The URL can be used to link to this page

Home My WebLink About10-18-2023 City Council Agenda Packet, updated 10-18-2023Saratoga City Council Agenda October 18, 2023 – Page 1 of 6 SARATOGA CITY COUNCIL REGULAR MEETING OCTOBER 18, 2023 AMENDED AGENDA • 10/17/2023 ITEM 2.1 REVISED STAFF REPORT AND ATTACHMENT ADDED • 10/18/2023 YOUTH COMMISSION PRESENTATION SLIDES ADDED • 10/18/2023 JOINT SESSION-SENATOR CORTESE AND ASSEMBLYMEMBER BERMAN WRITTEN COMMUNICATIONS ADDED • 10/18/2023 ITEM 1.3 REVISED STAFF REPORT AND ATTACHMENTS ADDED • 10/18/2023 ITEM 2.1 REVISED STAFF REPORT AND ATTACHMENT ADDED • 10/18/2023 ITEM 3.1 PRESENTATION SLIDES ADDED • 10/18/2023 ITEM 3.2 PRESENTATION SLIDES ADDED • 10/18/2023 ITEM 3.3 WRITTEN COMMUNICATIONS ADDED • 10/18/2023 ITEM 3.5 WRITTEN COMMUNICATIONS ADDED Public Participation Information In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the public may participate in these meetings in person at the locations listed below or via remote attendance (if applicable) using the Zoom information below. In the event remote participation technology is unexpectedly unavailable, the meeting will proceed in person without remote participation. Members of the public can view and participate in the 5:00 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 • 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 • Call In: 1.408.638.0968 or 1.669.900.6833 Saratoga City Council Agenda October 18, 2023 – Page 2 of 6 Members of the public can view and participate in the 7:00 p.m. Regular Session by: 1. Attending the meeting in person at Saratoga 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. 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. Oral Communications on Non-Agendized Items will take place at the beginning of the meeting for those attending in person. Oral Communications on Non-Agendized Items will take place at the end of the meeting for those attending via telephone and Zoom. Public Comment for agendized items will begin with speakers attending in-person followed by those attending via Zoom. Please ensure your comments pertain to the agenda item. Individuals providing comments not relevant to the agenda item will be asked to stay on topic or they will be muted. 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 JOINT SESSION City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 Joint Session with Youth Commission Recommended Action: Receive updates from the Youth Commission Saratoga Youth Commission Presentation 6:00 PM JOINT SESSION City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 Joint Session with Senator Cortese and Assemblymember Berman Recommended Action: Receive updates from Senator Cortese and Assemblymember Berman Joint Session Written Communications Saratoga City Council Agenda October 18, 2023 – Page 3 of 6 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 October 12, 2023. REPORT FROM JOINT SESSION 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 Commendation for Victoria Zhang Recommended Action: Commend Victoria Zhang for her service on the Saratoga Library & Community Engagement Commission. Staff Report Attachment A - Commendation for Victoria Zhang Commendation for James Cai Recommended Action: Commend James Cai for his service on the Saratoga Public Art Commission. Staff Report Attachment A - Commendation for James Cai Commendation for Renee Paquier Recommended Action: Commend Renee Paquier for her service on the Saratoga Parks & Recreation Commission. Staff Report Attachment A - Commendation for Renee Paquier SPECIAL PRESENTATION Special Presentation of Student Art from Duan Art Studio Recommended Action: Receive presentation of student art from Duan Art Studio. Staff Report Attachment A – Certificates of Appreciation Saratoga City Council Agenda October 18, 2023 – Page 4 of 6 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 October 4, 2023, City Council Regular Meeting. Staff Report Attachment A - Minutes for the October 4, 2023 City Council Regular Meeting 1.2. Review and Accept Accounts Payable Check Registers Recommended Action: Review and accept the 09/28/2023 and 10/05/2023 accounts payable vendor payment check registers. Staff Report Attachment A - Check Register Reports 09-28-2023 Attachment B - Check Register Reports 10-05-2023 1.3. Update to the Bail Schedule Recommended Action: Adopt the Resolution approving an updated bail schedule setting bail amounts for violations of Municipal Code provisions adopted or amended since the last update in 2016. Staff Report (Updated 10-18-2023) Attachment A - Resolution (Revised) 10-18-2023) Attachment B – Exhibit A Changes to Bail Schedule (Revised 10-18-2023) 1.4. Final Map Approval for Two Lots Located at 14805 Fruitvale Avenue Recommended Action: Adopt the Resolution granting final map approval of parcel map application No. ULS22- 0002 for two lots located at 14805 Fruitvale Avenue (APN: 397 18 027). Staff Report Attachment A - Resolution Granting Final Map Approval Attachment B - Site Map Attachment C - Parcel Map 1.5. Amended Lease Agreement with Los Gatos-Saratoga Community Education and Recreation Recommended Action: Approve the Amended Lease Agreement with Los Gatos-Saratoga Community Education and Recreation. Staff Report Attachment A - Redlined Amended Lease Agreement October 2023 Attachment B - Signed Amended Lease Agreement October 2023 Saratoga City Council Agenda October 18, 2023 – Page 5 of 6 2. PUBLIC HEARING 2.1. Resolution Amending the City’s Fee Schedule Effective January 3, 2024, and July 1, 2024 Recommended Action: Adopt a Resolution amending the City of Saratoga’s Fee Schedule effective January 3, 2024, and July 1, 2024. Staff Report (Updated 10-18-2023) Attachment A - Resolution Amending the City's Fee Schedule Effective January 3, 2024 and July 1, 2024 (Revised 10-18-2023) 3. GENERAL BUSINESS 3.1. Formation of Cities Association of Santa Clara County Joint Powers Agency Recommended Action: Authorize the City Manager to execute an agreement creating the Cities Association of Santa Clara County Joint Powers Agency subject to non-substantive changes approved by the City Manager and City Attorney. Staff Report Attachment A - CASCC Proposed JPA Attachment B - FY 23-24 Budget Attachment C - FY 23-24 Membership Dues CASCC Presentation 3.2. Automated License Plate Reader Pilot Review Recommended Action: Provide direction on Automated License Plate Reader pilot cameras. Staff Report Attachment A – Crime Data Attachment B – Summary of ALPR-Related Events Attachment C – Written Communications ALPR Pilot Review Presentation 3.3. Resolution Supporting Initiative Constitutional Amendment to Protect Local Land Use Control Recommended Action: Consider Resolution Supporting Initiative Constitutional Amendment to Protect Local Land Use Control. Staff Report Attachment A – Request for Circulating Title and Summary Attachment B – Attorney General of California Title and Summary Attachment C - Resolution Supplemental Memo - Written Communications (added 10-18-2023) Saratoga City Council Agenda October 18, 2023 – Page 6 of 6 3.4. Consideration of Very High Fire Hazard Severity Zones in the Regional Housing Needs Allocation Process Recommended Action: Authorize the Mayor to sign a letter from the City Council to State Senator Dave Cortese and Assemblymember Marc Berman requesting legislation to account for Very High Fire Hazard Severity Zones in the Regional Housing Needs Allocation process. Staff Report Attachment A - Draft Letters Attachment B - Government Code Section 65584.04 3.5. Discussion of Maintenance of Residential Front Yard Landscaping Recommended Action: Staff recommends that the City Council review the information in this report and provide staff direction as needed. Staff Report Attachment A – Important Drought Dates and Actions Attachment B – City Code Excerpts 7-45.030 Attachment C – City Code excerpts – 15-12.095 Supplemental Memo - Written Communications (added 10-18-2023) COUNCIL ASSIGNMENTS Council Assignments CITY COUNCIL ITEMS COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Britt Avrit, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on October 12, 2023 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 12th day of October 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 Youth Commission Justin, Ovee, Lisa, Bryan, Maggie, Arjun, Sia, Julie, Sriya, Bianca, Hillary 6 Chair: Justin Chao (12) Vice Chair: Ovee Dharwadkar (9) Secretary: Lisa Jing (10) Treasurer: Bryan Zhao (10) Marketing Chair: Julie Chen (8) Government Liaison: Arjun Krishna (12) Commissioner: Maggie McCormick (10) Commissioner: Bianca Sutioso (11) Commissioner: Sriya Mukund (7) Commissioner: Hillary Gonzalez (11) Commissioner: Sia Chowdhri (9) Staff Liaisons: Ramona McGary, Leslie Arroyo Who We Are 7 Key Focuses Connection Unplugging after quarantine and building community by increasing social opportunities. Sub focus of collaboration and culture. Sustainability Emphasizing environmental education and striving for eco-friendly events 8 We serve as a liaison between young citizens of Saratoga and the City Council - we plan, promote, and participate in community service, creating educational and fun activities for the City's youth. -Saratoga Youth Commission 9 Color Dash ●Continuing from 4 years ago ●March/April ●Marathon with color ○Participants run 5 km ○Volunteers throw color powders at runners ●Encourages exercise, physical health, community involvement with a fun celebration with color! 10 SED Talks ●Continuing from last year ●December/February ●Similar to TED Talks ○2-3 events per year ○Keynotes speakers that have in depth experience on a specific topic ○Collaborate with the Saratoga Library Teen Advisory Board ○Previous topics: sustainability, advocacy through journalism 11 Sustainability Project (Agriculture) ●Created in junction with the City of Saratoga’s Public Works Department ●New project that we have been invited to help plan ●Intended to make use of the empty space along Fruitvale by the end of this year ●Designing the agriculture for this space ○Will focus on selecting the agriculture (plants, trees) for this space 12 Sustainability Project (Layout) ●Designing the layout of this space ○Will focus on where everything goes: benches, signs, pathways, trash cans, and more! ●Created in junction with the City of Saratoga’s Public Works Department ●New Project that we have been invited to help plan ●Intended to make use of the empty space along Fruitvale by the end of this year 13 Cultural Movie Night ●Movie at a park ●Cultural movie with cultural food! ○Coco? Moana? Encanto? ●Feb/March ●Food trucks of different cuisines + popcorn ●Fun time for families! 14 3v3 Basketball Tournament ●Continuing from last year ●April/May ●Encourage connection through a fun tournament ●Support sustainability by donating the raised funds ●Encouraging physical and mental health with exercise and a fun time with friends! 15 Witchy Walk -A -Bout ●Running a table at Witchy Walk-A-Bout ●October ●Cute halloween craft! ○ex. plate painting 16 ●Continuing from last year ●3 booths ○Candy cane christmas tree ○Gingerbread people ○Letters to Santa ●End of November ●Downtown Tree Lighting 17 Lunar New Year Festival ●Lantern making table ●Early 2024 (January-February) 18 ●Booth in Saratoga downtown ●March ●Painted nails, temporary tattoos, stencils, stickers Saint Paddy’s Day 19 Blossom Festival ●Running a table with origami ●April ●Fun, event-themed craft! 20 Thank you! 21 From:Bill Dalton To:Belal Aftab; Chuck Page; Kookie Fitzsimmons; Yan Zhao; Tina Walia Cc:James Lindsay; Britt Avrit; Bill Dalton Subject:Meeting with Berman and Cortese Date:Tuesday, October 17, 2023 2:28:48 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Members, As I will be traveling I will not attend in person but will via Zomm. I expect each of you to express our displeasure with the housing bills passed by Sacramento. They are nothing short of a war on single family housing. Thank you, Bill Dalton 22 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Janet Costa, Executive Assistant SUBJECT:Commendation for Victoria Zhang RECOMMENDED ACTION: Commend Victoria Zhang for her service on the Saratoga Library & Community Engagement Commission. BACKGROUND: Victoria Zhang was appointed to the City of Saratoga Library & Community Engagement Commission for a full term on June 3, 2020. Victoria has been a champion for the Commission’s efforts to celebrate Saratoga’s diversity, working with Saratoga Library and City staff to collect the stories of community members.Victoria is a dedicated and hardworking member of the community and her service and contributions are greatly appreciated by the City Council, Library & Community Engagement Commission, and City staff. ATTACHMENTS: Attachment A -Commendation for Victoria Zhang 23 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING VICTORIA ZHANG WHEREAS, Victoria Zhang was appointed to the City of Saratoga Library & Community Engagement Commission for a full term on June 3, 2020; and WHEREAS, during Victoria’s first meeting as a Commissioner, the Commission reviewed its scope and proposed a change that expanded the scope of the Commission to include community engagement. The City Council adopted the change in August 2020 and renamed the Commission; and WHEREAS, Victoria served as Vice Chair from October 2021 to September 2022; and WHEREAS, Victoria served as Chair from October 2022 to September 2023; and WHEREAS, in 2022, Victoria and the rest of the Commission proposed a complete reimagining of the Commission’s work efforts to align with the update in the Commission’s responsibilities and scope. This included reviewing Community Event Grant Program applications and preparing a funding recommendation for City Council consideration, Good Neighbor Day, celebrating Saratoga’s diversity, and promoting parent-student collaboration; and WHEREAS, Victoria has been a champion for the Commission’s efforts to celebrate Saratoga’s diversity, working with Saratoga Library and City staff to collect the stories of community members. In 2023, the community was invited to share their story through words, artwork, or photos. Entries were included as part of Saratoga Library’s 20th Anniversary display; and WHEREAS, it is apparent to all who have worked with Victoria that she is a dedicated and hardworking member of the community, and her service and contributions are greatly appreciated by the City Council, Library & Community Engagement Commission, and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby recognize Victoria Zhang for her service and dedication to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 18th day of October 2023. Kookie Fitzsimmons, Mayor City of Saratoga 24 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Janet Costa, Executive Assistant SUBJECT:Commendation for James Cai RECOMMENDED ACTION: Commend James Cai for his service on the Saratoga Public Art Commission. BACKGROUND: James Cai was appointed to the City of Saratoga Public Art Commission and was part of the inaugural group of Commissioners after the City Council established the Commission in June 2021. James is a dedicated and hardworking member of the community and his service and contributions are greatly appreciated by the City Council, Public Art Commission, and City staff. ATTACHMENTS: Attachment A -Commendation for James Cai 25 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING JAMES CAI WHEREAS, James Cai was appointed to the City of Saratoga Public Art Commission and was part of the inaugural group of Commissioners after the City Council established the Commission in June 2021; and WHEREAS,James and the other members of the Commission launched Saratoga Loves Poetry, a poetry contest for Saratoga students in grades kindergarten through twelve; and WHEREAS, during James’ term on the Commission, he and the other Commissioners also invited the community to participate in an Online Art Challenge submitting artwork from October to December based on monthly themes and culminating with the selection of monthly and grand prize winners during an online exhibit event; and WHEREAS,James, along with fellow Commissioner Ramya Vasu, led efforts for the continuation of Paint the City, including 3 utility box locations; and WHEREAS, the Commission also continued #SaratogaROCKS and encouraged the community to explore their artistic side by hosting rock painting booths at different Saratoga events, such as Movie Night and State of the City; and WHEREAS, James and the Public Art Commission explored the feasibility of a public art installation on the State Route 85 and Union Pacific Overpass, opportunities for collaboration with the Montalvo Arts Center, and a sculpture program; and WHEREAS,it is apparent to all who have worked with James that he is a dedicated and hardworking member of the community and his service and contributions are greatly appreciated by the City Council, Public Art Commission, and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby recognize James Cai for his service and dedication to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 18th day of October 2023. Kookie Fitzsimmons, Mayor City of Saratoga 26 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Janet Costa, Executive Assistant SUBJECT:Commendation for Renee Paquier RECOMMENDED ACTION: Commend Renee Paquier for her service on the Saratoga Parks & Recreation Commission. BACKGROUND: Renee Paquier was appointed to the City of Saratoga Parks & Recreation Commission for a partial term in 2011 and for two full terms starting October 1, 2012 and October 1, 2016.During Renee’s term as a Parks & Recreation Commissioner, she and the other Parks & Recreation Commissioners helped bring residents to City parks and trails and build awareness of the City’s recreational assets through Healthy City, Age-Friendly Communities, Movie Nights, Nesting Boxes, Daffodil Bulb Planting Project, Joe’s Trail, Let’s Walk Saratoga, and Let’s Work Volunteer program.Renee is a dedicated and hardworking member of the community,and her service and contributions are greatly appreciated by the City Council, Parks and Recreation Commission, and City staff. ATTACHMENTS: Attachment A -Commendation for Renee Paquier 27 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING RENEE PAQUIER WHEREAS, Renee Paquier was appointed to the City of Saratoga Parks & Recreation Commission for a partial term in 2011 and for two full terms starting October 1, 2012 and October 1, 2016; and WHEREAS, during Renee’s term as a Parks & Recreation Commissioner, she and the other Parks & Recreation Commissioners helped bring residents to City parks and trails and build awareness of the City’s recreational assets through Healthy City, Age-Friendly Communities, Movie Nights, Nesting Boxes, Daffodil Bulb Planting Project, Joe’s Trail, Let’s Walk Saratoga, and Let’s Work Volunteer program; and WHEREAS, Movie Nights started in 2011 with one outdoor movie. Renee was the co-lead in 2012-2013 to expand to three free outdoor movies every summer for the Saratoga community to enjoy and all the Commissioners were instrumental in reaching out to the community and receiving community donations; and WHEREAS, Renee and the Parks & Recreation Commission also worked with Saratoga’s Public Works Department on creating the Quarry Park Master Plan with a Grand Opening event on October 31, 2013, the replacement of the playground equipment at Beauchamps Park in 2022, and the development of a Pickleball Court in El Quito Park in 2023; and WHEREAS, in 2019 the Parks & Recreation Commission was given the opportunity to suggest a name for a new park and the City Council approved naming the park “Friendship Park” with the ribbon cutting on November 19, 2019; and WHEREAS, Renee and the Parks & Recreation Commission helped students from Saratoga High School produce and edit a drone video of Wildwood Park, Kevin Moran Park, and El Quito Park as part of their ongoing support of Age-Friendly Communities; and WHEREAS, it is apparent to all who have worked with Renee that she is a dedicated and hardworking member of the community, and her service and contributions are greatly appreciated by the City Council, Parks & Recreation Commission, and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby recognize Renee Paquier for her many years of service and dedication to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 18th day of October 2023. Kookie Fitzsimmons, Mayor City of Saratoga 28 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Janet Costa, Executive Assistant SUBJECT:Special Presentation of Student Art from Duan Art Studio RECOMMENDED ACTION: Receive presentation of student art from Duan Art Studio. BACKGROUND: A group of students would like to present their artwork to the City and each will be presented with a Certificate of Appreciation. Attachment A –Certificates of Appreciation 29 Certificate of Appreciation THIS CERTIFICATE IS PRESENTED ON OCTOBER 18, 2023 TO Kookie Fitzsimmons, Mayor City of Saratoga of Leigh High School, for your artistic contribution and lovely rendition of “The Old Bar of Saratoga” to the Council of the City of Saratoga. Arthur Hu 30 Certificate of Appreciation THIS CERTIFICATE IS PRESENTED ON OCTOBER 18, 2023 TO Kookie Fitzsimmons, Mayor City of Saratoga of Saratoga High School, for your artistic contribution and lovely rendition of “The Triumphal Gate of Saratoga” to the Council of the City of Saratoga. Aiden Chen 31 Certificate of Appreciation THIS CERTIFICATE IS PRESENTED ON OCTOBER 18, 2023 TO Kookie Fitzsimmons, Mayor City of Saratoga of Irvington High School, for your artistic contribution and lovely rendition of “The Fire Station of Saratoga” to the Council of the City of Saratoga. Chenyi Xu 32 Certificate of Appreciation THIS CERTIFICATE IS PRESENTED ON OCTOBER 18, 2023 TO Kookie Fitzsimmons, Mayor City of Saratoga of Challenger School Campus BA, for your artistic contribution and lovely rendition of “Saratoga High School” to the Council of the City of Saratoga. Lucas Zhou 33 Certificate of Appreciation THIS CERTIFICATE IS PRESENTED ON OCTOBER 18, 2023 TO Kookie Fitzsimmons, Mayor City of Saratoga of Lynbrook High School, for your artistic contribution and lovely rendition of “Saratoga Church” to the Council of the City of Saratoga. Mario Wang 34 Certificate of Appreciation THIS CERTIFICATE IS PRESENTED ON OCTOBER 18, 2023 TO Kookie Fitzsimmons, Mayor City of Saratoga of Saint Andrew’s Episcopal School, for your artistic contribution and lovely rendition of “Saratoga Library” to the Council of the City of Saratoga. Steven Wu 35 Certificate of Appreciation THIS CERTIFICATE IS PRESENTED ON OCTOBER 18, 2023 TO Kookie Fitzsimmons, Mayor City of Saratoga of Homestead High School, for your artistic contribution and lovely rendition of “Saratoga Mine Car” to the Council of the City of Saratoga. Vincent Wang 36 Certificate of Appreciation THIS CERTIFICATE IS PRESENTED ON OCTOBER 18, 2023 TO Kookie Fitzsimmons, Mayor City of Saratoga for mentoring students with opportunities to celebrate their own talents through artistic creations. The Council of the City of Saratoga is honored to receive such lovely artwork from the students of Duan Art Studio. Duan Zhaonan 37 SARATOGA CITY COUNCIL MEETING DATE:October 18, 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 October 4,2023,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 October 4, 2023, City Council Regular Meeting 38 Saratoga City Council Minutes ~ October 4, 2023 ~ Page 1 of 3 MINUTES WEDNESDAY, OCTOBER 4, 2023 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the City Council held a Joint Session with Hakone in the Linda Callon Conference Room. Vice Mayor Zhao invited public comment. No one requested to speak. Vice Mayor Zhao called the Regular Session to order at 7:00 p.m. ROLL CALL PRESENT:Vice Mayor Yan Zhao, Council Members Belal Aftab, Tina Walia ABSENT:Mayor Kookie Fitzsimmons, Council Member Chuck Page ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Leslie Arroyo, Assistant City Manager John Cherbone, Public Works Director Dan Jacobson, Interim Administrative Services Director Britt Avrit, City Clerk Mainini Cabute, Environmental Program Manager REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on September 28, 2023. REPORT FROM JOINT SESSION Vice Mayor Zhao stated the City Council held a Joint Session with Hakone prior to the Regular Session. Hakone Executive Director, Shozo Kagoshimaprovided a report of the City Council Joint Session. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; IN-PERSON ATTENDEES Vice Mayor Zhao invited public comment. No one requested to speak. ANNOUNCEMENTS Vice Mayor Zhao shared information about the Housing Element, the Scarecrow Project in the Village, the SASCC Health Fair and the Witchy Walk-About event. Council Member Walia shared information about the Friends of the Saratoga Library paperback book sale. 39 Saratoga City Council Minutes ~ October 4, 2023 ~ Page 2 of 3 Council Member Aftab shared information about the open house for the Blacksmith Exhibit at the Saratoga Historical Museum. 1.CONSENT CALENDAR Vice Mayor Zhao invited public comment. No one requested to speak. 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the September 20, 2023, City Council Regular Meeting. WALIA/AFTAB MOVED TO APPROVE THE MINUTES FOR THE SEPTEMBER 20, 2023, CITY COUNCIL REGULAR MEETING.MOTION PASSED BY THE FOLLOWING ROLL CALL VOTE: AYES: AFTAB, WALIA, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: FITZSIMMONS, PAGE. 1.2. Review and Accept Accounts Payable Check Registers Recommended Action: Review and accept the 09/14/2023 and 09/21/2023 accounts payable vendor payment check registers. WALIA/AFTAB MOVED TO REVIEW AND ACCEPT THE 09/14/2023 AND 09/21/2023 ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS. MOTION PASSED BY THE FOLLOWING ROLL CALL VOTE: AYES: AFTAB, WALIA, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: FITZSIMMONS, PAGE. 1.3. Treasurer’s Report for the Month Ended July 31, 2023 Recommended Action: Review and accept the Treasurer’s Report for the month ended July 31, 2023. WALIA/AFTAB MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED JULY 31, 2023.MOTION PASSED BY THE FOLLOWING ROLL CALL VOTE: AYES: AFTAB, WALIA, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: FITZSIMMONS, PAGE. 2.GENERAL BUSINESS 2.1. First Amendment to the Memorandum of Agreement with the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee Recommended Action: Authorize the City Manager to execute a First Amendment to the Memorandum of Agreement with the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee to allow satellite and auxiliary teleconferencing attendance in meetings. Mainini Cabute, Environmental Program Manager, presented the staff report. 40 Saratoga City Council Minutes ~ October 4, 2023 ~ Page 3 of 3 Vice Mayor Zhao invited public comment. No one requested to speak. AFTAB/ WALIA MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT WITH THE SANTA CLARA COUNTY RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY COMMITTEE TO ALLOW SATELLITE AND AUXILIARY TELECONFERENCING ATTENDANCE IN MEETINGS.MOTION PASSED BY THE FOLLOWING ROLL CALL VOTE: AYES: AFTAB, WALIA, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: FITZSIMMONS, PAGE. COUNCIL ASSIGNMENTS Council Member Tina Walia KSAR Community Access TV Board – stated she attended the meeting with nothing to report. Council Member Belal Aftab Saratoga Historical Foundation Board of Directors – stated the 100-year anniversary for the Saratoga Fire District is coming up and stated the building for the Blacksmith Exhibit has been approved and will be opening to the public soon. Vice Mayor Yan Zhao Saratoga Ministerial Association – stated a guest speaker from Cancer Care Point provided an overview of their services and the Board discussed upcoming events. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS None CITY MANAGER'S REPORT None CITY ATTORNEY'S REPORT None ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES Vice Mayor Zhao invited public comment. No one requested to speak. ADJOURNMENT Vice Mayor Zhao adjourned the meeting at 7:25 p.m. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga 41 SARATOGA CITY COUNCIL MEETING DATE: October 18, 2023 DEPARTMENT: Administrative Services PREPARED BY: Vivian Lu, Accounting Technician SUBJECT: Review and Accept Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept the 09/28/2023 and 10/05/2023 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 09-28-2023 Attachment B - Check Register Reports Dated 10-05-2023 REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 09/28/2023 148313 148363 51 402,415.62 09/28/2023 09/21/2023 148312 10/05/2023 148364 148391 28 193,835.82 10/05/2023 09/28/2023 148363 Accounts Payable checks issued for $20,000 or greater: Date Check #Dept. Amount 09/28/2023 148314 4Leaf Inc General Fund CDD August 2023 Plan Review 49,691.47 09/28/2023 148323 Duran & Venables Inc CIP Street Project Fund PW Sunnyvale Road Pathway Project 36,600.00 09/28/2023 148329 HydroTec Irrigation Equipment Various Funds PW Various Locations Irrigation Repairs & Maintenance 24,964.60 09/28/2023 148332 John Kim General Fund CDD Deposit Refund ARB19-0035 31,410.67 09/28/2023 148337 Mullins Construction Inc Park In-Lieu Fees Fund PW Hakone Garden Fence Project 59,950.00 09/28/2023 148343 Orchard Keepers Inc General Fund PW July and August 2023 Orchard Maintenance 39,247.53 09/28/2023 148353 Sandis Civil Engineers Surveyors ARPA/SLFRF Fund PW Village Parking Districts Improvement Project 25,471.25 10/05/2023 148364 4Leaf Inc General Fund CDD August 2023 Permit Technician and Building Inspector 23,031.00 10/05/2023 148371 Dinsmore Landscape Company Various Funds PW September 2023 Citywide Landscape Services 33,894.18 10/05/2023 148373 FD Construction ARPA/SLFRF Fund PW Prospect Road Green Infrastructure Project 57,620.04 10/05/2023 148382 San Jose Water Company General Fund Various Water Services 44,231.36 Accounts Payable checks voided during this time period: AP Date Check #Amount N/A Fund Purpose StatusReason Issued to Issued to Checks ReleasedTotal Checks Amount Accounts Payable Accounts Payable Ending Check # Starting Check #Type of Checks Date 42 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 09/28/2023 CITY OF SARATOGA VENCHK11 TIME: 12:49:54 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 3/24 FUND FUND TITLE AMOUNT 111 GENERAL FUND 188,280.74 245 FREDERICKSBURG LANDSCAPE 4,066.56 251 MCCARTYSVILLE LANDSCAPE 384.78 253 SARATOGA LEGEND LANDSCAPE 1,949.39 411 CIP STREET PROJECTS FUND 64,369.05 414 CIP ADMIN PROJECTS FUND 5,375.00 422 PARK IN-LIEU FEES FUND 59,950.00 435 ARPA/SLFRF FUND 51,332.77 611 LIABILITY /RISK MGMT FUND 492.25 612 WORKERS COMP FUND 82.00 623 VEHICLE & EQUIPMENT MAINT 3,872.86 624 BUILDING MAINTENANCE 7,989.02 713 WVCWP AGENCY FUND 14,271.20 TOTAL REPORT 402,415.62 43 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 09/28/2023 CITY OF SARATOGA VENCHK11 TIME: 12:48:52 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148313 1422 4LEAF INC. VOID: MULTI STUB CHECK 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-0144 240.00 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#22-2321 1,280.00 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#22-1985 320.00 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1769/70 5,780.59 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#22-2147/48 320.00 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1727 2,096.75 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1777 744.30 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1793 2,253.06 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#22-1913 320.00 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#22-2147/48 320.00 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1846/47 5,395.01 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1875 5,420.23 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#22-2330 1,760.00 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1865 1,555.27 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1899 3,133.31 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1910 1,337.23 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1894 1,555.27 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1904 904.97 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1946 2,769.35 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#20-1598 398.75 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#22-0143 400.00 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#22-2145/46 320.00 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1743 558.56 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1674 2,316.55 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1775/76 6,222.03 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#22-1360/06 480.00 148314 11111 09/28/23 1422 4LEAF INC. 44491 PLAN CHECK#23-1785 1,490.24 TOTAL CHECK 49,691.47 148315 11111 09/28/23 1422 4LEAF INC. 64173 PERMIT TECH/INSPECTOR 13,720.00 148316 11111 09/28/23 1130 ABLE SEPTIC TANK SVC 64734 BROOKGLEN DR PIPE 1,790.00 148317 11111 09/28/23 1137 BEAR ELECTRICAL SOLUTIONS 64534 TRAFFIC SIGNAL MAINT 2,550.00 148318 11111 09/28/23 362 BOETHING TREELAND FARMS I 64549 HARLEIGH LLA PLANTS 1,949.39 148319 11111 09/28/23 781 BOTHELIO, CRYSTAL 65114 AUG 23 CONSULTING SVC 14,750.10 148320 11111 09/28/23 935 CHRISP COMPANY 81161 RAILROAD CROSSING IMP 1,085.00 148321 11111 09/28/23 1412 CIVICPLUS 64141 CODIFICATION SERVICES 3,752.00 148322 11111 09/28/23 342 DATA TICKET INC 62481 AUG 2023 CITATION 100.00 148323 11111 09/28/23 355 DURAN & VENABLES, INC. 81161 SUNNYVALE RD PATHWAY 36,600.00 148324 11111 09/28/23 370 ECONOMY LUMBER 81161 WWP STABILIZE SPPLS 33.45 148325 11111 09/28/23 1688 ENVIRONMENTAL SCIENCE ASS 81141 PERMITTING/CEQA SPPRT 475.00 148326 11111 09/28/23 416 EVANS WEST VALLEY SPRAY 64545 HAKONE GARDEN WEED 750.00 148326 11111 09/28/23 416 EVANS WEST VALLEY SPRAY 64545 FIREHOUSE WEED 600.00 148326 11111 09/28/23 416 EVANS WEST VALLEY SPRAY 64545 HARTMAN OAK WEED 350.00 44 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 09/28/2023 CITY OF SARATOGA VENCHK11 TIME: 12:48:52 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT TOTAL CHECK 1,700.00 148327 11111 09/28/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB#90153 ULS22-0021 77.50 148327 11111 09/28/23 1268 GIULIANI & KULL - SAN JOS 65519 JOB#09153 QUITO OAKS 2,580.00 148327 11111 09/28/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB#90153 SUB20-0003 155.00 148327 11111 09/28/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB#90153 COC23-0002 310.00 TOTAL CHECK 3,122.50 148328 11111 09/28/23 472 HT HARVEY & ASSOCIATES 81161 MT. EDEN RD STABILIZE 264.18 148329 11111 09/28/23 14 HYDROTEC IRRIGATION EQUIP 64549 COX AVE PLANTS 4,066.56 148329 11111 09/28/23 14 HYDROTEC IRRIGATION EQUIP 64549 KMP PUMP REPAIR 111.50 148329 11111 09/28/23 14 HYDROTEC IRRIGATION EQUIP 64549 SPRING BLSM LEAK RPR 384.78 148329 11111 09/28/23 14 HYDROTEC IRRIGATION EQUIP 64549 ALLNDALE SPRINKLER 220.09 148329 11111 09/28/23 14 HYDROTEC IRRIGATION EQUIP 81161 PROSPECT WOOD CHIPS 2,214.23 148329 11111 09/28/23 14 HYDROTEC IRRIGATION EQUIP 81161 PROSPECT LNDSCAPE IRR 8,649.79 148329 11111 09/28/23 14 HYDROTEC IRRIGATION EQUIP 81161 PROSPECT CTR IRR 6,099.61 148329 11111 09/28/23 14 HYDROTEC IRRIGATION EQUIP 81161 PROSPECT WOOD CHIPS 3,218.04 TOTAL CHECK 24,964.60 148330 11111 09/28/23 61 INTERSTATE BATTERY SYSTEM 61361 AUTO PARTS 314.90 148331 11111 09/28/23 500 JANICE LEFEVRE 24914 REF DEPOSIT SARAROCKS 40.00 148332 11111 09/28/23 500 JOHN KIM 22111 REF BD DEP ARB19-0035 31,820.00 148332 11111 09/28/23 500 JOHN KIM 22111 REF DEP ARB19-0035 -409.33 TOTAL CHECK 31,410.67 148333 11111 09/28/23 1595 KEENAN & ASSOCIATES 67711 WVCWP AUTO INS 23/24 384.00 148333 11111 09/28/23 1595 KEENAN & ASSOCIATES 67711 WVCWP LIAB INS 23/24 2,851.01 TOTAL CHECK 3,235.01 148334 11111 09/28/23 1765 LISA WISE CONSULTING, INC 81141 PROJ REVIEW/ANALYSIS 5,375.00 148335 11111 09/28/23 1546 LYNX TECHNOLOGIES, INC. 64341 JUL GIS SUPPORT 525.00 148335 11111 09/28/23 1546 LYNX TECHNOLOGIES, INC. 64341 JUL GIS SUPPORT 525.00 148335 11111 09/28/23 1546 LYNX TECHNOLOGIES, INC. 64341 AUG GIS SUPPORT 2,625.00 148335 11111 09/28/23 1546 LYNX TECHNOLOGIES, INC. 64341 AUG GIS SUPPORT 2,625.00 TOTAL CHECK 6,300.00 148336 11111 09/28/23 500 MARIA CARRILLO 24211 DEP REFUND FACILITY 500.00 148337 11111 09/28/23 1792 MULLINS CONSTRUCTION INC 81161 HAKONE GARDEN FENCE 25,000.00 148337 11111 09/28/23 1792 MULLINS CONSTRUCTION INC 81161 HAKONE GARDEN FENCE 34,950.00 TOTAL CHECK 59,950.00 148338 11111 09/28/23 500 NANDA GOPAL 22113 REF BD DEP ARB21-0104 4,300.00 148338 11111 09/28/23 500 NANDA GOPAL 22111 REF DEP ARB21-0104 393.60 TOTAL CHECK 4,693.60 148339 11111 09/28/23 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,092.00 148339 11111 09/28/23 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,624.00 TOTAL CHECK 2,716.00 148340 11111 09/28/23 1572 NBBM SERVICES, INC 64551 SEP WKND PK RESTROOM 4,239.83 45 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 09/28/2023 CITY OF SARATOGA VENCHK11 TIME: 12:48:52 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148341 11111 09/28/23 1732 NWESTCO LLC 62144 SEP 2023 UST INSPECT 230.00 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 243.01 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 25.31 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 62.18 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 8.17 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 19.88 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 38.35 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 24.00 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 22.03 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61166 PC MTG EXP -SNACKS 34.99 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 6.34 148342 11111 09/28/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 24.00 TOTAL CHECK 508.26 148343 11111 09/28/23 1658 ORCHARD KEEPERS, INC. 64554 JUL ORCHARD MAINT 23,057.53 148343 11111 09/28/23 1658 ORCHARD KEEPERS, INC. 64554 AUG ORCHARD MAINT 16,190.00 TOTAL CHECK 39,247.53 148344 11111 09/28/23 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS (MUSEUM) 8.38 148345 11111 09/28/23 180 PACIFIC PRODUCTS & SERVIC 81121 CITY SIGNPOSTS/ANCHOR 5,656.65 148346 11111 09/28/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 39.82 148346 11111 09/28/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 10.96 TOTAL CHECK 50.78 148347 11111 09/28/23 1623 PIA LUSK 66212 WVCWP CASQA LODGING 774.96 148347 11111 09/28/23 1623 PIA LUSK 66212 WVCWP CASQA MEALS 25.92 148347 11111 09/28/23 1623 PIA LUSK 66212 WVCWP CASQA TRAVEL 91.11 TOTAL CHECK 891.99 148348 11111 09/28/23 1550 PLAN JPA 62419 AUB GEN LIAB CLAIMS 492.25 148349 11111 09/28/23 393 REED & GRAHAM, INC 81121 STREETS SUPPLIES 334.69 148350 11111 09/28/23 410 RICH VOSS TRUCKING INC 61341 WWP LNDSCAPE SPPLS 400.00 148350 11111 09/28/23 410 RICH VOSS TRUCKING INC 61341 WWP LNDSCAPE SPPLS 300.00 TOTAL CHECK 700.00 148351 11111 09/28/23 500 SAEED JAVADI 22113 REF BD DEP ARB19-0057 12,472.41 148351 11111 09/28/23 500 SAEED JAVADI 22111 REF DEP ARB19-0057 -3,520.00 TOTAL CHECK 8,952.41 148352 11111 09/28/23 87 SAN JOSE WATER COMPANY 81161 RETIRE PROSPECT SVCS 2,700.00 148353 11111 09/28/23 1754 SANDIS CIVIL ENGINEERS SU 81142 VILLAGE PARKING PROJ 18,476.25 148353 11111 09/28/23 1754 SANDIS CIVIL ENGINEERS SU 81142 VILLAGE PARKING PROJ 6,995.00 TOTAL CHECK 25,471.25 148354 11111 09/28/23 1687 SCI CONSULTING GROUP 64745 WVCWP COST SVC STUDY 10,144.20 148355 11111 09/28/23 1690 SOUTHERN COUNTIES LUBRICA 61362 FUEL 3,327.96 148356 11111 09/28/23 1394 ST. FRANCIS ELECTRIC, LLC 81161 SARA/HERRIMAN AV RRFB 8,950.00 46 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 09/28/2023 CITY OF SARATOGA VENCHK11 TIME: 12:48:52 CHECK REGISTER ACCOUNTING PERIOD: 3/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148357 11111 09/28/23 1246 STATEWIDE TRAFFIC SAFETY 81161 TRAFFIC CTRL-PIERCE 6,645.00 148357 11111 09/28/23 1246 STATEWIDE TRAFFIC SAFETY 81161 TRAFFIC CTRL-PIERCE 3,780.00 TOTAL CHECK 10,425.00 148358 11111 09/28/23 256 STEVENS CREEK QUARRY INC 81161 PROSPECT WASHED ROCK 2,979.85 148359 11111 09/28/23 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 82.00 148360 11111 09/28/23 1610 THE HOME DEPOT PRO 61132 JANITORIAL SUPPLIES 430.39 148360 11111 09/28/23 1610 THE HOME DEPOT PRO 61132 JANITORIAL SUPPLIES 400.85 TOTAL CHECK 831.24 148361 11111 09/28/23 1287 TAPCO 81121 STREETS SUPPLIES 545.08 148362 11111 09/28/23 500 VICKI MURPHY 43481 TREE REF TRP23-0345 130.00 148363 11111 09/28/23 435 WEST VALLEY SANITATION DI 63112 SEWER SVCS 7/23-6/24 4,433.40 TOTAL FUND 402,415.62 TOTAL REPORT 402,415.62 47 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/05/2023 CITY OF SARATOGA VENCHK11 TIME: 12:33:30 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 4/24 FUND FUND TITLE AMOUNT 111 GENERAL FUND 118,619.57 241 ARROYO DE SARATOGA LNDSCP 159.13 242 BONNET WAY LANDSCAPE 212.16 243 CARNELIAN GLEN LANDSCAPE 212.16 244 CUNNINGHAM/GLASGOW LND 106.09 245 FREDERICKSBURG LANDSCAPE 159.13 246 GREENBRIAR LANDSCAPE 106.09 247 KERWIN RANCH LANDSCAPE 848.68 248 LEUTAR COURT LANDSCAPE 159.13 249 MANOR DRIVE LANDSCAPE 159.13 251 MCCARTYSVILLE LANDSCAPE 318.26 252 PRIDES CROSSING LANDSCAPE 318.26 253 SARATOGA LEGEND LANDSCAPE 265.21 254 SUNLAND PARK LANDSCAPE 848.68 255 TRICIA WOODS LANDSCAPE 159.13 256 ALLENDALE LANDSCAPE 106.09 257 COVINA LANDSCAPING DIST 318.26 271 BEUACHAMPS L&L 424.34 272 BELLGROVE L&L 3,182.55 273 GATEWAY L&L 228.45 274 HORSESHOE DRIVE L&L 212.16 276 TOLLGATE L&L 154.16 278 WESTBROOK L&L 159.13 279 BROOKVIEW L&L 212.17 292 PARAMOUNT COURT SWD 320.33 361 ARROWHEAD BOND 768.00 414 CIP ADMIN PROJECTS FUND 548.75 435 ARPA/SLFRF FUND 57,620.04 612 WORKERS COMP FUND 82.00 621 OFFICE SUPPORT 512.78 622 IT SERVICES 2,433.34 623 VEHICLE & EQUIPMENT MAINT 335.99 624 BUILDING MAINTENANCE 2,658.58 713 WVCWP AGENCY FUND 907.89 TOTAL REPORT 193,835.82 48 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/05/2023 CITY OF SARATOGA VENCHK11 TIME: 12:32:40 CHECK REGISTER ACCOUNTING PERIOD: 4/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148364 11111 10/05/23 1422 4LEAF INC. 64173 PERMIT TECH/INSPECTOR 23,031.00 148365 11111 10/05/23 234 A T & T 63211 QUITO IRR MODEM LINE 55.66 148365 11111 10/05/23 234 A T & T 63211 TITUS/PRSPECT MED-IRR 4.24 148365 11111 10/05/23 234 A T & T 63211 PROSPECT RD GRACE BLD 133.19 148365 11111 10/05/23 234 A T & T 63211 SUPERTRUNK 851.12 148365 11111 10/05/23 234 A T & T 63211 BIG BASIN WAY IRR 78.78 148365 11111 10/05/23 234 A T & T 63211 MONTHLY RECUR CHARGES 77.07 148365 11111 10/05/23 234 A T & T 63211 CRP YRD EMER POTS LNS 49.57 148365 11111 10/05/23 234 A T & T 63211 ALARM SYS CIVIC THTR 244.08 148365 11111 10/05/23 234 A T & T 63211 SENIOR CENTER ALARMS 50.17 148365 11111 10/05/23 234 A T & T 63211 HISTORICAL PARK IRR 56.57 TOTAL CHECK 1,600.45 148366 11111 10/05/23 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 81.85 148366 11111 10/05/23 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 48.10 TOTAL CHECK 129.95 148367 11111 10/05/23 781 BOTHELIO, CRYSTAL 65114 SEP 23 CONSULTING SVC 13,215.15 148368 11111 10/05/23 1357 COMCAST 63213 COMCAST (PROSPECT) 108.22 148368 11111 10/05/23 1357 COMCAST 63213 COMCAST (PROSPECT) 108.22 TOTAL CHECK 216.44 148369 11111 10/05/23 1569 COMCAST 63213 COMCAST (PRIMARY) 561.67 148369 11111 10/05/23 1569 COMCAST 63213 COMCAST (PRIMARY) 571.67 TOTAL CHECK 1,133.34 148370 1717 DINSMORE LANDSCAPE COMPAN VOID: MULTI STUB CHECK 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP BEAUCHAMPS 424.34 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP BROOKVIEW/BROOKGL 212.17 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP COVINA 318.26 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP GATEWAY 212.16 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP HORSESHOE DRIVE 212.16 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP PARAMOUNT 318.26 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP TOLLGATE 53.04 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP WESTBROOK 159.13 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64555 SEP TRAILS LANDSCAPE 1,591.28 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP BELLGROVE LNDSCAP 3,182.55 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64221 SEP DOWNTOWN LNDSCAPE 2,652.13 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64542 SEP PARKS LANDSCAPE 1,273.02 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64548 SEP PARKS LANDSCAPE 3,394.72 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64541 SEP PARKS LANDSCAPE 7,532.04 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64557 SEP PARKS LANDSCAPE 212.17 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP ALLENDALE/HARLEIG 106.09 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP ARROYO DE SARA 159.13 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP BONNET WAY 212.16 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP CARNELIAN GLEN 212.16 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP CUNNINGHM/GLASCOW 106.09 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP FREDRICKSBURG 159.13 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP GREENBRIAR 106.09 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP KERWIN RANCH 848.68 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP LEUTAR COURT 159.13 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP MANOR DRIVE 159.13 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP MCCARTYSVILLE 318.26 49 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 10/05/2023 CITY OF SARATOGA VENCHK11 TIME: 12:32:40 CHECK REGISTER ACCOUNTING PERIOD: 4/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP PRIDES CROSSING 318.26 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP SARATOGA LEGENDS 265.21 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP SUNLAND PARK 848.68 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64547 SEP TRICIA WOODS 159.13 148371 11111 10/05/23 1717 DINSMORE LANDSCAPE COMPAN 64543 SEP MEDIAN LOCATIONS 8,009.42 TOTAL CHECK 33,894.18 148372 11111 10/05/23 416 EVANS WEST VALLEY SPRAY 64545 CSP WEED CONTROL 4,800.00 148372 11111 10/05/23 416 EVANS WEST VALLEY SPRAY 64545 CITYHALL WEED CONTROL 2,805.00 TOTAL CHECK 7,605.00 148373 11111 10/05/23 1797 FD CONSTRUCTION 81161 PROSPECT CURB/GUTTER 57,620.04 148374 11111 10/05/23 1816 KIRA O'SHELSKI 66212 CASQA LODGING RMB 774.96 148374 11111 10/05/23 1816 KIRA O'SHELSKI 66212 CASQA MEAL RMB 23.91 148374 11111 10/05/23 1816 KIRA O'SHELSKI 66212 CASQA MEAL RMB 25.91 148374 11111 10/05/23 1816 KIRA O'SHELSKI 66212 CASQA MEAL RMB 26.82 148374 11111 10/05/23 1816 KIRA O'SHELSKI 66212 CASQA TRAVEL RMB 56.29 TOTAL CHECK 907.89 148375 11111 10/05/23 1807 LESLIE ARROYO 66211 CA LEAGUE MEAL RMB 21.00 148375 11111 10/05/23 1807 LESLIE ARROYO 66213 CA LEAGUE MILEAGE RMB 48.60 148375 11111 10/05/23 1807 LESLIE ARROYO 66213 CA LEAGUE MILEAGE RMB 48.60 148375 11111 10/05/23 1807 LESLIE ARROYO 66212 CA LEAGUE TOLL RMB 3.50 TOTAL CHECK 121.70 148376 11111 10/05/23 1765 LISA WISE CONSULTING, INC 81141 PROJ REVIEW/ANALYSIS 548.75 148377 11111 10/05/23 499 CARPENTERS LOCAL 2236 (MI 21262 DED:3000 DUES 260.00 148378 11111 10/05/23 110 NBS-GOVT FINANCE GROUP 71124 2023-Q4 ADMIN FEES 768.00 148379 11111 10/05/23 173 PACIFIC GAS & ELECTRIC 63111 MONTE VISTA DRIVE 9.53 148379 11111 10/05/23 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 193.26 148379 11111 10/05/23 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 9.85 148379 11111 10/05/23 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 40.86 148379 11111 10/05/23 173 PACIFIC GAS & ELECTRIC 63111 EL CAMINO GRANDE PUMP 10.51 148379 11111 10/05/23 173 PACIFIC GAS & ELECTRIC 63111 GATEWAY SERVICE 16.29 148379 11111 10/05/23 173 PACIFIC GAS & ELECTRIC 63111 PARAMOUNT CT 2.07 148379 11111 10/05/23 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 122.12 TOTAL CHECK 404.49 148380 11111 10/05/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 20.97 148380 11111 10/05/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 44.46 148380 11111 10/05/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 38.36 148380 11111 10/05/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 66.49 148380 11111 10/05/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 18.60 148380 11111 10/05/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 190.02 148380 11111 10/05/23 1092 PALACE ART & OFFICE SUPPL 61121 COPY PAPER 512.78 TOTAL CHECK 891.68 148381 11111 10/05/23 1663 SAN JOSE MAILING 64121 POSTCARD/MAILING 4,428.35 148382 11111 10/05/23 87 SAN JOSE WATER COMPANY 63112 BUILDINGS 1,403.94 148382 11111 10/05/23 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 31,825.86 148382 11111 10/05/23 87 SAN JOSE WATER COMPANY 63112 TOLLGATE 101.12 50 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 10/05/2023 CITY OF SARATOGA VENCHK11 TIME: 12:32:40 CHECK REGISTER ACCOUNTING PERIOD: 4/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 148382 11111 10/05/23 87 SAN JOSE WATER COMPANY 63112 MEDIAN/PARKWAYS 10,900.44 TOTAL CHECK 44,231.36 148383 11111 10/05/23 1 SANTA CLARA COUNTY CLERK- 62123 CNFRMD CPY/SUB20-0004 5.00 148384 11111 10/05/23 98 SARATOGA CHAMBER OF COMME 68582 2023 CAR SHOW 646.50 148385 11111 10/05/23 136 SCOTTY'S AUTOMOTIVE 64611 MAINTENANCE VEH#145 174.97 148385 11111 10/05/23 136 SCOTTY'S AUTOMOTIVE 64611 MAINTENANCE VEH#129 161.02 TOTAL CHECK 335.99 148386 11111 10/05/23 500 SRINIVAS SAMPATH 68353 NBHD WATCH GRANT RMB 300.00 148387 11111 10/05/23 248 STATE OF CA FRANCHISE TAX 21252 DED:2011 FTB W/H 50.00 148388 11111 10/05/23 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 82.00 148389 11111 10/05/23 1678 WILINE NETWORKS INC. 64312 ISP ANNUAL SVC OCT 23 1,083.56 148390 11111 10/05/23 500 WILLIAM MINKEL 43481 TREE REF TRP19-0363 125.00 148391 11111 10/05/23 1571 WORKTERRA 64163 SEP FLEX ADM FEES 200.00 TOTAL FUND 193,835.82 TOTAL REPORT 193,835.82 51 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:City Attorney’s Office PREPARED BY:Richard Taylor, City Attorney SUBJECT:Update to the Bail Schedule RECOMMENDED ACTION: Adopt the Resolution approving an updated bail schedule setting bail amounts for violations of Municipal Code provisions adopted or amended since the last update in 2016. REVISIONS & UPDATES: Bail Schedule revised on October 18, 2023 to add to the legend definitions of terms used in the Bail Schedule (Misdemeanor, Infraction), delete from the legend terms not used,and omit the Filing Division column (because all matters involving bail are filed in the Criminal Division). BACKGROUND: The City maintains a bail schedule specifying bail amounts for code violations that are subject to criminal prosecution. Although the City rarely pursues code violations in the criminal courts, the bail schedule sets standards for bail in the event that this were to occur. The bail schedule was last updated in 2016. The attached resolution would adopt a new bail schedule reflecting changes to the Municipal Code since the last update. ATTACHMENTS: Attachment A –Resolution Attachment B –Changes to Bail Schedule (Revised 10-18-2023) 1704664.1 52 RESOLUTION NO. 23-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING AN UPDATED BAIL SCHEDULE WHEREAS, the City Council on October 18, 2023, reviewed the proposed Bail Schedule in Exhibit A; and WHEREAS, the City Council desires to establish the bail amounts set forth therein. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: 1: The Bail Schedule set forth in the attached Exhibit A is hereby established and adopted. 2: All prior resolutions setting amounts for bail are hereby repealed in their entirety, it being the intent of the City Council that the bail schedule adopted by this resolution shall supersede all prior schedules pertaining to the same subject matter. 3: This resolution shall become effective on September 6, 2023, and shall be applicable to all proceedings initiated after that date. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18 th day of October 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Kookie Fitzsimmons, Mayor ATTEST: ____________________________ Britt Avrit, MMC, City Clerk 53 SARATOGA BAIL SCHEDULE P.A. – Penalty Assessment under PC 1464 P/C – Eligible for Proof of Correction CRM CAT – Criminal Category File Div – Filing Division CT – Court Appearance Required M – Misdemeanor I – Infraction Y – Yes N - No X – No County Wide Range found Saratoga City Code Section Offense/Description Bail Amount P.A. P/C CRM CAT File Div. 2-10.150 Contempt of City Council 1,000 +CT N N M CR 4-05.050 Business license required 1,000 +CT N N M CR 4-50.020 Solicitor/Peddler permit required 1,000 +CT N N M CR 455.040 (a)/(b) Massage Establishment/Managing Employee permit required 1,000 +CT N N M CR 4-55.040(c) Massage Practitioner permit/certificate required 1,000 +CT N N M CR 4-60.030 Motion Picture Filming permit required 1,000 +CT N N M CR 54 4-70.020 Restaurant Certification required 1,000 +CT N N M CR 4-90 Tobacco Retailer License Requirements, Regulations and Prohibitions 1,000+CT N N M CR 6-15.010 Congregating Near Emergency Scene 1,000 +CT N N M CR 6-15.050 Public Intoxication 1,000 Y N M CR 6-15.070(a) Discharge of Pollutant in Storm Drain 1,000 +CT N N M CR 6-15.080(a) Obstruction of Watercourse 1,000 +CT N N M CR 6-15.090(a) Sale of Weapons to Person Under 18 1,000 +CT N N M CR 6-15.100(a) Discharge of Weapon Within City Limits 1,000 +CT N N M CR 6-15.110 Paraphernalia Exhibition Room for Controlled Substance 1,000 +CT N N M CR 6-15.120(a) Alcohol Consumption by Persons under 21 Minors at Unsupervised Social Gatherings 1,000 +CT N N M CR 6-15.130 Disturbance, 2nd Police Response required 1,000 Y N M CR 6-15.140 Offensive Conduct - First Conviction - Second Conviction - Third or Subsequent Conviction 100 200 500 N N I CR 6-15.160(a) Unsecured Display of Spray Paint or Marker Pen - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 6-15.170(a) Targeted Picketing of Residence 1,000 +CT N N M CR 6-30.030 Commercial Marijuana Activity 1000+CT N N M CR 6-30.040 Cultivation of Marijuana for Personal Use (More than six plants) 1000+CT N N M CR 6-35.010 Storage of Firearms in a Residence - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N M CR 7-05.0450 Frequency of Garbage Disposal - First Conviction +CT 100 N N I CR 55 - Second Conviction - Third or Subsequent Conviction 200 500 7-05.090 Burning Solid Waste - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-05.100 Dumping on Public Property - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 250 500 750 100 200 500 N N I CR 7-05.20890 Unauthorized Garbage Collection - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-05.100310 Unauthorized Deposit of Garbage - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-20.030 Refusal to Permit Inspection by Animal Control Officer 1,000 N N M CR 7-20.060 Wild or Non-Domestic Animal Kept 1,000 +CT N N M CR 7-20.145 Dangerous Dogs 1,000 +CT N N M CR 7-20.170 Animal Maintenance - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-20.210 Private/Commercial Kennel permit required - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 N N I CR 56 500 7-20.225 Animals Not Secured in Vehicles - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-20.230 Beekeeping 1,000 +CT N N M CR 7-30.040 Noise Standards - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-30.070 Exhaust Fans Shall be Enclosed - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-35.060 Tobacco Samples and Vending Machine - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 7-45.030 Commercial Property Maintenance 1,000 +CT N N M CR 8-05.030 Storage of Hazardous Material 1,000 +CT N N M CR 8-05.040 Hazardous Material Storage permit required 1,000 +CT N N M CR 9-55.010 Storage of Inoperative Vehicle/Part - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 10-05.010(a) Placing Obstruction in Street 1,000 +CT N N M CR 10-05.020 Blocking Free Passage 250 +CT N N M CR 10-05.055 Sales On Public Right of Way - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 300 N N I CR 10-10.020 Special Event permit required 1,000 +CT N N M CR 10-15.010 Excavation permit required 1,000 +CT N N M CR 57 10-20.050 Encroachment permit required 1,000 +CT N N M CR 11-05.030 (a-j) Act Prohibited in Park - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 11-05.030(m) Discharge of Pollutant in Watercourse - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-12.020(hg) Zoning Regulation Related to Animal - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-12.160 Storage of Personal Property - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-19.020(c) Expressly Prohibited Commercial Use 250 +CT N N M CR 15-29.010(a) Fencing Exceeding Six Feet - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-29.010(b) Fencing Over 3 Feet in Setback - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-29.010(l) Retaining Wall Exceeding Height Limit - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15.29.020 Fencing Within Hillside District - First Conviction - Second Conviction +CT 100 200 N N I CR 58 - Third or Subsequent Conviction 500 15-29.040 Fencing to Mitigate Noise permit required - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-29.050 Fencing Adjacent to Scenic Highway - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-29.060 Barbed Wire Prohibited - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.050 Sign Prohibited - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.060(f) Temporary Construction Sign - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.070 Village Sign District permit required - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.080 Prospect Sign District permit required - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.090 Quito Sign District permit required - First Conviction - Second Conviction +CT 100 200 N N I CR 59 - Third or Subsequent Conviction 500 15-30.100 Saratoga/Sunnyvale Sign District permit required - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.110 Temporary Signs - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.120 Signs on Lots for Institutional, Public, or Quasi-public Uses - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.125 Multi-family orTemporary Subdivision Sign - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.130 Sign in Agricultural and Residential District - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.135 Open House Sign in Residential Zone - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.140 Temporary Signs Marketing Residential Properties for Sale or Lease - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 60 15-30.145 Temporary Signs Marketing Commercial Properties for Sale or Lease - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.150 Sign Permit required - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-30.190(c) Illegal Sign on Public Property - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-40.010 Home Occupation Violation - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-50.050 Tree Removal Violation - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-55.020 Conditional Use Permit Violation 1,000 +CT N N M CR 15-56.020 Second Unit permit required 1,000 +CT N N M CR 15-60.010 Temporary Use permit required 1,000 +CT N N M CR 15-80.030 Accessory Use and Structure Violation - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 15-80.070 Stadiums Prohibited 1,000 +CT N N M CR 15-80.080 Radio and Television Antenna - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N I CR 61 16-05 Building Permit required 1,000 +CT N N M CR 16-15 California Building Code Violation 1,000 +CT N N M CR 16-20 Uniform Fire Code Violation 1,000 +CT N N M CR 16-25 Plumbing Code Violation 1,000 +CT N N M CR 16-30 Mechanical Code Violation 1,000 +CT N N M CR 16-35 Electrical Code Violation 1,000 +CT N N M CR 16-40 Housing Code Violation 1,000 +CT N N M CR 16-45 Dangerous Building Code Violation 1,000 +CT N N M CR 16-50 Moving of Building or Equipment 1,000 +CT N N M CR 16-60 Early Warning Fire Alarm System - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 500 1,000 N N I CR 16-71 Occupancy Inspection Violation 1,000 +CT N N M CR 17-10 Mandatory Organic Waste Disposal Rules - First Conviction - Second Conviction - Third or Subsequent Conviction +CT 100 200 500 N N M CR 1681876.2 62 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:Community Development Department PREPARED BY:David Dorcich, Associate Engineer SUBJECT:Final Map Approval for Two Lots Located at 14805 Fruitvale Avenue RECOMMENDED ACTION: Adopt the Resolution granting final map approval of parcel map application No. ULS22-0002 for two lots located at 14805 Fruitvale Avenue (APN: 397 18 027). BACKGROUND: Attached is a Resolution, which, if adopted, will grant final map approval for two (2) lots located at 14805 Fruitvale Avenue (APN 397 18 027). This map is for an urban lot split utilizing the ministerial process enabled by SB9 and the applicant has satisfied all the applicable requirements of Article 15-57 of the Saratoga Municipal Code. The recordation of the final map is a means to create individual lots from a larger lot for which building permits may be issued.The Subdivision Map Act provides that once the final map has been filed with the City Clerk, the City Council must approve or disapprove the final map and accept or reject any offers of dedication made to the City within the map at its next meeting.It further provides that the Council must approve the final map if it finds that the final map is in substantial compliance with a previously approved tentative map. The City Engineer has examined the final map and related documents submitted to the City in accordance with the provisions of Section 14.40.020 of the Municipal Code and it was determined that: 1.The Subdivision Map Act, the City's Subdivision Ordinance,and all other applicable provisions of law have been complied with. 2.The final map is technically correct. Consequently, the City Engineer’s certificate wasexecuted on the final map and the final map was filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. 