HomeMy WebLinkAbout05-03-2023 City Council Agenda Packet, amended 05-04-2023Saratoga City Council Agenda May 3, 2023 – Page 1 of 6
SARATOGA CITY COUNCIL
REGULAR MEETING
MAY 3, 2023
AMENDED AGENDA
• 05/03/2023 SPECIAL PRESENTATION ITEM 1 PRESENTATION SLIDES
ADDED
• 05/03/2023 ITEM 2.1 WRITTEN COMMUNICATIONS ADDED
• 05/03/2023 ITEM 2.5 WRITTEN COMMUNICATIONS ADDED
• 05/04/2023 SPECIAL PRESENTATION ITEM 2 PRESENTATION SLIDES
ADDED
• 05/04/2023 ITEM 2.1 WRITTEN COMMUNICATIONS ADDED
Public Participation Information
In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the
public may participate in this meeting in person at the location listed below or via remote
attendance using the Zoom information below.
Members of the public can view and participate in the 5:00 p.m. Study Session by:
1. Attending the meeting in person at the City Hall Linda Callon Conference Room, located at
13777 Fruitvale Avenue, Saratoga CA 95070; OR
2. Accessing the meeting through Zoom
• Webinar URL: https://us02web.zoom.us/j/86846057855
• Webinar ID 868 4605 7855
• Call In: 1.408.638.0968 or 1.669.900.6833
Members of the public can view and participate in the 6:00 p.m. Joint Session by:
1. Attending the meeting in person at the City Hall Linda Callon Conference Room, located at
13777 Fruitvale Avenue, Saratoga CA 95070; OR
2. Accessing the meeting through Zoom
• Webinar URL: https://us02web.zoom.us/j/88482254658
• Webinar ID 884 8225 4658 OR
• Calling 1.408.638.0968 or 1.669.900.6833
Members of the public can view and participate in the 7:00 p.m. Regular Session by:
1. Attending the meeting in person at the Civic Theater, Council Chambers located at 13777
Fruitvale Avenue, Saratoga CA 95070; OR
2. Accessing the meeting through Zoom
• Webinar URL: https://us02web.zoom.us/j/81627041223
• Webinar ID: 816 2704 1223
• Call In: 1.408.638.0968 or 1.669.900.6833; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99 and calling in following the direction above; OR
4. Viewing online at www.saratoga.ca.us/watch and calling in following the direction above.
Saratoga City Council Agenda May 3, 2023 – Page 2 of 6
Written Communication
Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications
will be provided to the members of the City Council and included in the Agenda Packet and/or in
supplemental meeting materials.
Public Comment
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. Public
Comment will begin with speakers attending in-person first followed by those attending via Zoom.
Meeting Recording Information
In accordance with the Saratoga City Council’s Meeting Recording Policy, City Council Study
Sessions, Joint Meetings, Joint Sessions, Commission Interviews, Retreats, meetings with the
Planning Commission, and Regular Session Meetings are recorded and made available following
the meeting on the City website.
5:00 PM STUDY SESSION
City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070
Single Family Design Review Process and the Housing Accountability Act
Recommended Action:
Review the requirements of the Housing Accountability Act in comparison to the City’s
Single Family Design Review Process in preparation for the Joint Session with the Planning
Commission.
Staff Report
Attachment A - HAA Summary
6:00 PM JOINT SESSION
City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070
Planning Commission Work Plan
Recommended Action:
Meet with Commission, discuss priorities and approve the FY 2023/24 work plan with input
provided by the City Council.
Staff Report
Attachment A - Proposed FY23-24 Work Plan
7:00 PM REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on April 27, 2023.
REPORT FROM STUDY SESSION
REPORT FROM JOINT SESSION
Saratoga City Council Agenda May 3, 2023 – Page 3 of 6
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council 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
Proclamation Declaring May 2023 as National Preservation Month
Recommended Action:
Proclaim May 2023 as National Preservation Month in the City of Saratoga.
Staff Report
Attachment A – Proclamation Declaring May 2023 as National Preservation Month
Proclamation Honoring the 20th Anniversary of Assistance League of
Los Gatos-Saratoga
Recommended Action:
Present a proclamation recognizing the 20th anniversary of Assistance League of Los
Gatos-Saratoga
Staff Report
Attachment A: Proclamation celebrating the 20th Anniversary of Assistance League of Los
Gatos-Saratoga
SPECIAL PRESENTATIONS
College of Adaptive Arts Special Presentation
Recommended Action:
Receive presentation from the College of Adaptive Arts.
Staff Report
Presentation Slides (added 05-03-2023)
Catholic Charities of Santa Clara County Long-Term Care Ombudsman Program Special
Presentation
Recommended Action:
Receive presentation from Catholic Charities of Santa Clara County Long-Term Care
Ombudsman Program.
Staff Report
Presentation Slides (added 05/04/2023)
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.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the April 19, 2023 City Council Regular Meeting.
Staff Report
Attachment A - Minutes for the April 19, 2023 City Council Regular Meeting
Saratoga City Council Agenda May 3, 2023 – Page 4 of 6
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 04/13/2023 and 04/20/2023 accounts payable vendor payment check
registers.
Staff Report
Attachment A - Check Register Reports 04-13-2023
Attachment B - Check Register 04-20-2023
1.3. Treasurer’s Report for the Month Ended March 31, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended March 31, 2023.
Staff Report
1.4. Authorization to Write Off Bad Debt
Recommended Action:
Authorize write off bad debt totaling $1,449 as of March 31, 2023.
Staff Report
2. GENERAL BUSINESS
2.1. Renaming of Friendship Hall at Saratoga Prospect Center the Jack Mallory Friendship
Hall
Recommended Action:
Adopt the resolution renaming Friendship Hall at Saratoga Prospect Center to the Jack
Mallory Friendship Hall and allocating $2,500 from the City Council Discretionary Fund for
updated signage or $3,350 from the City Council Discretionary Fund for both updated
signage and commemorative plaque.
Staff Report
Attachment A – Resolution Renaming Friendship Hall at Saratoga Prospect Center
Attachment B – Saratoga Prospect Center Site Diagram
Supplemental Memo - Item 2.1 Written Communications (added 05-03-2023)
Written Communications (added 05-04-2023)
2.2. Fiscal Year 2023/24 Community Event Grant Program Competitive Allocations
Recommended Action:
Consider the following Library and Community Engagement Commission recommendation
for Fiscal Year 2023/24 Community Event Grant Program competitive allocations:
• Blossom Festival Table: $500
• Mural, Mural, on the Wall: $1,700 (if final artwork follows art approval process
described in City of Saratoga Public Art Policy regardless of final mural location)
• Dragon Boat Festival: $2,000
• 'Saratoga, My Home' Public Art Contest: $1,200
Staff Report
Attachment A – Applications
Attachment B – Community Event Grant Program Policy
Saratoga City Council Agenda May 3, 2023 – Page 5 of 6
2.3. Los Gatos-Saratoga Community Education and Recreation Amended Lease and Park
Reservation Management Service Agreement
Recommended Action:
Authorize the City Manager to execute the amended lease agreement with Los Gatos-
Saratoga Community Education and Recreation as well as a new service agreement for
parks reservation management.
Staff Report
Attachment A – Amended Lease Agreement
Attachment B – Parks Reservation Management Service Agreement
2.4. Group Use Permit Implementation Policy Amendment
Recommended Action:
Adopt the resolution amending the City of Saratoga Group Use Implementation Policy and
direct staff to include updates in the next Annual Code Update to reflect the changing park
reservation service model and otherwise update the Code regarding park permits.
Staff Report
Attachment A – Resolution Amending the City of Saratoga Group Use Permit
Implementation Policy
Attachment B – Current Group Use Permit Implementation Policy
2.5. Consider Owner Occupancy Requirement for Mills Act Agreements
Recommended Action:
Provide direction to staff regarding whether the City should require that residential
buildings subject to a Mills Act agreement be owner occupied.
Staff Report
Attachment A- City Council Resolution 03-016
Attachment B- Form Mills Act Agreement
Supplemental Memo - Item 2.5 Written Communications (added 05-03-2023)
2.6. Emergency Communications
Recommended Action:
Receive report and provide direction on communications practices.
Staff Report
COUNCIL ASSIGNMENTS
Council Assignments
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
CITY MANAGER'S REPORT
ADJOURNMENT
Saratoga City Council Agenda May 3, 2023 – Page 6 of 6
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 April 27, 2023 at the City of Saratoga,
13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us.
Signed this 27th day of April 2023 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]
SARATOGA CITY COUNCIL
MEETING DATE:May 3, 2023
DEPARTMENT:City Manager’s Department
PREPARED BY:James Lindsay, City Manager
SUBJECT:Single Family Design Review Process and the Housing Accountability Act
RECOMMENDED ACTION:
Review the requirements of the Housing Accountability Act in comparison to the City’s Single
Family Design Review Process in preparation for the Joint Session with the Planning Commission.
BACKGROUND:
This special Study Session has been scheduled at the request of Mayor Kookie Fitzsimmons to
provide the City Council with the opportunity to discuss the implications of the Housing
Accountability Act on Saratoga’s single family home design review process. The City Council
will be holding a Joint Meeting with the Planning Commission directly following this Study
Session. One of the topics on the Commission’s proposed workplan is an update to the Single-
Family Residential Design Review Handbook.
ATTACHMENTS:
Attachment A –Summary of the Housing Accountability Act requirements
6
1
Housing Accountability Act
(Government Code §§65589.5-65589.6)
The Housing Accountability Act requires that “a local government not reject or make
infeasible housing developments, including emergency shelters, that contribute to
meeting the need determined pursuant to this article … without a thorough analysis of
the economic, social, and environmental effects of the action.”
A local agency can only disapprove or make a qualifying affordable housing project
infeasible if it makes written findings supported by a preponderance of the evidence
that:
the agency’s Housing Element is in substantial compliance with state law;
the project would have an adverse impact on public health or safety;
denial is required to comply with another state/federal law;
the project is on land zoned for agriculture; or
the project is inconsistent with both zoning and general plan land use
designation, and the project is not proposed on a site identified in the housing
element, and there are sufficient sites to accommodate the regional housing
needs allocation and satisfy emergency shelter requirements.
A local agency may not disapprove a qualifying market rate project or reduce the
project’s density if the project complies with all “objective, quantifiable, written
development standards, conditions and policies appropriate to and consistent with
meeting city’s share of RHNA,” unless the agency finds:
specific adverse impacts upon public health or safety; and
that there is no feasible method to mitigate the impacts other than reduce
density.
Conditions may be applied to the project to further applicable goals, policies and
strategies but any conditions not based on objective standards may not make the
project infeasible or reduce the number of units.
“Objective” means involving no personal or subjective judgment by a public official
and being uniformly verifiable by reference to an external and uniform benchmark or
criterion available and knowable by both the development applicant or proponent and
the public official.
The objective standards to be applied must be those in effect at the application (or
preliminary application, if applicable) is deemed complete .
7
2
Whenever a local agency must determine whether a project site is historic, the agency
shall make that determination at the time the application (or preliminary application, if
applicable) is deemed complete.
A project is considered “affordable” if at least 20% of the units are sold or rented to
lower income households or 100% are sold or rented to moderate or middle income
households.
A project is “deemed consistent” with plans and policies “if there is substantial
evidence that would allow a reasonable person to conclude that the housing
development project is consistent, compliant or in conformity.”
If a local agency considers a project to be inconsistent with the agency’s plans,
policies, and standards the agency must provide applicant with notice and
documentation identifying inconsistencies within 30 or 60 days of the application
being complete (depending on the project’s size).
If the project complies with applicable, objective standards in effect at the time the
application is deemed complete, the agency shall not conduct more than 5 hearings
after the application is deemed complete. If the city continues a hearing to another date,
the continued hearing shall count as one of the five hearings allowed under this section.
“Housing development project” means a use consisting of any of the following:
-Residential units only.
-Mixed-use developments consisting of residential and nonresidential uses with
at least two-thirds of the square footage designated for residential use.
-Transitional housing or supportive housing.
8
SARATOGA CITY COUNCIL
MEETING DATE: May 3, 2023
DEPARTMENT: Community Development Department
PREPARED BY: Debbie Pedro, Community Development Director
SUBJECT: Planning Commission Work Plan
RECOMMENDED ACTION:
Meet with Commission, discuss priorities and approve the FY 2023/24 work plan with input
provided by the City Council.
BACKGROUND:
On April 12, 2023, the Planning Commission discussed their upcoming 2023/24 fiscal year (FY)
work plan and proposes to work on the following list of items in the upcoming fiscal year. A
detailed description of the proposed work plan is included in Attachment A.
1. Housing Element Update
2. General Plan Update
3. Mixed Use District Regulations and Objective Design Standards
4. Accessory Dwelling Units (ADU) Ordinance
5. Tree Regulations Ordinance
6. Single-Family Residential Design Review Handbook Update
In the last year, the Planning Commission reviewed applications for 8 new single family homes
and second story additions, a setback variance, a fence exception, and a tree permit appeal. The
Commission also reviewed a 10-lot subdivision on Quito (Vessing) Road, a 3-lot subdivision on
Saratoga Avenue, a 2-lot subdivision on Vickery Avenue and a Master Sign Program for the
commercial building at Quito Village.
In addition, the Commission held a study session on the new Mixed Use District regulations and
Objective Design Standards, reviewed the annual list of capital improvement projects for General
Plan conformity, and made recommendations to the City Council on the initial draft Housing
Element and SB 9 ordinance.
9
Current Membership
Name Term Ending
Clinton Brownley (Chair) March 31, 2026
Jojo Choi (Vice Chair) March 31, 2025
Paul Germeraad March 31, 2027
Anjali Kausar March 31, 2027
Ping Li March 31, 2026
Razi Mohiuddin March 31, 2025
Herman Zheng March 31, 2024
Budget Request
The Planning Commission would like to request a budget allocation of $13,000 for 2023/24.
Request Requested Allocation
Meeting Expenses $500
Legal Advertising $1,500
Training (Planning Commissioners Academy-League of CA Cities) $11,000
Total $13,000
Roles & Responsibilities – City Code 2-15.030
The Planning Commission is hereby designated as the planning agency of the City, as described
in Section 65100 of the Government Code, and shall exercise the functions of a planning agency
as prescribed in Section 65101 of the Government Code. The Planning Commission shall also
exercise the powers and perform the duties conferred upon it by this Code and assigned to it from
time to time by the City Council.
GOVERNMENT CODE 65100
There is in each city and county a planning agency with the powers necessary to carry out the
purposes of this title. The legislative body of each city and county shall by ordinance assign the
functions of the planning agency to a planning department, one or more planning commissions,
administrative bodies or hearing officers, the legislative body itself, or any combination thereof,
as it deems appropriate and necessary. In the absence of an assignment, the legislative body shall
carry out all the functions of the planning agency.
GOVERNMENT CODE 65101
(a) The legislative body may create one or more planning commissions each of which shall
report directly to the legislative body. The legislative body shall specify the membership of the
commission or commissions. In any event, each planning commission shall consist of at least five
members, all of whom shall act in the public interest. If it creates more than one planning
commission, the legislative body shall prescribe the issues, responsibilities, or geographic
jurisdiction assigned to each commission. If a development project affects the jurisdiction of more
than one planning commission, the legislative body shall designate the commission which shall
hear the entire development project.
10
(b) Two or more legislative bodies may:
1. Create a joint area planning agency, planning commission, or advisory agency for all
or prescribed portions of their cities or counties which shall exercise those powers and
perform those duties under this title that the legislative bodies delegate to it.
2. Authorize their planning agencies, or any components of them, to meet jointly to
coordinate their work, conduct studies, develop plans, hold hearings, or jointly
exercise any power or perform any duty common to them.
ATTACHMENT:
Attachment A – Proposed FY 23/24 Work Plan
11
PROPOSED FISCAL YEAR 2023/2024
PLANNING COMMISSION WORK PLAN
1. Housing Element Update
Every eight years, California municipalities must update their Housing Element, which is a
required component of the General Plan that serves as a long-term blueprint for future
housing development. The Housing Element project began in 2021 and the City submitted
the initial draft Housing Element to the State Housing and Community Development
Department (HCD) in August 2022. On March 17, 2023, HCD completed its review of the
second Draft and provided comments to the City. Staff is working on responding to HCD
comments and will present the final draft Housing Element for Planning Commission review
in the coming weeks.
2. General Plan Update
In April 2018, the City began the process to refresh and make minor policy updates to three
elements of the City’s General Plan (Land Use, Circulation, and Open Space & Conservation).
The original timeline for Commission review of the draft documents was Winter 2020. Due
to the substantial increase in the number of housing units that Saratoga will be required to
plan for in the 6th cycle RHNA, the schedule of the General Plan 2040 update was revised so
that it can be aligned with the Housing Element. In addition, Senate Bill 1035 requires the
Safety Element to be reviewed and updated as necessary every eight years, at the same time
as the Housing Element. The updated elements of the General Plan will be combined with
the newly updated Housing Element and Safety Element and existing Noise Element to
comprise the Saratoga 2040 General Plan.
3. Mixed Use District Regulations and Objective Design Standards
The City will be creating new Mixed Use zoning districts as part of the Housing Element Update.
The rezoning program will consist of three new zoning districts: Mixed Use” (MU), “Mixed Use
High Density” (MU/HD), and “Mixed Use Very High Density” (MU/VHD). The City Code will be
amended to include new development standards for the MU zoning districts. In addition,
Senate Bill 35 created a streamlined and ministerial approval process for qualifying housing
projects and requires local jurisdictions to provide objective standards for the expedited review
and approval of eligible projects. These objective standards include development regulations
such as setback and height limitations and can include design standards if these standards are
written to be objective rather than subjective. The intent of Objective Design Standards is to
provide applicants and developers with a clear set of requirements for mixed-use and multi-
family residential project design.
4. Accessory Dwelling Units (ADU) Ordinance
The State legislature recently amended laws (SB 897 and AB 2221) to reduce barrier and
further promote the development of Accessory Dwelling Units (ADU) and Junior Accessory
Dwelling Units (JADU). Staff will bring forth proposed amendments to the City Code to
comply with state law.
12
5. Tree Regulations Ordinance
On July 21, 2021, the City Council, at the recommendation of the Planning Commission,
amended the tree regulations to allow the removal of Monterey pines and blue gum
eucalyptus within the Wildland Urban Interface area, waive the permit fees, and exclude the
problematic tree species from being used as replacement trees following a removal. At last
year’s joint session with the City Council, the Planning Commission proposed a work plan
item to further address fire related issues in the City by identifying problematic tree species
(in addition to Monterey pines and blue gum eucalyptus) and expand the area beyond the
WUI where removal of problematic tree species would be allowed. The City Council retained
the item as a placeholder.
6. Single-Family Residential Design Review Handbook Update
The Single-Family Residential Design Review Handbook was first adopted in 1988 and last
updated in 2014. The Handbook embodies and illustrates the intent of the Design Review
Findings found in City Code Section 15-45.080 and serves as a guide to residents, architects,
staff, Planning Commission and City Council in the design review process for new single-
family residences. The Commission has expressed an interest in updating the Handbook,
specifically on the issue of privacy and two-story homes to address the balance between
neighbor concerns and rights of property owners. The Handbook update process will include
a review of two-story homes previously approved by the Planning Commission, design
techniques typically employed to minimize privacy impacts, and update of the design
guidelines for compliance with the Housing Accountability Act. A summary of the Housing
Accountability Act prepared by the City Attorney is attached (attachment 1).
13
1
Housing Accountability Act
(Government Code §§65589.5-65589.6)
•The Housing Accountability Act requires that “a local government not reject or make
infeasible housing developments, including emergency shelters, that contribute to
meeting the need determined pursuant to this article … without a thorough analysis of
the economic, social, and environmental effects of the action.”
•A local agency can only disapprove or make a qualifying affordable housing project
infeasible if it makes written findings supported by a preponderance of the evidence
that:
the agency’s Housing Element is in substantial compliance with state law;
the project would have an adverse impact on public health or safety;
denial is required to comply with another state/federal law;
the project is on land zoned for agriculture; or
the project is inconsistent with both zoning and general plan land use
designation, and the project is not proposed on a site identified in the housing
element, and there are sufficient sites to accommodate the regional housing
needs allocation and satisfy emergency shelter requirements.
•A local agency may not disapprove a qualifying market rate project or reduce the
project’s density if the project complies with all “objective, quantifiable, written
development standards, conditions and policies appropriate to and consistent with
meeting city’s share of RHNA,” unless the agency finds:
specific adverse impacts upon public health or safety; and
that there is no feasible method to mitigate the impacts other than reduce
density.
Conditions may be applied to the project to further applicable goals, policies and
strategies but any conditions not based on objective standards may not make the
project infeasible or reduce the number of units.
•“Objective” means involving no personal or subjective judgment by a public official
and being uniformly verifiable by reference to an external and uniform benchmark or
criterion available and knowable by both the development applicant or proponent and
the public official.
•The objective standards to be applied must be those in effect at the application (or
preliminary application, if applicable) is deemed complete .
Attachment 1
14
2
• Whenever a local agency must determine whether a project site is historic, the agency
shall make that determination at the time the application (or preliminary application, if
applicable) is deemed complete.
• A project is considered “affordable” if at least 20% of the units are sold or rented to
lower income households or 100% are sold or rented to moderate or middle income
households.
• A project is “deemed consistent” with plans and policies “if there is substantial
evidence that would allow a reasonable person to conclude that the housing
development project is consistent, compliant or in conformity.”
• If a local agency considers a project to be inconsistent with the agency’s plans,
policies, and standards the agency must provide applicant with notice and
documentation identifying inconsistencies within 30 or 60 days of the application
being complete (depending on the project’s size).
• If the project complies with applicable, objective standards in effect at the time the
application is deemed complete, the agency shall not conduct more than 5 hearings
after the application is deemed complete. If the city continues a hearing to another date,
the continued hearing shall count as one of the five hearings allowed under this section.
• “Housing development project” means a use consisting of any of the following:
- Residential units only.
- Mixed-use developments consisting of residential and nonresidential uses with
at least two-thirds of the square footage designated for residential use.
- Transitional housing or supportive housing.
15
SARATOGA CITY COUNCIL
MEETING DATE:May 3, 2023
DEPARTMENT:City Manager’s Department
PREPARED BY:Janet Costa, Executive Assistant
SUBJECT:Proclamation Declaring May 2023 as National Preservation Month
RECOMMENDED ACTION:
Proclaim May 2023 as National Preservation Month in the City of Saratoga.
BACKGROUND:
Established in 1973 by the National Trust for Historic Preservation, National Preservation Month
is co-sponsored by local preservation groups, State historical societies, and business and civic
organizations across the country. During Preservation Month, events are planned to promote
historic places for the purpose of instilling national and community pride, promoting heritage
tourism, diversity of cultures, and showing the social and economic benefits of historic
preservation.
ATTACHMENTS:
Attachment A –Proclamation Declaring May 2023 as National Preservation Month
16
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
DECLARING MAY 2023 AS
NATIONAL PRESERVATION MONTH
WHEREAS, historic preservation is an effective tool for revitalizing neighborhoods,
fostering local pride, and maintaining community character while enhancing livability; and
WHEREAS, historic preservation provides the opportunity to celebrate the
community’s history and the individuals who have shaped Saratoga, including those who are
dedicated to preserving the physical reminders of the City’s past; and
WHEREAS, May 2023 is National Preservation Month, which is sponsored by the
National Trust for Historic Preservation, and is celebrated locally by the City of Saratoga
Heritage Preservation Commission and the Saratoga Historical Foundation; and
WHEREAS, since 2017, the Saratoga City Council approved eleven Point of
Interest Markers to detail interesting facts, events, and/or places within the City of Saratoga;
the Theater of the Glade Site, the Blossom Festival Site, Caledonia Paper Mill, Ohlone
Indians, Saloons, the Saratoga Paper Mill, El Quito Olive Farm, Glen Una Ranch,
Immigrating to California, McCartysville and the Saratoga Vitaphone; and
WHEREAS, the Heritage Preservation Commission continues to add properties to
the City’s Heritage Resource Inventory and recommend properties to the City Council for a
Landmark and Mills Act contract;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
does hereby recognize May 2023 as National Preservation Month and calls upon the
community of Saratoga to learn more about the historical resources in their community and
join their fellow citizens across the United States in recognizing and participating in this
special observance.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 3rd day
of May 2023.
____________________________
Kookie Fitzsimmons, Mayor
City of Saratoga
17
SARATOGA CITY COUNCIL
MEETING DATE:May 3, 2023
DEPARTMENT:City Manager’s Department
PREPARED BY:Janet Costa, Executive Assistant
SUBJECT:Proclamation Honoring the 20th Anniversary of Assistance League of
Los Gatos-Saratoga
RECOMMENDED ACTION:
Present a proclamation recognizing the 20th anniversary of Assistance League of Los Gatos-
Saratoga.
BACKGROUND:
The Assistance League is a national nonprofit organization that puts caring and commitment into
action through community-based philanthropic programs. Founded 20 years ago, the mission of
the Assistance League of Los Gatos-Saratoga is to serve the local community with cutting-edge
programs, including School Essentials, School Enrichment, Senior Services, and Family
Programs,to ensure those most in need are served directly.
ATTACHMENTS:
Attachment A:Proclamation celebrating the 20th Anniversary of Assistance League of Los
Gatos-Saratoga
18
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING THE
20th ANNIVERSARY OF THE ASSISTANCE LEAGUE OF
LOS GATOS-SARATOGA
WHEREAS, the Assistance League is a national nonprofit organization that
puts caring and commitment into action through community-based philanthropic
programs; and
WHEREAS, there are 120 individually linked all volunteer chapters of the
Assistance League that identify and address the needs of people within local
communities; and
WHEREAS,the Assistance League of Los Gatos-Saratoga was founded 20
years ago and during that time has donated $1.3 million to local philanthropic
programs for children, families, and seniors; and
WHEREAS,the mission of the Assistance League of Los Gatos-Saratoga is to
serve the local community with cutting-edge programs, including School Essentials,
School Enrichment, Senior Services, and Family Programs, to ensure those most in
need are served directly; and
WHEREAS, the Assistance League of Los Gatos-Saratoga has served more
than 145,000 clients in our community; and contributed more than 295,000 hours of
volunteer service; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Saratoga does hereby recognize the 20th Anniversary of the Assistance League of
Los Gatos-Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this
3rd day of May 2023.
_________________________
Kookie Fitzsimmons, Mayor
City of Saratoga
19
SARATOGA CITY COUNCIL
MEETING DATE:May 3, 2023
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Consultant
SUBJECT:College of Adaptive Arts Special Presentation
RECOMMENDED ACTION:
Receive presentation from the College of Adaptive Arts.
BACKGROUND:
Representatives of the College of Adaptive Arts will be joining the City Council during the May
3, 2023 meeting to provide an introduction to the College of Adaptive Arts. Located on the West
Valley College campus, the College of Adaptive Arts was founded in 2009 to provide a lifelong
collegiate experience to adults with intellectual disabilities who historically have not had access to
college education. At age 22 adults in the special education system are mandated out of the public
schools. After this age,if adults are not able to access an Associate’s Degree on a community
college campus with the afforded accommodations, their opportunities for continuing education
essentially cease to exist. Programs for this population are focused on vocational training,
independent life skills, and the traditional day program model. The College of Adaptive Arts is
filling this need of access to higher education by giving adults with special needs a safe and
equitable lifelong learning environment to learn at their own pace and rate. Privately accredited,
non-transferrable diplomas are bestowed based on attendance and exposure to concepts in the
classes they choose.
20
College of Adaptive Arts: 11.5.22 1
21
CAA MISSION:
CAA provides an equitable collegiate experience to
adults with special needs who historically have not
had access to college education.
•CAA VISION:
•Empowering the student body to creatively
transform the way the world views individuals
with disabilities. CAA creates successful
contributing citizens through the arts.
College of Adaptive Arts: 11.5.22 2
22
Inclusive Collegiate
Partnerships
“Having CAA join our West Valley
Family and operate on our campus
has been a wonderful example of
the growth that can come from
collaborative, inclusive
partnerships...”
-Chancellor Brad Davis,
Chancellor, West Valley-Mission
Community College District
3
23
4
Achieved Vision:
Swenson Flagship Campus
West Valley College
Saratoga, CACollege of Adaptive Arts: 11.5.22
24
5
Inclusive Collegiate Partnership
2023 Gala
Sunday, September 17, 2-4:30pm
West Valley College Campus Center
Seeking sponsorships, auction items, patrons 25
SARATOGA CITY COUNCIL
MEETING DATE:May 3, 2023
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, Consultant
SUBJECT:Catholic Charities of Santa Clara County Long-Term Care Ombudsman
Program Special Presentation
RECOMMENDED ACTION:
Receive presentation from Catholic Charities of Santa Clara County Long-Term Care Ombudsman
Program.
BACKGROUND:
Catholic Charities of Santa Clara County Long-Term Care Ombudsman Program provides free
advocacy and support for people age 60 and older living in nursing and residential care facilities.
Services include complaint investigation, response to elder and dependent adult abuse reports for
residents in care facilities, and witnessing of Advanced Health Care Directives for residents in
nursing homes. For a number of years, the City of Saratoga has provided grant funding to the
Long-Term Care Ombudsman Program in the amount of $5,000 per fiscal year.
26
Long-Term Care Ombudsman Program
Advocacy Services
Presentation to the
City of Saratoga
May 3, 2023
27
The Residents' Bill of Rights
The Nursing Home Reform Act established the following rights for nursing home residents:
•The right to freedom from abuse, mistreatment, and neglect;
•The right to freedom from physical restraints;
•The right to privacy;
•The right to accommodation of medical, physical, psychological, and social needs;
•The right to participate in resident and family groups;
•The right to be treated with dignity;
•The right to exercise self-determination;
•The right to communicate freely;
•The right to participate in the review of one's care plan, and to be fully informed in advance
about any changes in care, treatment, or change of status in the facility; and
•The right to voice grievances without discrimination
28
Contact Info:
Linda Dominguez
Program Manager
Long-Term Care Ombudsman Program
Catholic Charities of Santa Clara County
ldominguez@catholiccharitiesscc.org
408-944-0567 main
408-590-6513 x431 direct
29
SARATOGA CITY COUNCIL
MEETING DATE:May 3, 2023
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the Minutes for the April 19, 2023 City Council Regular Meeting.
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.
ATTACHMENT:
Attachment A -Minutes for the April 19, 2023 City Council Regular Meeting
30
Saratoga City Council Minutes ~ April 19, 2023 ~ Page 1 of 10
MINUTES
WEDNESDAY, APRIL 19, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:00 p.m., the City Council held a Closed Session in the Linda Callon Conference Room.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Bill Dalton
Mayor Fitzsimmons called the Regular Session to order at 7:00 p.m.
ROLL CALL
PRESENT:Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Britt Avrit, City Clerk
Nick Pegueros, Administrative Services Director
John Cherbone, Public Works Director
Debbie Pedro, Community Development Director
Nicole Johnson, Senior Planner
Lauren Blom, Public Information Officer
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on April 13, 2023.
REPORT FROM CLOSED SESSION
Mayor Fitzsimmons stated the City Council met in Closed Session prior to the Regular Session to
discuss labor negotiations with no reportable action.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Fitzsimmons invited public comment.
The following individuals spoke at this time:
John, Ramya, and Cecil from the Saratoga Music Boosters discussed the upcoming Pancake
Breakfast.
Bill Dalton discussed current labor negotiations.
ANNOUNCEMENTS
Mayor Fitzsimmons shared information about SED Talks, Arbor Day, Blossom Festival, and Blue
Gum Eucalyptus Tree Removal Permits.
31
Saratoga City Council Minutes ~ April 19, 2023 ~ Page 2 of 10
Council Member Walia shared information regarding Redwood Middle School’s upcoming
Festival of Colors event ‘HOLI.’
Council Member Aftab discussed the upcoming celebration for Eid marking the end of Ramadan.
1.CONSENT CALENDAR
Mayor Fitzsimmons invited public comment on the Consent Calendar.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the March 15, 2023 City Council Regular Meeting and the Minutes
for the April 5, 2023 City Council Regular Meeting.
AFTAB/ZHAO MOVED TO APPROVE THE MINUTES FOR THE MARCH 15, 2023
CITY COUNCIL REGULAR MEETING AS AMENDED AND SHOWN IN THE
SUPPLEMENTAL MEMO FOR THE APRIL 19, 2023 CITY COUNCIL MEETING
AND THE MINUTES FOR THE APRIL 5, 2023 CITY COUNCIL REGULAR
MEETING.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE,
WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 03/29/2023 and 04/06/2023 accounts payable vendor payment check
registers.
AFTAB/ZHAO MOVED TO REVIEW AND ACCEPT THE 03/29/2023 AND 04/06/2023
ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS.MOTION
PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO,
FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT:
NONE.
1.3. Contract Renewal for Camino Online Permit Guide Platform Software
Recommended Action:
Approve a one-year contract with Camino Technologies, Inc. for the Camino Online Permit
Guide Platform and authorize the City Manager to execute the same.
AFTAB/ZHAO MOVED TO APPROVE A ONE-YEAR CONTRACT WITH CAMINO
TECHNOLOGIES, INC. FOR THE CAMINO ONLINE PERMIT GUIDE
PLATFORM ANDAUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
32
Saratoga City Council Minutes ~ April 19, 2023 ~ Page 3 of 10
1.4. Second Amendment to the Household Hazardous Waste Agreement with Santa Clara
County
Recommended Action:
Authorize the City Manager to execute the second amendment to the Santa Clara County
Household Hazardous Waste Collection Program Agreement with a $55,251 augmentation
for Fiscal Year 2024.
AFTAB/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE SECOND AMENDMENT TO THE SANTA CLARA COUNTY HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM AGREEMENT WITH A $55,251
AUGMENTATION FOR FISCAL YEAR 2024.MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.5. Local Emergency Proclamation Termination
Recommended Action:
Adopt the Resolution proclaiming the termination of the local emergency due to severe
storms in March 2023.
RESOLUTION 23-019
AFTAB/ZHAO MOVED TO ADOPT THE RESOLUTION PROCLAIMING THE
TERMINATION OF THE LOCAL EMERGENCY DUE TO SEVERE STORMS IN
MARCH 2023.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
1.6. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval
of Engineer's Report and Adoption of Resolution of Intention for FY 23-24
Recommended Actions:
1.Adopt the Resolution granting preliminary approval of the Engineer's Report for FY
23-24 for renewing the Landscaping and Lighting Assessment District LLA-1.
2.Adopt the Resolution of Intention.
RESOLUTION 23-020
RESOLUTION 23-021
AFTAB/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 23-24 FOR
RENEWING THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
LLA-1 AND ADOPT THE RESOLUTION OF INTENTION.MOTION PASSED BY
THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
33
Saratoga City Council Minutes ~ April 19, 2023 ~ Page 4 of 10
1.7. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 23-24 for Annexation of
New Zone (Saratoga Woods - Zone 41) to the City of Saratoga Landscaping and Lighting
Assessment District, LLA-1.
Recommended Actions:
1.Adopt the Resolution granting preliminary approval of the Engineer's Report for FY
23-24 for the annexation of New Zone (Saratoga Woods – Zone 41) into the Landscaping
and Lighting Assessment District LLA-1.
2.Adopt the Resolution of Intention.
RESOLUTION 23-022
RESOLUTION 23-023
AFTAB/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 23-24 FOR
THE ANNEXATION OF NEW ZONE (SARATOGA WOODS – ZONE 41) INTO THE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT
THE RESOLUTION OF INTENTION.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.8. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 23-24 for Annexation of
New Zone (Gardiner - Zone 42) to the City of Saratoga Landscaping and Lighting
Assessment District, LLA-1.
