for such service, the amount of any late charge and such other information as reasonably requested by the Director, together with a copy of the notice of delinquency mailed or delivered to the owner. 7-05.160 Lien initiation. Upon the City's receipt of the assignment from the Garbage Collector pursuant to Section 7- 05.150, the Director shall prepare a report of delinquency and initiate proceedings to create a lien on the premises to which the garbage collection service was rendered or made available. The Director shall fix a time, date and place for an administrative hearing by the Director to consider any objections or protests to his report. Such administrative hearings may be conducted four times per year. 7-05.170 Notice of hearings on liens. The Director shall send written notice of the administrative hearing to the owner of the premises against which the lien will be imposed at least ten days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll available to the City on the date the notice is mailed, at the address shown on said assessment roll or as known to the Director. A copy of the notice shall also be mailed to the Garbage Collector. Said notice shall set forth the amount of delinquent garbage collection service charges, the amount of any late charge thereon, and the possible lien and administrative charges as provided in Section 7-05.200 of this Article. Said notice shall also inform the owner of the time, date and place of the administrative hearing and the subsequent public hearing to be conducted by the City Council, and advise the owner of his right to appear at both the administrative hearing and the public hearing to state his objections to the report or the proposed lien. 49 Draft – 10/20/21 MOWDR Ordinance Attachment 1 – Page 6 7-05.180 Administrative hearing on liens. At the time and place fixed for the administrative hearing, the Director shall hear and consider any objections or protests to his report. The Director may correct or modify the report as he deems appropriate, based upon the evidence presented at the hearing, and shall notify the affected persons of his decision. The Director shall thereupon submit a final report to the City Council for confirmation and shall furnish a copy of such report to the Garbage Collector. -05.190 Public hearing on liens. The City Council shall conduct a public hearing to consider the Director's final report at the time and place set forth in Notice described in Section 7-05.170. At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the report, or any portion thereof, should not be confirmed. The City Council may adopt, revise, reduce or cancel any charge shown on the report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the City Council is satisfied with the final reports rendered or modified, the Council shall confirm such report by resolution. The decision by the City Council on the report and any objections or protests thereto shall be final and conclusive. 7-05.200 Recording of lien. Upon confirmation by the City Council of the final report, the Director shall cause to be recorded in the Office of the County Recorder, a lien against each premises described in the report for the amount of delinquent garbage collection service charges and late charges as confirmed by the City Council. The lien shall also include such additional administrative charges as established by resolution of the City Council. All persons to whom notice was sent pursuant to Section 7-05.170 shall be notified by the Director that the service charges, late charges and administrative charges are due and payable to the City and that said lien has been recorded. 7-05.210 Collection of delinquent charges as special assessment. The Director shall initiate annual proceedings to levy as a special assessment against the premises described in the lien recorded pursuant to Section 7-05.200, the sum of delinquent garbage collection service charges, late charges and administrative charges, plus an assessment charge as established by resolution of the City Council. 7-05.220 Report of delinquent charges for special assessment. A report of delinquent charges shall be prepared by the Director and submitted to the City Council for confirmation. The report shall indicate all charges for which a lien has been recorded pursuant to Section 7-05.200, which remain unpaid as of the date of the report. The Director shall fix a time, date and place for the conduct of a public hearing by the City Council to consider the report and any objections or protests thereto. 7-05.230 Notice of public hearing on special assessments. The Director shall send written notice of the public hearing to the owner of the premises against which the special assessment will be levied at least ten days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll available to the City on the date the notice is mailed, at the address shown on 50 Draft – 10/20/21 MOWDR Ordinance Attachment 1 – Page 7 said assessment roll or as known to the Director. A copy of the notice shall also be mailed to the Garbage Collector. The notice shall set forth the time, date and place of the public hearing and inform the owner of the City's intention to levy a special assessment against his property and his right to appear and state any objections or protests to such special assessment. 7-05.240 Public hearing on special assessments. The City Council shall conduct a public hearing to consider the Director's report at the time and place set forth in the notice described in Section 7-05.230. At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the report, or any portion thereof, should not be confirmed. The City Council may adopt, revise, reduce or cancel any charge shown on the report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the City Council is satisfied with the report as rendered or modified, the Council shall confirm such report by resolution. The decision by the City Council on the report and any objections or protests thereto shall be final and conclusive. 7-05.250 Levy of special assessments. Upon confirmation by the City Council of the Director's report as rendered or modified, the delinquent charges contained therein shall constitute a special assessment levied upon the premises against which such charges have been imposed. The Director shall file a copy of the report, together with a certified copy of the resolution by the City Council confirming the same, with the Tax Collector for the County with instructions to enter the delinquent charges as special assessments against the respective premises described in the Director's report. The Tax Collector shall include such special assessment on the next regular bill for secured property taxes sent to the owner. 7-05.260 Collection of special assessment. The special assessment shall be collected at the same time together with and in the same manner and frequency and by the same persons as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The special assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except those for State, County and municipal taxes, with which it shall be upon parity. Each special assessment shall continue until all delinquent charges due and payable thereon are paid in full. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. 7-05.270 Continuing appropriation account. There is hereby created in the general fund a continuing appropriation account entitled "Payment of Delinquent Charges For Garbage Collection Service." This account shall be credited with such sums as may be appropriated by the City Council, all delinquent service charges, late charges and administrative charges collected by the Director, and all amounts remitted by the County Tax Collector representing special assessments collected pursuant to Section 7-05.260. The delinquent garbage collection service charges and late charges shall be disbursed from said account to the Garbage Collector promptly upon receipt of such payments. The administrative charges and assessment charges shall be retained by the City. 51 Draft – 10/20/21 MOWDR Ordinance Attachment 1 – Page 8 7-05.271 Security deposit. (a) From and after September 1, 1986, the Garbage Collector shall not be obligated to commence garbage collection service for a new customer or account, or reinstate garbage collection service upon payment of a delinquent account, until the Garbage Collector has received from the customer a security deposit in an amount equal to the charges that will accrue during a single quarterly billing cycle for the type and level of service requested by the customer, based upon the rates and charges established by the Garbage Collector and approved by the City as of the time the security deposit is collected. (b) Upon any nonpayment of garbage collection charges by a customer from whom a security deposit has been collected, the Garbage Collector may apply such deposit toward payment of the delinquent charges. The Garbage Collector shall thereupon give written notice of such action to the customer which shall include a demand for the security deposit, or such portion thereof as may have been utilized for payment of the delinquent charges, to be restored to its original amount within fifteen days from delivery of the notice. If the customer fails to restore the security deposit within the time prescribed in the notice, the Garbage Collector may terminate the garbage collection service for such customer pursuant to Section 7-05.272 of this Article. (c) The security deposit collected pursuant to this Section shall be refunded, without interest, to the customer or the person legally entitled thereto under either of the following circumstances: (1) Cancellation of garbage collection service by the customer, with all charges owed to the Garbage Collector for services rendered to the date of cancellation having been paid in full; or (2) The expiration of one year from the date the security deposit was collected if, during such year, no delinquency has occurred in payment of the charges owed to the Garbage Collector. 7-05.272 Termination and reinstatement of garbage collection service. (a) The Garbage Collector may terminate garbage collection service in the event any charges owed to the Garbage Collector for services rendered or to be rendered from and after June 1, 1986 are not paid within thirty days after the same become due. At least fifteen days prior written notice of termination shall be given by the Garbage Collector to the customer shown on its books and records. (b) The customer whose garbage collection service has been terminated pursuant to Paragraph (a) of this Section may reinstate such service by payment to the Garbage Collector of all delinquent charges and late charges thereon owed by such customer, plus a reinstatement fee in an amount specified in the franchise agreement between the Garbage Collector and the City. Such payment shall be accompanied by a security deposit to be held by the Garbage Collector, as provided in Section 7-05.271 of this Article. (c) The Garbage Collector shall not terminate or refuse to provide garbage collection service rendered or to be rendered for any premises unless the customer utilizing or requesting the service is the same customer who has failed to pay the delinquent charges constituting the basis for the termination or refusal to provide service. 52 Draft – 10/20/21 MOWDR Ordinance Attachment 1 – Page 9 7-05.280 Recycle centers. The City may operate one or more centers for the collection of recyclable materials or may enter into a contract with a private party to operate such centers. The City may contract with the same Garbage Collector awarded the franchise for garbage collection service or with any other party for the processing and transportation of the recyclable material collected at a recycle center. The City Council may, from time to time by resolution or order, designate what material shall be deemed recyclable and which may therefore be disposed of by delivery to a recycle center. 7-05.290080 Unauthorized garbage collection of Discarded Material . No person shall collect any garbage Discarded Material produced, kept or accumulated within the City, unless such person is an agent or employee of the City acting within the course and scope of his employment, or is the Exclusive Hauler has been awarded a franchise by the City to act as Garbage Collector. 7-05.300 090 Interfering with garbage collection service of Discarded Material . No person shall, in any manner, interfere with the performance of garbage Discarded Material collection services being rendered by an agent or employee of the City acting within the course and scope of his employment, or being rendered by the authorized Garbage Collector Exclusive Hauler. The performance of Performing or retaining a third party to perform any such garbage collection service by a person who is not the authorized Garbage Collector shall constitute a violation of this Section. 7-05.310 100Unauthorized deposit of garbage Discarded Material . (a) It shall be unlawful to deposit, place or accumulate, or allow the deposit, placement or accumulation upon a premises for pick up by the Exclusive Hauler Garbage Collector, any garbage Discarded Material produced from another premises where such action results in the avoidance or reduction of any garbage collection service charges that would otherwise be payable for collection of such garbage Discarded Material from the premises at which it was produced. (b) It shall be unlawful to deposit or place any garbage Discarded Material into a garbage can, bin, container or dumpster for pick up by the Garbage Collector Exclusive Hauler, without permission to do so from the person owning, renting or otherwise entitled to use such garbage receptacle. (c) It shall be unlawful to deposit or place any garbage Discarded Material upon any public or private premises without permission to do so from the owner or legal occupant of such premises. 7-05.320110 Violations of Article; infraction offense. The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 3 and Article 17-10 of this Code. - End of Attachment 1 - 53 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 1 Exhibit 2 Adoption of Article 17.10 to the Saratoga Municipal Code Article 17-10 Mandatory Organic Waste Disposal Reduction 7-10.05 Purpose of Article (a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their city to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. (b) State recycling law, Assembly Bill 341 of 2011 (amending Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and adopting Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on Commercial and Multi-Family property owners to arrange for recycling services and on local governments to implement a Commercial and Multi-Family Solid Waste recycling program. (c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires Commercial Businesses and Multi-Family property owners or managers that generate a specified threshold amount of Organic Waste per week to arrange for recycling services for that Organic Waste; requires cities to implement a recycling program to divert Organic Waste from Commercial Businesses and Multi-Family premises subject to the law; and requires cities to report to CalRecycle on their progress in implementing an Organic Waste recycling program. (d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, counties, special districts, residential households, Commercial Businesses and business owners, Multi-Family property owners or managers, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets. (e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires cities, counties, and special districts that provide Solid Waste collection services jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. The ordinance adopting this Article satisfies that 54 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 2 requirement and will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. (f) This Article shall take effect January 1, 2022. 7-10.010 Definitions. (a) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Article are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). (b) “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities, counties, special districts, and other regulated entities. (c) “City” means the City of Saratoga, California, a political subdivision of the State of California, and its duly authorized representatives. (d) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling with five or more units, or as otherwise defined in 14 CCR Section 18982(a)(6); with the exception that Multi-Family is excluded from this definition. A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Article. (e) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this Article or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). (f) “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). (g) “Compliance Review” means a review of records by the City to determine compliance with this Article. (h) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Article, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. 55 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 3 (i) “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). (j) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). (k) “County” means the County of Santa Clara, California. (l) “County Agency Enforcement Official” means an authorized designee of the County of Santa Clara in the Public Health Department or other departments who is/are partially or whole responsible for enforcing this Article. (m) “Customer” means the person who receives the collection contractor’s services and to whom the contractor/City submits its billing invoice to and collects payment from for collection services provided to a premises. The Customer may be either the occupant, owner, or property manager of the premises, as allowed under the City Code. (n) “C&D” means construction and demolition debris. (o) “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Article as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. (p) “Discarded Materials” means Recyclable Materials, Organic Materials, and Solid Waste discarded by a generator for the purposes of collection and/or Self-Hauling, excluding Excluded Waste. (q) “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Article or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Article or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (r) “Enforcement Action" means an action of the City or Regional Agency to address non- compliance with this Article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (s) “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste 56 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 4 that in City’s, its Designee’s, or Regional Agency’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, its Designee, or Regional Agency’s to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, and household batteries when such materials are defined as allowable materials for collection through the City’s collection programs and the Generator or Customer has properly placed the materials for collection pursuant to instructions provided by City, Regional Agency, or Exclusive Hauler for collection services. (t) “Exclusive Hauler” means” means the collection contractor that has been granted the exclusive rights to collect Recyclable Materials, Organic Materials, Solid Waste, and C&D in the City through the agreement entered into by the collection contractor and the Regional Agency”). (u) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). (v) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. (w) “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). (x) “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: (1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, (3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Article. 57 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 5 (y) “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (z) “Food Scraps” means those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) discarded paper (including paper containers and cartons) that is contaminated with Food Scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (v) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of Residential dwellings. Food Scraps are a subset of Organic Waste. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. (aa) “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). (bb) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. (cc) “Food Waste” includes Food Scraps and Food-Soiled Paper, and includes Compostable Plastics, unless City, its Designee, Regional Agency, or Exclusive Hauler excludes Compostable Plastics in the Organic Materials Containers. (dd) “Generator” means any person whose act first causes discarded materials to become subject to regulation under this Article of the City Code or under federal, State, or local laws or regulations. (ee) "Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not more than three (3) inches in diameter), garden and tree fruits and vegetables, and similar materials generated and Source Separated from other materials at the Premises. (ff) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). (gg) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). 