63 ATTACHMENTS: Attachment A - Resolution Granting Final Map Approval Attachment B - Site Map Attachment C - Parcel Map 1682576.1 64 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF APPLICATION NO ULS22-0002 14805 FRUITVALE AVENUE (APN 397 18 027) The City Council of the City of Saratoga hereby resolves as follows: That certain Parcel Map of a two-lot subdivision prepared by Barber Surveying, INC., dated September 2023, and filed with the City Clerk of the City of Saratoga on August 21, 2023, meets the requirements of the Subdivision Map Act and the Saratoga Municipal Code and is approved. The City Manager (or designee) is authorized to take action required to record the Final Map. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of October 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Kookie Fitzsimmons, Mayor ATTEST: ____________________________ Britt Avrit, MMC, City Clerk 1696624.1 65 Site Map 66 67 68 69 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Leslie Arroyo, Assistant City Manager SUBJECT:Amended Lease Agreement with Los Gatos-Saratoga Community Education and Recreation RECOMMENDED ACTION: Approve the Amended Lease Agreement with Los Gatos-Saratoga Community Education and Recreation. BACKGROUND: In September 2023,Los Gatos-Saratoga Community Education and Recreation (“LGS Recreation”) and the City of Saratoga entered into a Lease Agreement for the operation of community recreation programs. After review of the Lease Agreement, it contained various provisions calling for LGS Recreation to indemnify the City against certain claims arising out of its use and occupation of the Property, and to maintain certain types and levels of insurance coverage. After consulting with the City’s Risk Management Team, it was decided to revise the obligations of LGS Recreation’s contractors, sublessees, and other third-party users with respect to their indemnity and insurance requirements, to be consistent with what LGS Recreation currently requires, thereby not forcing renters to provide two separate insurance requirements. ATTACHMENTS: Attachment A –Redlined Amended Lease Agreement October 2023 Attachment B –Signed Amended Lease Agreement October 2023 70 ADDENDUM TO FIRST AMENDED AND RESTATED LEASE AGREEMENT, EXHIBIT G, AND CITY OF SARATOGA STANDARD SERVICES CONTRACT, EXHIBIT B, REGARDING INSURANCE AND INDEMNIFICATION OBLIGATIONS OF LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION CONTRACTORS WHEREAS, Los Gatos-Saratoga Community Education and Recreation (“LGS Recreation”) and the City of Saratoga (“City”) have entered into a Lease Agreement, and First Amended and Restated Lease Agreement (“First Amended Lease Agreement”), executed in 2023, under which LGS Recreation would lease portions of certain Property, as defined therein, for the operation of community recreation programs; and WHEREAS, the First Amended Lease Agreement contains various provisions calling for LGS Recreation to indemnify the City against certain claims arising out of its use and occupation of the Property, and to maintain certain types and levels of insurance coverage; and WHEREAS, the parties, through this Addendum, wish to amend the First Amended Lease Agreement to revise the obligations of LGS Recreation’s contractors, /sublessees, and other third-party users (collectively herein “Contractors”) with respect to their indemnity and insurance requirements. NOW THEREFORE, in consideration of, and subject to, the terms and conditions hereinafter set forth, the City and LGS Recreation agree as follows effective October 1, 2023: 1. Section 4(B) of the First Amended Lease Agreement provides that LGS Recreation, as Lessee, “shall require their parties using the Premises to: 1) [A]gree to the Rental Facility Rules that include the provisions set forth in Exhibit C;. 2) [P]rocure 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.; and 3). [A]gree to indemnify the city on terms comparable to those set forth in section 6 of this Agreement.” 2. The City and LGS Recreation agree that, effective as of the date of mutual execution of this Addendum, LGS Recreation shall not be obligated to require its Contractors using the property to either procure or maintain insurance, or provide certificates or endorsements to the City, or to indemnify the City. The City and LGS Recreation agree that Subparagraphs 4(B)(2) and 4(B)(3) of the First Amended Lease Agreement are hereby rescinded. 3. Effective as of the date of mutual execution of this Addendum, tThe provisions of Section 1(i) of Exhibit G (“Insurance Requirements”) to the First Amended Lease Agreement, requiring LGS Recreation as Lessee to require its Contractors to indemnify and provide proof of insurance with the City as an additional insured, are also rescinded. 71 4. Effective as of the date of mutual execution of this Addendum, Section 5 (“Insurance,” p. 32) of the Standard Services Contract between the City and LGS Recreation, and Section 8 of Exhibit B (“Subcontractors,” p. 57), to the Standard Services Contract, to the extent that they obligate LGS Recreation as Consultant to require that its Contractors indemnify and provide proof of insurance with the City as an additional insured, are also rescinded. 45. LGS Recreation shall continue to require all Contractors to comply with LGS Recreation’s insurance requirements, including but not limited to workers compensation insurance as required by law and liability insurance coverage with policy limits no less than $1 million per occurrence, $2 million aggregate, naming LGS Recreation as additional insured, and to submit Certificates of Insurance, Additional Insured Endorsements, Primary Non-Contributory Endorsements, and Waiver of Subrogation Endorsements prior to use of the Property, unless waived in writing by LGS Recreation. These requirements apply to all Contractors, including those that are partners of the City such as CERT and the Youth Commission. LGS Recreation, with the City’s agreement, may waive these requirements for any Contractors who are a non-profit public benefit corporation and whose use of the Property, in the opinion of LGS Recreation, does not warrant imposition of these requirements. 56. The other terms and conditions of the First Amended Lease Agreement and the Standard Services Contract not contrary to, or not revised, modified, amended, or rescinded by this Addendum, shall remain in effect. 67. This term of this Addendum shall be conterminous with the term of the Amended Lease Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Addendum 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: ___________________________ Nancy Rollett, Executive Director Date: _______________________ 72 By: ________________________ Richard Taylor, City Attorney Date: _______________________ Exhibits: None 1695368.2 73 74 75 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:Administrative Services PREPARED BY:Dan Jacobson, Interim Administrative Services Director Gina Scott, Administrative Analyst SUBJECT:Resolution Amending the City’s Fee Schedule Effective January 3, 2024, and July 1, 2024 RECOMMENDED ACTION: Adopt a Resolution amending the City of Saratoga’s Fee Schedule effective January 3, 2024, and July 1, 2024. REVISIONS & UPDATES: Attachment revised on October 17, 2023 to correct omissions of the following fees, none of which include proposed changes from prior rates: o Address Processing Fee o Business License Tax for: Security alarm services operators per MC 4-06.110 Circuses and Carnivals (Fairs) o Community Garden Plot Rentals, Annual Plot Rental; age 55 and over Attachment revised on October 17, 2023 to correct a clerical error in the Technology Surcharge fee. There is no proposed change to this fee. BACKGROUND: In 2022, Saratoga conducted a Comprehensive User Fee (Cost of Services) Study and updated its Master Fee Schedule effective July 1, 2023. This process incorporated the best information available at the time but was unable to incorporate increased personnel costs due to labor contracts that were still in negotiation. With the ratification of the City’s labor agreements, the known increases can now be incorporated into the Master Fee Schedule. At its September 12, 2023, meeting, the Finance Committee considered options to update the Master Fee Schedule with the aforementioned personnel rate increases. The Finance Committee provided direction to update the Fee Schedule for two effective dates, January 3, and July 1, 2024, in order to smooth the amount of fee changes as well as minimize the staff workload. 76 The following summarizes changes to the recommended fees since the most recent Master Fee Schedule adoption: 1.Pay and benefit changes.In May and June 2023, the City completed negotiations with its represented and unrepresented employees, resulting in changes to pay and benefits which impact labor-based fees in the Fee Schedule. These changes include pay increases of up to 5.6% in fiscal year 2023-24 and 2.39% in fiscal year 2024-25. Fees which rely wholly or in part on City employees’ time have incorporated these changes and the hourly rate table is similarly updated. 2.Appeals.The current Fee Schedule does not specify appeals brought forth under Municipal Code 2-05.030 separately from appeals from the Planning Commission. To remove ambiguity, language clarifying this fee is added. ATTACHMENT: Attachment A – Resolution Amending the City’s Fee Schedule Effective January 3, 2024 and July 1, 2024 (Revised 10-18-2023) 77 RESOLUTION NO. 23-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY FEE SCHEDULE EFFECTIVE JULY 1, 2023 WHEREAS, the City of Saratoga Municipal Code authorizes the imposition of various user fees for providing City services in all departments assembled in the City Fee Schedule; and WHEREAS, the City Council has caused a Public Hearing Notice to be published as required by Government Code Section 66016; and the data supporting the various user fees, fines, penalties, rates, and assessments (attached hereto as Exhibit A) was made available for public review at least 10 days prior to the noticed Public Meeting; and WHEREAS, the City entered into agreements with its labor units in May and June 2023 which provide certainty on the labor costs through fiscal year 2024-25; and WHEREAS, the Finance Committee received a report on potential changes and options on September 12, 2023 and provided direction; and WHEREAS, the City Council, on October 18, 2023, conducted a Public Hearing on the proposed City Fee Schedule. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby authorizes the following: 1.Updates to City fees in all departments as detailed in Exhibit A; and 2. Authorize City staff to make formatting, ordering, and corrective edits to Exhibit A for the print and electronic adopted City Fee Schedules effective January 3, 2024 and July 1, 2024. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on 18h day of October 2023 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kookie Fitzsimmons, Mayor 78 Resolution 23-___ Page 2 ATTEST: DATE: Britt Avrit, MMC, City Clerk 79 City of Saratoga Proposed January 3, 2024 and July 1, 2024 Master Fee Schedule Fee Name Unit Current Fee Proposed Effective January 3, 2024 Proposed Effective July 1, 2024 ADMINISTRATIVE FEES General Fees Address Processing Fee Each $165 $165 $165 Council Candidate Fees Candidate Filing Fees Each $25 $25 $25 Candidate Election Statement Fee Deposit Actual Cost Actual Cost Actual Cost Copy/Duplication Fees B/W copy - letter/legal size Per Page $0.20 $0.20 $0.20 Color copy – letter/legal size Per Page $0.35 $0.35 $0.35 Electronic documents – letter/legal size Per Page $0.10 $0.10 $0.10 Audio/Video Tape/DVD/CD Each $20 $21 $22 Data Duplication – digital file Each Actual Costs Actual Costs Actual Costs Data Duplication – using Plotter Each Actual Costs Actual Costs Actual Costs Data Duplication – e-file copy on CD Each Actual Costs Actual Costs Actual Costs Duplicate Plan Sets Each Actual Costs Actual Costs Actual Costs All other duplication requests Each Actual Costs Actual Costs Actual Costs Recording Service Fee Base Each $150 $158 $162 Review and Processing Each Actual Costs Actual Costs Actual Costs Software Technology Fees 8.10%8.10%8.10% False Alarm Call Response 1st False Alarm Response Per Calendar Year No Charge No Charge No Charge 2nd False Alarm Response Per Calendar Year No Charge No Charge No Charge 3rd False Alarm Response Per Calendar Year $55 $55 $55 4th False Alarm Response Per Calendar Year $105 $105 $105 5th False Alarm Response Per Calendar Year $205 $205 $205 6th False Alarm Response Per Calendar Year $310 $310 $310 Each subsequent false alarm response Per Calendar Year $410 $410 $410 Late Fees Monthly interest on delinquent general billings/accounts receivable Per Month 1%1%1% Garbage Collection Service Late Fee Charges Lien Administrative Charge Each $100 $100 $100 Special Assessment Each $50 $50 $50 Notary Fee (AB2217, effective January 1, 2017)Per Signature $15 $16 $16 Notification Services N / A Actual Costs Actual Costs Actual Costs Postage & Mailing Each Actual Costs Actual Costs Actual Costs Hardcopy City Documents City Code Each Actual Costs Actual Costs Actual Costs City Budget Each Actual Costs Actual Costs Actual Costs Annual Comprehensive Financial Report (ACFR)Each Actual Costs Actual Costs Actual Costs General Plan Each $45 $48 $49 General Plan Map Each $15 $16 $16 Saratoga’s Heritage Book Each $20 $21 $22 Zoning Map Each $20 $21 $22 Zoning Ordinance Each $15 $16 $16 Village Plan Each $7 $7 $8 Village Designs Guidelines Each $5 $5 $5 Parks & Trails Master Plan Each $5 $5 $5 Standard Details Each $5 $5 $5 Subdivision Ordinance Each $5 $5 $5 Replacement Check / Reissue Fee First Check replacement Each No charge No charge No charge Subsequent requests Each $25 $25 $25 Replacement Facility Key/Access Card Fee Each $50 $53 $54 Research Fee Each Actual Costs Actual Costs Actual Costs Returned Check Charge 1st insufficient funds check occurrence Each $25 $25 $25 Subsequent occurrences Each $35 $35 $35 Exhibit A Page 1 of 10 80 City of Saratoga Proposed January 3, 2024 and July 1, 2024 Master Fee Schedule Fee Name Unit Current Fee Proposed Effective January 3, 2024 Proposed Effective July 1, 2024 Tobacco Retailer New permit application Each $105 $111 $114 Permit renewal Each $55 $58 $59 Business Licenses Penalties for delinquent applications and renewals Within 30 days after due date % of tax 10%10%10% Exceeding 30 days after due date % of business license tax 100%100%100% Business License Taxes Contractor / Subcontractor Base tax, plus Each $45 $45 $45 15% of building permit fee % of Building Permit Fee 15%15%15% Jukebox per jukebox $50 $50 $50 Theatrical Performance Annual per year $100 $100 $100 As needed per performance $10 $10 $10 Delivery Services per business $100 $100 $100 Vending Machines Cost of .25¢ or less per machine $25 $25 $25 Cost of .26¢ to $1.00 per machine $45 $45 $45 Cost of .26¢ to $2.00 per machine $55 $55 $55 Cost of .26¢ to $3.00 per machine $65 $65 $65 Cost of .26¢ to over $3.00 per machine $75 $75 $75 Home Occupation per occupation $100 $100 $100 Amusement Device per device $50 $50 $50 Commercial Photography Movies/Videos on City Property per day $500 $500 $500 Movies/Videos not on City Property per day $250 $250 $250 Still Photography on City Property per day $50 $50 $50 Still Photography not on City Property per day $25 $25 $25 Property Leasing Commercial properties Base tax, plus per year $100 $100 $100 Square footage tax (maximum of 72,000 sq. ft.)per square foot $3 $3 $3 Residential properties Base tax, plus per year $100 $100 $100 Unit tax (maximum of 40 units)per unit $5 $5 $5 Circuses & Carnivals (Fairs)per day $250 $250 $250 Personal Escort Services or Bureaus Base, plus per year $500 $500 $500 Employee tax per employee $100 $100 $100 Security alarm services per MC 4-06.110 Base tax, plus per year $100 $100 $100 Service address tax (maximum of 40 addresses)per service address $5 $5 $5 Non-Profit Business N / A N / A N / A All Other Businesses Base tax, plus per year $100 $100 $100 Employee tax per employee $10 $10 $10 State Fee Per Business License $4 $4 $4 FINANCE Business Licenses Processing Fees (Non-Refundable) a. New application Each $35 $37 $38 b. Application renewal Each $20 $21 $22 c. Address change or correction / Duplicate Certificate Each $15 $16 $16 e. Business license listing Each $35 $37 $38 Exhibit A Page 2 of 10 81 City of Saratoga Proposed January 3, 2024 and July 1, 2024 Master Fee Schedule Fee Name Unit Current Fee Proposed Effective January 3, 2024 Proposed Effective July 1, 2024 PLANNING Planning Permits Tree Removal Permit Tree Removal Permit Each $130 $137 $141 After-the-Fact Tree Removal Permit (Up to 3 trees)Flat $568 $600 $614 After-the-Fact Tree Removal Permit (More than 3 trees)Actual Cost Actual Cost Actual Cost Actual Cost Planning Fees Appeals Appeal of Administrative Decision to Planning Commission per City Code Section 15-90.010 Each $500 $528 $541 From Planning Commission to City Council per City Code Section 15-90.020 or other appeals per City Code Section 2-05.030 Each $700 $739 $757 Application Extension Fee Each $1,340 $1,415 $1,449 Planning Services Annexation Annexation Request Deposit $5,000 $5,000 $5,000 Waiver Request Each $486 $513 $525 City Attorney Services Actual Costs Actual Cost Actual Cost Actual Cost Noticing Services (Mailing List) Actual Costs Actual Cost Actual Cost Actual Cost Final Planning Inspections Each $179 $190 $194 Technical Review Application (up to 3 reviews)Each $1,032 $1,090 $1,116 Special Reports and Studies Actual Costs Actual Cost Actual Cost Actual Cost Traffic and Economic Studies/Other Special Reviews Actual Costs Actual Cost Actual Cost Actual Cost Williamson Act Contract Application or Contract Cancellation Deposit $5,000 $5,000 $5,000 Zoning Ordinance Amendment Deposit $3,500 $3,500 $3,500 Complex Project Fee Actual Costs Actual Cost Actual Cost Actual Cost General Plan Services General Plan Amendment Deposit $3,500 $3,500 $3,500 Pre-Development Application Services Pre-Application Review Per Hour $416 $440 $450 Property Profile Each $105 $111 $114 Planning Application Reviews Conditional Use Permit Administrative Review Each $2,801 $2,957 $3,028 Planning Commission Review Each $4,490 $4,741 $4,855 Design Application Review Administrative Review Each $3,934 $4,155 $4,254 Planning Commission Review Each $6,915 $7,303 $7,477 Environmental Application Review Department of Fish & Game EIR Fee per AB 3158 Actual Costs Actual Cost Actual Cost Actual Cost Department of Fish & Game Negative Declaration Fee Actual Costs Actual Cost Actual Cost Actual Cost Environmental Assessment Fee Deposit $1,500 $1,500 $1,500 Mitigated Negative Declaration Fee Actual Costs Actual Cost Actual Cost Actual Cost Environmental Impact Report Administrative Fee Actual Costs Actual Cost Actual Cost Actual Cost Monitoring of Mitigation Measures Actual Costs Actual Cost Actual Cost Actual Cost Fence Exception – Application & Permit Planning Commission Review Each $1,840 $1,943 $1,989 Exception – Application & Permit Planning Commission Review Each $1,840 $1,943 $1,989 Heritage Preservation Application & Reviews Mills Act Application Actual Costs Actual Cost Actual Cost Actual Cost Historic Compliance Review Each $781 $825 $844 Application for Designation No Charge No Charge No Charge No Charge Permit Application Fee No Charge $312 $330 $338 Appeal Fee No Charge $1,857 $1,961 $2,008 Exhibit A Page 3 of 10 82 City of Saratoga Proposed January 3, 2024 and July 1, 2024 Master Fee Schedule Fee Name Unit Current Fee Proposed Effective January 3, 2024 Proposed Effective July 1, 2024 Lot Adjustment – Application Review Application for Lot Line Adjustment Each $2,392 $2,526 $2,586 Application for Merger of Parcel Each $2,392 $2,526 $2,586 Application for Reversion to Acreage Each $2,392 $2,526 $2,586 Modification of Approved Application Review Each $2,318 $2,448 $2,507 Sign – Application Review Administrative Review Each $310 $327 $335 Planning Commission Review Each $1,840 $1,943 $1,989 Sound Wall Application Review Each $662 $699 $716 Temporary Use Application Review Administrative Review Each $435 $459 $470 Planning Commission Review Each $2,655 $2,804 $2,871 Tentative Map Subdivision – Application Review Base Fee, 4 or less Base $4,697 $4,960 $5,079 Each additional lot over 4 Base $5,794 $6,118 $6,264 Subdivision Final Map Deposit $7,648 $7,648 $7,648 Variance – Application Review Each $3,069 $3,241 $3,319 Water Efficiency Landscape – Application Review Deposit $2,500 $2,500 $2,500 Arborist Services Arborist Consultant Services/ Field Inspections Actual Costs Actual Cost Actual Cost Actual Cost Arborist Review Fee Deposit $1,000 $1,000 $1,000 Arborist Review of Tree Appeal Each $255 $269 $276 Tree Fines Penalty Penalty Penalty Penalty SB9 Urban Lot Split Each $4,047 $4,274 $4,376 Two Unit Development Each $5,246 $5,540 $5,672 Over the Counter (OTC) Minor (e.g., AC Units)Each $104 $110 $113 Major (e.g., Swimming Pool, Gazebo, etc.)Each $1,249 $1,319 $1,351 Other Services Certificate of Compliance Deposit $2,500 $2,500 $2,500 Geotechnical Review Deposit $5,000 $5,000 $5,000 Lot Line Adjustment Engineering Fees Deposit $2,500 $2,500 $2,500 Map Checking Fees Deposit $2,500 $2,500 $2,500 Traffic Review Fee Deposit $2,500 $2,500 $2,500 Stormwater Design Review Fee Deposit $2,500 $2,500 $2,500 City Surveyor Deposit $2,500 $2,500 $2,500 Vendor Surcharge Surcharge 18.75%18.75%18.75% Exhibit A Page 4 of 10 83 City of Saratoga Proposed January 3, 2024 and July 1, 2024 Master Fee Schedule Fee Name Unit Current Fee Proposed Effective January 3, 2024 Proposed Effective July 1, 2024 CODE COMPLIANCE Code Compliance Permits Animal – Kennel Permit Each $130 $137 $141 Animal – Horse Permit Each $130 $137 $141 Noise Exception Permit Each $55 $58 $59 Enforcement Fees & Penalties Administrative Citation Fee First Violation Per Day $105 $105 $105 Second Violation Per Day $205 $205 $205 Subsequent Violations Per Day $510 $510 $510 Administrative Citation Late Payment Penalty Within 30 days after due date % of Citation Fee 10%10%10% Exceeding 30 days after due date Each Month Thereafter 10%10%10% Notice of Code Violation Removal of Notice of Code Violation Each $510 $539 $551 Sign Retrieval Fees (per calendar year) First Occurrence N/A N/A N/A N/A Second Occurrence Per Sign $25 $25 $25 Subsequent Occurrences Per Sign $45 $45 $45 Sign Abandonment Actual Costs Actual Costs Actual Costs Actual Costs Sheriff Office Enforcement Fees Abandoned Vehicle Fee Each $255 $255 $255 General Fees Subpoena Summons Response Per Day Actual Cost + Travel Expense Actual Cost + Travel Expense Actual Cost + Travel Expense Appeals - Public Hearings Code Compliance Appeal Per Appeal $410 $433 $443 Business Regulation Permits Bingo Permit Application Fee Per Application $50 $53 $54 Circus and Carnivals(Fairs) Permit Application Fee Per Application $100 $106 $108 Clean Up Deposit Deposit $500 $500 $500 Firearms Sellers Permit Application Fee Per Application $300 $317 $324 Sellers Permit Renewal Fee Per Renewal $250 $264 $270 Massage Establishments Permit Application Fee Per Application $518 $547 $560 Permit for Managing Employee Per Person $350 $370 $378 Permit for Massage Practitioner Per Person $259 $274 $280 Examination Fee Per Person As set by the Examiner As set by the Examiner As set by the Examiner Background Investigation / Fingerprinting Per Person As set by the Sheriff As set by the Sheriff As set by the Sheriff Appeal Hearing - Permit Denial Per Appeal $500 $528 $541 Appeal Hearing - Permit Suspension or Revocation Per Appeal $1,036 $1,094 $1,120 Motion Picture Filming Permit Application Fee Per Application $345 $365 $373 Clean-up Deposit At the discretion of the Community At the discretion of the Community Events Official At the discretion of the Community Events Official Special Event Permit Application Fee Per Event $300 $317 $324 Clean Up Deposit Per Event $250 $264 $270 Exhibit A Page 5 of 10 84 City of Saratoga Proposed January 3, 2024 and July 1, 2024 Master Fee Schedule Fee Name Unit Current Fee Proposed Effective January 3, 2024 Proposed Effective July 1, 2024 BUILDING Building Permits Fees Valuation $1 to $2,000 Base $146 $154 $158 $2,001 base fee Base $146 $154 $158 Each additional $1,000 up to $25,000 Each Additional $14.83 $15.66 $16.04 $25,001 base fee Base $487 $515 $527 Each additional $1,000 up to $50,000 Each Additional $19.49 $20.59 $21.08 $50,001 base fee Base $975 $1,029 $1,054 Each additional $1,000 up to $100,000 Each Additional $9.75 $10.29 $10.54 $100,001 base fee Base $1,462 $1,544 $1,581 Each additional $1,000 up to $500,000 Each Additional $8.28 $8.75 $8.96 $500,001 base fee Base $4,776 $5,043 $5,164 Each additional $1,000 up to $1,000,000 Each Additional $9.16 $9.67 $9.91 $1,000,001 base fee Base $9,357 $9,881 $10,117 Each additional $1,000 up to $5,000,000 Each Additional $3.90 $4.12 $4.22 $5,000,001 base fee Base $23,392 $24,702 $25,292 Each additional $1,000 up to $10,000,000 Each Additional $2.60 $2.74 $2.81 $10,000,001 