Recommended Actions:
1.Adopt the Resolution granting preliminary approval of the Engineer's Report for FY
23-24 for the annexation of New Zone (Gardiner – Zone 42) into the Landscaping and
Lighting Assessment District LLA-1.
2.Adopt the Resolution of Intention.
RESOLUTION 23-024
RESOLUTION 23-025
AFTAB/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 23-24 FOR
THE ANNEXATION OF NEW ZONE (GARDINER – ZONE 42) INTO THE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT
THE RESOLUTION OF INTENTION.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.9. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 23-24 for Annexation of
New Zone (Lower Pierce - Zone 43) to the City of Saratoga Landscaping and Lighting
Assessment District, LLA-1.
Recommended Actions:
1.Adopt the Resolution granting preliminary approval of the Engineer's Report for FY
23-24 for the annexation of New Zone (Lower Pierce – Zone 43) into the Landscaping and
Lighting Assessment District LLA-1.
2.Adopt the Resolution of Intention.
34
Saratoga City Council Minutes ~ April 19, 2023 ~ Page 5 of 10
RESOLUTION 23-026
RESOLUTION 23-027
AFTAB/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 23-24 FOR
THE ANNEXATION OF NEW ZONE (LOWER PIERCE – ZONE 43) INTO THE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT
THE RESOLUTION OF INTENTION.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.10. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval
of Engineer's Report and Adoption of Resolution of Intention for FY 23-24 for Annexation
of New Zone (Golden Triangle - Zone 44) to the City of Saratoga Landscaping and Lighting
Assessment District, LLA-1.
Recommended Actions:
1.Adopt the Resolution granting preliminary approval of the Engineer's Report for FY
23-24 for the annexation of New Zone (Golden Triangle – Zone 44) into the Landscaping
and Lighting Assessment District LLA-1.
2.Adopt the Resolution of Intention.
RESOLUTION 23-028
RESOLUTION 23-029
AFTAB/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 23-24 FOR
THE ANNEXATION OF NEW ZONE (GOLDEN TRIANGLE –ZONE 44) INTO THE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT
THE RESOLUTION OF INTENTION.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.11. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 23-24 for Annexation of
New Zone (Burgundy - Zone 45) to the City of Saratoga Landscaping and Lighting
Assessment District, LLA-1.
Recommended Actions:
1.Adopt the Resolution granting preliminary approval of the Engineer's Report for FY
23-24 for the annexation of New Zone (Burgundy – Zone 45) into the Landscaping and
Lighting Assessment District LLA-1.
2. Adopt the Resolution of Intention.
RESOLUTION 23-030
RESOLUTION 23-031
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Saratoga City Council Minutes ~ April 19, 2023 ~ Page 6 of 10
AFTAB/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 23-24 FOR
THE ANNEXATION OF NEW ZONE (BURGUNDY – ZONE 45) INTO THE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT
THE RESOLUTION OF INTENTION.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.12. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 23-24 for Annexation of
New Zone (Austin Bainter - Zone 46) to the City of Saratoga Landscaping and Lighting
Assessment District, LLA-1.
Recommended Actions:
1.Adopt the Resolution granting preliminary approval of the Engineer's Report for FY
23-24 for the annexation of New Zone (Austin Bainter – Zone 46) into the Landscaping and
Lighting Assessment District LLA-1.
2.Adopt the Resolution of Intention.
RESOLUTION 23-032
RESOLUTION 23-033
AFTAB/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 23-24 FOR
THE ANNEXATION OF NEW ZONE (AUSTIN BAINTER – ZONE 46) INTO THE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT
THE RESOLUTION OF INTENTION.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.PUBLIC HEARINGS
2.1. Landmark Designation & Mills Act Agreement for 14275 Saratoga Avenue
Application No. LNDMRK23-0001 & MIL23-0001
Recommended Actions:
The Heritage Preservation Commission (HPC) recommends that the City Council:
1.Conduct a public hearing on the proposal to designate the subject property as a historic
landmark and enter into a Mills Act Agreement.
2.Introduce and waive first reading of the attached ordinance designating the property as
a historic landmark.
3.Direct staff to place the ordinance on the Consent Calendar for adoption at the next
regular meeting of the City Council.
4.Adopt the attached Resolution authorizing the City Manager to enter into a Mills Act
Agreement for the property located at 14275 Saratoga Avenue upon the effective date of the
landmark ordinance.
Nicole Johnson, Senior Planner, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke at this time: Bill Dalton
36
Saratoga City Council Minutes ~ April 19, 2023 ~ Page 7 of 10
PAGE/ ZHAO MOVED TO CONTINUE THE ITEM TO THE NEXT MEETING TO
AMEND THE CONTRACT TO INCLUDE A REQUIREMENT THE PROPERTY
MUST REMAIN OWNER OCCUPIED DURING THE TERM OF THE CONTRACT.
Additional discussion took place regarding changing the City’s Mills Act Policy to include
the requirement as a standard requirement going forward and potential allowance for
permitting family members to rent the property.
PAGE/ ZHAO MOVED TO CONTINUE THE ITEM AND REQUESTED STAFF
BRING THE MILLS ACT TOPIC BACK FOR FURTHER COUNCIL DISCUSSION.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
2.2. APCC23-0001 - Appeal of a Design Review application for a new two-story residence
located at 18549 Devon Avenue
Recommended Action:
Conduct a public hearing and de novo review of the appeal and adopt the attached resolution
denying appeal APCC23-0001, approving the Design Review and Arborist Review
approvals (PDR21-0009/ARB21-0089) for the construction of a new two-story residence
with a detached accessory dwelling unit (ADU) at 18549 Devon Avenue and finding the
approvals to be exempt from environmental review under the California Environmental
Quality Act (CEQA).
Council Member Aftab stated he needs to recuse himself from this item due to a conflict of
interest he has with an economic interest in the neighborhood through a Trust and left the
meeting at this time.
Nicole Johnson, Senior Planner, presented the staff report.
The Applicant and Appellant provided presentations.
Mayor Fitzsimmons invited public comment.
The following individuals spoke at this time: Jim Gensheimer, Peter Herzlinger, Fiona Guan,
Lori Ellingboe, Rose Rotherham, Mike Rouleau, Manoj Goel, Shahid Bohhari, Iryna
Chrysafis, Tom Sloan, Rahul Bansal
Mayor Fitzsimmons requested a recess at this time.
Mayor Fitzsimmons reconvened the meeting at 9:05 p.m.
RESOLUTION 23-034
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION DENYING APPEAL
APCC23-0001, APPROVING THE DESIGN REVIEW AND ARBORIST REVIEW
APPROVALS (PDR21-0009/ARB21-0089) FOR THE CONSTRUCTION OF A NEW
TWO-STORY RESIDENCE WITH A DETACHED ACCESSORY DWELLING UNIT
(ADU) AT 18549 DEVON AVENUE AND FINDING THE APPROVALS TO BE
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).MOTION PASSED BY THE
FOLLOWING VOTE: AYES: PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: AFTAB. ABSENT: NONE.
37
Saratoga City Council Minutes ~ April 19, 2023 ~ Page 8 of 10
2.3. Resolution Amending the City’s Fee Schedule Effective July 1, 2023
Recommended Action:
Adopt a Resolution Amending the City of Saratoga’s Fee Schedule Effective July 1, 2023.
Nick Pegueros, Administrative Services Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-035
PAGE/WALIA MOVED TO ADOPT A RESOLUTION AMENDING THE CITY OF
SARATOGA’S FEE SCHEDULE EFFECTIVE JULY 1, 2023.MOTION PASSED BY
THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
3.GENERAL BUSINESS
3.1. Award of Contract for Professional Audit Services
Recommended Action:
Authorize the City Manager to award a contract and execute an agreement with Moss, Levy
& Hartzheim, LLP (MLH) for a three-year engagement to provide professional audit
services in an aggregate not-to-exceed amount of $121,215 for the first three years and the
option to extend for an additional two years in an aggregate not-to-exceed amount of
$81,660.
Nick Pegueros, Administrative Services Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-036
AFTAB/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO AWARD A
CONTRACT AND EXECUTE AN AGREEMENT WITH MOSS, LEVY &
HARTZHEIM, LLP (MLH) FOR A THREE-YEAR ENGAGEMENT TO PROVIDE
PROFESSIONAL AUDIT SERVICES IN AN AGGREGATE NOT-TO-EXCEED
AMOUNT OF $121,215 FOR THE FIRST THREE YEARS AND THE OPTION TO
EXTEND FOR AN ADDITIONAL TWO YEARS IN AN AGGREGATE NOT-TO-
EXCEED AMOUNT OF $81,660.MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
3.2. 2023 Storm Emergencies Update and Budget Amendment
Recommended Action:
Adopt the Resolution amending the 2022-23 budget to increase the 2023 Storm Fund's
expenditure appropriations from $450,000 to $1,550,000 for the emergency response to the
2023 storm emergencies.
38
Saratoga City Council Minutes ~ April 19, 2023 ~ Page 9 of 10
Nick Pegueros, Administrative Services Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-037
ZHAO/WALIA MOVED TO ADOPT THE RESOLUTION AMENDING THE 2022-23
BUDGET TO INCREASE THE 2023 STORM FUND'S EXPENDITURE
APPROPRIATIONS FROM $450,000 TO $1,550,000 FOR THE EMERGENCY
RESPONSE TO THE 2023 STORM EMERGENCIES.MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
KSAR Community Access TV Board – stated the Board is working on the Board’s priorities and
efforts.
Cities Association of Santa Clara County Board of Directors – stated Assemblyman Marc Berman
was a guest speaker, a semi-annual meeting of all Council Members is taking place on June 15,
2023, and the Board voted to keep membership dues the same as FY 22-23.
Silicon Valley Clean Energy Authority Board of Directors – stated the Board approved two
contracts, the Board approved an increase to the all-electric grid discount, and stated rebates for
the Future Fit Homes Program are available.
Council Member Chuck Page
Saratoga Fire Protection District – stated he attended the Board meeting, met the current Fire
Chief and stated the Board discussed the EWAS (Emergency Warning Alarm System).
Council Finance Committee – stated the Committee selected the new audit firm and suggested the
report to the City Council include all proposals submitted.
Santa Clara Valley Water Commission – stated the Commission recommended elimination of the
drought surcharge.
Saratoga Chamber of Commerce Board – stated the Chamber is preparing for the Wine Stroll on
the Saturday before Mother’s Day, the Car Show on the fourth Sunday in July and stated there are
plans to hold a concert to kick off Car Show week.
West Valley Sanitation District Board of Directors – stated the Board held the first budget hearing
and the next hearing will be the second Tuesday in May.
Council Member Belal Aftab
Valley Transportation Authority (VTA) Policy Advisory Committee – stated the Board discussed
the biannual budget and recommended approval, and stated specifically, the Committee discussed
Measure B funds and the impact on Saratoga; the Committee received a presentation from the
CEO of Valley Transit Authority.
39
Saratoga City Council Minutes ~ April 19, 2023 ~ Page 10 of 10
Vice Mayor Yan Zhao
Nothing to report
Mayor Kookie Fitzsimmons
Nothing to report
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ADJOURNMENT
PAGE/AFTAB MOVED TO ADJOURN THE MEETING AT 9:40 P.M.MOTION PASSED
BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
40
SARATOGA CITY COUNCIL
MEETING DATE: May 3, 2023
DEPARTMENT: Administrative Services
PREPARED BY: Vivian Lu, Accounting Technician
SUBJECT: Review and Accept Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept the 04/13/2023 and 04/20/2023 accounts payable vendor payment check registers.
BACKGROUND:
The accounts payable check registers report payments to vendors for goods and services properly procured
and approved for payment in accordance with the City’s administrative purchasing policy. The information
listed below lists vendor payments exceeding $20,000 and any checks that were voided during the time
period. The complete check register(s) and summary by Fund are provided as attachments to this report.
ATTACHMENTS:
Attachment A - Check Register Reports Dated 04-13-2023
Attachment B - Check Register Reports Dated 04-20-2023
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
04/13/2023 147219 147275 57 213,255.02 4/13/2023 04/06/2023 147218
04/20/2023 147276 147323 48 870,686.83 4/20/2023 04/13/2023 147275
Accounts Payable checks issued for $20,000 or greater:
Date Check # Dept. Amount
04/13/2023 147229 Duran & Venables Inc
2023 Storm Fund PW Storm Project - Quarry Park 29,838.77
04/13/2023 147261 SCA of CA LLC
General Fund PW February 2023 Citywide Street Sweep 20,614.50
04/13/2023 147271 Villalobos & Associates CIP Street & Admin Project Fund PW Library Walkway & Stairs Improvement 24,950.00
04/20/2023 147280 BKF Engineers CIP Street Project Fund PW February 2023 Guava Court Project 24,184.47
04/20/2023 147284 Chrisp Company CIP Street Project Fund PW Railroad Crossing Improvement 62,010.00
04/20/2023 147287 Comp Shared Risk Pool Workers Comp Fund ASD FY22/23 Q4 Workers Comp Premium 50,650.75
04/20/2023 147304 SCC Off of the Sheriff General Fund ASD Law Enforcement April 2023 612,754.50
04/20/2023 147309 Robert Chavez Fencing
Park in-Lieu Fees Fund PW El Quito Park Pickleball Court Project 24,999.00
Accounts Payable checks voided during this time period:
AP Date Check #Amount
N/A
Ending Check
#
Starting
Check #Type of Checks Date
Checks ReleasedTotal Checks Amount
Accounts Payable
Accounts Payable
Fund Purpose
StatusReason Issued to
Issued to
41
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 04/13/2023 CITY OF SARATOGA VENCHK11
TIME: 17:35:50 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 10/23
FUND FUND TITLE AMOUNT
111 GENERAL FUND 79,015.17
214 2023 STORM FUND 48,608.77
241 ARROYO DE SARATOGA LANDSC 150.00
242 BONNET WAY LANDSCAPE 115.00
243 CARNELIAN GLEN LANDSCAPE 100.00
244 CUNNINGHAM/GLASGOW LANDSC 181.00
246 GREENBRIAR LANDSCAPE 400.00
248 LEUTAR COURT LANDSCAPE 100.00
249 MANOR DRIVE LANDSCAPE 200.00
252 PRIDES CROSSING LANDSCAPE 4,884.62
254 SUNLAND PARK LANDSCAPE 598.00
271 BEUACHAMPS L&L 200.00
272 BELLGROVE L&L 2,426.00
273 GATEWAY L&L 220.00
411 CIP STREET PROJECTS FUND 22,050.21
412 CIP PARKS PROJECT FUND 11,195.46
413 CIP FACILITY PROJECT FUND 823.97
414 CIP ADMIN PROJECTS FUND 8,140.00
435 ARPA/SLFRF FUND 800.03
611 LIABILITY /RISK MGMT FUND 2,028.37
612 WORKERS COMP FUND 179.89
622 IT SERVICES 8,355.90
623 VEHICLE & EQUIPMENT MAINT 7,801.44
624 BUILDING MAINTENANCE 12,231.11
713 WVCWP AGENCY FUND 2,450.08
TOTAL REPORT 213,255.02
42
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 04/13/2023 CITY OF SARATOGA VENCHK11
TIME: 17:32:42 CHECK REGISTER ACCOUNTING PERIOD: 10/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
147219 11111 04/13/23 234 A T & T 63211 MONTHLY RECUR CHARGES 167.43
147219 11111 04/13/23 234 A T & T 63211 PROSPECT CENTER 128.85
147219 11111 04/13/23 234 A T & T 63211 BLANEY IRRIGATION 27.11
147219 11111 04/13/23 234 A T & T 63211 PRSPCT CTR EMER ALARM 294.47
147219 11111 04/13/23 234 A T & T 63211 CRP YRD EMER POTS LNS 52.71
147219 11111 04/13/23 234 A T & T 63211 ALARM SYS CIVIC THTR 258.08
147219 11111 04/13/23 234 A T & T 63211 SENIOR CENTER ALARMS 54.00
TOTAL CHECK 982.65
147220 11111 04/13/23 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 65.02
147220 11111 04/13/23 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 146.18
147220 11111 04/13/23 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 48.72
147220 11111 04/13/23 35 ACCENT GRAPHICS 61123 ENVELOPES 590.91
TOTAL CHECK 850.83
147221 11111 04/13/23 66 ADVANCED LISTING SERVICES 22119 ARB22-0095 LISTING 150.00
147222 11111 04/13/23 953 ARC DOCUMENT SOLUTIONS, L 64121 PRINTING SERVICES 1,915.05
147222 11111 04/13/23 953 ARC DOCUMENT SOLUTIONS, L 64121 PRINTING SERVICES 204.18
TOTAL CHECK 2,119.23
147223 11111 04/13/23 500 BAYSIDE FELLOWSHIP 24211 DEP REFUND FACILITY 400.00
147224 11111 04/13/23 1447 BP-PAK, INC. 64528 CORP YARD ROOF REPAIR 7,752.00
147225 11111 04/13/23 1536 CALIFORNIA SPORT DESIGN 61313 UNIFORMS 1,004.48
147225 11111 04/13/23 1536 CALIFORNIA SPORT DESIGN 61313 UNIFORMS 129.54
TOTAL CHECK 1,134.02
147226 11111 04/13/23 1569 COMCAST 63213 COMCAST (PRIMARY) 561.67
147227 11111 04/13/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO18-0017 (S5058) 1,732.50
147227 11111 04/13/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO23-0008 (S6093) 2,632.50
147227 11111 04/13/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO23-0007 (S6103) 1,845.00
147227 11111 04/13/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO23-0009 (S6113) 2,002.50
147227 11111 04/13/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO23-0010 (S6123) 2,477.50
147227 11111 04/13/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO22-0019 (S6262) 1,885.00
147227 11111 04/13/23 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0043 (S6351) 1,321.50
TOTAL CHECK 13,896.50
147228 11111 04/13/23 1 DEPT OF ENVIRONMENTAL HEA 62143 PERMIT FILING FEE 2,395.00
147229 11111 04/13/23 355 DURAN & VENABLES, INC. 81161 STORM PROJ-QUARRY PK 29,838.00
147229 11111 04/13/23 355 DURAN & VENABLES, INC. 81161 STORM PROJ-QUARRY PK .77
TOTAL CHECK 29,838.77
147230 11111 04/13/23 1794 EAGLE SIGNS AND DESIGNS L 64549 PRIDES CROSSING SIGNS 4,884.62
147231 11111 04/13/23 419 EVENT SERVICES 81161 WILDWOOD PORTA POTTY 800.03
147232 11111 04/13/23 421 EWING IRRIGATION 61341 LANDSCAPE SUPPLIES 168.10
147233 11111 04/13/23 454 GACHINA LANDSCAPE MANAGEM 81161 CSP FENCE 2,614.00
147234 11111 04/13/23 455 GARDENLAND POWER EQUIPMEN 61312 SMALL TOOLS 174.89
43
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 04/13/2023 CITY OF SARATOGA VENCHK11
TIME: 17:32:42 CHECK REGISTER ACCOUNTING PERIOD: 10/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
147235 11111 04/13/23 1759 GARTON TRACTOR, INC. 64611 MAINTENANCE VEH 147.49
147236 11111 04/13/23 1709 GREEN PRO SOLUTIONS 61341 LANDSCAPE SUPPLIES 977.59
147237 11111 04/13/23 19 IAN GEDDES TREE CARE, INC 64555 PROSPECT MED MAINT 1,260.00
147238 11111 04/13/23 19 IAN GEDDES TREE CARE, INC 64581 STORM PROJ-BROOKGLEN 420.00
147239 11111 04/13/23 61 INTERSTATE BATTERY SYSTEM 61361 AUTO PARTS 157.99
147240 11111 04/13/23 500 JEAN KUNG 43481 TREE REF TRP23-0162 130.00
147241 11111 04/13/23 500 JILL HUNTER 68581 SVDC EVENT GRNT REIMB 891.00
147242 11111 04/13/23 500 JOHN BISCEGLIE 24211 DEP REFUND FACILITY 500.00
147243 11111 04/13/23 123 KELEX SECURITY 64513 CIVIC THTR FIRE ALARM 480.00
147244 11111 04/13/23 929 KOPPEL & GRUBER PUBLIC FI 65514 L&L ADMIN SVC JAN-MAR 2,366.64
147245 11111 04/13/23 500 MAHASHWETA DAS 24211 DEP REFUND FACILITY 500.00
147246 11111 04/13/23 1750 MARIO TOPETE TREE CARE, I 64581 STORM PROJ-GYPSY HILL 2,300.00
147247 11111 04/13/23 1164 MOUSER LAW FIRM 65124 FY22/23 NEGO SVCS 14,630.00
147248 11111 04/13/23 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,596.00
147249 11111 04/13/23 1732 NWESTCO LLC 62144 FEB UST INSPECT 230.00
147250 11111 04/13/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 112.49
147251 11111 04/13/23 918 O'REILLY AUTO PARTS 61361 AUTO PARTS 130.58
147252 11111 04/13/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 STORM PROJ-HAKONE GRD 16,050.00
147253 11111 04/13/23 610 PACIFIC DISPLAY, INC 64537 MAR VIL PED LIGHTING 900.00
147254 11111 04/13/23 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 302.65
147255 11111 04/13/23 173 PACIFIC GAS & ELECTRIC 63111 EL CAMINO GRANDE PUMP 97.18
147256 11111 04/13/23 500 PETER MARRA 24211 DEP REFUND FACILITY 300.00
147256 11111 04/13/23 500 PETER MARRA 24211 DEP REFUND FACILITY 300.00
TOTAL CHECK 600.00
147257 11111 04/13/23 259 PLAYGROUNDS UNLIMITED 81161 QUITO PK SLIDE PROJ 8,581.46
147258 11111 04/13/23 500 PV TREE SERVICE 43481 TREE REF TRP23-0160 130.00
147259 11111 04/13/23 1039 SANCHEZ ELECTRIC, INC. 81161 COMM CTR ELECTRIC 823.97
147260 11111 04/13/23 500 SARATOGA ROTARY 24211 DEP REFUND FACILITY 300.00
147261 11111 04/13/23 1746 SCA OF CA. LLC 64531 FEB CITYWIDE ST SWEEP 20,614.50
44
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 04/13/2023 CITY OF SARATOGA VENCHK11
TIME: 17:32:42 CHECK REGISTER ACCOUNTING PERIOD: 10/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
147262 11111 04/13/23 160 SIERRA PACIFIC TURF SUPPL 61341 LANDSCAPE SUPPLIES 293.68
147263 11111 04/13/23 500 SILICON VALLEY FOLK DANCE 24211 DEP REFUND FACILITY 500.00
147264 11111 04/13/23 1690 SOUTHERN COUNTIES LUBRICA 61362 FUEL 4,577.49
147265 11111 04/13/23 256 STEVENS CREEK QUARRY INC 81121 STREETS SUPPLIES 240.51
147265 11111 04/13/23 256 STEVENS CREEK QUARRY INC 81121 STREETS SUPPLIES 201.12
TOTAL CHECK 441.63
147266 11111 04/13/23 1453 SUPERION, LLC 64312 APR ASP SERVICES 5,545.58
147267 11111 04/13/23 1610 THE HOME DEPOT PRO 61132 JANITORIAL SUPPLIES 1,930.38
147268 391 US BANK PURCHASING CARD P VOID: MULTI STUB CHECK
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61133 FACILITIES SUPPLIES 22.02
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61132 JANITORIAL SUPPLIES 124.44
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61361 AUTO PARTS 82.90
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 64611 MAINTENANCE VEH 79.99
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 34.90
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61162 TSC MEETING EXPENSES 125.14
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61151 COMMUNITY ART SPPLS 250.00
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 62131 MARKETING EXPENSES 115.00
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 66112 MEETING EXPENSES 611.78
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61278 SOFTWARE 354.95
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61341 LANDSCAPE SUPPLIES 43.71
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61313 UNIFORMS 38.40
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61112 POSTAGE 32.52
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61192 EMPLOYEE WELLNESS 179.89
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 66321 ORAL BOARD EXPENSES 119.51
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61191 SAFETY GRANT EXPENSES 2,028.37
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 62251 ICMA MEMBERSHIP 75.00
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61151 COMMUNITY ART SPPLS 84.61
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61164 HPC SUPPLIES 318.31
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 66111 RETIREMENT LUNCH 263.95
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 23.98
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61166 PC MTG GIFT & SNACK 108.72
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61133 FACILITIES SUPPLIES 158.84
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61211 IT PARTS 195.28
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61213 SOFTWARE 79.99
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 81121 STREETS SUPPLIES 154.58
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 81121 STREETS SUPPLIES -98.43
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 66111 MEETING EXPENSES 128.88
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61331 ROAD MAINT SUPPLIES 13.06
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61331 ROAD MAINT SUPPLIES 13.87
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 81121 STREETS SUPPLIES 83.00
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 66111 MEETING EXPENSES 102.00
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 62112 PLUG N PAY 15.00
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 62251 ICC MEMBERSHIP 180.00
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 81121 STREETS SUPPLIES 119.43
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 62251 CA BLDG OFFCIAL DUES 215.00
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 64323 LICENSE SUPPORT 108.00
147269 11111 04/13/23 391 US BANK PURCHASING CARD P 61312 SMALL TOOLS 16.36
TOTAL CHECK 6,602.95
45
SUNGARD PUBLIC SECTOR PAGE NUMBER: 4
DATE: 04/13/2023 CITY OF SARATOGA VENCHK11
TIME: 17:32:42 CHECK REGISTER ACCOUNTING PERIOD: 10/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
147270 11111 04/13/23 391 US BANK PURCHASING CARD P 66211 WVCWP CONFERENCE 400.00
147270 11111 04/13/23 391 US BANK PURCHASING CARD P 63213 WVCWP INTERNET 161.77
147270 11111 04/13/23 391 US BANK PURCHASING CARD P 64311 WVCWP IT SERVICES 31.16
147270 11111 04/13/23 391 US BANK PURCHASING CARD P 66111 WVCWP MEETING EXPENSE 54.99
147270 11111 04/13/23 391 US BANK PURCHASING CARD P 61171 WVCWP OFFICE EQUIPMEN 69.41
147270 11111 04/13/23 391 US BANK PURCHASING CARD P 61111 WVCWP OFFICE SUPPLIES 892.78
147270 11111 04/13/23 391 US BANK PURCHASING CARD P 61119 WVCWP OUTREACH SUPPLY 339.06
147270 11111 04/13/23 391 US BANK PURCHASING CARD P 64313 WVCWP OUTREACH SVCS 10.00
147270 11111 04/13/23 391 US BANK PURCHASING CARD P 63211 WVCWP TELEPHONE 89.24
147270 11111 04/13/23 391 US BANK PURCHASING CARD P 62171 WVCWP VEHICLE MAINT 401.67
TOTAL CHECK 2,450.08
147271 11111 04/13/23 1524 VILLALOBOS & ASSOCIATES 81161 LIBRARY WALKWAY 17,100.00
147271 11111 04/13/23 1524 VILLALOBOS & ASSOCIATES 81161 LIBRARY WOOD STAIRS 7,850.00
TOTAL CHECK 24,950.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB ARROYO SARATOGA 150.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB BEAUCHAMPS 200.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB BELLGROVE 2,426.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB BONNET WAY 175.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB BONNIE WAY 115.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB CARNELIAN GLEN 100.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64548 FEB CIVIC CENTER 1,592.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64541 FEB CORP YARD 110.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB CUNNINGHAM/GLSGW 181.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64541 FEB EL QUITO PARK 455.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB FRANKLIN CT 110.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64541 FEB FRIENDSHIP PARK 140.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB FRUITVALE MEDIANS 700.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB GATEWAY 220.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB GREENBRIAR 400.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64541 FEB HISTORICAL PARK 265.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB HUME/PARK 75.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 81161 FEB HWY 9/FARWELL/VER 290.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB HWY 9/OAK ST 70.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64541 FEB KEVIN MORAN PARK 720.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB LEUTAR CT 100.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB MANOR DRIVE 200.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64221 FEB PARKING DISTRICTS 380.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64557 FEB QUARRY PARK 140.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB REID/HERRIMAN MED 75.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB SAN PALO CT 70.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB SARA SUNNYVALE RD 3,150.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB SARA VINEYARDS 150.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB SARATOGA AVE 1,820.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64547 FEB SUNLAND 598.00
147272 11111 04/13/23 402 VISTA LANDSCAPE & MAINTEN 64543 FEB THELMA AVE 75.00
TOTAL CHECK 15,252.00
147273 11111 04/13/23 432 WEST VALLEY COLLECTIONS 62616 APR CS BINS 536.00
147274 11111 04/13/23 1437 WESTFALL ENGINEERS, INC. 81144 MONTE VISTA SURVEY 4,250.00
147275 11111 04/13/23 1678 WILINE NETWORKS INC. 63213 ACTIVIATION SVCS 889.82
147275 11111 04/13/23 1678 WILINE NETWORKS INC. 63213 ISP ANNUAL SERVICES 1,083.56
TOTAL CHECK 1,973.38
46
SUNGARD PUBLIC SECTOR PAGE NUMBER: 5
DATE: 04/13/2023 CITY OF SARATOGA VENCHK11
TIME: 17:32:42 CHECK REGISTER ACCOUNTING PERIOD: 10/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
TOTAL FUND 213,255.02
TOTAL REPORT 213,255.02
47
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 04/20/2023 CITY OF SARATOGA VENCHK11
TIME: 12:09:51 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 10/23
FUND FUND TITLE AMOUNT
111 GENERAL FUND 649,854.02
214 2023 STORM FUND 11,545.36
241 ARROYO DE SARATOGA LANDSC 181.64
242 BONNET WAY LANDSCAPE 48.11
245 FREDERICKSBURG LANDSCAPE 326.94
246 GREENBRIAR LANDSCAPE 556.04
247 KERWIN RANCH LANDSCAPE 390.00
248 LEUTAR COURT LANDSCAPE 332.61
251 MCCARTYSVILLE LANDSCAPE 782.87
252 PRIDES CROSSING LANDSCAPE 831.77
253 SARATOGA LEGEND LANDSCAPE 200.00
254 SUNLAND PARK LANDSCAPE 709.72
255 TRICIA WOODS LANDSCAPE 100.00
256 ALLENDALE LANDSCAPE 302.59
257 COVINA LANDSCAPING DIST 786.33
271 BEUACHAMPS L&L 195.17
272 BELLGROVE L&L 1,158.21
273 GATEWAY L&L 1,008.97
274 HORSESHOE DRIVE L&L 150.00
276 TOLLGATE L&L 100.00
278 WESTBROOK L&L 100.00
279 BROOKVIEW L&L 1,574.57
292 PARAMOUNT COURT SWD 606.94
361 ARROWHEAD BOND 1,841.50
411 CIP STREET PROJECTS FUND 96,899.25
413 CIP FACILITY PROJECT FUND 3,615.13
414 CIP ADMIN PROJECTS FUND 3,153.81
422 PARK IN-LIEU FEES FUND 24,999.00
612 WORKERS COMP FUND 50,940.67
621 OFFICE SUPPORT 760.37
622 IT SERVICES 2,097.58
623 VEHICLE & EQUIPMENT MAINT 230.00
624 BUILDING MAINTENANCE 2,304.97
713 WVCWP AGENCY FUND 12,002.69
TOTAL REPORT 870,686.83
48
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 04/20/2023 CITY OF SARATOGA VENCHK11
TIME: 12:08:18 CHECK REGISTER ACCOUNTING PERIOD: 10/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
147276 11111 04/20/23 1566 A JUSTICE DESIGN 61116 EMPLOYEE RECOGNITION 239.39
147276 11111 04/20/23 1566 A JUSTICE DESIGN 61313 UNIFORMS 652.34
TOTAL CHECK 891.73
147277 11111 04/20/23 546 ASSOC OF BAY AREA GOV/ABA 63111 GAS SERVICES 1,426.74
147278 11111 04/20/23 500 AMY TAYLOR 46245 DEP REF WILDWOOD PK 80.00
147279 11111 04/20/23 1600 ARTICULATE SOLUTIONS, INC 64313 WVCWP OURTREACH SPPL 1,969.20
147280 11111 04/20/23 641 BKF ENGINEERS 81161 FEB RR XING FREDERICK 24,184.47
147281 11111 04/20/23 500 BYUNG KIM 24211 DEP REFUND FACILITY 500.00
147282 11111 04/20/23 247 CA DEPARTMENT OF CONSERVA 43476 22/23 Q3 COM SMIP FEE 444.14
147282 11111 04/20/23 247 CA DEPARTMENT OF CONSERVA 43477 22/23 Q3 RES SMIP FEE 3,879.80
TOTAL CHECK 4,323.94
147283 11111 04/20/23 692 CBSC 21932 Q3 FY22/23 CBSC FEES 1,219.43
147284 11111 04/20/23 935 CHRISP COMPANY 81161 RAILROAD CROSSING IMP 62,010.00
147285 11111 04/20/23 188 CITY OF CAMPBELL 62624 WVCWP 22/23 MAY LEASE 2,025.00
147286 11111 04/20/23 937 CITY OF SARATOGA 65134 WVCWP JAN-MAR STF SRV 3,376.50
147287 11111 04/20/23 1511 COMP SHARED RISK POOL (SH 67211 FY22/23 Q4 WC PREMIUM 50,650.75
147288 11111 04/20/23 1152 CORODATA RECORDS MANAGEME 62631 MAR RECORDS STORAGE 211.12
147289 11111 04/20/23 1717 DINSMORE LANDSCAPE COMPAN 64541 APR AZULE PARK 715.00
147289 11111 04/20/23 1717 DINSMORE LANDSCAPE COMPAN 64541 APR BROOKGLEN PARK 120.00
147289 11111 04/20/23 1717 DINSMORE LANDSCAPE COMPAN 64541 APR FOOTHILL PARK 191.00
147289 11111 04/20/23 1717 DINSMORE LANDSCAPE COMPAN 64541 APR GARDINER PARK 191.00
147289 11111 04/20/23 1717 DINSMORE LANDSCAPE COMPAN 64547 APR PRODES CROSSING 268.00
147289 11111 04/20/23 1717 DINSMORE LANDSCAPE COMPAN 64543 APR PROSPECT MEDIANS 417.00
147289 11111 04/20/23 1717 DINSMORE LANDSCAPE COMPAN 64541 APR RAVENWOOD PARK 120.00
147289 11111 04/20/23 1717 DINSMORE LANDSCAPE COMPAN 64555 APR TRL DOG STATIONS 652.00
TOTAL CHECK 2,674.00
147290 11111 04/20/23 1136 DIVISION OF THE STATE ARC 21931 JAN-MAR 23 SB1186 FEE 256.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64543 APR ALLENDALE MEDIANS 150.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR ALLNDALE/HARLEIGH 150.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64543 APR AUSTIN WAY 100.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64541 APR BEAUCHAMPS PARK 360.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64541 APR BLANEY PLAZA 300.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR BROOKGLEN LLA 175.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64543 APR CANYON VIEW/ELVA 45.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64541 APR CONGRESS SPRINGS 600.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR COVINA LLA 105.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64221 APR DOWNTOWN LNDSCAPE 700.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64221 APR DOWNTOWN TRASH 200.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR FREDRICKSBURG LLA 215.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR HORSESHOE LLA 150.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64543 APR HWY 9/VICKERY 57.00
49
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 04/20/2023 CITY OF SARATOGA VENCHK11
TIME: 12:08:18 CHECK REGISTER ACCOUNTING PERIOD: 10/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR KERWIN RANCH LLA 390.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR LEGENDS LLA 200.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64548 APR LIBRARY 688.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR MCCARTYSVILLE LLA 325.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64543 APR PALO OAKS/COX AVE 132.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR PARAMOUNT LLA 495.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64541 APR PARK TRASH DETAIL 575.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64542 APR PROSPECT CENTER 600.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64543 APR QUITO/MARTHA 150.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64543 APR SARATOGA/KOSICH 85.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64543 APR SEAGRAVES 100.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR TOLLGATE LLA 100.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR TRICIA WOODS LLA 100.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64543 APR TRINITY 40.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64547 APR WESTBROOK LLA 100.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 64543 APR WORDEN WAY MED 88.00
147291 11111 04/20/23 454 GACHINA LANDSCAPE MANAGEM 81161 APR MNTHLY WEED ABATE 884.00
TOTAL CHECK 8,359.00
147292 11111 04/20/23 455 GARDENLAND POWER EQUIPMEN 81121 STORM PROJ-GENERATORS 944.84
147292 11111 04/20/23 455 GARDENLAND POWER EQUIPMEN 81121 STORM PROJ-GENERATORS 1,465.52
TOTAL CHECK 2,410.36
147293 11111 04/20/23 1709 GREEN PRO SOLUTIONS 61341 LANDSCAPE SUPPLIES 936.02
147294 11111 04/20/23 1543 HAKONE FOUNDATION 68528 FY22/23 COMM. GRANT 4,900.00
147295 11111 04/20/23 500 HECTOR ACOSTA 46243 REF DEP QUITO PK 40.00
147296 11111 04/20/23 14 HYDROTEC IRRIGATION EQUIP 64549 ORCHARD VALVES RPR 195.38
147296 11111 04/20/23 14 HYDROTEC IRRIGATION EQUIP 64549 BIG BASIN WY BACKFLOW 111.50
147296 11111 04/20/23 14 HYDROTEC IRRIGATION EQUIP 64549 SARA/SUNNYVL BACKFLOW 408.61
147296 11111 04/20/23 14 HYDROTEC IRRIGATION EQUIP 64549 FOOTHILL PK BACKFLOW 256.95
TOTAL CHECK 972.44
147297 11111 04/20/23 19 IAN GEDDES TREE CARE, INC 64581 STORM PROJ-WILDWOOD 9,135.00
147298 11111 04/20/23 500 KAL CONSTRUCTION, INC 21931 REF BUS-014135 .40
147298 11111 04/20/23 500 KAL CONSTRUCTION, INC 43473 REF BUS-014135 3.60
147298 11111 04/20/23 500 KAL CONSTRUCTION, INC 41411 REF BUS-014135 45.00
TOTAL CHECK 49.00
147299 11111 04/20/23 1595 KEENAN & ASSOCIATES 67711 WVCWP AUTO INS 23/24 538.00
147299 11111 04/20/23 1595 KEENAN & ASSOCIATES 67713 WVCWP LIAB INS 23/24 4,093.99
TOTAL CHECK 4,631.99
147300 11111 04/20/23 500 MONIKA RICH 24211 DEP REFUND FACILITY 500.00
147301 11111 04/20/23 110 NBS-GOVT FINANCE GROUP 22151 BONDS LIB PROJ FEES 1,932.33
147301 11111 04/20/23 110 NBS-GOVT FINANCE GROUP 71123 BONDS ARROWHEAD FEES 1,841.50
TOTAL CHECK 3,773.83
147302 11111 04/20/23 1732 NWESTCO LLC 62144 MAR UST INSPECT 230.00
147303 11111 04/20/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 122.21
147303 11111 04/20/23 1745 ODP BUSINESS SOLUTIONS, L 81161 ENVELOPES 244.53
50
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 04/20/2023 CITY OF SARATOGA VENCHK11
TIME: 12:08:18 CHECK REGISTER ACCOUNTING PERIOD: 10/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
147303 11111 04/20/23 1745 ODP BUSINESS SOLUTIONS, L 81161 LABELS 109.28
TOTAL CHECK 476.02
147304 11111 04/20/23 1 OFF OF SHERIFF-FISCAL SVC 64811 APR 2023 LAW ENFORCE 612,754.50
147305 11111 04/20/23 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 24.05
147305 11111 04/20/23 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 504.84
TOTAL CHECK 528.89
147306 11111 04/20/23 173 PACIFIC GAS & ELECTRIC 63111 PUB LIB/LNDSCP LIGHTS 23.82
147307 11111 04/20/23 1092 PALACE ART & OFFICE SUPPL 61121 PAPER 36.47
147307 11111 04/20/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 81.64
147307 11111 04/20/23 1092 PALACE ART & OFFICE SUPPL 61121 PAPER 512.78
TOTAL CHECK 630.89
147308 11111 04/20/23 1777 PUBLIC SOLUTION CONSULTIN 64549 REVIEW OF LANDSCAPE MAINT 152.59
147308 11111 04/20/23 1777 PUBLIC SOLUTION CONSULTIN 64549 REVIEW OF LANDSCAPE MAINT 195.17
147308 11111 04/20/23 1777 PUBLIC SOLUTION CONSULTIN 64549 REVIEW OF LANDSCAPE MAINT 681.33
147308 11111 04/20/23 1777 PUBLIC SOLUTION CONSULTIN 64549 REVIEW OF LANDSCAPE MAINT 709.72
147308 11111 04/20/23 1777 PUBLIC SOLUTION CONSULTIN 64549 REVIEW OF LANDSCAPE MAINT 1,107.46
TOTAL CHECK 2,846.27
147309 11111 04/20/23 1338 ROBERT CHAVEZ FENCING 81161 QUITO PICKLEBALL CT 24,999.00
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 12050 BROOKGLN DR 50% 292.11
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 ARROYO DE SARATOGA 181.64
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 BELLGROVE 1,158.21
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 BONNET WAY 10% 48.11
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 FREDERICKSBURG 111.94
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 GATEWAY PROJECT 1,008.97
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 GREENBRIAR 556.04
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 LEUTAR CT 332.61
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 MCCARTYSVILLE 25% 91.57
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 PARAMOUNT COURT 111.94
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 769.65
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 PRIDES CROSSING 563.77
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 MCCARTYSVILLE 366.30
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 MEDIANS/PARKWAYS 369.22
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 MED/PRKWYS 90% BONNET 433.04
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 MED/PRKWYS 50% BRKGLN 292.10
147310 11111 04/20/23 87 SAN JOSE WATER COMPANY 63112 MED/MCCARTYSVILLE 75% 274.72
TOTAL CHECK 6,961.94
147311 11111 04/20/23 1039 SANCHEZ ELECTRIC, INC. 81161 THEATER LOBBY PROJ 3,615.13
147311 11111 04/20/23 1039 SANCHEZ ELECTRIC, INC. 61133 FACILITIES SUPPLIES 225.89
TOTAL CHECK 3,841.02
147312 11111 04/20/23 1 SANTA CLARA COUNTY - DTAC 62325 MAR HANDICAP CITATION 69.60
147312 11111 04/20/23 1 SANTA CLARA COUNTY - DTAC 62325 MAR PARKING CITATION 212.50
TOTAL CHECK 282.10
147313 11111 04/20/23 1 SANTA CLARA COUNTY SHERIF 21254 DED:2014 SCC W/H 494.51
147314 11111 04/20/23 98 SARATOGA CHAMBER OF COMME 68131 Q4 PYMT 4/1-6/30/22 4,162.25
51
SUNGARD PUBLIC SECTOR PAGE NUMBER: 4
DATE: 04/20/2023 CITY OF SARATOGA VENCHK11
TIME: 12:08:18 CHECK REGISTER ACCOUNTING PERIOD: 10/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
147315 11111 04/20/23 874 SILICON CONSTELLATIONS, I 81121 HWY9/OAK ST CROSSWALK 9,820.78
147316 11111 04/20/23 248 STATE OF CA FRANCHISE TAX 21252 DED:2011 FTB W/H 50.00
147317 11111 04/20/23 1453 SUPERION, LLC 66211 CONFERENCE- BUNDANG 849.00
147317 11111 04/20/23 1453 SUPERION, LLC 66211 CONFERENCE- XU 849.00
TOTAL CHECK 1,698.00
147318 11111 04/20/23 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 207.92
147318 11111 04/20/23 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 82.00
TOTAL CHECK 289.92
147319 11111 04/20/23 1284 TRIPEPI, SMITH & ASSOCIAT 65114 ASSIST CM RECRUITMENT 3,424.00
147320 11111 04/20/23 395 VERIZON WIRELESS 63212 BUILDING & INSPECTION 152.90
147320 11111 04/20/23 395 VERIZON WIRELESS 63212 GENERAL ENGINEERING 261.36
147320 11111 04/20/23 395 VERIZON WIRELESS 63212 IT SERVICES 98.83
147320 11111 04/20/23 395 VERIZON WIRELESS 63212 PARKS 73.06
147320 11111 04/20/23 395 VERIZON WIRELESS 63212 STREETS 81.50
TOTAL CHECK 667.65
147321 11111 04/20/23 1524 VILLALOBOS & ASSOCIATES 81161 LIBRARY STAIRWAY IMP 2,000.00
147321 11111 04/20/23 1524 VILLALOBOS & ASSOCIATES 81161 LIBRARY STAIRWAY IMP 800.00
TOTAL CHECK 2,800.00
147322 11111 04/20/23 1571 WORKTERRA 64163 MAR FLEX ADM FEES 200.00
147323 11111 04/20/23 696 ZAG TECHNICAL SERVICES, I 64315 MAR IT SUPPORT SVCS 1,998.75
TOTAL FUND 870,686.83
TOTAL REPORT 870,686.83
52
SARATOGA CITY COUNCIL
MEETING DATE:May 3,2023
DEPARTMENT:Administrative Services
PREPARED BY:Ann Xu, Accountant
SUBJECT:Treasurer’s Report for the Month Ended March 31, 2023
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended March 31, 2023.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submits 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 the present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of March 31, 2023, the City’s unaudited cash and investments totaled $39,255,844. 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 the 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 of
$39.3 million exceeds the minimum amount required.