58 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 6 (hh) “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). (ii) “Inspection” means a site visit where a City, its Designee, or Regional Agency reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Article, or as otherwise defined in 14 CCR Section 18982(a)(35). (jj) “City Enforcement Official” means the city manager, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the Article. See also “Regional or County Agency Enforcement Official”. (kk) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Article. (ll) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Article and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Article and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Article. (mm) “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (nn) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered 59 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 7 Commercial Businesses. Residential premises with fewer than five (5) dwelling units shall be considered Single-Family. (oo) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7. (pp) “Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). (qq) “Non-Local Entity” means the following entities that are not subject to the Jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42): (1) Special district(s) located within the boundaries of the City, including the Saratoga Fire Protection District, West Valley Sanitary District, and Cupertino Sanitary District. (2) Federal facilities and State agencies located within the boundaries of the City. (5) Public universities (including community colleges) located within the boundaries of the City, including the West Valley Community College District. (rr) “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. (ss) “Organic Materials” means Green Waste, Food Waste, lumber, and wood waste. (tt) “Organic Materials Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Materials. (uu) “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). (vv) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). (ww) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (xx) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, 60 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 8 manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). (yy) “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Recyclable Materials Container; (ii) discarded materials placed in the Organic Materials Container that are not identified as acceptable Source Separated Organic Materials for the City’s Organic Materials Container; (iii) discarded materials placed in the Solid Waste Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Materials to be placed in City’s Organic Materials Container and/or Recyclable Materials Container; and, (iv) Excluded Waste placed in any container. (zz) “Recovered Organic Waste Products” means products made from California, landfill- diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (aaa) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (bbb) “Recyclable Materials” means the following materials: (1) Metals: aerosol cans, aluminum foil, aluminum pans, beverage cans, can lids, car parts, doors and screens, electrical motors, food/soup cans, furniture, hangers, keys, lids/caps, nuts and bolts, paint cans, pet food cans, pipes, plumbing fixtures, pots and pans, propane tanks, scrap metal, screws and nuts, sporting goods, tools, toys, umbrellas, and utensils; (2) E-Waste: appliances, calculators, cameras, cell phones, computer mice, computer tower, cords, DVD players, DVRs, fax machines, inkjet toner cartridges, keyboards, microwaves, pagers, PDAs, printers, radios, scanners, stereos, telephones, and VCRs, but not including items imbedded with batteries; (3) Paper: Paper products, Printing and Writing Paper, aseptic packaging, books, carbonless paper, cardboard, catalogs, cereal boxes, coffee cups, colored paper, computer paper, construction paper, coupons, egg cartons, envelopes, frozen food boxes, gift wrap, juice boxes, junk mail, magazines, mailers, milk cartons, newspapers (including inserts), office paper, paper bags, paper cups / plates, photographs, pizza boxes, shoe boxes, shredded paper, telephone books, and tissue paper; (4) Plastic: auto parts, baby wipe containers, baskets, beverage bottles, bleach/ detergent bottles, buckets, coffee cup lids, coolers, crates, disposable razors, flower pots, food containers, furniture, hangers, household cleaner bottles, mouthwash bottles, pet carriers, HDPE pipes, plastics (numbers 1 - 7), prescription bottles, 61 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 9 shampoo bottles, shelving, squeeze bottles, swimming pools, take-out containers, toys; (5) Film Plastics: bread bags, bubble wrap, cellophane bags, dry cleaning bags, frozen food bags, newspaper bags, pallet wrap, plastic liners, plastic wrap, produce bags, and shrink wrap; (6) Glass: beverage bottles, broken glass, dishware, food jars, windows, and wine bottles; and (7) Miscellaneous: textiles, and used oil and used oil filters. (ccc) “Recyclable Materials Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials. (ddd) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). (eee) “Regional Agency” means the West Valley Solid Waste Management Authority. . (fff) “Regional Agency Enforcement Official” means a designated enforcement official from the Regional Agency or other regional or county agency, designated by the City with responsibility for enforcing this Article in conjunction or consultation with Jurisdiction Enforcement Official. (ggg) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Recyclable Materials Containers, Organic Materials Containers, and Solid Waste Materials Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. (hhh) “Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62). (iii) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). (jjj) “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). 62 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 10 (kkk) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. (lll) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Article, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. (mmm) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material they have generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). Self-hauler also includes a landscaper. (nnn) “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units. (ooo) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: (1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. (ppp) “Solid Waste Materials Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Solid Waste. 63 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 11 (qqq) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Article, Source Separated shall include separation of materials by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Solid Waste for the purposes of collection and processing. (rrr) “Source Separated Organic Materials means Source Separated Organic Materials that can be placed in an Organic Materials Container that is specifically intended for the separate collection of Organic Waste. (sss) “Source Separated Recyclable Materials” means Source Separated Recyclables Materials that can be placed in a Recyclable Materials Containers that is specifically intended for the separate collection of Recyclable Materials. Source Separated Recyclable Materials. (ttt) “State” means the State of California. (uuu) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). (vvv) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following: (1) Supermarket. (2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider. (4) Food Distributor. (5) Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Article. (www) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following: 64 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 12 (1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. (2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue. (5) Large Event. (6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Article. (xxx) “West Valley Clean Water Authority” means the stormwater pollution prevention authority for the cities of Campbell, Monte Sereno, Saratoga, and the town of Los Gatos. (yyy) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). 7-10.015 Single-Family Requirements (a) Owners, occupants, or property managers of Single-Family premises, except those that that meet the Self-Hauler requirements in Section 7-10.045 of this Article shall subscribe to the Regional Agency’s Recyclable Materials, Organic Materials, and Solid Waste collection services for all Recyclable Materials, Organic Materials, and Solid Waste generated as described below in subsection (b). City, its Designee, or Regional Agency shall have the right to review the number and size of Recyclable Materials Containers, Organic Materials Containers, and Solid Waste Containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, the owner, occupant, or property manager of the Single-Family premises shall adjust its service level for its collection services as requested by the City, its Designee, or Regional Agency. (b) Generators at Single-Family premises shall participate in the Regional Agency’s Recyclable Materials, Organic Materials, and Solid Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. 65 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 13 (c) Generators at Single-Family premises shall place Source Separated Organic Materials, including Food Waste, in the Organic Materials Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste Container and shall not place materials designated for the Solid Waste Container into the Recyclable Materials Container or Organic Materials Container. 7-10.020 Commercial and Multi-Family Requirements (a) Commercial Businesses and Multi-Family Residential Dwellings shall comply with the following requirements: (1) Subscribe to Regional Agency’s Recyclable Materials, Organic Materials, and Solid Waste collection services and comply with requirements of those services as described below in subsection (b), except Commercial Businesses and Multi- Family Residential Dwellings that meet the Self-Hauler requirements in Section 7- 10.045 of this Article. City, its Designee, or Regional Agency shall have the right to review the number and size of a Commercial Business’s or Multi-Family Residential Dwellings’ Recyclable Materials Containers, Organic Materials Containers, and Solid Waste containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, owner, occupant, or property manager of Commercial Businesses and Multi-Family Residential Dwellings shall adjust their service level for their collection services as requested by the City, its Designee, or Regional Agency. (2) Except Commercial Businesses and Multi-Family Residential Dwellings that meet the Self-Hauler requirements in Section 7-10.045 of this Article, participate in the Regional Agency’s Recyclable Materials, Organic Materials, and Solid Waste collection service(s) by placing designated materials in designated containers. Commercial and Multi-Family Generators shall place Source Separated Organic Materials, including Food Waste, in the Organic Materials Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Solid Waste in the Solid Waste Containers and shall not place materials designated for the Solid Waste Container into the Organic Materials Container or Recyclable Materials Container. (3) Supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below) for employees, contractors, tenants, and customers, consistent with Regional Agency’s Recyclable Materials, Organic Materials, and Solid Waste collection service or, if self-hauling, in a manner to support its compliance with its self-haul program, in accordance with Section 7-10.045 of this Article. (4) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Materials and Source Separated Recyclable Materials. 66 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 14 (5) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Materials and Source Separated Recyclable Materials separate from Solid Waste and the location of containers and the rules governing their use at each property. (6) Provide or arrange access for City, its Designee, or Regional Agency to their properties during all Inspections conducted in accordance with this Article to confirm compliance with the requirements of this Article. (7) Accommodate and cooperate with any Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, if implemented by City its Designee, or Regional Agency to evaluate Generator’s compliance with Section 7-10.025(b). The Remote Monitoring program may involve installation of Remote Monitoring equipment on or in the Recyclable Materials Containers, Organic Materials Containers, and Solid Waste Materials Containers. (8) At Commercial Business’s or Multi-Family Residential Dwelling’s option and subject to any approval required from the City, its Designee, or Regional Agency, implement a Remote Monitoring program for Inspection of the contents of its Recyclable Materials Containers, Organic Materials Containers, and Solid Waste Materials Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Recyclable Materials Containers, Organic Materials Containers, and Solid Waste Materials Containers subject to written notification to or approval by the City, its Designee, or Regional Agency. (9) If a Commercial Business or Multi-Family Residential Dwelling wants to self-haul, meet the Self-Hauler requirements in Section 7-10.045 of this Article. (b) Commercial Businesses shall also comply with the following requirements: (1) Provide containers for the collection of Source Separated Organic Materials and Source Separated Recyclable Materials in all indoor and outdoor areas where containers for Solid Waste are provided for customers, for materials generated by that Commercial Business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the Commercial Business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the Commercial Business shall have either: (i) A body or lid that conforms with the container colors provided through the collection service provided by Regional Agency, with either lids conforming to the color requirements or bodies conforming to the color 67 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 15 requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (ii) Existing containers shall be clearly marked with educational signage indicating the appropriate material types to be placed in each container in accordance with requirements of the Regional Agency’s collection program. Commencing January 1, 2022, new containers shall have container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container pursuant 14 CCR Sections 18984.8 and 18984.9. (2) To the extent practical through education, training, Inspection, and/or other measures, shall prohibit employees from placing materials in a container not designated for those materials per the Regional Agency’s Recyclable Materials, Organic Materials, and Solid Waste collection service or, if self-hauling, in a manner to support its compliance with its self-haul program, in accordance with Section 7-10.045. (3) Periodically inspect Recyclable Materials Containers, Organic Materials Containers, and Solid Waste Materials Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (4) For Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators, comply with Food Recovery requirements, pursuant to Section 7- 10.030. (c) Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). 7-10.025 Waivers for Residential and Commercial Generators (a) De Minimis Waivers. The Regional Agency may waive a Commercial Business’ or Multi- Family Residential Dwellings’ obligation to comply with some or all of the Recyclable Materials or Organic Materials requirements of this Article if the Commercial Business or Multi-Family Residential Dwellings provides documentation that it generates below a certain amount of Recyclable Materials and Organic Materials as described in subsection (a)(2) below. Commercial Businesses or Multi-Family Residential Dwellings requesting a de minimis waiver shall: 68 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 16 (1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (a)(2) below. (2) Provide documentation that either: (A) The Commercial Business’ or Multi-Family Residential Dwellings’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Recyclable Materials Container and/or Organic Materials Container comprises less than 20 gallons per week per applicable container of the Commercial Business’s or Multi-Family Residential Dwellings’ total waste; or, (B) The Commercial Business’ or Multi-Family Residential Dwellings’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Recyclable Materials Container and/or Organic Materials comprises less than 10 gallons per week per applicable container of the Commercial Business’s or Multi-Family Residential Dwellings’ total waste. (3) Notify Regional Agency if circumstances change such that Commercial Business’s or Multi-Family Residential Dwelling’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded. (4) Provide written verification of eligibility for de minimis waiver every 5 years, if Regional Agency has approved de minimis waiver. (b) Physical Space Waivers. Regional Agency may waive a Commercial Business’s or Multi- Family Residential Dwelling’s or property owner’s obligations to comply with some or all of the Recyclable Materials and/or Organic Waste collection service requirements if the Regional Agency has evidence from its own staff, the Exclusive Hauler, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 7-10.020. A Commercial Business or Multi-Family Residential Dwelling owner or property owner may request a physical space waiver through the following process: (1) Submit an application form to Regional Agency specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) Provide documentation that the premises lacks adequate space for Recyclable Materials Containers and/or Organic Materials Containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Provide written verification to Regional Agency that it is still eligible for physical space waiver every five years, if Regional Agency has approved application for a physical space waiver. 69 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 17 7-10.030 Commercial Edible Food Generator Requirements (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024 pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Event operators providing food service shall comply with requirements of this Section, commencing January 1, 2024. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements: (1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. (2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow City’s or Regional Agency’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: (A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: (i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization. (ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. 70 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 18 (iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. (d) Tier One Commercial Edible Food Generators shall submit Food Recovery Reports, as defined below, to the to the City, its Designee, or Regional Agency, upon request, according to the following schedule: (1) On or before August 1, 2022, Tier One Commercial Edible Food Generators shall submit a Food Recovery Report for the period of January 1, 2022 through June 30, 2022. (2) On or before May 1, 2023, and on or before May 1st each year thereafter, Tier One Commercial Edible Food Generators shall submit a Food Recovery Report for the period covering the entire previous calendar year. (e) Tier Two Commercial Edible Food Generators shall submit Food Recovery Reports, as defined below, to the to the City, its Designee, or Regional Agency, upon request, according to the following schedule: (1) On or before May 1, 2025, and on or before May 1st each year thereafter, Tier Two Commercial Edible Food Generators shall submit a Food Recovery Report for the period covering the entire previous calendar year. (f) Food Recovery Reports submitted by Tier One and Tier Two Commercial Edible Food Generators shall include the following information: (1) The name and address of the Commercial Edible Food Generator; (2) The name of the person responsible for the Commercial Edible Food Generator’s edible food recovery program; (3) A list of all contracted Food Recovery Services or Food Recovery Organizations that collect Edible Food from the Commercial Edible Food Generator; (4) The total number of pounds of Edible Food, per year, donated through a contracted Food Recovery Organization or Food Recovery Service. (g) Nothing in this Article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, 71 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 19 relating to food safety, as amended, supplemented, superseded and replaced from time to time). 7-10.035 Requirements for Food Recovery Organizations and Services (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): (1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. (3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. (4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): (1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services shall inform Generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b). (d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall submit Food Recovery Reports, as defined below, to the to the City, its Designee, or Regional Agency, upon request, according to the following schedule: 72 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 20 (1) On or before August 1, 2022, Food Recovery Organizations and Food Recovery Services shall submit a Food Recovery Report for the period of January 1, 2022 through June 30, 2022. (2) On or before May 1, 2023, and on or before May 1st each year thereafter, Food Recovery Organizations and Food Recovery Services shall submit a Food Recovery Report for the period covering the entire previous calendar year. (e) Food Recovery Reports submitted by Food Recovery Services or Organizations shall include the following information: (1) Total pounds of Edible Food recovered in the previous calendar year from Tier One and Tier Two Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). (2) Total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with within Santa Clara County. (f) In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, its Designee, or Regional Agency, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City or Regional Agency, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City, its Designee, or Regional Agency shall respond to such request for information within 60 days, unless another timeframe is otherwise specified by the City or Regional Agency. 