base fee Base $38,987 $41,170 $42,154 Each additional $1,000 Each Additional $1.30 $1.37 $1.41 Plan Check Fee % of Building Permit Fee 66%66%66% Photovoltaic Residential Roof Mount Actual Costs Actual Cost Actual Cost Actual Cost 15KW and above Per KW $15 $16 $16 Ground Mount Actual Costs Actual Cost Actual Cost Actual Cost Commercial 0-8 KW Each $612 $646 $662 9-48 KW Each $769 $812 $832 49 KW and above Each $1,763 $1,862 $1,906 Grading Permits Less than 100 Cubic Yards Base $510 $539 $551 Over 100 Cubic Yards Base Base $510 $539 $551 Each additional 100 Cubic Yards Each Additional $125 $132 $135 Plan Check Fee Each $545 $576 $589 Landslide Repair Permit At discretion of Building Official At discretion of Building Official At discretion of Building Official At discretion of Building Official MEP Permits Mechanical Permits - Heating and Air Conditioning Permits Minor Remodels, Residential/Commercial without associated building permitPer Sq Ft $0.16 $0.17 $0.17 Major Remodels, Residential/Commercial without associated building permit Actual Costs Actual Cost Actual Cost Actual Cost Miscellaneous permits without associated building permit Actual Costs Actual Cost Actual Cost Actual Cost Plan Check Fee % of Building Permit Fee 25%25%25% Electrical Permits Minor Remodels, Residential/Commercial without associated building permit Per Sq Ft $0.18 $0.19 $0.19 Major Remodels, Residential/Commercial without associated building permit Actual Costs Actual Cost Actual Cost Actual Cost Miscellaneous permits without associated building permit Actual Costs Actual Cost Actual Cost Actual Cost Plan Check Fee % of Building Permit Fee 25%25%25% Plumbing Permits Water Heater Replacement Each $80 $84 $86 Minor Remodels, Residential/Commercial without associated building permit Per Sq Ft $0.18 $0.19 $0.19 Major Remodels, Residential/Commercial without associated building permit Actual Costs Actual Cost Actual Cost Actual Cost Miscellaneous permits without associated building permit Actual Costs Actual Cost Actual Cost Actual Cost Plan Check Fee % of Building Permit Fee 25%25%25% Exhibit A Page 6 of 10 85 City of Saratoga Proposed January 3, 2024 and July 1, 2024 Master Fee Schedule Fee Name Unit Current Fee Proposed Effective January 3, 2024 Proposed Effective July 1, 2024 Building Inspection Services Other Inspection Fees Inspection Outside of Normal Business Hours Actual Costs Actual Costs Actual Costs Actual Costs Re-Inspection Fees Assessed Under Section 305(h) of the Uniform Administrative Code Actual Costs Actual Costs Actual Costs Actual Costs Inspections or plan review for which no fee is specifically indicated Actual Costs Actual Costs Actual Costs Actual Costs Permit Extension – prior to expiration Actual Costs Actual Costs Actual Costs Actual Costs Permit to Final (only if all inspections except final have been completed)Actual Costs Actual Costs Actual Costs Actual Costs Alternative Materials or Methods of Construction Request Actual Costs Actual Costs Actual Costs Actual Costs Duplicate Permit Card Actual Costs Actual Costs Actual Costs Actual Costs Stockpiling Permit Each $310 $327 $335 Re-check Plan Review Hourly $196 $207 $212 Other Charges Technology Surcharge Actual Costs 8.10%8.10%8.10% General Plan Update Fee % of Project Valuation 0.285%0.285%0.285% Penalties Building Without a Permit Penalty 2x Permit Fee 2x Permit Fee 2x Permit Fee Exhibit A Page 7 of 10 86 City of Saratoga Proposed January 3, 2024 and July 1, 2024 Master Fee Schedule Fee Name Unit Current Fee Proposed Effective January 3, 2024 Proposed Effective July 1, 2024 ENGINEERING Engineering Fees Engineering Design & Administrative Review Per Application $1,020 $1,077 $1,103 Improvement Plan Check Service Fee $0 First 50,000 Estimated Construction Cost base fee Base $7,589 $8,014 $8,206 Over 50,000 Estimated Construction Cost % of Estimated Const. Cost 2%2%2% Inspection Fees For Subdivisions & Building Site Improvements Two Times the Improvement Plan Check Fee 119%119%119% Tentative Subdivision Map, 1 lot Per Lot $2,550 $2,693 $2,757 Each Additional Lot Each Additional Lot $500 $528 $541 Engineering Permits Encroachment Permits Permit Application Fee for pipes, drains, conduits, utility service connections, routine O&M work by utility agencies, and permanent encroachments.Each $1,071 $1,131 $1,158 Major Repairs or Capital Improvements by Utility Agencies / Companies Up to $250,000 % of Estimated Const. Cost 10%10%10% Between $250,000 and $500,000 Base $24,324 $25,686 $26,300 Engineer's Estimate over $250,000 % of Estimated Const. Cost 18%18%18% Over $500,000 Base $89,367 $94,371 $96,627 Engineer's Estimate over $500,000 % of Estimated Const. Cost 3%3%3% Oversized Load Permit Each $25 $25 $25 Equipment Rentals Heavy Equipment, Vehicles, and Construction Tools & Equipment RentalsActual Cost Actual Cost Actual Cost Actual Cost Security Deposit To be determined by Fleet Manager To be determined by Fleet Manager To be determined by Fleet Manager To be determined by Fleet Manager Miscellaneous Tree Dedications 50% Actual Cost $1,445 $1,526 $1,563 Additional Public Works map checks, plan checks, or inspection servicesActual Cost Actual Cost Actual Cost Actual Cost Other Charges Technology Surcharge Actual Costs 8.10%8.10%8.10% Exhibit A Page 8 of 10 87 City of Saratoga Proposed January 3, 2024 and July 1, 2024 Master Fee Schedule Fee Name Unit Current Fee Proposed Effective January 3, 2024 Proposed Effective July 1, 2024 FACILITIES AND PARKS Civic Theater Security Deposit Deposit $500 $500 $500 Surcharge per ticket $2.55 $2.55 $2.55 Move In/Move Out/Rehearsal per hour - Four (4) hour minimum $25 $25 $25 Performances per hour - Four (4) hour minimum $80 $80 $80 Joan Pisani Community Center Security Deposit Deposit $500 $500 $500 Multi-Purpose Room w/Kitchen Per Hour $205 $205 $205 S. Ku Foundation Room Per Hour $180 $180 $180 Patio Room Per Hour $80 $80 $80 Arts & Crafts Room Per Hour $80 $80 $80 Dance Studio Per Hour $80 $80 $80 Garden Patio Per Hour $80 $80 $80 Conference Room Per Hour $80 $80 $80 Sr. Center Fireside Room Per Hour $80 $80 $80 Sr. Center Portable $80 $80 $80 Saratoga Prospect Center Grace Building Security Deposit Deposit $500 $500 $500 Large Room w/Kitchenette Per Hour $155 $155 $155 Conference Room Per Hour $80 $80 $80 Friendship Hall Security Deposit Deposit $500 $500 $500 Large Room w/Kitchenette Per Hour $205 $205 $205 Recreation Portable Security Deposit Deposit $500 $500 $500 Meeting Room Per Hour $80 $80 $80 Warner Hutton House Security Deposit Deposit $500 $500 $500 House & Garden Per Hour $205 $205 $205 PARKS Azul Park Picnic Area with Barbeque Per Hour $20 $20 $20 Horseshoe Pit Per Hour $20 $20 $20 Petanque Court Per Hour $20 $20 $20 Tennis Court Per Hour $20 $20 $20 Entire Park Rental (3 Hr. Minimum)Per Hour $105 $105 $105 Bellgrove Park N / A N / A N / A Beauchamps Park Tennis Court Per Hour $20 $20 $20 Brookglen Park N / A N / A N / A Congress Springs Park Picnic Area with Barbeque $20 $20 $20 El Quito Park Picnic Area with Barbeque Per Hour $20 $20 $20 Softball Diamond Per Hour $35 $35 $35 Horseshoe Pit Per Hour $20 $20 $20 Sand Volleyball Pit Per Hour $20 $20 $20 Entire Park Rental (3 Hr. Minimum)Per Hour $105 $105 $105 Foothill Park N / A N / A N / A Gardiner Park Picnic Area with Barbeque Per Hour $20 $20 $20 Heritage Orchard N / A N / A N / A Historical Park N / A N / A N / A Exhibit A Page 9 of 10 88 City of Saratoga Proposed January 3, 2024 and July 1, 2024 Master Fee Schedule Fee Name Unit Current Fee Proposed Effective January 3, 2024 Proposed Effective July 1, 2024 Kevin Moran Park Picnic Area with Barbeque Per Hour $20 $20 $20 Tennis Court Per Hour $20 $20 $20 Bocce Court Per Hour $20 $20 $20 Entire Park Rental Per Hour $105 $105 $105 Ravenswood Park N / A N / A N / A Wildwood Park Picnic Area with Barbeque Per Hour $20 $20 $20 Stage Per Hour $35 $35 $35 Horseshoe Pit Per Hour $20 $20 $20 Sand Volleyball Court Per Hour $20 $20 $20 Entire Park Rental (3 Hr. Minimum)Per Hour $105 $105 $105 Sports Fields Resident - Soccer Field Per Hour $40 $40 $40 Resident - Baseball Field Per Hour $35 $35 $35 Non-Resident - Soccer Field Per Hour $65 $65 $65 Non- Resident - Baseball Field Per Hour $55 $55 $55 Non-profit - Soccer Field Per Hour $30 $30 $30 Non-profit - Baseball Field Per Hour $20 $20 $20 OTHER RENTAL FEES Banner Fees Village Vertical Banners for 2 weeks $205 $205 $205 Saratoga – Prospect Center per week $310 $310 $310 Traffic Medians for 2 weeks $35 $35 $35 Community Garden Plot Rental Annual Plot Rental Per Year $90 $90 $90 Annual Water Fees Per Year $180 $180 $180 Age 55 and over; Annual Plot Rental Per Year $65 $65 $65 Age 55 and over; Annual Water Fees Per Year $180 $180 $180 Park Attendant Fee Each $205 $216 $216 MISCELLANEOUS FEES EV Charging Station Fees Regular Station per KwH Actual Costs Actual Costs Actual Costs DC Fast Charge Station per KwH Actual Costs Actual Costs Actual Costs Exhibit A Page 10 of 10 89 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:City Manager’s Office PREPARED BY:James Lindsay, City Manager SUBJECT:Formation of Cities Association of Santa Clara County Joint Powers Agency RECOMMENDED ACTION: Authorize the City Manager to execute an agreement creating the Cities Association of Santa Clara County Joint Powers Agency subject to non-substantive changes approved by the City Manager and City Attorney. BACKGROUND: In 1990 the cities and towns of Santa Clara County established the Cities Association of Santa Clara County (CASCC) to facilitate cooperation on issues of common interest. CASCC allows all 15 cities and towns in Santa Clara County to work together on regional issues, advocate at the county, regional and state levels, and provide a significant voice in policymaking in Sacramento. CASCC has offered county-wide symposia on topics such as housing and sustainability, provided technical assistance to city staff for Housing Element Updates, and provided feedback and endorsements for legislative bills under consideration. CASCC also serves as the City Selection Committee (“CSC”),a state-mandated entity charged with making appointments to various regional and local boards and committees such as the Bay Area Air Quality Management District, Local Agency Formation Commission, and the Metropolitan Transportation Commission. CASCC has been operating as an unincorporated association and is proposing to organize itself as a formal joint powers agency. This will make it a formal public agency which would provide greater public transparency in its operations and clarity regarding its tax status, availability of governmental immunities, and potential liability of the Members. The attached agreement would create the Cities Association of Santa Clara County Joint Powers Agency (“CASCC JPA”) which would operate as the CSC and carry out the work previously conducted by CASCC. The CASCC JPA would include all the cities that agree to sign the attached agreement. Each city and town in Santa Clara County will continue to participate in the CSC even if the city or town is not a member of CASCC. Appointments to the local boards and committees will be based on majority votes of the city/town CSC representatives. 90 The CASCC JPA would be governed by a board consisting of one councilmember (or mayor) from each member agency. Day-to-day operations would be governed by an Executive Committee of 3 or 5 members depending on the total number of member agencies. (If there are fewer than 9 member agencies there would be no Executive Committee.) CASCC has historically been funded by membership dues and that would continue with the JPA. CASCC’s FY 23-24 budget is provided as Attachment B. The FY 23-24 membership dues for each agency is provided as attachment C Saratoga’s annual dues this fiscal year are $8,698.00. Members are allowed to withdraw from the agency upon 6 months’ notice but must cover their share of all debts, liabilities, and obligations incurred or accrued by the agency through the end of the current fiscal year together with their share of any longer term obligations entered by the JPA. Although the attached agreement has been through several rounds of review by the cities and towns and their counsel it is possible that minor changes will be proposed as a result of city/town Council consideration of the formal agreement. For that reason this staff report recommends that the City Manager be authorized to sign a final agreement that differs from the attached if the Manager and the City Attorney agree that the change is non-substantive. ATTACHMENTS: Attachment A – Proposed Joint Powers Agreement for the Cities Association of Santa Clara County Attachment B –FY 23-24 budget Attachment C – FY 23-24 membership dues 1699941.1 91 1 JOINT POWERS AGENCY AGREEMENT FOR CITIES ASSOCIATION OF SANTA CLARA COUNTY This Joint Powers Agreement (“Agreement” or “JPA”) for the Cities Association of Santa Clara County is entered into by and among the cities (“Members”), which are organized and existing under the Constitution and laws of the State of California in which public agencies are located in the County of Santa Clara, and upon approval and full execution of the Agreement, creates the Cities Association of Santa Clara County Joint Powers Agency (“Agency”). RECITALS WHEREAS, Articles 1 and 2, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permit two or more public agencies by agreement to jointly exercise powers common to the Members; and WHEREAS, the public agency Members executing this JPA are cities or towns within the jurisdiction of the County of Santa Clara (“County”); and WHEREAS, the Cities Association of Santa Clara County has existed as an unincorporated association since 1990 and desires to formalize the relationship between its City and Town members and form a Joint Powers Agency in order to carry out activities for the good of all its Members; and WHEREAS, the Members executing this Agreement, desire to join together to create a separate Joint Powers Agency for the purpose of promoting cooperation among the Members; advocating for positive action; enhancing the quality of life for the residents of the County and their individual cities; and encouraging other joint and cooperative endeavors among the public agencies for their mutual benefit. NOW, THEREFORE, the Parties agree to the following: AGREEMENT ARTICLE 1 - DEFINITIONS 1.1 “Associate Member” shall mean any non-city local agency, located within jurisdictional authority of the County of Santa Clara, and shall have duly executed and delivered to the Agency an Associate Membership Agreement in the form of and as further provided in the Bylaws of the Agency, as further provided in Article 32 herein. 1.2 “Agency” shall mean the Cities Association of Santa Clara County Joint Powers Agency created by this Agreement. 1.3 “Board of Directors” or “Board” shall mean the governing body of the Agency. 1.4 “Executive Committee” shall mean the Executive Committee of the Board of Directors of the Agency. 92 2 1.5 “Fiscal Year” shall mean that period of twelve (12) months which is established by the Board of Directors or the Bylaws as the fiscal year of the Agency, which shall run from July 1 to June 30 of each year. 1.6 “Government Code” shall mean the California Government Code, as amended. 1.7 “Joint Powers Law” shall mean Articles 1 and 2, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code, known as the Joint Exercise of Powers Act, as amended. 1.8 “Legislative Body” shall mean the legislative board of each Public Agency that is a Member of the Agency. 1.9 “Member” shall mean any city which has executed this Agreement and has become a member of the Agency. The complete list of Members is set forth in Exhibit “A” attached hereto and incorporated herein by this reference. 1.10 “Parties” shall mean Members or Associate Members who are party to this Agreement. 1.11 “Public Agency” shall mean public agency as defined in Government Code Section 6500, as amended. 1.12 Unless the context clearly requires otherwise, as used in this Agreement, words of the masculine, feminine or neutral gender shall be construed to include each other gender, when appropriate, and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Agreement and all the terms and provisions herein shall be construed to effectuate the purposes set forth and to sustain the validity of those purposes. ARTICLE 2 - CREATION AND PURPOSES 2.1 This Agreement is entered into by the Members in order to: 2.1.1 Review, study, develop consensus positions, and take action on issues of interest to Members; 2.1.2 Focus on local and regional matters that are important to our future; 2.1.3 Develop a common agenda for Santa Clara County cities; 2.1.4 Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government; 2.1.5 Establish and administer the City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law; 2.1.6 Serve as a source of education, information, and networking for officials from all cities in Santa Clara County; 93 3 2.1.7 Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities; 2.1.8 Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members; 2.1.9 Strengthen the Members’ and Agency’s standing at the regional, State and Federal level; 2.1.10 Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County; 2.1.11 Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems; 2.1.12 Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and 2.1.13 Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes. ARTICLE 3 - PARTIES TO AGREEMENT Each Member, as a Party to this Agreement, intends to and does contract with all other Members as Parties to this Agreement and, with other Public Agencies as may later be added as Parties to this Agreement pursuant to the Joint Powers Law. The withdrawal of any party from this Agreement, pursuant to Article 20, shall not affect this Agreement or the remaining Members’ obligations. ARTICLE 4 – FORMATION; TERM This Agreement shall become effective when fully executed and returned to the Agency by at least eight (8) Members, but only as to those Members that have executed the Agreement. The Agency shall promptly notify all Members in writing of the effective date. After one full year after the initial formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal of Members and the membership level remains at below seven (7) Members for a period of at least one (1) year and a similar joint powers authority, with the same or similar powers and functions is formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name and permit the new organization to take on the name of the Agency. Notwithstanding the name change, this Agreement shall continue in effect until terminated as provided herein. The termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Agency shall not operate to terminate this Agreement with respect to the remaining Members. ARTICLE 5 - CREATION OF THE AGENCY Pursuant to the Joint Powers Law, there is hereby created a public entity, separate and apart from the Parties hereto, to be known as the “Cities Association of Santa Clara County Joint Powers 94 4 Agency” with powers as are set forth herein. Upon formation of the Agency as described in Article 4, the Cities Association of Santa Clara County, an unincorporated association shall follow the process of dissolution and cease to exist. ARTICLE 6 - POWERS OF THE AGENCY 6.1 Subject to the terms of this agreement, the Agency shall have all of the powers of a public agency as defined in the Government Code Section 6500 as amended and all additional powers set forth in the Joint Powers Law and other statutes applicable to the Joint Powers Agency created hereby and is authorized to do all acts necessary for the exercise of these powers on behalf of its Members. Powers include, but are not limited to, the following, in the Agency’s own name: 6.1.1 To make and enter into contracts; 6.1.2 To incur debts, liabilities, and obligations and to encumber personal property; 6.1.3 To acquire, hold, or dispose of personal property, contributions, and donations of personal property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities; 6.1.4 To sue and be sued in its own name, and to settle any claim against it; 6.1.5 To receive and use contributions and advances from Members as provided in Government Code Section 6504, as amended including contributions or advances of personnel and equipment; 6.1.6 To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5, as amended; 6.1.7 To acquire, construct, manage, maintain, or operate title to personal property, or rights, or any interest therein; 6.1.8 To retain the services of agents, contractors, and consultants; 6.1.9 To receive, collect, and disburse monies; 6.1.10 To conduct studies, tests, evaluations, and similar activities; 6.1.11 To contract for services from Members, including in-kind services; 6.1.12 To conduct public outreach and education; 6.1.13 To participate in pilot and demonstration projects; 6.1.14 To charge for services, programs, and/or systems; 6.1.15 To work with elected officials and local, regional, state, and federal agencies, including other joint powers agencies and unincorporated associations to pursue funding, enter agreements and otherwise carry out the purposes of the Agency; and 95 5 6.1.16 Subject to this Agreement or the Bylaws of the Agency, and only as authorized by the Joint Powers Law, to exercise other reasonable and necessary powers in furtherance or support of any purpose of the Agency. ARTICLE 7 - RESTRICTIONS ON POWERS 7.1 Pursuant to and to the extent required by Government Code Section 6509, as amended, the Agency shall be restricted in the exercise of its powers and shall exercise its powers in the same manner as the Town of Los Gatos is restricted in its exercise of similar powers; provided that, if the Town of Los Gatos shall cease to be a Member, then the Agency shall be restricted in the exercise of its power in the same manner as another Member agreed to by the majority of the Board of Directors. Unless expressly provided for, the Agency does not, by virtue of this Section or this Agreement, subject itself to the internal policies or ordinances of any Member. 7.2 The Agency shall not have the power of eminent domain. 7.3 The Agency shall not have the power of taxation. The Agency may not impose taxes but may receive the proceeds of taxes imposed by other entities or public funds from other entities. 7.4 The Agency shall not have the power to acquire, purchase, hold or dispose of real property. 7.5 The Agency shall not have the power to hire employees. 7.6 The Agency shall not have the power to issue debt. ARTICLE 8 - BOARD OF DIRECTORS 8.1 The Agency shall be governed by the Board of Directors, which shall be composed of one Director representing each Member. Each Member’s Legislative Body, according to its own procedures, shall appoint a Member of the Legislative Body as a Director to represent the Member on the Board of Directors. The Director shall serve at the pleasure of their respective Legislative Body. The Legislative Body of each Member shall also appoint one alternate Director (“Alternate”) who shall participate in and vote at any meeting of the Board when the primary Director is absent. Any vacancy in a Director or Alternate position shall be filled by the appointing Member’s Legislative Body, subject to the provisions of this Article. Immediately upon admission of a new Member, the new Member shall be entitled and required to appoint a Director and one alternate Director. Every Director or Alternate shall be a Council Member or Mayor of their individual Member city. 8.2 A Director and/or Alternate shall be removed from the Board of Directors upon the occurrence of any one of the following events: (1) the Agency receives written notice from the appointing Member of the removal and/or replacement of the Director or Alternate; (2) the withdrawal of the Member from this Agreement; (3) the death or resignation of the Director or Alternate; (4) the Agency receives written notice from the Member that the Director or Alternate is no longer qualified as provided in the first paragraph of this Article 8; or as set forth in Article 21. 96 6 8.3 The Board of Directors shall have the following powers and functions: 8.3.1 Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Agency, either directly or by delegation to other bodies or persons; 8.3.2 The Board shall elect an Executive Committee, as provided in Article 11; 8.3.3 The Board shall be the policy setting body of the Agency; 8.3.4 The Board shall appoint or retain the services of necessary agents, consultants, or independent contractors in accordance with Article 14; 8.3.5 The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Agency. Adoption of the budget may not be delegated. The Board shall adopt their budget no later than the first April 30th following formation and then subsequently by April 30th of each successive year. The Board shall review, set, and adopt annual dues to be funded by Agency Members; 8.3.6 The Board shall receive, review and act upon periodic reports and audits of the funds of the Agency, as required under Article 16 of this Agreement; 8.3.7 The Board may adopt policies regarding personnel, conflicts of interest and other matters necessary or convenient for the efficient operation of the Agency; 8.3.8 The Board shall adopt a set of priorities and work plan for each fiscal year; and 8.3.9 Subject to the terms of this Agreement, the Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Agency. ARTICLE 9 – MEETINGS OF THE BOARD OF DIRECTORS 9.1 The Board of Directors shall hold at least one regular meeting each year. The Board of Directors shall fix by resolution, or in the Bylaws, the date, time, and location of each regular meeting. The Board or Executive Director, in consultation with the President of the Board as provided in Article 10 below, may call special meetings. 9.2 Each meeting of the Board of Directors, including without limitation, regular, adjourned regular and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. 9.3 The Agency shall require the Secretary/Treasurer or designee to take and maintain minutes of all regular, adjourned regular and special meetings. As soon as practicable after each meeting, the Secretary/Treasurer or designee shall forward to each Board Member, a copy of the minutes of the meeting. 