Comerica Bank 1,951,336$
Deposit with LAIF 37,304,508$
Total Cash 39,255,844$
Cash Summary
53
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 estimated expenditure requirements for the next six months. As of
March 31, 2023, the City’s financial position (Assets $39.4M, Liabilities $5.1M, and Fund
Equity $34.3M) remains very strong and there are no issues in meeting financial obligations now
or in the foreseeable future.
The following Fund Balance schedule represents actual funding available for all funds at the end
of the monthly period. This amount differs from the above Cash Summary schedule as assets and
liabilities are components of the fund balance. As illustrated in the summary below, Total Cash
is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the
Ending Fund Balance –which represents the actual amount of funds available.
ATTACHMENTS:
Table 1 – Change in Total Fund Balances by Fund
Table 2 – Change in Total Fund Balances by CIP Project
Chart 1 – Change in Investment Pool Balance by Month
Chart 2 – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
"+
Total Cash 39,255,844$
Plus: Assets 129,746
Less: Liabilities (5,124,472)
Ending Fund Balance 34,261,118$
Adjusting Cash to Ending Fund Balance
54
TABLE 1: CHANGES IN TOTAL FUND BALANCE
*Negative fund balance due to authorized spending of anticipated revenues
Fund Description
Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
Jul - Feb
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
Fund Balance
3/31/2023
General Fund
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 3,509,000 - - - - - 3,509,000
Carryforwards Reserve 20,000 - - - - - 20,000
Facility Reserve 3,700,000 - - - - - 3,700,000
Unassigned Fund Balances:
Working Capital Reserve 1,000,000 - - - - - 1,000,000
Fiscal Stabilization Reserve 3,250,000 - - - - - 3,250,000
Compensated Absences Reserve 330,000 - - - - - 330,000
Other Unassigned Fund Balance Reserve (Pre YE distribution)2,601,458 714,231 2,657,156 (2,540,490) - (2,789,000) 643,355
General Fund Total 15,410,458 714,231 2,657,156 (2,540,490) - (2,789,000) 13,452,355
Special Revenue
Landscape/Lighting Districts 977,231 92,900 9,434 (47,814) - - 1,031,750
ARPA Federal Grants 7,127,589 - - - - - 7,127,589
2023 Storm Fund - (310,287) - (307,151) - - (617,438) *
Special Revenue Fund Total 8,104,820 (217,387) 9,434 (354,966) - - 7,541,901
Debt Service
Library Bond 805,311 (299,663) 2,082 - - - 507,730
Arrowhead Bond 124,402 24,202 - (767) - - 147,837
Debt Service Fund Total 929,714 (275,461) 2,082 (767) - - 655,567
Internal Service Fund
Liability/Risk Management 641,403 (447,677) 191,246 (8,635) - - 376,336
Workers Compensation 232,829 (59,734) 62,105 (7,699) - - 227,501
Office Support Fund 155,443 1,521 8,937 (4,048) - - 161,854
Information Technology Services 661,159 (106,192) 199,338 (62,065) - - 692,241
Vehicle & Equipment Maintenance 278,317 (23,242) 68,316 (49,123) - - 274,268
Building Maintenance 764,302 (119,580) 229,119 (110,667) - - 763,174
Vehicle & Equipment Replacement 624,103 62,001 37,263 - - - 723,367
Technology Replacement 798,337 55,717 37,263 (4,007) - - 887,310
Facility FFE Replacement 753,653 67,939 49,684 (18,974) - - 852,302
Internal Service Fund Total 4,909,545 (569,247) 883,272 (265,219) - - 4,958,353
Trust/Agency
WVCWP Agency Fund 558,655 49,238 6,372 (52,914) - - 561,350
Trust/Agency Fund Total 558,655 49,238 6,372 (52,914) - - 561,350
Capital Project
Street Projects 3,381,066 (1,415,222) 37,901 (66,158) 2,239,000 - 4,176,588
Park and Trail Projects 849,562 (153,554) 86,000 (15,949) 275,000 - 1,041,059
Facility Projects 623,475 (131,568) 3,858 (41,000) - - 454,765
Administrative Projects 1,429,921 (316,540) 53,674 (20,310) 275,000 - 1,421,745
Tree Fund Projects 52,541 600 - - - - 53,141
Park In-Lieu Projects 1,172,555 22,383 - (40,593) - - 1,154,345
CIP Grant Street Projects (46,912) (9,327) - (1,806) - - (58,046) *
CIP Grant Park & Trail Projects - 100,000 (5,000) - - - 95,000
CIP Grant Administrative Projects (164,574) (22,413) - - - - (186,987) *
CIP Grant ARPR/SLFRF Projects - (512,076) - (21,301) - - (533,377) *
Gas Tax Fund Projects 247,731 (893,842) 119,471 - - - (526,640) *
CIP Fund Total 7,545,366 (3,331,559) 295,904 (207,118) 2,789,000 - 7,091,593
Total City 37,458,558 (3,630,185) 3,854,220 (3,421,474) 2,789,000 (2,789,000)34,261,118
55
TABLE 2: FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
Jul - Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/2023
Street Projects
Annual Road Improvements 1,009,556 (884,259) 37,901 (19,703) 1,000,000 - 1,143,495
Roadway Safety & Traffic Calming 147,118 (42,201) - (41,468) 150,000 - 213,449
Citywide Traffic Signal Battery Backup 266,315 (24,324) - - 30,000 - 271,991
Portable Radar Feedback Sign 1,548 - - - - - 1,548
Local Roadway Safety Plan 3,410 (363) - - - - 3,047
Traffic Signal Controller Upgrades - - - - 80,000 - 80,000
Prospect/Saratoga Median Improvement 309,379 - - - - - 309,379
Village Clock 8,626 (6,066) - - - - 2,560
Big Basin Way/Blaney Trash Can Replacement 50,802 (18,000) - - - - 32,802
Annual Infrastructure Maintenance & Repairs 41,431 (73,686) - (2,700) 250,000 - 215,045
Guava Court Curb & Gutter Replacement 280,000 - - - - - 280,000
El Camino Grande Storm Drain Pump 104 - - - - - 104
Saratoga Village Crosswalk & Sidewalk Rehabilitation 49,055 (17,331) - - - - 31,724
Quito Road Sidewalk Improvements 43,370 - - - - - 43,370
Saratoga/Sunnyvale Road Sidewalk 92,158 - - - - - 92,158
Saratoga Sunnyvale Rd. Pathway Rehab Cox to RRX - - - - 50,000 - 50,000
Quito Road Sidewalk Rehabilitation and Gap Closure 182,609 - - - - - 182,609
Quito Road Sidewalk Rehabilitation Gap Closure Phase 2 - - - - 300,000 - 300,000
Fourth Street Bridge Widening 99,837 (2,797) - (234) - - 96,806
Quito Road Bridge Replacement 132,197 (4,719) - - - - 127,478
Quito Road Bridge - ROW Acquisition 3,662 - - - - - 3,662
Bridge Rehabilitation Project Phase 1 - - - - 350,000 - 350,000
Annual Retaining Wall Maintenance & Repairs 193,860 (17,022) - (1,107) 171,410 - 347,141
Mt. Eden Erosion Repair 59,622 (3,866) - (945) - - 54,811
Continental Circle Landslide Stabilization 57,447 - - - - - 57,447
Pierce Road Retainment 328,880 (320,589) - - 28,590 - 36,881
Mt. Eden Emergency Landslide 20,080 - - - - - 20,080
Unallocated Street Funds - - - - (171,000) - (171,000)
Total Street Projects 3,381,066 (1,415,222) 37,901 (66,158) 2,239,000 - 4,176,588
Parks & Trails Projects
Park/Trail Repairs 32,873 (2,850) - (7,380) 250,000 - 272,643
Hakone Gardens Infrastructure Improvements 16,599 - - - 25,000 - 41,599
Hakone Pond Reconstruction 300,000 - - - - - 300,000
Beauchamps Park Playground Replacement 35,131 (25,988) - (7,870) - - 1,274
Guava/Fredericksburg Entrance 235,970 (124,716) - (700) - - 110,554
Saratoga Village to Quarry Park Walkway - Design 228,989 - - - - - 228,989
Unallocated Park Funds - - 86,000 - - - 86,000
Total Parks & Trails Projects 849,562 (153,554) 86,000 (15,949) 275,000 - 1,041,059
Facility Projects
Open Work Space 80,000 - - - - - 80,000
Civic Theater Improvements - 17,026 3,858 - - - 20,885
PEG Funded Project 113,650 38,083 - - - - 151,733
Community Center Improvement 24,513 (4,205) - - - - 20,308
Community Center Generator and EV Charging Stations 395,312 (187,473) - (41,000) - - 166,839
Library Building Exterior Maintenance 10,000 5,000 - - - - 15,000
Total Facility Projects 623,475 (131,568) 3,858 (41,000) - - 454,765
Administrative and Technology Projects
Safe Routes to School - (1,245) - - 160,000 - 158,755
City Website/Intranet 16,948 - - - - - 16,948
Development Technology 20,538 (15,600) 406 - - - 5,344
Software Technology Management 118,695 49,619 7,557 - - - 175,871
LLD Initiation Match Program 25,000 - - - - - 25,000
Horseshoe Beautification 13,295 (2,030) - (585) - - 10,680
Business Renewal Program 6,643 (2,345) - - - - 4,298
Citywide Accessibility Assessment 28,066 (72,780) - - 100,000 - 55,286
City Art Program 53,669 - - - 25,000 - 78,669
Safe Routes to School Needs Assessment 15,748 - - - - - 15,748
El Quito Neighborhood Improvements 284,507 - - - - - 284,507
Parking District ADA Improvements and Rehabilitation 250,000 - - - - - 250,000
Storm Drain Master Plan 300,000 - - - - - 300,000
ADA Self Assessment - (2,250) - - 322,500 - 320,250
General Plan Update 238,592 (269,908) 45,710 (19,725) 250,000 - 244,669
Wildfire Mitigation Program 4,067 - - - - - 4,067
Risk Management Project Funding 54,153 - - - - - 54,153
Unallocated Administrative Funds - - - - (582,500) - (582,500)
Total Administrative and Technology Projects 1,429,921 (316,540) 53,674 (20,310) 275,000 - 1,421,745
56
TABLE 2 (cont.): FUND BALANCES BY CIP PROJECT
*Negative fund balance due to authorized spending of anticipated revenues
CIP Funds/Projects
Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
Jul - Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/2023
Tree Fund Projects
Citywide Tree Planting Program 26,666 600 - - - - 27,266
Tree Dedication Program 25,875 - - - - - 25,875
Total Tree Fund Projects 52,541 600 - - - - 53,141
Park In-Lieu Projects
Orchard Irrigation & Tree Planting 10,947 - - (37,710) 30,000 - 3,237
Hakone Gardens Infrastructure 82,420 - - - - - 82,420
Hakone Gardens Neighbor Wood Fence Replacement - - - 75,000 - 75,000
Quarry Park Maintenance Building Utility Project - - - 35,000 - 35,000
Beauchamps Park Playground Replacement 10,079 (60,079) - - 50,000 - -
EL Quito Park Pickleball - (12,322) - (2,883) 154,299 - 139,094
Joe's Trail Phase II - (1,245) - - 132,000 - 130,755
Joe's Trail Phase III - - - - 264,000 - 264,000
Trail Pet Stations 25,000 - - - - - 25,000
Saratoga Village to Quarry Park Walkway - Design 73,810 - - - 150,000 - 223,810
Village Oaks Bridge Reconstruction and Erosion Control - - - - 30,000 - 30,000
Hakone Gardens to Quarry Park Trail Gap Closure Phase 1 - - - - 50,000 - 50,000
Park and Trail Fire Mitigation - - - - 100,000 - 100,000
Unallocated Park In-Lieu Funds 970,299 96,029 - - (1,070,299) - (3,971)
Total Park In-Lieu Projects 1,172,555 22,383 - (40,593) - - 1,154,345
CIP Grant Street Projects
Local Roadway Safety Plan (1,619) (3,263) - - - - (4,882) *
Prospect/Saratoga Median Improvement (19,217) 3,099 - - - - (16,119) *
Citywide Signal Upgrade II 18 - - - - - 18
Saratoga Ave Sidewalk (34,146) - - - - - (34,146) *
Village Sidewalk, Curb & Gutter - Phase II Construction (91) - - - - - (91) *
Saratoga Village Crosswalk & Sidewalk Rehabilitation (834) - - - - - (834) *
4th Street Bridge - (9,163) - (1,806) - - (10,969) *
Quito Bridge Replacement 18,597 - - - - - 18,597
Quito Road Bridges - ROW Acquisition (9,619) - - - - - (9,619) *
Total CIP Grant Street Projects (46,912) (9,327) - (1,806) - - (58,046)
CIP Grant Park & Trail Projects
Park and Trail Fire Mitigation - 100,000 (5,000) - - - 95,000
Total CIP Grant Park & Trail Projects - 100,000 (5,000) - - - 95,000
CIP Grant Administrative Projects
CDD Software/ADA (14,574) 54,310 - - - - 39,736
General Plan Update (LEAP)(150,000) (76,723) - - - - (226,723) *
Total CIP Grant Administrative Projects (164,574) (22,413) - - - - (186,987)
CIP Grant ARPA/SLFRF Projects
Storm Water Master Plan - (374,297) - (1,498) - - (375,795) *
Stormwater Pollution Prevention Program Compliance (SWPPP)- (4,663) - - - - (4,663) *
Saratoga Village Water Improvement - (133,116) - (19,804) - - (152,920) *
Total CIP Grant ARPA/SLFRF Projects - (512,076) - (21,301) - - (533,377)
Gas Tax Fund Projects
Annual Roadway Improvements 194,170 (893,842) 119,471 - - - (580,201) *
Prospect/Saratoga Median Improvements 48,278 - - - - - 48,278
Big Basin Way Sidewalk Repairs (1,802) - - - - - (1,802) *
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 247,731 (893,842) 119,471 - - - (526,640)
Total CIP Funds 7,545,366 (3,331,559) 295,904 (207,118) 2,789,000 - 7,091,593
57
CHART 1: CHANGE IN INVESTMENT POOL BALANCE BY MONTH
58
CHART 2
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 0.23
2022 0.32 0.75 1.35 2.07
2023 2.74
Quarterly Apportionment Rates
Local Agency Investment Fund
59
SARATOGA CITY COUNCIL
MEETING DATE:May 3,2023
DEPARTMENT:Administrative Services
PREPARED BY:Ann Xu, Accountant
SUBJECT:Authorization to Write Off Bad Debt
RECOMMENDED ACTION:
Authorize write off bad debt totaling $1,449 as of March 31, 2023.
BACKGROUND:
Over the last several years, the Finance Department has made multiple attempts to contact
customers with outstanding invoices but have not received any response.It is determined that it is
unlikely that we will be able to collect these receivables in the future, and therefore are requesting
authorization to write them off. The table below provides summary information on the
outstanding invoices.
OUTSTANDING FALSE ALARM INVOICES
NAME INVOICE DATE INVOICE NUMBER CURRENT AMOUNT DUE
BUTCHER RESIDENCE 8/11/2020 FA00000828 0.50
FARIDMOAYER
RESIDENCE 2/12/2018 FA00000780 196.50
GAGLIASSO RESIDENCE 5/23/2017 FA00000738 1.00
5/30/2017 FA00000746 2.00
12/7/2017 FA00000777 133.00
136.00
JOSLYN RESIDENCE 8/23/2018 FA00000785 62.50
KHAZIRI RESIDENCE 8/11/2020 FA00000830 0.50
SAGHEZCHI RESIDENCE 11/9/2021 FA00000842 50.00
12/7/2021 FA00000844 1,000.00
1,050.00
STOLLE RESIDENCE 3/10/2020 FA00000823 3.00
TOTAL FALSE ALARM BALANCE DUE=1,449.00
60
SARATOGA CITY COUNCIL
MEETING DATE:May 3, 2023
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Consultant
SUBJECT:Renaming of Friendship Hall at Saratoga Prospect Center the Jack Mallory
Friendship Hall
RECOMMENDED ACTION:
Adopt the resolution renaming Friendship Hall at Saratoga Prospect Center to the Jack Mallory
Friendship Hall and allocating $2,500 from the City Council Discretionary Fund for updated
signage or $3,350 from the City Council Discretionary Fund for both updated signage and
commemorative plaque.
BACKGROUND:
This item has been included on the May 3, 2023 agenda at the request of Mayor Kookie
Fitzsimmons to provide the City Council with the opportunity to rename Friendship Hall at
Saratoga Prospect Center to Jack Mallory Hall. Jack Mallory, a former City Council Member,
passed away on March 4, 2023. Jack was often referred to as Mr. Saratoga. He founded the annual
Fourth of July Celebration, was involved with many of Saratoga’s community organizations, and
led the efforts to preserve the North Campus.
At the direction of the City Council, the Parks and Recreation Commission conducted a public
contest to rename the North Campus and the two buildings at the site. In December 2009, the City
Council adopted new names. Now, the North Campus is known as Saratoga Prospect Center and
the two building on the site are Friendship Hall and the Grace Building.
If the City Council adopts the resolution renaming Friendship Hall to Jack Mallory Friendship
Hall, new signage will be required. The cost of signage is estimated at $2,500.Optionally, the City
Council may also direct staff to place a plaque commemorating the renaming of Friendship Hall
inside the building. The cost of a plaque is estimated at $850. Funding is available in the City
Council Discretionary Fund for both signage and a plaque.
ATTACHMENTS:
Attachment A –Resolution Renaming Friendship Hall at Saratoga Prospect Center
Attachment B –Saratoga Prospect Center Site Diagram
61
RESOLUTION NO. 23-___
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA RENAMING FRIENDSHIP HALL AT
SARATOGA PROSPECT CENTER TO THE JACK MALLORY FRIENDSHIP HALL
WHEREAS, the City Council has full discretion to name and rename City-owned lands
and facilities; and
WHEREAS, in March 2023, former Council Member Jack Mallory passed away; and
WHEREAS, Jack Mallory was known widely as “Mr. Saratoga” for his involvement in a
large number of community organizations and commitment to building community; and
WHEREAS, Jack Mallory was instrumental in preserving the Saratoga Prospect Center;
and
WHEREAS, the City Council wishes to honor Jack Mallory’s impact on Saratoga and
contributions to the community by renaming Friendship Hall at Saratoga Prospect Center to the
Jack Mallory Friendship Hall;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
renames Friendship Hall at Saratoga Prospect Center to the Jack Mallory Friendship Hall.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 3rd day of May 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kookie Fitzsimmons, Mayor
ATTEST:
DATE:
Britt Avrit, MMC
City Clerk
1638929.1
62
Saratoga Prospect Center Site Diagram
Grace Building
Friendship Hall
63
CITY OF SARATOGA
Memorandum
To: Mayor Fitzsimmons & Members of the Saratoga City Council
From: Britt Avrit, City Clerk
Meeting Date: May 3, 2023
Subject: Written Communications, Item 2.1
Following publication of the agenda packet for the May 3, 2023 City Council Meeting, written
communications were submitted for Item 2.1. The communications are attached to this memo.
64
From:Crystal Bothelio
To:Britt Avrit
Subject:FW: Friendship Hall May 3rd discussion
Date:Monday, May 1, 2023 8:07:48 AM
From: Jack or Sue Mallory
Sent: Friday, April 28, 2023 12:44 AM
To: Janet Costa <jcosta@saratoga.ca.us>
Subject: Re: Friendship Hall May 3rd discussion
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
Hi Janet,
My daughter, Stacy, sent this to you as I was having so much trouble. Please send this edition to Crystal
and say how sorry I am that it is so late, and to the Mayor & Council members. Thanks very much for all
your help. Sue
Note this latest email contains an important correction. The date the Council voted to sell the North
Campus was Feb 15, 2005, not June 6, 2006
In a message dated 4/27/2023 11:48:39 PM Pacific Standard Time, writes:
Dear Janet,
Please send this email to the Mayor and Council members.
Thank you for considering the renaming of Friendship Hall in honor of Jack. I would like to suggest that
instead of renaming it, you simply add on “The Jack Mallory“ to Friendship Hall, so it would officially be
called The Jack Mallory Friendship Hall.
I was encouraged to send you this email as to why I think this would be a fitting tribute to Jack. It could be
inspirational to others.
During the 1980s, Jack was a member of Grace Methodist Church with Pastor Robert Swartz, which is
now North Campus Prospect Center. In the late 1990s, when Pastor Swartz left for Carson City, Nevada,
Jack joined Saratoga Federated Church.
In 2002, when Ann Waltonsmith was Mayor, the city purchased the property for $4.5 million, about $1.4
million below the highest bid. There was a verbal agreement with the church to keep the property for
community use. When a new council came along and needed money, they voted 3 to 2 on Feb.16, 2005 to
sell North Campus for $7 million. Jack and others were most upset! As quoted in the May 31, 2006
Saratoga News, “Ex-councilmember Jack Mallory organized the Citizens Committee to Save Saratoga’s
North Campus.“ Former Mayor Ann Waltonsmith, Jeff Schwartz, and Jack Mallory, with the Citizens
Committee of former council members and many citizens worked to save the North Campus. At the polls
on June 6, 2006, 78% of Saratoga voters agreed to save the North Campus!
Jack visited Friendship Hall for many different events after it opened in May 2007, such as hosted
Christmas parties, Ramadan dinners. receptions and other events.
65
In his nomination for Saratoga Citizen of the Year for 1994, he was asked to write about his values that
drove his past contributions. He wrote:
A - Making my neighborhood a true neighborhood by bringing people together.
B - Giving back to the community because a community is only as good as you personally make it.
C - Supporting community leaders who are accomplishing community goals.
D - Participating, not to enhance my job, but for my family and my community
E - Enjoying meeting and working with others who share mutual goals of supporting positive community
programs.
F- Giving my children an example that we all need to give back to the community what others have
given to us.
G - Envisioning what things can be.
When Jack was named 1994 Citizen of the Year, the City Council prepared a Resolution commending
Jack with eight Whereas's, which ended with “Now Therefore, Be It Resolved, Jack Mallory is hereby
commended, and thanked most heartily for his public spirit, and willingness to give of himself to make
Saratoga a better place to live.“ Ayes: Council members, Jacobs, Moran, Tucker, Wolfe and Mayor Ann
Marie Burger. Noes: None.
On September 17, 2003, the Saratoga City Council gave a Commendation Expressing Appreciation to
John “Jack” Mallory that ended “Is hereby commended and thanked for his outstanding participation and
dedication to the City of Saratoga.”
On July 4, 2022, Jack was again honored by then Mayor Tina Walia with another Commendation with
eight Whereas’s and “Now, Therefore, Be It Resolved, that the Mayor of Saratoga does hereby commend
Jack Mallory for his commitment and service to the Saratoga community, extend heartfelt thanks to Jack
for keeping the spirit of the 4th of July alive in Saratoga, and encourage all residents to follow Jack’s
model for community engagement.“
With Jack’s many Saratoga leadership positions, memberships and volunteering activities, along with the
title “Mr. Saratoga”, by which many know him, the naming of a building at North Campus Prospect
Center is a very fitting tribute. He would have loved to know Friendship Hall might be known as The Jack
Mallory Friendship Hall. His whole family concurs.
Sincerely,
Sue Mallory
(sent by daughter Stacy Mallory Tredennick)
66
From:noreply@civicplus.com
To:Chuck Page; Yan Zhao; Belal Aftab; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal Bothelio
Subject:Online Form Submittal: Council Comments Form
Date:Wednesday, May 3, 2023 4:15:35 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Council Comments Form
Your Name Bill Cooper
Phone Number
Email Address
Subject 2.1. Renaming of Friendship Hall at Saratoga Prospect Center
the Jack Mallory Friendship Hall
Comments What a great idea and fitting tribute to a wonderful citizen,
community servant and leader, and friend of all!
Email Subscription Subscribe
Email not displaying correctly? View it in your browser.
67
SARATOGA CITY COUNCIL
MEETING DATE: May 3, 2023
DEPARTMENT: City Manager’s Department
PREPARED BY: Crystal Bothelio, Consultant
SUBJECT: Fiscal Year 2023/24 Community Event Grant Program Competitive
Allocations
RECOMMENDED ACTION:
Consider the following Library and Community Engagement Commission recommendation for
Fiscal Year 2023/24 Community Event Grant Program competitive allocations:
• Blossom Festival Table: $500
• Mural, Mural, on the Wall: $1,700 (if final artwork follows art approval process
described in City of Saratoga Public Art Policy regardless of final mural location)
• Dragon Boat Festival: $2,000
• 'Saratoga, My Home' Public Art Contest: $1,200
BACKGROUND:
In Fiscal Year (FY) 2013/14, City Council approved the implementation of the Community Event
and Street Closure Grant Program to encourage local, volunteer-run events that help build a sense
of community in Saratoga. The program includes a competitive application process, as well as
secured funding for several traditional events/organizations that received funding year-after-year,
exempting these events/organizations from the competitive application process.
On February 15, 2023, the City Council allocated $8,000 for the competitive Fiscal Year 2023/24
Community Event Grant Program. Subsequently, the City announced the opening of the
application period to the community. The City received a total of 4 applications.
Several years ago, the City Council directed the Library and Community Engagement Commission
to review competitive Community Event Grant Program applications and prepare a funding
recommendation for City Council consideration as part of the Commission’s work plan.
Consequently, the Commission met on April 17, 2023 and recommended the following allocations
for Fiscal Year 2023/24.