7-10.040 Hauler and Facility Operator Requirements (a) Requirements for Haulers (1) The Exclusive Hauler providing Single-family, Multi-family Residential Dwellings, and Commercial Recyclable Materials, Organic Waste, C&D, and Solid Waste collection services to Generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Regional Agency to collect Source Separated Recyclable Materials, Source Separate Organic Materials, C&D, and Solid Waste: (A) Transport:(i) Source Separated Recyclable Materials to a facility that recovers Recyclable Materials; (ii) Source Separated Organic Materials to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and (iii) Solid Waste to a Disposal facility; 73 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 21 (B) All facilities referenced above shall be approved by the Regional Agency through the Exclusive Hauler’s collection agreement with the Regional Agency. (2) The Exclusive Hauler authorized to collect Source Separated Recyclable Materials, Source Separated Organic Materials, and Solid Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into by the Exclusive Hauler and the Regional Agency. (b) Requirements for Facility Operators and Community Composting Operations. (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City or Regional Agency request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City or Regional Agency shall respond within 60 days. 7-10.045 Self-Hauler Requirements (a) Self-Haulers shall Source Separate all Recyclable Materials and Organic Waste (materials that City, Regional Agency, or Exclusive Hauler otherwise requires Generators to separate for collection in the Regional Agency’s Recyclable Materials and Organic Materials collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste that is mixed with Solid Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Organic Materials to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste that is mixed with Solid Waste to a High Diversion Organic Waste Processing Facility. (c) Self-Haulers that are owners or property managers of Commercial Businesses and Multi- Family Residential Dwellings shall keep a record of the amount of Recyclable Materials and Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Recyclable Materials Organic Waste; this record shall be subject to Inspection by the City, its Designee, or Regional Agency. The records shall include the following information which shall be provided to City, its Designee, or Regional Agency upon request: (1) Delivery receipts and weight tickets from the entity accepting the Recyclable Materials, Organic Waste, or Solid Waste. 74 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 22 (2) The amount of material in cubic yards or tons transported by the Generator to each entity. (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Recyclable Materials, Organic Waste, or Solid Waste. (d) A Single-Family Generator that self-hauls Recyclable Materials, Organic Waste, or Solid Waste is not required to record or report information in subsection (c), above. 7-10.050 Non-Local Entities and Local Education Agency Requirements (a) Non-Local Entities and Local Education Agencies shall comply with requirements 14 CCR Chapter 12, Article 5 to prevent and reduce and disposal the generation of Organic Waste. (b) Local Education Agencies with on-site Food Facility shall comply with Food Recovery requirements of Section 7-10.030 of this Article. 7-10.060 Inspections and Investigations by City (a) Representatives of City, its Designee, and the Regional Agency are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this Article by Single-Family Generators, Commercial Businesses, Multi-Family Residential Dwellings, property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, and other entities regulated hereunder subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business and Multi-Family Residential Dwellings containers for compliance with Section 7-10.020(b) of this Article, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses and Multi-Family Residential Dwellings shall accommodate and cooperate with the Remote Monitoring pursuant to Section 7-10.020 of this Article. (b) Any person subject to this Article shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s, its Designee’s, or Regional Agency’s representative during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Article described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment (optional); or (ii) access to records for any Inspection or investigation is a violation of this Article and may result in penalties described. 75 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 23 (c) Any records obtained by the City, its Designee, or Regional Agency during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) City representatives, its Designee representative, and/or Regional Agency representatives are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Article, subject to applicable laws. (e) City and Regional Agency shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. 7-10.070 Enforcement (a) Violation of any provision of this Article shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement Official or representative or Regional Agency Enforcement Official or representative. Enforcement Actions under this Article are issuance of an administrative citation and assessment of a fine. The City’s or Regional Agency’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article and any rule or regulation adopted pursuant to this Article, except as otherwise indicated in this Article. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City or Regional Agency may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City or Regional Agency may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City or Regional Agency staff and resources. (c) Responsible Entity for Enforcement (1) Enforcement pursuant to this Article may be undertaken by the Jurisdiction Enforcement Official, which may be the City manager or their designated entity, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a Regional Agency Enforcement Official or County Agency Enforcement Official, designated by the City, in consultation with Jurisdiction Enforcement Official. (A) Jurisdiction Enforcement Official(s) (and Regional Agency Enforcement Official or County Agency Enforcement Official, if designated by the City) will interpret this Article; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. 76 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 24 (B) Jurisdiction Enforcement Official(s) (and Regional Agency Enforcement Office or County Agency Enforcement Official, if designated by the City) may issue Notices of Violation(s). (d) Process for Enforcement (1) Jurisdiction Enforcement Officials or Regional Agency Enforcement Office or County Enforcement Officials and/or their Designee will monitor compliance with this Article randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 7-10.060 establishes City’s right to conduct Inspections and investigations. (2) City or Regional Agency Enforcement Office or County Enforcement Officials may issue an official notification to notify regulated entities of its obligations under this Article. (3) For incidences of Prohibited Container Contaminants found in containers, City or Regional Agency Enforcement Office or County Enforcement Officials will issue a Notice of Violation to any Generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants. If the City, Regional Agency, or Exclusive Hauler observes Prohibited Container Contaminants in a Generator’s containers on more than three (3) consecutive occasion(s), the City, Regional Agency, or Exclusive Hauler may assess contamination processing fees or contamination penalties on the Generator. (4) With the exception of violations of Generator contamination of container contents addressed under Section 7-10.070(d)(3), City or Regional Agency Enforcement Office or County Enforcement Officials shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. (5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City or Regional Agency Enforcement Office or County Enforcement Officials shall commence an action to impose penalties, via an administrative citation and fine in accordance with the Saratoga Municipal Code. (6) Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information. (e) Penalty Amounts for Types of Violations The penalty levels are as follows: (1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. 77 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 25 (2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation. (f) Factors Considered in Determining Penalty Amount The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range: (1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay. (3) The willfulness of the violator's misconduct. (4) Whether the violator took measures to avoid or mitigate violations of this chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations The City or Regional Agency Enforcement Office or County Enforcement Officials may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: (1) Major regional unforeseen circumstances such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (h) Appeals Process Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures in the City’s codes for appeals of administrative citations. Evidence may be presented at the hearing. 78 Draft – 10/20/21 MOWDR Ordinance Attachment 2 – Page 26 The City will appoint a hearing officer who shall conduct the hearing and issue a final written order. (i) Education Period for Non-Compliance Beginning January 1, 2022 and through December 31, 2023, City, its Designee, or Regional Agency will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City, its Designee, or Regional Agency determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Article and a notice that compliance is required by January 1, 2022 and that violations may be subject to administrative civil penalties starting on January 1, 2024. (j) Civil Penalties for Non-Compliance Beginning January 1, 2024, if the City or Regional Agency Enforcement Office or County Enforcement Officials determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Article, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section, as needed. 79 DRAFT - 10/20/21 MOWDR Ordinance Attachment 3 – Page 1 Exhibit 3 Saratoga Municipal Code Conforming Amendments for Mandatory Organic Waste Disposal Reduction Ordinance The provisions of the Saratoga Municipal Code set forth below are amended or adopted as follows: Text to be deleted in shown in strikethrough (example). Text in italics is explanatory and is not an amendment to the Code. 1. Article 4-05 - Definition of Recycler 4-05.020 (l) Recycler means any person who is engaged in the City in the collecting, receiving, transporting, segregating, recycling and/or disposing of recyclable materials. 2. Article 4-65 – Permits for Recyclers Article 4-65 RECYCLERS 4-65.010 Definitions. As used in this Article, the term "business" shall have the same meaning as set forth in Section 4-05.020(a); the term "engaged in business" shall have the same meaning as set forth in Section 4-05.020(c); and the term "recycler" shall have the same meaning as set forth in subsection 4-05.020(l). 4-65.020 Permit required. No recycler shall engage in business in the City without first having obtained a permit to do so pursuant to this Article. Such recycler shall also apply for and obtain a business license pursuant to Article 4-05 of this Chapter, and pay the license fee specified in Section 4-05.100, unless such recycler is exempted from the payment of such fee under Sections 4-05.160 and 4- 05.170. The failure to obtain the required permit and the required business license shall be a violation of this Article as set forth in Section 4-65.120. 4-65.030 Application for permit; fee; investigation by City Manager. (a) Application for a permit hereunder shall be made to the City Manager on such forms as the City Manager may prescribe, which shall include the following information: (1) Name and address of the applicant, together with the name and address of each person who will be engaged in recycling in the City for or on behalf of the applicant. (2) The location of the principal place of business, and, if such principal place of business is in the City, a statement of the zoning classification for such location. 80 DRAFT - 10/20/21 MOWDR Ordinance Attachment 3 – Page 2 (3) A complete description of the business, activity program, or other purpose for which the recycling will be made, including a copy of all brochures, forms, contracts, subscriptions, handouts, and other documents to be used in connection with such recycling. (4) If the recycling will be conducted for an organization or an activity which is exempted from the payment of business license fees under the provisions of Sections 4-05.160 and 4-05.170 of this Chapter, the applicant shall provide documents establishing, to the satisfaction of the City Manager, the qualification for such exemption. (5) Such other information and documents as the City Manager may require. (b) The application shall be accompanied by a processing fee in such amount as may be established from time to time by resolution of the City Council; provided, however, no such fee shall be charged if the applicant is found to be exempted from the payment of a business license fee under the provisions of Sections 4-05.160 and 4-05.170 of this Chapter. (c) Upon receipt of the application and other documents and the fee (if payable) as required in subsections (a) and (b) of this Section, the City Manager shall conduct such investigation as the City Manager deems appropriate to determine whether a permit should be issued. In connection, therewith, the City Manager shall forward a copy of the application to the Community Development Director, for determination as to whether the conduct of the business or activity will be in compliance with zoning requirements and other rules, regulations and ordinances of the City. The Community Development Director shall indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and shall return the application to the City Manager. 4-65.040 Grounds for denial of permit. The City Manager shall deny issuance of a permit based upon any of the following grounds: (a) A finding by the City Manager that the applicant has engaged in conduct within the City or elsewhere for which a business license or permit could be revoked under the provisions of this Chapter. (b) A determination by the Community Development Director that the conduct of the business or activity would not be in compliance with all zoning requirements and other rules, regulations and ordinances of the City. 4-65.050 Issuance of permit; conditions; term. If a permit is issued, it shall be subject to any conditions as may be imposed by the City Manager, or the Community Development Director. Recycler's permits may be issued on an annual basis. 81 DRAFT - 10/20/21 MOWDR Ordinance Attachment 3 – Page 3 4-65.060 Renewal of permit. A permit issued under this Article may be renewed for a period not exceeding one year upon application to the City Manager on such forms as the City Manager may prescribe, accompanied by payment of a renewal fee in such amount as established from time to time by resolution of the City Council, unless the applicant is exempted from the payment of such fee. The City Manager shall renew the permit if upon finding that all of the requirements of this Article have been satisfied by the permittee and no conditions of the permit have been violated. 4-65.070 Transferability of permit. No permit issued under this Article shall be transferable and any attempted transfer shall invalidate the permit. 4-65.080 Collection of recyclable materials at night. No collection of recyclable materials shall be conducted in the City before the hour of 8:00 A.M. of any day, or after the hour of 7:00 P.M. of any day; provided, however, this restriction shall not apply to any meeting between the recycler and his customer arranged by appointment with the customer. 4-65.090 Quarterly reports. In order for the City to meet the waste reduction goals and reporting requirements of the California Integrated Waste Management Act of 1989 (California Public Resources Code § 40000 et seq.), the recycler shall submit to the City on a quarterly basis, a report in a form satisfactory to the City Manager setting forth the amount of recyclable materials collected within the City during that time period. 4-65.100 Suspension or revocation of permit. (a) Any permit issued under this Article may be suspended or revoked by the City Manager for any reason that would justify a refusal to issue the permit originally, or by reason of any failure by the permittee to comply with all of the provisions of this Article, or any other provisions of this Code, or any condition of such permit. (b) The holder of the permit shall be given prompt notice of the intention to suspend or revoke his permit. Such notice shall fix a time and place, not less than five nor more than thirty days after service thereof, at which the holder of the permit may appear before the City Manager and be granted a hearing upon the merits of the suspension or revocation. If after such hearing the permit is ordered suspended or revoked, the holder shall have the right to appeal such action to the City Council. 4-65.110 Appeals to City Council. Any decisions rendered pursuant to this Article with respect to the issuance, denial, suspension or revocation of a permit, or the conditions thereof, may be appealed to the City 82 DRAFT - 10/20/21 MOWDR Ordinance Attachment 3 – Page 4 Council by the applicant or permittee or other interested person in accordance with the procedure set forth in Section 2-05.030 of this Code. 4-65.120 Violations of Article. The violation of any provision contained in this Article, or the violation of any condition of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any proceedings conducted under Section 4-50.100 for revocation or suspension of a permit, or any proceedings conducted under Article 4-05 of this Chapter to revoke a business license by reason of the same violation. 83 Attachment B: Summary of Article 17.10 Saratoga Municipal Code The text of Article 17-10 is based largely on a model ordinance developed by CalRecycle to assist local governments in complying with its SB 1383 Regulations. The regulations and ordinance are very detailed. This summary provides a general description of the key requirements. 7-10.05 Purpose of Article This section explains that the Article is intended to comply with State law. 7-10.010 Definitions This section adopts definitions of the various terms used in the SB 1383 Regulations that the City is required to follow in administering the ordinance. 7-10.015 Single Family Requirements As required by the SB 1383 Regulations this section provides that residents must 1) Have access to an organics recycling program--cart with appropriate lid color that accepts landscaping and food waste, 2) Place all organic waste in their curbside organics recycling container, 3) Place all recyclables in recycling cart, and 4) not contaminate carts with materials that do not belong in the cart. 7-10.020 Commercial and Multi-Family Requirements Commercial and Multi-family properties must 1) Have access to an organics recycling program (cart or dumpster with appropriate lid color that accepts landscaping and food waste), 2) Place all organic waste in organics recycling container, 3) Place all dry recyclables in recycling, 4) not contaminate carts with materials that do not belong in the cart, 5) Businesses must train staff on which materials are acceptable in the recycling and organics recycling programs, 6) Businesses must include signage and color-coded lids on recycling and organics recycling bins in customer-facing locations such as lobbies or dining areas at fast- casual locations, and 7) Periodically monitor for contamination of recycling and organics recycling streams. 7-10.025 Waivers for Residential and Commercial Generators Businesses that do not generate high volumes of organics waste as defined in this section or do not have adequate space in their trash enclosure may apply for a compliance waiver from the City. 7-10.030 Commercial Edible Food Generator Requirements Certain food service businesses must make arrangements with edible food recovery operations to recover edible food. Tier 1 businesses (in Saratoga, likely only Safeway), will be required to make arrangements to recover edible food by 2022. Tier 2 businesses (large hotels, hospitals and large restaurants; there do not appear to be any in Saratoga) will be required to have edible food recovery programs by 2024. 84 Attachment B: Summary of Article 17.10 Saratoga Municipal Code 7-10.035 Requirements for Food Recovery Organizations and Services These entities will be required to report to the City regarding edible food recovery activities upon request within 60 days. 7-10.040 Hauler and Facility Operator Requirements The WVSWMA’s exclusive franchise hauler must provide organics recycling service and transport organics to an organics waste processing facility. Haulers and organics facility operators must provide reports to the City upon request within 60 days. 7-10.045 Self-Hauler Requirements Businesses are allowed to self-haul their organic waste, such as spoiled produce from a grocery store or landscaping waste handled by a landscaping contractor, provided the materials are taken to a recycling facility and that the business provides the City with reports upon request. 7-10.050 Non-Local Entities and Local Education Agency Requirements Non-local entities (such as special districts) and local education agencies shall comply with requirements 14 CCR Chapter 12, Article 5 and shall comply with Food Recovery requirements of Section 7-10.030 of this Article. 7-10.060 Inspections and Investigations by City City officials or their designee are authorized to enter into non-residential properties to assess compliance of provisions outlined in this Article. The ordinance has been structured to allow enforcement by the WVSWMA and, with respect to commercial food generators, Santa Clara County if the City wishes to make that delegation. 