9.4 A majority of the Members of the Board shall constitute a quorum for the transaction of business. Unless otherwise required by law, a vote of the majority of a quorum of the members 97 7 present at a meeting is sufficient to take any action, unless otherwise specified in this Agreement. However, less than a quorum may adjourn the meeting to a future date. 9.5 Each Member of the Board shall have one vote. ARTICLE 10 - OFFICERS The Board shall elect as Officers of the Agency President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President at its first meeting. Thereafter, except as may be otherwise provided in the Bylaws of the Agency, the Board shall elect the President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President, at the November Board of Directors meeting, or the first meeting held on or after November 1 of each year. Of the Officers, the President, and at least two other Officers, must also be members of the Board of Directors. The remaining Officers may be the elected or appointed Mayor or Council Member of any Member of the Agency regardless of whether they are on the Board of Directors. Each Officer shall assume the duties of his or her office upon election. If the President ceases to be a Member of the Board, the resulting vacancy shall be filled at the next meeting of the Board held after the vacancy occurs, or at a special meeting of the Board called to fill the vacancy. The President shall preside at and conduct all meetings of the Board. Should the Board President not be available then the highest-level Officer, who is a member of the Board of Directors, shall preside. If that individual is unavailable, then any Director appointed by the President may preside. The Board may appoint other officers as it considers necessary. The duties of the Secretary/Treasurer are set forth in Articles 16 and 17 of this Agreement. The Secretary/Treasurer shall be appointed by the Board of Directors and shall be eligible to serve as Secretary/Treasurer, as provided in the Joint Powers Law. ARTICLE 11 - EXECUTIVE COMMITTEE At such time as there are nine Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of three (3) Officers consisting of the President, First Vice President, and Secretary/Treasurer, which shall exist thereafter. At such time as there are 11 Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of five (5) Officers, with the addition of the Immediate Past President, which shall exist thereafter. Should the Immediate Past President no longer hold elected office then a Member at Large may be appointed by the Board to serve on the Executive Committee. The qualifications of the Member at Large are that they must be an elected or appointed Mayor or Council Member of a Member of the Agency but need not be on the Board of Directors. The terms of office of the Members of the Executive Committee shall be one year. The Executive Committee shall conduct the business of the Agency between meetings of the Board, exercising all those powers as provided for in this Article, or as otherwise delegated to it by the Board. The Executive Committee, subject to approval by the Board of Directors, shall exercise all powers or duties of the Board relating to the entering, approval and execution of agreements, leases, and other instruments of or relating to the finances of the Joint Powers Agency within the previously 98 8 approved annual budget or amended budget. The Executive Committee may have additional powers delegated to it by the Board, except for the adoption of the Agency’s annual budget. Any additional powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive Committee shall obtain approval from the Board before authorizing or conducting any investigations into the business of the Agency and before taking personnel action. These actions must be authorized by a majority vote of the Executive Committee. Each meeting of the Executive Committee shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. ARTICLE 12 - COMMITTEES The Board may establish committees, as it deems appropriate to conduct the business of the Agency or it may, in the Bylaws or by resolution, delegate this power to the Executive Committee by Resolution. Members of committees, except as otherwise stated in this Agreement, shall be appointed by the President. Each committee shall have those duties as determined by whichever Agency body created it or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its chairperson and shall report to and be directed by whichever entity created it. No more than one representative from each jurisdiction shall serve on each committee. Membership of any committee may consist in whole or in part of persons who are not members of the Board; provided that the Board may delegate decision-making powers and duties only to a committee, a majority of the members of which are Board Members. Any committee, except the City Selection Committee, in which a majority of the members are not Board Members may function only in an advisory capacity. The Legislative Action Committee shall be a permanent Committee of the Agency chaired by the Second Vice President and whose members shall be appointed by the Agency Members. Should there be no Second Vice President, the Legislative Action Committee shall be chaired by the First Vice President. All standing committees shall abide by the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. ARTICLE 13 – CITY SELECTION COMMITTEE The City Selection Committee is established pursuant to State law and the Agency shall administer the City Selection Committee as follows: The City Selection Committee shall be a permanent committee of the Agency, consisting of the Mayor of each City or Town, consistent with Government Code 50270, as amended. The Agency shall allow all cities in the County to participate in the City Selection Committee, whether or not they are members of the Agency. ARTICLE 14 – PROFESSIONAL SERVICES 14.1 The Board of Directors may contract with individuals or companies to provide the following services at the pleasure of the Board of Directors: 99 9 14.1.1 Executive Director. The Board shall contract with a consultant or independent contractor to fulfill the following duties of an Executive Director: manage the affairs of the Agency, subject to the general supervision and policy direction of the Board and the Executive Committee; oversee the day-to-day activities of the Agency; select and manage the activities of all consultants and independent contractors to the Agency; be responsible for required filings by the Agency with the State of California; prepare or delegate the preparation of all meeting notices, minutes, and required documentation of the Agency; prepare and propose an annual budget; prepare reports and recommendations for consideration by the Executive Committee or Board; be responsible for billing and collection of annual dues; maintain the records of the Agency; assist Local Agencies in the preparation and filing of applications for participation in the financing programs of the Agency; expedite the processing of these applications; pay all invoices, taxes and amounts due; and perform other duties as are assigned by the Board and Executive Committee. The Executive Director may have the authority to sign agreements, applications, and other documents on behalf the Agency, if authorized by the Board or Executive Committee. The Executive Director shall have the Authority to enter into individual Agreements with a single vendor over the course of a fiscal year, on behalf of the Agency, up to the amount set by the Bylaws. 14.1.2 General Counsel. The Board shall contract with a consultant, independent contractor, or law firm to fulfill the duties of General Legal Counsel. The General Counsel shall take direction from the majority of the Board of Directors. The General Counsel shall be a member in good standing of the California State Bar. The General Counsel shall be responsible for the legal affairs of the Agency; 14.1.3 Auditor. The Auditor shall be a Certified Public Accountant licensed to practice in the State of California. The Auditor will conduct annual financial audits of the Agency; 14.1.4 Other services. The Executive Director may hire additional consultants and independent contractors, as appropriate, based upon a previously approved budget; 14.1.5 The Agency shall not contract with or become a member of the California Public Employees Retirement System (“PERS”), nor shall any agent, consultant or independent contractor of the Agency become a member of PERS or be entitled to a pension or retirement from PERS as a result of service to the Agency; and 14.1.6 The consultants and independent contractors fulfilling the duties of Executive Director, the Auditor, the General Counsel and any other consultants or independent contractors who provide services to the Agency shall be compensated in such manner as shall be approved by the Board and as permitted by applicable law. ARTICLE 15 - SIGNIFICANT PROGRAMS If the Board desires to create significant programs or activities which will utilize substantial resources of the Agency, it shall do so by a vote of the Board. If the Board deems it necessary, it may 100 10 appoint a working committee to study the significant program or activity and provide input to the Board. Substantial resources and significant program or activity shall be defined as any program or activity requiring $10,000 or more in annual expenditures; this amount shall be increased by the annual cost of living CPI index. Any new significant program or activity shall require a work plan and a two-thirds vote of the Members in order to be initiated. When a new significant program is intentionally designed to be limited in scope, such that it only provides benefits to particular Members, the Agency may enter into a specific program or project Agreement that includes relevant terms regarding the particular affected Members, and any such Agreement shall be approved by the Board prior to or at the same time as formation of the significant program. These limited scope Agreements shall be subject to approval by the Board by a two-thirds vote of the Members. ARTICLE 16 - ACCOUNTS AND RECORDS 16.1 The Agency shall adopt an operating budget pursuant to Section 8.3.5 of Article 8 of this Agreement. 16.2 The Secretary/Treasurer of the Agency or the Executive Director shall establish and maintain funds and accounts as may be required by good accounting practices and by the Board. Books and records of the Agency shall be open to and made available for inspection at all reasonable times upon request by authorized representatives of the Members. 16.3 The Agency shall adhere to the standard of strict accountability for funds and report all receipts and disbursements as set forth in the Joint Powers Law. 16.4 Auditor’s Report. The Auditor, within one hundred and twenty (120) days after the close of each Fiscal Year, shall give a complete written report of all financial activities for the prior Fiscal Year to the Board. 16.5 The Agency shall either make or contract with a Certified Public Accountant to make an annual Fiscal Year audit of all accounts and records of the Agency, conforming in all respects with the requirements of the Joint Powers Law. A report of the audit shall be filed as a public record and be provided to each of the Members, and with the County Auditor of the County of Santa Clara. Costs of the audit shall be considered a general expense of the Agency. Any costs of the audit shall be borne by the Agency and shall be a charge against any unencumbered funds of the Agency available for this purpose. ARTICLE 17 - RESPONSIBILITIES FOR FUNDS AND PROPERTY 17.1 The Secretary/Treasurer, or his or her designee, shall have the custody of and disburse the Agency’s funds. Proceeds of similar obligations of the Agency may be deposited with a trustee, agent or other depositary and shall not be considered the Agency’s funds for purposes of this Article. The Secretary/Treasurer may delegate disbursements to persons as may be authorized by the Board or the Executive Committee to perform that function, subject to the requirements of Section 17.2 below. 101 11 17.2 The Secretary/Treasurer or designee shall perform all functions then required to be performed by the Treasurer under the Joint Powers Law. The Secretary/Treasurer shall review the financial statements and the annual audit of the Agency. 17.3 Pursuant to Government Code Section 6505.1, as amended, the Executive Director, the Secretary/Treasurer, and other persons as the Board may designate, shall have charge of, handle, and have access to the property of the Agency. The Agency shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in a form specified by the Board of Directors, covering any officers or agents of the Agency who are authorized to hold or disburse funds of the Agency and any officers or agents who are authorized to have charge of, handle and have access to property of the Agency. ARTICLE 18 - MEMBER RESPONSIBILITIES 18.1 Each Member shall have the following responsibilities: 18.1.1 To appoint its Director and Alternate to, or remove its Director and Alternate, from the Board, as set forth in Article 8; 18.1.2 To consider proposed amendments to this Agreement as set forth in Article 29; 18.1.3 To make contributions in the form of annual membership assessments and fees, if any, determined by the Board for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement; and 18.1.4 If a Member provides written notice to the Agency of its election to relinquish its status as a Member, or if a Member fails to be represented at four (4) or more consecutive regular meetings of the Board of Directors, then that Member may be deemed to be a suspended Member, with all the rights and duties of an Associate Member, upon action of the Board of Directors duly adopted. Prior to the suspension, the President shall contact the Mayor and request that another Council Member be appointed or that reinstatement for the current Member be requested. The suspension shall be approved by the Board of Directors. Promptly following that action by the Board of Directors, the Member may be reinstated by informing the Board of its intent to be reinstated within thirty (30) days and to attend all future meetings either via the Director or Alternate. Removal of a Member for failure of the Director to attend meetings shall not relieve the Member from its obligations under any outstanding agreements relating to the Agency’s financial obligations, except in accordance with this Agreement. ARTICLE 19 - NEW MEMBERS With the approval of the Board, any city located within the County of Santa Clara may become a party as a Member to this Agreement. A city requesting membership shall apply by presenting to the Agency, a resolution of the Legislative Body of the City, evidencing its approval of this Agreement. The date that the applying city will become a Member will be determined by the Board. The Agency shall 102 12 accept new Members upon a majority affirmative vote of the entire Board and upon payment of any Board determined assessments and fees. ARTICLE 20 - WITHDRAWAL A Member may terminate its membership in the Agency at any time upon giving one hundred and eighty (180) days written notice of withdrawal to the Agency. The notice shall be given to the Board of Directors. The effective date shall be the conclusion of the first Board Meeting which occurs after the one hundred and eighty (180) day notice period has passed. Any Member who withdraws shall remain obligated to pay its share of all debts, liabilities, and obligations incurred or accrued through the end of the current fiscal year of the Agency. The withdrawal does not in any way impair any contracts, resolutions, indentures, or other obligations of the Agency then in effect. In the event of a disagreement between the Agency and the withdrawing Member as to whether the withdrawal shall cause the impairment of any contracts, resolutions, indentures, or other obligations of the Agency, the determination shall be made by a majority vote of the Board of Directors. Any Member that withdraws and later seeks reinstatement to the Agency shall provide funds to the Agency, proportionate to their responsibility for the current fiscal year, as if the Member had never left the Agency. A withdrawing Member shall, in all events, remain liable for its proportionate share of: (i) its full amount of its proportionate share of the adopted fiscal year budget; (ii) any call for funds or assessment levied by the Agency prior to the date it provides its notice of withdrawal; (iii) any contribution in existence at the time of the notice of withdrawal. ARTICLE 21 - REMOVAL If the Board of Directors determines that reasonable cause exists to remove a Director from the Board, it can remove the Director and request that the Member who appointed the Director appoint a new Director. The Board may, by two-thirds majority vote of the entire Board, remove a Member based on a Member's breach of any material term of this Agreement, and the failure to cure that breach within sixty (60) days written notice. A terminated Member shall remain liable for any obligation under this Agreement as described above. Failure to pay dues within 60 days following notice shall result in a Member becoming suspended with all the rights of an Associate Member. A suspended Member shall immediately have its voting rights restored upon full payment of dues. ARTICLE 22 - OBLIGATIONS OF AGENCY The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the Members. Any Member may separately contract for, or assume responsibility for, specific debts, liabilities, or obligations of the Agency. Nothing in this Agreement shall be interpreted to limit the applicability of the provisions of Government Code Section 895.6. 103 13 ARTICLE 23 - TERMINATION AND DISTRIBUTION OF ASSETS This Agreement may be terminated at any time that no financial obligations of the Agency are outstanding, with the approval of two-thirds of the Members. Upon termination of this Agreement, all assets of the Agency shall, after payment of all unpaid costs, expenses and charges incurred under this Agreement, be distributed among the parties to this Agreement, in accordance with the respective contributions of each of the Parties. ARTICLE 24 - LIABILITY OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS 24.1 The Members of the Board of Directors, Officers, and Committee Members of the Agency shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be individually liable for any mistake of judgment, or any other action made, taken, or omitted by them in good faith, nor for any act or omission by any agent, consultant or independent contractor selected with reasonable care, nor for loss incurred, resulting from any action made, taken, or omitted by them in good faith and with reasonable care through investment of Agency funds, or failure to invest. 24.2 No Director, Officer, or Committee Member shall be responsible for any act or omission of any other Director, Officer, or Committee Member. Unless otherwise required by law, no Director, Officer, or Committee Member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement. 24.3 The funds of the Agency shall be used to defend, indemnify, and hold harmless the Agency for any Director, Officer, or Committee Member, for their actions taken within the scope of the Agency. Nothing herein shall limit the right of the Agency to purchase insurance to provide coverage for these types of losses. 24.4 These indemnification and defense obligations shall survive the termination of the Agreement as to any acts or omissions occurring before such termination. ARTICLE 25 - INDEMNIFICATION To the fullest extent allowed by law, the Agency shall defend, indemnify, and save harmless the Members and their governing bodies, officers, agents and employees from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description directly or indirectly arising from the performance of any of the activities of the Agency or the activities undertaken pursuant to this Agreement. 104 14 ARTICLE 26 - BYLAWS The Board shall adopt Bylaws consistent with this Agreement which shall provide for the administration and management of the Agency. The provisions of the Bylaws, as modified from time to time, shall establish the operating procedures and standards for the Agency. ARTICLE 27 - NOTICES The Agency shall address notices, billings, and other communications to a Member as directed by that Member. Each Member shall provide the Agency with the email and physical address to which communications are to be sent. Members shall address notices and other communications to the Agency, at the office address of the Agency, or the email address of the Agency as directed by the Member and as set forth in the Bylaws. ARTICLE 28 - CODES The Agency shall adopt and observe a Code of Conduct and Conflict of Interest Policy. The Agency shall comply with all requirements of the Fair Political Practices Commission as required by law or regulation. ARTICLE 29 - AMENDMENT This Agreement may be amended at any time by vote of the Members, acting through their Legislative Bodies. Any amendment of this Agreement shall become effective upon receipt by the Agency of notice of the approval of the amendment by two thirds of the Legislative Bodies of the Members. ARTICLE 30 - SEVERABILITY Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected. ARTICLE 31 - PROHIBITION AGAINST ASSIGNMENT No Member may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member shall have any right, claim, or title to any part, share, interest, fund, or asset of the Agency. This Agreement shall be binding upon and shall inure to the benefit of successors of the Members. This Agreement is intended solely for the benefit of the 105 15 Agency and its Members. No third party shall be deemed a beneficiary of this Agreement or have any rights against the Agency or its Members. ARTICLE 32 - ASSOCIATE MEMBERS Any Public Agency located within the jurisdictional authority of the County of Santa Clara may, with the approval of the Board of Directors, become an Associate Member of the Agency by executing and delivering to the Agency an Associate Membership Agreement and providing an Associate Membership fee and as further provided in the Bylaws. An Associate Member shall not be entitled to representation on the Board of Directors, or to vote on any matter coming before the Board of Directors or the Agency, unless a separate written agreement is entered into between the Associate Member and the Agency. ARTICLE 33 - LIBERAL CONSTRUCTION The provisions of this Agreement shall be liberally construed as necessary or reasonably convenient to achieve the purposes of the Agency. ARTICLE 34 - NON-WAIVER No waiver of the breach of default of any of the covenants, agreements, restrictions, or conditions of this Agreement by any Member shall be construed to be a waiver of any succeeding breach of the same or other covenants, restrictions, or conditions of this Agreement. No delay or omission of exercising any right, power, or remedy in the event of a breach or default shall be construed as a waiver or a variation of any of the terms of this Agreement or any applicable agreement. ARTICLE 35 - REMEDIES FOR BREACH If any Member shall default on any obligation contained in this Agreement, the default shall not excuse any other Member from fulfilling its respective obligations under this Agreement. Any Member shall be entitled to pursue all legal and equitable remedies against another Member in response to any alleged default under this Agreement. Any and all of the remedies provided to the Members, hereunder or by law now or hereafter enacted, are cumulative and the exercise of one right or remedy shall not impair the Members to any other remedy. ARTICLE 36 - ARTICLE HEADINGS All article headings are for reference only and are not intended to define or limit the scope of any provision of this Agreement. 106 16 ARTICLE 37 - DISPUTE RESOLUTION 37.1 The Members agree that any dispute regarding the enforcement or interpretation of any term, covenant, or condition of this Agreement (“Dispute”) may first, for a period of not less than thirty (30) days, be submitted to mediation before a mutually acceptable mediator prior to initiation of litigation, or any other binding arbitration or adjudicative dispute resolution process. The Members shall: (i) mediate in good faith; (ii) exchange all documents which each believes to be relevant and material to the issue(s) in the Dispute; (iii) exchange written position papers stating their position on the Dispute and outlining the subject matter and substance of the anticipated testimony of persons having personal knowledge of the facts underlying the Dispute; and (iv) engage and cooperate in such further discovery as the Members agree or mediator suggests may be necessary to facilitate effective mediation. 37.2 Each Member shall bear its own costs, attorney’s fees, and expenses of the mediation. Venue of the mediation shall be a mutually agreeable city within Santa Clara County, California. ARTICLE 38 – INSURANCE If available, the Agency shall obtain insurance for all Members, appointed Members, and Committee Members, including, but not limited to, Directors and Officers liability insurance and general liability insurance containing policy limits in such amounts as the Board of Directors shall deem will be necessary to adequately insure against the risks of liability that may be incurred by the Agency. Insurance under this provision may include an insurance pool program. ARTICLE 39 - FILING WITH SECRETARY OF STATE The Executive Director of the Agency shall file a notice of this Agreement with the office of the California Secretary of State within thirty (30) days of its effective date, as required by Government Code Section 6503.5, as amended and within seventy (70) days of its effective date as required by Government Code Section 53051, as amended. ARTICLE 40 - COUNTERPARTS This Agreement may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the Members hereto. Facsimile and electronic signatures shall be binding. ARTICLE 41 - AGREEMENT COMPLETE This Agreement constitutes the full and complete Agreement of the parties and supersedes any prior written Agreement between the Members on the same topic. 107 Cities Association of Santa Clara County - Proposed Budget FY24 Proposed Budget Revenue Membership Dues $281,403.00 ABAG Grant $12,000.00 TOTAL REVENUE $293,403.00 Expenses Labor Executive Director $120,000.00 Clerk & IT Support $6,000.00 Bookkeeper $4,800.00 Legal Counsel $59,850.00 TOTAL LABOR $190,650.00 Office Insurance- Workman's Comp $901.00 Insurance- General Liability $5,000.00 Gusto (payroll service) $1,560.00 Union Bank Fees $36.00 Peninsula Storage Center $1,800.00 Verizon (Google Voice office phone) $364.00 PO Box $216.00 TOTAL OFFICE $9,877.00 Hospitality & Special Events Refreshments $1,800.00 Summer Membership Event $3,000.00 December Holiday Party $3,000.00 APPROVED MAY 11, 2023 108 TOTAL HOSPITALITY $7,800.00 Technology & Software Adobe (PDF tools) $306.00 Canva (graphics and templates) $117.00 Intuit (Quickbooks Online) $945.00 Microsoft $242.00 Proud City- CASCC Website $600.00 Proud City- SCSC Round Table Website $600.00 Zoom $1,022.00 TOTAL TECHNOLOGY $3,832.00 TOTAL EXPENSES $212,159.00 REVENUE LESS EXPENSES $81,244.00 109 Agenda Item No: ____6a_______ Meeting Date: April 13, 2023 Cities Association of Santa Clara County Agenda Report To: BOARD OF DIRECTORS Prepared by: Shali Sirkay, Executive Director TOPIC: CASCC 2023-24 Membership Dues SUBJECT: Vote on 2023-24 Membership Dues RECOMMENDATION: Approve keeping the CASCC membership dues the same in 2023-24 as they were in 2022-23. BACKGROUND: CASCC staff is currently working on developing a membership dues structure for the potential CASCC JPA which would take effect in the 2024-25 fiscal year. While staff is thus engaged, staff is recommending that CASCC not change the current dues for one more fiscal year (2023-24). The current dues are as follows: City Dues Campbell $ 11,215.00 Cupertino $ 15,785.00 Gilroy $ 14,609.00 Los Altos $ 8,698.00 Los Altos Hills $ 6,523.00 Los Gatos $ 8,698.00 Milpitas $ 19,665.00 Monte Sereno $ 6,523.00 Morgan Hill $ 11,693.00 Mountain View $ 21,415.00 Palo Alto $ 18,314.00 San Jose $ 55,231.00 Santa Clara $ 34,044.00 Saratoga $ 8,698.00 Sunnyvale $ 40,292.00 110 Cities Association of Santa Clara County April 13, 2023 Agenda Item 6a: 2023-24 Membership Dues Page 2 of 2 RATIONALE: Extending the same dues schedule for one more fiscal year would: • Allow Staff to focus on developing a thoughtful, appropriate and equitable membership dues formula. • Minimize the disruptions caused by changing the dues twice in two consecutive years. • Align with the budget process that the cities undertake, which starts at the end of the calendar year for many cities. • Give CASCC board members ample time to discuss the proposed JPA dues structure with their city councilmembers and city staff. FISCAL IMPACT: Staff has confirmed with CASCC bookkeeper that CASCC will have enough money to operate for another year if the dues remain the same. Thus, there should be minimal fiscal impact on the CASCC budget. Staff will present the budget for 2023-24 at the May 11, 2023 board meeting. OPTIONS: The Board of Directors has the following options to consider on this matter: 1. Staff’s recommended action to approve keeping the dues the same in 2023-24. 2. Direct staff to return with more information. 3. Take no action, which would mean that the dues will be voted upon at the May 11, 2023 board meeting at the same time as the budget. RECOMMENDED ACTION: Approve keeping the CASCC membership dues the same in 2023-24 as they were in 2022-23. 111 CASCC Joint Powers Authority Overview Presented by Hon. Margaret Abe-Koga Councilmember & Former Mayor, Mountain View Board President, CASCC Board of Directors 1 112 History of the CASCC Santa Clara County (SCC) is one of the few counties in California that has a large population (1.9 million) comprised of some of the smaller and larger cities in the state. The CASCC was formed in 1990 (and amended in 1995) to provide a collective voice for our county at the local, regional and state level. Since its formation, CASCC has operated as a non-governmental, unincorporated organization. CASCC continued to evolve and undertake projects of mutual interest and benefit to its members After consideration of various forms of legal structures, the CASCC Board of Directors voted unanimously selected a Joint Powers Authority as the preferred structure in August 2020. A Joint Powers Authority would address and clarify indemnification and liability, provide access to insurance and clarify the tax status of the organization 2 113 Examples of What We Accomplished Collectively Silicon Valley Clean Energy (SVCE) was created through a collaboration between CASCC member cities following an in- depth evaluation of the potential of Community Choice Energy. The single-use plastic bag ban ordinances passed by all 15 cities originated in the CASCC The Healthy Cities Dashboard came from a collaboration between the SCC Dept. of Public Health and CASCC. The Planning Collaborative has provided invaluable technical assistance to all of our cities for their Housing Elements. The depth and breadth of the technical assistance provided is more than what many of our cities are able to fund on their own. 3 114 Accomplishments (con’t) During the COVID-19 pandemic, the work of the CASCC resulted in a stronger partnership with our County. In recognition of its solid work, the CASCC was awarded the President’s Medal for Exemplary Service during the COVID-19 Pandemic by the SCC Board of Supervisors. Due to the ongoing efforts of our Legislative Action Committee (LAC), CASCC is seen as an important and significant voice in policymaking. Legislators often elicit feedback and endorsements from the CASCC, and look forward to speaking at our meetings. 