68
Event Organizer Allocation Previously Funded
Blossom Festival Table Girl Scouts Service Unit 618 $500 Yes
Mural, Mural, on the Wall
(Paint the City X2)
Innovart Foundation $1,700 No
Dragon Boat Festival AABC (Asian American for
Better Community)
$2,000 Yes
'Saratoga, My Home' Public Art
Contest
Omniware Networks $1,200 No
TOTAL $5,400
Additionally, the Commission recommended funding for Mural, Mural, on the Wall (Paint the City
X2) so long as the final artwork follows the approval process described in the City’s Public Art
Policy even if the mural is not located on City property. During the April 17, 2023 Library and
Community Engagement Commission meeting, the Commission also recommended fu nding the
event at $1,700 rather than the $1,200 shown on the application after the organizer of this event
explained that an additional $500 would be needed if the prepping and priming of the mural
location was not done by the City. The applicant also clarified that the event would occur in Fiscal
Year 2023/24 as opposed to June 2023 as noted on the application.
In addition to the direction provided by Council on February 15, 2023 on total funding for the
competitive Community Event Grant Program for Fiscal Year 2023/24, the City Council directed
staff to return with a revised Community Event Grant Program Policy requiring additional
information from grant recipients. Proposed policy changes are tentatively scheduled for City
Council consideration on June 21, 2023.
ATTACHMENTS:
Attachment A – Applications
Attachment B – Community Event Grant Program Policy
69
Applicant Name*
Amy Chu
Applicant Title
Treasurer
Org anization Name (if applicable)
Girl Sc outs Service Unit 618 (Saratoga)
Is this a non-profit organization?*
Yes
Applica nt/Orga niza tion Addre ss*
Applica nt Phone *Applica nt Ema il*
Event Name*
Girl Sc outs Table for Saratoga Blos som Festival 2024
Grant Reques t *
500
Maximum $2,000
Es timated Total Event Cos t*
organized by Saratoga His torical Foundation, but Girl
Scouts will spend ~$500
Es timated Expens es & Funding S ources *
Es timated expens es can be found here: https://doc s.google.com/s preadsheets/d/1ZBhy DosYz Xt-
M_6Uxk99QODvsZ271g29R_Rz V2iz3-8/edit?usp=s haring Other funding s ources: Donations from Girl Scout families and/or the
s ervice unit ($50-$150)
Please provide a list of estimated event expens es and anticipated funding s ources for those expenses , including expenses
grant funding will be us ed for if awarded.
Event Date and Time*
TBD, usually in April
Event Location*
Saratoga Heritage Orchard
Es timated Event Attendance*
1000
Event Des cription*
Annual event organized by the Saratoga Historic al Foundation to c elebrate Saratoga's agricultural history.
Is event open to the public?*
Yes
Is event free for attendees ?*
Yes
Is this a volunteer-led event?*
Yes
Will $1 million liability coverag e for the event be obtained if grant
funding is provided?*
No
70
Des cribe how the event will concentrate on S aratoga's character, divers ity, or his tory.*
The Blossom Fes tival honors our beautiful c ity's agricultural history. Since the Blossom Festival honors Saratoga's agricultural
history, the Girl Sc outs select a nature theme for the arts and crafts .
Des cribe how the event will celebrate the S aratoga community as a whole.*
The arts and crafts tables give the children visiting the Bloss om Fes tival hands-on act ivities and something to take home. It
encourages c hildren to learn and c onnec t with Saratoga's nature and history.
Has the event received funding from the City in the pas t?*
Yes
What advertis ing or mark eting do you plan to do for the event?*
Handled by Saratoga Historic al Foundation
Des cribe your experience, or the experience of your organization, in coordinating community events .*
The Girl Scouts have worked with the Saratoga His torical Foundation for the pas t s everal y ears to run the arts and crafts tables
for c hildren. Previous grant amounts were $460 for 2018 Blossom Festival, $312 for 2019, $500 for 2020, $500 for 2023.
Ele ctronic Signa ture Agre e me nt*
Applicant hereby agrees , on behalf of itself and its s ucces sors and as signs, to indemnify, defend and hold the City of
Saratoga, its offic ers , officials, agents, employees, boards, commiss ions , and volunteers free and and harmless from and
against any and all claims, demands, causes of action, damages, liabilities , c ost of ex penses (including the cos t of
attorney's fees for defending any act ion brought agains t the City or any of its officers , officials , agents , employ ees, boards ,
c ommissions, and volunteers), arising out of or in any manner relating to any form of los s, injury, or damage sus tained by
the Applicant or any person in c onnec tion with or in any way relating to the event des cribed above. Applicant further agrees
that as a condition of rec eiving funding from the City applicant will have in effect in connection with the event liability
insurance coverage in the amount of at least $1 million. The coverage will name the City of Saratoga, its officers, offic ials,
employees , agents and volunteers as additional insured. Applic ant mus t provide a "Certificate of Insurance" with "Additional
Insured Endors ement" to the City prior to holding the event described above.
I agree.
Ele ctronic Signa ture *
Amy Chu
Email S ubs cription
No
Your email address will automatic ally be added to our distribution list for City of Saratoga news letters and City Counc il meet ing
agenda notifications. If you do want to receive thes e emails from the City, pleas e unsubs cribe now.
71
Applicant Name*
Maggie Tsai
Applicant Title
Org anization Name (if applicable)
Innovart Foundation
Is this a non-profit organization?*
Yes
Applica nt/Orga niza tion Addre ss*
Applica nt Phone *Applica nt Ema il*
Event Name*
Paint the City X2
Grant Reques t *
1200
Maximum $2,000
Es timated Total Event Cos t*
1500
Es timated Expens es & Funding S ources *
Es timated total expens e: $1,500 Ex pense items include: 1) paint, painting tools, i.e. brushes, rollers , extens ion poles, trays
and liners, pour spouts, sandpaper, s packling pas te/hole patc h, putty knives, painter's tape, paint sprayer, cleaning rags ,
s ponges , paper towels, gloves, bucket, trash bags , etc.; 2) bottled water and snacks for s tudent volunteers; and 3) event
insuranc e. Innovart Foundation would like to apply for $1,200 of event grant. Innovart Foundation will c over the rest of the
expenses.
Please provide a list of estimated event expens es and anticipated funding s ources for those expenses , including expenses
grant funding will be us ed for if awarded.
Event Date and Time*
One weekend in June 2023.
Event Location*
Need des ignation and site approval
from City.
Es timated Event Attendance*
1,000
Event Des cription*
To continue beautifying Saratoga and vitalizing our community through art, Innovart Foundation would like to organize or co-host
with the City, Paint the City X2, an annual mural painting program. Loc ation can be the exterior wall of a public / private
s tructure, i.e. in park, at senior center, community site, non-profit organization building, preferably with high pedest rian traffic
and good vis ibility. Mural theme can be community unity, nature, environmental preservation, or any other theme that matc hes
the func tion of a chosen location. For the first year (2023), Innovart Foundation would propose to start by drawing one mural the
s ize of 15 feet in length, and 6-8 feet in height (c an also be irregular s ize).
Is event open to the public?*
Yes
Is event free for attendees ?*
Yes
72
Is this a volunteer-led event?*
Yes
Will $1 million liability coverag e for the event be obtained if grant
funding is provided?*
Yes
Des cribe how the event will concentrate on S aratoga's character, divers ity, or his tory.*
Mural theme and painting can cover Saratoga's c haracter, diversity, and/or his tory.
Des cribe how the event will celebrate the S aratoga community as a whole.*
Innovart Foundation will submit 3 designs for City s elec tion, and implement painting of the approved one. Innovart Foundation
will establish a project team, consisting of an art direc tor, a projec t director and event managers. W hile the project team will be
on top of quality control, painting s lots will be open for sign-up by interes ted Saratoga residents, who can come and input their
brus h s trokes on the days of the painting. As many as 100 slots c an be opened for sign-up. City offic ials will also be invited to
input their brush st rokes . This way, the mural will be a collec tive c ommunity piec e. W e will also invite residents to come and
watch the drawing on the day.
Has the event received funding from the City in the pas t?*
No
What advertis ing or mark eting do you plan to do for the event?*
Innovart Foundation has a mature information diss eminat ion channel, inc luding soc ial media groups, and private/public sc hools
we cooperate with. The way the project is des igned will attract wide c ommunity attention and interest, and will c reate word-of-
month. Saratoga city news letter can also help diss eminate information if City likes the projec t.
Des cribe your experience, or the experience of your organization, in coordinating community events .*
Innovart Foundation, es tablished in 2014, has been us ing a variety of art forms to beautify Bay Area c ities. The Foundation
initiated the utility box painting in Cupertino in 2015, and co-hos ted it that year together with a loc al art sc hool. In 2021 and
2022, we organized the making of two large-s ize mosaic artwork , and donated to Saratoga High Sc hool and Chateau Cupertino
s enior c enter. The mosaic for Saratoga High Sc hool, at the beginning, invited all students to c ome in and put down their tile.
W e have been organiz ing art s and crafts programs , and music performanc es in communities . Innovart Foundation has
accumulated rich experience running public art programs, and has a vast student bas e.
Ele ctronic Signa ture Agre e me nt*
Applicant hereby agrees , on behalf of itself and its s ucces sors and as signs, to indemnify, defend and hold the City of
Saratoga, its offic ers , officials, agents, employees, boards, commiss ions , and volunteers free and and harmless from and
against any and all claims, demands, causes of action, damages, liabilities , c ost of ex penses (including the cos t of
attorney's fees for defending any act ion brought agains t the City or any of its officers , officials , agents , employ ees, boards ,
c ommissions, and volunteers), arising out of or in any manner relating to any form of los s, injury, or damage sus tained by
the Applicant or any person in c onnec tion with or in any way relating to the event des cribed above. Applicant further agrees
that as a condition of rec eiving funding from the City applicant will have in effect in connection with the event liability
insurance coverage in the amount of at least $1 million. The coverage will name the City of Saratoga, its officers, offic ials,
employees , agents and volunteers as additional insured. Applic ant mus t provide a "Certificate of Insurance" with "Additional
Insured Endors ement" to the City prior to holding the event described above.
I agree.
Ele ctronic Signa ture *
Maggie Tsai
73
Applicant Name*
Huelling Su
Applicant Title
President
Org anization Name (if applicable)
AABC (As ian Americ an for Better Community)
Is this a non-profit organization?*
Yes
Applica nt/Orga niza tion Addre ss*
Applica nt Phone *Applica nt Ema il*
Event Name*
Dragon Boat Festival
Grant Reques t *
$2,000
Maximum $2,000
Es timated Total Event Cos t*
$6,000
Es timated Expens es & Funding S ources *
2024 Dragon Boat Budget - Expens es: Dragon Boat demons tration: $1,500 Booths: $1,500 Various Performers : $2,500
Cleaning: $500 Total ex penses: $6,000 Income: Donations from different organizations : $1,000 AABC funds: $3,000 Grant
requested from city of Saratoga: $2,000
Please provide a list of estimated event expens es and anticipated funding s ources for those expenses , including expenses
grant funding will be us ed for if awarded.
Event Date and Time*
6/8/2024
Event Location*
Saratoga downtown/W ildwood Park
Es timated Event Attendance*
80
Event Des cription*
About our organiz ation: AABC is a non-profit organiz ation bas ed in the bay area. Our miss ion is to promote community
s ervices, civic engagements and voter education. Purpose of the event: Chines e Dragon Boat Fes tival is a traditional holiday
with rich culture, his tory and legend behind it. It c ommemorates the death of Qu Yuan, a Chines e poet and minister known for
his patriotism and contributions to class ical poetry. Qu s erved in high offices of Zhou dynasty but was eventually banished for
opposing the emperor and even acc used of treason. During his exile and in des pair, Qu c ommit ted s uicide by drowning himself
in the river. It is said that the loc al people, who admired him, raced out in their boats t o save him or at leas t to retrieve his body.
This is believed to be the origin of dragon boat races. It is c elebrated on the fifth day of the fifth month, eac h y ear on Chines e
lunar calendar which falls on June 10th, 2024. The event was held last year, 2022 as a pilot program from AABC. It was a huge
s ucc ess and lot of patrons, young children, students, parents, and many neighborhoods. Several participating res taurants from
our Village ran out of food very soon and had to refill their supplies quick ly. It was a fun day that brought us all together.
Is event open to the public?*
Yes
Is event free for attendees ?*
Yes
74
Is this a volunteer-led event?*
Yes
Will $1 million liability coverag e for the event be obtained if grant
funding is provided?*
Yes
Des cribe how the event will concentrate on S aratoga's character, divers ity, or his tory.*
Since it was truly enjoyed by Saratoga c ommunity in 2022 and AABC has been granted c ommunity grant for 2023 from
Saratoga City Council, we wish to bring bac k this fes tivity to Saratoga again in 2024 and many y ears to come.
Des cribe how the event will celebrate the S aratoga community as a whole.*
W e believe that it not only would be a lot of fun for families, local business es, but also would continue to embrace more
understanding and apprec iation of multi-c ultural and ethnic divers ities of the communit y.
Has the event received funding from the City in the pas t?*
Yes
What advertis ing or mark eting do you plan to do for the event?*
W e posted on the local newspaper, FB, eventbrite, wechat, line groups, sc hools, sc outs and words of mouth.
Des cribe your experience, or the experience of your organization, in coordinating community events .*
AABC (As ian Americ an for Better Community) is a non-profit organization based in the bay area. Our mission is to promote
c ommunity s ervices, civic engagements and voter educat ion. In the pas t, we have hold a few voter educ ation ses sions,
organize "Stop As ian Hate", hos t 2022 Dragon Boat Fest ival and will be hosting 2023 Dragon Boat Festival, we have donated to
the local food banks , and issue scholarships to the low income families ....., just to name a few.
Ele ctronic Signa ture Agre e me nt*
Applicant hereby agrees , on behalf of itself and its s ucces sors and as signs, to indemnify, defend and hold the City of
Saratoga, its offic ers , officials, agents, employees, boards, commiss ions , and volunteers free and and harmless from and
against any and all claims, demands, causes of action, damages, liabilities , c ost of ex penses (including the cos t of
attorney's fees for defending any act ion brought agains t the City or any of its officers , officials , agents , employ ees, boards ,
c ommissions, and volunteers), arising out of or in any manner relating to any form of los s, injury, or damage sus tained by
the Applicant or any person in c onnec tion with or in any way relating to the event des cribed above. Applicant further agrees
that as a condition of rec eiving funding from the City applicant will have in effect in connection with the event liability
insurance coverage in the amount of at least $1 million. The coverage will name the City of Saratoga, its officers, offic ials,
employees , agents and volunteers as additional insured. Applic ant mus t provide a "Certificate of Insurance" with "Additional
Insured Endors ement" to the City prior to holding the event described above.
I agree.
Ele ctronic Signa ture *
Huelling Su
75
Applicant Name*
Judy Shen
Applicant Title
director
Org anization Name (if applicable)
Omniware Networks
Is this a non-profit organization?*
Yes
Applica nt/Orga niza tion Addre ss*
Applica nt Phone *Applica nt Ema il*
Event Name*
public art contes t of 'Saratoga, My Home'
Grant Reques t *
1200
Maximum $2,000
Es timated Total Event Cos t*
1400
Es timated Expens es & Funding S ources *
Funded by c ommunity fund: -Event flyers / banners: $300 -Contes t supplies /materials/awards: $500 -Dis play winning work
(printing, hardware, venue): $400 Self fund/volunteers c ontribution - Administration (communication/transportation/logis tic
s ervices): $200
Please provide a list of estimated event expens es and anticipated funding s ources for those expenses , including expenses
grant funding will be us ed for if awarded.
Event Date and Time*
Augus t 1 2023 to January 31, 2024
Event Location*
Saratoga community c enter
Es timated Event Attendance*
300
Event Des cription*
W e will organize a public art contest of 'Saratoga, my home', which is open and free t o all Saratoga residents to encourage
them to use all kinds of 2D art format to express their feelings, love, and bonding about Saratoga and the c ommunity. W e will
organize a dis play of the excellent artwork , which is open to all public.
Is event open to the public?*
Yes
Is event free for attendees ?*
Yes
Is this a volunteer-led event?*
Yes
Will $1 million liability coverag e for the event be obtained if grant
funding is provided?*
Yes
76
Des cribe how the event will concentrate on S aratoga's character, divers ity, or his tory.*
This event will give all Saratoga residents an opportunity to us e their preferred artistic format to paint, record, illus trate and
document the beauty, characters , history, culture and people of Saratoga. It'll encourage res ident to express their feelings, love,
bonding, and sense of belonging with Saratoga and the community. The public display of the excellent artwork will further foster
the pos itive community well-being and Saratoga's value.
Des cribe how the event will celebrate the S aratoga community as a whole.*
The art contest is open and free to all Saratoga res idents who can expres s t heir feelings / unders tanding and connections with
Saratoga from their own perspec tives. The contest theme is to fos ter the sense of belonging of the community. The display will
be open and free to all Saratoga residents.
Has the event received funding from the City in the pas t?*
No
What advertis ing or mark eting do you plan to do for the event?*
W e'll dis play and dis tribute event flyers in library, community centers, sc hools and other public venues . We'll publicize it on
s ocial media as well as local newspaper.
Des cribe your experience, or the experience of your organization, in coordinating community events .*
W e have a s olid track record of organiz ing community art events . Las t y ear, we have s ucc ess fully organized a series of
c ommunity art contests and art ex hibitions including one held at the Saratoga Library. Our exhibitions were reported by multiple
media and received many enc ouraging and positive community feedback .
Ele ctronic Signa ture Agre e me nt*
Applicant hereby agrees , on behalf of itself and its s ucces sors and as signs, to indemnify, defend and hold the City of
Saratoga, its offic ers , officials, agents, employees, boards, commiss ions , and volunteers free and and harmless from and
against any and all claims, demands, causes of action, damages, liabilities , c ost of ex penses (including the cos t of
attorney's fees for defending any act ion brought agains t the City or any of its officers , officials , agents , employ ees, boards ,
c ommissions, and volunteers), arising out of or in any manner relating to any form of los s, injury, or damage sus tained by
the Applicant or any person in c onnec tion with or in any way relating to the event des cribed above. Applicant further agrees
that as a condition of rec eiving funding from the City applicant will have in effect in connection with the event liability
insurance coverage in the amount of at least $1 million. The coverage will name the City of Saratoga, its officers, offic ials,
employees , agents and volunteers as additional insured. Applic ant mus t provide a "Certificate of Insurance" with "Additional
Insured Endors ement" to the City prior to holding the event described above.
I agree.
Ele ctronic Signa ture *
Judy Shen
Email S ubs cription
Yes
Your email address will automatic ally be added to our distribution list for City of Saratoga news letters and City Counc il meet ing
agenda notifications. If you do want to receive thes e emails from the City, pleas e unsubs cribe now.
77
PROGRAM POLICY
PROGRAM POLICY TITLE: Community Event Grant Program Policy
CITY COUNCIL APPROVAL: July 1, 2020 via Resolution No. 20-047
I. PURPOSE
This policy outlines the criteria Council applies to determine secured and unsecured funding
allocations for the Community Event Grant Program. The objective is to provide guidelines
to administer a program that is in-line with Council direction and is helpful to event
organizers wishing to request community grant funding. This policy is effective with the
Community Event Grant process beginning in December 2019.
II. ELIGIBILITY CRITERIA
The criteria for receiving Community Event Grant funding is listed below:
a. Event is a volunteer-led event held in Saratoga.
b. Event is free and open to everyone.
c. The event concentrates on Saratoga’s character, diversity or history.
d. The event celebrates the community as a whole and is not limited to a small group such
as reunions.
III. PROGRAM REQUIREMENTS
The Community Event Program requirements are listed below:
a. Community Event funding applications are to include an itemized list of expenses
identifying specific expenses desired for grant funding. The application must be
completed, signed, and submitted during the annual application process. Off-cycle
requests are not allowed.
b. Event organizers are to obtain a minimum of $1 million liability insurance coverage for
the event. Events organized by individuals or an informal group of individuals, that are
not a part of or related to any non-profit corporation or other legal business entity, may
request City Council approval for event insurance to be provided by the City’s insurance
program. Events approved to receive event insurance through the City’s insurance
program include: Saratoga’s Independence Day Celebration, Saratoga Village
Development Council events, and Bollywood in the Park.
c. Unsecured event funding requests are limited to a maximum of $2,000.
d. Events run by organizations receiving Secured Community Event Grant Funding are not
eligible to apply for discretionary funding.
IV. ANNUAL APPLICATION PROCESS
The application process begins in December for the following Fiscal Year. The timeline is
outlined below:
a. December - Council reviews and determines both secured and unsecured funding
amounts for the next fiscal year’s Community Grant allocations.
b. January - Applications for unsecured funding grants are available and event organizers
are invited to apply.
c. February - Completed applications are due. Applications are reviewed and compiled for
Council review.
78
PROGRAM POLICY
d. March - Council determines the unsecured funding distribution for events based on
funding availability and need.
79
SARATOGA CITY COUNCIL
MEETING DATE:May 3, 2023
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Consultant
SUBJECT:Los Gatos-Saratoga Community Education and Recreation Amended Lease
and Park Reservation Management Service Agreement
RECOMMENDED ACTION:
Authorize the City Manager to execute the amended lease agreement with Los Gatos-Saratoga
Community Education and Recreation as well as a new service agreement for parks reservation
management.
BACKGROUND:
During the City Council’s Annual Retreat on February 10, 2023, the City Council provided
direction to staff on several strategies for balancing the Fiscal Year 2023/24 budget. This included
reimagining delivery of facility and park rentals as a contract service upon the retirement of the
Facilities Administrator at the end of September 2023. Changing the service delivery model will
save the Facility Rental Program approximately $87,000 in FY 2023/24 and $123,000 in
subsequent years.
Los Gatos-Saratoga Community Education and Recreation (LGS) has leased City of Saratoga
facilities for the purpose of providing recreation services to the Saratoga community since 2019.
The amended lease would allow LGS to manage rentals in the Joan Pisani Community Center,
Saratoga Prospect Center, and Warner Hutton House. It would also shorten the end of the lease
from June 30, 2026 to June 30, 2025. The new service agreement for parks reservation
management would similarly contract oversight of park rentals to LGS starting October 1, 2023
through June 30, 2025.
During the February 1, 2023 Joint Session with the City Council, LGS shared that registration had
reached pre-pandemic levels. Consequently, LGS was slated to assume the full lease payment
starting in Fiscal Year 2023/24 and language regarding a reduced lease rate due to the pandemic
has been removed from the amended lease agreement. The annual lease amount in Fiscal Year
2023/24 will be $52,020, increasing by 2% in Fiscal Year 2024/25 to $53,060.
Additionally, revenues associated with both facility and park rentals will be split between the City
and LGS, with 20% of revenues paid to the City on a quarterly basis.The revised lease and service
80
agreement both include exhibits that outline rental fees to be charged by LGS. With the exception
of the elimination of resident rates, hourly rates are consistent with the City’s Fee Schedule.
Additionally, both agreements preserve current use of legacy facility and park renters.
ATTACHMENTS:
Attachment A – Amended Lease Agreement
Attachment B – Parks Reservation Management Service Agreement
81
FIRST AMENDED AND RESTATED LEASE AGREEMENT
LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION
This first amended and restated lease agreement is made and entered into between CITY
OF SARATOGA, a Municipal Corporation, hereinafter called “Lessor” or “City”, and LOS
GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION , a California joint
exercise of powers agency, hereinafter called "Lessee" or "LGSR ," as of the Effective Date
specified below.
WHEREAS, Lessor owns real property located at 19655 Allendale Avenue, 13777
Fruitvale Avenue, and 19848 Prospect Road in the City of Saratoga, County of Santa Clara, State
of California (Assessor's Parcel Nos. 397-30-053, 386-26-070, 386-26-071), as more particularly
described in Exhibit A attached hereto (“Property”);
WHEREAS, Lessor wishes to lease portions of the Property shown in Exhibit B attached
hereto (“Premises”) to Lessee for the operation of community recreation programs.
NOW, THEREFORE, in consideration of, and subject to, the terms and conditions
hereinafter set forth, Lessor and Lessee agree as follows:
1. Description of Property.
Lessor hereby agrees to lease to Lessee, and Lessee agrees to lease from Lessor the
Premises described in the recital above on the terms set forth herein.
2. Term of Lease; Lease Payments.
A. This first amended and restated agreement becomes effective (“Effective Date”)
upon July 1, 2023 and its Term shall expire on June 30, 2025. The prior lease agreement shall be
of no further force and Effect as of the Effective Date.
B. Lessee shall make quarterly lease payments. Payments shall be due the first day
of each quarter and delivered to the City of Saratoga Administrative Services Department at the
address for notices specified in section 10, below. If the payment is not received by Lessor on or
before the thirtieth (30th) day following the due date, it shall be deemed delinquent. If the
payment is not paid before delinquency, then the amount due and unpaid shall be subject to a late
charge at the rate of five percent (5%) of the overdue amount, withou t limitation to Lessor’s
other rights and remedies under this Lease Agreement.
C. The annual lease amount is $50,000 per year and said amount shall increase by 2% each
year as follows:
82
Lease Year Annual Lease Amount
(2% increase/year)
Quarterly Payment Due
2023-2024 $52,020 $13,005
2024-2025 $53,060 $13,265
3. Use of Premises.
A. The Premises shall be used by Lessee for the maintenance and operation of a
community recreation center and for no other purpose except as set forth herein. Lessee’s use of
the Premises shall comply with the policies set forth in Exhibit C. The Director of LGSR shall
serve as a liaison between Lessee and Lessor and shall bring all matters pertaining to this
agreement to the attention of the City Manager or designee.
B. The City may make use of all or a portion of the Premises for any municipal
purpose at any time subject to Lessee’s consent which shall not be unreasonably withheld. The
City will provide at least 48 hours’ notice of such use and Lessee’s consent shall be presumed
unless Lessee objects within 12 hours of Lessor’s notice of intended use.
C. Except as set forth in subsection 3.E, below, Lessee shall not lease or sublease the
whole or any part of the Premises, nor sell or assign this lease, either voluntarily or by operation
of law, nor allow the Premises to be occupied by anyone contrary to the terms hereof, nor permit
their use for any purpose other than as hereinabove specified, nor abandon or vacate the
Premises, nor fail or refuse to actively cause the Premises to be used as hereinabove specified for
the purposes of this lease, without the prior written consent of Lessor. These limitations shall not
apply to use agreements between LGSR and recreation instructors providing services to LGSR as
part of LGSR recreation programming.
D. Lessee shall be responsible for providing lobby coverage (e.g., a staff person
visible to, and available to answer questions from, persons entering the building) in the
Community Center when the facility is open to the general public during regular business hours.
4. Use of Premises by Third Parties
A. Effective October 1, 2023, Lessee is authorized to allow third parties to make use
of portions of the Premises on the following terms:
1. Lessee shall charge the facility rental fees specified in Exhibit D to all
third parties, except the City, and the Saratoga Area Senior Coordinating
Council, hereinafter called “SASCC.” Lessee shall not allow any third
parties, except the City, to make use of the Premises for any uses that
compete with programming offered by SASCC.
2. Exhibit E lists third parties that have used the Premises prior to this Lease
Agreement’s effective date, including for seasonal observances and
83
periodically scheduled meetings (“Legacy Renters “). Lessee shall give
Legacy Renters priority in reserving the Premises for Legacy Renters’ past
times of use, provided, however that Lessee and a Legacy Renter may
mutually agree to an alternative time and/or place of use.
3. SASCC may reserve and use for any purpose that does not compete with
Lessee’s programming portions of the Premises at times not scheduled for
use by Lessee or other third parties, free of charge and at any time subject
to Lessee’s consent. Lessee shall not unreasonably withhold its consent.
B Lessee shall require third parties using the Premises to:
1. agree to the Rental Facility Rules that include the provisions set forth in
Exhibit C.
2. procure and maintain insurance as required by the provisions set forth in
Exhibit G. Lessee shall make certificates of such insurance and additional
insured endorsements available to the City at the City’s request.
3. agree to indemnify the City on terms comparable to those set forth in
section 6 of this Agreement.
C. Lessee shall, in addition to any other payments due under this agreement,
distribute twenty percent (20%) of revenue from third party use of the Premises to
the City. Optional fees, including the cost of hiring a facility attendant,
application fee, and any special fee to allow renter to serve alcohol, shall not be
included in the distribution. The distribution shall be made quarterly no later than
the last day of January, April, July, and October for the three months preceding
the month in which the distribution is made. The distribution shall include a list of
the third party uses of premises during the reporting period and the facility rental
fees collected for each use.
D. Lessee shall allow third parties using to make use of the Bocce Ball courts as
follows:
1. Lessee shall share responsibility for the Bocce Ball courts with SASCC.
2. SASCC shall have priority access to the courts Mondays through Fridays
from 9am to 5pm and shall be responsible for facilitating third party use of
the courts during that time. Lessee may reserve and use the courts, free of
charge, during these times with SASCC’s consent, which shall not be
unreasonably withheld.
3. Lessee shall have priority access to the courts Mondays through Fridays
after 5:00 p.m. and on Saturdays and Sundays. SASCC may reserve and
84
use the courts, free of charge, during these times with Lessee’s consent,
which shall not be unreasonably withheld.
E. Equipment
1. Lessee is authorized to allow third parties to store equipment, supplies,
materials, and properties at the Premises.
2. Legacy Renters are authorized to store equipment, supplies, materials, and
properties at the Premises in the locations specified in Exhibit B at their
own risk and without charge. Neither Lessee nor any third parties making
use of the Premises are authorized to use property belonging to Legacy
Renters without their consent.
3. The City is not responsible for loss or damage to the Premises or property
stored at the Premises from third parties’ use. The City is not responsible
for equipment failure during use of the Premises by third parties.
5. Alterations, Additions, Maintenance.
A. During the term of this lease or any extensions thereof, Lessor shall provide
routine janitorial services, unscheduled janitorial services such as cleanup of major spills, and
building maintenance and repair services for the Premises, provided, however that Lessee shall
have the obligation to furnish and install, and keep in good condition and repair all such
furniture, fixtures, and equipment as may be necessary or proper in order to carry on the use of a
recreation center. Notwithstanding the foregoing, Lessor shall keep in good condition and repair
or replace as needed the furniture, fixtures, and equipment listed in Exhibit F.
B. Any alterations, changes or additions to the Premises desired by Lessee shall be
undertaken by Lessor at Lessee’s full cost and expense with prior written consent of Lessor
which consent, however, shall not be unreasonably withheld. “Alterations, changes, or
additions” shall include, but not be limited to moving interior or exterior walls, or changing any
fixed wall or flooring other than carpeting and shall not include partitions, appliances,
equipment, furniture or similar improvements. Prior to undertaking any such alterations, changes
or additions Lessor and Lessee will agree on a scope of work and estimated cost for labor,
materials and project management by Lessor and Lessee will deposit with Lessor an amount
equal to 110% of the estimated cost. Lessor will provide documentation of all costs at the
conclusion of the work. Any excess funds on deposit will be returned within 30 days. Any costs
in excess of the amount on deposit will be paid to Lessor by Lessee within 30 days of Lessor's
invoice to Lessee. Upon termination of this lease, all alterations, changes or additions shall inure
to the benefit of Lessor, excepting however, partitions, appliances, equipment, furniture and
similar improvements placed on the Premises by Lessee; providing that upon termination of this
lease, Lessee shall have thirty (30) days in which to remove said partitions, appliances,
equipment, furniture and similar improvements placed by it on the Premises. If requested by
85
Lessor at any time during the term of this Lease, Lessee shall promptly remove, at its sole cost
and expense, any alterations, changes or additions to the Premises made without obtaining prior
written consent of Lessor, provided, however, that Lessor in its sole discretion may directly
undertake the removal work following not less than fifteen days’ notice to Lessee.
6. Taxes and Utilities.
Lessor shall pay for all water, gas, heat, light, power, sewage, and any and all other
utilities and services (other than telephone, internet, cable, or similar telecommunication
services) which may be furnished to or used in or upon the Premises during the term of this
lease. In addition, Lessor shall pay any and all taxes and all special assessments for public
improvements as may be levied against the Premises or any part thereof.
7. Indemnification.
Lessee shall indemnify, defend and hold harmless the City of Saratoga, its officers,
employees, and agents from and against any and all claims, demands, causes of action, orders,
decrees, or judgments for personal injury or death, damage to or loss of property or any other
damage and/or liability (including all costs and attorney's fees incurred in defending any claim,
demand or cause of action) occasioned by, growing out of, or arising or resulting from any act or
omission on the part of Lessee or any assistant(s) of Lessee in connection with the Premises,
except for any liabilities or losses adjudicated to have proximately resulted from the sole
negligence or willful misconduct of Lessor. This provision sets forth the exclusive allocation of
liability between the parties, and no other allocation, whether in law or equity shall apply. This
provision shall survive the termination of this agreement for the full period allowed by law. The
defense and indemnification obligations of this agreement are undertaken in addition to, and
shall not in any way be limited by, the insurance obligations contained in this agreement.
8. Responsibility for Damage and Insurance.
A. Lessee shall be responsible for all loss or damage to the Premises related to
Lessee’s use thereof, howsoever caused. Lessor shall be responsible for all loss or damage to the
Premises related to Lessor’s use thereof, howsoever caused.
B. Lessor shall provide property insurance coverage for the Premises on the same
terms that all other City property is insured. City shall not provide insurance of any kind for any
Lessee’s property, nor will Lessor provide insurance for any of Lessee’s programs or activities.
Lessee is solely responsible for insuring Lessee’s property, programs and activities in the
Premises.
C. Lessee agrees to procure and maintain insurance as required by the provisions set
forth in Exhibit D and to otherwise comply with the requirements therein. Certificates of such
insurance and additional insured endorsements shall be delivered to City before execution of this
Lease Agreement by Lessor. Neither insurance nor the absence thereof shall abrogate or limit
86
the responsibility of the Lessee for damage to the building as called for herein.
9. Dispute Resolution.
A. The parties recognize the unique nature of the community recreation uses covered
by this Agreement and the beneficial effects to both parties of providing these resources to the
residents of Saratoga and other members of the public. The Parties therefore agree to cooperate
in order to resolve disputes and to assist each other in responding to public inquiries arising from
implementation of this Agreement.
B. The Parties acknowledge that issues may arise that require resolution between the
Parties. The Parties agree to meet and confer to resolve such issues. The Lessee hereby appoints
LGSR Executive Director, or his or her designee, and the Lessor appoints the City Manager or
his or her designee, as its representative for dispute resolution. The party desiring to meet and
confer shall notify the other party in writing (“Dispute Notice”) of the subject matter of the
dispute (“Contract Issue”) and the parties shall meet and confer at a mutually agreed upon date,
time and location not less than three nor more than ten days following the non -requesting party’s
receipt of notice.
C. If within thirty days after issuance of a Dispute Notice, the parties still have not
been able to come to a mutually satisfactory resolution, then either party may refer the matter to
mediation for informal advice and/or resolution. The parties shall mutually agree upon a
mediator to assist them in resolving their differences. If the parties are unable to agree upon a
mediator, the parties shall jointly obtain a list of seven mediators from a reputable dispute
resolution organization and alternate striking mediators on that list until one remains. A coin
toss shall determine who may strike the first name. If a party fails to notify the other party of
which mediator it has stricken within two business days, the other party shall have the option of
selecting the mediator from those mediators remaining on the list. Any expenses incidental to
mediation shall be borne equally by the parties. If either party is dissatisfied with the outcome of
the mediation, that party may then submit the matter for resolution to binding arbitration in
accordance with subsection 9.D, below.
D. Any matter that cannot be settled by mediation may, upon the demand by either
party, be submitted to binding arbitration by an Arbitrator. The Arbitrator shall be JAMS, or if
JAMS is not then in operation or is not then available, the American Arbitration Association, and
the arbitration shall be in accordance with the Arbitrator’s then applicable rules, as amended by
the following:
1. Any demand for arbitration shall be given in writing to the other party to the
Lease and to the Arbitrator. The demand shall specifi cally describe the matter in dispute,
including the amounts in controversy and/or other relief sought. A demand for arbitration shall
be made within a reasonable time after the right to demand arbitration under the Lease has
arisen, and in no event shall it be made after the date when institution of legal or equitable
proceedings based on such matter in dispute would be barred by the applicable statute of
87
limitations. A party who files a notice of demand for arbitration shall assert in the demand all
disputes arising under the Lease then known to that party.