7-10.070 Enforcement. Beginning in City officials or their designees can issue notice of violations or non- compliance. Businesses have 60 days after initial notice of violation to implement an SB1383 compliant recycling program and beginning in 2024 will face monetary penalties of $100-$500 per violation. 85 SARATOGA CITY COUNCIL MEETING DATE:November 3, 2021 DEPARTMENT:City Attorney PREPARED BY:Richard Taylor, City Attorney SUBJECT:Annual Code Update for 2021 RECOMMENDED ACTION: Conduct the public hearing, introduce and waive the first reading of an ordinance amending City Code sections 1-15.040 (concerning computation of time), 2-05.030 and 15-90.065 (concerning appeals by City Council members);2-10.080 concerning title of Vice Mayor); 2-12.020, 080 and 2-15.050 (concerning Commissions and Commissioners), 3-10.070 (concerning appeal hearings), 5-25.070 (concerning reporting of transient occupancy tax information); 6-05.050 (concerning review of emergency declarations); 7-30.051 and .060 (concerning leaf blowers); 13-10.040 (concerning the Heritage Preservation Commission); 14-25.080 (concerning parkland dedication); 15-50.070 and 080 (concerning tree removal permits); 15-85.050 (concerning notice of Planning Commission public hearings); 16-18.025 (concerning automatic sprinklers); and Chapter 14 (correcting cross references to state law), and direct staff to place the matter on the consent calendar for the next regular meeting of the City Council. DISCUSSION: Each year the City adopts a number of cleanup amendments to the City Code to clarify ambiguities, comply with state laws, and conform to new best practices that have changed since the Code was adopted. The following table lists the Code sections that the City Council directed be updated at its meeting of July 21, 2021. (One additional item, a fee waiver for certain tree removal permits in the wildland urban interface, was added on September 1, 2021.) On September 8, 2021 the Planning Commission held a public hearing and reviewed the proposed changes to the Zoning Ordinance and recommended that they be adopted. The table starting on the next page describes each of the amendments included in the attached ordinance. 86 Topic/Code Sections Issue Changes Chapter 1 – General Provisions Filing Deadlines Section 1-15.040(b) The City Code provides for an extension of filing deadlines when the deadline falls on a holiday but does not provide for days when City offices are closed due to a furlough or the 9/80 work schedule. Provide that a filing deadline that occurs on a day that the City offices are closed is automatically extended to the next business day. Chapter 2 - Administration Appeals by City Council Members Sections 2-05.030 and 15- 90.065 In addition to appeals by members of the public, the City Code allows appeals to be filed by two members of the City Council. Recent developments in the law of due process indicate that having an appeal filed by a member or members of the hearing body (in Saratoga this is the City Council) can make it difficult for the other parties to the appeal to receive a fair hearing. Remove City Code provisions that allow appeals to be filed directly by members of the City Council. Vice Mayor Section 2-10.080 The City Code refers to the Vice Mayor as “the Mayor pro tempore.” This is consistent with State law but can be confusing to the public. Amend the Code to retain the name “Mayor pro tempore” but add wording to indicate that this position is also called the Vice Mayor. Commissioner Qualifications Section 2-12.020 Recent changes to State law preclude making citizenship a condition for eligibility to serve on a public agency commission. The Code requires that Commissioners be a registered voter of Saratoga. Only citizens may register to vote. Remove the requirement that Commissioners be registered voters. (The requirement that Commissioners be a resident of Saratoga will remain.) Commission Rules and Procedures Sections 2-12.080 and 2- 15.050 The City Code authorizes Commissions to adopt rules and procedures which are not inconsistent with the Code. The City Council has adopted various procedures applicable to Amend the Code to provide that Commissions may adopt rules and procedures which are not inconsistent with the Code or other policies adopted by the City Council. 87 Commissions that are not included in the Code. Chapter 3 – Code Enforcement Enforcement Appeal Hearings Section 3-10.070 The Code currently requires that the written decision of the Hearing Officer on a code enforcement appeal be issued within 15 days; for complex matters more time may be required. Change the decision deadline from 15 days to 30 days. Chapter 5 - Taxation Transient Occupancy Tax Section 5-25.070 State law allows reports and payments filed by hotels and other subject toa transient occupancy tax to be confidential if so directed by ordinance. This can avoid giving a competitor or potential competitor an unfair advantage. The City Code does not currently include provisions allowing these reports to be filed on a confidential basis. Provide that reports and payments made by hotels and others subject to the tax are confidential except with respect to government agencies for official use only. Chapter 6 – Public Safety Review of Emergency Declarations Section 6-05.050 The Code calls for City Council review of the need for a local declaration of emergency at least once every 30 days until the Council terminates the emergency. For emergencies of a sustained duration this can add unnecessary matters to the City Council agenda. Require review of emergency declarations every 30 days or some other period to be determined by the Council with respect a particular emergency. Chapter 7 – Health & Sanitation Leaf Blowers Sections 7-30.051 and 7- 30.060 In 2017 the City adopted new standards for the use of leaf blowers to take effect in 2019. Because of the delayed effective date, the Code includes references to rules taking effect in 2019. Now that the effective date has passed, these references are no longer needed. Remove references to the 2019 effective date. Chapter 13 – Heritage Preservation 88 Heritage Commission Powers & Duties Section 13-10.040 There is a typographical error in the spelling of “Commission” in section 13-10.040(e). Correct the error. Chapter 14 – Subdivisions Cross-references to State Law Various Code Sections The Code contains several references to Civil Code section 1351 and related sections. This State law has been recodified such that the references in the City Code are not correct. Replace the current references with the correct references. Parkland dedication. Section 14-25.080(g) The Code currently allows subdividers providing private open space within a subdivision to claim a credit against open space fees otherwise due. This open space is not open to the public. Remove the provision allowing credit for private open space. Chapter 15 – Zoning Code Tree Removal Permit Fee Section 15-50.070 On September 1, 2021, the City Council approved a recommendation of the Finance Committee to waive the fees to remove qualifying trees within the WUI areas. Amend the Code to waive the fee for a tree permit to remove a qualifying tree species identified in Section 15-50.080(a)(11) for the purpose of creating defensible space within 100 feet of a structure located in the WUI area. Tree Removal Permits Section 15-50.080(a) There are commas missing in the list of permit types to which this section applies. Insert a comma after “removal” and “pruning” in this sentence: “Each application for a tree removal pruning or encroachment permit shall be reviewed and determined …” Notice of Planning Commission Public Hearing. Section 15-85.050(a). Amendments to a property’s zoning from one district to another require the mailing of a public notice to all property owners within 500 feet of the property subject to the amendment. Members of the public have expressed concern that proposed amendments may impact property owners beyond 500 feet of the subject site and these property owners may not be aware of the date and time of a Planning Commission hearing. On June 17, 2020 the City Council directed that the next miscellaneous Code update include an amendment requiring a city-wide mailing of a Planning Commission public hearing notice for any application that would include an amendment to the zoning district and/or General Plan designation of a property. 89 Chapter 16 – Building Regulations Automatic sprinkler requirements for new construction. Section 16-18.025. The automatic sprinkler regulations for one- and two-family dwellings contained within the Residential Building Code includes a list of exceptions when the installation of automatic sprinklers are not required for new construction. The list of exceptions includes the construction of new basements and the expansion of existing basements by more than 50%. Sprinklers are in fact required for the construction of new or expanded basements and including them in the list of exceptions has been identified as an error by the City’s Chief Building Official. Amend this subsection by deleting the basement exception for the installation of fire sprinklers and add the requirement that they be installed for the construction of all new basements and/or a 50% enlargement of an existing basement. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of the public hearing was published in the Saratoga News on October 22, 2021. ATTACHMENT: Attachment A – 2021 Annual Code Update Ordinance 90 ORDINANCE NO. _____ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CITY CODE SECTIONS 1-15.040 (CONCERNING COMPUTATION OF TIME), 2-05.030 AND 15-90.065 (CONCERNING APPEALS BY CITY COUNCIL MEMBERS); 2-10.080 (CONCERNING TITLE OF VICE MAYOR); 2-12.020, 080 AND 2-15.050 (CONCERNING COMMISSIONS AND COMMISSIONERS), 3-10.070 (CONCERNING APPEAL HEARINGS), 5-25.070 (CONCERNING REPORTING OF TRANSIENT OCCUPANCY TAX INFORMATION); 6-05.050 (CONCERNING REVIEW OF EMERGENCY DECLARATIONS); 7-30.051 AND .060 (CONCERNING LEAF BLOWERS); 13-10.040 (CONCERNING THE HERITAGE PRESERVATION COMMISSION); 14-25.080 (CONCERNING PARKLAND DEDICATION); 15-50.070 and 080 (CONCERNING TREE REMOVAL PERMITS); 15-85.050 (CONCERNING NOTICE OF PLANNING COMMISSION PUBLIC HEARINGS); 16-18.025 (CONCERNING AUTOMATIC SPRINKLERS); AND CHAPTER 14 (CORRECTING CROSS REFERENCES TO STATE LAW). The City Council of the City of Saratoga finds that: 1. The City Code of the City of Saratoga requires periodic updates to reflects changes in law, provide clarification to the community, and provide for improved customer service and administration of City business. 2. The City Council referred the amendments to Saratoga Municipal Code Chapters 15 in this ordinance to the Planning Commission and the Planning Commission held a hearing on those amendments on September 8, 2021 and following consideration of all testimony and written materials, recommended that the City Council adopt the amendments to Chapters 15 set forth herein. 3. The City Council of the City of Saratoga held a duly noticed public hearing on November 3, 2021, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. Therefore, the City Council of the City of Saratoga hereby ordains as follows: Section 1.Adoption. The Saratoga City Code is hereby amended as set forth in Exhibit A. Section 2.Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. 91 Ordinance No. Page 2 Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 3rd day of November, 2021 and was adopted by the following vote on November 17, 2021. AYES: NOES: ABSENT: ABSTAIN: SIGNED: Yan Zhao MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Britt Avrit, MMC CITY CLERK APPROVED AS TO FORM: _____________________________DATE:________________________ Richard Taylor CITY ATTORNEY 92 Ordinance No. Page 3 Exhibit A - 2021 Saratoga Municipal Code Update The provisionsof the Saratoga Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (example). Text in italics is explanatory and is not an amendment to the Code except in cases where it directs renumbering of subsections not otherwise amended. Where a section being amended includes subsections that are not shown those subsections are unchanged by this ordinance. 1.Filing Deadlines 1-15.040 – Computation of time. (b)Whenever any act is required by this Code to be performed on a particular day which day falls upon a holiday day on which the city offices are closed, or within a specified period of time which ends on a holiday day on which the city offices are closed, the act may be performed on the next business day on which the city offices are open with the same effect as if it had been performed upon the day appointed. 2.Appeals by City Council Members 2-05.030 - Appeals. (d)Appeal upon initiative of City Councilmembers. Regardless of whether a notice of appeal is filed, any two members of the City Council may initiate proceedings for review by the City Council of any administrative determination or decision, which is appealable pursuant to this Section. A request for such review shall be made by at least two Councilmembers to the City Clerk during any regular or special meeting of the City Council held within fifteen days after the date on which the determination or decision is rendered or, if no regular or adjourned meeting is held during that fifteen-day period, at the next regular or adjourned meeting of the City Council. Upon such review being initiated, the same procedure shall thereafter be followed as set forth in this Section and the City Council may take any action as provided in subsection (g) hereof. (e)Schedule of hearing. Upon the filing of the notice of appeal and payment of the appeal fee, or upon an appeal being initiated by members of the City Council, the City Clerk shall schedule the matter for hearing by the City Council as follows: (1)A proposed hearing date shall be set within two business days. The proposed date shall be within thirty calendar days of the date the appeal was filed, except as provided in subsection (ed)(2), below. The City Clerk shall immediately inform the appellant and the applicant of the proposed date, time, and place of the hearing at an e-mail address or fax number provided to the City at the time the appeal or application was filed. If the appellant or applicant within two business days requests 93 Ordinance No. Page 4 in writing that the proposed hearing date be extended, then the City Clerk shall set the date for the next regular meeting of the City Council occurring after the proposed date. The City Clerk shall inform the appellant and applicant of the new hearing date, time and place via e-mail or fax. (2)If it is not possible to set the proposed date in a manner that allows the City to provide any notice required by law and set the proposed date at a regularly scheduled meeting within thirty calendar days of the date the appeal was filed, the date shall be set at the first regularly scheduled Council meeting following the close of any applicable notice period. The City Clerk shall immediately inform the appellant and the applicant of the date, time, and place of the hearing at an e-mail address or fax number provided to the City at the time the appeal or application was filed. If the hearing date is set pursuant to this subsection, then neither the applicant nor appellant shall be authorized to request a change in the hearing date as described in subsection (ed)(2), above. (3)After a hearing date has been set in accordance with subsection (ed)(1) or (ed)(2), above, the appellant or the applicant may request in writing, and the City Clerk shall grant, a continuance of the date provided that the request for continuance is received by the City Clerk no later than fourteen calendar days prior to the date set for hearing. The continuance shall be until the next regular meeting of the City Council occurring after the date for which the matter had been set. No further continuances may be authorized by the City Clerk. (fe)Public notice. If a public hearing is conducted on the appeal, notice thereof shall also be published once at least ten calendar days prior to the hearing in a newspaper having general circulation in the City and mailed or delivered at least ten calendar days prior to the hearing to any other persons who were entitled under the provisions of this Code to receive notice of the proceedings at which the administrative determination or decision was made. (gf)Conduct of hearing by City Council. The City Council shall conduct a de novo review on the appeal, but no public hearing shall be required unless the determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the public from exercising its right as described in Section 2-10.130(a)(I) and (a)(II), to address the subject matter of the appeal. (hg)Decision by City Council. The Council may affirm, reverse or modify the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a determination or decision, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom. 94 Ordinance No. Page 5 (ih)Time limitation for judicial review. Any action or proceeding to attack, review, set aside, void or annul a decision by the City Council on an appeal taken pursuant to this Section, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date such decision is rendered by the City Council. 3.Vice Mayor 2-10.080 - Presiding officers. (a)The presiding officer of the City Council shall be the Mayor, or in his or her absence, the Mayor pro tempore (also referenced as “Vice Mayor”). He or she shall take the chair precisely at the hour appointed for the meeting and shall immediately call the City Council to order. In the absence of the Mayor or Mayor pro tempore, the City Clerk shall call the City Council to order, whereupon, a temporary presiding officer shall be elected by the Council members present. Upon the arrival of the Mayor or Mayor pro tempore, the temporary presiding officer shall immediately relinquish the chair upon the conclusion of the particular business immediately before the Council at that time. Wherein this Article the term mayor is used, it shall apply equally to the presiding officer as defined in this Section. 4.Commissioner Qualifications Article 2-12 – CITY COMMISSIONS 2-12.020 – Qualifications. (a)Except as provided in Section 2-12.20(b), all Commissioners shall: 1.Be a resident of the City of Saratoga; 2.Be a registered voter of the City of Saratoga; 3.Prior to being interviewed for appointment to a Commission, have attended at least one meeting of the Commission to which appointment is being sought; 4.3.Not hold any elected public office in any jurisdiction, any place or position of employment with the City of Saratoga; and 5.4.Satisfy any additional eligibility requirements specified in the ordinance or resolution establishing the Commission. 95 Ordinance No. Page 6 5.Commission Rules and Procedures 2-12.080 - Rules of procedure. (d)In addition to the rules made applicable to Commissions as specified in paragraph (a) of this Section, each Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly and efficient conduct of its business which are not inconsistent with the provisions of this Code or policies otherwise adopted by the City Council. 2-15.050 - Rules of procedure. (c)Adoption of rules and procedures. In addition to the rules made applicable to the Planning Commission as specified in Paragraph (a) of this Section, the Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly and efficient conduct of its business which are not inconsistent with the provisions of this Code or policies otherwise adopted by the City Council. 6.Appeal Hearings 3-10.070 – Appeal hearing. (c)After considering all of the testimony and evidence submitted at a hearing, the Hearing Officer shall issue a final decision at the conclusion of the hearing or within fifteen (15) thirty (30)calendar days to uphold or overturn the provisions contained in the notice and shall state the reasons thereof. If the notice is upheld and the violation has not been fully corrected as of the date of the hearing, the Hearing Officer shall order correction thereof in the decision and state deadline(s) to complete such action(s). The decision of the Hearing Officer shall be final. All applicable fines shall become immediately due and owing to the City in the full amount and if not paid may be collected as provided in this Code or by any other lawful method available to the City. If the Hearing Officer grants the appeal in full, the City shall return any appeal fee. 7.Transient Occupancy Tax 5-25.070 – Reporting and remitting. Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the Tax Administrator, make a return to the Tax Administrator, on forms provided by him, of the total rents charged and received and the amount of tax collected for transient occupancies. All records, returns and payments submitted by each operator shall be treated as confidential by the Tax Administrator and all persons having an administrative duty under this Articleand shall not be released except upon order of a court of competent jurisdiction or to an officer or agent of the United States, the State of California, the County of Santa Clara or the City of 96 Ordinance No. Page 7 Saratoga for official use only.At the time the return is filed, the full amount of tax collected shall be remitted to the Tax Administrator. The Tax Administrator may establish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax and he may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this Article shall be held in trust for the account of the City until payment thereof is made to the Tax Administrator. 8.Review of Emergency Declarations 6-05.050 – Director of Emergency Services. (b)The Director of Emergency Services is hereby empowered to: (1)Proclaim the existence of a "local emergency," or, if time permits, request the City Council to do so at a duly noticed meeting. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The City Council shall review the need for continuing the local emergency at least once every thirty days or such other period as may be determined by a resolution of the City Council until the City Council terminates the local emergency. The City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant. (2)Request the governor to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (3)Develop the Emergency Operations Plan with the assistance of emergency service chiefs for consideration by the Disaster Council, develop ancillary emergency plans as needed, and manage the emergency programs of the City. (4)Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this Article. (5)Direct cooperation between and coordination of services and staff of the emergency organization of the City and resolve questions of authority and responsibility that may arise between them. (6)Manage the emergency programs of the City with the assistance of City staff and emergency service chiefs. (7)Authorize City employees to perform any of the functions listed in subsections (b)(3) through (6). 9.Leaf Blowers 7-30.051 – Leaf blowers. Beginning October 1, 2019, the The use of any leaf blower other than a certified leaf blower, as defined by this article, is prohibited. 97 Ordinance No. Page 8 7-30.060 – Exceptions for specific activities. (b)Beginning October 1, 2019 certified Cerified leaf blowers may be used or operated Monday through Friday between 8:00 A.M. and 5:00 P.M., on Saturdays between 10:00 A.M. and 5:00 P.M., and may not be used on Sundays. 10.Heritage Commission Powers & Duties 13-10.040 – Powers and Duties (e)Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any heritage resource. The Commision's Commission’s comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. 11.Cross-references to California Civil Code 14-10.320 Subdivision. (a)"Subdivision" means the division, by any subdivider, of any parcel or parcels of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a single unit or as contiguous units, for the purpose of sale, lease, financing or construction of improvements thereon, whether immediate or future. Property shall be considered as contiguous units even if separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 4125 of the State Civil Code, a community apartment project, as defined in Section 11004 of the State Business and Professions Code, or the conversion of existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the State Business and Professions Code. "Subdivision" also includes any division of land by gift, inheritance, or partition in kind. 14-25.080 Park and recreation dedication and fees. (c)Fees in lieu of land dedication. In the event there is no park or recreational facility designated as described in subsection (b), above, or in the event that the proposed subdivision contains fifty or less parcels, then the subdivider or owner shall pay a fee to the City in lieu of dedicating land, which shall be in an amount equal to the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to paragraph (b) of this Section. If a condominium project, stock cooperative, or community apartment project (as defined in California Civil Code § 13514105) exceeds fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty. "Fair market value", as used herein, shall be product of: 98 Ordinance No. Page 9 (1)The estimated cost of parkland in Saratoga as determined by the City Council; and (2)The amount of land that would be required to be dedicated pursuant to subsection (b), above. 14-75.020 Definitions. (b)Community housing means and includes a condominium project as defined in Section 1350 4125 of the Civil Code, containing two or more condominiums; a community apartment project as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy; and a stock cooperative, as define defined in Section 11003.2 of the Business and Professions Code, containing two or more rights of exclusive occupancy. 14-75.040 Information to accompany tentative map application. (a)Copies of proposed organizational documents, which shall include, or be accompanied by the following: (1)Plan for conveyance of units. (2)Plan for assignment of parking and management of common areas within the project. (3)Proposed annual operating budget containing a sinking fund to accumulate reserves to pay for major maintenance repair or replacement expenses. (4)FHA regulatory agreement, if any. (5)If a condominium, copy of proposed site plan as required by Civil Code Section Sections 13514000, et seq. (6)CC&R's to include proviso for penalties on late payment of annual assessments and reasonable attorneys' fees and costs in the event of default in payment thereof. 12.Parkland Dedication 14-25.080 Park and recreation dedication and fees. (g)Credit for private open space. Where a private open space for park and recreational purposes is provided in a proposed common interest development (as defined by California Civil Code § 1351) subdivision or site and such space is to be privately owned and maintained by future residents of the development, a credit not to exceed fifty percent may be given against the requirement of dedication for park and recreation purposes or payment of fees in lieu thereof, provided the City Council finds that it is in the public interest to do so, and that the following standards are met: (1)That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and (2)That the private ownership and maintenance of the open space is adequately provided for by written agreement, conveyance or restrictions; and 99 Ordinance No. Page 10 (3)That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision or site and which cannot be defeated or eliminated without the consent of the City Council; and (4)That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and (5)That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan and are approved by the City Council. (h)Amendment to Map Act. In the event the Map Act should in the future be amended to expand or change the permitted uses of land dedicated or in lieu [of]of fees laid paid under this Section, such purposes shall control and the limitations set forth in this Section to the extent they are inconsistent with the amended Map Act, shall no longer have any force or effect. 13.Tree Removal Permits 15-50.070 - Application for permit. (e) Application fee. Fees shall be charged as set forth in the City's fee schedule. No fee shall be required for a permit to remove a fallen or dead tree or for a tree species and location identified in Section 15-50.080(a) (11) or (12) provided that tree replacement requirements as a condition of the tree removal permit are met . 15-50.080 – Determination on Permit (a)Criteria. Each application for a tree removal,pruning,or encroachment permit shall be reviewed and determined on the basis of the following criteria: [No changes to items (1)-(11).] 14.Notice of Planning Commission Public Hearings 15-85.050 – Public Hearing by Planning Commission; Notice. The Planning Commission shall hold at least one public hearing on the proposed amendment. Notice of the time and place of such hearing shall be given as follows: (a)Where the amendment is to change the boundaries of a district or General Plan land use designation or to reclassify any property from one district or General Plan land use designation to another or to change the permitted or conditional use of a specific site, notice shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing the notice, postage prepaid, to all owners whose property is the 100 Ordinance No. Page 11 subject of such boundary change, reclassification or change of use, and to persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the property which is the subject of the amendment, and, for amendments to zoning districts or General Plan designations or property reclassifications, to all persons whose names appear on the latest available assessment roll of the County as owning property within the City of Saratoga. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. 15.Appeals by City Council Members 15-90.065 - Appeal upon initiative of City Councilmembers. Regardless of whether a notice of appeal is filed pursuant to Sections 15-90.040(b) and 15- 90.050(b), any two members of the City Council may initiate proceedings for review by the City Council of any decision made by the Planning Commission, which is appealable under this Article. A request for such review shall be made by at least two Councilmembers to the City Clerk during any regular or special meeting of the City Council held within fifteen days after the date on which the decision is rendered or, if no regular or adjourned meeting is held during that fifteen-day period, at the next regular or adjourned meeting of the City Council. Upon such review being initiated, the same procedure shall thereafter be followed as set forth in this Article and the City Council may take any action as provided in Section 15-90.070(c). 16.Automatic sprinkler requirements for new construction. Article 16-18 – Residential Building Code 16-18.025 – Automatic Sprinklers. Section R313.1 is amended to read: R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in all new townhouses and in existing townhouses when additions are made that increase the building area to more than 3,600 square feet. Exception: One or more additions made to a building after January 1, 2011, that does not total more than 1,000 square feet of building area. Section R313.2 is amended to read: R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings as follows: 1. In all new one- and two-family dwellings and in existing one- and two-family dwellings when additions are made that increase the building area to more than 101 Ordinance No. Page 12 3,600 square feet whether by increasing the area of the primary residence or by creation of an attached Accessory Dwelling Unit. 2. In all existing one-and two-family dwellings that meet the definition of a "demolition" of the structure per City of Saratoga Municipal Code Section 15- 06.195. 3. In all attached Accessory Dwelling Units, additions or alterations to an existing one- and two-family dwelling that have an existing fire sprinkler system. 4. In all new basements and in existing basements that are expanded by more than 50%. Exceptions: 1.One or more additions made to a building after January 1, 2011, that does not total more than 1,000 square feet of building area and meets all access and water supply requirements of Chapter 5 and Appendix B and C of the 2019 California Fire Code. 2.Detached Accessory Dwelling Units, provided that all of the following are met: 2.1 The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2 2.2 The existing primary residence does not have automatic fire sprinklers. 2.3 The accessory detached dwelling unit does not exceed 1, 200 square feet in size. 2.4 The unit is on the same lot as the primary residence. 2.5 The unit meets all access and water supply requirements of Chapter 5 and Appendix B and C of the 2019 California Fire Code. 3.In all new basements and in existing basements that are expanded by more than 50%. End of Amendments 102 SARATOGA CITY COUNCIL MEETING DATE:November 3, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Kayla Nakamoto, Administrative Analyst SUBJECT:Youth Commission Fundraising Plan 2021/22 RECOMMENDED ACTION: Approve the Youth Commission Fundraising Plan 2021/22 to collect small monetary donations at events and seek donations to support Youth Commission activities. BACKGROUND: On September 15, 2021, the City Council approved the Youth Commission’s work plan for the 2021/22 school year. The work plan includes three key focuses this school year, which are inclusion, unplugging, and providing social opportunities for youth and teens in Saratoga.The Commission hopes to fundraise to support their work efforts. Per the City of Saratoga Donation Policy, adopted via Resolution 15-017, Commissions must submit a Fundraising Plan for City Council consideration before soliciting donations more than $500. Consequently, the Youth Commission is requesting City Council approval of its proposed fundraising plan for Fiscal Year 2021/22. Proposed fundraising efforts include accepting small monetary donations during events. For example, in the past the Youth Commission has had a donation jar when hosting activities at events such as the Tree Lighting Ceremony. Additionally, the Commission is seeking permission to request donations from individuals and organizations interested in supporting Youth Commission activities by donating goods or making a financial contribution. For example, local retailers may wish to donate prizes for Walk-One-Week or a resident may offer a monetary donation that can be used to purchase Walk-One-Week prizes. As required by the City’s Donation Policy, donation receipts will be issued for any donations over $100. Additionally, any restricted donation of more than $500 or unrestricted donation of more than $5,000 will be brought to the City Council for consideration. Restricted donations are defined as any donation where the donor has limited use of the donation for a specific purpose. A donation is unrestricted if the donor has placed no limitations on the use of the donation. No special donor recognitions are planned in the Youth Commission’s proposed fundraising plan as most donations are expected to be small, but donors may request special recognitions that will be considered for larger donations and presented to the City Council for authorization. 103 ATTACHMENTS: Attachment A – Fundraising Plan Attachment B – Donation Policy 104 CityofSaratogaFundraisingPlan FundraisingPlanTitle&Purpose:Pleaseprovideatitleanddescriptionforyourfundraising project. FundraisingParticipants:Pleaselistthenamesforallgroupsandindividualsthatwill be conductingfundraising. DonationType/Amount:Pleasedescribethetypesandamountofdonationsthatwillbe sought. AnticipatedDonors:Pleasedescribewhowillbeapproachedfordonations. DonorRecognitionPlan:Pleasedescribehowdonorswillberecognized. FundraisingTimeline: CouncilReviewofFundraisingPlan: FundraisingStart: FundraisingCompletion: CouncilReviewofDonations: DonorRecognitionComplete: Restrictions/Reporting:Pleaseidentifyanyrestrictionsorreportingrequirements associatedwiththisfundraisingplan. Youth Commission Fundraising Plan. * Collection of small monetary donations at various events to support Youth Commission activities * Solicitation of donations to support Youth Commission activities 2021/22 Youth Commission & City Staff Liaison. Donations are expected to be monetary and goods or in-kind. The amount is expected to exceed $500. Community members, local businesses, and any other agency interested in supporting the Youth Commission. No donor recognition planned. Donors may request special recognition, which will be considered on a case by case basis. 11/3/2021 11/4/2021 06/30/2022 As needed, if applicable. N/A N/A 105 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 1 of 8 City of Saratoga Donation Policy I. Purpose Members and supporters of the Saratoga community from time to time wish to support the community by making donations to the City of Saratoga. The City Council appreciates this generosity and has adopted this policy regarding donations to the City of Saratoga, including City departments and City sponsored programs, activities, and events. (This policy is distinct from the Employee Gifts Policy, which provides City of Saratoga employees with a clear standard about when it is acceptable and prohibited to accept gifts from a member of the public, a business, an organization, or other entity.) II. Definitions 1. Donation: a contribution made to the City without expectation of goods, services, or significant benefit or recognition in return. Donations may be in the form of money or in-kind contributions of products, services, investment securities, real property (land), or any combination thereof. A donation may be unrestricted, where the donor has placed no limitation on its use, or restricted, where the donor has restricted its use to a specified purpose. Donations that, if accepted, would obligate the City to enter into a service, procurement, or other agreement shall not be considered a donation. Grants to the City from a local, state, or federal agency are not subject to this policy. 2. Donor: Any organization or individual who provides the City with a donation. 3. Donation Agreement: An agreement between the City and the donor that details any restrictions on a donation as well as the respective obligations of the donor and the City. 4. Fundraising: Any activity conducted with the intent of generating donations to the City. Fundraising activities may include, but are not limited to, promoting endowment programs, program adoption or pledge drives, and contacting individuals, companies, foundations, or other entities with a request for a donation to the City. III. General Provisions 1. The City welcomes unrestricted donations as well as restricted donations that enhance City services, reduce costs that the City would incur in the absence of the donation, or that otherwise provide a benefit to the City. The City may decline any donation without comment or cause. 106 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 2 of 8 2. Donors shall not expect, nor shall the City grant, any extra consideration to the donor in relation to City procurement, regulatory matters, or any other business, services, or operations of the City. To avoid the possible appearance of extra considerations, members of the Planning and Heritage Preservation Commissions and staff of the Community Development Department are not authorized to solicit donations to the City. 3. No City Council member, Commissioner, employee, or volunteer shall solicit donations in excess of $500 in money or in-kind services for any City project, program, activity, or event (“supported activity”) unless the City Council has approved a fundraising plan for the supported activity. A recommended form for a fundraising plan is attached as Exhibit A to be revised as appropriate for the fundraising goal and type of supported activity in question. 4. Donations must be directly related to providing goods or services to the public or for another valid public purpose. Donations may not be used for personal financial gain of any City elected or appointed official or employee. 5. The net benefit of a donation should be considered when determining whether to accept a donation. Net benefit includes all lifecycle costs of ownership, including maintenance, repair, clean-up, administrative, and any potential liability or expenses that may be associated with the donation. a. Donations may not be used to implement new on-going programs or services unless a permanent source of revenue is identified to support the program or service. b. Potential costs and liabilities should be considered if a donation of personal property or of a service does not include the same indemnification, insurance, bonding, or warranties that the City would normally receive through procurement of personal property or services. c. Real property may be donated to the City provided that it will not expose the City to an unreasonable risk of litigation or liability, because of the physical condition of the property or existence of claims, liens, and encumbrances against the property. 6. Council members and other City officials are responsible for reporting fundraising activities and donations as required by applicable laws and regulations. IV. Procedures 1. Unrestricted donations of $5,000 or less may be accepted or declined by the City Manager. Restricted donations of $500 or less may be accepted or declined by the 107 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 3 of 8 City Manager. Unrestricted donations of more than $5,000 and restricted donations of more than $500 must be brought to the City Council for consideration. 2. The City Manager may choose to request City Council consideration of any donation, regardless of value. 3. The City Council shall consider proposed donations beyond the authority of the City Manager set forth above and proposed donations referred to it by the City Manager. The City Council may accept or decline any donation at its sole discretion. 4. All donations will receive appropriate recognition as determined by the City Manager or City Council at the time the donation is accepted, taking into consideration the nature and level of the donation. Upon request of the donor or if specified in a City- initiated request for donors, limited forms of promotional activity (such as logo or name placement on signs, flyers, and other materials related to a program or activity supported by the donation) are permitted. The appearance of traditional commercial advertising should be avoided and the size of donor recognition should be in keeping with the size of non-recognition information used in the materials. The agreed upon form of recognition should be identified in the donor receipt or a donation agreement. Any naming of City parks, property, or facilities shall follow the guidelines set forth in the City’s Policy Pertaining to Naming City-Owned Land and Facilities. 5. When donations with a value in excess of $100 are accepted or upon the request of the donor, the City will issue the donor a receipt indicating the amount of the donation or describing the goods or services donated within 30 days of receiving the donation. (In accordance with the Internal Revenue Code the City does not provide an estimated value of in-kind donations; donors may refer to IRS Publication 561 for more information on valuing donated property.) The donation receipt shall also include the date of the donation, the name of the donor, the purpose of the donation (if a restricted donation), a brief description of any public recognition that will be made by the City, and note that the donor received no goods or services in exchange. The original receipt shall be submitted to the donor and the City shall retain a copy. A sample donation receipt is attached as Exhibit B. 6. Before acceptance of a restricted donation valued at more than $500 or an unrestricted donation valued at more than $5,000, the respective obligations of the donor and the City shall be set forth in a donation agreement. A sample donation agreement is attached as Exhibit C. The City Manager or City Council may require donation agreements for donations valued at any amount. 