4 115 What is a JPA (Joint Powers Authority)? Joint Powers Authorities are legally created entities that allow two or more public agencies to jointly exercise common powers. The Joint Exercise of Powers Act, as codified in California Government Code section 6500, governs Joint Powers Authorities. The Act allows two or more public agencies to form a separate legal entity. Forming a separate legal entity can be beneficial because the debts, liabilities and obligations of the JPA belong to that entity, and not to the contracting parties. 5 116 What is a JPA (con’t) The governing bodies of all the contracting public agencies must approve the agreement. To enter into a JPA, the public agencies must enter into an agreement. This agreement must state both the powers of the JPA and the manner in which it will be exercised. Only the contracting cities can approve the Joint Powers Agreement. Joint Powers Authorities must be registered with the State of California, but their authority and operations are governed by state law and rules of contract. Government Code requires accountability from JPAs, including regular audits. 6 117 Benefits of Forming a JPA Access to insurance which is not available to unincorporated entities Protection from liability for member agencies since the JPA will be a separate legal entity from the member agencies Clarification of tax status Ability to apply for regional and statewide grants Long term fiscal strategy that would help keep costs down while maximizing collaboration with external partners A structure that is familiar to the member agencies 7 118 Highlights of the Draft JPA (Joint Powers Agreement) Final decisions rest with the Board of Directors. Undertaking new projects or participating in new programs will only happen through a vote of the Board. The authority of Executive Board (renamed the Executive Committee) has been modified and more oversight and authority has been provided to the entire Board. The Joint Powers Agency is not authorized to hire employees, acquire property, exercise eminent domain or impose taxes. Professional Services are provided by independent contractors. The Joint Powers Agency may not become a member of CalPERS. The Joint Powers Agency will continue to administer the City Selection Committee, mandated by Gov’t Code 50270 et seq. 8 119 Budget and Membership Dues The budget process as currently set forth in the CASCC bylaws will not change. The yearly budget of the Joint Powers Agency will be developed using the same parameters as the current budget, namely the budget is an operational budget and will align with current CASCC finances, and therefore will not exceed those finances. The budget will not increase solely as a result of becoming a Joint Powers Agency Membership dues will continue to be based on the size of member cities. Should not all cities join the Joint Powers Agency, the dues of member agencies will not change; rather the Board will decide how to adjust the budget to align with CASCC's finances and priorities. 9 120 The Value of Membership in the CASCC A unified, collective voice to advocate for its member cities at the local, regional and state levels Equality of membership- one city one vote model Collective participation in projects (i.e. Nexus Study and Planning Collaborative) keeps costs down for individual members, including the City of Saratoga, as opposed to undertaking such a project on their own A forum for our councilmembers to learn from each other, as well as from highly-regarded consultants and community partners through various workshops and symposia on timely and important topics 10 121 Next Steps if the JPA is Approved All member cities will sign JPA (joint powers agreement) Dissolution of the unincorporated association Register Joint Powers Agency with the Secretary of State Draft new bylaws by reviewing existing CASCC bylaws Prepare personnel policy handbook which would include policies that apply to the organization’s independent contractors and Board members 11 122 Authorize the City Manager to execute an agreement creating the Cities Association of Santa Clara County Joint Powers Agency subject to non-substantive changes approved by the City Manager and City Attorney. Questions? 12 123 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Consultant SUBJECT:Automated License Plate Reader Pilot Review RECOMMENDED ACTION: Provide direction on Automated License Plate Reader pilot cameras. BACKGROUND: On February 2, 2022, the Saratoga City Council authorized a one-year Automated License Plate Reader (ALPR) pilot program consisting of seven cameras in partnership with Flock Safety. After establishing a lease agreement with Flock and securing the necessary approvals from the County Board of Supervisors to allow the Sheriff’s Office to operate the ALPR system, installation of the system was completed in August 2022, marking the start of the pilot.With the conclusion of the pilot period, information about the use of the ALPR system is being provided to City Council for direction regarding the seven pilot cameras. The City’s Flock Safety ALPR system captures images of vehicle license plates, then compares license plate numbers against law enforcement databases. If a plate matches a listing on a database, the system will alert the Sheriff’s Office so a deputy can be deployed to investigate. For example, vehicles reported as stolen or associated with a crime may result in an alert. Additionally, the Flock Safety ALPR system can help accelerate investigations by allowing the Sheriff’s Office to conduct a system search based on specific characteristics of a vehicle, including body type, make, color, and more. This can help the Sheriff’s Office pinpoint the location of a vehicle in the City as well as produce investigative leads when a suspect vehicle has no visible plates. The seven ALPR camera locations were selected in consultation with the Sheriff’s Office and Flock Safety. Locations either serve as an entry point to the City, where there is significant traffic flow, or were selected based on driving behavior observed by the Sheriff’s Office. The seven pilot camera locations include: 1.Saratoga-Sunnyvale Road at Prospect Road (capturing southbound traffic) 124 2. Saratoga Avenue at Kosich Drive (capturing southwest-bound traffic) 3. Saratoga Avenue at State Route 85 (capturing northeast-bound traffic) 4. Saratoga Avenue at State Route 85 (capturing southwest-bound traffic) 5. Quito Road at Pollard Road (capturing southbound traffic) 6. Fruitvale Avenue at State Route 9 (capturing northbound traffic) 7. Saratoga-Sunnyvale Road at Big Basin Way (capturing northbound traffic) A unique feature of the Flock ALPR system is the ability to receive data from ALPR Flock cameras on private property if enabled by the operator of the camera, such as those leased by homeowners or neighborhood associations. Current County policies prevent the Sheriff’s Office from researching the effectiveness of individual cameras. Consequently, the data provided by the Sheriff’s Office on the ALPR system includes the City pilot cameras and privately leased cameras sharing data with the City system. However, the Sheriff’s Office did report that the pilot cameras produce the most alerts. Between August 1, 2022, and August 31, 2023, the City’s ALPR system assisted the Sheriff’s Office with the following: 20 arrests 18 recovered stolen vehicles/plates 16 pursuits The ALPR system did not assist with any Amber Alerts and no data is available for clearance rates. Generally, the Sheriff’s Office observed that the ALPR system is a useful resource. In addition to the above data, Attachment A includes a comparison of crime rates during the pilot period and for the same timeframe prior to the pandemic (August 2018 to August 2019) as many communities, including Saratoga, saw significant changes in crime rates during the pandemic. Annual crime totals by calendar year from 2018 to 2023 is also provided in Attachment A. A summary of ALPR-related events that occurred in 2022 and 2023 is provided in Attachment B. Although installation of all seven pilot cameras was not complete until August 2022, some cameras were in place and being used prior to that date. As a result, the summary of events includes activity prior to August 2022. In addition to the pilot cameras, the City Council authorized Flock ALPR cameras as an allowable improvement for Landscaping and Lighting Assessment District zones in September 2022. As a result, the City is currently in lease agreement negotiations with Flock to assume responsibility for existing cameras in neighborhoods and install new cameras through the Landscaping and Assessment District process. Currently, this will result in the installation or transfer of 50 cameras to the City system. These cameras will remain in the City ALPR system until the property owners in these assessment zones decide otherwise, regardless of the Council’s decision on the pilot. Based on current negotiations with Flock, the annual lease amount for the 50 cameras funded through assessments and the seven pilot cameras is expected to be $2,500 per camera. ATTACHMENTS: Attachment A – Crime Data Attachment B – Summary of ALPR-Related Events Attachment C – Written Communications 125 Attachment A – Crime Data Table 1: Comparison of Pilot Year Crime and Pre-Pandemic Year Crime August 2018 – August 2019 August 2022 – August 2023 Difference Robbery 5 8 3 ⬇︎ Residential Burglary 90 81 -9 ⬆︎ Commercial Burglary 23 18 -5 ⬆︎ Vehicle Burglary 37 12 -25 ⬆︎ Grand Theft 31 46 15 ⬇︎ Auto Theft 17 11 -6 ⬆︎ Vandalism 27 21 -6 ⬆︎ Identity Theft 87 77 -10 ⬆︎ Domestic Violence 28 19 -9 ⬆︎ Assaults 8 13 5 ⬇︎ Sex Crimes 13 13 0 126 Table 2: Annual Crime Totals by Calendar Year 2018 – 2023 Crime 2018 2019 2020 2021 2022 2023* Robbery 5 2 3 5 5 5 Residential Burglary 72 78 49 56 75 45 Commercial Burglary 17 21 17 15 19 10 Vehicle Burglary 34 34 22 15 14 6 Grand Theft 23 31 43 36 51 27 Auto Theft 4 20 35 11 7 7 Vandalism 20 27 30 43 16 17 Identity Theft 76 67 76 68 76 51 Domestic Violence 21 25 21 22 17 13 Assaults 7 10 14 20 11 9 Sex Crimes 10 14 5 15 13 11 * Data for 2023 is January 2023 through August 2023 127 Attachment B – Summary of ALPR-Related Events 2022 Events Event Summary Disposition 22-189-0283 7/8/22, deputies received an ALPR hit for two stolen plates on a vehicle. Deputies located and stopped the vehicle. The driver was cooperative and complied with commands. A registration check revealed the driver was the current R/O of the vehicle and the "stolen" plates on the vehicle were registered to that vehicle which also matched the VIN. The driver told deputies he recently purchased and registered the vehicle, so he was not aware of the plates being reported stolen. Deputies explained the situation to the driver, and he understood. The driver was released from the scene. The plates were removed from the system. Vehicle with stolen plates located, STOLEN LICENSE PLATES RECOVERED, removed from system, driver released at scene. 22-204-0036 7/23/22, deputies received an ALPR notiflcation for a stolen vehicle. Deputies located and attempted to stop the vehicle, but the suspect driver did not yield. Stop sticks were successfully deployed and the suspect was apprehended without further incident. The vehicle was reported stolen from San Jose, and the suspect was also in possession of Methamphetamine and drug paraphernalia. The vehicle was released to the registered owner at the scene. The suspect was ARRESTED after pursuit and booked into the Main Jail without incident for vehicle theft and other drug related charges. 22-205-0105 7/24/22, victim reports suspects entered backyard of residence on Vessing Road and stole patio furniture valued at $4,631. The suspects showed up to the residence in a box truck and used that truck to steal the furniture. The truck’s license plate was not visible at night on the surveillance cameras at the victim’s residence but was visible and picked up by a nearby ALPR. With the plate information from the ALPR, detectives discovered the box truck was a stolen rental, and after some investigation, A WARRANT REQUEST sent to District Attorney's Office for grand theft for suspect, who was on probation for second degree burglary at the time of the crime. 128 were ultimately able to identify one of the suspects responsible for the theft. 22-222-0048 8/10/22, ALPR notiflcation for a vehicle with stolen plates. Deputies located the vehicle and determined the vehicle's plates were found, no longer stolen, placed back on the original vehicle they belonged to, but never cleared from the system. Vehicle with stolen license plate hit located, STOLEN LICENSE PLATES RECOVERED - determined no longer stolen, and removed from system. 22-222-0342 8/10/22, deputies received an ALPR hit for a wanted vehicle that was associated to strong-arm robberies in Glendale and Benicia. Deputies located the vehicle within minutes, fleld interviewed the vehicle's two occupants, and impounded the car and its contents. The occupants of the vehicle each had $6,000 on their person, likely stolen. FELONY WANT VEHICLE SEIZED, and the occupants were identifled. 22-255-0265 9/12/22, deputies received ALPR notiflcation for stolen plates on a white van (22-255-0166). Deputies later located the vehicle unoccupied in the McDonald's parking lot on Prospect Road, conflrmed the plates were reported stolen from San Jose, and recovered the stolen plates. Vehicle with stolen plates located, unoccupied, STOLEN LICENSE PLATES RECOVERED, removed from system. 22-261-0306 9/18/22, deputies received report of a missing Cupertino resident, who was out-of-town for the weekend, fiew into the San Jose airport, was expected home several hours earlier, and the cell phone was going straight to voicemail. Deputies conducted follow-up at the airport, determined the missing person left the airport by vehicle, and entered the vehicle's license plate into the ALPR system. That same night, deputies received an ALPR hit on the vehicle at Quito and Pollard Roads, responded to the area, and located and stopped the vehicle. Deputies determined that the driver of the vehicle was the person reported missing and took her home. Deputies FOUND MISSING PERSON, took her home and cleared the missing person entry from the system. 22-269-0072 9/26/22, Flock hit at Saratoga Avenue and Highway 85 for a stolen vehicle. Deputies located and stopped the vehicle and after some investigating, determined the driver was in lawful Deputies RECOVERED STOLEN VEHICLE and cleared from system. 129 possession of the vehicle which should have been previously removed from the stolen vehicle system. 22-272-0245 9/29/22, suspects followed the victim from a retail store to the victim's residence, entered the open garage of the victim's residence where the victim was unloading groceries from his vehicle. One of the suspects then pointed a flrearm at the victim, demanded the victim's Rolex watch and cash from the victim's wallet, to which the victim complied. The victim gave a good description of the vehicle. Using that information, the known time frame of the crime, and the ALPR system, deputies came up with the vehicle info/photo (cold-plated) and used for a trak fiyer. From trak fiyer, 211 suspect recognized by partner agency, ARRESTED in Oakland, transported and booked into Main Jail. 22-282-0148 10/9/22 deputies received an ALPR notiflcation for a stolen trailer driving northbound on Saratoga Avenue in the city of Saratoga. Deputies located and stopped the vehicle and determined the driver was the registered owner of the vehicle. The vehicle was reported stolen to Hollister, but the owner later located and recovered the trailer, but never notifled law enforcement. I removed the vehicle from SVS and released it to the owner. Deputies RECOVERED STOLEN VEHICLE and cleared from system. 22-290-0123 10/17/22, deputies stopped and recovered a stolen vehicle at Prospect Road and Lawrence Expressway after receiving an ALPR notiflcation. An investigation revealed a passenger in the vehicle was the owner of the car, which was previously reported stolen to Palo Alto but never cleared from the system. Deputies RECOVERED STOLEN VEHICLE and cleared from system. 22-291-0201 10/18/22, deputies received an ALPR hit for a stolen vehicle. The vehicle was located and stopped. In addition to possession of a stolen vehicle, the driver also had an outstanding warrant for prowling and was arrested and booked into Main Jail. The vehicle was returned to the registered owner. Suspect ARRESTED and deputies RECOVERED STOLEN VEHICLE. Vehicle was returned to registered owner. 130 22-298-0136 10/25/22, deputies received an ALPR hit for a vehicle reported stolen from Gilroy. The motorist was driving a loaner vehicle from a dealership. The dealership was contacted and claimed the situation was a misunderstanding. The vehicle was released to the driver and removed from the system. Deputies RECOVERED STOLEN VEHICLE and cleared from system. 22-301-0009 10/27/22, Flock hit received at Saratoga Avenue and Highway 85 for stolen vehicle. The vehicle was located a short time later parked in a nearby residential neighborhood with all lights off. As deputies approached, the vehicle fied, and a pursuit was initiated. Suspect(s) in the vehicle threw objects at the primary car in pursuit and the pursuit was terminated when the suspect drove against traffic. STOLEN VEHICLE LOCATED, vehicle fied from deputies out of city, pursuit was terminated in interest of public safety. 22-308-0009 11/3/22, a Flock hit was received at S. De Anza Boulevard and Prospect Road for a vehicle wanted pursuant to a felony (reckless evading and fraud) related to SVDPS. The vehicle was located on De Anza, deputies attempted to stop the vehicle, but the suspect driver did not yield and recklessly evaded until running out of gas on Hwy 85, where the suspect was taken into custody. Suspect ARRESTED after pursuit and booked into Main Jail on the felony affidavit, 2800.2 and 1203.2. 22-333-0026 11/28/22, deputies responded to stolen rear license plate hit from a Flock camera at Saratoga Avenue and Kosich Drive. Vehicle was located a short time later, traffic stop initiated, but suspect fied at high speeds, ran multiple red lights, and blacked out so pursuit was terminated in interest of public safety. STOLEN VEHICLE LOCATED, traffic stop attempted, but suspect vehicle did not yield, pursuit was initiated, and vehicle fied from deputies out of city. 22-362-0269 12/28/22, deputies responded to a Flock notiflcation for a stolen vehicle at Quito Road and Marshall Lane. The vehicle, which was involved in a 459 in Cupertino (22-362-0076), was located, and a traffic stop was attempted but the suspect did not yield and recklessly evaded until the pursuit was terminated in the interest of public safety. STOLEN VEHICLE LOCATED, traffic stop attempted, but suspect vehicle did not yield, pursuit was initiated, and vehicle fied from deputies out of city. 131 2023 Major Events Event Summary Disposition 23-007-0168 1/7, deputies received an ALPR hit for a stolen vehicle at Saratoga Avenue and Kosich Drive. The vehicle was located a short time later, and deputies attempted an enforcement stop, but the suspect driver did not yield and recklessly evaded. The suspect's vehicle eventually became disabled, and the suspect was detained without further incident. The suspect admitted to knowing the vehicle was stolen and also had an outstanding warrant for auto theft and was driving without a license. STOLEN VEHICLE LOCATED/RECOVERED after PURSUIT, and the suspect was ARRESTED and booked into Main Jail for warrant, auto theft, felony evading and unlicensed driving. 23-044-0325 2/13, deputies patrolling the area of Saratoga Avenue and Dagmar Drive located a motorist driving recklessly at a high rate of speed, before fieeing on Highway 85. The ALPR system was utilized to identify the vehicle, determine its distinct characteristics, and obtain partial plate information. Using that information, deputies were able to locate the vehicle on Big Basin Way. The suspect driver attempted again to fiee from deputies but was unable to. The suspect was cited for multiple mechanical and moving violations, and the vehicle was towed from the scene. ALPR used for INVESTIGATIVE LEAD and assisted deputies with identifying and locating the vehicle of a motorist driving recklessly. The suspect was ARRESTED, and ultimately cited and released. 23-047-0002 2/15, an ALPR hit was received for a vehicle with two stolen license plates at Saratoga Avenue and Kosich Drive. Deputies responded to the area, located the vehicle on Saratoga Sunnyvale Road, and initiated an enforcement stop, but the suspect driver did not yield and recklessly evaded into San Jose. The vehicle was found a short time later abandoned, a K9 unit was utilized, and the suspect's scent was tracked to a nearby school. Deputies were unable to locate any suspect(s). The suspect vehicle was conflrmed still outstanding and contained stolen property (more stolen license plates, disabled placard, Vehicle with STOLEN PLATES LOCATED/RECOVERED after PURSUIT, UTL suspect(s), numerous articles of stolen property recovered from vehicle, plates cleared from stolen vehicle system. 132 drug paraphernalia, mail, credit cards, and mail keys). The vehicle was towed from the scene and cleared from the system. 23-052-0151 2/21, an unknown suspect entered the Wells Fargo bank on Big Basin Way, and showed a teller a message on the suspect’s phone demanding money and stating he had a gun. The suspect fied the scene by vehicle after stealing approximately $8,077. The ALPR system was utilized to identify the vehicle the suspect was driving and determine its distinct characteristics, and then used that information to create and broadcast a BOL and an APB fiier for dissemination to other law enforcement agencies. ALPR used for INVESTIGATIVE LEAD and assisted deputies with identifying vehicle and distinct characteristics - that information was then used to create/broadcast BOL and APB fiier. Through these efforts - SUSPECT IDENTIFIED AND ARRESTED, robbery charges flled 5/4/23. 23-056-0047 2/24, deputies received an ALPR hit for a stolen vehicle at Quito Road and Marshall Lane. They responded to the area, located the vehicle, and attempted an enforcement stop, but the suspect driver fied, and a pursuit was initiated. Visual of the vehicle was eventually lost, and the pursuit was terminated. STOLEN VEHICLE LOCATED but lost during PURSUIT. 23-062-0392 3/3, deputies received a missing persons report for an individual with suicidal ideations. The ALPR system was utilized to conflrm the missing person left home by vehicle and a statewide BOL was issued. A missing persons report was created. The missing person eventually returned home, a 5150 hold was placed, and the MUPS entry and BOL were cleared from the system/cancelled. ASSIST WITH MISSING PERSON INVESTIGATION in determining person left by vehicle, and what vehicle. Info used for BOL. Missing person was eventually located/removed from system. 23-073-0098 3/14, deputies responded to an ALPR hit for a stolen heavy-duty trailer at Fruitvale Avenue and Saratoga Los Gatos Road and located the trailer at Saratoga and Cox Avenues. The vehicle w/trailer was stopped, and the trailer was conflrmed as still outstanding. But after further investigation, it was revealed that the victim reported the wrong trailer stolen and the two subjects detained were the victim's employees. They were released at STOLEN TRAILER LOCATED, but an investigation determined it was not actually stolen because the victim gave an incorrect plate when reporting it stolen. The trailer's information was 133 the scene, the trailer was cleared from the stolen vehicle system, and the victim/owner was advised to recontact the agency of jurisdiction with the correct information for the trailer that was actually stolen. removed from the stolen vehicle system. 23-076-0017 3/17, ALPR hit received for a stolen vehicle at S. De Anza Boulevard and Prospect Road. Deputies located and attempted to stop the vehicle, but the suspect did not yield, recklessly evaded, and the pursuit was ultimately terminated in the interest of public safety. STOLEN VEHICLE LOCATED, traffic stop and pursuit initiated but ultimately terminated in interest of public safety. 23-084-0158 3/25, deputies responded to an ALPR hit for a stolen vehicle at S. De Anza Boulevard and Prospect Road. The vehicle, which was previously stolen from San Jose, was located a short time later on Saratoga Los Gatos Road and a vehicle stop was attempted but the driver did not yield and recklessly evaded until crashing into other vehicles on Highway 17. The suspect was also in possession of drug paraphernalia, stolen mail, DLs, bank checks, vehicle titles, a notepad with PII not belonging to the suspect, in violation of the suspect's parole terms. The suspect resisted but was ultimately arrested and booked into Main Jail. STOLEN VEHICLE LOCATED/RECOVERED, pursuit initiated, suspect vehicle crashed, and suspect was ARRESTED and booked into Main Jail. Parole hold placed. Vehicle want cleared from system. 23-097-0338 On 4/7, deputies observed a suspicious vehicle with an obstructed plate parked on the side of the road on Glen Brae Drive and made an enforcement stop. Three occupants in the vehicle had ID cards from Argentina and Venezuela - no DL, but were in possession of walkie talkies, window punches, screw drivers and expensive vintage coins. It was determined that the license plate was altered. Using ALPR cameras, the vehicle was also later determined to be a rental associated to front business out of Los Angeles involving SATG suspects and the ID cards provided during the stop were fake, but detectives ID'ed suspects w/assistance from Customs and Border Patrol. Burglary tools case where SUSPECT VEHICLE IDENTIFIED using ALPR, three SUSPECTS IDENTIFIED. Case is still pending. 134 23-102-0238 Between 4/3 and 4/10, residence in the 20000 block of Cox Avenue was burglarized where a wallet and vehicle keys were stolen. Credit cards from the wallet were used to make fraudulent purchases out of Los Angeles. Detectives conducted follow-up, utilized ALPR cameras, and identifled the suspect vehicle as a rental from a known SATG front company out of Los Angeles. DOJ stopped was placed on the vehicle, which was later stopped in Hawthorne, CA and 5 suspects were identifled. Case is still actively being investigated. Residential burglary SUSPECT VEHICLE IDENTIFIED using ALPR, DOJ stop placed on vehicle, as a result, flve SUSPECTS IDENTIFIED. Case is still pending. 23-118-0282 4/28, deputies responded to an ALPR hit at Saratoga Avenue and Vineyard Lane for a vehicle with license plates previously stolen out of Garden Grove (Southern California). The vehicle was located and stopped. The driver was not deemed a suspect, as he was unaware his plates had been replaced with stolen ones. The license plates were removed from the vehicle, booked into evidence, and cleared from SVS. STOLEN LICENSE PLATES RECOVERED, booked into evidence, cleared from SVS. 23-122-0092 5/2, deputies responded to an ALPR hit for a stolen vehicle at Saratoga Avenue and Highway 85. The vehicle was located, and a stop was initiated near Saratoga Los Gatos Road and Westcott Drive, but the suspect did not yield and led deputies on a pursuit until the suspect lost control of the vehicle and crashed into a light pole. The suspect then fied from the vehicle, running across all lanes of traffic on Highway 85. The suspect started jumping fences but was ultimately detained after resisting. The suspect had three outstanding warrants for stolen property, failure to comply and violating supervised release terms. The suspect was arrested and booked into Main Jail. STOLEN VEHICLE LOCATED/RECOVERED, pursuit initiated, suspect vehicle crashed, suspect fied on foot but was eventually ARRESTED and booked into Main Jail for outstanding warrants and onview possession of stolen vehicle, controlled substance, and drug paraphernalia, in addition to felony reckless evading, non-injury hit and run, and resisting arrest. 135 23-122-0312 5/2, deputies responded to an ALPR hit for stolen plates on a vehicle at Saratoga Avenue and Kosich Drive. The vehicle was located, and a stop was initiated but the suspect recklessly evaded until crashing the car into four other vehicles on a freeway offramp, whereupon the suspect abandoned the vehicle and fied on foot. The suspect attempted to car jack nearby vehicles in the roadway but was unsuccessful. Deputies gave chase, one deputy got the suspect cornered, a struggled ensued and the suspect grabbed the deputies gun, racking a round out of the gun. The suspect was eventually arrested and booked into Main Jail. STOLEN VEHICLE LOCATED/RECOVERED, pursuit initiated, suspect vehicle crashed, suspect fied on foot but was eventually ARRESTED and booked into Main Jail for attempted carjacking, possession of stolen vehicle w/priors, felony reckless evading, false personation, identity theft, non-injury hit and run w/property damage, resist arrest, possession of controlled substance and drug paraphernalia. 