2. The matter shall be heard by one arbitrator mutually selected by the parties, or if
the parties cannot agree on a single arbitrator within ten days following the demand for
arbitration, the matter shall be heard by an arbitrator selected in accordance with the procedure
for selection of a mediator in subparagraph 9.C, above, provided, however, that the selected
arbitrator will be a former trial judge of the federal or state courts in California.
3. The arbitrator shall take reasonable steps as may be necessary to hold a private
hearing within sixty (60) days after the initial demand for arbitration and to conclude the hearing
within two (2) days thereafter. Not later than seven (7) days prior to the h earing date set by the
arbitrator each party shall submit a brief with a single proposal for settlement. Evidence
concerning the financial position of the parties, any offer made or the details of any negotiations
prior to arbitration and the cost to the parties of their representatives, selected arbitrators and
counsel shall not be permissible. The place of the arbitration hearing shall be Saratoga,
California.
4. The arbitrator may award only such relief or remedy as would be available
pursuant to judicial proceedings in a court of competent jurisdiction, including injunctive and
affirmative relief; except that the arbitrator may not award punitive damages. The decision of the
arbitrator shall be in writing.
NOTICE:
BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY
DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF
DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN
THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY
AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
“ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED
TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF
DISPUTES” PROVISION TO NEUTRAL BINDING ARBITRATION IN ACCORDANCE
WITH THIS LEASE AGREEMENT.
Lessor’s Initials ________________ Lessee’s Initials__________________
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10. Termination.
This lease may be canceled and terminated by either party at any time upon one hundred
and twenty (120) days’ notice to the other party or immediately in the event that more than one
third of the premises is destroyed by fire, flood, earthquake, or other natural disaster.
11. Notices.
Any notice required or permitted to be given under this Lease must be in writing and may
be given by personal delivery, certified mail, or Express Mail, Federal Express or other such
express delivery service. Notices shall be deemed communicated immediately if personally
delivered. Notices shall be deemed communicated within forty-eight (48) hours from the time of
mailing if mailed by certified mail, and within twenty-four (24) hours if mailed by express
delivery service, excluding Saturdays, Sundays and holidays. Any such notice shall be deemed
sufficiently given if addressed to Lessor or Lessee at the address specified below. Either party
may specify a different address for notice purposes, or specify that a copy of any notice given to
such party be concurrently given to another person, by giving appropriate notice to the other
party.
To Lessor:
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
408.868.1213
To Lessee:
Executive Director
LGS Recreation
208 E. Main Street
Los Gatos, CA 95030
408.354.8700
12. Non-Waiver of Breach.
In the event of a breach of any term, covenant or condition of this Lease by Lessee,
Lessor may with knowledge of such breach permit Lessee to continue in possession of the
Premises, but any waiver by Lessor of any term, covenant or condition herein contained, or of
any breach thereof, shall neither vitiate the same, nor any other term, covenant or condition
contained herein, nor operate as a waiver of any other or future breach.
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13. Surrender of Possession on Termination.
Upon the cancellation or termination of this lease, Lessee shall surrender the Premises in
good order, condition and repair, reasonable wear and tear excepted. If Lessee elects to remo ve
its fixtures, it shall have the obligation at its sole cost and expense to repair any and all damages
caused in the removal of said fixtures. Lessee shall remove all trash and debris and leave the
Premises broom-clean.
14. General Provisions.
A. No officer, member or employee of City and no member of the City Council shall
have any pecuniary interest, direct or indirect, in this agreement or any proceeds
related to Lessor’s use of the Premises.
B. This agreement shall be administered and interpreted under the laws of the State
of California. Jurisdiction of litigation arising from this agreement shall be in that
state and venue shall be in Santa Clara County, California. If any part of this
agreement is found to conflict with applicable laws, such part shall be inoperative,
null and void insofar as it conflicts with said laws, but the remainder of this
agreement shall be in full force and effect.
C. Lessee understands and agrees that there is no representation, implication, or
understanding that Lessor will renew this agreement or authorize use of the
Premises under a new agreement following expiration or termination of this
agreement. Lessee waives all rights or claims to notice or hearing respecting any
failure by City to renew or extend this agreement or any other authorization to use
the Premises except as otherwise explicitly stated herein.
D. This agreement is entered only for the benefit of the parties executing this
agreement and not for the benefit of any other individual, entity or person.
E. The provisions of this Agreement which by their nature should survive expira tion
or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
F. Both Lessor and Lessee have drafted and reviewed this agreement, and
accordingly, the normal rule of construction to the effect that any ambiguities are
to be resolved against the drafting party, and shall not be employed in the
interpretation of this Agreement or any amendment of it.
G. This agreement contains the entire agreement between the parties with regard to
the matters set forth, except as otherwise specifically set forth in this agreement.
This agreement may be amended or modified only by an agreement in writing
executed in the same manner as this agreement.
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H. Each of the exhibits listed in the Exhibit List below are a part of this agreement
and hereby incorporated herein.
91
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below.
City of Saratoga LGS Recreation
By: _________________________
James Lindsay, City Manager
Date: ________________________
ATTEST:
By: _________________________
Brit Avrit, City Clerk
Date: ________________________
APPROVED AS TO FORM:
By: _________________________
Richard Taylor, City Attorney
Date: ____________________
By: _________________________
Nancy Rollett, Executive Director
Date: ________________________
Exhibit List
Exhibit A – Property Description
Exhibits B- Diagrams of Premises
Exhibit C – Premises Rules of Use
Exhibit D – Third Party Facility Rental Fees
Exhibit E – Legacy Renters
Exhibit F – Equipment
Exhibit G – Insurance Requirements
92
Exhibit A
Property Description
Assessor Parcel Nos. 397-30-053, 386-26-070, 386-26-071 as illustrated on the attached pages.
93
94
95
Exhibit B
Location of Premises
96
Exhibit B - Location of Premises
The diagram on the attached page shows the locations of the premises on the Property described in
Exhibit A. The premises consists of: Joan Pisani Community Center, Recreation Portable, Preschool
Portable and Grounds, Warner Hutton House, Saratoga Prospect Center (including Grace Building
and Friendship Hall) except for portions shown as not being included in the lease.
Legend
Joan Pisani Community Center
Leased Space Shared Space Excluded from Lease Shared/Legacy Renter Storage
Joan Pisani Community Center
Recreation Portable
Preschool
Warner Hutton House
Bocce Court
Warner Hutton
House Shed -
City Storage
97
Grace Building
Friendship Hall
Saratoga Prospect Center
CERT Storage
Taiko Storage
Storage Shed -
Bayside,
Community
Dance Group,
WVMA
98
Joan Pisani Community Center Recreation Portable
Rotary Storage
Rotary Storage
99
Preschool
Warner Hutton House
100
Saratoga Prospect Center - Grace Building
Saratoga Prospect Center - Friendship Hall
101
Exhibit C
Premises Rules of Use
1. Smoking is not allowed in the Premises (including any lobby areas) or within 20 feet of the
Premises.
2. Lessee shall maintain safe exit pathways in the Premises at all times. No obstructions are
allowed which will interfere or prohibit passage by occupants to the “exit” doors in case
of an emergency building evacuation. The number of people at the event shall not exceed
the building capacity designated by the City.
3. Lessee shall observe, obey and comply with all applicable City, County, State and Federal
laws including, but not limited to, the following:
a. County Health Department requirements regarding food services;
b. State of California, Department of Social Services regulations in Title 22 of the
California Code of Regulations;
c. Copyright laws and all related licensing requirements;
d. Title VII of the Civil Rights Act of 1964 and other laws prohibiting
discrimination and providing that no person shall, on the grounds of race, creed,
color, disability, sex, sexual orientation, national origin, age, religion, Vietnam
era veteran's status, political affiliation, or any other non-merit factors be
excluded from participating in, be denied the benefits of, or be otherwise
subjected to discrimination under this agreement;
e. Lessee shall submit a complete set of fingerprints of all Lessee’s personnel
(including employees, contractors, and volunteers) to the Dep artment of Justice
along with authorization to release a criminal history summary to Lessee. Lessee
shall maintain this information in its files, provide a copy to the City Contact, and
review all criminal history summaries before using the Premises, and ensure that
no personnel pose a threat to the health, safety, or welfare of any participant.
f. Lessee shall screen for tuberculosis, pursuant to Public Resources Code 5163, all
of Lessee’s personnel (including employees, contractors, and volunteers) who will
have supervisory or disciplinary authority over minors and the elderly in Lessee
programs at City facilities, and ensure that Lessee has on file and has provided to
the City Contact certificates showing that within the last two years each of
Lessee’s personnel has been examined and has been found to be free of
communicable tuberculosis.
4. City is not responsible for any materials stored in connection with this agreement.
102
5. Lessee shall provide its own personal tools; supplies and equipment at his/her own cost and
shall coordinate pertinent media activities with City Contact.
6. Lessee shall report all maintenance problems (burnt-out light bulbs, faulty bathroom sinks,
toilets, etc.) to the City Facilities Department (408-868-1277).
7. Lessee events or other activities generating noise in excess of City standards must obtain a
noise exemption permit in accordance with the noise ordinance in effect at the time of the
event or activity.
8. Additional restroom facilities will be required for events where the number of people exceed
the toilet to person ratio of 1:300.
9. Photographs or recordings taken of Lessee activities that include Lessee’s image or the image
of Lessee’s personnel may be used by Lessor for any purpose subject to any applicable
copyright restrictions held by a third-party copyright holder.
10. Lessee and its personnel shall comply with Lessor’s policy of maintaining a drug-free
workplace. If Lessee or any of its personnel is convicted or pleads nolo contendere to a
criminal drug statute violation occurring at the Premises, Lessee, within five days
thereafter, shall notify Lessor.
11. Lessee shall have its personnel on the Premise at all times the facilities are being used by
Lessee.
103
Exhibit D
Third Party Rental Fees
General Terms
Item Detail
Discounts • Non-Profit Groups receive 50% discount (No resident discount)
Rental Facility • Includes room assigned tables/chairs
Security Deposits (Indoor
Events Only)
• Paid at time of reservation and are refunded within one month after
event
• If additional charges are incurred due to damage to the facility, or if
maintenance/staffing is required, deductions will be made from the
deposit and the balance refunded
• If deposit does not cover the charges, applicant will be responsible
for additional fees
• If clean-up is not completed, the entire deposit shall be forfeited
Rental Fees • Must be paid at time of reservation
Cancellation Fees (Indoor
Reservations)
• Less than 30 days notice, 100% of the deposit and rental fee are
forfeited
• More than 30 days notice, Deposit is forfeited, rental fee is refunded
Cancellation Fees
(Outdoor Reservations)
• No refunds
Application Fee • Cost recovery fee ($10) to review application requests
Alcohol Permit Fee • Cost recovery fee ($50) to review application requests, to assign age
appropriate staff, and security needs
Staffing Costs (LGSR) • Facility attendant fee for staffing events $18-$25/hour
104
Facility Rental Rates
Building Room/Space Deposit Application
Fee
Alcohol
Permit
Rate
Per
Hour
Non-
Profit
Rate
Per
Hour
Joan Pisani
Community
Center
Multi-Purpose
Room/With
Kitchen
$500 $10 $50 $205 $103
Joan Pisani
Community
Center
Patio Room $500 $10 $50 $80 $40
Joan Pisani
Community
Center
Art & Crafts
Room
$500 $10 $50 $80 $40
Joan Pisani
Community
Center
Dance Studio $500 $10 $50 $80 $40
Joan Pisani
Community
Center
Garden Patio $500 $10 $50 $80 $40
Joan Pisani
Community
Center
Conference
Room
$500 $10 $50 $40 $20
Joan Pisani
Community
Center
Recreation
Portable
$500 $10 $50 $80 $40
Joan Pisani
Community
Center
Bocce Ball
Court
$500 $10 $50 $80 $40
Prospect Center Friendship
Hall/With
Kitchen
$500 $10 $50 $205 $103
Prospect Center Grace Room $500 $10 $50 $155 $78
Prospect Center Conference
Room
$500 $10 $50 $40 $20
Warner Hutton House & Garden $500 $10 $50 $205 $103
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Exhibit E
Legacy Renters
California Peninsula Youth Orchestra
• Joan Pisani Community Center: Multipurpose Room
• September – May, Every Friday, 4:00 PM to 10:00 PM
• Total Approximate Hours/Year: 192
Saratoga Rotary
• Joan Pisani Community Center: Multipurpose Room
• Year-Round, Every Friday, 11:00 AM to 2:00 PM
• Total Approximate Hours/Year: 126
West Valley Muslim Association
• Saratoga Prospect Center: Friendship Hall & Grace Building
• Year-Round, Every Friday, 12:30 PM to 4:00 PM
• Ramadan, Monday – Friday + Sunday, 8:30 PM to 11:30 PM
• Ramadan, Saturdays, 6:00 PM to 11:00 PM
• Total Approximate Hours/Year: 520
Community Dance Group
• Saratoga Prospect Center: Friendship Hall
• Year-Round, Every Friday, 7:30 PM to 9:00 PM
o Ramadan, Every Friday, 6:30 PM to 8:00 PM
• Year-Round, Every Sunday, 2:00 PM to 3:30 PM
• Total Approximate Hours/Year: 105
Bayside Fellowship Church
• Saratoga Prospect Center: Friendship Hall & Grace Building
• Year-Round, Every Sunday, 9:00 AM to 1:00 PM
• Total Approximate Hours/Year: 208
106
Exhibit F
Equipment
Building Room/Space Equipment
Joan Pisani Community Center Arts & Crafts Room Tables: 7 Rectangular
Chairs: 34
Projector, AV Equipment
City Trash/Recycling Container
Joan Pisani Community Center Dance Studio Chairs: 8
Joan Pisani Community Center Multipurpose & Kitchen Tables:
• 15 Round
• 18 Rectangular
Chairs: 217
Oven
Dishwasher
Refrigerator
Microwave
Projector, AV Equipment, Screen
6’ Stainless Steel Rolling Table
City Trash/Recycling Container
Joan Pisani Community Center Lobby Couches and Chairs
City Trash/Recycling Container
Joan Pisani Community Center Facilities Admin. Office Office Furniture
Joan Pisani Community Center Patio Room Tables: 4 Rectangular
Chairs: 50
Freezer
City Trash/Recycling Container
Joan Pisani Community Center Recreation Conference
Room
Chairs: 8
Projector, AV Equipment
Joan Pisani Community Center Recreation Portable Tables: 16 Rectangular
Chairs: 42
Warner Hutton House Interior Tables:
• Conference Table
• 8 Rectangular
Chairs: 28
Sitting Room Couch
Sitting Room Chair
Benches: 3
Monitor/Television
City Trash/Recycling Container
Refrigerator
Stove
Microwave
Warner Hutton House Shed Tables:
• 13 Round
107
• 6 Rectangular
Chairs: 100
Saratoga Prospect Center Friendship Hall Tables:
• 15 Round
• 19 Rectangular
Chairs: 224
Oven
Dishwasher
Refrigerator
Freezer
Microwave
Warming Ovens: 2
Projector, AV Equipment, Screen
City Trash/Recycling Container: 3
Saratoga Prospect Center Grace Building Tables:
• 9 Round
• 14 Rectangular
Chairs: 26
Microwave
Projector, AV Equipment, Screen
City Trash/Recycling Container
Saratoga Prospect Center Grace Building, Conference
Room
Tables:
• 1 Rectangular
Chairs: 10
108
Exhibit G
Insurance Requirements
1. Lessee shall procure and maintain insurance during the entire term of this Lease
Agreement against claims for injuries to persons or damages to property which in any
way relate to, arise from, or relate to use of the Premises and any acts or omissions of
Lessee. This insurance shall meet the following specifications, unless waived in writing
by Lessor’s Risk Manager:
a. Lessee shall procure and maintain for the duration of the agreement insurance
against claims for injuries to persons or damages to property which may arise
from or about the use of the Premises by Lessee or its agents, representatives, or
employees.
b. Coverage shall be at least as broad as:
(1) Commercial General Liability (CGL): Insurance Services Office Form
CG 20 01 04 13 covering CGL on an “occurrence” basis, including
products-completed operations, personal & advertising injury, with limits
no less than $2,000,000 per occurrence.
(2) Workers’ Compensation insurance as required by the State of California,
with Statutory Limits, and Employer’s Liability Insurance with limit of no
less than $1,000,000 per accident for bodily injury or disease.
(3) Any deductibles or self-insured retentions (“SIR”) must be declared to and
approved by Lessor and shall not reduce the limits of liability. Policies
containing any SIR provision shall provide or be endorsed to provide that
either the named Insured or Lessor may satisfy the SIR. Lessor may
require Lessee to provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the
retention.
c. All policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds with the maximum scope and amount of
coverage available under the policy with respect to liability arising out of
activities performed by or on behalf of Lessee including materials and
parts or equipment furnished in connection with such activity.
(2) The Additional Insured coverage under Lessee’s policy shall be ''primary
and non-contributory" and will not seek contribution from Lessor’s
insurance or self-insurance and shall be at least as broad as CG 20 01 04
13.
109
(3) For any claims related to this agreement, Lessee’s insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees, agents and volunteers.
(4) The Insurance Company agrees to waive all rights of subrogation against
the City, its elected or appointed officers, officials, agents and employees
for losses paid under the terms of any policy which arise from activity of
Lessee.
(5) Each insurance policy required by this clause shall be endorsed to sta te
that coverage shall not be canceled by either party, except after thirty (30)
days’ prior written notice (10 days for non-payment) has been given to the
City.
d. The limits of insurance required in this agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of the City
(if agreed to in a written agreement) before the City's own insurance or self-
insurance shall be called upon to protect it as a named insured.
e. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less
than A: VII, unless otherwise acceptable to the City. The City reserves the right
to obtain a full-certified copy of any Insurance policy and endorsements at any
time. Failure to exercise this right shall not constitute a waiver of right to exercise
later.
f. Lessee shall furnish Lessor with original certificates and amendatory
endorsements effecting coverage required by this clause on an annual basis. All
certificates and endorsements are to be received and approved by Lessor before
work related to the covered activity commences. Lessor reserves the right to
require complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications, at any time.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
g. City reserves the right to modify these requirements, including limits, based on
the nature of the risk, prior experience, insurer, coverage, or other special
circumstances. Lessor reserves the right to modify or waive insurance
requirements for certain low risk activities. Such modifications or waivers must
be in writing from the Risk Manager.
h. Any available insurance proceeds broader than or in excess of the specified
minimum insurance coverage requirements and/or limits shall be available to the
City as an additional insured. Furthermore, the requirement for coverage and
limits shall be (1) the minimum coverage and limits specified in the Agreement;
110
or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater.
i. Lessee agrees to include with all contractors in their contracts the same
requirements and provisions of this agreement including the indemnity and
insurance requirements to the extent they apply to the scope of the contractor's
work. Contractors hired by Lessee shall agree to be bound to Lessee and City in
the same manner and to the same extent as Lessee is bound to City under this
Agreement. A copy of the indemnity and insurance requirements from this
agreement shall be furnished to all such contractors. Lessee shall require all
contractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any work for
Lessee and will provide proof of compliance to the City.
1369470.5
111
Contractor: Project Name:
Rev. 8/2015 City of Saratoga Services Contract Page 1 of 3
City of Saratoga
Standard Services Contract
This agreement is made at Saratoga, California by and between the City of Saratoga, a municipal
corporation (“City”), and ______________________________________
(“Contractor”), who agree that:
1.Purpose of Contract.
This is a contract for:
The purpose of the contract is more specifically described in Exhibit A of this agreement
(“Scope of Work and Payment Terms”). In the event of a conflict between the terms of this
agreement and the Scope of Work or any of the exhibits referenced in this Exhibit A the terms
of the agreement shall govern.
2.Term.
Start Date: End Date:
(If Start Date is left blank, start date will be
date last signed below.)
Or upon project completion, whichever
occurs first.
3.Payment. City shall pay Contractor for work product produced and any authorized
reimbursable costs pursuant to this agreement an amount not to exceed the total sum of:
$___________________________________________________.
This contract is a (check one):
Fixed Amount Contract – Monthly Invoices
Fixed Amount Contract – Deliverable/Task Based Invoices
Not to Exceed Amount Contract – Hourly Services
Not to Exceed amount Contract – Task Based Invoices
See Exhibit A- ______ incorporated by this reference for additional payment term
information.
Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the
terms of this agreement until receipt of a fully executed Purchase Order from the Finance
Department of the City of Saratoga.
Los Gatos-Saratoga Recreation Parks Reservation Management
Los Gatos-Saratoga Recreation
City of Saratoga Park Facility Reservation Management
July 1, 2023 June 30, 2025
✔
112
Contractor: Project Name:
Rev. 8/2015 City of Saratoga Services Contract Page 2 of 3
4.Contract Administration. The authorized representatives of City and Contractor for
Contract administration are listed below. The City’s contact person is the Administrator.
Contractor:
Contractor Name:
Contact Person:
Street Address:
City, State, Zip:
Telephone(s):
Fax:
Email Address:
Saratoga Business
Lic. #:
City of Saratoga
Department:
Contact Person:
Street Address:
City, State, Zip:
Telephone:
Fax:
Email Address:
5.Insurance. Contractor agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B. Certificates of such insurance and copies of the insurance
policies and endorsements shall be delivered to City within ten (10) days after being notified of
the award of the contract, and before execution of this agreement by the City.
6.General Provisions. City and Contractor agree to and shall abide by the general
provisions set forth in Exhibit C.
Los Gatos-Saratoga Recreation Parks Reservation Management
Los Gatos-Saratoga Recreation
Nancy Rollett
208 E. Main Street
Los Gatos, CA 95030
408.207.4900
nrollett@lgsrecreation.org
City Manager’s Department
James Lindsay
13777 Fruitvale Avenue
Saratoga, CA 95070
408.868.1213
jlindsay@saratoga.ca.us
113
Parks Reservation Management
114
Contractor: Project Name:
Rev. 8/2015 City of Saratoga Services Contract – Exhibit A Page 1 of 1
City of Saratoga Services Contract
Exhibit A – Scope of Work and Payment Terms
Contractor shall complete the scope of work and invoice the City in accordance with the
payment terms shown below:
AND/OR See Exhibit(s) A- incorporated by this reference.
-End of Exhibit A -
Los Gatos-Saratoga Recreation Parks Reservation Management
✔
115
Exhibit A
Scope of Work
City of Saratoga Park Facility Reservation Management
1. Contractor shall manage reservations and permits for the park facilities listed in Exhibit A-
1 starting no later than October 1, 2023. The existing park users listed in Exhibit A-1 shall
be entitled to continue renting at the times and locations specified, provided, however, that
alternative arrangements may be made between any such user and Contractor provided that
the alternative arrangement does not interfere with the use times and locations of other
existing users. All reservations shall be processed i n accordance with Chapter 11 of the
Saratoga Municipal Code and Group Use Permit Policy. A current copy of Chapter 11 and
the Group Use Permit Policy is attached for reference as Exhibit A-3. City shall notify
Contractor of any changes to the Chapter prior to the effective date of those changes.
2. Contractor shall collect all application and rental fees due in accordance with the rates
indicated in the table. Contractor shall retain eighty percent (80%) of the application and
rental fees collected as compensation for providing the services called for in this
Agreement. Contractor shall distribute twenty percent (20%) of the application and rental
fees collected to the City to partially cover the City’s costs of maintaining the park
facilities. The distribution shall be made quarterly no later than the last day of January,
April, July, and October for the three months preceding the month in which the distribution
is made. The distribution shall include a list of the park reservations and permits issued
during the reporting period and the fees collected for each use.
3. If a park rental requires a City staff person to serve as a park attendant, the fee for this
service shall be paid by the park user directly to the City and is not an application or rental
fee for the purposes of this Agreement.
4. Contractor shall provide park facility users with all relevant information concerning the
requirements of the City Code and, at a minimum, ensure that each reservation include the
terms set forth in Exhibit A-2, subject to such modifications as Contractor wishes to
propose subject to City’s consent, which consent shall not be unreasonably withheld.
5. Contractor shall immediately notify Shawn Gardner of any complaints concerning any park
facilities. If City determines that a park facility is being overused or is not suitable for
rental for any reason City shall notify Contractor and Contractor shall immediately cancel
all existing reservations during the closure period and not issue any new reservations during
that period.
6. The City may make use of all or a portion of any City park for any municipal purpose at
any time at no cost. The City will provide at least 48 hours’ notice of such use.
116
Exhibit A-1
List of Saratoga Park Facilities and Rental Rates
Location Site Application
Fee
Rate Per
Hour
Non- Profit
Rate Per Hour
Azule Park Picnic Area With BBQ $0 $20 $10
Azule Park Horseshoe Pit $0 $20 $10
Azule Park Petanque court $0 $20 $10
Azule Park Tennis Court $0 $20 $10
Beauchamps Park Tennis Court $0 $20 $10
Congress Springs Soccer Pitch 1 $10 $65 $33
Congress Springs Soccer Pitch 2 $10 $65 $33
Congress Springs Soccer Pitch 3 $10 $55 $28
Congress Springs Baseball 1 $10 $55 $28
Congress Springs Baseball 2 $10 $55 $28
Congress Springs Baseball 3 $10 $55 $28
Congress Springs Baseball 4 $10 $55 $28
Congress Springs Baseball 5 $10 $55 $28
El Quito Park Picnic Area With BBQ 1 $0 $20 $10
El Quito Park Picnic Area With BBQ 2 $0 $20 $10
El Quito Park Picnic Area With BBQ 3 $0 $20 $10
El Quito Park Horseshoe Pit $0 $20 $10
El Quito Park Softball Diamond $10 $20 $10
El Quito Park Sand Volleyball Pit $0 $20 $10
El Quito Park Pickleball Court 1 $0 $20 $10
El Quito Park Pickleball Court 2 $0 $20 $10
El Quito Park Soccer Pitch 1 $10 $65 $33
El Quito Park Soccer Pitch 2 $10 $65 $33
El Quito Park Soccer Pitch 3 $10 $55 $28
Gardner Park Picnic Area With BBQ $0 $20 $10
Kevin Moran Park Picnic Area With BBQ A $0 $20 $10
Kevin Moran Park Picnic Area With BBQ B $0 $20 $10
Kevin Moran Park Bocce Ball Court $0 $20 $10
Kevin Moran Park Tennis Court $0 $20 $10
117
Kevin Moran Park Soccer Pitch 1 $10 $65 $33
Kevin Moran Park Soccer Pitch 2 $10 $65 $33
Wildwood Park Picnic Area With BBQ A $10 $20 $10
Wildwood Park Picnic Area With BBQ B $10 $20 $10
Wildwood Park Stage/With Lawn $10 $35 $18
Wildwood Park Horseshoe Pit $10 $20 $10
Wildwood Park Sand Volleyball Pit $10 $20 $10
Park Attendant Fee
The fee for a City of Saratoga Park Attendant is $205 (charged as a flat fee per day) and may be
adjusted by the City through adoption of the City’s Fee Schedule. The City will provide at least
14 days’ notice of such changes.
Exemption from Park Rental Fees
Organizations that lease a City facility or have a use agreement for a City facility are exempted
from park rental fees. These organizations include:
• Friends of the Saratoga Library
• Hakone Foundation
• Los Gatos-Saratoga Recreation
• Santa Clara County Library District
• Saratoga Area Senior Coordinating Council
• Saratoga Historical Foundation
Existing Park Users
De Anza Youth Soccer
• El Quito Park, Soccer Pitch 2 & 3
o Year-Round, Monday – Friday, 4:00 PM – 7:00 PM
• Kevin Moran Park, Soccer Pitch 1 & 2
o Year-Round, Monday – Friday, 4:00 PM – 7:00 PM
Saratoga Little League
• Congress Springs Park, Baseball 1-5
• February – June
o Monday – Friday, 4:00 PM – 7:00 PM
o Saturday – Sunday, 10:00 AM – 12:00 PM
118
Saratoga Soccer (formerly AYSO)
• Congress Springs Park, Soccer Pitch 1, 2, 3
• August to November
o Monday – Friday, 4:00 PM – 7:00 PM
o Saturday – Sunday, 9:00 AM – 5:00 PM
PARS Soccer
• El Quito Park, Soccer Pitch 1
• February – June
o Tuesday and Thursday, 6:00 PM – 8:00 PM
o Saturday, 8:00 AM – 10:00 AM
• August – November
o Tuesday and Thursday, 6:00 PM – 8:00 PM
o Saturday, 8:00 AM – 10:00 AM
Sunday Morning Men’s Soccer
• El Quito Park, Soccer Pitch 1
• Year-Round, Sunday, 9:00 AM – 10:00 AM
Sunday Afternoon Under 99 Men’s Soccer
• El Quito Park, Soccer Pitch 1
• Year-Round, Sunday, 3:00 PM – 5:00 PM
119
Exhibit A-2
Park Use Policies
120
PICNIC AREA / PARK RESERVATION AND USE POLICY
• Please bring your receipt with you on the day of your event. The receipt shall serve as a
group use permit pursuant to Articles 11-05 and 11-10 of the Municipal Code.
• The park is open to the public. Group reservations are allowed for the picnic area or
amenities only, and does not imply, intend, or mean exclusive use of the park.
• A reservation will secure the picnic area only, which includes picnic tables and benches.
El Quito and Wildwood Park picnic reservations include BBQ’s.
• NO personal BBQ's are allowed in the park. Fires are restricted to BBQ pit provided by
the City at the picnic area.
• No reservations will be accepted for special activity days designated by the City.
• Groups of minors must be supervised by 1 adult per 20 children.
• Yes, Jumpy Houses are allowed, but the vendor must supply a generator and provide a
Certificate of Liability for the City of Saratoga for the day of your event. Please email
(nwalker@saratoga.ca.us) or mail a copy of the certificate to the Recreation
Department: 19655 Allendale Ave, Saratoga, Ca 95070.
• When reserving Volleyball Courts, Horseshoe Pits, Tennis, Bocce Ball or Petanque
Courts, you must supply your own equipment.
• Dog owners are responsible for the maintenance of their dog while in the park, and to
keep the dog on a leash.
• No amplified sound will be allowed. Contact the city Code Compliance Specialist Officer
at 408-868-1214 for a noise permit if necessary.
• Motorized vehicles are not allowed in the park.
• Please leave the picnic area clean with all trash placed in receptacles provided by the
City. It is advisable to bring additional trash bags to compensate for excess trash.
• The sale of any food, drink, merchandise, or services of any kind, or advertisement of
the same, in any park or area is prohibited.
The City of Saratoga is in compliance with the American with Disabilities Act and will make
reasonable accommodations to ensure that facilities, programs and services are accessible to
disabled individuals. To request accommodations, please contact the Park Maintenance
Supervisor at 408-868-1247. Non-emergency code compliance phone number is 408-868-1214.
In the event of an emergency, call 911.
USE OF ALCOHOLIC BEVERAGES
• Beer and wine is allowed, but no liquor is permitted in City parks. All groups of twelve
(12) people or more where alcohol is served must have a permit.
City of Saratoga Revised 09/14/2016
121
PICNIC AREA / PARK RESERVATION AND USE POLICY
• Alcohol may be sold in the park only with a temporary license from the Alcoholic
Beverage Control Board.
CANCELLATION POLICY
The Saratoga Recreation Department must be given notice of any cancellation of a weekend or
of a weekday rental as soon as possible. Cancellation fee policy is strictly enforced. E-mail the
Recreation Department at nwalker@saratoga.ca.us.
• Reservations fees will be refunded in full, minus a $15 processing fee up to six months in
advance of the reservation date.
• Reservations cancelled between 6 & 3 months in advance will receive 50% of the
reservation fee minus a $15 processing fee.
• Reservations cancelled less than 3 months in advance will forfeit 100% of the
reservation fee.
These are public parks and facilities and the City of Saratoga cannot restrict use of the facility by
the general public during a scheduled activity. The reservation fee is to reserve a designated
area only.
Applicant hereby agrees to hold the City of Saratoga, its City Council, the individual members
thereof, and all the officers, agents and employees free and harmless from any loss, damage,
liability, cost or expense that may arise during or be caused in any way by such use or
occupancy of recreation facilities and parks.
I, the undersigned, hereby certify that I will be personally responsible on behalf of the
organization for any damages sustained to the building, furniture, or equipment, accruing
through occupancy or use of said facility by the applicant/organization. I agree to abide by and
to enforce rules, regulations, and policies of the Saratoga Recreation Department affecting the
use of the recreation facilities and parks. Any lost equipment or damages sustained to the
above shall be compensated.
I hereby certify that I have read and understand the Park and Facility Use Policy and will abide
by any and all special conditions set forth. I certify that the intended use is in compliance with
said rules and regulations, application instructions and any specific use regulations subject to
advance payment of all fees.
_______________________ _________ __________________________
Signature of Applicant Date Accepted By
City of Saratoga Revised 09/14/2016
122
Exhibit A-3
City of Saratoga Municipal Code Chapter 11 – Parks and Recreation
1635495.1
123
Saratoga, California, Code of Ordinances
Chapter 11 PARKS AND RECREATION
Saratoga, California, Code of Ordinances Created: 2023-04-13 08:47:05 [EST]
(Supp. No. 52)
Page 1 of 12
Chapter 11
PARKS AND RECREATION
Articles:
Article 11-05 GENERAL PROVISIONS
Sections:
11-05.010 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively
ascribed to them in this Section, unless the context or the provision clearly requires otherwise:
(a) Amplified sound means speech or music projected or transmitted by electronic equipment including,
but not limited to, amplifiers, loudspeakers, microphones, bull horns or similar devices or combinations
of devices which are intended to increase the volume, range, distance or intensity of speech, music or
other sound and are powered by electricity or other sources of energy.
(b) Park means and includes all real property, including grounds, roadways, parks, playgrounds, open
space reservations, recreation centers or any part or area thereof, located within the City and open to
the public for either active or passive recreation, whether owned, leased or maintained by the City. The
term shall include all buildings, structures and other facilities located on such real property devoted to
such use, and all parks are declared to be sanctuaries for wildlife.
(c) Director of Parks, hereinafter in this Chapter referred to as "Director," means that person having
authority over all parks within the City, and to whom is delegated the primary authority, responsibility
and jurisdiction to administer and enforce the provisions of this Chapter. The City Manager or such
other person(s) as may be designated by the City Manager shall serve as the Director of Parks.
(Amended by: Ord. 71-146 § 2, 1995; Ord. No. 300, § 1(Exh. A), 10-3-2012)
11-05.020 Hours of park operation; temporary closing.
Unless otherwise provided in this Code or designated by minute order or resolution of the City Council, or
unless otherwise posted at a particular park, all parks shall be closed to the public from one -half hour after sunset
until sunrise of the following day, and no person other than an officer or employee of the City shall be or remain in
any park during such hours of closure. In addition, the Director shall have the power to close all or any portion of
any public park for other hours and times of any day as may be reasonable or necessary in order to protect the
public health, safety or welfare, and shall have the further power to close all or any section of any park to the
public at any time, and for any interval of time, either temporarily or at regularly and stated intervals (daily or
otherwise), either entirely or to close the same to certain particular uses, as may be reasonable or necessary under
the circumstances to protect the public health, safety and welfare.
(Amended by: Ord. No. 300, § 1(Exh. A), 10-3-2012)
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11-05.030 Acts prohibited in parks generally.