108 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 4 of 8 7. The City shall maintain records for the receipt of all donations and shall comply with all reporting requirements and regulations including, but not limited to, FPPC Regulation 18944.2 Gifts to an Agency. For donations that were made at the behest of a City Council member that person shall determine whether a Form 803 (Behested Payments Report) is required pursuant to the Political Reform Act. 109 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 5 of 8 EXHIBIT A – FUNDRAISING PLAN FORM City of Saratoga Fundraising Plan Fundraising Plan Title & Purpose: Please provide a title and description for your fundraising project. Fundraising Participants: Please list the names for all groups and individuals that will be conducting fundraising. Donation Type/Amount: Please describe the types and amount of donations that will be sought. Anticipated Donors: Please describe who will be approached for donations. Donor Recognition Plan: Please describe how donors will be recognized. Fundraising Timeline: Council Review of Fundraising Plan: Fundraising Start: Fundraising Completion: Council Review of Donations: Donor Recognition Complete: Restrictions/Reporting: Please identify any restrictions or reporting requirements associated with this fundraising plan. 110 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 6 of 8 EXHIBIT B – SAMPLE DONATION RECEIPT City of Saratoga Donation Receipt This is to confirm that on __________________ [insert date] the City of Saratoga received from __________________________________________________ [insert donor name and address]: a monetary contribution of $_________________ a non‐monetary contribution consisting of [describe goods, services, property, securities, etc.]: No goods or services were provided by the City of Saratoga in return for the contribution. The City sincerely appreciates your donation. _______________________ Mary Furey Administrative Services Director City of Saratoga 111 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 7 of 8 EXHIBIT C – SAMPLE DONATION AGREEMENT City of Saratoga Standard Donation Agreement The undersigned Donor wishes to make a donation to the City of Saratoga as described in more detail below. Donor is (check and complete all that apply): donating $_________________________ in a lump sum donating $_________________________ in __________________ (monthly, quarterly, etc.) payments of $_________________________ in __________________ installments. donating the following (describe products, services, investment securities, real property, etc.): If this box is checked the City’s acceptance of the donation described above is subject to the conditions specified on Attachment 1. If this box is checked this donation is restricted to the following uses: City will publicly recognize donor by (describe recognition): If this box is checked this donation is being made at the behest of Council Member/Commissioner/City Staff Member __________________________. In connection with administering this agreement, Donor and City shall work through the following primary representatives: City of Saratoga Donor Primary Representative: Address: Telephone: Fax: Cell Phone: E-mail: 112 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 8 of 8 In addition to the foregoing, Donor and City understand and agree that: 1. The City will provide Donor with a donation receipt indicating the amount of the donation or estimated value of goods or services donated within 30 days of receiving the donation. 2. Donor’s contribution to the City will be recognized publicly as described above. 3. Except as provided above, the City may use the donation in any manner at its sole discretion and Donor has no right or obligation to control City’s use of the donation. 4. Donor has not and will not receive any goods or services in exchange for the donation and the City will not grant any extra consideration to the donor in relation to City procurement, regulatory matters, or any other business, services, or operations of the City. 5. Donor confirms that unless indicated otherwise above this donation is not made at the behest of a City Council Member or of any member of the Planning or Heritage Preservation Commissions or staff of the Community Development Department. IN WITNESS WHEREOF, the parties hereto have executed this agreement. Donor City of Saratoga James Lindsay, City Manager Name Title Date: Date: ATTEST: Crystal Bothelio, City Clerk Date: APPROVED AS TO FORM: Richard Taylor, City Attorney Date: 663906.5 113 SARATOGA CITY COUNCIL MEETING DATE:November 3, 2021 DEPARTMENT:Public Works Department PREPARED BY:Emma Burkhalter, Associate Engineer SUBJECT:Budget Resolution for Emergency Interim Landslide Repair on Mt Eden Road in the Amount of $75,000 and Approval of Contract with Cotton, Shires and Associates, Inc. for Geotechnical Exploration and Slope Inclinometer Monitoring on Mt Eden Road Near Eden Valley Court for a Total Amount of $40,150 RECOMMENDED ACTION: 1.Approve a budget resolution to transfer $75,000 from the Hillside Stability Reserve and establish a new Capital Improvement Project for emergency interim landslide repair on Mt Eden Road. 2.Approve a contract with Cotton, Shires and Associates, Inc. (CSA)for geotechnical exploration and slope inclinometer monitoring at Mt Eden Road near Eden Valley Court, in the amount of $36,500, and authorize the City Manager to execute the same. 3.Authorize staff to execute change orders to the contract up to $3,650. BACKGROUND: In September 2021, City Staff was made aware of deep cracks forming on Mt Eden Road in an area just south of Eden Valley Court. This level of pavement distress is far beyond what is expected for a road with the lifespan and traffic volume of Mt Eden Road, which points to ground movement as the cause of the damage. Mt Eden Road is heavily used by cyclists, and therefore has an additional safety element which must be considered. While the road failing in this area is a nuisance for vehicles, the dips and wide cracking is unsafe for bicyclists, and immediate pavement restoration is needed for bicycle safety. The repair of this failed street section has an estimated cost of $75,000. Additional work may be required once the City learns the results of the geotechnical studies. The City’s Hillside Stability Reserve policy states: 114 Under the Committed Fund Balance classification, a Hillside Stability Reserve of $1 million is set aside to provide funding for unanticipated or unforeseen emergency or extraordinary costs related to hillside degradation, inclusive of slide prevention and mitigation, slide repair, and associated drainage and roadwork to [sic] must be commenced prior to the next fiscal year’s CIP Project funding availability. Use of the reserve requires an analysis be prepared and presented to the Council for approval, or in the event of a landslide requiring immediate emergency work, the Public Works Director may direct use of up to 10% of the reserve to make emergency repairs and mitigate further damage until Council takes action. Reserve funding is to be used for emergency work which exceeds operational funding provided for in the Operations Budget. Upon use, refunding of the reserve shall be provided from year-end net operations, in full if funding is available, or at a minimum in the amount of the $100,000 each fiscal year until the $1,000,000 reserve cap is reached. The Public Works Director has determined that these repairs constitute emergency work that is required to mitigate further damage. This mitigation is both to prevent the road from failure and to prevent injury to bicyclists. The photos in Attachment B show the severity of the cracks, which will only get worse if left untreated through the wet season, irrespective of further landslide movement. The operational funding provided for in the Operations Budget is insufficient to cover the cost of these repairs and the $75,000 requested is within the 10% of the existing reserve balance permitted for this use per the policy above. It is therefore recommended that City Council approve the budget resolution to transfer $75,000 from the Hillside Reserve and establish a Capital Improvement Project for emergency interim landslide repair on Mt Eden Road. The City’s geology consultants Cotton, Shires and Associates (CSA) have proposed three deep borings and the installation of three inclinometers to evaluate the depth and monitor the rate of the movement of the landslide and/or soil creep. City Staff received a proposal in the amount of $36,500 from CSA for geotechnical exploration and one year of slope inclinometer monitoring. It is therefore recommended that City Council approve the contract with CSA and authorize staff to execute change orders to the contract up to $3,650. ATTACHMENTS: Attachment A – Budget Resolution Attachment B – Photos of Road Hazards Attachment C – CSA Mt Eden Road Contract 115 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO CREATE A NEW CIP HILLSIDE STABILIZATION REPAIR PROJECT WITH FUNDING FROM THE HILLSIDE STABILITY RESERVE WHEREAS, an extensive section of Mt. Eden Road has failed, making the roadway unstable; and WHEREAS, the City Council desires to maintain the City’s hillside roadways and retaining walls and has set aside funds in the Hillside Stability Reserve “for unanticipated or unforeseen emergency or extraordinary costs related to hillside degradation, inclusive of slide prevention and mitigation, slide repair, and associated drainage and roadwork”, and WHEREAS, the City Council desires to utilize this Fund Balance Reserve for the Mt. Eden Road Emergency Interim Landslide Repair Project to repair and stabilize the roadway without delay, and WHEREAS,it is necessary to set up new CIP project in the budget for the Mt. Eden Road Emergency Interim Landslide Repair Project, and WHEREAS, it is necessary to adjust the Fiscal Year 2021/22 Operating and Capital Improvement Budget as follows; Account Description Account Number Increase Decrease To appropriate the transfer out of the General Fund’s Hillside Stability Reserve to the Mt. Eden Road Emergency Interim Landslide Repair CIP project : Transfer Out 111.8101.99999 $ 75,000 To appropriate the transfer in of funding and increase the expenditure appropriations for the Mt. Eden Road Emergency Interim Landslide Repair CIP project: Transfer in 411.xxxx-xxx.49999 $ 75,000 Expenditure 411.xxxx-xxx.81161 $ 75,000 NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga hereby approves setting up a new Mt. Eden Road Emergency Interim Landslide Repair Project in Fiscal Year 2020/21 and approves the above adjustments to the Fiscal Year 2021/22 Operating and Capital Improvement Budget. 116 BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 3rd day of November 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Yan Zhao, Mayor City of Saratoga Attest: _______________________ Britt Avrit, City Clerk 117 Attachment B – Photos of Road Hazards 118 119 120 121 122 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW 3DJHRI City of Saratoga Standard Services Contract 7KLVDJUHHPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJDDPXQLFLSDO FRUSRUDWLRQ³&LW\´DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB ³&RQWUDFWRU´ZKRDJUHHWKDW 1. Purpose of Contract. 7KLVLVDFRQWUDFWIRU 7KHSXUSRVHRIWKHFRQWUDFWLVPRUHVSHFLILFDOO\GHVFULEHGLQ([KLELW$RIWKLVDJUHHPHQW ³6FRSHRI:RUNDQG3D\PHQW7HUPV´,QWKHHYHQWRIDFRQIOLFWEHWZHHQWKHWHUPVRIWKLV DJUHHPHQWDQGWKH6FRSHRI:RUNRUDQ\RIWKHH[KLELWVUHIHUHQFHGLQWKLV([KLELW$WKHWHUPV RIWKHDJUHHPHQWVKDOOJRYHUQ 2. Term. 6WDUW'DWH(QG'DWH ,I6WDUW'DWHLVOHIWEODQNVWDUWGDWHZLOOEH GDWHODVWVLJQHGEHORZ 2UXSRQSURMHFWFRPSOHWLRQZKLFKHYHU RFFXUVILUVW 3. Payment&LW\VKDOOSD\&RQWUDFWRUIRUZRUNSURGXFWSURGXFHGDQGDQ\DXWKRUL]HG UHLPEXUVDEOHFRVWVSXUVXDQWWRWKLVDJUHHPHQWDQDPRXQWQRWWRH[FHHGWKHWRWDOVXPRI BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 7KLVFRQWUDFWLVDFKHFNRQH )L[HG$PRXQW&RQWUDFW±0RQWKO\,QYRLFHV )L[HG$PRXQW&RQWUDFW±'HOLYHUDEOH7DVN%DVHG,QYRLFHV 1RWWR([FHHG$PRXQW&RQWUDFW±+RXUO\6HUYLFHV 1RWWR([FHHGDPRXQW&RQWUDFW±7DVN%DVHG,QYRLFHV 6HH([KLELW$BBBBBBLQFRUSRUDWHGE\WKLVUHIHUHQFHIRUDGGLWLRQDOSD\PHQWWHUP LQIRUPDWLRQ &RQWUDFWRULVnot authorizedWRXQGHUWDNHDQ\HIIRUWVRULQFXUDQ\FRVWVZKDWVRHYHUXQGHUWKH WHUPVRIWKLVDJUHHPHQWXQWLOUHFHLSWRIDIXOO\H[HFXWHG3XUFKDVH2UGHUIURPWKH)LQDQFH 'HSDUWPHQWRIWKH&LW\RI6DUDWRJD Cotton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct Cotton, Shires and Associates, Inc. Geotechnical Exploration and Slope Inclinometer Monitoring at Mt. Eden Road near Eden Valley Court 10/20/2021 12/31/2023 36,500.00 ✔ ✔1 123 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW 3DJHRI 4. Contract Administration7KHDXWKRUL]HGUHSUHVHQWDWLYHVRI&LW\DQG&RQWUDFWRUIRU &RQWUDFWDGPLQLVWUDWLRQDUHOLVWHGEHORZ7KH&LW\¶VFRQWDFWSHUVRQLVWKH$GPLQLVWUDWRU Contractor: &RQWUDFWRU1DPH &RQWDFW3HUVRQ 6WUHHW$GGUHVV &LW\6WDWH=LS 7HOHSKRQHV )D[ (PDLO$GGUHVV 6DUDWRJD%XVLQHVV /LF City of Saratoga 'HSDUWPHQW &RQWDFW3HUVRQ 6WUHHW$GGUHVV &LW\6WDWH=LS 7HOHSKRQH )D[ (PDLO$GGUHVV 5. Insurance&RQWUDFWRUDJUHHVWRSURFXUHDQGPDLQWDLQLQVXUDQFHDVUHTXLUHGE\WKH SURYLVLRQVVHWIRUWKLQ([KLELW%&HUWLILFDWHVRIVXFKLQVXUDQFHDQGFRSLHVRIWKHLQVXUDQFH SROLFLHVDQGHQGRUVHPHQWVVKDOOEHGHOLYHUHGWR&LW\ZLWKLQWHQGD\VDIWHUEHLQJQRWLILHGRI WKHDZDUGRIWKHFRQWUDFWDQGEHIRUHH[HFXWLRQRIWKLVDJUHHPHQWE\WKH&LW\ 6. General Provisions.&LW\DQG&RQWUDFWRUDJUHHWRDQGVKDOODELGHE\WKHJHQHUDO SURYLVLRQVVHWIRUWKLQ([KLELW& Cotton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct Cotton, Shires and Associates, Inc. David T. Schrier 330 Village Lane Los Gatos, CA 95030-7218 1-408-354-5542 1-408-354-1852 dschrier@cottonshires.com BUS-007609 Public Works Department Emma Burkhalter 13777 Fruitvale Avenue Saratoga, CA 95070 1-408-868-1274 1-408-868-1274 eburkhalter@saratoga.ca.us 124 125 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW$ 3DJHRI City of Saratoga Services Contract Exhibit A – Scope of Work and Payment Terms &RQWUDFWRUVKDOOFRPSOHWHWKHVFRSHRIZRUNDQGLQYRLFHWKH&LW\LQDFFRUGDQFHZLWKWKH SD\PHQWWHUPVVKRZQEHORZ $1'256HH([KLELWV$LQFRUSRUDWHGE\WKLVUHIHUHQFH -End of Exhibit A - Cotton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct ✔1 126 Northern California Office Central California Office Southern California Office 330 Village Lane 6417 Dogtown Road 699 Hampshire Road, Suite 101 Los Gatos, CA 95030-7218 San Andreas, CA 95249-9640 Thousand Oaks, CA 91361-2352 (408) 354-5542 • Fax (408) 354-1852 (209) 736-4252 • Fax (209) 736-1212 (805) 370-8710 www.cottonshires.com COTTON, SHIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS September 29, 2021 P6631 By Email (eburkhalter@saratoga.ca.us) Emma Burkhalter P.E. Associate Engineer CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 SUBJECT: Proposal Geotechnical Exploration, and Slope Inclinometer Monitoring RE: Mt. Eden Road near Eden Valley Court - Slope Inclinometers Saratoga, California Dear Ms. Burkhalter: Cotton, Shires and Associates, Inc. (CSA) is pleased to provide the City with this proposal for geotechnical exploration, and slope inclinometer installation and monitoring of a distressed section of Mt Eden Road, located immediately south of the intersection with Eden Valley Court. We propose to drill and log three borings to depths of 40 to 60 feet, collect samples, perform pertinent laboratory testing, install inclinometer casing, and perform three monitoring cycles of the casing after initialization. This proposal includes an initial reading of the slope inclinometer casing two weeks after installation (i.e., initialization), and three additional readings at approximately 4-month intervals. We will provide the City with monitoring data following each subsequent monitoring visit. Collected data will help identify whether movement is occurring and allow for the development of mitigation measures, if appropriate, to stabilize the movement in the roadway. We will perform laboratory testing of collected samples in this initial phase to characterize the geotechnical properties of the subsurface materials. In summary, our investigation will include subsurface investigation, slope inclinometer installation, laboratory testing, and slope inclinometer monitoring. The CSA registration number with the State Department of Industrial Relations (DIR) is 1000032571. Contractor: Cotton, Shires and Associates, Inc.Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit A-1 Page 1 of 6 Exhibit A-1 127 Emma Burkhalter September 29, 2021 Page 2 P6631 COTTON, SHIRES AND ASSOCIATES, INC. SCOPE OF WORK I.Subsurface Geotechnical Investigation and Monitoring A.Borings - Three, 40- to 60-foot deep, exploratory boreholes will be drilled and logged in an area of roadway that has had on-going distress to evaluate the depth and rate of potential landsliding and/or soil creep and aid in our interpretation of subsurface conditions. We propose to drill the exploratory borings on the outboard (western) edge of the roadway. Locating the borings on the outboard side of the roadway will allow future monitoring to be performed without impacting traffic; however, it will be necessary to close the south- bound lane of the roadway during drilling. Traffic control will consist of a sub-contracted traffic-control company with flagmen and signs temporarily closing one lane, and providing controlled metered one lane of traffic for both directions. We assume that the City will notify the impacted residents. Selected samples will be collected to determine geotechnical properties of the underlying materials including shear strengths for potential grading and retaining wall design criteria. CSA will obtain the necessary encroachment permit from the City. B.Slope Inclinometer - The boreholes will be utilized for the installation of slope inclinometer casing to the depth explored in the borings, and protected with traffic rated utility boxes grouted in-place. The inclinometers will be initialized approximately two weeks after installation and three additional monitoring readings will be taken at approximately 4-month intervals after that. II.Geotechnical Engineering Analyses A.Laboratory Testing - Representative samples from the field exploration program will be tested for determining pertinent index characteristics, shear strength parameters. III.Reporting A.Reporting – After each inclinometer monitoring, we will email the City graphical plots of the inclinometer readings along with preliminary interpretation comments. Contractor: Cotton, Shires and Associates, Inc.Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit A-1 Page 2 of 6128 Emma Burkhalter September 29, 2021 Page 3 P6631 COTTON, SHIRES AND ASSOCIATES, INC. SCHEDULE Upon our receipt of a signed agreement, we will schedule a driller and have the underground utilities located (possibly by a private locating company) prior to our investigation. At this time, we anticipate that the investigation and initialization of the slope inclinometers will take approximately four to six weeks to complete from the date authorized, depending on drill rig availability. FEE We propose to invoice the City for our services on a time-and-expenses basis in accordance with our attached Schedule of Charges, minus a 10% City discount on CSA staff time. We estimate that the following fees for the corresponding tasks will be: Task Estimated Cost I. – Subsurface Geotechnical Investigation And Monitoring $29,500 II. – Geotechnical Engineering Analysis $4,500 And Laboratory Testing III. – Reporting $2,500 We will invoice the City on a monthly basis for Tasks I through III for a total amount not-to-exceed $36,500 without prior written approval. ASSUMPTIONS The proposed scope of work is based on the following assumptions: 1) we are provided with all available information regarding buried utilities or improvements prior to the drilling, and we will take every precaution, but COTTON, SHIRES AND ASSOCIATES, INC. assumes no responsibility for damage to unmarked utilities; 2) project services do not include an evaluation of the site for determining the presence or absence of wetlands or hazardous or toxic materials in the soil, bedrock, surface water, groundwater, or air, on, or below or around this site; 3) any delays/standby time due to conditions beyond our control such as security checks, site restrictions, obstructions at boring locations, etc. will be invoiced additionally on a time-and-expenses basis; 4) this investigation does not include a determination of sulfates or the corrosive nature of the soil, if such a determination is required we can provide one for an additional fee; 5) the spoils will be spread on the adjacent slopes; 6)the City will notify all residents affected by the lane closure necessary for drilling; 7) the Contractor: Cotton, Shires and Associates, Inc.Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit A-1 Page 3 of 6129 Emma Burkhalter September 29, 2021 Page 4 P6631 COTTON, SHIRES AND ASSOCIATES, INC. drill spoils will be left on the roadway shoulder; 8) the project is a Prevailing Wage job for the drillers and Traffic Control; and 9) these cost assume regular business hours for the field work (Monday to Friday, 8am to 5pm), any restrictions on work hours or requirements to work holidays or weekends will increase the costs; AGREEMENT If you agree with the Scope of Work, Schedule, and Fee outlined above, as well as the attached Schedule of Charges, please sign one copy of this proposal and return it to our office. Receipt of the signed proposal will constitute authorization for us to proceed. We look forward to providing you with the professional services discussed above. If you have any questions, or need additional information, please contact us. Very truly yours, COTTON, SHIRES AND ASSOCIATES, INC. David T. Schrier Principal Geotechnical Engineer GE 2334 Approved and Authorized By Date DTS:CS:st Attachment: Schedule of Charges, Limitations and Terms Contractor: Cotton, Shires and Associates, Inc.Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit A-1 Page 4 of 6130 COTTON, SHIRES AND ASSOCIATES, INC. SCHEDULE OF CHARGES, LIMITATIONS AND TERMS FOR PROFESSIONAL SERVICES (Page 1 of 2) January 2021 Personnel Charges Senior Principal Engineer/Geophysicist $ 310/hr Principal Geologist/Engineer $ 260/hr Supervising Geologist/Engineer $ 215/hr Senior Geologist/Engineer $ 190/hr Senior GIS Specialist $ 175/hr Senior Staff Geologist/Engineer $ 165/hr Staff Geologist/Engineer $ 150/hr Field/Laboratory Technician $ 125/hr Technical Illustrating $ 120/hr Clerical/Accounting $ 90/hr Equipment and Supply Charges Drone System $210/day Inclinometer System $ 210/day Piezometer Data Acquisition System $ 105/day Total Station Surveying Equipment $ 310/day GPS Surveying Equipment $ 410/day Nuclear Moisture/Unit Weight Gauge $ 155/day Rope Climbing Safety Equipment $ 260/day Multi-Channel Seismograph System and ReMi $ 310/day Vehicle Mileage (or Current IRS Approved Rate) $ .575/mi Aircraft Mileage (or Current GSA Approved Rate) $1.21/nmi Photocopying (B&W-Color) $ .20-.50/copy Engineering (Large Format) Copier $ .50/ft2 Computer Assisted Color Plotting $ 12/sq. ft. Expert Witness Consultation Charges Expert witness testimony for court appearances and binding arbitrations shall be charged on a daily basis (minimum one-half day increments) at a rate of $4,120 per day. Deposition testimony shall be charged at a rate of $515 per hour (minimum one hour charge). Preparation time for depositions or court appearances shall be charged on a time-and-expense basis in accordance with the Personnel, Equipment, and Expense charges listed herein. Laboratory Testing and Geophysical Service Charges Laboratory testing and geophysical services shall be charged on a time- and-materials basis in accordance with the Personnel, Equipment, and Expense charges listed herein. Laboratory samples shall be stored for 60 days after the date of final report submittal unless special arrangements are made for longer storage. Expense Charges (Receipted Costs Plus 15%) •Travel expenses including air fare, lodging, vehicle rental, etc. (either actual receipted costs plus 15% for meals or a flat subsistence charge of $72 per diem for overnight stay shall be charged in addition to the lodging cost) •Excavation subcontractors and expendable field supplies •Reproduction of drawings •Film, film development, and photograph printing •Special fees, permits, insurance, etc. •Conference call telephone costs •Special mail service (air, electronic, courier, etc.) •Special equipment rental •Special consultant fees Limitations and Terms for Professional Services AGREEMENT – This Schedule of Charges, Limitations and Terms for Professional Services as an attachment to a signed Proposal or Client Contract constitutes an “Agreement” between COTTON, SHIRES AND ASSOCIATES, INC. (CSA) and the Client. Client has authorized commencement of the work under this Agreement by signing the “Approved by” section of the Proposal or Contract. The Agreement is hereby incorporated and made part of the Contract between the parties. In consideration of the mutual Agreement set forth herein and intending to be legally bound, the parties hereto agree as to the following: Invoicing and Payment – Client shall pay CSA compensation as outlined in the Proposal or at the rates determined in the above Schedule of Charges and according to the payment terms below. Invoices may be prepared and submitted by CSA on a monthly basis or when the work is completed, at CSA’s option. Payment is due upon receipt and is past due thirty (30) days from date of invoice. A service charge of 1.5% per month, or the maximum amount allowed by law, will be charged on past due accounts. Payments by Client will thereafter be applied first to accrued interest and then to the principal unpaid balance. Any attorney fees, court costs, or other costs incurred in collection of delinquent accounts shall be paid by the Client. If payment of invoices is not current, CSA may suspend performing further work at no liability to CSA. Relationship between CSA and Client – CSA is retained by the Client to investigate and to consult with the Client regarding the Project, as defined in the Proposal. Client shall provide CSA in writing with all information relevant to the Project and shall advise CSA of any condition known to Client that may affect CSA’s performance under this Agreement. CSA’s services are for the benefit of the Client, but Client recognizes that the extent of those services is limited by the time-frame chosen and the funds expended by the Client for the investigation. CSA has no responsibility for the work product of any independent consultants required for the Client’s Project, nor for completeness, adequacy, or quality of said independent consultants’ work, or specialty work. Information Provided by Client – CSA and the Client shall discuss and agree upon the information needed for rendering of services hereunder. The Client agrees to provide to CSA all such information as agreed to be necessary. With respect to such information, the Client understands and agrees that CSA will rely solely upon the Client to ensure the accuracy and completeness thereof, as the Client recognizes that it is impossible for CSA to assure the accuracy, completeness and sufficiency of such information. Ownership of Documents and Proprietary Information – This proposal and all documents, including, but not limited to, drawings, specifications, computer disks, reports, calculations, and estimates, prepared by CSA in connection with this Agreement (“CSA Confidential Information”) are instruments of service and are intended for the sold use of the recipient hereof, and may not, except as otherwise described herein, be disclosed, distributed, or disseminated in any form without the prior written consent of CSA. The CSA Confidential Information is and shall remain the sole property of CSA. Client may distribute documents generated by CSA in connection with CSA’s services under this Agreement to third parties, provided that said third party agrees in writing to be bound by the confidentiality and ownership of documents provisions of this Agreement. The terms of this Section shall survive the termination of this Agreement. Contractor: Cotton, Shires and Associates, Inc.Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit A-1 Page 5 of 6131 CSA SCHEDULE OF CHARGES, LIMITATIONS AND TERMS FOR PROFESSIONAL SERVICES (Page 2 of 2) Public Liability -- COTTON, SHIRES AND ASSOCIATES, INC. is a California Corporation protected by Worker's Compensation Insurance (and/or Employer's Liability Insurance), and by Public Liability Insurance for bodily injury and property damage, and will furnish certificates thereof upon request. We assume the risk of damage to our own supplies and equipment. If your contract or purchase order places greater responsibilities upon us or requires further insurance coverage, we, if specifically directed by you, will procure additional insurance (if procurable) to protect us at your expense, but we shall not be responsible for property damage from any cause, including fire and explosion, beyond the amounts of coverage of our insurance. Standard of Care and Professional Liability -- In performing professional services, CSA shall use that degree of care and skill ordinarily exercised under similar circumstances by members of our profession at the time the services are performed. No other representation or warranty, express or implied, is made or intended in this Agreement, by our proposal for consulting services, by our furnishing oral opinion or written reports, or by our inspection or work. However, should we or any of our professional employees be found to have been negligent in the performance of professional services or to have made and breached any express or implied warranty, you agree that the maximum aggregate amount of your recovery against us and/or said professional employees shall be limited to $50,000 or the amount of the fee paid us for professional services as computed under the SCHEDULE OF CHARGES, whichever amount is greater. Moreover, client agrees to indemnify us against damages in excess of $50,000 or the amount of our fee, whichever amount is greater, arising from suits brought against us by third parties, in connection with our work performed on your project. Notices -- All notices in writing to be given hereunder by either party to the other party shall be served by letter or sent by facsimile. Assignment -- Neither this agreement nor the benefits or obligations under this Agreement shall be sold, assigned or transferred by either party to any third parties including subsidiary or affiliated companies without the prior written approval of the other party, with such approval not to be unreasonably withheld by either. In the event the approval is given by either for assignment or transfer, such an approval shall not relieve either from any liability and/or responsibility under the Agreement. Termination/Cancellation -- Client and CSA will have the right to terminate this Agreement for their convenience by giving ten (10) days prior written notice. After termination, CSA will be reimbursed for services rendered and necessary expenses incurred to the termination date upon submission to Client of detailed supporting invoices. The obligations of paragraphs 3, 4, and 6 remain in effect after termination. Change in Scope of Work -- If, during the performance of the work under this Agreement, it is determined that the scope of work has expanded or changed such that additional expenditures are required, the client shall be notified and approval from the client shall be received prior to the performance of the additional services. Dispute Resolution -- CSA and Client recognize that disputes arising under this Agreement are best resolved at the working level by the parties directly involved. Both parties are encouraged to be imaginative in designing mechanism and procedures to resolve disputes at this level. Such efforts shall include the referral of any remaining issues in dispute to higher authority within each participating party’s organization for resolution. Failing resolution of conflicts at the organizational level, CSA and Client agree that any remaining conflicts arising out of or relating to this Agreement shall be submitted to non-binding mediation unless CSA and Client mutually agree otherwise. If the dispute is not resolved through non-binding mediation, then the parties may take other appropriate action subject to the other terms of this Agreement. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the reasonable control of the other party, its employees or agents. Should litigation or arbitration occur between the parties relating to the provisions of this Agreement, all litigation or arbitration expenses, collection expenses, witness fees, court costs and attorneys’ fees reasonably incurred by the prevailing party shall be paid by the non-prevailing party. Governing Law -- The validity, performance, and construction of this Agreement, and the relationship between Client and CSA shall be governed and interpreted in accordance with the substantive laws of California, United States of America, without regard to its choice of law rules. This Agreement shall be construed as to its fair and not strictly for or against either party. Jobsite Safety – Neither the professional activities of CSA, nor the presence of CSA employees and CSA subconsultants at a construction site, shall relieve the contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health of safety precautions required by any regulatory agencies. CSA and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the general contractor and its various subcontractors are solely responsible for jobsite safety, and warrants that this intent shall be made evident where appropriate in the Client’s agreements with other contractors. If the Client is a Contractor or Subcontractor on the Project, the Client also agrees that the Client, CSA, and CSA’s consultants shall be indemnified and shall be made additional insureds under the client’s general liability insurance policy; in other cases, the Client agrees to arrange for this indemnification and additional insureds under the General Contractor’s general liability insurance policy. Field Exploration -- Unless otherwise agreed, the client shall furnish right-of-entry on land for planned field operations. The client shall also provide CSA with locations and depths of buried utilities and structures. CSA shall take responsible precautions to minimize damage to land from use of equipment, but our fee does not include cost of restoration of damage resulting from our exploration operations. CSA shall not be liable for damage or injury arising from damage to subterranean structures (pipes, tanks, telephone cables, etc.) which are not called to our attention and correctly shown on plans furnished to us. Miscellaneous – In the event of any litigation or proceeding involving CSA and Client, the prevailing party shall be entitled to recover its reasonable legal fees, expert fees, and normal employee rates and associated costs from the non-prevailing party. Failure by Client to object to any of the terms and conditions contained in this Agreement before the commencement of services by CSA will be deemed an acceptance of such terms and conditions. Notwithstanding anything to the contrary in this Agreement, CSA and Client agree that neither party shall be liable for any special, indirect, consequential, lost profits, or punitive damages. If any term, condition, or provision of this Agreement is found unenforceable by a court of law or equity, this Agreement shall be construed as though that term, condition, or provision did not exist, and its unenforceability shall have no effect whatsoever on the rest of this Agreement. Contractor: Cotton, Shires and Associates, Inc.Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit A-1 Page 6 of 6132 &RQWUDFWRU3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI City of Saratoga Services Contract Exhibit B – Insurance 7KHLQVXUDQFHUHTXLUHPHQWVOLVWHGEHORZWKDWKDYHDQ³9´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¶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¶H[WUDOLDELOLW\HQGRUVHPHQWWRH[WHQGFRYHUDJHWRDOOYHKLFOHVLQWKH FDUHFXVWRG\DQGFRQWURORIWKH&RQWUDFWRUUHJDUGOHVVRIZKHUHWKHYHKLFOHVDUHNHSW RUGULYHQ 3URIHVVLRQDO(UURUVDQG2PLVVLRQV/LDELOLW\³( 2´ZLWKFRYHUDJHDVLQGLFDWHG SHUORVVDJJUHJDWH SHUORVVDJJUHJDWH Cotton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct ✔ ✔ ✔ 133 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI :RUNHUV &RPSHQVDWLRQDVUHTXLUHGE\WKH6WDWHRI&DOLIRUQLDZLWKVWDWXWRU\OLPLWVDQG (PSOR\HU¶V/LDELOLW\,QVXUDQFHZLWKDOLPLWRIQROHVVWKDQSHUDFFLGHQWIRU ERGLO\LQMXU\RUGLVHDVH The Employer's Liability policy shall be endorsed to waive any right of subrogation against the City, its employees or agents. $OOVXEFRQWUDFWRUVXVHGPXVWFRPSO\ZLWKWKHDERYHUHTXLUHPHQWVH[FHSWDVQRWHGEHORZ *HQHUDO5HTXLUHPHQWV $VWRDOORIWKHFKHFNHGLQVXUDQFHUHTXLUHPHQWVDERYHWKHIROORZLQJVKDOODSSO\ 1. Insurance Provisions. 7KHSROLFLHVDUHWRFRQWDLQRUEHHQGRUVHGWRFRQWDLQWKH IROORZLQJSURYLVLRQV x 7KH&LW\LWVRIILFHUVRIILFLDOVHPSOR\HHVDJHQWVDQGYROXQWHHUVHDFKDQ³DGGLWLRQDO LQVXUHG´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¶VSROLF\VKDOOEH SULPDU\DQGQRQFRQWULEXWRU\DQG ZLOOQRWVHHNFRQWULEXWLRQIURPWKH&LW\¶VLQVXUDQFHRUVHOILQVXUDQFHDQGVKDOOEHDWOHDVW DVEURDGDV&*7KLVUHTXLUHPHQWGRHVQRWDSSO\WRHUURUVDQGRPLVVLRQV LQVXUDQFH x $Q\IDLOXUHWRFRPSO\ZLWKUHSRUWLQJSURYLVLRQVRIWKHSROLFLHVVKDOOQRWDIIHFWFRYHUDJH SURYLGHGWRWKH&LW\LWVRIILFHUVRIILFLDOVHPSOR\HHVRUYROXQWHHUV x 7KH&RQVXOWDQW¶VLQVXUDQFHVKDOODSSO\VHSDUDWHO\WRHDFKLQVXUHGDJDLQVWZKRPFODLPLV PDGHRUVXLWLVEURXJKWH[FHSWZLWKUHVSHFWWRWKHOLPLWVRIWKHLQVXUHU VOLDELOLW\ 2. Deductibles and Self Insured Retentions. $Q\GHGXFWLEOHVRUVHOILQVXUHGUHWHQWLRQV PXVWEHGHFODUHGWRDQGDSSURYHGE\WKH&LW\$WWKHRSWLRQRIWKH&LW\HLWKHUWKHLQVXUHU VKDOOUHGXFHRUHOLPLQDWHVXFKGHGXFWLEOHVRUVHOILQVXUHGUHWHQWLRQVDVUHVSHFWVWKH&LW\LWV RIILFHUVRIILFLDOVDQGHPSOR\HHVRUWKH&RQVXOWDQWVKDOOSURFXUHDERQGJXDUDQWHHLQJ SD\PHQWRIORVVHVDQGUHODWHGLQYHVWLJDWLRQVFODLPDGPLQLVWUDWLRQDQGGHIHQVHH[SHQVHV7KH OLPLWVRILQVXUDQFHUHTXLUHGLQWKLVDJUHHPHQWPD\EHVDWLVILHGE\DFRPELQDWLRQRISULPDU\DQG Cotton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct ✔ 134 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI XPEUHOODRUH[FHVVLQVXUDQFH$Q\XPEUHOODRUH[FHVVLQVXUDQFHVKDOOFRQWDLQRUEHHQGRUVHGWR FRQWDLQDSURYLVLRQWKDWVXFKFRYHUDJHVKDOODOVRDSSO\RQDSULPDU\DQGQRQFRQWULEXWRU\EDVLV IRUWKHEHQHILWRI&LW\LIDJUHHGWRLQDZULWWHQFRQWUDFWRUDJUHHPHQWEHIRUHWKH&LW\¶VRZQ LQVXUDQFHRUVHOILQVXUDQFHVKDOOEHFDOOHGXSRQWRSURWHFWLWDVDQDPHGLQVXUHG 3. Waiver of Subrogation.&RQVXOWDQWKHUHE\JUDQWVWR&LW\DZDLYHURIDQ\ULJKWWR VXEURJDWLRQZKLFKDQ\LQVXUHURI&RQVXOWDQWPD\DFTXLUHDJDLQVW&LW\E\YLUWXHRIWKHSD\PHQW RIDQ\ORVVXQGHUVXFKLQVXUDQFH&RQVXOWDQWDJUHHVWRREWDLQDQ\HQGRUVHPHQWWKDWPD\EH QHFHVVDU\WRHIIHFWWKLVZDLYHURIVXEURJDWLRQEXWWKLVSURYLVLRQDSSOLHVUHJDUGOHVVRIZKHWKHU &LW\KDVUHFHLYHGDZDLYHURIVXEURJDWLRQHQGRUVHPHQWIURPWKHLQVXUHU 4. Verification of Coverage.&RQVXOWDQWVKDOOIXUQLVKWKH&LW\ZLWKRULJLQDOFHUWLILFDWHVDQG DPHQGDWRU\HQGRUVHPHQWVHIIHFWLQJFRYHUDJHUHTXLUHGE\WKLV([KLELW$OOFHUWLILFDWHVDQG HQGRUVHPHQWVDUHWREHUHFHLYHGDQGDSSURYHGE\WKH&LW\EHIRUHZRUNFRPPHQFHV7KH&LW\ UHVHUYHVWKHULJKWWRUHTXLUHDWDQ\WLPHFRPSOHWHFHUWLILHGFRSLHVRIDOOUHTXLUHGLQVXUDQFH SROLFLHVLQFOXGLQJHQGRUVHPHQWVHIIHFWLQJWKHFRYHUDJHUHTXLUHGE\WKHVHVSHFLILFDWLRQVDQG IDLOXUHWRH[HUFLVHWKLVULJKWVKDOOQRWFRQVWLWXWHDZDLYHURIDQ\RI&LW\¶VULJKWVSXUVXDQWWRWKLV DJUHHPHQW 5. Maintenance of Coverage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laims Made Policies.,IDQ\RIWKHUHTXLUHGSROLFLHVSURYLGHFODLPVPDGHFRYHUDJH WKHFRYHUDJHVKDOOEHPDLQWDLQHGIRUDSHULRGRIILYH\HDUVDIWHUFRPSOHWLRQRIWKHFRQWUDFW &RQVXOWDQWPD\VDWLVI\WKLVUHTXLUHPHQWE\UHQHZDORIH[LVWLQJFRYHUDJHRUSXUFKDVHRIHLWKHU SULRUDFWVRUWDLOFRYHUDJHDSSOLFDEOHWRVDLGILYH\HDUSHULRG 7. Acceptability of Insurers.,QVXUDQFHLVWREHSODFHGZLWKLQVXUHUVZLWKD%HVW¶VUDWLQJRI QROHVVWKDQ$9,, 8. Subcontractors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¶VVXEFRQWUDFWZLWKVXEFRQWUDFWRU&RQVXOWDQWVKDOOUHTXLUHDOOVXEFRQWUDFWRUVWR SURYLGHDYDOLGFHUWLILFDWHRILQVXUDQFHDQGWKHUHTXLUHGHQGRUVHPHQWVLQFOXGHGLQWKHDJUHHPHQW SULRUWRFRPPHQFHPHQWRIDQ\ZRUNDQGZLOOSURYLGHSURRIRIFRPSOLDQFHWRWKH&LW\ Cotton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct 135 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI 9. Special Risks or Circumstances.&LW\UHVHUYHVWKHULJKWWRPRGLI\WKHVHUHTXLUHPHQWV LQFOXGLQJOLPLWVEDVHGRQWKHQDWXUHRIWKHULVNSULRUH[SHULHQFHLQVXUHUFRYHUDJHRURWKHU VSHFLDOFLUFXPVWDQFHV -End of Exhibit B- Cotton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct 136 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI City of Saratoga Services Contract Exhibit C – General Provisions 1. INDEPENDENT CONTRACTOR. &LW\UHTXLUHVWKHVHUYLFHVRIDTXDOLILHGFRQVXOWDQW WRSURYLGHWKHZRUNSURGXFWGHVFULEHGLQ([KLELW$EHFDXVHLWODFNVWKHTXDOLILHG SHUVRQQHOWRSURYLGHWKHVSHFLILHGZRUNSURGXFW&RQVXOWDQWLVTXDOLILHGWRSURYLGHWKH UHTXLUHGZRUNSURGXFWDQGLVDJUHHDEOHWRSURYLGLQJVXFKZRUNSURGXFWRQWKHWHUPVDQG FRQGLWLRQVLQWKLVDJUHHPHQW 1.1 In General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¶V ZRUNRQO\DQGQRWDVWRWKHPHDQVE\ZKLFKVXFKDUHVXOWLVREWDLQHG 1.2 Non-Exclusive Contract.1RWKLQJFRQWDLQHGLQWKLVDJUHHPHQWVKDOOEH FRQVWUXHGDVOLPLWLQJWKHULJKWRI&RQVXOWDQWWRHQJDJHLQ&RQVXOWDQW VSURIHVVLRQ VHSDUDWHDQGDSDUWIURPWKLVDJUHHPHQWVRORQJDVVXFKDFWLYLWLHVGRQRWLQWHUIHUH RUFRQIOLFWZLWKWKHSHUIRUPDQFHE\&RQVXOWDQWRIWKHREOLJDWLRQVVHWIRUWKLQWKLV DJUHHPHQW,QWHUIHUHQFHRUFRQIOLFWZLOOEHGHWHUPLQHGDWWKHVROHGLVFUHWLRQRIWKH &LW\ 1.3 Standard of Care.&RQVXOWDQWVKDOOFRPSOHWHWKH6FRSHRI:RUNUHTXLUHG SXUVXDQWWRWKLVDJUHHPHQWLQWKHPDQQHUDQGDFFRUGLQJWRWKHVWDQGDUGVREVHUYHG E\DFRPSHWHQWSUDFWLWLRQHURIWKHSURIHVVLRQLQZKLFK&RQVXOWDQWLVHQJDJHGLQ WKHJHRJUDSKLFDODUHDLQZKLFK&RQVXOWDQWSUDFWLFHVLWVSURIHVVLRQ$OOZRUN SURGXFWRIZKDWVRHYHUQDWXUHZKLFK&RQVXOWDQWGHOLYHUVWR&LW\SXUVXDQWWRWKLV DJUHHPHQWVKDOOEHSUHSDUHGLQDVXEVWDQWLDOILUVWFODVVDQGZRUNPDQOLNHPDQQHU DQGFRQIRUPWRWKHVWDQGDUGVRITXDOLW\QRUPDOO\REVHUYHGE\DSHUVRQSUDFWLFLQJ LQ&RQVXOWDQW¶VSURIHVVLRQ 1.4 Qualifications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otton, Shires and Associates, Inc. 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WORK PRODUCT AND RECORDS 10.1 Property of City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otton, Shires and Associates, Inc. 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otton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct 142 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±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eneral Indemnity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uty to Defend.,QDGGLWLRQWR&RQVXOWDQW¶VREOLJDWLRQWRLQGHPQLI\&LW\ &RQVXOWDQWVKDOOGHIHQGLQDOOOHJDOHTXLWDEOHDGPLQLVWUDWLYHRUVSHFLDO SURFHHGLQJVZLWKFRXQVHODSSURYHGE\WKH&LW\WKH&LW\DQGLWVFRXQFLOPHPEHUV RIILFHUVDQGHPSOR\HHVLPPHGLDWHO\XSRQWHQGHUWR&RQVXOWDQWRIWKHFODLPLQ DQ\IRUPRUDWDQ\VWDJHRIDQDFWLRQRUSURFHHGLQJZKHWKHURUQRWOLDELOLW\LV HVWDEOLVKHG$QDOOHJDWLRQRUGHWHUPLQDWLRQWKDWSHUVRQVRWKHUWKDQ&RQVXOWDQWDUH UHVSRQVLEOHIRUWKHFODLPGRHVQRWUHOLHYH&RQVXOWDQWIURPLWVVHSDUDWHDQGGLVWLQFW REOLJDWLRQWRGHIHQG7KHREOLJDWLRQWRGHIHQGH[WHQGVWKURXJKILQDOMXGJPHQW LQFOXGLQJH[KDXVWLRQRIDQ\DSSHDOV7KHGHIHQVHREOLJDWLRQLQFOXGHVDQ REOLJDWLRQWRSURYLGHLQGHSHQGHQWGHIHQVHFRXQVHOLI&RQVXOWDQWDVVHUWVWKDW OLDELOLW\LVFDXVHGLQZKROHRULQSDUWE\WKHQHJOLJHQFHRUZLOOIXOPLVFRQGXFWRI WKHLQGHPQLILHGSDUW\,ILWLVILQDOO\DGMXGLFDWHGWKDWOLDELOLW\ZDVFDXVHGVROHO\E\ WKHQHJOLJHQFHRUZLOOIXOPLVFRQGXFWRIDQLQGHPQLILHGSDUW\&RQVXOWDQWPD\ VXEPLWDFODLPWRWKH&LW\IRUUHLPEXUVHPHQWRIUHDVRQDEOHDWWRUQH\V¶IHHVDQG GHIHQVHFRVWVLQSURSRUWLRQWRWKHHVWDEOLVKHGFRPSDUDWLYHOLDELOLW\RIWKH LQGHPQLILHGSDUW\ 13.3 Limitation on Indemnity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otton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct 143 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI &LW\ZLOOEHKHOGKDUPOHVVLQGHPQLILHGDQGGHIHQGHGIRUDOOOLDELOLW\LQFXUUHG HYHQWKRXJKDSHUFHQWDJHRIWKHOLDELOLW\LVDWWULEXWDEOHWRFRQGXFWRIWKH&LW\ 13.4 Acknowledgement.