23-149-0023 5/29, deputies stopped a motorist at Parker Ranch Road and Vista Arroyo Court for tinted windows and not displaying a registration tab on the vehicle’s rear license plate. Deputies utilized automated license plate readers and recognized the vehicle for its association with multiple mail thefts in Saratoga. The vehicle’s two occupants were contacted, and further investigation revealed the suspect driver and passenger were in possession of stolen mail, personal identifying information not belonging to either suspect, burglary tools, a stun gun, and Methamphetamine. Deputies also determined that the suspect driver was on parole and driving with a suspended license, while the suspect passenger had two outstanding warrants for charges related to theft. Both suspects were arrested and booked into Main Jail. ALPRs utilized to identify VEHICLE WANTED IN CONNECTION WITH MAIL THEFTS and stop resulted in both the suspect driver and passenger being ARRESTED. 136 23-154-0426 6/3, deputies responded to an ALPR hit for stolen plates on a vehicle at Saratoga Avenue and Kosich Drive. The vehicle was located, stopped and an investigation revealed the driver did not know someone had taken his plate and replaced it with a stolen one. The driver was released, and the plates were recovered and cleared from the SVS system. STOLEN LICENSE PLATES RECOVERED, booked into evidence, cleared from SVS. 23-163-0086 6/12, deputies responded to an ALPR hit at Saratoga Avenue and Highway 85 for a vehicle previously stolen from San Jose. The vehicle was located in the CVS parking lot at Quito and Saratoga, where the driver of the vehicle was detained after shoplifting from CVS. Deputies located misappropriated property inside the vehicle (DLs, debit and credit cards). Further investigation revealed the driver also had an outstanding warrant and the passenger was in possession of Methamphetamine. The stolen vehicle was recovered, cleared from SVS, and returned to its owner. The driver was arrested and booked into Main Jail, while the passenger was cited and released. STOLEN VEHICLE LOCATED/RECOVERED, suspect driver ARRESTED and booked into Main Jail for possession of a stolen vehicle, shoplifting, possession of misappropriated property, and outstanding warrant. Suspect passenger was cited and released for possession of Methamphetamine and misappropriated property, but a warrant for conspiracy as related to the stolen vehicle and shoplifting is also being pursued for the passenger. Vehicle was cleared from system and returned to the owner. 23-186-0196 7/5, deputies responded to an ALPR hit for a stolen vehicle at S. De Anza Boulevard and Prospect Road. The vehicle was located unoccupied a short time later on Big Basin Way. The registered owner was located nearby, and an investigation revealed the victim was unaware that suspect(s) swapped a license plate belonging to a stolen vehicle with the victim's plate. The stolen plate was recovered and entered into SVS pending recovery of stolen vehicle. STOLEN LICENSE PLATE RECOVERED and entered into SVS pending recovery of stolen vehicle. 137 23-199-0030 7/18, deputies responded to an ALPR hit for a stolen vehicle at Saratoga and Cox Avenues. Deputies located and attempted to stop the vehicle, but the suspect driver did not yield and recklessly evaded. The suspect attempted to run over deputies during the incident, but the vehicle was ultimately disabled, and the suspect driver and two passengers were detained. An investigation revealed the vehicle was previously stolen from San Jose and the suspect was in possession of drug paraphernalia, Fentanyl, and Methamphetamine. Further investigation revealed the suspect violated probation terms and had multiple outstanding warrants. The vehicle’s two passengers also had multiple outstanding warrants. All three were arrested. The suspect driver and one of the passengers were booked into Main Jail, while the other passenger was cited and released. STOLEN VEHICLE LOCATED, pursuit initiated, and three suspects were ultimately ARRESTED, one was cited and released while the other two were booked into Main Jail for multiple warrants and charges related to assault with a deadly weapon on a peace officer, reckless evading, possession of a stolen vehicle, controlled substances, and drug paraphernalia. 23-200-0258 7/19, deputies responded to an ALPR hit for a stolen vehicle at Quito Road and Marshall Lane. The vehicle was located a short time later and the vehicle’s driver and passenger were detained. An investigation revealed the vehicle was previously stolen from Ben Lomond and the suspects were in possession of Methamphetamine, drug paraphernalia, and mail packages stolen from a residence in the 14000 block of Sobey Road. Both suspects were arrested and booked into Main Jail. STOLEN VEHICLE LOCATED, suspect ARRESTED and booked into Main Jail for charges related to auto theft, narcotics violations and petty theft. The vehicle was towed from the scene and cleared from SVS. 23-202-0014 7/21, deputies responded to an ALPR hit for a vehicle with stolen license plates at Saratoga Avenue and Highway 85. Deputies attempted to stop the vehicle, but the suspect driver did not yield and recklessly evaded until the vehicle became disabled. An investigation revealed the license plates were previously stolen from San Jose and the vehicle was previously stolen from Milpitas. The suspect was detained, and further investigation revealed the suspect was also in possession of Methamphetamine and drug paraphernalia and was driving STOLEN VEHICLE LOCATED, pursuit initiated, suspect ARRESTED and booked into Main Jail. The vehicle was towed from the scene and cleared from SVS. 138 under the infiuence of narcotics. The suspect was arrested and booked into Main Jail. 23-205-0077 7/24, deputies responded to an ALPR hit for a stolen vehicle at Quito Road and Marshall Lane. The vehicle was located in a CVS parking lot occupied by two suspects who had just shoplifted but dropped the stolen merchandise after seeing deputies in the parking lot. The suspects took off in the vehicle and a traffic stop was initiated, but the suspect driver did not yield, recklessly evaded, and the pursuit was ultimately terminated in the interest of public safety. The suspect is unknown and at large. STOLEN VEHICLE LOCATED, traffic stop and pursuit initiated but ultimately terminated in interest of public safety. 23-206-0105 7/25, deputies responded to an ALPR hit for a vehicle wanted pursuant to a previous 245 case (evt# 23-202-0102 - a road rage incident that occurred on 7/21 where the suspect vehicle intentionally swerved into the victim vehicle breaking the driver side view mirror). The vehicle was located and stopped, and the suspect driver ultimately admitted to involvement in road rage incident. The suspect was interviewed by detectives and released at the scene. Pending supplemental report for case disposition. FELONY WANTED VEHICLE LOCATED, suspect driver identifled, interviewed, and released at scene (pending supplemental report for case disposition) 23-209-0100 7/28, deputies responded to an ALPR hit for a stolen vehicle at Saratoga Avenue and Highway 85. An investigation revealed the vehicle was previously stolen from San Jose and was still outstanding. Deputies located and attempted to stop the vehicle, but the suspect driver did not yield and recklessly evaded until crashing into a highway sound wall, at which time the suspect driver and passenger abandoned the vehicle and fied on foot. Both were apprehended a short time later. Further investigation revealed the suspect driver had a suspended license and the passenger violated terms of post release community supervision. STOLEN VEHICLE LOCATED, two suspects ARRESTED after pursuit, and booked into Main Jail for charges related to possession of a stolen vehicle, reckless evading, PRCS violation, resisting arrest and driving with a suspended license. The vehicle was towed and cleared from SVS. 139 23-240-0021 8/27, deputies responded to an ALPR hit for a vehicle with a lost/stolen plate. The vehicle was located, and deputies observed it was unable to maintain lane control. A vehicle stop was attempted for the stolen plate and possible DUI, but the suspect driver did not yield, recklessly evaded, and the pursuit was ultimately terminated. Vehicle with STOLEN LICENSE PLATE LOCATED, traffic stop and pursuit initiated but ultimately terminated in interest of public safety. 140 Subject:Online Form Submi.al: Council Comments Form Date:Wednesday, October 11, 2023 at 9:49:01 AM Mountain Daylight Time From:noreply@civicplus.com To:Chuck Page, Yan Zhao, Belal ANab, Tina Walia, Kookie Fitzsimmons, James Lindsay, Bri. Avrit, Crystal Bothelio, Leslie Arroyo CAUTION: This email originated from outside your organizaWon. Exercise cauWon when opening a.achments or clicking links, especially from unknown senders. Council Comments Form Your Name Dory Albert Phone Number Email Address Subject Field not completed. Comments Hi : I am the neighborhood watch lead for Gardiner Park. As a neighborhood, we have approved the Lights and Landscaping program to install four new Flock cameras (paid by our taxes) in our neighborhood. This is a great program . I am requesting that the city-funded Flock camera located on Saratoga Ave and 85 be moved closer to Dagmar (about 30-50 feet from where it is now closer to the Dagmar entrance ) That way, Dagmar (which has a history of vehicular break ins) will be more protected bc the Flock camera can tag any stolen cars en‐ tering that street. from this new location It also allows for a in‐ creased ﬂock coverage in Gardiner Park. Once the Saratoga Ave/85 ﬂock camera moves, I could relocate another neighbor‐ hood-paid ﬂock to different location adding another 50 plus homes to our Flock coverage umbrella. I am requesting that this location change to happen before or at the same time of our scheduled install of neighborhood-paid ﬂock cameras. (install date was pushed from July 1 and its TBD now due to a contract issue) City Council would just need to approve this request to go on the work order form to Flock. In addition to helping Dagmar residents , any criminal cars exit‐ ing Scotland and/or Via Monte could be tagged entering Dagmar or exiting to 85. Its an overall better Flock location. In addition to that request, it would be good to have an Additional Flock camera on 85 and Saratoga Ave on the other side of the overpass, closer to the Vineyards and Bellgrove. A NW lead might be requesting this same position. If the pilot Flock program has proved successful, please review Crystal's original Flock coverage plan (I think 17 cameras were proposed) and consider more entry/exit points in Saratoga having Flock cameras. Thank you . 141 Email Subscription Unsubscribe Email not displaying correctly? View it in your browser. 142 Automated License Plate Reader Pilot Program Review 143 1.Saratoga-Sunnyvale Road at Prospect Road (capturing southbound traffic) 2.Saratoga Avenue at Kosich Drive (capturing southwest-bound traffic) 3.Saratoga Avenue at State Route 85 (capturing northeast-bound traffic) 4.Saratoga Avenue at State Route 85 (capturing southwest-bound traffic) 5.Quito Road at Pollard Road (capturing southbound traffic) 6.Fruitvale Avenue at State Route 9 (capturing northbound traffic) 7.Saratoga-Sunnyvale Road at Big Basin Way (capturing northbound traffic) Pilot 144 •20 arrests •18 recovered stolen vehicles/plates •16 pursuits Includes seven pilot cameras and private cameras sharing data with City system Impact 145 146 SARATOGA CITY COUNCIL MEETING DATE: October 18, 2023 DEPARTMENT: City Manager’s Department PREPARED BY: Leslie Arroyo, Assistant City Manager SUBJECT: Resolution Supporting Initiative Constitutional Amendment to Protect Local Land Use Control RECOMMENDED ACTION: Consider Resolution Supporting Initiative Constitutional Amendment to Protect Local Land Use Control. BACKGROUND: On September 18, 2023, a proposed statewide initiative was filed with the Attorney General. The proponents’ website calls the measure the “Our Neighborhood Voices” Initiative. The Attorney General of California has titled the initiative, “Limits State’s Ability to Set Statewide Land-Use and Housing Policy. Initiative Constitutional Amendment.” The initiative provides that local laws automatically override conflicting state land-use and zoning laws (including affordable housing laws) unless such state laws address specified statewide concerns. For state laws enacted after 2016 to prevail over local laws, they must include specific findings of statewide concern, which may require recent laws to be re-enacted or amended. A copy of the initiative is included in Attachment A. The initiative makes numerous findings regarding the need for the constitutional amendments it proposes. These include: • Local government is best able to consider all the requisite factors and make the difficult land use planning and zoning decisions to ensure that new development is supported by the infrastructure and utilities required to maintain appropriate levels of public services, including police and fire services, parklands and public open spaces, transportation, parking, and schools. • The specific needs and challenges facing every California community vary greatly and therefore require significant input and leadership from local government to achieve best outcomes on land use planning and zoning issues Proponents have 180 days to collect signatures for the initiative to qualify for placement on the November 2024 ballot. 147 ATTACHMENTS: Attachment A – Request for Circulating Title and Summary Attachment B – Attorney General of California Title and Summary Attachment C - Resolution 1702570.1 148 September 18, 2023 Initiative 23-0011 The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: LIMITS STATE’S ABILITY TO SET STATEWIDE LAND-USE AND HOUSING POLICY. INITIATIVE CONSTITUTIONAL AMENDMENT. Provides that local laws automatically override conflicting state land-use and zoning laws (including affordable housing laws), unless such state laws address specified statewide concerns. For state laws enacted after 2016 to prevail over local laws, they must include specific findings of statewide concern, which may require recent laws to be re-enacted or amended. Prohibits state from changing, granting, or denying funding to local governments based on their implementation of this measure. Repeals Article XXXIV of the California Constitution, which requires local voter approval for publicly funded low-rent housing projects. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Fiscal effects of the measure depend on future decisions by the cities and counties and therefore are unknown. (23-0011.) 149 To: The Office of the Attorney General ATTN: Anabel Renteria, Initiative Coordinator P.O. Box 944255 Sacramento, CA 94244-2550 (916) 210-6062 RE: Request for Circulating Title and Summary To Whom It May Concern: Pursuant to Article 11, Section 10( d) of the California Constitution, this letter respectfully requests that the Attorney General prepare a circulating title and summary of the enclosed proposed statewide initiative. Also enclosed are the required signed statements pursuant to California Elections Code sections 9001 and 9608, a check in the amount of $2,000, and the proponents' addresses as registered voters attached as Attachment A. Please direct all inquiries and correspondence regarding this proposed initiative to: Amber Maltbie (213) 612-7800 amaltbie@nossaman.com Submitted by proponents: John Heath Peggy Huang Jovita Mendoza Dennis Richards Susan Candell Anita Enander Kalimah Priforce 61652299.vl Initiative 23-0011 150 (Here set forth the unique numeric identifier provided by the Attorney General and circulating title and summary prepared by the Attorney General. Both the Attorney General's unique numeric identifier and the circulating title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) We, the undersigned, registered, qualified voters of California, residents of __ County, hereby propose amendments to the Constitution of California, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or as otherwise provided by law. The proposed constitutional amendments read as follows: SECTION l. The people of the State of California find and declare all of the following: (a) California's housing crisis is primarily due to a failure to provide enough housing (to own or rent) that is affordable for working class and lower income Californians, and this crisis has worsened due to massive reductions in available funding to help local governments encourage more affordable housing production. The involvement of large financial institutions and speculators in our housing markets and recent state laws that usurp the power of local government to exercise its constitutional authority to make local land use planning and zoning decisions have combined to further restrict affordable housing options and displace many working class families and people of color from their own historic communities. (b) Local government is best able to consider all the requisite factors and make the difficult land use planning and zoning decisions to ensure that new development is supported by the infrastructure and utilities required to maintain appropriate levels of public services, including police and fire services, park lands and public open spaces, transportation, parking, and schools. The specific needs and challenges facing every California community vary greatly and therefore require significant input and leadership from local government to achieve best outcomes on land use planning and zoning issues, including the provision of affordable housing and protecting the environment. ( c) The State Legislature cannot adequately consider or address the unique impacts of land use planning and zoning statutes on every local community, and recent state laws designed to require local governments to increase housing density and encourage the production of more market rate housing by minimizing public input and eliminating environmental review will not solve our aJTordable housing crisis. In fact, these state laws will harm communities by making housing less affordable, causing more traffic and congestion, increasing property taxes, and overburdening existing infrastructure instead of encouraging collaboration with local government to produce more affordable housing. Initiative 23-0011 151 ( d) The purpose of this measure is to protect the ability of local communities to make local land use planning and zoning decisions, and to clarify the process to resolve conflicts between current or future state and local land use planning and zoning laws. One size does not fit all, and recent statewide land use and zoning laws will do great harm without significant input and participation from local communities. The "home rule" doctrine is enshrined in Sections 4 and 5 of Article XI of the California Constitution, and local land use planning or zoning initiatives approved by voters shall not be nullified or superseded by state law. (e) This constitutional amendment is expressly intended to authorize local laws to override conflicting state land use planning and zoning statutes while ensuring that specified laws remain in full force and effect. SEC. 2. Section 3 .5 is added to Article XI of the California Constitution, to read: SEC. 3.5. For purposes of this article: (a)(l) "Land use planning and zoning statute" means any law imposed by the state that accomplishes any of the following: (A) Eliminates or restricts a city or county's discretion to establish or change the zoning designation of any parcel within its jurisdiction. (B) Requires a city or county to review, approve, or deny a development application on a streamlined, ministerial, or expedited basis if the project meets a specified criteria. (C) Restricts, in any way, the ability of a city or county to approve or deny a development or the subdivision of a parcel. (D) Imposes any restriction on the ability of a city or county to deny a development project or subdivision of a parcel. (E) Establishes the procedure for establishing or changing the zonmg designation of any parcel within its jurisdiction. (F) Establishes the procedure or timing for rev1ewmg and approvmg development applications. (2) "Land use planning and zoning statute" does not include a covered state statute. (b) "Covered state statute" means a state law that addresses a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of this article, and relates to any of the following: (1) Local government discretion in reviewing and approving a housing development project, provided that the statute requires the housing project to comply with all of the following: (A) One hundred percent of the units of the housing project shall be deed- restricted to be sold or rented to lower income households. For purposes of this subparagraph, "lower income households" means persons and families making at or below 80 percent of the area median income. 152 (B) The housing project shall be consistent with the general plan land use designation or zoning of the parcel or parcels of the project. (C) The housing project shall comply with local objective standards applicable to the project site. (D) All construction workers employed in the execution of the housing project shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations. (E) The housing project shall use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, for all construction work. (2) The protection of the environment or natural resources, including, but not limited to any of the following: (A) The California Environmental Quality Act (Division 13 ( commencing with Section 21000) of the Public Resources Code) and California Environmental Quality Act Guidelines (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations). (B) The California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code). (C) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). (D) The Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code). (E) The Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2 of the Public Resources Code). (F) Pollution control or environmental justice laws, rules, or regulations. (3) The protection of health and safety, including but not limited to, the development of contaminated sites and regulation of hazardous material storage sites. (4) Emergency response to natural disasters and disaster planning and recovery. (5) The regulation of the physical structure and the construction of buildings. (6) The regulation of residential or commercial rents and landlord-tenant relations, including the Ellis Act (Chapter 12.75 (commencing with Section 7060) of Division 7 of Title l of the Government Code) and Costa-Hawkins Rental Housing Act (Chapter 2.7 (commencing with Section 1954.50) of Title 5 of Part 4 of Division 3 of the Civil Code). (7) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location and that the facility addresses a matter of statewide concern. (8) (A) The development or construction of a water, communication, or transportation infrastructure project for which the Legislature lists the specific reasons explaining how the project addresses the statewide concern and declares that the development is in the best interests of the state. 153 (B) For purposes of this paragraph. a transportation infrastructure project does not include a transit-oriented development project, whether residential, commercial, or mixed-use. (9) Fair housing matters, including, but not limited to the California Fair Employment and I-lousing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), prohibitions against discrimination, or affirmatively furthering fair housing. (] 0) Reporting requirements, provided that the reporting requirements apply unifo1111ly to all cities and counties and do not discriminate amongst cities or counties based on voluntary compliance with any land use planning and zoning statute. ( c) "Local law" means any law put into effect by a city or county through a charter, ordinance, regulation, local initiative, or other action. SEC. 3. Section 5.5 is added to Article XI of the California Constitution, to read: SEC. 5.5. (a) Except as provided in subdivision (b ), in the event of a conflict between a local law and a land use planning and zoning statute, the local law shall be deemed a municipal affair within the meaning of Section 5 and shall prevail over the conflicting land use planning and zoning statute. (b) Subdivision (a) shall not apply to a covered state statute that conflicts with a local law, provided that for a covered state statute enacted on or after January 1, 2016, the Legislature makes a finding that the covered state statute addresses a matter of statewide concern. A finding of statewide concern made pursuant to this subdivision shall list the specific goals, purposes, and objectives of the statute. ( c) (l) State funding appropriated before the effective elate of this section shall not be modified clue to a city adopting or enforcing a local law that preempts any land use planning and zoning statute pursuant to this section. (2) State funding appropriated after the effective elate of this section shall not discriminate in favor ot or give any preference to, a city that voluntarily complies with any land use planning and zoning statute. ( cl) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 4. Section 7 of Article XI of the California Constitution is amended to read: SEC. 7. (a) (]) A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general lmvs. that are not, except as provided in subdivision (b), in conflict with general lcrws. (2) A county or city shall not supersede or otherwise interfere with any voter approved local initiative. 154 (b) (]) Except as provided in paragraph (2), a local lcrw shall prevail over conflicting land use planning and zoning statutes. (2) Paragraph (]) shall not apply to a covered state statute that conflicts with a local lcrw, provided that for a covered state statute enacted on or after January 1, 2016, the Legislature makes a finding that the covered state statute addresses a matter of statewide concern. A finding of statewide concern made pursuant to this paragraph shall list the specific goals, pllrposes, and objectives of the statute. (c) (l) State .fimding appropriated befbre the effective date of the act adding this sltbdivision shall not be modified due to a city or county adopting or enfbrcing any local lcnv that preempts any land use planning and zoning statute pursltant to this section. (2) State funding appropriated after the effective date of the act adding this subdivision shall not discriminate in favor of, or give any preference to, a city or coltnty that voluntarily complies with any land use planning and zoning statute. ( d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 5. Article XXXIV of the Constitution of the State of California is repealed. Article XXXIV PUBLIC HOUSING PROJECT LAW Section I. No low rent housing project shall hereafter be developed, constructed, or acquired in any manner by any state p~ublic body until, a majority of the qualified electors of the city, town or cmmty, as the case may be, in which it is proposed to develop, construct, or acq~uire the same, voting upon such issue, approve s1wh project by voting in favor thereof at an election to be held for that p1:irpose, or at any general or special election. For the pmposes of this Article the term "low rent ho11sing project" shall mean any development composed of ;.cirban or rural dwellings, apartments or other living accommodations for persons of low income, financed in 1,vhole or in part by the Federal Government or a state public body or to which the Federal Government or a state p11blic body extends assistance by supplying all or part of the labor, by g1iaranteeing the payment of liens, or othenvise. For the pmposes of this Article only there shall-be excilided from the term "10\v rent housing project" any s1wh project \vhere there shall be in existence on the effective date hereof, a contract for financial assistance be~ween any state p1:1blic body and the Federal Government in respect to such project. For the purposes of this Article only "persons oflow income" shall mean persons or families \Vho lack the amount of income which is necessary (as determined by 155 the state public body developing, constructing, or acquiring the lm:,1sing project) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, withm1t overcrowding. For the purposes of this Article the term "state public body" shall mean this State, or any city, city and county, co1mty, district, authority, agency, or any other subdivision or p11blic body of this State. For the pmposes of this Article the term "Federal Government" shall mean the United States of America, or any agency or instrumentality, corporate or othenvise, of the United States of America. Section 2. The provisions of this Article shall be self executing but legislation not in conflict here1.vith may be enacted to facilitate its operation. Section 3. If any portion, section or clallSe of this article, or the application thereof to any person or circ1m1stance, shall for any reason be declared 1mconstit11tional or held invalid, the remainder of this Article, or the application of s1rnh portion, section or clm1se to other persons or circumstances, shall not be affected thereby. Section 4. The provisions of this Article shall supersede all provisions of this Constit11tion and laws enacted thereunder in conflict therewith. SEC. 6. The provisions of this measure are severable. If any provision of this measure or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. 