No person shall do any of the following acts within the limits of any park in the City:
(a) Cut, carve, paint, mark, deface, disfigure, tamper with, displace or remove any building or structure or
any real or personal property, including, without limitation, any bridge, table, bench, fireplace,
barbecue, fence, railing, monument, apparatus, facility, paving, water or other public utility lines, or
utilities or parts or appurtenances thereof, nor cut, carve, paint, mark, paste, nail, staple or fasten in
any fashion any mark, writing, bill, advertisement, sign, card, or display, on any tree, fence, wall,
building, monument or other structure.
(b) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion
thereof, nor pick any flowers, foliage, berries or fruit of any such tree, shrub or plant.
(c) Excavate, dig up or remove any grass, turf, dirt, earth, sand, gravel, stone, rock, mineral or other
substance or substances of which the property is composed or contains; or otherwise engage in any
excavation or quarrying, nor remove nor carry away any timber of felled trees, or wood or other
materials located within or upon the ground not otherwise specifically enumerated herein.
(d) Erect or construct or move into a park any building or structure of any kind, whether temporary or
permanent in character, including, without limitation, tents or other temporary shelters for the
purpose of overnight camping, house trailer, camp trailer, pickup camper, or other movable structure
or vehicle used or to be used for any such purpose, except as may otherwise be provided in this
Chapter.
(e) Climb any tree or walk, stand or sit upon any monument, vase, fountain, railing, fence or other
structure not designated or customarily used for such purpose.
(f) Go upon any lawn or grass plot, where legible signs prohibiting the same are posted in a conspicuous
location on or near such plot of lawn or grass.
(g) Use, carry or possess any firearm of any description, or air rifle, spring gun, bow and arrow, sling shot,
sling or other form of weapon potentially dangerous to wildlife or to human safety, nor hunt, molest,
harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, bird or reptile, with the
exception of snakes known to be deadly poisonous such as rattlesnakes, which may be killed upon
sight; nor shall any person remove or possess the young of any wild animal, or the eggs or nest of any
young of any reptile or bird.
(h) Use or attempt to use or interfere with the use of any fireplace, barbecue, table, space or facility which
at the time is reserved for any other person or group of persons which has received a reservation from
the Director therefor in accord with Article 11-10.
(i) Consume, exhibit, or possess any alcoholic beverage, with the exception of beer or wine with an
alcohol content of fifteen percent or less, or be under the influence of intoxicating beverage or any
drug so as to be a threat to the safety of himself or any other person or property in such park.
(j) Possess, or set off, or otherwise cause to explode or burn any firecrackers, torpedoes, rockets or other
fireworks or explosives of inflammable material, or discharge them or throw them into any park area
from land or any other property or highway adjacent thereto.
(k) Permit or allow any dog owned by such person, or under the custody or control of such person, to
enter or remain in the park or any part thereof unless securely held and led by a leash of not more than
six feet in length, securely attached to a harness or collar on such dog. Should any dog defecate on any
park premises or property, the person who owns said dog, or has custody or control of said dog, shall
immediately remove any and all excrement from the park.
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(l) Use or occupy any area or facility in any manner contrary to any posted notice, including, without
limitation, the entering of any area posted as being closed to the public.
(m) Throw, discharge or otherwise place or cause to be placed in the waters of any pond, lake, stream,
creek, natural waterway, fountain, storm sewer or drain, swimming pool or any other body of water in
or adjacent to any park, any substance, matter or thing, solid or liquid, which would cause or result in
the contamination or pollution of such waters, or which would in any way clog or jam or interfere with
the drainage, recycling, filtering or flow of such body of water.
(n) Place, dump, deposit or leave any garbage, refuse, rubbish or other trash, including, without limitation,
any bottles, broken glass, ashes, paper boxes, cans and similar items in any of the buildings or grounds
of any park, except in proper receptacles or containers as are provided for the purpose of such
disposal.
(o) Ride or propel a skateboard upon any driveway, roadway, parking area or tennis court within such
park.
(p) Throw, kick, or hit any ball, rock, or other object into any public driveway, roadway, highway, parking
area, sidewalk, bicycle path, or trail inside or outside the park in such a manner that the ball, rock, or
other object could cause injury to any person or cause damage to any vehicle or other property.
(q) Hawk, vend, peddle, sell, solicit the sale of or offering for sale any food, drink, goods, wares,
merchandise or services of any kind, or advertisement of the same, in any park or area thereof except
at an event with a use agreement approved by the City Council or a sports use permit or at a gathering
of one hundred persons or more subject to a group use permit.
(r) Amplified or non-amplified sound in violation of the noise ordinance standards for parks set forth at
Section 7-30.040 except in accordance with a noise exception permit issued pursuant to this Code.
(s) Any act which is in violation of any other provision of this Code or other ordinance of the City, or in
violation of any County or State law. The above prohibitions shall not be applicable to any officer or
employee of the City acting in the course and scope of that person's employment.
(Amended by: Ord. 202 § 2 (part), 2002; Ord. 204 § 2.1, 2002; Ord. No. 300, § 1(Exh. A), 10-3-2012)
11-05.040 Acts prohibited except in designated areas.
No person shall do any of the following acts within the limits of any park in the City except in such areas of
the park where specifically permitted:
(a) Make, build, light, kindle or maintain any fire for any purpose, except at the specific picnic places
provided for such purpose, and then only in a camp stove, or a fireplace or barbecue facility provided
therefor. All such fires shall at all times be attended by at least one responsible person, and before
leaving the area of such fire, the same shall be completely extinguished.
(b) Stop, stand or park any motor vehicle or bicycle in other than a designated parking area, which use
shall be in accord with all posted directions, and with instructions of any parking attendant in the
employ of the City.
(c) Ride on or in, or drive, any motor vehicle in any park area other than a designated parking area, except
such area as is specifically signposted to permit such operation, except that, unless otherwise
designated, motor vehicles may be operated at a speed of not to exceed fifteen miles per hour on all
paved roads in any park area.
(d) Operate or ride as a passenger on any bicycle on other than a paved road or bicycle path designated
for that purpose.
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(e) Ride or lead any horse on other than paved roads or equestrian pathways designated for that purpose,
or cause, permit or allow any horse or other domestic animal to be untethered or otherwise to be
loose or to roam upon any park area.
(f) Urinate or defecate other than in the receptacles provided therefor in restrooms provided for such
purpose.
(g) Practice or play golf, or operate any motor-driven model airplanes, boats or cars, or swim or bathe, or
engage in any archery or target practice or fishing, except in such areas as are specifically signposted
and designated therefor.
(h) Lunch or picnic in any place other than as signposted and designated for such purpose, and in such
regard, fireplaces, barbecue facilities, benches and tables unless reserved in accordance with Article
11-10 shall be used on a first-come, first-served basis and no person shall use such area or facilities for
an unreasonable length of time for such purpose.
(i) Day or night camping in other than designated areas.
(j) Engage in any organized team sport or game except in areas specifically designated therefor.
(Amended by: Ord. No. 300, § 1(Exh. A), 10-3-2012)
11-05.050 Acts prohibited except with special permit.
No person shall do any of the following acts within the limits of any park in the City except upon the issuance
of a special permit for such act(s) pursuant to Article 11 -10, and only so long as such permit remains in full force
and effect, the permittee has complied with all conditions set forth therein, and the permittee has obtained all
other governmental approvals required for the permitted use (e.g., noise exception permit for sound in excess of
noise standards, business license for sales, County Health Department approval for serving food, etc.):
(a) The use or occupation of any park or area thereof by any publicly advertised assemblage or by any
group of persons one hundred or more in number.
(b) The right to the exclusive use or occupation of any park or area thereof by any person or group of
persons, regardless of number.
(c) The use or occupation of any park or area thereof after the times specified in Section 11 -05.020 for
showing of a movie open to the public without charge provided, however, that permits for showing
movies that are not rated G or PG shall include requirements designed to limit viewing of the movie to
an audience appropriate to the rating as determined by the Motion Picture Association of America.
(d) Hawking, vending, peddling, selling, soliciting the sale of or offering for sale any food, drink, goods,
wares, merchandise or services of any kind, or advertisement of the same, in any park or area thereof
at an assemblage of persons one hundred or more in number.
(e) The consumption, exhibition, or possession of beer or wine with an alcohol content of fifteen percent
or less by any person in a publicly advertised assemblage or any group of persons twelve or more in
number.
(Amended by Ord. 202 § 2 (part), 2002; Ord. No. 283, § 1, 5-4-2011; Ord. No. 300, § 1(Exh. A), 10-3-2012)
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11-05.051 Reserved.
Editor's note(s)—Ord. No. 283, § 1, adopted May 4, 2011, repealed § 11-05.51, which pertained to alcohol
prohibited in Wildwood Park during certain times, except with special permit, and derived from Ord. 71-146,
1995.
11-05.052 Reserved.
Editor's note(s)—Ord. No. 283, § 1, adopted May 4, 2011, repealed § 11-05.52, which pertained to alcohol
prohibited in El Quito Park, except with special permit, and derived from Ord. 71-166, 1996.
11-05.053 Posting of signs in Congress Springs Park.
(a) Notwithstanding any other provision of this Code, in Congress Springs Park signs, banners, and posters may
be posted, affixed, or otherwise attached in accordance with this Section of the Code provided that no sign,
banner, or poster may be posted over a previously posted sign, banner, or poster.
(b) Signs, banners, and posters are permitted only in the following areas of the park:
(1) On fencing for all dugouts, bleachers, and batting cages;
(2) The portion of backstop fencing from ground level to a height of ten feet;
(3) The wall of the concession stand facing the field area, provided that the sign, poster, or banner is not
larger than four hundred fifty square inches;
(4) On temporary structures erected by a user group in the field for use in an activity being carried out
pursuant to a group use permit (e.g., on temporary outfield fencing for baseball or registration tables
for a walk-a-thon or other event); and
(5) At up to three locations in the field area on a temporary structure designed to hold only the sign,
banner, or poster and erected in a manner that does not damage turf or otherwise impair future use of
the park.
Notwithstanding the foregoing, no sign may be erected in any location where the printing on the sign is
clearly visible from Glen Brae Drive.
(c) No signs, banners, or posters posted in Congress Springs Park may be larger than twenty square feet.
(d) All signs shall be marked with the date of posting. No sign, banner, or poster may be posted for more than
two weeks unless posted in connection with an activity permitted pursuant to a group use permit in which
case the sign may be posted for the term of the use permit. Signs, banners, and posters may be re -posted for
additional two-week periods provided that the sign is removed for at least forty-eight hours at the end of
each posting period.
(e) The area on the batting cage closest to Glen Brae Drive shall remain open for posting of signs, banners, and
posters by any person notwithstanding any group use permit authorizing a particular group exclusive use o f
the park.
(f) Nothing in this Section shall preclude the Director from posting signs necessary to protect public health and
safety.
(Ord. 248 § 2, 2007)
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11-05.054 Reserved.
Editor's note(s)—Ord. No. 300, adopted October 3, 2012, moved § 11-05.054, which pertained to Kevin Moran
Park use permits, to § 11-10.012.
11-05.060 Supplemental regulations.
The City Council may from time to time by minute order or resolution adopt additional supplemental
regulations relating to the conduct of persons, uses and activities permitted, regulated or prohibited on park
property which are not contradictory or contrary to any of the provisions of this Chapter, and may require the
Director or any of the Director's subordinates to enforce the same.
(Amended by: Ord. No. 300, § 1(Exh. A), 10-3-2012)
11-05.070 Violations of Article; penalties; enforcement.
(a) The violation of any provision of this Article shall be unlawful and constitute an infraction, subject to the
penalties as set forth in Chapter 3 of this Code.
(b) The City Manager or his designee shall be the official responsible for the enforcement of this Article and for
the implementation of this Article in the designation of areas for particular uses; and areas in which certain
uses are prohibited, and for the posting of the requisite notices of the same.
(Amended by Ord. 71-166 § 2, 1996)
11-05.080 Reserved.
Editor's note(s)—Exhibit A of Ord. No. 300, adopted Oct. 3, 2012, repealed § 11-05.080 which pertained to skate
parks and derived from Ord. 204, 2002.
Article 11-10 RESERVATIONS AND SPECIAL PERMITS
Sections:
11-10.001 Reservations and special permits generally.
Article 11-05 of this Code specifies various uses that require reservations or special permits. This Article sets
forth standards for issuance of reservations and special permits.
(Ord. No. 300, § 1(Exh. A), 10-3-2012)
11-10.005 Park facility reservations.
Designated picnic areas, fireplaces, barbecues, tables, spaces and other facilities in City parks may be made
available for the temporary exclusive use of up to one hundred persons for any use other than sports or games
upon the issuance of a reservation therefore by the Director in accord with the following provisions:
(a) The reservation must be issued to an adult who agrees in writing to be responsible for the activities or
the person(s) using the reservation during the entire period of exclusive use.
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(b) The Director shall have the authority to limit the size of the group to a number less than the maximum
specified above taking into consideration the capacity of the park area and amenities being reserved.
(c) Each reservation shall specify:
(1) The park area and amenities to which the permit applies;
(2) The day(s) and hour(s) for which the permit is issued over a period not to exceed one year; and
(3) Any other conditions imposed by the Director.
(d) Prior to issuance of the reservation the City shall collect the requisite fee therefor as established from
time to time by resolution of the City Council.
(Ord. No. 300, § 1(Exh. A), 10-3-2012)
11-10.010 Sports use permit.
Certain predesignated areas of City parks may be made available for the temporary exclusive or non-
exclusive use of groups of persons for sports and games upon the issuance of a use agreement approved by the
City Council or a sports use permit by the Director in accord with the following provisions:
(a) Each group must have one or more adults who agree in writing to be responsible for such group during
the entire period of use of the area in question.
(b) Each group shall in no event exceed in number seventy-five percent of the capacity of such park or the
area of such park, and in all events the Director shall have the authority to limit the size of the group to
a number less than such percentage of capacity in conditioning such permit.
(c) Each permit shall specify:
(1) The park(s) and area(s) of the park(s) to which the permit applies;
(2) The day(s) and hour(s) for which the permit is issued over a period not to exceed one year; and
(3) Any other conditions imposed by the Director.
(Amended by Ord. 202 § 2 (part), 2002; Ord. 71-146 § 2, 1995; Ord. 71-166 § 3, 1996; Ord. No. 300, § 1(Exh. A), 10-
3-2012; Ord. No. 340, § 1(Att. A, § 10), 7-6-2016)
11-10.012 Kevin Moran Park use permits.
(a) Any sports use permit issued for use of Kevin Moran Park shall contain the following conditions:
(1) The park may be used for practice use only. No games may be played at the park;
(2) No use shall be allowed on Sundays;
(3) All uses shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first; and
(4) No more than three teams may use the park at any one time.
(b) No more than two user groups may have sports use permits at Kevin Moran Park at any one time.
(c) Kevin Moran Park may be used by user groups on no more than six Saturdays per year according to a
schedule set by the Director.
(Ord. No. 300, § 1(Exh. A), 10-3-2012; Ord. No. 340, § 1(Att. A, § 10), 7-6-2016)
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11-10.015 Group use permit.
Certain predesignated areas of City parks may be made available for the temporary exclusive or non-
exclusive use of groups of one hundred or more persons, groups of twelve or more persons where alcohol will be
consumed, use of parks after times specified in Section 11-05.020 for showing of a movie open to the public
without charge, and any publicly advertised assemblage upon the issuance of a group use permit by the Director in
accord with the following provisions:
(a) Each group must have one or more adults who agree in writing to be responsible for such group during
the entire period of use of the area in question.
(b) Each group shall not exceed seventy-five percent of the capacity of such park or the area of such park,
and in all events the Director shall have the authority to limit the size of the group to a number less
than such percentage of capacity in conditioning such permit.
(c) Each permit shall specify:
(1) The park(s) and area(s) of the park(s) to which the permit applies;
(2) The day(s) and hour(s) for which the permit is issued over a period not to exceed one year; and
(3) Any other conditions imposed by the Director.
(Ord. No. 300, § 1(Exh. A), 10-3-2012; Ord. No. 340, § 1(Att. A, § 10), 7-6-2016)
11-10.020 Application for sports use and group use permits; indemnification of City.
(a) Application for a sports use permit or group use permit shall be in writing on forms furnished by the City, and
be filed with the Director no less than thirty days, nor more than one year prior to the date of the proposed
use, unless the City Council authorizes an earlier filing, and shall contain the following information:
(1) Name and business and residence address of each applicant, and of the person or organization or
entity sponsoring the proposed activity, and of each person or persons who will be in charge of and
responsible for such proposed activity.
(2) The park or area thereof for which such permit is desired.
(3) The day and hours for which the permit is desired, including starting and finishing time.
(4) An estimate of the anticipated attendance.
(5) The nature of the proposed activity and a statement of all material and equipment as may be brought
into the park.
(6) Vending, sales or soliciting incidental to group use.
(7) Such other information as the Director may find reasonable or necessary to make a fair determination
of whether or not such permit should be issued.
(b) Each application for a sports use permit or group use permit shall be accompanied by a written agreement
executed by one or more financially responsible adults agreeing that, if such permit is issued, (i) they, and
each of them, will jointly and severally hold the City free and harmless and indemnify it from and against any
and all claims, actions, damages, suits or liability for injury to persons or property occurring as the result of or
arising from the activity sponsored by such applicant or the use and occupation of the park premises under
and by virtue of any such permit as is granted, agreeing to be liable to the City for any and all damages as
may be sustained to such park, facilities, buildings and structures which directly or indirectly result from the
activity of such applicant or is caused by any participant in such activity, and (ii) they will furnish to the City,
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at their own cost and expense, liability insurance coverage naming the City as an additional insured and
otherwise in accordance with the applicable insurance standards of the City and that the insurance coverage
will be maintained in full force and effect in accordance with the City's insurance standards for as long as the
permit remains issued and outstanding.
(c) Each such application shall be accompanied by the requisite fee therefor as established from time to time by
resolution of the City Council.
(Amended by: Ord. 202 § 2 (part), 2002; Ord. No. 300, § 1(Exh. A), 10-3-2012)
11-10.030 Findings required for issuance of permit; appeal of decision.
(a) The Director shall issue a sports use or group use permit to the applicant upon making the following findings:
(1) That the proposed use or activity will not unreasonably interfere with the promotion of the public
health, welfare, safety and recreation.
(2) That the proposed use or activity is not reasonably anticipated to incite crime, violence or disorderly
conduct.
(3) That the proposed use or activity will not entail additional expense of police protection by the City, or if
it otherwise would, that the applicant is supplying sufficient additional police protection so as to
eliminate such increase or burden and will reimburse the City for any expense of increased police
protection as determined by the Director.
(4) That the facilities desired have not been reserved for other use at the day and hour requested in the
application, or are not otherwise programmed for use by the City for a City function at such time and
place.
(b) The decision by the Director to either grant or deny a sports use or group use permit, or to grant the same
with conditions, may be appealed by either the applicant or any interested person to the City Council in
accordance with the procedure set forth in Section 2-05.030 of this Code.
(Amended by: Ord. No. 300, § 1(Exh. A), 10-3-2012)
11-10.040 Conditions of permit; clean -up deposit.
(a) In issuing any sports use or group use permit, the Director may impose any conditions deemed necessary or
appropriate to protect the public health, safety or welfare, including, without limitation, any or all of the
following:
(1) Restrictions on the requested use or uses set forth in the application.
(2) Restriction on the hours within which the use or activity may be conducted.
(3) A requirement that the applicant provide, at the applicant's own cost and expense, a park attendant to
help maintain the condition and operations of the park and professional crowd-control monitors, such
as sheriff's deputies or private licensed patrolmen, in such numbers as the Director reasonably
anticipates may be necessary under all the circumstances.
(4) A requirement that the applicant provide, at the applicant's own cost and expense, restroom facilities
sufficient to serve the expected number of persons attending the event that is the subject of the
permit.
(b) A clean-up and damage deposit shall be required prior to issuance of any sports use or group use permit, in
such amount as indicated by the Director, but no less than fifty dollars, guaranteeing not only that the
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permittee will leave the park premises in a clean and orderly condition upon termination of the use, but also
the repair of all damages and replacing of any park equipment or plantings removed or destroyed by
permittee or any of the members or guests of the group or entity using the facilities under such permit.
(Amended by: Ord. No. 300, § 1(Exh. A), 10-3-2012)
11-10.050 Revocation of reservation or permit.
Any reservation or permit issued under the provisions of this Article shall be subject to revocation: (i) by the
Director upon a finding of any violation of any of the provisions of this Chapter, any other provisions of this Code,
or any of the conditions of such reservation or permit, or (ii) by the City Council at any time. Such revocation shall
be effective immediately, but in the case of a revocation by the Director, shall be subject to review by appeal to
the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code.
(Amended by: Ord. 202 § 2 (part), 2002; Ord. No. 300, § 1(Exh. A), 10-3-2012)
11-10.060 Repealed.
(Ordinance 71.92, adopted July 3, 1991.)
Article 11-15 TOBACCO-FREE RECREATION AREAS
Sections:
11-15.010 Definitions.
The following words and phrases, whenever used in this Article shall have the meanings defined in this
Section unless the context clearly requires otherwise:
(a) Parking area means a parking lot or any other area designated or primarily used for parking vehicles of
persons accessing a recreational area.
(b) Person means any natural person, partnership, cooperative association, corporation, personal
representative, receiver, trustee, assignee, or any other legal entity except the City of Saratoga.
(c) Recreational area means any outdoor area that is publicly owned and open to the general public for
recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes,
but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths,
gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks,
and skateboard parks.
(d) Smoke means the gases, particles, or vapors released into the air as a result of combustion, electrical
ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or
vaporization is human inhalation of the byproducts, except when the combusting or vaporizing
material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for
example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke,
electronic cigarette vapors, and marijuana smoke.
(e) Smoking means engaging in an act that generates smoke, such as for example: possessing a lighted
pipe, lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any
kind; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind.
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(f) Tobacco product means any substance containing tobacco leaf, including, but not limited to,
cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis,
or any other preparation of tobacco; and any product or formulation of matter containing biologically
active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with
the expectation that the product or matter will be introduced into the human body, but does not
include any cessation product specifically approved by the United States Food and Drug Administration
for use in treating nicotine or tobacco dependence.
(Ord. No. 280, § 2, 9-15-2010)
11-15.020 Smoking and tobacco product use prohibited.
(a) Smoking or using a tobacco product is prohibited anywhere in a recreational area or in any parking area.
(b) Nothing in this Article shall be construed to prohibit smoking or tobacco product use in any area in which
such smoking or tobacco product use is already prohibited by state or federal law unless the applicable state
or federal law does not preempt additional local regulation.
(Ord. No. 280, § 2, 9-15-2010)
11-15.030 Other requirements and prohibitions.
(a) No ash can, ashtray, or other smoking waste receptacle shall be placed in any area in which smoking is
prohibited by this Article.
(b) No person shall knowingly permit smoking or the use of tobacco products in an area under the person's legal
or de facto control in which smoking or the use of tobacco products is prohibited by this Article or other
provisions of this Code, unless otherwise required by State or federal law.
(c) No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which
smoking or tobacco product use is prohibited by this Article.
(d) "No Use of Tobacco Products" or "Tobacco-Free" signs shall be posted in a quantity and manner reasonably
likely to inform individuals occupying the recreational area and parking area that tobacco product use is
prohibited within the area. The signs shall have letters of no less than one inch in height and shall include the
international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in
a red circle crossed by a red bar).
(e) The presence of smoking waste receptacles in violation of subsection (a) above and the absence of signs
required by subsection (d) above shall not be a defense to a violation of any provision of this Article.
(f) No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against
another person who seeks to attain compliance with this Article.
(g) Each instance of smoking or tobacco product use in violation of this Article shall constitute a separate
violation. For violations other than smoking, each day of a continuing violation of this Article shall constitute
a separate violation.
(Ord. No. 280, § 2, 9-15-2010)
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11-15.040 Penalties and enforcement.
(a) The remedies provided by this Article are cumulative and in addition to any other remedies available at law
or in equity. Enforcement of this Article shall be the responsibility of the City. In addition, any peace officer
or any enforcement officer designated by the City Manager also may enforce this Article.
(b) Violations of this Article are subject to criminal enforcement as an infraction brought by the City of Saratoga,
punishable in accordance with Article 3-05 of this Code.
(c) Violations of this Article are subject to civil action or administrative citation brought by the City of Saratoga in
accordance with Articles 3-10 and 3-30 of this Code, as applicable.
(d) Causing, permitting, aiding, abetting or concealing a violation of any provision of this Article shall also
constitute a violation of the Article.
(e) Except as otherwise provided, enforcement of this Article is at the sole discretion of the City of Saratoga.
Nothing in this Article shall create a right of action in any person against the City of Saratoga or its agents to
compel public enforcement of this Article against any party.
(Ord. No. 280, § 2, 9-15-2010)
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City of Saratoga Services Contract
Exhibit B – Insurance
The insurance requirements listed below that have an “9” indicated in the space before the
requirement apply to this agreement together with the general requirements.
Modifications or waivers to the below requirements are shown in Exhibit E.
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and
request that they provide certificates of insurance complete with copies of all required
endorsements to: Risk Manager, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070
or by email at EDYULW@saratoga.ca.us with a copy to the Primary Representative listed in section
4 on page 1. During the term of this agreement Contractor shall ensure that its
broker(s)/agent(s) provide the Risk Manager and Primary Representative with updated
certificates of insurance reflecting continued satisfaction of the requirements of this agreement
together with updated endorsements in the event of a change in the underlying insurance
policy(ies).
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its
behalf. City has the right to require Contractor’s insurer to provide complete, certified copies of
all required insurance policies. As described in more detail below, the City, its officers, officials,
employees, agents, and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work
commences.
Insurance Requirements
Commercial General/Business Liability Insurance with coverage at least as broad as indicated:
$2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property
damage
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
Auto Liability Insurance with coverage as indicated:
$1,000,000 combined single limit for bodily injury and property damage
$500,000 combined single limit for bodily injury and property damage
Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the
care, custody and control of the Contractor, regardless of where the vehicles are kept
or driven.
Professional/Errors and Omissions Liability (“E&O”) with coverage as indicated:
$2,000,000 per loss/ $2,000,000 aggregate
$5,000,000 per loss/ $5,000,000 aggregate
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Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for
bodily injury or disease.
The Employer's Liability policy shall be endorsed to waive any right of subrogation against
the City, its employees or agents.
All subcontractors used must comply with the above requirements except as noted below:
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1.Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
x The City, its officers, officials, employees, agents and volunteers (each an “additional
insured”) are to be covered as insureds with the same coverage and limits available to the
named insured regarding: liability arising out of activities performed by or on behalf of
the Consultant; premises owned, occupied or used by the Consultant; or automobiles
owned, leased, hired or borrowed by the Consultant. The coverage shall contain no
special limitations on the scope of the protection afforded to the City, its officers,
officials, employees, agents or volunteers. Any available insurance proceeds broader
than or in excess of the minimum insurance coverage requirements and/or limits specified
in this agreement shall be available to the additional insured. The requirements for
coverage and limits shall be (1) the minimum coverage and limits specified in this
agreement; or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater. The additional
insured coverage under Consultant’s policy shall be ''primary and non-contributory" and
will not seek contribution from the City’s insurance or self-insurance and shall be at least
as broad as CG 20 01 04 13. This requirement does not apply to errors and omissions
insurance.
x Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
x The Consultant’s insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the option of the City, either (1) the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials and employees; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses. The
limits of insurance required in this agreement may be satisfied by a combination of primary and
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umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to
contain a provision that such coverage shall also apply on a primary and non-contributory basis
for the benefit of City (if agreed to in a written contract or agreement) before the City’s own
insurance or self-insurance shall be called upon to protect it as a named insured.
3.Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to
subrogation which any insurer of Consultant may acquire against City by virtue of the payment
of any loss under such insurance. Consultant agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation, but this provision applies regardless of whether
City has received a waiver of subrogation endorsement from the insurer.
4.Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require at any time complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications and
failure to exercise this right shall not constitute a waiver of any of City’s rights pursuant to this
agreement.
5. Maintenance of Coverage. Consultant shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer
to cancel any insurance policy required by this agreement except after providing 30 days prior
notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or
changed by the insurer, Consultant shall immediately provide written notice to the City and
obtain substitute insurance meeting the requirements of this agreement. Nothing in this
paragraph relieves Consultant of its obligation to maintain all insurance required by this
agreement at all times during the term of the agreement.
6.Claims Made Policies. If any of the required policies provide claims-made coverage,
the coverage shall be maintained for a period of five years after completion of the contract.
Consultant may satisfy this requirement by renewal of existing coverage or purchase of either
prior acts or tail coverage applicable to said five-year period.
7. Acceptability of Insurers. Insurance is to be placed with insurers with a Best’s rating of
no less than A: VII.
8.Subcontractors. Consultant agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors
hired by Consultant shall agree to be bound to Consultant and City in the same manner and to the
same extent as Consultant is bound to the City under this agreement. Subcontractors shall further
agree to include these same provisions with any sub-subcontractor. Consultant shall provide
subcontractor with a copy of the indemnity and insurance provisions of this agreement as a part
of Consultant’s subcontract with subcontractor. Consultant shall require all subcontractors to
provide a valid certificate of insurance and the required endorsements included in the agreement
prior to commencement of any work and will provide proof of compliance to the City.
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9.Special Risks or Circumstances. City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
-End of Exhibit B-
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City of Saratoga Services Contract
Exhibit C – General Provisions
1.INDEPENDENT CONTRACTOR. City requires the services of a qualified consultant
to provide the work product described in Exhibit A because it lacks the qualified
personnel to provide the specified work product. Consultant is qualified to provide the
required work product and is agreeable to providing such work product on the terms and
conditions in this agreement.
1.1 In General. At all times during the term of this agreement, Consultant shall be
an independent contractor and shall not be an employee of City. Consultant shall
complete the Scope of Work hereunder in accordance with currently approved
methods and practices in Consultant's field. No relationship of employer and
employee is created by this agreement between the City and Consultant or any
subcontractor or employee of Consultant. City shall have the right to control
Consultant only with respect to specifying the results to be obtained from
Consultant pursuant to this agreement. City shall not have the right to control the
means by which Consultant accomplishes services rendered pursuant to this
agreement. Any terms in this agreement referring to direction from City shall be
construed as providing for direction as to policy and the result of the Consultant’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. Nothing contained in this agreement shall be
construed as limiting the right of Consultant to engage in Consultant's profession
separate and apart from this agreement so long as such activities do not interfere
or conflict with the performance by Consultant of the obligations set forth in this
agreement. Interference or conflict will be determined at the sole discretion of the
City.
1.3 Standard of Care. Consultant shall complete the Scope of Work required
pursuant to this agreement in the manner and according to the standards observed
by a competent practitioner of the profession in which Consultant is engaged in
the geographical area in which Consultant practices its profession. All work
product of whatsoever nature which Consultant delivers to City pursuant to this
agreement shall be prepared in a substantial, first class and workmanlike manner
and conform to the standards of quality normally observed by a person practicing
in Consultant’s profession.
1.4 Qualifications. Consultant represents and warrants to City that the Consultant is
qualified to perform the services as contemplated by this agreement and that all
work performed under this agreement shall be performed only by personnel under
the supervision of the Consultant as an employee or, if authorized by the Scope of
Work, a subcontractor. All personnel engaged in the work shall be fully qualified
and shall be authorized, licensed and certified under state and local law to perform
such work if authorization, licensing or certification is required. The Consultant
shall commit adequate resources and time to complete the project within the
project schedule specified in this agreement.
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1.5 Use of City Equipment. City shall not be responsible for any damage to persons
or property as a result of the use, misuse or failure of any equipment used by
Consultant, or by any of its employees, even though such equipment be furnished,
rented or loaned to Consultant by City.
1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a
relevant taxing authority, including, but not limited to the Internal Revenue
Service or the State Employment Development Division, determine that the
Consultant is an employee for purposes of collection of any employment taxes,
the amounts payable under this agreement shall be reduced by amounts equal to
both the employee and employer portions of the tax due (and offsetting any
credits for amounts already paid by the Consultant which can be applied against
this liability). City shall then forward those amounts to the relevant taxing
authority. Should a relevant taxing authority determine a liability for past
services performed by the Consultant for City, upon notification of such fact by
the City, the Consultant shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Consultant
under this agreement (again, offsetting any amounts already paid by the
Consultant which can be applied as a credit against such liability). Any
determination of employment status above shall be solely for the purposes of the
particular tax in question, and for all other purposes of this agreement, The
Consultant shall not be considered an employee of City. Notwithstanding the
foregoing, should any court, arbitrator, or administrative authority determine that
the Consultant is an employee for any other purpose, then the Consultant agrees to
a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator,
or administrative authority determined that the Consultant was not an employee.
2.COMMUNICATION AND NOTICES. The Administrator designated in section 4 on
page 1 of this agreement is authorized to receive information, interpret and define City's
policies consistent with this agreement, and communicate with Consultant concerning
this agreement. All correspondence and other communications shall be directed to or
through the Administrator or the Administrator’s designee.
2.1 In General. All notices or communication concerning a party's compliance with
the terms of this agreement shall be in writing and may be given either personally,
by certified mail, return receipt requested, or by overnight express carrier. The
notice shall be deemed to have been given and received on the date delivered in
person or the date upon which the postal authority or overnight express carrier
indicates that the mailing was delivered to the address of the receiving party. The
parties shall make good faith efforts to provide advance courtesy notice of any
notices or communications hereunder via e-mail. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set forth
above; nor shall lack of such courtesy notice affect the validity of service pursuant
to the notice requirement set forth above.
2.2 Addresses for Notice. Notices or communications shall be given to the parties at
the addresses set forth in section 4 (“Contract Administration”) unless otherwise
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designated in a written notice to the other party. In addition, notices to City shall
be copied to:
James Lindsay
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
%ULWW$YULW
City Clerk
City of Saratoga 13777
Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
2.3 Change of Address. Any party hereto, by giving ten (10) days written notice to
the other, may designate any other address as substitution of the address to which
the notice or communication shall be given.
3.PAYMENT. The payments specified in this paragraph shall be the only payments to be
made to Consultant in connection with Consultant’s completion of the Scope of Work
pursuant to this agreement. Reimbursable expenses shall be billed only at their actual
cost. Consultant shall submit all billings to City and City shall pay such billings in the
manner specified in this paragraph. Payment shall be made payable to Consultant and
delivered to the address specified in section 4 on page 1 of this agreement. The making
of any payment by City, or the receipt thereof by the Consultant, shall in no way lessen
the liability of the Consultant to correct or revise unsatisfactory work, even though the
unsatisfactory character of such work may not have been apparent or detected at the time
such payment was made. City may withhold payment to Consultant in any instance in
which the Consultant has failed or refused to satisfy any material obligation provided for
in this agreement. In no event shall City be liable for interest or late charges for any late
payments.
3.1 Time and Materials. If this contract is designated as a Time and Materials
contract, invoicing and payment shall be as follows:
(a)Consultant shall submit invoices, not more often than once a month during
the term of this agreement, based on the cost for work performed in
accordance with the Rate Schedule in the Scope of Work and authorized
reimbursable expenses incurred prior to the invoice date. Invoices shall
contain the following information:
(i)Serial identifications of bills, i.e., Bill No. 1;
(ii)The beginning and ending dates of the billing period;
(iii)A summary containing the total contract amount, the amount of
prior billings, the total due this period, percentage of work
completed, the remaining balance available for all remaining
billing periods, and a brief description of work completed during
the billing period.