&RQVXOWDQWDFNQRZOHGJHVWKDWLWVREOLJDWLRQSXUVXDQWWRWKLV VHFWLRQH[WHQGVWROLDELOLW\DWWULEXWDEOHWR&LW\LIWKDWOLDELOLW\LVOHVVWKDQWKHVROH IDXOWRI&LW\&RQVXOWDQWKDVQRREOLJDWLRQXQGHUWKLVDJUHHPHQWIRUOLDELOLW\ SURYHQLQDFRXUWRIFRPSHWHQWMXULVGLFWLRQRUE\ZULWWHQDJUHHPHQWEHWZHHQWKH SDUWLHVWREHWKHVROHIDXOWRI&LW\ 13.5 Scope of Consultant Obligation7KHREOLJDWLRQVRI&RQVXOWDQWXQGHUWKLVRU DQ\RWKHUSURYLVLRQRIWKLVDJUHHPHQWZLOOQRWEHOLPLWHGE\WKHSURYLVLRQVRIDQ\ ZRUNHUV FRPSHQVDWLRQDFWRUVLPLODUDFW&RQVXOWDQWH[SUHVVO\ZDLYHVLWVVWDWXWRU\ LPPXQLW\XQGHUVXFKVWDWXWHVRUODZVDVWR&LW\LWVHPSOR\HHVDQGRIILFLDOV 13.6 Subcontractors.&RQVXOWDQWDJUHHVWRREWDLQH[HFXWHGLQGHPQLW\DJUHHPHQWV ZLWKSURYLVLRQVLGHQWLFDOWRWKRVHVHWIRUWKKHUHLQWKLVVHFWLRQIURPHDFKDQG HYHU\VXEFRQWUDFWRUVXEWLHUFRQWUDFWRURUDQ\RWKHUSHUVRQRUHQWLW\LQYROYHGE\ IRUZLWKRURQEHKDOIRI&RQVXOWDQWLQWKHSHUIRUPDQFHRUVXEMHFWPDWWHURIWKLV DJUHHPHQW 13.7 No Waiver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elation to Insurance Obligations.7KHGHIHQVHDQGLQGHPQLILFDWLRQREOLJDWLRQV RIWKLVDJUHHPHQWDUHXQGHUWDNHQLQDGGLWLRQWRDQGVKDOOQRWLQDQ\ZD\EH OLPLWHGE\WKHLQVXUDQFHREOLJDWLRQVFRQWDLQHGLQWKLVDJUHHPHQW 14. DEFAULT AND REMEDIES. 14.1 Events of default(DFKRIWKHIROORZLQJVKDOOFRQVWLWXWHDQHYHQWRIGHIDXOW KHUHXQGHU (a))DLOXUHE\&RQVXOWDQWWRSHUIRUPDQ\REOLJDWLRQXQGHUWKLVDJUHHPHQWDQG IDLOXUHWRFXUHVXFKEUHDFKLPPHGLDWHO\XSRQUHFHLYLQJQRWLFHRIVXFK EUHDFKLIWKHEUHDFKLVVXFKWKDWWKH&LW\GHWHUPLQHVWKHKHDOWKZHOIDUHRU VDIHW\RIWKHSXEOLFLVLPPHGLDWHO\HQGDQJHUHGRU (b))DLOXUHE\HLWKHUSDUW\WRSHUIRUPDQ\REOLJDWLRQXQGHUWKLVDJUHHPHQWDQG IDLOXUHWRFXUHVXFKEUHDFKZLWKLQILIWHHQGD\VRIUHFHLYLQJQRWLFHRI VXFKEUHDFKH[FHSWIRUEUHDFKHVVXEMHFWWRVXESDUDJUDSKDDERYH Cotton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct 144 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI SURYLGHGWKDWLIWKHQDWXUHRIWKHEUHDFKLVVXFKWKDWWKHQRQEUHDFKLQJ SDUW\GHWHUPLQHVLWZLOOUHDVRQDEO\UHTXLUHPRUHWKDQILIWHHQGD\VWR FXUHWKHEUHDFKLQJSDUW\VKDOOQRWEHLQGHIDXOWLILWSURPSWO\FRPPHQFHV WKHFXUHDQGGLOLJHQWO\SURFHHGVWRFRPSOHWLRQRIWKHFXUH 14.2 Remedies upon default8SRQDQ\GHIDXOWWKHQRQGHIDXOWLQJSDUW\VKDOOKDYH WKHULJKWWRLPPHGLDWHO\VXVSHQGRUWHUPLQDWHWKLVDJUHHPHQWVHHNVSHFLILF SHUIRUPDQFHDQGRUVHHNGDPDJHVWRWKHIXOOH[WHQWDOORZHGE\ODZ&LW\VKDOO KDYHWKHULJKWWRFRQWUDFWZLWKDQRWKHUSDUW\WRSHUIRUPWKLVDJUHHPHQW 14.3 No Waiver)DLOXUHE\&LW\WRVHHNDQ\UHPHG\IRUDQ\GHIDXOWKHUHXQGHUVKDOO QRWFRQVWLWXWHDZDLYHURIDQ\RWKHUULJKWVKHUHXQGHURUDQ\ULJKWWRVHHNDQ\ UHPHG\IRUDQ\VXEVHTXHQWGHIDXOW 15. TERMINATION.(LWKHUSDUW\PD\WHUPLQDWHWKLVDJUHHPHQWZLWKRUZLWKRXWFDXVHE\ SURYLGLQJGD\V¶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¶IHHV 17. LITIGATION,IDQ\OLWLJDWLRQLVFRPPHQFHGEHWZHHQSDUWLHVWRWKLVDJUHHPHQW FRQFHUQLQJDQ\SURYLVLRQKHUHRIRUWKHULJKWVDQGGXWLHVRIDQ\SHUVRQLQUHODWLRQWKHUHWR HDFKSDUW\VKDOOEHDULWVRZQDWWRUQH\V¶IHHVDQGFRVWV 18. JURISDICTION AND SEVERABILITY7KLVDJUHHPHQWVKDOOEHDGPLQLVWHUHGDQG LQWHUSUHWHGXQGHUWKHODZVRIWKH6WDWHRI&DOLIRUQLD-XULVGLFWLRQRIOLWLJDWLRQDULVLQJIURP WKLVDJUHHPHQWVKDOOEHLQWKDWVWDWHDQGYHQXHVKDOOEHLQ6DQWD&ODUD&RXQW\&DOLIRUQLD ,IDQ\SDUWRIWKLVDJUHHPHQWLVIRXQGWRFRQIOLFWZLWKDSSOLFDEOHODZVVXFKSDUWVKDOOEH LQRSHUDWLYHQXOODQGYRLGLQVRIDUDVLWFRQIOLFWVZLWKVDLGODZVEXWWKHUHPDLQGHURIWKLV DJUHHPHQWVKDOOEHLQIXOOIRUFHDQGHIIHFW Cotton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct 145 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±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¶VREOLJDWLRQVRUWR H[HUFLVH&LW\ VULJKWVVKDOOLQQRHYHQWEHGHHPHGDZDLYHURIWKHULJKWWRGRVRWKHUHDIWHU -End of Exhibit C- Cotton, Shires and Associates, Inc. Geotech Services at Mt. Eden Rd near Eden Valley Ct 146 Contractor: Cotton, Shires and Associates, Inc. Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit E Page 1 of 8 Exhibit E – Special Requirements Supplemental Provisions – Indemnification Exhibit C, Section 13.0, 13.1, 13.2 is replaced in its entirety with the following: 13. INDEMNIFICATION. Consultant and City Agree that City, its employees, agents and officials shall be protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost incurred in relation to, as a consequence of or arising out of or in any way attributable, to the negligent, reckless, or willful misconduct in, performance of this agreement as set forth below. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Consultant acknowledges that City would not enter into this agreement in the absence of the commitment of Consultant to indemnify and protect City as set forth below. 13.1 General Indemnity. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its employees, agents and officials, from any liability, damages, losses, expenses or costs (including, without limitation, costs and fees of alternative dispute resolution and litigation) of any kind whatsoever to the extent incurred in relation to, as a consequence of or arising out of or in any way attributable to negligence, recklessness, or willful misconduct of the Consultant, or its employees, agents, or subcontractors for whom Consultant is legally liable. All obligations under this provision are to be paid by Consultant as they are incurred by the City. 13.2 Duty to Defend: As respects claims other than Professional Liability. In addition to Consultant's obligation to indemnify City, Consultant shall defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its councilmembers, officers, and employees, immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Consultant are responsible for the claim does not relieve Consultant from its separate and distinct obligation to defend. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused solely by the negligence or willful misconduct of an indemnified party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys' fees and defense costs in proportion to the established comparative liability of the indemnified party. Regarding Professional Liability Claims, Consultant shall have no upfront duty to defend the Client (including it officers, directors, employees, etc), but shall reimburse Client its legal fees and defense costs to the extent ultimately determined to be caused by Consultant's negligence, including the negligence of those for whom Consultant is legally liable. 147 Contractor: Cotton, Shires and Associates, Inc. Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit E Page 2 of 8 Construction/Maintenance Services Ge neral Conditions The following general conditions apply to the soil boring services being provided in connection with Task I and the staking services being provided in connection with Task V both as referenced in Exhibit A-1 of this contract (the “Work”). 1.1 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 Labor Code of the State of California, 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. 1.2 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. 1.3 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. 1.4 As required by Labor Code Section 1773.8, the Contractor shall pay travel and subsistence payments to each worker needed to perform the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8. 1.5 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 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. 1.6 The Contractor or subcontractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for 148 Contractor: Cotton, Shires and Associates, Inc. Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit E Page 3 of 8 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 section 1 of Exhibit E. 1.7 Contractor’s attention is directed to the provisions in Section 1777.5 and 1777.6 of the 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. 1.8 Pursuant to the requirements of Division 4 of the 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 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." 2. Conduct of the Work. Contractor shall: • Prior to the start of Work, subm it to the Ad ministrator, the Contractor Safety Agree ment attached as Exhibit E-1, the Department of Industrial Rela tions Reporting Form attached as Exhibit E -2, and the Workers Compensation Acknowledgement attached as Exhibit E-3 each signed by an authorized representative of Contractor • Subm it 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 m aterials to be used in the Work in accordance with the specifications. • Protect existing facilities and personal property. • Remove fro m the project site all debris resulting from performance of the Work no less often than da ily. If Contractor fails to do so, City may, after twenty -four (24) hours' notice to Contractor, clean up the site and deduct the co st from the Contract Price. • For projects scheduled to require more than three (3) day s to comp lete, prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holiday s when worked, and submit the reports to the City no 149 Contractor: Cotton, Shires and Associates, Inc. Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit E Page 4 of 8 later than the next day that the City is open for business. The daily reports shall, at a mini mum, include the following information: construction activ ities 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 delay s, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property . • Unload, hoisting and otherwise handling its own materials, supplies and equipment. • Keep itself fully informed of all applicable laws including existing and future state and federal la ws and county and municipal ordinances and regulations which in any manner affect those engaged or employ ed 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 ju risd iction or authority over the s ame. • Observe and comp ly with, and cause all of its agents and e mployees to observe and comply with, all such applicable laws; and shall protect and indemnify the City , and all elected offic ials, officers, employees, and agents thereof connected with the Work, against any cla im 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 A dministrator 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 duri ng the hours of 7:00 a.m. to 3 :30 p.m., Monday through Frid ay unless otherwise spe cified in the Special Provisions or authorized by the City in writing. If the Con tractor wishes to work during any other hours or on weekends, written perm ission 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 responsib le 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 th e amount billed from other payments due or to become due to Contractor under the Contract. B. The Administ rator or Administrator’s designee shall have the authority to suspend the Work, wholly or in part, for such a period as the Administrator may de em n ecessa ry. 4. Changes In Work. A. Contractor shall make no changes in the Work without written direction from the Cit y. Contractor shall not be compensated for any change made without any such written 150 Contractor: Cotton, Shires and Associates, Inc. Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit E Page 5 of 8 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 perform ing 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 comb ination of existing and ne w unit prices and related quantities for the changed Work ; or iv. By mutual acceptance of a lump s um. 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 rea sonable tim es 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 assu mes full responsibility to protect the work done hereunder until final acceptance by the City. B. When the Work is comp le ted, 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 m ay be present at the final inspection. The purpose of such final inspection shall be to determ ine whether the Work has been comple ted in accordance w ith 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. If Contractor while performing the Work discovers u tility 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 s ite of the Work but not identified in the Contract. 151 Contractor: Cotton, Shires and Associates, Inc. Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit E Page 6 of 8 C. If the Contractor is required to locate, repair damage not du e to the Contractor’s failure to exercise reasonable care, and remove or relocate existing m ain or trunk l ine utility facilities, it shall be co mpensated under the Changes section of this Contract, including payment for equipment on the Project necess arily idled during such work. D. Contractor will not be entitled to damages or additional payment for dela ys caused solely by the failure of City , or the utili ty provider, to provide for re moval or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. E. Contractor shall not be assessed liquidated damages fo r delay in completing the Work solely attribu table to the failure of City , or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility fac ilities not indicated in the Contract Documents with reasonable accuracy . F. 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 rearrangem ent 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. G. Attention is directed to the possible existence of underground facilities not known to the Cit y, or in a location different from that which is shown on the plans or in th e 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 or interfere with their service, including but not lim ited to calling U SA utility locator service to mark utilities. 7. Differing Site Conditions. A. The Contractor shall promptly, and before the following cond itions are disturbed, notify the City in wr iting of any: i. Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be re moved to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; ii. Subsurface or latent ph ysical conditions at the site differing ma teria lly from those indicated by in formation about the site made available to bidders p rior to the deadline for sub mitting 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 f inds th at 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, 152 Contractor: Cotton, Shires and Associates, Inc. Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit E Page 7 of 8 performance of a ny part of the Work, it shall issue a change order under the provisions described in the Contract Docu ments. 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. 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 c ompleting the Work. The Contractor shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights prov ided 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 lim its 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 contract, the Contractor shall have the charge and care of the Work and of the mater ials to be used therein, including materia ls for which partial pa yment 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 essen ce of this agre ement. 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 T ime or not, as may seem best to serve the interest of the Cit y; and if it decides to extend the Contract Ti me, City shall further have the right to charge to the Contractor, its heirs, assigns or sureties, and to deduct from the pay ment 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 ex tension. In the event that Contractor's work is delayed for any reason, includ ing 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 co mmencement of delay within 48 hours of its occurrence. If the City accepts 153 Contractor: Cotton, Shires and Associates, Inc. Project Name: Geotech Services at Mt. Eden Rd near Eden Valley Ct Exhibit E Page 8 of 8 any work or makes any payment under this agreement after a default by reason of delays, the pay ment or payments shall in no respect constitute a waiver or modification of any agreement prov isions regarding time of comp letion and liquidated da mages. -End of Exh ibit E - 154 155 156 157 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 10/8/2021 License # 0E67768 (925) 660-3514 50008 (925) 416-7869 13056 Cotton, Shires and Associates, Inc. 330 Village Lane Los Gatos, CA 95030 A 1,000,000 PSB0006677 12/4/2020 2/1/2022 1,000,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A PSA0002275 12/4/2020 2/1/2022 2,000,000A PSE0002888 12/4/2020 2/1/2022 2,000,000 A PSW0003773 1/1/2021 2/1/2022 1,000,000 1,000,000 1,000,000 A Professional Liab.RDP0042344 2/1/2021 Per Claim 2,000,000 A Professional Liab,RDP0042344 2/1/2021 2/1/2022 Aggregate 2,000,000 All operations of the Named Insured. General Liability: See Additional Insured endorsement attached; such coverage is Primary and Non-contributory, with Waiver of Subrogation included, as required by written contract. Auto Liability: See Additional Insured endorsement attached, with Waiver of Subrogation included, as required by written contract. Workers' Compensation: Waiver of Subrogation is included as per attached Waiver of Subrogation endorsement, as required by written contract. GENERAL LIABILITY & AUTO LIABILITY ADDITIONAL INSURED INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): City of Saratoga, its appointed or elected officers, officials, employees, and authorized agents and volunteers City of Saratoga Risk Manager 13777 Fruitvale Avenue Saratoga, CA 95070 COTTSHI-01 YUENG IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 Gigi Yuen Gigi.Yuen@ioausa.com RLI Insurance Company X 2/1/2022 X X X X X X 158 Policy Number: RLI Insurance Company PPB 339 12 13 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS ADDITIONAL INSURED ENDORSEMENT D – SCHEDULED OWNER, LESSEES OR CONTRACTORS This endorsem ent m odifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations The following is added to Paragraph C. Who Is An Insured in Section II – Liability: 3.Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: a.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or re- pairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b.That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. PSB0006677 City of Saratoga, its City of Saratoga, its appointed or elected officers, officials, employees, and authorized agents All operations of the Named Insured. 159 Policy Number:RLI Insurance Company Named Insured: PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair – Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage – Loss Of Use L. Hired Car – Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition – Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition – Railroad Easement Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage Cotton, Shires and Associates, Inc. PSA0002275 160 PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any “employee” of yours is an “insured” while using a covered “auto” you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the “bodily injury” or “property damage” occurs is an “insured” for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an “insured” under the Who Is An Insured provision contained in SECTION II – COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured’s own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the “bodily injury” or “property damage” occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV – BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any “accident” or “loss”, provided that the “accident” or “loss” arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An “employee” of yours is an “insured” while operating an “auto” hired or rented under a contract or agreement in that “employee's” name, with your permission, while performing duties related to the conduct of your business. 2.Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b.For Hired Auto Physical Damage Coverage, the following are deemed to be covered “autos” you own: (1) Any covered “auto” you lease, hire, rent or borrow; and (2) Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee's” name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”. F. Fellow Employee Coverage SECTION II – COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total “loss” to a covered “auto” shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered “auto”, less: 1.The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2.Any: a.Overdue lease/loan payments at the time of the “loss”; 161 162 SARATOGA CITY COUNCIL MEETING DATE: November 3, 2021 DEPARTMENT: City Manager’s Department PREPARED BY: Crystal Bothelio, Assistant City Manager SUBJECT: Community Partner Joint Meeting Presentations RECOMMENDED ACTION: Consider recommendation from the Mayor to request that community partners meeting certain criteria provide the City Council with a summary of services provided over the last year, including total number of people served and the number of Saratoga residents served as part of the annual Joint Meeting or as a special presentation during a Regular Meeting starting in 2022. The criteria to provide the annual report are: 1) Have a facility lease or use agreement with the City to provide services; or, 2) receive $25,000 or more to provide services, excluding the Sheriff’s Office. BACKGROUND: On October 6, the City Council discussed a proposal from Vice Mayor Walia, with support from Mayor Zhao, to consider requiring community partners that that receive support from the City to share a financial overview of their organization during Joint Meetings with the City Council. After discussing options for implementation of the proposal, the City Council agreed to have the Mayor work with staff to develop a recommendation for Council consideration. The Mayor has recommended that starting in 2022, the City Council request that groups that either have a facility use or lease agreement with the City to provide services or receive $25,000 or more to provide services, not including the Sheriff’s Office, share a summary of services for the prior year, which would include the total number of Saratoga residents served. This information would be presented as part of the annual Joint Meeting or during a special presentation at a Re gular Meeting if the group is not expected to hold a Joint Meeting with the Council. Groups that would be subject to this request are listed below. Facility Use/Lease Agreement Receive $25,000 or More • Friends of the Saratoga Libraries • Santa Clara County Library District • Los Gatos Saratoga Recreation • Saratoga Historical Foundation • Hakone Foundation (also facility lease) • KSAR • Santa Clara County FireSafe Council • Saratoga Chamber of Commerce • SASCC (also facility lease) • West Valley Community Services 163