156 RESOLUTION NO. 21-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IN SUPPORT OF THE PROPOSED STATEWIDE INITIATIVE CONSTITUTIONAL AMENDMENT TO PROTECT LOCAL LAND USE CONTROL WHEREAS, California’s housing crisis is primarily due to a failure to provide enough housing (to own or rent) that is affordable for working-class and lower-income Californians; and WHEREAS, this crisis has worsened due to massive reductions in available funding to help local governments encourage more affordable housing production; and WHEREAS, the involvement of large financial institutions and speculators in our housing markets and recent state laws that usurp the power of local government to exercise its constitutional authority to make local land use planning and zoning decisions have combined to further restrict affordable housing options and displace many working-class families; and WHEREAS, Attachment A to this resolution is a proposed statewide initiative referred to by its proponents as the Our Neighborhood Voices Initiative that has qualified for circulation as a proposed statewide initiative with the goal of being placed on the November 2024 ballot; and WHEREAS, if the initiative qualifies for the ballot and is approved by voters, it would amend the California Constitution to protect the ability of local communities to make local land use planning and zoning decisions, and to clarify the process to resolve conflicts between current or future state and local land use planning and zoning laws; WHEREAS, this constitutional amendment is expressly intended to authorize local laws to override conflicting state land use planning and zoning statutes while ensuring that specified laws remain in full force and effect; and WHEREAS, the City Council by Resolution No 21-075 unanimously supported a similar initiative that had been proposed for the November 2022 ballot. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby support the proposed statewide initiative regarding local land use formally titled the Constitutional Amendment to Protect Local Land Use Control and reaffirms its desire to protect the ability of local communities to make local land use planning and zoning decisions. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of October 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kookie Fitzsimmons, Mayor ATTEST: DATE: Britt Avrit, MMC, City Clerk 157 1702567.1 158 CITY OF SARATOGA Memorandum To: Mayor Fitzsimmons & Members of the Saratoga City Council From: Britt Avrit, City Clerk Meeting Date: October 18, 2023 Subject: Written Communications, Item 3.3 Following publication of the agenda packet for the October 18, 2023 City Council Meeting written communications were submitted for Item 3.3. The communications are attached to this memo. 159 From:noreply@civicplus.com To:Chuck Page; Yan Zhao; Belal Aftab; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal Bothelio; Leslie Arroyo Subject:Online Form Submittal: Council Comments Form Date:Tuesday, October 17, 2023 9:45:23 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name David Scott Phone Number Field not completed. Email Address Subject Resolution Supporting Initiative Constitutional Amendment to Protect Local Land Use Control Comments I support this resolution. Thanks, Dave Scott Email Subscription Subscribe Email not displaying correctly? View it in your browser. 160 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:James Lindsay, City Manager SUBJECT:Consideration of Very High Fire Hazard Severity Zones in the Regional Housing Needs Allocation Process RECOMMENDED ACTION: Authorize the Mayor to sign a letter from the City Council to State Senator Dave Cortese and Assemblymember Marc Berman requesting legislation to account for Very High Fire Hazard Severity Zones in the Regional Housing Needs Allocation (RHNA) process. BACKGROUND: Every eight years, housing needs are assessed within the different regions of California. Based on growth projections from the State Department of Finance, the California Department of Housing and Community Development (HCD), in partnership with a Council of Governments for each region, determines housing needs within each of the 18 regions in the State. Each Council of Governments for the different regions develops a methodology for distributing the housing needs among all the jurisdictions within that region. The Council of Governments that represents the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma is the Association of Bay Area Governments (ABAG) Section 65584.04 (Attachment B) of the California Government Code governs the development of the housing methodology developed by each region. One of the RHNA factors to be used in developing a housing methodology is determining the suitability of land for urban development. A region may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.These lands are often designated as flood zones on maps published by FEMA. No such exclusion currently exists for lands located in a Very High Fire Hazard Severity Zone as designated by the California Department of Forestry and Fire Protection (Cal Fire) or another local agency. In 2021, Saratoga filed an appeal of ABAG’s Draft 2023-2031 RHNA on several grounds, one of which was that ABAG failed to adequately consider availability of land suitable for urban 161 development in Saratoga due to roughly half of the City being located within a Wildland Urban Interface area (WUI) and at high or very high risk for wildfires. Many other cities in the Bay Area that have large areas as risk of wildfire filed appeals on similar grounds. The ABAG Appeal Board denied these appeals and stated repeatedly during the hearings that State law did not allow them to exclude lands within a WUI area or a fire hazard severity zone. The Plan Bay Area 2050 Environmental Impact Report, which helped shape the current RHNA process, acknowledged that an increase in housing units in the San Francisco Bay Area will intensify the risk of wildland fires and mitigation measures, such as educating the public and enforcing defensible space requirements, will not minimize this threat. Close to home, the 2020 CZU August LightningComplex burned nearly 87,000 acres ofland and destroyed 7,000 buildings just outside of Saratoga City Limits in the Santa Cruz Mountains. Additional legislation is needed to allow Council of Governments to acknowledge lands located in a Very High Fire Hazard Severity Zone and exclude them, as they can with FEMA flood zones, as land suitable for urban development in future RHNA cycles. The draft letter provided as Attachment A requests that Saratoga’s current State representatives introduce legislation next year to add this exclusion. ATTACHMENTS: Attachment A – Draft Letters Attachment B – Government Code Section 65584.04 162 Incorporated October 22, 1956 CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 COUNCIL MEMBERS: Belal Aftab Kookie Fitzsimmons Chuck Page Tina Walia Yan Zhao October 18, 2023 The Honorable Dave Cortese 1021 O Street, Suite 6630 Sacramento, CA 95814 Subject: Request for Legislation Acknowledging Very High Fire Hazard Severity Zones in Future RHNAs Dear Senator Cortese, The Saratoga City Council unanimously urges you to introduce legislation in 2024 to acknowledge Very High Fire Hazard Severity Zones within Government Code Section 65584.04(e)(2)(B). This addition would provide each council of government within the State the authority, if they chose, to exclude lands in these hazardous areas as suitable for urban development in their respective housing methodologies used to determine the future RHNA for cities and counties. Section 65584.04(e)(2)(B) allows this exception for certain flood hazard areas. Properties located in Very High Fire Hazard Severity Zones should be treated equally. Our suggested modifications for this much needed change are shown underlined below: Government Code Section 65584.04(e)(2)(B): The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where: (i) the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding ; or (ii) the Department of Forestry and Fire Protection or a local agency has identified the lands as within the very high fire hazard severity zone pursuant to Sections 51178 and 51179. For purposes of this paragraph, 'very high fire hazard severity zone' and 'local agency' have the same meaning as provided in Section 51177. 163 The Plan Bay Area 2050 Environmental Impact Report, which helped shape the current RHNA process, acknowledged that an increase in housing units in the San Francisco Bay Area will intensify the risk of wildland fires and mitigation measures, such as educating the public and enforcing defensible space requirements, will not minimize this threat. And not long ago, the CZU August Lightning Complex burned nearly 87,000 acres of land and destroyed 7,000 buildings just outside of Saratoga City Limits in the Santa Cruz Mountains. Sincerely, Kookie Fitzsimmons, Mayor City of Saratoga 164 Incorporated October 22, 1956 CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 COUNCIL MEMBERS: Belal Aftab Kookie Fitzsimmons Chuck Page Tina Walia Yan Zhao October 18, 2023 The Honorable Marc Berman State Capitol P.O. Box 942849 Sacramento, CA 94249-0023 Subject: Request for Legislation Acknowledging Very High Fire Hazard Severity Zones in Future RHNAs Dear Assemblymember Berman, The Saratoga City Council unanimously urges you to introduce legislation in 2024 to acknowledge Very High Fire Hazard Severity Zones within Government Code Section 65584.04(e)(2)(B). This addition would provide each council of government within the State the authority, if they chose, to exclude lands in these hazardous areas as suitable for urban development in their respective housing methodologies used to determine the future RHNA for cities and counties. Section 65584.04(e)(2)(B) allows this exception for certain flood hazard areas. Properties located in Very High Fire Hazard Severity Zones should be treated equally. Our suggested modifications for this much needed change are shown underlined below: Government Code Section 65584.04(e)(2)(B): The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where: (i) the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding ; or (ii) the Department of Forestry and Fire Protection or a local agency has identified the lands as within the very high fire hazard severity zone pursuant to Sections 51178 and 51179. For purposes of this paragraph, 'very high fire hazard severity zone' and 'local agency' have the same meaning as provided in Section 51177. 165 The Plan Bay Area 2050 Environmental Impact Report, which helped shape the current RHNA process, acknowledged that an increase in housing units in the San Francisco Bay Area will intensify the risk of wildland fires and mitigation measures, such as educating the public and enforcing defensible space requirements, will not minimize this threat. And not long ago, the CZU August Lightning Complex burned nearly 87,000 acres of land and destroyed 7,000 buildings just outside of Saratoga City Limits in the Santa Cruz Mountains. Sincerely, Kookie Fitzsimmons, Mayor City of Saratoga 166 167 168 169 170 171 SARATOGA CITY COUNCIL MEETING DATE:October 18, 2023 DEPARTMENT:Community Development Department PREPARED BY:Bryan Swanson, Community Development Director SUBJECT:Discussion of Maintenance of Residential Front Yard Landscaping RECOMMENDED ACTION: Staff recommends that the City Council review the information in this report and provide staff direction as needed. BACKGROUND: At the July 5, 2023 City Council meeting, Councilmember Page motioned, and Mayor Fitzsimmons seconded a request to have the City Council explore the condition of maintenance of residential front yards. Staff has analyzed the current code and researched options for the Council to consider regarding residential front yard maintenance. Saratoga code contains the following statements referring to property vegetation, weeds and landscaping requirements. Saratoga Municipal Code section 7-45.030 prohibits “Weeds or other vegetation constituting unsightly appearance, a danger to public safety and welfare, a detriment to neighboring property or property values”. Saratoga Municipal Code section 15-12.095 requires property owners to have “at least fifty percent of the required front setback area of any lot and the exterior side setback area of a corner lot must have live trees, shrubs, lawns, other live plant materials or decorative landscaping installed”. DISCUSSION: Landscaping The City’s Code Enforcement program is complaint driven and the emphasis is on achieving code compliance through education, communication, and cooperation. In June of 2021,the Countywide drought emergency was declared, and the enforcement of the landscaping requirement was not enforced. As a result, Code Enforcement primarily focused on enforcing the prohibition of overgrown vegetation throughout the city. 172 In reviewing and discussing the enforcement of the landscaping requirement, the Council may wish to consider the following: Direct staff to provide more outreach information through the weekly newsletter, social media or pamphlets. Direct staff to enforce the landscaping requirements in residential districts which would require additional staff resources for enforcement. Make no change to the current ordinance or enforcement arrangement. ATTACHMENT: Attachment A – Important Drought Dates and Actions Attachment B – City Code excerpts – 7-45.030 Attachment C – City Code excerpts – 15-12.095 173 IMPORTANT DROUGHT DATES - ACTIONS On April 11, 2023, the Santa Clara Valley Water District’s Board of Directors voted unanimously to rescind a “water shortage emergency” that was declared in 2021 during a historic statewide drought. However, Valley Water officials still want local residents, businesses, and other customers to conserve water. On this same day, the board also implemented a 15% voluntary water use reduction for Santa Clara County, according to Valley Water staff. The seven-member board also directed CEO Rick Callendar to return at a future meeting with recommendations for further actions to support water conservation “as a way of life in our county and state.” Currently, Water authorities will continue to enforce its water waste restrictions, including a two- day-per-week watering limit for residential non-functional turf. On March 28, 2022, Governor Gavin Newsom issued Executive Order N-7-22 to call on local water suppliers to move to Stage 2 of their water shortage contingency plans (which equates to a 20% water use reduction) and directed the State Water Resources Control Board to evaluate the adoption of regulations banning irrigation of decorative grass around commercial, industrial and institutional buildings, which is estimated to result in potential water savings of several hundred thousand acre-feet. On July 8, 2021, Santa Clara County was included in the Governor’s drought emergency proclamation, and the entire state of California was included on October 19, 202. On June 15, 2021, Santa Clara County’s Director of Emergency Services proclaimed a local drought emergency which was ratified by the Santa Clara County Board of Supervisors on June 22, 2021. On June 9, 2021, the Board of Directors of the Santa Clara Valley Water District adopted Resolution No. 21-68 declaring a water shortage emergency condition pursuant to Water Code Section 350 and calling for water use restrictions. . 174 Created: 2023-04-13 08:46:57 [EST] (Supp. No. 52) Page 1 of 4 SMC 7-45.030 Unlawful Property Nuisance; Private Property It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of private property in the City to maintain or to allow to be maintained such property in such manner that any of the following conditions which are visible from the street or from neighboring properties are found to exist thereon for a period of more than thirty days after written notice of same has been given by the Community Development Director, except as may be allowed by any other provision of law, including provisions of this Code. (a)Unlawful outdoor storage and conditions. (1) The accumulation of abandoned, discarded, or dilapidated objects, including but not limited to junk; abandoned, wrecked, dismantled or inoperative vehicles; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap metal, wood, plant cuttings, rubbish and debris or similar matter which constitutes a threat to public health or safety or renders any premises unsightly and detrimental to the general public welfare. Nothing in this Section shall be construed as prohibiting the orderly outdoor storage of business-related materials and inventory where permitted by applicable zoning designation, rules or regulations. (2) The accumulation of dirt, sand, gravel, concrete, litter, debris or other similar material on the property which is visible from the street, from neighboring properties, or from areas of general public/invitee access on the property; or which could potentially be discharged into a storm drain system. (3) Attractive nuisances visible from a public street, or neighboring properties, dangerous to those members of the public unable to discover the nuisance condition, or recognize its potential danger, including, but not limited to abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, lights, light fixtures, refrigerators and freezers, pools, ponds and excavations, as well as all other items and conditions identified in Penal Code Section 402(c) and Health and Safety Code Section 24400. (4) Materials or other items stacked in a manner as to be visible from the street or from neighboring properties, or from areas of general public/invitee access on the property, above any fence or in a manner which could potentially result in discharge into a storm drain system. Nothing in this Section shall be construed as prohibiting the orderly outdoor storage of business-related materials and inventory above fence height where permitted by applicable zoning designation, rules or regulations. (5) The placement of items of business inventory, refuse containers, equipment, vehicles, or obstruction on the street, sidewalk or parking areas developed or intended for use by public invitees in general. (6) Materials stored or stacked on property in a disorderly, disarrayed or unsightly manner in view of the street, of neighboring properties or of areas of general 175 Created: 2023-04-13 08:46:57 [EST] (Supp. No. 52) Page 2 of 4 public/invitee access on the property, in zoning districts where outdoor storage may be permitted or in a manner which could potentially result in discharge into a storm drain system. (7) Boats, trailers, recreation vehicles, vehicle parts or other articles of personal property which are left in a state of partial construction, dilapidation or disrepair in locations which are visible from the street or neighboring properties; or which are left parked or stored in violation of applicable zoning designation, rules or regulations. (8) Packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris kept on the property and visible from the street, from neighboring properties, or from areas of general public/invitee access on the property. (9) The storage of firewood or other flammable materials in excess of standards relating to the safe storage of combustible materials as determined by the Fire Chief and the Uniform Fire Code. (b) Landscaping/vegetation. (1) Dead or hazardous trees. For the purpose of this section, "dead tree" has the meaning set forth in Section 15-50.020(i) of the Saratoga City Code. (2) Weeds or other vegetation constituting unsightly appearance, a danger to public safety and welfare, a detriment to neighboring property or property values or from which a continuous offensive odor emanates. (3) Overgrown vegetation likely to harbor rats, vermin and other nuisances, growing into the public right-of-way, or obstructing the necessary view of drivers on public streets or private driveways, and visible from the street, from neighboring properties, or from areas of general public/invitee access on the property. (4) Failure to comply with the requirements set forth in any City zoning approval or permit applicable to the premises. (c)Trash, litter, trimmings, oil and debris. (1) The accumulation of litter, debris, trimmings or trash on any property, including sidewalks, gutters, storm drains, driveways, walkways, alleyways, parking lots or the public right-of-way, which is generated on, or as a consequence of the use or maintenance of the property, or from which a continuous, offensive odor emanates. (2) Pooled oil, water, or other liquid accumulation, flowing onto the street, or into a storm drain system, or excessive accumulations of grease or oil on paved surfaces, or in storm drain systems. (d)Trash containers. (1) Trash, garbage or refuse cans, bins, boxes or other such containers stored in view of the street or neighboring properties or from which a continuous, offensive odor emanates. Nothing in this Section shall be construed as prohibiting the outdoor storage of any type of trash receptacle if said receptacle is screened from view from 176 Created: 2023-04-13 08:46:57 [EST] (Supp. No. 52) Page 3 of 4 the street, any public right-of-way or neighboring properties in a manner approved by the Community Development Director and consistent with applicable zoning designations, rules or regulations. (2) Any property without regular and adequate trash collection service. (3) Trash containers without secure, firmly fitting covers or evidencing an overflow of trash and/or other debris. (e)Buildings and structures. (1) Buildings which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction, buildings subject to demolition pursuant to applicable provisions of this Code or other authority, for which demolition has not been diligently pursued, and such buildings which are unpainted or where the paint on the building exterior is significantly cracking, peeling, chalking or worn off. (2) Unsecured buildings constituting hazardous conditions or inviting or permitting trespassers and malicious mischief. (3) Awnings, covers, canopies, umbrellas, screens, lights, light fixtures or other window coverings or building structures which are damaged, torn, severely faded, rusted, bent, unpainted or in some other state of substantial disrepair. (f)Fences and gates. (1) Fences or other structures on private property abutting, fronting upon, or visible from any public street or neighboring properties, which are sagging, leaning, fallen, decayed, extending into the public right-of-way or other dilapidated or unsafe condition. (g)Graffiti. (1) Graffiti or other words, lettering or drawings not otherwise permitted by the provisions of this Code, which remain on the exterior of any building, fence or wall for a period of more than ten days after written notice of same has been given by the Community Development Director. (h)Parking limitations. (1) Vehicles, whether motorized or nonmotorized, parked within any required setback or on any surface which has not previously been approved for parking purposes pursuant to applicable Building Code and/or zoning ordinance provisions. (i)Parking strips. (1) Allowing an accumulation of junk, rubbish, debris, or dead, decayed or overgrown vegetation in that area between the property line and the street line of a given parcel, commonly known as a "parkway." (j)Miscellaneous. 177 Created: 2023-04-13 08:46:57 [EST] (Supp. No. 52) Page 4 of 4 (1) Any other condition or use of property which gives rise to a reasonable determination by the Community Development Director, that said condition or use represents some threat to the health and welfare of the public by virtue of its unsafe, dangerous or hazardous nature, or which is so out of harmony with the standards of properties in the vicinity so as to cause substantial diminution of the enjoyment, use, or property values of such properties. (Ord. 71-130 § 1 (part), 1993) (Ord. No. 335, § 1.A, 11-18-2015) 178 Created: 2023-04-13 08:47:14 [EST] (Supp. No. 52) Page 1 of 1 SMC 15-12.095 Landscaping (a) Notwithstanding the maximum standards for site coverage, at least fifty percent of the required front setback area of any lot and the exterior side setback area of a corner lot must have live trees, shrubs, lawns, other live plant materials or decorative landscaping installed. For the purpose of this Section, "decorative landscaping" means decorative non-live materials such as rocks, gravel, or bark and does not include asphalt, cement or any other impervious surface. (b) No more than fifty percent of the required front setback area of any lot and the exterior side setback area of a corner lot may be covered with impervious surfaces. (Ord. No. 314, § 1, 3-5-2014) 179 CITY OF SARATOGA Memorandum To: Mayor Fitzsimmons & Members of the Saratoga City Council From: Britt Avrit, City Clerk Meeting Date: October 18, 2023 Subject: Written Communications, Item 3.5 Following publication of the agenda packet for the October 18, 2023 City Council Meeting written communications were submitted for Item 3.5. The communications are attached to this memo. 180 From:noreply@civicplus.com To:Chuck Page; Yan Zhao; Belal Aftab; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal Bothelio; Leslie Arroyo Subject:Online Form Submittal: Council Comments Form Date:Tuesday, October 17, 2023 7:38:54 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name Kathy Schmidt Phone Number Email Address Subject Residential Front Yard Landscaping Comments Good morning, It was brought to my attention by Chuck Page that the issue of front yard landscaping will be discussed at the October 18th City Council meeting. Since I am unable to attend the meeting in person, I would like to submit some comments with regards to this topic of discussion. I reached out to Chuck Page on July 3, 2023 regarding this very issue and below are my comments. My husband and I have lived in Saratoga for the past 37 years. It is very disappointing to see across many neighborhoods the lack of care with regards to front yard landscaping. I do realize we had a drought, but I don't believe that is the main reason for the lack of care and concern as it relates to someone's personal residence. The very fabric of our neighborhoods, for which attracted us to Saratoga, is becoming an eye sore and has become an issue for all homeowners that do maintain their landscape. Moreover, this lack of concern and respect for others, will ultimately change the recognition of Saratoga as a whole and have a direct impact on the value of a neighborhood. While not as important as the other issues such as crime, it does affect our quality of life and home values. The below referenced ordinances are being abused all across the city of Saratoga. SMC 7-45.030 Unlawful Property Nuisance; Private Property~ (b) Landscaping/vegetation. (1) Dead or hazardous trees. For the purpose of this section, "dead tree" has the meaning set forth in Section 15-50.020(i) of the Saratoga City Code. (2) Weeds or other vegetation constituting unsightly appearance, a danger to public safety and welfare, a detriment to neighboring property or property values or from which a continuous offensive 181 odor emanates. (3) Overgrown vegetation likely to harbor rats, vermin and other nuisances, growing into the public right-of-way, or obstructing the necessary view of drivers on public streets or private driveways, and visible from the street, from neighboring properties, or from areas of general public/invitee access on the property. SMC 15-12.095 Landscaping (a) Notwithstanding the maximum standards for site coverage, at least fifty percent of the required front setback area of any lot and the exterior side setback area of a corner lot must have live trees, shrubs, lawns, other live plant materials or decorative landscaping installed. For the purpose of this Section, "decorative landscaping" means decorative non-live materials such as rocks, gravel, or bark and does not include asphalt, cement or any other impervious surface. My question is when and how do we enforce the ordinances that have been set forth by the City Council? It's long overdue and we need some real change to save our beautiful city. Thank you! Email Subscription Unsubscribe Email not displaying correctly? View it in your browser. 182 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 183