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(b)City shall make monthly payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, and for
authorized reimbursable expenses incurred.
3.2 Lump Sum. If this contract is designated as a Lump Sum contract on page 1
following completion of the work Consultant shall submit a single invoice
containing the beginning and ending dates of the billing period and the total
contract amount. City shall make a single payment, based on such invoice, for
satisfactory completion of the Scope of Work.
4.CONTRACTOR NOT AGENT. Except as City may specify in writing, Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant
to this agreement to bind City to any obligation whatsoever.
5.BENEFITS AND TAXES. Consultant shall not have any claim under this agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time
off, overtime, health insurance, medical care, hospital care, insurance benefits, social
security, disability, unemployment, workers compensation or employee benefits of any
kind. Consultant shall be solely liable for and obligated to pay directly all applicable
taxes, including, but not limited to, federal and state income taxes, and in connection
therewith Consultant shall indemnify and hold City harmless from any and all liability
that City may incur because of Consultant's failure to pay such taxes. City shall have no
obligation whatsoever to pay or withhold any taxes on behalf of Consultant.
6.ASSIGNMENT PROHIBITED. The services to be performed by the Consultant are
personal in character and no party to this agreement may assign any right or obligation
under this agreement. Any attempted or purported assignment of any right or obligation
under this agreement shall be void and of no effect. However, with the consent of the
City given in writing, Consultant is entitled to subcontract such portions of the work to be
performed under this agreement as may be specified by City.
7.PERSONNEL. Consultant shall assign only competent personnel to complete the Scope
of Work pursuant to this agreement. In the event that City, in its sole discretion, at any
time during the term of this agreement, desires the removal of any such persons,
Consultant shall, immediately upon receiving notice from city of such desire of City,
cause the removal of such person or persons from work in connection with the Scope of
Work.
8.CONFLICT OF INTEREST.
8.1 In General. Consultant understands that its professional responsibility is solely
to City. Consultant represents and warrants that it presently has no interest, and
will not acquire any direct or indirect interest, that would conflict with its
performance of this agreement. Consultant shall not employ or subcontract with a
person having such an interest in the performance of this agreement.
8.2 Subsequent Conflict of Interest. Consultant agrees that if an actual or potential
conflict of interest on the part of Consultant is discovered after award, the
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Consultant will make a full disclosure in writing to the City. This disclosure shall
include a description of actions, which the Consultant has taken or proposes to
take, after consultation with the City to avoid, mitigate, or neutralize the actual or
potential conflict. Within 45 days, the Consultant shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City.
8.3 Interests of City Officers and Staff. No officer, member or employee of City
and no member of the City Council shall have any pecuniary interest, direct or
indirect, in this agreement or the proceeds thereof. Neither Consultant nor any
member of any Consultant’s family shall serve on any City board or committee or
hold any such position which either by rule, practice or action nominates,
recommends, or supervises Consultant's performance of the Scope of Work or
authorizes funding to Consultant.
9.COMPLIANCE WITH LAWS
9.1 In General. Consultant shall keep itself fully informed of and comply with all
laws, policies, general rules and regulations established by City and shall comply
with the common law and all laws, ordinances, codes and regulations of
governmental agencies, (including federal, state, municipal and local governing
bodies) applicable to the performance of the Scope of Work hereunder.
9.2 Licenses and Permits. Consultant represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are
legally required for Consultant to practice its profession. Consultant represents
and warrants to City that Consultant shall, at its sole cost and expense, keep in
effect at all times during the term of this agreement any licenses, permits, and
approvals which are legally required for Consultant to practice its profession. In
addition to the foregoing, Consultant shall obtain and maintain during the term
hereof a valid City of Saratoga Business License.
10.WORK PRODUCT AND RECORDS
10.1 Property of City. All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by
Consultant pursuant to this agreement shall become the property of City upon
completion of the work to be performed hereunder or upon termination of this
agreement. Without limiting the generality of the foregoing, if, in connection
with services performed under this agreement, the Consultant or its subcontractors
create artwork, copy, posters, billboards, photographs, videotapes, audiotapes,
systems designs, software, reports, diagrams, surveys, source codes or any other
original works of authorship, such works of authorship shall be works for hire as
defined under Title 17 of the United States Code, and all copyrights in such works
are the property of City. If it is ever determined that any works created by the
Consultant or its subcontractors under this agreement are not works for hire under
U.S. law, the Consultant hereby assigns all copyrights to such works to City,
grants City a royalty-free, exclusive, and irrevocable license to reproduce,
publish, use, and to authorize others to do so, all such works and agrees to provide
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any material and execute any documents necessary to effectuate such assignment
and license. The Consultant may retain and use copies of such works for
reference and as documentation of its experience and capabilities.
10.2 Intellectual Property. Consultant represents and warrants that it has the legal
right to utilize all intellectual property it will utilize in the performance of this
agreement. Consultant further represents that it shall ensure City has the legal
right to utilize all intellectual property involved in and/or resulting from
Consultant’s performance of this agreement. Consultant shall indemnify and hold
City harmless from all loss and liability, including attorneys’ fees, court costs and
all other litigation expenses for any infringement of the patent rights, copyright,
trade secret or any other proprietary right or trademark, and all other intellectual
property claims of any person or persons in consequence of the use by City, or
any of its officers or agents, of articles or services to be supplied in the
performance of this agreement.
10.3 Retention of Records. Until the expiration of five years after the furnishing of
any services pursuant to this agreement, Consultant shall retain and make
available to the City or any party designated by the City, upon written request by
City, this agreement, and such books, documents and records of Consultant (and
any books, documents, and records of any subcontractor(s)) that are necessary or
convenient for audit purposes to certify the nature and extent of the reasonable
cost of services to City.
10.4 Use of Recycled Paper and Electronic Documents. Consultant shall prepare
and submit all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin paper.
Documents shall be printed on both sides of the page and City shall be provided
with electronic copies of documents (in Word or .pdf format) except where
unusual circumstances make it infeasible to do so.
11.CONFIDENTIAL INFORMATION. Consultant shall hold any confidential
information received from City in the course of performing this agreement in trust and
confidence and will not reveal such confidential information to any person or entity,
either during the term of the agreement or at any time thereafter. Upon expiration of this
agreement, or termination as provided herein, Consultant shall return materials which
contain any confidential information to City. Consultant may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is defined as all
information disclosed to Consultant which relates to City's past, present, and future
activities, as well as activities under this agreement, which information is not otherwise
of public record under California law.
12.RESPONSIBILITY OF CONSULTANT. Consultant shall take all responsibility for
the work, shall bear all losses and damages directly or indirectly resulting to Consultant,
to any subcontractor, to the City, to City officers and employees, or to parties designated
by the City, on account of the performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes to the extent predicated on active or
passive negligence of the Consultant or of any subcontractor.
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13.INDEMNIFICATION. Consultant and City agree that City, its employees, agents and
officials shall be fully protected from any loss, injury, damage, claim, lawsuit, cost,
expense, attorneys 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
actually, allegedly or impliedly, in whole or in part, to the 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, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs (including, without
limitation, costs and fees of alternative dispute resolution and litigation) of any
kind whatsoever without restriction or limitation, incurred in relation to, as a
consequence of or arising out of or in any way attributable actually, allegedly or
impliedly, in whole or in part, to Consultant, or its employees, agents, or
subcontractors. All obligations under this provision are to be paid by Consultant
as they are incurred by the City.
13.2 Duty to Defend. 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.
13.3 Limitation on Indemnity. Without affecting the rights of City under any
provision of this agreement or this section, Consultant shall not be required to
defend, indemnify, and hold harmless City as set forth above for liability
attributable to the sole fault of City, provided such sole fault is determined by
agreement between the parties or the findings of a court of competent jurisdiction.
This exception will apply only in instances where the City is shown to have been
solely at fault and not in instances where Consultant is solely or partially at fault
or in instances where City's fault accounts for only a percentage of the liability
involved. In those instances, the obligation of Consultant will be all-inclusive and
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City will be held harmless, indemnified, and defended for all liability incurred,
even though a percentage of the liability is attributable to conduct of the City.
13.4 Acknowledgement. Consultant acknowledges that its obligation pursuant to this
section extends to liability attributable to City, if that liability is less than the sole
fault of City. Consultant has no obligation under this agreement for liability
proven in a court of competent jurisdiction or by written agreement between the
parties to be the sole fault of City.
13.5 Scope of Consultant Obligation. The obligations of Consultant under this or
any other provision of this agreement will not be limited by the provisions of any
workers' compensation act or similar act. Consultant expressly waives its statutory
immunity under such statutes or laws as to City, its employees and officials.
13.6 Subcontractors. Consultant agrees to obtain executed indemnity agreements
with provisions identical to those set forth here in this section from each and
every subcontractor, sub tier contractor or any other person or entity involved by,
for, with or on behalf of Consultant in the performance or subject matter of this
agreement.
13.7 No Waiver. Failure of City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of
any rights hereunder. This obligation to indemnify and defend City as set forth
herein is binding on the successors, assigns, or heirs of Consultant and shall
survive the termination of this agreement or this section. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this agreement
is not a construction contract. By execution of this agreement, Consultant
acknowledges and agrees that it has read and understands the provisions hereof
and that this paragraph is a material element of consideration. City approval of
insurance required by this agreement does not relieve the Consultant or
subcontractors from liability under this section.
13.8 Relation to Insurance Obligations. The defense and indemnification obligations
of this agreement are undertaken in addition to, and shall not in any way be
limited by, the insurance obligations contained in this agreement.
14.DEFAULT AND REMEDIES.
14.1 Events of default. Each of the following shall constitute an event of default
hereunder:
(a)Failure by Consultant to perform any obligation under this agreement and
failure to cure such breach immediately upon receiving notice of such
breach, if the breach is such that the City determines the health, welfare, or
safety of the public is immediately endangered; or
(b)Failure by either party to perform any obligation under this agreement and
failure to cure such breach within fifteen (15) days of receiving notice of
such breach (except for breaches subject to subparagraph (a), above);
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provided that if the nature of the breach is such that the non-breaching
party determines it will reasonably require more than fifteen (15) days to
cure, the breaching party shall not be in default if it promptly commences
the cure and diligently proceeds to completion of the cure.
14.2 Remedies upon default. Upon any default, the non-defaulting party shall have
the right to immediately suspend or terminate this agreement, seek specific
performance and/or seek damages to the full extent allowed by law. City shall
have the right to contract with another party to perform this agreement
14.3 No Waiver. Failure by City to seek any remedy for any default hereunder shall
not constitute a waiver of any other rights hereunder or any right to seek any
remedy for any subsequent default.
15. TERMINATION. Either party may terminate this agreement with or without cause by
providing 10 days’ notice in writing to the other party. The City may terminate this
agreement at any time without prior notice in the event that Consultant commits a
material breach of the terms of this agreement. Upon termination, this agreement shall
become of no further force or affect whatsoever and each of the parties hereto shall be
relieved and discharged from the rights and obligations of this agreement, subject to
payment for acceptable services rendered prior to the expiration of the notice of
termination and delivery to City of any work in progress, completed work, supplies,
equipment, and other materials produced as a part of, or acquired in connection with the
performance of this agreement, and any completed or partially completed work which, if
this agreement had been completed, would have been required to be furnished to City.
Notwithstanding the foregoing and section 2 on page 1, this section and the provisions of
this agreement concerning insurance (Exhibit B), Funding Agency Requirements (as set
forth in Exhibit D if applicable), Work Product and Records, Confidential Information,
Responsibility of Consultant, Indemnification, Default and Remedies, Litigation, and
Jurisdiction and Severability shall survive termination or expiration of this agreement.
16.DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any
dispute or claim arising under this agreement. If the parties fail to resolve such disputes
or claims, they shall submit them to non-binding mediation in California at shared
expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a
satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In
the event any dispute resolution processes are involved, each party shall bear its own
costs and attorneys’ fees.
17.LITIGATION. If any litigation is commenced between parties to this agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys’ fees and costs.
18.JURISDICTION AND SEVERABILITY. This agreement shall be administered and
interpreted under the laws of the State of California. Jurisdiction of litigation arising from
this agreement shall be in that state and venue shall be in Santa Clara County, California.
If any part of this agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the remainder of this
agreement shall be in full force and effect.
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19.NOTICE OF NON-RENEWAL. Consultant understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Consultant under this agreement be supplemented or continued by
Consultant under a new agreement following expiration or termination of this agreement.
Consultant waives all rights or claims to notice or hearing respecting any failure by City
to continue to request or retain all or any portion of the work product from Consultant
following the expiration or termination of this agreement.
20.PARTIES IN INTEREST. This agreement is entered only for the benefit of the parties
executing this agreement and not for the benefit of any other individual, entity or person.
21.WAIVER. Neither the acceptance of work or payment for work pursuant to this
agreement shall constitute a waiver of any rights or obligations arising under this
agreement. The failure by the City to enforce any of Consultant’s obligations or to
exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter.
-End of Exhibit C-
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City of Saratoga Services Contract
Exhibit D – Funding Agency Requirements
This agreement is funded in part pursuant to the contract between City and
_______________________________________________
(“Funding Agency”) attached hereto as Exhibit D-1 (“Funding Agreement”). In
recognition of the Funding Agreement City and Contractor agree that:
1.All contractual provisions required by the Funding Agreement are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all Funding Agreement-
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this agreement. The Consultant shall not perform any act, fail to perform any
act, or refuse to comply with any City requests which would cause the City to be in
violation of the Funding Agreement terms and conditions.
2. If Consultant claims or receives payment from City for a service, reimbursement for
which is later disallowed by the Funding Agency, the Consultant shall promptly refund
the disallowed amount to City upon City’s request. At its option, City may offset the
amount disallowed from any payment due or to become due to Consultant under this
agreement or any other agreement.
3. City may terminate or suspend performance of this agreement if Funding Agency
suspends or terminates funding pursuant to the terms of the Funding Agreement. In the
event of suspension or termination City shall be obligated to fund only that portion of
Consultant’s work performed prior to the suspension or termination that is not funded by
the Funding Agreement.
4. By executing this agreement, the Consultant certifies that the Consultant is not
suspended, debarred or otherwise excluded from participation in the program(s)
supported by the Funding Agreement. Consultant acknowledges that this certification of
eligibility to receive Funding Agency funds is a material term of the agreement.
-End of Exhibit D-
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City of Saratoga Services Contract
Exhibit E – Special Requirements
AND/OR See Exhibit(s) E- incorporated by this reference.
-End of Exhibit E-
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SARATOGA CITY COUNCIL
MEETING DATE:May 3, 2023
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Consultant
SUBJECT:Group Use Permit Implementation Policy Amendment
RECOMMENDED ACTION:
Adopt the resolution amending the City of Saratoga Group Use Implementation Policy and direct
staff to include updates in the next Annual Code Update to reflect the changing park reservation
service model and otherwise update the Code regarding park permits.
BACKGROUND:
Per City Code,a Group Use Permit is required for certain park uses. This includes gatherings of
100 people or more, groups of 12 or more where alcohol is consumed,use of parks for free movie
events after regular park hours, selling or trading goods in City Parks, and publicly advertised
assemblies. To assist with implementation of this, the City Council adopted a Group Use Permit
Implementation Policy that describes criteria for Group Use Permit holders –particularly those
hosting large events that may impact park facilities.
One of the City Council’s Fiscal Year 2023/24 budget balancing strategies includes reimaging
service delivery of park rental oversight in the City of Saratoga through a third-party coordinator.
This change would occur upon the retirement of the City’s Facilities Administrator, who currently
oversees park rentals. In anticipation of the transition on October 1, 2023, staff is advising that the
City Council adopt an amended Group Use Implementation Policy. The proposed changes are
intended to allow for a third-party organization to issue Group Use Permits.
Additionally, staff is recommending that the City Council direct staff to include updates in the next
Annual Code Update to reflect this change as well as update Saratoga City Code Chapter 11 related
to permits for various uses in City parks.
ATTACHMENTS:
Attachment A –Resolution Amending the City of Saratoga Group Use Permit Implementation
Policy
Attachment B –Current Group Use Permit Implementation Policy
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RESOLUTION NO. 23-___
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA AMENDING THE
GROUP USE PERMIT IMPLEMENTATION POLICY
WHEREAS, the City Council adopted the Group Use Permit Implementation Policy via
Resolution 12-056 in October 2012 to provide guidance on the obligations of permit holders; and
WHEREAS, one of the Fiscal Year 2023/24 budget balancing strategies includes
reimagining park rental services by contracting this service to a third party organization for
implementation and management; and
WHEREAS, the Group Use Permit Policy as drafted in 2012 envisions City administration
of park rentals, including issuance of Group Use Permits as required by City Code; and
WHEREAS, the amended Group Use Permit Implementation Policy is drafted to allow
for a third-party park reservation manager to administer Group Use Permits and includes revisions
to better reflect current park rental practices;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
amends the Group Use Permit Implementation Policy to read as set forth in the attached effective
October 1, 2023 and declares that this resolution shall replace and supersede all prior resolutions,
policies, and understandings related to the Group Use Permit Implementation Policy.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 3rd day of May 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kookie Fitzsimmons, Mayor
ATTEST:
DATE:
Britt Avrit, MMC
City Clerk
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City of Saratoga Group Use Permit Implementation Policy
(Adopted and Amended May 3, 2023 via Resolution 23-__) – Page 1 of 2
CITY OF SARATOGA GROUP USE PERMIT IMPLEMENTATION POLICY
Adopted and Amended May 3, 2023 via Resolution 23-__
I.Policy Goal
The goal of the City of Saratoga Group Use Permit Implementation Policy is to
preserve the integrity of City of Saratoga parks under the management of a third-party
park reservation manager by providing clear expectations and requirements for Group
Use Permit holders. The City Council’s designated third-party park reservation
manager is hereby authorized to act on behalf of the Director of Parks with respect to
issuance of all park use permits. This policy is adopted pursuant to section 11-05.060
of the Saratoga Municipal Code authorizing the City Council to adopt supplemental
regulations concerning park uses.
II.Group Use Permit Requirements
a.Indemnification: All groups subject to a Group Use Permit must sign a written
agreement executed by one or more financially responsible adults agreeing that, if
such permit is issued, they, and each of them, will jointly and severally hold the
City free and harmless and indemnify it from and against any and all claims,
actions, damages, suits or liability for injury to persons or property occurring as the
result of or arising from the activity sponsored by such applicant or the use and
occupation of the park premises under and by virtue of any such permit as is
granted, agreeing to be liable to the City for any and all damages as may be
sustained to such park, facilities, buildings and structures which directly or
indirectly result from the activity of such applicant or is caused by any participant
in such activity.
b.Insurance: All groups subject to a Group Use Permit will furnish, at their own cost
and expense, liability insurance coverage in the amount of at least $1 million
naming the City of Saratoga as an additional insured and otherwise in accordance
with the applicable insurance standards of the City and that the insurance coverage
will be maintained in full force and effect in accordance with the City's insurance
standards for as long as the permit remains issued and outstanding.
c.Park Attendant: A Park Attendant will be required for Group Use Permit holders
that require vehicle access into a City Park, access to utilities, or for use of parks
after regular hours.
d.Deposit: A deposit may be required for Group Use Permit holders anticipating 100
or more people. The deposit amount will be based on the estimated clean-up cost,
with the minimum deposit about set at $50.
e.Security: Security officers may be required for Group Use Permit holders
anticipating 100 or more people and when alcohol will be consumed at a City park.
The Group Use Permit holder is responsible for this cost.
f.City of Saratoga Noise Exception Permit: A City of Saratoga Noise Exception
Permit will be required if the Group Use Permit holder will exceed City noise
standards.
g.Additional Toilet(s): Additional toilets may be required if estimated attendance is
expected to exceed park restroom capacity.
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City of Saratoga Group Use Permit Implementation Policy
(Adopted and Amended May 3, 2023 via Resolution 23-__) – Page 2 of 2
h.Trash Removal: The Group Use Permit holder may be required to ensure removal
and proper disposal of trash.
III.Issuance of Group Use Permits
The Group Use Permit must include the permit holder’s name and contact information;
description of the permit holder’s rental activity; the park(s) and area(s) of the park(s)
to which the permit applies; the day(s) and hour(s) for which the permit is issued over
a period not to exceed one year; and, all applicable permit requirements as well as any
requirements imposed by the City of Saratoga third-party park reservation manager.
The third-party park reservation manager shall provide a copy to the City of Saratoga
within 2 business days of receiving any Group Use Permit application that requires a
Park Attendant, Security, Noise Exception Permit, or additional toilet(s). Information
about all other Group Use Permits may be transmitted to the City of Saratoga as part
of a quarterly report.
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Page 1 of 4
Group Use Permit Policy
City of Saratoga
In May 2012, the City Manager’s Office (CMO) volunteered to take over the task of
coordinating large events at parks. City staff created a streamlined process for coordinating
events with the four important goals listed below to accomplish. Prior to this shift of
responsibilities, event coordinators made reservations either online or in person, depending on
the park selected, and event requirements such as clean-up deposits and noise exemption permits
were not monitored by any City department after the initial reservation.
This Group Use Permit Implementation Policy Matrix outlines eight requirements that Group
Use Permit holders may be required to meet, depending on the type of event. The eight
requirements have been designed to improve the communication between all stakeholders
involved in conducting events and to prevent any impacts to other park users and residents near
parks as a result of having large events at parks.
Policy Goals
• Offer a streamlined and customer-friendly process where event coordinators are informed
at the earliest stage possible about the various requirements involved in conducting a
large event.
• Improve communication between all city staff members involved with reserving parks,
coordinating events, and issuing permits.
• Preserve the integrity of the parks, to ensure their longevity so that community members
may continue to enjoy them.
• Foster and maintain good relationships with Saratoga residents by creating a process that
considers the possible impacts residents may experience as a result of large events near
their homes.
Policy Process
Currently, the City allows residents to reserve space at parks, except for Wildwood Park, from its
online reservation page. City staff will add a section on the page that informs residents that if
their reservation will include 100 attendees or more for any of the events, they must make an
appointment to see City staff.
Once the event coordinator makes an appointment, City staff will confirm whether the park is
available and ask the event coordinator to complete the Group Use Permit application. The
application will help City staff determine what conditions will exist during the event and which
requirements noted in the policy will be triggered.
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Item Requirement
Applicable City Parks Congress Springs Park
El Quito Park
Kevin Moran Park
Wildwood Park
Group Use Permit
Required for use of the City’s parks by groups of
100 people or more, groups are selling or trading
goods in City parks, groups of 12 or more are
consuming wine or beer, and publicly advertised
assemblage. There is no fee for the Group Use
Permit.
Indemnity Agreement Required for all groups subject to Group Use
Permit.
Certificate of Insurance
Required for all groups subject to Group Use
Permit. Insurance may be purchased through the
City or with the City’s assistance if the permit
holder does not want to use personal insurance. If
the City’s 3rd party insurance provider is used,
cost is dependent on size of event. For the typical
outdoor community event up to 500 people,
insurance premium will range from $122‐ $253.
Additional premium will be required if alcohol is
consumed. Insurance is obtained at the expense of
the permit holder.
Park Attendant A Park Attendant will be required at an event if
event organizers request for the following:
1) Access to Utilities
2) Vehicle Access into the Park
3) Use of Parks After Dusk
A Park Attendant may be required if both of the
following conditions exist:
• Food and/or alcohol is consumed
• Event duration is 4+ hours
Park attendant fee is currently $200 per day and is
the responsibility of the permit holder.
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Item Requirement
Park Clean‐Up and Damage
Deposit
A clean‐up and damage deposit will be required
for all events and the amount will be based on the
estimated clean‐up cost of the event, with the
minimum amount of $50 and a maximum amount
of $250. The deposit will be returned if the park
facility remains in the same condition as it was
when it was reserved.
Security A security officer(s) or off‐duty/reserve Sheriff’s
Office deputy officer(s) may be required for
groups of 30 or more consuming alcohol at parks
and two or more security officers or off‐
duty/reserve Sheriff’s Office deputy may be
required for groups of 100 or more consuming
alcohol at parks, consistent with the City’s Facility
Use Policy.
Security may be required if similar events in the
past have resulted in incident reports filed by the
Sheriff.
In some cases, the City will defer to the Sheriff’s
Office on the appropriate number of required
security at park events.
The event coordinator may hire a 3rd party
certified security provider or ask the City to
coordinate with the Sheriff’s Office to hire off‐
duty or reserve deputies. Cost of security will be
the responsibility of the permit holder.
Note: Sheriff deputies are hired at a 3 hour
minimum and may cost anywhere between
$50/hour and $60/hour, depending on whether
the deputy is a reserve deputy or off‐duty deputy.
Noise Exception Permit Noise Exception permit will be required in
accordance with current noise ordinance. The
cost of Noise Exemption Permits is $50.
Additional Portable Toilet(s) Additional restroom facilities will be required for
events where the number of people exceed the
toilet to person ratio of 1:300, in accordance with
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Item Requirement
National Park Service Standards. Each park has a
different bathroom capacity and each event
request will be evaluated based on the park that is
chosen. Costs are approximately $300 for rental of
a portable unit and washing area. The City may
help facilitate the rental of portable toilets and
cost will be the responsibility of the permit
holder.
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SARATOGA CITY COUNCIL
MEETING DATE:May 3, 2023
DEPARTMENT:Community Development Department
PREPARED BY:Nicole Johnson, Senior Planner
SUBJECT:Consider Owner Occupancy Requirement for Mills Act Agreements
RECOMMENDED ACTION:
Provide direction to staff regarding whether the City should require that residential buildings
subject to a Mills Act agreement be owner occupied.
BACKGROUND:
At its April 19, 2023 meeting the City Council directed staff to prepare information to facilitate
City Council discussion of whether the City should amend its Mills Act process to require that
residential buildings subject to a Mills Act agreement be owner occupied.
As background, the Mills Act is state legislation granting local governments the authority to enter
into agreements with owners of qualified historical properties to provide for the use, maintenance,
and restoration of the properties to retain characteristics of their historical significance. In
exchange for these restrictions,the owners receive a reduced assessed valuation of their property
thereby lowering their property taxes. The City Council approved participating in the Mills Act
Program in March, 2003. It is Council policy that no more than three applications for the Mills
Act be approved per year.
A Mills Act agreement has a term of 10 years. Each year the agreement is automatically renewed
unless the property owner or the City issues a notice of non-renewal. If the contract is not renewed,
it expires after 10 years. Over those ten years the property taxes gradually increase until they reach
their normal level at the end of the term of the agreement. A Mills Act agreement can also be
cancelled if the property owner is found to be in breach of the agreement, terminating it
immediately. In the event of a cancellation, the landowner must pay a fee of 12.5% of the
property’s assessed value to the county auditor and the property taxes immediately increase to their
normal level.
Entering a Mills Act agreement is a voluntary and discretionary act by the City Council. This
means that the Council can set reasonable conditions for such contracts. Accordingly, the Council
163
could choose to impose an owner occupancy requirement for residential buildings subject to a
Mills Act agreement.
The key policy questions related to creating an owner occupancy requirement are: (1) what
standards determine whether the occupant is an owner; (2) the process for terminating the
agreement when the owner-occupancy requirement is no longer satisfied; and (3) whether there
should be any exceptions to the requirement. Each of these is discussed below. Council or
members of the public may identify other policy issues and these can be discussed at the Council
meeting as well.
Who qualifies as an owner? Title to property can be held in various ways. The policy could be
structured in ways ranging from very strict (at least one of the occupants must be a person named
on title) to less strict (the property must not be occupied by any person paying for the right to
occupy the property). One approach would be to rely on the State of California’s existing system
whereby homeowners claim a homeowner’s exemption under state property tax laws. This
approach would have Council policy be that all residences subject to a Mills Act agreement be
occupied in such a way that the property qualifies for the homeowner’s exemption as reflected in
the County Assessor’s records. Alternatively, the policy could require that property owners with
Mills Act agreements provide the City with evidence of occupancy on annual basis (this could
include things such as copies of driver’s licenses and vehicle registration, recent utility bills,
redacted bank statements, etc.). Of course there are many other approaches that could be used.
What is the process for terminating the agreement? If a property no longer satisfies the owner
occupancy requirement the Council policy can provide that either (1) the City cancel the agreement
immediately (requiring payment of the 12.5% fee by the property owner and leading to an
immediate increase to normal tax levels), or (2) the City issue a notice of nonrenewal, terminating
the contract after 10 years (with a gradual increase in taxes over that period).
Should there be any exceptions? The Council should consider whether there should be any
exceptions to the requirement. For example, during the April 19 City Council meeting there was
a suggestion that there be an exception in the event the property is not owner occupied due to an
illness.
Staff reached out to other cities with Mills Act programs for insights as to how others have
addressed these policy questions. Of the sixteen cities that responded, none has an owner
occupancy requirement and so staff received no information on approaches to how this
requirement could be implemented.
NEXT STEPS
Based on Council direction staff will prepare a draft statement of the Council policy and a draft of
an additional provision to be inserted in the City’s standard form for Mills Act Agreements.
Pursuant to Section 13-10.040(d) of the City Code, staff will take the matter to the Historic
Preservation Commission for their comment and then return to the City Council with the
Commission’s recommendations for Council consideration. Following Council action staff will
return with the Mills Act agreement that had been before the Council on April 19. Staff will not
164
process any further Mills Act agreements until this process is complete. Staff has consulted with
the Tax Assessor’s office and they have indicated that Mills Act agreements recorded by December
31, 2023 will be eligible for reduced property taxes in 2024.
ATTACHMENTS:
Attachment A – March 3, 2003 Resolution Approving the Mills Act Program
Attachment B – Form Mills Act Agreement
1639806.1
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Page 1 of 12
Recording Requested by and
when recorded mail to:
Office of the City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Form per Gov't Code Section 27361.6
[SPACE ABOVE THIS LINE FOR RECORDER'S USE]
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, ("Agreement"), is made and entered into this ___ day of ________ 2023 by
and between, ("Owner"), Owner of the real property described below, and the City
of Saratoga, California, a municipal corporation, ("City"). City and Owner may be referred to herein
individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the City to enter into
contracts with owners of qualified historical properties to provide for the use, maintenance, and
restoration of historical properties to retain characteristics of historical significance.
(2) Owner possesses fee title in and to (together with associated structures and
improvements thereon) the real property described in Exhibit A to this Agreement and referenced
herein as Historic Property. The Historic Property is shown as Assessors' Parcel Number XXX-XX-
XXX on the 2023 Santa Clara County Assessors' Roll and is generally referenced by the following
street address: XXXX in the City of Saratoga, as of the Effective Date.
(3) The Historic Property was designated by the City as a historic landmark by Ordinance
No XXX and the City has determined that this Agreement is necessary to allow the restoration,
rehabilitation, and maintenance of the Historic Property.
(4) City and Owner, for their mutual benefit, now desire to enter into this agreement both to
protect and preserve the characteristics of historical significance of the Historic Property and to
qualify the Historic Property for an assessment of valuation pursuant to Sections 439-439.4 of the
California Revenue and Taxation Code. The Resolution of the City Council approving this
Agreement is attached hereto as Exhibit B.
B. Agreement.
City and Owner, in consideration of the mutual covenants and conditions set forth herein and
the recitals set forth above, do hereby agree as follows:
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Page 2 of 12
(1) Term of Agreement.
(a) This Agreement shall be effective and commence on the date recorded in the Santa Clara
County Recorder’s Office (“Effective Date”) and shall remain in effect for a term of ten (10) years
thereafter.
(b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the
Agreement shall be extended by one year unless notice of non-renewal is served as provided herein.
(c) In accordance with Government Code section 50282 if either Owner or City desire in any
year not to renew the Agreement, that Party shall serve on the other Party written notice of non-
renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date.
Notice of non-renewal by Owner shall be filed at least ninety days prior to the Renewal Date. Either
party may protest a notice of non-renewal. A notice of non-renewal may be withdrawn at any time
prior to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of
non-renewal. If a Party serves and does not withdraw a notice of non-renewal the Agreement shall
remain in effect for ten years from the next Renewal Date as stated in this contract.
(2) Condition of Historic Property. The characteristics that contribute to the historic
significance of the Historic Property and the condition of the Historic Property as of the Effective
Date are documented in Exhibit C to this Agreement (“Baseline Conditions”).
(3) Standards for Historical Property. During the term of this Agreement, the Historic
Property shall be subject to the following conditions, requirements, and restrictions:
(a) Owner shall immediately implement the list of goals and general improvement plans for
maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this
Agreement (“Restoration Plan”) in order to bring the Historic Property into conformance with the
rules and regulations of the Office of Historic Preservation of the California Department of Parks
and Recreation, the Secretary of the Interior’s Standards for Rehabilitation and the State of
California's Historic Building Code (collectively, the “Applicable Rules”). Thereafter, Owner shall
preserve and maintain the characteristics that contribute to the historic significance of the Historic
Property. This shall include, but not be limited to, maintaining the Historic Property in good repair
and conducting all use, maintenance, repair, restoration, and preservation in accordance with the
Applicable Rules and all other City, State, and Federal laws.
(b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or
repair of any exterior architectural feature in or on the Historic Property that does not involve a
change in design, material, or external appearance thereof. Nor does this Agreement prevent the
construction, reconstruction, alteration, restoration, demolition, or removal of any such external
architectural feature when the Community Development Director determines that such action is
required for the public safety due to an unsafe or dangerous condition which cannot be rectified
through the use of the California State Historic Building Code and when such architectural feature
can be replaced according to the standards described in subsection (a), above.
(c) The California State Historic Building Code ("SHBC") provides alternative building
regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as
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Page 3 of 12
Historic Properties. The SHBC shall be used in the City’s building permit procedure for the Historic
Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement
shall be deemed to prevent any fire, building, health, or safety official from enforcing laws,
ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the
Owner or occupants of the Historic Property or the public.
(d) Owner shall maintain the Historic Property in a manner that does not block the view of
the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or
other landscaping.
(4) Provision of Information.
(a) Within thirty days of any request, Owner shall furnish City with any and all information
requested by City relevant to this contract to determine compliance with the terms and provisions of
this Agreement.
(b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement,
all records as may be necessary to determine the eligibility of the property involved, and Owner’s
compliance with the terms and provisions of this Agreement. These records shall include, but not be
limited to photographs, blueprints, permits, historical and/or architectural review approvals. In the
event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all
such records to the new Owner of the Historic Property.
(c) Owner shall submit annually to the Community Development Director a report which
shall specify all work completed during the preceding twelve months to comply with the
requirements of this Agreement and report on such other items as may be specified by the
Community Development Director.
(d) Owner shall allow for periodic examinations, by prior appointment, of the interior and
exterior of the Historic Property by representatives of the County Assessor, State Department of
Parks and Recreation, State Board of Equalization, (collectively the “Interested Agencies”) and/or
the City. The Community Development Director shall determine when periodic examinations by the
City may be necessary to determine the eligibility of the property involved, and to determine
Owner’s compliance with the terms and provisions of this Agreement; these examinations shall take
place not less than once every five years. Examinations by representatives of the Interested
Agencies shall be made as deemed necessary by those agencies.
(5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government
Code Section 50285, may cancel this Agreement if it determines one or more of the following:
(i) Owner has breached any of the terms or conditions of this Agreement;
(ii) Owner has allowed the Historic Property to deteriorate to the point that it no
longer meets the standards of the Applicable Rules or no longer qualifies as a City of
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Page 4 of 12
Saratoga historic landmark;
(iii) Owner has allowed the property to deteriorate to the point that it no longer
meets standards as provided for in Chapter 16 of the Saratoga City Code including, but are
not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for
the Abatement of Dangerous Buildings;
(iv) Owner has not complied with other local, state, or federal laws and regulations.
(b) In the event of cancellation, OWNER shall be subject to payment of those cancellation
fees set forth in California Government Code Sections 50280, et seq.
(6) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be
deemed to be a waiver of any other subsequent breach. City does not waive any claim of breach by
Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity
which are not otherwise provided for under the terms of this Agreement or in the City's laws and
regulations are available to the City.
(7) Enforcement. In lieu of and/or in addition to any provisions to cancel the Agreement,
City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a
default by Owner City shall give written notice of the violation to Owner by registered or certified
mail addressed to the address provided for notice in this Agreement. The violation shall be corrected
to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the
violation cannot reasonably be cured within sixty days, actions to cure the violation shall be
commenced within sixty days and pursued diligently to completion within a reasonable period of
time to be determined by the City. If the violation is not timely cured then the City may, without
further notice, declare a default and bring any action necessary to specifically enforce the obligations
of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for
such other relief as may be appropriate. The City’s right to enforce this Agreement shall in no way
limit or restrict its rights or legal remedies arising under other provisions of local, state, or federal
law, including the historic preservation regulations under the City’s municipal code.
(8) Binding Effect of Agreement.
(a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations,
and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and
agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in
this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic
Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every
contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the
Historic Property, or any portion thereof, shall conclusively be held to have been executed,
delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this
Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such
contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to
the City.
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Page 5 of 12
(b) City and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner
has a legal interest in the Historic Property and this Agreement relates to and affects the use of the
Historic Property.
(c) City and Owner hereby further declare their understanding and intent that the benefit of
such covenants, reservations, and restrictions touch and concern the land by enhancing and
maintaining the historic characteristics and significance of the Historic Property for the benefit,
which includes, but is not limited to the benefit to the public street named in the recitals to this
Agreement, City, residents of City and of the State of California, and Owner.
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the
address of the respective parties as specified below or at any other address as may be later specified
by the parties hereto.
CITY: City of Saratoga
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
OWNER:
(10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or
conditions of this Agreement shall be deemed to create a partnership between the parties hereto and
any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them
to be considered joint ventures or members of any joint enterprise.
(11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless
and indemnify City, its City Council, commissions, officers, agents, and employees from and against
any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused,
including all costs and reasonable attorney's fees in providing a defense to any claim arising there
from for which Owner shall become legally liable arising from Owner’s acts, errors, or omissions
with respect to or in any way connected with the prosecution of the work performed by Owner
pursuant to this Agreement. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this
Agreement regardless of whether City prepared, supplied, or approved any plans, specifications,
other documents, or any proposed conduct relating to the Historic Property.
(12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to
enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein,
or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay
its own attorney's fees.
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(13) Recordation and Notice. No later than twenty (20) days after the parties execute and
enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of Santa Clara. Owner shall provide written notice of this agreement to the
Office of Historic Preservation of the Department of Parks and Recreation no later than six (6)
months after entering into this Agreement and shall provide the City with a copy of such notice at
the time it is filed.
(14) Fees. The Community Development Director may assess, and Owner shall pay such
Mills Act Historic Property Contract fees for the administration of this Agreement as may be
authorized from time to time by the City Council.
(15) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any
reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or
by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of
the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and
Owner hereby declare that each would have approved and accepted this Agreement, and each
section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(16) Integrated Agreement - Totality of Agreement. This Agreement embodies the
agreement between City and Owner and its terms and conditions. No other understanding,
agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in any
documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial
information and in no way binding upon City. All Exhibits to this Agreement are hereby
incorporated and made a part of this Agreement.
(17) Captions. The captions of the various sections, paragraphs and subparagraphs are for
convenience only and shall not be considered or referred to in resolving questions of interpretation.
(18) Governing Statutes and Law. This Agreement shall be governed and construed in
accordance with the statutes and laws of the State of California.
(19) Amendments. This Agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the day
and year first written above.
CITY OF SARATOGA, CALIFORNIA, a California municipal corporation
____________________________
JAMES LINDSAY
CITY MANAGER
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Page 7 of 12
Address:
13777 Fruitvale Avenue
Saratoga, CA 95070
Telephone: (408) 868-1222
Fax Number: (408) 868-8555
ATTEST:
____________________________
Britt Avrit
CITY CLERK
Approved as to Form:
_____________________________
RICHARD TAYLOR
CITY ATTORNEY
OWNER [Notarized Signature(s) Required]
By: _____________________________
Name:
Title: Property Owner
Local Address:
Exhibit List
Exhibit A – Legal Description of Historic Property
Exhibit B – City Council Resolution Approving Agreement
Exhibit C – Baseline Conditions of Historic Property
Exhibit D – Restoration Plan
Exhibit A
The Historic Property that is the subject of this Agreement is the real property described below
including all structures and improvements thereon:
173
APN:
Property commonly known as:
174
Exhibit B
RESOLUTION NO.
APPROVING MILLS ACT CONTRACT
[Begins on following page.]
175
Exhibit C
BASELINE CONDITIONS
1. NAME OF HISTORIC LANDMARK:
2. ADDRESS:
3. ASSESSOR’S PARCEL NUMBER:
COMPLETE LEGAL DESCRIPTION:
The land referred to herein below is situated in the City of Saratoga, County of Santa Clara, State
of California and is described as follows:
APN:
Property commonly known as:
4. RANGE OF ADDRESSES:
5. PRESENT OWNERS:
6. OWNERSHIP:
7. PRESENT AND ORIGINAL USE:
8. ARCHITECTURAL STYLE:
9. PRESENT PHYSICAL DESCRIPTION:
10. CONSTRUCTION DATE:
11. ARCHITECT, DESIGNER, OR ENGINEER:
12. CONTRACTOR/BUILDER:
13. PHOTOGRAPHS:
14. CONDITION: Excellent with its age. Estimated maintenance and preservation costs are
$XXX over the course of ten years.
15. ALTERATIONS:
176
16. THREATS TO THE SITE:
17. STATEMENT OF SIGNIFICANCE:
18. SOURCES:
19. PREPARER: City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070
177
Exhibit D
RESTORATION PLAN
178
CITY OF SARATOGA
Memorandum
To: Mayor Fitzsimmons & Members of the Saratoga City Council
From: Britt Avrit, City Clerk
Meeting Date: May 3, 2023
Subject: Written Communications, Item 2.5
Following publication of the agenda packet for the May 3, 2023 City Council Meeting, written
communications were submitted for Item 2.5. The communications are attached to this memo.
179
From:Kookie Fitzsimmons
To:Bill Dalton; Belal Aftab; Chuck Page; Tina Walia; Yan Zhao
Cc:Crystal Bothelio; James Lindsay; Britt Avrit
Subject:Re: Saratoga Mill Act properties -- take look
Date:Tuesday, May 2, 2023 11:16:04 PM
Dear Bill,
Thank you for your comments. Your email will be included as part of the written record on the Mills
Act item on our agenda for tomorrow night. As always, you’re welcome to join us in person or by
Zoom to share your thoughts on this agenda item as well. Details about the meeting are available on
the agenda at www.saratoga.ca.us/agenda.
Sincerely,
Kookie Fitzsimmons, Mayor
City of Saratoga
From: Bill Dalton <>
Sent: Monday, May 1, 2023 11:31 AM
To: Belal Aftab <baftab@saratoga.ca.us>; Chuck Page <cpage@saratoga.ca.us>; Kookie Fitzsimmons
<kookie@saratoga.ca.us>; Tina Walia <twalia@saratoga.ca.us>; Yan Zhao <yzhao@saratoga.ca.us>
Cc: Bill Dalton
Subject: Saratoga Mill Act properties -- take look
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Mayor Fitzsimmons and Council Members,
Please go to https://www.zillow.com/ and https://www.google.com/maps before the
council meeting this Wednesday for each of the current 16 and soon to be 17th
property with a Mills Act contract.
On the Zillow site you can in may case see pictures of both inside and outside the
home (some are gorgeous) as well as a current price estimate. .
On the Google map you can see exactly where the property is located and more
importantly HOW VIIBLE THE HOME IS FROM THE STREET.
Here is a list of addresses so you can copy and paste in your browser.
11995 Walbrook Drive
14288 Chester Avenue
14051 Saratoga Sunnyvale Road
13855 Saratoga Avenue
14683 Oak Street
20330 Saratoga Los Gatos Road
19161 Cox Avenue
14065 Saratoga Avenue
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15095 Fruitvale Avenue
14475 Oak Place
20331 Orchard Road
15320 Peach Hill Road
9277 Shubert Drive
19174 DeHavilland Drive
20280 Saratoga Los Gatos Road
14666 Oak Street
the 17th
14275 Saratoga Ave
Thank you,
Bill Dalton
181
From:Bill Dalton
To:Belal Aftab; Chuck Page; Kookie Fitzsimmons; Tina Walia; Yan Zhao
Cc:James Lindsay; Britt Avrit; Bill Dalton
Subject:Item 2.5 May 3, 2023 Council meeting -- Mills Act Agreements
Date:Tuesday, May 2, 2023 3:59:50 PM
Attachments:Mills Act Properties.xls.pdf
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Mayor and Council Member,
Objectives
Chapter 13 - "Heritage Preservation" of the Saratoga City Code states and I quote
"It is hereby declared as a matter of public policy that the recognition,
preservation, enhancement and use of heritage resources within the City is
required in the interest of the health, economic prosperity, cultural
enrichment and general welfare of the people."
How well does Saratoga's participaton in the Mills Act program measure up when
judged on the objectives in Saratoga City Code?
Health -- given these homes are full of lead based paint and possibly asbestos
to some degree. My grade F.
Economic Prosperity -- does anyone think one tourist will visit Saratoga to
view these homes? None are "Rhine Valley Castles" or rival the Gilded Age
mansions in Newport, Rhode Island. One home is not viewable at all from the
street. Only 8 are on well travelled streets or roads. Of the 8 only the Cox
Avenue property is easily viewed. The rest are on lightly traveled streets and/or
partially viewable. My grade F.
Cultural Enrichment -- I am not aware of any house tours or educational
events in these homes. My grade F.
General Welfare - none. I can't imagine most tax payers driving by one of
these homes and thinking "I so happy the Council gave them a tax break of
thousands". My grade F.
On a 1-10 I give the program a 1.
Who presently benefits?
The folks who want these homes preserved are happy.
The owner who gets a tax break forever! "A tax break for the wealthy, let's be
honest" as one council member in 2003 commented. Even someone who can
purchase a home for $5 million likes a $55 thousand tax break each year.
At what cost
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Staff time -- I have no estimate
Here are some of the major "losers" and estimated amounts 21,546.63 Saratoga 37,821.60 Fire Protection Districts 7,765.82 Santa Clara County Library206,537.08 School Districts 55,161.58 Other328,817.08 Total
Next Steps
Given the program as currently structured fails to meet the stated objectives in
chapter 13 of the city code.
Table the current discussion regarding modifications to the standard
contract
At a future council meeting revisit the decision to participate in the Mills
Act program. Either end it or figure out how to make it more than just a
tax break for a few property owners.
If my first suggestion is rejected,
I suggest the following modifications to the standard agreement:
Require a fee to administer the contract. It might be a one time fee or an
annual fee. This is discussed in CA Code 50281.1.
Require the property be fully visible from the street even if it requires
removing hedges or walls.
Property owner must allow the HPC and Heritage Foundation to host
some open house tours during the course of the agreement -- I am
thinking somewhere between every 2 to 5 years. These would be used as
fund raisers to support the work of the Heritage Foundation and HPC.
Notice of non-renewal for all new Mills Act agreements be served within the first
6 months of the contract thereby limiting the agreement to 10 years. Presently
the contracts run until not renewed; the property on Walbrook has already been
in effect for 18 years and will be for at least another 9 years. Include this in the
contract if allowed.
At a future council meeting issue notice of non-renewal for all the current
agreements.
I thank you for your time and service to Saratoga,
Bill Dalton
Some additional data
March 5, 2003 Council Meeting
Item 4 of the March 5, 2003 council meeting recommended action: "Adopt resolution
establishing the City's participation in the Mills Act Property Tax Abatement Program"
183
I viewed the council discussion on this item. These are the points that stand out to
me:
Ann Waltonsmith recused herself
Tax reduction for restoration and continued maintenance (25 to 65 percent
reduction)
Tax reduction may impact schools and other agencies
Staff recommended limit of 5 per year (reduced to 3) to limit loss of tax revenue
and staff time
concern about staff time to monitor contracts
some cities add requirement for tours and educational things for school children
HPC rep (?) emphasized education of children
Amount of tax reduction determined by Tax Accessor when contract is recorded
"a tax break for the wealthy, let's be honest"
limit to properties which really need an incentive to save
revenue and staff time mentioned more than once
enforcement to be by staff (not HPC or other citizens)
The discussion starts at 41:30 of the video and is about 16 minutes long.
I found it interesting that in 2003 the council was already complaining about loss of
land use control to Sacramento.
Mills Act Contract
A Mills Act contract is for 10 years or more
The contract automatically renews each year on the anniversary date
The assessed value of a property under a Mills Act contract is determined
based on it being a rental property and typically resulting in a 50-75% reduction.
City may terminate the contract for failure to perform
penalty is 12.5% of current fair market value
City may serve Owner with notice of nonrenewal at least 60 days prior to the
annual renewal date
Owner may serve the City with notice on nonrenewal at least 90 days prior the
annual renewal date
A contract which is not being renewed remains in effect for the remaining term
of the contract
Contract is binding on future owners
Contract to include provision for "periodic examinations of the interior and
exterior of the premises" 50281(2)
"The legislative body entering into a contract described in this article may
require that the property owner, as a condition to entering into the contract, pay
a fee not to exceed the reasonable cost of administering this program." 50281.1
Property Taxes
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A property tax bill has two components:
1% of the assessed value of the property
Special assessments which are not based on assessed value
When a property is under a Mills Act contract, the assessed value is reduced. The
special assessments do no change as a result of the property being under a Mills Act
contract.
Here is a list of Government Entities funded from the 1% of the assessed
value portion of the tax bill for ONE of the properties currently under a Mills Act
contract;
Education Revenue Augmentation Funds
Santa Clara Valley Water District
Saratoga Fire Protection District
County School Service
Los Gatos-Saratoga High
Saratoga Union Elementary
Santa Clara County Library
Midpeninsula Regional Open Space District
Santa Clara County Importation Water-Misc District
Saratoga Cemetery District
Saratoga
Bay Area Air Quality Management District
Santa Clara County
West Valley-Mission Community College
Santa Clara Valley Water District North Central Zone
Santa Clara Valley Water District West Zone 4
So yes school funding is impacted by Mills Act contracts.
All properties are reassessed each Jan 1st to determine the tax for the coming fiscal
year.
For a property with a Mills Act agreement this is done by recalculating its value as a
rental property. The primary year to year change results from changes in interest
rates.
A property with a Mills Act agreement gets a reduced tax forever!
Attached PDF is printout of Excel file used to calculate estimates.
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Who Loses
Government Entity Revenue Loss
Saratoga $21,546.63
Central Fire Protection District $13,752.30
Saratoga Fire Protection District $24,064.30
Santa Clara County Library $7,755.82
Campbell Union High $3,316.32
Moreland Elementary $5,422.58
Los Gatos-Saratoga High $58,058.71
Saratoga Union Elementary $72,488.18
West Valley-Mission Community College $25,895.50
County School Service $10,398.07
Education Revenue Augmentation Funds $30,957.72
Total School Imact $206,537.08
Midpeninsula Regional Open Space District
Santa Clara County Importation Water-Misc District
Saratoga Cemetery District
Bay Area Air Quality Management District
Santa Clara County
Santa Clara Valley Water District
Santa Clara Valley Water District North Central Zone
Santa Clara Valley Water District West Zone 4
Total Other Impact $55,161.58
Total Impact $328,817.71
Mills Act Properties.xls Who Loses Page 1 of 5
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First Year Tax Savings
APN
Address
Owner at time of Mills Contract
Most recent sale date & price
Cuncil
Meeting
date
Current
Assessed
Value
First Year
Savings
Percent
reduction
FY 2023
Taxes
378-25-021 11995 Walbrook Drive 12/15/04 $601,700 $8,603.26
$2,650,000 on May 20, 2019
397-13-066 14288 Chester Avenue 11/02/05 $1,229,500 *** DATA NO AVAILABLE ON WEBSITE ***$15,357.90
$5,606,250 on Jun 30, 2021
503-22-075 14051 Saratoga Sunnyvale Road 10/19/05 $755,600 $9,804.58
$730,500 on Aug 6, 1993
393-45-017 13855 Saratoga Avenue 09/05/07 $643,200 $8,487.30
$2,100,000 on Jul 28, 2017
517-08-017 14683 Oak Street 04/20/11 $523,700 FY 2012 $18,181.40 FY 2013 $4,177.66 $14,003.74 77.02% $7,088.02
$1,325,000 on Aug 21, 2001
517-11-003 20330 Saratoga Los Gatos Road 12/07/11 $1,017,800 FY 2012 $34,736.94 FY 2013 $13,093.18 $21,643.76 62.31% $12,876.76
$3,745,000 on Apr 15, 2008
386-47-039 19161 Cox Avenue 09/19/12 $533,700 FY 2013 $12,393.64 FY 2014 $5,879.18 $6,514.46 52.56% $7,282.14
$962,000 on Jun 3, 2009
Cox Ave lot split 09/17/08
12788 Brookglen Court
$1,164,000 on Oct 2, 2008 $1,334,834 $15,828.78
397-25-099 14065 Saratoga Avenue 10/16/13 $698,600 FY 2014 $11,475.90 FY 2015 $3,202.72 $8,273.18 72.09% $9,136.16
$900,000 on Sep 20, 2010
397-19-010 15095 Fruitvale Avenue 09/17/14 $1,448,200 FY 2015 $67,037.26 FY 2016 $11,779.66 $55,257.60 82.43% $18,234.92
$5,500,000 on Nov 29, 2011
Taxes Before Contract Taxes After Contract
Mills Act Properties.xls First Year Tax Savings Page 2 of 5
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First Year Tax Savings
APN
Address
Owner at time of Mills Contract
Most recent sale date & price
Cuncil
Meeting
date
Current
Assessed
Value
First Year
Savings
Percent
reduction
FY 2023
TaxesTaxes Before Contract Taxes After Contract
397-22-053 14475 Oak Place 11/06/19 $725,300 FY 2020 $38,549.18 FY 2021 $9,711.76 $28,837.42 74.81% $9,449.06
$3,650,000 on Apr 2, 2019
397-23-005 20331 Orchard Road 08/21/19 $1,010,300 FY 2020 $32,327.42 FY 2021 $10,582.88 $21,744.54 67.26% $12,786.80
$2,700,000 on Oct 24, 2018
517-22-130 15320 Peach Hill Road 07/01/20 $913,100 FY 2021 $48,529.82 FY 2022 $10,387.74 $38,142.08 78.60% $10,963.48
$4,150,000 on Nov 22, 2019
389-04-007 19277 Shubert Drive 12/02/20 $716,600 FY 2022 $19,002.38 FY 2023 $9,408.94 $9,593.44 50.49% $9,408.94
$1,180,000 on Oct 7, 2005
389-05-016 19174 DeHavilland Drive 12/15/21 $2,807,529 FY 2023 $33,728.48 $33,728.48
$2,625,000 on May 30, 2018
517-11-005 20280 Saratoga Los Gatos Road 04/07/21 $787,332 FY 2023 $10,177.56 *** NEED FY 23/24 TAXES ***$10,177.56
$3,425,400 on Jan 28, 2021
517-08-047 14666 Oak Street 07/06/22 $2,046,483 FY 2023 $24,922.56 $24,922.56
$1,810,000 on Jul 11, 2017
397-31-001 14275 Saratoga Ave pending $2,544,900 FY 2023 $31,191.90 $31,191.90
$2,500,000 on 05/11/21 Average Average
Savings Reduction
$22,667.80 68.62%
Mills Act Properties.xls First Year Tax Savings Page 3 of 5
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Estimated Tax Savings
APN
Address
Owner at time of Mills Contract
Most recent sale date & price
Sale
price
2% Annual
increase
multiplier
Special
Assessment
Estimated
Tax
FY 2023
Taxes
Estimated
Tax
Savings
Saratoga
rate
Estimated
Saratoga
loss
378-25-021 11995 Walbrook Drive $2,650,000 1.0612 $1,130.84 $29,252.85 $8,603.26 $20,649.59 0.0572 $1,181.16
$2,650,000 on May 20, 2019
397-13-066 14288 Chester Avenue $5,606,250 1.0200 $957.78 $58,141.53 $15,357.90 $42,783.63 0.0595 $2,545.63
$5,606,250 on Jun 30, 2021
503-22-075 14051 Saratoga Sunnyvale Road $730,500 1.7758 $955.08 $13,927.63 $9,804.58 $4,123.05 0.0746 $307.58
$730,500 on Aug 6, 1993
393-45-017 13855 Saratoga Avenue $2,100,000 1.1041 $954.20 $24,139.90 $8,487.30 $15,652.60 0.0595 $931.33
$2,100,000 on Jul 28, 2017
517-08-017 14683 Oak Street $1,325,000 1.5157 $954.52 $21,037.10 $7,088.02 $13,949.08 0.0746 $1,040.60
$1,325,000 on Aug 21, 2001
517-11-003 20330 Saratoga Los Gatos Road $3,745,000 1.3195 $956.38 $50,370.86 $12,876.76 $37,494.10 0.0746 $2,797.06
$3,745,000 on Apr 15, 2008
386-47-039 19161 Cox Avenue $962,000 1.2936 $1,074.44 $13,518.94 $7,282.14 $6,236.80 0.0746 $465.26
$962,000 on Jun 3, 2009
397-25-099 14065 Saratoga Avenue $900,000 1.2682 $953.94 $12,368.12 $9,136.16 $3,231.96 0.0595 $192.30
$900,000 on Sep 20, 2010
397-19-010 15095 Fruitvale Avenue $5,500,000 1.2434 $1,390.68 $69,776.27 $18,234.92 $51,541.35 0.0578 $2,979.09
$5,500,000 on Nov 29, 2011
Mills Act Properties.xls Estimated Tax Savings Page 4 of 5
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Estimated Tax Savings
APN
Address
Owner at time of Mills Contract
Most recent sale date & price
Sale
price
2% Annual
increase
multiplier
Special
Assessment
Estimated
Tax
FY 2023
Taxes
Estimated
Tax
Savings
Saratoga
rate
Estimated
Saratoga
loss
397-22-053 14475 Oak Place $3,650,000 1.0612 $954.12 $39,688.21 $9,449.06 $30,239.15 0.0746 $2,255.84
$3,650,000 on Apr 2, 2019
397-23-005 20331 Orchard Road $2,700,000 1.0824 $953.94 $30,179.61 $12,786.80 $17,392.81 0.0746 $1,297.50
$2,700,000 on Oct 24, 2018
517-22-130 15320 Peach Hill Road $4,150,000 1.0612 $269.02 $44,309.15 $10,963.48 $33,345.67 0.0595 $1,984.07
$4,150,000 on Nov 22, 2019
389-04-007 19277 Shubert Drive $1,180,000 1.4002 $1,073.94 $17,596.79 $9,408.94 $8,187.85 0.0578 $473.26
$1,180,000 on Oct 7, 2005
389-05-016 19174 DeHavilland Drive $2,625,000 1.0824 $1,073.90 $29,487.74 $19,497.58 $11,054.21 0.0578 $638.93
$2,625,000 on May 30, 2018
517-11-005 20280 Saratoga Los Gatos Road $3,425,400 1.0200 $956.08 $35,895.16 $23,975.20 $13,811.47 0.0746 $1,030.34
$3,425,400 on Jan 28, 2021
517-08-047 14666 Oak Street $1,810,000 1.3459 $953.94 $25,314.16 $16,715.98 $9,457.22 0.0746 $705.51
$1,810,000 on Jul 11, 2017
397-31-001 14275 Saratoga Ave $2,500,000 1.0200 $1,386.12 $26,886.12 $17,498.10 $9,667.19 0.0746 $721.17
$2,500,000 on 05/11/21
Estimated Totals $328,817.71 $21,546.63
Mills Act Properties.xls Estimated Tax Savings Page 5 of 5
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SARATOGA CITY COUNCIL
MEETING DATE: May 3, 2023
DEPARTMENT: City Manager’s Department
PREPARED BY: Lauren Blom, Public Information Officer
SUBJECT: Emergency Communications
RECOMMENDED ACTION:
Receive report and provide direction on communications practices.
BACKGROUND:
At the City Council meeting on April 5, 2023, Council Members Aftab and Page requested
discussion of the City’s policy regarding communications with residents broadly and in emergency
settings.
The City of Saratoga utilizes various platforms to connect with residents. Through these channels,
the City can inform community members of initiatives; invite residents to attend meetings and
events; solicit community members’ input; and organize residents in case of an emergency.
Regularly and proactively communicating and interacting with residents builds trust and sets
expectations for both standard and emergency communications.
Alert Systems
The City has access to various emergency alert tools. These include: Alert Santa Clara County
(AlertSCC), the Integrated Public Alert and Warning System (IPAWS), and the City’s CivicPlus
AlertCenter.
The AlertSCC system can be used to send emergency alerts to listings from 9-1-1, White and
Yellow Pages, and subscribers who have opted in. AlertSCC messages can be received via text,
email, and voicemail. Subscribers can identify their home, work, and school to receive alerts for
emergencies near frequently visited locations. In addition to using AlertSCC to communicate
emergency information to the public, AlertSCC is expected to be used when activating Saratoga’s
Disaster Service Workers.
IPAWS is an emergency communications tool used to disseminate alerts, notifications, public
health, and safety messages to a specified geographic area via multiple communications channels.
The Santa Clara County Office of Emergency Management has a federally issued credential to
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access IPAWS through the AlertSCC system and has delegated the authority to each city and
public safety agency in the County to send alerts and notifications using IPAWS. IPAWS can
deliver alerts and notifications simultaneously across communication channels including the
following:
• Emergency Alert System (EAS): A national public warning system that local officials can
use to deliver emergency information to the public via local broadcast media, including
radio and television.
• Wireless Emergency Alerts (WEA): A system managed by the Federal Communications
Commission (FCC) that distributes geographically targeted emergency alerts to cell phones
across wireless networks. The WEA system is only used for imminent, life safety events.
It does not require people to opt into any system or register their location and covers a
broad geographic region.
The State of California has also issued specific guidelines for composition of alert and warning
messages sent through IPAWS.
Notably, the City has access to the various platforms but in most instances would only be the lead
notifying agency when using the CivicPlus AlertCenter. In most instances, alerts would be sent by
the Santa Clara County agencies, including the Sheriff’s Office, County Fire, Office of Emergency
Management, or County Communications. The City would be unlikely to trigger this system
without first consulting County partners.
The CivicPlus AlertCenter allows the City to send notifications by email or text to subscribers.
The public can subscribe to alerts through the City’s website and there are currently 674
subscribers. Though sparingly, the City has used the CivicPlus Alert Center tool to distribute
emergency notifications. The City used the tool to inform residents of the Shelter at Home Order
due to the Coronavirus pandemic and sent alerts related to public safety and wildfire evacuations
during the CZU Lightning Complex Fire. While not officially required, the City has a practice of
using this tool in a manner similar to AlertSCC, only utilizing the system for imminent, life safety
events.
Website Features
In addition to CivicPlus Alert Center notifications, residents can sign up for other subscription
options on the City website, such as the Saratoga Source or notifications when the City Council
meeting agendas are posted.
The Saratoga Source is a weekly e-newsletter distributed by the City that residents opt in to receive.
The newsletter typically lists a series of articles with a short description and a link to get more
information. The City also produces the Neighborhood Watch Newsletter, which is distributed
monthly. There are a variety of other subscription lists for projects and items of interest, such as
the Housing Element Update, Quito Village Development Project, and Weekly Sheriff’s Office
Reports. The City has a history of only using these email databases to communicate about the
specific topic residents signed up for and to send notifications on the established distribution
schedule subscribers agreed to. Exceptions have been made for imminent, life safety events.
The City has used a variety of strategies to grow its subscriber lists. This includes regular outreach
and reminders to encourage the public to subscribe to City newsletter and notification lists, inviting
the community to subscribe to newsletters while tabling at community events, and including an
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opt in option as part of website comment forms and applications. The City has seen limited success
with tabling at events and the greatest growth in subscriber lists through the opt in option on
website comment forms and applications. In total, the City currently has 8,436 email subscriptions
compared to 998 in 2015.
Subscriber List 2022 Subscribers 2023 Subscribers
2040 General Plan Update 263 290
City Newsletters (Saratoga Source) 4,452 4,728
House Family Vineyards 107 126
Housing Element Update 962 985
Palm Villas 85 94
Quito Village Development Project 372 391
Safe Routes to School 43 67
Saratoga CERT 137 154
Saratoga Neighborhood Watch 814 850
Saratoga Retirement Community 149 164
Weekly Sheriff’s Office Reports 556 587
Through CivicPlus, the City can also post emergency alert banners on the City website. These
banners appear at the top of the page, and the City can select whether to show the banner on only
the homepage or every page of the City website. The City has used this tool more frequently, as
was seen during the recent storms. These banners allowed relevant information to be displayed
prominently, such as how to report power outages and find estimated time of restoration.
Additional Tools
Social media is an integral part of any communications plan for municipalities today as this is
often the first place visited by the public for updates on emergency situations. The City regularly
shares information using Nextdoor, Facebook, Twitter, and Instagram. When residents regularly
see content from the City on these platforms, they are more likely to look for information from the
City in these locations during an emergency situation. During emergency events, such as the recent
storms, the City repeatedly posts updates and safety information on these platforms. A total of 26
storm-related messages were shared by the City during the March storms.
Like the City’s email subscriber lists, the City regularly encourages the public to connect with the
City through social media. The Communications Platforms Review included a comparison of
Saratoga’s social media following from 2015 to 2022. The table below demonstrates that the City’s
social media presence has grown substantially since 2015. The number of users on Nextdoor
increased 692%, on Facebook by 392%, and on Twitter by 1,870%. While the City has successfully
increased reach since 2015, growth has slowed, specifically on Facebook and Twitter, in recent
years. Organic reach has decreased on many social media platforms due to changes in algorithms
and the prioritization of ads and posts that have paid to promote. The City has a significant
following on Nextdoor, particularly compared with similarly sized jurisdictions. Since the
assessment was completed, the City’s following has continued to grow across platforms, most
notably on Nextdoor where the City now has 17,387 members and 9,319 claimed households.
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Social Media Platform 2015 Users 2022 Users
Nextdoor 2,394 16,583
Facebook 653 2,600
Twitter 85 1,720
Instagram N/A 1,611
As noted earlier, the County is often the lead agency in response to an emergency with public
messaging and information being prepared and disseminated by a department within the County.
In these situations, the City is careful to amplify information provided by the lead agency to avoid
misinformation or confusion. For example, during the pandemic, the City shared and reposted
content prepared by the County Public Health Department. During a disaster the City of Saratoga
is not exclusively managing, the Public Information Officer works with the Joint Information
Center comprised of countywide communicators and emergency notifiers. This structure ensures
the City’s messaging is aligned with the lead agency.
The City also has a radio station, 1610 AM, which is a Travelers Information Station or Emergency
Advisory Radio Station. The AM radio station is also subject to FCC rules and regulations. The
City must broadcast the call sign and frequency every 30 minutes. The City may broadcast
emergency and preparedness information, traffic updates, road conditions, weather reports and
forecasts, parking and road closures, hazard information, locations and directions to services, and
information about local area features. The City cannot broadcast commercial content or music.
Currently, content for the radio station is not regularly updated because other efforts have been a
higher priority and reach a greater audience. While the station will likely not have regular listeners,
it can be beneficial when internet or cell service are not available.
As a result of large call volume to City Hall during the recent storms, the City implemented a
storm-specific recorded greeting and phone tree to assist residents and help manage staff resources.
This service was helpful for residents who needed to be connected to services, but anecdotally, the
majority of callers were not in need of services. Many residents were already aware of how to
report power outages and find the estimated time of restoration, the bulk of callers were reaching
out to the City were in an effort to expedite the power restoration timeline received from PG&E.
During times without power and internet access, print materials also become an invaluable
resource. The City is in the process of updating print materials to distribute to residents that include
emergency contact information and resources. The City can also create median banners with a
variety of emergency information that can be displayed when necessary.
Communication strategies that don’t require residents to take the next step to subscribe or take
action to learn more have proven effective. To that end, the City has integrated median banners
and postcards mailed directly to residents into its regular, non-emergency communications
program. For example, the City has used the median banners in the past to promote emergency
preparedness, AlertSCC, and other public safety information. The City also recently sent a public
safety postcard to residents in April. These forms of communication are especially effective when
paired with messaging that is attention grabbing and reinforced through other forms of
communication in a unique fashion, such as tailoring messaging to suit expectations of Facebook
followers or topic specific newsletter subscribers.
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While all of the communication tools discussed are effective in different ways, one of the most
reliable methods will always be word of mouth, especially from trusted sources. The City Council
and Commission Members can assist City efforts by serving as communication ambassadors and
promoting City events, programs, and efforts, along with ways to connect with the City, to their
friends, neighbors, and fellow residents.
Communications Platforms Review
At the October 19, 2022 City Council meeting, the City Council received a report on the
Communications Platforms Review conducted by Tripepi Smith, which included
recommendations to help Saratoga enhance its communications efforts and optimize platforms to
further engage its audience. The Council then provided direction on how to prioritize
implementation of these recommendations.
The Council directed staff to prioritize the website redesign and provided input on the homepage
layout and specific features to implement. The redesign process has been ongoing and will launch
in late summer/early fall. The Council will receive a preview of the redesign this summer before
the launch. As part of the website redesign process, staff is also continuing to update the City’s
stock photo library, which was another recommendation.
Following the website redesign, Council directed staff to prioritize creating and updating a number
of communications policies. A Media Policy will be created to outline how the City Council,
Commissioners, and staff interact with the media. The Social Media Policy, Website Policy, and
Accessibility Policy will also be reviewed and updated. These new and updated policies will
complement the existing policy for promotion of events.
Saratoga also has a Crisis Communication Plan that was developed in 2015. Recently, the Santa
Clara County Office of Emergency Management released their updated Crisis Communications
Annex. Using that as a resource, staff will now update Saratoga’s Crisis Communication Plan to
incorporate County updates, Communications Platforms Review recommendations, and changes
in City resources and first-hand experience gained in recent years.
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SARATOGA CITY COUNCIL
COUNCIL ASSIGNMENTS
Mayor Kookie Fitzsimmons
Cities Association of Santa Clara County-City Selection Committee
Council Finance Committee
Hakone Foundation Executive Board
Saratoga Area Senior Coordinating Council Board of Directors
West Valley Mayors & Managers Association
Vice Mayor Yan Zhao
Cities Association of Santa Clara County-Legislative Action Committee
Saratoga Ministerial Association
Silicon Valley Regional Interoperability Authority Alternate
Council Member Belal Aftab
Association of Bay Area Governments
Hakone Foundation Board of Trustees
Santa Clara County Housing and Community Development (HCD) Advisory Committee
Saratoga Historical Foundation Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
Council Member Chuck Page
Council Finance Committee
Santa Clara Valley Water Commission
Saratoga Chamber of Commerce Board
West Valley Clean Water Program Authority Board of Directors
West Valley Sanitation District Board of Directors
West Valley Solid Waste Management Authority Board of Directors
Council Member Tina Walia
Cities Association of Santa Clara County Board of Directors
KSAR Community Access TV Board
Santa Clara County Library District Board of Directors
Saratoga Sister City Committee Liaison
Silicon Valley Clean Energy Authority Board of Directors
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